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Home My WebLink Aboutcoa.lu.sr.720 E Durant.0087.20127 0087.2012.ASLU 720 E. DURANT 273718242028 VARIANCE THE CITY OF ASPEN 130 SOUTH GALENA STREET ASPEN, COLORADO 81611-1975 ® Pr ncea On R"cled Paper External Media Located Here M-025867 M-025868 RMMI �J 40 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0087.2012.ASLU PARCEL ID NUMBERS 27t37 18 2 4 2028 PROJECTS ADDRESS 720 E. DURANT PLANNER JEN PHELAN CASE DESCRIPTION DIMENSIONAL VARIANCE REPRESENTATIVE TAI DESIGN CONSULTANTS DATE OF FINAL ACTION 1.17.13 CLOSED BY ANGELA SCOREY ON: 2.1.13 TAI DESIGN CONSULTANTS 131 Ermine Lane, Carbondale, Colorado 81623 C 970-274-0156 T/F 970-704-1068 MEMORANDUM TO: City of Aspen BY HAND Community Development Planning & Zoning Department CC: FROM: Norman Tai TAI DESIGN CONSULTANTS DATE: December 18, 2012 RE: Dimensional Variance 720 E. Durant Avenue, Unit J Deck Remodel Aspen, Colorado 81611 ® ENCLOSURE The Applicant, Michael Leiner seeks a dimensional variance for a deck remodel on his third floor condominium Unit J. The project is located in the Durant Mall Condominium building as an existing mixed use building constructed in 1976. The building is a non -conforming structure in the Neighborhood Commercial zone district per the City of Aspen, Title 26: Land Use Code as follows: 1. Allowable FAR 2. Front, rear, side yard set backs The condominium unit has two legally constructed existing decks located on the west and south sides. The south deck currently extends to the east and south property lines. As such, they do not conform to current 5'-0" front and 5'-0" side yard setback requirements. The west deck is not subject to setback requirements. Refer to Exhibit 1 and 2 for existing conditions. Deck Existing Area s.f.) Proposed Area (s.f.) South 346.5 383.6 West 96.5 50.2 Total 443.0 433.8 The proposed deck remodel consists of filling in a gap along the south deck and removing a portion from the west deck, thereby transferring a portion of the existing west deck FAR to the south deck. A dimensional variance of a zero setback is requested along the south and east property lines to achieve this. Refer to Exhibit 3 and 4 for proposed changes. TAI DESIGN CONSULTANTS As a project located in the Neighborhood Commercial zone district, it is subject to Commercial Design Review (City of Aspen, Title 26: Land Use Code Chapter 26.412) and Commercial Design Standards (Section 26.412.060). The applicant requests exemption from Commercial Design Review on the basis that the proposed remodel represents a minimal change to the exterior of the existing building (Section 26.412.020) and does not change the existing building's commercial district scale, character, public amenity spaces, uses, existing storefronts or alleyways. DASHED LINE OF 2& ABOVE EXISTING GRADE EXISTING BUILDING DASHED LINE OF EXISTING GRADE PROPOSED SOUTH ELEVATION EXHIBIT 5 • Leiner Residence 720 Eat Durant Avenue. Aspen. Colorado TAI DESIGN CONSULTANTS p ra s•s Ip•� SCHEMATIC DESIGN : South Elevation 131 e, vR. c+: e. t.+m elsz3 January 16, 2013 C 91-1-1w 11 91a1— ►ry.s, vv. I (/�. H �KINSgV� C�c C4OVO ley Ny,�AN AV TRH VV C /O F p'ER-AVE AND °RS F•D NG� +RAN r ,IVgN •S r DEAN S T GI�gFRT ST. SUM MITBTJ 0 z r- VICINITY MAP °O0 CIO 40. 4- I, 33. Y. 32. a. o 37` --Z ARK P, 35. P6 ARDMORE 28. 6.. T WA. � w 29. 