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HomeMy WebLinkAboutLand Use Case.CU.1385 Riverside Dr.A091-992737-181-17024 A091-99 1395 Riverside Dr. r-,,,iitinnal Use ADU C U 2737-181-17024 A091-99 1395 Riverside Dr. Conditional Use ADU A MrV C COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Streal Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection Other Fees: 1006 Copy 1302 GIS Maps 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1164 School District Land Ded. TOTAL % f NAME: !� �1 1 y� n Ix, L" I f. ADDRESS/PROJECT: PHONE: CHECK# CASE/PERMIT#: �# OF COPIES: DATE: INITIAL: CASE NUMBER A091-99 PARCEL ID # 2737-181-17024 CASE NAME 1395 Riverside Dr. Conditional Use for ADU PROJECT ADDRESS 1395 Riverside Drive PLANNER Nick Lelack CASE TYPE Conditional Use for ADU OWNER/APPLICANT Bass / Cahn Properties, L.L.C. REPRESENTATIVE Stuart Lusk DATE OF FINAL ACTION 2/10/00 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION Approved 2/10/00 BOA ACTION DATE CLOSED 2/15/00 BY J. Lindt PARCEL Id: 2737-181-17024 DATE RC,YD:, 10/8/99 d a C 10 CASE CASE NAME: 1395 Riverside Dr. Conditional Use for ADU PLNR:F PROJ ADDR: 1395 Riverside Drive CASE TYP: Conditional Use for ADU OWN/APP: Bass / Cahn Properti ADR 855 Gibson Ave. CIS/Z: Aspen/CO/81611 REP: Stuart Lusk ADR: P.O. Box 2004 C/S/Z: Aspen/CO/81612 FEES DUE: 255FF 160E FEES RCVD: 415 REF: B MTG DATE REV BODY-, PH NOTIMW -- -- — i 1 DATE OF FINAL AC" CITY COUNCIL: 3EMARKS PZ: ow �BOA. :LOSED: "' . DRAC: PLAT SUBMITD: PLAT (BK,PG): ADMIN: 4 NOW a -99 • • 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 shall expire on the day after the third anniversary of the effective date of the Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption from expiration, extension or reinstatement is granted or a revocation is issued by the City Council pursuant to Section 26.308.010. This Development Order is associated with the property noted below for the site specific development plan as described below. Bass/Cahn Properties, P.O. Box 5078, Aspen, CO 81612 Property Owner's Name, Mailing Address and telephone number 1385 & 1395 Riverside Drive, Aspen, CO 81611 Legal Description and Street Address of Subject Property Accessory Dwelling Unit Approval Written Description of the Site Specific Plan and/or Attachment Describing Plan Administrative Decision, Approved by Community Development Director, 2/10/2000 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) February 25, 2000 Effective Date of Development Order (Same as date of publication of notice of approval.) February 26, 2003 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 25th day of February, 2000, by the City of Aspen Community DAvelopment Director. e Ann Woods, Community Development Director G.PIanning.Aspen. forms. DevOrder 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, pertaining to the following described property: 1385 & 1395 Riverside Drive of the City and Townsite of Aspen, by administrative decision of the Community Development Director. For further information contact Julie Ann Woods, at the Aspen/Pitkin Community Development Dept., 130 S. Galena St, Aspen, Colorado (970) 920-5090. City of Aspen Account Publish in The Aspen Times on February 25, 2000 Notice of Decision Accessory Dwelling Unit Bass/Cahn Properties, owner of a property located at 1395 Riverside Drive, Parcel Identification Number 2737-18117024, has applied for administrative approval of an Accessory Dwelling Unit (ADU). The Community Development Director shall approve, approve with conditions, or deny a land use application for an Accessory Dwelling Unit pursuant to Sections 26.520 and 26.304 of the Aspen Municipal Code if an application is found to be consistent with the following review criteria: 1. The proposed Accessory Dwelling Unit meets the requirements of Section 26.520.050, Design Standards.* 2. The applicable deed restriction for the Accessory Dwelling Unit has been accepted by the Aspen/Pitkin County Housing Authority and the deed restriction is recorded prior to an application for a building permit. COMMUNITY DEVELOPMENT DIRECTOR DECISION The Community Development Director finds that the Accessory Dwelling Unit to be consistent with the review criteria, and hereby approves the ADU on this 1 oth day of February, 2000 with the condition that the applicable deed restriction for the ADU be accepted by the Aspen/Pitkin County Housing Authority and is recorded prior to an application for a building permit. ie Ann Woods, Community Development Director EXHIBITS Exhibit A: Accessory Dwelling Unit Design Standards Checklist. Exhibit B: Copies of photographs showing traction devices installed on stairs to the unit to prevent snow and ice from accumulating. Exhibit C: Floor plans and designated parking space. *An interior door connecting the accessory dwelling unit to duplex unit B was removed, and sufficient means of preventing snow and ice from accumulating on the stairs has been provided. Case No. A091-99 ParcelED No. 2737-18117024 Reviewed By Nick LelackA& Zone District: R-15 Date: February 10, 2000 EXHIBIT A Accessory Dwelling Unit Design Standards Checklist 26.520.050 Design Standards All ADUs shall conform to the following design standards unless otherwise approved, pursuant to Section 26.520.080, Special Review: uZ An ADU must contain between 300 and 800 net livable square feet, 10% of which must be a closet or storage area. An ADU must be able to function as a separate dwelling unit. This includes the following: a) An ADU must be separately accessible from the exterior. An interior entrance to the primary residence may be approved by the Commission, pursuant to Special Review; b) An ADU must have separately accessible utilities. This does not preclude shared services; c) An ADU shall contain a kitchen containing, at a minimum, an oven, a stove with two burners, a sink, and a refrigerator with a minimum of 6 cubic feet of capacity and a freezer; and, d) An ADU shall contain a bathroom containing, at a minimum, a sink, a toilet, and a shower. One parking space for the ADU shall be provided on -site and shall remain available for the benefit of the ADU resident. The parking space shall not be stacked with a space for the primary residence. An ADU shall be located within the dimensional requirements of the zone district in which the property is located. 