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HomeMy WebLinkAboutLand Use Case.CU.117 Neale Ave.A89-96 -- ,~""----",-"",,,,~--,"'~""~_..----' -- -_,,~-~---,-'~~--""""""-~--~~'--""~'.'~--'-- -- CAS. .lAD SUMMARY SHEET - CITY 0 .SPEN DATE RECEIVED: 11/13/96 DATE COMPLETE: PARCEL ill # 2737-073-53-002 PROJECT NAME: Shoafs Cabin Conditional Use Application Project Address: Lot #2, Shoafs Waterfall Subdivision APPUCANT: Jeff Shoaf AddresslPhone: P.O. Box 3123 Aspen 925-4501 REPRESENTATIVE: same AddresslPhone: RESPONSIBLE PARTY: CASE # A89-96 STAFF: Bob Nevins Applicant Other Name/Address: FEES DUE PLANNING ENGINEER HOUSING ENV HEALTH CLERK TOTAL $450 $0 $0 $0 $0 $450 FEES RECEIVED PLANNING $450 ENGINEER $ HOUSING $ ENV HEALTH $ CLERK $ TOTAL RCVD $450 # APPS RECEIVED 1 # PLATS RECENED 12 GIS DISK RECENED: TYPE OF APPLICATION St"ff ^I'prs':al OM> s.n; I' e ofJ /)/170 UA. u So c At;;U P&Z CC CC (2nd readin ) REFERRALS: o City Attorney ~ City Engineer o Zoning ~Housing o Environmental Health ~Parks '0 Aspen Fire Marshal o City Water o City Electric o Clean Air Board o Open Space Board o Other: DATE REFERRED: {I. 2'> 'Ik, INITIALS: p/'J o CDOT o ACSD o Holy Cross Electric o Rocky Mtn Natural Gas o Aspen School District ;2)'Other: of! Pv ? ((: !^ !,'IL . 11 -/1- rlio DATE DUE: !;;.!; "Ii:,. APPROVAL: # %-?D Date: /7' /1 . (1/" Date: Book , Page CLOSED/FlLED ROUTE TO: DATE: INITIALS: RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE AND VARIANCE FOR A DETACHED ACCESSORY DWELLING UNIT AT THE SHOAF RESIDENCE, LOT 2, SHOAF'S W A TERF ALL SUBDIVISION, 117 NEALE A VENUE, CITY OF ASPEN Resolution 96-30 WHEREAS, the Community Development Department received an application from Jeffrey Shoaf, owner, for a Conditional Use and Variance for the relocation and remodeling of a historic cabin into a voluntary, detached one-bedroom Accessory Dwelling Unit containing approximately 700 sf; and WHEREAS, pursuant to Section 26.40.090 of the Aspen Municipal Code, Accessory Dwelling Units may be approved by the Planning and Zoning Commission as Conditional Uses in conformance with the requirements of said Section; and WHEREAS, the Planning and Zoning Commission may vary the dimensional requirements of the underlying zone district for an Accessory Dwelling Unit in accordance with Section 26.40.090(B)(2); and WHEREAS, pursuant to Section 26.58.040(F)(I), a FAR Bonus equal to fifty (50) per cent of the Accessory Dwelling Unit floor area (up to a maximum of 350 sf) shall be granted if the ADU is separated from a principal structure by a distance of no less than ten (10) feet, with a maximum footprint of four hundred fifty (450) square feet; and WHEREAS, the Housing Office, City Engineering, Historic Preservation Committee and Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, during a public hearing at a regular meeting on December 17, 1996, the Planning and Zoning Commission approved by a 6-0 vote the Conditional Use and Variance for the Shoaf detached Accessory Dwelling Unit with the conditions recommended by the Community Development Department. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Conditional Use and Variance for a detached, one-bedroom Accessory Dwelling Unit containing approximately 700 sf to be relocated onto the Shoaf property at 117 Neale Avenue is approved with the following conditions: I. Prior to the issuance of any building permits the applicant shall: a. verify with the Housing Office that the allowable floor area of the Accessory Dwelling Unit contains approximately 700 sf as shown on the plans; b. verify with the Housing Office that 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; c. comply with Part III, Section 7, Deed Restricting Existing Dwelling Units of the AsoenlPitkin Countv Affordable Housing Guidelines (see Exhibit B, Housing Office Memorandum); d. provide the Housing Office with a signed and recorded Deed Restriction which must be obtained from the Housing Office; e. clearly identify the Accessory Dwelling Unit (ADU) on building permit plans as a separate one-bedroom unit; f. submit a current site improvement survey with the building permit application. The survey shall reference a current title policy to ensure documentation of easements; g. connect to City water in accordance with City and State statute if the residence is not presently being served by the City Water Department and the domestic well shall be abandoned; h. provide one, off-street parking space on-site for the ADU that shall be shown on the final improvement plans. Existing parking spaces that meet Code requirements shall also be shown on building permit drawings and the maximum curb-cut and driveway width shall be eighteen feet; 1. show a trash containment area on final development plans. All utility meters and any new utility pedestals must be installed on the applicant's property and not located in the public rights-of-way. Easements shall be provided for pedestals. All utility meter locations must be indicated on the building permit drawings. Meter locations shall be accessible for reading and may not be obstructed by trash storage; The applicant may consider separate water service, meter and wastewater service lines for the ADU; J. submit a drainage mitigation plan signed and stamped by an engineer in the state of Colorado as part of the building permit application. The site development shall meet the runoff