30-� q ES`jQ \tar T CIO -. Zm V _ ,% t1 CRY S� AL' LAKE 27. n / 720 E. DURANT AVENUE 0&1 C Leiner Residence Deck Remodel Unit J, 720 E. Durant Ave, Aspen, Colorado TA O SCHEMATIC DESIGN DESIGN CONSULTANTS 131 Ermine Lane, Carbondale, Colorado 81623 NORTH December 18, 2012 C 970-274-0156 LF 970-704-1068 0 11 • 04 TAI O , DESIGN CONSULTANTS 0 8' 16' 32' qv 131 Ermine Lane, Carbondale, Colorado 81623 NORTH C 970-274-0156 T/F 970-704-1068 / OVERHANG ALLEY DURANTAVENUE OVERHANG Leiner Residence 720 East Durant Avenue, Aspen, Colorado SCHEMATIC DESIGN : Site Plan December 18, 2012 EXHIBIT 1 TAI DESIGN CONSULTANTS O o 5l lo. 201 ~ 131 Ermine Lane, Carbondale, Colorado 81623 NORTH C 970-274-0156 T/F 970-704-1068 DURANT AVENUE L Leiner Residence Deck Remodel Unit J, 720 E. Durant Ave, Aspen, Colorado SCHEMATIC DESIGN December 18, 2012 TAI DESIGN CONSULTANTS 131 Ermine Lane, Carbondale, Colorado 81623 C 970-274-0156 T;F 970-704-1068 EXISTING DECK IMAGE EXHIBIT 2 Leiner Residence Deck Remodel Unit J, 720 E. Durant Ave, Aspen, Colorado SCHEMATIC DESIGN December 18, 2012 • • PROPERTY LINE TAI ,p_ DESIGN CONSULTANTS O o s 10, 20' 131 Ermine lane, Carbondale, Colorado 81623 NORTH C 970-274-0156 LF 970-704-1068 w Z J lY W CI- 0 x IL EXHIBIT DURANT AVENUE Leiner Residence Deck Remodel Unit J, 720 E. Durant Ave, Aspen, Colorado SCHEMATIC DESIGN December 18, 2012 PROPOSED DECK IMAGE EXHIBIT TAI DESIGN CONSULTANTS 131 Ermine Lane, Carbondale, Colorado 81623 C 970-274-0156 T/F 970-704-1068 Leiner Residence Deck Remodel Unit J, 720 E. Durant Ave, Aspen, Colorado SCHEMATIC DESIGN n September 20, 2012 �F 0 • PROPERTY LINE w Z J } f— W O_ O 0 d DURANT AVENUE is EXHIBIT 3 Leiner Residence Deck Remodel Unit J, 720 E. Durant Ave, Aspen, Colorado TAI SCHEMATIC DESIGN DESIGN CONSULTANTS 0 s 0 20' 131 Ermine Lane, Carbondale, Colorado 81623 NORTH December 18, 2012 C 970-274-0156 T/F 970-704-1068 9 • 1 iHl is PROPOSED DECK IMAGE EXHIBIT 4 Leiner Residence Deck Remodel Unit J, 720 E. Durant Ave, Aspen, Colorado r TA SCHEMATIC DESIGN q DESIGN CONSULTANTS `F 131 Ermine Lane, Carbondale, Cobrado 81623 September 20, 2012 C 970-274-0156 T/F 970-704-1068 TAI i DESIGN CONSULTANTS 131 Ermine Lane, Carbondale, Colorado 81623 C 970-274-0156 T/F 970-704-1068 LETTER OF TRANSMITTAL PROJECT Leiner Residence Deck Remodel JOB* 2012.01 DATE December 20, 2012 E-MAIL normtai09@gmaii.com TO City of Aspen, Community Development, Planning & Zoning Department FROM Norm Tai Tai Design Consultants ATTACHMENTS 10 Items and Cover BY HAND (IF YOU DO NOT RECEIVE ALL ATTACHMENTS, CALL IMMEDIATELY) DESCRIPTION Deposit Check 10 sets Land Use Application I CD (Land Use Application) A 3 O X O INMY100 Akilo Z101 19 '�30 C13AI333N COMMENTS Please call with any questions. ACTION For Your Review and Comment CC Michael Leiner BY HAND CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny, 970.429.2739 RECEIvEtT E: 9/13/2012 PROJECT: 720 E. Durant REPRESENTATIVE: Norm Tai, Tai Design Consultants DE t: 2 1 7012 TYPE OF APPLICATION: Dimensional Variance CITY UE ,ASPEN DESCRIPTION: COMMUNITY DEVELOpME► T The applicant requests a setback variance to allow a deck to be constructed on the south side of the building. The proposed deck will essentially fill in a piece between two existing third story decks on the south side of the property. The total development is over its allowable FAR; however, no increase in net leasable is being proposed for the project. Rather, existing FAR will be removed on the site from the west side of the development and transferred to the desired area. This property is located in the Neighborhood Commercial (NC) zone district. This district requires a five foot setback for the front, side, and rear yards of the property. The proposed deck will be within the five foot setback. As previously mentioned, there are two legally established, non -conforming decks