HomeMy WebLinkAboutLand Use Case.CU.341 Park Ave.A42-96
CA~;Jiilli.OAD SUMMARY SHEET. CITY ~SPEN
DATE RECEIVED: 6/11/96
DATE COMPLETE:
PARCELID # 2737-074-00-028
CASE # A42-96
STAFF: Bob Nevins
PROJECT NAME: Colas-2 Detached Single Family Residences, Conditional Use & Stream Margin Review
Project Address: Parcel A, off Park Avenue at Regent Street, City of Aspen
APPLICANT: Colas Investments, Inc.
AddresslPhone: 9718 1/2 Oak Pass Road, Beverly Hills, CA 90210, 310-205-0406
REPRESENTATIVE: Sylvio Tabet c/o Paul Taddtmc, f.ttomey ,,' '~-'(V -I-o-vJ'
AddresslPhone: 323-West~spen ('0"----9259190 ? 0fu1 erY'1n~ 'fJ,
' c.h0-V'1 eo CurlY) life e wrd/q 1+ .
# APPS RECEIVEg~2 ~ 1*1 mon 'Ofe. 3J I
# PLATS RECEIVED 2
PLANNING
ENGINEER
HOUSING
ENV HEALTH
TOTAL
$e.l};'
$0
$0
$0
$1285
TYPE OF APPLICATION:
One Step
FEES:
AMT. RECEIVED $0
'lIr Due: $1050 ESA/Stream Margin, $235 ADU
P&Z
CC f1
CC (2nd readin )
REFERRALS:
o City Attorney
~ City Engineer
o Zoning
~ Housing
o Environmental Health
)1Parks
DATE REFERRED: ~
o Aspen Fire Marshal
o City Water
o City Electric
o Clean Air Board
o Open Space Board
o Other:
o CDOT
o ACSD
o Holy Cross Electric
o Rocky Mtn Natural Gas
o Aspen School District
o Other:
INITIALS: ~
DATE DUE: 7t.a..b/.q i:.
APPROVAL:
Ordinance~~~ CJt,- 2'(
Staff Approval
Plat Recorded:
Date: 8-'(,,-441
Date:
Book , Page
CLOSEDIFILED
ROUTE TO:
DATE:
INITIALS:
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October23, 1996
.
THE CITY OF ASPEN
~
Colas Investments, Inc. LLC
Mr. Sylvie> Tabet '
c/o Paul Tadune
323 West Main St.
As]?en, Colorado 8 1611
RE: Grant Of Trail Easement
Dear Mr. Tabet:
In several meetings with your representatives, Paul Tadune and JanDerrington during the
Development Application for Stream Margin Review of the property, we ask~d if a trail
easement could be granted through the unbuildable section of your property beneath the
ditch and adjacent to the river. The trail eaSement would be for the development of a
,future trail along the Roaring Fork River corri~or,
DUring the discussions in these meetings, your representatives indicated that you would
consider granting a trail easement through your property: ,So, as follow up to those
, meetings, I have enclosed it "GRANT OF TRAIL EASEMENT" for your review. If the
agreement .is acceptable, please sign and return a copy for us to execute. If there are
modifications or clarifications that need to be made please let us know and we will try to
work them out.
, I appreciate your consideration bf this very important link in the' City's .trail system,
Please feel free to contact me with any questions.
Sincerely: ~~
~eger "
Trails Supervisor-City Of Aspen Parks Department
cc:
Bob Nevins-City Planner /
George Robinson-Director of Parks
John WorcesteroCity Attorney
COLAS3.DOC
130 SouTH GALENA STREET. ASPEN, COLORADO 81611*1975 . PHONE 970.920.5000 . FAX 970.920.5197
Printed on Rccyc1cd Paper
.~'
GRANT OF TRAIL EASEMENT
THIS GRANT OF
day of
COLAS INVESTMENTS, LLC
and the City of Aspen,
"Grantee").
TRAIL EASEMENT is made and entered into this
, 19 , by and between
(hereinafter referred teas "Grantor"),
Colorado (hereinafter referred to as
WIT N E SSE T H:
WHEREAS, Grantor is the owner of the fOllowing described
real property located in Pitkin county, Colorado:
See attached Exhibit "A".
and,
WHEREAS, Grantor is desirous of granting to Grantee a
certain future fourteen (14) foot wide perpetual trail easement
and right-of-way over and across said real property under the
terms and conditions hereinafter specified; and '
WHEREAS, Grantee is desirous of accepting said trail ease-
ment and right-of-way;
NOW, THEREFORE, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, Grantor
hereby grants and conveys to Grantee, its successors and assigns,
for the benefit of the general public, a perpetual trail easement
of approximately fourteen (14) feet over and cross the area
described in Exhibit "B" attached hereto and by this reference
incorporated herein.
The parties understand that the exact location of the
fourteen (14) foot easement is not known at this time. The
proposed trail, however, shall be built within the area described
in Exhibit "B". Following the construction of the trail includ-
ing retaining walls and other similar structures, if necessary,
Grantee shall cause the alignment to be surveyed and prepare an
as-built legal description of the trail easement. The alignment
and precise width of the easement shall be determined at the time
of the survey. The trail and legal description shall then be
shown as an amendment to the final plat and recorded with the
County Clerk and Recorder.
THE ABOVE GRANTED TRAIL EASEMENT and right-of~way is subject
to the following terms, agreements and reservations:
1. The fourteen (14) foot wide trail easement shall be for
the installation, construction, operation, use, inspection,
repair and maintenance of a trail suitable for bicyclists,
pedestrians, cross country skiers, and for other similar recre-
, .I"....,
.1'""\
ational purposes, over and across Grantor's property in the
location and manner set forth in Exhibit "Bit hereto. No motor-
ized vehicles shall be permitted except for trail maintenance
purposes. To this end the grant and conveyance includes a grant
of rights and privileges necessary or incident to the reasonable
and proper use as described above of the easement in and to,
upon, over, under and across the Grantor's property. the width
of the easement shall be fourteen (14) feet for a trail surface
plus any necessary retaining walls or other similar structures
deemed necessary at the time of construction.
2. The rights and privileges granted by this easement are
sUbject to prior agreements, easements, and conveyances recorded,
or unrecorded. Grantor represents that it has no knowledge of
any recorded or unrecorded agreements, easements or conveyances
with respect to such property which would preclude Grantee from
using the property for a trail as contemplated herein.
3. Grantee agrees to use reasonable care in construction
of improvements within the area of the easement, and agrees to
avoid damage to the surrounding land and improvements thereto,
and further agrees to restore such land and improvements to their
condition immediately prior to any construction, improvements or
repairs to the trail.
4. It is the intention of the parties to make the land
available to the public for recreational purposes without charge,
and to limit the parties' liability to persons entering thereon
for such proposes. In the event that either or both of the
parties might otherwise be liable under applicable state stat-
utes, Grantee hereby agrees, to the extent permitted by law, to
indemnify and hold Grantor harmless from and against claims or
awards for loss, damage or any liability including reasonable
attorney's fees and costs, which may result from grantee's acts
or omissions covering and inCluding, but not by way of limita-
tion, installation, excavation, fill, construction, maintenance,
repair, replacement, public use or location of the trail or
attendant facilities, as subsequently determined by a court of
competent jurisdiction. Nothing herein shall constitute a waiver
of Grantee's rights as provided in section 24-10-101, et sea.,
C.R.S.
5. Grantor hereby grants to Grantee a temporary construc-
tion license over and upon the land described in Exhibit "B"
during the period of time necessary to construct the trail.
IN WITNESS WHEREOF, the parties hereto have executed the
foregoing on the day and year above first given.
2
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COLAS INVESTMENTS, LLC
By:
Title:
STATE OF COLORADO
)
) ss.
)
County of Pitkin
The foregoing instrument was, acknowledged before me this
day of , 1996, by
as of Colas Investments, LLC.
WITNESS,MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
Address
3
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EXHIBIT A
A tract of land situated in the , Southwest one-quarter of the
Southeast one~quarter of section 7 and the Northwest one-quarter
of the Northeast one-quarter of section 18, all in Township 10
South, Range 84 West of the 6th P.M. being a part of The Mollie
Gibson Lode (U.S.M.S. No. 4281 Amended) and part of The Lone pine
Lode (U.S.M.S. No. 1910), described as follows:
Beginning at Corner No. 3 of said Mollie Gibson Lode;
Thence North 38000'00" East, 100.00 feet along Line 2-3 of said
Mollie Gibson Lode to the most Westerly corner of Lot 2, Sunny
Park Subdivision;
Thence South 43040'00" East, 114.00 feet along the Southwesterly
line of said Lot 2;
Thence South 46020'00" West,
Thence South 43040'00" East,
Thence South 52040'00" West,
said Mollie Gibson Lode;
Thence North 34017'00" West, 6.86 feet along said Line 3-4 to the
intersection with Line 2-3 of said Lone Pine Lode;
Thence North 44030'00" West, 92.80 feet along said Line 2-3 to
Corner No. 2 of said Lone pine Lode;
Thence North 45030'00" East, 16.70 feet along Line 1-2 of said
Lone pine Lode to the intersection with Line 3-4 of said Mollie
Gibson Lode;
Thence North 34017'00" West, 28.90 feet along said Line 3-4 to
the Point of Beginning.
86.00
32.60
34.33
feet;
feet
feet to
a point on Line 3-4 of
4
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-_....
REsrDENTrAL DESrGN CBECXLrST NOTrFrCATrON OF APPROVAL
A. RESrDENT:rAL DESrGN STAllDARDS MET.
I , ~
The project located at f~ It DfF p~~t;; /'-f;6-5Nfs-r.,
t4-Spe:rl, Co~ (CDvl're (~)
has been reviewed by City planning staff and has been found to be
in compliance with the "Residential Design Standards" as adopted
by Ordinance #30, series ot 1995.
~C?-/~-q.b
. Planning sta:f:f
B. DESrGN REVIEW APPEAL BOARD REVIEW COMPLETED.
The project located at
has been reviewed by the Design Review Appeal Board and has been
:found to be in compliance with the "Residential Design Standards"
as adopted by ordinance #30, series of 1995, with the exception o:f
the standard(s) relating to
which l:!ave been waived.
Conditions o:f approval were _ or were
not _made by the Design Review Appeal Board. I:f conditions
apply, the meeting minutes are attached.
Planning sta:f:f
THE ATTAaED REDUCED SUE DRAWINGS, rNI'I!rALED BY THE PLANNING STAFF '
HEHBER ASSIGNED TO THE CASE, REPRESENT DE PROPOSAL TnT liAS BEEN
APPROVED AS DESCRrBED ABOVE. ANY VARIATIONS FROM orxESE PLANS WILL
REQurRE RE-REVIEW.
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LAW OFFICES OF
PAULJ. TADDUNE, P.e.
323 WEST MAIN STREET, SUITE 301
ASPEN, COLORADO 81611
PAUL), TADDUNE, p,c.
WILLIAM K GUEST, P.c., OF COUNSEL
ANDREW H. BUSCHER, OF COUNSEL
TELEPHONE (970) 925-9190
FACSIMILE (970) 925-9199
July 23, 1996
Bob Nevins
community Development Department
130 S. Galena street
Aspen, CO 81611
Re: Colas Investments
Dear Bob:
As we discussed on July 19, it appears that it will be
necessary for Colas Investments to condominiumize the project.
Accordingly, I request that in connection with the conditional use
and stream margin review, that the application be amended to also
include the ability to condominiumize the project. Please let me
know if you need any further information.
As in the past, thank you for your assistance in this matter.
Very truly yours,
PAUL J. TADDUNE, P.C.
- \: ~
-
Paul J. Taddune
PJT: cba
cc: Sylvio Tabet
Jan Derrington
1Ft IECCIEUV[ED
.III/ 2 II. 1996
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission
Dave Michaelson, Deputy Director J>. M .
THRU:
FROM:
Bob Nevins, City Planner
RE:
Colas Investments Conditional Use Review For Two Accessory Dwelling Units;
and Stream Margin Review
Parcel I.D. No, 2737-074-00-028
DATE:
August 6, 1996
SUMMARY: The applicant is proposing to construct two, detached single-family residences on a
vacant 13,155 sJ. lot within the R-6 zone district. As part of the development application, the
applicant is requesting: 1) conditional use approval for two, studio accessory dwelling units
(ADUs), each containing approximately 390 sJ. of net livable area and; 2) stream margin review
approval for the development of two residences within 100 feet of the high water line of the
Roaring Fork River.
The application was tabled by the Planning and Zoning Commission at a public hearing on
July 2, 1996. The Commission requested that additional information and clarification regarding the
following issues be provided: a) overall project density, building mass, access, and off-street
parking within the site; b) fire protection and safety; c) adequate easements for construction, ditch
maintenance, and landscaping and; d) provision for a pedestrian and bicycle trail easement along
the Roaring Fork River.
The applicant's addendum packet is attached as Exhibit A. Referral comments from Engineering
and Parks are included as Exhibit B.
Staff recommends approval of the conditional use for the two studio, accessory dwelling units and
the stream margin review for the proposed development with conditions.
APPLICANT: Colas Investments, represented by Mr. Jan Derrington of Cunniffe Architects
LOCATION: Parcels A and B, are situated in the SW 1/4 of the SE 1/4 of Section 7 and in the
NW 1/4 of the NE 1/4 of Section 18, all in Township 10 South, Range 84 West of the sixth
principal meridian, Pitkin County, Colorado. The parcels are located off Park A venue at Regent
Street and adjacent to Garrish Park in the City of Aspen.
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ZONING: Medium-Density Residential (R-6/PUD)
LOT SIZE: 13,155 square feet (0.302 acres)
PROPOSED LAND USE: Two, detached single-family residences with two accessory dwelling
units (ADU's). Two, detached residential dwellings are permitted uses on lots of 9,000 s.f. or
greater within the R-6 zone district.
FAR: Two detached residential dwellings on a lot of 9,000 sJ. or greater shall not exceed the floor
area allowed for one duplex. Lots of 9,000-15,000 sJ. are permitted 4,080 sJ. of allowable floor
area, plus 6 sJ. of floor area for each additional 100 sJ. of lot area, Slopes over greater than 30%
shall be excluded from calculating allowable floor area. The total reduction in FAR attributable to
slope reduction shall not exceed 25%. Based on this criteria, the total allowable FAR for two "l 5
detached residences (or duplex) on the property is estimated to be approximately 3,162 ,.f.. Y; 1'31. ;-"1" p-
I-SW"3,-::rI1.-SF
REVIEW PROCESS: Accessory dwelling units Tequire conditional use approval by the Planning r:-'l.G
and Zoning Commission at a public hearing. It is a one-step review and may be consolidated with
any other development application. Stream margin review is a one-step process at a meeting before
the Planning and Zoning Commission. It is not a public hearing and may be consolidated with any
other development applications,
BACKGROUND: Pursuant to Section 26.28.040(B)(3), two detached residential dwellings are a
permitted use on a lot 9,000 sJ. or greater within the R-6 zone district. The project has previously
been reviewed by the Design Review Architectural Committee (DRAC) November 9, 1995 and
May 9, 1996, The Committee's major concerns were: 1) the buildings orientation to the street;
2) the massing and scale within the public viewplane; 3) the setback along Garrish Park; 4) the
"no window" zone; and 5) an interior entrance from the ADU into the living room of the primary
residence, The applicant modified the plans in accordance with the DRAC comments and received
Staff Residential Design approval on June 17,1996.
REFERRAL COMMENTS: The additional comments from Engineering and Parks are
included as Exhibit B.
STAFF COMMENTS:
Conditional Use Review: The purpose of the Medium-Density Residential (R-6) zone district is to
provide areas for long term residential purposes with customary accessory uses: The development
proposal to construct two detached single-family residences and two, studio accessory dwelling
units on the residential lot complies with the intent of the R-6 zone.
Pursuant to Section 26.60.040, Standards applicable to all conditional uses, the applicant meets ,the
standards: A) it is consistent with the purposes, goals, objectives and standards of the Aspen Area
2
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Comprehensive Plan; B) it is consistent and compatible with the character of the immediate
vicinity and surrounding land uses; D) there are adequate public facilities and services to serve the
conditional use; and E) affordable housing is being supplied by the creation of two studio ADU's.
The applicant has revised the plans and provided additional information to adequately address
conditional use standards C and F:
Standard C. Commission members were concerned about vehicular circulation, parking, trash,
service, delivery, and emergency access. The applicant has addressed these concerns as follows:
l)A 13'-6" access driveway is provided to serve both residences. It provides adequate width for
fire truck, delivery, and residential vehicular access
2) To ensure fire protection and safety for the residents and neighbors, both buildings wiIlbe fully
sprinkled; a turf-block area is provided in front of Unit 1 as a turn-around area for fire trucks
emergency vehicles and deliveries; the deck overhanging the access drive from Unit 1 will be
eliminated to allow sufficient emergency Vehicle clearance and; the access drive shall be
posted as a fire lane and kept clear of parked vehicles and snow at all times.
3) The driveway intersection at Park Avenue will be reconstructed in compliance with City
Engineering Department Standar<is.
4) There are sufficient areas for vehicles to ingress and egress the garages and for emergency
trucks to turn-around.
5) The two ADU parking spaces meet the project's off-street parking requirements. The spaces
do not interfere with the accessibility of the Unit 2 garage or emergency vehicles.
Standard F. The revised submittal complies With the applicable requirements of the land use
regulations with the following conditions:
I) A construction and landscape easement agreement needs to be obtained from the adjoining
property owners and recorded with the County Clerk prior to the issuance of building permits,
2) City Engineering requests that the access easement be created as an "outlot" that is unrestricted
with no right for any development on the easement which restricts the access intent and that
the intent is to convey a clear twenty foot travel access.
