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Home My WebLink AboutLand Use Case.309 N Third ADU.A005-02300 8 311 44 -309 N. Third Street Special Review - #Z/j)-124-24-007 A005-02 of ADU *21(.t.4 K)06 j ~-1 0 0-3 p~ .0-9 CASE NUMBER A005-02 PARCEL ID # 2735-124-24007 CASE NAME 309 N. Third Street Soecial Review for ADU PROJECT ADDRESS 309 N. Third Street PLANNER James Lindt CASE TYPE Soecial Review OWNER/APPLICANT Mel Gallant REPRESENTATIVE Earl Anderson DATE OF FINAL ACTION 3/5/02 CITY COUNCIL ACTION PZ ACTION Reso. 10-2002 ADMIN ACTION ADDroved BOA ACTION DATE CLOSED 3/13/02 BY J. Lindt PARCEL ID:~2735-124-24007 DATE RCVD: |1/24/02 #COPIES:~ ~~ CASE NO~A005-02 CASE NAME:]309 N. Third Street Special Review for ADU PLNR:1James Lindt PROJ ADDR:|309 N Third Street CASE TYP:~Special Review STEPSi OWN/APP: Mel Gallant ADR|309 N. Third Street CISIZ: ]Aspen/CO/81611 PHN:~ REP:~Earl Anderson ADR:~406-K ABC C/S/Z:]Aspen/CO/81611 PHN1925-6723 FEES DUE:~500 D 180 H FEES RCVD:~680 STAT: E- REFERRALS| REF:~ BY~ DUE:~ MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION:| 3/5,02_ CITY COUNCIL: REMARKS~ PZ: /~05& ho'Â·- 2Ck'32. BOA: CLOSED: 13~/*52.-BY: | T. 14\ott DRAC: PLAT SUBMITD: PLAT (BK,PG):| ADMIN: Appu o 44 DEVELOPMENT ORDER 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 allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date ofthis Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Mel and Marilyn Gallant, 309 N. Third Street. Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number North M of lots R & S, Block 35. City and Townsite of Aspen Legal Description and Street Address of Subject Property Special Review Approval to Construct Subgrade and Attached ADU Written Description ofthe Site Specific Plan and/or Attachment Describing Plan Planning and Zoning Commission Resolution No. 10, Series 2002,3/5/02 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) March 16.2002 Effective Date of Development Order (Same as date o f publication of notice of approval.) March 17,2005 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 16th day of March, 2002, by the City of Aspen Community Deyelopment Director, 1 JoÂ¥11- --- Joyce Qhlson, Community Development Deputy Director PUBLIC NOTICE RE: 309 N. THIRD STREET SPECIAL REVIEW TO VARY THE ADU DESIGN STANDARDS TO ALLOW FOR THE CONSTRUCTION OF A SUBGRADE AND ATTACHED ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 5, 2002, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Mel and Marilyn Gallant requesting Special Review approval to vary the ADU Design Standards to allow for an ADU to be constructed subgrade and attached to the main residence that will count for a GMQS Exemption. The property is located at309 N. Third Street and is described as the North half of Lots R and S, Block 35, City and Townsite of Aspen. For further information, contact James Lindt at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095, jamesl@ci.aspen.co.us. s/Jasmine Tygre, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on February 16, 2002 City of Aspen AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 389 N- g rd 9( , A-A LA , Aspen, CO , . -r SCHEDULED PUBLIC HEARING DATE: nt :*ret 75'/..Ft t/: 36 r,0 3000_ 1 j STATE OF COLORADO ) ) SS. County of Pitkin ) I. f~ arf /431 44%,*4, (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: * Ohi Publication ojnotice: By the publication in the legal notice section of an official / paper or a paper of general circulation in the City of Aspen at least fifteen (15) iays prior to the public hearing. A copy ofthe publication is attached hereto. Posting ofnotice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide t , and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least ten (10) days .. prior to the public hearing and was continuously visible from the 12% day of Fetr-v.~ 2002_, to and including the date and time of the public ~hearing. A photograph of the posted notice (sign) is attached hereto. 1~ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision o f this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description ott and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ....7 i /9 N 1 c--4./i~./ . tiff&'apig&5-7; ~ S ignature~ ' 0/29/ The *regoing "Affidavit of Notice" was acknowledged before me this,2/57Ly of 214,Loâ€žLA,-j/ , 2002, by /2.U. 1/. zyÂ®-Â»Â·Â»r>,-~ WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 11 ~10/03 i. Nottlry Public JEAN M. RHINEHART / NOTARY PUBLIC #149 ASPEN VILLAGE , BOX 175 WOODY CREEK, CO 81656 MY COMMISSION EXPIRES 11/10/2003 ATTACHMENTS: 1/ COPY OF THE PUBLICATION k' PHOTOGRAPH OF THE POSTED NOTICE (SIGAO 4LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED B Y MAIL 318 FOURTH STREET LTD BARKER JACK 1/2 INT ALLEN ROBERT H & JUDY LEY C/O BUSTER FELDOM BARKER CARRYN ADRIANNA TRUST la 4545 POST OAK PL STE 101 PO "OX 445 INT HOUSTON TX 77027 ON TX 77001 PO BOX 7943 ASPEN CO 81612 BLAICH ROBERT I CITY OF ASPEN CONNOR F HAYDEN BLAICH JANET S 130 S GALENA ST 444 GRAPE ST 3 I 9N FOURTH ST ASPEN CO 81611 DENVER CO 80220 ASPEN CO 81611 EPPLER KLAUS TRUSTEE CUNDILL JOAN REED FIRESTEIN CHESTER & BEVER PROSKAUER ROSE GOETZ & 432 W FRANCIS ST 9777 WILSHIRE BLVD STE 501 MENDELSHON C/O ASPEN CO 81611 BEVERLY HILLS CA 90212 2255 GLADES RD #340 W BOCA RATON FL 3343 I FIVE CONTINENTS ASPEN REA FISCHER SISTIE FRIEDBERG BARRY S C/O EDWARDS JOSEPH III 442 W BLEEKER 555 PARK AVE 7W 502 MAIN ST STE 201 ASPEN CO 81611 NEW YORK NY 10021 CARBONDALE CO 81623 HALLAM LLC GALLANT MARILYN GLENN SALLY RAE 5850 SAN FELIPE 617 VINE ST STE 1430 504 W HALLAM AVE SUITE 2Q5 CINCINNATI OH 45202 ASPEN CO 81611 HOUSTON TX 77057 IN ELLEN & BARRY HOUGH JENNINE JANSS MARY 1992 REVOCABLE 4. FRANCIS ST 265 BRIGHTON RD NE 403 W HALLAM ASPEN CO 81611-1233 ATLANTA GA 30309 ASPEN CO 81611 KOHNER ELLEN P KINNEY STEPHEN J & SUSAN KOUTSOUBOS TED A HUNT ELLEN C/O P O BOX 330010 415 E HYMAN AVE #206 PO BOX 8770 MIAMI FL 33233 ASPEN CO 81611 ASPEN CO 81612 NATHAN REVOCABLE TRUST NEISSER JUDITH E REVOCABL PATRICK LILY R 718 N LlNDEN DR 132 E DELAWARE APT 6201 417 W HALLAM ST BEVERLY HILLS CA 902 to CHICAGO IL 60611 ASPEN CO 81611 POTVIN SALLY ALLEN RH ASPEN LLC RISPOLI.PETER 1/2 320 W BLEEKER ST 323 W FRANCIS ST 323 W HALLAM ST ASPEN CO 81611 ASPEN CO 81611 ASPEN CO 81611 :L D SCHLOFFER BRUNHILDE P SIRKIN ALICIA RANCIS ST PO BOX 941 3500 S BAYHOMES DR AS. 1..,.1 I CO 81611 ASPEN CO 81612 MIAMI FL 33133 . A . STILWELL REED & CLAIRE TEAGUE LEWIS TRUST TITUS JOHN & JOAN REVOCAB 191 UNIVERSITY BLVD #714 862 NORTH BEVERLY GLEN BLVD 3025 BRYN MAWR R CO 80206 LOS ANGELES CA 90077 DALLAS TX 75225 UHL MARGARETE A VERLEGER PHILIP K & MARGA WALNUT CREEK RANCH LLC PO BOX 122 15 TORREY PINES LN 4520 MAIN ST STE 1050 ASPEN CO 81612 NEWPORT BEACH CA 92660 KANSAS CITY MO 64111-1816 DERSONDESIGN 4355 04 *-lt * feff'9~~ 13 1 29505 00,34OFEA K 1 6 3 8 MAILED FROM 01' CODE 8 1 6 1 4 4 4064< ABC Aspen. CO 81611 CITY OF ASPEN 130 S GALENA ST ASPEN CO 81611 , I ?42 -- 47 A ~ t!. '4 :. *Ak PUBLIC NOTICE DATE-162 TIME PLACE 43204 PURPOSE r 'A .* i Â¢: . t ' 4. 0' v: v'1~619 L ' 31',- 1 = Â¥ KAI (~'~ ~ ~ 1 ~Â· --t K. 7 - I] . ...AÂ¥. I 1 -- a e.... '96Â¥t< ,%. ~.-113~~ 9.-CÂ¥ r 174 I '...fla "*36~,9- -42 la ~U~~*~~ 34 3.1 4 - ..911.â‚¬t, - -10-- +4.1.4/I ....... lt- 4 : 4 'V-,2,- 3.JÂ·, Â· J ' 11/*6 7EM~/Ely --- ...... ,"b --Im<r .J........ .... - I - P '8 4 b 1~ 41 3 ~ A ~-2 11/r . 4 / 4 . 9 144:04 ' - I 46 -<PA".c ika uiidimf,A*~Ar . .1+ 1 j 11."R 1 - * 4 1/'ed.:t*,sT ef ~~311Etltr~4 4~,,7-44, ,<i~ Â£ KI .- -9 & 14 .)4*/ 6 . 9/*&61 ./j.yr, .4///f ' 7 11".1 31*1?>fil~dit-741# 1.Â¢ 1, :4 - 44",i r I ' 72,65'* h 9 044'.1 .: 4' ~ 1.4 1...~~-141- 4.Q*.Â·iÂ·.I 1 LE, $486#aft ti 'll" 22* I â€¢W; , -1052% i ' C ~M*XÂ·XÂ· *>Xâ€¢> .......... r I . 0 .%00$:.49%& 4 0 - tr- 1/,A ........:.... E . 2 .i..i... 4 . 42 "11.â‚¬d. '3 6-11 ly 2 .C: I . 14 .r , e .. '.4 41 1 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A SPECIAL REVIEW TO VARY THE ACCESSORY DWELLING UNIT DESIGN STANDARDS TO ALLOW FOR A SUBGRADE AND ATTACHED ACCESSORY DWELLING UNIT TO BE CONSTRUCTED AT 309 N. THIRD STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-124-24-007 Resolution No. 10 (Series of 2002) WHEREAS, the Community Development Department received an application from Mel and Marilyn Gallant, seeking a special review approval for a variance from Section 26.520.050, Accessory Dwelling Unit Design Standards to allow the applicant to construct a subgrade and attached accessory dwelling unit on their property located at 309 N. Third Street, in the City and Townsite of Aspen, Colorado; and, WHEREAS, pursuant to Section 26.520.050 of the Aspen Municipal Code, Community Development Department staff reviewed the applicant's application for compliance with the Accessory Dwelling Unit Design Standards Section of the Aspen Municipal Code and found the submitted development application to be inconsistent with Review Standards pursuant to 26.520.050(4) and 26.520.050(5); and, WHEREAS, Section 26.410.020(C) of the Aspen Municipal Code provides that if an application is found by Community Development Department staff to be inconsistent with any item of the Accessory Dwelling Unit Design Guidelines, the applicant may either amend the application or appeal staffs findings to the Planning and Zoning Commission pursuant to Chapter 26.520.080, Special Review; and, WHEREAS all applications for Special Review for variations from the ADU Design Standards of Section 26.520.050 must meet the following review