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Home My WebLink AboutLand Use Case.610 E Hyman Ave.A076-002737-182-12-004 A076-00 -1 -'* 610 E. Hyman Special Review / 4 1 jtdiad_ -9- i i a- X , .. i 4353 COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611. (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1163 City Engineer f' /, 1.'/ (.f -' \ 1 n nn 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire Other Fees: 1006 Copy 1302 GIS Maps 1303 GIS Fee 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1164 School District Land Ded. TOTAL NAME: < ADDRESS/PROJECT: Â· ~ PHONE: CHECK# CASE/PERMIT#: ~~ # OF COPIES: DATE: INITIAL: -f ... CASE NUMBER A076-00 PARCEL ID # 2737-182-12004 CASE NAME 610 E. Hyman Ave Special Review for garage PROJECT ADDRESS 610 E. Hyman Ave. PLANNER Fred Jarman CASE TYPE Special Review OWNER/APPLICANT Charles Cunniffe Architects REPRESENTATIVE Steven Dunn DATE OF FINAL ACTION 9/5/00 CITY COUNCIL ACTION PZ ACTION Reso. 39-2000 ADMIN ACTION BOA ACTION DATE CLOSED 10/16/00 BY J. Lindt - %-1 DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension. reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Charles Cunniffe, 610 E. Hyman Aspen. CO 81611 Property Owner's Name, Mailing Address and telephone number 610 East Hyman Avenue Legal Description and Street Address of Subject Property Variance for Trash Storage Area Size Written Description of the Site Specific Plan and/or Attachment Describing Plan Planning and Zoning Commission Resolution #39-2000.9/5/00 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) September 16.2000 Effective Date of Development Order (Same as date of publication of notice of approval.) September 17,2003 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 16th day of September, 2000, by the City of Aspen Community Deelopment Director. 4-11 AL 446023- J* Ann Woods, Community Development Director if .. PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public o f the approval of a site specific development plan, and the creationÂ·of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 610 East Hyman Avenue, by resolution of the Planning and Zoning Commission numbered 39 series of 2000. For further information contact Julie Ann Woods, at the Aspen/Pitkin Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090. s/City of Aspen Account Publish in The Aspen Times on September 16,2000 PARCEL ID: |2737-182-12004 DATE RCVD: |6/20/00 - # COPIES:| CASE NO~A076-00 CASE NAME:~610 E. Hyman Ave Special Review for garage PLNR: 19203 11 chi) PROJ ADDR:|610 E. Hyman Ave. CASE TYP:]Special Review STEPS:] OWN/APP: Charles Cunniffe Arc ' ADR~610 E. Hyman C/S/Z: 1Aspen/CO/81611 PHN:]925-5590 REP:~Steven Dunn ADR:~610 E. Hyman Ave C/S/Z:~Aspen/CO/81611 PHN1925-5590 FEES DUE:~1155 D 170 E FEES RCVD:| 1325 STAT: r- REFERRALS~ REF:~ BY~ DUE: ~ MTG DATE REV BODY PH NOTICED 1-1 DATE OF FINAL ACTION:~ Cj~0/06. CITY COUNCIL: REMARKS~ Pz: ij j - M, i 0 69 - 2. C C. C BOA: CLOSED: ~~~~0*< ~ BY:1 6 i. l.-i vic4 DRAC:- PLAT SUBMITD: ~ PLAT (BK.PG):1 1 ADMIN: 1 , Resolution No. 39 (SERIES OF 2000) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING SPECIAL REVIEW FOR A VARIANCE FROM TRASH / UTILITY STORAGE SPACE REQUIREMENTS AS PART OF A PROPOSED GARAGE ADDITION LOCATED ON THE REAR OF THE EXISTING OFFICE BUILDING AT 610 EAST HYMAN STREET, ASPEN, COLORADO. Parcel No. 2737-182-12-004 WHEREAS, the Community Development Department received an application from Charles Cunniffe, represented by Steve Dunn, for Special Review for a variance from trash / utility service area requirements as part of a proposed garage addition located on the rear of their existing office building at 610 East Hyman Street, Aspen, Colorado; and WHEREAS, the subject property is located in the Commercial (C-1) Zone District; and. WHEREAS, pursuant to Section 26.430 of the Aspen Municipal Code, the Planning and Zoning Commission, in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution approve, approve with conditions, or disapprove a development application for Special Review, after recommendation by the Community Development Department; and WHEREAS, the Community Development Director has reviewed the application and recommended denial for Special Review for a varianee from trash / utility service area requirements as part of a proposed garage addition located on the rear of their existing office building; and WHEREAS, the Planning and Zoning Commission has reviewed and considered this Special Review for a variance from trash / utility service area requirements as part of a proposed garage addition located on the rear of their existing office building under the applicable provisions o f the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the Planning and Zoning Commission finds that this Special Review for a variance from trash / utility service area requirements as part of a proposed garage addition located on the rear of an existing office building meets or exceeds all applicable land use standards and that the approval of the variance, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, during a duly noticed public hearing at a regular meeting on September 5,2000, the Planning and Zoning Commission, approved a Special Review for a variance from trash / utility service area requirements as part of a proposed garage addition located on the rear of their existing office building at 610 East Hyman Street, Aspen, Colorado, with conditions, by a unanimous vote of four to zero (4 - 0). NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF ASPEN, COLORADO, THAT: Section 1: The Aspen Planning & Zoning Commission does hereby approve a Special Review for a variance from trash / utility storage space requirements as part of a proposed garage addition located on the rear of their existing office building at 610 East Hyman Street, Aspen, Colorado with the following conditions: 1. That the applicant shall create and maintain an adequate access way between the proposed garage and western lot line with a minimum width of 49" in order to allow the passage of a dumpster from the alley to the trash / utility service area located directly behind the Charles Cunniffe building; 2. That the applicant reduce the proposed three car garage to a two car garage alleviating adequate space to access the trash / utility service area from the alley; 3. That the applicant receives approval from the City Engineering Department for design of improvements. This includes grading, drainage, transportation, streets, landscaping, and encroachments within public right of way; 4. That the applicant receives approval from the Streets Department for mailboxes, finished pavement, surface materials on streets, and alleyways; 5. That the applicant submits a drainage report. The site development approvals must include the requirement meeting runoff design standards of the Land Use Code Section 26.580.020(A)(6)(a). Further, prior to the building permit application, the applicant submit a drainage mitigation plan (24"x36" size plan sheet or on the lot grading plan) to meet the requirements of the Engineering Department Interim Design Standards for review and approval by the Engineering Department; 6. That drainage onto the public right-of-way is restricted pursuant to City of Aspen Municipal Code Section 21.04.120 - Draining Water Onto Public Right-of-Way Restricted. Due to lack of open space on the property and the abundance of impermeable surface, all drainage must be retained onsite. All roof drains, foundation drains, and building guttering systems must be contained on site via dry wells; and 7. That all proposed improvements including landscaping and street cuts to the public right-of-way must be approved by the City of Aspen Engineering Department and must adhere to the latest version of the City of Aspen Interim Design and Construction Standards. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A duly noticed public hearing on this Resolution was held on the 5th day of September, 2000, at 5:00 in the Sister Cities Room, Aspen City Hall, Aspen, Colorado. APPROVED by the Commission at its regular meeting on September 5,2000. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Robert Blaich, Chair ATTEST: Jackie Lothian, Deputy City Clerk C:\My Documents\Current Cases\Special Review\610 E Hyman Special review\610 E Hyman Memo.doc City of Aspen 3X To: Charles Cunniffe From: Fred Jarman Fax: 925.5076 Pages: 2 Phone: Date: 9/6/00 Re: Affidavit for hearing CC: D Urgent C] For Review C] Please Comment [3 Please Reply C] Please Recycle â€¢ Comments: Hi Charles, Congratulations on your success at the Planning and Zoning Commission public hearing last night. 1 am in need of a signed and stamped Affidavit from you so that we can get you a Development Order. 1 am attaching an Affidavit for you to complete. You already gave me the picture and we'll take care of that. Just send it back to me so I can get it to the Clerk. Thanks. Let me know if you have any questions. Fred 920.5102 . County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } SS. TO ASPEN LAND USE REGULATION State of Colorado } SECTION 26304.060 (E) I, , being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.304.060 (E) of the Aspen Land Use Regulations in the following manner: 1, By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail to all owners of property with three hundred (300) feet of the subject property, as indicated on the attached list, on the day of , 199- (which is _ days prior to the public hearing date of )~ 2. By posting a sign in a conspicuous place on the subject property (as ir could be seen from the nearest public way) and that the said sign was posted and visible ContinUOUSIy from the day of . 199_. (Must be posted for at least ten (10) full days before the healing date). A photograph of the posted sign is attached hereto. Signarure (Attach photograph here) Signed before me this day ,199_.by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public Notary Public's Signature 1Â£ 4, MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director \*O FROM: Fred Jarman, Planner 05 Â· RE: 610 E. Hyman St. Special Review for Trash / Utility Service Area DATE: September 5,2000 (Continued from 8/15/00) APPLICANT: Charles Cunniffe ALLEY BLOCK 99 1 1 LOCATION: Lot M, Block 99, City and t ,\ /\1 / Townsite of Aspen PARCEL ID: 2737-182-12-004 ff f t < Garage ADDRESS: 610 East Ilyman Street, r.., 4.-=#9 / ' Nih. m.961" / Aspen Colorado 81611 Trash area 36*Â·4Â· NE, 0â€¢*â€¢eÂ£ ~ =m==== 1 ZONING: C- 1 (Commercial) f -lili I CURRENT LAND USE: Professional Office . """ 11.,7-Ll_I LOT L PROPOSED lOT N LAND USE: Professional Office L c F -~pE-9: 70 EXISTING 14 Ed| IiI LOT SIZE: 3,000 sq. ft. UU NET LEASABLE SPACE: 2,924 ; .AM f.4/ larlj FAR: Existin 2,582.5sq.ft. 1, Allowable: 3,000 sq. ft Location of proposed garage addition and utility / trash storage area. REQUEST: The applicant requests a variance to reduce the trash / utility service area requirements for the rear of an existing office building to accommodate a three (3) car garage addition. REVIEW PROCEDURE: The Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove a development application for Special Review, after recommendation by the Community Development Department. STAFF COMMENTS: The applicant, Charles Cunniffe of Charles Cunniffe Architects, requests Special Review for a variance to reduce the trash / utility service area requirements for the rear of their existing office building to accommodate a proposed three car garage addition. The applicant requests this variance to accommodate a three car garage which would cover the existing off-street parking area located off the alley directly behind the office building. The roof over the garage would extend to the northern property line (alley) to provide cover for the existing pathway to the rear entry and trash / utility service area. This proposed pathway is 41" wide. The proposed garage extends to the north property line abutting the alley. The proposed garage will be built fully to the eastern property line. The proposed 41" pathway access to the back door, patio, and trash service area will extend along the west property line and be enclosed with a half wall extending from the existing building to the alley and covered with the garage roof extension as indicated on the site plan. Staff review and discussion held that even though the current permitted use as a "professional office" use in the C-1 Zone District does not generate enough waste to require a larger trash / service area at the present time, any future change in the permitted or conditional use of the building such as a Food Market, Service Commercial Establishments (Catering), or Restaurant would be encumbered by not being able to provide the required adequate trash / utility service area needed because of the locked-in situation created by this proposed development. Further, Staff indicated that the applicant could reduce the garage to a two car garage alleviating adequate space to access the trash /utility service area. STAFF RECOMMENDATION: Staff recommends denial of the variance from trash / utility service area requirements as part of a proposed garage addition located on the rear of the Charles Cunniffe office building at 610 East Hyman Street, finding that the Review Standards have not been satisfied. ALTERNATE STAFF RECOMMENDATION: Staff recommends approval allowing a variance from trash / utility service area requirements as part of a proposed garage addition located on the rear of the Charles Cunniffe office building at 610 East Hyman Street with the following conditions: 1. That the applicant reduce the proposed three car garage to a two car garage alleviating adequate space to access the trash / utility service area from the alley; 2. That the applicant receives approval from the City Engineering Department for design of improvements. This includes grading, drainage, transportation, streets, landscaping, and encroachments within public right of way; 3. That the applicant receives approval from the Streets Department for mailboxes, finished pavement, surface materials on streets, and alleyways; 4. That the applicant submits a drainage report. The site