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Home My WebLink Aboutagenda.apz.19940517A G E N D A ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING May 17, 1994, Tuesday 4:30 P.M. 2nd Floor Meeting Room City Hall I. COMMENTS Commissioners Planning Staff Public II. MINUTES III. PUBLIC HEARINGS A. Creektree Subdivision/PUD Amendment, Mary Lackner (to be continued to June 7) B. Volk Conditional Use Review for an Accessory Dwelling Unit, Mary Lackner C. Molly Gibson Condos Conditional Use Review for an Accessory Dwelling Unit, Mary Lackner IV. ADJOURN MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Suzanne Wolff, Administrative Assistant RE: Upcoming Agendas DATE: May 17, 1994 Special Meeting - June 2, 4:30 PH Moore Referral (KJ) Highlands Referral Re -Review (LL) Council Work Session - June 6, 5-7 PH Transportation Implementation Plan Update - the Commission is invited to attend Regular Meeting - June 7 939 East Cooper - Landmark Designation (AA) Takah Sushi Special Review (LL) Poppies Bistro Cafe Rezoning - PH (ML) Austin Conditional Use Review for ADU (KJ) Creektree Subdivision/PUD Amendment (ML) (continued from 5/17) Independence Place (LL) (to be continued to ?) Special Meeting - June 14, 4:00 PH (tentative) (with County P&Z) Affordable Housing - Metro -wide Regulations Regular Meeting - June 21 Krabacher GMQS Exemptions & Special Review (KJ) Red House Conditional Use Review for Duplex (LL) 204 E. Durant GMQS Exemption (ML) Special Meeting - June 28, 4:00 PH (tentative) (with County P&Z) Affordable Housing - Metro -wide Regulations a. nex AFFIDAVIT OF PUBLIC NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL (Pursuant to Section 6-205.E. of the Land Use Regulations) STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The undersigned, being f irst duly sworn, deposes and says as follows: I, SUNNY VANN, being or representing an Applicant before the City of Aspen, personally certify that Public Notice of the application for conditional use approval for an accessory dwelling unit for the proposed Volk residence which is to be constructed on Lot 2 of the Volk Lot Split Subdivision (aka, 730 Bay Street) was given by 1) posting of notice containing the information required in Section 6-205.E.2., which posting occurred on May 7, 1994, in a conspicuous place on the subject property and that the said sign was posted and visible continuously from that date, and 2) mailing Notice of said development application to all property owners within three hundred (300) feet of t subject property, which mailing occurred on May 6, 1994. Applicant: 0 The foregoing Affidavit of Public Notice was acknowledged and signed before me this IA4 day of May, 1994, by Sunny Vann on behalf of RICHARD VOLK. WITNESS my hand and official seal. My commission expires: My Commission expires 9/27/96 r :w� I, �, " ter, N tary Publ1 PUBLIC NOTICE RE: VOLK CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 17, 1994 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd Floor Meeting Room, City Hall, 130 S. Galena, Aspen to consider an application submitted by Richard Volk, 730 Bay Street, Aspen, CO, requesting approval of a Conditional Use Review for an approximately 528 square foot accessory dwelling unit above the proposed single family residence's attached garage. The property is located at 730 Bay Street; Lot 2, Volk Lot Split. For further information, contact Mary Lackner at the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5106. s1Bruce Kerr, chairman Planning and Zoning Commission Iv...Icent J. Higens President PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, 3RD FLOOR ASPEN, COLORADO 81611 303-925-1766 : 303-925-6527 FAX 3001 OWNER'S LIST Christina Davis Vice President Pitkin County Title, ;Inc., a duly licensed Title Insurance Agent in the State of Colorado, hereby certifies the following list is a current list of property owner's within three hundred feet of LOT 2, VOLK LOT SPLIT as obtained from the most current Pitkin County Assessors Tax Rolls, and updated to May 1, 1994. NAMES AND ADDRESSES TAX SCHEDULE NUMBER -------------------------------------------------------------------------- PLEASE REFER TO LIST ATTACHED HERETO AND MADE A PART HEREOF It * a ANN MARSHALL 2737-073-49-001 P.O. BOX 10894 ASPEN CO 81612 CANDICE MARIE FORDE 2737-074-90-210 210 COTTONWOOD LANE ASPEN CO 81611 CHARLES M. KELLY 2737-074-90-208 DEBORA DYKES 208 COTTONWOODS LANE ASPEN CO E 81611 CHRISTOPHER KING 2737-074-90-106 DONNA CLOUATRE-KING P.O. BOX 3065 ASPEN CO E I 81612 I CLURIE W. BENNIS 2737-073-00-045 P.O. BOX 4618 ASPEN CO 81612 CONSTANCE ANN RAPP 2737-074-90-114 P.O. BOX 2270 ASPEN CO 81612 DAVID CROUCH 2737-074-90-101 101 MAPLE LANE ASPEN CO 81611 DAVID N. DANFORTH 2737-074-90-111 P.O. BOX 1863 ASPEN CO 81612 DENICE C. REICH 2737-073-10-001 325 ASH DENVER CO 80220 DENNIS PAUL JUNG 2737-074-90-109 P.O. BOX 8351 ASPEN CO 81612 DENNIS YOUNG 2737-073-08-002 ANDREA YOUNG P.O. BOX 133 ASPEN CO 81612 DOUGLAS DRISKELL 2737-074-90-200 200 COTTONWOOD LANE ASPEN CO i 81611 [E[t t' DOUGLAS P. ALLEN 2737-073-00-011 225 NORTH MILL ST., STE. 210 ASPEN CO 81611 DOUGLAS SHEFFER 2737-073-00-051 BARBARA SHEFFER P.O. BOX 250 ASPEN CO 81612 EDWARD R. CARROLL 2737-074-90-108 P.O. BOX 969 LEADVILLE CO 80461 EDWIN C. VARE 2737-073-49-002 DARLENE DE SEDLE VARE 22 WILDROSE AVE. GUILFORD CT 06437 EUGENE SEYMOUR, TRUSTEE 2737-073-73-001 JUDITH SEYMOUR, TRUSTEE 1465 MONACO DR. PACIFIC PALISAD CA 90272 GAIL M. GROSS 2737-073-11-001 2700 POST OAK BLVD. #1670 HOUSTON TX 77056 HOWARD L. HANSON 2737-073-11-002 EILEEN R. HANSON P.O. BOX 1690 ASPEN CO 81612 HOWARD MAYER 2737-073-07-001 PAULINE MAYER P.O. BOX '333 ASPEN CO 81612 KEN OAKES 204 COTTONWOOD LANE ASPEN CO 81611 LAURIA J. BROOKS ROBERT M. COX 112 MAPLE LANE ASPEN CO 81611 LEE MILLER 4909 S. ALBION ST. LITTLETON CO 80121 MARIO J. STROBL P.O. BOX 9774 ASPEN CO 81612 MARY BETH MESEROLE 202 COTTOWOOD LANE ASPEN CO 81611 NELIGH C. COATES, JR. C/O COATES, REID & WALDRON 720 E. HYMAN ASPEN CO 81611 NICK & SARAH LEBBY C/O LA COCINA, INC. P.O. BOX 4010 ASPEN CO 81612 PHILLIP LE BOUTILLIER KENT WATTS LEBOUTILLIER 113 MAPLE LANE ASPEN CO 81611 RALPH U. WHIPPLE LYNNE C. WHIPPLE 413 VINE ST. ASPEN CO 81611 REMO LAVAGNINI P.O. BOX 532 ASPEN CO 81612 2737-074-90-204 2737-074-90-112 2737-074-90-206 2737-074-90-110 2737-074-90-202 2737-073-50-001 2737-074-90-107 2737-074-90-113 2737-073-00-034 2737-073-11-005 RICHARD W. VOLK TRUST 2737-073-10-004 C/O FLEISHER COMPANY 200 E. MAIN ST. ASPEN CO 81611 RUTH N. BROWN 2737-073-08-001 420 NORTH SPRING ASPEN CO 81611 STANLEY E. LAURISKI 2737-073-00-031 ROSE M. SAURISKI P.O. BOX 803 ASPEN CO 81612 STEVE GONZALES 2737-074-90-105 CARLOS GONZALES 105 MAPLE LANE ASPEN CO 81611 WILLIAM E. TUITE 2737-074-90-212 212 COTTONWOOD LANE ASPEN CO 81611 WILLIAM EMDE 2737-073-10-002 $#11 PINE BRIAR CIRCLE HOUSTON TX 77056 MEMORANDUM TO: Planning and Zoning Commission FROM: Mary Lackner, Planner RE: Volk Conditional Use for an Attached Accessory Dwelling Unit - Public Hearing DATE: May 17, 1994 SUMMARY: The Planning Office recommends approval of the Volk Conditional Use for an approximately 525 sq.ft. attached accessory dwelling unit with conditions. APPLICANT: Richard W. Volk, represented by Sunny Vann. LOCATION: Lot 2, Volk Lot Split, 730 Bay Street. ZONING: R-30 Low -Density Residential. APPLICANT'S REQUEST: The applicant requests Conditional Use approval to build an accessory dwelling unit within a new residence pursuant to the accessory dwelling unit housing mitigation requirement from the Volk Lot Split approval. The site is currently vacant. The one bedroom accessory dwelling unit will be approximately 525 sq.ft. and will be located above the attached garage. Please refer to application information, Exhibit "A". REFERRAL COMMENTS: Comments from the Engineering Department are included as Exhibit "B" and Housing Authority comments Exhibit "C" , which are attached to this memorandum. STAFF COMMENTS: The Commission has the authority to review and approve development applications for conditional uses pursuant to the standards of Section 7-304: 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 Response: The proposed dwelling unit has the potential to house local employees, which is in compliance with the Aspen Area Community Plan and the underlying 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; and Response: The accessory dwelling unit is compatible with the character of the surrounding neighborhood, which consists of low density single family residences. The unit will not be visible as a distinct unit from the exterior of the residence or garage. 