standards in order for the Planning and Zoning Commission: a) The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose ofthe zone district in which it is proposed, and promotes the units general livability; and b) The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property; and c) The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of off-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. WHEREAS, the Community Development Director, after review of the requested variances, recommended approval of the special review to allow the applicant to vary the ADU design standards to construct a subgrade and attached accessory dwelling unit; and, WHEREAS, the Aspen/Pitkin County Housing Board, after review o f the requested variances, recommended approval of the special review to allow the applicant to vary the ADU design standards to construct a subgrade and attached accessory dwelling unit; and, WHEREAS, during a duly noticed public hearing at a regular meeting on March 5,2002, the Planning and Zoning Commission, approved by a vote of three to two (3-2) a special review application to vary the ADU design standards to allow for the applicant to construct a subgrade and attached accessory dwelling unit at 309 N. Third Street, City and Townsite of Aspen; and, NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1 That a special review for a variance from the ADU Design Standards to allow for a subgrade and attached accessory dwelling unit to be constructed at 309 N. Third Street, Aspen, Colorado, is approved pursuant to Land Use Code Section 26.430, Special Review. APPROVED by the Commission at its regular meeting on March 5,2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: => 710 A) , -1-u ~ / 4 , Aspen, CO 0-,1 A . SCHEDULED PUBLIC HEARING DATE: f v \ 0 \00 6 \ - -z> , 200_2_ STATE OF COLORADO ) ) SS. County of Pitkin ) I, CJ--Ct b/li-2-5 L_ ~ 'a cit (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally ceMify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: A Publication ojnotice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting o f notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) incheawide and twenty-six (26) inches high, and which was composed of letters dot less than one inch in height. Said notice was posted at least ten (10) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) . Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision o f this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal o f this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing o f names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. C7h AAM*b-ti~~~A r~ - >*Ilature l' V 'd The foregoing 'Affidavit ofNotice" was acknowledged before rae this day of -3re 9,2 - , 200.1, by E-34-. - c, 1 - 1 ,- v tj~ Les i of - 1/i- MJRL.ff NOTICE ,ke RE: 309 N. THIRD STREET SPECIAL REVIEW TO WITNESS MY HAND AND OFFICIAL SEAL ed VARY THE ABU DESIGN STANDARDS TO- ALLOW FOR TIIE CONSTRIJCTION OF A SUBGRADE AND ATTACHED ACCESSOPY DWELLING UNIT , NOTICE IS HEREBY (,IVEN that a public hearing My commission expires: ~~ ~/-26 7.252Â£> -24 will be held on Tuesday. March 5,2()02. at a meet- ing to begin at 4:30 p.m. before the Aspen Plan ril -0- ning and Zoning Cominission, Sister Cities Meet- ing Room, City Hall, 130 S. Galena St., Appen, to 1 k L_-/'00~-â‚¬--k.~ consider An application submitted by Mel and Marilyn Gallant requesting Special Review appr(>- Notary Public --- /29~3.(,gysplj~i<~~ val to vary the ADU Design Standards to allow for 80/ an ADU to be constructed subgrade and attached M eli ~ to the main residence that will count for a GMQS Exemption. The property is located at 309 N . Third Street and Is described as the North half of . Lots R and S. Block 35. City and Townsite of As- ( SARAH For further information contact Janies Lindt at i OATES pen. A... . the Aspen/ Pitkin Community Development De- ... b partment 130 S. Gatena St., Aspen, CO (970) 920- ~ 5095, james[@ci.aspen.:o.us. 4%71@P s/Jasmine Tygre,Chair ATTACHMENTS: ~ . Aspen Planning and Zoning Commission Published in The Aspen Times on February 16, ~ 2002. (8371)) COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL ..1. 4 : CUNDILL JOAN REED ALPERIN ELLEN & BARRY ' [VE CONTINENTS ASPEN REA 432 W FRANCIS ST 420 W FRANCIS ST C/O EDWARDS JOSEPH III ASPEN, CO 81611 ASPEN, CO 81611-1233 502 MAIN ST STE 201 CARBONDALE, CO 81623 ALLEN ROBERT H & JUDY LEY VERLEGER PHILIP K & MARGA BLAICH ROBERT I 4545 POST OAK PL STE 101 15 TORREY PINES LN BLAICH JANET S HOUSTON, TX 77027 NEWPORT BEACH, CA 92660 319 N FOURTH ST ASPEN, CO 81611 KOHNER ELLEN P 318 FOURTH STREET LTD NEISSER JUDITH E REVOCABL HUNT ELLEN C/O C/O BUSTER FELDOM 132 E DELAWARE APT 6201 PO BOX 8770 PO BOX 445 CHICAGO, IL 60611 ASPEN, CO 81612 HOUSTON, TX 77001 TEAGUE LEWIS TRUST EPPLER KLAUS TRUSTEE GLENN SALLY RAE 862 NORTH BEVERLY GLEN PROSKAUER ROSE GOETZ & 504 W HALLAM AVE BLVD MENDELSHON C/O ASPEN, CO 81611 LOS ANGELES, CA 90077 2255 GLADES RD #340 W BOCA RATON, FL 33431 SCHLOFFER BRUNHILDE P RH ASPEN LLC HALLAM LLC PO BOX 941 323 W FRANCIS ST 5850 SAN FELIPE ASPEN, CO 81612 ASPEN, CO 81611 SUITE 205 HOUSTON, TX 77057 KOUTSOUBOS TED A KINNEY STEPHEN J & SUSAN SAX JOEL D 415 E HYMAN AVE #206 P O BOX 330010 303 W FRANCIS ST ASPEN, CO 81611 MIAMI, FL 33233 ASPEN, CO 81611 SIRKIN ALICIA GALLANT MARILYN CONNOR F HAYDEN 3500 S BAYHOMES DR 617 VINE ST STE 1430 444 GRAPE ST MIAMI, FL 33133 CINCINNATI, OH 45202 DENVER, CO 80220 TITUS JOHN & JOAN REVOCAB UHL MARGARETE A FRIEDBERG BARRY S 3025 BRYN MAWR PO BOX 122 555 PARK AVE 7W DALLAS, TX 75225 ASPEN, CO 81612 NEW YORK, NY 10021 WALNUT CREEK RANCH LLC HOUGH JENNINE PATRICK LILY R 4520 MAIN ST STE 1050 265 BRIGHTON RD NE 417 W HALLAM ST KANSAS CITY, MO 64111-1816 ATLANTA, GA 30309 ASPEN, CO 81611 FIRESTEIN CHESTER & BEVER JANSS MARY 1992 REVOCABLE FISCHER SISTIE 9777 WILSHIRE BLVD STE 501 403 W HALLAM 442 W BLEEKER BEVERLY HILLS, CA 90212 ASPEN, CO 81611 ASPEN, CO 81611 STILWELL REED & CLAIRE LISPOLI PETER 1/2 -4ATHAN REVOCABLE TRUST 191 UNIVERSITY BLVD #714 323 W HALLAM ST 718 N LINDEN DR DENVER, CO 80206 ASPEN, CO 81611 BEVERLY HILLS, CA 90210 CITY OF ASPEN BARKER JACK 1 /2 INT POTVIN SALLY ALLEN 130 S GALENA ST BARKER CARRYN ADRIANNA 320 W BLEEKER ST ASPEN, CO 81611 TRUST 1/2 INT ASPEN, CO 81611 PO BOX 7943 ASPEN, CO 81612 PUBLIC NOTICE RE: 309 N. THIRD STREET SPECIAL REVIEW TO VARY THE ADU DESIGN STANDARDS TO ALLOW FOR THE CONSTRUCTION OF A SUBGRADE AND ATTACHED ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 5, 2002, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Mel and Marilyn Gallant requesting Special Review approval to vary the ADU Design Standards to allow for an ADU to be constructed subgrade and attached to the main residence that will count for a GMQS Exemption. The property is located at309 N. Third Street and is described as the North half of Lots R and S, Block 35, City and Townsite of Aspen. For further information, contact James Lindt at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095, iamesl@ci.aspen.co.us. s/Jasmine Tygre, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on February 16, 2002 City of Aspen S. D. Â·1 MEMORANDUM No To: Planning & Zoning Commission .//f~si 11 Â£ tr THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director UND FROM: James Lindt, Planner JUL RE: 309 N. Third Street, Special Review to Vary the ADU Design Standards- Public Hearing DATE: March 5,2002 APPLICANT: Mel and Marilyn Gallant, Represented by Earl Anderson, Anderson Design Studios PARCEL ID: 2735-124-24-007 ADDRESS: 309 N. Third Street ZONING: R-6 (Medium-Density Residential) CURRENT LAND USE: 3000 (50' x 60') SF lot developed with a single-family residence. PROPOSED LAND USE: The applicant proposes to construct a single-family residence with a subgrade accessory dwelling unit. The applicant is requesting special review approval to vary the ADU design standards to allow the finished floor of the unit to be constructed below grade and attached to the primary residence. STAFF COMMENTS: The applicant, Mel and Marilyn Gallant, are seeking special review approval to vary the ADU design standards to allow for an ADU to be constructed below grade and attached to the primary residence on the site. In December of 2001, City Council approved amendments to the ADU design standards that require ADU's to be constructed with their finished floor heights entirely above natural or finished grade, whichever is higher, and detached from the primary residence. The special review approval is also required by the applicant to obtain a GMQS exemption to construct a single-family residence on the site pursuant to Land Use Code Section 26.470.070(B)(1)(b), which states: 1. Single-family. In order to qualify for a single-family exemption, the applicant shall have five (5) options: b. Providing an Accessory Dwelling Unit authorized through Special Review to be attached and/or partially or fully subgrade, pursuant to Section 26.520. Land Use Code Section 26.520.080(D) allows the Planning and Zoning Commission to approve, approve with conditions, or deny an application for a variance from the ADU design standards through special review if the proposed variations meet the following criteria: a) The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability; and, b) The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property; and, c) The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of on-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. STAFF COMMENTS: