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Home My WebLink AboutLand Use Case.131 Smuggler Mountain Rd.A44-97. C 3 1 5 Â¢0~'25L* 4 flov. #4-: n 12 8 2737-074-01-007 A44-97 Rowars 8040 Greeline & Res. Design l hitki Â£ 01 1/ k . CASELe - SUMMARY SHEET -CITY OF A - UN DATE RECEIVED: 6/5/97 CASE # A44-97 DATE COMPLETE: STAFF: Mitch Haas PARCEL ID # 2737-074-01-007 PROJECT NAME: Rowars 8040 Greeline and ResittairmrDE*h-REview Project Address: 131 Smuggler Mountain Road APPLICANT: Charles M. Rowars Address/Phone: 131 Smuggler Mountain Road OWNER: sarne Address/Phone: REPRESENTATIVE: John Howard Address/Phone: P.O. Box 7045 Snowmass Village, Co 81615 RESPONSIBLE PARTY: Applicant Other Name/Address: FEES DUE FEES RECEIVED PLANNING $1080 PLANNING $1080. # APPS RECEIVED 15 ENGINEER $110 ENGINEER $110. # PLATS RECEIVED 15 HOUSING $0 HOUSING $ GIS DISK RECEIVED: ENV HEALTH $0 ENV HEALTH $ CLERK $ CLERK $ TYPE OF APPLICATION TOTAL $1190. TOTAL RCVD $1190. One Step r... US L 14 -1,1'56 M 1 9,0,UE . rd, i e IP&Z 711 M. [3Yes '140 ICC C]Yes UNo CC (2nd reading) C]Yes UNo REFERRALS: U City Attorney U Aspen Fire Marshal U CDOT KCity Engineer (DRC) U City Water U ACSD M Zoning m City Electric U Holy Cross Electric L Housing m Clean Air Board U Rocky Mtn Natural Gas U Environmental Health C Open Space Board U Aspen School District N Parks U Other: U Other: DATE REFERRED: INITIALS: DATE DUE: APPROVAL: Ordinance~olutio~# 97*> Date: 9,11 19, Staff Approval Date: Plat Recorded: Book , Page CLOSED/FILED DATE: 9-1.149 INITIALS: ~~~ ROUTE TO: RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING APPROVAL OF AN 8040 GREENLINE FOR THE ROWARS RESIDENCE LOCATED AT 131 SMUGGLER MOUNTAIN ROAD ON LOT 7 OF THE SUNNY PARK NORTH SUBDIVISION, CITY OF ASPEN Resolution 97- I 3 WHEREAS, The Community Development Department received an application from John Howard of Willow Creek Design Studio, on behal f of Charles M. Rowars, for 8040 Greenline Review; and WHEREAS, Pursuant to Section 26.68.030 of the Aspen Municipal Code, 8040 Greenline Reviews may be approved by the Planning and Zoning Commission; and WHEREAS, during the public meeting of the Planning and Zoning Commission, held on July 1, 1997, the Commission approved by a 6-0 vote the 8040 Greenline Review with conditions; and. NOW, THEREFORE BE IT RESOLVED by the Commission: That the 8040 Greenline Review for the Rowars Residence development proposal on Lot 7 of the Sunny Park North Subdivision (131 Smuggler Mountain Road) meets the standards of Section 26.68.030 of the Aspen Municipal Code and is approved with the following conditions: 1. Prior to the issuance of any building permits the applicant shall: a) Install any new surface utilities requiring a pedestal or other above ground equipment on an easement provided by the property owner and not within the public rights-of-way; b) Locate all proposed construction in such a way that it does not encroach into an existing utility easement or public right-of-way, or extend beyond the designated building envelope; and. c) Ensure that the project meets all runoff design standards of Section 26.88.040Â©(4)(f) with the building permit application. 2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall: a) Submit as-built drawings of the project showing property lines, building footprint, easements, any encroachments. entry points for utilities entering the property boundaries and any other improvements to the Aspen/Pitkin County Data Processing Department in accordance with City GIS requirements, if and when, any exterior renovation or remodeling of the property occurs that requires a building permit; and, b) Permit Community Development Department staff to inspect the property to determine compliance with the conditions of approval. 3. Also prior to issuance of any building permits, the applicant shall consult with City departments regarding the following: a) Parks Department for selection of vegetative species for revegetation efforts: and, b) City Streets Department for street improvements, and shall obtain permits for any work or development, including landscaping, within public rights-of-way. 4. Prior to the issuance of any building permits, a review of any proposed minor changes from the approvals, as set forth herein, shall be made by the Planning and Engineering Departments, or referred back to the Planning and Zoning Commission. 5. If any outdoor lighting is proposed, said lighting shall be low and downcast with no light(s) located down the slope. Any and all outdoor lighting will feature down- directional and sharp cut-off fixtures. 6. All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by a Board/Commission having authority to do so. APPROVED AS TO FORM: City Attorney APPROVED by the Commission at its meeting on July 1, 1997. Attest: Planning and Zoning Commission: - 'Agot#L/de unrE044..ai, *ckie Lothian, Deputy City Clerk Sara GAfibn, Chairperson , h.ope_' *t PLANNING & ZO [G COMMISSION JULY 1. 1997 COMMISSIONER. STAFF AND PUBLIC COMMENT 1 MINUTES Rm*mmm%mmmmm*mmmmmm*mmmmmmm*%m*m*%mmmmmmmm*mmm*-*mmm-m~ 601 EAST HOPKINS - BASS CAHN PROPERTIES - CONDITIONAL USE - RESTAURANT 7 303 SOUTH CLEVELAND - LANDMARK DESIGNATION ................................................................................ 5 HISTORIC LANDMARK MUTLI FAMILY CODE AMENDMENT MARTEN RESIDENCE. LOT 1. BLOCK 46. CONDITIONAL USE FOR ADU AND RESIDENTIAL DESIGN WAIVER ROWARS 8040 GREENLINE REVIEW. 131 SMUGGLER MT. RD.. LOT 7 SUNNY PARK NORTH SUBDIVISION (2737-074-01-007) 8 PLANNING & ZO] _ G COMMISSION JULY 1.1997 Sara Garton, Chair, opened the Regular Aspen Planning & Zoning mee#hg at 4:35 with Stfe Buettow, Bob Blaich, Roger Hunt, Tim Mooney, Jasminefygre, and Dave Johnston present. Marta Chaikovska was excused and Dave Mhnston excused himself at 6 p.m. Other Staff in attendance were David tidefer, Assistant City Attorney, Amy Amidon, Chris Bendon, Mitch Haas, Julie Ann Woods, Community Development Department. COMMISSIONER. STAFF AND PUBLIC COMMENT i / Julie Ann Woods commented that GMC could meet ort August 26, 1997 (approximate 6 p.m. stah time) since Highlands had tb appear before County P&Z prior to Growth Management. Woods asked the commission for resumes for the 7/8/97 work session/retreat. '~ Roger Hunt asked the status ofthe Hospital M~l/Office Building and retail Pharmacy. Woods said that she did not have ~lat update. MOTION: Hunt moved to rekluest that Community Development draft a memo with concerns from Asi,In P&Z to County P&Z regarding the status of the Hospital Medical/~fice Building and retail Pharmacy. Bob Blaich second. ALL IN F/lVOR, APPROVED 7-0. \ George Vicenzi, Public, commented/as part of the SPA review on the Aspen Meadows Traffic Mitigation Plan, the neighborhood was supposed to have input on what staff decided. He statedkhe newspapers reborted the shuttle will be on 4th Street which was not reque,ted by the neighborhood for this year. Sara Garton questioned the validity ofthatirticle. Vicenzi said that staff had not solved the problems or met with them prior to implementing the shuttle. Garton asked if Vicenzi had a copy of resolution 97-7 which stated the responsible parties. David Hoefer recalled a staff l~fison from the City Manager's Office was to work with the neighborhood and he urged Vicenzi to contact the City manager's Office to set up a meeting. (The shuttle actually will run only for special Night Concerts this year per Barbara Umbreit.) j Jan Collins, public, wanted to know who was responsible for the shuttle running up and downgth Street because it connects to nothing. She stated it was designed for failure, She asked who implemented this and why weren't they involved as neighbors. Garton said that RFTA would be the responsible party to contact per the agreements. Collins questioned how they stayed in the loop since the neighborhood was not invited to the group meeting at the parking lot. 1 PLANNING & ZOP G COMMISSION JULY 1. 1997 ROWARS 8040 GREENLINE REVIEW. 