HomeMy WebLinkAboutlanduse case.board of adjustment.805 Cemetery Ln.0034.2011 THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0034.a ASLU
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PARCEL ID NUMBER 2735 12 2 60 001
PROJECTS ADDRESS 805 CEMETERY LANE
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PLANNER JEN PHELAN //S t kriAA'
CASE DESCRIPTION CAMPUS- MACTCR PLAN
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REPRESENTATIVE POSS
DATE OF FINAL ACTION 7.8.11.
CLOSED BY ANGELA SCOREY ON: 8.10.11
,.- --.
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.
Alan S. Englander Trust, 9 Bailiwick Woods Circle, Greenwich, CT. 06831
Property Owner's Name, Mailing Address and telephone number
Horan Subdivision, Units A & B and commonly known as 805 Cemetery Lane
Legal Description and Street Address of Subject Property
Granted residential design variance to permit a double stall garage door
Written Description of the Site Specific Plan and /or Attachment Describing Plan
Resolution No. 3(series of 2011) — Board of Adjustment
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
July 31, 2011
Effective Date of Development Order (Same as date of publication of notice of approval.)
August 1, 2014
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and
revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.)
Issued this 1st day of August, 2011, by the City of Aspen Community
Devel•/ ent Dire tor.
Chris Bendon, ommunity Development Director
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
ADDRESS OF PROPERTY: Wig
/g
Aspen, CO
STATE OF COLORADO )
) ss.
County of Pitkin )
I Avil (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 fmal 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.
—alt •
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this 4 day
of4 r ,20f, Art c) - /r .Sr - -e—• —1
Y pV WITNESS MY HAND AND OFFICIAL . S T EAL
PUBLIC NOTICE •' •s1 Ir f - �" V
C • , My c,gmmission expires C `
DEVELOPMENT APPROVAL l�,4 • M. •:
ot' y gen to h general publi of the u.v „I
•
N i �
ap al of a ereb site iv vested c t de velopment plan , and G • /� i "[ J t ' / ^ /�� f
nation of a veered property nght pursuant to
e Land /✓ I
Use Coda of the City of Aspen and Title � � �
24, A Public
Article 68, Colorado Revised Statutes, pertain- 'fyQ ' taPublic dig son. Unils A 8 8 end ommonl kno n as 805 y P
of t Board of Adjustment onJ July b order
of ..�� gplf
Applicant, Alan S. Englander Trust, received ap- • pins O " "I2O14
proval a rtial sign aiance io ermit e
double of stall garage esiden door For v turth inforpmation ATTACHMENTS•
contact Jennifer Phelan, at the City of Aspen
Aa sn, C CO y °do ( 0) 5096130 S. Galena Bt, COPY OF THE PUBLICATION
A psn, b
sl City 01 Aspen
P,rohsn in The Aspen Times on July 31, 2011.
(6817,]2) IJ
RECEPTION #: 581173, 07/13/2011 at
11:14:02 AM,
1 OF 2. R 00 c Code SOUT
Resolution No. 002 J anice K. Vos $16. Caud Pitkin RE County CO ION
(SERIES OF 2011)
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, CASE
NUMBER 002-11 . DENYING THE REQUEST TO APPROVE TWO DRIVEWAY
ACCESS POINTS FOR 805 CEMETERY LANE, LOT 6 HORAN CONDOMINIUM , CITY
OF ASPEN
Parcel Identfication Number 2735 - 122 - 60-800
WHEREAS, Mr. Alan Englander represented by Keith Howie of Poss Architecture and
Planning , P.C., submitted a request for variance, dated April 19, 2011 to the Board of Adjustment
as outlined in Section 21.16.070; and
WHEREAS, this matter came on for hearing before the Board of Adjustment on July 7,
2011 where full deliberations and consideration of the evidence and testimony was presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF
THE CITY OF ASPEN, COLORADO:
Section 1. Findings of Fact.
The Board of Adjustment makes the following findings of fact:
1. A request for the variance was initiated by: Keith Howie, representative from Poss
and Associates Architecture and Planning, P.C., 605 E. Main Street, Aspen, Colorado on
behalf of the owner Alan Englander of 805 Cemetery Lane, Aspen, Colorado.
2. 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.
3. The grant of variance will NOT be generally consistent with the purposes, goals,
objectives, and policies of the Aspen Area Community Plan and Chapter 26 of the Aspen
Municipal Code.
4. The grant of variance is NOT 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 NOT deprive the applicant of rights commonly enjoyed by other
parcels in the same zone district, and would NOT cause the applicant unnecessary hardship
or 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,
C 7 0
structures or buildings in the same zone district and which do not result from the actions of
the applicant.
Section 2. Variance Not Approved.
The Board of Adjustment does hereby deny the applicant the following variance from the
terms of Chapter 21 of the Aspen Municipal Code by a three to two(3 -) vote:
Variance for two driveway access points for 805 Cemetery Lane.
INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen
on the th day of 011.
Ila 1har i A t' -,
I, the undersigned duly appointed and acting Deputy City Clerk do certify that the foregoing
is a true and accurate copy of that resolution adopted by the Board of Adjustment of the City of
Aspen, Colorado, at a meeting held on the day hereinabove stated.
ackie Lo
othi , Deputy
List of Exhibits
Exhibit A: Approved site plan variances.
