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Land Use Case.102 Wood Duck Ln.0065.2006.ASLU
\ - 102 WOOD DUCK LN DEMO/RESTORATION- 273512130005 0065.200;ASLU 25.-.. 66 SEC_-4 ©*D 4/9 1 IS R ~04* City of Aspen Community Development Department CASE NUMBER 0065.2006.ASLU PARCEL ID NUMBER 2735-121-30-005 PROJECT ADDRESS 102 Wood Duck Lane PLANNER Joyce Allgaier CASE DESCRIPTION Demo ofExisting house and deck, restoration of grade, planting new lawn & sod REPRESENTATIVE Haas Land Planning DATE OF FINAL ACTION 12/11/06 CLOSED BY Amy DeVault -Ef-,1 -1 111 - Die Edit Becord Gavigate Fem Reports Format Lab tletp ' ¥ M 4 + 011 11 01 36 lump 1 3 4 - I 311 9 . -4 w k.lain Ro,jitt,g Status Fee Summarp *ctions Routin9 History UJ 0 1 ~ ~ Per~ ~C-'i,D DOCK LN -- 1 + -pari !:¥,c! U -- 2-L Pelnilt # 0 ..1 ..TO.ALLU 1 Apt/Suite I Statellu vi Zip l81611 W Permit Idormation 0 1 * 4 Maste, Pe,mit i 21 Routing Queue G2iE- Applied 1 2/11/2006 ./ue/~•«t~ ,·„ W#mi.mi..... :Z Sta"r. :·'····!"'g Apploved | i 0 } Des¢fiption DEMO OF E: t':Ifif~'1 Hlil.ISE .AND DE:.r RESTORATIOLJ OF (,RADE PLAN1 NG Issued 1 NEW LAWN & SOD ~~~~U.",~ ~UO.V+- 1 finall j S Kibmitted HAAS LAND PLANNING 925-7819 Clocit~ INGninG Days ; 0 Expies 112/06/2007 i lownes i Last Man,e THOENY ; Fist Name tBRET F 0136:;:12(ONAAVE SANTA MONICA CA 90401 Phorit ;010) 451·2400116- 4 0 wn:er 1 s Applicarlt'? P"Cont ~ Last Name THOENY 1 Fret Name EBRET F '619 ARIZONA AVE i ! Phone (310] 451.2400116 Cust # 126860 3 Lendef i Last Name j . 1 First Name I I Phone Recotd· 25 0133 MEMORANDUM TO: City o f Aspen Planning and Zoning Commission JAA FROM: Joyce Allgaier, Deputy Director, Community Development RE: 102 Wood Duck Lane Hallam Lake Bluff Review - Public Hearing DATE: December 19,2006 SUMMARY: All development located along the bluff of Hallam Lake is required to be reviewed according to the standards in the City' s Environmentally Sensitive Areas Chapter. (Other ESA reviews are 8040 Greenline Review, Stream Margin Review, and Mountain Viewplane Review.) The purpose of the Hallam Lake Bluff Review is stated in the code as follows: ". . . Development in this area shall be subject to heightened review so as to reduce noise and visual impacts on the nature preserve [the Aspen Center for Environmental Studies], protect against slope erosion and landslide, minimize impacts on surface runoff, maintain view to and from the nature preserve, and ensure the aesthetic and historical integrity of Hallam Lake and the nature preserve." Among other requirements, there is a fifteen-foot setback requirement and a progressive height limit established by the "top-of-bluff." All development within thirty feet of the top-of-bluff is required to be reviewed by the Planning and Zoning Commission. The subject property is currently developed with a single-family residence and a portion of a deck is located within the 30 foot set back area from top of slope. The overall development proposal is for demolition and reconstruction of the house. The current conditions are best shown on the improvement survey plat contained within the application packet, numbered 1 of 1 (behind page 2). This application is somewhat unique, in that the "demolition" of the house and that portion of the deck that is in the setback area, is what the Commission is reviewing. Demolition is considered "development" which invokes the review. The demolition will help bring the site into compliance with the regulations and the new house is proposed to be fully behind the 30 foot setback and meet the other "Bluff' goals. The construction of the new home on the site will be handled administratively. An important matter to focus on then, in this circumstance is the regrading and revegetation of the site within the 30 foot setback. This responsibility falls to the Parks Department which oversees stream margin, tree preservation and the rehabilitation of the stream corridors in the city. They have both the technical ability and the personnel to 414 NORTH FIRST STREET HALLAM LAKE BLUFF REVIEW STAFF REPORT PAGE 1 review and evaluate landscaping/grading plans and perform inspections. Therefore, Staff has included a condition of approval in the resolution that requires that a landscaping and grading plan be submitted to the Parks Department that meets with their approval before a demolition permit may be approved. Staff has reviewed the proposal against the criteria and believes the proposal should be found by the P&Z to meet these criteria. Staff is recommending approval. Staff has proposed conditions of approval related to the construction process. NECESSARY LAND USE APPROVALS: The following land use approvals are requested and necessary for approval of this project: 1. HALLAM LAKE BLUFF SUBSTANTIAL AMENDMENT REVIEW: This review is to ensure compatibility of development along the bluff above Hallam Lake with the visual and environmental resources ofthe lake and its surroundings. Final Review Authority: Planning and Zoning Commission. 2. HALLAM LAKE BLUFF INSUBSTANTIAL AMENDMENT REVIEW (FOR THE RECONSTRUCTION OF THE HOUSE): This review is to ensure compatibility of development along the bluff above Hallam Lake with the visual and environmental resources of the lake and its surroundings. The applicant has shown preliminary plans that indicate all development will be in conformance with the Hallam Lake Bluff requirements and therefore can be handled administratively. Final Review Authority: Community Development Director. APPLICANT: AML Investment II, LLC, Andrew Lessman, Partner c/o Bret Thoeny, Boto Design Architects and Mitch Haas, Haas Land Planning, LLC, Planning Consultants. STAFF SUMMARY AND RECOMMENDATION: Staff believes the application should be found by P&Z to meet the review criteria. Staff recommends approval with a series of conditions outlined in the proposed Resolution. RECOMMENDED MOTION: "I move to approve Resolution No.36 , Series of 2006, approving with conditions the Hallam Lake Bluff Review for the development of a pool with associated decking, a stair enclosure, and an underground connection to the residence at 414 North First Street." ATTACHMENTS: Exhibit A: Staff Findings Exhibit B: Application 414 NORTH FIRST STREET HALLAM LAKE BLUFF REVIEW STAFF REPORT PAGE 2 EXHIBIT A - STAFF FINDINGS 102 WOOD DUCK LANE 26.435.060.C Hallam Lake Bluff Review. No development shall be permitted within the Hallam Lake Bluff ESA unless the Planning and Zoning Commission makes a determination that the proposed development meets all the following requirements: 1. No development, excavation or fill, other than native vegetation planting, shall take place below the top of slope. STAFF FINDING: DOES IT COMPLY? YES The demolition will be subject to a landscape, revegetation and regrading plans that meet with the approval of the Parks Department. There are no plans for development in the area below the Top of Slope. Staff believes P&Z should find this criterion to be met. 2. Any development within the fifteen-foot setback from the top of slope shall be at- grade. Any proposed development not at-grade within the fifteen-foot setback shall not be approved unless the Planning and Zoning Commission determines that the following conditions can be met: a. A unique condition exists on the site where strict adherence to the top of slope setback will create an unworkable design problem. b. Any intrusion into the top of slope setback or height limit is minimized to the greatest extent practical. c. Other parts of the structure or development on the site are located outside the top of slope setback line or height limit to the greatest extent possible. d. Landscape treatment is increased to screen the structure or development in the setback from all adjoining properties. STAFF FINDING: DOES IT COMPLY? YES The demolition proposed in this application is all outside the 15-foot setback requirement. Revegetation and regrading of the slope must be accomplished in a manner that restore the area back to a more natural condition. Staff believes P&Z should find this criterion to be met. 3. All development outside the fifteen-foot setback from the top of slope shall not exceed a height delineated by a line drawn at a forty-five (45) degree angle from the ground level at the top of slope. Height shall be measured and determined by the 102 Wool) DUCK LANE HALLAM LAKE BLUFF REVIEW - 12-19-06 - EXHIBIT A PAGE 1 Community Development Director using the definition for height set forth at Section 26.04.100 and the method of calculating height set forth a Section 26.575.020. STAFF FINDING: DOES IT COMPLY? YES The demolition improves this situation and new construction must be in compliance. Staffbelieves P&Z should find this criterion to be met for the demolition. 