HomeMy WebLinkAboutagenda.apz.19980915AGENDA
ASPEN PLANNING & ZONING COMMISSION
REGULAR MEETING
TUESDAY, SEPTEMBER 15, 1998, 4:30 PM
COUNCIL CHAMBERS, CITY HALL
L COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II. DISCLOSURE OF CONFLICTS OF INTEREST
III. MINUTES (07/21/98, 08/04/98, 08/18/98)
IV. PUBLIC IIEARINGS
4:,~5~5:15A. 934 W. Francis, Conditional Use for 2 ADUs, Mitch
5:15-5:4~ B. Branding Group, ADU, Stream Margin, 270 North Spring Street,
Chris Bendon ~x~'f~~
V. NEW BUSINESS
s:45-6:15 A. 303 E. Main, Special Review for Trash, Amy Guthr e/k : C l
VI. ADJOURN
NOTE: These times are approximate, and applicants should plan to be present approx~nately 1/2 hour prior to their
case time estimated.
CITY AGENDAS
9/14 City Council (5:00)
CANCELED
9/15 City Planning & Zoning (4:30)
City Notice 8/25
Branding Group ADU, Stream Margin, 270 North Spring St., Public Hearing (CB)
934 W. Francis, Conditional Use for Two ADU's, Public Hearing (MH)
303 E. Main, Special Review for Trash (AG)
9/21 City Council (5:00)
City Notice 9/1
Special Meeting with HPC
930 King Street, Landmark and Lot Split, Public Hearing (AG)
9/22 City Planning & Zoning (4:30)
City Notice 9/1
Special Meeting with City Council
Meadows SPA Amendment (Music Tent), Public Hearing (CB)
9/23 HPC (5:00)
City Notice 9/1
920 W. Hallam, Off -Site Relocation, Public Hearing (MH)
240 Lake, Final, FAR Bonus, Public Hearing (AG)
City Hall, Minor (SC)
735 W. Bleeker, Conceptual and Variance, continued from 9/9 (AG)
9/28 City Council (5:00)
City Notice 9/8
Meadows SPA Amendment (Music Tent), 1 st Reading (CB)
Aspen Country Inn AH1-PUD Amendment, Public Hearing (CB)
Code Amendment, HPC Review Process, 1 st Reading (AG)
Code Amendment, Small Lodge Mitigation, Public Hearing (BN)
Annexation Plan Reauthorization, Resolution (SC)
Amendments to the Tipple Lodge Subdivision Exemption Agreement, First Reading (MH)
Extension of Pomegranate Plat Filing Requirement, Resolution Consent (CB) -
10/6 City Planning & Zoning (4:30)
City Notice 9/15 1, . .
Code Amendment, HPC-Review Standards, Public Hearing (AG)
P&Z Survey of Staff Effectiveness
126 Park Ave., Conditional Use for an ADU & Residential Design, Public Hearing (CB)
Code Amendment, Security Company Signage, Public Hearing (MH)
Code Amendment, Definitions for SCI Uses, Public Hearing (CB)
10/8 BOA (4:00)
Staff Effectiveness Survey
10/13 City Council (5:00)
City Notice 9/22
Meadows SPA Amendment (Music Tent), 2d Reading Public Hearing (CB)
10/13 City Planning & Zoning (4:30) Library.
City Notice 9/22
GMC, Joint Meeting with County Planning & Zoning
Tipple Lodge, GMQS Exemption, Public Hearing (MH)
Aspen/Glenwood Spring CIS, Work Session
10/14 HPC (5:00)
City Notice 9/22
514 N. 3rd St., Variance, Public Hearing (AG)
202-2.08 E. Main, Landscape Changes, Minor (AG)
Uriah Heeps space, Minor (AG)
222 E. Hopkins, Minor and Site Visit (AG)
10/20 Cty Planning & Zoning (4:30)
City Notice 9/29
7th & Main AH Work Session (BN)
Marcus Stream Margin Review, 610 Riverside Avenue (CB)
Code Amendment, LP Zone Special Review, Public Hearing (CB)
10/26 City Council (5:00)
City Notice 10/6
Code Amendment, HPC Review Process, 2d Reading Public Hearing (AG)
.Amendments to the Tipple Lodge Subdivision Exemption Agreement, 2d Reading Public
Hearing (MH)
735 W. Bleeker, Landmark ,1st Reading, (AG)
10/28 HPC (5:00)
City Notice 10/6
7th & Main AH Work Session (BN)
11/3 City Planning & Zoning
City Notice 10/13
Small Lodge Change -In -Use Applications Due (Lottery November 17 P&Z Meeting), (BN)
Truscott Place AH Work Session (BN)
11/9 City Council
City Notice 10/20
7th & Main AH Work Session (BN)
2
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Deputy Director of Community Development
FROM: Mitch Haas, Planner
- ?
RE: 934 West Francis Street Conditional Use for Two (2) Accessory Dwelling
Units (ADUs), and Variances from the Residential Design Standards - Public
Hearing. Parcel ID 2735-123-0013
DATE: September 15, 1998
SUMMARY: The applicant is requesting Conditional Use approval to construct two (2)
Accessory Dwelling Units (ADUs). The applicant owns Lots 1 and 2 of the Hower
Subdivision Exemption (Lot Split approved via Ordinance Number 39, Series of 1997), and
intends to construct a single-family residence with a corresponding ADU on each of the two
lots. The proposed ADUs would be located above the garages along the alley and 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 residences
pursuant to City Land Use Regulations.
The applicant IS seeking FAR bonuses. for each ADU pursuant to Section 26.40.090(E) as
the ADUs are subject to conditional use review and approval by the Planning and Zoning
Commission, will be deed restricted and registered with the housing office, and will be
available for rental to eligible working residents of Pitkin County. It has been the uncodified
policy of the Housing Office and the Planning and Zoning Commission to require mandatory
occupancy of all ADUs for which FAR bonuses have been granted, but the owner would still
retain the right to select the renter for the unit and set the rental rate.
Community Development staff recommends that the Conditional Use and associated
FAR bonuses for the two (2) Accessory Dwelling Units (ADUs) at 934 West Francis
Street (Lots 1 and 2 of the Hower Subdivision Exemption Plat) be approved, subject to
conditions.
APPLICANT: Running Bear, LLC., represented by John Galambos (architect)
LOCATION: 934 West Francis Street (Lots L, M, N, and O, Block 3, City of Aspen and
Part of the W 1/2 of Section 12, T 10 S, R 85 W of the 6th P.M., County of Pitkin, State of
Colorado) is located at the westerly end of and on the north side of West Francis Street.
ZONING: Medium -Density Residential (R-6)
CURRENT LAND USE: The two lots currently contain a split-level single-family house
that straddles the adjoining property line between Lots 1 and 2. The existing house would be
demolished prior to the redevelopment of the site.
LOT SIZE: Lot 1 of the Hower Subdivision Exemption Plat contains 6,735 square feet of
land, and Lot 2 has an area of 6,000 square feet. The R-6 zone requires a minimum of 6,000
square feet per unit, and ADUs do not count as units of density.
EXHIBIT
1
ALLOWABLE FAR: Lot 1 has an allowable FAR of 3,331 square feet, and Lot 2's
allowable FAR is 3,240 square feet.
PROPOSED LAND USE: Two detached single-family residences where each of the two
primary residences would have an associated Accessory Dwelling Unit.
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 26.28.040, Medium -Density Residential (R-
6); Section 26.60.040, Standards Applicable to All Conditional Uses; and, 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 for both residences
complies with the requirements of said section, with the exception of the "volume" standard
as it applies to the east and north elevations of the house on Lot 1 (westerly house), and all
four elevations of the house on Lot 2 (easterly house). The applicant is seeking a variance
from this standard. The Commission will serve as the DRAC when evaluating this request.
BACKGROUND: City of Aspen Ordinance Number 39, Series of 1997 approved a
Subdivision Exemption for a Lot Split creating the two subject lots. Under the terms of this
ordinance, both lots are required to mitigate for affordable housing pursuant to Section
26.100.050(A)(2)(c) of the Municipal Code. The prior existence of a house on the property
would have entitled one of the two new lots to a floor area credit that could have been put
toward a cash -in -lieu payment; however, instead of building one ADU and paying cash -in -
lieu for the other lot, the applicant has decided to construct two ADUs.
Both of the currently proposed ADUs would be attached to the rear of the corresponding
primary residences, above the garages. As proposed, the ADU on Lot 2 would contain
approximately 423 square feet of net livable area, and the ADU on Lot 1 would contain
approximately 416 square feet of net livable area. Thus, if FAR bonuses are approved, 212
square feet of the Lot 2 ADU's floor area would count toward the allowable FAR on its lot,
and 208 square feet of the Lot 1 ADU's floor area would count toward the allowable FAR on
that lot. Each of the two ADUs would have its own kitchen, bathroom, and access, as
required by code. The proposed off-street parking for the ADUs would be located parallel to
(along) the alley and on the corresponding lot, but separate from the driveways 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 two new
residences, provided the homes comply with the City Land Use Regulations.
STAFF COMMENTS:
Section 26.40.090, Accessory Dwelling Units
The ADUs proposed on Lots 1 and 2 would contain approximately 416 and 423 square feet
of net livable area, respectively (See Exhibit A). Both ADUs would be deed 'restricted,
N
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 set the rental rates and select a qualified employee(s) of his/her
choosing in their ADU. One (1) off-street parking space will be provided on -site for 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, Medium -Density Residential
(R-6). All of the dimensional requirements will be met, including those associated with floor
area, height, site coverage, and setbacks.
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 overtly distinct in terms of external
appearances as they have been designed to appear as part of the primary residences (houses)
with the exception of a stairway from the ground level at the rear of the structure; thus, they
will be compatible with and subordinate in character to the primary residences. 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, and multi -family residences. 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-6 zone district "is to provide areas, for long term residential
purposes with customary accessory uses ... Lands in the Medium -Density Residential (R-6)
zone district are generally limited to the original Aspen Townsite, contain relatively dense
settlements of predominantly detached and duplex residences, and are within walking
distance of the center of the city. " The proposed ADUs would be in harmony with the
purpose of the R-6 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 (the 8th Street bus stop
is one block away). ADUs are allowed as conditional uses in the R-6 zone district.
3
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, market and implement Cottage Infill and Accessory Dwelling Unit programs;"
• "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. Also see the last
paragraph of the Section 26. 40.090, Accessory Dwelling Units portion of this memo, above.
(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 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 structures
would be within an existing, well -established neighborhood.
(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
rental to eligible working residents of Pitkin County for periods of not less than six months
in duration, thereby serving the need for increased affordable housing in the City of Aspen.
4
As the applicant is requesting FAR bonuses with each ADU, occupancy would be mandatory
with the caveat that the owner would still retain the right to set the rental rates and select the
renter provided the renter qualifies under the rules and regulations of the Housing Authority.
(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 by 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, Residential Design Standards
The proposed designs of the 934 West Francis Street Residences were reviewed by staff
against the Residential Design Standards of Section 26.58.040. Staff found the proposed
designs 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, and non -orthogonal windows in any areas that lie between nine (9) and fifteen
(15) feet above the height of the floor plate.
As proposed, the east and north elevations of the house on Lot 1 (westerly house), and all
four elevations of the house on Lot 2 (easterly house) contain violations of the volume
standard. On Lot 1's house, there is one small square -shaped window in a gable end of the
east elevation, and two small square -shaped windows in the gable end of the north elevation
that violate the window standard. On Lot 2's house, the following violations of the volume
standard are proposed: on the east elevation, one set of windows in the gable end and
another in the dormer; on the west elevation, the sets of windows in both dormers and the set
in the gable end; on the north elevation, the set of windows in the gable end; and, on the
south elevation, the sets of windows in both gable ends.
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 staff s 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
the "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
E
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 variances are 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 following paragraphs discuss the requested
variances relative to the variance standards, and are organized by house and elevation.
Lot 1 (Westerly House :
The proposed design for the Lot 1 house contains "volume" standard violations on its east
and north elevations only (the south and west elevations comply as proposed). The east
elevation would face the house on Lot 2, and the north elevation would face the alley. On
the Lot 1 house, there is one (1) small square -shaped window in a gable end of the east
elevation, and two (2) small square -shaped windows in the gable end of the north elevation
that violate the window standard. The noncomplying windows on the east elevation have an
area of four square feet (2' x 2'), and the subject windows on the north elevation are a side -
by -side set of the same type of windows (2' x 4' = 8 sq. feet). The windows on the north
elevation would provide the ADU with eight (8) extra square feet of light, but the complying
windows would already provide the ADU with almost 140 square feet of glazing. The
window on the east elevation, would provide extra light to a stairway (as opposed to livable
space) that would already include some sixty (60) square feet of complying glazing.
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. 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 Francis Street right-of-way (street -facing elevation) 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
without the variances. 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.
Lot 2 Easterly House:
The proposed design for the Lot 2 house contains "volume" standard violations on all four of
its elevations. Specifically, the following violations of the volume standard are proposed:
on the east elevation, one set of windows in the gable end and another in the dormer; on the
west elevation, the sets of windows in both dormers and the set in the gable end; on the
rel
north elevation, the set of windows in the gable end; and, on the south elevation, the sets of
windows in both gable ends.
The violating windows of the east elevation are similar to two of those discussed in reference
to the Lot 1 house. Each set of noncomplying windows on the east elevation have an area of
roughly eight square feet (2' x 4'). The windows in the dormer would provide the ADU with
eight (8) extra square feet of light, but the complying windows would already provide the
ADU with over 120 square feet of glazing (all sides combined). The set of windows in the
gable end would provide extra light to a stairway (as opposed to livable space) that would
already include some forty-eight (48) square feet of complying glazing on the same level.
Thus, staff concludes that the noncomplying windows of the east elevation are not necessary
for reasons of fairness, nor do they more effectively provide 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 complying design.
The noncomplying windows of the west elevation are of the same nature as those described
in reference to the east elevation, except that none of these would be in a stairway. The
windows located in the dormer closer to the front of the house could easily be redesigned to
comply with the volume standard by making the top straight, as opposed to the proposed
arch -shape. These windows do not comply simply because they are non -orthogonal, but if
they were made to be rectilinear, the violation would be eliminated. The other non-
complying windows of the west elevation are superfluous and do not meet the standards for a
variance. Staff recommends that the west elevation be redesigned to' eliminate all volume
violations.
The north elevation contains one set of three non -complying, non -orthogonal windows.
These windows would provide the ADU with approximately thirteen (13) extra square feet
of light, but the complying windows would already provide the ADU with over 120 square
feet of glazing, which is more than adequate to satisfy the natural light requirements. Only
43 square feet of glazing are needed to meet the UBC requirements for natural light.
The south, street -facing elevation contains two sets of non -complying, non -orthogonal
windows. 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.
Having these non -complying windows would not, in staff s opinion, more effectively
provide 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 without the variances. 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 with conditions. With the recommended conditions
of approval, the proposal meets or exceeds all standards applicable to the review of
Accessory Dwelling Units as conditional uses. With regard to the Residential Design
Standards, staff does not believe the requested variances meet any of the criteria necessary
for approval, and as such, the applicant should be made to redesign the glazing to comply
with the letter of the volume standard.
W
RECOMMENDATION: Community Development staff recommends that the conditional
use request for an Accessory Dwelling Unit on Lot 1 and another on Lot 2 of the Hower
Subdivision Exemption (Lot Split) at 934 West Francis Street 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;
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 requiring
mandatory occupancy, 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 separated from the primary residences by lock -off doors
of the variety typical of hotel suites (set of two adjoining doors);
e. Provide a minimum of one 8.5' x 20' on -site 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 right-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 either building is found to contain 5,000 square feet or more of gross 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 each ADU and the principal residences;
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; and,
b. 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;
• 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). The applicant shall also make a good faith effort to preserve
the trees numbered as 8, 13, and 14 on the Site Improvement Survey.
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. In the driveways that serve as access to the garages of the primary residences, only
parallel parking shall be permitted, and standard head-in/out parking in these driveways
is prohibited due to inadequate depth.
9. All fencing located forward of the front setback lines of both lots shall be visually
permeable with a height not to exceed four (4) feet from finished grade, and shall allow
for compliance with the open space requirements of the zone district.
10. The applicant shall receive an FAR bonus on each lot equal to 50% of the net livable
area of the ADU on that lot.
11. All proposed glazing on both structures shall comply with the provisions of the
Residential Design Standards.
12. 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 an entity having
authority to do so.
RECOMMENDED MOTION: "I move to approve the conditional use request for the two
(2) proposed Accessory Dwelling Units at 934 West Francis Street with the conditions
outlined in the Community Development Department memo dated September 15, 1998."
EXHIBITS: "A" - The submitted Land Use Application
M
=POM �SPEW�P I TK I N M -'-:El)T TO � 5 0 P . �9
-AND USE APPUCA'nOPI
PROJECT;
f Name; ci f G , ro�K q-,J Tk6, tea..,
u
jLccauon: �7,4 �,c). ��uwG�s �r L s un („b,.,wb�.� i- �'; o ['�t��� ��� v 63
Jadicam street address, lot & block -number, legal description Where appropriate!