already in existence within this area. However this non -conformity may only be increased with the granting of a setback variance. This variance requires an approval from the Planning and Zoning Commission. The proposal will also undergo Commercial Design Review. As a minor improvement to the site, the Applicant may request an exemption from Commercial Design Review, provided that the criteria are met for this condition. Below is a link to the Land Use Application Form for your convenience: http://www.aspenpitkin.com/Portals/O/docs/City/Comdev/Apps%20and%2OFees/2011 %20land%20use %20app%20form.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.314 Variance from dimensional requirements 26.412 Commercial Design Review http://www.aspenpitkin.com/Departments/Community-DevelopmentIPlanning-and-Zoning/Title- 26-Land-Use-Code/ Review by: 1) Community Development Staff for complete application and recommendation 2) Planning and Zoning Commission for Commercial Design Review (or Exemption) and Dimensional Variance. Public Hearing: Required Planning Fees: $1,890 Planning & Zoning Commission review. This includes six (6) hours of staff review time. Additional time over six (6) hours will be billed at $315 per hour Referral Fees: None. Total Deposit: $1,890 0 Total Number of Application Copies: 10 Copies Includes appropriate drawing for board review (HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 2) To apply, submit the following information F;� Total Deposit for review of application. E� Pre -application Conference Summary. E; Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 0 Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. YrA site plan, floor plans and elevations depicting the proposed layout and the project's physical relationship to the land and its surroundings. [Completed Land Use application and signed fee agreement. 571 An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. F; A written description of the variance being requested. W1 Ten copies of the Land Use Application and all additional materials. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Agreement to Pay Application Fees between the u ty of Aspen t-(;rtYl ano Property Owner ('{�: ) /"l i eH �- L�►Ei A;EQ Phone No.: Entail: jO i C► -Ce .44 eel iW : Coif Address of -: a 6, Billing Pr (�. 1�01( Property: (subject of A;�,?) co Address: (send bills here) SW/E1 Z application) I understand that the City has adopted, via Ordnance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. i understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated I understand that these flat fees are non-refundable. S flat fee for $ flat fee for $ flat fee for S flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. i understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. i have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria_ If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. S_ deposit for _& hours of Community Development Department staff time. Additional time above the deposit amount will be billed at S315 per hour. S deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at 5265 per hour. City of Aspen: Chris Sendon Community Development Director Property Owner: Name: {t'I1CQ� l'.21�FY` City Use: Tide. -- Fees Due: $ Received: $ RECEIVED DEC 2 1 2012 CITY OF ASPEN COMMUNITY DEVELOPMENT 9 oog�-2e11 "iECENED ATTACHMENT 2—LAND USE APPLICATION DEC 2 1 2012 PROJECT: G1Tv OF ASPEN Name: Leiner Unit J Deck Remodel COMMUNITY DEVELOPMENT Location: 720 E. Durant Avenue, Aspen, Colorado 81611 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273718242028 APPLICANT: Name: Michael