HomeMy WebLinkAboutLanduse Case.CO.116 S 2nd St.A046-03
Ii:'-
;
CASE NUMBER
PARCELID #
CASE NAME
PROJECT ADDRESS
PLANNER.
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
",---:<
"
A046-03
2735-124-24007
9/26/03
Plat Recorded
10/27/03
D DRISCOLL
n f)
1111111I11111111 111111 ~~;~~::I ~a: 35~
SILVIA DAVIS PITKIN COUNTY CO R 11.00 D 0.00
._~-----------~
..,..,- \ > r .LL
this !I.~ lV't:..-
~k-,
[Ctc'*:! cAdl~
t~W\: 4v {y:
following real property including but not limited to making any and all land use iJ ^ _ j {J/l\'p S
with the City of Aspen; or the Housing Authority or otherwise encumbering sai 1'Y"L ll-I] -- ~ ( {)
as follows: yo;' II [IY..2)7 tpf-
[UNITS 1,2 AND 3, WEST END CONDOMINIill Ct~o1+-<y CAf'1.
AlK/ A LOTS K, LAND M, BLOCK 52 .J.tk
CITY AND TOWNSITE OF ASPEN,
COUNTY OF PITKIN]
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That DIANA H. BEUTTAS, of
81611, reposing special trust and confidence in CHRISTOPHER H. SMITH, 0
of Colorado, has made, constituted and appointed, and by these presents does r
the said CHRISTOPHER H. SMITH my true and lawful attorney in fact for and
for my sole use and benefit to perform all acts necessary in connection wit
Hereby giving and granting unto said attorney full power and authority to do and perform all and
every actand th. irlg whatsoever requisite and necessary to be done in and about the premises, as fully and
.. ", ...:".:- "c- .....- ...... -' ',' '}, -'. . . " . : .:.., ;.-.....,:.. ,', "'_"'_ :. _.",' ....,'._ ...""" ,.....'.,
to all intents arJ,d purposes asI might or could do. ;f.~~~-". ~sent,including, but not limited, to, the
"'", >' '.::'<.: . "".- ',..1 ." -," ..-....._ " -_,'_' '," ',." :..'.:-';' '. ".. ,:'"'",:,,-,',(',.-,- .' ..h..-...,;; .,'.,....,:" .:"
following acts imd deeds: . sign, ........ 1,/Y1 rledgeany arid all. C1eed restrictions;
encroachment licenses, amendments. /-./S c; I .'1/. t.- d Condominium Declaration and such
other instruments in writing of wha '. ,(( tGI be necessary in connection with the
conversion of Unit I into an accessor /?;>f 11" V; other revisions to the declaration and
or to sell or encumber Units I, 2, and' . I /}? ;eeds of a sale or loan secured by the
aforesaid real property. l. . . k' 5) cJ.-S..... '
v,/Yf .-
My attorney in fact shall have fi. . _..~ Q:uaml.tl1ont)r to do and perform all and every act and thing
whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes
as I might or could do ifpersonally present, with full power of substitution or revocation, hereby ratifying
and confirming all that my attorney in fact shall lawfully do or cause to be done by virtue ofthis power of
attorney and the powers herein granted.
Third parties may rely upon the representations of my attorney in fact as to all matters relating to any
power granted to my attorney in fact, and no person who may act in reliance upon the representations of my
attorney in fact or the authority granted to my attorney in fact shall incur any liability to me or to my estate
as a result of permitting my attorney in fact to exercise any power.
",:':" ' :. " ,~ :: :.::., .,'. ,: ,:y" .. l .... _, ..:' .. , '.:' .;. 1 :; f' , ; .
This is a limite~ Power of;\ttorney to be used only for those p111'poses above stated to .af;)complish
the <;>btaining ane! disl>o/Sal of the proceeds of the above described loan and thesecuring there9fonthe real
property described ab. ov~: ... This.Powerof Attorney shall continue in full force and effect unless' . .