49 The roof design shall prevent snow and ice from shedding upon an entrance to an ADU. If the entrance is accessed via stairs, sufficient means of preventing snow and ice from accumulating on the stairs shall be provided. ADUs shall be developed in accordance with the requirements of this title which apply to residential development in general. These include, but are not limited to, the Uniform Building Code requirements related to adequate natural light, ventilation, fire egress, fire suppression, and sound attenuation between living units. This standard may not be varied. All ADUs shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26.520.070 Deed Restrictions. This standard may not be varied. Net livable square feet: 634 Deed restricted to mandatory occupancy: No MC I t'• 1 i l i;{ ��Lttt � Z 11 )r/ WaT Y %w w k4� I II ,14 1 �I I ii ly�l►'i Iwg.+ I . . • • Whipple Development Corporation _- BUILDERS I D VFLOPF,R.S Mr. Nick Lelack City Planner 130 S. Galena Aspen, CO 81611 November 11, 1999 Dear Mr. Lelack, This letter is a request for Administrative approval for an ADU located at 1395 Riverside Drive in Aspen. Thank you for your attention to this matter. Sincerely, Ralph Ralph U. Whipple Whipple Development Corp. 855 GIBSON AVENUE • ASPEN, COLORADO 81611 • 970-925-5054 MEMORANDUM TO: Plans were routed to those departments checked -off below: O ........... City Engineer O ........... Zoning Officer O ........... Housing Director O ........... Parks Department O ........... Aspen Fire Marshal O ........... City Water O ........... Aspen Consolidated Sanitation District O ........... Building Department O ........... Environmental Health O ........... Electric Department O ........... Holy Cross Electric O ........... City Attorney O ........... Streets Department O ........... Historic Preservation Officer O ........... Pitkin County Planning FROM: Nick Lelack, Planner Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone-920.5095 Fax-920.5439 RE: 1395 Riverside Dr. — Conditional Use ADU DATE: October 12, 1999 REFERRALSCHEDULE DRC MEETING DATE:(1:30-3:00 Sister Cities Mtg. Room) Oct. 20, 1999 OTHER REFERRALS DUE TO PLANNER: Oct: 29,1999 ENGINEERING REFERRAL DUE TO PLANNER: Oct. 29,1999 Thank you, Nick • TO: Tom of-- FR: Nick, Planner (920-5095) Date: November 29, 1999 RE: 1395 Riverside Drive ADU 0 Post -it'" Fax Note 7671 Date From To 1-77� LP-ti Co. Co./Dept. Phone # Gi The application you called about is for an accessory dwelling unit (ADU) below the garage of duplex B. The proposal is to convert an approved bedroom/wet bar in the building plans to an ADU. There will not be any additional development beyond what you currently see on the property. Each new residential development is required to mitigate for increased square footage with affordable housing. The owner has a choice to provide affordable housing on -site, off -site, or pash cash -in -lieu for the additional square feet. In this case, the owner has chosen to provide an ADU on -site. However, the owner chose this mitigation option after submitting building plans. The building plans included a bedroom/wet bar below the garage of duplex B. To mitigate for affordable housing, the owner has chosen to submit a change order to the building permit for the duplex to build an ADU instead of a bedroom/wet bar. The only physical change to the site will be adding cooking facilities to the bedroom/wet bar, which legally makes it a dwelling unit. ADU's are permitted in the R-15 Zone District. However, if the owner has requested an interior door connecting the ADU to the primary dwelling unit, in this case the duplex, the Planning and Zoning Commission may approve, approve with conditions, or deny the ADU at a public hearing. If the application is denied, the cooking facilities would be removed, and the space below the garage would be converted back to a bedroom with a wet bar. The owner would then be required to pay the cash -in -lieu payment required for mitigation. All properties within 300 feet of the subject property must be notified about the public hearing; hence, you received a notice. You are welcome to examine the plans and full application in the City's Community Development Department, located on the third floor of City Hall. If you would like to stop in and discuss the application, please leave me a message so that I can arrange my schedule to accommodate your visit. I have attached my staff report, the site improvement survey, and site plans for your review. Thanks for the call. I look forward to meeting you. MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Directop-" FROM: Nick Lelack, Planner RE: Bass/Cahn Properties, LLC, 1395 Riverside Drive, Conditional Use ADU - Public Hearing DATE: November 30, 1999 APPLICANT: Bass/Cahn Properties, LLC REPRESENTATIVE: Stuart Lusk LOCATION: 1395 Riverside Drive ZONING: R-15 CURRENT LAND USE: Nearly completed new duplex PROPOSED LAND USE: Duplex with an attached 634 net livable sq. ft. ADU. LOT SIZE: 17,600 sq. ft. FAR: Allowable: 5,074 sq. ft. Proposed: 5,000 sq. ft. Proposed Accessory Dwelling Unit entrance. Additional photographs of the duplex and garage above this unit are included in Exhibit E. • • SUMMARY: This request is for Conditional Use approval for an attached Accessory Dwelling Unit (ADU). An ADU will provide for an exemption from GMQS. This ADU was completed prior to receiving approval, therefore, if it is approved with conditions, the conditions will be applied to a change order to the building permit (currently being requested concurrent with the Conditional Use application) instead of to the building