4. A landscape plan shall be submitted with all development applications. Such plan shall include native vegetative screening of no less than fifty (50) percent of the development as viewed from the rear (slope) of the parcel. All vegetative screening shall be maintained in perpetuity and shall be replaced with the same or comparable material should it die. STAFF FINDING: DOES IT COMPLY? YES A landscape/revegation/regrading plan has been submitted to the Parks Department and the department is reviewing and evaluation Staff has included conditions of approval as proposed by the City Parks Department. Staff believes P&Z should find this criterion to be met. 5. All exterior lighting shall be low and downeast with no light(s) directed toward the nature preserve or located down the slope and shall be in compliance with section 26.575.150. STAFF FINDING: DOES IT COMPLY? YES No lighting is proposed at this time. Staff will require compliance with the lighting code as a condition of approval for the new construction. Staff believes P&Z should find this criterion to be met. 6. No fill materials or debris shall be placed on the face of the slope. Historic drainage patterns and rates must be maintained. Pools or hot tubs cannot be drained down the slope. STAFF FINDING: DOES IT COMPLY? YES The proposed construction area includes protection of the existing vegetation and fill material is not proposed to be stored along the bluff. Staff believes P&Z should find this criterion to be met. 102 WOOD DUCK LANE HALLAM LAKE BLUFF REVIEW - 12-19-06 - EXHIBIT A PAGE 2 7. Site sections drawn by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level. STAFF FINDING: DOES IT COMPLY? YES The application includes a site section drawn by a registered architect that demonstrates compliance with the requirements of this section to the satisfaction of staff. The Community Development Engineer has evaluated the designation of the Top of Bank and finds it to be accurate. Staff believes P&Z should find this criterion to be met. 102 WOOD DUCK LANE HALLAM LAKE BLUFF REVIEW - 12-19-06 - EXHIBIT A PAGE 3 Resolution No. 30 (SERIES OF 2006) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION GRANTING HALLAM LAKE BLUFF REVIEW FOR A DEMOLITION OF A SINGLE FAMILY DWELLING, CONSIDERED "DEVELOPMENT" THAT IS PARTIALLY LOCATED WITHIN THE 30 SETBACK AREA FROM THE TOP OF BANK FOR PROPERTY LOCATED AT 102 WOOD DUCK LANE, CITY OF ASPEN, COLORADO. Parcel ID:2735-121-30-005 WHEREAS, the Community Development Department received an application from Haas Land Planning, LLC, for Andrew Lessmann, AML Investment II, LLC, owner of 102 Wood Duck Lane, represented by Boto Design Architects and Haas Land Planning, for Hallam Lake Bluff Review for the demolition of a single family house, considered "development"; and, WHEREAS, the Property is known as 102 Wood Duck Lane and is legally described as being in Block 2, the northerly portions of Lots 1-8 of the Aspen Company Subdivision, City and Townsite of Aspen, and is approximately 21,880 square feet in size; and, WHEREAS, the site currently contains a single-family residence and associated uses and improvements and is proposed for demolition with a portion of the existing house deck located in the 30 foot setback of the Top of Bank area of the Hallam Lake Bluff Environmentally Sensitive Area; and, WHEREAS, pursuant to Section 26.435.060.C of the Land Use Code, Hallam Lake Bluff Review may be approved, approved with conditions, or denied by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and the standards of review of said Section; and, WHEREAS, pursuant to Section 26.304 of the Aspen Land Use Code and during a regular meeting on December 19, 2006, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and where the recommendation of the Community Development Director and comments from the public were heard the standards of review were examined and approved the request for Hallam Lake Bluff Review by a _ to_ CO vote, with the findings contained in Exhibit A of the December 19,2006, staffmemorandum and the conditions of approval listed hereinafter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1: Hallam Lake Bluff Review The Planning and Zoning Commission, pursuant to Chapter 26.435.060.C, hereby approves the Hallam Lake Bluff Review for the "development" considered to be the Planning and Zoning Commission Resolution No36, Series of 2006, 102 Wood Duck Lane Page 1 demolition of a house, portions of which are within the 30 foot setback from the Top of Bank of Hallam Lake Bluff ESA, subject to the following conditions. Section 2: Building Permit The demolition "building" permit application shall include/depict: 1. A signed copy of the P&Z Resolution granting land use approval. 2. A letter from the primary contractor stating that the approving Resolution has been read and understood. 3. The conditions of approval shall be printed on the cover page of the building permit set. 4. A landscaping/grading/revegetation plan that meets with the approval of the Parks Department that fulfills the goals of the purpose of Hallam Lake Bluff ESA. 5. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after demolition. A 2-year storm frequency should be used in designing any drainage improvements. 6. A tree removal permit, as applicable. 7. A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed areas including haul roads, perimeter silt fencing, as- needed cleaning of adjacent rights-of-way, speed limits within and accessing the site, and the ability to request additional measures to prevent a nuisance during construction. The applicant shall wash tracked mud and debris from the street as necessary, and as requested by the City, during construction. Submission of a fugitive dust control plan to the Colorado Department of Public Health and Environment Air Quality Control Division may also be necessary. 8. A study performed by a Colorado licensed Civil Engineer demonstrating how the required excavation/demolition activity on the site shall be performed without damaging adjacent properties, structures, or the slope stability of the bluff. 9. A construction site management and parking plan meeting the specifications of the City Building Department. Prior to issuance of a building permit: 1. All permit fees shall be paid. Section 3: Lighting Code and no lighting down the slope All outdoor lighting shall be in compliance with the City of Aspen Outdoor Lighting Regulations, as amended from time to time, and no lighting down the bluff shall be permitted. Planning and Zoning Commission Resolution No.06, Series of 2006,102 Wood Duck Lane Page 2 Section 4: Representations All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 6: Noise During Construction During demolition/ construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 am and 7 pm, Monday thru Saturday. Construction is not allowed on Sundays. Section 7: 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 8: If any section, subsection, sentence, elaase, 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 9: That the City Clerk is directed to record a copy of this Resolution in the office of the Pitkin County Clerk and Recorder. APPROVED by the Commission at its regular meeting on ,2006. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: David Hoefer, Asst. City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk Planning and Zoning Commission Resolution Na,3&, Series of 2006,102 Wood Duck Lane Page 3 Joria Cm 102 WOOD DUCK LAA}F A HALLAM LAKE BLUFF REVIEW 4 EXEMPTION APPLICATION SUBMITTED By HAAS LAND PLANNING, LLC 201 NOR™ MILL STREET, SUITE 108 ASPEN, COLORADO 81611 Phone. (970) 925-7819 Ta*4 (970) 925-7395 Ema.64 mAaas@lop rU< Flet OCTOBER, 2006 AN APPLICATION FOR HALLAM LAKE BLUFF REVIEW AND HALLAM LAKE BLUFF REVIEW EXEMPTION APPROVALS FOR 102 WOOD DUCK LANE Submitted by: AML Investment II, LLC Andrew Lessrnan, Partner c/o Bret Thoeny, Boto Design Architects 619 Arizona Ave. Santa Monica, CA 90401 (310) 451-2400 Prepared by: HAAS LAND PLANNING, LLC Planning Consultants 201 North Mill Street Suite 108 Aspen, CO 81611 Phone: (970) 925-7819 Fax: (970) 925-7395 Email: mhaas@sopris.net 102 WOOD DUCK LANE HALLAM LAKE BLUFF APPLICATION ---TABLE OF CONTENTS --- PAGE I. INTRODUCTION.................................................................. ........1 II. PROJECT SITE & NEIGHBORHOOD (Existing Conditions)...................2 • Vicinity Map.......................................................................2 III. PROPOSED DEVELOPMENT....... IV. REVIEW REQUIREMENTS..............................................................4 A. Section 26.435.060(C), Hallam Lake Bluff Review.............................4 B. Section 26.435.060(B), Hallam Lake Bluff Review Exemption.... . .........v V. VESTED PROPERTY RIGHTS...........................................................7 EXHIBITS Exhibit 1: Land Use Application & Dimensional Requirements Forms Exhibit 2: Pre-Application Conference Summary Exhibit 3: Proof of Ownership (Title Policy) Exhibit 4: Authorization for Representatives Exhibit 5: List of Property Owners within 300 Feet of the Subject Property Exhibit 6: Executed Application Fec Agreement I. INTRODUCTION This application requests Hallam Lake Bluff Review for the demolition of the existing structure and site restoration, as shown on the attached site plan. The applicant will subsequently provide building plans to staff for review of a Hallam Lake Bluff Exemption since the development will be situated at least thirty (30) feet back from the mapped top of slope. As part of this current Hallam Lake Bluff Review (HLB) application, it is requested that the surveyed top-of-slope be accepted so as to formally establish the thirty (30) foot setback line. The subject property is zoned R-15, Moderate-Density Residential. It has a Parcel Identification Number of 2735-121-30-005 and resides within Aspen's West End neighborhood. The 21,880.8 square foot property is comprised of the northerly portion of Lots 1, 2, 3, 4, 5, 6, 7, and 8, in Block 2 of the Aspen Company Subdivision, City and Townsite of Aspen. This application is submitted pursuant to Section 26.435.060(C), Hallam Lake Bluff Review, of the Aspen Land Use Code (the Code). The completed Land Use Application and Dimensional Requirements Forms are attached hereto as Exhibit 1. A Pre-Application Conference Summary prepared by James Lindt Senior Planner, is attached as Exhibit 2. AML Investment II, LLC, A Nevada Limited Liability Company, Andrew Lessman partner, (hereinafter "applicant"), owns the subject property (see Proof of Ownership, Exhibit 3). Authorization for Haas Land Planning, LLC and Boto Design Architects to represent the applicant is attached as Exhibit 4. A list of all property-owners within a 300 foot radius of the subject property, and their mailing addresses of record, is attached as Exhibit 5. An executed Application Fee Agreement is provided as Exhibit 6. The application is divided into four sections. Section I provides a brief introduction to the application, while Section II describes the existing conditions of the project site and neighborhood. Section III outlines the applicant's proposed development and Section IV addresses the proposal's consistency with applicable review criteria. For the reviewer's convenience, all pertinent supporting documents relating to the project (i.e., proof of ownership, etc.) are provided in the various exhibits to the application. While the applicant has attempted to address all relevant provisions of the Code, and to provide sufficient information to enable a thorough evaluation of the application, questions may arise which require additional information and/ or clarification. Upon request the applicant will provide such additional information as may be required in the course of the review. 