AGENDA
ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
TUESDAY March 1 2011
30 p
4
m Sister Cities Room
CITY HALL
I ROLL CALL
II COMMENTS
A Commissioners
B Planning Staff
C Public
III
MINUTES
IV DECLARATION OF CONFLICT OF INTEREST
V PUBLIC HEARINGS
A 131 Midland Park Residential Design Standard Variance
B Code Amendment
area above grade
VI
Affordable Housing percentage of livable
OTHER BUSINESS
VII
VIII
IX
BOARD REPORTS
ADJOURN
Next Resolution Number 5
7
MEMORANDUM
r
To
Aspen Planning and Zoning Commission
THRU
Jennifer
FROM
Claude Salter Zoning Officer
RE
131 Midland Ave Residential Design Standards Variances Public Hearing
DATE
March 1 2011
Phelan Community Development Deputy
P1
Direct
Applicant MHRJ3 LLC Jennifer and Brian Hermelin
Representative
Joseph Spears
v
Studio B Architects
ri
Zoning R6 Medium Density Residential
Lot Size 5
332 Square Feet
Land Use Single Family Residence
Request Summary The Applicant is requesting two
Variances from certain Residential
Design Standards
the existing singlefamily residence and
131 Midland Ave Existing Front
in order to demolish
Facade
attached garage at 131 Midland Ave and replace it with a new
single family residence and attached garage
Staff Recommendation Staff recommends the Planning and
Zoning Commission require the applicant to achieve some
setback if not the full ten feet as required by the standard
with regard to the garage setback and to deny the first story
element variance request
LAND USE REQUESTS
The Applicant is proposing to demolish the existing residential structures located at 131
Midland Avenue and is requesting the following land use approvals to redevelop the site
with a single family residence and attached garage
Variance approval from the Residential Design Standards pursuant to L
C Section
U
020 D Variances The applicant is requesting variances from L
410
26
C Section
U
040 C
410
26
2 Parking garages and carports requiring the front facade of the
garage or the frontmost supporting column of a carport to be set back at least ten 10
feet further from the street than the frontmost wall of the house and L
C Section
U
040 D
410
26
2 First story element requiring all residential building to have a first
story
street facing
element
P2
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REVIEW PROCEDURE
A variance from the Residential Design Standards shall be approved approved with
conditions or denied after review and consideration during a duly noticed public hearing by
the Planning and Zoning Commission under L
CSections 26
U
020 D Variances
410
PROJECT SUMMARY
The Applicant is proposing to demolish the existing single family residence and attached
garage located at 131 Midland Avenue and replace them with a new single family residence
and attached garage
STAFF ANALYSIS
RESIDENTIAL DESIGN STANDARD VARIANCES
All new structures in the City of Aspen are required to meet the residential design standards
or obtain a variance from the standards pursuant to Land Use Code Section 26
410
Residential Design Standards The purpose of the standards is to preserve established
neighborhood scale and character
ensure that neighborhoods are public places
that each
contribute to the streetscape
home
The proposal has been designed to meet the majority of the design standards The two 2
design standards that are not met by the proposal are 1 Parking garages and carports
requiring the front facade of the garage or the frontmost supporting column of a carport to
be set back at least ten 10 feet further from the street than the frontmost wall of the house
and 2 First story element all residential buildings shall have a first story street facing
element the width ofwhich
comprises
at least
twenty percent 20
of the building
soverall
width and the depth of which is at least six 6 feet from the wall the first story element is
projecting from Assuming that the first story element includes interior living space the
12
P3
height of the first story element shall not exceed ten 10 feet as measured to the plate
height A first story element may be a porch or living space Accessible space whether it is
a deck porch or enclosed area shall not be allowed over the first story element however
accessible space over the remaining first story elements on the front facade shall not be
precluded
Parking garages and carports The parking garages and carport standard requires that all
residential uses that only have access from a public street provide a garage that is set back
from the front facade of the house by at least ten 10 feet as represented in the example
below which is in the Land Use Code
Figure 2 Garage setback
1
J
AVOW
fy
1
The intent of the requirement is to minimize the presence of
garages and carports as a lifeless part of the streetscape where
alleys do not exist As proposed Figure 3 the new residence
s
garage is flush with the frontmost wall ofthe house
Figure 3 Proposed garage setback
6
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There are two review standards that the applicant is required to meet if the Commission is to
grant a variance from the standard Section 26
020 D
410
2
a Provide an appropriate design or pattern of development considering the context in
which the development is proposed and the purpose of the particular standard In
evaluating the context as it is used in the criteria the reviewing board may consider
the relationship of the proposed development with adjacent structures the immediate
13
P4
neighborhood setting or a broader vicinity as the board feels is necessary to determine
if the exception is warranted or
b Be clearly necessary for reasons of fairness related to unusual site specific
constraints
Staff Finding As shown in neighborhood photos within the application Exhibit A Staff
feels that the Applicant
srequest to vary the set back requirements of thegarage is consistent
with the context in which the development is proposed as the neighborhood in which the
development isproposed is inconsistent at best with regard to garage location and provides
examples ofgarages that are flush with the facade of the building however by locating the
garage as proposed greater prominence to the garage is created that does not reflect the
intent ofthe design standard The lot has the space to meet the intent ofthe standard and is
not unduly burdened with an unusual site specific constraint There exists an opportunity to
meet the intent by either moving the location ofthe garage moving the garage element closer
to the side yard setback and
or moving thefrontmost wall of the house closer to the front
yard setback Staff is recommending that the applicant amend the plan and provide some
attempt at meeting the standard Stafffind only one of the two criterion met
First story element The first story element standard requires that all residential buildings
shall have a first story street facing element the width of which comprises at least twenty
percent
20
of the building
s overall width and the depth of which is at least six 6 feet
from the wall the first story element is projecting from Assuming that the first story element
includes interior living space the height of the first story element shall not exceed ten 10
feet as measured to the plate height A first story element may be a porch or living space
Accessible space whether it is a deck porch or enclosed area shall not be allowed over the
first story element however accessible space over the remaining first story elements on the
front facade shall not be precluded
Figure 4 First story element
The project as proposed has a porch element
which
requirements
11 El
the
meets
of the
depth
and
width
first story element
standard however it is recessed below the
second story and does not meet the first story
element
standard
that
there
shall
not
be
accessible space allowed over the first story
element
Again there are two review standards that the applicant is required to meet if the
Commission is to grant a variance from the standard Section 26
020 D
410
2
a Provide an appropriate design or pattern of development considering the context in
which the development is proposed and the purpose of the particular standard In
evaluating the context as it is used in the criteria the reviewing board may consider
the relationship of the proposed development with adjacent structures the immediate
neighborhood setting or a broader vicinity as the board feels is necessary to determine
if the exception is warranted or
14
P5
b Be clearly necessary for reasons of fairness related to unusual site specific
constraints
Staff Finding The residential design standards require certain building elements to be
provided to ensure that each residential building has streetfacing architectural details and
elements which provide human scale to the facade enhance the walking experience and
reinforce local building traditions Stafffeels the design of the entry could be amended to
provide the required first story element without removing significant portions of the second
level A one story element such as an entryway provides an appropriate domestic scale for a
private residence The proposed project is not situated on a lot with unusual site specific
constraints Staff does notfind the criterion met
STAFF RECOMMENDATION
In reviewing the proposal Staff believes that the request does not meet the variance review
standards that are set forth in Land Use Code Section 26
040 D Variances Staff
410
recommends the Planning and Zoning Commission require the applicant to achieve some
setback if not the full ten feet as required by the standard with regard to the garage setback
and to deny the first story element variance request
RECOMMENDED MOTION ALL MOTIONS ARE IN THE AFFIRMATIVE
I
move
to approve Resolution No
Series of 2011 approving two variance requests
from the Residential Design Standards to construct a single family residence located at 131
Midland Ave
ATTACHMENTS
Exhibit A
Application
15
6
P
Resolution No
SERIES OF 2011
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING RESIDENTIAL DESIGN STANDARD VARIANCES TO
CONSTRUCT A SINGLE FAMILY RESIDENCE AND ATTACHED GARAGE AT
131 MIDLAND AVENUE CITY OF ASPEN PITKIN COUNTY COLORADO
Parcel No
WHEREAS the Community Development Department received an application from
MHRJ3 LLC Jennifer and Brian Hermelin requesting Variance approval from certain
Residential Design Standards for the construction of a single family residence and attached
garage located at 131 Midland Avenue and
WHEREAS
the
Community
Development
Department
Staff reviewed
the
application for compliance with the Variance Review Standards and
WHEREAS upon review of the application the applicable Land Use Code
standards the Community Development Director recommended approval of the Variances
from two Residential Design Standards
Parking garages and carports Land Use Code
Section 26
040 C
410
2 and First story element Land Use Code Section 26
040 D
410
2
finding that the review standards for the requests have been met and
WHEREAS the Aspen Planning and Zoning Commission has
reviewed and
considered the development proposal under the applicable provisions of the Municipal Code as
identified herein has reviewed and considered the recommendation of the Community
Development Director and has taken and considered public comment at a duly noticed public
hearing and
WHEREAS the City of Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that the
approval of the development proposal is consistent with the goals and objectives of the Land
Use Code and
WHEREAS the Planning and Zoning Commission approves with conditions the
noted Variance requests to construct a single family residence at 131 Midland Avenue by a
vote of
to
and
WHEREAS the City of Aspen Planning and Zoning Commission finds that this
Resolution furthers and is necessary for the promotion of public health safety and welfare
NOW THEREFORE BE IT RESOLVED by the Commission
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code
the Planning and Zoning Commission hereby approves variances from the following two
Residential Design Standards
Page
1 of 5
P7
C Section 26
U
L
040 C
410
2 Parking garages and carports requiring the front