3) Engineering is to review and approve the maintenance agreement and encroachment licenses
prior to their execution, and the new access "outlot" easement
The two, studio ADU's are located above the garages with very good natural light, ventilation and
views. The units have separate, private, covered exterior entries. The Unit 2 ADU has an exterior
deck, The studios each contain approximately 385 sJ, of net livable area. An interior doorway
links the accessory dwelling units to the living area of the main residences. One surface, off-street
parking space per ADU is provided.
3
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Stream Margin Review: Stream margins are areas located within one hundred feet, measured
horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within
the one hundred year floodplain where it extends one hundred feet from the high water line of the
Roaring Fork River and its tributary streams, or within a flood hazard area (stream margin).
Development in these areas shall be subject to heightened review so as to reduce and prevent
property loss by flood while ensuring the natural and unimpeded flow of watercourses. Review
shall encourage development and land uses that preserve and protect existing watercourses as
important features.
The property is located within one hundred feet, measured horizontally, from the Roaring Fork
River, However, measured vertically, the site is considerably above the river and the flood hazard
zone. Pursuant to Section 26.68.040, Stream margin, the development proposal complies with
Standards (A) and (B)(1,2,3,4,5,7,9,IO,II,12,13, and 14), Standards (B)(6 and 8) are not applicable
to this application,
In evaluating this development proposal, the fifteen foot setback from the top-of-slope and the
progressive height limit defined by a forty-five degree angle drawn at ground level from the top-of-
slope are critical stream margin considerations. As shown by the site section (see Exhibit A, sheet
AS.!, A- Building Section at Unit I), the proposed residences are in compliance with these review
standards.
Trail corridors and linkages are important factors to be evaluated as part of the stream margin
review. The corridor along the Roaring Fork River between Herron Park and East Cooper Avenue
is identified as critical link in the Aspen Area trail system. Parks Department is requesting the
applicant to grant trail easement from the centerline of the Riverside ditch south to the, lower
property boundary for future trail construction. Flexibility is needed to properly plan a trail
alignment through this area due to topography and other factors. The proposed trail is below the
residences and should not result in an adverse impact The trail easement would not affect the
allowable FAR pemUtted on the parcel.
STAFF RECOMMENDATION: Staff recommends conditional use approval for two studio,
accessory dwelling units and the stream margin review with the following conditions:
Accessory Dwelling Units-Conditional Use Approval
I. The applicant shall submit to Engineering for review and approval, prior to the issuance of
any development orders, the following:
, a) A construction and landscape easement agreement with the adjoining property owners
to be recorded with the County Clerk.
4
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I Nb.. b) The access easement shall be created as an "outlot" that is unrestricted with no right for
..s;~~.1Iit2.. _ any development on the easement which restricts the access intent and that the intent is
"Tc::v. _ ~ to convey a clear twenty foot travel access.
The maintenance agreement and encroachment licenses shall be submitted prior to their
execu d the new access "outlot" easement
d) A complete sl,,;; J.Ul'lV''''',cl>.t and topographic survey prepared pursuant to Colorado
state statutes, signed and stamped by a registered land surveyor.
e) The Fire Marshall to review and approve the residential interior sprinkler systems
and the final access drive and turn-around with respect to emergency access and
fire safety.
f) The on-site parking and vehicular access requirements meet City design standards,
2. Prior to the issuance of any building permits, the applicant shall comply with the following:
a) The owner shall submit the appropriate deed restrictions to the AspenlPitkin County
Housing Office for approval. Upon approval of the deed restrictions by the Housing,
Office, the applicant shall record the deed restrictions with the Pitkin County Clerk and
Recorders Office with proof of recordation submitted to the Planning Department. The
deed restriction shall state that the accessory units meet the housing guidelines for such
units, meet the definition of Resident Occupied Units, and if rented, shall be rented for
periods of six (6) months or longer.
b) Kitchen plans shall be verified by the Housing Office to ensure compliance with
spetifications for kitchens in ADUs.
c) The ADUs shall be clearly identified as a separate dwelling units on building permit
plans and shall comply with the 1994 D.B.C. Sound Transmission Control Guidelines.
d) A landscaping plan shall be submitted for review and approval by the Parks Department.
Tree removal permits shall be required for the removal or relocation of any tree greater
than six inch caliper.
3, Prior to issuance of a Certificate of Occupancy, the Planning Department shall inspect the
accessory dwelling units to ensure compliance with the conditions of approval,
4. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions,
Stream Margin Review Approval
'r.ro ,b:pPlJ"~ ,6.t\~~ ~~/IlI=TE'. &i.l GtOClt ~1fo1'W 1'n-I1"~.. CI'!'If Ftlrt...
1. ~"7 A trail easement~9~L be gllUlt9li tv Ii,,, Ci~. The trail easement shall be the area from the
centerline of the Riverside ditch south to the lower property boundary. The trail easement
shall be described and shown on the final plat. The easement shall be recorded with the
County Clerk and Recorder. The trail easement will not affect the allowable FAR permitted
on the parcel.
5
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2, The building envelopes for the two residences shall be clearly shown on the final plat.
3. No vegetation shall be manipulated outside of the building envelope, and the envelope
boundary along the Roaring Fork River shall be barricaded prior to issuance of any
building permits.
4. Silt fencing shall be used during construction to prevent runoff from disturbed soils from
entering the river. Revegetation is required for any disturbed soil 9n the site,
5. AIl material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
ALTERNATIVE RECOMMENDATIONS: Combined development applications requesting
conditional use and stream margin review may be considered and approved separately or together.
Planning and Zoning Commission may approve the conditions above, approve additional
conditions or disapprove the conditional use and stream margin review for the two, detached single-
family residences proposed by Colas Investments.
RECOMMENDED MOTION: "I move to approve the conditional use for two studio, accessory
dwelling units and the stream margin review for the two, detached single-family residences
proposed on Parcel A, off Park Avenue at Regent Street with the conditions outlined in the
Community Development Office Memorandum dated August 6, 1996".
Exhibits:
"A" - Addendum to Conditional Use and Stream Margin Review Application
"B" - Referral Comments
6
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July 26, 1996
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Exhibit A
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ARCHITECTURE
PLANNING
INTERIORS
Bob Nevins
Community Development Department
City of Aspen
130 South Galena St.
Aspen, CO 81611
re: Two Detached Single Famiiy Residences for Colas Investments, LLC
Parcel A off Park Avenue at Regent Street, Aspen, Coiorado
Dear Bob,
in furtherance of the July 2, 1996 Public Hearing for Conditional Use (ADU) and Stream Margin
Review, we are herewith submitting the foilowing revisions for consideration by the Aspen
Planning & Zoning Commission at the continued Public Hearing on August 6, 1996,
A. Conditionai Use {ADUJ
1, We expect Mr. Sylvio Tabet to be in attendance at the continued hearing to
discuss the application directly with P&Z, We have spoken with the adjoining land
owners; Dieter Bibbig, Arne Marthinsson and Magne Nostdahl: ail of whom have
expressed support for this proposed land use and who also plan to attend the
continued hearing. We wish to emphasize that the intent of the ADU's is to
provide affordable housing within close proximity to city bus routes and easy
walking distance to town. Ail of the people who will be impacted feel that
affordable housing is appropriate for this property, By having local people living
there who have regular jobs and possibly provide maintenance for these
dwellings, for a stipend or reduced rent, the Owner has the benefit of added
security against burglary or vandalism. This is a win/win scenario and is quite
compatible with the existing zoning and demography of the neighborhood.
2, With regard to access/egress for automobiles and fire trucks, we have
superimposed circulation diagrams on the site plan which has been modified for
easier maneuvering. (See attached Exhibits A-1 through A-6) We have shown
these documents to the adjoining land owners who have expressed willingness to
enter into a common boundary landscaping and maintenance agreement along
the North boundary and encroachment licenses for the garage along the East
boundary. We have also met with the Fire Marshail, Ed Van Walraven, who finds
the project to be acceptable with the proposed modifications listed below:
a, Both of the residences (and ADU's) will have automatic fire sprinkler systems
that comply with N FP A 13. D
b. The grass block lawn area will have a compacted road base similar to the
asphalt paved driveway.
c. There will be no balconies projecting beyond the exterior wails of the ADU
for Unit #1 on the North or East elevations, There will be no such restrictions
for the ADU for Unit #2.
CHARLES CUNNIFFE ARCHITECTS' 520 EAST HYMAN' SUITE 301 . ASPEN, COLORADO 81611 . 970/925-5590 FAX 970/925-5076
,""""
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d, The driveway will be posted with fire lane signs as directed by the Fire
Marshall along the North property line.
e. The driveway gradient and intersection with Park Avenue will be constructed
in compliance with City Engineering Department standards.
3. If the two parking spaces provided for the ADU's are objectionable to P&Z, the
Applicant is willing to delete them and just provide a back-up area in that
location. A clause could be placed in the Affordable Housing Deed Restriction
that preference will be given to renters who do not have an automobile,
4. It is our understanding that the Aspen Parks Department would like to obtain a
trail easement on the river side of the irrigation ditch which was not shown on the
Aspen Comprehensive Plan, The Applicant is willing to consider granting such an
easement provided he is given the requested conditional use approval for the
ADU's. This would also enhance the pedestrian accessibility to town for the
renters, Another win/win solution.
B. Steam Margin Review
1. We have shown the proposed development plans to Ernst and Linda Kappeli,
who are the owners and operators of the Irrigation ditch that crosses the property,
They have expressed approval and support for this application and sent a letter
to that effect. (See attached Exhibit B).
2. As stated above, the Applicant is willing to consider granting a trail easement that
is being proposed by the Aspen Parks Department provided the ADU application
is satisfactorily resolved. However, we have no information on the specifics at this
time and cannot comment as to the possible impact it may have on the privacy
of the proposed residences, etc, We do wish to emphasize that any trail
development work would have to be done in such a way as to minimize
disruption of the natural riparian vegetation, especially trees, in keeping with the
Stream Margin Review standards.
In conclusion, we hope these comments and supplemental documentation will be useful in
reaching a mutually satisfactory resolution of the Application for Conditional Use (ADU) and
Stream Margin Review for this project. Please let me know if you need any further information,
Thank you for your cooperation.
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EXHIBIT A-5
OOL.f..~ IN'li::?TME:NT? CHARLES CUNNIFFE ARCHITECTS ~.
520lHYMAN. SUITE301 . ASPEH,C081611 ' TELE: 3113/925-5500 ' fAX: 31131115-5078 ~rl1
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FAJ!:C..!;:1.- A ot=f= PAl"1+'- """'E:... 22OlCOLORAOOAVE,' 80X1!63' TElLURlOl CO 81435 'TELUlI3/J28.3138' FAX:3113/1l8-9567 ".
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COL.",-::> IN\/EoSTMc't'--I1'S CHARLES CUNNIFFE ARCHITECTS ~.
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EXHIBIT B
July n 1996
Bob Nevins, Planner
Aspen/Pitkin Community Development
130 South Galena St,
Aspen, CO 81611
RE: Colas Conditional Use & Stream Margin Review
Parcel A off Park Avenue
Aspen, CO 81611
Dear Mr, Nevins,
We are the sole proprietors of the Aspen Ditch Group which owns and maintains the Aspen Ditch
and Water Right No, 451. Priority No, 640, which crosses the subject land parcel which you are
reviewing for development approvais, We have discussed the proposed location of the two
detached single family residences with Janver Derrington of Charles Cunniffe Architects who is
representing the applicant, Based on that conversation and after looking at the site plan and
section through the property, we understand that the nearest point of the building construction
to the ditch will be at least five (5) feet from the centerline of the ditch,
Our ditch maintenance operations are done by manual labor with hand toois only, since the
ditch is lined with wood and a back hoe or other mechanical devices would destroy it. The five
(5) foot minimum clearance, which only occurs at one column of the deck at Unit 1, is sufficient
for our purposes,
Our only concerns are for any damage that may be done during the construction process, We
expect the construction company to exercise diligence in not damaging the ditch in any way,
and being responsible to repair any damage or ieaks that develop because of the construction
process, Any rocks or dirt that fall into the ditch should also be removed immediately, We also
expect the construction company to provide sufficient supeNision so that lunch bags, plastics,
soda cans, and any other wastes are not 'disposed of" in the ditch and that any of such items
which may inadvertently fall in the ditch are retrieved, This standard should also apply to any
future owners, Given the steepness of the ditch bank with construction going on above it to
protect the ditch as well as the safety of children who may be living there in the future, it might
be necessary to culvert a section of the ditch with a 3 foot minimum diameter to make access
as simple as possible.
If these concerns can be addressed. we would like to express our approval and support of the
proposed development on this land parcel as presented in the application for Conditional Use
and Strearn Margin Review,
Sincerely,
ASPEN DITCH GROUP
C r .~
Ernst Kapper. /
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Exhibit B
MEMORANDUM
TO:
Bob Nevins-Community Development
THRU:
George Robinson-Parks Director
FR:
Rebecca Baker-Assistant Parks Director
John D. Krueger-Trails Supervisor
RE:
Colas Investment, LLC. Application for Conditional Use for the ADU and
Stream Margin Review
DATE:
July 29, 1996
After our site visit of July 29, 1996 to the applicant's property we would offer the
following comments,
In the application there is some discussion of the Aspen Area Comprehensive Plan and
trails and how they are incorporated into the Stream Margin Review, The discussion
states that there are no trail issues that impact the parcel.
In the Pedestrian Walkway and Bikeway System Plan, An Addendum to the
Park/Recreation/Open Space Trails Element of the Aspen Area Comprehensive Plan
(PED PLAN) issued in September of 1990, it states the goals and objectives of the
pedestrian and bikeway system in town, It emphasizes the need to connect existing trails
and develop trail corridors along and adjacent to water ways in the area. This trail
easement would also meet all of the right of way acquisition criteria listed in the PED
PLAN. This trail corridor is a critical link in the trail system that is now undeveloped
along the Roaring Fork River from Herron Park to Cooper Street. It has been a trail
development objective for some 30 years.
In conjunction with these goals, we would request a trail easement area below the
Riverside Ditch for the future trail construction. The easement area would be defined
with an upward northern limit as the centerline of Riverside Ditch south to the lower limit
the property boundary to (as shown on the attached GIS map of the area). This easement
will be a condition of approval for the Stream Margin Review Application.
This proposed easement area is not scheduled for development. A trail in this area
would have little impact on the development above it. The terrain and other conditions in
this area might mike it difficult to construct a trail. Flexibility is needed to properly plan
a trail alignment through this area. Therefore we would request an easement for the area
described to give the needed flexibility for trail design and construction.
COLAS2.DOc
I"""-<.
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Exhibit B
MESSAGE DISPLAY
TO ,Bob Nevins
CC
Nick Adeh
From: Chuck Roth
Postmark: Aug,Ol,96
7:46 AM
Subject: Reply to: Referral Memos
Reply text:
From Chuck Roth:
If access not created as outlot, provide new easement that
additionally states easement is unrestricted with no right for any
development on the easement which restricts the access intent and
that the intent is to convey a clear 20' travel access. Re~~re ADU
parking spaces because little or no on-street parking in area.
Eng'ring Dept to review maint. agreement & encroachment licenses
prior to execution, & new access easement. Include in condition snow
removal, not plowed to side, o~ access easement.
Preceding message:
From Bob Nevins:
Just a reminder that PjZ packets are due TODAY-Thursday, August 11
I would like memos for: pickus ADU (Eng.jParks) and Colas ADU and
Stream Margin (Eng). The Day Subdivision is on-hold until Planning
and the applicant reach an agreement on the affordable housing
mitigation component of the proposal. Let me know how you're doing
or if there are any problems. THANKS.
-------========x========-------
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MESSAGE DISPLAY
TO
CC
John Krueger
Trails
CC
Bob Nevins
From: Rebecca Schickling
Postmark: Ju109,96 5:39 PM
Status: Previously read
Subject: Reply to a reply: Colas Application
------------------------------------------------------------------------------
Reply text:
From Rebecca Schickling:
Unless it has changed, I thought stream margin and subdivision had
the two strongest languages regarding granting of trail easements as
conditions of approval, particularly if the cooridor had been
identified in a master plan. If this has changed, I'm concerned but
feel we need to fight for this ea.sement ( but we try to fight for all
these silly trail easements that never seem to work out anyway, but
we gotta try...). I understand that this is Danny Devito & Arnold but
Danny Sullivan has a trail easement in his backyard. Let me know. Thx
Preceding message:
From John Krueger:
Are they beyond the 100 ft stream margin limit for sure? I thought
that there was some discussion that they might not be. If not, cant
we require the trail easement?
From Bob Nevins:
I'll call Jan Derrington, the applicant's representative, to find out
what they're planning to do in terms of resubmitting their proposal.
I'm not sure how receptive they'll be to granting a trail easement,
but it's worth discussing with ~hem. I'll let you know more once I've
talked with Jan.
From John Krueger:
I got you message that the application was tabled. The Parks Dept
does want a trail easement from the applicant. The location to be
determined~probably above the ditch or close by. Do you need an
exact location and if so, when?
