Loading...
HomeMy WebLinkAboutLand Use Case.CU.820 Bonita Dr.A68-96CASrL'T..OAD SUMMARY SHEET -CITY O~ ASPEN DATE RECEIVED: DATE COMPLETE: PARCEL ID # 10/4/96 2735-122-09-008 CASE # A68-96 STAFF: Suzanne Wolff PROJECT' NAME: 820 Bonita Dr. Conditional Use Review for ADU Project Address: 820 Bonita Dr. Aspen, Co. 81611 APPLICANT: Josse hDunn ~c l'~~~~,z~ Address/Phone: P.O. Box 9075, Aspen, Co. 81611 T ~,~ , ~, ~ ( , REPRESENTATIVE: satnr ~ ~ ~~ Address/Phone: (~,~!~ RESPONSIBLE PARTY: Applicant Other Name/Address: FEES DUE FEES RECEIVED PLANNING $235 PLANNING $235 # APPS RECEIVED 12 ENGINEER $0 ENGINEER $ # PLATS RECEIVED HOUSING $0 HOUSING $ GIS DISK RECEIVED: No ENV HEALTH $0 ENV HEALTH $ CLERK $0 CLERK $ TYPE OF APPLICATION TOTAL $235 TOTAL RCVD $235 Staff Approval REFERRALS: - ^ City Attorney City Engineer ^ Zoning Housing ^ Environmental Health J~Pazks ^ Aspen Fire Mazshal ^ City Water ^ City Electric ^ Clean Air Board ^ Open Space Boazd ^ Other: ^ CDOT ^ ACSD ^ Holy Cross Electric ^ Rocky Mtn Natural Gas ^ Aspen School District ^ Other: r DATE REI"ERRED: I l I INITIALS: ~^''~ DATE DUE: ~Z ,~. APPROVAL: Ordinance/Resolution # `~~ I Date: ~, q1 Staff Approval Date: Plat Recorded: Book ,Page CLOSED/FII.,ED DATE: INITIALS: ROUTE TO: r~ ` ~- ~ Ply w,.~-W--~'' P" h r w Wr r RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING APPROVAL OF A CONDITIONAL USE TO LEGALIZE A BANDIT UNIT AS AN ACCESSORY DWELLING UNIT FOR AllAM ROTHBERG AND JOE DUNN AT 820 BONITA DRIVE Resolution No. 97-~ WHEREAS, pursuant to Section 26.40.090 of the 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, pursuant to Section 26.40.090(C) of the Code, a bandit unit may he legalized if it was in existence prior to November 1, 1988, and if it meets the health and safety requirements of the Uniform Building Code, as determined by the chief building official; and WHEREAS, the Community Development Department received an application from Adam Rothberg and Joe Dunn for a Conditional Use review to legalize a bandit unit as an accessory dwelling unit; and WHEREAS, the property is located at 820 Bonita Drive (Lo[ 19, West Aspen Subdivision, Filing No. 1) and the existing structure contains three dwelling units; and WHEREAS, the Housing Office, City Engineer, 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 January 7, 1997, the Planning and Zoning Commission approved by a 4-2 vote the Conditional Use for an accessory dwelling unit, amending the conditions recommended by the Community Development Department. NOW, THEREFORE BE IT RESOLVED by the Commission that the 820 Bonita Conditional Use Review for an accessory dwelling unit containing approximately 600 square feet of floor area, is approved with the following conditions: Prior to the issuance of any building permits, the applicant shall comply with the following: A. The owner shall submit the appropriate deed restriction to the Aspen/Pitkin County Housing Office for approval. Upon approval of the deed restriction by the Housing Office, the applicant shall record the deed restriction with the Pitkin County Clerk and Recorders Office with proof of recordation to the Community Development Department; Kitchen plans shall be verified by the Housing Office to ensure compliance with specifications for kitchens in ADUs; and The applicants shall submit a building ~;ermit for the chief building official to inspect and determine that the ADU complies with the health and safety requirements of the Uniform Building Code. Any work required shall be completed prior to recording of the deed restriction. ;. Prior to issuance of a Letter of Completion for the ADU, the Community Development and Housing staff shall inspect the unit to ensure compliance with the conditions of approval. 4. fhe applicants shall remove the existing boulders in the Qonita Drive right-of--way prior to issuance of a. Letter of Completion for the ADU. 5. When a building permit is submitted to expand the existing building footprint or redevelop the property, the applicants shall provide a site plan containing all of the information required for a tree removal permit, driveway location and dimensions, site drainage plan, existing and proposed easements, landscaping plan for the portion of the right-of--way between the edge of pavement and the property line, and as further required by the Aspen Municipal Code. 6. Prior to issuance of a Certificate of Occupancy for any expansion of the existing building footprint or redevelopment of the property, the applicants shall remove and replace the circular driveway with a single driveway curb cut and shall submit as-built drawings in digital format to the Aspen/Pitkin County Data Processing Department showing property lines, building footprint, easements, encroachments, entry points for utilities and any other improvements 7. A tree removal and mitigation plan shall be submitted for review and approval by the Parks Department prior to submission of any building permits for construction which would expand the existing building footprint. Tree removal permits shall be required for the removal or relocation of any tree greater than 4" caliper. 