HomeMy WebLinkAboutLand Use Case.627 W Smuggler St.0039.2018.ASLU
Active/48477713.1
730 East Durant Avenue, Second Floor, Aspen, Colorado 81611-1557
Telephone: 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com
Curtis B. Sanders
Sherman & Howard L.L.C.
Direct Dial Number: 970.300.0114
E-mail: csanders@shermanhoward.com
May 18, 2018
Via Hand Delivery
Ben Anderson
City of Aspen Community Development Department
130 South Galena Street, Second Floor
Aspen, Colorado 81611
Re: Application for Amendment of an ADU or Carriage House Development Order
Pursuant to Section 26.520.090.C of the City of Aspen Land Use Code; 971 Ute Avenue,
Aspen, Colorado 81611; Pitkin County Assessor’s Parcel Identification No. 273718295029
(“Subject Property”)
Dear Mr. Anderson:
I represent Thomas P. Nerney and Christine Walker Nerney (collectively, the
“Applicants”) as contract purchasers of the above referenced Subject Property. Pursuant to this
letter and the attached documents, the Applicants hereby file their application for Amendment of
an ADU or Carriage House Development Order pursuant to Section 26.520.090.C of the City of
Aspen Land Use Code (“LUC”), and with respect to the Subject Property.
1. Introduction. As noted immediately above, this application (the “Application”) seeks
the City’s approval of an Amendment of an ADU or Carriage House Development Order with
respect to the Subject Property pursuant to Section 26.520.090.C of the City of Aspen Land Use
Code.
a. Applicable Provisions of City of Aspen Land Use Code (“LUC”). This
Application is submitted pursuant to the following provisions of the LUC:
(1) LUC Section 26.304 Common development review procedures; and
(2) LUC Section 26.520.090.C Removing an ADU/Carriage House.
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b. Additional Application Materials. The additional documents and materials
accompanying this Application consist of the following:
(1) Exhibit 1: Land Use Application Form for the Subject Property;
(2) Exhibit 1-A: Pre-Application Conference Summary;
(3) Exhibit 1-B: Proof of Ownership of the Subject Property;
(4) Exhibit 1-C Proof of Subject Property Owner’s Consent to Application;
(4) Exhibit 1-D: Vicinity Map;
(5) Exhibit 1-E: Authorization for Curtis B. Sanders to represent the Applicants;
(6) Exhibit 1-F: Agreement to Pay of Applicants;
(7) Exhibit 1-G: Homeowner Association Compliance Policy;
(8) Exhibit 2: Approval Resolution; and
(9) Exhibit 3: Deed Restriction.
2. Description of Subject Property. The Subject Property is legally described as all of
Lot 2 and the West 13 feet of Lot 1, Ute Addition to the City and Townsite of Aspen, Pitkin
County, Colorado, and includes and existing approximately 4,282 s.f. residence, which was
originally constructed in 1996 by a prior owner. When the Subject Property was redeveloped in
1996, the prior owner obtained conditional use approval for a 410 square foot accessory dwelling
unit (“ADU”) on the Property, pursuant to City of Aspen Planning and Zoning Commission
Resolution No. 2, Series of 1996 (the “1996 Approval Resolution”). A copy of the Approval
Resolution is attached hereto as Exhibit 2. Pursuant to the Approval Resolution, the prior
owners entered into an “Accessory Dwelling Unit Deed Restriction Pursuant to Section
26.40.090 of the City of Aspen Municipal Code” (“Deed Restriction”) recorded on June 19, 1996
as Reception No. 393847. A copy of the Deed Restriction is attached hereto as Exhibit 3. The
Deed Restriction provides, among other things, that occupancy of the ADU is on a voluntary
basis. Pursuant to the Approval Resolution, the prior owners constructed the existing ADU on
the property, which ADU is partially below-grade, and is accessible from a separate set of stairs,
leading to the exterior of the residence on the Subject Property. The Applicants have entered
into a contract to purchase the Subject Property, and are scheduled to close this purchase later
this month.