permit. If not approved, the applicant would be required to disassemble components of the ADU which qualify it such. STAFF COMMENTS: The proposed ADU includes approximately 634 square feet of net livable space. The plans are for a studio/efficiency style of unit, including a kitchen, large walk-in closet, one bath, and a generous living/bedroom area. The unit is located under the garage of Duplex B (see Exhibit E for photographs of the duplex and garage). The applicant obtained building permits to construct the duplex late last year; the approved building plans included a bedroom/wet bar under Duplex B's garage. However, during construction of the project the applicant decided to build an ADU instead of the bedroom/wet bar. During a site visit on October 12, 1999, staff found that the bedroom contained a full kitchen instead of a wet bar, effectively completing the ADU without Conditional Use approval or the proper building permits. Subsequently, the representative submitted a change order to the building permit to construct the kitchen. If the unit is approved with conditions, the conditions will be applied to the change order to the building permit. Staff also notified the representative that a Certificate of Occupancy will not be issued for the duplex or ADU until Conditional Use approval is granted for the ADU or cash -in -lieu is paid for affordable housing mitigation. In addition, the City Engineer is concerned about the new fence and berm on the property. Specifically, the Engineer said that it appears a new fence and berm have been installed in the public right-of-way, and that the fence needs to be relocated to private property. He also said that portions of the berm that are within the public right-of-way need to be removed, and that the plantings in the public right of way need to be documented with an approved right-of-way permit. Staff is recommending approval of the ADU with conditions. REVIEW PROCEDURE: Conditional Use for ADU. The Commission shall approve, approve with conditions, or deny the application at a public hearing. RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the Bass/Cahn Properties LLC Accessory Dwelling Unit located at 1395 Riverside Drive with the following conditions: 1. Obtain a fence permit, relocate the approved fence to private property, and confirm the location of the fence with the City Engineer. 2. Remove the portions of the berm that are within the public right-of-way. 3. Document the plantings in the public right-of-way with an approved right-of-way permit. 4. The change order to the building permit application shall include: a) a copy of the Aspen Planning and Zoning Commission resolution. b) a current Site Improvement Survey indicating the nature of all easements of record indicated on the property title commitment, and with topography in the public right-of-way that shows the topography in the right-of-way has been restored to the topography on the improvement survey dated October 1998. The survey also needs to explain a line at the northerly portion of the property labeled N 50°00'00" E, 111.32'+/-. The development plans need to indicate a five foot wide pedestrian usable space with a five foot buffer for snow storage, where feasible, on both frontages. c) a completed and recorded sidewalk, curb, and gutter construction agreement and an agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. d) a completed and recorded ADU deed restriction on the property, a form for which may be obtained from the Housing Office. The deed restriction shall be noted on the building permit plans. e) a drainage report and a drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer that maintains sediment and debris on -site during and after construction. This is particularly important because the existing City storm drainage infrastructure system does not have additional capacity to convey increased storm runoff. 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. 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 the drainage plan. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the retention volume meet the design storm. f) a tree removal or relocation permit from the City Parks Department for any trees to be removed or relocated. g) a completed tap permit with the Aspen Consolidated Sanitation District. The applicant shall connect the ADU to the sanitary sewer in a manner acceptable to the ACSD superintendent. 5. The change order to the building permit plans shall reflect/indicate: a) Conformance with all aspects of the City's Residential Design Standards. b) The proposed ADU is labeled as such and meets the definition of an Accessory Dwelling Unit. c) The ADU will contain a kitchen (having a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer) and a bathroom (having a minimum of a shower, sink, and a toilet). d) The ADU has the minimum one (1) off-street parking space provided; the building permit plans shall indicate the designated ADU parking space. The ADU space must have clear access and cannot be stacked with a space for the primary residence. e) The ADU meets all applicable UBC requirements for light and air. f) An overhang shall cover the ADU entrance designed to prevent snow and ice from falling on, or building -up on, the entrance to the ADU. g) Conformance with the City's requirements for driveways. Driveways must be separated by 25 feet or more (including neighboring driveways), and must be paved from the edge of the street to the property line. Paving alternatives may be approved by the City Engineer. h) If the area of the structure exceeds 5,000 square feet, sprinklers must be installed. i) A five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow storage at the edge of the street paving. 6. The applicant should provide separate utility taps and meters for each residential unit. 7. 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. 8. 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. 9. 