HomeMy WebLinkAboutLand Use Case.CU.420 N Spring St.A72-90CAS�.aAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 1 7 90
DATE COMPLETE: hi
` 4
PARCEL ID AND CASE NO.
A737-OV- A72 -90
STAFF MEMBER: YJ
PROJECT NAME: Hamilton Conditional Use - Accessory Dwelling nit
Project Address: 420 N. Spring St.,Aspen,Co
Legal Address: Lots 1, 3- 7,Block 4, Oklahoma Flats, Aspen
APPLICANT: Ruth Hamilton
Applicant Address: P.O. Box 9906, Aspen,CO
REPRESENTATIVE: Al Bever Design
Representative Address /Phone: P.O. Box 9665
Aspen, CO 925 -8339
PAID:
YES NO xAMOUNT:
N.C.
NO. OF
COPIES RECEIVED: 2
TYPE
OF APPLICATION:
1 STEP:
\ V/
2 STEP: _
P &Z Meeting Date PUBLIC HEARING: NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
REFERRALS:
City Attorney
- City Engineer
- Housing Dir.
Aspen Water
City Electric
Envir. Hlth.
Aspen Con.S.D.
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshal
Building Inspector
Roaring Fork
Energy Center
School District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Other
INITIALS:
DATE REFERRED:
FINAL ROUTING:
City Atty
G Housing
DATE ROUTED: INITIAL:
City Engineer _ Zoning Env. Health
Other:
FILE STATUS AND LOCATION:
Ikrrlla 9IL-Wr I ..
IAND USE APPLICATUON Furth
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Project Name K
- 11 l�
2)
project Location
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j 3
(indicate stzeet address, lot & block mnber, legal des ' � on wbere
appropriate)
3)
Present 7.o[ung )
4) lot Size J t
Address
s)
Applicant's Name, & Pt,one
Tip lh (1-1t)
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• `� t2 I�E SI(;N
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Representative's Name,
Address & Phone
7`))/
Type of Application (please Bieck all that apply):
LL- �
/\
Oonditional U
��oeptual SP Conoep historic Dev-
-
Special Review
Final SPA Final Ilistoric Dev.
_
8040 (roenline
Uoept PUD Minor Historic Dev.
Stream Margin
Final PUD historic Demolition
Mountain View Plane _
Subdivision Historic Designation
cordcmini
1 xt/I.fap Amendmen GMZ!S Allotment
Iat sp it /lot Tire -
Q�2S Emmption .. ._
Adjustment
Q)
Description of Existing
ft.;
Uses - ( rnmt »r and type Of existing s
comber of bedrooms; any previous aPPmvals granted to the
approximate sq_
property) -
IU�Cl�G ATUL N C-,ps - E
9) I��cr'iplion of Develotnicnt Appliption
10) I4ive- you attadxxl Uic follwily ?
_tf 14-- ten xxK;e to AttaLcdm�rt: 2, Minimmm Sui,Ais-ion Con t-
Rr xxtsc to AtU"m)ent 3, Slxx;ific ` A i-- - ion Contents
L,-� - I2esponse to Attadmient 4, Review S tandards for Your Application
ATTACHMENT 2
Minimum Submission Contents for All Development Applications
All Development Applications shall include, at a minimum,
the following information and materials.
1. The applicant's name, address and telephone
number, contained within a letter signed by the
applicant stating the name, address, and telephone
number of the representative authorized to act on
behalf of the applicant.
2. The street address and legal description of the
parcel on which the development is proposed to
occur.
A disclosure of ownership of the parcel on which
the development is proposed to occur, consisting
of a current certificate from a title insurance
company, or attorney licensed to practice in the
State of Colorado, listing the names of all owners
of the property, and all mortgages, judgments,
liens, easements, contracts and agreements
affecting the parcel, and demonstrating the
owner's right to .apply for the Development
Application.
4. An 8 1/2" x 11" vicinity map locating the subject
parcel within the City of Aspen.
5. A written des ra tion of the proposal and an
/'explanation in written, graphic or model form of
/ how the proposed development complies with the
review standards relevant to the Development
Application.