design standards of Section 26.88.040(C)( 4)(f); k. execute and record an agreement requiring the property owner to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way. A signed and notarized agreement with recording fees shall be provided prior to final building inspection; I. apply for a tree removal permit two (2) weeks prior to the issuance of a building permit if any trees are to be removed. The required mitigation for any tree removal shall be as per Section 15.04.450 of the Municipal Code. 2. Prior to the issuance of a certificate of occupancy (CO) the applicant shall: a. submit as-built drawings of the project showing property lines, building footprint, easements, any encroachments, entry points for utilities entering the property boundaries and any other improvements to the AspenlPitkin County Data Processing Department in accordance with City GIS requirements; b. install sidewalk, curb and gutter along Neale Avenue. A boulder and utility pedestal may have to be removed or relocated. If necessary, it is preferable to have the applicant relocate the pedestal on private property within an easement. The sidewalk may be routed around the boulder or pedestal if an easement is provided by the applicant on their property; c. permit Community Development Department and Housing Office staff to inspect the property to determine compliance with the conditions of approval. d. relocate the existing fence along Neale Avenue onto private property if it is within the public right-of-way. To enhance the neighborhood character and ambiance, the fence shall be lowered, relocated and/or removed in such a manner that the historic cabin shall be readily visible from Neale Avenue. 3. A FAR Bonus equal to fifty (50) per cent of the Accessory Dwelling Unit floor area (up to a maximum of 350 sf) shall be granted if the ADU is separated from a principal structure by a distance of no less than ten (10) feet, and it has a maximum footprint of four hundred fifty (450) square feet or the ADU is deed restricted to occupancy pursuant to Ordinance 3S-96. 4. Planning and Zoning Commission hereby grant a variance of the front yard setback from twenty-five (25) feet to ten (10) feet for the location of the historic cabin, Accessory Dwelling Unit only. The front yard setback for the primary residence shall be twenty-five (25) feet in the R-15 zone district as per City Code. 5. The applicant shall consult with City departments regarding the following: a. City Engineering (920-5080) for design considerations and any development within public rights-of-way; b. Parks Department (920-5120) for tree removal, landscaping, and vegetative species; and c. City Streets Department (920-5130) for any work or development, including landscaping, within public rights-of-way. 6. AJI material representations made by the applicant in this 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. APPROVED by the Commission at its regular meeting on December 10, 1996. Attest: Planning and Zoning Commission: r;&.!'~ Jackie Lothian, Deputy City Clerk L <)(Ua w~d c/i;1j Sara Garton, Chairperson '_'1 PUBLIC NOTICE RE: SHOAF CONDITIONAL USE FOR ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, December 17, 1996 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Jeffrey Shoaf, requesting conditional use review approval for an ADU. The proposed ADU is a relocated and remodeled 700 square foot cabin detached from the existing single-family residence. The property is located at 117 North Neale Avenue, and is described as Lot 2, Shoaf's Waterfall. For further information, contact Bob Nevins at the AspenlPitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102. s/Sara Garton. 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I .J <( t t Ii I ~ t I ~ t I G L ______J () IL .J MEMORANDUM TO: City Engineering Housing Office Parks Department FROM: Bob Nevins, City Planner DATE: November 22, 1996 RE: Shoaf's Cabin Accessory Dwelling Unit - Conditional Use Parcel No. 2737.073-53-002 Project Review Schedule Community Development has received a conditional use application for an Accessory Dwelling Unit (ADU) at 117 North Neale A venue, City of Aspen. The proposed ADU is a relocated and remodeled cabin detached from the existing single-family residence. The following schedule has been established for the review of this application: November 25 (Mon.) Review with Engineering 1 Referral Distribution December 5 (Thurs.) Referral and DRC Memos (Draft) to Bob Nevins December 11 (Wed.) Referral and DRC Memos (Final) to Bob Nevins December 12 (Thurs.) Community Development Memorandum (Final) December 12 (Thurs.) Aspen Planning and Zoning Packets (Distribution) December 17 (Tues.) Aspen Planning and Zoning Meeting (Public Hearing) Please contact me at Ext. 5102 or by CEO if you have any questions regarding this application or review schedule. )"'1<\ MEMORANDUM TO: Planning Staff John Ely, County Attorney Susan Murphy, County Administration John Worcester, City Attorney Kathryn Koch, City Clerk FROM: Rhonda Harris, Community Development Department RE: Work Schedule-Memos Due Week of December 2, 1996 12/16 - CITY COUNCIL Commercial Lodge Text Amendment, 1st Reading, Suzanne Wolff 12117 - GROWTH MANAGEMENT COMMISSION (5:00) Stage 3 Metro Area Residential GMQS Scoring, Suzanne Wolff 12/17 - ASPEN PLANNING & ZONING Valerio/Johnson 8040 GreenIine Review & Condo Use Review, Suzanne