APPROVED AS TO FORM
1
A /c am --- -- s R. True, Special Counsel, City of Aspen
2
RECEPTION #: 581174, 07/13/2011 at
11:14:03 AM,
1 OF 2, R $16.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
Resolution No. 3
(SERIES OF 2011)
RESOLUTION OF THE ASPEN BOARD OF ADJUSTMENT APPROVING A
RESIDENTIAL DESIGN STANDARD VARIANCE AT 805 CEMETERY LANE, CITY
OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel Nos. 273512260800, 273512260001, 273512260002
WHEREAS, the Community Development Department received an application from
Alan S. Englander Revocable Trust, requesting Variance approval of a Residential Design
Standard for the construction of a double stall garage door at the property located at 805
Cemetery Lane; and,
WHEREAS, the Community Development Department Staff reviewed the application
for compliance with the Variance Review Standards; and,
WHEREAS, upon review of the application, the applicable Land Use Code standards,
the Community Development Director recommended denial of the Variance request; and,
WHEREAS, the Aspen Board of Adjustment has reviewed and considered the
development proposal under the applicable provisions of the Municipal Code as identified herein,
has reviewed and considered the recommendation of the Community Development Director, and
has taken and considered public comment at a duly noticed public hearing on July 7, 2011; and
WHEREAS, the City of Aspen Board of Adjustment finds that the development proposal
does meet either applicable review criteria and that the approval of the request is consistent with the
goals and objectives of the Land Use Code; and,
WHEREAS, the Board of Adjustment approves the noted Variance request to construct a
double -stall garage door rather than two single -stall doors or a double stall door that looks like
single -stall doors; and
WHEREAS, the City of Aspen Board of Adjustment finds that this Resolution furthers and
is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED by the Board:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Board of Adjustment hereby approves a variance application from the following Residential
Design Standard as designed in building permit number 0106.2009.ARBU:
• L.U.C. Section 26.410.040 C.2.f, "If the garage doors are visible from a public street or
alley, then they shall be single -stall doors, or double -stall doors designed to appear like
single -stall doors."
Section 2:
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 3:
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.
Section 4:
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Planning and Zoning Commission, are hereby incorporated in such plan development approvals
and the same shall be complied with as if fully set forth herein, unless amended by an authorized
entity.
APPROVED by the Board at its meeting on July 7, 2011.
APPROVED AS TO FORM: : OARD h 1 NT:
im True, Special Co 1 ' k H •'t. hai
ATTEST:
J kie Loth' a , eputy ity Clerk
tyskkivzir
Jennifer Phelan
From: jstrickstein1 @cox.net 4. Wk (.1
Sent: Tuesday, July 05, 2011 11:30 AM
To: Jennifer Phelan lk c
Subject: variance request, 805 cemetery lane 3U1 c
j C.e.Al AO - 1
We are the ow ners of 793 cemetery lane, we have no objection to the changes so requested by�
owners of 805 cemetery lane..
Email secured by Check Point
1
,.. ,,
PHILLIP AND MARGARET KENDALL
825 CEMETERY LANE, UNIT B
ASPEN, CO 81611
June 28, 2011
Mr. Rick Head
Chair
Aspen Board of Adjustment
130 S. Galena St.
Aspen, Co 81611
RE: 805 Cemetery Lane variance
Dear Mr. Head:
I am writing to support the variance request made on behalf of Alan Englander at 805
Cemetery Lane.
As neighbors to the immediate north of the subject property, we are very pleased with
Mr. Englander's upgrade of his property and like the new design and appearance of the
house. We do not object to the single garage door or two street cuts. Both are in
character with the neighborhood and enhance the neighborhood. Landscaping on the
property is in the process of being completed and looks spectacular. If the two street cuts
were not allowed, we are very concerned over the possible impact of a single driveway
on the landscaping and trees in front of their home.
Again, we support their variance request.
Thank you,
i a aee-
Phi and Meg Kendall
825 Cemetery Lane
... e_,
MEMORANDUM
TO: Board of Adjustments
FROM: Trish Aragon, PE City Engineer
DATE OF MEMO: June 27, 2011
MEETING DATE: July 7, 2011
RE: 805 Cemetery Lane - Variance
APPLICANT /OWNER: STAFF RECOMMENDATION:
ALAN ENGLANDER Staff recommends that the Board of Adjustments deny the request
to allow for two (2) driveway access points.
REPRESENTATIVE:
Keith Howie, Bill Poss SUMMARY:
and Associates The Applicant requests the Board of Adjustments approval of two
Architecture and (2) driveway access points however, the Code allows for one
Planning, P.C. (1)driveway access point.
LOCATION: • -
Civic Address - 805 - s.!
Cemetery Lane; Legal
Description - Lot 6 Y '�
Horan Condominium; r . S
and Parcel Identification
• Number - 2735 - 122 -60- _ °�
1 800 .
CURRENT ZONING &
- yy
USE — Z 9 — -
Located in the R -15 zone r- i 1
with a single family
home on the lot. . .
Photo of the subject property
I Revised 6/30/2011
Page 1 of 7
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Cemetery
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4i6
Lane
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Figure 1: Vicinity Map
BACKGROUND: The applicant first applied for a building permit to remodel the existing
residence and to add additional square footage to the property, then the applicant applied for a
change order to combine the units on the property into one single family residence. At no
point within the original plans or change order was it shown that the applicant would construct
two (2) driveway access points. The remodel required that the property install two dry wells to
handle the drainage from the site. Additionally the permit does not show that the applicant was
approved to install two driveway access points. Refer to Figure 2.
The Engineering Department also added a condition on the permit that any improvements in
the Right of Way (ROW) require additional review, and a ROW permit. When the
Engineering Department inspected the property for a Certificate of Occupancy, it was then that
we realized, the applicant did not build according to the approved plans (i.e. installed two (2)
driveway access points) and did not request a ROW permit for the associated work.
ii
Revised 6/30/2011
Page 2 of 7
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Figure 2: Driveway Access Points. (Red Boxes)
1 According to the City of Aspen Municipal Code Chapter 21.16.060:
"All driveway and curbcut plans shall conform to City standards (see construction and
excavation standards).”
i furthermore,
"In Residential Districts R -6, R -15, R -30, R-40 and RR, and in Conservation (C) District,
6 there shall be allowed only a single point of vehicular access, which includes a single
curbcut /driveway per lot."
Additionally, the City of Aspen Municipal Code Chapter 21.16.070 states: "Under unusual
conditions of topography, drainage, existing landscaping or improvements on City rights -of-
, way, existing buildings or improvements on private property or special use requirements for
the property, a variance from the requirements in Section 21.16.060 above for driveways and
i curb cuts may be given by the City Engineer upon filing a written application and a plot plan
Revised 6/30/2011
i Page3of7
showing the building site and special conditions existing thereon. Any person aggrieved of a
decision by the City Engineer under this Section may seek a variance from the Board of
Adjustment pursuant to the procedures set out in Chapter 26.108 of this Code. (Code 1971,
§19 -102; Ord. No. 30 -1975, §1; Ord. No. 76 -1990, §3; Ord. No. 15, 2007, §3)"
Earlier this year, after the permit was issued, the applicant approached the Engineering Dept.
for approval of the two (2) driveway access points, the applicant did not demonstrate that there
were any unusual conditions that would allow for approval of the two driveway cuts.
