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HomeMy WebLinkAboutcoa.lu.cu.940 E Hyman.A042-98 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE DENIAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT AND DENIAL OF RESIDENTIAL DESIGN VARIANCES FOR THE SIMPSON RESIDENCE, 940 EAST HYMAN AVENUE, LOT 0, BLOCK 32, EAST ASPEN ADDITION, CITY OF ASPEN. Parcel No. 2737 - 182 -06 -006 Resolution #98 - 15 WHEREAS, the Community Development Department received an application from Sunni Simpson of Hyman Street L.L.C., owner and applicant, for a Conditional Use Review for an Accessory Dwelling Unit of approximately three hundred and sixty (360) square feet and variances to the Residential Design Standards for "volume," "principal mass," and "inflection" for a proposed single- family residence at 940 East Hyman Avenue; and, WHEREAS, the parcel is approximately 3,000 square feet and located in the Residential Multi - Family (R/MF) Zone District and contains an existing single - family home proposed for demolition; and, WHEREAS, pursuant to Section 26.40.090 of the Aspen Municipal Code, Accessory Dwelling Units in the R/MF Zone District may be approved by the Planning and Zoning Commission as Conditional Uses in conformance with the requirements of said Section and Section 26.60; and, WHEREAS, pursuant to section 26.100.050, Accessory Dwelling Units provide for an exemption from the Growth Management Quota System; and, WHEREAS, variances from the Residential Design Standards may be granted by the Design Review Appeal Committee (DRAC), or any other Board reviewing any other required land use review for the development proposed pursuant to Section 26.58.040, if for each standard in question one of the following criteria is found to be met. Namely, the proposal must: a) yield greater compliance with the goals of the Aspen Area Community Plan; or b) more effectively address the issue or problem a given standard or provision responds to; or c) be clearly necessary for reasons of fairness related to unusual site specific constraints; and, WHEREAS, the Housing Office, Water Department, Fire Marshall, Aspen Consolidated Sanitation District, City Engineering, Parks Department, and the Community Development Department reviewed the proposal and recommended approval of the Accessory Dwelling Unit, with conditions, and denial of the variances to the Residential Design Standards; and, WHEREAS, during a public hearing at a regular meeting on July 21, 1998, the Planning and Zoning Commission denied by a 6 -0 vote the request for Conditional Use approval for the Accessory Dwelling Unit and variances to the Residential Design Standards, finding the proposal did not adequately address criteria "C" of the Conditional Use Standards, specifically the operational characteristic of the proposed parking, and 1111111 11111 111111111111 1111111111 1 III 11111 1111 1111 420219 08/04/1998 10:19A RESOLUTI DAVIS SILVI 1 of 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CO finding the proposal did not adequately justify a variance to the Residential Design Standards. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Conditional Use for an Accessory Dwelling Unit and variances to the Residential Design Standards for the proposed Simpson Residence, 940 East Hyman Avenue, is hereby denied. DENIED by the Commission at its regular meeting on July 21, 1998. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: &A-SLY CD, --J-4L City Attorney Sara Garton, Chair ATTEST: ckie Lothian, Deputy City Clerk 1 MEV 11111 111111 111111 1111 111111 11111 111 11111 1111 1111 420219 08/04/1998 10:19A RESOLUTI DAVIS SILVI 2 of 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CO r_{ t2 VT12 J 4-1 t :. of: z ( 7[1)1 44141 ( 7,0AiLA-2 ) (a4 Pis :F 1S a U "Rai We eakkeir 011-4- rem v 401 4444 €4A C A-1)0 c■ _ � cam_ ` yul ..,N" AiL„.a Sk wc- u E t ) G. � . __ s -- tt mt�k car e, t`''' uJt U or_ C Wc,„ 4W45 k - Mit ` NeaS — f tr tLd ka I Girt 'jac/1Rau¢.S WIoht LL Y Otxyc / u fI� _roc S pact 0.01- wt -el-- I(, (� (.16. 1 - j tCLk ( St �,( I y , /T an - SiY j . f oirkitiP Witt: f. 1 c / 1( (fi 'r ✓�5 � l tkD — tiniAtak , 01. 1. L, Euw-Lock7 .--oc.07: CO ' 2rf 3- 182_ occ, ooh MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Stan Clauson, Community Development Director FROM: Christopher Bendon, Planner I A/IAtI/1 RE: Simpson Conditional Use for an Accessory Dwelling Unit (ADU) and Design Waivers, 940 East Hyman Avenue -- Public Hearing DATE: July 21, 1998 SUMMARY: Sunni Simpson of Hyman Street L.L.C., owner, has applied for Conditional Use approval for and Accessory Dwelling Unit and variances to the Residential Design Standards for a proposed single - family residence at 940 East Hyman Avenue. The property is a 3,000 square foot lot located mid -block on the north side of Hyman Avenue between a house on the historic inventory and a multi - family building. The applicant is seeking design waivers for volume, primary mass, and inflection. The volume standard refers to windows between 9 and 12 feet above finished floors and penalizes the calculation of Floor Area for those elements. The primary mass standard refers to extent a structure is "broken -up" into smaller components. If a structure has a primary mass (of 70% or more of the total structure) then that element is also penalized in the calculation of Floor Area. The inflection standard seeks to protect the scale and massing relationship between adjacent buildings. New development which is next to a single -story structure must inflect, or "step- down," along that common boundary where the one -story element exists. Staff is recommending the Commission not vary these standards for this project. The proposed 360 square foot ADU is located below the garage with an entrance from the alley. Parking for the ADU has not been located on -site. Staff has included approval conditions to ensure compliance with the ADU provisions, including parking. If, however, the applicant cannot demonstrate how on -site parking would be provided for the unit, staff suggests the Commission deny the Conditional Use. staff encourages Commission members to visit the site prior to the hearing. Staff recommends the Planning and Zoning Commission approve the Conditional Use for an ADU at the Simpson Residence, with conditions, and deny the request to vary the Residential Design Standards. 