Wolff (cont. from 1115) Stage 3 Special Review and Subdivision, Suzanne Wolff Shoaf Conditional Use for ADU, Bob Nevins LP Zone District Rezonings, Mary Lackner GMQS Deadline Text Amendment, Mary Lackner 12/18 - BOARD OF COUNTY COMMISSIONERS Greenway 1041 Hazard Review, Ellen Sassano Rayburn Lot Line Adjustment, Subdivision, Rezoning & 1041, 1st Reading, Francis Krizmanich Red Butte Ranch Parcell Subdivision Conceptual Review for Density Reduction Lot Split (GMQS Exemption) & 1041, I st Reading, Ellen Sassano Adoption of New Pitkin County Zoning Maps, 2nd Reading, Lance Clarke AH Overlay Code Amendment, 2nd Reading, Lance Clarke Polo Intemational Temporary Use Permit, Lance Clarke Braver Caretaker Dwelling Unit, Francis Krizmanich (cont. from 10/9) Bean Extension of Vested Rights, Francis Krizrnanich (cont. from 10/9) BOCC RESOLUTIONS/ORDINANCES OUTSTANDING: Cozy Point - 6/12/96 (FK) Larsen - 7/10/96 (ES) Burke - 9/25/96 (ES) N40 - 10/23/96 (RM) Braun - 11/20/96 (RM) CITY P&Z RESOLUTIONS OUTSTANDING: JII:C MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Bob Nevins, City Planner Mary Lackner, Acting Deputy Director /'v1.L THRU: RE: Shoaf Accessory Dwelling Unit Conditional Use Review. Public Hearing 117 Neale Avenue, Lot 2 of Shoaf's Waterfall Subdivision Parcel ill No. 2737-073-53-002 DATE: December 17, 1996 SUMMARY: The applicant proposes to relocate and remodel a historic log cabin as a voluntary 700 sf Accessory Dwelling Unit (ADU). The detached one-bedroom ADU is to be located along Neale A venue in close proximity to other historically designated properties. The applicant also requests a variance in the required front yard setback for the ADU cabin. Since it is an above grade unit, up to a maximum of 350 sf of allowable floor area may be exempt from floor area ratio (FAR) calculations if it is deed restricted to occupancy pursuant to Ordinance 38.96. Community Development staff recommends that the conditional use and the variance of front yard setback from twenty-five feet to ten feet for a detached Accessory Dwelling Unit cabin at I 17 North Neale Street, City of Aspen be approved with conditions. The Conditional Use Application is attached as Exhibit A; referral comments as Exhibit B; and HPC Memorandum as Exhibit C. APPLICANT: Mr. Jeffery Shoaf LOCATION: 117 Neale Avenue, Lot 2 of Shoaf's Waterfall Subdivision, City of Aspen ZONING: Moderate-Density Residential (R-15) LAND USE: Detached, single-family residence LOT AREA: 15,771.7 sf ALLOWABLE FAR: 4,295 sf ,'" '. APPLICANT'S REQUEST: To relocate, remodel and convert an historic cabin ill into a voluntary, detached 700 sf one-bedroom Accessory Dwelling Unit (ADU). The applicant also requests a variance of the required front yard setback/or the ADl\. . Ii...... ZS +> Ie REVIEW PROCESS: Accessory Dwelling Units (ADUs) require conditional use approval by the Planning and Zoning Commission at a public hearing. It is a one-step review that requires notification to be published, posted and mailed. The Commission may also grant variances from the dimensional requirements of the underlying zone district pursuant to Section 26.40.090(B)(2). BACKGROUND: There currently exists a 3,200 sf detached, single-family residence containing five bedrooms on a 15,771 sf lot at I I7 Neale Avenue. In the Fall of 1996, the applicant acquired an historic cabin which Fritz Benedict had disassembled and moved from Snowmass to property he owned near Stillwater Drive. Mr. Shoaf is requesting approval to relocate the cabin onto his Neale Avenue lot and remodel it into a voluntary Accessory Dwelling Unit. The proposed ADU is a 700 sf one.bedroom detached log cabin with a kitchen and full. bath. It is entirely self-contained with excellent accessibility to natural light, air and views. An uncovered, off-street parking space is provided along the existing driveway. The Historic Preservation Committee (HPC) reviewed the project as a referral body on December I I, 1996. HPC voted 7-0 to support the relocation, remodel and reuse of the historic cabin as presented by the applicant. REFERRAL COMMENTS: Attached as Exhibit B are the comments from the City Engineer and Housing Office. The HPC background memo is included as Exhibit C. STAFF COMMENTS: Pursuant to Section 26.60.040, a development application for a conditional use approval shall meet the following standards: 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; 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 proposedfor development; 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; 2 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, hospital and medical services, drainage systems, and schools; E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all applicable requirements of this title; RESPONSE: Staff finds that the applicant's proposal meets or exceeds Conditional Use Standards A-F. RECOMMENDATION: Community Development staff recommends that the conditional use and front yard setback variance for the proposed Accessory Dwelling Unit (ADU), a detached cabin, at 117 Neale Avenue in the City of Aspen be approved with the following conditions: I. Prior to the issuance of any building permits the applicant shall: - - a. verify with the Housing Office that the allowable floor area of the Accessory Dwelling Unit contains approximately 700 sf as shown on the plans; b. verify with the Housing Office that 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; c. comply with Part III, Section 7, Deed Restricting Existing Dwelling Units of the AsoenlPitkin Countv Affordable Housing Guidelines (see Exhibit B, Housing Office Memorandum); d. provide the Housing Office with a signed and recorded Deed Restriction which must be obtained from the Housing Office; e. clearly identify the Accessory Dwelling Unit (ADU) on building permit plans as a separate one.bedroom unit; f. submit a current site improvement survey with the building permit application. The survey shall reference a current title policy to ensure documentation of easements; 3 -.