.... ,. ,.~.. '.. " " :',.. ' .. .. .. .. ,,, '.""" - ...... .. .. .. .., ,.... .. .. ..:- .. .. , .. ..; .. .. .. .. .. .. ,_ ' .. , " .. .. .. .. , .., ,., .. .i" .. -l-" ,
n
q
1111111111111111 111111 ~~~~~~~ ~8: 35~
SILVIA mWIS PITKIN COUNTY CO R 11.00 0 0.00 _.........-'
and until revoked by written instrument filed of record in the county where the above described property is
located.
This limited Power of Attorney shall not be affected by my disability.
Exoo."" ~ Ie ~003
f
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
D~f!~1/i:;
DIANAH. EUTTAS
The foregoing instrument was acknowledged before me this /(i'f/-..-
day of, L~/'/U , 2003, by DIANA H. BEUTTAS.
MyCcicmDslan Exp~~~~
. Witness my hand and official seal.
~~f-&~)
Notary Public
Address:
DIANA H. BEUTTAS
Power of Attorney
Page 2
~~mmIUIIIIUUIIIIII :;~:~t :..=
S~~I_VIAc~~VIS PITK~G~UNTY_GO",.__._~...0~___ 0 0.00 .....~
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That DEBORAH S. HATCH, of 158 Abenaki Way, Albany,
State of New Hampshire, reposing special trust and confidence in CHRISTOPHER H. SMI1H, of the
County of Pitkin, State of Colorado, has made, constituted and appointed, and by these presents does make,
constitute and appoint the said CHRISTOPHER H. SMITH my true and lawful attorney in fact for and in
my name, place and stead, for my sole use and benefit to perform all acts necessary in connection with the
improvements on the following real property including but not limited to making any and all land use
applications and agreements with the City of Aspen; or the Housing Authority or otherwise encumbering
said property, legally described as follows:
[UNITS 1,2 AND 3, WEST END CONDOMINillMS
A/KJA LOTS K, LAND M, BLOCK 52
CITY AND TOWNSITE OF ASPEN,
COUNTY OF PITKIN] ---"
Hereby giving and granting unto said attorney
every act and thing whatsoever requisite and necessary
to all intents and purposes as I might or could do if pe;
following acts and deeds: sign, execute, deliver al
encroachment licenses, amendments tothe Condominiu
other instruments in writing of whatever kind or natuI
conversion of Unit 1 into an accessory dwelling unit for (
'I ./{,AII/'lf and perform all and
// S 4 . . f 'emises, as fully and
I 'y tP" (<- ~ J t not limited to, the
~ . J.? ( deed restrictions,
5 -, ~. claration and such
/,v/( S f ~ __mection with the
__....rOtlsto the declaration.
----
----------
My attorney in fact shall have full power and authority to do and perform all and every act and thing
whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes
as I might or could do if personally present, with full power of substitution or revocation, hereby ratifYing
and confirming all that my attorney in fact shall lawfully do or cause to be done by virtue of this power of
attorney and the powers herein granted.
Third parties may rely upon the representations of my attorney in fact as to all matters relating to any
power granted to my attorney in fact, and no person who may act in reliance upon the representations of my
attorney in fact or the authority granted to my attorney in fact shall incur any liability to me or to my estate
as a result of permitting my attorney in fact to exercise any power.
This is a limited Power of Attorney to be used only for those purposes above stated to accomplish
the obtaining and disbursal of the proceeds of the above described loan and the. securing thereof on the real
property described above and this Power of Attorney shall tenninate by its terms on December 31, 2004,
I"""'>, t"""\
~ II' Iln 1111111111111111111 :~~::r :. .~"
SILVIA DAVIS PITKIN COUNTY CO R 11.00 0 0.00
unless sooner revoked by written instrument filed of record in the county where the above described property
is located.
This limited Power of Attorney shall not be affected by my disability.
Executed
6\2-<1
,2003.
STATE OF tJf.W \{a.M{lS~
) ss.
COUNTY OF ~\\ )
TJ=b=>.......I-..:;srn"'C>I~L
DEBORAH S. HATCH
The foregoing instrument was acknowledged before me this 2"1
day of Q~J " t--
,2003, by DEBORAH S. HATCH.