facade of the garage or the frontmost supporting column of a carport to be set back at
least ten 10 feet further from the street than the frontmost wall of the house The
specific review standard language reads The front facade of the garage or the front
most supporting column of a carport shall be set back at least ten 10 feet further
from the street than the front most wall of the house
and
C Section 26
U
L
040 D
410
2 First story element requiring all residential buildings to
have a first story street facing element The specific review standard language reads all
residential buildings shall have a first story street facing element the width of which
comprises
at least twenty
percent 20
of the building
soverall width and the depth
of which is at least six 6 feet from the wall the first story element is projecting from
Assuming that the first story element includes interior living space the height of the
first story element shall not exceed ten 10 feet as measured to the plate height A
first story element may be a porch or living space Accessible space whether it is a
deck porch or enclosed area shall not be allowed over the first story element
however accessible space over the remaining first story elements on the front facade
shall not be precluded
The Planning and Zoning Commission has determined the variance requests meet the review
criteria outlined in L
C Section 26
U
020 D
410
2 These approvals shall permit the
Applicant to construct a single family residence with an attached garage located at 131
Midland Avenue as represented at the public hearing held March 1 2011
Section 2
The building permit application to develop the above mentioned residence shall include a
copy of the final PZ Resolution All other requirements to develop a single family
residence shall be submitted as part of the building permit application including but not
limited to adopted building and fire codes relevant standards within the Aspen Municipal
Code such as engineering and water system standards Aspen Consolidated Sanitation
srules and regulations etcetera
District
Section 3
This resolution shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided and the same shall be conducted and concluded under suchprior ordinances
Section 4
If any section subsection sentence clause phrase or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction such portion shall be
deemed a separate distinct and independent provision and shall not affect the validity of the
remaining portions thereof
Section 5
All materizl representations and commitments made by the Applicant pursuant to the
developme t i oposal approvalsandas herein awarded
whether inhereby
public incorporated
hearing or documentation
in such plan
Commission
presented
before the
Planning
Zoning
are
P8
development approvals and the same shall be complied with as if fully set forth herein unless
amended by an authorized entity
APPROVED by the Commission at its meeting on March 1 2011
APPROVED AS TO FORM
PLANNING AND ZONING
COMMISSION
City Attorney
Stan Gibbs Chair
ATTEST
Jackie Lothian Deputy City Clerk
List of Exhibits
Exhibit A Site plan representing approved variance from garage setback
representing approved variance from first story element
Exhibit B elevations
A
NikR
e
P
E
M
501 Rio Grande Place
Suite 104 t
S
T
a
r
U
I
D
B
O
Aspen CO 81611
Phone
9428
920
970
c
h
i
t
e
c
t
s
Fax 970
7822
920
tter
Summary Le
Hermelin Residence
Project
Contact
Joseph Spears Studio B Architects
Date
Time
Location
CC
1 26
11
131 Midland Ave
We are requesting a variance form
Section 26
b The front facade of the garage or the front
CX2
040
410
most supporting column of a
carport shall be set back at least ten 10 feet further from the streetthen the front
most wall ofthe house
Based on the attached diagram it is clear to us that the design guidelines in this case do not help
protect the pedestrian and neighborhood experience The constraints on this site and the guidelines
actually force the garage to be located as a central and predominant element to the house along with
the driveway Allowing the garage closer to the frontmost facade would allow the garage to be located
more to the side and screened by existing trees This would allow a more predominant front door
entrance and porch area instead of driveway and garage We also took a look at the other homes
along Midland and many houses have garages that also don
tconform to the guidelines Many lots in
the eastend have irregular shapes which has attributed to the neighborhood less organized layouts
This lot is no exception
Refer to Diagram 1
Existing neighborhood photos
Section
2
D
040
410
26
First story element All residential buildings shall have a firststory street
facing element the width ofwhich comprises at least twenty 20 percent ofthe building
soverall width and
the depth of which is at least six 6 feet from thewall thefirst story element is projecting from Assuming
that the first story element includes interior living space the height of the first story element shall not
exceed ten 10 feet as measured to the plate height A firststory element may be a porch or living space
Accessible space Whether it is a deck porch or enclosed area shall not be allowed over the first story
element however accessible space over the remaining first story elements on the front facade shall not
be precluded
We feel that we have addressed the firststory element by create a recessed entry porch which comprises 25 of
the buildings overall width The recessed porch is 6 deep It is our understanding that this requirement is in place
to keep residential structures from being a two
story facade without relating to the scale of the different levels of the
building We have addressed this very well by extending the second level over the firststoryofcreating
a clear visual
two visible
break that
brings
down the scale of the house and enhances the viewers
perception
one
story
elements that relate to the pedestrian scale To meet the grade challenges on the site we have dropped the
recessed porch by 14 below the driveway level Therefore the firststory plate height appears from the front
elevations to be 9 6 but from the recessed porch is 10
9 In order to meet the guideline that requires that there be
no endosed area over the firststory element we would need to remove a significant portion of the second level
and with the tightness of the site would make it un functional We did try to extend a canopy out from the recessed
porch however due to the tightness of the site we have located the front of the building directly on the front setback
In orderto create any usable backyard and this limits the canopy to 10
Refer to Elevations Physical Model
Existing neighborhood photos
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ATTACHMENT3
DIMENSIONAL
Project
Applicant
M
Gr
t
10
ap
Location
Zone District
10
S341
REQUIREMENTS
FORM
c sideAr
Ikn
M
ait 4 c
Art Ca 71141
Orr
IQ 6
Lot Size
Lot Area
32
rF
for the purposes of calculating Floor Area Lot Area may be reduced for areas
within the high water mark easements and steep slopes Please refer to the
definition of Lot Area in the Municipal Code
Commercial net leasable
Number of residential units
Number ofbedrooms
Proposed
7A
4
Existing
Existing
Existing
in
Proposed
Proposed
Proposed
f
V
of demolition Historic properties only
DIMENSIONS
Floor Area Existing 2
1 Z7 Allowable 2 9 R Proposed Z 8i
Principal bldg height
Access
bldg height
Existing
Site parking
On
Existing
Site coverage
Existing
Open Space
Front Setback
Allowable
2u
r
Allowable
Z
Proposed
Proposed
L
Required
Proposed
Required
Proposed
Existing
aryl Required
Existing
Existing
Combined Sides
Existing
Z7
r
I
2
Required
0
0
I
Required
Existing
g
Side Setback
N
t
y o Required
S
Required
Proposed
Proposed
St
7
r
Required
Proposed
Proposed
Proposed
Existing non conformities or encroachments
SSip
es
Seekva
26 410 OLIO cc Z
Z6 H 040
tj
Proposed 7
Required
Existing
0
Proposed 0
Buildings
requested
2
Existing
Combined FIR
Variations
2 41
Proposed 33
Existing
Distance Between
r
Required
Rear Setback
Side Setback
73
Existing
D
2
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Pavmeut of Cite of Aspen Development Application Fees
CITY OF ASPEN hereinafter CITY and
z
41 lbeci
hereinafter APPLICANT AGREE AS FOLLOWS
1
APPLICANT
has
stbmittcd to CITY an pplication for
at
e
tin
hit
fir
fltc
hereinafter THE PROJECT
2
APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land
Use applications and the payment of all processing fccs is a condition precedent to a determination of application
completeness
3
APPLICANT and CITY agree that because of the size nature or scope of the proposed project it
is not possible at this time to ascertain the fill extent of the costs involved in processing the application
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis
APPLICANT agrees additional costs may accrue following their hearings and
or approvals APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they am necessary as costs are incurred CITY agrees it will be benefited through the greater certainty
of recovering its MI costs to process APPLICANT
S application
4
CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Historic Preservation Commission Planning and Zoning
Commission or
and City Council to enable the Historic Preservation Commission Planning and Zoning
Commission and
or City Council to make legally required findings for project consideration unless current billings
are paid in full prior lo decision
5
Therefore APPLICANT agrees that in consideration of the CITY
swaiver of its right to collect
full fccs prior to adetermination of application completeness APPLICANT shall pay an initial deposit in the
G
hours of Community Development staff time and if actual
tsrpr which is for
recorded costs exceed the initial deposit APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above including post approval review at a rate of 5245
00
amount of S
per planner hour over the initial deposit Such periodic payments shall be made within 30 days of the billing date
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing and
in no case will building permits be issued until all costs associated with case processing have been paid
CITY OF ASPEN
APPLICANT
e
By
Chris Hendon
Community Development Director
By Sst pi 40titrt Mig0
0 b aro
1
Date
0
Billing Address and Telephone Number
P
by
an
a
dub Ala
ta
Mr
1ehk
470tr
I
ATTACHMENT 2 LAND USE APPLICATION
PROJECT
e idence
l4t trot e
IVl
Nance
M erte
Y
13
Co RAS
Oa
Indicate street address lot block number lega des riptionwhere appropriate
Location
Parcel ID
A
REQUIRED
27 3 71
7
M701
APPLICANT
p
lriaet
Name
Address
Rimy
2Oa
2
t
Phone
Z S1
bitepmelivt
er
7 Rei
Jets n
4
r
gay 4ant StnvS alt 44932
5147 87 240
REPRESENTATIVE
as
cl
Name
Address
601
Phone
0
reitsleets
b
0
Rid
11 nig C
770 9e
TYPE OF APPLICATION please check all that apply
e
Sai
set
r
two
2
PUD
Drip Co NW
GMQS Exemption
Conceptual
GMQS Allotment
Final PUD
Special Review
Subdivision
Conceptual SPA
ESA
Subdivision Exemption includes
condonliniumization
Final SPA
Commercial Design Review
Lot Split
Small Lodge Conversion
Residential Design Variance
Lot Line Adjustment
8040Greenline
Stream
Margin Hallam Lake Bhiff
Temporary Use
PUD Amendment
Map Amendment
Text
SPA
Amendment
Mountain View Plane
Expansion
o
t
Other
Conditional Use
EXISTING CONDITIONS description of existing buildings uses previous approvals etc
1
I
I
Q
fontay
home
I
I
t e7Z 7
i
I
PROPOSAL description of proposed buildings uses modifications etc
Have you attached the
following
Al
FEES DUE S Pi
PreApplication Conference Summary
Attachment 1 Signed Fee Agreement
Response to Attachment 3 Dimensional Requirements Fonn
Response to Attachment 4 Submittal Requirements Including Written Responses to Review Standards
3 D Model for large project
All plans that are larger that 8
5 X 11 must be folded A disk with an electric copy of all written text
Alicrosoft Word Format must be submitted as part of the application Large scale projects should inchtde an
electronic 3
model Your preapplication conference summary will indicate if
you
must submit
a
3 1 model
ATTACHMENT3
DIMENSIONAL REQUIREMENTS FORM
Reri
Project
I
ilat p
