HomeMy WebLinkAboutLand Use Case.CU.1385 Riverside Dr.A091-99ro
CASE NUMBER A091-99
PARCEL ID # 2737-181-17024
CASE NAME 1395 Riverside Dr. Conditional Use for ADU
PROJECT ADDRESS 1395 Riverside Drive
PLANNER Nick Lelack
CASE TYPE Conditional. Use for ADU
OWNER/APPLICANT Bass / Cahn Properties, L.L.C.
REPRESENTATIVE Stuart Lusk
DATE OF FINAL ACTION 2/10/00
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION Approved 2/10/00
BOA ACTION
DATE CLOSED 2/15/00
BY J. Lindt
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DEVELOPMENT ORDER
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", of the 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
26308.010.
This Development Order is associated with the property noted below for the
site specific development plan as described below.
Bass/Calm Properties, P.O. Box
Property Owner's Name, Mailing e
1385 & 1395 Riverside Drive, Aspen, CO 81611
and Street Address
CO 81612
;phone number.
llescrlbmg
Dates (Attach Final Ordinances or
Date of Development Order (Same as
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this 25th day of February, 2000, by the City of Aspen Community
Development Director.
Community Development Director
G.Planning.Aspen.forms. DevOrder
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
following described property: 1385 & 1395 Riverside Drive of the City and Townsite of
Aspen, by administrative decision of the Community Development Director. For further
information contact Julie Ann Woods, at the Aspen/Pitkin Community Development
Dept., .130 S. Galena St, Aspen, Colorado (970) 920-5090.
City of Aspen Account
Publish in The Aspen Times on February 25, 2000
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Notice of Decision
Accessory Dwelling Unit
Bass/Calm Properties,. owner of a property located at 1395 Riverside Drive, Parcel
Identification Number 2737-18117024, has applied for administrative approval of an
Accessory Dwelling Unit (ADU). The Community Development Director shall approve,
approve with conditions, or deny a land use application for an Accessory Dwelling Unit
pursuant to Sections 26.520 and 26.304 of the Aspen Municipal Code if an application is
found to be consistent with the following review criteria:
1. The proposed Accessory Dwelling Unit meets the requirements of Section
26.520.050, Design Standards.*
2. The applicable deed restriction for the Accessory Dwelling Unit has been accepted by
the Aspen/Pitkin County Housing Authority and the deed restriction is recorded prior
to an application for a building permit.
COMMUNITY DEVELOPMENT DIRECTOR DECISION
The. Community Development Director finds that the Accessory Dwelling Unit to be
consistent with the review criteria, and hereby approves the ADU on this 10~' day of
February, 2000 with the condition that the applicable deed restriction for the ADU be
accepted by the Aspen/Pitkin County Housing Authority and is recorded prior to an
application for a building permit. ~^~,
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pro ~'<9 d , r;' ,,
lie Ann Woods, Community Development Director NI~D , •,~~J
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EXHIBITS
Exhibit A: Accessory Dwelling Unit Design Standards Checklist.
Exhibit B: Copies of photographs showing traction devices installed on stairs to the unit
to prevent snow and ice from accumulating.
Exhibit C: Floor plans and designated parking space.
*An interior door connecting the accessory dwelling unit to duplex unit B was removed,
and sufficient means of preventing snow and ice from accumulating on the stairs has been
provided.
EXHIBIT A
Case No. A091-99
Parcel ID No. 2737-18117024
Reviewed By Nick Lelack~~
Zone District: R-15
Date: February 10, 2000
Accessory Dwelling Unit Design Standards Checklist
26.520.050 Design Standards
All ADUs shall conform to the following design standazds unless otherwise approved, pursuant
to Section 26.520.080, Special Review:
An ADU must contain between 300 and 800 net livable square feet, 10% of which must be a
closet or storage area.
An ADU must be able to function as a separate dwelling unit. This includes the following:
a) An ADU must be separately accessible from the exterior. An interior entrance to the
primary residence may be approved by the Commission, pursuant to Special Review;
b) An ADU must have separately accessible utilities. This does not preclude shared
services;
c) An ADU shall contain a kitchen containing, at a minimum, an oven, a stove with two
burners, a sink, and a refrigerator with a minimum of 6 cubic feet of capacity and a
freezer; and,
d) An ADU shall contain a bathroom containing, at a minimum, a sink, a toilet, and a
shower.
,f~ One parking space for the ADU shall be provided on-site and shall remain available for the
benefit of the ADU resident. The parking space shall not be stacked with a space for the
primary residence.
An ADU shall be located within the dimensional requirements ofthe zone district in which
.the properly is located.
The roof design shall prevent snow and ice from shedding upon an entrance to an ADU. If
the entrance is accessed via stairs, sufficient means of preventing snow and ice from
accumulating on the stairs shall be provided.
,,~ ADUs shall be developed in accordance with the requirements of this title which apply to
residential development in general. These include, but are not limited to, the Uniform
Building Code requirements related to adequate natural light, ventilation, fire egress, fire
suppression, and sound attenuation between living units. This standard may not be varied.
,~ All ADUs shall be registered with the Housing Authority and the property shall be deed
restricted in accordance with Section 26.520.070 Deed Restrictions. This standard may not
be varied.
Net livable square feet: 634
Deed restricted to mandatory occupancy: No
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`~~~~Whipple Development Corporation
BUILDERS/DEVELOPERS
Mr. Nick Lelack
City Planner
130 S. Galena
Aspen, CO 81611
November 11, 1999
Dear Mr. Lelack,
This letter is a request for Administrative approval for an ADU located at 1395
Riverside Drive in Aspen.
Thank you for your attention to this matter.
Si erely,
Ralph U. Whipple /~~~
Whipple Development Corp..
855 GIBSON AVENUE • ASPEN, COLORADO 81611.970-925-5054
MEMORANDUM
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TO: Plans were routed to those departments checked-off below:
O ........... City Engineer
O ........... Zoning Officer
O ........... Housing Director
O ........... Parks Department
O ........... Aspen Fire Marshal
O ........... City Water
O ........... Aspen Consolidated Sanitation District
O ........... Building Department
O ........... Envirorunental Health
O ........... Electric Department t
O ........... Holy Cross Electric ~ ~ ~
O :.......... City Attorney ,,~ c~ '
O ........... Streets Department
O ........... Historic Preservation Officer ^~
O ........... Pitkin County Planning
FROM: Nick Lelack, Planner
Community Development Department
130 So: Galena St.; Aspen, CO 81611
Phone-920.5095 Fax-920.5439
RE: 1395 Riverside Dr. -Conditional Use ADU
DATE: October 12, 1999
REFERRAL SCHEDULE
DRC MEETING DATE:(1:30-3:00 Sister Cities Mtg. Room) Oct. 20,1999
OTHER REFERRALS DUE TO PLANNER: Oct: 29,1999
ENGINEERING REFERRAL DUE TO PLANNER: Oct. 29,1999
Thank you,
Nick
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Post-it" Fax Note ~6~~
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TO: Tom \~ __ __` __~---__-
FR: Nick, Planner (920-5095) ~ v'Y
Date: November 29, 1999
RE: 1395 Riverside Drive ADU
The application you called about is for an accessory dwelling unit (ADU) below the
garage of duplex B. The proposal is to convert an approved bedroom/wet bar in the
building plans to an ADU. There will not be any additional development beyond what
you currently see on the property.