APPUCANT:
.game: 1Z""tif L.�
Address:?�j, 5 -�i ►� yZ Pest , C n l L t f
Phone 4: G'Z5 ` S-1 -7 5
!q5PR1!SeNTA-nvi!:
Name, fix. �^r'l a�ic� 5 S � `ti. � +..1 �zs 1� � � � � + 2 LA iE23
Address: 45`zz, F �rk %4 w—m , y �► �e- -4o I 1
Phone #: °1Z-5-�1io r ";o 4" L�jQ
TRIPE OF AppucAno (please check ail that appiv):
Conditional Use
❑
Conceptual Pi.Tb
❑'j
Lonceprual Historic Devr~
:`Special Review
❑
Final PE:D (& ?I,rD Amend=, t)
❑
Foul Historic Development
j
Design Review .4peal
❑
Concepn:ai SPA
❑
Nlinar Historic Dept.
OTIMQS Allotment
❑
rtnal SPA (& SPA Amendment)
❑
Historic Demolition
_
GIQSxetnption
❑
Subdivision
❑
Historic Designation
`❑
SSA - 0 Q C-=eniine. Stream
Subdivision Exerrpdcn (inciudes
C
Small Lodes Conversion/
Vlarain, Hallam Lake Bluff,
condom=' Umizsticn)
Expansion
"Icuntain View Plane
7
Lot Split
❑
Tampolm-r Use
uClI:
❑
L;,t Line Adjustment
❑
Text/Map ,amendment
EMSTING CONDITIONS: (description of existing buildings. uses, previous ataprovais etc.1
�D15�� C� C�t''t' S (► `� ��ctuC r 3
PROPOSAL.: (description of proposed buildings, uses, modifications, etc,
Z GW i d C sn-G �S Sew (ate S LJ G- A AD D S
Have you attached the following?
❑ Pre -Application Conference Summary
❑ Attachment # 1, Signed Fee Agreement
❑ Rcspomc to Attachment #?, Dimensional Requirements Form
❑ ReSPOW Co A[Mhment 43, Minimum Submis&ion Contents
❑ Response to Attachment #4, Specific Submission Contents
❑ Response to Attachment #5, Review Standards for Your Application
FIMS DUE:
EXHIBIT
W
• A
IA`r'-?6-1998 c De = KOM ASPEN/ P I Th I N COM DEU i 0
ATTACHMENT 2
0IMENSIONAL REQUIREMENTS FORM
°roject:aHi fix✓ , LLc- 3ro��. ;3a,,✓- �L V�v�`-..�
Applicant: ZkK� µ 1% L Le -
Location: i 3 4 =� �rowC i t � � �► � � � � �* �Q 'y o ��•�
Zone District:
Lot Size:
Lot .Area: �l �� 1 ~ A k' - F00r -
(for the purposes of calculating moor .Area, Lot Area may be reduced for areas
within the high eater mark, =semenm and steep slopes. Please refer to the
definition of Lot area in the Municipal Code.)
Commerciai net leasable:
'dumber of residential units:
Number of bedrooms:
Existing: t'ronosed'
RZisting: Proposed.
Existing: Proposed:
Proposed % of demolition (Historic properties only):
DIMENSIONS:
, 3,
door :area:
Existing:
Allowable: Proposed: 3, 77 3!
Principal bldg. height:
E:isring:
Allowable: ;1 5 r Proposed:
Access. bldg, height:
Zrisring:
Allowable: A)l m" Proposed: 14)A
On -Site parking:
Existing:
Required: S = (ft Proposed: 3 ?e- (0+
Site coverage:
Existing:
Required: ^J /A Proposed.
%' Open Space:
Eriving:
Required: Proposed:
Front Setback:
Existing:
Required: ? �' Proposed. o- ,
Rear Setback:
Existing: Required: Proposed: l�
Combined FAR:
Existing:
Required: '�a' Proposed: 3a �
Side Setback:
s' s '
Existing. Required: Proposed:
Side Setback:
14
Existing: Required: '�C Proposed:_ e
'
Combined aides:
Existing:
Required: Proposed: C
vsifts
Existing non -conformities or encroachments:
Variations requested: A,)o 4—
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Running Bear Development
Brown Bear Residence; Lots L and M, Block 3
Black Bear Residence; Lots N and O. Bloch 3
934 W. Francis
City of Aspen, Colorado
Application for Conditional Use for an Accessory Dwelling Unit located at each proposed residence
May 29, 1998
RESPONSE TO ATTACHMENT 5-A:
A. These proposed ADUs for these two residences is consistent with the purposes, goals, objectives and
standards of the Aspen Area Comprehensive Plan. The goal of the housing plan is to house 60% of the
work force up valley from Aspen Village. This proposal adds two studio units to the housing pool to
be used to house qualified employees. Every small step is important to decreasing the number of
workers forced to live down valley. This proposal also decreases the congestion on Highway 82
because the units are in the West End within walking distance to town and one block from the 8"` meet
bus stop. This proposal is an urban infill development, which locates the ADUs within an established,
in -town location. Therefor, this proposal is consistent with the Aspen Area Comprehensive Plan. The
proposed residences are located in Zone R b, :Medium -Density Residential. This zoning allows for
ADUs as a Conditional Use.
B. This proposal for two ADUs is consistent and compatible with the character of the immediate vicinity
and enhances the mixture of complimentary uses and activities in its neighborhood. The character of
the block on which this project is located already has a good mix of residences; smaller house with
attached apartments, a large, mostly unoccupied home, and the home of a long-time local. This
proposal would adds two houses and two ADUs which will only adds to the character of the
neighborhood.
C. The location, size, and design of this proposal minimizes adverse affect due to development. The
ADUs of this proposal are located on the alley, which fits the size and design desired for, US.
There is off street parking provided for each unit, which minimizes the visual affect of cars parked on
the road. And eliminates the conflict that occurs when driveways intersect sidewalks. These ADUs
are located one block away from the 8'h street bus stop will encourage its residents to walk instead of
using their cars. This minimizes the impacts of vehicular circulation and noises and odors associated
with driving.
D. The proposed ADUs are located within the City of Aspen and there are adequate public facilities to
service this project. it is on city water, power, and sewer. It is also located within 10 minutes of the
police, fire department, emergency room, and the school system.
E. By building these units, the applicant commits to supply affordable housing to meet the needs of the
increased employees generated by this conditional use.
F. These proposed ADUs complies with all the additional standards imposed on it by the Aspen Area
Comprehensive Plan.
Running Bear Development
Brown Bear Residence; Lots L and K Block 3
Black Bear Residence; Lots N and O, Block 3
934 W. Francis
City of Aspen, Colorado
Application for Conditional Use for an Accessory Dwelling Unit located at each proposed residence
May 29, 1998
RESPONSE TO A17ACIIMEW 5-B:
1. The proposed ADUs are compatible and subordinate in character with the primary residence located on
the property. The ADUs are located above the garages on the alley side of the two proposed
residences and are subordinate to the primary residence. They are attached to the house and are
designed to appear as if they are part of the house. They are in character with the surrounding
residences as well. They won't create a density pattern inconsistent with the established neighborhood.
See response to attachment 5-A, questions a, e, and D.
2. This proposal is not requesting any variances to setbacks, height, floor area, or site coverage.
3. This is not a historic residence or a nonconforming stricture since it is new construction.
EXAIBi
TREE LEGEND
TREE
DRIP LINE
1. 4' SPRUCE
9.0'
2. 0.7' ASPEN
5.0'
3, 1.0' ASPEN
10.0'
4. 0.7' ASPEN
5.0'
5. 0.7' ASPEN
10.0'
8. 1.3' STANDING DEAD SPRUCE
7. 2-1.0', 1.0.6'ASPEN
14.0'
8 0.4' ASPEN
7 0'
9 0.5' ASPEN
6.6'
10. 0.5' ASPEN
6.8'
11. 0.5' ASPEN
7.5'
12. 0.5' ASPEN
7.0'
13. 4.0.3' ASPEN
9.0'
14 6-0.2.0.4' ASPEN
10.0'
15. 0.6'. 0 7' ASPEN
10.0'
16. 0.8' ASPEN
10.0'
17. 0.8' ASPEN
7.0'
18 0.7' ASPEN
9.5'
19. 0.T ASPEN
4.0'
20 1 7 ASPEN
15 0'
21 1 3' SPRUCE
12S'
22. 0.8' STANDING DEAD SPRUCE
23. 1.4SPRUCE
8.8'
24, 2.0.7' ASPEN
10.0'
A L L E Y B L 0 C K
Z
J
S. 75.09'II".
/ 133.7ti
04
N_
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p3 I O_
O NJ
49.25
62
$ I
"c
I 7.0'
N SPLIT LEVEL HOUSE L �+'• �E�t� '�I�,r
6 I a �-
100 U 0
I 2l.2 I
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N. 750 0911' W. 120.94'
4 I i
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FRANC I S S T R E E T
CARL R. CARMICHAEL, P.L.B.
P.O. BOX 1367
CARBONDALE,COLORADO 91e23
(30b-983-OT57)
0 5 10 20 30 40 50 FEET
SCALE: 1 ' =10'
��- 10+ BASIS OF BEARINGS: A BEARING OF S 75139'11'E. BETWEEN A FOUND NO 5 REBAR AND CAP LS 9184 AT
THE NORTHWEST CORNER AND A FOUND NO 5 REBAR AND CAP LS 9181 AT THE NORTHEAST CORNER OF THE
HEREON DESCRIBED PARCEL WERE USED AS A BASIS OF BEARINGS FOR THIS SURVEY
Su►wyod MAY 1998 Ravworw
Dratted MAY 1990
NOTES:
I ELEVATIONS ARE BASED ON AN ASSUMED ELEVATION OF 100.0'. ON TOP OF THE PROPERTY CORNER
MARKING THE SOUTHEAST CORNER OF THE PARCEL.
2 CONTOUR INTERVALS ARE 2 FEET
3 THIS MAP IS INVALID AS A LEGAL DOCUMENT AND POSSESSION OR USE OF THIS MAP IS UNAUTHORIZED
BY THIS SURVEYOR UNLESS IT BEARS THE ORIGINAL SIGNATURE ANO WET STAMP OF CARL R.
CARMICHAEL. P L.S 24303. REPRODUCTIONS OF A PLAT OR MAP PREPARED BY THIS SURVEYOR AND
WITHOUT AN ORIGINAL SIGNATURE AND WET STAMP MAY CONTAIN FRAUDULENT. ERRONEOUS OR
MISLEADING INFORMATION DOCUMENTS PREPARED BY THE SURVEYOR AND WITHOUT A SIGNATURE
AND WET STAMP ARE TO BE VIEWED AS PRELIMINARY AND ALL INFORMATION SHOWN THEREON
SUBJECT TO CHANGE
LEGAL DESCRIPTION
LOTS L M, N, AND O, BLOCK 3. CITY OF ASPEN AND PART OF THE W % OF SECTION 12, T 10 S. R 85 W OF THE
6-P M BEING MORE FULLY DESCRI8ED AS FOLLOWS.
BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY BOUNDARY LINE OF SAID LOT L AND
LINE 8.7 ASPEN TOWNSITE WHENCE CORNER NO 8 (A STONt: MONUMENT) BEARS N. 07`3224- E. 713.82';
THENCE N. 75'09*11" W., 20.02';
THENCE N. 07'3724' E- 100.82';
THENCE S. 75'09'11' E. 133.78' TO THE NORTHEASTERLY CORNER OF SAID LOT 0;
THENCE S. 14'50'49' W. 100.W;
THENCE N. 750711' W: 100 92' TO THE POINT OF BEGINNING CONTAINING 12735 SO. FT. MORE OR LESS.
COUNTY OF PITKIN, STATE OF COLORADO
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THIS TOPOGRAPHIC MAP WITH TIREE LOCATIONS AND DRIP LINES ACCURATELY
DEPICTS
HE HEREON DESCRIBED PARCEL OFFORMED LAND THIS DER IS NOT A 13OUNDIARY SURVEYPLAT
ECTION ON MAY 1, 199a.
OF TPLAT OR IMPROVEMENT
SURVEY PLAT
CARL R CARMICHAEL, PLS 24303 0 RE
DATE: MAY 27. 1998
BY:
A
IN ukAD
5 1 1998
Title IMPROVEMENT 5t{J{ry�y'yyyy Pf�CTBEj Y '
C017�ir'!L�'4Np-: LL✓� n 1T
Job
0
CITY ENGINEER'S CERTIFICATE
This final plat of the Hower Lot Split is approved try the CRY of Aspen Department of Engineering this
day of 18
City Engineer
COMMUNITY DEVELOPMENT DIRECTOR'S CERTIFICATE
I. Community Development Director for the City of Aspen,
Colorado, do hereby approve of the Hower lot Sptil.
Community Development Director Date
W
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VICINITY
MAP
0 Teo 240 • 100 qco 00
GRAPHIC SCALE �tA
TREE LEGEND
TREE DRIP LINE
1. 4' SPRUCE 9.0'
2. 0VASPEN' 5.0'
3. 1.O' ASPEN 10.0'
4. 0.7' ASPEN 5.0'
5. O.T ASPEN 10.0'
8. 1'T STANDING DEAD SPRUCE
7. 2.1.0', 1-0.6'ASPEN 14.0'
8. 0.4' ASPEN 7.0'
9. 0.5' ASPEN 6.8'
10. 0.5' ASPEN 6.6'
11. 0.5' ASPEN 7.5'
12' O.V ASPEN 7.0'
13.4.0.3'ASPEN 9.0'
14. 8.0.2.0.4' ASPEN 10.0'
15. 00, O.T ASPEN 10.0'
18.00ASPEN IDA,
17. 0.8' ASPEN 7.0'
18. O.TASPEN 9.5'
19.0.XASPEN 4.0'
20. 1.2' ASPEN 15.0'
21. 1.T SPRUCE 12.5'
22. 0.8' STANDING DEAD SPRUCE
23. I*SPRUCE 6 8'
H OWER SUBDIVISION E X EMPTIO-N PLAT
A L L E Y B L 0 C K
(20.0' RIGHT -OF - WAY)
73.76.
I
49R6'
r t
SPLIT LEVEL HOUSE
O
2
2l.2'
L.
/FUWTONE wAtX
h
6
n
- O W
I W
LO /
6,735 SO, FT.
011..a
3
133.76!
tto-oD' M+
LOT G�
6,000 SO.FT I 0
0.138 Ac.
I
I I
'b
o
� I
II
srAIRs
I t
C
IME
0 6 10 20 30 40 60 FEET
...
SCALE. 1'=10'
BASIS OF BEARINGS: A BEARING OF S.75`09'11'E. BETWEEN A FOUND NO.5 REBAR AND CAP LS 9184 AT
THE NORTHWEST CORNER AND A FOUND NO.5 REBAR AND CAP LS 9184 AT THE NORTHEAST CORNER OF THE
HEREON DESCRIBED PARCEL WERE USED AS A BASIS OF BEARINGS FOR THIS SURVEY. '
NOTES:
1. ELEVATIONS ARE BASED ON AN ASSUMED ELEVATION OF 100.0% ON TOP OF THE PROPERTY CORNER
MARKING THE SOUTHEAST CORNER OF THE PARCEL.
2. CONTOUR INTERVALS ARE 2 FEET.
3. THIS MAP IS INVALID AS A LEGAL DOCUMENT AND POSSESSION OR USE OF THIS MAP IS UNAUTHORIZED
BY THIS SURVEYOR UNLESS IT BEARS THE ORtGINAL SIGNATURE AND WET STAMP OF CARL R.
CARMICHAEL, P.L.S. 24303. REPRODUCTIONS OF A PLAT OR MAP PREPARED BY THIS SURVEYOR AND
WITHOUT AN ORIGINAL SIGNATURE AND WET STAMP MAY CONTAIN FRAUDULENT, ERRONEOUS OR
MISLEADING INFORMATION. DOCUMENTS PREPARED BY THE SURVEYOR AND WITHOUT A SIGNATURE
AND WET STAMP ARE TO BE VIEWED AS PRELIMINARY AND ALL INFORMATION SHOWN THEREON
SUBJECT TO CHANGE.
LEGEND:
O DENOTES FOUND NO.5 REBAR AND YELLOW PLASTIC CAP LS 9184
CERTIFICATION OF DEDICATION AND OWNERSHIP
KNOW ALL MEN BY THESE PRESENTS that the undersigned, being the owners in tee simple of certain
lands in PRkin County, Colorado, described as follows;
Lots t, M, N, and O. Block 3, City of Aspen and Part of the W % of Section 12. T 10 S, R 85 W of the 8th
P.M. being more fully described as follows:
. 8e91111"lfng at the 00int of intersection of the southeiiy boundary line of said Lot L and Line 6.7 Aspen
Townske whence Comer No. 6 (a stone monument) bears N. 073724' E. 713.82•;
Thence N. 75109'11' W., 20.021.
Thence N. 0713724• E. 100.87;
Thence S. 75*09`11' E. 133.76' to the Northeasterly Comer of said Lot 0-
Thence S. 14150'49' W. 100.00'; 0.252 Ac
Thence N. 75,09'11' W. 100.97 to the point of beginning containing 12735 Sq. Ft. more or less,
County of PNkin. State of Colorado.
