HomeMy WebLinkAboutlanduse case.board of adjustment.592 McSkimming Rd.0027.2011 THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0027.2011.ASLU
PARCEL ID NUMBER 2737 18 10 2003
PROJECTS ADDRESS 592 MCSKIMMING RD
PLANNER AMY GUTHRIE
CASE DESCRIPTION BOA
REPRESENTATIVE STAN MATHIS
DATE OF FINAL ACTION 6.3.11
CLOSED BY ANGELA SCOREY ON: 8.11.11
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V Routing Status • Fees ' Fee Summary Main Actions I Attachments ! Routing History Valuation I ArchjEng 'Custom Fields Sub Permits ! ■
c Permit type aslu Aspen Land Use Permit • 0027.2011 .ASLU
7, Address 592 MCSKIMMING RD Apt /Suite
° o City ASPEN 1 State CO I Zip 181611
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=9 Permit Information
I' Master permit 1 Routing queue aslu07 Applied I5i2.2011 1
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7,- Project Status pending Approved
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N Description BOARD OF ADJUSTMENT FOR 592 MCSKIMMING RD Issued
Final
Submitted STAN MATHIS 618 6636 Clock !Running Days 0 Expires 4t26 2012
Submitted via
I
Owner
Last name SHANNON JOEL INGRAM First name 3642 UNDERWOOD XX I
HOUSTON TX 77025
Phone ( ) - Address
Applicant
❑Q Owner is applicant? ❑ Contractor is applicant?
Last name SHANNON JOEL. INGRAM First name 1 3642 UNDERWOOD XX
HOUSTON TX 77025
Phone ( ) - Cust # 29011 I Address
Lender
Last name I First name
Phone ( ) - Address
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DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order ", is hereby issued pursuant to Section 26.304.070,
"Development Orders ", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen
Municipal Code. This Order allows development of a site specific development plan pursuant to
the provisions of the land use approvals, described herein. The effective date of this Order shall
also be the initiation date of a three -year vested property right. The vested property right shall
expire on the day after the third anniversary of the effective date of this Order, unless a building
permit is approved pursuant to Section 26.304.075, or unless an exemption, extension,
reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After
Expiration of vested property rights, this Order shall remain in full force and effect, excluding
any growth management allotments granted pursuant to Section 26.470, but shall be subject to
any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Property Owner's Name, Mailing Address and Telephone Number
Joel Shannon, 3642 Underwood XX, Houston, Texas 77025, 970 -618 6636 (Stan Mathis)
Legal Description and Street Address of Subject Property
• Subdivision: Aspen Grove, Block 3, Lot 4, City of Aspen, Pitkin County, Colorado,
commonly known as 592 McSkimming Road.
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Approval grants a dimensional requirements variance for the property's front -yard setback. The
approval allows for a revised setback to match an improved/expanded driveway and soil retention
system. These improvements are documented as Exhibits A and B in the Resolution. This
variance shall not allow any other improvements than those displayed in Exhibits A and B.
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
Dimensional Requirements Variance (front -yard setback) granted by the Board of Adjustment
through Resolution No. 1, Series of 2011.
Effective Date of Development Order (Same as date of publication of notice of approval.)
June 26 2011
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26308.010 of the City of Aspen
Municipal Code.)
June 26 2014
Iss this 21 t, of June, 2011, by the City of Aspen Community Development Director.
Chris Beni on, ommunity Development Director
Resolution No. 1
(SERIES OF 2011)
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN,
GRANTING A FRONT -YARD SETBACK VARIANCE FOR 592 McSI IMMING ROAD,
BLOCK 3, LOT 4, ASPEN GROVE SUBDIVISION, ASPEN, COLORADO
Parcel ID: 2737- 181 -02-003
WHEREAS, Joel and Margaret Shannon, 3642 Underwood XX, Houston, TX 77025,
represented by Stan Mathis, submitted a request for variance, dated May 2, 2011 to the Board of
Adjustment as outlined in Section 26.314.040; and
WHEREAS, the Board of Adjustment reviewed the application upon recommendation
from the Community Development Department on June 16th, 2011 during a noticed public
hearing; and,
WHEREAS, the City of Aspen Board of Adjustment finds that the development proposal
meets or exceeds all applicable development standards and that the approval is consistent with the
goals and objectives of the Aspen Area Community Plan; and
WHEREAS, The City of Aspen Board of Adjustment voted in favor of the application by
a vote of 5 - 0 by those present .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN BOARD OF
ADJUSTMENT AS FOLLOWS:
Section 1: Findings of Fact
The Board of Adjustment makes the following findings of fact:
1. Notice of the proposed variance has been provided to surrounding property owners in
accordance with Section 26 304 060(EX3) of the Aspen Municipal Code. Evidence of
such notice is on file with the City Clerk.
2. The grant of variance is generally consistent with the purposes, goals, objectives, and
policies of the Aspen Area Community Plan and Chapter 26 of the Aspen Municipal
Code.
3. The grant of variance is the minimum variance that will make possible the reasonable
use of the parcel, building or structure.
5. The literal interpretation and enforcement of the terms of Chapter 26 of the Aspen
Municipal Code would deprive the applicant of rights commonly enjoyed by other
parcels in the same zone district, and would cause the applicant unnecessary hardship or
Resolution No. 1, Series 2011
RECEPTION#: 580675, 06/22/2011 at page 1 of 3
09:28:25 AM,
1 OF 6, R $36.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
Section 8:
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 9:
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 City of Aspen Board of Adjustment on this 16 day of June, 2011.
APPROVED AS TO FORM: O' • t _l "
ilea
0 orcester, City Attorney Rick/Read,
ATTEST:
A
Jacki Lothian, Deputy City erk
List of Exhibits
Exhibit A: Site plan depicting improvements and revised front -yard setback.
Exhibit B: Elevations of stacked boulder retaining wall
Resolution No. 1, Series 2011
Page 3 of 3
Ns ,
practical difficulty. In determining that the applicant's rights would be deprived absent a
variance, the Board considered certain special conditions and circumstances which are
unique to the parcel, building or structure, which are not applicable to other parcels,
structures or buildings in the same zone district and which do not result from the
actions of the applicant.
Section 2: Variance Granted
The Board of Adjustment does hereby grant the applicant the following variance from the terms of
Chapter 26 of the Aspen Municipal Code:
A front -yard setback reflecting the driveway expansion and stacked boulder
retaining wall as displayed in Exhibit A of this Resolution. This variance shall only
be applied to those improvements referenced in Exhibits A and B. No other
development shall be permitted in the amended front -yard other than those
permitted setback projections defined within Land Use Code Sub - section
26 .575 .020.E.5, Allowed Projections into Setbacks.
Section 3:
The approval granted hereby shall be subject to all rights of judicial review; the period of time
permitted by law for the exercise of such rights shall not begin to run until the date of publication of
final development approval as required under Section 26.304.070(A) of this Chapter.
Section 4:
Zoning that is not part of the approved site specific development plan shall not result in the creation
of a vested property right.
Section 5:
Nothing in this approval shall exempt the development order from subsequent reviews and
approvals required by this approval of the general rules, regulations and ordinances or the City of
Aspen provided that such reviews and approvals are not inconsistent with this approval.
Section 6:
The establishment of a vested property right shall not preclude the application of ordinances or
regulations which are general in nature and are applicable to all property subject to land use
regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this development approval, the applicant shall
abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an
exemption therefrom is granted in writing by the city.
Section 7:
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 Board of Adjustment, are hereby incorporated in such plan development approvals and the same
shall be complied with as if fully set forth herein, unless amended by an authorized entity.
Resolution No. 1, Series 2011
Page 2 of 3
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
ADDRESS OF PROPERTY: ///1
Aspen, CO
STATE OF COLORADO )
) ss.
County of Pitkin )
I Ade II (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fourteen (14)
days after final approval of a site specific development plan. A copy of the
publication is attached hereto.
Publication of notice: By the publication in the legal notice section of an official
Paper or a paper of general circulation in the City of Aspen no later than fifteen
(15) days after an Interpretation has been rendered. A copy of the publication is
attached hereto. //
sue—•
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this Z7day
of d , 20(1_, by Anc.re4p, SG 1
WITNESS MY HAND AND OFFICIAL SEAL
I2- 20 1 3
BLI N
DEVE OTICE = - y ,h expires:
F f+ NENTAPPROVAL � � y•.
y p is erb g to he t g enral p up l la of e i I .• / .,
approval h of as s e spec ific develoepme plan, and • .�.L. 1 f / , l /' ` '
t creation of a ted pro ri pursuan to • • • % y the Land Use Code ves of the City oevise Aspen and Ti
24, Article 68, Colorado le
y d Statutes, % : Notary lfublic
J pertaining to the following legly deribed F
property' sped, Sion: Aspon Grove Black 3 Lot •
r City of Aspen, Pitkin County, Colorado, the t 1 • .
property commonly known 592 Mcskimming �, e
r Adjustment on June 16th, 2011. The Applicant •;
Road by order of the City as of Aspen Board of tPj • . • • A B � \ •• P r
re e�
ced gra g fa o � • • t. r r.. I TS:
y ard ive s etbac a k to nt match impro nsional veme nc related or to fr the nt ,
1., 15 _ l r �� 1
P nr dmewayen re w4(e n nutr,a For >... 727 �(`. t�TION
nmrn Community n comae Drew flmetoer, al 130 tl pr�k '' ' j)j '7�
1 S. of Aspen St, seen, C Development x970) 27 130 COPY 0
S. Galena St, Aspen, Colorado (970) 629 -2739. W xpires
s/ City of Aspen '•'/
Publish in The Aspen Times Weekly on June 26,
2011. (6675412]
D
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
54 2- frH Sill mmi tns load , Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
Jln szr t L " @ 4 .-nne en , 2011
STATE OF COLORADO
) ss.
