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HomeMy WebLinkAboutLand Use Case.CU.971 Ute Ave.A22-96CAS"`;OAD SUMMARY SHEET - CITY ASPEN DATE RECEIVED: 3/20/96 CASE # A22 -96 DATE COMPLETE: STAFF: Dave Mirhnelso PARCEL ID # 2737- 182 -95 -029 Fot3 �S PROJECT NAME: Bass /Cahn, 971 Ute ADU Project Address: 971 Ute Avenue, Aspen, CO 81611 APPLICANT: Bass /Cahn Properties Address/Phone: P.O. Box 5078, Aspen, CO 81612; 920 -0007 REPRESENTATIVE: Stuart Lusk, Lusk Design Address/Phone: P.O. Box 2004, Aspen, CO 81612; no phone given or listed I 2 � 0 FEES: PLANNING $235 ENGINEER $0 HOUSING $0 ENV HEALTH $0 TOTAL $235 ❑ City Attorney City Engineer ❑ Zoning Housing ❑ Environmental Health Parks DATE REFERRED: 3 # APPS RECEIVED 8 # PLATS RECEIVED 8 TYPE OF APPLICATION: - Staf €-Appm"�- Cn/JPi" 70 (V11L � ❑ Aspen Fire Marshal ❑ City Water ❑ City Electric ❑ Clean Air Board ❑ Open Space Board ❑ Other: INITIALS: ❑ CDOT ❑ ACSD ❑ Holy Cross Electric ❑ Rocky Mtn Natural Gas ❑ Aspen School District ❑ Other: DATE DUE: 9 /6 APPROVAL: OrdinancOResolutl0rv# ��si Date: Staff Appro3aT° Date: Plat Recorded: Book , Page CLOSED/FILED DATE: INITIALS: ROUTE TO: RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING CONDITIONAL USE APPROVAL FOR AN ACCESSORY DWELLING UNIT TO BE CONSTRUCTED AT 971 UTE RESOLUTION NO. WHEREAS pursuant to Section 26.60.040 of the Land Use Regulations of the City of Aspen, accessory dwelling units may be approved by the Planning and Zoning Commission as a conditional use, and WHEREAS a development application for a conditional use approval shall meet the following standards: a. The conditional use shall be consistent with the purposes, goals, objectives, and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located, b. The conditional use shall be consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or it shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development, c. The location, size, design, and operating characteristics of the proposed conditional use shall minimize adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations, and odor on surrounding properties; d. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency, hospital and medical services, drainage systems, and schools, e. The applicant shall commit to supply affordable housing to meet the incremental need for increased employees generated by the conditional use, and f. The proposed conditional use shall comply with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all applicable requirements of this title. WHEREAS Bass/Cahn Properties, as represented by Stuart Lusk of Lusk Design, submitted an application for a conditional use approval for an accessory dwelling unit to be constructed at 971 Ute Avenue, Aspen, Colorado, and WHEREAS a public hearing was held at a regular Aspen Planning and Zoning Commission hearing on April 16, 1996, in which the Commission considered and approved the applicant's request by a vote of _ to with conditions; NOW, THEREFORE, BE TT RESOLVED: That the 410 square foot accessory dwelling unit at 971 Ute Avenue, City of Aspen, is approved subject to the following conditions: 1. Prior to the issuance of any building permits the applicant shall: a. Verify with the Housing Office that the net livable area of the accessory dwelling unit is a minimum of three hundred and forty (340) square feet, b. Verify with the Housing Office that the unit will be built with a kitchen having a minimum of a two burner stove with oven, standard sink, and a 6 -cubic foot refrigerator with freezer, c. Upon approval of the deed restriction by the Housing Office, the applicant shall record the deed restriction with the Pitkin County Clerk and Recorder's Office and provide proof of recordation to the Community Development Department. The deed restriction shall state that the accessory dwelling unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and if rented, the unit shall be rented for periods of six (6) months or longer, d. Clearly identify the accessory dwelling unit on building permit plans as a separate studio unit having a private exterior entrance and being in compliance with U.B.C. Chapter 35 sound attenuation requirements, e. Provide a drainage plan to confirm that the historic surface run -off shall be maintained on -site, f. Submit a landscape plan, preserving the existing willow, if possible, to the Park's Department for review, g. Apply for a tree removal permit two (2) weeks prior to the issuance of a building permit if the existing willow (8" diameter, multi- stemmed), spruce (8 1/2" diameter), and/or two (2) aspen trees (8" diameter) are removed. The required mitigation for the removal of any of these trees shall be as per Section 15.04.450 of the Municipal Code. 2. Prior to the issuance of a certificate of occupancy, the Community Development Department shall inspect the accessory dwelling unit to determine compliance with the conditions of approval. 