Each new residential development is required to mitigate for increased square footage
with affordable housing. The owner has a choice to provide affordable housing on-site,
off-site, or pash cash-in-lieu for the additional square feet. In this case, the owner has
chosen to provide an ADU on-site. However, the owner chose this mitigation option
after submitting building plans. The building plans included abedroom/wet bar below
the garage of duplex B. To mitigate for affordable housing, the owner has chosen to
submit a change order to the building permit for the duplex to build an ADU instead of a
bedroom/wet bar. The only physical change to the site will be adding cooking facilities
to the bedroomlwet bar, which legally makes it a dwelling unit.
ADU's are permitted in the R-I S Zone District. However, if the owner has requested an
interior door connecting the ADU to the primary dwelling unit, in this case the duplex,
the Planning and Zoning Commission may approve, approve with conditions, or deny the
ADU at a public hearing. If the application is denied, the cooking facilities would be
removed, and the space below the garage would be converted back to a bedroom with a
wet bar. The owner would then be required to pay the cash-in-lieu payment required for
mitigation. All properties within 300 feet of the subject property must be notified about
the public hearing; hence, you received a notice.
You are welcome to examine the plans and full application in the City's Community
Development Department, located on the third floor of City Hall. If you would like to
stop in and discuss the application, please leave me a message so that I can arrange my
schedule to accommodate your visit. I have attached my staff report, the site
improvement survey, and site plans for your review.
Thanks for the call. I look forward to meeting you
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Community Develo ment Director
Joyce Ohlson, Deputy Directo
FROM: Nick Lelack, Planner
RE: Bass/Cahn Properties, LLC,1395 Riverside Drive, Conditional. Use ADU -
Public Hearing
DATE: November 30, 1999
APPLICANT:
Bass/Cahn Properties, LLC
REPRESENTATIVE:
Stuart Lusk
LOCATION:
1395 Riverside Drive
ZONING:
R-15
CURRENT LAND USE:
Nearly completed new duplex
PROPOSED LAND USE:
Duplex with an attached
634 net livable sq. ft. ADU.
LOT $IZE:
17,600 sq. ft.
Proposed Accessory Dwelling Unit entrance.
Additional photographs of the duplex and garage
above this unit are included in Exhibit E.
FAR:
Allowable: 5,074 sq. ft.
Proposed: 5,000 sq. ft.
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SUMMARY:
This request is for Conditional Use approval for an attached Accessory Dwelling Unit
(ADU). An ADU will provide for an exemption from GMQS. This ADU was completed
prior to receiving approval, therefore, if it is approved with conditions, the conditions will
be applied to a change order to the building permit (currently being requested concurrent
with the Conditional Use application) instead of to the building permit. If not approved,
the applicant would be required to disassemble components of the ADU which qualify it
such.
STAFF COMMENTS:
The proposed ADU includes approximately 634 square feet of net livable space. The
plans are for astudio/efficiency style of unit, including a kitchen, large walk-in closet,
one bath, and a generous living/bedroom area. The unit is located under the garage of
Duplex B (see Exhibit E for photographs of the duplex and garage).
The applicant obtained building permits to construct the duplex late last year; the
approved building plans included abedroom/wet bar under Duplex B's garage.
However, during construction of the project the applicant decided to build an ADU
instead of the bedroomlwet bar. During a site visit on October 12, 1999, staff found
that the bedroom contained a full kitchen instead of a wet bar, effectively completing
the ADU without Conditional Use approval or the proper building permits.
Subsequently, the representative submitted a change order to the building permit to
construct the kitchen. If the unit is approved with conditions, the conditions will be
applied to the change order to the building permit. Staff also notified the
representative that a Certificate of Occupancy will not be issued for the duplex or
ADU until Conditional Use approval is granted for the. ADU or cash-in-lieu is paid
for affordable housing mitigation.
In addition, the City Engineer is concerned about the new fence and berm on the
property. Specifically, the Engineer said that if appears a new fence and berm have
been installed in the public right-of--way, and that the fence needs to be relocated to
private property. He also said that portions of the berm that are within the public
right-of--way need to be removed, and that the plantings in the public right of way
need to be documented with an approved right-of--way permit.
Staff is recommending approval of the ADU with conditions.
REVIEW PROCEDURE:
Conditional Use for ADU. The Commission shall approve, approve with conditions,
or deny the application at a public hearing.
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RECOMMENDATION:
Staff recommends the Planning and Zoning Commission approve the Bass/Calm
Properties LLC Accessory Dwelling Unit located at 1395 Riverside Drive with the
following conditions:
1. Obtain a fence permit, relocate the approved fence to private property, and confirm
the location of the fence with the City Engineer.
2. Remove the portions of the berm that are within the public right-of--way.
3. Document the plantings in the public right-of--way with an approved right-of--way
permit
4. The change order to the building permit application shall include:
a) a copy of the Aspen Planning and Zoning Commission resolution.
b) a current Site Improvement Survey indicating the nature of all easements of
record indicated on the property title commitment, and with topography in the
public right-of--way that shows the topography in the right-of--way has been
restored to the topography on the improvement survey dated October 1998.
The survey also needs to explain a line at the northerly portion of the property
labeled N 50°00'00" E, 111.32'+/-, The development plans need to indicate a
five foot wide pedestrian usable space with a five foot buffer for snow storage,
where feasible, on both frontages.
c) a completed and recorded sidewalk, curb, and gutter construction agreement
and an agreement 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 ADU 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 a drainage plan, including an erosion control plan,
prepared by a Colorado licensed Civil Engineer that maintains sediment and
debris on-site during and after construction. This is particularly important
because the existing City storm drainage. infrastructure system does not have
additional capacity to convey increased storm runoff. If a ground recharge
system is required, a soil percolation report will be required to con•ectly size
the facility. A 2-year storm frequency should be used in designing any
drainage improvements. 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. 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 exisfing landscaped areas if the drainage
report demonstrates 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.
