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Home My WebLink Aboutcoa.pi.101 Dale Ave.-Nichols 1997 f 1I11111111111111111111111111111111111111111111111111111 408262 09/10/1997 10:22A AGREEMEN DAVIS SILVI 1 of 2 R 11.00 D 0.00 N 0.00 PITKINCO COLORADO SIDEWALK, CURB AND GUTTER IMPROVEMENT AGREEMENT . BETWEEN THE CITY OF ASPEN AND aA R. y J ~/cJw/j (hereinafter "Owner") WHEREAS Owner( s) is (are) the owner( s) of the real property located at (street address and legal description of property) IDI VAL'; Av.c= L oTs j~ / ~Se~AA i , DAI<?- Avo!' 76117<-1<- 6 72wr!.l::>(;L.,. ~ Aspen, Colorado, and WHEREAS, Owner has recently completed new construction and desires to obtain a certificate of occupancy; and WHEREAS, Owner's property is within a zone district or other area as designated on the City of Aspen adopted sidewalk, curb and gutter plan requiring construction of curb, gutter and sidewalk prior to issuance of a certificate of occupancy or, in lieu thereof, an agreement for future construction pursuant to Section 21.16.050 of the Municipal Code; and WHEREA,S, the City Engineer does not recommend the construction of curb, gutter and sidewalk on p\lblic, right-of-way adjacent to Owner's property at this time due to existing , , improvemehtsor conditio~s: ", -:-., .' /-" '. NOW, THEREFORE" the' parties agree as follows: '. ,.' '. 1. Owner agrees :to construct curb, gutter and sidewalk, meeting City specifications, along the frontage of Owner's property (approximately .J q b feet), together with associated street asphalt pavement work, at such time as the City of Aspen deems construction necessary and feasible. It is acknowledged by all parties that the present requirement is for two (2) foot gutter, six (6) inch vertical curb, and five (5) foot wide concrete sidewalk with five foot snow storage between sidewalk and curb, or as otherwise specified in the City of Aspen Sidewalk, Curb and Gutter Specifications in effect at the time of construction. As provided for in Section 21.16.060, Owner agrees to pave driveway from curb to property line. 2. In the alternative, at the City's option, the City may construct the above improvements and Owner shall reimburse the City for all costs of such construction. Reimbursement shall be 1 " . "- .' 1111111111111111111111111111111111111111111111111111111 408262 09/10/1997 10:22A AGREEMEN DAVIS SILVI 2 of 2 R 11,00 D 0,00 N 0.00 PITKINCO COLORADO made to the City within ninety (90) days after receipt of invoice. In the event of failure to pay, the cost shall be placed as a lien against the property to run with the land. 3. In the event that the City determines that sidewalk shall be constructed on one side of the street only, and if that side is Owner's side of street, Owner agrees to pay to construct the sidewalk with reimbursement of half the cost at a later date if the property across the street from Owner is developed. If the City determines that the sidewalk shall be constructed across the street from the Owner, Owner shall participate in the cost of the sidewalk in the amount of half of the cost. 4. This agreement shall be binding and shall insure to the benefit of the heirs, assigns, and successors in title of the parties hereto. :~~~;fOf,~1 State of Colorado" ". 1,' ~~: County of Pitkin" ,~'t . The foregoing instnunent~lis ac~owledged before me this 19f1, by ,1912-. S day of s;, pip "'1 /n'- v My commission expires: My Commission expires OS/24/2001 Address: CITY OF ASPEN, COLORADO, A Municipal Corporation Approved as to form: . ~f:nc~ ...$/8/"16 / KM96.81 2 .._.~.__~__________"",__'~'_'__""""wo_,,'_"'"'_ _ ""'"'" RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT, 8040 GREENLlNE APPROVAL, AND MOUNTAIN VIEW PLANE APPROVAL FOR THE MARCIANO RESIDENCE LOCATED AT 918 SOUTH MILL STREET, CITY OF ASPEN Resolution #97 - a f WHEREAS, the Community Development Department received an application from Horsehead Incorporated, a Colorado Corporation, owner and applicant, for an 8040 Greenline Review and a Mountain View Plane Review for a duplex of approximately 4,727 square feet, and a Conditional Use Review for an attached Accessory Dwelling Unit of approximately six hundred (600) square feet, on a 6,724 parcel of land in the Lodge/Tourist Residential (L/TR) Zone District located at 918 South Mill Street further described in Exhibit A of this Resolution. WHEREAS, the subject parcel is approximately 138 horizontal feet from