HomeMy WebLinkAboutLand Use Case.CU.234 W Francis St.A25-93
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED:
DATE COMPLETE:
041/..1/93
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Vidor Conditional
PARCEL ID AND CASE NO.
2735-124-17-003 A25-93
STAFF MEMBER: KJ
Use Review for an Accessorv
PROJECT NAME:
Dwellinq unit
Project Address: 234 W. Francis
Legal Address: Lots K.L & M. Block
48. citv of Aspen
APPLICANT: Ouentin Vidor
Applicant Address: 925 Gibson
REPRESENTATIVE: John Schenck.
Representative Address/Phone:
920-7768
Ave.. Aspen. CO
Charles Cunniffe Architects
520 E. Hvman
Aspen. CO 81611 925-5590
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FEES: PLANNING
ENGINEER
HOUSING
ENV. HEALTH
TOTAL
$
$
$
$
$
o
# APPS RECEIVED
# PLATS RECEIVED
3
3
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP:
P&Z Meeting Date '5';; 6 PUBLIC HEARING: ~ NO
I VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
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ERRALS:
City Attorney Parks Dept. School District
city Engineer Bldg Inspector Rocky Mtn NatGas
Housing Dir. Fire Marshal CDOT
Aspen Water Holy Cross Clean Air Board
City Electric Mtn. Bell Open Space Board
Envir.Hlth. ACSD Other
Zoning Energy Center Other
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___ City Atty ___ City Engineer ___Zoning ___Env. Health
___ Housing ___ Open Space Other:
FILE STATUS AND LOCATION:
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A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE
APPROVAL OF A CONDITIONAL USE FOR A DETACHED ACCESSORY DWELLING
UNIT ABOVE IN AN EXISTING OUTBUILDING AT 234 W. FRANCIS (LOTS K,L
AND M, BLOCK 48, TOWNSITE OF ASPEN) IN THE NAME OF QUENTIN VIDOR
Resolution No. 93-~
WHEREAS, pursuant to Section 5-510 of the Aspen Land Use
Regulations Ordinance 60 (Series 1990) detached accessory dwelling
units may be approved by the Planning and Zoning commission as
conditional uses in conformance with the requirements of said
Section and Ordinance; and
WHEREAS, the Planning Office received an application from
Quentin Vidor for a Conditional Use review for a 694 s.f. studio
accessory dwelling unit in the existing storage outbuilding at his
residence; and
WHEREAS, the design of the proposed accessory dwelling
renovation was approved by the Historic Preservation Committee on
May 12, 1993 including a variation to the sideyard setback; and
WHEREAS, the Housing Office and
the Conditional Use proposal and
conditions; and
..~\ WHEREAS, during a public hearing at a regular meeting on May
18, 1993 the Planning and Zoning commission approved by a
6-0 vote the Conditional Use review for the Vidor accessory
dwelling unit with the conditions recommended by the Planning
Office.
the Planning Office reviewed
recommended approval with
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Vidor Conditional Use for a 694 s.f. net livable detached
above-grade accessory dwelling unit is approved with the following
conditions:
1. The owner shall submit the appropriate deed restriction to the
Aspen/Pitkin County Housing Office for approval. The
accessory dwelling unit shall be deed restricted to resident
occupancy with minimum 6 month leases. Upon approval by the
Housing Office, the Owner shall record the deed restriction
with the Pitkin County Clerk and Recorder's Office.
2. Pr ior to issuance of any bui lding permits, a copy of the
recorded deed restriction for the accessory dwelling unit must
be forwarded to the Planning Office.
3. The applicant shall submit a site plan showing a pathway from
the parking space to the entry of the unit.
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MEMORANDUM
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TO:
Planning and Zoning Commission
FROM:
Kim Johnson, Planner
RE:
vidor Conditional Use for a Detached Accessory Dwelling
unit - Public Hearing
DATE:
May 18, 1993
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SUMMARY: The Planning Office recommends approval of the Vidor
Conditional Use for a 694 s.f. accessory dwelling unit to be
created within an existing carriage house with conditions.
APPLICANT: Quentin Vidor, represented by John Schenck
LOCATION: 234 W. Francis (Lots K,L,and M, Block 48)
ZONING: R-6
APPLICANT'S REQUEST: The applicant requests Conditional Use for
the voluntary construction of an accessory dwelling unit within
an existing outbuilding currently used for storage. The 9,000 s. f .
site is also occupied by a duplex which is an historic landmark.