County of Pitkin )
i C (name, p lease print)
being or repr senting 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 ora paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty -two (22) inches wide and twenty -six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
and was continuously visible from the day of , 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
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(Continued on next page)
r
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.
A /Lc-Pi----- rc t.---"----A
Signature /
The foregoing "Affidavit of Notice" was acknowledged before me this ? day
of .Ft4.v4Q., , 20M, by 91/4-Ao, -cbA Senr -ti .
P u9uc NOTICE WITNESS MY HAND AND OFFICIAL SEAL
RE: McSKIMMING ROAD, REQUEST FOR
DIMEN NAL STANDARDS VARIANCES
NOT IC e ld en Th y G ay, June e 1 1 ublic 20 at a n
will My commission expires: 24 4 to
e ti n held a in at 4:00 p.m. e fore the A pt
meeting 1 A to 3 begin at 4:00 p.m. before the Roo
Board m,
City Ha tl Held 130 S. Galena a St., A s ies,t pen, to ngRoom, • ll, 16 S. St., Aspen, consider 3 an
apin submitteo by Joel Shannon, 3642 / AS � �
' �'
Unde XX, Houston Ta xes ]]025, who Is the , _ a i/
ow ner of the s perly and reprted Oy P
d ie Motels. u �he pro a tor the front-yard is d esenet setback.
Notary Pnbhc
m
The request seeks a efortn i01driveway The rr ten n system en that would a l of rac to antl
soils retention gystem Mat weula setback h encroach eeh variance n
w oo oul d the all existing hr these improvements ovem ents but not of her
would allow for imprentot S a x
structures. The ty legali yy tl 014, ed es
A o u t y of proper Grove, is Block d, Lo161 City d
Aspen. County of a 5 , Colorado Skimm 8161 t, and
c ommon)y known as 592 kg x e ROar. Fo it y of A sp einn Community otnitw Development ee mtthe r
City Aspen S., CO, (970) ATTACHMENTS AS APPLICABLE:
Department, drew wa S.GalenaSL,Aspen,c
4292]39, tlw.alaxanderMCi.asprn.co.us.
s R kHeatl Qh 'UBLICATION
Aspen BOertl of Adjustment OF THE POSTED NOTICE (SIGN)
Published i2t6eAspen Weekly on May 29.
201011. . /65626661 WNERS AND GOVERNMENT AGENGIES NOTIED
* APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24- 65.5 -103.3
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: Rol O5q.2 Me. 54: w, ' x � l.` of , Aspen, CO
SCHEDWD PUBLIC HEARING DATE:
J'tne IL ,201
STATE OF COLORADO )
) ss.
County of Pitkin )
I 'Top; 5h a N K O N (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
✓ Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) da rior to the public hearing
and was continuously visible from the 20ay of A 200! 1 , to
and including the date and time of the public hearing. A ph tograph of the posted
notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
0
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty (30) days prior to
the date scheduled for the initial public hearing on the application of
development. The names and addresses of mineral estate owners shall be those
on the current tax records of Pitkin County. At a minimum, Subdivisions that
create more than one lot, Planned Unit Developments, Specially Planned Areas,
and COWAPs are 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 . ndments.
„ '. l�
Si.
The fo oing "Affidavit of Notice" was acknowl dged before me this /'Sday
of Jt[ne- , 20dr_,by N its el Shanwon.
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: 09- 2.0 - 2 Oil
No Public
AGUSTIN GONZALEZ
NOTARY PUBLIC
STATE OF COLORADO
ATTACHMENTS AS APPLICABLE: My Commission Expires 09/2020
• COPY OF THE PUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
• LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
• APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24 -65.5 -103.3
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS F PROPERTY:
599 'S111411MG rap , Aspen, CO
SCHEDULED PUBLIC HEARING DATE: WI,
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::
STATE OF COLORADO )
) ss. l: .
County of Pitkin )
I, TA 14 MA l (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
and was continuously visible from the _ day of , 200, to
and including the date and time of the public hearing. A photograph of the posted
/ notice (sign) is attached hereto.
Q Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty (30) days prior to
the date scheduled for the initial public hearing on the application of
development. The names and addresses of mineral estate owners shall be those
on the current tax records of Pitkin County. At a minimum, Subdivisions that
create more than one lot, Planned Unit Developments, Specially Planned Areas,
and COWAPs are 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 amen
dmin
ts.
-- s i 027(/ i "
Signature
The foregoing `Affidavit of Notice" was acknowledged before me this i ° '
of 3 , 201__, by Simi Ant) S .
i ERIC KULBERG
NOTARY PUBLIC WITNESS MY HAND AND OFFICIAL SEAL
f STATE OF COLORADO My commission expires: 9 ' a g • 1 k
My Commission Expires, • 6 ` l 5
Notary Public
ATTACH LENTS AS APPLICABLE:
• COPY OF THE PUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
• LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
• APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BYC.R.S. §24- 65.5 -103.3 �� , t I :. "rod,!,
ASPEN GROVE CEMETERY ASSOC BAYM FAMILY LLLP BIRRFELDER PETER
C/O MARKALUNAS RAMONA 708 W DELAWARE AVE PO BOX 787
624 NORTH ST URBANA, IL 61801 ASPEN, CO 81612
ASPEN, CO 81611
CASSIDY ANNIE C & COLEY P CROCKETT RUFUS EMPIRE ASPEN LLC
347 W 22ND ST #8 PO BOX 3837 11350 MCCORMICK RD EP111 #605
NEW YORK, NY 10011 ASPEN, CO 81612 HUNT VALLEY, MD 21031
FIR WARREN LLC FOX ALAN F GARLAND CATHERINE
FIR DAVID LLC 3550 BELCARO LN 318 MCSKIMMING RD
595 S BROADWAY #200 DENVER, CO 80209 ASPEN, CO 81611 -2217
DENVER, CO 80209
GREENWAY STEPHEN HAWK 1/10 JIRANEK PAMELA MILLER 1/6 KLING WILLIAM H REV
THE ISLES PKWY E
PO BOX 12334 PO BOX 4863
ASPEN, CO 81612 ASPEN, CO 81612 MINNEAPOLIS, MN 55408
LITTLE RICKI L MAYER PAULINE M MCHUGH JOHN J
PO BOX 7954 PO BOX 333 PO BOX 7954
ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612
PARTYKA VINCENT K REDWOOD WARREN LLC SC PER KIRSTEN
2
E COO
334 MC SKIMMING RD 565 S BROADWAY #200 ASPEN, O R AVE A
ASPEN, CO 81611 DENVER, CO 80209
SHANNON MARGARET B & JOEL I STEWART CHRISTOPHER F 5.197% INT S STEWART
T TIMOTHY Y F 25% INT
3119 AVALON PL 560 UNIVERSITY AVE
HOUSTON, TX 77019 BOULDER, CO 80302 BOULDER, CO 80304
STEWART WILLIAM D III 34.9015% INT SUPPLEE SHELLEY BAKER 1/15 WOMBWELL WELL GE DRIVE
B & EDITH W 1/2
PO BOX 20070 PO BOX 4863
BOULDER, CO 80307 ASPEN, CO 81612 CARBONDALE, CO 81623 -3138
WTCB LLC ZINTERHOFER AERIN
C/O CHRIS STEWART 745 5TH AVENUE 32ND FLOOR
2525 ARAPAHOE AV #E4 -409 NEW YORK, NY 10151
BOULDER, CO 80302 AfFn
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AGENDA
ASPEN BOARD OF ADJUSTMENT
THURSDAY, June 16, 2011
Special Meeting
4:00 PM
SISTER CITIES MEETING ROOM
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II. MINUTES (09/02/10)
III. DECLARATION OF CONFLICTS OF INTEREST
IV. PUBLIC HEARING
A. Case #001 -11 Joel Shannon — 592 Mc Skimming Road. Front
yard setback variance.
V. ADJOURN
•
NOTICE OF PUBLIC HEARING
CASE #001 -2011
Before the City of Aspen Board of Adjustment
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE
VARIANCE DESCRIBED BELOW:
Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will
be held in the BASEMENT MEETING ROOM, City Hall, Aspen, Colorado, (or at such
other place as the meeting may be then adjoumed) to consider an application filed with the
said Board of Adjustment requesting authority for variance from the provisions of the
Zoning Ordinance, Chapter 26, Official Code of Aspen. All persons affected by the
proposed variance are invited to appear and state their views, protests or objections. If you
cannot appear personally at such meeting, you are urged to state your views by letter,
particularly if you have objection to such variance, as the Board of Adjustment will give
serious consideration to the opinions of surrounding property owners and others affected in
deciding whether to grant or deny the request for variance.
Particulars of the hearing and requested variances are as follows:
Date and Time of Meeting:
Date: June 16, 2011
Time: 4:00 P.M.
Owner for Variance: Joel Shannon
Representative for Variance: Stan Mathis
Name: Joel Shannon
Address: 592 McSkimming Road
Aspen, CO 81611
Location or description of property:
592 McSkimming Road, Aspen, CO 81611
Variances Requested:
The applicant is requesting front yard setback variance.
Will applicant be represented by Counsel: YES: NO:
The City of Aspen Board of Adjustment
130 S. Galena Street
Aspen, CO 81611
Rick Head, Chairman
P1
MEMORANDUM
TO: City of Aspen Board of Adjustment
THRU: Jennifer Phelan, Community Development Deputy Director
FROM: Drew Alexander, Planner
RE: 592 McSkimming Road — Dimensional Standards Variances; Resolution No. 1,
Series 2011— Public Hearing
MEETING
DATE: June 16 2011
APPLICANT /OWNER: STAFF RECOMMENDATION:
Joel Shannon Staff recommends that the Board of Adjustment deny
the request to vary the front -yard setback requirement.
