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HomeMy WebLinkAboutLand Use Case.CU.412 N Mill St.39-83CASELOAD SUMMARY SHEET City of Aspen PROJECT NAME: No. � J 3/ — / 0 3 Staff: eolt - &;Me APPLICANT: 4r4(P_ )),� Phone: REPRESENTATIVE: �pbo� E �nd�7 5 Phone: TYPE OF APPLICATION: I. GMP /SUBDIVISION /PUD (4 step) 1. Conceptual Submission 2. Preliminary Plat 3. Final Plat II. SUBDIVISION /PUD (4 step) 1. Conceptual Submission 2. Preliminary Plat 3. Final Plat III.EXCEPTION /EXEMPTION /REZONING (2 step) IV. SPECIAL REVIEW (1 step) 1. Special Review 2. Use Determination X 3. Conditional Use REFERRALS: __�< _ Attorney _ Engineering Dept. Housing Water City Electric (Fee) ($1,840) ($1,120) ($ 560) ($1,290) ($ 830) ($ 560) ($1,010) ($ 465) Date Referred: 0 -- 9 Sanitation District Mountain Bell Parks Holy Cross Electric Fire Marshall /Building Dept School District Rocky Mtn. Nat.Gas State Hgwy. Dept. Fire Chief ther FINAL ROUTING: Date Routed: ineering ✓ Building Other DISPOSITION: CITY P &Z REVIEW: %` t�: V D r r /` i _ r Z �. . . u CITY COUNCIL REVIEW. ; e. , I r ." �,: 1• dk, (t- Ordinance No. CITY P &Z REVIEW: CITY COUNCIL REVIEW: Ordinance No. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Colette Penne, Planning Office RE: Andrews - Conditional Use DATE: October 4, 1983 At your meeting of September 20, 1983, you indicated that if this proposal included visual upgrading of the property, the conversion of a unit to the residential use would be acceptable. The original memo of the Planning Office on this conditional use is still our recommendation. We have not seen the renovation plans, but they will be presented at the meeting for your evaluation. The City Attorney's Office is adding a performance condition to the Conditional Use Permit for the exterior upgrading to be part of the approval. A i I � r � U Memorandum To: Aspen Planning & Zoning Commission From: Robert W. and Jane G. Andrews Re: Andrews Conditional Use Date: September 20, 1983 Location: 412 N. Mill Street Condominium Units B -8 and B -10 Zoning: S /C /I Applicant's Request: Conditional Use approval and conditional use permit for a dwelling unit (accessory to a permitted use) in the SCI zone. 1) The Planning Office stated "we must be concerned with any proposal which will affect the ability of legitimate service - commercial and industrial uses to occupy that space. We believe that the introduction of residential uses in the few existing S /C /I buildings will impact the upfront costs for other permitted uses to locate there. As the Building Department's comments indicate, the fire separation requirements are considerably increased when a residential use is introduced. The only existing areas zoned S /C /I are the Andrews- McFarlin buildings, the area to the north of the Pitkin County Courthouse, the Post Office parcel, and in the Trueman project. Essentially, the remaining potential buildout is limited to the Andrews- McFarlin parcel and the area behind the Courthouse, with each area able to increase by approximately 25,000 sq. ft. This much additional buildout would require substantial redevelop- ment and we are aware of no plans for this magnitude of increase by any S /C /I property owners. If this application was part of a proposal for redevelopment and expansion (upgrading) of the property, it might be less impactive on the zone, certainly in terms of the reduction of available space. The Building Department comments point out compatibility problems with surrounding land uses." We realized the value of Building B's location, and that we could build more service /commercial space behind the building under the code. We also were aware of how much that would cost so condominiumized the building. Our plan was and still is to sell some of the spaces so we can recover enough capital to make it feasible to build more space. Along with the buildout, we plan to face Building B to match the Trueman property across the street. In order to do all this, we need to build up a viable business. Units B -8 and B -10 were vacant for one year even while we advertised in the Aspen Times classified section every week. We are asking for a conditional use permitting us to live there so we can move from a negative to a positive cash flow. Our negative cash flow is the result of our honoring the S /C /I zoning which has kept our rents considerably lower than Building A and the S /C /I zoned buildings across the street. These buildings are renting space to retail businesses and office use in violation of the zoning codes. We are not applying for a zoning change, but merely for a permitted use under the code. We will not take away S /C /I space as we will live in our business space. 2) We need a dwelling unit adjacent to our rental business in order to be competitive with Clark's Market which is open from 8:00 am to 10:00 pm. Clark's rents carpet cleaning equipment which we plan to be our mainstay while we build up our business. 