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HomeMy WebLinkAboutLand Use Case.CU.113 E Hopkins Ave.61A-88ATD%0*1W;. 1 a "s a� is 8 a TAM USE APPLICATION Fri �} 5 1) project Name GARY BUCk R RESIDENCE (,ARAGE- CARETAKL APARTMENT 2) projectlaca 113 EAST HOPK INS AVENUE, LOTS C&D. BLOCK 68 - CI OF ASPEN COLORADO �.r 7�.,7 s ( i*Yii( ate street address, lot & bl ock 1�, legal wamra appropriate) 3 Present Zoning R- 6 4) Lot SUB 6000 S O. FT. 5) ARAJCant's Name, Address i Phone # J. GARY BUCHER 522 FALL RIVER RD . HOUSTON, TEXAS 77024 DAY - 713- 467 -4180. NIGHT - 713 - 827 -8080 6) Fep esentativels Name, Address i Hxm # 7) 1Yps of AppliCation (P] a* all that .. Cuiditional •• .a• w SPA omiceptual Historio DO Final SPA 8040 Greennlln e d _ Final EUD Mountain View Plane _ Subdivision — lot SplivLot Lion Adjusbaent n 1- s) Description of Existin Urea (nmbw and type of existing structures: approodmate sq. ft.; amber of bedrooms; any pLUvium approvals granted to the Pr'opert:y) . SINGLE FAMILY,RESIDENCE WITH GARAGE STORAGE OUTBUILDING. 1367 SQ. FT. P1 IIS nIITRIITI nTNC - THPFF RFnDnnMC _ oPPAM /AI HAS REFKI rT% /Eke BV HISTORICAL PRESERVATION COMMITTEE FOR PARTIAL DEMOLITION AND RE- MnnFl OF STDIIrTnDF Aran A DF Di ArrMPKIT 'ARACE ST QAIF 2 ;Q9 99, FT. PLUS GARAGE - THREE BEDROOMS. Description of ._ - 20) upm ycu attached the following? Reepcos OM tMtg Resporme to Attachment 3, 4maLfic SUbmmum Ox tents Ple spanse to Attachalent • . ..• for YOLW AppliCa A8PENOPITKIN inEGIONAL BUILOINU DEPARTMENT �f aw Date: l - 5 • �-? Dear Homeowner b Occupant: � 8 L(..CN`eu The County Code of the County of 1 requires the Building Inspector to keep a record shoving the proper street number of every building site. It further provides that the owners and occupants of every house in the County to place thereon figures at least two and one -half inches (2 -1/2) high visible from the street showing the number of the house. The Building Department is in the process of assigning house numbers to all existing houses in the County in order to eliminate the confusion that now exists in the County. We have determined by the map in the Building Department that your house number should be : Address: 1� Legal Description: V�.^ Subdivision /Sec. Tsp. R.: ( C1 epic We appreciate your cooperation in placing the above number on your house. Thank you. M.J. Steinmetz CY Address Official offlosat 617 Most Hopkins Avenue Aspen. Colorado 81811 303/926 -6973 mail address WM East Main Etreat Aspen. Colorado 81811 J Gary Bucher 522 Fall River Road Houston, Texas 77024 December 27, 1988 J 28 Ms. Roxanne Eflin Aspen /Pitkin Planning Office 130 South Galena Aspen, CO 81611 Re: Amendment to Condition Use Application at 113 East Hopkins Avenue submitted November 17, 1988 Dear Roxanne, I have attached amended drawings relative to my application for conditional use, a caretaker's unit. The unit now contains 221.5 square feet living area plus bathroom. As you will note on the site plan, the overall structure is lengthened three feet and is widened four feet only at the west end. The attempt was to minimize the increase in footprint while providing the area required by code. Also note that we have added two windows to the living area. If there is anything you may need additional, please let me know by Friday. See you Tuesday. Sincerely, J. ry cher JGB /rma MC 2 1 MEMORANDUM TO: Roxanne Eflin, Planning Office FROM: Jim Gibbard, Engineering Department DATE: December 21, 1988 RE: Bucher Conditional Use Having reviewed the above application and made a site visit, the Engineering Department has the following comments: 1. The applicant needs to include a vicinity map with this submission. 2. The Engineering Department recommends that construction of a sidewalk along the Hopkins St. side of this property should be a condition of approval. If this sidewalk is not constructed prior to the issuance of a C.O., bonding is required per Section 20 -16 (c) (1) of Municipal Code. 3. Although the additional off- street parking which this application has proposed meets the requirement of Section 5 -301 (C) of the Aspen Land Use Regulations, the off - street parking is very limited in this area and the Engineering Department recommends that there be more spaces than what has been proposed. jg /bucher cc: Jay Hammond Chuck Roth CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 11/17Z88 DATE COMPLETE: 2 S PARCEL ID AND CASE NO. 2735 - 124 -58 -002 61A -88 STAFF MEMBER: N £ PROJECT NAME: Bucher Conditional Use Project Address: 113 East Hopkins Avenue Legal Address: Lots C & D. Block 68 APPLICANT: J Gary Bucher Applicant Address: 522 Fall River Road Houston. TX 77024 REPRESENTATIVE: Same Representative Address /Phone: (713) 827 -8080 PAID: YES NO AMOUNT: $760.00 TYPE OF APPLICATION: 1 STEP: X 2 STEP: P &Z Meeting Date � 'J PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: City Attorney _ City Engineer Housing Dir. Aspen Water City Electric Envir. Hlth. Aspen Consol. S.D. Mtn. Bell Parks Dept. Holy Cross — 7 Fire Marshall Building Inspector Roaring Fork Energy Center School District Rocky Mtn Nat Gas State Hwy Dept(GW) State Hwy Dept(GJ) Other DATE REFERRED: 1l 07 9/& INITIALS: FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Engineer _ Zoning _ Env. Health _ Housing other: FILE STATUS AND LOCATION: ASPEN /PITRIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920 -5090 November 29, 1988 J. Gary Bucher 522 Fall River Road Houston, TX 77024 RE: Bucher Conditional Use Dear Gary, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application IS complete. We have scheduled your application for review by the Aspen Planning and Zoning Commission at a public hearing on Tuesday, January 3, 1988 at a meeting to begin at 4:30 PM. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. This application requires a sign to be posted in a conspicuous place on the property at least 10 days prior to the hearing. Mailing of notice to all owners of property within 300 feet of the subject development parcel is also required by the applicant. If you have any other questions, please call Roxanne Eflin, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant TO: City Engineer Fire Marshall FROM: Roxanne Eflin, Planning Office RE: Bucher Conditional Use Parcel ID # 2735- 124 -58 -002 DATE: November 29, 1988 Attached for your review and comments is an application from Gary Bucher requesting Conditional Use approval in order to use the garage on the property at 113 East Hopkins as a caretaker employee unit. The property is in the R -6 zone and is Historically Designated. Please review the attached material and return your comments no later than December 21, 1988 so that I may have time to prepare a memo for the P &Z. Thank you. P. O. BOX 19651 HOUSTON, TEXAS 77224 BUCHER PETROCHEMICAL COMPANY 8955 KATY FREEWAY HOUSTON, TEXAS 77024 November 16, 1988 Ms. Cynthia M. Houben Aspen Pitkin Planning Office 130 South Galena Street Aspn, Colorado 81611 Re: Conditional Land Use Application Dear Cindy, PHONE: (713) 467 -4180 I have enclosed my conditional land use application for 113 East Hopkins Avenue as well as my check in the amount of $760 for the applicable fees. If you would give it to the appropriate person for disposition, you have my sincere appreciation. If you need any further supplimentary material, please let me know. Regards, L/1 y Bucher JGB /rma ISpace Above This Line For Recording Data] DEED OF TRUST 11i1S DEED OF TRUST ("Securi v I . r np 1 c adf $y , fSovet tber , 1Scl> ............. __ ' c ..'. mong the grantor .. .....................:....... • -- F . 1`iver (toad, Houston, `Pe; s Ptticin rIf CAG ................................ Cnunn ( "Trustee ").and the beneficiary . ..... ..... .... ......................................................................•................. ............................. . ..... ............................... ................................ .................................. I ........ .................... which is organized and existing under the laws of........ f e?. 4 .a' .......................... ............................... and whose address is ... ............................... .. 1.1...l:ies, u_ van ...F ....P.,...fiR�.7�2.QQa.,. }it.ust.en �...T,=xas ..... 773..27 .7. 2205 .............................. Lender' Borrower owes Lender the principal sum of ..... eM I ...... iUND . RED . . .. T .. E . N .. THOUSAND ... .. FI ... HUN ..... ............ SEVEN — THRE ...................................................................... "D 55/1..0--- --------- - --- -- $ ..... 0 573 55 ...... This debt is evidenced by Borrower's note ..... .............................7 . .:..... .......:..... dated the same date as this Security Instrument ( "No{e" , which provides for monthly payments, with the full debt, if not paid earlier, due and payable on ..9K 'Jefore, 51x [ 6 montlts from .. date . ...... hereof This Security Instrument ... .... ................... ........................ sceures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, ,vith interest, advanced under paragraph 7 to protect the security of this Cr; tltilD Jfisiruntenr, and (c) the performance of Borrower's covenants and agreements under this Security Instrument and : ^w N01& y0f iitis purpose Borrower, in consideration of the debt and the trust herein created, irrevocably grants and "n' `% I f mf tgf; ih ifd3t ttith power of sale, the following described property located in ................... ............................... I ..: !.0 . ..__ .... ........................County, Colorado: ?It. (68), City and Townsite of Aspen, County of 113 East Hopkins Avenue Aspen which has t}te address of ........................................................... .................I............ . 81611 [street) [city) Colorado ....................... ............................... ( "Property Address "); IZip Code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property," BORROWER COVENANTS that Borrower is lawfully seised of the .estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record, Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, COLORADO —Smgle Family— FNMA/FHLMC UNIFORM INSTRUMENT Form 3006 12183 UNIFORM COVENANTS. Bdv„wer and Lender covenant and agree as follow,,,/ 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. f 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ( "Funds ") equal to one - twelfth of: (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums; and (d) yearly mortgage insurance premiums, if any. These items are called "escrow items." Lender may estimate the Funds due on the basis of current data and reasonable estimates of future escrow items. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. Lender may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Security Instrument. If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to tale due dates of the escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the amount of the Funds held by Lender is not sufficient to pay the escrow items when due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lender. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Leader. If under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applied: first, to late charges due under the Note; second, to prepayment charges due under the Note; third, to amounts payable under paragraph 2; fourth, to interest due; and last, to principal due. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards for which Lender requires insurance. Tllis insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30 -day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and'_ or change the amount of the payments. If under paragraph 19 the Property is acquircd by Lender. Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall p.: >s to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially chance the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold. Borrower shall comply with the provisions of dlC (Case, and if Borrower.icquires fee title to the Property, the leasehold and lee title shall not merge unless lender agrees to the merger in writing. Protection of Lender's Rights in the Property; Mortgage Insurance. If 3orrower fails to perform the eowen:uus and agreements contained in this Security Instrument, or there is a legal proceeding that may significandy affect Lender's rights in the Property (such as a proceeding in bankrup(cy, probate, for condemnation or to enforce laws or rcgul.uions), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions ntag nelude pa}ing any sums secured M a lien which has priority user this Security Instrument. appearing In coart. pa \ing reasonable attorneys fees and entering on the Property to make repairs. Although Lender maw take action under this paragraph 7. Lender does not have to do so. Am antouttts disbursed by Lender under this paragraph 7 shall become additional dehi of Borrower sceured by this e.