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Home My WebLink AboutLand Use Case.1130 Cemetery Ln.0077.2006.ASLU66'i).':11"11 It--1 1 ' Elle Edit Eecord Wavigate tgrm Reports Format Tab Melp 'U Man Custom Fields Â· Fee- A-'i:,2 Palcels Ropting 5,~atus Fee SummarE Routinglitttory Attachments ~ â‚¬ ~ permit TYpe ~aslu A.spen Larid U.:e 2004 ~ ~~~~~~~~~~â„¢~~~~'~~~ Petmit # 10077.2006.AIU -1 Address ~1130 CEMETERY LN 2 Apl/Suite ~ B E----""W : i. , City |ASPEN Stal,Â· :20 -i Zip ]81611 21 PerniÂ¢ Ird of mation f Master Perrnit ' 1 2: Roliting Queue Apptied ~12Â£22/2006 1 Z Aciect 21 Status tpending Appioved ~ I 0 L Caption ADS*VARIAREEON EXISTiNG"bilf@% ~ 13'sued Final ~ i 5 i Submitted iBARBARA LONG - 9258166 Clock. ~Aunning Days { 0 Expites It 2/17/2007 1 01,986 â€ž~~Y~CCÂ«XCC~<UÂ«6*22<U2222<~ C 2222222<2<222<2222<<, ~~ <â‚¬ ~ Last Nan>#e KAUFMAN GIDEON I 21 Ast Manie r L BON 10001 .SPEN CO 816:12 ~ phone : i V Owner t@Applicant? : Applicant 22 ~~<eaXXÂ«Â©Â«24 2â‚¬22<~24<~â‚¬.~~~.K~~.~~~.~.K.~.<~~~<<~< Xâ‚¬~r,4,***â€žâ€ž~~*Â«XXXX=~MÂ«U<G~Â«4Câ‚¬Cxk~4~~~ t Last Name KAUFMAN GIDEON I 2 FI,t Narnel i u BOX 10001 -- ASPEN CO 81612 iÂ· Phone i Cust # 127381 2 Lendef ~ Last Name i 2 Flist Name Phone h:Â·f the master peimit number Edit RecordÂ· 5 01 5 W....Jâ€ž,@J.-â€ž.--,W#,N2489# gel DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Gideon Kaufman and Barbara Long; 315 E. Hyman Ave, Ste 305 Aspen, CO 81611, (970) 925-8166 Property Owner's Name, Mailing Address and telephone number Condo: K and K unit: 2. located at 1130 Cemetery Lane. Legal Description and Street Address of Subject Property Ihe applicant has received Residential Design Guidelines variance approval from the entry setback, garage setback, and garage width to construct a duplex at 1130 Cemetery Lane. Written Description of the Site Specific Plan and/or Attachment Describing Plan City of Aspen Planning and Zoning Commission, Approval for land use reviews associated with construction. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) January 28, 2007 Effective Date of Development Order (Same as date of publication of notice of approval.) January 29, 20 1 0 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued thi~~th day of January, 2007, by the City of Aspen Community Development Director. Chris Berk[An, Community Development Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described properly: Condo: K and K unit: 2, located at 1130 Cemetery Lane, by Residential Design Standards Variances on January 2,2007. The Applicant received approval of three Residential Design Standards variances, including entry door setback, garage setback, and garage width. For further information contact Jessica Garrow, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2780. s/ City of Aspen Publish in The Aspen Times on January 28,2007 PUBLIC NOTICE Of DEVELOPMENT APPROVAL 1 Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertain I ing to the following described property: Condo: K I and K unit: 2, located at 1130 Cemetery Lane, by Residential Design Standards Variances ort Janu ary 2,2007. The Applicant received approval of three Residential Design Standards variances, in cludIng entry door setback, garage setback, and I garagewidth. 1 For further information contact Jessica Garrow, at I the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2780. ~ s/City of Aspen Publish in The Aspen Times on January 28,2007. (125938) . I Section 18: Vested Property Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 1130 Cemetery Lane, City of Aspen, by Administrative Variances of the Aspen Community Development Director. RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING THREE RESIDENTIAL DESIGN STANDARDS VAR1ANCES FOR 1130 CEMETERY LANE, CONDO: K AND UNIT K: 2, CITY AND TOWNSITE OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL NO. 2735-013-26-002 Resolution #002 -07 WHEREAS, the Community Development Department received an application from Gideon Kaufman, represented by Gideon Kaufman, requesting approval of three (3) Residential Design Standards Variances to construct a duplex; and, WHEREAS, the subject property is zoned R15 (Moderate Density Residential); and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended denial, of the proposed land use requests; and, WHEREAS, during a duly noticed public hearing on January 2,2007, the Planning and Zoning Commission approved Resolution No. 2, Series of 2007, by a three to one (3 - 1) vote, approving three Residential Design Standards Variances for the development of a duplex on the property located at 1130 Cemetery Lane, Condo: K and Unit K: 2, City of Aspen, CO; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions ofthe Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets the applicable development standards and that approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves three (3) Variances from the Residential Design Standards, including Garage Width, Garage Setback, and Entry Door Setback, for the development of a duplex on the property located at 1130 Cemetery Lane, Condo: K and Unit K: 2, City of Aspen, CO. Section 2: All Inaterial representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 11111111-11111 lili 111 lili lilli 534305 Page: 1 of 2 02/09/2007 01:24 JANi CE K VOS CAUDILL FITKI,- 2)l.l\fY CO R 11.00 D 0.00 1 --1-lilli f -1111--1 Ill lilli li - lillil 1 534305 Page: 2 of 2 02/09/2007 01-24 JANILE K VCS 3 JI_L PITKI COUNTY C) R 11,00 0 0.00 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 such prior 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 2nd day of January, 2007. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ./Yk / PU#12 Q # vAL LIL City-Atforney Ruth Kruger, Chair J ATTEST: 0. Ch Llat,1(49) AEL*k J ffkie Lothian, deputy City Clerk ~6:\cityUessica\Cases\! 1 30 Cemetery lane\! 130CemeterylanePZ Reso - FINAL.doc h MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Joyce Allgaier, Community Development Deputy Director FROM: Jessica Garrow, Planner~ 06) RE: 1130 Cemetery Lane - Residential Design Guideline Variances - Resolution No. ~_, Series 2007 - Public Hearing (Parcel 2735-013-26-002) DATE: January 2,2007 APPLICANT /OWNER: PROPOSED LAND USE: Gideon Kaufman The Applicant is requesting to redevelop the lot with a new duplex. REPRESENTATIVE: Gideon Kaufman, Glenn Horn STAFF RECOMMENDATION: Staff recommends the Planning and Zoning LOCATION: Commission deny the requested variances. Condo: K and K unit: 2, City of Aspen, CO, commonly known as 1130 Cemetery Lane SUMMARY: The Applicant requests o f the Planning and CURRENT ZONING & USE Zoning Commission approval ofthree (3) Existing duplex located in the Moderate- variances from the Residential Design Density Residential (R-15) zone district. Standards to construct a duplex. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals from the Planning and Zoning Commission to redevelop the site: â€¢ Residential Design Standards Variances for a duplex within the City of Aspen requiring a building permit pursuant to I.and Use Code Chapter 26.410. PROJECT SUMMARY: f The Applicant, YE II, LLC, has requested approval to construct a duplex on a vacant 15,942 square foot lot located at 1150 Cemetery Lane. The existing property is located in the Moderate Density Residential (R-15) zone district. The lot is triangle shaped and contains slopes along the rear of the lot. As outlined in Table 1 below, the proposed development meets the dimensional requirements of the R-15 zone district. The Cemetery Lane bike path, located slightly above grade on the opposite side o f the street, provides bike and pedestrian access to the property. Page 1 of 4 Table 1: Comparison of Proposed vs. Required Dimensional Requirements Proposed Dimensional Underlying Moderate Density Residential Requirements Dimensional ~ir (R-15) Zone District Requirements Requirements Approximately Minimum Lot Size 15,000 sq. ft. 16,000 sq. ft. Minimum Lot Width 87 ft. 75 ft. Minimum Lot Approximately 7,500 sq. ft. for duplex Area/Dwelling 8,000 sq. ft. 15,000 for detached residential dwelling Minimum Front Yard 25 ft. 25 ft. for residential dwellings Setback Minimum Side Yard 10 ft. 10 ft. Setback Minimum Rear Yard 10 ft. for principal buildings, 5 ft. for accessory 10 ft. Setback buildings Maximum Height 25 ft. 25 ft. Minimum Distance N/A 10 ft. between Buildings on Lot Pedestrian Amenity Space N/A No Requirement 15,000 - 50,000 sq. ft. lot size: 4,920 sq. ft. of floor area, plus 6 square feet of floor area for External Floor Area Ratio None listed in each additional 100 sq. ft. in lot area; (FAR) for one Duplex application maximum of 7,020 sq. ft. of floor area STAFF COMMENTS: RESIDENTIAL DESIGN STANDARDS REVIEW: As part of the land use review, the Applicant is requesting approval of Residential Design Standards variances for the proposed duplex. The intent of the design criteria is to, "preserve established neighborhood scale and character, and to ensure that Aspen's streets and neighborhoods are public places conducive to walking." The subject property is located at 1130 Cemetery Lane. While there are a number of positive qualities in this project - including first story elements that comprise nearly 40% of the building rather than the required 20%, and the inclusion of porches that far exceed minimum standards - staff recommends against the requested variances. The project requires three (3) Residential Standards variances, outlined below: 1. Garage Width Variance The Applicant requests a variance from the garage width requirement, which states "the' , width of the living area on the first floor shall be at least 5 feet greater than the width of the, garage or carport." The intent of the standard is to "minimize the potential conflicts between pedestrian and automobile traffic... [and] minimize the presence of garages and can)orts as a lifeless part of the streetscape." Page 2 0 f 4 The proposed duplex includes two two-car garages. One is front-loading and the other is side-loading. The Applicant states that because one of the garages is side-loading, the perceived width of the garage is less than the actual width of the garage. While staff is supportive of the attempt to minimize the appearance of the garage through the inclsion of windows and a door, staff does not find that it meets the criteria to grant a variance and recommends against granting this variance. 2. Garage Setback Variance The Applicant requests a variance from the garage setback requirement, which states "the ~ ~front fa~ade of the garage...shall be set back at least 10 feet further from the street than the'f *front most wall of the house." The required garage setback helps create a residential environment where the garage is secondary to the living area. The intent of this standard is to "minimize the potential conflicts between pedestrian and automobile traffic... [and] " minimize the presence of garages and carports as a li feless part o f the streetscape. The front fa*ade of the structure is the side-loading garage for the southernmost unit, rather than a living area as is required by the standards. The Applicant states that because this garage mimics a living area the intent of the standard is met. Staff does not find the side- loading garage meets the standard or the criteria required to grant a variance. Staff recommends against granting this variance. 3. Entry Door Setback The Applicant requests a variance from the entry door setback requirement. which states 'the' 0 entry door shall face the street and be no more than 10 feet back from the front most wall of the building." The intent of this standard is to "ensure that each residential building has street facing architectural details and elements, which provide human scale to the fagade, enhance the walking experience, and reinforce local building traditions." As stated above, the front most wall of the building is the side-loading garage on the southernmost unit. This garage includes a door that fuces the street in an attempt to minimize the appearance that the garage is a garage. Despite this attempt, staff recommends against this variance as it does not meet the variance criteria. In reviewing the Residential Design Standards, the project JUils to meet three of the requirements. The Applicant has attempted to meet the intent of the standards by creating a side-loading garage with some architectural details to mimic a living area and by exceeding certain standards, including the first story element standard and the porch standard. Despite these attempts, Staff recommends against the requested variances for Garage Width, Garage Setback, and Entry Door Setback. Staff does not find there are significant constraints on the lot that dictate these variances. RECOMMENDATION: In reviewing the proposal, Staff believes the project fails to meet the variance criteria for the Residential Design Standards. Staff recommends denying the requested variances based on the findings contained within Exhibit A. RECOMMENDED MOTION (ALL MOTIONS ARE. WORDED IN THE AFFIRMITIVE): Page 3 0 f 4 "I move to approve Resolution No. 2, Series of 2007, approving, the three (3) Residential Design Standards variances requested by Gideon Kaufman to construct a duplex on the property located at 1130 Cemetery Lane." ATTACHMENTS: EXHIBIT A - Review Criteria and Staff Findings EXHIBIT B - Application with Site Plans EXHIBIT C - Citizen Comments Page 4 0 f 4 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING THREE RESIDENTIAL DESIGN STANDARDS VARIANCES FOR 1130 CEMETERY LANE, CONDO: K AND UNIT K: 2, CITY AND TOWNSITE OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL NO. 2735-013-26-002 Resolution #2 -07 WHEREAS, the Community Development Department received an application from Gideon Kaufman, represented by Gideon Kaufman, requesting approval of three (3) Residential Design Standards Variances to construct a duplex; and, WHEREAS, the subject property is zoned R15 (Moderate Density Residential); and, WHEREAS, upon review o f the application, and the applicable code standards, the Community Development Department recommended denial, of the proposed land use requests; and, WHEREAS, during a duly noticed public hearing on January 2,2007, the Planning and Zoning Commission approved Resolution No. 2, Series of 2007, by a to L __3 vote, approving three Residential Design Standards Variances for the development of a duplex on the property located at 1130 Cemetery Lane, Condo: K and Unit K: 2, City of Aspen, CO; 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; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets the applicable development standards and that approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and wel fare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves three (3) Variances from the Residential Design Standards, including Garage Width, Garage Setback, and Entry Door Setback, for the development of a duplex on the property located at 1130 Cemetery Lane, Condo: K and Unit K: 2, City of Aspen, CO. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as i f fully set forth herein. unless amended by an authorized entity. 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 such prior 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 2nd day of January, 2007. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk G:\city\Jessica\Cases\1130 Cemetery lane\1130(emeteryl.anePZ Reso - FINAL.doc PLANNING COMMISSIONER NOTES: RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING THREE RESIDENTIAL DESIGN STANDARDS VARIANCES FOR 1130 CEMETERY LANE, CONDO: K AND K UNIT: 2, CITY OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL NO. 2735-013-26-002 Resolution #_~ -07 WHEREAS, the Community Development Department received an application from Gideon Kaufman, represented by Gideon Kaufman, requesting approval o f three (3) Residential Design Standards Variances to construct a duplex; and, WHEREAS, the subject property is zoned R15 (Moderate Density Residential); and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended denial, o f the proposed land use requests: and, WHEREAS, during a duly noticed public hearing on January 2,2007, the Planning and Zoning Commission approved Resolution No. , Series of 2007, by a to C_ - ___) vote, approving three Residential Design Standards Variances for the development of a duplex on the property located at 1130 Cemetery Lane, Condo: K and K unit: 2, City of Aspen, CO; 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; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets the applicable development standards and that approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the 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 CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby aproves three (3) Variances from the Residential Design Standards, including Garage Width, Garage Setback, and Entry Door Setback, for the development of a duplex on the property located at 1150 Cemetery Lane, Condo: K and K unit: 2, City of Aspen, CO. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as i f fully set forth herein, unless amended by an authorized entity. 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 such prior 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 2nd day of January, 2007. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk G:\city\Jessica\Cases\1130 Cemetery lane\1130(emetery!.anePZ Reso - FINAL.doc EXHIBIT A: REVIEW CRITERIA & STAFF FINDINGS The PIanning and Zoning Commission may grant variances from the Residential Design Standards i f the proposed application meets the following: a) Provides an appropriate design or pattern of development considering the context in which the development is proposed and 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, b) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. The following are Staff' s findings in regards to the variances being requested by the Applicant. Variance Requested Garage Width. (26.410.040 C2a) On the street facing facade(s), the width 92*# f a a. -*r UJ trit t<Vt,LE UE tut Un trit Jit Al JLUUf Ortlitt be at least jive (5) feet greater than the width of the garage or carport. 0--0.- --7 P-k>-X*â‚¬ -1 a) Provides an appropriate design or pattern of development considering the context in which the development is proposed and 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 boardfeets is necessary to determine if the exception is warranted; or, Staff Finding: The duplex includes a two car garage for each unit. The garage for one of the units is side loading, while the garage for the second unit is front loading. While the applicant has attempted to make the garage appear as living area, staff does not find this meets the intent o f the standard. The combined garage width exceeds the width of the living area, when the standard states the living area must exceed the width of the garages. Although each unit is recluired to provide off-street parking spaces, they are not required to be provided in a garage. Section 26.515 of the Land Use Code addresses off-street parking requirements. In a duplex outside o f the infill area, the parking requirement is the lesser of one space per bedroom or 2 spaces per unit. The code also permits the parking be provided through "stacking" in the front of the lot - i.e. where parking is not provided in a garage, but is provided on-site and allows cars to park behind one another. Staff does not find this criterion to be met. Exhibit A, Staff findings for 1130 Cemetery Lane5 Page 1 b) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Staff Finding: The applicant states the lot includes constraints due to its eighty-seven (87) foot width. Staff does not find this constitutes a site-specific constraint requiring a variance. Staff finds this criterion is not met. Variance Requested Garage Setback. (26.410.040 C2b) The front facade of the garage or the front most supporting column of a carport shall be set back at least ,~ ten feet (10' 0")furtherfrom the street than thefront * most wall of the house. 1 EILek#/74 1 , a) Provides an appropriate design or pattern Of 5-9.4 i development considering the context in which 9 1! _L the development is proposed and purpose of v j\ the particular standard. Iii 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, Staff Finding: As designed, the front most wall of the house is the side-loaded garage for the southernmost unit. The stated intent o f this standard is to "minimize the presence of garages and carports as a lifeless part of the streetscape where alleys do not exist" (26.410.040 C). The entry areas for both of the units are located behind the garage, which does not meet the letter or intent o f the standard. Staff does not find this criterion to be met. b) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Staff Finding: â€¢ The lot is eighty-seven (87) feet in width and includes some slopes. Staff does not find this represents a significant hardship that warrants a variance from garage setback. Staff does not find this criterion to be met. Exhibit A, Staff findings for 1130 Cemetery Lane, Page 2 Variance Requested Entrv Door Setback. (26.410.040 Dla) 8.' < The entry door shall face the street and be no more than ten ttet (10'0") back from the front most wall of the , - '-s.-*il 24 >Â·#b" 1 ti~ ~ building. Entry doors shall not be taller than eight.feet. .11 441.3'.Â·t / Â·-iaL I Â· c.Â·42 ../. a) Provides an appropriate design or pattern of \0, ..0 / 0,64% t. 1 development considering the context in which the development is proposed and 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, Staff Finding: There are two entry doors on the duplex. As stated above, both entries are set back further than ten (10) feet from the front most wall of the duplex. By side loading the garage and creating a street-facing door on the garage the applicant attempts to meet this standard. Staff finds this does not meet the letter or intent o f the standard, as the intent is to place living area in a prominent location on the lot. Staff does not find this criterion to be met. b) Be clearly necessary for reasons offairness related to unusual site-specific constraints. Staff Finding: The applicant states the entry setback is a result of the lot's small width. Staff does not find the lot's street-facing width (87 feet) or steep slopes compel a variance from this standard. Staff does not find this criterion to be met. Exhibit A, Staff findings for 1130 Cemetery Lane, Page 3 12.