HomeMy WebLinkAboutLand Use Case.CU.1590 Homestake Dr.A070-99
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PU
MEMORANIlUM
TO:
Planning and Zoning COmrrisision
Julie Ann Woods, Community Development Director ~~
Joyce OWson, Deputy Director-JAD 0 '
NickLelack,Planner~
THRL':
FROM:
RE
Daly Conditional Use for an Acce!lsory Dwelling Unit
-Public Hearing
1590 Homestake Drive
DATE:
September 21, 1999
SU:\1MARY:
Tom Daly, owner and applicant, has applied for Conditional Use approval for an
Accessory Dwelling Unit (ADU) to be located on the main level of a new single
family house on Homestake Drive (Lot 17 of the West Aspen Subdhision). The
property is currently vacant and does not have any trees or shrubbery.
The ADD includes approximately 366 square feet oinet livable space including
storage and closet areas, The plans include a bathroom and a combined kitchen/living
area, which characterizes this ADU as an efficiency or studio unit.
This ADD meets or exceeds all development standards and has b~~n reviev"ed and
reconunendedforapproval bytheappropriatereferralagenci~s.
Staff recommends approval of the Conditional Use for an Accessory Dwelling
Unit, with conditiolls.
APPLICANT:
Tom Daly.
LOCAno~:
1590Homestak~Drive.
Zo:\'lNG:
Moderate Density Residential (R-15).
LOTSlzt:
15,400 square feet.
(The application states that the lot size is 140'x IOO',butit is actually 140'x 110'.
Thus, the acrnal10tsize is 15,400 square f~etrather than 14,000 square feet as stated
on the application.)
1
LoT AREA (FOR PURPOSES OF FAR CALCULATION):
15,400 square feet.
FAR:
Allowable-4,524 square feet
Existing-O square feet
Proposed-4,5l7squarefeet
These figures are representee!- by applicant and are subject to review by the Zoning
Officer.
CURRE~T LAND USE:
Vacant parcel. Building permits pending for sll1gle-family residence and Accessory
Dwelling Unit.
PROPOSED LAND USE:
Single-family residence v,;th one attached Accessory Dwelling Unit.
PREVlOl'S ACTION:
The Commission has not previously con~idered this application for a conditional use,
REVIEW PROCEDl'RE:
Conditional Use. The CommissIon shall approve, approve ,vith conditions, or
disapprove the application at apublic hearing.
BACI(GROL'ND:
This is a vacant lot in the West Aspen Sl.l-bdivision.
STAFF COMMENTS:
The proposed ADU is to be located on the main level of a new single family
residence. Exterior access to the ADU 'will be accomplished with a concrete,
flagstone, or other pedestrian-usable path connecting theADU entrance to the
driveway. The unit meets the land use code standards. for ADUs.
The proposed ADD is designed as a studio/efficiency unit 'vith a bathroom and a
combined living/kitchen area.
Review criteria and Staff Findings have been. included as Exhibit "A." Agency
referral comments have been included as Exhibit "8," The application has been
included as Exhibit "C."
RECOMMENDATIO~:
Staff recommends the Planning and Zoning Commission approve the Daly AcCessory
Dwelling Unit, 1590 Homestske Drive, \!lith the following conditions:
1) The building permit application sha11 include:
a) a copy of the Aspen Planning and Zoning Commission resolution.
2
b) a current Site Improvement Survey indicating the nature of all easements of
record indicated on the property title conunitnlent
c) a completed and recorded sidewalk, curb, and gutter construction agreement and
an agreernent to join any future improvement districts for the purpose of
constructing improvements which benefit the property under an assessment
formula,
d) a completed and recorded ADD deed restriction on the property, a form for which
may be obtained from the Housing Office. The deed restriction shall be noted on
the building permit plans.
e) a drainage report and adrainage plan, including an erosion controlplan,prepared
by a Colorado licensed Civil Engineer which maiutains sediment and debris on-
site during and after construction. If a ground recharge system is required, a soil
percolation report ",ill be required to correctly size the facility. A2yearstonn
frequency should be used in designing any drainage improvements. If dryv.'ells
are an acceptable solution for site drainage, a soils report must be provided \"i th
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 the
drainage plan. The drainage maybe conveyed to existing landscaped areas if the
drainage report dernonstrates that the percolation rate and the retention volume
meet the design storm.
f) a tree removal or relocation permit from the City Parks Department for any trees to
be removed or relocated,
g) a completed tap permit with the Aspen Consolidated Sanitation District. The
applicant shall connect the ADU to the sanitary sewer in a manner acceptable to
the ACSD superintendent.
2. The building permit plans shall reflect/indicate:
a) Conformance with all aspects of the City's Residential Design Standards.
b) The proposed ADU is labeled as such and meets the definition of an Accessory
DwellingUrtit.
c) The ADU will contain a kitchen (having a minimum of a two-burner stove with
oven, standard sink, and a 6-cubic foot refrigerator plus freezer) andabathroo ill
(having a minimum of a shower, sink, and a toilet).
d) The ADU has the minimum one (1) off-street parking space provided; the
building permit plans shall indicate the designated ADD parking space. The ADU
space must have clear access and cannot be stacked ",ith a space for the primary
residence.
e) The ADU meets all applicable UBe requirements for light and air.
f) An overhang shall cover the ADD entrance designed to prevent snow and ice from
falling on, or building-up on, the entrance to the ADU.
