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Home My WebLink AboutLand Use Case.234 W Hopkins Ave.A083-02234 W. Hopkins Special Review -2735-124-54-001 A083-02 r|- . 1. 91144 NED alÂ»3 r. 7 6 1 f c .A j \... / j 1 CASE NUMBER A083-02 PARCEL ID # 2735-124-54001 CASE NAME 234 W. Hopkins Special Review to Vary ADU Standards PROJECT ADDRESS 234 W. Hopkins PLANNER James Lindt CASE TYPE Special Review for ADU OWNER/APPLICANT Christopher Smith REPRESENTATIVE John LaSalle DATE OF FINAL ACTION 11/5/02 CITY COUNCIL ACTION PZ ACTION Reso. 30-2002 ADMIN ACTION Approved BOA ACTION DATE CLOSED 11/7/02 BY J. Lindt PARCEL ID: ~2735-124-54001 DATE RCVD: j 10/11/02 # COPIES:F-- CASE NO~A083-02 CASE NAME:~234 W. Hopkins Special Review to Vary ADU Standards PLNR:~James Lindt PROJ ADDR:]234 W. Hopkins CASE TYMSpecial Review for ADU STEPS:~ OWN/APP: Christopher Smith ADR1234 W. Hopkins Ave. C/S/Z: ~Aspen/CO/81611 PHN:] REP:~John LaSalle ADR:~200 Pitkin Mesa Drive C/S/Z:~Aspen/CO/81611 PHN1925-6633 FEES DUE:~1205 D FEES RCVD:~ 1205 STAT: F REFERRALS[" REF:| BY] DUE:~ MTG DATE REV BODY PH NOTICED , | DATE OF FINAL ACTION:| 11/ CITY COUNCIL: REMARKS~ PZ: BOA: CLOSED:|,1*k .- BY: ~ L-, . , elf DRAC: PLAT SUBMITD: ~ PLAT (BK,PG):| ADMIN: Ann ,1 0 1,, I mi''.% 1 I Â· 4 Â· .~:?: ji::.Â·iÂ· n .8.:*48;.Â£11 ,& DEVELOPMENT ORDER ofthe 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 of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Christopher Smith, Diana Buettas, and Deborah Hatch, 234 W. Hopkins Avenue, Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Unit 1, of the West Side Condominiums (Alley Unit at 116 S. Second Street) Legal Description and Street Address of Subject Property Special Review Approval to vary ADU design standard #6 to deed restrict the alley unit as ali ADU Written Description of the Site Specific Plan and/or Attachment Describing Plan Planning and Zoning Commission Resolution No. 30, Series of 2002, 11/5/02 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) November 16,2002 Effective Date of Development Order (Same as date of publication of notice of approval.) November 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 November, 2002, by the City of Aspen Community pevelopment Director. C-_1Â«1 6.jO,Â·Â»hÂ« pe Ann Woods, Community Development Director 130 S. Galena St. Aspen CO 81611 Aspen Community (970) 920-5090 (970) 920-5439, fax Development Department 3X TO: John LaSalle From: James Lindt Fax: 920-4737 Pages: Phone: Date: 11/7/02 Re: 116 S. Second St. Development Order CC: C] Urgent El For Review Â£ Please Comment El Please Reply C] Please Recycle â€¢ Comments: Hi John, Please find attached a copy of the development order for the Special Review approval that you received Tuesday evening. Your next step is to file a deed restriction with the Housing Authority and have an amended condo plat prepared. Please present this Development Order to the Housing Authority when you are filing your deed restriction. In addition, when you have the amended condo plat prepared, please bring in two paper copies for our review. We will return comments with any changes that need to be made to the draft plat and then you can have mylars created and recorded and be done with the case. Please let me know if you have any questions. Thanks, James . A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A SPECIAL REVIEW TO VARY THE ACCESSORY DWELLING UNIT DESIGN STANDARDS TO ALLOW FOR A FREE MARKET UNIT TO BE DEED RESTRICTED AS AN ACCESSORY DWELLING UNIT AT 116 S. SECOND STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-124-24-007 Ate &3 6-Â© Resolution No. 30 (Series of 2002) WHEREAS, the Community Development Department received an application from Dianna Beuttas, Deborah Hatch, and Christopher Smith, seeking a special review approval for a variance from Section 26.520.050, Accessory Dwelling Unit Design Standards to allow the applicant to deed restrict an existing free market unit as an accessory dwelling unit even though it does not conform to the dimensional requirements of the zone district in which it is located on their property located at 116 S. Second Street and described as Unit 1 of the West Side Condominiums, 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 to grant a variance from the ADU design standards: 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 a) 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 o f transit services. and walking proximity to employment and recreational opportunities. WHEREAS, the Community Development Director, after review of the requested variance, recommended approval of the special review to allow the applicant to vary the ADU design standards to deed restrict an existing free market unit as an accessory dwelling unit even though it does not conform to the dimensional requirements of the zone district in which it is located; and, WHEREAS, the Aspen/Pitkin County Housing Authority, after review of the requested variances, recommended approval of the special review to allow the applicant to vary tlie ADU design standards to deed restrict an existing free market unit as an accessory dwelling unit even though it does not conform to the dimensional requirements of the zone district in which it is located; and, WHEREAS, during a duly noticed public hearing at a regular meeting on November 5, 2002, the Planning and Zoning Commission, approved by a vote of six to zero (6-0) a special review application to vary the ADU design standards to deed restrict an existing free market unit as an accessory dwelling unit even though it does not conform to the dimensional requirements of the zone district in which it is located at 116 S. Second 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 deed restrict an existing free market unit as an accessory dwelling unit even though it does not conform to the dimensional requirements of the zone district in which it is located at 116 S. Second Street, Aspen, Colorado, is approved pursuant to Land Use Code Section 26.430, Special Review with the following conditions: 1. The applicant shall prepare and record an amended condominium plat that clarifies that the ADU unit shall not be sold as a separate interest from one of the duplex units. 2. The applicant shall obtain an encroachment license from the City Engineering Department to maintain the roof overhang encroachment into the alley. 