The one bedroom (10ft style) accessory dwelling unit will be
approximately 694 s.f. Because the ADU is 100% above grade the
applicant is eligible for an FAR bonus for the property. The
applicant has submitted floor plan, elevation, and site drawings
for the proposed ADU. See Exhibit "A".
PROCESS: The Planning commission shall make a determination on the
Conditional Use for the accessory dwelling unit. The HPC reviews
design compatibility.
REFERRAL COMMENTS: Housing: The proposed unit must meet the
requirements of section 24-5-510 of the Aspen Municipal Code. It
shall be between 300 and 700 square feet of net livable area, deed
restricted to resident occupancy, and have minimum lease periods
of 6 months. The deed restriction shall be approved by the Housing
Office, recorded with the County Clerk, and proof of recordation
forwarded to the Housing Office prior to issuance of any building
permits for the site.
Historic Preservation Committee (HPC) - On May 12, 1993 the HPC
approved the remodel of the outbuilding, including a sideyard
setback variation of 8' for the bathroom addition.
STAFF COMMENTS: The Commission has the authority to review and
approve development applications for conditional uses pursuant to
the standards of section 7-304:
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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.
RESPONSE: This proposed unit will allow the property to house
local employees in a residential area, which complies with the
zoning and Aspen Area Comprehensive Plan.
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.
RESPONSE: The re-use of the carriage house as an accessory
dwelling is compatible with the principal dwellings and other
residential uses in the surrounding neighborhood. The proposal
includes one new parking space where currently there is none.
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.
RESPONSE: The applicant is proposing a new parking space on site
for the ADU. Staff supports this whole-heartedly. No spaces are
currently provided for the existing duplex. A parking space is not
required by code for a one bedroom accessory unit. No other
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.
RESPONSE: All public facilities are all ready in place for the
existing home and neighborhood.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use.
RESPONSE: The applicant must file appropriate deed restrictions
for resident occupancy, including 6 month minimum leases. Proof
of recordation must be forwarded to the Planning Office and Housing
Office prior to issuance of any building permits.
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F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this chapter.
RESPONSE: This use complies with the Aspen Area Comprehensive Plan
and any other applicable conditional use standards.
Detached ADU Review Criteria: Specific to detached ADU's the
following review criteria shall apply:
1. The proposed development is compatible and subordinate in
character with the primary residence located on the parcel and
with the development within the neighborhood.
RESPONSE: The victorian character of the primary residence (duplex)
has been considered and approved conceptually by the HPC. Reuse
of the carriage house is in character with the neighborhood and
intent of the Cottage In-fill Ordinance.
2. In the case where the proposed detached accessory dwelling
unit is located on a Landmark designated parcel, only HPC may
make dimensional variations pursuant to the standards of
section 5-508 B.
RESPONSE: As discussed in the HPC referral section above, this
project has received HPC approval for an 8' variation of the side
yard setbacks for the bathroom addition.
3. The Planning and Zoning commission or the HPC may exempt
existing non-conforming structures, being converted to a
detached accessory dwelling unit, from section 5-508 B.2. (a-
g) provided that the non-conformity is not increased.
RESPONSE: This criteria does not apply as the HPC has approved the
design and dimensional variations.
Please Note: As this accessory dwelling unit is 100% above grade,
the main structure is eligible for floor area bonus not to exceed
one half of the floor area of the ADU as allowed by Ordinance 1.
STAFF RECOMMENDATION: Planning recommends approval of the Vidor
Conditional Use for a 694 s.f. detached accessory dwelling unit
with the following conditions:
1. The owner shall submit the appropriate deed restriction to the
Aspen/Pitkin County Housing Office for approval. The
accessory dwelling unit shall be deed restricted to resident
occupancy with minimum 6 month leases. Upon approval by the
Housing Office, the Owner shall record the deed restriction
with the Pitkin County Clerk and Recorder's Office.
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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. All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning commission and Historic Preservation committee shall
be adhered to and considered conditions of approval, unless
1. :)h~::;:r~ ~ of~ c;2~Jo:s~<Ld ~fv #:tI1~ 7:!~
RECO~ENDED MOTION: "I move approve a Conditional Use for a ~ VttJ
s.f. detached accessory dwelling unit within the existing carriage
house at the Vidor Residence at 234 W. Francis with the conditions
recommended in the Planning Office memo dated 5/18/93."
