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HomeMy WebLinkAboutagenda.apz.19980721AGENDA ASPEN PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY, JULY 21, 1998 4:30 PM COUNCIL CHAMBERS, CITY HALL. II. COMMENTS A. Commissioners B. Planning Staff C. Public DISCLOSURE OF CONFLICTS OF LNTEREST ILL MINUTES IV. PUBLIC HEARINGS 4:45 A. 5:00 B. 5:30 C. 6;00 D. 727 Bay St., Elden Conditional Use for one accessory dwelling unit, Chris Bendon . · 940 E. Hyman, Simpson Conditional Use for one accessory dwelling unit and Residentail Design Waiver, Chris Bendon 123 E. Hyman Duplex Conditional Use for two accessory dwelling units - Public Hearing, Mitch Haas COde Amendment - Wireless Telecommunication Service Facilities and Equipment, Mitch Haas Note: These times are approximate, and applicants should plan to be present approximately 1/2 hour prior to their case time estimates. MEMORANDUM r TO: Aspen Planning and Zoning Commission f THRU: Stan Clauson, Community Development Directo 6'� FROM: Christopher Bendon, Planner 60� RE: Elden Conditional Use for an Accessory Dwelling Unit (ADU) 727 Bay Street -- Public Hearing DATE: July 21, 1998 SUMMARY: The applicant, Richard Elden, is requesting Conditional Use approval for an Accessory Dwelling Unit conversion of an existing space above a garage at 727 Bay Street. The property is currently developed with a duplex and is located along the Roaring Fork River in the Oklahoma Flats Subdivision. The applicant is not altering the duplex or proposing any other development other than for the interior space. Therefore, the application may be exempted from Stream Margin Review. The exemption criteria have been included for the Commission's review. The Parks Department has asked the applicant to re -direct some existing lights on the duplex away from the river. This existing space is approximately 28.5 feet by 28.5 feet, or about 815 square feet - above the prescribed 300 to 700 square foot standard for ADUs. Staff is recommending the Commission vary the dimensional requirements to allow this larger ADU. The applicant is not requesting an FAR bonus. Staff recommends approval of the Conditional Use for an Accessory Dwelling Unit, with conditions. APPLICANT: Richard Elden. Represented by Glenn Horn, AICP. LOCATION: 727 Bay Street (Oklahoma Flats). ZONING: R-30. Low Density Residential. LOT AREA (FOR PURPOSES OF FAR): 13,410 square feet minus areas within high water, steep slopes, and any easements. FLOOR AREA: 4,800 for a duplex. This is an approximate number based on the approximate Lot Area. No additional FAR is proposed at this time. CURRENT LAND USE: Duplex. PROPOSED LAND USE: Duplex with an ADU above the garage. PREVIOUS ACTION: The Commission has not previously considered this application. REVIEW PROCEDURE: Conditional Use. The Commission shall approve, approve with conditions, or disapprove the application at a public hearing. BACKGROUND: The parcel is non -conforming with the R-30 Zone District requirements due to its size. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "A." Agency referral comments have been included as Exhibit "B." The application has been included as Exhibit "C." Staff has reviewed and approved the Residential Design. RECOMMENDATION: Staff recommends approval of the Conditional Use for an accessory dwelling unit, with the following conditions: The Commission varies the ADU dimensional requirements to allow this larger unit of approximately 815 square feet. 2. Prior to the issuance of any building permits the building plans shall reflect: a) that the proposed ADU is labeled as such and meets the definition of an Accessory Dwelling Unit. b) that the ADU will contain a kitchen (having a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer) and a bathroom (having a minimum of a shower, sink, and a toilet). 0 .) that there is a signed and recorded ADU deed restriction on the property, a form for which may be obtained from the Housing Office. The deed restriction shall be noted on the building permit plans. that the ADU has the minimum one (1) off-street parking space provided. The ADU space must have clear access and cannot be stacked with a space for the primary residence. c that the ADU meets all applicable UBC requirements for light and air. 3. P nor to issuance of a Building Permit, the building permit plans shall identify a 5 ft wide p destrian space along Bay Street, the applicant shall execute a curb, gutter, and si=-ewalk agreement, and the applicant shall execute an agreement to join any future in, provement districts for the purpose of constructing improvements which benefit the pr aperty under an assessment formula. 4. Prior to issuance of a Building Permit, the applicant shall gain approval from the City W ter Department for any additional service improvements required. 5. Pri )r to issuance of a Certificate of Occupancy, the Housing Office and/or the Zoning Of cer shall inspect the accessory dwelling unit for compliance with all appropriate standards in Section 26.40.090 of the Code. and any conditions of approval. 6. Bosh the ADU and the principal residence shall be able to function as separate living uni 3. Each shall have an entrance and access to individual mechanical equipment for the -espective unit. 7. All :outside lighting shall be downcast and not used to accentuate architectural or land -.cape elements of the property. The existing outdoor lights on the river -side of the duplx shall either be removed or re -directed away from the river. The owner shall not plant any non-native vegetation along the stream. 8. A trc= removal permit from the City Parks Department shall be required for the removal or relocation of trees as per Section 13.20.020 of the Code. 9. Prior to issuance of a building permit, the applicant shall complete a tap permit and shall pay L d connection charges due to the Aspen Consolidated Sanitation District. The appl_ .ant shall connect the ADU to the sanitary sewer in a manner acceptable to the ACS�D superintendent. 10. Prior to issuance of a building permit, the applicant shall obtain a permit from the Environmental Health Department for any certified woodstoves or gas log fireplaces (new coal- & woodburning fireplaces are not allowed). 11. All utility meters and any new utility pedestals or transformers must be installed on the appli .-ant's property and not in any public right-of-way. Easements must be provided for pede >tals. All utility locations and easements must be delineated on the site impr� vement survey. Meter locations must be accessible for reading and may not be obstructed. 12. The applicant must receive approval for any work within public rights -of -way from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 13. The a1;plicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 10 p.m. 3 14. Before issuance of a building permit, the applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay :his fee to the City Clerk who will record the resolution. 15. All material representations made by the applicant in the application and during pub i is meetings with the Planning and Zoning Commission shall be adhered to and considere4Y conditions of approval, unless otherwise amended by other conditions. 16. Prior to issuance of a building permit, the applicant shall submit a drainage reporT ailod a drainage plan, including a erosion control plan, prepared by a Colorado licensed Ci' it Engineer which maintains sediment and debris on -site during and after construction. If a ground recharge system is required, a soil percolation report will be required to cor7 ectly size the facility. A 2 year storm frequency should be used in designing any drainage improvements. RECOMMENDED MOTION: "I move to approve the Conditional Use for an Accessory Dwelling Unit at.he Elden Residence, 727 Bay Street, with the conditions outlined in the Community Development memo dated July 21, 1998." ATTACHMENTS: Exhibit "A" -- Review Criteria and Staff Findings Exhibit "B" -- Referral Agency Comments Exhibit "C" -- Application 11 Exhibit A STAFF COMMENTS: ADU Section 26.60.040, Standards Applicable to all Conditional Uses (A) The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. Staff Finding: An Accessory Dwelling Unit with no mandatory occupancy deed restriction is consistent with the purposes, goals, objectives, and standards of the Aspen Area Community Plan. The applicant is not seeking an exemption from GMQS. Accessory Dwelling Units are a conditional use in the R-30 Zone District. (B) The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Staff Finding: The surrounding land uses are exclusively residential with a community park across the river from the property. There are existing ADUs in the immediate area. (C) The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Staff Finding: The location, size, and design of the proposed conditional use are consistent with the zone district requirements. Operationally, the ADU will have little impact on the surrounding properties. The structure is already built and can be easily converted. If the ADU is occupied, pedestrian and vehicular use will be slightly increased over the existing duplex use. However, the ADU occupant could now or in the future serve as a caretaker for the primary residence and reduce the number of service trips necessary. The existing space is approximately 28.5' by 28.5' or about 815 square feet - above the prescribed 300-700 square feet for ADUs. The Commission has the ability to approve variances to the dimensional requirements of ADUs, and this is suggested by staff. The application does not propose a complete bathroom (no shower) and does not show a kitchen for the unit, ADUs must be able to function as separate residential unit. The permit plans for this unit must show a kitchen and a bath as required. Also, one parking space for the ADU must be shown on the site plan. This space cannot be stacked with another space unless that second space is also designated for the ADU. Staff Comments page 1 (D) There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Staff Finding: Park fees are payable at building permit. Infrastructure capacity is sufficient for this development and utilities are available. The applicant will need to complete a tap permit for sanitation service. Also, the unit may need to be separately served, subject to further review by the ACSD. This has been included as a condition of approval. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Staff Finding: The conditional use mitigates itself. (F) The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. Staff Finding: A variance to the dimensional requirements for an ADU must be granted by the Commission to allow the larger unit. The existing structure is approximately 5 feet from the side lot line. The side yard requirement for the zone is 10 feet and this is a non- conformity. The Commission may approve variances to the dimensional requirements through this ADU process and "legalize" the side yard for the ADU if desired. If not, the existing encroachment may continue as a non -conformity. Because the variance, if granted, would only be for the ADU and not the garage, staff suggests the Commission not grant a variance but rather allow the structure to continue as a non -conformity. The property is located along the Roaring Fork River and subject to Stream Margin. This type of development (interior remodeling) may qualify for an exemption. Staff suggests such an exemption with the condition that the applicant re -direct some existing exterior lights away from the river as requested by the Parks Department. Section 26.40.090, Accessory Dwelling Units A. General Provisions 1) Accessory Dwelling units shall contain not less than three -hundred (300) square feet and no more than seven -hundred (700) square feet of net livable area. The unit shall be deed restricted, meeting the Housing Authority's guidelines for resident occupied units and shall be limited to rental periods of not less than six (6) months in duration. Owners of the principle residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. One (1) parking space shall be provided on -site for each studio unit, and for each bedroom within a one or two -bedroom accessory dwelling unit. Staff Comments page 2 Staff Finding: The proposed ADU needs to be granted a variance to allow it to exceed the 300 and 700 square feet standard. Staff is recommending the Commission grant this variance. Additional requirements concerning the kitchen, bath, etc. have been included in the recommended set of conditions. The applicant will need to show compliance with these requirements before a building permit may be issued. The applicant will be required to file a deed restriction on the unit prior to building permit. 2) An attached accessory dwelling unit shall be subject to all other dimensional requirements of the underlying zone district. Staff Finding: The existing structure where the ADU will be located is non -conforming with respect to the side yard setback. The Commission may approve a variance to this dimension, but only for the ADU portion of the structure. This may be a positive benefit if the, owner wants to expand the unit in the future. It would, however, create a strange dimensional requirement for the structure. The garage setback would be 10 feet, while the ADU setback would be 5 feet. . Staff suggests the Commission simply allow the structure to continue as a non -conformity. If the applicant wishes to expand, or needs a variance in the future, a variance could be considered at that time. 3) A detached accessory dwelling unit shall only be permitted on parcels that have secondary and/or alley access, exempting parcels with existing structures to be converted to detached accessory dwelling units, detached garages or carports where an accessory dwelling unit is proposed above, attached to, or contained within such detached garage or carport. Detached accessory dwelling units are prohibited within the R-15B zone district. Staff Finding: The ADU is proposed within an existing detached structure. 4) An attached accessory dwelling unit shall utilize alley access to the extent practical. Staff Finding: This property does not have an alley. A. Development Review Standards. 1) The proposed development is compatible and subordinate in character with the primary residence located on the property and with the development located within the neighborhood, and assuming year -around occupancy, shall not create a density pattern inconsistent with the established neighborhood. Staff Finding: The proposed ADU is subordinate to the main residences, the surrounding residential uses, and will not create a density problem for the neighborhood. One neighbor did raise a concerns about traffic generation with staff. This conditional use is not expected to create abnormal traffic hazards or capacity problems in the area. 2) Where the proposed development varies from the dimensional requirements of the underlying zone district, the Planning and Zoning Commission shall fmd that such Staff Comments page 3 variation is more compatible in character with the primary residence than the development in accord with dimensional requirements. The following dimensional requirements may be varied: a. Minimum front and rear yard setbacks b. Minimum distance between buildings on the lot. c. Maximum allowed floor area may be exceeded up to the bonus allowed for accessory dwelling units. d. The side yard setback shall be a minimum of three feet. e. The maximum height limits for detached accessory dwelling units in the R-6 zone district may be varied at the rear one-third (1/3) of the parcel, however, the maximum height of the structure shall not exceed eighteen (18) feet. On Landmark Designated parcels and within the Historic Overlay District the HPC shall have the ability to make height variations. f. Maximum allowable site coverage may be varied up to a maximum of five (5) percent, on Landmark Designated Parcels and within an Historic Overlay District the HPC shall have the ability to make such site coverage variations. g. In the case where the proposed detached accessory dwelling unit is located on a Landmark Designated Parcel or within an Historic Overlay District only HPC may make dimensional variations pursuant to the standards of Section 26.40.070(B) Staff Finding: The applicant is not requesting any variations to the dimensional requirements. The Commission may want to consider "legalizing" the side yard for the ADU, but staff is not recommending such a variance. 3) The Planning and Zoning Commission and the Historic Preservation Committee may exempt existing nonconforming structures, being converted to a detached accessory dwelling unit, from 26.40.070(B)(2)(a-g) provided that the nonconformity is not increased. Staff Finding: The existing structure is non -conforming on the west side -yard and the applicant is not proposing to increase the condition. Staff is recommending the Commission exempt the application from the dimensional requirements by allowing the structure to continue as a non -conformity. The Resolution can reflect the non -conformity if the Commission desires. 4) Conditional use review shall be granted pursuant to Section 26.60.040 Standards applicable to all conditional uses. Staff Finding: Refer to Stuff Comments for Conditional Use review. C. Bandit Units. Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to November 1, 1988, and which complies with the requirements of this section may be legalized as an accessory dwelling unit, if it shall meet the health and safety requirements of the Uniform Building Code, as determined by the Chief Building Official. Staff Finding: Does not apply. D. GMQS/ Replacement Housing Credits. Accessory dwelling units shall not be used to obtain points in the affordable housing category of the Growth Management Quota System (GMQS). Only those units meeting the housing size, Staff Comments page 4 type, income and occupancy guidelines of approval of the housing designee and the standards of Section 26.100.090 may be used to obtain points in the affordable housing category. Accessory dwelling units also may not be used to meet the requirements of Title 20 of the Municipal Code of the City of Aspen, Colorado, "Residential Multi -Family Housing Replacement Program." Staff Finding: Does not apply. E. FAR for Accessory Dwelling Units. For the purposes of calculating floor area ratio and allowable floor area for a lot whose principle use is residential, the following shall apply: the allowable floor area for an above -grade attached accessory dwelling unit shall be excluded to a maximum of three -hundred -fifty (350) square feet of allowable floor area or fifty (50) percent of the size of the accessory dwelling unit, whichever is less. This floor area exclusion provision only applies to accessory dwelling units which are subject to review and approval by the Planning and Zoning Commission pursuant to conditional. use review and approval, Section 26.60.030 of this code, and the units must be deed restricted, registered with the housing office, and available for rental to an eligible working resident of Pitkin County. The owner retains the right to select the renter for the unit. An Accessory Dwelling Unit separated from a principal structure by a distance of no less than ten (10) feet with a maximum footprint of four hundred fifty (45) square feet, shall be calculated at fifty (50) percent of the allowable floor area up to seven hundred (700) square feet of Floor Area: Any element linking the principal structure to the accessory structure may be no more than one (1) story tall, six (6) feet wide, and ten (10) feet long. Staff Finding: The unit does not qualify for a Floor Area exemption based on the detached unit definition. The applicant is not requesting a Floor Area bonus. Stream Margin Review Exemption. 1. The development does not add more than ten (10) percent to the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five (25) percent. Staff Finding: The proposed development does not add floor area. 2. The development does not require the removal of any tree for which a permit would be required pursuant to Chapter 13.20 of this Code. Staff Finding: No trees are proposed for removal. The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than is the existing development. Staff Finding: The development is within existing development. Staff Comments page 5 4. The development does not fall outside of an approved building envelope if one has been designated through a prior review. Staff Finding: The proposed development is within an existing structure and will not affect the building envelope for the property. 5. The development is located outside of the of the special flood area and more than one hundred (100) feet measured horizontally from the mean high water line of the Roaring Fork River and its tributary streams, or the expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the special flood hazard area. Staff Finding: The proposed development will not increase the amount of ground coverage an the property. Staff Comments page 6 JUL 01 ' 9S 09 : 52AM ASFEN HOUSING O FG P.1 a � MEMORANDUM TO: Chris Bendon, Community Development Dept. FROM: Cindy Christensen, Housing Office DATE: July 1, 1998 RE: Elden Conditional Use for an ADU -- 727 Bay Street Parcel ID No. RE : The applicant is requesting approval for an accessary dwelling unit to be located above a detached garage. AACKG: A=ording to Section 26.40.000, Accessory Dwelling Unite, a unit shall contain not less than 300 square feet of net livable area and not more than 700 square feet of net livable area. : When the Housing Office reviews plans far are accessory dwelling unit, there are particular areas that are given special attention. They are as follows: 1. The unit must be which means the unit must have a primate entrance and there shall be no other rooms in this unit that need to be utilized by the individuals in the principal residence; i.e., a mechanical room for the principal residenca. 2. The kitchen includes a minimum of a two -burner stove with oven, standard sink., and a 6- cubic foot refrigerator plus freezer. .}~�►�-i�rie►•w- 3. The unit is required to have a certain percentage of natural light into the unit' i.e., windom, sliding glass door, °,Mndcw wells, etc„ especially if the unit is located below grade. The Uniform Building Code requires that 10% of the fleet'' area of a unit needs to have natural light. Natural light is defined as light which is clear and open to the sky. 4. Should the un t be used to obtain an FAR bonus, the unit MUST be rented to a qualified employee. 5. A deed restriction MAST be recorded PRIOR to gilding permit approval. The deed r+estrtotion shall be obtained from the Housing Office. RECOMNENDAI`10 : After reviewing the application, the Housing Office recommends ap praval on the condition that floor plans showing the actual knit — kitchen, bathroom, etc, -- a provided to the Housing Office prior to building permit approval, along with a recorded deed restriction. 1aft raWda xadu ,7,,�7sPerl Corlsofo�¢feo�c�¢rzlf¢fiotz �Isfrlcf �. 565 North Mill Street Aspen, Colorado 81611 J UN 2 A 1998 Tele. (970) 925-3601 FAX #(970) 925-2537 Sy Kelly - Chairman Paul Smith • Treas. Louis Popish • Secy. June 23, 1998 Chris Bendon Community Development 13 0 S . Galena Aspen, CO 81611 Re: Eiden ADU Dear Chris: MIMRiP01FW C E, V E L 0 P M ENT Frank Loushin Bruce Matherly, Mgr. The existing duplex at 727 Bay Street is currently served by the District. The addition of an accessory dwelling unit, above the garage, would not adversely effect our ability to serve. The two existing units are currently served by a common service line. Since the garage is detached from the duplex the owner will need to run a separate service line from the ADU to the public system,or, if our line superintendent determines that the existing service can handle the additional flows, tie into the existing service line. The applicant is encouraged to schedule a utility locate with our office and review the connection options with Tom Bracewell, the District line superintendent. Once detailed plans are available, a ta2 perr,' can be completed at our office which will estimate the fees for the project. As usual service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Please call if you have any questions. Sincerely, Bruce Matherly District Manager EPA Awards of Excellence 1976 • 1986 - 1990 Regional and National mom 4M T EMORAii DUM To: Chris Bendon, Project Planner Thru: Nick Adeh, City Engineer ; From: Ross C. Soderstrom, roject Engineer �CS' Date: July 13, 1998 Re: Elden - ADU Conditional Use Review Physical Address: 725 & 727 Bay Street, City of Aspen, CO Legal Description: Lots 7,8 & 9, Block 2, Oklahoma Flats, City of Aspen, CO [Sec. 7, TlOS, R84W] Parcel ID No.: xxxx-xxx-xx-xxx After reviewing the above referenced application and making a site visit, I am reporting the combined comments made by the members of the DRC: 1. Changes in Conditions: If the proposed use, density, or timing of construction of the project change, or the site, grading, drainage, parking or utility plans for this project change subsequent to this review, a complete set of the revised plans shall be provided to the Engineering Dept. for review and re- evaluation. The discussion and recommendations given in this memorandum apply to the application and plans (received June 8, 1998) provided for this review and such comments and recommendations may change in response to changes in the use, density, or timing of the construction of the project, or changes in the site, grading, drainage, parking or utility designs. The applicant will be required to complete the standard requirements and conditions associated with the form(s) of development requested in the application. 2. Utility Services, Trash and Recycling Areas: The application materials do not indicate proposed utility service locations however, utility service connection points, meters, cabinets, etc., need to be accessible to service personnel in the completed project and not obstructed by garbage or recycling containers, other structures or landscaping. All existing and any new easements for utilities shall be shown on the final improvement plans submitted for the building permit. r 3. Site Drainage: The new development cannot release more than historic (pre -development) storm run-off flows from the site. Released run-off must be in non -concentrated discharge and any increase in historic storm run-off flows must be first routed and detained on the site. A drainage report and drainage plan (including erosion and sedimentation control measures) completed and stamped by a Colorado licensed 1 OF 3 DRCM1898.DOC Memo: Elden - ADU Conditional Use Review civil engineer will be required for the project to accommodate the drainage flows originating from the site. Precipitation intensity curves for a two year (2 yr.) storm frequency should be used in designing the drainage improvements. If a ground injection or re -charge type drainage system is proposed, the percolation rate of the soils will need to be measured and reported in a geotechnical report, and included as the basis for sizing the infiltration system. The drainage report and plan, and the geotechnical report, if any, will be included with the plan set prior to submittal for the building permit application. 4. Driveways & Parking Area: The application does not provide an identified Rarki� Qe for the ADU within the property boundaries. A parking space meeting the dimensional requirements and lying entirely within the property boundaries must be shown in the site plan submitted with the building permit plan set. Presently the entire Bay St. frontage is used as a driving area to the parking pad on the east side of the site and the double garage on the west side of the site. This configuration does not conform to City code which permits a single driveway of up to 18 feet in width for this lot. 5. City Water Dept.: The owner will need to enter into a common service line agreement for the existing duplex units. If the detached garage/ADU building will receive water service, a separate tap, curb stop, service line, and meter will be required for this building. 6. . Aspen Consolidated Sanitation District: The owner will need to verify with the District the sewer service to the property and comply with the normal standards for additional services. 7. Stream Margin: Although this property is not subject to a formal Stream Margin Review in this application, the property does border on the Roaring Fork River and there are several conditions which are requested for consistency and preservation of the river frontage. These are: 1) that the metal conduits and spot lights directed toward the river be removed from the trees, 2) that the river bank not be re -graded by filling, excavating, or terracing, 3) that native riparian species be planted on the river bank rather than non -indigenous, ornamental plant species, 4) that the irrigation system be removed from the river bank, and 5) that the other standards of stream margin review are incorporated in the landscaping design and use of the riverbank. 8. Sidewalk, Curb & Gutter: A 5 ft wide pedestrian space should be shown on the site plan submitted with the building permit application. Although no curb, gutter or sidewalks are planned for this area, the applicant should execute a curb, gutter and sidewalk agreement for recording prior to building permit issuance. 9. Improvement Districts: The property owner is required to join any future improvement :rich formed for the purpose of constructing public improvements which benefit the property under an assessment formula. The agreement would be executed and recorded prior to the issuance of a building permit. 2 OF 3 DRCM 1898.DOC Memo: Elden - ADU Conditional Use Review 40. As-Builts: Prior to C.O. issuance the building permit applicant will be required to submit to the Aspen/Pitkin County Information Services Dept. as-builts drawings for the project showing the property lines, building footprint, easements, encroachments, entry points for utilities entering the property boundaries and any other improvements. 001'11. Work in the Public Rights -of -Way: Given the continuous problems of unapproved work and development in public rights -of -way and easements, we advise the applicant as follows: The applicant must receive approval from: City Engineering (920-5080) for design of improvements, including landscaping and grading, within public rights -of -way; Parks Department (920-5120) for vegetation species and placement, and irrigatfon systems; Streets Department (920-5130) for mailboxes, street and alley cuts; and shall obtain permits for any work or development, including landscaping, within public rights -of -way from the City Community Development Department (920-5090). DRC Meeting Attendees: Applicant: Glenn Horn, planner representing the owner Staff & Referral Agencies: Chris Bendon, Ross Soderstrom, John Krueger, Rebecca Schickling, Ed VanWalraven 3 OF 3 DRCM1898.DOC DavisHorn�n- PLANNING & REAL ESTATE CONSULTING June 8, 1998 Chris Bendon Aspen Pitkin County Community Development 130 South Galena Street Aspen, CO. 81611 Dear Chris: Davis Horn Incorporated represents Richard Elden (herein referred to as the Applicant) who owns a property at 727 Bay Street in Oklahoma Flats, City of Aspen. This letter requests land use approvals for an Accessory Dwelling Unit (ADU) to be located in existing finished living area located above an existing garage. The garage is detached from the primary, two story duplex structure existing on the property. As required, this letter will address the Code requirements for the development of a conditional use and for the development of an ADU. The submission requirements and review standards for these two reviews are addressed below. CONDITIONAL USE REVIEW Section 26.6 of the Land Use Code addresses conditional uses. As an Accessory Dwelling Unit (ADU) is a conditional use in the applicable R-30 PUD zone district, this section of the Code has been addressed in this application. Attachment 1 is a copy of a survey of the subject property and Attachment 2 shows elevations and floor plans of the existing garage with finished area above which is to be converted to an ADU. Under the proposal, the exterior of the structure will not change and the interior of the second story finished area will be remodeled to include a kitchen. An application for a conditional use must address the six review standards listed in Section 26.60.040 of the Code. These standards are listed, then addressed below. A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan and with the intent of the Zone District in which it is proposed to the located. The proposed ADU is consistent with the purposes, goals and objectives of the Aspen Area Community Plan (AACP) . Page 5-2 of the AACP addresses the "kind of vitality brought to Aspen by its ALICE DAVIS, AICP � GLENN HORN, AICP 215 SOUTH MONARCH ST. • SUITE 104 - ASPEN, COLORADO 81611 - 970/925-6587 - FAX: 970/925-5180 full time residents" and "the inability of working people to live in their town." The creation of an ADU will contribute to the vitality of Aspen and the ability of a working person to live in Aspen. As mentioned on page 5-3 of the Plan, the ADU will help to "create a community of a size, density, and diversity that encourages interaction, involvement and vitality among its people." Page 6-3 of the Plan addresses the desired increase in resident housing and how the community should encourage a more balanced permanent community. The provision of an ADU will contribute to an increase in resident housing which will encourage a more balanced permanent community. Pages 7-2, 9-1 and 30-5 of the AACP states the goal of creating housing opportunities for 60% of the work - force to live upvalley of Aspen Village Trailer Park (excluding Snowmass Village) and the desire to reduce auto impacts. An ADU will create a housing opportunity in Oklahoma Flats and fill it with a local person who will be more likely, due to the proximity to downtown, to walk, bike and use public transportation rather than depend heavily on the automobile. Page 30-1 of the AACP discusses the intent of the AACP to create a housing environment which is dispersed, appropriately scaled to the neighborhoods and affordable. An ADU located above a detached garage in a neighborhood built out with single family and duplex homes is of the appropriate scale and contributes to the desired housing environment. The proposed ADU, located above an existing garage on a parcel developed with a free market duplex, is compatible with the scale and character of the community and the subject's immediate neighborhood. This is stated as important on page 30-5 of the AACP and on page 31 where applicants are encouraged to develop small scale resident housing which fits the character of the community and is interspersed with free market housing throughout the Aspen Area. The proposed ADU in Oklahoma Flats neighborhood will contribute to these objectives. Page 31 of the AACP discusses how infill development should be encouraged within the existing urban area so as to preserve open space and rural areas and allow more employees to be able to live close to where they work. This is a strong advantage to the proposed ADU. The creation of this unit in an already existing space above a garage is the least impactive type of inf ill development. Also stated on page 31 is the desire to locate permanent resident housing near desired activity centers. The Oklahoma Flats area's proximity to downtown Aspen and its activities make it an excellent location for an ADU. The 3rd bullet listed on page 31 of the AACP states the intent to "promote, market and implement Cottage Infill and Accessory Dwelling Unit programs.". Given this AACP statement, plus the other sections of the AACP referenced here, the- proposed conditional use certainly complies with and is consistent with the purposes, goals and standards of the AACP. The subject is located in the R-30 PUD zone district. The intent of this low -density residential district is to provide areas for long term residential purposes with customary accessory uses. Lands in the R-30 PUD zone are typically located along river frontages in outlying areas of the city. The proposed ADU meets the intent of this zone district. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. The proposed ADU is to be located in existing space above an existing detached garage in the Oklahoma Flats neighborhood. The conversion of the existing living area to a separate unit is one of the least impactive ways to create an ADU. The use will not significantly generate any new impacts. It is compatible with the uses and character of the immediate vicinity, which is built out with other homes, duplexes, caretaker and accessory units. It should compliment the mixture of uses and activities in the area. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse affects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Parking, trash and service deliveries will not significantly change as a result of the ADU as the access to the garage and the existing residences will not change. Visual impacts will not change. The unit will operate essentially the same as the space did as finished living area. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems and schools. The addition of the one proposed ADU in existing finished space will not significantly impact public facilities and services. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. No new employees will be generated from this conditional use (an ADU) and therefore this standard does not apply. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. The proposed conditional use complies with the AACP and with all pertinent requirements of the Land Use Code. ACCESSORY DWELLING UNITS Minimum Submission Requirements The applicant for this request for conditional use approval for an accessory dwelling unit is Richard Elden of 2430 North Lakeview Avenue, Chicago,, Illinois. Mr. Elden owns a duplex located at 727 Bay Street in the Oklahoma Flats Subdivision which is the subject of this request. Mr. Elden's phone number is (31.2) 263-7522. Please ref er to Attachment 3 f or a copy of a letter f rom Mr. Elden authorizing Davis Horn Inc. to submit this application and to represent him in the land use review process. A copy of the legal description of this parcel is found in Attachment 4 to this letter. Also, please refer to Attachment 5, a vicinity map- locating the subject parcel within the City of Aspen. Attachment 1 is a site improvement survey including topography and vegetation. This information should meet the minimum submission contents referenced in attachment 3 to the pre -application conference summary sheet which is found in Attachment 6 to this application. (The request for approval to an insubstantial amendment to an approved conditional use" which is referenced in attachment 4 to the pre - application conference summary sheet is no longer being requested with this application.) Review Standards: Development of an Accessory Dwelling Unit An Accessory Dwelling Unit review requires a public hearing before the Planning Commission. When considering a development application for an ADU, the Planning Commission must consider whether all of the following standards have been met. Below, each of these standards are listed and addressed. 1. The proposed development is compatible and subordinate in character with the primary residence located on the property and with the development located within the neighborhood, and assuming year -around occupancy, shall not create a density pattern inconsistent with the established neighborhood. 2. Where the proposed development varies from the dimensional requirements of the underlying zone district, the Planning and zoning Commission shall find that such variation is more compatible in character with the primary residence than the development in accord with dimensional requirements. No new exterior construction is proposed as existing living area over an existing detached garage is being converted to an ADU. The only interior remodeling will involve the addition of a kitchen. No new construction is proposed for the existing duplex. The applicant therefore does not believe than the dimensional requirements or variations to the requirements are required as the structures are all existing. The two existing structures (the garage containing the area above to be converted to the ADU and the existing duplex) are both nonconforming with regard to the side yard setback on the west side yard® The side yard requirement is 10 feet for accessory and primary structures and the actual existing side yard on the west side is 5 feet. The side yard setback can be varied to 3 feet for an ADU. No non -conformity, such as the side yard setback, will be increased, but the grandfathered non -conformities will continue to exist. The addition of an ADU in existing space will not in any way increase the .nonconformity . 3. The Planning and Zoning Commission and the Historic Preservation Committee may exempt existing nonconforming structures, being converted to a detached accessory dwelling unit, from Section 26.40. 090 (B) (2) (a) -- (g) provided the nonconformity is not increased. As stated in the response to Section 26.40.090(B) (2) (a) through (g) above, the existing garage structure is non -conforming with regard to the west side yard setback. We are therefore requesting that the side yard setback be exempt due to its nonconformity. The subject lot is nonconforming as well as it contains 13,250 square feet and is smaller than the 30,000 square feet ( and 15,000 square feet per unit) requirement. 49 Conditional use review shall be granted pursuant to Section 26.60.040, standards applicable to all conditional uses. This letter addressed the conditional review criteria in detail earlier in the application. Please refer to the section of conditional use review. '11 YA � 14• 4 This letter has addressed the submission and review requirements for a conditional use and accessory dwelling unit land use reviews. All of the standards and review criteria have been met. By providing an Accessory Dwelling Unit in Aspen in existing living area for a local working resident, the applicant will contribute to the goals and objectives of the Aspen Area Comprehensive Plan. The proposal will have negligible negative impacts, yet numerous benefits to the community. In order to facilitate your review of this application, the following attachments are included. Attachment 1: Site Improvement Survey for the Elden Property at 727 Bay Street, Aspen CO. (8 1/2" x 11" and 24" x 36") • Attachment 2: Elevations & Floor plans of the existing garage and living area to be converted to an ADU (8 1/2" x 11" and 24" x 3611); Attachment 3: Authorization letter from Richard Elden authorizing Davis Horn Inc. to submit this application and to represent Mr. Elden in the land use review process; Attachment 4: Legal description of the subject property; Attachment 5: Vicinity map locating the subject parcel within the City of Aspen; Attachment 6: Preapplication Conference Summary; Attachment 7: City of Aspen Land Use Application Form; Attachment 8: Signed Fee Agreement; Attachment 9: Proof of Ownership (title commitment and tax assessor's record of ownership); Attachment 10: List of adjacent property owners within 300 feet for public hearing; and Attachment 11: Proof of lot being created prior to 11-7-77. Please call if you have any questions or concerns or if we have inadvertently neglected to address any of your concerns. As we have discussed, by submitting this application on June 9, 1998, we understand that the application will be reviewed in accordance with the existing, soon to be old, Accessory Dwelling Unit provisions of the Land Use Code. Please advise us as soon as possible as to if you have determined that this application is complete so that we can proceed with the next step of the review process. Thank you for your assistance in the preparation of this application. Sincerely, DAVIS HORN INCORPORATED GLFM HORN AICP t ALICE DAVIS AICP it t9 Its- L IJ '�L V 1 L . LLI E ~ � � � tl► I ! I I W t I1 ATTACHMENT. 3 Richard Elden 2430 North Lakeview Avenue Chicago, Illinois 60614 June 4, 1998 Mr. Chris Bendon City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: Elden Accessory Dwelling Unit Application Dear Mr. Bendon: This letter authorizes Davis Horn Incorporated to prepare a land use application for an accessory dwelling unit for my property located at 727 Bay Street, Aspen. Davis Horn Incorporated may also represent me in the city land use approval process. Please contact me at 312-263-7522 if you have any questions. Sincerely, Richard Elden RE/ge i - Order.Number: 00024292 PARCEL As SCHEDULE A Eld e n Pr-(,'p6 r v 717 8a y 5-tr-e(-) 1� LEGAL DESCRIPTION ATTACFWElIT .,,,.q--- ' An undivided fifty percent (50%) interest in and to Lots 7, 8 and 91 Block 21 Oklahoma Flats Addition to the City of Aspen, together with an exclusive right to use the East Apartment Unit contained in the building located thereon as defined and described in the Declaration of Restrictions appearing in Book 297 at Page 664. PARCEL Bs An undivided fifty percent (50%) interest in and to Lots 7, 8 and 9, Block 2, Oklahoma Flats Addition to the City of Aspen, together with an exclusive right to use the West Apartment Unit contained in the building located thereon as defined and described in the Declaration of Restrictions appearing in Book 297 at Page 664. County of Pitkin, State of Colorado S7 ATTAOVM < t 't � s a LU /am �� L/' pL �� d• � � 1 � � ��PRt G HUMjE.r• �� P i R St '1 S. o UA N. t' W pui � 7 �i % ZP� LAKE Av'� a m MIS. GA S r � c� N St 41 3 0 5th CC '51 St 5C � � z ► � Z � 7M GREED Jam' CD g K7 7 t LE / AtrA i N OD : IZ F- N ATTACHMENT 1NER: _ _JJECT: REPRESENTATIVE: OWNER: TYPE OF APPLICATION: DESCRIPTION: CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY Chris Bendon, 920.507.2 one step Conditional Use for an ADU. Land Use Code Section(s) 26.60 Conditional Use Criteria 26.40.090 Accessory Dwelling Units DATE: 6.3.98 Review by: Staff for completeness; P&Z for ADU Public Hearing: Yes, Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15 days prior to the public hearing if any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency owns property within three hundred (300) feet of the property subject to the development application . Applicant will need to provide proof ofposting and mailing with a affidavit at the public hearing. Referral Agencies: Engineering, Housing, Parks, Fire Marshall, Water, ACSD, Building Planning Fees: Planning Flat Fee ($245) Referral Agency Fees: Engineering, Minor ($110); Housing Minor ($70) Total Deposit: $425 pply, submit the following information: Proof of. ownership. 2. 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 of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application. 6. 20_ Copies of the complete application packet and maps. HPC = 12; PZ = 10; 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. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 10. List of adjacent property owners within 300' for public hearing. 11. Copies of prior approvals. Proof of lot being created before 11.17.1977 D---claimer: 7oregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is Ject 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. LAND USE APPLICATION ATTACHMENT PROJECT: Name: Eiden A Location: APPLICANT: -;- Co nAr Ti 3✓1a, I UtSe-- (Indicate street address, lot & block number, legal description where appropriate) Name: R '� G V-�, rE 1 4 e n Address: H 30 Nlo r i k L" -.c A-v' en kt= C k.'Ct.( T 0: n04sC-C� Phone # : 3 I Z -), (, 3 - -7 S7 2..2_ REPRESENTATIVE: Name: nHorl, % -t 1 "C e L)Cc. o i S O v k S Horn -Trc . Address: 2 1 5 S • !`'1 on a rc /4C ® !3 Phone #: Z S — S 9 -7 TYPE OF APPLICATION: (please check all that apply): 0/ Conditional Use Conceptual PUD 7 Conceptual Historic Devt. Special Review Final PUD (& PUD Amendment) 0 Final Historic Development Design Review Appeal [ Conceptual SPA Minor Historic Devt. GMQS Allotment 0 Final SPA (& SPA Amendment) Historic Demolition GMQS Exemption [ Subdivision Historic Designation ESA - 8040 Greenline, Stream Subdivision Exemption (includes Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split Temporary Use [ Other: A Ov Lot Line Adjustment Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) /1VpC t v*n 2 CIJ0 2 rA C.r4A'z-T-ZD A LA Have you attached the following? FEESDUE: $ 24re-Application Conference Summary attachment #l, Signed Fee Agreement [ Response to Attachment #2, Dimensional Requirements Form 1�t Pr �-S (�t C �-S (�en� ° n Z''Response to Attachment #3, Minimum Submission Contents [' Response to Attachment #4, Specific Submission Contents [--'Response to Attachment #5, Review Standards for Your Application %3un-03-98 02:58P _. Edens fnr PMrMMtd g Qf'Aspft I)ev t�PmeutAP i on eee (PIS print a ) CITY OF ASPS �� - mod, Richard Elden R=inzi=-A-?FUCANT) AM= AS FOLLOWS: 1. APpLIC..*iT has z�m d to C= = op*adon for L_ i ai r t-rc o��•. (bmmk : r, Tim PROM Z'a. 2. APpUCANT bs�u «or isi usa aIIviicoz�szd ticsr�eaz oroc�ssin, is cou tiazt p ent to determiBgdoa vt" pix c . c:a iete rss. a`.th= 'oea=e of die size. :ir scope of e pivp = r=n zhc fail e"tt�::I of he 1:0= 1nvOi-vc to gTOc:: ssirlf it is not passible at t tirac tp isc� . 'pU� �, C 'f tnber � " d�L *� ; ,� •fie �a�eies .o allow the � �'ibi a � .r i� :� 1� tiJ.Lr APPLICANT �1�" 4o rn ,c �s. a or = �i 'ai deposit end �o they ^ per ; wit 4itio�i �os4.s Mo be u bifled to � ..PI'r :�` ' zt �:ron iy bz tea';za ��il c T one"aV -, gr cash liquidv and will mav /adc" ' Qu i Pw;m�� uvc�x� �oci�c�ou Q. : .h* �Cp=�'ji''�' Mimir�;� 7` YYY Li1cY asIris 'iYV , • U,W �h/i f •r V VM �� rmavemg its tuil coats to pra=� I7,a 0T "� e s +Z iv i==C cabie flax C= Fic�e A. pt'nc�suig or �r�setst su�ci��z nr'vzan. to �e �;�ai� �:ousmissioa anc`�ux C't-r ��uuc.i 10 mithe v� Comm lion =dlor .I tV council to make tcga, y rea d mac-=�'�9 eor project' �ovai4 t,�ni�ss c•, ou`c iitn evre rp. a in -4 prior: dzoisian. -���y 1Z Ll3mm.rhre, APPLICANT-'," �•Lr+'�'�+ zl i �v3mi' 'On 0Z "he - 1 3 W&'V- �'fi %�+�7 �.4iTi io coliact N1 tbes prior .q a d � . tmmn0tt of amiic tan compienemess• :�PL1C,- qT may as nitiai deposit in the uu� of `� which is for d of °� time, and if a,cl mcorded aostS exd the denQsit. +VFLIC LVN I' sb4 pair additfonal mantb.ly biUlnp to CM to mitab=e the Y �or the ProcMmmry ofto zPpiicnf0 meauoncd abaVe. =3uding post '+Qvei review_ Such peodic pay== shoil be made wittua --40 days of zhe'!~I cute; APPLICANT z= aq= the fall= to psy stuff cd cosh sbaU be gourds for =re=iOu of proccaing. ICY OF .BEN ---mot ..... tookr • .... R • clay 'ofAspen AIMICANT Date` June 4 r9 �' Richard Elden 2430 North Lakeview Avenue , Chicago, Illinois 60614 tb ' d 7Hl I dHD HOkGAS0;�19 wdtb;? : Ski eE; , co hinf Mine? I Twn? I Blk/Lot I Condo? I Mobile? I Sales? 17 R005311 N Owner Name/Addres ELDEN RICHARD & GAIL M 1 /2 IN Year District 333 W WACKER DR STE# 1600 1998 001 CHICAGO IL 60606-1226 Apr Dist St A Parcel Number MH Space Sequence 273707311002 Street No IDirT8161 Street Name Type 725 BAY ST Location City ion Zip Acct Type Lagt ASPEN T 1000 BACode lBusiness Name IMap No Administration Appraisal 1 Names 2 Situs Address 3 Mobile Home 4 Tract/Section 5 Condominiums 6 Block & Lot 7 Book & Page/Sales 8 Miscellaneous 9 Tax Items 10 Pre/Succeed r, oY� x( J 31259 Legal Description _ SUB:OKLAHOMA FLATS ADDITION BLK:2 LOT:7 & LOT:8 DESC: AND 9. BK:0664 PG:0706 BK:0775 PG:0632 ATTA Version IV, Dote lv.jime ID jAppl; - 1998042900I . W-APR=98 01:27 PM. : TNf AIMS Land Actual Land Assessed Land AC/SF 1,600,000 155800 0.000 Impry Actual Imp Assessed Square Feet 269,300 26�200 5796 Exempt Actual Exempt:Assess; ` : New;Version o a 499806080oo Total' Actual total Assess 1869;300 182000 T . A. Current Year Prior Version Go To Imaging X7- Prior Year Next Version Abatement -' T Next Year Clerk's Doc's R . Update Clear Exit X LEGALDATA SEQUENCEVERSTART' VEREND 1 11! 19980429001�?9999999999 STEWART TIME OF ASPEN, INC. A1TAG' BIT 620 East Hopkins Avenue Aspen, CO 81611 j Phone: (970) 925-3577 Fax: (970) 925-1384 April 28, 1998 ` Richard and Gail Elden 333 W. Wacker Dr., Suite 1600 Chicago, IL 60606-1226 Re: Order No. 00024292 Dear Mr. and Mrs. Elden, Stewart Title is pleased to provide you with your Title Insurance Policy. Please examine it carefully. Your original policy should be kept in a - safe place with your other real estate documents. Should you find any discrepancy or have any questions, please feel free to call our Title Department at (970) 925-3577, and refer to your Order Number referenced above. When you are ready to sell or refinance, remember that it is your decision as to which title company to use. You can save up to 50% on your next policy (if issued within five years of the date of this policy) by using Stewart Title again. We maintain a file on this property including your Title Policy and we will be able to provide you with prompt, efficient service should you have any other title insurance needs. Our staff is committed to superior service and customer satisfaction. Thank you for allowing us to be of service to you! Sincerely, WarliX a utous President Enc. ALTA OWNER'S POLICY - 10-17-92 POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. STEWART TITLE GUARANTY COMPANY .i .,"•ram: `4'P r Chairman of the Boa *4 Countersigned: Countersigned: *.ti,.•'rt TEXAS Author zed Countersi gnature Peter Delany STEWART TITLE OF ASPEN, INC. Agent M #06011A President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws; that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a iud¢ment or lien creditor. Serial No. 0-9701-34728 CONDITIONS AND STIPULATIONS I., DEFINITION OF TERMS. The following terms when used in this policy mean: ,(a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the insured, those who succced to the interest of the named insured by operation of law as distinguished from purchase including, but not .d to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (e) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a) (iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case I-wwledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as ed, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate .merest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure. to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceed- ing, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the ^ured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining esses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion ,,. the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. ALTA OWNER'S POLICY SCHEDULE A Order Number: 00024292 Policy No.: 0-9701-34728 Date`of Policy: April 15, 1998 at 4 :25 P.M. Amount of Insurance: $ 2,580,000.00 1. Name of Insured: RICHARD ELDEN AND GAIL M. ELDEN 2. The estate or interest in the land which is covered by this policy is: FEE SIMPLE 3. Title to the estate or interest in the land is vested in: RICHARD ELDEN AND GAIL M. ELDEN 4. Zhe land referred to in this policy is described as follows: See Attached Legal Description SCHEDULE A Order Number: 00024292 LEGAL DESCRIPTION PARCEL A: An undivided fifty percent (50%) interest in and to Lots 7, 8 and 9, Block 2, Oklahoma Flats Addition to the City of Aspen, together with an exclusive right to use the East Apartment Unit contained in the building located thereon as defined and described in the Declaration of Restrictions appearing in Book 297 at Page 664. PARCEL B: An undivided fifty percent (50%) interest in and to Lots 7, 8 and 9, Block 2, Oklahoma Flats Addition to the City of Aspen, together with an exclusive right to use the West Apartment Unit contained in the building located thereon as defined and described in the Declaration of Restrictions appearing in Book 297 at Page 664. County of Pitkin, State of Colorado ALTA OWNER'S POLICY SCHEDULE B Order Number: 00024292 Policy No.: 0-9701-34728 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and -any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof, water rights claims or title to water. 6. Taxes and Assessments for the year 1998, not yet due and payable, and subsequent years and any special assessments not yet certified on the tax rolls of Pitkin County. 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises as reserved in United States Patent, and any vein or lode or quartz or other rock in place bearing, gold, silver, cinnabar, lead, t1n, copper or other valuable deposits, which were claimed or known to exist on November 23, 1891, all as reserved in United States Patent recorded December 14, 1900 in Book 39 at Page 136. 8. Terms, conditions and obligations as set forth in stipulation recorded August 21, 1973 in Book 279 at Page 168. 9. Terms, covenants, conditions, easements, restrictions, uses, limitations and obligations as contained in Declaration of Restrictions, which also contained a Right of First Refusal, recorded April 4, 1975 in Book 297 at Page 664. 10. This policy does not insure title to land comprising the shores or bottoms of rivers and is subject to any build up or loss of property along Roaring Fork River, caused by the processes of accretion and reliction, or caused by man made changes in the flow of water or in the course of the river bank or river channel; also subject to the free and unobstructed flow of the water of said river, and recreational or other use thereof. 11. Right of way for the use and maintenance of the existing power lines running along the northerly boundary and crossing the northwest corner of the property, as shown on survey by Alpine Surveys Job No. 86-138, updated November, 1997. Continued on next page " Continuation of Schedule B - ALTA Owner's Policy Policy Number: 0-9701-34729 tWI)ORSEMENT FORM 110.1 (Rev. 5/95) ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER O- 9701-34728 ISSUED BY STEWART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY , Order No.: 00024292 Said Policy is hereby amended by deleting paragraphs 1 THROUGH 4 , inclusive, of Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to -the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Countersigned: AuthorizA Countersignature STEWART TITLE OF ASPEN, INC. Agent M #06011 A CEWART TITLE GUARANTY COMPANY A .• .t. tg.� LO�roA,� 'tom Mi 1908 •'o TfXAs Serial No. & 9851-40528 President CONDITIONS AND STIPULATIONS Continued S. F 'OF LOSS OR DAMAGE. ition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the toss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or dbligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to -Ja- (u) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (i), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. y. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of- (i) the Amount of Insurance stated in Schedule A; or, Q the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encum- brance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rats in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or ('u7 where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rats in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rats basis as if the amount of insurance under this policy was divided pro rats as to the value on Date of Policy o `•eparate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to ea .;cl by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. (continued and concluded on last page of this policy) (ALTA Owner's Policy) 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of uamarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damag( there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company, shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pry under any Policy insunn8 a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been losLor destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the Proportion which the Company's payment bears to the'whole amount of the loss.-. = : ' ; ' • : ' :. _. . If loss should result from any act of the insured claimant,as stated above; that act shall not void this policy, but the Company, in that event, shall be required only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured cL of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and r provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252-2029. ►STEwART 7l GUARANTY COMPANY ATTACHMENT io . State of Colorado ) ss County of Pitkin ) AFFIDAVIT OF JANET RACZAK I, JANET RACZAY, Afliant, being of lawful age and duly sworn upon my oath, do depose and state as follows: 1. On June 8, 1998, I went to the Pitkin County Assessor's Office to review the records of adjacent land owners who were to receive Notice for the Eldon Land Use Application, 2. On June 9, 1998) I accessed the Pitkin County Assessor's records via its Website at http://www.aspen.conVassessor/, and printed the information for each of the records identified as adjacent to the subject on the mapping provided by the Assessor's Office. 3. Based on my research in the Pitkin County Assessor's Office, the most current list was provided to Davis Horn, Inc. for submittal to Pitkin County Community Development Office. 4. I made a good faith effort to obtain an accurate list of the names and addresses of the land owners adjacent to Eldon' property located at 725 Bay Street, Aspen, Colorado. 5. The list also includes the Parcel ID numbers and Schedule numbers of the associated parcels (see Exhibit "A!'). 6. The submittal also includes a copy of the mapping obtained from the Assessor's Office on June 8, 1998 with written notes as to the owners of those parcels of record in the Assessor's computer records available on June 9, 1998 (see Exhibit. "B"). FU UBEI; , AFFIANT SAYETH NOT. et L. Raczak The foregoing instrument was acknowledged and signed before me this dayofhme, 1998 by Janet L.-Raczak. WITNESS my hand and official seal. My commission expires: 6��—w ($E L) N p'� NOTARY PUBLIC ATTACii EW I ELDON PROPERTY LIST OF PROPERTY OWNERS WITHIN 300 FEET OF SUBJECT PARCEL DRC Family Limited Partnership Parcel #273 7073 1001 1873 S. Bellaire St. #700 Schedule #5550 Denver CO 80222 James A. Morse Trust Parcel #27307310002 107 Sinclair Schedule #5420 Muskegan MI 49441 and Parcel #273707350001 Schedule #8629 Edward & Diana Van Deusen Family Trust Parcel #27370731004 233 N. Spring Street Schedule #8515 Aspen CO 81611 Ruth Hamilton Brown Parcel #273707308001 420 N. Spring Schedule #5380 Aspen CO 81611 Seymour Family Trust Parcel #273707373001 390 N. Spring Street Schedule #13164 Aspen CO 81611 Richard & Sue Volk Parcel #273707373002 2327 Mimosa Schedule #13165 Houston TX 77019 Howard & Pauline Mayer Parcel #273707307001 POB 333 Schedule #5438 Aspen CO 81612-0333 Gerald & Christine Goldstein Parcel #273707309003 POB 2045 Schedule #5368 Aspen CO 81612-2045 Branding Group Inc. Parcel #273707311005 POB 10637 Schedule #5419 Aspen CO 81612 Denice C. Reich Little River Rev. Trust Parcel #273 7073 11006 1873 S. Bellaire #700 Schedule #15104 Denver CO 80222 rTTAC(i ENT Gail M. Gross 2700 Post Oak Blvd, #1670 Houston TX 77056 Fraternal Order of Eagles 700 E. Bleeker Ave. Aspen CO 81611 John L. Lancaster III 901 Main St #6000 Dallas TX 75202 Higbie Family Trust c/o Joan Metcalf 729 E. Bleeker St. Aspen CO 81611 Jeffrey & Sandra Kallenberg 401 Market St., #500 Shreveport LA 71101 David Beckwith, Trust. c/o Foley & Lardner 777 E. Wisconsin Ave. Milwaukee WI 53202 City of Aspen Asset Manager for Newbury Park 130 S. Galena Street Aspen CO 81611 Parcel #273 707311001 Schedule #5310 Parcel #273707350803 Schedule #13952 Parcel #273707360007 Schedule #9818 Parcel #273707360008 Schedule #9819 Parcel #273707360005 Schedule #9820 Parcel #273 7073 60006 Schedule #9821 Parcel #273707350851 Schedule #Unknown O • rr 0 SLt 9^A 7 ell v ri%>'t t 4 . C �r'F1 L 1�-� A V t, \ �- �'�a�1{'; t . �►+ i PaCon HMENy\?+%.: al t!,';lrs'.'::, �t,.�"t+ ' i�•; —t^—_ CLin t O t ' 11 Ji71C1i t t t���i 1 �xy �i I t OC'C y � ( ter � .:;�s tfs 3t(i �'a � / ��• r� ~ �V In on / \ \ • ,,�• //TT r i ) y► t o �` � W ! i 1 i QC` � C p W 1 J 'r 4 o fit' trCL p r �/ • --�_ j1 ti ! Sd ,! 00 r , ff in ow on x 11 ^ it r f — O _ !1 1 1 II L.F C 1 / 1 O ! 1 �1 1 i ^• 1 IL Ily jS N 1! -- --A— 1 I ( 1 1 i• �! rr 40 1 r G 1 • &TTACHMENT 10 Insert List of Property Owners within 300 feet ATTACHMENT I I The subject site is located in Oklahoma Flats which was subdivided on August 14, 1896. E-7-- t Attachment 8 County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } SS. TO ASPEN LAND USE REGULATIONS State of Colorado } SECTION 26.52.060(E) `? l-t , being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.52.060(E) of the Aspen Municipal Code in the following manner: l . By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the _7day of ' 199 (which is iY days prior to the public hearing date of t?z q ). 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the day of , 199, to the day of 199 . (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. Cj"Itt X-, Si ature (Attach photograph here) Signed before me this I day of 199Y. by _: 3, 4-A fe,_ r & 0- Z4 A: WITNESS MY HAND AND OFFICIAL SEAL My Comm' n ex Tres: �?dd r Notary Public 6r •�,� �� ELDON PROPERTY LIST OF PROPERTY OWNERS WITHIN 300 FEET OF SUBJECT PARCEL Family Limited Partnership 3 S. Bellaire St. #700 LV1LV %A CO 80222 James A. Morse Trust 107 Sinclair Muskegan MI 49441 Edward & Diana Van Deusen Family Trust 233 N. Spring Street Aspen CO 81611 Ruth Hamilton Brown 420 N. Spring Aspen CO 81611 Seymour Family Trust 390 N. Spring Street Aspen CO 81611 Richard & Sue Volk 2327 IXmosa Houston TX 77019 Howard & Pauline Mayer POB 333 Aspen CO 81612-0333 Gerald & Christine Goldstein POB - 2045 Aspen CO 81612-2045 Branding Group Inc. POB 10637 Aspen CO 81612 Denice C. Reich Little River Rev. Trust 1873 S. Bellaire #700 Denver CO 80222 4'tTAGi1r1ENT,�� Parcel #273 7073 1001 Schedule #5550 Parcel #27307310002 Schedule #5420 and Parcel #273707350001 Schedule #8629 Parcel #27370731004 Schedule #8515 Parcel #273707308001 Schedule #5380 Parcel #273 7073 73 001 Schedule #13164 Parcel #273 7073 73 002 Schedule #13165 Parcel #273707307001 Schedule #5438 Parcel #273707309003 Schedule #5368 Parcel #273707311005 Schedule #5419 Parcel 9273707311006 Schedule #15104 r�TTACHMENT IGail M. Gross 2700 Post Oak Blvd, # 1670 Houston TX 77056 Fraternal Order of Eagles 700 E. Bleeker Ave. Aspen CO 81611 John L. Lancaster III 901 Main St #6000 Dallas TX 75202 Higbie Family Trust c/o Joan Metcalf 729 E. Bleeker St. Aspen CO 81611 Jeffrey & Sandra Kallenberg 401 Market St., #500 Shreveport LA 71101 David Beckwith, Trust c/o Foley & Lardner 777 E. Wisconsin Ave. Milwaukee WI 53202 City of Aspen Asset Manager for Newbury Park 130 S. Galena Street Aspen CO 81611 Parcel #273707311001 Schedule #5310 Parcel #273707350803 Schedule #13952 Parcel #273707360007 Schedule #9818 Parcel #273707360008 Schedule #9819 Parcel #273 7073 60005 Schedule #9820 Parcel #273707360006 Schedule #9821 Parcel #273707350851 Schedule #Unknown AFFIDAVIT OF PUBLIC NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL (Pursuant to Section 26.52.060 (E) of the Aspen Land Use Regulations) State of Colorado) SS. City of Aspen ) The undersigned, being duly sworn, deposes and says as follows: I, Glenn Horn, personally, certify that Public Notice of the application for the Elden Duplex Conditional Use for ADU Review was given by posting notice containing the information required in Section 26.52.060 (E), which posting occurred on July 10, 1998 in a conspicuous place (as it could be seen from the nearest public way) and that said sign was posted. By Glenn" Horn The foregoing Affidavit of Public Notice was acknowledged and signed before me this' day of July=21, 1998. WITNESS my hand and official seal. My commission expires: (SE NOTARY PUBLIC ' Zoo goO )VO TE•i \4p LO ; Pa 46 '114IF PUbUew' HU DATE-2i. TIME -a-! 10, APPLICANT: RICHARD ELDEN, REPRESENTED BY GLENN HORN LOCATION: 727 BAY STREET ACTION: CONDITIONAL USE FOR AN ADU Standards Applicable to all Conditional Uses The conditional use is consistent with the purposes, goals, objectives, and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations, and odor on surrounding properties. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. Accessory Dwelling Units: Accessory dwelling units shall contain not less than three -hundred square feet and no more than seven -hundred square feet of net livable area. The units shall be deed restricted, meeting the Housing Authority's guidelines for resident occupied units and shall be limited to rental periods of not less than six months in duration. Owners of the principle residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. One parking space shall be provided on -site for each studio unit, and for each bedroom within a one or two bedroom accessory dwelling unit. An attached accessory dwelling unit shall be subject to all other dimensional requirements of the -underlying zone district. A detached accessory dwelling unit shall only be permitted on parcels that have secondary and/or alley access, exempting parcels with existing structures to be converted to detached accessory dwelling units, detached garages or carports where an accessory dwelling unit is proposed above, attached to, or contained within such detached garage or carport. Detached accessory dwelling units are prohibited within the R-15B zone district. An attached accessory dwelling unit shall utilize alley access to the extent practical. Development Review Standards: The proposed development is compatible and subordinate in character with the primary residence located on the property and with the development located within the neighborhood, and assuming year -around occupancy, shall not create a density pattern inconsistent with.the established neighborhood. Where the proposed development varies from the dimensional requirements of the underlying zone district, the P & Z shall find that the variation is more compatible in character with the primary residence than the development in accord with dimensional requirements. The P & Z and the HPC may exempt existing nonconforming structures, being converted to a detached accessory dwelling unit, from the requirement immediately above, provided that the nonconformity is not increased. Conditional use review shall be granted pursuant to Section 26.60.040 standards applicable to all conditional uses. MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Stan Clauson, Community Development Director; FROM: Christopher Eendon, Planner RE: Simpson Conditional Use for an Accessory Dwelling Unit (ADU) and Design Waivers, 940 East Hyman Avenue -- Public Hearing DATE: July 21, 1998 SUMMARY: Sunni Simpson of Hyman Street L.L.C., owner, has applied for Conditional Use approval for and Accessory Dwelling Unit and variances to the Residential Design Standards for a proposed single-family residence at 940 East Hyman Avenue. The property is a 3,000 square foot lot located mid -block on the north side of Hyman Avenue between a house on the historic inventory and a multi -family building. The applicant is seeking design waivers for volume, primary mass, and inflection. The volume standard refers to windows between 9 and 12 feet above finished floors and penalizes the calculation of Floor Area for those elements. The primary mass standard refers to extent a structure is "broken -up" into smaller components. If a structure has a primary mass (of 70% or more of the total structure) then that element is also penalized in the calculation of Floor Area. The inflection standard seeks to protect the scale and massing relationship between adjacent buildings. New development which is next to a single -story structure must inflect, or "step-down," along that common boundary where the one-story element exists. Staff is recommending the Commission not vary these standards for this proj ect. The proposed 360 square foot ADU is located below the garage with an entrance from the alley. Parking for the ADU has not been located on -site. Staff has included approval conditions to ensure compliance with the ADU provisions, including parking. If, however, the applicant cannot demonstrate how on -site parking would be provided for the unit, staff suggests the Commission deny the Conditional Use. staff encourages Commission members to visit the site prior to the hearing. Staff recommends the Planning and Zoning Commission approve the Conditional Use for an ADU at the Simpson Residence, with conditions, and deny the request to vary the Residential Design Standards. APPLICANT: Hyman Street L.L.C., owner. Represented by Ryan Hoffner, Charles Cunniffe Architects. LOCATION: 940 East Hyman Avenue. ZONING: Residential Multi -Family (R-MF) LOT SIZE: 3,000 square feet LOT AREA (FOR PURPOSES OF FAR CALCULATION): 3,000 square feet as represented by applicant. The yard easement does not reduce the Lot Area FAR: 2,400 square feet. CURRENT AND PROPOSED LAND USE: Single -Family residence. PREVIOUS ACTION: The Commission has not previously considered this application. REVIE'V PROCEDURE: Conditional Use. The Commission shall approve, approve with conditions, or disapprove the application at a public hearing. Residential Design Appeals. The Design Review Appeal Committee (DRAG), or any other board for which land use approval is required, shall approve, approve with conditions, or disapprove the application at a public hearing. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "A." Agency referral comments have been included as Exhibit "B." The application has been included as Exhibit "C." RECOMMENDATION: Staff recommends approval of the Conditional Use for an Accessory Dwelling Unit at the Simpson Residence, 940 East Hyman Avenue, with the following conditions: 1. Prior to the issuance of any building permits, the building plans shall reflect: 2 a) that the proposed ADU is labeled as such and meets the definition of an Accessory Dwelling Unit. b) that the primary residence and the ADU both be able to function as separate residential units. Each shall have an entrance and access to individual mechanical equipment for the respective unit. c) that the ADU will contain a kitchen (having a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer) and a bathroom. d) that there is a signed and recorded ADU deed restriction on the property, a form for which may be obtained from the Housing Office. The deed restriction shall be noted on the building permit plans. e) that the ADU has the minimum one (1) off-street parking space of standard size (18' x 8.5') provided. The ADU parking space must have clear access and cannot be stacked with a space for the primary residence. f) that the ADU meets all applicable UBC requirements for light and air. 1. Prior to issuance of a building permit, the applicant shall provide a current Site Improvement Survey signed by a registered Land Surveyor. 2. Prior to issuance of a building permit, the applicant shall submit a drainage report and a drainage plan, including a erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on -site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2 year storm frequency should be used in designing any drainage improvements. 3. Prior to issuance of a building permit, the permit plans shall demonstrate compliance with the R-MF Zone District requirements including, but not limited to, the requirement for 35% Open Space, as defined in the Land Use Code. 4. Prior to issuance of a building permit, the permit plans shall show compliance with all aspects of the Residential Design Standards including FAR penalties for "primary mass" and "volume." A one-story element shall be provided 12 feet wide and as far back as the adjacent building is one-story to meet the "inflection" standard. 5. Prior to issuance of a building permit, the permit plans shall delineate the location of the five (5) foot wide sidewalk and roll curb along the Hyman Avenue length of the property to be constructed by the applicant. Both of these improvements shall be completed prior to issuance of a Certificate of Occupancy. 6. Prior to issuance of a Certificate of Occupancy, the applicant shall repair the alley as necessary with a 4" thick asphalt patch. 7. Prior to issuance of a building permit, the applicant shall complete and record an agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. 8. All utility meters, and any new or relocated utility pedestals or transformers must be installed on the applicant's property and not in any public right-of-way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Revisions to utility locations and easements must be delineated on a revised site improvement survey prior to issuance of a certificate of occupancy. Meter locations must be accessible for reading and may not be obstructed. 3 9. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees. 10. The applicant shall limit construction to the hours between 8 a.m. to 6 p.m. The applicant shall inform the contractor of this condition. 11. All construction vehicles, materials, and debris shall be maintained on -site and not within public rights -of -way unless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the 2 hour residential parking limitation of the area. The applicant shall inform the contractor of this condition. 12. The applicant must receive approval for any work within public rights -of -way from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 13. Before issuance of a building permit, the applicant shall record this Planning and Zoning Commission Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 14. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the Conditional Use for an Accessory Dwelling Unit at the Simpson Residence, 940 East Hyman Avenue, with the conditions outlined in the Community Development Department memo dated July 21, 1998." ALTERNATE MOTION: "I move to deny the Conditional Use for an Accessory Dwelling Unit at the Simpson Residence because the applicant cannot demonstrate adequate parking for the use and move to deny the request to vary the Residential Design Standards for this project." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Referral Agency Comments Exhibit C -- Development Application F. Exhibit A STAFF COMMENTS: ADU Section 26.60.040, Standards Applicable to all Conditional Uses (A) The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. Staff Finding: An Accessory Dwelling Unit with no mandatory occupancy deed restriction is consistent with the purposes, goals, objectives, and standards of the Aspen Area Community Plan and qualifies as an exemption from Growth Management. Accessory Dwelling Units are a conditional use in the R-MF Zone District. (B) The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Staff Finding: The surrounding land uses are mixed single- and multi -family residential.. There are existing ADUs in the immediate area. Staff believes this conditional use is compatible with the surrounding land uses. (C) The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Staff Finding: The proposed ADU has no proposed parking space. The applicant has suggested a space could be available in the alley. This space, however, would be stacked with the primary residence's and only 10' deep - not large enough for an auto. The proposed ADU is below -grade and must meet UBC requirements for light and air. The proposed ADU does not appear to be able to function as separate residential unit. The mechanical room is only accessible from the primary residence. The Commission should require the unit to be able to function individually and separately from the primary residence. (D) There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Staff Finding: Park fees are payable at building permit. Infrastructure capacity is sufficient for this development and utilities are available. The applicant will need to complete a tap permit for sanitation service and is subject to connection fees. Staff Comments page 1 (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Staff Finding: The conditional use mitigates itself. (F) The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. Staff Finding: The unit does not have parking. The Commission should require parking or deny the use if parking cannot be made available. The applicant is seeking waivers from the Residential Design Standards. Staff has reviewed these requests below. Section 26.40.090, Accessory Dwelling Units A. General Provisions 1) Accessory Dwelling units shall contain not less than three -hundred (300) square feet and no more than seven -hundred (700) square feet of net livable area. The unit shall be deed restricted, meeting the Housing Authority's guidelines for resident occupied units and shall be limited to rental periods of not less than six (6) months in duration. Owners of the principle residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. One (1) parking space shall be provided on -site for each studio unit, and for each bedroom within a one or two -bedroom accessory dwelling unit. Staff Finding: The proposed ADU is 360 square feet. The applicant will be required to file a deed . restriction on the unit prior to building permit. 2) An attached accessory dwelling unit shall be subject to all other dimensional requirements of the underlying zone district. Staff Finding: The applicant's permit plans will be reviewed with respect to the R-MF Zone District. The Zone requires 35% Open Space as open to view from the street. The plans may need to be adjusted to meet this provision of the zoning. 3) A detached accessory dwelling unit shall only be permitted on parcels that have secondary and/or alley access, exempting parcels with existing structures to be converted to detached accessory dwelling units, detached garages or carports where an accessory dwelling unit is proposed above, attached to, or contained within such detached garage or carport. Detached accessory dwelling units are prohibited within the R-15B zone district. Staff Finding: The ADU is proposed as an attached unit. 4) An attached accessory dwelling unit shall utilize alley access to the extent practical. Staff Finding: This application uses the alley appropriately.. Staff Comments page 2 A. Development Review Standards. 1) The proposed development is compatible and subordinate in character with the primary residence located on the property and with the development located within the neighborhood, and assuming year -around occupancy, shall not create a density pattern inconsistent with the established neighborhood. Staff Finding: , The ADU is subordinate in character and is not expected to create a density problem. The ADU, however, should be provided with an off-street parking space to meet this density standard. 2) Where the proposed development varies from the dimensional requirements of the underlying zone district, the Planning and Zoning Commission shall find that such variation is more compatible in character with the primary residence than the development in accord with dimensional requirements. The following dimensional requirements may be varied: a. Minimum front and rear yard setbacks b. Minimum distance between buildings on the lot. c. Maximum allowed floor area may be exceeded up to the bonus allowed for accessory dwelling units. d. The side yard setback shall be a minimum of three feet. e. The maximum height limits for detached accessory dwelling units in the R-6 zone district may be varied at the rear one-third (1/3) of the parcel, however, the maximum height of the structure shall not exceed eighteen (18) feet. On Landmark Designated parcels and within the Historic Overlay District the HPC shall have the ability to make height variations. f. Maximum allowable site coverage may be varied up to a maximum of five (5) percent, on Landmark Designated Parcels and within an Historic Overlay District the HPC shall have the ability to make such site coverage variations. g. In the case where the proposed detached accessory dwelling unit is located on'a Landmark Designated Parcel or within an Historic Overlay District only HPC may make dimensional variations pursuant to the standards of Section 26.40.070(B) Staff Finding. The applicant is not requesting any variations to the dimensional requirements. Parking standards may not be varied for ADUs. 3) The Planning and Zoning Commission and the Historic Preservation Committee may exempt existing nonconforming structures, being converted to a detached accessory dwelling unit, from 26.40.070(B)(2)(a-g) provided that the nonconformity is not increased. Staff Finding. Not applicable. 4) Conditional use review shall be granted, pursuant to Section 26.60.040 Standards applicable to all conditional uses. Staff Finding: Refer to Staff Comments for Conditional Use review. C. Bandit Units. Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to November 1, 1988, and which complies with the requirements of this section may be legalized as Staff Comments page 3 an accessory dwelling unit, if it shall meet the health and safety requirements of the Uniform Building Code, as determined by the Chief Building Official. Staff Finding: Does not apply. D. GMQS/ Replacement Housing Credits. Accessory dwelling units shall not be used to obtain points in the affordable housing category of the Growth Management Quota System (GMQS). Only those units meeting the housing size, type, income and occupancy guidelines of approval of the housing designee and the standards of Section 26.100.090 may be used to obtain points in the affordable housing category. Accessory dwelling units also may not be used to meet the requirements of Title 20 of the Municipal Code of the City of Aspen, Colorado, "Residential Multi -Family Housing Replacement Program." Staff Finding: Does not apply. _ E. FAR for Accessory Dwelling Units. For the purposes of calculating floor area ratio and allowable floor area for a lot whose principle use is residential, the following shall apply: the allowable floor area for an above -grade attached accessory dwelling unit shall be excluded to a maximum of three -hundred -fifty (350) square feet of allowable floor area or fifty (50) percent of the size of the accessory dwelling unit, whichever is less. This floor area exclusion provision only applies to accessory dwelling units which are subject to review and approval by the Planning and Zoning Commission pursuant to conditional use review and approval, Section 26.60.030 of this code, and the units must be deed restricted, registered with the housing office, and available for rental to an eligible working resident of Pitkin County. The owner retains the right to select the renter for the unit. An Accessory Dwelling Unit separated from a principal structure by a distance of no less than ten (10) feet with a maximum footprint of four hundred fifty (45) square feet, shall be calculated at fifty (50) percent of the allowable floor area up to seven hundred (700) square feet of Floor Area. Any element linking the principal structure to the accessory structure may be no more than one (1) story tall, six (6) feet wide, and ten (10) feet long. Staff Finding: The unit does not qualify for a Floor Area exemption and the applicant is not requesting a Floor Area bonus. STAFF COMMENTS: Residential Design Standards WINDOWS (VOLUME: The applicant's proposed development is subject to a FAR penalty with the following Residential Design Standard: All areas with an exterior expression of a plate height greater than 10 feet shall be counted as 2 square feet for each I square foot of floor area. Exterior expressions shall be defined as facade penetration between 9 and 12 feet above floor level and circular, semi -circular, or non -orthogonal fenestration between 9 and 1 5 feet above floor level. In response to the review criteria for a DRAC variance, Staff makes the following findings: a) in greater compliance with the goals of the AACP; or, Staff Finding: Staff Comments page 4 The proposed variance is not in greater compliance with the goals of the Community Plan. The Residential Design Standards are a direct outcome of the AACP. b) a more effective method of addressing standard in question; or, Staff Finding: The design is not more effective than the standard. The standards specifically says no windows in this area unless the house size is reduced by the Floor Area penalty. The applicant has proposed the windows to provide relief from the mass of the building. Staff believes the best way to accomplish this would be the break-up the mass of the building itself. c) clearly necessary for reasons of fairness related to unusual site specific constraints. Staff Finding: There are no site specific constraints for this property which necessitate larger windows, or windows above 9 feet. The site is flat, buildable, within the grid, and within a developed neighborhood. There does not appear to be any constraints to the site. PRIMARY MASS: The applicant's proposed development is subject to a FAR penalty with the following Residential Design Standard: Primary Mass. A primary mass is a building volume for which two (2) of the following characteristics do not vary: plate height, ridge height, wall plane. The floor area of a primary mass in excess of seventy (70) percent of total allowable floor area shall be multiplied by 1.25. Incidental exterior features that break a roof or wall plane such as dormers or bay windows are not considered as changing a plate height, ridge height or wall plane. In response to the review criteria for a DRAC variance, Staff makes the following findings: a) in greater compliance with the goals of the AACP; or, Staff Finding: The proposed variance is not in greater compliance with the goals of the Community Plan. The Residential Design Standards are a direct outcome of the AACP. b) a more effective method of addressing standard in question; or, Staff Finding: The applicant has not provided a more effective method for this standard. The Standard allows for this type of development, but at a smaller scale after an FAR reduction. Furthermore, to provide relief of this affect, the applicant has proposed windows which also need a variance. c) clearly necessary for reasons of fairness related to unusual site specific constraints. Staff Comments page 5 Staff Finding: There are no site specific constraints for this property which necessitate a primary mass. This mass should simply be broken -up. - INFLECTION The applicant's proposed development is not in compliance with the following Residential Design Standard: Inflection. If the street frontage of an adjacent structure is one (1) story in height for a distance more than twelve (12) feet on the side facing a proposed building, then the adjacent portion of the proposed building must also be one (1) story in height for a distance of twelve (12) feet. If the adjacent structures on both sides of a proposed building are one (1) story in height, the required one (1) story volume of the proposed building may be on one (1) sidi only. If a proposed building occupies a corner lot, and faces an adjacent one (1) story structure, the required one (1) story element may be reversed to face the corner. Staff has consistently applied this the mean a 12 wide element for the distance along the lot line where the adjacent on- story element exists. In response to the review criteria for a DRAC variance, Staff makes the following findings: a) in greater compliance with the goals of the AACP; or, Staff Finding: The proposed variance is not in greater compliance with the goals of the Community Plan. b) a more effective method of addressing standard in question; or., Staff Finding: The design is not more effective than the standard. The standard specifically protects the residential scale and massing of the towns neighborhoods and protects one story houses from being "buried" by adjacent development. c) clearly necessary for reasons of fairness related to unusual site specific constraints. Staff Finding: Again, there is nothing drastically unusual about this site. The property is, however, only 3,000 square feet. Staff does not believe this is a fairness issue which dictates an inappropriate treatment of the adjacent structure. Commission members may want to visit the site prior to the hearing. Staff Comments page 6 aX. ED To: Chris Bendon, Project Planner Thru: Nick Adeh, City Engineer Q From: Ross C. Soderstrom, Project Engineerj�� Y . Date: June 16, 1998 Re: Simpson ADU Conditional Use Review Physical Address: 940 E. Hyman Avenue, City of Aspen, CO Legal Description: Lot 0, Block 32, Aspen Original Townsite, City of Aspen, CO [Sec. 18, TIOS, R84W] Parcel ID No.: xxxx-xxx-xx-xxx After reviewing the above referenced application and making a site visit, I am reporting the combined comments made by the members of the DRC: 1. Changes in Conditions: If the proposed use, density, or timing of construction of the project change, or the site, grading, drainage, parking or utility plans for this project change subsequent to .this review, a complete set of the revised plans shall be provided to the Engineering Dept. for review and re- evaluation. The discussion and recommendations given in this memorandum apply to the application and plans (dated June 3, 1998) provided for this review and such comments and recommendations may change in response to changes in the use, density, or timing of the construction of the project, or changes in the site, grading, drainage, parking or utility designs. 2. Application and Improvement Survey: The application lacks an Improvement S»g� site plan and complete title commitment. The review comments are conditioned upon the incomplete information provided in the application packet. The application does not address the disposition of the (side) yard easement with respect to the proposed re- development of this property although this will need to be resolved. The applicant will need to provide a complete, current Improvement Survey by a currently licensed Colorado land surveyor with the building permit application. Conditions not accurately nor thoroughly represented in the application may result in subsequent changes to the site plan and building to fulfill City standards. The applicant will be required to complete the standard requirements and conditions associated with the form(s) of development requested in the application. 1 OF 3 DRCM1698.DOC Memo - Simpson - Conditional Use Review for an ADU 3. Changes in Conditions: If the proposed use, densotriig o construction of e project change, or the site, grading, drainage, parkvr- at ty plans for this project change subsequent to this review, a complete set of the revi ftn shall be provided to the Engineering Dept. for review and re- evaluation. The discussion ecommendations given in this memorandum apply to the application and plans (received A 088) provided for this review and such comments and recommendations may change in r nse to changes in the use, density, or timing of the construction of the project, or changes in the si , grading, drainage, parking or utility designs. 4. Utility Services, Trash and Recycling Areas: The service pedestals abutting the north property line may need to be altered or relocated in order to access the stairway along the westerly side of the garage. If these are relocated the property owner will need to provide an accessible, serviceable easement within the property for these pedestals. The application materials do not indicate proposed utility service locations however, utility service connection points, meters, cabinets, etc., need to be accessible to service personnel in the completed project and not obstructed by garbage or recycling containers, other structures or landscaping. All existing and any new easements for utilities shall be shown on the final improvement plans submitted for the building permit. 5. Site Drainage: The new development cannot release more than historic (pre -development) storm run-off flows from the site. Released run-off must be in non -concentrated discharge and any increase in historic storm run-off flows must be first routed and detained on the site. A drainage report and drainage plan (including erosion and sedimentation control measures) completed and stamped by a Colorado licensed civil engineer will be required for the project to accommodate the drainage flows originating from the site. Precipitation intensity curves for a two year (2 yr.) storm frequency should be used in designing the drainage improvements. If a ground injection or re -charge type drainage system is proposed, the percolation rate of the soils will need to be measured and reported in a geotechnical report, and included as the basis for sizing the infiltration field. The drainage report and plan, and the geotechnical report, if any, will be included with the plan set submitted for the building permit application. 6. Driveways & Parking Area: The application does not provide an identified parking space for the U within the property boundaries. A parking space meeting the dimensional requirements and lying entirely within the property boundaries must be shown in the site plan submitted with the building permit plan set. While the existing back yard of the property is approximately 2 ft above the grade in the alley, the slope of the proposed driveway may not exceed 12% between the alley and garage nor may the paved alley be re -graded. Any disturbance of the pavement in the alley will be repaired by sawcutting 1 ft beyond each side of the disturbed area to square out the patch area which will receive a 4 inch asphalt patch. 7. Tree Permit: A tree permit is required for trees to be relocated on the property. P__- 2 OF 3 DRCM 1698. DOC Memo - Simpson - Conditional Use Review for an ADU 8. Sidewalk, Curb & Gutter: The sidewalk alignment will be shown on the site p,_�Ian submitted with the building permit application. The property owner shall construct a standard five 5 ft1de sidewalk along the E. Hyman Avenue frontage prior to issuance of a Certificate of Occupancy. The section of curb with a depressed curb head (former driveway, approximately 25 ft) will be replaced with a- roll curb matching the adjoining curbs on the street prior to issuance of the Certificate of Occupancy. 9. ,.•Improvement Districts:. The property owner is required to join any future improvement districts formed for the purpose of constructing public improvements which benefit the property under an assessment formula. The agreement would be executed and recorded prior to the issuance of a building permit. 10. As-Builts: Prior to C.O. issuance the building permit applicant will be required to submit to the Aspen/Pitkin.County Information Services Dept. as-builts drawings for the project showing the property lines, building footprint, easements, encroachments, entry points for utilities entering the property boundaries and any other improvements. 11. rWork in the Public Rights -of -Way: Given the continuous problems of unapproved work and development in public rights -of -way and easements, we advise the applicant as follows: The applicant must receive approval from: City Engineering (920-5080) for design of improvements, including landscaping and grading, within public rights -of -way; Parks Department (920-5120) for vegetation species and placement, and irrigation systems; Streets Department (920-5130) for mailboxes, street and alley cuts; and shall obtain permits for any work or development, including landscaping, within public rights -of -way from the City Community Development Department (920-5090). DRC Meeting Attendees: Applicant: none Staff & Referral Agencies: Chris Bendon, Ross Soderstrom, Jack Reid, Bill Earley, John Krueger, Steve Ellsperman, Lonnie Whitmire, Bob Nevins, Patrick Duffield, Mitch Haas, Nick Adeh 3 OF 3 DRCM1698.DOC ,pen Conso�o%zfeo`c��znlfQflon �IS[r7& 565 North Mill Street Aspen, Colorado 81611 Tele. (970) 925-3601 FAX #(970) 925-2537 Sy Kelly - Chairman Paul Smith • Treas. Louis Popish • Secy. June 11, 1998 Chris Bendon Community Development 130 S . Galena Aspen, CO 81611 Re: Simpson ADU Dear Chris: Michael Kelly Frank Loushin Bruce Matherly, -vlgr. The Simpson residence is currently served by the District. Service can be provided for the proposed ADU once a tap permit is completed at our office. Detailed plans for the unit will be needed. to complete a tap permit. We would request that the total connection charges be paid prior to the issuance of a building permit. As usual, service is contingent upon compliance with the District's rules, regulations and specifications which are on file at the District office. Please call if you have any questions. Sincerely, Bruce Matherly District Manager EPA Awards of Excellence 1976 • 1986 • 1990 Regional and National JUN 11 ' 99 09 : 25AM ASPEN HOUSING OFC P.1 MEMORANDUM TOO. Chris Bendon, Community Development Dept. FROM: Cindy Christensen, Housing. Office CRATE: May 7, 1998 RE: Simpson ACLU Conditional Use — 940 East Hyman Avenue Lot 0, Block 32, East Aspen Addition, Parcel ID No. REQThe applicant is requesting approval for an accessory dwelling unit to be located below an attached garage. 13AC ffDMW: According to Section 26,40.090, Accessory Dwelling t1nits, a unit shall contain not less then 300 square feet of net livable area and not more than 700 square feet of net livable area. ISSUES: , When the Housing moire reviews plans for are accessory dwelling unit, there are particular areas that are given special attention. They are as follows: i . The unit must be a totally private unt, which means the unit must have a private entrance and there shall be no other moats In this unit that need to be utilized by the individuals in the principal residence; i.e., a mechanical roorri for the principal residences. 2. The kjjqhea includes a minimum of ,a two -turner stove with oven, standard sink, and a 6- cubic foot refrigeriator plus freezer. 3. The unit is required to have a certain percentage of natural light into the unit; i.e., Wndows, sliding glass door, window wells, etc., especially if the unit is located below grade. The Uniform BuiWing Code requires that 10% of the floor area of a unit needs, to have natural light.. Natural light d fined as light which is dear and open to the sky. 4. Should the unit be used to obtain an FAR bonus, the unit MUST be rented to a qualified employee. 5. A deed restriction MUST be recorded PRIOR to building permit approval. The deed restriction shall be opined from the Hauling Office. The Housing twice prefers units above grade, but as long as conditions 1 through 5, stated above, are met, the Housing office recommends approval. %referramima adu PROJECT: LAND USE APPLICATION Name: s rt ��sori ESQ uE �-) G t Location: 6. H fMA)-4LDr v Lo6 K 3 2. 5^:5 ^SPE'1-4 A A )o P46 -A G (Indicate street address, lot & block number, legal description where appropriate) APPLICANT: Name: W(MAH sT L. L. C., Address: ajwo 6^5 i HYi- ^H .emuE. Phone #: .5- y y - b G -7 s- REPRESENTATIVE: Name: GNP��.LE� Gt�lMht)PFc �TLGMiT��rs IZ%Fl MoNE�z- Address: SLo E HYr 1A,H A.-/45- 6 "1 7 E S61 Phone #: -1 ZS- sw,--7 o TYPE OF APPLICATION: (T)lease check all that apply): Conditional Use ® Conceptual PUD Conceptual Historic Devt. Special Review Final PUD (& PUD Amendment) Final Historic Development Design Review Appeal Conceptual SPA Minor Historic Devt. GMQS Allotment Final SPA.(& SPA Amendment) Historic Demolition GMQS Exemption Subdivision Historic Designation ESA - 8040 Greenline, Stream Subdivision Exemption (includes Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split Temporary Use Other: Lot Line Adjustment Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) S1P46-7 1-If L,�cC-r��ti1� FPS t�c'l-�T PROPOSAL: (description of proposed buildings, uses, modifications, etc.) � I N C� LE Fit t-t t C.Y fLES! �7Et-I GE" �✓f ��`t' �`t L-, � I-1 i 7 ,�7T,�k G t1 � )� /� !J U1 Have you attached the following? FEES DUE: 0 Pre -Application Conference Summary Q Attachment #l, Signed Fee Agreement Response to Attachment #2, Dimensional Requirements Form [' Response to Attachment 93, Minimum Submission Contents Response to Attachment #4, Specific Submission Contents [ Response to Attachment #5, Review Standards for Your Application ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: <_,npS.or-1 2.CSj0ZN-, Z Applicant: HYMAH sr L.L.L. Location:140 E . MYnAH AVE. Zone District: TL _ M F Lot Size: 30' x 1,0 v ' Lot Area: Zt76S" .S.F. (3oao�,r Z3S5f YALO EASEMEM i ) (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: I Proposed: 1 Au_< A.D.A. Number of bedrooms: Existing: 3 Proposed: 3 Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: 1,44 D Allowable: Z,joo Proposed.