HomeMy WebLinkAboutLand Use Case.CU.930 King St.A66-94 e
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 08/29/94 PARCEL ID AND CASE NO.
DATE COMPLETE: 2737- 073 -00 -037 A66 -94
STAFF MEMBER: ML
PROJECT NAME: No Problem Joe Cond. Use for Acc. Dwelling Unit
Project Address: 930 King Street
Legal Address:
APPLICANT: Estate of Joseph L. Candreia
Applicant Address:
REPRESENTATIVE: Cunningham Investment Co. 925 -8803
Representative Address /Phone: 121 S. Galena
Aspen, CO 81611
FEES: PLANNING $ # APPS RECEIVED 1
ENGINEER $ # PLATS RECEIVED 5
HOUSING $
ENV. HEALTH $
TOTAL $ 0
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP:
P &Z Meeting Date DG7 1 1 PUBLIC HEARING:411P NO
VESTED RIGHTS: ES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
DRC Meeting Date
REFERRALS:
City Attorney X Parks Dept. School District
City Engineer Bldg Inspector Rocky Mtn NatGas
Housing Dir. Fire Marshal CDOT
Aspen Water Holy Cross Clean Air Board
City Electric Mtn. Bell Open Space Board
Envir.Hlth. ACSD Other
Zoning Energy Center Other
DATE REFERRED: INITIALS: 9110 DUE: 5/11
FINAL ROUTING: DATE ROUTED: IC 1 INITIAL: 9-0
_ City Atty City Engineer Zoning _Env. Health
Housing Open Space Other:
FILE STATUS AND LOCATION:
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
GRANTING CONDITIONAL USE APPROVAL FOR AN
ACCESSORY DWELLING UNIT TO BE CONNECTED TO A
SINGLE FAMILY RESIDENCE AT 930 RING STREET
FOR THE ESTATE OF JOSEPH L. CANDREIA
Resolution No. 94-2
WHEREAS, pursuant to Section 24 -5 -510 of the Aspen Land Use
Regulations accessory dwelling units may be approved by the
Planning and Zoning Commission as conditional uses in conformance
with the requirements of this Section; and
WHEREAS, the Planning Office received an application from
Cunningham Investment Company for a Conditional Use review for an
approximately 445 sq.ft. accessory dwelling unit to be provided
voluntarily as part of the redevelopment of this parcel; and
WHEREAS, a public hearing was conducted on October 4, 1994 at
a regular meeting of the Aspen Planning and Zoning Commission in
which the Commission considered the applicant's request and voted
5 -2 for approval with conditions.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Estate of No Problem Joe Conditional Use for an
approximately 445 sq.ft. net livable accessory dwelling unit is
approved, subject to the following conditions:
1. The owner shall submit appropriate deed restrictions to the
Aspen /Pitkin County Housing Authority for approval. The
accessory dwelling unit shall be deed restricted to resident
occupancy with a minimum six month lease. Upon approval by
the Housing Authority, the Owner shall record the deed
restriction with the Pitkin County Clerk and Recorder's
Office.
2. Prior to issuance of any building permits, a copy of the
recorded deed restriction for the accessory dwelling unit must
be forwarded to the Housing Office and Planning Office.
3. Prior to issuance of any building permits, the applicant shall
provide the Housing Office actual floor plans showing the net
liveable calculation of the accessory dwelling unit.
4. The accessory dwelling unit shall be clearly identified as a
separate dwelling unit on building permit plans and shall
comply with U.B.C. Chapter 35 sound attenuation requirements.
5. During building permit plan review, the Zoning Enforcement
Officer shall make the final determination that the unit meets
the minimum size requirement of 300 sq.ft. net liveable as
defined in the Housing Authority Guidelines. The accessory
dwelling unit cannot be less than 300 sq.ft.
0
6. Based on the comments submitted by the Engineering Department
in their referral memo dated September 27, 1994 the applicant
shall comply with the following:
a. The applicant shall submit a drainage plan to be reviewed
and approved by the Engineering Department, prior to the
issuance of any building permits.
b. The applicant shall enter into a sidewalk, curb and
gutter agreement for the portion of the property that
fronts King Street, prior to the issuance of any building
permits.
c. The applicant shall redesign the proposed driveway plan
to the satisfaction of the City Engineer.
d. The applicant shall consult City Engineering (920 -5080)
for design considerations of development within public
rights -of -way, Parks Department (920 -5120) for vegetation
species, and shall obtain permits for any work or
development, including landscaping, within public rights -
of -way from the city Streets Department (920- 5130).
7. The applicant shall meet with the Building Inspector, Zoning
Officer and Planning Office to determine the natural grade of
the property. This meeting shall take place prior to the
issuance of any building permits for the property.
8. 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.
APPROVED by the Commission at its regular meeting on October 4,
1994.
Attest: Planning and Zoning Co7ission:
.) ��i1 / r c- eC L C-' / v.�
Ja Carney, W. Bruce Kerr,
Duty City Jerk Chair
reso.apz.adu.noproblem
2
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MEMORANDUM
TO: Planning and Zoning Commission
FROM: Mary Lackner, Planner
RE: No Problem Joe Conditional Use for an Accessory Dwelling
Unit - Public Hearing
DATE: October 4, 1994
SUMMARY: The Planning Office recommends approval of the No Problem
Joe 444 sq.ft. accessory dwelling unit with conditions.
APPLICANT: Estate of Joseph Candreia, represented by Cunningham
Investment Company.
LOCATION: 930 King Street, a metes and bounds parcel located in
Section 7, Township 10 South, Range 84 West of the 6th PM.