-.... g. connect to City water in accordance with City and State statute if the residence is not presently being served by the City Water Department and the domestic well shall be abandoned; - h. provide one, off-street parking space on-site for the ADU that shall be shown on the final improvement plans. Existing parking spaces that meet Code requirements shall also be shown on building permit drawings and the maximum curb-cut and driveway width shall be eighteen feet; - 1. show a trash containment area on final development plans. All utility meters and any new utility pedestals must be installed on the applicant's property and not located in the public rights-of-way. Easements shall be provided for pedestals. All utility meter locations must be indicated on the building permit drawings. Meter locations shall be accessible for reading and may not be obstructed by trash storage; ~he applicant may consider separate water service, meter and wastewater service lin~f~r the ADU; J. submit a drainage mitigation plan signed and stamped by an engineer in the state of Colorado as part of the building permit application. The site development shall meet the runoff design standards of Section 26.88.040(C)( 4 )(f); k. execute and record an agreement requiring the property owner to join any future improvement districts which may be formed for the purpose of constructing improvements in the public rightcof-way. A signed and notarized agreement with recording fees shall be provided prior to final building inspection; I. apply for a tree removal permit two (2) weeks prior to the issuance of a building permit if any trees are to be removed. The required mitigation for any tree removal shall be as per Section 15.04.450 of the Municipal Code. - 2. Prior to the issuance of a certificate of occupancy (CO) the applicant shall: a. submit as-built drawings of the project showing property lines, building footprint, easements, any encroachments, entry points for utilities entering the property boundaries and any other improvements to the AspenlPitkin County Data Processing Department in accordance with City GIS requirements; b. in,!"]] sidew"llc, rnrb and l!utter along Neale Avenue. A boulder and utility pedestal may have to be removed or relocated. If necessary, it is preferable to have the applicant relocate the pedestal on private property within an easement. The sidewalk may be routed around the boulder or pedestal if an easement is provided by the applicant on their property; 4 c. Community Development Department and Housing Office staff shall inspect the property to determine compliance with the conditions of approval. - d. 3. The applicant shall consult with City departments regarding the following: a. City Engineering (920-5080) for design considerations and any development within public rights-of-way; b. Parks Department (920-5120) for tree removal, landscaping, and vegetative species; and c. City Streets Department (920-5130) for any work or development, including landscaping, within public rights-of-way. - 4. lannin and Zonin Commission shall grant a variance of the front yard setback from t -five ee r n 0 e Istonc cabin, Accesso Dwelling Unit onlv. Thp front Y3rd Spth3"k for the primarv residence shall be twenty-five feet as per City Code. 5. All material representations made by the applicant in this 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. ALTERNATIVE RECOMMENDATIONS: Planning and Zoning Commission may approve the conditions above, approve additional conditions or disapprove the conditional use for the Accessory Dwelling Unit. 'S11X. A - F .,..",.,l.wov- RECOMMENDED MOTION: "I move to approve the conditional use~nd variance of ""....... the front yard setback from twenty-five feet to ten feet for the Accessory Dwelling Unit cabin located at 117 Neale Avenue, with the conditions set forth in the Community Development Department memorandum dated December 17, 1996." ~-O ~ ~ EXHffiITS: "A" - Conditional Use Application "B" - Referral Comments "C" - Historic Preservation Committee Memorandum 5 '1.) Project Name ........,. 2) /' R-I) 3) PreSent ZOniD:J 5) Applicant. s Name, l\dkesS & R100e i - ' . 