LAND USE REQUEST AND REVIEW PROCEDURES: As pursuant 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.
STANDARDS APPLICABLE TO VARIANCES
The following responses have been prepared in regard to the request for two (2) driveway
access points at 805 Cemetery Lane.
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
Two driveway access points are not consistent with the purposes, goals and objectives and
policies of the Aspen Area Community Plan (AACP). In the AACP, it discusses "improving
safety for pedestrians, bicyclists, mass transit riders, and automobiles in the Aspen area."
The spacing of driveways is an important element in roadway planning, design and operation.
Access points are a major source of accidents. Their location and spacing affects the safety and
functional integrity of the roadway. Too many closely spaced driveways increase the accident
potential, not only for the roadway but also for the shared use path along Cemetery Lane.
Research has shown that accident rates generally increase with both the frequency of access
and the average daily traffic; however, the greatest increases resulted from increasing the
number of access points per mile.
The figure below demonstrates that relationship.
Revised 6/30/2011
Page 4 of 7
S0 00
!0- 44 - - Asia pr Ski I -tt0
7 0 - r v i o l — M a u d - ao
is) L w- I 1 1 1 r t
• IL -do
I t
i 30- t t 1 j t S -�
1 I 1 r t
70- 1 1 t J t -30
10 - t 1 s . 0 / t-10
Figure 3: Rebdsnsbip between accident rates sad number of access pacts per silk
on US 101, Oregon
In the last 18 months Cemetery Lane has experienced 8 accidents. Because there is a direct
relationship between accidents and driveway access points, we would expect the accident rate
to increase to 11 accidents if every property were allowed to have two driveway cuts along
Cemetery Lane.
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
The structure at 805 Cemetery Lane currently has a two car garage along with additional
space for parking in front of the garage. This structure and additional parking area, along
with one (1) driveway access point, is seen by staff as a reasonable use of the parcel.. The
second driveway access is to allow additional parking on the parcel and although the applicant
may have found this to be a reasonable use of the parcel, it doesn't meet municipal code, and
doesn't appear to be necessary
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 front mere
inconvenience. In determining whether an applicant's rights would be deprived, the board
shall consider whether either of the following conditions apply:
Revised 6/30/2011
Page 5 of 7
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 terns of this Title to other parcels,
buildings, or structures, in the same zone district.
Staff Finding
a) We have not found any special conditions and /or circumstances unique to this parcel that
would warrant a variance. A uniqueness that should be noted for this parcel, as an increased
hazard to neighboring traffic, is its location along a horizontal curve of Cemetery Lane. This
location reduces sight distance from the driveway and increases the likeliness of an accident
for vehicular traffic entering /exiting from this location. Refer to photo below:
Driveway access point
has limited site distance
from oncoming traffic.
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Y:r ice!
—
b) All residents within this district must adhere to the municipal code unless special conditions
and circumstances which are unique to the parcel are identified. In this case we have found no
uniqueness that would warrant a variance.
ACTION OF BOARD OF ADJUSTMENT:
• Revised 6/30/2011
Page6of7
The Board of Adjustment shall determine whether to uphold the administrative decision to not
allow two (2) driveway access points for 805 Cemetery Lane or to overturn the administrative
decision and approve two (2) driveway access points for 805 Cemetery Lane.
NOTE: Staff has prepared a resolution that overturns the administrative decision, if that is the
direction of the Board of Adjustment.
RECOMMENDED MOTION: Staff recommends that the Board of Adjustments deny the
variance application.
ATTACHMENTS:
- Exhibit A, The application
Revised 6/30/2011
Page 7of7
� P1
NOTICE OF PUBLIC HEARING
CASE #003 -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 varance 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: July 7, 2011
Time: 4:00 P.M.
Owner for Variance: Alan Englander
Representative for Variance: Keith Howie
Name: Alan Englander
Address: 805 Cemetery Lane
Aspen, CO 81611
Location or description of property:
805 Cemetery Lane, Aspen, CO 81611
Variances Requested:
The applicant is requesting residential design variances.
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
P2 0
MEMORANDUM
To: Aspen Board of Adjustment
FROM: Jennifer Phelan, Deputy Planning Director (f s ( :::::)
RE: 805 Cemetery Lane- Residential Design Standards Variance, - Public Hearing
DATE: July 7, 2011
Applicant: Alan S. Englander Revocable Trust ''
Representative: Keith Howie
Zoning: R -15 (Moderate - Density Residentia_)
Land Use: Single - Family Residence
Request Summary: The Applicant is requesting o
Variance from a Residential Design Standard.
Staff Recommendation: Staff recommends denial
the variance request.
805 Cemetery Lane
LAND USE REQUESTS:
The Applicant has been remodeling the subject property. The Applicant is requesting a
variance from a residential design standard that requires street facing garages to either be
single -stall doors or double -stall doors that look like single -stall doors.
Variance approval from the Residential Design Standards pursuant to Land Use Code
(L.U.C.) Section 26.410.020 D., Variances. The applicant is requesting a variance
from L.U.C. Section 26.410.040 C.2.f, , " If the garage doors are visible from a public
street or alley, then they shall be single -stall doors, or double -stall doors designed to
appear like single -stall doors."
REVIEW PROCEDURE:
A variance from the Residential Design Standards shall be approved, approved with
conditions, or denied after review and consideration during a duly noticed public hearing by
the Board of Adjustment (when consolidated with other reviews) under L.U.C. Section
26.410.020 D., Variances.
Page 1 of 4
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Figure 1: Vicinity ma,
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PROJECT SUMMARY:
The Applicant applied for a permit in 2009 to remodel the existing structure. As part of the
permit a den was being converted to a garage. The city reviewed the plan set and redlined the
plans noting that a double -stall garage door is not permitted. The permit was issued with the
condition that the garage door be either two single -stall doors or a double -stall door that
looks like single -stall doors; however, the garage door installed is a double stall door. This
installation completely disregards the requirements associated with the granting of the
building permit.