ZONING: The 13,343 sq.ft. parcel is zoned R -15A.
APPLICANT'S REQUEST: The applicant requests Conditional Use
approval to convert the historic miner's cabin on this parcel into
an accessory dwelling unit and to add a new free market residence
on the property. The conversion of this unit into an accessory
dwelling unit complies with the housing mitigation requirements of
Ordinance 1, Series 1990. The one bedroom accessory dwelling unit
will be approximately 444 sq.ft. and is proposed to be attached to
the main house by a breezeway. This parcel was reviewed pursuant 0°
to the new temporary overlay, but HPC comments were only advisory h
because this parcel is over 9,000 sq.ft. Please refer to 5 ° IO Vy ,1
application information, Exhibit "A ".
ob
REFERRAL COMMENTS: Comments from the Housing Office are included Vi
as Exhibit "B ", Parks Department comments Exhibit "C ", Engineering
comments Exhibit "D ", and Zoning Office Exhibit "E ".
STAFF COMMENTS: Staff has received a letter from a neighboring
property owner who has concern regarding fill material that has
been placed on the property over time (Exhibit "F "). In order to
address this concern, staff has added a condition of approval to
this review that requires an evaluation of the site by the Building
Inspector, Zoning Officer and Planning to determine the natural
grade.
The Planning and Zoning Office has addressed the use of breezeways
and similar connectors many times. Such connections are not
permitted for connecting duplex units, as these require a 20%
common wall. The breezeway connection in this project is not being
used to avoid any land use regulations as the ADU for this project
may be either attached or detached to the main residence.
The Historic Preservation Committee reviewed and approved the
project at their September 1, 1994 meeting, however they had
limited review capabilities over this project because the property
is not historically landmarked and the applicant was doing a
partial demolition and relocation.
The Commission has the authority to review and approve development
applications for conditional uses pursuant to the standards of
Section 7 -304:
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; and
Response: The proposed dwelling unit has the potential to house
local employees, which is in compliance with the Aspen Area
Community Plan and the underlying 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; and
Response: The accessory dwelling unit is compatible with the
character of the surrounding neighborhood, which consists of duplex
and single family residences. Staff would like to see the ADU
redesigned to be free standing, which would make it more consistent
with the historic residential use, scale, and appearance of the
cabin in this neighborhood.
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; and
Response: The main house is required to provide four parking
spaces. Off - street parking can be provided within the garage and
on the driveway. No parking is required to be provided for the one
bedroom accessory dwelling unit, however there is space available
on the parcel.
As mentioned under item B, staff believes that the ADU would be
more consistent in character with the neighborhood if it were
redesigned to free standing, thereby reducing bulk and mass. Two
to three smaller structures would be more visually appealing than
the one larger structure that is proposed.
The 1990 Pedestrian Walkway and Bikeway System plan identifies King
Street as a primary pedestrian route and off -road bicycle route.
2
1/
The applicant has not offered to provide a pedestrian /bikeway space
along the property on King Street. Staff recommends that the
applicant sign a sidewalk, curb and gutter agreement that would
require the applicant to provide these improvements at a later
date. A commuter sidewalk constructed this summer along Neale
Avenue on the western side of this property.
The proposed circular driveway is inconsistent with the road design
standards of the City. The applicant will need to redesign this
driveway, prior to the issuance of any building permits.
As per past P &Z concerns, a recommended condition of approval
requires that the unit be identified on building permit plans as
a separate dwelling unit requiring compliance with U.B.C. Chapter
35 for sound attenuation. The applicant has proposed a roof design
that will shed snow away from the ADU's entrance. No significant
impacts are anticipated.
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; and
Response: All public utilities are adequate and in place
throughout the neighborhood and for the proposed residence and ADU.
The applicant will be required to pay additional tap fees for water
and sewer service with the new residence.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use; and
Response: The proposed ADU will satisfy the requirements of
Ordinance 1 for new residences. The applicant must file the
appropriate deed restrictions for resident occupancy, including a
six month minimum lease. Proof of recordation must be forwarded
to the Planning Office prior to issuance of any building permits.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Community Plan and
by all other applicable requirements of this chapter.
Response: This use complies with the Aspen Area Community Plan
and all other applicable conditional use standards.
STAFF RECOMMENDATION: Planning staff recommends approval of the
No Problem Joe Conditional Use for a 444 sq.ft. one bedroom
accessory dwelling unit subject to the following conditions:
1. The owner shall submit appropriate deed restrictions to the
Aspen /Pitkin County Housing Authority for approval. The
3
3
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accessory dwelling unit shall be deed restricted to resident
occupancy with a minimum six month lease. Upon approval by
the Housing Authority, the Owner shall record the deed
restriction with the Pitkin County Clerk and Recorder's
Office.
2. Prior to issuance of any building permits, a copy of the
recorded deed restriction for the accessory dwelling unit must
be forwarded to the Housing Office and Planning Office.
3. Prior to issuance of any building permits, the applicant shall
provide the Housing Office actual floor plans showing the net
liveable calculation of the accessory dwelling unit.
4. The accessory dwelling unit shall be clearly identified as a
separate dwelling unit on building permit plans and shall
comply with U.B.C. Chapter 35 sound attenuation requirements
5. During building permit plan review, the Zoning Enforcement
Officer shall make the final determination that the unit meets
the minimum size requirement of 300 sq.ft. net liveable as
defined in the Housing Authority Guidelines. The accessory
dwelling unit cannot be less than 300 sq.ft.
