The URL can be used to link to this page

Home My WebLink Aboutcoa.lu.cu.934 W Francis St.1998 ~. t""'j MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Deputy Director of Community Development Mitch Haas, Planne~. 934 West Francis Street Conditional Use for Two (2) Accessory Dwelling Units (ADUs), and Variances from the Residential Design Standards - Public Hearing. Parcel ID 2735-123-0013 Jk' FROM: RE: DATE: September 15,1998 SUMMARY: The applicant is requesting Conditional Use approval to construct two (2) Accessory Dwelling Units (ADUs). The applicant owns Lots I and 2 of the Hower Subdivision Exemption (Lot Split approved via Ordinance Number 39, Series of 1997), and intends to construct a single-family residence with a corresponding ADU on each of the two lots. The proposed ADUs would be located above the garages along the alley and attached to the corresponding, primary residences. By providing the ADUs, the applicant would obtain a GMQS Exemption, enabling the property owner to construct the new residences pursuant to City Land Use Regulations. The applicant IS seeking FAR bonuses for each ADU pursuant to Section 26.40.090(E) as the ADUs are subject to conditional use review and approval by the Planning and Zoning Commission, will be deed restricted and registered with the housing office, and will be available for rental to eligible working residents of Pitkin County. It has been the uncodified policy of the Housing Office and the Planning and Zoning Commission to require mandatory occupancy of all ADUs for which FAR bonuses have been granted, but the owner would still retain the right to select the renter for the unit and set the rental rate. Community Development staff recommends that the Conditional Use and associated FAR bonuses for the two (2) Accessory Dwelling Units (ADUs) at 934 West Francis Street (Lots 1 and 2 of the Hower Subdivision Exemption Plat) be approved, subject to conditions. APPLICANT: Running Bear, LLC., represented by John Galambos (architect) LOCATION: 934 West Francis Street (Lots L, M, N, and 0, Block 3, City of Aspen and Part of the W 1/2 of Section 12, T JO S, R 85 W of the 6th P.M., County of Pitkin, State of Colorado) is located at the westerly end of and on the north side of West Francis Street. ZONING: Medium-Density Residential (R.6) CURRENT LAND USE: The two lots currently contain a split-level single-family house that straddles the adjoiningproperty line between Lots I and 2. The existing house would be demolished prior to the redevelopment of the site. LOT SIZE: Lot I of the Hower Subdivision Exemption Plat contains 6,735 square feet of land, and Lot 2 has an area of 6,000 square feet. The R-6 zone requires a minimum of 6,000 square feet per unit, and ADUs do not count as units of density. r.. .~ . ALLOWABLE FAR: Lot 1 has an allowable FAR of 3,331 square feet, and Lot 2's allowable FAR is 3,240 square feet. PROPOSED LAND USE: Two detached single-family residences where each of the two primary residences would have an associated Accessory Dwelling Unit. REVIEW PROCEDURE: Accessory Dwelling Units (ADUs) require conditional use approval by the Planning and Zoning Commission at a public hearing. It is a one-step review that requires notification to be published, posted and mailed in accordance with Section 26.52.060(E). The following sections of the code are applicable to this conditional use review: Section 26.40.090, Accessory Dwelling Units; Section 26.28.040, Medium-Density Residential (R- 6); Section 26.60.040, Standards Applicable to All Conditional Uses; and, Section 26.58.040, Residential Design Standards. Community Development Department staff reviewed this proposal against the Residential Design Standards and found that the submitted development application for both residences complies with the requirements of said section, with the exception of the "volume" standard as it applies to the east and north elevations of the house on Lot I (westerly house), and all four elevations of the house on Lot 2 (easterly house). The applicant is seeking a variance from this standard. The Commission will serve as the DRAC when evaluating this request. BACKGROUND: City of Aspen Ordinance Number 39, Series of 1997 approved a Subdivision Exemption for a Lot Split creating the two subject lots. Under the terms of this ordinance, both lots are required to mitigate for affordable housing pursuant to Section 26.l00.050(A)(2)(c) of the Municipal Code. The prior existence of a house on the property would have entitled one of the two new lots to a floor area credit that could have been put toward a cash-in-lieu payment; however, instead of building one ADU and paying cash-in- lieu for the other lot, the applicant has decided to construct two ADUs. Both of the currently proposed ADUs would be attached to the rear of the corresponding primary residences, above the garages. As proposed, the ADU on Lot 2 would contain approximately 423 square feet of net livable area, and the ADU on Lot 1 would contain approximately 416 square feet of net livable area. Thus, if FAR bonuses are approved, 212 square feet of the Lot 2 ADU's floor area would count toward the allowable FAR on its lot, and 208 square feet of the Lot 1 ADU's floor area would count toward the allowable FAR on that lot. Each of the two ADUs would have its own kitchen, bathroom, and access, as required by code. The proposed off-street parking for the ADUs would be located parallel to (along) the alley and on the corresponding lot, but separate from the driveways to the garages that serve the primary residences. By creating two ADUs meeting the provisions of the code, the applicant would be granted a GMQS Exemption for the c.onstruction of two new residences, provided the homes comply with the City Land Use Regulations. STAFF COMMENTS: Section 26.40.090, Accessory Dwelling Units The ADUs proposed on Lots 1 and 2 would contain approximately 416 and 423 square feet of net livable area, respectively (See Exhibit A). Both ADUs would be deed restricted, 2 ,......, ~. AGENDA ASPEN PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY, SEPTEMBER 15,1998,4:30 PM COUNCIL CHAMBERS, CITY HALL I. COMMENTS A. Commissioners B. Planning Staff C. Public n. DISCLOSURE OF CONFLICTS OF INTEREST m. MINUTES (07/21/98, 08/04/98,08/18/98) IV. PUBLIC HEARINGS 4:45-5:15 A. 934 W. Francis, Conditional Use for 2 ADUs, Mitch Haas 5:15-5:45 B. B.randing Group, ADU, Stream Margin, 270 North Spring 'Street, Chris Bendon V. NEW BUSINESS 5:45-6:15 A. 303 E. Main, Special Review for Trash, Amy Guthrie . . VI. ADJOURN NOTE: These times are approximate, and applicants should plan to be present approximately 1/2 hour prior to their case time estimated. 1"'""\ ,-, ~ ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 15, 1998 COMMISSIONER COMMENTS ..............................................................................................................................1 DISCI,OSURE OF CONFLICTS OF INTEREST ...................................................................................................2 MINUTES.....................................................................................................................................................................2 .?~4-.WE~1rmj(;NelS;t(jOND'/i'iijONAr:.tfsE.I"OR''FWO.ADVS:.;..;..;"..........,.............................;..,.....,..,.........,.2 270 NORTH SPRING STREET. BRANDING GROUP RESIDENCE CONDITIONAL USE FOR AN ADU. STREAM MARGIN REVIEW. AND WAIVERS OF ~ESIDENTIAL DESIGN STANDARDS (# 2737-073- 11-005) .......................................................................................................................................................................... 7 303 E. MAIN STREET - SPECIAL REVIEW FOR TRASH AREA.................................................................... 10 13 ~ ..-, ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 15, 1998 Sara Garton opened the regular Aspen Plarming and Zoning meeting at 4:30 p.m. Commissioners Bob Blaich, Steve Buettow, Ron Erickson, Sara Garton, Roger Hunt and Tim Mooney were present. Jasmine Tygre arrived at 5:00 p.m. and Tim Semrau was excused. City Staff in attendance were: Chris Bendon, Stan Clauson, Mitch Haas, Amy Guthrie and Julie Ann Woods, Community Development; David Hoefer, Assistant City Attorney; Jackie Lothian, Deputy City Clerk. COMMISSIONER COMMENTS Ron Erickson complemented staff on doing a great job. Sara Garton asked, as a citizen of the East End with the re-development potential, for a construction parking plan to be reviewed by PI arming & Zoning. She noted there were probably 30 pick-ups on Parkand Midland now. She said the construction workers vehicles have also disrupted RFT A .as well. Mitch Haas commented that Engineering was working on this parking plan. Stan Clauson stated the city policy for development in the commercial core, where paid parking. existed, was for those parking spaces occupied by a construction trailer or blocked out, were paid to the city; the lost revenue was reimbursed. He noted there was not an equivalent policy for areas in the city that do not have paid parking. Clauson said that Parking and Transportation would be asked for help. He noted a condition of approval could be added. Tim Mooney asked about the construction trailer in front of the ISIS again. Clauson said that trailer has a permit from Engineering for the duration of the steel bracing in front portion of the project. He said snow removalwon'tbe affected because it was windrow to the center ofthe street and not plowed to the edge. Mooney said with valet parking and the construction trailer, the center of the street was changed. He asked if this was considered when snow removal would be necessary. There was discussion of trailer placement. Roger Hunt inquired as to changing the valet parking to parallel. David Hoefer noted the parallel parking has been discussed. Mooney clarified the construction manager parked his vehicle on the empty tree lot. Bob Blaich again noted the very shiny and reflective silver pipes exposed at Waterplace and the approval was for a subdued look. Clauson mentioned this to David Guthrie and will check back with him. Jackie Lothian requested dates to for the commissioners to meet with council for lunch. All commissioners, except for Hunt, agreed to a Friday noon lunch. .~ ~~ ASPEN PLANNING &ZONING COMMISSION SEPTEMBER 15, 1998 Garton reminded commissioners of the Given Institute AACP update onlO/Ol/98. Clauson cordially invited the commissioners to the Elks Club on September 30th. DISCLOSURE OF CONFLICTS OF INTEREST Sara Garton disclosed speaking to Nick Lebby regarding the trash problems in the alley behind LaCocina. No other commissioners disclosed any conflicts. MINUTES Sara Garton complemented the minutes as well done. MOTION: Roger Hunt moved to approve the minutes of21 July, 4 August and 18 August, 1998. Bob Blaich second. APPROVED 6-0. PUBLIC HEARlNG: 934 WEST FRANCIS, CONDITIONAL USE FOR TWO ADUs David Hoefer, Assistant City Attorney, requested proof of notice be brought to the city clerks office by 5pm, Wednesday, 9116/98 with the understanding the hearing will be considered null and void, if the proper notice was not received. He stated, that in the future, if staff did not have proof of notice, the public hearing would not proceed. The applicant Dale Hower, was sworn in by the Deputy City Clerk, Jackie Lothian. Mitch Haas stated that neighbors had told him that they were notified. Hoefer asked when the notice was posted on the property, where the list of neighbors was obtained from and when the mailing occurred. Ms. Hower responded that was at least 3 weeks ago. She stated that neighbors also told her that notices were received. (Notice received by deputy city clerk on 09/16/98). Haas explained the request was for conditional use approval to construct 2 ADUs; one on each lot. The lot split was approved by city council last year. The proposed ADUs would be located above the attached garages along the alley. There would be a GMQS exemption for each house with approval of the ADUs and they requested the FAR bonus. Haas stated they were made aware there would be a condition of mandatory occupancy if the FAR bonus was granted. Haas noted the change in representatives. The Lot 1 ADU would contain a net livable 416 square feet and Lot 2 would be 423 square feet; the bonus would only 2 ~ /-. ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 15, 1998 count as '/2 of what would be counted in calculating the total FAR on the lot. Each ADD would have its own entrance off the alley. Haas stated the applicant also requested a series of variances from the residential design standards. He said it was made very clear to the applicant during the application process there was a choice ofDRAC for the volume variances or P&Z; one or the other, not both. If the one chosen did not grant the variances, there was no right to go before the other board afterwards. Haas circulated drawings with highlighted areas for the window volume variances. He said staff did not recommend approval for these variances on the east or west elevations; the windows could be re-designed to comply. The north elevation in the ADD had more than UBC required natural light and glazing areas; they were not necessary in terms of providing light. Haas said if the windows were rectilinear, they would comply. He said there was a no window zone of9' - 12' for rectilinear or orthogonal windows; the no window zone for non-orthogonal windows was from 9' - 15'. Staff recommended . the windows be re-designed to comply with the residential design standards. Haas stated the deed restriction for the ADDs would be required mandatory occupancy because the applicant was seeking an FAR bonus with a condition granting that FAR bonus. He said there would be a condition with lock-off doors between the ADDs and the main residence. He said condition #8 had to do with parking. There were conditions concerning the fencing and trees. Sara Garton inquired about referral agency comments. Haas replied that the city council did not want to see the referral agency memos; just to make the concerns part of the staff memo. He said the conditions reflected the concerns. Garton noted the land use commission needed to review engineering, housing, HPC, environmental health and fire comments if applicable. Bob Blaich questioned the memo statement on page 5 regarding the appeal decision making process. Haas clarified P&Z would be the board if they chose to go forward on the design standards review tonight; no other board would review. Ron Erickson inquired as to the enforcement of a qualified renter for the ADD. Haas replied that was part of the deed restriction. Hoefer stated a letter from the Attorney's office would be sent from a complaint. Erickson asked iftenants could be screened through the housing office. Haas said it would be the honor system to 3 ~ ~ ASPEN PI,ANNING & ZONING COMMISSION SEPTEMBER 15, 1998 send the tenant to the housing office. Scott Sambrowski commented the old housing rules applied. Garton stated that if aFAR bonus was granted; quid pro quo would be mandatory occupancy for the ADD. There was discussion ofthe FAR bonus; mandatory occupancy for the ADD and the conditions of approval. Chris Bendon clarified the existing Housing Guidelines reflected recommendation for approval with mandatory occupancy as a deed restriction for the FAR bonus. Roger Hunt said the legal lot split should entail 2 separate addresses instead of the 934 West Francis. Haas responded that legally they could be Lots 1 &2 ofthe Hower subdivision. Julie Ann Woods explained that at building permit, the addresses would be assigned. Sambrowski and Hower decided to pull the design standards from the P&Z meeting tonight. Haas explained prior to building permit, the designs would be submitted for Ordinance 30 review. If the designs would not comply, then a separate application would be required for that design review and a separate fee. The record reflects the design standards variance requests not part of any approval or reflected in the conditions of approval. Public Comments: Frances Pearce, 923 West Francis, stated concern for the parking pI:oblems in the neighborhood. She asked that no street parking be allowed from these 2 new houses; that all parking be contained on the lots. Haas said the parking was addressed with a 2 car garage per house; 1 parking pad per ADU accessed from the alley. He said any street parking would have the standard residential parking permits (1 per unit). Haas noted these parking spaces met the requirements. Kim Keilin, 939 West Francis, stated that notice was not received and would like to be notified in the future. She asked if it could be conditional to have one spot per bedroom. Haas said the site plan wouldn't allow that because ofthe trees. Keilin asked ifthe ADUs could be limited to one vehicle for each. Haas said there was a condition for one parking space per ADU on site to be indicated on the. final plat. Hoefer explained the city regulations had no authority to restrict parking on public streets. Keilin asked if contractors could park on 8th Street. Hower agreed about parking problems in the area and would request the contractor to park on 8th and obtain parking passes. 4 ~ 1"""\ ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 15, 1998 Lucy Talenfeld, 915 West Francis, said that she was also concerned about the parking. She said the alley would be open. Garton noted during the building permitproc~ss; the question could be posed, Sambrowski stated if parking could be in the alley they would take that opportunity; he' ll.check with the fire Marshall. Garton stated theADUs being occupied would be a benefit to the community to house people in the urban areas. MOTION: Roger Hunt moved to approve the conditional use request for the two (2) ADUs at 934 West Francis, Aspen finding the conditions provided by the city attorney's office have been met and with the following conditions: 1. Prior to the issuance of any building permits the applicant shall: a. Verify with the Housing Office that the net livable floor area of each Accessory Dwelling Unit will be between 3()O.and 700 square feet, and the units shall be totally private, having private entrances and. no rooms (i.e., mechanical rooms, etc.) that might need to be accessed by people in the prineipleresidences; b. Verify with the Housing Office that each ADU will contain a kitchen having a minimum of a two- burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer; c. Provide the Housing Office with a signed andrecorded Deed Restriction requiring mandatory occupancy, a copy ohvhich,mustbe obtained from the Housing Office, for each of the two ADUs; d. Clearly identify the Accessory Dwelling Units (ADUs) on building permit plans as separate one-bedroom units separated from the primary residences by lock-off doors of the variety typical of hotel suites (set of two adjoining doors); e. Provide a.minimum of one 8.5' x 20' on-site parking space for each ADU, and indicate these designated parking spaces on. the final plans; . f. Install any new surface utilities requiring -a pedestal or other above ground equipment on an easement provided by the property owner and not within the public rights-of-way; g. Locate any additional proposed construction, including trash facilities, in such a way that it does not encroach into an existing utility easement or public right-of-way; h. Agree to join any future improvement district(s) which may be formed for the purpose of constructing improvements in adjacent public rights-of-way; the agreement shall be executed and recorded concurrently upon approval of this application; i. Submit working drawings tp verify all height, setback, and floor area calculations, as well as lot size and lot area calculations; j. Complete and record a Sidewalk, Curb & Gutter Agreement; k. A tappermit(s) must be completed at the office of the Aspen Consolidated, Sanitation District; payment of the total connection charges shall be made prior to the issuance of a building permit; I.. If either building is found to contain 5,000 square feet or more of gross area, appl'ov~1 and installation of an automatic fire suppression system will be required; m. Verify that the proposed plans for the ADUs will comply with all UBC requirements including but not limited to those addressing natural light and ventilation standards, as well as sound attenuation walls between each ADU and the principal residences; and, n. Submit building permit drawings which indicate all utility meter locations; utility meter locations must be accessible for reading and may not be obstructed by trash storage. The plans must also indicate a five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow storage. 2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall: a. 5 ~, ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 15, 1996 Submit as-built drawings ofthe project showing property lines, building footprint, easements, any encroachments, entry points for utilities entering the property boundaries and any other improvements to the AspenlPitkin County Information Systems Department in accordance with City GIS requirements, if and when, any exterior renovation or remodeling ofthe property occurs that requires a building permit; and, b. Permit Community Development Department, Engineering and Housing Office staff to illspect the property to determine compliance with the conditions of approval. 3. In the event required, the applicant must receive approval from: The City Engineer for design of improvements, including landscaping, within puhlic rights-of-way; The Parks Department for vegetation species, tree removal, and/or public trail disturbances; The Streets Department for mailboxes and street cuts; and, The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights-of-way. 4. Prior to the issuance of any building permits, a review of any proposed minor changes from the approvals, as set forth herein, shall be made by the Planning and Engineering Departments, or referred back to the Planning and Zoning Commission. 5. The applicantshall provide a roofovethang or other sufficient means of preventing snow from faIling on both the stairwa.y leading to the doors and the area in front of the doors to theADUs; sufficient means of preventing icing of the stairway is also required. 6. Prior to the issuance of any building permits, any needed tree removal permit(s) must be obtaimidfrom the Parks DepartmentfOJ: any tree(s) that is/are to be removed or relocated (including scrub oaks of three (3) inches or greater); also, no excavation can occur within the dripline of the tree(s) to be preserved and nostorage of fill material can occur within this/these dripline(s). The applicant shall also make a good faith effort to preserve the trees numbered as 8, 13; and 14 on the Site Improvement Survey. 7. The site developmentolUst meet the runoff design standards of the Land Use Code at Section 26.88.040(C)(4)(t), and the building permit application must include a drainage . mitigation plan (full size - 24" x 36") and report, both signed and stamped by an engineer registered in the State of Colorado. 8. In the ilriveways that serve as access to the garages of the primary residences, only parallel parking shall be permitted, and standard head-in/out parking in these driveways is prohibited due to inadequate depth. 9. All fencing located forward of the front setback lines of both lots shall be visually permeable with a height 1I0t to exceed four (4) feet from finished grade, and shall allow for compliance with the open space requirements ofthe zone district. 10. The applicant shall receive an FAR bonus on each lot equal to 50% of the net livable area of the ADU on that lot. 11. All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of apprQval, unless otherwise amended by an entity having authority to do so. Bob Blaich second. roll call vote: Hunt, yes; Mooney, yes; Buettow, yes; Blaich, yes; Erickson, yes; Garton, yes; Tygre, abstain. APPROVED .6-0. 6 .-' ..-,., . ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 15, 1998 PUBLIC HEARING: 270 NORTH SPRING STREET, BRANDING GROUP RESIDENCE CONDITIONAL USE FOR AN ADD, STREAM MARGIN REVIEW, AND WAIVERS OF RESIDENTIAL DESIGN STANDARDS (# 2737':'073-11-005) Sara Garton opened the public hearing and requested proof of notice. David Hoefer, Assistant City Attorney, stated the affidavit met the requirements and the commission had jurisdiction to proceed. Chris Ben.don, Staff, explained the applicant was the Branding Group and they Were requesting Conditional Use approval for an Accessory Dwelling Unit, Stream Margin Review and variances to the "Volume" and "Garage Placement" elements of the Residential Design Standards. He said the property was located at 270 Spring Street, Oklahoma Flats Addition. Bendon illustrated the location on bluelines showing the comer lot with Bay and Spring Streets. Bendon noted the ADU was approximately 587 square feet, deed restricted to mandatory occupancy, to be located in a space above a proposed garage; a little larger than most units with a nice deck. The garage does not comply with the res.idential design standards because it was not set back. The applicant was seeking a FAR bonus for the ADU (in which 1/2 ofthe ADU counts toward the allowable FAR). Bendonexplained there were 2 ways to obtain the FAR bonus: CD the unit qualify as detached (the footprint cannot exceed 450 sf; separate from the main residence); or@ deed restrict for mandatory occupancy.' He stated that one of the two should be decided upon. Bendon noted staff recommended approval of the window waivers but not the garage wavier from the residential design standards. Garton inquired about the two curb cuts. Bendon replied that only one curb cut was allowed per property. He said Denise Reich provided some photos and a letter regarding the parking. Bill Poss, Steve Holly and Kristeen Rosenberg were present for the hearing and review. Poss, architect, agreed with the conditions; he requested the variances for the garage and windows. He explained the current 20' set back from the property line and 25' from the street edge; the ADU balcony would be above the garage. Poss utilized colored bluelines and photos of neighboring houses to illustrate his reason for the variances. He said Bay Street was not really a curb cut because there weren't any curbs, but in the future there may be curbs. Garton asked where the ADU parking was located. Poss said it would be located on that side of the 7 ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 15,1998 . h.ouse; there W.ould be a caretaker living in the