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Home My WebLink Aboutlanduse case.boa.515 S Galena.001-04 ..., - NOTICE OF PUBLIC HEARING .....-'# CASE #04-01 Before the City of Aspen Board of Adjustment TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the BASEMENT MEETING ROOM, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 26, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for vanance. Particulars of the hearing and requested variance are as follows: Date and Time of Meetinl!: Date: January 8, 2004 Time: 4:00 P.M. Owner for Variance: Representative for Variance: Name: Four Peaks LLC Shaw Construction Warren Burke 760 Horizon Drive Grand Junction, CO 81506 Address: 1000 S. Mill Street Aspen, CO 81611 Location or description of properlv: , 515 S. Galena Street, Lot 6, Aspen Mountain Planned Unit Development (PUD) Variances Requested: The applicant is requesting the temporary location of two construction trailers for twenty-two (22) months on Lot 6 of Aspen Mountain PUD to be used in staging for construction on Lot 5 of Aspen Mountain PUD. Will applicant be represented bv Counsel: YES: NO: X The City of Aspen Board of Adjustment 130 S. Galena Street Aspen, CO 81611 Charles Paterson, Chairman ~.. .."y , County of Pitkin J J State of Colorado J SS. AFFIDA VIT OF NOTICE PURSUANT TO .A.-'IPEN LAc~D USE REGULATIONS SECTION 26.304.060(E) L \~fW.(<.E:-N ~v~KF , 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) ofthe Aspen Municipal Code in the following manner: I. By mailing of notice, a copy of which is attached hereto. by tirst-class postage prepaid U.S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the 12 day of DEe, , 200~ (which is':(6 days prior to the public hearing date of JfrrJ. 08, J., 001 ). . 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the g day of 'DEe... ,2o.o.3.tothe a dayof JA-rJ ,2o.o..!L. (Must be posted for at least ten (10.) full days before the hearing date). A photograph of the posted sign is attached hereto. (Attach photograph here) Signature Signed before me this Is day of 200. 3. by /fit djl.. 3 /II/Iy c.r d k WITNESS MY HAND AND OFFICIAL SEAL _!\1,()TICE OF PUBLIC HEARING ""Ill.; ~ - CASE #03-05 Before the City of Aspen Board of Adjustment TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the BASEMENT MEETING ROOM, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 26, Ofticial Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of slllTounding property owners and others affected in deciding whether to grant or deny the request for vanance. Pmticulars of the hearing and requested variance are as follows: Date and Time of Meetinl!: Date: January 8, 2004 Time: 4:00 P.M. Owner for Variance: Representative for Variance: Name: Four Peaks LLC Shaw Construction Warren Burke 760. Horizon Drive Grand Junction. CO 8150.6 Address: LOOO S. Mill Street Aspen, CO 81611 Location or description of property: 515 S. Galena Street, Lot 6, Aspen Mountain Planned Unit Development (PUD) Variances Requested: The applicant is requesting the temporary location of two construction trailers lor twenty-two (22) months on Lot 6 of Aspen Mountain PUD to be used in staging for construction on Lot 5 of Aspen Mountain PUD. Will applicant be represented bv Counsel: YES: NO: X The City