1 APPLICANT: Hyman Street L.L.C., owner. Represented by Ryan Hoffner, Charles Cunniffe Architects. LOCATION: 940 East Hyman Avenue. ZONING: Residential Multi - Family (R -MF) LOT SIZE: 3,000 square feet LOT AREA (FOR PURPOSES OF FAR CALCULATION): 3,000 square feet as represented by applicant. The yard easement does not reduce the Lot Area FAR: 2,400 square feet. CURRENT AND PROPOSED LAND USE: Single - Family residence. PREVIOUS ACTION: The Commission has not previously considered this application. REVIEW PROCEDURE: Conditional Use. The Commission shall approve, approve with conditions, or disapprove the application at a public hearing. Residential Design Appeals. The Design Review Appeal Committee (DRAC), or any other board for which land use approval is required, shall approve, approve with conditions, or disapprove the application at a public hearing. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "A." Agency referral comments have been included as Exhibit `B." The application has been included as Exhibit "C." RECOMMENDATION: Staff recommends approval of the Conditional Use for an Accessory Dwelling Unit at the Simpson Residence, 940 East Hyman Avenue, with the following conditions: A S -1 1. Prior to the issuance of any building permits, the building plans shall reflect: 2 a) that the proposed ADU is labeled as such and meets the definition of an Accessory Dwelling Unit. b) that the primary residence and the ADU both be able to function as separate residential units. Each shall have an entrance and access to individual mechanical equipment for the respective unit. c) that the ADU will contain a kitchen (having a minimum of a two- burner stove with oven, standard sink, and a 6 -cubic foot refrigerator plus freezer) and a bathroom. d) that there is a signed and recorded ADU deed restriction on the property, a form for which may be obtained from the Housing Office. The deed restriction shall be noted on the building permit plans. e) that the ADU has the minimum one (1) off - street parking space of standard size (18' x8.5') provided. The ADU parking space must have clear access and cannot be stacked with a space for the primary residence. f) that the ADU meets all applicable UBC requirements for light and air. 1. Prior to issuance of a building permit, the applicant shall provide a current Site Improvement Survey signed by a registered Land Surveyor. 2. Prior to issuance of a building permit, the applicant shall submit a drainage report and a drainage plan, including a erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on -site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2 year storm frequency should be used in designing any drainage improvements. 3. Prior to issuance of a building permit, the permit plans shall demonstrate compliance with the R -MF Zone District requirements including, but not limited to, the requirement for 35% Open Space, as defined in the Land Use Code. 4. Prior to issuance of a building permit, the permit plans shall show compliance with all aspects of the Residential Design Standards including FAR penalties for "primary mass" and "volume." A one -story element shall be provided 12 feet wide and as far back as the adjacent building is one -story to meet the "inflection" standard. 5. Prior to issuance of a building permit, the permit plans shall delineate the location of the five (5) foot wide sidewalk and roll curb along the Hyman Avenue length of the property to be constructed by the applicant. Both of these improvements shall be completed prior I to issuance of a Certificate of Occupancy. '11-e c 1 ., $ w' std be `fcw 6. Prior to issuance of a Certificate of Occupancy, the applicant shall repair the alley as necessary with a 4" thick asphalt patch. 7. Prior to issuance of a building permit, the applicant shall complete and record an agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. 8. All utility meters, and any new or relocated utility pedestals or transformers must be installed on the applicant's property and not in any public right -of -way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Revisions to utility locations and easements must be delineated on a revised site improvement survey prior to issuance of a certificate of occupancy. Meter locations must be accessible for reading and may not be obstructed. 3 9. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees. 10. The applicant shall limit construction to the hours between 8 a.m. to 6 p.m. The applicant shall inform the contractor of this condition. 11. All construction vehicles, materials, and debris shall be maintained on -site and not within public rights -of -way unless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the 2 hour residential parking limitation of the area. The applicant shall inform the contractor of this condition. 12. The applicant must receive approval for any work within public rights -of -way from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 13. Before issuance of a building permit, the applicant shall record this Planning and Zoning Commission Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the altemative, the applicant may pay this fee to the City Clerk who will record the resolution. 14. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the Conditional Use for an Accessory Dwelling Unit at the Simpson Residence, 940 East Hyman Avenue, with the conditions outlined in the Community Development Department memo dated July 21, 1998." ALTERNATE MOTION: "I move to deny the Conditional Use for an Accessory Dwelling Unit at the Simpson Residence because the applicant cannot demonstrate adequate parking for the use and move to deny the request to vary the Residential Design Standards for this project." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Referral Agency Comments Exhibit C -- Development Application 4 Exhibit A STAFF COMMENTS: ADU Section 26.60.040, Standards Applicable to all Conditional Uses (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. Staff Findine: An Accessory Dwelling Unit with no mandatory occupancy deed restriction is consistent with the purposes, goals, objectives, and standards of the Aspen Area Community Plan and qualifies as an exemption from Growth Management. Accessory Dwelling Units are a conditional use in the R -MF Zone District. (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. Staff Finding: The surrounding land uses are mixed single- and multi - family residential. There are existing ADUs in the immediate area. Staff believes this conditional use is compatible with the surrounding land uses. (C) The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Staff Finding; The proposed ADU has no proposed parking space. The applicant has suggested a space could be available in the alley. This space, however, would be stacked with the primary residence's and only 10' deep - not large enough for an auto. The proposed ADU is