5. The change order to 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 Dwelling Unit.
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) and a
bathroom (hauing 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 ADU parking space. The
ADU space must have clear access and cannot be stacked with a space for the
primary residence.
e) The ADU meets all applicable UBC requirements for light and air.
f) An overhang shall cover the ADU entrance designed to prevent snow and ice
from falling on, or building-up on, the entrance to the ADU.
g) Conformance with the City's requirements for driveways. Driveways must be
separated by 25 feet or more (including neighboring driveways), and must be
paved from the edge of the street to the property line. Paving alternatives may
be approved by the City Engineer.
h) If the area of the structure exceeds 5,000 square feet, sprinklers must be
installed.
i) A five (5) foot wide pedestrian usable space with a five (5}foot wide buffer
for snow storage at the edge of the street paving.
6. The applicant should provide separate utility taps and meters for each residential unit.
7. 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. Easements must be
provided for pedestals. All utility locations and easements must be delineated on the
site improvement survey. Meter locations must be accessible for reading and may not
be obstructed.
8. The applicant must receive approval for any work within 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.
9. All construction vehicles, materials, and debris shall be maintained on-site and not
within public rights-of--way unless specifically approved by the Director of the Streets
Department. The applicant shall inform the contractor of this condition.
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10. The applicant shall abide by all noise ordinances. Construction activity is limited to
the hours between 7 a.m, and 7 p.m. Monday -Saturday.
11. Before applying for a building permit, the applicant shall record this Planning and
Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse
Plaza Building. There is a per page recordation fee. In the alternative; the applicant
may pay this fee to the City Clerk who will record the resolution.
12. The applicant needs to meet with the Aspen Consolidated SanutationDistrict (ACSD) to
determine if additional fees aze due and provide the City with a cleazance letter from the
District prior to receiving approvals.
13. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherw.irse amended by other conditions.
RECOMMENDED MOTION: ~ ~~ ~O'~"~µ~ ~~~ "" ~"' ~ v ""
"I move to approve the Bass/Cahn Properties LLC Accessory Dwelling Unit,'rl'`'~- '~ V
1395 Riverside Drive with the conditions outlined in the Community S l`~ ~'~
Development Department memo dated November 30, 1999." ~~ ~n c~kG~ ,
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings j~
Exhibit B -- Referral Agency Comments
Exhibit C -- Pcinity Map
Exhibit D -- Development Application
Exhibit E -- Site Photographs
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REVIEW CRITERIA & STAFF FINDINGS
Exhibit A
Bass/Cahn Properties LLC, ADU
Section 26.425.040, Standards Applicable to all Conditional Uses
(A) The conditional use is consistent with the purposes, goals,
objectives and standazds of the Aspen Area Comprehensive Plan,
and with the intent of the zone district. in which it is proposed to be
located.
Staff Finding:
A deed restricted Accessory Dwelling Unit is consistent with the purposes, goals,
objectives, and standards of the Aspen Area Community Plan (AACP). Supplying and
increasing the affordable housing stock: is clearly 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 pazcel 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 Riverside subdivision consists of a mixture of duplex units and single family homes.
There aze also existing ADUs in the vicinity. The proposed development appears to be in
the same character as the immediate area.
(C) The location, size, design and operating characteristics of the
proposed conditional use minimizes adverse effects, including
visual impacts, impacts on pedestrian and vehiculaz circulation,
parking, trash, service delivery, noise, vibrations and odor on
surrounding properties.
Staff Finding:
The ADU's location, size, and design will be visually compatible with the primary
residence on the property and in the immediate vicinity. The ADU is not visible to
pedestrian or vehicular traffic; however, the designated uncovered parking space offset
from the driveway is in full view from Riverside Drive. The unit's operating
chazacteristics will be similar to those of the primary residences and should not produce
adverse impacts on surrounding properties. No noise, vibrations, or odor related impacts
are anticipated.
P ~.. f".
The proposed ADU is a basement unit connected to duplex B via an interior door, and
located beneath the garage. It contains approximately 634 square feet of net livable space
in a studio/efficiency layout. There will be a large combined bedroom/living area, full
kitchen, plus a substantial. walk-in closet, and bathroom.
(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.
Staff Finding:
Infrastructure capacity is sufficient for this 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.
Park fees will be due prior to the issuance of a Certificate of Occupancy if they have not
already been paid.
(E) The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use.
Staff Finding:
The conditional 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 process.
The development appears to be in conformance with all other applicable standards of the
Land Use Code. Although. it complies with all standards imposed on it by the AACP and
Land Use Code, the Aspen/Pifkin County Housing Authority would like to see an
additional window well installed because the only natural light entering the unit is from
the unit's entrance.
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 no more than seven-hundred (700) square feet of net
livable area. The unit shall be deed restricted, meeting the Housing .
Authority's guidelines for resident occupied units and shall be limited to
rental periods of not 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 unit. One (1)
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parking space shall be provided on-site for each studio unit, and for each
bedroom within a one or two-bedroom: accessory dwelling unit.
Staff Finding:
The proposed ADU is approximately 634 square feet of net livable area; duplex units are
required to each have one ADU with a minimum of 300 square feet of net livable area or
one unit of at least 600 square feet of net livable area. A parking space is also designated
just off the driveway for this unit. Therefore, this condition is satisfied. The applicant
will be required to file a deed restriction on the unit prior to receiving the change order to
the building permit approval.
2) An attached accessory dwelling unit shall be subject to all. other
dimensional requirements of the underlying zone district.
Staff Finding:
The development appears to be in conformance with the provisions of the R-15 Zone
District. A zoning check is required through the change order to the building permit
review process.
3) A detached accessory dwelling unit shall only be permitted on parcels that
have secondary and/or alley access, exempting parcels with existing
structures to be converted to detached. accessory dwelling units, detached
garages or carports where an accessory dwelling unit is proposed above,
attached to, or contained within such detached garage or carport.
Detached accessory dwelling units are prohibited within the R-15B zone
district.
Staff Finding:
The ADU is attached.
4) An attached accessory dwelling unit shall utilize alley access to the extent
practical.
Staff Finding:
There is no alley that serves this property.
A. Development Review Standards.
1) The proposed development is compatible and subordinate in character
with the primary residence located on the property and with the
development located within the neighborhood, and assuming year-around
occupancy, shall not create a density pattern inconsistent with the
established neighborhood.