The proposed residence received a unanimous approval for a secondary mass variance from the Planning and Zoning Commission (Resolution is attached as Exhibit "C") in October of 2000. The Commission made a finding that the applicant could not meet the secondary mass requirement of the residential design standards because of unusual site constraints due to the size of the lot and the nature in which it is configured. The subject property is 50' x 60' with the lot aligned on Third Street and the alley (see site plan in Exhibit "B"). Within the required setbacks, the applicant is limited to a 42 92 x 32 9 building envelope for the residence. Staff feels that constructing a completely above grade and detached ADU would be very difficult given the small nature of the area within the required setbacks. The proposed two- story residence covers the entire area between the required setbacks and it is approximately 400 square feet shy of they allowable FAR for the lot. Staff believes that containing the proposed ADU within the primary residence makes the most design sense in this situation. The applicant has already requested and was denied a 5' rear yard setback variance and a 10' combined front and rear yard setback variance when they were approved for the secondary mass variance. Therefore, the residence and the ADU must be constructed within the required setbacks. The proposed unit meets all of the other ADU design standards and consists of 603 net livable square feet. The unit is one bedroom and contains a separate entrance and utilities. Staff feels that the proposed unit is compatible with the small site and is subordinate to the primary residence. The proposed plans contain the required parking of 2 spaces for the primary residence and one space for the ADU. The Aspen/Pitkin County Housing Board has reviewed the proposed unit and recommended that the Planning and Zoning approve the proposed special review. 2 HOUSING BOARD RECOMMENDATION: The Aspen/Pitkin County Housing Board recommends that the Planning and Zoning Commission approve the proposed special review application to vary the ADU design standards to allow for a subgrade and attached Accessory Dwelling Unit at 309 N. Third Street finding that the proposed ADU meets the Housing Authority's livability requirements. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve the proposed special review application to vary the ADU design standards to allow for a subgrade and attached Accessory Dwelling Unit at 309 N. Third Street. RECOMMENDED MOTION(ALL MOTIONS ARE STATED IN THE POSITIVE): "I move to approve Resolution No..#, Series of 2002, approving a special review application to vary the ADU design standards to allow for a subgrade and attached Accessory Dwelling Unit at 309 N. Third Street finding that the review criteria have been met." ATTACHMENTS: Exhibit A -- Review Criteria & Staff Findings Exhibit B -- Application & Plans Exhibit C -- Planning and Zoning Commission Resolution No. 45, Series 2000 approving Secondary Mass Variance Exhibit D -- Aspen/Pitkin County Housing Board Recommendation 3 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A SPECIAL REVIEW TO VARY THE ACCESSORY DWELLING UNIT DESIGN STANDARDS TO ALLOW FOR A SUBGRADE AND ATTACHED ACCESSORY DWELLING UNIT TO BE CONSTRUCTED AT 309 N. THIRD STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-124-24-007 Resolution No. | 0 (Series of 2002) WHEREAS, the Community Development Department received an application from Mel and Marilyn Gallant, seeking a special review approval for a variance from Section 26.520.050, Accessory Dwelling Unit Design Standards to allow the applicant to construct a subgrade and attached accessory dwelling unit on their property located at 309 N. Third Street, in the City and Townsite of Aspen, Colorado; and, WHEREAS, pursuant to Section 26.520.050 of the Aspen Municipal Code, Community Development Department staff reviewed the applicant's application for compliance with the Accessory Dwelling Unit Design Standards Section of the Aspen Municipal Code and found the submitted development application to be inconsistent with Review Standards pursuant to 26.520.050(4) and 26.520.050(5); and, WHEREAS, Section 26.410.020(C) of the Aspen Municipal Code provides that if an application is found by Community Development Department staff to be inconsistent with any item of the Accessory Dwelling Unit Design Guidelines, the applicant may either amend the application or appeal staff' s findings to the Planning and Zoning Commission pursuant to Chapter 26.520.080, Special Review; and, WHEREAS all applications for Special Review for variations from the ADU Design Standards of Section 26.520.050 must meet the following review standards in order for the Planning and Zoning Commission: a) The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the units general livability; and b) The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance o f the property; and c) The proposed ADU is designed in a manner which is compatible with or enhances the character o f the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of o ff-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. 6 WHEREAS, the Community Development Director, after review of the requested variances, recommended approval of the special review to allow the applicant to vary the ADU design standards to construct a subgrade and attached accessory dwelling unit; and, WHEREAS, the Aspen/Pitkin County Housing Board, after review of the requested variances, recommended approval of the special review to allow the applicant to vary the ADU design standards to construct a subgrade and attached accessory dwelling unit; and, WHEREAS, during a duly noticed public hearing at a regular meeting on March 5, 2002, the Planning and Zoning Commission, approved by a vote of-illrÂ«to 7 woli-2-)a special review application to vary the ADU design standards to allow for the applicant to construct a subgrade and attached accessory dwelling unit at 309 N. Third Street, City and Townsite o f Aspen; and, NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1 That a special review for a variance from the ADU Design Standards to allow for a subgrade and attached accessory dwelling unit to be constructed at 309 N. Third Street, Aspen, Colorado, is approved pursuant to Land Use Code Section 26.430, Special Review. APPROVED by the Commission at its regular meeting on March 5,2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk 7 EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS Section 26.520.080 Special Review for ADU Design Standards The Planning and Zoning Commission may grant relief from the Accessory Dwelling Unit (ADU) Design Standards at a public hearing if the variance from the design standards is found to be: a) the proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose o f the zone district in which it is proposed, and promotes the unit' s general livability; and, b) the proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property; and, c) the proposed ADU is designed in a manner which is compatible with or enhances the character o f the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of on-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. In response to the review criteria for a variance from the ADU design standards, staff makes the following findings: a) The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability. Staff Finding Staff finds that the proposed special review application promotes the intent of the original ADU program. The proposed ADU functions as a completely separate dwelling unit with a separates entrance and separate utilities. The proposed unit also contains it's own laundry facility within the confines of the unit itself. The site is situated such that it would be extremely difficult to construct an above grade and detached ADU. Staff finds this criterion to be met. b) The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all the dimensions, site configuration, landscaping, privacy, and historical significance of the property. 