below -grade and must meet UBC requirements for light and air. The proposed ADU does not appear to be able to function as separate residential unit. The mechanical room is only accessible from the primary residence. The Commission should require the unit to be able to function individually and separately from the primary residence. (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 medical services, hospital and medical services, drainage systems, and schools. Staff Finding: Park fees are payable at building permit. Infrastructure capacity is sufficient for this development and utilities are available. The applicant will need to complete a tap permit for sanitation service and is subject to connection fees. Staff Comments page 1 (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Staff Findine: The conditional use mitigates itself. (F) The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. Staff Finding The unit does not have parking. The Commission should require parking or deny the use if parking cannot be made available. The applicant is seeking waivers from the Residential Design Standards. Staff has reviewed these requests below. Section 26.40.090, Accessory Dwelling Units A. General Provisions 1) Accessory Dwelling units shall contain not less than three - hundred (300) square feet and no more than seven - hundred (700) square feet of net livable area. The unit shall be deed restricted, meeting 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 principle residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. One (1) parking space shall be provided on -site for each studio unit, and for each bedroom within a one or two- bedroom accessory dwelling unit. Staff Findine: The proposed ADU is 360 square feet. The applicant will be required to file a deed restriction on the unit prior to building permit. 2) An attached accessory dwelling unit shall be subject to all other dimensional requirements of the underlying zone district. Staff Finding The applicant's permit plans will be reviewed with respect to the R -MF Zone District. The Zone requires 35% Open Space as open to view from the street. The plans may need to be adjusted to meet this provision of the zoning. 3) A detached accessory dwelling unit shall only be permitted on parcels that have secondary and/or alley access, exempting parcels with existing structures to be converted to detached accessory dwelling units, detached garages or carports where an accessory dwelling unit is proposed above, attached to, or contained within such detached garage or carport. Detached accessory dwelling units are prohibited within the R -15B zone district. Staff Finding: The ADU is proposed as an attached unit. 4) An attached accessory dwelling unit shall utilize alley access to the extent practical. Staff Finding This application uses the alley appropriately.. Staff Comments page 2 A. Development Review Standards. 1) The proposed development is compatible and subordinate in character with the primary residence located on the property and with the development located within the neighborhood, and assuming year -around occupancy, shall not create a density pattern inconsistent with the established neighborhood. Staff Finding; The ADU is subordinate in character and is not expected to create a density problem. The ADU, however, should be provided with an off - street parking space to meet this density standard. 2) Where the proposed development varies from the dimensional requirements of the underlying zone district, the Planning and Zoning Commission shall find that such variation is more compatible in character with the primary residence than the development in accord with dimensional requirements. The following dimensional requirements may be varied: a. Minimum front and rear yard setbacks b. Minimum distance between buildings on the lot. c. Maximum allowed floor area may be exceeded up to the bonus allowed for accessory dwelling units. d. The side yard setback shall be a minimum of three feet. e. The maximum height limits for detached accessory dwelling units in the R -6 zone district may be varied at the rear one -third (1/3) of the parcel, however, the maximum height of the structure shall not exceed eighteen (18) feet. On Landmark Designated parcels and within the Historic Overlay District the HPC shall have the ability to make height variations. f. Maximum allowable site coverage may be varied up to a maximum of five (5) percent, on Landmark Designated Parcels and within an Historic Overlay District the HPC shall have the ability to make such site coverage variations. g. In the case where the proposed detached accessory dwelling unit is located on a Landmark Designated Parcel or within an Historic Overlay District only HPC may make dimensional variations pursuant to the standards of Section 26.40.070(B) Staff Finding. The applicant is not requesting any variations to the dimensional requirements. Parking standards may not be varied for ADUs. 3) The Planning and Zoning Commission and the Historic Preservation Committee may exempt existing nonconforming structures, being converted to a detached accessory dwelling unit, from 26.40.070(B)(2)(a -g) provided that the nonconformity is not increased. Staff Finding: Not applicable. 4) Conditional use review shall be granted pursuant to Section 26.60.040 Standards applicable to all conditional uses. Staff Finding: Refer to Staff Comments for Conditional Use review. C. Bandit Units. Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to November 1, 1988, and which complies with the requirements of this section may be legalized as Staff Comments page 3 an accessory dwelling unit, if it shall meet the health and safety requirements of the Uniform Building Code, as determined by the Chief Building Official. Staff Finding; Does not apply. D. GMQS/ Replacement Housing Credits. Accessory dwelling units shall not be used to obtain points in the affordable housing category of the Growth Management Quota System (GMQS). Only those units meeting the housing size, type, income and occupancy guidelines of approval of the housing designee and the standards of Section 26.100.090 may be used to obtain points in the affordable housing category. Accessory dwelling units also may not be used to meet the requirements of Title 20 of the Municipal Code of the City of Aspen, Colorado, "Residential Multi - Family Housing Replacement Program." Staff Finding; Does not apply. E. FAR for Accessory Dwelling Units. For the purposes of calculating floor area ratio and allowable floor area for a lot whose principle use is residential, the following shall apply: the allowable