8. 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. 9. The applicants shall cease diversion of water to the pond from the ditch, unless proof of water rights is provided to the City Water Department. 10. The applicants shall provide proof to the Community Development staff that the bandit unit was in existence prior to November 1, 1988, prior to recording of the deed restriction for the ADU. APPROVED by the Commission at its regular meeting on January 7, 1997. Attest: ~J elk~'tCQ~CJ ckie Lothian, Deputy City Clerk Planning and Zoning Commission: Sara Garton, Chair MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Mary Lackner, Acting Deputy Director /~~ /~ FROM: Suzanne Wolff, Planner RE: 820 Bonita Conditional Use Review For an Accessory Dwelling Unit (ADU) -Continued Public Hearing DATE: January 7, 1997 SUMMARY: This application was tabled by the Commission on December 10. The issue was raised at that time as to whether or not the applicant would be required to provide an ADU to legalize the existing residence. Since the duplex was in existence prior to the adoption of the ADU regulations, an ADU is not required. The applicants may pull the application and remove the illegal third unit, or may continue with the processing of this application to legalize the unit as a voluntary ADU. The applicants have not yet notified staff as to their intent, therefore, staff is unsure if this item will be removed from the agenda, or if we will proceed with the ADU review. ~}~~, c a.lA.~ d I ~ ~ ' ~ ce.~ d w' ~D ~ 1J cL.Q /%m it F.i r-P ~(.rr-gyp 7 J~ /6 ~{ h-r~~ itiy,. C~ ` t't'` -iC..LL W PLC--a /}-~, ~--~-~~--~ f ~ ^~.l-,,~-h ~~-, `1-~' ~ ~.~! ~ d•~ww~ ~ a~,lro-,..~ I~~u s ~rG~~- ~-~$ d c~CGu-~Cn~. /l.e'q/1~u.~R_" I 1 ,, 1.., I ~1 E MEMORANDUM TO: Aspen Planning and Zoning Commission M ~ THRU: Mary Lackner, Acting Deputy Director /~,F~~ FROM: Suzanne Wolff, Planner RE: 820 Bonita Conditional Use Review For an Accessory Dwelling Unit (ADU) -Public Hearing DATE: December 10, 1996 SUMMARY: The applicant is requesting conditional use approval for an ADU within an existing residence, which presently contains three dwelling units. In order to legalize two of the dwelling units as a duplex, the third unit is proposed to be deed-restricted as an ADU. The applicants propose to condominiumize and remodel the duplex. The application packet is attached as Exhibit A. Staff recommends approval of the conditional use for an accessory dwelling unit with conditions. APPLICANT: Adam Rothberg & Joseph Dunn LOCATION: 820 Bonita Drive; Lot 19, West Aspen Subdivision, Filing No. 1 ZONING: R-15 LOT SIZE: 18,380 square feet ALLOWED FAR: 5,123 square feet REFERRAL COMMENTS: Please see comments from the Parks, Housing, and Engineering Deparhnents attached as Exhibit B. Parks Department: Rebecca Schickling notes that any expansion outside of the existing building footprint could impact significant trees. A tree removal permit is required to remove any trees that exceed 4 inches in diameter. Engineering Department: Ross Soderstrom notes that the boulders in the Bonita Drive right-of--way shall be removed. The circular driveway may remain until the existing dwelling is remodeled or the property is redeveloped, at which time it shall be removed and replaced with a single driveway curb cut. The Water Department is researching water rights, access easements and agreements regarding the irrigation ditch in the rear of the property. Additional information will be provided at the meeting. Housing Office: Cindy Christensen notes that the ADU is 4 square feet smaller than required (to obtain duplex exemption, the ADU shall contain a minimum floor area of 600 square feet), but that the unit is located on the second floor and obtains lots of natural light. .