of Aspen Board of Adjustment 130. S. Galena Street Aspen. CO 81611 Charles Paterson, Chairm3l1 . Sr.,ooth Feed Sheets™ AGRUSA LISA ANN 425 W 23RD ST #15-E NEW YORK, NY 1O01l ANDERMAN ELLEN 1/3 4999 SOUTH BIRCH ST LITTLETON, CO 80121 ASPEN LAND FUND LLC C/O KAUFMAN & PETERSON 315 E HYMAN ASPEN, CO 81611 ASPEN SKIING COMPANY PO BOX 1248 ASPEN, CO 81612 BAKER HUGH LEE JR 555 E DURANT AVE STE 2K ASPEN, CO 81611 BICKERS EVERETT E 3320 OLD HILL RD FLOYDS KNOBS, IN 47119 BOURQUARD RICHARD E 2492 E TERRARIDGE DR HIGHLANDS RANCH, CO 80126 BURGESS HUBERT & JO ANNE LIVING TRUST 7138 MEADOWCREEK DR DALLAS, TX 75254-2715 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 COOBAC DEAN P TRUST #1 25% 4468 JUNIPER DR KEWADlN, MI 49648 ..~ AVER'!@ Address Labels - - AJAX MOUNTAIN ASSOCIATES LTD PO BOX 1709 ASPEN, CO 81612 ANDERMAN EVAN R 1/2 4999 S BIRCH ST LITTLETON, CO 80121 ASPEN LAND FUND LLC PO BOX 8238 ASPEN, CO 81612 ASPENQUEST LLC 11248 JOHN GALT BLVD OMAHA, NE 68137 BASTIL DEAN D 10500 W SILVER SPRING DR MILWAUKEE, WI 53225 BIERS JURINE 50% INT 2900 LAS GALLINAS AVE SAN RAFAEL, CA 94903 BRIGHT CONDOS A LOUISIANA GENERAL PARTNERSHIP 701 POYDRAS ST STE 300 PLAZA NEW ORLEANS, LA 70139 CASEY NANAH B 555 E DURANT AVE STE 2K ASPEN, CO 81611 COLORADO RESORT PROP GP 10218 ELLA LEE LN HOUSTON, TX 77042 COOBAC SANDRA L TRUST #1 25% 4468 JUNIPER DR KEWADlN,MI49648 Use template for 5160@ ....... ...., ALLEN ROBERTA 191 REVERKNOLLS AVON,CT 06001 ASPEN GROVE ASSOCIATES LLP PO BOX 3421 ASPEN, CO 81612 ASPEN RETREAT LLC 5200 S LAKESHORE DR TEMPE, AZ 85283 BACSANYl ERNEST A TRUST 50% PO BOX 89 HIGGINS LAKE, MI 48627-0089 BERKO GINA 25% 200 E MAIN ST ASPEN, CO 81611 BLACK HAWK ASPEN LLC ROECLIFFE COTTAGE JOE MOORES LN WOODHOUSE EAVES LEICESTERSHlRE LEI2 8TF BRIGHT PARTNERS LLC 701 POYDRAS ST STE 300 PLAZA NEW ORLEANS, LA 70139 CHISHOLM REVOCABLE TRUST 1830 N BEAVER ST FLAGSTAFF, AZ 86001 CONTINENTAL DlVIDE CO A COLORADO CORP 230 S MILL ST ASPEN, CO 81611 COOPER NORTH OF NELL CONDOMINIUMS LLC 1801 FOREST HILLS BLVD BELLA VISTA, AR 72714-2399 Laser 5160@ Smooth Feed sheet5™ COULOUR VENTURES LLC c/o EDGAR BRIGHT III 701 POYDRAS ST STE 300 PLAZA NEW ORLEANS. LA 70139 DONALDSON JAMES A 1/12 CUSTODIAN FOR DONALDSON J NICHOLAS 5746 65TH AVE NE SEATTLE, WA 98105 DURWARD SUSAN & QUENTIN 1383 FOX RIDGE TR SIOUX CITY, IA 51104 FLEISHER DONALD J 200 E MAIN ST ASPEN. CO 81611 GALENA PLACE LLC C/O PAT KlRIANOFF PO BOX 1931 BIG BEAR LAKE. CA 92315 GRAND ASPEN LODGING LLC 1000 S MILL ST ASPEN, CO 81611-3800 GRIFFIN TIM SKYLER WE INC PO BOX 22348 HILTON HEAD ISLAND, SC 29925 HARTMAN HARRIET TRUST 600 STREAMSIDE LN BOULDER, CO 80302-5968 HYMAN BARBARA L 150 BRADLEY PL #405 PALM BEACH, FL 33480 JFG LIMITED PARTNERSHIP A COLORADO LIMITED PARTNERSHIP 44125 EHWY82 " ... .. ..._..'"', c_.... . ~ ..~... .n __..~.___....~_ .:-... -..-.--.. --. r"" U5e template for 5160@ '...