floor area for an above -grade attached accessory dwelling unit shall be excluded to a maximum of three - hundred -fifty (350) square feet of allowable floor area or fifty (50) percent of the size of the accessory dwelling unit, whichever is less. This floor area exclusion provision only applies to accessory dwelling units which are subject to review and approval by the Planning and Zoning Commission pursuant to conditional use review and approval, Section 26.60.030 of this code, and the units must be deed restricted, registered with the housing office, and available for rental to an eligible working resident of Pitkin County. The owner retains the right to select the renter for the unit. An Accessory Dwelling Unit separated from a principal structure by a distance of no less than ten (10) feet with a maximum footprint of four hundred fifty (45) square feet, shall be calculated at fifty (50) percent of the allowable floor area up to seven hundred (700) square feet of Floor Area. Any element linking the principal structure to the accessory structure may be no more than one (1) story tall, six (6) feet wide, and ten (10) feet long. Staff Finding; The unit does not qualify for a Floor Area exemption and the applicant is not requesting a Floor Area bonus. STAFF COMMENTS: Residential Design Standards WINDOWS (VOLUME): The applicant's proposed development is subject to a FAR penalty with the following Residential Design Standard: All areas with an exterior expression of a plate height greater than 10 feet shall be counted as 2 square feet for each 1 square foot of floor area. Exterior expressions shall be defined as facade penetration between 9 and 12 feet above floor level and circular, semi - circular, or non - orthogonal fenestration between 9 and 15 feet above floor level. In response to the review criteria for a DRAC variance, Staff makes the following findings: a) in greater compliance with the goals of the AACP; or, Staff Finding; Staff Comments page 4 The proposed variance is not in greater compliance with the goals of the Community Plan. The Residential Design Standards are a direct outcome of the AACP. b) a more effective method of addressing standard in question; or, Staff Finding The design is not more effective than the standard. The standards specifically says no windows in this area unless the house size is reduced by the Floor Area penalty. The applicant has proposed the windows to provide relief from the mass of the building. Staff believes the best way to accomplish this would be the break -up the mass of the building itself. c) clearly necessary for reasons of fairness related to unusual site specific constraints. Staff Finding There are no site specific constraints for this property which necessitate larger windows, or windows above 9 feet. The site is flat, buildable, within the grid, and within a developed neighborhood. There does not appear to be any constraints to the site. PRIMARY MASS: The applicant's proposed development is subject to a FAR penalty with the following Residential Design Standard: Primary Mass. A primary mass is a building volume for which two (2) of the following characteristics do not vary: plate height, ridge height, wall plane. The floor area of a primary mass in excess of seventy (70) percent of total allowable floor area shall be multiplied by 1.25. Incidental exterior features that break a roof or wall plane such as dormers or bay windows are not considered as changing a plate height, ridge height or wall plane. In response to the review criteria for a DRAC variance, Staff makes the following findings: a) in greater compliance with the goals of the AACP; or, Staff Finding; The proposed variance is not in greater compliance with the goals of the Community Plan. The Residential Design Standards are a direct outcome of the AACP. b) a more effective method of addressing standard in question; or, Staff Finding: The applicant has not provided a more effective method for this standard. The Standard allows for this type of development, but at a smaller scale after an FAR reduction. Furthermore, to provide relief of this affect, the applicant has proposed windows which also need a variance. c) clearly necessary for reasons of fairness related to unusual site specific constraints. Staff Comments page 5 4 y vJ Staff Finding; There are no site specific constraints for this property which necessitate a primary mass. This mass should simply be broken -up. INFLECTION The applicant's proposed development is not in compliance with the following Residential Design Standard: Inflection. If the street frontage of an adjacent structure is one (1) story in height for a distance more than twelve (12) feet on the side facing a proposed building, then the adjacent portion of the proposed building must also be one (1) story in height for a distance of twelve (12) feet. If the adjacent structures on both sides of a proposed building are one (1) story in height, the required one (1) story volume of the proposed building may be on one (1) side only. If a proposed building occupies a corner lot, and faces an adjacent one (1) story structure, the required one (1) story element may be reversed to face the corner. Staff has consistently applied this the mean a 12 wide element for the distance along the lot line where the adjacent on- story element exists. In response to the review criteria for a DRAC variance, Staff makes the following findings: a) in greater compliance with the goals of the AACP; or, Staff Finding; The proposed variance is not in greater compliance with the goals of the Community Plan. b) a more effective method of addressing standard in question; or, Staff Finding; The design is not more effective than the standard. The standard specifically protects the residential scale and massing of the towns neighborhoods and protects one story houses from being "buried" by adjacent development. c) clearly necessary for reasons of fairness related to unusual site specific constraints. Staff Finding; Again, there is nothing drastically unusual about this site. The property is, however, only 3,000 square feet. Staff does not believe this is a fairness issue which dictates an inappropriate treatment of the adjacent structure. Commission members may want to visit the site prior to the hearing. Staff Comments page 6 aX.e MEMORANDUM To: Chris Bendon, Project Planner Thru: Nick Adeh, City Engineer 7 From: Ross C. Soderstrom, Project Engineer �jp f Date: June 16, 1998 Re: Simpson ADU Conditional Use Review Physical Address: 940 E. Hyman Avenue, City of Aspen, CO Legal Description: Lot 0, Block 32, Aspen Original Townsite, City of Aspen, CO [Sec. 18, T1OS, R84W] Parcel ID No.: xxxx- xxx- xx -xxx After reviewing the above referenced application and making a site visit, I am reporting the combined comments made by the members of the DRC: 1. Changes in Conditions: If the proposed use, density, or timing of construction of the project change, or the site, grading, drainage, parking or utility plans for this project change subsequent to this review, a complete set of the revised plans shall be provided to the Engineering Dept. for review and re- evaluation. The discussion and recommendations given in this memorandum apply to the application and plans (dated June 3, 1998) provided for this review and such comments and recommendations may change in response to changes in the use, density, or timing of the construction of the project, or changes in the site, grading, drainage, parking or utility designs. 