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HomeMy WebLinkAboutcoa.lu.cu.518 W Smuggler Rd.A090-992735-124-ice ���1 Z f A090-99 518 1i Smuggler Conditional Use ADU P U 32by COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street 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 L115 / ) NAME: t I S 1 ADDRESS/PROJECT: SA PHONE: CHECK# ;'�1-�17- CASE/PERMIT#: 41 n # OF COPIES: DATE: INITIAL: • ib CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY A090-99 2735-124-10002 518 W. Smuggler 518 W. Smuggler Nick Lelack Conditional Use ADU Ralph Whipple same 11 /30/99 Reso. 39-99 Approved 2/8/00 J. Lindt • • PARCELf.518 124-10002 CASE NA. Smuggler PROJ ADSmuggler OWN/APP: Ralph Whipple REP: same FEES DUE 255FF 160E REFERRALS REF MTG DATE , EV BODY P IN i REMARKS 10/8/99 � 1 ASE TYPI Conditional Use ADU son Ave. k' ClSIZ: Aspen/CO/ C/S/Z: FEES RCVt415 CLOSED: BY: FIAT SUBMtTD: PLAT (BK,PG):' ►TE OF FINAL ACTION* CITY COUNCIL: PZ: I f p BOA: DRAC: ADMIN:1 /1- / Apt ►�� V i 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: 518 West Smuggler Road of the City and Townsite of Aspen, by approval of the Aspen Planning and Zoning Commission pursuant to resolution 39, series of 1999. For further information contact Julie Ann Woods, at the Aspen/Pitkin Community Development Dept., 130 S. Galena St, Aspen, Colorado (970) 920-5090. s/Kathryn S. Koch, City Clerk, City of Aspen Publish in The Aspen Times on December 10, 1999. 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. Ralph Whipple, 855 Gibson Ave. Aspen, CO 81611, 925-5054 Property Owner's Name, Mailing Address and telephone number 518 W. Smuggler, 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 Planning and Zoning Resolution 99-39, 11/30/99 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) December 10, 1999 Effective Date of Development Order (Same as date of publication of notice of approval.) December 11, 2002 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 1 Oth day of December, 1999, by the City of Aspen Community Development Director. Julie Ann Woods, Community Development Director G.Planning.Aspen. forms.DevOrder MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director-10fo FROM: Nick Lelack, Planner RE: Whipple Conditional Use ADU, 518 West Smuggler - Public Hearing DATE: November 30, 1999 APPLICANT: Ralph W. Whipple REPRESENTATIVE: Ralph W. Whipple LOCATION: 518 West Smuggler Street ZONING: R-6, Medium -Density Residential CURRENT LAND USE: Duplex PROPOSED LAND USE: Two (2) single family residences with two (2) attached ADUs with 346 square feet of net livable area each. LOT SIZE: SUMMARY: 9,021 sq. ft. This request is for Conditional Use approval for two (2) attached Accessory Dwelling Units (ADU). The ADUs FAR: will provide for exemptions from GMQS. The applicant Allowable: 8,160 sq. ft. -s proposing to demolish a duplex and replace it with Proposed: 7,080 sq. ft. \� o (2) single family residences and two (2) ADUs. --� �7� b STAFF COMMENTS: Ralph Whipple has applied for Conditional Use approval for two (2) attached Accessory Dwelling Units (ADU). The ADUs will provide for an exemption from GMQS for the new residences. The ADUs include approximately 346 square feet of net livable space each. The plans are for efficiency/studio style units with a combined bedroom/living/kitchen area, and one bath with a walk-in closet. The proposed ADUs will be located below grade under garages at the rear of the property. The ADUs will be accessed from the alley, where designated parking spaces will be located. At staffs request, the applicant has relocated the proposed stairwells down to the units to the yard side of each unit. As originally proposed, the ADUs were accessed by stairwells at the center of the buildings limiting light and privacy. Staff is very appreciative of this relocation because it will provide additional light into the ADUs, direct access from the ADU parking spaces to the stairwells, and allow each tenant to look into their covered entrance from the yard before stepping down the stairs — an important safety feature because the units are accessed from the alley. The ADUs meet all development standards and have been reviewed and recommended for approval by the appropriate referral agencies. Staff is recommending approval of the ADUs 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 Whipple Accessory Dwelling Units located at 518 West Smuggler Street with the following conditions: 1) 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. 