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 Response: The accessory dwelling unit will be completely contained within the proposed residence. Two parking spaces are provided on - site within a garage. No parking is required to be provided for the one bedroom accessory dwelling unit. Since there is no street parking in this neighborhood, staff recommends that an on -site parking space be provided for this unit. The proposed ADU will have an exterior stairway which will access the entrance. City Engineer, Chuck Roth has indicated that the applicant will need to comply with specific requirements at the time a building permit is applied for. The comments mentioned by Mr. Roth have been made conditions of approval. As per past P&Z concerns, a recommended condition of approval requires that the unit be identified on building permit plans as a separate dwelling unit requiring compliance with U.B.C. Chapter 35 for sound attenuation. The applicant has proposed a roof design that will shed snow away from the ADUIs entrance. No significant impacts are anticipated. 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 Response: All public utilities are adequate and in place throughout the neighborhood and for the proposed residence and ADU. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Response: The proposed ADU will satisfy the requirements of providing an accessory dwelling unit in conjunction with. the Volk Lot Split approval. The applicant must file the appropriate deed restrictions for resident occupancy, including a six month minimum lease. Proof of recordation must be forwarded to the Planning Office prior to issuance of any building permits. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Community Plan and 2 1-- by all other applicable requirements of this chapter. Response: This use complies with the Aspen Area Comprehensive Plan and all other applicable conditional use standards. NOTE: As this accessory dwelling unit is 100% above grade, the development is eligible for a floor area bonus per Ordinance 1. STAFF RECOMMENDATION: Planning staff recommends approval of the Volk Conditional Use for a 525 sq.ft. one bedroom accessory dwelling unit subject to the following conditions: 1. The owner shall submit appropriate deed restrictions to the Aspen/Pitkin County Housing Authority for approval. The accessory dwelling unit shall be deed restricted to resident occupancy with a minimum six month lease. Upon approval by the Housing Authority, 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 accessory dwelling unit 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. 4. During building permit plan review, the Zoning Enforcement Officer shall make the final determination that the unit meets the minimum size requirement of 300 sq.ft. net liveable as defined in the Housing Authority Guidelines. The accessory dwelling unit cannot be less than 300 sq.ft. 5. The applicant shall comply with the recommendations made by the Engineering Department in the referral memorandum dated April 29, 1994, prior to issuance of a building permit. 6. 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 Conditional Use for a. 525 sq.ft. attached accessory dwelling unit for the Lot 2 of the Volk Lot Split at 730 Bay Street with the conditions recommended in the Planning Office memo dated May 17, 1994." Exhibits: "A" - Application Information 3 11 "B" - Engineering referral memo "C" - Housing referral memo a Exhibit A VAN N ASSOCIATES Planning Consultants April 1, 1994 HAND DELIVERED Ms. Leslie Lamont Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Volk Conditional Use Review Dear Leslie: Please consider this letter an application for conditional use review for an accessory dwelling unit (see Pre -Application Conference Summary attached hereto as Exhibit 1). The unit will be located within a new single-family residence which is to be constructed at 730 Bay Street in the City of Aspen. A growth management quota system (GMQS) exemption for the proposed unit is also requested. The application is submitted by Richard W. Volk, the owner of the property (see Exhibit 2, Special Warranty Deed). Permission for Vann Associates to represent the Applicant is attached as Exhibit 3. Project Site The Applicant's property is described as Lot 2 of the Volk Lot Split (see accompanying Amended and Restated Final Plat of Volk Lot Split). The lot is zoned R-30, Low - Density Residential, mandatory Planned Unit Development, and contains approximately thirty-seven thousand (37,000) square feet of land area. The lot's topography consists of a large flat bench with an area of steeply sloping hillside located in the northeast corner of the property. Natural vegetation consists of various shrubs and field grasses and several mature cottonwoods which are located on the fringes of the lot. Existing utility service to the property includes water, sewer, natural gas, electric and telephone. Background The Volk Lot Split was approved by the City Council on June 26, 1989. Vested rights status was granted to the project via Ordinance No. 43 on August 14, 1989. The specific Council approvals included subdivision, planned unit development, and a GMQS exemption. Stream margin review approval was granted by the Planning and Zoning Commission on May 30, 1989. The Planning Office's case summary outlines the various conditions of the approvals and is attached as Exhibit 4. 230 East Hopk;ns Avenue - Aspen. Colorado 81611-303/925-6958 - Fax 303;1920-9310 Ms. Leslie Lamont April 1, 1994 Page 2 An insubstantial amendment to the Volk Lot Split final plat was approved by the Planning Director on September 26, 1991 (see Exhibit 5). The purpose of the amendment was to revise the access to the two lots and to modify the previously approved building envelopes. Lot 2's revised building envelope is depicted on the Amended and Restated Final Plat which accompanies this application. Proposed Development Pursuant to Section 7-1003.A.2.b. of the Aspen Land Use Regulations, an accessory dwelling unit must be provided in connection with the development of Lot 2. This requirement is memorialized as condition #13.a. of the City Council's June 26, 1989, lot split approval. To meet this requirement, the Applicant proposes to incorporate an accessory dwelling unit within the new single-family structure which is to be constructed on the property. As the accompanying architectural drawings illustrate, the proposed accessory dwelling unit will be located above the new residence's attached garage. The one (1) bedroom, one (1) bath unit will contain five hundred and twenty-eight (528) square feet of net livable area. Access to the unit will be limited to an exterior stair which is to be located on the north side of the garage. A large deck will be provided adjacent to the entry to enhance the unit's livability. A second deck will be located above the garage entrance and accessed from the unit's living area. While no parking is specifically required for the proposed unit, adequate area exists at the rear of the residence to accommodate a tenant's vehicle in the event required. Review Requirements The proposed accessory dwelling unit is subject to the receipt of conditional use approval and an exemption from the City's growth management quota system. The unit must also comply with the accessory dwelling unit provisions of the Land Use Regulations and the dimensional requirements of the underlying zone district. Each of these review requirements is discussed below. 1. Conditional Use Review An accessory dwelling unit is a conditional use in the R-30 zone district. As a result, such units are subject to the review and approval of the Planning and Zoning Commission. The specific review criteria for conditional uses are contained in Section 7-304 of the Regulations. The proposed unit's compliance with these criteria is summarized as follows. 