<hibitC> Page 1 of 1 Joyce Allgaier From: Roget Kuhn [rocket@rof. net] Sent: Saturday, December 16,2006 5:19 PM To: Joyce Allgaier Subject: 1130 Cemetery Lane. Hi, I am against any Design Guideline Variances for garage location, front facing windows, living area width, and front entry door. All these design guidelines apply to all of us and were developed for a purpose to protect our property values. When I build over 3 years ago, I applied for some variances with no avail. I do not think you should grant any variances for Unit 1 and 2, K&K Condominium, lot 2, block 2, Pitkin Mesa Subdivision. Thanks, Roget Kuhn owner 0130 and 0134 Pitkin Mesa Dr. Aspen, CO 81611 12/18/2006 December 31,2006 Re: 1130 Cemetery Lane Duplex Aspen, CO 19 To Whom It May Concern: < ~ I, thÂ·Â·4 iE lt/lÂ£, (l th ( ~ , own a home in the Cemetery Lane area. I have reviewed the drawings submitted fo#a variance for the above address, and have no objections regarding this variance request. Sincerely, â€ž-1.- 04 December 31. 2006 de: 1130 CÂ©metmy Lane Duplex Aspen, CO '-' Whom It May Concern: , own ahome in thc Cemetery Lane area. I have reviewed 4 rawings submitted for a variance for the above address, and have no objections 3:ding this variance request. ,;;ccrety, Hons 8 56Awar z 138 22---Â«-~ 2-- Id WWLE:Ir 2-002 Te 'uef 6Â£02.92602-6 : 'ON X83 ' 3 ION IN3308 : 21SNWH SNWH : WON=I Jan 02 2007 4:04AM I _ASERJET FAXelmore 19 _1254224 P. 1 12/31/2006 11:36 9258780 TL AND B LONG PAGE 01 December 31,2006 ReÂ· 1130 Cemetery Lane Duplex Aspen. CO To Whom It May Concern; I, John Elinore, own property in the Cemetery Lane area, I have reviewed the drawings submitted for a variance for thc above address, and have no objections regarding this valiance request. Sincerel,4 14 2_0. 29.-__C) 42-EL L- m ....,-q- 7 EIE L L C Dec 31 06 10:448 Rc -t P."Chet"Winchester 970 5 1910 P. 1 12/31/2006 11:34 9258780 TL AND B LONG PAGE 01 December 31, 2006 Re: 1130 Cemetery Lane Duplex Aspen, CO To Whom It May Concern: I, Chet Winchester, own a home in the Cemetery Lane arca. I have reviewed the drawings submitted for a variance for the above address. and have no objections regarding this variance request. Sincemly, .-- 21*11126 y . 16 4 U B December 31, 2006 Re: 1130 Cemetery Lane Duplex Aspen, CO To Whom It May Concern: I, Doug McPherson, own a home in the Cemetery Lane area. I have reviewed the drawings submitted for a variance for the above address, and have no objections regarding this variance request. n (bucf tc /- Page 1 of 1 Joyce Allgaier From: Roget Kuhn [rocket@rof. net] Sent: Saturday, December 16, 2006 5:19 PM To: Joyce Allgaier Subject: 1130 Cemetery Lane. Hi, I am against any Design Guideline Variances for garage location, front facing windows, living area width, and front entry door. All these design guidelines apply to all of us and were developed for a purpose to protect our property values. When I build over 3 years ago, I applied for some variances with no avail. I do not think you should grant any variances for Unit 1 and 2, K&K Condominium, lot 2, block 2, Pitkin Mesa Subdivision. 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TELEPHONE (970) 925-8166 315 EAST HYMAN AVENUE, SUITE 305 * ALSO ADMITTED IN MARYLAND FACSIMILE - ALSO ADMITTED IN TEXAS ASPEN, COLORADO 81611 (970) 925-1090 December 11, 2006 Aspen/Pitkin Community Development 130 South Galena Street Aspen, CO 81611 Attention: Joyce Algier Re: Variance Request for Lot 2, Block 2, Pitkin Mesa Subdivision; a/k/a 1130 Cemetery Lane, Aspen, Colorado Dear Joyce: As we have discussed, we believe that the variances we are requesting from the residential design standards are appropriate for an administrative variance. The P&Z, this past November, on the property next door with very similar topographic issues, granted a similar variance request. It is my understanding from the P&Z's comments that they felt it was appropriate for the Planning Staff to grant an administrative variance in a situation such as this. We believe we went even further than the previous application in meeting the design standards by side-loading one of the garages, and enhancing the residential feel of the majority of the facade facing Cemetery Lane. We have exceeded residential design guideline requirements in many areas. We hope that Planning Staff will grant the variances, but if you are not inclined to do so, we look forward to discussing this matter with the Planning and Zoning Commission. 1. The subject property is not a typical lot. The front of the property line is approximately 87 feet, which is not typical of the lots in the vicinity, most of which exceed 100 feet. The topography of the lot is such that it drops off on the sides, as well as in the rear, which compounds the difficulty of meeting all residential design standards. The combination of the size of the lot and the topography makes conformance with some of the requirements of the design standards very difficult if not impossible to meet. In fact, the design guidelines we are seeking variances from were implemented with the west end in mind and are not practical or often desirable for Cemetery lane. Most of the existing homes in the vicinity do not conform with these Aspen/Pitkin Community Development December 11, 2006 Page 2 regulations. Photographs of examples of typical structures are attached hereto. 2. Section 26.410.040(c) (2) (a) states: "2. For all residential uses that have access only from a public street, the following standards shall be met: a. On the street facing facade(s), the width of the living area of the first floor shall be at least five (5) feet greater than the width of the garage or carport." By designing a side-loaded garage, Applicant has eliminated a front-facing garage. The Applicant has gone to great lengths to make the facade look residential in appearance. The width of the area that looks residential and liveable on the street floor exceeds the width of the street-facing garage by significantly more than five feet. (Please see attached drawings.) We believe that the design conforms with the spirit, if not the letter, of this subsection, but request a variance to this requirement, should it be deemed necessary by the Commission. We believe this is consistent with the design criteria which is to preserve established neighborhood scale and character, and to ensure that Aspen streets and neighborhoods are public places conducive to walking. 3. Section 26.410.040(C) (2) (b)states: ~2. For all residential uses that have access only from a public street, the following standards shall be met: b. 