Loading...
HomeMy WebLinkAboutLand Use Case.CU.1590 Homestake Dr.A070-99PN2730502401024 Case A070-99 1590 Homestake Dr. ADU CI U 0 PARCEL ID:12730502401024 8/11/9 ,CASE NAME: 1 1590 Homestake Dr. ADU . . ..... ,PROJ ADDR:,1590 Hom"e—stal Dr. ASE TYPIC,nditional Use for an AD OWNIA P PTom Daly ADR 520 W. Hallam St. C/ : aty 5 REP Tom Day ADR: 520 W Hallam St. --j. C/ FEES DUE. J255(FF) 160E 1160 EH FEES RCVD: 575 REF: BY r Am MTG DATj"jw&REV BODY NOTICE REMAR CLOSED: L"10 -JIM PLAT SUB'MITD: PLAT (BK,P I C az DUE. DATE OF FINAL A CITY COUNCI BOA: DRACI ADMINI CASE NOJA070- RIChris Benclon STEPS? 1925-5788 1925-5788 I STATd MEMORANDUM TO: Planning and Zoning Commsision THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy DirectoFJ3� FROM: Nick Lelack, Planner 0-- RE: Daly Conditional Use for an Accessory Dwelling Unit — Public Hearing 1590 Homestake Drive DATE: September 21, 1999 SUMMARY: Tom Daly, owner and applicant, has applied for Conditional Use approval for an Accessory Dwelling Unit (ADU) to be located on the main level of a new single family house on Homestake Drive (Lot 17 of the West Aspen Subdivision). The property is currently vacant and does not have any trees or shrubbery. The ADU includes approximately 366 square feet of net livable space including storage and closet areas. The plans include a bathroom and a combined kitchen/living area, which characterizes this ADU as an efficiency or studio unit. This ADU meets or exceeds all development standards and has been reviewed and recommended for approval by the appropriate referral agencies. Staff recommends approval of the Conditional Use for an Accessory Dwelling Unit, -,N,ith conditions. APPLICANT: Tom Daly. LOCATION: 1590 Homestake Drive. ZONING: Moderate Density Residential (R-15). LOT SIZE: 15,400 square feet. (The application states that the lot size is 140' x 100', but it is actually 140' x 110'. Thus, the actual lot size is 15,400 square feet rather than 14,000 square feet as stated on the application.) LOT AREA (FOR PURPOSES OF FAR CALCULATION): 15,400 square feet. FAR: Allowable — 4,524 square feet Existing — 0 square feet Proposed — 4,517 square feet These figures are represented by applicant and are subject to review by the Zoning Officer. CURRENT LAND USE: Vacant parcel. Building permits pending for single-family residence and Accessory Dwelling Unit. PROPOSED LAND USE: Single-family residence with one attached Accessory Dwelling Unit. PREVIOUS ACTION: The Commission has not previously considered this application for a conditional use. REVIEW PROCEDURE: Conditional Use. The Commission shall approve, approve with conditions, or disapprove the application at a public hearing. BACKGROUND: This is a vacant lot in the West Aspen Subdivision. STAFF COMMENTS: The proposed ADU is to be located on the main level of a new single family residence. Exterior access to the ADU will be accomplished with a concrete, flagstone, or other pedestrian -usable path connecting the ADU entrance to the driveway. The unit meets the land use code standards for ADUs. The proposed ADU is designed as a studio/efficiency unit with a bathroom and a combined living/kitchen area. Review criteria and Staff Findings have been included as Exhibit "A." Agency referral comments have been included as Exhibit "B." The application has been included as Exhibit "C." RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the Daly Accessory Dwelling Unit, 1590 Homestake Drive, with the following conditions: 1) The building permit application shall include: a) a copy of the Aspen Planning and Zoning Commission resolution. F) • • b) a current Site Improvement Survey indicating the nature of all easements of record indicated on the property title commitment. c) a completed and recorded sidewalk, curb, and gutter construction agreement and an agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. d) a completed and recorded ADU deed restriction on the property, a form for which may be obtained from the Housing Office. The deed restriction shall be noted on the building permit plans. e) a drainage report and a drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on - site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2 year storm frequency should be used in designing any drainage improvements. If drywells are an acceptable solution for site drainage, a soils report must be provided with percolation test to verify the feasibility of this type system. Drywells may not be placed within utility easements. The foundation drainage system should be separate from storm drainage, must be detained on site, and must be shown on the drainage plan. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the retention volume meet the design storm. f) a tree removal or relocation permit from the City Parks Department for any trees to be removed or relocated. g) a completed tap permit with the Aspen Consolidated Sanitation District. The applicant shall connect the ADU to the sanitary sewer in a manner acceptable to the ACSD superintendent. 