Have by these presents laid out, platted and subdivided the same into lots and blocks as shown hereon and
designate the same as Hower Lot Split, In the City of Aspen, County of Pitkln, Colorado, and do hereby
dedicate to the owners of the lots shown hereon the utility and private access easements shown hereon for
ulllRy and private access purposes only.
Executed this day of 1 B
24. 2.0.7' ASPEN 10.0'
C ..
I7
14
i
Data Hower, Owner
N
F.A.R. = 3,331
10
STATE OF COLORADO )
Sq.
FL
5q
I F. A. R, = 3,240 Sq. Ft.
:r
COUNTY OF PITxIN ) ss.
)
PLAT NOTES
1. Both lots created by the lot SPIN shall be required to mhigale for aftoMabie housing pursuant to Section
{ IT
•�
The foregoing Certification of Dedication and Ownership was amVm edged before me this d of 19_ by Dale Hower.
(2f of the Municipal Code;
the
9 to
O
80,84 '
I
aRAVEI DRIVE
}
rn
developer the
2. The developer of the lot with the aodt shell have the right to deride whether to use the credit toward
!
MY COMMISSION EXPIRES:
an affordable housing Impact fen or, instead, either construct an Accessory Dwelling Unit meeting the
rovisions of Section 26.40.090 or lace a resident Occupancy
P P p deed n the new henso;
3. The
• a
N. T 5 09 i l W.
1
Ir
`
60•��
WITNESS MY HAND AND OFFICIAL SEAL
l be
setback noncanfonnitles seated by the new lot line shall be eliminated upon redevelopment of the
aced up re
'�
'
r, 120.44'
two las In that 80 now development on the lots will conform to the dimensional requirements of the R-a
zone district:
Ls' auFFER
SPACE
/
i se
4. There a a seven and 1/Z (7.5) fool wide buffer space along the length
R FIRE HYD.
- -
of the property's street frontage.
The buffer space shall be located adjacent to and abutting the property Tina There is then a five toot (5)
- - _ _ _ -
Notary Public
wide pedestrian usable space abutting file said butter space, and then there IS a live toot (5) landscape
Duffer to the Susan edge to proven room for snow storage.
S. This plat has been sealed pursuant to City of Aspen Ordinance Number 39, Series of 1997.
�_ -
- -
to*
I 5.0'
-
-\--
` 5.0' LANDSCAPE 9UFFER�
PEDESTRIAN USAIILE SPACE
-
__ --
_- --
t
1c
SURVEYOR'S CERTIFICATE
s. A to Ordinance No. 39, Series of 1997, Section 2.t.f., the Sol shown On plat shall be prohibited
from applying for further subdivision and any development of the io1s will compy with the applicable
provisions the lend Use Code in effect at the time of
_
R A N C
I S
_ _
�. EDOE OF PAVEMENT
1, Cad R. Camtfchael, do hereby certifythat Ism a professional land surveyor Ibon under the lawn of the
Slats of Colorado; that this plat of the Hower Lot SPIN was made by me from an accurate survey In June of
19H of the lands shown hereon by me or under my direct supervision and correctly shiny the location and
dimensions the
Is theaapplication.
7. Prier to the Lsstrarlca of a Certificate of Occupancy on either IOL the applicant shall sign
r lot,
T
of .10ts; that this plat meets the regWrements Of a land survey plat as Se forth in C.R.S. Title
ticle 51-
38 Article 51-102 and of a plat as set fond in
a sidewalk, curb
and gutter construction agreement and pay the applicable recording fees.
C.R.S.Title 38 Article 33.3 209. Survey
Than ey Precision Is greater
S. Maximum driveway width per City Code is 18 feel.
9 . AI! easements of retard as indicated in Pi7.Yiv Ltv_�ys�. r/T r,IAvv Title Policy No.
1
I
h
74.72 R.O,W.
PCm47 .dated o4 -R-6 zoning district.Z 97 t9yare shown hereon.
1 O. This property LS located In an R-8
TITLE CERTIFICATE
PITKIN COUNTY CLERK AND RECORDER'S CERTIFICATE
Cad R. Cannfcnael P.L.S. 24303 Date
does hereby certify that I have examined
upon This plat and That Title to such lands Is vested
end clear of all Ilene, taxes and encumbrances. except as follows:
the Title t0 all lends sham
free
This Subdivision Exemption Plal for the Hower Subdivision Exemption Is accepted end Bled in the Office of
the Clerk and Recorder or Pitkin County, Colorado at o'clock _M., this
of 1908. day.
Dated this day of A.D., 19
Sylvia DAVIS, Pltkin County Cleric and Recorder
Agent
By: Deputy
CARLR.CARMICHAEL,PL.S. Survwysd MAY 1998
P.O. BOX 1367 Dieted Mr1Y 1998
ARBONDALE, COLORADO 91023
?b-963-OT57)
tA'VI8i0f18 JUNE 1998 LOT SPLIT PLAT
s
71110 IMPROVEMENT SURVEY W/TOPOGRAPHY 6 TREES Job NO 980461
Cbttt HOWER
sr NEW TREE
j TO MITIGATE
L61EXISTING TREE
WITH DRIP LINE PER SURVEY
—• NEW FENCE
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DATE DUNE 1,1998
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SHEET --- OF __-
EAST ELEVATION
1A, - 1'--V
WEST ELEVATION
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LOWER LEVEL PLAN
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APPLICANT: Running Bear, LLC (represented by John Galambos)
LOCATION: 934 West Francis
ACTION: CONDITIONAL USE FOR TWO ADUs
and VARIANCE FROM RESIDENTIAL DESIGN STANDARDS
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.
- OVER -
EXHIBIT
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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.
RESIDENTIAL DESIGN STANDARDS:
Volume: Standard requires that there be no windows in any areas of the first
or second floors that lie between 9 and 12 feet above the height of the floor
plate, and non -orthogonal windows in any areas that lie between 9 and 15
feet above the height of the floor plate.
If a variance is granted, it would have to be based on one of the following
criteria:
1. The proposed design yields greater compliance with the goals of
the Aspen Area Community Plan.
2. The proposed design more effectively addresses the issue or
problem the given standard responds to.
3. A variance is clearly necessary for reasons of fairness related to
unusual site specific constaints.
County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT
} SS. TO ASPEN LAND USE REGULATION
State of Colorado } SECTION 26.52.060 (E)
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 Land Use Regulations in the following
manner:
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 with three hundred (300) feet of the subject
property, as indicated on the attached list, on the_:I_ day of which is 1C
� 19 (
days prior to the public hearing date of S
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 31 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.
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EXHIBITS*
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* "In" means the exhibit is introduced into the record.
"Demo" means the exhibit is used only for demonstration or illustrative purposes.
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WITNESS LIST*
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AGENDA ITEM:
NAME OF WITNESS:
1• M Staff Person
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* Includes staff persons, but excludes staff attorney and board members.
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MEMORANDUM
TO: Planning and Zoning Commission
THRU: Julie Ann Woods, Deputy Director
V
FROM: Christopher Bendon, Planner
RE: Branding Group -- 270 North Spring Street.
Conditional Use for an Accessory Dwelling Unit (GMQS Exemption)
Stream Margin Review
Residential Design Variances
DATE: September 15, 1998
SUMMARY: '
Kristeen Rosenberg of the Branding Group, applicant and owner, has applied for
Conditional Use approval for an Accessory Dwelling Unit, Stream Margin Review,
and a waiver from the Residential Design Standards for the placement of the garage
and for windows within the 9-12 foot `no window zone.'
The property is located at the interse4ion of Spring and Bay Streets within the
Oklahoma Flats Addition. It is currently developed with a small cabin and two
accessory structures. The parcel is not adjacent to the fiver, but must gain Stream
Margin Review because it is within the 100-year floodplain. The Accessory Dwelling
Unit will allow for an exemption from Growth Management. The applicant is
seeking an FAR bonus for the detached unit.
Staff recommends the Planning and Zoning Commission approve the
Conditional Use, the Stream Margin, and Residential Design Variance for
"Volume" for the Branding Group residence, with conditions.
APPLICANT:
Kristeen Rosenberg of the Branding Group. Represented by Bill Poss and
Associates, Architecture and Planning.
LOCATION:
270 North Spring Street.
ZONING:
Low Density Residential (R-30)
LOT SIZE:
14,175 square feet.
LOT AREA (FOR PURPOSES OF FAR CALCULATION):
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14,175 square feet.
Allowable -- 4,442 square feet
Existing -- not provided (probably less than 1,000 s.f.)
Proposed -- 4,442 square feet
CURRENT LAND USE:
Single -Family home with accessory buildings.
PROPOSED LAND USE:
Single -Family home with an Accessory Dwelling Unit
PREVIOUS ACTION:
The Commission has not previously considered this case.
REVIEW PROCEDURE:
Conditional Use. The Commission shall approve, approve with conditions, or
disapprove the application at a public hearing.
Stream Margin. The Commission shall approve, approve with conditions, or
disapprove the application at a meeting.
Residential Design Appeals. The Design Review Appeal Committee (DRAC), 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:
The parcel is currently developed with a small cabin and two accessory structures
(which are actually larger than the cabin). Denise Reich, neighbor, has contacted the
applicant and the City Staff concerning moving the cabin and the smaller shed
structure to a vacant lot along the river within the same neighborhood. Staff has
included a condition of this approval that the applicant cooperate to the extent
practical with moving these structures. This condition is meant to encourage the
applicant to transfer the two buildings but not restrict their development plans if the
coordination cannot be accomplished.
Review criteria and Staff Findings have been included as Exhibit "A." Agency
referral comments have been included as Exhibit "B." The application has been
included as Exhibit "C."
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission approve the Conditional Use
for an Accessory Dwelling Unit, the Stream Margin Review, and the Residential
Design Waivers for the Branding Group project, 270 North Spring Street, with the
following conditions:
2
1. Before the building permit application may be accepted, the applicant shall provide a current
site improvement survey wet signed and sealed by a Registered Engineer or Land Surveyor.
2. The Planning and Zoning Commission hereby approves the 587 square foot Accessory
Dwelling Unit, as represented. The Zoning Officer shall measure half of the ADU's Floor Area
as contributing to the maximum allowable for the parcel if either the unit is deed restricted to
mandatory occupancy, or if the unit meets the definition of a "detached unit."
3. Before issuance of a building permit, the Accessory Dwelling Unit shall be deed restricted and
registered with the Housing Authority. Prior to issuance of a Certificate of Occupancy, the
Unit shall be inspected by the Housing Authority or the Zoning Officer to ensure the unit was
built in substantial conformance with the permit plans and this Resolution.
4. The permit plans shall designate one on -site parking space for the Accessory Dwelling Unit
which is not stacked with a space for the primary residence.
5. The Planning and Zoning Commission hereby waives the "Volume" element of the Residential
Design Standards for this project. Any substantial change to the proposed residence which
necessitates an additional or different variance from the design standards shall require review
and approval by the Design Review Appeal Committee, or any other board from which the
project requires land use approval.
6. The building envelope for this parcel shall coincide with the zoning setbacks for this parcel.
The top -of -slope does not occur within the parcel boundaries. The front yard shall be measured
from the Bay Street parcel line. No development may occur outside of this building envelope
accept for the driveway to the garage, native vegetation approved by the Parks Department, and
the walkways shown in the application drawings. The applicant shall provide a landscape plan,
with the building envelope shown, with the building permit set for review and approval.
7. The building envelope shall be barricaded to protect existing vegetation prior to issuance of a
building permit. Adequate construction access should be placed to minimize disturbance to the
existing vegetation but does not need to be barricaded.
8. All exterior lighting shall be downcast and not used to accentuate architectural or landscape
features of the property.
9. The applicant shall, to the extent practical, coordinate the relocation of the cabin and smaller
accessory structure with Denise Reich, neighbor. This condition shall not be construed to be a
condition of this development proposal.
10. A tree 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.
11. Prior to issuance of a building permit, the applicant shall complete a tap permit and shall pay
all connection charges due to the Aspen Consolidated Sanitation District. The applicant
shall connect the ADU to the sanitary sewer in a manner acceptable to the ACSD
superintendent.
12. 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).
13. 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.
14. Prior to issuance of a Certificate of Occupancy, the applicant shall provide a Floodplain
Elevation Certificate, demonstrating the structure has been constructed according to
requirements of building within the Foodplain, to the City Engineer.
15. 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.
16. All utility meters and any new utility pedestals or transformers must be installed on the
applicant's property and not in any public right-of-way. Easements must be provided for
pedestals. All utility locations and easements must be delineated on the site improvement
survey. Meter locations must be accessible for reading and may not be obstructed.
17. 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.
18. 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.
19. The applicant shall abide by all noise ordinances. Construction activity is limited to the
hours between 7 a.m. and 10 p.m.
20. 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 this fee
to the City Clerk who will record the resolution.
21. 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 MMOTION:
"I move to approve the Conditional Use Review for a 587 square foot Accessory
Dwelling Unit, approve the Stream Margin Review, and grant the waivers to the
"Volume" and "Garage Placement" provisions of the Residential Design Standards
for the Branding Group Residence, with the conditions outlined in the Community
Development Department memo dated 15 September, 1998."
ATTACHMENTS:
Exhibit A --
Review Criteria and Staff Comments
Exhibit B --
Referral Agency Comments
Exhibit C --
Development Application
M
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.
Units separated form the principal residence are desirable and encouraged through the
provision of a "Floor Area Bonus." This "bonus" allows the applicant to count only 1/2
of the Floor Area of the ADU towards the maximum allowable for the property.
The applicant is 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, including the
most recent ADU approved at the neighboring Elden residence.
(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 is consistent with the zone
district requirements. Operationally, the ADU will have little impact on the surrounding
properties. Traffic impacts may be higher, but are not expected to be significantly higher
than that of a residence without an ADU. In fact, the ADU occupant could now or in the
future serve as a caretaker for the primary residence and possibly reduce the number of
service trips necessary.
The proposed ADU is approximately 587 square feet and provides the necessary
bathroom and kitchen elements. The proposal also includes an adequate amount of
storage area, a deck, and no internal connection to the primary unit - attributes which both
the staff and the Commission encourage but which are not necessarily required by the
land use code.
Staff Comments page 1
A parking space has not been designated for the Accessory Dwelling Unit on the
proposed site plan. The parking for the ADU should be provided on site and should not
be stacked with a parking space for the primary residence. ADU's should be able to
function separately from the principal residence and vice versa. Stacked parking
represents a conflict to the operational characteristics of the conditional use. For this
reason, staff is assuming the applicant intends to provide the ADU parking space within
the garage with the two primary residential spaces stacked. However, the Commission
should include a condition requiring the parking not be stacked between units.
(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.
(E) The applicant commits to supply affordable housing to meet the incremental
need for increased employees generated by the conditional use.
Staff Finding:
The conditional use mitigates itself.
(F) The proposed conditional use complies with all additional standards imposed on it by the
Aspen Area Comprehensive Plan and by all other applicable requirements of this title.
Staff Finding:
The applicant's property is within the 100-year flood plain. In addition, Stream Margin
Review requires the establishment of a building envelope. Unnecessary site features,
vegetation with non-native plant species, and site grading are not desirable outside of a
building envelope or within the path of a flood event, but may be approved as part of a
site specific development plan.
The applicant is proposing two curb cuts; one for the garage and the second for a guest
parking space along Bay Street. Only one curb cut is allowed within residential zone
districts. This also represents additional development outside the building envelope
which is not permitted.
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 587 square foot ADU falls within the 300-700 requirement. Parking
should be provided which is not stacked with a space for the principal unit and shown on
building permit plans. 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 applicant is not requesting any variances from the dimensional requirements of the
zone district.
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 above a garage which is detached from the principal residence.
4) An attached accessory dwelling unit shall utilize alley access to the extent practical.
Staff Finding:
This property does not have an alley. This critria does not apply.
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. The ADU is within an
easy walking distance to primary employment and recreation opportunities.
2) Where the proposed development varies from the dimensional requirements of the
underlying zone district, the Planning and Zoning Commission shall fmd 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
Staff Comments page 3
Landmarked 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.
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:
This is a complete demolition and replacement with no preservation of non -conformities
proposed.
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
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,
Staff Comments page 4
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 (450) 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:
To qualify for a "Floor Area Bonus," the ADU must be indeed a detached unit. This
required two things: 1) the unit's foot print shall be no greater than 450 square feet; and,
2) the attaching feature be no more than 1 story tall, no more than 6 feet wide, and at least
10 feet long.
It appears the unit qualifies as "detached" with the linking element. It also appears,
however, that the foot print of the ADU is more than the 450 square foot maximum. This
must be modified for the FAR "bonus" to be available.
The "bonus" allows the applicant to count only half of the ADU Floor Area towards the
maximum allowed for the property.
STAFF COMMENTS: Stream Margin
Section 26.68.040, Standards Applicable to Development within 100 feet of the Roaring
Fork River and its tributary streams.