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 for each ADU, a form which may be obtained from the Housing Office. The deed restriction shall be noted on the building permit plans. 0 e) a drainage report and a drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on - site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2 year storm frequency should be used in designing any drainage improvements. 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) meet with the Aspen Consolidated Sanitation District to determine what fees will be applied, and complete a tap permit with the Aspen Consolidated Sanitation District. The applicant shall connect the ADUs to the sanitary sewer in a manner acceptable to the ACSD superintendent. 2. The building permit plans shall reflect/indicate: a) Conformance with all aspects of the City's Residential Design Standards. b) The proposed ADUs are labeled as such and meet the definition of an Accessory Dwelling Unit. c) The ADUs will contain kitchens (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) Each ADU has the minimum one (1) off-street parking space provided. The City Code minimum is 8%2'x18'. The building permit plans shall indicate the designated ADU parking space with a rectangle crossed with dashed diagonals. The ADU spaces must have clear and direct access from the driveway and cannot be stacked with a space for the primary residence. e) The ADUs meet all applicable UBC requirements for light and air. f) An overhang shall cover each ADU entrance designed to prevent snow and ice from falling on, or building -up on, the entrance to each 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) A fire suppression system if the gross square footage of the structure including the ADUs exceeds 5,000 square feet. 3. The applicant should provide separate utility taps and meters for each residential unit. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the Whipple Accessory Dwelling Units located at 5I� West Smuggler Street 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 • • REVIEW CRITERIA & STAFF FINDINGS Exhibit A 518 West Smuggler, 2 ADUs 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: Deed restricted Accessory Dwelling Units are 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-6 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 West End neighborhood consists of a mixture of duplex units and single family homes; there are also existing ADUs in the area. Separating the duplexes into two (2) single family residences with attached ADUs produces two (2) smaller structures rather than one large building with four (4) attached housing units; this separation enhances the neighborhood character. (C) The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Staff Finding: The location, size, and design of the ADUs will be visually compatible with the primary residence on the property and in the immediate vicinity. The only visible portion of the ADUs will be the stairwells, and the stairwells are only visible from the alley. Parking spaces for the ADUs are located off the alley behind the units. The units are not expected to impact pedestrian and vehicular circulation, and the operating characteristics will be similar to those of the primary residences. The alley location allows for trash service, delivery service, etc. No noise, vibrations, or odor related impacts are anticipated. The proposed ADUs will be located below grade under garages at the rear of the property. The units contains approximately 346 square feet of net livable space in a studio/efficiency layout. There will be a bedroom/living area, kitchen, plus a combined bathroom/walk-in closet. (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. This provision is a proposed condition of approval and required by the Uniform Building Code. 