3) Parking is not a problem for Building B now that Clyde McFarlin no longer has an auto repair shop there. Only one tenant, Creative Printers, has deliveries parking at the building and we have customer parking in front of the building. These spaces are never all filled. Each tenant has one parking space behind the building and we will only take one space. We will also only have one bedroom. Clyde has his own parking for Building A. 4) The Planning Department states, "The 'neighborhood' is not parti- cularly suited to residential occupancy." There are housing units above Clark's Market and above the Sanitation Building so we do not feel our dwelling unit would be unsuitable. 5) The restrictions drafted by Gary Esary define our conditional use so that no precedent is being set. Our intention is merely to live there long enough to get our business established, sell some condominiumized spaces, upgrade Building B and build more S /C /I space on our property. 6) Units B -8 and B -10 have complied with the 3 -hour fire wall protection. Ever since we purchased the Andrew /McFarlin buildings in 1976, we have cooperated with the city government. The city's wishes regarding our two buildings have changed from time to time, in- cluding the attempted purchase of the land, tearing down the buildings, trading equivalent land and buildings and various other ideas which never materialized. We then decided to split our partnership with Clyde McFarlin and condominiumize so we could sell spaces and improve our property. We earnestly request your approval of a conditional dwelling unit under the S /C /I zoning code. Sincerely, Bob and Jane Andrews 5. I51215( 1 ISIN TO: Aspen Planning and Zoning Commission FROM: Colette Penne, Planning Office RE: Andrews - Conditional Use DATE: September 20, 1983 4 f The Planning Office has reviewed the draft of a conditional use permit for an accessory dwelling unit in the SCI zone for Robert W. and Jane Andrews. Nothing in the draft alters our concern expressed in the original memo from your September 6, 1983 meeting and we continue to recommend denial of the accessory dwelling unit. ASPEN *PITKIN`AEGIONAL BUILDII - - DEPARTMENT M E M O R A N D U M TO: Colette Penne, Planning Office FROM: Jim Wilson, Chief Building Official DATE: August 24, 1983 RE: Andrews Conditional Use As per my memo of April 14th (attached), Building "B" of the Andrews McFarlin Condominiums has been approved by this department. The dwelling unit now being requested for units B -10 and B -12 will not affect the overall fire life safety of the building, if the current tenants remain; nor will there be any code problems for future use of adjacent space by tenants of a "nonhazardous" nature. "Hazardous" occupancies as defined by Building Code are those industrial uses similar to auto repair garages, woodworking establishments, dry cleaning plants, and certain warehouses. Building Code does not prohibit a mixture of residential and hazardous occupancies in the same building with required fire separation (walls and /or ceilings) provided. The required fire separation between residential and hazardous occupancies is "3 -hour rated" construction, requiring multitudinous quantities of block or concrete and steel. I would like you and the P &Z Board to consider the excessive expense that would be imposed on a future tenant required to provide such substantial construction. The S /C /I zone was created to accomodate uses of a "hazardous" nature. Allowing a residential use in this building will financially restrict future "hazardous" uses effectively diminishingan already confined zone. offices: mail address: 110 East Hallam Street 506 East Main Street Aspen, Colorado 81611 303/925 -5973 Aspen, Colorado 81611 MEMORANDUM TO: Colette Penne, Planning Office FROM: Jay Hammond, City EngineeringA DATE: August 19, 1983 RE: Andrews Conditional Use - Special Review ------------------------------------------- - - - - -- Having reviewed the above application, and made a site inspection, the Engineering Department offers the following comments: 1. We would anticipate no significant engineering impacts by inclusion of the residential use in this location. 