unit. Bend.on stated this c.ommissi.on did n.ot have the auth.ority t.o grant the curb cut as a variance. P.oSS said the landscaping included some deciduous trees on the c.omer and .on the street line to soften the edge fr.om the setback. He stated there W.ould be a 3 'very open (rail) fence to define the property. Tim Mooney stated the neighborhood was eclectic; the movement .of the garage back would encroach on light tl1at W.ould enhance the living spaces. He c.omplimented the spirit .of the ADD and the house; he said the variances were justified. Mooney recommended the off street curb. cut. Bob Blaich stated the design was very good and this was setting a g.ood example. He supported what Mooney said. Steve Buettow stated the design de-emphasized the size of the garage; the building was carefully articulated. He asked to see a parking place f.or the ADD. Ron Erickson said that he had no problem with any ofthis but asked why a house C.ouldn't be designed to conform with the. c.ode so that the commission does not have to lo.ok at moving windows. Blaich agreed that there have been en.ough test cases for Ordinance 30 to apply or not apply. Poss replied that he was on the committee that created Ordinance30 and if the ordinance had to address every situation, it would be t.oO thick. Blaich n.oted there were some architects that come in .over and over to challenge the ordinance. He agreed with M.o.oney on the site specific applicati.ons for the variances. Mooney stated it was the client that drove the architect to request variances. Tygresaid that the volume standard was still not addressed successfully in the design standards. She did not find this design as objectionable as others in the area. . Hunt agreed. Poss said they wanted to add some trees outside the building envelope. Bendon stated that parks would have to approve what P&Z recommended. Discussions included proposed guest parking along the north side of the property which represents a second curb cut disallowed by the municipal code. Planning and Zoning C.ommission rec.ommended that upon the curbing and guttering of Bay Street the City should allow for a second curb cut for the property at this I.ocation. This disposition does not create a legal or vested right. There was .discussion of the conditions which were amended as stated in the motion. 8 ,-,. ~ ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 15,1998 . MOTION: Roger Hunt moved to approve the Conditional Use for a 587 square foot Accessory Dwelling Pnit, deed restricted to mandatory occupancy, to be located above a proposed garage, the Stream Margin Review, and the waiver of the "Volume" and "Garage Placement" elements of the Residential Design Standards are approved for the proposed Branding Group residence, 270 North Spring Street, with the following conditions: 1. Before the building permit application may be accepted, the applicant shall provide a current site improvement survey wet signed and sealed by a Registered Engineer or Land Surveyor. 2. The Plallningand Zoning Commission hereby approves the 587 square foot Accessory Dwelling Unit, as represented. The Zoning Officer shall measure half of the ADU's Floor Area as contributing to the maximum allowable for the parcel as the unit shall be deed restricted to mandatory occupancy. 3. Before issuance of a building permit, the Accessory Dwelling Unit shall be deed restricted and registered with the Housing Authority. Prior to issuance of a Certificate of Occupancy, the Unit shall be inspected by the Housing Authority or the ZoningOftlcerto ensure the unit was built in substantial conforman.ce with the permit plans and this Resolution. 4. The permit plans shall designate one on-site parking space for the Accessory Dwelling Unit which isuot stacked \lith a space for the primary residence. 5. The Planning and Zoning Commission hereby waives the "Volume" and "Garage placement" elements ofthe ResidentialDesign Standards for this project. Any substantial change to the proposed residence which necessitates an additional or different variance from the design standards shall require review and approval by the Design Review Appeal Committee, or any other board from which the project requires land use approval. 6. The building envelope for this parcel shall coincide with the zoning setbacks for this parcel. The top-of-slope does not occur Within the parcel boundaries. The front yard shall be measured from the Bay Street parcel line. No development may occur outside of this building envelope accept as represented on the proposed landscape plan. The applicant shall provide a landscape plan, with the building envelope shown, with the building permit set for review and approval. 7. The building envelope shall be barricaded to protect existing vegetation prior to issuance of a building permit. Adequate construction access should be placed to minimize disturbance to the existing vegetation but does not need to be barricaded. 8. All exterior lighting shall be downcast and not used to accentuate architectural or landscape features of the property. 9. The applicant shall, to the extent practical, coordinate the relocation of the cabin and smaller accessory structure with Denise Reich, neighbor. This condition shalllli!1 be construed to be a condition of this development proposal. 10. A tree remOval permitJrom the City Parks Department shall be required for the removal or relocation of trees as per Section 13.20.020 ofthe Code. 11. Prior to issuance of a building permit, the applicant shall complete a tap permit and shall pay all connection charges due to the Aspen Consolidated Sanitation District. The applicant shall connect the ADU to the sanitary sewer in a manner acceptable to the ACSD superintendent. 12. Prior to issuance of a building permit, the applicant shall obtain a permit from the Environmental Health Department for any certified woodstoves or gas log fireplaces (new coal- & woodburningfireplaces are not allowed). 13. Prior to issuance of a building permit, the applicant shall submit a drainage report and a drainage plan, including a erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation reportwiII be required to correctly size the facility. A 2 year storm frequency should be used in designing any drainage improvements. 14. Prior to issuance of a Certificate of Occupancy, the applicant shall provide a Floodplain Elevation Certificate, demonstrating the structure has been constructed according to requirements of 9 ~, .~ ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 15, 1998 building within the floodplain, to the City Engineer. 15. Prior to issuance of a building permit, the applicant shall comIllete and record an agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. 16. All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in any public right- of-way. Easements mlIst be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Meter locations must be accessible for reading and may not be obstructed. 17. The applicant must receive approval for any work within public rights-of-way from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 18. All co'nstruction vehicles, materials, and debris shall be maintained on-site and not withi.n public rights-pf-way unle.ss specifically approved by the Director of the, Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the 2 hour residential parking limitation of the area. The applicant shall inform the contractor pfthis condition. 19. The applicant shall. abide by all noise ordinances. C()Dstructi.on activity is limited to the hours between 7 a.m. and 10 p.m. 20. Before issuance of a building permit, the applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthollse Plaza Building. There is a per page re.cordation fee. In the alternative, the applicant maYPllY this fee to the City Clerk who will record the .resolution. 21.. AU material representations made. by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and. co,nsidered conditions of approval, unless otherwise amended by other conditions. Jasmine Tygre second. APPROVED 7-0. Roger Hunt excused himself at 6:15 p.m. NEW BUSINESS: 303 E. MAIN STREET - SPECIAL REVIEW FOR TRASH AREA Amy Guthrie explained the review process went back to early 1996 with the requirement of a lO'x20'xlO' trash area reduced in height to 8'on the first floor of the tower. She said subsequently the project was built and the tenant, Matsuhisa, utilized the entire first floor of that area for dry and cold food storage. She said this has prevented them from receiving a certificate of occupancy. Gtlthrie, stated the proposal for the trash storage area was about one quarter of what was the required trash area. There was a dumpster in this area (to be emptied daily) forMatsuhisa, the retail space, old Bacchus.space and the apartment. ShecSaid there was a signed agreement with the Howling Wolf for trash disposal. Guthrie stated there were safe-guards in the conditions for the approval. Steve Buettow recalled that the Howling Wolf came in a number of years ago for a reduction in their trash area, which would make the area inadequate. 10 ~ .-. ASPEN PLANNING & ZONING c;OMMISSION SEPTEMBER 15, 1998 . Jeffrey Hafferty, representative for the applicant, stated they had met with the environmental ranger on trash requirements. He said they have placed a larger trash container at the Wolf. David Hoefer stated that they will be made to comply with all city ordinances regarding trash. Jasmine Tygre inquired about the tenant to replace Bacchus with regards to trash generation. Roget Kuhn stated there has been inquiry into that space, but no one has leased. . Tygre inquired about the garage doors. Guthrie answered those were not designated parking areas but the storage area already mentioned. Hafferty stated after meeting with Betsey Kipp, Environmental Health, they agreed to meet the fire code and trash storage requirements. Tim Mooney expressed adding a condition withregards to the trash stQrage for the term of the lease for Matsuhisa, SQ it would not roll over to the new tenant with different trash needs. Garton stated there were problems with.this requests because the parcel had constraints, which had to met by the landlord. She noted that trash would have to be carried past another restaurant (LaCocina) in order to be placed in . the Howling Wolf dumpster. Garton said there could be adjustments made to the building to provide trash removal; the restaurant located at the end of the alley should be the collection spot for trash. Erickson asked how condition #8 would be enforced. Garton asked if the business license could be tracked through the City computer software program. The answer was that the Software was not capable. Hafferty stated the otherrestaurants had non-proper trash storage containment. Garton asked if Howling Wolf would be used for over flow trash only or everyday, Hafferty said all trash from the building, not just Matsuhisa, was stored in the Matsuhisa trash area; the reason the Howling Wolf dumpster was to be used. Roget Kuhn stated the design his father wanted included the trash area inside. He said they were trying to support the tenant in the storage request. Hafferty said there was a larger mechanical room where the dry storage space was supposed to go in the basement; the dry storage was now located in that trash storage area. Blaich recalled the P&Z hearings with a not favorable history of the project. He said the original agreement should be kept. Charles Fagan, attorney for Matsuhisa, stated the original design showed the storage area (garage) with both bays open; 11 ~ ,~ ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 15,1998 during construction there were basic physical plan engineering problems resulting in 1/2 of the western bay being used for mechanical and venting. . Fagan said the restaurant needed that area for dry storage and were trying to make the best of a bad situation. Garton stated there were changes that needed to be made in order to make it work and would stay with the 1996 approval. MOTION: Tim Mooney moved to approve Special Review for Trash Area at 303 E. Main Street with the following conditions: 1. The on-site trash storage area shall be as shown in either Scheme A or B, as shown on Exhibit C and as reviewed by the Planning and Zoning Commission on September 15, 1998. 2. The attached agreement with the Howling Wolf must be signed and recorded with the City Clerk's office within 15 days of this approval. 3. The separation wall between the trash area and food storage area shall meet the requirements of the Environmental Health Department. Environmental Health must also confirm that Matsuhisa will still have adequate cold food storage with the dedication of some of the existing area to trash storage. 4; The Fire Department must confirm that the sprinkler system is adequate. 5. In transportiIig their garbage from 303 E. Main Street to the Howling Wolf, Matsuhisa, or any other tenants of 303 E. Main who may participate in the trash agreement with the Howling Wolf, are responsible for picking up items that fall to the ground. Failure to do so will result in a notice of violation from the City's Environmental Ranger and his recommendation that the trash storage revert to the approval as granted in 1996. 