131 SMUGGLER MT. RD.. LOT 7 SUNNY PARK NORTH SUBDIVISION (2737-074-01-0071 Sara Garton, Chair, opened the review. Mitch Haas, Staff, explained the addition to the existing residence above the attached garage for a work-out room and study. The second addition would be to extend the dining room out about 8 feet. These additions would remain inside the existing building envelope. Roger Hunt asked if the existing deck extended over the property line and i f there was an agreement with that property owner. John Howard, Willow Creek Design Studio, stated that the deck did extend. Chuck Rowers, applicant, said the deck was there when he purchased this residence. Haas said this lot has gone through an 8040 Greenline before, so there should not be a problem. Hunt encouraged the applicant to legalize the overhang on the adjacent property. Garton stated the lighting code was an important condition. Bob Blaich asked if the existing lighting was acceptable. Steve Buettow asked if the garage with the addition would be the same height as the house. Howard said the garage would be 6 inches lower than the existing house. MOTION: Roger Hunt moved to approve the Rowars 8040 Greenline Review with the conditions recommended by staff in the Memo dated July 1, 1997. Bob Blaich second. APPROVED 6-0. Meeting adjourned at 6:20 followed by a worksession on Historic Landmark Multi-Family Code Amendment. \ 1.1 J~kie Lothian, Deputy City Clerk 7 PLANNING & ZO G COMMISSION JULY 1. 1997 MARTEN RESIDENCE. LOT 1. BLOCK 46. CONDITIONAL USE FOR ADU and RESIDENTIAL DESIGN WAIVER Sara Garton, Chair, requested proof of notice. David Hoefer, Assistant City' ~tomey, stated the notice was sufficient and the commission had jurisclittion to prÂ®eed. Chris BEndon, staff, said there was no address for this vacant lot gil the south side of West Hopkins between 2nd and 3rd Streets. He stated the oqner, Randy Marten, reqUsted conditional use approval for an ADU wit~t FAR bonus and variance requesti~for waivers ofthe "inflection" and "volturie" standards. Bendon noted 3 statements for granting design variances are: 1 yHetter met the AACP 2. more effective me~hod of addressing the standard Â¥'clearly necessary for reasons of fairness due to unusual site constraints./IPhe applicant must meet one of the statements. Bendon noted the latest drawiR#s~flect th*changes in the ADU and the inflection standard is met by the samesheight wall adjacent to the neighboring structure. The volume standard was m6fty the reduction of the window size. Garton restated there was no waiverof desiglistandard requested at this time. There were revised drawing place,d into three reÂ©ord and the old were removed. / 1 Sven Alstrom, Architect, spoke about Ordinance 30 ~hich reflected the re-design to include the inflection element. He stated that the dekign was better looking with a lower ridge line. The ADU is 450 sf with larger wh~ows and the changed entrance. / 1 MOTION: Bob Blaich moved to approve the Conditioh11 Use for an ADU with the conditions outlined in the community devet~ment memo dated June 26, 1997 with the addition of snow shed for the A{~U entrance, 131 Smuggler Mountain Road, Lot 1, Block 46, city~Aspen. Rogg' Hunt second. APPROVED 7-0. \ Tim,*(Coney asked if the windows to the ADU could be used for egress. Gerd < Zeller, representative for the applicant, said that would be according to the code. \ 6 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Ok- ic k foÂ».~ff> (hereinafter .APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for *HclON_. 6Â»2 1-1004=,r Al Ola) 93HU Cl<cle}ZL- pr[B - 1~32. 7 LOT -1 (hereinafter, THE PROJECT). 9*] fl#X 1-7' F. AO r# Go ldp, Â»6~4*3 ) co 2. APPLICANT understands and agrees thai City of Aspen Ordinance No. 43 (Series o f 1996) establishes a fee structure for Planning applications and the payment of ail processing fees is a condition precedent to a derermination of application completeness. 1. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is nor possible ar this time to ascertain the full extent of the COSIS 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 addirional Costs to be billed to APPLICANT on a monthly basis. 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 COSIS 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 Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY' s waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 1 110 - which is for 6.: hours of Planning 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. Such periodic payments shall be made wirhin 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN APPLICANT \,01 2 By: C-P Â£ * < - 0<L. tNC>Cjc- 12.4 h-Â¢5_2> /NIC.i pe.Â£_DC-WQ Stan Clauson Community Development Director <Date: p 4- 4 1 Mai~.ddress: f go &475 -104'S- 41*zÂ«W1.-1/4~+. \ALL,&Â·66 , 60 8 le ) </ g:\support\forms\agrpayas.doc 1/16/97 JECA, MEMORANDUM TO: Aspen Planning and Zoning Commission - 0% THROUGH: Stan Clauson, Community Devel Julie Ann Woods, Deputy Directi FROM: Mitch Haas, City Planner~,0~0- ' - RE: Rowars 8040 Greenline Review (Lot 7, Sunny Park North Subdivision), Parcel I.D. No. 2737-074-01-007. DATE: July 1,1997 SUMMARY: The applicant is requesting approval of an 8040 Greenline Review in order to build an addition to an existing residence at 131 Smuggler Mountain Road. The proposed addition would extend the existing dining room area eight (8) feet to the south as well as add a second floor above the existing garage. The dining area addition would include approximately 154 square feet of floor area. The new second floor above the garage would encompass approximately 487 square feet of floor area and would accommodate a study and work-out area. There is also a small amount of storage area that would be added between the existing garage and the existing bedroom. In total, by including wall areas and new stairways, there would be a net increase of approximately 790 square feet of floor area to the home. All of the proposed additions would remain within the designated building envelope. The 8040 Greenline Review application is attached as Exhibit A. Referral comments from Engineering and Parks were not yet received at the time this memo was printed, but will be distributed and marked as Exhibit B. Community Development staff recommends that the 8040 Greenline Review for the addition to the Rowars Residence at 131 Smuggler Mountain Road (Parcel 2737- 074-01-007, Lot 7, Sunny Park North Subdivision) be approved with conditions. APPLICANT: Charles M. Rowars, represented by John Howard of Willow Creek Design Studio. LOCATION: Lot 7 of the Sunny Park North Subdivision is located at 131 Smuggler Mountain Road in the City of Aspen. The lot is bounded by an existing residence to the south, vacant land to the north and east, and Sesame Street and Park Circle to the west. (See vicinity map on sheet Al of the bluelines). ZONING: Moderate-Density Residential (It-15/PUD) 2/Timill,JTE"16 CURRENT LAND USE: Detached single-family residential LOT SIZES: Lot 7 of the Sunny Park North Subdivision (131 Smuggler Mountain Road) = 15,191 square feet, of which 1,423 square feet are on 20% to 30% slopes, and another 5,983 square feet are on slopes in excess of 30%, resulting in a net area of 8,496 square feet from which to calculate the allowable floor area of the lot. These calculations are preliminary and will be subject to verification by the City's Zoning Administrator during review of the building permit application. ALLOWABLE FAR: Based on the above described calculations of lot area, 3,939 square feet of floor area will be allowed on the subject parcel (this FAR calculation is an estimate only; it may not take into account all slope reductions, sub-grade areas, or garage area calculations). PROPOSED LAND USE: The proposal does not contain any changes from the existing land use. That is, the existing land use is single-family residential and this land use would continue. Detached residential dwellings are permitted uses on lots of 15,000 square feet or greater in the R-15 zone. Due to slope density reduction calculations, only one single-family residence is permitted on the subject lot. REVIEW PROCEDURE: As the proposed development falls within 150 feet of the 8040' elevation contour and does not meet the exemption provisions of Section 26.68.030(B) ofthe code, an 8040 Greenline Review is required. 