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Home My WebLink AboutLand Use Case.1245 Mountain View Dr.0064.2011.ASLUTHE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0064.2011.ASLU PARCEL ID NUMBERS 2735 01 3 09 018 PROJECTS ADDRESS 1245 MOUNTAIN VIEW DR PLANNER CLAUDE SALTER CASE DESCRIPTION RES DESIGN VARIANCE REPRESENTATIVE CITY OF ASPEN DATE OF FINAL ACTION 12.28.11 CLOSED BY ANGELA SCOREY ON: 12.22.11 DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order. hereinafter "Order", is hereby issued pursuant to Section 26.304Â·.070, "Development Orders", and Section 26.308.010, "Vested Properly Rights", of the City of Aspen Municipal Code. This Order al[ows 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. Michael and Cathy Tierney. 1245 Mountain View Driveâ€žAspen, CO 81611 Property Owner's Name, Mailing Address and telephone number WEST MEADOW Block: 2 Lot: 8. Citv Aspen. County of Pitkin. Colorado. 81611. Parcel ID 273501309018 Legal Description and Street Address of Subject Property The applicant has received approval from the Planning and Zoning Commission for a Residential Design Standard Variance. The applicant received a variance from the Building Element Standard: to have a custom front door at 8'9", Written Description of the Site Specific Plan and/or Attachment Describing Plan CitY of Aspen, Planning and Zoning Commission Approval, Approval of Residential Design Standard Variance. Resolution 21. Series of 2011. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) November 15.2011 Effective Date of Development Order (Same as date of publication of notice o f approval.) November 15.2014 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 tl-â€¢is 15th dav of November, 2011, by the City of Aspen Community Development Director. Chris Belition, Community Development Director 1@ RECEP I#: 585298, 12/22/2011 at 11:24:47 pud, 1 OF 4, R $26.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Resolution No. 21 (SERIES OF 2011) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION I APPROVING A VARIANCE FROM THE BUILDING ELEMENTS RESIDENTIAL DESIGN STANDARD TO MAINTAIN THE ENTRY DOOR AT 1245 MOUNTAIN VIEW DRIVE, SUBDIVIDION WEST MEADOW BLOCK: 2 LOT: 8, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parce\No. 273501309018 WHEREAS, the Community Development Department received an application from Michael and Cathy Tierney. represented by Peter LaMorte. LaMorte and Company, Ltd., requesting Variance approval from the Street Oriented Entrance and Principal Window Residential Design Standard to maintain the entry door at 1245 Mountain View Drive; and, WHEREAS, pursuant to Section 26.410.020 D. Variances5 the Aspen Planning and Zoning Commission may approve a Residential Design Standard Variance, during a duly noticed public hearing after considering a recommendation from the Community Development Director: and. WHEREAS, the Community Development Department Staff reviewed the application for compliance with the Residential Design Standard Variance Review Standards: and, WHEREAS, upon review of the application, the applicable Land Use Code standards. the Community Development Director recommended approval of the Variance from Residential Design Standard - Building Elements (Land Use Code Section 26.410.040.D.1.a); and, WHEREAS, during a duly noticed public hearing on November 15, 2011, the Aspen Planning and Zoning Commission approved Resolution No 21. (Series of 2011). by a five to zero (5 - 0 ) vote. approving a Residential Design Standard Variance; and. WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein. has reviewed and considered the recommendation the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds applicable development standard 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:) and that the approval of the development proposal, is consistent with the goals and elements of the Land Use Code and the Aspen Area Community Plan; and. WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion ofpublic health, safety. and welfare. NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves a variance from the following Residential Design Standard: L.U.C. Section 26.410.040.D.1.a, Building Elements - Street oriented entrance and principal window. (Requiring the entry door shall face the street and be no more than ten (10) feet back from the front-most wall of the building. Entry doors shall not be taller than eight (8) feet.) A variance is granted to permit the entrv door to be nine (9) inches taller than required by the standard. The Planning and Zoning Commission has determined the variance request meets the review criteria outlined in L.U.C. Section 26.410.020(D)(1)(a). This approval shall permit the Applicant to maintain the existing entry door located at 1245 -Mountain View Drive as represented at the public hearing held November 15,2011 and as illustrated in Exhibit A to this Resolution. Section 2: The building permit application to deve]op the above-mentioned residence shall include a copy of the final P&Z Resolution. All other requirements to develop a single family residence shall be submitted as part of the building permit application including but not limited to: adopted building and fire codes. relevant standards within the Aspen Municipal Code such as engineering and water system standards. Aspen Consolidated Sanitation District's rules and regulations. etcetera. Section 3: 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 4: If ally 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 5: 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 Commission at its meeting on November 15,2011. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ~ini True, special Counsel Stan Gibbs. Chair - i ~6 /1.0.71 3 ATTEST: Â·4- 2.11 li :'--4 A /47 6 f A iD LL i ,>â‚¬C /6.Â·Lj -0'L , 0,. 2,(ib~<COP <'f Jackie Lothian, Deputy City Clerk List of Exhibits Exhibit A: Existing North Elevation Exhibit A 1245 Mountain View, Existing North Eleveation &1 , 0/MI 11 - / i./11 - / - 1- , Iii /4 1 ' - .7-1~ I 157(- : /1 31_Z__: It 1/_ *~4~ ~ Bn,F,CEOF 65--*==%'r==ts~SEâ„¢w,râ€¢:F- - 4 - /2 4 ~ lail 1.//11 Â«]117. , rr-, Â·..... 67â„¢)8~ Ir==i 6121 81 Â® Eli 0 111 =i 1 -6 il. - 1 - L I - i / 431 ~TER-limit-- . E "1 -T-- 2 - Jb'-==M -,- - 1 -It--' d.ouJL - AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE PUB-LIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the 1 ADDRESS OÂ¥PROÂ¥Â¥PTY: d < A approval 01 a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertain- Aspen, CO ing to the following described property: Subdivision: WEST MEADOW Block: 2 Lot: 8, City Aspen, County 01 Pitkin, Colorado, 81611; com- monly known as 1245 Mountain View Drive. As- pen, Colorado, 81611, by order of the Planning and I Zoning Commission on November 15, 2011. The STATE OF COLORADO ) Applicant received approval for one Residential Design Standard variance allowing for the appli- i cant to maintain the existing custom front door. For ) SS. i further information contact Claude Salter, at the I County of Pitkin ) City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090. s/ City of Aspen Publish in the Aspen Times Week/y on November 24,2011. [7261880] I, 14--na â‚¬~Â« .90- (name, please pIint) being or represAting anApplicant 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. 4- - 51 L.-Â»-1 -1 S ignature The foregoing "Affidavit of Notice" was acknowledged before me this 28 day of )40 1 , 201, by 4775-Â»tfu- ScL--/ 7 WITNESS MY HAND AND OFFICIAL SEAL f My commission expires: 3--79- 2GH ...<IM \ <SEd@_ \19*u* < LINDA M. 'i 1 MANNING j Notary Public 4... ...8 OF (MOr- ATTACHMENTS: My Commission Expires 03/29/2011 OPY OF THE PUBLICATION Citv of Aspen Planning & Zoning Meeting - Minutes November 15, 2011 Comments Minutes Conflicts of Interest 1245 Mountain View Drive 1 01 01 M N Citv of Aspen Planning a Zoning Meeting - Minutes No -aber 15, 2011 Stan Gibbs opened the regular meeting November 15,2011 of the Planning & Zoning Commission in Sister Cities at 4:30. Commissioners present were: LJ Erspamer, Jasmine Tygre, Bert Myrin, Stan Gibbs and Jim DeFrancia arrived at 4:47. Commissioner excused was Cliff Weiss. Staff in attendance: Jennifer Phelan, Claude Salter, Jessica Garrow, Community Development; Jackie Lothian, Deputy City Clerk. Comments: Bert Myrin said that he missed the last meeting with Theatre in the Park and it will go onto Council. Jennifer Phelan responded yes. Bert thanked Jackie for the minutes and Jasmine for her comments. Bert distributed a hand out and wanted to address code amendments together. Jennifer said that he might want to wait to talk to Jessica as planners working on the AACP with you. Minutes: MOTION: LJ Erspamer moved to approve the minutes froni November 01, 2011; seconded by Jasmine Tygre. APPROVED 4-0. Conflicts of Interest: CliffWeiss recused himself. PUBLIC HEARING: 1245 Mountain View Drive Stan Gibbs opened the public hearing for 1245 Mountain View Drive for a residential design variance. Stan asked if notice had been provided. Claude Salter replied that it had. Claude introduced Peter LaMorte Construction Company representing the owners. Claude Salter explained that the residential design standards were to preserve the established neighborhood scale and character, to ensure that neighborhoods are and that each home contributes to the streetscape. Claude said the residential design standard that we are addressing tonight is the building element; to ensure that each residence provides human scale to the fagade and enhances the walking experience and re-enforces local building tradition. The entry door shall be street facing and no more than 10 feet back from the front most fagade of the building and the entry door shall not be taller than 8 feet. Claude said that Peter built a beautiful house, a single family residence, with an approved