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." Ms. Leslie Lamont April 1, 1994 Page 3 The proposed accessory dwelling unit has been designed to comply with the requirements of Section 5-508.A. of the Regulations. The unit will contain five hundred and twenty-eight (528) square feet of net livable area, is located within the proposed single-family structure, and will be deed restricted pursuant to the Housing Authority's "Resident Occupancy" guidelines. The proposed accessory unit is consistent with the purpose of the R-30 zone district and with the City's policy of encouraging the development of such units in its residential neighborhoods. 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 vicinity of the parcel proposed for development." The area immediately surrounding the project site is devoted entirely to residential use. The inclusion of an accessory dwelling unit within the proposed single- family residence is a desirable compliment to free market residential development and, as discussed above, consistent with current community goals and objectives. 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." The inclusion of an accessory dwelling unit within the proposed single- family residence will have no adverse effect upon surrounding properties. As the accessory unit will be located above the residence's garage, no additional visual impact will occur. The proposed residence and accessory dwelling unit will appear as a single- family structure. Parking for the unit can be provided on -site if necessary, and no signifi- cant impact is anticipated on the existing road system. 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." All utilities and the public road system are adequate to serve the proposed conditional use. Given the limited nature of the use, no adverse impact on such public facilities as hospitals, schools, etc. is anticipated. e) "The Applicants commit to supply affordable housing to meet the incremental need for increased employees generated by the condition use." As the conditional use in question is an accessory dwelling unit, this review criteria does not apply. Ms. Leslie Lamont April 1, 1994 Page 4 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." As discussed under criteria #1 above, the proposed conditional use is consistent with the Aspen Area Comprehensive Plan, the purpose of the underlying zone district, and the specific standards which govern such uses. The structure in which the accessory use is located has been designed in compliance with all applicable dimensional requirements of the R-30 Zone District. The Applicant is aware of no other standards or review requirements which pertain to the development of the proposed unit. 2. Growth Management Quota System Exemption Pursuant to Section 8-104.B.1.d., the Planning and Zoning Commission may exempt from the City's GMQS regulations one (1) accessory dwelling unit located on a parcel containing a single-family structure. As there are no specific exemption review criteria, compliance with the accessory dwelling unit provisions of Section 5-508.A., and the receipt of conditional use approval, should be sufficient to warrant approval of the requested GMQS exemption. Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, VANN ISSOCIATES unny VaV, AICP SV:cwV Attachments cc: Richard W. Volk c:\bus\city.app\app24894, CU a CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PROJECT:�v� � �nL APPLICANT IS REPRESENTATIVE: c::j U r1 Y V a /�Z/ EXHIBIT 1 REPRESENTATIVE'S PHONE: OWNER'S NAME: S Y 1. Type of Application. a, 0 2. Describ ction/type of development eing requested: 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Accent Comments Water Dept. contact for tap fee requirements - 4. Review i (P&Z Only (CC Only) (P&Z then to CC) 5. Public Hearing- (YES)_ (NO) 6. Number of copies of the application to be submitted: 7. What fee was applicant requested to submit: r 8. Payment form Attached for signature: (YES�� r 9. Anticipated date of submission: 10. COMMENTS/UNIQUE CONCERNS: frm.pre_app ok #324975 OE/03/90 15:49 Rec s5.00 Bl,: 626 PG 527 �tiec No Silvia Davis Ritl•in Cnty Clerk Doc $.00 ded at o'clock M.. __ -- -- ' Recorded ;EXHIBIT 2 v 8 i SPECIAL WARRANTY DEED W C4 1 "'Oti co THIS DEED, Made this 3rd day of August . 19 90 '¢ o a •between Richard W. Volk, Trustee UTA dated o a I March 10, 1984 H4 E-W ( of the 'County of Pitkin and State of U W A! Colorado, grantor(9 and Richard W. Volk and Sue J. Volk I whose legal address is 5847 San Felipe, Suite 3600, Houston, Texas 77057 � i t ,,f �h,�f �•,� �,! r,rt tr �t 6�yin �7",grantees: [-� O WITNESS, that the grantorm, for and in consTen Dollars ($10 . 0 0) and ideration of the sum of •W Z ;1 other good and valuable considerations ��. receipt and sufficiency of which is hereby acknowledged, ha S granted, bargained, sold and conveyed, and by these presents J Ze S grant, bargain, salt, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but C) oa ! in joint tenancy, all the real property together with improvements, if any, situate, lying and being in the '�! wW County of Pitkin and State of Colorado, described as follows: Lot 2, Volk Lot Split, according to the Plat thereof recorded August 14, 1969 in ?C td W Plat Book 23 at page 24 of the Pitkin County, Colorado real property records :I! I o = TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantwA either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances: TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. The grantor(34, for him self , his heirs, personal representatives, successors and assigns does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor except and Subject to all matters* 1N WITNESS WHEREOF the grantor(g ha S executed this de n thf dite set fort ve. Richard. Volk Trustee UTA dated March 10, 1984 < FJ Ln N 0 tJ n ro Ln ' STATE OF COLORADO ss. �I County of Pitkin i The foregoing instrument was acknowledged before me this � . day of August , 19 90 , byRichard W. Volk, Trustee UTA dated March 10, 1984. a !' My commission expires Zf , 19 jay. Witness my hand and official seal, - p ;• rJ\ L *contained in the Subdivision Improvements Agreement recorded �? in Book 599 at page 422, and all mattersYPVwK set forth on the Plat recorded in Plat No. SLS. Rev. ". SPECIAL WARRANTY DEED OO Jdr UUNUU) brodlotd wbtttnint, 5625 W. 6th Ave„ Wewood, CO 90214 — (303) 233fi9M 8-96 co co t, \O EXHIBIT 3 March 24, 1994 HAND DELIVERED Ms. Leslie Lamont Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Lamont: Please consider this letter authorization for Sunny Vann of Vann Associates, Planning Consultants, to represent me in the processing of my application for conditional use approval for an accessory dwelling unit which is to be located in my new residence on Bay Street in the City of Aspen. Mr. Vann is hereby authorized to act on my behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Sincerely, Richard W. Volk 2807 Bannel Lane Houston, TX 77098 (713) 522-1945 SV:cwv c:\bus\city.ltr\1tr24894,111 EXHIBIT 4 CASE SUMMARY August 15, 1989 Planner: Leslie Lamont Aspen Planning and Zoning commission May 30, 1989: Approved the conceptual PUD plan, stream margin review, and consented to a two step consolidated review process for the Volk Lot Split with the following conditions: 1. Prior to issuance of a individual building permit for Lot 1, covenants to be approved by the Engineering Department, shall be submitted with the final plat to ensure that the lowest floor of all structures are located a minimum of 2 feet above the base flood elevation, and that foundations are engineered to prevent flotation, collapse or lateral movement. 