HomeMy WebLinkAboutLand Use Case.CU.910 Gibson Ave.A43-97 CASELOA.f- SUMMARY SHEET - CITY OF AS" 'NV
DATE RECEIVED: 6/4/97 CASE # A43 -97
DATE COMPLETE: STAFF:
ID # 2737 - 074 -90 -001 Kam -
PROJECT NAME: Loewenstein A.D.0 ( Garage /Apartment)
Project Address: 910 Gibson Ave, Aspen
APPLICANT: Carol Loewenstein
Address/Phone: 910 Gibson Ave, Aspen
OWNER: same
Address/Phone:
REPRESENTATIVE: George Draper
Address/Phone: 161 Light Hill Rd Snowmass, Co 81654
RESPONSIBLE PARTY: Applicant Other Name /Address:
FEES DUE FEES RECEIVED
PLANNING $450 PLANNING $450. # APPS RECEIVED 13
ENGINEER $110 ENGINEER $110. # PLATS RECEIVED
HOUSING $0 HOUSING $ GIS DISK RECEIVED:
ENV HEALTH $0 ENV HEALTH $
CLERK $ CLERK $ TYPE OF APPLICATION
TOTAL $560. TOTAL RCVD $560. Staff Approval
Review Body Meeting Date Public Hearing ?
P &Z 'a /S 11. es ❑No
CC ❑Yes ❑No
CC (2nd reading) ❑Yes ❑No
REFERRALS:
❑ City Attorney BY Aspen Fire Marshal ❑ CDOT
$f City Engineer (DRC) ❑ City Water %ACSD
'Zoning ❑ City Electric ❑ Holy Cross Electric
'Housing ❑ Clean Air Board ❑ Rocky Mtn Natural Gas
❑ Environmental Health ❑ Open Space Board ❑ Aspen School District
('Parks ❑ Other: ❑ Other:
DATE REFERRED: 6// / / INITIALS: 44F DATE DUE: 46 r
APPROVAL: Ordinance4esofut'i+ 97 d6 Date: 9 / C A
Staff Approval Date:
Plat Recorded: Book , Page
CLOSED /FILED DATE: 1 I INITIALS: �'�V
ROUTE TO:
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY
DWELLING UNIT AT THE LOEWENSTERN RESIDENCE LOCATED AT 910
GIBSON AVENUE (PARCEL B, SMUGGLER MOBILE HOME PARK),
CITY OF ASPEN
Resolution 97 - 147
WHEREAS, The Community Development Department received an application
from Mr. George Draper on behalf of Ms. Carol Loewenstein for a Conditional Use
Review for an above -grade Accessory Dwelling Unit that would be located above a new,
detached two -car garage and would contain approximately five- hundred seventy -six (576)
square feet of floor area; and
WHEREAS, Pursuant to Section 26.40.090 of the Aspen Municipal Code,
Accessory Dwelling Units may be approved by the Planning and Zoning Commission as
Conditional Uses in conformance with the requirements of said Section; and
WHEREAS, the Housing Office, City Engineering, Parks Department, Zoning
Officer and Community Development Department reviewed the proposal and
recommended approval with conditions; and
WHEREAS, during a public hearing at a regular meeting on July 15, 1997, the
Planning and Zoning Commission approved by a 6 -0 vote the Conditional Use for the
Loewenstern Accessory Dwelling Unit with the conditions recommended by the
Community Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the conditional use request for the proposed detached Accessory Dwelling Unit
above a two -car garage at 910 Gibson Avenue in the City of Aspen be approved with the
following conditions:
1. Prior to the issuance of any building permits the applicant shall:
a. Verify with the Housing Office that the allowable floor area of the Accessory Dwelling
Unit contains between 300 and 700 square feet;
b. Verify with the Housing Office that the ADU will contain a kitchen having a minimum
of a two -bumer stove with oven, standard sink, and a 6 -cubic foot refrigerator plus
freezer;
c. Provide the Housing Office with a signed and recorded Deed Restriction, a copy of
which must be obtained from the Housing Office;
d. Clearly identify the Accessory Dwelling Unit (ADU) on building permit plans as a
separate one - bedroom unit;
e. Provide a minimum of one off - street parking space for the ADU that shall be shown on
the final plans;
f. Install any new surface utilities requiring a pedestal or other above ground equipment on
an easement provided by the property owner and not within the public rights -of -way;
g. Locate any additional proposed construction in such a way that it does not encroach into
an existing utility easement or public right -of -way;
h. Agree to join any future improvement district(s) which may be formed for the purpose of
constructing improvements in adjacent public rights -of -way; the agreement shall be
executed and recorded concurrently upon approval of this application;
i. Submit working drawings to verify all height, setback, and floor area calculations
(including documentation of existing floor area), as well as lot size and lot area
calculations;
j. Provide written documentation verifying that permission to complete the off -site
reconfiguration of the driveway has been obtained from the adjacent/affected property
owner(s) to the west/southwest. or obtain an adequate easement;
k. The site development must meet the runoff design standards of the Land Use Code at
Section 26.88.040(C)(4)(f), and the building permit application must include a drainage
mitigation plan (full size - 24" x 36 ") and report, both signed and stamped by an
engineer registered in the State of Colorado;
1. In the event required, a tree removal permit must be obtained from the Parks Department
for any trees that are to be removed or relocated; also, no excavation can occur within
the dripline of the tree(s) to be preserved and no storage of fill material can occur within
this /these dripline(s); and,
m. A tap permit must be completed at the office of the Aspen Consolidated Sanitation
District; a separate service line and tap will be required for the accessory dwelling unit.
2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall:
a. Submit as -built drawings of the project showing property lines, building footprint,
easements, any encroachments, entry points for utilities entering the property boundaries
and any other improvements to the Aspen /Pitkin County Data Processing Department in
accordance with City GIS requirements, if and when, any exterior renovation or
remodeling of the property occurs that requires a building permit;
b. Permit Community Development Department, Engineering Department and Housing
Office staff to inspect the property to determine compliance with the conditions of
approval;
c. Install landscaping, rocks /boulders, or split rail fencing to prevent parking from
occurring in the Gibson Avenue right -of -way, and improve and maintain the right -of-
way along the property's frontage;
d. As established by City Code, the maximum permissible width of a driveway within the
right -of -way is eighteen (18) feet. The curb cut and curb and gutter must be
reconstructed to provide an eighteen (18) foot wide curb cut. Also, the City Code
requires that the driveway be paved from the street to the property line, and this will
have to be completed prior to the issuance of a certificate of occupancy for the accessory
dwelling unit; and,
e. Enter into a sidewalk agreement, which would include agreement to construct curb and
gutter, with the City of Aspen.
3. In the event required, the applicant must receive approval from:
• The City Engineer for design of improvements, including landscaping, within
public rights -of -way;
• The Parks Department for vegetation species, tree removal, and/or public trail
disturbances;
• The Streets Department for mailboxes and street cuts; and,
• The Community Development Department to obtain permits for any work or
development, including landscaping, within the public rights -of -way.
4. Prior to the issuance of any building permits, a review of any proposed changes from
the approvals, as set forth herein, shall be made by the Planning and Engineering
Departments.
5. The applicant shall provide a roof overhang or other sufficient means of preventing
snow from falling on both the stairway leading to the door and the area in front of the
door to the ADU.