3. The applicant shall consult with various City departments in regards to the following: a. City engineering for design considerations and any development within public rights -of -way, b. Parks department for tree removal, landscaping, and vegetative species, c. City streets department for any work or development, including landscaping, within public rights -of -way. 4. Any new surface utility needs including pedestals must be installed on -site. 5. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right -of -way. 6. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 7. Prior to the issuance of a certificate of occupancy, the Community Development Department shall inspect the accessory dwelling unit to determine compliance with the conditions of approval. APPROVED by the Planning and Zoning Commission at its regular meeting on April 16, 1996. PLANNING AND ZONING COMMISSION ATTEST: Sara Garton, Chair Deputy , City Clerk ASPEN*PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street • Aspen, Colorado B1611 • 970/920 -5090 BUILDING INSPECTION CHECK LIST Inspection Reinspection Partial Complete Permit ❑ STEEL (REBAR) ❑ ELECTRIC ❑ PLUMBING ❑ MECHANICAL ❑ BUILDING Footings Constr. Service Underground Rough R -Frame Caissons Underground Waste & Vent Flue(s) Insulation/glazing— Wall Rough Water Pipe Gas Log Drywall Wall Cores Perm. Service Gas Pipe Combust. Air Special Struc. Slabs Final Gas Tag Ventilation Mobile Home Pads Bonding Final Kitch. Hood Final Piers Special 'Fire Sprinklers Final Bond Beam Accepted ❑ Accepted as Noted ❑ Rejected ❑ Reinspection Fee $ ❑ You are required to make the following corrections on the construction which is now in progress: Contact Fire Marshal for sprinkler inspection. ° S(TF- W- TD CoNFIFAr\ NU/V��P� f�El LOa/►'I.S nF- rb PCiMD it R Instructions to Inspector: DESCRIPTION: # Levels r Garage: Attached N 01V67' Detached: Carport Entry Foyer_ Bedrooms Full Bath tBaths Kitchen Dining Living Family /Rec Media Room_ Library Office /Study_ Exercise Room_ Solarium /Greenhouse Storage Laundry Mach. Mud Room Sitting Room Den — ACCESSORY UNIT: Living Other: Breakfast Nook Kitchen Bath Bedroom Fireplace: Make: IVOOI7 Model # Gas Appliance: Make: Model # Address: cl - 7 - 1 WE; r t • - t" q Contact Phone q 7- — / 3 2 � Subdivision Request Received DATE TIME NAME Contractor LVS#� t15�SI Request for M T W Th F am pm TIME: Owner 'C'A"H N Date Insp. 70 Inspector 8. NGVIMS Indecendence Press, Inc. ygr RESIDENTIAL DESIGN CHECKLIST NOTIFICATION OF APPROVAL A. . RESIDENTIAL DESIGN STANDARDS MET. The project located at 2 ��i7�. G OfjaRD�'f�D (6�sSS A" Y"FVqXs') has been reviewed by City planning staff and has been found to be in compliance with the "Residential Design Standards" as adopted by Ordinance #30, Series of 1995. `Planning Staff B. DESIGN REVIEW APPEAL BOARD REVIEW .COMPLETED. The project located at has been reviewed by the Design Review Appeal Board and has been found to be in compliance with the "Residential Design Standards" as adopted by Ordinance 030, Series of 1995, with the exception of the standard(s) relating to which have been waived. Conditions of approval were _ or were not _ made by the Design Review Appeal Board. If condi tions apply, the meeting minutes are attached. Planning Staff THE ATTACHED REDUCED SIZE DRAWINGS, INITIALED BY THE PLANNING STAFF MEMBER ASSIGNED TO THE CASE, REPRESENT THE PROPOSAL THAT HAS BEEN APPROVED AS DESCRIBED ABOVE. ANY VARIATIONS FROM THESE PLANS WILL REQUIRE RE- REVIEW. c C C co C C tu � r z, O � jodm Qv _ psi r tu � r z, O � W O V LIJ I� J G L6oa R N_ ° O L iu. 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MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Bob Nevins, City Planner N RE: Bass /Cahn Accessory Dwelling Unit Conditional Use Review - Public Hearing Parcel ID No. 2737 - 182 -95 -029 DATE: April 16, 1996 SUMMARY: The applicant proposes to construct a 410 sf accessory dwelling unit which will contain approximately 343 sf of net livable area. The studio unit is to be located within the partially, below -grade level of a reconstructed single - family residence. Attached are the application as exhibit A, and the referral comments as exhibit B. Planning staff recommends that the conditional use for an accessory dwelling unit at 971 Ute Avenue, City of Aspen be approved with conditions. APPLICANT: Bass /Cahn Properties, as represented by Stuart Lusk of Lusk Design LOCATION: 971 Ute Avenue; Lot 2 and West 13 feet of Lot 1, Ute Addition to the City and Townsite of Aspen ZONING: Moderate- Density Residential (R -15 PUD) APPLICANT'S REQUEST: To construct a studio accessory dwelling unit containing approximately 410 sf in lieu of a cash payment pursuant to the conditions set forth in Section 26.100.050(A)(5)(c)(1)(a) of the Land Use Regulations. REFERRAL COMMENTS: Attached as exhibit B are the comments from the City Engineer, Housing Office, and Parks Department. The reviews are summarized below: City Engineer a. engineering memorandum is included as part of exhibit B. 2. Housing Office a. size of the proposed accessory dwelling unit is within the guidelines of the Code; b. kitchen must meet minimum requirements established for accessory dwelling units; c. a deed restriction for the unit must be recorded prior to building permit approval. r 4. r 3. Parks Department a. recommend preserving the multi- stemmed 8" diameter willow tree; b. removal of the existing spruce (8 -1/2 ") and/or two aspens (8 ") shall require mitigation as per Code; c. trees to remain shall be protected during construction; d. submission of a landscape plan for the property. STAFF COMMENTS: Pursuant to Section 26.60.040, a development application for a conditional use approval shall meet the following standards: A. The conditional use is consistent with the purposes, goals, objectives, and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located; RESPONSE: Included within the Aspen Area Comprehensive Plan is the Housing Action Plan which establishes a policy of promoting, marketing, and implementing the Accessory Dwelling Unit program. The Moderate - Density Residential (R -15) zone district is designated to provide areas for long term residential purposes with customary accessory uses. This conditional use request for the approval of an accessory dwelling unit within a single - family residence is consistent with the intent, philosophy, and policies of the Aspen Area Comprehensive Plan and complies with the intent of the Moderate- Density Residential (R -15) zone. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; RESPONSE: The immediate neighborhood surrounding the parcel contains a variety of land uses, densities, building types, and architectural styles. The site is located on the south side of Ute Avenue which is comprised primarily of detached, single - family, contemporary-style residences. Ajax Park and the Gant tennis courts are nearby. Across the street are the Gant condominiums and Ute Place, a private, single - family enclave. The existing residence is a dilapidated, single -story log structure that it is being rented to local residents /employees. The proposal to reconstruct the single - family residence with an accessory dwelling unit is consistent and compatible with the land uses and character of the Ute Avenue neighborhood. By providing an accessory dwelling unit, there will continue to be an opportunity for local employees to reside and enliven in the area. N ,. C. The location, size, design, and operating characteristics of the proposed conitional 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 accessory dwelling unit is contained within the footprint of the proposed, reconstructed, single - family residence. It is located at the rear of the residence in the partially below -grade level and should not create a visual impact from the street. The studio unit is 410 sf with approximately 343 sf of net livable area. The main living space measures about 200 sf and has a southwest orientation offering a private and comfortable living situation. The unit is designed to have a separate walkway and covered entry. The access stairway is proposed to be snowmelted for the resident's safety. An off -street parking space for the studio unit is provided in the driveway. Automobile trips should be minimized since the site is within walking distance of downtown Aspen, City Market, the gondola, Aspen Club, and several parks. The approval of an accessory dwelling unit within the proposed single - family residence should not adversely impact the surrounding properties. Planning staff recommends that the proposed walk/path be extended from the driveway to the entry of the accessory dwelling unit. The street in front of the property is a posted "no parking" zone. Therefore, the driveway width may need to be increased from the proposed fourteen (14) feet to seventeen (17) feet to provide two (2) additional off -street parking spaces, one (1) space for the accessory dwelling unit and one (1) guest space. The proposed single - family residence has a two -car garage. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency, hospital and medical services, drainage systems, and schools; RESPONSE: There are adequate public facilities and services to serve the proposed unit. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; RESPONSE: According to Section 26.40.090, Accessory dwelling units, the unit shall be deed restricted, meet the Housing Authority's guidelines for resident occupied units and shall be limited to rental periods of not less than six (6) months in duration. Owners of the principal residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. r F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all applicable requirements of this title; RESPONSE: The proposed conditional use for an accessory dwelling unit within a single - family residence is in conformance with the Aspen Area Comprehensive Plan and complies with all other applicable requirements. RECOMMENDATION: Planning staff recommends that the conditional use for the proposed accessory dwelling unit at 971 Ute Avenue in the City of Aspen be approved with the following conditions: 1. Prior to the issuance of any building permits the applicant shall: a. verify with the Housing Office that the net livable area of the accessory dwelling unit is a minimum of three hundred -forty (340) square feet; b. verify with the Housing Office that the unit will be built with a kitchen having a minimum of a two -burner stove with oven, standard sink, and a 6 -cubic foot refrigerator plus freezer; c. upon approval of the deed restriction by the Housing Office, the applicant shall record the deed restriction with the Pitkin County Clerk and Recorder's Office and provide proof of recordation to the Community Development Department. The deed restriction shall state that the accessory dwelling unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and if rented, the unit shall be rented for periods of six (6) months or longer; d. clearly identify the accessory dwelling unit on building permit plans as a separate studio unit having a private, exterior entrance and being in compliance with U.B.C. Chapter 35 sound attenuation requirements; e. provide a drainage plan to confirm that the historic surface run -off shall be maintained on -site; f. submit a landscape plan, preserving the existing willow if possible, to the Park's Department for review; g. apply for a tree removal permit two (2) weeks prior to the issuance of a building permit if the existing willow (8" diameter multi - stemmed), spruce (8 -1/2" diameter), and/or two (2) aspen trees (8" diameter) are removed. The required mitigation for the removal of any of these trees shall be as per Section 15.04.450 of the municipal code. 2. Prior to the issuance of a certificate of occupancy, the Community Development Department shall inspect the accessory dwelling unit to determine compliance with the conditions of approval. 3. The applicant shall consult with various City departments in regards to the following: a. City engineering for design considerations and any development within public rights -of -way; b. Parks department for tree removal, landscaping, and vegetative species; C. City streets department for any work or development, including landscaping, within public rights -of -way. 4. Any new surface utility needs including pedestals must be installed on -site. 5. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right -of -way. 6. All material representations made by the applicant in this 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 the accessory dwelling unit at 971 Ute Avenue with the conditions as outlined in the Community Development Department memo dated April 16, 1996." ATTACHMENTS: Exhibit A) Application Exhibit B) Referral comments APR 09 '96 02 :16PM SANTA ROSA HOLDINGS 415 3B9 4964 Responses to Attachment 5 of review standards for development of conditional use. A.) Zone is appropriate for ADU conditional use approval. The proposal is consistent with the goals of the Aspen area comprehensive plan, B.) The proposed ADU should blend - in with the character of the single - family/high density condominium neighborhood, thus enhancing the m ixture of uses in the immediate vicinity. C.) The ADU conditional use, if approved, should pose no adverse effects on sunro.mding properties, such as the following factors: 1. Visual impact - (entrance located on side yard) 2. Pedestrian - ( no obstruction to pedestrian traffic; finished ADU is excellent location for pedestrian tenant. I Vehicular circulation - (no adverse impacts on vehicular traffic) 4_ Parking - (on -site space provided) 5. Trash - (service provided) 6. Service/Delivery - (t im around & walkway provided) 7. Noise - (Lower level & sidelocation of ADU should minimize moise impact; adjacent neighbor to west has garage as noise buffer between main house and ADU) S. No vibration or odor impacts. D The location on 971 UTE Ave shall provide an excellent location for access of public facilities and services. Such as: Roads Water Sewer Trash Parks Police Fire Department Emergency Hospital & Medical Drainage Schools E.) Approval of ADU shall assist in supplying affordable housing. F_) Said ADU proposal is consistent and compatible with all other Applicable requirement of Aspen Area Comprehensive Plan. P.2 /2 * k MEMORANDUM To: Bob Nevins, Planner Thru: Nick Adeh, City Enginee� From: Chuck Roth, Project Engineer Date: April 17, 1996 Re: Bass /Cahn Conditional Use Review for an Accessory Dwelling Unit (971 Ute Avenue; West 13 feet of Lot 1 and all Lot 2, Ute Addition; Parcel ID No. 2737- 182 -95- 029) Having reviewed the above referenced application, and having made a site visit, the Engineering Department has the following comments: 1. Parkins - The Engineering Department recommends that parking spaces be required for the ADU because on- street parking in the Ute Avenue area continues to be a problem both for restricted travel path and for snow removal. It is preferable to have an unused parking space on site. 2. Site Drainage - It must be a condition of approval that the final development plans provide for storm runoff to be maintained on site and not discharged to Ute Avenue as well as providing erosion and sediment control both during and after construction. 