Exhibits:
"A" - Proposed site Plan, Floorplan, and Elevations
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ARCHITEGURE
PlANNING
INTERIORS
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Not every street or road Is
named on maps or listed in
street ~ Construction of
Itreets and reads may be In
progress In certain areas.
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Aspen
VICINITY MAP
CHARLES CUNNIFFE ARCHITECTS. 520 EAST HYMAN AVENUE. ASPEN. COLORADO 81611 . 303/925-55911 FAX 925-5076
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MEMORANDUM
To: Kim Johnson, Planning Office
From: Chuck Roth, City Engineer C2--t:.-
Date: May 17, 1993
Re: Vidor Conditional Use Review for Accessory Dwelling Unit
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Department has the following comments:
1. Parkin!! - The application plans shows the new parking space encroaching into the alley
along with the fence and does not show the dimensions of the space. The building permit
site plan must indicate the dimensions of the new parking space. The minimum code
requirement is 8 1/2' x 18' x 7' high for head-in spaces. The space(s) may not encroach
(extend) into the alley.
2. Sidewalk - The project site is located in the West End of Aspen where sidewalks are
not required but pedestrian usable sidewalk areas are required. The right-of-way space
between the property line and the street currently is usable by pedestrians, and no
development is indicated on the development plans which would preclude pedestrian use
within that space.
3. Encroachments - As shown on the development plans, the fences along second street
and in the alley encroach into the public rights-of-way. The applicant must obtain an
encroachment license for the fences prior to issuance of a building permit. Applications
are available from this department. The application fee is $320. At this time, there is no
obvious reason why an encroachment license would be denied. Alternatively, the applicant
could relocate the fence onto the applicant's private property.
4. Trash - The plan does not indicate a trash storage area. The trash area is currently
located within the alley right-of-way. The building permit application plans must indicate
a trash storage area on the applicant's property.
S. Site Drainage - Storm runoff does not appear to be a problem at this site.
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6. Development in the Public Right-of-way - Given the continuous problems of
unapproved work and development in public rights-of-way, 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 veg,etation species, and shall obtain permits for any work or
development, including landscaping, within public rights-of-way from city
streets department (920-5130).
Approval of building permit plans does not constitute approval of design or work in the
public right-of-way.
Recommended Conditions of Approval
1. The final development plans shall indicate location and dimensions of parking spaces
and shall indicate a trash storage area otltof-the public right-of-way.
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2. An encroachment license must b~.~\tiifled. for the fences prior to issuance of a
building permit, or the fences must be indicated to be relocated onto private property on
the final development plans.
cc: Bob Gish, Public Works Director
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Recommended Conditions of Am>roval
1. The building permit plan shall indicate the dimensions of
parking space and shall indicate a trash storage area out of
the public right-of-way.
2. An encroachment license must be obtained for the
fences prior to issuance of a building permit, or the fences
must be indicated to be relocated onto private property on
the final development plans.
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MEMORANDUM
TO:
Kim Johnson
FROM:
Cindy Christensen
DATE:
May 3, 1993
RE:
VIDOR CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING
UNIT
Paroel ID No. 2735-124-17-003/234 West Franois
After reviewing the
Office approves the
pursuant to Chapter
Municipal Code:
above-referenced application, the Housing
proposed attached accessory dwelling unit
24, section 5-510, of the City of Aspen
Accessory dwelling unns 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 unn shall be
deed restricted, meeting the housing authority's guidelines for resident occupied unns 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 unn.
Per the applicant's calculations, the accessory dwelling unit is to
be 694 square feet, contain a 9 foot by 9 foot bathroom, a kitchen,
and have a private entrance, which meets the minimum Housing Office
Guidelines.
The floor area requirement is for net liveable square feet as
defined by the Housing Office below:
Net Liveable SQuare FootaQe is calculated on interior living area and is measured interior wall to
interior wall, including all interior partitions Including, but not limited to, habnable basements and
interior storage areas, closets and laundry area. Exclusions include, but are nol limned to,
uninhabitabie basements, mechanical areas, exterior storage, stailWells, garages (enher attached or
detached), patios, decks and porches.
The net liveable square footage will have to be calculated for the
deed restriction. Prior to building permit approval, a signed and
recorded Deed Restriction must be completed. This process could
take from three to four days. The Housing Office must have the
recorded book and page number prior to building permit approval.
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1. GENERAL APPLICATION REQUIREMENTS
A. A letter of consent to representation is attached
as Exhibit 'A'.