- _ Principal bldg. height: Existing: 1-7' 4" Allowable: ?t.5'�o" Proposed: Z '- )64 Access. bldg. height: Existing: N/A Allowable.- N Proposed: NA On -Site parking: Existing: D Required: 3 Proposed. 3 % Site coverage: Existing: ' o LS' Required.•s-, Proposed.• 1,75� % Open Space: Existing: Required: 1 0-To Proposed: l ZL q 6 Front Setback: Existing: ZOr Required: ly' Proposed: 1 D' Rear Setback: Existing: l o' Required: ) D' Proposed: l D' Combined F/R.: Existing: La' Required: Zo Proposed: Zo' • Side Setback: Existing: 5' Required: S' Proposed: .S' Side Setback: Existing: S k Required: 3' Proposed: .5' Combined Sides: Existing: I D` Required: 1 D' Proposed: 1 O' Existing non -conformities or encroachments: Variations requested: CHARLES CUNNIFFE ARCHITECTS 520 E. HYMAN SUITE 301 ASPEN, CO 81611 PHONE (970) 925-5590 FAX (970) 925-5076 MEMORANDUM TO: Design Review Appeals Committee FROM: Ryan Hoffner DATE: 6-3 -98 PROJECT: Simpson Residence JOB NO.: 9759 REGARDING: Variance to Volume Standard CIA ARCHITECTURE PLANNING INTERIORS The Applicant, Hyman St. L.L.C., hereby request a variance to the volume standard as stated in chapter 26.58.040 of the Aspen Land Use Code. The Simpson Residence, located at 940 E. Hyman, now to be referred to as The Project, requests a variance to the Residential Design Standards concerning the use of facade penetrations between nine (9) and twelve (12) feet above the finished floor. The fenestration's in violation are small 1'-6" x 1'-6" and 2'-6" x 2'-6"square windows. We feel that the presence of these small windows do not compromise the intended goals of the Residential Design Standards. They do not increase the scale or volume of the building but rather break up the solid wall mass. These penetrations are necessary to provide natural light into the interior vaulted spaces. In addition these small windows add relief and texture the exterior without compromising the mass of the building. The Project appropriately addresses and/or exceeds the majority of the Residential Desigr. Standards as well as zone requirements. The covered entry porch is 188 square feet as opposed to the required minimum of 50 square feet. The one story roof element, which is the full width of the street fagade, is also a positive addition to the scale of the established neighborhood. The building is also well below the imposed height limit for the zone. These standards clearly exceed and/or add to the pedestrian scale of the neighborhood, a primary goal of the Residential Design Standards. With design and size considerations of the window's in violation as well as the conscious attempt to maintain the character and scale of The Project, The Applicant wishes to be granted a variance to this standard. CHARLES CUNNIFFE ARCHITECTS 520 E. HYMAN SUITE 301 ASPEN, CO 81611 PHONE (970) 925-5590 FAX (970) 925-5076 Review Standards: Development of an Accessory Dwelling Unit lm�� EO ARCHITECTURE PLANNING INTERIORS 1. The proposed residence is located in a residential area and conforms to the character of the established neighborhood. The attached A.D.U. is located within the proposed residence- and therefor is compatible with the project on the property. The A.D.0 has a separate entrance with parking of the alley therefor not creating any unusual density patterns within the neighborhood. 2. The proposed A.D.U. conforms to all dimensional and code requirements of the zone district. a) 10' front and rear setbacks b) N/A c) The 360 sf A.D.U. exceeds the minimum requirement of 300 sf. d) 5' side setbacks e) N/A f) Maximum allowable site coverage is not exceeded g) N/A 3. N/A 4. N/A -4EE AITAZm r Fort. auEcrlax 5 ASov A.D.U. PLAN 4 -0 08/10/94 13: 51 'C000 945 5948 S U H INC��- I1IP�'0✓l��ilZ7 7'e(pPha� Cable � 75��'1PO --Tv 30,00' pede5 gebar. & 10� .� Rebal - &CAP L...S !#.157t0 4 1� #- 9184 LEGAL DESG`RIPPON: LOr O, BLOcx 32, 70" spwcc EAST ASPOV ADDXOIVs ASPEv, 001-ORdDO Gas N e 940 F4Sr 9YMAN *A VENUE ASPS, COLOR4DO rU E4.55wEYrs FRom 7TILE I ,� �a ��< o° C0u1t1!/TvENr , per 9 /5 t �A�� d. 1 BY PITKIN COUNTY ME Ash n Joe Aspen P Aho 7' ra easement f yv pv Pasex Ce Book -,6b, Pa Z76 "�., • s" Shrz,bjW ¢.. As -pen 1Or Tre - 1 � n 6 - Aspen .�perr 72eh�" & 1 0 J Rebar & Ca5164 15' s RMCK PAVFTRs r is b �Z/ ��• f" = 2� feet • �. can .t�� = > ��t Surveyors Certi�cafe. Kenneth R_ Wilson, being a ; Registered Land Surveyor in the State of Colorado, do hereby .oertify that this improvement survey wrrs made under my suoervjsion and is true and correct to the best of my belief and knowledge_ ; I further cefti' that the CHARLES CUNNIFFE ARCHITECTS 520 E. HYMAN SUITE 301 ASPEN, CO 81611 PHONE (970) 925-5590 FAX (970) 925-5076 Applicant: Hyman St. L.L,C. 940 E. Hyman Ave. Aspen, Colorado 81611 970 544-0675 Architect: Charles Cunniffe Architects 520 E. Hyman Ave. Suite 301 Aspen, Colorado 81611 970-925-5590 CA ARCHITECTURE PLANNING INTERIORS The Owner, Hyman St. L.L.C., authorizes the Architect, Charles Cunniffe Architects, as a representative to act on behalf of the Owner. Any question concerning the Conditional Use Review may be directed to CCA c/o Ryan Hoffner. Project Address: 940 E. Hyman Ave. Aspen, Colorado 81611 Legal Description: Lot O, Block 32, East Aspen Addition, Aspen, Colorado S incerely, Sunni Simpson Enclosure(s) ran. 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Goff Course a a—"-'uDrsr y'~F Smv99/erSr `.. - Vlne SI `0 "' = C• O�v a ,LF' } t �; •..-., •. y; �t rv`> ` ~ 4LC L � '-r.. .t � "„•He!�et�rr � rs S �on�N o Rws V Maroon Creek Rd -4 4 'fa/hs eye FrinGr yd°To �af� t , - ��a . ,� r � `. � a � •, H r. ,... aJ y� Ct B ' !:' ya'r ' °r St fr 7,•.e�s-n� ♦ C S •., ' o:, •-H..,?/?4!ne'A� �C e.;^: A =Hos,0�., .C. t' •:arc.^:. a:., � Qs�" 90 y1 ,.mo.. C a0�"�n9S �."k• `: a �u99/ , -...h O° Mlwn°nq o2a: n °r nAd prltnrose Path, "if., °o'y SY Aegsnrs .,.;.:�� „�•` G C ` ✓UK?Sr roll �QO ^ 0 V/Ksour Q Mall .. 1• Rd ••"'`S/: $1 V C<' �a (n ^: i 4 ,� ,C$� Cl/ Sir° ���' is,+. `— ` •PROJECT L OCATDOPI Summrt'St a', Gia . yu.' yy z : a��e ` �'-- AePen`A/ Pt s P Westvlew. a ram` ! ••}�� t ....•!� .............Orr ^ Ute Pt `• • nyr �e v To Twin Cakes. tnC:nennence Pas: VICINITY MAP. 940 E. Hyman, Aspen, Colorado 1CD' -� �------ 1 I i`-------------- iI-------------------------------------� I-------------- -I 1(--- -- Q I 1 i n - I— U) 0 Z w V) W 3 HOPK 1 NS AVE 1 i I i 1 1 i 1 I i I i I t � '----------------------- --- r_ 1 -----------------I - - - - - - - - - -� I 1 I I - I 1 i ( tl 1 1 1 ( I I 1 1 I 1 1 1 1 i I I I I I 1 r t 1 ( I I I t 1 \---------------------------- II j------------ -------1 1 11 \ 1 I 1 I 1 — R K 1 N G EA -------I 1 � 1 i PALKIA(a AtZF.6. 1 I 1 i � I 1 I I 1 1 I � � 1 1 1 ' Z-SToL' Y 3- STUTL`� 1 1 r ' 1 t i ' i t :irt I i t 1 (-- -O i 1 r I 1`I 0 E HYMAN AVE 0 „Q r n -JO --I i 11 I i 1 1 APPL44C. 1 �oc.+cTlc+n.1 ' I 11 Ii tl 11 �1 t 7 /6-faCEI ED JUL 1 b 1998 adNr i a �S rl>oiv ASPEN 1 PITKIN Cp, MUN{TY pEVELOPMENT t-WAi4n1 AV/25E, rT ftWnVs 7#otr 60�2- 4jxtC4 AE- 0� ✓ice �NQ 7�fis OA,2�e.,�i.� is OrR'rcucT 45 /7' 4(rs7s !Af 7� f5su� . �9�Fgtt (Y you GJoN`> G�9 iOAJ A- /d' r7 UWc.0 6€-&er�lc��C-�,8a�' AAL �erJ �7�bht Michael Peter Hubbard, Sr,, Ed.D. 10503 Suns+ Tern=, Clive, [A 50325 brae (515) ' 2674370 Sara Thomas Zoning Enforpenumt tamer Planning and Zoning City Halt 130 South Q lena Sheet Aspen, Calo 81611 Re: Easemeni Agreement FAX (970) 970-5$39 THIS PAGE PLUS FOUR In= 11, 19" DCar Ms, ThQftWS= We wanted ppu to bavv a copy of this a semem agreement as we've been told that the people who bought 9401;ast 1-tytaran would film to take the fence down_ in order to lffoperly enforce the zoning and building regulafaons, pie ne nrAe this legal desert port of the "Address Fi le" of bath 920 East Hyman Avenm noel ") East Hyman Avenue. The document, of record, states that the fence between the propatics may not be moved or altered in any way, under any cir+cnmstances whetsmver by anyone but the owners or 920 East Hyman Avenue. We are the owlxn, am we = tY 04 uav�r to hm this aggxmcnt c5r brcui Sirxty, Sod 6EM N6 oz6+ 0.1 �M qH COE uVauff wou Wd 9 as ss-� t-sa i ' IE 1 -7 1 4 + T°SI �6 is maada on the day ofr 1995 by and between Susau v. R,alles Tmust Lts � aucce$ ri r assigns ( "Roller ") and XicbAOI P . E bbard : arrd Ara. -May Rabbard tho it succesgars, or assigns ("ilubbard") wIth ref+evence to 'the followingi A. .The p�aztjas axes record owners of • aiJoining part '19 of �: OD real property situate in the City and Tow=it•e of Asgenr Pitkin { W County, Co_�ora+do, Ropes being the record ownar of Lot 4, Block 321 5-4 W East Aspen• Addition ( the "Rolle$ Opert:Y*. ) and Hubbard -,being the D -1�4 record osier of Lot N, Block 32.. East Aspen - .Additiao „( the wHabbaxd 0 property* )' . ' ., R . certain. improyaments appurtenant to the Rub►bard Property 00 -4 QD have for many years been. constructed upon:;, the Roll.es Property - via . , a walkway ap oxivaately fire -, feet ,n `writ% bordered by a -0 wooden foe a such walkway being located along the western side of I the property as - is more particularly shown on. ' °: �-�.�a,�yll �rRolles ImprovMent survey h=e•-a armaxed as Exhibit A an "2a.sement . property.,, C. The pa.rtiee ' wish herein to :. confixn a permanant z arrangement concarning the walkway pradence and maintenance of the in � walkway and f enco . C 0 WxFt s NC3W, THRREFCMO in consideration of the foregoing Rec.ital.s, ru Ott the making and keeping , of the, mutual CaVenantS herein contained, m and other good and valuable cons ideratioA, the receipt, sufficiency z � and adaquAcy of which. hereby *a a acknowledged, the paztLest for X� th"selves-„ and for their - respective heirs F euccese©re t grantees so cO and aasignal agxes with, conll= and acknowledge unto each ether as m 1, 'Ease= Pxaperty. Rolle$ hereby grants unto Hubbard a m i pe=anent, porpetual excluelve'easment for a walkway and fonce and � r� exclusive usof the area contained within such easement located on the RO11eP=pezty an, depicted on the sur<r+ey Exhibit "All attachad hereto ap ... the zaeeint. Property'. sub�act to the terms and condit.iono got forth herein. 2. SAIMtename of Fwwe. The fence preeeatly located on the ► m Easement property shall be maintained in gaud,, clean, attractive, veil-rapai ed condition at the ex ensa of Hubbard. A. fence may be 0 maintained by Hubbard in its prais ent location designed to maintain p:c.iva►cy.. six foot Iu height and constr=ted of wood ma.terialB. Any chautga to the hal4ht, ! d+eeign or materiald of the fence shall be v 0 approved, in writinugbbbYexboth the o x of the Rolies Property and �t p� th over o f the y 3 . Root design... In the event, the owner of the Rolled z property canstxuct,s an zddition or development on the Rolle$ property, the roof the of shell be designed and construoted such that rain, anowfall or ice buildup are - not directed onto** the EOd HM M 0U6+ 01 MqN M mauff Wou lid 9�, : 00 86-1 I-90 gamement Property 03: fi"su-ten ahA1.1 be taken to prevent rain, snowfall or ice from falling onto the Basement of by the installation of a gutter draine snow fence and heat tape an any such addition or xi-davelovm�nt 4. Bidq The , ta=sr conditions, prov isisohnasll and be a0knowledgmumts of and contaLmd vitbin thia A910QUOnt deemed to be ccven=tx .that - =n with the title, two the ROIlGA propexty and the Hubh&rd property , and shall be deemed to benefit and bux-dAm each of such'10-t-Bo .'&A wGII as t-he redat any tmtbaxeof t thsix reffPectivO heirg, grantees, successoand assignaft Agreamant'.]ass boon entex*ad into an of 'the day and year first Moro -bb d UAy Hu M V. RW TRUST By. Sc Rollas f Trust a STATIS OF CST M= OF was duly ac3awwjedged hafore me this f going Inatzm"Ont f 1995p by Susan V. Rolles Trust by Estee lk my hand and official anal W c asion ezqLrefit dILOW OLd Y. votiry public Z�hm or amonm PI.TM A. lodged before me this instrument van ackncw ;Lag inm P. Hubbard and Ara MY 1995,, by Richael Ylt ss my hand and Offic;Lal sea4 V P p P W ra W 45% V a 4 Ln 'k4 E 0 n W EM OF,6 K6+ 01 �M qc,6 �U HUM WOU NJ q�:H H-11-90 Iod • .� '� t +� �' `+ •' •..t t' '' fit• , •. ALLEY 7 •� � � :Y' i ,. �- L+',�i •t'�h';� .. ! 1{ 1 .� '�i i. " � "�� � ��r!' , ;..a l+ t�4'ri�r 41, ' ;fi' ' : k;l�>: 1' i sl�i�t' r j,��; {, Lok �t�•'Ilttl�k 32, - 4eit Or k1 k 33 j Ear Axpan kWLCt bs R+►st AlLplan um r p'!tR'hl's ■ ,6 d 2 w A � N i OWE 9T GUY me n • bra �03 >w to Q+ tn M w ...=%W- 47V Qs tI' w ALWa2num c" r tXld it PLACE HYMAN SAVE. .t.. Kzh Mkt c d IU" , 6R9 0�6 R6+ 0� �8I9 9U E08 HUM WOH Yid 98: U 86-11-90 FRONT S7BACK SPEN TO l \ttllit ilrl }" i R•MOVED A SITE', �P 1/4 55J4' PROPERTY UNE EASEMENT FOR YARD PURPOSES j, L O i N T- 49.61, 11 "AOMAIII 7////' T— FIT REAR SETBACK ;il t! 'I� Lu I'. 1 it I .I� I I III I 1,� Ir. I j 1 rl� Ir 11- i, I i. j'I 1 I I I �) M BE DEMOLISHED i T ch r k 777 'o ELECTRIC METERS LO LQ PROPERTY LJNE /001-01 PROJECT Aln - H; I VA CA LI) u DRAWING O cl� O JOB NO. .9739 u DATE 5-28-98 r\,o IsHEEr NO. o� o I8'-3%2' /0, 20'-9' ! f A4J I A4J A41 j 4 i i I II BATE? as STORAGE i CLOScJ WET BAR OWDEF�J C� , NOOOF �--- I A.D.U. UP ( I I 807 BEDROOM REC ROOM A 89'-0' FAMILY/MEDIA o I I I ea i 7 VNIEC ICAL I IGAS APPUANCE ' GM' WELL I UGHr WELL i � 2 y A4J A41 A4J 0.1 O�_ LOWER LEVEL _ I LQ u z W Q� 2 } w �+ 1 Z Le) D�N. W 0 +� k 8 Q SHEEi NO. 01-00 A4J GUARDRAtL PER U.B.C. I I I i I illll. i t LL II M 1! BffycH BENCH — — — — — — — — — - (f i I ------------ ON PORCH ENTRY ' PEP 119 1 CUBBIES MUE) GUARDRAIL rc. -AD. PLYWOOD ON kISKLIC gg,-e -4 SKI C!�SET D7 I , , I BATi-VP` I ! ,, ONCE STUDY BE LAUNDRY _210010 106 41 L I DUMB WAITER ------------ I fil — — — — — — — — — — I II GUARDRAIL PER U.B.C. GUARDRAIL PER IN � ll LEVEL PLAN ,/ . 1� iCA .E I z W., 0 :z C�. SHEET' NO. v A43 0 0 0 0 4 o sa-o■ 0-7• /31-9 I 0-3Y Wig.► j t i 2 3 I A41 A4J A4J ' , i ( ■ I ■ ( f o o GAS AP. UANCE DECK DI NG I (. ( j ( MASTER BATH (4-11 o I lLDN CAONETS. I I i I ---_ ---- P W D ' I ! ,�Q-j TA.P OOD T- ' _ � _ i , • -�-. • -.-..--►--. -.. hA L CTF'R C�u ham- -i� . 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CITY OF ASPEN WIGHT RUSSELL B & MELISSA BARTLETT GEORGE W & JEANNE L 130 S GALENA ST 278 S MAYA PALM DR 330 E CIRCLE DR ASPEN, CO 81611 BOCA RATON, FL 33432 N MUSKEGON, MI 49445 BELLIS ARTHUR P RISSANEN GWENDOLYN E 100.0 EAST HOPKINS LLC 455 ADDISON PARK LN 2660 PEACHTREE RD NW #24 E YUSEM JEFF C/O BOCA BATON, FL 33432 ATLANTA, GA 30305 215 S MONARCH ST STE 101 ASPEN, CO 81611 BLATT ROBERT SMITH GERALD H RISSANEN JOUKO J 10925 REED HARTMAN HWY STE 200 PO BOX 131405 2660 PEACHTREE RD NW #24 E CINCINNATI, OH 45242 HOUSTON, TX 77219 ATLANTA, GA 30305 HESSION RICHARD & JOCELYN BLATT ROBERT MOLITOR RONALD A & JOAN A 980 E HOPKINS 10925 REED PARK HWY STE 200 8696 SWAN ASPEN, CO 81611 CINCINNATI, OH 45242 KALAMAZOO, MI 49009 OLSEN DARELYN ANDERSON CITY OF ASPEN FRANK FREDERIC QUAL PER RES 2530 HALF MOON WALK 130 S GALENA ST TST 1/2 INT NAPLES, FL 34102 ASPEN, CO 81611 12 TRILBY BRANCH LONGWOOD, FL 32779 ,'SON ROBERT L JR �T UNDER WILL ATTN ABE JOHNSON SALLYANNE C NORTON MELINDA S MARGOLIN PO BOX 5050 3740 CENTER WY 2345 GRAND BLVD ASPEN, CO 81612 FAIRFAX, VA 22033 KANSAS CITY, MO 64108-2684 TAYLOR JIM ROTH JOSEPH R DIAMOND PHILIP E PO BOX 10205 1470 VALLEYVIEW RD 350 STEUART ST 6TH FL ASPEN, CO 81612 MOUNT AIRY, NC 27030-1945 SAN FRANCISCO, CA 94105 BENENTI THOMAS LOO MONA BETH STEELE JULIANNE B 17 SUMMIT AVE PO BOX 2273 5505 WESTWOOD DR KENNEBUNKPORT, ME 04046 MALIBU, CA 90265 DES MOINES, IA 50312-2014 SHAFFRAN STANLEY R & KANDI JENSEN JUDY A TRUST P L & A INC LYN PO BOX 1081 A NEBRASKA CORP 0164 LUPINE DR ASPEN, CO 81612 9727 SPRING ST ASPEN, CO 81611 OMAHA, NE 68124 TER JULIA A WOODS GEORGE B TRUST O CONNELL SARA G WOODS GEORGE B AS TRUSTEE .. 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N 138TH ST 4032 LINDEN AVE 1004 MOPAC CIR STE 21 BLUE ISLAND, IL 60406 WESTERN SPRINGS, IL 60558 AUSTIN, TX 78746 BRANIFF CARLOS & RE14A BOSQUE DE OMBUES 135 BOSQUES DE LAS LOMAS 11 XICO DF MEXICO, 11700 SKIPSEY CHARLES I SKIPSEY ELEANOR M JT TENANTS P O BOX 2045 RANCHO SANTA FE, CA 92067 TAI FRANKLIN & FESQ LORRAINE TRUSTEES RUSHNECK RONALD JR TAI FRANKLIN &FESQ LORRAINE 480 S BROADWAY LIVING TRST TARRYTOWN, NY 10591 673 8 ESPLANADE PLAYA DEL REY, CA 90293-7525 KARTIGANER ESTHER ABEL CARLOS A 333 E 53RD ST ABEL AMALIA M NEW YORK CITY, NY 10022 523 CRAGMONT AVE BERKELEY, CA 94708 MAGNER CHILDREN'S MINOR'S TRUST PAUL RICHARD & SUZANNE C/O MAGNER GERALD T JR TRUSTEE 1210 INVERNESS AVE 1050 SUNSET RD PITTSBURG, PA 15217 WINNETKA, IL 60093 COHEN PHILIP M & LILIANA M 50 STONEHENGE RD PITTSFIELD, MA 01201 )VALE REALTY INC PO 13OX 11976 ASPEN, CO 81612 HORNE FREDERIC B 1116 GREAT POND DR N ANDOVER, MA 01845 KENTCO LIMITED PARTNERSHIP 2200 W 138TH ST BLUE ISLAND, IL 60406 PEARLSTEIN DAVID BLUEFIELD 1006 E COOPER AVE ASPEN, CO 81611 ACBB PROPERTIES LLC COLORADO LIMITED LIABILITY COMPANY 250 VESEY ST 8TH FLR NEW YORK, NY 10281 BOYER MELVIN DENNIS REVOCABLE TRUST PO BOX 9512 ASPEN, CO 81612 PROCTOR CHARLES WESLEY SR 1108 DOVER RD APT E GREENSBORO, NC 27408-7321 TACHE MARK C & CHRISTEN COOPER- 1001 E HYMAN AVE ASPEN, CO 81611 O'CONNELL PHILIP J O'CONNELL NANDINI AS JOINT TENANTS 4260 CENTRAL AVE ST PETERSBURG, FL 33711 CADY JOHN J 8121 KILLARNEY CT WICHITA, KS 67206 SHERMAN ROBERT S - TRUSTEE SHERMAN ROBERT S LIVING TRUST 1025 MISTWOOD LN DOWNERS GROVE, IL 60515 STENGER FRIEDERIKE & WALTER 117 CENTER POINT DR STE 300 NEPEAN ONTARIO CANADA, K2G 5X3 FINNEGAN JOHN P AND SANDRA H 84 RILLING RIDGE NEW CANAAN, CT 06840 MSJ PROPERTIES LLC C/O STEPHEN M BELLOTTI - MERRILL LYNCH NORTH TOWER 8TH FLR 250 VESEY ST NEW YORK, NY 10281 SCHRAGER PHILLIP 4343 S 96TH ST OMAHA, NE 68127 JRP PORTFOLIO LP 4533 MAC ARTHUR BLVD #344 NEWPORT BEACH, CA 92660 MURRAY JOYCE K PO BOX 352 ASPEN, CO 81612 HERSHORN PETER 555 E DURANT AVE ASPEN, CO 81611 DS PENNY WHITE HOSIER GERALD D BELLINA DELIA MALONE l _ __. ;3 HYMAN AVE #2 PO BOX 12354 PO BOX 2505 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 HEYMAN GERALDINE L PO BOX 4724 ASPEN, CO 81612 MCDONOUGH JOELLE 1007 E HYMAN AVE ASPEN, CO 81611 MCCORMICK JOHN T & MURIEL E 1007 E HYMAN #5 ASPEN, CO 81611 MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Stan Clauson, Community Development Direc FROM: Mitch Haas, City PlannerA010, RE: 123 East Hyman Avenue Conditional Use for Two (2) Accessory Dwelling Units (ADUs) in a Duplex - Public Hearing. (Lots E and F, Block 69, City and Townsite of Aspen) DATE: July 21, 1998 SUMMARY: The applicant is requesting Conditional Use approval to construct two (2) Accessory Dwelling Units (ADUs). The applicant owns a vacant lot at 123 East Hyman Avenue and will be constructing a duplex. The proposed ADUs would be below grade, attached to the corresponding, primary residences. By providing the ADUs, the applicant would obtain a GMQS Exemption, enabling the property owner to construct the new duplex pursuant to City Land Use Regulations. The applicant is NOT seeking an FAR bonus, but understands that the units shall be deed restricted, meeting the housing authority's guidelines for resident occupied units. As an FAR bonus is not being sought, the housing office shall not have the right to fill the units, even if left unoccupied for extended periods. The applicant's Conditional Use Application is attached as Exhibit A, and referral comments from Engineering, Housing, Zoning, and Sanitation are included as Exhibit B. Community Development staff recommends that the Conditional Use for the two (2) Accessory Dwelling Units (ADUs) at 123 East Hyman Avenue be approved, subject to conditions. APPLICANT: RK Land and Cattle Co., represented by Davis -Horn, Inc. (Alice Davis) LOCATION: 123 East Hyman Avenue (Lots E and F, Block 69; City and Townsite of Aspen, Pitkin County, Colorado) is located on the south side of E. Hyman Avenue between Aspen and Garmisch Streets. ZONING: Residential Multi -Family (R/MF) CURRENT LAND USE: None; the lot is vacant. A one-story house and accessory out- building were located on the property, but were recently demolished. - LOT SIZE: The subject site has a lot size of 6,000 square feet (the area of this lot may be subject to reductions such as those associated with access easements). ALLOWABLE FAR: 3,600 square feet. (This FAR limit is an estimate only; it does not take into account any potentially applicable reductions). PROPOSED LAND USE: One duplex (two single-family attached residences) where each of the two primary residences would have an associated Accessory Dwelling Unit. Duplexes where both units would be of the free market variety are a permitted use within the R/NIF zone district, provided each unit has an associated ADU. REVIEW PROCEDURE: Accessory Dwelling Units (ADUs) require conditional use approval by the Planning and Zoning Commission at a public hearing. It is a one-step review that requires notification to be published,' posted and mailed in accordance with Section 26.52.060(E). The following sections of the code are applicable to this conditional use review: Section 26.40.090, Accessory Dwelling Units; Section 26.28.090, Residential Multi -Family (R/1VIF); Section 26.60.040, Standards Applicable to All Conditional Uses; and, Section 26.58.040, Residential Design Standards. Pursuant to Section 26.58.040, Residential Design Standards, Community Development Department staff reviewed this proposal against the Residential Design Standards and found that the submitted development application complies with the requirements of said section, with the exception of the "volume" standard as it applies to all elevations exclusive of the front, street -facing (north) elevation. However, the submitted plans do not contain adequate information to carry out a complete Residential Design Review since a block plan was not provided. The block plan could dictate that the proposed front setbacks need to be decreased to more closely align with the other structures on the block. BACKGROUND: The submitted application explains that City Council approved a code amendment on May 3, 1998 making it permissible to develop two detached single-family residences on one lot of 6,000 square feet or greater in the R/MF zone district. The application goes on to state that the proposal was developed pursuant to this code amendment. The current proposal is for conditional use approval of two ADUs. The ADUs would both be attached to the subgrade areas at the rear of the corresponding primary residences. As proposed, the ADUs would be approximately 460 square feet each and would each have their own kitchen, bathroom, and access, as required by code. The proposed off-street parking for the ADUs would be located in the driveways (accessed from the alley) to the garages that serve the primary residences. By creating two ADUs meeting the provisions of the code, the applicant would be granted a GMQS Exemption for the construction of a new duplex on the lot, provided the home complies with the City Land Use Regulations. REFERRAL COMMENTS: The comments from City Engineering, Housing, Zoning, and Sanitation are included as Exhibit B. STAFF COMMENTS: Section 26.40.090, Accessory Dwelling Units The proposed ADUs would each contain approximately 460 square feet of net livable area (See Exhibit A), and would be deed restricted, meeting the housing authority's guidelines for resident occupied units, limited to rental periods of not less than six (6) months in duration. The owners of the principal residences will retain the right to place a qualified employee(s) of his/her choosing in the ADU. One (1) off-street parking space will be provided on -site for 2 each ADU, and will be accessed from the alley. Therefore, the proposal complies with the requirements of Section 26.40.090(A)(1). Pursuant to Section 26.40.090(A)(2), the development, including the ADUs, is subject to all of the dimensional requirements of the underlying zone district, Residential Multi -Family (R/MF. An evaluation of the proposal against these requirements is provided below (also see the Zoning referral memo attached with Exhibit B). All of the dimensional requirements will be met, with the exception of existing nonconformities that can, under the provisions of the Land Use Code, be maintained. The nonconformities include individual and combined side yard setbacks, and open space. The application states that the amount of open space on the parcel would be increased due to the creation of a larger front yard, but would still be non -conforming. The setback nonconformities would be maintained. Since the ADUs would be attached to the primary residences, Section 26.490.090(A)(3) is not applicable. Section 26.40.090(A)(4) states that "an attached accessory dwelling unit shall utilize alley access to the extent practical. The proposed ADUs and their parking would be accessed from the alley at the rear of the lot. Section 26.40.090(B), Development Review Standards, requires that ."the proposed development be compatible with and subordinate in character to the primary residence located on the parcel as well as development located within the neighborhood, and assuming year-round occupancy, shall not create a density pattern inconsistent with the established neighborhood. " The proposed ADUs would not be at all visible as they would be completely internal to the primary residences with the exception of a stairway from the subgrade areas at the rear of the structure; thus, it will be compatible with and subordinate in character to the primary residence. This property is located in an established residential neighborhood which is, for the most part, made up of single family residences, many of which have attached or detached accessory dwelling units associated with them. The proposed ADUs will be compatible with the character of the existing neighborhood and will not create a density pattern incompatible with that already established in the area. Section 26.60.040, Standards Applicable to All Conditional Uses Pursuant to Section 26.60.040, a development application for a conditional use approval shall meet the following standards: (A) The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. The stated purpose of the R/MF zone district "is to provide for the use of land for intensive long-term residential purposes, with customary accessory uses... Lands in the Residential Multi -Family (R/11F) zone district are typically those found in the original Aspen Townsite, within walking distance of the center of the city, or include lands on transit routes, and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. " The proposed ADUs would be in harmony with the purpose of the R/MF zone district since they would provide for long-term residential use (or customary accessory use), be located within the original Aspen Townsite, be within walking distance of the center of the city, and be in close proximity to transit. ADUs are allowed as conditional uses in the R/MF zone district. One of the stated themes of the AACP with regard to "revitalizing the permanent community" is to "increase resident housing." Also, the proposal is consistent with the following purposes, goals, objectives and standards of the AACP: • "Promote, fill and Accessory Dwelling Unit program market and implement Cottage InS. • "Develop small scale resident housing which fits the character of the community and is interspersed with free market housing throughout the Aspen Area and up valley of Aspen Village;" and, , • ``The public and private sectors together should develop . . employee -occupied accessory dwelling units, to achieve the identified unmet need to sustain a critical mass of residents." Staff finds that this conditional use application for two ADUs complies with Section 26.60.040(A). _ (B) The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. The subject parcel is surrounded by residential uses, some of which have associated accessory dwelling units, and the proposed ADUs would be both consistent and compatible with the existing residential development in the immediate vicinity. (C) The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. As mentioned earlier in this memo, the proposed ADUs would be below grade and would appear as part of the principal residences; thus, their location, size and design will minimize any potential adverse visual impacts. Like all of the surrounding properties, the ADUs' parking and trash service would be accessed from the alley at the rear of the property. No noise, vibration, or odor related impacts are anticipated. The proposed ADUs would operate like any other residence or ADU found in the neighborhood. The anticipated impacts should be negligible. (D) There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems,_.and schools. There are adequate public facilities and services to serve the proposed uses. The structure would be within an existing, well -established neighborhood. See Engineering referral comments, attached as Exhibit B. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. While the proposed development of two ADUs would not generate an increase in the employment base, the applicant will be supplying ADUs which, pursuant to Section 26.40.090(A)(1), will be deed restricted, registered with the housing office, and available for 4 rental to eligible working residents of Pitkin County for periods of not less than six months in duration, therebv serving the need for increased affordable housing in the City of Aspen. (F) The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. The proposed conditional use will comply with all additional standards imposed on it be the AACP and by all other applicable requirements of the Municipal Code, such as those contained in Section 26.58.040, Residential Design Standards, unless variances are granted by the Commission. Section 26.58.040(F)(12), Residential Design Standards, "Volume" Provision The proposed design of the 123 East Hyman Avenue Duplex was reviewed by staff against the Residential Design Standards of Section 26.58.040. Staff found the proposed design to comply with all but one of the design standards, namely standard 26.58.040(F)(12), Volume. This standard requires that there be no windows in any areas of the first or second floors that lie between nine (9) and twelve (12) feet above the height of the floor plate. As proposed, all but the front (street -facing) elevations and Unit B's east elevation contain violations of the window height standard. On Unit A, the westerly of the two residences, there is one proposed window in a gable end of the west elevation that violates the window standard --- this same window appears on the south (alley) elevation as well. From the south elevation, the upper windows proposed on both structures would violate the window standard (for Unit A, these are the same windows as those discussed in relation to the west elevation). Lastly, the elevations that would face each other, Unit A's east elevation and Unit B's west elevation, each contain relatively small areas of glazing that would not comply with the standard. Under the language of the volume penalty, the applicant is left with three (3) options once it is determined that the proposed design does not comply: first, the applicant can choose to redesign the proposal to comply with the standard; next, the applicant can appeal staff s finding to the Design Review Appeal Committee or other appropriate board; lastly, the applicant can choose to accept a floor area penalty which would double the floor area in those spaces visually accessed though the non -conforming windows. The applicant has chosen to appeal staffs finding to the Planning and Zoning Commission in an attempt to obtain a variance. If a variance is to be granted, it would have to be based on one of the following three criteria: (a) the proposed design yields greater compliance with the goals of the Aspen Area Community Plan; or, (b) the proposed design more effectively addresses the issue or problem the given standard responds to; or, (c) a variance is clearly necessary for reasons of fairness related to unusual site specific constraints. According to the pending revisions to the Residential Design Standards, the purpose/intent of LiU,e "Volume" standard "is to ensure that each residential building has street facing , architectural details and elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions." Although pending code amendments do not hold any force in the review of current applications, staff felt this information might be helpful in understanding the issues/concerns that the volume standard attempts to address. Since the proposed design does not yield greater compliance with the Aspen Area Community Plan, if the requested variance is to be justified, it would need to be on the grounds that either the proposed design is necessary for reasons of fairness related to unusual site specific constraints, or the proposed design more effectively provides street -facing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions than would a design that meets the exact letter of the "Volume" standard. The three facades that would be visible from the Hyman Avenue right-of-way comply with the provisions of the volume standard. Only the alley -facing elevations and the internal elevations (those that would face each other) contain violations of the standard. Staff does not find any reasons of fairness related to unusual site specific constraints that would make it impractical or impossible to comply with the volume standard. A desire to maximize views of Aspen Mountain is not in any way a constraint. It is not necessary for someone sitting in the furthest corner of a room to have unobstructed views, when these views would be unobstructed to one standing at the complying windows. Thus, staff feels that the only possible justification for the requested variances would have to be based on the proposed designs more effectively providing street -facing architectural details and elements which provide human scale to the facade,. enhance the walking experience, and reinforce local building traditions than would a design that meets the exact letter of the "Volume" standard. Since the elevations for which variances are requested would be only slightly visible, if at all visible, from the Hyman Avenue right-of-way and the elevations that would be visible comply with the standard, staff is of the opinion that the proposed design effectively provides street -facing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions. However, this is not to say that the proposed design is more effective in attaining these goals -than would be a design in accord with the volume standard. Hence, staff believes the applicant should be held to the letter of the standard and made to redesign the non -complying elevations in order to meet the standard. STAFF FINDINGS: Based upon review of the applicant's land use application and the referral comments, Community Development staff finds that there is sufficient information to support the Conditional Use request. The proposal meets or exceeds all standards applicable to the review of Accessory Dwelling Units as conditional uses. Staff also recommends denial of the requested variances from the "volume" provision of the Residential Design Standards. RECOMMENDATION: Community Development staff recommends that the requested variances from the "volume" provision of the Residential Design Standards be denied, and conditional use request for two (2) Accessory Dwelling Units at 123 East Hyman Avenue be approved with the following conditions: 1. Prior to the issuance of any building permits the applicant shall: a. Verify with the Housing Office that the net livable floor area of each Accessory Dwelling Unit will be between 300 and 700 square feet, and the units shall be totally private, having private entrances and no rooms (i.e., mechanical rooms, etc.) that might need to be accessed by people in the principle residences; 0 b. Verify with the Housing Office that each ADU will contain a kitchen having a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer; c. Provide the Housing Office with a signed and recorded Deed Restriction, a copy of which must be obtained from the Housing Office, for each of the two ADUs; d. Clearly identify the Accessory Dwelling Units (ADUs) on building permit plans as separate one -bedroom units; e. Provide a minimum of one off-street parking space for each ADU, and indicate these designated parking spaces on the final plans; f. Install any new surface utilities requiring a pedestal or other above ground equipment on an easement provided by the property owner and not within the public rights -of - way; g. Locate any additional proposed construction, including trash facilities, in such a way that it does not encroach into an existing utility easement or public rig-ht-of-way; h. Agree to join any future improvement district(s) which may be formed for the purpose of constructing. improvements in adjacent public rights -of -way; the agreement shall be executed and recorded concurrently upon approval of this application; i. Submit working drawings to verify all height, setback, and floor area calculations, as well as lot size and lot area calculations; j. Complete and record a Sidewalk, Curb & Gutter Agreement; k. A tap permit(s) must be completed at the office of the Aspen Consolidated Sanitation District; payment of the total connection charges shall be made prior to the issuance of a building permit; 1. If the building is found to contain 5,000 square feet or more of living area, approval and installation of an automatic fire suppression system will be required; m. Verify that the proposed plans for the ADUs will comply with all UBC requirements including but not limited to those addressing natural light and ventilation standards, as well as sound attenuation walls between the ADU and principal residence; and, n. Submit building permit drawings which indicate all utility meter locations; utility meter locations must be accessible for reading and may not be obstructed by trash storage. The plans must also indicate a five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow storage. 