permit for demolition and new construction of the house. At the time of building permit it met all the residential design standards and through the course of construction things changed and the front door changed without a change order. The house was completed and Peter 2 Citv of Aspen Planning & Zoning Meeting - Minutes November 15, 2011 called for a final zoning inspection and the zoning officer noticed that the door was slightly taller then what was permitted by the standard. Claude said that staff found that variance met the review standard A and staff believes that the requested variance was a supportable design given the pattern of development considering the relationships ofthe adjacent structures and immediate neighborhood. Claude said that it didn't appear to be out of character with the house. The door was only slightly larger than the standard size and the color and hardware on the door show that the handle is in the appropriate location which makes the door seem of human scale. Claude stated that there was recommendation to approve the variance request. Bert said that one of the justifications is the color of the siding of the house which match the door; if that were to change the color of the door. Jennifer Phelan said that it was something that was not out of scale in the neighborhood. Claude said this is the condition now and you can't say what is going to happen in the future. Jasmine Tygre asked why is the door 8 inches higher than standard. Peter LaMorte said he certainly has a reason; the window next to the door was set at 8 foot 9 going to the trim. Peter said the architect set the window close to the door and he had to put a steel plate between the window and door because it was so close. Peter said that had he known the building standard he would have asked to lower the window because he thought the architect made the mistake but he made the mistake because he thought it would look better matching the window height. No public comments. Jasmine said she felt this was a minor situation and thought standard A was appropriate and was in favor of approving this. LJ agreed with Jasmine. Jim DeFrancia came in at 4:47pm. Bert agreed with Jasmine and LJ and thanked staff for the neighbor's photos. Jim said he was comfortable with what was in the packet. Stan Gibbs said that he didn't have a problem with the purpose to seem human and not 12 feet tall. Stan said that developers need to know if they are going to make a change; they should go back to the city and say this is what I am thinking of doing. 3 Citv of Aspen Planning .- Zoning Meeting - Minutes No. - -iber 15, 2011 Stan said that this is important. Peter said that he should have read the building standards. MOTION: Bert Myrin moved to approve Resolution #021, series of 2011, approving the Building Elements requirement ofthe Residential Design Standards to maintain a custom door at 1245 Mountain View Drive; seconded by LJ Erspamer. Roll call vote: Jasmine Tygre, yes; LJ Erspamer, yes; Bert Myrin, yes; Stan Gibbs, yes; Jim DeFrancia, yes. APPROVED 5-0. Adjourned 4:55 pm into the City AACP Meeting. *L, .44Â« <Jackie Lothian, Deputy City Clerk 4 MEMORANDUM To: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Directq~_~0~0~ FROM: Claude Salter, Zoning Officer RE: 1245 Mountain View Drive - Residential Design Standards Variance, - Public Hearing DATE: November 15,2011 Subject Property: APPLICANT /OWNER: Michael and Cathy Tierney REPRESENTATIVE: -4* , . 44#. y....M Peter LaMorte, LaMorte and ...p/*2Â£#ir -4... - Company, Ltd. " 1 4 r f }UK . ..7 1,1 , ./ 1. 11 LOCATION: Lot: 8, Block: 2, .'*,t - *~ i '16" - 41% a .92 West Meadow Subdivision. 1 K 4- f k,- The property is located off - Cemetery Lane on Mountain .- View Drive. CURRENT ZONING: R-15, Moderate-Density Residential - SUMMARY: The Applicant requests a variance from the Building Elements Residential Design Standard. STAFF RECOMMENDATION: Staff recommends approval of the requested Residential Design Standard Variance. Page 1 of 5 i,1 LAND USE REQUESTS: The Applicant has constructed a new single- family residence at 1245 Mountain View Drive. The original building plan met all the Residential Design Standards, during the course of construction a change was made to the front door. The owners are seeking a variance from the Building Elements requirement, as outlined below: â€¢ Variance approval from the Residential Design Standards pursuant to L.U.C. Section 26.410.020.D, Variances. The applicant is requesting variances from L.U.C. Section 26.410.040.D; Building Elements (requiring ...the entry door not be taller than eight (8) feet). The Planning and Zoning Commission is the final review authority. 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 Planning and Zoning Commission under L.U.C. Sections: 26.410.020 D. Variances. PROJECT SUMMARY: The Applicant is requesting a variance from the Building Elements, street oriented entrance and principal window requirement for a new single-family home, specifically section 26.410.040.Dl.a requires, "entry doors shall not be taller than eight feet." In February of 2010, the homeowner applied for a building permit to demolish the existing structure and build a new single-family home on the property. The plans were approved by Zoning in March of 2010. The owner did not request a variance as the plans met the Residential Design Standards. The project was built without change orders to the original plan. However, during the final Zoning inspection the front door was larger than what was approved on the original permit. The owners are requesting a variance from the requirement which specifies the height of the front entry door. 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 chapter 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." Specifically the intent of the Building Elements standard is to, "ensure that each residential building has street-facing architectural details and elements, which provide human scale to " the faqade, enhance the walking experience and reinforce local building traditions The Applicant's existing door meets two of the three requirements for entry doors. The standard states that, '~The entry door shall face the street and be no more than ten (10) feet back from the front-most wall of the building. Entry doors shall not be taller than eight (8) feet." The door is street facing and flush with the front-most wall of the building. Yet, the height of the entry door is nine (9) inches taller than allowed by the standard. The owner' s proposal is to keep the existing door. Page 2 of 5 Below, are photographs taken of the completed project. The bottom photographs represent the existing conditions for the requested variance. le 1-94 1 '194 Ir 9/I'll'll'll'll'lligfe.34 I I I , 4.6.7!1 5 - 1 :i~tÂ¢':3%~ - --4 ~2i - :0--fkf}*41 liÂ·<S ., 31 'll - - 1././ 7 -112~ I.... lilli =Mit i el. ..1 - 1 1-l _1 There are two review standards that the applicant is required to meet if the Commission 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 o f the proposed development with adj acent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine i f the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Staff Finding: Staff believes the requested variance meets the review standard 'a' because the proposed door is a supportable design given the pattern of development and considering the relationship of the adjacent structures and immediate neighborhood. The custom door does not appear to be out of character with the house or with the diverse neighborhood. The Mountain Vie-w neighborhood includes assorted building styles, including contemporary, ranch style and eclectic single family homes. The neighborhood is predominately single family homes. The proposed design of the entry door is appropriate given the moderate variation in height of the door. The door is less than 10% taller than required by the standard. The color and hardware of the door serve to diminish the difference between the standard of eight feet (8) and the custom door. The door is the same color as the siding of the house which minimizes Page 3 of 5 the difference in height of the door. The handle is of moderate size and location which serve to make the door design consistent with the residential use; which is the context of the neighborhood. Below, is a photographic representation of adjacent structures in the neighborhood. - - .ar ..... - -- - . 8-- V . 4 t 72,1 -- m - 'it Ir i / AB.4 9 'A~HM - - - .1 K I. - *li~ I ' h.*I'll.-2 310 - -~ . 2.9.t "2 1 51. 'Jigl W IL ,-acri.4 .12403 -,-41. - . ...2 y1270. ~ - -L ... 4 -k . 1, . #VA ''TZ'Mn, 4/1, i,War 217 ..... .~*~rtplaÂ»04/3 11*,1,1. ..lg . f F,-F,MY71*.Ift a -uÂ·i _ . I 2-I =a , 5 9.,= L . 2 rl i â€¢ -2 . 1 7- -gw . T1235 8*1315 1 -, 1245 LA 47- 1. L. r-q 1-8-Irm.i 1. - dm 4*j #14Â» ill/5 .. &22'.10,1.- 3 p =.1â€žp&/9 r- 1 *V 'W//~K' . - -- 75. 