2. Prior to issuance of a building permit, the development on Lot 1 shall be required to have a foundation or basement constructed to comply with the current FEMA regulations and to the approval of the Engineering Department. ASPEN CITY COUNCIL JUNE 26, 1989: The Council approved the consolidation, GMQS exemption, Lot split/Subdivision, and Final PUD review for the Volk property with the following conditions: 1. Prior to submittal of the final of right of way easements, 24 feet along Spring Street, shall be shown. plat, the reserved dedication along Bay Street and 20 feet 2. If a special improvement district is formed the applicant is required to join for the improvement of the width of Spring Street in the entire Oklahoma Flats Addition. 3. The side yard setback, on the west side of Lot 2, shall be doubled. 4. Every attempt should be made to preserve the trees on Lot 1. A thorough landscape plan is required, before a building permit, demonstrating how development will mitigate the removal of the mature vegetation on site. 5. A tree removal permit, pursuant to 13-76 of the Municipal Code, is necessary for the removal of any tree with a 611 or greater caliper. The following are other conditions that pertain to final PUD in addition to those approved by the Planning and Zoning Commission: 14 6. Prior to the issuance of a CO the dwellings shall have complied with stove and fireplace regulations and will have to obtain a permit for any stoves or fireplaces from the Environmental Health Department. Any fireplaces must have gas logs. 7. Prior to a building permit: the owner will determine whether asbestos is present and will have to contact the Colorado Health Department Air Pollution Control Division to find out what air pollution permits, if any are needed; and measures such as watering of disturbed dirt and prevention of mud -carryout onto city streets will be required, techniques to be approved by the Environmental Health Department. 8. During construction, owners will have to comply with the City of Aspen's noise ordinance, which sets lower limits for noise between 10 pm and 7 am. 9. Prior to the issuance of a CO, a separate service line for each residence is required subject to the approval of the Sanitation District. 10. Before the service lines are covered an inspection by the Sanitation District is required as groundwater and infiltration into the service lines can be a serious problem in this area. 11. Sewer connection fees must be paid prior to connection. 12. Prior to the issuance of a building permit, for both lots, a detailed stormwater drainage plan will be submitted. 13. A final plat shall be filed prior to the issuance of a building permit for either lot and shall include: a. covenants that future purchasers and builders provide an accessory dwelling unit per single family home; and b. an indication that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to Article 7 and growth management allocation pursuant to Article 8. 14. Council urges the applicant to make every attempt to preserve the existing structure on Lot 1, and have discussions about incentives we might work with, like tap fee waivers or whatever. ASPEN CITY COUNCIL JULY 51 1989: The Council unanimously approved on first reading Ordinance 43. Ordinance 43 establishes vested rights for the Volk Lot Split. 15 ASPEN CITY COUNCIL AUGUST 14, 1989: The Council unanimously approved ordinance 43 (Series 89) on Second Reading establishing vested rights for the Volk Lot Split. 16 EXHIBIT 5 TO: Bill Drueding, Zoning FROM: Leslie Lamont, Planner DATE: September 26, 1991 RE: Insubstantial Amendment to the Volk Lot Split Plat SU HARY: The applicant seeks to amend the Volk Lot Split Final Plan for lots 1 and 2 Volk Lot Split to revise the approved access easement, building envelopes, and Spring Street right-of-way dedication. APPLICANT: Richard Volk and Eugene Seymour as represented by Sunny Vann LOCATION: Lots 1 & 2, Volk Lot Split, Oklahoma Flats ZONING: R-301 PUD PROPOSAL: The Volk Lot Split was approved by City Council in 1989. The final plat included a 30 foot access and utility easement across the rear of Lot 1. A 20 foot area of Lot 1 adjacent to Spring Street and a 24 foot area adjacent to Bay Street were dedicated to the City for future roads improvements to widen the existing streets: Although not required for a Lot Split the applicant identified specific building envelopes for each lot. A single family residence and detached accessory dwelling unit was recently built north of Lot 1. The home owners, the Hamiltons, received permission to from the City to improve a portion of the Francis Street public right-of-way for access to their home. The right -or -way is unimproved with the exception of the Hamilton's driveway. With that improvement Mr. Volk and Mr. Seymour now wish to utilize the partially improved Francis Street right-of-way for access to Lots 1 and 2 of the Volk Lot Split. Use of Francis Street would enable the elimination of the access easement with the exception of a small portion that will be retained to avoid cutting down several large cottonwoods that serve as a visual buffer between the Hamiltons and Lot 2-of the Volk Lot Split. REFERRAL COMMENTS: Having reviewed the above and made a site visit, the Engineering Department has the following comments: 1. We have no problem with a reduction in size of the access easement to Lot 2. However, width and length dimensions -for the different width segments of the easement need to be shown on the plat. Francis Street right-of-way needs to be shown and given a width dimension so it can be shown that the total width of this right-of-way and easement combined will equal at least 20 feet. 2. The proposed revisions to building envelopes on Lots 1 and 2 are acceptable also. 3. The 5 foot encroachment into the reserved Spring Street right- of-way needs to be shown on the plat. The existing improvements need to be shown on the plat, however. The applicant needs to understand that at any time in the future that the City needs to utilize this right-of-way dedication reservation, he will have either get a licence for or move this encroachment. 4. Bay Street needs to be given a width dimension and the end of the right -of -way needs to be shown if it ends at or before the end of Lot 2. 5. Construction in public right-of-way requires a separate permit from a building permit. This permit is issued by the Streets Department. For approvals of design details in the public right- of-way, contact the Engineering Department. 6. A blueprint of the plat needs to be submitted to the Engineering Department for approval before the final plat is submitted. STAFF REVIEW: Pursuant to Section 24-7-1006, an insubstantial amendment to an approved plat may be authorized by the Planning Director provided it is a minor change to a plat which the Planning Director f inds.has no effect on the conditions and representation limiting the approved plat. Pursuant to Section 24-7-908 A., an insubstantial amendment to an approved planned unit development may also be approved by the Planning Director. These two parcels have a mandatory PUD overlay and the original lot split application was also considered within a minor PUD context. FINDINGS: The adjustment to the easement .is being requested in order to utilize the new Francis Street right-of-way. But as requested, by the Engineering Department, the total width for access will remain 20 feet. Although an access easement is deducted for floor area purposes from buildable lot area use of Francis Street will negate that deduction thus more lot area, for floor area purposes, is available for Lot 1. However the total floor area will not exceed the allowable floor area for the R-30 Zone District. The adjustment to the Lot 1 building envelope is .necessary because the existing single-family home is being preserved for accessory dwelling unit purposes. The plat shall be amended to illustrate the 5 foot encroachment of the existing home into the dedicated public right-of-way easement. The easement was granted during the lot split review and was requested for the occasion that the street would ever need to be improved. If for some reason the City needs 2 to use the easement the property owner would need to move the encroachment or obtain an encroachment licence. Setback variations available with a PUD review were employed for establishing the building envelop of Lot 2. Amending the building envelope for Lot 2 does not compromise the original approval for that particular building envelope. RECONNENDATION: Staff recommends approval of the insubstantial plat amendment for Lots 1 & 2 Volk Lot Split, Oklahoma Flats, Aspen with the following conditions: 1) Prior to recording the amended subdivision plat in the office of the Pitkin County clerk and recorder, the Engineering Department shall review and approve the plat; and 2) The plat shall be recorded within 180 days of approval by the Planning Director and Engineering Department. 