# CRAWFORD JACK B PO BOX U3 ASPEN, CO 81612 DRAKE NANCY W C/O GLAUBERMAN 9 E 40TH ST - 7TH FLOOR NEW YORK, NY 10016-0402 E W PROPERTIES LLC C/O B MASON TlAA-CREF 211 N BROADWAY STE 1000 ST LOUIS, MO 63102 FRANCIS JOHN D 52S E COOPER AVE ASPEN. CO 81611 GERARDOT JANE M TRUSTEE GERARDOTJ REVOCABLE TRUST 5526 HOPKlNTON DR FORT WAYNE. IN 46804 GREENWOOD KAREN DAY & STERLING JAMES 409 E COOPER AVE ASPEN, CO 81611 GROSSE EDWIN J & ADELINE M 100 EAST BLEEKER ASPEN. CO 81611 HENN PRESTON B & BETTY D 3501 W SUNRISE BLVD FT LAUDERDALE, FL 33311 INDEPENDENCE LODGE UNIT 209 LLC C/O GERALD LUSS 100 TRUESDALE DR CROTON ON HUDSON, NY 10520 KIRSCHENBAUM DAVID TRSTE NORTH OF NELL CONDOS 555 E DURANT AVE ASPEN, CO 81611 "h,.... DALY THOMAS J & JUDITH J 1590 HOMESTAKE DR ASPEN, CO 81611 DRUKER HENRY L 9 W 57TH ST STE 3420 NEW YORK, NY 10019-2701 FLEISHER DAVID M 200 E MAIN ST ASPEN, CO 81611 FRAZIER JAMES M & RL'BY JANE 624 E BLACKWELL AVE BLACKWELL. OK 74631 GOODWIN WILLIAM N 604 LOCUST ST STE 212 DES MOINES, IA 50309 GRENKO PROPERTIES LTD PO BOX 1120 CARBONDALE. CO 81623 GUSSEL JOHN THOMAS PO BOX 447 WISCONSIN DELLS, WI 53965 HOPPES DIANA 5400 VERNON AVE #106 EDINA. MN 55436 INDEPENDENCE PARTNERS C/O M & W PROPERTIES 205 S MILL ST #301A ASPEN, CO 81611 KNIGHT CHARLES T & ANNE 2244 CAMINO DEL ROSARIO SANTA BARBARA, CA 93108 " ;~'I,'<\ ,'~,~.~~ I.' , ". Smooth Feed sheets™ KOVAL BARBARA TRSTE c/o NORTH OF NELL 555 E DURANT ASPEN, CO 81611 KRAJIAN RONALD N 617 E COOPER AVE #114 ASPEN, CO 81611 LARSON KARL G & M MADELEINE PO BOX 8207 ASPEN, CO 81612 MANDELBAUM MERVYN & JEANETTE TRUSTEES 1735 S SANTA FE AVE LOS ANGELES, CA 90021 MCPHETRES RICHARD M 7 YOUNG ST BARTON ACT 2600 AUSTRALIA, MOUNTAIN CHALET ENTERPRISES INC 333 E DURANT AVE ASPEN, CO 81611 NORTH OF NELL CONDO ASSOC 555 E DURANT AVE ASPEN, CO 81611 OSHAUGHNESSY JANE A 2492 E TERRARlDGE DR HIGHLANDS RANCH, CO 80126 PATTERSON L S & F E TRUST 60% SCHNEIDER C A PATTERSON 40% 580 CEMETERY LN ASPEN, CO 81611 PH 006 LLC 555 E DURANT ST #3J ASPEN, CO 81611 c~~~\i e''''''''l1r~:_ .'. ;ti~!b~.~;~~L:.", _-.,~.-..;..._.".._.......~_.-..._'- .'--,---,-,,-..:..- ._" "".__+ ~ ,_....... .. h'. "., Use template for 5160@ ....-'" KRAJIAN RON N 2700 NEWPORT BLVD #222 NEWPORT, CA 92663 KUHN ERIC H 1020 ISTH ST #39E DENVER, CO 80202 L EFFERS JEFFREY J TRUSTEE GERARDOT J REVOCABLE TRUST 5526 HOPKINTON DR FORT WAYNE, IN 46804 MARCUS DURANT GALENA LLC 50% INT C/O STEPHEN J MARCUS PO BOX 1709 ASPEN, CO 81612 MEYER BUSINESS BUILDING LLC 23655 TWO RIVERS RD BASALT, CO 81621 NN LLC 1978 N LOCKWOOD CHlCAGO,IL 60641 OLIVER JAMES S & LOUISE K 1020 15TH ST #39E DENVER, CO 80202 OWEN LYNNE H FAMILY TRUST 11200 LUXMANOR RD ROCKVILLE, MD 20852 PEDERSON JOSEPH G 10500 W SILVER SPRING DR MILWAUKEE, WI 5322S RESNICK EDITH L TRUSTEE 2245 CAMEO LAKE CT BLOOMFIELD HILLS, MI 48302-1605 "'.~,.", KRAJlAN RONALD N PO BOX 8867 NEWPORT BEACH, CA 92658 KUYFAR&CO 604 LIBERTY ST UNIT 311 PELLA, IA 50219-1777 MANDELBAUM DANIELLE & JACQUELINE 173S S SANTE FE AVE LOS ANGELES, CA 90021 MCDONALDS CORPORATION 05/152 REAL ESTATE TAX SECTION PO BOX 66207 CHlCAGO,IL 60666 MOODY BRETT 6363 WOODW A Y #ll 0 HOUSTON, TX 77057 NORDAN JOSH 1l0WCST STE 1901 SAN DIEGO, CA 92101 ORTNER AVA K 2943S BRIARBANK CT SOUTHFIELD, MI 48034 OWEN RICHARD W F AMIL Y TRl": 13301 PULVER PL DARNESTOWN, MD 20878-2162 PEYTON MARl 409 E COOPER #4 STE I ASPEN, CO 81611 ROBERTS EILEEN 281 YORK ST YORK VILLAGE, ME 03909 '., l'(~... ~' -- ,*~:",,\ fi~:; : .. .:.. ..._~ ._1 _"'-._".