1 ju i... r/2 1 '41/1- .1: fâ„¢ E STAFF RECOMMENDATION: In reviewing the proposal, Staff believes that the request does meet the variance review standard, noted above that are set forth in Land Use Code Section 26.410.040 D, Variances. Staff recommends approval of the request. Page 4 of 5 RECOMMENDED MOTION (ALL MOTIONS ARE IN THE AFFIRMATIVE): "I move to approve Resolution No. , Series of 2011, approving a variance request from the Building Elements requirement of the Residential Design Standards to maintain a custom door at 1245 Mountain View Drive. ATTACHMENTS Exhibit A: Staff Findings Exhibit B: Application Page 5 0 f 5 Resolution No. (SERIES OF 2011) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A VARIANCE FROM THE BUILDING ELEMENTS RESIDENTIAL DESIGN STANDARD TO MAINTAIN THE ENTRY DOOR AT 1245 MOUNTAIN VIEW DRIVE, SUBDIVIDION WEST MEADOW BLOCK: 2 LOT: 8, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 273501309018 WHEREAS, the Community Development Department received an application from Michael and Cathy Tierney, represented by Peter LaMort, LaMorte and Company, Ltd., requesting Variance approval from the Street Oriented Entrance and Principal Window Residential Design Standard to maintain the entry door at 1245 Mountain View Drive; and, WHEREAS, pursuant to Section 26.410.020 D. Variances. the Aspen Planning and Zoning Commission may approve a Residential Design Standard Variance, during a duly noticed public hearing after considering a recommendation from the Community Development Director; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the Residential Design Standard Variance Review Standards; and, WHEREAS, upon review of the application, the applicable Land Use Code standards, the Community Development Director recommended approval of the Variance from Residential Design Standard - Building Elements (Land Use Code Section 26.410.040.D.1.a); and, WHEREAS, during a duly noticed public hearing on November 15, 2011, the Aspen Planning and Zoning Commission approved Resolution No_, (Series of 2011 ), by a_to_ c -) vote, approving a Residential Design Standard Variance; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds applicable development standard 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;) and that the approval of the development proposal, is consistent with the goals and elements of the Land Use Code and the Aspen Area Community Plan; and, WIIEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code. the Planning and Zoning Commission hereby approves a variance from the following Residential Design Standard: L.U.C. Section 26.410.040.D. 1.a, Building Elements - Street oriented entrance and principal window. (Requiring the entry door shall face the street and be no more than ten (10) feet back from the front-most wall of the building. Entry doors shall not be taller than eight (8) feet.) A variance is granted to permit the entry door to be nine (9) inches taller than required by the standard. The Planning and Zoning Commission has determined the variance request meets the review criteria outlined in L.U.C. Section 26.410.020(D)(1)(a). This approval shall permit the Applicant to maintain the existing entry door located at 1245 Mountain View Drive as represented at the public hearing held November 15, 2011 and as illustrated in Exhibit A to this Resolution. Section 2: The building permit application to develop the above-mentioned residence shall include a copy of the final P&Z Resolution. All other requirements to develop a single family residence shall be submitted as part of the building permit application including but not limited to: adopted building and fire codes, relevant standards within the Aspen Municipal Code such as engineering and water system standards, Aspen Consolidated Sanitation District's rules and regulations, etcetera. Section 3: 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 4: 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 5: 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 Commission at its meeting on November 15,2011. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Jim True. special Counsel Stan Gibbs, Chair ATTEST: Jackie Lothian, Deputy City Clerk List of Exhibits Exhibit A: Existing North Elevation Exhibit A 1245 Mountain View, Existing North Eleveation - jr-- --- - 1 0271 / gÂ£,2Â»4 1 / 77 - 1 r> ~1 41 /Â®\ 1 - 11 e gs 1 / i 1.L=1 / 1411 ./ i It L _3_ I ?44 111 -Â®-L ' GA - Al- C..1 ~ERT~L saNG .- 0 1 / â€¢ I -*~nALIGNVERTICAL.J.seu,m,Â·FACE 1 (*WALLBELOW i i I 1-1 ---ri V *4901-1 --al i~ J 11 0 11111 0 '1/4 f--- Eli HA# 13?/ L..._ L_ll i Q> [9 f A dÂ»LA Â· . l, <-,1 1- E 11 Exhibit A: Staff Findings Section 26.410.020 (D)(2): Residential Design Standard Variances a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose o f 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 Finding Staff Finding: Staff believes the requested variance meets the review standard 'a' because the proposed door is a supportable design given the pattern of development and considering the relationship of the adjacent structures and immediate neighborhood. The custom door does not appear to be out of character with the house or with the diverse neighborhood. The Mountain View neighborhood includes assorted building styles, including contemporary, ranch style and eclectic single family homes. The neighborhood is predominately single family homes. The proposed design of the entry door is appropriate given the moderate variation in height Of the door. The door is less than 10% taller than required by the standard. The color and hardware of the door serve to diminish the difference between the standard of eight feet (8) and the custom door, The door is the same color as the siding of the house which minimizes the difference in height of the door. The handle is of moderate size and location which serve to make the door design consistent with the residential use; which is the context of the neighborhood. t>*Wl ATTACHMENT 2 -LAND USE APPLICATION 'ROJECT: Name: , iprne-L i Re-Sidenct Location: laL\Â£5> (r\n.twnl),e.,JDr. ~Lat 5 &04-2, h)Â«t Irte ado,ost ibdk,ihian (Indicate street address, lot & block number, leial description where appropriate) Parcel ID # (REQUIRED) 2135 0,3 09 0 d APPLICANT: Name: (Y\, dia e.l Tier n a 1 Address: \3 a S Mountxtn l) ab a Dr. A:,p,*#, Co W\64 1 Phone #: 910 -9&5 -a,31 REPRESENTATIVE: Name: Pele.r kneor# / 1-r,{4:>rte ok,Q- G=>,1*6-1 .1-1-il:<-3 Address: D47-7 Mons 6(tgo Al. Carbundate, CD 5((.13 Phone #: 110 _ 963 - l-1128 TYPE OF APPLICATION: (please check atl that apply): GMQS Exemption U Conceptual PUD O Temporary Use GMQS Allotment C Final PUD (& PUD Amendment) U Text/Map Amendment Special Review U Subdivision E Conceptual SPA ESA - 8040 Greenline, Stream U Subdivision Exemption (includes E Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane 0 Commercial Design Review E Lot Split 2 Small Lodge Conversion/ Expansion ~ Residential Design Variance O Lot Line Adjustment U Other: U Conditional Use EXISTING CONDITIONS: (description ofexisting buildings, uses, previous approvals, etc.) 0Gant A.onr Â£-7~ Ce<(1 tnce- 70 9 inches to l lzr thon -th e.. b Coot Li Ul,li Al St-A16 1 PROPOSAL: (description of proposed buildings, uses, modifications, etc,) Acely Â·Er Re<;irt .<.8 4 1>LA; 9,~Sthdorci liar; *c-, . Have you attached the following? FEES DUE: S 1470 Do 3 Pre-Application Conference Summary 2 Attachment #1, Signed Fee Agreement 3 Response to Attachment #3, Dimensional Requirements Form 3 Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 3 3 -D Model for large project All plans that are [arger than 8.5" X 11" must be foIded. A disk with an electric copy of all written text Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an lectronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. 0000 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Airreement for Payment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and fr~\\ c.haâ€¢ 1 1 -l er n 9-61 (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for pik(415 (nr,ant,-:A l):et_J Ibr:ae. (hereinafter, THE PROJECT). 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 o f the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs invo]ved 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 gf the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 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 suspensionrfprocessing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT 41\1-49 P fÂ» By: By: Chris Bendon Community Development Director Date: 2 0' j -7-,i /1 Billing Address and Telephone Number: Larilart, anre Chn\Po.61,1.4Â·d. 041 -111 Ans 6 Afe Cd. Cor Lon rÂ·Ln\e , Cil W\615 410 -96 3- 1-116 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2759 DATE: 10.6.2011 PROJECT: 1245 Mountain View Drive REPRESENTATIVE: Peter LaMorte OWNER: Michael and Cathy Tierney REQUEST: Residential Design Standard (RDS) Variance, door height DESCRIPTION: The prospective applicant is preparing to submit an application for a residential design variance. The contractor has installed a custom door (not to approved plan) that is taller the permitted height within the Residential Design Standards. The standard requires a street facing door to be no taller than eight (8) feet in height (Subsection 26.410.040 (D)(1)(a)) The applicant is requesting a variance from this RDS so that the door may remain. Staff has determined that this review cannot be handled administratively and requires a Planning and Zoning Commission (P&Z) review. P&Z is a public hearing and will require noticing. The following two criteria are used in determining the appropriateness of a variance: 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. Below are links to the Land Use Application form and Land Usa Code for your convenience: Land Use App: ndp liw#w. -3.33,913 or 5 3' . 30;33/pdfs,-'dejois,/41,/!a nd cseapoforim â€ž pdf Land Use Code: h Â·-Â· -.Â· '.Â·.A:t.'.A. 2,4-,Lr.r,it!,ir r~n.Al/r-,ana.:-Â·-10Â·.re ./'r-Arnrr~,ri+w.na.Linninion:/DIÂ·-An;Â§1,1-anrl=.7Â£-in;rm/Tit!