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Home My WebLink Aboutcoa.lu.cu.270 N Spring St.0003-06270 N Spring St Buy Down ADU 273707311005 Case 0003. 2006.ASLU City of Aspen Community Development Dept. CASE NUMBER 0003.2006.ASLU PARCEL ID NUMBER 2737-07-3-11-005 PROJECT ADDRESS 270 N SPRING ST PLANNER JAMES LINDT CASE DESCRIPTION BUY DOWN MANDATORY OCCUPANCY ADU TO A STANDARD REPRESENTATIVE EUGENE PFEIFER 5012258102 DATE OF FINAL ACTION 2/24/2006 12:( CLOSED BY Denise Driscoll ■EE NE'o: 9709205439 on 02/23/06 ■ ■ ■ ' N CUT. YOUR HOUSE PAYMENT IN HALF!! * Pay only $500 a Month on a $200,000 loan OR * Pay only $750 a Month on a $300,000 loan OR * Pay only $3,750 a Month on a $1.5 Million loan 3%Interest Only *5.50% Fixed Rate • 107 % Purchase • 125% Refinance • Previous Bankruptcy OK! (*Rates subject to change) Hurryl Lowest Rates in Years Consolidate Second Mortgages & Pay Credit Cards Off Nowl Take Equity Out of Your Home While You Still Canl FILL OUT AND FAX BACK TO: F-7I/ \line: Current Interest Rate Term I am Interested in: ❑ Refinancing my current mortgage loan ❑ Consolidating may debts ❑ Purchasing a new home Current Loan Balance Loan Amount Requested: Hm. Phone: Cellular or wIL Phone: Best day/time to call: Comments: 1-800-801-3577 1= CO to delete fax number, CALL 1-800-801-3126. le 0 Fjle Edit Record Naw;ate Form Reports Format Tab Help .1 X -j ' DOplay auditing for the current record, (Ctrl+T) _ , _ Routing History I Conditions S� Permits j Vation Public Comment CUNomer Request Attachments Main � Routing Status j Arch/Eng Parcels � Custom F)eids 1 Fee; I Fee Summary fictions Perm � F Land Use 2004 10003,20MASW ' Address 270 N SPRING ST Ll ApVSuite City , PEN StateFco__�3- Zip 81611 tlasterPerm# Routing Queue askA6 Applied 101/18/2006 Project - Status Approved Description B DOWN MAN TORYO ADU TOASTANDARD U r f Issued �Y v r<L ��1 is �o by cc) VK �v k7� Final . Smelted JEUGENE PFEIFER 5012258102 Clods Run w q Days r 0 Ewes 01/13/2007 jr Vis"o on** web? PernA ID: 37OSS _._ ...... _...... - ...... .,._.__.._.__.. Last Name PFEIFER EUGENE M 111 LJ Fust Name PO BOX99 Phone NORTH LITTLE ROCK AR 72115 O voner I s Applicant? -pplicant Last Name PFEIFER EUGENE M III 5 L :ZJ Fit Nam F PO BOX 99 266Ei3 � �� NORTH LITTLE ROCK AR 72115 i Phone ; Cwt it �: t t > Commenter's Reason: The code requires that glazing that is adjacent to a door and within 24 inches of the door and 60 inches of the floor be safety glazed (R308.4, #6). Exception 4 then goes on to exempt glazing adjacent to the door if the door opens to a closet that is less than 3 feet in depth. There is absolutely no technical justification to exclude safety glazing if the closet is 36 inches deep and require it if the closet is 37 inches deep. Either the glazing is a hazard or it is not. This proposal concludes it is not. The second portion of this code change addresses an issue that has received much comment on the ICC web site. The following illustration shows what the issue is. A window is located in a wall adjacent a tub or shower enclosure. The tub or shower enclosure may have a swinging door, a sliding door, or a shower curtain. None of these may be in place at the time of the final inspection. The question is "Does a sliding or swinging shower or bath door constitute a door as contemplated by IRC Section R308.4, #67" The IRC Committee stated in its published reason for denying this proposal that this sliding or swinging door is intended to trigger the rule. What makes this position questionable is that if a shower curtain is installed, no hazard exists. If a sliding door is installed, all of a sudden the window becomes a hazard. This makes no sense. The code needs to be clarified to address this issue. I Safety psaze or rot' I RB59-04/05 R308.4 Proposed Change as Submitted: Proponent: Rick Davidson, City of Hopkins, MN Revise as follows: R308.4 (Supp) Hazardous locations. The following shall be considered specific hazardous locations for the purposes of glazing: 1. Glazing in swinging doors except jalousies. 2. Glazing in fixed and sliding panels of sliding door assemblies and panels in sliding and bifold closet door assemblies. 3. Glazing in storm doors. 4. Glazing in all unframed swinging doors. 