2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall: a. Submit as -built drawings of the project showing property lines, building footprint, easements, any encroachments, entry points for utilities entering the property boundaries and any other improvements to the Aspen/Pitkin County Information Systems Department in accordance with City GIS requirements, if and when, any exterior renovation or remodeling of the property occurs that requires a building permit; ..... b. Install sidewalks, curbs, gutters, and a five (5) foot wide buffer space between the walk and curb, meeting the standards of the City Engineering Department; the existing driveway curb cut must be removed and replaced with full height curb and gutter; and, c. Permit Community Development Department, Engineering and Housing Office staff to inspect the property to determine compliance with the conditions of approval. 3. In the event required, the applicant must receive approval from: • The City Engineer for design of improvements, including landscaping, within public rights -of --way; • The Parks Department for vegetation species, tree removal, and/or public trail disturbances; 7 • The Streets Department for mailboxes and street cuts; and, • The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights -of -way. 4. Prior to the issuance of any building permits, a review of any proposed minor changes from the approvals, as set forth herein, shall be made by the Planning and Engineering Departments, or referred back to the Planning and Zoning Commission. 5. The applicant shall provide a roof overhang or other sufficient means of preventing snow from falling on both the stairway leading to the doors and the area in front of the doors to the ADUs; sufficient means of preventing icing of the stairway is also required. 6. Prior to the issuance of any building permits, any needed tree removal permit(s) must be obtained from the Parks Department for any tree(s) that is/are to be removed or relocated (including scrub oaks of three (3) inches or greater); also, no excavation can occur within the dripline of the tree(s) to be preserved and no storage of fill material can occur within this/these dripline(s). 7. The site development must meet the runoff design standards of the Land Use Code at Section 26.88.040(C)(4)(f), and the building permit application must include a drainage mitigation plan (full size - 24" x 36") and report, both signed and stamped by an engineer registered in the State of Colorado. 8. All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by a Board/Commission having authority to do so. ALTERNATIVE RECOMMENDATIONS: The Planning and Zoning Commission may decide to approve the proposal with the conditions outlined above, approve the proposal with additional and/or modified conditions, or deny the conditional use request for two Accessory Dwelling Units. RECOMMENDED MOTION: "I move to approve the conditional use request for the proposed Accessory Dwelling Units at 123 Hyman Avenue with the conditions outlined in the Community Development Department memo dated July 21, 1998, and to deny the requested variances from the Residential Design Standards." EXHIBITS: "A" - Conditional Use Application "B" - Referral Comments Davis Horn- - PLANNING & REAL ESTATE CONSULTING June 10, 1998 Chris Bendon and Mitch Haas Aspen Pitkin County Community Development 130 South Galena Street Aspen, CO. 81611 Dear Chris and Mitch: Davis Horn Incorporated represents RK Land & Cattle Co. LLC (herein referred to as the Applicant), the owner of a property at 123 East Hyman Street in.the City of Aspen (Aspen Original Townsite Block 69, Lots E and F) . This -letter requests land use approvals for two Accessory Dwelling Units (ADUs) to be located in two detached single family homes to be developed on one 6,000 square foot lot in the R-MF zone district. As required, this letter will address the Code requirements for the development of a conditional use and for the development of an ADU. The submission requirements and review standards for these two reviews are addressed below. INTRODUCTION As you may recall, the applicant initiated and the City Council adopted a Land Use Code amendment which allows two detached single family residences on one lot, 6,000 square feet or greater, in the R-MF zone district. The applicant 'initiated this amendment in October, 1997 with the property which is the subject of this application in mind (123 East Hyman). This Code amendment was approved on March 3, 1998. The applicant has since demolished the existing structure on the property and planned the redevelopment of the site with two detached single family residences, each with an Accessory. Dwelling Unit (ADU). The ADUs are required for the development by right, of the two free market homes. This letter requests the conditional use and ADU approvals required for the development of the two ADUs. Building plans which have been developed over that past nine months are being submitted simultaneously with this review process. As Chris Bendon has verified, these ADU approvals will meet the requirements necessary for a* growth management exemption by the Community Development Director (Section 26.100.050 A). As we have also discussed with both Chris Bendon and Mitch Haas, we understand that by submitting this application this week, (the week of June 8, 1998) the application will be reviewed in accordance with the existing, soon to be old, ADU provisions of the Land Use Code. As new design standards are also being developed, this application will go by the existing design standards as well. ALICE DAVIS, AICP S GLENN HORN, AICP 215 SOUTH MONARCH ST. - SUITE 104 - ASPEN, COLORADO 81611 - 970/925-6587 - FAX: 970/925-5180 Attachment 1 is a copy of a survey of the subjtecthe t property dated September 10, 1997. Although relatively receni'survey is not current as the improvements shown have now been demolished. Prior to demolition, the Building Department (Sarah Thomas) verified the existing improvement, their size and the non -conformities which can remain, but not be increased with the redevelopment of the site. Attachment 2 shows a site plan of the property as proposed with vegetation. Floor plans and elevations of the proposed two homes on one lot and the attached ADUs are also given in Attachment 2. The following addresses the conditional use and ADU requirements of the Code. CONDITIONAL USE REVIEW Section 26.6 of the Land Use Code addresses conditional uses. As an Accessory Dwelling Unit (ADU) is a conditional use in the applicable R-MF zone district, this section of the Code has been addressed in this application. An application for a conditional use must address the six review standards listed in Section 26.60-040 of the Code. These standards are listed, then addressed below. A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan and with the intent of the Zone District in which it is proposed to the located. The two proposed ADUs are consistent with the purposes, goals and objectives of the Aspen Area Community Plan (AACP). Page 5-2 of the AACP addresses the "kind of vitality brought to Aspen by its full time residents" and "the inability of working people to live in their town." The creation of an ADU will contribute to the vitality of Aspen and the ability of a working person to live in Aspen. As mentioned on page 573 of the Plan, the ADU will help to "create a community of a size, density, and diversity that encourages interaction, involvement and vitality among its people." Page 6-3 of the Plan addresses the desired increase in resident housing and how the community should encourage a more balanced permanent community. The provision of two new ADUs will contribute to an increase in resident housing which will encourage a more balanced permanent community. Pages 7-21 9-1 and 30-5 of the AACP states the goal of creating housing opportunities for 60% of the work force to live upvalley of Aspen Village Trailer Park (excluding Snowmass Village) and the desire to reduce auto impacts. The two proposed ADUs will be located in the heart of Aspen's downtown residential district. The ADUs will create housing opportunities in downtown Aspen for local workers who will be more likely, due to the proximity to downtown, to walk, bike and use public transportation rather than rely heavily on the automobile. 2 Page 30-1 of the AACP discusses the intent of the AACP to create a housing environment which is dispersed, appropriately scaled to the neighborhoods and affordable. The proposed ADUs will be new and extremely well located. They will blend in nicely with the surrounding residential uses and will be of an appropriate scale when compared to other residential uses in the vicinity. They should positively contribute to the desired housing environment. The proposed ADUs, located within two detached single family structures, will appear to be part of the free market homes, will be quite compatible with the scale and character of the community and the subject's immediate neighborhood. This is stated as important on page 30-5 of the AACP and on page 31 where applicants are encouraged to develop small scale resident housing which fits the character of the community and is interspersed with free market housing throughout the Aspen Area. The proposed ADUs in this in - town neighborhood will contribute to these objectives. Page 31 of the AACP discusses how infill development should be encouraged within the existing urban area so as to preserve open space and rural areas and allow more employees to be able to live close to where they work. This is an advantage to the proposed ADUs. The units will be constructed as part of a redevelopment of the parcel in the largely built out in -town neighborhood. The creation of these units is the type of infill development which creates very little negative impact. Also stated on page 31 of the AACP is the desire to locate permanent resident housing near desired activity centers. The location of the ADUs at 123 East Hyman Street and the project's proximity to downtown Aspen and its activities make it an excellent location for two ADUs. The 3rd bullet listed on page 31 of the AACP states the intent to "Promote, market and implement Cottage Inf ill and Accessory Dwelling Unit programs." Given this AACP statement, plus the other sections of the AACP referenced here, the proposed conditional use certainly complies with and is consistent with the purposes, goals and standards of the AACP. The subject is located in the R-MF zone district. The intent of this multi -family residential district is to provide areas for the use of land for intensive long-term residential purposes, with customary accessary uses. Typically, R-MF zoning is found in the Original Aspen Townsite, within walking distance of the center of the city and on lands with existing concentrations of attached residential dwellings and mixed attached and detached dwellings. This is true of the subject's location at 123 East Hyman Street in the Original Aspen Townsite. The proposed ADUs located within two detached primary residences meet the intent of this zone district. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for 3 development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. The proposed ADU is to be located just west of downtown Aspen and within easy walking distance of town and all its amenities as well as bus service. The location within two detached homes in the R-MF zone is very consistent and compatible with the character of vicinity and with surrounding land uses. The use will not significantly generate any new impacts. The area is built out with other homes, duplexes and accessory units. It should compliment the mixture of uses and activities in the area. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse affects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Parking, trash and service deliveries will not significantly change as a result of the two new ADUs. Prior to demolition of the previously existing structure, all services were provided to the site. Visual impacts will not be different from the proposed development of two detached single family homes as the ADUs are attached to and incorporated into the homes' designs. The development will operate similarly and possibly with less impacts than the previous structure which has been demolished. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, f ire protection, emergency medical services, hospital and medical services, drainage systems and schools. The addition of two ADUs will not significantly impact public facilities and services. E. The applicant commits to supply affordable housing to meet the incremental need for increased, employees generated by the conditional use. No new employees will be generated from this conditional use (an. ADU) and therefore this standard does not apply. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. The proposed conditional use complies with the AACP and with all pertinent requirements of the Land Use Code. 4 ACCESSORY DWELLING UNITS Minimum Submission Requirements The applicant for this request for conditional use approval for an Accessory Dwelling Unit is RK Land & Cattle Co. The address for RK Land & Cattle Co. is 420 East Main Street Suite 204, Aspen, CO. 81611. The phone number for RK Land and Cattle Co. is`(970) 379- 0688 for Ron Kanan. Please refer to Attachment 3 for a copy of -a letter from RK Land & Cattle Co. authorizing Davis Horn Inc. to submit this application and to represent RK Land & Cattle Co. in the land use review process. The legal description of this parcel is Aspen Original Townsite, Block 69, Lots E and F. Please refer to Attachment 4, a vicinity map locating the subject, parcel within the City of Aspen. Attachment 1, a 24 X 36 blueprint, is an improvement survey dated 9-10-97 which includes topography and vegetation. This survey is not current as the improvements have been demolished since the time of the survey and the lot is now vacant. The floor plan for the ADUs (and the two detached single family residences on one lot) are found in Attachment 2 along with elevations and a site plan showing the proposed project. No proof that the lot was created prior to 11-7-77 is required as the subject is an Original Aspen Townsite lot created in the 1800s. This information should meet the minimum submission contents referenced in the pre -application conference summary sheet which is found in Attachment 5 to this application. The two proposed ADUs contain 456 and 460 square feet (referred to as 460 square feet each) in a one bedroom, one bath layout on the lower level of the single family homes. Attachment 2 shows the f loor plans for the ADUs and the homes, elevations for the structures and a site plan for the property. Review Standards: Development of an Accessory.Dwelling unit The review for an Accessory Dwelling Unit requires a public hearing before the Planning Commission. When considering a development application for an ADU, the Planning Commission must consider whether all of the following standards have been met. Below, each of these standards are listed and addressed. 1. The proposed development is.compatible and subordinate in character with the primary residence located on the property and with the development located within the neighborhood, and assuming year -around occupancy, shall not create a density pattern inconsistent with the established neighborhood. Each of the two. proposed ADUs will contain approximately 460 square feet and they will be attached to a detached, free market single family residence. They will be compatible with and subordinate in character to the primary residences on the property. The two homes on one lot, each with an attached ADU, will be of a smaller, more compatible scale than the more traditional and much larger, multi- family projects typically built in the R-MF zone district. The floor area has been limited for the two detached residences with ADUs to less than what would have been allowed, should the parcel have been developed with a larger duplex or multi -family structure. As proposed, the overall density and scale will be more compatible with the neighborhood. 2. Where the proposed development varies from the dimensional requirements of the underlying zone district, the Planning and Zoning Commission shall find that such variation is more compatible in character with the primary residence than the development in accord with dimensional requirements. To our knowledge, no dimensional requirements need to be varied for the development of the two proposed ADUs. It is our understanding that the minimum distance between buildings requirement adopted by the Code amendment for two houses on one lot is 6 feet. The proposed project has six feet distance between the two structures. The City has misplaced the pertinent, recorded page of the ordinance #2 which adopted this change for two houses on one lot in the R-MF zone district. The most recent copy of this page found by the City, though unrecorded, verifies that the requirement is six feet. Although we do not believe it to be true, should a Special Review be required to lower this requirement from 10 feet to 6 feet, we would like to request this reduction. The reduction to 6 feet is compatible with and enhances the character of surrounding uses and does not create any adverse impacts on surrounding uses. It is an internal requirement that does not significantly impact the neighborhood. It prevents a narrow, more awkward design and allowed more flexibility in the design of the proposed structures. Again, we do not feel Special Review is required, but have requested this in case it is needed. 3. The Planning and Zoning Commission and the Historic Preservation Committee may exempt existing nonconforming structures, being converted to a detached accessory dwelling unit, from section 26.40.090 (B) (2) (a)--(g) provided the nonconformity is not increased. The non -conformities of the existing structure (now demolished) will continue to exist, though they will not be increased. This includes a 18.4 foot length of one story structure along the east side of the east home side which has a 1.5 foot setback. Also, the open space for the parcel is being increased due to a larger front yard and the space between buildings, but is still non -conforming. The open space nonconformity will therefore decrease, but both the setback and the open spaces nonconformities will continue to exist and are grandfathered in. These nonconformities were verified by Sarah Thomas of the Building Department prior to demolition. Sarah has also reviewed the proposed plans for the property for consistency with existing regulations. 4. Conditional use review shall be granted pursuant to Section 26.60.040, standards applicable to all conditional uses. This letter addressed the conditional review criteria in detail earlier in the application. Please refer to the conditional use review section earlier in the document. SUMMARY This letter has addressed the submission and review requirements for conditional use and accessory dwelling unit land use reviews. All of the' standards and review criteria have been met. By providing two very well located, desirable, new Accessory Dwelling Units adjacent to downtown Aspen for local working residents, the applicant will contribute to the goals and objectives of the Aspen Area Comprehensive Plan. The proposal will have negligible negative impacts, yet numerous benefits to the community. In order to facilitate your review of this application, the following attachments are included. Attachment 1: September 19, 1997 improvement survey for 123 East Hyman St. which includes improvements which have now been demolished, (24 x 36 inch blueprints); Attachment 2: Floor plans of the proposed ADUs, elevations and site plan for the proposed project; Attachment 3: Letter from RK Land & Cattle Co., the owner of the subject property, authorizing Davis Horn 'Inc. to submit this land use application and to represent them in the land use review process; Attachment 4: Vicinity map locating the subject parcel within the City -of Aspen; Attachment 5: Preapplication Conference Summary; Attachment 6: City of Aspen Land Use Application Form; Attachment 7: Signed Fee Agreement; Attachment 8: Proof of Ownership (title commitment and certified tax assessor's ownership record); Attachment 9: List of adjacent property owners within 300 feet for public hearing purposes; and Attachment 10: Block plan for the 123 East Hyman block. 7 Please call if you have any questions or concerns or if we have inadvertently neglected to address any of your concerns. As discussed previously, by submitting this application this week (the week of June 8, 1998) we understand that the application will be reviewed in accordance with the existingi soon to be old, Accessory Dwelling Unit provisions of the Land Use Code. Please advise us as soon as possible when you have determined that the application is complete or if you need anything further. Thank you. Sincerely, DAVIS HORN INCORPORATED ALICE DAVIS AICP 8 - -- --r------ T Iz 4 .�• g t4 ob 1 • � n IL 70 -4 E S67_ S8L 0L6 SZlFi�S QNOL J)," 1 O r tl' may`' \v cA -d 6S�z SSZ GALS s�tfe:�]s aNOWAUN 0 \41s Aqr,7 4ZA) O)A S>013"R (THOWAHN QA ' 4 6S6:'_ SRL AL6 S�A-H9S QNOWAOf l 7 1 d�� 5 5 dZ � ZUN r v I� ti. H � 5 M j A;57. SRl_ 02 6 j r4vv,6N S?JH3S QNOWAH8 O ATrP xr 3 " RK Land & Cattle Company, LLC 420 East Main Street Suite 204 Aspen,. Co. 81611 June 10, 1998 Chris Bendon' Aspen Pitkin Community Development 130 South Galena Street Aspen, CO. 81611 RE: 123 East Hyman - Authorization Letter Dear Chris: This letter authorizes Davis Horn Incorporated to submit a land use application on behalf of RK Land & Cattle Company LLC, the owners of a property located at 123 East Hyman Street in Aspen, CO. Davis Horn Inc. is also authorized to represent RK Land & Cattle Company in the land use review process. Davis Horn Inc. is located at 125 South Monarch Street in Aspen car you can reach them by phone at (970) 925-6587. You may contact,me at (970) 379-0866 if you have any questions. Thank you. Sincerely, RR LAND & CATTLE COMPANY r by Ron Ranan' - President Kanan Construction Co., Inc. Member, RK Land and Cattle Company LLC ► CV t ,a R11Er . C_. IR t 1 al ,•� wi x cn♦� ' . HUNTER �� ► 1 t r ! r T N� tom' 1 _is i z s 5C ,� rn d+ ��► SZ• SM i Q 4 r, 3t t ► Z 3 • ► ►- g i, $� Z b t . , °,►v� � � �' yen 5t EK ► C.It i Z, gs KY �• art � E' ii hr e� ABTA. • t � N A N tr � 33 • �/ aD 1 . ATTAR i 'NER: 1 ECT: REPRESENTATIVE: OWNER: TYPE OF APPLICATION: DESCRIPTION: CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY Chris Bendon, 920.5072 * r&H19 CP. tend. 0MIADU ist A -tilt•_ & land t eawe [e one step Conditional Use for an ADU. Land Use Code Section(s) 26.60 Conditional Use Criteria 26.40.090 Accessory Dwelling Units DATE: 6.3.98 Review by: Staff for completeness; P&Z for ADU Public Hearing: Yes, Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15 days prior to the public hearing if any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency owns property within three hundred (300) feet of the property subject to the development application . Applicant will need to provide proof of posting and mailing with a affidavit at the public hearing. Referral Agencies: Engineering, Housing, Parks, Fire Marshall, Water, ACSD, Building Planning Fees: Planning Flat Fee ($245) Referral Agency Fees: Engineering, Minor ($110); Housing Minor ($70) Total Deposit: $425 1ply, submit the following information: Proof of ownership. 2. 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 of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application. 6. 20_ Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ-_:5 . CC = 7; Referral Agencies = 1/ea.; Planning Staff = 1 7. An 8 1/2" by I I" vicinity map locating the parcel within the City of Aspen. 8. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 10. List. of adjacent property owners within 300' for public hearing. 11. Copies of prior approvals. Proof of lot being created before 11.17.1977 P" mer: egoing 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. Pot -1-LOW 9SFW �Q 1 �► _� � d �f1 S•+R� m Nf a :JAYWJW IWJWIAIWa •. - s• _ mar .♦..=a� mo-�i�=r♦ r� qr._ \�: s • • • r AT G! 1 AVmammr for Pit of CAy. of Asp=.Dlveiopmmt gees iso morgo'kNe a 1.4-ve so,, I III • rw.ti •• � 11 ti � 1. `CANTAP?UCANT b35 Sit 1L t0 CITY 3a for /" /b n Q= ��'�-•• LiLGARIP ••al Y.1• •• \ ...• -.. of • • .!• • Clrf ag=I•rl .,•.•• • • prqjem it isact • \ t • 1•• r• rl•• •fl • •• • t. =VoLvec • Droc=Mfor pficadon- and A2 •LIC.fmiicameesh .! pr 1 cd t•a • •t= z-=* • •• ••t• • • • • or 1 -ai •ft• w•1 • • •lf✓.!• • ! TO • -la!•• f • ll/i• • • .1/.• • • • to :•sY. • ••1 • :b1•a/[ • • ••••tf 'T • • -►• • •1City • •ti to aa►: •- lepUy ..• •1 w• :•• • •• • •t • •w C• eI \:• • to f .+ �✓-l• • t • - • f •will • 1 MnT"Lcu=ss, -APPLICANT sh&U pay an aaual =• • •• m ......• thef•1 ) decosiL -APPLICANTWL to CrrY To e► •f • to • • •t t ♦=m • • • t .1• • •KI• • • above., [ t••If • • 'T appmal review. Such N • i1 / p s• •. ifY. mad _ + If111 0 • % ' of thebffling • _at' of •1 • ••... `a • g. CTIY OF ASPEN APFUC. N T City of Ash Printed .LN== .22��_ n 31a g r Account Ow"Ar m - - - --_ ■■�� RW 13V - RK LAND A CAM CO LLC Year ; 04sttkf' CEO WN KANAN 199d 001 . ' PO BOX "9 _ ._ ASPEN CO 81612 Apt Wert Pvrcak Numbest MN She ecaa 2736IU71003 123 • .T 1 V f ,?I N txac�c oArCkky T 1.0c6� 4k : Typo __O_ 1000 IACode.. AdmirnskaKm Apprdad 1 Names 2 Situs Addram 3 MOW* HOM 4 TroctJSodion 5 Condornk*mu 6 block a Lot 7 Book & Page/Sakas a MscedmeouS 9 Tax Items to Pre/Sucoeed MASTER -1 1 2 _._3.. ............... _.... _. - 4'-'- - --------._ . ... ---._... _-_'- SUBCY AND TTOVINM OF ASM KKA9 LOTS & LC" QiC.OW P4"17b .,.' ' a .y—ham•: •n w..•.: � r. //��yt�nM.�*.*s• 'Y c� ,.+•,p ��• i«/.•.+:r r. /�wM..�r A . 4'�'1?. . • �.. •rrri' ,ram-"^„i.• -r�, ... .ry, ., .. ,.. •.i:rho •i ... �. . + a ri••!� •�.>� i�i/i w• ,.� •'f i i Vw-+ .:.A,• ,'(. `7u(� ff �iAi4it��:{i vi fJ: Y.:7i�r:^'�. �: l�'w ^I'. Y': /f•Y J1 ��,.-r'►i��..�i. •t ��. �y/y�� \ .: ' �`/.I•%A � � w•y1:!(.� y�. qV• 'r.•'�!z"•�7:'���•�1.p. t"'j �+• ,•:+ _ ..i• "�'�•'Y��1�iLW� fr}1 ""�Y�'h•r' ._.,.+{:!_•`.•• Y..N•.. w1, l • •♦'�y1�q1�.' :�" ,�.�.�.�y �„ 1 ..1►.�.:1� Ll ' 1. •.: �...r. . ,Y.;.� ofiib[�1�cieiai�-i:��;� ., �. �.r.0 r�. h..�(:;�^ . ?cRc�l'•'Ri�tr,.�:":;;:' Current Year Pdw Version Go To Imaging Pfior Yea Next Version Abatement Ne)d Year Gecko's Doclf Lodaie cum Ew coin AasessoC . sM East UWn Street. SuitB 10� pin, Colorado 81611 LEGALDATA QUENCEVERSTARTiy' �VEREND 5~-slTLO Owner's Policy of 'Tale Insurance Fidelity .Nadond Title Insurance Company A stG& coMpUty Polky Number 1312 - 89761 ATTACfWEliT OWNWS POLICY OF MTIF, INSURANCE SUai= 70 THE EXCLUSIONS FROM covERAGF, THE EXCEP77ONS PROM COVERAGE CONTAINED IN SCHEDULE F AND THE CONDITIONS AND STIPULATIONS, FIDELITY NATIONAL 7'iTI.Z INSURANCE COMPANY, a corporation, hereirr tatted the Company. insures. as of Date of Policy shown in Schedule A. against loss Or damage; not exceeding the Amount of Insufance stated in Schedule A. sustained or incurred by the insured by re=n of I. Tile to the estate or interesr described in Schedule A being vested other rhan as seared hems:; 2. Am, defect in or lien or encumbrance on the rule; .1 Unmarkezabilitn of the tide.- 4- Lack of a right of access to and from the land. The Company will also pay the costs. anormevs 'fees and expenses incurred in defense of the ride. as insured, but OWY ro the euenr provided in the Conditions and Stipulations_ rN u,17'1vESS a*HFRL-OF. FIDELITY NATIO:tiAL 17TLE INSURANCE COMPANY has caused this policl- to be signed and sealed by its duh• aurhor%,ed off cerx !is of lute of Policy shown in Schedule A. Fidelity National Title Insurance Company By 7aX/ SEAL ATTEST L t SOWOWY Countersigned: Authorized Signature AX,TA Ownices Policy (10-17-92) r%Mr 1+^V" rr„ 1 Z1 '? tAio :N ,L ornom To PAY OR a, mmwm suru (-...MS- TEtmDurm OF LURELITY In CM of a cairn lances this policy, the Company shall bawc The following addi- tiocal options-. (a) To Pay W Tender Psymwmt of the Amiana of howmitce. To pay or reader Payment of ft Wn - o0 - of itWraaoe under this policy web day Costs. azbrWys,fees dad CtpetMcat hared bythe insured dal -a.wWch —a andiori2ad bRr ft C=Vmy, up to the time of paynim or ftmam of paymemt and which the QaTany is obligated to pay. Upon the Marcise by the Cam"" of this option, an liability and Oft3now to the inswed molar *4 policy, otbw than to —1- the payment roqatred. shall tmunate, including any liability or obligation 2* defend Xosecuv,- or cocanw, lay litigadmand the policy 3ballbein, -1eredto theCompatty for cancefixion. (b) To Pay or 00owwbe SOW WWh Otbw than the Issaid Or Witia &a houred CladMINIML , (j) w pity or odmwm settle wits otber patties for or m the runne of an' cLuinum arty daim insured itswng Wida this policy, together With any cosm at- ox"Itys' fens and cxpeuses incurred by the anand dxm=w which were , A ' 4 by the Company up to the time of payment xW which the Coupwy is obligated 10 pay: or CO w pay or ot=wrise male with the imsta-ed claimant the loss or damage pro- vided for tracts this policy, tatether with any costs, amot=ys- fees and cqx=sm incurred by die buntred claimants wbicb were anxboriazd by the Company up to the time of payment and which Ow Company is QuiRced to pay. Upon pan the excrciw by the Compay of aster of tha options provided for in paragr*hs (bXi) or (ii). the Company's ob4ziom; w the ins, r i I uodrs this policy fat dw claittied ton or damage. odxr than the payments mqtnrcd w be riza&. shag ter- , incnding arty liability or obligadon to defend. proseactt or continue mv Wplion. 7. DO RMIMIRON, TENT OF UARUJrY AND COMSURANCE This policy is a cvntraec Of kwiccanky -mast W!n-:11 moncLary 6M of daomage mua;nad or incurred by the in uved A*i-aae who has suffered him or da.m9c by reasoo of nu mars marred agam by fts policy and only to the -"-n be= de=-bc& (a) The Liability of the Company under %his policy s1taU not cumed the I== of (f) the Amount of Luunnm naiad in Schedule A; or, 60 die difEcrence between, the vane of the iistn�ed estate or interest as inured and the value of the uraund estate or mumest subject w ;be defect. lira or enatzor brwx)e inwred against by %his policy. (b) In the: av= the Amount of Insurance stated in Schedule A at the Date of F� is I,= th at W ------- of the value of the iz� anise or inic: or ft full com6deration paid i;�caatc or iromra, whichever is J=, or if subsequent to the Date of Policy art irnpravcment is eattae I an the land which izicrrases the value of the vaured csmw or mu=m by at least 20 perce:at over the Amount of Insumace smM m Sawftle A. thm this Policy Ls sub7ca W die fbllo+hi� (i) where: no subsequent improvenumt has beam made, as to any PNTW I=. the Czmrpany shall only pay the Ion pro ran in the proportion that the === of irmrance at Dam of Policy bears to the total value of the estate or interest at Date of Policy: or (ii) where a subsequent improvement has ban made, as to any pWTW loss, the Company shall only pay the Ica pro ran in the proportion that 120 percent of the Amount of Insure-- v stated in SdmdWe A bears to the sum of the AMC= of Insuzanm started its Schedule A and the amount ctpcodad for dic iraprovextics L The provisiow of this --- shall not apply to costs- avony-ys' fees and ex- perzes for which the Co=hWe uxider this policy, and shall only apply to that portion of xty loss which etceed , in the aMegare 10 p of the Amount of Insur=ce suted in Schedule A. (c) The Company will pay ordy those coszs, anorncr* fees send eats itwurred in accordance: with Section 4 of d=c Conditions and Stipulazious. 