3) However, width and length dimensions for the different width segments of the easement (on Lot 1) need to be shown on the plat. Francis Street right-of-way needs to be shown and given a width dimension so it can be shown that the total width of this right- of-way and easement combined will equal at least 20 feet. 4) The 5 foot encroachment into the reserved Spring Street right- of-way needs to be shown on the plat. The existing improvements need to be shown on the plat, however. The applicant needs to understand that .at any time in the future that the City needs to utilize this right-of-way dedication reservation, he will have either get a licence for or move this encroachment. 5) Bay Street needs to be given a width dimension and the end of the right-of-way needs to be shown if it ends at or before the end of Lot 2. 6) Construction in public right-of-way requires a separate permit from a building permit. This permit is issued by the Streets Department. For approvals of design details in the public right- of-way, contact the Engineering Department. I hereby approve the. insubstantial subdivision plat amendment for Lots 1 & 2 Volk Lot Split, Oklahoma Flats, Aspen pursuant to Section 2'4-7-1006 and 24-7- 908 A. of the Municipal Code with the above cond' 'on . 6, X,,,,'�4 / � X Amy Mar7 g um, Planning Director 3 �1 %C \A ol .0-.0 9-.. I r� Exhibit B MEMORANDUM To: Mary Lackner, Planning Office From: Chuck Roth, Engineering Department 0`1c Date: April 29, 1994 Re: Volk Conditional Use for an Accessory Dwelling Unit (ADU) Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Sidewalk. Curb & Gutter - Section 19-98 requires construction of sidewalk, curb and gutter for new construction. The "Pedestrian Walkway and Bikeway System Plan" does not identify the Oklahoma Flats area, and it is doubtful that sidewalks will ever be required in the area. Construction of curb and gutter should only be done in conjunction with comprehensive designs of larger areas to account for storm runoff drainage and for elevation needs. Therefore, it is recommended that the applicant only be required to sign a sidewalk, curb and gutter improvement agreement prior to issuance of a building permit. 2. On -site Parking - On -site parking is not required for an ADU. However because there is no parking on the street, it is recommended that an on -site parking space be required for the ADU in this instance. 3. Driveways - Section 19-101 of the Code only permits one driveway to a residence. Section 19-102 provides for variations from 19-101. Given the low traffic volumes in the area, the Engineering Department will permit the second driveway. 4. Francis Street Access - The City and the County have worked with an adjacent property owner, Doug Allen, concerning his access to a parcel that he owns. He was denied permission to access from Gibson Avenue because of the trail crossing and the high traffic volumes on Gibson. His parcel has legal access on Francis Street adjacent to the applicant's property. However there is a large cottonwood tree in the middle of the narrow, 15 foot wide Francis Street right-of-way. As can be seen from the Volk Lot Split plats, the City was concerned about right- of-way widths adjacent to the Volk property. A substantial area adjacent to both Spring and Bay Streets was "reserved for dedication" at such time in the future as the City might need to widen the rights -of -way. It is not clear why a right-of-way dedication or a`� reservation to widen Francis Street was not required. It would appear from the access easement that was provided to Lot 2 that the City was unaware that there was a developable lot beyond the Volk property on Francis Street. The large cottonwood tree located in the Francis Street right-of-way would need to be removed in order for Doug Allen to obtain access to his parcel. It would appear to be preferable to widen the Francis Street right-of-way at this time or to obtain an access easement from Lot 2 to accommodate Doug Allen's access needs as opposed to providing permission to remove the cottonwood tree. A 20 foot wide access right-of-way or easement is the desirable minimum width. This would only result in an additional 300 square feet of right-of-way dedication, but it would be acceptable to reduce the other reservation for dedication area by 300 square feet if necessary. 5. Utilities - Any new surface utility needs for pedestals or other facilities must be installed on an easement provided by the applicant and not in the public right-of-way. 6. Trash Storage Areas - The final building permit plans should indicate the trash storage area, which may not be in the public right-of-way. All trash storage areas should be indicated as trash and recycle areas. Any trash and recycle areas that include utility meters or other utility facilities must provide that such facilities not be blocked by trash and recycle containers. 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 properties, we advise the applicant as follows: The applicant shall consult city engineering (920-5080) for design considerations of development within public rights -of -way, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from city streets department (920-5130). Work in the public right-of-way includes landscaping and driveways. cc: Robert Gish, Cris Caruso Applicant's representative: Sunny Vann (FAX 920-9310) M44.211 Exhibit C MEMORANDUM TO: Leslie Lamont, Planning Office FROM: Cindy Christensen, Housing office DATE: May 2, 1994 RE: Volk Conditional Use Review for an Accessory Dwelling Unit Parcel ID No. 2737-073-73-002 The Housing Office recommends approval for the requested accessory dwelling unit based on the following conditions: Accessory dwelling units shall contain not less than three hundred (300) square feet of allowable floor area and not more than seven hundred (700) square feet of allowable floor 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 principal residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. The applicant states that the unit is to be 528 square feet of net liveable area, located above the new principal residence's attached garage, and have access to the unit to an exterior stair which is to be located on the north side of the garage. The kitchen must be built to the following specifications: "chen must contain a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer. In reviewing the floor plans, this unit is a good example of what an accessory dwelling unit should resemble. The kitchen is a nice size, it has a full bath, and is an above -grade unit with lots of light. Before the applicant can receive building permit approval, the applicant must provide to the Housing office actual floor plans of the proposed accessory dwelling unit and a signed and recorded Deed Restriction, which can be obtained from the Housing Office. The Housing Office must have the recorded book and page number prior to building permit approval. Word\referralWolk.adu MEMORANDUM TO: Planning and Zoning Commission FROM: Mary Lackner, Planner RE: Molly Gibson Loop Condominium Unit B Conditional Use for an Attached Accessory Dwelling Unit - Public Hearing DATE: May 17, 1994 SUMMARY: The Planning Office recommends approval of the Molly Gibson Loop Condo Unit B Conditional Use for an approximately 450 sq.ft. attached accessory dwelling unit with conditions. APPLICANT: Audrey Lee Churchill, represented by Dan McAllister. LOCATION: Molly Gibson Loop Condominiums, 450 Riverside Avenue. ZONING: R-6 Medium Density Residential. APPLICANT'S REQUEST: The applicant requests Conditional Use approval to build an accessory dwelling unit within a new residence pursuant