102 Wood Duck Lane Hallam Lake Bluff Review Page 1 II. PROJECT SITE & NEIGHBORHOOD (Existing Conditions) The subject property, 102 Wood Duck Lane, resides on a tract of land situated in the Southeast Quarter of the Northeast Quarter of Section 12, Township 10 South, Range 85 West of the Sixth Principal Meridian, City of Aspen, County of Pitkin, State of Colorado. It has a Parcel Identification Number of 2735-121-30-005 and resides within Aspen's West End neighborhood. The 21,880.8 square foot property is comprised of Lots 1, 2, 3, 4, 5, 6, 7, and 8, in Block 2 of the Aspen Company Subdivision, City and Townsite of Aspen. The approximate location of the property is indicated on the Vicinity Map provided below. A r,1 7 <% 4*~ ~ ::~: ::: :7~~3~~411/ ·.*,~ M *:81 -%13 Fy; 7 .7 r-, ~ : i~%. :: '-; J ..: . 1 9 % y: 41 .: ? 1% i. L,X # <..t~ *f. *9249-2..i AN#yfi/0 , 4, j.* 4 ~:'*'' 1*4*. 14 +4. el :'*::::i,t.;. f< .1.114...«1. .%2 1. M ¢ 64·10 · 4~1~302 Wood Duck Lane ;,1 .. 0 ' c'y„, , *,ft/ * 41:\<.: r~. :~3"IW~~ ~* ip;~A t.~~~bK\\f fjT",~ d '~~3 y D fl '* 4 +M.44 3 E•T~~>8'.4,4't,Kh»c#Y, u· . A'#4.·Ll,6 422»4 '1' *·*t ' 2 Vvi< 1:::. r/1.1/01~4/4 0 Z fit~fi ./ 44'ff i-4 2,~~ 1,4 4\ 9*e 1 & -. ee - T 1, >,5; ·~ ..2 *4 -PIF L J Several RU#6;krd'4~339;it*06449' 39;WI' ~161>4*1'2 ) 4~ ' fl t . .,4 . * - 'Aspen<,9 4 Ktr y % 4 7-# 1 41, 15- #41, 1• %91 4..., 0:¥V -: I' >4 ~44'Wima~2 44200&)ibitaIGIdbe, * ···44. • 4,4 79:i *::MR/£5Mwibr.47~941* :4 + 4:* 'fs:*:-t>?.2'AL :.*Ainter 39'11'42.24* N 106'4923.32ip*ft' ,'4~AAFin*Illl:t][1114109»Br/eiEyphalit &51)9fKA Vicinity Map - 102 Wood Duck Lane The property is zoned R-15, Moderate-Density Residential. The lot size is 21,880.8 square feet. The Lot Area is 19,145.7 square feet calculated as follow: 82.4% of the area has 0%-20% slopes (18,029.8sf); 10.2% of the lot has 20%-30% slopes (2,231.8sf); and, 7.4% of the lot has a slope of 30% or more (1,619.2sf). Lot Area is determined by adding 18,029.8sf + (2,231.8 + 2) = 19,145.7 square feet. The existing detached single-family residential use of the subject property is in conformance with the permitted uses of the R-15 zone. Tlie surrounding neighborhood, known as Aspen's West End, consists primarily of single family homes and duplexes. To the east lie Hallam Lake and the Aspen Center for Environmental Studies (ACES). Also located in the surrounding area are The Aspen Institute, Aspen Meadows, Paepcke Auditorium, Harris Concert Hall, and the Benedict Music Tent. 102 Wood Duck Lane Hallam Lake Bluff Review Page 2 4.'4'::0~3915~.i Improvement Survey Plat Parcel 3 102 Wood Duck Lane Described in Exhibit Z As Described Below: Book 501 ott Page 743 City of Aspen, County of Pitkin, State of Colorado Ne#ghbor's Drive x-70*4-Edge / Chah 0* F-co Stone "b# - 33 -. A - a 0--+Of=77-1 N90'00'00"E 174.04« 1 4141 - j L,gal Descr*Hon: (Per 17# Commitment) A troct of hand Wtuoted h the Southeast Quartor of Section U Towns#* 10 1582 J - b,-0 f. a,-2ar Sop- Car,-224 Stote of Co#orodo, consl,Ung of the northarty porOons of lot, 1.21416.7 South, Range 85 West of the St*th P.W.. City of Aspen. County of Ple< L_-1 0* b°tah'»20' and 4 h Block 2 of the Aspin Compony &/b<Msion. more portlcularly \-Parck¢ 5 ) C 1300' f.-1----t--1--- 1 r--·-~ ,for Ingress and 0 7.&1856*bjaukE/Meti 15' S#di Lot Lhe Se¢bock per Book 429 at Po,8 896 Arthertif Port€on\ described 03 -ov. jkrr# and / c:i *tWME-16~*995~~ t~~ In-TZ -- -- -------------- -tziyWD;17 Wi tnia# y- ---- ~- 33~~5-7 .0 ~~ - h~co¢,8 10*-30% Slop- 0--1£12® Sigh,/ng ct a poht •tene, 9 U.S. bross cop dated 1954 and mar*«1 03 ~001© 4,9 at *9'1 895 9 1 -34.iR & \ 1 1 mots) the Eost C»orter conner of iold Section 12 bears 555-43'55¥- 1096.78 -t Thence East 174.04 ket 7hdnce South 7127 Net 07 52.21.2.ft·~ 4- *pok 457 Page 167 k , 7»-ce .297575** 15.20 -C· - Adlect- 30* or griat- Stopis (-,-7-420 Thance S6914 58'W 625.03 -t -~ -·« -0£--r--2-J a Ngo.oo,oo" LE=j m~*44) 77-nce S861847- 6.36 fiet Th-ce SOO'43'03~ 5.91 N•t \ I \ 1 ;hance North 10116 ket to the poht of begmnN· mince 3897336, 14.83 -t i i '\ , 7h-ce N895131-1 75.99 -t \ / -,/'-' / / Ill 1 Togethir dth e tmet of kond INuotid h *Wd Southecit <»orter, con-thg C I Two-ktory ~ -~~ ~1,1/ 1 \ f 1 1 1 of the easterly portion of the 30-foot -e rood h the As,pen CorN>any Subdi·Aslon. mors particularly de,cribed os fonow: Wood Frame House . 41 - .. BegAn# ot o poht 87-ice o US. bres, cg d¢ted 1954 ond marked os 1 »t ill'i %3 00; I\,6- P N - 1 \../1. l/ 7-<+1 : '.. apj, 4 ,/ / / //* 2.-gal , the East Quorter ec,n,r of sold Section 12 bears S55143'551E 1096.78 feet lh*nce North 3(100 f-t Th,ne, Eclit 174.04 f-t 1%..\ 4 1 k©NE»- i -3*AM EW odl Thanc~ South 30.000 A-t »-,ce *ast 174.04 *lf to th, po't of bagh#* N .c NV»*42 » 1 /1 7 1 Coner,te C-c. \ 1 582- J ag,nd and Not-: / 1232* 1 4 W li JU \ - Thls property rncy bi ,ubjact to United States Pot-ts regarding ore rr,ova, 0, r--·-d h 800* 55 of Pog, 2 h th, r,cords of #10 Pf¢*0 k **33-a)~ ~0*94 .\·Ne q .f M trill County'Clerk and Recorder (Nam 7 of the (11* commitmentl - lt,m 8 of sokj 71(/0 Commnment per-fobs fo o &-ont of Eo,-nInt recorded h Book 379 o¢ Pop 362 W 0 7-was Court ?ber, b no lor,ar o -. \Ig 1 - AsphoR T*nn~ Court on thts propert: nor on the odtibhg port,la. per oold Drive 004* astrumint #Ws Io-mme h to be -did by thi r,mod of tho f,rinls / ~T»*_49 at Fqq#A\ 4 - Thb property 11 *0),ct to t,rms. condftion# pro,Wons and obHgot,ons - Thi,prepity* Iublet toi-mit and - -m# 0-010* astrum-t r,corded h 800% 429 ot Poe• 895~ ond Aminornent ther,to of Oiclimtion of Rax R,-nations =d Ch-nant; 93 -t Norm h r,cordid h 800* 501 crt Pog' 743 Ot,m 9 of the tme commiti-¢1 0. a 1 / prowhens ond •640*ens of .4,»t Emt A,-mint meor-or b Soc,t £ 630/*9- /1 1 4- 429 01 Poge 901 and Am,n<*nmt th-to recorded h 8%* 457 at Poge C.-,4 940/'~ ' ~ 167 (*,m 10 of the #th commil»,1,0. 1 1\ ~34' / · l-13--t~ 1 --\\ 4//0 \ .: 1--_-ty_-i.-1 /1 - 7,8 prop-ty & sub#ct to term< con<#Uon£ pro,Wons and ob#cotion. as O -1 forth h Access E-ment Agrolm,n¢ r,cor-dod - Rocipt#on #26461 IN Found Rfor * C* 2 -43)#ENRUM V covers the *mt of the Ildst*ng *Ive,»0,4 os bult and h p#oca Ofam 11 of the tme commamentl Per /Oki A,•30„nant th& Ec,-1-t th / / /11 f *12¢Jill--lu= 197. . -~ -- <'4.6*2*¢f'- »,5.8>*~715.20' rl,j 7=; r - 1 - m hdlcort- *und monufn#t - d-crted - .-1 \ --- 50.9 41*~*Mkt \~*/ 589.15'15"W - 0 D-cat- ~5 Mb or 40* p#ostic ©*. L.S #3*Jel to b, -1 \ - Behp - b-d upon c d•lk. LS / 0•ON•. found 01 th' noreh..t #57 curn- of UN *outh-1, Iub jiet por©It else behg the joutiwist corner 15 Ski. Lot Lbi S.tbock per Book ~ . \ GRAPHIC SCALE of the northerly ou»et parc,1. and o U.1 bro- cop datid 1954. found 1 '. 44*4 4,14 ' -M-no,@0-01-en-ur.* .'42 ..PAFF u-g c bea,N of 55543'WE bitu-n 6,• two Niertid monumentz h ploc• -d me#od 08 th, East O,crt•r Com•r of Soclhon 12 CATV , '18'4** ,„N\ -\ 427% .6' C . G. Neod /3C> 4(2\4\6. 9.- 1 -21 - 10 'L - mk /40.4 b #*Def te *pe=f *0,#„w.6 4 -4,6,9 ufmr,a 06 3.J- ... /'...... mc, not be W./. (IN =) 15.00' Eectrk Tr//46**4 5, -d~ . 61 Fence *0 .94*4*/3,/70. Cl; V 1 . \,\ h, M. - 77* my dois not r~pre-nt o *011, s,crei, by ¢hh 1 /V8951 st '* 7#~Iu _~ ; ;.,4.4 ' 919.'05'w, 01&632/Z>J Iwrve.r to delimhe *In„,11* , to diow- 0,0.,mint, or oth,r ..cumb-c- of r.cord Al O 0 -- *7* ..p#gr# e h~b,motion prtollhg to oiner,44:. ,cs,mints or o¢hir ar-yer'* C-tinoot- ~nc~*,aw- 0/cord ho, D- fat- *om U#, Sfi!'41 ~E 220 ™3 7 (0 8 .5%/ \7 Chch Lak Fence ~- LS 020151 9 4 .brhy Ahn Tutti~ b-,9 9 Ri,s-d 1-md Sur·,4,04= h hsurmc, commitinwts iss,*d by Pmah County 77¢* Inc 568¥270'* 1.59' . 42 dated Decemb, 16. 2005. os Or- Number P{:720291 r. S89'23'36"W h comet to thi but W my b,110 -d- / 16,0-' c-th> 0,4 - *npro-n-¢, on ef- above d/-*-f ~ pa,c,/ onal doN *m-7 14 2004=,ph¢A¥,=-cm»,4 64 n -thy *thh the boundories of the parcll -¢*t cm f€ *.4.* t-0 ...0 --chm-• 1,-, 11- d-c~~d Found Brass Cop, a--4 -~ -e *r, / I. ./-M-W-- * 4/* p,-n/,0/ 61 ~ve-n,nts m any d*hg /*,mh- 0-ept 00 El /4 S12, 1954 ..,t - notedi an, ///Int cro*-1 or burd,n~,9 91, port of -d p,©el. J-0, ASM TA LS .1]838 Oct. ..2,2- t '. * TUTTLE SURVEYING SERVICES ef 226 Heather Lone 102 Wood Duck Lane TR ~ Glenwood Spring& Colorridn R16(11 Im,provelnent Survey Plat 0- 01,/26,/06 1~ (970) 928-9708 (FAX 947-9007) b-.... 47 'le ¢•r,0cate. s.wr TUTTLE SURVEYING SERVICES Aspen, Colorado 81611 cjtuttle-of.net / OF \ 1 Parcel 3 Described in Exhibit 2 Book 501 at Page 743 - - Aspen Copnpany -/090 0 1 *riI. : Drive Chain Lim- Fence \ 370. le// 1 3 «C t ARCHITECIS ACOUSTICS 174.04 1 Woolm<rk fence ~DFAMm~~~i~ ~9~~~~~3~€<s--segment 1 \ /~r e 3- ) . - 1 TOP OF SLOPE 15.82 619 ARIZONA AVENUE Drive BOTO DESIGN ARCHITECTS, INC. A ended Eczse,72€20 *~ , * ~;g~nt SANTA MONICA f 7- Ingrees an 15' Side Lot Line Setback per Book 9 ot Page 896 CA 90401 TEL 310 451 2400 der nci Boo 49 t P*e 89 FAX 310 451 0030 \ 46 1 U - es LEL-+v/ (31 ZO' -1. f-**42 / 5 1.2 sq\ ft., +/- fook 457 Page ~67 ~~,3051 4?