HomeMy WebLinkAboutresolution.apz.001-95RE8OLUTION OF THE ASPEN PLANNING ~ ZONING CO~MIESION FOR THE
~PPROVAL OF CONDITIONAL USE FOR ~N ATT&CHED ~CCESSORY
DWELLIN~ ~IT ~T THE B~ P~TN~S LLC RESIDENCE~ LOTS L7
~ ~ BL~K ~ R~VERS~DE ~D~T~ON~ ~ FOR VESTED R~HT~
FOR ~ID ~CCESSORY D~ELL~N~ ~T ~ FOR THE D~ELOP~E~
P~ ~TT~CHED HERETO ~S E~B~T ~
Resolution No. 95- ~
waER~, pursuant to Section 5-510 of the Aspen Land Use
Regulations accessory dwelling units may be approved by the
Planning and Zoning Com/~ission as conditional uses in conformance
with the requirements of said Section; and
WHERE~S, pursuant to Section 24-6-207 of the Aspen Municipal
Code, Vesting of Development Rights for a site specific
development plan may be approved at a public hearing for a period
of three years from the date of final development plan approval;
and
waEREAE, the Planning office received an application from
BKR Partners LLC for Conditional Use review for a 426 s.f. garden
level studio accessory dwelling unit at the proposed residence
and for vested rights for said accessory dwelling unit and for
the development plan attached hereto as Exhibit A; and
wHEREAS, the development plan attached hereto as Exhibit A
received special review approval for compliance with Neighborhood
Character Guidelines (floor area ratio) from the Special Design
Review Board on January 31, 1995; and
NHEREAE, the proposed unit is not 100% above grade,
therefore the site is not eligible for an F~R bonus pursuant to
the definition of Floor Area "Accessory Dwelling Unit", Section
3-101 of the Aspen Land Use Code; and
wHEREAS, the Housing office and the Planning office reviewed
the proposal and recommended approval with conditions; and
waEREAS, during a public hearing at a regular meeting on
February 7, 1995 the Planning and Zoning Commission approved by a
5-0 vote (i) the Conditional Use review for the accessory
dwelling unit with the conditions recommended by the Planning
Office and (ii) vested rights for said accessory dwelling unit
and for the development plan attached hereto as Exhibit A.
NOW, THEREFORE BE IT RESOLVED by the Commission:
Section 1: The BKR Partners LLC Conditional Use for a 426 s.f.
garden level accessory dwelling unit is approved with the
following conditions:
1. The owner shall submit the appropriate deed restriction
to the Aspen/Pitkin County Housing office for approval. The
accessory dwelling unit shall be deed restricted to resident
occupancy with minimum 6 month leases. Upon approval by the
Housing Office, the Owner shall record the deed restriction with
the Pitkin County Clerk and Recorder's Office.
2. Prior to issuance of any building permits, a copy of
the recorded deed restriction for the accessory dwelling unit
must be forwarded to the Planning Office.
3. The unit shall comply with the kitchen requirements
contained in the Housing Guidelines.
4. The ADU shall be clearly identified as a separate
dwelling unit on Building Permit plans and shall comply with
U.B.C. Chapter 35 sound attenuation requirements.
5. The applicant shall consult the city Engineer and Parka
Department and shall obtain permits from the Streets Department
for any work or development including landscaping within the
public right-of-way.
6. Precise floorplans of the accessory dwelling unit must
be approved by the Housing Office prior to the issuance of a
building permit.
7. Any increase in storm run-off must be contained on the
property.
8. The applicant shall agree to join any future
improvement districts which may be formed for construction of
right-of-way improvements.
9. The applicant shall consult City Engineering for design
considerations of development within public rights-of-way, Parks
Department for vegetation species, and shall obtain permits for
any work or development, including landscaping, within public
rights-of-way from City Streets Department.
10. Prior to the issuance of a Certificate of Occupancy,
the applicant shall construct sidewalks along Park Ave. and
Cooper Street. The new walks shall be approved by the City
Engineering Department and CDOT and an excavation permit must be
obtained from Public Works. The applicant shall also sign a curb
and gutter agreement for future work.
11. A trash and recycling area must be included on the
building permit drawings.
12. Ail 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.
Section 2: Pursuant to Section 24-6-207 of the Municipal Code,
the Planning and Zoning Commission does hereby grant the
applicant vested rights for said accessory dwelling unit and for
the BKR Partners LLC site specific development plan attached
hereto as Exhibit A, as follows:
1. The rights granted by the site specific development
plan approved by this Resolution shall remain vested until
February 6, 1998. However, any failure to abide by the terms and
conditions attendant to this approval shall result in forfeiture
of said vested property rights. Failure to timely and properly
record all plats and agreements as specified herein and or in the
Municipal Code shall also result in the forfeiture of said vested
rights.
2. The approval granted hereby shall be subject to all
rights of referendum and judicial review.
3. Nothing in the approvals provided in this Resolution
shall exempt the site specific development plan from subsequent
reviews and or approvals required by this Resolution or the
general rules, regulations or ordinances of the city provided
that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
4. The establishment herein of a vested property right
shall not preclude the application of ordinances or regulations
which are general in nature and are applicable to all property
subject to land use regulation by the City of Aspen including,
but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this site
development approval, the developer shall abide by any and all
such building, fire, plumbing, electrical and mechanical codes,
unless an exemption therefrom is granted in writing.
Section 3: The City Clerk shall cause notice of this Resolution
to be published in a newspaper of general circulations within the
City of Aspen no later than fourteen (14) days following final
adoption hereof. Such notice shall be given in the following
form:
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 Title 24,
Article 68, Colorado Revised Statutes,
pertaining to the following described
property:
LOTS 17 AND 18, BLOCK 6, RIVERSIDE ADDITION
CITY OF ASPEN, COLORADO
3
A~PROVBD by the Commission at its regular meeting on February 7,
1995.