-------========x========-------
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PUBLIC NOTICE
RE: COLAS INVESTMENTS CONDITIONAL USE REVIEW FOR AN ACCESSORY
DWELLING UNIT AND STREAM MARGIN REVIEW
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, July 2, 1996 at a
meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, Sister Cities
Meeting Room, City Hall, 130 S. Galena, Aspen to consider an application submitted by COLAS
Investments, requesting Stream Margin Review and Conditional Use Review approval for two
approximately 336 square foot Accessory Dwelling Units to be attached to two proposed detached,
single family residences. The property is Parcel A, off Park Avenue at Regent Street and is
described as a tract ofIand situated in the SWII4 ofSE1I4 of Section 7 and the NW1I4 ofNE1I4 of
Section 18, all in Township 10 South, Range 84 West of the 6th P,M. being apart of the Mollie
Gibson Lode and part of the Lone Pine Lode. For further information, contact Bob Nevins at the
AspenlPitkin Community Development Department, 130 S. Galena St., Aspen, CO (970)920-
5102.
s/Sara Garton. Chair
Planning and Zoning Commission
WlCU\-ed. G/tI/%,
J.n€(rlV1~ton '
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,.,....."
MEMORANDUM
TO:
Aspen Planning and Zoning Commission
FROM:
Bob Nevins, City Planner
Dave Michaelson, Deputy Director D)/\ .
THRU:
DATE:
July 2, 1996
RE:
Addendum to Conditions of Approval
Colas Conditional Use Review for Two Accessory Dwelling Units and
Stream Margin Review
The comments from Engineering are not fully incorporated into the Community
Development Staff Memorandum Conditions of Approval. The following conditions
should be included as part of Staffs recommendations:
Condition 7. Building permit plans provide for storm runoff to be maintained on site
and not discharged to neighboring properties and the Roaring Fork River, as well as
providing erosion and sediment control both, during and after construction.
Condition 8. The applicant to be responsible for 50% of sidewalk, curb and gutter costs
adjacent to Park Avenue prior to the issuance of a Certificate of Occupancy. City
Engineering will evaluate whether to require construction or an agreement to constructQr
to reimburse the City for the costs of construction closer to the time of Certificate of
Occupancy issuance.
Condition 9. The applicant shall receive for approval and obtain the necessary permits
for work and development in public rights-of-way adjacent to private property from the
following Community Development departments: City Engineering (920-5080) for
design improvements, including landscaping, within public rights-of-way; Parks (920-
5120) for vegetation species; and Streets (920-5130) for street and alley cuts.
AMENDED RECOMMENDED MOTION: "I move to approve the conditional use for
two studio, accessory dwelling units and the stream margin review for the two, detached
single-family residences proposed on, Parcel A, off Park Avenue at Regent Street with the
conditions I -9 outlined in the Community Development Office Memorandum and
Addendum dated July 2, 1996."
~.
.~
.ill.A.
MEMORANDUM
TO:
Planning and Zoning Commission
Stan Clauson, Community Development Directof~
Dave Michaelson, Deputy Director"z:;:?'/1 .
THRU:
FROM:
Bob Nevins, City Planner
RE:
Colas Investments Conditional Use Review For Two Accessory Dwelling Units;
and Stream Margin Review
Parcel I.D, No. 2737-074-00-028
DATE:
July 2,1996
SUMMARY: The applicant is proposing to construct two, detached single-family residences on a
vacant 13,~55 s.f. lot within the R-6 zone district. As part of the development application, the
applicant is requesting: 1) conditional use approval for two, studio accessory dwelling units
(ADUs), each containing approximately 390 sJ. of net livable area and; 2) stream margin review
approval for the development of two residences within 100 feet of the high water line of the
Roaring Fork River.
The applicant's submittal packet is attached as Exhibit A. Referral memorandums from
Engineering, Housing and Parks are included as Exhibit B, Sections 26.40.090, Accessory
dwelling units; Chapter 26.60, Conditional uses; and Section 26.68.040, Stream margin, of the
Land Use Regulations are included as Exhibit C.
Staff recommends approval of the conditional use for the two studio, accessory dwelling units and
the stream margin review for the proposed development with conditions.
APPLICANT: Colas Investments, represented by Mr. Jan Derrington of Cunniffe Architects
LOCATION: Parcels A and B, are situated in the SW 114 of the SE 1/4 of Section 7 and in the
NW 1/4 of the NE 114 of Section 18, all in Township 10 South, Range 84 West ofthe sixth
principal meridian, Pitkin County, Colorado. The parcels are located off Park Avenue at Regent
Street and adjacent to Garrish Park in the City of Aspen,
ZONING: Medium-Density Residential (R-6/PUD)
LOT SIZE: 13,155 square feet (0.302 acres)
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PROPOSED LAND USE: Two, detached single-family residences with two accessory dwelling
units (ADU's), Two, detached residential dwellings are pernUtted on lots of 9,000 sJ. or greater
within the R-6 zone district.
FAR: Two detached residential dwellings on a lot of 9,000 sJ. or greater shall not exceed the floor
area allowed for one duplex, Lots 9,000-15,000 sJ. are allowed 4,080 sJ. of allowable floor area,
plus 6 sJ, of floor area for each additional 100 sJ. of lot area. Slopes over greater than 30% shall
be excluded from calculating allowable floor area. The total reduction in FAR attributable to slope
reduction shall not exceed 25%. Based on this criteria, the total allowable FAR for the property is
estimated to be approximately 4,132 s.f..
REVIEW PROCESS: Accessory dwelling units require conditional use approval by the Planning
and Zoning Commission at a public hearing. It is a one-step review and may be consolidated with
any other development application. Stream margin review is a one-step process at a meeting before
the Planning and Zoning Commission. It is not a public hearing and may be consolidated with any
other development applications.
BACKGROUND: Pursuant to Section 26,28.040(B)(3), two detached residential dwellings are a
pernUtted use on a lot 9,000 sJ. or greater within the R-6 zone district. The project has previously
been reviewed by the Design Review Architectural Committee (DRAC) November 9, 1995 and
May 9, 1996. The Committee's major concerns were: 1) the buildings orientation to the street;
2) the massing and scale within the public viewplane; 3) the setback along Garrish (Wilderness)
Park; 4) the "no window" zone; and 5) an interior entrance from the ADU into the living room of
the primary residence. The applicant modified the plans in accordance with the DRAC comments
and received Staff Residential Design approval on June 17,1996.
REFERRAL COMMENTS: The complete memorandums from Engineering, Housing and Parks
are included as Exhibit B.
STAFF COMMENTS:
Conditional Use Review: The purpose of the Medium-Density Residential (R-6) zone district is to
provide areas for long term residential purposes with customary accessory uses. The development '
proposal to construct two detached single-family residences and two, studio accessory dwelling
units on the residential lot complies with the intent of the Rc6 zone.
Pursuant to Section 26.60.040, Standards applicable to all conditional uses, the applicant meets the
standards: A) it is consistent with the purposes, goals, objectives and standards of the Aspen Area
Comprehensive Plan; , B) it is consistent and compatible with the character of the immediate
vicinity and surrounding land uses; D) there are adequate public facilities and services to serve the
conditional use; and E) affordable housing is being supplied by the creation of two studio ADU's.
2
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The development proposal does not adequately address standards C and F:
Standard C, Vehicular circulation, parking, trash, service, delivery, and emergency access have not
been fully resolved. The driveway width shown on Sheet A4.2, Unit 1 East Elevation B
(see Exhibit A) totals ten feet from the stacked boulders to the edge of the house. With the second
floor deck of the ADU overhanging four feet into the driveway, there is only six feet of
unobstructed access for delivery, service or emergency vehicles. The proposed deck should be
eliminated, relocated or the drive widened to allow service and emergency access to Unit 2.
Vehicular access into the garage of Unit 2 is also very difficult due to the narrowness of the
driveway, orientation of the garage, and the locations of the ADU/guest parking spaces. Due to the
distance of the proposed residences from the public street and the local neighborhood conditions,
adequate and functional off-street parking needs to be provided.
Standard F. The current submittal does not comply with all of the applicable requirements of the
land use regulations, The site improvement and topographic surveys are not signed and stamped by
a registered land surveyor and they are incomplete (see Engineering memo, Exhibit B). The
boulder retaining walls cannot be constructed as shown. ,A construction easement agreement would
need to be obtained from the adjoining property owners in order to retain the five-seven foot cut
bank that is indicated on the plans, The existing Bibbig residence encroaches into the access
easement. City Code requires that emergency accesses be twenty feet in width. The Fire Marshall
should review and approve the driveway access to ensure that the proposed development meets the
fire district requirements. The deck of Unit 1 (see Exhibit A, sheet A4.2, Unit 1 East Elevation B)
is located 2 1/2 feet from the centerline of the ditch. If this condition is acceptable to the ditch
company, written authorization and documentation should be provided to the City.
The two, studio ADU's are located above the garages. The units have separate, private, covered
exterior entries and decks. The studios each contain approximately 390 sJ. of net livable area, The
floor plans show an interior doorway that links the accessory dwelling units to the living area of the
main residence. It is Stafr s recommendation that this doorway be eliminated to provide a totally
separate living unit from the primary residence. One surface parking space per ADU is indicated on
the site plan along with one additional guest space. As discussed above, the current parking layout
does not function adequately for resident, service or emergency vehicles.
Stream Margin Review: Stream margins are areas located within one hundred feet, measured
horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within
the one hundred year floodplain where it extends one hundred feet from the high water line ofthe
Roaring Fork River and its tributary streams, or within a flood hazard area (stream margin),
Development in these areas shall be subject to heightened review so as to reduce and prevent
property loss by flood while ensuring the natural and unimpeded flow of watercourses. Review
3
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shall encourage development and land uses that preserve and protect existing watercourses as
important features.
The property is located within one hundred feet, measured horizontally, from the Roaring Fork
River. However, measured vertically, the site is considerably above the river and the flood hazard
zone. Pursuant to Section 26.68.040, Stream margin, the development proposal complies with
Standards (A) and (B)(1,2,3,4,5,7,9,1O,11,12,13,and 14). Standards (B)(6 and 8) are not applicable
to this application.
In evaluating this development proposal, the fifteen foot setback from the top-of-slope and the
progressive height limit defined by a forty-five degree angle drawn at ground level from the top-of-
slope are the critical stream margin considerations. As shown by the site section (see Exhibit A,
sheet A5.1,A- Building Section at Unit 1), the proposed residences are in compliance with these
review standards.
STAFF RECOMMENDATION: Staffrecommends approval of the two studio, accessory
dwelling units and the stream margin review with the following conditions:
1. The applicant shall submit to Engineering for review and approval, prior to the issuance of
any development orders, the following:
a) a complete site improvement and topographic survey prepared pursuant to Colorado
state statutes, signed and stamped by a registered land surveyor.
b) a construction easement granted by the adjoining property owners to permit the
installation of the boulder retaining walls or the submission of a revised site grading plan
that does not impact the adjoining properties.
c) the Fire Marshall review and approve in writing the proposed access drive and vehicular
circulation with respect to emergency access and fire safety,
d) the ditch company review and approve in writing, that there is adequate area for them to
access and maintain the ditch and whether or not an easement needs to be legally
described and recorded on the plat.
e) the on-site parking and vehicular access into the garages meet City design standards.
Prior to the issuance of any building permits, the applicant shall comply with the following:
a) the owner,shall submit the appropriate deed restrictions to the AspenlPitkin County
Housing Office for approval. Upon approval of the deed restrictions by the Housing
Office, the applicant shall record the deed restrictions with the Pitkin County Clerk and
Recorders Office with proof of recordation submitted to the Planning Department. The
deed restriction shall state that the accessory units meet the housing guidelines for such
4
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units, meet the definition of Resident Occupied Units, and if rented, shall be rented for
periods of six (6) months or longer; and
b) kitchen plans shall be verified by the Housing Office to ensure compliance with
specifications for kitchens in ADU s.
c) the ADU s shall be clearly identified as a separate dwelling units on building permit'
plans and shall comply with the 1994 U.B.C. sound transmission control guidelines.
d) a landscaping plan shall be submitted for review and approval by the Parks Department.
Tree removal permits shall be required for the removal or relocation of any tree greater .
than six inch caliper.
3. Prior to issuance of a Certificate of Occupancy, the Planning Department shall inspect the
accessory dwelling units to ensure compliance with the conditions of approval,
4. No vegetation shall be manipulated outside of the building envelope, and the envelope
bOlmdary along the Roaring Fork River shall be barricaded prior to issuance of any building
permits,
5. Silt fencing shall be used during construction to prevent runofffrom disturbed soils from
entering the river. Revegetation is required for any disturbed soil on the site.
6, AIl material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
ALTERNATIVE RECOMMENDATIONS: Combined development applications requesting
conditional use and stream margin review may be considered and approved separately or together.
Planning and Zoning Commission may approve the conditions above, approve additional
conditions or disapprove the conditional use and stream margin review for the two, detached single-
family residences proposed by Colas Investments.
RECOMMENDED MOTION: "I move to approve the conditional use for two studio, accessory
dwelling units and the stream margin review for the two, detached single-family residences
proposed on Parcel A, off Park Avenue at Regent Street with the conditions outlined in the
Community Development Office Memorandum dated July 2, 1996".
Exhibits:
"A" - Conditional Use and Stream Margin Review Application
"B" - Referral Comments
"c" - Land Use Code: Section 26.40.090; Chapter 26.60; and Section 26.68.040
5
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June 7, 1996
Exhibit A
c: I '
. v'
{ A
"''':~
Mr, Stan Clausen
Community Development Director
CITY OF ASPEN
130 South Galena
Aspen, Colorado 81611
re: Two detached single family residences for
COLAS INVESTMENTS, LLC.
Parcel A off Park Avenue at Regent St.
Aspen, Colorado
Dear Stan,
~.
~~
ARCHITECTURE
PLANNING
INTERIORS
Pursuant to the review and approvai of Ordinance 30 design Standards with the DRAC on
May 9, 1996, we are submitting herewith on behalf of Colas Investments LLC., the Application
for Conditional Use for the ADU (s) and Stream Margin Review, We are aware that the
Conditionai Use Review requires a Public Hearing before the Planning and Zoning Commission
and will cooperate with you in meeting the required deadlines.
We are readily available to review our submission package with you or a designated
representative of the Planning Office in a pre-application meeting as suggested in your
Standard Application Package. Please let us know if you require any further documentation.
Sincerely,
Janver Derrington
Project Architect
CHARLES CUNNIFFE ARCHITECTS, 520 EAST HYMAN' SUITE 301 . ASPEN, COLORADO 81611 . 970/925-5590 FAX 970/925-5076
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ASPEN/PITKIN
COMl\tIUNITY DEVELOPMENT DEPARTMENT
Agreement for Pavment of Citv of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and
(hereinafter APPLICANT) AGREE AS FOLLOWS:
Colas Investments, L.L.C.
1. APPLICANT has submitted to CITY an application for
Two detached single family residences, Parcel A off Park Avenue at Regent St. Aspen, CO
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 53 (Series of 1995) establishes a fee structure t'or Planning applications and
the payment of all 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, anti
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 monthlv 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 incurred.
CITY agrees it will be benefited through the greater certainty of recovering its full
costs to process APPLICANT'S 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 [() enahle the Planning Commission
and/or City Council to make legally required findings for project approval. unless
current billings are paid in full prior to decision,
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5. Therefore, APPLICANT agrees that in consideration of the CITY's
waiver of its right to colIect fuII fees prior to a determination of application
completeness, APPLICANT shall pay an initial deposit in the amount of $
which is for _ hours 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 made within 30
days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing.
CITY OF ,ASPEN
~I (('
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; ,
By: ~ \,'''--,''
Scllf~ lauson - ,
Community Development Director
APPLICANT
COLAS INVESTMENTS, LLC.
By:
Date:
Mailing Address:
9718 1/2 Oak Pass Road
Beverly Hills, CA 90210
2
~ ATrl\C8MENT :l
U\ND USE APPLiCATION FORM
Two detached single family residences
^
:l)
2)
Project Name
Project IDeation Parcel A, off Park Avenue at Regent Street, City of Aspen
(see attached Exhibits B & C)
(inlicate street address, lot & block rnnnhPr, legal description where
appropriate)
3)
5)
13,155 SF
4) rat size
Investments, Inc.
Present zoning R-6 (PUD)
(see attached Exhibit E) Colas
Aj;:plicant 's Name, lId)ress & :Ehone #
9718 1/2 Oak Pass Road, Beverly Hills, CA 90210 (310) 205-0406
Sylvio Tabet clo Paul Taddune, Attorney
6)
Representative's Name, 1\cldress & :Ehone if
323 West Main St. Aspen, Colorado 81611
,(970) 925-9190
7)
Type of Awlication (please checlc all that apply) :
X Corx:litional Use
O::lnceptlial. SPA
_ Concept:ual Historic Cev.
_ Special RevieN
Final Historic Cev.
F.L"lal SPA
8040 Greenline
Conceptual RID
Minor Historic Cev.
x Stream Marg'
_ m
Final RID
Historic Lem:Jliticn
_ l'bmtain 'lieN Plane _ SUl:divisicn
_ Corrlominiumization _ ~jMap Anerrlment
_ Lot SplitjIDt Line
Mjusbrent
8) Description of Existin:::r Uses (T""m-N>r and type of exi.stirxJ struct:ures;
approximate sq. ft.; J'lIm+.>~ of l=h.,-,,-,=;. any previous approvals granted to tl'.e
property) .
_ Historic D:signation
_ GClS Allotment
_ GClS, Exelllption
None
9)
Description of CevelcpDent At;plicatian .
Two detached single family residences on a parcel of land frontlng Dn the
Roaring Fork River that is accessed via a deeded easement across the residential
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lot to the east, currently owned by Dieter Biggig.
