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Land Use Case.609 W Bleeker St.0058.2012.ASLU
mok THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0058.2012.ASLU PARCEL ID NUMBERS 2735 12 48 702 PROJECTS ADDRESS 609 W BLEEKER ST PLANNER JENNIFER PHELAN CASE DESCRIPTION AMEND ADU DEED RESTRICTION REPRESENTATIVE JODY EDWARDS 925 8700 DATE OF FINAL ACTION 09/30/2013 CLOSED BY DJAMA MARTIN ON: 01/03/2014 Z T IS' 12 W7 00 -2- 0 - 2D�Z ' Ltd OS � ............. Maj File Edit Record Navigate Forrn Report. Format Tab Help 1X �� 1�'v Jump a Ruutirg Status Fees Fee Summary[Main Actions !,Attachments,'Routing History Valuation An_hXng Custom Fields Sub Permits P Xmit t aslu Aspen Land Use —� Permit# 00582012.A,SLIJ Ad dr; 609 W BLEEKER ST AptiSuite t v ASPEN State CO Zip E'1611 R. 0 Permit I" akion aster permit Routing queue asbr07 Applied 9l10,r2012 Project Status pending Approved 0 Description APPLICATION FOR MARK AND RACHA,EL SCHyVARTS LOT B,Shr1ALL AND LARGE Issued FRIES SUBDIVISION.AMEND ADU DEED RESTRICTION ClosedJFinal Submitted JODY EDWARDS 925 8700 Clock Running Days Expires 915013 Submitted via Owner Last name SCHWART? First name MARK 375 LAKE PARK DR BIRMINGHAM MI 48009 Phone (248)321-8329 Address Applicant �1 Owner is applicant? E Contractor is applicant? Last name KLEIN,COTE&EDWARDS,I First name 201 N ML SUITE 203 Phone (970)925-8700 Cusk# 26875 Address ASPEN CO 81611 Lender Last name First name Phone ( Address 1 lr� the apartment or suite number of the permit address AspenGold5(server) angelas '1 of 1 ;; t y I le r CITY OF ASPEN Permit Receipt RECEIPT NUMBER 00034694 Account Number: 29287 Date: 9/30/2013 Applicant: MARK SCHWARTZ Type: check # 1654 P um Fee Description Amount 0009.2013.OSLU Housing Cash In Lieu 227,231.69 Total: $227,231.69 1' NOTICE OF APPROVAL For an Insubstantial Amendment of an Accessory Dwelling Unit Development Order, allowing for the removal of a mandatory occupancy deed restriction on the property legally described as Lot B, Large and Small Fries Subdivision, commonly known as 609 W. Bleeker Street Parcel ID No. 273512487002 RECEPTION#: 606716, 12/2012013 at 01:34:54 PM, APPLICANT• Rachel and Mark Schwartz 1 OF 4, R $26.00 Doc Code APPROVAL Janice K.Vos Caudill, Pitkin County, CO REPRESENTATIVE: Jody Edwards, Klein, Cote and Edwards SUBJECT & SITE OF AMENDMENT: Removal of a mandatory occupancy deed restriction for an Accessory Dwelling Unit (ADU) via a cash payment for the property known as 609 W. Bleeker Street. The Applicant is requesting an amendment to an ADU development order, pursuant to Land Use Code Section 26.520.090 A, Insubstantial Amendments. SUMMARY: The Applicant has requested to remove the mandatory occupancy deed restriction, which may be removed via a cash payment, per the Land Use Code. Lot B which contains a single family residence and ADU is the result of a historic landmark lot split, granted in 1999 via Ordinance No. 27. The ordinance granted the lot a maximum Floor Area of 2,241 sq. ft. and required Lot B to mitigate for affordable housing. On November 8, 1999, Ordinance No. 44 was passed by the City Council which amended Floor Area calculations and measurements for ADUs, allowing for a "Detached ADU Floor Area Bonus" and a "Mandatory Occupancy ADU Floor Area Bonus." Each bonus allowed up to fifty percent of the net livable square footage of an ADU to be excluded from the calculation of Floor Area and these two exemptions from the calculation of Floor Area were later repealed via Ordinance No. 46 (Series of 2001). Ordinance No. 44 also allowed the bonuses to be combined for a 100% exemption. In the meantime the property owner, at that time, applied for certain dimensional variances for the subject property. The Board of Adjustment granted a variance in both the rear and a side yard for the ADU proposed on the lot via Resolution No. 3 (Series of 2000). In 2001, building permit 0610.2001 was approved to develop a 325 sq. ft. ADU on the site. As the ADU was detached by ten feet from the main residence, fifty percent of the Floor Area was exempt or 162.5 sq. ft. and since the ADU was a mandatory occupancy ADU, the balance of the square footage of the ADU (162.5 sq. ft.) was also exempt from the calculation of Floor Area for the property. STAFF EVALUATION: Staff finds that the request meets the requirements of an Insubstantial Amendment of an Accessory Dwelling Unit development order. The review criteria as outlined in Exhibit A are met. To remove the mandatory occupancy deed restriction, a cash payment of$227,231.69 is required, a new deed restriction permitting voluntary occupancy of the ADU shall be recorded and the mandatory occupancy deed restriction shall be rescinded. As a result of the payment and per the Land Use Code, the bonus floor area associated with the ADU shall be considered a legally created nonconforming structure and subject to the provisions of Chapter 26.312. Page 1 of 2 DECISION: The Community Development Director finds the Insubstantial Amendment of an Accessory Dwelling Unit development order to remove a mandatory occupancy deed restriction as noted above is consistent with the review criteria (Exhibit A) and thereby, APPROVES the request. APPROVED BY: Chris Bendon v Date Community Development Director Attachments: Exhibit A - Review Criteria Exhibit B - Rescission of mandatory occupancy deed restriction (reception no. &V $70) Exhibit C - Voluntary occupancy deed restriction (reception no. k: D 4-;M ( ) Exhibit D - Application Page 2 of 2 Exhibit A - Review Criteria and Staff Findings 26.520.090 Amendment of an ADU or Carriage House Development Order A. Insubstantial amendment. An insubstantial amendment to an approved development order for an accessory dwelling unit or carriage house may be authorized by the Community Development Director if: 1. The change is in conformance with the design standards, Section 26.520.050, or does not exceed approved variations to the design standards; and Staff Finding: The change only amends the deed restriction affecting the ADU and does not change any of the design standards of section 26.520.050. Staff finds this criterion met. 2. The change does not alter the deed restriction for the ADU or carriage house or the alteration to the deed restriction has been approved by the Aspen/Pitkin County Housing Authority. Staff Finding: The change in the deed restriction has been approved by APCHA. Staff finds this criterion met. An amendment application that proposes to remove a mandatory occupancy ADU deed restriction placed on the property prior to adoption of Ordinance No. 46, Series of 2001, may be approved if all of the following criteria are met: a) The mandatory occupancy deed restriction shall have been recorded on the property for a minimum of three (3) years prior to the date of application for its removal. The applicant shall demonstrate a change in circumstances supporting the request to remove the restriction. Staff Finding: The deed restriction was recorded on the property August 3, 2000, via reception number 445739 with the Pitkin County Clerk and Recorder, over thirteen years ago. As noted in the land use application the property has changed hands and the current owners have a nanny assisting in the care of their children and would like to use the ADU to accommodate the nanny. Staff finds this criterion met. b) The mandatory occupancy deed restriction on the ADU is replaced with the minimum ADU deed,restriction allowing voluntary occupancy; and Staff Finding: A revised deed restriction is to be recorded as a condition of approval. Staff finds this criterion met. c) The applicant has obtained approval either: (1) From the City to develop a deed restricted affordable housing unit on a site that is not otherwise required to contain such a unit or from the Aspen/Pitkin County Housing Authority to convert an existing free-market unit and deed restrict the unit to affordable housing status. The replacement affordable housing unit shall be within the Aspen infill area, shall be of a comparable size and type as the ADU, shall be accepted by the Aspen/Pitkin County Housing Authority and shall be deed restricted as a Category 3 or lower, sales unit according to the Aspen/Pitkin County Housing Guidelines, as amended; or (2) From the Aspen/Pitkin County Housing Authority to pay an affordable housing conversion fee, calculated according to the following formula: actual value of parcel $ square footage plus improvements payment ( of bonus floor ) X ( floor area of residence ) area (excluding bonus FAR) Where: • The actual value of the lot plus improvements shall be that value assigned to the lot and improvements in the most current assessment made by the Pitkin County Assessor. • The floor area of the residence shall be calculated pursuant to Subsection 26.575.020.A, as amended. • Payment shall be made in compliance with the applicable requirements for payment-in- lieu contained in the Aspen/Pitkin County Housing Guidelines, as amended. Staff Finding: The applicant is requesting to provide acash payment to remove that mandatory occupancy deed restriction. The floor area bonus that was granted for the ADU to be deed restricted as a mandatory occupancy unit was 162.5 sq. ft. The value of the property, according to the assessor records, is $3,133,700.00. The floor area of the residence is 2,241 sq,ft. Per the calculation noted above, the following cash payment is required. $ Payment = (162.5sq.ft.)X($3,133,700.00) 2,241 sq.ft. $ Payment = (162.5 sq.ft.)X($1,398.35per sq.ft.) $Payment= $227,231.69 d) The structure granted the bonus floor area shall be considered a legally created nonconforming structure and subject to the provisions of Chapter 26.312. Staff Finding: As noted in the notice of approval, 162.5 sq.ft. of floor area of the ADU shall be considered a legally created nonconforming structure. RECEPTION#: 604780, 10/17/..o13 at 111 09:50:04 AM, 1 OF 1, R $11.00 Doc Code RELEASE Janice K.Vos Caudill, Pitkin County,CO RELEASE OF DEED RESTRICTION WHEREAS, an Accessory Dwelling Unit Deed Restriction Pursuant to Section 26.520 of the City of Aspen Municipal Code For Mandatory Occupancy (hereinafter "Agreement") was recorded at Reception No. 445739 on August 3,2000,on a property described below: LOT B, SMALL AND LARGE FRIES SUBDIVISION, according to the Plat thereof recorded in Plat Book 52,Page 19,Reception No.438589,on December 15, 1999,Pitkin County,Colorado Also known as 609 West Bleeker,Aspen,Colorado WHEREAS, the Community Development Department provided a Notice of Approval for the owner to remove the mandatory occupancy deed restriction by providing a cash payment of $227,231.69, and by permitting a voluntary occupancy of the accessory dwelling unit by recording another deed restriction without the mandatory occupancy; WHEREAS,the fee owed is calculated as follows: Bonus Square Footage X(Actual Value of Lot+ Improvements-FAR) 162.5 X($3,133,700-2,241)= $227,231.69 WHEREAS, due to direction from the Community Development Department, the deed restriction recorded at Reception No.445739 will be revoked and extinguished. NOW, THEREFORE, this document shall release the Accessory Dwelling Unit Deed Restriction Pursuant to Section 26.520 of the City of Aspen Municipal Code For Mandatory Occupancy recorded at Reception No. 445739 on August 3,2000. ASPEN/PITKIN COUNTY HOUSING AUTHORITY By: j Tom McCabe, Executive Director STATE OF COLORADO ) ss. COUNTY OF PITKIN ) This instrument was acknowledged before me this day of October 2013, by Tom McCabe, as Executive Director of the Aspen/Pitkin County Housing Authority. Witness my hand and official seal. My Commission Expires: 07/22/2016 Notary Public CINDY CHRISTENSEN Motatrlt Pubik Stitt of Colon RECEPTION#: 6047b., 10/17/2013 at 09:55:18 AM, 1 OF 2, R $16.00 DF $0.00 Doc Code DEED RESTRICT Janice K.Vos Caudill, Pitkin County, CO ACCESSORYDWELLING UNIT DEED RESTRICTION PURSUANT TO SECTION 26.524 OF THE ' CITY OFASPENWATCIPAL CODE THIS ACCESSORY DWELLING UNIT DEED RESTRICTION is made and entered into this day of 2013, by RACHEL KUKES SCHWARTZ AND MARK SCHWARTZ ("Owner") for themselves, their successors and assigns, for the benefit of the City of Aspen, Colorado, a municipal corporation, and the Aspen/Pitkin County Housing Authority, a multi jurisdictional housing authority established pursuant to the FOURTH AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded on January 2, 2008,at Reception No. 545387 of the records of the Pitkin County Clerk and Recorder's Office("Authority"). f WHEREAS,Owner owns that parcel of real property located at 609 West Bleeker, in the City of Aspen, County of Pitkin, Colorado, more specifically described as Lot B, SMALL AND LARGE FRIES SUBDIVISION, according to the Plat thereof recorded in Plat Book 52, Page 19, Reception No. 438589, December 15, 1999, Pitkin County, Colorado, upon which is situate a free-market dwelling unit and an accessory dwelling unit studio with approximately 318 net livable square feet("Unit");and i WHEREAS, Owner agrees to accept and impose certain conditions on the use and occupancy of j the Unit as an accessory dwelling unit under the Aspen Municipal Code. # NOW, THEREFORE, in consideration of the mutual promises and obligations contained where, the Owner hereby covenants and agrees as follows: 1. The Unit as identified hereinabove shall not be condominiumized and,if rented,shall be rented only in accordance with the guidelines as adopted and as may be amended from time to time by the Authority governing"resident-occupied"dwelling units. 2. Owner need not rent the Unit; however, when rented, only qualified employees, as defined in the Housing Guidelines,shall reside therein and all rental terms shall be for a period of not less than six (6)consecutive months. Owner shall maintain the right to select the qualified employee of its own choosing when renting the Unit. An executed copy of all leases for the Unit shall be submitted to tlue Authority within ten(10)days of the approval of a qualified employee. 3. The covenants and limitations of this deed restriction shall run with and be binding on the land for the benefit of the City of Aspen and the Authority, either of which may enforce the provisions thereof through any proceedings at law or in equity,including eviction of non-complying tenants. 4. It is understood and agreed by the Owner that no waiver of a breach of any term or condition as contained in this deed restriction shall be construed to be a waiver of any breach of the same or other term or condition, nor shall failure to enforce any one of the teens or conditions, either by forfeiture or otherwise,be construed as a waiver of any tern or condition. 5. There is hereby reserved to the parties' hereto any and all remedies provided by law for breach of this Agreement or any of its terns. In the event the parties resort to litigation with respect to any or all provisions of this Agreement, the prevailing party shall recover damages and costs, including reasonable attorney's fees. 6. Owner and Authority stipulate and agree that, in accordance with CRS 38-12-301(1)(a)and(b), this Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent and/or KLEIN, COTE & EDWARDS, LLC SEP 1 0 2012 ryCITY OF ATTORNEYS AT LAW COWUNITY DEWLOrmC�NT HERBERT S.KLEIN' hsk @kcelaw.net 201 NORTH MILL STREET,STE.203 LANCE R.COTE,PCZ Irc @kcelaw.net ASPEN,COLORADO 81611 JOSEPH E.EDWARDS,111,PC' jee @kcelaw.net TELEPHONE:(970)925-8700 KENNETH E.CITRON' kcitron@kcelaw.net FACSIMILE:(970)925-3977 MADHU B.KRISHNAMURTI mbk @kcelaw.net www.kcelaw.net OF COUNSEL: JOSEPH E.EDWARDS,JR.,pC4joe@kcelaw.net also admitted in Hawaii z also admitted in California also admitted in New York and Massachusetts °also admitted in Texas September 10, 2012 Amy Guthrie Historic Preservation Officer Aspen Community Development Department 130 South Galena Aspen, CO 81611 Re: Schwartz—609 West Bleeker Street; PID: 273512487002; Insubstantial Amendment to Accessory Dwelling Unit(ADU) Development Order Dear Amy: As you know, we represent Dr. Mark Schwartz and Mrs. Rachel Schwartz, the owners of Lot B, Small and Large Fries Subdivision, more commonly known as 609 West Bleeker, Aspen, CO (the "Property"). This letter and the accompanying documents constitute our application for an insubstantial amendment to the development approval for the Property. Ordinance 27 (Series of 1999)required that the Property provide affordable housing as a condition of approval of a subdivision exemption for an historic lot split. The then-owner of the Property elected to place an ADU restriction on the Property that contained a mandatory occupancy restriction. That ADU Deed Restriction is recorded at Reception No. 445739 of the Pitkin County Records. Municipal Code Section 26.520.090.A. provides for an insubstantial amendment to an approved development order to remove a mandatory occupancy restriction for an ADU placed on property before 2001, when the Code was amended to allow for ADUs without mandatory occupancy. In order to qualify for the removal of mandatory occupancy requirement for an ADU, an applicant is required to address each of the following four criteria (listed in italics with responses to each set forth below the requirement). a. The mandatory occupancy deed restriction shall have been recorded on the property for a minimum of three (3)years prior to the date of application for its removal. The applicant shall demonstrate a change in circumstances supporting the request to remove the restriction. Amy Guthrie September 10, 2012 Page 2 A copy of the recorded mandatory occupancy deed restriction is enclosed. The deed restriction was recorded against the property more than 12 years ago. The changed circumstances are that since that time the Property has been acquired by Dr. and Mrs. Schwartz. Dr. and Mrs. Schwartz have three young children and a nanny who assists with the care of the children. The Schwartz' would like to use the ADU for their nanny to live in when the family is in Aspen. b. The mandatory occupancy deed restriction on the ADU is replaced with the minimum ADU deed restriction allowing voluntary occupancy; and The Schwartz' are willing to record a revised ADU deed restriction on the standard APCHA form allowing for voluntary occupancy of the ADU. c. The applicant has obtained approval either: (1) N/A; or (2) From the Aspen/Pitkin County Housing Authority to pay an affordable housing conversion fee, calculated according to the following formula: $Payment =SF of bonus floor area X(actual value of the parcel plus improvements -floor area of the residence (excluding the bonus FAR). Where: • The actual value of the lot plus improvements shall be that value assigned to the lot and improvements in the most current assessment made by the Pitkin County Assessor. • The floor area of the residence shall be