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. 0 1 0 Staff Finding: The proposed ADUs are approximately 346 square feet of net livable area. 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-6 Zone District. A zoning check is required through 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: The proposed ADUs will be accessed from the West Smuggler Street alley, and designated parking spaces for the units will be located next to the driveways for the single family homes off of the alley. This standard is met. 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 ADUs are subordinate in character to the primary residences and, are in fact, located beneath the garages at the rear of the property. Hence, the units are hardly visible. Although the duplex will be replaced by two (2) single family homes and two (2) ADUs, which doubles the density on property in terms of the number of housing units, the ADUs are 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 Review Criteria and Staff Findings 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. These are not bandit units. 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 ADUs do not qualify for a Floor Area exemption. e e, (o NN\ M% MEMORANDUM To: Nick Lelack, Planner Thru: Nick Adeh, City Engineer From: Chuck Roth, Project Engineer e`L Date: October 29, 1999 Re: 518 West Smuggler - 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. 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 meet the requirements of the Engineering Department Interim Design Standards and 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. 2. 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. The applicant needs to sign a sidewalk, curb and gutter construction agreement, and pay recording fees, prior to issuance of a building permit. 3. Parking — The development plans need to show two on site parking spaces per unit and one per ADU. The City Code minimum is 8%2 xl8'. Parking spaces are typically indicated with a rectangle crossed with dashed diagonals. 4. Fire Marshal - If the area of the structure exceeds 5,000 square feet, sprinklers must be installed. The plans will be reviewed at the time of submission for building permit. 5. Trash & Utilities - All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in the public right-of-way. Existing pedestals in alley right-of-way adjacent to property need to be relocated onto private property. For pedestals and transformers, easements must be provided. Meter locations must be accessible for reading and may not be obstructed by trash storage. If the duplexes will be condominiumized, separate utility services and meters should be provided. 6. Aspen Consolidated Sanitation District (ACSD) — The applicant needs to meet with ACSD to determine what fees will be required. 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 158 Housing Office City of Aspen/Pitkin County 530 East Main Street, Lower Level Aspen, Colorado 81611 (970) 920-5050 Fax: (970) 920-5580 MEMORANDUM TO: Nick Leiack, Community Development Dept. FROM: Stefanie A. Levesque, Housing Office DATE: November 2, 1999 RE: Ralph Whipple Conditional Use for an ADU — 518 West Smuggler Parcel ID No. REQUES : The applicant is requesting approval for an accessory dwelling unit to be located below grade. BACKGROUND: 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. 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. 4. A deed restriction MUST be recorded PRIOR to building permit approval. The dead restriction shall be obtained from the Housing Office. 