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HomeMy WebLinkAboutLand Use Case.550 S Galena St.22A-86W*-#V- -1 ' . uv I V 6/JI . U L , J VV-X 4 &" f ~ C€05* ~,%8-6£ da--j j~~ R rt 5 1-131 -1 )1-13 - J ASPEN/PITKIN PLANNING OFFICE ~ 130 South Galena Street ga 4 96°07 Aspen, Colorado 81611 (303) 925-2020 LAND USE APPLICATION FEES City 00113 - 63721 - 47331 - 52100 GMP/CONCEPTUAL - 63722 - 47332 - 52100 GMP/PRELIMINARY - 63723 - 47333 - 52100 GMP/FINAL - 63724 - 47341 - 52100 SUB/CONCEPTUAL - 63725 - 47342 - 52100 SUB/PRELIMINARY - 63726 - 47343 - 52100 SUB/FINAL - 63727 - 47350 - 52100 ALL 2-STEP APPLICATIONS 1-th - 63728 - 47360 - 52100 ALL 1-STEPAPPLICATIONS A U REFERRAL FEES: 00125 - 63730 - 47380 - 52100 ENVIRONMENTAL HEALTH 00123 - 63730 - 47380 - 52100 HOUSING 00115 - 63730 - 47380 - 52100 ENGINEERING Xt. U i SUB-TOTAL &660. Jj County r 00113 - 63711 - 47331 - 52200 GMP/GENERAL - - 63712 - 47332 - 52200 GMP/DETAILED - 63713 - 47333 - 52200 GMP/FINAL - 63714 - 47341 ~ - 52200 SUB/GENERAL - 63715 - 47342 - 52200 SUB/DETAILED - 63716 - 47343 - 52200 SUB/FINAL - 63717 - 47350 - 52200 ALL 2-STEP APPLICATIONS - 63718 - 47360 - 52200 ALL 1-STEP APPLICATIONS REFERRAL FEES: 00125 - 63730 - 47380 - 52200 ENVIRONMENTAL HEALTH 00123 - 63730 - 47380 - 52200 HOUSING 00113 - 63731 - 09000 - 52200 ENVIRONMENTAL COORD. 00113 - 63732 - 09000 - 52200 ENGINEERING SUB-TOTAL PLANNING OFFICE SALES 00113 - 63061 - 09000 - 52200 COUNTY CODE - 63063 - 09000 - 52200 ALMANAC - 63062 - 09000 - 00000 COMP. PLAN - 63066 - 09000 - 00000 COPY FEES - 63069 - 09000 - OTHER 91 -Frl jacuf--tho *926„- -7 3 (70. SUB-TOTAL , L Ree-- »j / TOTAL Name: 42.Ift,in p Address: 711, , V) 14+F ' 41 4 4 (. 9(-3 i r~) 0. lk,)12;~1~ .4 51:kii '..1 'iIi .4 0 9%.e/,n Check # f .1 P #r *- C Additional Billing: # of Hours: - . ,-ASELOAD SUMMARY SHEET City of Aspen DATE RECIC IVED~-6*11~10 4 CAS 2 NO. 22/1 46 DATE RECEIVED idOMPLETE:_~co- 1-7,198(, STAFF: UA n - PROJEC'p tiravi,~1(fj\~Rt,fill\(4 to© nO-fil'ill P l,1(,f ) tfft°4 i APPLICANT: 03) 4 tjifel) il +6114/ * f ''1 1 . j , I ' ! Applicant Add~ss~<phon¢:_Al & 1.1.-0/101.2 7 4,4 20. C (:01)~4·.~f) Aj//fic);i /04· 6/Af,3.·3- REPRES ENTAT 1.VE:--J J~t,~f.,]'*.4,1; .-t~; 612,~Of)/>W .j, 0-7/:CK))9564- 41 2.LEL//„ 1 Representative Address/Phone: --01}fi~ -L-1 bl :29 0- j 1/V)(31)7 -1 (73 %3,ltv '- 01 Type of Application: (.9-:354· / I. GMP/Subdivision/PUD 1. Conceptual Submission 20 $2,730.00 2. Preliminary Plat 12 1,640.00 3. Final Plat 6 820.00 II. Subdivision/PUD 1. Conceptual Submission 14 81,900.00 2. Preliminary Plat 9 1,220.00 3. Final Plat 6 820.00 III. All "Two Step" Applications 11 91,490.0(1 . 7 22 9 2. t,L 01<· 214 \ IV. All "One Step" Applications ~ 5 $ 6-80--00-- Ut, ) Lt V. Referral Fees - Environmental Health, Housing Office 1. Minor Applications 2 6 50.00 2. Major Applications 5 $ 125.00 Referral Fees- Engineering Minor Applications v/~ 80.00 - Major Applications 200.00 ~ CC MEETING DATE: ~- 1.-1 3-"2 E[lu-L.I-G-41,~EAR ING r YES ~ DATE REFERRED: 9ge (_IN IT 1-AL,~§4 ~1-7~86 0 1 , \j REFERRALS: _~- City Att. y - Aspen Consol. S.D. - School District U City Engineer __ Mtin. Bell -- Rocky Mt n. Nat. Gas Housing Dir. Parks Dept. -___ State liwy Dept (Glemid) . Aspen Water _ Holy Cross Electric _- Stat·eliwy Dept (Gr.Jtn) City Electric ____ Fire Marshall - Bldg: Zoning,/Inspectn Envir. Ill th. _ Fire Chief _ Oth er: Roaring Fork Transit ~ Roaring Fork Energy Center 4 0 FINAL ROUTING: DATE ROUTED: --7 /24-6 INITIAL:pf---' V __0~- City ALLY __24 ity Engineer __._.~<~3 u il di rig Dept. Other: Other: . A \ jn ez U j Y ... :t. e TRAIL EASEMENT AND RIGHT-OF-WAY THIS GRANT OF EASEMENT, made and entered into this 29 day of - \ AUC Mi< , 1989, by WILLIAM YARBROUGH, as owner Lot 5 the Tipple Woods Subdivision, City of Aspen, Pitkin County, Colorado (hereafter referred to as "Grantor" and THE CITY OF ASPEN, a home rule municipal corporation, Pitkin County, Colorado (hereafter "Grantee"). WITNESSETH WHEREAS, Grantor is the owners of certain real property being Lot 5, Tipple Woods Subdivision to the City of Aspen, Colorado, as recorded with the Pitkin County Clerk and Recorder, Aspen, Pitkin County, Colorado, Ditch Book 2a, Page 250. WHEREAS, the Grantor are conveying to Grantee a perpet- ual and non-exclusive ski trail easement and right-of-way over and across that part of said real property described below under certain terms and conditions hereafter enumerated; and, WHEREAS, the Grantee is desirous of accepting said easement and right-of-way under the terms, conditions and agreements hereby specified; NOW THEREFORE, in consideration of the covenants contained herein, the sufficiency of which is hereby acknowledged, it is agreed as follows: . I I. DESCRIPTION Grantor hereby grants and conveys to Grantee, its successors and assigns forever, the following described perpetual and non- exclusive ski trail easement and trail right-of-way: a strip of land generally ten (10) feet in width, as more particularly described in Exhibit "Al', as annexed hereto and incorporated herein. II USE The trail easement and right-of-way shall be for use by downhill and cross-country skiers only and shall be utilized only from November 1 to May 1, 1987 and in successive years. Other than November 1 to May 1, Grantor may deny any entity the use of the aforementioned property. III MOTOR VEHICLES The use of motorized vehicles, including but not limited to, four wheel drive vehicles, snowmobiles (other than emergency equipment), motorcycles, and camping and campfires is prohibited. IV COMMERCIAL USE The ski trail easement and right-of-way shall not be used for commercial purposes or any other use not specifically permitted herein. Grantor shall promptly notify, in writing, Grantee of any apparent commercial use of the that portion of the ski trail