3
g) Conformance \vith the City's requirements for driveways. Drive\vays must be
separated by 25 feel or more (inc1uding neighboringdrive\vays), arid must be pav ed
from the edge of the street 10 the property line. Paving alternatives may be
approved by the City Engineer.
h) Afire suppression system if the gross square footage of the structure exceeds 5,000
square feet.
i) A five (5) foot wide pedestrian usable Space \vith a five (5) foot \vide bu fferfor
snow storage at the edge of the street paving.
j) A pedestrian connection from the ADU entrance to the driveway shall be
indicated on the building permit plans. The pedestrian path shall be constructed
of concrete, flagstone or Olherpedestrian_usable surface material.
3. The applicant should provide separate utility taps and meters for each resident ialunit.
4. All utility meters and any new utility pedestals or transformers must be installed on the
applicant's property and not in any public right-of-way. Ei'lSemenlsmust beprovidedfo.r
pedestals. All util1ty locations and easements must be delineated on the site improvement
survey. Meter locations must be accessible for reading and may not be obstructed.
5. The applicant must receive approval for any work Vvithin public rights-of-way from the
appropriate City Department. This includes, but is not limited to., approval for a mailbox
and landscaping from the City Streets Department.
6. All construction vehicles. materials, and debris shall bemainlained on-site and notwi thin
public rights-of-way unless specifically approved by the Director of the Str eelS
Department. The applicant shall inform the co.ntractor oithis condition.
7. The applicant shall abide by all noise ordirumces. Constructionaclivity is limited to the
hours between 7 a.m. and 7 p.m. Mo.nday - Saturday.
8. Before applying for a building permil,the applicant shall record this Plmming and Zoning
Resolution ""ith the Pitkin County Clerk and Recorder located in the Courthouse Plaza
Building. There is a perpage recordation foo. In the alternative, the applkant may pay this
footo the City Clerk who will record the resolution.
9. All material representations made bj,the applicant in the application and during publ ic
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions oiapproval, unless otherwise amended by other conditio.ns.
REcOMlI-lENDED MOTION:
"I move to approve the Daly Accessory Dwelling Unit, 1590 Homeslake Drive with
the conditions outlined in the Community Development DepartIrient memo. dated
September21,1999."
ATIACB'VIENTS:
Exhibit A
ExhibitB --
ExhibitC
ExhibitD
F:\DalyU_mcmo.<!oo
Re~iew Criteria and Staff Comments
Referral Agency Comments
Vicinity Map
Development Application
4
<
-
DEVELOPMENT ORDER AO 70 - '1'7
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to
Section 26.304.070, "Development Orders", and Section 26.308.010,
"Vested Property Rights", ofthe City of Aspen Municipal Code. This Order
shall expire on the day after the third anniversary of the effective date of the
Order, unless a building permit is approved pursuant to Section 26.304.075,
or unless an exemption from expiration, extension or reinstatement is
granted or a revocation is issued by the City Council pursuant to Section
26.308.010.
This Development Order is associated with the property noted below for the
site specific development plan as described below.
Tom Daly, 520 Westha11am Street, Aspen, C081611;925-5788
Property Owner's Name, Mailing Address and telephone number
1590 HomestakeDrive, Aspen, CO 81611
Legal Description and Street Address of Subject Property
Accessorv Dwellin" Unit
Written Description ofthe Site Specific Plan and/or Attnchment Describing Pian
Planning & Zonin!l;Resolution !l'9-29, September21, i999
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resoiutions)
October22,1999
Effective Date of Development Order (Same as date ofpubljcation of notice ofapproval.)
October 13, 2002
Expiration Date ofDeveiopment Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this 22nd day of October, 1999, by the City of Aspen Community
De opment Dire tor.
Ann Woods, Community Development Director
G.PlanningAspen.forms.D,vOrdor
PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
follov.ing described property: 1590 Homestake Drive (Lots 17 & 18 of Block 2 of the
City and Townsite of Aspen), by Ordinance No. 29, Series of 1999 of the Planning and
Zoning Commission. For further infonnation contact Julie Ann Woods, at the
Aspen/Pitkin Community Development Dept., 13.0 S. Galena 81, Aspen, Colorado (970)
920-5090.
s/Kathryn S. Koch, City Clerk, City of Aspen
Publish in The Aspen Times on October 22, 1999.
Exhibit A
Dal~' ADU
STAFFCO~~ENTS: ADU
Section 26.60.040, Standards Applicable to all Conditional Uses
(A) The conditional use is consistent with the purposes, goals,
objectiws and standards of the Aspen Area Comprehensive Plan,
and with the intent of the zone district in\vrnch it is proposed to be
located.
Staff Finding:
A deed restricted Accessory Dwelling Unit is consistent ",ith the purposes, goals,
objectives, and standards of the Aspen Area Community Plan (AACP). Supplying and
increasing the affordable housing stock is deady a goal of both the AACP and Land Use
Code.
Accessory Dwelling Units are a conditional use in the R-15 Zone District.
