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Land Use Case.1225 Alta Vista St.A092-99
3282 COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: /7 '. 7 / .-- 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection Other Fees: 1006 Copy 1302 GIS Maps 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of--way 1164 School District Land Ded. r TOTAL ; 1. J . 1 , , NAME: ; ' .,tu d J , /1. <2 -1.- 1 ADDRESS/PROJECT: PHONE: CHECK# ~ ·~ ~~" Ill...i . -<i-h CASE/PERMIT#: · \ # OF COPIES: t DATE: INITIAL: ~ : '- W --1-7 36 - f -22- - 9 t ol I .../*lili - 4 - . CASE NUMBER A092-99 PARCEL ID # 2735-122-61001 CASE NAME 1225 & 1227 Alta Vista Lot 22 West Aspen Sub. PROJECT ADDRESS 1225 & 1227 Alta Vista Lot 22 West Aspen Sub. PLANNER Nick Lelack CASE TYPE Conditional Use for ADU OWNER/APPLICANT Ben Hall/ Casey Clark REPRESENTATIVE same DATE OF FINAL ACTION 1/19/01 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION Never Completed Appr - 114 l/e lf f~w Co in3~ BOA ACTION cked «st/4. o n DATE CLOSED 1/19/01 -f- M e u elp · lk) fore BY Nick Lelack l€/.Plel/\ sal/ 0 L19 fll€\/ luct lifecl f-O 10 9 lf¢GAwok c J M C.,~ e jf 0 0- R--j 3 PARCEL ID: 12735-122-61001 DATE RCVD:-|10/12/99 # COPIES:jiI-- CASE NO~A092-99 CASE NAME:~ 1225 & 1227 Alta Vista Lot 22 West Aspen Sub. PLNR: 1 Tric-k l~«t PROJ ADDR:|1225 & 1227 Alta Vista Lot 22 West CASE TYP:~Conditional Use for ADU ' STEPS:~ OWN/APP: Ben Hall/ Casey Clar ADR Box 4063 C/S/Z: ~Aspen/CO/81611 PHN:~925-8280 REP:|same ADR:~ c/S/Z:~ PHN1 FEES DUE:~255 FF 160 H 160 E ~ FEES RCVD1575 STAT: F- REFERRALSj REF:| BY| DUE:| r .4.44.„ .. MTG DATE REV BODY PH NOTICED . ,= 2 DATE OF FINAL ACT~421(940 L - CITY COUNCIL: REMARKS~ PZ: CLOSED:| [/19(1 BY: 1 /~4>k Lelect> BOA: DRAC: PLAT SUBMITD: ~ PLAT (BK.PG): ADMIN: Nij #j)< T#M~ kb_(f , . .Appe« MEMORANDUM TO: Plans were routed to those departments checked-off below: O........... City Engineer 0........... Zoning Officer 0........... Housing Director O........... Parks Department O........... Aspen Fire Marshal 0........... City Water O........... Aspen Consolidated Sanitation District v......... .. Building Department O........... Environmental Health O........... Electric Department Holy Cross Electric v........... City Attorney O........... Streets Department O........... Historic Preservation Officer 0........... Pitkin County Planning FROM: Nick Lelack, Planner Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone-920.5095 Fax-920.5439 RE: Alta Vista Drive ADU 1225/1227 Alta Vista Drive, Lot 22, West Aspen Subdivision DATE: October 22, 1999 REFERRAL SCHEDULE DRC MEETING DATE:( 1:30-3:00 Sister Cities Mtg. Room) Oct. 27,1999 OTHER REFERRALS DUE TO PLANNER: Nov. 12, 1999 ENGINEERING REFERRAL DUE TO PLANNER: Nov. 12, 1999 Thank you, Nick. HAGMAN ARCHITECTS June 25, 1999 Jud 2 i999 Ms. Sara Thomas, City Zoning Officer Community Development Dept. ;ENT 130 South Galena Street Aspen, CO 81611 RE: Casey Clark/Ben Hall Duplex ~ Dear Sara: Thank you for meeting with us today regarding Casey Clark and Ben Hall's proposed duplex at 1225 and 1227 Alta Vista Drive - Aspen. We feel this is an exceptional project and commend Casey and Ben for their efforts to be sensitive to their neighbors and community. This letter shall serve to clarify and document our understanding of this meeting and previous discussions with Planning and Zoning to date. • Clark-Hall are proceeding under option#2 ("provide two free market units and one ADU with a minimum floor area of 600 square feet") of the five options to qualify for the duplex exemption as outlined in Mitch Haas' PRE-APPLICATION CONFERENCE SUMMARY -dated 6/10/99. Although, the Clark-Hall's intend to have two ADUs (Accessory Dwelling Units) each of more than 600 sq. ft., the second will be considered "voluntary" and exempt from GQMS Section 26.40.070(G). • Current requirements are for 450 sq. ft. maximum footprint for ADUs, although this is expected to change on 7/12/99 to read as 625 sq. ft. max footprint. Therefore, it was suggest (by Sara) that we design the ADUs footprints not to exceed 625 sq. ft. (which includes the proposed ADU garage). • The 700 sq. ft. max for an ADU is to the inside face of stud, where as the ADU's F.A. R. is to the outside face of stud. • Above grade detached (by minimum of ten feet wall to wall) ADUs are allowed FAR (Floor Area Ratio) bonuses. In which 50%, up to 350 sq. ft., of the floor area is "free" (i.e. does not count toward the lot's allowable FAR). • The exterior stair to the ADU counts as full F.A. R. • The exterior stair, due to its required egress nature, can extend beyond the setback lines as illustrated on the schematic plan. • The proposed buildings can go up to the setback, yet the roof overhangs and architectural projections (ex. Bay windows) can project up to 18" beyond the setback. • Bay windows count as full F.A. R. 0123 EMMA ROAD · SUITE 200 BASALL COLORADO 8 t 6 2 1 PHONE 970·927·3822 FAX 970·927·3899 HAGMAN ARCHITECTS • A below grade only connected, as is proposed here, will satisfy the 20% duplex connection requirement. • Required parking is one per bedroom with the maximum of two. In the case of a two bedroom ADU parking can be stacked. Casey intends to have a two-car garage for each duplex and a one-car garage for each ADU, neither of which are required. • Both ADUs garage floor areas will count as full F.A. R. • Regarding building height, Sara recommended that we design for a 32 ft. maximum ridge height for roofs with a slope of 8:12 or greater, due to the expected up-coming code revision. • Dormer heights shall be treated as a roof. • ADUs are allowed to have mechanical and storage in a non-habitable basement that dose not count as floor area. • Any one-story element linking a detached garage to the primary structure ("linked pavilion") is not counted toward F.A.R., provided the linking pavilion is 6 ft x 10 ft in plan. The pavilion may be larger, but the excess counts as full F.A. R. • The Owners are allowed to install a six feet fence around the entire property, if they choose. The fence regulations are scheduled to change Aug. 1St 1999, in which any fence forward of the street-facing facade will be limited to 42" max height. • Due to the adjacent park and the two-story neighbor on the other side, no "inflection" rule applies to this property, although :he required "one- story element" at the street facade still applies. The schematic plan's "Portico", if at least 20% of the bldg.'s overall width, can satisfy this requirement. This is true even if the element is cantilevered as in this case. The "Portico" can not have a two-story living element (i.e.: deck on top of "Portico") • We will need to apply for a variance to get approval for "House A's" garage orientation and the lack of a ten-foot setback. Please review the above information for accuracy and completeness, it will be considered correct unless I am contacted with 10 days. Thank You. Sincerely, dll_ Charles Rosenberg CC: Sarah Oak City Planning Tech. Casey Clark & Ben Hall Hagman Architects Job Files 0123 EMMA ROAD · SUITE ZOO BASALT, COLORADO 81621 PHONE 970·927·3822 FAX 970·927·3899 t 926-14_36 067 04- al LI gas·e Livk 00 88,18,/1 ak 92.5 -22-© /~ 1/0~ h€« *ix ¢5;468- o vi AO?L-,9 , which ma~ be reduced via a payment in lieu. quare feet of net leasable area; these spaces may be cing that is approved by the commission by special 7-1988, §§ 2, 5, 7, 16; Ord. No. 6-1989, § 4; Ord. 1. No. 35-1992, § 1; Ord. No. 60-1992, § 1; Ord. 1. No. 31-1995, § 2; Ord. No. 38-1996, § 2: Code odge/Tourist Residential (L/TR) zone district is to :s in the area at the base of Aspen Mountain and to duplex and multi-family residential dwellings. ises are permitted as of right in the Lodge/Tourist wellings, only on lots of 6,000 square feet or less; ASPEN, COLORADO i ) 0-0 . ld) 106 f 7 93 L-/- 0 6-9 694 8 Lf RD ~130 L ka«~ 413 6&02 4« to 6 4, (2 5 Id tj €~ Abu prof» 19\ itr bgl, ax ch Dt -6Ce J -04 r€gfv~2611a af-- 46- *ui bel V ~ NE · 19 1 Nt--30:-- bjU-_ For CITY OF ASPEN information, contact 970.920.5000 or www.aspengov.com a Housing Office 530 East Main Street, Lower Level Aspen, Colorado 81611 (970) 920-5050 Fax: (970) 920-5580 MEMORANDUM TO: Nick Lelack, Community Development Dept, FROM: Stefanie A Levesque, Housing Office DATE: October 27,1999 RE: Ben Hall & Ca*ey Clark Conditional Use for an ADU - 1225/1227 Alta Vista Drive Parcel ID No. REQUEST: The applicant is requesting approval for an accessory dwelling unit to be located above grade. BAQKGROUND: According to Section 26.520, Accessory Dwelling Units, a unit shall contain not less than 300 square feet of net livable area and not more than 700 square feet of net livable area. ISSUES: When the Housing Office reviews plans for an accessory dwelling unit, there are particular areas that are given special attention. They are as follows: 1. The unit must be a totally private unit, which means the unit must have a pnvate entrance and there shall be no other rooms in this unit that need to be utilized by the individuals in the principal residence; i.e„ a mechanical room for the principal residence. 