2. The building permit plans shall reflect/indicate: a) Conformance with all aspects of the City's Residential Design Standards. b) The proposed ADU is labeled as such and meets the definition of an Accessory Dwelling Unit. c) The ADU will contain a kitchen (having a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer) and a bathroom (having a minimum of a shower, sink, and a toilet). d) The ADU has the minimum one (1) off-street parking space provided; the building permit plans shall indicate the designated ADU parking space. The ADU space must have clear access and cannot be stacked with a space for the primary residence. e) The ADU meets all applicable UBC requirements for light and air. f) An overhang shall cover the ADU entrance designed to prevent snow and ice from falling on, or building -up on, the entrance to the ADU. CJ • g) Conformance with the City's requirements for driveways. Driveways must be separated by 25 feet or more (including neighboring driveways), and must be paved from the edge of the street to the property line. Paving alternatives may be approved by the City Engineer. h) A fire suppression system if the gross square footage of the structure exceeds 5,000 square feet. i) A five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow storage at the edge of the street paving. j) A pedestrian connection from the ADU entrance to the driveway shall be indicated on the building permit plans. The pedestrian path shall be constructed of concrete, flagstone or other pedestrian -usable surface material. 3. The applicant should provide separate utility taps and meters for each residential unit. 4. All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in any public right-of-way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Meter locations must be accessible for reading and may not be obstructed. 5. The applicant must receive approval for any work within public rights -of -way from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 6. All construction vehicles, materials, and debris shall be maintained on -site and not within public rights -of -way unless specifically approved by the Director of the Streets Department. The applicant shall inform the contractor of this condition. 7. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. Monday - Saturday. 8. Before applying for a building permit, the applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 9. 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. RECOMMENDED MOTION: "I move to approve the Daly Accessory Dwelling Unit, 1590 Homestake Drive with the conditions outlined in the Community Development Department memo dated September 21, 1999." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Referral Agency Comments Exhibit C -- Vicinity Map Exhibit D -- Development Application FADaly PZ_memo.doc 4 DEVELOPMENT ORDER /�U 70 v v of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order shall expire on the day after the third anniversary of the effective date of the Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption from expiration, extension or reinstatement is granted or a revocation is issued by the City Council pursuant to Section 26.308.010. This Development Order is associated with the property noted below for the site specific development plan as described below. Tom Daly, 520 West hallam Street, Aspen, CO 81611;925-5788 Property Owner's Name, Mailing Address and telephone number 1590 Homestake Drive, Aspen, CO 81611 Legal Description and Street Address of Subject Property Accessory Dwelling Unit Written Description of the Site Specific Plan and/or Attachment Describing flan Planning & Zoning Resolution 99-29, September 21, 1999 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) October 22, 1999 Effective Date of Development Order (Same as date of publication of notice of approval.) October 13, 2002 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 22nd day of October, 1999, by the City of Aspen Community Dey*opment Director_ Juliif Ann Woods, Community Development Director G.Planning.Aspen. forms. DevOrder PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 1590 Homestake Drive (Lots 17 & 18 of Block 2 of the City and Townsite of Aspen), by Ordinance No. 29, Series of 1999 of the Planning and Zoning Commission. For further information contact Julie Ann Woods, at the Aspen/Pitkin Community Development Dept., 130 S. Galena St, Aspen, Colorado (970) 920-5090. s/Kathryn S. Koch, City Clerk, City of Aspen Publish in The Aspen Times on October 22, 1999. 0 . 