easement and right-of-way crossing Grantor's property. Grantee, upon such written notification, shall take immediate steps to prevent further commercial use of the ski trail easement and right-of-way crossing Grantor's property. In the event Grantee fails to reasonably enforce the rules and regulations prohibiting the commercial use of the ski trail easement and right-of-way crossing Grantor's property, Grantor may, upon thirty (30) days written notice to Grantee, close that portion of the ski trail and right-of-way that crosses Grantor's property pending a reasonable resolution to the dispute. V ACCESS Grantor expressly retain the right to traverse said ski trail easement and right-of-way with foot-traffic along that portion of the ski trail easement and right-of-way which must co- exist with the entrance to Grantor's property for the purpose of accessing the property encumbered hereby. Further, Grantor may, at their sole election, place shrubbery and or trees in those areas depicted in Exhibit "A", as protection for foot traffic crossing the easement in order to access Grantor's residence. VI OBSTRUCTIONS Grantor agree not to obstruct, impede or interfere with said ski trail easement and right-of-way during the specified period of use, and Grantee agrees not to interfere with the rights of Grantor for ingress and egress to the property encumbered hereby. Grantor may, at their election, deposit snow on and along the ski trail and right-of-way without constituting an obstruction or interference with the ski trail and right-of-way. Grantor expressly agrees not to shovel, remove or otherwise interfere the snow required by skiers to utilize said ski trail easement and right-of-way. Further, Grantor, may place a flagstone walkway upon and across said ski trail easement and right-of-way; providing however, that the entire section of flagstone walkway within the ski trail easement and right-of-way be covered with a plastic mat of type and quality satisfying the Engineering Department of the City of Aspen, which protects skiers from contacting said flagstone surface. The Engineering Department shall not be unreasonable in approving the plastic mats. Said plastic mat shall be set in place on the flagstone within the ski trail easement and right-of-way by Grantor by December 1, 1987, and by November 20 of each successive year. Further, said mats shall not be removed by Grantor, his agents, employees, or contractors and until May 1 of the following year. VI INDEMNIFICATION The City shall hold Grantor harmless and indemnify them against any and all claims, public or private, liability, losses, expenses, damages or causes of actions, including, but not limited to, all legal fees and damages arising after the commen- cement of the term hereof and any adjudicated claims, decrees or judgments which may be entered therein, suits brought for damages or alleged damages resulting from injury to person or property or the loss of life sustained by the general public in or about the ski trail easement and right-of-way, and from any damage or injury of any kind to Grantor's Property, or for any matter or thing growing out of the use or occupation of the ski trail easement and right-of-way by the general public, or any part thereof, or possession occasioned by the City, its agents, employees or assigns, respectively, or which may be occasioned by any person or thing whatsoever or which may be caused by the operations of the City or any of its agents, in the construction of any improvements on the ski trail easement and right-of-way; however, nothing described herein shall excuse, reduce, or release Grantor, their families, agents, invitees, employees, guests or assigns from negligent, recklessness or deliberate acts, claims, expenses, damages, or causes of action, including legal fees by Grantor, their families, guests, invitees, agents, employees or assigns which result in claims against the City or Grantor. Nothing herein shall be construed to be any type of a waiver or release by the Grantor of any rights or claims Grantor, his assigns, invitees, successors or guests may have against City in event of an injury nar the product of Grantor, his assigns, invitees, successors and guests own act of negligence, reckless- ness or deliberate acts. VII CARE Grantee agrees to use reasonable care in the construction of said ski trail and to avoid damage to the land and improvements . thereto, and further agrees to restore such land and improvements to their condition immediately prior to such construction by appropriate grading, planting and repair. Grantor shall prepare and sod, to the satisfaction of the Engineering Department, all areas within the ski trail easement and right-of-way by June 1, 1988. VIII WHOLE AGREEMENT It is expressly agreed that this Agreement contains the entire understanding of the parties relevant to the subject matter hereof and that there are no verbal or written representa- tions, agreements, warranties or promises pertaining to the subject matter hereof not expressly incorporated in this writing. IX MODIFICATION It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated, amended, superseded, waived or extended except by an appropriate written instrument duly executed and subsequently recorded by all parties. X SEVERABILITY If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable, it shall not affect or impair the validity, legality or enforceability of this Agreement itself or any other provision hereof, and there will be substituted for the affected provision a valid and enforceable provision as , similar as possible to the affected provision which shall, to the maximum extent possible, provide for the intent of the parties as set forth in the original provision. XI TITLE Grantor warrants title to the property encumbered hereby is in the