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ATTACHMENT 3
Specific Submission Contents: Development Application
for Conditional Use
The Development Application for a cond ..:ional use shall
include the following.
1 A, A sketch plan of the site showing existing and proposed
features which are relevant to the review of the
conditional use application; and
H. If the application involves development of a new
structure c- expansion or exterior remodeling of an
existing structure, proposed elevations of the struc-
ture.
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Review Standards:
ATTACHMENT 4
Development of Conditional Use
When considering a Development Application for a Conditional
Use, the. Commission shall consider whether all of the following
standards are met.
A.
The conditional use is consistent with. the purposes,
goals, objectives and standards of the Aspen Area
Comprehensive Plan, and with the intent of the Zone
District in which it is proposed to be located; and
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wC into MR011 I:b"K( - L.; tI l
B.
The conditional use is consistent and compatible with
the character of the immediate vicinity of the parcel
proposed for development and surrounding land uses, or
enhances the mixture of complimentary uses and ac-
tivities in the immediate vicinity of the parcel
proposed for development; andg,Sc" M Vlv(e1�19�u' +f9lfiGl}&E
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C.
The location, size, design and operating characteris-
tics of the proposed conditional use minimizes adverse
effects, including visual impacts, impacts on pedes-
pUt�
trian and vehicular circulation, parking, trash,
service delivery, noise, vibrations and odor on
surrounding properties; and
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D.
There aVe da *iate public facilities and services to
serve the conditional use including but not limited to
roads, potable water, sewer, solid waste, parks,
police, fire protection, emergency medical services,
hospital and medical services, drainage systems, and
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schools; and p, A,{"y) W 9HnW WAC S£IlVeb W Z ru+h
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E.
The applicant commits to supply affordable housing to
meet the incremental need for increased employees
generated by the conditional use; and
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F.
The proposed conditional use complies with all addi-
tional standards imposed on it by the Aspen Area
Comprehensive Plan and by all other applicable require-
ments of this chapter.
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November 18. 1990
To whom it may concern:
Al Beyer is authorized to act on behalf of Ruth B. Hamilton and Paul k.
Hamilton as a representative in our absence. The applicant's names are
Ruth and Skip Iamilton
Box 9906
920 Spring St.
Aspen, CO 81612
303- 925 - 6071
The representative is:
Al Bever
Box 9665
Aspen, CO 81612
303 - 925 -8339
Thank you for your immediate attention to this matter.
S'ncerel ,
Ruth 3. Ham It �n
�LANTY DEED
T111S DEED IsWe this /q dayof January
between Neligh C. Coates, Jr.
O -- Of Pitkin
W� z Paul K. Hamilton, as
CL U and Ruth B. Hamilton,
tenants in common
a W whose legal address is
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of the
State of Colorado, enmmnn) .till
to an undivided 20% interest
as to an undivided 80 %, as
O wix Post Office Box 9906, Aspen, Colorado
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County of Pitkin
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Stale of Colorado. granice(s).
WITNESSETH, That the gramorts), for and in consideration of the sum of Ten Dollars and other good and
valuable consideration - 4-X)4ArlRbr
tithe receipt and sufficiency ofwhich is hereby ac Is no% led ged. ha s granted. hargai ncd.suld and con %geed. and by tlhae prese nts dip s grant,
bargain, sell, coney. and confirm, unto the granmets), their heirs and assigns linecer, all the red prnpeny, lognhrr %k ill impmsenhems,
c if anv, situate. lying and being in the -- Count) of Pitkin . State of Colorado,
W Ca described as Inllows:
124
p See Exhibit "A" attached hereto and made a part hereof.
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TOGETHER unh all and singular the herednanletnf and appurtenances thereto belonging, or in anvf\ue appertaining, and the reversion and
reversions, remainder and remainders, rents. issues and profits thereof, and all the :sue, right tide, inmrest, claim and demand whauoevcr of the
grumunsl, either in law or equity, of. in and to the above bargained premises, with the herednamcnts and appurtenances.