2. The kitchen includes a minimum of a two-burner stove with oven. standard sinki and a 6-cubic foot refrigerator plus freezer, 3. The unit is required to have a certain peroentage of natural light Into the unit; i.e., windows, sliding glass door, window wells, etc., especially if the unit Is located below grade. The Uniform Building Code requires that 10% of the floor area of a unit needs to have natural light. Natural light is defined as light which is clear and open to the sky. 4. A deed restriction MUST be recorded PRIOR to building permit approval. The deed restriction shall be Obtained from the Housing Office. 5. 5. The total floor area of the principal and accessory dwelling unit shall not exceed the allowable FAR of the applicable zone district. According to the section of the code 26.575.020 A,6 the ADU shall be deed · restricted, registered with the APCHA, and rented to an eligible working resident of Pitkin County. The owner shall retain the right to select the renter for the unit. RECOMMENDATION: After reviewing the application, the Housing Office recommends approval on the condition that issues 1-5 above are met prior to building permit approval. Prior to C.O. the Housing Office requires a site tour to inspect the unit. referral\eldr,798.adu 2'd 0-30 SNISnOH NldSW Wt,62:0I 66, 20 AON CITY OF ASPEN PARKS DEPARTMENT All trees to remain on site shall be fully protected with a structural fence (before construction begins) placed outside the dripline. Site will be inspected before any construction begins. No excavation or storage o f materials or backfill will be allowed within this barrier. Trees shall be provided adequate moisture (irrigation) during periods of construction. LAND USE APPLICATION PROJECT: Name: Location: \»-5)/ AO,7 14#AL V,s+A Lot *2 Oest)4s D« su b (Indicate street address, lot & block number. legal description where approphate) APPLICANT: Name: -be« 1-laft , 2 4 1 61 Clark- 1 Address: IB o x 4 0 4 3 ~-A spa~ j c 6 8/6/ A- 1 Phone #: 9,6-- 8&80 REPRESENTATIVE: Name: Sa-e a.1 41 ove Address: Phone #: TYPE OF APPLICATION: (please check all that apply): Conditional Use E Conceptual PUD I~ Conceptual Historic Devt. Special Review Il Final PUD (& PUD Amendment) E Final Historic Development Design Review Appeal D Conceptual SPA Il Minor Historic Devt. GMQS Allotment I) Final SPA (& SPA Amendment) El Historic Demolition GMQS Exemption E Subdivision U Historic Designation ESA - 8040 Greenline, Stream D Subdivision Exemption (includes I) Small Lodge Conversioni Margin, Hallam Lake Bluff, condominiumization) Expansion Unlintain Vie,v Plane E Lot Split C Temporary Use E Other: E Lot Line Adjustment El Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc)__ - 2 k a l f- oL p 1-q ovd-U C.ov~,~ec.-1-ect ? 1 Aara&e. 0. 1:ue ,~ /1- > 1-£..+ 442 041-e..r. 7€au:'ow.3 c,~prova-l -a''J€-AL -tsr a. -Fe..ce- arot-u,·Lo~ 414,44' 2 p ce>pEr-.1.4 . L4 PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 12 1 e.0 al o p -R K is F: w. Cl £4-,p, le~ f re -ple-ce Le.'44 ne--4-u oQu,p~€14 4 rN I 'p o,~j; bly a Ai) l) 's Heye you attached the following? FEES DUE: S qf Pre-Application Conference Summary @fAttachment #1, Signed Fee Agreement El Response to Attachment #2, Dimensional Requirements Form see 1-prove*e.,£4- .su,ve,4 ''- s•+e pja_- [¥'Response to Attachment #3, Minimum Submission Contents ® Response to Attachment #4, Specific Submission Contents Gl~Response to Attachment #5, Review Standards for Your Application 0 0 c] c] 010 SUMMARY: This application for approval of an Accessory Dwelling Unit (ADU) has been prepared and submitted by Ben Hall and Casey Clark. We are long-time local residents of Aspen, who have raised our child, Cooper, here. We contribute to this community in many ways, not the least of which is Ben's work as the snowboard instructor for the Aspen Valley Ski and Snowboard Club (AVSC). We live at 1225/1227 Alta Vista Drive, off Cemetery Lane. We intend to demolish the existing duplex and detached garage and replace it with a new duplex and detached ADU. As demonstrated in the following application, our proposal exceeds the minimum requirements for Conditional Use approval of an ADU, and in turn, a GMQS Exemption for the reconstruction of our duplex. Our ADU will be detached from the primary residences, above-grade, contain 700 square feet of net livable space in two-stories with additional storage in the basement and have a building footprint of 520 square feet (less than 625). This will be a fantastic unit for any employee as it will have privacy, views, a water feature, built-in furniture, a fireplace, decks and patios, lots of natural light, plenty of living and storage space, a full bedroom, one and one-half bathrooms, and a dedicated off- street parking space. As such, it is our understanding that we will be entitled, upon approval, to an automatic FAR bonus of 350 square feet (without the imposition of a mandatory occupancy clause on our deed restriction) simply for designing our ADU as an above-grade, detached unit with a footprint of less than 625 square feet. Nevertheless, as our submitted plans clearly demonstrate, we have gone well beyond these minimum requirements to provide a unit that someone shopping the free market would be elated with. We do, however, fully understand that we will be required to complete and execute a deed restriction with the Aspen/Pitkin County Housing Authority limiting our available rental market to eligible working residents of Pitkin County who are interested in rental periods of no less than six (6) months at a time. It has also been explained to us that we can still choose the renter (provided said renter qualifies under the applicable Housing Guidelines) and set the rental rate. It is our intention to rent this unit. LOCATION: 1225/1227 Alta Vista Drive, legally described as Lot 22, West Aspen Subdivision. ZONING: The property is zoned R-15, Moderate-Density Residential. 1 CURRENT LAND USE: Two single-family residential units in a duplex configuration with a detached two-car garage. LOT SIZE: The lot has a gross area of approximately 18,492 square feet. ALLOWABLE FAR: Pursuant to the R-15 zoning designation, duplexes on a lot of 18,492 square feet (there are no applicable lot area reductions) are limited to a floor area of 5,130 square feet. City of Aspen Land Use Code Section 26.520.020(A)(1) provides a permissible range of 300 to 700 square feet of net livable area for ADUs. Our ADU will have 700 square feet of net livable space; it will also contain 811 square feet of FAR floor area, minus a 350 square foot bonus, for a net of 461 square feet counting toward the total allowable FAR on the lot. The relevant figures associated with our ADU proposal are: • Total FAR square footage (to outside face of stud walls, includes stairs on main level only, excludes entire basement) = 811 (minus 350 square foot bonus) • Breakdown: - Basement = completely exempt (but includes 520 square feet of storage and mechanical space). - Main Level = 512 square feet. - Upper Level = 299 square feet. • Total Net Livable Square Footage (to inside face of stud walls, excludes stairs on alllevels, excludes entire basement) = 700 square feet • Breakdown: - Basement = completely exempt, no livable space - Main Level = 408 square feet. - Upper Level = 292 square feet. • Building Footprint (perimeter of exterior wall on grade level excluding decks/porches/terraces) = 520 square feet • Decks, balconies and exterior stairways (up to 15% of allowable FAR exempt) = 67 square feet on upper level. 