=u% Instrument. Unless Borro%%cr mid LelLicr agree to other :erns of payment. ;!lcsc :miounu shall bear interest tram :!1 : Jai e .a .itshursenient at :he Note rate .ud .hail 'se run r,uer :,t. stun nnlcC 'frnt Lender ;o torrover ryccenm_ payment. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. 8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrower, or if• after notice by Lender to Borrower that the condemnor offers to stake an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy sltall not be a waiver of or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co -signs this Security Instrument but does not execute the Note: (a) is co- signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of paragraph 17. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event th:u any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower, if all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Burrower is not a natural person) without Lender's prior written consent, Lander may, at its option, require immediate payment in full of all sums secured by this Security Instrument, tiowever, this option shall not be exercised by Lender if exercise is prohibited by federal laze as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the bate the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies perntttted by this Security Instrument without further notice or denland on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have ent :ucentrnt of this Security Instrument discontinued at any time prior to the earlier of: (at' days for such other period as .trphcahla law may specify for reinstatement) belore sale of the Property pursuant to any power of sale contained in this jecuntr Instrument: or (b) entry of it judgment enforcing this Sccun(\ Instrument. Those conditions are that Borrower: ,,tt rats Lender all wins which then would he due under this Security Instrument and the Note had no acceleration :erred: ihl cures anc default of . Inv other covenants or tereemenn: yet nays ail ;.xpenses incurred m anioreinq this Srcurnt Instruntcm, utcludine, but not limited to. reasanu'nle tttortw `:es: and ,.I) takes sucn .tenon as Lender may :asonahk rcywre :,t assure that the !tan f this Secur ity Instr:m;ant. Len: er's nghts it '.hr f �openc :md Borrowers t r t :o ay .he 'urns secured 'ty us S � Imtrtina,tt -^ u' nu unto ut.han.0 (,.m clMotent by 'ns ` t,trtr: ttutrument :u a he •hit nn t ..dcuroo •mot Tel r.nnam 111\ e� o t. i na w:c;eration had {,•wetrr. ;:us n;ht to r,.mtat: l:dl not .t, ; is'n t -axe � i . , t. ,�r.mon amicr -,trau,u its or . /secu ON•UNIFORbt COVENAIS!rl3orrower and Lender further covenant and ' agree as follows: 19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's red reach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17 nless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the efault; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; nd (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 19, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to Borrower as provided in paragraph 14. Trustee shall record a copy of the notice in the county in which the Property is located. Trustee shall publish a notice of sale for the time and in the manner provided by applicable law and shall mail copies of the notice of sale in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. After the time required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security Instrument. 21. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request that Trustee release this Security Instrument and shall produce for Trustee, duly cancelled, all notes evidencing debts secured by this Secunty Instrument. Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees. 22. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property. 23. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the riders) were a part of this Security Instrument. [Check applicable box(es)] ❑ Adjustable Rate Rider ❑ Condominium Rider 2-4 Family Rider r7 Graduated Payment Rider Planned Unit Development Rider E] Other(s) (specify] By SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. WY .. ....... � ......... ..........................(Seal CHER —Borrow ......................................................... ............................... (Seal) — Borrower xF STATE of Le- C c r -%1 Uri COU;," Y OF 't 1 7 - k / A (Space Below This Line For Acknowledgment) 'iris instrument was aclmcw!cc _:^ . Lefcr^ tnn on the 3 d..a c! NO dfs01:9 J. GARY rUCHER. ( SLR? ) Ccruci�;sicn "otar Oubiic, State of ?rint C'. Diamc df Mctary Pcbiic ATTACHMENT 2 Minimum Submission Contents for All Development Applications 1. Applicant and Authorized Representative: J. Gary Bucher (o) 713 - 467 -4180 522 Fall River Road (h) 713 - 827 -8080 Houston, Texas 77024 2. Street address and legal description of the parcel on which the development is proposed to occur. 113 East Hopkins Avenue Lots C & D, Block 68, Townsite of Aspen, Pitkin County, Colorado 3. See attachment. 1 4. See attachment. 2 5. The proposed development complies with the substantive review standards relevant to the Development Application as stated by the attached Application for Historical Preservation Committee Development Rey -iew which was approved by the "HPC" June 14, 1988 with the exception of conditional use of the garage- storage building which willbe addressed in Attachment 4. ATTACHMENT 3 A. See attachment. 