~ ., STAFF COMMENTS: The ADU is located above-grade, contains approximately 600 net livable square feet, obtains natural light from windows on the northwest and southeast sides of the unit, has a separate exterior entrance and does not connect with either of the other two units. Pursuant to Section 26.40.090(C) of the Code, a bandit unit may be legalized if it was in existence prior to November 1, 1988, and if it meets the health and safety requirements of the Uniform Building Code, as determined by the chief building official. The residence was built in 1968. According to the applicants, the three units were in existence and separately rented before 1988. Pursuant to Section 26.60.040, the criteria for a conditional use review are as follows: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is purposed to be located; RESPONSE: A short-term goal of the Housing Action Plan of the Aspen Area Community Plan was to develop "650 new affordable housing units, including employee-occupied ADUs to achieve the identified current unmet need to sustain a critical mass of residents". The R- 15 zone district is intended for "long- term residential purposes," and is an appropriate zone for ADUs. 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: In staffs opinion, the proposed ADU is compatible with the surrounding single-family and duplex development. The three units have historically been rented separately; this approval would legalize the existing use of the property. 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: This dwelling units are in existence, and, therefore, will not create additional impacts on the surrounding area. This approval would legalize the duplex and provide an ADU to comply with the housing mitigation requirements. Five on-site parking spaces are required: two spaces per dwelling unit and one space for the ADU. The garage and driveway are adequate to accommodate the required spaces. 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, ftre protection, emergency medical services, hospital and medical services, drainage systems, and schools; RESPONSE: No additional infrastructure is required to legalize the duplex or to accommodate the ADU. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; ~~ ~., RESPONSE: The ADU must comply with the Housing Guidelines and must be deed restricted. Pursuant to the newly adopted amendments to the ADU regulations (Ordinance No. 38, Series of 1996), a maximum of 350 square feet or 50% of the size of the ADU may be excluded from the allowable floor area calculations only if the unit is deed restricted, registered with the housing office and available for rental to an eligible working resident of Pitkin County. The owner retains the right to select the renter for the unit. If the unit is deed restricted, but not registered, the floor area exclusion does not apply. 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: Section 26.100.050(A)(2)(c) of the Aspen Municipal Code allows a duplex to be exempt from GMQS competition if the applicant complies with one of four options. The applicants have chosen to create two free market dwelling units, which requires them to provide one accessory dwelling unit with a minimum area of 600 square feet. Although the unit does not meet this minimum requirement (the unit only contains 596.5 square feet), staff supports approval of the unit since the difference is extremely minimal and the unit is already in existence. STAFF RECOMMENDATION: Staff recommends approval of the ADU at 820 Bonita Drive with the following conditions: Prior to the issuance of any building permits, the applicant shall comply with the following: A. The owner shall submit the appropriate deed restriction to the Aspen/Pitkin County Housing Office for approval. Upon approval of the deed restriction by the Housing Office, the applicant shall record the deed restriction with the Pitkin County Clerk and Recorders Office with proof of recordation to the Community Development Department; B. Kitchen plans shall be verified by the Housing Office to ensure compliance with specifications for kitchens in ADUs; and 2. The applicants shall submit a building permit for the chief building official to inspect and determine that the ADU complies with the health and safety requirements of the Uniform Building Code. Any work required shall be completed prior to recording of the deed restriction. 3. Prior to issuance of a Letter of Completion for the ADU, the Community Development and Housing staff shall inspect the unit to ensure compliance with the conditions of approval. 