HomeMy WebLinkAboutLand Use Case.CU.2 Williams Way.A15-94
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED:
DATE COMPLETE:
PARCEL ID AND CASE NO.
2737-074-o0-6~O A15-94
STAFF MEMBER: LL
Conversion Conditional Use Rev.
Wa As en CO
PROJECT NAME:
Project Address:
Legal Address:
APPLICANT: Elizabeth Alev
Applicant Address: 0002 Williams Way
REPRESENTATIVE: Maxwell Alev
Representative Address/Phone: Box 5098 925-6500
Aspen. CO 81611
--------------------------------------------------------------
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FEES: PLANNING
ENGINEER
HOUSING
ENV. HEALTH
TOTAL
$
$
$
$
$
# APPS RECEIVED
# PLATS RECEIVED
8
8
o
TYPE OF APPLICATI N: STAFF APPROVAL: 1 STEP: -1L 2 STEP:
P&Z Meeting Date C; PUBLIC HEARING:~ NO
VESTED RIGHTS: NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
DRC Meeting Date
---------------------------------------------------------------
---------------------------------------------------------------
REFERRALS:
~ City Attorney
City Engineer
Housing Dir.
Aspen Water
city Electric
Envir.Hlth.
Zoning
--\'
School District
Rocky Mtn NatGas
COOT
Clean Air Board
Open ,$I)aREli BOil!:d
Other .f>\l; ~& i ::J~l
Other '~~
DUE: (P /3 . "------
Parks Dept.
Bldg Inspector
Fire Marshal
Holy Cross
Mtn. Bell
ACSD
Energy Center
DATE REFERRED: 5/~ INITIALS: ~~
,
==================================================ji"============
FINAL ROUTING: DATE ROUTED: II,IJI/17-INITIAL:7lLJ!)
___ city Atty ___ City Engineer ___Zoning ___Env. Health
___ Housing ___ Open Space Other:
FILE STATUS AND LOCATION:
MEMORANDUM
TO:
Aspen Planning and zoning commission
FROM:
Leslie Lamont, Senior Planner
RE:
Red House Conditional Use Review for a Duplex in the
R/MFA Zone District
DATE:
June 21, 1994
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SUMMARY: The applicant proposes to convert an existing single
family home to a duplex structure. Staff recommends approval of
the conversion and the conditional use for a duplex in the R/MFA
zone district.
APPLICANT: Maxwell and Elizabeth Aley
LOCATION: 0002 Williams Way, Aspen
ZONING: R/MFA
APPLICANT'S REQUEST: To convert an existing single family home
into a duplex structure and deed restrict the new residential unit.
REFERRAL COMMENTS: Please see attached referral comments from the
Engineering Department and the Building Department.
STAFF COMMENTS:
The Aley's, as part of a settlement with Pitkin County, have
acquired the single-family home on Williams Way that was once owned
by the County. Mr. Aley is seeking to convert a portion of the
2,017 square foot home into a deed restricted, category 4, dwelling
unit. Pursuant to section 24-5-2061.1, a duplex in the R/MFA zone
district is a conditional use. The duplex must provide either a
fully deed restricted category 4 unit or an accessory dwelling unit
must be provided for each free market unit. If a deed restricted
unit is provided it must comprise a minimum of 1/3 of the total
floor area of the duplex.
The deed restricted, converted portion of the single family Aley
residence is 798 square feet. The laundry room, which is in-
between the two units, will be shared by both units. with half of
the laundry room, the new deed restricted unit is 39.5% of the
total floor area of the duplex.
Conditional Use Review - Pursuant to section 24-7-304 the criteria
for a conditional use review are as follows:
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Community Plan,
and with the intent of the Zone District in which it is
proposed to be located; and
\1
RESPONSE: The proposed unit is within the existing structure. The
provision of a fully deed restricted affordable dwelling unit is
consistent with the goals of the Aspen Area community Plan.