In connection with the Applicants’ due diligence investigation of the Subject Property,
the Applicants concluded that the existing ADU is not an appropriate use in connection with the
Subject Property, and therefore, it made sense to convert the ADU to a legal bedroom pursuant to
the provisions of the LUC. Accordingly, the Applicants have elected to pursue a vacation of the
Deed Restriction and elimination of the ADU, and to provide for the mitigation of the
elimination of the ADU with affordable housing mitigation for .38 full-time equivalents in the
form of Certificate of Affordable Housing Credits. The Applicants have contract with the seller
of the Subject Property for .04 Affordable Housing Credits, and have also negotiated with a third
party for the purchase of an additional .34 Affordable Housing Credits. The Applicants are
scheduled to close their purchase of the Certificate of Affordable Housing Credits simultaneous
with the closing of their purchase of the Subject Property.
3. Nature of Applicants’ Request. The Applicants are requesting the City’s approval
of: (1) the vacation of the Deed Restriction; (2) the physical removal of the ADU; and (3) the
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Applicants’ providing for the mitigation of the elimination of the ADU with affordable housing
mitigation for .38 FTEs in the form of Certificate of Affordable Housing Credits.
4. LUC Review Requirements.
a. LUC Section 26.304 - Common Development Review Procedures. LUC
Section 26.304 sets forth various requirements that generally apply to City of Aspen land use
applications. Pertinent to this Application, the Applicants’ representative has attended a
preapplication pursuant to LUC Section 26.304.020. The Applicants have submitted this
Application and paid the applicable fees pursuant to LUC Section 26.304.030. Pursuant to LUC
Section 26.304.040 and Exhibit 1-C to this Application, the Applicants have the authority to
submit this Application in connection with the Subject Property, and the Applicants have
designated the undersigned to act as Applicants’ authorized representative with respect to such
matters. With respect to the remaining provisions of LUC Section 26.304, the Applicants agree
to abide by such other provisions, and that the Applicants’ Application shall be processed and
reviewed by the City of Aspen pursuant to such provisions.
b. LUC Section 26.520.090.C – Removing an ADU/Carriage House. LUC
Section 26.520.090.C provides in its entirety as follows:
C. Removing an ADU/Carriage House. An amendment application that proposes to
physically remove an ADU or Carriage House from a property and vacate the deed restriction
may be approved by the Community Development Director if all of the following criteria are
met. To remove or decommission a Mandatory Occupancy ADU, the requirements of
26.520.090.B must first be met prior to complying with this subsection.
For an ADU or Carriage House developed prior to the adoption of Ordinance No. 35 Series
2015:
1. The applicant shall provide affordable housing mitigation for .38 full-time equivalents (FTEs).
Mitigation shall be provided at a Category 2 rate prior to issuance of any permit required to
accomplish the decommissioning or removal of the unit. This may be provided through
extinguishment of a Certificate of Affordable Housing Credit (See Chapter 26.540 – Certificates
of Affordable Housing Credit) or by providing a fee-in-lieu payment according to the rates
specified in the current Aspen/Piktin County Housing Authority Guidelines, as amended from
time to time. (Commentary – The .38 figure reflects a typical ADU being a studio or one-
bedroom unit housing 1.5 FTEs with an approximate 25% occupancy. 1.5 x .25 = .375, rounded
to .38.)
2. The physical changes necessary to remove the ADU/Carriage House have been accomplished
and issued a final inspection by the Chief Building Official. (Building permits are required.)
Once this has been accomplished, a release of deed restriction, acceptable to the City Attorney,
shall be completed and filed with the Pitkin County Clerk and Recorder.
For an ADU or Carriage House developed after the adoption of Ordinance No. 35, Series 2015
or for an ADU or Carriage House developed prior to this date which the applicant can
demonstrate was not developed for affordable housing mitigation purposes or to meet the
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requirements of a Development Order. (In other words, the unit must have been a “voluntary”
unit). Removing a voluntary unit may be approved by the Community Development Director if
all of the following criteria are met.