calculated pursuant to Subsection 26.575.020.A, as amended. •Payment shall be made in compliance with the applicable requirements for payment-in-lieu contained in the Aspen/Pitkin County Housing Guidelines, as amended. We understand the payment amount is $174,862.50, which the Schwartz' are willing to pay on approval. d. The structure granted the bonus floor area shall be considered a legally created nonconforming structure and subject to the provisions of Chapter 26.312. No response required. I certify that I am an attorney licensed to practice in Colorado; that Dr. Mark and Mrs. Rachel Schwartz are the owners of the Property; and that, other than the items shown on Exhibit A to the enclosed Special Warranty Deed, there are no mortgages,judgments, liens, easements contract or agreements recorded against title to the Property. Amy Guthrie September 10, 2012 Page 3 Also, enclosed are the following: (1) A check payable to the City of Aspen in the amount $2,835.00 for the APCHA review fee and the deposit for three hours of staff time; (2) Pre-Application Summary; (3) Attachment 1, Signed Fee Agreement; (4) Attachment 2, Land Use Application Form; (5) Letter of Authorization for me to file this application; (6) A map showing the location of the subject Property within the City; (7) Copy of the Special Warranty Deed to the Property by which the Schwartz' took title; (8) Plans, elevations and site plan depicting the ADU and required on-site parking space; and (9) A copy of the existing ADU Deed Restriction. Please let me know if you need any additional information or documents from me. Very truly yours, KLEIN, COTE & EDWARDS, LLC By: Jose . Edwards, III CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Guthrie DATE: 8.21.2012 PROJECT: 609 W. Bleeker REPRESENTATIVE: Jody Edwards OWNER: Mark Schwartz, mark @mssphd.com TYPE OF APPLICATION: Amended agreement with City DESCRIPTION: 609 W. Bleeker is a lot that was created through a Historic Landmark Lot Split approved by City Council Ordinance #27, Series of 1999. The property owner is interested in amending an affordable housing requirement that was established as part of a setback variance granted by Board of Adjustment Resolution #3, Series of 2000, during the initial development of the existing single family house and on-site Accessory Dwelling Unit. The applicant would like to remove the condition that the Accessory Dwelling Unit be mandatory occupancy and instead would like to be able to choose the cash-in-lieu mitigation option available in the Land Use Code. The City Attorney has determined that removal of the mandatory occupancy requirement and acceptance of cash- in-lieu payment is at the discretion of City Council. The agreement between the City and 609 W. Bleeker (BOA resolution #3, Series of 2000) needs to be amended via the adoption of a resolution to allow cash in lieu payment as mitigation and to remove the mandatory occupancy requirement. This is not a public hearing but shall occur during a City Council public meeting. A referral comment will be sought from the Aspen/Pitkin County Housing Authority prior to the meeting. If the Accessory Dwelling Unit is removed through payment of a fee, the alley unit must be remodeled to remove one or more of the elements that allows it to function as an independent dwelling; namely the owner must receive a building permit to remove the refrigerator, sink and/or cooking appliance. Below are links to the Land Use Application form and Land Use Code for your convenience. Land Use Application Form: hftp://www.as en itkin com/Portals/O/docs/City/Comdev/Apps%20and%20Fees/2011%20land%20use%20app%2 Oform.pdf Land Use Code: http//www aspenpitkin com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use- Code/ Land Use Code Section(s) 26.104.100 Definitions - Dwelling Unit 26.304 Common Development Review Procedures Review by: - Planning Staff for compliance/completeness -APCHA for Housing referral - City Council Public Hearing: No. Planning Fees: $1,890.00 Deposit for 6 hours of staff time. Additional staff time required is billed at $315/hour Referral Fees: Housing Referral - $945.00 (flat fee) Total Deposit: $2,835.00 Total Number of Application Copies: 13: 3 for Staff and Referrals, 10 for Council To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. A letter explaining the requested change to the agreement. 10.Plans, elevations and site plan depicting the Accessory Dwelling Unit and the required on-site parking space. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 202u RFCFIVED 10 2012 CITY OF AS EN COMMUNITY MOPMENT , , 4 i Agreement to Pay Application Fees Anagreement between the City of Aspen "Ci and Property Mark Schwartz 4 Phone No.: Owner('11: Rachel Kukes Schwartz Email: ma-rk@ipssphd.com Address of 609 West Bleeker St. Billing 375 Fake Park Dr Property: Aspen, CO 81611 Address: Birmingham, Ml 48009 (subject of (send bills here) application) I understand that the City has adopted,via Ordinance No. ,Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ 945.00 flat fee for APCHA referral $ flat fee for $ flat fee for $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. 1 understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read,understood,and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 1890.00 deposit for 6 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$315 per hour. $ deposit for hours of Engineering Department staff time.Additional time above the deposit amount will be billed at$265 per hour. City of Aspen: Property Owner: Mark and Rachel Kukes Schwartz Chris Bendon Community Development Director Name: Mark Schwartz City Use: Title: Owner Fees Due:$ Received:$ 2011 F i 920-5090 RECFIVED SEP 10 2012 CITY OF ASPEN ATTACHMENT 2—LAND USE APPLICATION COMMUNITY DEVELOPMEW PROJECT: Name: Schwartz Location: Lot B Small and Large Fries Subdivision, per Plat @PB52 pg. 19 (Indicate street address,lot&block number,legal description where appropriate) Parcel ID#(REQUIRED) 273512487002 APPLICANT: Name: Mark and Rachel Schwartz Address: 375 Lake Park Drive, Birmingham, MI 48009 Phone#: 248-321-8329 REPRESEN''IATIVE: - - - - Name: Joseph E. Edwards, III Address: 201 N. Mill St. , #203 Aspen, CO 81611 Phone#: 925-8700 TYPE OF APPLICATION:(please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA—8040 Greenline,Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA Margin,Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment Other: Amend ADU ❑ Conditional Use Deed Restriction EXISTLNG CONDITIONS: (description of existing buildings,uses,previous approvals,etc. Developed PROPOSAL: (description of proposed buildings,uses,modifications,etc. Remove mandatory occupancy requirement of ADU deed restriction Have you attached the following? FEES DUE:S 2,835.00 Pre-Application Conference Summary Attachment#1,Signed Fee Agreement ❑ Response to Attachment#3,Dimensional Requirements Form ❑ Response to Attachment#4,Submittal Requirements-Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of all written text (Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. Dr.Mark Schwartz and Rachel Kukes Schwartz 375 Lake Park Drive Birmingham,MI 48009 (248)321-8329 September 6,2012 Amy Guthrie Historic Preservation Officer Aspen Community Development Department 130 South Galena Aspen, CO 81611 Re: 609 West Bleeker Street,Aspen,CO; PID: 273512487002 Dear Amy: My wife,Rachel Schwartz, and I are the owners of the above-referenced property ("Property"). Our address and telephone number are above. We do hereby authorize Klein, Cotd &Edwards,LLC,201 North Mill Street, Ste. 203,Aspen, CO,Tele: (970) 925-8700 to act as our designated representative with respect to any land use applications submitted to your office concerning the Property. Jody Edwards of that firm is authorized to submit such land use applications as he shall deem appropriate concerning the Property,including an application for insubstantial amendment to the ADU Development Order. Further,he is authorized to represent us in any meetings or hearings with staff and before APCHA and the City's decision-making bodies. Should you have any need to contact us during the course of your review of this application,please do so through Jody Edwards. Sincerely, Dr.Mark Schwartz Page 1 of 1 GIs Department Send Feedback Disclaimer Nelp Aspen Area Base Map-demonstration site SaarHf Property Owner or PIN Find Street Flnd Address Print 1:813 Go ('4 6=+ kr". A C' Results /,f Hap Contents - t alb J w.,..- e _ 3 Road Name Labels El J CityBase '(�-•--i! / C --` ec.-(�(J ' 'at J Address Labels -- r �„ AspenC t ity J t .Y L — ©,.;., 1• ® J Building 8 J Road 3.t f• : t ) ,: l_f : L C...:- , r _ - r ' E! ✓Stream r CV r ($ ✓Parcel : � 7��; �r � z= :� r t .�t f F B Park J {t - �r r _.. t f " f 1. , f EY Federal Land B J Zoning layers 03 8040 Greeniine Ct' City Over ; lay -- E l x r j f z r w Mountain Viewplane 19 UGB r v^.r NIS[otiC District � >..,.. -7 .: � r t r •. 9 J 2008 Aerial 83 RGB F~ i Yf f '' ,r • i c rtl j li ri i + 1f _. WMgEys iT ry -... • ..- - J. http://205.170.51.230/citybase/ 9/5/2012 RECEPTION#: 575947, 12/16/2010 at 02:00:04 PM, 1 OF 4, R $26.00 DF $231.25 Janice K. Vos Caudill, Pitkin County, CO SPECIAL WARRANTY DEED THIS DEED,Made December 14,2010 Between 225 Smuggler,LLC,(collectively"Grantor")of the County of Pitkin and State of Colorado, and Rachel Kukes Schwartz and Mark Schwartz(collectively"Grantee")whose address is 375 Lake Park Drive,Birmingham,MI 48009. Witnesseth that Grantor,for Ten Dollars and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,hereby bargains,sells and conveys to Grantee,all of the following described lots or parcels of land,situate,lying and being in the County of Pitkin and State of Colorado,to wit: A 50%interest in the real property described as: LOT B,SMALL AND LARGE FRIES SUBDIVISION,ACCORDING TO THE PLATE THEREOF RECORDED DECEMBER 15, 1999 IN PLAT BOOK 52 AT PAGE 19 AS RECEPTION NO. 438589 COUNTY OF PITKIN,STATE OF COLORADO. Also known as:609 W.Bleeker,Aspen,Colorado 81611. Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof;and all the estate,right,title,interest,claim and demand whatsoever,of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,unto the Grantee,its successors and assigns forever;and Grantor warrants the title against all persons claiming under Grantor,subject to those items set forth on Exhibit A attached hereto and incorporated herein by this reference,all of the records of the Pitkin County Clerk and Recorder's Office. The singular shall include the plural,the plural the singular,and the use of gender shalt be applicable to all genders. IN WITNESS WHEREOF,the Grantor has hereunto set its hand and seat. SIGNATURES ON PAGE 2 DME ,.c rte' I RECEPTION#: 575947, 12/16/2010 at 02:00:04 PM, 2 OF 4, Janice K. Vos Caudill, Pitkin County, CO SIGNATURE PAGE TO SPECIAL WARRANTY DEED 225 SMUGGLER LLC a Colorado limited liability company By: Lorene ez, anager and Member By: Cecil M.Hernandez,lVager and Member STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 14 day of December,2010,by Lorene M.Hernandez,Manager and Member of225 SMUGGLER LLC,a Colorado limited liability company. Witness my hand and official seal. My commission expires Notary Public KATHERINE STASKAUSKAS STATE OF COLORADO ) NOTARY PUBLIC ss. STATE OF COLORADO COUNTY OF PITKIN ) My Commission Expires Sept.12,2013 The foregoing instrument was acknowledged before me this 14 day of December,2010,by Cecil M.Hernandez,Manager and Member of 225 SMUGGLER LLC,a Colorado limited liability company. ESTATE E STASKAUSKAS Witness my hand and official seal. RY PUBLIC COLORADO My commission expires MY Commission Expires Sept.12,2013 No ary Public 2 RECEPTION#: 575947, 12/16/2010 at 02:00:04 PM, 3 OF 4, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT A EXCEPTIONS TO SPECIAL WARRANTY DEED 1. Taxes for 2009 and prior years due and payable in 2010;and any tax,special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 2. Unpatented mining claims,reservations or exceptions in patents or in Acts authorizing the issuance thereof,water rights,claims or title to water,whether or not any of the above are shown in the public records. 3. Reservations and exceptions as set forth in the deed from the City of Aspen described in Book 59 at Page 361 providing as follows:"that no title shall be hereby acquired to any mine of gold,silver,cinnabar or copper,or to any valid mining claim or possession held under existing laws." 4. Any and all easements,rights-of-way,plat notes,and any other matters as shown on the Plat recorded December 15, 1999 in Plat Book 52 at Page 19 under Reception No. 438589. 5. Terms,conditions,provisions,conditions and obligations of Resolution No.33,Series of 1999 Recorded September 13, 1999 under Reception No.435419. 6. Terms,agreements,provisions,conditions and obligations of Resolution No.39,Series of 1999 recorded September 13, 1999 under Reception No.435424. 7. Terms,agreements,provisions,conditions and obligations of Resolution No.40,Series of 1999 recorded October 7, 1999 under Reception No.436337. 8. Terms, agreements, conditions and obligations of Revocable Encroachment License recorded June 5,2000 under Reception No.443896. 9. Terms,conditions and provisions of Resolution 430,Series of 2000 recorded August 10, 2000 at Reception No.445979. 10. Terms, agreements, provisions, conditions and obligations of Resolution No. 00-03, Series of 2000, granting a variance with conditions, recorded September 8, 2000 as Reception No.446818. 11. Terms,agreements,provisions,conditions and obligations of Ordinance No.27,Series of 1999,regarding approval for a subdivision exemption for an historic landmark lot split, recorded October 5,2000as Reception No.447704. 3 RECEPTION#: 575947, 12/16/2010 at 02:00:04 PM, 4 OF 4, Janice K. Vos Caudill, Pitkin County, CO 12. Terms, agreements, provisions, conditions and obligations of Small and Large Fries Historic Lot Split Subdivision Exemption Agreement recorded October 25, 2000 as Reception No.447705. 13. Terms, conditions and provisions of deed restriction recorded August 3, 2000 at Reception No.445734. 14. Terms,conditions and provisions of Sidewalk Improvement Agreement recorded October 01,2001 at Reception No.459217. 4 I lei rriri iiii iiri 445739 08/03/2000 09:49A DEED RLO DAVIS SILVI 1 of 3 R 15.00 D 0.00 N 0.00 PITKIN COUNTY CO ACCESSORY DWELLING UNIT DEED RESTRICTION PURSUANT TO SECTION 26,520 OF THE CITY OF ASPEN MUNICIPAL CODE FOR MANDATORY OCCUPANCY THIS ACCESSORY DWELLING UNIT DEED RESTRICTION is made and entered into this S'�day of July, 2000, by Small and Large Fries("Owner")for itself,its successors and assigns, for the benefit of the City of Aspen, Colorado, a municipal corporation, and the Aspen/Pitkin County Housing Authority, a multi jurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTER- GOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorders Office("Authority"). WHEREAS, Owner owns that parcel of real property located at 609 West Bleeker, in the City of Aspen, County of Pitkin, Colorado, more specifically described as Lot B, of the Small and Large Fries Subdivision, Plat Recorded in Book 52, Page 19, of the Pitkin County Clerk and Recorder, upon which is situate an accessory dwelling unit,to contain a studio unit,approximately 318 net livable square feet("Unit");and WHEREAS, Owner agrees to accept and impose certain conditions on its use and occupancy of the Unit as an accessory dwelling unit under the Aspen Municipal Code. NOW, THEREFORE, in consideration of the mutual promises and obligations contained where,the Owner hereby covenants and agrees as follows: 1. The Unit as identified hereinabove shall not be condominiumized and shall be rented only in accordance with the guidelines as adopted and as may be amended from time to time by the Authority governing"resident-occupied"dwelling units. ' 2. The Owner must rent the Unit to qualified residents, as defined in the Housing Guidelines, the tenants shall reside therein and all rental terms shall be for a period of not less than six(6)consecutive months. Owner shall maintain the right to select the qualified resident of its own choosing. An executed copy of all leases for the Unit shall be submitted to the Authority within ten (10)days of the approval of a qualified resident. The tenants shall be qualified by the Housing Authority PRIOR to occupancy. 3. The covenants and limitations of this deed restriction shall run with and be binding on the land for the benefit of the City of Aspen and the Authority, either of whom may enforce the provisions thereof through any proceedings at law or in equity, including eviction of non-complying tenants. 1111111111 '11 1111131 IN 445739 08/03/2000 09:49A DE R a DAVIS SILVI 2 of 3 R 15.00 D 0.00 N 0.00 PITKIN COUNTY CO 4. It is understood and agreed by the Owner that no waiver of a breach of any term or condition as contained in this deed restriction shall be construed to be a waiver of any breach of the same or other term or condition, nor shall failure to enforce any one of the terms or conditions, either by forfeiture or otherwise, be construed as a waiver of any term or condition. IN WITNESS HEREOF, Owner has placed its duly authorized signature hereto on the date as described above. OWNERS: Mail Ad ess: 2 Pv\Jvv A C� , STATE OF ) ss. COUNTY OF } The foregoing instrument was acknowled d before me this.;!day of 2000, by ct(� WITNESS MY hand and official seal. My Commission expires: --fu_) Date Notary Public sf�TE OF GG� 2 ivi all an 1 n IIIII III, E !