5. 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 26.675.020 A,6 the ADU shall be dead 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. RECOMMENDATION: After reviewing the 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. V$ferrrna1dn788 adu E'd Jd0 9NISf1OH N3dSd W062:0T 66, 20 AON Aspen Consolidated sanitation District Sy Kelly * Chairman Paul Smith * Treas Michael Kelly * Secy October 19, 1999 Nick Lelack Community Development 130 S. Galena Aspen, CO 81611 Re: 518 W. Smuggler Dear Nick: John Keleher Frank Loushin Bruce Matherly, Mgr The existing residential unit at 518 W. Smuggler is currently served by our District. We currently have sufficient collection and treatment capacity to serve the proposed redevelopment of the property. Service is contingent upon compliance with the District rules, regulations, and specifications which are on file at the District office. Each main residential unit will require a separate service line. The old service line will need to be abandoned in accordance with our line superintendent's approval. The applicant's contractor should be encouraged to contact our office for more information. Once detailed plans are available for each unit, a tap permit can be completed, and the additional fees can be calculated. We would request that a tap permit for each unit be completed prior to the issuance of building permits. 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 CITY OF ASPEN PARKS DEPARTMENT All trees to remain on site shall be fully protected with a structural fence (before construction begins) placed outside the dripline. Site will be inspected before any construction begins. No excavation or storage of materials or backfill will be allowed within this barrier. 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(OWNERSHIP) REPRESENTATIVE AUTHORIZATION AGREEMENT FOR PAYMENT CONDITIONAL USE DESCRIPTION OF ADU AREA MAP LOCATING PROPERTY EXISTING SURVEY PROPOSED SITE PLAN (ADU ACCESS) ELEVATION WEST ADU ENTRY PROPOSED WEST ADU FLOOR PLAN '/4 = I ELEVATION EAST ADU ENTRY PROPOSED EAST ADU FLOOR PLAN 1/4 = I PROJECT: • LAND USE APPLICATION • ex w (g LT' l) D µ PPuL'�wD4 4PPLICANT: Name: e Location: (Indicate street address, 1 t & block number, legal description where appropriate) Name: i' ' Address: Phone #: 9� _ REPRESENTATIVE: Name: Address: Phone #: 1 YPE OF APPLICATION: (please check all that apply): Conditional Use lkou ❑ Conceptual PUD Conceptual Historic Devt. Special Review Final PUD (& PUD Amendment) Final Historic Development Design Review Appeal Conceptual SPA Minor Historic Devt. GMQS Allotment Final SPA (& SPA Amendment) Historic Demolition GMQS Exemption Subdivision Historic Designation ESA - 8040 Greenline, Stream Subdivision Exemption (includes Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split Temporary Use Other: Lot Line Adjustment Text/Map Amendment :XISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) �.-',{'iSTir�cr � STcli'�J ��.G/J�«. n/! � Gi'X.J .C'� 1a1� ��� �'er�✓ PROPOSAL: (description of proposed buildings, uses, modifications, etc.) �7 S Have you attached the following? FEES DUE: $ �] Pre -Application Conference Summary �] Attachment #1, Signed Fee Agreement �] 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 Wl,-Ub-1 yyy Wtu 11: 41 fin • e RA NU, . r . U 1 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Sarah Oates, 920-5441; James Lindt 920-5104 DATE: 10/06/99 Sl $ PROJECT: -06 W. SmugglcrADU REPRESENTATIVE: Stewart Lusk OWNER: Ralph Whipple TYPE OF APPLICATION: One Step DESCRIPTION: Conditional Use for an ADU Land Use Code Sections) 26.470. Growth Management; 26.520 Accessory Dwelling Units Review by: P&Z Public Hearing: Yes Referral Agencies: Housing Planning Fees: Fiat Fee ($255) Referral Agency Fees: $160 Total Deposit: S415 To apply, submit the following information: 1. Proof of ownership 2. Signed fee agreement 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authoriacd to act on behalf of the applicant. 