6. Based on the comments submitted by the Engineering Department
in their referral memo dated September 27, 1994 the applicant
shall comply with the following:
a. The applicant shall submit a drainage plan to be reviewed
and approved by the Engineering Department, prior to the
issuance of any building permits.
b. The applicant shall enter into a sidewalk, curb and
gutter agreement for the portion of the property that
fronts King Street, prior to the issuance of any building
permits.
c. The applicant shall redesign the proposed driveway plan
to provide only on drivcway and curb cut.
r sdhs 6ttL n et 4u ci.L ehyiwv
d. The applicant shall consult City Engineering (920 -5080)
for design considerations of development within public
rights -of -way, Parks Department (920 -5120) for vegetation
species, and shall obtain permits for any work or
development, including landscaping, within public rights -
of -way from the city Streets Department (920- 5130).
7. The applicant shall meet with the Building Inspector, Zoning
Officer and Planning Office to determine the natural grade of
the property. This meeting shall take place prior to the
issuance of any building permits for the property.
4
A
8. 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 a
444 sq.ft. accessory dwelling unit for the No Problem Joe property
at 930 King Street, subject to the conditions recommended in the
Planning Office memo dated October 4, 1994."
Exhibits:
"A" - Application Information
"B" - Housing Office memo
"C" - Parks Department referral memo
"D" - Engineering referral memo
"E" - Zoning Office memo
"F" - Public comment letter
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CUINGHAM INVESTMENT CO,NC. Exhibit A
SUITE 201
121 SOUTH GALENA STREET
ASPEN, COLORADO 81611
(303) 925 -8803
August 29, 1994
Mary Lackner, Planner
Aspen /Pitkin County Planning Department
130 South Galena
Aspen, Colorado 81611
Re: No Problem Joe Property
Accessory Dwelling Unit Application
930 King Street
Aspen, Colorado
Dear Mary,
Please find enclosed our Accessory Dwelling Unit application for
the aforementioned property. We are very please to submit this
application, as we believe that it fulfills the City's
objective; provide first quality residential housing close to
downtown Aspen.
Our intention is to renovate the original No Problem Joe miner's
cabin into a one bedroom accessory dwelling unit, which
application is enclosed. The house is separated from the new
house by a breezeway, thus providing privacy to the accessory
dwelling unit resident. The property will be fully restored to
first quality standards, with significant landscaping
surrounding it.
We are also very please to submit an application that, although
we are not required to, meets the new FAR guidelines with less
than 85% of allowable FAR. We have also worked very hard to make
the new house follow the form, function, mass and scale of the
original miner's cottage. Though it is not within the guideline
review standards for accessory dwelling units, we feel that the
structures work very well together and will be a great
compliment to the area. This property is also scheduled for
review by the Historic Preservation Committee on September 1,
1994.
4
Mary Lackner
Aspen /Pitkin County Planning Department
August 29, 1994
Page Two
We are requesting immediate scheduling at the next available
Planning and Zoning Commission meeting so that we may move
forward with completion of the accessory dwelling unit at the
earliest possible time.
Sincerely,
Ae
'cA. Cunningham, President
Cu ningham Investment Co., Inc.
Enclosure: ADU Application
IMC /pm
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ATTACHMENT #2
DEVELOPMENT APPLICATION
This development application is made for the inclusion of an
accessory dwelling unit in the existing historic miner's cabin
commonly known as the No Problem Joe property, located at King
Street near the corner of Neal Street in Aspen, Colorado. The
Historic Preservation Committee has reviewed the property for
suitability of renovation and will be meeting on September 1 for
final review.
The plan is to renovate the original miner's cottage into a one
bedroom accessory dwelling unit located in the R15 zone. This
unit will be a stand -alone house connected by a breezeway to the
main house, thus providing privacy, separate outside sitting
areas, a front porch, all of which is above grade. The unit
comprises approximately 444 square feet. The historic miner's
cottage, we believe, was originally constructed in the late
1800s and we intend to restore it to that quality. The net
result will be a living room /dining room area with an adjacent
open kitchen. There will also be a full bathroom and good sized
bedroom with views of Smuggler Mountain and Aspen Mountain. As
previously mentioned, the house sits on the easterly portion of
the site and is removed by a long breezeway from the main house.
The ADU resident will therefore have significant privacy, lots
of light, and wonderful surrounding views.
Enclosed are elevations, site plan, and interior floor plan for
the ADU home. This is a house that anyone would be proud to live
in.
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SEP 20 '94 01:42PM ASPEN HOUSING OFC P.1
Exhibit B
�r..d
MEMORANDUM
SEP 2 0 994
TO: Mary Lackner, Planning Office
PROM: Cindy Christensen, Housing Office -
DATE: September 20, 1994
RE: No Problem Joe Conditional Use Review for an Accessory
Dwelling Unit
Parcel. ID bro. 2737- 073 -00 -037
The Housing Office recommends approval for the requested accessory
dwelling unit based on the following conditions:
Accessory dwelling units shall contain not less than three hundred (300) square feet of allowable
floor area end not more than seven hundred (70D) square feet of allowable floor area. The unit shall
be deed restricted, meeting the housing authority's guhfelbes for resident occupied units and shall
be brined to rental periods of not leas then six (e) months in duration. Comers of the principal
residence shall have the right to place a qualified employee or employees of his or her choosing in
the accessary dwelling unit.
The applicant states that the unit is to be 444 square feet,
attached to the principal residence via a breezeway.
The kitchen must be built to the following specifications:
Kitchen must contain a minimum of a two-burner stove with oven, standard ants, and a 6-cublc foot
refrigerator plus freezer.