3. The applicant shall provide one additional parking space for use by the ADU unit as is represented in the application. This parking space shall be designated for the use of the occupant of the ADU on the amended condominium plat. The fencing on the north side of the parking space shall be removed to allow for the space to be used by the occupant of the ADU. 4. The applicant shall maintain their trash storage within the confines of their property as was established in their original condominium plat that was recorded in the Pitkin County Clerk and Recorder's office at Book 10, Page 57. Section2: All material representations and commitments made by the applicant pursuant to the special review approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission are hereby incorporated in such approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution 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 4: 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 of the remaining portions thereof. APPROVED by the Commission at its regular meeting on November 5,2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE iii K-- ADDRESS OF PROPERTY: / //2 , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 0 ove-17 06 2. fL , 200~- STATE OF COLORADO ) ) SS. County of Pitkin ) l I. q 0/4 U bi Â« f L (name, please print) being or representing an Applicant to the City o f 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: ~ Publication of notice: By the publication in the legal notice section o f an o fficial paper or a paper of general circulation in the City ofAspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. ~~ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made o f suitable, waterproof materials, which was not less than twenty-two (22) inches wide 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 fifteen (15) days prier to the public hearing and was continuously visible from the2lfday of 8 07-0# 2 E , 200,2, to and including the date and time of the public heabng. A photograph of the posted notice (sign) is attached hereto. ~ Mailing ofnotice. 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 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 ofthe 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 of 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 of, and the notice to and listing ofnames and addresses o f owners o f real property in the area o f 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 (l~days prior to the public hearing on such amendmen053 Â« d M/l 9% ) 24Â» to ie foregoing "Affidavit ofNotice" was acknowledged before me thiRlday 06&61 , 2002 by .AO*n *. Â£04 674/02Â£, V WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 5-~2~004/ af=~,)14 Â«ga ~76tary Public 4%3 f Si ATTACHMENTS: .." ' COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 49'*Â¥1 PUBLIC NOTICE RE: 234 W. HOPKINS/116 S.2nd STREET SPECIAL REVIEW TO VARY ADU DESIGN STANDARDS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, November 5,2002 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Diana Beuttas, Deborah Hatch, and Christopher Smith requesting special review approval to vary the ADU design standards. The subject property in located at 234 W. Hopkins/116 S. 2nd Street and is described as Unit 1, ofthe West Side Condominiums. For further information, contact James Lindt at the City ofAspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095, jamesl@ci. aspen. co.us. s/Jasmine Tvgre, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on October 19, 2002 City ofAspen Account A.0 f.,t 6 2 20'- Â¥ .;4 - 2~* > .4 -Â»...........Wi l, ~l . 9 . ..Â·9 . * 9 , &- -Â»t 12: 7 J;t ./p ./-1.......././.I- ki,Afti 7~-D=' - 40, - ./.;.m I W r P. I mes 0 . ... 1 0 PUBUC NOTICE -uâ€¢â€¢ DATE **r. TIME e. 'C' PLACE+kâ‚¬SJ~ PURPOSE ~47_ Aig Wik. t':*21- 1 3,5 14 .~*~sviâ€¢J:' .4--i~ .tb - 04 -*.0 PUBLIC NOTICE 4.11.4 DATE**4002 TIME +3014 PLACECALMÂ¢ 56*0/B PURPOSE f Â£ 2.Jilk AÂ£%* 70 Efy 174 Aer loRY .hw/4 tls-m ?44 Smooth Feed Sheets TM Use template Tor 516uu ALG SECOND QPR'r ASPEN HOMEOWNERS ASSOCIATION 135 HOPKINS LTD C/O GILDENHORN ALMA L A COLO NON PROFIT CORPORATION 6476 MIMOSA LN 21)3() 24TH ST NW 311 W MAIN ST DALLAS. TX 75230 WASHINGTON, DC 20008 ASPEN, CO 81611 ASPEN MAIN LP BERNSTEIN ARNOLD A & POLLY A TRST BEHRENDTMICHAEL H C/O MR H SCHMIDT ARNOLD & POLLY BERNSTEIN 334 W HYMAN AVE PO BOX 2768 1870 JACKSON ST #304 ASPEN, CO 81611 ASPEN. CO 81612 SAN FRANCISCO, CA 94109 BEAL SETH J BEUTTAS DIANA H BLAU JUDITH BLON]ARZ JOHN W & DONNA L PO BOX 12366 1839 N ORLEANS ST 3896 DOGWOOD LN ASPEN, CO 81612 CHICAGO, IL 60614 DOYLESTOWN, PA ] 8901 BUCHHOLZ EARL H & MARILYN E BRAFMAN STL, ART & LOTTA BEA TRS-r BROWDE DAVID A C,/O SWAIM BROWN & ELLIOTT PA 5630 WISCONSIN AVE #401 176 BROADWAY PO BOX 6404 CHEVY CHASE. MD 20815 NEWYORK, NY 10038 SPARTANBURG, SC 29304 CHAMBERS PETE/SEND TAX BILLS TO CHISHOLM EDITH 1/2 INT CHISHOLM KH&HM 1/2 INT DOUGLAS PRICE 205 W MAIN ST 205 W MAIN ST 861 1 MELWOOD ASPEN, CO 81611 ASPEN, CO 81611 BETHESDA, MD 20817 CHRISTENSEN ROBERT M & CANDICE L CLICK JANE COLORADO MTN NEWS MEDIA 1240 MOUNTAIN VIEW DR 333 W MAIN ST 500 DOUBLE EAGLE CT ASPEN, CO 81611 ASPEN, CO 8]611 WASHOE, NV 89511 CONDER CAN[D[DA E CONNER WI L LI A M E 11 TRUST CRETE ASSOCIATES LP P O BOX 307 264 VILLAGE BLVD STE !04 3418 SANSON ST TOPANGA. CA 90290 INCLINE VILLAGE, NV 89451 PHILADELPHIA, PA 19104 CRETE ASSOCIATES LP CRUS]US FRANKLIN G CROWLEY SUE MITCHELL C/O UNIVERSITY CITY HOUSING CO CRUSIUS MARGARET J 409 S GREENWOOD AVE PO BOX 1524 5855 MIDNIGHT PASS RD APT 507 COLUMBIA, MO 65203 BRYNMAWR, PA i 9010 SARASOTA, FL 34242 DEAN FAMILY LTD PTSHP LLP DEREVENSKY PAULA DEROSE VINCENT 590 DELLWOOD AVE 1 128 GRAND AVE 1209 N 14TH AVE BOULDER, CO 80301 GLENWOOD SPRINGS. CO 81601 MELROSE PARK, IL 60160 DHM INVESTMENTS LP 90% DONATELLI ROBERT A & SUSAN J EDDY KRISTA L 15 INMAN CIR NE 1234 WASHINGTON DR PO BOX 5053 ATLANTA. GA 30309 CENTERPORT, NY 11721 ASPEN, CO 81612 ~AVERYÂ® Address Labels Laser 5160Â® Smooth Feed Sheets TM Use template for 5160Â® ROSENTHAL DIANNE ROSS PAULINE SAMIOS CAROLE & NICHOLAS A PO BOX 10043 PO BOX 9969 PO BOX 867 ASPEN, CO 81612-7311 ASPEN, CO 81612 WESTMINSTER, MD 21]58 SCRUGGS DAV[D C & PHYLLIS R SEGUIN JEFF W & MADALYN B SEIDER DENNIS J & LEAH E 365 RIVERBLUFF PL PO BOX 8852 26642 LATIGO SHORE DR MEMPHjS, TN 38]03 ASPEN, CO 81612 MALIBU, CA 90265 SEVEN SEAS INVESTMENT LLC SHADOW MTN HOMEOWNER ASSOC SHEEHAN WILLIAM J AND 1017 ELMWOOD AVE 232 W HYMAN AVE SHEEHAN NANCY E WILMETTE, IL 6009 I ASPEN, CO 8161! 