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Home My WebLink AboutLand Use Case.102 Wood Duck Ln.0011.2009.ASLU. --=f, 6 -102 Wood Duck Lane 0011.2009.aslu - ~ i Land Use ESA 2735 12 1 30 005 ~ _~_ _ ~ _~ I. *. ' 'l' '74~,* A- 1. -=Â»U S 1306*41*b J1 l69 IR i -ry. . 9=~5*319.452.-../LWi1it213.-,"gA-/,1/.- . ..Â·Â»gku'~ THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0011.2009.ASLU PARCEL ID NUMBER 273# 121 30 005 PROJECTS ADDRESS 102 WOOD DUCK LANE PLANNER ERRIN EVANS CASE DESCRIPTION LAND USE ESA REPRESENTATIVE MITCH HASS DATE OF FINAL ACTION 04.22.2009 CLOSED BY Angela Scorey on 10/29/2009 /K/ AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: [ 0 2 Wed -Duck lan Q. , Aspen, CO SCHEDULED PUBLIC HEARING DATE: -4 rl ttiesau- Af M I. 2/ sl- 0 9,- Onf,4 200_1 STATE OF COLORADO ) ) SS. County of Pitkin ) L A-v\q -el A 6 rod- ,â‚¬/L/1 (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 (E) of the Aspen Land Use Code in the following manner: 1/' Publication ofnotice: By the publication in the legal notice section of an official paper or a paper ofgeneral 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 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 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 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) 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. (contin'u.ed on next page) N./ Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subj ect to this notice requirement. 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 o f an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses o f owners o f real property in the area o f 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. Signature The foregoing "Affidavit of Notice" was acknowledged before me this 4 day of A fri l , 2001, by A-97 9 6101 9 rchr-â‚¬-.uÂ·I 4 WITNESS MY HAND AND OFFICIAL SEAL .J My commission expires: Ok L 10 2 a 0\ le 60101-NA Notary Public N *2. ATTACHMENTS AS APPLICABLE: ~ \ MEYER i ~ â€¢ COPY OF THE PUBLICATION Â· %74..........r~~ â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES Â¥4&~TeEbrat 91.91~00 BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 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. AML Investment II, 102 Wood Duck Lane, Aspen, Colorado. Property Owner's Name, Mailing Address and telephone number Parts of Lots 1-8, Block 2, City and l ownsite of Aspen, Colorado, more commonly known as 102 Wood Duck Lane. Legal Description and Street Address of Subject Property The Applicant received Hallam Lake Bluff review approval to allow for a patio with a sunken hot tub and fire pit. Written Description of the Site Specific Plan and/or Attachment Describing Plan Grant of a an approval of Hallam Lake Bluff Review by the Planning and Zoning Commission and associated approvals via Resolution No. 6, Series of 2009, April 21, 2009. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) May 3, 2009. Effective Date of Development Order (Same as date of publication of notice of approval.) May 3,2012. 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 this 4th day of April, 2009, by the City of Aspen Community Development Director/\ ~ Chris Bendon, Community Development Director PUBLIC NOTICE I RE: 102 WOOD DUCK LANE, REQUEST FOR HALLAM LAKE BLUFF REVIEW TO CONSTRUCT A PATIO WITH A SUNKEN HOT TUB AND FIRE PIT AT THE TOP OF THE HALLAM LAKE BLUFF REVIEW AREA NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 21st, 2009, at a meeting to begin at 4:00 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 Haas Land Planning, LLC, 201 N. Mill Street, Aspen, CO, 81611 on behalf of the owner of the property, AML Investment 11. The applicant is pro- posing to construct a patio with a sunken hot tub and fire pit at the top of the slope of the Hallam Lake Bluff review area. The property is legally de- scribed as Part of Lots 1 - 8, Block 2, City and Townsite of Aspen and more commonly known as 102 Wood Duck Lane, Aspen, Colorado, 81611. The parcel identification number is 2735-121-30-005. For furÂ·ther information, contact Errin Evans at the City of Aspen Community De- velopment Department, 130 S. Galena St., Aspen, CO, (970) 429 2745, Errin.Evans@ci.aspen.co.us. d LJ Erspamer, Chair Aspen Planning and Zoning Commission Published in the Aspen Times Weekly on April 5, 2009.(3228591) 9- 4 0011 ~2Â£0?Â·AÂ§l 'P~Â·ul \D * .2-,-6-\1-1 -30 -005 Elle Edit Becord Navigate FQrm Reporis Format Iab Help @ * ) e 4. 8 0 -3 J. N 41 .JO,juitt 01. t]202d . 1 ./923 j 96=te ~ Maluation |Custom Fields 18gtions 1Fees | Parcels |Fee Surnmarx ~ Sub Permits | Atta~hments | Roitag Status |Roiting fstory I Permit Type laslu -~Aspen Land Use Permit # ~00 U.2009.ASLU Address ~102 WOOD DUCK LN 1| Apt/Suite < City ~ASPEN State 26-3 Zip I81611 -@ Permit Information ' Master Permit ~ .g| Routing Queue |aslu07 Applied 102/18/2009 2.1 Project 1 Â£| Status |pending Approved | 1,3 Description ~ LAND USE. ESA - HALLAM LAKE BLUFF: Issued ~ FInal | Submitted IHASS LAND 925-7819 Clock ~ning-- Days |~-7- Expires ~02/13/2010 ill Owner Last Name ~AML INVESTMENT II, LLC -g~ First Name ~ 102 WOOD DUCK LN LOTS 1-8 BLOCK 2 o Phone ~ A5PEN CO 81612 Id E Owner Is Applicant? Applicant Last Name ~AML INVESTMENTS II, LLC .g~ First Name ANDREW LESSMAN 102 WOOD DUCK LN -1 I LOTS 1-8 BLOCK 2 Phone |(970) 925-7819 Cust # ~27965 2| |ASPEN CO 81612 9 Lender -- Last Name ~ .~ First Name ~ Phone ~ AspenGold{b) -/Ill_Re CE * 1 480 11\0( 0 9 ~ . Cla .bvÂ«K f Â£(Act .00 C* 400292 251 7 6 94 7 n 1 89â‚¬P \1~'~ 0 *Oqoo~| r.u8 mll IL ?ajvJ 4 2795- p - 1 -30-0015- 00 l 1 - Zxff . AGL U Elle Edit Record Navigate Fgm Reports Format Tab Help giG ~ 8 0 2 2 a ..3 . 2 9 0 J __ 9 96 -4 ] Main | Maluation |Custom Fields | actions | Fees I Parcels |Fee Summary |Sub Eermits | Attachments ~ Routing Status | Routing 1 I Permit Type ~ Permit # ~0011.2009.ASLU 1 Address |102 WOOD DUCK LN Â£| Apt/Suite ~ City |ASPEN State ~CO ~| Zip |81611 *] Permit Information ---- -- -Â· Â·Â·Â·- -- CZZ Master Permit ~ Â£~ Routing Queue ~aslu07 Applied ~02/18/2009 2._I -1 Project | ~ Status ~pending Approved | -Â·4Â¢ Description ~ LAND USE. ESA - HALLAM LAKE BLUFF Issued | _] :44 Final | ~ Submitted |HASS LAND 925-7819 Clock ~Runr'ling Days rly Expires |02/13/2010 z-j Owner Last Name ~AML INVESTMENT II, LLC ~ First Name ~ 102 WOOD DUCK LN LOT5 1-8 BLOCK 2 Phone ~ ASPEN CO 81612 E Owner Is Applicant? Applicant - - Last Name ~AML INVESTMENTS II, LLC ~ First Name ~ANDREW LESSMAN 102 WOOD DUCK LN 1 1LOTS 1-8 BLOCK 2 Phone |(970) 925-7819 Cust # |27965 â‚¬| ~ ASPEN CO 81612 Lender - -- Last Name ~ â‚¬~ First Name ~ Phone ~ AspenGold[b] ~ 10 Record: 1 of 13 4>C'*14 .00 ~mqlooll 1969 qell VIA. MEMORANDUM TO: Planning and Zoning Commission FROM: Errin Evans, Current Planner ~ THRU: Jennifer Phelan, Deputy Community Development Director DATE OF MEMO: April 7,2009 MEETING DATE: April 21,2009 RE: 102 Wood Duck Lane - Hallam Lake Bluff Review APPLICANT /OWNER: STAFF RECOMMENDATION: AML Investment II, Andrew Staff recommends that the Planning and Zoning Lessman, Partner Commission approve the Hallam Lake Bluff Review application with conditions. REPRESENTATIVE: Mitch Haas, Haas Land Planning SUMMARY: The Applicant previously received approval to build a LOCATION: single family dwelling on the site and would like to add Street Address - 102 Wood Duck a patio overlooking the Hallam Lake Bluff area. The Lane; Legal Description - Lots 1-8, applicant is requesting approval of a Hallam Lake Bluff Block 2, Aspen Company Review. Subdivision, City and Townsite of Aspen; Parcel Identification Number - 2735- i .& ,- 1-1.46.1565.34<9, :. 'Â· i ' 14.9%3 ! 44: 121-30-005 Â¢F hr, 1 111 13 CURRENT ZONING & USE Located in the Moderate Density ~ Residential (R-15) zone district containing a single family home under construction. 0 , 4 . 1 -,-,11 PROPOSED LAND USE: ~ ~ i,an&â€¢' : 1./.0-----# The Applicant is requesting to + . = f J./.0//7/'ll develop a patio with a sunken hot tub 4 .4, - and fire pit adjacent to the house under construction. Ill./.- Photo of the subject property Revised 4/14/2009 Page 1 of 7 - 4 , â€¢ ',-* t /# 14 ' &. I L.. I. =2/1.2"*i/ ke, -L, ~~~ l. 3 - -1- t.1...A P~4 '1 JIi. - P.': i .&.: >tir,1(9~~,irtuÂ·i~.14$121/~~FA, 1.t: Sm=,1 1- . 7 " 41.44 * \A aAFT*.1 .,.4 /4/ / 1 - .76,44 , - 2.-4 1 0 141 4 , f ' : ' ./717 Legend Su bje ct Parcel k N Roads City Boundary W-~Â»-E Waterwa ys Hallatii Lake Bluff E.,777 1 012.525 50 75 100 ReÂ·.ievt Area Feet ~ Figure 1. Vicinity Map BACKGROUND: The applicant has demolished a single family dwelling located at 102 Wood Duck Lane and is currently building a new one on the site. The property owner received approval to demolish the previous house under Hallam Lake Bluff review in 2006 via Resolution No. 36, Series of 2006 by the Planning and Zoning Commission because a portion of the original home was in the Hallam Lake Bluff review area. The new single family dwelling currently under construction did not require approval under review because it is located outside the Hallam Lake Bluff review area. The applicant would like to construct a patio on the site and a portion of the proposed patio is located in the review area. LAND USE REQUEST AND REVIEW PROCEDURES: The applicant is requesting the following land use approval from the Planning and Zoning Commission to construct a patio with a sunken spa and fire pit on the subject property: â€¢ Hallam Lake Bluff Review as pursuant to Section 26.435.060 of the Land Use Code. The applicant is requesting approval to construct a patio on the subject property adjacent to a single family dwelling that is currently under construction. A portion of the patio is Revised 4/14/2009 Page 2 of 7 located in the Hallam Lake Bluff review area as defined by the Land Use Code. The Hallam Lake Bluff Review shall be considered at a public hearing before the Planning and Zoning Commission who may approve, approve with conditions or deny the proposal. Please see Exhibit A for staff findings on review standards and criteria. SUMMARY OF PROJECT: The applicant proposes to construct a patio with a sunken hot tub and fire pit adjacent to a new single family dwelling currently under construction. A portion of the patio is located in the Hallam Lake Bluff review area as shown in Figure 1 above in the vicinity map. The review area is divided into sections, measured from the top of slope. The first section is defined by the top of slope. No development, aside from native vegetative plantings, is permitted below the top of slope. The second section is located within fifteen feet of the top of slope, where development is not permitted to be located above grade. Thirdly, between the fifteen and thirty feet from the top of slope, all development must be less than a height delineated by a line drawn at 45 degrees from the top of slope. In the first section, below the top of slope, the applicant only proposes to plant vegetation to meet the screening requirements below the top of slope. The applicant is required to screen at least fifty percent of the development as viewed from the rear slope of the property with native plantings. In the second section, more native vegetation is proposed to contribute to the screening requirements. The actual development of the patio is located back from the top of slope by 18.42 feet as shown below in Figure 2 past the 15 feet requirement to restrict development higher than natural grade. The patio also adheres to the progressive height requirements, measured at forty-five degrees from the top of slope. The applicant's proposal meets the review standards for the Hallam Lake Bluff review. 