Â©_04_ Land-Use-Code/ Relevant Land Use Code Section(s): 26.306 Common Development Review Procedures 26.410 Residential Design Standards 26.410.040.D.1.a. (door height) Review by: Community Development for staff recommendation. Planning and Zoning Commission shall be the final review authority. Public Hearing: Required (15 days in advance to public hearing) Planning Fees: $1,470. This includes six (6) hours of staff time. Additional staff hours, if needed, will be billed at $245 per hour. (Fees increase on November 1, 2011) 1245 Mountain View Drive PID: 273501309018 ASLU - Residential Design Standards Variance October 6,2011 City of Aspen Community Development Department Planning and Zoning Commission 130 South Galena Street Aspen, Colorado 81611 RE: Tierney Residence 1245 Mountain View Drive Aspen, Colorado I hereby authorize Peter LaMorte 0477 Lions Ridge Rd. Carbondale, CO 81623 970-963-1776 to act as my Representative on my behalf: Michael Tierney 1325 Mountain View Drive Aspen, CO 81611 970-925-2231. %41&41 /1 7 0/l n J a /1 8 -70 0 U V L,Lf 4 Ir 72 Michael Tierney Â¥r October 6, 2011 City Of Aspen The Planning and Zoning Commission 130 Galena Street c Aspen, Colorado 81611 r\ 0 LaMorte and Company Limited has constructed a Residence for Michael Tierney at 1245 Mountain View Drive in Aspen, Colorado. The legal description is 1245 Mountain View Drive, Lot 8, Block 2, West Meadow Subdivision. / c, The construction documents and approved plans clearly show the Front Door to be 8 feet tall and 4 feet *'J wide. The window that sit 114" to the east side of the door had a head height of 8' -9 %". My concern 00 o was that the Head jam, if built as drawn, would impose a tremendous amount of force on the 114" steel post that sits in between the door and window and could possible damage the window. I thought it best 3 to raise the door height to match that of the window. At the time I was unaware that there was a -4 Building Standard that limited the front door to 8 feet. Upon our zoning referral inspection, for our . Certificate of Occupancy, the Zoning Officer pointed out the violation and informed us that we would have to remove the door and replace it with one that complies with the Building Standard or apply for a variance. We have chosen the latter, as replacement of the door, re- framing, drywall and siding will cost upwards of $14,000. Upon completion of those tasks I am still not convinced that the door will work properly and cannot be sure it will not damage the window. The front door sits back from the street eighty-three feet. The door material is very similar in color and texture to the surrounding siding. Thank you for taking the time to consider this variance. I have been in construction in this area for thirty- five years and have held a Contractor's License for the City of Aspen since 1983. This is the first time I 4 have had to ask for a variance on any project. 0. 1-r ... Thanks again and best regards, 194- Peter LaMorte President LaMorte and Company, Limited ,/ 4' / 36 / til 44/ Â» 9/Â»2 .id.ge Road \ Carboi lai -963-1072 - - #2''mkm. ~~1%,r .1 10' 7-, 1 F - I. 4... . 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Â¥11Â·ier., --B.>% , . 1.- './.1 3-4,0.-0.141 ,Â· *L '1*01"Â¢'t -4 : * l Â»41 41* 1I , VICINITY MAP 22LEL-lls-IQQQ~ AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 1 *4 6 (T\Ounia.U/1 U i t.,3 Dr; oc- , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Noo erA ber 15 , zou_ STATE OF COLORADO ) ) SS. County of Pitkin ) I, peter kam ortE (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. 1 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 2 5 day of O r.fro b er , 204 4 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. * Mailing ofnotice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(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 ofthe public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) RECEIVED OCT 2 8 ?011 011 Y UH ASPEN :OMMUNITY DEVELOPMENT Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax 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 ammdments. 0\ A A Signature The foregoing "Affidavit of Notice" was,aÂ¢knowledged before me this,2,$11ay of /24- , 209Â£ by *er let rnÂ»/1- e WITNESS MY HAND AND OFFICIAL SEAL [MARIA VERONICA VARGAS My commission expires: / ~ 0 j j 901 Cl NOTARY PUBLIC STATE OF COLORADO , A-=> ---"* Lke=35 </ My Commission Expires 01/21/2014 --**taiÂ¢*65!ic- -- - ='.=41 ATTACHMENTS AS APPLICABLE: â€¢ COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 RECEIVED OC i- 2 8 2011 ul i T Ut ASPEN ,OMMUNITY DEVELOPMENT r 4 8 .1.2~2 :~/1. 4*0009.2 PUBLIC NOTICE DATE 1.,e..lie.- 1, TIME + H PLACE 0, t~~ 9 PURPOSE f '' ' . / .1 ' I' /â€¢f 4 reÂ·..r, ..pr./.41 '.:1 Â·I'l. .. â€¢1 0 " D i app,â€¢CD'.t , r 'i, r 0,/401 nr,â€¢ oppriu. - -/1 '.1,- a, .2- ri Dr fe', dint O, 1@-,1. -7,~ do'. Cr,in I.1 . rr'. a ilizaor: mxy re,Grt 68â€¢,1.Â·or 40...l F 4* '11*ne"IN"mino" CON,Aer â„¢E Cm W Alll,tA-Ne Di/ARâ„¢Ilt 130/=Al UPENCO ~702*1010 11 4"" RECEIVED Dll 2 8 ?011 Cl I y ul- ASPEN ,OMMUNITY DEVELOPMENT illip 11 PUBLIC NOTICE RE: 1245 MOUNTAIN VIEW DRIVE, RESIDENTIAL DESIGN STANADRD VARIANCE LAND USE REQUEST NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, November 15, 2011, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Michael and Cathy Tierney, 1245 Mountain View Drive, Aspen, CO 81611, represented by Peter LaMorte. The applicants are requesting the following development approval: a variance from residential design standards which requires a standard door height. The property is legally described as: Subdivision: WEST MEADOW Block: 2 Lot: 8, City Aspen, County of Pitkin, Colorado, 81611. For further information, contact Claude Salter at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2752, claudesalter@ci.aspen.co.us s/Stan Gibbs, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on October 31, 2011 City of Aspen Account -. RECEIVED 00 2 6 2011 01 I r Ur ASPEN COMMUNITY DEVELOPMENT Easy PeelÂ® Labels i A I Bend along line to ~ AVERYÂ® 5160Â® | 1 Â· Use AveryÂ® Template 5160Â® Feed Paper expose Pop-up Edgeâ„¢ A SREI COTTAGE MOUNTAIN VIEW LLC TREADWELL DONNA ZIMET MILLARD & SUSAN 123 MADISON ST #103 1200 CALIFORNIA ST #10C 1315 MTN VIEW DR DENVER, CO 80206 SAN FRANCISCO, CA 94109 ASPEN, CO 81611 Etiquettes faciles & peler 1 A Repliez & la hachure afin de t www.avery.com 1 Utilisez le qabarit AVERYÂ® 5160Â® I rhirrfornont rdvdler le rebord Pop-upMC i 1-800-GO-AVERY 1 e Sens de RECEIVED OCT 2 8 7011 U I Y OF ASPEN :OMMUNITY DEVELOPMEN1 Easy PeelÂ® Labels ! IZZLI Bend along Yine to ~ AVERYÂ® 5160Â® 9 bse AvefyÂ® Template 5160Â® Feed Paper expose Pop-up EdgeTM A BAXTER GIRLS LLC BEALS ROBERT BRITVEN CAROLYN & THOMAS 533 E HOPKINS AVE 3RD FL PO BOX 6216 11711 COUNTRY WY ASPEN, CO 81611 MACON, GA 31208 HOUSTON, TX 77024 CARR RICHARD & JENNIFER CASE JULIE KENNER CHRISTENSEN ROBERT M & CANDICE L 1285 MOUNTAIN VIEW DR 1265 MOUNTAIN VIEW DR 1240 MOUNTAIN VIEW DR ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 DAVIDSON ARIAIL SCOTT ELKINS JOHN R ERDMAN CINDA W & DONNELLEY PO BOX 5141 PO BOX 12288 1270 MOUNTAIN VIEW DR ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611 FREY JOHN L GEORGE DANIEL R DR GUBSER MARGARET B 1295 RED BUTTE DR 630 E HYMAN AVE STE 22 1227 MOUNTAIN VIEW DR ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 HOUTSMA BOBBI ANN JOHNSON PETER C & SANDRA K LATTA HELEN S CONDUIT TRUST 1278 SNOWBUNNY LN #2 51 OVERLOOK DR 28 LA CUMBRE CIR ASPEN, CO 81611 ASPEN, CO 81611-1008 SANTA BARBARA, CA 93105-4442 LICHTENWALTER GARY R TRST 50Â°/0 MAPLE MICHAEL C & JULIE MELVILLE FAMILY TRUST 1265 RED BUTTE DR 1250 MTN VIEW DR 1290 SNOWBUNNY LN ASPEN, CO 81611-1083 ASPEN, CO 81611 ASPEN, CO 81611 MESSIAH EVANGELICAL LUTHERAN PENINSULA LLC MELVILLE GRAIG W & TERESA M LEE CHURCH C/O STEVENS BRIAN M 1286 SNOWBUNNY LN 1235 MTN VIEW DR 700 W FRANCIS ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 PORTER JOE ALLEN & MARGARET A RED BUTTE 1235 LLC RED BUTTE CEMETERY 1270 SNOWBUNNY LN PO BOX 296 PO BOX 194 ASPEN, CO 81611 WOODY CREEK, CO 81656 ASPEN, CO 81611 ROSEN JACQUELINE S RUNGE CLIFFORD R REV TRUST SAH TRUST 1285 SNOWBUNNY LN PO BOX 11658 450 PLYMOUTH RD #305 ASPEN, CO 81611 ASPEN, CO 81612 PLYMOUTH MEETING, PA 19462 SCHEFLERARNO D SHAW RICHARD W & SARAH C SPIRITAS A/K 1991 TRUST PO BOX 1005 1220 MOUNTAIN VIEW DR 2900 N FITZHUGH #200 ASPEN, CO 81612 ASPEN, CO 81611 DALLAS, TX 75204-3204 Etiquettes faciles & peler Repliez & la hachure afin de t www.avery.com 1 Utilisez le aabarit AVERYÂ® 5160Â® , ..6............... ravuler le rebord Pop-upâ€¢C 2 1-800-GO-AVERY 1 Sens de i RECEIVED OCT 2 8 ?011 Gil Y Ur ASPEN COMMUNITY DEVELOPMENI . AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: /24%-- P/(A,L--~~LÂ·Â·Â·-- /~2-Â·c,t) , Aspen, CO SCHEDULED PUBLIC HEARING DATE: -'iLÂ» NOV I E â‚¬ 4: 30 Â£'n ,20 ( I STATE OF COLORADO ) ) SS. County of Pitkin ) I, 55- (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 , 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 o f 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) 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 ofNotice" was acknowledged before me this 1 day of /42 4 , 2016 by 94-Â»=1 -cle Que,Â·.-c,-/1 WITNESS MY HAND AND OFFICIAL SEAL MK commission expires: 3--2.1 -70 L i i ' , TA 4 . ica %4Â» 9. 0 .A <r Votary Public My Comission Expires 03/29/2014 ATTACHMENTS AS APPLICABLE: * COPY OF THE PUBLICATION * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 PUBLIC -NQ TICE RE:1 145 MOUNTAIN VIEW DRIVE. RESIDENTIAL DESIGN STANDARD VARIANCE LAND USE REQUEST NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, November 15,2011. at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., As- pen, to consider an application submitted by Michael and Cathy Tierney, 1245 Mountain View Drive, Aspen, CO 81611, represented by Peter LaMorte, The applicants are requesting the follow- ing development approval: a variance from resi- dential design standards which requires a stan- dam door height. The property is legally described as: Subdivision WEST MEADOW Block. 