development approvals must include the requirement meeting runoff design standards of the Land Use Code Section 26.580.020(A)(6)(a). Further, prior to the building permit application, the 610 E Hyman Memorandum Page 2 applicant submit a drainage mitigation plan (24"x36" size plan sheet or on the lot grading plan) to meet the requirements of the Engineering Department Interim Design Standards for review and approval by the Engineering Department; 5. That drainage onto the public right-of-way is restricted pursuant to City of Aspen Municipal Code Section 21.04.120 - Draining Water Onto Public Right-of-Way Restricted. Due to lack of open space on the property and the abundance o f impermeable surface, all drainage must be retained onsite. All roof drains, foundation drains, and building guttering systems must be contained on site via dry wells; 6. That all proposed improvements including landscaping and street cuts to the public right-o f-way must be approved by the City of Aspen Engineering Department and must adhere to the latest version of the City o f Aspen Interim Design and Construction Standards; and RECOMMENDED MOTION: "I move to approve Resolution No. , Series of 2000 for Special Review of a variance from trash / utility service area requirements as part of a proposed garage addition located at the rear of the Charles Cunniffe Architects office building at 610 East Hyman Street with the conditions in the draft resolution." CITY MANAGER: ATTACHMENTS: EXHIBIT A -- REVIEW CRITERIA, STAFF FINDINGS EXHIBIT B -- ORTHO PHOTO OF PARCEL 2737-182-12-004 EXHIBIT C -- PHOTO OF EXISTING SPACE FOR THE PROPOSED GARAGE EXHIBIT D -- APPLICATION LETTER EXHIBIT E -- RESOLUTION NO. , SERIES OF 2000 610 E Hyman Memorandum Page 3 EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS SECTION 26.575.060 UTILITY / TRASH SERVICE AREAS A. The following provisions shall apply to all utility/trash service areas: 1. All utility/trash service areas shall be fenced so as not to be visible from the street, and such fences shall be six (6) feet high from grade. All fences shall be of sound construction and shall be no less than 90% opaque. STAFF FINDING: The proposed utility / trash service area will be screened from the street by the nature of the proposed covered walkway, back wall of the proposed garage, and half wall which forms a 41" wide pathway to the proposed utility / trash service area. There is no need for a fence in this case as the area will be unseen from the alley. 2. Whenever this Title shall require that a utility / trash service area be provided abutting an alley, buildings may extend to the rear property line if otherwise allowed by this title provided that an open area be provided which shall be accessible to the alley, and which meets the dimensional requirements of Chapter 26.480. STAFF FINDING: The proposed (7'-10" x 6'-11") utility / trash service area does not abut the alley however, it is provided with a pathway open to the alley. Staff finds, pursuant to this criterion, that buildings may extend to the rear property line provided that an open area is provided which shall be accessible to the alley. However, the applicant proposes a pathway that is 41" wide to access the open area. However, staff finds this proposed pathway width is too restrictive for other future permitted and conditional uses, which might occupy the space and generate much more waste than the current use. Staff finds that the proposed development does not meet this criterion. 3. A minimum of fifteen (15) linear feet of the utility / trash service area shall be reserved for box storage, utility transformers or equipment, or building access, and a minimum of five (5) linear feet of the utility/trash service area shall be reserved for trash facilities, unless the dimensions of the area are authorized to be reduced by the Planning and Zoning Commission by special review (see Chapter 26.430) and in accordance with the standards set forth below at Section 26.575.060(B). STAFF FINDING: The applicant pursuant to the Land Use Code is required to provide 1.5 spaces for every 1,000 square feet ofnet leasable area. The building currently contains 2,924 sq. ft. of net leasable space that equates to required provision of 4.3 off-site parking spaces. The placement of the required minimum of fifteen (15) linear feet would not allow the applicant to provide the existing off street parking, thereby creating hardship. Staff finds the existing 610 E Hyman Memorandum Page 4 provision of three off-street parking spaces, which will remain as part of this development, could be accommodated with a reduction in this fifteen (15) linear feet requirement while allowing for an adequate utility/trash service area. B. Review standards for reduction of dimensions. The Planning and Zoning Commission may reduce the dimensions of a utility / trash service area by following the special review procedures set forth at Chapter 26.430 if: 1. There is a demonstration that given the nature of the potential uses of the building and its total square footage, the utility / trash service area proposed to be provided will be adequate. STAFF FINDING: Staff finds the proposed utility /trash area is inadequate. The building is owned and occupied by Charles Cunniffe Architects, which contains eleven (11) employees. Currently, the cleaning service employed removes trash and recycling from the site essentially eliminating the need for an exterior trash storage area. Staff finds that even though the current permitted use as a "professional office" use in the C-1 Zone District does not generate enough waste to require a larger trash /service area at the present time, any future change in a permitted or conditional use of the building such as a Food Market, Service Commercial Establishments (Catering), or Restaurant would be encumbered by not being able to provide the required adequate trash / utility service area because of the locked-in situation created by this proposed development. Further, Staff indicated that the applicant could reduce the garage to a two car garage eliminating the west wall of the garage enlarging the access to the utility / trash area. 2. Access to the utility/trash service area is adequate. STAFF FINDING: The proposed development provides three ways of access to the utility / trash service area: 1) a 41" wide covered pathway from the alley, 2) the existing rear entry of the building, and 3) a lower level door on the basement level opening to the existing light well area which is adjacent to the utility / trash service area. Staff finds this development provides inadequate access to the utility / trash service area via the 41" pathway which would encumber future uses from providing adequate space to the area. 3. Measures are provided for enclosing trash bins and making them easily movable by trash personnel. STAFF FINDING: Staff finds that even though the current permitted use does not generate enough waste to require a larger trash /service area at the present time therefore requiring minimal trash bins easily maneuvered through the 41" pathway, any future change in a permitted or conditional use could be encumbered by not being able to provide the required adequate trash /utility service area or access because of the locked-in situation created by this proposed development. 610 E Hyman Memorandum Page 5 4. When appropriate, provisions for trash compaction are provided by the proposed development and measures are taken to encourage trash compaction by other developments on the block. STAFF FINDING: Staff finds that trash compaction is not necessary for this development. 5. The area for public utility placement and maintenance is adequate and safe for the placement of utilities. STAFF FINDING: Utility meters will be easy and safe to read by the personnel from access from the rear entry door and the pathway from the alley. 6. Adequate provisions are incorporated to ensure the construction of the access area. STAFF FINDING: The proposed access to the area from the alley and existing rear entries will remain open. However, staff finds it to be too restrictive for potential future use. 610 E Hyman Memorandum Page 6 EXHIBIT B PHOTO OF PARCEL: 2737-182-12-004 --4~râ€¢n.-Â·,1/15 I . 1.0.4 .1 3, . -/ + P./ . .P I. - 'FV a ... . P .4 1 . Eit'.'C.H 7. -59/1. . .. . ~kro]60?74!~iagk 1 . ... A i 4 4 Â¥1 3 % 44 - ... -1*:-â‚¬ 1 5 . ... I , lili Lâ€¢ . N .* *) -p,.m~ tuv#TE 7,/3 W E liÂ·.-i. 1-*t l ~. 1Â» s t. 25,40/'ll"*612*t# 610 E Hyman Memorandum Page 7 12'ER Ar~hilects Bldg 610 E. Hyman St. EXHIBIT C PHOTO DOCUMENTATION OF EXISTING SPACE ,$, '/ I- 't, 5 W 3, V. I: 4 . L U â€¢ 5, ' 1 1 . ...,4 %*52' Â· Â· . he j .. I. ./ >Al ' - e., . --- 4 -t . â€¢ * -46 Southerly View showing cars in the rear of the Charles Cunniffe office building located at 610 East Hyman Street where the proposed three-car garage will be located. -.*Il#*4'/i /. Â·# 1- - ' ty, I I.1 .5 1 1- ./ . li - - 44. ...1-.... ..1- .1 I. -- 7 . I I. I - ... I. ... Ill- ./. - ... .. I ./-- . .- .* . .. Southerly view of the rear entrance to the office Existing light well /patio adjacent to the rear of the building. Trash / Utility Service Area is proposed in office building and served by a basement door. adjacent to this entrance. 610 E Hyman Memorandum Page 8 *mmÂ»rreÂ»Â«+ CHARLES CUNNIFFE ARCHITECTS MOD 85 610 E HYMAN ASPEN CO 03 81611 TEL 970 - 925 Â· 5590 EXECUTIVE FAX 970 - 925 Â· 5076 ARC}LITECTURAL CHARLES L. CUNNIFFE, AIA FAX 970 Â· 925 Â· 4557 PRINCIPAL/CEO WWW.CUNNIFFECOM June 14, 2000 JANVER C. DERRINGTON, AIA PRINCIPAL Nick Lelack City of Aspen Panning Department Dear Nick: Subject: Special Review The proposed 610 building project is to add a garage behind Charles Cunniffe Architects office building at 610 East Hyman Ave. We are proposing to enclose the existing off street parking adjacent to the alley. create a covered pathway to provide access to existing rear egress from the office building and use the unheated basement space below the garage as storage. The development complies with Commercial (C-1 ) zoning in that it will not change the use of the property, the height limit will not be exceeded, the lot will remain greater than 25% open space and the external floor area ratio will remain unchanged. We seek a variance to supplemental regulation 26.575.060, utility/trash service areas. This section has three requirements of the area: 1 A minimum of six foot high fencing is installed for visual screening from the street; 2. The utility/trash service areas abut an alley and; 3. A minimum of fifteen linear feet be reserved for the area with a minimum of five feet be reserved for the trash facilities. The proposed utility/trash service area will be screened from the street. The proposed (7'-10" x 6'-11 ") utility/trash service area does not abut the alley however, it is provided with a pathway open to the alley. If the area is to comply with the fifteen linear foot requirements, we would be unable to provide the existing off street parking, thereby creating hardship. Review standards, to which we comply, for the reduction of utility/trash service area are: 1 The area is adequate. The building is owned and occupied by Charles Cunniffe Architects. The cleaning service employed removes trash and recycling from the site essentially eliminating the need for a trash area. 2. Access to the utility/trash service area is adequate. The pathway to the existing rear entry to the building is adjacent to the trash area. 3. The trash bins, located behind the proposed garage, will be screened from view of the public way and bins will be pur.chased with wheels for ease of mobility. 4. Trash compaction will not be necessary. 5. Utility meters will be easy and safe to read by personnel. 6. Access to the area will remain open to the existing rear entry as part of the proposed development. Two variances are on record at the clerk's office. While both are in the commercial core zoned district, there is precedence for granting a variance for the reduction of a utility/trash service area. For more information regarding each case, please see the attached or case files for, 78-8, Mazza, Anthony J., 434 E. Cooper Street, Lot K, Block 87, City of Aspen; 79-1, Fliesher, Donald J., Tom Thumb Building, 400 E. Hyman, Lots K & L, Block 88 City of Aspen. Respectfully, Charles Cunniffe, AIA ARCHITECTURE Â· PLANNING Â· INTERIORS ASPEN Â· CARBONDALE Â· TELLURIDE Â· VAIL . CIA ) '.4, k. .N. ..q.,6.- I . i -.2. Bolk FO ) Â· - r Mugic ky/ i :41 i.2 ''1 Tent 'j .-t'iG,odoockin 41.<4 \1 /.CA r. .,+7 .,9?(/7-splE.strw.*52-&:un :I b *.; . 1% '- Hunferd Golf Course 5 '4 ' ' '~<* -14.-+ 1. --4 2 '. 9% C .4 , PO*I Ct\ 1-0 t. 0 1Â·91 --ilÂ·-..4.U/:f-4*96 4..1 3,6. ~Â·.7Â· -- ~------, ,- - i ~-Â·eff i . 4.tif& \ (1.,, Ville St --=noals. 1 1.-- 4 'h' 94 = p *Â·l. --'. c,l 1-1&.19'.hi. Â·.N *40* 2 2 /3 12? Q + 82 7/ b/*941'.- '1 . 1,0\-~~*1* .4~,14 1 2, 01- - *0,44 u:at -,940.0 -9 7 -*#--- id' 4 lili (Shom 4, LÂ·.4 1 (. 4/ .ff +0:Â» 62, - 3)44,4 "t\4 1 +14'/1 r-WL 4- 2-Â·4-â€ž sl Â·Â·Â· 1 ..f A /kb,4 1 15'94 ~South.At,;~44%,,p. - 15 T.*731 444:4 *1â‚¬5% li) P. Â£94'1 4 in y,t, ) " -It,r-_~ Aspen 44.s, 1%,T~k~t Mal' 1 -Ztll- 6 +4Â·1Â·,~ . Â¥/i Â£42 1) -4- 4-.,i-w ~Â°PerR-9 + .11 '--3 '02.helf.4 F<%M- & C.j i Â·ing,+V-l. 2 4 i ~, 0 I f 04'41,9 .11 ,.'ef e ,/. 6, . + h 9*t Â¥ \1 2 L J G/,9*air 7;/Â»*c--j ..41 let.994St --"<4 42 #442 flip--- , 6 . 5 4094.1 N[10!044 B Summ/f,St f"%4 -3. " ..2/ -. N,~ ' F / /er Qâ€¢ . ASR,thAIDS M d/- *-Â·. Â£]4@Db ,2.84 erm '~' g; F /-# fli*j ft skittim~ng Rd 1 A h.%410 pf -40*...40 . 12 f, 1 1 443 94.409\SU Â¢%,r,1 1~ + 1, ,Â·Il Ve,<211 9/ , 3 f C '45 gi 32)4 ...''d flopen etove Omciff~ 4% j "' 1 -*.84-! 8 <"'4 J Â»'/ U.... M A-Â·9.-*.Ng-y# 1 **16< CYÂ¢OPL #: CA~.254.Rd ..1 r, , k~% r '<i / r 761 *, t \9 4.9 1)| It 1 82 \ Ul! %136 - \ I Ul "00' *1 445-4 eadotod 2!opuo uawld JaAI M li // j i ALLEY BLOCK 99 1 ---. H , i l-l - 1 1 1 11 k Il ' - LU Le , 1 l 2 i : 1 -- N Ur, TA 2,4 CO f Â» R *4* 1 ~1- I iL- - ~----- - ---- -- ---- -~- ~ ' /firc EXIST1NG 22 'm, LOT K / LU k LOT L f , j , ' 1 $ 1 1 1 r--1 1 9- 1 1 1 -- 1 -1 o ~F~Na 7 LOT N / , l j - -- -4 , , -.-.~- ,Â· ~:4 f.