4 14- I 1 ./ :~- 9 k . W 2 =& 8 - \ -4 . 99 \ = 23 e a. 1 u. Un I b '6 rn L 1. GUARD RAn. FIHL -- r ARCHITECT 1 4. 3. F.- BEYOND PER-, ,' '.; ~ =Â· ~' ~ ~ , 1, FLACEr f h 'Vh I /2 K+.+Cy.... 6. 4,1 1 C. --=14-Â»nk.--1*-u--,;1- . ' 4- 1 +H- - 1= ,~i' t.'~L-,~~-fj~~.WER?4 -~~ - 1 --- / \I/ 1 To.i / ---4-6=-EXISTING-SIONL_- 60 - PROPOSED GRADE Fizi NORTH PATIO SECTION: PROPOSED k 4,1 SCALE: 1/8' - 1Â·-Oâ€¢ Figure 2: Proposed North Patio Section Revised 4/14/2009 Page 3 of 7 GO-IS :0 dat 26'-0Â· Staff Comments This application meets the requirements of the Land Use Code under Hallam Lake Bluff review. There are concerns from the Engineering and Parks Departments. The Engineering Department has requested that the applicant provide the limits of construction activity on site plans and provide a drainage report that includes the method and the location fbr draining the hot tub for building permit review. The applicant needs to amend the previously approved landscaping plan with the City Parks Department to accommodate the screening requirements as part of the Hallam Lake review. Also, a lighting plan was not submitted at this time; however any proposed lighting must be included for building permit review. This application meets the review standards under Section 26.435.060 as required. RECOMMENDED CONDITIONS TO APPROVAL: If the Planning and Zoning Commission decides to approve the application, it is recommended to do so with the following conditions: 1. Disturbance of the soil, grade, or native vegetation beyond the top of slope by construction activity will not be permitted. Limits of construction activity should be shown on plans submitted for building permit review. 2. A drainage report must be approved by the City Engineering Department for building permit review. The report must include the method for draining for the hot tub. 3. An amended landscaping plan must be submitted and approved by the City Parks Department. 4. A lighting plan was submitted and will be required for building permit review. RECOMMENDATION: Community Development Staff recommend that the Planning and Zoning Commission approve the Hallam Lake Bluff Review. PROPOSED MOTION: Community Development Staff recommends that if the Planning and Zoning Commission approves the Hallam Lake Bluff Review to use this motion. "I move to approve Resolution No. , Series of 2009, to approve, with conditions, the application for Hallam Lake Bluff Review at 102 Wood Duck Lane, also known as the northerly portion o f Lots 1,2,3,4,5,6,7 and 8 in Block 2 of the Aspen Company Subdivision, City and Townsite of Aspen." ATTACHMENTS: Exhibit A - Staff Findings Exhibit B - Application Revised 4/14/2009 Page 4 of 7 Exhibit A HALLAM LAKE BLUFF REVIEW The Aspen Land Use Code 26.435.060 (C); provides that all development in the Hallam Lake Bluff review area running 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 elevation contour line and extending one hundred feet, measured horizontally up the 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. C. Hallam Lake Bluff Review Standards. 1. No development, excavation or fill, other than native vegetation planting, shall take place below the top of slope. Staff Finding The applicant does not propose any development below the top of slope except native vegetation plantings to be approved by the City Parks Department. The City Engineering Department has requested that the applicant show the limits of activity when plans are submitted for building permit review to ensure that this requirement is met. Staff finds this criterion to be met. 2. All development within the fifteen foot setback 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 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 possible. c. Other parts of the structure or development on the site are located outside the top of slope setback line or height limit t the greatest extent possible. d. Landscape treatment is increased to screen the structure or development in the setback from all adjoining properties. Staff Findinst The proposed patio meets the setback requirements both vertically and horizontally. The closest development above grade is at least 19.83 feet from the top of slope. Staff finds 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 degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Revised 4/14/2009 Page 5 of 7 Development Director using the definition for height set forth at Section 26.104.100 and the method of calculating height set forth at Section 26.575.020. Staff Findinx Figure 1, noted below, shows the development in relation to the height restriction delineated by a line drawn at a 45 degree angle. The proposed development does not encroach into any prohibited areas limited by the Hallam Lake Bluffrevie-w. Sta#finds this criterion met. 41Â·'. 9.4 :T - k- \ 1 = 2 \ 2* O 0 1$ 2. 47 U: 14 I :2 .+46- F / 6 29 Â£64 00 U. 14 \ b 2 2 g : Jl . -7.'Â·: O 0 bib d 92 08:3 Kif. 08 mu r.: ~ GUARD RAIL ,; ,. BEYOND PER- / FIRE - r ARCHITECT , . 3Â· , ,: .- f:' ./ Lf 6-43- 1 i~i***08.0 <b, .2 . 'lit??i~,P ~/4\ 1 , Â·~.*..::iST* ,.-,iÂ·,.N : ~~i,+1.'Â·Â· -:2 ,-:Ir\,Fl y. ..C I Al r L U.k. - 1--- 1- 1- -- -4-K 27< :Â· (/7.Â·T- --A-m'UP. 4.497**,444â‚¬4:~44 . / \ i 4- ExmTâ„¢G g npe SO L- PROPOSED GRADE 7,10~ NORTH PATIO SECTION: PROPOSED ~ 4~| SCALE: 1/8' = 1'-04 Figure 1 - North patio section. 4. A landscape plan shall be submitted with all development applications. Such plan shall include native vegetation screening of no less than 50% 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 A landscape plan was previously submitted with the building permit for the single family dwelling. The proposed landscaping to screen the patio with native vegetation as required by the Hallam Lake Bluffrevie-w is slightly different than the approved plan for this site. The applicant is working to make amendments with the City Parks Department to meet their requirements and the requirements of the Hallam Lake Bluffreview. Stafffinds this criterion met. Revised 4/14/2009 Page 6 of 7 ?0 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. Staff Finding The applicant has not submitted a lighting plan with the application for Hallam Lake Bluff review, If the applicant decides to place lighting on the site, it will be reviewed during building permit review. Staff does not.find this criterion to be met. 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. Staff Finding The City Engineering Department has requested that the limits of activity be noted on plans and that a drainage plan for the hot tub is provided when the application is submitted for building permit review. Stafffinds this criterion met. 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 The applicant has provided site sections of the proposed development that show the patio and its features, the top of slope, the setback requirements and the elevations above sea level. Upon review, staff has found that the application meets the requirements for Hallam Lake Bluffreview. Stafffinds this criterion to be met. Revised 4/14/2009 Page 7 of 7 RESOLUTION NO. OUW, (SERIES OF 2009) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING THE HALLAM LAKE BLUFF REVIEW, FOR THE PROPERTY COMMONLY KNOWN AS 102 WOOD DUCK LANE, AND LEGALLY DESCRIBED AS PART OF LOTS 1-8, BLOCK 2, CITY AND TOWNSITE OF ASPEN, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-121-30-005 WHEREAS, the Community Development Department received an application from Mitch Haas, Haas Land Planning LLC on behalf of the owner, AML Investment II, requesting approval from the Planning and Zoning Commission for Hallam Lake Bluff Review for the construction of a patio with a sunken fire pit and hot tub located at 102 Wood Duck Lane; and WHEREAS, the Applicant's property is located in the Residential Moderate Density (R-6) Zone District in an Environmentally Sensitive Area as defined by the Land Use Code; and WHEREAS, the Community Development Department staff reviewed the application for compliance with the Hallam Lake Bluff Review standards; and WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing; and WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal does meet all applicable development standards; and WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal is consistent with the goals and objectives of the Aspen Area Community Plan; and WHEREAS, the Planning and Zoning Commission approves the Hallam Lake Bluff Review request, with conditions to construct a patio with a sunken hot tub and fire pit, by a vote of L_ - _D, and WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves the Hallam Lake Bluff Review with the following conditions: 1. Limits of construction activity shall be shown on plans submitted for building permit review to be approved by the City Engineer. 2. Describe how historic drainage patterns and rates will be maintained in the drainage report submitted for building permit review. Include the method of draining and location of discharge for the hot tub. The drainage plan must be approved by the City Engineer. 3. The approved tree permit must be amended to re fleet the screening requirements and approved by the City Parks Department. Section 2: The Applicant shall meet adopted building codes and requirements if and when a building permit is submitted. The building permit application shall include the following: a. A copy of the final P&Z Resolution. a. The conditions o f approval printed on the cover page of the building permit set. b. 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 construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. c. The patio meets the minimum top-of-slope requirement and the forty-five (45) degree progressive height limit as required by Hallam Lake Bluff Review standards. d. All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Proposed lighting was not shown on the submitted plans. Section 3: The Applicant' s design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering and Parks Departments. Section 4: 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, 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. Section 1: 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 6: 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 day of ,2009. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Jim True, Special Counsel LJ Erspamer, Chair ATTEST: Jackie Lothian, Deputy City Clerk Exhibit A Attached: Approved site plan 1 AML I Fwa#tpâ€žp~it II, LLC ( 10 2 W 00* DuÂ©le LaUD AN APPLICA TION FOR: Ha.Ua.