HomeMy WebLinkAboutcoa.lu.cu.518 W Smuggler Rd.A090-99
CASE NUMBER A090-99
PARCEL ID # 2735-124-10002
CASE NAME 518 W. Smuggler
PROJECT ADDRESS 518 W. Smuggler
PLANNER Nick Lelack
. CASE TYPE Conditional Use ADU
OWNER/APPLICANT Ralph Whipple
REPRESENTATIVE same
DATE OF FINAL ACTION 11/30/99
CITY COUNCIL ACTION
PZ ACTION Reso. 39-99
ADMIN ACTION Approved
BOA ACTION
DATE CLOSED 2/8/00
BY J. Lindt
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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: 518 West Smuggler Road of the City and Townsite of
Aspen, by approval' of the Aspen Planning and Zoning Commission pursuant to
resolution 39, series of 1999. For further infonnation contact Julie Ann Woods, at the
AspenlPitkin Community Development Dept., 130 S. Galena St, Aspen, Colorado (970)
920-5090.
s/Kathryn S, Koch, City Clerk, City of Aspen
Publish in The Aspen Times on December 10,1999.
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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
26.308,010.
This Development Order is associated with the property noted below for the
site specific development plan as described below.
Ralph Whipple, 855 Gibson Ave. Aspen, CO 81611, 925-5054
Property Owner's Name, Mailing Address and telephone number
518 W. Smuggler, Aspen, CO 81611
Legal Description and Street Address of Subject Property
Accessory Dwelling Unit Approval
Written Description of the Site Specific Plan andlor Attachment Describing Plan
Planning and Zoning Resolution 99-39, 11/30/99
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
December 10, 1999
Effective Date of Development Order (Same as date of publication of notice of approval.)
December 11, 2002
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code,)
Issued this lOth day of December, 1999, by the City of Aspen Community
Development Director. '
Julie Ann Woods, Community Development Director
Q,Planning,Aspen.fonns.DevOrder
31.1:),
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director.....JAO
FROM: Nick Lelack, Planner
RE: Whipple Conditional Use ADU, 518 West Smuggler - Public Hearing
DATE: November 30, 1999
REPRESENTATIVE:
Ralph W. Whipple
ApPLICANT:
Ralph W, Whipple
LOCATION:
518 West Smuggler Street
ZONING:
R-6, Medium-Density Residential
CURRENT LAND USE:
Duplex
PROPOSED LAND USE:
Two (2) single family residences
with two (2) attached ADUs with
346 square feet of net livable area
each,
Location of the two (2) proposed ADUs and single
family residence garages, Photograph taken from alley
behind 518 West Smuggler.
SUMMARY:
This request is for Conditional Use approval for two (2)
attached Accessory Dwelling Units (ADU), The ADUs
FAR: will provide for exemptions from GMQS, The applicant
Allowable: 8,160 sq. ft. . s proposing to demolish a duplex and replace it with
Proposed: 7,080 sq. ft. r:;A 0 (2) single family residences and two (2) ADUs,
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LOT SIZE:
9,021 sq, ft,
STAFF COMMENTS:
Ralph Whipple has applied for Conditional Use approval for two (2) attached
Accessory Dwelling Units (ADU). The ADUs wilJ provide for an exemption from
GMQS for the new residences.
The ADDs include approximately 346 square feet of net livable space each, The
plans are for efficiencylstudio style units with a combined bedroomllivinglkitchen
area, and one bath with a walk-in closet. The proposed ADUs will be located below
grade under garages at the rear of the property, The ADDs wilJ be accessed from the
alley, where designated parking spaces wilJ be located.
At staff's request, the applicant has relocated the proposed stairwelJs down to the
units to the yard side of each unit. As originally proposed, the ADDs were accessed
by stairwelJs at the center of the buildings limiting light and privacy. Staffis very
appreciative of this relocation because it will provide additional light into the ADDs,
direct access from the ADD parking spaces to the stairwelJs, and allow each tenant to
look into their covered entrance from the yard before stepping down the stairs - an
important safety feature because the units are accessed from the alley,
The ADDs meet alJ development standards and have been reviewed and
recommended for approval by the appropriate referral agencies,
Staff is recommending approval of the ADUs with conditions.
REVIEW PROCEDURE:
Conditional Use for ADU The Commission shalJ approve, approve with conditions,
or deny the application at a public hearing.
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission approve the Whipple
Accessory Dwelling Units located at 518 West Smuggler Street with the following
conditions:
1) 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 alJ easements of
record indicated on the property title commitment.
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 ADD deed restriction on the property for each ADD, a
form 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 which maintains sediment and debris on-
site during and after construction. If a ground recharge system is required, a soil
percolation report will be required to correctly 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 ofthis 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 may be conveyed to existing 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) meet with the Aspen Consolidated Sanitation District to determine what fees will
be applied, and complete a tap permit with the Aspen Consolidated Sanitation
District. The applicant shall connect the ADUs to the sanitary sewer in a manner
acceptable to the ACSD superintendent.