1. The physical changes necessary to remove or decommission the ADU/Carriage House have
been accomplished and issued a final inspection by the Chief Building Official. (Building permits
are required.) Once this has been accomplished, a release of deed restriction, acceptable to the
City Attorney, shall be completed and filed with the Pitkin County Clerk and Recorder. Removal
or decommissioning of a voluntary unit shall not require additional affordable housing
mitigation.
The Applicants respond to such criteria as follows:
(i) Compliance with Requirements for Mandatory Occupancy ADU’s. The ADU is
not a “Mandatory Occupancy” ADU, and therefore, the requirements of 26.520.090.B are not
required to first be met prior to complying with Subsection 26.520.090.C.
(ii) ADU’s Developed Prior to Adoption of Ordinance No. 35, Series 2015.
Ordinance No. 35, Series 2015 was adopted on October 12, 2015. As noted above, the ADU was
developed in 1996. Therefore, the ADU was developed prior to the adoption of Ordinance No.
35, Series of 2015, and the provisions of LUC Section 26.520.090.C governing ADU’s
developed after the adoption of Ordinance No. 35, Series of 2015, are not applicable to this
Application.
The Applicants shall provide for affordable housing mitigation for .38 FTE’s at a
Category 2 rate prior to issuance of any permit required to accomplish the decommissioning or
removal of the ADU through extinguishment of Certificate of Affordable Housing Credits. As
noted above, the Applicants have entered into a contract for the purchase of such Certificate of
Affordable Housing Credits evidencing such FTE’s, and will provide such Certificate of
Affordable Housing Credits to the City at the time of the Applicants’ de-commissioning of the
ADU. The Applicants agree that as a condition of the City’s approval of their Application the
physical changes necessary to remove the ADU shall have been accomplished and issued a final
inspection by the Chief Building Official prior to the recording of a release of the Deed
Restriction in the real estate records.
5. Conclusion. In light of the above, the Applicants respectfully request the City of
Aspen’s approval of the Applicants’ herein requests.
Sincerely,
Curtis B. Sanders
Enc.
cc: Thomas P. Nerney and Christine Walker Nerney
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMEN
Agreement to Pay Application Fees
An agreement between the City of Aspen ("City") and
Please type or print in all caps
Address of Property: 971 UTE AVENUE, ASPEN, COLORADO 81611
Property Owner Name: 971 AH LLC,A COLORADO LIMITED LIABILITY COMPANY
Representative Name (if different from Property Owner): CURTIS B. SANDERS, ESQ.
Billing Name and Address-Send Bills to: CURTIS B. SANDERS, ESQ., SHERMAN & HOWARD L.L.C., 730 EAST DURANT
AVENUE, SUITE 200,ASPEN, COLORADO 81611.
Contact info for billing: email: CSANDERS( SHERMANHOWARD.COM Phone: (970)300-0114
I understand that the City has adopted, via Ordinance No, 30, Series of 2017, review fees for Land Use applications and
payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner I am
responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand these flat fees are
non-fundable.
$. flat fee for $. flat fee for
$. flat fee for $. flat fee for
For Deposit cases only:The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at
this time to know the full extent or total costs involved in pressing the application. I understand that additional costs over and above the
deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of
sufficient information to enable legally required findings to me made for project consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to above listed billing address and not returned to the City shall be
considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for
such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences fop no-payment. I agree to pay the
following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an
application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional,
monthly billings to the City to reimburse the City for processing of my application at the hourly rates hereinafter stated.
$975.00 deposit for UP TO THREE hours of Community Development Department staff time. Additional time above the deposit amount
will be billed at$325.00 per hour.
$ deposit for hours of Engineering Department staff time. Additional time above the deposit
amount will be billed at$325.00 per hour.