* Lage Siu#*evE~W SUBMITTED 8y HAAS LAND PLANNING, LLC 201 N. MILL STREEr, SUITE 108 ASPEN, COLORADO 81611 (970) 925-7819 fow,(970) 925-7395 mhaa*@ sop rU< na- FEbruary, 2009 PID No. 2735-121-30-005 I. INTRODUCTION This application requests Hallam Lake Bluff Review for a patio and associated landscaping/ grading on the property located at 102 Wood Duck Lane. The applicant had requested and was granted Hallam Lake Bluff Review for the demolition of the previously existing home pursuant to Resolution No. 36 (Series 2006). As part of that Hallam Lake Bluff Review application the surveyed top-of- slope line was accepted and the associated thirty (30) foot setback line was formally established. The entire replacement residence that is being built will be beyond the thirty (30) foot setback line; however the proposed patio will be between fifteen (15) and thirty (30) feet from the designated top of slope. 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 Jennifer Phelan, Deputy Director, is attached as Exhibit 2. AML Investment II, LLC, A Nevada Limited Liability Company, (hereinafter "applicant"), is owner of the subject property (see Proof of Ownership, Exhibit 3). Authorization for Haas Land Planning, LLC and Rowland + Broughton 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. Finally, a copy of Resolution No.36 (Series of 2006) is attached as Exhibit 7. 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. All pertinent supporting documents relating to the project 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. Its Parcel Identification Number is 2735-121-30-005. 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. Â·1 . . -4\:Lul A.'1_a-Â· * :9 41 r. I Â¥ 1 - 1. rit . 1 - . 2- 1 . jâ€¢-taâ€¢. 102 Wood Duck Lan: Al Â· . ..... . :' i.--FA-1 /Mi â€žt , Â· , 1 FÂ». J :'.4, 17,-ir f t-71 -1 " 1-1 & .1 ./ . / 27374- ~ - .1 Il i.Â·f 7 . -Â· . 1,2 419Â»43* R. 4 - .4-4,Vig:*1844#C ' ~ 1-*4 2- . ~~*~2-./., y ~ tvlt ~,I~4'â‚¬'94â‚¬02,,6. 1 v h i~~'.ALLM+' PAÂ·Â»,~~ fÂ¥92721ft.<Â¥Â·fl = I i,#â„¢04>iÂ·*42 Several Pandia'masÂ·at 3941-143'2'.Nj/.1064'49'139.: W -,Â·â€¢-â€¢a>. 1'4Â·' '- / 317 *z.wÂ·- 1, ,- < . .--â€ž6 MI- / '..5...3 ~ iâ€¢Â«u.\ - -Aspen<l. -- **WKI - 9 44/.:deâ€¢.4.44 -tt'*t~â€¢â€¢uittildÂ¢ 7,4 - 3,/1,4 Pointe' 39'11'42.24- N 106Â·49Â·23.32:VV :Â¥ i Streat,~ing?:I HINH 100%cl,t,Ddi'Eyeba!!11â‚¬55_198v t 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 for purposes calculating allowable floor 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 previously existing home on the property has been demolished pursuant to the Hallam Lake Bluff Review approval granted with the P&Z adoption of Resolution No. 36 (Series 2006). There is already an approved building permit for a new single-family residence, which is set back more than thirty (30) feet from the designated top of slope and in conformance with the permitted use and dimensional requirements of the R-15 zone district. The 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 I ./ bA 4/ a // CÂ« 1 16.< O/4> 7 6-r-01/QU228 ~/7 1 '2 3 1 1 1 / 1 / EXISTING HOUSE ~ / 1 T ~ ---- 9%. -,91,5 Ufffl\09'Â»rÂ·+7 0 0 1 ' mB ~IESE~NG~.'-3 IiI-/f ..L.7 PBm - 4 ./ . a m n I ....... . .1- 2 J .. E. / 0 O 1. O 16 EXISTING Â·, ~ FENCE u- U} 0. 16 .0 1 1 NO. 0. :. Mb ho au- RE j t/gil- .. DECK 1 --1- ,---- . W. E . 1 V 16 \/ .P 4Â£4% p \ b 1 - 1\ - 2 W '24.,Z- t. - 41 ' 75 f I . ~4 rfff /* i - 15' FROM ----*--1" EvI51.F--#:45323 -' - -,1 i ... 21:=---"%6*4 - 1 Â· ---- - L____Â·c Â·Â·. 4~MFZX:92 ..: I N% . LAWN 22404444'â‚¬Â©r--9 Â·:Â·~44-44226'iÂ«Â«f&4 4~-27>..Â«Un1.65 1 0.10' ~1 T.O.S. j L101 , ...IPUY 2@EL -4 ~__EXISTING 101 SLOPE 2 - 2 Fal SECTION: EXISTING 4-23\ - k /1 SCALE: 1/8" = li â€¢33 - - EXISTING Â· 1 TREE . CL) FEE| EXISTING PLAN HOERMUNg- -- k 1 ~| SCALE: 1/8" = 1'-O" -0 114 2 0 . .1 13% 3* 9 0 d In R 69 -4-1 . p .:43/li -----44Â»2534 1 v/6... , ~7 :: 219 M b :--- 1 Â·49.9 1. 1431*1 . \ r : g 7./ 1 - -4 .- Uze . 1/259. 9/f> 75 I m 0 .0'' ' 46Â»77 6 . , i bi Â· ... ull "Bre Le ' - -- - - ~ ... 1 41 Â£ --0.1--211 4%~%21 I+ - , XI. - 1Â·, 5 '= EXISTING i Ill *44-- 70 7 ,' TREE -75 -- ' +â€¢ RFYOND M... 5 Â·Â·-.2/.19325$9 0%01 / FETA1Nllâ€¢Ig - -~ --7--~ .-2-'1-, *--itt~. ./,3-,-~.-8 paz - existing conditions f.2*0.-2 -3 '' I f-=A/4. - - iL _57- -,---4 / date I issue 70 Â· ~- EXISTING GRADE 01/26/2009 p&z submittal ~ ~ T.O.S. 01/16/2009 DRAFT /Â«5* Aa , BEYOND = - SLOPE =-- L.EXISTING - ~ -65 - I.I.. -. - . 1 ~ L_- EXISTING TREE Fal SECTION: EXISTING CO 1 4 1 A A SCALE: 1/8" = 1'-0' 2 7 - EXISTING GRADE ~ ~ MEETING HOUSE ~ EXISTING 15'FROM FRJI EAST ELEVATION: EXISTING 1 TOP OF SLOPE scale - EXISTING TOP =.1-- OF SLOPE 024 k 2/1 SCALE: 1/8" = 120" .... north PRELIMINARY NOT L100 FOR CONSTRUCTION Â© copÂ·mght bluegreen ad01 - Uae.,Oanlq 66,6 62,0Â£6 J I 66+Z 624 0Â£6 2 I T~~391~8~~oPwo~~,6'~ned,32Â°z 81!ns i jaaÂ£:s Bupds 41nos COE U 3d01S 00ID 0 'uadse i auel >pnp pooa ZOI 3d015 30 dal â€ž0-.2 -153 --4 ./ LEGEND 1111 1-01141 . - 1 5-ce. r admIRM - - .Ir 21 - .. ,4 . ... ,- * v M 2/ El STONE PAVER .[Ty...-1 LOW POINT OF SWALE - 3'44-: - NATIVE ~ROPOSED CONTOUR IrTS-790Â§.91 TOP OF STAIR ELEVATION 011 ''12 <iÂ· GRASS ~ Id- - ~-:Â· ' 1228 WALL HATCH --- ~ +IT- PROPOSED SPOT ELEVATION +rES-7939.9 BOTTOM OF STAIR ELEVATION . OIl PROPOSED ASPEN TREE .rIFF....... FINISH FLOOR ELEVATION " Â· EX. CONTOUR +Imann TOP OF WA-L ELEVATION - PROPOSED TRENCH Â£12% ' ..0 i v Â·Â· . %~-- ~-' ~ ' f~-Af PROPOSED EVERGREEN TREE +r'W-7Â¥0934 BOTTOM OF WALL DRAIN - a. rn 00 PROPOSED ORNAMENTAL SHRUBS 1 A# . Al- 00 PROPOSED NATIVE SHRUBS NOTES I 1 1 I 1 1 Â¢* E/ISTING DECIDUOUS 1. TREES TO BE PRESERVED TREE DRIP LINES TO BE TREATED - Â· /.7,1 lit- ~â€¢ef TRET TO PRESERVE AND PROTECTED PER ASPEN CITY CODE 13.20.020 (b)(2)(3) 1 r ..0 EXISTING EVERGREEN 2. ALL TREES AND SHRUBS PLANTED IN THE 15' SET BACK FROM 9 TREE TO VESERVE TOP OF SLOPE SHALL BE HAND PLACED AND IN ACCORDANCE m ~ . - WITH THE APPROPRIATE HA..LAM LAKE BLUFF REVIEW E- i i STANDARDS. 3. ALL DISTURBED AREAS M/ITHIN THE 15' SET BACK FROM TOP .1 4 OF SLOPE SHALL BE RESTORED TO THE ORIGINAL GRADES AND MULCHING IS IN PLACE. EROSION CONTROLLED UNT,L ADEQUATE VEGETATION AND OR __1 rA,IC - i *rv#ELE-- 4-43.9Â® - 2 1 &53 EXISTING FENCE EXISTING FENCE ~ ~ ~ , +12424748 ADI-*04 - gÂ«-~ E IMPROVEMENTS CONCRETE WALK Â¥1 1 PER CITY CODE IMPROVEMENTS ~ - - * 51 27.- 4 14_./'60.-_---,11 h / - WITH TRENCH PER CnY CODE , T. 3-ve k / 73.-2=0*did-L.- -M#-- 7 / NAT1'kE \~ GRA:;S ~ 'f- ~~~h---_ 15' FROM /1 2 /U/\ - TOP OF SLOPE . , \ \ r'n / F' 1-1 Â» 47-9// / LAWN - Â». h . Â£489#4 . Al 1' , , '0zl. \% , I o + , Â· 7 - W . ./ - I I . . 0 I Lloo ' //-~ ~LIOP.~SECE- - 11Â« 1 -'..2< 1- , .. O -7 6 0 0 2 L100 20 b ' .. \ it 2 E w 0 - FÂ»-1 / \ .; 0 811- ./ 2 N MO -0 -- 1 te_ 1 4 â€¢ 5 / GUARD RAIL \ 1 in 0 -4- ' FIPE Q. - BEYOND PE \1 NATIVE - ARCHITECT GRASS -12<131-~ 7 -- - - 1 1 ' ~Â· e PLACEÂ·2 f' \ --= 1 P r-- 4/,.. l7 4 / lEi - 441 ~ A 4 li W 1 1*ort ~ Â· . ~ 75 I . . 2 1 1.1 r LE=531,- 1 -~~ JI \ .. I. r. i PROPERT'rliNE -- -1-70 ~io~ PROPOSED PLAN . ..1- 1: 1:. . 7 . 1 ' 65 1 SCALE: 1/8" = 1'-0" +14 1 - 5 JAU- 7,D/,44..2\\ 7-43.12 T.e S. G0 . 12'- + ......~.-.. ... . ....,-_-... . - ___-~ - 4---EXISTING SLOPE ... Â· L- PROPOSED GRADE ~GR~ NORTH PATIO SECTION: PROPOSED 1 4 1 A A SCALE: 1/8" = 1'-0" 0 Â»24Â»G 0. I ,/ ... . -c r-cs- 'L--7Â·94#9.~Â·S,-2 1346'.rhYLHWAME# Â·., -Â· .5(Â·Â·. 45#4344~8464,Â·- L O 2.7 0.75- gyÂ»Oft T. f Â·Â· . '' . 4 .. 5 95 - goj th/VÂ«)413'\~ -- ' 70 ' 41. ' 0 IC- 1 . . 1 UJ .a Â£ a 65 -- - .... k -t - - i ./ 1 -0 T \\ 0. RE -0 . 110 60 60 4 2...1. Â· 4 4 N ~\~32 PROPOSED GRADE \-- NATIVE TREES ---- \ EXISTING 15Â· FROM AND SHRUBS -Â· 1'1 V,* GUARD RAIL U TOP OF SLOPE TYP. BELOW TOP p&z - proposed conditions [C~ EAST ELEVATION: PROPOSED EXISTING TOP OF SLOPE " ' I ' ARCHITECT OF SLOPE 01/16/2009 DRAFT 1 2 1 ~ _ ~ ~~~~ date 1 Issue BEYOND PERâ€ž, 01/26/2009 p&= submittal icensure *k ---9tl -21-e- 2 .1 11-1 1.1. 1 75 4 92 -U -2 111 ==Ii:\ *10,2 : ----~, 1--~---Â·77--id:=*42 404-Â·.1-70 ~11 \ - - 9- : 227 Â· =::%731 -:*8~ 4 - 1 -" -Â°--150%;5% 65.70' 4 '9Â·'LÂ· \40</7-20 OF 00\-\) Pt )/ ~1 - -1 T.O 5. L /1. D ~ L EXISTING SLOPE ~ ~ scale - PROPOSED GRADE 024 :13*r i. 6-1,3 , NO+H-qfmWI,%%11. -L 70 - --Â·---- t==7 1--9*-FL~WIN----M 4.,Â»swÂ»04,59- 70 11*ITH PAÂ·1~11~ I north 1 camÂ«, -7 --1443%* Fal SOUTH PATIO SECTION: PROPOSED HUU#Ufft'"Nr.. k 5 ~| SCALE: 1/8" = 1'-O" 65 - ---- -- - -- - -- - 1 Â· 65 PRELIMINARY NOT FNal PATIO SECTION: PROPOSED L101 FOR CONSTRUCTION k 91 SCALE: 1/8Â· = 1'-0Â· - Uaa.150111q 66+66Z, OÂ£61 1 66DZ 62, OL6 1 I I/9/8 OPeJOIOJ 'uadse 1 zoz Wins i @amis jupds 41'05 OOE auel >lonp ulooÂ·uadseuaaJ62.Iq'MMM 801 WOM ~ d2LWO/28~ 3601 ad019 30 dol ope,0100 'uadn I auel MOnp pOOM ZOI 3d01S 3dOlS :IO adOlS WO~ 'Zt'SI LEGEND PROPOSED 12' ( PP ) PROPOSED TREES TO EVERGREEN SHRUBS ~--L./ BE LOCATED ONSITE ~ STONE PAVER | ~ CONCRETE -PRESERVE VIEWS - TO FRAME AND FROM 2ND FLOOR 2,5' ~ PteL j PROTECT VIEWS ~~ &55521 WALL HATCH -- EXISTING MAINTAINED LAWN AREA = 12,950 SF 74 PROPERTY LINE , , / \17 1 -2 PROPOSED MAINTAINED LAWN AREA = 4168 SF ~ PROPOSED ASPEN TREE 719/93 9/t- 14 -1 79- 7/ ----SÂ· 34-=42-Â· 23-7 , . ; ' PROPOSED NATIVE GRASS AREA /<LIN-GRON Â» r 2. ,4 :; i , -t , 4/<th(f Â·I) x Â·/1,// .< Â·.4 , I . PROPOSED EVERGREEN TREE lf#*7~3 LOW / MODERATE WATER-USING PERENNIALS ' /9 110 /48\ ~>CD PROPOSED ORNAMENTAL SHRUBS **=22 ~ NOTES * 0Â®(D PROPOSED NATIVE SHRUBS 1. TREES TO BE PRESERVED: TREE DRIP LINES TO BE TREATED AND PROTECTED PER ASPEN j I ' j ' ' 1 - 97 >71 imi e =W==us 2, AU TREES AND SHRUBS PLANTED IN THE 15' SET BACK FROM TOP OF SLOPE SHALL BE SHRUBS TYP, CITY CODE 13.20.020 (b)(2)(3) /'&-5008 * ~XRIE~P~RE~~EN HAND PLACED AND IN ACCORDANCE WITH THE APPROPRIATE HALLAM LAKE BLUFF REVIEW . ~ . i ,-*< 1 STANDARDS. ALL VEGETATIVE SCREENING SHALL BE MAINTAINED IN PERPETUITY AND SHALL -2 BE REPLACED WITH THE SAME OR COMPARABLE MATERIAL SHOULD IT DIE. 3. DISTURBED AREAS WITHIN THE 15' SET BACK FROM TOP OF SLOPE SHALL BE RESTORED TO q PROPOSED LOW k ' . -NATIVE SHRUBS THE ORIGINAL GRADES / HISTORIC DRAINAGE PATTERNS AND EROSION CONTROLLED UNTIL , 1 (29 Â·Ry ADEQUATE VEGETATION AND OR MULCHING IS IN PLACE. -/ I TYP. 4. RE-VEGETATE DISTURBED AREAS WITH PITKIN COUNTY NATIVE MIX FROM RIVENDELL SOD . 4 3 8&8 fla tlilimillifilifi.-:dI+ST#, **/ FARM (970) 945-2568 APPUCATION RATE = 1#/1000SF. , .p:/ .\ //, 4/non A \Â·- 5. NO FILL MATERIAL OR DEBRIS SHALL BE PLACED ON THE FACE OF SLOPE. THE SPA SHALL NOT BE DRAINED DOWN THE SLOPE. 6, EXTERIOR LIGHTING SHALL BE LOW AND DOWNCAST WITH NOT LIGHT DIRECTED TOWARD ' . 0, \hl .'. THE NATURE PRESERVE OR LOCATED DOWN THE SLOPE AND SHALL BE IN COMPUANCE WITH EXISTING TREES ~ n'L ~4~ SECTION 26.575.150 OF THE CODE. 1 -~ ~.58 o.' .9 1)rip Line Protection as defined in City Code 13.20.020 (b)(2)63) j :Â· 3 , :2% -31 .'em. 1- . 1~ ; ' NATIVE ~RASSES - Â· Â·LAWNI & WILDFLOWERS .- â€¢822'5'Ge..hY=e'.St _1 .ree E L- 1 -4/// AT#*** HALLAM LAKE 0 - '\ t . .. b \ 61 g ~filt;>' 1% Â·r--1ZZÂ·Â· . D~41/ D ..TRENCH D=''IN 1*ki --,4,7.33\'' 4' 8&5 < Aa j -/4, ELOW A C.. p~oÂ·~cr,2*4 ~Â·EhÂ·C~* Tg C. : Z 'fi .