2 Lot: 8, City Aspen, County of Pitkin, Colorado, 81611. For further information, contact Claude Salter at the City of Aspen Community Development Depart- ment, 130 S. Galena St., Aspen, CO, (970) 429.2752, claudesatter:*ci.aspen.co.us s/Stan Gibbs, Chair Aspen Planning and Zoning Commission Published in the Aspen Times Weekly on October 30, 2011 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2759 DATE: 10.6.2011 PROJECT: 1245 Mountain View Drive REPRESENTATIVE: Peter LaMorte OWNER: Michael and Cathy Tierney REQUEST: Residential Design Standard (RDS) Variance, door height DESCRIPTION: The prospective applicant is preparing to submit an application for a residential design variance. The contractor has installed a custom door (not to approved plan) that is taller the permitted height within the Residential Design Standards. The standard requires a street facing door to be no taller than eight (8) feet in height (Subsection 26.410.040 (D)(1)(a)). The applicant is requesting a variance from this RDS so that the door may remain. Staff has determined that this review cannot be handled administratively and requires a Planning and Zoning Commission (P&Z) review. P&Z is a public hearing and will require noticing. The following two criteria are used in determining the appropriateness of a variance: 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. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: P; ED ://7/V/99. as Den O h n . com/Ed fs/deots/2 1 /!a rid us Â·e.? c c frer-- . od f Land Use Code: hÂ·4-7 7% ~ /. ~ A y,Ai,ww Â·~ :c r .2,1 n itt, in ,-Â·r,,n /Tio n a r"rin c r,+0 iÂ» Arm *,lin iÂ·$. 3- inc 4 ,,cl n en rmo n, /D lanninr,-a nrl - 7~m ninri /Ti+Ir=_02 - 4.-# I'' :,Ii/4.Â»:/V -I -,-''â€¢â€¢Iâ€¢11.-I....â€¢2,L-W-lkÂ·/I'-'-'' W -'I..' -.I':44''-'d@'- f i..-:-54--ir~-1,#,4 .-,i''IK'./ .-â‚¬'4~ 6.- â€¢#.tio'':.'f 1,'.6â€ž/-/.- Land-Use-Code/ Relevant Land Use Code Section(s): 26.306 Common Development Review Procedures 26.410 Residential Design Standards 26.410.040.D.1.a. (door height) Review by: Community Development for staff recommendation. Planning and Zoning Commission shall be the final review authority. Public Hearing: Required (15 days in advance to public hearing) Planning Fees: $1,470. This includes six (6) hours of staff time. Additional staff hours, if needed, will be billed at $245 per hour. (Fees increase on November 1, 2011) 1245 Mountain View Drive PID: 273501309018 ASLU - Residential Design Standards Variance 08 44->*stu c <c-p n hy - ATTACHMENT 2 -LAND USE APPLICATION 'ROJECT: OCT 07.41 - i. -1: Name: i ierneâ€¢ 1 Re<Â£\ den c-L 304?,1,9,Tv --' - Â° DMENi Location: CAL\,5 (Ant,ntpknl ),e~.,Dr. 16Â¥ 5,13\Ock.2 j (Oed- If'to adou,Sabdiâ€ž;sion (Indicate street address, lot & block Amber, legal description where appropriate) Parcel ID # (REQUIRED) 11 35 0,3 09 0 11 APPLICANT: Name: (X\, dr~ el -D er n ei I Address: BAS Moun-*tn 0 aa Dr. Â¢4:>~A . Co t\6~ 1 Phone #: 910-9&6-@a31 REPRESENTATIVE: Name: BA er kaM,arle ~ 1-rli~:>rte 01&- Co,np 6-1 ,|-_tr,aze-<1 Address: 04-1-7 kidnes 65Â¥_ Al. Car bmi rtale , C.Â£) EIGJ.3 Phone #: 110-9(Â» Ellu Â·Â· 241/9-Xeo,/ TYPE OF APPLICATION: (please check all that apply): GMQS Exemption E Conceptual PUD 2 Temporary Use GMQS Allotment 2 Final PUD (& PUD Amendment) D Text/Map Amendment Special Review U Subdivision D Conceptual SPA ESA - 8040 Greenline, Stream U Subdivision Exemption (includes O Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendrnent) Mountain View Plane U Commercial Design Review E Lot Split 2 Small Lodge Conversion/ Expansion '~ Residential Design Variance D Lot Line Adjustment O Other: U Conditional Use EXISTING CONDITIONS: (description ofexisting buildings, uses. previous approvals, etc.) -FAnt clon,- ryâ‚¬ coca Rnce. 13 9 inc-hes +0 I IL,- thon 4-he. 7> Got_ 1-,calka,j sÂ¥RacyÂ· cl PROPOSAL: (description of proposed buildings, uses, modifications, etc.) P A-cely flr Re<.let â€ž:ti at ~e51 9,~SteÂ·Jorct l)Glri *câ€¢. 11 P Have you attached the following? FEES DUE: S &470.00 1 3 Pre-Application Conference Summary 2 Attachment #1, Signed Fee Agreement 49- 323486 2 J Response to Attachment #3, Dimensional Requirements Form 3 Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 3 3 -D Model for large project All plans thal are larger than 8.5" X 11" must be folded. A disk with an electric copy of a[1 written text Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an Iectronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. 00Â£0 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY)and fr\'t c.haâ€¢e-l -~l #rn e;-1 RArri'Frl (hereinafter APPLICANT) AGREE AS FOLLOWS: OCT 0 7 2011 1. APPLICANT has submitted to CITY an application for ~A (4,3 mn Mt*:A O.'CUJ Ibr:ae- . CIT ' 0.- ASPEN (hereinafter, THE PROJECT). COMMUNITY DEVELOPMENT 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. s. 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 biI]ings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration gf the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 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 ofthe 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 funher agrees that failure to pay such accrued costs shall be grounds for suspensionrf 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: l ~ 04 P -7 Â« Chris Bendon Community Development Director Date: 1 0 Ill- 1 4 . 1 Billing Address and Telephone Number: Larnart' anre r,nepo,n,Uet. 041 -1 11 AA, 6 4Â£ Cd. C.ar Lan Anie , C-n 9<,611 410 -9. 5- /116 Vy r.j October 6, 2011 City Of Aspen The Planning and Zoning Commission 130 Galena Street Aspen, Colorado 81611 LaMorte and Company Limited has constructed a Residence for Michael Tierney at 1245 Mountain - View Drive in Aspen, Colorado. The legal description is 1245 Mountain View Drive, Lot 8, Block 2, West Meadow Subdivision. The construction documents and approved plans clearly show the Front Door to be 8 feet tall and 4 feet wide. The window that sit 1 14" to the east side of the door had a head height of 8' -9 14". My concern g was that the Head jam, if built as drawn, would impose a tremendous amount of force on the 1 14" steel .- post that sits in between the door and window and could possible damage the window. I thought it best to raise the door height to match that of the window. At the time I was unaware that there was a Building Standard that limited the front door to 8 feet. Upon our zoning referral inspection, for our Certificate of Occupancy, the Zoning Officer pointed out the violation and informed us that we would have to remove the door and replace it with one that complies with the Building Standard or apply for a variance. We have chosen the latter, as replacement of the door, re- framing, drywall and siding will cost upwards of $14,000. Upon completion of those tasks I am still not convinced that the door will work properly and cannot be sure it will not damage the window. The front door sits back from the street eighty-three feet. The door material is very similar in color and texture to the surrounding siding. o Thank you for taking the time to consider this variance. I have been in construction in this area for thirty- five years and have held a Contractor's License for the City of Aspen since 1983. This is the first time I r,j have had to ask for a variance on any project. Thanks again and best regards, tÂ«- Peter LaMorte President LaMorte and Company, Limited 44/litilÂ©/1 V-/ h./u / 0477 I joi)5 1 1 Road \ Carbondale. Cc)lei 0-963Â·4 776 \ Fax 970-963- 107 October 6,2011 City of Aspen Community Development Department Planning and Zoning Commission 130 South Galena Street Aspen, Colorado 81611 RE: Tierney Residence 1245 Mountain View Drive Aspen, Colorado I hereby authorize Peter LaMorte 0477 Lions Ridge Rd. Carbondale, CO 81623 970-963-1776 to act as my Representative on my behalf: Michael Tierney 1325 Mountain View Drive Aspen, CO 81611 970-925-2231. Signed, , I 1144 9 -702 Michael Tiern4 iÂ® Lawyers Title INSURANCE CORPORATION Policy No.: CO0023-82-PCT22538L2-2009.82306-78385792 OWNER'S POLICY OF TITLE INSURANCE Issued by Lawyers Title Insurance Corporation Any notice of claim and any other notice or statement in writing required to be given to the Company under this Polic) must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, LAWYERS TITLE INSURANCE CORPORATION, a Nebraska corporation (the "Company') insures, as of DaÂ·e of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance,sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform trose acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) 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. The term "encroachment" indudes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements iocated on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land: (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a note of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referrec to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, the Company has caused this Policy to be signed with the facsimile signatures of its President and Secretary and seated as required by its By-Laws. LAWYERS TITLE INSURANCE CORPORATION Authorized Signatory Leâ‚¬A * (tgnil At Pj, L- , , Tom Twitchell (i(SEAL@ P,Â·ebideÂ·lit CO0023 PCT22538L2 %. %...... ...e 2171!fs- Pitkin County Title Inc 'Â»3"15*K,/ 601 E Hopkins 3rd Fl SÂ«reu~y Aspen, CO 81611 Tel:(970) 925-1766 Fax:(970) 925-6527 Form 82306 Dbl Cover - ALTA Owner's Policy (06/17/06) Reorder 1190-126Z NJRB 1-15 Effective: 2/15/07 Revised: 9/10/07 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, 3rd Floor ASPEN, COLORADO 81611 970-925-1766 1 970-925-6527 FAX ,-4 r b 1//F B August 10, 2009 0 P T f ' 2011 MICHAEL P. AND CATHY C. TIERNEY 1325 MOUNTAIN VIEW DR. CITY L 4SPEN ASPEN, CO 81611 COMMUNITY I '-VELOPMENT RE: LOT 8, BLK 2, WEST MEADOW -- PCT22538L2 Pitkin County Title, Inc. is pleased to provide you with the owners policy along with the following endorsements relative to the above mentioned file: Endorsement Form Endorsement Form Endorsement Form Endorsement Form Endorsement Form Endorsement Form Please review the policy in its entirety. We at Pitkin County Title, Inc. believe in providing you, our customer, with a quality product which will serve your needs. In the event you do find a discrepancy, or if you have any questions or comments regarding your final policy, please