",""\"'"''',',
,.~".,\ '\ H "'~fl'''f
,....' ~'....4..... '_.S"
. Witness my hand and official seal. ... <'...... Q::.J... ....\ ",\ >
,.J:' o._~;., ".
. ~, -" -'...
-' .. ..,.}. ...... ~ .
.,..... .' ...
::,,:: . . 0: t.):
." '. (Q :.!.;:'
...... 0.. z ~; ~ 2
~, . .. ...~ ^
33" n.. -- .
't"" '< . ,,'
.~....-..-t\-......
>.,~~ ~ t. ...~,'.~
',t<!~ ~\.
~'n~ljl,.~tut~~~'
Cc,
My commission expires:
SHERRI L. SMITH, Notary Public
My Commission Exoires December 20, 2005
DEBORAH S. HATCH
Power of Attorney
Page 2
POWER OF ATTORNEY
~ '>i::i:l'
KNOW ALL MEN BY nmSE PRESENTS: That, DEBORAH S. HATCH., of 158 Abenaki Way, Albany,
State of New Hampshire, reposing special trust and confidence in CHRISTOPHER H. SMITH, of the
County of Pitkin, State of Colorado, has made, constituted and appointed, and by these presents does make,
constitute and appoint the said CHRISTOPHER II. SMITH my true and lawful attorney in fact for and in
my name, place and stead, for my sole use and beneHt to perform all acts necessary in connection with the
improvements on the following real property including but not limited to making any and all land use
applications and agreements with the City of Aspen; or the Housing Authority or otherwise encumbering
said property, legally described as follows:
[UNITS I, 2 AND 3, WEST END CONDOMINIUMS
A/K1A LOTS K, LAND M, BLOCK 52
CITY AND TOWN.SITE OF ASPEN,
COUNTY OF PITKIN]
Hereby giving and granting unto said attorney full power and authority to do and perform all and
every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully and
to all intents and purposes as I might or could do if personally present, including, but not limited to, the
following acts and deeds: sign, execute, deliver and acknowledge any and all deed restrictions,
encroachment licenses, amendments to the Condominium Map and Condominium Declaration and such
other instruments in writing of whatever kind or nature as may be necessary in connection with the
conversion of Unit I into an accessory dwelling unit for Unit 2 and other revisions to the declaration.
My attorney in fact shall have full power and authority to do and perform all and every act and thing
whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes
as I might or could do if personally present, with full power of substitution or revocation, hereby ratifying
and confirming all that my attorney in fact shall lawfully do or cause to be done by virtue of this power of
attorney and the powers herein granted.
Third parties may rely upon the representations of my attorney in fact as to all matters relating to any
power granted to my attorney in fact, and no person who may act in reliance upon the. representations of my
attorney in fact or the authority granled to my attorney in fact shall incur any liability to me or to my estate
as a result of permitting my attorney in fact to exercise any power.
This is a limited Power of Attorney to be used only for those purposes above stated to accomplish
the obtaining and disbursal of the proceeds of the above described loan and the securing thereof on the real
property described above and this Power of Attorney shall terminate by its terms on December 31, 2004,
,':i}.;.:.<'
i
,;.<"!".",.,,
"..".. .:..'..-..:.......::::;,"'::-::..' n
~:__ . .,_~ '"'i:-:'\:''-;':':';:''';''' ,."",--,-.'.",. .,...""",....,-,0'''",.'""", .
,>.) "';';:i,':.....,'.'., .'T' .:'.. "..;", ~':::;'_.'..":i,~,..','.\';;":';',;; ..... :.:.
II II 111f" II II 1111 111111 ~~~~~;~ i~4: 18P
SILVIA DAVIS PITKIN CQUNTY Cd R 11. 00 0 0.00
unless sooner revoked by writtcn instrument tiled of rccord in the county where the abovc described property
is located.
This limited Power of Attorney shall not be affected by my disahility.
Executed 81 ?-L( ,2003.
-_.._.~._~-~~--------\-_.._--,..__.,---_.__.--_.__._.-
..:.L:::2c~.b,,,,,.....I-,"::::s~g/L
DEBORAH S. HA TClI
STATE OF !Jew ~(" i'^'fb\u..':9
) ss.
