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HomeMy WebLinkAboutcoa.lu.sr.516 W Francis St.0091.2016.ASLU0091.2016.ASLU MOW FRANCIS 1 ADU/CARRIAGE HOUSE 2735124 6003 cA� 41 PATH: G/DRIVE / ATER FILES/ADMINISTRATIVE/AD't/LAND USE CASE DOCUMENTS C� THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0091.2016.ASLU PARCEL ID NUMBERS 27351246003 PROJECT ADDRESS 615 W FRANCIS PLANNER BEN ANDERSON CASE DESCRIPTION APP FOR LAND USE FOR 616 W FRANCIS — ADU/CARRIAGE HOUSE INSUBSTANTIAL AMENDMENT REPRESENTATIVE E MICHAEL HOFFMAN P.E. DATE OF FINAL ACTION 11.2.2016 CLOSED BY NICOLE HENNING 11.14.16 s 2�?Jo (24 Z(o a Permits File Edit Record Navigate Form Reports Format Tab Help ,x P ►" 0 00C(i- 20(6-fts Ltll lump 1 I� Main Custom Fields Fouling Stabs Fee Summary Actions Pouting History o Permit type :, lu ,_ n Laiij iJ Permit # iu141 i1': A-LU a —— — N Address ,1": ,� FF-•�II�:i= Apt/Suite �.CU °o CityI1 State C0 Zip 31�11 Permit Information Piaster permit �— Roubng queue asU.it � Applied 1110,12,2016 F Project Status pending Approved Description APPLICATIOtd FOR LAND USE FOR 616 W FRANCIS -ADUi CARRIAGE HOUSE Issued J INSUBSTANTIAL AMENDMENT ClosediFnal Submitted IMIKE HOFFh1AN 544 3442 Clod Running pays =U E+pres Submitted via Owner Last name PDT EA.RTI HERS LLC First name E 209 W 78TH ST PIEW YORK NY 10024 Phone { ) Address Applicant Owner is applicant? El Contractor is applicant? Last narne JPDT PARTNERS LLC Fist name--� 209 W 78TH ST NEW YORK NY 10024 Phone ( ) Cust x 130487 Address Lender Last name First narne Phone {) Address 0�4 0 0 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit application submittal is accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.090, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. PDT Partners, LLC 200 E. Main Street, Aspen, CO 81611 Property Owner's Name, Mailing Address Lots E and F, Block 22, City and Townsite of Aspen, County of Pitkin, State of Colorado; 615 W. Francis Street, Aspen, CO 81611 Legal Description and Street Address of Subject Property The applicant has received land use approval for the removal of a deed restricted Accessory Dwelling Unit ADU). Written Description of the Site Specific Plan and/or Attachment Describing Plan Amendment of an ADU Development Order, Removal of an ADU — Notice of Approval, Reception # 633494 (11/01/2016) Land Use Approvals) Received and Dates (Attach Final Ordinances or Resolutions) November 10, 2016 Effective Date of Development Order (Same as date of publication of notice of approval.) November 10, 2019 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 211 day of November, 2016, by the City of Aspen Community Development Director. WWI animtA_') J sica Garro , ommunity Development Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site -specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertain- ing to the following described property: Parcel ID #2735-124-26-003, Legally described as Lots E And F, Block 22, City and Townsite of Aspen. County Of Pitkin, State Of Colorado; commonly known as 615 W. Francis St. An administrative ap- proval of an Amendment of an ADU Development Order, Removal of an ADU was granted to remove a deed restricted Accessory Dwelling Unit; Recep- tion #633494, 11/1/2016. The project is depicted in the land use application on file with the City of As- pen. For further information contact Ben Anderson at the City of Aspen Community Development Dept.. 130 S. Galena St., Aspen, cuwraou. 429-2765. City of Aspen Published in The Aspen Times on November 10, 2016.(12475832) AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: (0 1 � M S , Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) I, (name, please print) being or repre eating an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.30/6.010 (E) of the Aspen Land Use Code in the following manner: - Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. ig ature 11 The foregoing "Affidavit of Notice" was ackmwledd before me this tO day of TKO V , 2046, by WITNESS MY HAND AND OFFICIAL SEAL My commission ex ires: f Notary Public NICOLE ELIZABETH HENNING NOTARY PUBLIC • $IATE OF COLORADO Notary Identification #20154012950 ATTACHMENTS' My Commission Ey-,,-fus 3131/2019 0 0 NOTICE OF APPROVAL FOR AN AMENDMENT TO A DEVELOPMENT ORDER FOR AN ACCESSORY DWELLING UNIT, ALLOWING FOR THE REMOVAL OF SAID ADU AND THE VACATION