\ji /-13 / F'Re...........El . lic \2-/ U .FEE ..19 1.9 ~H~T(~0") +~ ~ * ~ Â£ i v ' Â· - ''~ PROPOSED ... % .1 *i MEDIUM NATIVE , ' , SHRUBS . 4 1 I PROPOSED j A t A...5'NAL- r,20..... 0 , Â· ORNAMENTAL 70,9 OZY REa,r,tgpz ,E>6-2 , Â· GRASSES & I .C~ES......' 4 PERENNIALS - ~ GUARD RAIL PER S LU . 0 ~'* 0 ARCHITECT Hip I /1 TFEE 10Â©TECTION PENS#* ; 1 9 41.-:'.74 , , 2.5' Cl PtCL 3 ,<:p---9\ : + Â·Â·- ' 6 1,F i . // I -F TR S 41 *-~i. ..I .3.-1231.3-4 . b Wood Duck Lane Residence Planting Schedule (30' FIUM TOP OF SLOPE EAST) updaa:,5 01-25-20og SÂ¥mb. Scint#k:Abme Common *me . Ske Qty. S*lacing '*. ' ~ SIDE YARD - ' I. //C' 110- / ,)1 PROPOSED Native Deciduous Trees -.U--'--5---ASPEN. LOCATE PTC] Avuus tremubdes (ch,mp) Quaking Aspen + Clurrp __ 3-2.5- Cl 5 perplall_ '-/(4 15 1 1 Â·Â· f ONSTTE To Native Coniferous Trees 1 , , d FRAME AND 4 kea pungens Colorado Spruce (green) 12' 1 < PROTECT VIEWS .1 ~3351Â¢t,-3. r.x .-b '7/,4. \ . 1.ir'k - \2 Large BAB Native Shrubs 1, 0~ . ' Ll. 7. * L ~rfr ,~,>~~~fr~~ Planting plan .... AaR Amelanchier alrifolia Serviceberry 3' b&,b 2 per plan 411 date I issue AaR Amelanchler alnifole Serviceberry 4' bab 3 per plan ; 10/06/2008 50Â°k dd 5 NÂ»St= )) . 10/31/2008 permit c.0. Medium to Small Native Shrubs Cercocarpus montants Mountain Mahogany 1 #7 5 per plan 11/06/2008 100% dd Cercocarpt.5 montanus Mountain Mahogany #5 3 per plan 01/14/2009 DRAFT revision 01/26/2009 paz submittal WI iN j,Â¥,0, I Rhus tritbata Threeleaf Surrac #5 9 perplan Rosa woods ji Woods Rose #7 10 per plan | u __ Symphoricarpos occidentans _ Snowbeny _ - ___ ..-1 #5 11 per plan. MEDIUM NATIVE 38 ~ _ ~~,49110'n\2 1 SHRUS Native Grass i Pftlon County Mix from RNendell Sod Co. 970-045-2568 appkat/on rate: 1 #/1000sf . ' Â· -EXISTING TREES scale 048 U north PRELIMINARY NOT L103 FOR CONSTRUCTION Â© copyright bluegreen Uaa.15@nlq 66,6 62, OÂ£6 J I 66,L 62+ OÂ£6 1 I TI9I8 .pe,0100 'uadse I zoz Â®nS I lawls buuds winos 00Â£ auel >lonp pooM ~ IMM 3NI1 Alk13dOkld op.010' 'uidse i euei Monp pooM ZOI -ti III. PROPOSED DEVELOPMENT The applicant proposes to build a patio with a sunken hot tub and sunken fire pit. These improvements will be located between the previously established fifteen (15) and thirty (30) foot setbacks from the top of the Hallam Lake Bluff slope. The home that previously existed on the property has been demolished pursuant to Resolution No. 36 (Series 2006), which granted Hallam Lake Bluff Review for the demolition. There is already an approved building permit for the new residence. Since the entire replacement residence sits beyond the thirty (30) foot setback from the top of slope it is not subject to Hallam Lake Bluff Review. The applicant is seeking Hallam Lake Bluff Review only for the patio that lies within thirty (30) feet of the top of slope. One side of the patio will be at grade while, due to topography, the other side will require a retaining wall. No part of the development will even come close to reaching, let alone piercing, the progressive height limit established in the Hallam Lake Bluff Review standards. Development in the Hallam Lake Bluff area is subject to heightened review in order to review 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 house that previously existed on the property was much closer to the top of slope and encroached into the fifteen foot setback. Most property owners who go through Hallam Lake Bluff Review or Stream Margin Review build right at fifteen (15) feet from the top of slope and use the progressive height limit as their guideline. The home that will be built on the property is beyond the thirty (30) foot setback from the top of slope and does not come close to exceeding the progressive height limit. The applicant is simply requesting that the patio be permitted to be built between the fifteen (15) and thirty (30) foot setbacks. There will be virtually no visual impacts on the nature preserve, no slope erosion, and no impact on the views to or from the nature preserve. The aesthetic and historical integrity of Hallam Lake will not be compromised by this development. 102 Wood Duck Lane Hallam Lake Bluff Review Page 3 IV. REVIEW REQUIREMENTS Pursuant to Section 26.435.010(D) of the Code, 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 is located within the Hallam Lake Bluff area of influence. A portion of the proposed patio will be located between fifteen (15) and thirty (30) feet from the top of slope, making this development subject to Hallam Lake Bluff Review. Section 26.435.060(C) of the Code explains that no development is permitted within the Hallam Lake Bluff area 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, excavation or fill, other than native vegetation planting, shall take place beloil) the top of slope. No development whatsoever is proposed on the portion of the property located below the top of slope. 2. All development within the fifteengbot setback from the top of slope shall be at grade. Any proposed development not at grade Tilithin the fifteen-joot setback shall not be approved unless the Planning and Zoning Commission determines that the fbllowing 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 from all adjoining properties, No development will take place within the fifteen-foot setback from the top of slope. Subgrade replacement of an existing drywell (utility) in this area has already been approved as an exemption from HLB review. 102 Wood Duck Lane Hallam Lake Bluff Review Page 4 3. All development outside the fijteen-jbot setback ftom top ofslope shall not exceed a height delineated by a line drazon at a forty-five (45) degree angle from ground level at the top-of-slope. Height shall be measured and determined by the Community Development Director using the dejinition for height set fbrth at Section 26.04.100 and the method Of calculating height set fbrth at 5ection 26.575.020. Please refer to the provided plans and section drawings. As demonstrated on said plans and sections, no development will break the progressive height limit established in this standard. The only proposed development that is within the thirty (30) foot setback consists of a patio with sunken hot tub and fire pit. 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 uiemed 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. Please see the attached landscape plan, stamped and signed by Sheri Sanzone, licensed landscape architect. No existing vegetation on the slope will be disturbed; as such, the existing level of screening from below will be maintained and preserved. The patio design and location inherently provide for "screening" in as much as it will not be visible from the Hallam Lake Bluff/ ACES Preserve area. 5. All exterior lighting shall be lou, 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. 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. Nojill 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. No fill materials or debris will be placed on the face of the slope. Historic drainage patterns and rates will be maintained. The hot tub will be installed in such a manner as to ensure drainage down the slope will not occur. 102 Wood Duck Lane Hallam Lake Bluff Review Page 5 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. Please see the attached drawings, which were prepared by Sheri Sanzone. a licensed landscape 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. Pursuant to Section 26.435.060(B) of the Code, the new residence that is being constructed is exempt from HLB Review since the entire structure is setback at least 30 feet from the top of slope and does not pierce the progressive height limit. 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. 102 Wood Duck Lane Hallam Lake Bluff Review Page 6 --r ~* 5*y 4 20Â¥- 1.3,7Â£/- LAND USE APPLICATION APPLICANT: Name: AML Investment II, LLC, Andrew Lessman, Partner 102 Wood Duck Lane (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 Address: 201 N. Mill St., Suite 108, Aspen 81611 Phone #: (970) 925-7819 PROJECT: Name: 102 Wood Duck Lane Hallam Lake BluffReview and Exemption Address: 102 Wood Duck Lane Phone #: (970) 925-7819 TYPE OF APPLICATION: (please check all that apply): Â£ Conditional Use Â£ Conceptual PUD U Conceptual Historic Devt. Â£ Special Review ~ Final PUD (& PUD Amendment) ~1 Final Historic Development U Design Review Appeal U Conceptual SPA U Minor Historic Devt. U GMQS Allotment ~ Final SPA (& SPA Amendment) D Historic Demolition U GMQS Exemption U Subdivision El Historic Designation X ESA - 8040 Greenline, Stream D Subdivision Exemption (includes ~ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split I~ Temporary Use 0 Other: i Lot Line Adjustment U Text/Map Amendment EXISTING CONDITIONS: (description ofexisting buildings, uses, previous approvals, etc.) Previously existing home has been demolished pursuant to P&Z Resolution No.36 (Series 2006). PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) Proposed patio to be built between fifteen (15) and thirty (30) feet from the previously designated top of slope. The entire residence that is being built is beyond the thirty (30) foot setback and not subject to HLBR. Have you attached the following? FEES DUE: $1,894 X Pre-Application Conference Summary X Attachment #1, Signed Fee Agreement X Response to Attachment #3, Dimensional Requirements Form X Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards mm 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 o f Lot Area in the Municipal Code.) Commercial net leasable: Existing: rda Proposed: nia Number of residential units: Existing: n/a Proposed: nla Number ofbedrooms: Existing: n/a Proposed: n/a Proposed % of demolition (Historic properties only): n/a DIMENSIONS: Floor Area: Existing: n/a Allowable: rda Proposed: nia Principal bldg. height: Existing: rda Allowable: 25' Proposed: nia Access. bldg. height: Existing: nia Allowable: 25' Proposed: n/a On-Site parking: Existing: n/a Required: nia Proposed,: nia % Site coverage: Existing: n/a Required: nia Proposed: r\la % Open Space: Existing: n/a Required: nia Proposed: rda Front Setback: Existing: iVa Required: 25' Proposed: 215' Rear Setback: Existing: iVa Required:, 15 by HI=B Proposed: >15' Combined F/R: Existing: n/a Required: 35' -40' Proposed: 240' North Side Setback: Existing: n/a Required: 10' Proposed: 210, South Side Setback: Existing: iVa Required: 10' Proposed: 210' Combined Sides: Existing: n/a Required: 20' Proposed: 2.20' Existing non-conformities or encroachments: None (see Improvement Survey)- Variations requested: ___None rÂ«n'*-*,lk.420.