Applicant
Re S
e
Location
Zone District
Lot Size
anff
i
A
a
Mh
a
n6
rot n
R
24S
S32
Lot Area
for the purposes of calculating Floor Area Lot Area may be reduced for areas
within the high water mark easements and steep slopes Please refer to the
definition of Lot Area in the Municipal Code
Commercial net
leasable
Number of residential units
Number of bedrooms
Proposed
VA
Existing
Existing
Existing
3
Proposed
Proposed
Proposed
V
4
r
9
of demolition Historic properties only 7
A
DIMENSIONS
Floor Area Existing14
9 Allowable p a Proposed 2
2
77
Principal bldg height Existing
Access
Existing
i
Allowable
parking Existing
3
Required
bldg height
On Site
23 f Allowable 25 r
Site coverage
Existing
Open Space
Existing
z7
t
yr
Proposed
Z
Z
Required
Proposed
Required
D
Proposed Z
Required
D
Proposed
Rear Setback
Existing
Combined RR
Existing
Required
Side Setback
Existing
i
Required
S
r
Side Setback
Existing
S
5
Combined Sides
Existing
Required
4
0
2
Proposed
Proposed 6
p8
Proposedn
Required
Existing
Proposed
Proposed 33
0
Existing
Distance Between
i
Required
Front Setback
Z
Proposed a r 14
Proposed
Required
Proposed
Buildings
Existing non conformities or encroachments
Variations requested
ea
1
t
d coal
C
n
eredaiA
Clmn
CITY OF ASPEN
PRE APPLICATION CONFERENCE SUMMARY
PLANNER
Jennifer Phelan
PROJECT
131 Midland Ave
DATE
REPRESENTATIVE
Joseph Spears Studio b Architects
2010
20
10
DESCRIPTION
The Applicant is proposing to demolish the existing dwelling and redevelop the lot with a single family
residence The new residence is required to meet certain residential design standards and the
representative is requesting a variance from Section 26
b
2
C
040
410
Relevant Land Use Code Section
s
306
26
Common Development Review Procedures
040
410
26
Residential Design Standards
Below is a link to the Land Use application Form for your convenience
pdf
landuseappform
41
depts
pdfs
com
aspenpitkin
www
http
below is a link the Land Use Code for your convenience
com Departments Community Development
aspenpitkin
www
http
Planninq and Zoninq Title 26
Land UseCode
Review
by
Community Development for completeness Planning and Zoning Commission
hears the case
Public
Hearing
Planning Fees
Yes before the Planning and Zoning Commission
470 This includes six 6 hours of staff time Additional staff hours if
1
00
needed will be billed at 245 per hour
Referral Fees
A
N
Total
470
1
00
Deposit
To apply submit the following information
Completed Land Use Application and signed fee agreement
Pre application Conference Summary
sname address and telephone number in a letter signed by the applicant which
Applicant
states the name address and telephone number of the representative authorized to act on
behalf of the applicant
Street address and legal description 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
Total deposit for review of the application
10Copies of the complete application packet and maps
7
n 8 1
2 by 11 vicinity map locating the parcel within the City of Aspen
2 Site improvement survey including topography and vegetation showing the current status
including all easements and vacated rights of way of the parcel certified by a registered land
surveyor licensed in the state of Colorado This requirement or any part thereof may be
waived by the Community Development Department if the project is determined not to warrant
a
survey document
A written description of the proposal and an explanation in written graphic or model form of
how the proposed development complies with the review standards relevant to the
development application
Applications shall be provided in paper format number of copies noted above as well as the
text only on either of the following digital formats Compact Disk CDpreferred Zip Disk or
Floppy Disk Microsoft Word format is preferred Text format easily convertible to Word is
acceptable
Disclaimer
The foregoing summary is advisory in nature only and is not binding on the City The summary is
based on current zoning which is subject to change in the future and upon factual representations
that may
or
may not be accurate The summary does not create
a
legal
or
vested
right
1
p
A 27 10 11
06a
501 Rio Grande Place
Suite104
U
7
Aspen CO 81611
Phone 970
9128
020
I
E
n
i
1
l
Fax 970
7822
020
Nitticrted tepre9en
Project
Hermelin
Jennifer Phelan
To
Date
Residence
Loc atiori
Cony
Development
10
131 Midland Ave
Aspen Colorado 81611
Brian and Jennifer Hermeln whose address is 131 Midland Ave Aspen Colorado 81611 give
authorization for Studio B Architects whose address is 501 Rio Grande Place4 spen Colorado 81611
to act as heir representative through the process of applying for a variance from The Aspen
Residential Design Standards Section 040
410
4
26
b
2
r
tic
B n
ermefn
e
Date
1
Jennife
Date
lin
j
1
7
1
Studio B Architects
r
l
Ia
rLG
DateIO
I
I
1
I
I
I
i
ALTA OWNER
SPOLICY 1017 92
POLICY OF TITLE INSURANCE ISSUED BY
STEWART
TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE TFIE EXCEPTIONS FROM COVERAGE CONTAINED IN
THE CONDITIONS AND S71PULATIONS STEIVART TITLE GUARANTY COMPANY a Texas
SCHEDULE B AND
corporation herein called the Company insures as of Date of Policy shown in Schedule A against toss or damage not
I
exceeding the Aniotmt of Insurance stated in Schedule A sustained or incurred by the insured by reason of
I
2
3
Title to the estate or interest described in Schedule A being vested other than as stated therein
Any defect in or hen or encumbrance on the title
Unmarketability of the title
A
Lack of a right of access to and from the land
The Company will also pay the costs attorneys fees and expenses incurred in defense of the title as insured but only to the
extent provided in the Conditions and Stipulations
IN WITNESS WHEREOF Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly
authorized officers as of the Date of Policy shown in Schedule A
STEWART TITLE
GUARANTY COMPANY
Chaim
r
ta
A
yd
te
rOlt
tin
wev im jo
Countersigned
1
Authorized
4
CounterSlgna
F
Stewart Title of Aspen Inc
020 Gast I Iopkms Avenue
Aspen CO 816
970i92
EXCLUSIONS FROM COVERAGE
rtie following matters arc expressly excluded Rom the coverage of this pulley and the Company will not pay loss or damage cost attorney fees or expense
which arise by reason of
1
a Any lam ordinance or governmental regulation including bul not limited to budding and zoning laws ordinances or regulations rewriting
regulating prohibiting or relating to 0 the occupancy use or enjoyment of the land n the character dimensions or location of any improvement now or
hereafter erected on the land m a separation in ownership or a change in the dimensions Of area of the land ot any parcel ofwhich the land is or was 1 pail
or ivenvironmental proleclion or the effect ofany violation of these laws ordinances or governmental regulations except to the extent that a nonce of the
enforcement thereof or a notice of a defeat ten or encmnhrarce resulting rum a violation or alleged violation affecting the land has been recorded in the
public records al Dale of Policy
b Any goscrnmental police pnsser not excluded by a above except to the extent that I notice ofthe exercise thereof or a notice ofa defect lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date ofPolicy
1 Rights of eminent domain unless nonce of the exercise thereof has been recorded in the public records at Daie of Policy but not excluding from coverage
any faking which has occund prior to Date of Policy which would be binding on the tights ofo purchaser for value without knowledge
Defects hens encumbrances adverse claims or other matter
sal created suffered assumed or agreed to by the insured claimant
b not known to the Company not recorded in she public records at Dale of Policy but knmro lo the insured claimant and not disclosed in oiling 10
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy
c resulting in no toss ur damage to the insured claimant
id attaching or created subsequent to Date of Policy or
re resulting in los or damage which would not have been untamed if the Insured claimant had paid value for the estate so interest insured by this
policy
Serial No 09702 359407
Pa I old AI TA OW ibR
S Ol Ill It
l92
n
i
0
I
Illw
4 Any chins which arcs out of the transaction vesting in the Insured the estate or interest insured by slut policy by reason of the operahm of federal
bankruptcy state msohxney or similar creditors rights laws that is lased m
clion creating the estate or interest insured by this policybeing deemed a fraudulent convey
a the lrans
nce or fraudulent transfer or
bthe nnsaetim creating the unite nr interest insured by this policy being deemed a preferential transfer except where the preferential Transfer results
from the failure
I
0 to lately record the instrument oftransfer or ti ofsuch recordation to impel notice to a purchaser fur value or a judgment ur lien
creditor
I
CONDITIONS AND STIPULATIONS
L DEFINITION OF TEIt
1X
I
i
I
The following terms when used in this policy mean
a Insured the insured named in Schedule A and subject to any rights or defenses the Company would have had against the minted insured those
who succeed to the interest of the named insured byoperation of law as distinguished from purchase including but not limited lo heirs dismtulces devisees
sun personal representatives next of kin Or corporate or fiduciary successors
ivors
b insured claimant an insured claiming loss or damage
c knowledge or known actual knowledge not constructive knowledge of notice which may be imputed to an insured by reason of the public
records as defined in this policy or any otter records which impart constructive melee of matters affecting the land
d land Ihe lend described or referred to in Schedule A and improvements affixed thereto which by law constitute real prnperty The term land
dots not Include any property beyond the lints of the area described or referred lo in Schedule JAJJCJ nor any right tide inhered estate or easement in
abutting streets roads avenues alleys lanes ways or waterways but nothing herein shall modify or limit the extent to wticks right ofaccess to and from the
land is insured by this policy
e mortgage mortgage deed oftrust Must deed or usher scarily instrument
public records records established under slate statutes at Part of Policy for the purpose ofimparting constructive notice of natters reaming to real
fl
I
property to purchasers for value and without knowledge With respect toSalim 1
ivOf the Exclusions From Coverage
a
publie records shag also include
environmental protection liens Oled in the records of the clerk ofthe United States district court for the district in which the hnd is loaded
g unnarketabigly of the title an alleged or apparent muter affecting the lick to the land not excluded or excepted from coverage which mold
entitle a purchaser ofthe estate cr interest described in Schedule A to be released from the obligation to purchase by virtue ofa rnnlrectual condition
requiring the delivery ofmarketable title
tONTI
YCATION OF NSI
RANCE AFTE CONVEYANCE OF TITLE
The coverage of this policy shall continue In force as of Dale of Policy in favor of a
n insured only so long n the insured retains an estate or interest in
the land or holds an Indebtedness secured by o purchase money mortgage given by a purchaser from the Insured or only so Icng as the insured shall have
liability by reason of covenants of wwnanly made by the insured in any transfer or conveyance of Ihe estate or interest This policy shall not continue in force
in favor ofany purchaser from the insured ofeither 0 an estate or interest in the land or iii en indebtedness secured by a purchase money mortgage given to
the insured
3 NOTICE OF CLAIM TO DE GIVEN OY INSURED CLAIMANT
The insured shall notify the Company promptly in writing f0 in case of any litigation as scl forth in Section 4
abelow n in ease knowledge shell
corns to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest as insured and which might cause loss or
damage for which the Company may be liable by virtue of this policy ur iii if title to the estate or interest as insured Is rejected as unmarketable Ifprompt
notice shall of be given to the Company then
as
to the insured all
liability of Ihe Company shall