The Housing Board has reviewed Mr. Aley's proposal and supports the
provision of a category 4 residence on this site.
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
RESPONSE: The surrounding neighborhood is entirely residential.
The home is surrounded by mUlti-family development except for a
single family home above the property. All changes to the
structure are interior. No exterior modification of the building
is being proposed; a second kitchen is the only significant change
to the structure.
C. The location, size, design and operating characteristics of
the proposed conditional use mlnlmlzes adverse effects,
including visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties; and
RESPONSE: The second dwelling unit is completely above grade and
accessed off of the front of the house. Four parking spaces are
provided on the site for the two dwelling units which have a total
of three bedrooms.
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
RESPONSE: Currently a single family residence occupies the site.
No new services are required for the second residence.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by the
conditional use; and
RESPONSE: The second dwelling unit will be deed restricted to
category 4 price and occupancy guidelines.
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.
2
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RESPONSE: The conditional use meets the requirements of the Aspen
Area community Plan and other requirements of this chapter.
RECOMMENDATION: Staff recommends approval of the conditional use
with the following conditions:
1. Prior to the issuance of a Certificate of Occupancy the
applicant shall, upon approval of the deed restriction by the
Housing Authority, record the deed restriction with the Pitkin
County Clerk and Recorder's Office with proof of recordation to the
Planning Department. The deed restriction shall state that the
dwelling unit meets the housing guidelines for category 4 units,
and shall be rented for periods of six months or longer.
2. 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.
3. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
4. The new dwelling unit shall comply with U.B.C.
attenuation requirements and shall be clearly
separate dwelling unit on building plans.
Chapter 35 sound
identified as a
5. Prior to the issuance of a certificate of occupancy, the
Planning Department shall inspect the unit to determine compliance
with the conditions of approval.
6. If the duplex is ever condominiumized a note on the plat and
in the condominium documents shall state that the laundry room
shall be shared between both units or an additional 69.5 square
feet shall be added to the category 4 dwelling unit.
7. Prior to commencing work within the public right-of-way, the
applicant shall consult the city Engineering Department for design
considerations, City Parks Department for vegetation alterations
including tree removal on private property, and shall obtain
permits from the city streets Department for any work or
development within public rights-of-way.
RECOMMENDED MOTION: "1 move to approve the conversion of the
single family residence at 0002 Williams Way to a duplex and the
provision of a category 4 affordable dwelling units."
ATTACHMENTS:
A. Referral Comments
B. site Plan
3
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Memorandum
From:
Leslie Lamont, Planning Office
Cris Caruso, City Engineer ~
To:
Date:
June 16, 1994
RE:
Red House Conditional Use Review for a Duplex
Upon review of the above referenced application and site inspection, the Engineering
Department does not have any substantial concerns or comments, The applicant proposes to
make interior renovations without changing the exterior of the building or disturbing the public
right-of-way,
Any changes to utilities must be coordinated with the appropriate agencies,
In the event that exterior work is planned, prior to commencing work within the public right-of-
way, the applicant shall consult the City Engineering Department (920-8040) for design
considerations, City Parks Department (920-5120) for vegetation alterations including tree
removal on private property, and shall obtain permits from the City Streets Department (920-
5130) for any work or development within public rights-of-way,
94005not.ref
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO:
City Engineer
Housing Director
Building - Stephen Kanipe
Leslie Lamont, Planning Office
Red House Conditional Use Review for a Duplex
Parcel ill No. 2737-074
FROM:
RE:
DATE:
May 4, 1994
Attached for your review and comments is an application submitted by Elizabeth Aley.
Please return your comments to me no later than June 3.
Thank you.
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MEMORANDUM
TO:
Leslie Lamont, city Planner
FROM:
Cindy Christensen, Housing Office
DATE:
June I, 1994
RE:
Red House Conditional Use Review for a Duplex
Parcel ID No. 2737-074-
The Housing Office recommends approval of the applicant's request
as we have already reviewed this specific request and have signed
the deed restriction. The Book and Page number of the recorded
deed restriction should be obtained before building permit
approval. A resolution number approving this request also needs to
be included on the deed restriction to be recorded.