~-1 , ---7 '/ ~ *u. 2hz.... , / (-) SITE PLAN E Â· N Fill N AVENUE - 610 BUILDING CHARLES CUNNIFFE ARCHITECTS 1. 610 E. HYMAN la ASPEN. COLORADO . ! 191 60Â°fer Â« Pursuant to the provisions of the Zoning Regula- tions of the City of Aspen, a building constructed in the commercial core area is required to have a 30' x 10' x 10' trash access area. It is the contention of applicant that this requirement when applied to this particular lot would create a hardship. Applicant intends to build a three story building, 1/2 story of which shall be below grade and 2-1/2 stories shall be above grade. Due to the fact that applicant is in the Main Street view plane, applicant would not be able to construct a three story building above grade due to the afore- mentioned view plane. The only way applicant could build a three story building would be to place a 1/2 story below grade, as planned, or a full story below grade. By placing a full story below grade, applicant would be forced to increase the length and dimension of the stairways and stairwells neces- sary to provide access to the lower level (see plans tendered herewith), thereby creating less greenery in the open space (corner of Mill Street and East Hopkins). Furthermore, due to the grade of this lot, to construct a floor below grade, applicant would have to excavate approximately 1-3/4 stories below grade. The depth of said below-grade story would markedly increase the number of steps in the open space area (the computation of stories (feet) below grade and increased number of steps in the open space caused by placing a story below grade will be fully explained by our architect, Welton Anderson, at the public hearing). Also, due to the grade of the lot, the placement of 1/2 or 1 full story below grade would necessarily delete 300 square feet of buildable space from . each of applicant's first 2 stories (this will also be fully explained by Welton Anderson at the public hearing). It is, therefore, the contention of applicant that from an aesthetic and practical point of view, a building 1/2 story below grade and 2-1/2 stories above grade would be best suited for this piece of property. The reason for the aforementioned three stories is twofold: (1) In order to achieve a 1:5 to 1 F.A.R., or 4500 square feet, applicant has to incorporate a third floor when considering the open space and trash access area requirements. Pursuant to present regulations, applicant would only be allowed to construct 1950 square feet on each of the first two floors. Therefore, a third story is mandated. (2) Applicant desires to provide two units of employee housing. In order to do so, a third floor is required. To comply with existing requirements, applicant can only place 1950 square feet on each of the first two stories. Applicant, in order to construct two employee housing units, would have to construct 2100 square feet on the third floor. By virtue of adding the extra square footage to the third story, which addition is necessitated by cur- rent regulations, applicant would be forced to provide a second stairway and hallway to the top floor. This requirement would effec- tively preclude construction of employee housing on the top floor because same would be rendered architecturally unfeasible. - It is, therefore, the contention of applicant that , a hardship is created by virtue of the trash access area 2. I . requirement and that a variance should be granted, and in fact is mandated, namely, reduction of the required trash area to a square footage which would facilitate trash storage and trash removal on applicant's land. Such a variance would provide more retail space on the two lower stories and per- mit applicant to construct a top floor with square footage which would not require a second stairway to the top floor, thereby permitting applicant to construct two employee housing units on the third story. If a variance were not granted, an additional hardship would be created with reference to the building due to the fact that the two lower levels of appli- cant' s build-ing would lose 300 square feet of retail space per floor due to the present trash access area requirement when coupled with the view plane requirements and grade of the lot. 3. I . January 10, 1979 Mr. Clayton Meyring Board of Zoning Adjustment City of Aspen City Hall Aspen, Colorado, 81611 Re: Tom Thumb Project Dear Mr. Meyring: The proposed Tom Thumb Building Project is comprised 11[% Il building space and approximately 5,400 s.f. of new of approximately 6,500 s.f. of renovated existing construction, of which 1,900 s.f. is devoted to employee housing. The project is located in the CC ~r.1,14Ititi Zone and is within a Historic overlay district. zoning code which basically requires that the entire We seek variance to Section 24-3.7 (h)(4) of the lit. length of the building adjacent to the alley be devoted to covered trash access (10ft. high and 10 ft. deep). As denoted in the project plans, an area 30 ft. long (by the code requirement height and width) has been provided exclusively for trash storage and access. By any standards of trash generation and normal refuse pick up for a commercial/residential building of this size the dimension requested is more than adequate. This project has been reviewed by various agencies required for Growth Management Plan (GMP) approval in 1978. In response to a concern of the Historic Preservation Committee the refuse area was moved inward from the alley intersection with Mill Street to nullify the negative visual effect of refuse near the street (pedestrian view) and to achieve visual continuity with nearby buildings who similarly did not locate refuse areas adjacent to street/alley intersections. The building was subsequently planned under this criteria. The written report from the HPC (Sec. 24-9.15) prior to Board of Adjustment action on this request should verify this concern. We request approval of this variance on the grounds that it will result in a reasenable use of the land, building and structure consistant with the intent of the zoning- code and HPC and that the GMP approval constitutes a special condition that did not apply to other properties 620 East Hyman AvenueÂ· Aspen. Colorado 81611 Â· Telephone: (303) 925-2122 January 10, 1979 Mr. Clayton Meyring Page 2 in the vicinity. Respectfully submitted Donald J. Fleisher for Aspvail Investments EXHIBIT E Resolution No. 3 E~ (SERIES OF 2000) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING SPECIAL REVIEW FOR A VARIANCE FROM TRASH / UTILITY STORAGE SPACE REQUIREMENTS AS PART OF A PROPOSED GARAGE ADDITION LOCATED ON THE REAR OF THE EXISTING OFFICE BUILDING AT 610 EAST HYMAN STREET, ASPEN, COLORADO. Parcel No. 2737-182-12-004 WHEREAS, the Community Development Department received an application from Charles Cunniffe, represented by Steve Dunn, for Special Review for a variance from trash / utility service area requirements as part of a proposed garage addition located on the rear of their existing office building at 610 East Hyman Street, Aspen, Colorado; and WHEREAS, the subject property is located in the Commercial (C-1) Zone District; and, WHEREAS, pursuant to Section 26.430 of the Aspen Municipal Code, the Planning and Zoning Commission, in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution approve, approve with conditions, or disapprove a development application for Special Review, after recommendation by the Community Development Department; and WHEREAS, the Community Development Director has reviewed the application and recommended denial for Special Review for a variance from trash / utility service area requirements as part of a proposed garage addition located on the rear of their existing office building; and WHEREAS, the Planning and Zoning Commission has reviewed and considered this Special Review for a variance from trash / utility service area requirements as part of a proposed garage addition located on the rear of their existing office building under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the Planning and Zoning Commission finds that this Special Review for a variance from trash / utility service area requirements as part of a proposed garage addition located on the rear of an existing office building meets or exceeds all applicable land use standards and that the approval of the variance, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and, 610 E Hyman Memorandum Page 9 WHEREAS, during a duly noticed public hearing at a regular meeting on September 5,2000, the Planning and Zoning Commission, approved a Special Review for a variance from trash / utility service area requirements as part of a proposed garage addition located on the rear of their existing office building at 610 East Hyman Street, Aspen, Colorado, with conditions, by a vote of to NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF ASPEN, COLORADO, THAT: Section 1: The Aspen Planning & Zoning Commission does hereby approve a Special Review for a variance from trash / utility storage space requirements as part of a proposed garage addition located on the rear of their existing office building at 610 East Hyman Street, Aspen, Colorado with the following conditions: 1. That the applicant reduce the proposed three car garage to a two car garage alleviating adequate space to access the trash / utility service area from the alley; 2. That the applicant receives approval from the City Engineering Department for design of improvements. This includes grading, drainage, transportation, streets, landscaping, and encroachments within public right of way; 3. That the applicant receives approval from the Streets Department for mailboxes, finished pavement, surface materials on streets, and alleyways; 4. That the applicant submits a drainage report. The site development approvals must include the requirement meeting runoff design standards of the Land Use Code Section 26.580.020(A)(6)(a). Further, prior to the building permit application, the applicant submit a drainage mitigation plan (24"x36" size plan sheet or on the lot grading plan) to meet the requirements of the Engineering Department Interim Design Standards for review and approval by the Engineering Department; 5. That drainage onto the public right-of-way is restricted pursuant to City of Aspen Municipal Code Section 21.04.120 - Draining Water Onto Public Right-of-Way Restricted. Due to lack of open space on the property and the abundance of impermeable surface, all drainage must be retained onsite. All roof drains, foundation drains, and building guttering systems must be contained on site via dry wells; and 6. That all proposed improvements including landscaping and street cuts to the public right-of-way must be approved by the City of Aspen Engineering Department and must adhere to the latest version of the City of Aspen Interim Design and Construction Standards. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby 610 E Hyman Memorandum Page 10 incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A duly noticed public hearing on this Resolution was held on the 5th day of September, 2000, at 5:00 in the Sister Cities Room, Aspen City Hall, Aspen, Colorado. APPROVED by the Commission at its regular meeting on September 5,2000. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Robert Blaich, Chair ATTEST: Jackie Lothian, Deputy City Clerk C:\My Documents\Current Cases\Special Review\610 E Hyman Special review\610 E Hyman Memo.doc 610 E Hyman Memorandum Page 11 1. i A .29'-r , 4-r , 3-e , 1, 11 --1 Fll i 11 1 11 11 I/ !-7 I \ b.<f I Ir -- 1. 1 --711 1 41 1 49 -' r - L -L_ 01' 1 EXIST LIGHT WELL ~~> 321 ~ Ott ~ . .. . 1 \,1 111 6 [l 1 4- -. 1 lj< c g 1 '1/41--Ti-0, \ 1 1 1 11 11 1 1 1 1 11 11 -1 11 1 77 L 1 11..11 11 11 ~rt 1 U 11 1 1.-- -1 -.E -2- T.- 1-L., 11<- 7 ! 1 F-71 1 -t--1 I. 1 0 =J 1 11 .. 1 1 1 1 EXISTING OFFICE 1 -L._, . -4 Z *461 NEW STORAGE m-*41 Â«1 1 1 1 1 %$53 -t-- --- il I f 4 1 tut, ====,p 1 / 14 1 1 1. .. . - _ - E li e 1 11 $ 26" \ 8 1 111 11 &1 1 1 1 111 1 S :5 41 1 ~ 144 -- i<t-----~ 1 1 11 - LIF_Fi~i~ty-kyz-c=Z -1 - -1 -1 -- 1 1 11 1 11 1 11 - fl=-=---1--f =- f 1 1 11 11 -U 5 NEW STAIR < EXISTING STAIR J Â©**$*<*W<?90*9*WÂ«Â»2<***WWWQ*?9**9*Â»299**$**99**9*$**** SE<*99*9<*Â®1?46 |~7 F7 4 [=1 7,1-------fl r'- - LOWER LEVEL PLAN :We Z /2, /4 ' 1 -w U 2Â§13 le liz EXISy/LIGHT WELL --- DAYWELL. 2NSTALL SUMP Wn-H FLOAT / - 7- U - ------ 90!TCH.DRAIN TO STORM SEWER ~ I - -7 1/21 NEWI GARAGE / -P U ' ict dINCH EXISTING f 1 1, a TOP OF WALL,/~ /\1 94-7 / 1/1 ,_N X \ /6-647 -*A<- ~ ..1'â‚¬7 ~ 4'-7 -//-1 TOP OF f.#O 1 1-7 1 . 1 ~ EXISTING STAIR ST AR BELOW EXISTING OFFICE --' 0 \/ ~--~ 426 4 NEW UTIUTY METERSÂ·.... TRASH AREA - \ \\\\ k 0 . - \ \\\\ - ->=122- 1 \\\\ 12 --- ''' i ''1 6 -- 94'-/Â· - - - ./ AIN"414/M--- . DN t J i EX/STING 08 \ \ i 94 -2 2 Ra70 /f ALLEr 1 \ 1 7 12=1~1 )3 F711 -------#- 84-1 1-0-- 4-10 - -1- U D D g Â¤ D ra 1-1- 1 1'- -_ 1-1 u JOB No. 0013 DATE 1 MAY 2000 612 SHEET NO. Â© Â® MAIN-â€žLEVEL PLAN SHEET OF Â©COP,/OrT OWai a"/FE ARBITIN p: \610\garage\610821.dgn Sep. 05, 2000 15: 56: 01 S1331IHZ)3Â¥ 33=IINNAD S3 DNIalint] NVINAH lSÂ¥3 019 . 0655-SZGÂ©Â£6 3131 . tt919 00 'N3d5Â¥ . BAY 46â‚¬9-[940Â£6 1131. EZ919 03'31Â¥ONOEDIVO . ZEZ 311nS . '1 . BEZE--8200Â£6 Ulll . SE,10 01 '30[ln1131 â€¢ '3AV 00'dol SlI)31IHI)}IV 31:INNf13 S3-INVHI) 0659-924026 3-191 . 