3. Utilities - Any new surface utility needs for pedestals or other equipment must be installed on an easement provided by the applicant and not in the public right -of -way. There were no comments from the Water Department. The existing street lights meet City Electric Department standards. 4. Driveway - The new driveway design must meet City Code, Section 21.16.060 with a maximum width of 18 feet and located no closer than 25 feet to the next driveway, except for common driveways on adjoining properties. The maximum permitted slope is 12 %. The applicant must refer to City Code for other driveway design details. 5. Landscaping in the Public Right- of-wU - The final development plan must indicate proposed landscaping in the public right -of -way which must conform with City Code as discussed below and without encumbrances such as boulders and fences. Tree canopies extending into the right -of -way must be pruned up for the 9' minimum vertical clearance. 1 r 6. Sidewalk. Curb and Gutter - There is no sidewalk, curb and gutter on the south side of Ute Avenue. The applicant must construct these improvements or provide a signed sidewalk, curb and gutter agreement, together with recording fees, as provided for in Section 21.16.030 et seq. The final development plans must indicate a clear five foot wide pedestrian usable space in the public right -of -way adjacent to the property with full compliance of ADA requirements. 7. Easements - The improvement survey that is submitted with the building permit application must include a statement that all easements of record as indicated on Title Policy No. dated have been shown. 8. Streets - The applicant must be aware of their site and the City's snow removal needs. The street snow is plowed to their side of the street. Snow from private property and parking areas and driveways may not be plowed into the street right -of -way. 9. Parks - There is an existing willow tree to be maintained as is. There are some spruce and aspen trees which may be relocated or removed, but a permit must be obtained from the Parks Department. 10. Work in the Public Right -of -way - Given the continuous problems of unapproved work and development in public rights -of -way adjacent to private property, we advise the applicant as follows: The applicant must receive approval from city engineering (920 -5080) for design of improvements, including landscaping, within public rights -of -way, parks department (920 -5120) for vegetation species, and streets department (920 -5130) for street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from the city community development department. M96.I32 2 G: s- s• h MEMORANDUM TO: Bob Nevins, Community Development Dept. FROM: Cindy Christensen, Housing Office DATE: April 5, 1998 RE: Bees/Cahn Conditional use Review for an ADU p arce l iD No. 2737- I P.1 ISSUE The applicant is requesting to build a studio ADU to be located in the lower level of a single - family residence located at 971 Ute Avenue. BACKORgjjN D : The size of the accessary as it is 343.2 net liveable square feet: unit falls within the guide Ines of the Code, A=smory d"ling units shall aarnain not an th three hundred (300) square feet of albweble Boor area and not more than seven nunrh�ed ( 700) square test of allowom floor am. T he and Shat be d ead reWeted, meeting the housing authoritys guidelines for resident ocalpied uT be noised to rental Pedads or not less Man six (g) months in duation. ownm of the principal residence shag have the right to PIWO a qualified employee or employ of his or her choosing in the S= wry dwelling unit. The applicant states that the unit wig have a private entrance which is to be a sidewalk along the west side of the proposed single - family residence, with steps going down to the unit. The kitchen must also be bulk to the following specifications: - For ACwsaay owdng Units and CareWer owpailing Units, a minimum of a two -burner store with oven, standard sink and a 0 -cubic foot rahigerata plum treezer. R ON: Staff recommends approval as long as the following conditions are met: the kitchen meets the definition as stated above; and 2. an accessory dwelling unit deed restriction needs to be recorded before building permit approval: this form is provided by the Housing Office. Y.rmmWIur.aou PSwHPWr rig Memorandum APR 5 TO: Bob Nevins, Community Development �'r �nnErdr FROM: Rebecca Baker, Parks Department y � DATE: April 4, 1996 RE: Bass/Cahn