6. All material representations made by the applicant in this application and during
public meetings with the Planning and Zoning Commission shall be adhered to and
shall be considered conditions of approval, unless otherwise amended by a
Board/Commission having authority to do so.
APPROVED by the Commission at its regular meeting on July 15, 1997.
APPROVED AS TO FORM:
(
avid Hoefer,
Assistant City Attorney
Attest: Planning and Zoning Commission:
NI i
ckie Lothian, Deputy City Clerk Jasmine Tygre, Acting Chairperson
PLANNING & ZON)G COMMISSION ..r JULY 15.1997
what the percentage of the activity was held in each department. Schickling
answered as a year round operation was 70 -30, but in the height of the summer it
was 50 -50.
Tyre asked that 't /County P &Z /GMC resume at this time 'nce there was a
quo b I . City P &Z r- .. nvened at 7:00 p.m.
Even thou. Mr. Sharp left a meeting, Blaich noted . is questions w- re
important and • eeded to be adu essed. He question' d the snowcat .t remaining
at Snowmass in t summer. Sch kling replied t at space was also a problem and
there was not a secu - d site at Snow .ss. Asp- Parks was th- anager for the
inter - governmental No • is System and r , .0 • ible for the e• . ipment. Schickling
stated that Bill Sharp has •een instrumenta the reshaping of design changes in
the building over the years. he said his ':ea as the dar colored roof.
Dave Johnston voiced a positive OR-'on based upo e strides made in the re-
design of the facility over the years
MOTION: Dave Johns in moved t i r&"ommend to ity Council
approval of the Final ' lanned Unit D : • lopment, Rez ' ing, and moved
to approve Conditi • al Use, Special/Rev!: , and waive ' : e "Residential
Design Standards for the Parks d Golf . intenance fa ity, 585
Cemetery Lane ith the conditi ns outlines in a Staff Mem I dated
July 15, 1997. • oger Hunt sec d. ALL IN FAV b ' , APPRO 16 -0.
/
MOTION: im Mooney m ed to recommend City Council establish
an "emp 'yee mitigation nk" for City projects requiring employee
housint mitigation. A IN FAVOR, APPROVED 6 -0. \
PUBLIC 1 ARING:
' 1 1 1 1•_► - _ - :\ 1 \I _ 1 ►• ItI 4, . 1
ADU (parcel ID# 2737 - 074 -90 -001)
David Hoefer reviewed the notice and said the commission had jurisdiction to
proceed. Mitch Haas, Staff, presented the applicant's request to construct a
detached garage with an ADU above on Parcel B of the Smuggler Mobile Home
Park. Haas explained the ADU was voluntary and deed restricted but the unit
would not be required to be rented or counted as a unit of density. Haas stated the
ADU would be similar in design and materials to the main house.
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PLANNING & ZONING COMMISSION JULY 15, 1997
Tim Mooney asked the ownership of the strip of land off of this property. Draper
said that driveway was existing but was unsure of the status of ownership or the
easement. David Hoefer noted condition #1j. addressed this issue but should be
made clear to the applicant for approval. Buettow asked if the applicant would be
willing to put in access from the street on their own property. Carol Lowenstein
answered yes, if it was necessary.
PUBLIC COMMENT:
Tom D'Arri, public, reiterated that no variance set backs were being asked for on
this application. He asked to see the fence on the drawing.
Rick Brebner, public, stated his house was directly behind the Lowenstein house
and the 2 story garage addition would obliterate his view. He asked that height
limits be kept in mind. Brebner said the closed street in question was the original
entrance to Smuggler Trailer Park (Neale Street). Ellen Craven, public, said that
no windows on that side would be great because that side faces their deck.
MOTION: Roger Hunt moved to approve the conditional use request
for the proposed detached Accessory Dwelling Unit at 910 Gibson
Avenue in the City of Aspen with conditions outlined in the Community
Development Memo dated July 15, 1997, also an adequate easement
must be attained. Tim Mooney second. APPROVED 6 -0.
PUBLIC HEARING:
POMEGRANATE REZONING, 39100 HWY. 82, ASPEN
David Hoefer stated the public notice was properly posted and the commission had
jurisdiction to proceed. Jasmine Tyge opened the public hearing.
Chris Bendon, staff, explained that the Pomegranate requested a zone change from
Park to Residential Multi - Family (RMF) to allow construction of attached garages.
Bendon stated in 1995 the applicant gained approval from Pitkin County for a
major plat amendment to acquire the property for the proposed garages and
approval of rezoning from AFR -2 to AR -2 to allow for the proposed 18 garages.
Maroon Creek Subdivision was developed, annexed into the City and rezoned from
AFR -2 to Park (P) zone which does not allow garages. The Condominiums are
zoned AR -2 in Pitkin County and the proposed location for the 18 garages is in
Aspen City Limits. Bendon noted staff recommended the City annex the entire
property but annexation cannot be forced.
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MEMORANDUM
TO: Aspen Planning and Zoning Commission /-
THROUGH: Stan Clauson, Community Develop t irector
Julie Ann Woods, Deputy Director
FROM: Mitch Haas, City Planner44
RE: Loewenstern Conditional Use Review for a Detached Accessory Dwelling
Unit (ADU) - Public Hearing. 910 Gibson Avenue (Legal: Parcel B,
Smuggler Mobile Home Park), City of Aspen Parcel I.D. No. 2737 -074-
90 -001.
DATE: July 15, 1997
SUMMARY: The applicant is requesting Conditional Use approval to construct a
detached garage with an Accessory Dwelling Unit (ADU) above. Although the proposed
unit would qualify for the floor area bonus associated with development of an ADU, the
applicant is not seeking any bonuses. The request is voluntary, and a GMQS exemption
is not being sought.
The applicant's Conditional Use Application is attached as Exhibit A, and referral
comments from the Aspen Consolidated Sanitation District (ACSD), the City Zoning
Officer, Engineering, Housing, and Parks are included as Exhibit B.
Community Development staff recommends that the Conditional Use review for the
detached garage with an Accessory Dwelling Unit (ADU) above, at 910 Gibson
Avenue (Parcel 2737 - 074 -90 -001), be approved with conditions.
APPLICANT: Carol Loewenstern, represented by George Draper.
LOCATION: Parcel B of the Smuggler Mobile Home Park is located in the City of
Aspen at 910 Gibson Avenue, which is on the north side of Gibson Avenue at its junction
with Neale Avenue. The lot is bounded by the Smuggler Mobile Home Park to the north
and single - family residences to the south, east and west. (See attached vicinity map).
ZONING: Moderate - Density Residential (R -15).
CURRENT LAND USE: Detached single - family residential
LOT SIZE: Based on the applicant's representation, the lot size is 15,507 square feet
(0.356 acres). However, a road easement is indicated on the improvement survey, and
1
any area of dedicated right -of -way or surface easement is excluded from total lot area for
the purpose of calculating the allowable amount of floor area. A Site Improvement
Survey indicating the lot size, topography, and the area of all right -of -way or surface
easements will be required before an accurate determination can be made on the
allowable floor area (before building permit issuance).
ALLOWABLE FAR: The allowable FAR would be 4,530 square feet (this FAR
calculation is a preliminary estimate only; it does not take into account slope reductions,
sub -grade areas, garage area calculations, right -of -way or surface easements, or any
potential FAR bonuses).