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Staff Finding:
The ADU is subordinate in character to the primarysesidence and, is in fact, located
beneath the garage of duplex B. Thus, the unit is not visible. The ADU, considering
year-round occupancy, is not expected to create a density pattern inconsistent with the
neighborhood.
2) Where the proposed development varies from the dimensional
requirements of the underlying zone district, the Planning and Zoning
Commission shall find that such variation is more compatible in character
with the primary residence than the development in accord with
dimensional requirements. The following dimensional requirements may
be varied:
a. Minimum front and rear yard setbacks
b. Minimum distance between buildings on the lot.
c. Maximum allowed floor area may be exceeded up to the bonus
allowed for accessory dwelling units.
d. The side yard setback shall be a minimum of three feet.
e. The maximum height limits for detached accessory dwelling units in
the R-6 zone district may be varied at the rear one-third (1/3) of the
parcel, however, the maximum height of the structure shall not exceed
eighteen (18) feet. On Landmark Designated parcels and within the
Historic Overlay District the HPC shall have the ability to make height
variations.
f. Maximum allowable site coverage may be varied up to a maximum of
five (5) percent, on Landmark Designated Parcels and within an
Historic Overlay District the 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 the dimensional requirements.
3) The Planning and Zoning Commission and the Historic Preservation
Committee may exempt existing nonconforming structures, being
converted to a detached accessory dwelling unit, from 26.40.070(B)(2)(a-
g) provided that the nonconformity is not increased.
Staff Finding:
Not applicable. There are no non-conformities:
4) Conditional use review shall be granted pursuant to Section 26.425.040,
Standards applicable to all conditional uses.
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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 1, 1988, and which complies with the requirements of this
section may be legalized as an accessory dwelling unit, if it shall meet the health
and safety requirements of the Uniform Building Code, as determined by the
Chief Building Official.
Staff Finding:
Does not apply. This is not a bandit unit.
D. GMQS/Replacement Housing Credits.
Accessory dwelling units shall not be used to obtain points in the affordable
housing category of the Growth Management Quota System (GMQS). Only those
units meeting the housing size, type, income and occupancy guidelines of
approval of the housing designee and the standards of Section 26.100.090 may be
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."
Staff Finding:
Does not apply. Multi-Family housing replacement applies to structures of three or more
units.
E. FAR for Accessory Dwelling Units.
For the purpose of calculating floor area ratio and allowable floor area for a lot
whose principal use is residential, the following shall apply:
The allowable floor area of an attached accessory dwelling unit shall be excluded
up to a maximum of three hundred fifty (350) square feet of allowable floor area
or fifty (50) percent of the size of the accessory dwelling unit whichever is less.
This floor area exclusion provision shall only apply to accessory dwelling units
which are subject to conditional use review and approval pursuant to section
26.425 of this code. In addition, the units shall be deed restricted, registered with
the Aspen/Pitkin County Housing Authority, and rented to an eligible working
resident of Pitkin County. The owner shall retain the right to select the renter for
the unit.
The floor area of a detached accessory dwelling unit separated from the principal
structure by a distance of not less than ten (10) feet with a minimum footprint of
r''""v
six hundred twenty five (625) square feet, shall be calculated at fifty (50) percent
of the allowable floor area up to seven hundred (700) square feet of floor area.
Staff Finding:
The ADU does not qualify for a Floor Area exemption because it is not being deed
restricted to mandatory occupancy, and the applicant is not requesting a Floor Area
bonus.
~""*.
MEMORANDUM
To:
Thru:
From:
Date:
Re:
Nick Lelack, Planner
Nick Adeh, City Engineer
Chuck Roth, Project Engineer ~~
October 28, 1999
~N ~ [3~T1
~.sF~~-
1395 Riverside Drive -Conditional Use for an Accessory Dwelling Unit
B
~o~~~~
The Development Review Committee has reviewed the above referenced application at their
October 20,1999 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 without misrepresentation, and that it is feasible. The
wording must be carried 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 if continuation
of such encroachment would be acceptable to the City.
1. Improvement Survey -The improvement survey that was submitted does not reflect site
conditions at the time of the application for an ADD. The applicant needs to provide an updated
improvement survey. The new survey also needs to explain a line at the northerly portion of the
property labeled N 50°00'00" E, 111.32' +l-.
2. Encroachments on Public Property - It appears that a new fence and berm have been installed
in the public right-of--way. Was a fence permit obtained? The fence needs to be relocated to
private property and confirmed by the Engineering Department observing property monuments.
The portions of the berm that are within the public right-of--way need to be removed. A final
improvement survey with topography needs to be provided that shows the topography in the public
right-of--way restored to the topography on the improvement survey dated October 1998. There are
also plantings in the public right-of--way which need to be documented with an approved right-of-
way permit.
3. Site Drainage -The existing City storm drainage infrastructure system does not have additional
capacity to convey increased storm runoff. The site development approvals must include the
requirement of meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.fand 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 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
rate and the detention volume meet the design storm. Drainage from the driveway is of special
concern.
4. 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, on both frontages..
The applicant needs to sign a sidewalk, curb and gutter construction agreement, and pay recording
fees, prior to issuance of a building permit.
5. Fire Marshal - If the azea of the structur0 exceeds 5,000 square feet, sprinklers must be
installed.
6. Aspen Consolidated Sanitation District (ACSD) -The applicant needs to meet with ACSD to
determine if additional fees are due and provide the City with a clearance letter from the District
prior to receiving approvals.
7. Work in the Public Right-of-way -Given the continuous problems of unapproved work and
development in public rights-of--way adjacent to private property, we advise the applicant as
follows:
The applicant must receive approval from city engineering (920-5080) for design of
improvements, including landscaping, within public rights-of--way, parks department (920-5120)
for vegetation species and for public trail disturbance, and streets department (920-5130) for
mailboxes ,street and alley cuts, and shall obtain permits for any work or development, including..
landscaping, within publicrights-of--way from the city community development department.
DRC Attendees
Staff: Nick Lelac, Karma Borgquist, Ed Van Walraven, Stephanie Levesque, Tom Bracewell,
Joyce Ohlson, John Krueger, Chuck Roth
99MI57
r~"a
Housintrf Office
530 Bast Maid Street, Lower Level
Aspen, Colorado 81611
(970) 920-5050
Fax: (970) 920-5580
MEMORANDUM
'SOr Nickl.aleek, Community Oevalopmant Dept.
FROM; 9tefanb A. Levesque, Housing Office
DATE: November 2;1999
RLa: t3aaalCahn Conditional Use far an ADU -1395 Riverelde Drive
Parcel ID No,
REt,UEST: The applicant is requesting approval for an accessory dwelling unit to be located below.grade.