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." Section 26.410.040(D)(1)(a) states: ~a. The entry door shall face the street and be no more than ten feet (10'0") back from the frontmost wall of the building. Entry doors shall not be taller than eight feet." Aspen/Pitkin Community Development December 11, 2006 Page 3 We have combined the discussion of these two because they are related. The combination of the size of the lot, topography, building area restrictions, and property setbacks severely limit design options. As a result, it is impractical for the front facade of the western facing garage to be set back ten feet further from the street than the front most wall of the house. However, we believe that the design of the southern facing side of the unit which utilizes a side-loaded garage more than offsets any impact created by the lack of the ten foot distance which the standard requires. When considered as a whole, we believe that the intent of the standard to "minimize the presence of garages and carports as a lifeless part of the streetscape or alleys has been adequately met. A review of the attached drawing shows the west elevation as consisting almost entirely of residential building with street facing architectural details and elements. This provides a human scale to the facade, enhancing the walking experience, and reinforces local building traditions. The construction of the side loaded garage to the south has enabled this to occur. In addition, we feel it is important to note that Applicant has far exceeded the requirements of Section 26.410.040(D) (1) (b) , insofar as there is significantly more (almost 3 times the requirement) than fifty square feet of the required covered entry porch on each unit. In addition, Section 26.410.040(D)(2) requires that residential buildings must have a first story street-facing element, the width of which comprises at least 20% of the building's overall width. Applicant has far exceeded the 20% requirement, and actually has 38%. 4. Section 26.410.040(C) (2) (c) states: "c. On lots of at least fifteen thousand (15,000) square feet in size, the garage or carport maybe forward of the front facade of the house only if the garage doors or carport entry are perpendicular to the street (side-loaded)." Applicant has met this standard with respect to the south-facing side, and requests a variance for the other side. Aspen/Pitkin Community Development December 11, 2006 Page 4 5. Section 26.410.04(D)(1)(a) states: "a. The entry door shall face the street and be no more than ten feet (10.0) back from the frontmost wall of the building. Entry doors shall not be taller than eight feet." We believe that from a practical point of view, by side-loading the south-facing garage, the entry door can be considered less than ten feet from the frontmost wall of the building, but in any case, a variance from this standard is appropriate given the design of the house, lot constraints, and neighborhood character. In summary, we believe that the intent of the design criteria is met by the granting of these variances. Also, the Applicant has gone to great lengths to design the structure in a manner which clearly preserves the established neighborhood scale and character as well as exceeding conformance of neighborhood houses to the design guidelines. In addition, the western elevation, which is the most visible aspect of the design, consists almost entirely of a residential feeling with architectural details and elements facing the street. In so doing, we have preserved the human scale and maintained local building traditions to the fullest extent possible under the constraints of the site. In reviewing our request, we ask you to consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, and the broader vicinity which we believe tends to show that the proposed development is consistent with past approvals by the Planning and Zoning Commission as well as the existing setting. Sincerely, KAUFMAN, P,EW#2SON & DISHLER, P.C. A Pr~Â£~pdtonal Corporation Gf~e~ln Kaufman GK/bw U Enclosures SUBJECT PROPERTY 9,11*., - - 0, D g C ,Â· ,:cO .(44 ~ $ 2 - 4- :U . 714 Rd 2. 0 @-21 - 44 '9/ ; 1 , .221 -5- *co b> cÂ¢Â· ~ ~ -Â·44& 9 ~Â© : 0%w*,0.) - 6 2 % 4 -. - li .4 . 4 ' Â· ' ., GcU Course -, -0 1 e I (gxÂ© 9 9, 7. 03 .. . .... 5. 1.9. f ' : ' 1, ..6. 1-;:'4A=3% - -, /1 0 , t..tÂ·::...i.. j..0;21~i:Â·i'>0.. F, R.'-2- . -Â·Â· -L hr . r -- 65 74 /0990* 2. - 0 Triangle 5 8 5 . 67 2 Park r. 2 2 2 4 3 101' +2 2 . 4 - Marcr.n Crock BO 4494 00 R 9 0 W MiÂ® St i .''er 1. 61/ A.abi 4, .to 9... 449. 4 1 , I- < - 2 44 'Asper; Valley - 1'Â·'/in*4 Hospital -I ~ - U Magnet 14- boy Ve Park LJ Ses E 2.22 12, *2006 Gocgle - Map data @2006 1\1~~EQ , e-i.Â·Â·,ci VICINITY MAP & KEY TO PHOTOS PAGE 1 f t.., 6 -4 5}Â·of.4 Lr, . â‚¬ f /,R pule 9 Â· ~~j< ~ , 1; 9,4,~6 ; , 1 1 J .ar.G I THE GARASES DOMINATE BOTH BUILDINGS. THE ENTFCY OF THE UNIT ABOVE STEPS BACK TAICE FROM THE GARASE MALL AND THE ENTFCY BELOA AFFEAFCS TO STEP BACK MORE THAN 10 FEET. IN THE BUILPINS BELOA THE LIVING AFIEA ALIPTH 15 MUCH LESS THAN THE SARASE AIDTH. 379Â£4%93**>07.-M .Â·.<717*1 '40."4.---2,/faq"imihit,4/196%:,I: :=.ta'r ...Mft-~rciLj,, ..>4'Ai>Wli~~99116 f Â«4 24 ; 1 - :-i 1 . t< . i 9% i.- Â· 0 t I - P . 1,- ..2.*,Il ...2 ~.1.. ' ..2 -- ,Â·0 , . ~. '*.frI;.9.3..6Â·Â·:Difiti:lti 43~1 1%7, - . *.-tÂ¢ZEâ‚¬229'3 /' I . 4,fl'S .fr.t..Ii. Â·0'.Â·T'30 95~CRI'l';'til'~~.t~~ea:ttÂ·eI>kÂ·t $25*Lifit Â¢2> . - - ki*li;IM#I"(4.4,~p~&~~Il~.~~k#0"*iCII*~*~~~&%43~i~f Â® PAGE 2 .Â·Ar. I:'r #.4..7' Â· 26*aftatÂ®:~%~ latu.54544>Ifi**59 1:&935#3lizilibillijoiREijv:r.<1,11~'3;ilÂ·?94- trr- ..lf AW.Nioh/612;JBS/*Iti- Â» . 1 1{ Aj~~fl. t.': :-Ilia ~17*79;.7.:,4-< LA.-Â£3-frt' Â· I 3 .1 - S : 1.1 .. 21\~~~' ' 'k 4 -ify./1,4.r ..Â«/- <. Â·â€¢iÂ·Â·/. ... Â·-Â· Â·. Â· -Â· - ...2. ./. I ./ ./ , , .gy I Â· ....4.-. ~'-Ii-'10*.4.~.%*tow:92~.t - .- ..' Â·IU.'S' ....IA c':ruC.~p. 6-Â·Â·-. 4.:ft'7-2 '-1 â‚¬'S,Jliu:~4Â·4~rlâ‚¬:-Â·r :. F:.$7 24. -al**192--~~*24--K:&3Â·: Â·sÂ·4-Â·: 2:-1,Â·it.*R.Y:.',6Â»,~..Â·Â·Ck!14:41:2*f- -'7# '* + THE ENTRY STEPS BACK FROM THE SARASE IN BOTH PHOTOS. ju .rt:~ - Â«Â¢:;"71,â‚¬ 5 PAGE 3 1 . ...../.-.- -.. '-:.:2 //***/-'. 7.aK .. .-.. . .. . . ..~ Â·Â·22%~i~ ' Â·3'->irk--7.:-6.Â·- --2.:.i.i-C.LXÂ·---4--4-4-.<11 4, 4 ' '~ ~Â·~ ..Â·.31Â· PU*,3.-LA.....1, 14#4 , /2..f-',..Xf.'lit>,*&* ~' 1.7. . .. - . /2 .~ 49= 414.'*pi~if~~l':r- TE.JU 14 .9- 14~,--*.*-:r:{1~1'0:7~ p Â¥ 1; 4.1, ... . .......... .......2 A Â·Â·,1-'he .2-7 6 - ... 0 . L./ 1--LiT*'020211*:~,2. ~11~~~~J%~4plt:~; THE ENTRY STEPS BACK FROM THE SARASE IN BOTH PHOTOS. POUSLE AIDE POORS ARE USED FOR BOTH SARASES IN THE DUPLEX SHCAN ABOVE. Â· 0-3-9-3/2- , . fr 93. 8 .. r,, . 1 4 PAGE 4 , 67% D -1,1,r1piym/:/-~a#jimmuk -. . *e.*$*#4 -1,-,1.,'-'.,.-**, 46=*â€¢.I.*d!!~ . ...Â· . I. 72&1 Â»,i ..../2............../.Met; I.:7~f'.5,4273440 :-- , -1-St pilt..1 . :-- THE SARASE ABOVE COMINATES THE ELEVATION AND nHILE THE SAFCASE BELOR SETS BACK IT EXCEEDS THE MAXIMUM AIDTH OF 24 FEET. MI~/7~.62.13442:.2/6 /1.1%*I..'23452/'AN:229:Â¢9%9Â£1'~,%Â»~.ti, 33. 5Â»22253%. ,,- ..,.ia*39ffefar:7.5--" .4--743%90.-63 1 g .A. "- *7 .Ipirweit 1. .. . - .......â€ž, 8't E/:ti*M<-##'.'1 t ST ..'.."./.-I. tk=- .* .-r-'- - .. .Cr --- .-- - ./. .-'.' " ... , *C 7 -â€¢U ,/,11..: r.'=4.24Â«.Â·NO-"I 'UÂ» - e. .... :31.-# 1:v-*A ...IF. Â·Â·Â·,0 .457::' .1-f ,-i : 1 c . EY li i.: . : 0 f( '*A:- -1.__r'=Â»'uffs-,s.42&' Aibblii-:~ 4~.:4*i: *;23?~fij~:.:Â·~1biÂ·t:Eit* f,~~ PAGE 5 . 'le Â·.:7124 2,20 44#1 ' 2 Â£ D .Â· f I %4, 4.ii,14 < 1 11,1 . A , 6,91..93: 07*1;t-:4----7 Â¥Â»fÂ·.13 4.trÂ·>'Â·,-rÂ·' 9 Â·494==t -frj: De..r'. &447 4~fr. ~7 *~1\ 1.2,~. " 1 Pi J I ' - 0.. *.kil'F:*I/-.I//- . - * 49. . r - .... k ;y I-Â». . } 1 7 I /4/ 4. 43 1 4 *.'. 4 *4 4 THE GARAGE POMINATES THE BUILDINGS IN BOTH PHOTOS AND THE ENTFCIES ARE SET BACK FROM THE SARASES. IN THE BUILDING BELOR THE SAFCASE 15 AIPEEZ THAN 24 FEET AND INCLUPES A DOUBLE ACE POOR PLUS A SINGLE POOR. 4 -2.44 42:1 4 . 4 , IK, . 4,2.659.4.*.r.ZA@: 1:,2 " .=3. 7- '. - 7M//45362/ I 1 - 1 4. 4 .. .91 < t. . . I 4 AV I. ....I 0 : 0 4 2. , h 1 -2.. --- 1~Â·f>~. ut- 1-31. - .r. = , 1 : , PAGE 6 7,=40 f. i,,1 81 F -' f: 7: i . 4 i .. - t 3. 