8040 Greenline Review is an Environmentally Sensitive Area (ESA) review and is, therefore, a one-step process culminating in a public meeting before the Planning and Zoning Commission. The following sections of the code are applicable to the 8040 Greenline: Section 26.68.030(C), 8040 Greenline Review Standards; and, Section 26.28.050, Moderate- Density Residential (R-15). BACKGROUND: The proposed additions to the Rowars Residence were reviewed by staff against the Residential Design Review Standards of Section 26.58.040. Staff found the proposed design to comply with all but one of the design standards, namely standard 26.58.040((F)(12), Volume. Under the "volume" standard, the applicant is left with three (3) options when it is determined that the proposed design does not comply: first, the applicant can choose to redesign the proposal to comply with the standard; next, the applicant can appeal staff' s finding to the Design Review Appeal Committee or other appropriate board; lastly, the applicant can choose to accept a floor area penalty which would count the area in violation twice (2:1). The applicant has chosen to accept the floor area penalty (third option); consequently, the area of the dining room (154 square feet) will be double-counted as 308 square feet of floor area. With the penalty, the house will still fall within the maximum allowable floor area (3,939 square feet) for the site. 2 REFERRAL COMMENTS: The comments from the City Engineering and Parks Departments will be distributed and marked as Exhibit B. STAFF COMMENTS: Section 26.68.030,8040 Greenline Review Pursuant to Section 26.68.030(A), "the provisions of 8040 greenline review shall apply to all development located at or above 8040 feet above mean sea level (the 8040 greenline) in the City of Aspen, and all development within one hundred fifty (150) feet below the 8040 greenline." The proposed development is subject to the standards of 8040 greenline review. The applicant has provided responses to the standards contained in Section 26.68.030(C), 8040 Greenline Review Standards, of the Aspen Land Use Regulations. These eleven (11) standards and staff' s responses follow. 1. The parcel on which the proposed development is to be located is suitable for development, considering its slope, ground stability characteristics, including mine subsistence and the possibility of mudjlow, rockfalls and avalanche dangers. If the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and revegetate the soils, or, where necessary, cause them to be removed from the site to a location acceptable to the city. RESPONSE: The parcel has not been found to contain hazardous or toxic soils. The footprint of the existing building would expand by just 112 square feet or so into an area already covered by the existing deck. There are no known hazards existing in the area proposed for development, and the parcel is considered to be suitable for development. 2. The proposed development does not have a significant adverse affect on the natural watershed, runoff, drainage, soil erosion or have consequent effects on water pollution. RESPONSE: The proposed development would not have a significant adverse affect on the natural watershed, nor cause increased runoff, drainage or soil erosion. The proposed addition to the building footprint at the dining area is within the footprint of the existing deck. The proposed development would be located well outside of the flood plain of the Roaring Fork River. Staff does not feel that the proposed development would have a significant adverse impact on the natural watershed, runoff, drainage, or soil erosion, nor would it have consequent effects on water pollution. 3. The proposed development does not have a significant adverse affect on the air quality in the city. RESPONSE: There should be no significant impacts on air quality from the proposed development. The proposed additions would contain no wood burning devices. Further, the proposed addition would not generate any increase in the number of vehicle trips associated with the existing residence. 3 4. The design and location of any proposed development, road or trail is compatible with the terrain on the parcel on which the proposed development is to be located. RESPONSE: The design and location of the proposed additions are compatible with the terrain based on the fact that there is an existing structure, the construction of which addressed ground stability issues and soil conditions. The applicant has indicated that the existing foundation is adequate to support the load of a second story above the garage. The dining area addition is well within an essentially flat area and will pose no problems related to terrain. Also, the proposed design of the addition is a continuation of the existing design in terms of plate heights, roof type and finish materials. 5. Any grading -will minimize, to the extent practicable, disturbance to the terrain, vegetation and natural features. RESPONSE: The applicant has represented that, in the areas where excavation is required, the existing grades will be maintained to the extent allowed by building codes and standard building practices. As the dining room and storage area expansions are in generally flat areas, no significant change to grade is expected, and all disturbed areas would be revegatated. Also, as mentioned above, the dining room expansion would occur in an area which is currently occupied by a deck and the study/work-out room would be built on top of the existing garage. Consequently, staff feels that the proposed layout of the development would, to the extent practical, minimize grading and disturbances to the terrain, vegetation and natural features. 6. The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space, and preserve the mountain as a scenic resource. RESPONSE: Because there is an existing residence, no new roads would be required. The development would not include any "cut and fill" and grading would be minimized. Iii addition, the project has been designed to minimize the visual impact of the additions by maintaining roof lines and types, and ensuring that new roof ridge lines are below the highest point of the existing house. Staff believes that the proposed development plan complies with this standard. 7. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. RESPONSE: As mentioned in the staff response to the preceding standard, the project has been designed to minimize the visual impact of the additions by maintaining roof lines and types, and ensuring that new roof ridge lines are below the highest point of the existing house. The design also incorporates the addition of a porch element over the garage to reduce the perceived mass of the structure. 4 8. Sujficient water pressure and other utilities are available to service the proposed development. RESPONSE: No additional plumbing is proposed, and no part of the project would place any additional demands on the existing services. All required utilities are already in place and have adequate capacity to service the proposal. 9. Adequate roads are available to serve the proposed development, and said roads can be properly maintained. RESPONSE: Because there is an existing residence that has access to roads, no new roads would be required. Further, the proposed addition would not generate any increase in the number of vehicle trips associated with the existing residence as no new bedrooms are being proposed. 10. Adequate ingress and egress is available to the proposed development so as to ensure adequate access for jire protection and snow removal equipment. RESPONSE: Current ingress and egress are adequate and the proposal would have no affect on this condition. 11. Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan map is dedicated for public use. Provide access to natural resources and areas of special interest to the community. RESPONSE: No trails designated on the Plan map cross the property, nor are there any existing trails on the property. STAFF FINDINGS: Staff finds that there is sufficient information to support approval of the 8040 Greenline Review with conditions. That is, staff finds that the proposal meets all applicable standards for review as outlined by Section 26.68.030(C) of the Municipal Code. RECOMMENDATION: Finding that all applicable standards (1-11) of Section 26.68.030(C) of the Municipal Code are being met by the proposed plans, staff recommends that the Planning and Zoning Commission approve the Rowars 8040 Greenline Review with the following conditions: 1. Prior to the issuance of any building permits the applicant shall: a) Install any new surface utilities requiring a pedestal or other above ground equipment on an easement provided by the property owner and not within the public rights-of-way; b) Locate all proposed construction in such a way that it does not encroach into an existing utility easement or public right-of-way, or extend beyond the designated building envelope; 5 c) Ensure that the project meets all runoff design standards of Section 26.88.040(C)(4)(f) with the building permit application; and, 2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall: a) Submit as-built drawings of the project showing property lines, building footprint, easements, any encroachments, entry points for utilities entering the property boundaries and any other improvements to the Aspen/Pitkin County Data Processing Department in accordance with City GIS requirements, if and when, any exterior renovation or remodeling of the property occurs that requires a building permit; and, b) Permit Community Development Department staff to inspect the property to determine compliance with the conditions of approval; 3. Also prior to issuance of any building permits, the applicant shall consult with City departments regarding the following: a) Parks Department for selection of vegetative species for revegetation efforts; and, c) City Streets Department for street improvements, and shall obtain permits for any work or development, including landscaping, within public rights-of- way. 4. Prior to the issuance of any building permits, a review of any proposed minor changes from the approvals, as set forth herein, shall be made by the Planning and Engineering Departments, or referred back to the Planning and Zoning Commission. 5. If any outdoor lighting is proposed, said lighting shall be low and downeast with no light(s) located down the slope. Any and all outdoor lighting will feature down-directional and sharp cut-off fixtures. 6. All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by a Board/Commission having authority to do so. RECOMMENDED MOTION: "I move to approve the Rowars 8040 Greenline Review with the conditions recommended by staff, as outlined in the Community Development Department memo dated July 1, 1997." EXHIBITS: Exhibit "A" - Rowars 8040 Greenline Review Development Application Exhibit "B" - Referral Comments 6 V\/ 1 EK 2- June 5.1997 Mr. Mitchell Haas Aspen/Pitkin Community Development 130 S. Galena Street Aspen, CO 81611 Re: Lot 7, Sunny Park North Subdivision 131 Smuggler Mountain Road, Aspen. Colorado 8040 Greenline and Residential Design Review Dear Mitch, This letter is to comply with the submission requirements for the 8040 Greenline and Residential Design Review for the above referenced property. Responses to Attachment 2. Minimum Submission Contents are attached. There is an existing frame house of approxi- mately 3,100 square feet on the site. The proposal is to extend the dining room on the south side by 8 feet and to add a level above the garage for a study and a work-out room. There is also a small amount of storage being added to the north side between the existing garage and an existing bedroom. The net increase in the size of the house is approximately 790 square feet (FAR calculations). Responses per Anachment 3: Spec(tic Submission Contents can generally be found on the enclosed survey by Sopris Engineering, LLC. A. 1 The survey indicates all boundaries of the property. A.2 All existing improvements are located on the survey. Proposed additions are indicated on the Site Plan. A.3 There are no significant natural features beyond those indicated on the survey. B. 1 The survey indicates contours at 2-foot intervals across the entire property. There will be virtually no changes to the existing contour; the largest part of the project is over the existing garage, and the balance of the project will allow for the existing contour to be maintained. B.2 For the proposed elevations, please, refer to the attached bluelines. B.3 The proposed construction techniques are those of generally accepted frame construction. Excavation will be minimal and disturbed areas revegetated. Foundation footings and walls will be reinforced poured concrete. Walls and roof will be frame construction with siding and shingles to match the existing building. Colors will be maintained. Construction will be in compliance with all applicable codes, e.g., UBC and APECC. WILLOW CREEK DESIGN STUDIO 5131 Owl Creek Road Â· Post Office Box 7045, Snowmass Village, Colorado 81615 Â· (970) 923-3434 Â· (970) 923-3121 Mr. Mitchell Haas June 5,1997 page 2 The following items are responses to Attachment 4: Review Standards. 1. The parcel is suitable for additional development based on the fact that there is an existing structure, the construction of which addressed any ground stability issues or soils problems. Minimum foundation requirements are adequate to support the load of a second story above the garage. The dining area extension is well within an essentially flat area and will pose no problems because of the slope of the building site. 2. Addition of 154 square feet to the building footprint at the dining area is within the footprint of the existing deck and will have no significant adverse effect on the natural watershed, drainage, soil erosion or water quality. 3. Because the proposed project does not involve fireplaces and puts only a minimal demand on the existing heating system, no significant adverse impacts on the air quality in the City are expected. 4. The design of the addition is a continuation of the existing design - plate heights, roof type, and finish materials. The location is essentially within the existing footprint. 5. In the areas where excavation is required, the existing grading will be main- tained to the extent allowed by building codes and generally accepted building practices. As the dining room and storage area expansions are in generally flat areas, no significant change to grade is expected and those areas will be revegetated. 6. Because there is an existing house, no new roads are required. There will be no "cut and fill" and minimal grading. The project has been designed to minimize the visual impact of the additions by maintaining roof lines and types, and ensuring that new roof ridge lines are below the highest point of the existing house. 7. Building height and bulk have been minimized by maintaining the existing roof lines and type, and through the addition of a porch element over the garage door to reduce the mass of the building. 8. There are no concerns about water pressure as no additional plumbing is proposed and no part of the project wiil put any additional demands on the existing service. Mr. Mitchell Haas June 5, 1997 page 3 9. The current road should be adequate to serve the existing house and the I.-. additions: no bedrooms are being added, so no increase in trattic is expected. 10. Current ingress and egress are adequate and this proposal does not effect that condition. 