$ACKGROIlND: According to Section 28.520, Acees~ory Dwelling Un/ts, a unit shall wntain not leas
dta11300 aquas feet of net livable area and Hat more theh 700 square feet of net Ilvabla area.
ISSUlS: When the Houaing.l>»'fce revlewa'plana for an accessory dwelling unit, there era particular areas
that are gWan spacial attention. They are as follows; '
1. The unft must ba a totally prtvate' unft, which means the unit must have a private entrance and there
aheA pa no other rooms in this unit chat need to ba utilized by the indNitluele in the. principal
residence; i,e., a mechaniegl room for the principal raaklanee.
2, The kitchen includes a minimum of a two-burner stove with oven, standard s9nk, and a 6-cubic foot
refrigerator plus heezer, '
3. 7tre unit Is nsquired to have a certain parcenhga of natural light into the unit; Le., windows. sliding
glass door, window walls, etc., especially If.dle unit W located belOw'grada. The UnMorrn Bulid(ng
Cpde raquirea.lhat 109'0 of the floor area of s unit needs to nave natural light. Natural Ilght is defined
' as light which id clear and open to the sky,
a. A deed restriction MUST be recorded PRIOR to building permit approval. The deed testrlcHon shall
• be obtained from the Housing Otfiea.
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 26.876.020 A,8 the ADU shall be
deed restricted, registered with the APCHA, and rented to an eligible working rssidern of .Pitlcin
tounry. The owner snail rotaln the ngM to select the Hofer for the unit.
RECOMMlNDA ARer reJiewing file application, .the Housing Office recommends approval on the
condition that issues 1-6 above are met prior to building permit approval. Prior to C,O. the Housing Office
requires a site tour to inspect the unit.
' 2 .
:1~efermAeMn7ea.adu
7'd ~d0 9NISf10H N3dSFi Wti0E:0S 66, Z0 AON
1~spen Consolidated Sanitation District
Sy Kelly* Chairman John Keleher
Paul Smith ` Ticas Frantz Loushin
Michael Kelly ~ Seey Bruce Matherlq,-Mgr
October 19, 1999
Nick Lelack
' Community Development
.130 S.,Galena
Aspen, CO 81611
Re: 1395 Riverside Dr.
Dear Nick: '
The: development located at 1395 Riverside Dr. is currently served by our District: We currently '
have sufficient collection and treatment capacity to serve the proposed redevelopment of this
propeity: Service is contingent upon `compliance with the District's rules; regulations, and
specifications avhich are on file at the District office. Issues such as the method of connection and
the abandonment or reuse of the existing service line must be reviewed and pre-approved by our
'line superintendent.
Once detailed plans are available for the construction of the duplex,, a tap permit can be
completed; and the'additional fees can be estimated. We request that the completion of the permit
and payment of fees be required prior to the issuance of a building permit.
Please call if you have any questions.
Sincerely,
- ~w`Y~n-t'`~•~.
Bruce 1Vlatherly
District Manager
565 N. Mill St:,Aspen; CO 81611/ (970)925-3601 /FAX (970) 925-2537
Phil Overeynder, 12:17 PM 10/25/99, Re: referral comments on 2 ADU
Date: Mon, 25 Oct 1999 12:17:24 -0600 (MDT)
X-Sender: philo@water
To: Nick Lelack <nickl@ci.aspen.co.us>
From: Phil Overeynder <philo@ci.aspen.co.us>
Subject: Re: referral comments on 2 ADU apps
Nick,
No I didn't attend. I didn't ahve comments on either application.
Thanks for
inquiring.
Phil
At 04:03 PM 10/22/99 -0500, you wrote:
>Hi Phil,
>I cannot remember if you attended the DRC last week concerning the
518 West
>Smuggler ADU application and 1395 Riverside Drive ADU application.
The
>applications were missing a few components, so I am checking with DRC
>members to see if there is any additional information you need before
>reviewing the application and submitting referral comments. Please
let me
>know if you need more information.
>Thanks.
>Nick
>X-5095
Printed for Nick Lelack <nickl@ci.aspen.co.us> 1
~^"~
<'~,
EXHIBIT E
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'1 N":~ yyyy....,, T'k ~ V ~ j f'~!:y^ y +~Mt•""~4~y¢n.+!S: kP _qy~y.
~ '~y~N M1 ~ ~'#MNNt yg yYda~y~yi~r,~C ^' #'!'7.
' ji~u: : .wy ~ ~~&.. ~.[~ ,~,A..'~Y M'k ~ !' T^u* M trot,„
aY N~ 4 M
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The ADU is located belowthis garage. Access to the ADU is downstairs and to the right of
this photograph, and the parking space is located in front of this access.
:~.
S4
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early completed duplex.. The garage is located to the right of the duplex (not visible).
,..
P'"'*, LAND USE APPLICATION
Exl+lel-r- D ~>
`~ele.~,~~*- ?ra a t ~ G ~.~erl
f RVJGV 1 . ~~ ~~
Name: C ON Dl TIONfk- I/5~ ~'~U ~ ~~ ~Jc ~ U>~r~5 ~ n~,'r--
Location: I~ ~ 5 ~, ~ 1,51 Q~ .~ . gLk ~ _ ~--01'~5 , ~I IJf~S t`1~--
(Indicate street address, lot 8c block number, legal description whe appropriat) s(,) (~ ,
fool ieeur
Name: ~ ~ . _ (~, (.:,
Address: '. ` `1 8~ 6 11
Phone #: '- .CU~j `
REPRESENTATIVE:
Name: )~-12`r f L~j~/~
Address: ~:0, Pj~, ? 00-r ~~.I~ 19~ g~ ~
Phone #: ~ - / 3 '~.~ ~^
1 YPE Vf HPI'UGA I IVN: (ptease cnecx au mat appiyl:
`~ Conditional Use ~-~ U ^ Conceptual PUD ^ Conceptual Historic Devt.
^ Special Review I] Final PUD (& PUD Amendment) ^ Final Historic Development
^ Design Review Appeal [] Conceptual SPA ^ Minor Historic Devt.
^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition
^ .GMQS Exemption ~ Subdivision ^ Historic Designation
^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
^ Lot Split ^ Temporary Use ^ Other:
^ Lot Line Adjustment ^ TexUMap Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
tr~c~-E ~~.y Il~~y ~~c~-~~A cis l'I,~ta~D SF C.r~T-
-l
PROPOSAL:
Have you attached the following?