8. APPORTIONMENT If the land descrited in Scbedtiie A consim of tyro or parcels V46ch at = used as a sir* site. sad a lass is established affecting one or mare of the poxcls but not all. die loss shall be computed and settled on a pro r= basis as if tbc unount of in v, ran cc usider this policy was divided pro r= as to the value on Data of Policy of each separ= pamel to the whole. cxclmvc of awry improvements made subw quent to Dare of Policy, unless a liaNlity or value has cdi6wisc beca agreed upon as to each parcei by the Company wad the hawed at the time of the issua= Of this policy and shown by an express aa== or by an esdorsevv= =acW To this policy. 9. LX69TA77ON OF LIABU= (a) If the Company establishes the tide, or removes the alleged defect- him or e:tcnmbtaace, or cures the lack of a right of ewers toof from ont the land. or cu ft Of utizzmtembiLity of tide or odic wive esablisha the fica of the insured raortpgc. all as insured. ib a ressonaWy diligent rounw by any method. izidodmg— WSM6011 and the COMP146M Of any avr:ak tberefrom, it shalt have fitly performed to owigations WiTh leaped to that —n- dad shall am be liable for my loss or EhttCby. the event cif any litigmion, inchiding lidgstion by the C;ompaW or -M the Company's wmc9t the Company shall have no liability for Loss or damage: until dwre has been a final determinniott by a court of competerg jurisdiction. and disposition of all appeals %bereftm. adverse to the title as inward (c)The CAxopeny shall not be liable for km or damage w any inmar-d for liability vokuntwily %ss3nv---A by die uwared in settking wq claim or sim without the prior wria= cowmc of the Company, 10. REDUMON OF DCRMANM- >R CrION OR TERNMATION OF All payments ueaeier this policy, e=cpt payments made for cosm, aucormys' feed ad czp=s=, shall reduce the zmocK of the insurj= pro mm. 11. LL431LXry NOMCM. ATM it is W[pressty wedwatiod Urd the amount at 10mrAZIM undo this policy shah be reduccil by my am m the Company may pay udm any PaUrY insurft a mor- tgage to •rivch otcepam a takm in Sic B or w wbxh the mumd his apad. assume who* zs hereafter ca=wed by an =mvd and whpr-b 32 a dwp or lira an she estaw a weetest da=dmd or m*rrrd to in Sdwdmk A, and the moum 3o land doff be deemed a payment I this policy W the hottred owner- L?L FAYhGNT OF LOSS (a) No payment sbaH be made Witham producing dills policy for endorsafteW the payment UU!ess icy has bean log or destroyed- 10 which case P9001 ions or destrucoon shall be fmaished to ft utisl*Zon at the Cmpny- (b) Wb= HaWffity and the cxtrna of Im or dzn=e hens been 4emely fitted to Wi* theme Qaftm and %#xAKJCoS, the I= Or damw shall be payable within 30 ftys %bescaft - M SVRR0"-n(w umN IPAYbCwT OR SE It LEMMTr (a) TIM CAMM"W's RW of StsbroptiawL Wbwcv= the Corapfiff sbag have settled aid paid a CUM under this potccy. AD ligbe of =ftogaLim *sn vest in the Cortzpatty u*Wkcwd by my as of the im- antedclaiment. Mw Company shall be s - t "g 11 4 to acid be entitled 10 211 rights 2W.1 which ft -darted daimm would have had agate my person or property to rcw= to d3c cizat bad this policy not beam issued. If TOMOUNd by the Company. the m- cmvd claim= shall ri ansup to the C4aspany all rigs mid remedies agarast any P cnm or Property secessitry in Order to Pwfixl this right of submPOOM- The in" "OWGU . dame Shall, permitthe company tzi sea. at Mak is the name of the insured clainum dad to UW the name of the kn6red claimant in any U-ARSBC- am of hupDm involving these rights or remcdw& If a payment on of a &6;m does not fully cover the low of the A -mew ft C*aVW shall, be subcogated to cliew rigbm said rcutodia M lb-1, Pro - PC -gum which tba ComMy s pxy=a bears to ft whole at Of the W&5-- If Ion should resuk fioni any acg of the invared loan act as Stated Above. dial act shall not void this policy. but ft CampmY. In tb= -cast. shall be rcqun*cd to pay only that pm of wW loam "saga -1 against bytha policy which Shall =C9*d the anima. if my. loaf so the C=3pany by ceased of the jnipajraQeac by the insured chtinam of the Comptsty's rtgft of sabragnion- (b) Mw CAm"W's W*bft A"inK Noo4wared Obft4m The Cainparry's right of suWagatioti a ft noo-insured obligors sball exist Wd shall melade, withal linduation. ft ngbu of the insured to mde=Km. . . older policies of unuraxim or bonds. notwvAx&n&n any tears or con - Mined in ftw Wartin== which provide ior subgogariont rights by reason of this Policy. 14. ARsnvAMN Unless prohibited by WplicabLe law. ad= the COMPIDY or thC marred MY mzzmd abjualjoe put3udm to thu'rida Lassuratim Arbitiation RW= of the Am4wi-cm Arbitmion Association. Axbi=bL- manm my izicin& but = not lintited to. any cozerovas: y or claim bwv= ft Company and die insured nuisk; ow of or relating to this policy, my sew of the Company in conaectiou with as is%uaiwe, or the btca& of a policy pffavision or other obligation. All arbitrable: matters; when Amount of Insurance is S1,000,000 or lam shall be arbitratod at the option of eil the Cloatpazzy or the united. AR mticoible amen when the Anwum Of Insw3L is in excess of S1.000,000 shall be arbitrated only when agreed to by both the Cora-. party stad the inured. Asbia-ation ptrtsrtaac to this policy and vanes the Rules in effmt on the date the deamid for xdAtzatzon is made cr. At the option of the insured. the hates in cff= at Dam of Policy shall be binding upon the parties. The zward may include jinorticys, fors only If the laws of the sme in whKh the isnd is located permit 3 c4um to award anormys' fees to a prevwfing party- Judgment upon the award rendered by the Arbmxaf(3) may be cm=rd as any cotm havmgjur%:Wx=n dMMf. The law of the Meits of the land AMU apply to an 3rbimanott ender the Time In- stautiot Axbi=mtion Rules. A copy of the Rules way be obtarad from the Company Won request. M LL48MM LDUM TO TICS POLICY.- FWCY ENTIM CONTRACT (a) 71tv poficy together with all andorsamenis. if any. attached hereto by the Coal - Party is the sattn policy and Cow= betwom and insured Xthe CQOPW. III . any provision of this policy, this policy shall be construed as 2 whole. Autry claim of low or damage. whedw or not baud on figeace- and which arm an of the s=us of the dft to the cswe at intercu covered hereby or by any 3mon asscrung socit cktan, shall be resawcd to this policy. (c) No anxcndinew of or cadonewcat to this policy cm be untle etc c by a writing cadoiled hereon at axicbed bereso siVied by estliet the President. a Vice Pn--mdcnL the S=cmry, an Assisttat Secretary, or vz6d2W9 Officer Or mtblorued sismory of the cmnpmy- 16. SEVERABULM In the even my lzovistiem of the policy is haid invalid or ummforocable: tinder applicabk law, the policy daU be dt=cd not to includc that pwvmon and al) odbff PMVIMM $had =xuam in. M force: and C&CL 17. N(MCIM WIMME SENT AU natices rc*ited to be Oven the Con4my and Any SIUMCK in "11 re. qtzircd to be finnisbed the C=wany shall iodide the mambas of this P06CY shad span be ar3dresaed to the CouqxW at: Fidelity Nadonal Title 1nswrAmK* Ciampany Nadmal Claims Admi ' i - 17911 Von Kerman Aveme, Suite 300 Irvine. CA 92614-6253 rent 10"awint matWK An uprae64y "Ciod" trout 9vengt tar UNS Vv"Wy XAU LUC a.vwPatr ••w JAw JWY •v-- v, uruaaSti %W40* ••w..e�+ ..,� ... ..�.....,.. stia by iritoa of: . L (a) ANY ta•. onfiRaaoe or So" trgalstioa (trd wHng but •ot tini*d to beiidog stool or relgliet; go W the occupsecy, we. or enjoymmm of the load; Q tie daancOM diN=9i6as ar head" of ark ' now or hwea tsr arecse+i proodim at the Lad: (Q a separation in oawae:sii* or a dmv in the di "ash ire or an of the hard orst y WWI at which the laid it or wu a part; or Gee) ericsoaterd or the tflect of am violation of throe laws. w-di more or rove rural rrgslttdoas, owept so the ectlm that a astsee of tba ettforcomaat metreot or s no"M of a de&M lie= w eaevaabntaear rnalbag from a riolatioa or a eged vioUmm stfemg flat l and Ins her: recorddM iN the p Wk M=* at Draft of Policy. (b) Amy goventmewul police power nut codaded by (a) above: to the tatetat that a notice of the aoe+asee hereof ar a netke Of a 6e6e0, ilea Or resulting treat a violanoa or aiteged violntioa sffthcang the land au beat recorded in the panic tmc+ards at Date of P r1q. rvligbit of eunimmt dosaia oaks notice of the erud" thereof bas been e.cor A in the public raeootdt at Dolt ai Pefity, but act ezdading from coverage taf' Want irk etas oecov. prior to Data of Policy wbick would be biadiat on the riots of a ptatciam foe vske witbobt ksowtedge- Derfetcts. ketsc. emiabraisoes. ldvem cis Or otltu taatfew (a) created. aauald, uarteed or agrad to by tie iasmd daiass= W not known to the Coa par► wx recorded in the pabiie records at Date of Policy, brit ktawn to tine issomd ciaimaat and Not &K110sed ita writia= m ntle Can4mW by the i,nsated claimant Door to the der the hmirW claim berms tut iaswed codes this pOiig; (e) revaking its no lass or daisage to the kwared dales (d) alluring or created s nbscolm cI w Date of Pol , or (e) nexultta= is 10 S or ds"V wbktt w eW a+Ot haver bets sansioW if the iaeaued dairaant had raid '.afua for the estt tt a iNlesest iteraarzd by tics ttuoliey 4- Aug claim wbidt arises oat of the traasadio+i voting in the Iastteed the estate or interest n0 WW by this policy, by erensou of the operation of federal bankrapk% state iasolveagY or sna" r creditors' eights lz a, that is based OW W the trasactioa eXtttiaa the esradr or imacrea insnded by ibis ley beieg domeW a tnudafoit coww'4'mom oc ftoduk-a trader. cc 00 the tnasaction creating the enure or interest itwared by this policy beitag deemed a p efimotid t=F etttept when the pnferewW transfer malts from the featita+e. (a) to dateiy record the in urnment of truwa: or (b) of such mtoreluioa to idpp t notice to a perchnsex for vske or a jedyoest or lira CreadisoG CONDITIONS AND STiPULAMNS 1. DFXU1( TON OF TERMS The following terms when used im this policy uyedaa: (a) -insured": the insured named in Schedule A, and, subject to my tights of defense the Compmy would have had aCc= rhea Brined insured, those: wbo WC - Cad to the interest of the narrtod insu� by opemom of law as dismigmisbe+d from purchase including. but not limited to. heirs. distributors, devisem smvtvors, per- sonal mTresentadves. next of kin. of eorporart or fiduciary successors. (b) "insured claurtum": as insured ciaiming loss or damage. (c) "kno-ledge" or "known": actual )csuowtedge, not constructive knowledge or notice which may be imputed to aA insured by reason of the public mrords as defined in this policy or any odor records which impact ccnsametive WdCC of mat- ters affecting the land. (d) " Lv4": the !-And described or referred to is Schedule A. and reverie sh6 affixed thereto which by law constitute teal property. The terra - 1and- does act include any property beyond the lilacs of the area described or referred to in Schedule A. nor any tigbt_ title. it2%cr=, crate or patent in abttttdi g strtcts. roods. avenu m. alleys. lanes. ways or waterways. but nothing herein shall modify or hun t the extent to .which a right of access to aid frost the land is insured by ties policy. 'e) "mortggagge": rnmpge, deed of trust. trust deed, or adw seeuriry it>saurrteaett. ) "public records-': records esablishod under stale sm=cs at Date of Policy the purpose of imparting cons> rhrtive notice of matters relating to real ptopecty "p�rch3un for value and whhotit lmowieeige. Wcr With rcs�to Section 1(axiv) of the Exclusions From Coverage. "public records" shall also include environmen- tal protection liens, filed in the sxords of the cleric of the United States district taut for the district in which the land is )tease. (S) "unmarketability of the title": an alleged or apparent moue affecting rise title to tree land, not excluded or excepted from cove nge, which v"Ould entitle a purchaser of the esute or interest described in Schedule A io be relcased from the obligation to purchase by virttae of a cotxsarstial condition requiring the delivery of marketable tide. 2- CONTMUATION OF Ir(SURANCIf. ARM CONVEYANCE OF TITLE The eoveTage of this policy shall corneae in force as of Date of Policy is favor of an insured only so long as the insured retains an estate or interest in the land. or holds an indebtedness strayed by a purdwe moeoer mortgage givaa by a pur- dha.wr from the insured. of oaiy so long as d w insured shall have liability by treason of covenants of wwranty made by tic insured in airy transfer Or convaYanm of the estate or in=msZ This policy shall not oomtiztaee in force in favor of any Pmti chaser from the iaaard of either (i) an estate or iutcrnst in the land. or (ii) an in - de buxlrttss secured by a pmcbme fey nwrtpgc given TO the immted. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The insured shall notify the CompOny proeai¢ly M writing (i) is ease of nay litiga- tion its seas fortis in Section 4(a) below. (ii) in ease knowledge shall coare to sn in- sured hereunder of any claim of tide or interest which is adverse. w the title to the estate or imesesL, as insured. and which might vase loss or damage for which ttic Company may be liable by virme of this policy. Ov (W) if title to the 9== or in- testxt. as insured. is i>rja�ted as uwyarkeable. If prbmpc notice shall not be given to the Company, trim as to the insu ed all liability of the Company shall terminaie with regard to the niattei or rnaaers for which pion ipt notice is required. provided. [however, tau fanure to notify the Company shall, in no case prejudice the rights of any insured irndlS this policy unless the Cry Still be Prejudicect by the failure and then only to the eaent of the pm7tidice- 4. DEFENSE AND PROSEC U171ON OF ACTIONS; DUTY OF O SUR£D CLAIMANT TO COOPERATE E (a) Upon wTk= request by do insured. and subject to the options eomained in Section 6 of dery Condidom and StipuL-boas. the Comgmy, at seas owe co% and ''`hobo umeeasomble delay, $hail provide for toe defense of an insured in litigation which any Hard party assess a loam adverse to the tick or iatC= ss Insured - A only as to those sad causes of action alleging a defect. lien or enc=Ax- Ate or odia matter insured sgam= by thn policy. The Congmy shall, have the right to scj= counsel of its awn choice (subject to tic right of the insured to object for riayolltdiie cmm) to reprrseat the insured 4w 0 those salted Causes 4f action and shall noc be iia6 for and will not pay tht fees of nary other cvtrrstl. 'lire Company *a not pap any fees. oost3 or expem a hwurred by the insured in the defense of those cauusec of arched which allege man= not insured agx= by this policy. (b) Mw Coupatyr shag !naive the right, at its owe costto iiis=Re and prosecute arty action or proeaediag or m do nay ocher ace which in its opinion may be necessary or detirabk to esablish the retie to the estate or intent sL as aidor to pt'c"c= or ntlQoe loss or load to jhC =grad. Mw Comp'aay my take my =Wopriaw action hrrade: the t� of this policy, whether or not it shall be ls" bereand=. and shalt nor &crcby coterie liability or waive soy pnyvision of this policy. If the CW"M shall exec= its rights tinder this pass _ it siall do so dicey. (c) Whenever the Cody shall have bt otrgirc an action or imerposed a defense as requited or permitted by the provisiow of this policy. the QMWY my Pursue ally litigation to fma! dcummiaz6on by a court of ooa>petmA jtaisdicuos and ct- pmWy reserves the right, is its sole discrown, to appeal froin any adverse judg- t en: or order. (d) In all casts where this policy petsaits or requites tkie Company to p meet ie or provide for the drfettse of any acaoa or pa=mxHag, the instrr'ed slisell secure an the Coeapeemey the rq* to so prosoaute or preynde defense in flit author: ar Pro- matieag. and all appeals orlsercirn. and pe twit the Cotapearty so use sit 'its option. the names of the insured for this paposc. Whenever rcgwesw by die Company. the insure& at the Conquoy's tom, shall give tie Conq my all srssonable air! (0 in any action or proceedu g. securing evidence, obtaining wKftum. Pig c or defending the aexieaa or WAX; Company or effecting seuleamcmt, and (h) in otber lawful as which in the opanroa of Comepany may be neoesmy or desiraNe to esubbA the We to the es= or ia== As iasuure& If t3tc Company is prejudiced by de failure of the h=re i to furnish tie re*ured cooperawn. the Company's oblsgsmons to the instated umde ear the policy sfisll tetermume, including any ley or oblignioa to dcftnci, pro -,me. or coAtinue =W litigation. with regard to the tnataer or such Win. 5. PROOF OF LOSS OR DAMA" In addition to and after the nod'm requiredrode Section 3 of doe Conditions and Sdpstlsdoas en have beprovided the Com;iany. a proof of lays or damage sigpted and gworn to by tie insured daim-aat shall be furnished to the Company Within 90 days saber the aia; u:ed chant shall asrec= the facts giving rise to the leas or damage. The proof of lass or damage shall daas-be the defect in, or lieu of em� Xsatx on de titles, or exher tatter nniared 492=9 by this PAY wbich COD- sorth:te:s fix bass of Loess or damage and shall same. Lo rite extax possbia- the basis of olcuiating the amatstot of the loss or dame. If the Comgairy it pr Ord hY the failure of rite R=md dsimant to provide: the reTzi-re d proof of lees or &.MW. tie: Company's obligations to tbt imureod wader the sban t�t�e. �S any lr*IW or obligabon to prosecute, or axwo my wi& regrd to the matter or mi+uers ra4airing such proof of kiss or damW. Ia addition, the bmured ciaimam may Teas i oat ly be required to submit eo a2mim- tion hmcics oath by any aathorixed re�ite9emative of the Company and Shall pt'odtioC for eiznimuion, iffipecdon and copym& a suede rmaomble umn and places as may be by any authorised repraaumdeve of the Company- all records. boobs, ledgrss A%nrift e , , It Foodeme and memoranda. xhotber btacittg a dace befcise or after Dust: of Policy, which ramnaitiy.pertsia to ft kiss of dam m Fordo, tf legoen ,_ L by any atitfiorbed Of be Cam'• the i�mr�d claim= sltatl gent its boa, in w hit ing. for; AW atomho&d Atymotive of the Company to ==tune, inspect and copy at racoteds. books, Ledgers, eh k&- aotrpppadrace and meutosaada in the Custody or coaxal of a third ¢arty. which rely pertain to tale km or dumWC. All intmnlion desgtared as c0dfidt*021 by the insured daiamat pt+avided to ttte Company Pursuant to dais Seetioo snail not be cfsciosad a admits hulasis ds reaseomble judgnew Of tba COCTMY, it is owessary in dw od>: ratio I of the eiairn Failtim of the insured c aimaat to sub- mit for mminiaation undeY' oadt. produce otter reasonably trogtieared iez>£ormadottt or gxaut peer oa to serea:ee reasoe►i W D°0esi;ary iafadmatiew fiom ti>i l as requircd in the abov p h shall tie a> r liability of the COWpW L-14m : a 5 sle W-0:159115 Z I Z4 CASE NUMBER DATE OF POLICY POLICY NUMBER PCT11798 09/04/97 Q 4:19 P.M. 1312-89761 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE 13Y REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown by the public records. 2. Basements, or claims of easements, not shown by the public records. 3- Discrepancies, conflicts in boundary lines, shortage in area, enchroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. S. Water rights, claims or title to water. 6. Taxes for the year 1997 not yet due or payable. 7. Reservations and exceptions as set forth in the Deeds from the City of Aspen recorded in Book 59 at Page 180 and in Book 55 at Page 286, providing as follows: "That no title shall be hereby acquired to any, mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 8. Terms, conditions, provisions and obligations as set forth in Declaration of Height Restriction recorded October 26, 1987 in Book 549 at Page 169. EXCEPTIONS NUMBERED NONE ARE HF=Y OMITTED. 6' S®IILE A-OMM' S POLICY CASE NUivMER DATE OF POLICY AMOUNT OF INS VRANC E POLICY NUMBER pCTzl?98 09/04/97 0 4:19 P.M. $ 910,000.00 1312-89761 1. NAME OF INSURED: RK LAND & CATTLE COMPANY, LLC, A COLORADO LIMITED LIABILITY COMPANY 2. THE ESTATE OR IN=EST IN THE LAND HEREIN AND MIC8 IS COVERED BY THIS POLICY IS: IN FEE SIMPLE 3_ THE ESTATE OR INTEREST REFERRED TO 1MREIN' IS AT DATE OF POLICY VESTED I. RK LAND & CATTLE COMPANY, LLC, A COLORADO LIMITED LIABILITY COMPANY 4_ THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUN't'Y OF PZTK=' STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: LOTS E AND F, BLOCK 69, CITY AND TONNSITE OF ASPEN, COUNTY OF COLORADO, STATE OF COLORADO PITKIN COUNTY TITLE,'INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (970) 925-1766/ (970) -925-6527 FAX THE POLICY illJpW SHOW ON THIS SCHEDULE MET AGREE WITH THE PREPRINTED WJWR ON THE COVER SKEET. WARRANTY DEED "TrS nmD, made this 04 day of SxvrzmSER • ' 1997, between IAtiiRENCB T. FOSTER APID ANGBI.A FOSTER OF TA8 COUNTY OF , STATE OF GRANTOR, AND RX LAND s CATTLE COHPAN)Y LLC, a Colorado limited liability company OGRANTEE Z p whose legal address is C/O RON KALiAN P. 0. BOY 649, ASPEN, CO 81612 W COMM OF PITSIN, STATE OF CO That for and in consideration of Tea Dollars and other good and _ valuable consideration the receipt and sufficiency of which is hereby '� Ca• acknQWledgod, the grantor has granted, bargained, sold and conveyed, ' and by these presents does grant, bargain, sell and convey and confirm G unto the grants&, its successors and assigns forever, all the real ' property together with improvements, if any, situate and lying and being in the Crnmty of PITYJN, State of COLORADO, described as follows: .LOTS E AND F, RT= 69, 6" CITY AND TOWMITE OF ASPEN, COUNTY OF COLORADO, STATE OF COLORADO IBM 11111111111 Hill 101111111111 him M 11111111 Ili "SM 09/04/ 199? 04 - IM lid MVIS SIL.V1 1 of 2 R 11.00 D 91.00 N 0.00 MONO COL.ORW TOGrn= with all and singular the hereditaments and appurtP*+-n"es thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either is law or equity, of, in and to the above bargained premises, with 2 the hereditaments and appurtenances. 2 a TO H&VE AND TO SOLD the said premises above bargained and described, ffir4 with the appurtenances, unto the grantee, its successor.e and assigns forever. ir Aad the Grantor, for himself, his heirs and personal representatives, does I covenant, grant, bargain, and agree to and with the Grantee, its successors .� and assigns, that at the time of the ensealing delivery of the presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, . r-- and has good right, full power and lawful authority to grant, bargain, sell and convey the saee in manner and form as aforesaid, and that the • same are free and clear from all former and other grants, bargains, sales, m liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit "A" attached and incorporated hersin by reference. dhereto ' The grantor shall and will WARRANT AND FOREVER DSF=M the above bargained premises i.n the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all try enders_ / _sue, f �W t/vrw low r.nr,�mrCE T. FOSTER - e fit eo- Z�A t- ,AOTA4pp�.1. `— ANGSLA FOSTER BttC as in STATE OF ® n COUNTY OF s x -2 The foregoing instrument was acknowledged before me this 4+k day of �-- 1997 by LAMNCE T. FOSTER AND ANGELA FOSTER BY CATHERINE GARLAND A .. THEIR. ATTORNEY IN FACT. ' `f RZTN853 my hand and official seal \1 cs_ MMUSIT "A" •✓ 1. Taxes for the year 1997 not yet due or payable. 2. Reservations and exceptions as set forth in the Deeds from the City of Aspen recorded in Book 59 at Page 180 and in Book 59 at Page 286, providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 3. 'terms, conditions, provisions and obligations as set forth in Declaration of Height Restriction recorded October 26, 1987 in Book S49 at Page 169. i inni lull mm imi sill! IN 1111111111111111111 x of z R 11.ee o si.re x e.ee rrnmlm cppmw pro pew BISHOP ALBERT & PEARL CARRICO WILLIAM N 202'3- GARMISCH ST 27343 URSULA LN ASPEN, CO 81611 LOS ALTOS, CA 94022 SUNNY SNOW LTD CHALET LISL PARTNERSHIP LTD 207 TERRELL RD 100 E 1 YMAN AVE SAN ANTONIO, TX 78209 ASPEN, CO 81611 HAAN R E TRUST MARKLE JUDY 7115 LEESBURG PIKE STE 309 C/O POOL JUDY FALLS CHURCH, VA 22043 10 MEADOWVIEW LN LITTLETON, CO 80121 SPARLING JOAN M WINKELMAN WENDY L 300 PUPPU SMITH ST #205-220 108 W HYMAN AVE #8 ASPEN, CO 81612 ASPEN, CO 81611 LEWIS EILEEN BEVERS ROCHELLE C REAL ESTATE 108 W HYMAN AVE UNIT 9 TRUST ASPEN, CO 81611 6353 HARDEN DR OKLAHOMA CITY, OK 73118 PERREAULT GEORGE C PERREAULT GEORGE C 4002 CROCKERS LK BLVD 4117 4002 CROCKERS LK BLVD #117 SARASOTA, FL SARASOTA, FL ROTHMAN SHEREEN CLAIRE JACKSON KATHIE 104 W COOPER AVE # 1 368 HOLMWOOD LN ASPEN, CO 81611 SOLANA BEACH, CA 92075 STERN JOANNE K FRAZIER WENDY S 0142 MAROON DR 1 CENTRAL PARK W #23B ASPEN, CO 81611 NEW YORK, NY LIPTON DONN H & MARILYN G TIERNEY MICHAEL P TRUSTEES TIERNEY ANNE LIPTON DOUGLAS PO BOX 239.1 GREGG&RANDALL CO TRUSTEES ASPEN, CO 81612 1600 WOODSON RD ST LOUIS, MO 63114 BURTON MARVIN O A-90%oath PO BOX 1224 Q ASPEN, CO 81612 MORGRIDGE PROPERTIES INC C/O JOHN & CARRIE MORGRIDGE PO BOX 3279 ASPEN, CO 81612 JABLIN MERLE ELLEN P O BOX 778 ASPEN, CO 81612 PIETRZAK ROBERT J & SUSAN R 1796 E SOPRIS CREEK RD BASALT, CO 81623 BEVERS ROCHELLE C REAL ESTATE TRUST 6353 HARDEN DR OKLAHOMA CITY, OK 73118 IVES THEODORA H 3111 BEL AIR DR APT 27F LAS VEGAS, NV 89109 TBD ASSOCIATES LTD C/O SPENCER F SCHIFFER 450 S GALENA ST STE 201 ASPEN, CO GLICKENHAUS & CO 6 EAST 43RD ST NEW YORK, NY 10017 RK LAND & CATTLE CO LLC BABCOCK MARJORIE TRUSTEE SNOW QUEEN LODGE PARTNERSHT" C/O RON KANAN 2161 KALIA RD #412 PO BOX 4901 PO BOX 649 HONOLULU, HI 98615 ASPEN, CO 81612 ASPEN, CO 81612 6r i+ Y SLAW GLENN EUGENE PC- BOX 2537 ASPEN, CO 81612 DAVIS t5RUCE L 'PO BOX 8851 ;ASPEN, CO VORRIS JOAN 300 PUPPY SMITH STE 205-182 ASPEN, CO 81611 iOLDMAN SHERYL LYNN 520 E COOPER ST STE 210 kSPEN, CO 81611 gORGAN LUCINDA P 100 E COOPER # 10 kSPEN, CO 81611 .:ARK' -RED C ,AR JCETTA M ENE E LN .,ITTLETON, CO 80123 )OLLE NORMA 10 BOX 4901 kSPEN, CO 81612 )OLLE NORMA 10 BOX 4901 ASPEN, CO 81612 ✓1URRAY ELIZABETH 10 BOX 10459 6PEN, CO 81612 LAW GLENN EUGENE BRALVER RICHARD PO BOX 2537 PO BOX 10605 ASPEN, CO 81612 ASPEN, CO 81612 BECK GLENNIS GEORGE KESSELRING ROBERT D 2928 SNOWMASS CREEK RD 100 E COOPER #12 SNOWMASS, CO 81654 ASPEN, CO 81611 KNAPP MICHAEL STUNDA STEVEN R 137 PEARL ST 100 E COOPER AVE #9 GRAND RAPIDS, MI ASPEN, CO 81611 NORRIS JOAN SIRKIN ALAN & ALICIA 300 PUPPYSMITH ST STE 205-182 3500 S BAY HOMES DR ASPEN, CO 81611 MIAMI, FL 33133 SIMMONS GREGORY T FULSTONE AMY HAYDEN PO BOX 1115 31 RIVERS RD AVON, CO 81620 SMITH, NV 89430 MURDOCK STEVEN P LAWLER NANCY F 411 EAST MAIN 80 TALL PINES CT NW ASPEN, CO 81611 ATLANTA, GA 30327 KEALY MARGE A/K/A DOLLE NORMA KEALY MARGARET PO BOX 4901 10 STEWART PL APT 6JW ASPEN, CO 81612 WHITE PLAINS, NY 10601 MACDONALD VALERIE COSTELLO THOMAS 125 E HYMAN AVE #1-A 1732 P ST NW ASPEN, CO 81611 WASHINGTON, DC 20036 DIAGNOSTIC IMAGING ASSOCIATES WEINSTEIN ELLEN M 3333 S BANNOCK #740 PO BOX 9026 ENGLEWOOD, CO 80110 ASPEN, CO 81612 tUTT ?E WILLIAM 0 IV BRALVER BETTY SUSANNE STARR INC A NEVADA OS ;N #2 PO BOX 11571 CORPORATION PO BOX 11980 -,PEN, k;O 81611 ASPEN, CO 81612 ASPEN, CO 81612 �STRI CORP �,FLORIDA CORPORATION ' O BOX 15584 'AMPA, FL 33614 LOCH LUMBER PARK ;ITY OF ASPEN 30 S GALENA ST ASPEN, CO 81611 ;HAW ROBERT W 'O BOX 121157 'ORT WORTH, TX 76121 .EATHERMAN ROBERT D 'O BOX 11930 kSPEN, CO 81612 ,AMAN WILLIAM H .,AMAN E MARGRIT AS JT TENANTS ?301 CALLE LOS ALTOS CUCSON, AZ 85718 3TROH GEORGE C AST AUGSBURG �_MR 456 BOX 144 APO AE 09157, VAGNEUR BARBARA JEAN IREV TRUST 1/4 PO BOX 685 MORRIS, IL 60450 SHENNAN MELISSA A 2036 N BISSELL ST CHICAGO, IL 60614 DINGES JERMAINE L 1/6 VAN EATON ELYSE V 1/6 914QSTSW ARDMORE, OK 73401 COLEMAN ISAIAH PO BOX 11239 ASPEN, CO 81612 RASMUSSEN DAVID L AND HARTMAN FAMILY PARTNERSHIP RASMUSSEN RITA M LTD 2907 LUCERN CT 209 W FELICITY ST ARLIGTON, TX 76012 ANGOLA, IN 46703 HOUSTON SAM LIMELITE INC HOUSTON AND O'LEARY 228 E COOPER 620 E HYMAN AVE # 102 ASPEN, CO 81611 ASPEN, CO GUTNER KENNETH H REVOCABLE CARRIGAN RICHARD A JR TRUST GUTNER KENNETH H TRUSTEE 210 COOPER AVE 4C2 PO BOX 11001 ASPEN, CO 81611 ASPEN, CO 81612 SUMMIT VIEW INC JACOBSON FAMILY TRUST 248 WASHINGTON ST 2168 SANTA MARGARITA DR TOMS RIVER, NJ 8754 FALLBROOK, CA 92028 SMITH LARRY J SAUNDERS-WHITE CAROL 537 NEWPORT CENTER DR #263 PO BOX 8100 NEWPORT BEACH, CA 92660 ASPEN, CO 81612 SULLIVAN JOHN B CLARK ANDREA SULLVAN JUKE A 1060 W NORTH SHORE AVE 1207 BELMONT AVE CHICAGO, IL 60626 SAVANNA, IL 61074 HEDLUND REUBEN PRODINGER IRMA SEARS TOWER STE 5700 134 E HYMAN AVE CHICAGO, IL 60610 ASPEN, CO 81611 SCULL JAMES E CLASEN NORMAN E & LAURA B PO BOX 2051 PO BOX 1155 ASPEN, CO 81612 BASALT, CO 81621 BACSANYI ERNEST ALBERT & IRENE LADD EDWIN V JR & WILMA C WILMA 51 GREAT MEADOW LN COOBAC SANDRA L & DEAN P AVON, CT 4468 JUNIPER DR KEWADIN, MI 49648 HOUGH HAZEL C ZAUNER HEINZ JURGEN ONE BEACH DRIVE APT # 1002 PO BOX 11947 ST. PETERSBURG, FL 33701 ASPEN, CO 81612 CHUBERT JANICE M MAC ALPINE KENDRA M CARRUTHERS MARILYN i 0 HEARTHSTONE DR PO BOX 11433 101 E COOPER ST #301 ASALT, CO 81621 ASPEN, CO 81611 ASPEN, CO 81611 TT JOB GOLDSMITH DOUGLAS DAVID TYLER BERIT G 14 SECOND AVE 75810 ALTAMIRA DR 4900 N OCEAN BLVD APT 1216 '"' - YDEN, PA 19021 INDIAN WELLS, CA FT LAUDERDALE, FL 33308 ►UAINTON KIM F LONE EAGLE TRUST FUQUA ALVAH D JR & DIANNE L 408 WALNUT SPRINGS DR PO BOX 3550 446 LAKE SHORE DR ,RLINGTON, TX ASPEN, CO 81612 SUNSET BEACH, NC 28468 lICHMANN VICTORIA PRODINGER IRMA NELSON ARLENE 19 E COOPER AVE #4 PO BOX 1245 119 E COOPER ST #6 ,SPEN, CO 81611 ASPEN, CO.81612 ASPEN, CO 81611 ilLi. SAM MILLER R GREG KEITH JOHN III O BOX 10216 PO BOX 4577 300 PUPPY SMITH ST #205-230 ,SPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 'ENZ AN SIMMQNS GREGORY T HOHMANN ARTHUR J 9 BO- A24 119 E COOPER AVE APT 12 PO BOX 12392 ,•40WMASS VILLAGE, CO 81615 ASPEN, CO 81611 ASPEN, CO 81612 ;UMSEY DANIEL W GUBSER NICHOLAS J WEINGLASS LEONARD 35 DETROIT ST UNIT 406 PO BOX 870 PO BOX 11509 )ENVER, CO ASPEN, CO 81612 ASPEN, CO 81612 �LLEN DOUGLAS P HERRON SANDRA 129 SUNSET WY #OZ-Ol ppp� PHILIP G p0 BOX 7956 INS STE 302 ,00 E HOPK INS ACACIA BLOCK CLEMENTI PARK ASPEN, CO 81612 ,SPEN, CO SINGAPORE, 597157 GEORGIEFF KATHERINE TRUSTEE OF ;URRAN CHRISTINA H NOONAN ELIZABETH A TRUST THE r LLESMERE CT 1450 SILVER KING DR KATHERINE GEORGIEFF 11 BUXTON RD ASPEN, CO 81611 REVOCABLE LIVING TRS r1ACCLESFIELD CHESHIRE, # 11 TOPPING LN ST LOUIS, MO 63131 AMRITA ANAND ALGIENNE TRUST , E17 3N III CALLAHAN PATRICIA AMRITA ANAND ALGIENNE �00 1 i' SMITH ST #205-230 0184 MOUNTAIN LAUREL DR TRUSTEE kSPEN, CO 81611 ASPEN, CO 81611 PO BOX 772084 STEAMBOAT SPRINGS, CO 80477 KAUFMAN STEVEN B TRUST WHITE JALEH C/O VIRGINIA HARLOW 960 E DURANT #7 0554 ESCALANTE ASPEN, CO CARBONDALE, CO PARAMOUNT INVESTMENTS INC A DELAWARE CORP 100 W MONROE ST # 1101 CHICAGO, IL 60603 FEDER HAROLD L MORRONGIELLO CHARLES T FEDER ZETTA F MORRONGIELLO LYDIA A 210 E HYMAN AVE 44 18 SCHOOL LN ASPEN, CO LLOYD HARBOR, NY 11743 BUSH ALAN D SHOAF JEFFREY S 210 E HYMAN AVE #7 PO BOX 3123 ASPEN, CO 81611 ASPEN, CO 81612 TANGUAY MICHAEL L WHITMAN WENDALIN 210 AABC STE FF 210 E HYMAN #101 ASPEN, CO 81611 ASPEN, CO 81611 GIBSON & RENO ARCHITECTS BUSH STEVEN S A COLORADO GENERAL 210 E HYMAN AVE 47 PARTNERSHIP ASPEN, CO 210 E HYMAN AVE #202 ASPEN, CO 81611 LIMELITE INC LIMELITE INC A COLORADO CORPORATION PAAS LEROY G 228 E COOPER AVE 228 E COOPER AVE ASPEN, CO 81611 ASPEN, CO 81611 MORRONGIELLO CHARLES AND MORRONGIELLO LYDIA 18 SCHOOL LN LLOYD HARBOR, NY 11743 ELLIS DIANA R 364 SAINT CLOUD RD BEL AIR, CA 90077 SULLIVAN PHILIP 1540 MONACO PARKWAY DENVER, CO 80220 GIBSON & RENO ARCHITECTS 210 E HYMAN AVE #202 ASPEN, CO 81611 CHICAGO SNOWFLAKE INVESTMENT GROUP INC C/O SHELL PROPERTIES CORP 950 NORTHERN AVE LAKE FOREST, IL 60045 6 o ck flan a ;j achme� 1� ,1 11 �I - 11 I' ch ( I ( z' I- I� � , ^L V �q- /Q 1 -------------- ----- i•1 . _------- t �_ i 7900 t -----------------------------� 1 1 1 t w O r o p A a T 4 mom ZO • N �9$ N n S 14.'50 49•'M $ o r 7� p 100.00 34 25 = 47.5 qq 22.25 �• Z � o m .. LP Z • . Lcp. LP 00 LA -- __ I- E O m r.; a Iz 9 o w 7.35 _ o A � - N I 9 r L a A � 0 3s e' ni N 1450 4G•E 100 N . i I A /� .00 � u RR TIES 20 s QQ �ii td-o" I solo' ro • , mac. `w+•+•� ` � - b • • � • Ned. {SICK yvM{,L , I . I uHrr W % I 4ah1 11,4 q`'` 4 t3 tla tt L I. 2\ + r N I S.� ti - — A,t' 3. -�f Z ---K f�AtIjIE1LILOv�-� i VA%w :� Nr.Nfy�t t_ WEvtA/E 16Kt5t�i I O WA t.K- y MJtt }ICt� J t7►z�v1G t %. .I , rK.4rKtY� • 1 ` , h CX. AG ' {A2 / t + -->acicT'C. rz�t5ltnrlcC I �tl T6, rL/&\ N I•o 5t% N dV7Akwlr4G INt,)e !, I 5utzve�y d5CYA nrJGt �,o �oUt�lt�'(Ivrt pl,f�t� � F�I�ItJ i,�l. �t�r11r1� -------------- 2.! Lo,��. �V�L tLl��• pl.�r! 2,2 1�1fytJ L � �(,00F2. �L4 2.3 UI°pl'I� l�/�L. �t�oofz- p�„f.►�; �F �t�NIINGt 1141 I"' ► 2,� MRI� �/I�(� � ul°I°►�I� �vl�t, Gi.F' �Iz 3.1 N tl� ►r�r✓�/�, Uf,Jj-- Lo1.+�� I I L.blt-jGf IeGiIaIJ 4.2 �UIL.J1t�1Gy ro�G'j'IoPI 8. Z Pal t� L V L. its L. ec jF-I C;,g,!, 4 L661AI.. j2eSOF2-jIa-naH ., 1-a7S Ile 4 " r" F3l oG� U°t , G I t�( ibtiVrl g l i� o!a A 4; ft j pl t1�nJ GourJTY , GoVor4tiDv Catc: G/Ib/� Rer. 9/dO 116 Ixr. Rer. Qcn Dram Job mo_ (or. ?SUIW14 ps>z' Mect N or. DEPOSIT CERTIFICATE O/►01017 1 rNltl OAT w ,IM�IM real_ w TIC ePIATTT•tl LAID ROM, MATS AT _ ►Aq Atl afal►Tio" ..0 ^.•tl LAIQ ROM ►SAT COWL I(tl TOM Ift7lm 4•5I•I8r C•l.aAM •fV.„P ATA•!1(I I .1 Cum uCTlw ti •o�wlF Ip Ter. , •APef !es R�..,... LOT FOUND SR/I S PB CAP 'f CERTIFICATION; 1. DAVID W. MCBAIDE. A REGISTFOED LAND SUOVEV04 IN THE STATE OF COLORADO. HEREBY CERTIFY THAT TH•S PLAT WAS PREPARED FROH A FIELD SURVEY PREFOItmED UNOER ry SU*FRVISiON •N �•Ft7T• M-54 AND IS TRUE AND CORRECT r0 THT PEST OF KNOWLEDOE AND BELIEF, THIS CERTIFICATION IS VOID l TArViN ON AN ORIGINAL BLUE►RJNT. G a�D {1 Mpg SIGNED THIS 1 L'CAY OF • '�p� JD1 �� 1 SAY10 W. Me/RIDE RL 16129 t� • AMMIPW TO COLORADO L►0 T0U 1041 P R.M'A.N :(OK W-04 SAffb 0- ANT DUM ill THIS TLAT O1nIIR TWO" -Tat, 41`11 .% Flatly Plkvy"a PAN P(ri(cr IR " M41, W — AC••Tr 1"e UrON AN► KMff IN TNIS PLAT K CWACWFf. Woof TPAM 11% ISM FROM TW PAIL OF TK CNATIFICATION *VnM I/.