TO HAN E AND TO HOLD the said premises abov bargained and deserlbtld u nh the appurtenances, mlm the granweW. their heirs and
assigns fore\er. And the gramor(s). for him elf , his hens and personal representatl \b, do e.S cownant, grant, bargain. and
agreemandu iththegranteelsi. the ilhcirs and assigns. that at the time of the enscaling and deliver\ of these presents, he is swell
seized of the premises above conce\ed. ha S good. sure, perfect, absolute and indelcasible estate of inheritance, in law. in fee simple, and
ba S good right. lull po"er and authorn <to gran. bargain, sell and l'lln\t•\ thc>anlc In nWnner and fi rnh as aloresdtd, and that the same are free
and clear from all former and other grant], bargain?. sales. liens, taxes, assessments, encumbrances, and re>nlcntn s of \P i.loer sind or nature foe \er.
excel' for and subject to the Exceptions to Title listed on Exhibit "B" attached
hereto.
The granmr(s) shall and will WARRANT AND FOREVER DEFEND the atwue- bargained premises in the quiet and peaceable possession ofthe
grantee(s), their his heirs and assigns, against all and every person or persons lawfully claiming the\chule orany part thereof
IN WITNESS WHEREOF, the grantor is) ha s executed this decd on the date set forth above .
el /N igh C. Co�Jr.
r ; STATE OF COLORADO '+• 1l ems_. •
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P'GoK 612
EXHIBIT " A "
LEGAL DESCRIPTION
LOTS 1, 3, 4, 5, 6 and 7, BLOCK 4 IN OKLAHOMA FLATS, PITKIN
COUNTY, COLORADO, being more fully described as follows:
Beginning at the Northeasterly corner of said Lot 1 whence corner
23, Tract A, Aspen Townsite Addition bears South 76 °53 East
462.16 feet;
Thence North 15 °30' East 44.81 feet;
Thence South 89 °54' East 176.33 feet;
Thence South 15 °30' West 156.44 feet;
Thence South 77 °30' West 60.04 feet;
Thence North 74 °30' West 176.99 feet;
Thence North 15 °30' East 93.0 feet;
Thence South 74 °30' East 60.00 feet to the Point of Beginning.
The above Tract is subject to an Encroachment Easement described
in Book 340 at Page 298, Pitkin County Records.
COUNTY OF PITKIN,
STATE OF COLORADO
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PROJECT:
CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
APPLICANT'S REPRESENTATIVE: A11 UP 1e�
REPRESENTATIVE'S PHONE: g
,{ /1 /9 5 - � 33 1
OWNER'S NAME: A SILK p I a s (QO
SUMMARY
1. Type of Application: :Qdc1c¢�ro
2. Describe action /type of development be
n � requested:
&C, �,U. bV� tc.Yna.t. E AU ttCae
3. Areas is which Applicant has been requested to respond,
types of reports requested:
Policy Area/
Referral Agent Comments
� PV �. ^ -
� ""� �� pp
4. Review is: (P &Z On ) (CC Only) (P &Z then to CC)
5. Public Hearing: (YES) (NO)
�7
6. Number of copies of the application to be submitted: Z
7
E:
What fee was applicant requested to submit: _ W, , , Mk
Anticipated date of submission: �/ v
9. COMMENTS /UNIQUE CONCERNS:
frm.pre_app
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- .iti �,;'r;;•'. �''.':'I' made this T/ day of
SAIL[iOATS, INC., a Kansas corpora-
i u r••i ea `t�: . .i; l:•.. ")lict•.:es t," and G. DRUMMOND MANSFIELD
v '. ?;.•.( P. '_..;SIt;:LF, of Aspen, Colorado, hereinafter called
.n nsfir id
1: I T N E S S E T H:
Mi.rwest is the caner in fee simple of that
I
.stain real pr. port.y situate within the County of Pitkin,
Sta tc of Colorado, described as follows:
i
Lot. 1, in Block 4 in Oklahoma Flats, based
upon the Field Survey of Monuments depicting
the b- undary of Lots 2, 3 and 4 of Block 2,
Oklahoma Flats; E. I. Shaws' Plat of the
Lux Placer, dated August 1946, on file in
tiu� O of the Pitkin County Clerk and
Recorder, the U.S. Patent and Field Notes
for the Lux Placer, Mineral Survey No. 6786,
and the 1956. . Teller Survey of Tract A, Aspen
Toensitc .Addition;
and,
WHEREAS, Mansfields are the owners in fee simple of
the following described real property situate in the County of
Pitkin, State of Cnl.orado, being and lying adjacent to the
property las; above described, more fully described as follows:
Lot 2, in Block 4, Oklahoma Flats, based
upon the Surveys and Field Notes referred
to in the paragraph last preceding;
and,
WHEREAS, based upon representations made to the
Mansfi.elds by their predecessor in title to the said Lot 2,
with respect to the location of their property I and the improve-
ments thereon, they purchased the same from that said predecessor
in good faith, but have subsequently found that a portion of .