terminate wish
regard
to
the nutter
or
matters for which
I
prompt notice is required provided however that failure to notify the Company shall in no case prejudice the rights of a
ny insured under this policy unless
the Companyshill be prejudiced by the fa
ilure and then rely to the extent of the prejudice
4DEFENSE AND PROSECUTION OF ACTIONS DITTY OF INSURED CLAIMANT TOCOOPERATE
al ltpon WTi
lten Iequcst b
y the insured and sohject m Ihe options contained In Serum 6 of these l
nndrtmm and Slipohhons Ihe Company at its awn
cost and without unreasonabl delay shall provi for Ihe del
ense ofan insured in litigation in which any third pang asserts a claim adverse to Ihe title or
interest as Insured but only as to those stated causes of action alleging a defect lien or encumbrance or other matter insured against by this policy me
I
Company shall have the right to select counsel of its choke subject to the right of the insured to object fcr reasonable cause to represent the insured as to
those staled causes of action and shall not be liable for and will not pay the fees ofany other counsel The Company will not pay any fees costs or expenses
incurred by the insured In the defense of those causes ofaction which allege matters not insured against by this policy
b The Company shall have theright at its own cost lo institute and prosecute anyaction or proceeding or to do any other act which in its opinion may
1
be necessary or desirable to establish the title to the estate or interest as insured or in prevent or reduce loss or damage to the insured The Company mayuke
any appropriate action under the terms of this policy whether Or not it shall be liable hereunder and shall not hereby concede liability or waive any provision
of this policy Ifthe Company shell exercise its rights under this paragraph it shall do so ditigeetly
c Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy the Company
may pursue any Iitiplicm to final determination by acourt of competentjunsdiction and expressly reserves the right in its sole discretion in sepal from any
adverse judgment or older
d In all arcs when this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding the insured shell
secure to she Company the right to so prosecute or provide defense in the action or proceeding and all appeals therein and permit the Company to use at iu
option the name of the insured for Ihis purpose Whenever requested by the Company the insured at the Company
sexpense shall give the Company all
reasonable aid 1 in any action or proceeding securing evidence obtaining witnesses prnscculing nt defending the action or proceeding or effecting
settlement and ii M any other lawful act which in the opinion of the Company may be necessary or desinbk to establish the title to the estate or interest as
insured IfIhe Company is prejudiced by the failure of the insured to furnish the required cooperation the Company
sobligations to the insured under the
1
policy shall terminate including any liability or obligation to defend pmsecule or continue any litigation with regard to Ihe miner or mil
lers requiring such
cooperation
I
IL
Serial No 0 9701
359407
Page 2 o AffA S
OWNER POLICY 10
92
17
1
I
1
5 PROOF OF LOSS OR nA IACE
In addition to and aler the notices required under Section 3 os these Condi buns and Stipulations hose been provided the Company a proof of loss yr
damage signed and nom to by the Insured claimant shall be famished to the Company within 90 days after the insured claimant shall a
cutam the Pan
to
the loss
or
damage The proof of loss or damage shah descnbe the defect
in
or
hen
or
encumbrance
an
the title or other
maser
giving rise
I
by this policy which constitutes the basis of loss or damage and shall state to the extent possible the basis of calculating the amount of the loss or damage It
the Company is prejudiced by the allure of the insured clamant to provide the required proof of tin 01 damage the Company
s obligations to she insured
under the policy shall terminate including any liability or obligation to defend prosecute or continue any litigation with regard to the mater or nutters
I
I
insured gauss
i
requiring such proofof loss or damage
i
In addition the insured claimant may reasonably he Nutted to submit n examination under oath hy any authorzed representative of the Company end
shall product for examination inspection and copying at such rcasonaby loon and places as may he designated by any authorized representative of the
Compaq ell records books kdgeas checks correspondence and memoranda whether bearing date before or after Dale ofPolicy which reasnnahlypram
the loss or damage Further if requested by any authonzed representative of the Company the insured claimant shall grant its permission in waiting for
any authorized representative of the Company to examine Inspect and copy all record books kdgers checks correspondence and memoranda rn the custody
br control of a third party which reasonably pertain In the loss or damage All information designated as confidential by the insured claimant provided to the
i
to
Company pursuant to this Section shall not be disclosed to others unless in the reasonable judgment of the Company u u necessary in the administration of
I
the claim Failure orthe insured claimant to submit for examination under oath produce other reasonably requested information or grant permission in secure
reasonably necessary info n atinn from Third parties ere required in this paragraph shall terminate any liability of the Company under this policy as so that
I
clam
6 OPTIONS
In
II
I
case
of
a
TO
PAY OR OTHERWISE SETTLE
claim under this
policy the Company shall
CLAIMS TERMINATION OF LIABILITY
have the following additional
1I
options
I
a To Pay or Tender Payment of the Amount of Insurance
1 To pay or tender payment o
Ihe amount ofinsurance under this policy together with any cosh attorneys fees old expenses incurred by the insured
claimant which were authorized by the Company up In the time of payment or tender ofpaynxnt and winch the Company is obligated to pay
il Upon the exercise by the Company of this option all Lability and obligations lo the insured under this policy other than to make the payment
required shall terminate Including any liability Or obligation to defend prosecute or continue any litigation and the policy shall be surrendered to the
Company for cancellation
I
11
I
IliTo Pay or Otherwise Settle With Panics Other than the Insured or With the Insured Claimant
s to pay or otherwise settle with other parties for or In the name ofan Insured claimant any claim insured against under Ihrs policy together with any
cons ettomeys fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the
Company is obligated topay or
00 to pay or otherwise settle with the Insured claimant the loss Or damage provided for under this policy together with any costs atloneyi fees and
expenses incurred by the insured claimant which vac authorized hy the Company up to the time of payment and which the Company is obligated to
pa
I
Upon the exercise by the Company of either of the options provided for in paragraphs NO or Ut the Company
sobligations to the insured under this
policy for the claimed loss or damage other Than the payments required to be rude shall remlinate including any liability or obligation to defend
prosecute or ecniinue any litigation
7 DETERMINATION EXTENT OF LIABILITY AND COINSURANCE
This policy u a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured clamant who has suffered loss or
damage by reason ofmatters insured against by this policy and only to the extent herein descnbed
a The liability of the Company under this policy shall not exceed the las of ithe Amount of Insurance stated in Schedule A et 01 the difference
between the value of the insured estate us interest as insured and the value ofthe insured estate or interest subject to the defect lien or encumbrance insured
again by this pokey
N In the event the Amount of Insurance slated in Schedule A al the Date of Policy a less than SO percent ofthe value of the insured estate or interest or
the full consideration paid for the land whichever is less or ifsubsequent to the Date of Policy an improvement is erected on the land which Increases the
value of the insured estate or interest by at last 20 percent over the Amount of Insurance staled in Schedule A Then this Policy is subject to the following i
When no subsequent improvement has been made as to any partial foss the Company shill only pay the fuss pro rain in the proportion that the amount of
msumnce
as In pity
al
Date of
Policy bean
partial loss
m
the naqun
at Dale of
the total value of the insured s
e
tate or
Policy or ii w here a cubscqusnt Improvement has been made
only pay the loss pm eta m the proportion That 120 pemem of the Aof Insurance sated m Schedule A bean to
shall
interest
r
the sum of the Amount of Insurance stated in Schedule A and the amount expended for du improvement ilia provisions of This paragraph shall not apply to
costs attorneys fen and expenses for which the Company is liable under this policy and shall only apply to that portion of any loss which exceeds in the
aggregate I O percent of the Amount of Insurance stated in Schedule A
c The Company will pay only those cosh attorneys fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations
I
A AI
MENT
PORTION
1
the land described in Schedule A consists of Ivan or more parcels which are not used as a single site and a loss rs established affecting one or more of
If
the parcels but not all the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy w
as divided pro rata as to the
value
on Dale of Policy of ea s
eparate parcel to the whole exclusive ofany improvements trade subsequent to Due of Pnhcy unl a iabilily or value ha
mherwise bean agreed upon as m each parcel by the Cumpxnr and the rnsurcd at the dime of she isswnre of This pobry and shown b an express statement or
by
an
endorsement attached
o
this
policy
I
Serial No 0 9701 359407
SPOLICY 10
92
17
Rate 3 of4 ALTA OWNER
t
i
1
9 LIMITATION OF LIABILITY
aif the Company establishes the title or removes the alleged defect lien or encumbrance or cures the lack ofa nght of access to or from the land or
cures the claim of unnurkeuhilily of title all as insured in a reasonably diligent manner by any method including Irrigation end the completion of any
appeals therefrom it shall have fully performed its obligations with respect to that nutter and shag not be liable for any loss or damage caused thereby
i
b In the event of any litigation including litigation by the Cornpany or with the Company
s consent the Company shall have no liability Ru loss or
damage until there has been a final deusminalion bya cars ofconpetentjurisdiction and disposition dell appeals therefrom adverse to the tide as insured
e The Company shall not be liable for loss or damage to any insured for liability votuntanly assumed by the insured in settling any claim or suit
prior written consent of the Company
without the
19 REDUCTION OFINSURANCE
fI
REDUCTION OR TERMINATION OFLIA BILITY
All payments under This policy except payments made for costs attorneys fees and expenses shall reduce the amount ofthe insurance pro unto
IILIABILITY NON
CUMULATIVE
It a expresslyunderstood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any roliry
insuring a montage to which exception is taken in Schedule H or In which the insured has agreed assumed or taken subject or which is hereafter executed
by an insured and which is a charge or lien on the estate or interest described or referred In in Schedule A and the amount so paid shall be deemed a payment
under this policy to the insured owner
1
12 PAYMENT OF LOSS
al No payment shell be nude w nhoul producing this policy for endorsement of the payment unkss the policy has been lost or destroyed in which case
prool or destruction shall be thmished to the satisfaction ofthe Company
ofloss
b When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations the lass or damage
shall be payable within 30 days thereafter
i
17 SUBROGATION UPON PAYMENT OR SETTLEMENT
aThe Company
sRight ofSabrogallon