6) Representative's Name', l\dkesS & R100e : 7) Type of l\pplication (please check all that apply): A Cbrditional Use _ a:.ncepbJal SPA' _ <1:nJeptua1. Historic IEv'. _ Sf"'<";" 1 Revi.e;.r Final. SPA Final. Historic pev. " _ 8040 Greenline _ stream MaI:gin _ a:.ncepbJal roo Minor Historic IEv'_ Final. roo Historic ()em:)lition Mcuntain vie;.r Plane Sub:livision ' _ Historic ~ignation _ Corrlaniniuniization' _ 'J.'extIMaP .lImerrlIrent -.:.. QQS Allotment _ ~ ExEnption _ IDt Splil;/IDt Lire " Adjust:me.nt 8) Des=ipti.on of Elci.st.in] Uses '(n..mber an:i type of existirg structures; ~'Ld5fi~~ 7~(;~ -4TX 7~ ~ 10) Iv: ltA--. ,. attached the fa .1 Re:,pi.se to At:t:.acIment 2, M.iniJwm $J.t-mi=ion o:ntents Re:,pitSC to At:t:.acIment 3, Specific $J.n.i=ion O:Xlt:.ents Response to At;t:achment 4, Revielol st:ardards for Your Application V.. 9) ()} 37- 073 -S3 -DO d-, Exhibit A JEFFREY S. SHOAF Post Office Box 3123 Aspen, Colorado 81612 (970) 925-4501 August 13, 1996 Planning & Zoning Commission City of Aspen Aspen, Colorado When considering a development application for a conditional use, the commission shall consider whether all of the following standards are met, as applicable: 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 Answer: Yes. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the R-15 zone district in which it is proposed to be located except the front yard setback, which I address below at letter "F". 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. Answer: Yes. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses. It enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development by bringing into the neighborhood a beautifully restored, historically significant cabin that has been a part of the Roaring Fork Valley's history. 1 am also proposing to create an accessory dwelling unit/employee housing unit with the subject cabin. The existing neighborhood is an eclectically mixed combination of single-family, duplexes, affordable housing units, and other ADU's. 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. - 1 - Answer: Yes. The location, size, design and operating characteristics of the proposed conditional uses does minimize the adverse affects listed. In fact, the smaller scale of the proposed cabin (less than 400 square feet of living area above grade) will be a nice addition to the neighborhood in contrast to all new development which is typically built to the maximum height, square footage and volume allowed by zoning. Additionally, the location of the proposed cabin site is within easy walking distance to downtown Aspen and/or the public transportation system. I do proposed to dedicate one off- street parking space for the cabin, but hope to rent it to someone who does not own a car. 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. Answer: Yes. There are adequate public facilities and services to serve the conditional use requested. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Answer: The applicant is voluntarily proposing one-hundred percent (100%) of the subject cabin to be used as affordable housing and, at the same time, is saving an historically significant structure. 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. Answer: The applicant is asking for a variance on the R-15 front yard setback of thirty feet as the applicant's request herein is to have a ten-foot front yard setback. This would place the cabin itself seventeen feet from the Neal Street corridor front yard property line because a seven- foot deep porch is proposed between the cabin and the herein requested ten-foot setback. Please see the attached survey for full details. Please bare in mind that there will be about 350 square feet of living area above grade with the balance of the living area square footage below grade, creating no visual impact on the Neal Street corridor. The review standards for a detached accessory dwelling unit are as follows: 1. The proposed development is compatible and subordinate in character with the primary residence located on the parcel and with development located within the neighborhood. Answer: Yes. The proposed development is compatible and clearly subordinate in character with the primary residence located on the parcel (700 square feet of living area proposed versus 3350:t square feet of the existing improvements). - 2 - 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 (3) feet; e. the maximum height limits for detached accessory dwelling units in the R -6 zone district may be varied on the rear one-third (1/3) of the parcel; however, the maximum height of the structure shall not exceed sixteen (16) feet. On Landmark Designated Parcels and within an Historic Overlay District, the HPC shall have the ability to make such height variations; f Maximum allowable site coverage may be varied up to 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 shall may make dimensional variations pursuant to the standards of Section 26.40.070(B). Answer: Other than my request herein to receive a variance on the R-15 zone front yard setback (from 30' to 10'), the balance of this question is not applicable as I will be in full compliance. Should you have any additional questions or if I can be of any further assistance, please call me at your earliest convenience. I thank you for your time and consideration in these matters. Sincerely, Jeffrey S. Shoaf JSS:a2z - 3 - ~-13-1~ ~:31AM rKUM ~A~~K CHA~/~Au~~ 8/~3e/~~ Alpine Surveys, Inc. POS! Office Box 1730 Aspen, Colorado 81612 970 925 2688 August 12, 1996 TO: Jeff Shoaf Tel , Fax: 925-4501 P,l Jim Breasted - Alpine Surveys, Inc. Tel. 963-1853 Fax: 963-8700 (c/o Paper Chase) Job No. 89-78 Shoaf FROM: RE: This is to transmit results of a slope 4nalysis of Lot 2, Shoaf's Waterfall Subdivision and of an adjacent metes and bounds parcel, as follows: SLOPE 0' - 20' 20% - 30' 30% + LOT 2 . . . . . ADJACENT PARCEL TOTAL ((_It; - ~ 144i- f; 77 ( f ~ (jj I ~tJq b ~ -- PERCENTAGE OF LAND 76.H 0.9' .I)..F; ?o 23.0% 100.0' 14,986.1 785.6 15,771.7 Square feet " " Square feet ~ i) SC)? --- ~ '3lDb J~ (.M1 8;1 ~" ~~,A \ <; -11 \ 1 _ ~ 1 Of;.35: \~\O bl)~) m ~~q~ (J \:D I (y,{ 'r-/1K) , r': / ......, QJrv\J ",' I ~~1O 7- O'Y\ ~ ~!