Leiner Address: 720 E. Durant Avenue, Unit J, Aspen, Colorado 81611 Phone #: 970-920-1563 REPRESENTATIVE: Name: Norman Tai (Tai Design Consultants) Address: 131 Ermine Lane, Carbondale, Colorado 81623 Phone #: 970-274-0156 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ GMQS Allotment ❑ Special Review ❑ ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ❑ Commercial Design Review ❑ Residential Design Variance ❑ Conditional Use ❑ Conceptual PUD ❑ Final PUD (& PUD Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) ❑ Lot Split ❑ Lot Line Adjustment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) MIXED USE WITH RESIDENTIAL CONDOMINUM UNITS ON THIRD LEVEL 3 STOREY STRUCTURE WITH BELOW GRADE PARKING ❑ Temporary Use ❑ Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion Expansion ❑X Other: DIMENSIONAL VARIANCE PROPOSAL: (description of proposed buildings, uses, modifications, etc.) NO CHANGE IN USE. PROPOSAL TO TRANSFER EXISTING DECK F.A.R. FROM WEST OF BUILDING TO SOUTH DECK RESULTING IN NET DECK F.A.R. REDUCTION IA.,n .,^ af+A..1.o.1 +1.o f..11n..,:nn9 rrre nur- a 1890.00 DEPOSIT Pre -Application Conference Summary ® Attachment #1, Signed Fee Agreement ❑x Response to Attachment #3, Dimensional Requirements Form ® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-13 model. Your pre -application conference summary will indicate if you must submit a 3-D model 9 • City of Aspen Community Development Department 720 E. Durant, Unit J P. O. Box 11539 Aspen, CO 81612, USA (970) 920-1563 November 19, 2012 Re: Land Use_Application, 720 E. Durant, Unit J, Aspen To Whom It May Concern: This is to confirm that I, Michael Leiner, owner of the above captioned property and applicant, have authorized the following person to act on my behalf: Norman Tai 131 Ermine Lane Carbondale, CO 81623 (970) 274-0156 / 1 6 Michael Leiner • • Stewart title Stewart Title - Aspen 620 East Hopkings Avenue Aspen, CO 81611 WRITTEN OWNERSHIP AND ENCUMBRANCE REPORT Order No. 01330-17194 Date: December 04, 2012 Customer Reference LEGAL DESCRIPTION: 720 East Durant Avenue Condominium Unit E13 Aspen, CO 81611 Condominium Unit E-13, together with Parking level Commercial Unit No. P-7 THE DURANT MALL (A CONDOMINIUM) according to the Condominium Map thereof recorded February 6, 1976 in Plat Book 4 at Page 565 as Reception No. 181398, and as further defined and described in the Condominium Declaration for The Durant Mall (a condominium) recorded February 6, 1976 in Book 308 at Page 518 as Reception No. 181397 COUNTY OF PITKIN, STATE OF COLORADO APPARENT OWNER OF RECORD: Michael Leiner and Rose Ann Leiner Deeds of Trust, Mortgages and Liens which purport to affect the above described property, as disclosed by the records of the Clerk and Recorder of Pitkin County, Colorado, through the effective date of November 01, 2012: The liability of Stewart Title, its affiliates and associates, for any errors or omissions affecting or relating to the information appearing in this report is strictly limited to the amount paid for this report. The aforementioned liability is limited to the customer who ordered this report. There are no expressed or implied warranties assuring or representing that this report is reliable for title information, and therefore, should be verified by a Commitment for Title Insurance. No representation is made as to the completeness, validity, or legal sufficiency of the documents referenced herein, nor have any of such documents been examined to determine whether or not there are any exceptions, reservations, encumbrances or other matters which might be detrimental