3 (HPC approved plans dated 6/14/88 and blueprint of garage- caretaker's quarters and site plan) MR. & MRS. GARY BUCHER RESIDENCE 113 EAST HOPKINS ASPEN, COLORADO ASPEN HI TORI PRESERVATION COMMITTEE CHAIRMAN DATE r O' IN ' X� APPROVED DENIED CONDITIONS ANY DEVIATION FROM THESE PLANS MUST BE SUBMITTED FOR REAPPROVAL KARL KRAUSE CORPORATION ARCHITECTS /ENGINEERS 820 GESSNER, SUITE 870 HOUSTON, TEXAS 77024 713/973 -3950 DATE : 5 -20 -88 40'-0' 1 c 0 N 0 M AUNDRY 11 BREAKFAST L MASTER B.R. r 0 f fti N i PO DER CL. V M.BATH NEW FRONT PORCH 20 -0' EXISTING HOUSE /TO' / REMAIN NEW' ¢00, 1 FIRE PLACE FIRST FLOOR PLAN SCALE: 1/8'-1'0' DATE : 9 -03 -87 REVA :9 -10 -87 REV. 2 : 9 -14 -87 REV.3:10 - 02 - 8 7 ow A•1 -On -AR 1 st FLOOR : EXISTING - 660 S.F. NEW - 864 S.F. TOTAL 1 st FLOOR - 1524 S.F. 2nd FLOOR :NEW - 864' S.F. TOTAL 2388 Si NORTH t F SECOND FLOOR PLAN SCALE : 1/8' - 1'o' DATE : 9 -03 -87 REV-1 :9-10-8T REV. 5:3 -25 -88 REV.6:3 -30 -88 Iffe lr:l REV. 2 : 9 -14 -87 REV-3:10--02-87 REV.,:1 -20 -88 s 4 •M, FRONT ELEVATION REV.6:3 -30 -86 BUCHER RESIDENCE 1.13. HOPKINS 3 O 0 c 2ND FL N O i. 0 O 1ST FL 1 ' i I I ' EXISTING HOUSE EAST ELEVATION SCALE : 1/8' -1'0' NEST EEEVATI ®N SCALE 118' -1'0' �Ilil�; 12 12:;x. " ; ; I I � oi12 12 T c _ I o m 2N FL - N lj L -1ST FL � EXISTING HOUSE. REAR ELEVATION/ SCALE : 1/80 -1'0' ATTACHMENT 4 Review Standards: Development of Conditional Use A. Since the primary residence has a historical designation located in R -6 zoned area, it is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan to allow a second building on a 6000 square foot lot to be residental in nature. In this case, a caretaker's living quarters is being incorporated into the proposed garage with an apron abutting it to provide an additional parking space. Total coverage of the lot by all improvements is less than 40 %. This characterization in no way changes the "HPC" approved exterior development plans. B. The surrounding land uses vary from single family dwellings to a hotel and condominium complexes. The lot adjacent to the east currently has a primary residence as well as a quarters to the rear of the lot. It is therefore felt there is no inconsistency or incompatibility with the surrounding land uses relative to the proposed conditional use. C. It is felt that there are no negative impacts for such condi- tional use and in fact, the primary impact is very positive with the aspect that someone most likely would be in residence on the property full time. D. With the limited scope of the proposed conditional use, it does not appear that public facilities and services currently existing would be taxed or be inadequate. E. Essentially, this application for conditional use development is only concerned with minor use change relative to the currently approved redevelopment plans. In light of the Aspen Area Develop- ment Plan and Historic Element, City Ordinance 11 - 1987, and City Resolution 11 - 1988, the proposed use coincides with the general incentives and spirit put forth by such. That is, an additional living space is being created for a year around resident without negatively or adversely affecting the structure, surrounding land use or visual profiles of the locale. NOTICE TO ADJACENT PROPERTY OWNERS RE: BUCHER CONDITIONAL USE APPLICATION NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, January 3, 1988 at a meeting to begin at 4:30 PM before the Aspen Planning and Zoning Commission, Second to deting Room, 130 South Galena Street, Aspen, Colorado, an application from J. Gary Bucher requesting Conditional Use approval in order to construct a second detached dwelling City garage structure at 113 East Hopkins, ro su t is located on Historic Preservation provisions. The p and y is Historically Lots C & D, Block 68, is zoned R -6, Designated. For further information, contact the Aspen /Pitkin Planning Office, 130 South Galena Street, Aspen, Colorado, (303) 920 -5090. s C. Welton Anderson Chairman, Aspen Planning and Zoning Commission O a CO) CD C.) -. O °� n a == � m 0 M fff u i 6 o. an s a o o� ow 1 a fff u i 6 ATTACHMENT 4 Review Standards: Development of Conditional Use A. Since the primary residence has a historical designation located in R -6 zoned area, it is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan to allow a second building on a 6000 square foot lot to be residental in nature. In this case, a caretaker's living quarters is being incorporated into the proposed garage with an apron abutting it to provide an additional parking space. Total coverage of the lot by all improvements is less than 40 %. This characterization in no way changes the "HPC" approved exterior development plans. B. The surrounding land uses vary from single family dwellings to a hotel and condominium complexes. The lot adjacent to the east currently has a primary residence as well as a quarters to the rear of the lot. It is therefore felt there is no inconsistency or incompatibility with the surrounding land uses relative to the proposed conditional use. C. It is felt that there are no negative impacts for such condi- tional use and in fact, the primary impact is very positive with the aspect that someone most likely would be in residence on the property full time. D. With the limited scope of the proposed conditional use, it does not appear that public facilities and services currently existing would be taxed or be inadequate. E. Essentially, this application for conditional use development is only concerned with minor use change relative to the currently approved redevelopment plans. In light of the Aspen Area Develop- ment Plan and Historic Element, City Ordinance 11 - 1987, and City Resolution 11 - 1988, the proposed use coincides with the general incentives and spirit put forth by such. That is, an additional living space is being created for a year around resident without negatively or adversely affecting the structure, surrounding land use or visual profiles of the locale. r J - J J, J rl t � iJ 0 j •. � ���il.t� Application Package Contents Attached is a Development Application package for submission of your application. Included in this package are the following attachments: 1. Application Form 2. Description of Minimum Contents of Development Application 3. Description of Specific Contents for Submission of your Application 4. Copy of Review Standards for Your Application 5. Public Hearing Notice Requirements Summary 6. General Summary of Your Application Process Generally, to submit a complete application, you should fill in the application form and attach to it that written and mapped information identified in Attachments 2 and 3. Please note that all applications require responses to the review standards for that particular development type. The standards for your application are listed in Attachment 4. You can determine if your application requires that public notice be given by reviewing Attachment 5. Table 1 of that attachment