5. Glazing in doors and enclosures for hot tubs, whirlpools, saunas, steam rooms, bathtubs and showers. Glarimg am amy part of a building wall Shower or tub emosure wAh stmwer a.Jnsall or SbOVIG or sw;ngrzp sFaver soar. enclosing these corn pa here the bottom exposed edge of the glazing is less than 60 inches (1524 mm) measured vertically above any standing orwa+krrTsurface. 6. through 11. (No change to current text) Reason: The current language seems to imply that glazing in a window that may be several feet from the water basin must be safety glazed because it reads: "glazing in any part of a wall enclosing...". t has been argued that one might slip on the floor outside the tub and fall into a window and that the current code requirement provides for virtually any window in a bathroom to be safety glazed. This proposal seeks to clarify that only doors and glazing immediately adjacent the basin or tub are regulated. Following are excerpts from the ICC Bulletin Board to illustrate the confusion caused by this section: construction arbitrator posted 04-13-2004 08:50 AM Agreed, but if the tub has a sliding glass (or swinging) door then the 24" rule comes into play, and any windows within 24" of the door must be safety glazed just like a sliding or swinging door going out of a house. construction arbitrator posted 04-13-2004 11:17 AM The intent of the code is to prevent people from becoming injured by broken glass, there is much more chance of injury from a person exiting a shower than a regular door. If there is just a shower curtain the safety glass is not required, but once you install a "door" the code provision is triggered. construction arbitrator posted 04-13-2004 05:49 PM If somebody slipped stepping out of a shower, pushed their hand through 2005 ICC FINAL ACTION AGENDA 263 FEB. 10.2006 11:15AM *UNITY DEVELOPMENT 0 NO.5539 P. 2 MEMORANDUM TO: Chris Bendon, Community Development Director FROM: lames Lindt, Senior Planner RE: 270 N. Spring Street Insubstantial Amendment of an ADU Development Order DATE: February 9, 2006 APPLICANTS: Eugene and Linda Pfeifer LOCATION: 270 N. Spring Street ZONING: R-30 with. a PUD Overlay IZEVIEw PROCCI)ITRE: Insubstantial amendments to an ADU development order may be approved, approved with conditions, or denied by the Community Development Director, pursuant to Section 26.520.090(.A), .Amendment of an Accessory Dwelling Unit (ADZI) or Carriage House Development Order: Insubstantial Amendment. REQUEST: Eugene and Linda Pfeifer ("Applicants' have applied for an insubstantial amendment to an approved ADU development order to buy -down the mandatory occupancy deed restriction that currently governs the existing ADU at 270 N. Spring Street to a standard, volmitary occupancy . ADU deed restriction pursuant to Land Use Code Section 26.520.090(A)(2). BACKGROUND: A mandatory occupancy ADU was approved on the subject site pursuant to Planning and Zoning Commission Resolution No. 25, Series of 1998 (attached as Exhibit "C" ), which served as affordable housing mitigation for the development of a new single-family residence. Several years ago, the City amended the ADU program and removed the possibility of constructing new mandatory occupancy ADUs. Subsequently, another land use code amendment was approved by City Council allowing property owners with mandatory occupancy ADL: s to buy them down to a voluntary occupancy ADU deed restriction. The difference between a voluntary occupancy ADU deed restriction and a mandatory occupancy deed resuiction is that the voluntary occupancy deed restriction does not require the unit to be occupied where as a mandatory occupancy deed restriction required that the unit be occupied year-round. A mathematical formula was enacted in Land Use Code Received Time Feb.10. 