6 2, &' -A + .1 4. 1 Â·: 19 7: 1 Â·. 1.1 - I _ i - #CÂ·-~ - -â‚¬25%; 14 - - 11 1 Â» 26, THE SAFCASE IN THE PHOTO ABOVE le AIDER THAN 24 FEET, HAS A DOUBLE hIPE SARAGE POOR PLUS A SINGLE, ENTFCIES STEP BACK FROM THE SARASE AND THE LIVINS AREA FRONTAGE NOTH IS LESS THAN THE eARAGE nIPTH. THE ENTRY SETS BACK FROM THE SARAGE, MITH POUBLE AIDE POOR, IN THE PHOTO BELOA. â‚¬ :N : 02165.:1-fi.*pÂ¥V .f 2 . :2 - - . .. , . ... ; z.>.i.. 42:199,99 4-'' SPF" .1-1.... ~0.Tie,U- -9 ' *râ€¢' 2.da Â· - -.- I V -/ 9. 4.. -8 3 0.2 01 I il'. . 17 I. ./14+ ; , ... vcr Â· 0.Â· Â·Â·r,-~-p: ~ Â· - 1 tlÂ·., .. i A . . ; .. , : ''h~........0 ,- '. . " ..: . . .J , PAGE 7 .. 1 7 - If . $ I . L 4 j *- 4- 9 24722 -,Trr#GdOS -40.-2--: 9, .... '././.. -liz -4./.*. .,. ' -tg=j+2 1 - 2.- - --~ THE PUFLEX ABOVE APPEARS TO BE ALMOST ALL SARASE FECONTASE ON THE MAIN LEVEL. THERE 15 NO 1 STORY ELEMENT EVIDENT. THE UNIT ON THE RIGHT STEPS BACK FFICM THE UNIT ON THE LEFT. BELOA THE ENTRY SETS BACK FROM THE SARASE. . Ealls:/35 itrielle:kieptiee*#illillillillillillillillillilillimlp.:3924./r.Â£14 7.4:9 AA~ -1 12 23.:4 1~48Â·K*Â·74~r212 p 1, Ar ~ 7.7 ris,/66?3211612#661*66;5 1#: ME=za 9 N. ' f ...: 3:~.:4 A 6 -Jz Lii Â· . % ~ '. I .:4[..It...iÂ·..,Â·.itt,Â·1Â·43â‚¬ :7Â· c;*4.'fÂ»*Â«:: - i - ~ ,.ni F.6.-39 :*3<4530 +OINUe.13*33...rt'.:41.*. --~.... . . . . -- ~ : ,Â·Â·.661'1 2,:t ~% .4.'f 31:Â·Â«XE'/'2-1Â·rf> t>:8.- . *. -- PAGE 8 , ' tÂ· 1.;.~.ts - I 65** ' V,L .6 . f< '4 7. 1 $ I ..-6.: , t. . .- --e - -1 -.dpic.'.. - : 331-,4 . 44215* Dtll .4 3* * W.-754*k.~9*6$ Â·. I . 4 . .. 2-2422'4:* .6 =PZZ*.fi~-4-f.w#*r*:Fri::Seb/&21-,~1~~*Z~2.]il-I-Â»30.~ - ~ WLâ€¢Id./.InÂ· THE ENTEZY SETS BACK FFCOM THE SAFCASE, IN BOTH THE PHOTO ABOVE AND THE PHOTO BELOR. I Â· ..7.- s. Â·: 2~ -2-Â·'tj<<.4'Â·Â·:.4'2~;~ 'V'fÂ·Pit, ..el I. ..*I-- I.-J-.I ........ 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' - Â· ...:.. ow. t=~f#9542:244~7- I - r 74 - ',4 9Â·Â»Â«,44Â·3'Â· Â·'312'~77< .6 .3 Â· .0-4, I Â» " -/-'â€¢â€¢ t,â€¢I,IN.,,.2.-S.fÂ· ; .1,1-1 - - - -.'.7- 2/9,4129,---4...'- - p r.-/<*41+.etÂ·:wge,tek:~rgti~Ae/4..i#41.0#1WPL-* *--/. 9-44 I.: 4, Â·440\. lit, .... 2.Â· ,t - ' -rtub --44.el*.Â·=C{4 4 * 1Â£*pi f%# Â£-L <:.*-::5Â£~~~~i ~NJET*fÂ»Â»442*49644Â«44 .- 4-$ R.Â« 2.;Â« Â»nive-1 yo~-Â·1Â·â€¢721.,A~00'.1-1. .t.p Â·.....,1.tule.,O-J tr: 1%* . Â·2. .. -. -7.Â· .- , 464#4 f. 239 00 Lg 3 '0033'90 f R ------ 11-' 26'-0 21'-6 ' 0.0" I UD ON G r!1 > 13-4 8 - , 14'-q" 21.-6 ' I k 0 0 m 110 A - 3----------~-------------+I A 9 1 (3~ D rn - - -- - --p. 1 11--.1 h - 1 ff-L U L- C r=fl j i I - 1 RE D 3 9 101 M 30-7231 Y 61 Ws'-1 I g 2 : Z G *44 -1 1 - ----- 0 3/0 m Z fu - . i 1661 0: 1.11 mt 1 Im pal 0 ING lip 0 1. 1 tIE f U Z 1 11 , 4 CE Jk k (1 - el, 0 10'-O" SETBACK ~ ~ ' 30'-O" -7" 90'-0 APPX. START OF EMBANKMENT ~ JES-LeETBACK~ -- 4 30 4-- 4/127------ 0 1 < g -----------I---------------------------------I--------,---*--4--------I--------I- ~; ~ BARBARA LONG & ASSOCIATES, NC. 1130 CEMETERY LANE DUPLEX ..0 10* 1603 , \ 225 N. MILL.... m 1130 & 11300 CEMEFERY LANE Z : ASFU~ COLORADO 81.1 LOT 2, BLOCK 2, Pin<IN MESA SUBDIVISION i.,m ....0 1*x t.,0â€ži,-mo m ASPEN. COLORADO IN V ICS OL/L/r I= /=111.9 1=/ \= 1 IN V n - DRIVERAY AVMEAIFC 3 .00,00.Ob N 0 3016 3=FICE/ BED DINING KITCHEN eN,Al-1 LIVING PATIO N 20Â°00'00" A 1-15.86 ! L I 1-, 1 1 11 1 1 I ., 25'-0" SETBACK - I I ll| |Il T NO._0â€¢ SETSÂ«tl- 1 1 11 ANTIC:PA-ED LONE.2 LEVER MECHANICA_ 1 1 ~ LA,NofÂ¥ 1 1 1 1 , MEDIA I 2-3 BEDâ‚¬OOM/BATÂ» 1 , 1 I I .+-- 1 1 . 1 1 1 1 \ 1 F------ lin ' LD 1 \ , Ux \LI 1 22 /1 1 ----------1-- 1 ,/ *01 'Em I rl , , 0- -- 4 IT- = Â§%3 1 1----In 1 U. i im ' ' /3 | , ANTICIPATED LOPâ‚¬F. LEVEâ‚¬: ' ' ~ V MECPANICAL L LAUNDRY MEDIA 2-3 BEDROOMBKha j 1 4 111 1 /6 1 j / , ; 1,0 1 l / 1 \ AL~ * ,t'MW i R el 1 . - 42 i /2 Ut i m O L.-- , 16 94 / 4 4= N 40Â°00'00" E 154.-18' DATE 12/14/06 VARIANCE ~ LOPNER LEVEL SITE/FLOOR PLAN 2 -1 1/B" i 11-01' C SHEET NO: A-2 '3313Â¥â‚¬1.LEgS â€žO-,0~ ] INEW>INVGÂ»3 =10 lh[*19 -X W NINUd 7 1 34'5314100559 9 90401 01Â£.lz. XV' 0'" ~"- N 00Â°00.00 11 1 Al 175.86 4 1 4 1 , .1 LINE OF AA- BELOR (79) |~ ~LU-11 -r 25'-O" SETBACK ~ ~~BEPL 1 1 1 1 1.------1--1--1.---------#.------ \ H : DES.Kl i A l !107 , F 1 1 1 . 1 ; ORESS 1 MASTE,R SUITE I 1 . 21 7-39-T . ~ L.INE OF MALL BELOR (TY'F) , 1 , ---1 MBAT-1 0-~|_ ON i ' i- 4244 I 1 1 1 : 1 1 l illa 6\ - - LINE OF MALL BELOA (TÂ¥P) i l~% 0 \ t 1 1 1 f 9-1 , f I - -au 01 7 P _3-3 O- 1 ' / 0 jiff 6 i A / -pUSB / 1 10 -r. 1/ /9 -197 LINE OF PNALL BELS,N (TYÂ°) ' 1 SUITE i 15 -1 / b\ KI--7\ ~- BAâ„¢ j DECK o: 99 imi Â©if i 44 1 I I| 9 mIUPIH -'41 1- 9 /0 /m 1 / f 1 0 i â‚¬1 /A . E- f . - E .1 9\ l /2 91 1 iw 9 / 25% N 40Â°0000" E 152.78 DATE: 12/14/06 VARIANCE <-h UPPER LEVEL SITE/ FLOOR PLAIN a ~ 1/e" = 1'-0" ( SHEET NO- ' 310Â¥9136 ,,O-.O; INDDINVâ‚¬HZ! =10 1hly.1.G XacIV )(3-Idna 3 oeÂ£./.&.....7p . â„¢ -- Scot--1----- 3 i,00 ,00 49 10,3.--/4-- ---T- 4 1 11 -1 -m 0 1 11 1- 1 ! Z t k) ' U 12:12 12:i:2 1 1-1 1 /1 1 1 12:12 12:12 i 1 L_ i ~ _12_12 _ 10:12 12.12 1212 1 IO:12 10-12 i '' . , ! / 1 1 ---1 1 1 1 0 ' 1 1 \ . 1 6/. 1 f 12 1 ' , 1 4:12 ---1-- ! : - 10.12 012 1 ' 'IIi , PLAN NORTH U| 10.12 1012 1 1 4:12 ! :1 CP - ff 1 - 1 1 1 / 1 0.12 10:12 1 412 1 1 r 1 1 10.12 10.2 10:12 10:12 1 10'-0" SETBACK, ' APPX. START OF EMBANKMENT ~ i [p'-O" SETBACK, 563<33--- 43127.--:-- ~ M BARBARA LONG & ASSOCIATES, IC. 1130 CEMETERY LANE DUPLEX C ..O, 10*.01 1 > - 225 N â€¢Al ST. SUTE m 1130 & 11300 CEMETERY LANE AZ A.e,COLOU=,Mn LOT 2. BLOCK 2, PITKIN MESA SUBDIVISION {972 ~25 *110 FAX /70Â» *23 *700 m . ASPEA COLORADO 25'-0' SETBACK 1212 2.12 3 â€ž00,00.Ob N 12.12 4 12 0 2 DECK N 40Â°00'00" hi 75 B6' 3030 1 ON 133HS - I- k + 4 E + 12 O 0 jo -0-0 4 C 1 -< 1, = O /11 ., C iii '0 = -1 1 1.1 1 6 I : -P 1 1 16 1 1 M ' - -1 1 0 Z [34 L-- 1 1 i CD ~ --4 - 0 1-11 liD J -1 Am U 111 4 e - \1 X > N. a N d lir-1 UN 0 BE'Â¥4=ZE IN \\\ t.\ Z ill\\\Â»X \>N \1% \64 I r-- m iR P .Ni=- Nm \1 R.=42' Â· t -1 7..FE.2- \\6\ - 17 0 04:7 i li ;4*kl=1% . mR iii-4-g-4. R * _III . 1 4------ -1 VA'/ 0 -0 -4 0- 1 1 W Z ~ t- E 59 i D k , Ok 1 TE L_ i- -- 0 1 . 1 , LI U 00 1 ~14 M \ lid,$4 0. 1. 1 'N 1 ~79/ 1 , 14 - - 212Â» ~ ~ 4/ 04. < y > M BARBARA LONG & ASSOCIATES, NC. 1130 CEMETERY LANE DUPLEX I if 0--.y'.7 1130 & 11300 CEMETERY LANE U' 111 g {'. ISÂ·'140 FA.x,I,q.Iâ€žIl LOT 2, BLOCK 2. PITKIN MESA SUBDMSION ASPEN, COLORADO to _Iwil 1.4943+Â· O-GE T.0 SLAB: 610-0 <~TO. PLY Â¢ PLATE: liD-O .~T O.PLATE. ! Iq-0 25-0 -Eleâ‚¬ LIMIT Iv, 2116 Â£ 3015 SIDE '5 ON 133.5 ' - . 0 11 L 1 1 10 10 10 1 9 N 1-0 1 'S e di 1 10 1--16 10 -0 6 r 9 1 Â·0 61 0 9. m , 1 J 1 0 1 1 0 1 < 1 > 1 -1 1 0 1 1 #1~A ll' 1 11 liD 1 m , 1 1 1 itoi ... IiI 1 g : rn U] 1 1 1 '1 1 11 1 1%09 1 4 1 1 1 1 1 t t 21 i (P 11 1 1 1 i \4 61 11 'FE . rEE'it i <,27 11 \4 1 \I: I A \4 1 //f - /4343 1 1 R J 916 1 , 1 Ui ; Fil >4 E - ~e 1 1. 1 1 . 1! 2 // 1 /al . 1 1 1 1 1 - - I.