OCCUPANCY DEED RESTRICTION
AND AGREEMENT
FOR AN EMPLOYEE DWELLING UNIT
. .. / 7;""
THIS AGREEMENT ~s made and entered ~nto th~s day of
g, '" l.<. '- , 19tf.:; by Smuggler Hunter Trust
(hereinafter ref red to as "Owner"), whose address is 0002
Williams Way, loc ted in the County of Pitkin, and the Aspen/Pitkin
County Housing Authority, a multi-jurisdictional housing authority
established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL
AGREEMENT recorded in Book 605 at Page 751 of the records of the
pitkin County Clerk and Recorder's Office (hereinafter referred to
as "Authority").
. IT. E 8 8 E T H
WHEREAS, Owner owns real property more specifically described
in Exhibit "A" as recorded in Book 731 at Page 210 of the Pitkin
County Clerk and Recorder's Office which is attached hereto and
incorporated herein (hereinafter referred to as "Real Property"),
which Real Property shall contain a duplex with one side containing
1 bedroom, classifying this as an Employee Dwelling Unit, and will
contain 1~ R net liveable square feet and be a attached to the
principal residence (hereinafter "Employee Dwelling Unit"),
approved by the City Planning and Zoning commission pursuant to
Resolution * , Series 94. For purposes of this Agreement, the
Employee Dwelling Unit, the Real Property, and all appurtenances,
improvements and fixtures associated therewith shall hereinafter be
referred to as the "Property"; and
WHEREAS, this Agreement imposes certain covenants upon the
Property which restrict the use and occupancy of the Employee
Dwelling unit to employees and their families who are employed in
Pitkin County and meet the qualification guidelines established and
indexed by the Authority on an annual basis.
NO., THEREFORE, in consideration of the mutual promises and
obligations contained herein, the Owner hereby covenants and agrees
as follows:
1.
Owner hereby covenants that the Employee Dwelling unit,:,',
described above shall at all times remain a rental unit ancfi,ii
shall not be condominiumized.
The use and occupancy of the fll':yee Dwelling unit shall"
henceforth be limited exclusive y to housing for employees and
their families who are employed Pitkin County and who meet the ,:, "1
definition of "employee" as that term is defined by the
2.
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qualification guidelines established and indexed by the
Authority on an annual basis. Owner shall have the right to
lease the Employee Dwelling unit to a "qualified employee" of
his own selection. Such individual may be an employee of the
Owner, provided such person(s) fulfills the requirements of a
qualified employee.
Q..)I.
OCCU~d by the Owner
usedla guest house or::-
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H,
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3.
The Employee Dwelling unit shall not be
nor shall the Employee Dwelling unit be
guest facility.
4. Written verification of employment of employee(s) proposed to
reside in the Employee Dwelling unit shall be completed and
filed with the Authority by the OWner of the Employee Dwelling
unit prior to occupancy thereof, and such verification must be
acceptable to the Authority.
5. The Employee Dwelling unit shall be required to be rented for
periods of no less than six (6) consecutive months. Upon
vacancy of the Employee Dwelling Unit, the OWner is granted
ninety (90) days in which to locate a qualified employee. If
no employee is placed by the Owner, the Authority may rent the
Employee Dwelling Unit to a qualified employee.
6. The maximum rental rate shall not exceed the Category 114
rental rate as set forth in the Rental Guidelines established
by the Authority and may be adjusted annually as set forth by
the Guidelines. The maximum permitted rent for the unit on
the date of execution of this deed restriction is $
Rent shall be verified and approved by the Authority upon
submission and approval of the lease. Employees shall be
qualified by the Authority as to employment and maximum income
and asset limitations according to the Aspen/pitkin County
Guidelines for Category 4 in effect at the time of approval.
