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HomeMy WebLinkAboutagenda.apz.20181120 AGENDA Aspen Planning and Zoning Commission REGULAR MEETING November 20, 2018 4:30 PM Sister Cities Meeting Room 130 S Galena Street, Aspen I. SITE VISIT II. ROLL CALL III. COMMENTS A. Commissioners B. Planning Staff C. Public IV. MINUTES V. DECLARATION OF CONFLICT OF INTEREST VI. PUBLIC HEARINGS A. 909 Waters- Articulation of Building Mass Residential Design Standard Variation Request B. 222 S Cleveland St - Special Review - Variation to the ADU Design Standards VII. OTHER BUSINESS VIII. BOARD REPORTS IX. ADJOURN Next Resolution Number: Typical Proceeding Format for All Public Hearings 1) Conflicts of Interest (handled at beginning of agenda) 2) Provide proof of legal notice (affi d avit of notice for PH) 3) Staff presentation 4) Board questions and clarifications of staff 5) Applicant presentation 6) Board questions and clari fications of applicant 7) Public comments 8) Board questions and clarifications relating to public comments 9) Close public comment portion of bearing 10) Staff rebuttal /clarification of evidence presented by applicant and public comment 1 1 ) Applicant rebuttal/clarification End of fact finding. Deliberation by the commission commences. No further interaction between commission and staff, applicant or public 12) Chairperson identified the issues to be discussed among commissioners. 13) Discussion between commissioners* 14) Motion* *Make sure the discussion and motion includes what criteria are met o r not met. Revised April 2, 2014 Aspen Planning and Zoning Commission November 13, 2018 Vice Chairperson Spencer McKnight called the meeting to order at 4:30 pm. Commissioners in attendance: Teraissa McGovern, Rally Dupps, Ruth Carver, Spencer McKnight Absent: Scott Marcoux, Kelly McNicholas Kury, Skippy Mesirow, Ryan Walterscheid, James Marcus Staff present: Jeannine Stickle, Records Manager Andrea Bryan, Assistant City Attorney Kevin Rayes, Planner Jennifer Phelan, Deputy Planning Director Garrett Larimer, Permit Coordinator COMMISSIONER COMMENTS None. STAFF COMMENTS None. PUBLIC COMMENTS None. APPROVAL OF MINUTES Ms. McGovern motioned to approve the minutes from the October 16th P&Z meeting. Mr. Dupps seconded. All in favor, motion carried. DECLARATION OF CONFLICT OF INTEREST Mr. Dupps stated that he worked for the HOA and one of the home owners of River Park in the past, but he has concluded his business with both parties. He communicated with Ms. Bryan prior to the meeting and she has given him the okay to participate in the hearing. Mr. McKnight asked Ms. Bryan to verify that she was comfortable with Mr. Dupps participating in the hearing. Ms. Bryan asked Mr. Dupps if he can be fair, impartial, and open-minded in the hearing. Mr. Dupps stated that he could. Mr. McKnight asked if public notice was given. Ms. Bryan stated that she has the public notice for the hearing on the River Park Condominiums and has reviewed it. She stated that she did not receive the public notice for the hearing on 222 Cleveland Street. Mr. Larimer presented Ms. Bryan with the public notice for the 222 Cleveland Street hearing. P1 IV. Ms. Bryan stated that she will review the public notice for the 222 Cleveland Street hearing now and would only comment if there is a problem with it. PUBLIC HEARINGS River Park Condominiums Planned Development Mr. Rayes gave an overview of the River Park Condominiums. He stated that the applicant has four reviews requested for the proposed work including a special review for a new top of slope, a stream margin review, an insubstantial amendment to a planned development, and a variance to install a hot tub. Mr. Rayes gave background on the site conditions. He gave the location of the condominiums and stated that the complex is made up of four multifamily dwellings with 13 units. It is zoned residential multifamily with a planned development overlay and it is located within the stream margin review area. The scope of work for this site consists of maintenance and improvements of onsite amenities, which fall into four categories: structural repairs to an existing subgrade parking garage, secondary improvements to various onsite amenities including replacing onsite snowmelt infrastructure and repairing storm drain systems, and installation of a hot tub. The hot tub is where the variance comes into play because it is proposed to be located between the front façade of the dwelling units and main street. Because the majority of the site is located within the stream margin review area, the applicant has proposed a new top of slope, which has been approved by the Engineering department. Today the applicant is requesting a review of the stream margin review area from Planning and Zoning. Additionally, because this site is a planned development, it needs to go through an insubstantial amendment to a planned development in order to get the work approved. He stated that staff generally do this administratively, but since they are going through all the other reviews, staff have included it today to consolidate reviews and make the process a little bit faster. Mr. Rayes showed a slide with a picture of the green roof and parking garage. He stated that a number of existing trees will need to be removed in order to conduct the work. The Parks department determined that significant mitigation will be necessary for the removal of the trees. The applicants plan to replace a large number of the trees, which would offset some of the mitigation, but the numbers will be worked out between the applicant and the Parks department at the time of the building permit. Mr. Rayes addressed the secondary improvements onsite. He stated that they include repairs to the existing driveway, replacing window wells, and replacing the pool deck. He stated that a small portion of the pool deck is located within the 15-foot top of slope setback. Since this deck will have the same footprint as the existing deck, Planning and Engineering staff do not see any issues with this. Mr. Rayes addressed the installation of the hot tub, which is proposed to be located next to the existing pool. He stated that the original plan was to put the hot tub to the east of the pool. The proposed location of the hot tub was technically behind Heron Park, which staff did not see as technically street- facing and did not see a problem with that. However, the location of the hot tub within the 15-foot top of slope setback did not comply with Engineering standards and they did not want the hot tub to be located there. In order to comply with Engineering’s concerns, they have requested to put the hot tub to the west of the existing pool. Mr. Rayes covered staff’s recommendations for this proposal. The proposed top of slope location has been approved by the City Engineering department. Proposed work within the 15-foot top of slope P2 IV. setback is limited to the maintenance of the existing pool deck. The applicant has indicated that no vegetation will be removed or damaged and no slope or grade changes are proposed within the top of slope setback. All development outside the 15-foot setback does not exceed the 45-degree progressive height limit. Staff finds this criterion to be met and recommend approval of the stream margin review, the special review, and the new top of slope. Mr. Rayes stated that, regarding the variance, the placement to the west of the existing pool would satisfy stream margin setback standards and would require the minimum variance necessary to make possible reasonable use of the hot tub. Staff finds that this criterion is met and recommends approval of variance. Mr. Rayes stated that, regarding the insubstantial amendment to a planned development, the River Park Condominiums functions as a residential family property. The use of the site will not change as a result of the proposed maintenance work and addition of the hot tub. Staff find that this criterion is met and recommend approval for the insubstantial amendment to a planned development. Overall, staff finds that the proposed scope of work complies with land use code and recommend approval for all the requested reviews of this project. Mr. McKnight asked if commissioners had any questions. Ms. McGovern asked how tall the walls are around the proposed hot tub. Darla Callaway from Design Workshop stated that they are 3 ½ feet tall. She stated that it will create privacy and separation from the adjacent unit and roadway. Ms. Carver asked where the removed stairway was going. David Rosenfeld from Charles Cunniffe Architects replied that the removed stairway was access to the garage below. He stated that the applicants reviewed that with the Building department. The stairway has become mostly a nuisance for the owners since they have two means of egress out of the garage. The plan also demolishes a restroom in the garage and the spa equipment will be put in its place. Mr. McKnight asked what the hot tub is replacing. Mr. Rayes replied that it’s replacing the stairwell. Mr. McKnight asked if the Parks department is happy with that mitigation, whatever it may be. Mr. Rayes stated that the Parks department hasn’t yet determined what the mitigation will be, but staff are planning to work with the applicant on it. Mr. McKnight asked if the applicant is willing to do whatever the Parks department recommends. Mr. Rayes replied that that’s his understanding. Ms. Carver asked how deep the soil is for the trees. P3 IV. Ms. Callaway stated that the soil is currently 5 feet deep, which is more than necessary. They are planning for three feet. Less soil will reduce weight and structural concerns for the garage in the future. Mr. Rosenfeld stated that the current fill is found dirt and rocks and it is currently overloaded. Ms. Carver asked what year that unit was built. Mr. Applicant replied 1989 to 1991. Mr. McKnight asked if the commissioners had any other questions for staff. Seeing none, he asked the applicants if they have a presentation. Ms. Callaway stated that they do not have a presentation and are happy to answer questions. Mr. McKnight asked the commissioners if they have questions for the applicant. Ms. Carver asked if the snowmelt is currently existing. A member of the applicant team responded from the public seating. He stated that there is a small amount of additional snowmelt being added. Ms. Carver asked him to quantify that. Ms. Callaway stated that the applicants will be going through the counts with their permit submittal with the Engineering department. The numbers are being documented in the permit set as they will affect mitigation. PUBLIC COMMENT None. Mr. McKnight asked if there was any commissioner discussion. Ms. McGovern stated that this recommendation goes against what staff has recommended in the past regarding locating hot tubs and fire pits between a building and a street-facing lot. She stated that it isn’t a necessary amenity, so does not see a need to accommodate it. Mr. McKnight asked if staff had comments on that. Ms. Phalen stated that there is a pool there. She stated that, if the commissioners wanted to be strict in their interpretation, they could deny the proposal and their option would be to put a hot tub in the existing pool. She stated that the lot is dropped down from the street and well-landscaped. It could be said that it’s a unique site. Mr. McKnight stated that cannot see the pool at the site unless he walks directly on that sidewalk. He stated that this is the subjective part of the commissioners’ job where they can make an approval if they want to. P4 IV. Ms. McGovern stated that she does not see a reason to approve it. Ms. Callaway stated that the commissioners would approve a spa behind someone’s home, following the land use code guidelines. She stated that the hot tub is in the side façade of one of the units. Ms. McGovern stated that the guidelines say “street facing,” and stated that this lot is street facing on two streets. Ms. Callaway asked if that refers to the front façade. Ms. McGovern replied any street facing façade, which is why it is difficult for corner lots. Mr. McKnight asked Ms. Carver and Mr. Dupps where they stand. Ms. Carver stated that she doesn’t have a problem with it, particularly because the swimming pool is already there. Mr. Dupps stated that it does not pose any problem in his mind. He stated that it’s a special case and it is hidden from the street. Mr. McKnight stated that he agrees with Mr. Dupps and Ms. Carver. Ms. McGovern asked if the commissioners would vote to increase the size of the pool if that was the proposal. Mr. McKnight stated that he might. Ms. Carver stated that she would not want to be the neighbor to the hot tub, but that if it’s fine with them, it’s fine with her. Mr. McKnight asked Ms. McGovern if she wanted to plead her case further. He stated that he sees where she is coming from. Ms. McGovern stated that she cannot support this proposal since she does not see that there is hardship. Ms. Carver motioned to approve Resolution 6. Mr. Dupps seconded. Ms. Stickle called the role. Mr. McKnight, Mr. Dupps, and Ms. Carver voted to approve the resolution. Ms. McGovern voted to disapprove. Ms. Phelan reminded commissioners there is a meeting next week. She stated that there is a meeting December 4th and December 18th and asked if those dates still work for the commissioners, who responded that they do. She stated that there cannot be a meeting January 1st because it’s a holiday and asked about commissioners’ preferences for January 22nd or 29th. Mr. McKnight, Ms. McGovern, and Ms. Carver all stated that either date works for them. P5 IV. Mr. McKnight asked Ms. Phelan how next week’s meeting is looking. Ms. Phelan stated that there is currently one item scheduled. Mr. McKnight, Mr. Dupps, and Ms. Carver all stated that he will not be able to attend next week’s meeting. Ms. Phelan asked Ms. Stickle to send out an email to confirm that there is quorum for next week. PUBLIC HEARING 222 Cleveland St Special Review – Variation to the ADU Design Standards Garrett Larimer introduced himself as a Planner with the City of Aspen. He stated that the application from 222 Cleveland Street is for a variation to the ADU design standards. Mr. Larimer gave history of the property, stating that the property is a single-family residence built in the 1990’s. He stated that there was an ADU constructed in the basement as mitigation for their affordable housing mitigation requirement. The property owners recently submitted and received an application for a building permit for a remodel that included renovations to the primary residence and minor modifications to the ADU. During an inspection for that building permit, it was noted that there were elements in the ADU that had been removed that were necessary for it to qualify as an ADU. Once staff saw that the ADU was noncompliant, they presented the applicant and owner with a couple of paths forward to rectify this compliance issue. The first option was to decommission the ADU and the second was to replace the ADU by either meeting current code requirements or as it was originally constructed with an application for special review variation. Mr. Larimer stated that, in the mid-nineties, there were three paths forward for applicants to mitigate for their employee housing mitigation requirement. They could construct an onsite ADU, pay a cash-in- lieu fee, or deed-restrict their single-family residence as resident occupied. The purpose of the ADU as an affordable housing option is to provide a viable affordable housing opportunity for residents of the community and incorporate that housing into the neighborhood. He stated that Aspen has had some challenges getting the ADUs occupied, so there have been a number of changes over time to the City’s ADU standards to improve the occupancy rate of the ADUs. Mr. Larimer stated that the current standards prohibit subgrade ADUs, requiring that 50% or more of the ADU’s finished floor be above grade to allow for more natural light. There has also been a change increasing emphasis in the current code language that focuses on detached, standalone, self-sufficient ADUs. The code has also identified some kitchen and bathroom requirements. The current requirements also include a provision for washer and dryers or hookups in the unit. The unit that was constructed in the mid 1990’s did not have the requirement to be above grade nor the same requirements for the kitchen, bathroom, or storage. He stated that the applicant is asking to replace the ADU in its original location in the basement and for variations to certain code requirements. In replacing the unit in the basement, there are some things that they will be unable to comply with. He stated that the variations that the applicants are requesting from the current ADU design standards, in order to replace the ADU in its former location, is a variation from the subgrade location. The applicants are asking for a reduction in the minimum amount of storage space that’s required. The current code P6 IV. requirement says that 10% of the net livable needs to be required as storage or closet space. They’re also asking for variations to some of the kitchen standards. They are providing an oven and stove, but they are providing a two-burner stove while the current code requirement is for a four-burner. A reduction in counter and cabinet space would need to be granted from the code requirement today. No dishwasher is being provided, which is a requirement of the current code. The refrigerator and freezer being provided is below the minimum size requirements. There also exists an interior connection between the ADU and the primary residence, which is not allowed by the current code and would need to be approved via this special review process. Also, the applicant has not indicated any washer and dryer hookups in the unit. Mr. Larimer showed a rendering of the proposed floor plan on the slide. He stated that staff is looking for direction from Planning and Zoning on how to move forward to rectify this compliance issue. The paths forward would be to decommission the ADU, replace the ADU in its former location and grant variations for the requirements that it doesn’t comply with, or require the applicant to replace the ADU onsite and meet all the current code requirements. Mr. McKnight asked if the commissioners had any questions for staff. Seeing none, Mr. McKnight turned the meeting over to the applicant’s presentation. Chris Bendon from BendonAdams introduced himself as the representative of the owners of the property. He pointed out where the property is on a map on the slide and stated that the site is a single- family home. He showed the layout of the property on a slide. He stated that Leonard Oates, an attorney for the applicant, is present at the meeting. Kim Wilde, architect for this project, is not present. The owners of the property apologize for being unable to attend. Mr. Bendon stated that, as a former City employee, he is very familiar with the ADU code and its frequent changes. He stated that the mid-nineties code emphasized the ADU being very subtle in character. He pointed out that the original ADU complies with the ADU code at the time it was built in the mid 1990’s. He showed a diagram of the unit on the slide. He stated that the ADU was removed at an unknown date. The building inspectors who came in to inspect the owners’ remodel realized that the ADU had been removed. The enforcement letter that the owners received gives the applicants the option to document an alternative method of mitigation that was provided, which there is no record of having been done. He stated that the option to formally remove the unit would cost $130,000. The other option is to build an ADU to today’s standards, which cannot be met in many circumstances. In conversations between the applicant and Planning staff, staff gave the option of the appealing to the Planning and Zoning Commission for the option to replace the unit in kind. Mr. Bendon stated that there are two standards that the commissioners have to look at. One is that the ADU promotes the purpose of the ADU and carriage house program, promotes the zone district, and promotes the unit’s general livability. He stated that the 1990’s code didn’t have a purpose section, unlike 2005 code. Instead, the 1990’s code had four points, which were: the ADU has to be 300 – 700 square feet, deed restricted resident occupied with rental periods of at least six months, the owners of the principal residence have the right to place a qualified employee or employees of their choosing in the unit, there needs to be a parking space, and detached ADUs are only permitted when there is secondary access or an alley. P7 IV. Mr. Bendon stated that this ADU enables the small-scale housing opportunity in an established neighborhood and allows for independent living or a caretaker/caregiver relationship. He read a section of the RMF zone purpose and stated that this project meets that. Mr. Bendon stated that the second standard talks about compatible and subordinate character to the principal residence considering all dimensions. The ADU is much more compliant with this standard as it isn’t possible to tell from the outside that it’s anything but a single family home, it’s smaller than the principal residence, the architecture and landscaping are unified. It does provide for privacy and independent living. There is a parking space. There is an Internal access option and, though it was not a requirement at the time, there is access to the mechanical area. In the conversation with staff, the 1990’s kitchen definition was very sparse and Mr. Bendon stated that he needed to be able to describe the target specifications to the architect. He discussed using the 2005 kitchen definition with staff, which would provide direction. He stated that he does not want the entire ADU to be subject to 2005 code. The applicants’ request is to replace the ADU in its previous condition using the 2005 kitchen standards. With that he concluded his presentation and opened the meeting to commissioner questions. Ms. McGovern asked why the plan is to fill in the window on the opposite wall. Mr. Bendon stated that that design decision was made prior to his involvement. Ms. McGovern asked if that has already been done. Mr. Bendon stated that he believes it has been as part of the remodel. Ms. McGovern stated that, as a result, the ADU is not being restored in its previous condition as a significant portion of natural light has been removed. Mr. Bendon replied that this has that potential, though there are other light sources. Ms. McGovern stated that, in her opinion, that is not really restoring the ADU with that large of a change. She asked what the reason is for not expanding