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. The applicant shall inform the contractor of this condition. 0 10. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. Monday - Saturday. 11. Before applying for 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. 12. The applicant needs to meet with the Aspen Consolidated Sanitation District (ACSD) to determine if additional fees are due and provide the City with a clearance letter from the District prior to receiving approvals. 13. 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. l . , SS-1T21Jv�.o�•3 .c• �' P rt S o --r RECOMMENDED MOTION: "I move to approve the Bass/Cahn Properties LLC Accessory Dwelling Unit,4t"'0- '� V 1395 Riverside Drive with the conditions outlined in the Community Development Department memo dated November 30, 1999." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Referral Agency Comments Exhibit C -- Vicinity Map Exhibit D -- Development Application Exhibit E -- Site Photographs C7 C] REVIEW CRITERIA & STAFF FINDINGS Exhibit A Bass/Cahn Properties LLC, ADU Section 26.425.040, 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: A deed restricted Accessory Dwelling Unit is consistent with the purposes, goals, objectives, and standards of the Aspen Area Community Plan (AACP). Supplying and increasing the affordable housing stock is clearly a goal of both the AACP and Land Use Code. Accessory Dwelling Units are a conditional use in the R-15 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 Riverside subdivision consists of a mixture of duplex units and single family homes. There are also existing ADUs in the vicinity. The proposed development appears to be in the same character as the immediate area. (C) The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Staff Finding: The ADU's location, size, and design will be visually compatible with the primary residence on the property and in the immediate vicinity. The ADU is not visible to pedestrian or vehicular traffic; however, the designated uncovered parking space offset from the driveway is in full view from Riverside Drive. The unit's operating characteristics will be similar to those of the primary residences and should not produce adverse impacts on surrounding properties. No noise, vibrations, or odor related impacts are anticipated. The proposed ADU is a basement unit connected to duplex B via an interior door, and located beneath the garage. It contains approximately 634 square feet of net livable space in a studio/efficiency layout. There will be a large combined bedroom/living area, full kitchen, plus a substantial walk-in closet, and bathroom. (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: Infrastructure capacity is sufficient for this development and utilities are available. The applicant will need to complete a tap permit for sanitation service and is subject to connection fees. The ACSD may require the provision of separate taps for each unit. Park fees will be due prior to the issuance of a Certificate of Occupancy if they have not already been paid. (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 is not seeking any waivers or special considerations through this process. The development appears to be in conformance with all other applicable standards of the Land Use Code. Although it complies with all standards imposed on it by the AACP and Land Use Code, the Aspen/Pitkin County Housing Authority would like to see an additional window well installed because the only natural light entering the unit is from the unit's entrance. Section 26.520.020, Accessory Dwelling Units A. General Provisions 1) Accessory Dwelling units shall contain not less than three -hundred (300) square feet and no more than seven -hundred (700) square feet of net livable area. The unit shall be deed restricted, meeting the Housing Authority's guidelines for resident occupied units and shall be limited to rental periods of not less than six (6) months in duration. Owners of the principle residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. One (1) parking space shall be provided on -site for each studio unit, and for each bedroom within a one or two -bedroom accessory dwelling unit. Staff Finding: The proposed ADU is approximately 634 square feet of net livable area; duplex units are required to each have one ADU with a minimum of 300 square feet of net livable area or one unit of at least 600 square feet of net livable area. A parking space is also designated just off the driveway for this unit. Therefore, this condition is satisfied. The applicant will be required to file a deed restriction on the unit prior to receiving the change order to the building permit approval. 2) An attached accessory dwelling unit shall be subject to all other dimensional requirements of the underlying zone district. Staff Finding: The development appears to be in conformance with the provisions of the R-15 Zone District. A zoning check is required through the change order to the building permit review process. 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 attached. 4) An attached accessory dwelling unit shall utilize alley access to the extent practical. Staff Finding: There is no alley that serves this property. A. Development Review Standards. 1) The proposed development is compatible and subordinate in character with the primary residence located on the property and with the development located within the neighborhood, and assuming year -around occupancy, shall not create a density pattern inconsistent with the established neighborhood. Staff Finding: The ADU is subordinate in character to the primary residence and, is in fact, located beneath the garage of duplex B. Thus, the unit is not visible. The ADU, considering year-round occupancy, is not expected to create a density pattern inconsistent with the neighborhood. 