Conditional Use for an ADU CC: Ross Soderstrom, Engineering Department We have reviewed the application submitted by Bass /Cahn Properties and have a few concerns regarding trees on the property. It is not clear whether the existing trees are remaining or will be removed by development. There is a multi - stemmed willow approximately 8" in diameter per stem, an approximate 8 irz" Spruce tree, and two 8" Aspens that may be impacted by the house. If these trees are proposed for removal they must be mitigated per the Aspen Municipal code and a tree permit must be applied for two weeks prior to issuance of a building permit. We would recommend preserving the willow which is rather unique for this area. Trees proposed to remain must be protected during construction, including placing snow fencing or other protective barriers around the drip line of the tree, no excavating within the dripline of the tree or placement of fill around the base of the tree. There is some reference to a sidewalk on the West elevation drawing but does not show up on the other site plan drawing. We would like to see a landscape plan for the property. A final comment on this application is that the application was fairly incomplete and did not review any of the land use issues. =VAWArr— i 3 1 PUBLIC NOTICE RE: BASS /CAHN CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 16, 1996 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena, Aspen to consider an application submitted by Bass/Cahn Properties, Aspen, CO, requesting approval of a Conditional Use Review for an approximately 410 square foot Accessory Dwelling Unit attached to the proposed single family residence. The property is located at 971 Ute Avenue and is described as all of Lot 2 and the west 13 feet of Lot 1, Ute addition to the City and Townsite of Aspen. For further information, contact Bob Nevins at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920- 5102. s/Sara Garton, Chair Planning and Zoning Commission i r fiob MEMORANDUM TO: Planning Staff John Ely, County Attorney Susan Murphy, County Administration John Worcester, City Attorney Kathryn Koch, City Clerk FROM: Rhonda Hams, Community Development Department RE: Work Schedule -Memos Due Week of April 1, 1996 APRIL 16 - COUNTY PLANNING & ZONING Flying Dog PUD (RM) (cont. from 1/16) Huffman Lot Split Conceptual Submission, GMQS Exemption & 1041 HR (LC) Cote Ridgeline Review, Vested Rights Extension & CDU (ES) Elliot/Artel 1041 HR & General Submission (ES) (cont. from 2/6) Wildlife Code Amendment (fences) (FK) *Elliot/Artel Site Visit APRIL 16 - BOCC WORK SESSION USFS Buttermilk Summer Use (CH) APRIL 16 - BOCC SPECIAL MEETING Aspen Village Subdivision Major Plat Amendment, Rezoning, GMQS Exemption, CDU, EDU, 2nd Reading (FK) APRIL 16 - ASPEN PLANNING & ZONING Waterplace Conceptual PUD (DM) 971 Ute Avenue CUP (BN) Smuggler Affordable Housing PUD/Rezoning (SW) APRIL 17 - BOCC SPECIAL MEETING * *Special meeting is intended to ease the workload of 4/10 agenda (unknown items at this time). BOCC RESOLUTIONS /ORDINANCES OUTSTANDING: Moore PUD /Subdivision Ord - 2/28/95 (TM) Thompson/Willison (TM) Hardy - 12/6/95 (ES) Kwiecienski - 1/24/96 (FK) Tagert Lakes - 3/13/96 (ES) Holy Cross - 3/13/96 (ES) Hidden Meadows - 3/27/96 (FK MEMORANDUM To: Right -of -way Design Review Committee (ROW DRC) - Jack Reid, Phil Overeynder, George Robinson, Dave Michaelson, Bill Earley, Ross Soderstrom, Suzanne Wolff, Bob Nevins From: Chuck Roth C-r, Date: April 1, 1996 Re: DRC Agenda for April 4 We will be meeting this Thursday at 11:00 Am in the Sister Cities meeting room. 1. Water Place Housing - We will discuss this item first since David Hauter will be attending for the discussion. 2. Bass /Cahn Conditional Use for an ADU - The site is located at 971 Ute Avenue. If any of you has any concerns for work at that address, please bring them to the meeting. 3. Smuggler Affordable Housing PUD/Rezoning - Most of you have received the complete packet for this application. So I will not duplicate that information. The site is on the northwest side of the location where South Avenue bends into Spruce Street. cc: Nick Adeh M96.126 I ASPEN/PITKIN COMMUNrff DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920 -5090 FAX (970) 920 -5439 MEMORANDUM TO: City Engineer Housing Director Parks FROM: Bob Nevins, Planner RE: Bass/Cahn Conditional Use for ADU Parcel ID No. 2737 - 182 -95 -029 DATE: March 24, 1996 Attached for your review and comments is an application submitted by Bass /Cahn Properties. Please return your comments to me no later than April 5, 1996. Thank you. ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920 -5090 FAX# (970) 920 -5439 March 24, 1996 Re: Bass/Cahn Conditional Use for ADU Case A22 -96 Dear Stuart, 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, April 16, 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, Bob Nevins, at 920 -5102. Sincerely, 4�- Rhonda Hams Administrative Assistant apz.ph APR 09 '96 02 :16PM SANTA ROSA HOLDINGS 415 999 4 %4 Fax Transmission Lusk Design & Construction P.Q. Bak 2004 Aspen, CO. USA 111612 970 - 920 - 1321 TO: Mr. Nevins FAX; 970 920 5439 FROM: Stuart Lusk See attached. ' j� ©& r ^1 DATE. 419!96 PAGES: P. 1/2 SU9JECT:Attachment 5 Review Stds. 971 Ute Ave LM ti wt, G � Ai c7vZ4 - J3 7,1 t h ou Lb Ya J t+A-j :— hr-5 Q utS a a s, A+4 D 1 '1 1 r,#�L- +,(o g he'r APR 09 1 96 02.16PN SANTA ROSA HOLDINGS 415 389 4964 P.2i2 Responses to Attachment 5 of review standards for development of conditional use. A.) Zone is appropriate for ADU conditional use approval. The proposal is consistent with the goals of the Aspen area carnpreheosive plan, B.) The proposed ADU should blend- in with the character of the single - family/high density condominium neighborhood, thus enhancing the mixture of uses in the immediate vicinity. C.) The ADU conditional use, if approved, should pose no adverse effects on surrounding properties, such as the following factors , . Visual impact - (entrance located on side yard) 2. Pedestrian - ( no obstruction to pedestrian traffic; finished ADU is excellent location for pedestrian tenant.} I Vehicular circulation - (no adverse impacts on vehicular traffic) 4. parking - (on -site space provided) 5. Trash - (service provided) 6. Service/Delivery - (turn around & walkway provided) 7. Noise - (Lower level & sidelocation of ADU should minimize noise impact; adjacent neighbor to west has garage as noise buffer between main house and ADU) S. No vibration or odor impacts. D.) The location on 971 UTE Ave shall provide an excellent location for access of public facilities and services. Such as: Roads Water Sewer Trash Parks Police Fire Department Emergency Hospital & Medical Drainage Schools E.) Approval of ADU shall assist in supplying affordable housing. P -) Said ADU proposal is consistent and compatible with all other Applicable requirement of Aspen Area Comprehensive Plan- r i INDEX 971 UTE AVE PG 1 LAND USE APPLICATION FORM PG 2 COMMITMENT FOR TITLE INS. (OWNERSHIP) PG 9 REPRESENTATIVE AUTHORIZATION FORMS PG 11 AGREEMENT FOR PAYMENT PG 13 CONDITIONAL USE DESCRIPTION OF ADU PG 14 AREA MAP LOCATING PROPERTY PG 15 EXISTING SURVEY (ALPINE 95 - 65) PG 16 PROPOSED SITE PLAN (ADU ACCESS) PG 17 PROPOSED ADU FLOOR PLAN 1/4" = 1' PG 18 LOWER LEVEL FLOOR PLAN (REDUCED) PG 19 ENTRY LEVEL FLOOR PLAN (REDUCED) PG 20 UPPER LEVEL FLOOR PLAN (REDUCED) PG 21 NORTH ELEVATION (STREET FACADE) PG 22 WEST ELEVATION (ADU ENTRY) ATI�CHMFNP ed ', n gc 7 ✓ C . LAND USE APPISC =-CN F01;M - TI 1) Projec ' Name 931 G FE- A t 2) Project Location 1 1 I r Lj Til rT V C . n-00in (ir i arr stroet mares *� , lot & block m=ber, legal d * ption where S �s� aoorcori.. ;:e) - — -- 7 3) Present Zoning �� _ (�j .. )) Lot Size 5) Applicant's Name, Address & Phone i L31Cw� cft l P ©, 6mic So7 6E N r SlbfZ �ZO a o�_ 6) Representative's Name, Address & Phone ; �iTU/tCL -T LI F C _ I „AIL N mac, i_.- 7. o �.no A,peKI Bl bi 7) Type of Application (please check all that apply): Pr6u Corn itiorlal Use C%O " 1 SPA Corral Him - or_c Dev. Scecial Review 8040 online _ S`- _am margin Final SPA Final Historic DO Minor Historic Dr- -.F-Historic Demolition _ Historic Designation al,S Allctneat acs Fmm^t-i cn Final am Mountain Vierw Plane _ Subdivision C.."R:. i n i t,m i na tion _ Text lap Amendme Lot Spat/rot Line Pdjustaprit 8) De✓.—iatien of Mds Uses (rnmb= and tyre of Bads i q st^ac`..=es; arprrri ate sq. ft. ; r n�- of bedh -ooms; any Pr°- 'riass aporcvals 4tdrrt to the me V) - 9) Description of Devalccmecct APPLication �14( i L -Y Z>✓S i D LL w iTH kT - A &�) N (LoJr -�.l lo) Pave you attached the folly -irg' ✓ R to Attac:L.Y: 2, Mi nir= S't mi cc ion CC�i —Its ✓ Res-_Orsa to Atac:`me 3, SoeciFic SubmI Contents to A=ac 4, R- -vie.: S `areards for Yot= Application Pig I tNC' epc j " 6TM*h ,T�P-Q �r Commitment for Title Insurance Nations Title Insurance Company Nations Title Insurance Company Issued by Nations Title Insurance Company, a Kansas corporation, herein called the company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. IN WITNESS WHEREOF, Nations Title Insurance Company has caused this Commitment to be signed as of the effective date of Commitment shown in Schedule A, the Commitment to become valid when countersigned by an authorized signatory. M By: L,0'&14 PPPresident Attest: �,y �2 Secretary 1 550 ALTA Commitment Form NM V2 NTI COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: 11/01/95 at 08:30 A.M. Case No. PCT10228C4 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Amount$ 625,000.00 Premium$ 1,462.00 Proposed Insured: Rate:STANDARD BASS CAHN PROPERTIES, A COLORADO GENERAL PARTNERSHIP (b) ALTA Loan Policy -Form 1992 Amount$ 316,000.00 Premium$ 70.00 Proposed Insured: Rate:COMPANION ALPINE BANK, ASPEN Tax Certificate $20.