the closet. Mr. Bendon stated that he did not provide the architecture firm with specific direction regarding the closet. They have explored options to increase the size of the closet to near 10% of the unit. Mr. McKnight asked if the commissioners had any other questions. Ms. Carver stated that she agrees with Ms. McGovern regarding the windows. She asked where the window is now. Mr. Bendon showed on the slide where the window and the outside door are located. Ms. Carver stated that the diagram shows that two windows have been removed. Ms. McGovern stated that Ms. Carver is looking at the house. P8 IV. Ms. Carver stated that removing natural light in a small space is a bad idea. She asked what size refrigerator will be installed. Mr. Bendon stated that a minimum six cubic foot fridge with a freezer would go in there. Ms. Carver asked if that will fit under the counter. Mr. Bendon replied yes. Ms. Carver stated that she would like to see the window put back in. Mr. McKnight asked how the ADU is currently being used. Mr. Bendon stated that it’s being used as part of the main house, as an extra bedroom. He stated that that is likely how the majority of the ADUs from that generation are used today. Mr. McKnight asked staff how they came to the $130,000 amount. Mr. Phalen stated that this was a form of mitigation in the 1990’s. The two other options were fee-in- lieu or deed restriction to an RO unit. She stated that the proper process would have been to pay the fee in lieu when getting rid of the ADU. The fee-in-lieu amount has decreased over time. Mr. McKnight asked if the formula is still based on square footage or if it’s a flat fee. Mr. Bendon stated that this plan is basically to replace the value to the community of the ADU. He stated that, from the applicants’ perspective, this hearing is a review of the ADU and how it complies with the special review standards, not necessarily choosing between the various options that the applicants have to take care of the enforcement issue. The applicants want to replace what was removed and that’s what they’re asking P&Z to review. Ms. McGovern asked how much the in-lieu fee would have been in the mid-1990’s if they had selected that option. Ms. Phalen stated that that would’ve taken more research because it would’ve been dependent on what the fee-in-lieu dollar per square foot was and the specific circumstances at the time. She stated that part of this is replacing what was there but also recognizing that today it would be considered a nonconformity as far as some of the design parameters. Ms. Carver asked if the shared utilities are blocked off from walking through from the house to the ADU. Mr. Bendon showed where the utility room is on a picture on a slide. He stated that the utility room access is through a hallway and door. Ms. Carver asked if it could be part of the main house without walking past the meters. Mr. Bendon replied that that is correct. Mr. McKnight asked the commissioners if they had any other questions. P9 IV. Ms. Carver stated that, if this was to be replaced to the original ADU, the filled in window should be there. Mr. Bendon stated that the window was not required for access and egress. Ms. McGovern stated that it is not a code required window, but it was there. Mr. Bendon stated that he is not sure he can answer for the owners, but he believes that they would look at the window seriously. He stated he does not know if there was a window well or if it propels other issues. Mr. Larimer stated that part of the change order was to fill the area that is adjacent to that exterior wall and there was some relocation of deck that may have gone above the fill, which was the reason for filling in the window. Ms. Carver asked if they just wanted a bigger deck. Mr. Larimer stated that they did not expand it, they just reallocated it. Mr. Bendon stated that the door is a solid plank door, which could be replaced with a half light or full light door to allow more light into the space. Mr. Dupps asked if the ADU is going to be used as an ADU. Ms. McGovern stated that it isn’t P&Z’s purview to legislate the use. Mr. Larimer stated that the deed restriction is voluntary, it’s not required to be occupied. Ms. McGovern stated that, if it’s rented, it has to be compliant with APCHA, but it does not need to be rented. Mr. Bendon stated that the applicants would probably continue to use it as they have. That doesn’t mean that they wouldn’t want or need a caregiver in the future. Also, there will be future owners of this residence. He stated that, if it’s used the same way that other ADUs in town area used, it has a 25% likelihood of being used. Mr. McKnight asked if there are any other questions from commissioners. Seeing none, he opened the meeting to public comment. PUBLIC COMMENT None Mr. McKnight opened the meeting to commissioner discussion. P10 IV. Ms. McGovern stated that this is a clear representation of the reason why the City got rid of ADUs as an option for mitigation. It’s hard to regulate construction inside a building to make sure that everything stays. She does not feel that it’s a good way to mitigate employee housing impact. Mr. McKnight asked which way Ms. McGovern is leaning on the options. Ms. McGovern stated that, if it’s going to be on site, she would want it to meet current code in its entirety or not at all. Mr. McKnight asked Ms. Carver and Mr. Dupps where they stand. Mr. Dupps stated that he thinks it’s reasonable to hold it to 2005 standards. He stated that the house has a long history and previous owners made alterations. He feels that, to stick the owners with a bill of $130,000 is too onerous. Ms. Carver stated that she agrees with Mr. Dupps that the 2005 standards would be fine. She would like to see more light whether it’s used as part of the main house or as an ADU. Mr. Bendon stated that the owners were not the original builders of the house, they did not place the deed restriction on the house, they bought into this situation. He also stated that the owners do not see the $130,000 as not being a reasonable and rational penalty for the removal of the ADU. Mr. McKnight stated that he finds the situation very strange. He stated that it seems unfair for P&Z to look at it from the standpoint of a hardship as someone is responsible for it. Ms. McGovern stated that, part of what you get when you buy a piece of property is all the stuff that happened before you owned it. She stated that, if the owners had been proactive about restoring the ADU before it came before it became an enforcement issue, she would have a different perspective on it. Mr. McKnight asked staff what the commissioners should be basing their decision off of. Ms. Phelan stated that there are two standards within the special review standards. The proposed ADU or carriage house is designed in a manner which promotes the purposes of the ADU and carriage house program, promotes the purpose of the zone district in which it is proposed, and promotes the unit’s general livability. She stated that staff has said that one was not met. In the 1990’s there were not really any purpose statements associated with ADUs, there is a much more robust section on purpose statements that staff outlined in the memo. The goal is to try to get the ADUs to be discreet within the neighborhood and promote these as another form of housing locals. The second criteria is the proposed ADU or carriage house is subordinate in character to the primary residence concerning all dimensions of configuration, landscaping, privacy, and historical significance of the property, which was met. She stated that, at the end of the day, the applicants are asking for special review and these are the two standards. Mr. McKnight stated that he agrees that the second standard is met. Ms. McGovern stated that she agrees that that is met, but the livability standard is the issue. P11 IV. Mr. McKnight asked Ms. McGovern if she is a no. She stated that she is a no. Mr. Dupps stated that he is a yes. Ms. Carver stated that she is concerned about whether or not it would actually be used as an ADU. She does not agree with taking out the window. Mr. McKnight stated that Planning and Zoning can’t use that as a criterion. Ms. Carver stated that she is a no. Mr. McKnight stated that, after looking at the review standards, he is also a no. He asked staff if they should go ahead and vote on the resolution. Ms. Phelan stated that the motion would be to deny the resolution. Mr. Bendon stated that he would like to continue the hearing until there’s a fuller board. Mr. McKnight stated that he would also like to discuss this proposal with a fuller board. Mr. Bendon stated that he sees where the commissioners are coming from on the frustration with the ADU program in general. He stated that the fundamental question for the applicants is: what’s the expectation on an ADU that was built in 1995? The thought of what an ADU should be has evolved, and the question is if that evolution should be retroactively applied to this ADU. He requested to continue the hearing until there is a fuller board where they can have that discussion, even if that feels like a repeat. Ms. Phelan stated that this hearing can be continued until the next week, though there may be difficulty meeting quorum. She stated that the Commission needs to set a date certain, which could be next week, though it may need to be continued. Ms. McGovern motioned to continue the hearing to the meeting on November 20th. Mr. Dupps seconded. All in favor. Motioned carried. ADJOURN Ms. McGovern motioned to adjourn the meeting at 5:41 pm. Mr. Dupps seconded. All in favor. Motion carried. Jeannine Stickle Records Manager P12 IV. TO: Planning & Zoning FROM: Kevin Rayes, Planner THRU: Jennifer Phelan, Deputy Planning Director RE: 909 Waters Avenue MEETING DATE: November 20, 2018 APPLICANT: Neal Katyal, 909 Waters LLC REPRESENTATIVE: Chris Bendon, Bendon Adams LOCATION: 909 Waters Avenue CURRENT ZONING: Moderate-Density Residential (R-15) SUMMARY: The applicant is requesting a variation from the Residential Design Standards for the remodel and addition to a single-family dwelling. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission deny the request for a variation from the Articulation of Building Mass Residential Design Standard. MEMORANDUM Planning & Zoning Commission Kevin Rayes, Planner Jennifer Phelan, Deputy Planning Director 909 Waters Avenue- RDS Variation , 2018 Figure 1: Vicinity Map Figure 2: 909 Waters Ave, Looking South Waters Ave S. W est En d St Page 1 of 6 , Looking South P13 VI.A. Page 2 of 6 REQUEST OF THE PLANNING AND ZONING COMMISSION: The Applicant is requesting the following approval from the Planning and Zoning Commission: · Residential Design Standards Variation (Section 26.410.020.C, Variations): To grant a variation of the Articulation of Building Mass standard to add to the existing sidewall depth of the dwelling. Applications that do not comply with the standards contained in the Residential Design section of the code, in which an applicant is applying for a variation, require approval by the Planning and Zoning Commission. BACKGROUND: 909 Waters Avenue contains a single-family dwelling located within the Aspen Infill Area. Located in the R- 15 Zone District, the lot is 6,000-square feet and is considered non-conforming with regards to lot size. The applicant plans to remodel the existing dwelling and requests a variation from the Articulation of Building Mass Residential Design Standard to build an addition on the rear of the building (see figures 3-6). The existing dwelling (built in the early 90’s, prior to RDS standards), exceeds the 50-ft. maximum sidewall depth prescribed in the current Residential Design Standards. The eastern sidewall measures 54-feet, 7½- inches in length. The western sidewall measures 50-feet 7½-inchs. The proposed remodel adds 4 feet along the bulk of the south façade but incorporates a chamfered corner along the southwest sidewall to minimize impacts to the west façade. However, by filling in the rear patio and deck areas with a two-story addition, the overall depth of the dwelling will increase, thus increasing to the existing non-conformity. The proposed design requires a variation from the Articulation of Building Mass Non-flexible Residential Design Standard. Non-flexible standards are those that shall be met by all projects subject to the Residential Design Standards, with no Alternative Compliance permitted. The applicant is seeking an RDS variation pursuant to Section 26.410.020.C, Variations. Additionally, the proposed work may impact some trees located in the rear yard. Prior to issuing a building permit, the applicant will need to coordinate with the Parks Department regarding potential impacts to trees on site. REVIEWS: RESIDENTIAL DESIGN STANDARD VARIATION: Section 26.410.020.C, Residential Design Standard Variations, require applications that seek a variation from the Residential Design Standards be reviewed by the Planning and Zoning Commission. The Planning and Zoning Commission can approve, approve with conditions, or deny an application after considering a recommendation by the Community Development Director based on the standards outlined in section 26.410.020.C, Variation Review Standards. Staff Comment: An application requesting a variation from the Residential Design Standards shall demonstrate and the Planning and Zoning Commission shall find that the variation, if granted would: 1. Provide an alternative design approach that meets the overall intent of the standard as indicated in the intent statement for that standard as well as the general intent statements in Section 26.410.010.A1-3; or 2. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. The general intent statement of the Residential Design Standard code section specifies that buildings should “provide articulation to break up bulk and mass; and preserve historic neighborhood scale and character” to P14 VI.A. ensure that single-family dwellings respond to neighboring adjacent development. The Articulation of Building Mass standard greater than fifty (50) feet in depth to “reduce the overall perceived mass and bulk of buildin viewed from all sides.” The sidewall lengths and overall depth of the existing dwelling are currently non conforming. While incorporating the chamfered corner along the southwest sidewall does not increase the sidewall depth, the overall perceived mass of the dwellin in the rear yard. Figure 3: 909 Waters Main Level- Existing family dwellings respond to neighboring properties by retaining similar massing and scale to Articulation of Building Mass standard prescribes a maximum sidewall depth of no “reduce the overall perceived mass and bulk of buildin The sidewall lengths and overall depth of the existing dwelling are currently non While incorporating the chamfered corner along the southwest sidewall does not increase the l perceived mass of the dwelling will be increased by filling in the deck and patio space Existing Figure 4: 909 Waters Main Level 54 .7 5- 4- Page 3 of 6 properties by retaining similar massing and scale to prescribes a maximum sidewall depth of no “reduce the overall perceived mass and bulk of buildings on a property as The sidewall lengths and overall depth of the existing dwelling are currently non- While incorporating the chamfered corner along the southwest sidewall does not increase the will be increased by filling in the deck and patio space 909 Waters Main Level- Proposed 54 .7 5- P15 VI.A. Existing deck/patio Figure 5: Existing Conditions Figure 6: Proposed Conditions Fill in existing deck/patio to add net livable square feet Proposed chamfered corner Conditions Conditions Page 4 of 6 Fill in existing deck/patio to add net livable square feet P16 VI.A. Page 5 of 6 RECOMMENDATION: The Community Development Department recommends the Planning and Zoning Commission deny the request for a variation from the Articulation of Building Mass Residential Design Standard as the proposal increases the existing nonconformity by adding to the perceived mass of the dwelling. PROPOSED MOTION: The resolution is written in the affirmative, approving the request. If the commission supports staff’s recommendation, a motion to deny, as suggested below should be used. “I move to deny the request for Variation from the Articulation of Building Mass Residential Design Standard.” Attachments: Exhibit A- Residential Design Standards Review Criteria Exhibit B- Application Exhibit C- Public Noticing Affidavit Exhibit D- Letter from Applicant P17 VI.A. Page 6 of 6 P18 VI.A. RESOLUTION NO.___ (SERIES OF 2018) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A RESIDENTIAL DESIGN STANDARD VARIATION FOR A PROPERTY LEGALLY DESCRIBED AS LOTS F AND G, BLOCK 120, CITY AND TOWNSITE OF ASPEN, COMMONLY KNOWN AS 909 WATERS AVENUE. Parcel No. 2737-182-81-003 WHEREAS, the Community Development Department received an application from 909 Waters LLC, 909 Waters Avenue, Aspen, CO 81611, requesting approval for a Residential Design Standard Variation for the property at 909 Waters Avenue; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, upon review of the application and the applicable Land Use Code standards, the Community Development Director recommended denial of Residential Design Standard Variation; and, WHEREAS, the City of 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 on November 20, 2018; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets the applicable review criteria and that the approval of the request is consistent with the goals and objectives of the Land Use Code; 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; and, WHEREAS, the Planning and Zoning Commission approves Resolution _, Series of 2018, by a ___ to ____ (_ - _) vote, granting approval of the Residential Design Standard Variation as identified herein. NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission: Section 1: Residential Design Standard Variation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves the request for a Residential Design Standard P19 VI.A. variation to fill in existing deck and patio space with additional floor area in the rear yard (Chapter 26.410.020.C, Variations), varying from the Articulation of Building Mass standard. All other dimensional standards including height and setbacks shall still be met. Section 2: Parks: A tree permit is required prior to removal of trees. Section 3: 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 site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: 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 5: 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 Commission at its meeting on November 20, 2018. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ____________________________ ______________________________ Jim True, City Attorney Skippy Mesirow, Chair ATTEST: ____________________________ Jeanine Stickle, Records Manager Exhibits: Exhibit A: Approved Building Plans P20 VI.A. Exhibit A: Approved Building Plans Exhibit A: P21 VI.A. Approved Building Plans P22 VI.A. Exhibit A: Approved Building Plans P23 VI.A. Exhibit A: Approved Building Plans P24 VI.A. Exhibit A Residential Design Standards Review Criteria Section 26.410.020.D, Residential Design Standard Variation Review Standards. An application requesting a variation from the Residential Design Standards shall demonstrate and the deciding board shall find that the variation, if granted would: 1. Provide an alternative design approach that meets the overall intent of the standard as indicated in the intent statement for that standard, as well as the general intent statements in Section 26.410.010.A.1-3; or 1. Provide an alternative design approach that meets the overall intent of the standard as indicated in the intent statement for that standard, as well as the general intent statements in Section 26.410.010.A.1-3; or Staff Response: The intent of the Articulation of Building Mass standard is to reduce the overall perceived mass and bulk of buildings on a property as viewed from all sides. The code indicates that this standard is critical in the Infill Area where “small lots, small side and front setbacks, alleys and historic Aspen building forms are prevalent.” 909 Waters Ave is located on an undersized, non-conforming lot within the Aspen Infill Area, with a single-family dwelling that does not comply with current RDS Standards. Granting a variation to increase the mass and bulk of the dwelling will increase the non-conformity of the structure which is inconsistent with the intent and standards of the Land Use Code. Staff finds this criterion to not be met. 2. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Staff Response: Although 909 Waters Ave is non-conforming with regards to lot size, this is not considered an unusual circumstance or site-specific constraint that is unique to the parcel. Many other properties in Aspen are considered non-conforming and are still required to comply with design standards. There are no site-specific constraints or unusual circumstances that would prevent the applicant from complying with this standard. Staff finds this criterion to not be met. P25 VI.A. September 24, 2018 Mr. Kevin Rayes Community Development Department City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: 909 Waters Avenue Mr. Rayes: Please accept this application for Residential Design Standards, variation to the Articulation of Building Mass standard, for the 909 Waters Avenue project. The existing residence, a Harry Teague design, is a two-story single-family home that sits on a rectangular 6,000 square-foot lot in the East End of Aspen, just off South West End Street. It is zoned R- 15 and was constructed in 1990 prior to the Residential Design Standards. The home is owned by 909 Waters LLC. Neal Katyal is the principal of 909 and has authorized BendonAdams to submit this application. Kim Raymond Architects is the Architect of record and has prepared the attached design set. Mr. Katyal, a Georgetown professor who writes about architecture, was drawn to the Harry Teague design of the house from the moment he saw it three years ago. At the same time, he knew the house was small for his immediate and extended family. The house was built and designed by a couple 25 years ago and had never had more than two occupants. So, he wanted to expand the house to accommodate his larger family, but at the same time insisted that the integrity of the Teague design be 100% unchanged. He therefore rejected out-of-hand easy ways to expand the house, such as increasing some of the front of the house to match the frontmost wall. Instead, he required the house to maintain its simple, elegant look and to have the front and visible sides to be entirely unchanged. Exhibit B- Application P26 VI.A. Page 2 of 6 909 Waters RDS The project will remodel the existing home and therefore only add to the rear of the building, enclosing a portion of the existing deck. A small addition, creating a partial third level, is proposed to serve as a home office. This space uses a split-level approach to minimize height and fit within zoning restrictions. The proposal includes use of a Transferable Development Right. Although non-conforming with respect to lot size, this non-historic property is an eligible “landing” site, as confirmed by the City through issuance of an official interpretation with respect to this specific property (attached). The use of a TDR assists the City’s efforts to protect historic resources, compensating owners of historical properties for relinquishing a portion of their development right. The applicant owns a TDR having purchased it in anticipation of this addition after obtaining the City’s official interpretation. Initial designs were reviewed with City staff for compliance with the Residential Design Standards. The applicant and the architects listened closely to the City staff to take account of staff’s concerns. While not required at the time of the Teague design, a few minor “jogs” in the existing side walls help provide visual relief and architectural interest. The applicant explored making one or more significant sidewall jogs at roughly 35-45 feet into the property. These options caused the project to exceed the 40% demolition threshold. Between the extra scope, increased expense, and the additional regulations applicable upon demolition, incorporation of new, substantial sidewall jogs became impractical. As mentioned, the applicant also briefly considered additions to the front of the home. These concepts were quickly panned for being too impactful on the original design of the home and for not addressing the cramped kitchen and dining areas, which are at the rear of the property. The Residential Design Standards call for a maximum sidewall depth of 50 feet. Section 26.410.030.B1– Articulation of Building Mass states: A principal building shall be no greater than 50 feet in depth, as measured from the front most-wall of the front facade to the rear wall. The existing conditions of the structure measure the eastern sidewall at 54 feet 7½ inches, clearly greater than the standard (adopted after the home was built) mandates. The proposed remodel will not lengthen this eastern sidewall. The western sidewall, measuring at 50 feet 7½ inches in length, also will not be increased. The overall depth of the structure will be greater. This is possible by use of a chamfered corner, mimicking existing interior and exterior 45-degree angles of the current design. This design decision was prompted by the sidewall regulation but also creates an interior and exterior layout strongly preferred by the applicant. In the end, the proposed design does not change the length of any of the sidewalls. The sidewall standard, however, has been interpreted to account for the overall depth of the home, not just the length of the sidewall. So, while neither sidewall is increasing in length, the increase in the overall depth of the home necessitates this variation. The proposed design achieves that without increasing the visible mass of the house while preserving the integrity of the Teague design. Waters Ave. & front of house Exhibit B- Application P27 VI.A. Page 3 of 6 909 Waters RDS Standard of Review The Planning and Zoning Commission may authorize a variation from the Residential Design Standards if one of the two following criteria are met: LUC Section 26.410.020.D.1-2: An application requesting variation from the Residential Design Standards shall demonstrate and the deciding board shall find that the variation, if granted would: 1. Provide an alternative design approach that meets the overall intent of the standard as indicated in the intent statement for that standard, as well as the general intent statement in Section 26.410.010.A.1-3; or 2. Be clearly necessary for reasons of fairness related to unusual site- specific constraints. We believe both criteria are met – there is a clear site-specific constraint and the design approach accomplishes the intent of the sidewall requirement. The Katyal residence is an existing structure within an existing neighborhood. The Katyals are seeking an update to the property and a small addition to the rear to accommodate better living conditions for their larger family. They have never sought to demolish the house. If a full “scrape and replace” were contemplated, adherence to the sidewall regulation would be much easier as the existing site- specific constraint would be removed. The existing home is highly functional and a nice element of Aspen’s architectural inventory. Working with this existing building is unavoidable and represents a site-specific constraint. Applying new codes to existing properties necessitates flexibility and recognition of existing circumstances. The City first initiated residential design controls in 1995 through the adoption of Ordinance 30. This home was built 5 years prior to any residential design criteria. The City’s approach to Residential Design Standards has evolved with three or four versions of the Standards. Various versions of the Standards have layered on various compliance issues over the years, the current layer regarding sidewall length. The Teague-designed home is modest in its character and street presence and has fit-in with its Waters Avenue context for the past 25+ years. The adoption of the most-recent Residential Design Standards created this non-conformity. An acceptable design in this context is now non- compliant; but not by an action of the applicant. To shrink the sidewalls of the home to comply with the new standards does not appear as a fair or reasonable request. The applicant explored these options and quickly determined that it would undermine the integrity of the original Teague design. Doing so has other complications as well, including the level of demolition (exceeding the 40% threshold), the level of additional expense, the increase in project timeframe, the increased construction impacts on surrounding property owners, and the fact that the level of overall project complexity would far surpass normal, reasonable expectation. The applicant has no desire whatsoever to demolish the current home. Exhibit B- Application P28 VI.A. Page 4 of 6 909 Waters RDS Shrinking the sidewalls would have a negligible effect on the public’s view of the home. The parcel is mid-block and does no have an alley. The public has a minimal perception of the sidewall length given the aspect of the property and the view angles. Pictures to the right show the sidewall view along the east side of the property (left) and along the western side of the property (right). From the front of the house and anywhere on the street, it would be very difficult, if not impossible, to detect any change whatsoever. This is precisely the look the Katyals were seeking. The home will remain small in comparison to the context of the neighborhood. The Gant to the south, larger single-family and duplex structures, and a few multi-family buildings along Waters Avenue are larger in both footprint and height than the 909 project. The aerial view, to the right makes this clear, as the houses (including both of the neighboring houses) are far larger than the proposed design (and most all of them are more than 50 feet in depth); the home with the proposed design would remain one of the smallest homes on the street. Incorporation of the chamfered corner is a design element preferred by the applicant. This angle relates to existing internal and external ques to the Teague design and allows the addition to related to the current home. The chamfered corner is also a design approach that meets the overall intent of the sidewall length standard. By clipping this rear corner, there is essentially no visual effect of the addition. The public view from Waters Avenue will be unchanged. Three general intent statements are included in the preamble of the Residential Design Standards Chapter. They read as follows: 1. Connect to the Street. Establish a visual and/or physical connection between residences and streets and other public areas. The area between the street and the front of a residential building is a transition between the public realm of the neighborhood and the private realm of a dwelling. This transition can strongly impact the human experience of the street. Improve the street experience for pedestrians and vehicles by establishing physical and visual relationships between streets, and residential buildings located along streets. Porches, walkways from front entries to the street, and prominent windows that face the street are examples of elements that connect to the street. Exhibit B- Application P29 VI.A. Page 5 of 6 909 Waters RDS 2. Respond to Neighboring Properties. Reduce perceived mass and bulk of residential buildings from all sides. Encourage a relationship to adjacent development through similar massing and scale. Create a sense of continuity through building form and setback along the streetscape. Providing offsets or changes of plane in the building facades or reducing the height near side lot lines are examples of responding to neighboring properties. 3. Reflect Traditional Building Scale. Retain scale and proportions in building design that are in keeping with Aspen’s historic architectural tradition, while also encouraging design flexibility. Reinforce the unique character of Aspen by drawing upon the City’s vernacular architecture and neighborhood characteristics in the design of structures. Encourage creative and contemporary architecture, but at a scale that respects historic design traditions. Ensure that residential structures respond to “human- scale” in their design. Ensure that residential structures do not visually overwhelm or overshadow streets. Windows that are similar in size to those seen in historic Aspen architecture or limiting the height of a porch to be in line with the first story of a building are examples of reflecting traditional building scale. The current home presents a comfortable connection to the street. Although it has a street- facing garage, counter to a primary tenant of the Residential Design Standards, the garage has a minimal impact of the front façade. Its single-car profile and setback from the façade of the home minimize its appearance. For a property without an alley, this may be the least-intrusive street-facing garage in the community. The home presents a friendly entrance and an overall sympathetic connection to Waters Avenue. The large deck, large principal windows, and overall openness are consistent with the intent of the Residential Design Standards. No changes to the street relationship are proposed. Some expansion capability exists on this northern side of the home. However, the applicant does not want to change the front façade for fear of disrupting the Teague design and increasing the visible mass of the house. A desire to keep the Teague design intact lead to a focus on the rear of the property where improvements to the kitchen / dining room relationship can be easily addressed with no impact on the public’s view of the home. The home will continue to have a relatively small mass and scale compared with neighboring properties. Responding to neighboring properties could argue for a larger building. Multi- Family and hospitality structures in the immediate surroundings, as well as larger single-family and duplex structures, have larger footprints and heights. The existing home will continue to provide continuity in the street setback and a continuous massing along the southern edge of Waters Avenue. Exhibit B- Application P30 VI.A. Page 6 of 6 909 Waters RDS The project will continue the design aesthetic of the home, reflecting traditional building scale. The original Teague design utilized traditional building materials and forms with a contemporary, eclectic skew. This creativity added to the community’s vernacular architectural inventory. The scale of the building, placement and sizing of fenestration, and the clear break between first and second floors provides a human sale to the home and reflects, without duplicating, historic development patterns. The proposal maintains this traditional building scale sought by the Residential Design Standards and is faithful to the original design of the house and its light airy presentation. The proposed addition is as sympathetic to the Residential Design Standards as could be expected. No changes are proposed along the street. The home will continue to have a strong connection to the street, will continue its relationship with surrounding properties, and will continue to reflect the traditional building scale in Aspen. The request complies with the Standard of Review. The chamfered corner is an alternative design approach that enables the addition with no changes to current sidewall lengths. This clipped corner is also a design solution sympathetic to the Teague design and provides continuity of both interior and exterior architectural expression. The existing structure is intended to remain in place. Acknowledging the existing structure and its current dimensions is an unavoidable site-specific constraint. The owner has no desire to demolish this home; becoming mandatory if strict adherence to the sidewall length standard is required. We believe the Planning and Zoning Commission’s issuance of this variation is well within the spirit and intent of the City’s Residential Design Standards. It would be defensible from a Standard of Review standpoint as well as consistent with the desire to maintain enjoyable streetscapes in Aspen’s residential neighborhoods. We look forward to your review and commentary and an opportunity to discuss this request with the Planning and Zoning Commission. Please let us know if we can provide additional information, if we can assist with a site visit, or if we can respond to your input in any way. Sincerely, Chris Bendon, AICP BendonAdams Exhibits: 1. Application Form 2. RDS Checklist 3. RDS Interpretation 4. Authorization to Represent 5. Agreement to Pay 6. HOA Form 7. Proof of Ownership 8. Pre-Application Summary 9. Vicinity Map 10. Survey 11. Drawing Set Exhibit B- Application P31 VI.A. November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE APPLICATION Project Name and Address:____________________________________________________ APPLICANT: Name: Address: _______________________________________________________________________________________________ REPRESENTIVATIVE: Name: _________________________________________________________________________________________________ Address:________________________________________________________________________________________________ Phone#: _____________________________ email:___________________________________ Review: Administrative or Board Review Have you included the following?FEES DUE: $ ______________ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage _________ Lodge Pillows______ Free Market dwelling units ______ Affordable Housing dwelling units_____ Essential Public Facility square footage ________ _____________________909 Waters Avenue Parcel ID # (REQUIRED) 2737-182-81-003 ________________________________________________________________________ Phone #: Email: BendonAdams 300 South Spring Street Suite 202, Aspen CO 81611 970.925.2855 Ext 3 reilly@bendonadams.com Description: Existing and Proposed Conditions Single-family residence proposed for remodel and additional along the rear of the property. RDS variation of sidewall length request. Application proposes landing a TDR. RDS Variation xxxx 3,250.00 Exhibit 1 909 Waters LLC, a Colorado Limited Liability Company / Neal Katyal 909 Waters Avenue, Aspen CO, 81611 202.903.7800 katyaln@law.georgetown.edu na na 1, existing 0 na Exhibit B- Application P32 VI.A. Residential Design Standards Administrative Compliance Review Applicant Checklist Standard Complies Alternative Compliance N/A Sheet #(s)/Notes B.1.Articulation of Building Mass (Non-flexible) B.2.Building Orientation (Flexible) B.3.Build-to Requirement (Flexible) B.4.One Story Element (Flexible) C.1.Garage Access (Non-flexible) C.2.Garage Placement (Non-flexible) C.3.Garage Dimensions (Flexible) Instructions: Please fill out the checklist below, marking whether the proposed design complies with the applicable standard as written or is requesting Alternative Compliance (only permitted for Flexible standards). Also include the sheet #(s) demonstrating the applicable standard. If a standard does not apply, please mark N/A and include in the Notes section why it does not apply. If Alternative Compliance is requested for a Flexible standard, include in the Notes section how the proposed design meets the intent of the standard(s). Additional sheets/graphics may be attached. Disclaimer: This application is only valid for the attached design. If any element of the design subject to Residential Design Standards changes prior to or during building permit review, the applicant shall be required to apply for a new Administrative Compliance Review. Address: Parcel ID: Zone District/PD: Representative: Email: Phone: Page 1 of 2 Exhibit 2Exhibit B- Application P33VI.A. Standard Complies Alternative Compliance N/A Sheet #(s)/Notes C.4.Garage Door Design (Flexible) D.1.Entry Connection (Non-flexible) D.2.Door Height (Flexible) D.3.Entry Porch (Flexible) E.1.Principle Window (Flexible) E.2.Window Placement (Flexible) E.3.Nonorthogonal Window Limit (Flexible) E.4.Lightwell/Stairwell Location (Flexible) E.5.Materials (Flexible) Residential Design Standards Administrative Compliance Review Applicant Checklist Disclaimer: This application is only valid for the attached design. If any element of the design subject to Residential Design Standards changes prior to or during building permit review, the applicant shall be required to apply for a new Administrative Compliance Review. Page 2 of 2 Exhibit B- Application P34VI.A. Exhibit 3 Exhibit B- Application P35 VI.A. Exhibit B- Application P36 VI.A. Exhibit B- Application P37 VI.A. Exhibit 4Exhibit B- Application P38 VI.A. Exhibit 5Exhibit B- Application P39 VI.A. Exhibit 6Exhibit B- Application P40 VI.A. Exhibit 7 Exhibit B- Application P41 VI.A. PRE-APPLICATION CONFERENCE SUMMARY DATE: August 27, 2018 PLANNER: Kevin Rayes, 429.2797 PROJECT NAME AND ADDRESS: 909 Waters Avenue- RDS Variation PARCEL ID# 2737-182-81-003 REPRESENTATIVE: Kim Raymond, Kim Raymond Architects & Interiors DESCRIPTION: (Existing and Proposed Conditions) The potential applicant is interested in requesting a variation from the Residential Design Standards for the remodel of a single-family dwelling located at 909 Waters Avenue, zoned R-15. This lot is located inside the Aspen Infill Area. The existing single-family dwelling (built prior to existing RDS) exceeds the 50-ft. maximum sidewall depth prescribed in the current Residential Design Standards. The proposed remodel project would add to the existing sidewall depth and contribute to the non-compliance of the dwelling. The proposed project requires a variation for the following standard: 1.26.410.030.B.1 – Articulation of Building Mass (Non-flexible) Non-flexible standards are those standards that shall be met by all projects subject to the Residential Design Standards, with no Alternative Compliance permitted. If the application is found to be inconsistent with any of the Non-flexible Standards as written, the applicant may either amend their proposal or seek variation, pursuant to Section 26.410.020.C, Variations. A variation requires review by the Planning and Zoning Commission at a public hearing. An application requesting a variation from the Residential Design Standards shall demonstrate and the Planning and Zoning Commission shall find that the variation, if granted would: 1.Provide an alternative design approach that meets the overall intent of the standard as indicated in the intent statement for that standard, as well as the general intent statements in Section 26.410.010.A.1-3; or 2.Be clearly necessary for reasons of fairness related to unusual site-specific constraints Land Use Code Section(s) 26.304 Common Development Review Procedures 26.410 Residential Design Standards For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code REVIEW BY: •Staff for Complete Application •Planning and Zoning Commission REQUIRED LAND USE REVIEW(S): •None Exhibit 8Exhibit B- Application P42 VI.A. PUBLIC HEARING: Yes, Planning and Zoning Commission It is the responsibility of applicant to coordinate with Planning staff to meet the notice requirements for the public hearing: GROWTH MANAGEMENT QUOTA SYSTEM: Yes, if there is an addition of floor area related to the remodeling of the single-family dwelling PLANNING FEES: $3,250 deposit for 10 hours of staff time (additional/fewer hours will be billed/refunded at a rate of $325 per hour) REFERRAL FEES: No. TOTAL DEPOSIT: $3,250 APPLICATION CHECKLIST – These items should first be submitted in a paper copy.  Completed Land Use Application and signed Fee Agreement.  Pre-application Conference Summary (this document).  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, 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.  Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant.  HOA Compliance form (Attached to Application).  A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado.  A written description of the proposed remodel an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property.  Completed copy of the Residential Design Standard Checklist: https://www.cityofaspen.com/DocumentCenter/View/1697/RDS-Application-Packet---SF-DX  Written responses to applicable review criteria. Exhibit B- Application P43 VI.A. Depending on further review of the case, additional items may be requested of the application. Once the application is deemed complete by staff, the applicant/applicant’s representative will receive an e -mail requesting submission of an electronic copy of the complete application and the deposit. Once the deposit is received, the case will be assigned to a planner and the land use review will begin. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summar y 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. Exhibit B- Application P44 VI.A. Exhibit 9 909 Waters Avenue – Vicinity Map Exhibit B- Application P45 VI.A. Exhibit 10Exhibit B- ApplicationP46VI.A. Scale: AS NOTED ISSUE RDS VARIANCE SUBMITTALKATYAL RESIDENCE 909 WATERS AVENUE ASPEN, CO 81611 PITKIN COUNTY, CO 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. G.0.01 9/24/18 GENERAL INFORMATION DATE 9/20/18 KIM RAYMOND ARCHITECTS, INC. | 300 E. HYMAN AVENUE, SUITE 100 | | www.kimraymondarchitects.com | | 970-925-2252 | G.1.01 GENERAL INFORMATION A.1.01 EXISTING SITE PLAN A.1.02 PROPOSE SITE PLAN A.1.03 PROPOSED FLOOR AREA CALCULATIONS A.2.01 EXISTING LOWER LEVEL A.2.02 EXISTING MAIN LEVEL A.2.03 EXISTING UPPER LEVEL A.2.04 EXISTING ROOF LEVEL A.2.05 PROPOSED LOWER LEVEL A.2.06 PROPOSED MAIN LEVEL A.2.07 PROPOSED UPPER LEVEL A.2.08 PROPOSED OFFICE LEVEL A.2.09 PROPOSED ROOF LEVEL A.3.01 EXISTING ELEVATIONS A.3.02 EXISTING ELEVATIONS A.3.03 PROPOSED ELEVATIONS A.3.04 PROPOSED ELEVATIONS A.9.01 3D: EXISTING A.9.02 3D: PROPOSED A.9.03 NEIGHBORHOOD CONTEXT KATYAL RESIDENCE SHEET INDEX 909 WATERS AVENUE ASPEN, CO 81611 RDS APPLICATION SET Exhibit 11Exhibit B- Application P47 VI.A. Scale: AS NOTED ISSUE RDS VARIANCE SUBMITTALKATYAL RESIDENCE 909 WATERS AVENUE ASPEN, CO 81611 PITKIN COUNTY, CO 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. A.1.01 9/24/18 EXISTING SITE PLAN DATE 9/20/18 KIM RAYMOND ARCHITECTS, INC. | 300 E. HYMAN AVENUE, SUITE 100 | | www.kimraymondarchitects.com | | 970-925-2252 | 7910 79 1 1 79 1 2 79137914 7915WATERS AVENUE GRAVEL PARKINGGRAVEL PARKING TREE TO BE REMOVED TREE TO BE REMOVED TREE TO BE REMOVED FLAT ROOF SLOPED ROOFBELOWSLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0"SETBACK LINEPROPERTY LINESETBACK LINE PROPERTY LINE SETBACK LINESETBACK LINE SCALE: 1/8" = 1'-0"1 EXISTING SITE PLAN Exhibit B- Application P48 VI.A. Scale: AS NOTED ISSUE RDS VARIANCE SUBMITTALKATYAL RESIDENCE 909 WATERS AVENUE ASPEN, CO 81611 PITKIN COUNTY, CO 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. A.1.02 9/24/18 PROPOSED SITE PLAN DATE 9/20/18 KIM RAYMOND ARCHITECTS, INC. | 300 E. HYMAN AVENUE, SUITE 100 | | www.kimraymondarchitects.com | | 970-925-2252 | 7910 79 1 1 79 1 2 79137914 7915WATERS AVENUE GRAVEL PARKINGGRAVEL PARKING SLOPE3 1/2" : 1'-0"LOWER & MAIN LEVEL FIREPLACE POWER VENTED FLUES RADON PIPE TERMINATION FLAT ROOF 6 SOLAR P A N E L S , 3 5 ° TI L T, 0 ° O F F T R U E S O U T H FLAT ROOF SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0"SETBACK LINEPROPERTY LINESETBACK LINE PROPERTY LINE SETBACK LINESETBACK LINE FLAT ROOF SLOPED ROOF SLOPED ROOF SLOPED ROOF SLOPED ROOF SLOPED ROOF SCALE: 1/8" = 1'-0"1 PROPOSED SITE PLAN Exhibit B- Application P49 VI.A. Scale: AS NOTED ISSUE RDS VARIANCE SUBMITTALKATYAL RESIDENCE 909 WATERS AVENUE ASPEN, CO 81611 PITKIN COUNTY, CO 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. A.1.03 9/24/18 PROPOSED FLOOR AREA CALCULATIONS DATE 9/20/18 KIM RAYMOND ARCHITECTS, INC. | 300 E. HYMAN AVENUE, SUITE 100 | | www.kimraymondarchitects.com | | 970-925-2252 | 281 sq ft 283 sq ft 113 sq ft 373 sq ft 406 sq ft 35 sq ft 35 sq ft 175 sq ft 20 sq ft 22 sq ft 22 sq ft 359 sq ft 10'-5 3/8"26'-10 1/2"27'-1 1/2"10'-9 1/2"9'-8 3/4"38'-4"9'-8 3/4"10'-5 3/8"39'-9 3/4"3'-4"3'-4"16'-9 1/2" 35'-0" 1 2 3 5 6 7 4 8 9 22 sq ft FLOOR AREA CALCULATIONS CITY OF ASPEN ZONING SUBMISSION SUBGRADE LEVEL WALL LABEL TOTAL WALL AREA (SQ. FT.) EXPOSED WALL AREA (SQ. FT.) 1 281 0 2 283 0 3 113 0 4 359 22 5 373 0 6 406 20 7 35 22 8 35 22 9 175 0 OVERALL TOTAL WALL AREA (SQ. FT.)2060 EXPOSED WALL AREA (SQ. FT.)86 % OF EXPOSED WALL (EXPOSED/TOTAL)4.17% SUBGRADE GROSS FLOOR AREA (SQ. FT.)2217 SUBGRADE COUNTABLE FLOOR AREA (SQ. FT.)92.55436893 LOWER LEVEL FLOOR AREA (SQ. FT.) 93 MAIN LEVEL FLOOR AREA (SQ. FT.)1527 UPPER LEVEL FLOOR AREA (SQ. FT.)1625 OFFICE LEVEL FLOOR AREA (SQ. FT.)79 GARAGE FLOOR AREA 164.5 DECK FLOOR AREA (15% OF 3490 = 523.5) 522 SQ. FT. 0 EXEMPT TOTAL PROPOSED FLOOR AREA (SQ. FT.)3488.5 (3490 ALLOWED w/ TDR) TOTAL PROPOSED FLOOR AREA CALCULATIONS PROPOSED SUBGRADE LEVEL EXPOSED WALL CALCULATIONS BATHROOM 4 LAUNDRY BEDROOM 4 BUNKROOM BEDROOM 5 FAMILY ROOM BUNK BATH CLOSET 4 POWDER 2 3 78 9 GARAGE ABOVE WC SHOWER BUNKROOM CLOSET QUEEN BUNKQUEEN BUNK QUEEN BUNK STORAGE LINEN EXTRA MECH. STORAGE UNDERSTAIRS IF NEEDED 4 STUDY & STORAGE 6 STORAGE 2,217 sq ft SETBACK LINESETBACK LINE MECHANICAL 1 5SETBACK LINESETBACK LINE 329 sq ft50% COUNTS=164.5 sq ft 80 sq ft UP DN 1,527 sq ft 11 sq ftEXEMPTSTORAGE 109 sq ftOF ADDED NETLIVABLE SQ. FT.SETBACK LINESETBACK LINE SETBACK LINESETBACK LINE 158 sq ft DN MASTER BEDROOM OPEN TO BELOW BEDROOM 1 BEDROOM 2 BEDROOM 3 CLOSET MASTER BATH CLOSET BATH 3 BATH 2 BATH 1 UP DECK 1,625 sq ft 56 sq ftOF ADDED NETLIVABLE SQ. FT. 54 sq ftOF ADDED OPENTO BELOW SQ. FT.SETBACK LINESETBACK LINE SETBACK LINESETBACK LINEDN UP 79 sq ft 284 sq ft SETBACK LINESETBACK LINE SETBACK LINESETBACK LINE SCALE: 1/16" = 1'-0"1 PROPOSED FAR ELEVATIONS SCALE: 1/16" = 1'-0"2 PROPOSED LOWER LEVEL FAR SCALE: 1/16" = 1'-0"3 PROPOSED MAIN LEVEL FAR SCALE: 1/16" = 1'-0"4 PROPOSED UPPER LEVEL FAR SCALE: 1/16" = 1'-0"5 PROPOSED ROOF LEVEL FAR Exhibit B- Application P50 VI.A. Scale: AS NOTED ISSUE RDS VARIANCE SUBMITTALKATYAL RESIDENCE 909 WATERS AVENUE ASPEN, CO 81611 PITKIN COUNTY, CO 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. A.2.01 9/24/18 EXISTING LOWER LEVEL DATE 9/20/18 KIM RAYMOND ARCHITECTS, INC. | 300 E. HYMAN AVENUE, SUITE 100 | | www.kimraymondarchitects.com | | 970-925-2252 | D01 D04D03D02 D05 40'-0" 12'-5 1/2"15'-1"12'-5 1/2" 40'-0" 12'-5 1/2"15'-1"12'-5 1/2"4'-0"12'-0"18'-1 1/2"13'-10 1/2"6'-7 1/2"4'-0"12'-0"18'-1 1/2"13'-10 1/2"6'-7 1/2"54'-7 1/2"4'-0"50'-7 1/2"STORAGE STORAGE STORAGE FURNACE ROOM MECHANICAL ROOM CRAWLSPACE GARAGE ABOVE 1A.3.022A.3.022A.3.011 A.3.01 F F 1 1 4 4 A A B B 2 2 3 3 C C D D E E 1A.401 1A.401 2A.401 2A.401 3A.401 3A.401 4A.401 4A.401 SETBACK LINEPROPERTY LINESETBACK LINE PROPERTY LINE SETBACK LINESETBACK LINE PROPERTY LINEPROPERTY LINE1A.4.02 1A.4.02 2A.4.02 2A.4.02 SCALE: 1/8" = 1'-0"1 EXISTING LOWER LEVEL Exhibit B- Application P51 VI.A. Scale: AS NOTED ISSUE RDS VARIANCE SUBMITTALKATYAL RESIDENCE 909 WATERS AVENUE ASPEN, CO 81611 PITKIN COUNTY, CO 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. A.2.02 9/24/18 EXISTING MAIN LEVEL DATE 9/20/18 KIM RAYMOND ARCHITECTS, INC. | 300 E. HYMAN AVENUE, SUITE 100 | | www.kimraymondarchitects.com | | 970-925-2252 | D12 D20W29W11 W12 W13 W14 W15W14W14W14 D11 D13 W16W16W16W17W28W27W26W21W22W23W24W25D16 W19W18D14D17W20W20D15D21D19 D18 D2240'-0"54'-7 1/2"4'-0"12'-0"18'-1 1/2"13'-10 1/2"6'-7 1/2"12'-5 1/2"15'-1"12'-5 1/2"4'-0"12'-0"18'-1 1/2"13'-10 1/2"6'-7 1/2"40'-0" 12'-5 1/2"15'-1"12'-5 1/2"4'-0"50'-7 1/2"1A.3.022A.3.022A.3.011 A.3.01 UP GARAGE LAUNDRY DN KITCHEN OFFICE POWDER AV DINING LIVING ENTRY DRIVEWAYENTRY PATIO PATIO DW F F 1 1 4 4 A A B B 2 2 3 3 C C D D E E 1A.401 1A.401 2A.401 2A.401 3A.401 3A.401 4A.401 4A.401 1A.4.02 1A.4.02 2A.4.02 2A.4.02 SETBACK LINEPROPERTY LINESETBACK LINE PROPERTY LINE SETBACK LINESETBACK LINE SCALE: 1/8" = 1'-0"1 EXISTING MAIN LEVEL Exhibit B- Application P52 VI.A. Scale: AS NOTED ISSUE RDS VARIANCE SUBMITTALKATYAL RESIDENCE 909 WATERS AVENUE ASPEN, CO 81611 PITKIN COUNTY, CO 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. A.2.03 9/24/18 EXISTING UPPER LEVEL DATE 9/20/18 KIM RAYMOND ARCHITECTS, INC. | 300 E. HYMAN AVENUE, SUITE 100 | | www.kimraymondarchitects.com | | 970-925-2252 | W41 W42W44 W47 W54W52W48W50W53W51W49W57W61 W60 W59 W58D31 W63W66W65W64 D35D33D36 D34W43W45W46D33 D38D37D41D50 D40D48 D49D47D46D44D45 W55 D39 D32 D43D42 1A.3.022A.3.022A.3.011 A.3.01 40'-0" 40'-0" 12'-5 1/2"15'-1"12'-5 1/2"54'-7 1/2"4'-0"12'-0"18'-1 1/2"13'-10 1/2"6'-7 1/2"4'-0"50'-7 1/2"4'-0"12'-0"18'-1 1/2"13'-10 1/2"6'-7 1/2"12'-5 1/2"15'-1"12'-5 1/2" CLOSET CLOSET MASTER BATHOPEN TO BELOW DN BEDROOM 1 BEDROOM 2 BEDROOM 3 MASTER BEDROOM BATH 3 DECK BATH 2 BATH 1 W62W62W62W62W62W62W62F F 1 1 4 4 A A B B 2 2 3 3 C C D D E E 1A.401 1A.401 2A.401 2A.401 3A.401 3A.401 4A.401 4A.401 1A.4.02 1A.4.02 2A.4.02 2A.4.02 SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0"SETBACK LINEPROPERTY LINESETBACK LINE PROPERTY LINE SETBACK LINESETBACK LINESCALE: 1/8" = 1'-0"1 EXISTING UPPER LEVEL Exhibit B- Application P53 VI.A. Scale: AS NOTED ISSUE RDS VARIANCE SUBMITTALKATYAL RESIDENCE 909 WATERS AVENUE ASPEN, CO 81611 PITKIN COUNTY, CO 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. A.2.04 9/24/18 EXISTING ROOF LEVEL DATE 9/20/18 KIM RAYMOND ARCHITECTS, INC. | 300 E. HYMAN AVENUE, SUITE 100 | | www.kimraymondarchitects.com | | 970-925-2252 | W56 1A.3.022A.3.022A.3.011 A.3.01 40'-0" 40'-0" 12'-5 1/2"15'-1"12'-5 1/2" 12'-5 1/2"15'-1"12'-5 1/2"54'-7 1/2"4'-0"12'-0"18'-1 1/2"13'-10 1/2"6'-7 1/2"54'-7 1/2"4'-0"12'-0"18'-1 1/2"13'-10 1/2"6'-7 1/2"F F 1 1 4 4 A A B B 2 2 3 3 C C D D E E 1A.401 1A.401 2A.401 2A.401 3A.401 3A.401 4A.401 4A.401 1A.4.02 1A.4.02 2A.4.02 2A.4.02 ROOF DRAIN ROOF DRAIN EXISTING FIREPLACE FLUE TO BE REMOVED SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0"SETBACK LINEPROPERTY LINESETBACK LINE PROPERTY LINE SETBACK LINESETBACK LINE SCALE: 1/8" = 1'-0"1 EXISTING ROOF PLAN Exhibit B- Application P54 VI.A. Scale: AS NOTED ISSUE RDS VARIANCE SUBMITTALKATYAL RESIDENCE 909 WATERS AVENUE ASPEN, CO 81611 PITKIN COUNTY, CO 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. A.2.05 9/24/18 PROPOSED LOWER LEVEL DATE 9/20/18 KIM RAYMOND ARCHITECTS, INC. | 300 E. HYMAN AVENUE, SUITE 100 | | www.kimraymondarchitects.com | | 970-925-2252 |DOUBLESTACKEDWASHER/DRYERW01D14W04W03W02D07D03D11D09D12D05D04D01D02 D08 D13D10D0640'-0" 12'-5 1/2"15'-1"12'-5 1/2" 40'-0" 12'-5 1/2"15'-1"12'-5 1/2"8'-0"62'-7 1/2"4'-0"12'-0"18'-1 1/2"13'-10 1/2"6'-7 1/2"8'-0"62'-7 1/2"4'-0"12'-0"18'-1 1/2"13'-10 1/2"6'-7 1/2"15'-11 5/8"4 3/4"15'-2 1/8"9'-11 1/4"12'-11 3/4"6'-6"5'-6 1/4"3'-3 3/8" 14'-7 3/8"10'-10"13'-10 1/4"7'-5 3/4"3'-4"3'-6"8'-11 1/8"5'-6 1/4"13'-11 1/4"8'-8"25'-11 1/2"3'-11"6'-2 1/4"6'-7 7/8" 17'-11 3/8" 4'-4" NEW RADON PIPE WINDOW WELL WINDOW WELL UP BATHROOM 4 LAUNDRY BEDROOM 4 BUNKROOM BEDROOM 5 FAMILY ROOM BUNK BATH CLOSET 4 WET BAR WINDOW WELLORTAL 150 FRONT FACINGCLEAR 200 GAS FIREPLACEPOWDER GARAGE ABOVE WC SHOWER BUNKROOM CLOSET QUEEN BUNKQUEEN BUNK QUEEN BUNK STORAGE LINEN EXTRA MECH. STORAGE UNDER STAIRS IF NEEDED KING BED STUDY & STORAGE STORAGE 1A.3.022A.3.022A.3.011 A.3.01 F F 1 1 4 4 A A B B 2 2 3 3 C C D D E E G G 14'-5 3/8" 12'-11 1/4" 1A.401 1A.401 2A.401 2A.401 3A.401 3A.401 4A.401 4A.401 SETBACK LINEPROPERTY LINESETBACK LINE PROPERTY LINE MECHANICAL GLASSWINE CABINETTV ART WALLART WALL ART WALLSETBACK LINESETBACK LINE PROPERTY LINEPROPERTY LINE1A.4.02 1A.4.02 2A.4.02 2A.4.02 SCALE: 1/8" = 1'-0"1 PROPOSED LOWER LEVEL Exhibit B- Application P55 VI.A. Scale: AS NOTED ISSUE RDS VARIANCE SUBMITTALKATYAL RESIDENCE 909 WATERS AVENUE ASPEN, CO 81611 PITKIN COUNTY, CO 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. A.2.06 9/24/18 PROPOSED MAIN LEVEL DATE 9/20/18 KIM RAYMOND ARCHITECTS, INC. | 300 E. HYMAN AVENUE, SUITE 100 | | www.kimraymondarchitects.com | | 970-925-2252 | D30 D31D20D29D26D27D28 W25W24W26W28W11 W12 W27W13 W14 W15 D20 D21 W22 D23 W19W21W20W23 D24 W16W17W18D22 40'-0"4'-0"12'-0"18'-1 1/2"13'-10 1/2"6'-7 1/2"12'-5 1/2"15'-1"12'-5 1/2"8'-0"54'-7 1/2"8'-0"8'-0"4'-0"50'-7 1/2"4'-0"12'-0"18'-1 1/2"13'-10 1/2"6'-7 1/2"40'-0" 12'-5 1/2"15'-1"12'-5 1/2"14'-0"1A.3.022A.3.022A.3.011 A.3.01 NEW RADON PIPE LOCATION OF EXISTING CORNER LOCATION OF EXISTING CORNER GARAGE UP DN POWDER ENTRY CLOSET WALL OF CUBBIESBEHIND PANELINGOFFICE STORAGE BUTLER'S PANTRY KITCHEN DINING LIVING OVEN STACK REF./ FRZ.GLASS WALL OR RAILINGART OR SPECIAL WALL FROSTED GLASS WALL BUFFETBENCH BOOTWARMERORTAL 150 FRONT FACINGCLEAR 150 GAS FIREPLACEDRIVEWAYENTRY PATIO NEW WOOD DECKING SUSPENDED ABOVE SLAB (OVER LIVING SPACE) PATIO DINING DW DWTRASHF F 1 1 4 4 A A B B 2 2 3 3 C C D D E E G G 1A.401 1A.401 2A.401 2A.401 3A.401 3A.401 4A.401 4A.4013'-6"3'-8" 1A.4.02 1A.4.02 2A.4.02 2A.4.02 109 sq ftOF ADDED NETLIVABLE SQ. FT. TV SETBACK LINEPROPERTY LINESETBACK LINE PROPERTY LINE SETBACK LINESETBACK LINE SCALE: 1/8" = 1'-0"1 PROPOSED MAIN LEVEL Exhibit B- Application P56 VI.A. Scale: AS NOTED ISSUE RDS VARIANCE SUBMITTALKATYAL RESIDENCE 909 WATERS AVENUE ASPEN, CO 81611 PITKIN COUNTY, CO 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. A.2.07 9/24/18 PROPOSED UPPER LEVEL DATE 9/20/18 KIM RAYMOND ARCHITECTS, INC. | 300 E. HYMAN AVENUE, SUITE 100 | | www.kimraymondarchitects.com | | 970-925-2252 | STACKED WASHER & DRYERD43D44D42D41D46D45 D49D54 D53D48 D55D52W59 W58W62W64W63W61W41 W48 W49W50W51W54W52W53W55W68W67W66W65 W42W44 W45 W43W46W47D47 D40 D51D50 W60D561A.3.022A.3.022A.3.011 A.3.01 40'-0" 40'-0" 12'-5 1/2"15'-1"12'-5 1/2"4'-0"12'-0"18'-1 1/2"13'-10 1/2"6'-7 1/2"4'-0"12'-0"18'-1 1/2"13'-10 1/2"6'-7 1/2"12'-5 1/2"15'-1"12'-5 1/2"8'-0"54'-7 1/2"8'-0"8'-0"4'-0"50'-7 1/2"8'-0"15'-3 1/4" 6'-6 1/2"4'-0"EXISTING CORNER TONEW REAR FACADENEW RADON PIPE LOCATION OF EXISTING CORNER LOCATION OF EXISTING CORNER DN MASTER BEDROOM STEAM SHOWER BENCHBENCHFULL LENGTH MIRROR OPEN TO BELOW WC ORTAL 150 FRONT FACING GAS FIREPLACE BEDROOM 1 BEDROOM 2 BEDROOM 3 CLOSET MASTER BATH CLOSET BATH 3 BENCH BENCH BENCH BATH 2 BATH 1 UP DECK W57 W56D39F F 1 1 4 4 A A B B 2 2 3 3 C C D D E E G G 1A.401 1A.401 2A.401 2A.401 3A.401 3A.401 4A.401 4A.401 1A.4.02 1A.4.02 2A.4.02 2A.4.02 6'-5 3/4"4'-5 1/4"56 sq ftOF ADDED NETLIVABLE SQ. FT. 54 sq ftOF ADDED OPENTO BELOW SQ. FT. DASHED LINE INDICATES SKYLIGHT ABOVE MAY REQUIRE CURB MAY REQUIRE CURB MAY REQUIRE CURB NO CURB IN MASTER TV SETBACK LINEPROPERTY LINESETBACK LINE PROPERTY LINE SETBACK LINESETBACK LINESCALE: 1/8" = 1'-0"1 PROPOSED UPPER LEVEL Exhibit B- Application P57 VI.A. Scale: AS NOTED ISSUE RDS VARIANCE SUBMITTALKATYAL RESIDENCE 909 WATERS AVENUE ASPEN, CO 81611 PITKIN COUNTY, CO 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. A.2.08 9/24/18 PROPOSED OFFICE LEVEL DATE 9/20/18 KIM RAYMOND ARCHITECTS, INC. | 300 E. HYMAN AVENUE, SUITE 100 | | www.kimraymondarchitects.com | | 970-925-2252 | W56W73W73 1A.3.022A.3.022A.3.011 A.3.01 40'-0" 40'-0" 12'-5 1/2"15'-1"12'-5 1/2" 12'-5 1/2"15'-1"12'-5 1/2"4'-0"12'-0"18'-1 1/2"13'-10 1/2"6'-7 1/2"4'-0"12'-0"18'-1 1/2"13'-10 1/2"6'-7 1/2"8'-0"8'-0"54'-7 1/2"8'-0"4'-0"50'-7 1/2"8'-0"FLAT ROOF OFFICE 6 SOLAR P A N E L S, 3 5 ° TI L T, 0° O F F T R U E S O U T H DN UP ROOF DECK W71 W70 D60 F F 1 1 4 4 A A B B 2 2 3 3 C C D D E E G G 1A.401 1A.401 2A.401 2A.401 3A.401 3A.401 4A.401 4A.401 1A.4.02 1A.4.02 2A.4.02 2A.4.02 ROOF DRAIN RADON PIPE VENTS OUT EXISTING ROOF LOWER & MAIN LEVEL FIREPLACE POWER VENTED FLUES ROOF DRAIN SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0"SETBACK LINEPROPERTY LINESETBACK LINE PROPERTY LINE SETBACK LINESETBACK LINE SCALE: 1/8" = 1'-0"1 PROPOSED OFFICE PLAN Exhibit B- Application P58 VI.A. Scale: AS NOTED ISSUE RDS VARIANCE SUBMITTALKATYAL RESIDENCE 909 WATERS AVENUE ASPEN, CO 81611 PITKIN COUNTY, CO 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. A.2.09 9/24/18 PROPOSED ROOF LEVEL DATE 9/20/18 KIM RAYMOND ARCHITECTS, INC. | 300 E. HYMAN AVENUE, SUITE 100 | | www.kimraymondarchitects.com | | 970-925-2252 | 1A.3.022A.3.022A.3.011 A.3.01 FLAT ROOF ROOF DECK FLAT ROOF F F 1 1 4 4 A A B B 2 2 3 3 C C D D E E G G 1A.401 1A.401 2A.401 2A.401 3A.401 3A.401 4A.401 4A.401 1A.4.02 1A.4.02 2A.4.02 2A.4.02 SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0" SLOPE 1'-0" : 1'-0"SLOPE3 1/2" : 1'-0"SCALE: 1/8" = 1'-0"1 PROPOSED ROOF PLAN Exhibit B- Application P59 VI.A. Scale: AS NOTED ISSUE RDS VARIANCE SUBMITTALKATYAL RESIDENCE 909 WATERS AVENUE ASPEN, CO 81611 PITKIN COUNTY, CO 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. A.3.01 9/24/18 EXISTING ELEVATIONS DATE 9/20/18 KIM RAYMOND ARCHITECTS, INC. | 300 E. HYMAN AVENUE, SUITE 100 | | www.kimraymondarchitects.com | | 970-925-2252 | 4 4 3 3 2 2 1 1 PROPERTY LINESETBACK LINEPROPERTY LINESETBACK LINED11 W11W12 W13 D12 D13 W45W46W47 W44 W41W42W43 T.O. MAIN LEVEL PLY 100'-0" T.O. UPPER LEVEL PLY 109'-5" T.O. MAIN LEVEL PLY 100'-0" T.O. UPPER LEVEL PLY 109'-5" TOP PLATE @ GABLE ROOFS 117'-6" T.O. SLAB @ BASEMENT 90'-10 1/4" TOP PLATE @ GABLE ROOFS 117'-6" T.O. SLAB @ BASEMENT 90'-10 1/4" F F B B A A E E D D C CSETBACK LINESETBACK LINEW16W17W18 W48W49W50W51W52W53W54 W16W16W19D14 T.O. MAIN LEVEL PLY 100'-0" T.O. UPPER LEVEL PLY 109'-5" T.O. SLAB @ BASEMENT 90'-10 1/4" TOP PLATE @ GABLE ROOFS 117'-6" TOP PLATE @ GABLE ROOFS 117'-6" T.O. MAIN LEVEL PLY 100'-0" T.O. UPPER LEVEL PLY 109'-5" T.O. SLAB @ BASEMENT 90'-10 1/4" SCALE: 1/8" = 1'-0"1 EXISTING NORTH ELEVATION SCALE: 1/8" = 1'-0"2 EXISTING EAST ELEVATION Exhibit B- Application P60 VI.A. Scale: AS NOTED ISSUE RDS VARIANCE SUBMITTALKATYAL RESIDENCE 909 WATERS AVENUE ASPEN, CO 81611 PITKIN COUNTY, CO 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. A.3.02 9/24/18 EXISTING ELEVATIONS DATE 9/20/18 KIM RAYMOND ARCHITECTS, INC. | 300 E. HYMAN AVENUE, SUITE 100 | | www.kimraymondarchitects.com | | 970-925-2252 | 1 1 4 4 2 2 3 3PROPERTY LINESETBACK LINEPROPERTY LINESETBACK LINEW20W20W21W22W23W24W25 W61 W63 W60 W59 W58 W57 W56 D15D16 D31 W55 D60 T.O. MAIN LEVEL PLY 100'-0" T.O. UPPER LEVEL PLY 109'-5" T.O. MAIN LEVEL PLY 100'-0" T.O. UPPER LEVEL PLY 109'-5" TOP PLATE @ GABLE ROOFS 117'-6" TOP PLATE @ GABLE ROOFS 117'-6" T.O. SLAB @ BASEMENT 90'-10 1/4" T.O. SLAB @ BASEMENT 90'-10 1/4" FABCDE SETBACK LINESETBACK LINEW26 W27W28W29 D15 W62W62W62W62W62W62W62W64W65 W66 TOP PLATE @ GABLE ROOFS 117'-6" T.O. MAIN LEVEL PLY 100'-0" T.O. UPPER LEVEL PLY 109'-5" T.O. SLAB @ BASEMENT 90'-10 1/4" T.O. MAIN LEVEL PLY 100'-0" T.O. UPPER LEVEL PLY 109'-5" T.O. SLAB @ BASEMENT 90'-10 1/4" TOP PLATE @ GABLE ROOFS 117'-6" SCALE: 1/8" = 1'-0"1 EXISTING SOUTH ELEVATION SCALE: 1/8" = 1'-0"2 EXISTING WEST ELEVATION Exhibit B- Application P61 VI.A. Scale: AS NOTED ISSUE RDS VARIANCE SUBMITTALKATYAL RESIDENCE 909 WATERS AVENUE ASPEN, CO 81611 PITKIN COUNTY, CO 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. A.3.03 9/24/18 PROPOSED ELEVATIONS DATE 9/20/18 KIM RAYMOND ARCHITECTS, INC. | 300 E. HYMAN AVENUE, SUITE 100 | | www.kimraymondarchitects.com | | 970-925-2252 | 4 4 3 3 2 2 1 1 PROPERTY LINEPROPERTY LINEW11W12 W13 W41W42W43W44W45W46W47W48 D21 D20 NEW ALUMINUM CLADDED WINDOWS, COLOR TBD EXISTING GABLE ROOF TO REMAIN NEW WOOD SIDING SOLAR PANELS BEHIND EXISTING GABLE ROOF LOWER LEVEL & MAIN LEVEL FIREPLACE FLUE TERMINATIONS WOOD SIDING ON ROOF ADDITION NEW WINDOWS, COLOR TBD NEW ALUMINUM CLADDED WINDOWS, COLOR TBD NEW ALUMINUM CLADDED GARAGE DOOR, COLOR TBD NEW FIBER CEMENT SIDING AT ENTRY STEEL COLUMNS TO REPLACE EXISTING WOOD COLUMNS STEEL COLUMNS TO REPLACE EXISTING WOOD COLUMNS NEW FIBER CEMENT SIDING LINE INDICATES EXISTING GRADE LINE (MOST-RESTRICTIVE)LINE INDICATES EXISTING GRADE LINE (MOST-RESTRICTIVE) LINE INDICATES EXISTING GRADE LINE @ 25' OFFSET (MOST-RESTRICTIVE) LINE INDICATES EXISTING GRADE LINE @ 25' OFFSET (MOST-RESTRICTIVE) T.O. MAIN LEVEL PLY 100'-0" T.O. UPPER LEVEL PLY 109'-5" T.O. MAIN LEVEL PLY 100'-0" T.O. UPPER LEVEL PLY 109'-5" TOP PLATE @ GABLE ROOFS 117'-6" TOP PLATE @ GABLE ROOFS 117'-6" T.O. BASEMENT SLAB 88'-6" T.O. BASEMENT SLAB 88'-6" F F B B A A E E D D C CSETBACK LINEW19 W20W21 W49W50W51W52 W53 W54 W55 W18 W17 W16 NEW ALUMINUM CLADDED WINDOWS, COLOR TBD LINE INDICATES EXISTING GRADE LINE (MOST-RESTRICTIVE) EXISTING GABLE ROOF TO REMAIN LINE INDICATES EXISTING GRADE LINE @ 25' OFFSET (MOST-RESTRICTIVE) NEW ALUMINUM CLADDED WINDOWS, COLOR TBD STEEL COLUMN SUPPORT NEW DECK & SPIRAL STAIR NEW RAILING TO BE STEEL W/ CABLE LINE INDICATES EXISTING GRADE LINE @ 25' OFFSET (MOST-RESTRICTIVE) EXISTING GABLE ROOF TO REMAIN NEW WOOD SIDING ON EAST FACADE, NOTE: NEW SIDING MUST BE SAME THICKNESS OR LESS THAN EXISTING SIDING MIDPOINT OF ROOF ADDITION BELOW EXISTING GABLE, BELOW 25' HEIGHT LIMIT T.O. MAIN LEVEL PLY 100'-0" T.O. UPPER LEVEL PLY 109'-5" TOP PLATE @ GABLE ROOFS 117'-6" TOP PLATE @ GABLE ROOFS 117'-6" T.O. MAIN LEVEL PLY 100'-0" T.O. UPPER LEVEL PLY 109'-5" MID SCALE: 1/8" = 1'-0"1 PROPOSED NORTH ELEVATION SCALE: 1/8" = 1'-0"2 PROPOSED EAST ELEVATION Exhibit B- Application P62 VI.A. Scale: AS NOTED ISSUE RDS VARIANCE SUBMITTALKATYAL RESIDENCE 909 WATERS AVENUE ASPEN, CO 81611 PITKIN COUNTY, CO 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. A.3.04 9/24/18 PROPOSED ELEVATIONS DATE 9/20/18 KIM RAYMOND ARCHITECTS, INC. | 300 E. HYMAN AVENUE, SUITE 100 | | www.kimraymondarchitects.com | | 970-925-2252 | 1 1 4 4 2 2 3 3PROPERTY LINEPROPERTY LINEW56W59 W56 W57 D23 D39 D24 W60 W71 W23W24 W58 W22 D60 NEW ALUMINUM CLADDED CORNER WINDOWS, COLOR TBD NEW ALUMINUM CLADDED CORNER WINDOWS, COLOR TBD LINE INDICATES EXISTING GRADE (MOST-RESTRICTIVE) LINE INDICATES EXISTING GRADE @ 25' OFFSET (MOST-RESTRICTIVE) NEW ROOF ADDITIONNEW ALUMINUM CLADDED WINDOWS ON ROOF ADDITION NEW RAILING TO BE STEEL W/ CABLE STEEL COLUMN SUPPORT NEW DECK & SPIRAL STAIR EXISTING GABLE TO REMAIN EXISTING GABLE TO REMAIN NEW WOOD SIDING SOLAR PANELS T.O. MAIN LEVEL PLY 100'-0" T.O. UPPER LEVEL PLY 109'-5" T.O. MAIN LEVEL PLY 100'-0" T.O. UPPER LEVEL PLY 109'-5" TOP PLATE @ GABLE ROOFS 117'-6" TOP PLATE @ GABLE ROOFS 117'-6" T.O. BASEMENT SLAB 88'-6" T.O. BASEMENT SLAB 88'-6" F F A A B B C C D D E E W27 W26W28 W68 W67 W66 W64 W63 W62 W25 W61 W60 W73 W24 NEW ALUMINUM CLADDED WINDOWS, COLOR TBD LINE INDICATES EXISTING GRADE LINE (MOST-RESTRICTIVE) EXISTING GABLE ROOF TO REMAIN LINE INDICATES EXISTING GRADE LINE @ 25' OFFSET (MOST-RESTRICTIVE) NEW ALUMINUM CLADDED WINDOWS, COLOR TBD STEEL COLUMN SUPPORT NEW DECK & SPIRAL STAIR NEW RAILING TO BE STEEL W/ CABLE LINE INDICATES EXISTING GRADE LINE @ 25' OFFSET (MOST-RESTRICTIVE) EXISTING GABLE ROOF TO REMAIN NEW WOOD SIDING ON EAST FACADE, NOTE: NEW SIDING MUST BE SAME THICKNESS OR LESS THAN EXISTING SIDING SKYLIGHT ON ROOF ADDITIONSOLAR PANELS MIDPOINT OF NEW ROOF TOP PLATE @ GABLE ROOFS 117'-6" T.O. MAIN LEVEL PLY 100'-0" T.O. UPPER LEVEL PLY 109'-5" T.O. MAIN LEVEL PLY 100'-0" T.O. UPPER LEVEL PLY 109'-5" TOP PLATE @ GABLE ROOFS 117'-6" MID SCALE: 1/8" = 1'-0"1 PROPOSED SOUTH ELEVATION SCALE: 1/8" = 1'-0"2 PROPOSED WEST ELEVATION Exhibit B- Application P63 VI.A. Scale: AS NOTED ISSUE RDS VARIANCE SUBMITTALKATYAL RESIDENCE 909 WATERS AVENUE ASPEN, CO 81611 PITKIN COUNTY, CO 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. A.9.01 9/24/18 3D: EXISTING DATE 9/20/18 KIM RAYMOND ARCHITECTS, INC. | 300 E. HYMAN AVENUE, SUITE 100 | | www.kimraymondarchitects.com | | 970-925-2252 | 1 EXISTING FROM SOUTH WEST 2 EXISTING FROM SOUTH EAST Exhibit B- Application P64 VI.A. Scale: AS NOTED ISSUE RDS VARIANCE SUBMITTALKATYAL RESIDENCE 909 WATERS AVENUE ASPEN, CO 81611 PITKIN COUNTY, CO 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. A.9.02 9/24/18 3D: PROPOSED DATE 9/20/18 KIM RAYMOND ARCHITECTS, INC. | 300 E. HYMAN AVENUE, SUITE 100 | | www.kimraymondarchitects.com | | 970-925-2252 | 1 PROPOSED FROM SOUTH WEST 2 PROPOSED FROM SOUTH EAST Exhibit B- Application P65 VI.A. Scale: AS NOTED ISSUE RDS VARIANCE SUBMITTALKATYAL RESIDENCE 909 WATERS AVENUE ASPEN, CO 81611 PITKIN COUNTY, CO 1" ACTUAL IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. A.9.03 9/24/18 NEIHBORHOOD CONTEXT 1 DATE 9/20/18 KIM RAYMOND ARCHITECTS, INC. | 300 E. HYMAN AVENUE, SUITE 100 | | www.kimraymondarchitects.com | | 970-925-2252 | WATERS A V E N U ESOUTH WEST END STREETEAST DUR A N T A V E N U E 909WATERSTHE GANTHOTELNOTE SCALE OF SURROUNDING NEIGHBORHOOD BUILDINGS IN COMPARISON TO 909 WATERSSINGLEFAMILYHOMESINGLEFAMILYHOMESINGLEFAMILYHOMESINGLEFAMILYHOMESINGLEFAMILYHOMETHE GANTHOTELTHE GANTHOTELTHE GANTHOTELTHE GANTHOTELSINGLEFAMILYHOMEMULTI-FAMILYCOMPLEXMULTI-FAMILYCOMPLEXMULTI-FAMILYCOMPLEXMULTI-FAMILYCOMPLEXMULTI-FAMILYCOMPLEXMULTI-FAMILYCOMPLEXMULTI-FAMILYCOMPLEXMULTI-FAMILYCOMPLEXMULTI-FAMILYCOMPLEXMULTI-FAMILYCOMPLEXMULTI- FAMILY COMPLEX Exhibit B- Application P66 VI.A. Exhibit CP67VI.A. Exhibit CP68VI.A. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT March, 2016 City of Apen|130 S. Galena St.|(970) 920 5050 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: _____________________________________________________, Aspen, CO SCHEDULED PUBLIC HEARING DATE: _____________________________________________, 20______. STATE OF COLORADO ) ) ss. County of Pitkin ) I, ____________________________________________________ (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 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 on the _______ day of ______________________, 20____, 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 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 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. ________ Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (Continued on next page) 909 Waters Avenue November 20 18 Chris Bendon 2 November 18 Exhibit C P69 VI.A. Exhibit CP70VI.A. Exhibit CP71VI.A. Exhibit C P72VI.A. Exhibit C P73VI.A. Pitkin County Mailing List of 300 Feet Radius Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. From Parcel: 273718281003 on 10/26/2018 Instructions: Disclaimer: http://www.pitkinmapsandmore.com Exhibit C P74 VI.A. LORING ROBERT & ISABEL TAMPA, FL 33611 2912 W VILLA ROSA PK ROSEN PHILIP B LINCOLN, MA 01773 41 OLD CONCORD RD ORR ROBERT L FAMILY PARTNERSHIP LLLP GRAND JUNCTION, CO 81506 2700 G RD #12A LITTLE NELL CONDO ASSOC ASPEN, CO 81611 611 S WEST END RICHTER VALERIE A TRUST PARADISE VALLEY, AZ 85253 6214 N 34TH ST ELLIOTT JASON C & KATHERINE BROOKS ASPEN, CO 81611 929 E DURANT AVE #4 LACHER MARC P INVEST TRUST CHICAGO, IL 60611 840 N LAKE SHORE DR #1101 ROTHSCHILD IVETTE SCHNEIDER TRUST ST LOUIS, MO 63105 122 N BEMISTON AVE SILVER GLO CONDO ASSOC ASPEN, CO 81611 930 WATERS AVE UHLFELDER FAMILY INVESTMENTS RLLP ASPEN, CO 81611 210 AABC #AA ASPEN TOWNHOUSES BY THE RIVER CONDO ASSOC ASPEN, CO 81611 COMMON AREA 1050 WATERS AVE WATCHMAKER LINDA L REV TRUST MINNEAPOLIS, MN 55424 4527 BRUCE AVE NADJAFI MORTEZA & HEIDI ORLANDO, FL 32803 736 N MAGNOLIA AVE GESSNER RICHARD W REV TRUST MASSILLON, OH 44646 1705 11TH ST NE KANNER REAL ESTATE LLC PACIFIC PLSDS, CA 90272-3909 712 GREENTREE RD WILKS DAN H & STACI ASPEN, CO 81612 PO BOX 3116 RICE MARGARET A OVERLAND PARK, KS 66221 13912 FLINT SEGUIN JEFF W & MADALYN B ASPEN, CO 81611 617 E COOPER AVE #412 UHLFELDER FAMILY INVESTMENTS RLLP ASPEN, CO 81611 210 AABC #AA GABRICK NORMAN M EDINA, MN 55436-2712 4910 MALIBU DR JJA FAMILY LLC OWENSBORO, KY 42301 2145 FIELDCREST DR AIBEL JONATHAN E & BONNIE L CORAL GABLES , FL 33133 10 EDGEWATER DR #5A 914 WATERS CONDO ASSOC ASPEN, CO 81612-7756 PO BOX 7756 AMERENA ROBIN MELBOURNE VICTORIA AUSTRALIA 3006, 250 ST KILDA #507 SOUTHBANK POPE AIDAN RICHARD NEW YORK, NY 10013 220 CENTRE ST #4 LHG HOLDING LLC LOS ANGELES, CA 90049 11777 SAN VICENTE BLVD 9TH FL SCHIRMER LESLIE M TRUST ENGLEWOOD, CO 80113 4100 E QUINCY AVE C-L HOLDINGS LLC WOODY CREEK, CO 81656 PO BOX 126 NEWTON BARBARA LOUISE ASPEN, CO 81612 PO BOX 9410 MEYER WILLIAM J WASHINGTON, DC 20036 1101 17TH ST NW #1000 Exhibit C P75 VI.A. DOHSE J JEFFREY DENVER, CO 80209 2552 E ALAMEDA AVE #23 SIEGEL LOIS H QPRT SOUTH MIAMI, FL 33143 6358 MANOR LANE HEMMING GREGORY S TRUST ASPEN, CO 81611 311 MIDLAND AVE CLARENDON CONDO ASSOC ASPEN, CO 81611 625 S WEST END ST KELLY ROSEMARIE NEW YORK, NY 10025 240 W 102ND ST #54 LIBERMAN KEITH & KATHLEEN FAMILY TRUST BEVERLY HILLS, CA 90210 9554 HIDDEN VALLEY RD ST MARYS OF ASPEN LLC FT LAUDERDALE, FL 33316 1532 S.E. 12 STREET PH1 ORR ROBERT L FAMILY PTNSHP LLLP GRAND JUNCTION, CO 81506 2700 G RD #12A GRAHAM NELL C BASALT, CO 81621 10 PINE RIDGE RD VANTILBURG JOHANNES & JOANNE SANTA MONICA, CA 90404 1738 BERKELEY ST MIKA PATRICK D COLORADO SPRINGS, CO 80903 630 N TEJON ST 2021 INVESTMENTS LLC JANESVILLE, WI 53545 1000 E MILWAUKEE ST CRONIN F CARLETON & TOBY ANN TRUST LOS ANGELES, CA 90048 8748 DORRINGTON AVE WA5 LLC MIAMI, FL 33137 4770 BISCAYNE BLVD # 720 MERRILLS DAPHNE SEWICKLEY, PA 15143 217 SCAIFE RD SNOWFLAKE WATERS LLC ASPEN, CO 81611 420 E MAIN STE 2 NOSTOS LLC RESTON, VA 20191 2261 COMPASS PT LN NUTTER GEORGE E & LYNDSAY CANADA M4G 3P3, 223 HANNA RD TORONTO ONTARIO MCFADDEN GREGORY C ASPEN, CO 81612 PO BOX 9859 VARGAS GERMAN JAVIER NEW YORK, NY 10028 450 E 83RD ST #18D SINNREICH MARK & MILLINDA MIAMI BEACH, FL 33109 2231 FISHER ISLAND DR DE GUZMAN KATHLEEN NEW YORK, NY 10013 220 CENTRE ST #4 MCGUIRE WINTERHAVEN LLC BUFFALO, NY 14202 560 DELAWARE AVE STE 400 RAVENIS JOSEPH V II & M ELIZABETH TRUST SAN DIEGO, CA 92120 6041 RIDGEMOOR DR LATTERMAN EARL M QPRT PITTSBURGH, PA 152322150 5000 5TH AVE APT 306 BECKER BARRY W IRREV TRUST LAS VEGAS, NV 89107 2404 RANCHO BELLAIRE CT AJCBMC LLC ASPEN, CO 81611 617 W MAIN ST #B CAMPBELL FAMILY TRUST DENVER, CO 80210 1225 S HIGH ST BECNEL DANIEL E JR & MARY HOTARD LAPLACE, LA 70068 425 W AIRLINE HWY #B BAYLDON BARBARA W REV TRUST CHICAGO, IL 60657-4504 647 W BARRY AVE Exhibit C P76 VI.A. BELL MEREDITH W REVOCABLE TRUST ATLANTA, GA 30309 147 17TH ST NE UPCHURCH WILLARD H JR REV TRUST WINSTON SALEM, NC 27104 2128 BUENA VISTA RD OBRIEN MARY JANE SAG HARBOR, NY 11963 BOX 2306 MILL IRON INVESTMENTS LLC CARLISLE, MA 01741 PO BOX 64 CLARENDON CONDO ASSOC ASPEN, CO 81611 625 S WEST END ST FRY LLOYD EDWARD PIQUA, OH 45356 1335 STRATFORD DR UHLFELDER FAMILY INVESTMENTS RLLP ASPEN, CO 81611 210 AABC #AA SILVERGLO 304 LLC ASPEN, CO 81611 0133 PROSPECTOR RD #4114B ENATAI VACATION HOME LLC HOUSTON, TX 77024 10000 MEMORIAL DR #480 PYRFEKT PROPERTIES LLP SARASOTA, FL 34231 1424 CEDAR BAY LN COHN JOHN R & BARBARA O DALLAS, TX 75225 3533 GREENBRIER DR MEYERS BARBARA A TRUST MARCO ISLAND, FL 34145 821 OLD MARCO LN AGUA FRIA PROPERTIES LLC SANTA FE, NM 87505 460 ST MICHAELS DR BLDG 300 QUARKY LLC DALLAS, TX 75225 8200 DOUGLAS AVE #300 ARNETT DAVID & BETTE TUCSON, AZ 85718 5333 N CAMINO REAL MEYERS BARBARA A RES TRUST MARCO ISLAND, FL 34145 821 OLD MARCO LN SANDERS RICHARD & JOANNE ENGLEWOOD, CO 80110 8 PARKWAY DR MCCORMICK ROGER F FAMILY TRUST OWENSBORO, KY 42304 PO BOX 21532 KONIN FAMILY TRUST HERMOSA BEACH, CA 90254 1936 LOMA DR 610 S W END RENTALS E201 LLC NAPERVILLE, IL 60540 608 HENNING CT CRAZY WOMAN INVESTMENTS LLC LIVINGSTON, MT 59047 304 S YELLOWSTONE UHLFELDER FAMILY INVESTMENTS RLLP ASPEN, CO 81611 210 AABC #AA GOODSIR SUSAN A LAKE BLUFF, IL 600441300 1000 CAMPBELL CT WERNST INC ALBUQUERQUE, NM 87111 5141 GLENWOOD POINTE LN NE SHER JOYCE DELRAY BEACH , FL 33446 7936 L'AQUILA WAY WINTER HAVEN CONDO ASSOC ASPEN, CO 81611 527 S WEST END ST UHLFELDER FAMILY INVESTMENTS RLLP ASPEN, CO 81611 210 AABC #AA SANDITEN EDWARD STANLEY ASPEN, CO 81612 PO BOX 11566 AES INVESTMENTS LLC ASPEN, CO 81611 500 PARK CIR OGURI JOINT LIVING TRUST PASADENA, CA 91106 1570 ROSE VILLA ST Exhibit C P77 VI.A. 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A SUNSHINE LLC ASPEN, CO 81611 730 E DURANT AVE # 200 LIEBMANN FAMILY REVOCABLE TRUST SNOWMASS, CO 81654 1495 GATEWAY RD LEVINSON BONNIE REV TRUST SAN FRANCISCO, CA 94115 2127 BROADWAY #1 GABRIEL ANN ASPEN, CO 81611 611 S WESTEND ST APT 2 LN9 LLC MIAMI , FL 33137 4770 BISCAYNE BLVD #720 LHG HOLDING LLC LOS ANGELES, CA 90049 11777 SAN VICENTE BLVD 9TH FL WEKSTEIN TRUST BOSTON, MA 02199 100 BELVIDERE ST #9A N & D CRAIR FAM TRUST 7/9/2013 MALIBU, CA 90265 5931 KANAN DUME RD HEMMING HANNAH S TRUST ASPEN, CO 81611 311 MIDLAND AVE GIEFER PATRICK DENVER, CO 80209 950 S JOSEPHINE ST WARREN MATTHEW L GRAND JUNCTION, CO 81507 2022 BASELINE DR 81611 PROPERTIES LLC ASPEN, CO 81611 637 E HYMAN AVE UHLFELDER FAMILY INVESTMENTS RLLP ASPEN, CO 81611 210 AABC #AA WOLFE KEVIN & LIANA GOLDEN, CO 80403 911 6TH ST YAJKO R DOUGLAS GLENWOOD SPRINGS, CO 81601 1121 WALZ AVE CHRISTMAS HOUSE LLC CHICAGO, IL 606061594 150 N RIVERSIDE PLAZA #3300 BOWERS ANN S TRUST PALO ALTO, CA 94301 1664 WAVERLEY STREET ACR CAPITAL LLC HARTLAND, WI 53029 N57 W30614 STEVENS RD FREEDMAN GARY & DONNA LIVING TRUST SANTA MONICA, CA 90402 533 9TH ST RONCHETTO LYNN A NEW YORK, NY 10017 320 E 42ND ST #101 DEPALMA JOHN R GLENDALE, CA 91206 710 W WILSON AVE ALLAN FAMILY TRUST LA JOLLA, CA 92037 1731 COLGATE CIR BITTEL ARI FAMILY TRUST MIAMI BEACH, FL 33140 801 ART GODFREY RD #600 GRANT JODI BETHESDA, MD 20816 4525 JAMESTOWN RD 1414 35TH ST LLC SONOMA, CA 95476 946 COUNTRY CLUB LN KAUFMAN MICHAEL A & SHERRYL W E BRUNSWICK, NJ 08816 7 FERNWOOD CT SIMON DONNA L REV TRUST STAMFORD, CT 06903 1294 ROCKRIMMON RD FIDELITAS HOLDING CO LTD OTTAWA ONTARIO CANADA K2P2E7, 30 CARTIER ST LGL SILVERGLO LLC DALLAS, TX 75230 6522 ORCHID LN AUGUSTUS PROPERTIES LLC HOUSTON, TX 77005 2714 ARBUCKLE ST Exhibit C P80 VI.A. LANDOW NATHAN BETHESDA, MD 20810 4710 BETHESDA AVE RAPPAPORT FAMILY PARTNERS SEATTLE , WA 98109 1004 NOB HILL AVE N FAVROT CAFFREY METAIRIE, LA 70005 124 CHARLESTON PK LUND ANSELMO ASPEN PROP EDINA, MN 55436 6301 S KNOLL DR SINAI ALLEN LEXINGTON, MA 02173 16 HOLMES RD YACKER DAN SOLANA BEACH, CA 92075 1272 SANTA LUISA DR DURANT MEWS CONDO ASSOC ASPEN, CO 81611 923 E DURANT AVE SULLIVAN EDWARD M ASPEN, CO 81612-1324 PO BOX 1324 BESHARAT GERALDINE ELBERTON, GA 30635 9 WOODLAND RD MORRIS TRUST RIVER FOREST, IL 60305 906 FRANKLIN GILBERT S DIXON JR ASPEN, CO 81612 PO BOX 3948 LANDOW TOWNHOMES CONDO ASSOC ASPEN, CO 81611 COMMON AREA 901 E DURANT AVE DIAMOND NATHAN & LAUREN S MIAMI, FL 33156 5465 BANYAN TRAIL B & J LLC KANSAS CITY, MO 64113 1249 W 58TH PANTER FAMILY TRUST SANTA FE, NM 87506 49 HEARTSTONE DR WOODWARD TERRY TRUST OWENSBORO, KY 42303 3662 BRIDGEPOINTE BOOMERANG LTD INC ASPEN, CO 81611 1104 E WATERS AVE RENE BJARTE & MELISSA RANCHO SANTA FE, CA 92067 PO BOX 2442 MACHADO MONICA M NEW YORK, NY 10028 450 E 83RD ST #18D COMPTON HEATHER G ASPEN, CO 816123948 PO BOX 3948 ROSS DWAYNE A & DUREE M FAMILY REV TRUST FORT LAUDERDALE, FL 33324 10740 PEGASUS ST MICHIEF IN THE MOUNTAINS LLC DALLAS, TX 75229 11211 INWOOD RD 323 BOULEVARD ASSOCIATES PITTSBURGH, PA 15217 5860 SOLWAY ST MERRILLS DAPHNE TRUST SEWICKLEY, PA 15143 217 SCAIFE RD LERNER GREGORY S BELLAIRE, TX 774014417 4971 WILLOW ST DAVIS TERRY CONNALLY SHREVEPORT, LA 71106 1046 ONTARIO COLORADO R E PARTNERS LLC CHICAGO, IL 60604 111 W JACKSON BLVD 20TH FL CHUMLEY ANNALIESE TRUST ASPEN, CO 81612 PO BOX 11630 MCCOY TRUST SALT LAKE CITY, UT 84106 623 E 2100 SOUTH KEENAN DANIEL M TRUST ANNAPOLIS, MD 21401 1716 SEVERN FOREST DR Exhibit C P81 VI.A. SHOHET CAROLYN S CARLISLE, MA 01741 PO BOX 64 GLICKMAN HAN SARAH ASPEN, CO 81611 940 WATERS AVE # 106 BRENER DANIEL M & SHARON G BELLAIR, TX 77401 5202 POCAHONTAS OKANE MARGARET TRUST SILVER SPRING, MD 20910 1105 WOODSIDE PKWY KONIN FAMILY TRUST HERMOSA BEACH, CA 90254 1936 LOMA DR GANT CONDO ASSOC ASPEN, CO 81611 610 S WEST END ST KOSOSKI TRENT HOUSTON, TX 77007 4413 ELI ST WATERS 907 INC ASPEN, CO 81612 PO BOX 10671 ROBINSON MARY ALICE BURKE SYRACUSE , NY 13215 4477 COLE RD SUPERMAN LLC TULSA, OK 74105 3126 S ROCKFORD DR BARTOK PETER & COLLEEN COLUMBIA, MD 65203 321 WEST BURNAM RD RYAN ASPEN LLC JANESVILLE, WI 53545 1000 E MILWAUKEE ST SNYDER JAMES DANIEL & LINDA RAE FLOSSMORE, IL 60422 1225 BRAEBURN STEPHENSON JOANN I GLENWOOD SPRINGS, CO 81601 1014 BLAKE AVE SIMPKINS B DOUGLAS & JOHNETTE TETLOW HOUSTON, TX 77019 2921 AVALON PL LACHER SIMONE C INVEST TRUST CLARENDON HILLS, IL 60514 328 HARRIS AVE RICHARDS SHIRLEY SHERMAN OAKS , CA 91423 4073 MURIETTA AVE SMALL RESTON LLC BETHESDA, MA 20817 7311 ARROWOOD RD GANT 203 LLC BELLA VISTA, AR 72714 311 TOWN CENTER CUMMINS RICHARD ASPEN, CO 816111619 617 W MAIN ST #B GRAHAM MAUREEN & THEODORE L COLUMBUS, OH 43230 477 E JOHNSTOWN RD TATEM SUE BINKLEY ASPEN, CO 81612 PO BOX 12373 WEDOW JAMIE SANFORD, NC 27330 500 WESTOVER DR #2380 ASPEN VIEW LTD SIDNEY, OH 45365 100 S MAIN AVE #300 BENKENDORF TRUST EVERGREEN, CO 80439 6190 KILIMANJARO DR BURKE ASPEN LLC HARTLAND, WI 53029 W308N6183 SHORE ACRES RD GRIFFITH N MICHELLE & C PERRY JR INDIANAPOLIS, IN 46240 663 FOREST BLVD ELIAS BARBARA A CARBONDALE, CO 81623 0451 STAGECOACH LN KINNEY JANICE ASPEN, CO 81611 914 WATERS AVE #17 FREEDMAN DONNA & GARY SANTA MONICA, CA 90403 1149 3RD ST #200 Exhibit C P82 VI.A. BACKUS DIANA DELRAY BEACH, FL 33445 2843 SABLEWOOD CT MEHL HARRIET NEW YORK CITY, NY 10019 350 W 57TH ST #17A HAM PROPERTIES LLC METAIRIE, LA 70005 300 HECTOR AVE HIRSCH MARY H TRUST ASPEN, CO 81611 610 S WEST END ST #D203 PROSTIC MARJORIE SUE TRUST SHAWNEE MISSION, KS 66208 2225 STRATFORD RD WEINSTEIN DAVID M & SHAWNA R COLORADO SPRINGS, CO 809063126 24 ELM AVE CALVETTI ANDREW ASPEN, CO 81611 914 WATERS AVE #18 KNOKE ROLF M REV TRUST LA JOLLA, CA 92037 7660 FAY AVE PMB H536 PINE A PHILIP FORT LAUDERDALE , FL 33308 50 S COMPASS DR GANT K302 LLC WICHITA, KS 67207 58 MISSION BERZ FAMILY TRUST LOS ANGELES, CA 90067 10100 EMPYREAN WY #103 TETSUYAMA LLC OSPREY, FL 34229 147 EXPLORER DR KLEIMAN SUZANNE E TRUST BENNECIA, CA 94510 446 MILLS DR COULON FIELDS SHELLY NEW ORLEANS, LA 70131 175 ENGLISH TURN DR SILVERMAN MARK J & NANCY C CHEVY CHASE, MD 20815 7404 BROOKVILLE RD POWDER HOLDINGS LLC CHICAGO, IL 60611 415 E NORTH WATER # 3006 MIDLAND CONDO ASSOC ASPEN, CO 81611 COMMON AREA S WEST END SMULIN MARIANNE REV TRUST POTOMAC, MD 20854 15 CANDLELIGHT CT LACHER RITA R INVEST TRUST CHICAGO, IL 60611 840 N LAKE SHORE DR #1101 HADDON HAROLD & BEVERLY DENVER, CO 80224 141 S JASMINE ST LUBIN SHAFIGHEH ASPEN, CO 816112131 611 S WEST END ST #5 CARDALL FAMILY TRUST SAN DIEGO , CA 92109 2404 LORING ST #129 KAY REV TRUST SAN FRANCISCO, CA 94115 2127 BROADWAY #1 SCHMIT KIRSTEN ASPEN, CO 81611 400 MCSKIMMING RD BACKUS DIANA DELRAY BEACH, FL 33445 2843 SABLEWOOD CT PROPERTY INVESTORS #1 LLC MC LEAN, VA 22120 8407 BROOKEWOOD CT ELIAS BARBARA A CARBONDALE, CO 81623 0451 STAGECOACH LN STEEPLECHASE PARTNERS GEORGIA LLC ATLANTA, GA 30305 3060 PEACHTREE RD #400 GANT 103 LLC BELLA VISTA, AR 72714 311 TOWN CENTER WEHSENER FAMILY TRUST SAN DIEGO, CA 92111 4014 MT TERMINUS DR Exhibit C P83 VI.A. SHIRK JAMES & LINDA TRUST BLOOMINGTON, IL 61702 PO BOX 1549 BITTEL DANIEL FAMILY TRUST MIAMI BEACH, FL 33140 801 ART GODFREY RD #600 AVID LEISURIST LLC BROOKLYN, NY 11249 56 S 3RD ST #402 WILKERSON WILLIAM REV TRUST FT LAUDERDALE, FL 33301 321 SUNSET DR #3 G3 HOLDINGS LLC WASHINGTON, PA 15301 450 RACETRACK RD SABBATICAL LLC CAMBRIDGE, MA 02138 985 MEMORIAL DR #201 UHLFELDER FAMILY INVESTMENTS RLLP ASPEN, CO 81611 210 AABC #AA BLOCK JOEL A REV TRUST CHICAGO, IL 60657-4504 647 W BARRY AVE FREIS JON BEVERLY HILLS, CA 902122705 136 EL CAMINO DR # 412 SCHARLIN GLORIA G CORAL GABLES, FL 33133-6962 10 EDGEWATER DR #4A DEGEORGE GREGORY A & BECKY R HOUSTON, TX 77057 1032 POTOMAC DR UHLFELDER FAMILY INVESTMENTS RLLP ASPEN, CO 81611 210 AABC #AA HORNBROOK ANGELA J CRESTED BUTTE, CO 81224 PO BOX 2074 AGER REALTY LLC GOLDEN BEACH , FL 33160 555 GOLDEN BEACH DR LD ENTERPRISES LLC ASPEN, CO 81612 PO BOX 508 WINTER HAVEN 2 LLC CATONSVILLE, MD 21228 PO BOX 21176 RISCOR INC DALLAS, TX 75251 12221 MERIT DR #1400 KOBACKER JEFFREY M SCOTTSDALE, AZ 85255 10194 E MOUNTAIN SPRING RD SHIRK JAMES & LINDA TRUST BLOOMINGTON IL , CO 61702 PO BOX 1549 STEWART SAMUEL & JACQUELINE METAIRIE, LA 70005 124 CHARLESTON PK ROSENBAUM THOMAS F TRUST PASADENA, CA 91106 415 S HILL AVE JOSEPH RUSSELL C & ELISE E HOUSTON, TX 77019 3682 WILLOWICK RD STEEPLECHASE PARTNERS GEORGIA LLC ATLANTA, GA 30305 3060 PEACHTREE RD #400 MCCORMICK MARY E OWENSBORO, KY 42304 PO BOX 21532 HOCKER DAVID E OWENSBORO, KY 423015483 620 PARK PLAZA DR WEINBERG JUDD A TRUST CHICAGO, IL 606115515 401 N MICHIGAN AVE #3050 679534 ONTARIO LTD TORONTO ONTARIO CANADA M4N 3R5, 2 CHEDINGTON PLACE 1A EPSTEIN ASPEN TRUST PHILADELPHIA, PA 19103 1900 RITTENHOUSE SQ #8A RIVER GLEN CONDO ASSOC ASPEN, CO 81611 COMMON AREA E DURANT AVE ZOLET THERESA & DAVID POTOMAC, MD 20854 17 PADDOCK CT Exhibit C P84 VI.A. DENNIS LLC ASPEN, CO 81611 205 S MILL ST #301A JET VIEW LLC ASPEN, CO 81611 625 S WEST END ST #4 UHLFELDER FAMILY INVESTMENTS RLLP ASPEN, CO 81611 210 AABC #AA 774302 ONTARIO LTD TORONTO ONTARIO CANADA M4N 3R5, 2 CHEDINGTON PLACE 1A FABER KATHERINE T TRUST PASADENA, CA 91106 415 S HILL AVE CLARENDON LLC BONDI JUNCTION NSW 1355 AUSTRALIA, PO BOX 177 P&G LEVIN FAMILY GENERAL PARTNERSHIP SCOTTSDALE, AZ 85262 9716 E PRESERVE WY CHATEAU SNOW CONDO ASSOC ASPEN, CO 81611 926 WATERS AVE HEMMING LUKE S TRUST ASPEN, CO 81611 311 MIDLAND AVE 1035 DURANT - 4 LLC BOULDER, CO 80303 1010 69TH ST RICHELME CLAIRE ASPEN, CO 81611 940 E WATERS AVE #204 LEVY EDWARD C JR TRUST BIRMINGHAM, MI 480093730 970 SHIRLEY RD ORR ROBERT L FAMILY PARTNERSHIP LLLP GRAND JUNCTION, CO 81506 2700 G RD #12A BITTEL STEPHEN H MIAMI BEACH, FL 33140 801 ART GODFREY RD #600 JANNA INC GRAND JUNCTION, CO 81506 500 PATTERSON RD CANUTO INC BASALT, CO 81621 PO BOX 650 GRIER HOLINGS LLC TAMPA, FL 33606 650 RIVIERA DR LHG HOLDING LLC LOS ANGELES, CA 90049 11777 SAN VICENTE BLVD 9TH FL PARKER WILLIAM A JR ATLANTA, GA 30302 PO BOX 4655 MC252 GANT EXCHANGE LLC MINNEAPOLIS, MN 55436 5704 DEVILLE DR WHITEHURST JOHN S & BILLIE BALTIMORE, MD 212121023 6504 MONTROSE AVE WILLIS ANNIE D ASPEN, CO 81611 601 S WEST END ST #2 HYMAN GARY LONDON UK NW37UT, 3 BEECHWORTH CLOSE MARKUS NEIL & JOLIE BETHESDA, MD 20817 8603 IRVINGTON AVE FREEMAN GREGORY A & KRISTINA M CARBONDALE, CO 81623 490 COUNTY RD 162 COATES TOM & LINDA FAM TRUST SAN FRANCISCO, CA 94111 655 MONTGOMERY ST #1700 Exhibit C P85 VI.A. 1   November 12, 2018 Aspen Planning and Zoning Commission c/o Garrett Larimer, Planner City of Aspen 130 So. Galena St. Aspen, CO 81611 RE: 909 Waters Avenue Dear Members of the Commission: We are the owners of the house at 909 Waters Avenue. Thank you so much for evaluating our proposal. The proposal includes one element that is nonconforming, to extend part of the house past the 50-foot Residential Design Standard (RDS) adopted after the house was built in 1990. We completely understand why questions have been raised about this element. If we were in your shoes, we would ask them as well. In this letter, we wanted to tell you a little bit about our proposal, and to give you a personal sense of the application in case it may help you evaluate it. We fell in love with Aspen 15 years ago. We were lucky to forge strong friendships with wonderful members of the Aspen community. We worked hard to save up every possible minute to buy this house, which we bought 3 years ago. We were attracted to the beautiful, minimal Harry Teague design, and loved the way the house enlivened the street and surrounding structures. We have three teenage children, and my mother lives with us as well, so we knew at the time that we would ultimately want to create separate spaces for everyone. Neal is a professor at Georgetown University and Joanna is an internist at the Veterans Hospital. As we got into our 50s, we have aspired to spend at least half of every year in Aspen. For that reason, as we thought about the house, we asked the City for an Official Interpretation to ensure that we could purchase a Transferable Developmental Right (TDR) and use it on the house. We received a positive letter from the City saying that we could do so. We therefore bought a TDR in 2017 and began plans to reconfigure the house. Exhibit D- Letter from Applicant P86 VI.A.  2   From the outset, it has always been absolutely critical to us that we do nothing to disrupt the current architecture on Waters Avenue. Neal’s academic writing is about architecture, community, and the law, and he has published in places like Yale Law Journal about it. (Indeed, Neal is giving the commencement speech at Aspen High School in June of 2019, where his whole theme will be about the need to consider ourselves part of a community, and live our lives by making such choices.) So when we engaged our architect, Kim Raymond, we gave her strict instructions to do nothing to alter the minimalist impact of the house on the street. We loved the “light touch” that Harry placed on Waters Avenue, and we wanted to do nothing whatsoever to alter it. Because that was also very much Kim’s vision for the house, we selected her as the lead architect. We were drawn to her sense of place and proportion, and her respect for the integrity of the Teague design. We knew from the start that it would have been far easier to push the front of the house out a bit – as there are parts of the front of the house that protrude, and so we could have brought forward the parts that were originally set back without running into the same Residential Design Standards (RDS) issues. But we really didn’t want to do that because it would then make the front of the house look heavier. We instructed our architectural team therefore to make the expansion only in places that could not be seen by others. We wanted to do what the RDS counsels, which is to “[r]educe perceived mass and bulk of residential buildings from all sides. Encourage a relationship to adjacent development through similar massing and scale.” And we very much wanted to ensure that the house’s “look” remained the same, so as not to “visually overwhelm or overshadow streets.” The beauty of the lot of 909 Waters is that we were able to accomplish this quite easily. The back of the house is bordered by a creek and The Gant. There is no way for anyone to see the proposed expansion. And the two houses on either side of 909 Waters are larger and developed before the RDS was implemented, so there is no feeling of being out of proportion to the rest of the neighborhood. Indeed, virtually all of the neighboring houses have sidewalls that are far greater than the current or proposed design of our house (for example 907 Waters is approximately 60 feet, 59 feet 8 inches, in its sidewalls). Under the proposal, the house would still be one of the smallest houses on the entire street. And the expansion in the house is virtually impossible to see from the street, one would have to crane your neck pretty hard to view it. The design Exhibit D- Letter from Applicant P87 VI.A.  3   has functional sidewalls that are far smaller than the neighboring houses, there is no break in the neighborhood’s aesthetic, or even the immediate bubble of houses that surround 909 Waters (particularly since the surrounding buildings are much larger still than the proposed design). Once we assured ourselves that Kim’s ideas were truly in keeping with Teague’s original