PROPOSED LAND USE: The lot contains an existing single - family residence. The
existing residence would remain as it currently exists. The proposal calls for augmenting
the residence by constructing a detached building that would contain a two -car garage
with an accessory dwelling unit above.
REVIEW PROCEDURE: Accessory, Dwelling Units (ADUs) require conditional use
approval by the Planning and Zoning Commission at a public hearing. It is a one -step
review that requires notification to be published, posted and mailed in accordance with
Section 26.52.060(E).
The following sections of the code are applicable to conditional use reviews of ADUs:
Section 26.40.090, Accessory Dwelling Units, Section 26.28.050, Moderate - Density
Residential (R -15); Section 26.60.040,'Standards Applicable to All Conditional Uses;
and, Section 26.58.040, Residential Design Standards.
The Code provides that (Section 26.58.020 (B)) "in order to proceed with additional land
use reviews or obtain a Development Order, staff shall find the submitted development
application consistent with the Residential Design Guidelines." This review has been
carried out and approved by staff.
BACKGROUND: The lot in question was created as part of the Smuggler Mobile
Home Park PUD. It was designated' as Parcel B. Smuggler Mobile Home Park, for
single - family residential use, and assigned the zoning of R -15, Moderate Density
Residential. The PUD approval did not place any conditions upon Parcel B, specifically.
The current proposal is for conditional use approval of a detached garage with an ADU
above. As required by the Code, the ADU would contain between 300 and 700 square
feet of floor area with private kitchen (two -burner stove with oven, standard sink, and a
six cubic foot refrigerator plus freezer), bathroom, and access. The two -car garage and
associated driveway, along with a gravel parking pad, will provide off - street parking
spaces. The applicant is not seeking an FAR bonus; therefore, the unit will not be
required to be rented out. The proposed ADU would be completely voluntary as the
applicant is not seeking an exemption from the requirements of the growth management
quota system.
2
REFERRAL COMMENTS: The comments from the Aspen Consolidated Sanitation
District, the City Zoning Officer, and the City Engineering, Housing and Parks
Departments are included as Exhibit B.
STAFF COMMENTS:
Section 26.40.090, Accessory Dwelling Units
The provisions of Sections 26.40.090(A)(1) and 26.40.090(E) require that all ADUs
contain between 300 and 700 square feet of net livable area. The proposed unit would
contain approximately 576 square feet of net livable area. The applicant is aware that the
unit is required to be deed restricted, meeting the housing authority's guidelines for
resident occupied units and shall be limited to rental periods of not less that six (6)
months in duration. The owner of the principal residence shall retain the right to place a
qualified employee(s) of his/her choosing in the ADU, and since the applicant is not
seeking an FAR bonus, the housing office will not retain the right to fill the unit if left
vacant. An off - street parking space would be provided to the side of the unit.
Section 26.40.090(A)(2) does not apply to the proposal as the unit would be detached.
Section 26.40.090(A)(3) is met because the proposal calls for placing the ADU above a
detached garage. Section 26.40.090(A)(4) does not apply to this proposal as alley access
is not available.
Section 26.40.090(B), Development review standards for a detached accessory dwelling
unit, requires that
The proposed development be compatible with and subordinate in
character to the primary residence located on the parcel as well as
development located within the neighborhood, and assuming year -round
occupancy, shall not create a density pattern inconsistent with the
established neighborhood.
The proposed ADU would be of similar design to the "Victorian" house (principal
residence) located on the lot. As the primary residence on the lot contains approximately
2,500 square feet of floor area, the 576 square foot footprint of the proposed structure
would be subordinate in character to the primary residence as well as to development
located in the neighborhood. ADUs are not counted as units of density, and the property
is bounded by a mobile home park on one side and single - family residences on the others;
thus, staff believes that the proposed land uses would be compatible with those of the
established neighborhood, as required by this section.
The proposed structure would comply with all dimensional requirements of the
underlying R -15 zone district, and no variances are requested.
3
Section 26.28.050, Moderate - Density Residential (R -15)
Accessory dwelling units are permitted within the R -15 zone district as conditional uses.
The proposed plans indicate that the development would meet all of the dimensional
requirements of the zone district. See the attached referral memo from Sara Thomas, City
Zoning Officer.
Section 26. Standards Applicable to All Conditional Uses
Pursuant to Section 26.60.040, a development application for a conditional use approval
shall meet the following standards:
(A) The conditional use is consistent with the purposes, goals, objectives
and standards of the Aspen Area Comprehensive Plan, and with the intent
of the zone district in which it is proposed to be located.
RESPONSE: The stated purpose of the R -15 zone district "is to provide areas for long-
term residential purposes with customary accessory uses." ADUs are allowed as
conditional uses in the R -15 zone district, ,and the proposal will be required to meet or
exceed all of the dimensional requirements associated with the zoning. Furthermore, one
of the stated themes of the AACP with regard. to "revitalizing the permanent community"
is to "increase resident housing." Also, the proposal is consistent with the following
purposes, goals, objectives and standards of the AACP:
• "Promote, market and implement Cottage Infill and Accessory Dwelling Unit
programs;"
• "Develop small scale resident housing which fits the character of the community and is
interspersed with free market housing throughout the Aspen Area and up valley of Aspen
Village;" and,
• "The public and private sectors together should develop . . . employee- occupied
accessory dwelling units, to achieve the identified unmet need to sustain a critical mass
of residents."
For further comment on standard (A), please seethe discussion of standard (E) below.
(B) The conditional use is consistent and compatible with the character of
the immediate vicinity of the parcel proposed for development and
surrounding land uses, or enhances the mixture of complimentary uses
and activities in the immediate vicinity of the parcel proposed for
development.
RESPONSE: The subject parcel is surrounded by the Smuggler Mobile Home Park and
single - family residential uses, and an ADU use is both consistent and compatible with the
existing residential development in the immediate vicinity.
4
•
• ..
(C) The location, size, design and operating characteristics of the
proposed conditional use minimizes adverse effects, including visual
impacts, impacts on pedestrian and vehicular circulation, parking, trash,
service delivery, noise, vibrations and odor on surrounding properties.
RESPONSE: The proposed building would be located on a large gravel area which is
visible from the street; a fence and an overhead power pole and line are the only sights
which would be obscured by the new construction. As described earlier, the size of the
structure would be subordinate to the principal residence, and the design would be
compatible with the main structure as well. Like every other residence that fronts on
Gibson Avenue, the ADU's parking and trash service will be accessed from the street.
No noise, vibration, or odor related impacts are anticipated. The proposed ADU will
operate like any other residence or ADU found in the neighborhood. The anticipated
impacts will be negligible.
(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.
RESPONSE: There are adequate public facilities and services to serve the proposed uses.
See Engineering and ACSD referral comments, attached as Exhibit B.
(E) The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the conditional
use.
RESPONSE: While the proposed development of an ADU will not generate an increase
in the employment base, the applicant will be supplying an ADU which, pursuant to
Section 26.40.090(A)(1) and (E), will be deed restricted, registered with the housing
office, and available for rental to an eligible working resident of Pitkin County for
periods of not less than six months in duration, thereby serving the need for increased
affordable housing in the City of Aspen.
(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.
RESPONSE: The proposed conditional uses will comply with all additional standards
imposed on it by the AACP and by all other applicable requirements of the Municipal
Code, such as those contained in Section 26.58.040, Residential Design Standards.