(B) The conditional use is consistent and compatible with the character
of the immediate vicinity of the parcel proposed for development
and surrounding land uses, or enhances the mixture of
complimentary uses and activities in the immediate vicinity of the
parcel proposed for development.
Staff Finding:
The surrounding land uses are mixed single-family residential and duplex units. There
are existing ADDs in the neighborhood. The proposed development appears to be in the
s.amecharacter as the immediate area.
(C) The location, siz.e, design and operating characteristics of the
proposed conditional use minimizes adverse effects, including
visual impacts, impacts on pedestrian and vehicular circulation,
parking, trash, service delivery, noise, \'ibrations and odor on
surrounding properties. '
Staff Finding:
The proposed ADD site has sufficient space to accommodate its parking demand on-site.
The ADD is proposed to be 366 square feet, and located on the main level of a new single
faroily residence. Staffbelieves the ADO; meets or exceeds this standard because of the
unit's size, design, and integration into the house.
(D) There ar,e adequate public fucilities and services to serve the
conditional use including but not limited to roads, potable water,
sewer, solid waste, pm-ks, poUce, fire protection, emergency
medical services, hospital and medical services, drainage systems,
and schools.
StatfComment, page I
Staff Finding:
PaJ:k fees are payable at building permit issuance based on the number of bedrooms in the
residence and ADD. Infrastructure capacity is sufficient for tbis development and
utilities are available. The applicant will need to complete a tap permit for sanitation
service and is subject to connection fees. The ACSD may require the provision of
separate taps for each unit.
(El The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use.
Staff Finding:
The conditio:i1al use mitigates itself.
(F) The proposed conditional use complies with all additional standards
imposed on it by the Aspen Area Comprehensive Plan and by all other
applicable requirements of this title.
Staff Finding:
The applicant is not seeking any waivers or special considerations through this pro cess.
The development appears to be in conformance ,vith all other applicable standards of the
land use code.
Section 26.40.090,AcceSSQry Dwefling Units
A. GeneralPro\isions
1) Accessory Dwelling units shall contain not less than three-hundred (300)
square feet and no more than seven-hundred (700) square feet of net
Ih'able Mea. The unit shall be deed restricted, meeting the Housing
Authority's guidelines for resident occupied units and shall be limited to
rental periods of riot less than six (6) months in duration. Owners of the
principle residence shall have the right to place a qualified employee or
employees of his or her choosing in the accessory dwelling writ. One (1)
parking space shall be pro\ided on-site for each studio urllt, and for each
bedroom ",ithin a one or two-bedroom accessory dwelling unit.
Staff Finding:
The proposed ADD is approximately 366 square feet of net livable area, The applicant
",ill be required to file a deed restriction on the unit prior to building permit application.
2) An attached accessory dwelling unit shall be subje<:tto all other
dimensional requirements of the underlying zone district.
Staff Finding:
The development appears to be in conformance with the pro\isions of the R-1S Zone
District. A zoning check is required through the building permit review process,
SlfiffComm.nlspage2
3) A detached accessory dweUing unit shall only be permitted on parcels that
have Secondary andIor alley access, exempting parcels \vithexisting
strnctures to be converted to detached accessory dwelling units: detached
garages OTCarports where an accessory dwelling unit is proposed above,
attached to, or contained\vithin such detached gflrage or carport.
Detached accessory dwelling units are prohibited within the R-15B zone
district.
Staff Finding:
The ADD is attached.
3) An attached accessory dwelling unit shall utilize alley access to the extent
practical.
Staff Finding:
There is no alley which serves this property.
A. Development Revi(!W Swndards.
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
occupariCy,shallnotcreateadensitypattemincMsistentwiththe
establi.shedneighborhood.
Staff Finding:
The ADD is subordinate in character to the printary residence. The ADU, considering
year.round occupancy, is not expected to create a densitypattem inconsistent with the
neighborhood.
2) \\'here the proposed development varies from the dimensional
requirements oftheunderly:ing wne district, the Planning and Zoning
Commission shall find that snch variation is more compatible in chmacter
with the primary residence than the development in accord with
dimensional requirements. The following dimensional requirements may
be varied:
a :Minimum front and rear yard setbacks
b. :MinimumdiSlancebetvveenbuildingsonlhelot.
c. Maximum allowed floor area may be exceeded up to the bonus
allowed for accessory dwelling units.
d. The side yard setback shall be a minimum oftluee 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(l/3) of the
parcel, however, the maximum height of the structure shall not exceed
eighteen (18) feet. On Landmark Designated parcels and within the
Historic Overlay District the HPC shall have the ability to make height
variations.
StaffCommentspage3
f. Maximum allowable site coverage may be varied up to a maximum of
five (5) percent, onLandmark Designated Parcels and within an
Historic Overlay District the HPC shall have the ability to make such
site coverage variations.
g. In the case where the proposed detached accessory dwelling unit Is
located on a Landmark Designated Parcel or within an Historic
Overlay District only HPC may make dimensional variations pursuant
to the standards of Section 26.40,070(B)
Staff Finding:
The applicant is not requesting any variations to thedimensjonal requirements. The one
required parking space has been indicated on the proposed site plan.