10) Have you attached the following?
~ Response to Attachmerrt 2, Min.i.uJ.lm S"mk"'ion Contents
.,lIeS..- Resp::>nse to Attachmerrt 3, Specific Sl1m; "''''ion Contents \
...'@L Response to Attachmerrt 4, Review starrlards for Your At;plication
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ATTACHMENT 2
Minimum Submission Contents for All Development Applications
All Development Applications shall include, at a minimum,
the following information and materials.
1. The applicant's name, address and telephone
number, contained wi thin a letter signed by the
applicant stating the name, address, and telephone
number of the representative authorized to act on
behalf of the applicant. (SEE ATTACHED LETTER, LABELED
EXHIBIT A) ,
2. The street address and legal description of the
parcel on, which the development is proposed to
occur. SEE ATTACHED WARRANTY DEED/TITLE COMMITMENT, LABELED
EXHIBIT B, PAGES 1 AND 2. '
3. A disclosure of ownership of the parcel on which
the development is proposed to occur, consisting
of a current certificate from a title insurance
company, or attorney licensed to practice in the
state of Colorado, listing the names of all owners
of the property, and all mortgages, judgments,
liens, easements, contracts and agreements
affecting the parcel, and demonstra~ing the
owner's right to apply for the Development
Application. (SEE ATTACHED WARRANTY DEED/TITLE COMMITMENT,
LABELED EXHIBIT B, PAGES 1 THROUGH 12)
4. An 8 1/2" x 11" vicinity map locating the subj ect
parcel within the City of As!,-en. (SEE ATTACHED MAP, LABELED
EXHIBIT C)
5. A 'written description of the proposal and an
exolanation in written, graphic or. moc,"l form of
how the proposed development complies with the
review standards relevant to the Develooment
Application. (SEE ATTACHED LETTER, LABELED EXHIBIT DJ
attach2.applications
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ATTACHMENT 3
specific Submission Contents: Development Application
for stream Margin Review
The Development Application for development in an Environ-
mentally Sensitive Area (ESA) shall include the following:
A. A plan of the proposed development, which shall depict
at a minimum the following information:
1. The boundary of the property for which development
is requested. (SEE ATTACHED DRAWINGS, LABELED EXHIBIT E-1
AND E-2)
2. Existing and proposed improvements. (SEE ATTACHED
DRAWINGS LABELED EXHIBIT [-2 AND E-3)
3. Significant natural feat~res, including natural
hazards and trees. (SEE ATTACHED DRAWING, LABELED
EXHIBIT E-2)
B. For development subj ect to st::-eam margin revie'No, the
plan shall depict:
1. The lOo-year floodplain line and the high c..;ater
line. (SEE ATTACHED REPORT, LABELED EXHIBIT F)
2. Existing and proposed grades at two-foot cc~~=urs,
with five-foot intervals for grades over ten
percent (10%). (SEE ATTACHED DRAWING, LABELED EXHIBIT E-3)
J. When development is proposed in a special flood
hazard area: accurate elevations (in relation to
mean sea level) of the l.;,west: floor, inc':'uding
basement:, of all ne'., or SUbstantially i::1;;:::-oved
structures; a verification and recordation of the
actual elevation in relation to mean sea leve~ to
which any structure is const=~ctec: a
demonstration that all new construction or
substant~al improvements will be anchored to
prevent floatation, collapse or ,lateral movement
of any s~~ucture to be constructed or improved; a
demonstration that the st:::-uct"...l.re will ha'/9 the
lowest floor, including, base!l\ent, elevated to at
least two (2) feet above the base flood elevacion,
all as certified by a registered profess~onal
eng ineer- or architect. (SEE ATTACHED REPORT LABELED
EXHIBIT F)
4. A descriptiojl of proposed constr~ction techniques
to be used. (SEE ATTACHED OUTLINE SPECIFICATIONS, LABELED
EXHIBIT G, PAGES lTHROUGH4 )
att3.str-eammar-gin
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ATTACHMENT 4
Review Standards: Development in Stream Margin
No devel.opment shal.l be permitted within one hundred feet
(100'), measured horizontally, from the high water l.ine of the
Roaring Fork River and its tributary streams, or within the
Special Fl.ood Hazard Area where it extends beyond one hundred
feet (1.00') from the high water line of the Roaring Fork River
and its tributary streams, unless the Commission makes a
determination that the proposed devel.opment compl.ies with al.l. the
standards set forth bel.ow.
1. It can be demonstrated that any proposed devel.opment
which is in the Special. Fl.ood Hazard Area will not
increase the ,base-flood elevacion o'n the parcel
proposed for development. This shall,be demons1:rated
by an engineering study prepared by a professional
engineer registered to prac~ice ~n the State of
Colorado which shows chat the base fl.ood elevation will
not be raised, including, but not limited to, proposing
mitigation techniques on or cff-site which compensate
for any base flood elevation inc:::ease caused by the
development.
2. Any t:::ail on the parcel designated on the Aspen Area
Comprehensive Plan: Parks/Recreation/Open Space/Trails
Plan map is dedicated for public use. (NOT APPLICABLE, SEE
ATTACHED MAP, LABELED EXHIBIT H)
3. The recommendations of the Roaring Fork Greenway ?lan
are implemented in the proposed:plan for development,
to the greacest extent pract:icable. (THESE WERE ADOPTED INTO
THE STREAM MARGIN REVIEW STANDARDS, WHICH ARE BEING ADHERED TO.)
4. No vegetation is removed or slope grade changes made
that produce erosion and sedimen~ation of t~e st=ean
bank. (NO DISTURBANCE WILL BE MADE BELOW THE TOP OF BANK. (SEE ATTACHED
REPORT LABELED EXHIBIT D AND DRAWING LABELED EXHIBIT E-3)
5. To the greatest extent practicable, the proposed
development reduces pollucion and interference with the
na tural changes 0 f the river, stream or ct:her
tributary. NO DEVELOPMENT IS PROPOSED IN THE WATER COURSE. (SEE
ATTACHED REPORTS LABELED EXHIBIT D AND F)
6. Written notice is given to the Colorado Water
Conservation Board prior to any alteration or
relocation of a water course, and a copy of said n8tice
is submitted t~ the Federal Emergency Manage~ent
Agency. NO DEVELOPMENT IS PROPOSED IN THE WATER COURSE. (SEE
ATTACHED REPORTS LABELED EXHIBIT D AND F)
7. A guarantee is provided in the event a water course is
al.tered or relocated, that applies to the developer and
his heirs, successors and assigns that ensures that the
flood carrying capacity on the parcel is nct
NO DEVELOPMENT IS PROPOSED IN THE WATER COURSE. (SEE ATTACHED REPORTS
LABELED EXHIBIT D AND F)
~
.-
I .
diminished.
8. Copies are provided of all necessary federal and state
permits relating to work within the one hundred (100)
year floodplain. NONE WILL BE REQUIRED rSEE ATTACHED REPORT,
LABELEn EXHIBIT F)
9. There is no development other than approved 'native vegetation planting
taking place below the top of slope orwithinfUteen (15) feet of the
top of slope or the high waterline, whichever is most restrictive.
This is an effort to protect the existing riparian vegetation and bank
stability. If any development is essential within,this area, it may
only be approved by special review pursuant to Section 26.64.04 (D)
(refer to Figure "A" below for illustrative punposes); and (SEE
ATTACHED REPORT LABELED EXHIBIT DAND DRAWING LABELED EXHIBIT E-3 AND E-7)
10. All development outside the fifteen:.(15) foot setback from the top of
slope does not exceed a height delineated by a, line drawn at a forty-
five (45) degree angle from ground level at the top of slope. Height
shall be measured and determined by the Zoning Officer utilizing that
definition set forth at Section 26.04.100 (refer to Figure A below for
illustrative purposes); and (SEE ATTACHED DRAWING, LABELED EXHIBIT E-7)
,
11. A landscape plan is submitted with all development applications. Such
plan shall limit new plantings (including trees, shrubs, flowers and
grasses) outside of the designated building envelope on the river sid~,
to native riparian vegetation; and (SEE ATTACHED REPORT LABELED EXHIBIT
D AND DRAWING LABELED EXHIBIT E-3)
12. All exterior 1ighting is low and downcast with no light(s) directed
toward the river or located down the slope; and (SEE ATTACHED REPORT,
LABELED EXHIBIT D)
13. Site sections drawn by a registered architect, landscape architect, or
engineer are submitted showing all existing and. proposed site elements,
the top of slope, and pertinent elevations above sea level; and (SEE
ATTACHED DRAWING, LABELED EXHIBIT E-7)
14. There has been accurate identification of wetlands and riparian zones.
(SEE ATTACHED REPORT, LABELED EXHIBIT F)
2
-.
,-.
ATTACHMENT 4
Specific Submission Contents
Conditional Use Review
For two (2) Accessory D\,!ell ingUnits
The request a Conditional Use Review shall contain the following
items:
1. A written description of the existing conditions on the
property which are requested to be altered via the
amendment or exemption. {SEE ATTACHED !-ETTER, !-ABE!-EDEXHIBIT D)
2. Such site plan drawings or elevations as may be
necessary to adequately evaluate the proposed amendment
or exemption. ' (SEE,ATTACHED DRAWINGS, !-ABE!-ED E~l THROUGH E-7)
3. A listing of all previous development approvals granted
to the property, with the approximate dates of said
approvals: (SEE ATTACHED MINUTES OF DRAC REVIEW DATED NOVEMBER 9, 1995
AND MAY 9, 1996; !-ABE!-ED EXHIBIT' I, PAGES 1 THROUGH 12.
4. A copy of any recorded document which affects the
proposed development, including but not limited to
recorded plats, agreements and deed restrictions; If
changes are proposed to said recorded documents, these
should be "red-lined" onto a copy of the original
document. (SEE ATTACHED WARRANTY DEEDjTIT!-E COMMITMENT, LABELED
EXHIBIT B)
,^,
TADDUNE & GUEST
ATIORNEYS AT LAW
EXHII:lII A
f'\
323 WEST MAIN STREIIT, SUITE 301
AsPEN, COLORADO 81611
PAUL J. TADDUNE, I',c.
WILLIAM K. GUE..,T, P.C.
TELE"HONE (970) 925-9190
"ACSIMILE (970) 925-9199
ANDREW H. BUSCHER
OF COUNSEL
November 2, 1995
Aspen/Pitkin Community Development Dept.
130 S. Galena st.
Aspen, Colorado 81611
RE: Parcel A, Off Park Avenue at Regent street
To Whom it May Concern:
As attorney-in-fact for Colas Investments, LLC, c/o Sylvio
Tabet, 9781 ~ Oak Pass Road, Beverly Hills, CA 90210, I hereby
authorize Jan Derrington, Charles Cunniffe ArChitects, 520 East
Hyman Avenue, Aspen, CO, Tel. no. (970)920-6825 to act as
representative of Colas Investments, LLC, and Sylvio Tabet, to act
as the representgtive of and to act on behalf of Colas Investments,
LLC, and Sylvio Tabet, with regard to development application
pertaining to that property cohveyed by Deed dated May 2, 1995,
recorded in the real estate records of Pitkin County on May 3, 1995
in Book 779 at Page 900.
Paul J. Taddune
=-~J T~
,
PJT:ns
cc: Sylvio Tabet
whoseJeguaddressb c/o Chris To1k, Reese Henry & Company Inc. 400 East Main Street,
Aspen, Colorado 81611
oC lhe County oC Pitkin and Slale oC Colorado ,granlee:
C3' WfJ'NESSIl11J,Thatlhegranlorlorandlncon,;deral;onoflhesumo( TEN AND OTHER GOOD AND VALUABLE CONSIDERA
TION---------------------------($10.0Q)------------------------------------DO~S.
the receipt and sufficiency oC wWcb Js bereby acknowledged, hall granled, bargalned, sold and conveyed, and by tbese prosents docs
. granl, bargaIn, seU, convey and coafinn, unto the granlee, his heirs and assIgns forever, alllbe real property together with Improvements, If any,
situate, lying and being in (be County oC Pitkin and Stale
of Colorado described as Iollows:
PARCEL A:
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p-~' 1215/03/95 09: ',,7~l PG, 1 ( 13
.'ITI<IN COUNTY CLERf< & REC~ER
or LL
DOC
71.00
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380983 8-779
SILVIA DAVIS
FlEC
15.00
WARRANTY DEED
TIllS DEED, Made Ihi,
2rxl.
day oC
May
1995 . between PETER HEINEMAN
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,
Jefferson
and State of
Colorado
oItbe
County of
gran lor, and
SYLVIO TABET, As Nominee for an Und~sclosed Principal
A tract of land situated in the Southwest aE'-qUarter of the SoutOOast
aE-quarter of Sectioo 7 and the No~t one'-qUarter of the NortOOast
one-quarter of Sectioo 18, all in 'Itilnship 10 South, Rar:ge 84 West: of the 6th
P.M. being a part of TJ:e MJllie Gibscn lode (U.S.M.S. No. 4281 AueOOed) and part
of TJ:e I..ol:E Pine lode (U.S.M.S. No. 191O), described as follows:
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Beginning at Corner No. 3 of said MJllie Gibscn Lode;
(Continued), '
as known by slIeet and Dumber,as: PARK AVENUE
ASPEN mWRAIXJ 81611
TOG:b'T1JER witb all and singular &he hereditaments and appurtenances IlIr'elo belong.lng, or In anywIse appertaining, and lhe reversion and
reversions, remainder and remainders, rents, issues and profits thereof, and all tbe estate, rIght, title, Interest, claim and demand whalsoever oftbe
grantor, either Jo Jawor equity. of, in and to tbe above bargained premises, willl the hereditaments and appurtenances.
1'0 UA VE AND TO nOLD the said premises above bargained and described, with tbe appurtenances, unto tlte grantee, Ids heirs and assigns
I(>cever. AnC: !.he grantor, lor himseIC, his heirs. and person3.l representatives, does covenant, grUlt, harg\~n, and agree to and with the gran lee, his heirs
and assigns. thai at Ihe Ume of the ensealiog and delivery of tbese presenls, he Js well seized of tbe premIses above conveyed, has good. sure, perfeet,
absolute and Indefeasible estate of Inheritance. In Jaw, in lee simple, and has good dgbt, IuU power and lawful authority to granl, bargain, sell and
convey tbe same in manner and fonn as aCoresald, and tbat the same are Iree and clear from all fonner and other grants, bargains, sales, liens, laxes,
assessments, encumbranCe!: and restrictions of whatever kind or nature soever, except th os e eas emen t s, re s e rv a t ions,
restrictions and other matters ,/more,particulatly described, in the Exhibit A attached
,hereto and made a part hereof. AND except general real estate taxes for 1995 and
subse~uent years which after adju~tment and proration as of the day hereof;
Grantee assumes and agrees to pay.
TIIC grantor shaJl and will WARRANT /\NO FOREVER DEfEND the above-bargained premises jo the quiet and peaceable possession of the
grantee, his heirs and assigns, against aU and every person or persons lawfuUy claimIng lhe whole or any part thereof. The singular number shall
Include the plural; the plurallhe singular. and lhe useof Bny gcndc.r sh~lJ be applica.bl~ to all ~en{1e(s.
IN WrrNESS WllEREOli', the grantor has executed Utis deed on the dale set forlh above.
~.~
J?E.l'ER HEINEMAN
II
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111e lorcg,oing instrument was a~~ged before me this
by p/?;~ /-l..Q.:^~~ '
ss,
& q r.b.
My commission e:tpires I I - d- '1
,19 '1 ~WHness my hand and o{(iclal se,d.
No. 9321\. Ref,1-84 Wllrranly Detd(for MIOI."rnrh1c. RtcOrd)
403891 I pslc
EXHIBIT B
Enter legal descr-" ~.icn (continued)
'I:heroa North 38.c....JO" East, 100.00 feet al~ Lin. ~-3 of said MJ11ie Gibscn
UXIe 1:0 the nost Westerly = of lDt 2, Sunny Park Sub:livisicn;
'I:heroa South 43.40'00" East, 114.00 feet al~ he Southwesterly line of said LDt
2;
'I:heroa South 46.20'00"West,
'I:heroa South 43.40' 00" East,
'I:heroa South 52. 40' 00" West,
Gibscn UXIe;
'I:heroa North 34.17'00" West, 6.86 feet al~ said Lir.e 3-4 1:0 the intersection
with Lir.e 2-3 of said lJ::Ja3 Pine Lcx:1e;
'I:heroa North 44.30'00" West, 92.80 feet al~ said Lir.e 2-31:0 Corner No, 2 of
saidlJ::Ja3 Pine UXIe;
'I:heroa North 45.30'00" East, 16.70 feet'al~ Lir.e 1-2 of said lJ::Ja3 Pine Lode to
the intersectioo with Lir.e 3-4 of said MJ11ie Gibscn Lcx:1e;
'I:heroa North 34. 17' 00" West, 28.90 feet al~ said Lir.e 3-4 1:0 The Point of
Begirln.i1YJ
PAGE 2 OF 12
86.00 feet;
32.60 feet;
34.33 feet 1:0 a point on Lir.e 3-4 of said !'bl1ie
arxi also
PARCEL B:
A road easerent situated in the Sou~t Clfla-quar;ter of the Sout:ffiast
Clfla-quarter of Sectioo 7 arrl the North>-.Bst cna-quarter of the Nort:OOast
cn3-quarter of Secticn 18, all in Township 10 South, Range 84 West of the 6th
P.M., lJei.n;;j a part of !'bllie Gibson UXIe, U.S.M.S. No. 1910, arxi part of Lot 3,
Sunny Park Sub:livisicn, being 20.00 feet in width lying 10.00 feet on each side
of the fo11CMin;l' described centerline;
Begirln.i1YJ at a point 00 the Southeasterly line of said Lot 3 wreoce Corner No. 3
of said !'blUe G;ibscn UXIe bears lbrth 71.45'19" West, 298.26 feet;
'I:heroa 28.61 feet al~ the aID of a curve to the right havinJ a radius of 30.00
feet;
'I:heroa 42.00 feet al~ the aID of a curve to the left having r<idius of 140.00
feet; "
'I:heroa North 66.55'00" West, 57.00 feet;
trer:ce 16.23 feet al~ the aID of a curve to the right having a radius of 40.00
feet;
trer:ce North 43.40'00" West, 32.00 feet 1:0 a point 00 the Southeasterly line of
the Ban::ker property.