2 • Covered porches (FAR exempt) = Main level, 120 square feet; Upper level, 172 square feet. • Linking Pavilion (to duplex unit "B") = 60 square feet. • Loggias = none. PROPOSED LAND USE: A duplex structure connected below grade to help break up its mass, and allow for additional landscaping and additional privacy, as well as to give the appearance of two detached single-family homes. A detached Accessory Dwelling Unit is also proposed. REVIEW PROCEDURE: Accessory Dwelling Units (ADUs) require conditional use approval by the Planning and Zoning Commission at a public hearing. It is a one-step review that requires notification to be published, posted and mailed in accordance with Section 26.304.060(E). The following sections of the code are applicable to this conditional use review: Section 26.520.020, Accessory Dwelling Units; Section 26.425.040, Standards Applicable to All Conditional Uses; and, Section 26.410.040, Residential Design Standards. We have attempted to design the ADU structure to comply with all of the Residential Design Standards, and believe that we have been successful in this vein. Nevertheless, if it is found that any variances will be required from the City's Residential Design Standards, we would like an opportunity to redesign or respond in writing to the specific variance criteria prior to the hearing. Also, if a variance(s) is to be requested, we would prefer that the request be heard by the Planning and Zoning Commission concurrently with our Conditional Use Review. Should this be necessary, please notify us in time to respond, prepare, and/or post the necessary public notice sign on our property. REVIEW STANDARDS: The following section of this application provides each of the applicable review standards (organized by Code Section), where each standard is followed by our response demonstrating compliance and/or satisfaction of the requirement. LJ Section 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. U 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. RESPONSE: The ADU will contain 700 square feet of net livable space. As explained above, we understand that the unit will be deed restricted, registered with the housing office, and available for rental to eligible working residents of Pitkin County for periods of no less than six (6) months. It is also understood that, as the owners, we will still have the right to set the rental rates and choose the renter, provided said renter qualifies under the applicable Housing Guidelines. Although it is our intention to rent the unit, since a the FAR bonus will be automatic in our case, there will not be a mandatory occupancy provision on the deed restriction. A dedicated parking space is provided, as shown on the site plan. In the interest of preserving four (4) mature and healthy trees, the parking space could not be located directly in front of the unit, but we have attempted to make this situation as comfortable as possible by providing a covered walkway from the parking space to the front door of the ADU. With the flared-out section of the driveway, there will be adequate room for turning around when backing out of the space so as to make backing all the way out of the driveway unnecessary. This area will also provide enough room for guest parking. 2. An attached accessory dwelling unit shall be subject to all other dimensional requirements of the underlying zone district. RESPONSE: This standard is not applicable since our ADU will be detached. 3. An attached accessory dwelling unit shall utilize alley access to the extent practical. RESPONSE: This standard is not applicable since our ADU will be detached, and there is no alley available. B. Development review standards. The review standards.for an accessory dwelling unit areas jbllows: 1. The proposed development is compatible and subordinate in character with the primary residence located on the property and with the 4 development located within the neighborhood, and assuming year-around occupancy, shall not create a density pattern inconsistent with the established neighborhood: RESPONSE: The ADU would be located in the rear portion of the lot behind two primary structures (one structure below grade). It has been designed to be fully compatible with the designs being contemplated, but not yet finalized, for the principal residences. The structure will be 100-150 feet from the street, and with its total width being less than 25 feet, will be subordinate to the primary residences. Therefore, it will be compatible with and subordinate in character to the primary residence. The property is located in a firmly established residential neighborhood made up of a mix between duplexes and single-family residences (some with and some without accessory dwelling units), a few multi-family residences, and many open space, park, and recreation areas. The ADU will be located on a pond, and will be compatible with the character of the existing neighborhood and adjacent park. It will not create a density pattern incompatible with that already established in the area. 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 the dimensional requirements. RESPONSE: No variances from the dimensional requirements of the underlying zone district are needed or requested. It has been designed and sited to comply with every dimensional requirement of the R-15 zone district. 3. The Planning and Zoning Commission and the Historic Preservation Commission may exempt existing nonconjorming structures, being converted to a detached accessory dwelling unit, .ttom Sections 26.520.030(B)(2)(a) through (11) provided that the nonconformity is not increased. RESPONSE: This standard is not applicable as no nonconforming structures are being converted, or exist for that matter. The remaining ADU Review standards (B.4., C., D., and E.) do no elicit responses as they are not applicable and/or are simple declarative statements. 5 3 Section 26.425.040, Standards Applicable to All Conditional Uses Pursuant to Section 26.425.040, a development application for a conditional use approval must meet the following standards: (A) The conditional use is consistent with the purposes, goals, objectives and standarck of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. RESPONSE: The stated Purpose of the R-15 zone district is, in relevant part, "to provide areas for long-term residential purposes with customary accessory uses . ." Our development plan will provide two primary residences in a duplex configuration along with an Accessory Dwelling Unit. All of these units will provide long-term residential accommodations (ADU limited to rental periods of not less than 6 months in duration), and ADUs are certainly a customary accessory use in the Aspen area. Further, ADUs are allowed as conditional uses in the R-15 zone. One of the stated themes of the AACP with regard to "revitalizing the permanent community" is to "increase resident housing." Also, the proposal is consistent with the following specific purposes, goals, objectives and standards of the AACP: • "Promote, market and implement Cottage Infill and Accessory Dwelling Unit programs;" • Develop small scale resident housing which fits the character of the community and is interspersed with free market housing throughout the Aspen Area and up valley of Aspen Village;" and, • "The public and private sectors together should develop... employee- occupied accessory dwelling units, to achieve the identified unmet need to sustain a critical mass of residents." (B) The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. RESPONSE: Again, our property is located in an established residential neighborhood made up of a mix between duplexes and single-family residences (some with and some without accessory dwelling units), a few multi-family residences, and many open space, park, and recreation areas. Our ADU will be located on a pond, and will be compatible with the existing uses in the neighborhood. 