Attest: Planning and ~.oning commission:
-~a~--C-a~R~, Deputy City Cl~er~k~B~=~ Chair
605 EAST MAIN STREET
ASPEN. COLORADO 81611
TELEPHONE303/925-4755
FACSIMILE 303/920-2950
APPLICATION FOR SPECIAL REVIEW COMPLIANCE WITH
NEIGHBORHOOD CHARACTER GUIDELINES
Lots 17
Aspen,
100 Park Avenue
and 18, Riverside Addition
Pitkin County. Colorado
Applicant:
BKR Partners LLC
201 North Mill, Suite 201
Aspen,'Colorado 81611
Represented By:
Bill Poss and Associates
605 E. Main Street
Aspen, Colorado 81611
(303) 925-4755
Contact: Keith Howie
TABLE OF CONTENTS
I. Description of Application .........................
II. Background of Property .............................
III. Minimum Submission Contents ........................
IV. Special Review: Compliance With Neighborhood
Character Guidelines ................................
V. Vesting of Rights ...................................
2.
3.
4.
5.
6.
7.
EXHIBITS
Pre-Application Conference Summary
Disclosure of Ownership and Title Insurance Policy
Permission to Represent
Land Use Application Form and Supplement
Vicinity Map
Survey
Proposed Plans and Elevations, FAR counts
I. DESCRIPTION OF APPLICATION
This~is a Land Use Application for 100 Park Avenue, also known
as Lots 17 and 18, Riverside Addition, City of Aspen, Pitkin
County, Colorado (the "Property"). This Land Use Application
requests special review approval for compliance with Neighborhood
Character Guidelines.
II. BACKGROUND OF PROPERTY
The Property is a pre-existing non-conforming lot of record in
the R-6 Zone District. It is located on the corner of Park Avenue
and Highway 82 (Cooper Avenue). The Property is a difficult site
due to its narrowness. It was originally interpreted that the
building envelope on the Property was approximately 21 feet by 100
feet. As a result of the Applicant treating the Property as a
corner lot, the Building Enforcement Official has determined that
the building envelope is approximately 35 feet by 85 feet, which is
still quite narrow.
The Property is vacant. The natural
grade) is slightly tilted as shown in the plans.
designed a single family residential structure
which exceeds 85% of the allowable floor
topography (original
The Applicant has
for the Property
area. Therefore the
Property is subject to special review to determine compliance with
the Neighborhood Character Guidelines.
III. MINIMUM SUBMISSION CONTENTS
The Applicant's name, address and telephone number are BKR
Partners, LLC, 706 West Main Street, Aspen, Colorado 81611, (303)
925-6300. A letter authorizing Bill Poss and Associates to
represent the Applicant, together with the name, address and
telephone number of the representative are attached as Exhibit 3.
The street address and the legal address of the parcel upon which
the development is proposed to occur are 100 Park Avenue, Lot 17
and 18, Riverside Addition, City of Aspen, Pitkin County, Colorado.
The Disclosure of Ownership and Title Insurance Policy are
attached as Exhibit 2, which discloses ownership of the parcel. A
vicinity map and survey locating the parcel within the City of
Aspen is included with the plans. The Land Use Application form
and the supplement with detailed information on FAR, site coverage,
etc. is attached as Exhibit 4. A current survey of the parcel is
attached as Exhibit 5.
IV. SPECIAL REVIEW: COMPLIANCE- WITH NEIGHBORHOOD CHARACTER
GUIDELINES
This portion of the Application demonstrates
the Neighborhood Character Guidelines ("NEG").
compliance with
A WRITTEN DESCRIPTION FROM THE PROPERTY OWNER, DESCRIBING THE
EXISTING CHARACTER OF THE NEIGHBORHOOD AND BLOCK WITHIN WHICH
THE SITE IS LOCATED, INCLUDING ANY TYPICAL OR IMPORTANT
FEATURES (NATURAL OR MANMADE)
RESPONSE: The Property is located in an. eclectic and built-up
neighborhood. Immediately across the street to the east on Park
Avenue is a large two story single family residence built to the
maximum height and floor area. Across Highway 82 to the south of
the Property are two large complexes, one of which is undergoing an
6
addition.
have very large massing and scale. To
a single family residence that has
These complexes are generally two stories in height and
the west of the Property is
utilized some of the same
landscaping and land form features of the Applicant's design.
The Applicant has established that the "neighborhood" for the
Property includes the parcels on either side of State Highway 82
(Cooper Avenue) but does not include the properties that are
The
is because this Property is seen primarily from State
82. The Property suffers from the high traffic noise of
located further down the street to the north on Park Avenue.
reason
Highway
State Highway 82, and the residence has been designed to complement
the entrance to Aspen by minimizing the structure as seen from the
south elevation.
A WRITTEN DESCRIPTION OF THE PROPOSAL AND AN EXPLANATION OF
HOW THE PROPOSED DEVELOPMENT COMPLIES WITH THE "NEIGHBORHOOD
CHARACTER GUIDELINES." ANY SPECIAL CONSIDERATION OR NEED FOR
THE INCREASE IN FAR SHOULD ALSO BE EXPLAINED.
RESPONSE: The proposal involves a two and one-half story structure
that has been "sunk" into the hillside in order to minimize its
7
impact from State Highway 82.
new structure will be located partially subgrade,
facade from State Highway 82 is perceived as a
story structure.