A. No development shall be permitted in the floodway, with the exception of bridges or
structures for irrigation, drainage, flood control or water diversion, which may be permitted
by the City Engineer, provided plans and specifications are submitted to demonstrate that
the structure is engineered to prevent blockage of drainage channels during peak flows and
the Commission determines the proposed structure complies, to the extent practical, with all
standards set forth below.
Staff Finding:
No development is proposed within the floodway. The floodway is closer to the actual high
water line and is more constrained than the floodplain. The property is entirely within the
floodplain.
B. No development shall be permitted within one hundred (100) feet, measured horizontally,
from the high water line of the Roaring Fork River and its tributary streams, or within the
Special Flood Hazard Area where it extends beyond 100 feet from the high water line of the
Roaring Fork River and its tributary streams, unless the Commission makes a determination
that the proposed development complies with all standards set forth below:
1. It can be demonstrated that any proposed development which is in the Special Flood
Hazard Area will not increase the base flood elevation on the parcel proposed for
development. This shall be demonstrated by an engineering study prepared by a
professional engineer registered in the State of Colorado which shows that the base flood
Staff Comments page 5
elevation will not be raised, including, but not limited to, proposed mitigation techniques on
or off -site which compensate for any base flood elevation increase caused by the
development;
Staff Finding:
The applicant has prepared an engineering study showing very little affects on the base
flood elevation. The City Engineer has reviewed this study and concurs with the applicant -
there will be no significant impacts on the base flood elevation with the new residence.
2. Any trail on the parcel designated on the Aspen Area Community Plan,
Parks/Recreation/Open Space/Trails Plan Map, or areas of historic public use or access are
dedicated via a recorded easement for public use. Dedications are necessitated by
development's increased impacts to the City's recreation and trail facilities including public
fishing access;
3. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed
plan for development, to the greatest extent practical;
Staff Finding:
The property does not have any proposed trails and is not along the river where a
fisherman's easement would be required.
4. There is no vegetation removed or damaged or slope grade changes (cut/fill) made outside
of a specifically defined building envelope. A building envelope shall be designated by this
review and said envelope shall be barricaded prior to issuance of any demolition, excavation
or building permits. The barricades shall remain in place until the issuance of Certificates of
Occupancy;
Staff Finding:
A building envelope must be established for this property and must be included in the
permit drawings. Zoning setbacks are acceptable for this boundary. The applicant's site
plan, however, appears to designate grade changes landscaping, and fence walls outside of
the building envelope. Also, it appears the existing vegetation outside the building
envelope will be completely removed.
Only native vegetative species approved by the Parks Department are allowed outside the
building envelope. The building envelope should be barricaded to prevent damage to
existing vegetation. This should also not allow removal of the existing vegetation. Site
grading does not appear to be necessary given the relatively flat site. The building permit
plans should include a revised landscaping plan showing only native vegetation outside of
the building envelope for the approval of the Parks Department.
The fence walls do not appear to be necessary and may further block flood water or
contribute to flood debris. The walls appear to encroach on the existing vegetation.
5. The proposed development does not pollute or interfere with the natural changes of the
river, stream or other tributary, including erosion and/or sedimentation during construction.
Staff Comments page 6
Increased on -site drainage shall be accommodated within the parcel to prevent entry into
the river or onto its banks. Pool or hot tubs cannot be drained outside of the designated
building envelope;
Staff Finding:
A drainage plan and report has been requested by the City Engineer as part of the building
permit. Any drainage mitigation necessary shall be designed for a 2-year event.
6. Written notice shall be provided to the Colorado Water Conservation Board prior to any
alteration or relocation of a water course, and a copy of said notice is submitted to the
Federal Emergency Management Agency;
7. A guarantee is provided in the event a water course is altered or relocated, that applies to
the developer and his heirs, successors and assigns that ensures that the flood carrying
capacity on the parcel is not diminished;
8. Copies are provided of all necessary federal and state permits related to the work within the
100-year floodplain; and
Staff Finding:
The development proposed will not interfere with the watercourse. The applicant will need
to provide a floodplain elevation certificate which will ensure the structure was completed
to the standards required for floodplain development.
9. There is no development other than approved native vegetation planting taking place below
the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever
is most restrictive. This is an effort to protect the existing riparian vegetation and bank
stability. If any development is essential within this area, it may only be approved by special
review pursuant to Section 26.64.040(D)
Staff Finding:
The applicant is not proposing development within this no -development zone. There is an
intervening parcel between the subject parcel and the river.
10. All development outside of the fifteen (15) foot setback from the top of slope does not
exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground
level at the top of slope.
Staff Finding:
This requirement is for properties adjacent to the river. With the intervening parcel, the
progressive height restriction is overruled by the height restriction of the zone district - 25
feet.
11. A landscape plan is submitted with all development applications.
Staff Finding:
A landscape plan has been submitted. There are some improvements outside the designated
building envelope for landscaping, fence walls, parking, and grading. The Commission
may approve development outside the building envelope but staff is recommending any
development outside this envelope be limited. The additional "guest" parking should not be
Staff Comments page 7
allowed because it represents a second cut from the street. The building permit should
indicate this change.
12. All exterior lighting is low and downcast with no lights directed toward the river or located
down the slope;
Staff Finding:
The Commission should include a condition requiring downcast lighting
13. Site sections drawn by a registered architect, landscape architect, or engineer are submitted
showing all existing and proposed site elements, the top -of -slope, and pertinent elevation
above sea level.
Staff Finding:
Because there is an intervening parcel between the river and the subject parcel, this site
section showing compliance with the top -of -slope would be rather meaningless. The
applicant has prepared elevations of the proposed structure for review.
14. There has been accurate identification of wetland and riparian areas.
Staff Finding:
The proposed development is not adjacent to the river and should not affect wetlands or
riparian habitat.
STAFF COMMENTS: RESIDENTIAL DESIGN
Section 26.58 Residential Design Standards
REVIEW PROCEDURE:
DRAC may grant relief from the Residential Design Standards at a public hearing if
the variance is found to be:
a) in greater compliance with the goals of the AACP; or,
b) a more effective method of addressing the standard in question; or,
c) clearly necessary for reasons of fairness related to unusual site
specific constraints.
GARAGE:
The applicant's proposed development is not in compliance with the following
Residential Design Standard:
All portions of a garage, carport, or storage area parallel to the street shall
be recessed behind the front facade a minimum of ten (10) feet.
Staff Comments page 8
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 garage could be developed
in conformance with the standard. Staff is not supporting a variance of this garage
standard.
c) clearly necessary for reasons of fairness related to unusual site
specific constraints.
Staff Finding:
This site is flat and developable. The site does not represent a hardship.
VOLUME (WINDOWS:
The applicant's proposed development is not in compliance 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 I5 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:
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 facade penetrations are fairly well designed and contribute to the overall design
of the project. The windows within the 9-12 feet do not propose overly large
glazing. Staff believes the intent of the standard is met and is supporting this
variance.
c) clearly necessary for reasons of fairness related to unusual site
specific constraints.
Staff Finding:
This site is flat and developable. There is no attribute of the site which prevents the
applicant from meeting the standard.
C
Staff Comments page 9
DRAFT
MEMORANDUM
To: Chris Bendon, Planner
Thru: Nick Adeh, City Engineer
From: Chuck Roth, Project Engineer
Date: September 10, 1998
Re: Branding Group Stream Margin Review and ADU
The Development Review Committee has reviewed the above referenced application at their August 12,
1998 meeting, and we have the following comments:
1. Improvement Survey - The application is incomplete because the improvement survey is not current
(within the past 12 months) as required by City Code and also because it is not sealed and signed in wet
ink. The improvement survey that was submitted is also deficient by not indicating that the entire
property is located within the 100-year floodplain.
2. Floodplain - Prior to issuance of a building permit, the applicant must provide a completed floodplain
elevation certificate for the project as designed. Prior to issuance of a certificate of occupancy, the
applicant must provide a floodplain elevation certificate for the improvements as constructed.
3. Driveway - City Code permits one driveway per property. The final site plan must comply with City
Code.
4. Site Drainage The existing City storm drainage infrastructure system is sub -standard and cannot
adequately convey storm runoff. The site development approvals must include the requirement of
meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f and a requirement that the
building permit application include a drainage mitigation plan (24"x36" size plan sheet or on the lot
grading plan) and a report signed and stamped by an engineer registered in the State of Colorado,
submitted as part of the building and site plan, as well as a temporary sediment control and containment
plan for the construction phase. If drywells are an acceptable solution for site drainage, a soils report
must be provided with percolation test to verify the feasibility of this type system. Drywells may not be
placed within utility easements. The foundation drainage system should be separate from storm drainage,
must be detained on site, and must be shown on building permit drawings.
5. Fire Marshal - A sprinkler system for fire protection purposes is required if the building interior
exceeds 5,000 square feet. The final determination will occur when the square footages are determined
following City Code requirements.
6. Work in the Public Ri ht-of-way - Given the continuous problems of unapproved work and
development in public rights -of -way adjacent to private property, we advise the applicant as follows:
The applicant must receive approval from city engineering (920-5080) for design of
improvements, including landscaping, within public rights -of -way, parks department (920-5120) for
vegetation species and for public trail disturbance, and streets department (920-5130) for mailboxes
street and alley cuts, and shall obtain permits for any work or development, includinglandscaping, ,
public rights -of -way from the city community development department, within
DRC Attendees
Staff: Chris Bendon, Cindy Christensen, Stephanie Levesque, Ed VanWalraven, Chuck Roth
98M 177
MEMORANDUM
TO: Chris Uendon, Community Development Dept.
FROM: Stetnie A. Levesque, Housing Offtoe
DATE: August 12,1998
RE.- Branding Group Dondiflonall Use fbr an ADU — 270 North' Spring
Parcel ID M*11
RAC NEST: The sppiicant is requesting approval for an a�ssory dwelling unit to be located
above an attached garage.
13ACKGROUND: According to Section 28.40.090, Accenory towelling Units, 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.
ISSUE : when the dousing Offics reviews plans for an accessory dwelling unit, there are
particular areas that are given special attention. They are as fbilows:
1. The unit roust be a telly Ptivste unit, which means the unit must have a pnvate entrance
and there shalt be no other roams in this unit that need to be utifted by the individuals in
the principal residence, i.a„ a mechanical room fbr the principal residence.
2. The kitchen includes a minimum of a tiro -turner stove with oven, standard sink, and a 6-
cubic foot refrigerator plus freezer.
3. The unit is required to gave a certain percentage of natural light Into the unit; i.e., windows,
sliding glass door, window wells, etc., especiatfy if the unit is locateddbelow grade. at1110
h I
Uniform Building Code requires that 10% of the floor area of a unit
light, Natural light is defined as light which is clear 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.
S. A deed restriction MUST be recorded FRIOR is building permit approval. The deed
restddon shall be obtained from the Housing Office.
RECOMMENDAMON: After reviewing the application, the Mousing 0Tce recommends approval
on the condition that issues 1-5 above are met pt�ior to building permit approval. l�nor to C.O, the
Housing Office requires a site tour to inspect the unit.
Vokmimdrina.sdu
2'd ojo oNISnOH N3dSa WdSZ:ET 66, ET Ono
,2sPen �onso rfQfeo�cS¢nlfQflon �Isfrlcf
565 North Mill Street
Aspen, Colorado 81611
Tele. (970) 925-3601
Sy Kelly • Chairman
Paul Smith - Treas.
Louis Popish • Secy.
August 13, 1998
Chris Bendon
Community Development
130 S. Galena
Aspen, CO 81611
Re: Branding Group ADU
FAX #(970) 925-2537
Michael Kelly
Frank Loushin
Bruce Matherly, lvign
Dear Chris:
The existing development at the site is currently served by the District. The addition of an ADU
will not adversely effect our ability to serve. Service is contingent upon compliance with the
District rules, regulations, and specifications which are on file at the District office.
We would request that a tap permit be completed at our office prior to the issuance of a building
permit. Total connection charges will be estimated at that time.
Please call if you have any questions.
Sincerely,
Bruce Matherly
District Manager
EPA Awards of Excellence
1976 • 1986 • 1990
Regional and National
605 EAST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE 9701925-4755
FACSIMILE 9701920-2950
August 5, 1998
Chris Bendon
Aspen Pitkin County Community Development
130 South Galena Street
Aspen, CO 81611
Dear Chris:
Bill Poss & Associates represents The Branding Group (The Applicant) who owns
the property located at 270 North Spring Street in Oklahoma Flats, City of Aspen.
This Stream Margin application is a follow-up to our previous (ADU) application
dated 6/15/98. As referenced in our previous application, we are now submitting
the additional materials necessary to complete the Stream Margin portion of the
application.
STREAM MARGIN REVIEW
Pursuant to Section 7-504 of the Land Use Regulations, all development within one
hundred (100) feet of the high water line of the Roaring Fork River, or within the
one hundred (100) year flood plain, is subject to stream margin review. As all of the
applicant's proposed improvements are located within the flood plain, review and
approval pursuant to the City's stream margin regulations is required. The specific
review criteria, and the proposed building envelope's compliance are summarized
as follows.
1. It can be demonstrated that any proposed development which is
in the Special Flood Hazard Area will not increase the base flood
elevation on the parcel proposed for development.
Based on the flood plain analysis provided by Schmuser Gordon Meyer, dated
8/5/98 and included as Exhibit 11, they feel that the net impact to the 100-year
flood plain of the Roaring Fork River as a result of the proposed construction is
negligible and their will be no increase to the base flood elevation.
2. Any trail on the parcel designated on the Aspen Area Community
Plan, Parks/Recreation/Open Space/Trails Plan map, or areas of
historic public use or access are dedicated via a recorded
easement for public use.
According to the Pedestrian Walkway and Bikeway System Plan, no trail has been
designated across the property.
3. The recommendations of the Roaring Fork River Green Way Plan
are implemented in the proposed plan for development, to the
greatest extent practical.
The Roaring Fork Green Way Plan contains no site specific recommendations with
respect to this property. This site is approximately 70 feet and one lot removed
from the edge of the River.
4. There is no vegetation removed or damaged or slope grade
changes (cut or fill) made outside of the specifically defined
building envelope.
This would not apply as this site is not adjacent to said River.
5. The proposed development does not pollute or interfere with the
natural changes of the river, stream or other tributary, including
erosion and/or sedimentation during construction. Increased on -
site drainage shall be accommodated within the parcel to
prevent entry into the river or onto its banks. Pools or hot tubs
cannot be drained outside of the designated building envelope.
The proposed building envelope will have no adverse effect upon the natural
changes normally experienced by the Roaring Fork River.
6. Written notice is given to the Colorado Water Conservation
Board prior to any alteration of relocation of a water course, and
a copy of said notice is submitted to the Federal Emergency
Management Agency.
No alteration or relocation of the existing water course will be required.
F
7. A guarantee is provided in the event a water course is altered or
relocated, that applies to the developer and his heirs,
successors and assigns that ensures that the flood carrying
capacity on the parcel is not diminished.
This review criteria is not applicable.
8. Copies are provided of all necessary federal and state permits
relating to work within the one -hundred -year -flood plain.
No federal or state permits are required to construct within the proposed building
envelope.
9. There is no development other than approved native vegetation
planting taking place below the top of slope or within fifteen (15)
feet of the top of slope or the high waterline, whichever is most
restrictive.
This would not apply as this site is approximately 70 feet and one lot removed from
the edge of the River.
10. All development outside the fifteen (15) foot setback from the top
of slope does not exceed a height delineated by a line drawn at a
forty-five (45) degree angle from ground level at the top of slope.
Height shall be measured and determined by the Zoning Officer
utilizing that definition set forth at Section 26.04.100.
The 15 foot setback and 45 degree angle is not applicable to this site as we are not
adjacent to the river. However, we will meet all current height requirements.
11. A landscape plan is submitted with all development applications.
Such plan shall limit new plantings (including trees, shrubs,
flowers, and grasses) outside of the designated building
envelope on the river side of the native riparian vegetation.
See attached Landscape Plan, (Exhibit 12), Prepared by Greg Mozian and
Associates, Inc. dated 8/5/98.
12. All exterior lighting is low and downcast with no light(s) directed
toward the river or located down the slope.
All proposed lighting will be low and downcast with no lights directed toward the
river.
3
13. Site sections drawn by a registered architect, landscape
architect, or engineer are submitted showing all existing and
proposed site elements, the top of slope, and pertinent
elevations above sea level.
The proposed site plan enclosed (as Exhibit 12), indicates proposed grades with all
existing and proposed site improvements.
14. There has been accurate identification of wetlands and riparian
zones.
The proposed site is not adjacent to the river and does not appear to contain any
wetlands or riparian zones.
The following Exhibits have been included in this application.
Exhibit 11: Flood Plain study dated 7/29/98
Exhibit 12: Grading & Landscape Plan
This letter has addressed the submission and review requirements for a Stream
Margin Review and we feel all of the standards and review criteria have been met.
If you have any questions or concerns please don't hesitate to contact me.