0 Exhibit A Daly ADU STAFF COMMENTS: ADU Section 26.60.040, Standards Applicable to all Conditional Uses (A) The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. Staff Finding: A deed restricted Accessory Dwelling Unit is consistent with the purposes, goals, objectives, and standards of the Aspen Area Community Plan (AACP). Supplying and increasing the affordable housing stock is clearly a goal of both the AACP and Land Use Code. Accessory Dwelling Units are a conditional use in the R-15 Zone District. (B) The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Staff Finding: The surrounding land uses are mixed single-family residential and duplex units. There are existing ADUs in the neighborhood. The proposed development appears to be in the same character as the immediate area. (C) The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Staff Finding: The proposed ADU site has sufficient space to accommodate its parking demand on -site. The ADU is proposed to be 366 square feet, and located on the main level of a new single family residence. Staff believes the ADU meets or exceeds this standard because of the unit's size, design, and integration into the house. (D) There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Staff Comments page 1 Staff Finding: Park fees are payable at building permit issuance based on the number of bedrooms in the residence and ADU. Infrastructure capacity is sufficient for this development and utilities are available. The applicant will need to complete a tap permit for sanitation service and is subject to connection fees. The ACSD may require the provision of separate taps for each unit. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Staff Finding: The conditional use mitigates itself. (F) The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. Staff Finding: The applicant is not seeking any waivers or special considerations through this process. The development appears to be in conformance with all other applicable standards of the land use code. Section 26.40.090, Accessory Dwelling Units A. General Provisions 1) Accessory Dwelling units shall contain not less than three -hundred (300) square feet and no more than seven -hundred (700) square feet of net livable area. The unit shall be deed restricted, meeting the Housing Authority's guidelines for resident occupied units and shall be limited to rental periods of not less than six (6) months in duration. Owners of the principle residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. One (1) parking space shall be provided on -site for each studio unit, and for each bedroom within a one or two -bedroom accessory dwelling unit. Staff Finding: The proposed ADU is approximately 366 square feet of net livable area. The applicant will be required to file a deed restriction on the unit prior to building permit application. 2) An attached accessory dwelling unit shall be subject to all other dimensional requirements of the underlying zone district. Staff Finding: The development appears to be in conformance with the provisions of the R-15 Zone District. A zoning check is required through the building permit review process. Staff Comments page 2 3) A detached accessory dwelling unit shall only be permitted on parcels that have secondary and/or alley access, exempting 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. Staff Finding: The ADU is attached. 3) An attached accessory dwelling unit shall utilize alley access to the extent practical. Staff Finding: There is no alley which serves this property. A. Development Review Standards. 1) The proposed development is compatible and subordinate in character with the primary residence located on the property and with the development located within the neighborhood, and assuming year -around occupancy, shall not create a density pattern inconsistent with the established neighborhood. Staff Finding: The ADU is subordinate in character to the primary residence. The ADU, considering year-round occupancy, is not expected to create a density pattern inconsistent with 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: a. Minimum front and rear yard setbacks b. Minimum distance between buildings on the lot. c. Maximum allowed floor area may be exceeded up to the bonus allowed for accessory dwelling units. d. The side yard setback shall be a minimum of three feet. e. The maximum height limits for detached accessory dwelling units in the R-6 zone district may be varied at the rear one-third (1/3) of the parcel, however, the maximum height of the structure shall not exceed eighteen (18) feet. On Landmark Designated parcels and within the Historic Overlay District the HPC shall have the ability to make height variations. Staff Comments page 3 • • f. Maximum allowable site coverage may be varied up to a maximum of five (5) percent, on Landmark Designated Parcels and within an Historic Overlay District the HPC shall have the ability to make such site coverage variations. g. In the case where the proposed detached accessory dwelling unit is located on a Landmark Designated Parcel or within an Historic Overlay District only HPC may make dimensional variations pursuant to the standards of Section 26.40.070(B) Staff Finding: The applicant is not requesting any variations to the dimensional requirements. The one required parking space has been indicated on the proposed site plan. 2) The Planning and Zoning Commission and the Historic Preservation Committee may exempt existing nonconforming structures, being converted to a detached accessory dwelling unit, from 26.40.070(B)(2)(a- g) provided that the nonconformity is not increased. Staff Finding: Not applicable. There are no non -conformities. 