STAFF ANALYSIS:
RESIDENTIAL DESIGN STANDARD VARIANCES:
All new structures in the City of Aspen are required to meet the residential design standards
or obtain a variance from the standards pursuant to Land Use Code Section 26.410,
Residential Design Standards. The purpose of the standards "is to preserve established
neighborhood scale and character....ensure that neighborhoods are public places....that each
home...contribute to the streetscape."
Parking, garages and carports. As noted previously, the parking, garages and carport standard
requires that all residential uses with garages that are visible from a public street or alley, "be
single -stall doors, or double -stall doors designed to appear like single -stall doors." The intent
of this standard is "to minimize the presence of garages and carports as a lifeless part of the
streetscape where alleys do not exist."
Page 1 of 4
P4 0
There are two review standards that the applicant may meet if the Board is to grant a variance
from the standard, Section 26.410.020 (D)(2):
a. Provide an appropriate design or pattern of development considering the context in
which the development is proposed and the purpose of the particular standard. In
evaluating the context as it is used in the criteria, the reviewing board may consider
the relationship of the proposed development with adjacent structures, the immediate
neighborhood setting or a broader vicinity as the board feels is necessary to determine
if the exception is warranted; or
b. Be clearly necessary for reasons of fairness related to unusual site - specific
constraints.
Staff Conment: Residential Design Standards have been adopted to contribute to the
streetscap , enhance the pedestrian environment and promote architectural elements that are
important components to neighborhood character. Although the property had a double stall
garage door, the existing condition was removed by the conversion of some of the garage
into a den. With the remodel undertaken in 2009, the development was subject to the design
standards. As such a building permit was issued requiring compliance with the garage door
standard. Although older development examples are sprinkled throughout the neighborhood
that do not comply with the garage door standard, some do. New development, such as this
remodel, is required to comply. Below are photos of existing and new development within the
neighborhood showing compliance with the standard This variance request is not related to
reasons of fairness or unusual site specific constraints, rather the Applicant has not built to
the approved plan set issued by the city.
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STAFF RECOMMENDATION:
In reviewing the proposal, Staff believes that the request does not meet the variance review
standards that are set forth in Land Use Code Section 26.410.020 D, Variances for the
Parking, garage and carport variance request as there are many examples of residences
meeting the standard and there is not a site specific constraint. Staff recommends the Board
of Adjustment deny this application.
RECOMMENDED MOTION:
"I move to approve Resolution No. _ , Series of 2011, denying a variance request from the
Residential Design Standards."
ATTACHMENTS
Exhibit A -- Review Criteria & Staff Findings
Exhibit B — Public Comment
Exhibit C — Application
Page 1 of 4
P6 0
Resolution No. _
(SERIES OF 2011)
RESOLUTION OF THE ASPEN BOARD OF ADJUSTMENT DENYING A
RESIDENTIAL DESIGN STANDARD VARIANCE AT 805 CEMETERY, CITY OF
ASPEN, PITKIN COUNTY, COLORADO. •
' Parcel No.
WHEREAS, the Community Development Department received an application from
Alan S. Englander Revocable Trust, requesting Variance approval of a Residential Design
Standard for the construction of a double stall garage door at the property located at 805
Cemetery Lane; and,
WHEREAS, the Community Development Department Staff reviewed the application
for compliance with the Variance Review Standards; and,
WHEREAS, upon review of the application, the applicable Land Use Code standards,
the Community Development. Director recommended denial of the Variance request; and,
WHEREAS, the Aspen Board of Adjustment has reviewed and considered the
development proposal under the applicable provisions of the Municipal Code as identified herein,
has reviewed and considered the recommendation of the Community Development Director, and
has taken and considered public comment at a duly noticed public hearing on July 7, 2011; and
WHEREAS, the City of Aspen Board of Adjustment finds that the development proposal
does not meet either applicable review criteria and that the denial of the request is consistent with
the goals and objectives of the Land Use Code; and,
WHEREAS, the Board of Adjustment denies the noted Variance request to construct a
double -stall garage door rather than two single -stall doors or a double stall door that looks like
single -stall doors; and
WHEREAS, the City of Aspen Board of Adjustment fmds that this Resolution furthers and
is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED by the Board:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Board of Adjustment hereby denies a variance application from the following Residential Design
Standard:
• L.U.C. Section 26.410.040 C.2.f, "If the garge doors are visible from a public street or
alley, then they shall be single -stall dors, or double -stall doors designed to appear like
single -stall doors."
P 7
Section 2:
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 3:
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.
Section 4:
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Planning and Zoning Commission, are hereby incorporated in such plan development approvals
and the same shall be complied with as if fully set forth herein, unless amended by an authorized
entity.
APPROVED by the Board at its meeting on July 7, 2011.
APPROVED AS TO FORM: BOARD OF ADJUSTMENT:
Jim True, special Counsel Rick Head, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
-as
P8
EXHIBIT A
REVIEW CRITERIA & STAFF FINDINGS
A. RESIDENTIAL DESIGN STANDARDS REVIEW
No variance shall be permitted unless the Board of Adjustment makes a determination that
the proposed development complies with either of the requirements set forth below:
a. Provide an appropriate design or pattern of development considering the
context in which the development is proposed and the purpose of the
particular standard. In evaluating the context as it is used in the criteria, the
director may consider the relationship of the proposed development with
adjacent structures, the immediate neighborhood setting or a broader
vicinity as the director feels is necessary to determine if the exception is
warranted; or
b. Be clearly necessary for reasons of fairness related to unusual site - specific
constraints.
Staff Finding
Residential Design Standards have been adopted to contribute to the streetscape, enhance
the pedestrian environment and promote architectural elements that are important
components to neighborhood character. Although the property had a double stall garage
door, the existing condition was removed by the conversion of some of the garage into a den.
With the remodel undertaken in 2009, the development was subject to the design standards.
As such a building permit was issued requiring compliance with the garage door standard.
Although older development examples are sprinkled throughout the neighborhood that do not
comply with the garage door standard, some do. New development, such as this remodel, is
required to comply. Below are photos of existing and new development within the
neighborhood showing compliance with the standard This variance request is not related to
reasons of fairness or unusual site specific constraints, rather the Applicant has not built to
the approved plan set issued by the city.
frN
Y Life
P9
June 28, 2011
Mr. Rick Head
Chair
Aspen Board of Adjustment
130 S. Galena St.
Aspen, Co 81611
Dear Rick,
I am writing to express my support of a variance request made on behalf of Alan
Englander at 805 Cemetery Lane.