Sincerely,
Jt/
! t
Les Rosenstein, RA
rd
08/05/98 WED 15:05 FAX 1 970 945 5948 SCBXUSER GORDON MEYER
Exhibit 11
9NGINEERS
9URVEYORS
15
1l& West 6th, Suite 200
(970) 945.1004 SGNdUESER
��---
70) 945-5948 GOAOONMEYEA Glenwood Springs, GO 81601
r '1
August 5, 1998
Mr. Les Rosenstein
Bill Poss & Associates
605 East Main
Aspen CO 81611
RE: Klein Property
Dear Les:
I am providing this letter to discuss a recent floodplain study performed by SGM on the Klein
property located in Oklahoma Flats along the Roaring Fork River in Aspen, Colorado.
The Klein property is identified as follows:
The North one-half of Lot 2, and all of Lots 3, 4, 5 and 6, Block 2, Oklahoma Flats,
Town of Aspen, County of Pitkin, State of Colorado.
The existing conditions on the Klein property consists of an existing log house with two
existing sheds. The property currently, as located in the flood insurance rate maps, lies within
the 100-year floodplain of the Roaring Fork River. Accordingly, the property lies outside the
100-Y ear floodway of the Roaring Fork River. In relationship to the existing property, the
existing buildings, from an analysis standpoint, relative to the cross section cut through the
property block 50 feet (in the floodplain) of cross section length available for flow area. in
comparing this condition to the proposed conditions for the Klein property, the new building
p 9
will block nearly 100 feet of cross section length area available to flow. Upon utilizing the
U.S. Army Corps of Engineers' HEC-RAS program, the following results relative to the cross.
section on the property are found.
TABLE 1
WATER SURFACE ELEVATION COMPARISON
rifftr�>�7ce.
Exisxing: !CoridiYr±orY r AMn;..
868.27 868.25 (0.02)
FABLE 2
VELOCITY COMPARISON
tinr*igd:.:ondota�ns
istirtg:griiix
10.18 10.27 0.09 ft/sec.
08/05/98 WED 15 : 06 FAX 1 970 945 5948 SCHMUESER GORDON MEYER Q 002
August 5, 1998
Mr. Les Rosenstein
Page 2
Given the results indicated above, we feel that the net impact to the 100-year floodplain of
the Roaring pork River as a result of the proposed construction is negligible.
in reviewing the City of Aspen Municipal Code as it relates to Section 26.68.040 - Stream
Margin, item 6,1., the base flood elevation will not be raised.
I hope this letter serves its intended purpose. If you have any questions or comments, please
don't hesitate to call.
Sincerely,
SC SER C
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J ec/ 8085A
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605 EAST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE 9701925-4755
FACSIMILE 9701920-2950
June 15, 1998
Chris Bendon
Aspen Pitkin County Community Development
130 South Galena Street
Aspen, CO 81611
Dear Chris:
Bill Poss & Associates represents The Branding Group (the Applicant) who owns the property
located at 270 North Spring Street in Oklahoma Flats, City of Aspen. We are requesting land
use approvals for an attached Accessory Dwelling Unit (ADU) and Stream Margin Review for
the proposed new single family residence.
This letter will address the Code requirements for the Conditional Use of the Accessory
Dwelling Unit. The Stream Margin materials will be forthcoming.
CONDITIONAL USE REVIEW
Exhibit 1 is a copy of the proposed site plan and a copy of a current survey of the subject
property. Exhibit 2 shows floor plans and elevations of the proposed ADU attached above the
garage of the new residence. 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 be located.
The subject property is located in the R-30 PUD zone district. The intent of this " Low -Density
Residential Zone District is to provide areas for long term residential purposes with customary
accessory uses." The following discussion demonstrates that this proposed AUD meets the
intent of the zone district.
The creation of an ADU will contribute to the vitality of Aspen allowing working people to live
in Aspen. The ADU will help to "create a community of a size, density, and diversity that
encourages interaction, involvement and vitality among its people", as stated in the Aspen
Area Comprehensive Plan. This ADU will create a local housing opportunity within walking
distance to downtown Aspen, rather than depending on the automobile.
EXHIBIT
The attached ADU located over the garage of this single family home is of an appropriate
scale and enhances the housing environment in which it is located. This ADU is also
compatible with the scale and character of the surrounding neighborhood.
The proposed conditional use certainly complies with and is consistent with the purposes,
goals and standards of the Aspen Area Comprehensive Plan.
B. The conditional use is consistent and compatible with the character of the
immediate vicinity of the parcel proposed for the development and surrounding
land use, or enhances the mixture of complimentary uses and activities in the
immediate vicinity of the parcel proposed for development.
This proposed attached ADU is located above the garage of a new single family residence.
This existing neighborhood consists of single family and duplex residences with interspersed
ADU's. This use is consistent and compatible with the character of the existing neighborhood.
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.
The proposed ADU has minimal impacts or adverse affects with respect to the above
concerns. The operating characteristics will not significantly change as a result of the ADU.
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 in place to accommodate this ADU. The proposed ADU
will have minimal impact on those public facilities.
E. The applicant commits to supply affordable housing to meet the incremental
need for increased employees generated by the conditional use.
This standard would not apply for this conceptual use ADU, as no new employees will be
generated.
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.
2
The proposed conditional use complies with the Aspen Area Comprehensive Plan and with all
pertinent requirements of the Land Use Code.
REVIEW STANDARDS: Development of an Accessory Dwelling Unit
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;
This proposed attached ADU is located above the garage of a new single family residence.
This existing neighborhood consists of single family and duplex residences with interspersed
ADU's. This use is consistent and compatible with the character and scale of the existing
neighborhood and the residence to which it is attached.
2. Where the proposed development varies from the dimensional requirements
of the underlying zone district, the Planning and Zoning Commission shall find
such variation is more compatible in character with the primary residence than
the development in accord with dimensional requirements.
This ADU meets all current dimensional requirements in the underlying zone district.
3. The Planning and Zoning Commission and the Historic Committee may
exempt existing nonconforming structures, being converted to detached
accessory dwelling unit, from Section 26.40.090 (B)(2)(a)--(g) provided that the
nonconformity is not increased.
This ADU is proposed to be conforming under the current guidelines.
4. Conditional use review shall be granted pursuant to Section 26.60.070(B),
Standards applicable to all conditional uses.
Discussed previously in the conditional use review section of this letter.
This letter has addressed the submission and review requirements for a conditional use and
accessory dwelling unit land use review. All of the standards and review criteria have been
met. As a result of this accessory dwelling unit being provided in the City of Aspen for a local
resident, the applicant will reinforce the goals and objectives of the Aspen Area
Comprehensive Plan. This proposal has many benefits to the community with little or no
negative impacts.
3
The following Exhibits have been included in this proposal.
Exhibit 1: Site Improvement Survey of the subject property, Located at 270 North Spring St.
8-1 /2" x 11 ".
Exhibit 2: Site Plan, Floor Plans & Elevations of the Proposed AUD.
Exhibit 3: Authorization letter.
Exhibit 4: Proof of Ownership with Legal Description.
Exhibit 5: Vicinity Map.
Exhibit 6: Pre -application Conference Summary.
Exhibit 7: City of Aspen Land Use Application Form.
Exhibit 8: Signed Fee Agreement.
Exhibit 9: List of adjacent property owners within 300 feet.
As we have discussed, by submitting this application on or before June 16, 1998 we would be
reviewed under our current ADU provisions of the Land Use Code. If you have any questions
or concerns please don't hesitate to contact me.
M
ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
Project: The Branding Group
Applicant: Kristeen Rosenberg
Location: SE Corner of Spring St. and Bay St.
Zone District: R- 3 0 P U D
Lot Size: 14,175
Lot Area: 14,175
(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. 1 Proposed: 1
Number of bedrooms: Existing: 1 Proposed: 4 Bedroom + 1 A DU
.Proposed % of demolition (Historic properties only):. N / A
DIMENSIONS:
Floor Area:
Existing:
Allowable: 4442 -Proposed: 4 4 4 2
Principal bldg. height:
Existing: N/A
Allowable: 2 5
Proposed.' 25
Access. bldg. height:
Existing: N / A Allowable:
Proposed:
On -Site parking:
Existing: 1
Required.• 3
Proposed: 3
% Site coverage:
Existing: N / A
Required:
Proposed.•
% Open Space:
Existing: N / A
Required.•
Proposed:
Front Setback:
Existing: 25
Required.• 25
Proposed: 25
Rear Setback:
Existing: 15
Required: 15
Proposed: 15
Combined F/R:
Existing: N / A Required.•
Proposed:
Corner /Front . Setback:
Existing: 16 ' - 8 "
Required.' 16 ' - 8 "
Proposed: 16 ' - 8 "
Side Setback:
Existing: 10
Required: 10
Proposed. 10
Combined Sides:
Existing: N / A Required:
Proposed:
Existing non -conformities or encroachments: N o n e
Variations requested:
None
EXHIBIT 1
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EXHIBIT 3
June 9, 1998
Mr. Chris Bendon
City of Aspen
Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE BRANDING GROUP ACCESSORY DWELLING UNIT APPLICATION
Dear Mr. Bendon:
This letter authorizes Bill Poss and Associates Incorporated to prepare a land use
application for an accessory dwelling unit for my property located on the SE corner of
Spring Street and Bay Street., described as the N-1/2 of Lot 2 and all of Lots 3,4,5 and
6, Block 2, Oklahoma Flats, Aspen. Bill Poss and Associates Incorporated may also
represent me in the city land use approval process.
Please contact me at 920-9865 if you have any questions.
Sincerely
Kristeen Rosenberg
- EXHIB-IT__4__(page l of 3)
ENDORSEMENT FORM 110.1 (Rev. 5195)
ENDORSEMENT ATTACHED TO AND MADE A PART
OF POLICY OF TITLE INSURANCE
SERIAL NUMBER O- 9701-34733 ISSUED BY
STEWART TITLE
GUARANTY COMPANY
HEREIN CALLED THE COMPANY
Order No.: 00023866
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:
Authorize countersignature
STEWART TITLE OF ASPEN, INC.
Agent ID #06011 A
TEWART TITLE
GUARANTY COMPANY
3Q: �ORPoq'r :tip
President
t 1908 ; o
TEXAS
Serial No. E- 9851-40532
V IVw4us ..o YyM as0 , rd4f Wq
UVaur ���od sr Paur$u-Ninsur a � Palnsur paul.su
. � Ur pasn ua p0jnsur
EXHIBIT 4 ( page 2 of 3) ,S °'s aa2UTi, oi+ark
SCHEDULE A .
Order Number: 00023866 Policy No.: 0-9701-34733
Date of Policy: April 10, 1998 at 11 :55 A.M.
Amount of Insurance: $ 1, 000, 000.00
1. Name of Insured:
THE BRANDING.GROUP, INC., a Colorado Corporation
2. The estate or interest in the land which is covered by this policy is:
FEE SIMPLE
Title to the estate or interest in the land is vested in:
THE BRANDING GROUP, INC., a Colorado Corporation
4. The land referred to in this policy is described as follows:
The -North one—half of Lot 2 and all of Lots 3, 4, 5 and 6,
Block 2, OKLAHOMA FLATS .
County of Pitkin, State of Colorado
EXHIBIT 4 (page 3 of 3)
OWNEWS POLICY
SCHEDULE B
Policy No.: 0-9701-34733
Order Number: 00023866
he Coma will not pay costs, attorneys' fees or expenses)
This policy does not insure against loss or damage (and t P �'
which arise by reason of:
' hts or claims of parties in possession, not shown by the public records.
1. Rag
2. Easements, or claims of easements, not shown by the public. records.
acts which a correct
'es conflicts in boundary lines, shortage in area, encroachments, ae any
records.
3. survey
Discrepancies, .fl
ury and inspection of the premises would disclose and which are not shownby P
s e3'
furnished, imposed by law
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter
and not shown by the public records.
exceptions
in patents, or an act authorizing the issuance thereof,
or exce
p
S. Unpatented mining claims; reservations
water rights claims or title to water.
year 1998, not yet due and payable, and
6. Taxes and Assessments s°ecialeassessments not yet certified on the tax
.subsequent years and any P
rolls of Pitkin County.
P
7, Right of
the roprietor of a vein or lode to extract .intersect remove
the premises
therefrom, should the same be found to penetrate or
ed as reserved in United States Patent and any vein
rleadaetinf
hereby grant old, silver, cinnabar,
quartz or other rock in place bearing g
to
copper,
or other valuable deposits, which were claimed or
recordedeDecember
November 23, 1891 all as reserved in United states
14, 1900 in Book 39 at Page 136.
ux
8, Terms, co nditions, obligations and other matters disclosedd onP a age -°0 Las
Placer showing Oklahoma_Flats recorded in Town Plat Boo
k atReception No. 94166.
ranted unto Holy Cross Electric
Right-of-way Easement g 23,
Association, -Inc.
1996 as
90 Undergroundas set forth in instrument recorded May
Reception No. 392945.
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EXHIBIT . 6 ( page 1 of 2 )
INNER:
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION:
DESCRIPTION:
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
Chris Bendon, 920.5072 DATE: 3.9.98
270 North Spring Stream Margin and ADU
Leslie Rosenstein - Bill Poss 925.4755
one step
O.K. Flats Lot at Spring and Bay Streets. Stream margin, ADU, residential design
Land Use Code Section(s)
26.60 Conditional Use Criteria
26.40.090 Accessory Dwelling Units
26.68.040 Stream Margin Review
26.68 Residential Design Standards
Review by: Staff for completeness; P&Z for Stream Margin Review and 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 Deposit Minor ($1080)
p-ferral Agency Fees: Engineering, Minor ($110); Housing Minor ($70)
.1 Deposit: $1260 (additional hours are billed at a rate of $180/hour)
To apply, submit the following information:
1. 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. For Residential Proposals (Ord. 30):
a) Neighborhood block plan at 1"=50' (available from City Engineering Department)
Graphically show the front portions of all existing buildings on both sides of the block and their setback
from the street in feet. Identify parking and front entry for each building and locate any accessory
EXHIBIT 6 (page 2 of 2)
dwelling units along the alley. Indicate whether any portions of the houses immediately adjacent to the
subject parcel are one story (only one living level).
b) Site plan at 1" = 10'. Show ground floors of all buildings on the subject parcel, as proposed,
and footprints of adjacent buildings for a distance of 100' from the side property lines, Show topography
of the subject site with 2' contours.
c) All building elevations at 1/8" = 1'-0.
d) Floor plans, roof plan, and elevations as needed to verify that the project meets or does not
meet the "Primary Mass" standard.
e) Photographic panorama. Show elevations of all buildings on both sides of the block,
including present condition of the subject property. Label photos and mount on a presentation board.
11. List of adjacent property owners within 300' for public hearing.
12. Copies of prior approvals
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a
legal or vested right.
Notes:
The fire suppression system requirement is. for structures of 5,000 gross square feet or greater. This is for each
structure and is not cumulative for the property.
The "floor area bonus" .for providing an ADU, which counts only 50% of the square footage towards floor area,
iailable in two ways: 1) Providing a detached, above -grade ADU with a footprint of 450 square feet or less,
. A, 2) providing an attached, above=grade ADU which is available for occupancy. In either case the owner
retains the right to select the renter. In the attached scenario, however, the _housing authority may fill the unit if
the owner does not.
The tree relocation and/or removal requirements are for coniferous trees of over 16 feet in height, Gambles Oak
with a 3" or larger diameter, and deciduous trees with a 6" or larger diameter. Contact the Parks Department
concerning the on -site replacement requirements. 920.5120.
The property does not have any restrictions related to historic resources.
Attached are the existing and proposed Residential Design Guidelines. The proposed version is currently being
considered by the Planning and Zoning Commission. Any City Council action would happen after the first of
May.
PROJECT:
EXHIBIT 7 LAND USE APPLICATION
APPLICANT:
Name: The Branding Group
Location: SE Corner Spring St. and Bay St.
(Indicate street address, lot & block number, legal description where appropriate)
Name: Kristeen Rosenberg
Address: P.O. Box 10637, Aspen, CO 81612
Phone#: 970-920-9865
REPRESENTATIVE:
Name: Les Rosenstein, Bill Poss and Associates
Address: 605 E.-Main St., Aspen. CO 81611
Phone#: 970-925-4755
YPE OF APPLICATION: (please check all that apply):
®
Conditional Use
❑
Conceptual PUD
❑
Conceptual Historic Devt.
❑
Special Review
7
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.)
Existing free—standing one bedroom -house to -be removed.
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
New residence with an attached A.D.U.
Have you attached the following? FEES DUE: 1 , 2 6 0.0 0
[1 Pre -Application Conference Summary
ttachment #1, Signed Fee Agreement
..esponse to Attachment #2, Dimensional Requirements Form
Response to Attachment #3, Minimum Submission Contents
® Response to Attachment #4, Specific Submission Contents
® Response to Attachment #5, Review Standards for Your Application
EXHIBIT 8 (page 1 of 2)
ATTAcHMEmri _
City of Aspen -Development Application Fee Policy
The City of Aspen, pursuant to Ordinance. z* (Series of 1996), has established a fee stnictute for the
processing of land use applications. A flatfee or deposit is collected for land use applications based
on the type of application submitted. Referral fees for other City departments reviewing the
application will also be collected when necessary. One check including the deposit for Planning
and referral agency fees must be submitted with each land use application, made payable to the
Aspen/Pitkin Community Development Department. Applications wiil not be accented for
processing without the required application fee.