STAFF FINDINGS: Based upon review of the applicant's land use application and the
referral comments, Community Development staff finds that there is sufficient
information to support approval of the request, with conditions.
5
RECOMMENDATION: Community Development staff recommends that the
conditional use request for the proposed Accessory Dwelling Unit at 910 Gibson Avenue
in the City of Aspen be approved with the following conditions:
1. Prior to the issuance of any building permits the applicant shall:
a. Verify with the Housing Office that the allowable floor area of the Accessory Dwelling
Unit contains between 300 and 700 square feet;
b. Verify with the Housing Office 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;
c. Provide the Housing Office with a signed and recorded Deed Restriction, a copy of
which must be obtained from the Housing Office;
d. Clearly identify the Accessory Dwelling Unit (ADU) on building permit plans as a
separate one - bedroom unit;
e. Provide a minimum of one off - street parking space for the ADU that shall be shown on
the final plans;
f. Install any new surface utilities requiring a pedestal or other above ground equipment on
an easement provided by the property owner and not within the public rights -of -way;
g. Locate any additional proposed construction in such a way that it does not encroach into
an existing utility easement or public right -of -way;
h. Agree to join any future improvement district(s) which may be formed for the purpose of
constructing improvements in adjacent public rights -of -way; the agreement shall be
executed and recorded concurrently upon approval of this application;
i. Submit working drawings to verify all height, setback, and floor area calculations
(including documentation of existing floor area), as well as lot size and lot area
calculations;
j. Provide written documentation verifying that permission to complete the off -site
reconfiguration the driveway has been obtained from the adjacent/affected property
owner(s) to the west/southwest;
k. The site development must meet the runoff design standards of the Land Use Code at
Section 26.88.040(C)(4)(f), and the building permit application must include a drainage
mitigation plan (full size - 24" x 36 ") and report, both signed and stamped by an
engineer registered in the State of Colorado;
1. In the event required, a tree removal permit must be obtained from the Parks Department
for any trees that are to be removed or relocated; also, no excavation can occur within
the dripline of the tree(s) to be preserved and no storage of fill material can occur within
this /these dripline(s); and,
m. A tap permit must be completed at the office of the Aspen Consolidated Sanitation
District; a separate service line and tap will be required for the accessory dwelling unit.
2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall:
a. Submit as -built drawings of the project showing property lines, building footprint,
easements, any encroachments, entry points for utilities entering the property boundaries
and any other improvements to the Aspen/Pitkin County Data Processing Department in
6
accordance with City GIS requirements, if and when, any exterior renovation or
remodeling of the property occurs that requires a building permit;
b. Permit Community Development Department, Engineering Department and Housing
Office staff to inspect the property to determine compliance with the conditions of
approval;
c. Install landscaping, rocks /boulders, or split rail fencing to prevent parking from
occurring in the Gibson Avenue right -of -way, and improve and maintain the right -of-
way along the property's frontage;
d. As established by City Code, the maximum permissible width of a driveway within the
right -of -way is eighteen (18) feet. The curb cut and curb and gutter must be
reconstructed to provide an eighteen (18) foot wide curb cut. Also, the City Code
requires that the driveway be paved from the street to the property line, and this will
have to be completed prior to the issuance of a certificate of occupancy for the accessory
dwelling unit; and,
e. Enter into a sidewalk agreement, which would include agreement to construct curb and
gutter, with the City of Aspen.
3. In the event required, the applicant must receive approval from:
• The City Engineer for design of improvements, including landscaping, within
public rights -of -way;
• The Parks Department for vegetation species, tree removal, and /or public trail
disturbances;
• The Streets Department for mailboxes and street cuts; and,
• The Community Development Department to obtain permits for any work or
development, including landscaping, within the public rights -of -way.
4. Prior to the issuance of any building permits, a review of any proposed changes from
the approvals, as set forth herein, shall be made by the Planning and Engineering
Departments.
5. The applicant shall provide a roof overhang or other sufficient means of preventing
snow from falling on both the stairway leading to the door and the area in front of the
door to the ADU.
6. All material representations made by the applicant in this application and during
public meetings with the Planning and Zoning Commission shall be adhered to and
shall be considered conditions of approval, unless otherwise amended by a
Board/Commission having authority to do so.
RECOMMENDED MOTION: "I move to approve the conditional use request for the
proposed detached Accessory Dwelling Unit at 910 Gibson Avenue in the City of Aspen
with the conditions outlined in the Community Development Department memo dated
July 16, 1997."
EXHIBITS: "A" - Conditional Use Application
"B" Referral Comments
7
ATTACHMENT 1 Intl) 175E APP ICATr[N egg
I CvihQrr ° T
d i I) Project Name 1-- t72wevco +ein ALu (G-ara9e [ &pa, rplen+)
2) Project location ° HO 6-son a/C u e AS n C . aka
Parce.1 8 Smu jler (vlobile acme Palk �}sp Co .
(indicate sit , lot & block amber, legal des=iptiam where
�Frt"t'r'ttat ate) D
3) Pm R
Present 15A 4) Iat Size
5) Applicant's Name, Address & BYOB # C Q(o t LO e.LJ 2,ne+e -j r
91n ( son f}uevRAe, hseevi Cc) (9�0) 9,2.5 - (9 19
6) Representative's Name, Address & lie # . G e, bracer
161 ��Lr U-;II Rd, Siowrrnass Co geni_ (to) °g - -4-o6a
7 ) Type of Application (please aeck.ail that apply)
Caditianl Use Careptual SE _ Conceptn1 Historic c_ rev.
- Special Review ___ Final SPA _ Final Histr.ric Derv.
8040 Gremlins _ Conceptual PCfD . _ Minor Historic Dev.
_ Sty Margin _ Final POD _ Historic Dan1 itiai
- Mountain View Plane division - Histadc Designation
- Czadi=daillaization _ Tentaec J-' Amlecarat Qq.$ Allotment
- lot Splitilot Line - _ GCS Exertion
Adjustment
= 8) Description of Fri_ Uses (nom and type of existing st oactures;
approximate sq. ft.; umber of bed:tCan"; any pre approvals s granted to the
Ea'y)-
S 'Farnli-7 (ome wi [ dioom� ar a1 bums
O a pproxrvo sq. +.
•� I
9) Desc=iptirn of Development Application
Cons-iuc of a oke +ached a ceir gCare.oc witC■ ArDu abouc-
10) Have you attached the following?
✓ Respase to Attachment 2, Mini= ton t on Ca taxtS
✓ Ruse to Attachment 3, Specific' ot}+ni "m4 ni Contents
Response to Attachment 4, Review Standards for Yas A 1; i rr .
FROM : -. PHONE NO. : 9709274062 T 17 1997 02:57PM P2
fr
Proposed ADU, 910 Gibson Avenue, Aspen Colorado.
The proposed ADU which is part of a planned detached garage with apartment above falls
within the guhdelmes of the Aspen Area Com ehens!ve Plan and satisfies all zoning
requirements.
The area around the property is a mixture of single family homes and Smuggier'Acbile
Home Park; densely populated but definitely with a rural feel. The streets are not laid out in
a grid pattern and the pleasant yet "jumbled" nature of the neighborhood can readily
absorb the addition of another building :chile adding to the character and life of the vicinity
in the form of housing fort o> 2 year round residents.