<; S,P ~O(1\ ~(S ~ ~fMCD~~~ ~-1~-1~ ~:~lAM ~KUM ~A~~ CHA~c/PAG~~ ~/~o38700 P,l .-, Alpine Surveys, Inc. Post Office Box 1730 Aspen, Colorado 81612.______ 970 925 2688 August 12, 1996 TO: Jeff Shoaf Tel & Fax: 925-4501 FROM: RE: Jim Breasted - Alpine Surveys, Inc. Tel: 963-1853 Fax: 963-8700 (c/o Paper Chase) Job No. 89-78 Shoaf This is to transmit results of a slope analysis of Lot 2, Shoaf's Waterfall Subdivision and of an adjacent metes and bounds parcel, as follows: SLOPE 0' - 20t 20% .. 30\ 30\ + PERCENTAGE 76.1% 0.9% 23.0% 100.0' OF LAND LOT 2 . . . . . ADJACENT PARCEL TOTAL 14,986.1 Square feet 785.6. . 15,771.7 Square feet ---~ , -,. --'- "''''''-.-'- --- ('oj ,.--- ----~.-...-"._..._.- " 0 -" - <:) ~ I ~ f\1 w ~ c' lt1 :> ,- '< I > ( I\") 6l vi ( ~ r-, ""- ! ~ ~ ~ " \ { ! . . { .,,1 '" , .. 6 t ~ " Z t': ~ . ~ ~ at '" ~ 't.. <{ V) 9 .. ,~ '" \, \r, w ~ ~ ~ Q Ill: o U ... Ill: ... ~ ~ t 6 ~ C(Z>- .. ~~J ~ _ 1lI~ III - C A. ~ ~y. 0- ::; Ill: A. 6 z w :3 ~~ I ~ ~iC :I: v '" <: '" ~ ~ ~ ~ ~ ';j ~! 0 ~ t ~ -~ t;c C ~ ~~ ~ ~ ~ " ~1; C ~ ~ ~ 0 C Z ~ U ~ ;;: ~ C ~ r ~ ~ c< u ~ . ~> > 0-. 00 ~ 0' ~z -D ~ \I 0 '-~' ~ " , ~ f . ~~ - ~ ~~ lrlC ~ ~ ~C '" ~ <Ii f\' r'0 ~i iiI' ^, ~ '" '$l ~ ~ ..0 ~>-' ! ~~ " c, \, " ~,5l ~ ;)- - . o. (S:j -D c~ ('".j fc; , , '" ('.J C..j "'II i:Sl ~t; <S' _c ~ >-~ 5z ,.., i5< ~z u") :5i :>~ <{! :51 V! 0'" ,.., 3~ at~ ...0 ;'- <SO ...C ;SJ <l' <S' wC .. 0 ;:.:. t!; ~ :>::J Ii; I"- e'.j ~ - ~ '" r'"1 M ~ ,at I"- ~. c ~~ ("'.J ~ ~~ M ~ ~~ C. "- Z >5l c...' ~: ~l ..... if. ~ -~ ..... Z~ :> ~~ ..... :ll~ ~g " ~ C, ~~ ~U " d CC " ~ ~ ~ ~ (j ,,~ h . Z Ci~ !i , ~ ~ ,'. .J \ U~ (}- ...J c'" II i ,.~ Sa c0- lli - "- .. - .. ~ '" ~J ~ I!! 3 :</ (,I OJ 1- ~ <) I,j ~. la ' . '" a 0;;- a ~ ~ >- , ~ ;:; ill C 1'"' rr: tr) 1/1 ~ .1 11- (i 1'_ -, '.I.. V) W ~) Cl " (- ..., '.'1 :~ w " z <{ at ;;~l CC. E.a.~ .. ~- ;:;~"~ C ~ ~ C - :!.. >-' '" Q ~ i< Q~ ~ ~9 ~ G a C '" :!.. ~ ~ GO <{<{ VC) -~ ~ :l: <: ::l <{ '" '" , \ --aa:138S B'-7g.Q P.660 t 1/! ~ 01: tBP P6 1 OF:3 ~ 3ILVTA DAVIS ~'ITI'lN L..<JJNTY CLERK 8. RECORDER nEC 1~.00 JC NI 0.00 QUIT CLAIM DEED DARLENE DE SEDLE V ARE and EDWIN C. V ARE (Grantors), whose address is do Darlene de Sedle Yare, 833 Ocean Ave" No, ] 03, Santa Monica, CA 90403, for the consideration ofTen and No/lOll DoUars (SI0.00) and other good and valuable consideration, in hand paid, hereby quitclaims to JEFFREY SHOAF (Grantee), whose addreas is 113 Neal Ave., Aspen, CO gl6lt , the following described real property situated in Pitkin County, Colorado, depicted on Ex'''bits A (legal description) and B (map of subject property), allached hereto as a pan hereof, and Grantee hereby accepts such convey&llCe in full 'etdement of all property line disputes related to the adjacent properties of the panie, hereto.. T~ Signed this 13 day ofMtl?1995, STA1EOFCALlFORNIA } }.., COUNTY OF ORANGE } The fortgoing instrumenr was acknowledged before me tbis l~-u. day of \,,~ " 1995, by Darlene de Sedl.. Witn.., my hand and official ..ai, ~ My commission expires: 511l,,(q , ",,~(. ~~ N.ijary Public Address: I@&A.:A - AJ.;K:AA-~-. &1 'i C""""'''''16 I '1 A. NotQ/lj' P~1c _ CoII'onia ! J . Mtc:=;~6.I~.1 ~. .1995, S1 A TE OF CONNECTICUT COUNTY OF U&-l i-\z:,j l'l., :.. C..., l~r ~ ) . instrument WlS acknowledged before me this _&!'day of)lA )"" \ Witness my hand and official seal. ~LVN" RORRER- NOTAllY PUBUC COMM. ElCPlRES 5131199 STATE OF COLORADO } }ss COUNTY OF PITKIN } The foregoing instrument was acknowledged before me this ~d' by JellTey Shoar. Witness my hand and official ,e.1. I ~-kkr- 1995, My commission expires: .. MAAClAPOUTOUB . MY COIMSSIOH I;lU"IIiES , _ ,,'0;; 11/!Wl' > · f/ .....' '.. 1 l' '."" ~" " .......... ft' ~~8\.\~ /",'- ./.:' '" 0" co" _u ___ - --r- B-n9 P-,;;.l 11/ t:~lq _ ,1 ~ :lap ::111 :=~ OF 3 EXHIBIT A - Vares to Shoaf Quit Claim Deed Alpine survey.. Inc. Post OUlce Box 1730 Aspen. COlorado 81612 303 925 2688 Job No. 89-78-3 Shoaf September 20, 1994 D~SCRIPTION or LAND rOR QUIET TITLE A TRACT OF LAND SITUIITED IN THE SOUTIIEAST QUIIRTER OF TilE SOUTIIWEST QUARTER OF SECTION 7. TOWNSIIIP to SOU'fll. lU\NGE 84 WEST OF TilE SIXTIl PRINCIPlIL HERIDIIIN. HORE PlIRTICULlIRLY DESCRIBED liS FOLLOWS' BEGINNING 111' TlIE NORTlIElIST CORNER OF LOT 2, SIlOllF' S WATERFALL SUBDIVISION AS lIHENDED. CITY OF lISPEN, WIIENCE THE SOUTH QUARTER CORNER OF SUo/SECTION 7. A BRI\SS CliP. BElIRS S 03'14'31" E 597.is FEET' TlIENCE ALONG TilE NOR'fIlERL'! BOUNDARY OF SAID LOT 2 TilE FOLLOWING COURSEr lIND DISTlINCES: N 63'42'00" W 109.~FEET. S 31005'00" W 4.48 EET, N 63'42'00' W 3.55 FtET. N 37'32'00" W 36.G7y'FEET TO TilE NORTIIERNMOST CORNER OF SAID LO'f 2, / TIIENCE N 20'55' IS" E 10. U/FEET lILONG TIlE NORTIlElISTERLY EXTENSION OF TilE WESTERLY LINE OF 51110 loOT 2 TO TilE INTERSECTION WITIl 11 WOOD fENCE' THENCE lILONG 51110 WOOD FENCE TilE FOLLOWING COURSES lIND DISTlINCES: t S 39'51'59" E 50.1 EET, 5 52'27'22' B 6.55 ~. '1', S 64028'39" B 25.62 EET, S 70'15'14' E 51.09 EEET TO 'filE END OF SlIID WOOD FENCE; ~1 TIIENCE S 70'15'14" E 17.26.J.EET lIWNG TilE SOUTIlEr.STERLY EXTENSION OF SAID FENCE TO TilE INTERSEC1~ION WITtI THE NORTllE1\STERLY EKhENSION Of TUE E1\STERL't LINE OF 51110 LOT 2, THENCE S 18')4'54" W s.77 FEE'r lILONG 51110 NORTIIElISTERLY EXTENSION TO TlIE POINT OF OEGINNING; CONTlIINING 7s5.6 SQUlIRE FEET. HORE OR LESS. COUNTY OF PITKIN. STlITE OF COl.ORlIDO. ; ~ i EXHIBIT B- Vares to Shoaf Quit ClaimiDeed' i' P-bfo2 1.I/j}+/')5 rjll:lAP PB~, OF ,1 N;,ia' "., /5'[." -$1~ '.. l:' "\l, "" 1..