to the housing mitigation requirements in Ordinance 1, Series 1990. The site contains an existing condominiumized duplex structure in which Unit B will be removed to accommodate the new residence and ADU. The one bedroom accessory dwelling unit will be approximately 450 sq.ft. and will be located on the first level of the building. Please refer to application information, Exhibit "A". REFERRAL COMMENTS: Comments from the Engineering Department are included as Exhibit "B", Parks Department comments Exhibit "C", and Housing Authority comments Exhibit "D". STAFF COMMENTS: The Commission has the authority to review and approve development applications for conditional uses pursuant to the standards of Section 7-304: 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 Response: The proposed dwelling unit has the potential to house local employees, which is in compliance with the Aspen Area Community Plan and the underlying 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; and a Response: The accessory dwelling unit is compatible with the character of the surrounding neighborhood, which consists of duplex and single family residences, the East Cooper affordable housing project, and the Anderson property adjacent to the Roaring Fork River. This development is also adjacent to and visible from SH 82. The unit will not be visible as a distinct unit from the exterior of the residence. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and Response: The accessory dwelling unit will be completely contained within the proposed reconstructed residence. Two parking spaces are provided on -site within a garage. No parking is required to be provided for the one bedroom accessory dwelling unit. The principal residence will contain two bedrooms and an unfinished basement. The proposed ADU will have a covered entrance for access. City Engineer, Chuck Roth has indicated that the applicant will need to comply with specific requirements at the time a building permit is applied for. The comments mentioned by Mr. Roth have been made conditions of approval. As per past P&Z concerns, a recommended condition of approval requires that the unit be identified on building permit plans as a separate dwelling unit requiring compliance with U.B.C. Chapter 35 for sound attenuation. The applicant has proposed a roof design that will shed snow away from the ADU's entrance. No significant impacts are anticipated. 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 Response: All public utilities are adequate and in place throughout the neighborhood and for the proposed residence and ADU. The applicant may be required to pay additional tap fees for water and sewer service with the new residence. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Response: The proposed ADU will satisfy the requirements of Ordinance 1 for demolished and replaced residence. The applicant must file the appropriate deed restrictions for resident occupancy, including a six month minimum lease. Proof of recordation must be 2 forwarded to the Planning Office prior to issuance of any building permits. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Community Plan and by all other applicable requirements of this chapter. Response: This use complies with the Aspen Area Comprehensive Plan and all other applicable conditional use standards. NOTE: As this accessory dwelling unit is 100% above grade, the redeveloped structure is eligible for a floor area bonus per Ordinance 1. STAFF RECOMMENDATION: Planning staff recommends approval of the Molly Gibson Loop Condominium Conditional Use for a 450 sq.ft. one bedroom accessory dwelling unit subject to the following conditions: 1. The owner shall submit appropriate deed restrictions to the Aspen/Pitkin County Housing Authority for approval. The accessory dwelling unit shall be deed restricted to resident occupancy with a minimum six month lease. Upon approval by the Housing Authority, 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 accessory dwelling unit 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. 4. During building permit plan review, the Zoning Enforcement Officer shall make the final determination that the unit meets the minimum size requirement of 300 sq.ft. net liveable as defined in the Housing Authority Guidelines. The accessory dwelling unit cannot be less than 300 sq.ft. 5. The applicant shall comply- with the recommendations made by the Engineering Department in the referral memorandum dated April 28, 1994, prior to issuance of a building permit. 6. The applicant shall enter into a sidewalk, curb and gutter • agreement for Riverside Drive and Highway 82, prior to the issuance of a building permit. 7. 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 3 conditions of approval, unless otherwise amended by other conditions. RECOMMENDED NOTION: "I move to approve the Conditional Use for a 450 sq.ft. attached accessory dwelling unit for the Molly Gibson Loop Condominiums Unit B at 450 Riverside Drive with the conditions recommended in the Planning Office memo dated May 17, 1994.11 Exhibits: "All - Application Information IIBII - Engineering referral memo IICII - Parks referral memo I'D" - Housing Authority referral memo 4 . UaM APPr CATIOU FCR�M Exhibit A 1) Proj Oct name AJ' F� N Ou E ,) J>roject Location tk':::�-eeN . a ono c..t E I &SaN Lo a P tt N I T A- 16 ( indicate street address, lot & block nmber, legal ic n whew appropriate) 3) Present Zoni-ng .4) Lot Size I 1 2Jo 5) Applicant's Name, Address & Phone 1 l "7 7 CAL, i Foam (A ST. '� FRAN c15c-o , CR , 4 05 64 S� 9 28.87 a 6) Representative's Name, 20dress & Phone t - i E�-- t� t..�.-IS�6Y� . _t'ZGt+►TF..�T �� I l✓c.M c.�2.GST !� i�'UtStinlGT-o � . � G� 92� C� Gl �a 87a8 7) Type of Application (please civeck all that apply): Conditional Use SPA Oa4oepbaal Historic Dev . Special: Final SPA Final Historic Dev 8040 GreenLine Cox teal PUD Minor Historic Dev. _ Stream Margin Final PUD Historic Demolition r cxmta.in View Plane Subdivision Historic Designation ' t rm i 7a tion ' Text/Map Amendment GK ,S Al atmen t I - at Split Iot. Line GMQS ExemQt-a`i Adjustment 8) D ' cn of adsting Uses (m=ber and type of exJLSting - approximate sq- :Et-; rx=ber of bod=MS'; any approvals grantA:�,i to the Pert y) - �- ,c, vrsI T ' (S AS 70o s� STo c- !�s P►PF2ox . r2.CC sF-. 9) Description of Development Application ' is AOVe IFXc51-t�16 OKIT '8 4%*,JQ S-M� 801LQ(t4�5 A sQ .� N 2 L7u tom, 2 c�+z 10) have you attacbed the followirxr. to Attac3unesrt 2, Minim am 4 b i s ion Oontents V Morse to AttaChment 3, cif is SLbmi-sign Oontcnt- v ✓ naq e to Attachment 4 ,. Review Standards f o r Your l[Dp 1 i Ca Lion ,4w6ve# Zee ek4Tel� INVESTMENTS / 177 CALIFORNIA ST.. srE. 1214 SAN FRAwo|soo, CA e4 108 TEL. (*15)e2o'er7o March 10, 1994 City of Aspen Planning Commission Re: Molly Gibson Condos A & B Gentlemen: This letter is to notify you that my representatives on the above -mentioned project will be Mark Lee and or Dan McAllister. Their addresses and telephone numbers are: Mark Lee Daniel McAllister 2435 East Coast Hwy., #8 830I Elmcrest Lane Corona del Mar, CA 92626 Huntington Beach, CA 92646 (714) 673-5594 /714\ 988-8708. I um the applicant on the project and my address and telephone number are: Audrey Lee Churchill 1177 California Street, #I214 San Francisco, CA 94I08 /4I5\ 928-8770. Thank you very much. Sincerely yours a'l' t- 4.-- eL'J� Audrey L Churchill ALC: bp `'RECORDING REQUESTED BY, WHEN RECORDED MAIL TO, A MAIL TAX STATEMENT TO: As. Churchill #362147 1 t_1/ 1 /93 16:.39 Rec * 1 C). c-->C-T Df:` 727 PG 217 Silvia Davis, F'i tk:i n Cnty C1 erl:: , Doc 1177 California St., Ste. 1214 San Francisco, CA 94108 For Recorders Use Only The undersigned Grantor Declares: DOCUMENTARY TRANSFER TAX IS $-0-. There is no consideration for this transfer. This is a transfer to a Revocable Trust of which the Grantor is both the Settlor and the Beneficiary. EXEMPT FROM FILING AFFIDAVIT OF PROPERTY VALUE. The undersigned, AUDREY M. LEE, (also known as AUDREY LEE CHURCHILL), a single woman as her sole and separate property does hereby convey to AUDREY M. CHURCHILL, Trustee of the 'DREY M. CHURCHILL LIVING TRUST, Dated September 28, 1990 the following described property in the County of PITKIN, State of COLORADO: See legal description attached hereto as Exhibit "A", and incorporated herein by this reference. Subject to current taxes and assessments, reservations and all easements, liens and encumbrances of record, And the Grantor does warrant the title against all persons whosoever subject to the matters above set forth. Dated: September 21, 1993 STATE OF CALIFORNIA i COUNTY OF ORANGE This instrument was acknowledged before me this 21 st day of September, 1993, by AU Y M. LEE W SS m han n fl �Kl N` tary Public My Commission Expires: June 24, 1994 �f 4ARIY ! L E •,'?a� OFFICIAL SEAL �'r`�= :. EDWARD AllE6ES1 .