design, as well as the neighborhood, we asked for plans to be drawn up and presented to the City. Based on interactions and feedback with the City’s officials, we decided to shave off the back corner to minimize the impact even further. The process with them was very helpful, and we hope very much that the new design accommodates them and meets with your approval. As a result, the proposal does not increase the sidewalls at all on either the Eastern or Western sides. Instead, what we have done is leave one of the two sidewalls exactly where it was, and use a chamfered corner on the other wall. Because the way the RDS has been interpreted is to look to the maximum length of the home at any endpoint, this design is out of conformity with the 50 foot RDS limitation. But what we have tried to do is to develop a design that is all about adhering to the “overall intent of the standard.” LUC Section 26.410.020.D.1. The visible area of the home looks identical to what it does now. The Code provides that a variation can be given for this reason alone. But the Code also speaks of a second, separate, reason for a variation to be given, “fairness related to unusual site-specific constraints.” We hope you will agree with us that this situation qualifies. We have not wanted to undermine the lightness and beauty of the Teague design, and we are proposing a house that would still be smaller than the properties on all three sides (the fourth side, for the front of the house, also has a much larger condominium complex across the street). We cannot emphasize enough how important it is to live in a house that fits in with the neighborhood. We have endeavored to create a design that really does that. We believe we have hewed very closely to the spirit of the RDS in this design, and have done everything we can to avoid a McMansion or anything of that sort. We will be at the meeting on November 20, and look forward to any and all of your questions. Should you wish to reach us before then, you can call anytime at (202) 903-7800 or email at katyaln@georgetown.edu and joannabrosen@gmail.com. Exhibit D- Letter from Applicant P88 VI.A.  4   Thank you so much for evaluating our proposal, and more generally for your service on the Board. Both of us are grateful for it. Sincerely, Neal Katyal and Joanna Rosen Exhibit D- Letter from Applicant P89 VI.A. TO: City of Aspen Planning and Zoning Commission FROM: Garrett Larimer, Planner THRU: Jessica Garrow, Community Development Director RE: Special Review Series of 2018 MEETING DATE: November 20, 2018 APPLICANT: Brent and Debbie Sembler Central Ave., St. Petersburg, FL 33707 REPRESENTATIVE: BendonAdams, 300 S Spring St. #202, Aspen, CO 81611 LOCATION: 222 S. Cleveland St. CURRENT ZONING: Residential Multi (RMF) SUMMARY: The applicant is seeking Review for a variation to the Accessory Dwelling Unit (ADU) Design Standards to replace an ADU that was removed without the necessary approvals. The ADU was approved under a that allowed subgrade ADU’s. The applicant is interested in replacing the unit in the same location, but the current code does not allow for subgrade ADU’s. This agenda item is a continued hearin its original hearing date on November 13, 2018. No changes have been made to the memo. MEMORANDUM City of Aspen Planning and Zoning Commission Garrett Larimer, Planner Jessica Garrow, Community Development Director Special Review – ADU Design Standards – 222 S Cleveland St. , 2018 Brent and Debbie Sembler, 5858 BendonAdams, 300 S Spring Residential Multi-Family The applicant is seeking Special Review for a variation to the Accessory Dwelling Unit (ADU) Design Standards to replace an ADU he necessary was approved under a code that allowed subgrade ADU’s. The applicant is interested in replacing the unit in the same the current code does not allow for This agenda item is a continued hearing from its original hearing date on November 13, 2018. No changes have been made to the STAFF POSITION: Staff recommends either recognizing the circa 1996 ADU design allowances and approving the variations requested via Special Review or, in the alternative, recognizing that the replacement of the ADU should meet todays’ design standards or be vacated pursuant to the code. Page 1 of 4 222 S Cleveland St., Resolution No. __, recommends either recognizing the circa design allowances and approving the variations eview or, in the alternative, recognizing that the replacement of the ADU should meet todays’ design pursuant to the code. P90 VI.B. Page 2 of 4 REQUEST OF THE PLANNING AND ZONING COMMISSION: · Special Review – Accessory Dwelling Unit Design Standard Variation The applicant is requesting approval for a variation to the ADU Design Standards related the replacement of an ADU in the basement of the residence and per section 26.520.080.D. The Code allows the Planning and Zoning Commission to grant special review approval for variations to the ADU Design Standards. The Planning and Zoning Commission is the final review authority. LOCATION/BACKGROUND: The subject property, 222 S Cleveland St. is a single-family residence located on a lot in the RMF zone district in the Aspen Infill area. The property was developed in the mid-1990s and received a Certificate of Occupancy in 1996. The land use code at the time allowed for subgrade ADUs, and an ADU was constructed, out of a number of mitigation options, in the basement to mitigate for the affordable housing impact fees generated by the development. Although construction of an ADU is an acceptable form of mitigation, the land use code does not require rental of the unit. Since the property received its Certificate of Occupancy, elements of the ADU were removed without the necessary approval. A building permit was submitted and issued for the renovation of the residence and minor changes to the ADU, which still maintained minimum requirements to be considered an ADU. During an inspection of the property for the renovation, it was noted by City staff that the ADU did not have the required kitchen appliances. The specific design requirements have changed over time, but since the late-nineties there have been defined requirements for the minimum components needed to qualify as an ADU. The current code requires that an ADU contain a full kitchen including a 4-burner stove, a refrigerator, and a sink. The unit must also have storage, a bathroom, and access to the unit’s mechanical systems and electrical panel among other standards. A brief history of ADU requirements is attached as Exhibit D. Once it was discovered the ADU did not exist and was required, staff informed the applicant of their options: to replace the ADU meeting current code standards, to apply for special review to replace the ADU with variations from the current code requirements, or legally remove it. The applicant is interested in replacing the unit with variations from today’s standards. CURRENT REQUEST: The applicant is requesting Special Review approval from the Planning and Zoning Commission to replace an ADU that was removed without approval. Special Review is required when the Accessory Dwelling Unit Design Standards are not met. If the Planning and Zoning Commission feels it is appropriate for the unit to be replaced in the previously approved location, the following standards will need to be varied via Special Review: 1. ADU’s are required to have more than 50% of the finished floor level above grade and be detached from the primary residence. The proposed ADU would be attached to the primary residence and located entirely below grade. This is the original condition. 2. The amount of storage provided is below the minimum storage requirements of the code. The current code requires 10% of the unit’s square footage be provided for storage. Currently one closet is shown at approximately 4.3% of the units overall square footage. This appears to be the original condition. 3. The current code requires a full kitchen which includes a sink, dishwasher, 24 square feet of counter space, 15 cubic feet of cabinets, a 30inch wide oven with 4-burner stove top and 20 cubic foot refrigerator with a freezer. o The application does not include a dishwasher. o The refrigerator is shown at approximately 6 cubic feet. o An oven with two-burner stove is provided. P91 VI.B. Page 3 of 4 o Approximately 4.7 sq. ft. of counter top space is shown. Cabinet volume is not shown, but based on the counter surface area, is likely to be below the minimum requirement. 4. An interior connection between the primary residence and the ADU exists and is proposed to remain. This appears to be the original condition. In order to allow for an entry connection between the two units, current code requires special review and approval from the Planning & Zoning Commission is required. 5. The current code requires the ADU have separately accessible utility and mechanical systems. The primary residence and ADU share mechanical equipment, which is located in a mechanical room outside the interior connection between the ADU and primary residence. This appears to be the original condition. 6. The current code requires washer and dryer hookups, none are proposed. Staff and the applicant have discussed the applicability of older ADU regulations given the era the ADU was originally constructed. On November 8th, 1999, which is after the unit was built, the ADU Design Standards were amended and included more detail, especially for the kitchen requirements. Under the 1999 amended code requirements, the earliest available with specific standards, a number of items are also not met. The elements of the ADU that don’t comply with the 1999 Code include: 1. The storage provided must be 10% of the units net livable, the plan shows approximately 4.3%. 2. The interior connection must have been approved by the P&Z Commission. No approval was originally given, as it was not required at the time the ADU was initially built. It’s important to note that the kitchen complies with all requirements of the 1999 code. Issues for Discussion: The application is reviewed under the current code for replacement purposes but given the unique nature of this situation and the fact that existing infrastructure for an ADU exists, the unit could be replaced essentially in its original condition with certain variations from today’s standards. Staff also recognizes that the ADU was removed without any formal approval and there are other paths in the current code to reestablish or remove the unit. STAFF COMMENTS: Staff acknowledges approval was originally granted to place the unit in the basement, but the unit was removed illegally, and a land use application is required to bring the property back into compliance. All land use applications are subject to the current code in which they apply, however, this is a unique situation in that the larger house is already constructed and the ADU is proposed to be located where it was originally. At this time, staff does not recommend the unit be replaced, given the standards in the current code. Under the Purpose clause of the land use code for ADUs, the code notes anticipate that “ADUs and carriage houses represent viable housing opportunities for working residents,” and that the ADUs provide additional housing opportunities in the town. The purpose section also notes that “detached ADUs and carriage houses are more likely to be occupied by a local working resident and that “Aspen desires occupied ADUs and carriage houses”. The commission can choose to approve, approve with conditions, or deny the Special Review request to vary the Accessory Dwelling Unit Design Standards and allow the ADU to be replaced in the basement. If the Planning and Zoning commission finds replacing the ADU in the basement appropriate, it can choose to include variations for the other standards that have not been met or can require that the applicant comply with as many as of the standards as the commission feels appropriate. P92 VI.B. Page 4 of 4 If the Planning and Zoning Commission accepts the replacement of the ADU, staff recommends the following variations be granted, given the existing construction. 1. Allow for the 100% subgrade location of the ADU. 2. Since the mechanical systems of the primary residence and ADU are located in a shared mechanical room, the interior access requirement would need to be varied to allow for the access between the unit and primary residence to remain. 3. Meet 1999 kitchen standards including: an oven, a stove with two burners, a sink, a refrigerator with a minimum capacity of 6 cubic feet, and a freezer. 4. Reduce the minimum storage or closet space required to allow the proposed 4.3% of the units overall square footage. PROPOSED MOTION (WORDED IN THE AFFIRMATIVE): The Resolution as written grants approval of a Special Review request of the applicant allowing for a subgrade ADU with minimal kitchen facilities and an interior connection, among other items. If the Planning and Zoning Commission wishes to approve the request the can use the following motion: “I move to approve Resolution No.___, Series of 2018 to vary the ADU Design Standards to allow for the ADU at 222 S Cleveland St. to be replaced in the originally approved location in the basement as shown in Exhibit A.” ALTERNATIVE MOTIONS: #1 If the Planning and Zoning Commission does not wish to grant the Special Review request, the Planning and Zoning Commission can make a motion to deny the Resolution and use the following motion: “I move to deny Resolution #___ series of 2018 to grant a variation to the ADU Design Standards via Special Review.” Attachments: Exhibit A – Proposed Drawing Exhibit B – ADU Design Standards - Review Criteria Exhibit C – Special Review – Review Criteria Exhibit D – Summary of ADU Code Requirements Exhibit E - Application P93 VI.B. RESOLUTION NO. (SERIES OF 2018) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING SPECIAL REVIEW FOR A VARIATION TO THE ACCESSORY DWELLING UNIT DESIGN STANDARDS IN ORDER TO REPLACE AN ILLEGALLY REMOVED ADU IN THE ORIGINAL LOCATION IN THE BASEMENT FOR A PROPERTY LOCATED LOT 1, FELLMAN LOT SPLIT, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 31, 1994 IN PLAT BOOK 35 AT PAGE 67, COMMONLY KNOWN AS 222 S. CLEVELAND ST. Parcel No. 2737-182-040-004 WHEREAS, the Community Development Department received an application from Chris Bendon at BendonAdams LLC, on behalf of Brent and Debbie Sembler, requesting Special Review approval for a variation to the Accessory Dwelling Unit Design Standards to replace an illegally removed ADU in the original location in the basement at the property at 222 S Cleveland St; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, upon review of the application, the applicable Land Use Code standards, the Community Development Director recommended approval of the Special Review for a variation to the Accessory Dwelling Unit Design Standards and, WHEREAS, the City of 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 on November 13, 2018; and, WHEREAS, The City of Aspen Planning and Zoning Commission has reviewed and considered the development proposal and continued the agenda item to be considered at the next public hearing on November 20, 2018; and, WHEREAS, the City of 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 on November 20, 2018; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets the applicable review criteria and that the approval of the request is consistent with the goals and objectives of the Land Use Code; and, P94 VI.B. 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; and, WHEREAS, the Planning and Zoning Commission approved Resolution #___, Series of 2018, by a _____ to _____ (___ - ___) vote, granting approval of Special Review for a variation to the Accessory Dwelling Unit Design Standards as identified herein. NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission: Section 1: Special Review for a Variation to the Accessory Dwelling Unit Design Standards Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves a variation to the Accessory Dwelling Unit Design standards via Special Review as identified in the attached Exhibit A, with the following conditions: 1. A 100% subgrade location of the ADU is permitted. 2. The mechanical systems of the primary residence and ADU are located in a shared mechanical room, the interior access requirement is varied to allow for the access between the unit and primary residence to remain. 3. The 1999 kitchen standards shall be met, including: an oven, a stove with two burners, a sink, a refrigerator with a minimum capacity of 6 cubic feet, and a freezer. 4. A reduction in the minimum storage or closet space required is granted to allow a minimum fifteen square foot closet. 5. The deed restriction shall be updated to comply with Section 26.520.070, which requires lease terms of no less than six months. Section 2: This approval does not exempt the project from compliance with applicable zoning, building, or any other applicable code regulations within the City of Aspen’s Municipal Code. The applicant must submit a building permit application demonstrating compliance with all applicable codes prior to any development on site. Section 3: 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 site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: 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 5: 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 P95 VI.B. separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its meeting on November 13, 2018. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ____________________________ ______________________________ Andrea Bryan, Assistant City Attorney Skippy Mesirow, Chair ATTEST: ____________________________ Linda Manning, City Clerk Attachments: Exhibit A: Proposed Floor Plan of the ADU P96 VI.B. Exhibit 11 P97VI.B. Exhibit B ADU Design Standards Review Criteria Page 1 of 6 Summary of Review Criteria for Section 26.520.050 MET NOT MET DOES NOT APPLY Design Standards: All ADUs and carriage houses shall conform to the following design standards unless otherwise approved, pursuant to Subsection 26.520.080.D, Special Review: 1. An ADU must contain between three hundred (300) and eight hundred (800) net livable square feet, ten percent (10%) of which must be a closet or storage area. A carriage house must contain between eight hundred (800) and one thousand two hundred (1,200) net livable square feet, ten percent (10%) of which must be closet or storage area. NOT MET 2. An ADU or carriage house must be able to function as a separate dwelling unit. This includes the following: a. An ADU or carriage house must be separately accessible from the exterior. An interior entrance to the primary residence may be approved, pursuant to Special Review; YES b. An ADU or carriage house must have separately accessible utility systems, controls and disconnect panels. This does not preclude shared services; YES Accessory Dwelling Unit Design Standards P98 VI.B. Exhibit B ADU Design Standards Review Criteria Page 2 of 6 c. An ADU or carriage house shall contain a full-size kitchen containing at a minimum: i. Minimum 30-inch wide oven, 4-burner stovetop. ii. A sink, dishwasher, and a minimum 20 cubic foot refrigerator with freezer. iii. Minimum 24 square feet of counter space and a minimum of 15 cubic feet of cabinet space. iv. Kitchens may not be located in a closet. NOT MET d. An ADU or carriage house shall contain a ¾ or larger bathroom containing, at a minimum, a sink, a toilet and a shower. YES e.    An ADU or carriage house shall contain washer/dryer hookups, with a dryer vent rough-in, to accommodate minimum 27-inch wide washer/dryer units. NOT MET 3. One (1) parking space for the ADU or carriage house shall be provided on-site and shall remain available for the benefit of the ADU or carriage house resident. The parking space shall not be located in tandem, or “stacked,” with a space for the primary residence. YES 4. The finished floor level of fifty percent (50%) or more of the unit’s net livable area is at or above natural or finished grade, whichever is higher. NOT MET 5.    The ADU or carriage house shall be detached from the primary residence. An ADU or carriage house located above a detached garage or storage area or connected to the primary residence by an exterior breezeway or trellis shall still qualify as detached. No interior connections to th e primary residence, or portions thereof, shall qualify the ADU or carriage house as detached. NOT MET P99 VI.B. Exhibit B ADU Design Standards Review Criteria Page 3 of 6 26.520.050 Design standards All ADUs and carriage houses shall conform to the following design standards unless otherwise approved, pursuant to Subsection 26.520.080.D, Special Review: 1. An ADU must contain between three hundred (300) and eight hundred (800) net livable square feet, ten percent (10%) of which must be a closet or storage area. A carriage house must contain between eight hundred (800) and one thousand two hundred (1,200) net livable square feet, ten percent (10%) of which must be closet or storage area. Staff Response: The ADU is shown at 355 sq./ft. which complies with the minimum size requirements of the current code and 1999 code (original approval granted under mid- 90’s Land Use Code). The closet measures approximately 15.3 sq./ft. which equates to approximately 4.3% of the overall unit square footage, which is below today’s standards and the 1999 standards. Since the proposed storage is below the minimum size 6.    An ADU or carriage house shall be located within the dimensional requirements of the Zone District in which the property is located. DOES NOT APPLY 7.    The roof design shall prevent snow and ice from shedding upon an entrance to an ADU or carriage house. If the entrance is accessed via stairs, sufficient means of preventing snow and ice from accumulating on the stairs shall be provided. YES 8. ADUs and carriage houses shall be developed in accordance with the requirements of this Title which apply to residential development in general. These include, but are not limited to, building code requirements related to adequate natural light, ventilation, fire egress, fire suppression and sound attenuation between living units. This standard may not be varied. YES 9. All ADUs and carriage houses shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26.520.070, Deed restrictions and enforcement. This standard may not be varied. YES P100 VI.B. Exhibit B ADU Design Standards Review Criteria Page 4 of 6 requirements, staff finds this criterion to be not met, and Special Review approval would be required. 