10 GOLF VIEW LN FRANKFORT, IL 60423 SILVERSTEIN PHILIP SLOVITER DAVID SIMON LOUIS & EILEEN SILVERSTEIN ROSALYN SLOVITER ROSALIE 1.576 CLOVERLY LN 25 KNOLLS CRESCENT 1358 ROBINHOOD RD RYDAL. PA i 9046 BRONX, NY 10463 MEADOWBROOK, PA 19046 SMITH CHRISTOPHER H SMITH DEBORA]-1 SNYDER GARY 204 W HOPKINS AVE 234 W HOPKINS AVE 8324 BROODSIDE RD ASPEN, CO 8161 1 ASPEN, CO 81611 ELKINS PARK, PA 19027 SWISS CHALET/KITZBUHEL TAD PROPERTIES LTD LLC TAD PROPERTIES LTD LIABILITY CO PARTNERSHIP TOWNE CENTRE PROPERTIES LLC PO BOX 9978 333 E DURANT AVE 323 W MAIN ST#301 ASPEN. CO 81612 ASPEN,CO 81611 ASPEN, CO 81611 TEMPKINS HARRY 111Al.BERG KATHARINE TORNARE RENE TEMPKINS VIV[AN 221 E MAIN ST 308 W HOPK]NS AVE 420 LINCOLN RD STE 258 ASPEN, CO 81611 ASPEN, CO 81611 MIAMI BEACH, FL 33139 T'WIN COASTS LTD -IYROLEAN LODGE LLC VAUGHAN HEIDI 1996 TRUST 110 W C ST STE 1901 200 W MAIN ST N2322 SYLVAN LN SAN DIEGO. CA 92101 ASPEN, CO 816 11 LAKE GENEVA, Wl 54]37 ZAGORSKI JOSEPH & ROBIN WALGREEN JOANNE WILLIAMS DAVID & BONNIE JO C/O ERIC P LI'ITMAN PA 2258 N FREMONT 222 W HOPKINS AVE APT 5 7695 SW 1 04TH ST STE 210 CHICAGO, IL 60614 ASPEN, CO 81611-1757 MIAMI, FL 33]56 ~AVERYÂ® Address Labels Laser 5160Â® orriuoin reea Dneers . m use remplare ror >iou FARLAND MARISA.I FRANKEL KATHY TRUST GARY ANN PO BOX 3542 534 W DICKENS 542 WARNER AVE ASPEN, CO 81612 CHICAGO, 1 60614 LOS ANGELES, CA 90024 GOLD RANDAL S GERBERG JORDAN V GROSVENOR DENIS liPSTI.!N Gil.BERT AND MOLLIE. PO BOX 907 PO BOX 3071 PO BOX 9813 LAGUNA BEACH, CA 92652 ASPEN, CO 816]2 ASPEN, C.0 8]612 GUERRA DONNA HOPP ROSALIND & CLEMENT HUGGIN H SCOTT 4.220 GLEN WOOD AVE 1 07 S WARBLER LN 449 NW STATE ST DALLAS, TX 75205 SARASOTA, FL 34236 BEND. OR 97701-2550 JACOBY FAMILY LTD PARTNERSHIP JBG SECOND QPRT INNSBRUCK HOLDINGS LLC CASPER J JACOBY 111 GHN PARTNER C/O GILDENHORN JOSEPH B 435 E MAIN ST PO BOX 248 2030 24TH ST NW ASPEN, CO 81611 ALTON, IL 62002 WASHINGTON, DC 20008 JOHNSON MARK WILLIAM KARP MICHAEL KASPAR THERESA DOSS 1)09 FOREST PKWY 3418 SANSOM ST PO BOX 1637 DENVER, CO 80220 PHILADELPHIA, PA 19102 ASPEN, CO 81612 KEND[G ROBERT & SUE KING LOUISE LLC MARCIANO JAMES L C/O ED MONGE REALTY PO BOX 1467 PO BOX 2:6 802 E COOPER - #4 BASALT, CO 8]621 THREE BRIDGES, NJ 08887 ASPEN,CO 81611 MARTIN SCOTT M MARK CAROL KRAUSS MARTEN RANDOLPH C/O PARAMOUNT PICTURES PO BOX 9283 129 MARTEN ST 5555 MELROSE AVE ASPEN,CO 81612-9283 IMONDOVI, WI 54755 HOLLYWOOD, CA 90038 MENDELSON ROBERTA L & MEL 1 NlCDONALD FAMILY TRUST MELTON DAVID C/O GREG SHERWIN 320 W MAIN ST 135 W MAIN ST P O BOX 4262 ASPEN, CO 8161 1 ASPEN, (X) 81611 BOULDER, CO 80306 MORGAN DONALD H 10% MULLINS MARGARET ANN NEWKAM CLAIRE M 15 INMAN CIR NE 1909 FOREST PKWY PO BOX 2808 ATLANTA, GA ]0309 DENVER, CO 80220 ASPEN, CO 81612 OLIVER WILLIAM THOMAS PRICE DOUGLAS L RICKEL DAVID 542 WARNER AVE 8611 MELWOOD RD 8324 BROODSIDE RD LOS ANGELES, CA 90024 BETHESDA, MD 20817 ELKINS PARK, PA 19027 ~AVERYÂ® Address Labels Laser 5160Â® ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 1 ) OP S. 5%4'COM C , Aspen, CO SCHEDULED PUBLIC HEARING DATE: , 200- 6 l STATE OF COLORADO ) ) SS. County of Pitkin ) I, 0-3-4 Lt<&7 4 Lk, 11 rf k (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: ~---Publication of notice: By the publication in the legal notice section of an official paper or a paper ofgeneral circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy ofthepublication is attached hereto. Posting of notice: By posting of notice, which form was obtained from theÂ· Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed o f letters not : 9-, less than one inch in height. Said notice was posted at least fifteen (15) days 4 prior to the public hearing and was continuously visible from the _ day of , 200 , to and including the date and time di the public headng. 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 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 ofthe property subject to the development application. The names and addresses of property owners shall be those on the current tax records o f 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) 4- b. 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 ofthis Title, or whenever the text ofthis 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 of, and the notice to and listing ofnames and addresses of owners ofreal 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. **ature The foregoing,"Affidavit of Notice" was 8gknowledged before me th0 (3 day of 0 64 , 2002 by :<30-Â«- C-> L~~~Â·4=Â« WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE ,<,SSÂ·msxÂ»~ ' RE: 234 W HOPKINS/116 S. 2nd STREET SPECIAL i REVIEW TO VARY At)U DESIGN STANDARDS My commissio~ expires: 4.-9 , 1-1/- â‚¬2GTÂ» NOTICE IS HEREBY GIVEN that a public .. hearing will be hr:d on Tuesday, November 5, 2002 at a meetir.% to begin at 4:30 p.m. before the #07 $44 4 Aspen Planning and Zoning Commission, Sister . , U-If . ~ Cities Rocm, City Hall, 130 S. Galena St., Aspen, to ~ consider an application submitted by Diana Beut- Notary Public R A : 01)49 :; Li tas, Deborah Hatch, and Christopher Smith re- V. In ... ~ questing special review approval to vary the ADU design standards. The subject property in locat- Â».... ed at 234 W Hopkins/116 S. 2nd Street and is de- COLOFFO scribed as Unit 1, of the West Side Condomini- ums. For further information, contact James Lindt at the City of Aspen Community Development De- partment, 130 S. Galena St., Aspen, CO (970) 920- 5095, james]@ci.aspen.co.us. s/Jasmine Tygre, Chair ATTACHMENTS: Aspen Planning and Zoning Commission Published in The Aspen Times on October 19, 2002.(9523) :. COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL n A PROvee MEMORANDUM 6 -0 To: Planning & Zoning Commission cj , 1/0 THRU: Joyce Olilson. Community Development Deputy Directo>jAO FROM: James Lindt, Planner 3-L Â«f RE: 116 S. Second Street Special Review to Vary the ADU Design Standards- Public Hearing DATE: November 5,2002 APPLICANT: Christopher Smith, Diana ~..\ '., :., 4% ....Mt:, 1 Beuttas, and Deborah Hatch, . -4.11 -%; 0, 11 - . V Represented by John LaSalle. #)-11 n f 71.- PU# 7-~ 1//7.7/'ll.- 4 4 PARCEL ID: 2735-124-54-011 ,- m 1 11' 1~ - 11 .+ 1 : T./.4. ADDRESS: 116 S. Second Street ,m~/thlititillillilill, '~ ZONING: R-6 (Medium-Density Residential) IlillillillililillilliIIIIIII /9,~prel"Iifjil:e~:2:rlillii' /, / -1 ./.it/: *I CURRENT LAND USE: 9,000 SF lot ........1::U *:.,Â·.1*Â·4:Vi developed with three (two duplex and one ~ - 1.