� NOTARY PUBLIC • CALIFORNIA ORANGE COUNTY r aH My Corm. Eipins Junt 24, 1994 Notary Seal 4362147 10/1-/q.-j 16.39 B 727 PG 218 Silvia Davis, Fitk-in CntY CIL-r4:, Doc all the following described real property, situate, lying and being in Pitkin County, Colorado Condominium Unit A Molly Gibson Loop Condo- miniums, a Condominium, according to the Maps filed for record in the Office Of the Clerk and Recorder of Pitkin County in Plat Book 6 at page 71, and as defined and described in the Condominium Declaration for Molly Loop Condominiums recorded in such records at Book Gibson Page 792. 1 and singular the hereditaments and TOGETHER With al ing, or in anywise appertaining, and appurtenances thereto belong ,S, remainder and remainders, rents, the reversion and reversion 11 the estate, right, title, issues and profits thereof; and a r of the drantor ether in law interests claim and demand whatsoeve bargainepremises, with the or equity, of, in and to the above hereditaments and appurtenances. EXHIBIT "All 0 #359265 Rec 1 0 , 0" bk:: 719 PG 132 Silvia Davis, F'i tki n CrTty Clerk., Doc. *. c_>(:) RECORDING REQUESTED BY, WHEN RECORDED MAIL TO, nd MAIL TAX STATEMENT TO: As. Churchill 1177 California St., Ste. San Francisco, CA 94108 1214 For Recorders Use Only IN IVA 1-1 D1 The undersigned Grantor Declares: DOCUMENTARY TRANSFER TAX IS $-0-. There is no consideration for this transfer. This is a transfer to a Revocable Trust of which the Grantor is both the Settlor and the Beneficiary, EXEMPT FROM FILING AFFIDAVIT OF PROPERTY VALUE. The undersigned, AUDREY M. LEE, (Also known as AUDREY LEE CHURCHILL) a single woman as her sole and separate property does hereby convey to TJDREY LEE CHURCHILL, Trustee of the JDREY LEE CHURCHILL LIVING TRUST, Dated September 28, 1990 the following described property in the County of PITKIN, State of COLORADO: See legal description attached hereto as Exhibit "A", and incorporated herein by this reference. Subject to current taxes and assessments, reservations and all easements, liens and encumbrances of record. And the Grantor does warrant the title against all persons whosoever subject to the matters above set forth. Dated: -ZOKc- STATE OF CALIFORNIA i COUNTY OF ORANGE This instrument was acknowledged before me this 23rd day of June, 1993, by AUDREY M. LEE. ESS my n ffi 'al seal totary Public My Commission Expires: June 24, 1994 r A, AUDRE M. LEE OFFICIAL SEAL " . EOWaRO allE6ES1 NOTARY PUBLIC • CAtIFORM►A ORANGE COUP " K .M by Cw= Wkes Jww 24, 1994 a0l Notary Seal #359265 07/23/93 15: (:)2 Rec Bk' 719 F'G 133 Silvia Davis, F'itk.in Cnty Clerk, Duc �.�:��:► real property, situate, lying and beingallthe Pifollowing described tkin County, Colorado Condominium Unit B, Molly Gibson Loop Condo- miniums, a Condominium, according to the maps filed for record in the Office of the Clerk and Recorder of Pitkin County in Plat Book 6 at Page 71, and as defined and described in the Condominium Declaration for Molly Gibson Loop Condominiums recorded in such records at Book 348 at Page 792. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertainin the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor either in law or equity, of, in and to the above bargained g premises, with the hereditaments and appurtenances. 1113 V 3 "VA Z----C�,- Y10 Daniet R. McAllister AIA A r c h i t e c t 8301 Elmcrest Lane Huntington Beach, California 92646 (714) 968-8708 / FAX (714) 965-1288 March 17, 1994 City of Aspen Planning and Zoning Commission 130 S. Galena Street Aspen, CO 81611 RE: Application for Conditional Use Permit Duplex and Accessory Dwelling Unit 450 Riverside Avenue Aspen, CO Dear Commissioners, Please consider the application for a Conditional Use for the subject property on the merits of the graphic information, the application enclosed herewith and the following responses to the standards for development as set forth in Attachment 4, Review Standards: Development of Conditional Use. Description of Proposed Use: The proposed development is the demolition of existing sub -standard housing attached to an existing conforming residence recorded as the Molly Gibson Loop Condominiums. The project will leave the original 3 bedroom residential unit on the north end in place, add a new two bedroom duplex unit and a street level accessory dwelling unit along with a two car garage over a full basement. Additional required parking will be located on -site. A. The subject property is located within the Medium -Density Residential (R-6) zone district (sec. 5-201) which provides for permitted uses of Duplex units and Accessory Dwelling Units meeting the provisions of Section 5-510. The Accessory Dwelling unit is subject to a Conditional Use Permit. The lot meets the requirements of minimum lot area of 6,000 sf with an actual lot area of 10,350 sf. The property is located in the original Aspen Townsite and within walking distance to the center of the city. The design has been developed within the guidelines for setback, floor area and height as setforth under section 5-201(D) and Off street parking as setforth in section 5-201(E). B. The conditional use is consistent and compatible with the character of the immediate vicinity which is a mix of single family detached, attached condominiums, moderate density apartments, recreational horse riding stables and open spaces along the Roaring Fork River. C. The location of the proposed use is within stipulated setback and height limits which have been established to safeguard the rights of all property owners adjacent to and affected by the rightful development of this property. This development takes advantage of vies{ of the mountain and valley terrain as well as other physical features afforded by its location without affecting adversely the same type of opportunities enjoyed by neighboring properties. The varying heights of the roof line and siting of the structure are considerate of the neighbors. The pedestrian and vehicular impacts are negligible in that the development is no more densely developed than it has been in the past. Two parking spaces for the new development will be in garages instead of all on surface parking minimiAm-) the visual impact of the parking. There will be no change in the negligible impacts of trash. service delivery, noise, vibrations and odor on surrounding properties. D. The site is currently served with public facilities and services and which will not k an" more severely impacted by this development than they are currently. The site is at the corner of two dedicated streets (Riverside Avenue and Colorado state highway 82) Which contain public utilities of sewer and water that is of adequate capacity for this project. Site drainage is via surface flow to a storm drain catch basin east of the intersection of highway 82 and Riverside Ave. The existing parks, police, fire prote-ction, emergency medical services, hospital and medical services in Aspen will not be adversely impacted by tlic development of this property. The fire protection services will be impacted positi�cl\ h\ the updated and current construction of the new buildings, eliminating the current tirc hazards of the existing sub -standard development of the units attached to the conforn1tl1`0- residential unit. Schools will not be adversely impacted by this small development. E. This development includes an accessory dwelling unit for the express purpose of prop sding affordable housing for the Aspen