~~~ ~ 72.3' -' Concrete .12 a e, + - ' ' f \ L S / 0,9*2 '41\0 t#NX l 6 Poi» f of Bed.0/72*1568%dj2394-''i~ _Il ~->Ip----4'D,¥:r ev 7875. " / - 2>.r - ·VB, .·7 1 --7 - ¥ DEMO EXISTING STRUCTURE WITHIN , E-/ 30 FEET FROM THE TOP OF SLOPE. 00 M ™OEN'Y~ ~ ~ k . ··'·€2 Wood Frame House / Two-Story 1 1 , g\ BACKFILL TO RESTORE GRADE TO \ c 72 m * i \ 1 . 4,>I .. i / I / MATCH EXISTING ADJACENT GRADE ~«Eff A $ *43,'-Fti /2 \ \- AND LANDSCAPE AREA MTH SOC -I_ i , · ' . 629; ,~ M atre* 5/ 1 80' sowtherly fory;n 1 Concrete D*se€6€d/™ Ach- it - 4 ·· * /809£ 4,29 92 p ye 95 /i 2 ke 141~ ·99 \·I·* ' 10559,60 y4 *. t, - k :ENG€x· - ' A .. 4 u.,4 01 \ 0 -5.37«1 7> 0 .4./. 9 f 9 ff / l «f 1~ 2 i 4,1 ZA» 1 -=1- u '444* 7 9 fl i.j %4~1 E sphalt 1 Al 'L"*f / ~1: 1.9/*.1\ - .1 Drive \ \-- ll . sole i 2,12 280 1. 1 \ 30 FEET FROM TOP OF SLOPE \ 1 ..21. • rJ / 1 .:c' . %- 111 1 - aft 2 1 Concrete / ./ \ * *.34 5,1/ :P ¢'09« .1 1/ , 58975'15"W LESSMAN Found Rebor & Cap 15,20' 1/ ~. 8- N6079*ZE 2.91 I i~¥ff*. /1 14'AN" 1 \\ F '11 - - f-1- - -1- - - t¢*9~»~ *0*-71 1.3»'- RESIDENCE [__ ___ __ ZI13*4, S.te.*-2 19_2~24>9 1 \ 102 WOOD DUCK LANE ' E .*·:42~~De*, \. t..A #f .. 0*w)'18 433*. 43129 ASPEN, CO 816 I I \ U,0 e A ';14n 5. =*Leet, 20. ~A#~M THOMN'i' "' 2- < ,•it .e'. N89'51'51"W /h....4,- .. ..A/*971w . 0 . 0, ) 0** #ANTA.~2Ld,LACOP 64 77€SE ORAINGS AND SPECrOATIONS ARE NE ~Found Rebor 04:> ./1 ARCHrrECTS, INC AN[} SHALL NOT BE USED ON ANY 011€4 PROPERTY AND COPYRIGHTOF SOTO DESIGN S82~01'41-2 ARC#'rTECTI *VC »1,7787,0,Ae<SOG SNALL 7*KE V¥01* EXCEPT BY AGREEWENT WITH SOTO OESIGN 2.12 Chain Link Fence /1 L.S. #20151 S68-42'40»W 7.559' 4 < VaVE} ON nE JOe SITE WII 0/%/S'ANCY Stull BE FfEFERENCE OVER SCALED Dne,SIONS I. SHALL BE Timber 589'23'36"W 1 Moore's Lot Split '~-45 INC. PFUOR TO TIE COA*ENCaENT ~ ANY WORK .." 89OUGHT TO T.INOT,CE 0, 80,0023/GNAMOrmDm Halla:rrt's Addition, A Found Brass Cop. 7 REVISION DESCRIPTION DATE El/4 S12, 1954 Revision 26 Se# 2006 SITE SURVEY 01 Relision 3 Oct 2006 H-m Lake Bk,N Riviw 5 0/ 2006 SCALE: 3/32•=1'-0• / 1 1 1 .1 / 1 / \\ SITE SURVEY & SECTION EL. +7873.5' fl N E-#In 18 Eli EL +7865 4 1~2 all SITE SECTION ~ SCALE: ~032'=I'-0 A-1 0 etback per Bo 4 P III. PROPOSED DEVELOPMENT The Applicant proposes the demolition of the existing structure and subsequent site restoration. This property will eventually be redeveloped in accordance with the R-15 zoning and other provisions of the Land Use Code, including a thirty (30) foot setback from the top of the Hallam Lake Bluff slope. Since redevelopment is planned for the future, the site restoration work done after demolition will be minimal inasmuch as it will entail simply reestablishing grade to tie in with existing conditions on the sides of the house, and planting of new sod over the restored grade. The delineation of the top of slope on the subject property is quite easy and rather obvious. From Hallam Lake, the grade climbs steeply toward the subject property and is covered with natural, un-manicured vegetation. There is an obvious break at which the slope levels out and the natural vegetation is met with lawn. This break forms the line the surveyor has plotted as the top of slope. Architectural and landscape designs have not been completed for the proposed project. However, the applicant intends to comply with all applicable Code requirements relating to these design elements. The property will maintain a credit for its existing Floor Area and number of bedrooms when assessing the cash-in-lieu requirements for an ADU and the Park Development Impact Fees, respectively. The credit will be verified with the City Zoning Officer prior to demolition of the existing residence. 102 Wood Duck Lane Hallam Lake Bluff Review Page 3 IV. REVIEW REQUIREMENTS "Development" is defined in the Definitions Section of the Code (26.104.100) as "the use or alteration Of land or land uses and improvements inclusive of; but not limited to: 1) the creation, division, alteration or elimination Of lots; or 2) mining, drilling (excepting to obtain soil samples or to conduct tests) or the construction, erection, alteration, or demolition Of buildings or structures; or 3) the grading, excavation, clearing of land, or the deposit or fill in preparation or anticipation offuture development, but excluding landscaping" [emphasis added]. Any "development" within the Hallam Lake Bluff is subject to heightened review so as to reduce noise and visual impacts on the nature preserve, protect against slope erosion and landslide, minimize impacts on surface runoff, maintain views to and from the nature preserve, and ensure the aesthetic and historical integrity of Hallam Lake and the nature preserve. The subject property and its existing residence are located within the Hallam Lake Bluff. A portion of the structure, specifically part of the wooden deck, is located within the 30 foot setback of the top of slope. The proposed demolition and restoration falls within the parameters of "development," making this proposal subject to Hallam Lake Bluff Review. Section 26.435.060(C), Hallam Lake Blu#Review Section 26.435.060(A) of the Code provides that all development in that bluff area running approximately on a north-south axis bordering and/ or overlooking the Aspen Center for Environmental Studies nature preserve and bounded on the east by the 7850-foot mean sea level elevation line and extending one hundred (100) feet measured horizontally, up slope and there terminating, and bounded on the north by the. southeast lot line of Lot 7A of the Aspen Company Subdivision, and on the south by the centerline of West Francis Street, shall be subject to the review standards as set forth in this Section. Section 26.435.060(C) of the Code explains that no development shall be permitted within the Hallam Lake Bluff ESA unless the Planning and Zoning Commission makes a determination that the proposed development meets all of the following requirements (the standards are provided below in indented and italicized print and each is followed by a response demonstrating compliance and/ or consistency therewith, as applicable): 1. No development, excautilion or Ji.11, ollier than native vegetation planting, shall take place below the top ofslope. 102 Wood Duck Lane Hallam Lake Bluff Review Page 4 RESPONSE: The proposed development is simply demolition of the existing single-family home, and restoration of the area within 30 feet of the top of slope. No development excavation or fill, other than native vegetation planting will take place below the top of slope. 2. All development within the fifteen-foot setback#om the top of slope shall be at grade. Any proposed development not at grade within the fiReen-fbot setback shall not be approved unless the Planning and Zoning Commission determines that the following conditions can be met: a. A unique condition exists on the site where strict adherence to the top ofslope setback will create an unworkable design problem. b. Any intrusion into the top Ofslope setback or height limit is minimized to the greatest extent possible. c. Other parts of the structure or development on the site are located outside the top ofslope setback line or height limit to the greatest extent possible. d. Landscape treatment is increased to screen the structure or development in the setback#om all adjoining properties. RESPONSE: No development will take place within the fifteen-foot setback from the top of slope, except for removal of the very northeast corner of the existing building and reestablishing of grade in this location. In accordance with the standard, this development will be at grade. 3. All development outside the jifteen-foot setback *om top ofslope shall not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top-ofslope. Height shall be measured and determined by the Community Development Director using the definition .fbr height set forth at 5ection 26.04.100 and the method Of calculating height set fbrth at 5ection 26.575.020. RESPONSE: The only development taking place is the demolition of the existing single family home, including the wood deck. The subsequent restoration will consist of grading and filling in a new lawn. No development will break the progressive height limit established in this standard. 4. A landscape plan shall be submitted with all development applications. 5uch plan shall include native vegetative screening of no less than fifty (50) percent Of the development as viewed from the rear (slope) of the parcel. All uegetative screening shall be maintained in perpetuity and shall be replaced with the same or comparable material should it die. RESPONSE: Please see the attached Site Survey & Section. As noted thereon, the affected area will be covered with new sod. The current plans do 102 Wood Duck Lane Hallam Lake Bluff Review Page 5 not involve development of anything that would require screening. No existing vegetation on the slope will be disturbed; as such, the existing level of screening from below will be maintained and preserved. 5. All exterior lighting shall be low and downcast with no light(s) directed toward the nature preserve or located down the slope and shall be in compliance with section 26.575.150. RESPONSE: All exterior lighting will be low and downcast with no light(s) directed toward the nature preserve or located down the slope. All exterior lighting will be in compliance with Section 26.575.150 of the Code. 6. No fill material or debris shall be placed on the face Of the slope. Historic drainage patterns and rates must be maintained. Pools or hot tubs cannot be drained down the slope. RESPONSE: No fill materials or debris will be placed on the face of the slope. Historic drainage patterns and rates will be maintained. If a pool or hot tub is to be located on the property, neither will be installed in a manner where drainage down the slope would occur. 