4 Staff Finding Staff feels that locating the ADU in the basement o f the primary residence is the most logical place for the unit to be constructed given the size and the unusual site constraints. The proposed unit functions as a completely separate dwelling unit and maintains the privacy of the citizen to be housed within it. The ADU is subordinate in size to the primary residence. The proposed residence meets the setback requirements where currently the existing residence does not. Staff finds this criterion to be met. c) The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of off-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. Staff Finding The proposed ADU and residence meets the massing and character of the R-6 (Medium Density Residential) Zone District. The proposed residence is approximately 400 square feet less than the allowable FAR on the site. The proposal does not encroach in any designated view planes and meets the permitted density within the R-6 Zone District. The proposed unit contains the required one off-street parking space and is within walking distance to the commercial core. Staff finds this criterion to be met. 5 tzix li 11-3 i' + 't-/0 Resolution No. 4~ (SERIES OF 2000) RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A VARIANCE TO THE RESIDENTIAL DESIGN STANDARDS FOR"SECONDARY MASS" AND A VARIANCE TO DENY THE SETBACK REQUIREMENTS OF THE R-6 ZONE DISTRICT FOR THE NORTH M OF LOTS R AND S, BLOCK 35,309 N. THIRD STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-124-24007 WHEREAS, the Community Development Department received an application from Mel and Mary Gallant, owners, represented by Earl Anderson of Anderson Design, for a variance from the Residential Design Standards and Variances from the dimensional requirements of Chapter 26 of the Aspen Municipal Code for the north !4 of Lots R and S, Block 35,309 N. Third; and, WHEREAS, the property located at 309 N. Third is a 3,000 square foot, located in the R-6 Zone District, and currently contains a single-family dwelling; and, WHEREAS, pursuant to Section 26.410.020 of the Aspen Municipal Code, Community Development Department staff reviewed the applicant's application for compliance with the Residential Design Standards of Section 26.410.040 of the Aspen Municipal Code and found the submitted development application to be inconsistent with Standard 26.410.040(B)(1), Secondary Mass, of the Aspen Municipal Code and the dimensional requirements of Section 26.710.040; and WHEREAS, Section 26.410.020(C) of the Aspen Municipal Code provides that if an application is found by Community Development Department staff to be inconsistent with any item of the Residential Design Standards, the applicant may either amend the application or appeal staff' s findings to the Design Review Appeal Board pursuant to Chapter 26.222, Design Review Appeal Board; and WHEREAS, pursuant to Section 26.410.020(B) of the Aspen Municipal Code, the applicant submitted a request for a variance from Standard 26.410.040(B)(1) of the Aspen Municipal Code to the Design Review Appeal Board as it applies to secondary mass and the dimensional requirements of Section 26.710.040; and WHEREAS, all applications for appeal from the Residential Design Standards of Section 26.410.040 must meet one of the following review standards in order for the Design Review Appeal Committee or other decision making administrative body to grant an exception, namely the proposal must: 1111111111111111111111111111111111111111111111111111111 451738 02/22/2001 11:48A RESOLUTI DAVIS SILVI 1 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO a) yield greater compliance with the goals of the Aspen Area Community Plan; b) more effectively address the issue or problem a given standard or provision responds to; or c) be clearly necessary for reasons of fairness related to unusual site specific constraints; and WHEREAS, Section 26.314 0 f the Aspen Municipal Code provides that an application for a variance from the dimensional requirements o f the code can be reviewed by the Planning and Zoning Commission if it is part of a consolidated process; and WHEREAS, in order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan and Chapter 26 of the Aspen Municipal Code. 3. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure. 3. The literal interpretation and enforcement of the terms of Chapter 26 of the Aspen Municipal Code would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty. In determining that the applicant's rights would be deprived absent a variance, the Board considered certain special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and 8 which do not result from the actions of the applicant. 0 1- Z WHEREAS, during a duly noticed public hearing at a regular meeting on -O >0 October 3,2000, the Planning and Zoning Commission, which also served as the Design ~ 5 Review Appeal Board, approved a variance from the Secondary Mass standard of Section -X 1- 1- 26.410.040(B)(1) of the Aspen Municipal Code as it applies to secondary mass for 309 L N. Third by a vote of 5 to 0 and denied variances from the dimensional requirements of 0 Q we Chapter 26 of the Aspen Municipal Code by a vote of 3 to 2, without conditions, G OZ NOW, THEREFORE BE IT RESOLVED by the City of Aspen Planning and Zoning - 2 Commission, also serving as the Design Review Appeals Committee and Board of s Adjustment: 0 9 Section 1 NÂ® \N That a proposed variance for a single-family residence at 309 N. Third Street, Aspen, 04 Colorado, is approved pursuant to Section 26.410.040(B)(1), Secondary Mass, of the loo. Residential Design Standards finding that a variance is clearly necessary for reasons of fairness related to unusual or site specific constraints. 4- 01 2 111111111111111111111111 ~|~~| ||| Ill||I ||11||V~| 2/2001 1 :4 A R OL Section 2 That the proposed five (5) foot rear yard setback variance, and ten (10) foot combined front and rear yard setback variance for a single-family residence at 309 N. Third, Aspen, Colorado, is denied pursuant to Section 26.710.040(D)(4), Minimum Front and Rear Yard, finding that none o f the review standards have been met. Section 3 All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public .hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4 This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5 If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity o f the remaining portions thereof. APPROVED by the Commission at its regular meeting on October 3,2000. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: RU- AlÂ»1 1 (1 CiÂ¢ Attorney i Robert Blaich, Chair ATTEST: 1111111111111111111111111111111111111111111111111111111 451738 02/22/2001 11:489 RESOLUTI DAVIS SILVI 0420 ~133~AU 3 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO W City Clerk g:\home\saraho\planning\drac\309nthird 111111111111111111111111111 lilli lilli Ill lilli lili lili 451738 02/22/2001 11:48A RESOLUTI DAVIS SILVI 4 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO 4 FEB.21.2002 2:15PM ASPEN HOUSING OFC NO.609 P.1 6,671 6 i f * 4 MEMORANDUM TO: James Lindt FROM: Cindy Christensen, Operations Manager DATE: February 21, 2002 RE: RECOMMENDATION ON ATTACHED/SUBORADE ACCESSORY DWELLING UNrr ISSUE: The applicant is requesting a Special Review with the Planning and Zoning Commission to cons#uot an accessory dwelling unit (ADU) that will be located subgra<le within the principal residence, The Housing Board was asked to roview the application and unit for livability. Â»ACKGROUND: The Housing Board reviewed this application at their Regular Meeting on Febrwry 20, 2002. City Council approved a new ADU policy that is stated in Ordinance No. 46, Series of 2001, and approved on December 17,2001. This specifically states that the ADUmust function as a separate dwelling unit and shall be detached from the prinwy residence. Howover, the applicant has the ability to ask for a variance under a Special Review, which is by tho Planning & Zoning Commission. Tho criteria for allowing variances are apecified in Section 26.520.080(D), and relate to design and character, with one reference to "promotos the unit's general livability." Staff is requesting the Housing Board to make a referral to P&Z regarding theunifs livability, The applicant is requesting approval to construct a home and would like to do so under Section 26.470.070(B) of the City Land Use Code which defines, authorizes and regulates the process for exempting the development of single-family and duplex residences from the scoring and competition procedures of the Growth Management Quota System (GMQS). In order to qualify for a single.family exemption, the applicant has five options: 1, Providing an above grade, detaohed Accessory Dwelling Unit (ADID. 2. Providing an ADU authorized through Special Review to be attached and/or partially or fully subgrade; 3. Providing an off-site Affordable Housing Unit within the Aspen Infill Area accepted by the Aspen/Pitkin County Housing Authority and deed restricted in accordancc with the APCHA Guidelines, as amended. 4, Paying the applicable affordable housing impact fee pursuant to the APCHA Guidelines, as amendei 5. Recording a Resident.Occupancy (RO) deed restriction on the single-fhmily dwelling unit being constructed. There is no specific order or priority for the five options. Any applicant can fulfill this exemption in any of the five options stated above, The owners of the property located at 309 North 3rd Street begÂ«n planning fheir home in 2000. At that time, the ADU program allowed for subgradc units without requesting a variance. However, they aubmitted their application in January of 2002, The owners are asking for a Growth Management Exemption under condition number 2 above. The owners are requesting approval to place the ADU subgrade due to the constraints of the property. The lot is only 3,000 square feet, and with the current getbsck requirements, the property is constrained fltrther to only 1,400 square feet in which to build * home. Tho owner is not asking for a floor area ratio bonus, therefore, FEB.21.2002 2:15PM ASPEN HOUSING OFC NO.609 P.2 the unit is not required to be rented. If the unit were being provided under the mandatory restriction, the unit would have to be detached and be a "for-salc" unit. The unit being proposed is 603.54 square feet with 10% of the space reserved for storage and also includes a laundry room. RECOMMENDATION: The Board reviewed the application and recommended approval for two specific reasons: 1) the unit is not being provided under the mandatory occupancy requirement and 2) the constraints ofthe properg. This lot is 50 foct by 60 feets whereasmost lots are 100 fectby 30 feet StafT feels that this is not setting a precedent due to those two main issues. The Board also recommended approval with the following conditions: 1. All requirements under the Uniform Building Code are met. The Unifbrm Building Code requires a certain amount of natural light br units located subgrade. 