6 With regard to the surrounding neighborhood's character, the Cemetery Lane area has been undergoing a substantial amount of redevelopment in recent years, resulting in an eclectic mix or architectural styles and genres. Much of the neighborhood's post-modern, 1970's architecture still remains, while much has been scraped and redeveloped with a wide variety of styles (for better or worse). Consequently, it is difficult to determine what is, versus what is not compatible with the character in the immediate vicinity. Notwithstanding, we have attempted to be sensitive to the existing neighborhood character in the design of our ADU structure by locating it toward the rear of the lot adjacent to the City- owned park. We have attempted to perpetuate the park-like atmosphere by preserving as many trees as possible, maintaining the pond, and providing decks/terraces to take advantage of this water feature while maximizing the renter's enjoyment of it. (C) The location, size, design and operating characteristics of the proposed conditional use minimizes adverse e#ects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. RESPONSE: The ADU's location, size, and design will minimize any potential adverse visual impacts. Like all of the surrounding properties, the ADU's parking and trash service would be accessed from the street in front of the property (Alta Vista Drive). No noise, vibration, or odor related impacts are expected. With regard to operating characteristics, the entrance of the ADU will be covered by a roof overhang to prevent ice from falling and snowfall from accumulating. The unit will far exceed the minimum requirements for sunlight have its own private access, a full bathroom and a half-bathroom, and a kitchen with a refrigerator, stove, sink, countertop, and cabinetry. It will have sleeping facilities (bedroom) separate and upstairs from the living areas. It includes more amenities than many free market residences found throughout the Aspen area. More than enough storage space will be provided in the basement. It will have its own mechanical space. The proposed ADU would operate like any other residence or ADU found in the City of Aspen. We believe we have designed the "model" ADU, and the epitome of what the program strives for. In fact our ADU exceeds all requirements being contemplated in the proposed amendments to the ADU program and regulations. (D) There are adequate public facilities and services to serve the conditional Use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems. and schools. 7 RESPONSE: There are adequate public facilities and services to serve the proposed use. The structures will be within a long-since established neighborhood. (E) The applicant commits to supply affordable housing to meet the incremental need.for increased employees generated by the conditional use. RESPONSE: While the proposed development of an ADU will not generate an increase in the employment base, the applicant will be supplying an ADU which, pursuant to Section 26.520.020(A)(1), will be deed restricted, registered with the housing office, and available for rental to eligible working residents of Pitkin County for periods of not less than six months in duration, thereby serving the need for affordable housing in the City of Aspen. It is the owners' intention to rent the unit. (F) The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. RESPONSE: The proposed conditional use will comply with all additional standards imposed on it by the AACP and by all other applicable requirements of the Municipal Code, such as those contained in Section 26.410.040, Residential Design Standards, unless variances are granted by the Commission. 8 Vicinity Map of 1225 & 1227 Alta Vista -._-M£6* Flats-Rd i \% \% 3 3 'O 1 ----_1...Stage Rd - \ 9- 199 a le x \ /23,0 r 1·2„. Pe© 1---, -~12%3 1 6 --1-0 -- 1225 Atia Vigta St. \40 / \ 64«--~---4 : 1 0< -1225 Alta Vista Sti /7 8 Aspen, CO 81611 \ ~ 11 //, «···4 F»«____1 - 1-4 .-I / 10 1 1 Y 5 S 2 N / / 4 « 0 -v'v H 89 w-fl - f 0«<st_.Pic--#9/4-9fd 6 u 2 <3942 i \ 9/ --~<-~ ~- Aspqi:; / 6 1 0/ W = -xs.<Le1 e RE] Ef \ Rect~nior, R-ostcuratlll 1/ 3 / 3 1/. * i j 1 / 4/ U g / , /.9 , I Co ~ t\« \/ o 1 u.....LE~-1/ c. bi*142 QR Copyright© 1988-1997, Microsoft Corporation ana/or Its suppliers. All rights reserved Please visit our web site at http://maps.expea,a com. Page ~1 SMOpeaW 49 ~Owood fL~ I CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY* PLANNER: Mitch Haas, 920-5095 DATE: 6/10/99 PROJECT: Clark-Hall Residence (Lot 22, West Aspen Subdivision), addressed as 1225 and 1227 Alta Vista Drive APPLICANTS: Casey Clark and Ben Hall --- 925-8280 TYPE OF APPLICATION: Conditional Use Review for an ADU and Residential Design Review DESCRIPTION: The triangular-shaped, 18,492 square foot lot is zoned R-15, Moderate-Density Residential, and currently contains a small pond, a ditch, a duplex structure, and a detached garage. The site is located on Alta Vista Drive within the West Aspen Subdivision, adjacent to the Municipal Golf Course and "Tot Lot" Park. The owners will be seeking Conditional Use approval for two (2) detached Accessory Dwelling Units (ADUs) in order to earn a GMQS Exemption pursuant to Section 26.470.070(B)(2) for the replacement after demolition of a duplex structure. Under the provisions of said Section, an applicant has the following five (5) options to qualify for the duplex exemption: 1) provide one free market unit and one deed restricted, R.O. unit with a minimum floor area of 1,500 square feet: 0 provide two free market dwelling units and one ADU with a minimum floor area of 600 square feet; 3) provide two free market dwelling units and two ADUs, each with a minimum floor areaof 300 square feet; 4) provide two deed restricted, R.O. units; or 5) pay the applicable affordable housing impact fee. Since the applicants, in this case, intend to submit an application for two ADUs, each of more than 600 square feet, one of the ADUs would be considered adequate for the GMQS Exemption to reconstruct a duplex, and the other would be considered "voluntary." "Voluntary" ADUs are exempt from GMQS pursuant to Section 26.470.070(G). The exemptions are available only if Conditional Use Review approval is granted by the Planning and Zoning Commission at a public hearing pursuant to Chapter 26.425. It should be noted that the applicant intends to obtain FAR bonuses for half the approved square footage of both ADUs. Currently, to obtain an "automatic" bonus (one which would be granted without the imposition of "mandatory occupancy" requirements on the deed restrictions), the proposed units must be detached from the , principal structure by at least ten feet --'10' x 6' linking pavilions are exempt from this provision, be above grade, and have a maximum building footprint of 450 square feet. Upon the Planning and Zoning Commission's unanimous recommendation and the recommendation of the Community Development Department, it is expected that City Council will amend these requirements at their July 12, 1999 hearing to allow for the "automatic" bonus under the same standards but with a maximum building footprint of 625 square feet. If the standards for an "automatic" bonus are not satisfied, the Commission will grant such bonuses only if the applicant accepts a condition requiring a "mandatory occupancy" provision on each of the deed restrictions. As with all residential development, Residential Design Review would also be required. The Residential Design Review would be carried out by Community Development Department staff; however, if any variances are to be necessary or requested, the applicant shall have the choice (one or the other, but in no case both) of having the Commission hear the variance request(s) at