2, The building permit plans shall reflect/indicate:
a) Conformance with all aspects of the City's Residential Design Standards.
b) The proposed ADUs are labeled as such and meet the definition of an Accessory
Dwelling Unit.
c) The ADUs will contain kitchens (having a minimum of a two-burner stove with
oven, standard sink, and a 6-cubic foot refrigerator plus freezer) and a bathroom
(having a minimum of a shower, sink, and a toilet),
d) Each ADU has the minimum one (I) off-street parking space provided, The City
Code minimum is SY:!xIS'. The building permit plans shall indicate the
designated ADU parking space with a rectangle crossed with dashed diagonals,
The ADU spaces must have clear and direct access from the driveway and cannot
be stacked with a space for the primary residence,
e) The ADUs meet all applicable UBC requirements for light and air.
f) An overhang shall cover each ADU entrance designed to prevent snow and ice
from falling on, or building-up on, the entrance to each 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) A fire suppression system if the gross square footage of the structure including the
ADUs exceeds 5,000 square feet.
3, The applicant should provide separate utility taps and meters for each residential unit.
4, All utility meters and any new utility pedestals or transformers must be installed on
the applicant's property and not in any public right-of-way. 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.
S, 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.
6, 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. '
7. 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.
g, 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.
9, 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 otherwise amended by other conditions,
RECOMMENDED MOTION:
"I move to approve the Whipple Accessory Dwelling Units located at SIB West
Smuggler Street with the conditions outlined in the Community Development
Department memo dated November 30,1999,"
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Referral Agency Comments
Exhibit C -- Vicinity Map
Exhibit D -- Development Application
Exhibit E -- Site Photographs
Exhibit A
518 West Smuggler, 2 ADUs
REVIEW CRITERIA & STAFF FINDINGS
Section 26.425.040, Standards Applicable to all Conditional Uses
(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.
Staff Finding:
Deed restricted Accessory Dwelling Units are 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-6 Zone District.
(B) The conditional use is consistent and compatible with the character
of the immediate vicinity of the parcel proposed for development
and surrounding land uses, or enhances the mixture of
complimentary uses and activities in the immediate vicinity of the
parcel proposed for development.
Staff Finding:
The West End neighborhood consists of a mixture of duplex units and single family
homes; there are also existing ADUs in the area, Separating the duplexes into two (2)
single family residences with attached ADUs produces two (2) smaller structures rather
than one large building with four (4) attached housing units; this separation enhances the
neighborhood character.
(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,
parking, trash, service delivery, noise, vibrations and odor on
surrounding properties,
Staff Finding:
The location, size, and design of the ADUs will be visually compatible with the primary
residence on the property and in the immediate vicinity. The only visible portion of the
ADUs will be the stairwells, and the stairwells are only visible from the alley, Parking
spaces for the ADUs are located off the alley behind the units, The units are not expected
to impact pedestrian and vehicular circulation, and the operating characteristics will be
similar to those of the primary residences, The alley location allows for trash service,
delivery service, etc, No noise, vibrations, or odor related impacts are anticipated,
The proposed ADUs will be located below grade under garages at the rear of the
property, The units contains approximately 346 square feet of net livable space in a
studio/efficiency layout. There will be a bedroom/living area, kitchen, plus a combined
bathroom/walk-in closet.
(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. This provision is a proposed condition of approval and required by the
Uniform Building Code,
Section 26.520.020, Accessory Dwelling Units
A. General Provisions
I) 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 (I)
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 ADDs are approximately 346 square feet of net livable area, 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-6 Zone
District. A zoning check is required through the building permit review process,
3) A detached accessory dwelling unit shall only be permitted on parcels that
have secondaryandlor 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 ADD is attached.
4) An attached accessory dwelling unit shall utilize alley access to the extent
practical,
Staff Finding:
The proposed ADDs will be accessed from the West Smuggler Street alley, and
designated parking spaces for the units will be located next to the driveways for the
single family homes off of the alley, This standard is met.
A. Development Review Standards.
I) 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.
Staff Finding:
The ADDs are subordinate in character to the primary residences and, are in fact, located
beneath the garages at the rear ofthe property. Hence, the units are hardly visible,
Although the duplex will be replaced by two (2) single family homes and two (2) ADDs,
which doubles the density on property in terms of the number of housing units, the ADDs
are 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 ofthree 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 (113) 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,
Staff Finding:
Refer to Review Criteria and Staff Findings 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. These are not bandit units,
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. F ARfor 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 AspenlPitkin 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
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 ADUs do not qualify for a Floor Area exemption.