names of Grantor, and further warrants that said title is good and sufficient as against all the world, and covered by a general title insurance policy issued by a local title insurance company. XII NOTICES All notices, communications, or written devices concerning the aforementioned trail easement and right-of-way depicted herein shall be delivered by hand to the party(s) listed below at the respective addresses listed below, or mailed by certified mail, return receipt requested, to the address listed below. Notices become effective upon receipt (against delivery) by the appropriate party when delivered by hand, or upon acceptance of certified mail by the appropriate party or their designated agent. CITY OF ASPEN WILLIAM YARBROUGH c/6 (34'TY A -rie™-e< 4 OFF,LE A PARTMEM-T i 00 1 1 3 0 S , 6 8 L e B A 1 Ot 0 (17,& DER. Aueuum A OP EU CD L. 0 <5/61\ ~C»/ 02- ULL) Hik *A-IC 91%12 XIII RUNNING OF BENEFITS AND BURDENS All provisions of the instrument, including the benefits and burdens, run with the lands owned by the parties herein which are affected hereby, and are binding upon and inure to the assigns and successors of the parties hereto. XIV CANCELLATION OF NOTICE OF TRAIL EASEMENT By their signatures hereon, the Parties agree that certain "Notice of Trail Easement" recorded in Book 488, Page 616 of the records of Pitkin County is cancelled and rescinded, and that document shall be Of no further force and effect whatsoever. IN WITNESS WHEREOF, the parties have hereto set their hands and seals on the date and year shown. CITY OF ASPEN, COLORADO *gok: *1 William L. Stirling, Mayor ATTEST: ~art.u_~6 4- RuLL Kathryn 1. Koch City Cle*k u JL/»- d „ ' 1/ alit/ 1/0 4- v William Yarbrough &7 ATTEST: /137/,41-1 Pt,/9 /7.·c·/0 STATE OF COLORADO ) CLE:i,<~-0~4- 0//f;J)7 pl»?42.-,2 ) SS. 44dz, 73 16,14470 2,4 /1 flopli» +1 k 0 a County of Pitkin ) The foregoing instrument was acknowledged before me this c#/Ck. day of-j··rju, Lic-1.1-, 1920, by William L. Stirling as Mayor and Kathryn S. Kdch as City Clerk of the City of Aspen, Colorado. My commission expires c.j j t (Li, A u r 39 , 1912. Witness my hand and seal. -1-1 10 ·lilllit,te (9/.(111 0.-«£ j Notary Public Exh;6:T A %/ 42/ 0/ toY . 4./ 0/ .0/ l 0 h ~ Avi t / 1 421 417 1 4.44 sc.le:\, i«»'.\\/0\\\> 1.01 5 Lot 4 0 0/ 0~ 3 Story Fr••te- Ho.~$£~~~~~ M I.,Ne.Yes w•Ike,7 '' 4 0 - 14.16:Jes Surve~ 0 Menu A.Mt o k e N 74 0 30'00" W 60.00' ' 41\% 2 EDWARDS & TADDUNE, P.C, ATTORNEYS AT LAW BARRY D. EDWARDS ASPEN PROFESSIONAL BUILDING O/FICES: PAUL J. TADDUNE 600 EAST HOPKINS, SUITE 301 ASPEN. CO 81611 July 9, 1985 I303)925-9180 CITY HALL OFFICES: 130 SOUTH GALINA STREET Martin H. Kahn, Esquire (3031 925-32 47 ASPEN. CO 81611 415 East Hyman, #301 Aspen, CO 81611 Re: City of Aspen/William Yarbrough; notice of trail easement; requested clarification and resolution of dispute Dear Marty: I enclose a copy of the Notice of Trail Easement that the City Clerk and City Engineer signed on June 18, 1985, and is recorded in Book 488, Page 616 and following, Pitkin County, Colorado records. We are, of course, interested in having Dr. Yarbrough sign the trail easement that was forwarded to your office over a year ago, specifically designating the easement. To that end, the City remains willing to discuss with Dr. Yarbrough his proposed flagstone paving and possible realignment of the trail on his property when and if he is willing to address the matter in a more expeditious fashion. In the meantime, this instrument will notify Dr. Yarbrough and the public that the City intends to preserve its rights in the trail easement that he granted in 1979 as a condition to his 80/40 greenline review approval. Very truly yours, EDWAR!2558 TADDUNE;,2-9/0-~ Cl 4- 1 1 - Mod-14 .waras BDE:gms V CC: Jay Hammond, City Engineer Kathryn Koch, City Clerk Encl. f,1-, : y.·r.6rook '3040 8ue,~06. ir .- ff€ VieW (10*30 Aspen/Pit],~i21*1*n,ning Office 19'r™'~3:k·LE'=732>26- 13 0 s%11!Hi*10Ii,Efi*street aspen~*~lam:A10 81611 May 29, 1986 Mr. Michael Thompson Mr. Welton Anderson Hagman-Yaw Architects 210 S. Galena Street Aspen, CO 81611 Dear Michael and Welton: I have reviewed the memo you have submitted to me with respect to an addition to the Yarbrough residence on Lot 5, Tipple Wood Subdivision. It is my conclusion that the activity described in that memo (attached) and in the plan set accompanying your request does not constitute "development" as defined in Section 24-6.2 of the Code. The addition of a 200 square foot master bathroom on the uphill side of an existing residence has no effect whatsoever on any of the criteria of 8040 greenline review. Furtherr your memo demonstrates that were we to review this activity through the greenline review procedurer no public purpose whatever would be servedr and your applicant would be rendered a considerable disservice. Therefore, I authorize you to proceed to building permit review, subject to your agreement to revegetate any disturbed areas of the site immediately upon compl etion of construction in this portion of the site. As we discussed on the phone today, I am unable to sign off on the porch work on the dow nhill side of the building. Since this activity will result in a visible change to the structure, it must be considered by the Planning Commission. It is, therefore necessary for you to submit new drawings for this work only, and a letter addressing the applicable criteria. Due to the minor nature of the work required of our office, you need only submit a check for 2 hours of staff time ($270.00) plus an engineering referral ($80.00) for a total of $350.00. I believe that this is an equitable resolution of this issue and expect that you too will view the situation in this manner. Please let me know if we can otherwise be of assistance. I Sincerely, Alan Richman Planning and Development Director AIt: ne c CC: Jim Wilson Building Official Bill,Drueding, Zoning Official Stev@Burstein, f c -FER-ia-) City Cor il >6 1 bre 6,1 4 3 040 .1; <'Atk,4 ~ed by: 4- R «4:v- V-·. i fnfi FE&*823 i lot3( llc lilll,/Ul,l·th 6- Lau)~ .OD·'011310··c, 1,4-*.m~e·f,-2>ji '/f·f,A,69~ k.k,~ mit,<1'67 · . . /1 - -7 14 W ~-7 09 0 50,U.le J Rto,l» 44,4 Lay,u 14 4 2. i»,1 24-j,p J 4 4 (4*UP«[.tft trit :%..44'~ //2 4 44 Id,le-, el~49 10_-,lu~LL~'., .' , U b d 1. The proposal walkway to be constructed between the entn· .ind tramw ay and within the trail easement shall be gravel a,id - not flagstone. · 2. The three new spruce trees shall be planted on both sides or the north entry and south of the trail easement privt· to -- issuance of any temporary or final Certif icate of OCCUP.1 1147· 0 . ./.1 -1 I 3 4 i,4 141 Fr.