7. Site sections drawn by a registered architect, landscape architect or engineer shall be submitted showing all existing and proposed site elements, the top Of slope, and pertinent elevations above sea level. RESPONSE: Please see the attached drawings, which were prepared by a registered architect. The drawings show all existing and proposed site elements, the top of slope, and all pertinent elevations above sea level. These drawings demonstrate compliance and/ or consistency, as applicable, with all the foregoing standards. Section 26.435.060(B), Hallam Lake Blu#Review Exemption Pursuant to Section 26.435.060(B) of the Code, the Applicant further requests an exemption to construct the new residence, as the entire structure will be setback at least 30 feet from the top of slope. All parties agree that the top of slope on the survey is correct, and the 30-foot setback will be measured from that line, as mapped. Section 26.435.060(B) of the Code states that the Community Development Director may exempt the expansion, remodeling, or reconstruction of an existing development within the Hallam Lake Bluff Review area provided that, 102 Wood Duck Lane Hallam Lake Bluff Review Page 6 The proposed development is thirty (30) feet or further from the top-of- slope and not exceeding the progressive height limit delineated by a line drawn at a forty-five (45) degree angle from ground level at the top-of- slope; or, the development is obscured Fom the rear slope by other structures as determined by a site section provided pursuant to review standard (C)(7). RESPONSE: The forty-five degree angled progressive height limit equates to one foot in height for every one foot of setback from the top of slope. Therefore, at thirty feet back from the top of slope, the progressive height limit would be thirty feet. This progressive height limit is "trumped" or superceded by the more restrictive height limit of twenty-five feet in the R-15 zone district with which the applicant will comply. That said, the progressive height limit is . recognized by the applicant as absolute," meaning no portions of a pitched roof or appurtenance will be permitted to pierce the progressive height limit, regardless of whether such element might adhere to the standard requirements and allowances for measurement of height in the R-15 zone district, specifically, and City, in general. As provided throughout this application, the proposed project is and will be in compliance with all applicable requirements of the Code. V. VESTED PROPERTY RIGHTS In order to preserve the land use approvals which may be obtained as a result of this application, the applicant hereby requests vested property rights status pursuant to the provisions of Chapter 26.308 of the Aspen Land Use Code. lt is understood that final approval of the proposed development must be granted by ordinance of the City Council to establish such status. It is also understood that no specific submission requirements, or review criteria other than a public hearing, are required to confer such status. 102 Wood Duck Lane Hallam Lake Bluff Review Page 7 EXHIBIT LAND USE APPLICATION APPLICANT: Name: AML Investment It LLC, Andrew Lessman, Partner 102 Wood Duck I.,aile (Lots 1-8, Block 2, Aspen Company Subdivision, City & Townsite of Location: Aspen) (Indicate street address, lot & block number. legal description where appropriate) Parcel ID#(REQUIRED) 2735-121-30-005 REPRESENTATIVE: Name: Haas Land Planning, LLC Boto Design Architects, Bret Thoeny Address: 201 N. Mill St.. Suite 108, Aspen 81611 619 Arizona Ave.. Santa Monica, CA 90401 Phone #: (970) 925-7819 010) 451-2400 PROJECT: Name: 102 Wood Duck Lane Hallam Lake Bluff Review and Exemption Address: 1 02 W-ood Duck T aize - Phone #: (310) 45 1-2400 TYPE OF API'LICATION: (please check all that apply): Conditional Use C Conceptual PUD U Conceptual Historic Devt Special Review D Final PUD (& PUD Amendment) U Final Historic Development Design Review Appeal U Conceptual SPA C Minor Historic Devt, GMQS Allotment O Final SPA (& SPA Amendment) U Historic Demolition GMQS Exemption U Subdivision U Historic Designation ESA - 8040 Greenline. Stream ~ Subdivision Exemption (includes E Small Lodge Conversion/ Margin. IIallam Lake Bluff. condominiumization) Expansion Mountain View Plane U Lot Split U Temporary Use El Other: [,3 Lot Line Adjustment El l'ext/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses. previous approvals, etc.) Single-family residence atid decks extending to within 30' ofthe Hallam Lake Blufftop of slope PROPOSAL: (description ofproposed buildings, uses, moditications, etc.) Demolition of the existing house and deck, restorationof grade, planting new lawn/sod Have you attached the following? FEES DUE: Sl,742 X Pre-Application Conference Sunimary X Attachment #1, Signed Fee Agreement X Response to Attachment #3, Dimensional Requirements Form X Response to Attachill¢tlt #4. Slibiliillal Requirernents- Including Written Responses to Review Standards >1 010000 ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: 102 Wood Duck Lane Applicant: AML Investment II, LLC Location: 102 Wood Duck Lane, Aspen, CO 81611 Zone District: R-15 Lot Size: 21,880.8sf Lot Area: 19,145.7sf (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: Existing: nla Proposed: nia Number of residential units: Existing: 1 Proposed: 1 Number of bedrooms: Existing. 4 Proposed: TBD Proposed % ofdemolition (Historic properties only): Wa DIMENSIONS: Floor Area: Existillg: 4587sf* Allowable: 4749sf Proposed: 9749sf Principal bldg. height: Existing: 525' Allowable: 15' Proposed: 95' Access. bldg. height: Existing: nia Allowable: 19 Proposed: 95' On-Site parking: Existing: 6 spaces Required: 1 spaces Proposed: k 2sp/du % Site coverage: Existing: TBD Required: nia Proposed: TBD % Open Space: Existing: TBD Required: 11/a Proposed: TBD Front Setback: Existing: 31' Required: 25' Proposed: 219 Rear Setback: Existing: 35' Required.10' byzone, 15 by HLB Proposed: >40' Combined F/R: Existing: 66' Required.· 35'-40' Proposed: 65' North Side Setback: Existing: 15' Required: 10' Proposed: 15' South Side Setback: Existing: 36' Required: 10' Proposed: 15' Combined Sides: Existing: 51' Required: 20' Proposed: 30' * = per Assessors records: actual FAR to be confirmed with Zoning Officer prior to demolition Existing non-conformities or encroachments: None (see Improvement Survey)- Variations requested: ___None EXHIBIT CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER. James Lindt, 429-2763 DATE: 9/11/06 DUOTTVOT· 102 Wood Duck Lane REPRESENTATIVE: Mitch Haas, Haas Land Planning TYPE OF APPLICA'nON: Hallam Lake Bluff Review DESCRIPTION: The Applicant would like to demolish the existing single-family residence at 102 Wood Duck Lane and construct a new- single-family residence on the site. The new single-family residence could be reviewed as a Hallam Lake Bluff Exemption if it were setback from the top of bank by at least thirty (30) feet. However, the demolition process is required to be reviewed tltrough a Hallam Lake Bluff Review because the existing residence is located within the 30 foot setback from the top of bank. The demolition of the existing residence constitutes development based on the City's definition of "ilevelopment" and development is not allowed to take place within the 30 foot setback from the top of bank by means of a Hallam Lake Bluff Exemption. Therefore. the Applicant could request a Hallam Lake BluffReview for the demolition of the existing 9 structure and tlien request an exemption to construct the new residence, which would be reviewed at a staff level. Alternatively, the Applicant could request that the Hallam Lake Bluff Review and IExemption be combined to be reviewed by the Planning and Zoning Commission. Land Use Code Section(s) 26.435.060(B) Hallam Lake Bluff Review: Exemption 26.435.060(C) Hallam Lake Bluff Review t Review by: Staff for complete application, referral agencies for technical considerations, Planning and 7 Zoning Commission for final determination on Hallam Lake Bluff Review for demolition of existing structure. The Community Development Director may be the final reviewing body on an exemption request for the new residence, if the residence is setback by a:t least thirty feet from the top of bank. Public Healing: Yes, at the Planning and Zoning Commission for the demolition of the existing residence. Referral Agencies: Engineering, Parks, Planning Fees: Planning Deposit $1,350 for 6 Hrs of Planner Time (additional hours billed at $225.00 per hour) Referral Agency Fees: Engineering Refen-al $ 196, Pai-kA Referral $190 fw Total Deposit: $1,742 To apply, submit the following information: 1. rotal Deposit for review of application. Applicant's name. address and telephone number. contained within a letter signed by the applicant stating the name. address. and telephone numbe, ofthe representative authorized to act on behal f of the applicant. 3. Signed fee agreement. 4. Pre-application Conference Summary. 5. Land Use Application 6. Dimensional Requirements Form. 7. A site improvement survey showing the top of bank and proposed site plan. 8. An 8 1/2" x 1 1" vicinity map locating the subject parcels within the City o.fAspen. 9. Proposed floor plans and elevation drawings. 