OF THE ASSOCIATED DEED RESTRICTION ON THE PROPERTY LOCATED AT 615 W. FRANCIS STREET; LEGALLY DESCRIBED AS LOTS E AND F, BLOCK 22, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID No. 2735-124-26-003 APPLICANT: PDT Partners, LLC REPRESENTATIVE: E. Michael Hoffman, P.C. SUBJECT & SITE OF AMENDMENT: Removal of an Accessory Dwelling Unit (ADU) and vacation of a deed restriction from a single- family residence located at 615 W. Francis Street. The Applicant is requesting an amendment to an ADU development order, pursuant to Land Use Code Section 26.520.090[C], Removing an ADU/Carriage House. SUMMARY: The subject property was issued a development order on May 7, 2000 that required the construction of an accessory dwelling unit for the purposes of affordable housing mitigation. A deed restriction was executed on April 21, 2000 and recorded on May 30, 2000 (Reception #443778). The ADU on this property is not a "mandatory occupancy" unit. The Applicant proposes the removal of the ADU and the vacation of the deed restriction. Section 26.520.090[C] establishes the approval process for removal of ADUs that were developed prior to the adoption of Ordinance 35, Series of 2015. First, the removal requires affordable housing mitigation for .38 full-time equivalents (FTEs) at a Category 2 rate. The code allows the required mitigation to be achieved by either the extinguishment of an Affordable Housing Credit or a fee - in -lieu payment. The Applicant has stated that they have purchased an Affordable Housing Credit in meeting this requirement. Secondly, the physical changes necessary to remove the ADU must be issued a building permit and pass a final inspection by the Chief Building Official. In this case, the main change necessary is the removal of the kitchen facilities in the ADU. The applicant has acknowledged this requirement. STAFF EVALUATION: Staff finds that the request meets the requirements of an Amendment of an ADU or Carriage House Development Order; Removing an ADU/Carriage House. RECEPTION#: 633494, 11/01/2016 at 02:17:24 PM. 1 OF 2, R $16.00 Doc Code APPROVAL Janice K. Vos Caudill. Pitkin County, CC 0 DECISION: The Community Development Director finds the Amendment of an Accessory Dwelling Unit Development Order to remove an ADU unit and vacate a deed restriction as noted above meets the requirements as described in the Land Use Code, and APPROVES the request subject to the following conditions: 1) The extinguishment of an Affordable Housing Certificate of .38 FTE provided at a Category 2 rate. This requirement may also be met by fee -in -lieu -,payment. This requirement will be implemented as part of the building permit process. 2) The application for a building permit and issuance of a Certificate of Occupancy or Letter of Completion by the Chief Building Official approving the physical changes made to the ADU to include, but not limited to the removal of necessary kitchen facilities. 3) Once both of these conditions are met, a release of deed restriction, approved by the Aspen Pitkin County Housing Authority and acceptable to the City Attorney, shall be completed and filed with the Pitkin County Clerk and Recorder. APPROVED BY: T r hm � \ — LF 3e sica Garro Date Community Development Director CONSENTED TO: i E. Mi ael Hoffman, P.C. Special Manager for PDT Partners, LLC Attachments: Exhibit A — Original ADU Deed Restriction (Reception # 443778) Exhibit B — Application (not recorded) • • Page 1 of 1 Janice K. Vos Caudill Clerk and Recorder 530 East Main Street Aspen, CO 81611 (970) 429-2707 www.PitkinClerk.org *83417* Print Date: Pitkin County Transaction #: 83417 11/1/Prin 2 ate: Receipt #: 201606908 PM Cashier Date: 11/1/2016 2:17:25 PM (PNADON) Customer Information Transaction Information Payment Summary DateReceived: 11 /01 /2016 Source Code: Over the Counter (MICHOF) E MICHAEL HOFFMAN PC Q Code: Over the PO Box EE Counter Total Fees $16.00 ASPEN, CO 81612 Return Code: Over the Total Payments $16.00 Escrow Balance: $56.25 Counter Trans Type: Recording Agent Ref Num: 1 Payments F $16.00 P 0 ESCROW 1 Recorded Items 6 BK/PG: 0/0 Reception:633494 Date:11/1/2016 R. (APPROVAL) APPROVAL ANY 2:17.24PM TYPE From: To. - Recording @ $11 for 1 pg and $5 for 2 or more pgs $1 Surcharge 2 $ 6.0U 0 Search Items 0 Miscellaneous Items file:///C:/Program%20Files%20(x86)/RecordingModule/default.htm 11 / 1 /20l 6 i `I• v E Gxhibtt B'.' ACCESSORY DWELLING UNIT DEED RESTRICTION PURSUANT TO SECTION 26.520 OF THE CITY OF ASPEN MUNICIPAL CODE THIS ACCESS ,9RY DWELLI G UNIT DEED RESTRICTION is made and entered into this -- day of 2000, by Aspen GK LLC ("Owner") for itself, its successors an assigns, for the benefit of the City of Aspen, Colorado, a municipal corporation, and the Aspen/Pitkin County Housing Authority, a multi -jurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTER -GOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office (" Authority ). WHEREAS, Owner owns that parcel of real property located at 615 West Francis, in the City of Aspen, County of Pitkin, Colorado, more specifically described as Lots E and F, Block 22, City and Townsite of Aspen, upon which is situate a free-market dwelling unit, which will contain a 351 net livable square foot studio accessory dwelling unit ("Unit"), located in the lower level of the principal unit; and WHEREAS, Owner agrees to accept and impose certain conditions on its use and occupancy of the Unit as an accessory dwelling unit under the Aspen Municipal Code. NOW, THEREFORE, in consideration of the mutual promises and obligations contained where, the Owner hereby covenants and agrees as follows: The Unit as identified hereinabove shall not be condominiumized and, if rented, shall be rented only in accordance with the guidelines as adopted and as may be amended from time to time by the Authority governing 'resident -occupied" dwelling 2. Owner need not rent the Unit; however, when rented, only qualified residents, as defined in the Housing Guidelines, shall reside therein and all rental terms shall be for a period of not less than six (6) consecutive months. Owner shall maintain te An right to select the qualified resident of its own choosing when renting the Unith . executed copy of all leases for the Unit shall be submitted to the Authority within ten (10) days of the approval of a qualified resident. 3. The covenants and limitations of this deed restriction shall run with and be binding on the land for the benefit of the City of Aspen and the Authority, either of whom may enforce the provisions thereof through any proceedings at law or in equity, including eviction of non -complying tenants. 111111111111111111111111111111111111111111111111111 IN 443718 05/30/2000 09:28A DEED RES DAVIS SILVI 1 of 3 R 15.00 D 0.00 N 0.00 PITKIN COUNTY CO 0 Mailing Address STATE OF CCLC'GADCI COUNTY OF "-P I T k-t 4 J 4. It is understood and agreed by the Owner that no waiver of a breach of any term or condition as contained in this deed restriction shall be construed to be a waiver of any breach of the same or other term or condition, nor shall failure to enforce any one of the terms or conditions, either by forfeiture or otherwise, be construed as a waiver of any term or condition. IN WITNESS HEREOF, Owner has placed its duly authorized signature hereto on the date as described above. OWNER: Aspen GK LLC Lktk(las�, N3 ss. The foregoing instrument was acknowledged , 2000, by Aspen GK LLC. WITNESS MY hand and official seal. My Commission expires: 3 ' � 0, (_ Date R. AP �� t NOTARY otary ublic PMUC Of CO�p MY ColilMtS,9M EXPIRES 03-03-2fv 10603 before me this I)Lday of 111111111111111111 IIIII 1IIII III! 111111111111111111111111 YI 2 of 3 R 15.00 D 0.002NA0.00DPITKINRES ACOUNTY VIS �CO 2 Exhibit DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Aspen GK LLC., 19 Union Square W Property Owner's Name, Mailing Ad, New York City , New York 10003 s and telephone number Lots E & F, Block 22, City and Townsite of Aspen Legal Description and Street Address of Subject Property Administrative ADU Approval Written Description of the Site Specific Plan and/or Attachment Describing Plan Administrative Decision, 4/28/2000 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) May 6, 2000 Effective Date of Development Order (Same as date of publication of notice of approval.) May 7, 2003 t Order (The extension, reinstatement, exemption from expiration Expiration Date of Developmen in accordance with Section 26.308.010 of the City of Aspen and revocation may be pursued Municipal Code.) Issued this 7th day of May, 2000, by the City of Aspen Community pe�glopment Director. Woods, Director • 0 ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Housing