REPRESENTATIVE:
Stan Mathis SUMMARY:
The Applicant requests of the Board of Adjustment
LOCATION: approval of a dimensional standards variance. The
Physical Address — 592 McSkimming variance would allow for the placement of a stacked
Road; Legal Description — boulder wall that would create wider driveway and
Subdivision: Aspen Grove, Block 3, general access for the site. The requested dimensional
Lot 4; and Parcel Identification standard reflects the shape and path of the boulder wall,
Number; 2737 - 181 -02 -003 and would require a 0' setback nearest to the property
line and a 25' setback at the furthest point from the
CURRENT ZONING & USE property line. This variance would only be for the purpose
Located in the Moderate Density of developing the stacked boulder retaining wall, and not
Residential (R -15B) zone district intended for any additional structures.
containing a single - family residence
Photo of Subject Pro. -
PROPOSED LAND USE: .. -
The Applicant is proposing the same "
zoning and land use, but is requesting -
a variance in a setback requirement.
P2
LAND USE REQUEST AND REVIEW PROCEDURES: Subject to the Aspen Land Use Code Section,
26.314.020, Authority, in Chapter 26.314, Variances, "The Board of Adjustment, in accordance
with the procedures, standards and limitations of this chapter shall approve, approve with
conditions, or disapprove a development application for variances to the terms of this Title.
Variances may only be granted for dimensional uses and permitted uses regarding off -site
storage of construction materials and activities." The applicant is requesting a variance of
dimensional requirements: front -yard setback. The Board of Adjustment has the ability to
approve, approve with conditions, or disapprove requests for dimensional variance.
BACKGROUND:
592 McSkimming Road is part of the Aspen Grove Subdivision which was created in 1958 and
annexed into the city in 1987. This subdivision is one of the only areas of the city that is zoned
R -15B (Moderate- Density Residential). The R -15B zone is exempt from the majority of the
Residential Design Standards, development of accessory dwelling units, and 8040 Greenline
Review. The McSkimming Road neighborhood is located on the lower portion of Smuggler
Mountain.
PROPOSED VARIANCE:
592 McSkimming is a 17,686 square foot lot with a single - family residence that was constructed
in 1971. The lot is provided access from McSkimming Road where a driveway follows the
topography down to the residence and carport. The end of the driveway has a small area for
maneuvering vehicles and snow storage in the winter months. This driveway and its adjacent
railroad tie retaining wall currently encroach into the required 30 foot front -yard setback. The
extent of this existing encroachment ranges from 30' at the property line to approximately 5 feet
at the south east portion of the lot. Due to the era the house was built, Staff is assuming that the
existing retaining wall was legally established.
t
Figure 1: Drive and Retaining Wall
Page 2 of 4
P3
In order to enhance vehicular circulation, access, and snow storage, the applicant has proposed a
wider driveway accompanied by a new boulder retention wall. These improvements would
provide approximately four additional feet of driveway clearance and the ability to add a
hammerhead turn- around at the end of the drive. Presently, vehicles have to back out of the
drive onto McSkimming, but the hammerhead would allow for vehicles to turn around and pull
straight out.
To develop the expanded driveway and retaining wall, the applicant has proposed a new front -
yard setback matching the shape of the improvement. Much like the existing condition, this new
setback would have a zero measurement nearest the property boundary, and gradually increase in
depth as it runs to the southeast (See Exhibit A).
STAFF FINDINGS:
After reviewing the application, Staff is concerned of the project's compliance with the
applicable review criteria - primarily with Criteria 2 and 3 from Section 26.314.040, Standards
applicable to variances:
2. The grant of variance is the minimum variance that will make possible the reasonable
use of the parcel, building or structure; and,
3. Literal interpretation and enforcement of the terms and provisions of this Title would
deprive the applicant of rights commonly enjoyed by other parcels in the same zone
district, and would cause the applicant unnecessary hardship, as distinguished from
mere inconvenience.- In determining whether an applicant's rights would be
deprived, the board shall consider whether either of the following conditions apply:
a. There are special conditions and circumstances which are unique to the
parcel, building or structure, which are not applicable to other parcels,
structures or buildings in the same zone district and which do not result from
the actions of the applicant; or
b. Granting the variance will not confer upon the applicant any special privilege
denied by the Aspen Area Community Plan and the terms of this Title to other
parcels, buildings, or structures in the same zone district.
In regards to Criterion 2, Staff fmds this variance is not the minimum necessary for reasonable
use of the site. The home has been in use since the early 1970's and the minimum necessary has
already been established. The ideal time to address access and snow storage issues would be
during the initial design phase. It's apparent that the lot encounters substantial topographical
burdens to the west; however sensitivity to this type hardship must be carefully applied so that
precedents aren't wrongly established. The granting of this variance would not provide a means
of access for the site, but instead only improve upon an existing condition.
Staff fords that Criterion 3 is also not satisfied. A special circumstance or condition doesn't exist
on the lot that is not also encountered by other homes in the R -15B zone district. This zone
district is largely c '_ ^ °d. on the slope of Smuggler Mountain, and steep topography is a
Page 3 of 4
r ^*
P4
consistent occurrence. A majority of the access and snow storage issue rests with the design of
the home and its orientation to the road. This design simply represents an inconvenience.
Placement of the home further to the west or smaller development would have potentially
avoided this inconvenience.
In response to 3.b, McSkimming Road has a consistent design pattern of homes with
development within the 30' front -yard setback. This is likely due to development prior to city
annexation and the application of the R -15B zone district standards. This application, if granted
approval, would provide more encroachment into the 30 foot setback and potentially create a
precedent for the surrounding homes (for Staff's full response to the review criteria, see Exhibit
C).
STAFF RECOMMENDATION:
Staff recommends denial of this application based upon non - compliance with the review
standards. As outlined above, this application reflects a request to improve an inconvenience,
not to establish dimensional standards that would provide reasonable use of the lot. The
Resolution has been drafted so that if the variance is granted, it is only for the purpose of those
improvements identified in Exhibits A and B. The amended front -yard should not permit the
construction of any structure other than an expanded driveway and boulder retaining wall.
RECOMMEND/ 'MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE):
"I move to dearResolution No. 1, Series of 2011, a request to vary the required front -yard
setback, in order to construct an expanded driveway and boulder retaining wall for 592
McSkimming Road." As yzE F Ett rz .mcep IN E.X H 115 Jr A— D
ATTACHMENTS:
Resolution No. 1, Series of 2011
EXHIBIT A — Site plan displaying amended front -yard setback
EXHIBIT B — Section elevations of the boulder retaining wall
EXHIBIT C — Review Criteria Findings
ExHIBIT D — Application
Page 4 of 4
P5
Resolution No. 1
(SERIES OF 2011)
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN,
GRANTING A FRONT -YARD SETBACK VARIANCE FOR 592 McSKU%IM NG ROAD,
BLOCK 3, LOT 4, ASPEN GROVE SUBDIVISION, ASPEN, COLORADO
Parcel ID: 2737 -181- 02-003
WHEREAS, Joel and Margaret Shannon, 3642 Underwood XX, Houston, TX 77025,
represented by Stan Mathis, submitted a request for variance, dated May 2, 2011 to the Board of
Adjustment as outlined in Section 26.314.040; and
WHEREAS, the Board of Adjustment reviewed the application upon recommendation
from the Community Development Department on June 16th, 2011 during a noticed public
hearing; and,
WHEREAS, the City of Aspen Board of Adjustment finds that the development proposal
meets or exceeds all applicable development standards and that the approval is consistent with the
goals and objectives of the Aspen Area Community Plan; and
WHEREAS, The City of Aspen Board of Adjustment voted in favor of the application by
a vote of _ - _ by those present .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN BOARD OF
ADJUSTMENT AS FOLLOWS:
Section 1: Findings of Fact
The Board of Adjustment makes the following findings of fact:
1. Notice of the proposed variance has been provided to surrounding property owners in
accordance with Section 26- 304- 060(E)(3) of the Aspen Municipal Code. Evidence of
such notice is on file with the City Clerk.
2. The grant of variance is generally consistent with the purposes, goals, objectives, and
policies of the Aspen Area Community Plan and Chapter 26 of the Aspen Municipal
Code.
3. The grant of variance is the minimum variance that will make possible the reasonable
use of the parcel, building or structure.
5. The literal interpretation and enforcement of the terms of Chapter 26 of the Aspen
Municipal Code would deprive the applicant of rights commonly enjoyed by other
parcels in the same zone district, and would cause the applicant unnecessary hardship or
Resolution No. 1, Series 2011
Page 1 of 3
P6
practical difficulty. In determining that the applicant's rights would be deprived absent a
variance, the Board considered certain special conditions and circumstances which are
unique to the parcel, building or structure, which are not applicable to other parcels,
structures or buildings in the same zone district and which do not result from the
actions of the applicant.
Section 2: Variance Granted
The Board of Adjustment does hereby grant the applicant the following variance from the terms of
Chapter 26 of the Aspen Municipal Code:
A front -yard setback reflecting the driveway expansion and stacked boulder
retaining wall as displayed in Exhibit A of this Resolution. This variance shall only
be applied to those improvements referenced in Exhibits A and B. No other
development shall be permitted in the amended front -yard other than those
permitted setback projections defined within Land Use Code Sub - section
26.575.020.E.5, Allowed Projections into Setbacks.
Section 3:
The approval granted hereby shall be subject to all rights of judicial review; the period of time
permitted by law for the exercise of such rights shall not begin to run until the date of publication of
final development approval as required under Section 26.304.070(A) of this Chapter.