*04 -e-4 C'Yl �Y IS YEL CAP ' 13" • TEIN RAILROADIE SCALE I INCH • 10 FM 0 S 10 Is 20 F01J1O to ISR>ER LEGEND d NOTES No, s to IS/ ra ur :a /• NORz. CONTROL • FOUND SURVEY MOMU ENT AS DESCRIBED • SET SPIKE SUIRVEY CONTROL FITKIN COUNTY TITTE�pI INC. TI COWI 1N. T11E ►RE►I"JIAT I ON Of ATi %, �V7WAS Uf£D ELEVATION DATUM I/ ARBITRARY BASED ON T.I.M. 100.0' AS SHOW SPOT ELEVATIONS $ OW FENCE Cl UTILITY /OK SPRUCE TREE DECIDUOUS TREE R K LAND & CATTLE CO LOTS E & F BLOCK 69 CITY 6 TOWASITE OF ASPEN, PITKIN COUNTY, COLORADO ►RE►ABED BY ASPEN SURVEY ENGINEERS. INC. 210 0. SALIM STREET P.O. Box 21306 ASM, COLO. /►ell rHOME/FAK (9701 923•3/10 job P.. 101311 BUT. to, I"? ( 1 /¢11 :, 11_01 Qcr. 7�i��ID Qcr. 4 —� QcY: en RCr. QCY; 4- Dmviu Job No- ra- NlWhjloj "Amer dhcet I or 0 .Hare : �/ib/fib Rcv: 7/G�7 j� Rer. Rcr. Rcv: Rev: Dm�a: Job No: lor.ly Itor?lA ►'IA).4rf L tb or. , *'. y/ga 1 �4 4 N 0 h 4 n b � 1 1 Date: D/lOPI b Qcl 7/GI'V QCY: tkv: Der: [2ev: DmlrM IJt/U�t'S� t 2c10 ur��CfS Fld(CV vr+J��r,NI�L Job No: r«: ftiw�olrJt� � bhcet No• I or: N / 120�I IZ0�10 li''3 141'D _-► ''0 122�4 IZZ'1 1 6't 1234� 12'II lfR't 12f'D 114=1 I 'S I5'1 11b=2 t20''�i l 'lo ITI'3 IL1.7 �fVt OT ftl& I w e—A 1 p1•�iC IGq Zr� 1411 I I , Qu DaLc: &/I.6/a!b rxv: 7/.0. /9b Ikv: Rcr. Rcr. Rcv; { Dmvn: Job No -- roe. 6kc� x� I 4 oL• ' Pwirrwter Eno Unit a CaM thYl Coot i 4.T6 2.25 Went 11.93 9 106.47 3.86 9 34.74 7.13 0 e4.17 13.e7 a 109.3e 24047 9.25 220,3473 Nora, 18.67 a 133.30 to 5 $0 Eaat 33 a 58.54 35.59 322.2 3A 9 32.4 31.1 9 279.9 U20.5 9 13.5 925 150.3025 Soith 925 245.125 19a8. 221 . .1w A0.1 C J M b L itt I 1 -1 - - A I t fM tawW lavM Pelirnele► Went Unit A FAR L Well Un 3.3 6.25 2.75 9.025 21.a75 52.75 13.75 312b 9.S S.5 2.5 23.75 S2.2S 7.5 1,25 3.75 2a.t25 31.a73 3.5 a z2s a to Eni UeM • LwN Lava4 SOuMm feM mommmilm Tdal la«+r Lay. UMI 8 2262.92t aqup Fat Z . A blm. B Factor Total Ta.0 13.e7 38e.e3a1 zs 22.3 W35 1.93 7.13 ITOR 1.93 3.34 0.5 32231 3 1.75 0.5 2.625 22 2e.7S Saa,S 20.aa 28.79 a0t1352 1.13 1.94 0.5 1.0901 2.38 4.12 0.5 4.902e 27.42 1.3 41.13 4.12 24.47 i .81e4 otN SF Lovret t.av Urtl A: 2303.32a Qn- n 3 N � a O�U c of ttti7t%: G/Ib�9S Rcv: Rcv: Rcr. ' D+e•rt ,lob Na: for. c5hcel No• or Dais. Courts, Star. Square Foal MEMO � E7,xnMOKKEMINN M. � s q.7s Polk or Court wpt Norm Em South Ear Una S FAR twain larval Ea Linn 27 10= 270 8.5 t.s L s1 9 e 0.5 1s es 12 4 9 / 36 4 4 8.5 1.5 34 6 4 a 2 32 a 12.15 9.3 0.3 121.12E 6.373 .33 9.5 o.s 83.ee5 4.416 9.15 0.5 s 92.e2S 44.75 e.67 9 1 7a.03 8.67 10.75 6.3 1.5 91.375 10.125 21 a 3 tee e3 3 a 3 24 9 to 9.5 1.3 152 24 3 9 3 24 9 1 Cam iOU7.4501 Sia1 1075, 1 11.0 0 N N FAR Main Level Court 1 west unit 311 i0l 310 _. East 6 a 2 64 le 10.4 6.5 1.5 W.4 15.5 North 10 8.5 1.5 136 24 5.64 9.5 0.5 55.45 2.92 7.33 9.5 0.3 09.635 3.665 West 9.25 7.75 9.5 0.5 e.S 1.5 $7.e75 63.875 4.e25 11.525 13.75 e 2 110 27.5 21 7.5 2.5 Isis 52.5 South 3 7 3 21 0 1e 6.5 1.5 135 24 1301.761 0`1.4W 49SA 0. 17 t FAR Ear Lk* e EsW3EME-moon L�Lai 1*""i*'�s t-r^r-T�� �J � ESL:::•] ®Lm= Glarogis 211 22 462 Less Ex 250 Fodor IFAR IT SF 212 --0-75r 105 % Abv. Or FAR loow Lev Total 9F - 2303 0.10191 234.67571 - Dim. H Fodor ToW U 22 0.5 64.79 R22 22 0.564.79 0.5 64.79.SJ. O.S 3.S 3.S O S S.S 2 s.e3 -a.s -3.s o.s a.s •2o.4os OA-M 0116,111?! t RAN 7 (o�4s Rer. Rcr. Rcr. Dmvn: Ito: ron trihcxl Hoc r or: l urrrtzy��t�VVK--L - -f.0. PL.,wn,• I ID'• y4/b" F, t L va, •r,o. !°f w loo' ?4N Sa p4o�,ts eL. Its - 'r0. lbrq, "141f* Slim LIMA L+WGL. VO4,At. v ru.,,w. 111' flt*%R I'VST, 1 F*OC:4^ W114 UWSLe 'f. o m iw, i m,, A,*II 1, H41ZT I����/`�� I i`� �i`t�f1 HyW �% UNIT �ti. 3.1 %11s 11-Du _-- -- -- -- - -- _ - To. W oM r t" 1%4u-f,------..- • - O,V ),O P 1404 GEr �L6 v�/Yn�j1'Ciblv+b ,*TjvaG 6(u40 UF'►'CK. LtV14V ._ - . .� o P .ND. i Id,• y� �� 4wiN -tli-ova- G1v►Ib- ---- T, PL.,rva la»'-1 ad•- LOWOI& L.bJEL T i cork dL, 201'11" 4As e4w __DAB rnsTS —_ t.c4 e 1%t" s. G, +Ivi liwIttl- .1 _ P�M, �� �` ,Y'��ku, I }f-.�'� '�I4.1'iN� S1Ucco� - l���' ►3� N/M>^P • - ._._. _.._ .. - - - --- --- ... - . -- - .- 1 i- . ( II Loww- L .,CIL " - I l_ - - - -- - -I- - - - - - - --I - =l- - _- - - - - - - - - -_ - - - a aorlc. d1 10. 141� • 1',� c, 11'•8'/8' la y v by PSI i:s 'nroier ,y,, � ao 0 p`� � J - 0-6 vV C C ai � � o - pdr. 1�b�a1 b per. Rcr: per. Dmrm .lob No_ ron. Ta• IticrAe �rr�•t►I. Stye �r�K Per fA56LA5 4�b 'Ortlat sxb 7iM�ii ' Z#i hAWB'(1 UFWF• L-IEVIC 6Q.sM lNYth IOZ'• j1" - II I i II II -TR Wo�ib 1 r - 6�+a�ry w/Mq,�ss�vc IF,L. l20'- 3`�.Ir +�iK �iNIbGK- �r,st►•+b - �i�t'Tlo gS'UC�o - T? o, pt�WO III`• 3OW 4g v -rot, vn�M Ig,.4t.s ¢�cG 151i.1.13j��6 lfi�l-1 Wp.I�f' _ -Ga r4 Vlle ' -n Msslc Ms _ ro S►� ►V. Ito'.;�iy'._ _ . 'rNGfD ►r � *,n*H IwLG PW..5 TIM&OW- NAM Wj"f• '- s IEL c" ^L;--O MM UfI9 owl XRG 14C%10" I aVU --T-T-.c, t.L, 31-7 1-----� y�" -TAMP- 4" Goa*� s4+tes 4r//'Gj�1juSSi puiYA►O GLIr6 �- +��9' 11Nldtls• I�hsq�cb �•`�Nca/'f '(It•'flsttf� l=�i`+'I _.. _-- z5TI�/1'iol Dotc: kc- � Ntal:J t-EYLr L i Tlv�uro I v 13 QC� _.. txv: tx.: RCY: Dmvn: ,lob tb.: roe O+.11l.OPJe1 M*-s- (M=It ■ UlftK L V*I. MAIN L"Ll _-- � � —E �--_ I I U4N6.91L5%— ( VAS OT 9 1-1 t/��"l o ff.► le)-, I Iq'- 2 yg" 'TA 94Dgt - rwtss.o I II I II I II _ —1 U /rl pt L4v*r. IT0.MAW 111,-51 , drrcFl Lle iw I Ta m-iw. I - -- — — — — — — • — -- --- —_ — — - — — — --- — - - - -- — - i UI'�hf+� L+tSvit;L. ?- — — — — — — — — — --- I - Ar M.AW 110, - 1 IR44 � I . 41 I I r /vu II i .• I I ii , 2 UIfiV14, 3 tY¢ns II-pN pKtib• G/I���b Rer. 9/G/5S 1x.: om.k Job Io: for. =-" q Attachment 8 County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } SS. TO ASPEN LAND USE REGULATIONS State of Colorado } SECTION 26.52.060(E) I, '�;k(_Uyloort1 , being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.52.060(E) of the Aspen Municipal Code in the following manner: l . By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the day of ( , 199 (which is 1 days prior to the public p hearing date of 1 e ). 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the day of , 199, to the day of 199 . (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. Signature (Attach photograph here) Signed before me this . d y of "-I- 199 . by c� �?0 vt ke_,!�2z2 6 (7 WITNESS MY HAND AND OFFICIAL SEAL My Commission expires: /;-,-i -"2 0 0 Qa'ou� /_ - &" Nota ; ublic LAW GLENN EUGENE LAW GLENN EUGENE BRALVER RICHARD PO BOX 2537 PO BOX 2537 PO BOX 10605 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612 DAVIS BRUCE L BECK GLENNIS GEORGE KESSELRING ROBERT D PO BOX 8851 2928 SNOWMASS CREEK RD 100 E COOPER #12 ASPEN, CO SNOWMASS, CO 81654 ASPEN, CO 81611 NORRIS JOAN KNAPP MICHAEL STUNDA STEVEN R 300 PUPPY SMITH STE 205-182 137 PEARL ST 100 E COOPER AVE #9 ASPEN, CO 81611 GRAND RAPIDS, MI ASPEN, CO 81611 GOLDMAN SHERYL LYNN NORRIS JOAN SIRKIN ALAN & ALICIA 520 E COOPER ST STE 210 300 PUPPYSMITH ST STE 205-182 3500 S BAY HOMES DR ASPEN, CO 81611 ASPEN, CO 81611 MIAMI, FL 33133 MORGAN LUCINDA P SIMMONS GREGORY T FULSTONE AMY HAYDEN 100 E COOPER #10 PO BOX 1115 31 RIVERS RD ASPEN, CO 81611 AVON, CO 81620 SMITH, NV 89430 THIN FRED C _IN LUCETTA M MURDOCK STEVEN P LAWLER NANCY F V, L COVE LN 411 EAST MAIN 80 TALL PINES CT NW LITTLETON, CO 80123 ASPEN, CO 81611 ATLANTA, GA 30327 DOLLE NORMA KEALY MARGE A/K/A DOLLE NORMA PO BOX 4901 KEALY MARGARET PO BOX 4901 ASPEN, CO 81612 10 STEWART PL APT 6JW ASPEN, CO 81612 WHITE PLAINS, NY 10601 DOLLE NORMA MACDONALD VALERIE COSTELLO THOMAS PO BOX 4901 125 E HYMAN AVE #1-A 1732 P ST NW ASPEN, CO 81612 ASPEN, CO 81611 WASHINGTON, DC 20036 MURRAY ELIZABETH DIAGNOSTIC IMAGING ASSOCIATES WEINSTEIN ELLEN M PO BOX 10459 3333 S BANNOCK #740 PO BOX 9026 ASPEN, CO 81612 ENGLEWOOD, CO 80110 ASPEN, CO 81612 EDGE WILLIAM O IV BRALVER BETTY SUSANNE STARR INC A NEVADA 3t,.. ASPEN #2 PO BOX 11571 CORPORATION ASPEN, CO 81611 ASPEN, CO 81612 PO BOX 11980 ASPEN, CO 81612 KAUFMAN STEVEN B "TRUST C/O VIRGINIA HARLOW 0554 ESCALANTE CARBONDALE, CO FEDER HAROLD L FEDER ZETTA F 210 E HYMAN AVE #4 ASPEN, CO BUSH ALAN D 210 E HYMAN AVE #7 ASPEN, CO 81611 `UAY MICHAEL L .ABC STE FF ASPEN, CO 81611 BUSH STEVEN S 210 E HYMAN AVE #7 ASPEN, CO LIMELITE INC A COLORADO CORPORATION 228 E COOPER AVE ASPEN, CO 81611 WHITE JALEH 960 E DURANT 47 ASPEN, CO PARAMOUNT INVESTMENTS INC A DELAWARE CORP 100 W MONROE ST #1101 CHICAGO, IL 60603 MORRONGIELLO CHARLES T MORRONGIELLO LYDIA A 18 SCHOOL LN LLOYD HARBOR, NY 11743 SHOAF JEFFREY S PO BOX 3123 ASPEN, CO 81612 WHITMAN WENDALIN 210 E HYMAN # 101 ASPEN, CO 81611 GIBSON & RENO ARCHITECTS A COLORADO GENERAL PARTNERSHIP 210' E HYMAN AVE #202 ASPEN, CO 81611 LIMELITE INC PAAS LEROY G 228 E COOPER AVE ASPEN, CO 81611 MORRONGIELLO CHARLES AND MORRONGIELLO LYDIA 18 SCHOOL LN LLOYD HARBOR, NY 11743 ELLIS DIANA R 364 SAINT CLOUD RD BEL, AIR, CA 90077 SULLIVAN PHILIP 1540 MONACO PARKWAY DENVER, CO 80220 GIBSON & RENO ARCHITECTS 210 E HYMAN AVE #202 ASPEN, CO 81611 CHICAGO SNOWFLAKE INVESTMENT GROUP INC C/O SHELL PROPERTIES CORP 950 NORTHERN AVE LAKE FOREST, IL 60045 SCHUBER"I. JANICE M MAC ALPINE KENDRA M CARRUTHERS MARILYN 710 HEARTHSTONE DR PO BOX 11433 101 E COOPER ST 11301 BASALT, CO 81621 ASPEN, CO 81611 ASPEN, CO 81611 T JOHN 814 SECOND AVE CROYDEN, PA 19021 QUAINTON KIM F 6408 WALNUT SPRINGS DR ARLINGTON, TX WICHMANN VICTORIA 119 E COOPER AVE #4 ASPEN, CO 81611 HILL SAM PO BOX 10216 ASPEN, CO 81612 L SUSAN JX 6024 SNOWMASS VILLAGE, CO 81615 RUMSEY DANIEL W 335 DETROIT ST UNIT 406 DENVER, CO ALLEN DOUGLAS P 600 E HOPKINS STE 302 ASPEN, CO 81611 CURRAN CHRISTINA H 2 ELLESMERE CT 311 BUXTON RD MACCLESFIELD CHESHIRE, I JOHN III 3k, JPPY SMITH ST #205-230 ASPEN, CO 81611 GOLDSMITH DOUGLAS DAVID 75810 ALTAMIRA DR INDIAN WELLS, CA LONE EAGLE TRUST PO BOX 3550 ASPEN, CO 81612 PRODINGER IRMA PO BOX 1245 ASPEN, CO 81612 MILLER R. GREG PO BOX 4577 ASPEN, CO 81612 SIMMONS GREGORY T 119 E COOPER AVE APT 12 ASPEN, CO 81611 GUBSER NICHOLAS J PO BOX 870 ASPEN, CO 81612 HERRONSANDRA 129 SUNSET WY #02-01 ACACIA BLOCK CLEMENTI PARK SINGAPORE, 597157 TYLER BERIT G 4900 N OCEAN BLVD APT 1216 FT LAUDERDALE, FL 33308 FUQUA ALVAH D JR & DIANNE L 446 LAKE SHORE DR SUNSET BEACH, NC 28468 NELSON ARLENE 119 E COOPER ST #6 ASPEN, CO 81611 KEITH JOHN III 300 PUPPY SMITH ST #205-230 ASPEN, CO HOHMANN ARTHUR J PO BOX 12392 ASPEN, CO 81612 WEINGLASS LEONARD PO BOX 11509 ASPEN, CO 81612 POPKIN PHILIP G PO BOX 7956 ASPEN, CO 81612 NOONAN ELIZABETH A TRUST GEORGIEFF KATHERINE TRUSTEE OF 1450 SILVER KING DR THEKATHERINE ASPEN, CO 81611 GEORGIEFF REVOCABLE LIVING TRS # I 1 TOPPING LN ST LOUIS, MO 63131 CALLAHAN PATRICIA AMRITA ANAND ALGIENNE TRUST 0184 MOUNTAIN LAUREL DR AMRITA ANAND ALGIENNETRUSTEE ASPEN, CO 81611 PO BOX 772084 STEAMBOAT SPRINGS, CO 80477 ASTRI CORP A FLORID CORPORATION P O BOX 15584 TAMPA, FL 33614 H LUMBER PARK Ci i'Y OF ASPEN 130 S GALENA ST ASPEN, CO 81611 SHAW ROBERT W PO BOX 121157 FORT WORTH, TX 76121 LEATHERMAN ROBERT D PO BOX 11930 ASPEN, CO 81612 LAMAN WILLIAM H LAMAN E MARGRIT AS JT TENANTS 2301 CALLE LOS ALTOS TUCSON, AZ 85718 ST'" OH GEORGE C 1UGSBURG 456 BOX 144 APO AE 09157, VAGNEUR BARBARA JEAN IREV TRUST 1/4 PO BOX 685 MORRIS, IL 60450 SHENNAN MELISSA A 2036 N BISSELL ST CHICAGO, IL 60614 DINGES JERMAINE L 1/6 VAN EATON ELYSE V 1 /6 914 Q ST S W ARDMORE, OK 73401 RASMUSSEN DAVID L AND RASMUSSEN RITA M 2907 LUCERN CT ARLIGTON, TX 76012 HOUSTON SAM HOUSTON AND O'LEARY 620 E HYMAN AVE #102 ASPEN, CO GUTNER KENNETH H REVOCABLE TRUST GUTNER KENNETH H TRUSTEE PO BOX 11001 ASPEN, CO 81612 SUMMIT VIEW INC 248 WASHINGTON ST TOMS RIVER, NJ 8754 SMITH LARRY J 537 NEWPORT CENTER DR #263 NEWPORT BEACH, CA 92660 SULLIVAN JOHN B SULLVAN JUNE A 1207 BELMONT AVE SAVANNA, IL 61074 HEDLUND REUBEN SEARS TOWER STE 5700 CHICAGO, IL 60610 SCULL JAMES E PO BOX 2051 ASPEN, CO 81612 LADD EDWIN V JR & WILMA C 51 GREAT MEADOW LN AVON, CT HARTMAN FAMILY PARTNERSHIP LTD 209 W FELICITY ST ANGOLA, IN 46703 LIMELITE INC 228 E COOPER ASPEN, CO 81611 CARRIGAN RICHARD A JR 210 COOPER AVE #C2 ASPEN, CO 81611 JACOBSON FAMILY TRUST 2168 SANTA MARGARITA DR FALLBROOK, CA 92028 SAUNDERS-WHITE CAROL PO BOX 8100 ASPEN, CO 81612 CLARK ANDREA 1060 W NORTH SHORE AVE CHICAGO, IL 60626 PRODINGER IRMA 134 E HYMAN AVE ASPEN, CO 81611 CLASEN NORMAN E & LAURA B PO BOX 1155 BASALT, CO 81621 BACSANYI ERNEST ALBERT & IRENE WILMA COOBAC SANDRA L & DEAN P 4468 JUNIPER DR KEWADIN, MI 49648 C 'AN ISAIAH HOUGH HAZEL C ZAUNER HEINZ JURGEN Pl X 11239 ONE BEACH DRIVE APT # 1002 PO BOX 11947 ASPEN, CO 81612 ST. PETERSBURG, FL 33701 ASPEN, CO 81612 BISHOP ALBI?R'I' & PEARL CARRICO WILLIAM N 202 S GARMISCH ST 27343 URSULA LN ASPEN, CO 81611 LOS ALTOS, CA 94022 �,.,NNY SNOW LTD CHALET LISL PARTNERSHIP LTD 207 TERRELL RD 100 E HYMAN AVE SAN ANTONIO, TX 78209 ASPEN, CO 81611 HAAN RE TRUST MARKLE JUDY 7115 LEESBURG PIKE STE 309 C/O POOL JUDY FALLS CHURCH, VA 22043 10 MEADOWVIEW LN LITTLETON, CO 80121 SPARLING JOAN M WINKELMAN WENDY L 300 PUPPU SMITH ST #205-220 108 W HYMAN AVE #8 ASPEN, CO 81612 ASPEN, CO 81611 LEWIS EILEEN BEVERS ROCHELLE C REAL ESTATE 108 W HYMAN AVE UNIT 9 TRUST ASPEN, CO 81611 6353 HARDEN DR OKLAHOMA CITY, OK 73118 FAULT GEORGE C PERREAULT GEORGE C 'ROCKERS LK BLVD #117 4002 CROCKERS LK BLVD #117 SARASOTA, FL SARASOTA, FL ROTHMAN SHEREEN CLAIRE JACKSON KATHIE 104 W COOPER AVE #1 368 HOLMWOOD LN ASPEN, CO 81611 SOLANA BEACH, CA 92075 STERN JOANNE K FRAZIER WENDY S 0142 MAROON DR 1 CENTRAL PARK W #2313 ASPEN, CO 81611 NEW YORK, NY LIPTON DONN H & MARILYN G TIERNEY MICHAEL P TRUSTEES TIERNEY ANNE LIPTON DOUGLAS PO BOX 2391 GREGG&RANDALL CO TRUSTEES ASPEN, CO 81612 1600 WOODSON RD ST LOUIS, MO 63114 BURTON MARVIN O PO BOX 1224 ASPEN, CO 81612 MORGRIDGE PROPERTIES INC C/O JOHN & CARRIE MORGRIDGE PO BOX 3279 ASPEN, CO 81612 JABLIN MERLE ELLEN P O BOX 778 ASPEN, CO 81612 PIETRZAK ROBERT J & SUSAN R 1796 E SOPRIS CREEK RD BASALT, CO 81623 BEVERS ROCHELLE C REAL ESTATE TRUST 6353 HARDEN DR OKLAHOMA CITY, OK 73118 IVES THEODORA H 3111 BEL AIR DR APT 27F LAS VEGAS, NV 89109 TBD ASSOCIATES LTD C/O SPENCER F SCHIFFER 450 S GALENA ST STE 201 ASPEN, CO GLICKENHAUS & CO 6 EAST 43RD ST NEW YORK, NY 10017 F ND & CATTLE CO LLC BABCOCK MARJORIE TRUSTEE SNOW QUEEN LODGE PARTNERSHIP c N KANAN PO r'OX 649 2161 KALIA RD #412 PO BOX 4901 ASPEN, CO 81612 HONOLULU, HI 98615 ASPEN, CO 81612 AFFIDAVIT OF PUBLIC NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL (Pursuant to Section 26.52.060 (E) of the Aspen Land Use Regulations) State of Colorado) SS. City of Aspen ) The undersigned, being duly sworn, deposes and says as follows: I, Glenn Horn, personally, certify that Public Notice of the application for the 123 East Hyman Duplex Conditional Use for ADU's Review was given by posting notice containing the information required in Section 26.52.060 (E), which posting occurred on July 10, 1998 in a conspicuous place (as it could be seen from the nearest public way) and that said sign was posted. By -= G`lenl'y orn The foregoing Affidavit of Public Notice was acknowledged and signed before me thiscl� day of July -2-1-, 1998. WITNESS my hand and official seal. My commission expires: COi?,Q"U LUY) S NOTARY PUBLIC & o ZIP < ~ ti..tt.t.•� STATE o .,C moincli rIME.1� POSE,,.,. I PUBLIC N-qm!!—CE DATES- TIME , - PLACE, PURPOSE,,, 10 It #r . 46 Ao ol w top It* it 44 AL Is dr I , sw ppr 410 ff w t N't "MOM low, 46 1 -4L jk2 40 4ro O.-Av IV AP do q - 17 10 i a At IL Jb- •, ,� , . Zee 4t At ow -•t .r Aloof Air A* 44 At Of i • 49 IIISwo i y :a 4 140 'fc + t .r ` - dp �►. ±^ _� '.M°` , � is • "' - ._ _ sF � � ...... �, I.: Ir IL AL Awl ` A ` r lip - ' In ob s . , s 46 r Attachment 8 County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } SS. TO ASPEN LAND USE REGULATIONS State of Colorado } SECTION 26.52.060(E) I, TZ`(^N H a F-PgEz. , being or representing an Applicant, to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.52.060(E) of the Aspen Municipal Code in the following WORT 1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the 1 a day of TUIY , 199 6 (which is iL days prior to the public hearing date of TO tY Z 1, IT98 ). 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the 10 day of r" LY , 199 e , to the Z 1 day of 7 u cY , 199 & . (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. Signed before me this/� day of 199L by WITNESS MY HAND AND OFFICIAL SEAL SIMPba�( WITNESS LIST* 2 Argtt,'S AGENDA ITEM: l23 E 4Ym&4 NAME OF WITNESS: 1• �rCA-+ c5 Staff Person 2. P�LIC:E -C>.N\/IS 3. a Ai 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. * Includes staff persons, but excludes staff attorney and board members. MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Stan Clauson, Community Development Director John Worcester, City Attorney FROM: Mitch Haas, Planner RE: Code/Text Amendments --- Wireless Telecommunication Services Facilities and Equipment DATE: July 21, 1998 Summary: Staff is requesting approval of a series of code amendments which would add a new section (Section 26.40.120) to regulate the development and maintenance of wireless telecommunication services facilities and equipment. The amendments have been drafted to comply with Section 704(a) of the 1996 Federal Communication Act, and would be added to Chapter 26.40, Supplementary Regulations. In addition, this amends Section 26.04.100, Definitions, by adding a definition for "wireless telecommunication services facilities and/or equipment," and amends the definitions of "public facilities," essential services," and "satellite dish antenna or satellite radio frequency signal reception and/or transmission device." Also affected are Section 26.40.110, Satellite dish antennas, and Section 15.04.470, Radio Interference Prohibited, of Chapter 15.04, Miscellaneous Offenses and Penalties. These changes include provisions for ameliorating claims of interference caused by wireless telecommunication services facilities or equipment. Staff is recommending that the Commission advise City Council to approve the proposed amendments. Background: The term "wireless telecommunication services facilities and equipment" refers to a family of communication devices that can send and receive messages instantly --- by voice in the case of cellular telephones or alphanumerically in the case of pagers. Soon too, computer users will be able to send and receive data via wireless modems. One of the newer forms of wireless voice communication is personal communication services (PCS), which are similar to traditional cellular technology in that they are wireless, but PCSs operate on a network of smaller cells and use a lower frequency in the spectrum to transmit data. PCSs require twice as many communication facilities. In the past, the telecommunications industry was closely regulated by the Federal Communications Commission and its impacts were rarely considered a local concern. Now that many telecommunications carriers have been deregulated, and new markets have been created with the issuing of more licenses and spectrum space, communities need to take a more proactive approach to regulation. To better understand the need for local governments to be proactive in addressing wireless telecommunications, it is helpful to consider the ever increasing demand for these services. For instance, the American Planning Association's magazine publication, Planning, stated in its "Wireless World" article (December, 1996) that "Original estimates predicted fewer than a million subscribers by 2000. But by 1990, the cellular industry had attracted over 10 million customers." Planning magazine conducted a survey regarding applications to local governments for wireless telecommunication services facilities and equipment and reported (July, 1997) "a gradual increase in cellular tower applications until 1994, when they practically doubled. The number continued to rise until last year. Meanwhile applications for personal communications services (PCS) were also rising; in 1996, they overtook traditional cellular applications." While demand continues to rise, the need for proactive approaches from local governments is further exacerbated by the Federal Telecommunications Act of 1996, which lays out the ground rules for industry and local government in the area of land -use law. Section 704(a) of the 1996 Act puts local authorities (states and local governments) in control of the placement, construction, and modification of personal wireless service facilities; however, the Act sets forth four (4) significant limitations as follows: • Flat refusals to grant permit applications are no longer allowed as local governments "shall not prohibit or have the effect of prohibiting the provision of personal wireless services;" • Requests for permission to build must be acted on promptly, or within a "reasonable period of time," and any decision by a local government to deny an application for such facilities must be "in writing and supported by substantial evidence contained in a written record;" • Regulations are forbidden from favoring one sort of wireless service provider over another; and, • Local governments are prohibited from regulating such facilities on the basis of the environmental effects of radio frequency (electromagnetic frequencies - EMF) emissions so long as the facilities comply with the Federal Communication Commission's (FCC) regulations concerning such emissions. It has been said that "seemingly nothing raises the ire of local citizens more than a tower facility application at or near a residential area, a high -end commercial district, or a quaint historic town square (R. Todd Hunt, Municipal Lawyer, May/June, 1997)." The most common objections cited by citizens include concerns that the towers and antennas are a visual blight, a threat to property values, and a health concern. The City of Aspen's code, as it currently exists, does not address wireless telecommunication services facilities and equipment. The purpose of the proposed amendment is to ensure that such facilities and equipment are designed in such a way as to provide functional operation for the provider and protect the safety, aesthetics, and character of Aspen's neighborhoods. TEXT AMENDMENTS: 1. Section 26.40.120, Wireless Telecommunication Services Facilities and Equipment. The Community Development Department proposes to add a new Section to the Aspen Land Use Code. The new section would be entitled Section 26.40.120, Wireless Telecommunication Services Facilities and Equipment, and would be added to the end of Chapter 26.40, Supplementary Regulations. This proposed section would include the following sub -sections: (A) Intent and Purpose; (B) Applicability; (C) Procedure; (D) Application; (E) General Provisions and Requirements; and, (F) Review Standards. The proposed code section would read as follows: 26.40.120 Wireless Telecommunication Services Facilities and Equipment A. Intent and Purpose. To provide design standards for cellular communication facilities in order to ensure their compatibility with surrounding development. The unique and diverse landscapes of the City of Aspen are among its most valuable assets. Protecting these assets will require that location and design of wireless communication services facilities and equipment be sensitive to, and in scale and harmony with, the character of the community. The purpose of these regulations is to provide predictable and balanced standards for the siting and screening of wireless telecommunication services facilities and equipment on property within the jurisdiction of the City of Aspen Community Development Department in order to: 1. Preserve the character and aesthetics of areas which are in close proximity to wireless telecommunication services facilities and equipment by minimizing the visual, aesthetic and safety impacts of such facilities through careful design, siting and screening; 2. Protect the health, safety and welfare of persons living or working in the area surrounding such wireless telecommunication services facilities and equipment from possible adverse environmental effects (within the confines of the Federal Telecommunications Act of 1996) related to the placement, construction or modification of such facilities; 3. Provide development which is compatible in appearance with allowed uses of the underlying zone; 4. Facilitate the City's permitting process to encourage fair and meaningful competition and, to the greatest extent possible, extend to all people in all areas of the City high quality wireless telecommunication services at reasonable costs to promote the public welfare; and, 5. Encourage the joint use and clustering of antenna sites and structures, when practical, to help reduce the number of such facilities which may be required in the future to service the needs of customers and thus avert unnecessary proliferation of facilities on private and public property. B. Applicability. All applications for the installation or development of wireless telecommunication services facilities and/or equipment must receive building permits, prior to installation. Prior to the issuance of appropriate building permits,' wireless telecommunication services facilities and/or equipment shall be reviewed for approval by the Community Development Director in conformance with the provisions and criteria of this Section (26.40.120). Wireless telecommunication services facilities and equipment subject to the provisions and criteria of this Section include cellular telephone, paging, enhanced specialized mobile radio (ESMR), personal communication services (PCS), commercial mobile radio service (CMRS), and other wireless commercial .telecommunication devices and all associated structures and equipment including transmitters, antennas, monopoles, towers, masts and microwave dishes, cabinets and equipment rooms. These provisions and criteria do not apply to non-commercial satellite dish antennae, radio and television transmitters and antennae incidental to residential use. All references made throughout this Section, 26.40.120, to any of the devices to which this Section is applicable, shall be construed to include all other devices to which this Section, 26.40.120, is applicable. C. Procedure. Pursuant to Section 26.52.020, the applicant shall conduct a pre -application conference with staff of the planning division of the Community Development Department. As a result of the conference, the planner shall prepare a pre -application summary providing the appropriate application packet including the Submission Requirements and any other pertinent land use material, review the fees associated with the review(s), and explain the review process in general. 3 After the pre -application summary is received by the applicant, said applicant shall prepare an application for review and approval by staff and the Community Development Director, respectively. In order to proceed with additional land use reviews or obtain a Development Order, the Community Development Director shall find the submitted development application consistent with the provisions, requirements and standards of Section 26.40.120. The Community Development Director may apply reasonable conditions to the approval as deemed necessary to insure conformance with applicable review criteria. If the Community Development Director determines that the proposed wireless telecommunication services facilities and equipment does not comply with the review criteria and denies the application, or the applicant does not agree to the conditions of approval determined by the Community Development Director, the applicant may apply for conditional use review by the Planning and Zoning Commission and such application must be made within fifteen (15) calendar days of the day on which the Community Development Director's decision is rendered. Proposals for the location of wireless telecommunication services facilities or equipment on any historic site or structure, or within any historic district shall be reviewed by the City's Historic Preservation Commission (HPC). Review of applications for wireless telecommunication services facilities and/or equipment by the HPC shall replace the need for review by the Community Development Director. Likewise, if the Historic Preservation Commission determines that the proposed wireless telecommunication services facilities and equipment does not comply with the review criteria and denies the application, or the applicant does not agree to the conditions of approval determined by the Historic Preservation Commission, the applicant may appeal the decision to the City Council and such appeal must be filed within fifteen (15) calendar days of the day on which the Historic Preservation Commission's decision is rendered. A building permit application cannot be filed unless and until final land use approval has been granted and a Development Order has been issued. When applying for building permit(s), the applicant shall submit a signed letter acknowledging receipt of the decision granting land use approval and his/her agreement with all conditions of approval, as well as a copy of the signed document granting the land use approval for the subject building permit application. D. Application. An application for approval of new, modified or additional wireless telecommunication services facilities and/or equipment shall comply with the submittal requirements applicable to conditional use reviews pursuant to Chapter 26.52, Common Development Review Procedures, and Chapter 26.60, Conditional Uses, of the Aspen Municipal Code. Also, wireless telecommunication services facilities and equipment applications shall contain at least the following additional information: 1. Site Plan or plans drawn to a scale of one (1") inch equals ten (10') feet or one (1") inch equals twenty (20') feet, including before and "after" photographs (simulations) specifying the location of antennas, support structures, transmission building and/or other accessory uses, access, parking, fences, signs, lighting, landscaped areas and all adjacent land uses within three -hundred (300') feet. Such plans and drawings should demonstrate compliance with the Review Standards of this Section (26.40.120(F)). 2. Site Improvement Survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified (wet ink signed and stamped, and dated within the past twelve (12) months) by a registered land surveyor, licensed in the State of Colorado. 4 3. Landscape Plan drawn to a scale of one (1 ") inch equals ten (10') feet or one (1 ") inch equals twenty (20') feet, including before and "after" photographs (simulations) indicating size, spacing and type of plantings, and indicating steps to be taken to provide screening as required by the Review Standards of this Section (26.40.120(F)(5)). The landscape plan(s) shall also indicate the size, location and species of all existing vegetation and whether each of those indicated are proposed for removal (indicate proposed mitigation), relocation (indicate from and to), or preservation. The planner can determine if a landscape plan is necessary; for instance, when an antenna is to be attached to a building, this requirement may be waived. 4. Elevation drawings or before and "after" photographs/drawings simulating and specifying the location and height of antennas, support structures, transmission building(s) and/or other accessory uses, fences, and signs. 5. Lighting plan and photometric study indicating the size, height, location and wattage of all proposed outdoor lighting sources. This study must also include a graphic indicating the spread and degree/intensity of light from each source/fixture. This requirement can be waived by the Community Development Director if little or no outdoor lighting is proposed. 6. Structural Integrity Report from a professional engineer licensed in the State of Colorado documenting the following: a. Tower height and design, including technical, engineering, economic, and other pertinent factors governing selection of the proposed design; b. Total anticipated capacity of the structure, including number and types of antennas which can be accommodated; c. Failure characteristics of the tower and demonstration that site and setbacks are of adequate size to contain debris in the event of failure; and, d. Specific design and reconstruction plans to allow shared use. This submission is required only in the event that the applicant intends to share use of the facility by subsequent reinforcement and reconstruction of the facility. 7. FAA and FCC Coordination. Statements regarding the regulations of the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC), respectively, that: a. (Required only if the facility is near an airfield) the application has not been found to be a hazard to air navigation under Part 77, Federal Aviation, Federal Aviation Regulations, or a statement that no compliance with Part 77 is required, and the reasons therefor. A letter from the Sardy Field Airport Administrator will also be required if the Community Development Director determines that the proposed facility may impact airport operations; b. (Required of all wireless telecommunication services facility or equipment applicants) the application complies with the regulations of , the Federal Communications Commission with regard to maximum radio frequency and electromagnetic frequency emissions, or a statement from the applicant that no such compliance is necessary, and the reasons therefor. 8. Evidence that an effort was made to locate on an existing wireless telecommunication services facility site including coverage/ interference analysis and capacity analysis and a brief statement as to other reasons for success or no success. 9. Written documentation in the form of a signed affidavit demonstrating a good faith effort in locating facilities in accordance with Site Selection Order of Preference outline below in Section 26.40.120(E)(2). 10. All companies and providers of wireless telecommunication service facilities and equipment within the City shall, during their pre -application conference for a new facility, be prepared to verbally outline, to the best of current knowledge, a master or 5 long-term plan for all proposed sites within a three-mile radius of the City. In particular, companies and providers should be prepared to discuss their need for the proposed site and how it fits into their existing and proposed coverage grids. E. General Provisions and Requirements. The following provisions apply to all wireless telecommunication services facilities and equipment applications, sites, and uses. Prohibitions. Lattice towers (a structure, with three or four steel support legs, used to support a variety of antennae; these towers generally range in height from 60 to 200 feet and are constructed in areas where great height is needed, microwave antennas are required, or where the weather demands a more structurally -sound design) are prohibited within the City of Aspen. Towers (support structures) shall be prohibited in the following zone districts: Medium - Density Residential (R-6); Moderate -Density Residential (R-15, R-15A, R-15B); Low - Density Residential (R-30); Residential Multi -Family (R/MF, R/MFA); and, Affordable Housing/Planned Unit Development (AH-1/PUD). All wireless telecommunication services facilities and equipment not prohibited by the preceding statements shall be allowed in all other zone districts subject to review and approval by the Community Development Director pursuant to the provisions, requirements and standards of Section 26.40.120, including consistency with the dimensional requirements of the underlying zone district. 