11:53AM FEB. 10.2006 11:15AM *UNITY DEVELOPMENT 9 NO.5539 P. 3 Section 26.520.090(2)(e)(2) to calculate the amount of money necessary to buy an ADU out of a mandatory occupancy deed restriction to a voluntary occupancy ADU deed restriction - STAFF COMMENTS: in reviewing the request to buy -down the mandatory occupancy ADU to a voluntary occupancy ADU deed restriction, Staff believes that the review criteria for an insubstantial amendment are satisfied as long as the Applicants pay llie required buy -down fee of S23,315.82. This buy-do%%,n fee is calculated as follows: S Payment-- (square footage of bonus floor area) multiplied by (assessed value of parcel plus improvements/floor area of residence (excluding bonus FAR)) $23,315.82= 268 square feet multiplied by ($384,450/4,419 square feet) Staff has proposed a condition of approval requiring the Applicants to pay the buy -down fee as calculated above prior to recording a new deed restriction on the ADU that does not require mandatory occupancy. Staff has further included a condition of approval requiring the Applicants to record a new deed restriction at the Pitkin County Clerk and Recorder's Office. STAFF RF.C:OMMENDATION: Staff finds that the review criteria for granting an insubstantial amendment to the approved ADU development order to be satisfied by the application and recommends that the Community Development Director approve the proposed amendment to buy -down the existing mandatory occupancy ADU at 270 N. Spring Street to a voluntary occupancy ADU deed restriction, with the conditions contained herein. APPROVAL: I hereby approve this insubstantial amendment to the approved ADU development order at 270 N. Spring Street to allow for the Applicants to huy-down the existing mandatory occupancy deed restriction to a standard, voluntary occupancy ADU deed restriction, v6th the following conditions: 1. The Applicants shall pay a buy -down fee of S23,315.82. This money shall be deposited in the affordable housing development fund for the construction of future affordable housing by the City of Aspen. 2. The Applicants shall prepare a standard, voluntary occupancy deed restriction in consultation with the Aspen/Pntkm County Housing Authority and ltave the new deed restriction recorded at the Pitkin County Clerk and Recorder's Office. The fee mentioned in Condition No. l shall be paid before the new deed restriction is recur ed. cl, W Chris Bendon, Community Development Director Received Tire Feb•10. 11:53AM FEB.10.2006 11:15AM SUNITY DEVELOPMENT 0 NO.5539 P. 4 ACCIMANCE: I. as a person being or representing the Applicants, do hereby agree to the conditions of this approval and certify the inf ospm4ido this application is correct to the best of my knowledge. :We Z / 0/()4 ATTACffiKENTS: Exhibit A --Review Criteria and Staff Findings Exhibit B —Application Exhibit C --P & Z Resolution No. 25, Series of 1998 Received Time Feb•10. 11:53AM FEB. 10. 2006 11:15AM *MUNITY DEVELOPMENT 0 NO, 5539 P. 5 Exhibit A Review Criteria and Staff Findings insubstantial Amendment to in Approved ADU Development Order. An amendment application that propnRes to remove a Mandatory Occupancy ADU deed restriction placed on the property prior to adoption of Ordinance No_ 46, Series of 2001, may be approved if all of the following criteria are met: a. The mandatory occupancy deed restriction shall have been recorded on the property for a minimum of three (3) years prior to the date of application for it.s removal_ The applicant shall demonstrate a change in circumstances supporting the request to remove the restriction. Staff Finding: The mandatory occupancy deed restriction at 270 N. Spring Street has been in place since 1998. The Applicants have indicated that they have had trouble renting the unit to people meeting the employee housing guideline requirements given the small size and location of the unit. The Aspen/Pitkin County Housing Authority has concurred that it has been difficult to enforce that these mandatory occupancy ADUs be rented to qualified employees. Staff finds this criterion to be met. b. The Mandatory Occupancy deed restriction on the .ADU is replaced with the minimum ADU deed restriction allowing voluntary occupancy; and, Staff FinjiRgL Staff has proposed a condition of approval requiring that the minimum ADU deed restriction allowing voluntary occupancy be recorded and placed on the unit. Staff finds this criterion to be met. c_ The applicant has obtained approval either: ►_ From the City of Aspen to develop a deed restricted affordable housing unit on a site that is not otherwise required to contain such a unit or from the Aspen/Pitkin County Housing Authority to convert an existing free-market unit and deed restrict the unit to affordable housing .status. The replacement affordable housing unit shall be within the Aspen Infill Area, shall be of a comparuble size and type as the ADU, shall be accepted