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\2.ef'e-wc,vl ~COMM~
MEMORANDUM
To:
Nick Lelack, Planner
Thru:
Nick Adeh, City Engin~
Chuck Roth, Project Engineer e.:-f.-
From:
Date:
October 29,1999
Re:
518 West Smuggler - Conditional Use for an Accessory Dwelling Unit
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 carned fOIWard 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. Site Draina2e - The existing City storm drainage infrastructure system does not have additional
capacity to convey increased storm runoff. The site development approvals must include the
requirement of meeting runoff design standards of the Land Use Code at Sec. 26,88,040.C,4.f and a
requirement that, prior to the building permit application, a drainage mitigation plan (24"x36" size
plan sheet or on the lot grading plan) and a report signed and stamped by an engineer registered in
the State of Colorado, must meet the requirements of the Engineering Department Interim Design
Standards and must be submitted for review and approval by the Engineering Department. The
mitigation plan must' also address the temporary sediment control and containment plan for the
construction phase. If drywells are an acceptable solution for site drainage, a soils report must be
provided with percolation test to verify the feasibility of this type system, The drainage plan must
contain a statement specifying the routine maintenance required by property owner( s) to ensure
continued and proper performance. Drywells may not be placed within utility easements. The
foundation drainage system should be separate from storm drainage, must be detained and routed
on site, and must be shown on drainage plans prior to building permit drawings. The drainage may
be conveyed' to existing landscaped areas if the drainage report demonstrates that the percolation
rate and the detention volume meet the design storm. Drainage from the driveway is of special
concem, '
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2. 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, The applicant needs to sign a
sidewalk, curb and gutter construction agreement, and pay recording fees, prior to issuance of a
building permit.
3. Parking - The development plans need to show two on site parking spaces per unit and one per
ADD. The City Code minimum is 8Yz'xI8'. Parking spaces are typically indicated with a rectangle
crossed with dashed diagonals,
4. Fire Marshal - If the area of the structure exceeds 5,000 square feet, sprinklers must be
installed, The plans will be reviewed at the time of submission for building pennit.
5. Trash & Utilities - All utility meters and any new utility pedestals or transformers must be
installed on the applicant's property and not in the public right-of-way, Existing pedestals in alley
right-of-way adjacent to property need to be relocated onto private property, For pedestals and
transformers, easements must be provided. Meter locations must be accessible for reading and
may not be obstructed by trash storage.
If the duplexes will be condominiumized, separate utility services and meters should be
provided.
6, Aspen Consolidated Sanitation District (ACSD) - The applicant needs to meet with ACSD to
detennine what fees will be required,
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 pennits for any work or development, including
landscaping, within public rights-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
99M158
Housing Office
City of Aspen/Pitkin County
530 East Main Street, L~er Lellel
Aspen, Colorado 81611
. (970) 9.20-5050
Fax: (970) 920-5580
MEMORANDUM
"
Nick Lelaok, ~munlty Developm!'"t Oepl.
. Stefanie A. \AVMque, HO~lsing Offlee '
November 2. 1999
Ralph Whipple Condlt/olial U.. for an Abu - 518 West Smuggler
ParcellD No.
TO:
""OM:
DATE:
,R.:
,,~eQliEst: The applleent is requesting approvill tor an accessory dwelling unit to be loceted b.low grade.
BACKGROUND: Aocording to Section 26.520, Acceuo,y Dwelling Unite, e unit shall oontaln not less
than $00 squar,feet of net livable area and not more thlln 700 square feet of net livable area.
!SsuSs: When the Housing Office revlaws plans tor an llOCIlSsory dwalllng unit, there are parllcular are.s
, that are gIVen special attention. They are as follOWS:, .' > .
, 1. The unll mu~t be a totally privet. un~. which meant the unit must have s prlVllte enll'snce and there
'shall be no other ~ in this unit that need to' be utilized ,by the individuals In the pr'lncipal
residence; i.e., a mechenleel room tor the prinCipal residence. .
2. The'kllohen Includes II minimum of a two-burner stove with oven. etand8l'd sink, end II 8-cublc foot
',re(rJgel'!ltor plus freezer, . .
;I. The unit is required to have II certain percentage of natural light Into the unit; i.e., windows. sliding
gtes8 door, window wells, ele" especially If the unllls located below grade. The Unltorm Building
Code requires that 10% of the ~oor area of a unll needs to have natul'!llli;ht. N.urelliaht is defif.led
as light Whibh is olear and oPen to the sky:
4. A deed restriction MUST be recorded PRIOR to buDding permR approval. The deed rlstrict10n shall
. be obtained tram the Housing Office. '
5.
6.