will tell you whether or not your application requires notice and the form the notice should take. Your responsibilities in this regard are summarized in the cover explanation to the table. We strongly encourage all applicants to hold a pre - application conference with a Planning Office staff person so that the requirements for submitting a complete application can be fully described to you. Please also recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. appcover v•;ia 1) Project Name 2) Project rotation (indicate street address lot & block number, legal description where appropriate) 3) Present Zoning 5) Applicant's Name, Addr ess & Phone # 6) Representative's Name, Address & Phone 4) lot Size 7) Type of Application (please check all that apply): wnditional Use Special Review 8040 Greenline Stream Margin Ootneptual SPA Final SPA Conceptual — PUD Final PUD M=*.ain View Plane _ Subdivision Ivt split/Jot Line Adjustme Canoept ual Historic Dev. Final Hi stori c Dev. Minor Historic Dev. Histori Dennlition Historic Designation �.. e I M �l -,�. .. 8) Description of EXiSting Uses (amber and type of ex strHCfn appra ma te sq. ft.; amber of bedrooms; any previous approvals granted to the property) - 9) Description of Development Application 10) Have you attached the followirxp- Response to A ttachment ent 2, Minihnn S1Smi —ss ion Oontents Response to Attachment 3, Specific submission Contents Response to Attachment 4, Review Standards for Your Application Specific Submission Contents: Development Application for Conditional Use The Development Application for a conditional use shall include the following. A. A sketch plan of the site showing existing and proposed features which are relevant to the review of the conditional use application; and B. If the application involves development of _a new structure or expansion or exterior remodeling of an existing structure, proposed elevations of the struc- ture. Attachment 5 Public Hearing Notice Requirements There are three forms of notice required by the Aspen Land Use Regulations, these being notice by publication in the newspaper, notice by posting of the property and notice by mail to surrounding landowners. You can determine whether your application requires notice, and the type of notice it requires, from Table 1, which is attached to this summary. Following, is a summary of the notice requirements, including identifying who is responsible for completing the notice. 1. Publication Publication of notice in a paper of general circulation in the City of Aspen is to be done at least 15 days prior to the hearing. The legal notice will be written by the Planning Office Administrative Assistant and we will place the notice in the paper within the appropriate deadline. 2. Posting Posting of a sign in a conspicuous place on the property is to be done 10 days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Planning Office, to fill it in correctly and to bring proof (preferably a photograph) to the hearing that posting took place. 3. Mailing Mailing of notice is to be made to all owners 300 feet of the subject development parcel by is the applicant's responsibility to obtain a from the Planning Office, to mail it accordii standards, and to bring proof to the hearing signed affidavit) that the mailing took place. Standards for notice shall be as follows: of property within the applicant. It copy of the notice ig to the following (in the form of a a. Any federal agency, state, county or municipal government service district or quasi governmental agency that owns property within 300 feet of the subject property must be mailed notice 15 days prior to the hearing. b. All other landowners within 300 feet of the subject property must be mailed notice 10 days prior to the hearing, unless notice is given by hand delivery, in which case it must be sent 5 days prior to the hearing. C. Subdivision applications only also require notice by registered mail to all surface owners, mineral owners and lessees of mineral owners of the subject property. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty days prior to the date of public hearing. Attachment 6 General Summary of One Step Commission and One Step Council Application Process 1. Application Types: The following are the Development Applications which are processed in one step by the Commission: * Conditional Use * Special Review (Dimensional Requirements, Parking or Utility /Trash Service Area) * ESA (8040 Greenline, Stream Margin or Mountain View Plane) * GMQS Exemption for expansion of commercial or office use, change in use and for historic landmark The following are the Development Applications which are processed in one step by the Council: * Subdivision Exemption for lot line adjustment, lot split or condominiumization * GMQS Exemption for lot split 2. Development Review Procedure Summary: The one step development review procedure can be described as follows. Stage One: Attend pre - application conference. The purpose of this one -on -one meeting with staff is to determine the review process into which your development proposal fits and to identify the materials staff will need to review your application. Stage Two: Submit Development Application. Based on your meeting with staff, you should respond to the appropriate portions of the application package and submit the requested number of copies of a complete application, with the appropriate processing fee, to the Planning Office. Stage Three: Determination of Completeness. Within five working days of the date of your submission, the application package will be reviewed by a member of the staff. You will be notified in writing of whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not you have submitted what was requested, not whether the information is sufficient to obtain approval. such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is issued. For more information on the Building Permit Stage, please visit the Building Department to obtain handouts on their review procedures. lstepsumm k i To: Aspen Planning and Zoning Commission From: Roxanne Eflin, Planning Office Re: Conditional Use - 113 East Hopkins Ave. Date: January 3, 1988 ---------------------------------------------------------------- ---------------------------------------------------------------- REQUEST: Conditional