11. There are no trails on this property. The above should also comply with the submission requirements of Residential Design Review with regard to applicant and property information. scope of project. type of construe- tion. etc. Specific responses to the Residential Design Checklist and the requirements of 26.58.040 follow. As noted above. the project consists of a remodel to an existing structure and some of the requirements. for example. Build-To Lines. are really not applicable to this project. Building Orientation The orientation of the principal mass of the existing building is parallel to the street. The entrance is oriented to the street with the front entry door on the street facade. There is a significant group of windows of the dining room which is facing the street. The garage is 22 feet wide, the remainder of the house 46 feet. The garage is in front of the house, however, that is an existing condition. Building Elements The one-story, street-facing element of the house is 31 feet or 46% of the overall width. Bund-To Lines Not applicable. Primary Mass The primary mass of the building is represented by the central, two story element of approximately 1200 square feet including both upper and lower levels. This is approximately 30% of the allowable FAR of 3939. Mr. Mitchell Haas - . A-- June 1, 199/ page 4 Intlection Adjacent structures are a significant distance from the existing house and are generally two and three story buildings, although the Sunny Park North Condominiums do have small single story elements at the north and south ends of the building. The existing house has single story elements of 31 feet and 20 feet facing these buildings. There are no buildings to the north or east (Mollie Gibson Park and Pitkin County property). Garages and Driveways Not applicable: no change to existing location. Areaways There are no areaways, lightwells or stairwells on the street facing side. Floor Area Ratio Calculations Lot size: 15,191 Area at < 20% slope (counted at 100 %) 7,785.0 Area at 20 % to 30 % slope (counted at 50%) 1,423.0 Area at > 30% slope (excluded) 5.983.0 Total 15,191.0 Calculations for Lot Size Area at < 20% slope 7,785.0 Area at 20 to 30% slope 711.5 Total Lot Size 8,496.5 Allowable Floor Area Base (3,000 square feet of lot) 2,400.0 Additional (28 square feet per 100 feet of lot) 1.539.0 Total Allowable Floor Area 3,939.0 I have also enclosed several pictures of the existing structure and the neighboring buildings. Photos were taken at the points indicated on the site plan. The Vicinity Map on the site plan was traced from Pitkin County's GIS at the Assessor's Office. One story elements have been indicated. Please, let me know if you require additional copies. Mr. Mitchell Haas June 5, 1997 page 5 Thanks for your assistance at our pre-application conference. Please, call me if you have any questions, need additional information. or to tell me when the review is scheduled. I believe you mentioned that it would be on Wednesday. June 11, 1997. Yours sincerely. /\10 f John Howard. AIBD / Prekident IAND USE APPLICATION FEIEM 1) Project Name 6- c <Fu Fte-1,196 6 61 A-==> - Dll 2) Project location 14\ 5>11066 08,~ MCDO 14't /N\Â·\ ~c-:Art:> _~ Lof 1 , SON M.1, 91:44 AcqÂ» 3 As:Â«4 (irxlicate street acklr~ess, lot & Block lumber, 1 legal description where agmpriate) 3) Present Zoning f~ '~ 4) Iat Size .16, Icl \ 64*f 5) Applicant's Name, Address & Eborie # . 04Â».~<lfb Mt, '~te)Â»il:Â·5=, 4Â£190 5%4 esIMP e:,i-â‚¬884 -.DAN)6 3,6 3>66\ 4 4.9 543 8525 1 - 15â‚¬200 6) Represerrtative's Name, Ackiress & Fbone # 323A M t.to Â»4/9D \,4/1 bl-OÂ»j g-~U.(24< 33â‚¬91,6,4 90[2_trD ic>, 102 160'>< 16-)46 jtzALSÂ»/ 1-', A-=h Vill.+Cat 4 9 -le) 921 3>494 CL> 20 135 7) TYpe of Applicaticn (please chack all that apply): Conditional Use - Ccnceptual SPA . - Cenceptalal Historic: Dev. Special Review Final SPA Final Historic Dev. 8040 Greenline - Ccnceptl:al FUD Minor Historic Dev. Steam Margin Final POD Historic Demlition Axmtain View Plane Subdivision Historic Designaticn C_-Lainiumization Text/1*p. Amncherrt (NOS Allotnent Lot Split/Int Lir~ 00 Eboanpticn Adj ustment 11 3Â° 8) Descripticn of Existing Uses (rnmber arxl type of casting structures; apprcocimate sq. ft. ; Inmber of bedroans; an~ wevials approvals granted to the property). mtÂ·\6 6~*C-il-Â£ f/&,HIL>< f~bt~in Ell<â‚¬ dby' /krrfv,< 1. 26,12:2rr, 64 fl, Â»// .4 hÂ©RÂ»~31--i Sz> f~~~--16 gÂ»}\6'iÂ¢ ir,4104 9) Descripticn of DevelopIEnt AEplicaticn E ?iltrUD) M 6 Pb<tift; -I->11*\ PIC-i /5,~rEA ,â‚¬,1 12> f.tul'-4 At} 13) AUDTE))8 G A., 12*ED QUEED.F 6.flr->1 0 11* 6,>4.l tA- 11 Cip11'k-,E e~ A- 61Â£.CED< Atin /\ 79 <, Â·004 0%~?EA -1- 170 f7â‚¬ 1Â¥f 10) Havg you attached the follading? / Response to Attathment 2, Miniann Suhnissian Contents / Respanse to Attachment 3, Specific Submissian Contents J Respense to Attadmiant 4, Review Stareards for Yair Application 1-7 *37- 011 -01- 007 lili k *Wi'BiTi SENT BY: PELICAN BAYS; 6 -97 9:59AM; 3055815627 => 9709233129; #1 /1 June 5, 1997 Community Development Department Aspen, Colorado 8 1611 fo whom it may concern PleaRe accept this letter of authorization for Mr John Howard to represent me in applying for permission to remodel my home at 131 Smuggler Mountain Road. Aspen, CO 81611 You can reach Mr. John Howard at Â£/O Willow Creek Design Studio 5131 Owl Creek Road Snowmass Village, CO 81615 Phone (970) 923-3434, fax (970) 923-3129. 1 can be reached at: Charles M. Rowars 4990 SW 52nd Street Davie, FL 33.314 Phone (954) 581-5600, fax (954) 581-5627. fhank you for assisting us in this matter Sincerely, 2 0 1 C a 4 Â» - f.harles M. Rowars Post-iI tax Note 7671 fEE-7.73=FT,0-71 '.5 /4 / Ifiag@Ap, i [ISYW-gÂ»~ ~1:.6iR~:~mi25-**f ~ CO./tlept. 100. rEEI,0-/i--- - 'EITT---------- - Fax 4 .-----1 I'lu. ac . .- 11/pH. 5.1997-12:09Pt'CIZIESTEW ArIT TITLE ~ASPQ*â€ž417<M.1..,4,%7'3M~~9!~ ' 0 i 11-1 . Â¥ 4-2=: /4 91 1 2 0 - ll,- er . WARRANTY DEED â€ž X Â· --e R* c U Gi L THIS DEED, made this 30th day ef June, 1934. between Etna ~ 1 Tauscher of the County Â©f Pitkin and State o: Colorado, Grantor, f 8 18 and Charles M. Rowars whose legal address 19 4990nS. W. 52nd, Suite 1 Z 14201, Davis, FL, 33314, of th:, county of #roulait and State of Â¢ M :k 0 Â£t Florida, Grantee. 2 4 sum of Ten Dollars (10.00) and other good and valuable A. 0....L -A e E e. WITNESSETH, that the Grantor for and in consideration of the g ___consideration, the receipt and sufficiency of which is he,eby % ~- acknowledged, has granted, bargained, gold and conveyed, and }7 < ,-, the Ge presents does grant, bargain, 5ell, convey end confirm, unto Â¤ .* the Grantee and Grantee' s heirs and assign, forever, all the real C>-- ./9 property together with improvements, if nny, situate, lying and 00 being in the County of Pitkin and State of Colorado described as <3 follows: Lot 7, Sunny Park North Subdivision, according to the Sunny Park North Adjustmant and Annexation Mar thereof , CE recorded itt Plat Book 20 at Page 2 ac Reception Number 292269; as known by street and number as: 013I Smuggler Mountain Road, Aspen, Colorado. TOGETHER with all and singular the horeditaments and I appurtenances thereto belonging, or in anywise appertaining, and ~ % the reversion and reversions, remainder and remainders, rents, is.des and profits thereof. and all the estate, right, title, interest, claim and domand whatsoever of the Grantor, either in law or equity, of. in and to the above bargained premises, with the hereclitaments and appurtenances. TO HAVE AND TO ROLD the said premises above bargained and described, with the appurtenances, unto the Grantee and Grantee's - heirs and assigns forever. And the Grantor, for Grantor and Grantor' s heirs, and personal representatives, does eovenant, grant, bargain, and agree to and with the Grantee and Grantee 's, heirs and assigns, that at the time of the ensealing and delivery of these presents, Granter is well seized of the premises above conveyed, has good, sure, perfect, abcolute and indefeasible estate of inheiitance, in law, in fee aimple, and has good :ight, full power and lawful authority to g~ant, bargain, sell and eonvey the same in manner and form as aforemaid, and that the game are free and clear from all former and other grants, bargains, sales, liens, taxes, agsessments, eneumbrances and restrictions of whatever kind or natura soever, except as set forth in Exhibit â€žAâ€ž attached k hereto. , - The Grantor shall and will WARRANT AND FOREVER DEFEND the i ' above-bargained premises in the quiet and peaceable possession of the Grantee and Grantee'e heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. 371664 8-754 ,-618 06/30/94 03:4OP PG 1 OF 4 REC DOC T SILVIA DAVIS PITHIN COUNTY CLERK & RECORDER 20.00 leo. 00 , -. 4 Â·Â· A.- .â€¢ JÂ· .:- ~4140 Â· 3 1 9 1 V. 6..... CITY OF ASPEN erÂ· Declaration R..ceived 1997912: 10Pt,Â·~TEW/,- 1 JUN- 5. , Â·4/< U. V YAE ....'......J.I. 7 =; 31' fâ‚¬*' The singular number shall include the plural, the plural the tÂ· <~ singular, and the use of any gender shall be applicable to all : genders. IN WITNESS WEEREOF, the Grantor'has executed this deed on the i N date set forth above. / t. 1 <.' A i U-1-4 j kld.,4 U A.A./ Etn#/Tauscher 1 1 STATE OF COLORADO ) ) ESâ€¢ 1 COUNTY OP PITKIM ) The foregoing instrument waa acknowledged before me this 642.