The Iotalllocr area of thl prlnclpal and iCl:eSiOry dWelling unn shall not exceed the allowable FAR of
the applicable zone district. According to the section of the code 26.515.020 A.6 the AOU shall be
dead restrfcted, r.gistered wtth the APCHA, and rented to en eligible working resident of Pitkin
County. The Owner Ihall,retain the right to select the renter for the unll.
." .
RECOMMI!iNDATlON: Mer reviewing the application, the Housing Office recommends approvel on the
,condition that IS$ues,l-l5 above are met.prlor to bUilding permit approvel. Prior 'to C.O, the Housing OffIce
requires I eite,lour 10 Inspect the unit.
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JjO ~NIsnOH N3dS~ W~62:0, 66, 20 AON
Aspen ConsohdatedSanitatio11. District
Sy j'(elly * Chairman
Paul Smith * Treas
Michael Kelly * Secy
,
October 19, 1999
John Keleher
Frank Loushin
Bruce Matherly, Mgr
Nick Lel(lck
Community Development
130 S, Galena
Aspen, CO 81611
Re: 518W. Smuggler
Dear Nick:
The existing residential unit at 518 W, Smuggler is currently served by our District. We currently
have sufficient collection and tr~tment capacity to serve the proposed redevelopment of the
property, Service is contingent upon compliance with the District rules, regulations, and
specifications which are on file at the District office,
Each main residential unit.will require a separate service line, The old service line will need tobe
abandoned in accordance with our line superintendent's approval The applicant's contractor
s40uld be encouraged to contact our office for more infonnation. Once detailed plans are
available for each unit, a tap permit can be completed, and the additional fees can be calculated,
We would request that a tap permit for each unit be completed priorto the issuance of building
permits.
Please call if you have any questions.
Sincerely,
'~~/'\A~~
Bruce Matherly
District Manager
565 N, Mill St.,Aspe~i CO 81611 / (970)925-3601/ FAX (970) 925-2537
CITY OF ASPEN
PARKS DEPARTMENT
AU trees to remain on site shaU be fuUy protected with a structural fence (before
construction begins) placed outside the dripline, Site will be inspected before any
construction begins, No excavation or storage of materials or backfiU will be aUowed
within this barrier, Trees shaU be provided adequate moisture (irrigation) during periods
of construction,
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INDEX
LAND USE APPLICATION FORM
COMMITMENT FOR TITLE INS. (OWNERSHIP)
REPRESENTATIVE AUTHORIZATION
AGREEMENT FOR PAYMENT
CONDITIONAL USE DESCRIPTION OF ADU
AREA MAP LOCATING PROPERTY
EXISTING SURVEY
. PROPOSED SITE PLAN (ADU ACCESS)
ELEVATION WEST ADU ENTRY
PROPOSED WEST ADU FLOOR PLAN Y. = 1
ELEVATION EAST ADU ENTRY
PROPOSED EAST ADU FLOOR PLAN Y. = 1
LAND USE ApPLICATION
PROJECT:
'E"'l<'l....l !~l\ :D
De;J~MVJISf'
A-PfI.,l \A1rl MJ
Name:
Location:
ApPLICANT:
Name:
Address: Cb
Phone #: 9.;;1
REPRESENTATIVE:
Name:
Address:
Phone #:
TYPE OF ApPLICATION: (please check all that apply):
Conditional Use lJ 0 Conceptual PUD
o Special Review 0 Final PUD (& PUD Amendment)
o Design Review Appeal 0 Conceptual SPA
o GMQS Allotment 0 Final SPA (& SPA Amendment)
o GMQS Exemption 0 Subdivision
o ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes
Margin, Hallam Lake Bluff, condominiumization)
Mountain View Plane
o Lot Split
o Lot Line Adjustment
o Temporary Use
o TextlMap Amendment
o Conceptual Historic Devt,
o Final Historic Development
o Minor Historic Devt,
o Historic Demolition
o Historic Designation
o Small Lodge Conversion!
Expansion
o Other:
~/~~,;...
/
cP- s.,1,"';t d",,"p.?~ . ,-,/7 .9~ s:+. /if
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc,)
I
- ;p~
7877"'"
PROPOSAL: (description of proposed buildings, uses, modifications, etc,)
I .7;:'<0 S/J~/p, I':.m,v> r/y,~,-7u'< u~/;;;'r>, rt:x'J r7H.".f'. /'P.oL4s
Have you attached the following?
~ Pre-Application Conference Summary
B Attachment #1, Signed Fee Agreement
'1sJ Response to Attachment #2, Dimensional Requirements Form
o Response to Attachment #3, Minimum Submission Contents
o Response to Attachment #4, Specific Submission Contents
o Response to Attachment #5, Review Standards for Your Application
FEES DUE: $
,....
OCT-06-1B99 WED 11:41 AM
r AX NU.
f, UJ
,
CITY OF ASPEN
PRE~PUCA~ONCONFERENCESUMMARY
-
~ ---.