2. The deed restriction is recorded prior to building permit approval, 3. A site inspection is performed prior to Certificate of Occupancy. 614:h-dv.f-\Phill'0.1120041. 2 Exhlbirt "8,1 Land Use Application Package Special Review for subgrade ADU Subject Property: 309 N. 3rd St. Aspen, CO Submitted By: Earl Anderson Anderson Design Studio, Ltd. 406-K ABC Aspen, CO 81611 970-925-6723 429 LAND USE APPLICATION PROJECT: Name: GS,9 l l ar, 1 1kt.A dlen r-Â£-. Location: 9 0 9 /6 6 n:f ey., Art-6 'A Lfs 8/64 85 (Indicate street address, lot & block number, legal description where appropriate*45, APPLICANT: Nanle: N)Â©14 tikxlote GollwtÂ·Â·- Address: 00 9 d . 34 1 4+ . Aefu ' c.t KI Gl \ Phone #: 99-0 - 6 069 REPRESENTATIVE: t Name: 13*1 Anclf,Â» C A)rWÂ»*4 40<394. Address: 4-0 0 -IC Ate, 1 AEP ; re 4,1 41 1 Phone #: 41-67- 4% Fe- 3 TYPE OF APPLICATION: (please check all that apply): Conditional Use D Conceptual PUD j Conceptual Historic Devt. Special Review 1 Final PUD (& PUD Amendment) Â¤ Final Historic Development Design Review Appeal C Conceptual SPA j Minor Historic Devt. GMQS Allotment I~ Final SPA (& SPA Amendment) 0 Historic Demolition GMQS Exemption I Subdivision O Historic Designation ESA - 8040 Greentine, Stream E Subdivision Exemption (includes m Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane U Lot Split [3 Temporary Use 0 Other: ~ Lot Line Adjustment U Text/Map Amendment EXI~ING CONDITIONS: (description ofexisting buildings, uses, previous approvals, etc.) A p4 k- Bi llf yeR, de,tte- r 79-Z 6.f., 9-- 'fri#r m"Wa (4: C fâ‚¬441; 2,4 95-40, t oÂ¢+ 3.2-eas *Ci>,14.6 akew}0-+T,Â¥1 -rrivn '5â‚¬44,- m&44 m~-4 PROP9SAL: (description ofproposed buildingB, uses, modifications, etc.) RA~j Â£37,â€¢de 84 6 ,444 et k,/ Ato + ba $ 04-lfâ€¢.4 F f . r Kp (1 c-A W. A A-â‚¬%# I( p (,-h 6,1. Have you attached the following? FEES DUE: $ [El' Pre-Application Conference Summary [Z~ Attachment #1, Signed Fee Agreement [E Response to Attachment #2, Dimensional Requirements Form [* Response to Attachment #3, Minimum Submission Contents ef Response to Attachment #4, Specific Submission Contents ~zf Response to Attachment #5, Review Standards for Your Application m m m C?Kcl JAN-17-2002 THU 12:07 PM FAX NO, P, 01 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt 920.5095 DATE: 1/17/02 PROJECT: 309 N. Third Street REPRESEN'VATIVE. Eart Anderson OWNER: Mel Gallant '1YPE OF APPLICATION: One Step DESCRIPTION: Special Review for an ADU to allow for a subgrade and attached ADU to bc constructed and count for a GMQS exemption- Mandatory Occupancy Deed Restrictions are no longer accepted by the City, Land Use Code Section(s) 26.470. Growth Management; 26.520 Accessory Dwelling Units Review by: P&2 Public Hearing: Yes Referral Agencies: Housing Planning Fees: Deposit ($500 for 2.5 hrs ofstaff time. Any Planner time spent over the 2.5 hours will be billed at $205.00 per hour.) Referral Agency Fees: $180 (Housii,g) Total Deposit: $680.00 To apply, submit the following information: /1. Proof of ownership / /2 Signed fee agreemelit / /3 Applicant's name, address and telephone number in a letler signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf ofthe applicant. vt. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance comRMY, Or attorney licensed to practice in the State of Colorado, listing the names ofall owners of the property, and alt mortgages, judgments, licns, easements. contracts and agreements . affecting the parcel, and demonstrating the owner's right to apply for the Development Application. Iataldcpositforreview of thz application_ 06. 1!Lcopies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 1 ,An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. Site map showing placement of improvement f: Mditionat.mal@rials.as required bythâ‚¬ specific review. Please refer to the application packet for specific -submittal requirements or to the code sections noted above. ~10, A written description of the proposal and an explanation in written, graphic, or model form ofhow.thepropgsed devolopme/compties-with tho review st,mdardsrelevant to the dÂ¢voloprA4nt application. Please include existing 89nditions as well as proposed. Di5claimer: 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 thc future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vesled right. Vicinity Map Aspen, Colorado MAipgwâ‚¬'%, *-1 Of-ZIZE=4-J 300Il) 44. '900ft ;UeÂ·90 LA b -asue - rio 4, e. 'z? M/ 214' c, r 4, st 1 .6 4 ..Â£- r 1, /9 0 } .4 n ful ~ 0 + 9 111] S [/ B.)r t'! 3 ril : *02*,SQUYi 1,3 Â· ,-. ! i r., 9 4 F: 4 r 1 < p, . + 1. - 1- Per , i n â‚¬t O 1 -1 5 Tria.nole Park ck' 44, 07 2, e f Â· fÂ·Â· <26.29 .Â· Â·uj <fl is. ~~3~.. t. b 2 42'-~ ;0- 2~1. rOf. ~7 4 Hallern s, RIC' Craride E:all ~' Â·.j MA#. 14*~*b<1 13 / 6~"i- -._ 06.194-Â· ' Field h 14.,0 ciL. ,/0 ' 90,9 in.2 /1 0 .. ,-e-,4. 2 -'dli rm , .- tilt?,r 1-1 1 ; f. 0 f 9 I , i. ir .Aspen f 'P . ~~ FRpre. F. ,.1 r. El... ...%--f~ a.~0 3, 9 i ('4 i fo : AA. ~ - 2 4.re i n.,1. i d.k .74 404 1, 1 , , 1 Kel G . 4- 4-90 4. ,1 "~Â·., - Â· 07 -de,gle,r' .4 0 - Hi,+ " 7. 3.ve r ,- â€¢ip* CI I Â·Â·1.1,1,Â·11:5!r,14 2 - Â·Â·. 1999 fÂ·Afip,Quest cÂ©m, IncÂ· : C: 1999 143-i,Â·bÂ·.3tbn Tee:hnok,ges. j 7 Note: The star in the middle of map above indicates the location of the subject property within in the City of Aspen. Property Address. 309 N. 3rd St. Aspen, CO 81611 ArrACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Prdlee: 44//py,f *Ge/,4,1 C<.- Appkcant. nle< 4 Al Ari /40 62//2,3 lf Ineshon. 259 A/Â· 9/0 ' 61Â· 'Mt, , 45 4/67// Zone District: ~2 _ Cp Lot Size: 3/0 0 4. f . 'Lot Arta.-16 â€¢O 4~ . (for the purposes 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.) WA .Adi Commercial net leasable: Existing: - Proposed: Number of residential units: Existing: / Proposed: 1 Number of bedrooms: Existing: â€¢2 Proposed: i Proposed % of demolition (Historic properties only): A~I/4 DIMENSIONS: /94> 1. EE- Floor Area: Existing: Â£~~i~ Allowable:'2-~D D Proposed. ~ Principal bldg. height: Existing: ~t- 0" Allowable: 15 L 6*' Proposed: 2-5 '-22 Access. bldg. height: Existing. /|~~ Allowable: w~#f proposed. U/A On-Site parking: Existing: E Required: S Proposed: 5 % Site coverage: Existing:/~D l.lm;+ Required: KO Lhn,1- Proposed: N. l-167,7- % Open Space: Existing:Nâ€¢ 74%. Required: Af, 89 Â· Proposed: /Â¢4 #42'~ . Front Setback: Existing: /D' Required: CO ' Proposed: < O' Rear Setback. Existing: 0 ' Required: < A ' Proposed: / D' CombinedFIR: Existing: ~~ ~ Required: Q.Â·5 proposed: '26 Side Setback: Existing. '5 Required: 5 ' proposed: ip * e Side Setback: Existing: 6 Required: 5' proposal 5 Combined Sides: Existing: ~0* Required: /O* Proposed: / O ' Existing non-conformities or encroachments: 0~ ObtTIOM b -294 0>'st hws-c- 16 64 8- 1,il-hin -11Â£ rtur 61.6 6+4 ack a /-t lk. 44 Ahsâ€¢, 14 Orprf , 3 4 414 Woni *etbjek 4 00-f-64â€¢U HAL FÂ¥*6Â·t Variations requested: liÂ»4. 641.4 /42/. Attachment 3 Minimum Submission Requirements Special Review-ADU 309 N. 3rd St. Aspen, CO 1. Letter of Authorization; See Attachment 2. 309 N. 3rd St. Aspen, CO 81611 North half of Lots R & S, Block 35, Aspen, Colorado 3. Disclosure of Ownership; See Attachment 4. 8 1/2" x 11" Vicinity Map; See Attachment 5. Site improvement survey; See Attachment 6. Proposed site plan; See Attachment 7. Written Description of the proposal: Proposal: The owners of the subject property are proposing to provide a sub grade, attached ADU which meets all of the former ADU standards and, in addition, will count for a GMQS exemption. Explanation: The owners have been been planning this new home, along with its subgrade ADU, since January of 2000. And while the owners are fully aware of the recent changes to the ADU requirements, adopted as of December 17, 2001, the newly approved ADU ordinance does not change the constraints which exist with the subject property. This propety is just one of only two lots in the West End which happen to be only 3000 s.f. Taking into account the current setbacks, the property is constrained further to only 1400 s.f. in which to build a home. The allowable FAR on this property is currently 2400 s.f. which works well if the ADU happens to be subgrade. Requiring the ADU to be above grade, and detached, seriously hinders anyone from having the opportunity, and the right, to build a new home on this property. With this in mind, the owners are requesting a variance and an exemption from the current ADU standards which will allow them to build their home and, at the same time, provide a well designed subgrade ADU for the City of Aspen. See Attachment 4 for a further written explanation. Also refer to the following attachments: Existing and proposed site plan & Proposed floor plan for the ADU. Attachment 4 Specific Submission Requirements Review Standards Special Review for the Development of an Accessory Dwelling Unit 309 N. 3rd St. Aspen, CO Written Responses 1. The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the unit' s general livability. Response: The ADU we are proposing is 603.54 s.f.(net liveable), with 10% of this space reserved for storage, which falls well within the 300 to 800 s.f. requirement. It also functions as a separate dwelling unit with its own entry from the exterior, separate utilities, and a separate kitchen with an oven, stove, sink, refrigerator, freezer and dishwasher. The unit also has its own laundry room. As previously mentioned, this ADU meets all of the former ADU standards. 