Pre-Application Conference Summary
^ Attachment #l, Signed Fee Agreement
^ Response to Attachment #2, Dimensional Requirements Form
^ Response to Attachment #3, Minimum Submission Convents
^ Response to Attachment #4, Specific Submission Contents
^ Response to Attachment #5, Review Standazds for Your Application
U
' C1 b
FEES DUE: $ ~ ~- _
r~
ATTACffiYIENT 3
SPECIFIC SUBMLSSION REQUIREMENTS
CONDITIONAL USE REVIEW
1. A sketch plan of the site showing existing and proposed features which are relevant to the review
of the conditional use application.
2. If the application involves development of a new structure or expansion or exterior remodeling
of an existing structure, proposed elevations of the structue.
For Accessory Dwelling Unit applications, please also include:
Floor plan of the ADU, including door and window locations:
2. Net livable square footage of the unit, which is calculated on interior living area and is measured
interior wall to interior wall,.including all interior partitions. Also included, but not limited too,
habitable basements and interior stor~e~ceas,.clos4ts-and.laundry area. Exclusions include, but are not
limited to, uninhabitable basements, mechanical areas, exterior storage, stairwells, garages (either
attached or detached), patios, decks and porches. An ADU shall contain no less than 300 net livable
square feet and no more than 700 net livablesquare feet.
~~^,
ATTACI~YIENT a
REVIEW STANDARDS: CONDITIONAL USE REVIEW
When considering a Development Application for a Conditional Use, the Commission shall
consider whether all of the following standards are met.
A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen
Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be
located; and
B. The conditional use is consistent and compatible with the character of the immediate vicinity of the
parcel proposed for development and surrounding land uses, or enhances the mixture of
complimentary uses and activities in the immediate vicinity of the parcel proposed for
development; and
C. The location, size, design and operating characteristics of the proposed conditional use minimizes
adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, pazking,
trash, service delivery, noise, vibrations and odor on surrounding properties; and
D. There aze adequate public facilities and services to serve the conditional use including but not
limited to roads, potable water, sewer. solid waste, pazks, police, fire protection, emergency
medical services, hospital and medical services, drainage systems, and schools; and
E. The applicant commits to supply affordable housing to meet the incremental need for increased
employees generated by the conditional use; and
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 chapter.
~,~'^,
RESPONSE TO ATTACHMENT 4
A. The conditional use of proposed ADU at 1395 .Riverside Drive is consistent with
the Aspen area comprehensive plan. The location (R-I S) of ADU fits into the Rural, yet
close in, location of existing Duplexes and Single Family mix of homes. This is a great
location for an ADU opportunity.
B. The location of proposed ADU is consistent and compatible with the character of
the Riverside subdivision. The sub-divisions character already includes a mixture of new
and old structures, most Duplexes and Single family homes are on lots of well over
16,000 square feet. Apparently several homes in the neighborhood aze Annual Rental
Market Properties, along with local families. Thus the pedestrian traffic remains quite
active year round.
C. The location, size and design of proposed ADU is quite appropriate for the
neighborhoods scale. The character and visual impact of ADU's exterior blends into
existing site characteristics such as retaining scrub oaks, chokecherrys and aspens, along
properties southern edge. Natural Grades were left undisturbed within southern and
eastern set back lines.
Overall there is virtually no visual impacts from the Riverside Drive streetscape.
Parking and vehiculaz circulation is accessed off of Riverside Drive's 16' drive
cut.
The close in location allows for trash service, delivery service, etc.
Noises, vibrations and odors should be of little impact as the ADU unit is tucked
into a hillside on three sides thus leaving glazing and access along southern sunny side.
The existing undisturbed trees, screens the neighbors driveway to the south.
D. Being located within the Aspen City limits, there are obvious advantages as to
water, sewer, waste and drainage, etc.
The school bus stop is right at the comer of Hwy 82 & Riverside drive exactly
where subject property is located. Thus, fire, medical and other emergency services are
easily accessed right offHwy 82.
Said location is also located at a RFTA stop and is also easy walking distance to
town for the pedestrian.
E. Said applicant commits to continue to offer affordable housing opportunity under
the ADU guidelines of the Housing Authority.
F. The proposed conditional use complies with all additional standazds imposed on it
by the Aspen Area Comprehensive Plan, thus said applicant wishes to have the ADU
Conditional Use Application approved, as proposed, by a vote of the Planning and
Zoning Commissioners.
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY. '-
PLANNER:
Mitch Haas, 920-5095
DATE: 4/1/98
PROJECT:
REPRESENTATIVE:
TYPE OF APPLICATION:
Riverside Drive Conditional Use Review for an ADU, and Residential Design
Standards Review
Stuart Lusk --- 920-1321
Lusk Design, P.O. Box 2004; Asper7; CO 81612
Conditional Use Review for an ADU and Residential Design Review
DESCRIPTION: Applicant would like to demolish an existing house and redevelop the site with a
duplex and an Accessory Dwelling Unit (ADU). The proposal would be subject to
review under the Residential Design Standards. The property in question has a
gross area iri excess of 17,000 square feet and is located on Riverside Drive. The
property is zoned R-15, Moderate Density Residential. In the R-15 Zone District, a
duplex maybe developed on a lot of 15,000 square feet that was subdivided as of
4/28/75; otherwise, the duplex must be developed with a minimum lot azea of
10,000 'square feet of lot area per dwelling unit (20,000 square feet needed for
duplex). The ADU or cash-in-lieu is required, for a GMQS Exemption, but the
applicant has the option of proposing one ADU of between 600 and 700 square feet,
or two ADUs of at least 300 square-feet each.
Land Use Code Section(s1
Chapter 26.60, Conditional Uses,
Section 26.40.090, Accessory Dwelling Units;
Section 26.100:050(A)(2)(c), GMQS Exemption for Duplex Dwelling Unit;
Section 26.28.050, Moderate-Density Residential (R-15); and,
Section 26.58.040, Residential Design Standards.
Also see:
Chapter 26.44, Park Development Impact Fee; and,
Chapter 26.52, Common Development Review Procedures.
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 26.52 will have to be followed.
Refenal Agencies: Engineering, Housing, Parks, Zoning, Fire Marshal, ACSI), Building, and Streets.
Planning Fees: Planning Flat Fee ($245)
Referral Agency Fees: Engineering, Minor ($110); and, Housing, Minor ($70).
Total Deposit: $425.
ut;i-ui-iydd ltiU 1U~bC HCl ~ hflX NU. ~ N. UC
ASPENIPITIQN °
COMMUNITY DEVELOPMENT DEPARTMENT
Qtreem~,nt for Ravment nsty of AtiCen Dev~nmant AnolicaPnn Re.•
CITY OF ASPEN thereinatTcr CITY) and ~~[_s(~z? 1, ~~~
(horeinaher APPLICANT) AGAHE :~S FOLLOWS:
as application
THE PROJEC17.