The proposed building is to be located on a large gravel area which Is visible from the
street; a fence and power pole are the only sights which. ,NW,`W be obscured by new
construction. Other impacts-4'3i be minimal as far as impa cts on traffic, pedestrian or
otherwise. trash pickup or noise.
There are adequate public facilities and services available as provided by the city of
Aspen.
The proposed AOtJ is less than 700 sqft in area and will be rented out on a long term basis,
i.a„ not less than 6 months. A parkins space wit! be available off the Street to the side of
the unit. The proposed A.DU is sized according to the dimensional requirements of i•s
zoning district - R1 5A. There is no aiiey access.
The proposed ADU will be of sit /War design to the "Vkctorlan" house located on the
property and wiii not ee out, of character with the aforemehtaned malt-faceted nature of
the neighborhood_
Ali minimum setbacks will be observed as Said out in the site plan provided .
The primary residerce located on this parciel is of 2500 sqft in size which is substantially
less than the FAR ail owe,
The owner/applicant understands that this unit, if approved, will need be deed resticted,
registered with the housing office and available for rental to an eligible working resident of
Pitkin County.
Sign - aiellille..''._ ... i nst...-
George Oraner, Owner's Representative.
f
Re. 313 Gicsolei icier `a. .-isr i.
The appiydatdn ° a _ ..gin ___ _ _ .. -. 5CC .. _ . ct
nrc2cskd deve!cB r rt at tb s all'd "ess
A 2 car detached ca' ge is , _-.1 =d ':•r:. a _ sa° artn_nt abcve
At cr tt' re r + .e family c_ ;e tlp. , . : the ,,..,. ,en..ne !s a ,e�acna_ + s r, family _.. = s:;e
The garage can ce paced `:di; I n aii 2eie se e a and a cost, cif :re_
street am.: % pr0DC' ion tr,e cot. i.'�_, __ _�, ..uC; e: 's _ii er T,T.
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•
MEMORANDUM
To: Mitch Haas, Planner
Thru: Nick Adeh, City Engi
From: Chuck Roth, Project nE gineer eif&
Date: June 30, 1997
Re: Lowenstern Conditional Use Review for an ADU
(Parcel ID No. 2737 - 074 -90 -001)
I have reviewed the above referenced application and have made a site visit, and I have the
following comments:
1. Parkin,' - The City has received complaints from a neighbor about private parking on an unusual
shape of public right -of -way in front of the applicant's property. A previous assistant city manager
promised the resident that boulders would be placed to prevent the use of the area for parking, but
that has not happened. This may be more of a neighborhood character issue than an engineering
issue due to the unusual configuration of the public right -of -way at this location. If you or the P &
Z determines to alter that use, the applicant should be required to install landscaping or rocks or
split rail fence to prevent further parking use. The right -of -way in general in front of the applicant's
property in the area of the driveway is weed -grown and un- maintained. Perhaps it should be a
condition of approval that the area be improved.
2. Driveway - The maximum permissible width of a driveway within the right -of -way is 18' as
established in the City Code. The site plan driveway measures with a scale to be a little too wide.
The curb cut is 30 feet wide. The curb cut and curb and gutter must be reconstructed to provide an
18 foot wide curb cut. Also, City Code requires that the driveway be paved from the street to the
property line.
3. Sidewalk, Curb and Gutter - This site is located within the Smuggler Area, which is currently
in the planning process for pedestrian safety and transportation improvements. It is not anticipated
at this time that sidewalk will be planned at this location. Therefore the City will only require a
sidewalk agreement prior to issuance of a certificate of occupancy as provided for in the City Code.
Note that there is an existing berm in the public right -of -way which would not be permitted.
The applicant would also be responsible for removing or modifying the berm to maintain a
relatively flat walkway corridor.
1
Any sections of curb and gutter in disrepair must be replaced. Most of the property is not
fronted with curb and gutter. So the sidewalk agreement will include agreement to construct curb
and gutter.
4. Trash & Utilities - All utility meters and any new utility pedestals or transformers must be
installed on the applicant's property and not in the public right -of -way. For pedestals, easements
must be provided. The building permit drawings must indicate all utility meter locations. Meter
locations must be accessible for reading and may not be obstructed by trash storage.
5. Site Drainage - The site development must meet the requirement of runoff design standards of
the Land Use Code at Sec. 26.88.040.C.4.f, and the building permit application must include a
drainage mitigation plan (full size - 24 "x36 ") and a report, both signed and stamped by an engineer
registered in the State of Colorado, submitted as part of the building and site plan.
6. Street Cuts - The site is located in an area that was paved only a few years ago. Insofar as
possible, the integrity of the street paving must be preserved. The applicant should be required to
perform utility hook -ups in the older pavement near their residence if practicable.
7. Asnen/Pitkin Cou nty Housing Au - The proposed accessory dwelling unit design is
favored by the Housing Authority because it is planned to be located above grade, above the
garage.
8. Parks artment - A tree removal permit must be obtained for any trees that are planned to be
removed or relocated.
9. Fire Marshal - The regulations of the Fire District must be followed. The access is acceptable.
Since the floor area is less than 5,000 square feet, a sprinkler system will not be required.
10. Aspen Consolidated Sanitation District- The applicant must comply with all Sanitation
District requirements. A separate service line must be provided for the accessory dwelling unit.
11. Work in the Eublie Right- of -wav - Given the continuous problems of unapproved work and
development in public rights -of -way adjacent to private property, we advise the applicant as
follows:
The applicant must receive approval from city engineering (920 -5080) for design of
improvements, including landscaping, within public rights -of -way, parks department (920 -5120)
for vegetation species and for public trail disturbance, and 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.
M97.105
2
aspen lC sof dakcic_Santialion Drsfz'rt'�f
565 North Mill Street
Aspen, Colorado 81611
Tele. (970) 925 -3601 FAX #(970) 925 -2537
Sy Kelly • Chairman RECEIVED Michael Kelly
Paul Smith • Treas. Frank Loushin
Louis Popish Secy. Bruce Matherly, Mgr.
June 17, 1997 JUN 1 8 1997
ASPEN / PITKIN
Mitch Haas COMMUNITY DEVELOPMENT
Community Development
130 S. Galena
Aspen, CO 81611
•
•
Re: Loewenstern ADU
Dear Mitch:
The Aspen Consolidated Sanitation District currently has sufficient collection and treatment
capacity to serve this project. Service is contingent upon compliance with the District's rules,
regulations, and specifications which are on file at the District office.
A separate service line and tap is required for the proposed ADU. A tap permit must be
completed at our office prior to the issuance of a building permit. Fees can be estimated when the
tap permit is completed. Once the fees are paid the tap can be scheduled when needed.
Please call if you have any questions. •
Sincerely,
k c
Bruce Matherly (�
District Manager
EPA Awards of Excellence
1976 19861990
Regional and National
JUN 18 '97 02:22PM ASPEN HOUSING OFC P.1
MEMORANDUM
TO: Mitch Haas, Community Development Dept.
FROM Cindy Christensen, Housing Office
DATE: June 18, 1997
RE: Loewenstein Conditional Use for an Accessory Dwelling Unit
Parcel ID No. 2731-074-90-001
REQUEST: The applicant is requesting approval for a 578 aquae foot accessory dwelling unit to
be located above a detached garage.
BACKGROMND: According to Section 28.40.090, Accessory Dwelling Urrita, 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.
gawk 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 utilized by the individuals in
the principal residence; i.e., a mechanical room for the principal residence. Also, is the
unit just an "additional bedroom" to the prmcipel residence.