PLANNER;
PROJECT:
REPRESENTATIVE:
OWNeR:
TYPE OF APPUCATION:
DESCRIPTION:
Sarah Oates, 920-5441; James Lindt 920-5104
~''a
~ W. SmullllIcc ADU
Stewart Lusk
Ralph Whipple
One Step
Conditional Use for an ADU
DATE: 10/06199
Land Use Code Selrtlon($)
26.470. Growth Manag!llllent; 26.520 Acc:nlory ewelUng Units
Review by:
Public He-.u-ing:
Referral Agencies:
Planning Fees:
Referral Agency Fees:
Tol'.d DeposIt:
P&Z
Yes
Housing
Flat Fee ($:Z55)
5160
$415
To apply, submit the following information:
I. Proof of ownership
2. Signed fee agreemeut
3. Applicant" s /llllIIe, address and telephone number in a lelter signed by thlf applicant which states the name.
address and telephone IlIImber onbe representative lIIIlbori7..ed to act on bebalf of \he applicant.
4> Slrcct a4dress mid legal description of the parcel on which development is proposed to occur, consisting of a
e\llTC11t certificate from a title insuranClf company, or attorney liCllllSed to practice In the State of Colorado, listing
lhe names of all owners of the property, and all mOl'lgaglfs, judgments, liens, casements, COntnlcts and agreements
affecting the ]lIlll:el, and demonstrating the owncc's right to apply for \he Development Application.
5. Total deposit for review of the application
6. 10 Copies ofthlf complete application pncPt and maps.
HPC Q 12; PZ" 10. GMC.. PZ+5; CC -7; Referral Agencies - lIlla.; Planning Staff- 1
1. Au 8 112~ by 11" vicinity map Iocatingtbe parcel within the City of Aspen,
8. Silc map sbowing placelllQllt of improvlllllellt
9. Additional matlfrials as required by the sJllfciflC review. Please refer to the application packet for specific
submittal requil'lllllents or to the code ~0lIS noted above.
10. A written descriPtion ofthc proposal and an explanation in writlen. grapbic. or model form of how the proposed
development complies with tho review standards relevant to the development application. Please include existing
conditions as well as proposed,
Disdailller:
The foreGoing slImmary is advisory in nature Olliy lIIId is not binding on the City. The SlIlDmary il based on current ZOnillll. which is
sllbject to cbuge in the future, and IIpoIl filctualrepreM1laliollS lhat may or may not be llllCIItllto. The summary does not create a
le1;a1 or vested ri&hl.
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ASPEN/PITKIN
COMMl1N1TY DEVELOPMENT DEPARTMENT
A2rl!I!lment for Pllvment 9(CI-ty Dr Alpen Development Annlit'!Jdinn F~p
/""J
CITY OF ASPEN lhereinafter CITY) cnd .1-"""</,,.I ,.{/ pI,..(t1n/7L C M1';k
(hcreinatter APPLICANT) AGReE ..\S FOLLOWS;
I. APP~'lT has $ubmiued to CITY CIIapplication for s.;,
"""-.-?..-7dn<-::_ 4"""'.. A?/>u (? S/?, /:./~ /hp/'-~
thereinaner. THE PROJECT).
~E>('~
2, APPLICANT undermnds and agrees that City of Aspen Ordinance No, 49 (Series of 1998)
establishes a fee Sll'UClure for Land Use applications lIlld the payment of aU processing fees is . condition ~cedenl
to a determination oiapplication completeness.
3. APPLICANT iIlld CiTY agree that because of the size, nature or scop. of the proposed project. it
is not possible at this rime to =eruin the full extent of the costs involved in processing the application,
APPLICANT and CITY timher agm: !hill il is in the intClllSI of the parties that APPLICANT make pa)'lllem of an
initial deposit ancl to lh're~fter permit additional COSlS to be billed to APPl.ICAlvr on a monthly basi$,
APPLICANT agrees additional com may acenle followin; their hearings and/or approvals. APPLlCANT agrees he
will be b.:nefited by retaining greater QSh liquidity and will make ildditiornU payments upon notification by lhe
CITY when they are necessary lIS COSlS QI'e incUlTed. CITY agrm It will be benetited through tho llreater certainty
of recovering its full COSl$tO process APPLICANT'S applic;tion.
4, CITY and APPLICANT further auee lhat It is lmprnctieable for CITY staff ro complete
proecssin: or present sufficient Infol'll1ation to thel'lanning Commission andlor Cil)' Councll to enable the Planning
Commission and/or City Coullellto mlIke legally required tlnclln;s for project consideration. lIllie55 cumnt billings
;u-e paid in full prior to decision.