2) Where the proposed development varies from the dimensional requirements of the underlying zone district, the Planning and Zoning Commission shall find that such variation is more compatible in character with the primary residence than the development in accord with dimensional requirements. The following dimensional requirements may be varied: a. Minimum front and rear yard setbacks b. Minimum distance between buildings on the lot. c. Maximum allowed floor area may be exceeded up to the bonus allowed for accessory dwelling units. d. The side yard setback shall be a minimum of three feet. e. The maximum height limits for detached accessory dwelling units in the R-6 zone district may be varied at the rear one-third (1/3) of the parcel, however, the maximum height of the structure shall not exceed eighteen (18) feet. On Landmark Designated parcels and within the Historic Overlay District the HPC shall have the ability to make height variations. f. Maximum allowable site coverage may be varied up to a maximum of five (5) percent, on Landmark Designated Parcels and within an Historic Overlay District the HPC shall have the ability to make such site coverage variations. g. In the case where the proposed detached accessory dwelling unit is located on a Landmark Designated Parcel or within an Historic Overlay District only HPC may make dimensional variations pursuant to the standards of Section 26.40.070(B) Staff Finding: The applicant is not requesting any variations to the dimensional requirements. 3) The Planning and Zoning Commission and the Historic Preservation Committee may exempt existing nonconforming structures, being converted to a detached accessory dwelling unit, from 26.40.070(B)(2)(a- g) provided that the nonconformity is not increased. Staff Finding: Not applicable. There are no non -conformities. 4) Conditional use review shall be granted pursuant to Section 26.425.040, 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. This is not a bandit unit. 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. Multi -Family housing replacement applies to structures of three or more units. E. FAR for Accessory Dwelling Units. For the purpose of calculating floor area ratio and allowable floor area for a lot whose principal use is residential, the following shall apply: The allowable floor area of an attached accessory dwelling unit shall be excluded up 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 shall only apply to accessory dwelling units which are subject to conditional use review and approval pursuant to section 26.425 of this code. In addition, the units shall be deed restricted, registered with the Aspen/Pitkin County Housing Authority, and rented to an eligible working resident of Pitkin County. The owner shall retain the right to select the renter for the unit. The floor area of a detached accessory dwelling unit separated from the principal structure by a distance of not less than ten (10) feet with a minimum footprint of six hundred twenty five (625) square feet, shall be calculated at fifty (50) percent of the allowable floor area up to seven hundred (700) square feet of floor area. Staff Finding: The ADU does not qualify for a Floor Area exemption because it is not being deed restricted to mandatory occupancy, and the applicant is not requesting a Floor Area bonus. • MEMORANDUM To: Nick Lelack, Planner Thru: Nick Adeh, City Engineer From: Chuck Roth, Project Engineer e`re-- Date: October 28, 1999 Re: 1395 Riverside Drive - Conditional Use for an Accessory Dwelling Unit The Development Review Committee has reviewed the above referenced application at their October 20, 1999 meeting, and we have the following comments: General - (1) These comments are based on the fact that we believe that the submitted site plan is accurate, that it shows all site features without misrepresentation, and that it is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to halt complaints related to approvals tied to "issuance of building permit." (2) If there are any encroachments into the public right-of-way, the encroachment must either be removed or be subject to current encroachment license requirements if continuation of such encroachment would be acceptable to the City. 1. Improvement Survey — The improvement survey that was submitted does not reflect site conditions at the time of the application for an ADU. The applicant needs to provide an updated improvement survey. The new survey also needs to explain a line at the northerly portion of the property labeled N 50°00'00" E, 111.32' +/-. 2. Encroachments on Public Property — It appears that a new fence and berm have been installed in the public right-of-way. Was a fence permit obtained? The fence needs to be relocated to private property and confirmed by the Engineering Department observing property monuments. The portions of the berm that are within the public right-of-way need to be removed. A final improvement survey with topography needs to be provided that shows the topography in the public right-of-way restored to the topography on the improvement survey dated October 1998. There are also plantings in the public right-of-way which need to be documented with an approved right-of- way permit. 3. Site Drainage - The existing City storm drainage infrastructure system does not have additional capacity to convey increased 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, prior to the building permit application, a drainage mitigation plan (24"06" size plan sheet or on the lot grading plan) and a report signed and stamped by an engineer registered in the State of Colorado, must be submitted for review and approval by the Engineering Department. The mitigation plan must also address the 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. The drainage plan must contain a statement specifying the routine maintenance required by property owner(s) to ensure continued and proper performance. Drywells may not be placed within utility easements. The foundation drainage system should be separate from storm drainage, must be detained and routed on site, and must be shown on drainage plans prior to building permit drawings. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the detention volume meet the design storm. Drainage from the driveway is of special concern. 4. Sidewalk, Curb and Gutter - The development plans need to indicate a five foot wide pedestrian usable space with a five foot buffer for snow storage, where feasible, on both frontages. The applicant needs to sign a sidewalk, curb and gutter construction agreement, and pay recording fees, prior to issuance of a building permit. 5. Fire Marshal - If the area of the structure exceeds 5,000 square feet, sprinklers must be installed. 6. Aspen Consolidated Sanitation District (ACSD) — The applicant needs to meet with ACSD to determine if additional fees are due and provide the City with a clearance letter from the District prior to receiving approvals. 7. Work in the Public Right-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, including landscaping, within public rights -of -way from the city community development department. DRC Attendees Staff. Nick Lelac, Karma Borgquist, Ed Van Walraven, Stephanie Levesque, Tom Bracewell, Joyce Ohlson, John Krueger, Chuck Roth 99M 157 • • Housing Office City of Aspen/Pitkin County _../ 530 East Main Street, Lower Level Aspen, Colorado 81611 (970) 92 0-50 50 Fax: (970) 920-5580 MEMORANDUM TO: Nick Lelack, Community Development Dept. FROM: Stefanie A. Levesque, Housing Office DATE: November 2.1999 RE: BassiCahn Conditional Use for an ADU —1395 Riverside Drive Parcel ID No. REQUEST: The applicant is requesting approval for an accessory dwelling unit to be located below grade. BACKGR.OUND: According to Section 26.520, Accessory Dwelling 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. ISSUES: When the Housing Office reviews plans for an accessory dwelling unit, there are particular areas that are given special attention. They are as follows: The unit must be a totally private unit, which means the unit must have a private entrance and there shall be no other rooms in this unit that need to be utilized by the individuals in the principal residence; i.e., a mechanical room for the principal residence. 2. The kitchen includes a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer. 3. The unit is required to have a certain percentage of natural light into the unit; i.e., windows, sliding glass door, window wells, etc., especially If the unit is located below grade. The Uniform Building Code requires. that 10% of the floor area of a unit needs to have natural light. Natural light is defined as light which is clear and open to the sky. a. A dead restriction MUST be recorded PRIOR to building permit approval. The deed restricdon shall be obtained from the Housing Office. 5, The total floor area of the principal and accessory dwelling unit shall not exceed the allowable FAR of the applicable zone district, According to the section of the code 28.575.020 A,6 the ADU shall be deed restricted, registered with the APCHA, and rented to an eligible working resident of Pitkin County. The owner shall retain the right to select the renter for the unit. RECOMMENDAT N: After reviewing ttie application, the Housing Office recommends approval on the condition that issues 1-5 above are met prior to building permit approval. Prior to C.O. the Housing Office requires a site tour to inspect the unit. 2 We1`erraAe1dn796.adu t7'd Od0 9NISf1OH N3dSd WH06:0T 66, ZO AOH 0 0 Aspen Consolidated Sanitation District Sy Kelly * Chairman John Keleher Paul Smith * Treas Frantz Loushin Michael Kelly * Secy Bruce Matherly, Mgr October 19, 1999 Nick Lelack Community Development 130 S. Galena Aspen, CO 81611 Re: 1395 Riverside Dr. Dear Nick: The development located at 1395 Riverside Dr. is currently served by our District. We currently have sufficient collection and treatment capacity to serve the proposed redevelopment of this property. Service is contingent upon compliance with the District's rules, regulations, and specifications which are on file at the District office. Issues such as the method of connection and the abandonment or reuse of the existing service line must be reviewed and pre -approved by our line superintendent. Once detailed plans are available for the construction of the duplex, a tap permit can be completed, and the additional fees can be estimated. We request that the completion of the permit and payment of fees be required prior to the issuance of a building permit. Please call if you have any questions. Sincerely, Bruce Matherly District Manager 565 N. Mill st.,Aspen, CO 81611 / (970)925-3601 / FAX (970) 925-2537 Phil Overeynder, 12:17 PM 10/25/99, Re: referral comments on 2 ADU Date: Mon, 25 Oct 1999 12:17:24 -0600 (MDT) X-Sender: philo@water To: Nick Lelack <nickl@ci.aspen.co.us> From: Phil Overeynder <philo@ci.aspen.co.us> Subject: Re: referral comments on 2 ADU apps Nick, No I didn't attend. I didn't alive comments on either application. Thanks for inquiring. Phil At 04:03 PM 10/22/99 -0500, you wrote: >Hi Phil, >I cannot remember if you attended the DRC last week concerning the 518 West >Smuggler ADU application and 1395 Riverside Drive ADU application. The >applications were missing a few components, so I am checking with DRC >members to see if there is any additional information you need before >reviewing the application and submitting referral comments. Please let me >know if you need more information. >Thanks. >Nick >X-5095 Printed for Nick Lelack <nickl@ci.aspen.co.us> 1 EXHIBIT E 1,w�J�y�.; ' ~�.. yam. � y ,y' -�• • �•.� 4. �•'-�•�.�°fi'�.,�." '� . A ' .i The ADU is located below this garage. Access to the ADU is downstairs and to the right of this photograph, and the parking space is located in front of this access. E y 1 • Av Nearly completed duplex. The garage is located to the right of the duplex (not visible). Don ICr^T• Gxl+Iarm D • LAND USE APPLICATION APPI ICAMT• Name: C ply DI TI c7�/A-1— L,�E_ 12595 1 U >X!S 1()jF_— Location: S I �0r;-5 s� (Indicate street address, lot & block number, legal description whe e appropriat)t.