the same public hearing as the conditional use review, or opting, instead, to have the Design Review Appeal Committee decide upon the variance request(s). Applicable Land Use Code Section(s) --- new code: Chapter 26.425, Conditional Uses; Section 26.520.040, Accessory Dwelling Units; Section 26.710.050, Moderate-Density Residential (R-15); Chapter 26.575, Miscellaneous Supplementary Regulations, including: Section 26.575.020, Calculations and Measurements, Section 26.575.040, Yards, Section 26.575.050. Fences, and Section 26.575.150, Lighting: Chapter 26.304, Common Development Review Procedures; Chapter 26.410, Residential Design Standards (as amended); Section 26.470.050, GMQS Exemptions; Section 26.515.030, Required Number of Off-Street Parking Spaces; and, Section 26.610, Park development Impact Fee. Review by: Community Development Department and City of Aspen Planning and Zoning Commission. Public Hearing: Yes, the conditional use review requires a public hearing, and the notice requirements outlined in Chapter 26.304 will have to be followed. Residential Design Variances can only be granted at a public hearing, but noticing for these requires only that the proper sign be posted on the property five (5) days in advance of the hearing and that an executed affidavit of notice be presented to staff on the day o f the hearing. Referral Agencies: Engineering, Housing, Parks, Zoning, Fire Marshal, ACSD, Water, Electric, Building, and Streets. Planning Fees: Planning Flat Fee ($255) Referral Agency Fees: Engineering, ($160), and Housing ($160). Total Fee: $575 payable to the Aspen/Pitkin County Community Development Department. To apply, submit the following information: (Also see Section 26.52.030, Application and Fees) 1. Proof of ownership. 2. Signed fee agreement. 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. 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. 5. Total deposit/fee for review of the application. 6. 1 Copy of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 2 NOTE: The one (1) copy submittal will be reviewed by staff for completeness. If determined to be complete, the applicant shall be notified and asked to submit 20 additional sets of the complete application. If determined to be incomplete, the applicant shall be informed as to what additional materials are needed, and asked to submit 20 additional sets of the complete and supplemented application. 7. An 8 !4" by 11" vicinity map locating the parcel within the City of Aspen. 8. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. 9. A written description of the proposal and an explanation in written, graphic, or model form describing how the proposed development complies with each of the review standards relevant to the development application. Please include and clearly indicate existing conditions as well as proposed. 10. For Residential Proposals (Design Standards): a) Neighborhood block plan at 1"=50' (available from City Engineering Department) Graphically show the front portions of all existing buildings on both sides of the block and their setback from the street in feet. Identify parking and front entry for each building and locate any accessory dwelling units along the alley. Indicate whether any portions of the houses immediately adjacent to the subject parcel are one story (only one living level). b) Site plan at 1"=10'. Show ground floors of all buildings on the subject parcel, as proposed, and footprints of adjacent buildings for a distance of 100' from the side property lines. Show topography of the subject site with 2' contours. c) All building elevations at 1/8" = 1'-0 or other legible scale. d) Floor plans, roof plan, and elevations as needed to verify that the project meets or does not meet the "Primary Mass" standard. e) Photographic panorama. Show elevations of all buildings on both sides of the block, including present condition of the subject property. Label photos and mount on a presentation board. 11. List of the names and addresses of all adjacent property owners within 300', exclusive of public rights-of-way, for public hearings. 12. Copies of prior approvals, if any. 13. All other materials required pursuant to the attached submittal requirements packets, including a SITE PLAN showing the entire property as well as all proposed improvements and their locations on the site. 14. It will be necessary to indicate in the written materials submitted pursuant to number 9, above, whether or not you are seeking to obtain an FAR bonus for the ADUs, and to clearly indicate the net livable and gross square footages of the proposed ADUs. One designated off-street parking space must be provided for each ADU. In the event that you should have any questions regarding the foregoing, please do not hesitate to contact Mitch Haas of the Community Development Department at 920-5095 or by email at mitchh@ci.aspen.co.us. * The foregoing summary is advisory only and is not binding on the City. The opinions contained herein are based on current zoning and regulations, which are subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not, in any way, create a legal or vested right. ATTACHMENT 6 PUBLIC NOTICE Ruih L. Hanrahan 805 Bonita Dr. Aspen, CO 81611 Alvin L. Siwak Trust 323 Carlyle Lake Dr. St. Louis, MO 63141 Ray & Betty Larson 1711 Drummond St. Eau Claire, WI 54701 James Riley 311 S. Wacker Dr. STE: 6400 Chicago, IL 60606-6622 Jamie & Maurice Emmer 660 Hansen Way Palo Alto, CA 94304 City Of Aspen 130 S. Galena St. Aspen, CO 81611 Donald & Virginia Chaloupka Box 393 Fraser, CO 80442-0393 First Babtist Chufch 726 W. Francis St. Aspen, CO 81611 Laura Danks 845 Cemetery Lane Aspen, CO 81611 Marilyn Beer 1443 Dahlia St. Denver, CO 80220 Betsy Black Box 3904 Aspen, CO 81612 Philip Kendall 1915 Wood Ave. Colorado Spings, CO 80907 OCT.11.1999 10:06AM ST ' TITLE ASPEN NO.016 P.2 ALTA LOAN POLICY SCHEDULE A Order Number: 00026396 Policy No.: M-9702-39904 Date Of Policy: September 15, 1999 at 12:47 P.M. Loan No.: 516605 Amount of Insurance: $ 7 BO, 000.00 1. Name of Insured: FIRST CAPITAL ITS SUCCESSORS AND/OR ASSIGNS 2. The estate or interest in the land which is encumbered by the insured montage is: FEE SIMPLE 3. ntie lo the estate or interest in the land U vested in: J. BENNETT HALL and CASEY CLARK HALL 4. The insured mortgage and ossignments thereof. ifam. are d€scribed as follows: A Deed of Trust dated September 1, 1999, executed by J. Bennett Hall and Casey Clark Hall, to the Public Trustee of Pitkin County, to secure an indebtedness of $780,000.00, in favor of First Capital Corporation, recorded Septembor 15, 1999 as Reception No. 435541. 3, 14*land referred to inthispolicy is describedas follows: See Attached Legal Description OCT.11.1993 10:0641 ' RT TITLE ASPEN NO.016 P.3 ALTA LOAN POLICY SCHEDULE B - Port I Order Number: 00026396 Policy No. M-9702-39904 1his policy does not insure against lou or damage (and the Company wilt not pay costs, attorneys' Nes or expenses) which arise by reason of: 1. Rights or ctowns of parties in possession, not shown by the public records. 2. Easements, or claims ofeasements, nor shown by thepublic records. 3. Discrepancies, conjticts in boundaly lines, shonage in area, encroachments, and am facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, tabor or mazerial heretofore or hereqfterfurnished, imposed by law and not shown by the public records. 5. Unpatented mining claims: reservations or exceptions in patents, or an act authorizing the issuance thereof; woter rights claims or title to water. 6. Taxes and Assessments for the year 1999, not yet due and payable, and subsequent years and any special assessments not yet certified on the tax rolls of Pitkin County. 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded October 27, 1892 in Book 55 at Page 33 as Reception No. 49768. 8. Easements and restrictions as shown on the Plat of West Aspen Subdivision, Filing No. 1, recorded Beptember 5, 1967 in Plat Book 3 at Page 252 as Reception No. 128426. 