Whenever the Company shall have settled and paid a claim under this policy all right of subrogation shall vest in the Company unaffected by any act of
the insured claimant
The Company shall be subtotaled to and be entitled to all rights and remedies which the insured claimant would have had against any person or property
in respect M the claim had this policy not been issued If requested by the Company the insured claimant shall transfer to the Company all rights and remedies
against any person or property necessary in order to perfect this right ofsubrogation The insured claimant shall permit the Company to sue compromise or
settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies
Ifa payment on atenunl ofa claim does not fully cover the loss of the insured claimant the Company shall be subrogaled to these rights and remedies In
the proportion which the Company
spayment bears to the whole amount of the loss
If loss should result from any act of the insured claimant as stated above that act shall not void this policy but the Company in that event shall be required
to pay only that pan of any losses insured against by this policy which shall exceed the amount If any lost to the Companyby reason of the impairment by
the insured Oilmenl of the Company
sright of subrogation
bThe Company
s
Rights Against NonInsured Obligors
The Company
sright of subrogation against non insured obligors shall exist and shall include without limitation the rights of the insured to
indemnities guaranties other policies of insurance or bonds n otwilhstanding any 1 emu or conditions contained in t hose instruments which p rovide for
subrugatitm rights by reason ofthis policy
14 ARBITRATION
Unless prohibited by applicable law either the Company or the insured may demand arbitration pursuant to the Tide Insurance Arbitration Rules ofthe
American Arbitration Association Arbitrable Hatters may include but arc not limited lo any controversy or claim between the Company and the insured
arising out of or relating to This policy any service of the Company in conneetinn with its issuance or the breath ofa policy provision or other obligation All
arbitrable nutters when the Amount of Insurance is 000
000 or less shall be arbitrated
1
at
the
option
of either the
Company
or
1
the insured All nrbienble
matters when the Amount of Insurance is in excess of 51
000 shall be arbitrated only when agreed to by bosh the Company and the insured Arbitration
pursuant to this policy and under the Rules in effect an the date the demand for arbitration is made or at the option ofthe Insured the Rules in effect at Date
ofPolicy shall be binding upon the parties The award may include atoneys Res only if the laws of the stale in which the land is located pant a court to
award attorneys Ices to a prcvalling party Judgment upon the awaml rendered by the Arbitrator
smay be entered In any court having Jurisdiction thereof
The law of the sites of the land shall apply to on arbitration under the Title Insurance Arbitration Rules A copy of the Rules may be obtained from the
Company upon request
15 LIABILITY LIMITED TO THIS POLICY POLICY ENTIRE CONTRACT
a This policy together with all endorsements if any attached hereto by the Company is the entire policy and contract between the insured and the
Company In interpreting anyprovision of this policy this policy shall be construed ar whale
lb Any claim of loss or damage whether or not based on negligence and which arises out of the sinus of the title to the estate nr interest covered
hereby or by any action asserting such claim shall be restricted to this policy
c No amendment of or endorsement to this policy can be made exnpl by a writing endorsed hereon or attached hereto signed by either the President a
Vice President the Secretary an Assistant Secretary or salidating o0icer or authorized signatory of the Company
16 SEVER
kmI
ITY
In the event any pmwisnn of the policy is held invalid or unenforceable under apphcahle lay the policy shall be deemed not I0 include That provision
I
all other provisions shall remain in Cull force and effect
17 NOTICES N71ERE SENT
and
All notices
required to be given
the
Company
and any
statement in
wnhmg
required
to
be furnished the
i
Company shall include the number of this policy
and shall be addressed to the Company at P 0 Box 2029 Masten TX 77252 2029
Serial No 09701759407
Peac4 or4
AL TA OWNER
SPOLICY 10
92
17
I
I
ALTA OWNER
SPOLICY
SCHEDULE A
Order Number 42962
Policy No 09701359407
Date of Policy October 14 2004 at 1
19 PM
Amount of Insurance S1
00
000
850
1
Premium S2
00
429
Name of Insured
WHRJ3 LLC a Michigan limited liability company
2 The estate or interest in the land which is covered by this Policy is
Fee Simple
3 Title to the estate or interest in the land is vested in
WHRJ3 LLC a Michigan limited liability company
4 The land referred to in this policy is described as follows
See Exhibit A attached hereto
STEWART TITLE
GUARANTY COMPANY
ALTA OWNER
SPOLICY
SCHEDULE 8
Order Number 42962
Policy No 0 9701359407
This policy does not insure against loss or damage and the Company will not pay costs
sfees or expenses which arise by reason of
attorney
1 Rights or claims ofparties 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 and 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 Unpatented mining claims reservations or exceptions in patents or an act authorizing the
issuance thereof water rights claims or title to water
6 Taxes and Assessments for the year 2004 not yet due and payable and subsequent years
and any special assessments not yet certified on the tax rolls of Pitkin County
7 Any vein or lode of quartz or other rock in place bearing gold silver cinnabar lead tin
copper or other valuable deposits claimed or known to exist March 23 1885 and the right
of the proprietor of any vein or lode of quartz or other rock in place bearing gold silver
cinnabar lead tin copper or other valuable deposits for the purpose of extracting and
removing the are from such vein or lode should the same be found to penetrate or intersect
the premises all as reserved in patent recorded June 17 1949 in Book 175 at Page 246
8 Restrictions that only single family dwellings and outbuildings pertaining thereto shall be
constructed on these lots No unpainted metal roofs and no unpainted metal siding will be
permitted No structure shall be placed on these lots which exceeds twenty feet in height
chimneys excluded measured vertically from the lowest point of intersection of said
structure with the natural grade ofthe land to the highest point ofroof ridge No structure
shall be placed within fifteen feet from the East boundary of lot number nine 9 as set
forth in deed recorded June 18 1959 n Book 188 at Page 2
9 Easements rights of way and all matters as shown on Survey ofsubject property recorded
May 22 1998 in Plat Book 45 at page 15 as Reception no 417191
STEWART TITLE
GUARANTY COMPANY
STG Index ofEndorsements to Policy
STEWART TITLE
GUARANTY COMPANY
INDEX OF ENDORSEMENTS TO POLICY
COLORADO
Agent File No 42962
Insured WHRJ3 LLC a Michigan limited liability company
Policy No 09701 359407
Policy
Form ALTA Owners
Policy 10 1792
Charge 00
429
2
The Endorsements indicated below are attached to the above referenced Policy
ENDORSEMENT
1
110
Deletion ofStandard
Exceptions
Charge
00
150
501 Rio Grande Place
Suite 104 t
Aspen
CO 81611
Phone 970
9428
920
Fax 970
7822
920
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MEMORANDUM
TO
Aspen Planning and Zoning Commission
THRU
Jennifer
FROM
Sara Adams Senior Planner
RE
Affordable Housing GMQS code amendment
DATE
February 15 2011
Phelan Community Development Deputy
Director
MEETING DATE March 1 2011
Projects that are required to develop affordable housing with the exception of single family
and duplex residences are reviewed by the Planning and Zoning Commission for Growth
Management approval pursuant to Section 26
4 This Section requires affordable
070
470
housing to meet specific criteria related to compliance with the Aspen
Pitkin County
Housing Authority APCHA Guidelines including mitigation requirements ownership
requirements affordable housing credit eligibility and the requirement that 50 or more of
the unit
s net livable area is at or above finished or natural grade whichever is higher
Similar to design variances for Accessory Dwelling Units Staff proposes a code amendment
that permits the percentage of the unit
s net livable area that is at or above finished or natural
grade to be varied at the discretion of the Planning and Zoning Commission through the
Special Review process
BACKGROUND During the Conceptual PUD review process for the Aspen Walk project
404 and 414 Park the intent of the review criterion that requires half of a unit
s net livable
area to be developed above natural or finished grade was discussed Aspen Walk proposes
garden level affordable housing units that are 2 or 3 feet below grade and more than 50
of the units volumes are above grade however the units do not meet the current criterion
noted in italics above The Applicant and Staff both agreed that a code amendment to allow
specific sub grade affordable housing units was appropriate to bring forward
It is Staff
s opinion that the intent of this criterion is to prevent subgrade affordable housing
units that are unlivable however the standard does not differentiate between livable and
unlivable units that may be partially sub grade There is no flexibility for the Planning and
Zoning Commission to vary this standard considering site constraints the overall project and
most important the design and livability of the units It can be argued that not all subgrade
spaces are unlivable well designed subgrade spaces with for example large windows and
a sunken patio can be a very livable and private residential space Staff proposes the
following code amendment to permit the Planning and Zoning Commission with a
recommendation from the Housing Board to vary the requirement that 50 of an affordable
housing unit
s net livable is located above natural or finished grade through the Special
Review process
Affordable Housing GMQS Code Amendment
P Z memo March 1 2011
Page 1 of 3
PROPOSED CODE AMENDMENTS see attached resolution for reference
Section 1 26
030 Applicability The proposed change adds the ability to vary the affordable
430
housing unit criteria for net livable space through Special Review The Code currently permits
ADU and Carriage House design standards to be varied through the Special Review process
This amendment would allows Affordable Housing Units to be varied through a the same review
process but subject to different review standards
Section 2 26
040 Review standards for special review Staff proposes that based on a
430
recommendation from the Housing Board the Planning and Zoning Commission has the
authority to grant a variation of the percent net livable above grade for affordable housing units
subject to the following criteria
1 The proposed affordable housing units are designed in a manner which exceeds the
expectations of the Aspen Pitkin County Housing Authority Guidelines and promotes the
s general livability by exceeding minimum requirements of two or more of the
unit
following conditions
a
b
c
d
Significant storage such as additional storage outside the unit
Above average natural light such as adding more windows than the Building
Code requires
Net livable unit sizes exceed minimum requirement
Site amenities such as access to outdoor space private patios or balconies
carshare memberships
e
Energy efficient units such as solar panels energy star rated appliances or
insulation
2 The proposed affordable housing units are designed in a manner that meets the following
criteria
a
b
Compatibility with the character of the neighborhood
Design is an appropriate response to unique site constraints such as
topography
The review criteria listed in Part 1 are similar to the standards that the Housing Board apply to
projects that request a variation of the minimum net livable unit size The goal is to ensure that
the housing units provide a positive livable experience by exceeding at least 2 of the following
excess storage minimum unit size site amenities or energy efficient units It is important that