3) Conditional use review shall be granted pursuant to Section 26.60.040 Standards applicable to all conditional uses. Staff Finding: Refer to Staff Comments for Conditional Use review. 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 safety requirements of the Uniform Building Code, as determined by the Chief Building Official. Staff Finding: Does not apply. This is not a bandit unit. 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 guidelines of approval of the housing designee and the standards of Section 26.100.090 may be used to obtain points in the affordable housing 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, "Residential Multi -Family Housing Replacement Program." Staff Comments page 4 • • Staff Finding: Does not apply. Multi -Family housing replacement applies to structures of three or more units. E. FAR for Accessory Dwelling Units. For the purposes of calculating floor area ratio and allowable floor area for a lot whose principle use is residential, the following shall apply: the allowable floor area for an above -grade attached accessory dwelling unit shall be excluded to a maximum of three -hundred -fifty (350) square feet of allowable floor area or fifty (50) percent of the size of the accessory dwelling unit, whichever is less. This floor area exclusion provision only applies to accessory dwelling units which are subject to review and approval by the Planning and Zoning Commission pursuant to conditional use review and approval, Section 26.60.030 of this code, and the units must be deed restricted, registered with the housing office, and available for rental to an eligible working resident of Pitkin County. The owner retains the right to select the renter for the unit. An Accessory Dwelling Unit separated from a principal structure by a distance of no less than ten (10) feet with a maximum footprint of four hundred fifty (45) square feet, shall be calculated at fifty (50) percent of the allowable floor area up to seven hundred (700) square feet of Floor Area. Any element linking the principal structure to the accessory structure may be no more than one (1) story tall, six (6) feet wide, and ten (10) feet long. Staff Finding: The ADU does not qualify for a Floor Area exemption because it is not being deed restricted to mandatory occupancy, and the applicant is not requesting a Floor Area bonus. Staff Comments page 5 • �e�t-cv►^A 1 To: Thru: From: Date: Re: I I ._: 09 MEMORANDUM Nick Lelack, Planner Nick Adeh, City Engineer Chuck Roth, Project Engineer September 14, 1999 Daly Conditional Use for an Accessory Dwelling Unit (1590 Homestake Dr.) S Ayv%C4 C p,Y"&'S The Development Review Committee has reviewed the above referenced application at their September 8, 1999 meeting, and we have the following comments: General - (1) These comments are based on the fact that we believe that the submitted site plan is accurate, that it shows all site features without misrepresentation, and that it is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to halt complaints related to approvals tied to "issuance of building permit." (2) If there are any encroachments into the public right-of-way, the encroachment must either be removed or be subject to current encroachment license requirements if continuation of such encroachment would be acceptable to the City. 1. Site Drainage - The existing City stone drainage infrastructure system is does not have additional capacity to convey increased storm runoff. The site development approvals must include the requirement of meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f and a requirement that the building permit application include a drainage mitigation plan (24"06" size plan sheet or on the lot grading plan) and a report signed and stamped by an engineer registered in the State of Colorado, submitted as part of the building and site plan, as well as a temporary sediment control and containment plan for the construction phase. If drywells are an acceptable solution for site drainage, a soils report must be provided with percolation test to verify the feasibility of this type system. Drywells may not be placed within utility easements. The foundation drainage system should be separate from storm drainage, must be detained on site, and must be shown on drainage plans prior to permit drawings. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the retention volume meet the design storm. Drainage from the driveway is of special concern. / • • 2. Sidewalk, Curb and Gutter - The development plans need to indicate a five foot wide pedestrian usable space with a five foot buffer for snow storage, where feasible. The applicant needs to sign a sidewalk, curb and gutter construction agreement, and pay recording fees, prior to issuance of a building permit. 3. Housing Office — The unit is above grade, which is preferable. 4. Fire Marshal - If the area of the structure exceeds 5,000 square feet, sprinklers must be installed. The plans will be reviewed by the Fire Marshall at the time of application for a building permit. 5. 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 receive 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 for public trail disturbance, and streets department (920-5130) for mailboxes , street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from the city community development department. DRC Attendees Staff: Nick Adeh, Chris Bendon„ Nick Lelack, Ed Van Walraven, Stephen Kanipe, Cindy Christensen, Phil Overeynder, Chuck Roth G'SMNI I�x LAND USE APPLICATION C PROJECT: �v Name: DAL -, 5 [_ AbO Location: 15 q 0 H 011 CSTA KG N I D T 17 WES/ (Indicate street address, lot & block number, legal description where appropriate) APPLICANT: Name: `T O M n A I-Y Address: 520 (A), LtALLA M STW T ASPOJ Phone #: 9AS — d 78S REPRESENTATIVE: Name: T L, M () A 1-Y Address: -5 , o a) , NA LLAM .S7V_e?JT AS Igo fV Phone k 9,:A S- 5 7 Y S YPE OF APPLICATION: (please check all that apply): Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) VACANT R SIDLTI 1 /A i- LCT PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Have you attached the following? FEES DUE: S Pre -Application Conference Summary ❑ Attachment #1, Signed Fee Agreement ❑ Response to Attachment #2, Dimensional Requirements Form ❑ Response to Attachment #3, Minimum Submission Contents ❑ Response to Attachment #4, Specific Submission Contents ❑ Response to Attachment #5, Review Standards for Your Application ATTACHMENT Z DIMENSIONAL REQUIREMENTS FORM Project: T)f4W RE5ibEl►Xt: A D U Applicant: TOM DALY Location: iS9C) HpHC 5MKE DRjVC i-OT- 17 JOE57-ASjoaj 508DIuiSiod .FIL/NC ­Z Zone District: Lot Size: /!40 X In0� Lot Area: / O O 0 5 (for the pu oses of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: — Proposed: --- Number of residential units: Existing: Proposed.• / Number of bedrooms: Existing: Proposed: 'y P Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: S / vARiRB•cE � v Principal bldg. height: Existing: — Allowable4ow p1rcqPropose&- Access. bldg. height: Existing: — Allowable: — Proposed: &Qi On -Site parking: Existing: — Required: 3 Proposed: 3 % Site coverage: Existing: — Required: _ Proposed._14 /y % Open Space: Existing: — Required: Proposed. IVA Front Setback: Existing: — Required: A•5` 1 Proposed.—.26� Rear Setback: Existing: — Required: /0 Proposed: /0 Combined F/R: Existing: — Required: 35 Proposed: 35 Side Setback: Existing: — Required: Proposed: v?G "6 476T Side Setback: Existing: — Required: Proposed: / 0W66T Combined Sides: Existing: — Required.• Proposed: Y5 Existing non -conformities or encroachments: ff o Ne Variations requested: S.66.52' E 140.00' �soo: fa ff w' VrW-ITY wtwGrT II vo i OS4Fl i I , �11TIUTT E&SMUT / I °I O / ' I I orz -5W R U 615&WY OA) nROP6-R i Y CD II � I i � I I 3 CD 0 N 16 (,0 m T.O. ►OWOAT1ON !GAR iARAiL CONG. fLA& .LO►L TO FRONT �� ©� . . mu1, ME M4, : iGrdia, /iai II I FAMLY RM. GNCN 8 7 to `�/`V 6RCAK/A!T 1 •,-�• A{alDR 'T- - TO. ILTAO. ' _ ___ ►ytpLR RM. _ _ _ _ _ O� • 1/a O►IIGC ' '-• 1/7'8 1/2' .'-1 1 i O w� 11 ITAR i i 71♦ t - O 0 1 r II I I ROD � M!V _. • _I I O Rf► w w_ w � 1.- • LOI 1 A.a• LOi 1.'-0'' LOi 1.'-p' LDi ^ M —_� O .—_ !• !' ROD � W!V O . ENTRY T iT�.•TOMt / 1/2' • 1/2' a0• ! 1/Y �•O'nTn0. ^ GLOOCT Ln'f�i RM. 1' - ••-t' ••-t' ps" RM. • 1/2' " 1 Q Q 1 ( iT.C•►LYt^D• AGGC!lORY One"" MADTCR 6CD RM.-Lf- yN1T {ADU) •O! w ROD 1 .ML► IwDOn — \ rwDOn _— GOVlR[p IORGM f••.• 1 K.K. GOORDMAT[ WRfGT10N O► H Ka /V on"Got / If D[ ,• O • Cl • • /S 10 9 0 N Sr%K(--:- 0k) VC r� • City of Aspen Aspen, Colorado August 9, 1999 Re: Land Use Application Information Lot 17, West Aspen Subdivision To Whom It May Concern: The applicant authorized to act as representative is the owner: Thomas J. Daly 520 W. Hallam Street Aspen, Colorado 81611 (970) 925-5788 Legal description of the property: Lot 17, West Aspen Subdivision, Filing No. 2 There are no mortgages, judgments, liens, easements, contracts or agreements affecting this parcel. Attached is a copy of the current title insurance policy. Sincerely, 4V Thomas J. Daly 520 W. Hallam Street Aspen, CO 81611 925-5788 ACTION: CONDITIONAL USE APPROVAL FOR AN ADU STANDARDS APPLICABLE TO ALL CONDITIONAL USES: The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, and with the intent of the zone district in which i is gproped to be located. f�-� i 3 Ga-►� 8 3 k The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for ► development.l The location, size, design and operating characteristics of the proposed conditions use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrationsand odor oiLLurrounding ro erties. _3 ` S� There are adequate public facilities and services to serve the conditional _G( es v,. use including but not limited to roads, potable water, sewer, solid waste, P"-' parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. 