3. APPLICANT undersraads and agrees that Ciry of Aspen Ordiaanee No. ~r9 (Series of 1998)
establishes a fee structure for Land Use applica[ions and the payment of all processing fees is a condition precedent
to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project. it
is not possible at this rime to ascenaia the full extent of the costs involved in processing the application.
APPLICANT and CITY funher agree that it is in the interest of she panies that APPLICANT make payment of an
initial deposit and to ehereafkr permit additional Costs tD be billed to APPLICANT on a monthly basis.
APPLICANT agrcos additionaf4osts may accrue followin; dtclr hearings andlor approvals. APPLICANT agrees he
will be benefited by retaiuiag greatrr cash Iiqu'uliry and will make additional payments upon notification by the
CITY when [hey are necessary as cosu are incurred. CITY agrees it will be benefited through the ~teater certainty
of rccovetia; its fill costs to process APPLICANT'S application.
a. CITY and APPLICANT fur[h¢r agree that it is impracticable For CITY staff to complete
processin$ or present sufficient information to the Planning Commission andJor Ciry Council to enable the Plannin>
Commission andlor Ciry Council m make Legally required lltidittgs for pro}ect consideration. unless currem billin3s
are paid in full prior to decision,
5. Therefore, APPLICA~ 1'T agn;es that in consideration of the CII'Y's waiver of its right to collect
full fees prior to a determination of applicagon completeness, APPLICANT shall pay an Initial deposit in the
amount of 5 ~/~ which'ss for_,_._ hours of Community Developmem staff time, and if actual
recorded costs exceed the iai[ial depose, APPLICANT shall pay additional monthly billitt:s to C[TY 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 billipi date. APPLICANT funkier agrees that failure to pay such
accrued costs shall be grounds for sttspensIon of processing, and is no case will building permits be issued until ail
cosu associated with case proeessiny, have been paid.
CITY OF ASPEN
APPLICANT
By: fit/ $y: `'~-"_ `^-~ - - - --
i<Ana woods
ommuaityDevclopmeatDireetor Date: /~~ ~,9,y~
Mailing Address:
\,
ATTACH141ENT 2 '
MINIMUM SUBMISSION REQUIREMENTS
ALL DEVELOPMENT APPLICATIONS
1. Applicant's name, address aad telephone number, contained within a letter signed by the
appiicant stating the name, address, and telephone number of the representative authorized to act on
behalf of the applicant.
2. The street address and legal description of the parcel on Which development is proposed to occur.
3. A disclosure of ownership of the pazcel on which development is proposed to occur, consisting
of a current certificate from a title insurance company, or attorney licensed to practice in the State of
Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements,
contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the
Development Application.
4. An 8 1!2" x I 1"vicinity map locating the subject parcel within the City of Aspen.
5. A site improvement survey including topography and vegetation showing the current status 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.)
October 7, 1999
To Whom It May Concern:
I hear by authorize Stuart Lusk, of Lusk Design to act as representative before the
Planning & Zoning Commission of the City of Aspen. He will be representing Bass/Cahn
Properties regarding 1395 Riverside Drive, which is owned by Bass/Cahn Properties.
Stuart Lusk
Lusk Design
P.O. Box 2004
Aspen, CO 81612
970-920-1321
Thank you;
Hams A Cahn
Bass/Cahti Properties
WARRANTY DEED
THIS DEED, made this 24 day of MARCH
1997, between JILL ANN HACKIE
OF THE COUNTY OF '! tlA~ STATE OF ~ ~L
GRANTOR, AND
BASS CAHN PROPERTIES, LLP
GRANTEE
whose legal address is
P.O. BOX 5078 ASPEN, CO 81611
COUNTY OF PITKIN, STATE OF CO
WITNESSETH, .That for and in consideration of the sum of ten dollars
and other gooc and valuable consideration,. the receipt and sufficiency of
which is hereby acknowledged, the grantor has granted, bargained, sold and
conveyed, and by these presents does grant, bargain,. sell and convey and
confirm unto the grantee, his heirs and assigns forever, all the real
property together with improvements, if any, situate and lying and being in
the County of PITKIN, State of COLORADO, described as follows:
See Attached Exhibit "A"
TOGETHER with all and singular the hereditaments and appurtenances
thereto belonging, or in anywise appertaining, and the reversion and
L~1 reversions, remainders, rents, issues and profits thereof, and all the
estate, right, title, interest, claim and demand whatsoever of the grantor
either in law or equity, of, in and to the above bargained premises, with
the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,
with the appurtenances, unto the grantee, his heirs and assigns forever.
"~ And the Grantor, for himself, his heirs and assigns, does covenant, grant,
V bargain, and agree to and with the Grantee, his heirs and assigns, that at
the time of the ensealing delivery of the presents, he is well seized of
the premises above conveyed, has good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and has good
right, full power and lawful authority to grant, bargain, sell and convey
the same in manner and form as aforesaid, and that the same are free
and clear from all former and other grants, bargains, sales, liens, taxes,
assessments, encumbrances and restrictions cf whatever kind or nature
soever, except those matters as set forth o: Exhibit "B" attached hereto
and incorporated herein by reference.
The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained
premises in the quiet and peaceable possession of the grantee, his heirs
and assigns, against all and every person~or persons lawfully claiming the
whole or any part thereof. The singular number shall include the plural,
the plural the singular, and theuse of ger_der shal]. be applicable to all
Bend s. ~ /
~~' y A I
JILL ANN HACKIE ~-
EXHIBIT A
PARCEL I:
That part of Lot 25, RIVERSIDE SUBDIVISION,
Plat thereof, filed in Ditch Sook 2A at Page
Records, described as follows:
Beginning at a point from whence the
bears S 00°53' E 89.28 feet;
thence N 00°53' W 141.99 feet;
thence N 50°00' E 111.32 feet, more
way line of State Highway 82, thence
21°30' E 121.94 feet;
thence S 51°56' W 162.30 feet, more
PARCEL II:
according to the Revised
..255 of the Pitkin County
Southwest Corner of said Lot 25
or less, to the Westerly right-of-
along said right-of-way line, S
or less, to the point of beginning.
That part of Lot 25; Block 1, RIVERSIDE SUBDIVISION, according to the
Plat thereof recorded in Ditch 2A at Page 179 and Revised Plat thereof
recorded in Ditch 2A at Page 255 which lies Northerly of the following
line:
Beginning at a point on the West line of said Lot 25 from whence the
Southwest Corner of Lot 25 bears S 00°53' E a distance of 231.27 feet
thence N 50°00' E 111.32 feet mo or less to the Westerly right-of-way
line of State Highway 82.