contact us and we will gladly handle any request you may have as efficiently and quickly as possible. We have assigned the above number to your records to assure prompt processing of future title orders involving the property. If you sell or obtain a loan on this property within 5 years, ask your broker or agent to contact our office to ensure re-issue rates which may be available to you. Thank you very much for giving Pitkin County Title, Inc. the opportunity to serve you. Sincerely, Thomas Twitchell TT Enclosures: Original Policy - 52 ..c=: CO SPECIAL WARRANTY DEED THIS DEED is dated ~-'~-Â·Â·Â·July 2009, and is granted : between M. THOMAS GRUMBACHER (the "Grantc RECEPTION#: 561396, 07/28/2009 at MICHAELP. TIERNEYand CATHY C. TIERNEE asjoir 12:02:02 PM. 1 OF 2, R $11.00 DF $325.00 Doc Code whose mailing address is: 1325 Mountain View Drive, Aspen, 81611 (the "Grantees"). SPEC WD Janice K. Vos Caudill, Pitkin County, CO WITNESSETH, that the Grantor, forand inconsideration ofthesum ofThree Million Two Hundred Fifty Thousand and 00/ioo U.S. Dollars ($3,250,000.00) and no other valuable consideration to the Grantor in hand paid by the Grantees, the receipt and sufficiency of which is hereby acknowledged, has sold and conveyed, andbythese presentsdoesselland conveytothe Grantee, all thelegal propertysituate,lying and being in Aspen, Pitkin County, Colorado, described as: Lot 8, Block 2, WEST MEADOW SUBDIVISION, as set forth on the Plat recorded June g, 1958 in Plat Book 2A at Page 245. EXCEPT THE FOLLOWING: Beginning at the south east corner of said Lot 8, thence N 6'30" E 213Â·37 feet along the easterly line of said Lot 8 to the NE corner of said Lot 8, thence N 83'30'W 6.00 feet, thence S 6'47'30" W 213Â·59 feet to the south line of said Lot 8, thence S 85Â°15'E 7.07 feet along the south line of said Lot 8 to the point of beginning. Also known by street address as: 1245 Mountain View Drive, Aspen, Colorado 81611. AND, EXCEPT AS HEREINAFTER STATED, together with all and singular the herzditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the Grantor, either in law or equily, of, in and to the above bargained premises with the hereditaments and appurtenances. TO HAVE AND TO HOLD, the above bargained premises and described with the appdrtenances, unto the Grantee, his heirs, successors and assigns forever, free and clear of allliens and encumbrances except: taxes for 2009 which are not yet due or payable; and right of the proprietor of a rein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in the United States Patent dated July 27,1889, and recorddd August 17, 1889, in Book 55 at Page 5, easements for utilities and drainage as set forth in instrumexit recorded in Book 185 at Page 211 and amended by instrument recorded in Book 187 at Page 183, thoke terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Third Amended Declaration of Protective Covenants for West Meadow Subdivision recorded August 18, 1994, in Book 758 at Page 850 and Fourth Amendment recorded October 17, 2008, as Reception No. 553656, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, easemen:s, rights of way and all matters as disclosed on Plat of subject property recorded June 9,1958 in Plat Book 2A at Page 245, easement Agreement between John M. Oakes and Betty D. Oakes and Aspen Metrcpolitan Sanitation District recorded July 9, 1970 in Book 249 at Page 347, terms, conditions, provisions and obligations as set forth in West Meadow Subdivision Homeowner's Association Architectural Control Committee recorded November 11,2005, as Reception No. 517375, and, easements, rights of wi~y and all matters as disclosed on Survey by Sopris Engineering LLC dated Julv 2007, No. 271,56. CITY OF AOPEN 4 + iÂ·42 :-Cl: 47821(' PAID HiaETT PAID DATE FTEr NO. DATE REP NO. 7 *01 unÂ·*- 3 576 5 OR~ 9* 3 5761 Owner's Policy of Title Insurance - Schedule A Issued by ~â„¢ INSURANCE CORPORATION Lawyers Title Lawyers Title Insurance Corporation 5600 Cox Road Glen Allen, Virginia 23060 File No.: PCT22538L2 Policy No.: 82306-78385792 Address Reference: 1245 MOUNTAIN VIEW DRIVE, ASPEN, CO 81611 Amount of Insurance: $3,250,000.00 Premium: $ 2,836.00 Date of Policy: July 28, 2009 @ 12:03 PM 1. Name of Insured: MICHAEL P. TIERNEY AND CATHY C. TIERNEY 2. The estate or interest in the Land that is insured by this policy is: IN FEE SIMPLE 3. Title is vested in: MICHAEL P. TIERNEY AND CATHY C. TIERNEY 4. The Land referred to in this policy is situated in the County of PITKIN, State of Colorado and is described as follows: LOT 8, BLOCK 2, WEST MEADOW SUBDIVISION, as set forth on the plat recorded June 9,1958 in Plat Book 2A at Page 245 as Reception No. 106400. EXCEPT THE FOLLOWING: Beginning at the South East corner of said Lot 8, thence N 6Â°30" E 213.37 feet along the Easterly line of said Lot 8 to the NE Corner of said Lot 8, thence N 83Â°30' W 6.00 feet; thence S 6Â°47'30" W 213.59 feet to the South line of said Lot 8; thence S 85Â°15' E 7.07 feet along the South line of said Lot 8 to the Point of Beginning. Countersigned: 4 4Â»-h Authorized officer or agent ALTA Owner's Policy Schedule A (Rev 6/06) Form 1190-134L SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT22538L2 July 28, 2009 @ 12:03 PM 82306-78385792 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLL~\WING: 1. Any facts, rights, interests, or claims which are not shown by the public records but which coup be ascertained by an inspection of the land or which may be asserted by persons in possession, ~or claiming to be in possession, thereof. 2. Easements, liens, encumbrances, or claims thereof, which are not shown by the public record|s 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 that is not sho*n by the public records. 4. Any lien, or right to a lien, imposed by law for services, labor, or material heretofore or hereaftpr furnished, which lien, or right to a lien, is not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing ~he issuance thereof; (c) Indian treaty or aboriginal rights, including but not limited to, easements or equitat~le servitudes; or, (d) water rights, claims or title to water(see additional information page regarding water rights), whether or not the matters excepted under (a), (b), (c) or (d) are shown for the public records. 6. Taxes or assessments which are not now payable or which are not shown as existing liens 4 the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such i proceedings, whether or not shown by the records of such agency or by the public records 7. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal or other utilities unless shown as an existing lien by the public records. SPECIAL EXCEPTIONS: 8. Taxes and assessments (not including condorninium or homeowners association assessments or dues) for the year 2009 and subsequent years only, a lien not yet due and payable. 9. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded in Book 55 at Page 5. 10. Easements for utilities and drainage as set forth in instrument recorded in Book 185 at Page 211 and amended by instrument recorded in Book 187 at Page 183. 11. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and al~ matters as set forth in Third Amended Declaration of Protective Covenants for West Meadow Subdivisiorl recorded August 18,1994 in Book 758 at Page 850 and Fourth Amendment recorded October 17, 2008 as Reception No. 553656, deleting therefrom any restrictions indicating any preference, limitation' or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 12. Easements, rights of way and all matters as disclosed on Plat of subject property recorded June 9, 1958 in Plat Book 2A at Page 245. 13. Easement Agreement between John M. Oakes and Betty D. Oakes and Aspen Metropolitan Sanitation District recorded July 9, 1970 in Book 249 at Page 347. 14. Terms, conditions, provisions and obligations as set forth in West Meadow Subdivision Homeowner's Association Architectural Control Committee recorded November 11, 2005 as Reception No. 517375. 15. Easements, rights of way and all matters as disclosed on Survey by Sopris Engineering LLC, dated July 2007, No. 27156. (Continued) POLICY NO. 82306-78385792 CASE NO. PCT22538L2 SCHEDULE B-OWNERS --EXCEPTIONS--CONTINUED-- EXCEPTIONS NUMBERED 1 THRU 7 ARE HEREBY DELETED, EXCEPT FOR SUBSECTION (d) UNDER PARAGRAPH NUMBER 5 (WATER RIGHTS). EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning; restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5, (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Cia merit and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Tile. 4. Any daim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1 DEFINITION OF TERMS by reason of the Public Records or any other records that impart The following terms when used in this policy mean: constructive notice of matters affecting the Title. (a) "Amount of Insurance-: The amount stated in Schedule A, as may be increased or decreased by endorsement to (g) "Land": The land described in Schedule A, and this policy, increased by Section 8(b), or decreased by Sections 10 NJRB 1-15 Effective: 2/15/07 Revised: 9/10/07 and 11 of these Conditions. affixed improvements that by law constitute real property. The term (b) "Date of Policy": The date designated as "Date of "Land" does not include any property beyond the lines of the area Policy" in Schedule A. described in Schedule A, nor any right, title, inte -est, estate, or (c) "Entity": A corporation, partnership, trust, limited easement in abutting streets, roads, avenues, alleys, lanes, ways, liability company, or other similar legal entity. or waterways, but this does not modify or limit the extent that a right (d) "Insured": The Insured named in Schedule A. of access to and from the Land is insured by this policy. (i) The term "Insured" also includes (h) "Mortgage". Mortgage deed of trcst, trust