>flip.1,1 ¢143,·th<,·if OLLU ¥,2 03-«A' f..,·. 6-4,1 '-+J'-41'.· r-: i.k t.---:i, 2,f Tr i-- i , 11 ill 1 lej,11 4 04 443 11 & 2 j C. 4.1 c.t'£·r. 4 1., 4 p'u,pud :0.:i: c·.i A f.24 6 F 4 J a}.3 j.i nldek j Jjl th &2 l. (,itr-k> 621 thuR 04,4 ''~211( f li J. Li, t.~/j. 1-f,U N i;.9,· 1 1 4 -3-1 1-/ A . . -tel';flar '.1 A lt./4 , u - 1 U id Reviewed By: Aspen rz Up'k,UP-432 0 % (.tl/!,tey/,2.- - City Council 0 '4\\\ E X CEPT ION A L A CCOMMOD ATIONS L, 4 MrrlilitidLI- 11!lililill ·Alill,6 AT THE FOOT OF ASPEN MTN. d y " 121LL-1 1 'n'M, EV"JULM"'.'L \ #19-1 e DUIANT CONDOMINIUM APARTM -E-PiT S 01 July 23, 1986 i~ ~28 1986 I Aspen Planing and Zoning Commission i 130 So. Galena Aspen, CO. 81611 Dear Commission Members, The Durant Condominiums wish to express their strong opposition to any change or impacts to the existing easement right-of-way going from behind the Durant Condominiums to the Ljttle Nell ski slope. It has been our experience that when a request for a 2 foot impact is made, that the end result often takes up significantly more than the original proposed 2 feet. Sincerely, C Ue.,0 2 2 4/1 Dick Moore, President Durant Board of Managers DM: I kn BOX 2108 · ASPEN, COLORADO 81611 (303) 925-7910 - . 1 l I Lot 3 4?/ V !34/ 0/ .0/ 6 2.0 '· 0/ 0.5».1 041/ 0/ 3 / / ~13 * as 064 r 1 i .1-12.AHL . \0\ 7 .// \/\%€<i / -13~, -2 A Lot L' .xedh<VA / , ,>/*Ojy 4 1/ 0 7233?54 -,:4 •- U.4.65 5ouU. *40-vic» ., 9// 4271.~~~PA-v \ ~Ng /4 Fl 44 , €.,2 0 r / 1 8.9, ~ 0 .VE. 0 6.3--t,101 *a:yA.2, ~f)~;~J~ 0 «3 r~ A* 4*//- \\ c., 4 5- r i 4 0 V.. '. \0- 0 6 liA -- 704;§0~- 4~,£04 t /, \4 * 4 / '\%73 > V .e ,-- Zkf-"76-10.30'ec)"kf 6CD.OCy set ¥Aarr i cap Yvia,6 cl (-9.14111/ I hereby certify that on March 12, 1981, a survey was conducted under my direct supervision of Lot 5, Tipple Woods Subdivision, City of As- pen, County of Pitkin, State of Colorado. A three story frame house was found to be on said lot as shown on this plat. The location and dimensions of all buildings, improvements, easements and rights-of-way in evidence or known to me and encroachments by or on the premises are accurately shown. This survey is true and correct to the best of my knowlei;ge and belief. L:' . By: ~,4« ~U„--t€-c---~ S*hley£*incicome L.S. 14111 Ref VI ..0..2 /111~ Iesy' ovence,Lt E>u.*vetj 1 1 1. L Lot 5, 3-4*(e 4/'004<6 Su.6~405€09. [418 14111 : , ' It Els»evi-, Co(orado Vtdbil: Sun.< •f .51' R/-1:*t#B BY LINES IN SPACE f . ..Al. Eflild ~¢.1/,4'j,4~491> SYDNEY LINCICOME ( L.S. 14111) 34 ,-VI. ,·4**10~4,<6-£~9--4- BOX 121 CARBONDALE, COLO. 303-963-3852 321*(04 CL 6 9 8 6 : ; - 23 .3<a¥ck 1981 SCALE:I"= 20' ' C. I -<7- ££33 1515°30'00"97 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Steve Burstein, Planning Office RE: Yarbrough 8040 Greenline Review Parcel ID# 2737-182-73-004 Case No. 022A-86 DATE: J uly 11, 1986 ZONING: R-15/PUD/L LOCATION: Lot 5, Tipple Woods Subdivision, City of Aspen, on Aspen Mountain accessed by tramway and staircase south of Tipple Inn on Galena Street. APPLICANT'S REQUEST: The Applicant requests to build a one story open porch (approximately 200 s.f.) projecting 6 feet from the house and lay a flagstone walk from the top of the tramway to the entry. Three new blue spruce trees would be planted on both sides of the entry. APPLICABLE SECTION OF CODE: The 8040 Greenline Review criteria is stated in Section 24-6.2(b) as quoted in the Applicant's letter attached hereto. BACKGROUND: On August 7, 1979, P&Z approved construction of the Yarbrough residence. One of the conditions of approval was that a trail easement be reserved on Lot 5. In 1982, a fifteen (15) foot perpetual foot trail easement across Lots 4 and 5, Tipple- woods Subdivision and Lot 14, Anthony Acres was recorded in Ditch Book 2A, page 250. PROBLEM DISCUSSION: 1. Referral Comments A. Engineering - In a memorandum from Jim Gibbard dated June 30, 1986, recommendations were made to: (1) replace the proposed flagstone walk with gravel ; ( 2) locate trees so they do not protrude into the trail easement; and (3) realign the trail easement to the north so the proposed structure does not protrude into the trail easement. 2. Staff Comments: The proposed entry would have no visual impacts, as it is located in an area not seen from Galena Street. There will be no significant disturbance of terrain, vegetation, or other natural features from the structure. The only issues of this review appear to be those identified by the Engineering Department, and we agree with their recommendations. RECOMMENDATION: The Planning Office recommends approval of the requested 8040 Greenline Review for construction of a porch attached to the Yarbrough house subject to the following condi- tions: 1. The proposal wal kway to be constructed between the entry and tramway and within the trail easement shall be gravel and not flagstone. 2. The three new spruce trees shall be planted on both sides of the north entry and south of the trail easement prior to issuance of any temporary or final Certif icate of Occupancy . 