7. Lease agreements executed for occupancy of the Employee ';
Dwelling Unit shall provide for a rental term of not less than"<'"
six (6) consecutive months. A signed and executed copy of the
lease shall be provided to the Authority by the Owner within
ten (10) days of approval of employee(s) for the Employee ,,'"
Dwelling Unit.
8. This Agreement may be removed by the Owner with the approval
of the city Planning and Zoning Commission, subject to the
requirement that the Employee Dwelling Unit is removed or
modified. If modified, the remaining improvements must no
longer be capable of occupancy as a "dwelling unit" and must
meet otherwise applicable code requirements.
9. Unless modified as stated above, this Agreement shall
constitute covenants running with the Real property as a
burden thereon for the benefit of, and shall be specifically
2
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enforceable by, the Authority, the City Planning and Zoning
commission, and their respective successors, as applicable, by
any appropriate legal action including, but not limited to,
injunction, abatement, or eviction of non-qualified tenants.
IN WITNESS HEREOF, the parties hereto have executed this
instrument on this date and year above first written.
OWNER:
Mailing Address:
0002 Williams Way
Aspen, CO 81611
SMUGGLER HU~TER TRUST \-:''--
By: 2-L~v~",L, ~~~
Elizabe Aley, Trustee
STATE OF(;;NllCio
(J,' )
COUNTY OF L4fJ Ll )
The ~(,jegOing instrume~t~as acknowledged before
day of ::;;t,i~7i!IU{'J-- ,19~, by ~linllQtR Hay ilPle
Aley as Trustee~Of Smuggler Hunter Trust.
WITNESS MY hand and official seal.
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ss.
, 107,If
me th1s I....:i..-
Jonathan J.
My Commission expires:
-
Date
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STATE OF COLORADO)
) ss.
County of Pitkin )
The foregoing instrument was acknowledged before
day of February, 1994 by Elizabeth Aley as Trustee
^H er Trust.
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I JEAN 1M commission expires:
':?\.DRtJMMoNO!
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em \
me this 18th
of Smuggler
TNESS my hand and official seal.
My Comii.isslon iJxp!r:l~ December 27, 1994
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ACCEP'l'JUlCB BY 'I'D IIOUtlr_ anmarn
The foregoing agreement and its terms are accepted by the
Aspen/Pitkin County Housing Authority.
THE ASPEN/PITKIN COUNTY
HOUSING AUTHORITY
By:
David J. Myler, Chairman
Mailing Address:
Executive Director
Aspen/Pitkin County Housing Authority
530 East Main, Lower Level
Aspen, CO 81611
STATE OF COLORADO
)
)
)
ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this
day of , 19___, by David J. Mvler.
WITNESS MY hand and official seal.
My Commission expires:
Date
Notary Public
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MAXWELL ALEY
Attorney and Counselor at Law
0002 Williams Way
Aspen Colorado 81611
(303)-925-6500
April 27, 1994
Leslie LalllOnt
Planner
Aspen/Pitkin County Planning Department
130 South Galena Street
Aspen CO 81611
Conditional Use Reapplication for
Red House Duplex Conversion,
0002 Williams Way. Aspen
,
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Dear Ms. Lamont:
Pursuant to our Pre-Application Conference, meeting with David
Toland of the Housing Authority and Stephen Kanipe of the Building
Department, and subsequent telephone conversations, I enclose
herewith seven copies of the Land Use Reapplication for the
conversion of the subject property from a single family residence
to a duplex. We withdrew the original application dated February
14, 1994 because of the surprise to us of the need to pay a park
dedication fee.
p
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I also enclose one copy of the Stryker/Brown Architects Renovation
Drawings prepared for Pitkin County which previously owned the
property.