2. The kitchen includes a minimum of a two- burner stove with oven, standard sink, and a 8-
cubic foot refrigerator plus freezer.
3. The unit has natural fight into the unit; i.e., windows, sliding glass door, etc.
4. Should the unit be used to obtain an FAR bonus, the unit MUST be rented to a quaffed
employee.
RECOMMENDATION: Staff recommends approval of this unit as long as the following conditions
are met:
1. The kitchen Is as stated above.
2, An accessory dwelling unit deed restriction must be recorded prior to buikdng permit
approval (this form is provided by the Housing Office). Should the unit be utilized to obtain
an FAR bonus, the deed restriction will include the provision that the unit MUST be rented
to a qualified employee.
3. Inspection of the unit by the Housing Office prior to Certificate of Occupancy.
Vmarcr4aategoradu
MEMORANDUM
TO: Mitch Haas, Planner
FROM: Sara Thomas, City Zoning
RE: Lowenstern Conditional Use Review for an ADU
910 Gibson Avenue, Aspen, CO
DATE: June 27, 1997
910 Gibson Avenue is located in the R -15 zone district, which has the following
dimensional requirements:
Front Yard - 25 feet for residential dwellings and 30 feet for accessory buildings
Side Yard - 10 feet
Rear Yard - 10 feet for residential dwellings and 5 feet for accessory buildings
Height - 25 feet
Minimum distance between buildings on the lot - 10 feet
The proposed drawings indicate that the garage /ADU addition complies with the setback
and height requirements.
FAR - Based on the applicants representation, the lot size is .356 acres or 15,507 square
feet. However, a road easement is indicated on the improvement survey and any area of
dedicated right -of -way or surface easement is excluded from total lot area for the purpose
of calculating floor area. A Site Improvement Survey indicating the lot size, topography
and the area of all right -of -way or surface easements will be required before an accurate
calculation can be made on the allowable floor area for this parcel.
All height, setback, and floor area calculations (including documentation of the existing
floor area) will be verified when working drawings are submitted to the Building
Department for building permit review.
June 25, 1997
•
George Draper •
161 Light Hill Road ASPEN • PITKIN
Snowmass, CO 81654 COMMCSRY DEVELOPMENT DEPARTMENT,
RE: LoewensterftADU, "Notification of Approval"
Dear George,
•
The Community Development Department has reviewed your application for
compliance with the "Residential Design Standards," pursuant to Section
26.58.040 of the Municipal Code. Staff has determined that the proposal is in
compliance with said standards.
It should be noted that further review of the proposed accessory dwelling unit
and associated residence will ensue, and changes to the proposed plans may be
required. Furthermore, any variations from the 'approved plans will require re-
review. Approval under the "Residential Design Standards" does not guarantee
floor area allocations or approval of other dimensional requirements; rather, it
• allows the project to proceed through the remaining review processes.
Your cooperation in providing the required materials for this and subsequent
reviews is greatly appreciated. If you should have any questions, or if I can be of
help" in any other way, please do not hesitate to contact me at 920 -5095.
Sincerely,
itchell Haas
ity Planner
•
130 SOLTH GALENA STREET ASPEN, COLORADO 81611-1975 PHONE 970.920.5090 FAX 970.920.5439
Primed un Reryded Paper
ATSlC' 1
r '0 USE AP P
1) Project Name I— aewevhskeen AJ u (&an tj &pa evlk3
2) Project location C tI'o Gi6Son Quenue Asper Co .akca •
Pacce l 8 Sfnu ,jler 0/ haunt dark , 4sP Co .
(indicate street , lot & block amber, legal description where
el:ProPtiate) p
3) Present, Zoning k - (5A 4) bat Size
5) Applicant's Name, Address & Ran # C aro 1 Lotwetcrie -410
910 tnk2Son' Autvi(t.e (-}stoeti Co (c j ) 9a5 H t
6) Representative's Name, Address & lban # G CLV e, (rapt ✓
161 u3H (-1-; Rod S1lowrvkass co 516517 ( tie) ° l ad - - 4 - O6a
7) Type of Application (please ch�e k..all that apply): Conceptual ,,�
�! Q= 7
diticnal Use SPA _ Conce t al Historic j ay.
- Special Review __ Final SPA _ Final Historic Der.
8040 Greenl ine QrmOaa1 710 _ Minor Historic Der.
_ Stream Margin __ Final IUD _ Historic Dentition
- Maintain View Plane Subdivision Historic_ resignation
Candaniniumization Text/Map inardment _ GCS Allotment
- Let Sp1i Prot Line _ _ GCS 7tin
Adjustment
= 8) Description of Hosting Uses (amber and type of existing structures;
approximate sq. ft.; number of bedrooms; any patens approvals granted to the
ptcLe'ty)
Sing. �am j I-tom.c- v4 4- bed/00ms o✓ld 3 bo ns
o+ aPFroxlJna , son sq.
9) Description of Development Application
Cons -Fvuc{ - ion of a 0k-facie 2 car ga✓e, wick ADcA about
10) Have you attached the following? •
✓ Respne to Attanast 2, Minima Submi eirr its
✓ Reams to Attachment 3, Specific Su missirr arta=ts
• ✓ Response to Attachment 4, Revise Standards for your Application.
•
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OCT 2S i9, 4 •
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clrnn general taxes for 1984 and thereafter, payabla _n 1985 aryl thereafscr; and . .
ii: ' SUBJECT TO right CR reserved it United States Patent:recorded in Book 55 at Page `4.
1l 16; right of way as reserved in United States Patent roccrded in 6oek,1P.5 at' ' '
:1 Pagc 69; rcaervatians, restrictions, exceptions and rights of way as, sec Earth in
�'.} , United Settee Rine Lode end Placer Plats recorded in Beek 136 at,Pa8S 6 <i, 'in g''
tO • Book 136 et Page 149, in Book 39 at Page 123 and in,Book.(tentinued on rovorea) 6M
rn4 me ihnl KIIIMin0j prenr.o hi tre WWI an Itemilhlerm Ow Frnn.veri, her Wei mut vroarr.asnmq ell and ovry preen o'
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5' CUL012:U10 tl r,�yntrl 6,..„, Octobre :I 84 hr it
"j A5PCN MOUfi IAIN PARK, n Colorado general parenersFip, by Alexander E. Lip4'n, */
A'y clnreni.Jrm c-.000.•.5/1:/y1,96 ( :1 �� Ivvnu. �J r /'1 1. • h �,.. .._ .._L... •�
. v ay hied are nflsist will / / I� '
'lie Dow, in.en "City., r. i' •
{� its mm�agins partner, by RORI•"f W. RUCHUS, hie ettarnoy -in -too( . • I .
r:•'„t \e. 0,l :. kw. I.IH. ',auL "ry rim 0,1nnwmAr'n...Morel MnlnrdlWI W Mb aw.1 -AS.., en inni ..•Ii 11 :31,n0p ;
FEE.11.159 12 ;4 PM STEWA T TIT_E ASPEN '0.569 P.1
•
• STEWART TITLE OF ASPEN, INC.