2. An ADU or carriage house must be able to function as a separate dwelling unit. This includes the following: a. An ADU or carriage house must be separately accessible from the exterior. An interior entrance to the primary residence may be approved, pursuant to Special Review; Staff Response: An exterior stair provides access to the ADU. Interior access is also provided from the primary structure which, along with the subgrade location, requires Special Review and approval from the Planning and Zoning Commission. This standard has remained unchanged from the 1999 version, attached ADU’s with interior connections weren’t prohibited when the unit was originally approved. Staff finds this criterion to be met. b. An ADU or carriage house must have separately accessible utility systems, controls and disconnect panels. This does not preclude shared services; Staff Response: The floor plan for the ADU shows an existing mechanical room accessible from the ADU through the interior access to the primary structure. Since shared services are allowed and the ADU has access to this mechanical room, staff finds this criterion to be met. c. An ADU or carriage house shall contain a full-size kitchen containing at a minimum: i. Minimum 30-inch wide oven, 4-burner stovetop. ii. A sink, dishwasher, and a minimum 20 cubic foot refrigerator with freezer. iii. Minimum 24 square feet of counter space and a minimum of 15 cubic feet of cabinet space. iv. Kitchens may not be located in a closet. Staff Response: The proposed kitchen is shown to meet the 1999 code requirements for a kitchen in an ADU. The house was built under a mid-1990’s code and the kitchen standards were silent. It’s been discussed between City Staff and the applicant that the 1999 standards, which adopted more clear guidelines for a kitchen in an ADU, may be used to provide guidance for the kitchen requirements. A two-burner stove top, sink, kitchen cabinets, refrigerator and freezer (minimum 6 cubic ft. capacity) are proposed, which would meet these earlier standards. The proposed kitchen does not meet the current code requirements. Under today’s code a four-burner stove would be required, a 20-cubic foot refrigerator, dishwasher, and 24 sq./ft. of counter top would be required under the current code. Since the proposed kitchen does not meet the current P101 VI.B. Exhibit B ADU Design Standards Review Criteria Page 5 of 6 standards, staff finds this criterion to not be met, and Special Review approval would be required. d. An ADU or carriage house shall contain a ¾ or larger bathroom containing, at a minimum, a sink, a toilet and a shower. Staff Response: The code requirements in 1999 are the same as todays requirements. The proposed ADU contains a shower with a tub, toilet, and sink. Staff finds this criterion to be met. e. An ADU or carriage house shall contain washer/dryer hookups, with a dryer vent rough-in, to accommodate minimum 27-inch wide washer/dryer units. Staff Response: The proposed ADU does not contain a washer and dryer and no hookups or venting rough-ins are shown. The 1999 code did not require washer or dryers or associated hook-ups. The applicant is requesting to replace the unit to the 1999 standards. Since the ADU does not meet the current code requirement, staff finds this criterion to be not met, and Special Review approval would be required. 3. One (1) parking space for the ADU or carriage house shall be provided on-site and shall remain available for the benefit of the ADU or carriage house resident. The parking space shall not be located in tandem, or “stacked,” with a space for the primary residence. Staff Response: At least one parking space is provided for use by the resident of the ADU, staff finds this criterion to be met. 4. The finished floor level of fifty percent (50%) or more of the unit’s net livable area is at or above natural or finished grade, whichever is higher. Staff Response: ADU is entirely below grade. The code under which this property was approved and built did not prohibit subgrade ADU’s and was in conformance with the applicable code at the time. The applicant is requesting to replace the ADU in the same location, staff finds this criterion to be not met, and Special Review approval would be required. 5. The ADU or carriage house shall be detached from the primary residence. An ADU or carriage house located above a detached garage or storage area or connected to the primary residence by an exterior breezeway or trellis shall still qualify as detached. No interior connections to the primary residence, or portions thereof, shall qualify the ADU or carriage house as detached. Staff Response: The code in which the property was originally built allowed attached ADU’s and did not prohibit interior connections. If the commission determines it’s appropriate to replace the ADU in the originally approved location, it’s impractical given the circumstances to require the applicant to comply with the requirements of this section since the illegal removal of the kitchen is all that triggered the replacement of the ADU process. That being said, the ADU does not comply with the requirements of this P102 VI.B. Exhibit B ADU Design Standards Review Criteria Page 6 of 6 standard, and therefore, staff finds this criterion to not be met, and Special Review approval would be required. 6. An ADU or carriage house shall be located within the dimensional requirements of the Zone District in which the property is located. Staff Response: Accessory dwelling units are an allowed use in the R/MF zone district. An analysis of height, floor area, and other dimensional requirements of this zone district are not included in this review. The applicable dimensional requirements of this zone district are legally established and are not subject to review as part of this application. Staff finds this criterion to be not applicable. 7. The roof design shall prevent snow and ice from shedding upon an entrance to an ADU or carriage house. If the entrance is accessed via stairs, sufficient means of preventing snow and ice from accumulating on the stairs shall be provided. Staff Response: The stairs are open to above but are snow melted, staff finds this criterion to be met. 8. ADUs and carriage houses shall be developed in accordance with the requirements of this Title which apply to residential development in general. These include, but are not limited to, building code requirements related to adequate natural light, ventilation, fire egress, fire suppression and sound attenuation between living units. This standard may not be varied. Staff Response: Light and ventilation is provided by windows between the unit and the stairwell, and the stairs provide emergency egress from the residence. The assemblies separating the ADU and primary residence are not being altered in this scope of work and are presumed to comply with the requirements of the code at the time the structure was built. Staff finds this criterion to be met. 9. All ADUs and carriage houses shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26.520.070, Deed restrictions and enforcement. This standard may not be varied. Staff Response: The property is deed restricted according to the deed restriction with Reception #383889. Staff finds this criterion to be met. P103 VI.B. Exhibit C Special Review – ADU Design Standards Review Criteria Page 1 of 3 Summary of Review Criteria for Section 26.520.080.D MET NOT MET DOES NOT APPLY D. Special Review. An application requesting a variation of the ADU and carriage house design standards shall be processed as a Special Review in accordance with the common development review procedures set forth in Chapter 26.304. The Special Review shall be considered at a public hearing for which notice has been posted, mailed, and published pursuant to Section 26.304.060.E.3. Review is by the Planning and Zoning Commission. If the property is an historic landmark, on the Inventory of Historic Sites and Structures or within a Historic Overlay District, the Historic Preservation Commission shall consider the Special Review. A Special Review for an ADU or Carriage House may be approved, approved with conditions or denied based on conformance with the following criteria: 1. The proposed ADU or carriage house is designed in a manner which promotes the purpose of the ADU and carriage house program, promotes the purpose of the Zone District in which it is proposed and promotes the unit's general livability. NOT MET 2. The proposed ADU or carriage house is designed to be compatible with and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy and historical significance of the property. YES Special Reivew - Variation of Accessory Dwelling Unit Design Standards P104 VI.B. Exhibit C Special Review – ADU Design Standards Review Criteria Page 2 of 3 D. Special Review. An application requesting a variation of the ADU and carriage house design standards shall be processed as a Special Review in accordance with the common development review procedures set forth in Chapter 26.304. The Special Review shall be considered at a public hearing for which notice has been posted, mailed, and published pursuant to Section 26.304.060.E.3. Review is by the Planning and Zoning Commission. If the property is an historic landmark, on the Inventory of Historic Sites and Structures or within a Historic Overlay District, the Historic Preservation Commission shall consider the Special Review. A Special Review for an ADU or Carriage House may be approved, approved with conditions or denied based on conformance with the following criteria: 1. The proposed ADU or carriage house is designed in a manner which promotes the purpose of the ADU and carriage house program, promotes the purpose of the Zone District in which it is proposed and promotes the unit's general livability. Staff Response: The ADU was built according to the applicable code requirements of the mid-1990’s. In general staff feels the ADU is a livable unit but is concerned with the likelihood of the unit’s occupancy in the current location. The ADU is below grade but meets the minimum size requirements, provides natural light to the unit, has storage, an adequate bathroom, and serviceable kitchen, but would need variances to meet the minimum requirements for multiple items in the ADU. Overall the unit is livable, however, given the purpose statement listed below, staff does not find that the ADU promotes the purpose of the ADU and Carriage House Program. Because of this, staff finds this criterion to not be met. 26.520.010 Purpose The purpose of the accessory dwelling unit (ADU) and carriage house program is to promote the longstanding community goal of socially, economically and environmentally responsible development patterns which balance Aspen the resort and Aspen the community. Aspen values balanced neighborhoods and a sense of commonality between local working residents and part-time residents. ADUs and carriage houses represent viable housing opportunities for working residents and allow employees to live within the fabric of the community without their housing being easily identifiable as “employee housing.” ADUs and carriage houses support local Aspen businesses by providing an employee base within the City and providing a critical mass of local residents important to preserving Aspen's character. ADUs and carriage houses allow second homeowners the opportunity to hire an on-site caretaker to maintain their property in their absence. Increased employee housing opportunities in close proximity to employment and recreation centers is also an environmentally preferred land use pattern, which reduces automobile reliance. Detached ADUs and carriage houses emulate a historic development pattern and maximize the privacy and livability of both the ADU or carriage houses and the primary unit. Detached ADUs and carriage houses are P105 VI.B. Exhibit C Special Review – ADU Design Standards Review Criteria Page 3 of 3 more likely to be occupied by a local working resident, furthering a community goal of housing the workforce. Aspen desires occupied ADUs and carriage houses; therefore, detached ADUs and carriage houses which are deed restricted as "for sale" units, according to the Aspen/Pitkin County Housing Authority Guidelines, as amended, and sold according to the procedures established in the guidelines, provide for certain floor area and affordable housing credit incentives. 2. The proposed ADU or carriage house is designed to be compatible with and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy and historical significance of the property. Staff Response: The ADU is subordinate to the primary residence in every way. Staff finds this criterion to be met. P106 VI.B. Exhibit D Summary of ADU Design Standards Page 1 of 2 Below is a summary of requirements from the mid-90’s, 1999, and current code: Mid-1990’s code (the original ADU was approved under this code): - Unit Size = 300-700 square feet of net livable - Deed restricted, limited to rental periods of no less than 6 months - One parking space - For attached units (different requirements for detached units) o Subject to dimensional requirements of the zone district 1999 code: - Unit size, between 300-700 square feet - Must be able to function as a separate dwelling unit o Must be separately accessible from the exterior, interior entrance must be approved by P&Z via special review. o Must have separately accessible utilities. o Must contain a kitchen containing at a minimum an over, a two-burner stove, a sink, a refrigerator with a minimum of 6 cu. ft. of capacity and a freezer. o A bathroom containing a minimum sink, toilet, and shower. - One parking space - Must comply with requirements of the zone district - Roof should prevent snow shed on the entrance, and if the entrance is accessed via stairs, a measure to reduce snow accumulation should be provided. - Shall be deed restricted and comply with the other requirements of the code, including building code requirements. Current Code (2015): - Unit size between 300-700 sq. ft., and 10% must be a closet or storage area. - Must function as a separate dwelling unit o Must be separately accessible from the exterior, interior connections must be approved by P&Z via special review. o Must have separate utility systems, does not preclude shared services. o Shall contain a full-sized kitchen including: § 30” over with four-burner stove § Sink, dishwasher, a minimum 20 cu. ft. refrigerator with freezer. § 24 Sq. ft. of counter space and 15 cu. ft. of cabinet space § Kitchens can’t be in closets o Must contain a ¾ or larger bathroom with at least a sink, toilet, and shower o Washer/dryer hookups with dryer vent rough-in to accommodate a minimum 27” wide washer/dryer unit. - One parking space - Must be 50% above grade - Must be detached from primary residence. Can be above a detached garage that’s connected to the primary residence by breezeway counts. No interior connections are allowed. - Must comply with the dimensional requirements of the zone district. P107 VI.B. Exhibit D Summary of ADU Design Standards Page 2 of 2 - Roof should prevent snow and ice shedding on the entrance of the ADU. If accessed via stairs snow and ice accumulation must be reduced. - Must comply with building code requirements. - Must be deed restricted and registered with APCHA. It is important to note, that today the code does not allow new ADUs to be used to satisfy mitigation requirements. Existing ADUs are able to stay, and ADUs that have had alterations without a permit are able to request Special Review from P&Z to be restored. Additionally, owners who are interested in full removal of their ADUs are able to pay a cash-in-lieu and/or land a housing certificate to buy out of it. When considering the alternatives, it’s important to understand the cash in lieu option and why it’s provide in the code. The total mitigation required for a development is determined by first calculating the number of full time equivalent employees (FTE’s), or the number of employees housed or generated by the development. For new residential development the number of employees housed in a unit is used as a basis to establish the FTE for that development. For the removal of an ADU, the code requires mitigation for .38 FTE’s. This figure is based on the following methodology: the average ADU is a studio or one- bedroom unit that houses 1.5 FTE’s. ADU’s have an occupancy rate of approximately 25%, so 1.5 (FTEs)x.25=.375, which is rounded up to .38 FTE’s. Once you establish the number of FTE’s generated by a development activity, you multiply the FTE number by the cash-in-lieu rate. The cash-in-lieu rate is based on affordable housing category designation. The cash-in-lieu rate was established by City Council with help from city staff and consultants and is updated every 5 years. The most recent cash-in-lieu rate was updated via Ordinance 5, Series of 2018. The cash- in-lieu rate is established by subtracting the unit sales revenue per FTE from the total cost of development per FTE. The cost of development looked at “hard” and “soft” costs associated with the construction of units in Aspen. The development cost was an average of current construction costs and anticipated future costs of construction. The category designation required for each type of development is established by the land use code. The mitigation for the removal of an ADU requires .38 FTE’s at a Category 2 designation. The category 2 cash in lieu rate is $342,599.02, therefore, the total cash-in-lieu fee for the removal of the ADU is $130,187.63. - P108 VI.B. 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM September 14, 2018 Mr. Ben Anderson Community Development Department City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: Sembler ADU – 222 So. Cleveland Avenue M r. Anderson: Please accept this application for Special Review to reinstall an Accessory Dwelling Unit at the 222 South Cleveland Street property. The property was originally developed in the mid-1990s with a single- family home and an Accessory Dwelling Unit. During the course of various owners and use over the following 20+ years, the kitchen of the ADU was removed. The absent kitchen was noted by the City during a recent building code inspection for unrelated remodeling work and the City requested the property owner either reinstall the ADU (by installing a kitchen) or provide a fee-in-lieu payment mandated when an ADU is removed. This application proposes to reinstall the ADU by installing a kitchen. The City’s ADU standards have changed over the years. The Land Use Code section applicable to ADUs in the mid 1990’s, attached as Exhibit 2, provided minimal guidance. ADUs were encouraged to be attached to the primary unit, accessed from an alley if one existed, subtle in their character, and subordinate to the primary residence. The code allowed for subgrade units and internal connections. The code also provided minimal guidance on the minimum kitchen facilities needed for an ADU. The ADU in question was approved and built under this mid-1990s code. Exhibit E- Application P109 VI.B. 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM The lack of specificity regarding a kitchen was addressed during a 2001 Code update. The revisions provided minimum sizing for kitchen elements among other changes to the ADU program. In discussing this issue with Community Development staff, it was decided to refer to the 2001 code amendment language for guidance regarding kitchen requirements. While the ADU is not subject to these standards, the update provided a much better description of a kitchen and an easier target to agree upon. Due to the ADU being developed under a previous code, the proposed re-installation does not comply with the current ADU standards. Without redeveloping the entire property, adherence to the current standards is physically impractical and an unreasonable request in light of a simple kitchen installation. For example, current standards require an ADU to be detached from the primary residence. Without a complete redevelopment of the property, compliance with this requirement is impractical. Recognizing the existing physical realities and retrofit aspect of re- installing the ADU necessitates a Special Review with the Planning and Zoning Commission. The Special Review criteria are addressed in Exhibit 1. Plans for the ADU are attached along with pictures of existing conditions. We look forward to working with you on this project. Please do not hesitate to contact me for a site visit or additional information that will aid your review. Kind Regards, Chris Bendon, AICP BendonAdams LLC Attachments: 1. Review Criteria 2. 1990s ADU Standards 2.1 2001 ADU Standards 3. Pre-Application Summary 4. Application form 5. Agreement to Pay form 6. HOA form 7. Authorization to represent 8. Proof of ownership 9. Vicinity Map 10. Photos of existing conditions 11. ADU Retrofit Plan P110 VI.B. Exhibit 1 Review Criteria 26.520.080.D. Special Review. An application requesting a variation of the ADU and carriage house design standards shall be processed as a Special Review in accordance with the common development review procedures set forth in Chapter 26.304. The Special Review shall be considered at a public hearing for which notice has been posted, mailed, and published pursuant to Section 26.304.060.E.3. Review is by the Planning and Zoning Commission. If the property is an historic landmark, on the Inventory of Historic Sites and Structures or within a Historic Overlay District, the Historic Preservation Commission shall consider the Special Review. A Special Review for an ADU or Carriage House may be approved, approved with conditions or denied based on conformance with the following criteria: 1. The proposed ADU or carriage house is designed in a manner which promotes the purpose of the ADU and carriage house program, promotes the purpose of the Zone District in which it is proposed and promotes the unit's general livability. Response – The unit continues the tradition of incorporating small-scale affordable housing opportunities into existing neighborhoods, allowing employees to live within the fabric of the existing community. The unit allows complete independent living for a resident having no caretaker relationship with the property owner. The unit also has the ability to house a caretaker or caregiver with a more direct relationship with the property owner. This flexibility increases the likelihood the unit will house a local working resident. The unit has high (9-foot) ceilings and all interior spaces are finished in a comparable manner as the main house. (the photo to the right shows the bathroom finishes.) The unit is provided with its own dedicated parking space and downtown is a 5-minute walk. The unit’s general livability is very high. The ADU is consistent with the purposes of the zone district. This property is zoned Residential Multi-Family. The purpose of the district is as follows: The purpose of the Residential Multi-Family (RMF) Zone District is to provide for the use of land for intensive long-term residential purposes, short term vacation rentals, and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Residential Multi-Family (RMF) Zone District are typically those found in the Aspen infill area, within walking distance of the center of the City or lands on transit routes and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. P111 VI.B. Exhibit 1 Review Criteria This property is developed with a single-family home (a permitted use) providing housing for long-term residential purposes and an Accessory Dwelling Unit (a permitted use accessory to a primary dwelling) also providing housing for long-term residential purposes. The property and this ADU are reflective of and supported by the purpose of the zone district. 