Before the applicant can receive building permit approval, the
applicant must provide to the Housing Office actual floor plans,
showing the net liveable calculation of the accessory dwelling
unit, and a signed and recorded Deed Restriction, which can be
obtained from the Housing Office. The Housing Office must have the
recorded book and page number prior to building permit approval.
\word \referral \npj.adu
1)-C
Asper Pa<s Department 8920-512e T19.12719z- :03:23 PM 15
�-- Exhibit C
MEMORANDUM
TO: Mary Lackner, Planning Office
FROM: Rebecca Baker, Parks Director
DATE: September 27, 1994
RE: No Problem Joe Conditional Ilse Review for an Accessory Dwelling Unit
We have reviewed the application submitted by Cunningham investment Co., Inc. and there do
not appear to be any concerns for the Parks Department. However, a landscape plan was not
submitted. If any significant trees will be impacted by the plan, a tree permit will need to be issued
prior to the building permit.
1
Exhibit D
MEMORANDUM
To: Mary Lackner, Planning Office
From: Chuck Roth, Engineering Department Or
Date: September 27, 1994
Re: No Problem Joe Property Conditional Use for an Accessory Dwelling Unit (ADU)
(930 King Street)
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Department has the following comments:
1. Site Drainage - One of the considerations of a development application for conditional
use is that there are adequate public facilities to service the use. One public facility that
is inadequate is the City street storm drainage system. The new development plan must
provide for no more than historic flows to leave the site. Any increase to historic storm
run -off must be maintained on site.
2. Sidewalk, Curb and Gutter - The City installed sidewalk, curb and gutter alongside the
Neale Avenue frontage of this property this summer. The applicant would have been
required to install these improvements at his expense if he had built this summer. We are
unable to ask or require payment for those improvements at this time.
Regarding the King Street frontage of the property, it appears from Engineering
Department records that the edge of the pavement of King Street falls approximately on
the applicant's property line. I spoke with the applicant about granting an easement on
the property for installing sidewalk at the time that development occurs. We agreed that
it would be more reasonable to wait until King Street is re -built and the pavement is
relocated to the center of the public right -of -way.
Therefore, as a condition of approval for the ADU, we suggest that the applicant
be required to provide the Engineering Department with an executed sidewalk, curb and
gutter improvement agreement and with the recording fees prior to issuance of a building
permit. (For normal development procedures, this would be required prior to issuance
of a certificate of occupancy. See Section 19 -98.)
3. Driveway - The development plan shows two driveway cuts to King Street. I explained
to the applicant that the Code (Section 19 -101) does not allow two driveway cuts for a lot.
a
He stated that the revised plan is for one driveway. This must be shown in the building
permit drawings.
4. Landscaping - The application discusses "significant landscaping." For landscaping in
the public right -of -way, please refer to comment number of this memo. For landscaping
on private property, we would like to provide the information that fence heights at street
corners have previously been regulated to 42" above street grade for a distance of 30 feet
from the corner. This is to provide sight distances for vehicle turning movements at
comers. This should potentially apply to new landscaping materials also.
5. Parking - It is not clear from the application what parking is being provided. We
recommend that a parking space be required for the ADU because there is no on- street
parking in the area.
6. Utilities - Any new surface utility needs for pedestals or other facilities must be
installed on an easement provided by the applicant and not in the public right -of -way.
7. Work in the Public Right -of -way - Given the continuous problems of unapproved work
and development in public rights -of -way adjacent to private property, we advise the
applicant as follows:
The applicant shall consult city engineering (920 -5080) for design
considerations of development within public rights -of -way, parks department
(920 -5120) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights -of -way from city streets
department (920 - 5130).
cc: Cris Caruso
M94340
V -
Exhibit E
MEMORANDUM
TO: Mary Lackner
FROM: Bill Drueding
RE: 930 King Street
DATE: September 27, 1994
The applicant appears to be using King Street as the front yard.
Using the corner lot rule per Section 3 -101, "Yard" (C). The other
corner side yard will be two - thirds of the front, or 16.66 feet.
The natural grade has been altered. Section 3 -101, Natural Grade,
states that the building inspector shall establish what has been
natural grade.
Exhibit F
Michael C. Maple
1936 Goldenvue Drive
Golden, CO 80401
(303) 271 -0165
SEP 1 21994
September 9, 1994
Ms. Mary Lynne Lackner
Aspen /Pitkin Planning Office
130 South Galena Street
Aspen, CO 81611
Re: 930 King Street
Dear Mary:
Thank you for taking the time to help me understand some of zoning and building codes and
approval processes.
As we discussed, I am particularly interested in monitoring the property line set backs and
height limitations to ensure full compliance with existing regulations of the proposed
development of 930 King Street. As you explained to me, height limitations should take into
consideration the naturally occurring grade, as opposed to fill material added over time. Since
my family has lived immediately adjacent to 930 King since 1968 (about the time Candreia
acquired the property), we are aware that large amounts of fill have been added to the
property west of the existing home and adjacent to Neal Street.
Thank you again for your time, insights and willingness to pursue the natural grade /height
issues. I look forward to speaking with Amy Amidon about potential set back variances to be
granted through the Historic Preservation Office. If at all possible, please send me copies of
any notices regarding permitting and variance requests for the King Street property.
Very truly yours,
Michael C. Maple
c. Amy Amidon
Charles & Bryce Maple, 927 Gibson Ave.
James & Marlene Mickey, 931 Gibson Ave.