} 9 1 111 1 1 t 4 -t 1 -0 61 1, r- m t /11 - m tlf\â‚¬ N -- 9 f M BARBARA LONG & ASSOCIATES, BIC 1130 CEMETERY LANE DUPLEX f â‚¬ m r:&-m 1130 & 113OD CEMETERY LANE Aspe, COLO-400 1/I LOT 2, BLOCK 2, MTKIN MESA SUBDIVISION Â§ i Brn.0,4,7..2â€ž710 ASPEN, COLORADO 0-Ob :e~-1,6 '(71 ~ O-001- Ald'O*.L-~ 0-QI le.LÂ¥15 1 Â»1,1 01+ 0-ell :ELLÂ¥1=01~ .LIH!11 1,91 +4 0-GE $10-11 = .,9/1 NOI-LVAE-13 HlbON O 5=p- 25-0 HEISHT 1-IM :ON 133HS ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: Name: 40,42-p Cop') 6-'De, /cau Fen' Location: 43Â© dmATAY /,rivt Lor -2 4.Coc)( 3 21 T-/0, HES A (indicate street address, lot & blbck number, legal description where appropriate) Parcel ID # (REQUIRED) 2-735 -D(- 3 -26-302 REPRESENTATIVE: Name: RM\Ang Lo,Â°3 (01/.in 4, tfuk Address: 3 ts- 121 /4-9 4/1-2 Phone #: 1 1,9 q66 PROJECT: Name: Address: Phone #: TYPE OF APPLICATION: (please check all that apply): Conditional Use U Conceptual PUD U Conceptual Historic Devt. Special Review U Final PUD (& PUD Amendment) Â£ Final Historic Development Design Review Appeal D Conceptual SPA E Minor Historic Devt. GMQS Allotment U Final SPA (& SPA Amendment) U Historic Demolition E GMOS Exemption J Subdivision El Historic Designation E ESA - 8040 Greenline. Stream U Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane El Lot Split U Temporary Use 0% other: R D S gl Lot Line Adjustment U Text/Map Amendment V 4, I G '1 CL EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 13 isn ) bu Quko PROPOSAL: (description ofproposed buildings, uses, modifications. etc.) V en, R., AA,t DAS r K % T* D /31DI Have you attached the following? FEES DUE: $ 914 131 U Pre-Application Conference Summary El'~Attachment #1, Signed Fee Agreement E Response to Attachment #3, Dimensional Requirements Form E Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. RETAIN FOR PERMANENT RECORD Ouum CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees \\ CITY OF ASPEN (hereinafter CITY) and th,born Lot /6dtoin fou-fÂ»-4 ,-7 l (hereinafter APPLICANT) AGREE AS FOLLOWS: ADS V (tri Lit.OL AP~LICANT has submitted to CITY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 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 full 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 are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full 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 Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Community Development staff time, and if actual 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 $220.00 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 APPLIA r By:' DL.:7'(CÂ»- ~r~.~.r- By: /~ .Â»lie64nnÂ·-Weods OF, 1 J /36 T-Â£/T~ Community Development Director Datel P- --) /240-6 Billing Address and Telephone Number: Requirred :Â· (rp deM b R fyw~ qi / 69 60.*- 315 tr HY Al 4 A Am . 54 , 4 599 g:\support\forms\agrpayas.doc 01Â¥i+'Z i 60Â© biG 1 1 11/30/04 RETAIN FOR PERMANENT RECORD 915 - 8 1 & 5 7 4, '1 -1 1 , / 04 -4 pA P - Â·h...~ 8 , 4 11. i <# ..4 Â· PUBLIC NOTICE DATE 1, 7 3, f ... TIME 4.11{) f.m f ,.un 6-47 Hal I ' PLACE /,4 .1 & 0.-.1 2.96 art- . I.:, PURPOSE IL Flew- 0 , â‚¬.unt " ' Â· - 97 V:lfl unce. 15 4-19' k. a , 7 .1,1.6,11'al 'lf-,17'1- ';,9.11â€ž'1' 1 9 /2.Y Ove 9.1,400Â·'' PRoll'rme"IMI j. 464*4*dÂ·., i'//2, ID L'N'i 81 [L) ('1*1 J EK / [ arK , 'Lot 1 , 94:, .5 7 , FiÂ· tir, Rf 24 ' A,r 1,/Ari . *bA'A ' ''12 0 2.4, ti .wil , 4.1,1, il' , $ ~.,11~~,11,01,1<Aufl# . /4, ./.Al . F00 HURTtlEE 11!FoaMATION CONTACT: - THE CITY Of WEN M.All'lliG DINAYIINT , 130 S GALENA ST, â€¢0PEP,40 1970,920+50~0 .. - I - 6 / 6 I ..4 , 3. ING:pr.329-008 : , 4 //i- '4 - .. 2, I .1, .... ~ L 4\ '44?.0,1*,4 â€¢WaL Â· -,/4-4'-9 Â· 1 11 - t- .. d ' 4,, 4 F. M W ' 't i' .;. #4 , 4 01 .. f 1 UN:-Â·; . w. M - 0,--' - ---Â·, i nola,7 L . I. I- i kÂ·Â·i j.Â·200: 1 I ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQi'~Rf D BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 1 1 30 CEN,c21'ER# LAVEÂ· , Aspen, CO SCHEDULED PUBLIC HEARING DATE: / - Z , 2001 STATE OF COLORADO ) ) SS. County of Pitkin ) I, A, Â»he/ 5- 729 C.Â«tÂ«- (name, please print) being or representing an Applicant to the City o f Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. .4 copy of the publication is attached hereto. A Posting of notice: By posting o f notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the i lihilay of Deceen ber , 2002_, to and including the date and time o f the public hearing. A photograph Of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date o f the public hearing. A copy ofthe owners and governmental agencies so noticed is attached hereto. (continued on next page) . , Rezoning or text amendment. Whenever ine c..1.-a. 2,=.hg district map is in any way to be changed or amended incidenia; To 07-73 39: E of a general revision of this Title, or whenever the text of this Title is to L=; 3 mended, whether such revision be made by repeal of this Title and enactmell: of a new land use regulation, or otherwise, the requirement o f an accurate survey map or other su fficient legal description o f, and the notice to and listing of names and addresses of owners o f real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. (Oftil?~ ~ignature lu The foregoing "Affidavit ofNotice" was acknowledged before me thisOrriday of FTC , n i . 0 |0 4 , 200.1, by 13Â· C hri 5 --90 03-ne-fl WITNESS MY HAND AND OFFICIAL SEAL My commission expires: -11\ 3-)~ D F 11'37 0: feÂ» 10 14414 (.0 2000 2:( â‚¬29 Â· U / f? Notary Public %. /6 ~EFUs., ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAf il OF THE POSTED NOTICE (SIGN) -- LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: THE K AND K CONDOMINIUMS, 1130 Cemetery Lane, Aspen, CO SCHEDULED PUBLIC HEARING DATE: Tuesday, January 2,2007 at 4:30 p.m.; Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena Street, Aspen, CO. STATE OF COLORADO ) ) SS. County of Pitkin ) I, Francesca Shepherd, being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. ~><% Mailing of notice. By the mailing of a notice obtained from the Community / Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 'Un U.li S 6,1-40 vof Signature The foregoing "*ffidavit of Notice" was acknowledged before me this i ~Ay of Decernher- , 200-6, by Fran ce sca Â«hY~herd 3 1 WITNESS MY HAND AND OFFICIAL SEAL (f?~.--08Â¢&6 i o My commission Axpires: 1 ' .FAip 39 .... 0 13 1 09 Â«*Egie Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL Easy Peel Labels Â£2*1 9 A I See Instruction Sheet I EZZ?iA ~AVERYÂ®5160Â® 1 Use AveryÂ® TEMPLATE 5160Â® Eal A. .r- iu, cavy reel rec,ium1 -~ 1375 RED BUTTE DR LLC ASPEN BLUE SKY HOLDINGS LLC BECKER BARRY 604 W MAI N ST 302 E HOPKINS AVE 50 S JONES BLVD #101 -// ASPEN, CO 81611 ASPEN, CO 81611 LAS VEGAS, NV 89107 FRIDMAN JAIME CEMETERY LANE LLC GARDENSWARTZ TED D C/O SIVERNON 68 TRAINORS LANDING , 1100 CEMETERY LN 100 ELK RUN DR STE 103 ASPEN, CO 81611 ASPEN, CO 81611 BASALT, CO 81621 GAULT CAROL A HERSHEY CAROLE STELZER HEYMAN RALPH E TRSTE 1098 CEMETERY LN PO BOX 2888 10 COURT HOUSE PLAZA SW #1100 ASPEN, CO 81611 ASPEN, CO 81612 DAYRON, OH 45401 KAPSA MICHAEL T HIRST NEILL S KAUFMAN GIDEON I CAMERON-SMITH SHEENA J 300 PUPPY SMITH ST #203-270 PO BOX 10001 PO BOX 3060 ASPEN, CO 81611-1455 ASPEN, CO 81612 ASPEN, CO 81612-3060 MEBEL GREGORY E KUHN ROGET D MYERS VIRGINIA V IBARA RON 0130 PITKIN MESA DR 1240 SNOWBUNNY LN PO BOX 9757 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 PHILLIPS ARTHUR & HELEN PORTER CATHERINE T RICHARD PETRICK & ASSOC. 