2. The proposed ADU or carriage house is designed to be compatible with and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy and historical significance of the property. Response – The Accessory Dwelling Unit is subordinate to the primary residence in every respect. The unit is smaller and is accessed from the alley-side of the property. The ADU has only one of the three parking spaces. The ADU enables either complete independent living or a living situation where internal access to the primary unit is desirable or necessary. This enables the unit to serve an employee with no operational or employment relationship to the primary unit or a caretaker or caregiver with direct access needs to the primary unit. While ADUs are not required to be rented or occupied, this flexibility provides a higher likelihood the unit will be used to house a local working resident. The unit’s access is located along the alley side of the property. The access is simple, providing a code compliant and appropriate front door to the unit while remaining compatible with the architecture and subordinate to the primary house. The primary entrance to the house continues to read as a single-family home. The property is landscaped with mature vegetation and the ADU is treated with the same level of landscape treatment. The property has no historical significance. P112 VI.B. Exhibit 21990s ADU RegsP113VI.B. P114VI.B. P115VI.B. P116VI.B. Exhibit 2.1P117VI.B. P118VI.B. P119VI.B. P120VI.B. P121VI.B. P122VI.B. P123VI.B. P124VI.B. PRE-APPLICATION CONFERENCE SUMMARY DATE: August 28, 2018 PLANNER: Ben Anderson, 429.2765 PROJECT NAME AND ADDRESS: 222. S. Cleveland PARCEL ID# 273718204004 REPRESENTATIVE: Chris Bendon, BendonAdams DESCRIPTION: (Existing and Proposed Conditions) The home at 222 S. Cleveland contains a deed restricted, “voluntary” Accessory Dwelling Unit (ADU). When approved with the original development of the property, the ADU was located in the basement. At some point, the kitchen facilities required of the ADU were removed. During a recent zoning inspection for a remodel of the home, the absence of the ADU kitchen was noted and a progressive enforcement process was initiated by Claude Salter, Zoning Enforcement Officer. While the Land Use Code provides a process for the removal of ADUs, the City can find no evidence that such a process has ever been initiated at 222 S. Cleveland. The owner of 222 S. Cleveland has two options to remedy this situation. The first path would pursue administrative approval of the removal of the ADU and associated deed restriction. To remove the deed restriction pursuant to Aspen Municipal Code Section 26.520.090.C, the applicant shall provide mitigation for 0.38 Category 2 Full-time Equivalent employees in the form of Affordable Housing Certificates or fee-in-lieu. The current fee-in-lieu rate for Category 2 is $342,599.02, per FTE so mitigation by that method would be 0.38 x $342,599.02 = $130,187.62. An inspection to confirm that the space no longer qualifies as a dwelling unit shall be issued prior to the release of the deed restriction. The release shall be accepted by the City Attorney and filed with the Pitkin County Clerk and Recorder. The second path would re-establish the physical requirements of the ADU in its previous location. This requires special review of the Planning and Zoning Commission; subject to 26.520.080.D. The requirement for the Board review stems from the fact that the current Land Use Code standards do not allow for subgrade units, and currently require kitchen features that are significantly different than those that were originally installed in this ADU. Staff would be supportive of this outcome with P&Z, but it is an outcome that is not able to be approved administratively. If this outcome were approved by P&Z, the deed restriction for the ADU remains in place. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.520 Accessory Dwelling Units and Carriage Houses For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code Exhibit 3 P125 VI.B. REVIEW BY: • Staff for Complete Application Option 1 Community Development Director Option 2 • Planning and Zoning Commission REQUIRED LAND USE REVIEW(S): • Option 1 – Amendment of an ADU or Carriage House Development Order • Option 2 – Special Review – for a variation of an ADU design standard PUBLIC HEARING: • Option 1 – No • Option 2 - Yes. It is the responsibility of applicant to coordinate with Planning staff to meet the notice requirements for the public hearing. PLANNING FEES: Option 1 $975 deposit for 3 hours of staff time (Admin Review) Option 2 $3,250 deposit for 10 hours of staff time (P&Z Review) APPLICATION CHECKLIST – These items should first be submitted in a paper copy.  Completed Land Use Application and signed Fee Agreement.  Pre-application Conference Summary (this document).  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, 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.  Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant.  HOA Compliance form (Attached to Application)  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 and relevant land use approvals associated with the property. Essential to this case is a floor plan and description of the lower level depicting the past, existing, and proposed conditions for the ADU.  Written responses to applicable review criteria. P126 VI.B. Depending on further review of the case, additional items may be requested of the application. Once the application is deemed complete by staff, the applicant/applicant’s representative will receive an e-mail requesting submission of an electronic copy of the complete application and the deposit. Once the deposit is received, the case will be assigned to a planner and the land use review will begin. Once the copy is deemed complete by staff, the following items will then need to be submitted:  1 digital PDF copy of the complete application.  Total deposit for review of the application. 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. P127 VI.B. Sembler ADU - 222 So. Cleveland Street 2737-182-04-004 Brent and Debbie Sembler 5858 Central Avenue; St Petersburg, FL 33707 727.384.6000 Brent.Sembler@Sembler.com BendonAdams 300 So. Spring St #202 970.925.2855 Chris@BendonAdams.com Re-Installation of an Accessory Dwelling Unit within an existing home. Home previously had an ADU in the proposed location. Replacement ADU is proposed to meet Land Use Code requirements applicable upon its previous installation. Special Review - Variation of ADU design standards n/a n/a 1 (existing) n/a n/a 3,250 Exhibit 4 P128 VI.B. CITY OF ASPEN CoMMuNITY DEVELOPMENT DEPARTMENJI Agreement to Pay Application Fees An agreement between the City of Aspen (“City”)and Please type or print in all capsAddressofProperty:222 So.Cleveland St.;Aspen Property Owner Name:Brent &Debbie Sembler Representative Name (if different from Property Owner)__BendonAdams Billing Name and Address -Send Bills to: Brent Semblec;5858 Central Avenue;St Petersburg,FL 33707 Contact info for billing:e-mail:Brent.Sembler@sembler.com Phone:727.384.6000 I understand that the City has adopted,via Ordinance No.30,Series of 2017,review fees for Land Use applications andpaymentofthesefeesisaconditionprecedenttodeterminingapplicationcompleteness.I understand that as the propertyownerthatIamresponsibleforpayingallfeesforthisdevelopmentapplication. For flat fees and referral fees:I agree to pay the following fees for the services indicated.I understand that these flat fees arenon-refundable. $.flat fee for __________________. $.____________ __________________________________________________________ $._____________ _____________________________ For Deposit cases only:The City and I understand that because of the size,nature or scope of the proposed project,it is notpossibleatthistimetoknowthefullextentortotalcostsinvolvedinprocessingtheapplication.I understand that additionalcostsoverandabovethedepositmayaccrue.I understand and agree that it is impracticable for City staff to completeprocessing,review and presentation of sufficient information to enable legally required findings to be made for projectconsideration,unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned totheCityshallbeconsideredbytheCityasbeingreceivedbyme.I agree to remit payment within 30 days of presentation ofaninvoicebytheCityforsuchservices. I have read,understood,and agree to the Land Use Review Fee Policy including consequences for no-payment.I agree to paythefollowinginitialdepositamountsforthespecifiedhoursofstafftime.I understand that payment of a deposit does notrenderandapplicationcompleteorcompliantwithapprovalcriteria.If actual recorded costs exceed the initial deposit,IagreetopayadditionalmonthlybillingstotheCitytoreimbursetheCityfortheprocessingofmyapplicationatthehourlyrateshereinafterstated. $__3,250 depositfor 10 hoursofCommunityDevelc above the deposit amount will be billed at $325.00 per hour. $_________________deposit for ______________ hours of Engineering deposit amount will be billed at $325.00 per hour. City of Aspen: November 2017 City of Aspen I 130 5.Galena St.1(970)920 5090 $.___________flat fee for flat fee for flat fee for Additional time Signature: Jessica Garrow,AICP PRINT Name:Brent SemblerCommunityDevelopmentDirector Owner;222 So.Cleveland St;AspenCityUse: Title: ______________________________________________ Fees Due:$Received $_______ Case #_________________________ Exhibit 5 P129 VI.B. Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Owner ("I"): Name: Brent Sembler Email: Brent.Sembler@sembler.com Address of 222 So. Cleveland; Aspen, CO 81611 Property: (subject of application) I certify as follows: (pick one) Phone No.: 727.384.6000 @ This property is not subject to a homeowners association or other form of private covenant. D This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. D This property is subject to a horn owners association rivate covenant and the improvements proposed in this land use ap Ii proved by the homeowners association or covenant beneficiary. I understand this policy an applicability, meaning or understand that this docu d the c· of Aspen does not interpret, enforce, or manage the 1 ate enants or homeowner association rules or bylaws. I cument. Owner signature: Owner printed name: =B.;..re""'n"""t"""S:;..;e=m"""b"""l""'e.;...r _____ _ or, Attorney signature: ____________ date: ____ _ Attorney printed name: ___________ _ Exhibit 6 P130 VI.B. September 101 2018 Jessica Garrow,AICP Community Development Director City of Aspen 130 So.Galena St. Aspen,Colorado 81611 BendonAdams RE:222 So.Cleveland Street;Aspen,CO. Ms.Garrow: Please accept this letter authorizing and BendonAdams,LLC,to represent our ownership interests in 222 South Cleveland Street and act on our behalf on matters reasonably associated in securing land use approvals for the property. If there are any questions about the foregoing or if I contact me. can assist,please do not hesitate to Property —222 So.Cleveland Street;Aspen,CO 81611 300 SO SPRING ST I 202 I ASPEN,CO 81611 970.925.2855 1 BENDONADAMS.COM Legal Description —Lot 1,Fellman Lot Split Parcel ID —7 -182-04-004 Debbie Sembler Br 5858 St.Petersburg,FJ3707 727.384.6000 Brent.Sembler@sembler.com Exhibit 7 P131 VI.B. MEMORANDUM OF OWNERSHIP-ACCOMMODATION NO LIABILITY PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO. BY EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, DISCLOSES THE FOLLOWING: GRANTEE IN THE LAST INSTRUMENT OF CONVEYANCE BRENT SEMBLER and DEBBIE SEMBLER LEGAL DESCRIPTION LOT 1, FELLMAN LOT SPLIT, according to the Plat thereof recorded October 31, 1994 in Plat Book 35 at Page 67. DEED OF TRUST APPARENTLY UNRELEASED DEED OF TRUST FROM : BRENT W. SEMBLER and DEBBIE N. SEMBLER TO THE PUBLIC TRUSTEE OF THE COUNTY OF FOR THE USE OF : BANK OF AMERICA, N.A. TO SECURE : $3,500,000.00 DATED : DECEMBER 10, 2015 RECORDED : DECEMBER 23, 2015 RECEPTION NO. : 625823 LIENS AND JUDGMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED NONE THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION. THE INFORMATION HAS BEEN TAKEN FROM THE PUBLIC RECORDS, WITHOUT REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT CHARGED FOR THIS REPORT. EFFECTIVE DATE: SEPTEMBER 25, 2018 PITKIN COUNTY TITLE, INC. BY: Authorized Officer JOB NO: ACCOM2840 Exhibit 8 P132 VI.B. P133 VI.B. P134 VI.B. P135 VI.B. Exhibit 9 222 South Cleveland Street – Vicinity Map P136 VI.B. 222 South Clevelandvisuals of home and exisƟ ng conditionsaspen | colorado123Exhibit 10Site photos from northwest property corner and from southwest corner looking along alleyExisting access to ADUfrom alley side of propertyInterior pictures showing entry, bathroom, interior connection, kitchen locationP137 VI.B. Exhibit 11 P138VI.B. EXHIBIT Exhibit C AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF P OPERTY- �92 0/ Aspen, CO S J +ED ED PUBLIC HEARING DATE: No✓' L( 'R2M'! ,2� STATE OF COLORADO ) . ss. County of Pitkin ) I, (name,please print) being or representing an Applicant to the City 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: L/ 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 on the_day of , 20� 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 'pr6paid U,8. mail,t6 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. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted-prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Exhibit C Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested,to affected mineral estate owners by at least thirty(3 0)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, SPAS or PUDs that create more than one. lot, new Planned Unit Developments, and.new Specially Planned Areas, are subject 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 of an accurate survey-map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ignature The foregoing"Affidavit of Notice"was aclmowledged before e this/day of J;, r--;cr , 20LK by- NOTICE yNOTICE OF PUBLIC HEARING WITNESS ESS N HAND AND OFFICIAL SEAL RE:909 Waters Avenue Public Hearing:Tuesday,November 20,2010; 4:30 PM My commission expires. !✓�/ (/� 130 S. Meeting lone St.. City Hall,Sister Cities 130 a Galena SI.,Aspen,CO 81611 Protect cri ed as Parcel ID:2737-182-81-003-Block 1203;Le gall Described as:Lots F and G.frock 120,City ` 1 andy7mvnsile of Aspen,Pilkin County,Colorado Description:The appliwnl,909 Waters LLC.909 'Waters Avenue,Aspen,CO 81611,is requesting i w variation from a Residential Design Slendard(Ad9 Notary Public ulataddition orthesingle-family Building Mass)asmily part of the remodel and NICOLE ELIZABETH HENNING addition to the single-family dwelling. Lend Use Reviews Req: Residenllal Design NOTARY PUBLIC•STATE OF COLORADO Standard Variation Decision Making Body: Planning and Zoning Notary Identification 820154012950 Commission .Applicant:909 Waters LLC,909 Waters Avenue My Commission Expires 3131/2019 Aspen,CO 81611 More Inlormalton: For further Information relaladr.TACfflMNTS AS APPLICABLE: _ Io the project,contact Kevin Reyesatthe City of As Galena an St Aslpen,CO, 970)g2Wall 9279'�"°"'• '�°s BLICATION kavin.rayes0cilyafaspen.com. F THE POSTED NOTICE(SIGA9 - Pu�ihBed��e Aspen Times Weekly on Novembe - WRS AND GOVERNMENTAL AGENCIES NOTICED EY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 Exhibit C CITY-OF • DEVELOPMENT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: 909 Waters Avenue , Aspen, CO SCHEDULED PUBLIC HEARING DATE: November 20 , 20 18 STATE OF COLORADO ) SS. County of Pitkin ) 1, Chris Bendon (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 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. V 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 on the 2 day of November 2018 '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 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 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. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached,was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (Continued on next page) 2016 • Ape1 • 1 1 5050 Exhibit C OF • DEVELOPMENT 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 tax records of Pitkin County. At a minimum,Subdivision, Spas or PUDs that create more than one lot, new Planned Unit Development, and new Specially Planned Areas,are subject to this notices 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,to whenever the text of this Title is to be amended,whether such revision be made by repeal of this Title and enactment of new land use regulation,or otherwise,the requirement of an accurate survey map or other significant legal description of, and the notice to and listing of names and addresses of owners of real estate property in the ears of the proposed change shall be waived. However,the proposed zoning during all business bours for fifteen (15)days prior to the public hearing on such amendments. KA(l I Signature The foregoing"Affidavit Notice" was acknowledged before me this �' day of ��L�v r l{�✓�Y� 20_�E, by WITNESS MY HAND AND OFFICIAL SEAL TARA L. NELSON NOTARY PUBLIC My commission expires: STATE OF COLORADO 40300 f� ^ NU"iARI'ID#20014030017 -i f;�nission Expares September 2S,2021 L Notary Public ATTACHMENTS AS APPLICABLE: COPY OF THE PUBLICATION © PHOTOGRAPH OF THE POSTED NOTICES (SIGN) o LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL o APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICED AS REQIURES BY C.R.S§24-65.5-103.3 ea # o tu 9 .. j i — t 41 r. r •,� �; � .ti`s � •1 r 4 � � ft, we kk rel'. u1 moo 4R 'r�• � "• •�''•, ani• 1►: Olt ;1 , r NOTICE OF PUBLIC HLi - . gog Waters Avenue f-. Project Location: 909 Waters Ave.; Aspen " Land use Reviews: Residential Design Standards Variation Decision Making Body: Planning & Zoning Commission Ott' Hearing Date: November 20, 2018, 4:30 p.m. 130 S. Galena Street, Hearing Location: City Hall, Sister Cities Rm.; 130 S. Aspen, CO 81611Galena St; Aspen, CO 81611 p: (970) 920.5000 f: (970) 920.5197 www.aspenpitkin.com applicant is proposing a remodel and an expansion to the rear Project Description: The app p p gThe r of the existing home to accommodate kitchen and dining acu ation of building mass" uires a i variation to the City's Residential Design Standard for arty regarding maximum sidewall depth. Legal Description: Lots F & G, Block 120, City and Townsite of Aspen. Parcel ID: 2737-182-81-003 Applicant: 909 Waters LLC; Neal Katyal, Principal; 4806 Morgan Dr.; Chevy Chase, MD 20815. Represented by BendonAdams. More Information: For further information related i tment,o the 130 St Galena tSteVAspen, CO, the City of Aspen Community Developmentp (970) 429.2797, kevin.rayes@cityofaspen.com I. I BendonAdams 300 So Spring St 202 Aspen, CO 81611 970.925.2855 bendonadams.com 4-1 ;1 Lij 4 VJ � ciE CD Q E r t C > dz c f Q) - O ►.. � +- 0 cr, Ir, > , q , v � � CL m ' 'Q LL y P , Exhibit C Pitkin County Mailing List of 300 Feet Radius From Parcel: 273718281003 on 10/26/2018 ff K I N j C ouNT Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page,. or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. http://www.pitkinmapsandmore.com Exhibit C LORING ROBERT& ISABEL ROSEN PHILIP B ORR ROBERT L FAMILY PARTNERSHIP LLLF 2912 W VILLA ROSA PK 41 OLD CONCORD RD 2700 G RD#12A TAMPA,FL 33611 LINCOLN,MA 01773 GRAND JUNCTION,CO 81506 LITTLE NELL CONDO ASSOC RICHTER VALERIE A TRUST ELLIOTT JASON C&KATHERINE BROOKS 611 S WEST END 6214 N 34TH ST 929 E DURANT AVE#4 ASPEN,CO 81611 PARADISE VALLEY,AZ 85253 ASPEN,CO 81611 LACHER MARC P INVEST TRUST ROTHSCHILD IVETTE SCHNEIDER TRUST SILVER GLO CONDO ASSOC 840 N LAKE SHORE DR#1101 122 N BEMISTON AVE 930 WATERS AVE CHICAGO,IL 60611 ST LOUIS,MO 63105 ASPEN,CO 81611 UHLFELDER FAMILY INVESTMENTS RLLP ASPEN TOWNHOUSES BY THE RIVER COND, WATCHMAKER LINDA L REV TRUST 210 AABC#AA COMMON AREA 4527 BRUCE AVE ASPEN,CO 81611 1050 WATERS AVE MINNEAPOLIS,MN 55424 ASPEN,CO 81611 NADJAFI MORTEZA&HEIDI GESSNER RICHARD W REV TRUST KANNER REAL ESTATE LLC 736 N MAGNOLIA AVE 1705 11TH ST NE 712 GREENTREE RD ORLANDO,FL 32803 MASSILLON,OH 44646 PACIFIC PLSDS,CA 90272-3909 WILKS DAN H&STACI RICE MARGARET A SEGUIN JEFF W&MADALYN B PO BOX 3116 13912 FLINT 617 E COOPER AVE#412 ASPEN,CO 81612 OVERLAND PARK,KS 66221 ASPEN,CO 81611 UHLFELDER FAMILY INVESTMENTS RLLP GABRICK NORMAN M JJA FAMILY LLC 210 AABC#AA 4910 MALIBU DR 2145 FIELDCREST DR ASPEN,CO 81611 EDINA,MN 55436-2712 OWENSBORO,KY 42301 AIBEL JONATHAN E&BONNIE L 914 WATERS CONDO ASSOC AMERENA ROBIN 10 EDGEWATER DR #5A PO BOX 7756 250 ST KILDA#507 SOUTHBANK CORAL GABLES, FL 33133 ASPEN,CO 81612-7756 MELBOURNE VICTORIA AUSTRALIA 3006, POPE AIDAN RICHARD LHG HOLDING LLC SCHIRMER LESLIE M TRUST 220 CENTRE ST#4 11777 SAN VICENTE BLVD 9TH FL 4100 E QUINCY AVE NEW YORK,NY 10013 LOS ANGELES,CA 90049 ENGLEWOOD,CO 80113 C-L HOLDINGS LLC NEWTON BARBARA LOUISE MEYER WILLIAM J PO BOX 126 PO BOX 9410 1101 17TH ST NW#1000 WOODY CREEK,CO 81656 ASPEN,CO 81612 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ROTHSCHILD ANDREW TRUST BARDING DOROTHY L TRUST SEWELL BEVERLY J TRUST 122 N BEMISTON AVE 711 SE 3RD ST 884 QUAIL RUN DR ST LOUIS,MO 63105 DELRAY BEACH,FL 33483 GRAND JUNCTION,CO 81505 G&H INVESTMENT CO IONTACH LLC FRYKLUND ROBERT 6471 MANTOVA ST PO BOX 21176 2917 DUKE ST LONG BEACH,CA 90815 CATONSVILLE,MD 21228 HOUSTON,TX 77005 LEE MARIANNE S LTD PARTNERSHIP SNOWFLAKE WATERS LLC WHITAKER PATRICIA D TRUST 2836 PATRIOT PARK PLACE 420 E MAIN STE 2 236 LINDEN AV HENDERSON,NV 89052 ASPEN,CO 81611 ST LOUIS,MO 63105 ASPEN JEWELRY LLC HOWELL JOHN D JR&SARA TAGLER MELINDA 1010 E HYMAN AVE 809 SOMERSET LN 1121 WALZ AVE ASPEN,CO 81611 JONESBORO,AR 72401 GLENWOOD SPRINGS,CO 81601 CHMELIR FRANK J&SANDRA L SIMON JEROME M COX LESTER B REV TRUST 201 39TH ST 610 S WEST END ST#C204 601 S WEST END ST#11 DOWNERS GROVE, IL 60515 ASPEN,CO 81611 ASPEN,CO 81611 RAMSEY STACIE A ZIDELL JAMES D LIVING TRUST SCHNEIDER ROBERT C 39 CANTERBURY RD 1015 MORAGA DR 3003 S ONG ST MADISON,NJ 07940 LOS ANGELES,CA 90049 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