Section 4:
Zoning that is not part of the approved site specific development plan shall not result in the creation
of a vested property right.
Section 5:
Nothing in this approval shall exempt the development order from subsequent reviews and
approvals required by this approval of the general rules, regulations and ordinances or the City of
Aspen provided that such reviews and approvals are not inconsistent with this approval.
Section 6:
The establishment of a vested property right shall not preclude the application of ordinances or
regulations which are general in nature and are applicable to all property subject to land use
regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this development approval, the applicant shall
abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an
exemption therefrom is granted in writing by the city.
Section 7:
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 Board of Adjustment, are hereby incorporated in such plan development approvals and the same
shall be complied with as if fully set forth herein, unless amended by an authorized entity.
Resolution No. 1, Series 2011
Page 2 of 3
P 7
Section 8:
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 9:
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 City of Aspen Board of Adjustment on this 16 day of June, 2011.
APPROVED AS TO FORM: BOARD OF ADJUSTMENT:
rne,Spe¢tMtfftTnsel Rick Head, Chair vut
YH& 6 Ljeut LE3TEO — I- - Cot) 1 .
ATTEST:
Jackie Lothian, Deputy City Clerk
List of Exhibits
Exhibit A: Site plan depicting improvements and revised front -yard setback.
Exhibit B: Elevations of stacked boulder retaining wall
Resolution No. 1, Series 2011
Page 3 of 3
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EXHIBIT C
STAFF FINDINGS: Dimensional Variance, 592 McSkimming Road
STANDARDS APPLICABLE TO VARIANCES
Section 26.314.040, Standards Applicable to Variances, of the City Land Use Code states that in
order to authorize a variance from the dimensional requirements of Title 26, the appropriate
decision making body shall make a fording that the following three circumstances must exist:
1. The grant of variance will be generally consistent with the purposes, goals, objectives, and
policies of Aspen Area Community Plan and this Title;
STAFF FINDING: DOES IT COMPLY? YES
The AACP does not provide specific guidance for this application. However, the AACP
does mention in the Design Quality chapter: "Zoning, our primary means of shaping the
built environment, must encourage appropriate and lively design." Staff cannot identify a
portion of the AACP that this request is inconsistent with, therefore, Staff finds this
criterion is met.
2. The grant of variance is the minimum variance that will make possible the reasonable use
of the parcel, building or structure; and,
STAFF FINDING: DOES IT COMPLY? No
592 McSkimming Rd. has been a single - family residence since the early 1970's. Staff
finds that the basic use of the site has not been denied by a hardship throughout the years,
but that an inconvenience is in place related to general access and snow storage. Staff
finds this criterion not met.
3. Literal interpretation and enforcement of the terms and provisions of this Title would
deprive the applicant of rights commonly enjoyed by other parcels in the same zone
district, and would cause the applicant unnecessary hardship, as distinguished from mere
inconvenience. In determining whether an applicant's rights would be deprived, the board
shall consider whether either of the following conditions apply:
a) There are special conditions and circumstances which are unique to the parcel,
building or structure, which are not applicable to other parcels, structures or
buildings in the same zone district and which do not result from the actions of the
applicant; or
b) Granting the variance will not confer upon the applicant any special privilege
n .i-P^ r <: 1r:7 and the terms of this Title to other
202 North Monarch: Rezoning and Subdivision Other Amendment 1
r
P12
STAFF FINDING: DOES IT COMPLY? [ YES, CONDITIONALLY
As stated in the response to Criterion 2 above, Staff finds that literal interpretation and
enforcement of Title 26 creates an inconvenience for the applicant, but not a hardship that
other lots do not experience. Alternate site planning or scale of development could have
potentially alleviated or eliminated the situation completely.
Currently, many of the lots along McSkimming have similar access routes and deal with
the steep slopes of the surrounding area. It can be argued whether the inconvenience on
this lot is one of the land or one with the design of the residence. Staff finds that the
inconvenience is directly related to the initial design of property. Although the applicant is
not the original builder of the home, they have unfortunately inherited this problematic
design.
If this variance is granted, it will clearly administer a privilege to the lot that other lots in
the neighborhood do not enjoy. It is worth noting that development in the 30 foot front -
yard setback is a common occurrence in this zone district. If granted, this variance will
likely establish a precedent for several other homes along McSkimming Road when
development is requested in the setback. Staff fords these criteria not met.
202 North Monarch: Rezoning and Subdivision Other Amendment 2
E1aIT
ti P 13
April 30, 2011
Stan Mathis
7515 Coal Creek Circle
Colorado Springs, Colorado 80911
719.390.6065
719.391.8199
970.618.6636 cell
pmbaddogs@Qmail.com
Aspen Community Development Department
C/o Amy Guthrie
130 S. Galena Street
Aspen, Colorado 81611
RE: Lot 4, Block 3, Aspen Grove Subdivision
592 McSkimming Road
Parcel ID. #273718102003
Dear Amy,
The Applicant, Joel Shannon, is requesting a variance to reconstruct a railroad tie wall with a stacked
boulder wall, widen the driving surface and at the same time create a hammerhead area so that cars can
be turned around to avoid having to back onto McSkimming. The grading work and new retaining
wall are not consistent with the allowances for development in the setback. Development in the
setback cannot be more than 30" above or below natural grade.
PRIOR APPROVALS:
The original Owner received a Certificate of Occupancy Nov. 23, 1971 from the Pitkin County
Building Department.
Joel Shannon received a Letter of Completion March 5, 1986 from the Aspen/Pitkin Regional Building
Department for mechanical, electrical and roofing.
A building permit was issued by the City of Aspen for a small addition to the residence. The work is
complete, inspections are complete and Mr. Shannon is waiting for the Certificate of Occupancy to be
issued.
Sec. 26314.030. AUTHORIZED VARIANCES.
Variances may only be granted from the following requirements of this Title 26:
A. Dimensional requirements.
B. Permitted uses, but only to allow for the temporary off -site location or storage of
-'
--Hal structures or equipment pursuant to building construction or construction staging.
r1
P14
Sec. 26.314.040. STANDARDS APPLICABLE TO VARIANCES.
A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate
decision - making body shall make a finding that the following three (3) circumstances exist:
1. The grant of variance will be generally consistent with the purposes, goals, objectives and
policies of the Aspen Area Community Plan and this Title;
RESPONSE: The variance will be generally consistent with the purposes, goals, objectives and
policies of the Aspen Area Community Plan and this Title.
2. The grant of variance is the minimum variance that will make possible the reasonable use of
the parcel, building or structure;
RESPONSE: The variance is the minimum variance that will make possible the reasonable use
of the parcel, building or structure. The variance will allow the Applicant to widen the existing
driveway (see Section A) by approximately 4', allowing clearance between the existing carport
and new wall, providing clearance required for snow removal. The new hammer head turn
around depth (see Section B) will allow a car to make a 3 point turn and drive forward up the
steep driveway, exiting onto McSldmming Road forward rather than backing onto the road.
3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive
the applicant of rights commonly enjoyed by other parcels in the same zone district and would
cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In
determining whether an applicant's rights would be deprived, the Board shall consider whether
either of the following conditions apply:
a. There are special conditions and circumstances which are unique to the parcel,
building or structure, which are not applicable to other parcels, structures or buildings in
the same zone district and which do not result from the actions of the applicant;
RESPONSE: There are four hardships that exist.
1. The entrance width to the driveway is restricted. The driveway width is only 10'
wide at the point where the driveway passes by the pine tree and the Engineering
Department will not allow a greater encroachment by the retaining wall into the R.O.W.
2. The intersection of McSkimming Road and the driveway can not be widened
because of the gradient of both the driveway and road is too great to blend together at
an angle. A perpendicular intersection is also impossible.
3. Snow removal is difficult in the area between the existing carport and the existing
retaining wall. The widening will allow for better snow removal on the driveway.
4. The topography of the site on both sides of the driveway limits the ability of the
applicant to correct an unsafe condition without the variance.
P15
b. Granting the variance will not confer upon the applicant any special privilege denied
by the Aspen Area Community Plan and the terms of this Title to other parcels,
buildings or structures, in the same zone district.
RESPONSE: The variance will not confer upon the applicant any special privilege
denied by the Aspen Area Community Plan and the terms of this Title to other parcels,
buildings or structures, in the same zone district
If you have any questions please call me.
Thank you,
Stan Mathis
Representative for
Joel Shannon
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RECEIVED
APR 29 2011
CITY OF ASPEN CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
COMMUNITY DEVELOPMENT
PLANNER: Amy Guthrie, 970.429.2758 DATE: 4.29.11
PROJECT: 592 McSkimming Road
REPRESENTATIVE: Stan Mathis
TYPE OF APPLICATION: Dimensional Requirements Variance at Board of Adjustment
DESCRIPTION: 592 McSkimming Road is a single family house with a steep driveway and limited
turnaround area. Land uphill from the driveway is retained with an older railroad tie wall.
The property owner wishes to reconstruct the wall and at the same time create a hammerhead area so
that cars can be turned around to avoid having to back onto McSkimming. The grading work and new
retaining wall are not consistent with the allowances for development in the setback. Development in the
setback cannot be more than 30" above or below natural grade.
The property owner will submit an application for a variance to the Board of Adjustment. Demonstration
of hardship and /or site specific constraints will be needed.