The mass and'scale of the design is "human"
Applicant has
materials) that
similar to the
envelope, it is
connectors, but
small module in
side. The design steps down in height and scale
adjacent structures. Given the site constraints, it
to locate floor area in a secondary structure.
The lot has been excavated and the
so that the main
one and one-half
because the
utilized architectural elements (entries, windows,
are of human scale. The scale of the design is
relevant neighborhood. With a narrow building
difficult to design a structure with modules and
the Applicant has a proposed design that has one
the center of the structure with wings to each
toward smaller
is not possible
The Applicant has
proposed a design in which the overall massing is consistent or
smaller than the other houses in the neighborhood. The scale of the
street elevation is as seen traditionally in the neighborhood.
Likewise, the entry is scaled as traditionally seen.
The gable roof form provides visual continuity along Cooper
avenue and is comprised of varied additive roof forms (shed
dormers) and cut away roof sections in other areas to provide
visual interest along cooper and Park avenues. There are no large
or long uninterrupted wall or roof surfaces.
The site has been designed with the entry oriented toward Park
Avenue. This primary facade has pedestrian scale and visual
interest and respects the setback and alignment patterns in the
neighborhood. The yard and entry is at street level and reflects
the original grid for the neighborhood. The site is designed with
low walls, hedges and a landscape screen/buffer from Highway 82.
The west end of the Property has been designed to maintain solar
access. The Applicant
including cedar shingle
timbers, and a stone basel
The architectural features are
inviting window and door detailing,
proposes to utilize native
roof, horizontal wood siding,
materials
heavy wood
"pedestrian friendly" with
traditional scale to trim
materials, and the primary entrance is clearly defined.
alley on the west side of the
The
alley
The garage is accessed from the
Property./ The garage uses small doors to minimize wall area.
driveway to the garage is minimal and also accesses from the
to the west. Likewise, the service area has been located to the
alley side of the Property.
A SITE/LANDSCAPE PLAN, FLOOR PLANS, ELEVATIONS, AN ACCURATE
REPRESENTATION OF MAJOR BUILDING MATERIALS, USING SAMPLES OR
PHOTOGRAPHS AND A DOCUMENTATION OF EXISTING NEIGHBORHOOD
CONTEXT THROUGH PHOTOGRAPHS OR STREET SCALE ELEVATIONS DRAWN
TO SCALE. PERSPECTIVE, BUILDING SECTIONS AND MODELS ARE
HELPFUL AND MAY BE REQUESTED BY THE COMMITTEE IN SOME
INSTANCES.
RESPONSE: The Plans attached hereto and the presentation to be
made at the hearing for the special review will include all of the
foregoing, except perspective, building sections and models.
plans show a very careful and thoughtful design that is
compliance with the Neighborhood Character Guidelines for
reasons set forth above.
These
in
the
10
V. VESTING OF RIGHTS
The'Applicant requests, pursuant to the City of Aspen Land Use
Code Section 6-207 that the Applicant's rights be vested.
D~crlpliooofUlCj/rojet:ffdevetopnl~ltbe lg i'~¢lc, sled [~ l ) l.4 ~,~l,t'fl,.~{ .It)
EXHIBIT I
The applicanl has bcen requited ell re.spaad to tile following items and provide lite following
Land Use Code Section Cnmmel~ls .
Referral Agencies
Public Hearing: ~--~ (no) '
[)ClX,Sit for Ibc Application Review:
Referral agency flat fee:s:
TC)TA L DEI'OSIT
(Additional hours ara uiiL~u"'al a rate uf .I;163lhr.)
To
5.
6.
7.
8.
9.
lO.
Apply Subnlil tile Following I.funnntlull:
Proof of nwucrsifip.
Signed {'ce agtcc:ucnL
A ~ ca's a,lC at ross anti telclllme ~llld~er in a letter signed by thc appii~ul
w ich a s ~ s a ~ ~he nan]e ,dd~s3 ami telc~hu~tb¢r uf lira ~p~tative.
'l'uta ( e xmi f~ r r~icw t,f Ibc apl,lication ~-
~ ct ~cs f hec~ ~ccaq)hcntion tackcta~timaps. .
Snmmary c er ex ?tai.i.e ll~c rcqu~t (exisling ~ndilimss and I?ro~s~ u~), including
slr~t att rc~ ~ cgal ( ~crip( t ~ uf Ihc ~o ~rty.
, ,,,
Site plan ~ball include pint.fly tmundan~, lot sl~. p ~ , ~ z
[~lur~ (dminageways. sl~,ns, rives, etc.)
l'h~c items n~ to be submitted il' circled:
a. List of adjacent pmlX:.'ty ownctm wilbin 3{YJ f~:i of thc ~ubjecl property with addr~.
c. Proof of legal access tu tile }ra?l. ~: .
d. H storic.Prc.scrvadun Commsss~on review/approval.
POlicy' of Title InSurance
- Issued By
22
New York TRW
Title Insurance Inc.
SUBJECT TO THE EXCLUSIONS FROM cOVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, NEW YORK TRW TITLE INSURANCE INC.,
a New York corporation, herein cailed, the Company, insures, as of Date of Policy shown in Schedule A, against
loss or damage, not exceeding the Amount of Insurance ststed in Schedule A, sustained or incurred by the insured
by reason of:
1. ~tle to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the.title;
3. Unmarketability of the title;
4. L~ck of a right of access to and from the land;
The company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but
only to the extent p{ovided in the Conditions and Stipulations.
New York TRW
Title Insurance Inc.
eec."e~,n/
SCHEDULE A-OWNER' S POLICY
PCT-8651C2
DATE OF POLICY
04/20/94 @ 11:55 A.M.