4. The applicants shall remove the existing boulders in the Bonita Drive right-of--way prior to issuance of a. Letter of Completion for the ADU. 5. When a building permit is submitted to expand the existing building footprint or redevelop the property, the applicants shalt provide a site plan containing all of the information required for a tree removal permit, driveway location and dimensions, site drainage plan, existing and proposed easements, landscaping plan for the portion of the right-of--way between the edge of pavement and the property line, and as further required by the Aspen Municipal Code. ~"~, ',.,~ 6. Prior to issuance of a Certificate of Occupancy for any expansion of the existing building footprint or redevelopment of the property, the applicants shall remove and replace the circular driveway with a single driveway curb cut and shall submit as-built drawings in digital format to the Aspen/Pitkin County Data Processing Department showing property lines, building footprint, easements, encroachments, entry points for utilities and any other improvements A tree removal and mitigation plan shall be submitted for review and approval by the Parks Department prior to submission of any building permits for construction which would expand the existing building footprint. Tree removal permits shall be required for the removal or relocation of any tree greater than 4" caliper. 8. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the conditional use for an ADU at 820 Bonita Drive with the conditions as outlined in the Community Development Department Memo dated December ] 0, 1996". Exhibits: "A" -Application Packet "B" -Referral Comments NCtY 27 '9ti ~1 ~ 24PN fiSPEN H[)USING OFD ,... MEMQRANDUM TD: Susanne Wolff, Community Development Dept. FRAM: Cindy Christensen, Housing Offitre DATE: November 27, 1998 RE: $20 Bonita Conditional Use for an ADU parcel ID No. 2735-122-t19-OOB P.1 Exhibit B 1~$UE: There ate three existing units within a structure, which they are all presently illegal The applicant is requesting to use one of the units as an ADU, and the other two will then be a legal duplex. B,ACKGRaUND: This was asingle-family home modified into a triplex. The new owners wish to bring these units under compliance, therefore, they are asking tv change one of the units into an accessary dwelling unit. According to Section 2f3.100,050 A, 2, c, Detached single-famf)y or duplex tfwletJfng units, this exemption shall only apply if the following standards are met: (7~ Duplex. In orcter to qual~Yy for a duplex exemption, the applicant shall have four apfions: (a) providing one free market dwelling unit and one deed restricted, resident-occupied dwelling unit Nfilh a mintmum flaw area OF t,50D sgsaare fcef; (b} providing two free market dwelling unite and one accessory dwering and with a minimum floor at6a of B00 square feet; {c) providing two dead restricted, resident-occupied dwelling units, or (d) paying the applicable affordable housing impaq file. The applicant wishes to comply with (b] above. The total square footage of the accessary dwelling unit is 596.5 square feet and is to be located on the second floor. This is about 4 feet smaller than required, but is located on th@ second floor with lots of light and has parking, REC~MENDATIbN: Staff recommends approval as long as the following conditions are met: the kitchen wntains at least a lwo~urner stave with oven, standard sink, and a B-cubic foot refrigerator plus freeaer; 2. an accessory dwelling unit deed restriction needs to be recorded before building permit approval; this form is provided by the Housing t3ffit:e; and 3. Housing staff inspects the unit prior to Cert~cate of Qccupancy. YefanaP6anMu.1 a7 Memorandum TO: Suzanne Wolff, Community Development FROM: Rebecca Schickling, Pazks Depaztment DATE: November 26, 1996 RE: 820 Bonita Conditional Use Review for an ADU We have reviewed the application for conditional use for an ADU. The application as it exists now appeazs only to be an interior remodel to conform to the bandit unit to a legal ADU. However, if any expansion occurs outside of the building envelope, then the applicant should contact the Pazks Department as soon as possible (even if only with conceptual plans). There aze numerous significant trees on this lot that could be impacted by the expansion or reconstruction of the exterior of the building. Any trees proposed to be removed that exceed 4 inches in diameter may require a trees removal permit. ,,,°. .,.. MEMORANDUM To: Suzanne Wolff, City Planner Thru: Nick Adeh, City Engineer From: Ross C. Soderstrom; Project Engineer /~¢ Date: December 2, 1996 Re: 820 Bonita Conditional Use Review for an ADU (820 Bonita Drive; Lot 19, West Aspen Subdivision, Filing I, City of Aspen, CO) After reviewing the above referenced application and making a site visit I have the following comments: 1. R-O-W Encroachment: The existing boulders in the Bonita Drive right-of--way in front of the property need to be removed at this time to clear the right-of--way of obstmctions. Only soft landscaping features aze acceptable in the right-of--way between the property line and the edge of pavement. 