As a neighbor, I appreciate Mr. Englanders upgrade of his property and personally like
the new design and look of the house. I do not find either the single garage door or street
cuts objectionable. I believe both are in character with the neighborhood and are a
welcome improvement.
Thank you,
Blake Appleby
843 Cemetery Lane
-� - L_
P 10 �. -. ..
pO$$ A141111II (WWI i l'1 ANNING
605 EAST MAIN STREET ASPEN, COLORADO 81611
(1) 970/925 -4755 (f) 970/920-2950 MEMORANDUM
RECPVED
TO: City of Aspen MAY 2 5 7011
Board of Adjustments CI Y Ui r- ,bl'hN
CC: File COMMUNITY OEVE1OPMENT
FROM: Keith Howie
Bill Poss and Associates Architecture and Planning, P.C.
DATE April 19, 2011
RE: Application for Dimensional Requirements Variance and Residential Design ❑ ENCLOSURE
Standards Variance at Board ofAdjustments
Dear City of Aspen Board of Adjustments,
Please find enclosed an Application for a variance from Dimensional Requirements and a request for Variance
from the Residential Design Standards for the property located at 805 Cemetery lane, Aspen, Colorado.
The application consists of the following documents: (7 copies of each)
(Numbers correspond to land Use Application Form, Attachment 4 — Submittal key)
1. Land Use Application
a. Agreement for payment of Aspen Development Application Fees
b. Attachment 2 — Land use Application
c. Attachment 3 — Dimensional Requirements Form
d. Attachment 4— Matrix of Land use application requirements
2. Street Address — included in enclosed written application
3. Disclosure of ownership — Refer to title Commitment provided in package
4. 8.5" x 11" Vicinity map — included In enclosed application
5. Site Improvement Survey — refer to Survey by Tuttle Surveying
6. Site Plan — Refer to Sheet A100 in package
7. Written description of the proposal — Included In enclosed package
9. Proposed Elevations of the Development — refer to Sheets A -222, A -223, A -224, A -225 in package
28. Neighborhood Block Plan — Not needed per Trish in Engineering Department
29. Roof Plan — Please refer to Sheet A -141 in Package
30. Photographic panorama — please refer to photo panorama included in package
34. Written description of variance requested — please refer to narrative in package
Also included In each package:
Letter of representation signed by Alan Englander, owner
Pre - Application Conference Summary
Proposed landscape plan by Rich Camp landscape Architecture, titled L1.0
`w' ,aad P 11
p0$$ ARCHITECTURE: , PLANNING
1. The applicant's name is Alan Englander
2. The applicants telephone number is 1.2033313811
3. The applicant is represented by Keith Howie of Poss Architecture + Planning. Please refer to the attached
letter of representation.
4. The street address on which the development is occurring is 805 Cemetery Lane in Aspen, Colorado, 81611.
The property currently consists of two parcels due to the existing duplexes that were on the property. The
parcel numbers are 273512260001 and 273512260002. Both properties are currently owned by the sathe
owner, Alan S Englander trust, Alan Englander, trustee. Please refer to title commitment that demonstrates that
Alan Englander may apply for this development application.
Protect Description
805 Cemetery Lane was a Duplex that was constructed in approx. 1978. It was remodeled in approx. 1983 when
it was reconfigured into a top /bottom duplex. Plans were submitted in September of 2009 to remodel the
Duplex. These plans were approved in October of 2009 and a permit was issued. A change order was submitted
In November of 2009 to change the duplex into a single family house. This change order was approved in
January of 2010. A second change order was submitted for minor frame changes to the house and was approved
in July 2010.
Site Description
There exist numerous mature evergreen and Aspen trees on the property. Please refer to site panorama. A tree
mitigation plan was approved by the City of Aspen parks Department. The back of the house fronts the Aspen
golf course, 15 hole.
Residence History
This development was a remodel of an existing structure. In the existing plan there existed a single stall garage
and a den at the level of the current garage. When the structure was renovated in 1983, they filled in half the
garage to make a den. The existing fagade had a small window facing Cemetery lane and a man door that faced
Cemetery Lane. Please refer to existing elevation sheet A -220 that represents the existing and proposed front
elevation. There also exists an angled wall of the garage which follows a five foot set back line on the north side
of the property which limits the garage size. For ease of construction in the remodel, the opening for the new
garage was created from the existing opening that had been filled in from the 1983 remodel. The size of the
garage door opening is 18' wide.
P12 `as/
poss ARCM TECTUNE 1- PLANNING
Variance for Retention of existing Site Features
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;
This request for variance meets the Aspen Area Community Plan in these ways:
a. Improving scenic quality — the new installation of landscape and drystack site retaining walls will enhance the
experience of driving or walking on Cemetery lane
b. Improved drainage conditions — the new parking area drainage diverts storm run -off water to an underground
drywell to leach back Into the existing soil. The previous condition allowed drainage to run onto the sidewalk.
2. The grant of variance 1s the minimum variance that will make possible the reasonable use of the parcel,
building or structure;
Granting this variance will make possible the continued use of both the parking area and driveway as it has been
used for the last 30 years and allow use of the parking area and driveway concurrently. If the design of the
parking area driveway were to change, it would cause the removal of one mature spruce tree and possibly one
additional lodge pole pine tree to access the driveway from the existing parking area. This would cause undue
financial hardship for the owner to pay for the tree mitigation fee for the removal of the trees, new fees to
redesign the landscape plans, and additional cost in landscaping to landscape the new driveway areas.
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:
There are numerous properties in the same zone district that have similar curb cuts and access driveways to
access the site. Please refer to enclosed photos 805, #1 thru #12 which show a multitude of access to properties
inn the same zone district. The hardship would be caused by having to remove a newly constructed parking
area, and reconfigure landscaping and driveway access.
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
The special circumstances resulted from untimely direction from the city of aspen engineering department.
All the documents pertaining to this project and change orders were submitted and approved within the City
of Aspen building review process. We feel that it is not fair to the homeowner for the City of Aspen to come
back after documents have been approved and the project inspected to request changes that will have a
detrimental financial impact on the homeowner and to the property. These changes should have been
noted during the approval process (the first change order) and not after a significant portion of the project
has been completed. (ie. the pouring concrete in the parking area)
P13
p0SS ARCHITECTURE PI IlNNIN(a
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 this zone district there are a multitude of properties that have two curb cuts accessing the property.