2. Revision of the condominium plat should not be necessary if the apartment comprises all of units B4 and B6. JH /co CERTIFICATE OF MAILING I hereby certify that on 19 �a true and correct copy of the Notice of Public Hearing regarding &tua aaa ax - was deposited into the United States mails, postage prepaid, and addressed to the following: 211/�rIQ Martha Eichelberger 1 1 1 PUBLIC NOTICE RE: Andrews Conditional Use , I-e NOTICE IS HEREBY GIVEN that a public hearing will be held before the Aspen Planning and Zoning Commission on Tuesday, September 6, 1983 at a meeting to begin at 5:00 p.m. in the City Council Chambers of City Hall, 130 S. Galena Street, Aspen to consider conditional use approval for an accessory dwelling unit to a permitted use in the SCI zone. For further information, contact the Planning Office, 130 S. Galena Street, 925 -2020, ext. 223. s /Perry Harvey, Chairman Aspen Planning and Zoning Commission Published in the Aspen Times on August 11, 1983. City of Aspen account. - b�5- -,-- U6 vo 43 43o P'\ MEMORANDUM TO: City Attorney City Engineer Building Department PLANNER: Colette Penne RE: Andrews Conditional Use - Special Review DATE: August 2, 1983 Attached is a letter of application requesting a dwelling unit accessory to a permitted use, and repair at the Andrews McFarlin Condominium Units B -4 and B -6, located at 412 N. Mill Street. Please review the application and return your comments to the Planning Office by August 22 so that we may prepare for its presentation at the P &Z. Thank you. MEMORANDUM TO: V City Attorney City Engineer Building Department 2 PLANNER: Colette Penne RE: Andrews Conditional Use - Special Review DATE: August 2, 1983 Attached is a letter of app cation requesting Cdwelling unit a ccessory to a__D0xjU.,ttrd use and repair at the An rd eVm McFarlin Condominium Units B- and B -6, located at 412 N. Mill Street. Please review the al Planning Office by 2 presentation at the Thank you. lication and return your comments to the gust 22 so that we may prepare for its P &Z. �µl, Sf sp"I "sly t'S�- K a VA(— f`Ct vY•C .�- 4o 01�r ,+k2 J S : 1 P+t Z w �r,yhL Ql.uk 6 ct IS "74 do r-4c rtc �su,�xd yJS mss a w �c 0 -.T- ogcId+..4-tz.� 6n� t eA � ( . �p� _ !�C 26 0.'i^{ b ✓S iCCS " '(t f ! r .4 :S /� cevrLC, — c - ( Z�6 d - ° A 4Y, ekrM,1 y ! v � 1� i7l-�k J S ✓b�cF rtv. I �o 1t- y . w i it �(C2 �, ( rub[ ��Scr`� 1 a r^� S J/✓S , e? Z S �It¢ Sc Yw,c_ ct S X .^ a c ©�S4mY July 20, 1983 City Planning Dept. 130 S. Galena St. Aspen, CO 81611 Dear Sir: Per Sec. 24 -3.3 of the Aspen Municipal Code regarding grant of conditional use in terms of the suitability: 1. The use complies with all requirements imposed by the zoning code. 2. The proposed use is compatible with surrouding land uses and uses in the area. 3. There will be no structure enlargement or expansion in ground area. 4. There will be no unusal traffic hazards, noise, dust, fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal problems attached to the proposed use. 5. Equipment rental because of the flexibility of use and return hours requires living adjacent to the business. Sincerely, W /? W. ndrews July 20, 1983 City Planning Dept. 130 S. Galena St. Aspen, CO 81611 Dear Sir: Per Sec. 24 -3.3 of the Aspen Municipal Code regarding grant of conditional use in terms of the suitability: 1. The use complies with all requirements imposed by the zoning code. 2. The proposed use is compatible with surrouding land uses and uses in the area. 3. There will be no structure enlargement or expansion in ground area. 4. There will be no unusal traffic hazards, noise, dust, fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal problems attached to the proposed use. 5. Equipment rental because of the flexibility of use and return hours requires living adjacent to the business. Sincerely, 0 ' � W. ndrews July 15, 1983 City Planning Dept. 130 S. Galena St. Aspen, Colorado 81611 Be: Application for SCI Conditional use of a dwelling unit accessory to SCI permitted use of equipment - rental, storage, and repair at Andrews McFarlin Condominium Units B -6 and B -4, 412 N. Mill Street We are applying under Section 24 -3. 2 Permitted and Conditional Uses of the AspenMunici pal Code for: a dwelling unit accessory to a permitted use, specifically Properties West, a property maintenance company specializing in carpet and upholstery cleaning rental equipment and materials related thereto. Sincerely, J ane G. Andrews � Robert W. Andrews ASPEN *PITKInC4EGIONAL BUILDOG DEPARTMENT RE: Andrews McFarlin Condominiumization Building "B" of the Andrews McFarlin Condominium map has been inspected by this department as per the requirements of Section 20 -22(e) of the Aspen Municipal Code. It meets the minimum Fire, Health and Safety requirements for condominiumization, It has been agreed that prior to the sale of any unit in Building "A ", a similar Fire, Health and Safety must be per- formed on Building "A ". offices: mail address: 110 East Hallam Street 506 East Main Street Aspen, Colorado 81611 303/925 -5973 Aspen, Colorado 81611 ��1sI83 CONDITIONAL USE PERMIT FOR UNITS B -8 AND B -10 BUILDING B, ANDREWS /MCFARLIN CONDOMINIUM, AS DESCRIBED IN THE CONDOMINIUM MAP THEREOF RECORDED IN PLAT BOOK 14 AT PAGES 82 -83 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR ANDREWS /MCFARLIN CONDOMINIUM RECORDED IN BOOK 443 AT PAGE 517, ALL OF THE RECORDS OF PITKIN COUNTY, COLORADO The Aspen Planning and Zoning Commission, pursuant to Section 24 -3.3 of the Aspen Municipal Code and after consideration at duly- noticed public hearings held at its meetings on September 6 and 20, 1983, does grant to Robert W. and Jane Andrews, as husband and wife, a conditional use permit to occupy Units B -8 and B -10 of the Andrews /MCFarlin Condominium (as described above) as an acces- sory dwelling unit according to the following conditions: 1. The permitted use shall be a bona fide for - profit equip- ment rental, storage and repair business with customary and regu- lar business hours, such business to be operated soley by Robert W. and Jane Andrews and their employees. 