AMOUNT OF I~S~CE
$ 271,250.00
POLi~__IgLq~B~
0!12-222256
1. N~4E OF INSUF. ED:
BiCq PARTNERS LLC., A COLOR_~_D0 LIMITED LIABILITY COMPS-NY
2. T}~-~ ESTAT~ OR IIqT~-P-EST II~ Tb.-~-. LAbrD ~-----R~'~ A~ND ~.i~ IS COVEI~ED BY T!-.iIS POLICY. IS:
IN FEE SIMPLE
3. ~ ESTATE OR I~EREST REFER.RED TO ~P. EIlq IS AT DATE OF POLICY VESTED IN:
BK.R pA.RTNERS LLC., A COLOP~ADO LIMITED LiABiLiTY COMP-~-NY-
THE LAIRD REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
LOTS 17 AND 18, BI]0CK 6, RIVERSIDE ADDiTiON TO ASPEN.
PI_K_N, STATE OF COLOR-ADO
COUNTY OF
P!TKIN cOUNTY TITLE, INC.
601 E. HOPKINS AVE.
ASp~_/~, COLORADO 81611
(303) 925-1766
~OLiCYNUMBERSHOWNONTHIS SC!KEDULEMUST AG,REEWITHTHEPREPRINTEDNUMBERONTHE
COVER SHEET.
NUMBER
~CT- 8651C2
SC~ULE B-OWnERS
DATE OF POLICY
04/20/94 @ 1i:55 A.M.
POLICY NIZ~ ER
0112-222256
T~.-.iS POLiCY-DOES NOT INSURE AG~J/~ST LOSS OR DAMAGE BY~REASON oF TP-~ FOLLOWinG:
i. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the uubl~c records.
3. Discrepancies, ccnf!icts in bcu~.da~/ lines, skor=age in area, enchroachments,
any facts which a correct su~¢ey a~.d inspection of the premises would disclose
and which are not'shown by the public records.
4. Any lien, or right to a lien, for se~zices, labor, or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
5. Water rights, claims or title to water.
6. Taxes for the year !994 not yet due or payable.
ent---~ by the proprietor of
7. The premises hereby conveyed may be =~=' -
any vein or lode of quartz or other rock in place bearing gold,
silver, cinnabar, lead, tin, copper, or other valuable deposits,
for the purpose of extracting and removing the ore from such vein
or lode, should the same, or any part thereof, be found.to
penetrate, intersect, pass through, or dip into the m_n~ng grounc
or premises hereby granted, as rese-~ved in United States patent
recorded June 17, 1949 in Book 175 aU Page 246.
S. Deed of Trust from : BY=q Da~tners L.L.C., a Colorado Limited
- - Pitkin
Liability Company To the ~'¼]~ Trustee of the County of
For the use of : No~,~est Bank of Aspen, Namiona! Associauion
To secure : $203,000.00
Dated ' : AD~ 15 1994
Recorded : AD~4~ 20 ~99~ in Book 748
Reception No. : 369207
EXCEPTIONS £N-u~-~.BERED NO~ ARE HEREBY OMITTED.
at Page 120
PIT~J C~UNTY
G~Kgi?~.~a~N~Y DE~D
THIS DEED, made this ]~ day of April 1994, between MELVIN
B. GROVER, of the County of Los Angeles and State of California
("Grantor"), and BKRPART~S, L.A.C-, a colorado limited liability
company, whose legal address is 201 N. Mill Street, Aspen,
Colorado, of the County of Pitkin and State of Colorado. ("Grant-
ess" ) .
WITITESST. TH:
That ~h~ Grantor for 'and in consideration of the sum of TEN
AND NO/100 DOLT.ARS ($10.00), the receipt and sufficiency of which
is hereby acknowledged, hereby sells and conveys to the Grantees,
their heirs and assigns forever/the following real property in the
County of Pitkin and State of Colorado:
Lots 17 and 18, Block 6, Riverside Addition to Aspen,
~___ TOGETHER with all its appurtenances and warrants title to the
~-same SUBJECT TO A_ND EXCEPTING those items of record as follows:
1. Ail real estate taxes due in 1994 and payable in 1995.
The premises hereby conveyed may be entered by the
proprietor of any vein or lode of quartz or other rock in
place bearing gold, silver, cinnabar, lead, tin, copper,
or other valuable deposits, for the purPose of extracting
and removing the ore from such vein or lode, should the
same, or any part thereof, be found to penetrate,
intersect, pass through, or dip into the mining ground or
premises hereby granted, as reserved in U.S. Patent
recorded in Book 175 at Page 246.
IN WITNESS WHEREOF,
data set forth above.
STATE OF CALIFOP~NIA )
) ss.
COUNTY OF LOS ANGELES)
the Grantor has executed this deed on the
~pemon~ly ~oWn to me- OR - O prov~ t0 ~e on ~e basis of sa~s~=~ evidence
to be the person(s) whose n~e(s) is/are
subsc~bed to ~e wi~in in~me~ ~d ac-
S~&te of
~/ounty of
CAPACITY CLAIMED BY SIGNER
im, ama~e ~ ~ m~ on mm ~
~ INDIVIDUAL
~ CORPO~ O~CER(S)
~ AWORN~'IN'FACr
,LIFORNIA ALL-PURPOSE AC~(NOWLEDGMENT
mmmm OPTIONAL SECTION
~F~ ~ART~ERS LLC
706 WEST MAIN STREET
RS~EN, COLORADO 81611
EXHIBIT 3
Aepen/Pitkin Planning office
City Hall
130 South Galena, Third Floor
Aspen, Colorado 81611
Re: Authorization for Representation
Ladies and Gentlemen:
This letter will constitute the authorization for Bill Poss &
Associates, 605 E. Main Street, Aspen, Colorado 81611 (303) 925-
4755 to represent BKR Partenrs LLC, with respect to a Land Use
Application for Special Review and Conditional Use approvals and
all matters related thereto.