- .... ,~. ~ :.l~ I~\! ...... ~Q; "," 1'4I'~. "'-. ~ I"'; ,'" t ";:- '& ~ ~ !<I""~ ~ ~~',,~ . ,.,., "V- I ~ , J ~ fA} { . I~:;:'. l!, .. .t' ...,~ I >:" ~ I"~ ~ I.."'~ '='tl l" ",I~ "'I~- ; .1 t\:0 ...\ .. {I . . , ~ '''' I"'. .... t' '" ;,. ~ . ,I'", "'fI', ."'1' - Jlo.:n.' ..... r. '^ gj ~ . 0 " ~ '" '" .~. " , , > <: ~[;j 2 ~ ~ :: Mt" ~ - ~, d '" " ... " ... '" ... 0 z , . " 1 ~ lI' . "4 '" ~, "I .., l ~\ " ~ ~ \:::J ' ~7~".I..r'.I-f'4; 17.:z.~"J, s I..J.,..".....'AI, 8.77.' !.J S Z4"U'IS""'f 7d.1',t' ",'S.f"1U ,,..J' S', , ,I , I. " " I .!: ;,j '" ;a .. .. '" '" " H '" " ., n ~~ ., ~~ H i.; " , ( .' ~ ;;.: 'n t . l, i " "i,l' 'j :\ -' ~. l ;. t.. , ~. ~ o. r ",,,~ MEMORANDUM To: Bob Nevins, Planner Thru: Nick Adeh, City Engine~ From: Chuck Roth, Project Engineer (1'/2.... Date: December 6, 1996 Re: Shoafs Cabin Accessory Dwelling Unit Conditional Use (ParcellD No. 2737-073-53-002 ) I have reviewed the above referenced application, and after visiting the site, I have the following comments: 1. Site Improvement Survey - The site improvement survey submitted with the application is out of date (1989). A current site improvement survey needs to be submitted with the building permit application. The survey must reference a current title policy to ensure docwnentation of easements. There is a fence that is not shown. If the fence is not on private property, it must be relocated onto private property at the time of development. Note that the fence height detracts from the neighborhood enhancement by the addition of the cabin. 2. Sidewalk. Curb and Gutter - The two adjacent properties down the hill to Herron Park have installed sidewalk, curb and gutter during the past two swnmers. We recommend that the applicant be required to install sidewalk, curb and gutter prior to issuance of a certificate of occupancy. This should not be considered an onerous requirement because the applicant should have been required to provide a sidewalk, curb and gutter agreement at previous land use approval or building permit situations and because the neighboring property owners have paid for their improvements themselves. There are a boulder and a utility pedestal in the approximate location of the sidewalk curb and gutter. The boulder would have to be removed. It is preferable for the applicant to relocate the pedestal onto an easement on his private property, but the sidewalk may instead be routed around the pedestal ifthe applicant provides an easement for the portion on his property. 3. Trash & Utilities - Show trash containment area on final development plans. All utility meters and any new utility pedestals must be installed on the applicant's property and not in the public right-of-way. For pedestals, easements must be provided. The building permit drawings must indicate all utility meter locations. Meter locations must be accessible for reading and may not be 1 Exhibit B ,".~~--~~.",.........,.-,~...,_..".~" obstructed by trash storage. The applicant may consider separate water service and meter and wastewater service line for the ADD. 4. Parking - There is no on-street parking in the area, therefore an on-site parking space should be required for the ADU and shown on the building permit drawings. Existing parking spaces that meet Code requirements must also be shown. 5. Site Drainage - The existing flood control system(s) is inadequate for serving the additional runoff created by impermeable surface or change in drainage pattern. The site development should meet runoff design standards of Sec. 26.88.040.C.4.f, and the building permit application must include a drainage mitigation plan signed and stamped by an engineer registered in the State of Colorado. 6. Domestic Water Supply - The survey indicates a well casing. If the applicant is not currently served by the City Water Department, state and city statute require that the property be connected to City water and that the well be abandoned. 7. Driveway Access - The driveway is not well defined or is obscured by snow. Note that the maximum allowable driveway width is eighteen feet. 8. Improvement Districts - The applicant should be required to agree to join any improvement districts that are formed for the purpose of constructing improvements in adjacent public rights-of- way and to provide a signed and notarized agreement with recording fees prior to the final building inspection. 