���I�������I 445739 06/ 3 of 3 R 15.00 D 0.00 N 0.00 PITKIN COUNTY CO ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Housing Authority. THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY Ja q elyn A. Kasabach,Chairperson Mailing Address: 530 East Main Street,Suite 001 Aspen, CO 81611 STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this Lq day of ,�T 2000, by Jacquelyn A. Kasabach. WITNESS MY hand and official seal. My Commission expires: bate 1r 11 SPY pUe Notary Public 1 t CINDY Vorrns\adu man.d i.CHRISTENSEN j `rf, O 9l..................... P FOF CD�O� 3 Jennifer Phelan From: Cindy Christensen Sent: Wednesday, August 14, 2013 12:42 PM To: Jennifer Phelan Subject: RE: 609 W. Bleeker IThe Code rules on this one. Cindy Christensen Operations Manager Aspen/Pitkin County Housing Authority 970-920-5455 / Fax 970-920-5580 cindy.christensen @cityofaspen.com www.aspenhousingoffice.com -----Original Message----- From: Jennifer Phelan Sent: Wednesday, August 14, 2013 11:54 AM To: Cindy Christensen Subject: FW: 609 W. Bleeker Hi Cindy: 609 W. Bleeker is ready to remove the mandatory occupancy requirement associated with the ADU, they are coming up to a deadline to figure things out. Since This first came up in 2012, I'll provide a quick summary: 609 was built with an ADU, as part of a floor area bonus allowance in effect (circa 2000) the ADU was required to be mandatory occupancy. The land use code permits the removal of the mandatory occupancy requirement with a cash payment in lieu. Applicant is going to proceed with removal of the mandatory occupancy requirement. This will only remove the deed restriction for mandatory occupancy, it will still be an ADU and need to have an appropriate deed restriction recorded on the ADU (I'm guessing not required to be rented but if rented to a local working resident). Jody Edwards is working on this and I have suggested that the next steps are for me to write a formal approval of the removal of the deed restriction and acceptance of the cash-in-lieu, to have Jody work with you on the removal of the mandatory occupancy deed restriction and approval of a new, standard ADU deed restriction. Once these items are ready, we'll accept the cash-payment and record all documents. Also, the original referral mentioned an option to pay cash-in-lieu for 1.25FTEs at Cat. 4, I just want to mention that the option is about 50K less than what the land use code will require as a fee-in-lieu. I'm guessing you just want me to collect the code amount as it is a greater amount. Let me know if I'm missing anything or if you have questions. Thanks, Jen Jennifer Phelan, AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 i 970-429-2759 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. -----Original Message----- From: Cindy Christensen Sent: Monday, September 24, 2012 8:56 AM To: Jennifer Phelan Subject: RE: 609 W. Bleeker Hopefully, the attached memo will work for you on this. Cindy Christensen Aspen/Pitkin County Housing Authority Operations Manager 970-920-5455/Fax 970-920-5580 -----Original Message----- From: Jennifer Phelan Sent: Monday, September 24, 2012 8:47 AM To: Cindy Christensen Subject: RE: 609 W. Bleeker Sorry Cindy, I went on vacation. It was not required to be mandatory by code, the developer offered that during the hearing before the Board of Adjustment for a setback variance. Jennifer Phelan, AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 www.aspenpitkin.com -----Original Message----- From: Cindy Christensen Sent: Friday, September 14, 2012 9:38 AM To: Jennifer Phelan Subject: RE: 609 W. Bleeker I just want to verify -- the original owner did not have to make the unit mandatory occupancy? Cindy Christensen 2 MEMORANDUM TO: Jennifer Phelan FROM: Cindy Christensen DATE: September 20, 2012 RE: BUY-OUT OF MANDATORY OCCUPANCY ADU LOCATED AT 609 WEST BLEEKER ISSUE: The owners of a home located at 609 West Bleeker are requesting to buy-out of the mandatory occupancy accessory dwelling unit (ADU). BACKGROUND: The property located at 609 West Bleeker was a lot that was created through the Historic Landmark Lot Split that was approved by City Council Ordinance No. 27, Series of 1999. The owner at the time volunteered to do a mandatory occupancy deed restriction. The owner did not receive a floor area ratio (FAR) bonus for the development, but was granted a setback variance by the Board of Adjustment. The applicant is requesting that the ADU remain, but that a .revised deed restriction replaces the existing deed restriction that does not contain a mandatory occupancy clause. DISCUSSION: The ADU program has shown to be ineffectual in providing needed housing for employees. Even with the mandatory occupancy units, the owner can charge such a high rent that the unit is not filled. APCHA has been trying to remove the ability for a developer/owner to mitigate via the ADU program. Staff would prefer the cash-in-lieu and allow the owner to revise the current deed restriction. The payment that would be due, because the owner did not receive a FAR bonus, would be $174,862.50. This is a studio unit that has a standard occupancy of 1.25 FTE's. Since there is not a category associated with the mandatory occupancy clause, the Category 4 cash-in-lieu fee is utilized; therefore, 1.25 X $139,890 = 174,862.50. This is a recommendation to the City Council. The City Attorney has determined that removal of the condition that the ADU have a mandatory occupancy requirement and acceptance of the cash- in-lieu fee is at the discretion of City Council; however, the Community Development Department is requesting a referral from the Aspen/Pitkin County Housing Authority prior to the City Council meeting. RECOMMENDATION: The Board recommends approval to City Council to remove the mandatory restriction in order of pref6rence stated below: 609 W.Bleeker Mandatory Occupancy ADU Buy-Out Page 1 1. Request the applicant purchase 1.25 affordable housing credit certificates at Category 4; or 2. Provide a cash-in-lieu payment for 1.25 FTE's at the Category 4 rate that is in effect at the time of removal. Once proof has been provided to APCHA for the mitigation requirement, a document releasing the ADU deed restriction shall be recorded, releasing the current one that was recorded on August 3, 2008 at Reception No. 445739. 609 W.Bleeker Mandatory Occupancy ADU Buy-Out Page 2 Parcel Detail Page 1 of 3 Pitkin County Assessor Parcel Detail Information \KID Assessor Property Search ( Assessor Subset Q uery I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Matz I GIS Help v Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I l...and Detail I Photographs Tax Account Parcel 2012 Mill Area Number Number Property Type ,', Levy =1 R017160 11273512487K2]ES:IDENTIALIJ 32.325 Primary Owner Name and Address SCHWARTZ RACHEL KUKES & MARK 375 LAKE PARK DR BIRMINGHAM, MI 48009 Additional Owner I:)etail Legal Description Subdivision: SMALL AND LARGE FRIES Lot: B Location Physical Address: 609 W BLEEKER ST ASPEN Subdiv ISMALL AND LARGE FRIES Land Acres: 0.000 Land Sq Ft: IF4,500 2013 Property Value Summary IF Actual Value Assessed Value Land: j 1,700,000 135,320 Improvements: 11 1,433,700 114,120 http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=RO17160 8/14/2013 Parcel Detail Page 2 of 3 Total: I 3,133,700 249,440 Sale Date: 12/14/2010 Sale Price: 2,312,500 Additional Sales Detail Basic Building Characteristics Number of Residential 2 Buildings: Number of Comm/Ind LO -- Buildings: Residential Building Occurrence 0 Characteristics FINISHED BSMT: 111,519 2ND FLOOR: 985 FIRST FLOOR: 11,184 WOOD DECK: 335 FINISHED GARAGE: 11285 Total Heated Area: 3,688 Property Class: SINGLE FAM RES- IMPROVEMEN Actual Year Built: 112001 Effective Year Built: 12005 Bedrooms: 114 Baths: 114.5 Quality of Construction: IN G T 13 Exterior Wall: JFWOOD SD GO Interior Wall: DRYWALL Floor: 11WOOD Floor: JHARD TILE Floor: 11CARPET Heat Type: IFORCED AIR Heating Fuel: GAS Roof Cove ICEDAR SHAK Roof Structure: GABLE/HIP Neighborhood: INORTH "WEST END" ASPEN Super Nbad: ICITY OF ASPEN http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=RO17160 8/14/2013 I-A -14 1 zn luvi rz- ED ,ncc_ � CN r p 4f l Part 500—Supplemental Regulations I L Sectim. 66.52 .040 Chapter 26.520 ACCESSORY DWELLING UNITS Sections: 26.520.010 Purpose. 26.520.020 Accessory dwelling units. 26.520.010 Purpose. The purpose of this Chapter is to set forth the review standards for the construction of accessory dwelling units. 26.520.020 Accessory dwelling units. A. General provisions. 1. Accessory dwelling units shall contain not less than three hundred (300) square feet and not more than seven hundred (700) square feet. The unit shall be deed restricted, meeting the housing authority's guidelines for resident occupied units. If the unit is rented, it shall be limited to rental periods of not less than six (6) months in duration. Owners of the principal residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. One (1) parking space shall be provided on-site for each studio unit, and for each bedroom within a one- or two-bedroom accessory dwelling unit. 2. An attached accessory dwelling unit shall be subject to all other dimensional requirements of the underlying zone district. 3. An attached accessory dwelling unit shall utilize alley access to the extent practical. u. Development review standards. The review standards for an accessory dwelling unit are as follows: 1. The proposed development is compatible and subordinate in character with the primary residence located on the property and with the development located within the neighborhood, and assuming year-around occupancy, shall not create a density pattern inconsistent with the established neighborhood; 2. For detached accessory dwelling units, where the proposed development varies from the dimensional requirements of the underlying zone district, the Planning and Zoning Commission shall find that such variation is more compatible in character with the primary residence than the development in accord with dimensional requirements. The following dimensional requirements may be varied: City of Aspen Land Use Code Page-236 Revised 01/01/99 Part 500—Supplemental Regulations Section 26.520.040 a. Minimum front and rear yard setbacks; b. Minimum distance between buildings on the lot; C. Maximum allowed floor area may be exceeded up to the bonus allowed for accessory dwelling units; d. Minimum sideyard setbacks- may be reduced to three (3) feet; e. The maximum height limits for detached accessory dwelling units in the R-6 zone district may be varied at the rear one-third (1/3) of the parcel, however, the maximum height of the structure shall not exceed eighteen (18) feet. On Landmarked Designated Parcels and within.the Historic Overlay District the Historic Preservation Commission shall have the ability to make such height variations. f. Maximum allowable site coverage may be varied up to a maximum of five (5) percent, on Landmark Designated Parcels and within an Historic Overlay District the Historic Preservation Commission shall have the ability to make such site coverage variations; , g. In the case where the proposed detached accessory dwelling unit is located on a Landmark Designated Parcel or within an Historic Overlay District only HPC may make dimensional variations pursuant to Section 26.415. 3. The Planning and Zoning Commission and the Historic Preservation Committee may exempt existing nonconforming structures, being converted to a detached accessory dwelling unit, from Sections 26.520.030(B)(2)(a) through (h) provided that the nonconformity is not increased. 4. Conditional use review shall be granted pursuant to Section 26.425, Standards applicable to all conditional uses. C. Bandit units. Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to November 1, 1988, and which complies with the requirements of this section may be legalized as an accessory dwelling unit, if it shall meet the health and safety requirements of the Uniform Building Code, as determined by the Chief Building Official. D. GMQS/replacement housing credits. Accessory dwelling units shall not be used to obtain points in the affordable housing category of the Growth Management Quota System (GMQS). Accessory dwelling units also may not be used to meet the requirements of Chapter 26.530 'Residential Multi-Family Housing Replacement Program." City of Aspen Land Use Code Page-237 Revised 01101199 Part 500—Supplemental Regulations Section 26.520.040 E. FAR for accessory dwelling units. Section 26.57-5.020(A)(7) sets forth the method for calculating the floor area ratio and allowable square footage for accessory dwelling units. . City of Aspen Land Use Code Page-238 Revised 01101/99 Part 500—Supplemental Regulations Section 26.575.020 6. Accessory Dwelling . For the purpose of calculating floor area ratio and allowable floor area for a lot whose principal use is residential, the following shall apply: The allowable floor area of an attached accessory dwelling unit shall be excluded up to a ( maximum of three hundred fifty (350) square feet of allowable floor area or fifty (50) percent of the size of the accessory dwelling unit whichever is less. This floor area exclusion provision shall only apply to accessory dwelling units which are subject to .} conditional use review and approval pursuant to Section 26.425 of this code. In addition, \�- the units shall be deed restricted, registered with the Aspen/Pitkin County Housing j,J Authority, and rented to an eligible working resident of Pitkin County. The owner shall � �°� retain the right to select the renter for the unit. The floor area of a detached accessory dwelling unit separated from a principal structure by a distance of no less than ten (10) feet with a maximum footprint of four hundred fifty (450) square feet, shall be excluded up to a maximum of three hundred fifty (350) square feet of allowable floor area or fifty (50) percent of the size of the accessory dwelling unit whichever is less. This floor area exclusion provision shall only apply to accessory dwelling units which are subject to conditional use review and approval pursuant to Section 26.425 of this code. In addition, the unit shall be deed restricted, registered with the Aspen/Pitkin County Housing Authority, and available for rental to an eligible working resident of Pitkin County. The owner shall retain the right to select the renter for the unit. 7.. Linked Pavilion. An element linking a principal structure to an accessory structure shall not be included in the calculation of floor area provided that the linking structure is no more than one (1) story tall, six (6) feet wide, and ten (10) feet long. Areas of linking structures in excess of ten feet in length shall be counted in floor area. B. Building Heights. 1. Methods oMeasurement for Varving Tomes of Roofs. a. Flat Roofs or Roofs With a Slope of Less Than 3:12. The height of the building shall be the maximum distance measured vertically from the natural or finished grade, whichever is lower, to the top or ridge of a flat, mansard,.or other roof with a slope of less than 3:12. b. Roofs With a Slope From 3:12 to 7:12. For roofs with a slope from 3:12 to 7:12, height shall be measured vertically from the natural or finished grade, whichever is lower, to the mean height between the eave point and ridge of a gable, hip, gambrel or other similar pitched roof. The ridge of a gable, hip, gambrel, or other pitched roof shall not extend over five feet above the maximum height limit. C. Roofs With a Slope of 8:12 or Greater. For roofs with a slope of 8:12 or greater, height shall be measured vertically from the natural or finished grade, whichever is lower, to a point one-third (1/3) of the distance up from the eave point to the ridge. City of Aspen Land Use Code Page-245 Revised 01/01199 1 Now 0.14 mz / !' a 131 r. CAp'. v r% .... ..... tRN j 1.4 i. .... ...... 01)I R�4 ............ 14 !It Kk .J gj ............ fir., Iltlll�����lillll IlltlllAillllll11111 III II111 OF IN 447704 10/05/2000 10c52A ORDINANC DAVIS SILVI 1 of 5 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO ORDINANCE No.27 (SERIES OF 1999) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING APPROVAL FOR A SUBDIVISION EXEMPTION FOR AN HISTORIC LANDMARK LOT SPLIT AT 121 N.FIFTH STREET,LOTS G,H,AND 1, BLOCK 24,CITY AND TOWNSITE OF ASPEN WHEREAS,pursuant to Sections 26.88.030(A)(2)and(5)and 26.72.010(G)of the Municipal Code,an Historic Landmark Lot Split is a subdivision exemption subject to review and approval by City Council after obtaining a recommendation from the Historic Preservation Commission(hereinafter HPC); and WHEREAS,the applicant,Small and Large Fries,LLC,has requested to split the 9,000 square foot parcel to create two separate single-family residential lots of 4,500 square feet each; and WHEREAS,pursuant to Section 26.72.010(G)of the Municipal Code,the HPC reviewed the request for the historic lot split at a properly noticed public hearing on June 23, 1999 and recommended approval; and WHEREAS,the Community Development Department has reviewed the application and recommended approval of the Historic Landmark Lot Split,with conditions;and WHEREAS,the Aspen City Council has reviewed and considered the subdivision exemption under the applicable provisions of Chapters 26.72,26.88,and 26.100 of the Municipal Code as identified herein,has reviewed and considered those recommendations made by the Community Development Department,and the Historic Preservation Commission,and has taken and considered public comment at a public hearing; and WHEREAS,the City Council finds that the Historic Landmark Lot Split,with conditions,meets or exceeds all applicable development standards of the above referenced Municipal Code sections; and WHEREAS,the City Council finds that this Ordinance furthers and is,necessary for the public health,safety and welfare. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO,THAT: Section 1: Pursuant to Sections 26.88.030(A)(2) and (5), Section 26.100.050(A)(2)(e), and Section 26.72.010(G) of the Municipal Code, and subject to those conditions of 1 ' D Y- boov S ��� C2-,a 111111 11111111111111111 IIII 11111 NI 11111 IIII IIII 447704 10/05/20M 10:5 ORDINANC DAVIS SILVI 2 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO approval as specified herein, the City Council finds as follows in regard to the subdivision exemption: 1. The applicant's submission is complete and sufficient to afford review and evaluation for approval;and 2. The subdivision exemption is consistent with the purposes of subdivision as outlined in Section 26.88.010 of the Municipal Code,which purposes include: assist in the orderly and efficient development of the City; ensure the proper distribution of development; encourage the well-planned subdivision of land by establishing standards for the design of a subdivision; improve land records and survey monuments by establishing standards for surveys and plats; coordinate the construction of public facilities with the need for public facilities; safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser; and,promote the health,safety and general welfare of the residents of the City of Aspen. Section 2: Pursuant to the findings set forth in Section 1,above,the City Council does hereby grant an Historic Landmark Lot Split subdivision exemption for 121 N.Fifth Street with the following conditions: 1. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development and Engineering Departments and recorded in the office of the Pitkin County clerk and recorder within one hundred eighty(180)days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum,the subdivision plat shall: a. Meet the requirements of Section 26.88.040(D)(1)(a) and (D)(2)(a) of the Aspen Municipal Code; b. Contain a plat note stating that development of Lot B shall be required to mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c)of the Municipal Code; c. Contain a plat note stating that the lots contained therein shall be prohibited from applying for further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; d. The two lots created by this lot split shall have a total allowable base FAR,on both lots combined, equal to 4,580 square feet of floor area prior to consideration of potentially applicable lot area reductions(i.e., slopes,access I - I IIIOliilll IIIIIIlINII IN Illl!Il1I 111111111 liil 447704 30/05/2000 IS:52A 0 l 3 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO easements, etc.). The applicant shall verify with the City Zoning Officer the total allowable FAR on each lot,taking into account any and all applicable lot area reductions. The property shall be subdivided into two parcels, Lots A and B, each 4,500 square feet in size. Provided it is found by the Zoning Officer that no lot area reductions are required,the maximum allowable FAR on Lot.,k will be 2,339 s.f(including a 500 square foot floor area bonus)and 2,241 square feet of floor area-on Lot B. The information verified by the City Zoning Officer shall be included on the plat,as a plat note; e. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the R-6 zone district,except the variances approved by the HPC. f. That Lots A and B are designated historic landmarks and must receive HPC approval for all development in accordance with Section 26.72 of the Municipal Code,as well at Section 26.58,the"Residential Design Standards." 2. As a minimum, the subdivision exemption agreement shall include the elements outlined in Section 26.88.050 of the Aspen Municipal Code, and shall meet the recording and timing requirements described in Section 26.88.030(A)(2)(e). 3. Encroachments - At the time of redevelopment, the encroachments must be removed from the public right-of-way,relocated,or licensed. 4. Sidewalk,Curb and Gutter -The site is located in the West End where sidewalks are excluded from being built at this time. However the"Pedestrian Walkway and Bikeway System Plan"does indicate that there should be pedestrian usable space off of the street surface. Therefore,the plat needs to indicate a five foot wide pedestrian usable space located 7.5'from the property line and with a five foot buffer for snow storage. Any curb and gutter sections in need of replacement must be replaced prior to issuance of a certificate of occupancy. The applicant needs to sign a sidewalk construction agreement,and pay recording fees,prior to issuance of a certificate of occupancy for new construction. 5. Site Drainage - The existing City storm drainage infrastructure system does not have additional capacity to convey increased storm runoff. The site development approvals must include the requirement of meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f and a requirement that the building permit application include a drainage mitigation plan(24"x36"size plan sheet or on the lot grading plan)and a report signed and stamped by an engineer registered in the State of Colorado,submitted as part of the building and site plan,as well as a temporary �^ sediment control and containment plan for the construction phase. If drywells are an acceptable solution for site drainage, a soils report must be provided with I look IIIIINIIII 111111 IIIIIIIIIIII IIIII III IIIII IIII IIII 441704 10/03/20M 11 ORDINANC DAVIS SILVI 4 of 3 R 23.00 D 0.00 N 0.00 PITKIN COUNTY CO percolation test to verify the feasibility of this type system. Drywells may not be placed within utility easements. The foundation drainage system should be separate from storm drainage,must be detained on site,and must be shown on drainage plans prior to permit drawings. These requirements must be met prior to acceptance of a building permit application. 6. Work in the Public Rigbt-of-way-Given the continuous problems of unapproved work and development in public rights-of--way adjacent to private property, we advise the applicant as follows: The applicant must receive approval from city engineering(920-5080)for design of improvements, including landscaping, within public rights-of-way, parks department(920-5120) for vegetation species and 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. 7. All material representations made by the applicant in this application and during public hearings with the HPC and City Council shall be adhered to and shall be considered conditions of approval, unless otherwise amended by HPC or City Council. 8. That the construction of a new single-family dwelling on Lot B created through this Historic Landmark Lot Split pursuant to section 26.88.030(A)(5) shall be exempted by the Community Development Director from residential Growth Management allocations and shall not be deducted from the pool of annual development allotments or from the metro area development ceilings, in accordance with Section 26.1 00.050(A)(2)(e). Section 3: If any section, subsection, sentence, clause, phrase or portion of this . ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,such provision and such holding shall not affect the validity of the remaining portions thereof. Section 4: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided,and the same shall be conducted and concluded under such prior ordinances. Section 5: A public hearing on the Ordinance was held on the 12th day of July, 1999 at 5:00 P.M. in the City Council Chambers,Aspen City Hall,Aspen Colorado, fifteen(15) days prior to which hearing a public notice of the same was published once in a newspaper of general circulation within the City of Aspen. • i�rrliirr��irr�iiuririn�� riiirr�iiirririroi�rr� .47704 10/06/2000 10:52A ORDINANC DAVIS SIl.YI 6 of 6 R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO INTRODUCED, READ AND ORDERED PUBLISHED as provided by law; by the City Council of the City of Aspen on the 28th day of June, 1999. %F 45 RacheJ E.Richards,Mayor s ATTE8T: Clerk APPROVED AS TO FORM: �o°rcester,City Attorney FINALLY,adopted,passed and approved this 12th day of July, 1999. Rac el E.Richards,Mayor 4 ` i. ch,City erk co > ORDINANCE N0, 44 (SERIES OF 1999) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,TO AMEND THE ACCESSORY DWELLING UNIT PROGRAM, SECTION 26.520,AMEND THE GROWTH MANAGEMENT QUOTA SYSTEM, SECTION 26.470,AMEND THE METHOD OF CALCULATING FLOOR AREA FOR ACCESSORY DWELLING UNITS, SECTION 26.575.020,AMEND THE ZONE DISTRICTS ESTABLISHED IN SECTION 26.710,AMEND THE DEFINITION OF "ACCESSORY DWELLING UNIT," SECTION 26.104.100, AMEND THE OFF-STREET PARKING REGULATIONS,SECTION 26.515.030, AND AMEND SPECIAL REVIEW, SECTION 26.430 OF THE LAND USE CODE. WHEREAS,the City Council and the Planning and Zoning Commission of the City of Aspen directed the Planning Director of the Community Development Department to propose amendments to the Accessory Dwelling Unit Program provisions of the land use code pursuant to sections 26.208 and 26,212; and, WHEREAS,the amendments requested relate to Sections 26.520, 26.470, 26.575.020,26.710,26.104.100,26.515.030, and 26.430 of the land use code of the Aspen Municipal Code;and, WHEREAS,pursuant to Section 26.310, applications to amend the text of Title ,.�.� 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions,or denial by the Planning Director and then by the Planning and Zoning Commission at a public hearing.Final action shall be by City Council after reviewing and considering these recommendations;and, WHEREAS,the amendments to the Growth Management Quota System (GMQS), as proposed herein, shall not be implemented retro-actively upon existing Accessory Dwelling Units but shall apply to properties seeking an exemption from GMQS on or after the date of final adoption of these amendments; and, WHEREAS,the Planning Director recommended approval of amendments to Sections 26.520,26.470,26.575.020,.26.710, 26.104.100, 26.515.030, and 26.430 of the land use code of the Aspen Municipal Code as described herein; and, WHEREAS,the Planning and Zoning Commission opened the public hearing to consider the existing and proposed Accessory Dwelling Unit Program on August 3, 1999, and continued the hearing to August 24, 1999,took and considered public testimony and the recommendation of the Planning Director and recommended,by a six to zero (6-0) vote, City Council adopt the proposed Accessory Dwelling Unit Program amendments to the land use code by amending the text of sections 26.520,26.470,26.575.020,26.710, 26.104.100,26.515.030,and 26.430 of the land use code of the Aspen Municipal Code as described in Planning and Zoning Commission Resolution 99-24; and, -' Ordinance No. 44, Series of 1999 Page 1 WHEREAS,City Council reviewed and considered the recommendations of the Community Development Director,the Planning and Zoning Commission, and members of the public during a duly noticed public hearing; and, WHEREAS,the City Council finds that the text amendments to Sections 26.520, 26.470;26.575.020,26.710,26.104.100,26.515.030, and 26.430 of the land use code of the Aspen Municipal Code,as described herein,and commonly referred to as the "Accessory Dwelling Unit Program,"meet or exceed all applicable standards and that the approval is consistent with the goals and elements of the Aspen Area Community Plan;and, WHEREAS,the City Council finds that this Ordinance furthers and is necessary for the promotion of public health,safety,and welfare. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO,THAT: Section 1: Section 26.520,Accessory Dwelling Units,which section defines,describes, authorizes, and regulates the process for developing and requirements for operating an Accessory Dwelling Unit, is hereby amended by replacing,in total,the language in said section with the following text: 26.520 Accessory Dwelling Units 26.520.010 Purpose 26. 520.020 Definition 26. 520.030 Authority 26. 520.040 Applicability 26. 520.050 Design Standards 26. 520.060 Calculations and Measurements 26. 520.070 Deed Restrictions,Recordation,Enforcement 26. 520.080 Procedure 26.520.090 Amendments 26. 520.010 Purpose The purpose of the Accessory Dwelling Unit(ADU)Program is to promote the long- standing community goal of socially, economically, and environmentally responsible development patterns which balance Aspen the resort and Aspen the community. Aspen values balanced neighborhoods and a sense of commonality between working residents and part-time residents. ADUs represent viable housing opportunities for working residents and allow employees to live within the fabric of the community without their housing being easily identifiable as"employee housing." ADUs also help to address the affects of existing homes,which have provided workforce housing,being significantly redeveloped,often as second homes. Ordinance No. 44, Series of 1999 Page 2 ADUs support local Aspen businesses by providing an employee base within the town and providing a critical mass of local residents important to preserving Aspen's character. ADUs allow second home owners the opportunity to hire an on-site caretaker to maintain their property in their absence. Increased employee housing opportunities in close proximity to employment and recreation centers is also an environmentally preferred land use pattern which reduces automobile reliance. To the extent Aspen desires Accessory Dwelling Units which provide viable and livable housing opportunities to local working residents,ADU's qualify existing vacant lots of record and significant redevelopment of existing homes for an exemption from the Growth Management Quota System. In addition, ADU's deed restricted to Mandatory Occupancy provide for certain Floor Area incentives. 26. 520.020 General An Accessory Dwelling Unit,or ADU, is a separate dwelling unit incidental and subordinate in size and character to the primary residence and located on the same parcel or on a contiguous lot under the same ownership. A primary residence may have no more than one ADU. An ADU may not be accessory to another ADU. An ADU cannot be conveyed as a property interest separate from the primary residence, and an ADU shall not be considered a unit of density with regard to zoning requirements. Accessory dwelling units shall not be used to obtain points in the affordable housing category of the Growth Management Quota System(GMQS). Accessory dwelling units also may not be used to meet the requirements of Chapter 26.530 "Residential Multi-Family Housing Replacement Program." All ADUs shall be developed in conformance with this Section. 26. 520.030 Authority. The Community Development Director,in accordance with the procedures, standards, and limitations of this Chapter and of Common Development Review Procedures, Section 26.304, shall approve, approve with conditions,or disapprove a land use application for an Accessory Dwelling Unit. An appeal of the Community Development Director's determination shall be considered by the Planning and Zoning Commission and approved, approved with conditions,or disapproved,pursuant to Section 26.520.080, Special Review. A land use application requesting a variation of the ADU design standards shall be approved, approved with conditions,or disapproved by the Planning and Zoning Commission,pursuant to Section 26.520.080, Special Review. If the land use application requesting a variation of the ADU design standards is part of a consolidated application process,authorized by the Community Development Director,requiring consideration by the Historic Preservation Commission, the Ordinance No. 44, Series of 1999 Page 3 Historic Preservation Commission shall approve,approve with conditions,or disapprove the variation,pursuant to Section 26. 520.080, Special Review. 26. 520.040 Applicability This Section applies to all zone districts within the City of Aspen in which an Accessory Dwelling Unit is a permitted use,as designated in Section 26.710, and to all Accessory Dwelling Units approved as a Conditional Use prior to the adoption of Ordinance No. 44, Series of 1999. 26.520.050 Design Standards All ADUs shall conform to the following design standards unless otherwise approved, pursuant to Section 26.520.080, Special Review: 1. An ADU must contain between 300 and 800 net livable square feet, 10%of which must be a closet or storage area. 2. An ADU must be able to function as a separate dwelling unit. This includes the following: a) An ADU must be separately accessible from the exterior. An interior entrance to the primary residence may be approved by the Commission,pursuant to Special Review; b) An ADU must have separately accessible utilities. This does not preclude shared services; c) An ADU shall contain a kitchen containing,at a minimum, an oven, a stove with two burners, a sink,and a refrigerator with a minimum of 6 cubic feet of capacity and a freezer; and, d) An ADU shall contain a bathroom containing,at a minimum, a sink,a toilet, and a shower. 3. One parking space for the ADU shall be provided on-site and shall remain available for the benefit of the ADU resident. The parking space shall not be stacked with a space for the primary residence. 4. An ADU shall be located within the dimensional requirements of the zone district in which the property is located. 5. The roof design shall prevent snow and ice from shedding upon an entrance to an ADU. If the entrance is accessed via stairs, sufficient means of preventing snow and ice from accumulating on the stairs shall be provided. 6. ADUs shall be developed in accordance with the requirements of this title which apply to residential development in general. These include, but are not limited to,the Uniform Building Code requirements related to adequate natural light,ventilation, fire egress, fire suppression, and sound attenuation between living units. This standard may not be varied. Ordinance No. 44, Series of 1999 Page 4 7. All ADUs shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26.520.070 Deed Restrictions. This standard may not be varied. 26. 520.060 Calculations and Measurements A. Floor Arem ADU's are attributed to the maximum allowable floor area for the given property on which they are developed, pursuant to Section 26.575.020 Calculations and Measurements. B. Net Livable Square Footage. ADUs must contain between 300 and 800 square feet of net livable floor area,unless varied through a land use review. The calculation of net livable area differs slightly from the calculation of Floor Area inasmuch as it measures the interior dimensions of the unit. 26. 520.070 Deed Restrictions and Enforcement. A. Deed Restrictions. At a minimum, all properties containing an ADU shall be deed restricted in the following manner: • The ADU shall be registered with the Aspen/Pitkin County Housing Authority. • Any occupant of an ADU shall be qualified as a local working resident according to the current Aspen/Pitkin County Housing Authority Guidelines, as amended. • The ADU shall be restricted to lease periods of no less then six months in duration, or as otherwise required by the current Aspen/Pitkin County Housing Authority Guidelines. Leases must be recorded with the Housing Authority. Accessory Dwelling Units qualifying a property for a Floor Area Bonus,pursuant to Section 26.575.020(A)(6), shall be deed restricted to Mandatory Occupancy. This additional restriction requires the ADU be continuously occupied by a local working. resident, as defined by the Aspen/Pitkin County Housing Authority,for lease periods of six months or greater. The owner shall retain the right to select a qualified renter. The Aspen/Pitkin County Housing Authority shall provide a standard form for recording Accessory Dwelling Unit deed restrictions. The deed restriction shall be recorded with the Pitkin County Clerk and Recorder prior to an application for a building permit may be accepted. The book and page associated with the recordation shall be noted in the building permit plans for an ADU. B. Enforcement. The Aspen/Pitkin County Housing Authority,or their designee, shall enforce the recorded deed restriction between the property owner and Aspen/Pitkin County Housing Authority. Ordinance No. 44, Series of 1999 Page 5 26.520.080 Procedure A. Genera Pursuant to Section 26.304.020, Pre-Application Conference, Applicants are encouraged to meet with a City Planner of the Community Development Department to clarify the requirements of the ADU Program. A development application for an ADU shall include the requisite information and materials,pursuant to Section 26.304.030. In addition,the application shall include scaled floor plans and elevations for the proposed ADU. The application shall be submitted to the Community Development Department. Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to the adoption of Ordinance No. 44, Series of 1999, and which complies with the requirements of this section may be legalized as an accessory dwelling unit, if it shall meet the health and safety requirements of the Uniform Building Code, as determined by the Chief Building Official. No retro-active penalties or assessments shall be levied against any bandit unit upon legalization. ADUs require a separate building permit. After a Development Order has been issued for an ADU, a building permit application may be submitted in conformance with Section 26.304.075. B.Administrative Review. In order to obtain a Development Order for an ADU,the Community Development Director shall find the ADU in conformance with the criteria for administrative approval. If an application is found to be inconsistent with these criteria, in whole or in part,the applicant may either amend the application, apply for a Special Review to vary the design standards,or apply for an appeal of the Director's finding pursuant to Subsection C,below. An application for an ADU may be approved,approved with conditions, or denied by the Community Development Director based on the following criteria: 1. The proposed Accessory Dwelling Unit meets the requirements of Section 26.520.050,Design Standards. 2. The applicable deed restriction for the Accessory Dwelling Unit has been accepted by the Aspen/Pitkin County Housing Authority and the deed restriction is recorded prior to an application for a building permit. C.Appeal of Director's Determination. An appeal of a determination made by the Community Development Director, shall be reviewed as a Special Review pursuant to subsection D,below. In this case, the Community Development Director's finding shall be forwarded as a recommendation and a new application need not be filed. Ordinance No. 44, Series of 1999 Page 6 D. Special Review. An application requesting a variance from the ADU design standards, or an appeal of a determination made by the Community Development Director, shall be processed as a Special Review in accordance with the Common Development Review Procedure set forth in Section 26.304. The Special Review shall be considered at a public hearing for which notice has been posted and mailed,pursuant to Section 26.304.060(E)(3)(b and c). Review is by the Planning and Zoning Commission. If the property is a Historic Landmark, on the Inventory of Historic Sites and Structures,or within a Historic Overlay District, and the application has been authorized for consolidation pursuant to Section 26.304,the Historic Preservation Commission shall consider the Special Review. A Special Review for an ADU may be approved,approved with conditions, or denied based on conformance with the following criteria: 1. The proposed ADU is designed in a manner which promotes the purpose of the ADU program,promotes the purpose of the zone district in which it is proposed, and,promotes the unit's general livability;and, 2. The proposed ADU is designed to be compatible with,and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping,privacy,and historical significance of the property; and, 3. The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes,operating characteristics,traffic, availability of on-street parking, availability of transit services,and walking proximity to employment and recreational opportunities. E. Inspection and Acceptance. Prior to issuance of a Certificate of Occupancy for an ADU,the Aspen/Pitkin County Housing Authority, or the Chief Building Official, shall inspect the ADU for compliance with the Design Standards. Any un-approved variations from these standards shall be remedied or approved pursuant to this chapter prior to issuance of a Certificate of Occupancy or Certificate of Compliance. 26. 520.090 Amendment of an ADU Development Order A. Insubstantial Amendment. An insubstantial amendment to an approved development order for an Accessory Dwelling Unit may be authorized by the Community Development Director if: 1. The change is in conformance with the design standards, Section 26.520.050,or does not exceed approved variations to the design standards; and, Ordinance No. 44, Series of 1999 Page 7 ti 2. The change does not alter the deed restriction for the ADU or the alteration to the deed restriction has been approved by the Aspen/Pitkin County Housing Authority. B. Other Amendments. All other amendments to an approved development order for an Accessory Dwelling Unit shall be reviewed pursuant to the terms and procedures of this Section. Section 2: Section 26.470.070(B)subparagraphs 1 and 2,which Section defines, authorizes, and regulates the process for exempting the development of single-family and duplex residences from the scoring and competition and scoring procedures of the Growth Management Quota System(GMQS), is hereby amended to read as follows: 1. Single-family. In order to qualify for a single-family exemption, the applicant shall have three(3)options: a. Providing an Accessory Dwelling Unit (ADU), pursuant to Section 26.520; b. paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended; or c. recording a Resident-Occupancy (RO) deed restriction on the single- family dwelling unit being constructed. 2. Duplex. In order to qualify for a duplex exemption, the applicant shall have five (5) options: a. Providing one free market dwelling unit and one deed restricted Resident- Occupied(RO)dwelling unit with a minimum floor area of one thousand five hundred(1,500)square feet; b. providing two free market dwelling units and one accessory dwelling unit with a minimum floor area of six hundred (600) net.livable square feet, pursuant to Section 26.520; c. providing two free market dwelling units and two Accessory Dwelling Units, each with a minimum net livable floor area of three hundred (300) . square feet, pursuant to Section 26.520; d. providing two deed restricted Resident-Occupied(RO)dwelling units; or e. paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines; as amended. Section 3: Section 26.430.030,which section defines the applicability of the Special Review land use process,is hereby amended to read as follows: Ordinance No. 44, Series of 1999 Page 8 Special Review shall apply to all development in the City of Aspen designated for special review by the following.Chapters or Sections of this Title: • Dimensional requirements(Chapter 26.710-Zone Districts), • Replacement of non-conforming structures.(Chapter 26.312) • Reduction of open space requirements in CC zone district (Section 575.030(B)), • Off-street parking requirements (Section 26.515.040), • Reductions in the dimensions of utility/trash service areas (Section 26.575.060), • Subdivision standards(Section 26.480.050). • Accessory Dwelling Unit Design Standards(Section 26.520) Section 4: Section 26.430.040,which section defines the review standards for Special Review according to the type of development, is hereby amended by the addition of subparagraph H to read as follows: H. Accessory Dwelling Unit Design Standards. Whenever a special review is conducted to determine a change in the design standards required for Accessory Dwelling Units, it shall be considered in accordance with the standards set forth at Section 26.520.080(D). t Section 5: Section 26.104.100,which section defines terms used in the Land Use Code, is hereby amended by referencing the new Section number of the Accessory Dwelling Unit Program as follows: Accessory Dwelling Unit(ADU). A deed restricted dwelling unit attached to or detached from a principal residence situated on the same lot or parcel, and which meets the occupancy, dimensional and other requirements set forth in Section 26.520 of this Title. Section 6: Section 26.515.030,which contains a chart defining the number of required off-street parking spaces according to zone district designation, is hereby amended to read as follows: *For single-family and duplex residential use and multi-family use:two (2) spaces/dwelling unit. Fewer spaces may be provided by special review pursuant to Chapter 25.430 for historic landmarks only, and fewer spaces may be provided pursuant to Chapter 26.520, for accessory dwelling units only. One(1) space/dwelling unit is required if the unit is either a studio or one-bedroom unit. Ordinance No. 44, Series of 1999 Page 9 Section 7: Section 26.575.020(A)(6),which section defines the method in which Floor Area is calculated for Accessory Dwelling Units and attributed to the allowable Floor Area for the parcel,is hereby amended to read as follows: 6. Accessory Dwelling Units. An Accessory Dwelling Unit shall be calculated and attributed to the allowable floor area for a parcel with the same inclusions and exclusions for calculating Floor Area as defined in this Section,unless eligible for an exemption a described below. JDetached AD U Floor Area Bonus. Fifty(50)percent of the net livable square footage of an ADU which is detached from the primary residence by a distance of no less than ten(10)feet and which is housed in a _ structure with a footprint of no more than 625 square feet shall be excluded from the calculation of Floor Area. Mandatory Occupancy ADUFloor Area Bonus. Fifty(50)percent of the net livable square footage of an Accessory Dwelling Unit deed restricted _ to Mandatory Occupancy shall be excluded from the calculation of Floor '' Area. This Mandatory Occupancy restriction requires the ADU be continuously occupied by a local working resident,as defined by the Aspen/Pitkin County Housing Authority,for lease periods of six months or greater. The owner shall retain the right to select a qualified renter. Combined FAR Bonuses. If an ADU is eligible for both of the Floor Area bonuses described above, one hundred(100)percent of the net livable square footage of the ADU shall be excluded from the calculation of Floor Area. Section 8: Section 26.710,which section defines the purpose of, and regulates permitted uses, conditional uses,and dimensional requirements for land according to the Zone District designation as defined by the Official Zone District Map of the City of Aspen, is hereby amended by eliminating the conditional use: Accessory Dwelling Units meeting the provisions of Section 26.520.040, and adding the permitted use: Accessory Dwelling Units meeting the provisions of Section 26.520,to the following zone districts: 26.710.040 Medium-Density Residential (R-6). 26.710.050 Moderate-Density Residential(R-15). 26.710.060 Moderate-Density Residential(R-15A). 26.710.080 Low-Density Residential(R-30). 26.710.090 Residential Multi-Family(R/MF). 26.710.100 Residential/Multi-Family(R/MFA). 26.710.130 Rural Residential(RR). 26.710.140 Commercial Core(CC). 26.710.150 Commercial(C-1). Ordinance No. 44, Series of 1999 Page 10 26.710.180 Office(0). 26.710.190 Lodge/Tourist Residential'(L/TR). 26.710.220 Conservation(C). Section 9• Section 26.710; which section defines the purpose of, and regulates permitted uses, conditional uses,.and dimensional requirements for land according to the Zone District designation as defined by the Official Zone District Map of the City of Aspen, is hereby amended by adding the permitted use: Accessory Dwelling Units meeting the provisions of Section 26.520, to the following zone districts: 26.710.110 Affordable Housing/Planned Unit Development(AH1/PUD). 26.710.120 Residential Mobile Home Park(MHP). Section 10: That the City Clerk is directed,upon the adoption of this Ordinance,to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 11: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 12• If any section,subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 13: A public hearing on the Ordinance shall be held on the 8'day of November, 1999 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED,READ,AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 12"day of October, 1999. Attest: l • Kathryn. och,City Cler Rach E.Richards,Mayor Ordinance No. 44, Series of 1999 Page 11 FINALLY,adopted,passed and approved this day o 999. Attest: Kathryn och,City Clerk Rac el E.Richards,Mayor Approved as to form: i �ttoey C:\bome\CHUSB\CASES\ADU-CODE\ADU-ord.doc '&�o At'�\ 6 _ 50 r Ordinance No. 44, Series of 1999 Page 12 RESOLUTION NO. 00-03 Series of 2000 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 00-03 RELATING TO PROPERTY IN THE CITY OF ASPEN WITH A STREET ADDRESS OF 609 WEST SLEEKER, WHEREAS, Small and Large Fries LLC made application, dated March 30, 2000 to the Board of Adjustment for a variance from the dimensional requirements of Chapter 24 of the Aspen Municipal Code; and WHEREAS, this matter came on for hearing before the Board of Adjustment on April 13, 2000 and after full deliberations and consideration of the evidence and testimony presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO: Section 1. Findings of Fact. The Board of Adjustment makes the following findings of fact: 1. A development application for a variance was initiated by: Small and Large Fries for property located at 607 West Sleeker, Aspen, CO. 2. Notice of the proposed variance has been provided to surrounding property owners in accordance with Section 24-6- 205 (E) (4)b) of the Aspen Municipal Code. Evidence of such notice is on file with the City Clerk. 11111111111111111111111 IN lill Illllli 1111111111111111 446818 09/08/2000 02:52P RESOLUTI DAVIS S i of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO 3. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Comprehensive Plan and Chapter 24 of the Aspen Municipal Code. 4. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure. 5. The literal interpretation and enforcement of the terms of Chapter 24 of the Aspen Municipal Code would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty. In determining that the applicant's rights would be deprived absent a variance, the Board considered certain special conditions and circum- stances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant. Section 2 . Variance Granted. The Board of Adjustment does hereby grant the applicant the following variance from the terms of Chapter 24 of the Aspen Municipal Code: A four (4) foot rear yard setback variance and a four (4) foot side yard setback variance for the west side yard to build a detached Accessory Dwelling Unit deed restricted to mandatory occupancy. Section 3 . Conditions Upon Which Variance is Granted. The variance granted by Section 2, above, is specifically conditioned upon and subject to the following conditions: 1. The variance is subject to the dimensions represented in the application packet. ` _ I 2 I!lIII!lrll!llll!I!ll�ll�lr!!I!Illl!!I l�l! !ll!llll I!!! 818 09/08/2000 02:921 RESOLUTI DAVIS SILVI 2 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO 2 . Unless vested as part of a development plan pursuant to Section 24-6-207 of the Aspen Municipal Code, the variance granted herein shall automatically expire after twelve (12) months from the date of approval unless development has been commenced as evidenced by the issuance of a building permit, or an extension granted by the Board in which case the variance shall expire at the end of the extension. 3. Applicant shall, prior to filing an application for a building permit, cause to be recorded with the Clerk and Recorder' s Office of Pitkin County a copy of this resolution. 4 . Applicant .must provide a long range tree maintenance plan BEFORE any construction activities begin. This includes a fertilization plan and watering plan. 5 . The design takes into account the need for access beneath the structure for these maintenance activities. 6. The applicant agrees that during construction activities, all impact to the area will be minimized including no storage of materials, backfill, or traffic within the dripline of the tree. All pier construction shall be accomplished BY HAND , and a plan will be submitted to show how this will be accomplished. INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on the 13th Day o ril, 2000. Chairperson 3 1 11111! 111 111111 fill 1111 1111111111111111111 III! 3 of 14 R920.00 D 00000NP0R O0 PITKINACOUNTYUC0 I, the undersigned duly appointed and acting Deputy City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the Board of Adjustment of the City of Aspen, Colorado, at a meet ng held on the day hereinabove stated. ` C-4 Deputy ity Clerk Approved as to form: Assistant City Attoigey 4 111111111111111111111111 I{I1 I1ll {{11111 11111111 IN IN 448818 09/08/2000 02:52P RESOLUTI DAVIS SILVI 4 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO A CITY OF ASPEN BOARD OF ADJUSTMENT APRIL 13, 2000 Rick Head thanked Bobbie Carson for her passion, but garages were a luxury and not a necessity. David Schott said the garages could be moved back. Charlie Paterson said that he would vote for the compromised variance. John Howard stated that the massing would look larger, if the mass was moved anywhere else and would reduce the apparent density by keeping it on the property line. He reiterated that the current owners did not site the units original placement. Rick Head said that it was not what he could consider; he could live with the amended application but would not vote for it unless amended. Head explained to John Howard that if there was not a compromise, the variances would not be approved. John Howard said that this would bring another large tree down. Head noted that he did not think the garages came near the tree. MOTION: Rick moved to approve the 4% foot rear yard setback variance on Lot 3, Units 1 & 2, a 14 foot side yard (west side) variance of Lot 2, and a combined side yard setback variance of 15 feet on both Lots 2 & 3 (east side) to allow for the construction of 4 detached garages at 1040 Matchless Drive. David Scott second. Roll call vote: Iglehart, yes; Murphy, yes; Head, yes; Schott, yes; Paterson, yes. APPROVED 5-0. John Howard asked if he could come back with the variance request. Sarah Oates explained that the same variances could not be applied for again. Rick Head stated that there was a quorum tonight. PUBLIC HEARING: CASE #00-03 609 WEST BLEEKER— LARGE and SMALL FRIES Charles opened the public hearing for Large and small fries. Notice was received. 