13 .S The applicant commits to supply affordable housing to meet the incremental need for increased employees geneFated by the conditional use. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. I A ACCESSORY DWELLING UNITS: Accessory dwelling units shall contain not less than three hundred (300) square feet and no more than seven hundred (700) square feet of net livable area. The unit shall be deed restricted, meeting the Housing Authority's guidelines for resident occupied units and shall be limited to rental periods of not less than six (6) months in duration. Owners of the principle residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. One (1) parking space shall be provided on -site for each studio unit, and for each bedroom w�thin a one or two -bedroom accessory dwelling unit. An attached accessory dwelling unit shall be subject to all other dimensional req irements of the und�erll ' zone district. r� L a K� C,�t/"` c x—v p A detached accessory dwelling unit shall only be permitted on parcels that have secondary and/or alley access, exempting 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 zt ne district. An attached accessory dwelling unit shall utilize alley access to the extent practical. DEVELOPMENT REVIEW STANDARDS: �S The proposed development shall be compatible with and subordinate in character to the primary residence located on the parcel as well as -eve opment located within the neighborhood, and assuming year- round occupancy, shall not create a density pattern inconsistent with tt established neighborhood. 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. V-\, e-�— v,c q U'a'- �-% \Sa ,tip — s /` " P The Planning and Zoning Commission and the Historic Preservation Commission may exempt nonconforming structures, being converted to a detached accesso dwelling unit, provided the nonconformity is not increased. vUQ�-v. t -V/ Conditional use review shall be granted pursuant to Section 26.60.040 standards applicable to all conditional uses. :HNIENT 4 Sul-.di,,isil,rr i,:xetclptic,l,, by Plannili,, 1oilo:,-Or I.ot Line :adjustment l lip 'la„;:in��, �iir�:tc;�" }:ull �xetl.pt ;ui adjustment of 't tot .fine- i7et,,ec-a contigU�)u: lots !f all the !C!jloN'.1tlh cc, ljdltic,lLs are me?. i l�. 1'i �tt'ii:)fi5ttated tha! :h:- C('g11CSt ii tt) �:l)rrt(t al] Ca�lI1P.L'rUlg 111 a 1'i'.CUI��('.'� plat Or :� to perJLMl U11Ultlill rfiL:Jl(;aI't' c.!'icLl' C hetvt'een a;ijacet�. ly ucels, cull 2. All Ia:�d�'�,n�r:c �til:ose '.ot lines n: bciriL! Ajusted :11::l1 , ravide ".-titten consent appli1.. 1Oi',; .4113 ?. It i demonsuat.d ,hat 11W l��ques t is to .zddre .s s,�ecific i� �r(�ship, and ?. The corrected plat will rl'Wet the standards of this ;iivision, and .;onibmi to the requirements of this chapter, including the dimensional requirements of the tall! district in which the lots are located, except in ca:;es of an existing nonconforming lot, in which the adjustment shall not increase the nonconfonnity of the lot; and j. It is demonstrated that the lot line adjus'r-,-, %' vzll not a&ct the development rights or permitted density of the affected lots by provid'," .; 'Ae oppoeturdty to create a new lot for resale or development. •+ 'I'lter� ; :;U r�itilCl�Iil�:lt o,:,;av d with this �i.ppltcauk ' att4.11a k M7 • SCHEDULE A -OWNER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER PCT13093 07/21/98 O 3:52 P.M. $ 1,350,000.00 1312-120188 1. NAME OF INSURED: THOMAS J. DALY and JUDITH J. DALY 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: THOMAS J. DALY and JUDITH J. DALY 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: LOT 17, WEST ASPEN SUBDIVISION, FILING NO. 2 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (970) 925-1766/(970)-925-6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET • • SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT13093 07/21/98 @ 3:52 P.M. 1312-120188 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, enchroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Water rights, claims or title to water. 6. Taxes for the year 1998 not yet due or payable. 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded February 8, 1955 in Book 180 at Page 334. 8. Easements, rights of way and all matters as disclosed on Plat of subject property recorded September 5, 1968 in Plat Book 3 at Page 308. 