2. The accessory dwelling unit shall be occupied only by Robert W. and Jane Andrews and their guests. This conditional use permit shall expressly not be assignable or transferrable and shall be personal to Robert W. and Jane Andrews. 3. The permitted use and accessory dwelling unit shall be in one unified space (being the whole of Units B -8 and B -10) and shall not be separated by a lockable door. 4. Prior to occupancy of the accessory dwelling unit, Units B -8 and B -10 will be separated from the remainder of Building B by a three -hour fire separation wall (according to the Uniform Build- ing Code) to ensure that the residential occupancy will not put potential additional financial burdens on future neighboring S /C /I tenants. 5. The permitted and conditional uses subject to this per- mit shall not be modified, enlarged or changed in any way without prior approval of the Planning and Zoning Commission pursuant to Section 24- 3.3(c) of the Municipal Code. 6. By signature below, Robert W. and Jane Andrews, as record title owners of Building B of the Andrews /McFarlin Condo- minium, accept the foregoing conditions of this permit and stipu- late that this document may be placed of record in the office of the Clerk and Recorder of Pitkin County, Colorado. THE ASPEN PLANNING AND ZONING COMMISSION By Perry Harvey, Chairman ACCEPTED BY: Robert W. Andrews Jane Andrews Owners of Building B, Andrews /McFarlin Condominiums STATE OF COLORADO ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this day of Andrews. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: by Robert W. and Jane Notary Public Address 2 MEMORANDUM TO: ASPEN PLANNING AND ZONING COMMISSION FROM: Colette Penne, Planning Office RE: Andrews Conditional Use DATE: September 6, 1983 Location: 412 N. Mill Street Condominium Units B -4 and B -6 Zoning: S /C /I Applicant's Request: Conditional Use approval and conditional,use permit for a dwelling unit (accessory to a permitted use) in the SCI zone. The applicant did not request change in use review (pursuant to Ordinance #36), but since it is also a one -step review we will consider it here. Referral Comments: The Engineering Department reviewed the application, made a site inspection and has the following comments: "l. We would anticipate no significant engineering impacts by inclusion of the residential use in this location. 2. Revision of the condominium plat should not be necessary if the apartment comprises all of units B -4 and B -6." The City Attorney made the following comments: "1. Property maintenance is not specifically listed as a permitted use in the zone, although it is "similar" to other permitted uses. The Planning and Zoning Commission will probably elicit facts as to whether "specializing" in equipment rental is sufficient to make the described business a permitted use. 2. There may be a change -in- use /residential GMP impact here. 3. The conditional use permit should list the specific conditions of operation of the equipment rental business (if the permit is granted, of course) and the employee housing accessory dwelling unit probably should be deed - restricted to employees of the bona fide permitted use, pursuant to a written permit, with any change in use subject to further review pursuant to Section 24- 3.3(c). 4. Will cleaning materials create fumes, vapors, etc.? 5. Do these units have designated customer parking ?" I The Building Department has inspected Building B and found it to be in compliance with the minimum fire, health and safety requirements for condo - miniumization. The dwelling unit now being re- quested will not affect the overall fire life safety of the building, if the current tenants remain; nor will there be any code problems for the future use of adjacent space by tenants of a "non- hazardous" nature. "Hazardous occupancies as defined by Building Code are those industrial uses similar to auto repair garages; woodworking establishments, dry cleaning plants, and certain warehouses. Building Code does not prohibit a mixture of residential and hazardous occupancies in the same building and hazardous occupancies in the same building with required fire separation (walls and /or ceilings) provided. The required fire separation