5[ t,LB O J 'SOIÂ¢MC]3 .502Â¥ 1.15 'Il,VIQ 3DVTIIA SalÂ¥M(13 SOLO 00Â¥30103 'N3dSV W&1 CONCRETE APRON 01 L,~Â«j-~-~tr====9.3 rl /7 , 610 E. Hyman St. Special Review for Trash / Utility Service Area Notes 'â€¢tâ€¢vi-*- > This is a public hearingÂ·to consider a proposal by the applicant, Charles Cunniffe, represented by Steven Dunn requesting Special Review for a variance to_reduce the trash / utility service area requirements for the rear of their existing office building to accommodate a proposed three car garage addition. k The subject site is located 610 East Hyman Street on Lot M, Block 99, in the City and Townsite of Aspen; > The 3,000 sq. ft. building's current use is Professional Office Use and houses Charles Cunniffe Architects and is located within the C-1 (Commercial) Zone District; > The applicant requests this variance to accommodate a three car garage which would cover the existing off-street parking area located off the alley directly behind the office building. The roof over the garage would extend to the northern property line (alley) to provide cover for the existing pathway to the rear entry and trash / utility service area. This proposed pathway is 41" wide. k The proposed garage extends to the north property line abutting the alley. The proposed garage will be built fully to the eastern property line. The proposed 41" pathway access to the back door, patio, and trash service area will extend along the west property line and be enclosed with a half wall extending from the existing building to the alley and covered with the garage roof extension as indicated on the site plan. > Staff finds that even though the current permitted use as a "professional office" use in the C-1 Zone District does not generate enough waste to require a larger trash / service area at the present time, any future change in the permitted or conditional use of the building such as a: 1. Food Market 2. Service Commercial Establishments (Catering), or 3. Restaurant would be encumbered by not being able to provide the required adequate trash / utility service area needed because of the locked-in situation created by this proposed development. > Further, Staff indicated that the applicant could reduce the garage to a two car garage alleviating adequate space to access the trash /utility service area; 1 8TAFF RECOMMENDATION: Staff recommends denial of the variance from trash / utility service area requirements as part of a proposed garage addition located on the rear of the Charles Cunniffe office building at 610 East Hyman Street, finding that the Review Standards have not been satisfied. f,J 4 > ALTERNATE STAFF RECOMMENDATION: Staff recommends approval allowing a variance from trash / utility service area requirements as part of a proposed garage addition located on the rear of the Charles Cunniffe office building at 610 East Hyman Street with the following conditions: 1. That the applicant reduce the proposed three car garage to a two car garage alleviating adequate space to access the trash / utility service area from the alley; 2. That the applicant receives approval from the City Engineering Department for design of improvements. This includes grading, drainage, transportation, streets, landscaping, and encroachments within public right of way; 3. That the applicant receives approval from the Streets Department for mailboxes, finished pavement, surface materials on streets, and alleyways; 4. That the applicant submits a drainage report. The site development approvals must include the requirement meeting runoff design standards of the Land Use Code Section 26.580.020(A)(6)(a). Further, prior to the building permit application, the applicant submit a drainage mitigation plan (24"x36" size plan sheet or on the lot grading plan) to meet the requirements of the Engineering Department Interim Design Standards for review and approval by the Engineering Department; 5. That drainage onto the public right-of-way is restricted pursuant to City of Aspen Municipal Code Section 21.04.120 - Draining Water Onto Public Right-of-Way Restricted. Due to lack of open space on the property and the abundance of impermeable surface, all drainage must be retained onsite. All roof drains, foundation drains, and building guttering systems must be contained on site via dry wells; and 6. That all proposed improvements including landscaping and street cuts to the public right-of-way must be approved by the City of Aspen Engineering Department and must adhere to the latest version of the City of Aspen Interim Design and Construction Standards. > This ends Staffs presentation. AGENDA ASPEN PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY, AUGUST 15, 2000 4:30 PM SISTER CITIES ROOM I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES III. DECLARATION OF CONFLICTS OF INTEREST IV. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS A. LTR ZONE DISTRICT/GMQS CODE AMENDMENTS, CHRIS BENDON B. YELLOW BRICK PLANNED UNIT DEVELOPMENT, CODE AMENDMENT, REZONING, FRED JARMAN C. SANDIJNES STREAM MARGIN REVIEW, ADU AND DESIGN REVIEW APPEALS COMMITTEE VARINANCES, FRED JARMAN D. 610 EAST HYMAN SPECIAL REVIEW FOR SIZE OF TRASH-UTILITY AREA VARIANCE, FRED JARMAN V. ADJOURN TIMES ARE APPROXIMATE. WE RECOMMEND APPLICANTS ARRIVE AT LEAST M HOUR PRIOR TO THE SCHEDULED TIME. e A J. NICHOLAS MCGRATH, P.C. 600 East Hopkins Avenue Suite 203 A Professional Corporation Aspen, Colorado 81611 Attorneys At Law Telephone [970] 925-2612 J. Nicholas McGrath* Facsimile [970] 925-4402 jnm@jnmpc.com Tonia D. Inns, Administrative Assistant www.jnmpc.com August 14, 2000 Hand Delivered John P. Worcester, Esq. Aspen City Attorney 130 South Galena Street Aspen, CO 81611 Re: Cunniffe Planning Commission matter Dear John: I represent Furngult Ltd., the owner of a building adjacent to the Cunniffe building on Hyman Avenue, and Carol Ann Jacobson Realty, a long term leasee of space in the building on the other side of the Cunniffe building. We learned somewhat by accident that the P&Z may be considering a variance application on a trash site and the construction of a garage tomorrow evening for Mr. Cunniffe. I am informed that neither Furngulf, Ltd. nor Taylor Rentals, the owner of Carol Ann's location, nor Carol Ann, nor Marty Flug, principal of Furngulf, received any notice of the application or hearing. We would like a reasonable opportunity to review the application and assess the rights of these adjacent owners and tenants; thus, we think the matter should be postponed. Thank you. Sincerely, J. NICHOLAS McGRATH, P.C. 0- By J. Nicholas McGrath *Member, Colo. (19711, CalÂ¢ (19691, and D.C. (19661 bars cc: Mr. Marty Flug Ms. Carol Ann Kopf Furngulf, Ltd. Taylor Rentals Mr. Fred Jarman, Planner Mr. Cunniffe's offices *Member, Colo. /19711, Calif. f 19691, ami D.C. t19661 bars 17- m MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director ~940 FROM: Fred Jarman, Planner F. 5Â· RE: 610 E. Hyman St. Special Review for Trash / Utility Service Area DATE: August 15, 2000 APPLICANT: Charles Cunniffe ALLEY BLOCK 99 REPRESENTATIVE: Steven Dunn LOCATION: Lot M, Block 99, City and 1 /1 Townsite of Aspen A Y < Garage ' N PARCEL ID: 2737-182-12-004 e X!* TA*4/1 / Trash area NEW GAR#GE ADDRESS: 610 East Hyman Street, Aspen Colorado 81611 PllIJII 1 -380 ZONING: C-1 (Commercial) CURRENT LAND USE: Professional Office LOT L fÂ¥1 u Fr~~ 8 PROPOSED 4.,Al E=1 El 1 â‚¬1151#NG i OFFICE .-J :m ia.imi LAND USE: Professional Office a r- 1 't:/ LOT SIZE: 3,000 sq. ft. : ./. 44.4. 5 NET LEASABLE SPACE: 2,924 i Â·-- FAR: Existing: 2,582.5 sq. ft. rÂ· :--j j i '91.- Â¢ L.,i , 2 Proposed: 2,582.5 sq. ft. Location of proposed garage addition and Allowable: 3,000 sq. ft utility / trash storage area. REQUEST: The applicant requests a variance to reduce the trash / utility service area requirements for the rear of an existing office building to accommodate a three (3) car garage addition. REVIEW PROCEDURE: The Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove a development application for Special Review, after recommendation by the Community Development Department. STAFF COMMENTS: The applicant, Charles Cunniffe, represented by Steve Dunn of Charles Cunniffe Architects, requests Special Review for a variance to reduce the trash / utility service area requirements for the rear of their existing office building to accommodate a proposed three car garage addition. The applicant requests this variance to accommodate a three car garage which would cover the existing off-street parking area located off the alley directly behind the office building. The roof over the garage would extend to the northern property line (alley) to provide cover for the existing pathway to the rear entry and trash / utility service area. This proposed pathway is 41" wide. The proposed garage extends to the north property line abutting the alley. The proposed garage will be built fully to the eastern property line. The proposed 41" pathway access to the back door, patio, and trash service area will extend along the west property line and be enclosed with a half wall extending from the existing building to the alley and covered with the garage roof extension as indicated on the site plan. Staff review and discussion held that even though the current permitted use as a "professional office" use in the C-1 Zone District does not generate enough waste to require a larger trash / service area at the present time, any future change in the permitted or conditional use of the building such as a Food Market, Service Commercial Establishments (Catering), or Restaurant would be encumbered by not being able to provide the required adequate trash / utility service area needed because of the locked-in situation created by this proposed development. Further, Staff indicated that the applicant could reduce the garage to a two car garage alleviating adequate space to access the trash /utility service area. STAFF RECOMMENDATION: Staff recommends denial of the variance from trash / utility service area requirements as part of a proposed garage addition located on the rear of the Charles Cunniffe office building at 610 East Hyman Street, finding that the Review Standards have not been satisfied. ALTERNATE STAFF RECOMMENDATION: Staff recommends approval allowing a variance from trash / utility service area requirements as part of a proposed garage addition located on the rear of the Charles Cunniffe office building at 610 East Hyman Street with the following conditions: 1. That the applicant reduce the proposed three car garage to a two car garage alleviating adequate space to access the trash / utility service area from the alley; 2. That the applicant receives approval from the City Engineering Department for design of improvements. This includes grading, drainage, transportation, streets, landscaping, and encroachments within public right of way; 3. That the applicant receives approval from the Streets Department for mailboxes, finished pavement, surface materials on streets, and alleyways; 4. That the applicant submits a drainage report. The site development approvals must include the requirement meeting runoff design standards of the Land Use Code m..1 N'lemora] :lint: Section 26.580.020(A)(6)(a). Further, prior to the building permit application, the applicant submit a drainage mitigation plan (24"x36" size plan sheet or on the lot grading plan) to meet the requirements of the Engineering Department Interim Design Standards for review and approval by the Engineering Department; 5. That drainage onto the public right-of-way is restricted pursuant to City of Aspen Municipal Code Section 21.04.120 - Draining Water Onto Public Right-of-Way Restricted. Due to lack of open space on the property and the abundance of impermeable surface, all drainage must be retained onsite. All roof drains, foundation drains, and building guttering systems must be contained on site via dry wells; 6. That all proposed improvements including landscaping and street cuts to the public right-of-way must be approved by the City of Aspen Engineering Department and must adhere to the latest version of the City of Aspen Interim Design and Construction Standards; and RECOMMENDED MOTION: "I move to approve Resolution No. , Series of 2000 for Special Review of a variance from trash / utility service area requirements as part of a proposed garage addition located at the rear of the Charles Cunniffe Architects office building at 610 East Hyman Street with the conditions in the draft resolution." CITY MANAGER: ATTACHMENTS: EXHIBIT A -- REVIEW CRITERIA, STAFF FINDINGS EXHIBIT B -- ORTHO PHOTO OF PARCEL 2737-182-12-004 EXHIBIT C -- PHOTO OF EXISTING SPACE FOR THE PROPOSED GARAGE EXHIBIT D -- APPLICATION LETTER EXHIBIT E -- RESOLUTION NO. , SERIES OF 2000 '': 1 1, 1 ti. 12! gn kntt )1'kijidum EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS SECTION 26.575.060 UTILITY /TRASH SERVICE AREAS A. The following provisions shall apply to all utility/trash service areas: 1. All utility/trash service areas shall be fenced so as not to be visible from the street, and such fences shall be six (6) feet high from grade. All fences shall be of sound construction and shall be no less than 90% opaque. STAFF FINDING: The proposed utility / trash service area will be screened from the street by the nature of the proposed covered walkway, back wall of the proposed garage, and half wall which forms a 41" wide pathway to the proposed utility / trash service area. There is no need for a fence in this case as the area will be unseen from the alley. 2. Whenever this Title shall require that a utility / trash service area be provided abutting an alley, buildings may extend to the rear property line if otherwise allowed by this title provided that an open area be provided which shall be accessible to the alley, and which meets the dimensional requirements of Chapter 26.480. STAFF FINDING: The proposed (7'-10" x 6'-11") utility / trash service area does not abut the alley however, it is provided with a pathway open to the alley. Staff finds, pursuant to this criterion, that buildings may extend to the rear property line provided that an open area is provided which shall be accessible to the alley. However, the applicant proposes a pathway that is 41" wide to access the open area. However, staff finds this proposed pathway width is too restrictive for other future permitted and conditional uses, which might occupy the space and generate much more waste than the current use. Staff finds that the proposed development does not meet this criterion. 