the quality tradeoff of varying the amount of subgrade net livable space in a housing unit is
balanced in other areas of the unit or housing portion of the project
The Housing Chapter of the AACP states that housing policy should emphasize the
development of neighborhoods and community not just units Part 1 of the criteria addresses
the individual unit design while Part 2 of the criteria steps back and assesses the proposed
project from a comprehensive perspective by considering the impacts of subgrade units on
neighborhood character and site constraints to encourage the project to positively respond to the
natural and built landscapes
Affordable Housing GMQS Code Amendment
P Z memo February 15 2011
Page
3 of 3
Affordable Housing Staff proposes to add language to
Section C to allow the dimensional requirement to be varied via Special Review
Section 3
4GMOS
070
470
26
HOUSING BOARD RECOMMENDATION
The Housing Board recommended in favor of the
proposed code amendment language at their regular meeting on February 2 2011 with a 4 0
vote
NEXT STEPS Review by City Council
Z Planning and Zoning Commission is asked to make a recommendation
to the City Council regarding the proposed code amendments in the attached draft resolution
REQUEST
OF THE
P
STAFF RECOMMENDATION
Staff finds that the proposed amendment is consistent with the
AACP as outlined in Exhibit A and recommends that the Planning and Zoning Commission
recommend approval to City Council
ATTACHMENTS
Resolution
Series of 2011
Exhibit A
Section 26
040 Standards of Review
310
Exhibit B
Housing Board Recommendation
Affordable Housing GMQS Code Amendment
P Z memo February 15 2011
Page 3 of 3
RESOLUTION No
Series of 2011
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
ASPEN COLORADO DETERMINING THAT AMENDMENTS TO THE
FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND
USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE MEET
APPLICABLE STANDARDS OF REVIEW 26
030 SPECIAL REVIEW
430
APPLICABILITY26
040 REVIEW STANDARDS FOR SPECIAL REVIEW
430
AND 26
4GROWTH MANAGEMENT QUOTA SYSTEM
070
470
AFFORDABLE HOUSING
WHEREAS in accordance with Sections 26
210 and 26
310 of the City of
Aspen Land Use Code the Director of the Community Development Department
initiated amendments to the Land Use Code related to the review standards for
Affordable Housing Growth Management Review and
WHEREAS pursuant to Section 26
310 applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval approval
with conditions or denial by the Community Development Director and then by the
Planning and Zoning Commission at a public hearing Final action shall be by City
Council after reviewing and considering these recommendations and
WHEREAS the Community Development Director has recommended approval
of the proposed amendments to the City of Aspen Land Use Code Sections 26
030
430
Special Review Applicability 26
040 Review standards for Special Review
430
4 GMQS
070
470
26
Minor Planning and Zoning Commission applications for
Affordable Housing as described herein and
WHEREAS the amendments proposed herein are consistent with the Aspen
Area Community Plan which states the following new affordable housing projects
should reinforce and enhance a healthy social balance for our community and enhance
the character and charm of Aspen consideration should be given to minimize the
development footprint of all affordable housing projects without compromising the
appropriate density or the livability of the project and create an affordable housing
environment that is appropriately scaled and distributed throughout existing and new
neighborhoods and
WHEREAS during a duly noticed public hearing on February 15 2011 the
Planning and Zoning Commission recommended that City Council approve amendments
to the text of Sections26
030 Special Review Applicability 26
430
040 Review
430
standards for Special Review 26
4 GMQS
070
470
Minor Planning and Zoning
Commission applications for Affordable Housing as described herein by a
vote and
WHEREAS the
Aspen Planning and
Zoning Commission
finds
that the
amendments meet or exceed all applicable standards pursuant to Chapter 26
310 and that the
Planning
GMQS
Zoning Commission Reso
of 2011
Affordable Housing Code Amendment
Page
1 of 6
approval of the amendments is consistent with the goals and elements of the Aspen Area
Community Plan and
WHEREAS the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health safety and welfare
WHEREAS the amendments to the Land Use Code are delineated as follows
Text unaffected is black and in standard print and looks like this
rmatted Font color Accent 5
Text being added to the code is blue with
Formatted Font color Accent 5
underline and looks like this
NOW THEREFORE BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows
Section 1
Section 26
030
430
Special Review Applicability shall be amended as
follows
Sec 26
030 Applicability
430
Special review shall apply to all development in the City designated for special review by
the following chapters or sections of this Title
Dimensional requirements Chapter 26
710
Zone Districts
Replacement of nonconforming structures Chapter 26
312
Reduction of open space requirements in CC Zone District
Subsection
B
030
575
26
Off street parking requirements Section 26
040
515
Reductions
in the dimensions of utility
trash service
26
060
575
Subdivision standards Section 26
050
480
areas
Section
Accessory Dwelling Unit Design Standards Chapter 26
520
Wireless
telecommunications
facilities
or
and
equipment
Section
130
575
26
Affordable housing unit criteria regarding percentage of unit
s net livable
required above grade Section 26
c
4
070
470
Section 2 Section 26
040 Review standards for special review shall be amended as
430
follows
Sec 26
Review standards for special review
040
430
No development subject to special review shall be permitted unless the Planning and
Zoning Commission makes a determination that the proposed development complies with
all standards and requirements set forth below
Planning Zoning Commission Reso of 2011
GMQS Affordable Housing Code Amendment
Page 2 of 6
A Dimensional requirements Whenever the dimensional requirements of a proposed
development are subject to special review the development application shall only be
approved ifthe following conditions are met
1 The mass height density configuration amount of open space landscaping and
setbacks of the proposed development are designed in a manner which is
compatible with or enhances the character of surrounding land uses and is
consistent with the purposes of the underlying zone district
2 The applicant demonstrates that the proposed development will not have adverse
impacts on surrounding uses or will mitigate those impacts including but not
limited to the effects of shading excess traffic availability of parking in the
neighborhood or blocking of a designated view plane
B Replacement of nonconforming structures Whenever a structure or portion thereof
which does not conform to the dimensional requirements of the zone district in which the
property is located is proposed to be replaced after demolition the following criteria shall
be met
1 The proposed development shall comply with the conditions of Subsection
Aabove
040
430
26
2 There exist special characteristics unique to the property which differentiate the
property from other properties located in the same zone district
3 No dimensional variations are increased and the replacement structure represents
the minimum variance that will make possible the reasonable use of the property
and
4 Literal enforcement of the dimensional provisions of the zone district would cause
unnecessary hardship upon the owner by prohibiting reasonable use of the
property
C Reduction of public amenity Whenever a special review is conducted to determine
whether a reduction of the public amenity requirement is to be granted it shall be
reviewed in accordance with the standards set forth at Section 26
030
575
D Off street parking requirements
Whenever a special review is conducted to
determine a change in the off street parking requirements it shall be considered in
accordance with the standards set forth at Chapter 26
515
E Utilitytrash service area Whenever a special review is conducted to determine a
change in any utility
trash service area requirements it shall be considered in accordance
with the standards set forth at Section 26
060
575
Planning Zoning Commission Reso of 2011
GMQS Affordable Housing Code Amendment
Page
3 of 6
d
F Subdivision design standards Whenever a special review is for development which
does not meet the subdivision design standards of Section 26
050 the development
480
shall be approved only when the conditions set forth at Section 26
050 have been
480
met
G Accessory dwelling unit design standards Whenever a special review is conducted to
determine a change in the design standards required for accessory dwelling units it shall
be considered in accordance with the standards set forth at Subsection 26
D
080
520
H Wireless telecommunications facilities and
or equipment Whenever a special review
is conducted to appeal the decision of the Community Development Director regarding a
proposed wireless telecommunications service facility or equipment or to determine a
proposed increase in the allowed height of a wireless telecommunications facility and
or
equipment it shall be considered in accordance with the standards set forth in Paragraph
6Wireless telecommunication services facilities and equipment Ord
C
130
575
26
No 441999 4 Ord No 5 2000 4 Ord No 1 2002 9 Ord No 52 2003 12 Ord
No 12 2007 20 21
Formatted Font 12 pt
I Affordable
housing
unit standards
Whenever
special
a
review is conducted to
reduce the required percentage that the finished floor level of the unit
s net livable
area is at or above natural or finished grade whichever is higher a recommendation
from the Housingg Board and all of the following criteria shall be
met
proposed affordable housing units are designed in a manner which exceeds the
expectations of the Aspen Pitkin County Housing Authority Guidelines and
1 The
Formatted List Paragraph Justified Indent
Lett 0
75 Tab stops Not at 0
25
Formatted Normal Justified Indent Left
o Hanging 0
25 Numbered
Level 1
Numbering Style I II III
Start at 1
Alignment Left Aligned at 0
25 Indent
at 0
75 Tab stops Not at 0
25
promotes the unit
sgeneral livability by exceeding minimum requirements of two
or more of the following conditions
a
b
Significant storage such as additional storage outside the unit
Above average natural light such as adding more windows than the
Building Code requires
Net livable unit sizes exceed minimum requirement
d
Site amenities such as access to outdoor space private patios or
balconies carshare memberships
e
Energy efficient units such as solar panels energy star rated
appliances or insulation
The proposed affordable housing units are designed in a manner that meets the
Formatted Numbered
Level 2
Start at 1
Numbering Style a b c
Alignment Left Aligned at 0
75 Indent
at 1 Tab stops Not at 0
5
C
2
following criteria
a
Compatibility
b
Design is
an
with the character of the
appropriate
response to
neighborhood
unique site constraints such
as
topography
Formatted
Indent Left
Numbered
3
Start
at
3rd para indent 1 no w parens
25 Hanging 0
0
25
Level 1 Numbering Style 1 2
at 1
Alignment Left
Aligned
25 Indent at
0
75
0
Formatted 3rd para indent 1 no w parens
Numbered
Level 2 Numbering Style a b
c
Start at 1 Alignment Left
Aligned
at
Section 3 Section 26
4Minor Planning and Zoning Commission applications
070
470
Affordable Housing shall be amended as follows
Planning
Zoning Commission Reso of 2011
GMQS Affordable Housing Code Amendment
Page 4 of 6
75 Indent at
0
1
Sec 26
Minor Planning and Zoning Commission applications
070
470
The following types of development shall be approved approved with conditions or
denied by the Planning and Zoning Commission pursuant to Section 26
110
470
Procedures for review and the criteria for each type of development described below
Except as noted all growth management applications shall comply with the general
requirements of Section 26
050
470