between residential and hazardous occupancies is "3 -hour rated" con- struction, requiring multitudinous quantities of block or concrete and steel. I would like you and the Planning and Zoning Commission to consider the excessive expense that would be imposed on a future tenant required to provide such substantial construction. The SCI zone was created to accommodate uses of a hazardous nature. Allowing a residential use in this building will financially restrict future hazardous uses, effectively diminishing an already confined zone." Planning Office Review: The permitted use to which this residence would be accessory will be a new business called Properties West. It will be a property maintenance company specializing in carpet and upholstery cleaning rental equipment, and related materials. As the City Attorney's Office points out, property main- tenance is not listed as a permitted use and "specializing" in equipment rental may not be sufficient to make the business a permitted use. It will be a condition of our review that the operation of the business in this building is limited to equipment rental, storage and repair. The applicant's justification for the dwelling unit need is that "the flexibility of use and return hours requires living adjacent to the business." The Planning Office is not convinced that such an equipment rental business requires an around -the- clock return and rental capability. Since there is limited S /C /I space available in the City of Aspen, we must be concerned with any proposal which will affect the ability of legitimate service - commercial and industrial uses to occupy that space. We believe that the introduction of residential uses in the few existing S /C /I buildings will impact the up- front costs for other permitted uses to locate there. As the Building Department's comments indicate, the fire separation requirements are considerably increased when a residential use is introduced. The only existing areas zoned S /C /I are the Andrews - McFarlin buildings, the area to the north of the Pitkin County Courthouse, the Post Office parcel, and in the Trueman project. Essentially, the remaining potential buildout is limited to the Andrews- McFarlin parcel and the area behind the Courthouse, with each area able to increase by approximately 25,000 sq. ft. This much additional buildout would require substantial redevelopment and we are aware of no plans for this magnitude of increase by any S /C /I property owners. There is additional interest in use of S /C /I space for accessory residential uses. We have had several conversations with other individuals considering the conversion of such space from commercial to residential use. These units can be an inexpensive alternative to conventional res- idential units. We feel this tradeoff is detri- mental to the S /C /I zone. The Change in Use provisions of Ordinance 36 (Series of 1983) allow a GMP exemption when there are negligible growth impacts. Generally, a change from a commercial use to a residential use requires the provision of less services. In this case, the limited amount of S /C /I space available should caution you to seriously consider the advisability of converting any of it to residential purposes. In terms of the Conditional Use criteria of Section 24 -3.3 of the Municipal Code, the use in the S /C /I zone would be operated within an enclosed structure, there will be no noxious implications of a residential use as outlined in Section 24- 3.3(d)(2) and any outdoor storage, equipment or refuse areas would have to be concealed from view of public rights - of -way. In considering the suitability of the conditional use, the commission shall determine: "(b)(1) Whether the proposed use otherwise complies with all requirements imposed by the Zoning Code, (2) Whether the proposed use is consistent with the objectives and purposes of this Zoning Code and the applicable zoning district, and (3) If the proposed use is designed to be compatible with surrounding land uses and uses in the area." Criteria (1) presents no problems, however, (2) and (3) raise some questions. Residences in the S /C /I zone are conditional uses rather than permitted uses, so that close scrutiny is given to a proposal to locate living units in this zone. As discussed earlier, there is very limited avail- ability of space for permitted S /C /I uses. If this application was part of a proposal for redevelop- ment and expansion (upgrading) of the property, it might be less impactive on the zone, certainly in terms of the reduction of available space. The Building Department comments point out compatibility problems with surrounding land uses. The objective of the S /C /I zone is first and foremost to provide space for limited commercial and industrial purposes. In a letter from Robert W. Andrews and Clyde McFarlin dated January 27, 1982 to