COUNTY OF (,a.,voll )
The foregoing instrumcnt was acknowledged hefore me this __.2<1
day of
('/,u.r;j t 7 :-" \.--
,2003, by DEBORAH S. HATCH.
My commission expires:
. Witness my hand and ofticial seal.
I
,~ /Vi\--
>'.""""''''1"""",,
,,-;" . .~.' #....... /.-:,
') .-,' ...\,. ..~ -:;..
... "'- u'\ \1\ S
",- ~ u- ~
:' '< 9 -_.~::::,
,':J-..:.Q-Jtu=
: '. </ f C:} J t- :'
..... "'. Z -0 /;: ';-
.",";" c '{ ,.,' ~
\'-lei D.:loh;......,. .1\
~~ \-
SHERRI L. SMITH, Notary Public
My Commission E'(oirB~ .December 20, 2005
Co "0
DEBORAH S. HA TeH
Power of Attorney
Page 2
rJ
.~
488947
Page: 1 of 2
o 0.00
POWER OF ATTORNEY
KNOW ALL MEN BY nmSE PRESENTS: That DIANA H. BEUTTAS, of 120 S. 2"d Street, Aspen, CO
81611, reposing speeialtrllst and conlidence in CHRISTOPHER H. SMITH, of the County of Pitkin, State
of Colorado, has made, constituted and appointed, and by these presents docs make, constitute and appoint
the said CHRISTOPHER H. SMITH my true and lawlul attorney in fact I(Jr and in I11Y name, place and stcad,
for my solc use and benetit to perlorm all acts ncccssary in connection with thc improvemcnts on the
lollowing real property including but not limited to making any and all land use applications and agreements
with the City of Aspen; or the Housing Authority or otherwise eneumbering said property, legally described
as follows:
[UNITS 1,2 AND 3, WEST END CONDOMINIUMS
AlK/A LOTS K, LAND M, BLOCK 52
CITY AND TOWNSITE OF ASPEN,
COUNTY OF PITKIN]
Hereby giving and granting unto said attorney nilI power and authority to do and perform all and
every aet and thing whatsoever requisite and neeessary to be done in and about the premises, as fully and
to all intents and purposes as I might or eould do if personally present, including, but not limited to, the
following aets. and deeds: sign, exeeute, deliver and aeknowledge any and all deed restrictions,
encroachment licenses, amendments to the Condominium Map and Condominium Declaration and such
other instruments in writing of whatever kind or nature as may be neeessary in connection with the
conversion of Unit I into an accessory dwelling unit for Unit 2 and other revisions. to the declaration and
or to sell or encumber Units 1,2, and/or 3 and to deal with the proceeds of a sale or loan secured by the
aforesaid real property.
My attorney in faet shall have full power and authority to do and perform all and every act and thing
whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes
as I might or could do if personally present, with full power of substitution or revocation, hereby ratifying
and confirming all that my attorney in fact shall lawfully do or cause to be done by virtue of this power of
attorney and the powers herein granted.
Third parties may rely upon the representations of my attorney in fact as to all matters relating to any
power granted to my attorney in fact, and no person who may act in reliance upon the representations of my
attorney in fact or the authority granted to my attorney in fact shaII ineur any liability to me or to my estate
as a result of permitting my attorney in fact to exercise any power.
This is a limited Power of Attomey to be used only for those purposes above stated to accomplish
the obtaining and disbursal of the proceeds of the above described loan and the securing thereof on the real
property described above. This Power of Attorney shaII continue in fuII force and effect unless
n
.(l
,/.
IIIIII II 1IIIIIIIIIIIU~;~~~:~;~a 3SA
SILVIA'DAVIS P!TK1N. qOUNT! co R 1 t .00 D 0.00
and until revoked by written instrument tiled of record in the county where the above described property is
located. '.
This limited Power of Attorney shall not be affected by my disability.
I~xeeuled Ie .2003.
.-..---j-.........
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
.(j}~Jjli~1fi-~
DIANA fLifiY&t:TAs
The foregoing instrument was acknowledged bel'ore me this /5~
day ocilpiz-nvi./U ,2003, by DIANA H. BEUTTAS.