The application must be determined complete by the Community Development Department, then a
public hearing will be scheduled. Notice requirements will include publication, mailing and posting per
section 26.304.060(E)(3)(a) —(c). Below is a link to the Land Use application Form for your convenience.
http: / /www.aspenpitkin.co_ m /Departments/ Community - Development/Planning - and - Zoning/Title -26-
Land- Use -Code/
Land Use Code Section(s)
26.314 Variances
26.314.040 Review Standards for Dimensional Variances
26.304.060(E) Public Notice
Review by: Community Development Staff for complete application
Public Hearing: Required
Planning Fees: $735 for Board of Adjustment processing and application. This includes
three (3) hours of staff review time. Additional time over three (3) hours
will be billed at $245 per hour
Total Deposit: $735
Total Number of Application Copies: 7 Copies
Includes appropriate drawing for board review (HPC = 12; PZ = 10; CC = 7; BOA 5; Referral Agencies =
1 /ea.; Planning Staff = 2)
April 30, 2011
Stan Mathis
7515 Coal Creek Circle
Colorado Springs, Colorado 80911
719.390.6065
719.391.8199
970.618.6636 cell
pmbaddogs @gmail.com
Aspen Community Development Department
C/o Amy Guthrie
130 S. Galena Street
Aspen, Colorado 81611
RE: Lot 4, Block 3, Aspen Grove Subdivision
592 McSkimming Road
Parcel ID. #273718102003
Dear Amy,
The Applicant, Joel Shannon, is requesting a variance to reconstruct a railroad tie wall with a stacked
boulder wall, widen the driving surface and at the same time create a hammerhead area so that cars can
be turned around to avoid having to back onto McSkimming. The grading work and new retaining
wall are not consistent with the allowances for development in the setback. Development in the
setback cannot be more than 30" above or below natural grade.
PRIOR APPROVALS:
The original Owner received a Certificate of Occupancy Nov. 23, 1971 from the Pitkin County
Building Department.
Joel Shannon received a Letter of Completion March 5, 1986 from the Aspen/Pitkin Regional Building
Department for mechanical, electrical and roofing.
A building permit was issued by the City of Aspen for a small addition to the residence. The work is
complete, inspections are complete and Mr. Shannon is waiting for the Certificate of Occupancy to be
issued.
Sec. 26.314.030. AUTHORIZED VARIANCES.
Variances may only be granted from the following requirements of this Title 26:
A. Dimensional requirements.
B. Permitted uses, but only to allow for the temporary off-site location or storage of
material structures or equipment pursuant to building construction or construction staging.
stewart ti Aspen Division
v ` ( ■` 620 East Hopkins Avenue
View your transaction progress 24/7 via SureClose. Aspen, Colorado 81611
Phone: 970-925-3577
Ask us about your login today! Fax: 866-277-9353
Date: May 11, 2011
Order Number: 946288
Buyer:
Seller: Joel I Shannon and Margaret B. Shannon
Property Address: 452 McSkimming Road, Aspen, CO 81611
Please direct all Closing inquiries to: Please direct all Title inquiries to:
Title only Linda Williams
Phone: 970-766-0234 or 866-932-6093
Email Address: Iwilliam3 @stewart.com
SELLER:
Joel I Shannon
Margaret B. Shannon
LISTING BROKER: SELLING BROKER:
Joel I Shannon
Phone: Phone:
RECEIVED
MAY 1 1 2011
CITY OF KADEN
COMMUNITY NdITY DEVELOPMENT
We Appreciate Your Business And Look Forward to Serving You in the Future.
`i 3
ALTA Commitment (6/17/06)
ALTA Commitment Form
COMMITMENT FOR TITLE INSURANCE
Issued by
stewart
•title guaranty company
Stewart Title Guaranty Company, a Texas Corporation ( "Company "), for a valuable consideration,
commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land
described or referred to in Schedule A, upon payment of the premiums and charges and compliance with
the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this
Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the
Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided
that the failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This commitment shall not be valid or binding until countersigned by a validating officer or authorized
signatory.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
Countersigned:
rSteWal't -
w , _ a_ ? •title guaranty company iy
/!i Senior Chairman of e Board
oriud Countersignature
'f
Stewart Title
s '+ Aspen Division G- 1 90 B Chairman of the Board
fp
620 East Hopkins Avenue "rE.x °RS
Aspen, Colorado 81611 Q
Phone: 970 - 925 -3577 President
Fax: 866
Order Number: 946288 ALTA Commitment (6/17/06)
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: April 26, 2011, at 7:30 A.M. Order Number: 946288
2. Policy or Policies To Be Issued: Amount of Insurance
(a) A.L.T.A. Owner's
(b) A.L.T.A. Loan
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the referenced estate or interest in said land is at the effective date hereof vested in:
Joel I. Shannon also known as Joel Ingram Shannon and Margaret Barrett Shannon
5. The land referred to in this Commitment is described as follows:
Lot 4,
Block 3,
ASPEN GROVE SUBDIVISION,
as shown upon the plat thereof recorded as Document No. 116127, Ditch Book 2A at Page 291 of
the records for Pitkin County, Colorado.
COUNTY OF PITKIN
STATE OF COLORADO
Purported Address: Statement of Charges:
452 McSkimming Road These charges are due and payable before a Policy can
Aspen, Colorado 81611 be issued:
Commitment Fee $250.00
Order Number: 946288 �} � r
ALTA Commitment (6/17/06) - Schedule A r ste `w / t
Title Officer: title guaranty company
Page 1 of 1
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B — Section 1
REQUIREMENTS
Order Number: 946288
The following are the requirements to be complied with:
1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the
estate or interest to be insured.
2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record.
3. NONE
NOTE: This product is for informational purposes only. It is not a title insurance product and does
not provide any form of coverage. This product is not a guarantee or assurance and does not
warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this
Company to issue any policies of title insurance for any subsequent transaction based on the
information provided or involving the property described herein. This Company's sole liability for
any error(s) relating to this product is limited to the amount that was paid for this product.
Order Number: 946288 A/ •
ALTA Commitment (6 /17 /06)— Schedule HI ����Y
Page 1 of 1 • title guaranty company
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B — Section 2
EXCEPTIONS
Order Number: 946288
The policy or policies to be issued will contain exceptions to the following unless the same are
disposed of to the satisfaction of the Company:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the
title that would be disclosed by an accurate and complete land survey of the Land and not
shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing
in the public records or attaching subsequent to the effective date hereof, but prior to the
date the proposed insured acquires of record for value the estate or interest or mortgage
thereon covered by this commitment.
6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the
issuance thereof.
7. Water rights, claims or title to water.
8. Any and all unpaid taxes and assessments and unredeemed tax sales.
9. The effect of inclusions in any general or specific water conservancy, fire protection, soil
conservation or other district or homeowners association or inclusion in any water service or street
improvement area.
10. The effect of inclusions in any general or specific water conservancy, fire protection, soil
conservation or other district or inclusion in any water service or street improvement area.
11. Right of way for ditches or canals constructed by the authority of the United States, as reserved in
United States Patent recorded June 17, 1949 in Book 175 at Page 243.
12. Any vein or lode of quartz or other rock in place bearing gold, silver cinnabar, lead, tin, copper, or
other valuable deposit claimed or known to exist on March 23, 1885 as reserved by Patent
recorded June 17, 1949 in Book 175 at Page 246.
Order Number: 946288 � V
ALTA Commitment (6/17/06) - Schedule B 2
Page 1 of 2 title guaranty company
t
2
13. Restrictive Covenants For Aspen Grove Subdivision Block 3 recorded in Book 204 at Page 566.
14. Restrictive Covenants For Aspen Grove Subdivision Block 3 recorded in Book 204 at Page 525.
15. All matters shown on the Plat recorded in Ditch Book 2A at Page 291.
16. City of Aspen Ordinance No. 28 Annexing Territory into the City of Aspen, recorded July 22 1987
in Book 541 at Page 979 as Reception No. 291234, and on the Annexation Plat recorded in Plat
Book 19 at Page 97 as Reception No. 291233, and Ordinance No. 26 real recorded October 1,
1987 in Book 547 at Page 191 as Reception No. 293405.
17. All matters shown on the Plat of Aspen Grove - Eastwood- Knollwood Annexation recorded July
22, 1987 in Plat Book 19 at Page 97.
18. Notice Of Declaration Blocks 1, 2 and 3 Aspen Grove Subdivision recorded November 29, 1989
in Book 608 at Page 646 as Reception No. 317701.
Order Number: 946288 Ste - y}:
ALTA Commitment (6/17/06) - Schedule B 2 �
�
Page 2 of 2 title guaranty company
STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies
[ WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law
regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to
understand how we use your personal information. This privacy notice is distributed on behalf of' the Stewart Title Guaranty Company and
its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
':. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday
business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share
customers' •ersonal information; the reasons that we choose to share; and whether you can limit this sharing.
Reasons we can share your personal information Do we share? Can you limit this sharing?
For our everyday business purposes— to process your transactions and maintain
your account. This may include running the business and managing customer
accounts, such as processing transactions, mailing, and auditing services, and !, Yes No
responding to court orders and legal investigations.
For our marketing purposes— to offer our products and services to you. Yes No
For joint marketing with other financial companies No _.. We don't share
, For our affiliates' everyday business purposes— information about your
transactions and experiences. Affiliates are companies related by common
ownership or control. They can be financial and nonfinancial companies. Our Yes No
I affiliates may include companies with a Stewart name; financial companies, such
as Stewart Title Company
I For our affiliates' everyday business purposes— information about your No We don't share
I creditworthiness.
For our affiliates to market to you '', Yes No
For non - affiliates to market to you. Non - affiliates are companies not related by No We don'[ share
common ownership or control. They can be financial and nonfinancial companies.
We may disclose your personal information to our affiliates or to non - affiliates as permitted by law. If you request a transaction with a
non - affiliate, such as a third party insurance company, we will disclose your personal information to that non - affiliate. [We do not
control their subsequent use of information, and suggest you refer to their privacy notices.]