The reapplication is the same as the original application, except
for the addition of the mortgagee's Consent and Authorization, as
well as the Occupancy and Deed Restriction and Agreeaent for an
Employee unit entered into between the Housing Authority and the
Applicant, which has been executed by the Applicant {Attachment 2,
Par. 6. (a).) I will appreciate you early attention to determining
that the application is complete and scheduling the matter for a
hearing. 'i ~~ii1j"~~;1
If you have any questions, please telephone me immediately.
!tt..erelY,
Maxw::rt~
cc: stephen Kanipe
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JITI:AOIMEUf 1
U\ND USE 1\PPIJ:ClITION F(Ri
,
1) Project Nanc RED HOUSE DUPLEX CONVERSION
2)
project Location
0002 W;";i=lIm~ Wi=lIY. nc::.p~n ('() R'~'l
(irdicate ...L..."et aMress, lot & bloclc nmDer, le<]iU description \oIbere
awropriate)
J)
PreSent Zonin;r R/MFA
,4) IDt size I acre
5) Jlpplicant's Name, l\ddreSS & R1one' Smuqqler Hunter Trust. Elizabeth Aley,
Trustee, OD02 Williams Wav. P.O. Box,5098. ARp~n r.O'Rl~l? 925-6500
6)
Representative's Name, 1Iddress & R10ne =
Mi=lIxwpll nl,oy. n.t-t-nrno~7;:tt- T,aw,
P.O. Box 509S. ARpen CO B]~l?
(,n,) Q?'i_!;'inn
7) 'J:Ype of J\pplication
A Conditional Use
_ SJ:"'<";"1 Revi6t
(please check all tJ:'at apply):
_ 0:1n0:!ptua1 SPA
_ CbnOepb.la1 Historic Lev_
Final SPA
Final Historic pe<.r.
8040 Greenline
_ 0:1n0:!ptua1 roD
Minor Historic Lev.
_ scream Margin
Final roo
Historic Oelrolition
_ Mountain vi6t Plane _ Sul:di~ion .
. ~ ~.
_ Historic Designation
Corrlaniniuniization. _ ~ l\Jnen:lJ=1t
_ Lot Spli1;/IDt Line
Adjustmerrt:
8) Desc:ripticn of E>ci.stirq Uses .(ra.mber ani q.pe of existing st:r:uctures;
awrorimate sq. ft.; nmi:>er of L.";A,,,-=>; any previaJs appr:ova1s granted to the
property) -
~ QQS Allotment
_ ~ ExaIpticn
Single family residence, 2000 square feet, 3 bedrooms
9) Description of Deve1q.ue.t 1Ipplication
(""nnuprc:;nn nT li'~iit t"1Q roomE:, kitchen and bath "to a ~ppi=llri=llt-,o
duplex apartment, which will be deed restricted to Hnnc:ing
Authority Cateqorv 4 affordaflle houRinq unit in RM1"/1I 7"n'" nistrict.,1
. ,
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10) Have you attached the follo.rin:j?
Respo.tSC to Attachment 2, Mininum Srlhn;=ion O::nt:ents
RespoItSC to Attachment J, ~; fie Sl,r.,,;=ion O:lnt:cnts
_ Response to Attachment 4, Review' Starrlards foe Ya.rr lIpplication
v.'
RED HOUSE DUPLEX CONVERSION
0002 Williams Way, Aspen
ATTACHMEMT 2
1. Applicant's letter designating Maxwell A1ey, Attorney at
law, as representative on the subject application is attached
hereto.
2. Mortgagee's Consent and Authorization dated February 24,
1994.
3. The street address of the parcel is 0002 Williams Way,
Aspen, Colorado, and the legal description is attached hereto.
4. Disclosure of ownership of Applicant's parcel is evidenced
by the attached copy of mortgagee title commitment, PCT-8143A3,
showing fee simple title held in the name of Applicant subject to
a first deed of trust to be held by Peter Hershorn (now actually
held), whose consent to the land use application is still in
process.
5. An 8 1/2" x 11" vicinity map locating the subject parcel
within the city limits is attached hereto.