10 A written description ofthe proposal and u written explanation of how a proposed development complies with the review standards relevant to the development application. 11. A copy of the recoi·ded documents that affect the proposed development. 12. Pi·00 f of ownership. 13. Additional materials as required by specific review. Please refer to the application packet for specific submittal requirements or to the code sections noted above, 15 Copies of the completc uppliention packcl (items 2-13) 10--] EXHIBIT OWNER'S POLICY OF TITLE INSURANCE Issued by LaWyers Title Insurance Corporation 1% POLICY NUMBER 12 LandAmerica Lawyers TRIo Insurance CotpwaUon ka mambarof the A75€041061 I Lawyers Title *Amerke Arn* d f#/8 hwincs unda·*,fea. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE 8 AND THE CONDITIONS AND STWULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a Wginia comoration, hemin called the Company, Insums, as of Dale of Potky *hown in Schedule A, against 1055 or damage, not exceeding the Amount of Insurance staled In Schedule A. sustained or Incurred by the Insured by maion ot 1. Titta to the estate or interest descrbed in Schedule A being vested other than, 25 stated therein: 2. Any defect In or lien or encumbrance on the title; 3. Unmarketabimy of the tltle: 4. Lack of a right ofacce53 lo and from the land. The Company wi# also pay the costs, attorneys* fees and expenses Incunred in defense of the title. as inswed. but ordy to fhe extent provided In the Conditions and Stiputations. IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and leal to be hereunto affixed by iIi duly authorized officerm, the PoliCy to becoms vatid when countersigned by an authorized officer or agent of the Company. LAWYERS TITLE INSURANCE CORPORATION /1=74> Atiest 46/-- 4 4 7.-.-,1.. 9,/44,,4,6.6 - #Es€*Ell) 7#4.-4.~ 4 d<.U# A Se-tary 0 1,21./21 Preskient %,39:*. EXCLUSIONS FROM COVERAGE The following matter; are expressly excluded from the coverage of this policy. and the Company will not pay loas or damage, costs, attorneys Imes or expenies whkh arlie by mason of: 1. (a) Any law, oMinance or govemmental regulation (including but not linned to building and zoning laws, ordinances, or. regulations) restricling, n,gulating. prohiblting or retating 10 0 the occupancy, use, or enjoyment of the land; m the character, d'rnensions or location of any knprovement now or hereafler erected on lhE land: (ili) a Separation in ownershtp or a change in the dimensions or , area of the land or any parcel of which the land 11 or was o patt or (Iv) environmantal protaction. or the affed of any violation of these laws. ordinances or govammenlal regulations, except to the extent that a not,ce of the enfor·coment thomof of a notice of a defect Den or encumbrance resulting from a violation or alleged violation affectIng the land has boon recoided in the public recods al Date of Policy (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or m notice Of a defect, lion or encumbrance maulting from a violation or alleged violation affecting the land hia been fecoided in the public records at Date of Poticy. 2. Rights of eminent domatn uniesm notice of the exerclue thereof has been recorded in the public records at Date of Policy, but not exauding from coverage any taking whkh has occurred prior to Date of Poticy whtch would ba binding an the rights of a purchaser for value without knowledge. 3. Defects, Ilens, encumbrances, adver» claims orolher mallars: (a) creatod,suffered, alumed or agfead to by the Insured daimant (b) not known to the Company, not recorded In the public re¢otds at Date of Policy, but known to the insured claimant and not actosed In writing to the Company by tile insured da,mant prior ID the date the insured claimant became an insured under thispolk:* (c) resulting in no loss ordamage tolhe inswed claimant; (d) attaching or created subsequent to Date ol Policy, or (e) resulting in 1053 of damage wh;ch would not have been sustained if the insured claimant had paid value for the estate of interost insured by this policy. 4. Any claim, whieh aria*l out of Ihe transaction v•sling in lhe Inswred the eitate or interest In•urod by this polich by remion of thm operalion of 16(*tat bahkruptcy, itals .nsolvency, or srnliar credtton' r,ght, laws. that h baied on: (a) the trantaction crest:ng the eslate or interest Insured by th* policy belng deetned a fraudulent conveyanw or fraudulent transfer, of (b) the tran:metion emating the estate w Intemst insured by thls policy being deemed a preferential transfer except where the preferenlial transfer -utts from the failure: 0 to timely record the instrumenl of transfer: or 111) o f such recordation to impart notice to a purchaaer for value or a judgment or fien creditor. NM 1 PA 10 ALTA Owners Poncy (10/17/92) Valid Only tf Schedules A and B are Attached Form 1190-74Z ORIGINAL SCHEDULE A-OWNER'S POLICY /CASE NUMBER /61TE oF POLICY <AMOUNT OF INSURANCE ~OLICY NUMBER PCT20297L March 3,2006 @ 2:37 AM $6,500,000.00 A75-Z041061 ./<NAME OF INSURED: AML INVESTMENT 11, LLC, A NEVADA LIMITED LIABILITY COMPANY t~* THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE ed' THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: AML INVESTMENT 11, LLC, A NEVADA LIMITED LIABILITY COMPANY /~ THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: A tract of land situated in the Southeast Quarter of the Northeast Quarter of Secoon 12, Township 10 South, Range 85 West of the Sixth Principal Meridian, City of Aspen, County of Pitkin, State of Co16rado, consisting of the northerly portions of Lots 1,2,3,4,5,6,7 and 8, in Block 2 of the Aspen Company Subdivision, more particularly described as follows: BEGINNING at a point whence a U.S. brass cap dated 1954 and marked as the East Quarter comer of saFd Section 12 bears S 55'43'55" E 1096.78 feet thence East 174.04 feet, thence South 73.27 feet thence S 89°15' 15" W 15.20 feet, thence S 69'14'58" W 66.03 feet thence S 86°18'47- W 6.36 feet thence S 00'43'03' E 5.91 feet: ·· thence S 89'23'36" W 14.83 feet thence N 89°51'51" W 75.99 feet thence North 103.16 feet to the point of beginning, together with a tract of land situated In the Southeast Quarter of Ihe Northeast Quarter of Section 12, Township 10 South, Range 85 West of the Sixth Principal Meridian, City of Aspen, County of Pitkin, State of Colorado, consisting of the Easterty portion of the 30-foot wide road in the Aspen Company Subdivision, more partularly described as follows: Beginning at a point whence a U.S. brass cap dated 1954 and marked as the East Quarter comer of said Section 12 bears S 55'43'55' E 1096.78 feet; thence North 30.00 feet thence East 174.04 feet; thence South 30.00 feet thence West 174.04 feet to the point of beginning. Countersigned: Authorized officer or agent PITKIN COUN-rflTILE. INC. 601 E HOPKINS AVE. ASPEN, COLORADO 81611 (970) 925-1766/(970)-925-6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. EXHIBIT October 3,2006 Aspen Community Development Department 130 South Galena Street Aspen, CO 81611-1975 Re: 102 Wood Duck Lane Hallam Lake Bluff Review and Exemption Application To w}10171 it nitiy coitcer:n: 1 hereby authorize Haas Land Planning, LIC (HLP), and Boto Desigii Architects (BDA) to act aS my designated and authorized representatives with respect to the land use application being submitted to vour office for L - P.operly located at 102 Wood Duck to subniit a.ii ajipticatic)11 for Ilalla111 1.,ake B!:u:ff Revietv aiici Hallam Lake Bluff Exemption, and any other incidental reviews. I-ILP and BDA are also authorized to represent me in -meetings with City staff, boards, and commissions. Should you have any need to contact me dti.ring the course of your review, please do so through Haas Land Planning, LLC whose contact information is provided iii the application. Sincerely, /J,I. 4/ & 4 A 1 1 '\· 11 1 t (1 8 f u 1 . ' ..k / .- I . ./ Andrew Lessman, Partner * AUL Investment II, LLC 47Ph a Nevada Limiled Liability Companv i*6 Lane (Parcel ID No. 2735-121-30-005). 11LP and BDA are authorized C EXHIBIT ASPEN CENTER FOR ENVIRONMENTAL BART QUAL PER RES TRST 1 5 STUDIES 909 POYDRAS ST 20TH FL 100 PUPPY SMITH ST NEW ORLEANS, LA 70112 ASPEN: CO 81611 CHATFIELD CROSSINGS INC BERGER BRUCE CHAMBERS MERLE C C/O DWORMAN DARRYL 600 EAST HOPKINS - #202 1700 LINCOLN ST STE 3950 65 W 55TH ST STE 4A ASPEN, CO 81611 DENVER, CO 80203-4539 NEW YORK, NY 10019 CRAIG CAROL G DAGGS JAMES K & ELLEN G EFH HOLDINGS LP PO BOX 18 715 W MAIN ST STE 101 PO BOX 8770 WOODY CREEK, CO 81656 ASPEN, CO 81611-1659 ASPEN, CO 81612 KOCH CHARLES G TRUSTEE 6 FARISH ANNE F HERNANDEZ CECIL M & NOELLE C C/O KOCH FAMILY MGMT 4 2200 WILLOWICK #16E PO BOX 1045 4111 E 37TH ST N F HOUSTON, TX 77027 ASPEN, CO 81612 WICHITA, KS 67220 KREPACK HOWARD & VIVIAN TRUSTEES LEYDECKER SUZANNE LYNNE LUNDGREN DONNA 50% 710 N THIRD ST UNIT A PO BOX 6700 9034 BURROUGHS RD ASPEN, CO 81611 SNOWMASS VILLAGE, CO 81615 LOS ANGELES, CA 90046-1405 Q* MARCUS STEPHEN J MARION BRANDON L & ANGELA M MUSIC ASSOCIATES OF ASPEN INC Rf PO BOX 17og PO BOX 8837 2 MUSIC SCHOOL RD *t ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611-8500 4 RAPPAPORT KURT & JULIETTE SANT MARALYNN VIERSEN TRST WALNUT CREFK RANCH LLC -' TRUSTEES 50% PO BOX 702708 4520 MAIN STSTE 1050 2 9034 BURROUGHS RD TULSA, OK 74170 KANSAS CITY, MO 64111-1816 21, LOS ANGELES, CA 90046-1405 WOOD DUCK REALTY CORP WURTELE CHRISTOPHER C TRUST ZILKHA SELIM K TRUST 4% C/O LUCY ALMODOVAR 38 MEHA PL 750 LAUSANNE RD 4% 645 FIFTH AVE 8TH FLOOR PAIA, HI 96779 LOS ANGELES, CA 90077 ft NEW YORK, NY 10022 BELL 26 LLC 4 PO BOX 1860 BENTONVILLE. AR 72712 EXHIBIT CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aureement for Vavment of Cil¥ of Aspe,1 1),1 4·I,iliment ..1111)liention Fees CITY OF ASPEN (lete<iwiter C i ] Y ) ai-jd __»1 Li t, K.