Sharing practices
How often do the Stewart Title Companies We must notify you about our sharing practices when you request a transaction.
notify me about their practices?
How do the Stewart Title Companies To protect your personal information from unauthorized access and use, we use security
protect my personal information? measures that comply with federal and state law. These measures include computer,
file, and building safeguards. _
How do the Stewart Title Companies We collect your personal information, for example, when you
collect my personal information? : • request insurance- related services
• provide such information to us
We also collect your personal information from others, such as the real estate agent or
lender involved in your transaction, credit reporting agencies, affiliates or other
companies.
What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in
certain instances, we do not share your personal information in those instances.
Contact Us I If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd.,
Privacy Officer, Houston, Texas 77056
Order Number: 946288
•
DISCLOSURES
Order Number: 946288
Note: Pursuant to C.R.S. 10 -11 -122, notice is hereby given that:
A. The subject real property may be located in a special taxing district;
B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the
county treasurer's authorized agent;
C. Information regarding special districts and the boundaries of such districts may be obtained from the board of
county commissioners, the county clerk and recorder, or the county assessor.
Note: Colorado Division of Insurance Regulations 3 -5 -1, Subparagraph (7) (E) requires that "Every title entity shall
be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts
the closing and is responsible for recording or filing of legal documents resulting from the transaction which was
closed." Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording
the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the
Lender's Title Policy when issued.
Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception
No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the
following conditions:
A. The land described in Schedule A of this commitment must be a single - family residence, which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on
the land described in Schedule A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against unified mechanic's
and Materialmen's Liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be purchased,
within six months prior to the Date of the Commitment, the requirements to obtain coverage for
unrecorded liens will include: disclosure of certain construction information; financial information as to
the seller, the builder and /or the contractor; payment of the appropriate premium; fully executed Indemnity
agreements satisfactory to the company; and, any additional requirements as may be necessary after an
examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
Note: Pursuant to C.R.S. 10 -11 -123, notice is hereby given:
A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas,
other minerals, or geothermal energy in the property; and
B. That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions,
in Schedule B, Section 2.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE
ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY
SATISFIED.
Order Number: 946288
Disclosures
Stewart Title
DISCLOSURE
The title company, Stewart Title in its capacity as escrow agent, has been authorized to
receive funds and disburse them when all funds received are either: (a) available for
immediate withdrawal as a matter of right from the financial institution in which the
funds are deposited, or (b) are available for immediate withdrawal as a consequence of an
agreement of a financial institution in which the funds are to be deposited or a financial
institution upon which the funds are to be drawn.
The title company is disclosing to you that the financial institution may provide the title
company with computer accounting or auditing services, or other bank services, either
directly or through a separate entity which may or may not be affiliated with the title
company. This separate entity may charge the financial institution reasonable and proper
compensation for these services and retain any profits there from.
The title company may also receive benefits from the financial institution in the form of
advantageous interest rates on loans, sometimes referred to as preferred rate loan
programs, relating to loans the title company has with the financial institution. The title
company shall not be liable for any interest or other charges on the earnest money and
shall be under no duty to invest or reinvest funds held by it at any time. In the event that
the parties to this transaction have agreed to have interest on earnest money deposit
transferred to a fund established for the purpose of providing affordable housing to
Colorado residents, then the earnest money shall remain in an account designated for such
purpose, and the interest money shall be delivered to the title company at closing.
DI 1E
CONDITIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security
instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse
claim or other matter affecting the estate or interest or mortgage thereon covered by this
Commitment other than those shown in Schedule B hereof, and shall fail to disclose such
knowledge to the Company in writing, the Company shall be relieved from liability for any loss or
damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure
to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the
Company, or if the Company otherwise acquires actual knowledge of any such defect, lien,
encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of
this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and
such parties included under the definition of Insured in the form of policy or policies committed for
and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with
the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such
liability exceed the amount stated in Schedule A for the policy or policies committed for and such
liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions
from Coverage of the form of policy or policies committed for in favor of the proposed Insured
which are hereby incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of
title or a report of the condition of title. Any action or actions or rights of action that the proposed
Insured may have or may bring against the Company arising out of the status of the title to the estate
or interest or the status of the mortgage thereon covered by this Commitment must be based on and
are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of
Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured
as the exclusive remedy of the parties. You may review a copy of the arbitration rules at
http: / /www.alta.org.
stewart
title guaranty company
All notices required to be given the Company and any statement in writing required to be furnished the Company shall be
addressed to it at P.O. Box 2029, Houston, Texas 77252.
r6
r h
THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: May 5, 2011
Dear City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 0027.2011.ASLU —592 McSkimming Road.
Your Land Use Application is incomplete: -
/ We found that the application needs additional items to be submitted for it to be deemed
complete and for us to begin reviewing it. We need the following additional submission
contents for you application:
1) The application needs a current ownership and encumbrance report (no older than 6
months).
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the
land use application.
❑ Your Land Use Application is complete:
If there are not missing items listed above, then your application has been deemed complete
to begin the land use review process.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429 -2759 if you have any
questions.
Th. .You,
ife ' _ - lan, Deputy Director
City of Aspen, Community Development Department
For Office Use Only: Qualifying Applications:
Mineral Rights Notice Required SPA PUD COWOP
Yes No •C Subdivision (creating more than 1 additional lot)
GMQS Allotments Residential Affordable Housing
•
Yes Commercial E.P.F.
WED
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT I:. aY 2 2011
Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN
` c , , � , COMMUNITY DEVELOPMENT
CITY OF ASPEN (hereinafter CITY) and �p L 1`t
(hereinafter APPLICANT) AGREE AS FOLLOW,S:`,�j
R�t I V e C VN'itg ormii eshimHito gasser) (hereinafter, THE PROJECT). 5
1 1:.x/.
2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land
Use applications and the payment of all processing fees is a condition precedent to a determination of application
completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and /or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning
Commission and /or City Council to enable the Historic Preservation Commission, Planning and Zoning
Commission and /or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to determination of ap lica n completeness, APPLICANT shall pay an initial deposit in the
amount of $ CO which is for hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00
per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and
in no case will building permits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN APPLICANT
By: By: - A l
Chris Bendon �/� / 201
Community Development Director Date: //
Min! Ad • ess s aandd Telephone Number:
V 4%L- L , A . C Ke
ofxsarora 0 i :: ?12L4 ,Co 8
EEr 4yr��tTtt
April 30, 2011
Joel Shannon
PO BOX 1167 RE
Aspen, Colorado 81612
(713) 203 -7457
Aspen Community Development Department Ca n iTYO v 20 %'
c/o Amy Guthrie '✓Nj1)•r'1,S'p
130 S. Galena Street � 4 ►'F( FN
Aspen, Colorado 81611 �p 49.
RE: Lot 4, Block 3, Aspen Grove Subdivision
592 McSkimming Road
Parcel ID. #273718102003
Dear Amy,
I, Joel Shannon, the Applicant to the Aspen Community Development
Department for a Board of adjustment review of the property referenced above, authorize
Stan Mathis to act on my behalf regarding this application.
Ojai*
I /
Joel Shannon
._ _- o 1
PQ L:CV' P cE PHOPEA,Y maw VEV OUPCE OF BUSINE' COUN,Y CODE MUNICIPALITY s:MJLTANE0us POLICY NO EMIVM
1 a030 2 7? 3 4 6 097 6 7 M 9903 272021
LIABILITY AT REISSUE PATE LIABILITY AT 8 HON' TE PM PATE ESCROW CHANGE ABSTRACT CHARGE EXTRA WORK CHAP GE
8 10 11 12 13
•
FIRST SPECIAL CHARGE (CREDIT) SECOND SPECIAL CHARGE (CREDIT) THIRD SPECIAL CHARGE (CREDIT)
TYPE AMCLNT TYPE AMOUNT TYPE AMOUNT
14 15 16 17 18 19 20
ALTA OWNER'S POLICY — Amended 10/17/70
MCP( it SCHEDULE A
Order No.: Policy No.:
13544C3 0 9902 144302
Date of Policy: Amount of Insurance: S
January 24, 1986 At 9;25 All 275,000.00
1. Name of Insured:
J0ITL I. SHANNON AND SUSAN V. SHANNON
2. The estate or interest in the land described herein and which is covered by this policy is:
PEE SINPLP grrFrif .MD
/ 2 4Q
3. The estate or interest referred to herein is at Date of Policy vested in: Ci7 Oil ,f`•S"L
JOEL I. SHANNON AND SrJEAt1 V. SHANNON COMMUNITY DEVELOP ENT
4. The land referred to in this policy is described as follows:
Lot 4, 91.ock 3, ASPEN GROVE SUBDIVISION, as sh. upon the plat
thereof recorded as Document No. 116127, Ditch B k 2,A at Page
291 of the records for Pitkin Count Colorado,
County of Pitkin, State of Colorado
\...)
AUTHORI'ZFD COUNTERSIGNATURE
STEWART TITLE
GUARANTY COMPANY
CODE 0012 Page 2
ALTA OWNER'S POLICY — Modified 10/73 •
ORDER 110.: 13544C3
SCHEDULE B
Policy No.: n 9902 144302
This policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a
correct survey and inspection of the premises would disclose and which are not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
5. Any and all unpaid taxes and assessments and any unredeemed
tax sales.
6. The effect of inclusions in any general or specific water
conservancy, fire protection, soil conservation or other
district or inclusion in any water service or street
improvement area.
7. Restrictive Covenants recorded in Doak 20 at Page 525 and. in
Book 204 at Page 566.
8. Easements for utilities, roads nd ditches s shown on the
Plat recorded in Ditch Book 2A - Page 291.