County of Pitkin
State of Colorado
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Attachment 8
County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT
} ss. TO ASPEN LAND USE REGULATIONS
State of Colorado } SECTION 26.52.060(E)
I ~/~ ~ ~ ~~"- ,being or representing an
,, -
Applicant to the City of Aspen, personally certify that I have complied with the public notice
requirements pursuant to Section 26.52.060(E) of the Aspen Municipal Code in the following
manner:
l . By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S.
Mail to all owners of property within three hundred (300) feet of the subject property, as indicated
on the attached list, on the, day of ~~~~>>~-, ~~: , 199.E (which is ~/ days prior to the public
hearing date of /'~ - ° ~' '`" )•
2. By posting a sign in a conspicuous place on the subject property (as it could be seen from
'' " da
the nearest public way) and that the said sign was posted acid visible continuously from them- y
of />''-.~.~r~-.E .>~_, 199~~'; to the < r•Aday of .-~- _ ~'• -` , 199 ~ (Must be posted for at least
ten (] 0) full days before the hearing date). A photograph of the posted sign is attached hereto.
. ; , , ~~'
,~%~_
$ignatur
Signed before me this, >~-day of ,/~~~'~~~'~
199. by
~~~~/~ 1 ~~/, .~ -~~ / ~
WITNESS MY HAND AND OFFICIAL SEAL
My Commission expires: C'~ ~~' D~
~`
j ;-..~C
Notary Public p~ 0:;? ~~, z,~~ ~a"`~
.~
FirstName LastName Company Addressl Address2 City State Postal
Code
William C. Mason C/O Gerta P.O. Box 406 Aspen CO 81612
Walls
Susan Lussan 640 Fred Lane Aspen CO 81611
Stanton & Weissenbom 1335 Riverside Aspen CO 81611
Darcy Drive
David & Denholm 500 Newport #520 NewpoR CA 92660
Nicole Center Drive Beach
Douglas Skanse Douglas 6651 Auto Bloomin MN 55438
Skanse Club Road gton
Revocable
Tmsts
Dan Soffer 2875 NE 191 Suite 400 North FL 33180
St. Miami
Kenneth & Kazl 11855 SW Miami FL 33156-
M~dy 60th Ave 4903
Barbara Bennett 120 S. Cherry Denver CO 80222
Street
Thomas & Kurt 3645 Stratford Dallas TX 75205
Carol Avenue
Lizabeth Duson 9030 Dallas TX 75243
Kert Greenville
Avenue
Helen Amm Kalin P.O. Box 1558 Aspen CO 81612
Klandemd
Terry Goodrich 2249 N Chicago IL 60616
Burling
S. Mazc & Thee 720 West Winter FL 32789
Abbot Morse Blvd Park
Michael J.
Mazgaret Mason P.O. Box 4044 Aspen CO 81612
Paul Hayes P.O. Box 4107 Laguna CA 92651
Beach
Huber[ & Burgess 7138 Dallas TX 75240-
JoAnne Meadowcreek 2715
Dr
Larry & Fredrick 52 Aspen CO 81611
Janet McSkimming
Rd
Umberto & Villasant 4611 Cedaz Baltimor MD 21229
Mazguerite Gazden Road e
Teny & Swanton P.O. Box 1403 Aspen CO 81612
Molly
Aspen Club Chuck Friar 730 E Durant Aspen CO 81611
Group Company Ave
FirstName LastName Company Addressl Address2 City State Postal
Code
William C. Mason C/O Gerta P.O. Box 406 Aspen CO 81612
Walls
Susan Curran 640 Fred Lane Aspen CO 81611
Stanton & Weissenbom 1335 Riverside Aspen CO 81611
Dazcy Drive
David & Denholm 500 Newport #520 Newport CA 92660
Nicole Center Drive Beach
Douglas Skanse Douglas 6651 Auto Bloomin MN 55438
Skaase Club Road gton
Revocable
Tmsts
Don Soffer 2875 NE 191 Suite 400 North FL 33180
St. Miami
Kenneth & Kazl 11855 SW Miami FL 33156-
Mindy 60th Ave 4903
Baifiara Bennett 120 S. Cheery Denver CO 80222
Street
Thomas & Kurt 3645 Stratford Dallas TX 75205
Cazol Avenue
Lizabeth Duson 9030 Dallas TX 75243
Kerr Greenville
Avenue
Helen Ann Kahn P.O.Box 1558 Aspen CO 81612
Klandemd
Terry Goodrich 2249 N Chicago IL 60616
Burling
S. Marc & Thee 720 Wes[ Winter FL 32789
Abbot Morse Blvd Park
Michael J.
Mazgaret Mason P.O. Box 4044 Aspen CO 81612
Paul Hayes P.O.Box 4107 Laguna CA 92651
Beach
Hubert & Burgess 7138 Dallas TX 75240-
JoAnne Meadowcreek 2715
Dr
Larry & Fredrick 52 Aspen CO 81611
Janet McSkimming
Rd
Umberto & Villasant 4611 Cedaz Baltimor MD 21229
Mazguerite Garden Road e
Terry & Swanton P.O. Box 1403 Aspen CO 81612
Molly
Aspen Club Chuck Friar 730 E Durant Aspen CO 81611
Group Company Ave
STAFF: ~~~, L,~Z_p,.c.jL,
WITNESSES: (1) ~~{,A.~(tT' 1-.U 5"K_ ~6~ ~~~ 1~C~A~~up
(3)-~~ w~-Gosh ~b~;~ ~g'J C~`,`~- ~~
EXHIBITS: 1 Staff Report (/~(Check If Applicable)
2 Affidavit of Notice (Check If Applicable)
3 Board Criteria Sheet (Check If Applicable)
s _
MOTION~/{_v` -",4 ~Jl~ ~~~s~Sl -~kDDIRJC~- ~A~
~Ayvyt~-1or~lt 611. sr~~.ln~~l.. ~ ~0+~.2^a' D
VOTE: YES ~ NO~
a ~J ~ ~~
JASMINE TYGRE k
ROBERT BLAICH YES _ NO V ~ ~C.+ x~
~ NO~
YES
ROGER HUNT YES _ NO _
TIMOTHY MOONEY
l
ROGER HANEMAN YES _ NO~ STEVEN BUETTOW YES
-
RON ERICKSON YES NO V YES _ NO
PZVOTE