City of Aspen:
Signature:
Jessica Garrow,AICP
Community Development Director PRINT Name:Thomas P. Nerney and Christine Wa ker Nerney
City Use:
Fees Due: $ Received$ Title:
Case#
November 2017 City of Aspen 130 S.Galena St.1(970)920 5090
Active/48477690.1
Active/48477742.1
LAND USE APPLICATION FORM
PROJECT:
Name:
Location:
Parcel ID # (REQUIRED)
Thomas P. Nerney and Christine Walker Nerney
971 Ute Avenue, Aspen, Colorado 81611
(Indicate street address, lot & block number, legal description where appropriate)
273718295029
APPLICANT:
Name:
Address:
Phone #:
Thomas P. Nerney and Christine Walker Nerney
c/o Curtis B. Sanders, Sherman & Howard L.L.C., 730 East Durant Street, Suite 200, Aspen, Colorado
81611
(970) 300-0114
REPRESENTATIVE:
Name:
Address:
Phone #:
Curtis B. Sanders, Sherman & Howard L.L.C.
730 East Durant Street, Suite 200, Aspen, Colorado 81611
(970) 300-0114
TYPE OF APPLICATION: (please check all that apply):
GMQS Exemption
GMQS Allotment
Special Review
ESA – 8040 Greenline, Stream
Margin, Hallam Lake Bluff,
Mountain View Plane
Commercial Design Review
Residential Design Variance
Conditional Use
Conceptual PUD
Final PUD (& PUD Amendment)
Subdivision
Subdivision Exemption (includes
condominiumization)
Lot Split
Lot Line Adjustment
Temporary Use
Text/Map Amendment
Conceptual SPA
Final SPA (& SPA Amendment)
Small Lodge Conversion/ Expansion
Other: Application for Amendment of an
ADU or Carriage House Development Order
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
The Property includes an existing single-family residence and ADU. The Property is subject to City of Aspen Planning and Zoning
Commission Resolution No. 2, Series of 1996 and Accessory Dwelling Unit Deed Restriction Pursuant to Section 26.40.090 of the
City of Aspen Municipal Code recorded on June 19, 1996 as Reception No. 393847
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
Have you attached the following? FEES DUE: $975.00
Pre-Application Conference Summary
Attachment #1, Signed Fee Agreement
Response to Attachment #3, Dimensional Requirements Form
Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
3-D Model for large project
All plans that are larger than 8.5” X 11” must be folded. A disk with an electric copy of all written text (Microsoft Word
Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-
application conference summary will indicate if you must submit a 3-D model.
Applicants propose: (1) the vacation of the recorded Accessory Dwelling Unit Deed Restriction; (2) the physical removal of the
Accessory Dwelling Unit; and (3) mitigation of the elimination of the ADU with affordable housing mitigation for .38 FTEs in the
form of Certificate of Affordable Housing Credits.
ASLU
ADU/Carriage House
971 Ute Avenue
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Ben Anderson, 429.2765 DATE: May 14, 2018
PROJECT: 971 Ute Ave.
REPRESENTATIVE: Curtis Sanders
TYPE OF APPLICATION: Amendment of an ADU or Carriage House Development Order
DESCRIPTION:
The owner is interested in providing cash-in-lieu mitigation or a certificate of affordable housing credit to
remove the deed restricted Accessory Dwelling Unit (ADU) at 971 Ute Ave. Approved as a Conditional
Use in 1996 via P&Z Resolution No. 2., the ADU is a ”voluntary” unit – meaning that it was not required
to be rented, but if it was, only an APCHA qualified tenant could rent the unit.
To remove the deed restriction pursuant to Aspen Municipal Code Section 26.520.090.C, the applicant
shall provide mitigation for 0.38 Category 2 Full-time Equivalent employees in the form of Affordable
Housing Certificates or fee-in-lieu. The current fee-in-lieu rate for Category 2 is $342,599.02, per FTE so
mitigation by that method would be 0.38 x $342,599.02 = $130,187.62. Additionally, the Applicant shall
obtain a building permit to decommission the ADU by removing the kitchen. A final inspection shall be
issued prior to the release of the deed restriction. The release shall be accepted by the City Attorney and
filed with the Pitkin County Clerk and Recorder.