deed, or (A) successors to the Title of the Insured by other security instrument, including one evidenced by electronic operation of law as distinguished from purchase, including heirs, means authorized by law. devisees, survivors, personal representatives, or next of kin; 0 â€¢Public Records": Records established under state (B) successors to an Insured by dissolution, statutes at Date of Policy for the purpose of imparting constructive merger, consolidation, distribution, or reorganization; notice of matters relating to real property to put-ciasers for value (C) successors to an Insured by its and without Knowledge. With respect to Coverel Risk 5(d), "Public conversion to another kind of Entity; Records" shall also indude environmental protection liens filed in (D) a g rantee of an Insured under a deed the records of the derk of the United States District Court for the delivered without payment of actual valuable consideration district where the Land is located. conveying the Title (i) "Title": The estate or interest described in Schedule (1) if the stock, shares, memberships, A. or other equity interests of the grantee are wholly-owned by the (k) "Unmarketable Title": Title affected by an alleged or named Insured, apparent matter that would permit a prospe=tive purchaser or (2) if the grantee wholly owns the lessee of the Title or lender on the Title to be released from the named Insured, obligation to purchase, lease, or lend if there is a contractual (3) if the grantee is wholly-owned by condition requiring the delivery of marketable title. an affiliated Entity of the named Insured, provided the affiliated 2. CONTINUATION OF INSURANCE Entity and the named Insured are both whollrowned by the same The coverage of this policy shall continue in firce as of Date of person or Entity, or Policy in favor of an Insured, but only so long as the Insured retains (4) if the grantee is a trustee or an estate or interest in the Land, or holds an obligation secured by a beneficiary of a trust created by a written instrument established by purchase money Mortgage given by a purchaser from the Insured, the Insured named in Schedule A for estate planning purposes. or only so long as the Insured shall have liability by reason of (ii) With regard to (A), (B), (C), and (D) reserving, warranties in any transfer or conveyance of the Title. This policy however, all rights and defenses as to any successor that the shall not continue in force in favor of any purchaser from the Company would have had against any predecessor Insured. Insured of either (i) an estate or interest in tbe Land, or (ii) an (e) "Insured Claimant": An Insured claiming loss or obligation secured by a purchase money Mortgage given to the damage. Insured. (f) "Knowledge" or "Known": Actual knowledge, not 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT constructive knowledge or notice that may be imputed to an Insured The Insured shall notify the Company promptly i i writing (i) in case Form 82306 Dbl Cover - ALTA Owners Policy (06/17/06) Reorder 1190-126Z NJRB 1-15 Effedive: 2/15'07 Revised: 9/10/07 of any litigation as set forth in Section 5(a) of these Conditions, (ii) mails, disks, tapes, and videos whether bearing a date before or in case Knowledge shall come to an Insured hereunder of any daim after Date of Policy, that reasonably pertain to the loss or damage. of title or interest that is adverse to the Title, as insured, and that Further, if requested by any authorized representative of the might cause loss or damage for which the Company may be liable Company, the Insured Claimant shall grant its permission, in writing, by virtue of this policy, or (iii) if the Title, as insured, is rejected as for any authorized representative of the Company to examine, Unmarketable Title. If the Company is prejudiced by the failure of inspect, and copy all of these records in the custody or control of a the Insured Claimant to provide prompt notice, the Company's third party that reasonably pertain to the loss or damage. All liability to the Insured Claimant under the policy shall be reduced to information designated as confidential by tte Insured Claimant the extent of the prejudice. provided to the Company pursuant to this Section shall not be 4. PROOF OF LOSS disclosed to others unless, in the reasonable judgment of the In the event the Company is unable to determine the amount of loss Company, it is necessary in the administration of the claim. Failure or damage, the Company may, at its option, require as a condition of the insured Claimant to submit for examination under oath, of payment that the Insured Claimant furnish a signed proof of loss. produce any reasonably requested information or grant permission The proof of loss must describe the defect, lien, encumbrance, or to secure reasonably necessary information from third parties as other matter insured against by this policy that constitutes the basis required in this subsection, unless prohibited by law or of loss or damage and shall state, to the extent possible, the basis governmental regulation, shall terminate any liability of the of calculating the amount of the loss or damage. Company under this policy as to that claim. 5. DEFENSE AND PROSECUTION OF ACTIONS 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; (a) Upon written request by the Insured, and subject to TERMINATION OF LIABILITY the options contained in Section 7 of these Conditions, the In case of a claim under this policy, the Company shall have the Company, at its own cost and without unreasonable delay, shall following additional options: provide for the defense of an insured in litigation in which any third (a) To Pay or Tender Payment of the Amount of party asserts a claim covered by this policy adverse to the Insured. Insurance. This obligation is limited to only those stated causes of action To pay or tender payment of the Amount of Insurance under this alleging matters insured against by this policy. The Company shall policy together with any costs, attorneys' f ms, and expenses have the right to select counsel of its choice (subject to the right of incurred by the Insured Claimant that were authorized by the the Insured to object for reasonable cause) to represent the Insured Company up to the time of payment or tender of payment and that as to those stated causes of action. It shall not be liable for and will the Company is obligated to pay. not pay the fees of any other counsel. The Company will not pay Upon the exercise by the Company of this option, all liability and any fees, costs, or expenses incurred by the Insured in the defense obligations of the Company to the Insured under this policy, other of those causes of action that allege matters not insured against by than to make the payment required in thi: subsection, shall this policy. terminate, including any liability or obligation to defend, prosecute, (b) The Company shall have the right, in addition to the or continue any litigation. options contained in Section 7 of these Conditions, at its own cost, (b) To Pay or Otherwise Settle With Parties Other Than to institute and prosecute any action or proceeding or to do any the Insured or With the Insured Claimant. other act that in its opinion may be necessar'y or desirable to (i) To pay or otherwise settle with other parties for or establish the Title, as insured, or to prevent or reduce loss or in the name of an Insured Claimant any claim insured against under damage to the Insured. The Company may take any appropriate this policy. In addition, the Company will pay any costs, attorneys' action under the terms of this policy, whether or not it shall be liable fees, and expenses incurred by the Insured Claimant that were to the Insured. The exercise of these rights shall not be an authorized by the Company up to the time of payment and that the admission of liability or waiver of any provision of this policy. If the Company is obligated to pay; or Company exercises its rights under this subsection, it must do so (ii) To pay or otherwise settle with the Insured diligently. Claimant the loss or damage provided for under this policy, together (c) Whenever the Company brings an action or asserts with any costs, attorneys' fees, and expenses incurred by the a defense as required or permitted by this policy, the Company may Insured Claimant that were authorized by the Company up to the pursue the litigation to a final determination by a court of competent time of payment and that the Company is obligated to pay. jurisdiction, and it expressly reserves the right, in its sole discretion, Upon the exercise by the Company of either of the options provided to appeal any adverse judgment or order. for in subsections (b)(i) or (ii), the Company's obligations to the 6. DUTY OF INSURED CLAIMANT TO COOPERATE Insured under this policy for the daimed loss or damage, other than (a) In all cases where this policy permits or requires the the payments required to be made, shall term nate, including any Company to prosecute or provide for the defense of any action or liability or obligation to defend, prosecute, or continue any litigation. proceedjng and any appeals, the Insured shall secure to the 8. DETERMINATION AND EXTENT OF LIABILITY Company the right to so prosecute or provide defense in the action This policy is a contract of indemnity against actual monetary loss or proceeding, including the right to use, at its option, the name of or damage sustained or incurred by the Insurec Claimant who has the Insured for this purpose. Whenever requested by the Company, suffered loss or damage by reason of matters insured against by the Insured, at the Company's expense, shall give the Company all this policy. reasonable aid (i) in securing evidence, obtaining witnesses, (a) The extent of liability of the Company for loss