3. The centerline of the Little Nell Foot Trail Easement shall be moved north approximately three feet so that the center- line of the trail is 7 1/2 feet from the existing tram structure. This realignment shall be recorded with the County Clerk and Recorder's Office prior to issuance of any temporary or final Certificate of Occupancy. SB.3 4~*2029 26 June 1986 HAGMAN YAW ARCHITECTS LTD Alan Richman 210 SOUTH GALENA Planning Director ASPEN, COLORADO 81611 303/925-2867 130 S. Galena Aspen, Co. 81611 Re: Yarbrough Setback Dear Alan: I believe the existing problem with the Yarbrough residence to be quite unique, and I would like this opportunity to communicate the reasons for that belief to you. As nearly as we can determine from City records, the lot was zoned R-15/PUD/L, along with a swath of land from the top of Mill, across Hemmeters lot to Yarbroughs. Several areas around town were zoned in the same manner also, during the period of 1973 - 1975. The people I could locate who were involved at the time, including Bill Kane, Hal Clark and Gideon Kaufman, all indicate that the majority of these areas were zoned in this manner because of steep slopes. No one remembered any specifics about this site, however. It seems odd to us that more of the land surrounding this particular area was not included in the PUD overlay, because a good deal of it is much steeper than the zoned area. But something else could explain this; the area zoned happens to contain a trail much used by all the condominiums south and east of Galena St. for ski-in, ski-out access. The trail had no legal easement on any of the private lands it crossed when my client sought to build his house in 1979. In order to fit a building on his lot and within the side and rear setbacks, even one which was 600 sf less than the allowable F.A.R. and three stories tall, we had to encroach on the ski trail. One of the conditions of 8040 Greenline approval, by P&Z on 7 August 1979, was that the house be pushed up the ~ hill far enough to allow for this trail to continue in its use of my client's land. We then found ourselves with a deck and retaining wall 5 feet into a 10 foot setback. After a long legal offensive by the Durant Condominium Association, the easement finally became a legal entity in 1982. The improvements my client wishes to make to his house are still within the allowable F.A.R. for his site, and the work to the south, or uphill side of the house will not encroach any further into the rear setback than the existing deck and retaining wall already do. It is my opinion that we should be allowed to use the PUD overlay zone to amend the rear setback from 10 feet to 5 feet. 'ir'eli 1111/ Page 2 Since single family homes are exempt from the PUD process, and as a result from the process of amending a PUD Plat, I suggest the setback revision could be handled administratively, in your office. Another possibility is to let P&Z determine, at the 8040 Greenline Review, that the "proposed development meets the objectives of planned unit development and therefore, in compliance with this article (Sec. 24-8.13) is not necessary", and then approve the site plan and setback revision. I appreciate your time and consideration in this matter, Alan; please let me know if there is any further information needed for you to make a decision. Very truly yours, Hagman Yaw Archite€GPLtd. Michael Patrick Thompson AIA Partner cc: Dr. William Yarbrough ig © m 09[2 0 MEMORANDUM 14 . JUL -7 1986 J\\l TO: Steve Burstein, Planning Office FROM: Jim Gibbard, Engineering Department 7 DATE: June 30, 1986 RE: Yarbrough 8040 Greenline Review Parcel ID# 2735-261-00-005 Case No. 022A-86 The Engineering Department has reviewed the submitted application and would like to make the following recommendations: 1. The proposed flagstone walk on the north side of the structure presents a potential hazard to skiers using the trail it crosses and should be replaced with a gravel walk that would have a drainage system similar to that proposed for the flagstone walk. 2. The tree that is proposed for the west side of the north entry should be moved approximately 3 and 1/2 feet to the south so it will not be within the trail easement. 3. The centerline of the Little Nell Foot Trail Easement should be moved further north so that the proposed north entry structure will no longer be within that easement. This realignment should be done at the applicants expense and should be recorded with the county clerk. jg/yarbro cc: Jay Hammmond 1 1 ~ N 74030'00" W 120.00 4 · * N 19°00'29" E i LOT 3 296.98' /0/6, ./WJ 1 4*· 1 j /~0 £--S 57° 40'Il"W 1 \ ,0 / 0 73.88' P LOT 4 -302 / 8 1 0 0 0 CO 0 -1 --S 58°49'41" W - 1 tin ~1.1 1 41.20' 3' LOT 5 S 40°58'or W N 75000'00" W 114.29' 60.00' ~ z 60.00' b 69.47' 10 i N 74*30' 00" W 120.00 0 1 LOT 14 ~-S 28°40'09"W 41.14' (ANTHONY ACRES) < 1--s 10° 34' 39" W 92.17' E. FOOT TRAIL 1~ EASEMENT 0 to 10 1 t %-9 -54 * 44 1* 229.30' 0 , 0 30 60 120 1 0 -41*=i-um 0 / #9 1 3 SCALE: 21 = 60' 0 0 0 V, 1 1 - .1 . . (47.773 / t N 74' 30'00" W 230.82' l S 32° 35' 27" W 116.87' . EXHIBIT LITTLE NELL FOOT TRAIL EASEMENT 154.00' 2600' " W t80.00' N 396.51' ,09 26€ '00"E 1 / : . 