110 PITKIN MESA DR 3616 FULTON ST NW 319 MILLER AVE. #2 ASPEN, CO 81611 WASHINGTON, DC 20007 MILL VALLEY, CA 94941 ROBINSON LEE ROSENSTEIN E JAY SADRON ALEXANDRA & NICHOLAS I 0120 PITKIN MESA DR 5000 MONTROSE BLVD #22D PO BOX 7814 ASPEN, CO 81611 HOUSTON, TX 77006 ASPEN, CO 81612 SCHRAMM JUDITH JANE LIVING TRUST SHERRIFF RICHARD A STARENSIER DAVID & PHYLLIS ' 0150 PITKIN MESA DR 746 HILLCREST DR 1355 SAGE CT ASPEN, CO 81611 BASALT, CO 81621-8547 ASPEN, CO 81611 WORTH CHARLES E & ANN G TRST YE 11 LLC YE 11 LLC 1380 RED BUTTE DR PO BOX 381 PO BOX 381 ASPEN, CO 81611 WRIGHTSVILLE BEACH, NC 28480 WRIGHTSVILLE BEACH, NC 28480 ZIMMERMAN HARRIET M 4 VIA LOS INCAS PALM BEACH, FL 33480 ttiquettes faciles & peler A Consultez la feuille www. avery.com Utilisez le gabarit AVERYÂ® 5160Â® Sens de chargement d'instruction 1-800-GO-AVERY Easy Peel Labels Ent i A I See Instruction Sheet I GCJZ~ Use AveryÂ® TEMPLATE 5160Â® [ffil if Paper for Easy Peel Featurel ~~AVERYÂ®5160Â® ~ 1375 RED BUTTE DR LLC ASPEN BLUE SKY HOLDINGS LLC BECKER BARRY 604 W MAIN ST 302 E HOPKINS AVE 50 S JONES BLVD #101 ASPEN, CO 81611 / ASPEN, CO 81611 LAS VEGAS, NV 89107 FRIDMAN JAIME CEMETERY LANE LLC GARDENSWARTZ TED D C/O SIVERNON 68 TRAINORS LANDING - 1100 CEMETERY LN 100 ELK RUN DR STE 103 ASPEN, CO 81611 ASPEN, CO 81611 BASALT, CO 81621 GAULT CAROL A HERSHEY CAROLE STELZER HEYMAN RALPH E TRSTE 1098 CEMETERY LN PO BOX 2888 10 COURT HOUSE PLAZA SW #1100 ASPEN, CO 81611 ASPEN, CO 81612 DAYRON, OH 45401 KAPSA MICHAEL T HIRST NEILL S KAUFMAN GIDEON I CAMERON-SMITH SHEENA J 300 PUPPY SMITH ST #203-270 PO BOX 10001 PO BOX 3060 ASPEN, CO 81611-1455 ASPEN, CO 81612 ASPEN, CO 81612-3060 MEBEL GREGORY E KUHN ROGET D MYERS VIRGINIA V IBARA RON 0130 PITKIN MESA DR 1240 SNOWBUNNY LN PO BOX 9757 - ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 PHILLIPS ARTHUR & HELEN PORTER CATHERINE T RICHARD PETRICK & ASSOC. 110 PITKIN MESA DR 3616 FULTON ST NW 319 MILLER AVE. #2 ASPEN, CO 81611 WASHINGTON, DC 20007 MILL VALLEY, CA 94941 ROBINSON LEE ROSENSTEIN E JAY SADRON ALEXANDRA & NICHOLAS I 0120 PITKIN MESA DR 5000 MONTROSE BLVD #22D PO BOX 7814 ASPEN, CO 81611 HOUSTON, TX 77006 ASPEN, CO 81612 SCHRAMM JUDITH JANE LIVING TRUST SHERRIFF RICHARD A STARENSIER DAVID & PHYLLIS ' 0150 PITKIN MESA DR 746 HILLCREST DR 1355 SAGE CT ASPEN, CO 81611 BASALT, CO 81621-8547 ASPEN, CO 81611 WORTH CHARLES E & ANN G TRST YE 11 LLC YE 11 LLC 1380 RED BUTTE DR PO BOX 381 PO BOX 381 ASPEN, CO 81611 WRIGHTSVILLE BEACH, NC 28480 WRIGHTSVILLE BEACH, NC 28480 ZIMMERMAN HARRIET M 4 VIA LOS INCAS PALM BEACH, FL 33480 ttiquettes faciles A peler A Consultez la feuille www. avery.com Utilisez le gabarit AVERYÂ® 5160Â® Sens de chargement d'instruction 1-800-GO-AVERY PUBLIC NOTICE RE: 1130 CEMETERY LANE-RESIDENTIAL DESIGN STANDARDS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, January 2,2007, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Barbara Long and Gideon Kaufman, for property located at 1130 Cemetery Lane, Aspen, Colorado 81611. The applicant is proposing to construct a duplex on the subject property and is requesting Residential Design Guideline Variances for garage location, front facing windows, living area width, and front entry door. The property is legally described as Unit 1 and 2, K&K Condominium, Lot 2, Block 2, Pitkin Mesa Subdivision. Address of applicant: 225 North Mill Street, Suite 111. For further information, contact Joyce Allgaier at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2780, iovcea@ci.aspen.co.us. s/ S. Jasmine Tvere, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on December 17,2006 City ofAspen Account ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 130 CÂ»ifll l/rl , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Jo,n 2- , 2003 STATE OF COLORADO ) ) SS. County of Pitkin ) I, c-Jeillai 0(*Dou (name, please print) being or representing an Applicant to the City o f Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: 2~ Publication of notice: By the publication in the legal notice section of an official paper ora paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the . Community Development Department, which was made of suitable, / 1 n waterproo f materials, which was not less than twenty-two (22) inches.widkf:f< and twenty-six (26) inches high, and which was composed of lettpus not; less than one inch in height. Said notice was posted at least fiftee?ift 5) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing ofnotice. By the mailing o f a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the , property subject to the development application. The names and addresses of property owners shall be those on the current tax records ofPitkin County as they appeared no more than sixty (60) days prior to the date o f the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment o f a new land use ' regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners ofreal property in the area of the proposed change shall ------ be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. *874 94/Fl~ocu The foregoing "Affidavit of Notice" was aâ‚¬knowledged before me this,2*~day of **,c,~- 100ry ~Eâ‚¬6 KA 41*f,en 0 WITNESS MY HAND AND OFFICIAL SEAL 0... My commission expires: 04|19.l2007- 2/ JACYJE \ 40041)30Â£20'*-9 d>- -%- ./.51 7Â°pry Public *26/~200' ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 4... Ta: A:m TIM:: REc 310 East Main Street, Aspen, Colorado 81611 DEC 2 9 2006 ASPEN PROOF OF PUBLICATION rv ,â€ž nt"C nmrvir,Â·rMEâ€¢'- STATE OF COLORADO } } SS. COUNTY OF PITKIN } \, Jenna Weatherred, do solemnly swear that I am PUBLISH- ER of THE ASPEN TIMES; that the same is a newspaper printed, in whole or in part, and published in the County of PITKIN, State of Colorado and has a general circulation there- in; that said newspaper has been published continuously and rn *4 uninterrupted!Â· in said County of Pitkin for a pei-iod of more m %; Â¢0 0 4 than fifty-two consecutive weeks next prior to the first publica- *C Ti ia. ay K .. c M 89 tion of the annexed legal notice or advertisement; that said Â¤%= 22% 17=29 newspaper has been admitted, to the United States mails as 0 g &8 64 - k W second-class matter under the provisions of the Act of March Ucoss u 0 2< . t -Â© m 3, 1879, or any amendments thereof, and that said newspa- (21 E 39 (0 + 0 per is a newspaper duly qualified for publishing legal notices r j - 30% o g 2.8 .2 k d M UD U) 50 W and advertisements within the meaning of the laws of the -3 - 5 State of Colorado. -1 Q *2 r. 0 8 -1 ul U . 2% 44 Â·%~ 4*Â·83Ng%'2 0 W *iz; I " /0 That the annexed legal notice or advertisement was published Â© g %045920 .E :8 1 52 -0 E 1 M in the regular and entire issup of every number of said news- paper for the period of ~ consecutive insertions; and W D - 525 5 J e a 1 -2 2 5 1 % CZ 2 8 % that the first publication of said notice was in the issue of said m 3 1 2 Â¤ 3.m f.O ,~ Â·a .- 0% U ~ 2. -a 2 0 2 N E ~ ~ ~Ng, 5 newspaper dated Dee 1 -7- A.D., 20 OG , and the last publication of said notice was in the issue of said news- -1 1 1 1% d E *41% 3 4 - 04 paper dated T~Â»- 1 7- A. D. 20 06 -A % g s~ R .m m: - 6-5, p. = ciN -- â€ži o â‚¬1 -5 'id 9 2 E ti .15 R Zi. 46 8 & 3 In witness whereof I have hereunto set my hand. ,-1 >4 20%=20 M NeoR-d MEN:4% U j 0.0 . u = a, m. ti .8 d U 0 1 0 k# 643.0 0 Pu~lidher - M Aluia) .9 2 00 * d WeA W U o SE 042 2 7 1 1 J E Subscribed and sworn to before me, a notary public in and for C @1 4 4 81: 3 6 8 9 b 2 12 the County of Pitkin, State of Colorado, this 29 day of ~~te., A.D., 20 00 . m 0 3 E * 2 24.2 -0 0 -E m 3* -9 2 , Â»' ZAAâ€ž-44<0>CON<[D W , (SEAL) ted&/4. *fol,KÂ» - - *IN'WMI.-' -- r,~ - - Notary Public My Commission expires 40Â·-6 -CO 2?.... ....4 ('24 My Commission Expires 10/06/2010 JUBOII de Jo ssalpp .UOISTAIp 890* UPIN lunoolv uadsv Jo 430 - 900Z'ZI .reqUIeoaa UO SaUIU uadsv 013 u! paqsnqnd ns b i ed by Barbara UOISSJUIUIOJ QUIUOZ and Uni aurl.redaa ua eetin Se'!0Â®Baoko neN uo bals. pue Alla HaNGIH SI e le'ZOOZ'Z 103 saou