Very Truly Yours,
Bk~'artn~LLC
'B. Joee~uh Krabacher, Manager
kraOacner \t t rs\plann~ rig.3
Project Name:
2) Project Location:
3) Present Zoning: R-6
5) Applicant's Name, Address & Phone:
ATTACItMENT 1
LAND USE APPLICATION FORM
1 O0 Park Avenue
Lot 17 and 18, Riverside Addition, Aspen, Pit,fin County, Colorado
4) LotSize: 5,682s.f.
BKR Partners, LLC; 201 N. Mill Street, Ste. 201, Aspen, CO;
(303) 925-6300
6) Representative's Name, Address & Phone:
Bill Poss and Associates, 605 E. Main Street, Aspen,
CO; (303) 925-4755
7) Type of Application (please check all that apply):
s)
9)
Conditional Use
_ Conceptual SPA
X Special Review _ Final SPA
8040 Greenline
_ Stream Margin
_ Conceptual PUD
Final PUD
Mountain View Plan Subdivision
Condominiumization
_ Lot Split/Lot Line Adjustment
_ Text/Map Amendment
_ Conceptual Historic
Development
Final Historic
Development
Minor Historic
Development
_ Historic Designation
_ GMQS Allotment
_ GMQS Exemption
Description of Existing Uses (number and type of existing structures; approximate sq ft; number of
bedrooms; any previous approvals granted to the property): Site is vacant.
Description of Development Application:
neighborhood character guidelines.
10) Have you attached the following?
See application for special review compliance with
X Response to Attachment 2, Minimnm Submission Contents
X Response to Attachment 3, Specific Submission Contents
X Response to Attachment 4, Review Standards for your Application
X See attached.
APPLICANT:
ADDRESS:
ZONE DISTRICT:
LOT SIZE (SQUARE FEET~:
EXISTING FAR: /
ALLOWABLE FAR:
PROPOSED FAR:
EXISTING NET LEASABLE (commerciaJ):
PROPOSED NET LEASABLE (commercial):
EXISTING % OF SITE COVERAGE:
PROPOSED % OF SITE COVERAGE:
EXISTING % OF OPEN SPACE (Commerdai):
PROPOSED % OF OPEN SPACE (Cummer.):
EX]STING MAXIMUM HEIGHT:
PROPOSED MAXIMUM HEIGHT:
PROPOSED % OF DEMOUTION:
.BKR Partners, IIC
201 North Mill St., Suite 201, Aspen CO
R-6
5,682 s.f.
0.00
3151 s.f.
3130 s.f ....
0.00
35.6 %
Prindoal BId~.: 0.0 0 1 ~o~ BTdm
Pfindoal Bide.: 2 8 ' I ~:ces~orv Bide:
DNA
0.00
DNA
EXISTING NUMBER OF BEDROOMS:
PROPOSED NUMBER OF BEDROOMS:
EXISTING ON-SiTE PARKING SPACES:
ON-SITE PARKING SPACES REQUIRED:
0
4 (including ADU unit)
0
4
SETBACKS:
EXiSTiNG: __ ALLOWABLE: 10 ' PROPOSED: 10 ' -6"
Front: Front: Front:
Rear:. - - Rear:. 2 0 ' Re~ 2 0 '
Side: == Side: 5 ' / 6 -'v~'~n- Side: 5 ' - 6" / 8 '
Combined Front/Rear: -- Combined Frt/Rr: 30 ' Combined Front/Rear: 30 ' -6"
EXISTING NONCONFORMiTIES/
ENCROACHMENTS:
VARIATIONS REQUESTED ~'elieible [or Landmarks Only: character com~tfbilitv Ifndine must be made by HPC3:
FAR:
SETBACKS:
Minimum Dist~qce Between Buil(~ngs:
FronE
Re, ac
Side:
Combined Frt./Rr:
Pa,'~ng Spaces:
Open Space (CommerdaJ):
Height (Cottage Infill Only):
Site Coverage (Cottage Infitl Only):
605 EAST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE 303/9254 755
FACSIMILE 303/920-£950
APPLICATION FOR CONDITIONAL USE FOR ACCESSORY DWELLING UNIT
100 Park Avenue
Lots 17 and 18, Riverside Addition
Aspen, Pitkin County, Colorado
Applicant:
BKR Partners LLC
201 North Mill, Suite 201
Aspen, Colorado 81611
Represented by :
Bill Poss and Associates
605 East Main Street
Aspen, Colorado, 81611
(303) 925-4755
Contact: Keith Howie
TABLE OF CONTENTS
I. Description of Application .........................
II. Background of Property .............................
III. Minimum Submission Contents ........................
IV. Special Review: Compliance With Neighborhood
Character Guidelines ................................
V. Conditional Use - Accessory Dwelling Unit ...........
VI. Vesting of Rights ..................................
2.
3.
4.
5.
6.
7.
EXHIBITS
PreTApplication Conference Summary
Disclosure of Ownership and Title Insurance Policy
Permission to Represent
Land Use Application Form and Supplement
Vicinity Map
Survey
Proposed Site Plan and Elevations
I. DESCRIPTION OF APPLICATION
This'is a Land Use Application for 100 Park Avenue, also known
as Lots 17 and 18, Riverside Addition, city of Aspen, Pitkin
County, Colorado (the "Property"). This Land Use Application
requests review approval for conditional use for an accessory
dwelling unit.