1 - 1 / 10 - .1 , 0(<.0..........CO.,DINV/R RECORD OF PROCEEDINGS T Aspen Planning and Zoning Commission - - --'August-7, -1979 - 2 -clar Meeting 1 - Hedstrom felt there were two questions: the use of publlc property in a public zone by a private company and the desirability of the possible affect on the neighborhood. Pardee felt the third question is the loss of use of a structure ·that was built with public funds ,for the public. ~ He suggestdd letting the taxi·company use the stables in ~ the winter when it is, necessary to be near town. Ochs ~ noted they are using two of the four stalls, two horses in Z one stall and one horse and the tack in the other. Hunt ' . R asked if the public would be getting some income from the ' F use. Ochs said they would pay $50/month. Hunt moved to determine the use of the County Stable facili-·1 ties by a horse-driven taxi company within the original :t - conditional use provided that: 1) the stalls be cleared j~ daily of manure and at all times properly maintained to ,; avoid obnoxious odor, 2) that no maintainance or repair of 1 the,horse-driven vehicles be accomplished on-site, 3) main- '! . tain the grounds in a sanitary, litterfree state, 4) the · approval be conditioned on a hearing being held sometime . r in October of this year to review the extent of compliance ~ with the stated conditions and with neighborhood impacts, i 5) no more than two horse-powered vehicles be parked on the ~ property, and 6) the horse-driven taxi company occupy no more than two of the existing stalls, however, are respon- sible for the service maintenance of all four stalls, : Pardee. seconded. All in favor, motion approved, orough Smith noted the P&Z attended a site inspection of the 0 Greenline . property. She added to her list of conditions that the iew applicant comply with the construction techniques and inspection requirements suggested in the letter of Bob Bash · from Lincoln Devore Lab dated August 6, 1979. She also added the trail easement and an escrow for landscaping to the list of conditions. Klar asked if the adjacent property owners were aware of the fire access problem. Smith noted , * some of the adjacent properties were put through the same . . review. There is no notice requirement for this type of application. The Fire Marshal has suggested several modi- fications that will make'firefighting easier which the applicant has agreed to comply with. McDonnell asked who would check to be sure these requirements, such as the,fire cabinet with firefighting. equipment, would be maintained after the approval. Smith said the Fire Marshal makes the inspections. Pardee asked about the liability on the ease- ment. Stock said the liability on the improved trail would lie with the City. : Pardee moved to approve the Yarbrough 8040 Greenline Review subject to the following: 1) the conditions recommended ; by the Fire Marshal that a 2" standpipe be installed between Yarbrough's property and Galena Street as a supplement to the existing fire hydrant on the property immediately to the South; hose and other necessary fire equipment to be stored in a cabinet adjacent to the property, 2) a covenant of indemnity be implemented to absolve the City from any responsibility in the case of fire, 3) a trail easement he reserved along thd existing trail alignment the width of which to be determined by the City Engineer, 4) pursuant to the recommendation of the Aspen Water Department, water hookup is made on the 6" main supplying the Blitz residence. 5) that there be an escrow placed in reserve for landscaping specifically for the replacement of dead trees and any vegetation damaged by construction, 6) the building is con- structed of fire resistant materials ,ond_111-ilt to· one-hour standards, 7) the recommendations for construction and irt- mpuct1O17~1?lade in the August 6, 1979, letter of Lincoln Devore be a condition of approval, McDonnell seconded. -RI[g© INE OIFIRIB MEMORANDUM \ jLL 1, j -7 1986 : 1/ TO: Steve Burstein, Planning Office FROM: Jim Gibbard, Engineering Department ~y - DATE: June 30, 1986 RE: Yarbrough 8040 Greenline Review Parcel ID# 2735-261-00-005 Case No. 022A-86 The Engineering Department has reviewed the submitted application and would like to make the following recommendations: 1. The proposed flagstone walk on the north side of the structure presents a potential hazard to skiers using the trail it crosses and should be replaced with a gravel walk that would have a drainage system similar to that proposed for the flagstone walk. 2. The tree that is proposed for the west side of the north entry should be moved approximately 3 and 1/2 feet to the south so it will not be within the trail easement. 3. The centerline of the Little Nell Foot Trail Easement should be moved further north so that the proposed north entry structure will no longer be within that easement. This realignment should be done at the applicants expense and should be recorded with the county clerk. jg/yarbro cc: Jay Hammmond ¢t44.*Art -48 1{AGMAN YAW ARCHITECTS MEMORANDUM 11 1) 210 SOUTH GALENA TO: Aspen Planning and Zoning Commission ASPEN, COLORADO 81611 303/925-2867 FROM: Michael Thompson, Hagman Yaw Architects DATE: 27 May 1986 RE: 8040 Green line Review - Yarbrough Residence Addition Pursuant to Section 24-6.2 of the Aspen Municipal Code,application is hereby made for 8040 Greenline Review for an addition to the Yarbrough residence located on Lot 5, Tipple Woods Subdivision (directly below the Hemmeter House). Project Description: The addition consists of a new master bathroom of approximately 200 square feet bui!t on the south (uphill) side of the house, on the middle level. It is tucked up against an existing retaining wall and is about 80% undeground. The roof of the addition forms a deck off of the top level. On the North (downhill) side at the lowest level,a one story open porch with a gabled roof will project out 6 feet from the building face to divert snow falling off the north roof above. The distance between the end of the tramway structure and the new porch will be 12 feet and as such will not interfere with the 6 foot ski access path as it is currently aligned. Review Criteria: The effect this mostly underground addition would have on the 9 criteria listed in 24-6.2(b) are as follows: 1. "Whether there exists sufficient water pressure and other other utilities to service the intended development." - One new lavatory and one shower will not affect water pressure. 