__.'';'''''''h~'':;'.._ .:........:....._. _~~.4.. " ...., Smooth Feed sheets™ .. ...of ROSS BARBARA REVOCABLE TRUST PO BOX 594 HANALEI, HI 96714 ROSS ROGER A REVOCABLE TRUST POBOX 770487 STEAMBOAT SPRINGS, CO 80477 SCHMIDT RALPH N 536 N 7TH ST GRAND JUNCTION. CO 81501 SEGUIN MICHAEL PO BOX 1914 ASPEN, CO 81612 SHERWIN GREG POBOX 4262 BOULDER. CO 80306 SILVER CIRCLE RINK LLC ICE RINK 1000 S MILL ST ASPEN, CO 81611-3800 STEPHENSON JOANN PO BOX 1301 CARBONDALE, CO 81623 SWENERG JAMES & SANDRA L 2660 ROCK REST RD PITTSBORO. NC 27312 THORPE DONALD A 29435 BRIARBANK CT SOUTHFIELD, MI 48034 TIPPLE INN #12 LLC GARY JACOBS POBOX 59 - ATTN: ADELlNA GUZMAN LAREDO. TX 78042-0059 WEIXGLASS LEONARD PO BOX 11509 ASPEN. CO 81612 ZEFF DANIEL C/O NORTH OF NELL 555 E DURANT 4K ASPEN. CO 81611 ~~::;E~~~~;;'~~~~:'.;~~';'::';'~. ~ ... _.... .U. h'" """- Use template for 5160@ '-.".,.# SALTON MARY 221 VALLEY RD ITHACA, NY 14850 SHAPIRO EUGENE B & MARLENE R 6:101 E NAUMANN DR I' ARADlSE VALLEY, AZ 852S3 SLT ASPEN DEAN STREET LLC C/O STARWOOD HOTELS & RESORTS TRUST 2231 E CAMELBACK RD STE 410 PHOENIX. AZ 85016 TAKADA MINORU 5-5-3 SHlMOUMA SETAGAYA-Kl' TOKYO JAPAN 154-0002, WEATHERBY LIVING TRUST C/O WEATHERBY 555 E DURANT AVE #3B ASPEN, CO 81611 ZEFF ELEANOR E & ROBERT H 555 E DURANT AVE ASPEN. CO 81611 '. , :~~i~'~. .~\~,~ , ....,...... " . .. - .'. , : .' '. ~".. , ':":}', <::[:<:[/1-:~;~/(.\} ',.' ' :.. WARREN BURKE A:L C) ':l.. - D5 649EASTTOMAHAWKCIRCLE v.....,.> C>~ -> GRAND JUNCTION. CO 81504 J I 1::</08/03DATE 82-34011021 . ~ff,t~W-CrTj f)~f'r-<::;~ ..... ..............1 $ ItOO.Q. ()N~Hv NO~-nsEVENTY~}I"jtJrJOOLLAI<S fD gfli1:, ,,~ .".' ,(J n fi.i1 ...=---~ ~ '{r::['o"f.~ ~':;;~/f,~ r.ft~ .. - 5011 Hi\RI.A.N02000 ,~. .-., ". ,.,.. MEMORANDUM TO: Board of Adjustment FROM: Sarah Oates, Zoning Ofticer -::::;C> RE: 515 S. Galena Street - Request to allow for the temporary off-site location construction trailers on Lot 6 for the purpose of construction on Lot 5, Aspen Mountain Planned Unit Development DATE: January 8, 200.4 --------------------------------------------~------------------ ---------------------------------------------------------------- SUMMARY: The applicant is requesting permission to place two construction trailers on Lot 6 of Aspen Mountain Planned Unit Development (PUD) for twenty-two months for the construction of a hotel on Lot 5 of Aspen Mountain PUD. The construction trailers are currently located at the proposed location on Lot 6. The applicant was given permission by City Council to place the trailers and it was determined after the fact that a variance from permitted uses would be required for the trailers to be legally located at that location. The parcel is currently zoned Park (P) and construction staging does not comply with the permitted uses. The City of Aspen Municipal Code allows for the Board of Adjustment to grant variances from permitted uses "to allow for the temporary off-site location or storage of materials, structures or equipment pursuant to building construction or staging. " Please refer to the attached drawings and written information provided by the applicant for a complete presentation of the proposed variance. APPLICANT: Shaw Construction for Four Peaks LLC LOCATION: 515 S. Galena, Lot 6, Aspen Mountain PUD REVIEW STANDARDS: Pursuant to Section 26.108.040. of the Municipal Code, in order to authorize a variance from the permitted uses of Title 26, the board of adjustment shall make a tinding that all of the following circumstances exist: I. Notice of the proposed variance has been provided to surrounding property owners in accordance with Section 26.52.06o.