3. A minimum of fifteen (15) linear feet of the utility / trash service area shall be reserved for box storage, utility transformers or equipment, or building access, and a minimum of five (5) linear feet of the utility/trash service area shall be reserved for trash facilities, unless the dimensions of the area are authorized to be reduced by the Planning and Zoning Commission by special review (see Chapter 26.430) and in accordance with the standards set forth below at Section 26.575.060(B). STAFF FINDING: The applicant pursuant to the Land Use Code is required to provide 1.5 spaces for every 1,000 square feet of net leasable area. The building currently contains 2,924 sq. ft. of net leasable space that equates to required provision of 4.3 off-site parking spaces. The placement of the required minimum of fifteen (15) linear feet would not allow the applicant f iiI $ c 4 V P u :t! 1:r.31 (tlti i to provide the existing off street parking, thereby creating hardship. Staff finds the existing provision of three off-street parking spaces, which will remain as part of this development, could be accommodated with a reduction in this fifteen (15) linear feet requirement while allowing for an adequate utility/trash service area. B. Review standards for reduction of dimensions. The Planning and Zoning Commission may reduce the dimensions of a utility / trash service area by following the special review procedures set forth at Chapter 26.430 if: 1. There is a demonstration that given the nature of the potential uses of the building and its total square footage, the utility / trash service area proposed to be provided will be adequate. STAFF FINDING: Staff finds the proposed utility /trash area is inadequate. The building is owned and occupied by Charles Cunniffe Architects, which contains eleven (11) employees. Currently, the cleaning service employed removes trash and recycling from the site essentially eliminating the need for an exterior trash storage area. Staff finds that even though the current permitted use as a "professional office" use in the C-1 Zone District does not generate enough waste to require a larger trash /service area at the present time, any future change in a permitted or conditional use ofthe building such as a Food Market, Service Commercial Establishments (Catering), or Restaurant would be encumbered by not being able to provide the required adequate trash / utility service area because of the locked-in situation created by this proposed development. Further, Staff indicated that the applicant could reduce the garage to a two car garage eliminating the west wall of the garage enlarging the access to the utility / trash area. 2. Access to the utility/trash service area is adequate. STAFF FINDING: The proposed development provides three ways of access to the utility / trash service area: 1) a 41" wide covered pathway from the alley, 2) the existing rear entry of the building, and 3) a lower level door on the basement level opening to the existing light well area which is adjacent to the utility / trash service area. Staff finds this development provides inadequate access to the utility / trash service area via the 41" pathway which would encumber future uses from providing adequate space to the area. 3. Measures are provided for enclosing trash bins and making them easily movable by trash personnel. STAFF FINDING: Staff finds that even though the current permitted use does not generate enough waste to require a larger trash /service area at the present time therefore requiring minimal trash bins easily maneuvered through the 41" pathway, any future change in a permitted or conditional use could be encumbered by not being able to provide the required adequate trash /utility f) 10 L 1!\ jiltin Memoranditin service area or access because of the locked-in situation created by this proposed development. 4. When appropriate, provisions for trash compaction are provided by the proposed development and measures are taken to encourage trash compaction by other developments on the block. STAFF FINDING: Staff finds that trash compaction is not necessary for this development. 5. The area for public utility placement and maintenance is adequate and safe for the placement of utilities. STAFF FINDING: Utility meters will be easy and safe to read by the personnel from access from the rear entry door and the pathway from the alley. 6. Adequate provisions are incorporated to ensure the construction of the access area. STAFF FINDING: The proposed access to the area from the alley and existing rear entries will remain open. However, staff finds it to be too restrictive for potential future use. t, 1 0 1,-]11,1{ 11'11'll:Miâ€ž-<41111!111-1 610 E. Hyman St. C. Cunniffe Architects Bldg Z.lmp 0 Zone District: Cd v (0.D /4.. ... 1.+ .. r .-t , q. % ,.% .Al.li.... . 0 . 0. . 4, a .. , e, I ,/4 I -4 J .. I * $ ./ 4 a i . It 4 - i..tel 1. V.. f 4' 0 0 .. + ./P / .~71 . 4 . ~L 1 tli ~--2 1 El lik=' 4% -, le 4~ ,~i I EXHIBIT B PHOTO OF PARCEL: 2737-182-12-004 EXHIBIT C PHOTO DOCUMENTATION OF EXISTING SPACE - ..t I~ Â» f I >A . .... 4 2* .1' ~Â· 1 I J. 1 2% 4 l~ 4 Y, - 4 1 4% - yewy . 1 .. I . .... .. I. I . - I . /1 - . Southerly View showing cars in the rear of the Charles Cunniffe office building located at 610 East Hyman Street where the proposed three-car garage will be located. *. 1 \ . , Af : I I *1Â·04 .. - *-I .7 - .- - + - - I + . - Southerly view of the rear entrance to the office Existing light well /patio adjacent to the rear of the building. Trash / Utility Service Area is proposed in office building and served by a basement door. adjacent to this entrance. ..A CHARLES CUNNIFFE ARCHITECTS 610 E HYMAN ASPEN CO 81611 TEL 970 Â· 925 Â· 5590 EXECUTIVE FAX 970 Â· 925 Â· 5076 ARCHITECrURAL CHARLilb L. CLININW/t, AIA FAX 970 Â· 925 Â· 4557 PRINCIPAL/CEO WWWCUNNIFFE.COM June 14, 2000 JANVER C. DERRINGTON, AIA PRINCIPAL Nick Lelack City of Aspen Panning Department Dear Nick: Subject: Special Review The proposed 610 building project is to add a garage behind Charles Cunniffe Architects office building at 610 East Hyman Ave. We are proposing to enclose the existing off street parking adjacent to the alley, create a covered pathway to provide access to existing rear egress from the office building and use the unheated basement space below the garage as storage. The development complies with Commercial (C-1 ) zoning in that it will not change the use of the property, the height limit will not be exceeded, the lot will remain greater than 25% open space and the external floor area ratio will remain unchanged. We seek a variance to supplemental regulation 26.575.060, utility/trash service areas. This section has three requirements of the area: 1, A minimum of six foot high fencing is installed for visual screening frorn the street; 2. The utility/trash service areas abut an alley and; 3. A minimum of fifteen linear feet be reserved for the area with a minimum of five feet be reserved for the trash facilities. The proposed utility/trash service area will be screened from the street. The proposed (7'-10" x 6'-11") utility/trash service area does not abut the alley however, it is provided with a pathway open to the alley. If the area is to comply with the fifteen linear foot requirements, we would be unable to provide the existing off street parking, thereby creating hardship. Review standards, to which we cornply, for the reduction of utility/trash service area are: 1. The area is adequate. The building is owned and occupied by Charles Cunniffe Architects. The cleaning service employed removes trash and recycling from the site essentially eliminating the need for a trash area. 2. Access to the utility/trash service area is adequate. The pathway to the existing rear entry to the building is adjacent to the trash area. 3. The trash bins, located behind the proposed garage, will be screened from view of the public way and bins will be purchased with wheels for ease of mobility. 4. Trash compaction will not be necessary. 5, Utility meters will be easy and safe to read by personnel. 6. Access to the area will remain open to the existing rear entry as part of the proposed development. Two variances are on record at the clerk's office. While both are in the commercial core zoned district, there is precedence for granting a variance for the reduction of a utility/trash service area. For more information regarding each case, please see the attached or case files for, 78-8, Mazza, Anthony J., 434 E. Cooper Street, Lot K, Block 87, City of Aspen; 79-1, Fliesher, Donald J., Tom Thumb Building, 400 E. Hyman, Lots K & L, Block 88 City of Aspen. Respectfully, Charles Cunniffe, AIA ARCHITECTURE Â· PLANNING Â· INTERIORS ASPEN â€¢ CARBONDALE Â· TELLURIDE Â· VAIL M~~~yRd..,) i .AI- -----7# i % 1 /9 * ' ~ ,~ ~ j:0 Tent 1 ,-"2-i~odouc*Â£4 418. :93 I,& '. 6 % Golf Course Hunter v , , g 11*,6+ Â»---Ur-SÂ» 1 ,.-4 29 1 ,~07 1~-- ~ ~449*9/*As ; Â» 4-1 r - \Mne St 4 4-Â·Â·-6~54 793, frt ' 4 1 ..1 14.4, 3-, , 1% : Mic< , #4/ - 71..+4/ # :t-Â·... f.- 1 '1 , 4 1 4 4,1 *f ,p -*- *AL *~11,-v,0~ 2--~v-1.w-4,4. f''A-. r 49:*itr~~~~ :3.-W 1 .- s:--4'*4mist j K,- . 979- . 2~-3 1 -. -~L-.t-.8,~61:--1 ft>4-rip 'A,".eT f t-.1 * lTent <1 -Â·4~, 61. - 'Imit f ..AM Mill'' j /-Â©eatre foui AG, WIne St i') - 0 e/# /lv --:<-~ / 1/~~~Stâ‚¬.<1Â«-4 #/ â€¢7 M. 1.31 30% 40.44 - 41 'abÂ© 5 '94-4 Â¢â‚¬E &% (.4..AWN F fe. Â£1 i.~-,Alfp,HA~-~~f.TL # AL% &*AÂ· Qt4*#ldishiP{4*3. 1 83* 16, h 1 f 00 74 i *-1, ~j--lft. j '3~ #p..Mi 4 i 'f-~i diSOutl~Avfr.~*C~.F.,4,6 9 J (0' ., }fl.25'4.15 J 1 9 11 -< 2 ..42.12/7 2 4- 0 0% I: I. 1 Aspen 44472Â¢%4137.J Â»3 7.18- . 3<** A ' 1, gl 7- 41 ./T,e',4/2 ,/ 4-- C 5 J G//1'W'*t21~* ~~1 +93'bC;>I-<44~ (2 ~ ~6ii~- ~' Summit;St / .' ' 4.tr" r' U. 2-n Se / 11 14: 4,644-'4&19 2 f - 7%,1*h et{97 :0 494*,4''m E 1 2 04% ~ Â»1 -lf 49 A ,/139 Rd 4*Z#" 1/ Rr '10~6.kff 4- 4 1 1 -flt 42- 1/ 11 a.fl ...1 18,Pen Gtove , t .../ 7'Lfu '...0 .Frel'viel, t. ht 1 . 4.4~/. 8,24**0 2 11 3. Â·~- ''-7 44, A Â·Â· 1Â¥clor -4 1-1,Y 1 1 4% 943).4-~~~~Rd + ""-:Sb i 43 -Af.*. . ~ r â‚¬1 Â·~ 9 Le t' % /01 1 1 1 t &. -I-. 9@10 an Nl 1 --- ALLEY 1: 1 1- i BLOCK 99 1 26 ------ - I 1 1 ; 1 i 1 1 N Or, 7'* .-%.3 4'MA Iii i *24 G . '44* 1 '1 1 1 1 . ' 1 If l. EXISTING / //714 / f / LOT K 12! , ' LOT L , illl 0 Itt f i - 1 0 1 1 N------ i 1 1 i 1 1 :! 1 _ , i LOT N , 11 1 11 ---- , 1 : *-- P // / fl - Â»45 h, , 1 1 1 , : f ' (1 11/ 1 1 1 , d -g- , / -- AL ;' / / / 44 / --/ , , / ----------3. emver E. HYMAN AVENUE ~ SITE PLAN 1" = 20' 610 BUILDING CHARLES CUNNIFFE ARCHITECTS /1. 610 E. HYMAN 183 ASPEN. COLORADO 3. HUNTER TREET l Pursuant to the provisions of the Zoning Regula- tions of the City of Aspen, a building constructed in the commercial core area is required to have a 30' x 10' x 10' trash access area. It is the contention of applicant that this requirement when applied to this particular lot would create a hardship. Applicant intends to build a three story building, 1/2 story of which shall be below grade and 2-1/2 stories shall be above grade. Due to the fact that applicant is in the Main Street view plane, applicant would not be able to construct a three story building above grade due to the afore- mentioned view plane. The only way applicant could build a three story building would be to place a 1/2 story below grade, as planned, or a full story below grade. By placing a full story below grade, applicant would be forced to increase the length and dimension of the stairways and stairwells neces- sary to provide access to the lower level (see plans tendered herewith), thereby creating less greenery in the open space (corner of Mill Street and East Hopkins). Furthermore, due to the grade of this lot, to construct .a floor below grade, applicant would have to excavate approximately 1-3/4 stories below grade. The depth of said below-grade story would markedly increase the number of steps in the open space area (the computation of stories (feet) below grade and increased number of steps in the open space caused by placing a story below grade will be fully explained by our architect, Welton Anderson, at the public hearing). Also, due to the grade of the lot, the placement of 1/2 or 1 full story below grade would necessarily delete 300 square feet of buildable space from each of applicant's first 2 stories (this will also be fully explained by Welton Anderson at the public hearing). It is, therefore, the contention of applicant that from an aesthetic and practical point of view, a building 1/2 story below grade and 2-1/2 stories above grade would be best suited for this piece of property. The reason for the aforementioned three stories is twofold: (1) In order to achieve a 1:5 to 1 F.A. R., or 4500 square feet, applicant has to incorporate a third floor when considering the open space and trash access area requirements. Pursuant to present regulations, applicant would only be allowed to construct 1950 square feet on each of the first two floors. Therefore, a third story is mandated. (2) Applicant desires to provide two units of employee housing. In order to do so, a third floor is required. To comply with existing requirements, applicant can only place 1950 square feet on each of the first two stories. Applicant, in order to construct two employee housing units, would have to construct 2100 square feet on the third floor. By virtue of adding the extra square footage to the third story, which addition is necessitated by cur- rent regulations, applicant would be forced to provide a second stairway and hallway to the top floor. This requirement would effec- tively preclude construction of employee housing on the top floor because same would be rendered architecturally unfeasible. It is, therefore, the contention of applicant that a hardship is created by virtue of the trash access area 2. , requirement and that a variance should be granted, and in fact is mandated, namely, reduction of the required trash area to a square footage which would facilitate trash storage and trash removal on applicant's land. Such a variance would provide more retail space on the two lower stories and per- mit applicant to construct a top floor with square footage which would not require a second stairway to the top floor, thereby permitting applicant to construct two employee housing units on the third story. If a variance were not granted, an additional hardship would be created with reference to the build-ing due to the fact that the two lower levels of appli- cant's building would lose 300 square feet of retail space per floor due to the present trash access area requirement when coupled with the view plane requirements and grade of the lot. 3. January 10, 1979 Mr. Clayton Meyring Board of Zoning Adjustment City of Aspen City Hall Aspen, Colorado, 81611 Re: Tom Thumb Project Dear Mr. Meyring: The proposed Tom Thumb Building Project is comprised a[%â€ž of approximately 6,500 s.f. of renovated existing building space and approximately 5,400 s.f. of new construction, of which 1,900 s.f. is devoted to employee housing. The project is located in the CC Il,1Â§13.2. Zone and is within a Historic overlay district. 