4 Strect address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the naines of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application 6. 10 Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC — 7; Referral Agencies — 1/ea.; Planning Staff - 1 7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. S. Site map showing placement of improvement 9. Additional materials as required by the specific review. Please refer to the application packet for specific submittal requirements or to the code sections noted above. 10. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Disclaimer: The foregout; 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 creme a legal or vested right. UU1-ui-100y 1t1U lU;SC H!1 • rHn IVu, • r. „� ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Ayes rent for Payment of(' of A_�en Devejs., entARALS>iitnn Feed CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE ;%S I=OLLOWS. APPLICgYgT has submitted to CITY an application for ("cinai er, THE PROJECT j, -• APPLICANT understands and agrees that City of Aspen Ordinance No 39 (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 rime to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue followin; their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the piannin; Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billi ngs are paid in fitll prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its :fight to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of 5_ 1/S _"which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing, date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN By: Jic,�knni,Woods uny Development Director APPLICANT D te; Mailing Address � i.o.c 7pg0 a 18.67 R.O.► ALLEY BLOCK 26 / \ 710 7b90 .7 / \ / R1�RYER PiAST\c c�P is PHONE 0 N 75'09"11'W 90.07 CATVO REB� \ 9.76- ,G e 5 GARAGE I.C.E. uNlr 2 \ • 21.6 i I \ /C.E. I u�v CJ` J J I2).7 CERTIFICATION \ rn 'HE UNDERSIGNED STATES THAT TT� ►RO►ERTY DESCRIBED HEREON WAS FIELD SURVEYED DURING OflR.NL 1999 AND IS ACCURATE BASED ON THE F I ELD EVIDENCE AS 7NIOW11 AND }MAT THERE ARE NO c DISCREPANCIES OF RECORD BORRDARY L I ICE CONFLICTS ENCROACH ENT! EASEMENTS OR RIGHTS OF %AY IN FIELD EVIDENCE OR I�HIOWII TO HE H EXCEPT AS HEREON SHOWN. UNDEMOU D UTILITIES WITH NO MOR&OUND \ $ A►PURTENANC S(� �I�UD DOCUMENTS OF RECORD NOT SUPPLIED TO THE SURVEYOR ARE M.'.J4xP 13 SURVEY 13 VOID UNLESS WET STAMPED 0 WITH THE SEAL BELOW. W i DATED: DECK L.C.E. UNIT 1 n N' ~ n JOINN HO ►.IgQp� 16. 1 = o ?1 �! KtERs �� [ LAq�S�I - g UN1t 2 � ■ UN1t 1.9 ONE STORY IMPROVEMENT TOPOGRAPHIC ~ 2 STORY vTER \ REN,ypTE WAtER \ SURVEY 7 2 OF THE UNITS 1 AND 2 PLENK COMDIMINIUMS. ACCORDING TO THE CONDOMINIUM PLAT THEREOF RECORDED APRIL 29 1996 IN PLAT BOOK 44 AT PAGE 82 AND AS DEFINED / I o c.S. AND DESCRIBED IN THE CONDOMINIUM DECLARATION OF PLEW CONDOMINIUM 47.8 RECORDED MAY 5, AS RECEPTION NO. 416504 1 SITUATED ON ICX L.C.E. UNIT I ... n L0T5 N 0 AH10 P BLOCK 26 CITY AND TOWNSITE OF ASPEN "'. W / \ CONTAIICOUNTY OOL SO.F 1 L.ct 1 CONTAINING 9/007 SO. FT. •/- (0.207 ACRES) T / C.E �1 / UNI u PREPARED BY 9 INIUM U,P .07 ASPEN SURVEY ENGINEERS INC. S I •09 I1'E 9SYQ7 l\ 210 SOUTH GALENA STREET AS PENI COLORADO 31611 wAT EP "`NNN PHONE/FAX (970) 025-3815 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, is 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. IN 7pg0 6 A6,l i J�.t mat Tt`" ALLEY BLOCK 26 Q PSI 07101 T Rµr*R1C 1 PHONE O n hp 75*09. 11'R 90.07 CATvQ BE' 30.31' t'r K I I.1 ��oa .� BL S \ "v 1 Y"- rT � I CERTIFICATION THE UNDERSIGNED STATES THAT TfE OPERTY DESCRIRO HEREON WAS/ 1=Y FIELD SURVEYED DURING a 19Yi AND I ACCURATE RASED ON THE FIELD EY1 AS 3.0. AND fW1r THERE ARE NO \ «« •',,.�.