by the Aspen/Pitkin County Mousing Authority, and shall be deed restricted as a Category 3, or lower, sales unit according to the Aspen/Pitkin County Housing Guidelines, as amended; or, ?. From the Aspen/Pitldn County Housing Authority to pay an affordable housing conversion fee, calculated according to the following formula: assessed value of parcel square jootage plus improvements of bonus.loor X ,S payment = area floor area of residence (excluding bones FAR) Received Time Feb-10. '1:534 FEB.10.2006 11:16AM *UNITY DEVELOPMENT N0.5539 P. 6 Staff Findin The Applicants have proposed to pay the fee for buying down the unit. As was calculated in the Staff Memorandum, the Applicant will be required to pay $23,315.82 to buy the unit down to a voluntary deed restriction. This money shall be used by the City of Aspen to develop future affordable housing projects. Staff finds this criterion to be met. d. The structure granted the bonus Floor Area shall be considered a legally created Nonconforming Structure and subject to the provisions of Section 26.312. Staff Finding According to the zoning checklist that was filled out when the residence and ADU were constructed, when the FAR exemption for a mandatory occupancy unit was removed from the land use code, the structure became legally non -conforming with regards to allowable FAR. Receivad Time Feb-1C- II:63AM �kkl lR'i ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: Name: Location: (Indicate street address, lot & block number, legs description where appropriate) Parcel ID # (REQUIRED) ,' - / .� — '� L REPRESENTATIVE: Name: Address: Phone #: PROJECT: Name: Address: c�,9 70 v Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment 4W EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) ❑ Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk writh an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. RETAIN FOR PERNIAKENT RECORD Project: Applicant: Location: Zone District: Lot Size: Lot Area: ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed. - Number of bedrooms: Existing: Proposed. - Proposed % of demolition (Historic properties only): DIMENSIONS: Float Area: Existing: Principal bldg. height: Existing: Access. bldg. height: Existing: On -Site parking: Existing: % Site coverage: Ating: % Open Space: Existing: Front Setback: Existing: Rear Setback: Existing: Combined F/R: Existing: Side Setback: Existing: Distance tMel Bu Allowable: Proposed: Allowable: Proposed: Allowable: Proposed: Required: Proposed: Required: Proposed: Required: Proposed. - Required: Proposed: Required: Proposed: Required: Proposed: jequired. Proposed: 4 Y10iAML r ose ropo osed�► c Existing non -conformities or encroachments: Variations requested: CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT A(yreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: as s; Ian�iia ioq fo��IAa (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a e r nation of applica ion completeness, APPLICANT shall pay an initial deposit in the amount of $ I which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN By: Chris Bendon Community Development Director g:Asupport\forms\agrpayas.doc 1 1 /30/04 APPLA�ANT By: VtAV-A t Date: `` /4W1 o co Billing Address and Telephone Number: Required ^ � „ , A-JL 'A RETAIN FOR PERlAANENT RECORD ov- '--A 176 9 0 [�-i� A lk ('7 eA RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT DEED RESTRICTED TO MANDATORY OCCUPANCY, STREAM MARGIN REVIEW, AND WAIVERS OF RESIDENTIAL DESIGN STANDARDS FOR "VOLUME" AND "GARAGE PLACEMENT" FOR THE PROPOSED BRANDING GROUP RESIDENCE, 270 NORTH SPRING STREET, NORTH HALF OF LOT 2 AND ALL, OF LOTS 3, 4, 5, AND 6, BLOCK 2, OKLAHOMA FLATS ADDITION, CITY OF ASPEN. Parcel No. 2737-073-11-005 Resolution #98 - CA6 WHEREAS, the Community Development Department received an application from Kristeen Rosenberg of the Branding Group, owner and applicant, requesting Conditional Use approval for an Accessory Dwelling Unit of approximately five hundred and eighty seven (587) square feet, deed restricted to mandatory occupancy, to be located in a space above a proposed garage, a request for Stream Margin Review approval for development within the 100-year floodplain, and a request for variances to the "Volume" and "Garage Placement" elements of the Residential Design Standards