3 CITY OF ASPEN BOARD OF ADJUSTMENT APRIL 13, 2000 Nick Lelack explained that the applicant, Small and Large Fries LLC represented by Mary Holley, requested a variance from the rear and side yard setback dimensional requirements in order to construct a detached Accessory Dwelling Unit (ADU) which will be deed restricted to mandatory occupancy. A portion of the proposed detached ADU would encroach into the required rear yard setback for accessory buildings, requiring a four (4) foot rear yard setback variance. The proposed ADU also requires a four (4) foot side yard setback variance for the west side yard setback. The vacant lot was located in the R-6 zone district and part of a Historic Landmark Lot Split, which created two (2) 4500 square foot lots. The variances were requested to preserve the 22" diameter spruce tree located on the southern portion of the lot, while at the same time provide an ADU that was detached and deed restricted to mandatory occupancy. Both of these objectives were consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan. Ernie Fyrwald said that there were 0 lot lines in that area and the livability would be much better with this variance. Alan Schwartz stated that he represents Ellen & Allen Fells, the next door owners and neighbors. The Fells said that they felt this was the best solution for an above ground ADU and the Fells would support the project. Schwartz stated that this was a dense lot with the lot split and 3 units on it with a large tree. He noted that the neighbors were not opposed. Mary Holley said that this parcel was unique because of the sizeable tree in the southern portion of the lot and the historic lot split created the small lot size. The size and location of the tree created a practical difficulty. Holley provided photos of the lots. She said that Ernie Fyrwald wanted to build a good above grade ADU. She said the building would be on piers not to disturb the roots of the tree. Holley stated that Ernie entered into a 3-year tree maintenance program for the trees. Rick Head stated that he just loved these kinds of variances; he said that he was very proud to rule on it favorably. Jim Iglehart stated that if Rick was happy he was happy. Bill Murphy said the neighbors were addressed. Charlie Paterson said that staff recommended approval. Lelack stated that staff recommended approval of the variance request finding that the Review Standards had been satisfied. 4 r CITY OF ASPEN BOARD OF ADJUSTMENT APRIL 13, 2000 RECOMMENDED MOTION: Rick Head moved to approve the request for a 4 foot rear yard setback variance (allowing for a 1 foot setback) and a 4 foot side yard setback variance (allowing for a 1 foot setback) on the west side to permit construction of a detached Accessory Dwelling Unit which will be deed restricted to mandatory occupancy at 609 West Bleeker Street, finding that the review standards have been met." Jim Iglehart second. APPROVED 5-0. Sarah Oates said that there was an appeal of a previous Planning and Zoning review that will come before the Board of Adjustment on May 4th. Charlie Paterson will not be able to attend. Meeting adjourned at 5:15 p.m. Jackie Lothian, Deputy City Clerk 5 CITY OF ASPEN BOARD OF ADJUSTMENT APRIL 13, 2000 COMMISSIONER,STAFF AND PUBLIC COMMENTS................................................................................1 MINUTES.............................................................................................................................................................1 DISCLOSUREOF CONFLICT OF INTEREST................................................................................................1 CASE#00-01 RACQUEST CLUB CONDOMINIUMS, 1040 MATCHLESS...................................................1 CASE#00-03 609 WEST BLEEKER-LARGE AND SMALL FRIES.............................................................3 6 r� ZONING°CHECKLIST Owner's Name Permit# Contact Person - , `� ) Phone # . Address = w 0 .....� Legal Description Zone District _ Certified Survey: f f X= PLANNING APPROVALS: RESOLUTION/ORDINANCE #: .-. HPC: Conditional Use: Design Review: 8040 Greenline: Stream Margin: View Plane: GMQS: Special Review: Bd of Adjustment: ADU Deed Restriction: Reception# Tree Permit: TYPE OF WORK: New Construction Remodel/Addition Demo lition/Relocation ,N'Single-Family Duplex F-] Accessory Structure Commercial F-� Multi-Family - # of units F-] Employee Housing - # of units LOT SIZE: LOT AREA: SETBACKS: Allowed (Principal/Accessory) Proposed (Principal/Accessory) Front Side Rear )' j Combined Front/Rear ,,� -:?• / t ? ; Distance btw buildings Corner Lot: HEIGHT (Principal/Accessory): Allowed: �5 Proposed: FLOOR AREA: Allowed: ? 3>1 Proposed: Exempt Space (s.f.): Garage ADU ��_ y F' Sub grade - '�/ Decks3 NET LEASABLE SF: Existing: Proposed: OPEN SPACE %: Required: Proposed: �--- BEDROOMS: Existing: Proposed: Z4 4 -fig L,, , SITE COVERAGE: Allowed:_:5C:::fk.n 7,- Proposed: �1• , (�,�'� 5 ON-SITE PARKING: Re q uired: Proposed: FEES: Park Dedication: ' ` 6 .J Cash-in-Lieu: RESIDENTIAL DESIGN STANDARDS ZONING REVIEW CHECKLIST SITE DESIGN BUILDING FORM Building Orientation: Secondary Mass: Build-to-Lines: Fence: PARKING, GARAGES & CARPORTS BUILDING ELEMENTS Access (i.e. alley): Windows: Garage width: Door: Garage location: Porch: Driveway cut: Principal window: Entrance width: One story element: Single stall doors? Lightwells: CONTEXT Materials: Inflection: ADDITIONAL NOTES: rA cif I i -6vv"A_ - fv\�V-\ ABBREVIATIONS PROJECT DIRECTORY ZONING INFORMATION WEST SLEEKER STREET P ❑ ❑ SYMBOLS USED AS ABBREVIATIONS CLIENT: SMALL AND LARGE FRIE5 L.L.G. ZONE DISTRICT: R-6,SUBJECT TO VARIANCES AND AeV. obese LBL. lobe) CONDITIONS&RANTED BY BOARD OF ADJU5TMENT A.PF. above fmiehed floor LAB laboratory d °n91O ADDRESS: 1265 MOUNTAIN VIEW DRIVE AND HISTORICAL PRESERVATION GOMISSION. /~_ AAC. aeceaa LAM. Iaw to I teriine AOC.FL. o-ass floor LAY. Iwatory c charnel ASPEN,COLORADO 81611 / ALOUS acoustical LA. left hand d P-19 q48-0-126 / ADD'L. oddltlonal LT. light L per P ndbefar MAXIMUM FLOOR AREA ALLOWED: 2,341.0 S.F.PER _ AVJ, dI°ce"t LTNT. Ilgh!rvelghc it pbts ORDINANCE 2-1(SERIES OF I-1-11) / ADJUST. cgfJuatable u. live load ( elameter CONTRACTOR: MATT FLINK CONSTRUCTION, INC. �✓ A&G. a tin II Parallel A/C Gg MM-I FL property Ilse ADDRESS: 191 NAVAJO '4 ❑ ❑ ^g FLOOR AREA CALCULATIONS: O(/ ALT. alternate MFR marwPacture(er) o degree GARBONDALE,GO. 81623 UV .1-In- NEC MaTy A.Avjian AW-N. orh. anchorage asonry opening 3?q-6410 ��O APPROX. oxlmate LOWER LEVEL: !]MQI�,Jp Ny ARAN mchltect(u I) M�AAX. materlml BRICK WALK 5'OFASPEN �y lTT�, > j Architects P.C. AD. m drain �. m°J°"Ia i 1518.?S.F x 1090(EXPOSED EXT.NA LL) = 8 S.F. F qit" %� MA. m dl Ise cabinet CONSULTANTS: 50 River Oaks Lar:e Hs _.tor bedroom _ BSMr. basement ML.' _11�fO STRUCTURAL ENGINEER MAIN LEVEL: I °-:: O ?s c Basalt,Co.81621 BR6. beoring MR.D. metal roof dscklny 5'MWMELTED AREA(46 .F) f . em+. b are," M meter KAUP ENGINEERING,INC. (9701927-7656 BEV. be I(eN 1,184.1 S.F. MM mnl meter GARAGE AREA: 285.0 S.F. EXIS IN6; Blum, bt�nlnoua P.O.BOX 2235 TREE 5 BLK. block MIN. minimum AREA INCLUDED: 1-1.5 L - ❑AD ❑ISSUE: ❑ BLK6. blocking MR mirror &LENWOOD SPRINGS,00. 81602 BD. board M,sG. mincellane0ua q45-g613 145-1633(FAX) TOTAL MAIN LEVEL AREA: 1201.6 SF. - MOD. modutar 7' BUILDING PERMIT:CC-20-00, BTM, bottom HfD. mounted BO, bottom of UPPER LEVEL: --' 5LD6. Wllding NAT. natwal ENERGY ANALYSIS I Ji 4 NOM. noinlnal rf LAB. cabinet N "O"B' 5105PAGE5, INC. INTERIOR FLOOR AREA: g84.5 5.F. {- N.IL. not M contract cPT. as pot DECK AREA: 333.'1 5.F. csHlr. io menc N.T.S. oat to ewle 0504 GRY5TAL CIRCLE ALLOWABLE DECK AREA: 351 S.F. - L.B. arch twain CARBONDALE C.O. 81623 cL6. celhrlg Oft. opening 163-0114 cla.Hr. oewng height OFP. oppoane TOTAL FLOOR AREA: 25371 S.F ' GMullmefer DD. outsldo diameter L� ter-lc OA we II /lam' L.T. oink 411e O.H. overhead cLR clear(once) • -I LLD. .beet MD. Palate" SHEET LIST COL. tole PNL. Pones • ' LOMB. eombtuftion PAR paruallei _ cNMU. c�nrse t_oon colt Pm parimon AO.1 PROJECT AND SITE INFORMATION �O L'W'3 �= ��• - J _ Exl (Lnl C,26T. eorat=ion PVNR. pp'-.-21" LONT, continuous PIMP. " `^� COWT eontraeuc0ntraetor ;BRIM, perlmeter A2.1 LOWER AND MAIN LEVEL PLAN /J 'III Lb. 5u d ;ER plaster lu coral orr'g Led PLAM. plastb I-h.te A2.2 UPPER AND ROOF PLAN - LTR. counter P F. plo da lineal foot LU.FT. a:blc foot pour P°r �_/'� / ■ OJ.TD, eubicyard Pl'. pol"toq A3. ELEVATIONS IY-- P.VL. poi Inyl ehlorlde 3.10 I II DL. dead bad PRBFn^e.pratxbated A4.1 BUILDING SECTIONS LL DEMOL demolish F.SFIN. preflnlahed /� I ♦ - - DTL. detail P6F. peurd par aguore foot ` /(�/�'JY III �I z vlAb. diagonal Pal. Pounds per aqucre Inch A5.1 WALL SECTIONS _ DIAG diameter JF-f---N HA DIV. division 4 - aR door G.T. R."'j tae 51.1 FOUNDATION AND MAIN LEVEL FRAMING PLAN o -_ DH. d hung R� codes. 52.1 UPPER LEVEL AND ROOF FRAMING PLANS < aN. do- REF, re} ce/rofer to K l - Dy down.pout DYii. rYawer Rt3'R refrlaecratar DYV6. Gawlry r DF. dru:king tountaln � rein! a(ad) [��I� I I SE ND FLOOR DECK 1 1-= 1 333 S.F.SNOWME T DA dlshrva her RES. re,lilent l E at RA. !stunt - ELEL. electric (al) REY. ro Ib /rovlea N I ^, EL. elevate RH. right hand /. I ,y ELEV. :W-tor RAYL right of rvay c�.�("��7y C a.� EME%. e-r,-,y RD. r�oP drain (i�t'✓'\ /' `!V'' 7V7 _ Et C+CI. erol se(ore) P.M. v ' ,{� ✓<-I--u EO equal R.O. rough opening �\ , 11 11 EXCAV. a ua ate �(/��\ ✓ S V-�S PEN E •, /�' 11-I--N EW e#iawt SLHED. aahedule CCvJ T U EXIST. a Intl or ST&. seating i EXISTING EXT. ezterl SHT sheet SIM. slW�Ilaaarrh ' TREE CONCRETE FA, fore of,Prams opanlr:gn'T' wTid<ore 1 DRIVEWAY IF-H ED FIN. fhlnh(ed) S.T.L. Bound 4ansmienlan FINFLR ft+bhed floor ra d tr.n II FE.L. Pte ex Irgulsh.r-trot S s f --IV / � v F.P. Z.1111ae SPKR .pecker MATERIAL INDICATION5 ARCHITECTURAL 5YMBOLS i i I �, � ��`� 11E F.P. flashing SPEC. specRicatbn(s) L PLEX flezlble ryI PLR fbor 5S. atgalnlesa steel '- 1 F.D. f_re roln STD, nia cortl {{'�t� FLUOR fl scent STA atatbn MA�.tON12Y � I� R-t-t FOLND. Poundatlen fu tt ero . �mg ,® RTAR/ A I +L FRG. fr d yy oh I-LASTER .F80 SD. star drain 1 FUR fury a(Ing7 5TRULT. structure/structural O P.M. tofu spend<d FACE BRICK ® METAL, NORTH I I /�`� 7 < 6A SYM. symmetrical I _ A.V.U. :1(�, 6A. 1 bed 5YN. eynthebc CERAMIC TILE ALUMINUM ® JI-'. 1 f) 6.L. go I cenfractor SYS. eyetem •'.:1 (, I' "5 P9R�_ .P.V: 6L. glace STEEL- ® VV 111 GAS. gr.-wall board TEL telephone COMGRETB, LARGE SCALE L ,sy°a ayn�roizr � eetDnla aGnd z '. T,V. telOVl Ion rjT¢L O A �I'r HLVAnorc IaC9rCY[wuwX6lumc ' HDSD. hare8aoard Trit thrseheld) CONCRETE BLOCK, SMALL SCALE III ";� A I,p"V h-d d TPDISP,tellet paper dispenser and F N-PLACE �. A HDR header TOL. bleranes and BAST � D' rr ftanxr eonr r ruu xe*w�oa e.e.�Anoe / HT6. headng TR6 tangos anti groove .^T aruAnoa corm " sox NOOiY s �w RESTRICTED TO BE DEED HVPL heatingNentnaClon/ TS. torvel bcr L16YIT006HT / - =1 FINISH ® RESTRICTED TO at conditioning - top of column ROU SH FRAMING/ ® R++c°NTaR+ e"occur OCr'vPAANC,- / HT. hel ht _ TOLONL.top of GON.rOle , GNAnaa lblm OX XbN'Je[ I®emr wuwNS lN�t - !Ex h,9 1 TAN. top of botkg EARTHI"IORK BLK6.-GONTINUOJS BUILDING PERMIT / ALLEY HS. hoses b� TO J. cop of Joist DISTURBED �CKING- DOCUMENTS FOR HL. hollow core T tread DI5GONTIN OUS 1 "MI TO BE HN, I.Il -toe TYP. typlcal PLYWOOD- To-T s�°1Or"s �„ Ins RSA SUBMITTED AT A HORIZ. horn tai UNDISTURBF� LARGE SCALE HR hour �� MAR hot water heater USL. Uniform BVIIdNg code STONE/GRAVEL Ir' °�', TEMPERED Ua uMSreoentld POROUS FILL I% HARDBOARD 1HLL. -IA.(b,gl Uf✓FIN, uMlniahed - IN9ULATION, FLA5THt/BAGKIN6 BOARDS, I SITE/ROOF PLAN _ ❑PROJECT: ❑ ID. Insde mameter � - - SMALL f LARGE FRIE5 I Infgrler( VD. vaper barrier GATT/BLANKET SAND and CEMENTp�p� O Tins `� AI.I SGALE. 1/8"=I'-O" -. VAR v be LOOSE FILL ® GROUTwMm..LA7 : :LJ 1, 1 � LOT B DEVELOPMENT INV. krvert V.IF. v I In tlnld v-r'% VERi, vertk.1 RIGID BARD I O eetr r SITE 101'-O"•ARGHITEGTURAL 101' Jr. Int Vb, v rticol grant Jr. joint suer VIN vMyl GLASS MESH DESCRIPTION: .15T. �ISt VLS. vinyl ewe base FINISH MATMALS, MORTARBOARD waH Aso oar pax cosmmLnes,woa,ulesw L16HTeeLL KOTO55.F. ACOUSTIC TILE ® STONE, - -- - exrwoenrvATioe'r.0.a.mu"n LIGHTWELL ez:n sF. > 51TE AND GENERAL INFO. KIT, kitche LI&HTY`ELL e3:31 S.F. {{ („ KO. knock out W.G, water closet GLASS ® STONE VENEER // oroa wa oasts oar ule falu,e. SECOND FLOOR DECK:333 B.F. JUL ❑ ❑ wWF. w.Idw wrs tab b - - SHEET: W west ; ENTRY WALK:46 S.F. TOTAL: 452 S.F. L Yt width/wide CAI"p�a x„ MARBLE � oorrm u raa RVOO+tsca • `. PCK wlydaw SEALANT ?VO out wl wte mesh WBACKER ROD FLOOR WymmN6, YVO Pm. rvoad JOINT FILLER-� RF5ILIENT TILE ® ewictrtc� �_ law nw� ., _ - .. I ����• I. FLOORING CARPET ji __ ❑ ❑ ABBREVIATIONS PROJECT DIRECTORY ZONING INFORMATION ❑ ❑ WEST SLEEKER STREET sYMEOLSU5EDASABBREVIATIONS, CLIENT: SMALL AND LARGE FRIES L.L.G. ZONE DISTRICT: R-6,SUBJECT TO VARIANCES AND Aev. °bid• LAB label CONDITIONS GRANTED BY BOARD OF ADJUSTMENT aFF. acv.Flinched Floor LAB labs story d angle ADDRESS: 1265 MOUNTAIN VIEW DRIVE ALO. LAM. Nam to C, terline AND HISTORICAL PRESERVATION GOMISSION. / ALLFL. aaceen floor LA. loft hC u c <harr l ASPEN,COLORADO 81611 AVV'L. LA.l LT. left Hand d perry q45-0-126 ADDL. addltbnal LT light L plot. cum, MAXIMUM FLOOR AREA ALLOWED: 2341.0 S.F.PER ADJ. adIacent L [I-I..d R plate ORDINANCE 27(SERIES OF Iggq) ADJ15T, adJueeable L.L.L. nve load dameter CONTRACTOR: MATT FLINK CONSTRUCTION, INC. _ __)/ Abb. ogg^gate II pa'allel eI A/C ap condRlonng PL progpe ty nn• ADDRESS: 191 NAVAJO �l QUT ❑ ❑ ALT. alternate MFR manufacture(or) o de re• FLOOR AREA CALCULATIONS ALUM, alumkum HAS. anon y CARBONDALE,CO, 61623 QO ANGH. anchor,anchorage MD. m ry openhg 37q-6410 Tjy MU$ QR�� Ma A.A ion APPROx.appro .to MArL. materlol LOWER LEVEL: EC�ry T CQMp GHT/N Mary ARCH. LYLhltect(uraU MAx ma Mum BRICK WALK QF` C� AD. area drain MEOi. m chmlcal !-ASPS lT Architects,P.C. ASPR :�!Johamt ML. median.cabinet 1,516.7 S.F x 10%(EXPOSED EXT.WALL) = 151.6 S.F SEC N(/ � � AUTO. eakemetla Mm. m.dwm CONSULTANTS: MER master u.draom 50 River Oaks L- esMr bane nt MEH®. m.marane MAIN LEVEL: IQ ?s'}v Basalt,Co.81621 MTL. instal STRUCTURAL ENGINEER sNOwrELTEV AREA(46 FJ I 1 E BR6. bsorhlg MAD. metal roof d.ckl -' (970}927.7656 Brn be-" M meta, ng KAUP ENGINEERING,INC. 1,154.1 S.F. ""' BEV. bevel(edl MM -to,ter EXIS INb BLK bltuminoa. MIR mhlmum P.O.BOX 2235 GARAGE AREA: 265.0 S.F. ❑AD. ❑ ❑ BLK block MR. mpro, GLENWOOD SPRINGS,CO. 61602 AREA INCLUDED: 17.5 BL w. blockhg ISSUE: BD. board HISC, ml.aeuaneoae q45-g&13 q45--1633(FAX) TOTAL MAIN LEVEL AREA: 1.201.6 S.F. _ r^ - BTM bottom MOD. modular bottom of .-led BUILDIFIb PERMIT:011-20-00. BD. BLDG. bndhg UPPER LEVEL: �d-t-.1 ENERGY ANALYSIS NOM GAB. cab.wt N 'n1O B105PAGE5,INC. INTERIOR FLOOR AREA: 864.5 S.F. - CPT. c�st N.)L. t k aontroct ITS, not to.idle DECK AREA: 333,q S.F. / cljs . a t 0504 CRYSTAL CIRCLE G13 = - / ca aatah boeln CARBONDALE,CO. 61623 ALLOWABLE DECK AREA: 351 S.F. CLS.HT. �elling height �. °P-" q63-0114 cim Dement opp.. TOTAL FLOOR AREA: 255-1 q S.F CM untunehar OA. outside diameter - 12:12_ 12.12 CER ceramic ON. overhead C.T ceramic kilo C.0 Llearc ae) 5HEET LI5T - CLO. beet PTO. pooh-I - COL. Lol bt PNL. p I \ \ [7/ •1\ ."tV l' - - COMB. ombinlL. PAR parallel /V�'rJ C'MU, Cyr to FK6. Parkhg CMU, etc masonry untt PIN. partrtlon AO.I PROJECT AND SITE INFORMATION CONT. nntruatlon PVHT. pavement 1`lr _ �' _ EXI I LONE. contircuoua PERT perforated C.fl. centrIzorntraator FL*5- perhneter A2.1 LOWER AND MAIN LEVEL PLAN Gb. corn r ggouurd PLAS planter CORR corrugated PUM. plaetic laminate A2.2 UPPER AND ROOF PLAN - ' Lu GTR. counter PL platen CUFT. cubic foot P.L.F. P=per,meal foot - "'YD. cWk yord FLY P19 od A3.1 ELEVATIONS P.V.C. polydnyl ahlorlde DL. Good load PRC-,AB.Frefobrlantod A4.1 BUILDING SECTIONS _ DEMOL. cl-lheh FREPIN. profhishad DTL. detail PSF. gourd.per square foot DIA6. diagonal pound.per square Inch A5.1 WALL SECTIONS \� DIA29. diameter DN. division �r �� III II Div door aT. ov-19 51.1 FOUNDATION AND MAIN LEVEL FRAMING PLAN ^ IV.�/\ g 1 II DN. doWle M.n DN. do's g RAD. rodlue 52.1 UPPER LEVEL AND ROOF FRAMING PLANS q " V.S. downspout REF. reference/rote,to - pmR d-aw RJR reMlgerator O I I W 2 vm. d'a'l RES. e Is r P . '='fountoln REINP. ,.?fora.(ed) Y VA dlehrva her RES. e III nt � U � I I I i I i I i SE RD FLOOR DECK I i-{--� I 333 S.F.SNOWME T RET. .fain I Q I 1 E t RA. return,/ VVV REV. Inlon/revlx yWt EL. elec.tl (al) R.H. right hand UI N EL. elevation R.CA right of'ay " ELEY. elneevat�r , BHETtb. e g ey RD. ��drain p �� O ENCL. nciose(are) RM. I III II W SQ. equ I R.O. rough epening I -=-� Q EMIR ESC. star I EXCAV. e# ate e FEN E \I � \ Lu EXH. ORM. shd l FJ S EXT. SHT. ehoe1t'9 EXISTING Lu BIM. 1Wl- TREE - 'VI o FD. Fore of,Pram.opening r5KYLT. elwlloht i 1, CONCRETE '1 FIN. fhleh(ed) S.TL. .00und transmUSlon r DRIVEWAY O FINFLR thehed floor ffkbnt FEZ. fps..tingubher cak rot S Wth _ F.P. fpspl� SPEC. sp-I atlon(.) pul. , fl l MATERIAL INDICATIONS ARGHITEGTURA,L SYMBOLS N-i--N FLEX. flexQeie 50, square I \ .14,4 IN FD. 1 dram s5. .Lamle..steel _ 1 _ STD. to lard 1 FLUOR IWOre STRUCT. •fracture/atNGtural FIREBRICK .,.•:::'::. ��ay n 1 a, I�-ly W FORM fcundotbnt ntasbn MASONRY. 5ETf9N6 BED$: �. '*'`� FRG. Iranln9 STOR. .fora SAND/,-10RTAR/ A tr (� F9D. Nmlehed Ly others S.D. •term droh ® PLASTER Ili 11 11- PUR f e(mgr - PUT. tutor � .asps takal FAGS BRICK ® l�TALI I _ AD.U. I /O� O 6Aa _.. 1V. ;7-Izsd SYN. eynmmMedc CERAMIC TILE ALUMINUM bl.. glr�al contracCOr 5Y5. ayntam 5TEEL- ® L/�.�, ''A 1 I II "5 •FOR _P.V: 6YNB. gypsum rvall board TEL. t.lsphoro CONCRETE, LARGE SCALE O 'ISl} o�.einnoe��"r P pL1 Iq Na.cac I - T.V. teleVlsbn " STEEL- H020. hoed-d THK. thkk(nn) CONCRETE BLOCK, SMALL SCALE Imw. hordrvor. THR thranhald CAST-IN-PLP.GE /{� I� HDFm hard' d TPDI5P.Collet paper dlsp.nse, and PRECAST I YY�OD: Bast.•a•xraau ww..ecTla+on aNArlwi_ / HOP- he roL. tol.ronu ervAnoe lamm oe HsH cos AT.I tu>°em:ee o.Arars Taco, .sA.D.U.TO BE DEED HT6. hoot, Ts6 tong.,.and groove / RESTRICTED TO HVAL heatM3NentllaaoN TB. to bar L16HTWEI6HT. ----��_---- FINISH air eondltkmin TDL, W f eohmm Hr. hel t - 7DLONC.top of concrete , aciAnax xorm an wlHex ��� MANDATORY 9 P° ROU6ff FRAMING/ yp I.++acHroacs I ocrnn OGGUPANNGY-- / HEX he ogonaI TD F. top of footlrlg EART}y'IORIG BLK6.-coNTlNUgls® / e„. BUILDING PERMIT ALLEY HE. hose bR�b TDJ. Cop of Jolet 16OCKI - DOCUMENTS FOR HL. hollow core T tread DISTURBED DISGONTIMJOUS 1 ADU.TO Be H.M. hollow metal TYP. tFl..1 PLYWOOD- SUBMITTED AT A HOPJ horizontol Uf✓DISTLRBW Hit h- LARGE SCALE HAN, hot'ater heater UBL. Ut lform Bulidhg God. STONE/GRAVEL TEMPERED UL. -d.rcountar POROUS FILL °®""' HARDBOARD ❑ IL. Include( UNFTH Imflnlah°d HC ❑ ID. Inside d1c:ter INSLq-Ana% PLA5TEWSAGKINb BOARDS, I 51TE/ROOF PLAN __ PROJECT; 1XT. Insulate(hg) V.S. barri.r BATT/BLANKET SAND and CEMENT I'°�O1° J INT. Interior vapor ® O Tyre AI.I SCALE: I/8"=I'-O" - INV. Mv.rt VAR v bs LOOSE FILL GROUT w/MTL.LA. - LOT BLDEVELOPMENT S Y.I.F. ve Ry h field GYPSUM �e YR T verb al RISID WALL BOARD FtAx rarz SITE 101''-0"-ARCHITECTURAL 101'-0" JT. mt VA. rtk.1 gale J.F. pmt file, VIN" vhyl -+-�, ,. . GLASS MESH �, DESCRIPTION: F SNOWMELL TOTAL Jsr. Jolt vLB. vinyl aove base f IWSH MATERIALS, MORTAR BOARD SITE AND GENERAL INFO. wax Aid oar Llrr rce aaaeG ale,noels uH�w L16HTWELL.I:25 N. I ® STONE, exleeat arvAnae,reo.zsro urn �. ACOUSTIC TILE LI&HTNELL fr3:BI SF. WT. kttchsn NtL 'afar closet ® ® SECOND FLOOR DECK:333 S.F. UL KO. knock out GLASS STONE VENEER oAex nil vase con ale raa r•areerr are. ❑! ❑ pq rveedeG wW fabric eazaner Lne ENTRY WALK:46 S.F. W. nIdth/wld. CAULK and SEALANTS, MARBLE .SHEET: I'm whdow nano LIIe Iw:Iw•e,are FNAM. w Iced Mr.mesh 5EALAM �I - _ fADO'e°F sacra YUO without W/BACKER ROD-ie�_1 FLOOR COJERINS. t pm. wood JOINT FILLER-® RE51LIENT TILE ® I���• FLOORING 1 CARPET ❑ G oil 35'4' 4'-1,In' 4'41/2' 21-5 1/2' 6'-51/1' 2'-1' T'fi' T'-b' ❑ ❑ Mary A.Avjian 4'4` 1r-0• ,5'-0• 3'-b` Architects,P.C. 50 River Oaks Lane 3'-b• 3 4'-4 In• A Bual4 Co. 81621 (970)L927.7656 _ - i ISSUE: BUILT IN inn ENTRY P 114- HPG CONCEPTUAL:5-24-00 ai I 5OOK5 ELVE5 eLO1ar-:v+• �/���/ � • O S I D HPG FINAL:5-30-00 e � - PDR. t LIN aF PORCH PPOVE e WILDING P ERMIT,06-20_ 00 — -• ' aaa - IS'3 I/3" r I e A In. 31/2 6 A+.I C \J �5 I/2' �4• I/3' m'-2' II'-2' S I/2' 5112' MEDIA F 2h' BEDROOM 2 - m In. j 151/1' 302 Y - LIGH ENTRY HALL ri ioiv I m 4' 3 . '-10 BAR LINE OF F _ ABOVE II „II .ALIGN -2• 0` 2'-10' an9 9E" EAT I ECH�GAL ,U 31/2' OM ll-J-.