their improvements, being a substantial part of the two -story
wood frame house situate principally on the said Lot 2, and the
fence and landscaping surrounding the same, in fact, encroaches
upon the northerly portion of Lot 1, as owned by Midwest; and,
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l�lrJ9 % ?1 lit :',� H 1 1 - .,-.. _� s� �7 P.01
such detachad g&rar- or r Iacjred accessory dwelling units
are prohibit - cd , i° i Cis , ' -�SFS z: ,.4 , 'strict.
STAFF RECU'VEN AA ^TJ - Staff 2 ,Olii.,8nds approval for the
conversion o4' an sxiot'.ng attic; to ar, ;_ >.ceesory dwelling unit by
the addition of a Kitd!; „n and located on the property at
420 N. Spring fi r -o,l hxrsed on tha fol':-ving conditions:
1. Applicant will ,r.=tovide actual -Is prior to the issuance of
any buildib:g p�rmi:s for the varifr atior. that the proposed
accessory dhra.11 "ng +xni`F m €=ets the rp;4.airemen4 of being not lose
than 300 nee s q ara feet a� d , T- more than 700 sq. ft.
2. Ppplia,�nt is riquitod to meet i'init.ion c® ac --essory dwelling
unit as per City code.
3. Prier to ^ ss ra,,.,cu of lany permits for conversion of
accessory dwell ±.n:, ,nitt applica - shall provide a deed restriction
to Housing for pp,cl' •c
a' to state ast the �accessery dwelling unit
shall meet t.e a ou °= f;:r such u,n: ts, most the
definition of ReeicNnt 0v upisc. .ni_"., a:ad La rented for periods of
six months or lon ar. ripen -ApprDval of arced restriction by
Housing, Appl.ie :n A0 W l re os sl tllne !agoi restriction with the
Pitkin Coun•_v. Clark rnu Recorders rffi v.
.icy . • • v
TO: Planning and Zoning Commission
FROM: Kim Johnson, Planner
RE: Hamilton Conditional Use Review for Detached Accessory
Dwelling Unit
DATE: January 11, 1991
SUMMARY: The Planning Office recommends approval of this
conditional use. This is the first detached accessory dwelling
unit to be processed under the newly adopted "Cottage In -Fill
Amendment ". Ordinance 60 Series 1990.
APPLICANT: Skip and Ruth Hamilton, represented by Al Beyer
LOCATION: 420 N. Spring (Lots 1 and 3 -7, Block 4, Oklahoma
Flats) The parcel size is 31,074 s.f.
ZONING: R -30
APPLICANT'S REQUEST: The applicant seeks Conditional Use
approval for an accessory dwelling unit detached from the primary
residence (above a garage).
PROPOSAL: The proposal calls for remodeling an attic over an
existing. garage to create an apartment of approximately 490
square feet. Please see Attachment " A " for site plan, floor plan
and elevation sketches.
RE FERRAL COMMENTS: The Housing Authority recommends approval of
this unit with the condition that prior to the issuance of any
building permits, the unit must be deed restricted as a resident
occupied unit with minimum lease periods of 6 months or longer.
Upon approval of the deed restriction by the Housing Authority,
the applicant shall record the restriction with the Pitkin County
Clerk and Recorder's Office. (Attachment "B ")
STAFF COMMENTS: Ordinance 60, approved in October 1990, provides
for Conditional Use review of accessory dwelling units detached
from the primary residences. This is the first application to be
considered under these revised land use code provisions.