for a new residence to be located at 270 Spring Street, north half of Lot #2 and all of Lots 3, 4, 5. and 6, Oklahoma plats Addition; and, WHEREAS, the parcel is approximately 14,175 square feet and located in the Low Density Residential (R-30) Zone District; and, WHEREAS, pursuant to Section 26.40.090 of the Aspen Municipal Code, Accessory Dwelling Units in the R-30 Zone District may be approved by the Planning and Zoning Commission as a Conditional Use in conformance with the requirements of said Section; and, WHEREAS, pursuant to Section 26.68.040 Stream Margin Review, development within the 100-year floodplain, in conformance with said Section, may be approved by the Commission; and, WHEREAS, pursuant to Section 26.58 Residential Design Standards, the Design Review Appeal Committee, or any other Board for which land use approval is required, may waive certain requirements of said Section upon finding the development either (a) is in greater compliance with the goals of the AACP, (b) exhibits a more effective method of addressing standard in question, or (c) exhibits a necessary reason for a waiver based on unusual site specific constraints; and, WHEREAS, the Housing Office, Water Department, Fire Marshall, Aspen Consolidated Sanitation District, City Engineering, and the Community Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, during a public hearing at a regular meeting on September 15, 1998, the Planning and Zoning Commission approved by a 7-0 vote the Conditional Use for an Accessory Dwelling Unit deed restricted to mandatory occupancy, approved the Stream Margin Review, and waived the "Volume" and "Garage Placement'' element of the ! !IIlI! IIIlI llllll IIIIII IIII IIIII 11lIII �I! IIIII IIII III! 423440 10/20/1998 11:11A RESOLUTI DAVIS SILVI 1 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CO �-� Residential Design Standards for the Branding Group residence, 270 Spring Street, with the conditions recommended by the Community Development Department, as amended by the Commission during the hearing. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Conditional Use for a 587 square foot Accessory Dwelling Unit, deed restricted to mandatory occupancy, to be located above a proposed garage, the Stream Margin Review, and the waiver of the "Volume" and "Garage Placement" elements of the Residential Design Standards are approved for the proposed Branding Group residence, 270 North Spring Street, with the following conditions: 1. Before the building permit application may be accepted, the applicant shall provide a current site improvement survey wet signed and sealed by a Registered Engineer or Land Surveyor. 2. The Planning and Zoning Commission hereby approves the 587 square foot Accessory Dwelling Unit, as represented. The Zoning Officer shall measure half of the ADU's Floor Area as contributing to the maximum allowable for the parcel as the unit shall be deed restricted to mandatory occupancy. 3. Before issuance of a building permit, the Accessory Dwelling Unit shall be deed restricted and registered with the Housing Authority. Prior to issuance of a Certificate of Occupancy, the Unit shall be inspected by the Housing Authority or the Zoning Officer to ensure the unit was built in substantial conformance with the permit plans and this Resolution. 4. The permit plans shall designate one on -site parking space for the Accessory Dwelling Unit which is not stacked with a space for the primary residence. 5. The Planning and Zoning Commission hereby waives the "Volume" and "Garage placement" elements of the Residential Design Standards for this project. Any substantial change to the proposed residence which necessitates an additional or different variance from the design standards shall require review and approval by the Design Review Appeal Committee, or any other board from which the project requires land use approval. 6. The building envelope for this parcel shall coincide with the zoning setbacks for this parcel. The top -of -slope does not occur within the parcel boundaries. The front yard shall be measured from the Bay Street parcel line. No development may occur outside of this building envelope accept as represented on the proposed landscape plan. The applicant shall provide a landscape plan, with the building envelope shown, with the building permit set for review and approval. 