7
ArtiVi41Euf 1
esAND USE APPf ZCATION FORM r „ y
1) Project Name NO PRORLEM JOE PROPERTY
2) Project Location 930 King Street, Aspen, Colorado 81611
(indicate street addLer,s, lot & block number, legal description where ' .
appropriate) Metes and bounds
3) Present Zoning R15A 4) lot Size 13,241 sq. ft.
5) Applicant's Name, Address & Phone $ Estate of Joseph L. Candreia
c/o Cunningham Investment Co„, Inc 121 So Galena, Aspen Co:. 81611
9258803
6) Representative's Name, Address & Prone 8 Same. as #5
7`)) Type of Application (please check all that apply):
/
Conditional Use Conceptual SPA _ COnoeptual Historic Dev-
-
Special Review Final SPA _ Final Historic Dev-
_ Conceptual Graenline Qoeptual POD _ Minor Historic Dev-
Stream Margin _ Final POD _ Historic Demolition
Moi stain View Plane _ Subdivision ' _ Historic Designation - -
Condominiui izaticn _ Text/Mak Amendment _ CMS Allotment
tet Splitilot Line • • • _ C2 x mq?tic . •
Adjustment
8) Description of Existing Uses '(number and type of existing sti ng structures'
approximate sq. ft-: nmber of bedrooms; any previous approvals granted to the
prope-y) -
One bedroom tinerys cottage which_ is currently under HPC geview fOr'renovatipn _
•
9) Description of Development Application
Renovation of original mineq s cottage to an accessory dwelling (hni.t
s described in development application.
10) nave you attached the following?
Yes Response to Attadment 2, Minim= aubnission Contents
Yes Response to Attadmenht 3, Specific Submission Contents
Yes Response to Attachment 4, Review Standards for Your Application
0
ASPEN /PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920 -5090 FAX 920 -5197
MEMORANDUM
TO: Housing Director
Parks Department
Zoning Administration
FROM: Mary Lackner, Planning Office
RE: No Problem Joe Conditional Use Review for an Accessory Dwelling Unit
Parcel ID No. 2737 - 073 -00 -037
DATE: September 8, 1994
Attached for your review and comments is an application submitted by Estate of Joseph L.
Candreia.
Please return your comments to me no later than September 19.
Thank you.
August 10, 1994
Ms. Amy Amidon
Aspen /Pitkin Planning Office
130 South Galena Street
Aspen, CO 81611
Re: Permission To Represent
Dear Ms.Amidon:
Please consider this letter authorization for I.MCA. Cunningham
of Cunningham Investment Company, to represent the Estate of
Joseph L. Candreia in the processing of a development application
through the Historic Preservation Commission for the property
located at 930 King Street in the City of Aspen. Mr. Cunningham
is hereby authorized to act on behalf of the Estate with respect
to all matters pertaining to the request for approval of the
aforementioned application.
Should you have questions, or if we can be of assistance, please
do not hesitate to contact me, or my agent John Doremus.
R: 4o c�
Peggy Jo Candreia,
Personal Representative
Estate of Joseph L. Candreia
J TICOR TITLE I
Commitment for Title Insurance
American Land TICOR TITLE INSURANCE COMPANY, a by the Company, either at the time of the
Title Association California corporation, herein called the issuance of this Commitment or by subsequent
Commitment - 1966 Company, tor a valuable consideration, hereby endorsement.
commits to issue its policy or policies of title
insurance, as identified in Schedule A, in favor This Commitment is preliminary to the
of the proposed Insured named in Schedule A, issuance of such policy or policies of title
as owner or mortgagee of the estate or interest insurance and all liability and obligations
covered hereby in the land described or hereunder shall cease and terminate 180 days
referred to in Schedule A, upon payment of the after the effective date hereof or when the
premiums and charges therefor; all subject to policy or policies committed for shall issue,
the provisions of Schedule A and B and to the whichever first occurs, provided that the failure
Conditions and Stipulations hereof. to issue such policy or policies is not the fault
of the Company.
This Commitment shall be effective only
when the identity of the proposed Insured and This Commitment shall not be valid or
the amount of the policy or policies committed binding until countersigned below by an
for have been inserted in Schedule A hereof authorized signatory of the Company.
ISSUED BY: TICOR TITLE INSURANCE COMPANY
ASPEN TITLE CORPORATION ,��
600 East Hopkins, Suite 305 B y � I President
Aspen, Colorado 81611 /
(303) 920 - 4050 Attest ( � ���s Secretary
Authorrzed Stgt Neel y
r "1 31 y J r ,, J (J „11 "fl q4"11"11 .. J „r
.., I•.. I .., i.., l .., I., ri.., 1,,i..,�.,.I�.,�n, .., 1.., 1u 0n,1 .q1 4.0 ...l .y1u11'1 "'f'91
Al IA COMMI I MI 141 1961,
Conditions and
Stipulations
to 3. Liability of the Company under this Commitment shall be only
1 the lean " mortgage," when used herein, shall include deed del nitio o f edein the Insured
m policy or s tiled for
of trust, bust deed or other security instrument. and only for actual loss incurred in reliance hereon in undertaking
2 If the proposed Insured has or acquires actual knowledge of eliminate exception shown n r S chedule B requirements
or (c) to acquire orrcreate (b) to
any defect, lien, encumbrance, adverse claim or other matter affect- the estate or interest or mortgage thereon covered by this
ing the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated
Commitment other than those shown in Schedule B hereof, and shall in Schedule A for the policy or policies committed for and such liability
fail to disclose such knowledge to the Company in writing, the is subject to the insuring provisions, the Exclusions from Coverage
Company shall be relieved from liability for any loss or damage and the Conditions and Stipulations of the form of policy or policies
resulting from any act of reliance hereon to the extent the Company committed for in favor of the proposed Insured which are hereby
is prejudiced by failure to so disclose such knowledge. If the proposed incorporated by reference and are made a part of this Commitment
Insured shall disclose such knowledge to the Company, or if the except as expressly modified herein.