2. °The existence of adequate roads to insure for fire protection, snow removal and road maintenance." -- No change in intensity of use. 3. "The suitability of the site for development considering the slope, ground instability and possibility of mud flow, rock falls and avalanche dangers;" - Site is already developed. 4. "The affects of the development on the natural watershed, runoff, drainage, soil erosion and consequent effects on water pollution." Drainage and runoff should be improved by moving patio from middle level to roof deck at top level. 5. "The possible effects on air quality in the area and city wide." No effect. 6. "The Design and location of any proposed structure,* roads, driveways or trails and their compatibility with the terrain." No incoinpatibility with terrain. Memo 28 May 1986 Page Two 7. "Whether proposed grading will result in the least disturbance to the terrain, vegetation and natural land features." No effect. 8. "The placement and clustering of structures so as to minimize roads, cutting and grading, and increase the open space and preserve the mountain as a scenic resource." Not applicable. 9. "The reduction of building height and bulk to maintain the open character of the mountain." - No substantial effect. As the applicants representatives, we request that the Planning Director make a determination that this modest addition has such insignificant impact when considered against the Review Criteria listed above that full 8040 Greenline Review be considered in- appropriate and serving no constructive public purpose. Because the backlog of cases to be heard by P&Z is so great that the Applicant's case can not be scheduled until late summer, the delay will cause unnecessary financial hardship. In addition, the General Contractor, who had scheduled his work and transport of materials to coordinate with the regrading of Aspen Mountain finds a three month delay in construction start will make his job much more difficult and costly. Your consideration of this application is appreciated. ASPEN/PITKIN PLANNING OFFIuu 130 S. Galena Street Aspen, Colorado 81611 (303) 925-2020 94 CA.2 34 99 51 N·o»o- Y au RE: 74%:0#-9640 Grzentu'02281243 Dear #Mirka.3 This is to inform you that the Planning Office has completed its preliminary review of your 2640 Gr'Frnt\AL application for complete- ness. We have determined that your application is complete. is not complete. The additional items we will require are as follows: Disclosure of ownership (one copy only needed) . Adjacent property owners list (one copy only needed) . Additional copies of entire application. Authorization by owner for representative to submit application. Response to the attached list of items demonstrat- ing compliance with the applicable policies and regulations of the Code, or other specified materials. A check in the amount of $ is due. ~l- _ A. Since your application i_s complete, we have scheduled it for review by the 071 n.nn)na CRYMMyl.\*St•,\ on 31(,4 22- 11810 We will be calling you if<Ue need any additioridl information prior to that date. In any case, we will be calling you several days prior to your hearing to make a copy of the review memorandum available to you. Pl ea se note that it (is) (is not) your responsibility to post your property with a sign, which we can provide you. B. Since your application is incomplete, we have not scheduled it for public review at this time. When we have received the materials we have requested, we will be happy to place you on the next available agenda. Please feel free to call ~t?10)1.. '~uy:+El n , who is the planner assigned to this case, if you have any questions. Sincerely, ASPEN/PITKIN PLANNING OFFICE OULL» 4 (4»-122- Alan Richman, Plannbhg and Development Director AR:jlr MEMORANDUM TO: City Attorney City Engineer FROM: Steve Burstein, Planning Office RE: Yarbrough 8040 Greeline Review Parcel II}t--BW@.6,26'i-06*925 Case No. 022A-86 DATE: June 17, 1986 Attached for your review is an application submitted by Dr. William Yarbrough, requesting 8040 Greenline Review for the purpose of an approximately 200 s.f. addition to an existing home located on Lot 5, Tipple Woods Subdivision (directly belag the Hemmeter House). Please review this application and return your referral comments to the Planning Office no later than July 2, 1986. Thank you. M.4 r ~///-3 4 04 / 1-- 9 ~~ --)11;U4*=* - 4 -Imma liAGMAN YAW ARCHITECTS MEMORANDUM LID 210.SOUT[i GALENA TO: Aspen Planning and Zoning Commission r ASPEN, COLORADO 81611 303/925-2867 FROM: Michael Thompson, Hagman Yaw Architects DATE: 27 May 1986 RE: 8040 Green line Review - Yarbrough Residence Addition Pursuant to Section 24-6.2 of the Aspen Municipal Code,application is hereby made for 8040 Greenline Review for an addition to the Yarbrough residence located on Lot 5, Tipple Woods Subdivision (directly below the Hemmeter House). Project Description: The addition consists of a new master bathroom of approximately 200 square feet built on the south (uphill) side of the house, on the middle level. It is tucked up against an existing retaining wall and is about 80% undeground. The roof of the addition forms a deck off of the top level. On the North (downhill) side at the lowest level,a one story open porch with a gabled roof will project out 6 feet from the building face to divert snow falling off the north roof above. The distance between the end of the tramway structure and the new porch will be 12 feet and as such will not interfere with the 6 foot ski access path as it is currently aligned. Review Criteria: The effect this mostly underground addition would have on the 9 criteria listed in 24-6.2(b) are as follows: 1. "Whether there exists sufficient water pressure and other other utilities to service the intended development." - One new lavatory and one shower will not affect water pressure. 