2) The Planning and Zoning Commission and the Historic Preservation
Committee may exempt existing nonconforming structures, being
converted to a detached accessory dwelling unit, from 26.40.070(B)(2)(a-
g) provided that the nonconformity is not increased.
Staff Finding:
Not applicable.
There are no non-conformities.
3)
Conditional use review shall be granted pursUlUltto Section 26.60.040
Standards applicable 10 all conditional uses.
Staff Finding:
-Refer to Staff Comments for Conditional Use review.
C. Bandit Units.
Any bandit dwelling unit which can be demonstrated to have been in existence on
or prior to November I, 1988, and which complies with the requirements of this
section maybe legalized as an accessory dwelling unit, ifit shall meet the health
and safety,requirements of the Uniform Building Code, as determined by the
Chief Building Official.
Staff Finding:
Does not apply, This Is not a bandit unit.
D. GMQSI Replacement Housing Credits.
Accessory dwelling units shall not be used to obtain points in the affordable
housing category of the Growth Management Quota System (GMQS). Only those
units meeting the housing size, type, income and occupancy guidelines of
approval of the housing designee and the standards ofSectiou26.100.090 ma ybe
used to obtain points in the affordable housing category. Accessory dwelling
units also may not be used to meet the requirements of Title 20 of the Municipal
Code of the City of Aspen, Colorado, "Residential Multi-Family Housing
Replacement Program."
StaffC0l11menlSpage4
StaffFindiug:
Does not apply. Multi-Family housing replacement applies to structures of three or more
units.
E. FAR for Accessory Dwelling Units.
For the purposes ofcalcillating floor area ratio and allowable floor area fora lot
whose principle use is residential, the following shall apply: the allowable floor
area for an above"grade attached accessory d"'1:lJlng unit shall be exc1udedto a
maximum ofthree-hundred-fifty (350) square feet of allowable floor area or fifty
(50) percent of the size of the accessory dweJling unit, \vhicheveris less . This
floor area exclusion provision only applies to accessory dwelling units which are
subject to review and approval by thi: Planning and Zoning Commission pursuant
to conditional use review and approval, Section 26.60.030 of this code, and the
units must be deed restricted, registered \'iith the housing office, and available fo r
rental to an eligible working resident of Pitkin County. The owner retains the
right to select the renter for the unit. An Accessory Dwelling Unit separated from
a principal strucMe by a distance Moo less than ten (10) feet "ith a maximum
fbotprint offourhundred fifty (45) square feet, shall be calculated at fifty (50)
percent of the allowable floor area up to seven hundred (700) square feet of Floor
Area. Any element linking the principal structure to the accessory structure may
be no more than one (1) story tall, six (6) feet wide, and ten (10) feet long.
Staff Finding:
The ADD does not qualify for a Floor Area exemption because it is not being deed
restricted to mandatory occupancy, and the applicant is not requesting aFlo or Area
bonus.
StaffComrnentspage5
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DRAFT
:MEMORANDUM
To:
Nick Lelack, Planner
Thn>,
Nick Adell, City Engineer
From:
Chuck Roth, Project Engineer
Date:
September 14, 1999
Re:
Daly Conditional Use for an Accessory Dwelling Unit
(1590 HomestakeDr.)
The Development Review Committee has reviewed the above referenced 8pJllication at their
September 8, 1999 meeting, and we have the following comments:
GelIeral- (l) These comments are based on the fact that we believe that the submitted site plan is
accurate, that it shows all site features without misrepresentation, and that it is feasible. The
wording must be c8lried forward exactly as written Wlless prior consent is received from the
Engineering Department. This is to halt complaints related to approvals tied to ''issuance of
buildingpennit." (2) If there are any encroachnients into the public right"of-way, the encroachment
must either be removed or be subject to current encroachment license requirements if continuation
of such encroachment would be acceptable to the City.
L Site Draina2e - The existing City storm drainage infrastructure system is does not have
additiomil capacity to convey increased storm runoff. The site development approvals mnst include
the requirement of meeting runoff design standards of the Land Use Code at Sec. 26.88.040.CAf
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 areport signed and stsmpedby an engineer register ed
in the State of Colorado, submitted as part of the building and site plan, as weU as a temporary
sediment control and containment plan for the construction phase, Ifdry\vells are an acceptable
solution for site drainage, a soils report must be provided with percolation test to verify the
feasibility of this type system. Drywells may not be placed within utility easements. The
tOundation drainage system should be separate from stonn drainage, must be detained on sile, and
must be shoWIlon drainagep!anll prior to permit drawiugs. The drainage may be conveyed to
existing landscaped areas if the drainage report demOnstrates that the percolation rate and the
retention volume meet the design storm. Drainage from the driHm'ayis of special concern.
,
2. Sidewalk, Curb and Gutter . The development plans need to indicate a five foot \\-ide
pedestrian usable spaCe ,"villi a five foot buffer for snow storage, where feasible. The applicant
needs to sign a sidewalk, curb and gutter construction agreement, and pay recording fees, prior to
is:ruanceofabuildingpermi.t.
3. Housing Office - The unit is above grade, which is preferable.
4. Fire Marshal- If the area of the structure exceeds 5,000 square feet, sprinklers must he
installed. The plans will be reviewed by the Fire Marshall at the time of application for a building
permit.