:58l/J~as
B-T73 P-900 05/~3/9S 09:~7A PG 2
OF 3
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EXHIBIT "A"ATI'ACHED TO J\ND Ml\DE A PARI' OF THE WARRANTY DEED
1. Right of t:ha Proprietor of a Vein or Lode to extract am rarove his ore
'I:OOrefran, sixJuld t:ha sane be founj to penetrate = intersect t:ha
pranises hereby granted, as rese:rvW in United States Patent rea:>rded May
20, 1949, in Book 175 at Page 169 am in Book 175 at Page 171.
2. lID:y am all mining am m:lmral rights as rese:rvW in t:ha Deed fran 'Iha
I.ca3 Pine Mining Canpany to Han:y W. Poschnan am Jana E. Poschnan
recorded N::Jvember 10, 1958, in Book 185 at Page 492.
3. Water 1Igrearent between John L. Herrco. am 'Iha Royal Lam Co,:poraticn
recx:xrded N::Jvember 20, 1964, in Book 210 at Page 206.
4. lID:y rights, interests = easerents in fav= of t:ha State of Colorado,
t:ha United States of l\nerica, = t:ha gerera1 public, which exist = are
clained to exist in, over, uOOer am/or across t:ha waters am present
arxi past bed am banks of 'Iha RoarinJ Fork River.
5. Vestee Subject to C.R.S. 38-30-108, 1973, as arrended.
380983
8-779 P-,0! ~/03/95 09:47R PG 3
OF 3
,~ .6'
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EXHIBIT~- PAGE 4 OF 12
Form 1766
Commitment Face Pogo
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
First American Title Insurance Company
FIRST AMERICAN TITLE INSURANCE COMPANY, herein called the Company, for valuable consideration,
hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed
Insured named in Schedule A, as owner or mortgagee of the estate or. interest covered hereby in the land described or
referred to in Schedule A, upon payment of the premiums and charges therefor; all subject t9 the provisions of Schedules
A and B and to the Conditions and Stipulations hereof. .
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy
or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance
of this Commitment or by subsequent indorsement.
ThisCommitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obli-
gations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies
committed for shall issue, whichever first occurs, provided that the failure to issue such policy or p-olicies is not the fault
of the Company, This Commitment shall not be valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment, to be signed and sealed, to become valid when
countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. This Commitment
is effective as of the date shown in Schedule A as "Effective Date."
ASPEN TITLE CORPORATION
600 Easl Hopkins Avenue, Suite 305
Aspen, CO 81611
(303) 920-4050
Fax: (303) 920-4052
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Agent for:
First American Title Insurallce Company
First American Title Insurance Company
6Y r?~xt fi- J
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AlTEST /l) evt:i. J( ~
PRESIDENT
SECRETARY
aY
COUNTERSIGNED
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COMMITMENT
SOIEIm.E ll.
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1\1''''11;; I3llRRCMS
~. N & MJRSE ASPEN
514 El\ST HYMlIN AVE
ASPEN CO 81611'
1. Effective Date:
OC/dc
April 4, 1995 at 7:00 AM
Order No. 403891 -C4
OJstaner Reference HEINEMI\N
2. ALTI\ Owner's Policy
Proposed Insured:
l\m:JUn.t:
PAUL Tl\D1JNE, n:xninee for an urrlisc10sed prin:::ipal
3. ALTA Loan Policies
Proposed Insured:
l\m:JUn.t: $
WUI.roAD SAVIN:>S BANK, FSB
Proposed Insured:
l\m:JUn.t: $
4. '!he estate or interest in the land des=ibed or referred to in this Ccmni:buent and
covered herein is:
FEE SIMPLE
and title thereto is at the effective date hereof vested in:
PETER HEINEMAN
\
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issued by:
Aspen Title Corporation
600 E. Hopldns Avenue, 11305
Aspen Co., 81611
Fax (303) 920-4052
(303) 920-4050 Denver 595-8463
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Owner's Prem1wn: $
Lerrler's Premium: $
Add' I Lerrler Olg: $
lIdd '1 Olarges: $
Tax Certificate: $
Erx'lorsesrent Olg: $
1'BD Charges: ' $
'IOTAL amnGES: $
FIRST lIMERICAN TITLE INSURAN:E CXl'1PANY
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COMMITMENT
, EXHIBIT B - PAGE 6 OF 12
.. .~
Plat id No.
Orrler No. 403891 -C4
^
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SQlEOOLE A (o:ntinued)
'It-.e land ref&red. to in the Ccmni:tment is =vering the land in the State of
Colorado, County of Pitkin, des=ibed as follows:
PARCEL A:
11 tract of land situated in the Southwest one-quarter of the Soutbeast
one-quarter of Section 7 and the Northwest lJD6-quarter of the
Northeast one-quarter of Section ,18, all in Township 10 South, ~e
84 West of the 6th P.M. be.:I.ng a part of Tbe MJllie Gibson lDde
(U.S.M.S. No. 4281 l\!rerrled) and part of The lone Pine lDde (U.S.M.S.
No. 1910). described as follows:
Beginning at Corner No. 3 of said MJllie Gibson lode;
-t:hen::2 North 38.00'00" East, 100.00 feet along Line 2-3 of said MJllie
Gibson lDde to the rrost Westerly co=er of lot 2, Sunny Park
Subdivision;
-t:hen::2 South 43.40'00" East, 114.00 fee'\; along he Southwesterly line
of said lot 2;
th=n::e South 46.20'00" West, 86.00 feet;
-t:hen::2 8<?uth 43.40'00" East, 32.60 feet;
thence South 52.40'00" West, 34.33 feet to a point on Line 3-4 of said
t-bllie Gibson lDde;
th=n::e North 34. 17 '00" West, 6.86 feet along said Line 3-4 to the
intersection with Line 2-3 of said lone Pine lDde;
tbeoc:e North, 44.30'00" West, 92.80 feet along said Line 2-3 to Corner
No. 2 of said Lone Pine lDde;
thenoe. North 45.30'00" East, 16.70 feet along Line 1-2 of said Lone
Pine Lode'to the intersection with Line 3-4 of said MJllie Gibson
lDdef
-t:hen::2 North 34.17'00" West, 28.90 feet along said Line 3-4 to The
Point of Beginiung
and also
PARCEL B:
A road easerrent situated in the Southwest one-quarter of the Southeast
one-quarter of Section 7 and the Northwest one-quart;ei- of the
Northeast one-quarter of Section 18, all in Township 10 South, ~e
84 Wes't of the 6th P.M., be.:I.ng a part of MJllie Gibson lode, U.S.M.S.
No. 1910, and part of lot 3, Sunny Park Subdivision, be.:I.ng 20.00 feet
in width lying 10.00 feet on each side of the following described
centerline;
Beg~ at a point,on the Southeasterly line of said lot 3 wlJeOC:e
Corner No. 3 of said MJllie Gibson lode bears North 71.45' 19" West,
298.26 feet;
thenoe 28. 61 feet along the i:Jrc of a =ve to the right having a
radius of 30.00 feet; I ;
(Continued) I '
FIRST AMERICAN TITLE INSURAN:E cx:t'1PANY
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,EXHIBIT B, - PAGE 7 OF 12
. !~'l,
(continued) Order No. 403891
I.JroJl.L DESOlIPI'ION
1:he.rx:le 42.00 feet along the arc of a '=va to the left having radl.us
of 140.00 feet;
1:he.rx:le N:Jrt:h 66.55' 00" West, 57.00 fee't;
1:he.rx:le ,16.23 feet along the arc: of a =va to the right l1av:l,ng a
radl.us of 40.00 feet;
1:he.rx:le'North 43.40'00" West, 32.00 feet to a point on the
Southeas'terly line of the Baoc:ker property. " ,
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FIllST 1\MEIUClIN TITLE INS\.JRI\l'K:E CXl1Pl\NY
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COMMITMENT
, EXHIBIT B - PAGE ~ Ut l'
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SOIEDULE B
Order No. 403891 -C4
Section 1
REl;JJIRE11ENTS
THE FOLLOWING lIRE THE ~ TO BE \Xt'1PLIED WI'l1!:
Itan (a) paym;nt to or for the a=un-t of the gran-tors or trOrtgagors of the full
consideration for the esta'te or interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insu:rnd must be
executed and duly filed for record, to wit:
1. Deed fron PErER HEINEMAN to PAUL TADUNE, as noninee for an urrlisclosed
principal.
N:JTE: Duly executed real property transfer declaration, executed by ei~
the Grantor or Grantee, to a=npany tlle Deed mentioned above, pursuan't to
Article 14 of House Bill No. 1288 - ~ 39-14-102.
2.
Deed of Trust fran PAUL TADUNE, noninee for an undisclosed principal
Public Trustee of Pitkin County for tl1E! use of Rl\IillOAD SAVINGS BlINK,
to secure $250,000.00 . '
to the
FSB,
3. EViderx:Je satisfactory to the Ccmpanyor its duly authorized agent either (a)
tl1at the "real estate transfer taxes" intposed by Ordinance No. 20 (Series of
1979), and by Ordinarce No. 13, (Series of 1990), of the City of 1\spen,
Colorado have been paid, and that the liens imposed tloereby have been fully
satisfied, or (b) that Certificates of Exemption have been issued pursuant to
the provisions thereof.
N:JTE: Vestee subject to C.R.S., 38-30-108, 1973, as amanded.
A CERrIFICATE OF Tl\XES WE LISTIN3 El\OI TAXIN3 JURISorCl'ION SHALL BE OBTAINED
FRCM THE' o::xMIY 'l'REASURER OR THE CXJ.Jm'Y TREASURER'S AtJI'HORIZED AGENT roRSUl\Nr
TO 1983 C.R.S., 39-1-102 (14.5) AT A OlARGE OF 810.00 El\CJl 'TO THECUS'lU'1ER.
TI-lE ~ POLICY, W1'lEN ISSUED, WILL OJNTAIN 'l1lE FOLLOWI~ ENlXlRSEMENT
FORM( S ), PROVIDED THAT APPLICABLE SC1fE[J.JlliD OIARGES IN 'lHE AM:JUNT( S )
FOLLOWIN3 El\O-l ENlXlRSEMENT ARE PAID 'TO THE CO'1PANY OR ITS WLY AUT.HORIZED
AGENT.
8.1 $30.00.
FIrsT 1\MER1CAN TITLE INSURAN::E CXMPANY
,.-.. ,EXHIllIT B~ PAGE 10 uF
. ..1" "
EXCEPTIONS (=tinued) Order:' No. 403891
~. Any arrl aU unredeemed 'tax sales.
12
-C4
l,
NJI'E: Upon receipt of a Certificate of Taxes Due eviden::ing that there are no
existing open tax sales, the above exception will rot ,appear on the policies to
be issued hereunder.
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FIRST ,AMERICAN TITLE INSURANCE CCMPANY
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i-.~CE TO PROSPECTIVE BUYEr,-"",
ur SINGLE FAMILY RESIDENCES .
(PURSUANT TO INSURANCE REGULATION 89-2)
L../\1'.l.W'.l.1 ...
A. "GAP" PROTECTION
When First American Titie Insurance Company or its authorized agent, (hereinafter referred 10 as "Com-
pany"), is responsibie for recording or fiiing lhe iegal documents creating lhe estate or interest to be insured in
a single family residence and for disbursing funds necessary to complete the transaction, the Company shall
be responsible for any deeds, mortgages, lis-pendens, liens c;>r other titie encumbrances which first appear in
the public records subsequent to the Effective Dale of lhe Cbmmitment but prior to the Effeclive Dale of the
Policy, provided the following conditions are satisfied prior to the Company's disbursement of the funds:
1. Properly executed documents creating the estate or interest are in the possession of the Company,
2. A fully -executed Affidavit and Indemnity form signed by the seller and satislactory to the Com-
pany Is in the possession of the Company. '
No Coverage will be afforded against deeds, mortgages, lis-pendens, liens or other titie encumbrances ac-
tually known to the proposed .insured prior to or at the time of recordation of the documents.
Public Records as used herein means those records established under stale stalutes (or the purpose of
imparting constructive notice of deeds, mortgages, lis-pendens, liens or other tilie encumbrances to purchasers lor
value and without knowledge.
8, MECHANICS' LIEN PROTECTION
If you are a buyer' of a single family residence, you may request coverage against loss because of
unrecorded claims asserted by construction, labor or malerial suppliers against your home.
If no construction, improvemenls or major repairs have been undertaken on the property to be purchased
within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded
liens will be payment of the appropriate premium and the execution by the seller of an Affidavil and Indemnity
form satisfactory to the Company. ' , .
If there have been construction, improve men Is or major repairs undertaken on the property to be pur-
chased, within six months prior to the Dale of the Commitment, the requirements to obtain coverage for
unrecorded liens will include: disclosure of certain construction information; financial information as 10 the seller, the
builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity Agreements satis-
factory to the Company; and, any additional requirements as may be necessary aller an examination of the
aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which you have contracted or
agreed to pay.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY
OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDlT)ONS ARE FULLY
SATISFIED. r I
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COLAS INVESTMENTS, LLC.
Two Speculative Residences
Parcel A off Park A venue
Aspen, CO
ARCHITECTURE
PLANNING
INTERIORS
EXHIBIT D
COMPLIANCE WITH STREAM MARGIN REVIEW STANDARDS
As stated in the report letter (Exhibit F) from Schmueser Gordon Meyer, the civil engineers who
reviewed this project, the proposed development on the subject land parcel is well above the
waterway and base flood plain for the Roaring Fork River which abutts it. Therefore, the
mitigation measures outlined in Attachment 4 are not needed.
Similarly, the trails shown on the Aspen Area Comprehensive Plan Map (Exhibit H) run along
Park Avenue to the North and along the West boundary of Garrish Park which is adjacent to
the West boundary of Parcel A, Therefore, there are no trails within the boundaries of this
parcel. It is our understanding that the Roaring fork Greenway Plan recommendations were
adopted into the Stream Margin Review Standards, which are subsequently being addressed in
this application,
There will be no development in the lower one third of the parcel which is beiow the irrigation
ditch that more or less defines the top of bank for the Stream Margin setback, The building
massing is within the progressive height limit (see Exhibit E-7) of the Stream Margin Standards.
The "no build zone" of fifteen (15) feet will be revegetated with native grasses and wildflowers,
as will the majority of the land around the developed portion of the site, The trees indicated
on the Site Development Plan (Exhibit E-3) will be native Aspen, Spruce, Juniper and Scotch
Pine. Shrubs will be Potentilla, Serviceberry and Pfitzer Juniper as well as flowering ground
cover planting on the boulder retaining walls, The landscaped areas of the site will be
maintained by a drip-irrigation system and any plant materials that die within the required
three (3) year period will be replaced,
All light fixtures on the buildings and grounds of the developed area will be shielded and kept
as low as possible to prevent any visible light source form the river greenway,
CHARLES CUNNIFFE ARCHITECTS' 520 EAST HYMAN' SUITE 301 . ASPEN, COLORADO 81611 . 970/925-5590 FAX 970/925-5076
. EXHIBIT D
Page 2 of 2
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COMPLIANCE WITH CONDITIONAL USE
(ACCESSORY DWELLING UNITS)
Each of the residential dwellings will have an ADU above the garages as shown in the
attached documentation (Exhibit E-4 through E-7) , Each unit has approximately 388 SF of net
livable area, in addition to access stairs, decks, etc., located over the garage of each
dwelling. Although no parking is required for a studio unit. we have provided one for each unit
[see Exhibit E-3,
On November 9, 1995, we met with the DRAC to discuss Ordinance 30 Design Standards, At
that meeting were two of the immediate neighbors who responded to the required posted
notice. They had no problem with the size, scale and location of the ADU/Garage elements of
the two residences and the site plan was approved unanimously by the committee. A follow-
up review by the DRAC was held May 9, 1996 in response to their earlier request to see the final
version of all elevations to ascertain compatibility with the neighborhood character. These,
were also passed unanimously,
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. EXHIBIT F
PAGE 1 OF 3
(970) 925-6727
FAX (970) 925-4157
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SCHMUESER
GORDON MEYE.R
ENGINEERS
SURVEYORS
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P,O, Box 2155
Aspen, CO 81612
June 6, 1996
Mr. Sylvio Tabet
Managing Agent
COLAS INVESTMENTS, LLC.
9718Y2 Oak Pass Road
Beverly Hills, CA. 90210
RE: Colas Investment Prooertv Stream Marain Aoolication. Floodolain Hazard Review.
Enaineerina Reoort
Dear Mr. Tabet:
As discussed in my meeting of May 1, 1996 with Mr. Janver Derrington of Charles Cunniffe
Architects, I have further reviewed the City's map resources with regard to the floodplain of the
Roaring Fork River in the vicinity of the Colas Investment property in Aspen, Colorado.