Please see enclosed photographs 805 141 thru #12. Keeping the existing curb cuts on the property will
allowed continued reasonable use of the property. The current conditions do not pose a safety threat to the
owners, neighbors, or the public.
Variance from Residential design Standards
a. Provide an appropriate design or pattern of development considering the context in which the
development is proposed and the purpose of the particular standard. in evaluating the context as it is
used in the criteria, the reviewing board may consider the relationship of the proposed development with
adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is
necessary to determine if the exception is warranted; or
In the R -15 zone district there exists numerous garages (please see attached photos 805 A thru G) that are
similar to the proposed garage design, including some garage doors that almost exactly mimic out proposed
garage door. The redesign of the residence incorporated a more modern design aesthetic for the garage.
The garage volume sits back from the front facade of the residence and is shielded on both sides by mature
vegetation.. It is our opinion that the garage door has interest and is proportional with the size and scale of
the surrounding context of homes in the neighborhood and zone district.
b. Be clearly necessary for reasons of fairness related to unusual site - specific constraints. (Ord. No.
52 -2003, § 5; Ord. No. 20 -2005, § 1)
It is out opinion that the proposed development contributes to the streetscape of Cemetery lane. The house is
architecturally interesting and the garage door contributes to this pattern. This house is consistent with other
houses in the zone district and preserves the established neighborhoods scale and character.
Respectfully Submitted,
Keith Howie
Representative for Alan Englander
P14 -
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•
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
(30 c Canniva e.s l�c� -� , Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
v c4 c\ 17 62 L• norm , 20U
STATE OF COLORADO )
) ss.
County of Pitkin )
I, - .e4� ') (name, please print)
I,
or repfesenting an Applicant to the City of Aspen, Colorado, hereby personally
certify that 1 have complied with the public notice requirements of Section 26.304.060
(E) of the pen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an officiat
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 , 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)
� 0
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.
4 —
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this old day
* yANs a 2011, by A-v`Th Qc. 5r-ri.f
P E
I 515. ros CEMETENN
RE: VARIANCE p WITNESS MY HAND AND OFFICIAL SEAL
NOTICE IS NE RE day, � p i pa stme^
will be heltl an W
al 4:00 O r^ & M a Nett, 130 S. Galena �
pity Counci Ch
e "bmltetl by M M comm ission expires: S L`�' t
s L, As pPeBn. to be f of Alen S tE^I3taCT r ° bg 3 1.
Sault aj i w1C o s Circle, Greenwich
ick Wootl aresitlenti tlas
The APP
li is reque9M stall garage /
valance toP cant maintain cutsonto0emeterypyy ��•� , l _
valanse 10 maintain two antlertevt Cops legally
A ° — _ ��
Lane. The subject W °� SUbtlivision, La ^e, For No tary Public . i '
riber0�aanly kn lu 8°5 Cemeery elan at
' o . .' B� l
lesc
and com tact Jennlar t Ph the
omietion, son . met Depart �•(� I,
further inf
C09T0.n42S50S0. i •
ry o Aspen Comm"mty D'velo� i) ,
• Ci
G Galeri asb.A LINDA M
(roam , BM M.
(or by email °n
Board Mu % aNMNG;
a Bca rl ` 5 • s
publishen the Aspen Times Weekly on 'Welt
I1 �4
°" ' tl i
ATTACHMENTS AS APPLICABLE: /
* COPY OF THE PUBLICATION My Commission Expires 0312912014
* PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
* LIST OF THE OWNERS AND GOVERNMENT AGENCIES NOTIED
BY MAIL
* 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:
0945 LibV Fi , Aspen, CO
SCHEDULED PUBLIC HEARING DATE: 20d ¢ �, RECEIVED
�� JUN 21 2011
STATE OF COLORADO ) CITY OF ASPEN
ss. COMMUNITY DEVELOPMENT
County of Pitkin , L
, 7 /10kia (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:
I 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.
/
v Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty -two (22) inches wide and twenty -six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
and was continuously visible from the J' day of 11.4.16 , , 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)
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 amendments.
Signature )6(M
ay
foregoing "Affidavit of Notice" was acknowledged before me this ) C(' "day
o f 4.-L , 20W - , by �i '(/f t9W /E
a011
WITNESS MY HAND AND OFFICIAL SEAL
PAULETTE S. DANGLER �. �3./ 7
NOTARY PUBLIC My mission expires: ,
STATE OF COLORADO � / / / � J
My Commission Expires 04/13/2014 • % ',Pi Al 40
Notary Public
ATTACHMENTS 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 BY C.R.S. §24- 65.5 -103.3
r
PUBLIC NOTICE
RE: VARIANCE REQUESTS, 805 CEMETERY LANE
NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, July 7, 2011,
to begin at 4:00 p.m. before the Aspen Board of Adjustment, City Council Chambers, City Hall,
130 S. Galena St., Aspen, to consider an application submitted by Keith Howie on behalf of Alan
S. Englander Trust, 9 Bailiwick Woods Circle, Greenwich, CT. 06831. The Applicant is
requesting a residential design variance to permit a double stall garage door and a variance to
maintain two curb cuts onto Cemetery Lane. The subject property under review is legally
described as the Horan Subdivision, Units A & B and commonly known as 805 Cemetery Lane.
For further information, contact Jennifer Phelan at the City of Aspen Community Development
Department, 130 S. Galena St., Aspen, CO 970.429.5090, (or by email
jennifer.phelan@ci.aspen.co.us).
s/Rick Head, Chair
Aspen Board of Adjustment
Published in the Aspen Times on June 19, 2011
City of Aspen Account
NOTICE OF PUBLIC HEARING
DATE JULY 7, 2011 TIME 4:00 P.M.