Except as noted the following types of growth
management approvals shall be deducted from the respective development ceiling levels
but shall not be deducted from the annual development allotments
cumulatively
4 Affordable housing
Approvals apply
The development of affordable housing deed restricted in
accordance with the Aspen
Pitkin County Housing Authority Guidelines shall be
approved approved with conditions or denied by the Planning and Zoning Commission
based on the following criteria
a The proposed units comply with the Guidelines of the Aspen
Pitkin County
Housing Authority A recommendation from the Aspen
Pitkin County Housing
Authority shall be required for this standard The Aspen
Pitkin County Housing
Authority may choose to hold a public hearing with the Board of Directors
b Affordable housing required for mitigation purposes shall be in the form of actual
newly built units or buydown units Offsite units shall be provided within the
City limits Units outside the City limits may be accepted as mitigation by the
City Council pursuant to Paragraph 26
2 If the mitigation requirement
090
470
is less than one 1 full unit a cashinlieu payment may be accepted by the
Planning and Zoning Commission upon a recommendation from the Aspen
Pitkin
County Housing Authority If the mitigation requirement is one 1 or more units
a cash inlieu payment shall require City Council approval pursuant to Paragraph
3 A Certificate of Affordable Housing Credit may be used to satisfy
090
470
26
mitigation requirements by approval of the Community Development Department
Director pursuant to Section 26
080 Extinguishment of the Certificate
540
Required affordable housing may be provided through a mix of these methods
Ord No 6 2010 4
c Each unit provided shall be designed such that the fmished floor level of fifty
percent 50
or more of the unit
s net livable area is at or above natural or
finished grade whichever is higher This dimensional requirement may be varied
through Special Review pursuant to Section 26
430
d The proposed units shall be deed restricted as for sale units and transferred to
qualified purchasers according to the Aspen
Pitkin County Housing Authority
Guidelines The owner may be entitled to select the first purchasers subject to
the aforementioned qualifications with approval from the Aspen
Pitkin County
Housing Authority The deed restriction shall authorize the Aspen
Pitkin County
Housing Authority or the City to own the unit and rent it to qualified renters as
Planning Zoning Commission Reso of 2011
GMQS Affordable Housing Code Amendment
Page 5 of 6
defined in the Affordable Housing Guidelines established by the Aspen
Pitkin
County Housing Authority as amended
The proposed units may be rental units including but not limited to rental units
owned by an employer or nonprofit organization if a legal instrument in a form
acceptable to the City Attorney ensures permanent affordability of the units The
City encourages affordable housing units required for lodge development to be
rental units associated with the lodge operation and contributing to the long term
viability of the lodge
Units owned by the Aspen
Pitkin County Housing Authority the City of Aspen
Pitkin County or other similar governmental or quasi municipal agency shall not
be subject to this mandatory for sale provision
e
Non Mitigation Affordable Housing Affordable housing units that are not
required for mitigation but meet the requirements of Section 26
a
4
070
470
d
The owner of such non mitigation affordable housing is eligible to receive a
Certificate of Affordable Housing Credit pursuant to Chapter 26
540 Ord No 6
2010 4
FINALLY adopted and approved this 15 day of February 2011
Stan Gibbs Chairman
Attest
Jackie Lothian City Clerk
Approved as to form
James R True Special Counsel
Planning
GMQS
Zoning Commission Reso
of 2011
Affordable Housing Code Amendment
Page
6 of 6
Cl
RESOLUTION No
Series of 2011
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
ASPEN COLORADO DETERMINING THAT AMENDMENTS TO THE
FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND
USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE MEET
APPLICABLE STANDARDS OF REVIEW 26
030 SPECIAL REVIEW
430
APPLICABILITY 26
040 REVIEW STANDARDS FOR SPECIAL REVIEW
430
AND 26
4GROWTH MANAGEMENT QUOTA SYSTEM
070
470
AFFORDABLE HOUSING
WHEREAS in accordance with Sections 26
210 and 26
310 of the City of
Aspen Land Use Code the Director of the Community Development Department
initiated amendments to the Land Use Code related to the review standards
for
Affordable Housing Growth Management Review and
WHEREAS pursuant to Section 26
310 applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval approval
with conditions or denial by the Community Development Director and then by the
Planning and Zoning Commission at a public hearing Final action shall be by City
Council after reviewing and considering these recommendations and
WHEREAS the Community Development Director has recommended approval
of the proposed amendments to the City of Aspen Land Use Code Sections 26
030
430
Special Review Applicability 26
040 Review standards for Special Review
430
4 GMQS
070
470
26
Minor Planning and Zoning Commission applications for
Affordable Housing as described herein and
WHEREAS the amendments proposed herein are consistent with the Aspen
Area Conununity Plan which states the following new affordable housing projects
should reinforce and enhance a healthy social balance for our community and enhance
the character and charm of Aspen consideration should be given to minimize the
development footprint of all affordable housing projects without compromising the
appropriate density or the livability of the project and create an affordable housing
environment that is appropriately scaled and distributed throughout existing and new
neighborhoods
and
WHEREAS during a duly noticed public hearing on February 15 2011 the
Planning and Zoning Commission recommended that City Council approve amendments
to the text of Sections26
030 Special Review Applicability 26
430
040 Review
430
standards for Special Review 26
4 GMQS
070
470
Minor Planning and Zoning
Commission applications for Affordable Housing as described herein by a
vote and
WHEREAS the Aspen Planning and Zoning Commission finds that the
amendments meet or exceed all applicable standards pursuant to Chapter 26
310 and that the
Planning
GMQS
of 2011
Zoning Commission Reso
Affordable Housing Code Amendment
Page 1 of 6
approval of the amendments is consistent with the goals and elements of the Aspen Area
Community Plan and
WHEREAS the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health safety and welfare
WHEREAS the amendments to the Land Use Code are delineated as follows
Text unaffected is black and in standard print and looks like this
Text being added to
the code is blue with underline and looks like this
NOW THEREFORE BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows
Section 1
Section 26
030
430
Special Review Applicability shall be amended as
follows
Sec 26
030Applicability
430
Special review shall apply to all development in the City designated for special review by
the following chapters or sections of this Title
Dimensional
710
requirements Chapter 26
Zone Districts
Replacement of nonconforming structures Chapter 26
312
Reduction of open space requirements in CC Zone District
Subsection
B
030
575
26
Off street parking requirements Section 26
040
515
in the dimensions of utilitytrash service
Reductions
areas
Section
060
575
26
Subdivision standards Section 26
050
480
Accessory Dwelling Unit Design Standards Chapter 520
26
Wireless
telecommunications
facilities
or
and
equipment
Section
130
575
26
Affordable housing unit criteria regarding percentage of unit
s net livable
required above grade Section 26
c
4
070
470
Section 2 Section 26
040 Review standards for special review shall be amended as
430
follows
Sec 26
040 Review standards for special review
430
No development subject to special review shall be permitted unless the Planning and
Zoning Commission makes a determination that the proposed development complies with
all standards and requirements set forth below
A Dimensional requirements Whenever the dimensional requirements of a proposed
development are subject to special review the development application shall only be
approved if the following conditions are met
Planning
GMQS
Zoning Commission
Reso
of 2011
Affordable Housing Code Amendment
Page 2 of 6
1 The mass height density configuration amount of open space landscaping and
setbacks of the proposed development are designed in a manner which is
compatible with or enhances the character of surrounding land uses and is
consistent with the purposes of the underlying zone district
2 The applicant demonstrates that the proposed development will not have adverse
impacts on surrounding uses or will mitigate those impacts including but not
limited to the effects of shading excess traffic availability of parking in the
neighborhood or blocking of a designated view plane
B Replacement of nonconforming structures Whenever a structure or portion thereof
which does not conform to the dimensional requirements of the zone district in which the
property is located is proposed to be replaced after demolition the following criteria shall
be met
1
The proposed development shall comply with the conditions of Subsection
Aabove
040
430
26
2 There exist special characteristics unique to the property which differentiate the
property from other properties located in the same zone district
3 No dimensional variations are increased and the replacement structure represents
the minimum variance that will make possible the reasonable use of the property
and
4
Literal enforcement of the dimensional provisions of the zone district would cause
unnecessary hardship upon the owner by prohibiting reasonable use of the
property
C Reduction of public amenity Whenever a special review is conducted to determine
whether a reduction of the public amenity requirement is to be granted it shall be
reviewed in accordance with the standards set forth at Section 26
030
575
D
Off street
parking requirements
Whenever a special review is conducted to
determine a change in the offstreet parking requirements it shall be considered in
accordance with the standards set forth at Chapter 26
515
E Utilitytrash service area
Whenever a special review is conducted to determine a
change in any utilitytrash service area requirements it shall be considered in accordance
with the standards set forth at Section 26
060
575
F Subdivision design standards Whenever a special review is for development which
does not meet the subdivision design standards of Section 26
050 the development
480
shall be approved only when the conditions set forth at Section 26
050 have been
480
met
Planning
GMQS
of 2011
Zoning Commission Reso
Affordable Housing Code Amendment
Page 3 of 6
G Accessory dwelling unit design standards Whenever a special review is conducted to
determine a change in the design standards required for accessory dwelling units it shall
be considered in accordance with the standards set forth at Subsection 26
D
080
520
H Wireless telecommunications facilities and
or equipment Whenever a special review
is conducted to appeal the decision of the Community Development Director regarding a
proposed wireless telecommunications service facility or equipment or to determine a
proposed increase in the allowed height of a wireless telecommunications facility and
or
equipment it shall be considered in accordance with the standards set forth in Paragraph
6 Wireless telecommunication services facilities and equipment Ord
C
130
575
26
No 441999 4 Ord No 5 2000 4 Ord No 1 2002 9 Ord No 522003 12 Ord
No 12 2007 20 21
I
Affordable housing unit standards
Whenever a special review is conducted to
reduce the required percentage that the finished floor level of the unit
s net livable
area is at or above natural or finished grade whichever is higher a recommendation
from the Housing Board and all of the following criteria shall be met
1 The proposed affordable housing units are designed in a manner which exceeds the