4 Ir IK (jrly, zoning code which basically requires that the entire We seek variance to Section 24-3.7 (h) (4) of the 1/ t. length of the building adjacent to the alley be devoted to covered trash access (10ft. high and 10 ft. deep). As denoted in the project plans, an area 30 ft. long (by the code requirement height and width) has been provided exclusively for trash storage and access. By any standards of trash generation and normal refuse pick up for a commercial/residential building of this size the dimension requested is more than adequate. This project has been reviewed by various agencies required for Growth Management Plan (GMP) approval in 1978. In response to a concern of the Historic Preservation Committee the refuse area was moved inward from the alley intersection with Mill Street to nullify the negative visual effect of refuse near the street (pedestrian view) and to achieve visual continuity with nearby buildings who similarly did not locate refuse areas adjacent to street/alley intersections. The building was subsequently planned under this criteria. The written report from the HPC (Sec. 24-9.15) prior to Board of Adjustment action on this request should verify this concern. We request approval of this variance on the grounds that it will result in a reasenable use of the land, building and structure consistant with the intent of the zoning code and HPC and that the GMP approval constitutes a special condition that did not apply to other properties 620 East Hyman Avenue Â· Aspen, Colorado 81611 Â· Telephone: (303) 925-2122 , January 10, 1979 Mr. Clayton Meyring Page 2 in the vicinity. Respectfully submitted Â» 9/904 Donald J. Fleisher for Aspvail Investments UHARLES CUNNIFFE ARCHITECTS 610 E HYMAN ASPEN CO CE 81611 TEL 970 Â· 925 Â· 5590 EXECUTIVE FAX 970 Â· 925 Â· 5076 ARCHITECTURAL CHARLES L. CUNNIFFE, AIA FAX 970 Â· 925 Â· 4557 PRINCIPAL/CEO WWW.CUNNIFFE.COM JANVER C. DERRINGTON, AIA PRINCIPAL June 19, 2000 Nick Lelack City of Aspen Panning Department Dear Nick Lelack: Subject: Special Review Here attached is an application for special review for a variance to supplemental regulation 26.575.060. I can be contacted at the address on this letterhead. In my absence, please contact Steven Dunn during business at the address on this letterhead. Respectfull~. Charles Cunniffe, AIA ARCHITECTURE Â· PLANNING Â· INTERIORS ASPEN Â· CARBONDALE Â· TELLURIDE Â· VAIL A I No 1015 .UL n nob-021 r~:Mar,18, 2000' 2:17PM ,(WI. 4, e urli/1/ AJOCA/ ifU044U0UI FÂ· L Ir' ,;1: 1, Il, >1 2. -' u)6004(44-75-550' Land Title Guarantee Company 1 1 14Â·. Date: February 19,1999 *fi.11 ' . mwÂ·Â·r:; '-Â·~ " 47~~~'17fy" 9 ir:hANK tOLORADO, N.A, Aw.e:. ti,ouurH MILL STREET *1Â· ?f ASPEN, CO 81611 flÂ¥ ' r LIZ COLLIER 2Â· ? ; Re: Your Ref. Number rÂ¢ 1 Enclosed p[ease flnd your Land Title Guarantee Company loan policy insuring the property at 4Â· 410-E-HYMAN. ASPEN. CO Still 3 >1 wdowned by 610 EAST HYMAN, LLC, A COLORADO LIM]TED LIABILITY COMPANY ~ P., The following endorsements are Included in this policy; a. 11.1 Endor:emen, 103.2 1. t . P.~i' 1,~ "1) , 4 . Please review this policy in its entirety, In the event tliat you find any diAcrepancy, or If you have any questions ~8.,! or comments regarding your policy, you may contact Title Department P tr Â¢Â·i"I)\'Phone: 970-923-1678 Fax: 970-925Â·6243 ' ' ' r: Please refer to our Order No, Q380075 . We at Land Title Guarantee Company believe in delivering quality producta that mcct your needs, and our goal M to provide the moit efficient reliable service In the industry. Thank you for giving us the opportunity to serve youl I Sinceret~' guid Title Guarantee Co~pany 81 - '2' it 4 Â£ Received Time Jun.14 1:21 PM ,<,Nar.16 2000' 2:20PM Anggl DAfiA Aar:81 2705440501 No.1015.or/P. 1,b-021 I,0FG Policy No. LTFJ380075 1 ~ J j Form AL/ORT .. 1 1 4 '1.11.11 :4 2 i .t Our Order No. Q380075 Amount 31,207,500.00 Schedul. A li t Property Address: 610 B HYMAN, ASPEN, CO 81611 .1 5 /1 1 February 18, 1999 at 4:11 P.M. ~ r 2. Name of Insured: 2 ,;'~ NORWEST BANK COLORADO, NATIONAL ASSOCIATION 4 3. The estate or interest in the Innd described or referred to In thi, Schedule and which is covered by this policy i.q: '11,1 A Fcc Simple ' LL 4. Title to the estate or interest covered by this policy at the date hereof is vested Iii: 3 112 .1 610 EAST HYMAN, LLC, A COLORADO LIMITED LIABILITY COMPANY 'Ur :,1 1 5, The mortgage, herein referred to 85 the Insured mortgage, and the assignmetils thereof, if any ore described as follows: 4. DEED OP TRUST DATED FEBRUARY 08, 1999, FROM 610 EAST HYMAN, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLTC TRUSTEE OP PITKIN COUNTY FOR THE USE OF NORWEST BANK COLORADO, NATIONAL ASSOCIATION TO ~ ~ ': SECURE THE SUM OF $1,207,500.00 RECORDED FEBRUARY 18, 1999, UNDER RECEPTION NO. 427915. SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF LEASES AND RENTS RECORDED FEBRUARY 18, 1999, UNDER RECEPTION NO. 427916. 1.0 9 6. The land referred to in this policy is described as rollows: ~ i c LOT M, BLOCK 99, CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO This Policy Valid only Ir schedule B la attached. - , Representing Old Republic National Title Insurance Company Received Time-Jun 14 -1:21PM -Mar.16. 20004 2:21PM ~KWt,1 gANK AWKEN 3705440501 No 1015Â·10/p, 10-021 61 LAND TITLE GUARANTEE COMPANY , pated February 19, 1999 ENDORSEMENT 103.2 Cas. 9380075 ' :f f , Policy LTFJ380075 ~ 'Â·,6 Loan # ED ~~t Property Addriss 610 5 HYMAN, ASPEN, CO 81â‚¬11 /0,. " Owner 610 RANT HYMAN, LLC, A COLORADO LIMITED LIABILITY CaMPANY The company hereby insures against loss or damage which the Insured rd Â· â€¢hall muntain 1 in the event that the owner of adjoining land shall compel,,pursuant '.' ~ to final judgment or court decree, the forced removal of any portion 1. 9 1 of the improvemencs on the insured land which encroach upon said adjoining land as referred to in paragraph 9 of Schedule B-I. The total liability of the company under said policy and any endorsements :, therein ahall not exceed, in the aggregate, the face amount of said policy 4 and COSCS which the Company is obligated under cha Conditions and Stipulations I b, , r thereof to pay. ' This endorsement is made a part of Eaid policy and is subject to the Schedules, Conditions and Stipulations Cherein. except aa modifiâ€¢d by the f, Â· Provigions hereof. 3 wÂ· This endorsement is not to be construed as insuring the title to said ~9. estate or interest as 01 any later than the date of gaid policy, except as herein expressly provided as to the subject matter hereof. 11 2 Representing Old Republic National Title Insurance Company Received Time Jun 14 1:2]PM ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Club Con,NG (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. , AFLICANT has submitted to CITY an application for A~Urbon & a 4 car la,ap 40 1py,41 4 &)O Eue-1- 4-11,*iq#, Aue. (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 45 (Series of 1999) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 1 42-8 which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By.$-Â«62--4 Julie Ann Woods Community Development Director Date: /2 - I 4- t-0 Mailing Address: 210 82 #uan U A,rii ,(0 81(d g:\support\forms\agrpayas.doc 12/27/99 I . , ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FoRM project: 01(7670â‚¬ &211:017. MC c tee fdifit,1 Applicant: Cllai ~ely (c 11,1, ~fe, Location: Ulo fo,7-1 Al *'A 4 6 1 1 pr/741 , r 0,1 Zone District: C, 1 Lot Size: 3 000 1 4 Lot Area: 340 94 (fdr the pur#oses of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: 'Ewl Proposed. 0 Number of residential units: Existing: 0 Proposed: 0 Number of bedrooms: Existing: 0 Proposed: i, Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: lEE.4 Allowable: %000 Proposed: 1922â€ž50- Principal bldg. height: Existing. 28,<-3 ~ Allowable: 40<-Ck Proposed: 19>- 3," Access. bldg. height: Existing: O Allowable: 4604 Proposed: 1208?41\ On-Site parking: Existing: 3 Required: 3 Proposed: 6 % Site coverage: Existing: Required: Proposed: % Open Space: Existing: *1 141Required: ZhÂ°k Proposed: 'ly72-7ft, Front Setback: Existing: lo Required: dwe Proposed: 12 Rear Setback: Existing: 36'-1 'I Required. /Jotit: Proposed: 0 Combined F/R: Existing: 46' -14 Required: de'le Proposed: fol Side Setback: Existing: 0 Required: 0 Proposed: u Side Setback: Existing: 0 Required: 0 Proposed: 0 Combined Sides: Existing: 0 Required: O Proposed: r Existing non-conformities or encroachments: 0 1, 1 11 Variations requested: [074 *12Â¥r,COP (PAL(ttal for t,ael} 1 d finÂ·~ Offl'leâ‚¬ (1(fal. - LAND USE APPLICATION PROJECT: Naine: (~~ulv AJAA'oi, al 610 oCCe \Ao,Ul,li Location: ulp 64 104 NAB Aoe. Â»,1 CO (Indicate street addrtss, lot & blocL number, legal description where appropriate) APPLICANT: Name: 2,696 0,4 AA, IU NA Address: GIC' f.401 111*011 t\Jâ‚¬ 1 befÂ°1 Phone#: 7%0 9990 REPRESENTATIVE: Name: ~~Ad,1 ''021}11 Address: Mb Â£44 \\1)inj, Ace , )*en Phone#: Clig- 9910 1 TYPE OF APPLICATION: (please check all that apply): Conditional Use E Conceptual PUD E Conceptual Historic Devt. Special Review E Final PUD (& PUD Amendment) ~ Final Historic Development Design Review Appeal El Conceptual SPA E Minor Historic Devt. GMQS Allotment ~ Final SPA (& SPA Amendment) E Historic Demolition GMQS Exemption ~ Subdivision %1 Historic Designation ESA - 8040 Greenline, Stream El Subdivision Exemption (includes El Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane El Lot Split El Temporary Use gl Other: ~ Lot Line Adjustment El Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 2_ Â«ori~ o.,ce. 4,~1~ atj bv.-titiewi. 06 4#jjny used by (*16/wujrf Arl~~-41 PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) P hALI or a 3 an- 1(1 611 e AnA Â£.*Yan u le,f 10 ill 1104 01 lott H-1 4 \- r Have you attached the following? FEES DUE: $ ~52,5 ~ Pre-Application Conference Summary .g] Attachment # 1, Signed Fee Agreement 7~ Response to Attachment #2, Dimensional Requirements Form 3 Response to Attachment #3, Minimum Submission Contents 11 Response to Attachment #4, Specific Submission Contents Â® Response to Attachment #5, Review Standards for Your Application EmumBE MEMORANDUM To: Fred Jarman, Planne r.~p From: Ben Ludlow, Project Engineer- Date: July 11, 2000 Re: 610 E. Hyman Special Review The City of Aspen Engineering Department has provided the following information. The information is based upon City of Aspen Municipal Code and the latest version of the City of Aspen Interim Design and Construction Standards. A. Work in the Public Right of Way - Requirement - Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: Approvals 1. Engineering: The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including grading, drainage, transportation/streets, landscaping, and encroachments within public right of way. 2. Parks: The applicant receives approval from the Parks Department (920- 5120) for vegetation species and for public trail disturbance. 3. Streets: The applicant receives approval from the Streets department (920-5130) for mailboxes, finished pavement, surface materials on streets, and alleyways. 4. Permits: Obtain R.O.W. permits for any work or development, involving street cuts and landscaping from the Engineering Department. B. Site Drainage - Requirement - A drainage report was not submitted with the application. The site development approvals must include the requirement meeting runoff design standards of the Land Use Code at Sec. 26.580.020.A.6.a and a requirement that, prior to the building permit application, a drainage mitigation plan (24"x36" size plan sheet or on the lot grading plan) must meet the requirements of the Engineering Department Interim Design Standards and must be submitted for review and approval by the Engineering Department. The mitigation plan must also address the temporary sediment control and containment plan for the construction phase. If drywells are an acceptable solution for site drainage, a soils report must be provided with a percolation test to verify the feasibility of this type of system. Drywells have depths well below depth of frost (10' minimum) to function in cold weather. The drainage plan must contain a statement specifying the routine maintenance required by property owner(s) to ensure continued and proper performance. Drywells may not be placed within public right of way or utility easements. The foundation drainage system should be separate from storm drainage, must be detained and routed on site, and must be shown on drainage plans prior to application for building permit. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the detention volume meet the design storm. C. Drainage on to the public right-of-way is restricted pursuant to City of Aspen Municipal Code Section 21.04.120 - Draining water onto public right-of-way restricted. Due to lack of open space on the property and the abundance of impermeable surface, all drainage must be retained onsite. All roof drains, foundation drains, and building guttering systems must be contained on site via dry wells. D. All proposed improvements to the Public right-of-way must be approved by the City of Aspen Engineering Department and must adhere to the latest version of the City of Aspen Interim Design and Construction Standards. E. The City of Aspen drainage criteria needs to be implemented. This includes but is not limited to erosion control, soil stabilization, and vegetation disturbance. Also, there needs to be an analysis of where the drainage will flow and what adverse affects may arise from potential mud and debris flow due to the additional building footprint created by the proposed project. I tIa 610 E. Hyrnan St. Al, C. Cunniffe Architects Bldg Z-lrui Zone District: 01 1 j -9 1- 7. - .. i - .. - . . 0 . 8 Â·* , .I . . 3_1 iM,Aurea , t 1 4 --+ 1 . i> t. ' 4 ~4133Â·j jit 9Â»-_ â€¢-1/.f . 