Below is a link to the Land Use Application Form for your convenience:
https://www.cityofaspen.com/DocumentCenter/View/1835
The City of Aspen Land Use Code can be accessed at:
https://www.cityofaspen.com/191/Municipal-Code
Land Use Code Section(s)
26.304 Common development review procedures
26.520.090.C Removing an ADU/Carriage House
Review by: Staff for application completeness and Community Development Director for
decision
Public Hearing: N/A
Planning Fees: $975 planning deposit for up to three billable hours. Additional/lesser hours
billed/refunded at $325 per hour.
Total Deposit: $975
To apply, submit one complete copy of the following information:
Completed Land Use Application and signed fee agreement.
Pre-application Conference Summary (this document).
Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current (no older than 6 months) certificate from a title insurance company, an
ownership and encumbrance report, or attorney licensed to practice in the State of Colorado,
listing the names of all owners of the property, and all mortgages, judgments, liens,
easements, contracts and agreements affecting the parcel, and demonstrating the owner’s
right to apply for the Development Application.
Applicant’s name, address and telephone number in a letter signed by the applicant that states
the name, address and telephone number of the representative authorized to act on behalf of
the applicant.
HOA Compliance form
A copy of the existing deed restriction related to the ADU.
Written responses to all review criteria in Sec. 26.520.090.C
An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.
Once the copy is deemed complete by staff, the following items will then need to be
submitted:
Total deposit for review of the application.
A digital copy of the application provided in pdf file format.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is
based on current zoning, which is subject to change in the future, and upon factual representations
that may or may not be accurate. The summary does not create a legal or vested right.
Active/48477699.1
730 East Durant Avenue, Suite 200, Aspen, Colorado 81611
Telephone: 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com
Curtis B. Sanders
Sherman & Howard L.L.C.
Direct Dial Number: 970.300.0114
E-mail: csanders@shermanhoward.com
May 17, 2018
City of Aspen
Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Aspen Dragonfly Partners III, LLC; T.B.D. Eighth Street, Aspen, Colorado 81611; Lot
4, Ranger Station “Subdivision”; Certificate of Ownership
Dear Sir or Madam:
I am an attorney licensed by the State of Colorado to practice law.
This letter shall confirm and certify that 971 AH LLC, a Colorado limited liability
company, is the owner of certain improved real property located at 971 Ute Avenue, Aspen,
Colorado 81611, and legally described as follows (the "Subject Property"):
Lot 2 and the West 13 feet of Lot 1, Ute Addition to the City and Townsite of Aspen,
Pitkin County, Colorado.
The Subject Property is subject to the following matters of record:
1. United States Patent recorded March 1, 1897 in Book 139 at Page 216.
2. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded
February 6, 1888 in Book 59 at Page 343.
3. Easements, rights of way and all matters as disclosed on Plat of subject property
recorded March 13,1897 in Plat Book 2 at Page 15.
4. Terms, conditions, provisions and obligations as set forth in License Agreement
recorded April 18, 1996 as Reception No. 391917.
5. Terms, conditions, provisions and obligations as set forth in Accessory Dwelling Unit
Deed Restriction recorded June 19, 1996 as Reception No. 393847.
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6. Terms, conditions, provisions and obligations as set forth in Agreement recorded
March 22, 2006 as Reception No. 522056 and re-recorded to add completed notary page April
12, 2006 as Reception No. 522889.
7. Terms, conditions, provisions and obligations as set forth in Declaration recorded
January 12, 2011 as Reception No. 576694
This letter shall further confirm that as the owner of the Subject Property, 971 AH LLC,
LLC has the right and authority to file and pursue land use applications, variance requests, and
other requests with the City of Aspen with respect to the Subject Property, as well as the right to
authorize others to file and pursue such matters in connection with the Subject Property.