Â·:1*111 0-:.1-PI~ detached) free market units. Above Photo: Picture of proposed ADU unit PROPOSED LAND USE: The applicant taken from existing parking spaces on the proposes to deed restrict the unit on the alley. northern portion of the property as an Accessory Dwelling Unit (ADU). The unit to be deed restricted is only detached by three mr:94.61 11 1 (3) feet from the duplex. Whereas, the R-6 ~ ~ 34 4@~ Zone District in which the property is located requires detached dwelling units to be 4: 411*44 ~ 1-1, separated by at least ten (10) feet, , 4 111 ... ' Meuillâ€¢ 4 1 lib 1 In addition, the rear unit is non-Conforming in Luu 'i'.92' 1!1 1,4.1,,1 / 4 1 11. 14,4,;*. regards to it's required rear yard setback. ~ i'~-2,â€¢â€¢211 , 1 ... .4.0.1 Therefore. the applicant is requesting special ---m. '~ review approval to vary the ADU design standards to allow for the unit to be deed restricted as an ADU even though it is not in Above Photo: Picture of proposed ADU unit complete conformance with the dimensional taken from alley. requirements of the zone district in which it is located as is required by the ADU design standards. BACKGROUND: The applicant is seeking special review approval to vary the ADU design standards to allow for the northernmost of three units on the property located at 116 S. Second Street to be deed restricted as an ADU. The property is zoned R-6 (Medium-Density Residential) which only allows for at most two primary residential units to legally exist on a property as a permitted use. The applicant whishes to bring the property into conformance with the zoning requirements in regards to the use of the property so that she may utilize some unused FAR. Deed restricting one of the units as an ADU will make the property conforming in terms of it' s use because ADU's do not count as a unit of density. However. the applicant cannot deed restrict the unit as an ADU without receiving special review approval to vary the ADU design standards because the unit is not completely in conformance with the dimensional requirements of the R-6 Zone District. Thus, the applicant is requesting special review approval to waive ADU design standard no. 6, which requires an ADU to be located within the dimensional requirements of the zone district in which the property is located. Land Use Code Section 26.520.080(D) gives the Planning and Zoning Commission authority 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: 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: and, 2. The proposed ADU is designed to be compatible with, and subordinate in character to, che primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the properly; and, 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. STAFF COMMENTS: Staff feels that because the unit is existing it would be difficult for the applicant to make it conform to all of the dimensional requirements of the R-6 Zone District. Staff also believes that the unit' s setback non-conformity from the alley and from the existing duplex on the property does not significantly detract froin the general livability of the unit. The unit is in conformance with all of the other applicable ADU design standards and is in a location that is close in proximity to the commercial core area and the RFTA bus line. Moreover, Staff believes that the proposal promotes the general purpose of the ADU program in that it would provide an additional detached above grade ADU unit to the affordable housing inventory within the City of Aspen. 2 Because the unit is detached from the duplex by about three (3) feet it provides a decent amount of privacy from the free market units. Additionally, the applicant has consented to providing an off-street parking space to be designated for the unit as can be seen in the site plan attached as Exhibit ./ A". Therefore, the proposal will not have an adverse affect on the on-street parking in the neighborhood. Staff has proposed a condition of approv al that requires the applicant to prepare and record an amended condominium plat that clarifies that the ADU unit shall not be sold as a separate interest from one of the duplex units. Staff has requested this condition of approval because the unit is currently condominiumized as a separate free market unit and may currently be sold separately from the duplex units. In addition. the above condition of approval is needed because the applicant has proposed not to deed restrict the unit as a "for sale" affordable housing unit. Staff has also proposed a condition of approval that requires that the applicant obtain a revocable encroachment license for the roof overhang that currently encroaches approximately one ( 1) foot into the alley. HOUSING AUTHORITY RECOMMENDATION: The Aspen/Pitkin County Housing Authority has reviewed the proposal and recommends that the Planning and Zoning Commission approve the proposed special review application to vary the ADU design standards to waive design standard No. 6 finding that the proposed ADU meets the Housing Authority's livability requirements. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve with conditions, the proposed special review application to waive ADU design standard No. 6 to allow for the existing detached free market unit at 116 S. Second Street to be deed restricted as an ADU finding that the review standards have been met. RECOMMENDED MOTION(ALL MOTIONS ARE STATED IN THE POSITIVE): "I move to approve Resolution No.30Series of 2002, approving a special review application to waive ADU design standard no. 6 to allow for the existing detached free market unit at 116 S. Second Street to be deed restricted as an ADU finding that the review standards have been met." ATTACHMENTS: Exhibit A -- Review Criteria & Staff Findings Exhibit B -- Application & Plans Exhibit C -- Referral Comments UJ 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 i f the variance from the design standards is found to be consistent with the following standards: 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 unit's general livability; and, b) The proposed Ali)U is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, laiidscaping. 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. 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 and is detached from the duplex dwelling units on the site to provide a descent amount of privacy for the resident of the ADU unit. Iii addition, the proposal to deed restrict the existing free market unit as an ADU brings the parcel more into conformance with the use requirements of the R-6 Zone District in which it is located. 