2. Application and Improvement Survey : The application lacks an Improvet Sur�Py site plan and complete title commitment. The review comments are conditioned upon the incomplete information provided in the application packet. The application does not address the disposition of the (side) yard easement with respect to the proposed re- development of this property although this will need to be resolved. The applicant will need to provide a complete, current Improvement Survey by a currently licensed Colorado land surveyor with the building permit application. Conditions not accurately nor thoroughly represented in the application may result in subsequent changes to the site plan and building to fulfill City standards. • The applicant will be required to complete the standard requirements and conditions associated with the form(s) of development requested in the application. 1 OF 3 DRCM1698.DOC Memo - Simpson - Conditional Use Pa... .dew for an ADU ..../ 3. Changes in Conditions: If the proposed use, den - o construction o e project change, or the site, grading, drainage, par -• ity plans for this project change subsequent to this review, a complete set of the revi - • . ns shall be provided to the Engineering Dept. for review and re- evaluation. The discussion ecommendations given in this memorandum apply to the application and plans (received A. +, 1998) provided for this review and such comments and recommendations may change in r- • se to changes in the use, density, or timing of the construction of the project, or changes in the si : ading, drainage, parking or utility designs. 4. Utility Services, Trash and Recycling Areas: The service pedestals abutting the north property line may need to be altered or relocated in order to access the stairway along the westerly side of the garage. If these are relocated the property owner will need to provide an accessible, serviceable easement within the property for these pedestals. The application materials do not indicate proposed utility service locations however, utility service connection points, meters, cabinets, etc., need to be accessible to service personnel in the completed project and not obstructed by garbage or recycling containers, other structures or landscaping. All existing and any new easements for utilities shall be shown on the fmal improvement plans submitted for the building permit. 5. Site Drainage: The new development cannot release more than historic (pre - development) storm run -off flows from the site. Released run -off must be in non - concentrated discharge and any increase in historic storm run -off flows must be first routed and detained on the site. A drainage report and drainage, j (including erosion and sedimentation control measures) completed and stamped by a Colorado licensed civil engineer will be required for the project to accommodate the drainage flows originating from the site. Precipitation intensity curves for a two year (2 yr.) storm frequency should be used in designing the drainage improvements. If a ground injection or re- charge type drainage system is proposed, the percolation rate of the soils will need to be measured and reported in a geotechnical report, and included as the basis for sizing the infiltration field. The drainage report and plan, and the geotechnical report, if any, will be included with the plan set submitted for the building permit application. 6. Driveways & Parking Area: The application does not provide an identified parking space for the ADU within the property boundaries. A parking space meeting the dimensional requirements and lying e entirely within the property boundaries must be shown in the site plan submitted with the building permit plan set. While the existing back yard of the property is approximately 2 ft above the grade in the alley, the slope of the proposed driveway may not exceed 12_ /o between the alley and garage nor may the paved alley be re- graded. Any disturbance of the pavement in the alley will be repaired by sawcutting 1 ft beyond each side of the disturbed area to square out the patch area which will receive a 4 inch asphalt patch. 7. Tree Permit: A tree permit is required for trees to be relocated on the property. 2 OF 3 DRCM1698.DOC Memo - Simpson - Conditional Use Res.., for an ADU 'as" 8. Sidewalk, Curb & Gutter: The sidewalk alignment will be shown on the site p n submitted with the building permit application. The property owner shall construct a standard fve 5 ft ide sidewalk along the E. Hyman Avenue frontage prior to issuance of a Certificate of Occupancy. The section of curb with a depressed curb head (former driveway, approximately 25 ft) will be replaced with a roll curb matching the adjoining curbs on the street prior to issuance of the Certificate of Occupancy. 9. Improvement Districts: The property owner is required to join any future improvement districts formed for the purpose of constructing public improvements which benefit the property under an assessment formula. The agreement would be executed and recorded prior to the issuance of a building permit. 10. . As- Builts: Prior to C.O. issuance the building permit applicant will be required to submit to the Aspen/Pitkin County Information Services Dept. as- builts drawings for the project showing the property lines, building footprint, easements, encroachments, entry points for utilities entering the property boundaries and any other improvements. 