the City of Aspen, an application was made for condominiumization of this property. The intent of the owners was "to provide an opportunity for service commercial businesses to locate in Aspen on a more permanent basis." The question of available parking raised by the City Attorney presents yet another problem. In the condominiumization file, the applicant indicated available space to park 33 cars. It appears, however, that only 50% or less than this number are currently on -site. This living unit would require the provision of one parking space per bedroom. The City Attorney also suggested, and we feel the point is well taken, that if you were to grant a conditional use permit for this dwelling unit as being accessory to a permitted use, the unit should be deed - restricted to employees of the bona fide permitted use. Any expansion of the dwelling unit would be further subject to "change in use" review as well as Section 24- 3.3(c) for expansion of a conditional use. To summarize these points, we enumerate the following: 1. Future S /C /I tenants will be subject to excessive construction expense in order to locate next to a residential use. 2. The "need" for the dwelling unit to be located adjacent to the business is not demonstrated. 3. There is limited available S /C /I space in the City and limited expansion potential, and converting this space to residential uses will limit the possibilities for S /C /I uses to locate in Aspen. 4. The current parking configuration appears to be constrained and the provision of parking for this use will reduce that available for existing S /C /I uses. 5. The "neighborhood" is not particularly suited to residential occupancy. 6. There is sure to be added pressure for conversion of S /C /I space to residential space and the limited supply does not support such conversion. Planning Office Recommenda- tions: The Planning Office recommends that you deny the conditional use request for an accessory dwelling unit in the Andrews building in the S /C /I zone. We further caution the applicant that the property maintenance business must be limited to equipment rental, storage and repair or it may not be a permitted use. — d — I July 20, 1983 Robert Andrews Y.U. Box 3766 Aspen, Colorado 81612 Re:'.Andrews /McParlin Condominium Dear Mr. Andrews: This is to confirm the substance of our meeting last week on your x_lans to occupy a unit of the referenced condominium. You indicated that your plans were to open a carpet - cleaning equipment rental franchise in the unit and then apply for Dermis- sion to occupy the remainder of the unit as an accessory dwelling. As you know, the SCI zone lists ecuipment rental as .a permitted use and an accessory dwelling unit as a conditional use. My advice to you was that if the carpet - cleaning enuipnent rental franchise was and continues to be a bona fide use of the unit, you could so occupy the unit by right for that use and then apply to the Planning and Zoning Commission for a conditicnal use pera,it for the accessory dwelling. You indicated that you would make such an application. I must caution you again that a conditional use permit for an accessory dwelling unit in the SCI zone is not a foregone conclu- sion. The Planning Office has, as I explained, consistently attenpted to reserve the dwindling SCI zone for pure SCI uses. Uext, you asked for rr;e opinion on the ability of the Building Department to issue an immediate building pornit for the re,aodel of the unit to acco:,:.,odate the permitted "e, pending conditional use review. At that point, I reached Jim c+ilson on a conference call and indicated my opinion that a permit could Le issued i:^:red- iately for a remodel consistent with the permitted use. Hownver, if the immmediate perriit application had facilititz consistent with the conditional use but inconsistent with the permitted use (bed- rooms, full bato and kitchen, etc.), then the por?iiit should either be held until the Y &Z passed on the conditional use application or be split into two ,parts and processed as two consecutive separate building permit applications. � M Letter to Robert Andrews July 20, 1963 Page Two You indicated that you and your contractor would be meeting with Mr. Iiilson to discuss your building permit application in light of this opinion. -Please call me if this letter is not an accurate representation of our iueeting. Very truly yours, Gary S. Leary. Assistant City Attorney GSL /Ijc Enc. cc: Colette Penne Jim Wilson r - i C� (ts CONDITIONAL USE PERMIT FOR UNITS B -8 AND B -10 BUILDING B, ANDREWS /MCFARLIN CONDOMINIUM, AS DESCRIBED IN THE CONDOMINIUM MAP THEREOF RECORDED IN PLAT BOOK 14 AT PAGES 82 -83 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR ANDREWS /MCFARLIN CONDOMINIUM RECORDED IN BOOK 443 AT PAGE 517, ALL OF THE RECORDS OF PITKIN COUNTY, COLORADO The Aspen Planning and Zoning Commission, pursuant to Section 24 -3.3 of the Aspen Municipal Code and after consideration at duly- noticed public hearings held at its meetings on September 6 and 20, 1983, does grant to Robert W. and Jane Andrews, as husband and wife, a conditional use permit to occupy Units B -8 and B -10 of the Andrews /MCFarlin Condominium (as described above) as an acces- sory dwelling unit according to the following conditions: 1. The permitted use shall a bona fide for - profit equip- ment rental, storage and repair business with customary and regu- lar business hours, such business to be operated soley by Robert W. and Jane Andrews and their employees. 