> (� Name: Address: AvE 61611 Phone #: 5 o5 REPRESENTATIVE: Name: -`'6-ru kP -7 L USL Address: , D, 6c)& 20O f{s� l'j Phone #: 20 — 1 3 -2J TYPE OF APPLICATION: (please check all that apply): XConditional Use Ej Conceptual PUD Conceptual Historic Devi. Special Review Final PUD (& PUD Amendment) Final Historic Development Design Review Appeal Conceptual SPA Minor Historic Devt. GMQS Allotment ❑ Final SPA (& SPA Amendment) Historic Demolition GMQS Exemption M Subdivision Historic Designation ESA - 8040 Greenline, Stream Subdivision Exemption (includes Small Lodge Conversion/ Margin, Hallam Lake Bluff, condom iniumization) 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.) �vL_E Ftwc-ir Lo7- �S (Y, I ;E PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Have you attached the following? 0 Pre -Application Conference Summary Attachment #1, Signed Fee Agreement [-1 Response 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 ' Ua FEES DUE: $_ • • ATTACHMENT 3 SPECIFIC SUBMISSION REQUIREMENTS CONDITIONAL USE REVIEW 1. A sketch plan of the site showing existing and proposed features which are relevant to the review of the conditional use application. 2. If the application involves development of a new structure or expansion or exterior remodeling of an existing structure, proposed elevations of the structure. For Accessory Dwelling Unit applications, please also include: Floor plan of the ADU, including door and window locations. 2. Net livable square footage of the unit, which is calculated on interior living area and is measured interior wall to interior wall, including all interior partitions. Also included, but not limited too, habitable basements and interior storage areas, clos,ts and laundry area. Exclusions include, but are not limited to, uninhabitable basements, mechanical areas, exterior storage, stairwells, garages (either attached or detached), patios, decks and porches. An ADU shall contain no less than 300 net livable square feet and no more than 700 net livable square feet. • • ATTACHMENT 4 REVIEW STANDARDS: CONDITIONAL USE REVIEW When considering a Development Application for a Conditional Use, the Commission shall consider whether all of the following standards are met. 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; and 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; and 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; and 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; and E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and 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. RESPONSE TO ATTACHMENT 4 A. The conditional use of proposed ADU at 1395 Riverside Drive is consistent with the Aspen area comprehensive plan. The location (R-15) of ADU fits into the Rural, yet close in, location of existing Duplexes and Single Family mix of homes. This is a great location for an ADU opportunity. B. The location of proposed ADU is consistent and compatible with the character of the Riverside subdivision. The sub -divisions character already includes a mixture of new and old structures, most Duplexes and Single family homes are on lots of well over 16,000 square feet. Apparently several homes in the neighborhood are Annual Rental Market Properties, along with local families. Thus the pedestrian traffic remains quite active year round. C. The location, size and design of proposed ADU is quite appropriate for the neighborhoods scale. The character and visual impact of ADU's exterior blends into existing site characteristics such as retaining scrub oaks, chokecherrys and aspens, along properties southern edge. Natural Grades were left undisturbed within southern and eastern set back lines. cut. Overall there is virtually no visual impacts from the Riverside Drive streetscape. Parking and vehicular circulation is accessed off of Riverside Drive's 16' drive The close in location allows for trash service, delivery service, etc. Noises, vibrations and odors should be of little impact as the ADU unit is tucked into a hillside on three sides thus leaving glazing and access along southern sunny side. The existing undisturbed trees, screens the neighbors driveway to the south. D. Being located within the Aspen City limits, there are obvious advantages as to water, sewer, waste and drainage, etc. The school bus stop is right at the corner of Hwy 82 & Riverside drive exactly where subject property is located. Thus, fire, medical and other emergency services are easily accessed right off Hwy 82. Said location is also located at a RFTA stop and is also easy walking distance to town for the pedestrian. E. Said applicant commits to continue to offer affordable housing opportunity under the ADU guidelines of the Housing Authority. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan, thus said applicant wishes to have the ADU Conditional Use Application approved, as proposed, by a vote of the Planning and Zoning Commissioners. v sEf zs947 �4. ---� �'• -SE "25947 Ln • C� Q7 ' � V 0 CP { 91 GRAV L DOG �N-- / - D6VE / WATER METER / \ ('V / 108 ' AU PHONEE )\SPEN UNTO 1 ,$ z ry co C OVERHEA ry IES12707 \ b cl N ' \ro ION O 5 z ' e � ( r �L • _ I 00 Ln 44 U • o r �� `�fi Q / �. b,ccov c" CN ro I I -� o0 0 ROOF avTcacs �\ To varwew To czrwe,..�z � N Jn SA uoxr�+ p xut �► r+'o vlJstir To. 