Authority. THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY 4JacP lyn "Natabach, Chairperson Mailing Address: 530 East Main Street, Suite 001 Aspen, CO 81611 STATE OF COLORADO ) } ss. COUNTY OF PITKIN ) V� The foregoing instrument was acknowledged before me this 5 day of 2000, by Jacquelyn A. Kasabach. WITNESS MY hand and official seal. My Commission expires: _ o� -00 VormsladuAr CINDY CHRISTENSEN 9TF �F CO`O�QO Notary Public 1111111111111111111111111111111111111111111111111111111 443718 05/30/2000 09:28A DEED RES DAVIS SILVI 3 of 3 R 15.00 D 0.00 N 0.00 PITKIN COUNTY CO 3 � 1,1 y � r.. a i F ?IL r:- TAT�1 FOR i ►:aa. Agreement to Pay Application Fees 00011.20[b. ik" An agreement between the City of Aspen ("City") and Property Pro P y PDT Partners, LLC, a Colorado Phone No.: Email: c/o 970 544-3442 � (� � � ? Owner ("I" ): limited liability company mhoffman@emlllaw.net Address of Billing c/o E. Michael Hoffman, P.C. Property: 615 West Francis Street Aspen, Colorado 816 Address: (send bills here) 200 East Main Street Aspen, Colorado 81611 (Subject of application) I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. flat fee for $. flat fee for $. flat fee for $, flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 975.00 `/ deposit for 3 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. Property Owner: PDT Partners, LLC, a Colorado limited City of Aspen: liability company Jessica Garrow, AICP Community Development Director City Use: Z00 Fees Due: $_Received $ — Name: �� f------` B: Title: Michael Hoffman Special Manager March, 2016 City of Apen 1130 S. Galena St. 1 (970) 920 5050 0 C T 12 2016 Tvc ('rry nr Acvvwr Land Use Application Determination of Completeness Date: October 11, 2016 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 616 W. Francis — ADU — Insubstantial Amendment and have reviewed it for completeness. Please our Land Use Application is complete: submit the following to begin the land use review process. 1) Review deposit of $9;5.00. � Q 75 -00 Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Tha ou fifer heal Deputy Planning Director City of Aspen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes_ _ No-' GMQS Allotments Yes No � Qualifying Applications: New PD Subdivision, or PD (creating more than I additional lot) Residential Affordable Housing Commercial E.P.F. Lodging ATTACHMENT 2 - LAND USE APPLICATION PROJECT: Name: PDT Partners, LLC, a Colorado limited liability company Location: 615 West Francis Street, Aspen, Colorado 81611 Parcel ID # (REQUIRED) 273512426003 APPLICANT: Name: PDT Partners, LLC Address: c/o E. Michael Hoffman, P.C., P.O. Box EE, Aspen, CO 81611 L Phone #: (970) 544-3442 REPRESENTIVATIVE: Name: Michael Hoffman Address: 200 East Main, Aspen, Colorado 81611 Phone#: (970) 544-3442 GMQS Exemption (� GMQS Allotment Special Review 0 ESA-8040 Greenline, Stream Margin, Hallam Lake Bluff, 0 Mountain View Plane 0 Commercial Design Review 0 Residential Design Variance I= Conditional Use EXISTING CONDITIONS: (description of existing bull Single Familv Residence with ADU ADU Dee PROPOSAL: (Description of proposed buildings, use Extinguish the deed restriction as nermitteli h Conceptual PUD Temporary Use 0 Final PUD (& PUD Amendment) Subdivision 0 Conceptual SPA Subdivision Exemption (includes Condom iniumization) Lot Split Lot Line Adjustment revious approvals, etc. 0 Final SPA (&SPA Amendment) ® Small Lodge Conversion/ Expansion Other: Extinguish ADU Deed modifications, etc.) Aspen Land Use Code Section 26.520.090.C. Have you attached the following? FEES DUE: $ ® Pre -Application Conference Summary ® Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form ® Response to Attachment #4, Submittal Requirements — including Written Responses to Review Standards 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. March; 2016 City of Apen 1130 S. Galena St. 1 (970) 920 5050I I 10/7/2016 615W Francis St- Go4e Maps Go gle Maps 615 W Francis St ASPOI CWtOr FOf PhYsic," A f,,u3vtut)d$ ClIVICh AIPIM m Hosm Aqw Ski RimitW ti re z III. C-1 rl ATM Ru,;King 44u-jwjr. Go gle.