PLACE CITY COUNCIL CHAMBERS
CITY HALL, 130 S. GALENA ST., ASPEN, CO _
BODY ASPEN BOARD OF ADJUSTMENT
TYPE / PURPOSE:
REQII ISTINS_AIESMENTA LLD'S IGNIAR1ANIIMPBM1TaSTALL
GA1LA11 _DOOR AND A VARIANC[.JQ MAINTAIN__T-W_O _SURB CUT'S OHIO
CEMETERYIANE
APPLICANT:
ALAN ENGLANDER TRUST, 9 BALLIWICK WOODS CIRCLE, GREENWICH,
CONN. 06831. APPLICANT IS REPRESENTED BY KEITH HOWIE, POSS
ARCHITECTURE + PLANNING
PROPERTY:
THE HORAN SUBDIVISION, UNITS A & B AND COMA NLY KNOWN AS
CEMETERY LANE
FOR FURTHER INFORMATION CONTACT: JENNIFER PHELAN, CITY OF ASPEN COMMUNITY
DEVELOPMENT DEPARTMENT 130 S. GALENA [, ASP9I, (0 (970)920-5090 OR AT
jenniifer.phelan(Qaaspen co.us
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777 CLU LLC (\rte APPLEBY ALANA & BLAKE ASPEN GOLF PRO SHOP
777 CEMETERY LN PO BOX 9382 C/O SSI VENTURE LLC
ASPEN, CO 81611 ASPEN, CO 81612 299 MILWAUKEE ST #502
DENVER, CO 80206 -5045
ASPEN VALLEY MEDICAL FOUNDATION BARABE CAROLYN BLACK BETSY P
PO BOX 1639 790 CASTLE CREEK DR 44125 E HWY 82
ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611
CERISE JAMES M CHALOUPKA DONALD & VIRGINIA M CITY OF ASPEN
790 CASTLE CREEK DR 561 TRAILWOOD CIR ATTN FINANCE DEPT
ASPEN, CO 81611 WINDSOR, CO 80550 130 S GALENA ST
ASPEN, CO 81611
CROSSROADS CHURCH OF ASPEN DANKS LAURA GIANCARLO FAMILY TRST
726 W FRANCIS ST 845 CEMETERY LN 36 EUCLID AVE
ASPEN, CO 81611 ASPEN, CO 81611 ATHERTON, CA 94027
HOMEYER EVE JBL KEYSTONE LLC KENDALL PHILLIP A
810 CEMETERY LN PO BOX 8355 2121 WOOD AVE
ASPEN, CO 81611 ASPEN, CO 81612 COLORADO SPRINGS, CO 80907
KIMBROUGH MARY JO MCGILVRAY JOYCE & ALEXANDER C ORE BUCKET ASSOCIATES
830 CEMETERY LN TRSTE C/0 WILLOW CONNERY
ASPEN, CO 81611 339 N BUNDY DR 1944 HUDSON ST
LOS ANGELES, CA 90049 DENVER, CO 80220
RED BUTTE CEMETERY RED MTN GRILL ROWLANDS DONNA K REV TRST
PO BOX 194 1000 TRUSCOTT PL PO BOX 8310
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612
STEGE J B STEGE LELIA TAYLOR STRICKSTEIN FAMILY TRUST
PO BOX 8355 321 SOPRIS CREEK RD 12599 E SILVER SPUR
ASPEN, CO 81612 BASALT, CO 81621 SCOTTSDALE, AZ 85259
TAML HOLDINGS LTD WALL CHARLES R REV TRUST WEIMANN PROPERTIES LLLP
3120 ROGERDALE #150 777 CASTLE CREEK DR 775 CEMETERY LN
HOUSTON, TX 77042 ASPEN, CO 81611 ASPEN, CO 81611
WILPON JEFFREY & VALERIE WINCHESTER ROBERT P ZANIN FAMILY INVST LLC
14 BROAD RD PO BOX 5000 00308 MC SKIMMING RD
GREENWICH, CT 06830 SNOWMASS VILLAGE, CO 81615 ASPEN, CO 81611
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NOTICE OF PUBLIC HEARING _:
DATE JULY 7, 2011 TIME 4:00 P.M.
PLACE CITY COUNCIL CHAMBERS
CITY HALL, 130 S. GALENA ST., ASPEN, CO
BODY ASPEN BOARD OF ADJUSTMENT
TYPE I PURPOSE:
REQUESTING A RESIDENTAIL DESIGN VARIANCE TO PERMIT A DOUBLE STALL
GARAGE DOOR AND A VARIANCE TO MAINTAIN TWO CURB CUTS ONTO V
CEMETERY LANE
APPLICANT:
ALAN ENGLANDER TRUST, 9BALLIWICK WOODS CIRCLE, GREENWI
CONN. 06831. APPLICANT IS REPRESENTED BY KEITH HOWIE, POSS
ARCHITECTURE + PLANNING
PROPERTY:
THE HORAN SUBDIVISION, UNITS A & B AND COMMONLY KNOWN AS 805
CEMETERY LANE
•
FOR FURTHER INFORMATION CONTACT: JENNIFER PHELAN, CITY OF ASPEN COMMUNITY
DEVELOPMENT DEPARTMENT 130 S. GST., ASPEN, CO (97) 920 -5090 OR AT
jennrfer.phd.ospen.co.us
c
4101
THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: May 12, 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 0034.2011.ASLU — 805 Cemetery Lane.
y4 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) Current title certificate (no older than 6 months) needs to be submitted or a disclosure of
ownership from an attorney licensed to practice law in Colorado.
2) Written responses to the review standards for Variances (section 26.314.040 A.) and
Residential Design Standards variances (section 26.410.020 D.2).
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.
T • -. -. Y.
nnif:' ' elan, Deputy Director
City of Aspen, Community Development Department
For Office Use Only: Qualifying Applications:
Mineral Rights Notice Required SPA PUD COWOP
Yes No Subdivision (creating more than 1 additional lot)
GMQS Allotments Residential Affordable Housing
Yes No Commercial E.P.F.
stewart title Aspen Division
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 25, 2011 •
Order Number: 946645
Buyer:
Seller: Alan s. Englander Trost
Property Address: 805 Cemetery Lane, 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
Entail Address: lwilliam3@stewart.com
stewart.com
SELLER:
Alan s. Englander Trust
LISTING BROKER: SELLING BROKER:
Alan s. Englander Trust
Phone: Phone:
•
•
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l
We Appreciate Your Business And Look Forward to Serving You in the Future.