- L--I--U 3o C V2 �..Imo., 'i a m i iH ae ry m '� "5' ,/4' m 8• e 2'•10' S'-9 40 5 1/1 DIA FT TO Bt Lu 3 If2' S V3' I ./4' 3'-II I/3' 2 V2 4 I/1' 11'01 1R RE5,5TITVOE CCON57F TICNN• BATH 4 m MASTER BATH ° 3IQ ao - .I/2' �� K el09 :o - 20T ry A :. 3'-I/2' S m I 1 3/6'SELF CLONN6 DOOR ry 1t BEDROOM 3 n 3'-0• Y 1 'r NNN-----NNN < Fl I\IS/�11 � .. c s LLJ W LINE OF < ---1 0 \'1 31/21 .. CO •L,, ,HOL R O III 4'-6' 3'-10' S' I/4" 3'-0' S'-31/2' 2'-10' 3'�" er ttp ` R0. Lv LAOM BUILT IN SIELVE5 3 _ W U ADLBZ MASTER BEDROOM i FD. 4 z C BEDROOM 4 206 BS• /T IoB a CLOSET ' I� fW G G E A" 1 L BAlob S C U"i I/3` B B LIGH L T - + . 41/1' ._2. 4 _ oo e R.O.RA. 0. \ ioe ioe \Y 3O6 e Q ry Y ry a 3 r m _ a03 A3.1 bl_T. ❑ ❑ SL,• PROJECT: , 51-111/2, 5'4 In' SMALL 4 LARGE FRIES LOT B DEVELOPMENT 35'4• DESCRIPTION: MAI,ln 7R PLANS B LOWER LEVEL FLOOR PLAN_ rA"� MAIN LEVEL FLOOR PLAN SHEET: A2.1 SCALE. 1/4"=1'-0" A2.1 SCALE: 1/4"=11-0` A20 I o ❑ ❑wra ❑ Mary A.Avjian —WTAL Architects,P.C. 50 River Oaks L Basalt,Co. 81621 (970)-927-7656 =EA u ISSUE: PLATE HEIGHT WPC C-ONCE-TUAL;5-24-00 ROOF 5ELoH— LINE 0AFTY(ALL HFC,r -E0.00 0a (�5 ? 0 KITCHEN 0 !p BELOm F_ &REEMOZE WINDOW A" SICTUMT F 7 lb. I %YL16HT ABOVE 'EN WHIAH 6VARDRAIL 4'-11/2• 4'-0 V2' 0' �b F LL DINING ROM f'77T El "-^ L] K HINPC 4 ABOVE Y-0 1/4' Q W115KA I TER— %W7 BE I'aR L] C0,15TR 4TION BAS APPLIANCE ------ 1) > PER MANIF.FUIE LIVING ROOM 5/8,SILr CL05INS DOOR Lu I—LIHEOF— F ABOVE = 11 () m FLLSH 5 HENZTH EAST DECK 6AS APPLIANCE 6T 1:)FCK Lu -ROOF BELOW TjT 4TTAL . RAIL Al ❑ ❑ PROJECT; 3'-5. SMALL 4 LARGE FPIE5 LOT E3 DEVELOPMENT 24'-6' e"q 1/B' rrwo-wv DESCRIPTION: UPPER/ROOF FLAN5 12 ❑ SHEET: rE3 ROOF PLAN A UPPER,LEVEL FLOOR PLAN �A 2 SCALE: I/4"=I'-0" A2.2 I-ALF1 A A9w 0 i9w ❑ ZONING CHECKLIST Owner's Name TVA, Permit 4 2L Contact Person Phone # Address Legal Description Zone District Certified Survey: PLANNING APPROVALS: RESOLUTION/ORDINANCE #: HPC: 77 —; Conditional Use: Design Review: 8040 Greenline: Stream Margin: View Plane: GMQS: Special Review: Bd of Adjustment: 01C ADU Deed Restriction: Reception# Tree Permit: TYPE OF WORK: New Construction Remodel/Addition Demolition/)�qlcation Single-Family Duplex Accessory Structure 0 Commercial Multi-Family - 9 of units Employee Housing - # of units LOT SIZE: LOT AREA: SETBACKS: Allowed (Principal/Accessory) Proposed (Principal/Accessory) Front Side Rear Combined Front/Rear Distance b Comer Lot: HEIGHT (Principal/Accessory): Allowed: Proposed: FLOOR AREA: Allowed: Proposed: Exempt Space (s.f.): Garage ADU Subgrade Decks NET LEASABLE SF: Existing: Proposed: OPEN SPACE %: Required: Proposed: BEDROOMS: Existing: Proposed: SITE COVERAGE: Allowed: Proposed: ON-SITE PARKING: Required: Proposed: FEES: Park Dedication: Cash-in-Lieu: ri N TT, �v'09 c C_,4,5 - y -------- 17 r' f RESIDENTIAL DESIGN STANDARDS ZONING REVIEW CHECKLIST SITE DESIGN BUILDING FORM Building Orientation: Secondary Mass: Build-to-Lines: Fence: PARKING, GARAGES & CARPORTS BUILDING ELEMENTS Access (i.e. alley): Windows: Garage width: Door: Garage location: Porch: Driveway cut: Principal window: Entrance width: One story element: Single stall doors? Lightwells: CONTEXT Materials: Inflection: ADDITIONAL NOTES: ALL OUTDOOR LIGHTING WE5T SLEEKER STREET MUST COMPLY WITH `" 1 ❑ ❑ THE CITY OF ASPEN LIGHTING CODE 0 Mary A.Avjian SECTION 26°575.150 _ _ ,r Architects,P.C. Fur _/ 1 H.Fur _ � 50 River Oaks Lane I \ I Basalt,Co.81621 I' ` 99 (970}927.1656 I CORRUGATED METAL BRICK WALK \ ❑ ❑ ROOFIw 1N ^ \� ISSUE: 7t— .. \ I HFC CONCEPTUAL:5-24-00 1 —CURVED ROOF TO VENTILATE ; \ 5NOWMELTED AREA(46 FJ 1 ° BUILDIN&PERMIT:02-06-01 AT SOFFIT ON THIS SIDE '/ ,.AV1 �" TEAT TAPE \`/ ✓Y CENTER OF ARC METAL b11TTER \ E:::S IN6 - 0 A.D. \•\ . TREES, a n ten_ K Tf0 E ROUTED GIANT s= = I I oj TLET Q MOD 5HINSLE ROOFING 1212 \ I RIDGE VENT '�:. �� ryII SKYLIGHT v I I _ D ++ D LW. 4'514' 114' =}3 EXISTIN6 5TRUCNRE rB-,� ADU ROOF PLAN ra In• rq In• _-- = — III p A2.3 SCALE: I/4"=1'-0" � \ 1 lLI--.II o LLJ Rte. LL 1 SE NO FLOOR DECK 1 '1 309 S.F.5N0 N 1 I \ W O AH, r Lu —Il v b W w W ONEHM 241 ° 1 _I EXISTIN6 T ITYP GAL °T T A I SPRUCE TREE CONCRETE Lu BATHROOM T.O.PLY DRNENIAY = = 9 \ Q� —N� p TO BE O MED s N ON TOP OF aF 105'-G• m i I IL V P Q � LA PROVIDE HOOK K Wp °f • . z LP5 FOR KV BY o GL05ET /� \ reNANr 777: + �-J� ( _ PLUHBINb CHASE s FI e — — — 1 '9 A ABOVE FLOOR 40• 7.•B. _ "7 up I I 5NDI0 - Ny 22 4 i 0 WALL ABOVE r, I�. "ADU.TO BE DEED / D 'I' KITCHEN I��`rilbfft ABOVE Y mac'f°s^-'-^ Q MgNDATOK 70 729 I E XCL FANCY-- OABV. ,1LDIN6 PERMIT / pLL .Y t ❑PROJECT: ❑ L 1 OG DOCUMENTS FOR N.D.L.TO BE 5MAL L s LARGE FRIE5 p4,c.FJ L- —1 DEVELOPMENT 5uB ID M1TT AT A LOT B D R _`� DESCRIPTION: / ADU PLAN5/ELEVATION5 SI /ROOF PLAN A2.3 5Cr,LE. I/5'=I'-O" �% v+•°a J—F-. j/// SHEET:El V7,101'-0' -ARCHITECTURAL 101'-O° i c; �A� ADU FLOOR PLAN i 1 rJ �' x { A29 SCALE: I/4"=1'-O" � �NTHE:LT TOTAL. LI6HTriELL Mi,75 S.F, e1 ///// \ ) LI6HTWF:LL•2:51 5.F. `C c1/ I� .�� 5ECO E1L 0 31 S.F. rr c 1 ENTRY'FLOOR DECK:333 S.F. e ENTRY-VALK,46 S.F. N� TCTpL., 452 5F r " AXO SHAKES CORRI VENTILATION CHANNELS VAPOR BARRIER COR)RUISATED VENTILATION CHANNELS T.C.PLATE TO RJN PARALLEL TO JOISTS A'r APEX OF OAZVEV ROOF :x4 NOOV 549 HS, /B POINT OF ROOF q CONTINUOUS SOFFIT VTNT5 Architects,P.C. ALL OUTDO 50 River Oaks L�ne B�It�Co.81621 MUST COMPLY WITH THE ASPEN LIGHTING COD BATH riTr-Hr=N 57'.010 cl SECTION 26.575.15o F-2271 F257 72-251 =41 ISSUE: ROLLED ASPHALT 54DINS AITH EXPOSED SUILDIN6 PAPER VAPOR BARRIER JOISTS . LARK HEAD STRUCTURAL A 24 W.48 VP NSLLA17ON D.H. 8,01 TRASID INSULATION(R-10) STRUCTURAL MEHIBER AND AT LEAST SECTION a Ol:12 ROOF SCALE 6TNONO SEAM METAL ROOF ix FURRNS STRIPS 0 16, O/c-RUN PERFINVICULAR TO I; ROOF FRAMINO STRIP By ROOFINS H(ANUF. NEOPRENE CLOSURE 5TRjP VAPOR BARRIER uj RATED VAPOR BARRIER R-11 BATT INSULATION 2,6 STUV5 51 PAM How 0*if KoiI SHEATH NS loc� AIR SPACE PRESSURE TREATED 2.10 STEEL BEAM-RII STRLVTURAL T.0.PLYND. DESCRIPTION: HEOPRI CLOSURE STRIP INSULATION CAULK AT EI OF RI&p SHEET: 2x PRESSURE TREATED N.01KIN5 1/2'EXTERIOR&RADE=AR nyyccp 6-r 5 At A3 HDqMR AND AT LEAST 24'MISR BUILOtNs ! / | I S. Galena ASPEN* Pl'r"I 01 73MMUNITY DEVELOPMF" ' r"-PARTMENT General Aspen; CO 81611 PERMIT APPLICATION Permit 970/920-5090 0016 920-5448 Inspection line PITKIN COUNTY ❑ CITY OF ASPEN P,, MIT No. Applicant to complete numbered spaces only. J 7, B 1. JOADDR»q •V . Fi� S l BD LEGAL LOT NO. BLOCK TRACTOR SUBDIIVISIION ,� 7 / /� (El SF-ATTACHED SHEET) CO- 2. DESC. ��A,'✓V )t::;( O/V DE OWNER MAIL ADDRESS ZIP PHONE 3. � 5 '� Z �`_ �� w � FD CONTRACTOR MAILADDRESS r PHONE��t6ENSENO FN 4. �,�lL w( r�1 a-� 5� �t-��t�> 3o R HITECT ENGINEER OF RECO D MAIL ADDRESS PHON ENSE NO M H 5. ,,� .- X2-3 S' ,. '� , `=� C�� MS DESIGNER - MAILADDRESS PHONE LICENSE NO R 7.6. KOF WORK ENERGY CODE FEE USE TAX CENSUS CODE G.I.S.FEE ,, // []ADDITION 11 ALTERATION [I REPAIR ❑ ` Y P3 N ( USE OF BU DING PLAN CHECK FEE PERMIT FEE ZONING FEE CID VALUATION OF WORK OUARE FOOTAGE Type of Co on Occupancy Group Lot Area 19. $ 5 ®� 10. . 1 T�C Is there food service in this building ❑YES NO Size of Buildingg No.of Stories Occ.Load 11. g (Total Square Ft.) 12. Is LPG used? ❑YES C�1� 46 4 t NO.OF BEDROOMS Use Zone Fire Spnnklers Required? ❑Yes ❑No 13. Parcel ID# `�� �� ) �- EXISTING ADDED�` L-1 1��/y 1 Alarm System Required? El Yes El No 14. Remarks - No.of Dweuing Units 4-1�IOFFSTREET PARKING SPACES i Covered Uncovered 2- i C� A// , ' `- SPECIAL APPROVALS REQUIRED AUTHORIZED BY DATE H.P. yK•/ C (Q PARK DEDICATION ENVIRO. HEALTH PR UBMITTAL APPLICATION ACCEPTED PLANS CHECKED APPROVED F R ISSUANCE / A �-( /� ENGINEERIN O .lam BY {/'}-'\}. BY D�� BY BY�y��_{.'_.-{�� PARK a 3 t FIRE MARSHAL J LATE" I a DATE DAT� DATE WATER T Lam.• V NOTICE PEIN CONSOL.SAN.DIST` SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, HEATING, OTHER VENTILATING OR AIR CONDITIONING. THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS,OR IF CONSTRUCTION PAYMENT OF PITKIN COUNTY USE TAX OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. ❑ MONTHLY OR QUARTERLY RETURNS WILL BE SUBMITTED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND ❑ DEPOSIT METHOD 0.5%OF 25%OF THE PERMIT VALUATION PAID KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AT ISSUANCE. A FINAL REPORT ON TOTAL ACTUAL COST MUST AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED BE FILED WITHIN 90 DAYS OF SUBSTANTIAL COMPLETION OF WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PRO- WORK AND/OR ISSUANCE OF THE CERTIFICATE OF OCCUPANCY. VISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. IT IS MY RESPONSIBILITY TO ❑ EXEMPT: EXEMPT ORGANIZATION 4REVIEW VAS D P NS AND ANY COMMENTS THAT ARE CONTAINED AT E STRUCTURE AND/OR PROJECT IS BUILT IN ❑ RESALE: STATE&PITKIN COUNTRY RESALE NO. AP (CABLE CODES. —5 /�1111 ANYONE WHO USES AND/OR CONSUMES BUILDING MATERIALS AND FIXTURES IN (DATE) PITKIN COUNTY IS SUBJECT TO THE 0.5%USE TAX. PROPERTY LIENS MAY BE PLACED ON THE OWNER'S AND/OR THE CON- SIGNATURE OF OWNER(IF OWNER BUILDER) (DATE) TRACTOR'S PROPERTY WHEN USE TAX IS NOT PAID THIS FORM IS A PERMIT ONLY WHEN VALIDATED WORK STARTED WITH OUT PERMIT WILL BE DOUBLE FEE Energy Code Validation Plan Check Validation Zoning Valid n Permit Validation 0.5%Use Tax Deposit Validation Ici I f WHITE-FILE COPY CANARY-APPLICANT PINK-BUILDING DEPARTMENT GOLD-ASSESSOR c. ORDINANCE NO. 46 %� (SERIES OF 2001) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING AMENDMENTS TO THE ACCESSORY DWELLING UNIT PROGRAM,SECTION 26.520,THE GROWTH MANAGEMENT QUOTA SYSTEM,SECTION 26.470,THE METHOD OF CALCULATING FLOOR AREA FOR ACCESSORY DWELLING UNITS, SECTION 26.575.020,AND ESTABLISHING DEFINITIONS FOR"DETACHED STRUCTURE" AND "ASPEN INFILL AREA," SECTION 26.104.100,OF THE LAND USE CODE. WHEREAS,the City Council and the Planning and Zoning Commission of the f City of Aspen directed the Planning Director of the Community Development Department to propose amendments to the Accessory Dwelling Unit Program provisions of the land use code pursuant to sections 26.208 and 26.212; and, WHEREAS,the amendments requested relate to Sections 26.520,26.470, 26.575.020, and 26.104.100,of the land use code of the Aspen Municipal Code; and, WHEREAS,pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions,or denial by the Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS,the amendments to the Growth Management Quota System (GMQS), as proposed herein, shall not be implemented retro-actively upon existing Accessory Dwelling Units but shall apply to properties seeking an exemption from GMQS on or after the date of final adoption of these amendments; and, WHEREAS,the Planning Director recommended approval of amendments to Sections 26.520, 26.470,26.575.020, and 26.104.100 of the land use code of the Aspen Municipal Code as described herein; and, WHEREAS,the Planning and Zoning Commission opened the public hearing to consider the proposed amendments to the Accessory Dwelling Unit Program on November 6,2001,took and.considered public testimony and the recommendation of the Community Development Director and recommended,by a seven to zero (7-0)vote, City Council adopt the proposed Accessory Dwelling Unit Program amendments to the land use code by amending the text of Sections 26.520, 26.470, 26.575.020, and 26.104.100 of the land use code of the Aspen Municipal Code as described herein; and, WHEREAS,the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director,the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, Ordinance No. 46, Series of 2001 Page 1 WHEREAS, the City Council finds that the proposed text amendments to the Accessory Dwelling Unit Program meet or exceed all applicable standards and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health,safety,and welfare. NOW;THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO as follows: Section 1 Section 26.520,Accessory Dwelling Units,which section defines,describes, authorizes, and regulates the process for developing and requirements for operating an Accessory Dwelling Unit, is hereby amended to read as follows: 26.520 Accessory Dwelling Units 26. 520.010 Purpose 26. 520.020 Definition 26. 520.030 Authority 26. 520.040 Applicability 26. 520.050 Design Standards 26. 520.060 Calculations and Measurements 26. 520.070 Deed Restrictions,Recordation,Enforcement 26. 520.080 Procedure 26. 520.090 Amendments 26. 520.010 Purpose The purpose of the Accessory Dwelling Unit(ADU)Program is to promote the long- standing community goal of socially, economically, and environmentally responsible development patterns which balance Aspen the resort and Aspen the community. Aspen values balanced neighborhoods and a sense of commonality between working residents and part-time residents.. ADUs represent viable housing opportunities for working residents and allow employees to live within the fabric of the community without their housing being easily identifiable as"employee housing." ADUs also help to address the affects of existing homes,which have provided workforce housing,being significantly redeveloped, often as second homes. ADUs support local Aspen businesses by providing an employee base within the town and providing a critical mass of local residents important.to preserving Aspen's character. ADUs allow second homeowners the opportunity to hire an on-site caretaker to maintain their property in their absence. Increased employee housing Ordinance No. 46, Series of 2001 Page 2 r opportunities in close proximity to employment and recreation centers is also an environmentally preferred land use pattern, which reduces automobile reliance. Detached ADU's emulate a historic development pattern and maximize the privacy and livability of both the ADU and the primary unit. Detached ADU's are more likely to be occupied by a local working resident, furthering a community goal of housing the workforce. To the extent Aspen desires detached Accessory Dwelling Units which provide viable and livable housing opportunities to local working residents, detached ADU's qualify existing vacant lots of record and significant redevelopment of existing homes for an exemption from the Growth Management Quota System. In addition, detached ADU's deed restricted as"For Sale"units, according to the Aspen/Pitkin County Housing Authority Guidelines, as amended, and sold according to the.procedures established in the Guidelines provide for certain Floor Area incentives. 26. 520.020 General An Accessory Dwelling Unit,or ADU,is a separate dwelling unit incidental and subordinate in size and character to the primary residence and located on the same parcel or on a contiguous lot under the same ownership. A primary residence may have no more than one ADU. An ADU may not be accessory to another ADU. A detached ADU may only be conveyed separate from the primary residence as a"For Sale" Affordable Housing unit to a qualified purchaser pursuant the Aspen/Pitkin County Housing Authority Guidelines, as amended. An ADU shall not be considered a unit of density with regard to zoning requirements.Accessory dwelling units shall not be used to obtain points in the affordable housing category of the Growth Management Quota System(GMQS). Accessory dwelling units also may not be used to meet the requirements of Chapter 26.530 "Residential Multi-Family Housing Replacement Program." All ADUs shall be developed in conformance with this Section. 26. 520.030 Authority. The Community Development Director, in accordance with the procedures, standards, and limitations of this Chapter and of Common Development Review Procedures, Section 26.304, shall approve,approve with conditions, or disapprove a land use application for an Accessory Dwelling Unit. An appeal of the Community Development Director's determination shall be considered by the Planning and Zoning Commission and approved, approved with conditions, or disapproved,pursuant to Section 26.520.080, Special Review. A land use application requesting a variation of the ADU design standards shall be approved, approved with conditions, or disapproved by the Planning and Zoning Commission,pursuant to Section 26.520.080, Special Review. Ordinance No. 46, Series of 2001 Page 3 A If the land use application requesting a variation of the ADU design standards is part of a consolidated application process,authorized by the Community Development Director,requiring consideration by the Historic Preservation Commission, the Historic Preservation Commission shall approve, approve with conditions,or disapprove the variation,pursuant to Section 26.520.080, Special Review. 26. 520.040 Applicability This Section applies to all zone districts within the City of Aspen in which an Accessory Dwelling Unit is a permitted use, as designated in Section 26.710, and to all Accessory Dwelling Units approved prior to the adoption of Ordinance No. Series of 2001. 26. 520.050 Design Standards All ADUs shall conform to the following design standards unless otherwise approved, pursuant to Section 26.520.080, Special Review: 1. An ADU must contain between 300 and 800 net livable square feet, 10%of which must be a closet or storage area. 2. An ADU must be able to function as a separate dwelling unit. This includes the following: a) An ADU must be separately accessible from the exterior. An interior entrance to the primary residence may be approved,pursuant to Special Review; b) An ADU must have separately accessible utilities. This does not preclude shared services; c) An ADU shall contain a kitchen containing, at a minimum, an oven, a stove with two burners, a sink, and a refrigerator with a minimum of 6 cubic feet of capacity and a freezer; and, d) An ADU shall contain a bathroom containing, at a minimum, a sink, a toilet,and a shower. 3. One parking space for the ADU shall be provided on-site and shall remain available for the benefit of the ADU resident. The parking space shall not be stacked with a space for the primary residence. 4. The finished floor height(s)of the ADU shall be entirely above the natural or finished grade, whichever is higher,on all sides of the structure. 