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 finds that proposed ADU is subordinate in character to the duplex units on the site. Iii addition, the AD U unit functions as a completely separate dwelling unit and maintains a descent amount of privacy for the citizen to be housed within it because it is detached from the main residence by three (3) feet. Staff does not feel that this unit needs to brought into conformance with the setback requirements of the R-6 Zone District for it to be a quality addition to the affordable housiiig stock within Aspen. Staff finds this criterion to be met. c) The proposed ADU is designed in a manner which is compatible with or enhances the character ofthe 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 unit that is proposed to be deed restricted as an ADU has operated as a free market unit for at least two decades. Staff does not believe that the character of the neighborhood will be negatively affected by allowing the unit to be deed restricted as an ADU unit. In fact. staff believes that proposal will enhance the character and operating characteristics of the neighborhood by providing an addition on-site parking space for the occupant of the ADU. Furthermore. tile unit already exists so there will be no negative impact on surrounding view planes. Staff finds this criterion to be met. 5 OCT.22.2002 7:43AM ASPEN HOUSING OFC -NO.320- P.1 Ex li I 10 ; 1- 06 '/ MEMORANDUM TO: James Lindt, Community Development Department FROM: Cindy Christensen, Housing Office DATE: October 22,2002 RE: 234 W, HOPKINS/116 S. 2ND STREET SPECIAL REVIEW TO VARY ADU STANDARDS Parcel ID No. 2737-073-00-019 ISSUE: The applicant is requesting approval to deed restrict an existing detached free market unit as a voluntary ADU The unit does not conform to the setback requirements of the zone district. BACKGROUND: According to Ordinance No. 46-2001, all ADUs must conform to the following design standards unless otherwise approved pursuant to Section 26.520.080, Specia/Review: 1. An ADU must contain bemeen 300 and 800 net livable square feet, 10% of which must be a closet or storage area. 2. An ADU must be able to function as a separate dwelling unit. This includes the following: a. An ADU must be separately accessible from the exterior. An interior entrance to the primary residence may be approved, pursuant to Special Review; b. An ADU must have separate accessible utilities. This does not include shared services; c. An ADU shall contain a kitchen containing, at a minimums an oven, a stove with two butners, a sink, and a refrigerator with a mininium of 6 cubic feet of capacity and a fteezer; and d. An ADU shall contain a bathroom containing, at a minimum, a sink, a toilet and a shower. 3. One parking space for the ADU shall be provided on-site and shall remain available for the benefit of the ADU resident. The parking space shall not be stacked with a space for the primary residence, 4. The finished floor height(s) of the ADU shall be entirely above the natural or finished grade, whichever is higher, on all sides ofthe structure. 5. The ADU shall be detached from the primaq residence. An ADU located above a detached garage or storage area shall qualify as a detached ADU. No other connections to the primary residence, or portions thereof, shall qualify the ADU as detached. 6. An ADU shall be located within the dimensional requirements of the zone district in which the property is located. 7. The roof design shall prevent snow and ice from shedding upon an entrance to an ADU. If the entrance is accessed via stairs, sufficient means of preventing snow and ice from accumulating on the stairs shall be provided. 8. ADUs shall be developed in accordance with the requirements of this title which apply to residential development in general. These include, but are not limited to, the Uniform Building OCT.22.2002 7:44AM ASPEN HOUSING OFC * - ~ - -----140.320---P. 2- Code requirements related to adequate natural light, ventilation, fire egress, fire suppression, and sound attenuation between living units. This standard may not be varied. 9. Ali ADU's shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26-520-070, Deed Restrictions and Enforcement. This standard may not be varied. 10. According to Section 26-520-070, Deed.Restric#ons andEAtomment, if the ADU is being used to qualify a property for a Floor Area Exemption, than the unit shall be a "For Sale" affordable housing unit and conveyed to a qualified purchaser, according to the Aspen/Pitldn County Housing Guidelines, and as they are amended from time to time RECOMMENDATION: Staff would recommend approval as long as the following conditions are met: 1, Conditions 1 through 9 stated above are met. 2. If the unit is being utilized for a floor area exemption, number 10 must apply and the unit will be sold through the Housing Authority, through the general lottery, at a Category 2. 3. The decd restriction shall be recorded prior to issuance of a building permit. 4. Upon completion of the unit, but prior to Certificate of Occupancy, staff will conduct an inspection of the unit for compliance, clc;Mworâ€¢dirrferral\phlll}cdu1200.clog 2 , 1 \\ A /7 Ex A c la i t- John D. LaSalle ATTORNEY AT LAW 200 Pitkin Mesa Drive Area Code 970 Aspen, Colorado 81611 Area Code 970 Facsimile 920-4737 Telephone925-6633 October 10,2002 James Lindt Aspen Planning & Zoning 130 South Galena Street Aspen, CO 81611 Re: Unit 1, West Side Condominiums (116 S. 2nd Street) Application for ADU and Exemption from Design Standards Dear James: I represent Diana H. Beuttas, Deborah S. Hatch and Christopher H. Smith, the owners ofUnits 1,2, and 3 of the West Side Condominiums. This is an application for the conversion ofthe existing Unit 1 into a Accessory Dwelling Unit pursuant to the provisions of Ordinance No. 46, Series of2001 which amended Section 26.520 ofthe City Code and for special review in order to obtain a variance from the ADU design standards because the unit is not ten feet from Unit 2, to which it will be an accessory unit and because it encroaches on the set-back requirement from the alley ofBlock 52. It is acknowledged that the existing Condominium Map and Declarations will have to be amended to reflect the change of Unit 1 from an individual free market unit to an ADU for Unit 2. It should be noted that the reason the applicant is willing to change a legal, free market unit into an ADU is because the current zoning ofthe property in question does not permit three units on the site. Because that renders the uses on the property non-conforming, no floor area can be added to the existing structures, even though additional floor area would be available based on the zone district and lot size. It is the understanding of the applicant that by obtaining approval for the conversion of the third unit to an ADU, the uses on the property will become conforming and the additional floor area will be available to expand the existing structures on the property. 