expectations of the Aspen Pitkin County Housing Authority Guidelines and
promotes the unit
s general livability by exceeding minimum requirements of two
or more of the following conditions
a
Significant storage such as additional storage outside the unit
b
Above average natural light such as adding more windows than the
Building Code requires
c
Net livable unit sizes exceed minimum requirement
d
Site amenities such as access to outdoor space private patios or
balconies carshare memberships
e
Energy efficient units such as solar panels energy star rated
appliances or insulation
2 The proposed affordable housing units are designed in a manner that meets the
following criteria
a
Compatibility with the character of the neighborhood
b
Design is an appropriate response to unique site constraints such as
topography
Section 3 Section 26
4 Minor Planning and Zoning Commission applications
070
470
Affordable Housing shall be amended as follows
Sec 26
070Minor Planning and Zoning Commission applications
470
The following types of development shall be approved approved with conditions or
denied by the Planning and Zoning Commission pursuant to Section 26
110
470
Procedures for review and the criteria for each type of development described below
Planning
GMQS
Zoning
Commission Reso
of 2011
Affordable Housing Code Amendment
Page 4 of 6
Except as noted all growth management applications shall comply with the general
requirements of Section 26
050 Except as noted the following types of growth
470
management approvals shall be deducted from the respective development ceiling levels
but shall not be deducted from the annual development allotments Approvals apply
cumulatively
4 Affordable housing The development of affordable housing deedrestricted in
accordance with the Aspen
Pitkin County Housing Authority Guidelines shall be
approved approved with conditions or denied by the Planning and Zoning Commission
based on the following criteria
a The proposed units comply with the Guidelines of the Aspen
Pitkin County
Housing Authority A recommendation from the Aspen
Pitkin County Housing
Authority shall be required for this standard The Aspen
Pitkin County Housing
Authority may choose to hold a public hearing with the Board of Directors
b Affordable housing required for mitigation purposes shall be in the form of actual
newly built units or buy down units Offsite units shall be provided within the
City limits Units outside the City limits may be accepted as mitigation by the
City Council pursuant to Paragraph 26
2 If the mitigation requirement
090
470
is Less than one 1 full unit a cashinlieu payment may be accepted by the
Planning and Zoning Commission upon a recommendation from the Aspen
Pitkin
County Housing Authority If the mitigation requirement is one 1 or more units
a cash inlieu payment shall require City Council approval pursuant to Paragraph
3 A Certificate of Affordable Housing Credit may be used to satisfy
090
470
26
mitigation requirements by approval of the Community Development Department
Director pursuant to Section 26
080 Extinguishment of the Certificate
540
Required affordable housing may be provided through a mix of these methods
Ord No 6 2010 4
c Each unit provided shall be designed such that the finished floor level of fifty
percent
50
or more of the unit
s net livable area is at or above natural or
finished grade whichever is higher This dimensional requirement may be varied
through Special Review pursuant to Section 26
430
d The proposed units shall be deed restricted as for sale units and transferred to
qualified purchasers according to the Aspen
Pitkin County Housing Authority
Guidelines The owner may be entitled to select the first purchasers subject to
the aforementioned qualifications with approval from the Aspen
Pitkin County
Housing Authority The deed restriction shall authorize the Aspen
Pitkin County
Housing Authority or the City to own the unit and rent it to qualified renters as
defined in the Affordable Housing Guidelines established by the Aspen
Pitkin
County Housing Authority as amended
The proposed units may be rental units including but not limited to rental units
owned by an employer or nonprofit organization if a legal instrument in a form
Planning
GMQS
of 2011
Zoning Commission Reso
Affordable Housing Code Amendment
Page 5 of 6
acceptable to the City Attorney ensures permanent affordability of the units The
City encourages affordable housing units required for lodge development to be
rental units associated with the lodge operation and contributing to the long term
viability of the lodge
Units owned by the Aspen
Pitkin County Housing Authority the City of Aspen
Pitkin County or other similar governmental or quasi municipal agency shall not
be subject to this mandatory for sale provision
e Non Mitigation Affordable Housing Affordable housing units that are not
required for mitigation but meet the requirements of Section 26
ad
4
070
470
The owner of such non mitigation affordable housing is eligible to receive a
Certificate of Affordable Housing Credit pursuant to Chapter 26
540 Ord No 6
2010 4
FINALLY adopted and approved this 15 day ofFebruary 2011
Stan Gibbs Chairman
Attest
Jackie Lothian City Clerk
Approved as to form
James R True Special Counsel
Planning
GMQS
Zoning
Commission Reso
of 2011
Affordable Housing Code Amendment
Page 6 of 6
Exhibit A
Sec 26
040 Standards of review
310
In reviewing an amendment to the text of this Title or an amendment to the Official Zone
District Map the City Council and the Planning and Zoning Commission shall consider
A Whether the proposed amendment is in conflict with any applicable portions
of this Title
Staff Response The proposed amendment is not in conflict with any applicable portions
of the Municipal Code
B Whether the proposed amendment is consistent with all elements of the Aspen
Area Community Plan
Staff Response Staff finds that the proposed amendment is consistent with the AACP
specifically the following statements from the Housing and Design Quality Chapters
Create an affordable housing environment that is appropriately scaled and distributed
throughout existing and new neighborhoods
Intent pg 25
Response The proposed amendment creates a situation where the Planning and
Zoning Commission based on a recommendation from the Housing Board has
the authority to vary the amount that an affordable housing unit is below grade in
exchange for the unit exceeding the minimum standards in other areas of design
Allowing a partially subgrade unit may result in a lower height of the building or
a more appropriate response to topography or other site constraints
Housing should be compatible with the scale and character of the community and
should emphasize quality construction and design even though that emphasis necessarily
increases costs and lessens production Philosophy pg 25
Response The proposed amendment takes into account both the specific design
of the individual units and amenities and it weighs the compatibility of the
subgrade units within the neighborhood
Consideration should be given to minimize the development footprint of all affordable
housing projects without compromising the appropriate density or the livability of the
project Policies pg 26
Response Staff finds that providing the Planning and Zoning Commission with
the discretion to allow partially subgrade units offers some design flexibility that
may result in minimizing the development footprint of the overall project
Affordable Housing GMQS Code Amendment
Exhibit A
March 1 2011
Page 2 of3
We wish to encourage creativity that results in design solutions that are fresh and
innovative yet are net additions to the built environment by being contextually
appropriate and harmonious without being copies of that which already exists
Philosophy pg 43
Response
The flexibility to vary the affordable housing standard encourages
creative solutions that support livability and innovative thinking for affordable
housing units
C Whether the proposed amendment is compatible with surrounding zone
districts and land uses considering existing land use and neighborhood
characteristics
Staff Response n
a
D The effect of the proposed amendment on traffic generation and road safety
Staff Response n
a
E Whether and the extent to which the proposed amendment would result in
demands on public facilities and whether and the extent to which the
proposed amendment would exceed the capacity of such public facilities
including but not limited to transportation facilities sewage facilities water
supply parks drainage schools and emergency medical facilities
StaffResponse n
a
F Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment
StaffResponse n
a
G Whether the proposed amendment is consistent and compatible with the
community character in the City
Staff Response The proposed amendment incorporates neighborhood compatibility into
the review criteria for granting a variation from the dimensional requirement Staff finds
that the proposed amendment is consistent with the community character in the City
H Whether there have been changed conditions affecting the subject parcel or
the surrounding neighborhood which support the proposed amendment
StaffResponse n
a
Affordable Housing GMQS Code Amendment
Exhibit A
March 1 2011
Page 2 of 3
I Whether the proposed amendment would be in conflict with the public interest
and whether it is in harmony with the purpose and intent of this Title
Staff Response Staff recognizes that unique situations exist throughout town and finds
that providing some flexibility in the Code for the Planning and Zoning Commission to
use its discretion to vary the percentage that an affordable housing unit is below grade is
appropriate and in harmony with the purpose and intent of this Title
Affordable Housing GMQS Code Amendment
Exhibit A
March 1 2011
Page 2 of 3
P19
MEMORANDUM
TO
Sara Adams Community Development Department
FROM
Cindy Christensen Housing Department
DATE
February 3 2011
RE
APPROVAL OF AFFORDABLE HOUSING CODE AMENDMENT
ir
ISSUE The subgrade units proposed in the AspenWalk development do not conform to the
land use code An affordable housing GMQS code amendment is being proposed to remedy the
situation
BACKGROUND Due to the terrain of the property and the proposal of the garage some of the
units being proposed in the development or subgrade and do not meet the City of Aspen Land
Use Code conditions The attached code amendment will remedy this nonconforming issue
RECOMMENDATION The Housing Board reviewed the Code amendment at their regular
meeting held February 2 2011 and are recommending approval of the following changes
Under Section 26
030 Applicability add a bullet point as follows
430
Affordable housing unit criteria regarding percentage of unit
s net livable required above
grade Section 26
c
4
70
470
Under Section 26
040 Section 2 paragraph 1 Affordable housing unit standards the
430
following will be added
Whenever a special review is conducted to reduce the required percentage that the finished floor
level of the unit
s net livable area is at or above natural or finished grade whichever is higher a
recommendation from the Housing Board and all of the following criteria shall be met
1 The proposed affordable housing units are designed in a manner which exceeds the
expectations of the Aspen
Pitkin County Housing Authority Guidelines and promotes the
s general livability by exceeding minimum requirements of two or more of the
unit
following conditions
a Significant storage such as additional storage outside the unit
b Above average natural light such as adding more windows than the Building Code
requires
c Net livable unit sizes exceed minimum requirement
Page 1
Code Amendment
Approval
P20
d
Site amenities such as access to outdoor space private patios or balconies car share
memberships
e
Energy efficient units such as solar panels energy star rated appliances or insulation
2 The proposed affordable housing units are designed in a manner that meets the following
criteria
a Compatibility with the character of the neighborhood
b Design is an appropriate response to unique site constraints such as topography
Code Amendment
Approval
Paget