11. rWork in the Public Rights -of -Way: Given the continuous problems of unapproved work and development in public rights -of -way and easements, we advise the applicant as follows: The applicant must receive approval from: City Engineering (920 -5080) for design of improvements, including landscaping and grading, within public rights -of -way; Parks Department (920 -5120) for vegetation species and placement, and irrigation systems; Streets Department (920 -5130) for mailboxes, 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 (920 - 5090). • DRC Meeting Attendees Applicant: none Staff & Referral Agencies: Chris Bendon, Ross Soderstrom, Jack Reid, Bill Earley, John Krueger, Steve Ellsperman, Lonnie Whitmire, Bob Nevins, Patrick Duffield, Mitch Haas, Nick Adeh 3 OF 3 DRCM1698.DOC %pc Consojo(¢fejc5anifafion 'J- /rid 565 North Mill Street Aspen, Colorado 81611 Tele. (970) 925 -3601 FAX #(970) 925 -2537 Sy Kelly • Chairman Michael Kelly Paul Smith •'Freas. Frank Loushin Louis Popish • Sccy. Bruce Matherly, Mgr. June 11, 1998 Chris Bendon JUN 1 5 1998 Community Development 130 S. Galena r . Aspen, CO 81611 `T Re: Simpson ADU Dear Chris: The Simpson residence is currently served by the District. Service can be provided for the proposed ADU once a tasermit issi2Lugidcd at our office. Detailed plans for the unit will be needed to complete a tap permit. We would request that the total connection charge.s be paid prior to the issuance of a building permit. As usual, service is contingent upon compliance with the District's rules, regulations and specifications which are on file at the District office. Please call if you have any questions. Sincerely, Bruce Matherly District Manager EPA Awards of Excellence 1976 . 1986 . 1990 Regional and National JUN 11 '98 09 :25AM ASFEN HOUSING OFC P.1 MEMORANDUM TO: Chris Bandon, Community Development Dept. FROM: Cindy Christensen, Housing Office DATE; May 7, 1998 RE: Simpson ADU Conditional Use —940 East Hyman Avenue Lot 0, Block 32, East Aspen Addition, Parcel ID No REQUEST: The applicant is requesting approval for an accessory dwelling unit to be located below an attached garage. D: According to Section 28.40.090, Accessory Dwelling Units, a unit shall contain not less than 300 square feet of net livable area and not more than 700 square feet of net livable area. !€S: When the Housing Office reviews plans for an accessory dwelling unit, there are particular areas that are given special attention. They are as follows: 1. The unit must be a totally private unit, which means the unit must have a private entrance and there shall be no other rooms In this unit that need to be utirized by the individuals in the principal residence; i.e., a mechanical room for the principal residence. 2. The kitchen includes a minimum of a two-burner stove with oven, standard sink, and a 6- cubic foot refrigerator plus freezer. 3. The unit is required to have a certain percentage of natural lght into the unit, i.e., windows, sliding glass door, window wells, etc., especialy If the unit Is located below grade. The Uniform Build' Code requires that 10% of the floor area of a unit needs to have natural light. Natural light Is defined as light which is clear and open to the sky. 4. Should the unit be used to obtain an FAR bonus, the unit MUST be rented to a qualified employee. 5. A deed restriction MUST be recorded PRIOR to building permit approval. The deed restriction shall be obtained from the Housing Office. The Housing Office prefers units above grade, but as long as conditions 1 through 5, stated above, are met, the Housing Office recommends approval. Wderraneime8 ulo PROJECT: c LAND USE APPLICATION 0 Name: SIM pso/y RES/ OF.MCE Location: 140 E. HYNAN LOT 0, Stocic 3L fAsr ,t5PEM AOPrrlo:4, A5PE Co. (Indicate street add lot & block number, legal description where appropriate) APPLICANT: Name: NYrIAN T. Address: c w0 E, T H- lYtIAH Ave'. Phone #: Sy4 - o[i s REPRESENTATIVE: Name: CHAP LES , WHMIPF • --eNTZGH - T5/ EYA:4 H0 FFMER- Address: gi a. HYr -I.tN Ave- 5c.A. I rE 361 Phone #: 1 zS- SS°! D TYPE OF APPLICATION: (please check all that apply): Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development a Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 5 /MCA tC FA, ell L'r' ass, oe I-IrF }-In t :7, At r F. FlG AMSFYIe"tIT PROPOSAL: (description of proposed buildings, uses, modifications, etc.) s /NG /.P. FAH /L'( QeS /ocjcE L✓,/4 t2-A/ - i " )) A1 - TA CYler) A• D.IA. Have you attached the following? FEES DUE: $ ❑ Pre - Application Conference Summary © Attachment #1, Signed Fee Agreement a Response to Attachment #2, Dimensional Requirements Form [� Response to Attachment #3, Minimum Submission Contents g Response to Attachment #4, Specific Submission Contents i Ff Response to Attachment #5, Review Standards for Your Application ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: LIMPS arl 2ESID Applicant: HYMAri sT. L. L.C. Location: ° ND E. HYHAH AVE. Zone District: R - h F Lot Size: 30' 3c DO' Lot Area: z-[S s.F. (a000tr 71S YALJ EAsCHENT ) (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: I Proposed: 1 Avis A.D.L4. Number of bedrooms: Existing: 3 Proposed: 3 Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: 1,460 Allowable: t.Moo Proposed: 7 Principal bldg. height: Existing: IlL 6° Allowable: 2,5L0" Proposed: 23'- loy Access. bldg. height: Existing: N/A Allowable: WA. Proposed: N/A On - Site parking: Existing: 0 Required: 3 Proposed: 3 % Site coverage: Existing: co LC Required: One Proposed: 1715'1 % Open Space: Existing: 177.5' Required: 050 Proposed: 1 L Front Setback: Existing: 10' Required: 10' Proposed: 1 D' Rear Setback: Existing: 10' Required: 1 0' Proposed: 10' Combined F/R: Existing: Lo` Required: 1.0' Proposed: la' Side Setback: Existing: S' Required: 5' Proposed: S' Side Setback: Existing: S' Required: S' Proposed: S Combined Sides: Existing: 16 Required: 10' Proposed: 10' Existing non - conformities or encroachments: Variations requested: CHARLES CUNNIFFE ARCHITECTS �■ 520 E. HYMAN SUITE 301 ASPEN, CO 81611 PHONE (970) 925 -5590 FAX (970) 925 -5076 CA MEMORANDUM ARCHITECTURE PLANNING TO: Design Review Appeals Committee INTERIORS FROM: Ryan Hoffner DATE: 6 - - 98 PROJECT: Simpson Residence JOB NO.: 9759 REGARDING: Variance to Volume Standard The Applicant, Hyman St. L.L.C., hereby request a variance to the volume standard as stated in chapter 26.58.040 of the Aspen Land Use Code. The Simpson Residence, located at 940 E. Hyman, now to be referred to as The Project, requests a variance to the Residential Design Standards concerning the use of facade penetrations between nine (9) and twelve (12) feet above the finished floor. The fenestration's in violation are small l' -6" x 1' -6" and 2' -6" x 2' -6 "square windows. We feel that the presence of these small windows do not compromise the intended goals of the Residential Design Standards. They do not increase the scale or volume of the building but rather break up