� Map data 02016 Google 200 ft 615 W Francis St Aspen, CO 81611 https:/twww.google.com/m aps/place/615+ W+ F ranci s+ St,+ Aspen,+ C 0+ 81611 /@39.1948999,-l()6.8307156,17z/data--!3m 1!4b1!4m 513m4ll sOx87403979c8cb3h-- 1/1 1] 0 stewart title Stewart Title - Aspen 620 East Hopkins Avenue Aspen, CO 81611 WRITTEN OWNERSHIP AND ENCUMBRANCE REPORT Order No. 01330-88957 Date: October 07, 2016 Customer Reference: LEGAL DESCRIPTION: 615 West Francis Street Aspen, CO 81611 Lots E and F, Block 22, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO APPARENT OWNER OF RECORD: PDT PARTNERS LLC, A COLORADO LIMITED LIABILITY COMPANY Vesting Deed Reception No 593582 Deeds of Trust, Mortgages and Liens which purport to affect the above described property, as disclosed by the records of the Clerk and Recorder of Pitkin County, Colorado, through the effective date of September 23, 2016: 1. none The liability of Stewart Title, its affiliates and associates, for any errors or omissions affecting or relating to the information appearing in this report is strictly limited to the amount paid for this report. The aforementioned liability is limited to the customer who ordered this report. There are no expressed or implied warranties assuring or representing that this report is reliable for title information, and therefore, should be verified by a Commitment for Title Insurance. No representation is made as to the completeness, validity, or legal sufficiency of the documents referenced herein, nor have any of such documents been examined to determine whether or not there are any exceptions, reservations, encumbrances or other matters which might be detrimental to Title. No search has been made for any reservations, restrictions, covenants, easements, rights of way, mineral interests, water rights, and any other encumbrances which are not a deed of trust, mortgage or lien. .1i onacd 0iintmipaturu Linda Williams Authorized Representative of Stewart Title Order No.: 01330-88957 Page 1 of 1 Written OE Report STCO • LAW OFFICES OF E. MICHAEL HOFFMAN, P.c. 200 EAST MAIN STREET P.O. Box EE ASPEN, COLORADO 81612 TELEPHONE: (970) 544-3442 FACSIMILE: (866) 929-7870 E-MAIL: mhoffman@MWAW net October 7, 2016 Ms. Hillary Seminick, Planner City of Aspen Community Development Department 130 Galena Street Aspen, Colorado 81611 Re: Application of PDT Partners, LLC for Extinguishment of ADU Deed Restriction from 615 West Francis Street, Aspen, Colorado 81611 Dear Ms. Seminick, We represent PDT Partners, LLC (the "Applicant"), the owner of 615 West Francis, Lots E and F, Block 22, City and Townsite of Aspen (the "Pro a "). On May 7, 2000, the City of Aspen Community Development Director issued a Development Order for the Property pursuant to which an accessory dwelling unit was permitted to be constructed on the Property. A copy of the Development tnhe Order is reviewed by the Community Development Department U was subsequently constructed according plans in connection with the application. An Accessory Dwelling Unit Deed Restriction was executed in connection with the Property on April 21, 2000, and recorded on May 30, 2000, at Reception No. 443778. A copy of the Deed Restriction is included with this application as Exhibit B. As we have discussed, the Applicant wishes to remove the ADU in accordance with provisions of the City of Aspen Land Use Code, Section 26.520.090.C. In order to do so, we understand that the Applicant will be obligated to provide mitigation for 0.38 Category 2 FTEs in the form 1 cl t has Affordable Housing Certificate1ieu. In response to that requirement, Certificate for 0 38 Category 2 FTEs and ewepwill deliver already purchased an Affordable Housing the Certificate to the City upon approval of this Application. We further understand that the kitchen in the ADU must be removed and that an inspection by the City must be performed to confirm the conversion of the ADU into residential living space prior to the release of the Deed Restriction. Please proceed with the Application for the removal of the ADU deed restriction in accordance with the Ms. Hillary Seminick October 7, 2016 Page 2 Pre -Application Conference Summary previously issued in this matter. Please feel free to incorporate this correspondence and its attachments into the Application, so as to confirm the Applicant's acknowledgement and acceptance of the conditions required for the removal of the ADU. If you need any further information or assistance from me, please do not hesitate to let me know. Thank you for your assistance in prosecuting this Application. Sincerely, Michael Hoffman Homeowner Association Compliance Policy