A flat fee is collected by Planning for Staff Approvals which normally take a minimal and
predictable amount of staff time to process. The fee is not refundable.
A deposit is collected by Panning -,when more extensive staff revie�x is required, as hours are likeiv
to vary substantially tom one application to another. Actual sta:fftime spent Will be charged
against the deposit After -die deposit has been ex ended, the applicant will be billed monthly based
on actual staff hours. C preen billings must be paid within ; 0 daays or processing of :he application
will be suspended. If an applicant has previously failed to pay application 'gees as required, zo ne•N
or additional applications will be accepted for processing until the outstanding fees are paid, In no
case will Building Permits be issued until ail costs associated with case processing have been paid.
Auer the final action on the project, any remaining balance from the deposit will be refunded to the
applicant.
Applications , winch require a. deposit must include an Agreement for P vment of Development
Application Fees. The Agreement establishes the applicant as being responsible for payment of all
costs associated with processing the application. The Agreement must be signed by the party
responsible for payment and submitted with the application In order for it to be accepted.
The complete fee schedule for land use applications is available at the Community Development
Department.
EXHIBIT-8 (page 2 of 2)
ASPENUPYIKIN COMMDEVELOPMENT DEPAR 1
Agrementfor P2YIffeut~of Citg -ofA Develoli mentAPpiicataon Pees
(Please Print Ceariv)
CTY OF ASPM (hereinafter CITY) and The Branding_ G r o uP
(h APPLIackN� AGREE AS FOLLOWS:
1. APPLICANThas submitted to CITY an application for' C o n d ; t- o n ? „.g P
jn n P A _ D . T _ i + Stream Margin Review (hereinafter, TBE PROJECT}.
2.. APPLICANT undue and agrees that City -of Aspen. Ordinance No. 43 (Series of 1996)
establishes a fee structure for land use applications and the payment of all processing fees is a'
condition precedent to a dete.*mination of spplication compieteness.
APPLIC.�,j�iI' and CIT�� agree chat because of the size. nature or scope of the proposed
project,, it is not possible at this time to ascertain the fu.ii extexit of the costs involved in processing
the appli,cation. APPLIC.��'T and CITY further agree that it is in the interest of the parties to allow
APPLICANT to make payment of an initial deposit and to therean" er permit additional costs zo be
billed to APPTTCANT on a monthly basis. CDT _? C.a �tT fees he will be oenehted ov :-ems, aininz
greater cash liquidity andWill make additional payments upon notirication by the C I when the;'
are necessary as costs are incurred. CITY agrees it -1,Ni l be benefited through the greater certainty or
recover,mg its full costs to process APPLiCe�'479 application.
4. CITY and APPLICA-NL I further agree that it is impracticable for CITY starto complete
processing or present sufficient information to the Planning Commission and/or City Council to
enable the Planning Commission and/or Citv Council to make legally =aired findings for project
approval, unless c•,rrrent billings are paid in frill prior to decision.
5. Therefore, APPLIC.A.NT agrees that in consideration of :he CITY's waiver of is Zgnt to
collect full fees prior to a detect nnadon of application completeness, APPLICANT shall pay an
initial deposit in the amount of 3 1, 2 6-0 -,which is for _7hours of Planning staff time, and if
actual recorded costs exceed the initial deposit, APPLICANT shall'pay additional monthly billings
to CITY to reimburse the CTTY for the processing of the. application mentioned above, including.
post approval review. Such periodic payments shall be made within 30 days of the -billing date.
APPLIC�ANT further agrees that failure to pay such accrued costs shall be grounds for suspension
of processing.
MY OF ASPEN APPLICANT
Stan auso
Community Development Director
City of Aspen
Signature:
Date:
Printed IName•
J
Mailing Address:
EXHIBIT 9
RIO URANDE PARK
CITY OF ASPEN
130 S GALENA
ASPEN, CO 81611
MAYER HOWARD
MAYER PAULINE
PO BOX 333
ASPEN, CO 81612
DCR FAMILY LIMITED PARTNERSHIP
1873 S BELLAIRE ST #700
DENVER, CO 80222
ASPEN VIEW LLC
ALLEN DOUGLAS P C/O
600 E HOPKINS AVE STE 302
ASPEN, CO 81611
RIO GRANDE LOT 8
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
BROWN RUTH HAMILTON
420 N SPRING
ASPEN, CO 81611
MORSE JAMES A TRUST 1/2 INT
107 SINCLAIR
MUSKEGAN, MI 49441
OBERMEYER KLAUS F
PO BOX 130
ASPEN, CO 81612
RIO GRANDE LOT 9
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
GOLDSTEIN GERALD H & CHRISTINE
S
PO BOX 2045
ASPEN, CO 81612
VANDEUSEN.EDWARD B & DIANA J
FAMILY TRST
23294 POMPEII DR
DANA POINT, CA 92629
HANSON HOWARD L 1/2 IN KLEIN HERBERT S
GROSS GAIL M HANSON FAMILY PARTNERSHIP 1/2 KLEIN MARSHA L - JT TENANTS
2700 POST OAK BLVD #1670 INT 201 N MILL ST #203
HOUSTON, TX 77056 PO BOX 1690 ASPEN, CO 81611
ASPEN, CO 81612
RT DENICE C LITTLE RIVER
R ABLE TRUST
187.j S BELLAIRE #700
DENVER, CO 80222
MORSE JAMES A TRUST
107 SINCLAIR DR
MUSKEGON, MI 49441
CAHN HARRIS A & ELAINE M
PO BOX 4060
ASPEN, CO 81612
FRATERNAL ORDER OF EAGLES
700 E BLEEKER AVE
ASPEN, CO 81611
KALLENBERG JEFFREY D J UND 50% BECKWITH DAVID E QUAL RES
INT TRUST 1/2 INT
KALLENBERG SANDRA L UND 50% C/O FOLEY & LARDNER
INT 777 E WISCONSIN AVE
401 MARKET ST STE 500 MILWAUKEE, WI 53202
SHREVEPORT, LA 71101
SEYMOUR FAMILY TRUST VOLK RICHARD W
PO BOX 12559 VOLK SUE J
MARINA DEL REY, CA 2327 MIMOSA
HOUSTON, TX 77019
COURTHOUSE & JAIL
PITKIN COUNTY
530 E MAIN ST
ASPEN, CO 81611
NEWBURY PARK
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
HIGBIE FAMILY TRUST
C/O REESE HENRY CPA
400 E MAIN ST
ASPEN, CO 81611
605 EAST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE 9701925-4755
FACSIMILE 9701920-2950
August 31, 1998
Re: Request for variance from the "Residential Design Standards."
To whom it may concern:
Bill Poss and Associates have been retained by The Branding Group to design a single family
residence at 270 North Spring Street, Aspen, Colorado. The residence has been designed to
effectively address the goals of the Aspen Area Community Plan. In the use of contextual
materials and in the massing of the structure Bill Poss and Associates has attempted to
promote the residential design standards as set forth in Ordinance 30.
We are requesting a variance to Chapter 26.58.040 Sub -Section 12, titled `Volume'. The
variance would apply to the south, rear, elevation at the living room, (1/SDA-1), and the west,
side street, elevation at the stair well, (2/SDA-2). The south elevation at the living room is a
single story space with a loft ceiling. This elevation is secluded and would be unseen by the
public. The design has been crafted to improve the interior natural lighting, enhanced exterior
views, and the exterior massing. The west elevation, fronting Spring Street, required improved
natural lighting at the stair well. This elevation, while visible to the street, is still in a secluded
area and attempts to provide a character and massing appropriate to the standards of the
community.
Thank you for your consideration of this matter.
Sincerely,
Ste en Holley
Project Manager
Enc.
M:\Proj_3\9812.00_Branding Group\Corr\981200-Itr083198-Variance.wpd
T. 0. BEAM
EL. IIq'-4 7/6"t T. O. PLATE
EL.
� IIIII L��) �) I��i�fll�i�il
T. O. BEAM
EL. 105'-9 142"
L
-I - -- -- - - - - - - - - - - - - - - - - - - - - - -
----------------------
EAST ELEVATION
T. 0. PLATE
EL. 117'-6
T. 0. PLATE
EL. III'-b'
T. 0. PLYWOOD
EL. 110 - -0"
T.0. PLATE
EL. 108'-b"
T. 0. PLYWOOD
EL. 100--0-
A
II
50"H ELEVATION
SCALE: 1*=10'-O"
-----------
T. O. PLYWOOD IL
EL. 100'-0" lo�
5. O. RAFTER
EL. 121`5 1/16"1
T. O. PLATE
EL. 110'-7"
T. O. PLYWOOD L
EL. 100'-0" lw�
605 EAST MAIN STREET
ASPEN, COLORADO 81611
TEL: (970) 925-4755
THE BRANDING
GROUP
270 NORTH SPRING ST.
A5FEN, COLCRAP0
PROJECT
9512.00 -151.700-5DACOI
DESCRIPTION
SOUTH $ EAST
EXTERIOR ELEVATION5
SCALE: V - 10'-0"
SHEET
21 DA — IR
(D 1997 BILL POSS & ASSOCIATES P.C.
THE INFORMATION AND DESIGN INTENT CONTAINED
ON THIS DOCUMENT IS THE PROPERTY OF BILL
POSS & ASSOCIATES.
ARCHITECTURE AND
PLANNING, P.C. NO PART OF THIS INFORMATION
MAY BE USED OR COPIED WFINOUr THE PRIOR
WRITTEN PERM
SSON OF BILL POSS & ASSOCIATES.
ARCHITECTURE AND PLANNING, P.C.
C. BILL POSS ASSOCATES. ARCHITECTURE AND PLANNING, P.C.
SHALL
nETAJN ALL COMMON LAW STATUTORY AND
OTHER RESERVED RIGHTS, INCLUDING COPYRrKT
THERETO.
ALL RIGHTS RESERVED.
T. O. PLATE
EL. I N'-6'
T. O. PLYWOOD
EL. 110--0-
T. 0. PLATE
EL. 107'-II 1/4"
T. O. PLYk'4000
EL. 100'-0'
------_-__---_- T. O. PLATE
EL. 126'-3 1/2'*
I� - 1~--�-•i
T. O. PLATE I I I f I I I I I t
EL.
iI
I - I
I' -
I
I _
-
1It d
,
I I
I- - -
- - - - - -
I
- - - - - - -
- - - - - y - - - - - - -
2 Y4E5T ELEVATION
SDA-2 SCALE, 1"=10'-O-
B.0. RAFTER. -
EL. 121'-85/8., ----------------------- _ - _ _
�� I II I II I I• - -
T. 0. PLATE -
EL. 108'-8 3/4" - -
I j
II I I
______________
T. O. PLATE
EL. IRO'-9 1/2'
T. 0. PLYWOOD
EL. 110'-O'
T. 0. 5LAB
EL. q8'-6'
B. O . RAFTER
----------------- EL. 125'-10 -1/8'z
[El
--- ---- -
T. 0. PLYWOOD II - _ N ,_ - _ i
i
EL. 100'-O"-
I I I I I I II II I I I I
I I I I I 1 1
--------=--Z--=-C---- --------------I--------Z----�
I NORTH ELEVATION
SDA-2 SCALE,
- _ - T. O. PLATE
EL.
T. 0. PLYWOOD
EL. 110'-0'
T. O. PLYWOOD
EL. 100'-0'
605 EAST MAIN STREET
ASPEN, COLORA00 51611
TEL: (970) 925-4755
THE BRANDING
GROUP
2-70 NORTH 5PRIN6 5T.
A5PEN, GOLORADO
2
PROJECT
-1512.00 IW 200-5DA002
DESCRIPTION
SOUTH 8 EAST
EXTERIOR ELEVATIONS
50ALE: I' . 10'-0"
SHEET
O 1997 BILL POSS k ASSOCIATES P.C.
THE INFORMATION AND DES" INTENT CONTAINI
ON THIS DOCUMENT IS THE PROPERTY OF BILL
POSS k ASSOCIATES, ARCHITECTURE AND
PLANNING. P.C. NO PART OF THIS NFORMADO
MAY BE USED OR COPIED WITHOUT THE PRIOR
WRITTEN PERMISSION OF SU POSS k ASSOCIK
ARCHITECTURE AND PLANNING, P.C. BILL POSS
ASSOCIATES, ARCHITECTURE AND PLANNING, P.C.
S tALL RETAIN ALL COMMON LAW STATUTORY ANI
OTHER RESERVED RIGHTS, INCLUDING COPYRIDHI
THERETO.
ALL RIGHTS RESERVED.
t
BAY s T..
54
—.door
Vt
Attachment S
County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT
} SS. TO ASPEN LAND USE REGULATIONS
State of Colorado } SECTION 26.52.060(E)
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:
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 &,L3 day o v , 199 5 (which is /�z days prior to the public
hearing date of % - 16- - 98 ).
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 ZAd"ay
of T (Ci ., 199 8, to the Arday of SlPT' y113s-�,,,199J L8 (Must be posted for at least
ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto.
(Attach photograph here)
Si ature
Signed before me thisof
199t by
1�
/JX ,
WITNESS MY HAND AND OFFICIAL SEAL
My Commission expires
My ('nmmiccinn PxnirPc• August 10. 1999
EXHIBIT
(CL
I h � -
Pit� is A
PUBLIC NOTICE
RE: BRANDING GROUP CONDITIONAL USE FOR AN ACCESSORY
DWELLING UNIT AND STREAM MARGIN REVIEW, 270 NORTH SPRING
STREET
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, .
September 15, 1998 at a meeting to begin at 4:30 p.m. before the Aspen Planning and
Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to
consider an application submitted by Kristeen Rosenberg of the Branding Group,
represented by Les Rosenstein of Bill Poss & Associates, requesting conditional use
approval for an Accessory Dwelling Unit and Stream Margin Review approval. The
property is located at 270 North Spring Street, and is legally described as the North half
of Lot 2 and all of Lots 3, 4, 5, and 6, Block 2, Oklahoma Flats Subdivision. For further
information, contact Chris Bendon at the Aspen/Pitkin Community Development
Department, 130 S. Galena St., Aspen, CO (970) 920-5072.
s/Sara Garton, -Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on August 29, 1998.
City of Aspen Account
-81ILL POSS AND ASSOCIATES
A"SPEN, COLO ADO
2
RIO GRANDE PARK
E CITY OF ASPEN
130 S GALENA
ASPEN, CO 81611
ASPEN VIEW LLC
ALLEN DOUGLAS P C/O
600 E HOPKINS AVE STE 302
ASPEN, CO 81611
RIO GRANDE LOT 8--
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
OBERMEYER KLAUS F
PO BOX 130
ASPEN, CO 81612
RIO GRANDE LOT 9-
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
MAYER HOWARD GOLDSTEIN GERALD H & CHRISTINE
MAYER PAULINE BROWN RUTH HAMILTON S
PO BOX 333 420 N SPRING PO BOX 2045
ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612
DCR FAMILY LIMITED PARTNERSHIP MORSE' DAMES A TRUST 1/2 INT F A AMILY T ILY TRN EDWAZZD B & DIANA J
ST
1873 S BELLAIRE ST #700 107 SINCLAIR FDENVER, CO 80222 MUSKEGAN, MI 49441 23294 POMPEIEII DR
DANA POINT, CA 92629
GROSS GAIL M
2700 POST OAK BLVD #1670
HOUSTON, TX 77056
R 'DENICE C LITTLE RIVER
RL SABLE TRUST
1873 S BELLAIRE #700
DENVER, CO 80222
MORSE JAMES A TRUST
107 SINCLAIR DR
MUSKEGON, MI 49441
KALLENBERG JEFFREYID JUND 50%
INT
KALLENBERG SANDRA L UND 50%
INT
401 MARKET ST STE 500
SHREVEPORT, LA 71101
SEYMOUR FAMILY TRUST
PO BOX 12559
MARINA DEL REY, CA
HANSON HOWARD_L_I/2 IN___
KLEIN HERBERT S
HANSON FAMILY PARTNERSHIP 1/2
KLEIN MARSHA L - JT TENANTS
INT
201 N MILL ST 9203
PO BOX 1690
ASPEN, CO 81611
ASPEN, CO 81612
CAHN HARRIS A & ELAINE M
COURTHOUSE & JAIL
PITKIN COUNTY
PO BOX 4060
530 E MAIN ST
ASPEN, CO 81612
ASPEN, CO 81611
NEWBURY PARK
FRATERNAL ORDER OF EAGLES
CITY OF ASPEN
700 E BLEEKER AVE
130 S GALENA ST
ASPEN, CO 81611
ASPEN, CO 81611
BECKWITH DAVID E- QUAL RES
TRUST 1/2 INT
C/O FOLEY & LARDNER
777 E WISCONSIN AVE
MILWAUKEE, WI 53202
V OLK RICHARD W
VOLK SUE J
2327 MIMOSA
HOUSTON, TX 77019
HIGBIE FAMILY TRUST
C/O REESE HENRY CPA
400 E MAIN ST
ASPEN, CO 81611
Saturday Sunday, August 29-30, 1998 - The Aspen Times 13-E
the County's opinion, any ongoing or
violation 'res with public use of
er Roat •nty, at its discretion,
:diately opriate legal or equi-
in. Whet. s a dispute about the
of a violation after written explanation
A to the County by the Underwoods,
s agree to meet as soon as possible to
leir differences. If a resolution of the
s cannot be achieved at the meeting,
es agree to meet with a mutually
e mediator who has substantial con -
experience within twenty (20) days
meeting to attempt to resolve the dis-
e mediation session. If.there is no res-
the dispute by the end of the media -
on, the County may, at its discretion,
ropriate legal or equitable action,
court action for a temporary or per-
ijunction. The historical and ongoing
rrangement (as specified in Paragraph
J) is in compliance and permitted; and
interfere with the safety of public use
River Road.
y action to enforce the terms of this
it, the prevailing party shall be entitled
cable attorneys' fees, expert witness
costs as a part of any judgment ren-
ng contained in this Easement shall be
J to either party to take action against
for any injury or change to the Parking
ilting from causes beyond their control,
,, without limitation, fire, flood, storm,
:h movement, or from any prudent
ken by either party under emergency
is to prevent,- abate or mitigate signifi-
ry to the Parking Area or Upper River
Lilting from such causes.