~ i , day of June, 1994 by Etna Taugcher. , WITNESS my hand and seal. 42 , 6:'ll. 1 ../:I $: 1 ~ My comnission expires: t~Â£2417' (21, /997. 0~ ~ 1 8 I Notary tublic 4- 4 11)'~ v - ' I 1 P. Sauâ€¢ch.A 00,Â· 1* . 771664 2-754 P-619 06/30/94 03:4OP PG 2 OF 4 6 *Z' ' .0 '. 116. \ -2- 1 $ 1 ' I.% 1 t -- f . Â·Cli<.FalÂ·Sl->'Ii.,1.""-, -1. .4- ' =A:*. 9 -- JUN. 5.1997~ 12: 10PM STEWART Ill Lt- Mai L'' . 0 . 7 ...1 I - - , Â¥6.ZPA :*FU :&2,,3.--.1 ff: EXHIBIT A TO GENERAL WARRANTY DEED f. GT 1. Taxes and aggessments for the year 199Â£ and thoreafter. F ' 2 2. The effect of inclusions in any general or specific water , ; conservancy, fire protection, soil conservation or Â©ther di#trict or inclusion in any water service or street improvement area. 3. Reservations by the United Statos Government az set forth substantially as follows: FIRST: That the premises hereby granted. WITH TME EXCEPTION OF THE SURFACE, may be entered by the preprietor of any other vein, lode or lodge, the top or . apex of which lies outside of the boundary cf iaid granted premises, should the same in its dip be found to other vein, lode or ledge. penetrate, intersect or extend into said premises for the ( purpose ef extracting and removing the ore from such SECOND: That in the absence of necesmary legislation by CongresÂ®, the Legislature of Colorado may provide rules for working the mining claim or premidee hereby granted, involving easements, drainage amd other necessary means to its complete development as reserved in Patent recorded May 20, 1949 in Book 175 at rage 702 am Reeeptiort No. 96346. 4 4. Râ€¢Bervations by the United States Government as set forth substantially as follows: FIRST: That the premises hereby granted, WITH TEE EXCEPTION OF THE SURFACE, may be entered by the proprietor of any other voin, lodo or ledge, the top or i apex of which lies outside of the boundary of said 3 granted premises, should the same in its dip be found %0 1 penetrate, intereect or extend into Bald premiesm for the purpose of extracting and removing the ore from such Other voin, loda or lodge. SECOND: That in the absence Â©f nocs=sary legislation by Congress, the Legislature of Colorado may provide rele= for working the mining claim or premises hereby granted, involving easements, drainage and other necessary Means to its complete development as reserved in Patent recorded May 20, 1949 in Book 175 at Page 168 ag Reception No. 96344. Aâ€¢ 3. Terms, conditions, obligationg and provisions of Water 1 Agreement recorded November 20, 1961 in Book 210 at Page 206 as Reception No. 119240. 371664 3-754 P-620 06/30/94 03:40P 28 3 OF 4 1 1 .... . ~UN. 5.1997 12:10PM STEW-r'T TITLE Abelly - . 0 - ., 1 .2-/:.0/.11-4.; k.~./2 A~~tr9~~7:41~ , % , 1 r /,P #1- it#i#*EFACIE, 2.1*1*=.....=Im. & 1, tÂ·k.'1' 6, . â‚¬*4/ 4.... . fyik/-*12*.:Â· -09rt Qi#'&~2'Gam-It 5 Â· 67: 6. Restrictions that no trailer campg or trailer parks be permitted on subject r.Â©perty as dicclosed by need recorded March 30, 1964 in Book 206 at pag9 301 as Keception No. 117375. , 't . 7. Ternls, conditions. obligationg and proviâ€¢ion, of Easement i Agreement recorded Septembeu 16. 1977 in Book 335 at Page 20. 8 â€¢ Terms, conditions, obligations and provisiong of Resolution ' 1 1 No. 85-83 izsued by the Board of County CommisEioners recorded August 1, 1985 in Book 492 at Page 114 as Reception No,270201. 9. Termâ€ž conditions, obligations and provisions of Statement of i 11:captian from subdivicion Pracece recorded Auguet 25, 1987 in Book 544 at Page 523 82 Raeoption Ne- 292268. 10. Easeminte, rightl-of-way dâ€¢ shown on Sunny Park North Boundary Â¢ 1, Adjustment and Annexation Plat recorded August 25, 1987 in Plat , Book 20 at Page 02 as Reception No. 292269. 1 11. Eagemants and rights of way as ehown on Improvement Survey prepared by Agpon Survey Engingerâ€¢, Inc. dated June 15, 1994 as Job #17214. 4,/.â€¢la.*'01 0 ' 371664 8-754 P-621 06/30/94 03,40P PS 4 OF 4 .. 1 /4,1 4 I . -2- 1" - I â€¢P*ZÂ·,14,1 â€¢ Â¢ , SENT BY:ASPEN CLUB PROPERTIES ; --'4-97 ;11:52AM ;RCV BY:ASPENCLUBPROP-, 97092331294# 1/ 1 American L.nd Title Agoelation Commitment Med,licd 10/73 .. . .. .C. . ..0 .Â® 9.â€¢ . - -a,/ 4.2 f' 9* 1, /& ' - e. ---- .. . + - 1 . - - . COMMITMENT FOR TITLE INSURANCE A-Â· t ISSUED BY STEWART TITLE 1 1 + GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called tile Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified In Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate 1 or interest covered hereby in the land 4*ribed"br 'rdferred to in Schedule A, upon payment of the. I premiums and charges therefor; all subject tb the provisions of Schedules A and B and to the Conditions and Stipulalions hereof This Commitment shall be effective only whon the identlry of the proposed Insured and the amount 1 of the policy or policies committed for h,ve been ins#rted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment ort+ 146*quent endorsement. This Commitment is preliminary to the iguance of such -policy or policies of title insurance and all + i f liability and obligations hereunder shollÂ·tease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue,' whichever first occurs, provided that the failure to issue such policy or policie#lÂ¥ hot the fault*f the Company, This Commirment shall not be valid or binding until countersigned byÂ·Â·in aothorizid'officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment ro be signed and sealed, to i become val id when countersigned by an authorized officer or agent of the Company, all in accordance with ils By,Laws This Commitment is effeattve as of the date shown in Schedule A as "E ffective Date," MTEWART TITLE 4:*Ade.Y,9546 1 GUARANTY COMPANY ; r. Proildbilt L Chairrnan of~The Boarf 139, 0.041%, . ' C 05/0 -*p .01'<1 Countersigned hy *... 190329 /*24,1(Flit~b 76-D 34/ 7\141'W.h 3- i Author izor*Zignatory - '- '~L 4.-1--a-'.2.- 1- Col Citâ€¢ ~ -- 1 1 i +- 1 1 14 lt. . Serial No. 0-1601Â· 398130 ----- - . ..0 . .. 166 SENT BY:ASPEN CLUB PROPERTIES ; - -4-97 411:57AM ;RCY BY:ASPENCLUBPRO- 3709233129;# 1/ 5 - Tb : =so M w SCNEDULE A ORDER NUMBER: 00021087 1. EFFECTIVE DATE: May 19, 1994 AT 8:00 A.M. 2. POLICY OR POLICIES TO BE ISSUED: AMOUNT OF INSURANCE A. ALTA OWNER'S POLICY $ 1,000,000.00 PROPOSED INSURED: CHARLES M. ROWARS B. ALTA LOAN POLICY $ 500,000.00 PROPOSED INSURED: TO BE DETERMINED C. ALTA LOAN POLICY $ PROPOSED INSURED: D. $ 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENT AND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO IS AT THE ~ EFFECTIVE DATE HEREOF VESTED IN: ETNA TAUSCHER 4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: Lot 7, SUNNY PARK NORTH SUBDIVISION, according to the Sunny Park North Adjustment and Annexation Map thereof recorded in Plat Book 20 at Page 2 as Reception No. 292269. County of Pitkin, State of Colorado OWNERS: $ 1,203.50 MORTGAGEE: $ 50.00 TAX CERT. $ 10.00 STEWART TITLE OF 70 1 +6166 ASPEN, INC. 620 E. Hopkins ASPEN, COLORADO 81611 303 925-3577 FAX 303-925-1384 .SENT BY:ASPEN CLUB PROPERTIES 4 - -4-97 411:57AM ;RCV BY:ASPENCLUBPR 9703233129;# 2/ 5 SCHEDULE B - SECTION 1 ORDER NUMBER: 00021087 REQUIREMENTS ~ THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED. ITEM (B) PROPER INSTRUMENT(S) CREATING THE ESTATE OR INTEREST TO BE INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD, TO WIT: 1. Evidence satisfactory to Stewart Title Guaranty Company, furnished by the Office of the Director of Finance, City of Aspen that the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The ~Wheeler Real Estate Transfer Tax" pursuant Ordinance No. 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). 2. A. Certificate of non-foreign status, duly executed by the seller(s), pursuant to Section 1445 of the Internal Revenue Code AND B. Satisfactory evidence of the seller(s) Colorado residency (or incorporation) pursuant to Colorado House Bill 92-1270. NOTE: Section 1445 of the Internal Revenue Code requires witholding of tax from sales proceeds if the transferor (seller) is a foreign person or entity. Colorado House Bill 92-1270 may require witholding of tax from sales proceeds if the seller(s) is not a Colorado resident. Detailed information and Forms are available from Stewart Title. 