6. (a). Applicant proposes to convert the East 1/3rd of the
existing single family residence on the property into a separate
apartment, making the structure a duplex use without making any
change in the exterior of the present building. See, attached floor
plan sketch of the existing structure and duplex arrangement. A
duplex is a conditional use under the R/MFA zoning applicable to
the property. Furthermore, the Property was deed restricted as
Residence Occupied (R-O) when deeded to the Applicant and will be
subject to Category 4 guidelines (middle income price and occupancy
guidelines) of the Pitkin County Housing Authority, pursuant to the
zoning requirement of section 5-2061.1.C.7. of the Aspen Code, and
a deed restriction to such effect will be recorded for the smaller
unit prior to the issuance of the certificate of Occupancy required
for the remodel ing of the residence. An copy of such deed
restriction is attached hereto showing execution by Applicant.
(b). The zoning contiguous to the property on the North is
R-15A, while the zoning on the East and South is R/MFA-PUD, on the
West side is R/MFA and on the Northwest of the property is pitkin
County PMH.
The proposal complies with the review standards applicable to a
conditional use as follows:
A. The conditional use requested is consistent with the
purposes, goals, objecti ves and standards of the Aspen
comprehensive Plan of providing for the use of land for intensive
long-term residential purposes as mandated by the R/MFA Zone
District in which it is proposed to be located; and
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RED HOUSE DUPLEX CONVERSION (Attachment 2, Page two)
,.1.'
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for
development and the surrounding land uses because on two sides it
is adjacent to the high density centennial Project on the East and
South and the Hunter Creek Condominiums on the West and Williams
Woods PMH on the Northwest, while only on the North side is there
a single family residence; 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 because no exterior modification,,,,,,, ;"
of the building will occur and only one additional kitchen will be
added; 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. There need not be any commitment to
housing because the conditional use will
incremental need for increased employees; and
supply affordable
not generate an
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.
,......
,.,..'......
SMUGGLER HUNTER TRUST
P.O. Box 5098
Aspen CO 81612
(303)925-6500
January 18, 1994
Aspen/Pitco Planning Department
130 So. Galena Street
Aspen CO 81611
Red House Duplex Conversion
in SF residence at 0002 williams Wav. Aspen
As Trustee for the Smuggler Hunter Trust, owner of the subject real
property, this is to inform you that Maxwell Aley, attorney at law,
is hereby designated as our representative to act on our behalf
with respect to the land use application for the duplex conversion.
Sincerely,
SMUGGLER HUNTER TRUST
by ? J, ;cJLP ~]L, API? ~/
Eliza~th Aley~ "Trus
From: Hi-TEe WATER SP~,S 808-944-0400
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FEB 19 '94 33:24PM ASPEN MORTGAGE CAPTL
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loa ~ bMMtticiary of a fir.~ ..... ., t.ru8t ...i_~ 1tJ\.
pa:"OIlany of t.M ......l.r II\UItM' ~t loaab4 at oooa .1111.... ."
Mpel\, COl....., I ....reby,tlOM!""C .. ~ CU1.. ~ aft ..,U..uoa
by tile tnac, tU'CNfb 1~ 1'~,r"lrtatiVll, ..1..4.11 Aley, f. ·
oondl U anal UN dupl.x oonv.-loa ot ~.. aiR!.... I'eIIlll1-T-
aituqted on ~ ..1d p~op.rty.
Dated 'this 1-( clay of ~. 1"4~
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EXHIBIT A
A parcel of land situated in the Southeast 1/4 of Section 7, Township
10 South, Range 84 West of the 6th P.M., pitkin County, Colorado,
being more fully described as follows:
Beginning at a point whence a 1954 brass cap set for the Center 1/4
Corner of said Section 7 bears N 19016'09" W 250.79 feet;
thence S 88048'36" E 139.00 feet;
thence S 01002'42" W 316.81 feet;
thence N 88048'36" W 135.99 feet;
thence N 00030'00" E 316.83 feet to the point of beginning.