9. Right of way for d. hes or cane s constructed by the authority
of the United State. as reserved in United States Patent
recorded June 17, 19 in Book 175 at Page 243.
10. Any vein or lode of g 'tz or other rock in place bearing gold,
silver, c'nnabar, lead, tin, copper, or other valuable deposit •
claimed or known to exist on March 23, 1885 as reserved by •
Patent_ reco «c1 June 17, 1949 in Book 175 at Page 246. •
11. '1 Deed of Trust dated January 21, 1906, executed by Joel I.
Shannon and Susan V. Shannon, to the Public Trustee of Pi.tk:in
County, to secure an indebtedness of 5206,250.00, in favor of •
Standard Federal Savings and Loan Association, recorded January
24, 1986 in Book 503 at Page 970 as Reception No. 275056.
•
•
STEWART TITLE •
• Page3 GUARANTY COMPANY
1613
AGENT'S FILE COPY
CITY OF ASPEN
t y l e r
Permit Receipt
RECEIPT NUMBER 00029519
Account Number: 29011 Date: 5/2/2011
Applicant: SHANNON JOEL INGRAM
Type: check # 3108
Permit Number Fee Description Amount
0027.2011.ASLU Aspen Land Use App Fees 735.00
Total: $735.00
C
CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Amy Guthrie, 970.429.2758 DATE: 4.29.11
PROJECT: 592 McSkimming Road
REPRESENTATIVE: Stan Mathis
TYPE OF APPLICATION: Dimensional Requirements Variance at Board of Adjustment
DESCRIPTION: 592 McSkimming Road is a single family house with a steep driveway and limited
turnaround area. Land uphill from the driveway is retained with an older railroad tie wall.
The property owner wishes to reconstruct the wall and at the same time create a hammerhead area so
that cars can be turned around to avoid having to back onto McSkimming. The grading work and new
retaining wall are not consistent with the allowances for development in the setback. Development in the
setback cannot be more than 30" above or below natural grade.
The property owner will submit an application for a variance to the Board of Adjustment. Demonstration
of hardship and /or site specific constraints will be needed.
The application must be determined complete by the Community Development Department, then a
public hearing will be scheduled. Notice requirements will include publication, mailing and posting per
section 26.304.060(E)(3)(a) —(c). Below is a link to the Land Use application Form for your convenience.
http: / /www.aspenpitkin.com/ Departments/ Community- Development/Plan ninq- and- Zoninq/Title -26-
Land- Use -Code/
Land Use Code Section(s)
26.314 Variances
26.314.040 Review Standards for Dimensional Variances
26.304.060(E) Public Notice
Review by: Community Development Staff for complete application
Public Hearing: Required
Planning Fees: $735 for Board of Adjustment processing and application. This includes
three (3) hours of staff review time. Additional time over three (3) hours
will be billed at $245 per hour
Total Deposit: $735
Total Number of Application Copies: 7 Copies
Includes appropriate drawing for board review (HPC = 12; PZ = 10; CC = 7; BOA 5; Referral Agencies =
1 /ea.; Planning Staff = 2)
To apply, submit the following information
El Total Deposit for review of application.
I Pre pplication Conference Summary.
O Ap licant's name, address and telephone number, contained within a letter signed by the
plicant stating the name, address, and telephone number of the representative authorized to
act on behalf of the applicant.
O Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, or attorney licensed to
practice in the State of Colorado, listing the names of all owners of the property, and all
mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and
demonstrating the owner's right to apply for the Development Application.
O A site plan depicting the proposed layout and the project's physical relationship to the land and
its surroundings.
n Completed Land Use application and signed fee agreement.
O An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen.
=Existing elevations of the development
ni A written description of the proposal and a written explanation of how a proposed development
complies with the review standards (26.314.040) relevant to the development application
O 7 copies of the Land Use Application and all additional letters, maps, and agreements.
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.
Sec. 26.314.040. STANDARDS APPLICABLE TO VARIANCES.
A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate
decision - making body shall make a finding that the following three (3) circumstances exist:
1. The grant of variance will be generally consistent with the purposes, goals, objectives and
policies of the Aspen Area Community Plan and this Title;
RESPONSE: The variance will be generally consistent with the purposes, goals, objectives and
policies of the Aspen Area Community Plan and this Title.
2. The grant of variance is the minimum variance that will make possible the reasonable use of
the parcel, building or structure;
RESPONSE: The variance is the minimum variance that will make possible the reasonable use
of the parcel, building or structure. The variance will allow the Applicant to widen the existing
driveway (see Section A) by approximately 4', allowing clearance between the existing carport
and new wall, providing clearance required for snow removal. The new hammer head turn
around depth (see Section B) will allow a car to make a 3 point turn and drive forward up the
steep driveway, exiting onto McSkimming Road forward rather than backing onto the road.
3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive
the applicant of rights commonly enjoyed by other parcels in the same zone district and would
cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In
determining whether an applicant's rights would be deprived, the Board shall consider whether
either of the following conditions apply:
a. There are special conditions and circumstances which are unique to the parcel,
building or structure, which are not applicable to other parcels, structures or buildings in
the same zone district and which do not result from the actions of the applicant;
RESPONSE: There are four hardships that exist.
1. The entrance width to the driveway is restricted. The driveway width is only 10'
wide at the point where the driveway passes by the pine tree and the Engineering
Department will not allow a greater encroachment by the retaining wall into the R.O.W.
2. The intersection of McSkimming Road and the driveway can not be widened
because of the gradient of both the driveway and road is too great to blend together at
an angle. A perpendicular intersection is also impossible.
3. Snow removal is difficult in the area between the existing carport and the existing
retaining wall. The widening will allow for better snow removal on the driveway.
4. The topography of the site on both sides of the driveway limits the ability of the
applicant to correct an unsafe condition without the variance.
b. Granting the variance will not confer upon the applicant any special privilege denied
by the Aspen Area Community Plan and the terms of this Title to other parcels,
buildings or structures, in the same zone district.
RESPONSE: The variance will not confer upon the applicant any special privilege
denied by the Aspen Area Community Plan and the terms of this Title to other parcels,
buildings or structures, in the same zone district
If you have any questions please call me.
Thank you,
Stan Mathis
Representative for
Joel Shannon
• CERTIFICATE OF OCCUPANCY
Pitkin County, Colo.
Date Nov 23, 1971 Lot 4 Block 3
Subdiv. Aspen Grove Sub.
•
Nancy Dick Residence
• This is to certify that a certain structure located at Lot 4,
Block 3, Aspen Grove Subdivision
and owned by Nancy Dick, Aspen, Colorado
• erected under Building Permit No. 1 complies with
the requirements of the Uniform 'u -lding Code, 1970 Editio. , ..
Occupancy Group: I
Type of Construction: V
Fire Zone: III
Comments and Restrictions:
Signed, AC,C— —.."..g
• County Suiiding inspector
BRING INSPECTION DEPARTME.;t
El CITE A F ASPEN - COUNTY OF PITKIN[OLORADO
di
.// GENERAL 1
atr 22- c�� CONSTRUCTION
PERMIT
WHEN SIGNED AND VALIDA BUILDING INSPECTION DEPARTMENT THIS PERMIT AUTHORIZES THE WORK DESCRIBED BELOW.
- ASS OF WORK: NEW Et' AD 0 ALTERATION ❑ REPAIR MOVE ❑ WRECK ❑
OWNER
NAME % , ..-; .,-- / i ADDRESS PHONE
a LICENSE LICENSE
NAME (AS LICENSED) �,, CLASS NUMBER
1 INSURANCE
F ADDRESS � ( PHO ❑
O SUPERVISOR
O FOR THIS JOB NAME DATE CERTIFIED
'LEGAL i'/z- °_"'-`'
DESCRIPTION LOT NO. l` BLOCK NO. ADDITION ,,
SURVEY ATTACHED DESIGN '72 A LK.
BY BY ,!—F' k -a--1- v --LK-K i'is.--,/ PE NO
AREA (S.F.) la, iA S7i HEIGHT / / NO. TOTAL OCCUPANCY
AT GRADE ,(L, f c& 4'V I (FEET) /E/ STORIES 4- UNITS / GROUP f DIV.
FIN. ❑ SINGLE ❑ ATTACHED ❑ TOTAL � j TYPE FIRE
BASEMENT UNFIN. ❑ G DOUBLE ❑ DETACHED ❑ ROOMS Q CONST I/ ZONE — HI
SIZE SPACING SPAN AGENCY AUTHORIZED DATE
BELOW / DEPTH FIRST / BY
Z
GRADE DE `/, - 7 i , / F FLO i /D / G PI _ 7
� BUILDING
REVIEW
F FOOTEXTERIOR VI CEILING _ ■ ` ZONING �j) _� i
4 SIZE //) ., ;-D O � -.si , %.3.- 4 90a L..;. -- (% k - 41
o
Z EXTERIOR „ �I CONC. PARKING
EON. WALL ROOF �"� (�(� �
O THICKNESS ul..-
/ MAS'Y ❑ � _ L,-. r • , / X
LL - r. . L - PUBLIC HEALTH ✓ �l
THI CAISSONS ❑ ROOFING .� �, ( :� �-!`- -� - '-' -- a >r )(�
SCAR A 8 6R. BEAMS MATERIAL � '
MASONRY ABOVE ABOVE ABOVE ENGINEERING
EXTERIOR THICKNESS 1ST FLR 2ND FLR 3RD FLR
WALL & STUD SPACE 1ST FLR. -, le,/ 2ND 3RD FLR
REMARKS X{ / L/ .