elevation 8,040 and, pursuant to Section 26.68.030, development above or within 150 horizontal feet of elevation 8,040 feet, in conformance with the review criteria of said Section, may be approved by the Planning and Zoning Commission; and, WHEREAS, the subject parcel is within the view plane as projected from the second floor of the Wheeler Opera House and, pursuant to Section 26.68.050, development within this view plane, in conformance with the review criteria of said Section, may be approved by the Planning and Zoning Commission; and, WHEREAS, pursuant to Section 26.100.050, a 600 square foot Accessory Dwelling Unit qualifies the development of two free-market units in a duplex on a lot created before November 14, 1977, for an exemption from the Growth Management Quota System; and, WHEREAS, pursuant to Section 26.40.090 ofthe Aspen Municipal Code, Accessory Dwelling Units may be approved by the Planning and Zoning Commission as Conditional Uses in conformance with the requirements of said Section; and, WHEREAS, the Housing Office, Water Department, Fire Marshall, Environmental Health Department, Aspen Consolidated Sanitation District, City Engineering, Parks Department and Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, during a public hearing at a regular meeting on August 19, 1997, the Planning and Zoning Commission approved by a 4-1 vote the Conditional Use for an Accessory Dwelling Unit, the 8040 Greenline Review, and the Mountain View Plane Review for the Marciano duplex, 918 South Mill Street, with the conditions recommended by the Community Development Department, as amended by the Commission during the public hearing. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Conditional Use for an attached Accessory Dwelling Unit, the 8040 Greenline Review, and the Mountain View Plane Review for the proposed duplex residence at 918 South Mill Street is approved with the following conditions: - 0 -..e ~>a: _....a: _"0 ="'~ -IIIU !!!!!! .. _>0 _a:u _ez - .. ==...~ -........ _:::>.. -....lL -0 _11I151 -....151 =a:. -151 =a: _...z _N =.s;: -.. . -151 !!!!!! .. -me -m -"151 !!!!!!...... C5) _151' -.... _.....N -m iiiii Q e: -...... =... -N'" -"0 !!!!!! 151 -..... .M.... Prior to issuance of a building permit, the applicant shall submit a revised Site Improvement Survey that includes all easements, utility locations, existing and proposed improvements, and describes the caliper and species of all existing trees. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees as per Section \3 .20.020 of the Code. Prior to issuance of a building permit, the applicant shall submit appropriate development plans in accordance with all requirements of the L/TR Zone District and Residential Design Standard's with the following exception: A duplex of no more than 4,800 square feet of FAR shall be permitted. A 600- 700 square foot Accessory Dwelling Unit and associated parking space shall be clearly delineated on the development plans. The ADU deed restriction shall be noted on the development plans. Appropriate design considerations to prevent snow from shedding onto the entrance to the ADU shall be incorporated. Prior to the issuance of any building permits the owner shall: a) Verify with the Housing Office that the Accessory Dwelling Unit contains between 600 and 700 square feet and clearly meets the definition of an Accessory Dwelling Unit; b) Verify with the Housing Office that the ADU will contain a kitchen having a minimum of a two-burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer; c) Provide the Housing Office with a signed and recorded Deed Restriction, a copy of which must be obtained from the Housing Office; d) Clearly identify the Accessory Dwelling Unit (ADU) on building permit plans with the minimum one (I) off-street parking space provided. Clearly note on the building permit plans that the applicant has not requested, nor has the Commission granted, an FAR bonus for the ADU. Prior to issuance of a Certificate of Occupancy, the Housing Office and/or the Zoning Officer shall inspect the accessory dwelling unit for compliance with all appropriate standards in Section 26.40.090 of the Code and any conditions of approval. 