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Mitch Haas, 920-5095 DATE: 4/1/98 Riverside Drive Conditional Use Review for an ADU, and Residential Design Standards Review Stuart Lusk --- 920-1321 Lusk Design, P.O. Box 2004; Aspeft, CO 81612 Conditional Use Review for an ADU and Residential Design Review DESCRIPTION: Applicant would like to demolish an existing house and redevelop the site with a duplex and an Accessory Dwelling Unit (ADU). The proposal would be subject to review under the Residential Design Standards. The property in question has a gross area in excess of 17,000 square feet and is located on Riverside Drive. The property is zoned R-15, Moderate Density Residential. In the R-15 Zone District, a duplex may be developed on a lot of 15,000 square feet that was subdivided as of 4/28/75; otherwise, the duplex must be developed with a minimum lot area of 10,000 square feet of lot area per dwelling unit (20,000 square feet needed for duplex). The ADU or cash -in -lieu is required for a GMQS Exemption, but the applicant has the option of proposing one ADU of between 600 and 700 square feet, or two ADUs of at least 300 square feet each. Land Use Code Section(s) Chapter 26.60, Conditional Uses; Section 26.40.090, Accessory Dwelling Units; Section 26.100.050(A)(2)(c), GMQS Exemption for Duplex Dwelling Unit; Section 26.28.050, Moderate -Density Residential (R-15); and, Section 26.58.040, Residential Design Standards. Also see: Chapter 26.44, Park Development Impact Fee; and, Chapter 26.52, Common Development Review Procedures. Review by: Community Development Department and City of Aspen Planning and Zoning Commission. Public Hearing: Yes, the conditional use review requires a public hearing, and the notice requirements outlined in Chapter 26.52 will have to be followed. Referral Agencies: Engineering, Housing, Parks, Zoning, Fire Marshal, ACSD, Building, and Streets. Planning Fees: Planning Flat Fee ($245) Referral Agency Fees: Engineering, Minor ($110); and, Housing, Minor ($70). Total Deposit: $425. ��,-u -td�� ittu 1u 5C H1`I • tfix Nu. • r, uc ASPENtPiTKIN ° COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ASPEN (hereinafter CITY) and ��� ass /[,�✓e, (hereinafter APPLICANT) AGREE AS FOLLOWS. - (CANT ha submitted to ITY an application for _, (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1998) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the incrust of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additionaRosts may accrue following their hearings and/or npprovais. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional pavments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient informa6oll to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deoosit in the amount of S_!/ _which is for hours of Community development staff tiffs, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billini date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT I3 � � - y By: ie Ann Woods ommunity Development Director Date: " Mailing Address: / ATTACMUNT2 M M IUM SUBMISSION REQUIREMENTS ALL DEVELOPMENT APPLICATIONS ] . Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which development is proposed to occur. 3. A disclosure of ownership 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. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 5. A site improvement survey including topography and vegetation showing the current status 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.) i October 7, 1999 To Whom It May Concern: I hear by authorize Stuart Lusk, of Lusk Design to act as representative before the Planning & Zoning Commission of the City of Aspen. He will be representing Bass/Cahn Properties regarding 1395 Riverside Drive, which is owned by Bass/Cahn Properties. Stuart Lusk Lusk Design P.O. Box 2004 Aspen, CO 81612 970-920-1321 Thank you, Harris A. Cahn Bass/Cahn Properties WARRA�TY DEED ' THIS DEED, made this 24 day of MARCH / 1997, between JILL ANN MACKIE OF THE COUNTY OF MaW STATE OFH� GRANTOR, AND BASS CAHN PROPERTIES, LLP GRANTEE whose legal address is : P.O. BOX 5078 ASPEN, CO 81611 COUNTY OF PITKIN, STATE OF CO WITNESSETH, That for and in consideration of the sum of ten dollars and other gooc and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate and lying and being in the County of PITKIN, State of COLOR -ADO, described as follows: See Attached Exhibit "A" TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and L1 reversions, remainders, rents, issues and profits thereof, and all the \ estate, right, title, interest, claim and demand whatsoever of the grantor •1� either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. \ TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. t And the Grantor, for himself, his heirs and assigns, does covenant, grant, V bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing delivery of the presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions cf whatever kind or nature soever, except those matters as set forth o:. Exhibit "B" attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall. be applicable to all gend s. l.t'v JILL ANN MACKIE � •EXHIBIT A PARCEL I: That part of Lot 25, RIVERSIDE SUBDIVISION, according to the Revised Plat thereof, filed in Ditch Book 2A at Page 255 of the Pitkin County Records, described as follows: Beginning at a point from whence the Southwest Corner of said Lot 25 bears S 00*53' E 89.28 feet; thence N 00153' W 141.99 feet; thence N 50000' E 111.32 feet, more or less, to the Westerly right-of- way line of State Highway 82, thence along said right-of-way line, S 21030' E 121.94 feet; thence S 51056' W 162.30 feet, more or less, to the point of beginning. PARCEL II: That part of Lot 25, Block 1, RIVERSIDE SUBDIVISION, according to the Plat thereof recorded in Ditch 2A at Page 179 and Revised Plat thereof recorded in Ditch 2A at Page 255 which lies Northerly of the following line: Beginning at a point on the West line of said Lot 25 from whence the Southwest Corner of Lot 25 bears S 00053' E a distance of 231.27 feet thence N 50000' E 111.32 feet mo or less to the Westerly right-of-way line of State Highway 82. County of Pitkin State of Colorado 'AAL Ilk k `tow ,. 9:-4. :17:14�24 all ti tirr' =N�7- �i -? - 4 ! IL r .000 4 jz ,�- -r- Av3oisa3AI" a � 1 /Li(SS R � L�L�j ��a / CP 0 'may, •�.. - r".E i y :/, CP ` I I:� ..v _1 - _• � ,.: _ � _ Y. �' -r L ': +,�''` .sue( 4coo 1!_ � _ - � _ �.' �• � � ,fir:_. x ",. 17— �v t01, 'p3 •��e �" �.,,* :H� t�• - t, �� � � g�-.;_ `' �' ��'� � / ^' `� r ' - �� ." t, •~ � � � '�- E' � :.y ..E a _. 5 � oLo sip -. 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