9. Terms, conditions, reservations, easements, restrictions. and obligations as contained in Protective Covenants recorded September 5, 1967 in Book 229 at Page 78 as Reception No. 128425, as amended by instrument recorded October 4, 1967 in Book 229 at Page 507 48 Reception No. 12@695, as amended by instrument recorded March 11, 1976 in Book 309 at Page 497 as Reception No. 182053, 10. Terms, conditions and obligations as contained in Wgst Aspen Homeowners Association Articles of Incorporation, recorded March 6, 1968 in Book 233 at Page 496 as Reception No. 130362. 11 . Terms, conditions, obligations, and restrictions as set forth in the Condominium Declaration for The King'E Chalet Condominium recorded Auguat 14. 1980 in Book 393 at Page 56 as Reception No. 225953. 12. Terms and restrictions as set forth in Statement of Exemption recorded August 14, 1980 in Book 393 at Page 53 as Reception No. 225952. 13. Easements and rights af way as set forth on the recorded map recorded August Continued on next page OCT.11.1999 10:07AM STEWART TITLE ASPEN NO.016 P.4 Continuation of Schedule B - ALTA Loan Policy Policy Number: M-9702-39904 14, 1980 in plat Book 10 at Page 26 as Reception No. 225954. 14 . Any loss or damage by reason of the absence of certification and approval of the City of Aspen and the city engineer on the recorded plat of King's Chalet Condominiums. NOTE: Provided that Stewart Title of Aspen, Ine. records the documents of conveyance in the proposed transaction the status of title will be updated from the time of this commitment to the time of said recording. If said update reveals no intervening liens or other changes in the status of said title Exception No. 5 herein will be deleted; if said updat• reveals intervening liens or changes in the status of said title appropriate action(s) will be taken to disclose or gliminate said change prior to the recording of said documents. NOTE: Policies issued hereunder will be subject to the terms, conditiona, and exclusions set forth in the ALTA 1987 Policy form. Copies of the 1987 form Policy Jacket, aetting forth said terms, conditions and exclusions, will be made available upon request. OCT.11.1999 10:07AM STEWART TITLE ASPEN NO.016 P.5 SCHEDULE A Order Number: 00026396 LEGAL DESCRIPTION Condominium Unit 1, THE KING'S CHALET CONDOMINIUM, according to the Map thereof recorded August 14, 1980, in Plat Book 10 at Page 26 as Reception No. 225954 and as further defined and described in tho Condominium Declaration for the King's chalet Condominium recorded August 14, 1980 in Book 393 at Page 56 as Reception No. 225953. COUNTY OF PITKIN, STATE OF COLORADO 10/08/1999 16:24 970-1- 4052 ASPEN TITLE COP PAGE 01 LOAN POLICY SOikl]ULE A order No. 405775 -M Insuranoe Amount S 650,000.00 Policy No. CW3100379 Premium Amount $ 927.00 Date of Policy: Rehruar, 23, 1999 at 5:00 P.M. 1. Name of Insured: WASHINPICN MJIUAL BANK. FA. its Successors and/ar Assigns 2. The estate or interest in the 14¤*1 which is gecured by the insured 1=*tgage: FEE SIMPLE 3. Title to the estate or int,=est in the larid is vested in: J. BENNETT HALL and CASEY CLARK HALL, in joint Mnancy 4. The insured unrtgaige and assigr==hts thereof. if any, are de~cribed as follows: Deed of Trust fran J. Ba©Err HAIL ard CASEY CLARK HAIL to tip public Trustee of Pitkin Canty for the use of WASHINGION MlIUAL BAN<, FA, to secure $650,000.00, dated Pkbruary 10, 1999. and recorded February 23, 1999, at Receptial No. 428024. (/ I a o L 074:115..4 6-- rt-r- El,06»Allb n-•Hiter signature Autt*,rized Of fiaer or Agent 'Ihis Fblicy is invalid imless tha cover sheet and Sdalule B ale attached. ALTA Loan rolicy (10-17-92) FIEr *lERICAN TITLE DEURANCE OCMPANY 10/08/1999 16:24 970-9- 4052 ASPEN TITLE CO PAGE 02 SOIEU]LE C Order No. 405775 Policy No. CW310C379 The land referred to in this Policy 18 situated in tls State of Colorado, County of Pitkin , deecribed as follows: Unit 2, THE KING'S CHALEr OCNDEXNIUvI, acrnrdirg to the Map thereof rectcu~ad in Plat Book 10 at Page 26, and as described in the Ouxhninium Declaration far '1¥*3 Kirg' s Chalet Ocndallinirm reourded in Book 393 at Page 56. FIRST AMMICAN TITLE INSURANCE COMPANY 10/08/1999 16:24 970-9 ,052 ASPEN TITLE COR- PAGE 03 SCHEIXILE B Order No. 405775 Policy No. CW3100379 EXEPrDE F!01 COVERAGE This policy does not irsure against loes cr de•rage (ar¥3 the Company will not pay costs, . attorney8' fees or e}(penses) t·hich arise by reason of: PAR I 1. Taxes and assessments for year 1998, a lien now due and payable, but not yet delinquent. Taxes and assessments for the year 1999, a lien not yet due ard payable. 2. Right of the Proprietar of a Vein or Lode to ext=ract ard renum hi S 0128 tt*refran, should the serna be found to penetrate or intersect the pranises hereby grantad, as reserved in United States Patent recorded in Book 56 at Page 33. 3. Restrictions, which do not cuttain a forfeiture or reverter clause, as antained in instrurent recurded Septsnber 6, 1967, in Book 229 at Page 78, as emended by instrument rec=ded October 4, 1967, in Book 229 at Page 507 and March 11, 1976, in Bock 309 at Page 497. 4. Articles of Ir©arporation of West Aspen Owner' s Association, recorded march 6, 1968, in Book 233 at Page 496. 5. Statement of Exemption from the Dafinition of Subdivisian recorded October 26, 1978, in Book 393 at Page 53. 6. Easements as shown an the Plat of the King' s Chalet Condaninium recorded in Plat Book 10 at Page 26. 7. Those covenants, ocrdlticns, obligations, easements and restrictions which are a burden to tl-,3 Cbndominiun Unit described in Sandule A, and set forth in the Ccnlcrninjun Declaraticn recorded October 26, 1978. in Book 393 at Page 56. FIRST AMERICAN TITLE DaIRANCE COMPANY 10/08/1 999 16:24 970-92 4052 ASPEN TITLE CORP. PAGE 04 SCHEIX;LE B Order NO. 405775-M Policy No. a,3100379 PART II In addition to the matters set forth in Part I of this Schedule, the title to the estate ar int=rest in the lani c~sc~ribed or refened to in Sdwinle C is subject to the following matt]ers, if arw be s~Wrk, but the Company insures that such matters are subordinate to -tle lien or charge of tkie insured na:tgage upti, said estate or interest: N]NE FIRST AMERICAN TITLE Iia]FWICE UMPMT{ 10/08/1999 16: 24 970-9 052 ASPEN TITLE COR PAGE 05 ENDORSEMENT Attached to Policy No. CW3100379 405775 }ssued by First American Title Insurance Company The Company hereby insures against loss which said insured shall sustain by reason of any of the following matters. 1. Any incorrectness in the assurance which the Company hereby gives: (a) That there are no covenants, conditions, or restrictions under which the lien of the mortgage or deed of trust referred to in Schedule A can be cut ott, subordinated, or otherwise impaired, (b) That, except as shown In Schedule B, there are no present violations on said land of any enforceable covenants, conditions, or restrictions; <c) That, except as shown in Schedule B, there are no encroachments of buildings, structures, or improvements located on said land, onto adjoining lands, nor any encroachments onto said land of buildings, structures, or improvements located on adjoining lands. 2. Any future violations on said land of any covenants, conditions, or restrictions occurring prior to acquisition of litte 10 said estate or interest by the insured, provided such violations result in loss or impairment of the lien of the mortgage or deed of trust referred to in Schedule A or result in loss of the title to said estate or interest If the insured shall acquire such title in satisfaction of the indebtedness secured by such mortgage or deed of trust. 3. Damage to existing improvements which are located or encroach upon that portion of the land subject to any easement shown in Schedule B, which damage results from the exercise of the, Mght to use or maintain such easement for the purposes for which the same was granted or reserved. 