5. The ADU shall be detached from the primary residence. An ADU located above a detached garage or storage area shall qualify as a detached ADU. No other connections to the primary residence, or portions thereof, shall qualify the ADU as detached. 6. An ADU shall be located within the dimensional requirements of the zone district in which the property is located. Ordinance No. 46, Series of 2001 Page 4 e 7. The roof design shall prevent snow and ice from shedding upon an entrance to an ADU. if the entrance is accessed via stairs, sufficient means of preventing snow and ice from accumulating on the stairs shall be provided. 8. ADUs shall be developed in accordance with the requirements of this title which apply to residential development in general. These include, but are not limited to, the Uniform Building Code requirements related to adequate natural light, ventilation, fire egress,fire suppression, and sound attenuation between living units. This standard may not be varied. 9. All ADUs shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26.520.070 Deed Restrictions. This standard may not be varied. 26. 520.060 Calculations and Measurements A. Floor Area. ADU's are attributed to the maximum allowable floor area for the given property on which they are developed,pursuant to Section 26.575.020 Calculations and Measurements. B. Net Livable Square Footage. ADUs must contain between 300 and 800 square feet of net livable floor area,unless varied through a land use review. The calculation of net livable area differs slightly from the calculation of Floor Area inasmuch as it measures the interior dimensions of the unit. 26. 520.070 Deed Restrictions and Enforcement. A.Deed Restrictions. At a minimum, all properties containing an ADU shall be deed restricted in the following manner: • The ADU shall be registered with the Aspen/Pitkin County Housing Authority. • Any occupant of an ADU shall be qualified as a local working resident according to the current Aspen/Pitkin County Housing Authority Guidelines, as amended. • The ADU shall be restricted to lease periods of no less then six months in duration,or as otherwise required by the current Aspen/Pitkin County Housing Authority Guidelines. Leases must be recorded with the Housing Authority. The owner shall retain the right to select a qualified renter. A detached and permanently affordable Accessory Dwelling Unit qualifying a property for a Floor Area Exemption,pursuant to Section 26.575.020(A)(6), shall be deed restricted as a"For Sale"Affordable Housing Unit and conveyed to a qualified purchaser, according to the Aspen/Pitkin County Housing Authority Guidelines,as amended. The Aspen/Pitkin County Housing Authority shall provide a standard form for recording Accessory Dwelling Unit deed restrictions. The deed restriction shall be Ordinance No. 46, Series of 2001 Page 5 recorded with the Pitkin County Clerk and Recorder prior to an application for a building permit may be accepted. The book and page associated with the recordation shall be noted in the building permit plans for an ADU. B. Enforcement. The Aspen/Pitkin County Housing Authority, or their designee, shall enforce the recorded deed restriction between the property owner and Aspen/Pitkin County Housing Authority. 26. 520.080 Procedure A. General Pursuant to Section 26.304.020, Pre-Application Conference,Applicants are encouraged to meet with a City Planner of the Community Development Department to clarify the requirements of the ADU Program. A development application for an ADU shall include the requisite information and materials,pursuant to Section 26.304.030. In addition,the application shall 'include scaled floor plans and elevations for the proposed ADU. The application shall be submitted to the Community Development Department. Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to the adoption of Ordinance No. 44, Series of 1999,and which complies with the requirements of this section may be legalized as an accessory dwelling unit,if it shall meet the health and safety requirements of the Uniform Building Code, as determined by the Chief Building Official. No retro-active penalties or assessments shall be levied against any bandit unit upon legalization. ADUs require a separate building permit. After a Development Order has been issued for an ADU,a building permit application may be submitted in conformance with Section 26.304.075. B.Administrative Review. In order to obtain a Development Order for an ADU, the Community Development Director shall find the ADU in conformance with the criteria for administrative approval. If an application is found to be inconsistent with these criteria, in whole or in part,the applicant may either amend the application, apply for a Special Review to vary the design standards, or apply for an appeal of the Director's finding pursuant to Subsection C, below. An application for an ADU may be approved, approved with conditions,or denied by the Community Development Director based on the following criteria: 1. The proposed Accessory Dwelling Unit meets the requirements of Section 26.520.050, Design Standards. Ordinance No. 46, Series of 2001 Page 6 2. The applicable deed restriction for the Accessory Dwelling Unit has been accepted by the Aspen/Pitkin County Housing Authority and the deed restriction is recorded prior to an application for a building permit. C.Appeal of Director's Determination. An appeal of a determination made by the Community Development Director, shall be reviewed as a Special Review pursuant to subsection D, below. In this case,the Community Development Director's finding shall be forwarded as a recommendation and a new application need not be filed. D. Special Review. An application requesting a variance from the ADU design standards, or an appeal of a determination made by the Community Development Director, shall be processed as a Special Review in accordance with the Common Development Review Procedure set forth in Section 26.304, The Special Review shall be considered at a public hearing for which notice has been posted and mailed,pursuant to Section 26.304.060(E)(3)(b and c). Review is by the Planning and Zoning Commission. If the property is a Historic Landmark, on the Inventory of Historic Sites and Structures, or within,a Historic Overlay District,and the application has been authorized for consolidation pursuant to Section 26.304, the Historic Preservation Commission shall consider the Special Review. A Special Review for an ADU may be approved, approved with conditions, or denied based on conformance with the following criteria: 1. The proposed ADU is designed in a manner which promotes the purpose of the ADU program,promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability; and, 2. The proposed ADU is designed to be compatible with, and subordinate in character to,the primary residence considering all dimensions, site configuration, landscaping,privacy, and historical significance of the property; and, 3. The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions,density, designated view planes,operating characteristics,traffic,availability of on-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. E. Inspection and Acceptance. Prior to issuance of a Certificate of Occupancy for an ADU, the Aspen/Pitkin County Housing Authority,or the Chief Building Official, shall inspect the ADU for compliance with the Design Standards. Any un-approved variations from these Ordinance No. 46, Series of 2001 Page 7 standards shall be remedied or approved pursuant to this chapter prior to issuance of a Certificate of Occupancy or Certificate of Compliance. 26. 524.090 Amendment of an ADU Development Order A. Insubstantial Amendment. An insubstantial amendment to an approved development order for an Accessory Dwelling Unit may be authorized by the Community Development Director if: 1. The change is in conformance with the design standards, Section 26.520.050,or does not exceed approved variations to the design standards; and, 2. The change does not alter the deed restriction for the ADU or the alteration to the deed restriction has been approved by the Aspen/Pitkin County Housing Authority. B. Other Amendments. All other amendments to an approved development order for an Accessory Dwelling Unit shall be reviewed pursuant to the terms and procedures of this Section. Section 2• Section 26.470.070(B)subparagraphs 1 and 2, which Section defines,authorizes,and regulates the process for exempting the development of single-family and duplex residences from the scoring and competition and scoring procedures of the Growth Management Quota System(GMQS), is hereby amended to read as follows: 1. Single-family. In order to qualify for a single-family exemption, the applicant shall have five(5)options: a. Providing an above grade, detached Accessory Dwelling Unit (ADU), pursuant to Section 26.520; b. Providing an Accessory Dwelling Unit authorized through Special Review to be attached and/or partially or fully subgrade, pursuant. to Section 26.520; or, c. Providing an off-site Affordable Housing Unit within the Aspen Infill Area accepted by the Aspen/Pitkin County Housing Authority and deed restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended; or, d. Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended; or, e. Recording a Resident-Occupancy (RO) deed restriction on the single- family dwelling unit being constructed. 2. Duplex. In order to qualify for a duplex exemption, the applicant shall have six (6) options: Ordinance No. 46, Series of 2001 Page 8 a. Providing one free market dwelling unit and one deed restricted Resident- Occupied (RO)dwelling unit with a minimum floor area of one thousand five hundred (1,500) square feet; or, b. providing either two above grade, detached Accessory Dwelling Units or one above grade, detached accessory dwelling unit with a minimum floor area of six hundred (600) net livable square feet, pursuant to Section 26.520; or, c. Providing either two Accessory Dwelling Units or one Accessory Dwelling Unit with a minimum of 600 net livable square feet authorized through Special Review to be attached and/or partially or fully subgrade, pursuant to Section 26.520; or, d. Providing an off-site Affordable Housing Unit within the Aspen lnfill Area accepted by the Aspen/Pitkin County Housing Authority and deed restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines,as amended; or, e. Providing two deed restricted Resident-Occupied (RO) dwelling units; or f. Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines,as amended. Section 3• Section 26.104.100,which section defines terms used in the Land Use Code, is hereby amended to include the following terms: Structure, detached. A structure not physically connected in any manner to another structure, above or below ground, exclusive of utility connections. Aspen Infill Area. That geographical area of Aspen east of Castle Creek and south of the Roaring Fork River. Section 4• Section 26.575.020(A)(6), which section defines the method in which Floor Area is calculated for Accessory Dwelling Units and attributed to the allowable Floor Area for the parcel, is hereby amended to read as follows: 6. Accessory Dwelling Units. An Accessory Dwelling Unit shall be calculated and attributed to the allowable floor area for a parcel with the same inclusions and exclusions for calculating Floor Area as defined in this Section, unless eligible for an exemption as described below: Detached and permanently affordable ADU Floor Area Exemption. One Hundred (100)percent of the Floor Area of an ADU which is detached from the primary residence and deed restricted as a"For Sale"affordable housing unit and transferred to a qualified purchaser in accordance with Ordinance No. 46, Series of 2001 Page 9 the Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be excluded from the calculation of Floor Area. Section 5: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6• If any section, subsection, sentence,clause,phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 7: That the City Clerk is directed,upon the adoption of this Ordinance,to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 8: A public hearing on the Ordinance shall be held on the 17th day of December 2001, at 5:00 p.m. in the City Council Chambers,Aspen City Hall,Aspen Colorado,fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. Ordinance No. 46, Series of 2001 Page 10 INTRODUCED,READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26th day of November,2001. Attest: Kathryn-S.Vc h,City Clerk fie K. t rud,Mayor FINALLY,adopted,passed and approved this 17'day of December,2001. Attest: Kathryn S: och,City Clerk 41Aenk. e d,Mayor Approved as to form: ity Attorney Ordinance No. 46, Series of 2001 Page 11 Jennifer Phelan From: Jennifer Phelan Sent: Thursday, September 13, 2012 2:28 PM To: 'Jody Edwards' Subject: 609 W. Bleeker Hi Jody: I've reviewed the submittal for 609 W. Bleeker and need a couple of things to deem it complete.A special warranty deed was submitted for proof of ownership but the code requires 1) a title report/ownership& encumbrance report or 2) disclosure of ownership from an attorney licensed in Colorado. Secondly,the deed notes that Mr. and Mrs. Schwartz were granted a 50% real interest in the property. Our code permits an application to be submitted by an ownership interest of more than 50%of the property., so you'll need to clarify that. I think I am going to take the case and I will send your application over to Cindy Christensen at APCHA today to get a referral. I may try to get this on an October agenda: 8th or 22nd so let me know if either date works for you.That is also dependant on getting an APCHA referral and reconciling the above mentioned items. I'm out of the office at S:OOpm today and will be out all of next week. I'll check back in on September 24th. Feel free to drop off any items in my absence. Thanks,Jennifer Jennifer Phelan,AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. C) G Aspen, CO 81611 970-429-2759 www.aspenpitkin.com 1 RECEPTION#: 575946, 12/16., at 02:00:03 PM, 1 OF 4, R 5.00 DF $231.25 Janice K. Vos Caudill, Pitkin County, CO SPECIAL WARRANTY DEED THIS DEED,Made December 14,2010 Between LMH Aspen,LLC,(collectively"Grantor")of the County of Pitkin and State of Colorado, and Rachel Kukes Schwartz and Mark Schwartz(collectively"Grantee")whose address is 375 Lake Park Drive,Birmingham,MI 48009. Witnesseth that Grantor,for Ten Dollars and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,hereby bargains,sells and conveys to Grantee,all of the following described lots or parcels of land,situate,lying and being in the County of Pitkin and State of Colorado,to wit: A 50%interest in the real property described as: LOT B,SMALL AND LARGE FRIES SUBDIVISION,ACCORDING TO THE PLATE THEREOF RECORDED DECEMBER 15, 1999 IN PLAT BOOK 52 AT PAGE 19 AS RECEPTION NO. 438589 COUNTY OF PITKIN,STATE OF COLORADO. Also known as:609 W. Bleeker,Aspen,Colorado 81611. Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof;and all the estate,right,title,interest,claim and demand whatsoever,of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,unto the Grantee, its successors and assigns forever;and Grantor warrants the title against all persons claiming under Grantor,subject to those items set forth on Exhibit A attached hereto and incorporated herein by this reference,all of the records of the Pitkin County Clerk and Recorder's Office. The singular shall include the plural,the plural the singular,and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF,the Grantor has hereunto set its hand and seal. SIGNATURES ON PAGE 2 MI,L►'-i F'Rif� DATE FiEP r(r,�; •�,It7 2��1v��t f 3`r s DAT, 1 Zl1� RECEPTION#: 575946, 12/ 2010 at 02:00:03 PM, 2 OF 4, Janice K. Vos Caudill, �tckin County, CO I SIGNATURE PAGE TO SPECIAL WARRANTY DEED LMI1 ASPEN,LLC a Colorado limited liability m n By: , Lorene M.He and(Ma e and Member STATE OF COLORADO ) )ss, COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 14th day of December,2010,by Lorene M. Hernandez, Manager and Member of LMH ASPEN LLC, a Colorado limited liability company, Witness my hand and official seal. My commission expires Wit. D Notary Public KATHERINE STASKAUSKAS NOTARY PUBLIC STATE OF C4LORAD4 my Commimw ExpIt"Sepl,12.2013 2 RECEPTION#: 575946, 12/1( )10 at 02:00:03 PM, 3 OF 4, Janice K. Vos Caudill, PiLtiin County, CO EXHIBIT A EXCEPTIONS TO SPECIAL WARRANTY DEED 1. Taxes for 2009 and prior years due and payable in 2010;and any tax,special assessment, charge or 1 ien imposed for water or sewer service or for any other special taxing district. 2. Unpatented mining claims,reservations or exceptions in patents or in Acts authorizing the issuance thereof,water rights,claims or title to water,whether or not any of the above are shown in the public records. 3. Reservations and exceptions as set forth in the deed from the City of Aspen described in Book 59 at Page 361 providing as follows:"that no title shall be hereby acquired to any mine of gold,silver,cinnabar or copper,or to any valid mining claim or possession held under existing laws." 4. Any and al easements,rights-of-way,plat notes,and any other matters as shown on the Plat recorded December 15, 1999 in Plat Book 52 at Page 19 under Reception No, 438589. 5. Terms,conditions,provisions,conditions and obligations ofResolution No.33,Series of 1999 Recorded September 13, 1999 under Reception No.435419. 6. Terms,agreements,provisions,conditions and obligations of Resolution No.39,Series of 1999 recorded September 13, 1999 under Reception No.435424, 7. Terms,agreements,provisions,conditions and obligations of Resolution No.40,Series of 1999 recorded October 7, 1999 under Reception No.436337. 8. Terms, agreements, conditions and obligations of Revocable Encroachment License recorded June 5,2000 under Reception No.443896. 9. Terms,conditions and provisions of Resolution#30,Series of 2000 recorded August 10, 2000 at Reception No. 445979. 10. Terms, agreements, provisions, conditions and obligations of Resolution No, 00-03, Series of 2000, granting a variance with conditions, recorded September 8, 2000 as Reception No, 446818, 11. Terms,agreements,provisions,conditions and obligations of Ordinance No.27,Series of 1999,regarding approval for a subdivision exemption for an historic landmark lot split, recorded October 5,2000as Reception No.447704. 3 RECEPTION#: 575946, 12/_ !010 at 02:00:03 PM, 4 OF 4, Janice K. Vos Caudill, PiLkin County, CO 12. Terms, agreements, provisions, conditions and obligations of Small and Large Fries Historic Lot Split Subdivision Exemption Agreement recorded October 25, 2000 as Reception No.447705. 13. Terms, conditions and provisions of deed restriction recorded August 3, 2000 at Reception No.445739. 14. Terms,conditions and provisions of Sidewalk Improvement Agreement recorded October 01,2001 at Reception No.459217. 4