or prosecuting or defending the action or proceeding, or effecting damage under this policy shall not exceed the lesser of settlement, and (ii) in any other lawful act that in the opinion of the (i) the Amount of Insurance; or Company may be necessary or desirable to establish the Title or (ii) the difference between the value of the Title as any other matter as insured. If the Company is prejudiced by the insured and the value of the TiUe subject to the -isk insured against failure of the Insured to furnish the required cooperation, the by this policy. Company's obligations to the Insured under the policy shall (b) If the Company pursues its rights under Section 5 of terminate, induding any liability or obligation to defend, prosecute, these Conditions and is unsuccessful in establishing the Title, as or continue any litigation, with regard to the matter or matters insured, requiring such cooperation. (i) the Amount of Insurance shall be increased by (b) The Company may reasonably require the Insured 10%, and Claimant to submit to examination under oath by any authorized (ii) the Insured Claimant shall haie the right to have representative of the Company and to produce for examination, the loss or damage determined either as of the late the claim was inspection, and copying, at such reasonable times and places as made by the Insured Claimant or as of the date it is settled and may be designated by the authorized representative of the paid. Company, all records, in whatever medium maintained, including (c) In addition to the extent of liability under (a) and (b), books, ledgers, checks, memoranda, correspondence, reports, e- the Company will also pay those costs, attorneys' fees, and Form 82306 Dbl Cover - ALTA Owners Policy (06/17/06) Reorder 1190-126Z NJRB 1-15 Effective: 2.'15/07 Revised: 9/10/07 expenses incurred in accordance with Sections 5 and 7 of these $2,000,000 or less shall be arbitrated at the option of either the Conditions. Company or the Insured. All arbitrable matters when the Amount of 9. LIMITATION OF LIABILITY Insurance is in excess of $2,000,000 shall be arbitrated only when (a) If the Company establishes the Title, or removes the agreed to by both the Company and the Insured. Arbitration alleged defect, lien, or encumbrance, or cures the lack of a right of pursuant to this policy and under the Rules shall be binding upon access to or from the Land, or cures the claim of Unmarketable the parties. Judgment upon the award rendered by the Arbitrator(s) Title, all as insured, in a reasonably diligent manner by any method, may be entered in any court of competent jurisdiction. including litigation and the completion of any appeals, it shall have 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE fully performed its obligations with respect to that matter and shall CONTRACT not be liable for any loss or damage caused to the Insured. (a) This policy together with all endorsements, if any, (b) In the event of any litigation, induding litigation by the attached to it by the Company is the entire policy and contract Company or with the Company's consent, the Company shall have between the Insured and the Company. In interpreting any no liability for loss or damage until there has been a ftnal provision of this policy, this policy shall be construed as a whole. determination by a court of competent jurisdiction, and disposition of (b) Any claim of loss or damage that arises out of the all appeals, adverse to the Title, as insured. status of the Title or by any action asserting such daim shall be (c) The Company shall not be liable for loss or damage to restricted to this policy. the Insured for liability voluntarily assumed by the Insured in settling (c) Any amendment of or endorsement to this policy must any claim or suit without the prior written consent of the Company. be in writing and authenticated by an authorized person, or 10. REDUCTION OF INSURANCE; REDUCTION OR expressly incorporated by Schedule A of this policy. TERMINATION OF LIABILITY (d) Each endorsement to this policy issued at any time is All payments under this policy, except payments made for costs, made a part of this policy and is subject to all of its terms and attorneys' fees, and expenses, shall reduce the Amount of provisions. Except as the endorsement expres:ly states, it does not Insurance by the amount of the payment. (i) modify any of the terms and provisions of the policy, (ii) modify 11. LIABILITY NONCUMULATIVE any prior endorsement, (iii) extend the Date of Policy, or Ov) The Amount of insurance shall be reduced by any amount the increase the Amount of Insurance. Company pays under any policy insuring a Mortgage to which 16. SEVERABILITY exception is taken in Schedule B or to which the Insured has In the event any provision of this policy, in whole or in part, is held agreed, assumed, or taken subject, or which is executed by an invalid or unenforceable under applicable law. the policy shall be Insured after Date of Policy and which is a charge or lien on the deemed not to include that provision or such part held to be invalid, Title, and the amount so paid shall be deemed a payment to the but all other provisions shall remain in full force and effect. Insured under this policy. 17. CHOICE OF LAW; FORUM 12. PAYMENT OF LOSS (a) Choice of Law: The Insured acknowledges the When liability and the extent of loss or damage have been definitely Company has underwritten the risks coverec by this policy and fixed in accordance with these Conditions, the payment shall be determined the premium charged therefor in reliance upon the law made within 30 days. affecting interests in real property and applicable to the 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT interpretation, rights, remedies, or enforcement of polides of title (a) Whenever the Company shall have settled and insurance of the jurisdiction where the Land is located. paid a claim under this policy, it shall be subrogated and entitled to Therefore, the court or an arbitrator shall abply the law of the the rights of the Insured Claimant in the Title and all other rights and juMsdiction where the Land is located to detefmine the validity of remedies in respect to the claim that the Insured Claimant has claims against the Title that are adverse to Ithe Insured and to against any person or property, to the extent of the amount of any interpret and enforce the terms of this policy. )n neither case shall loss, costs, attorneys' fees, and expenses paid by the Company. If the court or arbitrator apply its conflicts o~f law principles to requested by the Company, the Insured Claimant shall execute determine the applicable law. documents to evidence the transfer to the Company of these rights (b) Choice of Forum: Any litigation pr other proceeding and remedies. The Insured Claimant shall permit the Company to brought by the Insured against the Company mpst be filed only in a sue, compromise, or settle in the name of the Insured Claimant and state or federal court within the United States of America or its to use the name of the insured Claimant in any transaction or territories having appropriate jurisdiction. litigation involving these rights and remedies. 18. NOTICES, WHERE SENT If a payment on account of a claim does not fully cover the loss of Any notice of daim and any other notice or #tatement in writing the Insured Claimant, the Company shall defer the exerdse of its required to be given to the Company under this Policy must be right to recover until after the Insured Claimant shall have recovered given to the Company at: P.O. Box 45023, Ja sonville, FL 32232- its loss. 5023. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration- Rules of the American Land Title Assodation ("Rules'). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of of relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of insurance is Form 82306 Dbl Cover - ALTA wnefs Policy (06/17/06) Reorder 1190-126Z 9/10/07 NJRB 1-15 Effective: /15/07 Revised: THE CITY oF ASPEN Land Use Application Determination of Completeness Date: October 12,2011 Dear City o f 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 0064.2011.ASLU - 1245 Mountain View Drive. The planner assigned to this case is Claude Salter. O 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: 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 o f the City of Aspen Planner reviewing the land use application. 1~ 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*k You, Â».AÂ«LL Jennifer Phe~#, 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 - No-?C- Commercial E.P.F. 2135-ol -3-09-oig 0064.20 I l. 45Â£-M Elle Edit 8ecord NavigatE Fgm Reports Format Iab BeD ~i@@ * I e -4 ll ~i E â‚¬ j ZE'.1 ill 4 I M 0 21 1 jurnp l ~ 0~io IG~ itilt! #ado.lilij@ 3% 09#Il Routing Status | Feei | Fee SummarY ~ Actions | Attachments 1 Routing History | Valuation | ArchÂ£Eng | Custom Fields |5ub Bermits 4 ) ' ~emt type aslu . Aspen Land Use Permit # 0064.2011.ASLU 1- = ~ lAddress 1245 MOUNTAIN VEW DR Apt/suite State F-1 Zip 81611 Permit Information Â¥ Master permit Routing queue aslu07 Applied 10/1/2011 ' Project Status pending Approved Description RESIDENTIAL DESIGN VARIANCE Issued Cosedfinal ~ ~ Submitted PETER LAMORTE 9631776 clock ~JE~-| Days ~ Expires 10*1 /2012 ~ Submitted Yia ~ Owner Last name TIERNEY First name MICHAEL 1325 MOUNTAIN VW fy,14 .1- . V.,1 1 ASPEN CO 81611 Phone (970) 925-2231 Address Appkant t. 0 Owner is applicant? Â£ Contractor is applicant? Last name TIERNEY Â· First name MICHAEL P 555 E DURANT AVE k Phone () - Cust # 27746 #(6 Address ASPEN CO 81812 tft- Lendef Ity Last name First name 24: Phone ( 1 - Address *41,~~ I AspenGold5 [server] angelas ~iMI 6 of 10 ,:i CAL Ay-2- t 410. O 0 . 016 *- 229 55- ..Ark,hfy 1 G FÂ·G, - 041 . dpcal<- CASC Â¥ 304Â¥ F I seWN >10! r xogicoil sdno,El qell