Sincerely,
Curtis B. Sanders
971 An LLC
c/o Chris Souki
Co!dwell Banker Mason Morse
514 East Hyman Avenue
Aspen, Colorado 81611
May 16, 2018
City of Aspen
Community Development Department
130 South Galena Street, Third Floor
Aspen, Colorado 81611
Re: 971 Ute Avenue,Aspen, Colorado 81611 (the"Property")
Ladies and Gentlemen: •
I am writing as Manager of 971 AH LLC, a Colorado limited liability company,
which is the owner of the above referenced Property.
The current contract purchasers of the Property, Thomas P. Nerney and Christine
Walker Nerney, desire to apply for,pursue and obtain at their own expense the City of
Aspen's approval of an Amendment of an ADU or Carriage House Development Order
with respect to the Property pursuant to Section 26.520.090.0 of the City of Aspen Land
Use Code, but which approval would not be made until after Mr. and Mrs. Nerney
complete their purchase of the Property in the next few weeks.
This letter shall confirm that 971 AH LLC authorizes Mr. and Mrs. Nerney to •
apply for,pursue and obtain the City of Aspen's approval of an Amendment of an ADU
or Carriage House Development Order with respect to the Property pursuant to Section
26.520.090.0 of the City of Aspen Land Use Code in connection with the Property, and
any other applications and/or approvals which may be required by the City of Aspen in
connection therewith, including but not limited to, a building permit with respect to the
existing ADU located on the Property for purposes of removing any existing kitchen
improvements with respect to such ADU.
Please contact Mr. and Mrs. Nerney's attorney Curtis B. Sanders, Sherman &
Howard P.C., 730 East Durant Avenue, Suite 200, Aspen, Colorado 81611; (970) 925-
6300; csanders@shermanhoward.com with any questions.
97 , a .•lorado limited
ability�.r any
By: c,
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Active/48463095.1
12,0002,000.0Legend1:WGS_1984_Web_Mercator_Auxiliary_SphereFeet0 2,000.01,000.00 NotesVicinity Map of 971 Ute AvenueTHIS MAP IS FOR INFORMATIONAL PURPOSES.Pitkin County GIS makes no warranty or guaranteeconcerning the completeness, accuracy, or reliabilityof the content represented.Map Created on 1:54 PM 05/18/18 at http://www.pitkinmapsandmore.comDrivewayDriveway (fill)State HighwayRoad Centerline 9KPrimary RoadSecondary RoadService RoadRoad CenterlinePrimary RoadSecondary RoadParcel BoundaryFederal Land BoundaryBLMState of ColoradoUSFS
THOMAS P. NERNEY
CHRISTINE WALKER NERNEY
1190 Devon Park Drive
Wayne, Pennsylvania 19087
May 16, 2018
City of Aspen
Community Development Department
130 South Galena Street, Third Floor
Aspen, Colorado 81611
Re: 971 Ute Avenue,Aspen, Colorado 81611 (the "Property")
Ladies and Gentlemen:
We are writing as the contract purchasers of the above referenced Property.
We desire§to apply for, pursue, and obtain at our own expense the City of Aspen's
approval of an Amendment of an ADU or Carriage House Development Order with respect to
the Property, and pursuant to Section 26.520.090.0 of the City of Aspen Land Use Code.
This letter shall confirm that we authorize attorney Curtis B. Sanders of Sherman &
Howard L.L.C., and any other personnel of such firm to apply for, pursue and obtain the City of
Aspen's review and approval of an Amendment of an ADU or Carriage House Development
Order with respect to the Property pursuant to Section 26.520.090.0 of the City of Aspen Land
Use Code, and any other applications and/or approvals which may be required by the City of
Aspen in connection therewith, including but not limited to, a building permit with respect to the
existing ADU located on the Property for purposes of removing any existing kitchen
improvements with respect to such ADU.
Contact information for Curtis B. Sanders and Sherman & Howard L.L.C. are as follows:
Curtis B. Sanders, Esq.
Sherman & Howard L.L.C.