Company otherwise acquires actual knowledge of any such defect,
lien, encumbrance, adverse claim or other matter, the Company at 4. Any action or actions or rights of action that the proposed
its option may amend Schedule B of this Commitment accordingly, Insured may have or may bring against the Company arising out of
but such amendment shall not relieve the Company from liability the status of the title to the estate or interest or the status of the
previously incurred pursuant to Paragraph 3 of these Conditions and mortgage thereon covered by this Commitment must be based on
Stipulations. and are subject to the provisions of this Commitment.
• C OMMITMENT '"-%
SCHEDULE A *woe
JOHN mo-o ti
DCREMU5 & COMPANY
616 E HYMAN AV
ASPEN CO 81611
1. Effective Date: June 23, 1994 at 7:00 AM
RS /bs Ozer No. 403607 -C3
Qistomer Reference CANDREIA
2. ALTA Owner's Policy
Proposed In e d : Amount: $ 600,000.00
CUNNINGHAM INVES MENT CO., INC.
3. ALTA Loan Polininq Amount: $ 400,000.00
Proposed Insured:
PEGGY JO CANDREIA
Proposed Insured: Amount: $
4. The estate or interest in the land described or referred to in this C1nmiiment and
aov a1 herein is:
FEE SIMPLE
and title thereto is at the effective date hereof vested in:
THE HEIRS AND DEVICEES OF JOE L. CANDREIA, DECEASED
Owner's Premium: issued by:
S 1,435.00 Aspen Title Corporation
Lender's Premium: $ 60.00
Add'1 Lender Chg: $ 600 E. 8 Avenue, #305
Add'l Charges: $
ASPEN CO 81611
FAX (303) 920 -4052
Tax Certificate: $ 10.00 (303) 920 -4050 Denver 595 -8463
Endorsement Chg: $
WD Charges:
$
TOTAL ❑JARCFS: $ 1,505.00
T1WH 11ThE 1NSURAN(7: COMPANY
COMMITMENT ws
Plat id No.
SCHEDULE A (continued) Order No. 403607 -C3
5. The land referred to in the Commitment is covering the land in the State of
Colorado, County of Pitkin , described as follows:
A Tract of land situated in the South one -half (8 1/2) of Section 7,
Township 10 South, Range 84 West of the 6TH P.M. in, City of As
Pitkin County, Colorado, being more fully decry
Y load as follows:
Beginning at the Northwest corer of a tract of land described in Boole
645 at Page 892 of the Pitkin County records whence corner ?b. 11,
East Aspen Additional Townsite bears North 52 ° 23'03 "E 160.23 feet;
Thence South 26 °52'00" West, 103.58 feet along the West line of said
tract;
Thence North 61°57'06" West, 27.78 feet;
Thence North 55 ° 52'50" West, 18.64 feet;
Thence North 58°48'18" West, 34.01 feet;
Thence North 58 ° 29'54" West, 23.85 feet;
Thence North 48 °15'12" West, 34.73 feet;
T North 23 °28'17" East, 81.89 feet;
Thence South 65°20'31" East, 142.47 feet to the Point of Beginning.
TICpR TIT] .E 1NSlIItANCE ("MANY
COMMITMENT
SCHEDULE B Order No. 403607 -C3
Section 1
REQUIRIIMENIS
THE FOLLOWING ARE THE RpQUIR M NIS TO BE COMPLIED WITH:
Item (a) Payment to or for the account of the grantu&s or mortgagors of the full
consideration for the estate or interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be
executed and duly filed for record, to wit:
Item (c) Payment of all taxes, charges or assessments, levied and assessed against the
subject premises which are due and payable.
Item (d) Additional requirements, if any, diaclos3d below:
1. The following docampnts should be obtained and recorded fstm the Estate of
JOE L. CANDREIA, deceased, Probate No. Cast in and for
the County of Pitkin:
1. Certified copy of Letters of Appointment of the Personal
Representative, PEGGY JO CANDREIA.
2. Personal Representative's Deed reciting the intestate death of
decedent and date of appointment, and rating the state doamentary
fee, conveying subject property to CLIN IN W.I INVESTMENT CO., INC..
2. Deed of Trust fain CUNNIN HAM INVESTMENT CO. INC. to the Public Trustee of
Pitkin County for the use of PEGGY JO CANDREIA, to secure 6400,000.00.
T100R TITIF INSURANCE COMPANY
tinN
` ' C O M M I T M E N T e✓
SCHEDULE B
Section 2
ExCEPTIONE Order No. 403607 -C3
The policy or policies to be issued will contain exceptions to the following matters
unless the same are disposed of to the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and
any facts which a correct survey and inspection of the premises would di4close and
which are not shown by the public records.
4. Any lien, or right to a lien for services, labor or material heretofore or hereafter
furnished, imposed by law and not shown by the public records.
5. Defects, liens, errannbrances, adverse claims or other matters, if any, created,
first appearing in the public records or attaching subsequent to the effective date
hereof, but prior to the date the proposed insured acquires of reuud for value the
estate or interest or mortgage thereon covered by this Commitment.
6. Taxes or special assessments which are not strewn as existing liens by the public
records.
7. In addition, the owner's policy will be subject to the mortgage, if any, noted under
Section 1 of Schedule B hereof.