community. The nature and size of the development does not contribute to an increased need for employees in the area but will provide space at W1 affordable level within a residential zone. F. It is the intent of the developer of the property to comply with all additional standards imposed by the Aspen Area Comprehensive Plan and by all other applicable requirell)c1lts of the conditional use permit as granted by the City of Aspen. OrH WAY I . -i� --r- y .. -Dlr�"o -11,6 loco rt 94 SITE PLAN Scok 1/1' *SVL� \k 1 M NORTH n K \11 M 4 m lz e 1u ., r- sMite,j _ i r� t� i>�i�'• kL ol z Exhibit B MEMORANDUM To: Mary Lackner, Planning Office From: Chuck Roth, Engineering Department C-p- Date: April 28, 1994 Re: Molly Gibson Loop Condominiums Conditional Use for an Accessory Dwelling Unit (ADU) Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. For filing purposes and future access and use of public records, please note that the title of the existing condominium is Molly Gibson Lop Condominiums. Also, the current application is not for an approval that would require a plat or a plat amendment, but the applicant is advised that a plat amendment may be needed in the future for title policy purposes. When a plat amendment is prepared, it is required to meet the requirements of City Code Section 24-7-1004.D. 2. Sidewalk, Curb & Gutter - Section 19-98 requires construction of sidewalk, curb and gutter for new construction. The "Pedestrian Walkway and Bikeway System Plan," aka the Ped Plan, identifies Riverside Avenue as a primary pedestrian route. Highway 82 is of course also a primary pedestrian route. Approval of an accessory dwelling unit may not be an appropriate circumstance for requiring construction of sidewalk on Highway 82. We would like to follow Section 19-98 and require sidewalk construction on Highway 82 for this project as a component of rebuilding Unit B. I have discussed this with the applicant's representative. Both halves of the condominiumized duplex remain in single ownership. I will continue to work with him prior to the P & Z meeting. At any rate, it is recommended that, at a minimum, the applicant be required to sign a sidewalk, curb and gutter improvement agreement for Riverside Avenue prior to issuance of a building permit. 3. On -site Parking - On -site parking is not required for an ADU, however because of the lack of parking on the street, it is recommended that an on -site parking space be required for the ADU. Parking spaces may not extend into the public right-of-way. 4. Driveways - The existing driveways do not meet Code requirements of only one per lot and with a maximum width of 18 feet as provided for in Section 19-101. Since the site design does not appear to permit the duplex to be able to function with a single driveway, a second driveway may be built for the new half of the duplex. It must however meet the other requirements of Section 19-101. 5. Site drainage - One of the considerations of a development application for conditional use is that there are adequate public facilities to service the use. One public facility that is inadequate is the City storm drain system. Also, since this is a previously subdivided parcel, the storm runoff standards of Section 24-7-1004.C.4.f apply, and the building permit plans must provide for storm run-off to be maintained on site. Roof drains and the driveway area may be drained to drywells or to landscaped areas. 6. Trash Storage Areas - The final building permit plans must indicate the trash storage area, which may not be in the public right-of-way. All trash storage areas should be indicated as trash and recycle areas. Any trash and recycle areas that include utility meters or other utility facilities must provide that such facilities not be blocked by trash and recycle containers. 7. Utilities - Any new surface utility needs for pedestals or other facilities must be installed on an easement provided by the applicant and not in the public right-of-way. 8. Topographic Survey - It appears that the topographic survey is also intended to function as a site improvement survey. The survey contains the language "R.O.W: area in question." The Engineering Department files contain a copy of an amended Molly Gibson Loop Condominiums plat, drawing number 828-138, which shows a road and utility easement which must be indicated on the survey prior to issuance of a building permit. 9. Encroachments - Railroad tie cribbing and a fence encroach into the public right-of- way. It is desirable 'that these features be relocated back onto private property, but it is not mandatory at this time. If Unit A is redeveloped, the encroachments should be removed although the property owner does have the right to apply for an encroachment license. 10. Work in the Public Right-of-way - Given the continuous problems of unapproved work and development in public rights -of -way adjacent to private properties, we advise the applicant as follows: The applicant shall consult city engineering (920-5080) for design considerations of development within public rights -of -way, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from city streets department (920-5130). Work in the public right-of-way includes landscaping and driveways. cc: Robert Gish Applicant: Audrey Lee Churchill, 1177 California St. #1214, San Francisco, CA 94108 Applicant's representative: Daniel McAllister, 8301 Elmcrest Lane, Huntington Beach, CA 92646 M94.W9 r�� Exhibit C MEMORANDUM 29 TO: Mary Lackner, Planning Office THRU: George Robinson, Parks Director FROM: Rebecca Baker, Parks Department DATE: April 29, 1994 RE: Molly Gibson Condos A & B Conditional Use Review for an Accessory Dwelling Unit We have reviewed the application submitted by Audrey Churchill and offer the following comments. Two Aspen trees are shown on the existing conditions site plan but no indication of their size is mentioned If these trees are within code, a tree permit will be required prior to issuance of a building permit~ It is also recommended, that the applicant be encouraged to install sidewalk along Highway 82 during their construction project. Although the new construction is primarily along Riverside Ave, this property borders the Highway and this sidewalk is an important link for pedestrian use into town. 7�� P. 1 Exhibit D XZXORA DUX TO: Mary Lackner, Planning Office FROM: Cindy Christensen, Housing office DATE: MAY 11, 1994 RE: Churchill Conditional Use Review for an lecessory Dwelling unit Parcel in No. The Housing Office recommends approval for the requested accessory dwelling unit based on the following conditions: Accessory dwelling units shall contain not less than three hundred (300) square feet of allowable boor area and nod more than seven hundred (700) square feet of allowable floor area. The unk shalt be dead restricted, meeting the housing authority's guidelines for resident occupied units and shall be limited to rental pariods of not less than six (6) months in duration. Owners of the principal residence shall have the right to place a qualified employee or employees of his or her Choosing in the accessory dwelling unit. The applicant states that the unit is to be 654 square feet of net liveable area, attached to a new two -bedroom duplex unit (street level). According to the plans, the unit has a separate entrance, contains one bedroom and is a completelyprivate unit. The plans also show that the kitchen meets our definition of same as stated below: must contain a minimum of a two-bumer stove with oven, Standard sink, and a 6-cubic foot refrigerator plus freezer. in reviewing the floor plans, this unit is a good example of what an accessory dwelling unit should resemble. The kitchen is a nice size, it has a full bath, and is located above -grade.. Before the applicant can receive building permit approval, the applicant must provide a signed and recorded Deed Restriction, which can be obtained from the housing Office. The Housing Office must have the recorded book and page number prior to building permit approval. \word\referrvt\churchit.adu 0 PUBLIC NOTICE DATE 5 17 TIME 4 ' 3O Ed rl PLACE a017r 'NAB' PURPOSE r CONDiToN*1L use- R�vIE N -7 (J