the solid wall mass. These penetrations are necessary to provide natural light into the interior vaulted spaces. In addition these small windows add relief and texture the exterior without compromising the mass of the building. The Project appropriately addresses and/or exceeds the majority of the Residential Design Standards as well as zone requirements. The covered entry porch is 188 square feet as opposed to the required minimum of 50 square feet. The one story roof element, which is the full width of the street facade, is also a positive addition to the scale of the established neighborhood. The building is also well below the imposed height limit for the zone. These standards clearly exceed and /or add to the pedestrian scale of the neighborhood, a primary goal of the Residential Design Standards. With design and size considerations of the window's in violation as well as the conscious attempt to maintain the character and scale of The Project, The Applicant wishes to be granted a variance to this standard. .,, CHARLES ARCHITECTS 520 E. HYMAN SUITE SUITE 3 301 1 ASPEN, CO 816 81611 PHONE (970) 925 -5590 FAX (970) 925 -5076 CA ARCHITECTURE PLANNING Review Standards: Development of an Accessory Dwelling Unit INTERIORS 1. The proposed residence is located in a residential area and conforms to the character of the established neighborhood. The attached A.D.U. is located within the proposed residence and therefor is compatible with the project on the property. The A.D.0 has a separate entrance with parking of the alley therefor not creating any unusual density patterns within the neighborhood. 2. The proposed A.D.U. conforms to all dimensional and code requirements of the zone district. a) 10' front and rear setbacks b) N/A c) The 360 sf A.D.U. exceeds the minimum requirement of 300 sf. d) 5' side setbacks e) N/A t) Maximum allowable site coverage is not exceeded g) N/A 3. N/A 4. N/A X hEE MTALHF Fog 6114ECTIof 5 A Sov'c , N."' I c): K I 00 00 ■ M.I NET LIVABLE 360 sf LIGHT: REO'D: 281 PROVO: 28.3 A.D.U. PLAN 1/4" =I._0„ 08/10/94 13:51 8505 91/4 S G A INC leauv_ I1VPR0 vA �FNY SUR l VAT- A T - Telephone & e S 75'09'11' E - 30.o0' • . • Reber & Can _...ii L r 9j8 'r 96 LEGAL DESCRIP770N: LOT 0, BLOCK 32; B oa 70 spruce • EAST ASPEN ADD/T/ON, ASPEN, COLORADO ; 940 £AST HYMAN' AVENUE. Gas N• ' e . ASPFJV, COLORADO �. ;. 2 Sin 4 5 Y S i electr;c Hate EASaik7V7S FROM 777LE ;?,/#1 rva ev O G1OMM?MDVT PCT—.9157 sy fr-' • BY P/D(/N COUNTY 7777E �/ R .4 9 A ��/ qtr jj7 01 0 72 ;- = � i l' '� R ` , ti _. v. S r- `G moo' e AsPe) , 3 , 44- c * 1 Aspen �, / Temporary easement 7 7 ;lice ,d u /1 crow �'AC a /) e• for yard purposes, O Book 354 Poge Z76 :. 6 " Sh ru b ti +. "Pen rdrr 5" Aspen r _ •._:__ . .open L:F ♦ 1$710 / R & Cogs . mat c. _ I A 910 M •1 f _ y • k S. 75• shrub BRICK PAVERS . • • 3o0 Nl7 777?/11/3 / Vb • ------ VCA / . . 0 20 dr 677 Scala >" = .24 feet Confour Interval = 1 fret Surveyor's Certificate: • /, Kenneth R. Wilson, being a :Registered Land Surveyor in the State of Colorado, do hereby .certify that this improvement survey i was mode under my supervision and is true and correct to the best CHARLES CUNNIFFE AkCHITECTS ,! �■ 520 E. HYMAN SUITE 301 ASPEN, CO 81611 PHONE (970) 925 -5590 FAX (970) 925 -5076 c A ARCHITECTURE PLANNING Applicant: Hyman St. L.L.C. INTERIORS 940 E. Hyman Ave. Aspen, Colorado 81611 970 544 -0675 Architect: Charles Cunniffe Architects 520 E. Hyman Ave. Suite 301 Aspen, Colorado 81611 970- 925 -5590 The Owner, Hyman St. L.L.C., authorizes the Architect, Charles Cunniffe Architects, as a representative to act on behalf of the Owner. Any question concerning the Conditional Use Review may be directed to CCA c/o Ryan Hoffner. Project Address: 940 E. Hyman Ave. Aspen, Colorado 81611 Legal Description: Lot 0, Block 32, East Aspen Addition, Aspen, Colorado Sincerely, Sunni Simpson Enclosure(s) r .at. k t /L $� o no x L, rt 1:S.,:--:,_--- \ r ,;. A,-0. �� -- p ! E . ..: - `+K.."g .,.5 q `.:9 £. 0. ^� P \ a a b � '� ' b a 9 \ s Sriat _ il nny q % N —, °- .4. . O °M1,� �' 9" U s e, �w ,Aspen 3 Q , 2e•. } ..) F aK n .s ; $ r 'y Ve•.(I ra.d•..ur rvmv. ,�,p et e°C' e 1 ex' ,. cul..p .sr flellam Priv pnpeu .. Ae•mrne.. •4 . ..y `�_ P.n ee W ¢ al ^we be -- � -- `,...,„ '41 - G ' {. a . \< •? G-is =' bM `"" �` y _ v� 6 1. r ( dI d S 1 L, " .` y l d N _,1 t 4j' - R£ r e N_ l i W. d e �Y....sy "..• `9, ¢ ��. Maroon Cre kNtl L. L `-.... ', 0s:a/t �' ". 9 n . £ e is w O a + 5 ti _ . Pt mn+ P i"' 5# ..--• a:* ��y d - ,--4 F ' 's' sm „ ya . % e w .w.xn 1 4 •sxa QC;„--,-,-;_?, n5' i_ G_ t ^ .CLQ P . 7e v : onnm a s 1 9 a a ."^ e x , - PROJECT LOCATION ' a ..:d'. , •. .p vl!.t.MO p \Un PI y f . L 5: i � � frc.oenaence PA: VICINITY MAP 940 E. Hyman • Aspen, Colorado ` w \ < i • , ' ____.--- , L____ i f ■ I f 1 i I J ,..„,.................1.....> 0- \ ----___) 1 i __ I 4;1' h 1 i , HOPKINS AVE 'N j ' L _4 s , � IX t , ' K I NG 'EA - !!S (-------c:.<..! T 'le - ! L__\ILli ---- I \ I 3 - 570 5 sr.. Y \ - o N O a / E HYMAN AVE Cf' 1- o z z 1 r,�. _fic,,„ LIJ 93° • � rier:41.. „ J gi v �' w ___ APtL& . `J tec en., ' " ail► Ai -I... _____ i _____ , c , „:„.. _ _______ \ 0 -,\, 7-16 li taCEIVED AspeAl �jPt Atp "o rai #- 20 c-0 HHr1 CV , jai 6 1998 fk2 G ci /O ` s Q4 r , AS PENIPISKW �pMSALINITY DEVELOPMENT /N 'Seas' MEE ek)(ese0 ( 'tens k7 94 a7 tfri Avg, /r AoFagzc 7 r Tffeee /S fE a- - atioytee, 7/�- se 6Aat_ _ iftti .9) i (. -e /s omit /o'. IF Vieee /s_ Ati 491 PA2gio 5acic..p Be PA oasis _, nr 7ff /D 5 /itt Wouc -D 'kir 40 - PA,tjea- !S D, R'lccicr 45 / - r eQsts /tJ re 42 i006 ,JQo o, stotJ 7€ o 7117.6 Piaoklff:2 /,tea fa RWa I5 .4 Ctrac,ft _ . >sue . *Pat? you 00,57 /'3E. CotJ1/1tk Veer /5 6 ,F3cc 72 Mho M/it ADS[ P ,40 7 6Ambe mi A- /o' sOACE • r7 waic.0 ea cn To A- lo wive isie 7.0 1o1 5Mee PPM 12.Le( /"- A 30 ' w,ot Disc~ . perl 7t frecoR feerevr 71 C, /11/2 't 4 1 Michael Peter Hubbard, Sr., Ed,D. 10503 Sunset Tarmac, Clive, 1A 50325 Phone (515) '2674370 Sara Thomas Zaeiog Fwfota a eat OM= Palming City Hall 130 South Street 43e14 A Co 81611 Re: Easement Agreement FAX (970) 920 -5439 THIS PAGE PLUS FOUR luxe II, 1998 Dear Ms. Thomas: We wanted you to have a copy of this easement agreement as we've been told that the people who bought 940 East Hymn would like to tale Ibe fence dower In order to property enforce the zoning and building reguladions, please Hake this legal doc pelt of the "Address File" of both 920 Fast Hyman Avenue and 940 East Hyman Avenue. The document, of retard, states that the fence between One properties may not be moved or ahered in any way, under any ti aumstataxis whatsoever by anyone but the oaten or 920 East Hymn Avenue. We are the owners, and we are most cage[ to have this ag eentent cnforord Sincecaly, gna 1 OEM OZ6 OL6+ 01 !819 926 E0E 0EVREfH N[88d Nd E :E0 86 -11 -90 EASEMENT ACREIDIENT T H I S A G R E E M E N T is made an the // 7/14 day of,, /_ • 1995 by and between Susan v. Relies Trust its emcee re r assigns ( "Roller ") and Michael P. Hubbard and Ara May Hubbard their successors, or assigns (' ") with reference to the followings REciTALes 1►. .The parties are record camera of adjoining parcels of °; real property situate in the City and Townsite of Aspen, Pitkin r county, Colorado, Rolles being the record owner of Lot 0, Block 32, .