2. The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configurations, landscaping, privacy, and historical significance of the property. Response: The ADU we are proposing is subgrade and, therefore, has no relative relationship to the primary residence or other site features except that it has its own separate and covered exterior entry. Additionally, we would like to remind the P&Z that due to the size of the lot and its subsequent constraints, the property has already received prior approval for a variance and an exemption from the Secondary Mass requirement. (Refer to Resolution No. 45-2000, Oct. 3, 2000) 3. The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of on-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. Response: The ADU we are proposing is subgrade and, again, has no relative relationship to the primary residence. However, it is worthly to note that the existing house(See existing site plan) is highly non-conforming in nature, and has several encroachments into the current setbacks. To the city's benefit, any approval for a subgrade ADU and, subsequently, the construction of a new home on this property will only serve to resolve these non-conformities and help the property fit better into the existing neighborhood. The owner's new home(See proposed site plan) will also allow for the garage and all required on-site parking to be moved to the alley which goes hand in hand with the city's Design Review Standards and will also give back to the city more available on-street parking. FEB.15.2002 10:44AM ASPEN HOUSING OFC , NO.548 P.2 , AGENDA FOR THE REGULAR MEETING OF THE HOUSING AUTHORITY BOARD OF THE CITY OF ASPEN AND PITKIN COUNTY WEDNESDAY, FEBRUARY 20,2002 The Meeting will be held in Plazal Meeting Room, Platal 530 East Main Aspen, Colorado 5:00 p.m. I. Call Regular Meeting to Order at 5:00 p.m. H. MINUTES: Approval ofthe minutes of February 6,2002 1IL PUBLIC COMMENT N. EXECUTIVE DIRECTOR'S COMMENTS V. DIRECTORS' COMMENTS VI. EXECUTIVE SESSION: A C.R.S. 24-6-402(4)(d), Personnel Matters vn. ACION rrEMS: A. Policy for In-Complex Moves on Rentals Managed by APCHA - Nethery/Jones (5:45 - 6:15 p.m.) B. North 40 Buydown on Handicap Unit Â· Christensen (6:15 - 6:45 pm,) C. 309 N. 3rd Street Review for Subgrade ADU - ChriatensÂ¢n (6;45 - 7:15 p.m.) vm. INFORMATIONAL ITEMS â€¢ Revised Work Plan â€¢ AACP Work Plan NEXT REGULAR MEETING, MARCH 4 2002 TIMES ARE APPROXIMATE ,15.2002 10:44AM ASPEN HOUSING OFC NO.548 P.1 Housing Office CIty of Aspen/Pitkin Counly 580 East Main Stmet lower level Aepel'~, Colorado 81611 (970) 020-5050 9----14 Fax: 070) 820-5680 wvmupenhowâ€¢Ingomce.Com FAX TRANSMITTAL FORM Date: 2-10-01 9 414 ,~aÂ¥ FAX #: - 0-IMPJ Telephone #: Fax consisting of legal and/or _fI~ letter size pages OncludIng this cover page). Brief Description or Additional instructions: - \39- 224_KA ~MA_ y- If you have any problems receMng this transmission, please call__ at 970-920-5050. FEB.15.2002 10:44AM ASPEN HOUSING OFC NO.548-- P.3--'-- MEMORANDUM TO: Housing Board FROM: Cindy Christensen, Operations Manager THRU: Mary Roberts, Executive Director DATE: February 20,2002 RE: RECOMMENDATION ON ATrACHED/SUBGRADE ACCESSORY DWELLING UNIT IEEE: The Board is being asked to review a request for a Special Review for an accessoly dwelling unit to be located subgrade within the principal residence. BACKGROUND: Staff felt that the Board should review this request since the applicant is requesting a varianGo of the policy that wai recommended by the Housing Board and approved by City Council. City Counoil approved Ordinance No, 46, Series of 2001, on December 17, 2001. This specifically states that the ADU must fUnction as a separate dwelling imit and shall be dotached from the primary residence, However, the applioant has the ability to ask for a variance under a Special Review, which is by the Planning & Zoning Commission. The criteria for allowing variances are specified in Section 26.520.080(D), and t,Iate to design and character, with one reference to "promotes the unit's general livability." StafT is requesting th: Housing Board to make a refbrral to P&Z regarding the unit's livability. The applicant is reque:ting approval to construct a home and would like to do sO under Section 26.470.070(B) of the City Land Use Code which defines, authorizes and regulates the process for exempting the development of single-family and duplex residences ftom the scoring and competition procedures of the Growth Management Quota System COMQS). In order to qualify for a single-family exemption, the applicant has five options; 1, Providing an above grade, detached Accessory Dwelling Unit (ADU). 2. Providing an ADU authorized through Special Review to be attached and/or partially or fully subgrade; 3. Providing an off-site Affordable Housing Unit within the Aspen Infill Area accepted by the Aspen/Pitkin County Housing Authority and deed restricted in accordance with th, APCHA Guidelines, as amended 4. Paying the applicable affordable housing impact fee pursuant to the APCHA Guidelines, 98 amended. 5. Recording a Resident-Occupancy (RO) deed restriction on the single-family dwelling unit being constueted. There is no specific order Or prio:ity for the five options. Any applicant can fulfill this exemption in any of the five options stated above. The owners of the property located at 309 Notth 3'~ Street began planning their home in 2000. At that time, the ADU program allowed for subgrade units without requÂ¢.ting a variance. However, they submitted their application in January of 2002. The owners am asking for a Growth Management Exemption wider condition number 2 above. The owners are requesting appmval to place the ADU subgrade due to the constraints of the property. The lot ig only 3,000 square feet, and with the current setback requirements, the prOpCIty is constrained further to only FEB.15.2002 10:45AM ASPEN HOUSING OFC NO.548 P.4 1,400 square feet in which to build a home, The owner is not asking for a floor area ratio bonus, therefore, the unit is not required to be rented. If the unit were being provided under the mandatory restriction, the unit would have to be detached and be a "for-gale" unit The unit bcing proposed is 603.54 square feet with 10% of the space reserved for storage and also includes a laundry room. RECOMMENDATION: The Board needs to decide if the unit meets the livability standards. Staff is recommending that the Board approve the request fortwo specific reasons: 1) the unitis notbeing provided under the mandatory occupancy requirement and 2) the constraints ofthe property. This lot is 50 feet by 60 fect, whereas most lots are 100 feet by 30 ket Staff feels that this is not setting a precedent due to thotÂ¢ two main issues. Staff is also recommending approval with the following conditions: 1. All requirements under the Uniform Building Code are met. The Uniform Building Code requires a certain amount of namral light for units located subgrade. 2. The deed restiction is recorded prior to building permit approval. 3. A site inspection is performed prior to Certificate of Occupancy. clch\Nord\,â€¢f-lipt,Illica,1200.doÂ¢ 2 MEMORANDUM TO: Plans were routed to those departments checked-off below: O........... City Engineer Zoning Officer .,-........... Housing O........... Parks Department 0........... Aspen Fire Marshal 0........... City Water O ........... Aspen Consolidated Sanitation District Building Department O ........... Environmental Health O ........... Electric Department O ........... Holy Cross Electric O ........... City Attorney 0........... Streets Department 0........... Historic Preservation Officer O........... Pitkin County Planning TO: Cindy Christensen. Housing Authority FROM: James Lindl. Planner Community Development LDepartment 130 S. Galena St., Aspen. CO 81611 Phone-920.5095 Fax-920.5439 RE: 309 N. 34 St. Special Review for subgrade ADU DATE: January 25.2002 COMMENTS: Cindy. Please find attached an application for special review approval to construct a subgrade ADU. The land use code was amended in December requiring applicants to go through a special review to be able to construct a subgrade and attached ADU. The special review is also required to allow the ADU to be used for a GMQS exemption. Please return any comments to me by February 86. Thanks, James 01/18/2002 21:36 9709256724 ANDERSON DES--9 STDO PAGE 32 Mel & Manlyn Gallant f 309 N. 3rd St. Aspen, CO 81611 970-9206869 January 21,2002 Aspen/Pitkin Community Development Depactment 136 S. Galena Street Aspen, CO8 I 611 Re Special Review fortsubgrade ADU To whom it may concelln: We hereby authorize Marl Anderson, of Anderson De3ign Studio, Ltd. 406-K ABC, Aspen, CO i 81611, 925-6723 to be our representative for the 309 N. 3rd St Special Review for a subgrade ADU. We also authorize Tom Smith, Attorney, of Austin, Peirce, Smith, 600 E Hopkins, Aspen, CO r 81611,925-2600 to be present at the meeting and serve as our reprMentative and legal council. / f 4* 0&*thdait. Madlyn Oallank I0 39Vd SNM311Vd 6P9LI6L I0:50 666I/90/E0 01/17/20e2 20: 33 9709 rilb 0333 ANDERSON DESI TDO PAGE 05 A 41'EN 'Pl E KIN CM) 11 711.'N 1 1 )' 1) EVT,L.(1 1'&1F N']~ 1)Â£1' ART MEN"f 4-Ar-4Â¢rlt-~.|.il-ff,Ir I'P,}.1kirrit t,f ('ilv (pf ANI)*I; 1)tâ€¢, iÂ·li,pl~~l~nl Al)plirâ€ž 1,(in FeeÂ¥ ....... CITY OF ,ASPEN Chereinaf'.*r CITY) And -~24-0 ,3â‚¬*z_#w__ AAÂ«- -__-- _ Cheiciiwfier APPLIC~-ANT).4(,RE AS rOLLOWS I APPLICAN-1- hlisii, unit:cd 10 C 11'Y an applization fur -.