·'1!,16·qi 11: L .LC,..a Nqui.,·ta ..Litoj.te.d. J.j®ilt Companv. Andrew Lessnimi. Partner (hcreinaller APPLICANT) AC,Rl:1: AS 1-( )LLC)WS: l. APPLICANT has submitted to C! 1-Y an application 1-or Hallam [.ake Bluff Review and Hallam 1.34· Bl,III it :r .mtlixemption (hereinafter, THE PROJECT). 2 APPLICANT understands aird agrees thal Cily of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for 1.and Uge api,lications and the payment of ati processing Ices is a condition precedent to a determination ofapplication coinpleteness. APPLICANT and CITY airec that because or the biye. nature or scope of the proposed project. it is not possible at this litne to 3,cel-[ain the full extent of the costs involved m processing tlie application. APPLICAh f and CITY further agree that it is in the interest of the parries thal APPLICA Nl make payment o f an initial deposit and to thereafter ju-mit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional cos:, may accrue following their hearings and.for approvals. APPLICANT agrees he wi ji be benefited by retaining greater cash liquidity and will make 4 additional payments upon nomication by the CITY when they lire necessurv as costs ate incurred. CITY 1% a.:ree< it will be benefited ilirt-,tigh rhe greaki· certailit:y of recovering its full costs to process Arl·'LICANT'S application. 4. CITY and APPLICANT further ,:dree that i: i. ititpt-acticable for CITY stall zo complete 16 proceising or present sufficient intonnation to the I'lani.inf C-,Immission and.for City Council to enable the . 1:!ali:iii'.i: Commission and/or Cily Council to make [egully required findings for project consideration. unle·,3 current billings are paid in full prior to decision. 5. Therefore. APPL.ICANTagrees that in consideration of the CITY'f waiver of its right to collect full rees prior to a determination of application completeness, APPLICANT shall pay an in:in'al deposit in the amount of S 1.742.00 which is for_.fin@Lhours of Community Develerment suff time. and if actual recorded co:ti exceed rhe initial deposit. APPLICANT shall pay additional niont'ily billim:i to CIf Y to reimburse th:e (,1,1.~, for the ri·ace·Ung of the applicalion mentioned abo,e. imlil,!ing pt)'•t approval review w a rale of $225,00 per philmer hourover the initial deposit. Such periodic pisyn·,at# shall be made with;in 30 days (11 th: billine date. APPLICANT furthet .iguees Iliat Ihili,le lo ivy b'.14,·11 31:Cl,l.1.·J costs shall b¢ grounds tor stisre 11.>nor i 01' pi t·,ce i:imu, and in no Case will buil ding permits be issued unul Lili custs ·isst,ciate<1 wi i h case process: i n,2 1,;n e bet I t paid. : IN\ C CITY OF ASPEN APPL{C,4'r N / 7 C X.ijjj Kir/A--™,-%5 By: BA ) Chris Bend oil h\nil]*ew LA:s,i\;i~iJ\-- / Comninnity Development Director D:ite: 10/5/06 Ililling Address and Telephone Number: c·· ' Incluiles 91350 Planning Deposit; 5196 Engincering Rl'quirrd i , iden·.,1; an·d. 5196 Parks ruler-r:d c/o Bret Thoens. Rotc, Desien Architects 619 Arizona Avenue g:\Napport\fornislagrpayas.doc Santa Monica, CA 9()40 I 11/30/04 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and AML Investment II, LLC, a Nevada Limited Liability Company, Andrew Lessman, Partner (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Hallam Lake Bluff Review and Hallam Lake Bluff Review Exemption (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. 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 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 $ 1,742.00 which is for six (6)* 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 $225.00 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'.bui~.i7 permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN «~ANT ~ ~ i / Bk- )(4,6 LIU24·nj BA / Y42/ M ) Chris Bendon hindrew LAs.6;~~ Community Development Director Date: 10/5/06 Billing Address and Telephone Number: * Includes $1350 Planning Deposit; $196 Engineering Required referral; and, $196 Parks referral c/o Bret Thoenv, Boto Design Architects 619 Arizona Avenue u b v J van R g:\support\forms\agrpayas.doc Santa Monica, CA 90401 11/30/04 Au-EN BUiLDING DEPARTMENT RETAIN FOR PERMANENT RECORD AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 102 WeD (Duck L i , Aspen, CO SCHEDULED PUBLIC HEARING DATE: DEC€ME€R- 19 , 200-6 STATE OF COLORADO ) ) SS. County o f Pitkin ) I, ~Ild ~AS (name, please print) 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 (IE) 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. J Posting ofnotice.* 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 ten (10) days prior to the public hearing and was continuously visible from the 82Way of On#49€L , 200_6' 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 of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(IE)(2) ofthe Aspen Land Use Code. At least ten (10) 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 ofthe property subject to the development application, and, 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 any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet ofthe 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) &1 - ..2 9. 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 has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendme Signature \ \ The foregoing "Affidavit of Notice" was acknowledged before me this / 4 day of /(120&,a..4.£49 , 2004, by /PLA'CA Na-Ek_5 WITNESS MY HAND AND OFFICIAL SEAL 2 r itt... t44.4 f My commission expires: 5 /14/6008 e i 0»...................0 ' COLORM© Notary Public O ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL PUBLIC NOTICE RE: 102 WOOD DUCK LANE HALLAM LAKE BLUFF REVIEW & EXEMPTION PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, December 19, 2006, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Council Chambers, City Hall, 130 S. Galena St., Aspen. The Applicant proposes to demolish the existing single-family residence at 102 Wood Duck Lane and construct a new single-family residence on the site. The demolition process is required to be reviewed through a Hallam Lake Bluff Review because the existing residence is located within the 30 foot setback from the top of bank. The redevelopment of the site with a residence is considered an Exemption because it would be located behind the 30 foot setback area. The subject property is legally described as a portion of Lots 1-8, in Block 2 of the Aspen Company Subdivision, City and Townsite of Aspen. For further information, contact Joyce Allgaier at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 429-2754, (or by email at jovcea@ci.aspen.co.us). All written correspondence related to the application should be sent to the above e-mail or physical address. Applicant: AML Investment II, LLC, Andrew Lessman, Partner, c/o Bret Thoeny, Boto Design Architects, 619 Arizona Ave., Santa Monica, CA 90401 and Haas Land Planning, LLC Planning Consultants, 201 North Mill Street, Suite 108, Aspen, CO 81611 s/Jasmine Tvere, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on December 3,2006 City o f Aspen Account 20./.+ October 3,2006 Aspen Community Development Department 130 South Galena Street Aspen, CO 81611-1975 Re: 102 Wood Duck Lane Hallam Lake Bluff Review and Exemption Application To whom it may concern: I hereby authorize Haas Land Planning, LLC (HLP), and Boto Design Architects (BDA) to act as my designated and authorized representatives with respect to the land use application being submitted to your office for the property located at 102 Wood Duck Lane (Parcel ID No. 2735-121-30-005). HLP and BDA are authorized to submit an application for Hallam Lake Bluff Review and Hallam Lake Bluff Exemption, and any other incidental reviews. HLP and BDA are also authorized to represent me in meetings with City staff, boards, and commissions. Should you have any need to contact me during the course of your review, please do so through Haas Land Planning, LLC, whose contact information is provided in the application. Sincerely, M./ Andrew Lessman, Partner AML Investment II, LLC a Nevada Limited Liability Company D GET 1 8 2006 A& DEN BUILDING DEPARTMENT E. ........ Parcel 3 Described in Exhibit 2 Book 501 at Page Aspen Company 24 \\N.42hbor's Drive of\Drive Chain Link Fence / 90 ARCHITECTS Stqn e Wall ~ - -----Ig - 144/ ACOUSTICS L - \ Q f * ' 90°0(Too"E 174.04 Wood/Rrk ence 9(1 Rec. 646/ 15.82 L~ ~ TOP OF SLOPE SANTA MONICA €88 3 vasement Asphalt j 4 jutc s BOTO DESIGN ARCHITECTS, INC. Drive 1 619 ARIZONA AVENUE A ended Easement 0 0 Item i kj e 2 ent 15' Side Lot Line Setback per Book 29 ot Poge 896 Norther Portion, CA 90401 I Th' ' / I TEL 310 451 2400 Tess and - . Deserib in Exhibit FAX 310 4510030 U derg und -24 612 / Book 4 9 at /7,4€ 89 - - <1\ %\ 0\ ~ Uti - ies 5 1.2 sq. ft., + /- 41 911 /A x Bpok 457 Page A77 Found Disk, 72 3. Concrete .12 a e, + - B ' . 'I Point of Be inni ' . Ng °00'00 " W 4. 04 T L. S # Megi e o - 1-- -L -1 V Ul-Elev. 7875.4 -- .3-Ell //ifie\\ 9 ~ f f« i fr 5-2 DEMO EXISTING STRUCTURE WITHIN ;y 1 11 9// 9 , \0 1 4-14 I / Two-Story BACKFILL TO RESTORE GRADE TO C. \// 1 1~k _Lh 2 30 FEET FROM THE TOP OF SLOPE. jo BRET F THOENY /26*72 1 0 1 4 . 34.2·/ / Wood Frame House ~ . ,» O r.l j 'jv -49, 0 Q 9 MATCH EXISTING ADJACENT GRADE 6.2, . / 4 - 4 47' th 0 AND LANDSCAPE AREA WITH SOD. *l) ARCY' F 45 2/ \1 P\\ d.% M / 19 -- 9 8.0, ~ Soutterly f iortion / f Concrete Dese«bedfin .Exhibit 3 ~Book 429 at Arge~f~95- ~3? ~~~ ~ \00 16359.GO 54. fli 0 0 4 -4\ 5 - qj \ 4 9 2 , 12.8' ~9- 38/acret if- /03// 9/ h pzK I 05- tfu -1 1 f / 11 » r- 1/ 9;7 r 1 L 91' 1» I Asphalt 1 Drive /1/ / f / /0. . 101 16%[':144'11*AL,%'bet.%7,%4 4 0 1 CO | . 99 .M+Ob,ow.w.1.