MyCommIsslcn Expires 6122/2005
. Witness my hand and official seaL
, #W'1-l~tf~~)
Notary Public '
Address:
DfANA H. BEUTTAS
Power of Attorney
Page 2
rl
130 S. Galena SI.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
Fax
To: John LaSalle From: James Lindt
Fax: 920-4737 Pages:
Phone: Date: 8/26/03
Re: 116 S. Second Condo Amendment CC:
o Urgent
o For Review
o Please Comment 0 Please Reply
o Please Recycle
. Comments:
Hi John,
Here are our comments regarding the draft condo amendment plat that you submitted. Please have
the surveyor make the requested changes and create Mylars. Once you get the signatures that are not
City of County related, bring it in and we will process the City signatures. Please let me know if you
have any questions.
Thanks,
James
I"")
~
MEMORANDUM
To:
John LaSalle
From:
James Lindt, Planner
Date:
August 26, 2003
Re: 116 S. Second Street Condominium Amendment Map-
Community Development Department's Comments
Please make the following changes to the draft condominium amendment map that you
submitted for review:
I. Apply for and obtain an encroachment license for the roof overhang, building lu.) k- {vji!)
encroachment, and ~ence encroachment that a:-e shown on the plat. Please . [') , c..l/\D-
reference the receptIOn of the encroachment hcense on the plat. ("-... \ C~ ~ w - \.
..tYiAdOOCW
2. Include a purpose statement under the title that states, "The purpose of this plat is V
to amend the West Side Condominium Plat to show that the northernmost unit has
been deed restricted as an Accessory Dwelling Unit."
3. Change the City Engineer's Signature Block to the Community Development V
Engineer's Signature Block.
4. Include a plat note that identifies that the ADU unit is to be sold and transferred J
with Unit No.2.
5.
Provide the dimensions for the boundary line between units 1 and 2.
v
6. In the plat notes, provide the posted addresses for each building. J
7. Obtain all signatures with the exception of the City Community Development
Director, Community Development Engineer, and Pitkin County Clerk and \J
Recorder prior to submitting mylars to Community Development Department.
Please also submit a review fee of $475 to the City of Aspen upon submittal of
Mylars. Additionally, please submit a recording fee of $21 with the Mylars that is
payable to the Pitkin County Clerk and Recorder's Office.
n
f)
Area Code 970
Facsimile 920-4737
John D. LaSalle
ATTORNEY AT LAW
200 Pitkin Mesa Drive
Aspen, Colorado 81611
Area Code 970
Telephone925-6633
September 18, 2003
James Lindt
Planner
Aspen Community Development Dept.
130 South Galena Street
Aspen, CO 81611
Hand Delivered
Re: Smith/Buettas/Hatch - ADD - 116 S. Second St.
Dear James:
Enclosed are the following:
I. Two fully executed and notarized mylars of the Amended Condominimn Map (except for
the City Community Development Director, Community Development Engineer, and Clerk and
Recorder). Please note that the encroachment license nmnber must be filled in when issued;
2. Check for the review fee in the amount of $475;
3. Original Powers of Attorney giving Chris Smith the authority to sign for his mother and
sister;
4. Check to the Pitkin County Clerk and Recorder for the recording fee in the amount of $43
(including the powers of attorney).
Thank you for your help and professionalism in connection with this matter.
Cii
/;
~. John D. LaSalle
NOV-07-2002 THU 09:28 ~...
, }
FAX NO,
A
P. 02
,-..,
(\
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinaftcr "Ordcr", is hereby issued pUJ'Sullnt to Section
26.304,070, "Development Onler~", and Section 26.308.010, "Vested Property Rights",
of the City of Aspen Municipal Code. This Order allows development of a sile specific
development plan pur~uant to the provisions of the land use approvals, dcscribed herein.