S. Therefore, APPLICANT agrees lhalln COnsideration of the CiTY's waiver of ils right Ie collect
full fees prior to a detennmatlon of appliclllion complcieness. APPLICANT shall pay 1UI initial deposit in the
amount of S 'l/5"" whichls for _ hours of Community Development staff time, and if actual
recorded costs e:cceed the initial deposit, APPLICANT shall pay additional monthly billinp to CITY to reimburse
the CITY for the processing of lbe application mentioned above, Including pOSt approval review, Such periodic
p.~yments slull! be made wilhln 30 clays of die billinll clare, APPLICANT furrher agrees tbat rallure to pay such
accrued cosrs shall be grounds for suspension ofprocessillg. and in no case will bulldini pemlilS be issued unrilall
costS associated with ClISO Processinll have been paid.
By:
Ie .UD Woods
omllJunity Development Director
APPLICANT
,",~4'd~
u.;:; /~/'5/~y .
Malling Address:
CITY OF ASPEN
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AITACHMENT 3
SPECIFIC SUBMISSION REQUIREMENTS
CONDmONAL USE REVIEW
I, 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 structure.
./
For Accessory Dwelling Unit applications, please also include:
1. 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 stora,g~,.llfeas,clos.,;ts andJaundry 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 livable square feet.
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ATTACHMENT 4
REVIEW STANDARDS: CONDmONAL 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 wiJh 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, parking,
trash, service delivery, noise, vibrations and odor on surrounding properties; and
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; 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's at 518 W. Smuggler Street is consistent
with the Aspen area comprehensive plan, The location (R-6) of the ADU's fits into the
West End core of existing ADU's, Duplexes and Single Family mix of homes, The West
End is a good location for an ADU opportunity,
B, The location of proposed ADU's is consistent and compatible with the character
of the West End subdivision. The sub-divisions character already includes a mixture of
new and old structures; most ADU's, Duplexes and Single family homes are on lots of
6,000 to 9,000 square feet. The alley is a natural way to privately access these units,
C. The location, size and design of the proposed ADU's is quite appropriate for the
"grid" type neighborhood; proposed units are located under a detached secondary mass
linked by a subordinate connecting element. Access is typical of most West End
residences, which makes use of a rear alley, From the Smuggler streetscape there is no
negative impact, The light wells are located in accordance with Ordinance 30, The
southern and western orientation of said wells preserves solar access into proposed units.
Glazing requirements are well above the UBC's minimum 10% standard.
Overall there is virtually no visual impacts from the W, Smuggler streetscape,
Parking and vehicular circulation is accessed off ofW, Smuggler's ally,
The alley location allows for trash service, delivery service, etc,
Noises, vibrations, and odors should be oflittle impact as the ADU's are located
at a lower grade toward the rear of the property,
D. Being located within the Aspen City limits; there are obvious advantages as to
water, sewer, waste and drainage, etc. Emergency, police, and fire vehicles can easily
access this West End core location,
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 standards 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,
EXHIBIT E
.~'\:";,:,1ffi."
Location of East single family home garage and ADD. The proposed accesses to both units
will be located approximately where the truck is parked - the center of the property,
MEMORANDUM
TO:
Plans were routed to those departments checked-off below:
o ....,...... City Engineer
o ......,.... Zoning Officer
0........... Housing Director
o ........... Parks Department
o ........... Aspen Fire Marshal
o .........., City Water
0.........., Aspen Consolidated Sanitation District
o ........,.. Building Department
o .........., Environmental Health
o ........... Electric Department
o ........;.. Holy Cross Electric
o ........... City Attorney
o ........... Streets Department
o .........., Historic Preservation Officer
0.........., Pitkin County Planning
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FROM:
RE:
Nick Lelack, Planner
Community Development Department
130 So, Galena St.; Aspen, CO 81611
Phone-920.5095 Fax-920.5439
518 W. Smuggler - Conditional Use ADU ~ a
o~
~ ---~
October 12, 1999 '3. ~ (
_0 "-J
REFERRAL SCHEDULE ~
~
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~
~
DATE:
DRC MEETING DATE:( 1:30-3:00 Sister Cities Mtg. Room)
OTHER REFERRALS DUE TO PLANNER:
ENGINEERING REFERRAL DUE TO PLANNER:
Oct. 20, 1999
Oct. 29, 1999
Oct. 29, 1999
Thank you,
Nick
ATrACHMENT2
MINIMUM SUBMISSION REQUIREMENTS
ALL DEVELOPMENT APPLICATIONS
1. Applicant's name, address and telephone number, contained within a letter signed by the
applicant stating the name, address, and telephone number of the representative authorized to act on
behalf of the applicant.
2, The street address and legal description of the parcel on which development is proposed to occur.