9. Work in the Public Right-of-wllY - 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 streets department (920-5130) for street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights-of-way from the city community development department. cc: Jeffrey Shoaf, P.O. Box 3123, Aspen, Colorado 81612 M96,298 2 NOli 27 "96 04:31F~' RSP"" HOUSING OFe P.I MEMORANDUM TO: Suzanne Wolff, Community Development Dept. FROM: Cindy Christensen, Housing Office DATE: November 27, 1996 RE: Shoafs Cabin Accessory Dwelling Unit Review ParcellD No. 2737.073-S3-Q02 ISSU!i: The applicant is requesting to deed restrict an existing 699 square fool cabin. RECOMMENDATION: Staff recommends approval as long as the following conditions are met: 1. The unit failS within minimum and maximum square footage; ACceBSlII')' dw8Iling un/ifl shall coma/n not /e6s than three hundred (3llO) sqtlllre liMIt of a/Iowable floor area amI not mllAll/la" _lIundfed /7OQ) IitIIJIJ1fIIlNIt of llllowabIe HOOI' aFR. Ths unit shllll be deed restricted, medll!J ltJe housing lIuthorlty's gu/de//n.. for I8Sldl!llt OCcupied unlls and shall bs limitMI to rental periods of not /8ss tf1~ *' ~ monfllB In du",tion. 011III_ of the principal resld.n". "".11 h.ve the right to place a quali1l8d 817Ip/oyee 01' l!'IIIpJoyees of hI/; or her choosing in the a""e5SOJy dwelling unit. 2. The kitchen falls within the following specifications: K1tchen . For AOCOOBOJy Dwelling Units and C8iWaker Dwe{Ung Urn"', p minimum of a Iwo-bumer 8!DW with oven, stllndarr/ sink. and a 6-cubic foot mfrigeralor plus freezer. 3. Part III, Section 7, of the Aspen/Pitkin County Affordable Housing Guidelines, Deed Rfl$trlc1Ing Existing Dwelling Units, which states: A. Pursuant to the appIl~able City or Counl)' Land Un Codea, an appJiCflnt for a devalcpmllllt, under certain ~anlllllom: and sub/set to "6I'tain l'I!lquirements, may II8/is1y Ms a1I'oIItlIlIIe hoosirlg A1qU1rement by -lBllI1ictin9 eKisling unrestllcted hou8i1l!J to eamply WfflI the Guidelines. Acceplance of ....illllng u"iIIs shall be at the sDlo ttlaf:rlJt/on or the rupec:tlve govemlng boar upon "'""",mendatlM t1I the HfJUS/ng 0II'ic.. B. If "C~lIpCGd by rile City or Counl)', 8lds:ting un/t8 must be upgraded In accomanee With the following ~rlIerIa. unless a nrillnee fI1mI lh_ ll!llUfremenfR Is apprond by the applIcable go_nil body upon the _ommendalton of /lie Hou.sIng Offks~ 11I1 units must be fresItIy painted; al/ appIlalleH must be pun;hased within IIIfI /84It five jlVlllI and be In good cone/it/on and WOI1dng order; new carpet shllll bs pnwlded (un/ess carpel has been pun:hased In last. fiV8 ye.ors and Is In good COIIdi#Gn DIId "".,,; the exterior walls cha/l be fINII/y ptllntl>d _In one jlVl' of dedlt:adM. a fl8IMNIlslIfI/ of upgrade to yards and landscaplnll sllall be pnlVided, and, windows, I181Jtmg, plumbing and eIe<:trIl:al sys(ems, fixturflfl and lIquiprrH!n' "hall be In good condition fltllI woming ~r. The roaf mU/it haw a """;/11119 uHAl111ft or at /eQt ten (10) yeaJli. All unills shall mO!llt Uniform 8u1lalnll Code minimum standardS, any .pplicable hOU8ing code 01', In tile absence of an adeflllalJll code. such recognized hou$lng code acceptJtblll to !lie HOU81ng Office and /Shall be upproll/Jd by the Hou8inll 0IIil:8 anlf verified by a quallfiftl Exhibit B NOli 27 '96 04:30PM AS~"I HOUSING OFC P.2 Bullrilng Inspecitw acceptMl snd ~ by tile Housing ~ AppIlcrml..".// be;Jr the COllis /tnd =pens_ of /tll)! requ/1Vd upgnIdes III meet !tie aban sfandllRls as well as my struclllnJllenglneenng "'I'orls required lIy tII& HoU$ing 0WIt:e to ......." ltIe lIllilalll1Jt;y for OCCUPlIICI' and eompII:!m:II llIIfh tII& HOUSing Offit:;o Btamkwds of /he pn>p<>sed Ullils, 4. An accessory dwelling unit deed restriction mUlIt be recorded prior to building permit approval (this farm is provided by the Housing Office). 5. Inspection of the unit by the Housing Office prior to Certificate of Occupancy. ....rel13f.shofadu,'12 2 TI3) MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Amidon, Historic Preservation Officer RE: Shoaf referral DATE: December 11, 1996 -------------------------------------------------------------- -------------------------------------------------------------- This fall, the owners of a historic cabin which Fritz Benedict had disassembled and moved from Snowmass to property that he owned near Stillwater Drive asked for bidders to remove the cabin from the site. The cabin was located in the County and according to a previous approval by the BOCC, was to be removed or converted to storage since the property exceeded the allowed FAR. Jeffrey Shoaf, owner of 117 Neale Avenue received the cabin and now wishes to place it on his property and convert it into a voluntary accessory dwelling unit. Staff does not recommend landmark designation of the building or the property since the cabin does not have historical significance within the City of Aspen, however, HPC referral comments on proposed alterations to the building are requested for the Planning and Zoning Commission. Exhibit C Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 I I Ii ..City Land Use Application Fees: 00 113-63850-041 Deposit I -63855-042 Flat Fee I -63860-043 HPC , -63885-268 Public Right-of-Way ! -63875-M6 Zoning & Sign Permit , -MR011 Use Tax 10000-67100-383 Park Dedication i 15000-630S0480 All Commercial I 15000-6306SA82 All Residential i I I , I I I \ l , County Land Use Applieation Fees: 00113-63800-033 Deposit -63805-034 Flat Fee -63820-037 Zoning -63825-038 Board of Adjustment Referral Fees: 00113-63810-035 00115-63340-163 62023-63340-190 (l()12S-63340-20S 00113-6381S-036 00113-63812-212 Sales: 00113-63830.039 -69000-145 County Engineer City Engineer Housing Environmental Health County Clerk Wildlife Officer County Code Copy Fees Other I --..-----~-- I I Name ()dLv.-J,.. A.J -.J - t Addr:6.-r-p 0 -----. - '7 I o/f" 5/;;? 3 : a ! Phone: UJ1lff:7- L./5' 0/ r'so o~ ~~--_..,---'_._- .--- -,,---_._~--- ---_.- .--.-----' ----------_.__._--~- Total -ys 0 co Date:l/)2. Check:5'73J proje~ Case No;g-8 '1 - ;7 h No, of Copies / L9-..