+ East Aspen Addition (the "Rolles Property`) and Hubbard being the D r , record Soar of Lot H, Block 32, East Aspen Additiop„(the "Hubbard Property "). • m WV B. Certain. improvements appurtenant to the Hubbard Property m have for many years been constructed upon; the !Wiles Property - - vit., a walkway approximately five feet in width bordered by a wooden fence such walkway being located along the western side of the Rolles property - all as is more particularly shown on the Improvement survey hereto annexed as Exhibit A as "Easement _ co Property " m .r C. The parties' wish herein to - confirm a permanent z arrangement concerning the walkway presence and maintenance of the n ` walkway and fence. tiw1Y'asSS: i -«w < NOW, THEREFORE, in consideration of the foregoing Recitals, 0 , 1 ? the making and keeping of the mutual covenants herein contained, m and other good and valuable consideration, the receipt, sufficiency x and adequacy of which hereby 'are acknowledged, the parties, for themselves, and for their • respective heirs, successors, grantees se o and assigns, agree with, confirm and acknowledge unto each other as m follows: c 1. Basement pe�ty Rolles hereby grants nato Hubbard a a -I permanent, perpetual eezcineive easement for a walkway and fence and exclusi use of the area contained within such easement located on the Rollen Property as depicted on the survey Exhibit •11" attached hereto age the Easement Property, subject to the terms and condition* set forth herein. 2. *a.intenanoe of Pence.. The fence presently located on the l itt testament Property shall be maintained in good, clean, attractive, m n well- repaired condition at the expense of Hubbard. 1► fence may be e maintained by Hubbard in its present location designed to maintain privacy, six foot in height and constructed of wood materials. Any change to the height, design or materials of the fence shall be ° approved in writing by both the owner of the Rolle. Property and the owner of the Hubbard property. 3. Roof Design.. In the event, the owner of the Roller Property constructs an addition or development on the Relies property, the roof thereof shall be designed and constructed such that rain, snowfall or ice buildup areinot directed onto the E0d 6E19 OZ6 OL6+ 01 18[9 9Z6 £O£ U6V3EfiH KOHi lid 9E :E0 96 -ii -90 n" q ''• 4 / 1 • Easement Property or meagures shall be taken to prevent rain, snowfall or ice from falling onto the Easement Property by the installation of a gutter drain, snow fence and heat tape on any such addition or redevelopment. 4. •Binding Effect. The .terms, conditions, provisions and acknowledgements of and contained within this Agreement shall be deemed to be covenanta:.that • rnn with the title to the Rollos Property and the Hubbard tropertY, and shall be deemed to benefit and burden each of such lots,aa wait as the owner(s) at soy time thereof, their respective heirs, grantees, successors and assigns. W s IN bsna$S w 2grsemsnt has been entered into as of o the day and year first m �. 1 j Ni . -el P. o. Hay $ m • "' :SUSAN V. S TBIIST e C l! 5c lien, russteee STATE OF Arra 1 45 �/ N COUNTY or 1 • „he f going insttm r was duly acknowledged before me this + ' )1 y 1 Ognee , 1995, by Suaan V. Bolles Trust by 13 N 11 " Trastae. o .. hand and official seal • ro . ! cf Ms on dot' B' I . ., a 0 7x ' c � anion empires' r - , ti. ` 'sus or cp onano ) ^i ) �`ir . b instrument wag acknowledged before me this L_ r , 1995, by Michael P. Hubbard and Ara Nay s .,. di � lrnc wsnmess my hand and official aee iN v ote - �1 . (f dommission espiresi kh i..r2=oil...h*2 adP 1 2 f 7.Od U.17 07.6 01,6+ 0,1• 141q G86 EU 08VEH11H K08d Ad GE:20 96 - - . • 4 . 1 • ; N 1 co t: i , i + / I . l tr .. 1 ,} F +. tan M+' uu Jldittlon lee + D1eCk ri bP tin A in a v >rASatlmtcar: t a' i i i •.401 . 6 ■ I .1 . • • If MIA" r. • `.. M p • 1 1;��i W r o•. fi';'�. W w • .r_fd • t 7`• 4 V • 2 a+[ 2T nm rr 47 F.... 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A foil -vzc &( zsD' t044 si r- Zl ,mil 5 /)-( i / Pieeir -.0 e, f{i'14n T ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees (Please Print Clearly) CITY OF ASPEN (hereinafter CITY) and CHARLES C(nNNIFFE A1/4P-CH ITEGTS (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for S Ir1PSnrl RESnDEMCf, HYrnI- 5r. t • L, G. SUHUt SIroPSor) (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996) establishes a fee structure for land use 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 involved 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 costs 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 greater 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 City Council to enable the Planning Commission and/or City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision. 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 $ which is for hours of Planning staff time, and if actual recorded costs exceed the initial deposit, APPLICANT 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. • CITY OF ASPEN APPLICANT Signature: Stan Clauson Date: ~^ S'- 7.7- Community Development Director Printed Name: £YRN H.SFPNE7 /CH.tat# c e MRN15re , 2Cif. City of Aspen Mailing Address: S c. NYHRhI Slw ?F 36/ ASFCM /6• tMiI AUG 28 '97 12:23PM WRGAR AND ASSCCIRTES P. FNT COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: 08/01/97 at 08:30 A.M. Case No. PCT12092 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Amount$ 710,000.00 Premium$ 882.00 Proposed Insured: Rate:RE -ISSUE SUNNI BETH SIMPSON (b) ALTA Loan Policy -Form 1992 Amount$ Premium$ Proposed Insured: Rate: 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: KLAUS F. OBERMEYER and HENRY OBERMEYER • 4. The land referred to in this Commitment is situated in the County of PITKIN, State of COLORADO and is described as follows: LOT 0, BLOCK 32, EAST ASPEN ADDITIONAL TOWNSITE ENTRY. ISSUING COMPANY: FIDELITY NATIONAL TITLE INSURANCE COMPANY By: 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 B are attached. AUTHORIZED AGENT