730 East Durant Avenue, Second Floor
Aspen, Colorado 81611
Tel. (970) 925-6300
Email: csanders@shermanhoward.com
Please contact the undersigned with any q ons. /
homas P. Nerney
01
Christine Walker Nerney ii
Active/48464244.1
Active/48477727.1
Homeowner Association Compliance Policy
All land use applications within the City of Aspen are required to include a Homeowner Association
Compliance Form (this form) certifying the scope of work included in the land use application complies
with all applicable covenants and homeowner association policies. The certification must be signed by
the property owner or Attorney representing the property owner.
Property
Owner (“I”):
Name:
971 AH LLC, a Colorado limited liability company
Email: csanders@shermanhoward.com Phone No.:(970) 300-0114
Address of
Property:
(subject of
application)
971 Ute Avenue, Aspen, Colorado 81611
I certify as follows: (pick one)
This property is not subject to a homeowners association or other form of private covenant.
□ This property is subject to a homeowners association or private covenant and the improvements
proposed in this land use application do not require approval by the homeowners association or
covenant beneficiary.
□ This property is subject to a homeowners association or private covenant and the improvements
proposed in this land use application have been approved by the homeowners association or
covenant beneficiary.
I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the
applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I
understand that this document is a public document.
Owner signature: _________________________ date:___________
Owner printed name: _________________________
or,
Attorney signature: date: May 18, 2018
Attorney printed name: Curtis B. Sanders, A.R. 23551
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
GRANTING CONDITIONAL USE APPROVAL
FOR AN ACCESSORY DWELLING UNIT TO BE CONSTRUCTED AT 971 UTE
RESOLUTION NO.
WHEREAS pursuant to Section 26.60.040 of the Land Use Regulations of the City
of Aspen, accessory dwelling units may be approved by the Planning and Zoning
Commission as a conditional use, and
WHEREAS a development application for a conditional use approval shall meet the
following standards:
a. The conditional use shall be 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,
b. The conditional use shall be consistent and compatible with the character of
the immediate vicinity of the parcel proposed for development and surrounding
land uses, or it shall enhance the mixture of complimentary uses and activities
in the immediate vicinity of the parcel proposed for development,
c. The location, size, design, and operating characteristics of the proposed
conditional use shall minimize adverse effects, including visual impacts,
impacts on pedestrian and vehicular circulation, parking, trash, service
delivery, noise, vibrations, and odor on surrounding properties;
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, hospital and medical services, drainage
systems, and schools,
e. The applicant shall commit to supply affordable housing to meet the
incremental need for increased employees generated by the conditional use,
and
f. The proposed conditional use shall comply with all additional standards
imposed on it by the Aspen Area Comprehensive Plan and by all applicable
requirements of this title.
WHEREAS Bass/Calm Properties, as represented by Stuart Lusk of Lusk Design,
submitted an application for a conditional use approval for an accessory dwelling
unit to be constructed at 971 Ute Avenue, Aspen, Colorado, and
WHEREAS a public hearing was held at a regular Aspen Planning and Zoning
Commission hearing on April 16, 1996, in which the Commission considered and
approved the applicant's request by a vote of to with conditions;
NOW, THEREFORE, BE IT RESOLVED:
That the 410 square foot accessory dwelling unit at 971 Ute Avenue, City of Aspen,
is approved subject to the following conditions:
1. Prior to the issuance of any building permits the applicant shall:
a. Verify with the Housing Office that the net livable area of the accessory
dwelling unit is a minimum of three hundred and forty (340) square feet,
b. Verify with the Housing Office that the unit will be built with a kitchen
• having a minimum of a two burner stove with oven, standard sink, and a
6-cubic foot refrigerator with freezer,
c. Upon approval of the deed restriction by the Housing Office, the applicant
shall record the deed restriction with the Pitkin County Clerk and Recorder's
Office and provide proof of recordation to the Community Development
Department. The deed restriction shall state that the accessory dwelling unit
meets the housing guidelines for such units, meets the definition of Resident
Occupied Unit, and if rented, the unit shall be rented for periods of six(6)
months or longer,
d. Clearly identify the accessory dwelling unit on building permit plans as a
separate studio unit having a private exterior entrance and being in compliance
with U.B.C. Chapter 35 sound attenuation requirements,
e. Provide a drainage plan to confirm that the.historic surface run-off shall be
maintained on-site,
f. Submit a landscape plan, preserving the existing willow, if possible, to the
Park's Department for review,
g. Apply for a tree removal permit two (2)weeks prior to the issuance of a
building permit if the existing willow (8" diameter, multi-stemmed), spruce
(81/2" diameter), and/or two (2) aspen trees(8" diameter) are removed. The
required mitigation for the removal of any of these trees shall be as per
Section 15.04.450 of the Municipal Code.