620 EAST HOPKINS AVE.
•
ASPEN, CO 81611
PHONE: (970) 925 -3577
FAX: (970) 925 -1384
TO: Ce. (ai �Qe1�/2�1 I vJ & &FORGE ZPfA9 -&P\
FAX NO.:
FROM:
DATE: TIME SENT:
RE:
PLEASE CALL IF YOU DO NOT RECEIVE ALL L PAGES.
MESSAGE: � Copy of boa t &
+ f H ? O1 4Cy ( C ove, rT W i 4 I
I
HOW DOES YOUR TITLE COMPANY RATE??
DEMOTECH, INC. has been commissioned by FANNIE MAE to establish guidelines and rate Financial
Stability for the Title Insurance Industry.
DEMOTECH rates STEWART TTTLE as the ONLY title company in the United States to receive the
highest possible rating three years in a row; I"
A DOUBLE PRIME (A') CHECK IT OUT!
_
FEE .11.199'E.1244RhL. „ :T PT -6JAPT TIT'_E 95PEN n •0 F.
1 aU1U . 2 k 3 4 5 fJ 6 17 • 9 903 .,.,....„'9 ,.-073.50
L'A7.74A RCISS111RAn LIneILITY AT PA CAT 'TIP ESCROWObAPOC ABSTRACT CFARC SW PA WORK CHARGE
$ 10 11 12 13
FIRST SPECIAL CHARGE , . CREDITI SECOND SPECIAL CHARGE (CREDIT) THIRD SPECIAL CHARGE (CRED'.T)
TYPE AMWNT TYPE AMOUNT TYPE AMOUNT
14 15 16 17 18 19 1 2 ` 0
TA
ALTA OWNER' a RO LICti— AmmcW!0 /17/70 I n, 3
RHldm
SCHEDULE A
Order No.: 12656c2 PolicyNo.: 0 6411801
Date of Policy: October 23, 1984 At 10101 at. Amount of Insurance: S 257,500.On
1. Name of Insured:
Carol Loe:weostcrn
2. The estate or interest in the land described herein and which is covered by this policy IS!
Pea Simple
3. The estate or Interest referred to herein Is at Date of Policy vested in:
Carol Loevenat
4. The land referred to in this policy is described as follows:
PARCEL S, SMUGGLER MOBILE HOME PARK, aceurdi to the Hap and
Final Subdivision ?let of SMUGGLER NOOTLE HO ML ARK, recorded
April $ 1E82 in Plat Rook 13 at 25.
County of Pitkin, State of Colors Ck
SS \-)
St f i fn rn J' Oac. J€ /
/U 0 :
4 7/0 ®Sd ✓l
FEE. 11.129T 12:44AM STEWART TIT _E PSPEN No. 559 P.=
ALTA OWNVP'9 POLICY—modified Wife
• ORDr?R NC.: 126"" '2
SCHEDULE B
Policy No.: 0 648801
This policy does not Insure against loss or damage by reason of the following:
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
1 I correct survey and inspectibn of the premises would disclose and which are not shown by the
public records.
4. Any lien, or right to a lien, for services, or material heretofore or hereafter furnished, imposed
by law and not shown by the public records
5. Any and all unpaid taxes and assessments and any unredeemed
tax sales.
6. The effect of inclusions in any general or specific mater
conservancy, fire rrotection, soil conservation or other
district or inclusion in any water service or street
improvement area.
7. Riltht of the nroprieter of a vein or lo e to extract and remove
his ore therefrom, should the same he fie d to penetrate or
intersect the premises hereby granted, se eeervcd in United
Stets', Patent recorded Decem 2, 1902 in oak 55 at Page 16.
B. Right of way for ditches or c is constructed by the authority
of the United Ste .S, as reser* d in United States Patent
,recorded August 2 1958 in Boo 165 at Page 69 ar Reception
No. 106874.
9. Roamers t ono, restri :one, exceptions and rights of way as set
forth i United State Mine Lode and Placer Plats including but
not limk ed to [hone, recorded October 26, 1895 in Book 136 at
'Page 49, g ober 10, 1897 in Book 136 at Page 149, July 17,
" 1893 in Bo 39 at Page 123 and December 14, 1900 in Book 39 at
. Page I36.
10. Right of way for water pipes, end rCins and for electric
• transmission pole line as granted to James A. Devereaux. by
,instrument recorded January 20, 1887 in Book 29 at Pape 582, a;
it effects subject property.
11. Right of may for construction and maintenance of pipes, mains,
ditches, flumes, dams and reservoirs as granted to David R. C.
Brown by instrument recorded 'March 18, 1885 in Book 24 at Page
59.
12. Terms, conditions, and effect of right of vay easement betweem
Jesse Naddelor.e, George Strong and Nelson Smith, Jr. and
Prances Zupacis, Algot Erickson and John Hannon, recorded July
31, 196A in Book 206 at Page 354 relating to water pipelines.
13. Terms, conditions end effects of resolution of County
STEWART TITLE
Page OVARANTY OOMPAev
7610
ACENVS FILE COPY
FEE.11.1997 12:4EAM STEWAtT TIT_E ASPEN . \0.669.; P.6
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Ih)Y /0.p `" ' .
c 4 !4
39 ar Ynge 33e: right ei -wei .is }t::ncad by inotrumnne recorded in 2eek'.29 a.. Pane., — -
382, right of wag at ]ranted by amrrument reoardeir in gook 24 at P409; teamm,'i` ° ,
oondirionn, and affect n1 ,'1 t'of may, emeemenr rederded' i 'gook:208,at Pag054;" \'•
terms, conditions and o ffc:ts of reanloOloa recorded in.SOok 290 nt :Page 28; oema— ' r ; ' •
.'mantra and rigiite.or a;,, 14. shown � en the Pinar. Subdivisio ' Pla e . of " Smugg.ler. Mobile "!.':
•
Hone Park recorded in ['Lae Hook 13 ❑t'Page 25; rerma, conditions; oblfgr.tioni;. and' .'� "'.•
provisions or indenture ar mat forth in instrument eeorded in:-Book 417 at Pegs ,,;
794; tame. conditions, ohlipations, knd � Pteeise Plan "¢p dSuitliigiaxon • a;1 e
Agrecmact for Smuggler Mobile' Homo Psrli.recorded in "8001 424.dt.Page )10, any '`,-- '
'Amendment tbereto roeerded• in 439 at Page 2L3,'. eenditione.r'obgigdr'uhs' tp r't
sad provisions' of Mutual nensment Agreement ecorded in !ook,.4226 ¢ '&age 455 te,'me '� ,±
' conditions and obligations of Lle4nse Agree/teat recdrdad in'look 426 dt Page 4 ; `
restrictions, repardlnp perimeter fines:,haight recorded in.8o;k� 441 et' Page 766: . , ry
all teforerce' bear, to the -real �''
:
8 t propexty vocvrda of`Pirhin. 0nunty, Colorado
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FEE .1.1.159' i2 :45PM STEWART TIT_E ;SPEN
NO. 669 P.4
•
ORDER NO.: 12656c2
Attached to and made a part of Stewart Title Guaranty Company Pol No. 0 648801
Continuation of Schedule
Commissioners recorded August 12, 1974 in 'Book 290 at Page 28.
14. Easements and rights of ways as shown on the Final Subdivision
- Plat of Smuggler Mobile Home Part recorded April 8, 1982 in
Plat Boot 13 at Page 25.
15. Terma, eonditions, obligations and provisions of indenture as
.set forth in instrument recorded November 12, 1981 in Book 417
•at 794 as Reception No. 237336.