4 Any final court order or Judgment requiring removal from any land adjoining said land of any encroachment shown in Schedule B Wherever in this endorsement any or all of the words "covenants, conditions or restrictions" appear, they shall not be deemed to refer to or include the terms. covenants and conditions contained in any lease referred to in Schedule A No coverage is provided under this endorsement as to any covenant, condition, restriction or other provision relating to 1) environmental protection, or 2) provisions for a private charge or assessment The total liability of the Company under said policy and any endorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay This endorsement is made a part of said policy as of the date thereof and is subject to tile schedules, conditions and stipulations therein, except as nlodified by the provisions hereof. Nothing herein contained shall be construed as extending or changing the effective date of the aforesaid policy or commitment, unless otherwise expressly stated. ....,It.%':.- . : t. r. ? U,· First American Title Insurance Company f :0 ... G,~i i 0 4: 5<.ia 27 /2 . r-2 B, PRESIDENT 46 -2 ' - (3 i n. ·.2 • ~'.'-C -•.i-,> 9% Ms:· ..,AY i / A -7- 02146+.-3- Ve/,1/fr &60 8Y / AUTHORIZED SIGNATORY Colorado Form 100 (7/9; A.A">An 10/08/1999 16:24 970-92- 052 ASPEN TITLE CORP PAGE 06 ENDORSEMENT CW3100379 405775 2 Attached to Policy No. Issued by First American Title Insurance Company The Company Insures the insured against loss or damage sustained by reason of: 1. The failure of the unit identified in Schedule A and its common elements to be part 01 a condominium within the meaning of the condominium statutes of the jurisdiction in which the unit and its common elements are located. 2. The failure of the documents required by the condominlum statutes to comply with the requirements of the statutes to the extent that such failure affects the tit!e to the unit and its common elements. 3 Present violations of any restrictjve covenants which restrict the use of the unit and its common elements and which are contained in the condominium documents, except violations relating to environmental protection unless a notice of a violation thereof has been recorded or filed in the public records and is not excepted in Schedule B. The restrictive covenants do not contain any provisions which will cause a forfeiture or reversion of title. 4. Any charges or assessments provided for in the condominium statutes and condominium documents due and unpaid at Date of Policy. 5. The failure of the unit and its common elements to be entitled by law to be assessed for real property taxes as a separate parcel. 6. Any obligation to remove any improvements which exist at Date of Policy because of any present encroachments or because of any future unintentional encroachment of the common elements upon any unit or of any unit upon the common elements or another unit. 7. The failure of title by reason ot a right of first refusal to purchase the unit and its common elements which was exercised or could have been exercised at Date of Policy. This endorsement is made a part of the policy and Is subject to ail of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does It increase the face amount thereof First American Title Insurance Company /2 ··.-'S, O 4,·..46 0* .2 SES' BY ~ ~~y.~,~3 PRESIDENT =: $ w '. SEPTEMBER 24, : b< # 1968 ~"+4-it-- A,Ocu%£u_1 AUTHORIZED SIGNATORY .4/nul=-*** ALTA Endorsement - Form 4 (Condominium) (10/17/9 10/08/1999 16:24 970-9-- 052 ASPEN TITLE COR PAGE 07 ENDORSEMENT Attached to Policy No. CW3100379 405775 Issued by First American Title Insurance Company The Company insures the owner of the indebtedness secured by the insured mortgage against loss or damage sutained by reason of: 1. The invalidity or unenforceability of the lien of the insured mortgage resulting from the provisions therein which provide for changes in the rate of interest. 2. Loss of priority of the lien of the insured mortgage as security for the unpaid principal balance of the loan, together with interest as changed in accordance with the provisions of the insured mortgage, which loss of priority is caused by the changes in the rate of interest. "Changes in the rate of interest", as used in this endorsement, shall mean only those changes in the rate of interest calculated pursuant to the formula provided in the insured mortgage at Date of Policy. This endorsement does not insure against loss or damage based upon (a) usury, or (b) any consumer credit protection or truth in lending law. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and Of any prior endorsements thereto, except that the insurance afforded by this endorsement is not subject to Section 3(d) of the Exclusions From Coverage. Except to the extent expressly stated, it neither modifies any ot the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. First American Title Insurance Company --' 111 1 E / 4, r 94 .:.4:423,1 <i~: f~BFO R .5:0 ~7, /1...» 8<£5:~37~71u.4-,-O.02'ty- PRESIDENT D-* C : 2 i - . SFPTEMBER 24. : ze !968 ·: 2 /57 . / ".'. e'l / F o R %~0./0' af*M.Xi._ ir_ ' ASS~TANT SECRETARY ~,. ~, /C- Colorado Fofm No. 110.7 ALTA Endorsement- Form 8 (Variable Rate Mortgage). revised 9/27/86, etlective 6/1/87 .oa.*"../..0 10/08/1999 16:24 970-9---4052 ASPEN TITLE COP- PAGE 08 ENDORSEMENT 5ttached to Policy No. 08100379 405775 Issued by First American Title Insurance Company This endorseinent is made a part of the policy or commitment and is subject to all the terms and pro* visions thereof and of any prior endorsements thereto, Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy or commitment and prior endorsements, if any, nor does it extend the effective date of the policy or commitment and prior endorsements or increase the face amount thereof. This policy is her*y amended as follows: The Carpany hereby insures against loss or damage which' the insured shall sustain as a result of any eJercise of the right of use or naintierance of the easenent referred to in Paragraph of Schedule B over or through said land. 2 First AmericanTitle Insurance Company ./r-~11 LE 18 3.2, 4,4 BY ~~ /22- 13 PRESIDENT 1 + : 0 0. 1 8.:- 21=1 t SEPTEMBER 24, /55 2, 1168 .'~~ 103.1 of. P</0 L p. 4 0 44- ~ ,1 AUTH IZED SIGNATORY 4,#4...$**4001 4 CAL/Fo RK'~ ' Colorado Form 1 10.3 10/08/1999 16:24 970-92--4052 ASPEN TITLE CORF PAGE 09 ENDORSEMENT Attached to PoliCy NO, CW3100379 405775 Issued by First American Title Insurance Company The Insurahce afforded bythls endorsement isonly effective if the land Is used or Is to be used primarily for residential purposes- The Companyinsures the insured against lossordamage sustained by reason of lackof priorityofthelien of the insured mortgage over. (a) any environmental protection lien which, at Date of Policy, is recorded In those records established under state statutesat Date ot Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge, or filed in the records of the clerk of the United States district court for the district in which the land is located, except as set forth in Schedule 11 or (b) any environmental protection lien provided for by any state statute In effect at Date of Policy, except environmental protection liens provided for by the following state statutes: NONE Thisendorsementismadeapart of the policyandis subject tcallof the termsand provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it nejther modifies any of the termsand provisions of the policyandanyprlorendorsements. nordoes itextendthe effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. /1\ILE 1/06,0 4,4 First American Title Insurance Company BY g,£ -~4.-4 PRESIDENT r. : fc/92 9 * i<:- I. * br- SEPTEM9ER 21 1963 ./ ~54<L.664-~- fl fw,-tra~, '4 / ./ ... "**~ Cal /~~ ~%\A 1./- BY AUTHORIZED SIGNATORY 44#4-*-%*p ALTA Endorsement - Form 8.1 (Environmental Protection Lien - to accompany on ALTA Loan Policies as revised 10/17/70 and 10/17/84)(3/27/87) 79:, r DRAFT MEIMORANDUM To: Nick Lelack, Planner Thru: Nick Adeh, City Engineer From : Chuck Roth, Proj ect Engineer Date: November 15, 1999 Re: Alta Vista Drive Conditional Use for an Accessory Dwelling Unit The Development Review Committee has reviewed the above referenced application at their October 27, 1999 meeting, and we have the following comments: General - (1) These comments are based on the fact that we believe that the submitted site plan is accurate, that it shows all site features, and that it is feasible. The wording must be canied forward exactly as written unless prior consent is received from the Engineering Department. This is to halt complaints related to approvals tied to "issuance of building permit." (2) If there are any encroachments into the public right-of-way, the encroachment must either be removed or be subject to current encroachment license requirements. 