7. The building envelope shall be barricaded to protect existing vegetation prior to issuance of a building permit. Adequate construction access should be placed to minimize disturbance to the existing vegetation but does not need to be barricaded. 8. All exterior lighting shall be downcast and not used to accentuate architectural or landscape features of the property. 9. The applicant shall, to the extent practical, coordinate the relocation of the cabin and smaller �..., accessory structure with Denise Reich, neighbor. This condition shall not be construed to be a condition of this development proposal. 1111111111111111111111111111111111111111111111111131 IIII 423440 10/20/1998 11:11A RESOLUTI DAVIS SILVI 2 of 4 R 21.00 0 0.00 N 0.00 PITKIN COUNTY CO ,.� 10. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees as per Section 13.20.020 of the Code. 11. Prior to issuance of a building permit, the applicant shall complete a tap permit and shall pay all connection charges due to the Aspen Consolidated Sanitation District. The applicant shall connect the ADU to the sanitary sewer in a manner acceptable to the ACSD superintendent. 12. Prior to issuance of a building permit, the applicant shall obtain a permit from the Environmental Health Department for any certified woodstoves or gas log fireplaces (new coal- & woodburning fireplaces are not allowed). 13. Prior to issuance of a building permit, the applicant shall submit a drainage report and a drainage plan, including a erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on -site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2 year storm frequency should be used in designing any drainage improvements. 14. Prior to issuance of a Certificate of Occupancy, the applicant shall provide a Floodplain Elevation Certificate, demonstrating the structure has been constructed according to requirements of building within the floodplain, to the City Engineer. 15. Prior to issuance of a building permit, the applicant shall complete and record an agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. 16. All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in any public right-of-way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Meter locations must be accessible for reading and may not be obstructed. 17. The applicant must receive approval for any work within public rights -of -way from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 18. All construction vehicles, materials, and debris shall be maintained on -site and not within public rights -of -way unless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the 2 hour residential parking limitation of the area. The applicant shall inform the contractor of this condition. 19. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 10 p.m. 20. Before issuance of a.building permit, the applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 21. 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 /100 , conditions of approval, unless otherwise amended by other conditions. 1 llflll fllll Illlfl lllllf llll fllll fllffl III 1f1i1 illl Ilfl 423440 10/20/2998 11:11A RESOLUTI DAVIS SILVI 3 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CO • 40 MAY IT FURTHER BE RESOLVED by the commission: that u7th regards the proposed guest parking along the north side of,e property which represents a second curb cut disallowed by the I p R44 d�, $l 4sposition of this Planning and Zoning Commission is that upon curbing and jutt€osig.of Bay Street the City should allow for a second curb cut for' e ,ihis, ocat &a.. This disposition does not create a legal or vested right. APPROVED by the Commission at its regular meeting on September 15, 1998 APPROVED AS TO FORM: City Attorney ATTEST: I ckie Lothian, eputy City Clerk PLANNING AND ZONING COMMISSION: Sara Garton, Chair 111111111111111111111111111111111111111i11111111111� Itt1 423440 10/20/1998 11:11R RESOL 4 of 4 R 21.00 0 0.00 N 0.00 PITKIN COUNTY CO r, l U) N Ln _I m N 1 e m N Q r Y Umx 1 _ 3aF r-O J Ir ru O c rn 1� N�� C O oLiOa V. ru CD LU- w 2 I-- 'olu v t LL 0 < \ a'u - < U �w-m �` m b WaUfg2 � � 1 ZodQ= J C- LLLA .0 i F Cl) R w > z w HLL p F-w . rQ w Q( zi a0 l U) N Ln _I m N 1 e m N Q r Y Umx 1 _ 3aF r-O J Ir ru O c rn 1� N�� C O oLiOa V. ru CD