2. "The existence of adequate roads to insure for fire protection, snow removal and road maintenance. " - 4 No change in intensity of use. 3. "The suitability of the site for development considering the slope, ground instability and possibility of mud flow, rock falls and avalanche dangers;" - Site is already developed. 4. "The affects of the development on the natural watershed, runoff, drainage, soil erosion and consequent effects on water pollution." Drainage and runoff should be improved by moving patio from middle level to roof deck at top level. 5. "The possible effects on air quality in the area and city wide." No e ffect. 6. "The Design and location of any proposed structure,' roads, driveways or trails and their compatibility with the terrain." No incompatibility with terrain. 444: I Memo 28 May 1986 Page Two 7. "Whether proposed grading will result in the least disturbance to the terrain, vegetation and natural land features." No effect. 8. "The placement and clustering of structures so as to minimize roads, cutting and grading, and increase the open space and preserve the mountain as a scenic resource." Not applicable. 9. "The reduction of building height and bulk to maintain the open character of the mountain." - No substantial effect. As the applicants representatives, we request that the Planning Director make a determination that this modest addition has such insignificant impact when considered against the Review Criteria listed above that full 8040 Greenline Review be considered in- appropriate and serving no constructive public purpose. Because the backlog of cases to be heard by P&Z is so great that the Applicant's case can not be scheduled until late summer, the delay will cause unnecessary financial hardship. In addition, the General Contractor, who had scheduled his work and transport of materials to coordinate with the regrading of Aspen Mountain finds a three month delay in construction start will make his job much more difficult and costly. Your consideration of this application is appreciated. DR. WILLIAM J. YARBROUGH 1010 WILDER AVE., NO. 1001 HONOLULU, HAWAII 96822 Ike» AG -TAwl» , R*CE#yED JUN 0 6 1* 0 *+A 'W,44*1-Un '0'43 0 1- 70-1 0 -Jr* 32* Auel.34 0.fz.0:._.-~™ 176 fu ~~riu~ 0+-!1LGEUM >4 n i» £*4 146. M) p O U (1 4 (0 amet# /2 22,Jiv-4.*A / EUL,A~ nA &1 1350-0-i>* 31 3 t»> OWNERSHIP AND ENCUMB] CE REPORT 2370AB $100.00 Made For: Hagman and Yaw STEWART TITLE OF ASPEN, INC. HEREBY CERTIFIES from a search of the books in this office that the owner of Lot 5, Tipple Woods Subdivision County of Pitkin, State of Colorado Situated in the County of Pitkin, State of Colorado, appears to be vested in the name of William Joseph Yarbrough and that the above described property appears to be subject to the following: None EXCEPT all easements, right-of-ways, restrictions and reservations of record. EXCEPT any and all unpaid taxes and assessments. This report does not reflect any of the following matters: 1) Bankruptcies which, from date of adjudication of the most recent bankruptcies, antedate the report by more than fourteen (14) years. 2) Suits and judgments which, from date of entry, antedate the report by more than seven (7) years or until the governing statute of limitations has expired, whichever is the longer period. 3) Unpaid tax liens which, from date of payment, antedate the report by more than seven (7) years. Although we believe the facts stated are true, this Certificate is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen, Inc., neither assumes, nor will be charged with any financial obligation or liability whatever on any state- ment contained herein. Dated at Aspen, Colorado, this 30th day of May A.D. 1986 at 8:00 A.M. STEWART TITLE OF ASPEN, INC. BY 22 40 A Authorized Signature Stewart Title Form OEZ 10/82 1 F 0 - 1 Gr -Cak> / . 0 r· I k 1-Fk ~,5-°-32)~m'-1 3 r \\ \ 1 N 1/ \ D 1\ 92* 4 /10 / 4»WNS-.<~. 1\~ j / 70 1 9 11\ 1 24:.4 \ ap/2 a ~\I~PA \D% 116 ze / / t /4. k>, . -1 s":2-0 ~·NE£0¥'~111 1- ".*51. \ * l 1 1;2: ~43#'+2.2. iMK · ill@NO:.'i.EM i',*PL·tr2$#16#4~ · =c;·0*?..:<';t·bt· , 4 . as)/6, % 9174 ...24'77.1 5..L:J'l· 2.··'1*>24*.0. /2¥ n;IN·m,··ar..·,i,<·.~.~..,4.I'...2,1 Ff~;R¥~ i.*·~ ~14%~ifk ·,i.··r~:.~i : ~:.···: 344(ibff...Tri f: ~ -\\20 />X /6 2\« €04 Ul 6 . k 1 t 0 4&1,J.'·4;·~ '4~~,/~~ ~·i}·32 \ 11. V' a · 'ty:'. 4, - , ~ ... '46·4¢644:.21 1 C 1 ' i ' 0 b 6 .411 1 . 9 -1, ./ ~ii , ,;r 1 71* \ , A.34, 0 /f 11 9/.\ \ 4, 4. 141 .5 0 ~ ~ 1~ 23 047' aiDEs YARD*S@-reAck 0 1 -5' Nt\\3 S j 53 <SC)' \A/ , 16~\ 1 41. \1\ UNCERGI:©UND - 0 < #t 14 4 44% 1 A l 191\ /30.00' /:Pe MOUVT 772*,S't¥0€~ · 1-- - r B /N ¢ 0~ -f -1 Q 1~1 2 lu 16 3 49£577NG v *41# $ 4 ; 3.14 &~ §\ b + a P 3 3 + t. 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All .- .1 J .. 1 - 1 0 ----- 0 1 - Ul .. -- . 0 -- -- I 1- - 4 97'¥:1 I . -- , 00 E- 9 > 2 1--.. - 4 L. ... I .. A I. 11 ~ a - I. 0 . - . 4 I . - A . . - 1.-,--1-, I~74~ . - -- < A ..... .- -- I . -....~ , ----, '. 1 1----- ...em... ill- -Mi- 1 1!:..1 11 1 - 1 ... 1 11 l. 2 1 6 .. . 1 2 -. 1-V- . 1- - Neuu ¥•1" CVJ ---1 / ht€u) ~94 Au) 14" Hw .STO,1.01 v----- 94" c.\0 Frod 07<,ST' 467 0 i' -02 "W M /2 4% 4" 02 /0 - YARBROUGH REMODEL: SPECIFICATIONS A!3 *4£8£.6 2246-3563 Fc)£· 50Ap'B, Et,' , 4 up~ -MA#£081(6 50,46 TALL pANG,ta 75-C - HU ..A, O/AER- p ITEMS TO BE RETUSED FROM EXISTING: LOALL COU€12.IN€1 f »(AlibLE .·Tile, I NC., T J ---EXISTING CARPET SHALL BE STORED FOR RE-USE, AND ROLL-STOCK OF THE f - MC)ODWORK: -Tv1 0 UJA U- 601.,le-(tjAU~ 51'ou»ue,e. 91\4 SAME CARPET SHALL BE MEASURED BY THE CONTRACTOR, SO THE ARCHITECT j ---ALL EITERIOR DECKS SHALL BE OF CLEAR REDWOOD, IN SIZES SHOWN ON THE , /- 1 CAN CALCULATE THE BEST LOCATION FOR SEAMS IN RE-USE INSTALLATION. 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