2. The accessory dwelling unit shall be occupied only by Robert W. ana Jane Andrews and their guests. This-conditional use permit shall expressly not be assignable or transferrable and shall be personal to Robert W. and Jane Andrews. a 3. The permitted use and accessory dwelling unit shall be in one unified space (being the whole of Units B -8 and B -10) and shall not be separated by a lockable door. 4. Prior to occupancy of the accessory dwelling unit, Units B -8 and B -10 will be separated from the remainder of Building B by a three -hour fire separation wall (according to the Uniform Build- ing Code) to ensure that the residential occupancy will not put potential additional financial burdens on future neighboring S /C /I tenants. 5. The permitted and conditional uses subject to this per- mit shall not be modified, enlarged or changed in any way without prior approval of the Planning and Zoning Commission pursuant to Section 24- 3.3(c) of the Municipal Code. 6. By signature below, Robert W. and Jane Andrews, as record title owners of Building B of the Andrews /McFarlin Condo- minium, accept the foregoing conditions of this permit and stipu- late that this document may be placed of record in the office of the Clerk and Recorder of Pitkin County, Colorado. THE ASPEN PLANNING AND ZONING COMMISSION By Perry Harvey, Chairman ACCEPTED BY: Robert W. Andrews Jane Andrews Owners of Building B, Andrews /McFarlin Condominiums STATE OF COLORADO ss. County of Pitkin ) The foregoing instrument was acknowledged before me this day of , by Robert W: and Jane Andrews. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: a Notary Public Address Fa Sjc UAIF_E TITLE INSURANCE CONIPANYof Dallas Commitment for Title Insurance USLIFE TITLE INSURANCE COMPANY of Dallas. herein called the Company, for 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 amoynt of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such polity or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months otter 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. This Commitment shall not be valid or binding until cogntersioned by an authorized officer or agent. ScheduleA Aspen Title Co. I. Effective date July 19, 1976 at Case No. 76-07 -23 Inquiries directed to 925 -4444 2. Policy or policies to be issued: 8:00 A. M. A. ALTA Owner's Policy Proposed Insured: - Amount $ 325 ,000.00 Premiums 730.75 5.00 tax cert. CLYDE L. MC FARLIN and ROBERT W. ANDREWS B. ALTA Loan Policy Proposed Insured: Amount $ Premium C. Amount s Premium $ 3. The estate or interest in the land described or referred to in this commitment and covered herein is tee simple and title thereto is at the effective date hereof vested in: WILLIAM R. SHAW, subject to Lease Agreement recorded July 31, 1968 in Book 235 at Page 703. (Please see Requirements hereunder) 4. The land referred to in this commitment is described as follows: Please see Exhibit "A" attached. 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 kxecuted and duly filed for record, to -wit: Please see Exhibit "B" attached. (OVER) -- Schedule B— Section 2 Exceptions ' - Street Address of Property ., The policy or policies to be issued will contain exceptions to the following unless tht, Same are disposed of to the satisfdctinn 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. encroachments. and 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 theretofore 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 acquiries of record for value the estate or interest or mortgage thereon covered by this Commitment. Exceptions hereby omitted. Please see Exhibit "C" attached. Conditions and Stipulations 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 undenaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B. or (c) to acquire or create the estate of interest 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. exclusion from coverage, and the Conditions and Stipulations 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 claim of loss or damage, whether or not based on negligence. and which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this commitment. I IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by s . +� "�� q