2. Trash & Utility Areas: Any new surface utilities requiring a pedestal or other above ground equipment must be installed on an easement provided by the property owner and not located in the public rights-of--way. Any new easements must be recorded prior to issuance of the building permit. All existing and any new easements for utilities shall be shown on the final improvement plans submitted for the building permit. 3. Site Drainage: The new development cannot release more than historic (pre- development) storm run-off from the site and any increase in storm run-off must be first routed and detained on the site. The proposed legitimization of the existing interior ADU, without modification or remodeling of the existing building exterior, would not increase the site generated drainage flows. 4. ~ Driveway & Parking: The existing circulaz driveway may remain until such time as the existing dwelling is remodeled or the property re-developed at which time it should be removed. Residential properties in this zone district aze permitted to have one (1) driveway curb cut up to ten (10) ft in width for a single width driveway or up to eighteen (18) ft in width for a double width driveway. 1 OF 2 DRCM2396.DOC ~~~ Memo - 820 Boni[a Conditional Use l~"iiew for an ADU When the non-conforming portion of the circular driveway is removed, the driveway pavement shall be removed to the edge of the public roadway pavement and the shoulder of the road will be restored and landscaped in a manner to discontinue the use of the former curb cut and driveway entrance to the property. The site plan shall contain all the information required of a tree removal permit, driveway location and dimensions, site drainage plan, existing and proposed easements, landscaping plan for the portion of the R-O-W between the edge of pavement and the property line, and as fiulher required by Aspen Municipal Code. 5. Irrigation Water & Ditch: At the time of submitting this referral memorandum, the Water Dept. was continuing to research water rights, access easements and agreements regarding the irrigation ditch and water which crosses through the back of the property. Final recommendations will be provided to the City Planner to present at the Planning and Zoning Committee Meeting. Unless there is an adequate existing easement for the irrigation ditch (not indicated on the plat submitted with the application), the property owners may be required by the ditch owners to dedicate and record a ten (10) foot wide irrigation ditch easement, centered on the existing irrigation ditch, as a condition of approval of the present application for the ADU. The submitted Improvement Survey Plat then shall be brought into compliance with Colorado State and Aspen Municipal Codes. 6. Utility Easements: The present application for an ADU is only to legitimize an existing unit without changes to the exterior or historic use of the building. As such, the existing easements are sufficient for the present use. There does not appear to be any encroachments in the easements and any additional development / re-development should avoid encroaching into or over the utility easements. 7. Record Drawings: When the building footprint is remodeled or the property re-developed and prior to C.O. issuance, the building permit applicant will be required to submit to the Aspen/Pitkin County Data Processing Dept. as-builts drawings for the project showing the property lines, building footprint, easements, encroachments, entry points for utilities entering the property boundaries and any other improvements. 2OF2 DRCM2396.DOC r.