��-" $ DISCREPANCIES OF RECORD BOUNDARY LIRE CONFLICTS EIICR0AUf91Til \ _ ��1�r b g EASEMENTS OR RINKS OF RECORD. IN FIELD EVIDENCE OR �NONI TO ME EXCEPT AS HEREON SHOWN. UNDERGROUND UTILITIES WITH MO 2"Moi \ I APPURTENANCES AND DOCUMENTS OF RECORD NOT SU►PLIED TO THE SURVEYOR ARE P IS SURVEY 13 VOID UNLESS BET STAM►® WITH THE It BELON. • W I a DATED: ' o E1pppp►,► I ;^ JOIN IIO /-�w7 Jll- e U L] } 31 T AL LAiN _ 8 ' _ 1 ~ 1 IMPROVEMENT TOPOGRAPHIC SURVEY OF THE UNITS l AND 2 ►LENU CONDIMINIU7S. ACCORDING TO THE CONDOMINIUM PLAT THEREOF RECORDED APRIL 2B 1AS DEFINED AND DESCRIBED IN THE COND�PI 096 IN PLAT BOOK 41 AT PAGE i2 ANDAS DECLARATION OF ►LENK CONDOMINIUPI RECORDED MAY 51 AS RECEPTION NO. 416504 SITUATED ON POTS N 0 AND P BLOCK 26 CITY AND TOBMSITE OF ASPEN / \ PITK IN7COVNTY EOP ORADO C E . / / / CONTAINING 97007 SO FT. •/- (0 207 ACRES) N13 1 SAP PREPARED BY 07 /59 9 It'E 9jYG7 ASPEN SURVEY ENGINEERS INC S 7 •0i 210 SOUTH GALENA STIES' ASPEN) COLORADO 8161. aVVV _ _ LTaO n^ �\ / PHONE/FAl( 19701 925 -31 :9 7E95 0 _ "�'07 ..d 15g5, ___ I DATE JOB \., C '/99 ;52478 P T F7 C-2 .Eh5T- OF UO IT- • rj Ii5 wfi�T u(9C-)��� ATVO�-µENT*'3 yl F-sT lkD U FL-0(),2 -Fl-1Ftj f AbU 34-1� U IktT"k�t4-M�-r 3 �A-5T' ka U W e s-r E.LZ-y ArT oq e-- F"hm 1- H O , �lZ-ESS�� _ Ar t> L) N'r fr,%-T` 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's at 518 W. Smuggler Street is consistent with the Aspen area comprehensive plan. The location (R-6) of the ADU's fits into the West End core of existing ADU's, Duplexes and Single Family mix of homes. The West End is a good location for an ADU opportunity. B. The location of proposed ADU's is consistent and compatible with the character of the West End subdivision. The sub -divisions character already includes a mixture of new and old structures; most ADU's, Duplexes and Single family homes are on lots of 6,000 to 9,000 square feet. The alley is a natural way to privately access these units. C. The location, size and design of the proposed ADU's is quite appropriate for the "grid" type neighborhood; proposed units are located under a detached secondary mass linked by a subordinate connecting element. Access is typical of most West End residences, which makes use of a rear alley. From the Smuggler streetscape there is no negative impact. The light wells are located in accordance with Ordinance 30. The southern and western orientation of said wells preserves solar access into proposed units. Glazing requirements are well above the UBC's minimum 10% standard. Overall there is virtually no visual impacts from the W. Smuggler streetscape. Parking and vehicular circulation is accessed off of W. Smuggler's ally. The alley location allows for trash service, delivery service, etc. Noises, vibrations, and odors should be of little impact as the ADU's are located at a lower grade toward the rear of the property. D. Being located within the Aspen City limits; there are obvious advantages as to water, sewer, waste and drainage, etc. Emergency, police, and fire vehicles can easily access this West End core location. 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. • • EXHIBIT E * ! i �'�a-ter E m • . � . 1 . a, �:� �. • III '- , Location of East single family home garage and ADU. The proposed accesses to both units will be located approximately where the truck is parked — the center of the property. • +ft'''",'�. ' it / 'P AN— n„ Location of the West single family home garageand ADU . 0 • TO: MEMORANDUM 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(- k C 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 iZ Phone-920.5095 Fax-920.5439 RE: 518 W. Smuggler — Conditional Use ADU Q DATE: October 12, 1999 V �O REFERRAL SCHEDULE 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 (10 ce(w • ATTACHMENT 2 MINIMUM SUBMISSION REQUIREMENTS ALL DEVELOPMENT APPLICATIONS 1. 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. 4. 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.) RESPONSE TO ATTACHMENT 2 Ralph U. & Lynne C. Whipple 855 Gibson Avenue Aspen, CO 81611 2. 