5. Work in the Public. Riaht-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 publk rights-of-way, parks department (920-5120)
for vegetation species and for public trail disturb8llCe, and streets department (920-5130) for
mailboxes, street and alley cuts, and shall obtain pemrits for any work or development, including
larldscaping, within public rights-of-way from the city community development department.
DRCAttendees
Staff: Nick Adeh~ Chris Bendon" Nick Lelack, Ed Van Walraven, Stephen Kanipe, Cindy
Christensen, Phil Overeynder, Chuck Roth
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PROJECT:
LAND USE ApPLICATION
E:xJ-1I b/{- ,)
A9Vol
Name: DA LY P.r::;SmF:N c~ ADO
Location: 15QO HOME".S7rfr<t U{IVG J. J..OT 17 WeSi AC,Pr.7'I Su60liJf<C.irJlJ ~ILI/IIh:{
(Indicate street address, lot & block number, legal description where appro priate)' .....
ApPUCANT:
Name:
Address:
Phone#:
REPRESENTATIVE:
Name:
Address:
Phone#:
TYPE OF ApPLICATION: (please check all that apply):
.... Conditional Use 0 ConceptualPUD
o Special Review D Final PUD(& PIJD Amendment)
o Design Review Appeal D Conceptual SPA
o GMQSAllotment D FinaJ SPA (& SPA Amendment)
o GMQS Exemption D Subdivision
o ESA - 8040 Greenline,Stream 0 Subdivision Exemption (includes
Margin, Hallarn Lake Bluff, condominiumization)
MountainViewPlane
o Lot Split
o LotLineAqiustment
o TernporaryUse
D Text/Map Amendment
D Conceptual HistoricDevt.
D Final Historic Developrnent
D Minor Historic De,i_
o Historic Demolition
o Historic Designation
o Small wdge Conversion/
Expansion
D Other:
EXISTING CONDITIONS: (description of existing buildings, uses, prevIous approvals, etc.)
I VACANT R!:?';/'f)f::}J'TIA L LOT
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
I C,iN(.;,iF. r:AHI1Y Rr::::sjJ)BJCE
Have you attached the following?
o Pre-Application Conference Summary
o Attachment #1, Signed Fee Agreement
o Response to Attadnnent #2, Dimensional Requirements Form
o Response to Attachment #3, Minimrun Submission Contents
o Response to Attachment #4, Specific Submission Contents
o Respollse to Attachment #5, Review Standw:ds for Your Application
FEES DUE: $
ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
Project: ))AJ...i l<eS//)e)JCP.' Ai) U
Applicant: TOM DALY
Location: /e:;<'I(j HoHt:.......-mKF: 1)RIliE i-OT 17 W851MPeJ '3iJBDII{ISio# IF/LING;Z
Zone District: . '
Lot Size: f4l/K toC)/
Lot Area: / 00 S FT;
(forthepu osesofcalculatingFloorArea, Lot Area may 00 reduced for areas
within the high water mark, easements,nnd steep slopes. Please refer to the
defmition of Lot Area inrhe Municipal Code.J
Proposed:
Proposed:
Proposed:
/
"I ('3 Pli!' 1 AbU)
Commercial net leasable:
NutUberofresidentialunits:
Numberofbeclrooms:
Existing:
Existing:
Existing:
Proposed % of demolition (Historicproperries only):
DIMENSIONS;
Floor Area: Existing: Allowable: ~5)f Propo~(!d.- -f.5"17
,
lIMlfr8J.t: / ~* [;,
Principal bldg. height: Existing" AlIowablelJljlltd pm::H Proposed: 31-11 cT"'.
Access. bldg. height: E-risting: Allowable: Proposed: hONE
On-Site parking: Existing: - Required: 3 Proposed. 3
% Site coverage: Exisling: Required: ProjJosed: .:N'lo
% Open Space: Existing: Required: NA- Proposed: NA
Front Setback: Existing: Required: ,;Z.,-I Proposed.- .2.5/
Rear Setback: Existing: Required: 10' P/"Opo~ed; /0/
CombinedF/R: Existing: Required: 35' Propo~ed: 351
Side Setback: Exi~ting: Required: Proposed: c;U>t/'J;;76T
Side Setback: Existing: Required: Proposed: Ir~O"IJ}GOT
Combined Sides: E-risting: Required: Proposed: 'I5'-!:
Existing non-confonnities or encroachments:
Nom;:
Variations requested:
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August 9, 1999
City O'f Aspen
Aspen, CO'IO'radO'
Re: Land Use ApplicatiO'n hllO'nnatiO'n
LO't 17, West Aspen Subdivision
TO' Whom It May CO'ncern:
The applicant authO'rized to' act as representative is the owner:
Thomas J. Daly
520 W. Hallam Street
Aspen, Colorado 81611
(970) 925~5788
Legal description of the property:
Lot 17, West Aspen Subdivision, Filing NO'. 2
There are no mortgages, judgments, liens, easements, contracts O'r
agreements affecting this parcel.
Attached is a copy of the current title insurance policy.