Attached for your convenience is a copy of Ordinance 60. Please
keep it with your land use code for future reference.
Accessory Dwelling Units (Detached)
Section 5 -508 of the Land Use Code (along with amendments from
Ordinance 60) describes the required standards for accessory,
dwelling units. The�:.si) Z Slf the : pxopo.sed_ alit_• _ OD �. £.:) :fits
within the 300 -700 square-r fodil)r ?ang_b7i ads ttdzew!ro3ie oreWires FotiAs =rk' r,
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before, the unit must be deed restricted to resident occupancy
with minimum leases of 6 months or longer. Parking is not
required for studio or one - bedroom units. Section 508 A.3.
allows detached units to be placed above garages or carports.
Review standards for detached units are found in Section 5 -508 B:
1. The proposed development is compatible and subordinate in
character with the primary residence located on the parcel
and with deve opment ocate the neighborhood.
response: The garage and residence were recently constructed and
are compatible with each other. The conversion of the attic area
in the garage to a dwelling unit will not change the appearance
of the structure.
2. Where the proposed development varies from the dimensional
requirements of the underlying zone district, the Planning
and Zoning Commission shall find that such variation is more
compatible in character with the primary residence than the
development in accord with the dimensional requirements.
response: The existing garage structure complies with the
required setbacks of the R -30 zone district. No variances are
requested.
3. The Planning and Zoning Commission and the Historic
Preservation Committee may exempt existing non - conforming
structures, being converted to a detached accessory dwelling
unit, from Section 5 -508 B.2.(a -g) provided that the non-
conformity is not increased.
response: This standard does not apply.
4. Conditional Use Review shall be granted pursuant to Section
7 -304 Standards applicable to all conditional uses.
response: See the following information.
Conditional Use Review Standards:
A. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed
for development and surrounding land uses, or enhances the
mixture of complimentary uses and activities in the
immediate vicinity of the parcel proposed for development.
response: The neighborhood is comprised of single family homes on
fairly large lots. This garage apartment use enhances the
Hamilton's use of their property by allowing a resident
caretaker.
B. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects,
including visual impacts, impacts on pedestrian and
vehicular circulation, parking, trash, service delivery,
noise, vibrations and odor on surrounding properties; and
response: As the unit will be built into. an existing garage, no
further visual impacts will occur. Four parking spaces are
3
provided on site. The primary residence is a three bedroom home.
A studio or one bedroom accessory dwelling unit does not carry a
mandatory parking requirement.
C. There are adequate public facilities and services to serve
the conditional use including but not limited to roads,
potable water, sewer, solid waste, parks, police, fire
protection, emergency medical services, hospital and medical
services, drainage systems, and schools; and
response: All public services and utilities are provided for the
Hamilton residence and the others in the vicinity.
D. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by
the conditional use; and
response: This is a unit voluntarily provided to help add
affordable housing into the community. As the unit is 100% above
grade, the primary residence is eligible for a floor area bonus.'
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this chapter.
response: As a deed restricted unit, this will comply with
requirements of the Aspen Area Comp. Plan and other requirements
of the Land Use Code.
STAFF RECOMMENDATION: The Planning Office recommends approval of
the Hamilton Conditional Use for a 490 s.f. accessory dwelling
unit to be located above the detached garage with the following
conditions:
1. Prior to issuance of any building permits for conversion of
the accessory dwelling unit, the applicant shall provide a deed
restriction to the Housing Authority for approval. The
restriction shall state that the accessory unit meets the housing
guidelines for such units, meets the definition of 'Resident
Occupied Unit, and shall be rented for periods of six months or
longer. Upon approval of the deed restriction by the Housing
Authority, the applicant shall record the deed restriction with
the Pitkin County Clerk and Recorders Office.