1. Existing Conditions: The property on which Units 1,2 and 3, West Side Condominiums are located is Lots K, L and M, Block 52, City and Townsite ofAspen. The total lot size is 9000 square feet and the property is zoned R-6. The improvements consist of a duplex with Units 2 and 3 and a third separate unit, Unit 1. Unit 1 is approximately 405 square feet. Unit 2 is approximately 1,334 square feet and Unit 3 is approximately 1063 square feet. The maximum FAR for the lot is 4,080 and the existing improvements only total approximately 2,803 square feet. All three units are condominimized free market unit which can all be sold separately. James Lindt October 10, 2001 Page 2 2. Proposal The applicant proposes to convert Unit 1 to an accessory dwelling unit for which Unit 2 would be the primary dwelling unit. The condominium map and declarations will be amended to reflect that Unit 1 is no longer a separate unit but is an accessory unit which could only be sold along with Unit 2. In accordance with the Code one additional off-street parking space will be added for the ADU. The addition ofthe parking space is the only change to the site plan or either ofthe structures which is anticipated by this application. The appropriate deed restriction identifying and restricting the use of the ADU will be recorded against the property. The unit meets all of the design standards set forth in Section 26.520.050 except for one ofthe dimensional requirements ofthe R-6 zone district, that it must be 10 feet from the primary dwelling unit. Most of the unit is approximately 5 feet from the primary unit except for the entryway which is approximately 3 feet from the primary unit. For that reason special review is sought to obtain a variance from that standard. 3. Design Standards 1. The ADU is approximately 405 net livable square feet of which 10% is closet or storage area. 2. The ADU functions as a separate dwelling unit. It is separately accessible from the exterior. It has separately accessible utilities. It has a kitchen containing a stove with 4 burners, a sink, a refrigerator with over 6 cubic feet of capacity and a freezer and contains a bathroom with a sink, toilet and full bath/shower. 3. One parking space will be provided for the ADU on site. It is designated on the Site Plan (Condominium Map) as "ADU Parking Space." 4. The finished floor height ofthe ADU is entirely above the natural and finished grade on all sides ofthe structure. 5. The ADU is completely detached from the primary residence. 6. The ADU is located within the dimensional requirements for the R-6 zone except that it is too close to the primary unit (3 to 5 feet of separation instead of 10) and, it encroaches on the rear set-back of the property. Variances from those to requirements are being sought by the applicant. 7. The roof design prevents snow and ice from shedding upon the entrance to the ADU. There are no stairs. 8. The ADU is existing and was built in accordance with the applicable requirements for residential development at the time it was constructed. 9. If approved, the ADU will be registered with the Housing Authority. James Lindt October 10, 2001 Page 3 4. Special Review Criteria 1. 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 unit's general livability; and 2. 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 ofthe property; and 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 oftransit services, and walking proximity to employment and recreational opportunities. Also submitted with this application are the requisite copies ofthe following: 1. Land Use application fee (deposit) in the amount of $1,205; 2. 10 copies ofthis letter application; 3 10 copies of a signed Agreement for Payment of City Development Application fees; 4. 10 copies of Applicant's letter designating authorized representative; 5. 10 copies of Certificate of Ownership from Pitkin County Title; 6. 10 copies of Attachment 2 - Land Use Application; 7. 10 copies of Attachment 3 - Dimensional Requirements Form; 8. 10 copies ofthe Pre-Application Conference Summary; 9. 10 copies ofvicinity map; 10. 10 copies of a site plan (existing condominium map); 11. 10 copies of proposed elevations (sheet 2 of condominium map). 12. 1 copy ofthe adjacent owners list obtained from GIS Mapping. I will submit the Affidavit ofPublic Notice in due course. It is my understanding that you will be able to schedule this matter before the Planning and Zoning Commission at its meeting to be field on November 5,2002. James Lindt October 10,2001 Page 4 Thank you again for the prompt and professional manner in which you conducted the pre- application conference and for immediately generating the Pre-App. Conference Summary. SAere0 1 t. I / plohn D. LaSalle ATTACHMENT 2 -LAND USE APPLICATION FLme: (1*yE+110Â© 0 F U.Anrl, WECT 110/1 26*JIX* To A,JAOR ~ Location: 116 6 001.* 2.0,0 47*gri t.o-ZI~ KILE,&0Â« 51 (Indicate street address, lot & block number, legal description where appropnate) APPLICANT: Name: G ANk 44. 13euT1--Ai :43Â£80uttiÂ· 11?FEÂ¢, 01*Ag-o?Â«43m{tTH- Address: 034 Nesr -Mo?lit of .Si- 1 A Â£ PE.;0 , n C &16 1 1 2 01 0 Phone #: 4.1 1-- L) 00(0 REPRESENTATIVE: Name: 73Ho b. LAULLE- 1 A-no#luty Address: $01) t I>T \4 i w 171 81 A-~ 1)24,2= Al 2 13_pu O(3 *6 / f Phone #: 12 6-4643 PROJECT: Conditional Use U Conceptual PUD ~ Conceptual Historic Devt. Special Review J--asttl,6d~( E Final PUD (& PUD Amendment) U Final Historic Development Design Review Appeal U Conceptual SPA 2 Minor Historic Devt. GMQS Allotment E] Final SPA (& SPA Amendment) ~ Historic Demolition GMQS Exemption Â£ Subdivision D Historic Designation ESA - 8040 Greenline, Stream C Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ~ E Lot Split E Temporary Use I Other: U Lot Line Adjustment D Text/Map Amendment TYPE OF APPLICATION: (please check all that apply): EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Sat- LEi-rti A?PDÂ»)6) F Ao m -76H W 1-AÂ· 4-0-a PROPOSAL: (description of proposed buildings, uses, modifications, etc.) %26- 12-7[ bt At)/)11Â¢81--iou F201#2 A-(U /4~-(A-Ect-- ipe you attached the following? FEES DUE: $ 4 2750029 8 Pre-Application Conference Summary 25Attachment #1, Signed Fee Agreement 2 Response to Attachment #3, Dimensional Requirements Form 2_Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards J[ plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written :It (Microsoft Word Format) must be submitted as part of the application. m m n mko CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Dit\LIN. 1\-36,uTI-Art iDEER*%3. RM-ett: 0+12/tfoPHEA H. GliTit (hereinafter APPLICANT) AGREE AS FOLLOWS: 1 APPLICANT has submitted,to CITY an application for CoNVE,26#ow oil UK/*T-1, *SEDDE ('WAAXEÂ· 10 *J &0 ll.._AND Lt) tict Ac- 146-vi rz# Fog- 4Â£/hic a oF Ailt# b/81/68 2*04Â·Of. (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) 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 application completeness, APPLICANT shall pay an initial deposit in the ~ amount o f $_LZEL*_46;hich is for 67 hours 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 tile processing of the application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit. 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 ofprocessing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICAN DIaUAâ€ž !10lon*V)ENa~tS.+IMett 441(411Â£41. 50;TH- By; By: '' -7-=*-- 0 0 Ja Julie Ann Woods Community Development Director 014./ 1 8 Â·- O -03- Mailing Address: 20 RT# /0 /116%4-32- kieÂ« 00 &6(/ / f g:\support\forms\agrpayas.doc 1/10/01 Christopher H. Smith 234 West Hopkins Avenue Aspen, CO 81611 October 10, 2002 James Lindt City Planning and Zoning 130 South Galena Street Aspen, CO 81611 RE: Unit 1, West Side Condominiums- Conversion to ADU Dear Mr. Lindt: I am the owner, along with my mother, Diana H. Beuttas and my sister, Deborah S. Hatch of Units 1,2 and 3of the West Side Condominiums. In connection with our application to convert Unit 1 to an accessory dwelling unit and for special review to obtain a variance from the ADU design standards we have retained the following individual as our authorized representative to act on our behalf: John D. LaSalle Attorney at Law 200 Pitkin Mesa Drive Aspen, CO 81611 (970) 925-6633 Thank your for your anticipated courtesy and cooperation. Sincerely, Ua*\-1-AMUM th 1-0 Christopher H. Smith LIVING/DINING 00 00 BEDROOM 7 \15 KITCH STOR BAT~ 1 7 - -1 11 1.Er L.-1 1 1 1 FLOOR PLAN OP ACCESSORY DWELLING UNIT u .2 2 El 1 7 1 79 4 0 /: 05 9707040439 JAY:KARN:LEAVITT: PAGE 01 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt 920-5095 DATE: 10/07/02 PROJECT: 234 W. Hopkins REPRESENTATIVE: John Lasalle OWNER: TYPE OF APPLICATION: Special Review to vary the ADU Design Standards DESCRIPTION: The applicant wishes to convert the third free market dwelling unit at the rear ofthe parcel to an accessory dwelling unit so that the parcel becomes conforming in regards to use. Due to the fact that the proposed ADU is not detached from the existing duplex by at least ten (10) feet as is required by the R-6 Zone District, the unit does not conform to the ADU design standards, Therefore, a special review approval by the Planning and Zoning Commission to vary the ADU design standards is required to allow for the unit to be converted to an ADLA In addition. the applicant shall be required to vacate or amend the existing condominium plat in a manner which will not allow for the ADU to be sold off separately from one of the duplex units, unless it is proposed to be deed restricted as a "for sale" ADU unit. Furthermore, an additional parking space shall be designated for the ADU unit and shown on the amended condoininium map. Land Use Code Section(s) Section 26.520, Accessory Dwelling Units Review by: Planning and Zoning Commission Public Hearing: Yes Referral Agencies: Housing Planning Fees: $ 1205 Planning Deposit for 6 hours of Staff Time Referral Agency Fees: Total Deposit: $1205.00 To apply, submit the following information: 1. Proof ofownership Signed fee agreement 3. 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 ofall 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 ofthe application 6. 10 Copies ofthe complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff= 1 7. An 8 1/2" by 11"vicinity map locating the parcel within the City of Aspen. 8. A site plan showing the existing unit and its relation to the existing site features. A detailed floor plan of the unit to be deed restricted as an ADU. 10 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. 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. CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that DIANA H. BEUTTAS, DEBORAH S. HATCH AND CHRISTOPHER H. SMITH are the owner's in fee simple of the following described property: UNITS 1 AND 2, WEST SIDE CONDOMINIUMS, according to the Condominium Map thereof recorded November 7, 1980 in Plat Book 10 at Page 57 and as defined and described in the Condominium Declaration for West Side Condominium recorded November 7,1980 in Book 398 at Page 603. COUNTY OF PITKIN, STATE OF COLORADO ENCUMBRANCES: NONE Subject to easements, rights of way and recorded matters. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKIN COUNTY TITLE, INC, BY: 1,WWHAA authorized sig~ture~ CERTIFIED TO: ~ber 19, 2002 @ 8:00 A.M. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM promÂ·. ~-jVARAQ_8_1.El)AJIT-1, Wair S DE 000905 Tb -Au A-Dll- Applicant: *Fu TrAL . t\AT-08 AN t) SNU-TH- Locatiow. / / 4, 3~urd .AD 31Â£667- Zone District: A-6 Lot Size: 7/958 3-PuR/2 FEE T Lot Area: 9 fU13 S'*14 AÂ·,La FEED r (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.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: .9 Proposed: 0. plus 1 *-Dll Number ofbedrooms: Existing: 6 Proposed: <c> ( NO C H *142 ~ Proposed % ofdemolition (Historic properties only): DIMENSIONS: 1. Floor Area: Existing: 08'0 3 Allowable:4 . red: 1)0 Of#Atea Pdneipalbldg. height. Existing: 45'5" Allowable: 03- Proposed: ht) 0#*O.2- lu'.1 Access. bldg. height: Existing: ~ A Allowable: 16- Proposed: ik) 084*Â£,+2- On-Site parking: Existing: 1 Required: 6 Proposed: ADD OwEÂ· 6 j Sfkc (L % Site coverage: Existing: Required: Proposed: Ati CHA+46, 904 *01 % Open Space: Existing. Required: Proposed: Ah CH/Â¥*-4-- Front Setback: Existing: 1 Required. 10' Proposed: K/0 CHAIJGE ..t Rear Setback Existing: O Required: O Proposed: *68Â·ve & )22(90{Fit ED Combined F/R: Existing.- 1~ Required: Proposed: kk) 0/14 WLE- Side Setback: Existing: Required: Proposed: U) O H AvG a Side Setback: Existing. Required: Proposed: 40 0 HAU62 Combined Sides: Existing: Required: proposed: Ak) O <4*4& Existing non-conformities or encroachments: Uvirl i i Viligid All.6-4 SET,dMIC AUD (t Alor to PE'Cr j-42Â·ON, 1 Hll PRID),ill Dwal.