-~ 5.P .12/2/.R'-r&0684~I/;Â£"<IE'im Wit-41*39â‚¬047.: , Â¤9*9=797791Â·ir#-4- d 6=23=2363?4320%930'IÂ»ki CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY ~ PLANNER: Jennifer Phelan, 429-2759 DATE: 1.14.2009 PROJECT: 102 Wood Duck Lane REPRESENTATIVE: Mitch Haas, Haas Land Planning DESCRIPTION: The current property is located in the Hallam Lake Bluff; however, the current house under construction is exempt from the review as it is located thirty feet or further from the top of slope. The applicant would like to build a deck and appurtenant structure less than thirty feet from the top of slope requiring the Hallam Lake Bluff review before the Planning and Zoning Commission. The review before the Commission is during a public hearing. Relevant Land Use Code Section(s): 26.304 Common development Review Procedures 26.435.060 Hallam Lake Bluff Review Review by: P&Z approvals require a deposit of $1,470.00 for 6 hours of time. Additional time is billed at a rate of $245 per hour. Minor Referrals from Parks and Engineering are also required; these are each billed at $212.00. Referral Agencies: Parks and Engineering. Planning Fees: Administrative. $1,470.00 Referral Agency Fees: Parks. $212.00; Engineering. $212.00 Total Deposit: $1,894.00 To apply, submit the following information: O Proof of ownership with payment. O Signed fee agreement. O Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. O Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. O Total deposit for review of the application. 0 12-Copies of the complete application packet and maps. O An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. Il Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) O A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. List of adjacent property owners within 300' for public hearing O Copies of prior approvals. O Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. O Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. ?*4:11-w /-~. QV-'-RLS POLICY OF TITLE INSURAN< %9 8.Â·. * 7 0...4:,% *.1-0-1..:4-144Â· /; B..7. -43*.~2/.i,t.5,4: ~~ */Â·*33â‚¬34--3? 4hke:Â·4Â»1;Â·i.-1 -1- 1. con k.113'Â·fÂ·t.5.- 9Â·"ft #:ig>t? ~3-: 42 24-5 /*25-= /-/0 ~;Â·Â·1,Â·Â·UXÂ«tÂ·f:'Â·Â· plu: 2-13.-Â·24â€¢ 4Â·, 4â‚¬861.-thÂ».*/prk-, : issued by 4~ye rs Title insurance Corporation EÂ·'irtki,-er-36.31J-itÂ·.235Â©32,; POLICY NUMBER W.222.- =12*;90-39#kic ;421:Nel IXI LandAmerica Laers Rb *,surance Co,poratbo * a memberofme A75-Z041061 I Lawyers Title LandAmefica f,714 oftÂ¥10 knsurance underwrters. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPnONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STPULATIONS; LAWYERS TITLE INSURANCE CORPORAPON, a Virginia corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance *tated in Schedule A. sustained or incurred by the Insured by reason of 1. Title to the estate or interest descrted in Schedule A being vested other than as stated therein; 2. Any Wed in or len or encumbrance on the tile: 3. Unmarketability of the tltle; 4. Lack of a Aght of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title. as insured, but only to the extent provided in the Conditions ancd Stipulattons. IN WITNESS WHEREOF, LAWYERS TrTLE INSURANCE CORPORAnON has caused its corporate name and seal to be hereunto affixed by itâ€¢ duly authocized officers, the Poicy {o become valid when countersigned by an authorized offter or agent of the Company. LAWYERS TITLE INSURANCE CORPORATION Attest: 4 4~ By: (ftsâ‚¬*011 $-6-- 4 65<-064 Z Secretary \Acr>/9 President \3=5/ EXCLUSIONS FROM COVERAGE The folowing matters are expressly excluded from the coverage of this poic)-and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of. 1. (a) Any law, ordinance or governmental regulation Onduding but not knited to building and zoning laws, ordinances, or regulatlons) restricting, regulating, prohibting or relating to 0 the occupancy, use, or enjoyment of the land: 04 the character, dimensions or location of any Improvement now of hereafter erected on the land; (iii) a separation in ownership or a change In the dimensions or area of the land or any parcel of which the land li or was a part; or Ov) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, Neo or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any govemmental police power not exclujed by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect lien or encumbrance resulting from a viotation or alleged violation affecting the land has been recorded In the public records af Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy. but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, lions, encumbrances, advene daims or other matters: (a) created, suffered, assumed or agreed to by the insured dairnant (b) not known to the Company, not recorded In the put>Nc records at Date of Policy, but known to the Insured datnant and not disclosed In writing to the Company by the Insured dainant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured daimant: (d) attaching or created subsequent to Date of Policy, or Ce) resulting in loss or damage which would not have been sustained If the insured daimant had paid value for the estate or interest insured by this potky 4. Any dairn, which arises out d the transaction vesting In the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or simitar creditors' rights laws, that Is based on: (a) the transaction creating the estate or Interest Insured by this polky being deemed a fraudulent conveyance or fraudulent transfer, or (b) the transaction creating the ostate or Interest Insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (D to timely record the Instrument of transfer, or (il) of such recordation to knpart notice to a purchaser for value or a judgment or lien creditor. NM 1 PA 10 ALTA Owners Policy (10/17/92) Valid Only If Schedules A and B are Attached Form 1190-74Z ORIGINAL EDULE A-OWNER'S POLICY /CASE NUMBER ,/61TE OF POLICY dMOUNT OF INSURANCE POLICY NUMBER PCT20297L March 3,2006 @ 2:37 AM $6,500,000.00 A75-Z041061 ,/CNAME OF INSURED: - AML INVESTMENT 11, LLC, A NEVADA LIMITED LIABILITY COMPANY tj,; THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POUCY IS: IN FEE SIMPLE .,SFTHE 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 Pin<IN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: 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 Coldrado, 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 Quaner comer of said 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 86Â°18'47* W 6.36 feet #tence S 00'43'03" E 5.91 feet thence S 8973'36" W 14.83 feet â€¢t thence N 89Â°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 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, consisting of the Easterly portion of the 30-foot wide road in 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 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: Kwf Authorized officer or agent PITKIN COUNTY TITLE, INC 601 E HOPKINS AVE. ASPEN, COLORADO 81611 070 925-1766/ (970)-925-6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. ....t-fi:IIHIIIIIIIIIIIIIIIIIIII January 21, 2009 14.Ktft#sellilillillillilligililill Aspen Community Development Department 130 South Galena Street Aspen, CO 81611-1975 Re: 102 Wood Duck Lane Hallam Lake Bluff Review and Exemption Applications To whom it may concern: I hereby authorize Haas Land Planning, LLC (HLP), and Rowland + Broughton Architects (R+B) to act as my designated and authorized representatives with respect to the land use application(s) being submitted to your office for the property located at 102 Wood Duck Lane (Parcel ID No. 2735-121-30-005). HLP and R+B are authorized to submit an application for Hallam Lake Bluff Review and Hallam Lake Bluff Exemption, and any other incidental reviews. HLP and R+B 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, Andrew Lessman, Partner AML Investment It LLC a Nevada Limited Liability Company 0"Fâ€ž=aâ„¢/.0=mi .eft. Alr. ASPEN CENTER FOR ENVIRONMENTAL BART QUAL PER RES TRST STUDIES 909 POYDRAS ST 20TH FL 100 PUPPY SMITH ST NEW ORLEANS, LA 70112 ASPEN, CO 81611 BERGER BRUCE ASPEN 805 LLC DOBBS JOHN C SR & SARA F 600 EAST HOPKINS - #202 44 COOK ST #200 PO BOX 241750 ASPEN, CO 81611 DENVER, CO 80206 MEMPHIS, TN 38124-1750 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 FARISH ANNE F HERNANDEZ CECIL M & NOELLE C C/O KOCH FAMILY MGMT 2200 WILLOWICK #16E PO BOX 1045 4111 E 37TH ST N 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 817 N ROXBURY DR ASPEN, CO 81611 SNOWMASS VILLAGE, CO 81615 BEVERLY HILLS, CA 90210 MARCUS STEPHEN J MUSIC ASSOCIATES OF ASPEN INC ARESTY WENDY PO BOX 1709 2 MUSIC SCHOOL RD 330 GILLESPIE ST ASPEN, CO 81612 ASPEN, CO 81611-8500 ASPEN, CO 81611 RAPPAPORT KURT & JULIETTE SANT ASPEN RESIDENCE TRUST WALNUT CREEK RANCH LLC TRUSTEES 50% C/O LEO & MARALYNN SANT 4520 MAIN ST STE 1060 9034 BURROUGHS RD 815 ROARING FORK RD KANSAS CITY, MO 64111-1816 LOS ANGELES, CA 90046-1405???? ASPEN, CO 81611 WOOD DUCK REALTY CORP ZILKHA SELIM K TRUST C/O LUCY ALMODOVAR WURTELE CHRISTOPHER C TRUST 750 LAUSANNE RD 645 FIFTH AVE 8TH FLOOR 895 ROARING FORK RD LOS ANGELES, CA 90077 NEW YORK, NY 10022 ASPEN, CO 81611 BELL 26 LLC PO BOX 1860 BENTONVILLE, AR 72712 2.:*2*64"WAW,/,; 42.-73= 441 L PIll-Y 13 J. '.4. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aereement for Pavment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and AML Investment II, LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Hallam Lake Bluff Review (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 o f the parties that APPLICANT make payment o f 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 $ 1894.00* 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 $245.00 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. A CITY OF ASPEN Vppitg,fr nk J i A A A 01 C yal \L WKI Y 1\/\Alit\\ By: #>Â·u~ FJL-4,3JiALL..AA..Â»j\J Chris Bendon Community Development Director Date: 1/22/2009 Billing Address and Telephone Number: Required 430 Parkson Road Henderson, NV 89011 g:\support\forms\agrpayas.doc Phone 702-567=3922 $1470.00 for 6hrs. Planning Staff time; $212 for Parks Dept. referral fee; and, $212 for Engineering Dept. referral 7'L mlgAN ~ f 3-f&12221Ub, 1 Illill Ililillitic '11 ilill -11 lillillill Ililli; l illi 12/28/2006 03:11 I 0 532766 1 Page: 1 of 3 JANICE K VOS CAUD LL P.-KIN COUN-Y CO R 16.00 0 0.00 Resolution No. 36 (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 0 f 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 I.,ake 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 t6 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 four to zero (4-0) 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 No. 36, Series of 2006, 102 Wood Duck Lane Page 1 lilliti liuillinilillillillillillillittillitil lill'llit 12/28/2006 03:11 532766 Page: 2 of 3 JANICE K VOS CAUDILL PITKIN COUNTY CO R 16.00 D 0.00 demolition of a house, portions of which are within the 30 foot setback from the Top of Bank ofHallam 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 ofthe building permit set. 4. A landscaping/grading/revegetation plan that meets with the written approval of the Parks Department that fulfills the goals ofthe 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. 36, Series of 2006,102 Wood Duck Lane Page 2 F 111111111111111111111111'll mill 11111111111 lilli jil lill 12/28/2006 03:11 532766 Page: 3 of 3 JANICE K VOS CAUDILL PITKIN COUNTY CO R 16.00 D 0.00 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, 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 ofthe remaining portions thereof Section 9: That the City Clerk is directed to record a copy of this R-esolution in the office of the Pitkin County Clerk and Recorder. APPROVED by the Commission at its regular meeting on December 19,2006. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: _#EÂ»4Â»- David Hoefer, Asst. Cit}UUtomey Ruth Kruger, Chair / ATTEST: /ZEEFLothian, Deputy City Clerk V Planning and Zoning Commission Resolution No, 36, Series of 2006, 102 Wood Duck Lane Page 3 1, eÂ«SEArr"7~37%%Â·r==?w:v=p,c~i:~. , 44*424.<'..1.F &9*44*IT.,7 r Ma :fle:i~.FLâ‚¬79..*926?ii.'fid --..>Â·Â·4*4X.U.jk.~Â£8Â·6410:d~GE.E224.10114 9 LAND USE APPLICATION APPLICANT: Name: AML Investment ]I, LLC, Andrew Lessman, Partner 102 Wood Duck Lane (Lots 1-Et 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 Iand Planning, LLC Address: 201 N. Mill St., Suite 108, Aspen 81611 Phone #: (970) 925-7819 PROJECT: Name: 102 Wood Duck Lane Hallam Lake BluffReview and Exemption Address: 102 Wood Duck Lane Phone #: (970) 925-7819 TYPE OF APPLICATION: (please check all that apply): Conditional Use U Conceptual PUD ~ Conceptual Historic Devt. Special Review Â£ Final PUD (& PUD Amendment) Â¤ Final Historic Development Design Review Appeal U Conceptual SPA U Minor Historic Devt. GMQS Allotment ~ Final SPA (& sPA Amendment) ~ Historic Demolition GMQS Exemption U Subdivision Â£ Historic Designation ESA - 8040 Greenline, Stream Â£ Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff. condominiumization) Expansion Mountain View Plane J Lot Split O Temporary Use El Other: ~1 Lot Line Adjustment El Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Previously existing home has been demolished pursuant to P&Z Resolution No.36 (Series 2006). PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) Proposed patio to be built between fifteen (15) and thirty (30) feet from the previously designated top of slope. The entire residence that is being built is beyond the thirty (30) foot setback and not subject to HLBR. Have you.attached the following? FEES DUE: $1,894 X Pre-Application Conference Summary X Attachment #1, Signed Fee Agreement X Response to Attachment #3, Dimensional Requirements Form X Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards V AU0000 Date: March 2009 Project: 102 Wood Duck Lane Hallam Lake Bluff Review City of Aspen Engineering Department DRC Comments 26.435.060(C) Hallam Lake Bluff Review Standards 1. No development, excavation or fill, otherthan native vegetation planting shall take place below the top of slope. â€¢ Disturbance of soil, grade, or native vegetation beyond the top of slope by construction activity will not be permitted. Limits of construction activity should be shown on plans submitted for building permit review. 2. Historic drainage patterns and rates must be maintained. Pools or hot tubs cannot be drained down the slope. â€¢ Please describe how historic drainage patterns and rates will be maintained in the drainage report submitted for building permit review. Increased on-site drainage shall be accommodated within the parcel to prevent entry into the lake or onto its banks. Please describe the method of draining and location of discharge (if applicable) for the hot tub. Miscellaneous Construction Management- A construction management plan (CMP) must be submitted in conjunction with the building permit application. The plan must include measures and practices that minimize the impact of construction to the public and natural environment. The plan shall describe mitigation for parking, staging/encroachments, truck traffic, noise, dust, erosion, sedimentation, concrete and other construction-related pollutants. Errin Evans From: Brian Flynn Sent: Monday, March 09, 2009 10:43 AM To: Errin Evans Subject: RE: DRC for 102 Wood Duck Lane Attachments: image004.jpg; image002.jpg Errin, please accept the following comments forthe related DRC. Parks: The applicant's new landscape plan, provided in the review material for the DRC packet, labeled L101 - 01/26/2009 p&z submittal, does not match the approved landscape plan included in tree permit number 2007-007. The applicant has to prepare a single plan and cost estimate, which will be used to amend the existingtree permit (if needed) and to approve the requested variance within the Hallam lake Bluff. The approved landscape plan is L3 - 02/29/08 Brian Flynn Open Space and Special Projects Mailager (Pr)70-129-20 35 (12)970-920-5128 hASPEN ~v I PARKS & RECREATION From: Errin Evans Sent: Monday, March 02, 2009 3:10 PM To: Development_Review_Committee Subject: DRC for 102 Wood Duck Lane Hallam Lake Bluff Review - Proposed Patio (102 Wood Duck Lane) Parcel ID #2735-121-30-005 The attached application proposes to build a patio in the area that requires review by the Planning and Zoning Commission in the Hallam Lake Bluff review area. The project is located at 102 Wood Duck Lane. Please review the attached site plan and elevations. A DRC meeting will not be held for this application. If you have concerns or questions please have them returned by March 19% Let me know if you would like more information. Errin Evans Current Planner 1 Community Development City of Aspen 130 S Galena Street Aspen, Colorado 81611 Phone: 970-429-2745 Fax: 970-920-5439 El Tic: 0,-i .,f.U,~. www.aspenpitkin.com Errin Evans From: Lee Cassin Sent: Monday, March 02,2009 4:29 PM TO: Errin Evans Subject: RE: DRC for 102 Wood Duck Lane Attachments: image002.jpg Errin, there are no Env Health concerns related to their building a patio. Thanks LEe -----Original Message----- From: Errin Evans Sent: Mon 3/2/2009 3:09 PM To: Development_Review_Committee Subject: DRC for 102 Wood Duck Lane Hallam Lake Bluff Review - Proposed Patio (102 Wood Duck Lane) Parcel ID #2735-121-30-005 The attached application proposes to build a patio in the area that requires review by the Planning and Zoning Commission in the Hallam Lake Bluff review area. The project is located at 102 Wood Duck Lane. Please review the attached site plan and elevations. A DRC meeting will not be held for this application. If you have concerns or questions please have them returned by March 19th. Let me know if you would like more information. Errin Evans Current Planner Community Development City of Aspen 130 S Galena Street Aspen, Colorado 81611 Phone: 970-429-2745 Fax: 970-920-5439 1 www.aspenpitkin.com 2 Errin Evans From: tom@aspensan.com Sent: Wednesday, March 04,2009 9:23 AM To: Errin Evans Subject: Re: DRC for 102 Wood Duck Lane Attachments: image002.jpg Errin, ACSD will not have comments on this application. Thanks for keeping us in the loop. Tom ----- Original Message ----- From: Errin Evans To: Development Review Committee Sent: Monday, March 02,2009 3:09 PM Subject: DRC for 102 Wood Duck Lane Hallam Lake Bluff Review - Proposed Patio (102 Wood Duck Lane) Parcel ID #2735-121-30-005 The attached application proposes to build a patio in the area that requires review bythe Planning and Zoning Commission in the Hallam Lake Bluff review area. The project is located at 102 Wood Duck Lane. Please review the attached site plan and elevations. A DRC meeting will not be held forthis application. If you have concerns or questions please have them returned by March 19th. Let me know if you would like more information. Errin Evans Current Planner Community Development City of Aspen 130 S Galena Street Aspen, Colorado 81611 Phone: 970-429-2745 Fax: 970-920-5439 I>,9 017 'M .4.4,7 www.aspenpitkin.com 1 PUBLIC NOTICE RE: 102 WOOD DUCK LANE, REQUEST FOR HALLAM LAKE BLUFF REVIEW TO CONSTRUCT A PATIO WITH A SUNKEN HOT TUB AND FIRE PIT AT THE TOP OF THE HALLAM LAKE BLUFF REVIEW AREA NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 21St, 2009, at a meeting to begin at 4:00 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 Haas Land Planning, LLC, 201 N. Mill Street, Aspen, CO, 81611 on behalf of the owner of the property, AML Investment II. The applicant is proposing to construct a patio with a sunken hot tub and fire pit at the top of the slope of the Hallam Lake Bluff review area. The property is legally described as Part of Lots 1 - 8, Block 2, City and Townsite of Aspen and more commonly known as 102 Wood Duck Lane, Aspen, Colorado, 81611. The parcel identification number is 2735-121-30- 005. For further information, contact Errin Evans at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2745, Errin.Evans@ci.aspen.co.us. s/ LJ Erspamer, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on April 51 2009 City of Aspen Account AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CODE .ADDRESS OF PROPERTY: 10-2- AbOD b.u c.1~ l--a.rzA- Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, ,Ay. 01 61- â‚¬> co--4 -â‚¬~el (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 (E) or Section 26.306.010 (E) of the Aspen Land Use Code iii the following manner: 4 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 no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication ofieotice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. A 9 - D-L~ bignature The foregoing "Affidavit of Notice" was acknowledged before me this 4 day of MA Ul , 200-1, by AÂ·n.>-1 -e/fA .Sced- -e,Â«1 , WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 03'-~i D 110\ 0 Notary Public ATTACHMENTS: 50954'.:...........Â¢/1 ;" LAURA *~ COPY OF THE PUBLICATION i MEYER : op coicr My Commisswn Expres 08/10/2010 ./ PUBLIC NOTICE Of DEVIÂ·.OPMENT APPROVAL Notice is herebv given to the general public of the approval of a site specific development plan pursuant to e.e Land Use Code of the City of Aspen and Tife 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 102 Wood Duck Lane, also known as Part of Lots 1 - 8, Block 2. City and Townsite of Aspen, Aspen, Colorado, 81611, by order of the City Council on April 21, 2009. The Applicant received approval of Hallam Lake Bluff Review to allow for the construction of a patio with a sunken hot tub and fire pit. The approval is only permitted for the submitted elevation/site plan. For further information contact Errin Evans, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen. Colorado (970) 429-2745. s/ City of Aspen Published in The Aspen Times on May 3rd, 2009. (3360223) J :b ......0.90 2,11Â¢111 .1 .pill ..... . ATTE~T Kathryn S. Koch, City Cl Published in the Aspei PUBLIC NOTICE COMBINED NOTICE OF SALE AND NOTICE OF RIGHTS TO CURE OR REDEEM PUBLIC TRUSTEE SALE NO. 09-03 ro Whom It May Concern: This Notice is given Â¥ith regard to the following described Deed of rrustÂ· On February 2,2009, the undersigned iublic Trustee caused the Notice of Election and lemand relating to the Deed of Trust described - AFFIDAVIT OF PUBLIC NO.CE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 10 2 WM) 00612 |Ax , Aspen, CO SCHEDULED PUBLIC HEARING DATE: tfpell- 11.,- , 200-36 STATE OF COLORADO ) ) SS. County of Pitkin ) 1, M1-ro,l 1Â·1- (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 (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 3* day of APAL , 200_9_,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 ofthe property subject to the development application. The names and addresses ofproperty 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 ofthe public hearing. A copy ofthe owners and governmental agencies so noticed is attached hereto. _g~ 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 anillisting of names and addresses of owners of real property in the area of the proposed change shallbe waived. However, th~prepeÂ¥ed zoning map shall be available for public inspection in the planning agency during all business hours foUilbfil5) d*4riorthe public hearing on such amendments. Sighature The foregoing "Affidavit ofNotice" was acknowledged before me this Z / day .90..........e<,M of thr, 7 , 2001 by #4</ Feh Haas . : %.9 f NATALLIA F. 1 WITNESS MIHAND AND OFFICIAL SEAL i KHARKHAL; MN * <&5&On %0#_ 10/02.