Sincerely,
IX~-,~~
Thomas J. Daly
520 W. Hallam Street
Aspen, CO 81611
925-5788
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A iT ACHMENT 4
Subdivision Exemption by Planning Director
Lot Line Adjustment
The Planning Director shall exempt an adjustment of a lot line between contiguous lots if all the
following conditions are met.
1. It is demonstrated that the request is to correct an engineering or survey error in a recorded plat
or is to permit an insubstantial boundary change between adjacent parcels; and
2. All landowners whose lot lines are being adjusted shall provide written consent to the
application; and
3. It is demonstrated that the request is to address specific hardship; and
4. The corrected plat will meet the standards of this division, and conform to the requirements of
this chapter, including the dimensional requirements of the zone district in which the lots are
located, except in cases of an existing nonconforming lot, in which the adjustment shall not
increase the nonconformity of the lot; and
5. It is.demonstmteiithat the lot line adjustn;c';\vilL not affect the development rights or
permitted density of the affected lots by providing lIieopportunity to create a new lotforresale
or development.
** There is no Attachment 5 associated with this application.
att4.lla
/
F/."T
SCHEDULE A-OWNER'S POLICY
CASE NUMBER
PCT13093
DATE OF POLICY
07/21/98 @ 3:52 P.M.
AMOUNT OF INSURANCE
$ 1,350,000.00
POLICY NUMBER
1312-120188
1. NAME OF INSURED:
THOMAS J. DALY and JUDITH J. DALY
2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS:
IN FEE SIMPLE
3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN:
THOMAS J. DALY and JUDITH J. DALY
4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN,
STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS:
LOT 17,
WEST ASPEN SUBDIVISION, FILING NO. 2
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE.
ASPEN, COLORADO 81611
(970) 925-1766/(970)-925-6527 FAX
THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET.
SCHEDULE B-OWNERS
CASE NUMBER
PCT13093
DATE OF POLICY
07/21/98 @ 3:52 P.M.
POLICY NUMBER
1312-120188
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, enchroachments,
any 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, labor, or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
5. Water rights, claims or title to water.
6. Taxes for the year 1998 not yet due or payable.
7. Right of the proprietor of a vein or lode to extract or remove his
ore therefrom, should the same be found to penetrate or intersect
the premises hereby granted as reserved in United States Patent
recorded February 8, 1955 in Book 180 at Page 334.
8. Easements, rights of way and all matters as disclosed on Plat of
subject property recorded September 5, 1968 in plat Book 3 at Page
308.
9. Easement granted to Aspen Metropolitan Sanitation District recorded
in Book 260 at Page 614.
EXCEPTIONS NUMBERED 1, 2, 3 & 4 ARE HEREBY OMITTED.
ENDORSEMENT FORM 130
ATTACHED TO AND MADE A PART OF FIDELITY NATIONAL TITLE INSURANCE COMPANY
POLICY NO. 1312-120188 PCT13093
Provided there is situated on the land described under Schedule A of the
policy a single family residence, the policy is hereby amended as
follows:
Notwithstanding anything therein to the contrary, the policy insures
against loss or damage by reason of the following:
1). Any unfiled lien for labor or material furnished for improvements on
the land (except for any such lien arising out of construction
contracted for or assumed by the insured), provided construction of
all improvements is completed at date of policy;
2). Rights or claims or parties in possession of the principal dwelling.
3). The enforced removal of the principal dwelling on account of, at Date
of policy:
(a) Any encroachment of said principal dwelling onto adjoining lands
or onto any easement shown as an exception in Schedule B or onto
any unrecorded subsurface easement.
(b) Any violation of building setback lines or covenants, conditions
or restrictions referred to in Schedule B of the Policy.
(c) Any violation of any zoning ordinances if the land is used only
for a single family residence.
The term "principal dwelling" means any single family residential
structure on the land whether detached or not. If the principal dwelling
is a condominium unit it refers to the space within the boundaries of the
unit. Additional improvements and areas such as out-buildings, detached
garages, fences, driveways, retaining walls, plants and common areas are
not included within this definition. The term "zoning ordinance" does not
include building codes, occupancy regulations and subdivision laws.
This endorsement is made a part of the policy and is subject to all 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 prior endorsements, if any, nor
does it extend the effective date of the policy and prior endorsements or
increase the face amount thereof.
IN WITNESS WHEREOF, the Company has caused this Endorsement to be signed
and sealed and to be valid when countersigned by an authorized officer or
agent of the Company, all in accordance with its By-Laws.
ISSUED AT PITKIN COUNTY TITLE, INC., 601 E. HOPKINS AVE., ASPEN, COLORADO
81611
: JlL~cI~CJ..u;
AUTHORIZED OFFICER O~ AGENT
COUNTERSIGNED
...""_.-
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ASPENIPITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
A2:reement for Pavrnent of City of Aspen Development Annlication Fees
CITY OF ASPEN (hereinafter CITY) and ---r- /+0 MAS
(hereinafter APPLICANT) AGREE ."S FOLLOWS:
f)AI...'f
I. APPLICANT has submitted to CITY an application for
Af'>U
(heremafter. THE PROJECT).