an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the data shown ?:• •:• s in Schedule A as "Effective D te." :SEAL'eE USLIFE TITLE INSURANCE MPANY of Dallas Artesh Samar Vrce-President. Secretaryy & Treasurer v LfL't� Aer atutd SiaMtun, �. �- 16 EXHIBIT "A" ATTACHED AND MADE A PART HEREOF 476 -07 -23 LEGAL DESCRIPTION _ IF A tract of land within the Northwest one - quarter of the Southwest one - quarter of Section 7, Township 10 South, Range 84 West of the 6th P. M., described as follows: Beginning at the Southeast corner of the Northwest one - quarter of the Southwest one - quarter of said Section 7; thence North 89 32' West along the South line of the Northwest one - quarter of the Southwest one - quarter of said Section 7 a distance of 184.4 feet; thence North 53° 35' West 255 feet to THE TRUE POINT OF BEGINNING; thence South 33 28' West 108 feet along the Northerly line of a tract of land described as "Tract B" in deed recorded in Book 276 at Page 604; thence North 56 32' West 120 feet along the Northerly line of a tract of land described as "Tract B" in deed recorded in Book 276 at Page 604; thence North 27 21' East 197 feet more or less along the Easterly line of a tract of land described in deed recorded in Book 180 at Page 345 to the Westerly bank of the Roaring Fork River; thence Southerly and Southeasterly along said Westerly bank of river 165 feet more or less; thence South 33 28' West 12 feet more or less, to The Point of Beginning. Pitkin County, Colorado. EXHIBIT "B" ATTACHED AND MADE A PART HEREOF #76 -07 -23 REQUIREMENTS (continued) (c) Good and sufficient estate proceedings, approved by the Company, disposing of the interest of William R. Shaw and disposing of the interests of the successors in interest of William R. Shaw. (d) Release of subject property from the lien of the Colorado Inheritance Tax. (e) Evidence satisfactory to the Company of payment of Federal Estate Taxes, if the value of the estate is sufficient, which may have become due by reason of the death of William R. Shaw. . (f) Good and sufficient deed or deeds by the successors in interest of William R. Shaw, vesting fee simple title in Jack W. Jenkins. (g) Deed from Jack W. Jenkins vesting fee simple title in Clyde L. McFarlin and Robert W. Andrews. (h) Release by the Public Trustee of Pitkin County, Colorado of Deed of Trust from Jack W. Jenkins for the use of The Bank of Aspen, to secure $44,000.00, dated December 6, 1973 and recorded December 11, 1973 in Book 282 at Page 187, Reception No. 164155. NOTE: Conditional Assignment of Rents recorded December 11, 1973 in Book 282 at Page 185, given in connection with above Deed of Trust. (i) Release or termination of security interest under the Uniform Commercial Code affecting the subject property, notice of which is given by Financing Statement from Jack W. Jenkins, debtor to The Bank of Aspen, secured party, filed December 17, 1973 as Filing No. 2542. (j) Disposition of any interest of The Bank of Aspen as evidenced by Conditional Assignment of Rents recorded December 11, 1973 in Book 282 at Page 183. NOTE: We find no Deed of Trust of record in connection with above Assignment of Rents. (k) Release or termination of security interest under the Uniform Commercial Cole affecting the subject property, notice of which is given by Financing Statement from Jack W. Jenkins and Eleanor A. Jenkins, debtors to The Bank of Aspen, secured party, filed July 22, 1968 as Filing No. 532. EXHIBIT "C" ATTACHED TO AND MADE A PART HEREOF #76 -07 -23 EXCEPTIONS (continued) 6. Taxes due and payable: for the year 1975 in the amount of $406.74, delinquent + $5.08 interest. (These figures good thru July 31, 1976) 7. Reservations and exceptions as contained in States Patent recorded June 8, 1888 in Book 55 at Page 2 as follows: right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises. 8. Terms, conditions, obligations and right. of first refusal and option as set forth in Lease Agreement between 14m. R. Shaw and Jack W. Jenkins recorded July 31, 1968 in Book 235 at Page 703. NOTE: Above exception will be deleted in Policy to be issued hereunder upon recordation of instruments called for under Schedule B - Section 1- Requirements. 9. Terms, conditions and obligations of an unrecorded lease between Jack W. Jenkins, lessor and Eugene G. Barabe, lessee, and the Assignment thereof, as evidenced by instrument recorded December 13, 1974 in Book 294 at Page 478. 10.All existing easements, licenses, rights, or rights of way for pipe lines, pole and wire lines, roads, ditches, or otherwise, upon, along, over, or across subject property as set forth in deed recorded February 23, 1961 in Book 193 at Page 278. ll.Any tax, assessments, fees or charges by reason of the inclusion of the subject property in Aspen Fire Protection District, Aspen Metropolitan Sanitation District and Aspen Valley Hospital District.