518 West Smuggler Street See attached Title Report 4. Attached 5. Attached =_ Commitment for Title Insurance Fuielity National Title Insunmce Company A Stock Company COMMITMENT FOR TITLE INSURANCE FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Corporation, herein calledthe Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefore; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." Pitkin County Title, Inc. 601 E. Hopkins, 3rd Floor Aspen, Colorado 816U 970-n5-1766/970-925-6527 fax Fid el i t y Na tionei Ti tie Insurance Compm y ,,11E lye_ SEAL oo Countersigned Authorized Sign ure BY President ATTEST Secretary FORM 27-83-66 (9194) Valid Only if Schedule A and B are Attached ALTA COMMITMENT - 1966 The conditions of this commitment require that the premium and charges be paid prior to the issuance of the title policy(%). Therefore, no policy(s) will be issued rNi , COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: 01/04/99 at 08:30 A.M. Case No. PCT13840 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Proposed Insured: RALPH U. WHIPPLE and LYNNE C. WHIPPLE (b) ALTA Loan Policy -Form 1992 Proposed Insured: TO BE DETERMINED Amount$ 1,000,000.00 Premium$ 1,172.00 Rate:SUB-DIVIDER Amount$ 800,000.00 Premium$ 70.00 Rate:COMAPNION Tax Certificate: $10.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: AGNES M. PLENK and HENRY P. PLENK 4. The land referred to in this'Commitment is situated in the County of PITKIN, State of COLORADO and is described as follows: UNIT 2, PLENK CONDOMINIUMS. according to the Condominium Plat therQof recorded April 29, 1998 in Plat Book 44 at Page 82 and as defined and described in the Condominium Declaration of Plenk Condominium recorded May 5, 1998 as Reception No. 416504. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS ASPEN, CO. 81611 970-925-1766 970-925-6527 FAX AUTHORIZED AGENT Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. FNT . • SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: 1. Deed from AGNES M. PLENK and HENRY P. PLENK To RALPH U. WHIPPLE and LYNNE WHIPPLE 2. Deed of Trust from : RALPH U. WHIPPLE and LYNNE C. WHIPPLE to the Public Trustee of the County of PITKIN for the use of THE LENDER TO BE INSURED HEREUNDER to secure $800,000.00 3. Duly acknowledged certificate, certifying that proper notice of sale of the subject property was given and that the owner of other Unit did not elect to exercise their option to purchase pursuant to the Right of First Refusal as set forth in the Agreement Regarding Right of First Refusal to Purchase Property. a. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. 5. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 6. Completion of Form DR 1079 regarding the witholding of Colorado Tax. on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) 7. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) FNT. SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. _. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 206 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 8. Terms, conditions, provisions and obligations as set forth in Agreement Regarding Right of First Refusal to Purchase Property, recorded May 5, 1998 as Reception No. 416505. 9. Terms, conditions, provisions and obligations as set forth in Agreement to Allocate Floor Area Ratio recorded May 5, 1998 as Reception No. 416506. 10. Easements, rights of way and all matters as disclosed on Plat of subject property recorded April 29, 1998 in Plat Book 44 at Page 82. 11. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Plenk Condominium, recorded May 5, 1998 as Reception No. 416504, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. FNT ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2; NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominim or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company - will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122); (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance o= the Title Policy ant_cipa_ by this Commitment. This commitment is invalid unless Schedule 3-Section 2 the Insuring Provisions and Schedules Commitment No. PCT13840 A and B are attached. MEMORANDUM TO: Plans were routed to those departments checked -off below: O ........... City Engineer O ........... Zoning Officer O ........... Housing Director O ........... Parks Department ^........... 