1 Â£- 27 /& 1 w r-Â·, 4(-7**- *1 4 I. 4 7 - %4~~. . 1 ., 6 i . . 1 1 1 - 1 Â« 4.34 + i 0 . 4 . 1 + / f V T . 1 1 1 11" . 1 - 41. 1 : - /1 - ...' - .*.= M....il A ... 5> 1 4.. 0. 1 . ~ 73*il I j t - ./2 ---3---- * * 4. . i ~h..#-il' I .L - Â·. 1 m nVE{f 0 6 - L to -L-[17 AlÂ°*1 4- . S-Af>'.u'l 12:-1.. -t.<.... 2 4. 930 3:.20' 35Â£Â£Â£*- 1 < - -1- ~ f.12' E l v>v 63 4 / r.f. 4/f~) -1 G . 9/to . 1 S-6 . 3 fo,/4 R#- 12#141,0 11 A Ji- 011.1.3 J t/t: 1.- 1-77 / TA.-4 441,A, 0.0,4.0 It 1- (-5- 2& IPT. o C.dj - V D ,9 _ 1 02 6Â» 1 .4 6 Ad A 4 1 "~ 6 ~-~Câ€¢'L~~ i 3% /Â«11.- i C 1 11 V/1 1, 429 4.- pok<7> 1/G.4, 11Â«v VA .* pj' 4 A-16 L A 6 A.-< FU 04# /4*<OAL ~ -p 0141 . Ad.*/1 -P 4-*14 ~Â«,7." 5,Â«- A- 1 - . . .. CHARLES CUJNINIFFE ARCHI1ECTS ~ 610 E HYMAN ASPEN CO CD 81611 TEL 970 Â· 925 Â· 5590 EXECUTIVE FAX 970 Â· 925 Â· 5076 ARCHITECIURAL CHARLES L. CUNNIFFE, ALA FAX 970 Â· 925 Â· 4557 PRINCIPAL/CEO WWW.CUNNIFFE.COM June 14, 2000 JANVER C. DERRINGTON, AIA PRINCIPAL Nick Lelack City of Aspen Panning Department Dear Nick: Subject: Special Review The proposed 610 building project is to add a garage behind Charles Cunniffe Architects office building at 610 East Hyman Ave. We are proposing to enclose the existing off street parking adjacent to the alley, create a covered pathway to provide access to existing rear egress from the office building and use the unheated basement space below the garage as storage. The development complies with Commercial (C-1) zoning in that it will not change the use of the property, the height limit will not be exceeded, the lot will remain greater than 25% open space and the external floor area ratio will remain unchanged. We seek a variance to supplemental regulation 26.575.060, utility/trash service areas. This section has three requirements of the area: 1. A minimum of six foot high fencing is installed for visual screening from the street; 2. The utility/trash service areas abut an alley and; 3. A minimum of fifteen linear feet be reserved for the area with a minimum of five feet be reserved for the trash facilities. The proposed utility/trash service area will be screened from the street. The proposed (7'-10" x 6'-11 ") utility/trash service area does not abut the alley however, it is provided with a pathway open to the alley. If the area is to comply with the fifteen linear foot requirements, we would be unable to provide the existing off street parking, thereby creating hardship. Review standards, to which we comply, for the reduction of utility/trash service area are: 1. The area is adequate. The building is owned and occupied by Charles Cunniffe Architects. The cleaning service employed removes trash and recycling from the site essentially eliminating the need for a trash area. 2. Access to the utility/trash service area is adequate. The pathway to the existing rear entry to the building is adjacent to the trash area. 3. The trash bins, located behind the proposed garage, will be screened from view of the public way and bins will be purchased with wheels for ease of mobility. 4. Trash compaction will not be necessary. 5, Utility meters will be easy and safe to read by personnel. 6. Access to the area will remain open to the existing rear entry as part of the proposed development. Two variances are on record at the clerk's office. While both are in the commercial core zoned district, there is precedence for granting a variance for the reduction of a utility/trash service area. For more information regarding each case, please see the attached or case files for, 78-8, Mazza, Anthony J., 434 E. Cooper Street, Lot K, Block 87, City of Aspen; 79-1, Fliesher, Donald J., Tom Thumb Building, 400 E. Hyman, Lots K & L, Block 88 City of Aspen. Respectfully, Charles Cunniffe, AIA ARCHITECTURE Â· PLANNING Â· INTERIORS ASPEN Â· CARBONDALE Â· TELLURIDE Â· VAIL A :-/h aÂ°*~16 j T Music ? b h 0 0 \ 5 4 Tent \ &5,5.Ili'ocd Duck Â£,7. 1 .9 11 2 G/Nesole St < ' i t..1' c~ . 'l 1 0 f f Af ...*.4.... 4 1 p.,rt--CLI , f.., k- , 1 -2.- Hunter o Bolf Cour.se i'. i /.PÂ«-- / ~ 14Â»dkÂ®ls C I . Â» Vine St 4 -1Â·Â·T. 9 , 1 - 1% 1. Â°iÂ« . I i -0 Lf--itt o - ' .4 -4 h. 0 ,/ 1 e t>Â·u-Â·'.044 0 * * Â»-443 1,39 / .,2,Â·242. 401 r.... 1 1 i i k -1-r<PA*14 i -*-1- 36,874<&&1<~~'126*biÂ£52 4~ne St ~ â€¢. r , f- :s'-%74.~/t'#' ---i f-j r ah,AS,-2,#Â· -J._ ~Ten~ ...194 22.. 4 ' #-i.4.1'- = trranclÂ« ./ A a\<B + *<.L 26., 1 141 / 4 -,Pe '9 11 1-..334 --Â»*s, pt 1 j.+ ~~~ Â§ C <Hos#-' - h i .,i :-& 6 0 444 :- 467- 1 4 1 2nN#%44% 1 , V FjOuTIA~Jft*41 -%. A .1 ,Â»4 4 path. -4'V?...?' 06067,4 170 12.5.15 i *pÂ·Â·sy ii - -4:*#k' zt : Pine*Â·Â·VY#Agat< S j i x,, ~~ )1 3 11 7~-12 Aspen 0* rE 'JAX U. Mal' 3Â£--t & AA i /' f i i ./ 1 1 ..; Â»W+7,5 4 -4"7.Atiot .//2/ C *â€žAA G/4~*29,4 jn,Fi~ul#rt.-4 h 908/Qui.TY'*frirt~d,Cri~ t' Â·444*Zi/:2):\4 h . Summ%St / ~~ ~*~ â‚¬!9,4A fr'Â·y"~..t..h,(-qÂ»e-a 'W~ ..I~ 1 -*LYaL. ; 0,, v *- i,- 1 Â» ' Age#,4*,â€¢ Pi fl.St"+-,4 D~lili Y*:,* eot i 4/1 Â· W-ki#Flv *292 ~04~7~fg Rd h.jilipt -t -0, '. 03.04 9 4/ ,1 1 1 A f Mrq#-rk~ ,) \ flig gi~.1.. /! fl,pen G~ove - Â· ' ,Â· - 11,0*14 -' '...3 i- --84.; 18 0, , R.79*Â» Of ,\0% 1 4 3 2. t.'- 4, ,&'40.'kÂ· 0' A 411. .4.91=-9 14% ,-I \7 * ~ Cry;laTUURd - \ Â·t r j 'L .7. r %0.. \4 \ /, %.kh , .\5R L?Â§)! N 1 j } 5 li i ALLEY BLOCK 99 i / 1, 1 1 1 1 2 j 1- i ' 1 j : -- ' , 1 1 -.N ' 1-- N 07-, 7Â·4 1 ~%..7 1 - 2>1 Il i 1 1 EX'~ST-~NG i j1, / ; f LOT K ' LOT L 1 4/ 1 1 1 1 1 / . 1 1 1 1 , -*. 1 T 1 l i , It i 1 1 , J / 2 i 1 1 -- 1 ' ' i Ii! ; n 44?4 7 ' i j I IiiÂ· 1 , : 1----- f 1 -I-.. -1- --*J E. HYMAN AVENUE ~ SITE PLAN 1,1 = 201 610 BUILDING CHARLES CUNNIFFE ARCHITECTS 1. 610 E HYMAN 113 ASPEN. COLORADO STREET S. HUNTER *A c=Fr 4. Pursuant to the provisions of the Zoning Regula- tions of the City of Aspen, a building constructed in the commercial core area is required to have a 30' x 10' x 10' trash access area. It is the contention of applicant that this requirement when applied to this particular lot would create a hardship. Applicant intends to build a three story building, 1/2 story of which shall be below grade and 2-1/2 stories shall be above grade. Due to the fact that applicant is in the Main Street view plane, applicant would not be able to construct a three story building above grade due to the afore- mentioned view plane. The only way applicant could build a three story building would be to place a 1/2 story below grade, as planned, or a full story below grade. By placing a full story below grade, applicant would be forced to increase the length and dimension of the stairways and stairwells neces- sary to provide access to the lower level (see plans tendered herewith), thereby creating less greenery in the open space (corner of Mill Street and East Hopkins). Furthermore, due to the grade of this lot, to construct a floor below grade, applicant would have to excavate approximately 1-3/4 stories below grade. The depth of said below-grade story would markedly increase the number of steps in the open space area (the computation of stories (feet) below grade and increased number of steps in the open space caused by placing a story below grade will be fully explained by our architect, Walton Anderson, at the public hearing). Also, due to the grade of the lot, the placement of 1/2 or 1 full story below grade would necessarily delete 300 square feet of buildable space from each of applicant's first 2 stories (this will also be fully explained by Welton Anderson at the public hearing). It is, therefore, the contention of applicant that from an aesthetic and practical point of view, a building 1/2 story below grade and 2-1/2 stories above grade would be best suited for this piece of property. The reason for the aforementioned three stories is twofold: (1) In order to achieve a 1:5 to 1 F.A.R., or 4500 square feet, applicant has to incorporate a third floor when considering the open space and trash access area requirements. Pursuant to present regulations, applicant would only be allowed to construct 1950 square feet on each of the first two floors. Therefore, a third story is mandated. (2) Applicant desires to provide two units of employee housing. In order to do so, a third floor is required. To comply with existing requirements, applicant can only place 1950 square feet on each of the first two stories. Applicant, in order to construct two employee housing units, would have to construct 2100 square feet on the third floor. By virtue of adding the extra square footage to the third story, which addition is necessitated by cur- rent regulations, applicant would be forced to provide a second stairway and hallway to the top floor. This requirement would effec- tively preclude construction of employee housing on the top floor because same would be rendered architecturally unfeasible. It is, therefore, the contention of applicant that a hardship is created by virtue of the trash access area 2. requirement and that a variance should be granted, and in fact is mandated, namely, reduction of the required trash area to a square footage Which would facilitate trash storage and trash removal on applicant's land. Such a variance would provide more retail space on the two lower stories and per- mit applicant to construct a top floor with square footage which would not require a second stairway to the top floor, thereby permitting applicant to construct two employee housing units on the third story. If a variance were not granted, an additional hardship would be created with reference to the building due to the fact that the two lower levels of appli- cant's building would lose 300 square feet of retail space per floor due to the present trash access area requirement when coupled with the view plane requirements and grade of the lot. 3. January 10, 1979 Mr. Clayton Meyring Board of Zoning Adjustment City of Aspen City Hall Aspen, Colorado, 81611 Re: Tom Thumb Project Dear Mr. Meyring: The proposed Tom Thumb Building Project is comprised IDIft % Il of approximately 6,500 s.f. of renovated existing building space and approximately 5,400 s.f. of new construction, of which 1,900 s.f. is devoted to employee housing. The project is located in the CC cil~1Â§13â‚¬I Zone and is within a Historic overlay district. 'flr.JIFt We seek variance to Section 24-3.7 (h)(4) of the zoning code which basically requires that the entire Irt. length of the building adjacent to the alley be devoted to covered trash access (10ft. high and 10 ft. deep). As denoted in the project plans, an area 30 ft. long (by the code requirement height and width) has been provided exclusively for trash storage and access. By any standards of trash generation and normal refuse pick up for a commercial/residential building of this size the dimension requested is more than adequate. This project has been reviewed by various agencies required for Growth Management Plan (GMP) approval in 1978. In response to a concern of the Historic Preservation Committee the refuse area was moved inward from the alley intersection with Mill Street to nullify the negative visual effect of refuse near the street (pedestrian view) and to achieve visual continuity with nearby buildings who similarly did not locate refuse areas adjacent to street/alley intersections. The building was subsequently planned under this criteria. The written report from the HPC (Sec. 24-9.15) prior to Board of Adjustment action on this request should verify this concern. We request approval of this variance on the grounds that it will result in a reasenable use of the land, building and structure consistant with the intent of the zoning code and HPC and that the GMP approval constitutes a special condition that did not apply to other properties 620 East Hyman Avenue Â· Aspen, Colorado 81611 Â· Telephone: (303) 925-2122 . January 10, 1979 Mr. Clayton Meyring Page 2 in the vicinity. Respectfully submitted Â»/7/0. Donald J. Fleisher for Aspvail Investments l i f r. ALLEY BLOCK 99 i 1 -- il i 1 - Iti! 1 1 ' f I i i j 1 1 : 12 1 f 1 1, , , , t-,11/ ; 1 1 1/ 49 - -- AREA 1 ' i . .*AGE ; f ff , 4 EXISTING LOT K 1, 1 fl' 1 1 ' LOT L 1 Il 1 1 - 1 1 4. , - / , 1 j ' 1 1 ; 1 1 r/: 1 / /0 1 i f ' LOT N, 1 j i -I -. -P -'#NG n OFFICE 11 0 -- < 3 4 j l: f 1 Ph ' i , I i ' J , 1- 1 7 , 1 J - / ''. *U 1 1 1 , t<-i /1 i A , -U...1 , -_2271â„¢ + i E. HYMAN AVENUE ~ SITE PLAN 111 - 20' 610 BUILDING CHARLES CUNNIFFE ARCHITECTS 1. 