-/ 2__Ott ..4@ C ./[4/,4 *62660,pr Netary-Publi40* My Commission Exvires 10/02/2011 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, REQUEST FOR HALLAM LAKE BLUFF REVIEW TO CONSTRUCT A PATIO WITH A SUNKEN HOT TUB AND FIRE PIT AT THE TOP OF THE HALLAM LAKE BLUFF REVIEW AREA NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 21St, 2009, at a meeting to begin at 4:00 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 Haas Land Planning, LLC, 201 N. Mill Street, Aspen, CO, 81611 on behalf of the owner of the property, AML Investment II. The applicant is proposing to construct a patio with a sunken hot tub and fire pit at the top ofthe slope of the Hallam Lake Bluff review area. The property is legally described as Part of Lots 1 - 8, Block 2, City and Townsite of Aspen and more commonly known as 102 Wood Duck Lane, Aspen, Colorado, 81611. The parcel identification number is 2735-121-30- 005. For further information, contact Errin Evans at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2745, Errin.Evans@ci.aspen.co.us. s/ LJ Erspamer, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on April 51 2009 City o f Aspen Account I ..F - - - ;7.I- I . 4 4 VA lk**,1 , /1 . I. 1 .Â£ + / 4 r.- . ., + '11 91:.a 4 . 1 I . PUBLIC NOTICE DATE jpi =* Nvit n z .ri STRUCTURAL PLACE 1'11*LJKJjwlt.AMN ~ ASSOCMrlÂ·IS ,â€¢,7.; NGÂ·,114; 2%/*.....0 4!Il:- ... Il#'Ill*Rl 102.Unk-I L--- - - *mm-/8,ito, .0~ e~ .{ er 9,0. -"---- 1, 4 -rA r,...... *..."'/ 1 ; 091 "+. 'a//'-b-Zi~ 4. . . -f xt.. b ,4 .13///// tl:. 9 V.. :RUL/ - ~: 1 64... 44/le/70 ... r I 1%.5 , - - 4. 9..L .2 .647?,â€ž.. .... .. â€¢ . 1/././* 11 k *4*. - J./. .M 1 .- 3,4.4 9.24, 3 .r- f - 2 1.S.. 4 . ..4.9,- ..*.14fkh ~ 4 . ,-704 .1. *'-r- - - 4 .9 --lli i rt-&./.1 r .'â€¢ r â€¢Â»Â¥â€¢Ti;,1,7.j~Ii,; ..Uf I I. .K 277...4. EXHIBIT ASPEN CENTER FOR ENVIRONMENTAL- BART QUAL PER RES TRS-T STUDIES 15 909 POYDRAS ST 20TH FL 100 PUPPY SMITH ST NEW ORLEANS, LA 70112 ASPEN, CO 81611 BERGER BRUCE ASPEN 805 [..LC DOBBS JOHN C SR & SARA F 600 EAST HOPKINS - #202 44 COOK ST #200 PO BOX 241750 ASPEN, CO 81611 DENVER, CO 80206 MEMPHIS, TN 38124-1750 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 FARISH ANNE F HERNANDEZ CECIL M & NOELLE C C/O KOCH FAMILY MGMT 2200 WILLOWICK #16E PO BOX 1045 4111 E 37TH ST N HOUSTON. TX 77027 ASPEN, CO 81612 WICHITA, KS 67220 KREPACK HOWARD & VIVIAN TRUSTEES LEYDECKER SUZANNE LYNNE LUNDGREN DONNA 50Â°/0 710 N THIRD S 1- UNIT A PO BOX 6700 817 N ROXBURY DR ASPEN, CO 81611 SNOWMASS VILLAGE, CO 81615 BEVERI-Y HILLS, CA 90210 MARCUS STEPHEN J MUSIC ASSOCIATES OF ASPEN INC ARESTYWENDY PO BOX 1709 2 MUSIC SCHOOL RD 330 GIL[-ESPIE ST ASPEN, CO 81612 ASPEN, CO 81611-8500 ASPEN, CO 81611 RAPPAPORT KURT & JULIETTE SANT ASPEN RESIDENCE TRUST WALNUT CREEK RANCH LLC TRUSTEES 50% C/O LEO & MARALYNN SAhIT 4520 MAIN ST STE 1060 9034 BURROUGHS RD 815 ROARING FORK RD KANSAS CITY, MO 64111-1816 LOS ANGELES, CA 90046-1405???? ASPEN, CO 81611 WOOD DUCK REALTY CORP ZILKHA SELIM K TRUST C/O LUCY ALMODOVAR WURTELE CHRISTOPHER C TRUST 750 LAUSANNE RD 645 FIFTH AVE RTH FLOOR 895 ROARING FORK RID LOS ANGELES. CA 90077 NEW YORK, NY 10022 ASPEN, CO 81611 BELL 26 LLC PO BOX 1860 BENTONVILLE, AR 72712 Regular Meeting Aspen Planning and Zoning April 21, 2009 Comments............................................................................2 Minutes............................................................................2 Conflict of Interest..................................................................3 102 Wood Duck Lane, Hallam Lake Bluff Review.. 3 222 E Hallam, Map Amendment............................................... 4 Code Amendment, HPC Purview inthe Right of Way..........................7 Code Amendment, I]PC Commercial Design Call Up..........................8 1 Regular Meeting Aspen Planning and Zoning April 21,2009 LJ Erspamer opened the regular P&Z Meeting in the Sister Cities Meeting Room at 4:30pm. Commissioners Cliff Weiss, Bert Myrin, Stan Gibbs, LJ Erspamer and Mike Wampler were present. Excused were Jim DeFrancia and Brian Speck. Staff in attendance were Jim True, Special Counsel; Errin Evans, Jessica Garrow, Sara Adams, Amy Guthrie, Chris Bendon, Community Development; Jackie Lothian, Deputy City Clerk. COMMENTS LJ asked how soon they have to do a site visit. Jim True responded as soon as it is properly noticed. Sara Adams and Jessica Garrow replied that it was 24 hours in the vestibule of City Hall. Erspamer asked how P&Z can call a site visit. True responded that after reviewing the packet and you feel that a site visit is mandatory then you can set the site visit as quickly as possible and ask staff. The commission agreed to site visits. True said that at site visits there really shouldn't be any comments unless it is being recorded other than a description o f the property itsel f. Jim Smith, public, said that plans that are brought forward are conceptual with detailed explanation of the materials being used on a building. Jim Smith said that had he known about the vents on the top of Dancing Bear he would have had another opinion and from the 625 East Main. Lindsey Smith, public, said that when the different buildings were presented she suggested "buyer beware" and the applicants know the cracks and fall right through them. Lindsey Smith said that 2 structures on the roof of Stage III that were 9 feet tall and 14 feet wide that were not on the application and there was a stairwell enclosure. LJ Erspamer said that P&Z follows procedure from criteria. Lindsey Smith said that was the purpose of her bringing this up. Jessica Garrow said that Jim and Lindsey Smith brought this up to Council and Council directed staff to have a work session on this. Garrow said that the Planning and Building Departments have been working with the applicant for the Stage III project regarding the stairwell enclosures and any misrepresentations that might have happened in that approval process as well as height issues. Garrow said they were hopefully having a work session in May to address the issue of do we always see what we are actually going to get. MINUTES MOTION: Bert Myrin moved to approve the minutes from 01/06/09; 01/20/09 and 02/17/09 with the changes from LJ Erspamer to add comments to page 5 of the 01/06/09 minutes. Seconded by Stan Gibbs; all infavor, Approved. 2 Regular Meeting Aspen Planning and Zoning April 21, 2009 CONFLICT OF INTEREST Bert Myrin stated that he had a conflict of interest on 222 E Hallam; he received public notice. PUBLIC HEAR_ING: 102 WOOD DUCK LANE - HALLAM LAKE BLUFF REVIEW LJ Erspamer opened the public hearing and legal notice was provided. Drew Alexander stated that this was an ESA review for Hallam Lake Bluff, which has 3 major criteria. 1. No development aside from native vegetation be allowed on the top of slope; 2. Development within 15 feet oftop of slope shall be at grade and 3. The 45 degree delineation line where no development should occur. The entire patio including a hot tub and fireplace is in the Hallam Lake review; all 3 of the review criteria have been met. Alexander said the patio was setback 18.42 feet from the top of slope. There was no development below the top of slope and no height variation in the 45 degree delineation. Staff recommended approval with conditions of limiting construction, a drainage report approved by City Engineering Department including a method for draining the hot tub, an amended landscaping plan approved by City Parks Department and a lighting plan was submitted. Cliff Weiss asked what was happening with retaining walls; were the walls being expanded. Mike Wampler asked if there was a patio there right now. Mitch Haas replied there was nothing there right now, everything has been torn out. Wampler asked if there were regulations for draining a hot mb. Garrow replied that it was an engineering consideration so it will be dealt with as part o f the drainage report and it was a condition of approval. Bert Myrin said that he was a little more concerned about the lighting. Garrow responded the City has a very detailed lighting code and anytime any building permit comes in it includes a lighting plan and it has to meet that code section and if it does not then the building permit is not approved. Myrin asked if the City Engineering Department requested limited activity on the development. Alexander answered it was for site improvements to maintain the top of slope. Myrin asked what limitations were on patio furniture. Garrow replied there were no limitations on patio furniture only i f they were building a structure on the deck area. Mitch Haas, consultant for the applicant, stated the house that was torn down was within 30 foot setback from the top of slope; they had to get a Hallam Lake Bluff approval to tear it down because the demolition was considered development under the code. Haas said the new house is well below that 30 foot setback requirement. Haas said the patio was more than landscaping but was at grade on the west side of 3 Regular Meeting Aspen Planning and Zoning April 21, 2009 the house and as you move east the grade goes higher and then lower in the center. Haas said the patio is flat without steps but when you get to the one corner you are above grade so there are retaining walls running perpendicular to the Hallam Lake Blufftop of slope; the top of the retaining wall was 8 feet plus set 17 feet back from the top of slope is about half of the progressive height limit. Haas said the applicant was very sensitive to the environment and has green companies that produce vitamins. Haas said that the hot tub is sunken and it will meet the city engineer requirements for drainage or there will not be a hot tub. Haas said there were not really lighting plans but they will comply with the lighting codes. Cliff Weiss asked why this was beyond landscaping. Mitch Haas replied because of the retaining walls due to the grade of 8 foot. Weiss said he noticed a dry well just off where the patio is to be built and it is not on the plans. Haas responded the dry well was already there and the replacement has already been approved by the planning office and is considered a utility. Garrow said at building permit the floor area would be calculated. Bert Myrin asked if the light emitted