3. Deed from vested owner, vesting fee gimple title in purchaser(s). 4. Deed of Trust from the Borrower to the Public Trustee for the use of the proposed lender to secure the loan. Â· SENT BY:ASPEN CLUB PROPERTIES 4 - -4-97 ;11:57AM ;RCV BY:ASPENCLUBPR 97092331294# 3/ 5 SCHEDULE B - SECTION 2 EXCEPTIONS ORDER NUMBER: 00021087 THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY: 1. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE PUBLIC RECORDS. 2. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE PUBLIC RECORDS. 3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT SURVEY AND INSPECTION OF THE PREMISES WOULD DISCLOSE AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. 5. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR TO THE DATE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS COMMITMENT. 6. UNPATENTED MINING CLAIMS; WATER RIGHTS, CLAIMS OR TITLE TO WATER. 7. ANY AND ALL UNPAID TAXES AND ASSESSMENTS AND ANY UNREDEEMED TAX SALES. 8. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. 9. Reservations by the United States Government as set forth substantially as follows: FIRST: That the premises hereby granted, WITH THE EXCEPTION OF THE SURFACE, may be entered by the proprietor of any other vein, lode or ledge, the top or apex of which lies outside of the boundary of said granted premises, should the same in its dip be found to penetrate, intersect or extend into said premises for the purpose of extracting and removing the ore from such other vein, lode or ledge. SECOND: That in the absence of necessary legislation by Congress, the Legislature of Colorado may provide rules for working the mining claim or premises hereby granted, involving easements, drainage and other necessary means to its complete development as reserved in Patent recorded May 20, 1949 in Book 175 at Page 701 as Reception No. 96346. 10. Reservations by the United States Government as set forth substantially as follows: FIRST: That the premises hereby granted, WITH THE EXCEPTION OF THE SURFACE, may be entered by the proprietor of any other vein, lode or ledge, the top or apex of which lies outside of the Continued on next page .SENT BY:ASPEN CLUB PROPERTIES : - - -97 411:58AM ;RCV BY:ASPENCLUBPRO 97032331234# 4/ 5 CONTINUATION SHEET SCHEDULE B - SECTION 2 ORDER NUMBER: 00021087 boundary of said granted premises, should the same in its dip be found to penetrate, intersect or extend into said premises for the purpose of extracting and removing the ore from such other vein, lode or ledge. SECOND: That in the absence of necessary legislation by Congress, the Legislature of Colorado may provide rules for working the mining claim or premises hereby granted, involving easements, drainage and other necessary means to its complete development as reserved in Patent recorded May 20, 1949 in Book 175 at Page 168 as Reception No. 96344. 11. Terms, conditions, obligations and provisions of Water Agreement recorded November 20, 1964 in Book 210 at Page 206 as Reception No. 119240. 12. Restrictions that no trailer camps or trailer parks be permitted on subject property as disclosed by Deed recorded March 30, 1964 in Book 206 at Page 301 as Reception No. 117375. 13. Easement and right of way to construct, reconstruct, repair, change, operate and maintain an undarground transmission or distribution line as granted to Holy Cross Electric Association, Inc. by Donald T. Randall in the instrument recorded August 16, 1972 in Book 265 at Page 978 as Reception No. 153336, affecting the following described property: Parcel in the Mascotte Lode Mining Claim #5867. 14. Terms, conditions, obligations and provisions of Easement Agreement recorded September 16, 1977 in Book 335 at Page 80. 15. Terms, conditions, obligations and provisions of Grant of Easement recorded June 28, 1984 in Book 468 at Page 679 as Reception No. 260602 and Grant of Easement recorded June 28, 1984 in Book 468 at Page 698 as Reception No. 260603. 16. Terms, conditions, obligations and provisions of Resolution No. 85-83 issued by the Board of County Commissioners recorded August 1, 1985 in Book 492 at Page 114 as Reception No. 270201. 17. Terms, conditions, obligations and provisions of statement of Exception from Subdivision Process recorded August 25, 1987 in Book 544 at Page 523 as Reception No. 292268. 18. Terms, conditions, obligations and provisions of Access Easement recorded February 4, 1993 in Book 702 at Page 756 as Reception NO. 353649. Continued on next page , SENT BY:ASPEN CLUB PROPERTIES 4 - 4-97 ;11:58AM ;RCV BY:ASPENCLUBPRO 97092331294# 5/ 5 CONTINUATION SHEET ~ SCHEDULE B - SECTION 2 ORDER NUMBER: 00021087 19. Easements, rights-of-way as shown on Sunny Park North Boundary Adjustment and Annexation Plat recorded August 25, 1987 in Plat Book 20 at Page 02 as Reception No. 292269. 20. This commitment is contingent upon review and approval by the underwritter, Stewart Title Guaranty Company, which reserves the right to make additional requirements and/or exceptions upon review. NOTE: A copy of this commitment has been submitted to the underwritter. This exception will be deleted upon receipt of underwritter approval. NOTE: Provided that Stewart Title of Aspen, Inc. records the documents of conveyance in the proposed transaction the status of title will be updated from the tine of this commitment to the time of said recording. If said update reveals no intervening liens or other changes in the status of said title Exception No. 5 herein will be deleted; if said update reveals intervening liens or changes in the status of said title appropriate action(s) will be taken to disclose or eliminate said change prior to the recording of said documents. NOTE: Policies issued hereunder will be subject to the terms, conditions, and exclusions set forth in the ALTA 1992 Policy form. Copies of the 1992 form Policy Jacket, setting forth said terms, conditions and exclusions, will be made available upon request. , 3-- - ...:48 / 1 i ' 1/ 1 1 11 1 ; I i 4 1 , 1% i I i 1 ' t i i/\ 1, i itt 0 , 400018 1 j 2 1 2 1 1 21 , \ 1 ,\ ,/ - 222rr~f 1. 1 1 1 Si.r; 7 P:.'1'~NL ",1 h' oiJoi , 11 /1 ' ' 14 . \1 1 1 id,/ \ L 1.1 1 '' ' i ! ' 0, 1 ,/ - ---1._ 1 3 2.4 , / / , \ i S Â·11 8. V I Pilt -r k L,.6'; fp '401004 ~ 1 I I J 40100311 1 %~---- 1 / % ... - \1 -72 i / 1 \ \ -4 1 . idelist,Â·Club i '/ i------1 < ' 2 jggjer t:4 ' i f.,1 G p f In 111. l c c t riA \ 1 1 1 420or P.Prk Dit:.Le.' \ \ C'\ 1 - I 1 46 otis : \ %1. . , .. I. i i - 1 5, P.rt ,- i:il --- i 00405 \ ! 404701 , ' I .*.# Il... 1,9- , trild HIPT-Â·Â·..Vi '11.11/l ,/\' . i e 0Â·1 1. A Ct'-fl-j je I v Â·A fi b e / / / t . Â· Offf f - - '4 - --'- MidÂ·.1;. 4 li d'O F f. k 1 - % GIB -- AVE , 404705 # '*. _--1 WID L AN D -p-; RK PLQ 1 . . ' ,-:. 1 2 9' U >1 71. , ff a /' k , i - . \\ ~ \1 I i \-1\ I n i 1 1 i on -No 6 1 2 0 h I : f: [ \\\ i....16'.en.Hil 1 6 \y \\ l... 1 1 - l -ir 04038 \\ L -- --- -+~..1 1\IE Willow Creek Design Studio . do John Howard ASPEN Â· PITKIN 5131 Owl Creek Road COMMUNITY DEVELOPMENT DEPARTMENT P.O. Box 7045 Snowmass Village, CO 81615 June 13,1997 RE: Rowars Residence, Residential Design Standards Review Dear John, The Community Development Department has reviewed your application for compliance with the "Residential Design Standards," pursuant to Section 26.58.040 of the Municipal Code. Staff has determined that the proposal is in compliance with all of the Residential Design Standards except for Standard 26.58.040(F)(12), Volume. The "volume" standard states that: "All areas with an exterior expression of a plate height greater than ten (10) feet, shall be counted as two (2) square feet for each one (1) square foot of floor area. Exterior expression shall be defined as facade penetrations between nine (9) and twelve (12) feet above the level of the , finished floor, and circular, semi-circular or non-orthagonal fenestration between nine (9) and fifteen (15) feet above the level of the finished floor." The "south" elevation, particularly the dining room addition, is the only elevation that contains a violation of the "volume" standard. That is, the south elevation, at the dining room addition, contains windows between nine (9) and twelve (12) feet above the level of the