•
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: May 4, 2011, at 7:30 A.M. Order Number: 946645
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:
ALAN S. ENGLANDER REVOCABLE TRUST
5. The land referred to in this Commitment is described as follows:
CONDOMINIUM UNITS A and B,
HORAN CONDOMINIUMS (A CONDOMINIUM)
According to the Condominium Map recorded July 23, 1980 in Plat Book 10 at Page 5 and the
Amended Plat recorded May 20, 1993 in Plat Book 31 at Page 84 and as defined and described in
the Condominium Declaration for Horan Condominiums recorded July 23, 1980 in Book 392 at
Page 179 and the Amended Condominium Declaration recorded May 20, 1993 in Plat Book 711 at
Page 343
COUNTY OF PITKIN, STATE OF COLORADO
Purported Address: Statement of Charges:
805 Cemetery Lane These charges are due and payable before a Policy can
Aspen, Colorado 81611 be issued:
Commitment Fee
Order Number: 946645 } ' �.r
ALTA Commitment (6/17/06)— Schedule A r-S `eAGY t
Title Officer. Linda Williams title guaranty company
Page I of 1
COMMITMENT FOR TITLE INSURANCE
SCHEDULE 13 — Section 1
REQUIREMENTS
Order Number: 946645
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 AT THIS TIME
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.
SEE SCHEDULE B 2
•
Order Number: 946645 S te V a t
ALTA Commitment (6/17/06) — Schedule 13 1
Page 1 of 1 title guaranty company
•
r^�
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B — Section 2
EXCEPTIONS
Order Number: 946645
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. Reservations and exceptions in Patents, or Acts authorizing the issuance thereof, including the
reservation of the right of proprietor of a vein or lode to extract and remove his ore therefrom
should the same be found to penetrate or intersect the premises as reserved in United States Patent
recorded October 27, 19892 in Book 55 at Page 33.
11. Easement as reserved in the Deed from West Aspen Company recorded April 12, 1968 in Book
234 at Page 983.
12. All matters shown on the Plat of West Aspen Subdivision Filing No. 1 recorded in Plat Book 3 at
Order Number: gen (6 �S �-7 Y V GY
ALTA Commitment (6!17/06) — Schedule B 2 �
Page 1 of 2 title guaranty company
Page 252.
13. Statement of Exemption from the Full Subdivision Process recorded March 12, 1980 in Book 384
at Page 856.
14. Protective Covenants recorded September 5, 1967 in Book 229 at Page 78 and Amendment
recorded October 4, 1967 in Book 229 at Page 507 and Amendment recorded March 11, 1976 in
Book 309 at Page 497.
15. Condominium Declaration for Horan Condominiums recorded July 23, 1980 in Book 392 at page
179 and the Amended Condominium Declaration recorded May 20, 1993 in Plat Book 711 at Page
343
16. All matters shown on the Condominium Map recorded July 23, 1980 in Plat Book 10 at Page 5
and the Amended Plat recorded May 20, 1993 in Plat Book 31 at Page 84
Order Number 946645 s .� Q` A ,^ r{:
ALTA Commitment (6/17 /06)— Schedule B 2 `GY YQ� `
Page 2 ot2 title guaranty company
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ALTA Commitment (6117/06)
ALTA Commitment Form
COMMITMENT FOR TITLE INSURANCE
Issued by
stewar t
•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: +tewary p
("X/ / s tftle guaranty company !
• X/ O/ Senior Chairman en o(rhe Beard
A ri ud Countersignature //
r ,J �E e4g1 Jr / � i . � - / .'
Stewart Title $ ° "'•fit= /
Aspen Division aae .$ hairman of the Board
620 East Hopkins Avenue
Aspen, Colorado 81611
Phone: 970 -925 -3577 President
Fax: 866-277-9353
Order Number: 946645 ALTA Commitment (6/17/06)
u 11
•
DISCLOSURES
Order Number: 946645
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
comity treasurer's authorized agent;
C. Information regarding special districts and the boundaries of such districts may be obtained from the board of
county conunissioners, 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: Affmnative 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 unfiled mechanic's
and Materiahnen'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, auy 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: 946645
Disclosures
Stewart Title
DISCLOSURE
The title company, Stewart Title in its capacity as escrow agent, has been authorized to
receive fiords and disburse them when all fiords 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 fonn 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 find 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.
r
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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.
• Fn
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STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies
WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION?
3
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law .i.
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 infonnation to run their everyday
business —to process transactions and maintain customer accormts. In the section below, we list the reasons that we can share
customers personal 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 Yes No
accounts, such as processing transactions, mailing, and auditing services, and
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 conunon
ownership or control. They can be financial and nonfinancial companies. Our I Yes No
affiliates may include companies with a Stewart name; financial companies, such �
as Stewart Title Company
For our affiliates' everyday business purposes— information about your No We don't share
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't share
cormnon 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 nom- 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, !:.
building safeguards. _-
file and bln
......... ....... ... . ...... ....... . .......... .........._.
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 you right sharing (e.g., opt out)
g g give ou the ri t to limit slow ' o t ou in
certain Stances, we do not share your personal information in those instances
Contact Us 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: 946645 -- ` --
0
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v Routing Status Fees Fee Summary Main Actions Attachments Routing History i Valuation Arch /Eng Custom Fields I Sub Permits ' `
c P erm i t type a slu Aspen Land Use Permit # 0034.2011.ASLU
o -
N
— Address 805 CEMETERY LP) Apt /Suite A
° o City '-PEN State CO Zip 81611
• x Permit Information
c Master permit Routing queue aslu07 Applied 5112Q011
n' .
F Project Status pending Approved
0
N Description RESIDENTAL DESIGN VARIANCE - DEMENSIONAL VARIANCE Issued
Final
Submitted KEITH HOVNE- POSS 970 379 3806 Clock Running Days 0 Expires SBA 012
Submitted via
Owner
Last name ENGLANDER ALAN 5 TRLIS First name 323 RAILROAD AVE
GREEMICH CT 06836
Phone O Address
Applicant
p Owner is applicant? ❑ Contractor is applicant?
Last name ENGLANDER ALAN S TRUS First name 323 RAILROAD AVE
GREE W 1CH CT 06836
Phone l) - Cust # 21003 Address
Lender
1 Last name First name
Phone ( ) - Address
1
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