from the fire pit was above the grade. Haas replied the source ofthe fire pit was below grade and behind the house. Myrin said that his concern was from Hallam Lake. Haas said that it was not visible from Hallam Lake either. No public comments. MOTION: Cliff Weiss moved to approve Resolution #006A-09 for 102 Wood Duck Lane, Hallam Lake Bluff review with the condition as part of the building permit review the zoning officer will review adjusted floor area calculations to insure they are consistent with allowable floor area; seconded by Mike Wampler. Roll call vote: Gibbs, yes; Myrin, yes; Wampler, yes; Weiss, yes; Erspamer, yes. APPROVED 5-0. PUBLIC HEARING: 222 E HALLAM, MAP AMENDMENT and ASSOCIATED LAND USE REVIEWS LJ Erspamer opened the public hearing. Bert Myrin recused himself. Jessica Garrow stated the owner was Joseph Amato represented by Patrick Rawley of Stan Clauson and Associates. Garrow said the applicant is requesting 3 land use approvals and all require a recommendation from the Planning & Zoning Commission to City Council for the final review authority. Garrow stated the first is removal of the SPA Designation (Specially Planned Area); the second is a 4 Regular Meeting Aspen Planning and Zoning April 21, 2009 rezoning from SCI (Service Commercial Industrial) to R-6 and a creation of a PUD for the property. Garrow said the PUD was a consolidated process, which was a conceptual and final process. Garrow said the property was an upside down shaped L, shown in Exhibit E, the map; there was split zoning on the parcel. The zoning was SCI with a SPA overlay and the other part was R-6 and a portion of the Post Office Trail runs through the property and currently no easement for the trail; the trail connects the Post Office and Clarks Market area with the Red Brick. Garrow said the lot was 16,580 square feet with an existing single family residence of 3,233square feet. At the base of the L there were steep slopes so with the slope reduction the lot was 12,435 square feet. Garrow said the split zoning on the parcel was believed to be a result ofthe original town site boundary which crosses the property at approximately the same place where that split zoning is located. Staff is recommending approval ofthis application. In order to remove the SPA it must be found that this parcel is residential in nature both in terms of the existing residence and does not look commercial. The neighborhood context is residential and the access to the property is residential. Garrow said the rezoning was to eliminate the split zoning and have the entire parcel zoned R-6. R-6 zoning is consistent with the adjacent parcels and neighborhood. Staff recommends approval of the rezoning because it creates a more consistent development pattern in the area. Garrow said the PUD was requested to establish dimensional requirements for the property and create an easement for that Post Office Trail. To create a PUD there must be a public benefit to the project and staff believes that the easement and eliminating the ability to include commercial uses on this property is a benefit. Garrow said without a PUD the rezoning would create a non-conforming building in terms ofthe side yard setbacks. Staff proposed the combined side yard setback requirement be 15 feet with a minimum of 5 feet on each side. The rear yard setback based off of the top of slope. The applicant suggested the top o f slope be the rear yard setback but the Parks Department suggested a 5 foot setback off of that top of slope line to insure the slope and vegetation are protected. Garrow said that there was no mention of an alley in the title work or an alley vacation. Garrow said staff will ask City Council for a vacation of any alley that may or may not exist on the property. 5 Regular Meeting Aspen Planning and Zoning April 21, 2009 Erspamer asked if there were any TDRs planned for this property. Garrow replied there was no TDR applied for and is not included in the PUD. Patrick Rawley, represents the applicant, stated they have come in for rezoning and PUD. Rawley said the current portion of the properly that was R-6 was about 5400 square feet and the rear portion was about 7,000 square feet zoned SCI with the steep slopes and the Post Office Trail. The existing house was about 3200 square feet which will not be altered in any way; the driveway access off of Hallam will remain the same. Rawley said the existing and proposed side yard setbacks are 5 feet on the western boundary and 10 feet on the eastern boundary consistent with neighboring properties; the front yard setback would remain the same as 10 foot. Rawley said they proposed 2 easements; for the Post Office Trail, a 10 foot easement on either side of the trail and the second would be a conservation easement to the top of the slope (on the slope). There would be an addition of 633 square feet that would result in the rezoning from SCI to R-6. LJ Erspamer asked the City' s position on the rear setback. Jessica Garrow replied the conservation easement would be on the slope so R-6 zone district requires a 10 foot setback for principal structures. Mike Wampler asked how far back or close to the edge could this house be. Garrow said the applicant was proposing at the top o f slope the 82 foot contour be the rear setback. Garrow said that staff proposed 5 feet off of that slope so there would be an additional protection of that slope. Erspamer asked if a free standing ADU could be placed on the property. Garrow replied yes. Cliff Weiss asked if a deck or patio could be built into the setback. Jessica Garrow replied that 18 inches of overhangs were allowed and not more than 3 inches above or below grade. PUBLIC COMMENTS: Ryan Pardu said that he representing Vickie and Dan Walters who own 216 E Hallam to the west of the property in question. Pardu said that if any additional structures are built on the 222 E Hallam property the Walters would like a 10 foot setback from their property. Stan Gibbs asked if there was development in the back ofthe 216 E Hallam house. Ryan Pardu replied that he was not sure. Stan Clauson said the 216 E Hallam was the former Mona Frost property and it consisted of a front house, a Victorian resource, and a rear barn structure that was redeveloped as a carriage house. Clauson said the front house had new construction next to it. Garrow said there 6 Regular Meeting Aspen Planning and Zoning April 21, 2009 was a 5 foot setback on the 222 E Hallam property. Garrow said they were trying to make this PUD as consistent with the R-6 Zone District. Staff doesn't support any specific setbacks other than combined 15 with a minimum of 5 on each side for future development or addition. Weiss said that it was not spelled out that the property was getting an additional 633 square feet and the map was not current. Weiss stated that he did not want to see a structure within 5 foot of that setback; he wanted a 15 foot setback. Mike Wampler voiced concern over the size of the house in the PUD; they currently have 3,233 square feet and want an increase to 3,866 square feet. Wampler said he did not want to see the house expanded. Weiss asked the distance from the current existing house to the top of slope. Rawley replied the rear o f the garage was 60 feet from the top of slope and the rear setback would be 31 feet from the property line. Clauson said there was no intent to deceive and the application clearly states that the gain of the applicant is 633 square feet of floor area. Clauson said the trail ran along almost the entire back portion of the property and the Parks Department likes to have a proper easement for any trails with an additional amount o f width for maintenance work. Clauson said that a 5 foot setback from the top of slope would be acceptable. Gibbs said that if the setback were 10 feet from top of slope he would be willing to allow the side yard setbacks as proposed. MOTION: Cliff Weiss moved to approve Resolution 007-09approving the PUD, rezoning and removing the SPAfor 222 E Hallam with the following changes in conditions from 10 feet from the top ofslope or 42 feet from the rear property line; seconded by Mike Wampler. Roll call: Gibbs, yes; Wampler, no; Weiss, yes; Erspamer, yes; APPROVED 3-1. PUBLIC HEARING: CODE AMENDMENT - HISTORIC DISTRICTS - HPC PURVIEW IN THE RIGHT OF WAY LJ Erspamer opened the public hearing. Sara Adams provided Special Counsel with the approval o f public notice. Adams explained there were 2 historic districts in town: the Main Street and Commercial Core that were established in the mid 1970's. Adams looked into the review process for decisions in the right of way in these historic districts and realized that it was not that clear. 7 Regular Meeting Aspen Planning and Zoning April 21, 2009 Adams described a historic district was a pattern of development, a collection of buildings, something that is continuous so when you visit this place you get a sense of what it was like back in that era; you are looking for a cohesive whole for the most part. Adams said the first 2 sections of the proposed code amendment clari fy the language and do not expand the boundaries but include the spaces between the blocks and lots that were listed in the 1970s. HPC has about 4 levels of review for landmarks or development in a historic district: exempt development that don't have an impact on the historic character of the district; certificate of no negative effect, which is a staff approval that will change the appearance of something but not negatively; minor development review, which is a one step review; the major development, which is a conceptual and final review. Adams asked the other city departments (Parks, Engineering, Parking, Streets, Water, Utilities) affected by these code amendments for a check list of work performed in these right of ways to make the review process fair. HPC approved this code language change unanimously (6-0) and Planning & Zoning is asked to make a recommendation to City Council. Adams said all the standards of review for the code amendment are met especially the AACP that says "we must continue building on what we have by authentically preserving historic structures and creating thoughtful new buildings that encourage and shape that feeling of historical continuity" and consistent with our broader community goals" and to "work to improve LIPC review process." MOTION: Cliff Weiss moved to extend the meeting by 10 minutes; Stan Gibbs seconded; all in favor, Approved. MOTION: Bert Myrin moved to approve Resolution 008-09 to include the back half of the Jerome (down Bleeker to Monarch and the east side of Mill, curb to curb); Mike Wampler seconded. Roll call: Weiss, yes; Gibbs, yes; Wampler, yes; Myrin, yes; Erspamer, yes; all infavor, Approved 5-0. PUBLIC HEARING: CODE AMENDMENT HPC DESIGN CALL-UP LJ Erspamer opened the public hearing. MOTION: Cliff Weiss moved to continue the public hearing for the HPC design call up to June 16, 2009; seconded by Mike Wampler. All in favor, Approved. Adjourn 7:10 pm. \-tv& Af- Jackie Lothian,'Deputy City Clerk 8