2. Prior to the issuance of a certificate of occupancy, the Community Development
Department shall inspect the accessory dwelling unit to determine compliance
with the conditions of approval.
3. The applicant shall consult with various City departments in regards to the
following:
a. City engineering for design considerations and any development within public
rights-of-way,
b. Parks department for tree removal, landscaping, and vegetative species,
c. City streets department for any work or development, including landscaping,
within public rights-of-way.
4. Any new surface utility needs including pedestals must be installed on-site.
5. The applicant shall agree to join any future improvement districts which may be
formed for the purpose of constructing improvements in the public right-of-way.
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.
7. Prior to the issuance of a certificate of occupancy, the Community Development
Department shall inspect the accessory dwelling unit to determine compliance
with the conditions of approval.
APPROVED by the Planning and Zoning Commission at its regular meeting
on April 16, 1996.
PLANNING AND ZONING COMIVIISSION
di° (/
A'i"1'EST: Sara Garton, Chair
� 1, JCL/ ?L c(
Deputy ,City Clerk
393847 08/19/96 10:51A PG 1 OF 3 REC DOC UCC
SILVIA DAVIS PITRIN COUNTY CLERK & RECORDER 16. 00
ACCESSORY DWELLING UNIT DEED RESTRICTION
PURSUANT TO SECTION 26.40.090 OF THE
CITY OF ASPEN MUNICIPAL CODE
THIS ACCESSORY DWELLING UNIT DEED RESTRICTION is made and entered
into this day of May, 1996, by Bass/Cahn Properties ("Owner") for itself, its
successors and assigns, for the benefit of the City of Aspen, Colorado, a municipal
corporation, and the Aspen/Pitkin County Housing Authority, a multi-jurisdictional housing
authority established pursuant to the AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the
records of the Pitkin County Clerk and Recorder's Office ("Authority").
WHEREAS, Owner owns that parcel of real property located at 971 Ute Avenue,
in the City of Aspen, County of Pitkin, Colorado, more specifically described as Lot 2 and
the West 13 feet of Lot 1, Ute Addition to the City and Townsite of Aspen, upon which
is situate a Free Market Dwelling to contain a 343 net liveable square foot studio,
accessory dwelling unit ("Unit"); and
WHEREAS, Owner agrees to accept and impose certain conditions on its use and
occupancy of the Unit as an accessory dwelling unit under the Aspen Municipal Code.
NOW, THEREFORE, in consideration of the mutual promises and obligations
contained where, the Owner hereby covenants and agrees as follows:
1. The Unit as identified hereinabove shall not be condominiumized and, if rented,
shall be rented only in accordance with the guidelines as adopted and as may be
amended from time to time by the Authority governing "resident-occupied"
dwelling units.
2. Owner need not rent the Unit; however, when rented, only qualified residents, as
defined in the Housing Guidelines, shall reside therein and all rental terms shall
be for a period of not less than six (6) consecutive months. Owner shall maintain
the right to select the qualified resident of its own choosing when renting the Unit.
An executed copy of all leases for the Unit shall be submitted to the Authority
within ten (10) days of the approval of a qualified resident.
3. The covenants and limitations of this deed restriction shall run with and be binding
on the land for the benefit of the City of Aspen and the Authority, either of whom
may enforce the provisions thereof through any proceedings at law or in equity,
including eviction of non-complying tenants.
4. It is understood and agreed by the Owner that no waiver of a breach of any term
or condition as contained in this deed restriction shall be construed to be a waiver
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