" APPLICANT understands and agrees that City of Aspen Ordinance No. ~9 (Series of 1998)
establishes a fee structure for Land use appiications and the payment of all processing fees is a condition precedent
to a determination of application completeness. .
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project. it
is not possible at this time to ascertain the full extent of the costs involved in processing the appiication.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthiy basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees priot;,-!Q a determination of apPliciob:mPleteness, APPLICANT shall pay an initial deposit in the
amount of $ S ~ which is for # l>ems of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review. Such periodic
payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounc!s for suspension of processing, and in no case will building permits be issued until all
costs associated with case processing have been paid.
CITY OF ASPEN
APPLICANT
By:
- tL-J.
By:
~+;~
)
ie Ann Woods
ommunity Development Director
Date:
Mailing Address:
)' 'LO LV H A.vt:.-4tv1' {' f-
45 fJ(?tt Cc/ "'It 1/
liZ,S-~S'7?'7
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ASPEN/PITKIN
COiYIlVWNITY DEVELOPMENT DEPARTMENT
City of Aspen Development Application Fee Policy
The City of Asp<:;n, pursuant to Ordinance -+9 (Series of 1998), has established a fee structure for
the processing of land use applications. A xlat fee or deposit is collected for land use applications
based on the type of application submitted. Referral fees for other City departments reviewing
the application will also be collected when necessary. One check including the deposit for
Planning and referral agency fees must be submitted witb. each land use application. made
payable to the Aspen/Pitkin Community Development Department. Applications will not be
accepted for processing vvithout the required application fee.
A flat fee is collected by Community Development for Administrative Approvals which
normally take a minimal and predictable amount of staff time to process. The fee is not
refundable.
A deposit is collected by Commilllity Development when more extensive staff review is required,
as hours are likely to vary substantially from one application to another. Actual staff time spent
will be charged against the deposit. Several different staff members may charge their time spent
on the case in addition to the case planner. Staff time is logged to the case and staff can provide
a summary report of hours spent at the applicant's request.
After the deposit has been expended, the applicant will be billed monthly based on actual staff
hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the
case following any hearing or approvals, up until the applicant applies for a building permit.
Current billings must be paid within 30 days or processing of the application will be suspended.
If an applicant has previously failed to pay application fees as required, no new or additional
applications will be accepted for processing until the outstanding fees are paid. In no case will
Building Permits be issued until all costs associated with case processing have been paid.
When the case planner determines that the case is completed (whether approved or not
approved), the case is considered closed and any remaining balance from the deposit will be
refunded to the applicant.
Applications which require a deposit must include an Agreement for Pavment of Development
. Application Fees. The Agreement establishes the applicant as being responsible for payment of
all costs associated with processing the application. The Agreement must be signed by the
party responsible for payment and submitted with the application and fee in order for a
land use case to be opened.
The current complete fee schedule for land use applications is listed on the reverse side.
~ .
~
,.
ASPEN/PITKIN COMMUNITY DEVELOPMENT
1999 LAND USE APPLICATION FEES
CA TEGORY
HOURS
DEPOSIT
Major
Minor
Staff Approvals
Flat Fee
12
6
2,220.00
1,110.00
460.00
Exempt HPC
Minor HPC
Significant HPC <1000 sq. ft.
Significant HPC >1000 sq. ft.
Demolition, Partial Demolition, Relocation
Referral Fees - Environmental Health
Major
Minor
Referral Fees - Housing
Major
Minor
Referral Fees - City Engineer
Major
Minor
Hourly Rate
FLA T FEE
255.00
65.00
120.00
312.00
624.00
1250.00
320.00
160.00
320.00
160.00
320.00
160.00
185.00
p ({O PEflTI 0 WtJ E:P-5 ()) ITH IN ;900 A:
DOAN SHELLEY F
12263 INDIAN RD
NORTH PALM BEACH, FL 33408
COUCHMAN DIANE P
4416 GRASSMERE
DALLAS, TX 75205
LYONS CHARLES P & EDEL TRAUD
1690 HOMESTAKE DR
ASPEN, CO 81611
TAYLOR RICHARD E
TAYLOR MURIEL KAY
1595 SILVER KING DR
ASPEN, CO 81611
ROSS RONNI L
1610WHOMESTAKE
ASPEN, CO 81611
MANN FLOYD C TRUST & JOSEPHINE C
TRUST
1550 HOMESTAKE DR
ASPEN, CO 81611
DISABATINO M A JR
DISABATINO G C
1610 SILVER KING DR
ASPEN, CO 81611
DIFFENBAUGH JOHN 0
D1FFENBAUGH CAROLYN G
1655 SILVER KING DR
ASPEN, CO 81611
SCHILLER CARL F & LESLIE HARLOW-
1605 SILVER KING DR
ASPEN, CO 81611-1050
BRESNITZ KURT G & LOTTE S
1650 HOMESTAKE DR
ASPEN, CO 81611
SCOTT FITZHUGH III
SCOTT SUSAN S
1555 SILVER KING DR
ASPEN, CO 81611
GUTHRIE JANET UNO 44.34% INT
LEVINE WARREN UNO 55.66% INT
1525 SILVER KING DR
ASPEN, CO 81611
SMITH JOAN FRENSLEY & STEPHEN B
4033 GRASSMERE
DALLAS, TX 75205
HIRSCH MICHAEL R & MARY H
1590 SILVER KING OR
ASPEN, CO 81611
OSTERMAIER HERMAN FAMILY TRUST
275 CASTLE CREEK RD #105
ASPEN, CO 81611-1194
GORDON GWYN V
1540 SILVER KING DR
ASPEN, CO 81611
SCHWARTZ ALAN E REVOCABLE TRUST
PO BOX 10452
ASPEN, CO 81612-7343
DALY THOMAS J
520 W HALLAM ST
ASPEN, CO 81611
TAYLOR J DAVID
1570 HOMEST AKE DR
ASPEN, CO 81611
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER:
PROJECT:
REPRESENTATIVE:
OWNER:
DESCRIPTION:
Chris Bendon, 920.5072
Lot 17 West Aspen Subdivision
Tom Daly
Tom Daly
Conditional Use for an ADU. One Step. GQMS.