·©0,·fero,N-"4..MA./ k *4 0-1 MAINUU U / 1 L h- 1-/costone 0#tiOE&1 9- ./ .... M ....k~ HAR//14//////,11HAMMIMI/,/, w**:-*#»*1*** J4 30 FEET FROM TOP OF SLOPE / .,1,1.IMA,MAK/,4//,1,1/1,1,1,1,1"ll/ «11»1 /'• MIMMIMMMIH//MAN.IMINIMIJ- IQ -/ 7 Concrete -\ 0 8/ 47 1\\ 1/ / 2\ Found Rebar & Cop N60*49'22"E 2.97' 00 L.S. #20151 0 A. , 1 4 1 2/ ; 1&0(7 ° & 58 15.20' A#-r 1 0~ 58 9 75'15" W LESSMAN .0 "7 ¥ir - 66 RESIDENCE 15' Side ot Li Setback per Book 4. .29~~,~~ ~f- -~ ...,0. L____ ___ i, 102 WOOD DUCK LANE - lect ' -Meters 7 r, 7 0,9 ASPEN, CO 81611 j /*i.© , 22~: ' ~215 12, /re~ 1%07,4.16 2 ize fty 15.30' , , 1* CA ctric Transformer , *p & CGI) Wood PA/PM: THOENY edes \ 1: /0 Fence /3044244 DRAWN BY: AL Found Rebor _N 89°51'51"\N 7~--.~t~ PROJECT NUMBER: 26054 2. I L.S. #221 5,1 1.67 O£ .9 ~20 ely) 571-24 05 W ' , THESE DRAWINGS AND SPECIFICATIONS ARE THE '40-) C.) - 0- t/ii T Found Rebar S82*01'41"E PROPERTY AND COPYRIGHT OF BOTO DESIGN CR>. ARCHITECTS, INC. AND SHALL NOT BE USED ON ANY OTHER Found Rebor & Cop 24; 27 ~7 ARCHITECTS, INC. WRITTEN DIMENSIONS SHALL TAKE /) WORK EXCEPT BY AGREEMENT WI™ BOTO DESIGN 2.12' Chain Link Fence L.S. #20151 S68'42'40"W 1.59' . 44 PREFERENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE Timber 989°23'36"W 4, Moore's Lot Split BROUGHT TO THE NOTICE OF BOTO DESIGN ARCHITECTS, INC. PRIOR TO THE COMMENCEMENT OF ANY WORK. Wall EN Hottla/ni 's Additioll A Found Brass Cap, ~1 REVISION DESCRIPTION DATE E 1/4 5 1 2, 1 95 4 ~ Rev~mon 26 Sept. 2006 Revision 3 Oct. 2006 6112 sURVEY 06 Hallam Lake Bluff Review 5 Oct. 2006 SCALE: 3/32"=1'-0" -1--1 I ~ SITE SURVEY & SECTION 1< , EL. +7873.5 A l Im U.Ji 1 LL ZI 7- EL. +7865' ~ ~ m1 bl I ~ a-1 SITE SECTION ~2~ SCALE: 3/32"=1'-0" A-1.0 . . . . . . . 0 4°°q?@s euil ~+100°00'00" WI- r , Jed >pocne ull 10 . . . . . 0 . . Improvement Survey Plat Parcel 3 102 Wood Duck Lane ~ Described in Exhibit 2 As Described Below: Book 501 at Page 743 $. City of Aspen, County of Pitkin, State of Colorado -~ -lf *4 Neighbor's Drive Chain Link Fence *idge N Stone Wall -- =-=0-00=77--mr-- . N90*00'00 L 174.04' =: b "13 . 11. 4 4„, W - - W - *4 n \ - »bo**~k Fence j 4% § it - 4 - -4 Legal Description: (Per Title Commitment) K F f u<u"ts, - AcceskGfas#7neT#t , 1 A tract of land situated in the Southeast Quarter of Section 12. Township 10 lit i a 15.00' L. -: DA~~3/t ~ Ree. #428461 15.82 # Pardet 5 1 ~ - indicates 0%-20% Sopes (area=824%7 South, Range 85 West of the Sixth P.M., City of Aspen, County of Pitkin, /4/3....% 1 1 1 1 .... State of Colorado, consisting of the northerly portions of Lots 1,2,3,4,5,6,7 (No hatching) and 8, in Block 2 of the Aspen Company Subdivision, more particularly Amended Easement 70 ~ /tem 11 0/ described as follows: iNortherly Portion I 4 - ' -. 7 - .-I.j .4. for Ingress and 0 - Title Conunit,nent_ p_ _ _ 1£-Side Lot Line Setback per Book 429 at Page 896 , 7 .O 1----- -------------4--- \Deser€622 in. 71~9627 3---- Egress and 00 f I I - indicates 20%-30% Slopes (area=10.2%) Beginning at o point whence o US. brass cap dated 1954 and marked as , 4 r '-F the East Quarter corner of said Section 12 bears S55'43'55~ 1096.78 feet; L_,211 Coots) 18ook 42{9 at Pa~ 895 «- 7, f - f- Ff % '9 ,02 \ Thence East 174.04 feet; Underground J Ob I t i . / Uatiaes '~ *f 1 % . 01 j Thence S8975'15~W 15.20 feet; fook 457 Page 167 k Found Disks ~ / ,/ ~ / 22.J• 2 - · '71----Concrete \ 0.12 06·res, ~- ··· y - Indicates 30% or greater Slopes (creo=7.4%) - 5221.2¢:=sqi: ft.'> 4-/- Thence South 73.27 feet; 0 f 1 /// , 4s, 2 -- t- -uu -U€\ . . A. - f Thence S6974'58"W 66.03 feet; -*- L.S. # Illegible 1 ~l (Dashed) Thence S8678'47» 6.36 feet; / . 4- -' --2-4 4 Ngo°00'00"W Point of Beginning ~ .// , Thence SOO'43'03"E 5.91 feet; i '/ · ¥,4 Thence S89'23'36"W 14.83 feet; , f / p , , 1 ,/ ' 1 N- h - ~ 3--0-t~t--ix---f 1 i. P 9528* 1.,·· · f. :1*11 1 Thence N8931'51»W 75.99 feet; f rip/'', 7hence North 103.16 feet to the point of beginning; 4,/ t// : ./ :1 - ¢ 1 1\:: '' $ i \ & 4 $>I + $} 9 i . ltv, #. Together with o tract of land situated in said Southeast Quarter, consisting 4, ---1 10.00' 1, -* of the easterly portion of the 30-foot wide road in the Aspen Company ti I /* ~~ Two-Story Subdivision, more particularly described as follows: 14% 6 5 F .. 2 .j[5' /92·/ , / Wood Frame House / / / / \ / 4 4 \ ..t 4.,.' i \ 1 & 'i 'hit ' Beginning at o point whence a U.S. brass cop dated 1954 and marked as I */ t>«L ,>ko»' -1 . I t./ Thence North 30.00 feet; the East Quarter corner of said Section 12 bears S55'43 55*E 1096.78 feet; ¥ T 1/ · / A , ,/ / 1 4,3 , I / 1 7 / . / .·· /-->-1 N If t i>·A i Nii Thence East 174.04 feet; 99 . ./ \ It . it'. 6 , I I Thence South 30.00 feet; A•L f j \ I .6. ; 3% I 0- 1 Thence West 174.04 feet to the point of beginning. ' I 1 / MED et k te , -» ~ i 4, A---1 1 ~ Concrete - ./ ' r Concrete % 101 Ut b,. i 41 m '4/ f ~10~ 1 Legend and Notes: '- AU i / / : ./ A- ~---1 -.4 f 50084* .'.,-1.... . 1 I /2 + ./1/ L. § .<.' 1/./// : i. i ...i]6 § - This property may be subject to United States Patents regarding ore . I . ·· , 5 1 /' 1 removal, os reserved in Book 55 at Page 2 1,7 the records of the Pitkin County Clerk and Recorder (item 7 of the title commitment). 428' / 1, 1 * 1/\-_Sh- i - Item 8 of said Title Commitment pertains to c Grant of Easement 0 \% „ .Ext ~~%4 1 " - a recorded in Book 379 at Page 362 for o Tennis Court. There is no longer a 4 r -- . fit,Azy»et g 0 1 ~/ f Tennis Court on this property nor on the adjoining parcels. per scid . 1 1 \ 42 // . - V J j & g- i instrument, this eosement i: to be voided by the removed of the tennis 1 . ..14 Asphalt - 1 4804*me** Artion court. li f Drive L~-li*pe>*6* in hA.ut .7 .I~F\~· u-i - This property is subject to terms, conditions. provisions and obligations f»*e.es· ·at Aa)4149.t~~ \, *t- ~ j of Declaration of Restrictions. Reservations and Covenants. as set forth in 1 E / 8 1 : I'' / B ti .'dle•:2 15159164 s.q. ft.,t+/2·4$,f ift \ \1~ 1 instrument recorded in Book 429 at Page 895, and Amendment thereto ~A / 22£6. / , lo.33<qc#a,*A-*+1- 28 fl~fil.- FE recorded in Book 501 at Page 743 (item 9 of the title commitment). in f .// 1\ / 4 -·\\ \~ ~% - 77#s property is subjbct to Easement and the terms, conditions, f I la 1 I $1 0: 1 4\ -, - 1 4 -4 1 1 t \ji 504.2 -~(ji*~*-+31 li: Provis/ona and obhgotions of Jo,ht Easement Agreement recorded h Book k 1 - i & - 14 4 J~E~ -\,t.~ 429 ot Page 903, and Amendment thereto recorded in Book 457 at Page %§ 167 Otem 10 of the title commitment). 4 %- ... l - % \:' - This property is subject to terms, conditions, provisions and obligations as P 4 Concrete C set forth in Access Easement Agreement recorded as Reception #426461 (item 11 of the title commitment). Per said Agreement. this Easement f A i ~ Found Rebar & Cop \-/ L.S. 020151 covers the extent of the existing driveway, as built and in place. / 1,- 4-"" 1 -- -th 0-~N#0¥9'22-E 2.97' //1 1 191 Im 1 1, 1 .1 4,5%34~/ 15.20 - 0 indicates found monument as described 15.00 - 15.00' -| . * *...9.- I I S89°15'15"W - O indicates #5 rebar with red plastic cap. L.S. #33638, to be set t or original recovered . -5010 - Beorings ore based upon a disk, LS. # illeglble. found at the northwest GRAPHIC SCALE of the northerly subject parcel; and a U.S. brass cap dated 1954. found comer of the southerly subject parcel, also being the southwest comer 15' Side Lot Line Setback per Book 429 at Page 896 ~ \ - J / 10 0 3 10 in place and morked as the East Quarter Comer of Section 12, 1 u.*79 0 bear,>ig of .555¥335.E between the two described monuments. -Ue<=CA* 586°18'47"W 0 Pedestd some improvements may not be shown. - Due to deep snow cover ct the time of this survey. 535' f >.alr, ( IN FEM) 15.00' Electric Transformer--rn ~:~_/~~ re/ephone Wood 1 inch = 10 fL - This property is subject to apparent easements for existing utilities. Found Rebor & Cop LJ U ~0, Pedestal ' Fence ,% *f cp, ~ N89°51'51"W 75.99' 1.' or a».35'0~ - This survey does not represent c title search by this 142. 14.33'6 L S. #2015: . 1.67' LP' 471·205 W I easements or other encumbronces of record. A# surveyor to determine ownership or to discover -< FoundRebar O 0 644 19 0 0 0 0-t - 0 information pertaining to ownership, easements or other I //. Surveyor's Certificate: 1 RN 1'1 1,I Found Rebor & cop Co ~ i 1 encumbrances of record has been token from title ,/ j S82'Of '41=E 9-) 1, Jeffrey Allen Tuttle, being a Registered Land Surveyor in insurance commitments issued by Pitkin County Title, Inc. 2.12 Chain Link Fence ~- LS. #20151 - 7 the State of Colorado, do hereby certily that this Improvement dated December 16. 2005. as Order Number PCT20291 / S68'42'40»W 1.59' survey was made under my supervision and is true and rmb~er S89°23'36" W Li correct to the best of my belief and knowledge. 1 further certify that the improvements on the above described Wall parcel on this date, January 18, 2006, except utility connectionl cre entirely with/n the boundaries of the parcel, except as PIf shown, that there ore no encroochments upon the described Found Brass Cap, indicated, and that there is no apparent evidence or sign of premises by improvements on any adjoining premises except as El/4 912, 1954 except as noted. any easement crossing or burdening any part of said parcel, Jeffrey Allen Tuttle L.S. 33638 Date TUTTLE SURVEYING SERVICES 1/ According to Colo,ado law, you must commence any legal action based upon any defect in 226 Heather Lane th€s su,vey with€n three years after you 102 Wood Duck Lane Drawn by: TR fi:rst discover such defect. In no event may Glenwood Springs, Colorado 81601 Improvement Survey Plat Date: 01/26/06 any legat action based upon any defect A this survey be commenced mo,e than ten years (970) 928-9708 (FAX 947-9007) Aspen, Colorado 81611 AR X flrom the date of the cert€ficat€on shown her€071 cjtuttle@rof.net 0 . . . 0 . . 0 Pare Described