16. Terms, conditions, obligations and provisions of Precise Plan
and Subdivision Agreement for Smuggler Mobile Home Park as set
forth in instrument recorded April 8, 1982 in ook 424 at Page
780 .as Reception No. 24049$, and Amendment to recise Plea and
Subdivision Agreement for Smuggler Ile R • Park Subdivision
recorded January 20, 1983 in Book t Page 13 as Reception
No. 247331.
17. Terms, condition obiig titans" .d p *visions of Mutual
Easement Agree at as se forth in i•strument recorded May 13„
1983 Book 26 at Page 5 Reception No. 241260.
18. Terms, coedit os a obligations of LICENSE AGREEMENT as set
forth in Instru recorded May 13, 1982 in Book 426 at Page
461 as Reception No. 241261.
19. Restrictions, regarding perimeter fence height, as set forth in
DECLARATION OF RESTRICTIVE COVENANT recorded Marcb 11, 1983 in
Book 441 at Page 766 as Reception No. 248592.
20. A Deed of Trust dated October 22, 1984, executed by Carol
Loevenstern, to the Public Trustee of Pithier County, to secure
• ,an indebtedness of $157,500.00, in favor of Aspen Mountain
Park, recorded October 23, 1984 in Book 475 at Page 475 as
Reception No. 263439
NOTE: The beneficial interest under said Deed of Trust was
assigned of record to Walter E. Heiler & Company by Aspen
Mountain Park recorded October 23, 1984 in Book 475 at Page 477
as Reception No. 263440.
Page
=mar STEWART TITLE
160M RSA) G OARANTT COMPANY
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ASPEN/PITION
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920 -5090 FAX (970) 920 -5439
MEMORANDUM
TO: City Engineer
Housing Director
Zoning
Aspen Consolidated Sanitation District
Aspen Fire Protection District
Parks
FROM: Mitch Haas, Planner
RE: Loewenstern Conditional Use Review for an ADU
Parcel ID No. 2737 - 074 -90 -001
DATE: June 11, 1997
Attached for your review and comments is an application submitted by Carol Loewenstem.
Please return your comments to me no later than June 27, 1997.
Thank you.
4
CITY OF ASPEN
COMMUNITY DEVELOPMENT DEPT.
130 S. Galena St. Aspen, CO 81611 -1975 ( 970) 920 -5090
AGENCY REFERRA FO RM
The City of Aspen Community Devmcd e qut Y
comments ate an important part o evaluation, your written comments are due back to as this o highligh ed on
Parcel it7 `. 27 t.4.4.7440-i11I1 . OTE
Cass N '''L.'<.:: r App APPLICANTS licants or their represe N ntatives it are
IOate '1T 17 encouraged toattend the DRC meeting to •
t tearittg $ h* determined discuss the project. Th DRC . M has
IDRC Mee Date: .tut 4S 1997E been scheduled fo We dnesday, June 1 ,
•
Etrgi ' 'II ,le t +fanner ,Junee 2Z:1� . 199 a 1 Q; 3Q a n t i the Sister Cities Room of
Cfi'ter.Re e tgi rttg J :7897 City Halt.
Planner: Mitch Haas Phone No. 920 -5095 Fax No. (970)920 -5439
Applicant: Carol Loewenstern Phone No. 925 -1919 Fax No.
Representative: George Draper Phone No. 927 -4062 Fax No.
Location of Property: 910 Gibson Ave. (Parcel 9, Smuggler Mobile Home Park)
Summary of Request: Conditional Use Review for an ADU (detached Garage with apartment above)
Residential Units: 1 SF MF Affordable ADU: yes
Acreage /Square Feet: FAR Ratio Allowed: FAR Proposed:
Zoning: Existing: R -15A Proposed R -15A
Gro
REQUESTS TO nt B . S. PROCESSED
Spe
Amendments w Manageme Q Site Plan Review
Text Exemption Special Review
Map Residenlial/TounstAccom. Spec Planned Area (SPA)
Administrative Review
Historic Reviews
offce/commercial Subd iv ision evi Plat
Insubstantial Lot Line Adjustment
Appeals Exemptions Lot Split
Chan a in Use Minor Condominiumization
'i, t n 5 Conceptual Timeshare
AtWl7 3 wY, Final Final Plat
Other' Landmark Temporary Use
Environ. Sensitive Area Landmark Lot Split Variance
Stream Margin Review Demolition/Relocation
8040 G ree nline- Review Si 'cant w/SPAor PUD
Exemption '�
Qf
View Plane Review Planned Unit Development
Exemption Conceptual
Hallam Lake Bluff Final
Exemption
SPECIAL ISSUES:
Agency
Issues:
•
\
CITY OF ASPEN
COMMUNITY DEVELOPMENT DEPT.
130 S. Galena St. Aspen, CO 81611 -1975 (970) 920 -5090
AGENCY REFERRAL FO
The City of Aspen Community Development Dept. has received a land use request as highlighted below. Your
comments are an important part of the evaluation process. In order to review all appropriate agency comments
and incorporate them into the staff evaluation, your written comments are due back to this office on
Part Gt Na . 3T37 7410.1fD1 APPLICANTS PLEASE NeOTEII •
� lu mber` •
A4S971m Applicants or their representativesare • tote Sprit ,tune [7 • iM • enco to attend the DRC meeting to
Near# t3Hte a s a, t o &i 8 e
tlisc the project. The DRC Meeting has
DRCfut;11. g Bate Janet 1 r 999! H been scheduled for Wednesday, Ju n� a 1g
teferal t>ue #+ prier Ehtt 1997 at 10:30 am in the Sister Cities Room of
Qther Referrals Aue to Engir rtng June 25 t991 City'all.
Planner Mitch Haas Phone No. 920 -5095 Fax No. (970)920 -5439
Applicant: Carol Loewenstern Phone No. 925 -1919 Fax No.
Representative: George Draper Phone No. 927-4062 Fax No.
Location of Property: 910 Gibson Ave. (Parcel B, Smuggler Mobile Home Park)
Summary of Request: Conditional Use Review for an ADU (detached Garage with apartment above)
Residential Units: 1 SF MF Affordable ADU: yes
Acreage /Square Feet: FAR Ratio Allowed: FAR Proposed:
Zoning: Existing: R -15A Proposed: R -15A
REQUESTS TO BE PROCESSED
Amendments Growth Management Q.S. Site Plan Review
Text Exemption Special Review
Map Residentiavroudst Accom. Special. Planned Area (SPA)
Administrative Review Office /commercial Subdivision Plat
Insubstantial Historic Reviews Lot Line Adjustment
Appeals Exemptions Lot Split
Change in Use Minor Condominiumization
Cpndi fonet use Conceptual Timeshare
itfN1;� Final Final Plat
Other Landmark Temporary Use
Environ. Sensitive Area Landmark Lot Split Variance
Stream Margin Review Demolition/Relocation
8040 Greenline Review Significant
t7i'd : 3Q R¢srdetitt w /SPA or PUD RBVtW
Exemption
View Plane Review Planned Unit Development
Exemption Conceptual
Hallam Lake Bluff Final
Exemption .. ..
SPECIAL ISSUES:
Agency
Issues:
It appears that we did not collect the referral fee for the Housing Office.
Please remit the $70 fee for their review of this application. Thank you. “ A A " . •
V