,withstanding anything else in this
t, the County shall have the ability to
a portion of the Parking Area as pub-
s to connect to the. railroad right of way,
tion to be a width sufficient to accom-
a public trail according to standards
he Pitkin County Open Space and Trails
and in a I—Fition to be determined by
ity. A ` I location for a twenty
trail i -)n Exhibit C. Notice of
ion to ods and recordation of
iate legs. _, iption of the public trail
:he County's responsibility.
Parking Easement is taken, in whole or
by exercise of the power of eminent
Underwoods shall be entitled to com-
n in accordance with applicable law.
rwoods agree to incorporate the terms
isement in any deed or other legal inter-
hich they convey any interest in all or
: of the Property benefitted by this
t. The Underwoods further agree to
ten notice to the County of the transfer
terest at the time of such transfer, and
ice shall include a new notice address
under paragraph 17.
instrument sets forth the entire agree -
he parties with respect to the Easement
�rsedes all prior discussions, negotia-
derstandings, or agreements relating to
ment, all of which are merged herein.
ndment must be in writing, signed by
covenants, terms, conditions, and
ins of the Easement shall be binding
id inure to the benefit of, the parties
ind their respective successors and
ind shall continue as a servitude on the
described in Exhibit B and a benefit to
eerty described in paragraph B of the
running in perpetuity with the land.
iotice address for the parties is as fol-
,i County: c/o County Attorney's Office
t Main
CO 81611
:rwoods:
?SS WHEREOF, the parties have execut-
greement on the date written above.
K. Underwood,
ie Gart'
)F CC 1MMISSIONERS,-
OUN RADO
t Farris, Chair
Jones, Deputy Clerk
ED AS TO FORM:
Ely, County Attorney
Konchan, County Manager
EXHIBIT "A"
Linty of Pitkin to the Underwoods)
n of an existing sixty -foot (60D wide
)ad easement as described in Book 156
41 in the Pitkin County Clerk and
's Office, situated in a parcel of land as
J in Book 497, at Page 634 in the Pitkin
S11°16'10"E 80.49 feet to a point on the souther-
ly boundary line of said parcel of land described
in Book 497, at Page 634; thence leaving said
county road, along said southerly line
S75°08'00"W 43.61 feet; thence leaving said
southerly line 183.59 feet along the arc of a
curve to the right having a radius of 1595.52 fee l
and a central angle of 06°35'34", and a chor
which bears N08°54'58"W 183.49 feet; thenc
N05°37'10"W 454.70 feet; thence 276.54 feet
along the arc of a curve to the left having a
radius of 850.00 feet and a central angle of,�
18.14'09", and a chord which bears N1 4°44'1 j
5"W 269.39 feet; thence N23°51'20"W 378.44 feet
to a point on the northerly boundary line of said
parcel of land described in Book 497, at Page
634; thence along said northerly boundary line
N90°00'00"E 67.61 feet to the True Point of
Beginning, said parcel of land containing 1.690
acres, more or less.
EXHIBIT C
To be provided by Second Reading.
Published in The Aspen Times August 29, 1998.
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE: That the Board of
County Commissioners of Pitkin County,
Colorado, will consider the following Resolution
at the Board's regular meeting on Wednesday,
September 9, 1998 at 3:00 P.M., Plaza One
Meeting Room, Plaza Building, 530 E. Main
Street, Aspen, at which time and place all mem-
bers of the public may appear and be heard:
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING DETAILED
SUBDIVISION/FINAL PLAT APPROVAL TO THE
WEST RANCH SUBDIVISION
AFFORDABLE HOUSING PROJECT
Copies of the proposed Resolution are avail-
able for public inspection during regular busi-
ness hours in the Office of the Clerk and
Recorder, 530 East Main Street Aspen, Colorado
81611. Phone (970) 920-5180
Jeanette Jones
Deputy County Clerk
Published in The Aspen Times on August 29,
1998.
AMENDED
NOTICE OF PUBLIC TRUSTEE'S SALE
No. 98-11
To Whom It May Concern: This Notice is given
with regard to the following described Deed of
Trust:
S.A.CO.; INC., a Nebraska Corporation- Original
Grantor (Borrower)
American National Mortgage Corporation -
Original Beneficiary and/or assigns
Firstrust Savings Bank- Current Owner of the
Evidence of Debt Secured by the Deed of Trust
January 22,1986- Date of Deed of Trust
January 22, 1986- Recording Date of Deed of
Trust
Pitkin- County of Recording_
Book No. 503, Page No. 918 of Deed of Trust
YOU ARE HEREBY NOTIFIED that the owner of
the evidence of debt, the original principal
amount of which was $125,000.00 dollars, and
which is secured by the Deed of Trust described
above, has filed written election and demand for
sale as provided in said Deed of Trust. The out-
standing principal balance due and -owing upon
the evidence of debt secured by the above -
described Deed of Trust being foreclosed is
$30,337.72 as of _19_,
The real property being foreclosed is all of the
property encumbered by said Deed of Trust, and
is described as follows:
CONDOMINIUM UNIT 5, as shown on the
Condominium Map for ASPEN SQUARE CONDO-
MINIUM, appearing in the records of the County
Clerk and Recorder of Pitkin County, Colorado,
Reception No. 133472, and as defined and.
described in that Declaration -Aspen Square
Condominium, appearing in such records at
Book 238 at Page 249-274,
also known by street and number as: 617 EAST
COOPER AVENUE, ASPEN, CO 81611
THE LIEN OF THE DEED OF TRUST BEING FORE-
CLOSED MAY NOT BE A FIRST LIEN.
THEREFORE, NOTICE IS HEREBY GIVEN that I
will, at 10:00 o'clock a.m., on the date of
September 30, 1998, at the Southfront door of
the Pitkin County Courthouse, 506 East Main
Street, Aspen, Colorado, sell at public auction to
the highest and best bidder for cash, the real
property described above, and all interest of
said Grantor, the heirs, successors and assigns
of said Grantor, for the purpose of paying the
indebtedness provided in said evidence of debt
and Deed of Trust, attorney's fees, and the
expenses of sale, and will deliver to the pur-
PUBLIC NOTICE
RE, BRANDING GROUP CONDITIONAL USE FOR
AN ACCESSORY DWELLING UNIT AND STREAM
MARGIN REVIEW, 270 NORTH SPRING STREET
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Tuesday, September 15, 1998 at a
meeting to begin at 4:30 p.m. before the Aspen
Planning and Zoning Commission, Sister Cities
Meeting Room, City Hall, 130 S. Galena -St.,
Aspen, to consider an application submitted by
Kristeen Rosenberg of the Branding Group, rep-
resented by Les Rosenstein of Bill Poss &
Associates, requesting conditional use approval
for an Accessory Dwelling Unit and Stream
Margin Review approval for a new single family
home. The property is located at 270 North
Spring Street, and is legally described as the
North half of Lot 2 and all of Lots 3, 4, 5, and 6,
Block 2, Oklahoma Flats Subdivision. For further
information, contact. Chris Bendon at the
Aspen/Pitkin Community Development
Department, 130 S. Galena St., Aspen, CO (970)
920-5072.
s/Sara Garton, Chair
Aspen Planning and Zoning Commission
Published in The Aspen Times August 29, 1998.
PUBLIC NOTICE
RE: 735 W. BLEEKER STREET LANDMARK DES-
IGNATION, CONDITIONAL USE FOR TWO ADU'S
AND TWO DETACHED UNITS ON A 6,000
SQUARE FOOT LOT, AND SPECIAL REVIEW FOR
PARKING
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Tuesday, September 15, 1998 at a
meeting to begin at 4:30 p.m. before the Aspen
Planning and Zoning Commission, Sister Cities
Meeting Room, City Hall, 130 S. Galena St.,
Aspen, to consider an application submitted by
Drew Dolan requesting approval for a landmark
designation, conditional use approval for two
accessory dwelling units and two detached
units on a 6,000 square foot landmark lot (pend-
ing approval), and special review for parking
variance. The property is located at 735 W.
Bleeker, and is described as Lots A and B, Block
18, City and Townsite of Aspen. For further infor-
mation, contact Amy Guthrie at the Aspen/Pitkin
Community Development Department, 130 S.
Galena St., Aspen, CO (970) 920-5096.
s/Sara Garton, Chair
Aspen Planning and Zoning Commission
Published in The Aspen Times August 29, 1998.
PUBLIC NOTICE
RE: 934 WEST FRANCIS STREET, CONDITIONAL
USE REVIEW FOR TWO (2i ACCESSORY
DWELLING UNITS (ADUs)
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Tuesday, September 15, 1997 at a
meeting to begin at 4:30 p.m. before the Aspen
Planning and Zoning Commission, Sister Cities
Meeting Room, City Hall, 130 S. Galena St.,
Aspen, to consider an application submitted by
Running Bear, LLC., represented by John
Galambos, requesting Conditional Use approval
to construct two (2) accessory dwelling units
above the alley -accessed garages of the associ-
ated primary residences. The property was split
into two separate parcels via Ordinance Number
39, Series of 1997, and the current application
.requests approval to place one ADU on each of
the two parcels. The property is located at 934
W. Francis and is legally described as Lots L and
M, and Lots N and 0, Block 3, City and Townsite
of Aspen. For further 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 August 29,
1998.
PUBLIC NOTICE
PLEASE TAKE NOTICE that Pitkin County has
filed a Petition with the Basalt Water
Conservancy District requesting the inclusion
into said District of the following described
lands located in the County of Pitkin, State of
Colorado; to wit:
See Exhfbft "A" attached hereto and incorporat-
ed herein by this reference.
Said Petition shall be heard at the regular meet-
ing of the Board of Directors of said District on
Monday, September 14, 1998, at 7:30 o'clock P.M.
at the Country Inn, 1920 Cowen Dr., Carbondale,
Colorado, when and where all persons. interest-
ed shall appear and show cause, in writing, why
said Petition should not be granted. The failure
of any person to file a written objection shall be
taken as an assent to the inclusion of the above
described lands within the District. Written
objections may be filed in advance of said meet-
ing by mailing or delivery to the Basalt Water
Conservancy District at 302 Eighth Street, Suite
ner of section 6 of said Township and Range
bears S 54°50'21' E 1145.16 feet; thence N
44°09'27" W 25.00 feet to the true point of begin-
ning;
thence N 45°50'33" E 35.00% thence 15.62 feet
along the arc of a curve to the right, having a
radius of 35.00 feet, a chord which bears N
58'37'36" E 15.49 feet to a point on the
southwesterly right-of-way line of Colorado
State Highway No. 82, also being the point of ter-
minus.
Easement 3
Beginning at a point whence the southeast cor-
ner of Section 6 of said Township and Range
bears S 54°50'21" E 1145.16 feet; thence S
44'09'27" E 75.00 feet; thence N 45°50'33" E 35.00
feet to true point of beginning; thence N
45°50.'33" E 10.07 feet to a point on the south-
westerly right-of-way line of Colorado State
Highway No. 82, also being the point of termi-
nus.
Easement 4
Beginning at a point whence the southeast cor-
ner of Section 6 of said Township and Range
bears S 55'25'03" E 907.80 feet; thence 16.90 feet
along the arc of a curve to the left, having a
radius of 35.00 feet, a chord which bears N
32°00'32" E 16.74 feet to a point on the south-
westerly right -of way line of Colorado State
Highway 82, also being the point of terminus,
Together with a 40-foot wide easement to Parcel
A for ingress and egress being 20 feet each side
of the following description:
Easement 5
Beginning at a point whence the southeast cor-
ner of Section 6 of said Township and Range
bears S 54°50'21" E 1145.16 feet; thence S
44°09'27" E 75.00 feet; thence N 45°50'33" E 35.00
feet to the point of terminus.
The above described parcel of land contains
3.385 acres as described.
Published in The Aspen Times August 15, 22, 29,
1998.
RESOLUTION NO. 58
(Series of 1998)
A RESOLUTION OF THE CITY COUNCIL OF
ASPEN, COLORADO, RELATIVE TO THE
PETITION FOR ANNEXATION OF TERRITORY
TO THE CITY OF ASPEN, COMMONLY KNOWN
AS THE "BURLINGAME RANCH"; FINDING SUB-
STANTIAL COMPLIANCE WITH SECTION 31-12-
107(1), C.R.S.; ESTABLISHING A DATE, TIME,
AND PLACE FOR A PUBLIC HEARING TO
DETERMINE COMPLIANCE WITH SECTIONS
31-12-104 AND 31-12-105, C.R.S.; AUTHORIZING
PUBLICATION OF NOTICE OF SAID HEARING;
AND AUTHORIZING THE INSTITUTION OF
ZONING PROCEDURES FOR LAND IN THE AREA
PROPOSED TO BE ANNEXED.
WHEREAS, on July 20, 1998, the City Manager
on behalf of the City of Aspen, the owner of the
property proposed to be annexed; did file with
the City Clerk of the City of Aspen a Petition for
Annexation of territory to the City of Aspen,
whereby -real property described in Exhibit "A"
appended to the Petition for Annexation, is
being petitioned for annexation to the City of
Aspen; and
WHEREAS, the. City Clerk of the City, of Aspen
has referred the aforesaid petition as a commu-
nication to the City Council for appropriate
action to determine if the petition is substantial-
ly in compliance with Section 31-12-107, C.R.S.;
and
WHEREAS, the petition, including accompany-
ing copies of an annexation map, has been
reviewed by the City Attorney's Office and the
City Engineer and found by them to contain the
information prescribed and set forth in para-
graphs (c) and (d) of subsection (1) of Section
31-12-107, C.R.S.; and
WHEREAS, one hundred percent (100%) of the
owners of the affected property have consented
to annexation of their property to the City: of
Aspen; and
WHEREAS, Section 31-12-107(1)(g), C.R.S., man-
dates that the City of Aspen initiate annexation
proceedings in accordance with Sections 31-12-
108 to 31-12-110, C.R.S., whenever a petition is
filed pursuant to subsection (1) of Section 31-12-
107, C.R.S.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF ASPEN, COL-
ORADO:
Section 1
That the Petition for Annexation of territory to
the City of Aspen is hereby found and deter-
mined to be in substantial compliance with the
provisions of subsection (1) of Section 31-12-
107, CRS.
Section 2
That the City Council hereby determines that it
shall hold a public hearing to determine if the
proposed annexation complies with Sections 31-
12-104 and 31-12-105, C.R.S., and to establish
Whothpr nr not cnirl nran is alieihla fnr nnnavn_
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21
APPLICANT: Kristeen Rosenberg of the Branding Group (Represented by
Bill Poss and Associates)
LOCATION: 270 North Spring
ACTION: CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT
(GMQS EXEMPTION), STREAM MARGIN REVIEW,
RESIDENTIAL DESIGN VARIANCES
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.
- OVER -
EXHIBIT
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3
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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.
RESIDENTIAL DESIGN STANDARDS:
If a variance is granted, it would have to be based on one of the following
criteria:
1. The proposed design yields greater compliance with the goals of
the Aspen Area Community Plan.
2. The proposed design more effectively addresses the issue or
problem the given standard responds to.
3. A variance is clearly necessary for reasons of fairness related to
unusual site specific constraints.
Garage: All portions of a garage, carport, or storage area parallel to the street
shall be recessed behind the front facade a minimum of ten feet.
Volume (windows): All areas of an exterior expression of a plate height greater
than 10 feet shall be counted as 2 square feet for each 1 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 15 feet above floor level.
STREAM MARGIN:
Standards applicable to development within 100 feet of the Roaring Fork River and
its tributary streams:
A. No development shall be permitted in the floodway, with the exception of
bridges or structures for irrigation, drainage, flood control or water
diversion, which may be permitted by the City Engineer, provided plans
and specifications are submitted to demonstrate that the structure is
engineered to prevent blockage of drainage channels during peak flows
and the Commission determines the proposed structure complies, to the
extent practical, with all standards set forth below.