to Title. No search has been made for any reservations, restrictions, covenants, easements, rights of way, mineral interests, water rights, and any other encumbrances which are not a deed of trust, mortgage of lien. Linda Williams Authorized Representative of Stewart Title Order No.: 01330-17194 Page 1 of 1 Written OE Report STCO ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Leiner Unit J deck Remodel Applicant: Michael Leiner Location: 720 E. Durant Avenue, Aspen, Colorado 81611 Zone District: Neighborhood Commercial Lot Size: Lot Area: (for the purposes 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: Number of residential units: Number of bedrooms: Existing: Proposed: Existing: Proposed: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Principal bldg. height: Existing: Access. bldg. height: Existing: On -Site parking: Existing: % Site coverage: Existing: % Open Space: Existing: Front Setback: Existing: Rear Setback: Existing: Combined F/R: Existing: Side Setback: Existing: Side Setback: Existing: Combined Sides: Existing: Distance Between Existing Buildings Allowable: Allowable: Allowable: Required: Required: Required: o ' - o " Required: 5 ' - o o'-o Required: 5'-0" Required: o 1- 011 Required.• 5'- o" o' -0„ Required: 5' -o" Required: —Required:_ no change no change no change _Proposed: no change _Proposed: no change _Proposed: no change _Proposed: no change —Proposed.- no change _Proposed. -no change _Proposed. _Proposed: no change _Proposed: o'-o" _Proposed: _Proposed.• no change _Proposed: Proposed: no change Existing non -conformities or encroachments: SOUTH FACING DECKS ALONG DURANT AVENUE ENCROACH 5'-0"SETBACK REQUIREMENTS OF FRONT AND SIDE YARDS TOTAL DEVELOPMENT EXCEEDS CURRENT ALLOWABLE F.A.R. Variations requested: DIMENSION VARIANCE OF FRONT AND SIDE YARD SETBACKS AND TRANSFER OF EXISTING WEST DECK F.A.R. TO SOUTH DECK WITH NO INCREASE IN F.A.R. THE CITY OF ASPEN Land Use Application Determination of Completeness Date: December 27. 2012 Dear City of Aspen Land Use Review Applicant, , - We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0087.2012.ASLU — 720 E. Durant. xYour Land Use Application is incomplete: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. 1) Responses to the variance review criteria were not submitted (section 26.314.040 A., Standards applicable to variances). 2) Letter from the HOA consenting to the application and scope of request. ❑ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, �T7 M� ennife lan, Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes No Subdivision, SPA, or PUD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No�L Commercial E.P.F. -2- � -62-K File Edit Record Wgate Form Reports Format Tab Help Jump_ 3;`A s► uRouhN Status Fees Fee 5ummary Main Act Attadtmerts Rang N Valuatior Ard,,TEng Custom Fields Sub Permits Parcefs 3 permit type ';aslu ;.Aspen land Use Permit t 0067.2012.ASLU o Address !,720 E DURi+MAVE o SPEN State COzip61611-1993 x Permit khrmation 0 Master permit Routing queue aslu07 Applied 12'212012 F L Froje, —^ status �P?ndi� — Approved 0 Description APPLICATION FOR LAND USE - DIMENSIONAL VARIANCE Issued ClosediFinal Submitted I TAd DESIGN 970 274 0156 1 Clod ;Running Days Expires 12 iR`2013 Owner Last name LEINER Rst name jfdlCfiAEL Phone (970) 920-1563 Address Applicant E. Owner is applicant? C Conlrador is applicant? Last nay AJ DESIGN CONSULTn 57 First name IIOFfo4"N T,N 131 EPITIE LN ARBONDALE CO 610 Phone i970 920-1SE3 I Cust4 129423 1 AddrP. Lender Last name First name Phone it r Address ok r� f 7?0 3303� 0 00;1-2012•-A.5L-LA angelas -1 of 1 9 �xfra Gies