Â£4 16-UNIT- Variations requested: /H S 734Â·1790) 400,/73_ , '1! I l lil Ill' 1111411 B] iil 41 ' 111 ' 1-111*11-Tlt 11-1 14 FE 11 R- 6,.. ' -4--- ..: 4 i_- 1-~] 4 . 1H W + E H W. HALLAM ST. 4 iii 0 r -0 0 e 1 E-al -[E Z W k W. BLEEKER ST. . 1-- .*ill- -, -'.- L. 7 |H ~ 'H 0 , I 1 64 5 03 -1- i M 2 li 1 1 ' M P U. H ~ IHI 1 1 1 -H 1-1-r B 471 L z Z Z . 1-1 6-1 MAIN rLP -1200W 500W i 400W 3 00Â£-_ -1.' r '11 OOW 02 1 1 i ! W I H~ 1 L|t, 1 1111 F[4- [-1 /1 1 : --- -4.I- p. 04 101! le 1 - 1,-1 6 a- H ~H |~~ M L--11.--- 1 -0 -===- W - HOPKINS - AVE, 12-B , _.J r. 4-4-fs i - . 1- -115-fl I .(R) M 0 4%134) 41*21 ------ ld=.--'.,4 a m.1 0 0 k Imno pq r ASPEN 1- w,-HYMAN - AVE. - 1 CITY 1 4 LIMITS 4 SEL-9Â»j - _ CONDOM[KNEUM MAP OF WEST SIDE CONDOMINIUMS 1 1. - SITUATED ON LOTS K,L & M, BLOCK 52, CITY OF ASPEN, COLORADO " - 3%....f *1 A B C *Â«. 0 5 10 15 2) 30 40 .50 n f M LEGEND l'All' 1 1 1 1 3 1 L.C.[ â€¢ LIMITED CDAMON ELEMENT 20\lt> I f- toi 2,4515 01'MARINGE> â€¢ 075931'11'E MTWEEN ON CCRNER, OUOCK :52 6.C.E.Â· GEN[,AL COMMON CLEMENT- *40 204 CORNEK, LOT F, BLOCK 92 DNILÂ»vl MAN[ 0 05CÂ¢GS, DENC,-1 MARK AT t,WC(*NCR, PITKIN a]UNTY COURT HOUEe â€¢ 790(,.60 ALLEY Â· BLOCK 52 SUKV[YOK'S CERTIFICATE- . ,â€¢D_KIENT SUU-=ING CORNEK 9WNERS/OUDDIVIDERS OVOOÂ·eD C.[CrKCAL, InrnÂ·IONE 4 Tv LINED f-*lm&%14&*arH ' 1*444.., 1%6#ff,â€¢wlÂ»,0(vo, .Ili,/ilillilli'!il: DEBOFW-1 6. r-!KiCM COIORADO aJRVENOR ( LICENS[ NO. 9164) M[REPr CERTIFY 0/1 r o.t.00,.VE.44. 97'/ . , 57ea' 11,t, 90,00 DIAN/\ M. MUTTAD 1, AMEZ) r K[5[R, A REGISTER[D AND LIC[NS[O /="40 â€¢ Mf-R W/Ft,16!C C CAF, 14!14 111'.IN~ \t it AÂ·T TDAg tV WRVIf ~ CO CFIKIESK)frIEK M f,MIll-1 IN MAY AND JJNC Or 1971 A 2*JKVCY WND MACX UND[le I PARKING LINE]EK *I)(//lilillillilli1. CHRISROFHEM. M. BMITM AD lal.OADâ€¢ *ill //MF//ill'/11//tillil'lii/fl,iili//i//iI/lik 6045/ROCUO< 13itclililfill tifil. 41.Â¥Â¥2/// 0373 Z]OFK15 CREEK MCRAE) MY DIREIrION Â»ID SUfUMDION Or 1Mr FDUCANING CARBONCKLE CE]CRIDED REAL FROF[ieTY, LOTt K, L AND M, BLOCK ARD- .k' 41% U dolor.AEr) 81623 52, CITY' Or- ASFEN, COLOIrAW AND MT 71-1[ 1WO 14=llill/1' illillill'l'll/i/lll'lli ill/j'llillil<l(LLQ11â‚¬14 yDRY WOOD FK/4/1[ el.JILDING WITI-1 eyiÂ©CMEN-f ANC)11-1[ . 1. \4/.0 leÂ©,F 0/0."Al 4 ON[ 5-R)*r WOOD eal.DING WEK[ 10.*40 10 t[ LOCAW) râ‚¬ 1 4% i., ENTIMELY Wi~.IN IM[ SOUNCr,KY Orltl[ ArcM- DESCRZED ----- f.~5~.p-2FiÂ».. * - c- ', REAL MU[RlY AS 2/1OWN ON 7tifb PLAT. -n-E l.(C~UKEN AND ---â€¢-29 rt \ t 9 OMEN1510145 OF lrIE Za)N[,Â¥tr UN[5, UnUTIEb, el.}ILDIN65 'hi Jup /440 1,/IrROVEMENTO IN EVIODIC[ OR INOWN 10 ME AKE Aal,KAJELY St-OWN ON -Ttifi MAY, AN:) IH[ kAAr 28 75 -XII I1 4/ 1.It1 ~gLEATEDÂ¥ AND SUBSTANT~UY DEPIC15 THE LOATION AND -[ME riDFIZONTAL AND VEKIUAL DIKA[NSIONS J Â· 11-1[ BUILDINGY, 4Â·40 0111[F IMPAR/0/!EN-15,1+1[ CONDOMINIUM 7HEREIN AN[) 711EKEON AND -THE UNiT rDEDISNA-IloNS TMEKEOr, -THE MEAOUREMEN-TO OF SAID f lill i///1 , UNITO AND lHE EL[VAPe Or-FHE FLOORâ‚¬) ANOCOUNSS BURLPINe ' 11 WiN.u,wal&-,ll ENNOWHMENT- 0.47 UNDâ‚¬Rltl[ INSrRUCTION* MHJVIOED ME BYTHEOWINERD . .ja*~~ 1 t/ '44 j 1 f/ / // 1/ 1 --Ir,by 2- 9,2. it..~A ~49 4,<5 r KEMK, L.5.91154 -: Â· : --â€¢. - 49 JI / il/iji //lim----1 .1. rlyâ‚¬ Â¥ i 1 Vt*~39~3 .6, 6 2 11*2 .494 YArKID L.CE. N UNIT 2 DECK ~2 lt-116 FRCUICT WAD [XEMI'TED FROM TH[ DIFINITION or Â©TATEMENT Or EXEMPTION L.c.f DUEN)IVIDION FOR'THE FUKFUSE OF GONDOMINIUMIZA-nON .>--92>32t / LÂ¥#/7 2 6 kl= 9 M -THE DTATEMENT KECORD[C> iN FOOK 364 AT MAGE 91 \ or THE FITKiN COUTTY IKECOM[)2Â· 9Â©:SWA>:> p , 'G \\ .b\\\\\\\'r,3:5>:42>929>392>. 4 YED. / L.C.E. 41 CLERK 4 RECORDER"5 CERTIFICATE THI5 CONDOMINIUM MAIÂ° Or WEbT OIDE CONDOMINIUMS UNIT D k. - .411 lilli WA,5 /~CC,[FrEE) Fog MILINa IN THEOFFICE OF THE CLEKK , AND R[COKPEK OILTh'(COUNTY Or fl-TKIN, STATE Or 7 %2#56 0.1Â»%44. + c* ltj1ilillitilliliji1. FLAT 00014 /O AT FASE. 1-1.- B<ECEF!-ION N1-1/593 .!99*8*) WAS DULY n 1%49#'fl /I.4i. WI VE FENCE E râ€¢, .re Her<E,v#-- _AHME* 0 MÂ« 41//hl (44ulkvtuo 1-b'lpkylÂ·;;,~ o Z CLER:K 4 KTORDER 3 1 -5 YARDÂ· iCE UNIT 3 t! - FENCE 4/(INDâ€¢ Crrf MCNUME,Â·!F L,1. 1164 *W (12< BOLK 52 r Nur""V"w 40,00 11 11 11 11 It 11 11 11 -3ahoâ€¢ laBâ€¢ue 4 M.werc GAr 'i 2*r / HOPKINS AVENUE ~ -:râ€¢~/ ,Â·,4 13*i Ze.. 699*315* , WEST SI[DE ....., $: '26#*. 'C-2,'*..& #ht--*'- ". I ': / ...+ -/ CONDOMIN .. 1 SHEET -101 424.r,1 51245#1'tijaiNA~#Sy<421~fi:PY/./F;4*(f~~RIAJ.<526'-.A'.:;.:1-... .. ......~. 0 0 Â· I. I 1 Jot>No 79-14 0 SECOND STREET -- - ELF VM-(0 9 1 - Â·Â· 7 Â· '4:q-/.- 1 1 1 - I. A.. 7Â·Â¢:1>Â·i; .-45:Â·.Â·4.1-,4 .4'i?b''i'ii:43:,3%Â·AE;~Af%(4:~ti.tic,~ui~ -Â·:.rE.Â·I. ~Â·Â· -0 ~ ~- ~~~~ ~Â·-Â·~ Â· ~Â·Â·-Â· I 2:Â·Â·~ 1%4-,Â·14924%~â‚¬,Af4Â·t.:-hji~~:.Â·:Â·-.1.Eff**ff.fr. :Â·0.(Ff:.j,1....ifi.Â·:Â·3 ?.Â·Â·Â·i. ..-o'.Â·:44â‚¬F} ?4-~~~;"?: 34,S.Â·:.1.1.-~. ...2; 1. ... . 9.,2.-ft-~::'y?~~ .Â·~.-)~ Â·/- - ~ j~~~0~~ ~~? Â· -r. - - ..,-- v UNIT ONG rM--. HJ#-, 9.1 Â¥ysÂ¥=EÂ»%2 0-731123 aeÂ¢ CH 7.95 ir 4 Nk:%6 1Â£102--,77 - 0 / 1 2 IL.:11 0 - .-I 1 1 174 ..======~=- '4 1 1: fi ir'Er 1 035 1 1 2& 1 a7 Lf IMIL:â„¢2 Z UNIT Twq 46= NORTZdl ELEVATIONS G.7863.77 N 1--3.0052--824*2 Â® -0. N , ----''n.7891.77 [L.7892.44 -- 385 :T ..1 - --7-94 t! 01 6.14 - L d u u u u=dr Nâ€¢-u u u 1 14-07( 7.6. CHÂ®.25 h crt 6.0. 9 R M.56.1 5Â·13 ~ 1 5.53 x75> d 0 0 0 1 1 lf=-r====:=Z:= 1.-------- Er--------- 3.15 8./5 1/ ce 8.C [NifT- H '1Â·4zxti.9.3 1 I n=E e EL -18&4.1 0 WNIT TH|~EE; ' 1 EL.72511.10 N ~. i Â· CM â€¢ CEILING â‚¬IGHT 1.--1----/-1.--- 1 1 Ir----------- 1 1 ' EL. - Elry,mON *' L-------J i , 1 3 5 4------------1------.1 It CHe ~ I tO.9ZY.t !.49, EAST ELEVATION Ir---47/3----.0.. 4.54% ".94 27:2: CH 7.3 BASEMENT PLAN FIRST FLOOR PLAN r 2-3- 1 1 1 L /h - 1 - - 1 1 1 ' L...._ _'i 1 j 1 1 1! 1 I 14 r- SOUTH ELEVATIONS r-7 1 1 ii 11 1 1 1 - * El.7141.38 i , rn . 1 1 1 - 1 #' M. Â£ 1 .. ' MUUUuu t~-Ir t /3/ F . c==- 1 1 n. W --- ~ -~tm2.44*' d il mB ral i I r-7 . - 7.Â«41.4-- 11, 1 :' 1 1 : . 1 1 1% 2 - ----- ,1 1 1 1 1 . 1 1 0 / ' i WEST ELEVATION / , 4.-4 44.4 .4 .'74'. r..bl 4.--_-UM21329_- -4, * 1 1 2,Â£*fiÂ¢LU y... . 1 1 XI 1.. 1\ 508Â® 30 40 801Â·T Ill]11 1 1 1 1 1 1 SECOND FLOOR PLAN ROOF PLAN SCALE: 1"â€¢10' *f.. '. WEST SIDE -I , 4 i OONDOMINIU * *-Â·4-\64Â·Â·Â·2Â· g.Â·~24424Â·~Â·Â·Â·.44Â¢i#*44Â£*8501#MABE*#3*.<fky&i Â©~~~ :~~~~~~~.....ti-L.<-~~~~~~4'.Â·~?3~~.â€ži:~t~~-8.~j:.4 Â·~~i Â·.:Â· ~Â·-Â·.iÂ· : f -:.-LÂ·J 1 i.:Â· 71639. i:.'r;.Af' 9.-2<; -0.'., :---~f,; Â·9- ....,Â· .~ ..iâ‚¬ .....1 1.: b.Â·:Â·.'r. 9.-A,Â· , prâ€¢K <4 0.6