Use approval for the construction of a second detached dwelling on a site containing a historic landmark. The second unit would be located in a garage which is proposed to be built on the site. APPLICANT: J. Gary Bucher LOCATION: 113 E. Hopkins Ave., Lots C and D, Block 68, Townsite and City of Aspen ZONING: R -6; H, Historic Overlay SUMMARY: Section 5 -201 of the Land Use Code provides for the development of two detached dwelling units on a lot with a minimum area of 6,000 sq. ft., provided the site has received historic landmark designation. The applicant wishes to convert the storage space in the proposed new garage structure to a caretaker dwelling unit to assist in meeting the community's affordable housing goals. The conditional use review, however, does not require that the dwelling unit be deed restricted with regard to price or occupancy. DESCRIPTION OF THE PROPOSAL: The total proposed square footage of the detached one car garage is 448 sq. ft., with 287 sq. ft. designated for parking and 161 sq. ft. for the dwelling unit. An additional paved parking pad adjacent to the garage will provide on -site parking for an additional vehicle. OTHER COMMITTEE ACTION: In June, Final Development plans for the partial demolition and remodeling structure, the demolition of the of demolition has been completed) and car garage with storage. 1988, the HPC approved the parcel, which includes the of the (c. 1888) principal ie car detached garage (which the reconstruction of a one REFERRAL COMMENTS: 1) Engineering Department: The following requests were made in the attached memorandum by Jim Gibbard of the Engineering Department. a. A sidewalk should be constructed along Hopkins Street as a condition of approval. Should the sidewalk not be constructed prior to the issuance of a C.O., bonding is required per Section 20 -16 (c) (1) of the Municipal Code. b. The Engineering Department recommends that the applicant provide for more on -site parking than what is proposed, even though the parking spaces proposed meet the requirements of Section 5- 301(c) of the Land Use Regulations. The recommendation is made based upon the limited amount of off- street parking in this area. 2) Fire Marshall: Wayne Vandemark requests the caretaker unit have a separate address from the main structure, recommending 113 1/2, so that their records would indicate two residences on the site. 3) Building Department: The square footage indicated for the dwelling unit is below the minimum allowable size. The Building Department and Staff recommend the applicant enlarge the unit accordingly, shifting the proposed footprint slightly to insure against set back encroachment. Staff has notified the applicant of the inadequacy. Mr. Bucher intends to present the enlargement plans at tonight's meeting. STAFF COMMENTS: Section 7 -304 of the Land Use Code requires that a conditional use approval meet the following criteria: A. Criteria: 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: The 1973 plan designates this area as "Mixed Residential ". Staff finds the proposal consistent with the Comprehensive Plan and community -wide efforts to provide for integrated affordable housing where possible. B. Criteria: 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: Staff finds that the use is compatible in character with the neighborhood which consists of a variety of land uses from single family to small lodge and condominium complexes. Secondary dwelling units are found on sites elsewhere in the neighborhood. We find no negative 2 impacts with the addition of the proposed dwelling unit on this site. C. Criteria: The characteristics c adverse effects, pedestrian and service delivery, properties. location size, design and operating f the proposed conditional use minimizes including visual impacts, impacts on vehicular circulation, parking, trash, noise, vibrations and odor on surrounding Response: The Planning Office finds that the proposal minimizes any adverse effects. Its design is simple in nature and has been previously approved by the Historic Preservation Committee. However, in a referral comment from Rob Weien of the Building Department, an enlargement of the dwelling unit will be required to meet the minimum standards. Currently the space measures 161 sq.ft. A minimum of 220 sq.ft. is required for each legal dwelling unit. Staff finds that a slight enlargement would not impact the nature of the structure or its compatibility with the principal structure, a historic landmark, located on the parcel. However, a Minor Development application must be approved by the Historic Preservation Committee, amending the previously approved plan, subject to the criteria specified in Section 7- 601(E). Although the caretaker dwelling unit will not be deed restricted, Staff discussed the proposal with the Housing Authority in relation to size standards. Given the voluntary nature of the unit, the Housing Authority's minimum 300 sq.ft. standard would not apply. Should the applicant wish to deed restrict the unit in the future, the Housing Authority would accept it as an existing unit. The Planning Office finds that the parking criteria established in Section 5- 301(C) are satisfied with this proposal. The site currently contains one parking space to serve the main three - bedroom house. The proposed parking plan indicates two new spaces, one to serve the new dwelling unit, the other to serve the principal house. The new addition to the main house creates no additional bedrooms. D. Criteria: 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: The application states that with the limited scope of the proposed conditional use, it does not appear that public facilities and services currently existing would be taxed or be inadequate for the conditional use. Staff 3 finds that the existing public facilities serve this project well, as the project is limited in scope and should not produce a negative impact on the public facilities. E. Criteria: 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: Staff commends the applicant for this proposed conditional use which meets the goals of the Comprehensive Plan by providing additional living space for a year -round resident without negatively or adversely affecting the structure, surrounding land use or visual profiles of the site. RECOMMENDATION: The Planning Office recommends approval of the request for conditional use subject to the following conditions: 1. That the structure be addressed according to the Fire Marshall's recommendation: 113 1/2 W. Hopkins Ave. 2. That the applicant meet the requirement of the Engineering Department to install a sidewalk along Hopkins Street, posting a bond as required in Section 20 -16 (C)(1) if the sidewalk is not constructed prior to the issuance of a C.O. 3. That the dwelling unit be slightly enlarged to meet the Building Department's criteria for minimum dwelling size of 220 sq. ft. 4. That the HPC review and approve the dwelling unit enlargement prior to the issuance of a building permit. memo.pz.113eh 4 • n P HOPKINS AVE. i� REBAR B CAP SET IN PLACE EXIST TO R V Z t S 75° 9 1 E , EXISTING TREE i t RELOCATE i TREE 1 EXISTING TREE AIN 1 ' —`� REBAR B CAP 60.Od �-: SETS -IN ^PLACE TO REMAIN AI � z� si ml EXISTING ONE bj STORY ORIG. HOUSE b' TO REMAIN �I 0 EXI TW TO 5' — Q „ � L , N ;TORY ADDITION .REMOVED � Wi oI I E " REBAR B CAP • SET IN PLACE =LWw& CSSOCIATG5.INC.I A = COUJRA00.D0 NERE(YVCEn - :R.I) I I-IAv6 E(AMINED'R1E O YT+E IMPROVEMENTS. EA5E - 114C S4rnE AS SUpWN ON THIS Q:� Jp 01ST�j. AR 5 G�BAGE '_ _ _ _ _ RAG JI NEW DRIVE WAY, I c EXISTING ONE STORY .I REBAR B CAP SET IN PUCE TO! BE REMOVED"_ I NORTH ALLEY SIT P o ; .00.� z� si ml EXISTING ONE bj STORY ORIG. HOUSE b' TO REMAIN �I 0 EXI TW TO 5' — Q „ � L , N ;TORY ADDITION .REMOVED � Wi oI I E " REBAR B CAP • SET IN PLACE =LWw& CSSOCIATG5.INC.I A = COUJRA00.D0 NERE(YVCEn - :R.I) I I-IAv6 E(AMINED'R1E O YT+E IMPROVEMENTS. EA5E - 114C S4rnE AS SUpWN ON THIS Q:� Jp 01ST�j. AR 5 G�BAGE '_ _ _ _ _ RAG JI NEW DRIVE WAY, I c EXISTING ONE STORY .I REBAR B CAP SET IN PUCE TO! BE REMOVED"_ I NORTH ALLEY SIT P t 12 GARAGE END ELEVATION SCALE : 1/8' -1'0' Fl GARAGE SIDE ELEVATION SCALE : 1/8' -1'0' 12 GARAGE - WEST ELEVATION SCALE : 1/8' -1'0' C � i GARAGE - SOUTH ELEVATION SCALE : 1/8' -1'0' 0 2 Q J m CL �(,Y Cil O LU J ... J � CE Z� "A CC LL In Li 0 TO: City Engineer Fire Marshall FROM: Roxanne Eflin, Planning Office RE: Bucher Conditional Use Parcel ID # 2735- 124 -58 -002 DATE: November 29, 1988 Attached for your review and comments is an application from Gary Bucher requesting Conditional Use approval in order to use the garage on the property at 113 East Hopkins as a caretaker employee unit. The property is in the R -6 zone and is Historically Designated. Please review the attached material and return your comments no later than December 21, 1988 so that I may have time to prepare a memo for the P &Z. Thank you. 4" �� 1 ae u� (pJ� - Came o u�. t , '" � e oti � MEMORANDUM To: Aspen Planning and Zoning Commission From: Roxanne Eflin, Planning Office Re: Conditional Use - 113 East Hopkins Ave. / Date: January 3, 1988 ;e , -e ----------- REQUEST: Conditional Use approval fqf trie cons ruction of a second detached dwelling in a garage 11.Eruct{ure� APPLICANT: J. Gary Bucher f� Pf C�I1 sbdlC LOCATION: 113 E. Hopkins Ave., Lo, s C d D, Block 68, Townsite and City of Aspen \ ZONING: R -6; H, Historic �vAKlay SUMMARY: S development area of 6,0 landmark de proposed stc ion 5 -2 0 two det ch d sq. ft. pro ' nation. T le space in ling u t to ,ina ao s��'��e ' i nd Us Code provides for the ing uni with a mi um lot ad t site h recei h toric appli nt wish s to cone t the proposer} new garag struc a to a .ssist in meet-in the c unity's 11Ea'a Lo EF -1— The total p pose are footage t etache des hqtpd for additi 91 pav on -site' arkin 161 is 448 s ft., th 287 sq. ft. sq. ft. r the elling unit. An ent o th arage will provide tional ve 'cle OTHER CO Vdelition N: In Jun , the HPC approved the Final 'e ans for e cel, which includes the z7 }partial de remodel 36 o the principal structure (c.' o 1888)1 of tk on car detached garage (which e olition ompletet d the reconstruction of a one car garage e. REFERRAL COMMENTS: f 1) Engineering De men The following requests were made in the attached emor dum by Jim Gibbard of the Engineering Department. a. A sidewalk should be constructed along Hopkins Street as a condition of approval. Should the sidewalk not be constructed prior to the issuance of a C.O., bonding is required per Section 20 -16 (c) (1) of the Municipal Code. b. The Engineering Department recommends that the applicant provide for more on -site parking than what is proposed, even though the parking spaces proposed meet the requirements of Section 5- 301(c) of the Land Use Regulations. The recommendation is made based upon the limited amount of off - street parking in this area. 2) Fire Marshall: Wayne Vandemark requests the caretaker unit have a separate address from the main structure, recommending 113 1/2, so that their records would indicate two residences on the site. 3) Building Department: The square footage indicated for the dwelling unit is below the minimum allowable size. The Building Department and Staff recommend the applicant enlarge the unit accordingly, shifting the proposed footprint slightly to insure against set back encroachment. J Staff has notified the applicant of the inadequacyp ax& he¢- P ( DOf� -v±i-1 intends to the enlargement at -e h - meeting. STAFF COMMENTS: A. Criteria: 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 7a^ District in which it is proposed to be located. 1';." 06& Response: Staff finds the proposal consistent with the arse Comprehensive Plan and community -wide efforts to provide for dr "'`1e integrated affordable housing where possible. B. Criteria: 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: Staff finds that the use is compatible in character with the neighborhood which consists of a variety of land uses from single family to a hotel and condominiums complexes. Secondary dwelling units are found on sites elsewhere in the neighborhood. We find no negative impacts with the addition of the proposed dwelling unit on this site. C. Criteria: 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 Planning Office finds that the proposal minimizes any adverse effects. Its design is simple in nature and has been previously approved by the Historic Preservation Committee. However, in a referral comment from Rob Weien of the Building Department, an enlargement of the dwelling unit will be required to meet the minimum standards. Currently