~ w MESSAGE DISPLAY TO Ross Soderstrom CC Suzanne Wolff CC Dominick Lanese From: Phil Overeynder Postmark: Dec 05,96 4:29 PM Subject: Reply to a reply: 820 Bonita --------------------------------------------------------------------- Reply text: From Phil Overeynder: There is no evidence in our recrds that the propety has a raw water license from the City or separate rights of their own which would permit them to store water in an off stream pond. Our water rights do not permit storage of ditch water at this location. Our water council advises that we should condition ADU to require the use of the pond to cease unless they can prove they have rights. Also if this property uses raw water from ditch for irrigation they will be required to enter into a raw water license agreement with City. Preceding message: From Ross Soderstrom: I have the draft of the memo finished except for the questions about 1) easement for the ditch, 2) whether the property owner may use the water, and if so, how much, and 3) whether the "pond" is already permitted, if not, do we wish to make it permitted and under what conditions. If we don't have all the questions & conditions regarding the ditch answered in time, I will make a general reference to the ditch & water rights and that the terms & conditions will be presented at the mtg due to research time. From Suzanne Wolff: If possible, could you get your comments to me sometime tomorrow - my memo is due on thursday. Thanks ----------=====7~====____------- '~ _J To whom it may concern, We, Adam Rothberg and Joseph Dunn, aze applying for a conditional use permit for the property at 820 Bonita. The current zoning is for a Duplex. We are in the process of legalizing the existing stmcture by: 1. Obtaining a conditional use permit for one the existing units within the existing structure. 2. Condominiumizing the remaining two units according to the City of Aspen guidelines. 3. Depending upon available financing, we aze planning either an extensive remodel or a minor remodel. The current owners of the property are Adam Rothberg and Joseph Dunn. Adam Rothberg 1695 Silverking Dr Aspen, CO 81611 925-1252 Joseph Dunn 950 Matchless Dr Aspen, CO 81611 925-5476 There is one mortgage on the property through Southern Pacific Funding Corporation located at 4100 E Mississippi Ave. Denver, CO 80222. The legal address of the property is Lot 19, West Aspen Subdivision Filing No. 1 Pitkin County, Colorado. Currently there are 3 existing units within the structure. It is our intention as new owners to bring these units into comphance with the current Aspen Code. The first step in this procedure as prescribed the the City of Aspen planning office is the conditional use permit for the ADU. Assuming that we aze granted this permit we are planning a remodel as stated above. The unit which we are designating the ADU is less than 700 sq. ft. and fits the description according the the City of Aspen Code. ilc you for your considefation, Adam Rothberg `/-Josep nn ~... To whom it may concern, This letter shall address the review standards set forth for the conditional use permit application for an accessory dwelling unit. A. We, Adam Rothberg and Joseph Dunn, acquired Lot 19, filing # 1 with the intention of legalizing the house within its permitted uses. The lot is zoned for a duplex, and according to County Code 26.40.090 concerning accessory dwelling units, the unit we wish to designate as the accessory dwelling unit fits all requirements of the city. The zone district requires that upon the condominiumization of a duplex, the applicants must meet one of 4 requirements. The requirement that we are meeting is the provision of the ADU. This is a legal and common use within our zone district and is in compliance with the Aspen Area Comprehensive Plan. B. The property has long been rented out as a 3 unit complex, before Nov 1, 1988, (bandit unit legalization deadline) and it is our intention to beautify the propery and bring it into compliance with all of the City of Aspen's requirements for a duplex. The property immediately next door has just been built into a duplex unit and our property fits into the neighborhood perfectly with its present zoning as a duplex. C. The size of the unit designated as the ADU is approximately 600 sq. ft. It has been rented out long term to an employee in Pitkin County. The unit already fits into the requirements of a conditional use AqU. Our intention is to comply with the city so that our house is completely legal in every sense. Off street parking is already provided and should we obtain financing for a more extensive remodeling, then we will supply an additional garage for side of the duplex which we hope to construct. The property is presently separated into 3 units. Depending upon available financing, we plan to exercise on of two options. 1. According to Aspen City Planners, first obtain the conditional use permit for the existing ADU allowing us to condominiumize the existing units into a duplex. 