6. No fewer than five 90 gallon residential type trash containers, 01' aneqllivalent size dumpster will be placed in the on-site trash storage area and pick up for trash will be on a daily basis, as represented by the applicant. 7. At such time as a compactor is installed in the alley, the owner and tenants of 303 E. Main Street will be required to participate in that program. 8. If the agreement with the Howling Wolf becomes invalid before a compactor is installed, and no other similar agreement is in place within 10 days, this approval will be nullified and the applicant must modify the trash storage area on the site to the configuration originlllly approved in 1996. 9. All material representations made by the applicant shall be considered conditions of approval. Ron Erickson second. ALL AGAINST. MOTION DENIED 6-0. Meeting adjourned at 6:50 p.m. ao~, ~otW~ Cl"k 12 r-- ~, MEMORANDUM TO: Mitch Haas, City Planner FROM: Sara Thomas, Zoning Officer RE: 934 West Francis Street, Conditional Use Review for two ADU's DATE: September I, 1998 ------------------------------------------------ ------------------------------------------------ Lots I and 2 of the Hower Lot Split at 934 West Francis Street are located in the R-6 zone district. Per the Hower Subdivision Exemption Plat, Lot I contains 6735 square feet and has an allowed floor area of 333 I square feet. Lot 2 contains 6000 square feet and has an allowed floor area of 3240 square feet. Each lot has the following dimensional requirements: Lot I Lot 2 Setbacks: Front Yard 10 feet Rear Yard 10 feet Combined Front/Rear 30 feet Side Yard 5 feet Combined Side Yard 18 feet 10 feet 10 feet 30 feet 5 feet 15 feet Site Coverage: 37.5% (2525 sq. ft.) 40% (2400 square feet) The proposed site plans appear to conform with the setback and site coverage requirements. I am not able to verify floor area or height calculations at this time, as the application packet does not contain adequate information for this level of review. All dimensional requirements will be verified at time of building permit application. I"" /~ meeting the housing authority's guidelines for resident occupied units, limited to rental periods of not less than six (6) months in duration. The owners of the principal residences will retain the right to set the rental rates and select a qualified employee(s) of his/her choosing in their ADU. One (I) off-street parking space will be provided on-site for each ADU, and will be accessed from the alley. Therefore, the proposal complies with the requirements of Section 26.40.090(A)(I). Pursuant to Section 26.40.090(A)(2), the development, including the ADUs, is subject to all of the dimensional requirements of the underlying zone district, Medium-Density Residential (R-6). All of the dimensional requirements will be met, including those associated with floor area, height, site coverage, and setbacks. Since the ADUs would be attached to the primary residences, Section 26.490.090(A)(3) is not applicable. Section 26.40.090(A)(4) states that "an attached accessory dwelling unit shall utilize alley access to the extent practical. " The proposed ADUs and their parking would be accessed from the alley at the rear ofthe lot. Section 26.40.090(B), Development Review Standards, requires' that "the proposed development be compatible with and subordinate in character to the primary residence located on the parcel as well as development located within the neighborhood, and assuming year-round occupancy, shall not create a density pattern inconsistent with the established neighborhood" The proposed ADUs would not be overtly distinct in terms of external appearances as they have been designed to appear as part of the primary residences (houses) with the exception of a stairway from the ground level at the rear of the structure; thus, they will be compatible with and subordinate in character to the primary residences. This property is located in an established residential neighborhood which is, for the most part, made up of single family residences, many of which have attached or detached accessory dwelling units associated with them, and multi-family residences. The proposed ADUs will be compatible with the character of the existing neighborhood and will not create a density pattern incompatible with that already established in the area. Section 26.60.040, Standards Applicable to All Conditional Uses Pursuant to Section 26.60.040, a development application for a conditional use approval shall meet the following standards: (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. The stated purpose of the R-6 zone district "is to provide areasfor long term residential purposes with customary accessory uses ' . , Lands in the Medium-Density Residential (R-6) zone district are generally limited to the original Aspen Townsite, contain relatively dense settlements of predominantly detached and duplex residences, and are within walking distance of the center of the city," The proposed ADUs would be in harmony with the purpose of the R-6 zone district since they would provide for long-term residential use (or . customary accessory use), be located within the original Aspen Townsite, be within walking distance of the center of the city, and be in close proximity to transit (the 8th Street bus stop is one block away). ADUs are allowed as conditional uses in the R-6 zone district. 3 ,,-, ~ One of the stated themes of the AACP with regard to "revitalizing the permanent community" is to "increase resident housing." Also, the proposal is consistent with the following purposes, goals, objectives and standards of the AACP: . "Promote, market and implement Cottage Infill and Accessory Dwelling Unit programs;" . "Develop small scale resident housing which fits the character of the community and is interspersed with free market housing throughout the Aspen Area and up valley of Aspen Village;" and, . "The public and private sectors together should develop . . . employee-occupied accessory dwelling units, to achieve the identified unmet need to sustain a critical mass of residents." Staff finds that this conditional use application for two ADUs complies with Section 26.60.040(A). (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 activities in the immediate vicinity of the parcel proposed for development. The subject parcel is surrounded by residential uses, some of which have associated accessory dwelling units, and the proposed ADUs would be both consistent and compatible with the existing residential development in the immediate vicinity. Also see the last paragraph of the Section 26,40,090, Accessory Dwelling Units portion of this memo, above. (C) 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, As mentioned earlier in this memo, the proposed ADUs would appear as part of the principal residences; thus, their location, size and design will minimize any potential adverse visual impacts. Like all of the surrounding properties, the ADUs' parking and trash service would be accessed from the alley at the rear of the property. No noise, vibration, or odor related impacts are anticipated. The proposed ADUs would operate like any other residence or ADU found in the neighborhood. The anticipated impacts should be negligible. (D) 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. There are adequate public facilities and services to serve the proposed uses. The structures would be within an existing, well-established neighborhood. (E) The applicant commits to supply affordable housing to meet the incremental needfor increased employees generated by the conditional use, While the proposed development of two ADUs would not generate an increase in the employment base, the applicant will be supplying ADUs which, pursuant to Section 26.40.090(A)(1), will be deed restricted, registered with the housing office, and available for rental to eligible working residents of Pitkin County for periods of not less than six months in duration, thereby serving the 'need for increased affordable housing in the City of Aspen. 4 , ,-,., , , '-', , As the applicant is requesting FAR bonuses with each ADU, occupancy would be mandatory with the caveat that the owner would still retain the right to set the rental rates and select the renter provided the renter qualifies under the rules and regulations of the Housing Authority. (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 title. The proposed conditional use will comply with all additional standards imposed on it by the AACP and by all other applicable requirements of the Municipal Code, such as those contained in Section 26.58.040, Residential Design Standards, unless variances are granted by the Commission. Section 26.58.040, Residential Design Standards The proposed designs of the 934 West Francis Street Residences were reviewed by staff against the Residential Design Standards of Section 26.58.040, Staff found the proposed designs to comply with all but one of the design standards, namely standard 26.58,040(F)(12), Volume, This standard requires that there be no windows in any areas of the first or second floors that lie between nine (9) and twelve (I2) feet above the height of the floor plate, and non"orthogonal windows in any areas that lie between nine (9) and fifteen (I5) feet above the height of the floor plate. As proposed, the east and north elevations of the house on Lot I (westerly house), and all four elevations of the house on Lot 2 (easterly house) contain violations of the volume standard. On Lot l' s house, there is one small square-shaped window in a gable end of the east elevation, and two small square-shaped windows in the gable end of the north elevation that violate the window standard. On Lot 2's house, the following violations of the volume standard are proposed: on the east elevation, one set of windows in the gable end and another in the dormer; on the west elevation, the sets of windows in both dormers and the set in the gable end; on the north elevation, the set of windows in the gable end; and, on the south elevation, the sets of windows in both gable ends. Under the language of the volume penalty, the applicant is left with three (3) options once it is determined that the proposed design does not comply: first, the applicant can choose to redesign the proposal to comply with the standard; next, the applicant can appeal staff's finding to the Design Review Appeal Committee or other appropriate board; lastly, the applicant can choose to accept a floor area penalty which would double the floor area in those spaces visually accessed though the non-conforming windows. The applicant has chosen to appeal staff s finding to the Planning and Zoning Commission in an attempt to obtain a variance. If a variance is to be granted, it would have to be based on one of the following three criteria: (a) the proposed design yields greater compliance with the goals of the Aspen Area Community Plan; or, (b) the proposed design more effectively addresses the issue or problem the given standard responds to; or, (c) a variance is clearly necessary for reasons of fairness related to unusual site specific constraints. According to the pending revisions to the Residential Design Standards, the purpose/intent of the "Volume" standard "is to ensure that each residential building has streetj'acing architectural details and elements which provide human scale to the facade, enhance the 5 . ,.-.,. .~ walking experience, and reiriforce local building traditions." Although pending code amendments do not hold any force in the review of current applications, staff felt this information might be helpful in understanding the issues/concerns that the volume standard attempts to address. Since the proposed design does not yield greater compliance with the Aspen Area Community Plan, if the requested variances are to be justified, it would need to be on the grounds that either the proposed design is necessary for reasons of fairness related to unusual site specific constraints, or the proposed design more effectively provides street-facing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions than would a design that meets the exact letter of the "Volume" standard. The following paragraphs discuss the requested variances relative to the variance standards, and are organized by house and elevation. Lot I (Wysterly House): The proposed design for the Lot 1 house contains "volume" standard violations on its east and north elevations only (the south and west elevations comply as proposed). The east elevation would face the house on Lot 2, and the north elevation would face the alley. On the Lot I house, there is one (I) small square-shaped window in a gable end of the east elevation, and two (2) small square-shaped windows in the gable end of the north elevation that violate the window standard. The noncomplying windows on the east elevation have an area of four square feet (2' x 2'), and the subject windows on the north elevation are a side- by-side set of the same type of windows (2' x 4' = 8 sq. feet). The windows on the north elevation would provide the ADU with eight (8) extra square feet of light, but the complying windows would already provide the ADU with almost 140 square feet of glazing. The window on the east elevation, would provide extra light to a stairway (as opposed to livable space) that would already include some sixty (60) square feet of complying glazing. Staff does not find any