3, A disclosure of ownership of the parcel on which development is proposed to occur, consisting
of a current certificate from a title insurance company, or attorney licensed to practice in the State of
Colorado, listing the names of all owners of the property; and all mortgages, judgments, liens, easements,
contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the
Development Application.
4, An 8 112" x 11" 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
detenn ined not to warrant a survey document.)
RESPONSE TO ATTACHMENT 2
1. Ralph U. & Lynne C, Whipple
855 Gibson Avenue
Aspen, CO 81611
2, 518 West Smuggler Street
3, See attached Title Report
4, Attached
5, Attached
~8
Commitment for Title Insurance
Fidelity Notiotwl 7itle Insurance Company
A Stock CompIlIlY
COMMITMENT FOR TITlE INSURANCE
FIDELITY NA TlONAL TITLE INSURANCE COMPANY, a Corporation, herein called the Company, for valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor
of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in
the land described or referred to in Schedule A, upon payment of the premiums and charges therefore; all subject
to the provisions of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the
policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of
the issuance of this Commitment or by subsequent endorsement,
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy
or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or
policies is not the fault of the Company, This Commitment shall not be valid or binding until countersigned by an
authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid
when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws, This
Commitment is effective as of the date shown in Schedule A as "Effective Date,"
Pitkin Co\lllty Title, Inc.
601 E, Hopkins, 3:d Floor
Aspen, Colorado Sl6U
970-925-1766/970--925-6527 fax
FldelltyNstlona,ntlelnsuranceCompeny
Authorized Sign
BY /ik~!ff (
President
ATTEST
~'-EX~~~=K~ "-
(~
Countersigned
FORM 27-83-66 (9194)
AL TA COMMITMENT ~ 1966
Valid Only if Schedule A and B are Attached
lbe cond_.f this com_ol require ....11he premium ond c:hups be...... prior 10 the __ of lhe title poIIcy(.). Therelore, no poIIcy(.) will be Issued
..... . _._.Lu._".~_____"""""",,"-oI__
~
<
'NI
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: 01/04/99
at
08:30 A.M.
Case No. PCT13840
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy-Form 1992
Amount$ 1,000,000.00
premiumS 1,172.00
Rate:SUB-DIVIDER
Proposed Insured:
RALPH U_ WHIPPLE and LYNNE C. WHIPPLE
(b) ALTA Loan Policy-Form 1992
Amount$ 800,000.00
premiumS 70.00
Rate:COMAPNION
Proposed Insured:
TO BE DETERMINED
Tax Certificate: $10,00
3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof
vested in:
AGNES M. PLENK and HENRY P. PLENK
4, The land referred to in'this'Commitment is situated in the County
of PITKIN, State of COLORADO and is described as follows:
UNIT 2, PLENK CONDOMINIUMS. according to the Condominium Plat ther~of
recorded April 29, 1998 in Plat Book 44 at Page 82 and as defined and
described in the Condominium Declaration of plenk Condominium
recorded May 5, 1998 as Reception No. 416504.
PITKIN COUNTY TITLE, INC.
601 E, HOPKINS
ASPEN, CO. 81611
970-925-1766
970-925-6527 FAX
AUTHORIZED AGENT
schedule A-PG.1
This Commitment is invalid
unless the Insuring
provisions and Schedules
A and B are attached,
.-
.
FNT .
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for the estate or interest to be insured,
ITEM (b) Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record to-wit:
1, Deed from
To
AGNES M. PLENK and HENRY P. PLENK
RALPH U. WHIPPLE and LYNNE WHIPPLE
2, Deed of Trust from: RALPH U. WHIPPLE and LYNNE C. WHIPPLE
to the Public Trustee of the County of PITKIN
for the use of THE LENDER TO BE INSURED HEREUNDER
to secure : $800,000.00
3, Duly acknowledged certificate, certifying that proper notice of sale
of the subject property was given and that the owner of other Unit
did not elect to exercise their option to purchase pursuant to the
Right of First Refusal as set forth in the Agreement Regarding Right
of First Refusal to Purchase Property.
4, Evidence satisfactory to the Company that the Real Estate Transfer
Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance
No. 13 (Series of 1990) has been paid or exempted.
5. Certificate of nonforeign status executed by the transferor(s), (This
instrument is not required to be recorded)
6. Completion of Form DR 1079 regarding the witholding of Colorado Tax.
on the sale by certain persons, corporations and firms selling Real
Property in the State of Colorado. (This instrument is not required
to be recorded)
7, Evidence satisfactory to the Company that the Declaration of Sale,
Notice to County Assessor as required by H.B. 1288 has been complied
with. (This instrument is not required to be recorded, but must be
delivered to and retained by the Assessors Office in the County in
which the property is situated)
"
FNT__
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company:
1, Rights or claims of parties in possession not shown by the public records.