II. BACKGROUND OF PROPERTY
The Property is a pre-existing non-conforming lot of record in
the R-6 Zone District. It is located on the corner of Park Avenue
and Highway 82 (Cooper Avenue). The Property is a difficult site
due to its narrowness. It was originally interpreted that the
building envelope on the Property was approximately 21 feet by 100
feet. As a result of the Applicant treating the Property as a
corner lot, the Building Enforcement official has determined that
the building envelope is approximately 35 feet by 85 feet, which is
still quite narrow.
The Property is vacant. The natural topography (original
grade) is slightly tilted as shown in the plans. The Applicant has
designed a single family residential structure for the Property.
The Applicant is proposing an accessory dwelling unit for the
Property, which requires conditional use approval.
4
III. ~INIMUM SUBMISSION CONTENTS
The Applicant's name, address and telephone number are BKR
Partners, LLC, 706 West Main Street, Aspen, Colorado 81611, (303)
925-6300. A letter authorizing Bill Poss and Associates to
represent the Applicant, together with the name, address and
telephone number of the representative are attached as Exhibit 3.
The street address and the legal address of the parcel upon which
the development is proposed to occur are 100 Park Avenue, Lot 17
and 18, Riverside Addition, City of Aspen, Pitkin County, Colorado.
The Disclosure of Ownership and Title Insurance Policy are
attached as Exhibit 2, which discloses ownership of the parcel.
The Land Use Application form and the supplement with detailed
information on FAR, site coverage, etc. is are attached as Exhibit
4. A vicinity map locating the parcel within the City of Aspen is
attached as exibit 5. A current survey of the parcel is attached as
Exhibit 6.
IV. CONDITIONAL USE: AC'CESSORY DWELLING UNIT
The Plans are attached hereto and include a sketch plan of the
site showing existing and proposed features which are rclevant to
the review of the conditional use application. In addition,
proposed and elevations and floor plans are included.
THE CONDITIONAL USE IS CONSISTENT WITH THE PURPOSES, GOALS,
AND 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
RESPONSE: The proposed conditional use is for an accessory
dwelling unit. The AACP has encouraged employee housing, and
Ordinance No. 1, Series of 1990, gives the Applicant the option to
construct an accessory dwelling unit, which is a conditional use in
the R-6 Zone District. This furthers the goals of the AACP.
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.
RESPONSE: The accessory dwelling unit has been carefully designed
and planned to be consistent and compatible with the parcel. The
access for the ADU is from the alley and the ADU is located above
grade. It is generously sized and has its own individual parking
spot. It is located away from snow-shedding roofs.
THE LOCATION, SIZE, DESIGN AND OPERATING CHARACTERISTICS OF
THE PROPOSED CONDITIONAL USE MINIMIZES AD%~RSE EFFECTS,
INCLUDING VISUAL IMPACTS, IMPACTS ON PEDESTRIAN AND VEHICULAR
CIRCULATION, PARKING, TRASH, SERVICE DELIVERY, NOISE,
VIBRATION AND ODOR ON SURROUNDING PROPERTIES
RESPONSE: As illustrated by the plans, the ADU has minimal visual
impact and virtually no impact on parking, trash, service delivery,
noise, vibrations or odor since it is incorporated within a
proposed single family residence.
THERE ARE ADEQUATE 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
RESPONSE:
will be served by City water, sewer,
protection are available as well as
hospital and medical services, and
The Property is located within the City of Aspen and
and septic. Police and fire
emergency medical services,
schools. Drainage will be
designed by an engineer to minimize adverse effects on historical
flows.
THE APPLICANT COMMITS TO SUPPLY AFFORD~BLE HOUSING TO MEET THE
INCREMENTAL NEED FOR INCREASED EMPLOYEES GENERATED BY THE
CONDITIONAL USE
RESPONSE: This standard is not applicable.
Applicant is supplying affordable housing
proposed ADU.
In any event, the
in the form of the
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
7
RESPONSE: The ADU is in compliance with the AACP and all other
applicab!,e requirements, as noted above.
VI. VESTING OF RIGHTS
The Applicant requests, pursuant to the City of Aspen Land Use
Code Section 6-207 that the Applicant's rights be vested.
'l%-Applicatiot~ Conference Summary
rmjec~
Applicant s Repr=o.attve
Repre.~'nlaiive'$ Phone
Planner Oaic
The applicant has bccn rcqu~tcd itt r=imnd in the following items and provide fl~c following
r~ports:, -' .
Laod Use Code Scetlo. Comments
Referral Age.ties
Public Hearing: (~ (no)
l)elXUit for Ihe ^pplic~lion Review:
llcfcrral ag~,:y rial fc~: /
TU'rA LDEI%)$1T /ed'
(Additional hourm are bil[~i'"at a rate of $16J/hrJ
Tn ^pply Submit lite Foilowi.g hffonlmllon:
{. Pruof of ownership.
2. Sig,cd fcc agrccmcnl.
3. A I ca s .an,e. addrc.u a,:d telephone m..ber in a letter signed by the applicant
whjdt alan slat= lhu name, pddr~s and tclc~llo~bcr uf ibc rcpr~lative.
4. *rulal dc msll lbr revimv .f the a
.5. ~ cup cs uf the croup cie nppi~cnl on pankdt and saps. .
6. Sununnry letter expiailfin~ {{lc rcqu:t (existing cunditio,s and pm~s~ u~), including
~trcc a{ rca~ d cgn ~crJ 1( hr{he )m~rty. .