Introduction
The Colas Investment property is located on a property referenced on the Improvement Survey
by Alpine Surveys as "Parcel A" in the Southwest Y4 of the Southeast Y4 of Section 7, and the
Northwest Y4 of the Northeast Y. of Section 18, Township 10 South, Range 84 West of the Sixth
Principal Meridian in Aspen, Colorado. The property is located off of North Park Avenue,
comprises 0.302 acres and is accessed via "Parcel B", which is labeled as a Road Easement on
the survey, from Park Avenue into the site. '
Floodolain Hazard Review
My review of the Federal Emergency Management Agency (F.E.MA) worksheet mapping, on file
at the City of Aspen's Engineering office, indicates that the site is well above the 100-year flood
plain of the Roaring Fork River. Based on my visits to the site, it is apparent that the top of the
embankment adjacent to the river, just south of the irrigation ditch, is quite high, some 20 vertical
feet above the river's edge according to the area topographic mapping prepared by the City of
Aspen and utilized by F.E.M.A. in their flood insurance rate study in 1985, a copy of which is
attached. From my review of the F.E.M.A. mapping and the relative topography map for the site
dated March 20, 1995 from Alpine Surveys, existing structures in the vicinity of the building site
would indicate that the flood hazard elevation is over 6 feet below the lowest elevation of the
subgrade construction for the Colas Investment units. In addition, Unit 1, the closer to the river
line of the two units, is over 60 feet horizontally from the edge of the flood hazard zone.
Both units of the Colas Investment property design, therefore, do not result in development within
the special flood hazard area, do not increase the base flood elevation and would not diminish
the flood carrying capacity of the Roaring Fork River. The Colas units, in fact, appear sufficiently
118 West 6th, Suite 200 . Glenwood Springs, Colorado' (970) 945-1004
EXHIBIT F
PAGE 2 OF 3
June 6, 1996
Mr. Sylvio Tabet
Page 2
above the flood hazard elevation based on a review of 100-scale F.E.M.A. mapping with 2-foot
contours that a more site-specific flood hazard study is not, in my opinion, warranted. The units
are also set back from the crest of the river embankment, located just south of the irrigation
ditch, a sufficient distance that no disturbance will occur in the riverbed itself nor along the river
embankment in wetland areas or riparian vegetation zones. The ditch itself serves as a definition
of the top of the bank and will need to be protected In the course of construction. Disturbance
of the river bank area is therefore precluded by the site features.
I hope these comments are helpful. Call me if I may provide additional assistance or detail
regarding these items.
Very Truly Yours,
SCHMUESER GORDON MEYER INC.
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Jay . Hammond, P.E.
Principal, Aspen Office
JHlJh 96062ER2
cc: Jan Derrington, Charles Cunniffe Architects
SCHMUESER GORDON MEYER, INC,
EXHIBIT F PAGE 3 OF 3
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EXHIBIT G
PAGE I OF4
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March 15, 1996
COLAS INVESTMENTS L.L.C.
Two Speculative Residences
Park Avenue
ARCHITECTURE
PLANNING
INTERIORS
Project #9534
DESIGN DEVELOPMENT PHASE OUTLINE SPECIFICATIONS
1. General Conditions
A, All work performed on this project shall conform to the Uniform Building Code, 1994 Edition
as adopted and amended by Pitkin County, Colorado as well as the Pitkin County Land
Use Code, series of 1994.
B. The zoning for this land parcel is R-6, medium density Residential.
C. The type of construction is Type V-No
D, The occupancy class is R-3 residential.
E. All workmanship shall be equal to the best practice of the various trades involved,
F, All work shall be guaranteed against defects in materials and workmanship for a period of
one year from date of completion except for roof systems which shall be two years.
2, Site Work
A. Excavation and backfill except for access road, shall be confined within the designated
building envelope. Store suitable backfill and topsoil materials as well as usable native
boulders in area(s) to be selected and approved by G.e. and Owner,
B. Backfill and compact to approximately 4" below finish grades indicated on site plan.
e. Finish grading with topsoil and landscaping shall be under separate contract with Owner.
D. Foundation perimeter drainage system shall be 4" diameter perforated ABS flexible tubing
running to dry well under Mechanical Room.
3, Concrete
A. Reinforced structural concrete materials shall be as follows:
1) Concrete mix: 3,000 psi min. with 3" slump U,N.O,
2) Reinforcing: Schedule 40 mild steel deformed bars U.N,O.
B, Concrete flatwork:
1) Concrete mix: 3,000 psi min, with 4" slump U.N.O.
2) Reinforcing: Welded steel wire fabric, 6" x 6" / #10 x #10 U,N.O.
3) Decks and Terraces: Stamped or scored concrete with color additive to be selected.
Provide samples for approval.
4) Topping for in-floor heating: Lightweight concrete or gypcrete.
4, Masonry
A. Unit Masonry:
1) Concrete block; 8" x 8" x 16" nominal U.N,O. where shown as back-up for fireplaces,
stemwalls, etc.
2) Firebrick: 4" x 4" x 8" nominal U.N,O,
3) Reinforcing: Dur-O-Wal "track". masonry veneer tie-backs, etc,
CHARLES CUNNIFFE ARCHITECTS. 520 EAST HYMAN. SUITE 301 . ASPEN, COLORADO 81611 . 970/925-5590 FAX 970/925-5076
r'o,
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EXHIBIT G
PAGE 2 OF 4
B. stone: Entry Wall and Living Room Fireplace
1) Typical wall veneer; 5 1/2" nominal thickness, "Colorado Buff" sandstone, or equal to be
selected. Provide samples.
2) Lay up in "Coursed roughly squared pattern" similar to picture provided by Architect.
Mix in native stone quarried from building site in random pattern around windows and
doors to be shaped as shown on drawings. Provide sample panel on site for approval.
3) Flagstone flooring: Entry Porch, Master Patio Foyer, Powder Room and Master Bath:
1 1/2" nominal thickness, "Colorado Buff" sandstone, Carthage Limestone or equal to
be selected. Provide sample panel on site for approval.
5. Metals
A. structural Steel framing and fasteners, Schedule 40 or 60 cold-rolled steel U,N.O. as
indicated on structural drawings and specifications to be provided later, Provide shop
drawings for approval.
B. Ornamental Iron:
1) Wrought iron guardrails and handrails for stairs, landings and bridges to be selected.
Provide samples and shop drawings for approval.
6. Wood & Plastics
A, Structural wood framing and partitions:
Dense construction grade Fir/Hemlock or better as called for in structural notes to be
provided later.
B, Metal connectors, fasteners, etc,: Custom engineered per structural drawings: Simpson
strong-tie or approved equal.
C. Structural plywood, particle board, etc.: shall meet U,S, Plywood Association specifications.
D. Engineered structural wood members: Trus-joist or approved equal.
E. Glued - laminated wood beams and columns: Weyerhauser, Potlatch or approved equal
with exterior glue. Resawn surface finish where exposed.
F. Log Columns/Beams/Corner trim: Sturctural and "decorative" logs where shown on
drawings shall be selected from dead standing native Fir, Lodgepole Pine or approved
equal. Rough peeled surface finish U,N,O.
G. Wood Roof Facia: Built-up 1" nominal cedar, sizes as shown on drawings.
H. Soffits: 1" nominal T & S Pine plank U,N.O,
J, Plastic Laminates: Formica, Wilson-Art or approved equal for A.D.U. kitchen and bath
countertops.
K, Architectural Woodwork:
1) Window, door and base trim, cove moldings, wall paneling, etc., shall be custom
profiles and species to be selected to match flooring, cabinetry, etc. Refer to Section
9.D, Provide samples,
2) Custom wood cabinets for kitchen, master and guest bedroom closets: style and
species to be selected, See notes above,
7, Thermal and Moisture Protection
A. Dampproofing: Foundation walls at occupied interior spaces: Owens-Corning luff-n-Dry
system or approved equal.
B. Below grade thermal insulation (R-11 min.)
1) Exterior: Owens-Corning Tuff-n-Dry board or approved equal.
2) Interior: Celotex or approved equal urethane foam board with foil face inward,
,......
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EXHIBIT G
PAGE3 OF 4
C. Typical Exterior Stud Wall System (R-22 min.)
1) 1 x 10 rough sawn Haida Skirl (wary edge) Cedar siding.
2) Vapor Barrier: Tyvek "Housewrap" or approved equal.
3) Sheathing: 1/2" C/D-X plywood typical U,N.O,
4) Glass Fiber Batts: Owens - Corning or approved equal; 6" (R-19) foil faced U.N.O,
5) Gypsum Board: See Section 9; finishes, 1/2" thick U,N,O.
D. Typical "Pitched" Roof System: (R-54 min.)
1) Shingles: "Class A", Fiberglass shingles to be seiected. Provide samples. 20 year factory
warranty.
2) Membrane: W.R. Grace "Ice and Water Shield" or approved equal typical throughout
U.N.O.
3) Sheathing: 5/8" C/D-X plywood on wood or metal sieepers,
4) 1 1/2" air space for roof ventilation created by flat 2 x 4's at 24" O.c.
5) Rigid Insulation: Dow styrofoam board or approved equal 3" thick (R-15 min,)
6) Sub-sheathing: 1/2" C/D-X plywood with 1 ply 30 lb. roofing felt "dry-in".
7) Glass Fiber Batts: Owens - Corning or approved equal 12" thick (R-38)
8) Vapor Barrier: 1 ply 20 Ib, roofing felt.
9) Gypsum Board: See Section 9; finishes, 1/2" thick U,N,O.
E. Typical "Flat" Roof System (R-42 min,)
1) Membrane System: Manville, Carlisle or approve equal SPM over tapered rigid
insulation to roof drains.
2) Sheathing: 3/4" C/D-X plywood
3) Glass Fiber Batts: same as "Pitched" roof,
4) Vapor Barrier: same as "Pitched" roof.
5) Gypsum Board: same as "Pitched" roof,
8. Doors and Windows
A. Clad wood windows: Pella "Designer" and "Architectural" series or approved equal with
Low-E squared insulating glass, true divided lights. Cladding color to be selected from
manufacturers standard color chart.
B, Exterior Wood Doors: Pinecrest or approved equal. 23/4" thick U.N,O,
C. Interior Wood Doors: Weyerhauser "Roddis" or approved equal solid core 1 3/4" thick
U.N.O.
D. Finish Hardware: Schlage, Domus, or approved equal. Lever or knob style, finish to be
selected.
9. Finishes
A. Gypsum Board: U.S. Gypsum or approved equal. Texture to be heavy troweled
"knock-down" U.N.O.. provide sample panel on job site for approval.
B. Ceramic Tile: Crossville, Emil. Stovax or approved equal from Design Materials, Inc.,
Denver, Colorado.
C. Marble/Granite Tile: Floors, tub and shower platform/walls, counter tops, floor of A,D,U,
Bath, counter tops in all other Baths except Master in Powder and Master Bath to be
selected, Provide samples.
D. Wood Flooring: (Refer to section 6,K.l ,) Typical in L.R./D,R./Kitchen, Vanities and Bath
except Master floors, 1" nominal thickness plank, "cabin grade" Pine, tongue and groove
random lengths and widths, or approved equal.
E. Carpet Flooring: Typical in Bedrooms, Walk-Ins U,N.O,: Furnished and metalled by others:
coordinated by G,c.
F. Wood Ceiling: In Entry/L.R./D,R./Kitchen; 1" nominal T & G, Plank selected to coordinate
with wood flooring,
r!f'l".,
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EXHIBIT G
PAGE 4 OF 4
G. Painting Materials: Devoe, Sherwin Williams, Benjamin Moore or approved equal. Provide
sample panel(s) on job site for approval.
10. Specialties
A. Toilet and Bath Accessories: Baldwin, Jado or approved equal. Finishes to be selected,
Provide samples.
B. Tub and Shower Enclosures: American Shower Door Co. Or approved equal. Style and
finish to be selected, Provide samples,
11. Equipment
A, Kitchen Appliances (Electric): General Electric or approved equal: to be selected by
Owner, furnished and installed under G,C.
B, Kitchen Appliances (Gas): Viking range; model to be selected by Owner, furnished and
installed under G.C.
C. Plumbing fixtures: Kohler, American Standard, Just or approved equal. To be selected by
Owner. Furnished and installed by G.C.
D. Stock Wood Cabinets for Laundry and Caretaker Unit Kitchen and Bath: Riviera or
approved equal: style and finish to be selected. Provide samples.
12, Furnishings
Not included in this contract.
13. Speciai Construction
A. Steam Showers: Mr, Steam or approved equal.
14. Conveying Systems
A. Not applicable,
15. Mechanical
A. Heating System: Gas fired hydronic in-floor system with domestic hot water "sidewinder"
storage tanks. Stub out for future solar collector retrofit,
B. Plumbing Fixtures: Kohler, American Standard or approved equal. Models. and colors to
be selected by Owner. Provide samples.
C. Plumbing fittings, trim and accessories: Kohler, American Standmd, Grohe, Jado or
approved equal. Models and colors to be selected by Owner. Provide samples.
16, Electrical
A. Light Fixtures:
1) Standard Fixtures: Halo or approved equal.
2) "Decorative" Fixtures: to be selected by Owner, furnished and installed by E.C.
B, Landscape Lighting: to be part of Landscape contract. E,C. to provide circuits and
stub-outs as required
C. Building Security and Sound Systems: to be selected by Owner, furnished and installed by
separate contract. E.C. to coordinate pre-wiring,
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,EXHIP.TH
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EXHIBrr 1
PAGE 1 OF 12
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November 1, 1995
ARCHITECTURE
PLANNING
INTERIORS
Mr. Stan Clauson
Aspen Planning Director
City of Aspen
130 S. Galena street
Aspen, Colorado 81611
RE: Ordinance 30 Review
Two Detached Single Family Residences
Parcel A Off Park Avenue
Aspen, Colorado
Dear Stan:
Pursuant to our telephone conversation on October 23, 1995, We are submitting
herewith an application for review of our request for variance and/or exemption from
several of the "Residential Design Standards of Ordinance 30". We would like to be
placed on the agenda for the November 9, 1995 meeting of the Design Review Appeals
Board,
Enclosed you will find our documentation in support of our application, Please let me
know if you require additional information, Thank you for your cooperation.
Sincerely,
Janver Derrington, AlA
Project Architect
Enclosures
CHARLES CUNNIFFE ARCHITECTS' 520 EAST HYMAN' SUITE 301 . ASPEN, COLORADO 81611 . 970/925-5590 FAX 970/925-5076
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EXHIBIT 1
PAOE 2 OF 12
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November 1, 1995
ARCHITECTURE
PLANNING
INTERIORS
Mr. Stan Clauson
Aspen Planning Director
City of Aspen
130 S. Galena street
Aspen, Colorado 81611
RE: Planning Staff Review of Ordinance 30
Residential Design Standards for
Riverside residential Lot off Park A venue
Dear Stan:
Thank you for meeting last Friday with John Wheeler and me to review the implications of
Ordinance 30 on this land parcel. As we discussed, it does not front on a city street but has
access via a driveway easement to Park Avenue. The entrances will actually face the backs of
two residences that front on Park Avenue, There is one house to the east side and a
dedicated park on the west side. The back of the lot is along the Roaring Fork River. Thus, it
is obvious that this parcel does not fit several of Residential Design Standards for
Neighborhood Character.
As you suggested, we are submitting herewith our request for exemption from those standards
which we believe are not applicable for a residential development on this parcel as follows:
1. Building Orientation
a) The orientation of the principal mass of all buildings must be parallel to the street they
face (etc,)
We believe this is not applicable due to the lack of a city street per our opening
paragraph. The units would face the access driveway along the northerly lot line,
b) All single family homes (etc,), must have a street-oriented entrance and a street facing
window, (etc,).
The entrances would face the access driveway, but we believe the street-oriented
principal window is not applicable for the reason stated for Standard 1.a, above.
c) For single family homes (etc.) the width of the house must be at least five (5) feet
greater than the width of the garage along its street facing frontage,
CHARLES CUNNIFFE ARCHITECTS' 520 EAST HYMAN . SUITE 301 . ASPEN, COlORADO 81611 . 970/925-5590 FAX 970/925-5076
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EXHIBIT!
PAGE 3 OF 12
We believe this standard is not applicable for the reason stated for Standard 1 ,a,
above.
d) For single family homes (etc,) the garage must be setback ten (10) feet further from the
street than the house,
We believe this standard is not applicable for the reason stated for Standard 1,a,
above.
e) Multiple unit residential buildings, (etc,).
Not applicable (not multi-unit),
f) Front units of multiple unit residential buildings, (etc.).
Not applicable (not multi-unit),
2, Building Elements
a) All residential buildings must have a one-story street facing element (etc.) at least 20%
of the building's overall width.
We believe this standard is not applicable for the reason stated for Standard 1, a.
above,
3. Build-To Lines
a) If 75% or more of the residential buildings on the face of a block where a project is to
be located are within two (2) feet of a common front setback line (etc.),
We believe this standard is not applicable for the reason stated for Standard 1, a.
above.
b) Comer Sites
Not applicable (not a comer site),
4. Inflection
a) If the street frontage of an adjacent structure is one story in height (etc.),
We believe this standard is not applicable for the reason stated for Standard 1, a.
above.
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EXHIBIT!
PAGE 4 OF 12
5, Garages and Driveways
a) All portions of a garage (etc.) parallel to the street shall be recessed behind the front
facade a minimum of ten (10) feet.