2. According to Aspen City Planners, first obtain the conditional use permit for the existing ADU before engaging in an extensive remodel. This option is wmpletely dependent upon available financing. There will be no additional visual impacts as the ADU is attached to the back of the house where it is completely enclosed by trees. In addition, there will be no impact on pedestrian traffic or vehicular traffic whatsoever. To the best of our knowledge there has never been any complaints about noise and all of the neighbors who we have been able to contact are agreeable to our needs. D. All public facilities are adequate to supply the existing units, since we have the biggest lot on the block with one of the smallest stnrctures. 820 Bonita is just off of Cemetery lane and all county services are readily available. ~'~ ~w~ E. The intention of the ADU is to comply with the affordable housing guidelines. F. Upon meeting with County Planners, to the best of our knowledge, we are in compliance with all standards set forth by the Aspen Area Comprehensive Plan and all other requirements. ,~~ ~,-,~ .. Tn+~~ ~ = S9b.S z rrcl F~~o~ c-~~,~m ~Nu1 K, ~hP~ 3 ~,~r `'~~ ~,~-- ~~f 3 z~.3 ~ 3 ~. s. ~ d~ r ~.! EZ 18 MAPS ANO TRANSPORTATION s~ II II • 3 a Roaring '^; ~, ~: To Basalt a ' ~ Fork. ' ~ a Carbondale ~VeL ~NyJyJAY q'Cppn Ar y ~ffi~ YniAr II 8 II Basalt a ~ 5 w. CHRISTINE STATE WILDLIFE ~ 1 AREA .~ ,. ,~ 4 ,. C~ C1vis[ine~~~ ~ d ___ Yt~LOOp ~A~ +,, p - 'F .FPY >;AADLE~ eating True p .~~~ - .e~`''4 ~ ~ a ; wA;re eau - pA ~ ~e~ . :-. 0 d" ~ ,w a p ~ PM F ~ . R n ~n \' ~°~Q 4 .,~ tiro F ~ ffi ~ q Vim. ~'~t~ Q ~ 4~, ~b ~'~ ~ '/, ~ n ~ 4 ' p ~9y ,~ i, . '~ l ~q~ BNSeII ~I ~ ~ o p [g : g~'., M~WY ~ p e^ i a ~ S~ s E Rg ~ 5 ~ ~ Wu TM D4et ~~~1,~ Ilallam '.! ~ l ak '. = ~ 1b t.: Gdl CwNte ~ b . i ~~ ` : ~~ 3 . ~ A w ` ,9 ~ 4. Maroon Lake C- O Ln4pr(~ e 6 bs0.11 N A ryuM A ,Jhu r• f4 F Ah Vb n cy> 0 Aroo.4 x= O A*^ Oxs O nys Ap a .t.J c B~0 M n J 0 ~ ~ em esl4Re~.baJ N pe.a.~a ~a,-, N eyy r._y, N E ends r'- S6 N erle• T 1 N eA.~r. N e~J ~-Y] N [i! O~J ^ ~> N 4~1e O~Y _L 1.) N [~Y6 "•, u Lc2 t CAM rl L C1~eYY L C¢ M ~ _ a ~.~, e prW ly 1 L ONr s f>• f ~ NsL _JF] Y Ne ~~ n Y t1/r Osw 10.~x 1 4f6 41r JJi ep s Jli.) JJ~et~~~JL f _b, k~RU f lrrrla_1_J~6] N41f esOSOe 36 ke. e~J 4 IITe~^^ II II II II '~ II b Ceeek I'J bo1 YtYM6 or roa0c oYawnmmrpaan \. a.ae. carewsim a waw N reel mry n pvpau n orYn ~r .Aspen ~ ~,~ _ b e ' .r >dsMt'C,'Ir r \ \~ 0 _yJa -A+i•s TOT. -xf InEgixN g AII4IA AtAes m __ __. __. _ ~ ; . ~-.. f~~, .....- (:FNERAL WARRANTY DEED MARGARET C. BIPPUS, whose address is ~~5~ C2l.~fi~t P.,r~.ei ~~Esr ~a.c.n ~,~,,~ t:eo.P~~.t 33•/D/ for the consideration of Ten Dollars ($10.00) and other good an~ valuable consideration, in hand paid, hereby sells and conveys to JOSEPH P. DUNN b ADAM B. ROTHBERG AS TENANTS IN COMMON ,whoseaddress P.O. BOX 9075 ASPEN CO 81612 ~L. following real property in the County of Pitkin, State of Colorado: LOT 19, WEST ASPEN SUBDIVISION, FILING NO. 1 also known by street and number as: ~~ D"d1.~.c. ~- ~~Piy~ As,.2~i~ , (p~~ ~clo ~i6 ii Aspen, CO 81611 with all its appunenances, and warrants the title to the same, subject to and except for: 1. General taxes for 1996 and thereafter payable in 1997 and thereafter. 2. Bui]ding and zoning regulations. `~ 3. Right of the proprietor of a vein or lode to ectract or remove his ore therefrom, should ~'~, the same be found to penetrate or intersect the premises hereby granted as reserved in f_ United States Patent recorded in Book 55 at Page 33. ., ~ti_ 4. Easements, rights of way and all matters as disclosed an Plats of subject property ~j _ recorded in Plat Book 3 at Page 252. 5. Easement and right of way for utilities as set forth in instrument recorded January 21, 1968 in Book 235 at Page 118. ALL REFERENCES BEING TO THE REAL PROPERTY RECORDS OF PITKIN COUNTY, COLORADO. Signed this ~1 day of July, 1996. . ~. MARGA T C. BIPPUS [Notary Block to Follow) 1 ,;. . ` ~: J STATE OF ) ss. COUNTY OF ) The foregoing instrument was aclrnowledged before me this ~, day of July, 1996, by Margaret C. Bippus. __,._ ANN C BRUMBACR Witness my hand and official seal. M~~~~~,r My commission expires: No. Gc 980108 Boded ODU~t lb/4n-MiH/n~ ~Lil /i ./i ~ ry /.