The cffeetivc dale of this Order shall also be the jnitiatioll delle of a threc-ycar vested
propcrty right. The vested properly ri ghl shall cxpire on the day aftcr the lhird
anniversary of lhe enective date of lhis Order, unless a building pemlit is approved
pursuant to Seclion 26.304.075, or unless an exemption, eXlension, reinstatemelll, 01' a
revocation is is~ued by City Council pursuant tD Scetioll 26,308.010. Aftcr Expiralion of
vested properly rights, this Order shan remain in full force and effect, excluding ilny
groMh management allotments granted p~lr~uant to Section 26.470, but shall be subject
to any amcndmenls to the Land Use Code udopted since the effective dute ofthig Gruel'.
This Development Order is associated with the property noted below for the sitc specific
development plan a~ described below.
ChristQJlJ]f.cSmilh, Diana BlIettas. !!!ld Deborah Hatch, 234J:Y. Hopkins AveulIe. A1P.fI1, CO
81611
Property Owner's Name1 Mailing Address an,] teJephone number
Unit 1, oflhe \Y.~H Side Condominilllm (<:\:!Iey Unilat 116 S. SecoI19.51reel)
Legal Description aud Street Address of Subject Properly
Special ~Io1Y,i,~:W~Droval to vary AQJJ...9ssign standard #6 to C19~d rcslrict the allcXJ.t!Jil as iUl
ADU
W'ri\icn Description oflhe Site Specific Plan andlor Allllchment Describing Plan
I'r"nning and ?,9.!}ill~ Commission Reso!.ulion No, 30, Series of?QQ2, 1115102 .
Laml Use Approv"l(s) Rcceivcd and Oates (Attach rinal Ordinances or ResoluliOllS)
Novcml).e! 16,2002 _.
Effective DlIte of Development Order (Same as dale ofpublic"tion of notice of approval.)
November 17, 2005
Exriration D~'ic'ofOcvelormcnt-Ordcr (The extension, reinstatement, exemption from expiration
and revocation may be pursllcd hI aecord"nce with Scot ion 26.308.010 of thc Cily of Aspen
Municipal Code.)
Issued this 16th day of November, 2002, by the City of Aspen Community
velopmcnt Director,
.. tvtJ _
e Ann Woods, Community Development Director
RECEIVED
AUG 2 5 ?nn3
A::WI::I~
BUILDING DEPARTMENT
r';
("\
A RESOLUTION OF THE ASPEN PLANNING ANI> ZONING COMMISSION
APPROVING A SPECIAL REVIEW TO VARY THE ACCESSORY DWELLING UNIT
DESIGN STANDARDS TO ALLOW FOR A FREE MARKET UNIT TO BE DEED
RESTRICTED AS AN ACCESSORY DWELLING UNIT AT 116 S. SECOND STREET,
CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735-124-24-007
Resolution No. 30
(Series of 2002)
WHEREAS, the Community Development Department received an application from
Dianna Beuttas, Deborah Hatch, and Christopher Smith, seeking a special review approval for a
variance from Section 26.520.050, Accessory Dwelling Unit Design Standards to allow the
applicant to deed restrict an existing free market unit as an accessory dwelling unit even though
it does not conform to the dimensional requirements of the zone district in which it is located on
their property located at 116 S. Second Street and described as Unit 1 of the West Side
Condominiums, City and Townsite of Aspen, Colorado; and,
WHEREAS, pursuant to Section 26.520.050 of the Aspen Municipal Code, Community
Development Department staff reviewed the applicant's application for compliance with the
Accessory Dwelling Unit Design Standards Section ofthe Aspen Municipal Code and found the
submitted development application to be inconsistent with Review. Standards pursuant to
26.520.050(4) and 26.520.050(5); and,
WHEREAS, Section 26.410.020(C) of the Aspen Municipal Code provides that if an
application is found by Community Development Department staff to be inconsistent with any
item of the Accessory Dwelling Unit Design Guidelines, the applicant may either amend the
application or appeal staffs. findings to the Planning and Zoning Commission pursuant to
Chapter 26.520.080, Special Review; and,
WHEREAS, all applications for Special Review for variations from the ADU Design
Standards of Section 26.520.050 must meet the following review standards in order for the
Planning and Zoning Commission to grant a variance from the ADU design standards:
a) The proposed ADUis designed in a manner which promotes the purpose of the ADU
program, promotes the purpose of the zone district in which it is proposed, and promotes
the units general livability; and
a) The proposed ADU is designed to be compatible with, and subordinate in character to,
the primary residence considering all dimensions, site configuration, landscaping,
privacy, and historical significance ofthe property; and
c) The proposed ADU is designed in a manner which is compatible with or enhances the
character of the neighborhood considering all dimensions, density, designated view
planes, operating characteristics, traffic, availability of off-street parking, availability
of transit services, and walking proximity to employment and recreational opportunities.