We believe this standard is not applicable for the reason stated for Standard 1,a,
above.
6. Areaways
a) All areaways (etc.) on the street facing side of a building must be entirely recessed
behind the vertical plane established by the portion of the building which is closest to
the street.
We believe this standard is not applicable for the reason stated for Standard 1.a,
above.
In conclusion, we believe that the remainder of the Residential Design Standards in Ordinance
30 are generally applicable and we intend to comply with for this project. We do, however,
request that one of the Specific Submission Requirements on the checklist be waived. That is,
the requirement of a street elevation at 1/16" = 1 0" scale including two adjacent buildings on
both sides of the proposed project. There is only one adjacent building (and no street
frontage). We have provided photographic color prints to show the "neighborhood character"
for your review. We believe it would be an inappropriate imposition on the neighbors to field
measure their houses in order to provide an accurate "street elevation",
We appreciate your attention to this request for review and hope that you will concur with our
interpretation. Please do not hesitate to call if you have any questions or require more
information,
Sincerely,
Janver Derrington, AlA
Project Architect
enclosures
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,.-,.,
October 31, 1995
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EXHIBIT I
PAGE 5 OF 12
Colas Investments, Inc,
Two Detached Single Family Residences
Riverside Site Off Pari< Avenue (Parcel A)
Aspen, Colorado
Project #9534
ARCHITECTURE
PLANNING
INTERIORS
Revised Zoning Code Review Analysis
1. Current Zoning: R-6 (PUD) Medium Density Residential
2. Lot Size: 0,302 Acres (13,155 SF)
3. Permitted Uses:
a) Detached residential dwelling
b) Duplex
c) Two detached residential dwellings on lot of 9,000 SF or greater
4, Minimum Lot Size: 6,000 SF
5. Minimum Lot Area per dwelling unit:
Single detached residential dwelling: 6,000 SF
Duplex or two detached residential dwellings: 4,500 S/unit
6. Minimum front and rear yard:
For principal buildings: 30 fl total with a minimum of 10 fl each side
7. Minimum side yard:
For Lots over 10,000 SF:
15 fl. each side min"
35 fl total plus 1 fl.
for each additional 400 SF
13,155 -10,000 = 3.155 = 7.89 fl + 35 = 42.89 fl Total
400
8, Maximum site coverage:
For Lots of 12,000 - 18,000 SF area:
25% minus 1 % for each additional 1 ,200 SF
13,155 -12,000 = 1,155 = .96%
1,200
25% - ,96% = 24.04%
13,155 SF X ,2404 = 3,162,46 SF Maximum
Total Site Coverage proposed: 2,800.58 SF
CHARLES CUNNIFFE ARCHITECTS' 520 EAST HYMAN . SUITE 301 . ASPEN, COLORADO 81611 . 970/925-5590 FAX 970/925-5076
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EXHIBIT!
PAGE 6 OF 12
Revised Zoning Code Review Analysis
Page Two (2)
9, Maximum height:
Principal building(s): 25 fl
10. Minimum distance between buildings on the lot: 5 fl
11. Minimum open space: No requirement
12. External Floor Area Ratio (FAR):
a. Lot Area (Ordinance 30 slope reduction):
This parcel has approximately 3,290 SF of its area in slopes greater than 30%,
Therefore, the provision to exclude up to 25% maximum of the land area from FAR
calculation is invoked,
13,155 SF x .75 = 9,866,25 SF
b. Two detached Residential Dwellings or One Duplex:
(9,000 to 15,000 SF lot area)
4,080 SF plus 69SF for each additional 1 00 SF
9,866,25 - 9,000 = 866,25 = 8,66
100 x6
51,96 SF
4,080,00 SF
+ 51..96SF
4,131,96 SF allowed FAR above grade*
*Ifthere is a walk-out basement or any light wells which exceed 100 SF, the percentage
of exposed wall area will determine the extent to which the floor area will count toward
FAR. Also see Note C,
c, Accessory Dwelling Units:
The Aspen Planning Director has determined that each of the single family residences
may have an A.D.U, which will be deed restricted under the Roaring Fork Housing
Authority, Accordingly, each residence will be allowed bonus FAR for 50% of the A.D,U,
gross area up to a maximum of 250 SF per unit.
13, Garages:
A garage of up to 250 SF is allowed per dwelling without counting toward FAR. From
250 SF to 500 SF, garage floor area counts as ,5 FAR (up to 125 SF of FAR for a 500
SF garage), Any garage area over 500 SF counts as full FAR area,
14, The extent to which Ordinance 30 bulk and massing regulations and definitions will be
applied is subject to the determination of the Design Review appeals Board (DRAB) in
our scheduled hearing at their next meeting on November 9, 1995,
.
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Exhibit B
MEMORANDUM
To:
Bob Nevins, Planner
Nick Adeh, City Engin~
Chuck Roth, Project Engineer (}'1C-
Thru: '
From:
Date:
June 26,1996
Re:
Colas Conditional Use Review for an Accessory Dwelling Unit & Stream Margin Review
(ParcelID No. 2737-074-00-028)
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Department has the following comments:
I. Legal Description - To what does the designation "Parcel A" refer? Is the parcel a legally
subdivided parcel?
2. Application Completeness - This application appears to be lacking many details. We
recommend that the application be tabled in order for the applicant to provide additional
information as further discussed below.
3. Site Improvement Survey - Neither the site improvement nor the topographic survey is signed
and stamped by a registered land surveyor. The building permit application must include signed
and stamped surveys. The site improvement survey must include a statement that all easements of
record as indicated on Title Policy No. , dated , have been shown on the survey.
If this application is resubmitted, the surveys should be revised at that time.
The revised site improvement survey should also show a 12" +/- cottonwood tree and
abutting boulder retaining wall that may both be encroaching into the emergency access.
4. Site Design - There appears to be too much development for the limits of the property.
a, Boulder Retaining Walls - In order to construct the walls indicated in the application, it
would be necessary to excavate into adjoining properties. Prior to approval of this
application, the applicant should provide construction easement agreements from
neighboring property owners in order to permit him to construct the walls as shown in the
application.
1
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b. Adjacent Properties - At the time of our site visit, there was a vehicle parked on the
proposed emergency access easement. The applicant should be required to submit a map
showing the Bibbig property lines, structures, and parking spaces, The area is cluttered and
poorly defined, and we are concerned about other neighboring and adjacent uses that may
conflict with the proposed development. It may be advisable to require ,a map that shows all
of the, properties abutting the applicant's property and abutting the proposed access
easement, again showing structures and uses, in order to determine that there are no other
conflicting uses.
c. Top of Bank - It appears that the top of bank line presented in the application should be
reconsidered to the 7930 line shown in the attached portion of a City 50 scale topographic
map.
5. Access - The City Code'requires 20' access width. Although there is an easement for 20' access
width, there is an existing structure that encroaches into the easement. The Fire Marshall should
review this application before the City takes any further action to approve or not the emergency
access width as well as the need to provide on the site for emergency response vehicles to turn
around. The current design does not provide sufficient space for emergency response vehicles to be
able to turnaround. The access shall be an out lot, not an easement.
The access appears to be restricted vertically by an overhanging balcony. The access should
provide a vertical clearance of 14',
The driveway is poorly defined and enters Park Avenue at a stop sign, Approvals should
require that a driveway be constructed that meets City standards, including paving. The driveway
should be constructed in a manner not to damage the root system of the 12' cottonwood tree
referenced above.
6. Irrigation Ditch - We recommend that a revised application include thorough documentation
of communication with the ditch company. The ditch company should be included in public notice
mailings and specifically be invited to attend any public hearings.
7. Parking - The application states that the development will provide on site parking for the
ADU's "although no parking is required for a studio unit." The Engineering Department
recommends that the on-site parking spaces be provided. A revised application should include a
letter from a civil engineer registered to practice in Colorado which designs the turning movements
for vehicles parking in garages and in designated parking spaces. It does not appear that there is
adequate room for vehicle turning movements. (Note - City Code requires designing parking
spaces for 8 1/2 feet by 18 feet. This implies that turning movement design should be based on an
18' long vehicle.
8. Site Drainage - One of the infrastructure systems that is incapable of handling additional loads
is the City storm sewer and storm runoff system. It must be a condition of approval that the
building permit plans provide for storm runoff to be maintained on site and not discharged to
2
~...,..-_.._,~_....,_..._,~,.~.....--"_.,,--
~.
t""'\
.4"""'\
neighboring properties, and the Roaring Fork River, as well as providing efosion and sediment
control both during and after construction.
9. Utilities - Any new surface utility needs for pedestals Of other equipment must be installed on an
easement provided by the applicant and ,not in the public right-of-way. The building permit
drawings must indicate all utility meter locations.
10. Sidewalk. Curb and Gutter - The property contains no street frontage, however the
development should share in such costs similar to any other fesidential development. Since the
access is through the Dieter Bibbig property at 101 Park Avenue, we suggest that the applicant be
fesponsible fOf 50% of sidewalk, curb and guttef costs adjacent to 101 Park Avenue. This
obligation is generally fulfilled prior to issuance of a certificate of occupancy. If the project
progresses, we will evaluate c10sef to the time of C.O. whether to require construction or an
agreement to construct Of to reimburse the City the costs of construction
II. Work in the Public Right-of-way - Given the continuous problems of unapproved work and
development in public rights-of-way adjacent to private property, we advise the applicant as
follows:
The applicant must feceive approval from city engineering (920-5080) for design of
improvements, including landscaping, within public rights-of-way, parks
department (920-5120) for vegetation species, and streets department (920-5130) fOf
street and alley cuts, and shall, obtain permits for any wOfk or development,
including landscaping, within public rights-of-way from the city community
development department.
M96.179
3
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JUN 24 '96 01:31PM ASPEN HOUSING OFC
1""'\
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P.l
Exhibit B
MEMORANDUM.
TO:
FROM:
DATE:
RE:
Bob Nevins, Community Development Dept.
Cindy Christensen, Housing Office
June 24, iS96
Colas ADU Review
Parcel 10 No. 2737.074.00-028
ISSUE: The applicant is requesting to build two ADU's above garages. The size of the
units fall within the Code and are above grade:
ACG'eSSO/)' dweU;ng units sh~N conlain not leas than three hundred (300) square last of
allowable ifoar area and not more than seven hundred (700) squlW feet of allowable floor
11/'8/I. TIle unit shall be deed restticled, meeting ths hOl/slng alllt/ority's gull:1ellnes Ibr
re&idfJnt oaoupied units and shaH be limited III mnlal peliods of not less than six (fl) months
in duration. OWneJ'S of the prlnclp~( residence shaH have the right to pla~ a qua/lfied
emp/oyH or employees of hill or her chOO4ing in the 1l00e8S0fY dwelling unit.
The applicant states that tI1e proposed accessory dwelling units are to be approximately
388 square feet.
RECOMMENDATION: The Housing Office would recommend approval of the request
with the foUowing conditions:
1. The kitchen must be built to the following specifications:
Kltchen . For Acce5S0l)' Dwelling Unns and C$retaker Dwelling Unlls, iii minimum of iii two-
burner stove With oven, standard sink, end a 6-cubic foot ref'lfg!lnRor plus Iitlezer.
2, Before the applicant can receive building penni! approval, the applicant must
provide to the Housing Office a signed and recorded Deed Restriction, which can
be obtained from the Housing Office.
ref"rra~e<lI...uU
,,.....,
r"
, ,
Exhibit B
MEMORANDUM
TO:
Bob Nevins, Planner
FR:
John D. Krueger-Parks Department
RE:
Colas Conditional Use for ADU & Stream Margin Review
Parcel ID No. 2737-074-00-028
DATE:
June 20, 1996
The PARKS Department has reviewed the "Colas" application and offers the following
comments:
While there are no trails on the applicant's parcel, there are plans for a trail connection to
the adjoining City property of Garrish Park. The plan is to link the trail by crossing the
river from the south side trail easement by a bridge to Garrish Park. This spur would
provide a north-south access to the future river trail. The future river trail would be an
extension of the Rio Grande Trail that would go from Herron Park to the Cooper St.
Bridge at HWY 82 and then to Ute Park. The development of the parcel in the Colas
application needs to take into account the impact on future trail connections,
The Procktor Parcel located south of the applicants Lot A and adjoining to Garrish Park
is in negotiations to be purchased by the City for a park and trail connection. This
possibility should be included in the review of the application.
The landscaping plan does not show existing vegetation and trees and how they will be
impacted by the development. The tree removal code will apply to the site,
We are concerned the proposed development and how it will affect the character of
Garrish Park. The project is very large in scale for the lot. We are particularly
concerned about the west side that is next to the park, A 15 foot setback is shown with
boulder wall retainage. The landscaping plan is a little unclear and what the transition
from the Park to the building will look like. The landscaping in this area should be
designed to mitigate the development of the property., The boulder wall retainage look
too steep to work without excavation into adjacent properties,
In conclusion, the impact of the project on the Park, future trail considerations, and
landscaping are our main concerns,
. 1""',
26.40.090 Accessorj _ Reiling units.
A. General provisions.
1. Accessory dwelling units shall contain not less than three hundred (300) square feet of net livable
area and not more than seven hundred (700) square feet of net livable area. The unit shall be deed restt;icted,
meeting the houSing authority's guidelines for resident occupied units and shall be limited to renial periods
of not less than six (6) months in duration. Owners of the principal residence shall have the right to place
a qualified employee or employees of his or her choosing in the accessory dwelling unit Parldng shall not
be required if the unit is a studio or one-bedroom unit, but one (1) parking space shall be provided on-site
if the unit contains two (2) bedrooms and one (1) additional space shall be required for each additional two
(2) bedrooms in the unit . ,
2. An attached accessory dwelling unit shall be subject to all other dimensional requirements of the
underlying zone district
3. A detached accessory dwelling unit shall only be permitted on parcels that have secondary and/or
alley access. excepting parcels with existing structUres to be converted to detached accessory dwelling units,
detached garages or carports where an accessory dwelling unit is proposed above. attached to. or contained
within such detached garage or carport Detached accessory dwelling units are prohibited within the R-15B
zone district
B. Development review standards. The review standards for a detached accessory dwelling unit are
as follows:
1. The proposed development is compatible and subordinate in character with the primary residence
located on the parcel and with development located within the neighborhood;
2. Where the proposed development varies from the dimensional requirements of the underlying zone
district, the planning and zoning commission shall find that such variation is more compatible in character
with the primary residence than the development in accord with dimensional requirements. The following
dimensional requirements may be varied:
("'\
Exhibit C
549
26.40.090
,-,
('>
a.
b.
c.
units;
d. The side yard setback shall be a minimum of three (3) feet;
e. The maximum height limits for detached accessory dwelling units in the R-6 zone district may be
varied on the rear one-third (113) of the parcel. however, the mlQdmum height of the structUre shall not exceed
sixteen (16) feet. On Landmark Designated Parcels and within an Historic Overlay District the HPC shall
have the ability to make such height variations;
f. Maximum allowable site coverage may be varied up to maximum of five (5) percent, on Landmark
Designated Parcels and within an Historic Overlay District the HPC shall have the abiliry to make such site
coverage variations;
g. In the case where the proposed detached accessory dwelling unit is located on aLandmarlc Designated
Parcel or within an Historic Overlay District only HPC may make dimensional variations pursuant to the standards
of Section 26.40.070(B).
3. The planning and zoning commission and the historic preservation committee may exempt existing
nonconforming structures. being converted to a detached accessory dwelling unit, from Section 26.40.070
(B)(2)(a-g) provided that the nonconfonnity is not increased.
4. Conditional use review shall be granted pursuant to Section 26.60.040 Standards applicable to all
conditional uses.
C. Bandit units. Any bandit dwelling unit which can be demonstrated to have been in existence on
or prior to November 1, 1988. and which complies with the requirements of this section may be legalized
as an accessory dwelling unit, if it shall meet the health and safery requirements of the Unifonn Building
Code, as determined by the chief building official.
D. GMQS/replacement housing credits. Accessory dwelling units shall not be used to obtain points
in the affordable housing category of the Growth Management Quota System (GMQS). Only those units meeting
the housing size. type. income and occupancy guidelmes or approval of the housing designee and the standards
of Section 26.100.090 may be used to obtain points in the affordable honsing category. Accessory dwelling
units also may not be used to meet the requirements of Title 20 of the Municipal Code of the City of Aspen,
Colorado, "Resident Multi-Family' Housing Replacement PrOgram." (Ord. No. 47c 1988, ~ 3; Ord. No. 1-1990.
~ 6; Ord. No. 60-1990. ~ 2; Ord. No. 56-1994. ~ 11: Code 1971, ~ 5-510)
Minimum front and rear yard setbacks;
Minimum distance between buildings on the lot;
Maximum allowed floor area may be exceeded up to the bonus allowed for accessory dwelling
("
LETTER OF TRANSMITTAL~.
1'""\
~.
~~
ARCHITECTURE
PLANNING
INTERIORS
CHARLES CUNNIFFE ARCHITECTS
520 E. HYMAN, SUITE 301, ASPEN, CO 81611
303/925-5590
303/925-5590 FAX
TO: ~h ~$VLi<. DATE: ~(I4r(qc,
COMPANY~. .D~M.~ PROJECT:Co(ifA(~~/l'c~'r:~::'l.
ADDRESS: \ c\ J JOB NO.: <::J6",.. p,.".
.