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: 518 W. Smuggler — Conditional Use ADU DATE: October 12, 1999 REFERRAL SCHEDULE 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 �t i I G i • � � • �. _ . �` �" `� :�-, /" ; t - , --�- -- - _ i � i '�� i __ � \ i . _. � - �i ' ,.. y,� ` 1 �t S ��ccr � •. � � I �' t i i l • • I ^27;z ti V) fL) jo • ._._ _.... n / w S9p 7 � S 7 0 � 18.67 R.O.A ALLEY BLOCK P ^LVIE .......... I O.C. T e9p .6 -< (o t 8 Lm f: bT SN uGbt�. 7 -6114&L-Es f*rAlt"oy �rr�s�-o o ►.� qaoo co uc��.�-�C :e, E 6 U t- Vu"00 S CERTIFICATION THE UNDERSIGNED STA4&1_��ROPERTY DESCR18E0 HEREON WAS FIELD SURVEYED DUR I 1— 19" AND 19 ACCURATE BASED ON THE FIELD EVIDENCE AS SHOWN AND THAT THERE ARE NO DISCREPANCIES GSCDFIEVIs�iOOO NTS�EASEMENORR;TOF*AY �ELDIDENCEORTME EXCEPT AS HEREON SHOWN. UNDERGROUND UTILITIES WITH NO ABOVEbROUND APPURTENANCES AND DOCUMENTS OF RECORD NOT SUPPLIED TO THE SURVEYOR ARE tXCEP IS SURVEY IS VOID UNLESS WET STAMPED WITH THE SEAL BELOW. IMPROVEMENT SURVEY TOPOGRAPHIC UNITS 1 AND 2 PLENK CONDIMINIUMS. ACCORDING TO THE CONDOMINIUM PLAT THEREOF RECORDED APRIL 29 1998 IN PLAT BOOK 44 AT PAGE 82 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION OF PLENK CONDOMINIUM RECORDED MAY 5, AS RECEPTION NO. 416504 SITUATED ON LOTS N 0 AND P BLOCK 26 CITY AND TOWNSITE OF ASPEN PITKINtCOUNTY 60LORADO. ' CONTAINING 9,007 SO. FT. •/- (0.207 ACRES) T A`UN, N,1l� CAP , PREPARED BY ASPEN SURVEY ENGINEERS, 210 SOUTH GALENA STREET ASPEN, COLORADO $1611 PHONE/FAX (970) 925-3816 INC. qS 7 SM VtPtb1,IS4Z 45 DATE 4/99 JOB 26247E 1--10 � 10 zo LEGEND AND NOTES 1 FOOT CONTOURS CITY MONUMENT O FOUND SURVEY MONUMENT AS DESCRIBED ❑ UTILITY BOX 8 FENCE • SET SPIKE SURVEY CONTROL POSTED ADDRESS: 518 (UNIT 2) AND 520 (UNIT 1) WEST SMUGGLER ST. BEARINGS BASED ON CITY MONUMENTS FOUND FOR THE SOUTHWEST CORNER OF BLOCK 26 AND THE SOUTHWEST CORNER OF BLOCK 231 N 75°09'11'W. O SET REBAR WITH CAP 25947 . ® GAS METER ELEVATION DATUM IS ARBITRARY BASED ON ASSUMED SILL ELEVATION AS SHOWN 1e WATER LINE IS LOCATED IN SMUGGLER STREET 6j R.p W PLASTIC CAP 15710, 7890.7 if itt Z SEWER, PHONE, ELECTRIC, GAS, AND CATV ARE LOCATED IN ALLEY � PARKING SPACE C.E. COMMON ELEMENT � / � � TYPICAL 8.5 X 18 26 \ C.E LIMITED COMMON ELEMENT 30.31 ZONE DISTRICT: R-6 TITLE INFORMATION FURNISHED BY: PITKIN COUNTY TITLE INC. / T.O.C. 7890.6 CASE NO. PCT13681C2JAND PCT13840C2 o I— DATED: 11/17/98 AND 01/04/99 '75°09 / W / \ 21.6 90 0j. / PHONE TREE WITH DRIP LINE ECTRIC � TRANFORMER ' \ / ^r c'ARA,,- REBAR D I OF P 7892.8 vMNT tj R.0 W 1( CERTIFICATION THE UNDERSIGNED STATES THAT TNNEE__PROPERTY DESCRIBED HEREON WAS FIELD SURVEYED DURING AYf�I h 1999 AND IS ACCURATE BASED ON THE FIELD EVIDENCE AS SHOWN AND THAT THERE ARE NO DISCREPANCIES OF RECORD BOUNDARY LIME CONFLICTS ENCROACHMENTS EASEMENTS OR RIGHTS OF ,GAY IN FIELD EVIDENCE OR kNOWN TO ME EXCEPT AS HEREON SHOWN. UNDERGROUND UTILITIES WITH NO ABOVEGROUND APPURTENANCES AND DOCUMENTS OF RECORD NOT SUPPLIED TO THE SURVEYOR ARE �XCEPT �p�,T,H'IS SURVEY IS VOID UNLESS WET STAMPED WITH THE SEA1L 0�\\\\�rruyYOR BELOW. DATED: IMPROVEMENT TOPOGRAPHIC SURVEY EY OF THE UNITS 1 AND 2 PLENK CONDIMINIUMS. ACCORDING TO THE CONDOMINIUM PLAT THEREOF RECORDED APRIL 29 1998 IN PLAT BOOK 44 AT PAGE 82 AND AS DEFINED AND DESCRIBED IN THE CONDdMINIUM DECLARATION OF PLENK CONDOMINIUM RECORDED MAY 51 AS RECEPTION NO. 416504 u SITUATED ON 0 LOTS N 0 AND P BLOCK 26 CITY AND PITKINICOUNTY 6LORADO. 1 TOWNSITE OF ASPEN) z J\i� ;y < CONTAINING 9,007 SO. FT. /- (0.207 ACRES) aZ m �i %0 PREPARED BY !NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE SURVEYOR. ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX (970) 925-3816 DATE JOB 4/99 262478