B. The street address and legal description of the
proposed project is:
234 W Francis
Lots K,L,M, Block 48
Aspen, Co 81611
C. Disclosure of ownership is attached as Exhibit 'B'.
D. A vicinity map locating the subject parcel is
attached as Exhibit 'C'.
E. Description of Proposal
1. Main house
a. The existing house consists of two units,
An attached free market apartment, and the
main house. The free market unit contains two
bedrooms and the main house contains four. We
propose, through interior remodelling, to
remove three of the four bedrooms in the main
house. This would be a total reduction from
six bedrooms to three.
2 . outbuilding
a. Conversion of outbuilding to a
restricted Accessory Dwelling Unit.
existing outbuilding is currently used
storage. We propose to add amenities
create livable space.
deed
The
for
to
b. A new bath approximately 9' x 9' will be
added on the North side.
c. The
outbuilding
kitchen and
interior remodelling of the
will include the addition of a
a 10ft.
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3. site work
a. The property as it exists has no on site
parking. Though not required, we propose to
add a parking space at the northeast corner of
the site.
F. Compliance with relevant review standards
1.
consistency with the
obj ecti ves and standards
Comprehensive plan.
purposes, goals,
of the Aspen Area
The addition of a deed restricted Accessory
Dwelling unit in the West end of Aspen is
consistent with the Aspen Area comprehensive
plan because this proposal will provide much
needed employee housing.
2. Consistency with the intent of the Zone
District
The site is located in a medium density, R-6
zoned area. In keeping with the medium
density requirements the number of occupants
on site will be maintained.
The outbuilding remains detached,
addition to the north side is kept
preserve the general density of the
and the
small to
area.
3.
Consistency
character of
parcel.
The principle land use in the vicinity of the
parcel is residential. This development keeps
this pattern intact, while contributing to the
diversity of income levels in the area.
and compatibility with the
the immediate vicinity of the
This development preserves
outbuilding which is directly
character of the west end.
an historical
in line with the
4..
Effects of
operating
conditional
location, size,
characteristics
use
design and
of proposed
The visual impact of this proposal will be
extremely minimal because of the size and
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location
addition
building
street.
of the development. The small
is located on the back side of the
virtually out of sight from the
The impact on vehicular and pedestrian
circulation as a result of the creation of an
A.D.U. will be essentially maintained in
equilibrium by the removal of three bedrooms
in the main house.
the impact on parking will be favorable
because of the addition of a parking space at
the northeast corner, where formerly there was
no off street parking.
There will be no impact on trash service
because the proposed number of occupants on
site is unchanged.
This development will have little or no impact
on service delivery, noise, vibrations, or
odor on the surrounding properties, as the on
site functions will be unchanged by the
proposed addition.
5. Adequacy of public facilities and services
This conditional use development will be
serviced by the city of Aspen, insofar as the
roads, potable water, sewer, solid waste,
parks, police, fire protection, emergency
medical services, drainage systems, and
schools.
6. Commitment to supply affordable housing.
The applicant directly addresses this need for
affordable housing through this application
for a conditional use by supplying a deed
restricted accessory dwelling unit.
7. Compliance with all additional standards.
The proposed A. D. U. contains less than the
maximum total allowable floor area of seven
hundred (700) square feet, this area being six
hundred ninety four (694) square feet.
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Though it is not required of detached A.D.U.s
that are converted structures we will provide
secondary, alley access.
To preserve the historical character of the
property, the minimum side yard setback was
waived by the Historic Preservation Committee
for the addition on the north side of the
outbuilding. All other setbacks, however, are
in compliance.
The height of the A.D.U. is 14'-3". This does
not exceed the maximum height of sixteen (16)
feet.
The site coverage of this development is 21%
and does not exceed the maximum allowable of
30%
G. Specific submission contents
1. Sketch plan of site showing existing as
well as exterior elevations showing proposed
features for expansion of outbuilding are
attached as exhibit 'D'
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EXI-JIBITA
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February 17, 1993
ARCHITECTURE
PlANNING
INTERIORS
To Whom It May Concern,
As Owner of Lots K.L,M, Block 48, Aspen Township, also known as
the Davis waite house located at 234 West Francis street, Aspen,
Colorado, we authorize Charles Cunniffe Architects, 520 E. Hyman,
suite 301, Aspen, Colorado, 81611, (303) 925-5590, to represent
our interests in the minor historic development of the
aforementioned property.