REGARDING: ~~ M~~/~~~..,J ~ ~
VraJ.,'2SMd dd~
WE ARE SENDING YOU:
~ttached
the following items:
o Shop drawings
~Opy of Letter
o Prints
o Originals
o Computer Disc(s)
o Samples
o Specifications
o Change order 0
DESCRIPTION: 'l- L '" ~ :l-
I- s ~~ (, u rt....,vt, i-t>' 'LV N -~
(- clUk. ~ I~, ~~I ?ero>; +-
THESE ARE TRANSMITTED as checked below:
o For approval 0 Approved as submitted
o Resubmit
copies for approval
~your use
o As requested
o Approved as noted
o Submit
copies for distribution
o Returned for corrections
o Return
corrected prints
o For review & comment 0 Prints returned ofter loan to us 0
o FOR BIDS DUE
19
REMARKS:
t;.
~
BY:
LETTER OF TRANSMIlTAL,-,
,/,,~#'''C.~~ij<
/t .
let',
{ J"f:' 2 "(l(l~
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~'" ,~
,t~w-:: ~~ ~~f\~
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~~
ARCHITECTURE
PLANNING
INTERIORS
CHARLES CUNNIFFE ARCHITECTS
520 E. HYMAN, SUITE 301, ASPEN, CO 81611
303/925-5590
303/925-5590 FAX
TO; ~ob N~l~, DATE: ~/( r/q~
COMPANY:~ Pl~"!t~ PROJECT: eol"i:)t;
ADDRESS: ..-,-~~T J JOB NO,: Cf?~4'
REGARDING: 5tre~ M~~Cev..Jl ~ tU,e. (A-P"'.)
VIa h ~J d<~
~aChed
~ints
the following items:
WE ARE SENOING YOU:
o Shop drawings
o Originals
o Computer Disc(s)
o Samples
o Specifications
o Copy of Letter
o Change order 0
D?:RIPTI~~\.e.~" ~ll ffr(4/eo It ~ 7t-r tftrorn~ S-7
-z. se.f5. ~ t;t'tA f>~, t'l, .L tJ " " ~_1
1"2- ~~,~~ tt~ It'' ~ n i'tH"....~T~!l''2. X tl )CT
'$>1.1. f> ~ l~C; t EM
THESE ARE TRANSMITTED as checked below:
o For approval 0 Approved as submitted
~or your use 0 Approved as noted
~ requested 0 Returned for corrections
o For review & comment 0 Prints returned after loan to us
o Resubmit
copies for approval
o Submit
copies for distribution
o Return
corrected prints
o
o FOR BIDS DUE
19
REMARKS:
BY:
From: steve Hopkins SHe Fax: (114) 538-2281 Voic.: (114) 299.1337
F.A.R. CALCULATIONS
LOv.iER LEVEL (EXEMPT)
BOX II SIZE
I 121-011)(181_4"
:2 12'-o1l)(2!11-4"
53 11'-10 1/:2"><'!'-a"
4 153'-10""a'-2 1/:2"
5 q'-ou)(el-b"
6 9'-9 1/:2",,9'-6"
1 "lO'TRIAN6LJ:;
a 6'-"l 1/:2"><10'-.4"
"l 5'-1 1/:2"><,!'-a"
LOI'\ER. EXEMPT
MIl:'DLJ:; LEVEL
BOX II SIZE
10 11-6"xI6'-o1l
II a'-4'"la'-.4"
1.:2 f11-4")(el-,211
IS 10'-0")(41'-011
14 101-0")(491-,2"
15 6'-611)(:2'~"
16 "lO' TRIANGLE
'1 Q'-oII)(I:2'-oll
MIDDLE SUBTOTAl.
5.1".
220.00
640.00
114.'1'"
IISSS
'16.50
11.52
6.15
10.la
50.21
"'a2.ea
5.1".
195.00
152.1e
6ea6
4'10.00
491.61
e.'15
6.19
loe.oo
1980.9'1
MIDDLE LEVEL..
FERGENTA6E CAl.GULATION
I=OR PARTIALL'r" l:XF05ED LEVEL
EXP05ED PERIM. 69'-5 5/e"
TOTAl. PERIHeTEl<. 11"l'-11 5/e"
FERGENT EXPOSED 95.21%
MI=LE SUBTOTAl. IseO.S1
MI=LE TOTAl. 4e6.e6
MI=LE l:XEMFT e"l5.51
MAIN LEVEL
BOX II SIZE
Ie 1:2'-O")(le'-o"
let 10")(1'-011
20 12'-0',,2e'-o"
:21 2;1-011)('4"
.:22 1;1-411)(1I1.l;n
25 4",,1'-'" 1/4"
24 SI-bIl)(.=!'_IO"
25 "'0' TRIANGLE
26 5'-0",,11 '-II 1/:2"
:2; 1.:2I-a"x:2:2'-O"
MAIN TOTAl.
UPPER LEVEL
BOX II SIZE
sa SI-II 1~")('151-10"
51 20'-5 1/2",,20'-0"
e~ 10'.'1")(91_1 I~"
UPPER LEVEL TOTAl.
AOU CALGULATION
UPPER FLooR TOTAl...
LESS MAX. EX!:MFT
AD.U. TOTAL
5.1".
216.00
5.'1'1
556.00
2.61
"11.22
2.5'1
"1."12
6.15
5s.ea
264.00
"''16.16
5.1=.
62,h1
40"1.11
5e.5'1
510.21
5.1".
$10.21
2$0.00
:260.21
To: Janver Oerrlngton at: Charles Cunnllfe Architects
/""".
GAl<A5E
BOX II SIZE
:2e s'-ollxel-o 1/;:211
:2c:f .:20'_0")(:201_0n
GAAA6E SUBTOTAL
5.1".
:24.15
400.00
424.15
GARAGE CAl.GULATIONS 5.1".
GARAGe SUBTOTAL 4:24.15
LESS ALLO~LE: 0100% 250.00
SUB TOTAL 114.15
LESS ALLO~LE: l!l 50%
GARAGE TOTAL
e1.01
e1.0'1
ALLO~LE: l!l 100% 250.00
PLu::, ALLOIi'lASLE: 050% e1.06
6ARAGt: t:XEMPT 551.06
EG~SS I'lELL CALCULATIONS
BOX II SIZE 5.1".
A e'-IO" e'-6" 15.06
B "'0' TRIAN6Lt: 6.05
C 5'-.4 1/2",,5'-6" le.el
TOTAL (LESS THAN 100) "1"'."'0
D
E
;3'-IO)(IOI-ell
SI_IO")(III-.:2"
40.e'"
42.el
MAIN DECK CALCULATION
BOX II SIZE
F 1:2'-O"xIO'-o11
6 "'0' TRIAN6LE
H "'0' TRIAN6LE
.J 51-611)(,1_6 1/2"
MAIN DECK TOTAL
AOU OECK CALCULATION
BOX # SIZE
K 41-011)(121-0"
5.1".
1:20.00
155.5"1
2e,40
41,45
525.24
5.1".
4e.00
AOU EX'1'E:RIOR STAIR CALC.
BOX II SIZE
L 4'-o"X'4'-e"
M 14'-4ltxS'_ell
AOU STAIR TOTAL
5.1".
le.61
52.56
11.25
~
CDI.-.A'?
Page 1 of1 Tuesday, June 11,1996 1:06:04 t'M
OECK CALCULATION
MAIN OECK
AO lJ. OEC.K
AOlJ. EX'1'E:RIOR STAIR
TOTAL
L!:5S ALLOl'Vl.BLe
(15% OF :2065."'e) =
OECK TOTAL
FAR. cALCULATioNS
UNIT I 4 UNIT 2
MIDDLE TOTAL
MAIN TOTAL
AO).). TOTAL
GARA6E TOTAL
OECK TOTAL
SIN6LE: UNIT TOTAL
rno UNIT TOTAL
5.1".
525.24
4e.oO
'11.25
442,41
90"'."'0
152.51
5.1".
4e6.e6
"'16.16
260.21
e1.o1
152.51
1"I42.e1
X2
53ee5.'14
SIT!: COVt:RA<5>t: C.ALCULATION5
UNIT I 4 UNIT 2 S.F.
MAIN LEVEL.. A~AAJNIT "'16.16
GARAGE AREAJlJNIT 424.19
SIN6LE: UNIT TOTAL
rno UNIT TOTAL
1400.2"1
X2
2eOO.5e
From: Steve Hopkins SHe Fax: (714) 538-2281 Volee: (714) 299-1337
FA.R. C.ALCULATIONS
1.O~ LEVEL (eXEMPT)
BOX 41 SIZE
1 1:2I-ollwI81..4"
2 12'-0''><28'-4'
9 11'-10 1/:2"><"1'-8"
-4 151_10")(81..,2 11:2"
5 q'-aIl)(e,I-h1l
6 91-9 11:211)(91-611
I "'0' TRIANcSL.l::
8 6'-'" 1/:2')(10'-4"
'" 9'-1 1/:2'><"1'-8"
LO~ EXEMPT
MIDDLE LEVEL
BOX # SIZE
10 1'-6")(18'-0"
II 6'-4")(12)1-4''
1:2 6'-4")(fl'-:2"
19 10'-0")(41'-0"
14 10'-0")(49'-,:2"
IS 9'_6"><:2'-6"
16 "'0' TRIANOLE
Ii QI-Q"XI2I-011
MIDDLE SUBTOTAL
S.F.
:2:20.00
340.00
114.1'"
11955
1650
115:2
6.19
10.18
;30.:21
"'8:2.88
S.F.
195.00
152.18
68.06
410.00
451.61
8.15
6.15
108.00
1580.51
MIDDLE LEVEL
f'~ENTA6E GALGULATION
I=OR f'ARTIALL'T" EXf'OSED LEVEL
EXf'OSED f'ERlM. 69'-5 5/8"
TOTAL f'ERIMETER 11""-11 9/8"
PERCENT EXf'05ED 55.:21%
MIDDLE SUBTOTAL 1980.91
MIDDLE TOTAL 486.86
MIDDLE EXEMPT M9S1
MAIN LEVEL
BOX # SIZE
Ie t:2'-O"xle'-o"
ICf 10"x;'-0"
:20 12'-0")(28'-0"
.21 el-Olx4"
2:2 8'-4",,11'-8"
:29 4""1'-", 1/4"
:24 3'-611)(.11..1011
25 "l0' TRIAN6LE
:26 9'-0"><11'-11 1/:2"
:2, 1:2'-011)(:2:2'-0"
MAIN TOTAL
lJf'f'ER LEVEL
BOX # SIZE
;30 9'-11 1/2"><15'-10"
51 20'-5 1/:2",,:20'-0"
52 10'-1"><5'-1 1/2"
lJf'f'ER LEVEL TOTAL
AOU CALGULATION
i.Jf"l"eR t=/..ooR TOTAL
LESS MAX. EXl:MPT
A.o.U. TOTAL
S.F.
216.00
5.11
556.00
2.61
"'1.:2:2
251
".,,:2
6.15
55.88
:264.00
"16.16
S.I=.
62.61
40'UT
5e.51
510.:21
S.F.
510.:21
:250.00
260.:21
To: Janver Derrington at: Charles Cunnlffe Architects
.--,
6ARA6E
BOX # SIZE
:2fl 3'-ou)('E;I-o 1/:211
:2.:t .:201_011)(:20'_0"
6ARA6E SUBTOTAL
S.F.
24.19
400.00
424.15
6ARA6E CALCULATIONS S.F.
6ARA6E SU6TOTAL 424.15
LESS ALl.O~LE 8100% 250.00
SUB TOTAL 114.19
LESS ALLO~LE l!l 50%
6ARA6E TOTAL
el.ol
el.01
ALLO~LE l!l 100% 250.00
f'LUS ALl.OY-lABLE III 5o!l$ 81.06
cSAR.A6E EXl:MPT 951.06
E6l<ESS Y'oIELL C.ALGULATIONS
BOX # SIZE S.F.
A e'-IO" e'-6" 15.06
B "'0' TRIAN6LE 6.09
G 5'-4 1/:2")(9'-6" le.el
TOTAL (LESS THAN 100) "l"."0
D
E
91-laxlo'-e"
91-IO"xll'-.2"
40.e"l
42.el
MAIN DECK C.ALc.lJLATION
BOX # SIZE
r 1.:2'-O"xIO'-o"
6 "l0' Tl<.IAN6LE
H "0' TRIAN6LE
J 51_6")(,1_6 1/.:2"
MAIN DECK TOTAL
ADU DECK GALCULATION
BOX # SIZE
K 4'-0")(1:2'-011
S.F.
120.00
199.9"
2e.40
41.45
525.24
S.F.
4e.00
AOU EXTERIOR STAIR CALC.
BOX # SIZE
1.. 4'-011)(4'_21"
M 14'-4"x:;l_e'l
AOU STAIR TOTAL
S.F.
le.61
5.::1.56
11.:25
~
Page 1 of 1 Tuesday,June 11, 1996 1;08:04 PM
CO~
DEGK C.ALCULATlON
MAIN oec.K
A.D.u. DECK
A.D.u. EXTERIOR STAIR
TOTAL
LESS ALLOI'lA5LE
(15% OF :2065."e) ~
DECK TOTAL
FAR. GALGULATIONS
UNIT 1 4 UNIT 2
MIDDLE TOTAL
MAIN TOTAL
A.D.U. TOTAL
6ARA6E TOTAL
DEC.K TOTAL
SINOL.l:: UNIT TOTAL
mo UNIT TOTAL
S.F.
929.:24
4e.00
11.25
442.41
SO"l."O
15251
S.I=.
4e6.e6
"'16.16
260..::11
el.0l
152.51
1"I42.el
X:2
5ee5.14
SITE: c::.oVI::RA6E CALCULATIONS
UNIT I 4 UNIT 2 S.F.
MAIN LEVEL AI<EAAJNIT "16.16
6ARA6E AREAlUNIT 424.15
SINOL.l:: UNIT TOTAL
Tli'lO UNIT TOTAL
1400.2"1
X2
2eOO.5e
TO:
FROM:
RE:
DATE:
/"",
r'"
,
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
13 0 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5090 FAX (970) 920-5439
MEMORANDUM
City Engineer
Housing Director
Parks
Bob Nevins, Planner
Colas Conditional Use for ADU & Stream Margin Review
Parcel ID No. 2737-074-00-028
June 13, 1996
Attached for your review and comments is an application submitted by Colas Investments, Inc.
Please return your comments to me no later than June26, 1996.
Thank you.
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ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(970) 920-5090 FAX# (970) 920-5439
June 13, 1996
Re: Colas Conditional Use for ADU & Stream Margin ReView
Case A42-96
Dear Jan,
The Community Development Department has completed its preliminary review of the captioned
application. We have determined that this application is complete.
We have scheduled this application for review by the Aspen Planning and Zoning Commission at a
Public Hearing to be held on Tuesday. July 2, 1996 at a meeting to begin at 4:30 p.m. Should this
date be inconvenient for you please contact me within 3 working days of the date of this letter.
After that the agenda date will be considered final and changes to the schedule or tabling of the
application will only be allowed for unavoidable technical problems. The Friday before the
meeting date, we will call to inform you that a copy of the memo pertaining to the application is
available at the Community Development Department. .
Please note that it is your responsibility to mail notice to property owners within 300' and to post
the subject property with a sign at least ten (10) days prior to the public hearing. Please submit a
photograph of the posted sign as proof of posting and an affidaVit as proof of mailing prior to the
public hearing.
If you have any questions, please call the planner assigned to your case, Bob Nevins, at 920-5102.
Sincerely,
;tA.<'JtcJ;;'-
Rhonda Harris
Administrative Assistant
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June 7, 1996
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Mr. Stan Clausen
Community Development Director
CITY OF ASPEN
130 South Galena
Aspen. Colorado 81 611
ARCHITECTURE
PLANNING
INTERIORS
re: Two detached single family residences for
COLAS INVESTMENTS, LLC.
Parcel A off Park Avenue at Regent St.
Aspen, Colorado
Dear Stan,
Pursuant to the review and approval of Ordinance 30 design Standards with the DRAC on
May 9, 1996, we are submitting herewith on behalf of Colas Investments LLC.. the Application
for Conditional Use for the ADU (s) and Stream Margin Review. We are aware that the
Conditional Use Review requires a Public Hearing before the Planning and Zoning Commission
and will cooperate with you in meeting th~ required deadlines.
,
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We are readily available to review" our sub'mission package! with you or a designated
.
representative of the Planning Office in a pre-application meeting as suggested in your
Standard Application Package. Please let us know if you require any further documentation.
Sincerely,
Janver Derrington
Project Architect
(
CHARLES CUNNIFFE ARCHITECTS. 520 EAST HYMAN. SUITE 301 . ASPEN, COLORADO 81611 . 970/925-5590 FAX 970/925-5076
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EXHIBIT D
Page 2 of 2
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COMPLIANCE WITH CONDITIONAL USE
(ACCESSORY DWELLING UNITS)
Each of the residential dwellings will have an ADU above the garages as shown In the
attached documentation (Exhibit E-4 through E-7). Each unit has approximately 388 SF of net
livable area. in addition to access stairs, decks, etc., located over the garage of each
dwelling. Although no parking is required for a studio unit, we have provided one for each unit
(see Exhibif E-3.
On November 9. 1995. we met with the DRAC to discuss Ordinance 30 Design Standards. At
that meeting were two of the immediate neighbors who responded to the required posted
notice. They had no problem with the size, scale and location of fhe ADU/Garage elements of
the two residences and the site plan was approved unanimously by the committee. A follow-
up review by the DRAC was held May 9, 1996 in response to their earlier request to see the final
version of all elevations fo ascertain compatibility with the neighborhood character. These
were also passed unanimously.
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