finished floor. Given the above described lack of compliance with the "volume" standard, you are left with the choice of pursuing one of the following three (3) options. First, you can. accept the two-to-one floor area penalty while ensuring that the entire building, including FAR penalties, will fall within set FAR limitations. Second, you can redesign the proposed structure such that the new form would comply with the "volume" standard, as well as the rest of the residential design standards. Lastly, you can appeal staffs findings to the Design Review Appeal Board; if a variance is to be granted, it would have to be based on one of the following three factors: (a) the proposed design yields greater compliance with the goals of the- Aspen Area Community Plan; or, (b) the proposed design more effectively 130 SOUTH GA[.EXA Sl-REET Â· Asi'EN, CO[.ORA[DO 81611-1975 Â· PHONE 970.920.5090 FAX 970.920.5439 Printed on Recycled Paper addresses the issue or problem the given standard responds to; or (c) a variance clearly necessary for reasons of fairness related to unusual site specific constraints. In recent conversations between you, Sara Thomas and I regarding the outcome of this review, it was agreed that the FAR penalty would be assessed on the basis of doubling only the dining room area of 154 square feet. Thus, the floor area associated with the dining room portion of the structure would be counted as consuming -308 square feet (154 x 2) of the total allowabie floor area for the site. As Sara and I understand, you have agreed with this assessment and will be choosing to accept the FAR penalty as outlined above. If you should decide not to accept this penalty, you are welcome to pursue on of the other two options mentioned in the preceding paragraph. It should be noted that further review of the proposed addition will ensue, and changes to the proposed plans. may be required. Furthermore, any variations from the approved plans will require re-review. Approval under the "Residential Design Standards" does not guarantee floor area allocations or approval of other dimensional requirements; rather, it allows the project to proceed through the remaining review processes. Your cooperation in providing the required materials for this and subsequent reviews is greatly appreciated. If you should have any questions, or if I can be of help in any other way, please do not hesitate to contact me at 920-5095. Sincerely, i Mitchell Haas ' City Planner ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5090 FAX (970) 920-5439 MEMORANDUM TO: City Engineering Parks Zoning Officer FROM: Mitch Haas, Planner RE: Rowards 8040 Greenline and Residential Design Review DATE: June 5, 1997 Attached for your review and comments is an application submitted by Charles M. Rowars. Please return your comments to me no later than June 18, 1997. Thank you. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPT. 130 S. Galena St. Aspen, CO 81611-1975 (970) 920-5090 AGENCY REFERRAL FORM The City of Aspen Community Development Dept. has received a land use request as highlighted below. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the staff evaluation, your written comments are due back to this office on Parcel ID No APPLICANTS PLEASE NOTE!! Case Number Applicants or their representatives are Date Sent 619, encouraged to attend the DRC meeting to Hearing Date _to be determined discuss the project. The DRC Meeting has DPC Meeting Date June 11, 1997_ been scheduled for Wednesday, _June 11_, Engineering P eferral Due to Planner June 20, 1997 1997 at 10:30 am in the Sister Cities Room of Other Referrals Due to Engineering -June 18, 1997 City Hall. Planner: Mitch Haas Phone No. 920-5095 Fax No. (970)920-5439 Applicant: Charles M. Rowars Phone No. (954)581-5600 Fax No. Representative: John Howard Phone No. 923-3434 Fax No. Location of Property: 131 Smuggler Mountain Road (Lot 1, Sunny Park North Subdivision) Summary of Request: 8040 Greenline and Residential Design Review (addition to existing home) Residential Units: 1 SF MF Affordable ADU: Acreage/Square Feet: FAR Ratio Allowed: FAR Proposed: Zoning: Existing: R-15 Proposed: R-15 REQUESTS TO BE PROCESSED Amendments Growth Management Q.S. Site Plan Review Text Exemption Special Review Map Residential/Tourist Accom Special. Planned Area (SPA) Administrative Review Office/commercial Subdivision Plat Insubstantial Historic Reviews Lot Line Adjustment Appeals Exemptions Lot Split Change in Use Minor Condominiumization Conditional Use Conceptual Timeshare ADU Final Final Plat Other Landmark Temporary Use Environ Sensmve Area Landmark Lot Split Variance Stream Margin Review Demolition/Relocation 8040 Greenline Review Significant w/SPA or PUD Exemption Ord. 30 Residential Review View Plane Review Planned Unit Development Exemption Conceptual Hallam Lake Bluff Final Exemption SPECIAL ISSUES: Agency Issues: Proposal to extend existing dining area eight (8) feet to the south and add a second floor above the existing garage for a study and a work-out area -- total addition = approx. 780 square feet. MEMORANDUM ho To: Mitch Haas, Planner 044 '.,4/49/R' 199,7 Thru: Nick Adeh, City Enginee~Q '%4 Frorn: Ross C. Soderstrom, Project Engineer 25- Date: June 30,1997 Re: Rowars 8040 Greenline and Residential Design Review Physical Address: 131 Smuggler Mountain Road, Aspen, CO Legal Address: Lot 7, Sunny Park North Subdivision, Aspen, CO After reviewing the above referenced application and making a site visit, I am reporting the combined comments made by the members ofthe DRC: Summary: The property is already substantially developed with an existing single family-type house and the corresponding utility services and road. The proposed additions to the house will not increase nor change the demands on the existing utilities beyond the normal range for which the utilities are sized for this building. No other geologic, drainage, nor natural hazards were observed that would require mitigation nor which would be adversely impacted by the proposed additions to the building. 1. Wood Deck Encroachment: The existing wooden deck on the southerly side of the house encroaches between 1.0' and 1.4' into the neighboring property to the south. We recommend that this encroachment be removed to at least within the property boundary and possibly back to the building envelope line at five (5) ft from the property boundary line depending upon the approvals granted for this property. 2. Improvement Districts: The property owner will be required to agree to j oin any future improvement districts formed for the purpose of constructing public improvements which benefit the property under an assessment formula. The agreement must be executed and recorded prior to issuance of the building permit for the project. 3. Record Drawings: Prior to C.O. issuance the building permit applicant will be required to submit to the Aspen/Pitkin County Data Processing Dept. as-builts drawings for the project showing the property lines, building footprint, easements, encroachments (removed before C.O. issuance), entry points for utilities entering the property boundaries and any other improvements. 1 OF 1 DRCM1497.DOC ' - I .1, X . 4,1 -1., " 0 0 C -, 1 Â£ - . : .3 Azill. -d 4rk. y.h 1 R.*4 11 9 St g Z t#-1 3 4 p _t j.to 1-X 21 . 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N \\ 0- - - r , I i K, Pr \\\ 1 104> / -<. /\ ./ 1 f- 22 1 -- -/ts~ J.h-- k , 1 - 0 4 q 7 /1 Of / 1 \ 7 - Â»- / 0 k.\ 1 -1 1 / ,11 6.2.--1 - 1 '' i I .0: elth.W f.. 4 ------ &-. i. 1 r 1 1- I & 3 -f,Â·ffÂ·f,f.i 'SF.OV.Â·.1/j I t 1 \-2 + / 1 /4/ 1 +R /. /5/ I .11 : . .1 ..1 1 0 1 1 ~1--'- 2 1 4 -:f 1.-D , / ill 1 \ A C 1 f / Iiâ‚¬ 1 / 1 4 /1 1 / 4 , 7,25.. , 1 t 4,5 , f I ''2 e -1 R ':, 1.-80â€ž 445/ 1 /// / .i .il't . 2 1 9 R 0 44.2 I . 1 1-X - 4 1 #49Â· i l 5 -1 144 0-w 4&./.Â·-~~ . \ 3%-- . j.... \ -4 ' 3,-4 .Al 72 8 p / 1 1 - I - 41. 1 f â‚¬ X k 1 9 Â· %-A- I 11 / 1 2 ' - . -- - Â» 9 t - 1 , il /44..... 1 .l ' Fn,4 3> .L j 'i. - 9\ Â·$ 1 U I # D>- 1 $00 - 4/ i /. , + r Proposed Additions to ROWARS RESIDENCE AE , A ./.d=pti##AA BID' 4- :a. . w i uucf#B.F,4.~~R~56 K : 6 / a F t. 2 IL'*~' 2 ~ ZA: 61 21 Z . - Z 9=m-1 -4 7 Charles M. 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