'incer" ( ~
Mr. d..or
925 Gibson Avenue
Aspen, Colorado 81611
920-7768
CHARLES CUNNIFFE ARCHITECTS. 520 EAST HYMAN AVENUE. ASPEN, COLORADO 81611 .303/925-5590 FAX 925-5076
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...)-NID USE 1\PPLI=~ FO!lM
Vidor Remodel
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2) ProjectI.ocation 234 W.Fran"i" Lot" K T.,M, Rln('lr 48
Aspen, Colorado.
(irdicate ..L..=<t addresS, lot & bloclc n.mber, legal description 'IOhe:re --
awr:opriate) .
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Present Zoni.nJ
R-6
.4) Lot size 9,000 sq. it .
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5)
1Ipplicant's Name, J\ddreSS & Ih::>ne I Quentin Vidor
925 Gibson Ave., Aspen, CO 81?11- 920-77RR
6) Rep~ti.ve's~; Mdress & Ebone I John S"hen"k - q?s "SOlI)
.
Charles CunniffeArchitects
7) Type of 1Ipplication (please checlc all that apply):
A-O::>rrlitional Use _ D:lnCef'b.1a1 SPA' _ O:x>c:eptllal Historic rEv.
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Final SPA
_ Final. Historic pev.
8040 Greenline
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Final EUD
Minor Historic DeII'_
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. _ st:t:,eam Mat:gin
~ Historic IJem:>lition
M::>untain vie;t Plane
Subdivision .
. .:....- Historic resignation
O:xrlaniniuuiization-_ ~ lu=du~llt
~ QQ5 Allobnent
_ G'!$ Exexption.
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Tha property consists of a main 'house with an attached free
markev unit, as well as an unattached outbuilding preseritlv'
used fo~ storage. The house,' free market unit and.outbuildi~g
consist of approximately 2523 sq. ft.
9) D=xiption of ~~.t J\pplication
~tructural enhancement to roof & foundation of main house. Remodel
of main house upper level. & attic~ Structural enhancements of
10)
outbuilding. Remodel & addrtion to outbuilding, creating a deed
restrlcted A.D.U. Addltlon of on~ parking space (not required).
llave you at:t:achQ:l the followirg? . .
_ RespO..se. to Attactm>ent 2, Minilwm Sl,rn,;=:ion Oxlt.cnts
_ ResfXlo6e to Attactm>ent J, SpeCific 5',hn;=:ion o:nt.cnts .
RcSpC>nSe to At:t:ac:tm>ent 4, lleIriESl $turlaJ:ds for Your lIWliCatioo
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PUBLIC NOTICE
RE: VIDOR CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, May 18, 1993 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
Quentin Vidor, 925 Gibson Ave., Aspen, CO requesting approval of
a Conditional Use Review for a 694 square foot accessory dwelling
unit in an existing outbuilding. The property is located at 234
w. Francis, Lots K, L & M, Block 48, city and Townsite of Aspen.
For further information, contact Kim Johnson at the Aspen/Pitkin
Planning Office, 130 S. Galena st., Aspen, CO 920-5100.
s/Jasmine Tvare. Chairman
Planninq and zoninq Commission
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MAR 01 '93 13:22 WHEELER sa LAW APEEN
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f'riI Commonw~rth~
L.:::;J Land Title Insurance Company
SCHEDUI.E A-oW".mR' S POLICY
P.6/8
CASE NUMBER
PC'l'-6929C2
DATE OF POLICY
10/15/92 @ 12:50 P.M.
lU!OUNT OP INSURANCE
$ 1,175,000.00
POLIC:f NUMBI1;R
128-053556
1. NAME OP INSlJRED,
QUENTIN VIDOR
2. TEE ESTATll OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY mIS POLICY IS,
IN FEE SIMPLE
3. THE ESTATE OR INTEREST I1EFERIlED TO HEREIN IS AT DATE OF POLICY VESTED IN:
QUENTIN VIDOR
4. :I'Hl!: LAND I1EFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOws,
LOTS K, L, AND M, BLOCK 48, CITY AND TOWNSITE OF ASPEN. COUNTY OF
PITKIN, STATE OF COLORADO.
Q.t.!l. i ~, eX. cYa.n
Counterslgned Authorize Agent
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE.
ASPEN, COLORADO 81611
(303) 925-1766
THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON TI'.li:
COVER SHEET.
FOfm 4100