LU- w 2 I-- 'olu v t LL 0 < \ a'u - < U �w-m �` m b WaUfg2 � � 1 ZodQ= J C- LLLA .0 i F Cl) R w > z w HLL p F-w . rQ w Q( zi a0 • L�J 130 S. Galena St. Aspen CO 81611 (970) 920-5090 (970) 920-5439, fax To: Herb Klein From: James Lindt Fax: 925-3977 Pages: Phone: Date: Re: Pfeifer ADU Amendment CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle 0 Comments: Hi Herb, Please find attached the approve Pfeifer ADU conversion decision notice. Please have the Pfeifers sign the decision notice and return it so that we have an executed copy for our files. They will need to contact Cindy Christensen to have a standard ADU deed restriction prepared and recorded. Please let me know if you have any questions. Thanks, James KLEIN, COTE & EDWARDS, LLC ATTORNEYS AT LAW HERBERT S. KLEIN hsk@kcelaw.net LANCE R. COTE, PC* Irc@kcelaw.net JOSEPH E. EDWARDS, BI, PC jee a(Jcl celaw.net EBEN P. CLARK epc@kcelaw.net MADHU B. KRISHNAMURTI mbk u()� ccelaw.net • also admitted in California February 9, 2006 VIA HAND DELIVERY James Lindt Aspen Community Development Department 130 S. Galena St. Aspen, CO. 81611 201 NORTH MILL STREET, STE. 203 ASPEN, COLORADO 81611 TELEPHONE: (970) 925-8700 FACSIMB.E: (970) 925-3977 Re: Pfeifer Application to Convert an EDU Deed Restriction to an ADU Deed Restriction — 270 N. Spring St., Aspen, CO (the "Property"). Dear James: This office represents Gene and Linda Pfeifer, the owners of the Property described above. Recently the Pfeifer's submitted an application to the Community Development Office seeking approval to convert an EDU restriction on the Property to a voluntary ADU under section 26.520.090. The Pfeifer's paid the filing fee and expected the application to be processed. The Pfeifer's also provided you with their tax assessment information and were told that under the Code's formula for the conversion, which expressly states that it is based on the Assessed Value of the Property, the amount they would have to pay was $22,927.60. Shortly after that, they were told that the Director of Community Development said that the Code's formula should use the Actual Value of the Property, not its Assessed Value. By using Actual Value, the amount payable would be $288,025.68. Clearly, this is a substantial increase in the amount that should be payable using the Code's formula. We disagree with the Director's application of the Code. We question whether this is even an issue that can be interpreted by the Director since the Code's language is clear and unambiguous. The Code not only refers to the Assessed Value in the formula, but there is also an interpretative note placed in the Code directly below the formula that re -iterates that the Assessed Value is to be used. This note states: "The assessed value of the lot plus improvements shall be that value assigned to the lot and improvements in the most current assessment made by the Pitkin County Assessor." Mr. and Mrs. Pfeifer recently received their 2005 tax bill which contains an updated Assessor's valuation of the Assessed Value which has increased from $378,040 to $384,450. Under the formula, the payment for the conversion is calculated as follows: 268 (bonus floor area) x 384,450 (assessed valuation)/ 4419(floor area excluding bonus floor area) = $23,315.82. James Lindt • • Aspen Community Development Department February 9, 2006 Page 2 A check payable to the Aspen/Pitkin County Housing Authority in that amount is attached with this letter. If the check should be payable to a different entity, please let me know immediately and we will provide it. The Code is clear and we request that you process the application using the components of the formula as stated in the adopted Code. Notwithstanding our request for processing this application under the Code's Section 26.520.090, we do not waive our right to challenge the EDU deed restriction and its enforceability based upon applicable state and federal law. Thank you for your assistance in handling this matter. I look forward to hearing from you shortly. Very truly yours, KLEIN, COTE & EDWARDS, LLC WE 1W Herbert Enclosure cc: Gene Pfeifer PfeiferVindt Itr vl.doc rr I U) I N i c N CA Cl) O Q1 LLJ N N Q LLJLL co ft W- O 0 O 4 p' O ZU)[OL� a� Dz--J Or- 0: � U2Ik x z ulw•a Rujz CL 0 FL Ln < a. 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