B. No development shall be permitted within one hundred (100) feet,
measured horizontally, from the high water line of the Roaring Fork River
and its tributary streams, or within the Special Flood Hazard Area where
it extends beyond 100 feet from the high water line of the Roaring Fork
River and its tributary streams, unless the Commission makes a
determination that the proposed development complies with all
standards set forth below:
1. It can be demonstrated that any proposed development which
is in the Special Flood Hazard Area will not increase the base
flood elevation on the parcel proposed for development. This
shall be demonstrated by an engineering study prepared by a
professional engineer registered in the State of Colorado which
shows that the base flood elevation will not be raised, but not
limited to, proposed mitigation techniques on or off -site which
compensate for any base flood elevation increase caused by the
development.
2. Any trail on the parcel designated on the Aspen Area
Community Plan, Parks/Recreation/Open Space/Trails Plan
Map, or areas of historic public use or access are dedicated via
a recorded easement for public use. Dedications are
necessitated by development's increased impacts to the City's
recreation and trail facilities including public fishing access.
3. The recommendations of the Roaring Fork Greenway Plan are
implemented in the proposed plan for development, to the
greatest extent practical.
4. There is no vegetation removed or damaged or slope grade
(cut/fill) made outside of a specifically defined building
envelope. A building envelope shall be designated by this
review and said envelope shall be barricaded prior to issuance
of any demolition, excavation or building permits. The barricades
shall remain in place until the issuance of Certificates of
Occupancy.
5. The proposed development does not pollute or interfere with the
natural changes of the river, stream or other tributary, including
erosion and/or sedimentation during construction. Increased on -
site drainage shall be accommodated within the parcel to prevent
entry into the river or onto its banks. Pool or hot tubs cannot be
drained outside of the designated building envelope.
6. Written notice shall be provided to the Colorado Water
Conservation Board prior to any alteration or relocation of a
water course, and a copy of said notice is submitted to the
Federal Emergency Management Agency.
7. A guarantee is provided in the event a water course is altered or
relocated, that applies to the developer and his heirs, successors
and assigns that ensures that the flood carrying capacity on the
parcel is not diminished.
8. Copies are provided of all necessary federal and state permits
related to the work within the 100-year floodplain.
9. There is no development other than approved native vegetation
planting taking place below the top of slope or within fifteen (15)
feet of the top of slope or the high waterline, whichever is most
restrictive. This is an effort to protect the existing riparian
vegetation and bank stability. If any development is essential
within this area, it may only be approved by special review
pursuant to Section 26.64.040(D).
10. All development outside of the fifteen (15) foot setback from the
top of slope does not exceed a height delineated by a line drawn
at a forty-five (45) degree angle from ground level at the top of
slope.
11. A landscape plan is submitted with all development applications.
12. All exterior lighting is low and downcast with no lights directed
toward the river or located down the slope.
13. Site sections drawn by a registered architect, landscape
architect, or engineer are submitted showing .all existing and
proposed site elements, the top -of -slope, and pertinent
elevation above sea level.
14. There has been accurate identification of wetland and
riparian areas.
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EXHIBITS*
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"Demo" means the exhibit is used only for demonstration or illustrative purposes.
WITNESS FIST*
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NAME OF WITNESS:
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4.
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6.
7.
8.
9.
10.
11.
12.
13.
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15.
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* Includes staff persons, but excludes staff attorney and board members.
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Interim Community Development Director
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FROM: Amy Guthrie, Historic Preservation Officer
RE: 303 E. Main Street, Special Review for Trash Area
DATE: September 15, 1998
SUMMARY: In early .1996, the Planning and Zoning Commission reviewed several
aspects of the proposed redevelopment at 303 E. Main Street, including Special Review
to decrease the trash storage area. The code requirement for trash storage on the parcel is
a 10'x 20'x 10' space. P&Z approved the location of the trash area on the first floor of
the tower and a decrease in the height of the space to 8' in order to lower the overall
height of the tower. A drawing showing the approved trash area configuration is
attached. Note that although the area is configured like a garage, it is not designated
parking for the site.
Since that time the project has been built and the restaurant tenant has taken most of the
first floor of the tower for dry storage and cold food storage. Trash is being carried down
the alley to the Howling Wolf, who have made an informal agreement with Matsuhisa.
This situation appears to address the restaurant's trash disposal needs, but is preventing
the project from receiving a "Certificate of Occupancy."
The applicant requests Special Review to further decrease the trash storage area and to
offset that decrease with a better trash removal program, including a written agreement
with the Howling Wolf and a more frequent trash pick-up schedule for the garbage that is
stored in the building.
APPLICANT: Matsuhisa, represented by Jeffrey Halferty.
LOCATION: 303 E. Main Street.
ZONING: CC, Historic Landmark.
CURRENT LAND USE: Restaurant, Bar, Retail Space, Apartment.
LOT SIZE: 4,500 square feet.
Exhibit A
REFERRAL COMMENTS: The project was discussed by the City referral agencies
who had the following comments. The comments have been listed as conditions of
approval.
The Engineering Department has no concerns as long as trash containers are out of the
City right-of-way.
Environmental Health will accept the proposal if the trash area in the tower is tightly
sealed off from the food storage area to their satisfaction. Environmental Health must
confirm that Matsuhisa will still have adequate cold food storage with the dedication of
some of the existing area to trash storage.
The Fire Department must confirm that the sprinkler system is adequate (this was
checked as part of the original application, but should be re -confirmed.)
Brian Flynn, the City's Environmental Ranger has concerns that any trash dropped in
transport from 303 E. Main to the Howling Wolf, be picked up and disposed of.
STAFF REVIEW AND RECOMMENDATION:
26.64.040 Review standards for special review.
No development subject to special review shall be permitted unless the commission
makes a determination that the proposed development complies with all standards and
requirements set forth below.
Utility/trash service area. Whenever the special review is for reduction of the dimensions
of a utility/trash service area, the development application shall be approved only if.
1. There is a demonstration that given the nature of the potential uses of the
building and its total square footage, the utility/trash service area proposed to be
provided will be adequate.
Response: The proposed trash area, shown in two possible locations as Scheme A and
Scheme B, is 10'x 5' 1 "x 8,' or 54 square feet. The required space is 10'x 20' x 10,' or
200 square feet. Therefore the applicant proposes to provide one fourth of the required
space. This would appear to be unacceptable and inadequate without a means of
supplementing the space, which is what the applicant proposes through an agreement
with the Howling Wolf, an adjacent restaurant.
The City has been working for some time to consolidate trash areas and clean up the
commercial alleys by installing compactors. This alley is under consideration for a
compactor, but will probably not receive one for some time. In the interim, a formal
written agreement to share a dumpster with the Howling Wolf seems to serve a similar
purpose.
2
The trash area which is designated on the 303 E. Main site will accommodate 5
residential type plastic garbage containers. According to BFI, these 5 containers are
equivalent to a 2.5 yard standard dumpster. Trash pick up service will be done on a daily
basis and the company can access ,the space through the garage doors by entering a code
on the security panel on the outside of the building. This area will handle the trash for the
apartment unit, bar area in the historic house, and retail space in the shed. The bar and
retail spaces are relatively small, 1044 square feet and 168 square feet respectively, and
the bar does not have a kitchen.
Staff recommends that P&Z accept the proposal on the receipt of a signed and recorded
copy of the agreement with the Howling Wolf. Please note that the agreement states that
other tenants of the 303 E. Main project may use the Howling Wolf dumpster if needed,
which will provide a safeguard if the trash area in the building becomes full.
Additionally, staff recommends conditions of approval that ensure the trash is adequately
handled in the future as follows. At such time as a compactor is installed in the alley, the
owner and tenants of 303 E. Main Street will be required to participate in that program.
If the agreement with the Howling Wolf becomes invalid before a compactor is installed,
and no other similar agreement is in place within 10 days, this approval will be nullified
and the applicant must modify the trash storage area on the site to the configuration
originally approved in 1996.
2. Access to the utility/trash service area is adequate.
Response: The proposed trash storage area is readily accessible from the alley.
3. Measures are provided for enclosing trash bins and making them easily
movable by trash personnel.
Response: The trash bins are fully enclosed within the 303 E. Main building and
sprinklers are installed for fire safety.
As mentioned above, trash removal will be through the existing garage doors, directly
into the alley.
4. When appropriate, provisions for trash compaction are provided by the
proposed development and measures are taken to encourage trash compaction by
other developments on the block.
Response: It is anticipated that a common trash compactor may be installed in this alley
in the future, therefore the arrangement to share trash services with another business as a
temporary measure until that time seems appropriate.
5. The area for public utility placement and maintenance is adequate and safe
for the placement of utilities.
3
Response: No other utilities are affected by this proposal.
STAFF FINDINGS AND RECOMMENDATION: Staff recommends approval of the
Special Review for Trash Area at 303 E. Main Street with conditions, finding that the
required standards have been met.
RECOMMENDED MOTION: "I move to approve Special Review for Trash Area at 303
E. Main Street with the following conditions:
1. The on -site trash storage area shall be as shown in either Scheme A or B, as shown
on Exhibit C and as reviewed by the Planning and Zoning Commission on September 15,
1998.
2. The attached agreement with the Howling Wolf must be signed and recorded with
the City Clerk's office within 15 days of this approval.
3. The separation wall between the trash area and food storage area shall meet the
requirements of the Environmental Health Department. Environmental Health must also
confirm that Matsuhisa will still have adequate cold food storage with the dedication of
some of the existing area to trash storage.
4. The Fire Department must confirm that the sprinkler system is adequate
5. In transporting their garbage from 303 E. Main Street to the Howling Wolf,
Matshuhisa, or any other tenants of 303 E. Main who may participate in the trash agreement
with the Howling Wolf, are responsible for picking up items that fall to the ground. Failure
to do so will result in a notice of violation from the City's Environmental Ranger and his
recommendation that the trash storage revert to the approval as granted in 1996.
6. No fewer than five 90 gallon residential type trash containers, or an equivalent size
dumpster will be placed in the on -site trash storage area and pick up for trash will be on a
daily basis, as represented by the applicant.
7. At such time as a compactor is installed in the alley, the owner and tenants of 303
E. Main Street will be required to participate in that program.
8. If the agreement with the Howling Wolf becomes invalid before a compactor is
installed, and no other similar agreement is in place within 10 days, this approval will be
nullified and the applicant must modify the trash storage area on the site to the
configuration originally approved in 1996.
9. All material representations made by the applicant shall be considered conditions
of approval.
4
EXHIBITS:
A. Staff memo dated September 15, 1998
B. Referral comment from Brian Flynn, dated September 9, 1998
C. Drawing of trash area approved in 1996
D. Application
5
September 9, 1998
THE CITY OF ASPEN
Amy Guthrie
Community Development
City of Aspen •
130 S Galena
Aspen, CO 81611
Re: Matsuhisa Trash Disposal
Dear Amy,
As per our conversation, I feel that the current proposal for Matsuhisa's waste disposal is
sufficient.
To my knowledge Matsuhisa will be obtaining a written agreement with the Howling
Wolf for the use of their dumpster. In addition they will be adding five garbage Q
containers to be enclosed in the lower half of the tower building. I feel that under these
conditions they will be able to properly -dispose of their solid waste.
My biggest concern is the'transportation of garbage from Matsuhisa to -Howling Wolf.
During this time they should take great care to prevent garbage from blowing away or
falling to the ground. In the event it does happen they will be responsible for cleaning up
any mess. The failure to do so will result in a notice of violation and my recommendation
that Matsuhisa use the bottom half of the tower building as it was intended.
In the future business' in the Commercial Core will be required to use compactors. At
that time, Matsuhisa will be required to participate in this program.
If you have questions'or would like to discuss this further please call me at 920-5120.
Clan %l nn
Environmental Ranger
attachment
Exhibit B
130 SOUTH GALENA STREET ASPEN, COLORADO 81611-1975 PHONE 970.920.5000 FAx 970.920.5197
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Response to Attacbment 4,, Review StwxIards for Your APPI i cation
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215 S Monarch St. suite 202
Aspen, Colorado 81611
(970) 920-4535
(970) 925-4990 Fax
Memo
DATE: 8/26/98
TO: The City of Aspen
Community Development
Attn.: Julie Ann Woods, Deputy Director
Stan Clauson, Director
Amy Guthrie, Staff H.-P. C.
FROM: Jeffrey Halferty
RE: 303 E. Main St.
Matsuhisa Restaurant
Application for Planning and Zoning
Trash Storage Area
COMMENTS:
Dear Amy,
As per your request, here is the additional information you requested. Concerning your memo dated.
8/19/98 we .have answered your and Environmental Health's concern.
Matsuhisa is submitting a letter of continued agreement with the Howling Wolf for trash disposal. _
Matsuhisa would like to continue with the idea of creating a sealed off i storagejaWik
accessed from, the south side of the tower. This storage area will be approx. 41 Sq. ft- an*.w#k
accommodate both trash and recycling. Grease is disposed of properly with a separate grease
trap. The storage area will be separated f x* the dry storage area with a full height partition wall
with two layers of sheet rock and coated with an acrylic paint.
The trash area will accommodate five-5 yard portable storage containers. There will be a daily
pick up and no compactor will be used.
Please give me a call with any questions or requests.
Yows Truly,
ey Halferty
cc: Matsuhisa Aspen
Nobu Matsuhisa
Charles Fagan Esq.
Jeffrey Klein
Niklaus Kuhn
HUU-�&-1398 12 : 02 FROM CHARLE'S D FAGAN T 0 92.554990 P . 02
WHEREAS Aspen Madman, Inc. d/b/a The 14owiing Wolf (herein referred'to as "The
Howling Wolf') is the tenant under a long term lease renting The building located at 316 E.
Hopkins Avenue, Aspen., Colorado; and,
WHEREAS Matsuhisa Aspen, LLC d/b/a Matsuhisa-Aspen (herein referred to as
"Tvft�hisa .Aspen'� is a tenant zmder a long term lease renting space at the building located at
303 E. Mains Sweet, Aspen, Colorado; and,
WHEREAS Matsuhisa Aspen and The Howling Wolf wish to consolidate their trash
service for both financial, environmental and aesthetic reasons.
NOW, THEREFORE, in exchange for the terms and conditions set forth in this
agreement, the parties agree as follows:
1. The Howling Wolf currently has a large trash disposal dumpster located on the
premises at 316 E. Cooper Avenue, Aspen, Colorado. The dumpster is serviced
and emptied on a regular schedule.
2. The parties agree that Matsuhisa-Aspen may dispose of its tr-dsh in The Howling
Wolf tel.
3. Maumhisa Aspen agr= to pay the iuuuddy =rvicv f= for the. serviciug duct
emptying of The Howling Wolf dumpster.
4. The parties agree that any increase or modification in trash service made necessary
by tho tetras and conditions of this agreement will be contracted for by The
How4ng Wolf anti paid fur by Mat'sulusa Asper.
5. Mies agree that Matsuhisa-Aspen shall be entitled extend the right to use
T'lit- Howling Wolf dumpster for brash disposal to the other tenants in the building
located at 303 E. Main Street, Aspen, Colorado.
6. T w term of this agreement shall, be for five (5) years from January 1,1999.
7. The parties acknowledge and understand that this �� wiU m elIW& to
cooperate, commmucate and work together to establish, maintain anctuWthe
dumtpswr and trash service in a cooperative and reasonable mauncr. Thcrcforc,
the parties agree than their conduct and the administration and station of
this t shall be undertaken and conducted in a manner that respects the
rights of the respective parties and reflects each party's obligation to act in. good
faith and fair dealing toward the other parties to this agrocmenx.
BUG-26--1998 12 02 FROM CFPRLE5 D FAGAN TO 9254990 P. 03
TRASR SERVICE SNARING AGREEMENT Bdwesn Agm Ma+d=4 Ins d'Wa the Howling Wolf and
MAMUbba-A.speat, LLC d&a Aspen
A"EN MADMAN, INC. D/WA THE HOWLING WOLF
By: Rob Murdock, Vice Presidcat
MATSUHISA-ASPEN, LLC
Date:
By: Nobulw Sm]a Ka¢& MamgM
APPLICANT: Matsuhisa, represented by Jeffrey (One and a) Halferty
LOCATION: 303 E. Main
ACTION: Special Review for Trash
Review Standards for Special Review:
No development subject to special review shall be permitted unless the commission
makes a determination that the proposed development complies with all standards and
requirements set forth below:
Utility/trash service area:
1. There is a demonstration that given the nature of the potential uses of
the building and its total square footage, the utility/trash service area
proposed to be provided will be adequate.
2. Access to the utility/trash service area is adequate.
3. Measures are provided for enclosing trash bins and making them
easily movable by trash personnel.
4. When appropriate, provisions for trash compaction are provided by the
proposed development and measures are taken to encourage trash
compaction by other developments on the block.
5. The area for public utility placement and maintenance is adequate and
safe for the placement of utilities.
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* "In" means the exhibit is introduced into the record.
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WITNESS LIST*
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NAME OF WITNESS:
1
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
* Includes staff persons, but excludes staff attorney and board members.
- Staff Person
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