the space measures 161 sq.ft. A minimum of 220 sq.ft. is required for each legal dwelling unit. Staff finds that an slight enlargement would not impact the nature of the structure or its compatibility with the principal structure, a historic landmark, located on the parcel. However, a Minor Development application must be approved by the Historic Preservation Committee, amending the previously approved plan, subject to the criteria specified in Section 7- 601(E). D. Criteria: 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: The application states that with the limited scope of the proposed conditional use, it does not appear that public facilities and services currently existing would be taxed or be inadequate for the conditional use. Staff finds that the existing public facilities serve this project well, as the project is limited in scope and should not produce a negative impact on the public facilities. E. Criteria: 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: Staff finds that the proposed conditional use meets the goals of the Comprehensive Plan by providing additional living space for a year -round resident without negatively or adversely affecting the structure, surrounding land use or visual profiles of the site. RECOMMENDATION: The Planning Office recommends approval of the request for conditional use subject to the following conditions: 1. That the structure be addressed according to the Fire Marshall's recommendation: 113 1/2 W. Hopkins Ave. 3 2. That the applicant meet the requirement of the Engineering Department to install a sidewalk along Hopkins Street, posting a bond as required in Section 20 -16 (C) (1) if the sidewalk is not constructed prior to the issuance of a C.O. 3. That the dwelling unit be slightly enlarged to meet the Building Department's criteria for minimum dwelling size °b)D,� art r 4. That the HPC review and approve d a6fi dwelling unit enlargement prior to the issuance of a building permit. memo.pz.113eh 4 3 Specific Submission Contents: Development Application for Conditional Use The Development Application for a conditional use shall include the following. A. A sketch plan of the site showing existing and proposed features which are relevant to the review of the conditional use application; and B. If the application involves development of a new structure or expansion or exterior remodeling of an existing structure, proposed elevations of the struc- ture. Attachment 5 Public Hearing Notice Requirements There are three forms of notice required by the Aspen Land Use Regulations, these being notice by publication in the newspaper, notice by posting of the property and notice by mail to surrounding landowners. You can determine whether your application requires notice, and the type of notice it requires, from Table 1, which is attached to this summary. Following, is a summary of the notice requirements, including identifying who is responsible for completing the notice. 1. Publication Publication of notice in a paper of general circulation in the City of Aspen is to be done at least 15 days prior to the hearing. The legal notice will be written by the Planning Office Administrative Assistant and we will place the notice in the paper within the appropriate deadline. 2. Posting posting of a sign in a conspicuous place on the property is to be done 10 days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Planning office, to fill it in correctly and to bring proof (preferably a photograph) to the hearing that posting took place. 3. Mailing Mailing of notice is to be made to all owners 300 feet of the subject development parcel by is the applicant's responsibility to obtain a from the Planning Office, to mail it accordii standards, and to bring proof to the hearing signed affidavit) that the mailing took place. Standards for notice shall be as follows: of property within the applicant. It copy of the notice ig to the following (in the form of a a. Any federal agency, state, county or municipal government service district or quasi governmental agency that owns property within 300 feet of the subject property must be mailed notice 15 days prior to the hearing. b. All other landowners within 300 feet of the subject property must be mailed notice 10 days prior to the hearing, unless notice is given by hand delivery, in which case it must be sent 5 days prior to the hearing. C. Subdivision applications only also require notice by registered mail to all surface owners, mineral owners and lessees of mineral owners of the subject property. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty days prior to the date of public hearing. Attachment 6 General Summary of One Step Commission and One Step Council Application Process 1. Application Types: The following are the Development Applications which are processed in one step by the Commission: * Conditional Use * Special Review (Dimensional Requirements, Parking or Utility /Trash Service Area) * ESA (8040 Greenline, Stream Margin or Mountain View Plane) * GMQS Exemption for expansion of commercial or office use, change in use and for historic landmark The following are the Development Applications which are processed in one step by the Council: * Subdivision Exemption for lot line adjustment, lot split or condominiumization * GMQS Exemption for lot split 2. Development Review Procedure Summary: The one step development review procedure can be described as follows. Stage One: Attend pre - application conference_ The purpose of this one -on -one meeting with staff is to determine the review process into which your development proposal fits and to identify the materials staff will need to review your application. Stage Two: Submit Development Application. Based on your meeting with staff, you should respond to the appropriate portions of the application package and submit the requested number of copies of a complete application, with the appropriate processing fee, to the Planning Office. Stage Three: Determination of Completeness. within five working days of the date of your submission, the application package will be reviewed by a member of the staff. You will be notified in writing of whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not you have submitted what was requested, not whether the information is sufficient to obtain approval.