610 E. HYMAN Wa ASPEN. COLORADO 3. HUNTER TREET - CONNER WARREN J UND 10/20% INT CONNER MARGARET A(12/20THS) CONNER MARGARET A 534 E HOPKINS AVE CONNER WARREN J & CLAUDE 534 E HOPKINS AVE ASPEN, CO 81611 M(4/20THS EACH) ASPEN, CO 81611 534 E HOPKINS AVE ASPEN, CO 81611 ALPINE BANK ASPEN ALPINE BANK ASPEN ALPI1\IE BANK ASPEN A COLORADO BANKING A COLORADO BANKING A COLORADO BANKING CORPORATION CORPORATION CORPORATION 600 E HOPKINS AVE 600 E HOPKINS AVE 600 E HOPKINS AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ALPINE BANK ASPEN CLARK ROBERT TRUST ALPINE BANK ASPEN A COLORADO BANKING 620 E HOPKINS #5 A COLORADO BANKING CORPORATION ASPEN, CO 81611 CORPORATION 600 E HOPKINS AVE 600 E HOPKINS AVE ASPEN, CO 81611 ASPEN, CO 81611 ROTHBLUM PHILIP & MARCIA ALPINE BANK ASPEN ALPINE BANK ASPEN 624 E HOPKINS AVE A COLORADO BANKING A COLORADO BANKING ASPEN, CO 81611 CORPORATION CORPORATION 600 E HOPKINS AVE 600 E HOPKINS AVE ASPEN, CO 81611 ASPEN, CO 81611 CLARK ROBERT TRUST ALPINE BANK ASPEN HOPKINS ST VENTURE 620 E HOPKINS #5 A COLORADO BANKING C/O MULARZ TED ASPEN, CO 81611 CORPORATION PO BOX 1328 600 E HOPKINS AVE ASHLAND, OR 97520 ASPEN, CO 81611 CLARK ROBERT TRUST CLARK ROBERT TRUST ALPINE BANK ASPEN 620 E HOPKINS #5 620 E HOPKINS #5 A COLORADO BANKING ASPEN, CO 81611 ASPEN, CO 81611 CORPORATION 600 E HOPKINS AVE ASPEN, CO 81611 ALPINE BANK ASPEN CLARK ROBERT TRUST CLARK ROBERT TRUST A COLORADO BANKING 620 E HOPKINS #5 620 E HOPKINS #5 CORPORATION ASPEN, CO 81611 ASPEN, CO 81611 600 E HOPKINS AVE ASPEN, CO 81611 ALPINE BANK ASPEN CLARK ROBERT TRUST ALPINE BANK ASPEN A COLORADO BANKING 620 E HOPKINS #5 A COLORADO BANKING CORPORATION ASPEN, CO 81611 CORPORATION 600 E HOPKINS AVE 600 E HOPKINS AVE ASPEN, CO 81611 ASPEN, CO 81611 CLARK ROBERT TRUST CLARK ROBERT TRUST CLARK ROBERT TRUST 620 E HOPKINS #5 620 E HOPKINS #5 620 E HOPKINS #5 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 BERIRO MAURICE CLARK ROBERT TRUST CLARK ROBERT TRUST TROPICANA HOTEL & BEACH CLUB 620 E HOPKINS #5 620 E HOPKINS #5 29620 TORRE MOLINOS ASPEN, CO 81611 ASPEN, CO 81611 COSTA DEL SOL, MARBELLA SPAIN CLARK ROBERT TRUST ASPEN PLAZA COMPANY BASS CAHN PROPERTIES 620 E HOPKINS #5 PO BOX 1709 PO BOX 5078 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 TROUSDALE JEAN VICK BASS CAHN PROPERTIES MYSKO BOHDAN D 611 E HOPKINS AVE PO BOX 5078 DOMINION SHIPPING CORPORATION ASPEN, CO 81611 ASPEN, CO 81612 515 W RICHEY HOUSTON, TX 77090 BOGAERT FAMILY TRUST MASON & MORSE INC BASS CAHN PROPERTIES LLP PO BOX 1166 514 E HYMAN AVE PO BOX 5078 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 SJA ASSOCIATES LTD 60Â°/0 LAZY J RANCH LLC PITKIN COUNTY BANK 80% PO BOX 1709 C/O W A WALTON 534 E HYMAN AVE ASPEN, CO 81612 PO BOX 665 ASPEN, CO 81611 ASPEN, CO 81612 HORSEFINS LLC GELD LLC GELD LLC C/O PITKIN COUNTY TITLE MEYER LOWELL C/O MEYER LOWELL C/O 601 E HOPKINS AVE P O BOX 1247 P O BOX 1247 ASPEN, CO 81611 ASPEN, CO 81612-1247 ASPEN, CO 81612-1247 GELD LLC GELD LLC EDGETTE JAMES J & PATRICIA MEYER LOWELL C/O MEYER LOWELL C/O 19900 BEACH RD STE 801 P O BOX 1247 P O BOX 1247 JUPITER ISLAND, FL 33469 ASPEN, CO 81612-1247 ASPEN, CO 81612-1247 GELD LLC ELMORE JOHN A II ELMORE JOHN A II MEYER LOWELL C/O PO BOX 381 PO BOX 381 P O BOX 1247 WRIGHTSVILLE BEACH, NC 28480 WRIGHTSVILLE BEACH, NC 28480 ASPEN, CO 81612-1247 GELD LLC TAYLOR E NORRIS 1/2 GELD LLC MEYER LOWELL C/O 602 E HYMAN AVE #1 MEYER LOWELL C/O P O BOX 1247 ASPEN, CO 81611 P O BOX 1247 ASPEN, CO 81612-1247 ASPEN, CO 81612-1247 GELD LLC 610 EAST HYMAN LLC GELD LLC MEYER LOWELL C/O C/O KRABACHER LAW OFFICES PC MEYER LOWELL C/O P O BOX 1247 201 N MILL ST STE 201 P O BOX 1247 ASPEN, CO 81612-1247 ASPEN, CO 81611 ASPEN, CO 81612-1247 GELD LLC SIMMONS RICHARD P & DOROTHY P FURNGULF LTD MEYER LOWELL C/O SIMMONS BRIAN P & AMY P A COLO JOINT VENTURE P O BOX 1247 1500 LAKESHORE DR APT 18 A 616 E HYMAN AVE ASPEN, CO 81612-1247 CHICAGO, IL 60610 ASPEN, CO 81611 . ELMORE JOHN A II VOTIS GEORGE T PITKIN CENTER CONDO OWNERS ASSOC PO BOX 381 GALT INDUSTRIES C/O WRIGHTSVILLE BEACH, NC 28480 767 5TH AVE 5TH FL 517 WNORTHST NEW YORK, NY 10153 ASPEN, CO 81611 WOODS FRANK J III PATIO BUILDING COMPANY LLC ARCADES ASSOCIATES LTD 205 S MILL ST STE 301A PO BOX 1066 RJS-RS INC C/O ASPEN, CO 81611 ASPEN, CO 81612 304 S GALENA STE A ASPEN, CO 81611 WOODS FRANK J II1 LESTER THOMAS D & LINDA T WOODS FRANK J III 205 S MILL ST STE 301A 1353 BLAIRMOOR CT 205 S MILL ST STE 301A ASPEN, CO 81611 GROSSE POINTE, MI 48236-1022 ASPEN, CO 81611 517 E HYMAN LTD MOUNTAIN RESORT TRUST MTN RESORT TRUST A COLORADO LIMITED C/O FISHER D C/O FISHER D PARTNERSHIP PO BOX 4273 PO BOX 4273 517 E HYMAN AVE ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611 DINGILIAN DIKRAN A S VICTORIAN SQUARE LLC VICTORIAN SQUARE LLC 160 W 225 ST C/O GARFIELD & HECHT PC C/O GARFIELD & HECHT PC NEW YORK, NY 10463 601 E HYMAN AVE 601 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 VICTORIAN SQUARE LLC VICTORIAN SQUARE LLC LEMOS D&J 1/3 INT C/O GARFIELD & HECHT PC C/O GARFIELD & HECHT PC PO BOX 321 601 E HYMAN AVE 601 E HYMAN AVE ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 VICTORIAN SQUARE LLC VICTORIAN SQUARE LLC SPRING STREET PO C/O GARFIELD & HECHT PC C/O GARFIELD & HECHT PC C/O GULFCO LTD 601 E HYMAN AVE 601 E HYMAN AVE 616 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 VICTORIAN SQUARE LLC LONG GERALD P & PATRICIA D TENNESSEE THREE RENTALS TRUSTEES C/O GARFIELD & HECHT PC MRS A E MILLER C/O 601 E HYMAN AVE 490 WILLIAMS ST 3506 HONEYWOOD DR ASPEN, CO 81611 DENVER, CO 80218 JOHNSON CITY, TN 37604 BOOGIE'S BUILDING OF ASPEN LLC RODGERS PORTER R JR HANNAH DUSTIN BUILDING ASSOC WEINGLASS LEONARD C/O RODGERS CAROL L PO BOX 2238 PO BOX 11509 1300 S MAIN ST ASPEN, CO 81612 ASPEN, CO 81612 SEARCY, AR 72143 CERISE JAMES M & CAROLYN A NIELSON COL STEVE & CAROL D YERAMIAN CHARLES TRUST 35.821% 501 S FAIRFAX PO BOX 12347 34425 HWY 82 ALEXANDRIA, VA 22314 ASPEN, CO 81612 ASPEN, CO 81611 . HELLINGER FAMILY TRUST HUNTER PLAZA ASSOCIATES LLP GOFEN ETHEL CARO HELLINGER FRANK AND FLORENCE C/O M&W PROPERTIES 455 CITY FRONT PLAZA TRUSTEES 205 S MILL ST STE 301A CHICAGO, IL 60611 1849 WYCLIFF DR ASPEN, CO 81611 ORLANDO, FL 32803 KIEFER KAREN B TRUST 1/4 FERRY NATALIE JOYCE EDWARD 2130 NW 95TH ST PO BOX 166 11 S LA SALLE ST STE 1600 SEATTLE, WA 98117-2425 GLENCOE, IL 60022 CHICAGO, IL 60603-1211 SCHNITZER KENNETH L & LISA L HABER WILBUR A ARTLA LTD PARTNERSHIP 4023 OAK LAWN AVE HABER SANDRA WM C KING 406 BUCKINGHAM RD DALLAS, TX 75219 20409 KISHWAUKEE VALLEY RD PITTSBURGH, PA 15215-1555 MARENGO, IL 60152 BISCHOFF JOHN C CURRIE VICKIE CAMERON JAMES 77.5% 502 S VIA GOLONDRINA 3101 BRYN MAWR COATES CHRISTIAN C 22.5% TUCSON, AZ 85716-5843 DALLAS, TX 75229 4504 BELCLAIRE AVE DALLAS, TX 75205 SCHNITZER KENNETH JR TREUER CHRISTIN L ABELLO ROSA 4023 OAK LAWN 981 E BRIARWOOD CIR N PO BOX 1569 DALLAS, TX 75219 LITTLETON, CO 80122 ASPEN, CO 81612 CHATEAU ASPEN UNIT 21-A LLC MNI INC WILLOUGHBY MARIAN V TRUST BLDG 421-G AABC 57 BURNBANK STREET 12322 RIP VAN WINKLE ASPEN, CO 81611 NEPEAN HOUSTON, TX 77024 ONTARIO K2G0H2 CANADA, SHUMATE MARK HENDIRCKS JOHN AND BONNIE 1/2 INT 1267 STILLWOOD DR ATLANTA, GA 30306 254 N LAUREL AVE DES PLAINES, IL 60016 1 .t J. NICHOLAS MCGRATH, P.C. 600 East Hopkins Avenue A Professional Corporation Suite 203 Aspen, Colorado 81611 Attorneys At Law Telephone [970] 925-2612 Facsimile [970] 925-4402 J. Nicholas McGrath* jnm@jnmpc.com Tonia D. Inns, Administrative Assistant www.jnmpc.com August 14, 2000 Hand Delivered John p. Worcester, Esq. Aspen City Attorney 130 South Galena Street Aspen, CO 81611 Re: Cunniffe Planning Commission matter Dear John: I represent Furngulf, Ltd., the owner of a building adjacent to the Cunniffe building on Hyman Avenue, and Carol Ann Jacobson Realty, a long term leasee of space in the building on the other side of the Cunniffe building. We learned somewhat by accident that the P&Z may be considering a variance application on a trash site and the construction of a garage tomorrow evening for Mr. Cunniffe. I am informed that neither Furngulf, Ltd. nor Taylor Rentals, the owner of Carol Ann's location, nor Carol Ann, nor Marty- Flug, principal of Furngulf, received any notice of the application or hearing. We would like a reasonable opportunity to review the application and assess the rights of these adjacent owners and tenants; thus, we think the matter should be pos*oned. Thank you. Sincerely, J. NICHOLAS MCGRATH, P.C. By J- Nicholas McGrath *Member, Colo. (1971 1, Calif. 09691, and D.C. (19661 bars cc: Mr. Marty Flug Ms. Carol Ann Kopf Furngulf, Ltd. Taylor Rentals Mr. Fred Jarman, Planner Mr. Cunniffe's offices *Member, Colo. l19711, Callf. fl9691, and D.C. (19661 bars - 14 K4 & N. 4 If ALLEY BLOCK 99 1 1 k ,, i 40 7 ' f ' , M- .-.~ 1 h.% 7-8 077 - -- 6.4 *47â‚¬ i.: l ExtR~ ~ LOT K f i i LOT L \ / 1 J , 1 9. i ' .41* 'XISTING LOT N / OFFICE . 1 1 It I -==. 1 1.- 1 ;: I --- -41 i , 0,111 14 - , / t , k.-2- // i , -----EL-Sm=EZE-=Em , ---1 E. HYMAN AVENUE 0~3 SITE PLAN 610 BUILDING CHARLES CUNNIFFE ARCHITECTS 1. 610 E. HYMAN la ASPEN. COLORADO 9 76>17 S. HUNTER ST . . . . . 0 . . DEPOSIT CERTIFICATE DEPOSITED THIS DAY OF .2000 IN BOOK OF THE COUNTY'S LAND SURVEY PLATS AT PAGE AS RECEPTION NO. .THIS LAND SURVEY PLAT COMPLIES WITH SECTION 38-51-102 COLORADO REVISED STATUES. SECTION /8 COUNTY CLERK - TOWNSHIP IO SOUTH. RANGE 84 WEST 6th PM R / M b22-95_ W SEWER MANHOLE PK NAIL ALLEY ELEV - 93.26 /60.42 l 93.6 PAVED A PAVED PARKING l PARAPIT ~ ~ ELEC & GAS 5 METERS BUILDING 0.1./ / SCALE ~ OVER PROP. LINE PARAPIT 1 INCH - 10 FEET I 0 5 10 15 20 16. 3/ 0 LOT K Am / PARAPIT 122.7' 4 LU- / LOT L .96 OO 0% 1 -- ' .8. BSMT TOC - 89.85 MAIN FLR PLYÂ¥ 100.0 TOP FLR CARPET 109.9 LEGE\ID & NOTES a LOT M / 0, 00.* 0 0 FOUND SURVEY MONUMENT REBAR WITH CAP 24303 UNLESS NOTED YEL CAP IN CONC ~ AREA - 300/ SQ.FT.+/- BLOCK COR TO 00: BLOCK COR. -r 22.8s. LOT 14 // 0 SPIKE OR P-K NAIL SURVEY CONTROL ~ POSTED ADDRESS IS '610 E HYMAN AVE. ' 6 CONCRETE WALK E 345.07 BLOCK CDR 848/8.09 864#/NGS S 75'09 1/ 5221- SPOT ELEVATION ~ 2 STORY OFF ICE/*ARTMENT // f- WOOD FENCE BUiLDING WITH iASEMENT -*- WROUGHT IRON FENCE 75.00' RECORD / OUT ILITY BOX ~ MANHOLE O SET PROPERTY CORNER ALUM DISK -McBRIDE 16129- / 4 IN ASPHALT W/ P-K NAIL 1 NO DOCUMENTS OF RECORD WERE FURNISHED TO THE SURVEYOR ~ -*-.- 9 RECORD CALLS FROM THE 1959 OFF,CIAL PLAT OF THE CITY OF ASPEN .. 60.02 95 35 ' CORNERS , * 4 BLOCK WAS PRORATED TO MATCH FIELD DISTANCE BETWEEN BLOCK -- .95.2 6 30.0 ENRY - -- FIN S~LR - Â· 0 . ' 11 7- â€¢ BUILDING ON ~ ELEVATION DATUM IS ARBITRARY. BASED ON SET T.B.hi. MAIN FLOOR PLYWOOD - 100' . Â· WELL . WINDOW PROPERTY LINE 4 '. . 95.20 Â·~ CONIFER TREE CALIPER SIZE AS NOTED ... .. . .. 6 .lili . . ~ DECIDUOUS TREE CALIPER SIZE AS NOTED \-L . I . .. 90 ..1 1.. . . , torÂ« THIS PROPERTY LIES ENTIRELY OUTSIDE THE 100 YEAR FLOOD PLAIN : CERTIFICATION AS DEFINED BY THE FEMA FLOOD i NSURANCE RATE MAPS COMMUN I TY NUMBER 080287 EFFECTIVE DATE: JUNE 4. 1987. CERTIFIED TO: CHARLES CUNNIFFE CONCRETE & GUTTER 2 0048 - , #RA nA 1. DAVID W. McBRIDE. A REGISTERED LAND SURVEYOR IN THE STATE OF /9.9 COLORADO DO HEREBY CERT I FY THAT THI S SURVEY WAS F I ELD SURVEYED ~~~' ~ DURING APRIL 2000 ON THE GROUND OF THE PROPERTY FOUND ALUM DISK t' WIT. COR LEGALLY DESCRIBED HEREON. AND IS CORRECT BASED ON THE FIELD EVIDENCE FOUND SOUTHEAST 16!29 MeBRIDE- BLOCK CORNER SHOWN AS FOUND HEREON. AND THAT THERE ARE NO DEISCREPANCIES. NO. 5 REBAR HYMAN AVENUE SITE . YEL. CAP IMPROVEMENT SURVEY CONFLICTS. SHORTAGES IN AREA. BOUNDARY LINE CONFLICTS. ENCROACHMENTS. OVERLAPPING OF IMPROVEMENTS. EASEMENTS OR RIGHTS OF WAY IN FIELD EVIDENCE OR KNOWN TO ME. EXCEPT AS HEREON SHOWN. UNDERGROUND UTILITIES WI TH NO VISI BLE APPURTENANCES AND DOCUMENTS OF RECORD NOT FURNISHED . ~ TO THE SURVEYOR ARE EXCEPTED. THIS CERTIFICATION IS VOID UNLESS LOT M BLOCK 99, WET STAMPED BY THE SEAL OF THE SURVEYOR. C I TY & TOWNS I TE OF ASPEN , ...<.0 P I TK IN COUNTY. COLORADO '' 2.i, S I GNED THIS ~ DAY OF _~~ , 20,0 Â· W. 144Â»;5x DAVID W. McBRiDE RLS [6129 C... 7.,1.- PREPARED BY ASPEN SURVEY ENGINEERS. INC. u . 'iÂ· Â· ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION i 210 S. GALENA STREET BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU ASPEN. COLO. 81611 FIRST DISCOVERED SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED PHONE/FAX (970) 925-3816 UPON ANY DEFECT IN THI S PLAT BE COMMENCED WORE :THAN TEN YEARS E-MAIL plumbâ€¢rof.net FROM THE DATE OF THE CERT IFI CAT ION SHOWN HEREON. job no. 2 I 092A APRIL 18. 2000 ........ - STREET HUNTER - DEPOSIT CERTIFICATE DEPOSITED THIS DAY OF .2000 IN BOOK OF THE COUNTY'S LAND SURVEY PLATS AT PAGE AS RECEPTION NO. .THIS LAND SURVEY PLAT COMPLIES WITH SECTION 38-51-102 COLORADO REVISED STATUES. SECTION /8 COUNTY CLERK TOWNSHIP /0 SOUTH. RANGE 84 WEST 6th PM RIM- , W SEWER MANHOLE PK NAIL ..60 -4. ALLEY ELEV - 93.26 93.6 PAVED BLOCK 99 S 75009 11-E 30.01 Li_ PAVED PARKING i PARAP 1.T r ELEC & GAS ~ 1~ METERS BUILDING 0,1 ' d SCALE OVER PROP. LINE P APIT 1 INCH - 10 FEET 1 . 1 0 5 10 15 20 r "Elli LOT K / .m / PARAPIT /22.7' 4 LU- / LOT L .96 OO 0% l 0 0 0 , .8. , SSMT TOC - 89.85 MAIN FLR PLYW 100.0 ~ TOP FLR CARPET 109.9 LEGEND & NOTES 3* LOT M k.. . . 0 FOUND SURVEY WNUMENT REBAR WITH CAP 24303 UNLESS NOTED YEL CAP IN ~.AR~ - 3.00/ SQ.FT â€¢/- 00: BLOCK COR. - LOT N ~ 0 SPIKE OR P-K # SURVEY CONTROL ~ 22.85' O UTILITY BOX 6 CONCRETE WALK POSTED ADDRESS IS -610 E HYMAN AVE. ' 2 STORY OFFICE/APARTMENT f- WOOD PENCE BUILDING WITH BASEMENT -- WROUGHT I RON FENCE ' RECORD Â¥ N 14 CONCRETE CURB ttE 345.07 BLOCK COR TO ~ MANHOLE 2 O SET PR0PERTY C0RNER ALUM DISK -MeBRIDE 16129 IN ASPHALT W/ P-K NAIL 3 NO DOCUMENTS OF RECORD WERE FURNISHED TO THE SURVEYOR --O RECORD CALLS FROM THE 1959 OFFiCIAL PLAT OF THE CITY OF ASPEN . Â· 95.35 0 10 < BLOCK WAS PRORATED TO MATCH FIELD DISTANCE BETWEEN BLOCK ./ .95.3 6 30.0 EN, RY . CORNERS F/NIS(1\~R -- BBLD1NG ON ELEVATION DATUM IS ARBITRARY. BASED ON SET T.B.M. MAIN FLOOR PLYWOOD -100' Â· WELL .L 7. â€¢ WINDOW PROPERTY L/NE - . 95.2 CONIFER TREE CALIPER SIZE AS NOTED . I . . . .. . . I ~ DECIDUOUS TREE CALIPER SIZE AS NOTED -.Â· I I ' 1 17 70 93 ..1 1..C . 95./ L I . Â· t THIS PROPERTY LIES ENTIRELY OUTSIDE THE 100 YEAR FLOOD PLAIN CERTIFICATION 24 ~ Â· Â· AS DEFINED BY THE FEMA FLOOD iNSURANCE RATE MAPS COMMUNITY NUMBER 080287 EFFECTIVE DATE: JUNE 4. 1987. BASIS OF BEAR I NGS S 75*09 BLOCK COR CERTIFIED TO: CHARLES CUNNIFFE 1 .. ~25-i SPOT ELEVATION /80.04 , 4 GUTTER 1, DAVID W. MeBRIDE. A REGISTERED LAND SURVEYOR IN THE STATE OF /94.9'3- - COLORADO DO HEREBY CERT IFY THAT THI S SURVEY WAS FIELD SURVEYED r DURING APRIL 2000 ON THE GROUND OF THE PROPERTY FOUND ALUM DISK LEGALLY DESCRIBED HEREON. AND IS CORRECT BASED ON THE FIELD EVIDENCE 1* WIT. COR FOUND SOUTHEAST - 16129 MeBRt DE # BLOCK CORNER SHOWN AS FOUND HEREON. AND THAT THERE ARE NO DEISCREPANCIES. NO. 5 REBAR HYMAN AVENUE SITE YEL. CAP IMPROVEMENT SURVEY CONFLICTS. SHORTAGES IN AREA. BOUNDARY LINE CONFLICTS . ENCROACHMENTS. OVERLAPPING OF IMPROVEMENTS. EASEMENTS OR RIGHTS oF WAY IN FIELD EVIDENCE OR KNOWN TO ME. EXCEPT AS HEREON SHOWN. UNDERGROUND UTILITIES WITH NO VISIBLE APPURTENANCES AND DOCUMENTS OF RECORD NOT FURNISHED TO THE SURVEYOR ARE EXCEPTED. THIS CERTIFICATION IS VOID UNLESS LOT M BLOCK 99. WET STAMPED BY THE SEAL OF THE SURVEYOR. C I TY & TOWNS I TE OF ASPEN. SIGNED THIS .Â£9[ DAY OF ..A,~61 20$..,~i.~ap.. i . P I TK IN COUNTY . COLORADO DAVID W. McBRÂ·IDE RLS 16129 i I % 5% 4, t. .93 -1 ./ ......11. . M .. -3 PREPARED BY Â·9 -1 210 S. GALENA STREET ASPEN SURVEY ENGINEERS. INC. ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION ..1 BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU ASPEN. COLO. 81611 FIRST DISCOVERED SUCH DEFECT . IN NO EVENT . WAY ANY ACTION BASED PHONE/FAX (970) 925-3816 UPON ANY DEFECT I N TH IS PLAT BE COMMENCED MORE THAN TEN YEARS E-MAIL plumbâ€¢rof.net FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. job no. 2 I 092A APRIL 18. 2000 . , 1: f....f.'.1,~5;511 ~ . J .1 / S . STREET S . HUNTER