2, Easements, or claims of easements, not shown by the public records,
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments,
any facts which a correct survey and inspection of the premises would disclose
and which are not shown by the public records,
4. ~~y lien, or right to a lien, for services, labor, or material heretofore or
hereafter furnished, imposed by law and not shown by the public records,
S. Defects, liens, encumbrances, adverse claims or other matters, if any,
created, first appearing in the public records or attaching subsequent to the
effective date hereof but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by
this Commitment.
6, Taxes due and payable; and any tax, special assessment, charge or lien imposed
for water or sewer service or for any other special taxing district.
7, Reservations and exceptions as set forth in the Deed from the City
of Aspen recorded in Book 59 at Page 206 providing as follows: "That
no title shall be hereby acquired to any mine of gold, silver,
cinnabar or copper or to any valid mining claim or possession held
under existing laws".
8, Terms, conditions, provisions and obligations as set forth in
Agreement Regarding Right of ~irst Refusal to Purchase property,
recorded May 5, 1998 as Reception No, 416505,
9, Terms, conditions, provisions and obligations as set forth in
Agreement to Allocate Floor Area Ratio recorded May 5, 1998 as
Reception No. 416506.
10, Easements, rights of way and all matters as disclosed on Plat of
subject property recorded April 29, 1998 in Plat Book 44 at Page 82,
11, Terms, conditions, provisions, obligations, easements, restrictions
and assessments as set forth in the Condominium Declaration for Plenk
Condominium, recorded May 5, 1998 as Reception No. 416504, deleting
therefrom any restrictions indicating preference, limitation or
discrimination based on race, color, religion, sex, handicap,
familial status or national origin.
v
-"
fNT
ADDITIONAL INFORMATION
AND DISCLOSURES
The Owner's Policy to be issued, if any shall contain the following
items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B-Section 1,
(2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION
WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED
HEREUNDER)
Pursuant to Insurance Regulation 89-2;
NOTE: Each title entity shall notify in writing every prospective
insured in an owner's title insurance policy for a single family
residence (including a condominim or townhouse unit) (i) of
that title entity's general requirements for the deletion of a:l
exception or exclusion to coverage relating to unfiled mechanics
or materialmens liens, except when said coverage or insurance is
extended to the insured under the terms of the policy, A
satisfactory affidavit and agreement indemnifying the Company
against unfiled mechanics' and/or Materialmen'S Liens executed
by the persons indicated in the attached copy of said affidavit
must be furnished to the Company. Upon receipt of these items
and any others requirements to be specified by the Company upon
request, Pre-printed Item Number 4 may be deleted from the
Owner's policy when issued. Please contact the Company for
further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any
requirement upon any title insurer to provide mechanics or
materialmens lien co~erage.
NOTE: If the Company conducts the owners or loan closing under
circumstances where it is responsible for the recording or
filing of legal documents from said transaction, the Company'
will be deemed to have provided "Gap Coverage".
Pursuant to Senate Bill 91-14 (CRS 10-11-122);
(a) The Subject Real Property may be located in a Special Taxing
District;
(b) A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained form the County treasurer of the County
Treasurer's Authorized Agent;
(c) Information regarding Special Districts and the boundaries of
such districts may be obtained from the Board of County
Commissioners, the County Clerk and Recorder, or the County
Assessor,
NOTE: A tax Certificate will be ordered from the County Treasurer by
the Company and the costs thereof charged to the proposed insured
unless written instruction to the contrary are received by the
company prior to the issuance of the Title policy anticipa:'O::: by
this Commitment.
This commitment is invalid unless
the Insuring Provisions and Schedules
A and B are attached.
Schedule B-Section 2
Commitment No, PCT13840
MEMORANDUM
TO:
Plans were routed to those departments checked-off below:
o ,.,..'..... City Engineer
o ,.......... Zoning Officer
0........,., Housing Director
o ..........' Parks Department
!J.".......... Aspen Fire Marshal
0........... City Water
0..,........ Aspen Consolidated Sanitation District
0........... Building Department
0........... Environmental Health
0.......,... Electric Department
o ........... Holy Cross Electric
o .........,. City Attorney
o ........... Streets Department
0......,..., Historic Preservation Officer
0........... Pitkin County Planning
FROM:
Nick Lelack, Planner
Community Development Department
130 So. Galena St.; Aspen, CO 81611
Phone-920,5095 Fax-920,5439
RE:
518 W. Smuggler - Conditional Use ADU
DATE:
October 12,1999
REFERRAL SCHEDULE
DRC MEETING DATE:( 1:30-3:00 Sister Cities Mtg. Room)
OTHER REFERRALS DUE TO PLANNER:
ENGINEERING REFERRAL DUE TO PLANNER:
Oct. 20, 1999
Oct. 29, 1999
Oct. 29, 1999
Thank you,
Nick
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