NOTES TO APPLICANT:
FOR INSPECTIONS OR INFORMATION CALL 925 - 7336
FOR ALL WORK DONE UNDER THIS PERMIT THE PERMITTEE ACCEPTS FULL RESPONSIBILITY FOR VALUATION a , 4-6,
COMPLIANCE WITH THE UNIFORM BUILDING CODE, THE COUNTY ZONING RESOLUTION OR CITY y S --4°
y F'
ZONING ORDINANCE, AND ALL OTHER COUNTY RESOLUTIONS OR CITY ORDINANCES WHICHEVER OF WORK ` 1 y
APPLIES.
SEPARATE PERMITS MUST BE OBTAINED FOR ELECTRICAL, PLUMBING AND HEATING, SIGNS, PLAN TOTAL FEE
SWIMMING POOLS AND FENCES. FILED T P �q/�,/
PERMIT EXPIRES 60 DAYS FROM DATE ISSUED UNLESS WORK 15 STARTED.
REQUIRED INSPECTIONS SHALL BE REQUESTED ONE WORKING DAY 114 ADVANCE. DOUBLE CHECK
ALL FINAL INSPECTIONS SHALL BE MADE ON ALL ITEMS OF WORK BEFORE OCCUPANCY 15 PERMITTED. FEE ❑ CASH ❑ $ 94111
THIS BUILDING SHALL NOT BE OCCUPIED UNTIL A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED. ❑ BUILDING DEPARTMENT
PERMIT SUBJECT TO REVOCATION OR SUSPENSION FOR VIOLATION OF ANY LAWS GOVERNING SAME.
SIGNATURE
OF
APPLICANT: APPROVAL DATE
DATE PERMIT 140. LICENSE ti RECEIPTS CLASS AMOUNT
THIS FORM IS A PERMIT ONLY
WHEN VALIDATED HERE am+. 1 J� / 7!
‘/25/4/ / -71 a //J� / VI
ASPENOPITK REGIONAL. BOIL SSJG DEPARTMENT
LETTER OF COMPLETION a 4°°''
•
DATE: March 5, 1986 CITY ui° p51' N
COMMUNITY DEVELOPMENT
OWNER: Joel Shannon
BUILDING ADDRESS:0592 McSkimming Rd
OCCUPANCY DIVISION: R -3
TYPE CONSTRUCTION: V -N
The plans and construction for the project described and
permitted as Permit #8888 have been inspected and approved by the
Aspen /Pitkin Regional Building Department. At the time of
completion and final inspection, the work was found to comply
with zoning and building regulations effective in the City or
County with the following restrictions:
None
1&; -"b4 ilk
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ie 101" ld' "official
dames J. Wilson
offices: mail address:
517 East Hopkins Avenue 506 East Main Street
Aspen, Colorado 51611 303/925 -5973 Aspen, Colorado $16i1
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EXHIBIT C
STAFF FINDINGS: Dimensional Variance, 592 McSkimming Road
STANDARDS APPLICABLE TO VARIANCES
Section 26.314.040, Standards Applicable to Variances, of the City Land Use Code states that in
order to authorize a variance from the dimensional requirements of Title 26, the appropriate
decision making body shall make a finding that the following three circumstances must exist:
I. The grant of variance will be generally consistent with the purposes, goals, objectives, and
policies of Aspen Area Community Plan and this Title;
STAFF FINDING: DOES IT COMPLY? YES
The AACP does not provide specific guidance for this application. However, the AACP
does mention in the Design Quality chapter: "Zoning, our primary means of shaping the
built environment, must encourage appropriate and lively design." Staff cannot identify a
portion of the AACP that this request is inconsistent with, therefore, Staff fords this
criterion is met.
2. The grant of variance is the minimum variance that will make possible the reasonable use
of the parcel, building or structure; and,
STAFF FINDING: DOES IT COMPLY? No
592 McSkimming Rd. has been a single - family residence since the early 1970's. Staff
finds that the basic use of the site has not been denied by a hardship throughout the years,
but that an inconvenience is in place related to general access and snow storage. Staff
fords this criterion not met.
3. Literal interpretation and enforcement of the terms and provisions of this Title would
deprive the applicant of rights commonly enjoyed by other parcels in the same zone
district, and would cause the applicant unnecessary hardship, as distinguished from mere
inconvenience. In determining whether an applicant's rights would be deprived, the board
shall consider whether either of the following conditions apply:
a) There are special conditions and circumstances which are unique to the parcel,
building or structure, which are not applicable to other parcels, structures or
buildings in the same zone district and which do not result from the actions of the
applicant; or
b) Granting the variance will not confer upon the applicant any special privilege
�r'r Arpr r ". Wri 2nd the terms of this Title to other
202 North Monarch: Rezoning and Subdivision Other Amendment 1
P1 2
STAFF FINDING: DOES IT COMPLY? YES, CONDITIONALLY
As stated in the response to Criterion 2 above, Staff finds that literal interpretation and
enforcement of Title 26 creates an inconvenience for the applicant, but not a hardship that
other lots do not experience. Alternate site planning or scale of development could have
potentially alleviated or eliminated the situation completely.
Currently, many of the lots along McSkimming have similar access routes and deal with
the steep slopes of the surrounding area. It can be argued whether the inconvenience on
this lot is one of the land or one with the design of the residence. Staff finds that the
inconvenience is directly related to the initial design of property. Although the applicant is
not the original builder of the home, they have unfortunately inherited this problematic
design.
If this variance is granted, it will clearly administer a privilege to the lot that other lots in
the neighborhood do not enjoy. It is worth noting that development in the 30 foot front -
yard setback is a common occurrence in this zone district. If granted, this variance will
likely establish a precedent for several other homes along McSkimming Road when
development is requested in the setback. Staff finds these criteria not met.
202 North Monarch: Rezoning and Subdivision Other Amendment 2
Exetl f3 1T P13
April 30, 2011
Stan Mathis
7515 Coal Creek Circle
Colorado Springs, Colorado 80911
719.390.6065
719.391.8199
970.618.6636 cell
pmb addo g s (a,, emai l . co m
Aspen Community Development Department
C/o Amy Guthrie
130 S. Galena Street
Aspen, Colorado 81611
RE: Lot 4, Block 3, Aspen Grove Subdivision
592 McSkimming Road
Parcel ID. #273718102003
Dear Amy,
The Applicant, Joel Shannon, is requesting a variance to reconstruct a railroad tie wall with a stacked
boulder wall, widen the driving surface and at the same time create a hammerhead area so that cars can
be turned around to avoid having to back onto McSkimming. The grading work and new retaining
wall are not consistent with the allowances for development in the setback. Development in the
setback cannot be more than 30" above or below natural grade.
PRIOR APPROVALS:
The original Owner received a Certificate of Occupancy Nov. 23, 1971 from the Pitkin County
Building Department.
Joel Shannon received a Letter of Completion March 5, 1986 from the Aspen/Pitkin Regional Building
Department for mechanical, electrical and roofing.
A building permit was issued by the City of Aspen for a small addition to the residence. The work is
complete, inspections are complete and Mr. Shannon is waiting for the Certificate of Occupancy to be
issued.
Sec. 26.314.030. AUTHORIZED VARIANCES.
Variances may only be granted from the following requirements of this Title 26:
A. Dimensional requirements.
B. Permitted uses, but only to allow for the temporary off -site location or storage of
--riot structures or equipment pursuant to building construction or construction staging.
P14 r f
Sec. 26.314.040. STANDARDS APPLICABLE TO VARIANCES.
A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate
decision - making body shall make a finding that the following three (3) circumstances exist:
1. The grant of variance will be generally consistent with the purposes, goals, objectives and
policies of the Aspen Area Community Plan and this Title;
RESPONSE: The variance will be generally consistent with the purposes, goals, objectives and
policies of the Aspen Area Community Plan and this Title.
2. The grant of variance is the minimum variance that will make possible the reasonable use of
the parcel, building or structure;
RESPONSE: The variance is the minimum variance that will make possible the reasonable use
of the parcel, building or structure. The variance will allow the Applicant to widen the existing
driveway (see Section A) by approximately 4', allowing clearance between the existing carport
and new wall, providing clearance required for snow removal. The new hammer head turn
around depth (see Section B) will allow a car to make a 3 point tum and drive forward up the
steep driveway, exiting onto McSkimming Road forward rather than backing onto the road.
3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive
the applicant of rights commonly enjoyed by other parcels in the same zone district and would
cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In
determining whether an applicant's rights would be deprived, the Board shall consider whether
either of the following conditions apply:
a. There are special conditions and circumstances which are unique to the parcel,
building or structure, which are not applicable to other parcels, structures or buildings in
the same zone district and which do not result from the actions of the applicant;
RESPONSE: There are four hardships that exist.
1. The entrance width to the driveway is restricted. The driveway width is only 10'
wide at the point where the driveway passes by the pine tree and the Engineering
Department will not allow a greater encroachment by the retaining wall into the R.O.W.
2. The intersection of McSkimming Road and the driveway can not be widened
because of the gradient of both the driveway and road is too great to blend together at
an angle. A perpendicular intersection is also impossible.
3. Snow removal is difficult in the area between the existing carport and the existing
retaining wall. The widening will allow for better snow removal on the driveway.
4. The topography of the site on both sides of the driveway limits the ability of the
applicant to correct an unsafe condition without the variance.
`.t P 15
b. Granting the variance will not confer upon the applicant any special privilege denied
by the Aspen Area Community Plan and the terms of this Title to other parcels,
buildings or structures, in the same zone district.
RESPONSE: The variance will not confer upon the applicant any special privilege
denied by the Aspen Area Community Plan and the terms of this Title to other parcels,
buildings or structures, in the same zone district
If you have any questions please call me.
Thank you,
Stan Mathis
Representative for
Joel Shannon
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