7. A 8 /2' y 'vc yma~i~ling
8. Stir plan shall {,el,dc pml~rly bOm~d{ri~; Iol {i~ 'p~s~ acc~, and phy~i~l
rmtur= (dminageways. slr~ms, rivers, etc.}
tO.
These itenu ,teed to be sebn]itted if circled:
n. I.ist of ndjncunl {IrUl~--~t¥ ow~c~ within 3~ f~ of file ~bj~t pm~ay
b. ~[te photos.
d. Hutudc Pr=c~ai un Co fl {~ion rev'ew/appm~l.
Policy of Title Insurance
Issued By
0 112-22225.~
New York TRW
Title Insurance Inc.
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
· :;.~ ' IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, NEW YORK TRW TITLE INSURANCE INC.,
a New York corporation, herein called the Company, insures, as of Date of Polio/shown in Schedule A, against
loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured
by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land;
The company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but
only to the extent provided in the Conditions and S[ipulations.
New York TRW
Title Insurance Inc.
SCHEDULE A-OWNER'S POLICY
PCT-8651C2
DATE OF POLICY
04/20/94 ~ 11:55 A.M.
$ 27!,250.00
POLiCY brG/~%
0112-222256
1. NA~4E OF INSURED:
BK~ PAK_-~RS LLC., A COLOP-~-DO LIMITED Li~--nILi?f COMP_~_NY
2. T~ ESTATE OR ~.-NTE.R_EST IN ~---~- LA,ND F~'--~P~IN ~ND ~iCq IS CO~D BY ~IS POLiCf iS:
IN FEE SIMPLE
.-- ~ST~*- OR I~EREST ~P-~D TO ~IN IS AT DATE OF POLi~ ~STED IN:
B~q p_~qT~RS LLC., A COLO~O LIMITED LiA~ILi~ COMPAxN~
THE LAND R_EFE-~q-ED TO IN ~HIS POLICf IS DE$CP..I~EDAS FOLLOWS:
LOTS 17 AND 18, BLOCK 6, RIVERSIDE ADDiTiON TO ~3PEN.
PITKiN, STATE OF COLORADO.
COUNT~ OF
P!TKiN COUNTY TITLE, INC.
601 E. HOPKINS AVE.
ASP~, COLOR~O 81611
(303) 925-1766
~POLICYNUMBERSHOWNoNTHIS $c..~=~uULEMUST AGREE WiTH THEPREPRIITTEDNUMBERONT}~-
COVER SHEET.
SC~LEDULE B-OW~ERS
~ DATE OF POLIC"f POLICY
(~.~SE NUMBER 0~/20/94 @ 11:55 A.M. 01!2-222256
PCT-8651C2
~iS pOLICY DOES NOT INSI/RE A-GAINST LOSS OK DAMAGE BY-~qEASON OF~ FOLLOWING:
!. Richts or claims of ~arties in ~ossession not sho'~n by the public records.
- ' - ' =~e Dub!ic records.
_. ~- men=s, or claims of easements, not shown Dy -- _.
~.v facts which a correct su~ey an= ~nspe-~-u~ u= ~. . -.-
and which are not 'shown by the public recoras.
4. Any lien, or right to a lien, for se~zices, labor, or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
5. Wa=er rights, claims or title to water.
6. Taxes for the year 1994 not'yet due or payable.
7. The premises hereby conveyed may be entered by the proprietor of
any vein or lode of quartz or other rock in place bearing gold,
silver, cinnabar, lead, tin, copper, or other valuable deuosits,
for the purpose of extracting and removing the ore from such vein
or lode, should the same, or any part ~h=~= f be found to
penetrate, intersect, pass through, or dip i'nto the mining ground
or premises hereby granted, as rese~zed in United States Patent
recorded June 17, 1949 in Bock 175 at Page 246.
8. Deed of Trust from : BY~q partners L.L.C., a Colorado Limited
Liability Commany To the Public Trustee of the Count? cf Pi=kin
For the use of : Nc~,~est Bank of ~-_ ~ National A=socia=ich
TO secure
Dated
Recorded
~e~_D~_on No.
$203,000.00
Aori! 15 ~ aa
- ,~ & in Book 748 at Page 120
~D~ 20, ~9-
369207
AS.- HEREBY CMiTTED.
NIIM. BmR,D NONE ' ~
company,
colorado,
ees ~' ) .
PITy cOuNTY CL£~r~ '~" ......... ~'~
THIS DEED, made this ~ day of April 1994, between MELVI~
B. G~OV~R, of the County of Los Angeles and State of California
("Grantor"), and BKRPART~aS, L.L.C-, a Colorado limited liability
whose legal address is 201 N. Mill Street, Aspen,
of the County of Pitkin and State of Colorado ("Grant-
wITIT~SSETH:
That the Grantor for and in consideration of the sum of TEN
AND NO/100 DOLT,ARS ($10.00), the receipt and sufficiency of which
is hereby acknowledged, hereby sells and conveys to the Grantees,
their heirs and assigns forever,' the f?t. lowing real property in the
County of Pitkin and State 0.f Colorado.
Lots 17 and 18, Block 6, Riverside Addition to Aspen,
~- TOGETHER with all its appurtenances and warrants title to 'the
~same SUBJECT TO A~D EXCEPTING t_hose items of record as follows:
1. Ail real estate taxes due in 1994 and payable in 1995.
2. The premises hereby conveyed may be entered by the
proprietor of any vein or lode of quartz or other rock in
place bearing gold, silver, cinnabar, lead, tin, copper,
or other valuable deposits, for the purpose of extracting
and removing the ore from such vein or lode, should the
same, or any par~ t.hereof, be found to penetrate,
intersect, pass through, or dip into the mining ground or
· premises hereby granted, as rese-~"zed in U.S. Patent
recorded in Book 175 at Page 246.