8. Right of way for ditches or canals constructed by the authority of the United
States, as reserved in United States Patent recorded August 21, 1958, in Book 185
at Page 69.
9. Easement and right of way to construct, reconstruct, enlarge, operate, maintain and
remove an electric transmission or distribution line or system, as granted by Joe
L. Candreia to Holy Cross Electric Astatien, Inc. by instrument recorded October
27, 1975, at Book 304 at Page 658, said easement being ten (10) foot in width.
10. Overhead power line as shown on Ltvrovanent Survey by Alpine Surveys, Inc. dated
July 1, 1994.
11. Enrxoachment of fence onto adjacent property as strewn on Improvement Survey by
Alpine Surveys, Inc. dated July 1, 1994.
12. Any and all unredeemed tax sales.
NOTE: Upon receipt of a Certificate of Taxes Due evidencing that there are no
existing open tax sales the above exception will not appear on the policies to be
issued hereunder.
Tl TIT! A: 1 N.' ;NI 2ANC1: (X111 'ANY
''' TO PROSPECTIVE BUYER;"
OF SINGLE FAMILY RESIDENCES
(PURSUANT TO INSURANCE REGULATION 89 -2)
A. "GAP" PROTECTION
When TICOR Title Insurance Company or its authorized agent, (hereinafter referred to as "Company"), is
responsible for recording or filing the legal documents creating the estate or interest to be insured in a single family
residence and for disbursing funds necessary to complete the transaction, the Company shall be responsible for
any deeds, mortgages, lis- pendens, liens or other title encumbrances which first appear in the public records
subsequent to the Effective Date of the Commitment but prior to the Effective Date of the Policy, provided the
following conditions are satisfied prior to the Company's disbursement of the funds:
1. Properly executed documents creating the estate or interest are in the possession of the Company.
2. A fully executed Affidavit and Indemnity form signed by the seller and satisfactory to the Company is in the
possession of the Company.
No Coverage will be afforded against deeds, mortgages, lis- pendens, liens or other title encumbrances
actually known to the proposed insured prior to or at the time of recordation of the documents.
Public Records as used herein means those records established under state statutes for the purpose of
imparting constructive notice of deeds, mortgages, lis- pendens, liens or other title encumbrances to purchasers
for value and without knowledge.
B. MECHANICS' LIEN PROTECTION
If you are a buyer of a single family residence, you may request coverage against loss because of
unrecorded claims asserted by construction, labor or material suppliers against your home.
If no construction, improvements or major repairs have been undertaken on the property to be purchased
within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens
will be payment of the appropriate premium and the execution by the seller of an Affidavit and Indemnity form
satisfactory to the Company.
If there have been construction, improvements or major repairs undertaken on the property to be purchased,
within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens
will include: disclosure of certain construction information; financial information as to the seller, the builder and /or
the contractor; payment of the appropriate premium; fully executed Indemnity Agreements satisfactory to the
Company; and, any additional requirements as may be necessary after an examination of the aforesaid
information by the Company.
No coverage will be given under any circumstances for labor or material for which you have contracted or
agreed to pay.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF
THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED.
IKON title li r:w: w, c�.un,p.0 iy
Culud. Wu
DISCLOSURE STATEMENT REQUIRED BY
COLORADO REVISED STATUTES
§10 -11 -122
Colorado Revised Statutes §10-11-122 requires that "every title insurance agent or title insurance company shall
provide, along with each title commitment issued, a statement disclosing the following information:
(a) That the subject real property may be located in a special taxing district
(b) That a certificate of taxes due listing each taxing jurisdiction may be obtained from the
county treasurer or the county treasurer's authorized agent;
(c) That information regarding special districts and the boundaries of such districts may be
obtained from the Board of County Commissioners, the County Clerk and Recorder or the
County Assessor."
rv
h
August 11, 1994
Qinningham Mortgage investment Co.
Attn: Mac Cunningham
Sir:
A search of the records of this office and those of the Assessor
and Treasurer of Pitkin County, Colorado, reveals the owners
within a 300' radius of a parcel of land as set forth on Exhibit
"A" as follows:
City of Aspen
130 South Galena
Aspen CO 81611
Anne Byard Peterson
35 Locust
Mill Valley CA 94941
Ralph U. Whipple and Lynne C. Whipple
413 Vine Street
Aspen CO 81611
Henry Trettin and Lana Trettin
17 Queen Street
Aspen CO 81611
Best Vendors Company
c/o Weisman Enterprises
2626 West Lake Avenue
Minneapolis MN 55416
Ann Marshall
PO Box 10894
Aspen CO 81612
Kenneth Owen and Jane Owen Trust
PO Box 88
Chapman Ranch TX 78347
Jeffrey J. Shoaf
Po Box 3123
Aspen CO 81612
-1-
continuation Page
Charles A. Maple and Bryce M. Maple
927 Gibson Avenue
Aspen CO 81611
Thomas E. Lewis
Po Box 5442
Key West FL 33045
Sunnybrook Colorado, Inc.