1. 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 ofmeeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f and a requirement that, prior to the building permit application, 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, must meet the requirements of the Engineering Department Interim Design Standards and must be submitted for review and approval by the Engineering Department. The mitigation plan must also address the 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 percolation test to verify the feasibility of this type system. The drainage plan must contain a statement specifying the routine maintenance required by property owner(s) to ensure continued and proper performance. Drywells may not be placed within utility easements. The foundation drainage system should be separate from storm drainage, must be detained and routed on site, and must be shown on drainage plans prior to building permit drawings. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation 1 . rate and the detention volume meet the design storm. Drainage from the driveway is of special concern. 2. Encroachments - The proposed development plans show new stone walls on private property on the Alta Vista frontage. As indicated by the applicant, the fences that are located in the Alta Vista public right-of-way will be removed. 3. Sidewalk, Curb and Gutter - The development plans need to indicate a five foot wide pedestrian usable space with a five foot buffer for snow storage, where feasible, along Alta Vista Drive. The applicant needs to sign a sidewalk, curb and gutter construction agreement, and pay recording fees, prior to issuance of a building permit. 4. Irrigation Ditch - The proposed site plan shows the irrigation ditch being culverted. The applicant needs to check with the Golf Superintendent concerning development plans in the area of the irrigation ditch. Note that there is an implied easement with the ditch for a width of five feet on each side o f the ditch centerline for access and maintenance. 5. Trash & Utilities - All utility meters and any new utility pedestals or trails formers must be installed on the applicant's property and not in the public right-of-way. For pedestals and transformers, easements must be provided. Meter locations must be accessible for reading and may not be obstructed by trash storage. If the duplexes will be condominiumized, separate utility services and meters should be provided. 6. Parking - The final development plans need to show parking space dimensions which need to meet Code requirements of 814'X 18'. 7. Snow Storage - The proposed site plan should indicate a snow storage area for driveway and any other snow removal needs. 8. Work in the Public Right-of-way - Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: The applicant must receive approval from city engineering (920-5080) for design of improvements, including landscaping, within public rights-o f-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. DRC Attendees Staff: Karma Borgquist, Nick Lelack, Chuck Roth Applicants: Casey Clark and Ben Hall 99M161 2 Aspen Consolidated Sanitation District Sy Kelly * Chairman Jolin Keleher Paul Smith * T reas FranL Loushiii Michael Kelly * Secy Bruce M atherly, Mgr November 1, 1999 Nick Lelack Nov 2 1999 Community Development 130 S. Galena ,-r,Up! 1,3':1 ··f 5 50# cLOPM- ... Aspen, CO 81611 Re: Aita Vista Drive ADU Dear Nick: The existing development at 1225 and 1227 Alta Vista Drive is currently served by the District. We currently have sufficient collection and treatment capacity to serve the development proposed. Service is contingent upon compliance with the District's rules, regulations, and specifications which are on file at the District office. The new duplex could be served by one service line, if a shared service line agreement is completed, or each unit could be served by individual service lines. Ifthe existing service line is abandoned then it must be removed according to our specifications and with our line superintendent's approval. The fees for the project can be estimated once detailed plans are available and a tap permit is completed at our office. We would request that the applicant be required to complete the tap permits for the project and pay the associated fees prior to the issuance of building permits. Please call if you have any questions. Sincerely, t.7 Bruce Matherly District Manager 565 N. Mill St.,Aspen, CO 81611 / (970)925-3601 / FAX (970) 925-2537 .120 081€i. - 1012:welne* 26:ue, 4. U *€6: Sre put, Fu,oB_ PLAIdiA- €UeW¥-,bASh 5: 12, gerS, MPU c•elicA JR,2,4VN»crY /14#, r Repo,Se 76 AEVIat) 91ND#DS o 4. ~ 55156 FeE A«EemsT, -8-ruE- eommrl,Me:reS., A-774€11/1/,37- 182>, A- A#Liarm>A abwisige,GE sum/,Agy, auth,u»D,04 &>P€m¥ 6070€gS Gl S-r .F 07 0 A- Lrv· 4 (0- 6 - 8-12 8 0 , )*D F 0011 4, 45 CO 61- 41»»3 CURVE DELTA ANGLE RADIUS ARC TANGENT CHORD CHORD BEARING Cl 13'58'16- 290.00 70.71 35.53 70.54 S 46'10'317 LEGEND & NOTES O FOUND SURVEY MONUMENT REBAR W I TH CAP AS DESCR I BED ® SET SPIKE SURVEY CONTROL SCALE O UTILITY BOX 1 INCH - 10 FEET - WOOD FENCE 0 -- SPLIT RAIL FENCE / 0 0 5 10 15 20 ELECTRIC CONIFER TREE CALIPER AS NOTED CONTOUR INTERVAL IS I FOOT ~ ~-~ -~ - ~f ~ TRANSFORMER /4 0 < 01\ \vi n, A 6-r h ER AS NOTED 1.1 - 100.0' ON SEWER MANHOLE S I FOOT -E 153.38- FROM THE NORTH LOT (MONUMENTS ARE DESCRIBED AS SHOWN) EN TITLE CORP. TITLE COMMIT. H 9, 1998 E CLIENT SEWER MANH( INVERT 6.21 RIM - 100.C 1 LOT 8 \ 1/ r /3. \ P 1 N.% i ih \ 6 \\\{1 \ \11\ 1 \# 111 ALUM CAP 1. DAVI OF COLO 'EY CLARK MPROVEMENT SURVEY A FIELD iggEL A BELIEF. ORIGINA EN HALL SIGNED i-1 1(u. 411* LOT 22, WEST ASPEN SUBDIVISION DAV %-1. MeBRIDE RLS 1611~ r.0949 FILING NO. IA, CITY OF ASPEN, PITKIN COUNTY, COLORADO 9b.55.y, PREPARED BY ACCORDING TO COLORADO LAW YOU WUST COOIENCE ANY LEGAL ACTION ASPEN SURVEY ENGINEERS. INC. BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU 210 S. GALENA STREET FIRST DISCOVERED SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED ASPEN, COLO. 81611 UPON ANY DEFECT IN THIS PLAT BE COMMENCED WORE THAN TEN YEARS PHONE/FAX (970) 925-3816 FROM THE DATE OF THE CERTIFICATION SHO- HEREON REVISED AUG. 30, 1999 job no. 92150 JUN. 10, 1998 .......... . ' -1.' . ... :DO I 0 0 0 .. . 1 0 0 0. . 0 0 .. 4 . 1 . ... I - .1 4 -tze " ' ./.* 7 . 1 . I. 0 0 -2"·:,~.51 4'. 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UN . -_ 91 9.1 -- --- *40 - .1 1 ! 0 00 0 00 00 ' 24-2 1/4" . 5 ' 30.- . 1'-6" , 5'-3" , 12'-O" , 5'-3~ . . 6'-5 1/2' , 15'-O" , . 2'-8 3/4 . . e . .... % % I \ . 1 - \ r--. I \ \317.I) CO>/ OPEN TO - COVERED PORCH It! 0 9 33 0 81 9 Z 10 Ill x -01 m<I m UPPER LEVEL IL cy COVERED PORCH =[art - - 0» T.O.FLY 110'-O 5/8- CONNECTION -- -- TO DUPLEX"UNITE' ~_- ~ It--LIL I I -· 0 [1_ 0 - -- 1 - i-HI+L X MAIN LEVEL ~~ I I ' 4 T.O. PLY 11'-01" EXISTING POND _ Z 3 0 ~~ SOUTH ELEVATION ~ EAST ELEVATION - 1/4'- 1'-O" 1/4 - 1 '-0 . {1 3 -1 0 + + ® 9 ® - i€ =8z4 I ar~- . SO-O* . A 24'-2 1/4" t , 50-3" , 1 20-0" . 5'-3" . 10-6. 21-8 3/4" , , 15'-01 , 6'-5 1/2" , M [-04] In MEGH FLUE r- 1- 0.-7. DUPLEX VNIT 8 hil Illili 1111111.1 UPPER LEVEL ~- ----------- UPPER LEVEL ZO. PLY 110'-O 5/8' : COVERED PORCH L , - 13 CONNECTION 1 1 F 1 T.O. PLY 110'-0 5/8" ~ , * TO DUPLEX I - r, r -/ COVERED PORCH - "UNIT B" (DASHED) CONNECTION A.O.U. CONDITIONAL USE REVIEA APPLICATION MAIN LEVEL MAIN LEVEL -m/~ lili - -1- -1 1 7-2.2- . -33 - 1 't ¢ 1 + OCTOBER 10, 19¢101 T.O. FLY 44'-4" ' T.O. FLY 14'-4" 1 0-0" , EXISTING POND .. OBLIQUE ANGLE ~ r-*t FNEST ELEVATION NORTH ELEVATION 1/4.- 1'-00 ~ 1/4.- 10-0. .t. 2/<I'le VLSIA ¥1 - G¥ 16:,M