-' ''319-- N 1 -'7'r. -iD//----75~6 Et-*u. c h:re.niat-le:-1 T'11,3 PI'.OJECD, 2. .APPLIC,ANT under:,lands Mid ay.rces thÂ¥,1 CI[)' 01 Aspen Ordil-lance ?Â·41 8 (Series of 2000) t'hwb!e>he.9 a tee structure for Larid Lise appl,Call (im and the payment r,fal] processing fun k a condition precedent 1.0 zi determ )!,tabor Of t.ppitzilli*''n COnlpll.ter,CbS 3 APPL]:LAN'l a.:d C}TY agreeÂ· dic! twicau,Te of the size. nature or :cope of the proposed project, it is :101 poss:We 01 this hme to dicertlin tho fill| extent c! the costs involved in processing 1110 upplicalion. ./\ Pri.] C ANT and C 1 1-Y furilirÂ· 411 roe 1. h 1, 11 5 In the imerc.st of the parties that APPLICANT make payment of un intlial *e:it und 10 14(realler permit additi'>nal co,ts w be billed to APPLICANT on a monthly basis. APPI-]C.'AN!- axi-web add!110,13! a,Â·.15 17)av oucnie following ihcir heari!11;5> and.;f,T approvali. APPLICAN'P agrees he will IX licnei-lied b> it.liciming vi-eater Lasl, liquidity and will make additione] parrnenth upon notification by the ~ r ITY Nhen 'hÂ¢> @Te ne.essst> as c.opt# 43Â·r incuned C'] fY i,grees it ,â€¢11! be henefried throllÂ© the grtater certaint) ofrecoming ils ful! co sts in prÂ·xes. APPLICA'NT'S al,rlication, 4. CITY and APPLICANT forlher' 8141'ee iliM A is mipracticable' 1'01' C)13' staff to complele 7.,cES),Ing or prer.ent Sufficietit information m ilic PlannilÂ·,g, Commi 55 ion lind/oi C it> c':l)\mci i to enable th c P 1 81,ning Commission undior C.ity Council Ic unkÂ¢ leg;illy required lindings fur project con;,derdtion unle,5 elirrent bill,112.1 L girc paid in full 11; jor to de.Cit-Â·lti!'1. 3, Theretore. APPL]CANT agrees whal in ,;<insidulation ofthe CITY':Â·: '.,'#0.Â·cr c..f ils right :n colleÂ¢; full fees pric,1- 54) a detenniÂ·gal,Mi cf application cnmpkiencis, APPLICANT $1Â·al! reÂ·.' fin initi;:Ii deposit m [he Pimourq of k...Qk~-f w#]th is 10, .24/~, Â·-- - 11(,plrs (,f ('â€žMnmuritty DerekÂ»,iÂ·intet~t ';laff linie. Mid if- acrual regorded c(,cts =xceÂ¢(1 the inim; depalt. APPL.ICAN I shail p;:-0 ddjitiolial monthi, b;ll.nus le Cln' to reiniburse the C.' 1 TV for (11Â¢ or(,&95$,ng af tht applic'ation nie,moned above. iticlud:ng post appro 91 fÂ·eview at a rate of $205.00 p,T pianitel hour' 04:,2" the m,4,9 1 dely)%11 5,}cl, peric.(lic i,nymelit; Allall bc markÂ· M ill'in 30 G.es of the billing dale APPL]CANT forther agrees 11131 failure lo my such deemed :osfs shall be gloundE j'w juspension of p:'ocessing Lnd in no case will building permity he fiued unnl all costs asbociated with case pyÂ·oce...Airip, have been paid. C. ITY Or AN['iÂ·.N APPL]*AN'r/7 - 2/SÂ»6y-- V "Altl/./40#1 / 2 7, /4 L.**26* 2456245â‚¬â‚¬7 IVV- Â·0'w Ann *Ded: lin 18-2 ~ DevelownÂ¢ni ]*rector DA teÂ·; 1 1 Mailing Addrew: ' 4 ca N. 9-4 4 g. \% upport 1~fo r' in &\. g ]' pa 1 i. &. (10 c 1/1 (1/01 IQ 39Vd SNhl311Vd 6P9LI6L LE :Ze 666 I/*0/E0 AUG.30.2000 12:08PM STEWART TITLE ASPEN NO.993 P.2 STEWART TITLE OF ASPEN~ INC. OWNERSHIP AND ENCUMBRAN E REPORT Order No.: 00027451 PREPARED FOR: 9999900 SlEWART TrnÂ£ OF ASPEN, INC HEREBY CER'ZIFIES#om o search of the books in this ojice that title to: The North Half of Lot R and the North Half of Lot S, Block 35, CITY AND TOWNSITE OF ASPEN situated in the County of Pitkin. State of Colorado, uppearÂ¥ m be vested in the name of: MARILYN GALLANT and that the above described property appears to be subject ro the.following liens: 1. A Dead of Trust dated August 12, 1994, Ixâ€¢cutâ€¢d by Marilyn Gallant and Melvin Gallant, to t~, Public Trustâ€ž 01 pitkin County, to secure an indebtidneas of $195,000.00, in favor of Norwent Mortgage. Inc., recorded August 15, 1994 in Book 758 at Page 497 as Reception No. 3 7.318 Z . EXCEPT any and all taxes and assessments. EXCEPT att easements, rights of way, restrictions and reservations of record. This report does not refect any of the following martersÂ· (1) Banluwtcies which, from date of adjudication of the mos! recent bankruplcies. antedate the report by more than fourteen (14) years 0) Suits and judRments which, from date of entry, antedate rhe repon by more than seven (71 years or until The gowming statue of limitations has expired. whichever is the longer period. (3) Unpaid tox liens which, from date of payment, antedate the report by more than seven years. Although we believe the jacts srated are trut this lener Is not to be construed as an abstract of title, nor an opinion of ritle, nor a guaromy of title, and it is undersrood and agreed thai Stewart Title of Aspen, Inc., nehher assumes, nor will be charged with any jtnanclat obligation or liability whatever on any statement contained herein. Dated: July 27, 2000 at 7:30 A.M. , at Aspen, Colorado STEWART IlTLE OF ASPEN, INC, 8,f' Alanortze(* 91Â»11-re 100'-0" I / 1 Existing Home Typical 0 liD Property Line Typical - â€¢ Setback Line Typical ./." flce - - - - - _35* Iard Setback I _2079~ Existing house(approx. 200 s.f.) is non-conforming and encroachs 1//////' into the rear yard setback; 1 *3428 4/<Mff , it is proposed to demo the exist*ing X) house which will elin- nate this condition 0 \ 9////4 <\ 4/0///0 and bring the proper-y into conformance -4/////// vith current zoning Â·egulations ____-__---___ \\ V // L -------------- 3 ---- -- - - Â·L==J Existing Driveway Existing Drive*ay Existing Driveway 50'-0" 50%0â€ž Existing roof overhang(carport) is non-conforming and not only Existing Site Plan Subject Property(Existing) encroachs into the front/rear yard setbacks, it also extends outside the property lines; it is proposed to demo the existing Scale: 1 "=10'-0" 309 N. 3rd St. house which will eliminate this condition Existing House = 976 s.f. and bring the property into conformance Area within Setbacks =1400 s.f. Allowable FAR =2400 s.f. N. 3 RD ST. with current zoning regulations. Existing Driveway -1 1 1 1 1 1 j W. HALLAM ST. 5 r Side Yard Setback 0.1.S SIONVM=I 'M S E 33019 1311Â¥ ~ 100'-0" . Existing Home Typical ---- Property Line Typical . Setback Line Typical ~ ~ â€¢ ~ D,ung f ince 1 1 1 1 1 l '1 lili \ 1 ~ 5' Side Yard Setback -------- 1 - 5 ./ack Ircarpaft 7-~11= - yp,i : r=~7Â¥#mift'%L Section 26.710.04Â¢ overh,ng per Land UÂ» :tÂ·- il 3 6 --24.3 '2=1-7'J 1 4-ZI.tÂ»Z7'..~~Ul A 01: 'F==Fl : 41.-1 I ' i il Parking-ADU 1 I 1- -I-- 1 S i 1 19 e 1 1% 9 g 1 1 1 ~ -15' Front Yard Setback ~I 18â€¢ F.lit porch a,~h./ I .r L@nd Usebact.on:â‚¬ 575040 J ~ Propertylne Typ. < < 40 Existing Driveway Existing Driveway 50'-0" / 50'-0" i Proposed New House allows for Proposed Site Plan Subject Property(Proposed) the new garage and parking to be moved 309 N. 3rd St. to the alley and eliminates any driveway H Allowable FAR =2400 s.f. j or parking access from 3rd St. Scale: 1 "=10'-0 Proposed New House FAR = 1961.55 s.f. Proposed subgrade ADU(Net Liveable)= 603.54 s.f. N. 3RD ST. lTv-39 Â«4==44-,1 Existing Driveway ' ill=::> 1 1 Mil 1 1 48 1 11 1 It 1 W. HALLAM ST. 60'-0" lS SIONVMB 'M SE >0019 13114 1 1 1 1 1 1 1 39'-8" 1 1 I , 22'-61/2" 171-1 1/2 ' ~ lili 8'-61' 5 1/2' ' / 12' 0 s., 11'-512 2 4,-0. 81 1 1 Garage Slab Above~ MainHouse~ Mech. 1 ' 4,4 6...N i 1 Foced I 1, 19 Owner's 1 Storage 1 ,- L P,c.id. fo. Ill'Ik~~n~@b.+raW'le. '4.91 1 M-e AChr.~hantorfly 3 AD:J O./ *l,cl~ ./Il 1 2 .'..IL T 1000000 ---4-4-":-.31-W----<LA ,-2 ED E,/7// b --0 4\1 7 =r FE~~1 - 541)f'#1/ ,9*621~444~0044/4, M b 41 16*Vt. 1 : :) LA ' b r yr1 1 17 p~.)' / .5 .41)1%4*,1YR// / 2<iÂ¢fien/~:411 M ,/ I / /// . /9 f -,MS,C~'~1121 ../ 56 7& s0 1/9 / 1 11 = 1 - 0 ll/El,klilÂ« 41 1 1 1 CO 1 1 . 1 I I 1 --212- ~1 - 1/ I' I 4 -1 I.Ll - 4 /1 \ '11 , 1 1 .1 1 --'. r. 'L#~ ~ - F'~ 1 Existing/Finish Grade I i 1 1 1 15 1 1 1 1 2 N 1 1 1 1 1 1 1 ADU entry door ~ < & covered entry roof 3 12 ,111/2" 0 1 '-0" 3 12.2-0" .2-5 1/2 1 17'-01/2Â· I I 7 3 1/2 1 1 1 1 1 1 1 18'-0" I 1 1 4'-O" 1 Proposed ADU Elevation I I ' fl 1 1 1 1 1 Scale: 1/4"=1'-0" Proposed ADU Floor Plan Scale: 1/4"=1'-0" 17'-0" .501Â«rrolib CENTIFICAT-E 1, JAMIED F. SEDEâ‚¬, 1--]rmimr' CLEÂ«Fi THAT ON FLE)<UÂ«f- 2-3, 2<UL) 1 MAPE A VISUAL INIDFETION OF -TI-lE FKOFEATY *HCLWH HOKECJIN AND FCUND RIO 0-]AlÂ·46Â» DEEPT- AD â‚¬4-ICANN AND NOTED ble<50#. ALf'IHE ea~79~~2~~ 9Â» 4 I Dg<PE- *'9!84 ) '1 , 042*90%\'.. F*Eft,79,7 L.<â‚¬ 11=31.-k~te&44/ ALLEY BLOCK 35 S 75Â°09'Il"E 60Â·00 r. PED. 7 -7"L Boxes FOUND, 6 8 FOJND REBAR Wr PL AS CAP -/PED -2,4-- REBAI VWPLAS.CAP--Â·-' /5 12707 ELEC FED j '3 7 -77 IL 51.!?t707---- / WOOD DECK Â¢ / 997 w, 1 Â·86'~0*7- - 1 es'ITOFF VALY' I co*E HOT 708 1 A// ~~~14 1 1 1 J / ~1 ~Via,AR PORT CON< DIVE 15 1 1 1 1 1 0 5 10 20 30 40 50 N ''f,1, 4094/~ J H SCALEÂ· I'= IO BASIS OF BEARING' FOUND MONUMENTS AS SHOWN. 19/3/9Â»9TÂ«/UnÂ»034Â»92=12 . M :, /Â«00:{/1/4~ 72% i F 1 *URVEYOR'S CERTORCATE 1 HEREBY CERTIFY TO MARILYN GALLANT P,TKIN COUNTY / / /// / /./ 1 7.25 ~ % Ai TITLE,INC. AND HERBERTS. KLEIN,PROFESdIONAL CORP. 1 - ' ... / ' THAT THIS MAP ACCURATELY DEPICTS A SURVEY MADE UNDER I MYSUPERVISION ONAPRILI7TH,[9920FTHENORTHHALF WOOD DECK | i= OF LOTS R 8 S , BLOCK 35,CITY OF ASPEN,COLORADO. THE ONE 1 12/ STORY HOUSE WAS FOUND TO BE LOCATED ON THE ABOVE ./ DESCRIBED PROPERTY AS SHOWN HEREON. THE LOCATION AND 13Â·2'* i DIMENSIONS OFALL BUILDINGS,IMPROVEMENTS,EASEMENTS, ' RIGHTS-OF-WAY IN EVIDENCE OR KNOWN TO ME AND ENCROACH- MENTS BY OR ON THESE PREMISES ARE ACCURATELY SHOWN. COUND. .1 SET: MATTERS CONCERNING THIS PROPERTY. SEE PITKIN COUNTY TITLE,INC. CASE No, PCT-6410 FOR ANY REBAR WT ALU. CAP N 75Â°09 11" W 60Â·00 REBARW/PLAS CAP LS 2376 LS 20,51 ALPINESURVEYS,INC BY: APRIL 22ND,1992 IS R S SURVEYOR'S CERTIFICATE: ~ HEREDY Crel-IFY THAT 34 AuouÂ©T 2, 11'14, /\ VIaJAL ,N5FECTION 9.49 FERFORHED UNDER. 