~ ~G CJL_ Notary Public ~umtP~..ewa 2 I Nhoa roccrded sail for 80UTH81itB PACIFIC FUADIIIG CORPOAaTIOti 6800 IYDIAatA At>aOE, #110 ~ 122VE8SIDE, CA 92506 LOAA #r 0200602583 span Above Itie IJaa Fot Rccond"me DEED OF TRUST THIS DEED OF TRUST (' `Security Lrsuument") is made on AIIGIIST 9 , 19 9 6 , among the grantor, JOSEPH P. DVNN AND ADAM B. ROTBBBRG' ("Httrrower"), the Public Ttusree of PIT&IN Couary ("Trustee"), and the beneficiary SODTHERN PACIFIC FDNDING CORPORATION, A CALIFORNIA CORPORATION witch is organized and existing under [he laws of THE STATE OF CALIFORNIA and whose address is 6800 INDIANA AVENDE, #110, RIVERSIDE, CA 92506 ("[.ender"). Borrower owes L:ndw the principal sum of FOIIR HIINDR&D SI][TY SEVEN THOIIBAND 1rIVE HtINDRSD* AND NO/100*r++erererrrrreee•*:era*eerreerreserrr.t~i,rarsa,a,asf*.r~it*taDollus (U.S. $467,500.00 ).Thisdebtiscvidertcedbyl3orrower's notedatedthesamcdatoasthisSeauityltawment("Nee"), which provides fat monthly paymrnts, with the full debt, if not paid earlier, duc and payable on SEPTFI~ID2S:lt 1, 2 02 6 . This Sav[ity IDAI UnletttleLVreS tol.ender: (a) the repayrnentof the lcbt evidencedby the Note, with interest, andall ROew^dIS, CxteaSions and m~+r~~r~ons of the Note; (b) the payntatt of aU othu sums, wi~h interest, advanced under pa[agraph 7 m pro, Xt the socuriry of this Security InStrtitnetn; and (c) the perfomta[[ce of Botroacr's cavenartu and agtrctmots under this Security Instnu;, em and the No[e. For this Purpose. Boratweer, inconsideration of the debt and the trust her do ematal, irrevocably grants and eomeys to "frtts[ee, intrust, with power of sale, tht Following described property located in PIT'iCIN County, Colorado: LOT 19, WFSST ABPEN SUBDIVISION, FILIITG NO. 1 AP #: 273512209008 which has the address of 820 BONITA DRIVE, ASP)iN eolorado ai611 r•Prnpery address"), t~P Codsl enwttpno- so~at~ p,~-Fa~io)tra.rs5.aat. Mae trNlPO1tM wsrnustttNr VbrFQt(CO) (9209) Forta30061N1 AmeadM SNI covOEED 31 l COVD>SED Page Y of 5 (so-acs, curl. Initials ~ ~~~ `T/~ f"' w,.:. , d PUBLIC NOTICE RE: 820 BONTTA DRIVE CONDITIONAL USE FOR ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, December 10, 1996 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Joseph Dunn and Adam Rothberg, requesting Conditional Use approval for an accessory dwelling unit within the existing structure. The property is located at 820 Bonita Drive, and is described as Lot 19, West Aspen Subdivision Filing No. 1. For further information, contact Suzanne Wolff at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920- 5093. s/Sara Garton, Chair Aspen Planning and Zoning Commission ,<-~ . ,.. . , ASPEN/PITHIN COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920-090 FAX# (970) 920-5439 November 18, 1996 Adam Rothberg 1695 Silverking Drive Aspen, CO 81611 Re: 820 Bonita Drive Conditional Use for ADU Case A68-96 Deaz Adam, The Community Development Department has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for review by the Aspen Planning and Zoning Commission at a Public Hearing to be held on Tuesday, Decemer 10, 1996 at a meeting to begin at 4:30 p.m. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Community Development Department. Please note that it is your responsibility to mail notice to property owners within 300' and to post the subject property with a sign at least ten (10) days prior to the public hearing. Please submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the public hearing. If you have any questions, please call the planner assigned to your case, Suzanne Wolff, at 920- 5093. Sincerely, ~~ ~~~ ~~~~ Rhonda Harris Administrative Assistant ~~ ASPEN/PITHIN COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5090 FAX (970) 920-5439 September 5, 1996 Adam Rothberg RE: 820 Bonita Drive Conditional Use Review for ADU Dear Adam, The Community Development Department has completed its preliminary review of the captioned application. We have determined that this application is incomplete, and will not schedule the application until we receive the following information. /1. Fee of $235 2. Site plan (12 copies) 3. Elevations (12 copies) /4. Response to review standazds (12 copies) 5. ADU floor plan, including kitchen, bath, etc. (12 copies) 6. Please identify the ADU on the first or second floor plan view (Unit 2?) If you have any questions, please call me at 920-5093. Thank you. Sincerely, ~~~~ Suzanne L. Wolff _~ _,. C~ i~ h ~ ~ '~ ~ ~ I ~ 1 z ~~ ua 'o _~ ,~ ~\ '~ ~ .rte J J ._~ I~ ~ ~ ~~: ~~ ~ ~, ~_ ~ z ~~ ~~ z _____ __ _ __ _ __ 8 F9 ----- ---- 1 W z a J 2 O U _J Li {~ i _ `l _ t„~ i ~..- 9'L2 W z a v ~ n ~ N n O ~. LCi ' 1~ D N N D O _ ~ a0 I ~ "'i , tL a ~ ~ V~ _ ~ 3 ~~ _, N y ~. ~fiF 4~ 1. T~~,r ~~/ X400?~,~1 >PY ~ al Gov ~P~~~~ha ~ I •iRaoa a~~ ~a•~ v 5.v 4.~0hPC P J.tiy~a'~ O~`~`f 4 Opp ey 1~ i' `. ~i Y ,:ok.W^.... J~