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: LINDA D. EDWARDS 4. The land referred to in this Commitment is situated in the County of PITKIN, State of COLORADO and is described as follows: ALL OF LOT 2 AND THE WEST 13 FEET OF LOT 1, UTE ADDITION TO THE CITY AND TOWNSITE OF ASPEN. Countersigned at: PITKIN COUNTY TITLE, INC. Schedule A -PG.1 601 E. HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 970 - 925 -1766 Provisions and Schedules 970 - 925 -6527 FAX A and 3 are attached. NTf SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: 1. Deed from : LINDA D. EDWARDS To : BASS CAHN PROPERTIES, A COLORADO GENERAL PARTNERSHIP 2. Deed of Trust from : BASS CAHN PROPERTIES, A COLORADO GENERAL PARTNERSHIP to the Public Trustee of the County of Pitkin for the use of : THE LENDER TO BE INSURED HEREUNDER to secure : $316,000.00 3. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. 4. Certificate of nonforeign status executed by the transferor(s) . (This instrument is not required to be recorded) 5. Completion of Form DR 1079 regarding the witholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) 6. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) PG- i NTI SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, enchroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded August 26, 1949 in Book 175 at Page 299. This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Schedule 3-Section 2 Commitment No. PCT10228C4 PG- 5 NTI The Owner's Policy to be items in addition to the (1) The Deed of Trust, (2) Water rights, clai WILL APPEAR ON THE HEREUNDER) ADDITIONAL INFORMATION AND DISCLOSURES issued, if any shall contain the following ones set forth above: if any, required under Schedule B- Section 1. ns or title to water. (NOTE: THIS EXCEPTION OWNER'S AND MORTGAGE POLICY TO BE ISSUED Pursuant to Insurance Regulation 89 -2; NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominim or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and /or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre - printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners' closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage ". Pursuant to Senate Bill 91 -14 (CRS 10 -11 -122); (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. This commitment is invalid unless Schedule B- Section 2 the Insuring Provisions and Schedules Commitment No. PCT10228C4 A and B are attached. PL ( CONDITIONS AND STIPULATIONS 1550 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to Paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire orcreate the estate orinterest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. P& 7 NM 6 V2 Commitment for Title Insurance Issued By Nations Title Insurance Company 6800 College Blvd. / Suite 700 / Overland Park, Kansas 66211 913 - 491 -5585 • NM6 1550 V2 MAR 14 1 98 01iWPM ... ................................... I...... . PH:ME PD. : 462 BASS CAW PROPBIi'TM • m sox sm AS EK = 91612 '1'm.: to mo= PAZSaass"m March 14,1496 City of Aapm Plerming do Zoning} Commission 130 5.Oalma $treat Aapetl, Colorado 31611 PA Rx Auftdz&Om to mW _I 1 Dear SirNadam: By the caatiaterslPaUn hereunder, Lhula &iwardk (also known a9 Linda Johtmc owner cf Lot 2 and the West 13 feat of Lot 1, t7te Addition to the Clty and •Toweeift of Aspen, Pitldu County, Colorado (the "Properw'I does hereby authorize Baae Calm PrMcrt* Contract purchaser of the Property, to make appiloWan befbre tba Aapm Planning dt Zonioe Cammiaaion ................................ ............................... FROM 'A��RULID, WL I hereby oonaeet to the fbregoing authorizaton Linda Edwarda, also known as V Linda iobnwn. ........................ ............................... Mar. 15 1996 P. L'34AM F01 yCT 9 _e� .1 /�L =GAL 4� t<J rkeitic c (yN�i� r ��1 i �ez- C� ✓6 14 — -- - - - - -- — PG to -- ASPENTITKIN CONIlVILTNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and 7 f -Ajit (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for S ? W c�r 13 t=e &x of 1.01 1.11 E (i (hereinafter, THE PROJECT). CC, t rY o Its ?a 2. APPLICANT understands and agrees that City of Aspen Ordinance No. >> (Series of 1991 establishes a fee structure for Planning applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size. nature or scope of the proposed project. it is not possible at this time to ascertain the full extent of the costs involver; in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional :osts to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the = reater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or Citv Council to enahle the Planning Commission and/or City Council to make legally required tindin_s for project approval, unless current billings are paid in full prior to decision. Pcr I 1 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of S- which is for _ hours of Planning staff time, and if actual recorded costs exceed the initial deposit, APPLICANNT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. 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