I")
r)
.;"
WHEREAS, the Community Development Director, after review of the requested
variance, recommended approval of the special review to allow the applicant to vary the ADD
design standards to deed restrict an existing free market unit as an accessory dwelling unit even
though it does not conform to the dimensional requirements of the zone district in which it is
located; and,
WHEREAS, the Aspen/Pitkin County Housing Authority, after review of the
requested variances, recommended approval of the special review to allow the applicant to vary
the ADD design standards to deed restrict an existing free market unit as an accessory dwelling
unit even though it does not conform to the dimensional requirements of the zone district in
which it is located; and,
WHEREAS, during a duly noticed public hearing at a regular meeting on November 5,
2002, the Planning and Zoning Commission, approved by a vote of six to zero (6-0) a special
review application to vary the ADD design standards to deed restrict an existing free market unit
as an accessory dwelling unit even though it does not conform to the dimensional requirements
of the zone district in which it is located at 116 S. Second Street, City and Townsite of Aspen;
and,
NOW, THEREFORE BE IT RESOLVED by the Commission:
Section 1
That a special review for a variance from the ADD Design Standards to deed restrict an existing
free market unit as an accessory dwelling unit even though it does not conform to the
dimensional requirements of the zone district in which it is located at 116 S. Second Street,
Aspen, Colorado, is approved pursuant to Land Dse Code Section 26.430, Special Review with
the following conditions:
1. The applicant shall prepare and record an amended condominium plat that
clarifies that the ADD unit shall not be sold as a separate interest from one of the
duplex units.
2. The applicant shall obtain an encroachment license from the City Engineering
Department to maintain the roof overhang encroachment into the alley.
3. The applicant shall provide one additional parking space for use by the ADD unit
as is represented in the application. This parking space shall be designated for the
use of the occupant of the ADD on the amended condominium plat. The fencing
on the north side of the parking space shall be removed to allow for the space to
be used by the occupant of the ADD.
4. The applicant shall maintain their trash storage within the confines of their
property as was established in their original condominium plat that was recorded
in the Pitkin County Clerk and Recorder's office at Book 10, Page 57.
("'\,
A
Section2:
All material representations and commitments made by the applicant pursuant to the special
review approvals as herein awarded, whether in public hearing or documentation presented
before the Planning and Zoning Commission are hereby incorporated in such approvals and the
same shall be complied with as if fully set forth herein, unless amended by an authorized entity.
Section 3:
This Resolution shall not effect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
APPROVED by the Commission at its regular meeting on November 5, 2002.
APPROVED AS TO FORM:
PLANNING AND ZONING COMMISSION:
Jasmine Tygre, Chair
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
n
~
Area Code 970
Facsimile 920-4737
John D. LaSalle
ATTORNEY ATLAW
200 Pitkin Mesa Drive
Aspen, Colorado 81611
Area Code 970
Telephone925-6633
August 25, 2003
James Lindt
City Planning Tech
Aspen Community Development Dept.
130 South Galena Street
Aspen, CO 81611
/
Re:
SmithlBuettaslHatch - ADD - 116 S. Second St.
Dear James:
In accordance with the attached Development Order dated November 16, 2002, enclosed are
two paper copies of a draft "Amended Condominium Map of West Side Condominiums" for your
review. If it meets with your approval, I will have the my1ars prepared and delivered to you for
execution and recording.
I have contacted the Housing Authority to obtain a form deed restriction for execution and
recording.
Thank you for your anticipated courtesy and cooperation.
Co!' I 1y,
(/tL
/
~
RECEIVED
AUG 2 5 2003
ASPEN
BUILDING DEPARTMENT