COUNTY OF PITKIN, STATE OF COLORADO.
-
TRW
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: 11/16/93
at
08:30 A.M.
Case No. PCT-8143A3
2. Policy or Policies to be issued:
(a) ALTA OWNER'S POLICY-FORM B-1970
(Rev. 10/90)
Proposed Insured:
Amount $
premium$
(b) ALTA LOAN POLICY,
(Rev. 10-17-70 & 10-17-84 OR 10-21.87)
Proposed Insured:
PETER HERSHORN
Amount$ 75,000.00
Premium$ 50.00
Tax Certificate $ 20.00
3. Title to the FEE SIMPLE & LEASEHOLD estate or interest in the
land described or referred to in this Commitment is at the
effective date hereof is vested in:
SMUGGLER HUNTER TRUST
4. The land referred to in this commitment is described as follows:
See Attached Exhibit "A"
countersigned at: PITKIN COUNTY TITLE, INC.
601 E. HOPKINS
ASPEN, CO. 81611
303-925-1766
Fax 303-925-6527
Schedule A-PG.l
This Commitment is invalid
unless the insuring
provisions and Schedules
A and B are attached.
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EXHIBIT A
A parcel of land situated in the Southeast 1/4 of Section 7, Township
10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado,
being more fully described as follows:
Beginning at a point whence a 1954 brass cap set for the Center 1/4
Corner of said Section 7 bears N 19016'09" W 250.79 feet;
thence S 88048'36" E 139.00 feet;
thence S 01002'42" W 316.81 feet;
thence N 88048'36" W 135.99 feet;
thence N 00030'00" E 316.83 feet to the point of beginning.
COUNTY OF PITKIN, STATE OF COLORADO.
TRW
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 of Trust from: SMUGGLER HUNTER TRUST
to the Public Trustee of the County of pitkin
for the use of Cornerstone Capital Ltd.
to secure : $ 75,000.00
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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, enchroachments,
any facts which a correct survey and inspection of the premises would disclose
and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
5. 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 payablej and any tax, special assessment, charge or lien imposed
for water or sewer service or for any other special taxing district.
7. Right of the proprietor of a vein or lode to extract or remove his
ore therefrom, should the same be found to penetrate or intersect
the premises hereby granted as reserved in United States Patent
recorded * in Book 55 at Page 116.
8. Terms, conditions and obligations as set forth in Quit Claim Deed
from John R. williams to David R. C. Brown recorded March 18, 1885
in Book 24 at Page 59.
9. Terms, conditions, restrictions and obligations as contained in
Agreement recorded May 26, 1971 in Book 255 at Page 540.
10. Terms, conditions, obligations, restrictions and all matters as set
forth in U.S. Environmental Protection Agency Administrative Order on
Consent (Docket No. CERCLA VIII-85-06) attached to Deed recorded
March 16, 1988 in Book 559 at Page 19.
11. Restrictions as set forth in Deed recorded March 16, 1988 in Book
559 at Page 19.
12. Terms, conditions, provisions, obligations and all matters as set
forth in Resolution of the Board of County Commissioners recorded *
in Book 598 at Page 690 as Resolution No. 89-68.
13. Terms, conditions, provisions and obligations of P.U.D. Improvements
Agreement recorded November 7, 1989 in Book 606 at Page 717.
14. Terms, conditions, provisions, obligations and all matters as set
forth in Resolution of the Board of County Commissioners recorded *
in Book 648 at Page 306 as Resolution No. 91-56.
(Continued)
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15. Terms, conditions, provisions, obligations and all matters as set
forth in Resolution of the Board of County Commissioners recorded *
in Book 661 at Page 967 as Resolution No. 91-148.
16. Permanent Access & Utility Easement from pitkin County to Pitkin
County recorded February 14, 1992 in Book 669 at Page 420.