reasons of fairness related to unusual site specific constraints that would make it impractical or impossible to comply with the volume standard. Thus, staff feels that the only possible justification for the requested variances would have to be based on the proposed designs more effectively providing street-facing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions than would a design that meets the exact letter of the "Volume" standard. Since the elevations for which variances are requested would be only slightly visible, if at all visible, from the Francis Street right-of-way (street-facing elevation) and the elevations that would be visible comply with the standard, staff is of the opinion that the proposed design effectively provides street-facing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions without the variances, Hence, staff believes the applicant should be held to the letter of the standard and made to redesign the non-complying elevations in order to meet the standard. Lot 2 (Easterly House): The proposed design for the Lot 2 house contains "volume" standard violations on all four of its elevations. Specifically, the following violations of the volume standard are proposed: on the east elevation, one set of windows in the gable end and another in the dormer; on the west elevation, the sets of windows in both dormers and the set in the gable end; on the 6 ~. ,r-" north elevation, the set of windows in the gable end; and, on the south elevation, the sets of windows in both gable ends. The violating windows of the east elevation are similar to two of those discussed in reference to the Lot 1 house. Each set of noncomplying windows on the east elevation have an area of roughly eight square feet (2' x 4'). The windows in the dormer would provide the ADU with eight (8) extra square feet of light, but the complying windows would already provide the ADU with over 120 square feet of glazing (all sides combined). The set of windows in the gable end would provide extra light to a stairway (as opposed to livable space) that would already include some forty-eight (48) square feet of complying glazing on the same level. Thus, staff concludes that the noncomplying windows of the east elevation are not necessary for reasons of fairness, nor do they more effectively provide street'facing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions than would a complying design. The noncomplying windows of the west elevation are of the same nature as those described in reference to the east elevation, except that none of these would be in a stairway. The windows located in the dormer closer to the front of the house could easily be redesigned to comply with the volume standard by making the top straight, as opposed to the proposed arch-shape. These windows do not comply simply because they are non-orthogonal, but if they were made to be rectilinear, the violation would be eliminated. The other non- complying windows of the west elevation are superfluous and do not meet the standards for a variance. Staff recommends that the west elevation be redesigned to eliminate all volume violations. The north elevation contains one set of three non-complying, non-orthogonal windows. These windows would provide the ADU with approximately thirteen (13) extra square feet of light, but the complying windows would already provide the ADU with over 120 square feet of glazing, which is more than adequate to satisfy the natural light requirements. Only 43 square feet of glazing are needed to meet the UBC requirements for natural light. The south, street-facing elevation contains two sets of non-complying, non-orthogonal windows. A desire to maximize views of Aspen Mountain is not in any way a constraint. It is not necessary for someone sitting in the furthest corner of a room to have unobstructed views, when these views would be unobstructed to one standing at the complying windows. Having these non-complying windows would not, in staffs opinion, more effectively provide street-facing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions than would a design without the variances. Hence, staff believes the applicant should be held to the letter of the standard and made to redesign the non-complying elevations in order to meet the standard. STAFF FINDINGS: Based upon review of the applicant's land use application and the referral comments, Community Development' staff finds that there is sufficient information to support the Conditional Use request with conditionS. With the recommended conditions of approval, the proposal meets or exceeds all standards applicable to the review of Accessory Dwelling Units as conditional uses. With regard to the Residential Design Standards, staff does not believe the requested variances meet any of the criteria necessary for approval, and as such, the applicant should be made to redesign the glazing to comply with the letter of the volume standard, 7 . ~~ ,.-,. , . '! RECOMMENDATION: Community Development staff recommends that the conditional use request for an Accessory Dwelling Unit on Lot I and another on Lot 2 of the Hower Subdivision Exemption (Lot Split) at 934 West Francis Street be approved with the following conditions: I. Prior to the issuance of any building permits the applicant shall: a. Verify with the Housing Office that the net livable floor area of each Accessory Dwelling Unit will be between 300 arid 700 square feet, and the units shall be totally private, having private entrances and no rooms (i.e., mechanical rooms, etc.) that might need to be acces~ed by people in the principle residences; b. VerifY with the Housing Office that each ADU will contain a kitchen having a minimum of a two-burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer; c. Provide the Housing Office with a signed and recorded Deed Restriction requiring mandatory occupancy, a copy of which must be obtained from the Housing Office, for each of the two ADUs; d. Clearly identifY the Accessory Dwelling Units (ADUs) on building permit plans as separate one-bedroom units separated from the primary residences by lock-off doors of the variety typical of hotel suites (set of two adjoining doors); e. Provide a minimum of one 8.5' x 20' on-site parking space for each ADU, and indicate these designated parking spaces on the final plans; f. Install any new surface utilities requiring a pedestal or other above ground equipment on an easement provided by the property owner and not within the public rights-of- way; g. Locate any additional proposed construction, including trash facilities, in such a way that it does not encroach into an existing utility easement or public right-of-way; h. Agree to join any future improvement district(s) which may be formed for the purpose of constructing improvements in adjacent public rights-of-way; the agreement shall be executed and recorded concurrently upon approval of this application; i. Submit working drawings to verify all height, setback, and floor area calculations, as well as lot size and lot area calculations; . j. Complete and record a Sidewalk, Curb & Gutter Agreement; k. A tap permit(s) must be completed at the office of the Aspen Consolidated Sanitation District; payment of the total connection charges shall be made prior to the issuance of a building permit; I. If either building is found to contain 5,000 square feet or more of gross area, approval and installation of an automatic fire suppression system will be required; m. Verify that the proposed plans for the ADUs will comply with all UBC requirements including but not limited to those addressing natural light and ventilation standards, as well as sound attenuation walls between each ADU and the principal residences; and, n. Submit building permit drawings which indicate all utility meter locations; utility meter locations must be accessible for reading and may not be obstructed by trash storage. The plans must also indicate a five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow storage, 2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall: a. Submit as-built drawings of the project showing property lines, building footprint, easements, any encroachments, entry points for utilities entering the property boundaries and any other improvements to the Aspen/Pitkin County Information Systems Department in accordance with City GIS requirements, if and when, any 8 f~ r--" exterior renovation or remodeling of the property occurs that requires a building permit; and, b. Permit Community Development Department, Engineering and Housing Office staff to inspect the property to determine compliance with the conditions of approval. 3. In the event required, the applicant must receive approval from:' . The City Engineer for design of improvements, including landscaping, within public rights-of-way; . The Parks Department for vegetation species, tree removal, and/or public trail disturbances; . The Streets Department for mailboxes and street cuts; and, . The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights-of-way. 4. Prior to the issuance of any building permits, a review of any proposed minor changes from the approvals, as set forth herein, shall be made by the Planning and Engineering Departments, or referred back to the Planning and Zoning Commission. 5. The applicant shall provide a roof overhang or other sufficient means of preventing snow from falling on both the stairway leading to the doors and the area in front of the doors to the ADUs; sufficient means of preventing icing of the stairway is also required. 6. Prior to the issuance of any building permits, any needed tree removal permit(s) must be obtained from the Parks Department for any tree(s) that is/are to be removed or relocated (including scrub oaks of three (3) inches or greater); also, no excavation can occur within the dripline of the tree(s) to be preserved and no storage offill material can occur within this/these dripline(s). The applicant shall also make a good faith effort to preserve the trees numbered as 8, 13, and 14 on the Site Improvement Survey. 7. The site development must meet the runoff design standards of the Land Use Code at Section 26.88.040(C)(4)(t), and the building permit application must include a drainage mitigation plan (full size - 24" x 36") and report, both signed and stamped by an engineer registered in the State of Colorado. 8. In the driveways that serve as access to the garages of the primary residences, only parallel parking shall be permitted, and standard head-in/out parking in these driveways is prohibited due to inadequate depth. 9. All fencing located forward of the front setback lines of both lots shall be visually permeable with a height not to exceed four (4) feet from finished grade, and shall allow for compliance with the open space requirements of the zone district. 10. The applicant shall receive an FAR bonus on each lot equal to 50% of the net livable area of the ADU on that lot. II. All proposed glazing on both structures shall comply with the provisions of the Residential Design Standards. 12. All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by an entity having authority to do so. RECOMMENDED MOTION: "I move to approve the conditional use request for the two (2) proposed Accessory Dwelling Units at 934 West Francis Street with the conditions outlined in the Community Development Department memo dated September 15, 1998." EXHIBITS: "A" - The submitted Land Use Application 9 ~. .--=----. ~ w '" '" 0 0 ./ C m ~ '" =~ ~ ~~ i~ :; ~'\3 ~ "0 ./ OW "- Ii'", cO ~ -,,-, ./ ~ ~ @ ~~ 0 !~ ~ ~ )> :z ~ 0 "m n 'Co "Vl n C ~Vl ~ \ll > b -; -; '- != c m ~ m <=> ~Z ,... ,... .CD m m - ~O ;: ;: /~ CD ~ CD <D :::J -; ;;$ :J: - en 0 0 '" m Z Z ~ ,... m ;: -; - 0 Z NOT FOR CONSRTUCTION t!!! !!! ~ 1$ rnC'$"~ ~ i )>~~ ~~ II I~ (I)....., : I -h- ~ ~c ~:g m ~ ,... ~ m ,... -C s: Z ..... ~ - ,- I;) _'C ~~ ~ ...g'fk \ '%:- t::. -8 \ IJl Co () >lJ\d ~ ;;:: ;p ~~ .4~ t'\> r -U'l iO c -; :I: m ,... ~ ~ - o z U' H l' . ;e "" V> ." zt> ~!=l c c' ~ '" r- m RUNNING BEAR, LLC BLACK BEAR LOTS N AND 0, BLOCK 3, ASPEN, COLORADO -,... iO ~ m ~ ,... m < m ,... -C s: Z r I I \ I ~~ ~> - Z . . '.r- ~ z . ~ o m' ~~ I . . ~ ,..~))j @! I ___~ ~ aa )> CHARLES CUNNlFFE ARCHITECTS ~ ~ ~ S10 EASl'HYMAN AVE.t SUl11: 301 " AS1'fN.CO BUm " raE:'10925-5590 tFAX:970925-5076 ~c ~::g rn ;;c r- ~ rn r">'"~- '"'C s: Z ,.,~.'..~ ~-- 'l ~~ i~ ~rn i> ~ P -I != rn rn ~z r- r- ~O rn ~ ~ ~ 1'""\ -I -I :c - - 0 0 rn Z Z r- rn ~ ::! 0 z ~U) ~r- :0 iO r "c I -I ~ I :c rn I ;;c rn r- r- ~ rn ~ rn r- I -I '"'C - 0 s: z z i$ - z ~ z ~iOi f3t ; -I . :!:l '" '" ." zi> !:!IP c ~. ~ i~ NOT FOR CONSRTUCTION II :EOI ~~ I i m -\~ ~ I ~ ~r- i I RUNNING BEAR, LLC BlACK BEAR CHARLES CUNNIFFE ARCHITECTS PO WI' HYMAN AVE.' Sl.IllE :JOI'ASf'I:N,CO 8lm'lm:97D!D5-6S!JO' fAX:97092H075 LOlS N AND 0, BLOCK 3, ASPEN, COLORADO ~~ . . . MAY-~-1998 16: ~ =ROM ;:;SPEN/? liK I N ':eM DE') !"",. TO LAND USE APPUCATlON PROJECT: ro.. . I 9-"0497S0 ?11l9 Name: ~i":.~'" Uc... '13""""... ~ qoo.ooI "l~d.- -se..... Lc=on: "!~4.N. ;;,....c.i'S c.,t L.1AA. (~_1,_) ,/.>j..^,'~O(f(u.r.S."':'> ?>!<.4c. > (Indicate street address, lot & block number,leW description where appropriate) APPUCANT: Name: ~"";"""" -;....... Lc...'- "" Address: 4;"1'\:; -fl.,)1 ~L , Ao;,pe.\, Co ~I'l! Phone it. <9Z,S-" $17., REPRI!SeNTATIV!: Name: ""1:,1-. €I...""","\""" ~- c.r........ !~.s c.."'....~ 4;.d..;;'~ Address: ","'Z..:> ~ Y<.7-..... ..;...;lre..:;ol ,A,,_, c,.. $/{,II Phone#: "lU-j?"7o ~... '1'" 4>-Q1';o TYPE OF APPUCATION: (please check all that apply): I er Conditional Use 0 Conceptual PUD I 0 S~ial Review 0 Fmal PLlJ (& Pt.'D Amendrrumt) I 0 Design Review Appeal 0 Concep1llll! SPA :J GMQS Allotment 0 Final SPA (& SPA Amendment) L.J GMQS :Exemption 0 Subdivision n ESA - S040 Greenllile. StteaIlI 0 Subdivision Exezr.pticn (includes Margin. Hallam Lake Bluff. COndominiumizaticn) :'vlO1.1lltain View Plane o La! Split ....., Lot Line Adjustment o o Temporary Use Text/Map Amepdment !xISTING CONDITIONS: (dcscri 'on of existin ;;\o<'s+t~ _t,\- J......d ~~1-0 h.. <5e"~-e~ .~ 1'1'11 o Conceptuall:lislOric Deve. o F'mal Historic Development o Minor HislOIic Deve. o Historic Demolition o Historic Designation o Small Lodge Conversioal Expansion o Orller: ~~.."c ~ 3' uses, modifications. etc.) 'Z. ~ ~,~~"'-C.~) s..e. 1'!.....s. j !AI i1\..... 'Z. ~-llc..c.W A1) u s . Have you attached the folloWing? o Pre-Application Conference Sl\JIlIIW'Y o Attachment #1. Si~ Fee Agreement . 0 Response to Attachment #2, ])imensionaJ Requirements Form o Response to Attaelunent 13, Mlnimnm Submis~onContenlS o Response to Attachment #4, SpecifIc Submission Contents o Response to Attachment #5. Review Standards for Your Application Fes DUE: $ "IZ-S "t . , MAY-26-1998 16: 28 FROM ASPEN-PITKIN COM DE') t"""'. TO .~ 9-"'1349750 o. .:.2 ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FoRM Project: Applicant: Location: Zone District: Lot Size: Lot Area: ~....;~ ~. U..'-- (g,.,..... '1?_... ~ ~ ~ e.._,~... ~ /.J...t;.. 'h~ -d ';:;"~l!> L..<.. t.. ~M "'-..) /.1M> N";o , ~':'eJc... 3' f:.'(' ,:; , Cot;;'" ~. (15-0--11....... wu.~ ~.;,-':> ~.""" Th{fl.w..,,--~,.ft.."') ~. -;0; r il FA lZ- 3-z.$o ill FA-a:,. (fer the purposes of calculating Floor Area, Lot AIea may be reduced for areas within the lugh water mark, ~~emenL~. and Sleep slopes. Please refer to the definition of Lot Axea in the Municipal Code.) Commercial net leasable: Number of residential uDits: Number of bedrooms: E:cisting: E:m1in8: Exisllng: Proposed: Proposed: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: f...t -;, z,'bo ;,t.~o Floor Area: Exisrlng: A.ilow~:' 3, ; '5 I Pmposed: ;,7;/ Principal bldg. height: Exisring: A.ilowable: Z-Sl Proposed: ZS' Access. bldg. height; Exisring: Allowable: .A)/f/Ir- Proposed: N/~ On-Site parking: Exisrlng: Required: -; ~I Co+ Pruposed: '1 "".. 1.+ % Site covcr.lge: Exisrlng: Required: .-JI", Proposed: % Open Space: Existing: Required: ;VIA Proposed: Front Setback: Exisling: Required: ;:',.. , Proposed: z.,' to . t~ Rear Setback: Exisrlng: Required: Proposed: Combined FIR: Exisrlng: Required: ';0' Proposed: '1>' Side Setback: Exjsllng: Required: .;-' Proposed: S-' Required: He-+-) tAc_g Side Setback: Existing: 10 (,i,oo.)-t) Proposed: If.)(~ Combined Sides: ExisIIng: Required: Pruposed: 1'1 (we;r) '~t~~~) I[~ Uru+) ,~ ~f) Existing non-comonnities or encroachments: Variations requested: Nt!J",-l... ,.... .( / I \ \ \, \ ; 'I ! ...... ...... ~'"a~ '!:t..... ! .....<a .~ r.'.... , .:a " ,...-...... " ~'" ./;}J ",,1111" " "l -, " .;; ~~ ":"0;:; .:. ~. ~, ~. I~' - I' " ." ~ ;. ~,~... l -or-...,..."o.o'O-.;c l~~~9=~= .......""1 , " \",,/ - . , l .....z" ~l ~;" ~f\ ~ /-.='<:t, \~ .',,? ~" "<.;$b '~~.. ....'-~ ~ . :;;;~~'6;;~,//- v ; i ! ; i ,~~;; ~'i~rTrti>:L}{:wJ~: ~-_ .....:.:.,......- . J.ij~':':Q' i 'U2::- 'd"';:;.~ r-::""...die \ / ';!illii ,;; ~ ~ ui ~ oi';; -: ~ Q : t (;P8''''';''- ':. 't ~Q- ...CI'5i~Eai~Qi.s!3~ ... \ ~ - -a uliw.ou>-.;::,,= )' ~~ 5Q6e6d~:lH!~= !....--/ JO-"-"~V/;~ ',. ~~. e: \ Q;,\ ~ ( ?.... ro-..or--.....il""oV'lf"".....-O..........""'\Q('" ~ .' "')j (.!o. "",.....", ~ . ..' V :a: '9c=~=="':"oc'"'rt;'''':'''':': ~-'- \~)l ~ \ ~~ i~j ~ ~,~~~ u7Jiiiiii;;; ';\"' ~~; ;";,,, ; Ii . 1 ~ ~<. I 'd ;~a lid ! - ... ~ ~CSdj..=~5-ej~ c: c: Q" ::. ..,:,SoQ; '='=<;0').. a 0 d>~Ji~Cf.l<-e..i:::=tH o e < ~Ec;r:.~~.lII.~ ~ .: ~.l~l!!1! ~~s i:'e~';~ :E c <<<<<<<==uzu==~ t!!.... ~::~~~~:~~~~:~:;;: =~::i: ~,.q,~~~==--; :'"'1~~ ~Q',Q'. : ~ j ~ ~ Ii I p ~.;. , t i 1- . \\e ~v. ~~o. '1=;) --...__-.._.__-.._ u~. ',.. .,--- 'Y '---... ijJi "II' h' 'I" 'Ill ',I, l,h 1111 ,'I 1'1 . dl~ I" \I , , .,; ~~~~;~; .;~~S~~~~~~~~~ iii~~ii li~iii~iiiiiii ~~ ~ j~ I ..J,...,.--."..,.J-.... ~ =~~~~q~q~~=qq~~qq~~~q=qqi ~. ... "J ;'Z~.LO'N ;ZI-oOI '" ~€1 """"-...-.. ...- -l\~ '" r \ \ .\-- ~. \ \ 1 .. \ ,1. Ii-- a. ".... IU' :!.I .' J' lb=- ~ r.i ~ ~l----~ ~ \ di: ...\ ,-'-'-"1 -~---.::- --~---~ @ ----- - -- " @ @ '-.. o '" ~ ~ f6 N~llE =;;~\HE 6..:L~ o ~ ~ ...~ . o - o 8 . ~~:gs .ss... .Z)IC:g =: . ,~'t;ji~ fl of!! . '!v ;; ... =1- ." ::0 )> Z (") ~. @) .\~-- \ \ ~ <D@ \rr \\ t \ (\ !. ... . I' . . < . i: ,. r r '" -< , " p . . = II . ~~ ;;~ -- m- - m J L-,.... \ \ : J \ -, ...............-..-- ::0 \I--'-- JTI "" JTI ""'~ -I .. en @ \ '\ " . '. .-,'=""'" ._..-J l:ONCltlll-Ut. )0.,' ell r o (') .. '" @ o .'Ii ~1 / ( l ~~ lID @ J S, 14-80'48- W. 100.00' ., . z ""W 0 .ii~ ~ !1g rr ~ i :~ i~iTm~ P.l ~i~ ~ ~~ ~. ~ ~r I~~ II ~Iil i!!!!!!lll ~~ ~ ~~a" . oz.~ -I"'z...j:u> i~i -~~ C(flQ)o\!l'ilj;~:;! ~~~ 1. ml~iUU ~~~ . . ~ ;0;0" ,-" Sa! ~~l!i!lii~ ".> ~ P!~1II . d~ tf )o~ ~~~ i ~i~ ~~~~~~Iii" ~~T~~8~ .~~ . < 0 I j" ~si~S~ ~ ~ ~ ~ r~i ~3~ ~ II ~ I~~~~~iil~ ~. ~ . I In o~~ ~ ~.~ ~ ~ ~ ~ ~i J>1Il .... -IQ ih Gl ih ~" ili~ . J. t~ ~ ~ i ~116 f" !;'I;~i~ !J> c ~~~N ~~ ~h e~;l '" ~ .~ ~ lJl i~~ ~~~ ~ p a~ ~ " -<~"'~::l !fi ~~~ ~ '" il:<~.~ - .> :i:> i!J. >~ ~ < 5j $ ;; o~j s ."ig ~ :1 ~ig.."~. c:: rn iU g q i~ ~ ~ ,.~.~ 0 g~~ i (i") n .:;:gZ '" ~ ";!. .,. ...j!!:"i ~ ~mO ~~~il6:/ ~ Jii . l.N m ~6: ~ g fll M~~~ l: a .-- <: <~i ~ ~h 1J ~ ::~" dil!i I "~ ;;0 m ~!.1't1 $ ~ ~~ ~ 00 ~ "" 0 i~~ ~ ~~ ; ~~ co ~. !d P i ~g. i~~2i~ Ii ~. ~i g ;:0& 'I: ~. ;IlO~';ft ~ ~ -i i! ~ ~, ~ "':0 ,1;1 ;;v '" . ~. .~ . x. ::s>~ -(1) --;................, . Uli 11'5 '''I b' I'" '1'1 'I!, ; b 1111 . "I I,l Ilil [I' n i~!iiiUi -1,Illi~i 'I,H ~il' . ~,'~li~l~ .,~9Iii i J UHh~ J '~~!'H ~ ~i!ili . I It'" I J=h' f ii Ii I II {H f . ~l J fa- !.: n f I . , li~~~ ~!!? :ixtD 01:'--0 t~!: i 8& I; n !i > " to r ,. !!:O " r Cl" l' h 'f II -~ I. ii -- " Ihe ::u ,U" l> l'l~ i ~~ Z, fii! (") I i ,.... (J) ~ ~ i I '" . t, . . il: Oii n il ,p id !:.. n~ ii~ ~- iln ..~ ~ .. .p ~ I \.1 ! I I- ~ " J ~ <= il\ 1 Ii . \ I ; .. I ~ ~ ~! ~ ~ i . I . ~ ~ i ..1 ~._' .~ ~ ~ ~ I ~ .. ~ m - '. ~~ xi i:# r:~ ~~~~~~~~~~~~~~~~~~~~~~~~ . O~~P~~P~P~Qg~oPP~Q~~PO~O. ~ . .CIf'i!'......"jdl"!'J~P"'<lJUJ<.I!~..:."t""ll'-lq'-la> ll'I 1(.11; illUlmjiiUmilnm m ~ . 3::'i ~I~ ~ ~ · ~2 '.~"'.__"","""'~_.'_. ia ~ ~ .... q..~~~qCQi;l~~~qqU,qi;lj~~~~q~qq i f8 ~ . ..( ~ l ."" ~@ @ - @ =.8@~ \ r--;;---li I r ~ \ i \ ~ t~h ~ \-- s \ \ i l ~ \ ~ \ \ l" .,. f-l ,.. I'" illluHW~i IjMiil'ofUi lill! I nr~; iii~ f mlrl hiti 1....( '~i I J~l~l. . ~d'i ii_hit ~ fUll dh! · ~ ;'!4 Jim ! m ." , IiI WIt I 'i nil1M I . ~ H' (i;i 1 ! 3it i Iii . hI hili i I 'i " i , ! { ,i. Ii ! :a > Z " ~ ,~ . ;'9"OQ1 9 l' ~ ~Q . " .. " ~ 9 , 1" Pl'(;) ~ ,~.~'i @ _ \~.~ ~ '\;!....... ~ . . \ '" " ~ ~ ~ \ '\iI_ ." ..-J 100.00' . I i .\1. i. - (il @ : f t- :r- \ ; \ J \ \ . r', ~ \ f. :" .!p,~" I ;0 ~ rrL ~ @-;- @ rTt l'fiZ}' " rTt\/ r: '.,,~ ~ . -' .. -,1 .... ~ .~ . , ~ I ! I I c;oNQlf.l"-.u<. ...' . l GjO IT ]iDOI[]ji[TII[ " ''3 ,,,~~.LO"N o " " ~ ~1' ;::~ ~ " r' r' '" iO-< " " :! " :r --< . ....i;,.,... " ~(O 'r ~o ~" .. '" J '" 0 ,:i) ~1 @ @ j 100.00' ( l $,14-10'.'. W. i.JU~ ~llalt~ ~udl ul.,' mil \i11\ i 5th, ~ ~liI'l' ~ .!" Q i ,lq ~o II " Ii .~i i ~jln ; ~11!1 U!h l-~IU ihr ~ 'i ~ ~ · ~ in I Pi ~ . . .IT 1"1 if i Ii i I I i ! ~ if. I f ( tllf ! '. I i~ !~ i }iii ifffffilli.ii l illl liiiiiliti! Ii I !l I" J:E;liP'J'Il-f.-ll 9 j~ ~ ~t~\ ~t~~;;:llii i~ ! hi 1 r · 1 .i ;: 10 ! I r ~ ii ~ Hi iJ' J lii~!! I". aa I - ill rig' a;l l~. ~ r ~ IJII ~~.~ ~~ S I a s'-= r-!I' i' hi" H I I'I! e i . .11 J f; I ~ f f i . . om """ ~ lil~ I ~ Ulli;tlU ~ ~U ~ a'~~~~'-ili m~~ ~ ~~~!~~!~gl~ ~i~ ~ ~~f'"~'~~ ~.. . . ~~'i"~t~ '~i ! iil~!I~li li~ ~ ~~~~~~ ~~ .n ~. ~~~~I. ~~ i~~ ~ ~t.~I. ~~ '5~ ~~m i F~ ~I~l! . .<~" ~ ~ !I · gl<~~~ ii :. : ~~~~a!l ~ ~~~ i d~~ii~ ~ ii~ ~!~!~i ~ ii~ ig~i~~ j '0 ~ ~~Ii~'~. i~ ;'~g~~~ ~ ~. I~g~.~ ~ IE f r I i I f ! ~ ; I i ;! ip Q i II f n a o f ..Ii ., , . . '1 ~ i I !~ " I , . H ~ 1: P " ~ -.~- r~ I- '. f j;\ I i Ii ::I: ~ /TI ::u .,-." ~ CD o S (J) o ,z m .X rTt .3: "'D -f o .'.z -0 r ~ . .~ - ~ ~ o~~ . . ! . s '\ .r"\ f? :!i. => w '" '" <> <> co '" ~ '" ~ ~. o => 0. <0 => ~ o ., >< n n '" c.. CO => '" l" t;; '" '" 1$ '" !\' '" '" ~(j) '-l ~m '"'0 s;: Z EB :E m (j) -l :z: o c (j) m ." ~ z o (j) (j) -l ::IJ m !:!:l ~ (j) -l :z: o c (j) m ( ~ I@e ~~~ CJ) ::l ~~: em ifim Z ~ ~ o m O"'Z' ~ ' ;:: 3:;:j ~m , -- Fa" ...-:""..:':=:':::' "" I r;::::.- .- . ,,"" q.' Q, ..~ . .~j 61.:"" ~", Q , , l'~ ~ )> r r ~ -------, l______ "--1 ." 0-0 I' /-_1 :0)> I , I :0 I I RUNNING BEAR, LLC BLACK BEAR CHARLES CUNNlFFE ARCHITECTS LOTS N AND 0, BlOCK 3, ASPEN, COLORADO I2OwrHYW.N A.Vf;,"SUllE3O!"ASI'I:N,CO ~'.TElf:'7Q9'l$-S59O'fAX:'7Q9Z5-5076 ~, ~ ~ , .~ ~ ~ no , , .__._____________.c......______..__...._..____.__.._______.__ '. ~ => w '" '" 0 ,~ 0= "' ~ '" . ~~ =~ 1~ ~ 0 ,,~ ~ "'0 "- ~,... o~ "- ~ Il", ~ .. ~ "- ~ -, ~ 2" (J n -c n C ~ Q;l ?> c '- != 0 => '" ~z ."' ~O u; "' ~ CD q :c ~ '" m .... r- ~ '-I - 0 z NOT FOR CONSRTUcnON II I ~ I ~ ~ ~ III en ~~ I -l fi ~ (J') iO c -I ::c ,c ~-o -0 m ;;J r- ~ m r:: -0 ): Z ':E ~~ ~m .\ (J') (J') -I -I m m r- r- m m ~. ~ ~ '-I '-I - - 0 0 Z Z m r- ~ '-I - o z - ~ - .- '" ul H"" a ! it; w V> 'TI z?> !!j!=' c 1::' ~ '" In I RUNNING BEAR, LLC BLACK BEAR LOIS N AND 0, BLOCK 3, ASPEN, COLORADO '~'''''-'''~.."., .~ ~11] ~r- iO :E m ;;J I r I I I o fi].~.--- ~ -'. l>- \ ~ r- m < m r- -0 ): Z i~ - Z s /,' J i ""11 \)> IUE I ~II <Jd [l_ .0 r- m < m r- -0 s: Z a I S RJi I ~ a ~ CHARLES CUNNlFFE ARCHITECTS 520 WI" tmM.N AVE.' sum 301 . ASPEN. 00 1I6,,' TW: '109'l5-SS90 . fAX: 97092H016 ItOHZSGa:Wl. OGSHZ&Oltim~ U9J1 oo'NJdW.1Ot !IJ1$.'MV NYI1AH JM.fJt9 SD3.LIH:::>W 3:J:JINNn:::> S31WH:::> r- r-: ~H -~ , L_ r- z S I z ~! I .-.. I .~ f:3 III ~ i 3: I ~ I II NOIO(l.UISNOJ }lO::! 10N CXMI010::l 'N3dSV'r )001& '0 ONY N 5.101 ~V38 )/:::>\>'18 :::>11''HV38 !:JNlNNml ~ .~ =It; ~z ... '" '" 'i z z :s 0 I c.. - ...J ~ u.J a:; ![] ~ ~~.~ -J u.J I ~ :c 0 I u.J ~! l- I :J~ J 0; ...Jk t/)~ /""". .':' ".,,',ed,". ".'.' ",'-.. ..'."".... ;"..:,'.;.';.;..;.:.'..... :''',:;'.;',',:''',:'. ',". ",.",:,.,.'.;,'. ,... . ..',," ..','."',,',,;,',,:,".' :,;'.:',.:':.:'..:'.: ''''C'':''''';';'';':.''-;' ". .....,.,'",.: ....... ,...... ;.'..:.-.:.';.:......,..:. ........-,..". ..'1....'........,.. ....':.:..::',.. . "...... , ,,' ',' '.' ' .'-.",,'. r .....,..-.. z 0 - ~ ~ Z Z u.J 0 0 :z: - - l;( ~ ~ a:; ~ O~ Z~ ...J -J u.J u.J ::i I- ei I- .( ~~ ~:h ~~ z :s c.. ...J u.J ~ -J ~ u.J 8:~ :J; ,'-", ,..-" PUBLIC NOTICE RE: 934 WEST FRANCIS STREET, CONDITIONAL USE REVIEW FOR TWO (2) ACCESSORY DWELLING UNITS (ADUs) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 15, 1997 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Running Bear, LLC., represented by John Galambos, requesting Conditional Use approval to construct two (2) accessory dwelling units above the alley-accessed garages of the associated primary residences. The property was split into two separate parcels via Ordinance Number 39, Series of 1997, and the current application requests approval to place one ADU on each of the two parcels. The property is located at 934 W. Francis and is legally described as Lots L and M, and Lots Nand 0, Block 3, City and Townsite of Aspen. For further information, contact Mitch Haas at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095. s/Sara Garton. Chair Aspen Planning and Zoning Commission Published in the Aspen Times on August 29,1998 City of Aspen Account ~ ~ Housing Office City of Aspen/Pitkin County S30 East Mml'l Street, LQwer Level Aspen, Colorado 81611 (970) 920-5050 Fax: (970) 920-55S0 MEMORANDUM TO: Milch Haas, Community Development Dept. S1liIfanle A. Llwesque, Housing OIIice FROM: DATE: RE: August 27, 1998 Running BelIr, LLC, Condltion!ll Usa for (2) ADUs - 834 W francis PlIlOollD No. REQUl!8T: The applicant Is requesting approval fer two 6ccessaIY dWelling units to be located above an atlechedgarage. ~CKGROUND: According 10 Section 28.40.090, Accessory DWfllIlng Units, a un~ shall contain not 1esa than 300 squaref\il&t of net livable area and not more than 700 SQuareW of net livable _. ISSUES: When the Hcusing omce reviews plans for an accessory doMing un~, there are partieutar areas tb8t ilI'e given special attention. ThE!y aM as follows: 1, 1l1e unit must be a IolBlIy prlvale unit, wl11ch means the unit must haveapJ'ivale entrance and there 8hllII be no other raoms In this unit that need to be utilized by the individuals in the ptlnclpal ~ldenee: i.e.. a rmchanical raom for the principal r'I!I$ldence. 2. The kild1en indUdas a minimum of a two-bumer stove with oven. $lillooard sink, and a 6-cubic foot refrigerator plus f'reeur. 3. The l.II'Iit is Nquil'ed 10 have II Ollrialn percenlage of na\\.nll Ilghllnto the unit; .i.e., windows, sliding glaSs door, ~ndow wells, et.c.. especially If the und is located below grade, The Uniform Building Cede requiree that 10% of !he floor ar. 01 sunK nllGdB to have na\uralllght. Natun!llight is defined as light Which Is clear and open to the sky. 4. Should the unit be used to obtain an FAR bonus, the UI'I~ MUST be rented to a qua6fted employee. 