DATE: 8.6.99
Land Use Code Section(s)
26.425 Conditional Use Criteria
26.520 Accessory Dwelling Units
Review by:
Public Hearing:
Staff for completeness; DRC for technical review, P&Z for conditional use
Yes (P&Z), Applicant must post property and mail notice at least 10 days prior to hearing, or at
least 15 days prior to the public hearing if any federal agency, state, county, municipal
government, school, service district or other governmental or quasi-governmental agency owns
property within three hundred (300) feet of the property subject to the development application.
Applicant will need to provide proof of posting and mailing with a affidavit at the public hearing.
Engineering, Housing, Parks, Fire Marshall, Water, ACSD, Building Department
Planning Flat Fee ($255)
Engineering, Minor ($160); Housing Minor ($160)
$575
Referral Agencies:
Planning Fees:
Referral Agency Fees:
Total Deposit:
To apply, submit the following information:
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 ofthe 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, ~d demonstrating the owner's right to apply for the Development Application.
5. Total deposit for review of the application.
6. 20 Copies of the complete application packet and maps.
HPC = 12; PZ = 10; ~ = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff= 1
7. An 8 1/2" 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.
(This requirement, or any part thereof, may be waived by the Community Development Department if the project
is determined not to warrant a survey document.)
9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include existing
conditions as well as proposed.
10. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on
mailing labels for a small fee. 920.5453
11 . Copies of prior approvals.
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 mayor may not be accurate. The summary does not create a
legal or vested right.
,-
.
Owner's Policy of Title insurance
Fidelity National Title Insurance Company
A Stock Company
Policy Number 1312-
120188
OWNER'S POLICY OF TITLE INSURANCE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE
B AND THE CONDITIONS AND STIPULATIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a corporation,
herein called the Company, insures. as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the
Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of"
1. Title to the estate or interest described in Schedule A being vested other than as stated herein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to
the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and
sealed by its duly authorized officers as of Date of Policy shown in Schedule A.
Fidelity National Title Insurance Company
By.'
&~!ff (
JlLtLt,V cI. ~Ot.'i(
Countersigned: .'
Authorized Signature
ATTEST
~'e<~~~=K~_m~
President
ALTA Owner's Policy (10-17.92)
FNTIC Form No. 1312 (6/93)
AGENDA
ASPEN PLANNING & ZONING COMMISSION
REGULAR MEETING
TUESDAY, SEPTEMBER 21,1999,4:30 PM
SISTER CITIES ROOM
I. ROLL CALL
II. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
III. MINUTES
IV. DECLARATION OF CONFLICTS OF INTEREST
IV. PUBLIC HEARING
0;-'
4:45-4:50 A.
Yellow Brick Rezoning to Public (To Be Continued to October 19'h),
Nick Lelack
/4:50-5:20 B.
5:20-5:35 C.
426 N. 2nd Street Landmark Designation, Amy Guthrie
Williams Ranch Substantial PUD Amendment, Chris Bendon
Code Amendment- Residential Multi-Family Housing Definition,
Chris Bendon
V5:35-6:05 D.
6:05-6:35 E.
Daly Accessory Dwelling Unit 1590 Homestake Drive, Nick Lelack
V. ADJOURN
Times are approximate. We recommend applicants arrive at least% hour prior to the scheduled time.
Aspen Consolidated Sanitation District
SyKelly * Chairman
Paul Smith * T reas
Michael Kelly * Secy
J ~hn Keleher
Frank Loushin
Bruce Matherly, Mgr
September 13, 1999
Chris Bendon
Community Development
130 S. Galena
Aspen, C081611
Re: Daly Accessory Dwelling Unit
Dear Chris:
The Aspen Consolidated Sanitation District currently has sufficient co1\ection and treatment
capacity to serve the proposed Daly ADU.Serviceis contingent upon compliance with the
. District's rules, regulations, and specifications which are on file at the District office. Our line
superintendent, Tom Bracewell, should be contacted by the applicant, to determine a suitable tap
location. We would request that a tap permit is completed and fees are paid prior to the issuance
of a building permit. .
Sincerely,
~~~.~~ .
Bruce Matherly .
District Manager
. 565 N. Mill St. ,Aspen, CO .81611/(970)925-3601! FAX (970) 925-2537