9. Easement granted to Aspen Metropolitan Sanitation District recorded in Book 260 at Page 614. EXCEPTIONS NUMBERED 1, 2, 3 & 4 ARE HEREBY OMITTED. ENDORSEMENT FORM ATTACHED TO AND MADE A PART OF FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 1312-120188 PCT13093 Provided there is situated on the land described under Schedule A of the Policy a single family residence, the policy is hereby amended as follows: Notwithstanding anything therein to the contrary, the policy insures against loss or damage by reason of the following: 1). Any unfiled lien for labor or material furnished for improvements on the land (except for any such lien arising out of construction contracted for or assumed by the insured), provided construction of all improvements is completed at date of policy; 2). Rights or claims or parties in possession of the principal dwelling. 3). The enforced removal of the principal dwelling on account of, at Date of Policy: (a) Any encroachment of said principal dwelling onto adjoining lands or onto any easement shown as an exception in Schedule B or onto any unrecorded subsurface easement. (b) Any violation of building setback lines or covenants, conditions or restrictions referred to in Schedule B of the Policy. (c) Any violation of any zoning ordinances if the land is used only for a single family residence. The term "principal dwelling" means any single family residential structure on the land whether detached or not. If the principal dwelling is a condominium unit it refers to the space within the boundaries of the unit. Additional improvements and areas such as out -buildings, detached garages, fences, driveways, retaining walls, plants and common areas are not included within this definition. The term "zoning ordinance" does not include building codes, occupancy regulations and subdivision laws. This endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and prior endorsements, if any, nor does it extend the effective date of the policy and prior endorsements or increase the face amount thereof. IN WITNESS WHEREOF, the Company has caused this Endorsement to be signed and sealed and to be valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. ISSUED AT PITKIN COUNTY TITLE, INC., 601 E. HOPKINS AVE., ASPEN, COLORADO 81611 COUNTERSIGNED AUTHORIZED OFFICER OR AGENT ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF .ASPEN (hereinafter CITY) and —rag HA 5 1) Al-y (hereinafter APPLICANT) .AGREE AS FOLLOWS: t. APPLICANT has submitted to CITY an application for A1U (hereinafter. THE PROJECT). APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of :993) establishes a fee structure for Land Use 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 and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. 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 to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of applicatio completeness, APPLICANT shall pay an initial deposit in the amount of S which is for s of Community Development 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, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN By: J'(;� ie Ann Woods ommunity Development Director APPLICANT By: C 7 Date: Mailing Address: 5'Z c> ex z cc X/l6 // -7z -s700;7 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen Development Application Fee Policy The City of Aspen. pursuant to Ordinance 49 (,Series of 1998), has established a fee structure for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application. made payable to the AspeniPitkin Community Development Department. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Community Development when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. Several different staff members may charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can provide a summary report of hours spent at the applicant's request. After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the case following any hearing or approvals, up until the applicant applies for a building permit. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. When the case planner determines that the case is completed (whether approved or not approved), the case is considered closed and any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an Agreement for Pavment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application and fee in order for a land use case to be opened. The current complete fee schedule for land use applications is listed on the reverse side. ASPEN/PITKIN COMMUNITY DEVELOPMENT 1999 LAND USE APPLICATION FEES CATEGORY HOURS DEPOSIT FLAT FEE Major 12 2,220.00 Mincr 6 1,110.00 Staff .approvals 460.00 Flat Fee 255.00 Exempt HPC 65.00 Mincr HPC 120.00 Significant HPC <1000 sq. ft. 312.00 Significant HPC >1000 sq. ft. 624.00 Demolition, Partial Demolition, Relocation 1250.00 Referral Fees - Environmental Health Major 320.00 Minor 160.00 Referral Fees - Housing Major 320.00 Minor 160.00 Referral Fees - City Engineer Major 320.00 Minor 160.00 Hourly Rate 185.00 oPEQTY ou>n)eV,5 C /;* LYONS CHARLES P & EDELTRAUD SCHILLER CARL F & LESLIE HARLOW- 1690 HOMESTAKE DR 1605 SILVER KING DR ASPEN, CO 81611 ASPEN , CO 81611-1050 DOAN SHELLEY F DISABATINO M A JR 12263 