5. A deed restriction MUST be recorded PRIOR to building permit apprOllal. 1l1e'deed restrictiOn shllll be olllained from !he Housing Office, RECOMMENDATION: A1ter reviewi1g !he appliCation, the Housing 0fIIte recommends approval on the condiUon !hat issLleS 1-5 above are met prior to building P9l1'T1it approval. Prior to C,O. the Housing Office requires a sits tour to imlpect the unit. \referral\eldn798,adu c'd J~O ~NISnoH N3dS~ WdBE:E0 86, l2 ~~ 1/1 I~ . {'. {' L {' Q, ,'L L' /-"\. ,j J'lSp€-_ UOnS0110ateO (..)afl1taU(Jfl L^,,"fI'1Ct 565.Nor.rh Mill Street Aspen, Colorado 81611 Tele. (970) 925-3601 Sy Kelly, Chairman Paul Smith. Treas, Louis Popish, Secy. RECEIVED FAX #(970) 925-2537 Michael Kelly Frank Loushin Bruce Matherly, Mgr. , August 31,1998 AUG 2 1998 Mitch Haas Community Development 130 S. Galena Aspen, CO 8161 I ASPEN J PITKIN COMMUNITY DEVELOPMENT Re:934 W. Francis StreetADUs Dear Mitch: The existing split levelhouse is currently served by the District, The demolition of this unit and construction of two single family residences, eaGh with an attached accessory dwelling unit, will not adversely affeGt the public system, Two separate service lines, or a cOmmon service line with a shared service line agreement, will be required. Separate accounts will be established for each primary unit. We request that a tap permit be Gompletedat our office prior to the issuance of building permits. Tap permits can be completed ollce detailed plans are available, As usual, service is contingent upon compliance with the District's rules,. regulations,and specifications which are on file at the District office. Sincerely, ~~Y\A~~ Bruce Matherly District Manager EPA Awards of Excellence 1976, 1986 . 1990 Regional and Natio!)al , Sa/l11'dayoSunday,August 29-30, 1998. The Aspen Times 13-E ' PUBUC ~CE he County's opinion, any ongoing or IIlolatlon interferes with publte use 01 er Road, the County, at its disc:reUon, dlately take appropriate legal or equi- on. When there Is a dispute about the )( a violation alter written explanation d to the County by the Underwoods, ; agree to meet as soon 'as possible to eir differences. If a resolution of the i cannot be achIeVed at the meeting, ~ agree to meet with a mutually ~ mediator who has substantial con- experience within twenty (20) days neeling to attempt to resolve thedis-- e mediation session, If, there 1$ no res- the dispute by the end of the media- :>n, the County may, at its discretion, roprlate legal or equitable action, court action for a temporary or per- ljunctlon. The historical and- ongoing Tangement (as spedfled In Paragraph I) is in compliance and permitted; and interfere with the safety of public use ~iver Road. , action to enlorce the terms 01 this It, the prevailing party shall beentltled lable attorneys' lees, expert witness costs as a part 01 any judgment ren- tg contained in this Easement shall be I to either party to take action against for any injury or.change to the Parking lting fro,m causes beyond their control, , without limitation; lire, DoOd, storm, h movement, or from any prudent Icen by either party under ,emergency s to prevent; abate or mitigate slgmli- .r to the Parking Area or Upper River Jltlng from such causes. . vlthstandlng, anything else in this :, the County shall have the ability to ~ a portion of the Parldng Area as pub- ; to connect to the railroad right 01 way, tion to be a width sulfident to accom- 1 publiC trail. according to standards he Pitkin County Open Space and TralJs and In a location to be determined by lty. A proposed' location lor a twenty trail is shown on Exhibit C. Notice 01 Ion to Underwoods and recordation of late legaldescrlptlon oHbe pUblic trail :he County's responsibility, Parking Easement Is taken; in whole or by exercise of the power of eminent Underwoods, shall be entitled to com- n in accordance with applicable law. rwoods agree to Incorporate the terms tSement In any deed or other legal inter- hlch they convey any:lnteresUn all.or t 01 the Property benefitted by this t, The Underwoods further agree to ten notice'tothe County of the transfer Iterest at the time of such transfer, and :ice shalllnc1ude a new notice address under paragraph 17, instrument sets forth'the entire agree- he parties with respect to the Easement ersedes- all. prior discussions.. negotta. iderstandlngs, or agreements relating to ~ment, all of which are.- merged herein. mdment must be In writing, 'signed by I~ovenants;> terms, co,ridfthS'ns,' and lns of the Easement shail be- j)indfng :K1. Inure to the benefi~~oft the:partles. and their respective successors and and shan continue as a servttudeon the , described In Exhibit 8 and a benefIt'tO' >eft)' described, In,parasraptl. 8.01. the- , running In perpetuity with the land: notice address for the.parttes,is u.foI- in County. C/o County Attorney's OUke ltMaln '. " 0081611 ,_ .......s: lESS WHEREOF, the parties have execut- \greement on the date wrltten~; K. UnderwoOd;' - - - , --' ne'Garth OF COUNTY COMMISSIONERS;' COUNTY, COLORADO !8-Farrls,Chair. ! Jones. Deputy Clerk lED AS TO FORM: EIy, coUnty Attorney ! Konchan, County Manager EXHmlT"A" i)unty of Pitldn to the Underwoods) on 01 an existing slxty-loot {60') .wide road easement as described In Book 156 ~ 41 In the Pitkin County Clerk and ~r's Office. situated In a parcel of land as ed In Book 491, at Page634 In the P1tJdn Sll~I6'10"E80~49 feet toa point on the-souther- ly boundary line of said parcel of land described in Book 497; at Page 634; thence leaving. said county road, along said southerly line S7S008'OO"W43.61 feet: thence leaving said southerly line 183.59 feet along 'the are of a curve to therlght having a radius of 1595.52 feet and a central angle of 06"35'34", and ,a chord which bears N08~54'58"W. 183.49. feee thence NOS"3TI0"W 454.10 leet; thence 270.54 feet along the are of a curve to the left having a radius of 850.00 feet and a central angle 01 18"14'09", and a chord which bears Nl 4"44'1 S"W 269.39 feet; thence N23"5r20"W 378.44 feet to a point on the northerly boundary line of said parcel of landdescribed in Book 497, at Page 634; thence along said. northerly boundary line N9O"00'OO"E 67.61 feet to the True Point of Beginning,.$aidpareel of land containing 1.690 acres, more or lesS. EXHIBIT C To be provided by Second Reading. PubUshed In The Aspen nmes August 29. 1998. , ner 01 section 6 01 said Township and .Range bears S 54"50'21' E,1145.16 feet; thence N 44009'27" W 25.00 feet to the true point of begin- ~~':ce N 45"50'33" E 35.00'; thence, 15.62 feet along the arc of a curve to the right,. having a radius 01 35.00 feet. a chord which bears N 58"3T36" E 15.49 feetlo a point on the southwesterly right-of-way line of Colorado State Highway No. 82. also being thepolnt of ter~ minus. Easement 3 Beginning at a point whence the southeash~or"' ner of Section 6 of said Township and Range bears 5 54050'21" E 1145.16 feet; thence S 44009'27- E 75.00 feet: thenceN 45"50'33" E 35.00 feet to true point of beginning; thence 'N 4505lr33" E 10.07 feet to a point on the- s0uth- westerly right-of-way line of Colorado State Highway No. 82, alslJ being the point 01 termi- nus, Easement 4 Beginning at a point whence the southeast cor- ner of Section 6 01 said Township and' Range s/Sara Garton, Chair bears S 55~25'03" E 907.80 feet: thence 16.90 feet Aspen Planning and Zoning Commission a1ong- the arc of a curve to the left, having a PUbllshedlnTheAspenllmesAugust29.1998. radius of 35.00 feet,.a chord whidt bears N NOTICE OF PUBUC HEARING PUBUC NOTICE 32"OO'32~ E'16.74 feet to a point on the south- PLEASE TAKE NOTICE: That the BOard of RE: 735 W. BLEEKER STREET LANDMARK DES- westerly rlght-of way line of Colorado State County . Commissioners of Pitkin County, IGNATlON, CONDmONAL USE FOR TWO ADU'S Highway 82, also being the point 01 terminus, Colorado, will consider the lollowing Resolution AND TWO DETACHED UNITS ON A 6,000 Together with a 4().{oot wide easement to Parcel at the Board's regular meeting on We<btesday, A for ingress and egress being 20 feet each side September 9, 1998 at 3:00 P.M., Plaza One SQUARE FOOT LOT, AND SPECIAL REVIEW FOR of the foUowing description: Meeting Room, Plaza Building. 530 E. Main P~~~ IS HEREBY GIVEN that a pu' bllc hearing Easement 5 Street, Aspen, at which time and place a11.mem- will be held on Tuesday, September IS, 1998 at a Beginning at a point whence the southeast cor- bers of the public may' appear and be heard: meeting to begin at 4',30 p.m. before the,As...... ner 01 Section 6 01 said Township' and Range RESOUJrlONOFTHEBO&RDOFCOUNTY . ..-.. bears S 54"50'21- E 1145.16 feet; thence S COMMISSIONERS OF PITKiN COUNTY, Plannlng'and Zoning Commission.. Sister Cities 44"09'2r E 75,00 feet;thence N 45050'33" E35.00 COLORADO. GRANTING DETAILED Meeting Room, City Hail, 130 S. Galena St., feet to, the point of terminus. . SUBDMSlONIflNAL-PLAT APPROVAL TO THE Aspen, to consider an application submitted by The above described parcel of land contains WEST RANCH SUBDIVISION DrewOolan requesting approval for a landmark 3.385 acres as described. AFFORDABLE HOUSING PROJECT designation, conditional use approval for two Published in The Aspen TImes August IS, 22, 29, Copies '01 the propoSed' Resolution are avail- :U~S~:'i 6,~!~~~~~t :~=k I~='t 1998. able for public Inspectlon'durlng regular busi-~.. RESOWOO 0 58 ness hours In the Office of the Clerk and ing approval). and special' review, for parking N N . S As Cola d variance. The property Is located at 735 W. (Series of 1998) ~order,53O East Main treet pen, ra 0 Bleeker, and IS described as Lots A and B, Block A RESOLUTION OFTHE CITY COUNCn. Of" 81611. Phone (970) 920-5180 'Jeanette Jones 18. City and Townsite of Aspen. For further Imor. ASPEN, COLORADO. RELATIVE TO THE. Deputy County Clerk *mation:. contact Amy Guthrie at the Aspen/Pltkin. PETITION FOR ANNEXATION OF TERRITORY Published in The Aspen nmes on August 29, Community Development Department.-, 130 S. TO THE CITY OF ASPEN.- COMMONLY KNOWN, 1998. - . - Galena St., Aspen, CO (970) 920-5096. AS THE "BURUNGAME RANCW; FINDING S1J8.: . s/Sara Garton, Chair STANTIAL COMPUANCE wrrn SECTION 31-12- , AMENDED Aspen Planning and- Zoning Commission' 101(1); C.R.S.; ESTABUSHING A DATE;. TIME, NOTICE OF PUBUC TRUSTEE'S SALE _J'U~I~~~)~_~A!~~!I,mes August 29, 1998. AND PLACE FOR A PUBUCHEARlNGTO No. 98-11 I'i.~~., PllBI:ir. :"<<)I.{:E "~.:J DETERMANlNEOOMPUANCOS CER.SWl11!~]IRlZlNGIONS . I Ma C Thl Notice Vf'n , '1:.1:!.!04 031-12-1 , .- ;;AVUlV ~~Wh,,;:.J to the l~~g d~bed ,:;e~~ \l! ~ ::~~: .\rt~:~ki. :~3~C~~.~~::~}. '::\~7:~:~~~~: ;, :ll~:~~~~~~=~~=~ Trust: . 'n\rl.r.:.:..~:o.;<:~,:ro;::-::: '.\:'),:'\0" ;::::-';f>,j(j PROCEDURES FOR LANo IN THE AREA SACO.; INC.. a Nebraska Corporation-- O,.gmai ~(rnc::!~ =iF..1.i.RY 'il\ f~'\I tI~d~" Iluhhc: :'!+':ilrIllK., ' PROPOSED TO BE JcNNEXEI). Grantor (Borrower) .. ' .wll' be' .ll'!,1 nn .rl~;IV, St~DtC=llller I~ :~~l':' a~.... '''.I!I:''I.EAS, on July 20; 1998, the City Maaager American National Mortgage Corpur.llIlm. ':nHtml(:U 1J1.~1II ,I; 130 n m ;)"llItI~ l":C' ,\..~n' ~il ::>ehaU of the CIty of Aspen. the owner oftbe Orlgtnal'Bene6ciaJ:y and/or assIgnS . .P:,lnnll-!1:( ;mcl ~:IIIIIIK Curn:n=~~ICln Sl~~e~ ell:c~;:. ;lnlpcr.y proposed to be annexed, did file with Firstrust SavlngsBank- Current Owner ~II ~I!.t~ Mel.'IlIIq Ronm. ::tv H,I:i. i30 $ :;'\It'!'l'I~St.. :1:eC,lyClerkoftheCltyofAspenaPetttloolor Evldenc:eof.DebtSecuredbythe'OeectotTrw.t iiA~pen.toconslderanappllcatiOnsubmlttedb Annexation of territory to the CIty of Aspen. January22;1986- Date-of Deed.otTrust ~~ ning Bear, LLC.. represented by Job 'whereby real property described In Exhibit "A" Janwuy.22;. 1986- Recording Date of Deed of bas, requesting Conditional Use app appended to the Petition for Annexation. is Trust ,." , . '. ,- construct. two (2) a<:1:e:!lsory dwelling betD8' petitioned for annexation to the City of P1tkin~ . .CouirtY of RecOrding.. . ':" .." the ililey-accessed garages of the assoc ' Aspen; and Book No: 503, Page No. 918 of Deed of Trust ~ ted primary residences. The property was spilt WHEREAS, the City Clerk of the CIty- of Aspen YOU- ARE HEREBY NOTIFIED that the owner of ~, --.- Ordi N her has referred th aIo d petItJo m.... the evidence of debt, the original principal { into two separate par~ via nance urn. e resaJ n as a co am-'-tolwblchwas$I2S.000.00,doIIan:"and:~.:'< i39,SerlesofI991,and'''' "C": ,: '.' :' 7""' -,,,", , ','~ ~ ......, . ',':." 'requests approval to pk ' " "'''. ' '.' , ," ol' " " ." ...' whldt _is secured by t~ Deed of'li'ust. desCTlbed,,g~ itbe twoparcels:The pn, lo .' , ",.":; , ," . :' :" f ,~ above. hasfned written election and demand Ior,::,y (Vl Ffancis.and is legally described as Lots L anG"and sale as provided In said Deed of ~t. The out~;i0 :M, -arid Lots. Nand 0., Block 3. Oty andTownst .: WHEREAS. the petitiOn, Im;luding'acccnnpany-. stand1Dg ~IW: balan~~e ~:owtng UporI;Vi(ofAspen. For fwther informatwn. contact Mlt .Jog copies of an annexation' map, haS been the evidence of, ,~~ ~ ~~~<:: \Nau_..,.at the Aspen/PltldnCommuni '>revtewed by the City Attorney's. Office and the- =~ ~'i9' t. .'." ," .:;:;;. ",' pment . Department. 