17. Restrictions regarding resale, ownership and resale and improvements
and development of the subject property as set forth in Deed recorded
November 15, 1993 in Book 731 at Page 210.
This commitment is invalid unless
the Insuring Provisions and Schedules
A and B are attached.
Schedule B-Section 2
Commitment No. PCT-8143A3
TRW
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ADDITIONAL INFORMATION
AND DISCLOSURES
Exceptions numbered NONE are hereby omitted.
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.
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 an
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 coverage.
NOTE:
Pursuant
(a)
(b)
If the Company conducts the owners' 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".
(c)
to Senate Bill 91-14 (CRS 10-11-122);
The Subject Real Property may be located in a Special Taxing
District;
A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained form the County treasurer of the County
Treasurer's Authorized Agent;
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 anticipated by this Commitment.
This commitment is invalid unless
the Insuring Provisions and Schedules
A and B are attached.
Schedule B-Section 2
Commitment No. PCT-8143A3
~"--
"'--.....
RED HOUSE DUPLEX CONVERSION
0002 Williams Way, Aspen
ATTACHMENT 3
Specific Submission Contents: Development Application
for Conditional Use
A. A sketch plan of the site is attached hereto showing
existing features which are relevant to the review of the
conditional use application, namely, parking and adjacent high
density residential development.
B. The application does not involve development of a new
structure or exterior remodeling of the existing structure and,
therefore, no proposed elevations of the structure are required.
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PUBLIC NOTICE
RE: RED HOUSE CONDITIONAL USE REVIEW FOR A DUPLEX
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, June 21, 1994 at a meeting to begin at 4:30 pm before the
Aspen Planning & Zoning Commission, 2nd Floor Meeting Room, City
Hall, 130 S. Galena, Aspen to consider an application submitted by
Elizabeth Aley, Trustee, Smuggler Hunter Trust, P.O. Box 5098,
Aspen, CO, requesting approval of a Conditional Use Review for a
duplex. The applicants propose to convert the east 1/3 of the
existing single family dwelling into a separate deed restricted
apartment. The property is located at 0002 Williams Way; Southeast
~ of Section 7, Township 10 South, Range 84 West of the 6th P.M.
For further information, contact Leslie Lamont at the Aspen/Pitkin
Planning Office, 130 S. Galena st., Aspen, CO 920-5101.
s/Bruce Kerr. Chairman
Planning and zoning commission
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ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5197
May 4, 1994
Maxwell Aley
P.O. Box 5098
Aspen, CO 81612
Re: Red House Conditional Use Review for a Duplex
Case A15-94
Dear Maxwell,
The Planning Office has completed its preliminary review of the captioned application. We
have determined that this application is complete.
We have scheduled this application for review by the Aspen Planning and Zoning Commission
at a Public Hearing to be held on Tuesday, June 21, 1994 at a meeting to begin at 4:30 p.m.
Should this date be inconvenient for you please contact me within 3 working days of the date
of this letter. After that the agenda date will be considered final and changes to the schedule
or tabling of the application will only be allowed for unavoidable technical problems. The
Friday before the meeting date, we will call to inform you that a copy of the memo pertaining
to the application is available at the Planning Office.
Please note that it is your responsibility to mail notice to property owners within 300' and to
post the subject property with a sign at least ten (10) days prior to the public hearing. Please
submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing
prior to the public hearing.
If you have any questions, please call Leslie Lamont, the planner assigned to your case, at 920-
5101.
Sincerely,
)W11-J'J'\J-
Su~e L. Wolff
Administrative Assistant
apz;.ph
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO:
City Engineer
Housing Director
Building - Stephen Kanipe
Leslie Lamont, Planning Office
Red House Conditional Use Review for a Duplex
Parcel ID No. 2737-074
May 4, 1994
FROM:
RE:
DATE:
Attached for your review and comments is an application submitted by Elizabeth Aley.
Please return your comments to me no later than June 3.
Thank you.