c.o Krabacher, Hill & Edwards
201 North Mill Street Ste 201
Aspen CO 81611
Ernst Kappeli
PO Box 1962
Aspen CO 81612
Thomas D. Isaac
975 King Street
Aspen CO 81612
Merci 1984 Irrevocable Trust
c/o Allen, Sharkey, Braden & McCormick
610 East Hyman
Aspen CO 81611
James Mickey and Marlene Mickey
927 Gibson Avenue
Aspen CO 81611
Joseph Dunn and Lucy Hall Dunn
940 Matchless Drive
Aspen CO 81611
Donald William Lang and Jacquelyn H. Kasabach
PO Box 4166
Aspen CO 81612
Lois M. Brownell Vagneur
PO Box 28267
El Jebel CO 81628
James L. Curtis
c/o Curtis & Associates
300 East Hyman Avenue 2nd Floor
Aspen CO 81611
C. L. Astor & Co., a Partnership
981 King Street
Aspen CO 81611
-2-
Continuation Page �~
Donald Lee Delise
PO Box 345
Woody Creek CO 81656
Carol Loewenstern
910 Gibson
Aspen CO 81611
Solveig Warming
PO Box 5177
Aspen CO 81612
A. T. D'Ari
PO Box 2178
Aspen CO 81612
Jonathan W. Tenscher
126 Maple Lane
Aspen CO 81611
Richard Brebner
124 Maple Lane
Aspen CO 81611
Ray Smalls
PO Box 3197
Aspen CO 81612
Michael Christopher
130 Maple Lane
Aspen CO 81611
Gary Luhnow
PO Box 2383
Aspen CO 81612
C. L. Astor & Co., a Partnership
981 King Street
Aspen CO 81611
Neligh C. Coates, Jr.
720 East Hyman Avenue
Aspen CO 81611
Joseph R. Tarbet and Barbara P. Tarbet
PO Box 3640
Aspen CO 81612
Peter Wirth and Janet B. Wirth
990 Gibson Avenue Unit 2
Aspen CO 81611
-3-
f'^
Continuation Page
Although we believe the facts stated are true, this letter is
not to be construed as an abstract of title, nor an opinion of
title, nor a guaranty of title, and it is understood and agreed
that Stewart Title of Aspen, Inc., neither assumes, nor will be
charged with any financial obligations or liability whatever on
any statement contained herein.
Sincerely,
Peter P. Delany,
Senior Vice President
Stewart Title of Aspen, Inc.
620 E. Hopkins
Aspen CO 81611
(303) 925 -3577
-4-
ASPEN /PITION PLANNING O FFI
130 S. Galena Street
Aspen, Colorado 81611
(303) 920 -5090 FAX# (303) 920 -5197
September 8, 1994
Mac Cunningham
Cunninham Investment Co.
121 S. Galena
Aspen, CO 81611
Re: No Problem Joe Conditional Use Review for an Accessory Dwelling Unit
Case A66 -94
Dear Mac,
The Planning Office has completed its preliminary review of the captioned application. We
have determined that this application is complete.
We have scheduled this application for review by the Aspen Planning and Zoning Commission
at a Public Hearing to be held on Tuesday, October 4, 1994 at a meeting to begin at 4:30 p.m.
Should this date be inconvenient for you please contact me within 3 working days of the date
of this letter. After that the agenda date will be considered final and changes to the schedule
or tabling of the application will only be allowed for unavoidable technical problems. The
Friday before the meeting date, we will call to inform you that a copy of the memo pertaining
to the application is available at the Planning Office.
Please note that it is your responsibility to mail notice to property owners within 300' and to
post the subject property with a sign at least ten (10) days prior to the public hearing. Please
submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing
prior to the public hearing.
If you have any questions, please call Mary Lackner the planner assigned to your case, at 920-
5106.
Sincerely,
Su • L. Wolff
Administrative Assistant
apz.ph
.N M
PUBLIC NOTICE
RE: NO PROBLEM JOE CONDITIONAL USE REVIEW FOR AN ACCESSORY
DWELLING UNIT
NOTICE I8 HEREBY GIVEN that a public hearing will be held on
Tuesday, October 4, 1994 at a meeting to begin at 4:30 pm before
the Aspen Planning & Zoning Commission, 2nd Floor Meeting Room,
City Hall, 130 S. Galena, Aspen to consider an application
submitted by the Estate of Joseph L. Candreia, c/o Cunningham
Investment Co, Inc., 121 S. Galena, Aspen, CO, requesting approval
of a Conditional Use Review for an approximately 444 square foot
Accessory Dwelling Unit in the existing historic miner's cabin
which will be attached by a breezeway to a proposed new single
family residence. The property is located at 930 King Street; a
tract of land situated in the 5 i of Section 7, Township 10 South,
Range 84 West of the 6th P.M. For further information, contact
Mary Lackner at the Aspen /Pitkin Planning Office, 130 S. Galena
St., Aspen, CO 920 -5106.
s /Bruce Kerr, Chairman
Planning and Zoning Commission
: l
( 3 ( I z
.1+,
swe n
PUBLIC NOTICE
'RE: NO PROBLEM JOE CONDITIONAL USE REVIEW FOR AN ACCESSORY
DWELLING UNIT
NOTICE I8 HEREBY GIVEN that a public hearing will be held on
Tuesday, October 4, 1994 at a meeting to begin at 4:30 pm before
the Aspen Planning & Zoning Commission, 2nd Floor Meeting Room,
City Hall, 130 S. Galena, Aspen to consider an application
submitted by the Estate of Joseph L. Candreia, c/o Cunningham
Investment Co, Inc., 121 S. Galena, Aspen, CO, requesting approval
of a Conditional Use Review for an approximately 444 square foot
Accessory Dwelling Unit in the existing historic miner's cabin
which will be attached by a breezeway to a proposed new single
family residence. The property is located at 930 King Street; a
tract of land situated in the S x of Section 7, Township 10 South,
Range 84 West of the 6th P.M. For further information, contact
Mary Lackner at the Aspen /Pitkin Planning Office, 130 S. Galena
St., Aspen, CO 920 - 5106.
s /Bruce Kerr, Chairman
Planning and Zoning Commission