130 S. Galena 5 "CIty,F.Dgbleet and found by them to contain the The,' "';':"";'~beI-g'forecloSed'lsallof.the,",.,~',.'1!"Aspen,CO,(970)92t).5095.. ,. "Information prescribed and set forth.m'~ n:a& "''''1'''"'';' n. . . ,":~i' _' . s/Sara Garton, (c) and (d) 01 subsection (1) of SectIOn propertyl!llCLlmbered by saldDeedofTrust;.aad"T:RJ:' . ".As Ptannitig and Zoning Comml ~12-107. CAS.; an4 ,. lS:.describedasloUows:, . "..,." ",' 11shed'~the .4.____ nmes on Au"". WHEREAS. onebundred percent (100%).of the CONDOMINIUM. UNrr'S; as shown on the " ~o , 0- owners of thealfected property haveconserited CtnKIomIrwm'MaP for ASPEN SQUARE CQ:"'i,Jir:"" ""F> <:i~r;':;(.o;'::>::'~i~~> to anoexatfon of their property to the Clty:of MINIUM;. appeerIng In the.recordS-oftbe County Aspen;and. ' . " CIedt,andRecordercof PItJdn County. Colorado. PLEAsE' TAKE NOTICE that PitkIn County ,has . WHEREAS. section 3M2-101(1)(g). CAS.. man- Reception .No. 133472. and as ~eflned and fl,led a' Petition,. with . the' Basalt Water _ dates tblit \be City of. Aspen Initiate annexation described: In that Declaration-Aspen' Square ConServancy District: requesting ~ b1cli1sron proc:eedings In accordance with Sections'31~l2- CondOminlilm~ appearing. In- sucbrecords at Into said District of the followiDg' described 108 to 3l~12-l1o. C.R.S., whenever a petItIOo is BooIt238atPage-249-274. ~'~.' lands located in the County of PltJdn. State of ffled purSuant to subsection (l)ofSection3t.1~ also known by sb'eetand number ,as: 617 EAST Colorado; to wit: 107; C.R.S. CQOPERAVEN!JE. ASPEN; CO 81611 . See Exhibit "A" attached hereto and Incorporat~ NO\Y. THEREFORE:. BE IT, RESOLVED BY 11fE 11fE UEN OF THE DEED OF TRU5r BEJNG FORti- ed herein by this reterence. crrv CQUNCn. OF THE CITY OF ASPENo.,COL- CLOSED MAY NOT BE A FIRST UEN; -SaJdPetIUon ~ be heard.at the regular meet- ORADO:' . ' THEREFORE. NOTICE IS HEREBY GIVEN that'l lng, of the Boari:I of Directors, of said District on Section 1 will, at .10:00 o'clock a.m.. Oil th,e date;of, Monday.SeptemberI4.J998.at1:300~c1ockP.M. Thl.ttbe Petition for Annexatlon of tenitory to Septembfir30, 1998. at the South. front door of .at the Country Inn. 1920 Cow$ Dr.. Carbondale, the CIty, of Aspen is hereby found and deter- the' Pitkin, County Courthouse" 506 East Main Colorado. when and where all, penons.lnterest~ mined to be In substantia1 compliance with the Street, Aspen. ColOrado, sell at public auction to ed shalt appear and show cause. In writing. why provisions. of subsection (1) 01 SectIon 31-12- the highest and best bidder for cash,. the real said Petltlon'should not be granted. The failure 107, c:R.S. property' described above, and aD interest of of any person to file a Written objection shall be SectIon ,2 :!la1d Grantor, the heirs. successors and assigns taken as an assent to the IncluSion of the above Thatthe City Council hereby determines that It' ohaidGrantor, for 'the. purpose of..paying, the described lands within the District. Written shaD hold a pl.lbUe hearing to determine If the Indebtedness provided In :said evldenc:e of debt objections may be filed in advance 01 said meet- proposed annexation complies with Sections31- and . Deed of Trust. attorney's fees, and the Ingby mailing Or deUvery to the Basalt Water 12-104 and 31.12~105, c.R.S., and to establish erpenses of sale, and will deliver to the pur..; ~~ Dl_strlct at ~2 FJgh~. ~t.~. Suite whether or not saki area Is eUglblefor anneza. PUBUC NOTICE RE:.BRANDING GROUP CONOmONAL USE FOR AN ACCESSORY DWELUNG UNIT AND STREAM MARGIN REVIEW. 210 NORm SPRING STREf NOTICE IS HEREBY GIVEN that a pul;lUchearlng wiD be held on.Tuesday. September IS, 1998 at a- meeting to begin at 4:30 p.m; before the Aspen Planning and Zoning Commission. Sister Cities Meeting Room. City Hall, 130 5. Galena_ St., Aspen, to consider an appilcatlon submitted by KrIsteetl Rosenberg of the Branding GrouP. rep- resented by Les Rosenstein 01 Bill Poss & Associates, requesting conditional use approval for an Accessory Dwelling Unit and Stream Margin Review approval fora new single family home. The property is located at 210 North Spring Street, and is legally described as the North half of Lot 2 and all of Lots 3, 4, 5, and 6, Blode 2, Oklahoma flats Subdivision. For further Information, contact _ Chris Bendon at the Aspen/Pltkln Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5072~ . ..-.., .--- , I Running Bear Development Brown Bear Residence; Lots Land M, Block 3 Black Bear Residence; Lots Nand 0, Block 3 934 W. Francis City of )(;speD, Colorado Application for Conditional Use for an Accessory Dwelling Unit located at each proposed residence May 29,1998 RESPONSE TO ATTACHMENT 5.A: A. These proposed ADUs for these two residences is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan; The goal of the housing plan is to house 60"10 of the work force up valley from Aspen Village. This proposal adds two studio units to the housing pool to be used to house qualified employees. Every small step is important to decreasing the nmnber of workers forced to live down valley. This proposal also decreases the congestion on Highway 82 because the units are in the West End within walking distance to town and one block from the 8th street bus stop. This proposal is an urban infill development, which locates the ADUs within an established, in-town location. Therefor, this proposal is consistent with the Aspen Area Comprehensive Plan. The proposed residences are located in Zone R-6, Medimn.Density Residential. This zoning allows for ADUs as a Conditional Use. B. This proposal for two ADUs is consistent and compatible with the character of the immediate vicinity and enhances the mixture of complimentary uses and activities in its neighborhood. The character of the block on which this prQject is located already has a good mix of residences; smaller house with attached apartments, a large, mostly unoccupied home, and the home of a long-time local. This proposal would adds two houses and two ADDs which will only adds to the character of the neighborhood. C. The location, size, and design of this proposal minimizes adverse affect due to development. The ADUs of this proposal are located on the alley, which fits the size and design desired for ADUS. There is offstreet parking provided for each unit, which minimizes the visual affect of cars parked on the road. And eliminates the conflict that occurs when driveways intersect sidewalks. These ADUs are located one block away from the 8th street bus stop will encourage its residents to walk instead of using their cars. This minimizes the impacts of vehicular circulation and noises and odors associated with driving. D. The proposed ADUs are located within the City of Aspen and there are adequate public facilities to service this project. It is on city water, power, and sewer. It is also located within 10 minutes Qfthe police, fire department, emergency room, and the school system. E. By building these units, the applicant commits to supply affordable housing to meet the needs of the increased employees generated by this conditional use. F. These proposed ADUs complies with all the additional standards imposed on it by the Aspen Area Comprehensive Plan. . i-" ;-0... , Running Bear Development Brown Bear Residence; Lots Land M, Block 3 Black Bear Residence; Lots Nand 0, Block 3 934 W. Francis City of Aspen, Colorado Application for Conditional Use for an Accessory Dwelling Unit located at each proposed residence May 29, 1998 RESPONSE TO ATTACHMENT 5-B: 1. The proposed ADUs are compatible and subordinate in character with the primary residence located on the property. The ADUs are located above the garages on the alley side of the two proposed residences and are subordinate to the primary residence. They are attached to the house and are designed to appear as if they are part of the house. They are in character with the surrounding residences as well. They won't create a density pattern inconsistent with the established neighborhood. See response to attachment 5-A, questions B, C, and D. 2. This proposal is not requesting any variances to setbacks, height, floor area, or site coverage. 3. This is not a historic residence or a nonconforming structure since it is new construction. 1"""'\ ~ June 1, 1998 City of Aspen Community Development Department 130 South Galena Aspen, CO 81611 To Whom It May Concern: 1, Dale Hower. an office holder of Running Bear LLC, authorize John Galambos of Charles Cunniffe Architects to act on the behalf of Running Bear LLC for the purpose of presenting a Conditional Use application to the City of Aspen, The conditional use appilcatlon is'for an Accessory Dwelling Unit located at a new residence on Lots Land M, Block 3 and an Accessory Dwelling Unit located at a new residence on Lots Nand 0, Block 3, The address is 934 W, Francis, Aspen, Coiorado, John Galambos may be reached at the following address: Charles Cunniffe Architects, 520 E, Hyman, Suite 301. Aspen, Colorado 81611. He may be reached by phone at either 925-5590 or 704-9750, ThO?p% ~ Dale Hower Running Bear LLC 43995 Hwy 82 Aspen, CO 81611 925-8775 RECEIVED J UN 2 1998 ASl-"b~J - COMMUN r-I , f\.fI\J ITY DEVELOPMENT MRY-26-1998 16'27 FROM RSPEN/PITKIN COM DEV TO 9-7049750 P.10 ,~" ' , Ii , ,t"1 ASPENIPITKlN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development AppHcatioD Fees (Please Print Clearly) CITY OF ASPEN (hereinaftel- CITY) and ~..."'-i':) ~"" U "- (hereinafter APPLICAN'T) AGREE AS FOlLOWS: , 1. APPLICANT has submitted to CITY an applicatk>n for C......di.\-Io......./ U_~ (".... t. AVU6 (hereinafter, THE PROJECT), 2: APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996) establishes a fee structure for land use applications and the payment of aU procesSing fees is a condition precedent to a determination of application completeness. :3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application, APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incul'l'ed. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANTS application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission anellor City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision. S. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application ~wteness, APPLICANT shall pay an initial deposit in the amount of $j1-l) which is for __ ~ of Planning staff time, and if aCtual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be n~ade within 30 days of the billing date. APPLICANT further a~s that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN APPLICANT Signature: (Yw ,~ Date: 4-!'/q,fp Printed Name: ~I~ f{"we/ Mailing Address: 43115 fI ""'1 :2 A~reV\, CD ~~ II Stan Clauson Community Development Director City of Aspen I. JUN-81-98 12:86 PM COURTHOUSE PL~ZA '976 '928 06':;16 F'.02 r"'i>. f""'\ Law Offices of - Co William K. Guest, P.C. " , ;'( 804 PITKIN AVENUE I 'L L:"j ",., Ii, y'l'- ClLENWOOO SPRINGS, co 81601 1" ' " c'j.' (,,~ i: ) ! ,: -,' I I ,'~ TI:LEPHONE (970) 928-0175 FACSIMILE (970) 9:28-0696 " August 20, 1997 Via Facsimile 920-5439 Mitch HilliS RE: Running Bear, .Ll...C Dear Mitch: I am an attorney licensed to practice in the State of eo lor ado, The owner oflhe property dcscribcd in the Exhibit" p,:' is Running Bear, LLC, It is a Colorado manager managed limited liability company, The sole manager of Running Bear, LLC is Dale Hower, To the best of my knowledge, all mortgages, judgments, liens, easements, contracts and agreements euecting the property described in Exhibit" A" are: I, A Deed of Trust for the use of Imperial Credit Industries, Inc" in the original amount of$650,OOO,OO, dated December 6, 1994, and recorded December 9, 1994 in Book 769 at Page 49 as Reception No, 377072 in the books and recores ofPitlcin County. Colorado, The Deed of Trust was assigned by an Assigrunent recorded November 25, 1996 as Reception No, 399419 to Bank of New York, \Vhile not of record, il is possible that the Deed of Trust has been assigned to GMAC Mortgage or GMAC Mortgage services the loan. 2, l1;e reservations and exceptions as set forth in the Deed from the City of A~pen recorded in Book S9 at Page 292 of the books and records of Pitkin County providing as f()!laws: That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining.c1aim..or possession held under existing laws, If you nced any further information, please feel free to give me a call. Very truly yours, wrrUAMK. GlrES!, P,C, f)~ t!~ William K Guest, ID, LL.M. WKG,cc Enclo~ure cc: Dale Hower JUN-8t-98 12:07 PM COURTHOUSE PLAZA '978 '928 1216'36 P.et3 [~ ~ ~ jI" EXHIBIT i'A" A tract of [and barng all of LOIS L, M, Nand 0, in Block 3, City of Aspen, Colorado and Part ofthe West [/2 of Section [2, Townohip ] 0 SO\llh. Range 85 West of the 6th P,M, being more fully described as follows: Beginning at the point of intersection of the Southerly bounda..-j line of said Lot L and Line 6-7 A.pen To;vnsite whence Corner No, 6 (a stone monument) bears N, 07"32'24" E, 7I3,82.fect; thence N, 75"09' 11" W, 20.02 feet; thence N. 07'32'24" E, 100.82 fcet; thence S. 75'09' 11" E, 133,76 fect to the Northeasterly corner cfsaid Lot C; thence $,14'50'49" W, 100,00 feet along the Eastcriy boundary line of said Lot 0 to the Southeasterly corner of said Lot 0; thence N, 75'09' 1 [" W, 100,92 feet aleng the SOlllhariy boundary line of said Blook 3 to the point of beginning COUNTY OF l'IT.KIN. STATE OF COLORADO '..