IN WITNESS Wq{EREOF, the Grantor has executed this deed on the
date set forth above. ~./~.~_~~
~e~vin
STATE OF CALIFORNIA )
) SS.
cOUNTY OF LOS ANGELES)
. OWL~r~GMENT
~L~FORNIA AL]- PURPOSE AC:(N , .. ........ ~ .... ~ .... ~ - ·
~ OPTIONAL $E6110
~personally known to me - OR - ~ proved to ~e on ~e bas~s of sa~sf~oW evidence
to be the person(s) whose name(s) is/ere
subscribed to the wi~in inst~me~ ~d ac-
CAPACITY CLAIMED BY SIGNER
~u~ll st~ute does ~3t ~qu~ ~m ~ ~
Ii[I in ~e data below, tieing se may prave
INDIVIDUAL
CORPO~
~ ~E~(S) ~ UM~
~ A~ORN~-IN-FACT
~ ~USTEBfS)
706 WEST l~_~I~ ST-~E~T
ASPEn, COLORADO
Aspen/Pitkin Planning office
city Hall
130 South Galena, Third F!cor
Aspen, Colorado 81611
Re: Authorization for Representation
Ladies and Gentlemen:
This letter will constitute the authorization for Bill Poss &
Associates, 605 E. Main Street, Aspen, Colorado 81611 (303) 925-
4755 to represent BKR Partenrs LLC, with respect to a Land Use
Application for Special Review and conditional Use approvals and
all matters related thereto.
Very Truly Yours,
B~/9-artn__~r~z LLC
B. Joseph Krabacher, Manager
kra~acner \l ~rs\planni ng .3
3)
5)
Project Name:
Project Location:
ATTACHMENT 1
LAND USE APPLICATION FORM
EXHIBIT 4
BKR Partners, LLC, Special Review/Conditional Use
lO0 ParkAvenue (corner of Park and Cooper.) Lot ! 7 and 18, Riverside Addition,
Aspen, Pi&in Coun(y, Colorado
Present Zoning: R-6
Applicant's Name, Address & Phone:
6) Representative's Name, Address & Phone:
4) LotSize: 4r~,~,~.
BKR Partners, LLC; 201 N. Mill Street, Ste. 201, Aspen, CO;
(303) 925-6300
7)
Bill Poss andAssociates, 605 E. Main Street, Aspen,
CO; (303) 925-4755
Type of Application (please check all that apply):
X Conditional Use _ Conceptual SPA
_ Special Review
_ Final SPA
8040 Greenline
_ Conceptual PUD
_ Stream Margin
_ Mountain View Plan
- Condom/niumization
_ Lot Spl/t/Lot Line Adjustment
Final PUD
Subdivision
Text/Map Amendment
_ Conceptual Historic
Development
_ Final Historic
Development
_ Minor Historic
Development
_ Historic Designation
_ GMQS Allotment
_ GMQS Exemption
8)
Description of Existing Uses (number'and type of existing structures; approximate sq ft; number of
bedrooms; any previous approvals granted to the property): Vacant Lot
Description of Development Apphcafion: Special review for Conditional Use approval for ADU.
Have you attached the following?
X Response to Attachment 2, Minimum Submission Contents
_ X _ Response to Attachment 3, Specific Submission Contents
.. X Response to Attachment 4, Review Standards for your Application
X See attached exhibits.
APPLICANT:
ADDRESS:
ZONE OISTRICT:
LOT SIZE (SQUARE FEET):
EXISTING FAR: '
ALLOWABLE FAR:
PROPOSED FAR:
EXISTING NET LEASABLE (cammerdaJ):
PROPOSED NET LEASABLE (commercial):
EXISTING % OF SITE COVERAGE:
PROPOSED % OF SITE COVERAGE:
EXISTING % OF OPEN SPACE (Commercial):
PROPOSED % OF OPEN SPACE (commer.):
EXISTING MAXIMUM HEIGHT:
PROPOSED MAXIMUM HEIGHT:
PROPOSED % OF OF.~OLITICN:
/
.BKR Partners, LLC
201 North Mill St., Suite 201, Aspen CO
R-6
5,682 s.f. /'
0.00
3151 s.f.
3130 s.f.
0.00
35.6 %
pd.~l Bld~.: O. 00 ! N~ssow BId~: 0.00
pdndoalBldo.: 28 ' IAccesso~BId~: DNA
DNA
EXISTING NUMBER OF BEDROOMS:
PROPOSED NUMBER OF BEDROOMS:
EXISTING ON-SITE PARKING SPACES:
ON-SITE PARKING SPACES REQUIRED:
0
4 (including ADU unit)
0
4
SETBACKS: PROPOSED: -6"
EXISTING: __ ALLOWABLE: 1 0 ' 10 '
Front: Front: Front:
Rear:. -- Rea~. 20 ' Rear:. 20 '
Side: == Side: 5 '/6"r~'~'~ Side: 5 ' -6"/8 '
Combined Front/Rear: -- Combined FWRr: 30 ' Combined Front/Rean 30 ' -6"
EXISTING NONCONFORMITIES/
ENCROACHMENTS:
VARIATIONS REQUESTED ~'eliaible for Landmarks Only: character com~tibititv tindina must be made bv HPC):
FAR:
SETBACKS:
Minimum Distance Between
Rea~.
Side:
Combined FrL/Rr:
parking Spaces:
Open Space (Comme~da):
Height (Co.ge Infill Only):
Site Coverage (Cottage Infill Only):
V'
c
.J
:1
I I
1
/