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 (coal- & woodburning fireplaces are not allowed); and, for a fugitive dust control plan. Construction must be accomplished in such a way as not to create a nuisance as defined in the Municipal Code. Construction cannot take place between the hours of 6 p.m. and 7:30 a.m., and shall be limited to Mondays through Saturdays, as agreed to by the applicant. The applicant is encouraged to accommodate the concerns of neighbors related to construction schedules, noise, dust, and debris. 6. Prior to issuance of a building permit: The applicant shall complete a water tap permit for a tap sized for the required fire suppression system and for the domestic use; the Water Department shall inspect plans for a water pressure booster system; and, the Fire Marshall shall inspect plans for a fire suppression system. 7. Prior to issuance of a building permit, the applicant shall obtain a tap permit from, and pay connection charges to, the Aspen Consolidated Sanitation District. A shared service line agreement must be completed if the proposed development will be connected with a single sanitary line. Sources of clear water may not be directed to the sanitary sewer. Floor drains within the garage structure must incorporate oil and sand separators. I. 2. 3. 4. 5. 8. Before issuance of a building permit, the applicant shall submit a drainage mitigation plan and a report, both signed and stamped by a Geotechnical Engineer registered in - 0 -..e !!!!>CE _....a: _"0 =IIIc1 -IIIU =.. _>0 _a:u _ez = .. _":00: -........ _:::>.. -....lL -0 -11I151 -....151 =a:, -151 =a: _...z _N =..151 _151151 .. . -151 !!!!!!.. -me -m -"151 ~"""C5'I _151' -.... _'-N -m ~C5'IG:: -..... =... -N~ -"'0 !!!!!! 151 _"N '."", -~.". 9. 10. Colorado. This plan must accommodate drainage both during and after construction and must confirm the drywell system can be constructed without causing damage to down gradient properties. If a metered delayed-release system is to be used, a licensed Civil Engineer must complete the design. For the proposed excavation, the applicant shall submit a stabilization plan signed and stamped by an Engineer registered in Colorado. 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. The applicant is encouraged, but not required, to dedicate 2 1/2 foot wide sidewalk and pedestrian easement along the entire South Mill Street frontage. Prior to issuance of a building permit, the applicant shall submit GIS data including property lines, building footprints, easements, and encroachments. Prior to issuance of a certificate of occupancy, any utilities and/or easements located contrary to the site improvement survey submitted for the building permit must be delineated on a revised site improvement survey. 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. 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. Before issuance of a building permit, the applicant shall record this Planning and Zoning Resolution with the County Clerk and Recorder. 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. The owner shall connect into any future storm drainage improvements along South Mill Street to the approval of the City Engineer. II. 12. 13. 14. 15. 16. APPROVED by the Commission at its regular meeting on August 19, 1997. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: n--Ll City Attorney fj- ~ cx:I~ Sara Garton, Chair ATTEST: 111111I1111I111111 11111 111111 11I111111111I1111111I11111 . 408263 09/10/1997 10:23A RESOLUTI DAVIS SILVI 3 of 4 R 21.00 D 0,00 N 0.00 PITKINCO COLORADO EXHIBIT A A parcel of land being portions of Lots 3, 4 and 5 within the Little - Chief Lode USMS 3850, Capitol Hill Addition to the City and Townsite of Aspen and a portion of the Big Chief Lode USMS 4327 all situated in the SWl/4 NWl/4 of Section 19, Township 10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado described as follows: Beginning at the Northeast corner of Lot 3, Capitol Hill Addition thence N 75009'W 99.18 feet to the Easterly right of way of South Mill Street; thence S 14055'27" W 67.63 feet along the Easterly right of way of South Mill Street to the intersection of the Northerly line of Lot 3 Aspen Mountain Subdivision; thence S 74055' E 99,08 feet along the Northerly line of Lot 3, Aspen Mountain Subdivision; thence N 15000' E 68.03 feet along the line of Lot 3, Aspen Mountain Subdivision and Lot 12 Anthony Acres Subdivision to the point of beginning. 1111111111111111111111111111111111111111111111111111111 408263 09/10/1997 10:23A RESOLUTI DAVIS SILVI 4 of 4 R 21,00 D 0.00 N 0,00 PITKINCO COLORADO ..'~;:;>_ '.',:::,tt::> " '. -",' . , '.'", "S- ,,~ )" , ~"':'"' ,