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MEMORANDUM
Attachment "B"
TO: Kim Johnson, Planning Office
FROM: Yvonne Blooker, Housing
DATE: January 2, 1991
RE: Hamilton Conditional Use Review
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SUMMARY: Applicant requests conditional use approval for the
conversion off an existing attic space above a garage to an
accessory dwelling unit as per Section 7 -301 and 5 -508.
APPLICANT: Skip and Ruthis Hamilton
APPLICANT'S REPRESENTATIVE. Al Beyer
LOCATION: 420 N. spring Street, Aspen, Colorado, Lots 1, and 3 -7,
Block 4 Oklahoma Flats
LOT SIZE: 31,074 sq.ft.
ZONING: R -30
A REQUEST: Applicant requests approval to create an accessory
dwelling unit above a garage by the addition of a bath and kitchen
to an existing attic space.
Accessory Dwelling Units are an allowed conditional use which meet
the provisions of the amended Section 5 -508 which require that the
accessory dwelling unit shall not meet the minimum lot are per
dwelling unit requirements but, shall be subject to all other
dimensional requirements of the underlying zone district.
An accessory dwelling unit shall mean a separate dwelling unit that
is located within or attached to a principal residence, having a
entrance separate from the primary residence. The unit is to have
a entrance separate from the primary residence or a unit that is
detached from a principal residence shall be situate on the same
parcel. The unit is to contain not less than 300 sq. ft. and not
more than 700 sq. ft. of allowable floor area. The accessory
dwelling unit shall be dead restricted to Resident Occupancy and
shall not be a separate unit for density or sale purposes.
A detached accessory dwelling unit Shall only be permitted on
parcels that have secondary and or adle.y access, excepting parcels
with existing structures to be converted or detached accessory
dwelling unit, detached garages or carports where an accessory
dwelling un:Lt is proposed above, attached to, or contained within
NOTICE TO ADJACENT PROPERTY OWNERS
RE: HAMILTON CONDITIONAL USE REVIEW FOR AN ACCESSORY
DWELLING UNIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, January 22, 1991 at a meeting to begin at 4:30 pm before
the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room,
130 South Galena Street, Aspen, Colorado to consider an
application submitted by Ruth Hamilton requesting Conditional Use
Review approval for a 375 sq. ft. accessory dwelling unit to be
constructed over an existing garage located at 420 North Spring
Street, Lots 1, 3 -7, Block 4, Oklahoma Flats Subdivision, Aspen,
CO.
For further information, contact the Aspen /Pitkin Planning
Office, 130 S. Galena St., Aspen, CO 920 -5090.
s /C. Welton Anderson, Chairman
Planning and Zoning Commission
ASPEN /PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920 -5090
December 13, 1990
Al Beyer
Al Beyer Design
P. O. BOX 9665
Aspen, CO 81612
Re: Hamilton Conditional Use Review
Dear Al,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that this application is complete.
We have scheduled this application for review at a public hearing
by Aspen Planning and Zoning Commission on Tuesday, January 22,
1991 at a meeting to begin at 4:30 pm. The Friday before the
meeting date, we will call to inform you that a copy of the memo
pertaining to the application is available at the Planning
Office.
Please note that it is your responsibility to post the subject
property with a sign for the public hearing and to mail notice to
property owners within 300' of the subject property.
If you have any questions, please call Kim Johnson, the planner
assigned to your case.
Sincerely,
Debbie Skehan
Administrative Assistant
/
1- /i a /4., t44__
PROJECT:
CITY OF ASPEN
PRE- APPLICATION CONFERENCE SUMMARY
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APPLICANT'S REPRESENTATIVE:
REPRESENTATIVE'S PHONE:
OWNER'S NAME:
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SUMMARY �}
1. Type of Application: O ' W L*� b'u'
2. Describe action /type of development being requested:
aT CA
3. Areas is which Applicant has been requested to respond,
types of reports requested:
Policy Area/
Referral Agent Comments
4. Review is: (P &Z On ) (CC Only) (P &Z then to CC)
5. Public Hearing: (YES) (NO)
6. Number of copies of the application to be submitted: Z'
7. What fee was applicant requested to submit:
8. Anticipated date of submission:
9. COMMENTS /UNIQUE CONCERNS:
frm.pre_app