91Â¥ 5.lfifÂ«loOT J OF THE AEDVE DEOCK:BED PROPERTY 1Â© CHANGED WERE RÂ»Â·JO EXCEFT ,Â© 5HMN AND hERED HEREDN ALANE alliUFYâ‚¬,INC m. EPIE _ L. 9 har STEWArT TITLE OF ASPEN, INC ORDER No 00021169 WAD Vt[) IN ll-15 FNEEAKA,lON JF TH 5 50Â«Fy HALLAM STREET NODGE .cording lo Coi,)fa. law yeu rr,~s' commence any legal action Dawd *,W,le#.1 in â€¢hasur,e> *'19 1.ree yea..er,ou 4,9 0,5'ovs' luch defICI Alpine Surveys, Inc. Surveyed 20 APR. 1992 Revisions 0 0 14 (JFEATE Title IMIFIÂ©/CHENT OURVEY Job No 88-144-5 Drafted 22 APR. 1992 2.2100 UPDATE Client BALLANT Ir no eval may enY 'ci,en baied .pon any dedect ;/ m. suivey .e ..mencld .~re man ien *eafs 11- ihe uale 01 ihe cerl,ication shewn laeon N. 72 OF LarK R i 5, Post Office Box 1730 Aspen, Colorado 81611 BLOCK 35 303 925 2688 Â» Ir /Â·r A.76NI mt ArAT, 1-4,4Â°5049"E-* 50Â·00* ~ 30 1 9.4- COMMUNITY DEVI;UW[ENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 * (970)920-5090 City of Aspen Land Use: 1041 Deposit 90 ojoo 1042 Flat Fee // 1043 HPC 1046 Zoning and Sign Referral Fees: \CD (,(10 ~ 1163 City Engineer , 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire Other Fees: 1006 Copy 1165 Renip Fee 1302 GIS Maps 1303 GIS Fee 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1164 School District Land Ded. TOTAL (12/0 {9 . f r \ NAME: (Ll +7 1 l ' 1 I." 4-4 1 4 , ,Â· l Â·c f ADDRESS/PROJECT: ~5-ff> // ' -Al . / PHONE: CHECK# 1 'T If . ,Â· i' CASE/PERMIT#: 2 't' 3...# OF COPIES: \ i DATE: ' * r 1 2' :,_ INITIAL: 4 TELEDYNE POST N39294 1 .501Â«rrOMÂ» CEKT-1 FI CATE I, JAMIE-Â© F. FEDEFfv 1-Â·IEIKE.2Â¥ CEATIFY' TlÂ·-]AT OH FEROAKY. 24 2600 1 IvIAPE A VISUAL INIÂ©FETION OF Th-IE 11<OF'EleÂ©r- 91-Â·16Â»4 HEiKEOP.1 Â»4.E) FCON[3 Wo CHAP46[Fb EXCE.Fr AD â‚¬31-1(EWKI AND HOTED 4-liEKEON. -0â‚¬272%11 Mr <sp* A l 9184 ) ~ DATE= 339, /9/ A UÂ» ~-ftÂ»6'?~~*â‚¬Â«2 jN ~ -st_zia?-------- Lffi Â£1 164 â‚¬~Pt-250Â» ~~419/ TV PED.E --TEL. BOXES ALLEY BLOCK 35 S 75Â°09'Il"E 60Â·00 FOUND, ./- REBARW/PLAS. CAP TV PED. h - FOUND: REBARW/PLAS. C AP -7~ , LS 12707 ,-00 ELEC. PED. . " _---37-1Â§12707-7-E< -'~, WOOD DECK /~ / 1Â·1/ / / A.Na - b e SHUT OFF 1} 11 Â« Â»t VALVE AÂ· 2 HOT TUB 00" t CAR PORT W/ CONC. DRIVE 17Â·25 1 1 1 1 0 5 10 20 30 40 50 SCALE; i= 10' t#:3 BASIS OF BEARING: FOUND MONUMENTS AS SHOWN. 0 0 - f 8 1 994 9 2 0 ,__5.-~ ~~ <~~~~~~~ ~ I - SURVEYOR'S CERTIFDCATE - - [ HEREBY CERTIFY TO MARILYN GALLANT PITKIN COUNTY TITLE, INC. AND HERBERT S. KLEIN,PROFES*ONAL CORP. THAT THIS MAP ACCURATELY DEPICTS A SURVEY MADE UNDER I MY SUPERVISION ON APRIL 17TH,!992 OFTHE NORTH HALF WOOD DECK 6= OF LOTS RaS,BLOCK 35,CITY OF ASPEN,COLORADO. THE ONE 17Â·211 STORY HOUSE WAS FOUND TO BE LOCATED ON THE ABOVE DESCRIBED PROPERTY AS SHOWN HEREON. THE LOCATION AND 13.26 DIMENSIONS OFALL BUILDINGS,IMPROVEMENTS, EASEMENTS, iÂ¢h RIGHTS-OF-WAY IN EVIDENCE OR KNOWN TO ME AND ENCROACH- MENTS BY OR ON THESE PREMISES ARE ACCURATELY SHOWN. - 1 1 SEE PITKIN COUNTYTITLE,INC. CASE NO. PCT-6410 FOR ANY FOUND: 3 SET: MATTERS CONCERNING THIS PROPERTY. REBAR W/ALU. CAP . N 75Â° 09 11 W 60Â·00 REBAR W/PLAS. CAP - LS 2376 LS 20i51 ALPINE SURVEYS,INC. BY; APRIL 22ND, I992 LS R S SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY THAT ON AUGUST 2~ 714. A VISUAL NSFECT[ON WAS FERRDRHED UNDER HY OUFERVISION OF THE ABOVE DEÂ©CRIBED FRDFERTY It CHANGES WERE FOUND EXCEFT AD SHIWN AND KDTED HEREDÂ·4. 1 - ALFINE OURVEY@ INC. DY: DATE : L.O. - W/\5 WED IN THE FREGRATION OF THID 90Â«Er NOTE STEWART TITLE CF ADFEN, ING. ORDER bio. 00021165 4 HALLAM STREET t t NOTICE: According to Colorado law you must commence any legal action based upon any defect in this sulvey within three years after you first discover such defect Alpine Surveys, Inc. Surveyed 20 APR. 1992 Revisions 8 8- 14Â· OFIEFTE Title INIFIR;1EHENT SURVEY Job No 88-144-3 04, - In no event may any action based upon any defect in this survey be commenced Drafted 22 APR. 1992 2.21.00 UPPArm- more than ten years from the date of the certification shown hereon Client eALLANT Post Office Box 1730 N. 72 OF LOTO R ; 5, Aspen, Colorado 81611 303 925 2688 FLOCK 35 C\TY OF ADFEN , ODUMBEÂ© S 14Â°50'49"W 4' WOOD WALK -- 1 1 1 1 1 1 1 1 1 39'-8" 1 1 1 1 1 1 1 22'-61/2" 1 17'-1 1/2" // 1 1 / 1 / A 1-All 0. // //8,1 5 12'-3" | 8", , 1 ~51/2" 9 v o .1 1, 1 1 1 1 1 1 I . ..71 14 1 1 7.....1 1 | I .... 6.1 3, I ... 4. . I i l l 1 1 1 I 1 1 . 1 ----- Garage Slab Abovej 1 , 1 1 1 5 1 1 1 1 . 7 V :1* 'll> .... : / I ' 7 I I 7 - 3 ..: 1 I . ./ *14 jain HA 3 Main House ~ Forced ~433/ < 80901. ~ ~ Air Fum. V , Owner's 1 Mech. | Storage ~ 1. Provide for humidification #er owner request I 2. Provide for future AC for main house only 3. ADU to have electric base'loard 1 & 7 . 7 g : a) hourd:or 1 CAse I 62 231- ........... .... 0 0 0 0 0 0 0 0 . 4422=a==2=4=a==-- _1=ese=e=aee=e=2==a 22 1 31 7 /K* 00 $ -cr.---/-/-/U. -/ b 1 .- 1 u ry .. . 1 - p ly<;PRI | 1 /~-Dw- Fiff~ (ID - 4----Ill--11/ 3-/1 1 . CO I. 1 7 91 d it p/' 1 M 1 all . 5 s. / / 0 0 0 - -- F Ht. orag Â· /E Â· ~--3~ _ 1 8 3) a ets 56 5 sj | 1 0 . 4,44 it~ 1/ /21/i - ~ 1~1 9 : - - %For,06 iT ///Â«3 c ~V ... 1 1; 4=// 1 Bero \ S w . ace 4 6%50 5%) f / / - \ - N . --_-_--_-_---_--2-_--_-L</ - / 1 -1~t~~ni~---2---1--5----- ----------- ---f========3 _ I ' 1.. 7~7 Â£ //14 3 i 0 , 1- I f b i i h I ) )44 -- 1 CO / E A 0 0 1 I .4 I an=AL 4 1 / - 111 1 111 1 1 1\ /11 -T mi o 1 Fb> ] P , ... I p. I. 111 1 1 1/\11 v ..Â·. mil 1 ' 1 A It / \ 1 /3/ \ I 1 4 \ 11 C ------ L=#1-<-'. j . / 1 /11 1 1,1, <1, I /- 1 .4. ~ Existing/Finish Grade -| | 1 .1 F 1 1 . 1 - 1 1 1 1 3 0 1 1 1 1 N 1 1 1 1 1 1 ADU entry door 1 1 1 1 1 1 1 1 & covered entry roof ,, 6111/211 31/2, 111'-0" 31/2"~~2'-0" â€ž2'-51/2", ,111/2" 1 17'-01/2" 1 r [ 1 1 1 1 1 Ill I 17'-0 " 1 18'-0" 1 ? 1 Ill 3Â§'- All . 4'-0" , ~ , 4'-0" .1 1 1 Proposed ADU Elevation ' 1 1 A 11 Scale: 1/4" Proposed ADU Floor Plan Scale: 1/4"=1'-0" 9'-51/2. 17'-0" ~ ~,11 1/2,1 1 1 -6" I 51/2", A 7'-21/2" \\m\\\\\ 51/2Â·, ~ , ~-71/2" Lt Well 100'-0" - r--- ------------------------------------- -7 1 1 1 1 1 1 1 1 1 1 1 \\\ 1 1 1 1 1 1 1 1 1 1 1 1 1 / 1 1 Existing Home Typical i 1 1 1 / 1 1 1 1 6 1 1 1 1 1 1 1 1 // 91 / 1 1 Property Line Typical - 1 1 1 1 1 1 1 \ 1 1 1. \1 1 \ 1 1 1:1 1 Setback Line Typical -1 - J r--7 1 1 1 - 11 1 1 1 1 1 11 1 IL--- U X X /( 2Â£ X X X X X ( M (xXx ~ , :~ Exj~ting Fence 2, ~: ~, .. J r-1-1-7-7 -7- 1-T-,T~-r: -:r ~r -2- -R- n:-- 5' Side Yard Setback m I -i- *I - -1 F ----------------------------------------7 ' i>93.3*Fa-:-:-F~ rr=79=:=h~-i1 ove~~ '*rliaairdpiUse | 1 Section 26.710.040 1. 1 1 irc- 1 i )111 1 1 E-1 1 1 3 4 tr---- , H I 1 1 \UL....17*f-=771:514-9 acm-~ 1 1 1 1 1 1 1 ,Â¥'C'-ili,~'4-K'Wal...-I-'.- 1 1 (11,1 1 011 2 -6,4,1 Parking-ADU 1 1 I 1 1 :44-3.43=.~i 1 1 1 1 1 1 11 1 1 1 1 1 1 1 & 1 1 1 1 5 3 1 1 1 1 1 1 & 1 1 1 1 1 1 1 1 1 12 1 1 1 1 1 1 15 1 1 1 1 1 1 1 1 1 1 1 1 1 1- 1 1 1 1 1 1 0, 1 1 LE_---__-1 ; . 1 1 t- 1 1 1 11 1 1 1 1 | ~ 15' Front Yard Setback 11 1 1 1 1 I I 18"Front porch overhang 1 1 per Land Use Section 26.575.040 1 L_______- ----------------------i- 1 Property Line Tyf U 6 Existing Driveway Existing Driveway 50'-0" 50'-0" Proposed New House allows for Proposed Site Plan Subject Property(Proposed) the new garage and parking to be moved 309 N. 3rd St. to the alley and eliminates any driveway Allowable FAR =2400 s.f. or parking access from 3rd St. Scale: 1"=10'-0" Proposed New House FAR = 1961.55 s.f. Proposed subgrade ADU(Net Liveable)= 603.54 s.f. N. 3RD ST. 1~-LEI )6 Existing Driveway , V, 1 1 1 1 1 1 W. HALLAM ST. 5' Side Yard Setback N K X K X 60'-0" SE >0018 *311Â¥ 1/ teN pleA Jeekl,0 1 100'-0" F----------------------------------------7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 / 1 1 1 1 Existing Home Typical i /- 1 1 - / 1 1 9 1 / 1 1 1 / 1 / 1 1 / 1 1 1 1 .t 1 1 Property Line Typical - 1 1 1 1 \ 1 1 1 1 1 1 1 ...~1 Setback Line Typical - 1 ---*--11 1 1 11 1 1 - il 1 L---_-________-____--_-___________________1 ' H whNK XI:/: /: : K K . X )( )( E~*ing Ffrue / 1 â€ž / 4 1 5' Side Yard Setback lili .1 1 1 1 1 1 1 1 I r----------------,7 - 1 1 1 ill 1 al I I lili 1 1 I lili 1 1 1 1 1 1 xI I 1 1 1 L_-_ Existing house(approx. 200 s.f.) 1 1 1 1 1 -7 1 1 I l is non-conforming and encroachs i 1 1 1 1 274,7// 1 1 into the rear yard setback; 1 1 1 1 1 1 - 1 \ \ \ Â»943 j I it is proposed to demo the existing 1 9 1 1 01 1 ' 31 1 house which will elirr nate this condition i 1 1 1 1 Ol I.il Â» 1 1 rtki L - i and bring the proper:y into conformance i 1 \ b/////// \ \ with current zoning Fegulations. I \ \ \ 1 1 111 1 1 1 1 1 1 1 1 ill 1 1 1 1 1 1 L 1[- d-Ir~Yad--~-ack -7--- --1 1 1 1 1 1 1~ 11 1 1 1 1 1 1 1 ----------------2 L----------------------------------------gl 1 \ \ CLJD I - tED Existing Driveway Existing Drive~vay Existing Driveway 50'-0" 50 '-0â€ž ~ Existing roof overhang(carport) Subject Property<Existing) is non-confornling and not only encroachs into the front/rear yard setbacks, Existing Site Plan it also extends outside the property lines; it is proposed to demo the existing Scale: 1"=10'-0" 309 N. 3rd St. house which will eliminate this condition Existing House = 976 s.f. and bring the property into conformance Area within Setbacks =1400 s.f. Allowable FAR =2400 s.f, N. 3RD ST. with current zoning regulations. Existing Driveway - 1-1 5, - ----Ill-- - \ 1 1 1 W. HALLAM ST. Yard Setback 69 13019 *311Â¥