INDIAN RD DISABATINO G C NORTH PALM BEACH, FL 33408 1610 SILVER KING DR ASPEN, CO 81611 COUCHMAN DIANE P DIFFENBAUGH JOHN D 4416 GRASSMERE DIFFENBAUGH CAROLYN G DALLAS, TX 75205 1655 SILVER KING DR ASPEN, CO 81611 TAYLOR RICHARD E TAYLOR MURIEL KAY 1595 SILVER KING DR ASPEN, CO 81611 ROSS RONNI L 1610 W HOMESTAKE ASPEN, CO 81611 BRESNITZ KURT G & LOTTE S 1650 HOMESTAKE DR ASPEN, CO 81611 SCOTT FITZHUGH III SCOTT SUSAN S 1555 SILVER KING DR ASPEN, CO 81611 GUTHRIE JANET UND 44.34% INT LEVINE WARREN UND 55.66% INT 1525 SILVER KING DR ASPEN, CO 81611 boo FT HIRSCH MICHAEL R & MARY H 1590 SILVER KING DR ASPEN, CO 81611 OSTERMAIER HERMAN FAMILY TRUST 275 CASTLE CREEK RD #105 ASPEN, CO 81611-1194 GORDON GWYN V 1540 SILVER KING DR ASPEN, CO 81611 SCHWARTZ ALAN E REVOCABLE TRUST PO BOX 10452 ASPEN, CO 81612-7343 DALY THOMAS J 520 W HALLAM ST ASPEN, CO 81611 TAYLOR J DAVID 1570 HOMESTAKE DR ASPEN, CO 81611 MANN FLOYD C TRUST & JOSEPHINE C TRUST SMITH JOAN FRENSLEY & STEPHEN B CITY OF ASPEN 1550 HOMESTAKE DR 4033 GRASSMERE 130 S GALENA ST ASPEN, CO 81611 DALLAS, TX 75205 ASPEN, CO 81611 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5072 DATE: 8.6.99 PROJECT: Lot 17 West Aspen Subdivision REPRESENTATIVE: Tom Daly OWNER: Tom Daly DESCRIPTION: Conditional Use for an ADU. One Step. GQMS. Land Use Code Section(s) 26.425 Conditional Use Criteria 26.520 Accessory Dwelling Units Review by: Staff for completeness; DRC for technical review, P&Z for conditional use Public Hearing: Yes (P&Z), Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15 days prior to the public hearing if any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency owns property within three hundred (300) feet of the property subject to the development application . Applicant will need to provide proof of posting and mailing with a affidavit at the public hearing. Referral Agencies: Engineering, Housing, Parks, Fire Marshall, Water, ACSD, Building Department Planning Fees: Planning Flat Fee ($255) Referral Agency Fees: Engineering, Minor ($160); Housing Minor ($160) Total Deposit: $575 To apply, submit the following information: I . Proof of ownership. Signed fee agreement. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application. 6. 20 Copies of the complete application packet and maps. HPC = 12; PZ = 10; q PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 1 7. An 8 1/2" by I I" vicinity map locating the parcel within the City of Aspen. 8. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 10. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on mailing labels for a small fee. 920.5453 IL Copies of prior approvals. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 0 Owner's Policy of Title insurance Fidelity National Title Insurance Company A Stock Company Policy Number 1312- 120188 OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BAND THE CONDITIONS AND STIPULATIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of 1. Title to the estate or interest described in Schedule A being vested other than as stated herein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Countersigned: Authorized Signature Fidelity National Title Insurance Company op Z y7c, SEAL �s J° ? President ATTEST secretary ALTA Owncr's Policy (10-17-92) FNTIC Form No. 1312 (6/93) AGENDA ASPEN PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY, SEPTEMBER 21, 1999, 4:30 PM SISTER CITIES ROOM I. ROLL CALL II. COMMENTS A. Commissioners B. Planning Staff C. Public III. MINUTES IV. DECLARATION OF CONFLICTS OF INTEREST IV. PUBLIC HEARING Off. 4:454:5o A. Yellow Brick Rezoning to Public (To Be Continued to October 19`h), Nick Lelack / / 4:50-5:20 B. �VV/ 426 N. 2"d Street Landmark Designation, Amy Guthrie 5:20-5:35 C. Williams Ranch Substantial PUD Amendment, Chris Bendon �5:35-6:05 D. Code Amendment- Residential Multi -Family Housing Definition, Chris Bendon 6:05-6:35 E. Daly Accessory Dwelling Unit 1590 Homestake Drive, Nick Lelack V. ADJOURN Times are approximate. We recommend applicants arrive at least % hour prior to the scheduled time. 0 V Aspen Consolidated Sanitation District Sy Kelly * Chairman Paul Smith * Treas Michael Kelly * Secy September 13, 1999 Chris Bendon Community Development 130 S. Galena Aspen, CO 81611 Re: Daly Accessory Dwelling Unit Dear Chris: John Keleher Frantz Loushin Bruce Matherly, Mgr The Aspen Consolidated Sanitation District currently has sufficient collection and treatment capacity to serve the proposed Daly ADU. Service is contingent upon compliance with the District's rules, regulations, and specifications which are on file at the District office. Our line superintendent, Tom Bracewell, should be contacted by the applicant, to determine a suitable tap location. We would request that a tap permit is completed and fees are paid prior to the issuance of a building permit. Sincerely, Bruce Matherly (� District Manager 565 N. Mill St.,Aspen, CO 81611 / (970)925-3601 / FAX (970) 925-2537