All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. The following certification shall accompany the application for a permit. Subject Property: 615 West Francis Street, Aspen, Colorado 81611 I, the property owner, certify as follows: (pick one) 0 This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit have been approved by the homeowners association or covenant beneficiary. I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. PDT Partners, LLC, a Colorado limited liability company Owner signature: Owner printed name: By: or, Attorney signature: Attorney printed name: -._.._ Signed: October 7, 2016 Michael Hoffman Special Manager date: U LAW OFFICES OF E. MICHAEL HOFFMAN, P.c. 200 EAST MAIN STREET P.O. Box EE ASPEN, COLORADO 81612 O C 1 0 7 2016 Ms. Hillary Seminick, Planner City of Aspen Community Development Department 130 Galena Street Aspen, Colorado 81611 TELEPHONE: (970) 544-3442 FACSIMILE: (866) 929-7870 E-MAIL: mhoffman &emhlaw.net October 7, 2016 Re: Application of PDT Partners, LLC for Extinguishment of ADU Deed Restriction from 615 West Francis Street, Aspen, Colorado 81611 Dear Hillary, This package represents the request of PDT Partners, LLC (the "Applicant") to remove the ADU deed restriction at its property located at 615 West Francis in Aspen, formally known as Lots E and F, Block 22, City and Townsite of Aspen (the "Property'). The application package includes the following documents: 1. Check payable to "City of Aspen" in the amount of $975, which represents the deposit required in the Pre -Application Conference Summary. 2. Pre -Application Conference Summary dated March 21, 2016. 3. Application letter which responds to the provisions of the Aspen Land Use Code which are applicable to this request. 4. Agreement to Pay Fees. Attachment 2 — Land Use Application. 6. Home Owners Compliance Form 7. Vicinity Map Ownership and Encumbrance Report. Please note that I have signed all but the application letter as the Special Manager of the Applicant. I am happy to show you the LLC Resolution which provided me the authority to sign in that capacity for the Applicant, but because the members of the Applicant wish to keep their identities out of the public Ms. Hillary Seminick October 7, 2016 Page 2 record, I do not plan to leave that document with you. Thanks very much for your help and let me know if you need any additional information. Sincerely, Michael Hoffman • 0 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Hillary Seminick, 429.2741 DATE: March 21, 2016 PROJECT: 615 W Francis St. REPRESENTATIVE: Mike Hoffman TYPE OF APPLICATION: Amendment of an ADU or Carriage House Development Order DESCRIPTION: The Applicant is interested in amending a Development Order for an ADU at the subject property. The deed restriction for the unit was recorded at Reception No. 490882. To remove the deed restriction from the unit pursuant to 26.520.090.C, the Applicant shall provide mitigation for 0.38 Category 2 FTEs in the form of Affordable Housing Certificates or fee -in -lieu. Additionally, the Applicant shall obtain a building permit to decommission the ADU by removing the kitchen. A final inspection shall be issued prior to the release of the deed restriction. The release shall be accepted by the City Attorney and filed with the Pitkin County Clerk and Recorder. Below is a link to the Land Use application Form for your convenience. http://www aspenpitkin com/Departments/Community-Development/Planning and -Zoning/ Follow link below to view the City of Aspen Land Use Code http://www aspenpitkin com/Departments/Community-Development/Planning-and-Zoning[Title-26- Land-Use-Code/ Land Use Code Section s 26.304 Common development review procedures 26.520.090.0 Removing an ADU/Carriage House Review by: Community Development Director Public Hearing: NA Planning Fees: $975 planning deposit, three hours. Additional hours billed at $325 per hour. Total Deposit: $975 To apply, submit the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ASLU ADU/Carriage House 615 W Francis St 9 ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, 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. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form ❑ Written responses to all review criteria in Sec. 26.520.090.0 ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. 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.