2. Site Selection. Wireless communication facilities shall be located in the following Order of Preference: First: On existing structures such as buildings, communication towers, flag poles, church steeples, cupolas, ballfield lights, non-ornamental/antique street lights such as highway lighting, etc. Second: In locations where the existing topography, vegetation, buildings; or other structures provide the greatest amount of screening. Least: On vacant ground or highly visible sites without significant visual mitigation and where screening/buffering is difficult at best. 3. Interference. Wireless telecommunication services facilities and equipment shall operate in such a manner so as not to cause interference with other electronics such as radios, televisions, computers, etc. Claims of interference with the operations of any business or residential use of radio, television, and/or telephone devices due to the operations of wireless telecommunication services facilities and/or equipment will be subject to correction by the operator of the facility or equipment causing said interference pursuant to the provisions of Section 15.04.470 of the Municipal Code. 4. Airports and Flight Paths. Wireless telecommunication services facilities and equipment shall not present a hazard to air navigation under Part 77, Federal Aviation, Federal Aviation Regulations. Applicants proposing to locate facilities or equipment near Sardy Field and/or its flight paths shall obtain a letter of approval from the Sardy Field Airport Administration. 5. Historic Sites and Structures. Wireless telecommunication services facilities and equipment shall not be located on any historic site or structure, or within any historic district unless permission is first obtained from the City's Historic Preservation on Commission (HPC), as required by the City's historic and landmark preservation ordinances. Review of applications for wireless telecommunication services facilities and/or equipment by the HPC shall replace the need for review by the Community Development Director. In addition to the applicable standards of Chapter 26.72, all of the foregoing and following provisions and standards of Section 26.40.120 shall apply. 6. Public Buildings, Structures and Rights -of -Way. Leasing of public buildings, publicly - owned structures, and/or public rights -of -way for the purposes of locating wireless telecommunication services facilities and/or equipment is encouraged. In cases where a facility is proposed on City property, specific locations and compensation to the City shall be negotiated in lease agreements between the City and the provider on a case -by - case basis, and would be subject to all of the review criteria contained in this Section (26.40.120). Such agreements would not provide exclusive arrangements that could tie up access to the negotiated site(s) or limit competition, and must allow for the possibility of "co -locating" (sharing of facilities) with other providers as described in Section 26.40.120(E)(7), below. 7. Co -Location. Co -location, or sharing, of facilities with other providers is encouraged. Co -location can be achieved as either building -mounted, roof -mounted or ground - mounted facilities. In designing poles, applicants are strongly encouraged to consider the possibility of present or future co -location of other wireless communication equipment by structurally overbuilding in order to handle the loading capacity of additional antennas, for the use of the company and for other companies to use as well. Applicants shall use good faith efforts to negotiate lease rights to other telecommunications users who desire to use the monopole. Co -location on an existing support structure (tower) shall be permitted as an accessory use. A maximum of two (2), twenty-four (24") inch diameter dish antennas are permitted per monopole. Projections of any type on the monopole, which are not antennas, are strongly discouraged. Multiple. use facilities are encouraged as well. Wireless telecommunication services facilities and equipment may be integrated into existing or newly developed facilities that are functional for other purposes, such as ball field lights, flag poles, church steeples, highway lighting, etc. All multiple use facilities shall be designed to make the appearance of the antennae relatively inconspicuous. The co -location requirement may be waived by the Community Development Director upon a showing that either federal or state regulations prohibit the use, the proposed use will interfere with the current use, the proposed use will interfere with surrounding property or uses, the proposed user will not agree to reasonable terms, or such co - location is not in the best interest of the public health, safety or welfare. Time needed to review a co -location request shall not greatly exceed that for a single applicant. 8. Maintenance. All towers, antennas, related facilities and equipment, and subject sites shall be maintained in a safe and clean manner in accordance with project approvals and building codes. The operator/property owner shall be responsible for maintaining free from graffiti, debris and litter,- those areas of the site which are adjacent to the premises over which s/he has control. The applicant shall be responsible for reasonable upkeep of the facility and subject property. All towers, antennas and related facilities shall be subject to periodic inspection to ensure continuing compliance with all conditions of approval and requirements of this section. 7 9. Abandonment and Removal. All required approvals will be in effect only so long as the antenna(s) and other structures are operated at the site. Facilities that are not in use for ninety (90) consecutive days for cellular communication purposes shall be considered abandoned and shall be removed by the facility owner. The site shall be restored to the condition it was in prior to the installation/location of the facility. Such removal shall be carried out in accordance with proper health and safety requirements. A written notice of the determination of abandonment shall be sent or delivered to the operator of the wireless communication facility. The operator shall have ninety (90) days to remove the facility or provide the Community Development Department with evidence that the use has not been discontinued. The Community Development Director shall review all evidence and shall determine whether or not the facility is abandoned. Upon refusal or failure of an owner and/or operator to timely remove a facility as required under this section, the facility shall be deemed an abandoned illegal structure subject to abatement as a public nuisance. 10. Conditions and Limitations. The City shall reserve the right to add, modify or delete conditions after the approval of a request in order to advance a legitimate City interest related to health, safety or welfare. Prior to exercising this right, the City shall notify the owner and operator in advance and shall not impose a substantial expense or deprive the affected party of a substantial revenue source in the exercising of such right. Approval by the Community Development Director for a wireless telecommunication services facility and/or equipment application shall not be construed to waive any applicable zoning or other regulations; and wherein not otherwise specified, all other requirements of the Aspen Municipal Code shall apply. All requests for modifications of existing facilities or approvals shall be submitted to the Community Development Director for review under all provisions and requirements of this Section (26.40.120). If other than minor changes are proposed, a new, complete application containing all proposed revisions shall be required. 11. Building Permits. In addition to the codes regulating building and safety as adopted by the City, the following regulations shall apply to the establishment, installation and operation of wireless telecommunication services facilities and/or equipment in all zoning districts: a. Facilities and equipment shall be installed and maintained in compliance with the requirements of the Building Code. Installers shall obtain a building permit, and all other necessary permits, prior to installation. b. All electrical wiring associated with wireless telecommunication services facilities and equipment shall be buried underground or hidden in a manner acceptable to the Building Official; any cables that cannot be buried or otherwise hidden from view shall be painted to match the color of the building or other existing structure. c. All requirements of the Fire Department shall be met, including but not limited to, all necessary occupancy permits and inspections. d. Every antenna must be adequately grounded for protection against a direct strike of lightning with an adequate ground wire. Ground wires shall be of the type approved by the latest edition of the National Electrical Code, as adopted by the City, for grounding masts and lightning arresters and shall be installed in a mechanical manner, with as few bends as possible, maintaining a clearance of at least two (2) H inches from combustible materials. Lightning arresters shall be used which are approved as safe by the Underwriter's Laboratories, Inc., and both sides of the line must be adequately protected with proper arresters to remove static charges accumulated on the line. When lead-in conductors of polyethylene ribbon -type are used, lightning arresters must be installed in each conductor. When coaxial cable or shielded twin lead is used for lead-in, suitable protection may be provided without lightning arresters by grounding the exterior metal sheath. e. A wind velocity test shall be required if deemed necessary by the Building Official. F. Review Standards. In the interest of providing local regulation of wireless telecommunication services facilities and equipment, and to protect the health, safety, and welfare of the people of the City of Aspen by preventing significant visual impacts resulting from, and reducing safety hazards associated with the size, height and location of such cellular transmission facilities, the City has developed the following- standards. These standards are designed to foster the City's safety and aesthetic interests without imposing unreasonable limitations on wireless telecommunication services facilities and equipment. 1. Setbacks. At a minimum, all wireless telecommunication services facilities and equipment shall comply with the minimum setback requirements of the underlying zone district; if the following requirements are more restrictive than those of the underlying zone district, the more restrictive standard shall apply. a. All facilities shall be located at least fifty (50) feet from any property lines, except when roof -mounted (above the eave line of a building). Flat -roof mounted facilities visible from ground level within one -hundred (100) feet of said property shall be concealed to the extent possible within a compatible architectural element, such as a chimney or ventilation pipe, or behind architectural skirting of the type generally used to conceal HVAC equipment. Pitched -roof mounted facilities shall always be concealed within a compatible architectural element, such as chimneys or ventilation pipes. b. Monopole towers shall be set back from any residentially zoned properties a distance of at least three (3) times the monopole's height (i.e., a sixty (60) foot setback would be required for a twenty (20) foot monopole), and the setback from any public road, as measured from the right-of-way line, shall be at least equal to the height of the monopole. c. No wireless communication facility may be established within one -hundred (100) feet of any existing, legally established wireless communication facility except when located on the same building or structure. d. No portion of any antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area, but may be attached to the building. 2. Height. Wireless telecommunication services facilities and/or equipment shall not exceed thirty-five (35) feet in height or the maximum permissible height of the given zone district, whichever is more restrictive. In addition: a. Whenever a wireless telecommunication services antenna is attached to a building roof, the antenna and support system for panel antennas shall not exceed five (5) feet above the highest portion of that roof, including parapet walls, and the antenna and support system for whip antennas shall not exceed fifteen (15) feet above the highest portion of that roof, including parapet walls. b. If the building it exceeds the height limitations of the zone, and such excess height was legally established (i.e., granted a variance, approved by PUD, etc.), then 0 the combined height of the building and antenna shall not exceed the maximum height allowed by such approval unless determined by the Community Development Director to be suitably camouflaged (in which case an administrative approval can be granted). c. If the building is constructed at or above the zone district's height limit, or if combined height of the building and the antenna would exceed the applicable height limit, the additional height of the antenna must be reviewed pursuant to the process and standards (in addition to the standards of this Section, 26.40.120) of conditional use review, Section 26.60.040, unless determined by the Community Development Director to be suitably camouflaged (in which case an administrative approval may be granted). d. Support and/or switching equipment shall be located inside the building, unless it can be fully screened from view as provided in the Screening standards (26.40.120(F)(5)) below. ^ 3. Architectural Compatibility. Whether manned or unmanned, wireless telecommunication services facilities shall be consistent with the architectural style of the surrounding architectural environment (planned or existing) considering exterior materials, roof form, scale, mass, color, texture and character. In addition: a. If such facility is accessory to an existing use, the facility shall be constructed out of materials that are equal to or of better quality than the materials of the principal use. b. Wireless telecommunication services equipment shall be of the same color as the building or structure to which or on which such equipment is mounted, or as required by the appropriate decision -making authority (Community Development Director, Historic Preservation Commission, Planning and Zoning Commission, or City Council, as applicable). c. Whenever wireless telecommunication services equipment is mounted to the wall of a building or structure, the equipment shall be mounted in a configuration designed to blend with and be architecturally integrated into a building or other concealing structure, be as flush to the wall as technically possible, and shall not project above the wall on which it is mounted. d. Monopole support buildings, which house cellular switching devices and/or other equipment related to the use, operation or maintenance of the subject monopole, must be designed to match the architecture of adjacent buildings. If no recent and/or reasonable architectural theme is present, the Community Development Director may require a particular design that is deemed to be suitable to the subject location. e. All utilities associated with wireless communication facilities or equipment shall be underground (also see "Screening" below). 4. Compatibility With the Natural Environment. Wireless telecommunication services facilities and equipment shall be compatible with the surrounding natural environment considering land forms, topography, and other natural features, and shall not dominate the landscape or present a dominant silhouette on a ridge line. In addition: a. If a location at or near a mountain ridge line is selected, the applicant shall provide computerized, three dimensional, visual simulations of the facility or equipment and other appropriate graphics to demonstrate the visual impact on the view of the affected ridge(s) or ridge line(s); an 8040 Greenline Review, pursuant to the provisions of Section 26.68.030, may also be required. b. Site disturbances shall be minimized, and existing vegetation shall be preserved or improved to the extent possible, unless it can be demonstrated that such disturbance to vegetation and topography results in less visual impact to the surrounding area. 10 c. Surrounding view planes shall be preserved to the extent possible. d. All wireless telecommunication services facilities and equipment shall comply with the Federal Communication Commission's regulations concerning maximum radio frequency and electromagnetic frequency emissions. 5. Screening. Roof and ground mounted wireless telecommunication services facilities and equipment, including accessory equipment, shall be screened from adjacent and nearby public rights -of -way and public or private properties by paint color selection, parapet walls, screen walls, fencing, landscaping, and/or berming in a manner compatible with the building's or surrounding environment's design, color, materials, texture, land forms and/or topography, as appropriate or applicable. In addition: a. Whenever possible, if monopoles are necessary for the support of antennas, they shall be located near existing utility poles, trees, or other similar objects; consist of colors and materials that best blend with their background; and, have no individual antennas or climbing spikes on the pole other than those approved by the appropriate decision -making authority (Community Development Director, Historic Preservation Commission, Planning and Zoning Commission, or City Council, as applicable). b. For ground mounted facilities, landscaping may be required to achieve a total screening effect at the base of such facilities or equipment in order to screen the mechanical characteristics; a heavy emphasis on coniferous plants for year-round screening may be required. Landscaping shall be of a type and variety capable of growing within one (1) year to a landscape screen which satisfactorily obscures the visibility of the facility. c. Unless otherwise expressly approved, all cables for a facility shall be fully concealed from view underground or inside of the screening or monopole structure supporting the antennas; any cables that cannot be buried or otherwise hidden from view shall be painted to match the color of the building or other existing structure. d. Chain link fencing shall be unacceptable to screen facilities, support structures, or accessory and related equipment (including HVAC or mechanical equipment present on support buildings); fencing material, if used, shall be six (6) feet in height or less and shall consist of wood, masonry, stucco, stone or other acceptable materials that are opaque. e. Notwithstanding the foregoing, the facility shall comply with all additional measures deemed necessary to mitigate the visual impact of the facility. Also, in lieu of these screening standards, the Community Development Director may allow use of an alternate detailed plan and specifications for landscape and screening, including plantings, fences, walls, sign and structural applications, manufactured devices and other features designed to screen, camouflage and buffer antennas, poles and accessory uses. For example, the antenna and supporting structure or monopole may be of such design and treated with an architectural material so that it is camouflaged to resemble a tree with a single trunk and branches on its upper part. The plan should accomplish the same degree of screening achieved by meeting the standards outlined above. 6. Lighting and Signage. In addition to other applicable sections of the code regulating signage or outdoor lighting, the following standards shall apply to wireless telecommunication services facilities and equipment: a. The light source for security lighting shall feature down -directional, sharp cut-off luminaries to direct, control, screen or shade in such a manner as to ensure that there is no spillage of illumination off -site. 11 b. Light fixtures, whether free-standing or tower -mounted, shall not exceed sixteen (16) feet in height as measured from finished grade. c. The display of any sign or advertising device other than public safety warnings, certifications or other required seals on any wireless communication device or structure is prohibited. d. The telephone number(s) to contact in an emergency shall be posted on each facility in conformance with the provisions of Chapter 26.36 of the Aspen Municipal Code. 7. Access Ways. In addition to ingress and egress requirements of the Building Code, access to and from wireless telecommunication services facilities and equipment shall be regulated as follows: a. No wireless communication device or facility shall be located in a required parking, maneuvering or vehicle/pedestrian circulation area such that it interferes with, or in any way impairs, the intent or functionality of the original design.- b. The facility must be secured from access by the general public but access for emergency services must be ensured. Access roads must be capable of supporting all potential emergency response vehicles and equipment. c. The proposed easement(s) for ingress and egress and for electrical and telephone shall be recorded at the Pitkin County Clerk and Recorder's Office prior to the issuance of building permits. 2. Section 26.04.100, Definitions First, with the proposed amendments to the code, a new definition for the term "wireless telecommunication services facility and/or equipment" needs to be added to Section 26.04.100. The proposed definition would read as follows: Wireless Telecommunication Services Facilities and/or Equipment means cellular telephone, paging, enhanced specialized mobile radio (ESMR), personal communication services (PCS), commercial mobile radio service (CMRS), and other wireless commercial telecommunication devices and all associated structures and equipment including transmitters, antennas, monopoles, towers, masts and microwave dishes, cabinets and equipment rooms. This definition does not apply to non-commercial satellite dish antennae, radio and television transmitters and antennae incidental to residential use. A. "Cellular" means an analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites, each of which contains antenna. B. "Enhanced Specialized Mobile Radio" (ESMR) means a digital wireless communication technology that specializes in providing dispatching services. C. "Personal Communication Services" (PCS) means a digital wireless communication technology that has the capacity for multiple communications services and will provide a system in which calls will be routed to individuals rather than places, regardless of location. Next, staff proposes to amend the definitions section of the Land Use Code by refining the definition of "public facilities." The impetus for the proposed change to the definition of "public facilities" comes from the fact that in states such as Colorado that do not have a state-wide law defining such personal wireless service companies as "public utilities" (or facilities), it is highly advisable for local jurisdictions to protect their flexibility in applying land use laws to such companies. The City of Aspen Land Use Code provides numerous exceptions/exemptions for "public facilities," and these should not apply to privately owned and operated wireless telecommunication services facilities and 12 equipment. The proposed definition would read as follows, with items in bold signifying the proposed text: Public facilities means major capital improvements, including but not limited to transportation, sanitary sewer, solid waste, drainage, potable water, education, and parks and recreation facilities. Commercial wireless telecommunication services facilities and/or equipment are not public, facilities, but those used exclusively for police, fire and/or other emergency response communication systems shall be considered public facilities. Third, and for, more or less, the same reasons given for amending the definition of "public facilities," staff proposes to amend the definitions section of the Land Use Code by refining the definition of "essential services." The proposed definition would read as follows, with items in bold signifying the proposed text: Essential services means the development or maintenance by public utilities or the city of underground, surface or overhead gas, electrical, steam, fuel or water transmission or distribution systems including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants, and similar equipment. The development or maintenance of commercial wireless telecommunication services facilities and/or equipment is not an essential service, but the development or maintenance of wireless telecommunication services facilities and/or equipment used exclusively for police, fire and/or other emergency response communication systems shall be considered essential services. Finally, in an effort to remove regulatory language and review standards from the "Definitions" section (26.04.100) of the code, staff proposes to amend the definition of "Satellite dish antenna or satellite radio frequency signal reception and/or transmission device." This proposed amendment would leave the parts of the definition that actually define the terms while moving the review standards to Section 26.40.110, Satellite Dish Antennas. The proposed definition would read as follows, with items in bold signifying the proposed text and items strieken e signifying the text to be removed (and placed, instead, at Section 26.40.110): Satellite dish antenna or satellite radio frequency signal reception and/or transmission device means a dish -shaped or parabolic -shaped reception or transmission devices used for the reception and/or transmission of satellite signals, including but not limited to television signals, AM radio signals, FM radio signals, telemetry signals, data eemm„nioation signals, or any other reception or transmission signals using free air space as a medium, whether for commercial or private use;. This definition does not apply to wireless telecommunication services facilities and/or equipment including cellular telephone, paging, enhanced specialized mobile radio (ESMM), personal communication services (PCS), commercial mobile radio service (CN MS), and other wireless commercial telecommunication devices and all associated structures and equipment including transmitters, antennas, monopoles, towers, masts and microwave dishes, cabinets and equipment rooms. provided: a vielation of area and bulk requirements within the zone distr-iet in whieh it is leeated, A. Afea and Bulk Requirements. The installation of a satellite dish antenna shall not eause en The installation of a satellite dish antenna shall not eause any 4 danger antenna stFuetufe to . _Vefty in the event of eollapse or other- failure. of P. Visual impaet. highest degree pfaetioal The visibilit�, of the dish but f�otn the publie way shall be r-edueed t lifnited in the b> not > sensitive ehoiee plaeenient of 13 b b, b that beth Se-fe-i-Q.14 tile dish and does not appear to be unnatural en the 3. Section 26.40.110, Satellite Dish Antennas: The Community Development Department proposes to amend Section 26.40.110, Satellite Dish Antennas, by slightly revising paragraph "A," including the regulatory language that is currently included in the Definitions section of the code, and adding the proposed, new sub -sections that are described below. The amended Section 26.40.110 would read as follows, with items in bold signifying the proposed text and items strieken e signifying text to be removed: 26.40.110 Satellite dish antennas. A. Satellite Dish Antennas. 1. Satellite dish antennas twenty-four (24) inches in diameter or less must receive building permits, if required, prior to installation. Prior to the issuance of appropriate building permits, satellite dish antennas twenty five (25) inches e greater than twenty-four (24) inches in diameter shall be reviewed and approved by the Community Development Director in conformance with the following criteria: of -Section 26.60 04 0(B) d(G). a. The proposed use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and b. The location, size, design and operating characteristics of the proposed use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. c. Area and Bulk Requirements. The installation of a satellite dish antenna shall not cause a violation of area and bulk requirements within the zone district in which it is located, unless a variance is granted by the Board of Adjustment. d. Right-of-way. A satellite dish antenna shall not be placed on an easement or in the city right-of-way, unless an encroachment permit is secured. e. Increased Danger. The installation of a satellite dish antenna shall not cause any increased danger to neighboring property in the event of collapse or other failure of the antenna structure. f. Visual Impact. The visibility of the dish from the public way shall be reduced to the highest degree practical including, but not limited to, sensitive choice in placement of the dish, screening with fencing, landscaping, subgrade placement, or any other effective means that both screen the dish and does not appear to be unnatural on the site. 2. The Community Development Director may apply reasonable conditions to the approval deemed necessary to insure conformance with said review criteria. If the Community Development Director determines that the proposed satellite dish antenna does not comply with the review criteria and denies the application, or the applicant does not agree to the conditions of approval determined by the Community Development Director, the applicant may apply for conditional use review by the Planning and Zoning Commission. 3. B-. Procedures established in Chapter 26.52, Common Development Review Procedures, shall apply to all satellite dish antennas. 14 4. Section 15.04.470, Radio Interference Prohibited: The Community Development Department proposes to amend Section 15.04.470, Radio Interference Prohibited, of Chapter 15.04, Miscellaneous Offenses and Penalties in order to include provisions for ameliorating claims of interference caused by wireless telecommunication services facilities or equipment. As currently written, the Section 15.04.470 requires that the "building inspector or other designated municipal officer" investigate complaints by conducting highly technical and specialized studies that no current city employees would be qualified to carry out. The proposed amendment would require that the City coordinate these studies and administer enforcement mechanisms. It would also provide for a determination as to whom would be responsible for bearing the costs of such investigations. The amended Section 15.04.470 would read as follows, with items in bold signifying the proposed text and items stfie -en e signifying text to be removed: 15.04.470 Radio interference prohibited. (a) It shall be unlawful for any person to operate within the limits of the city, any electrical device, machine or equipment which needlessly and unnecessarily causes interference with radio reception, which such interference can be reasonably prevented by means of repair, adjustments, the installation of corrective appliances or other practicable alterations. (b) The administration and enforcement of this section shall be entrusted to and imposed upon the building i other designated esignate ,.,.,unie;p al „ ffiee.. City Zoning Officer whose duty it shall be to investigate complaints of radio interference,—leeate the sou ee of s„eh in+orforenee by finding a qualified, mutually agreeable third party to test actual site conditions, locate the source of such interference, and advise and make recommendations as to its elimination. The Zoning Officer who is hereby authorized to issue orders for such repairs, adjustments, or alterations to be complied with within a reasonable length of time, as shall be practicable and reasonably necessary to prevent the continuance of such interference. The cost of testing shall be borne by the facility/equipment operator for the first claim made by a claimant, then by the claimant for subsequent claims; however, costs of testing for all verified cases of interference shall be reimbursed to the claimant by the operator of the facility/equipment causing said interference. (c) The building inspector er other designated o ffi .• l Zoning Officer shall, upon presentation vuaiuii of his/her badge or other evidence of his/her authority, have the right of access to any premises at any reasonable hour for the purpose of inspecting this the installation and operation of any device or equipment coming within the provisions of this section. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission advise City Council to approve the Wireless Telecommunication Services Facilities and Equipment code amendments as proposed in this Community Development Department memorandum, dated July 21, 1998. RECOMMENDED MOTION: "I move to recommend to Council adoption of the proposed amendments to the Aspen Land Use Code, as described in the staff memorandum dated July 21, 1997." 15 PUBLIC NOTICE RE: WIRELESS TELECOMMUNICATION SER- VICES FACILITIES AND EQUIPMENT CODE AMENDMENTS NOTICE IS HEREBY GIVEN that a public hear- ing will be held on Tuesday, July 21, 1998 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, City Council Chambers or the Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by City of Aspen Community Development Department, request- ing approval for Proposed Code Amendments creating or revising the following Sections of the Aspen Municipal Code: Section 26.40.120, Wireless Telecommunication Services Facilities and Equipment; Section 26.04.100, Definitions; Section 26.40.110, Satellite Dish Antennas; and, Section 15.04.470, Radio Interference Prohibited. The proposed code amendments would establish a means and process by which the City would regulate the installation and maintenance of wireless telecommunication services facilities and equipment, add a few new de:n: a to the iand use code while mod .t..,o..ns ., flying a few existing definitions, reorganize the existing satellite dish antenna regulations, and alter the radio interference provisions. For fur- ther information, contact Mitch Haas at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095. s/Sara Garton, Chair Aspen Planning and Zoning Commission Published in The Aspen Times on July 4, 1998.