(e)(4)(b) of this title. 2. A variance is the only reasonable method by which to afford the applicant relief and to deny a variance would cause the applicant unnecessary hardship or practical difticulty. 3. The temporary off-site storage or construction staging can be undertaken in such a manner so as to minimize disruption, if any, of normal neighborhood activities surrounding the subject parcel. 4. If ownership of the off-site parcel subject to the proposed variance is not vested in the applicant, then verified written authorization of the parcel owner must be provided. 5. Adequate provision is made to restore the subject parcel to its original condition upon expiration of the variance, including the posting of such financial security as deemed appropriate and necessary by the board of adjustment to insure such restoration. STAFF RESPONSE: The applicant cannot locate the construction trailers on-site. The site has been excavated to accommodate a sub-grade 3l1d amenities for the hotel. The trailers we installed about a month ago and the applicant has built a fence around the trailers at City Council's request. ALTERNATIVES: . Approve the variance as requested. . Approve the variance with conditions. . Table action to request further information be provided by the applicant or interested parties. . Deny the variance tinding that the review standards are not met. RECOMMENDATION: Staff recommends approval of a variance from permitted uses to allow for the temporary off-site location or storage of materials, structures or equipment pursuant to building construction or construction staging. RECOMMENDED MOTION: "I move to approve the request to allow for the temporary off-site location of construction trailers on Lot 6 of Aspen Mountain PUD for the construction of a hotel on Lot 5 of Aspen Mountain PUD. The duration of the variance shall be twenty-two (22) months." RESOLUTION NO. 01 Series of 2004 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN GRANTING A VARIANCE IN CASE NUMBER 03-05 RELATING TO PROPERTY IN THE CITY OF ASPEN LOCATED AT 515 S. GALENA STREET,ASPEN, COLORADO. WHEREAS, Four Peaks LLC has made application, dated December 8, 2003 to the Board of Adjustment for a variance from the use requirements of Chapter 26 of the Aspen Municipal Code; and WHEREAS, this matter came on for hearing before the Board of Adjustment on January 8, 2004 te and after full Deliberations and consideration of the evidence and testimony presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO: Section 1. Findings of Fact. The Board of Adjustment makes the following findings of fact: 1. A building permit has been (or will be) issued for the construction activity necessitating the application for a variance. 2. Notice of the proposed variance has been provided to surrounding property owners in accordance with Section 26.304.060(E) (3) of the Aspen Municipal Code. Evidence of such notice is located in the City Clerks Office. 3. A variance is the only reasonable method by which to afford the applicant relief and to deny a variance would cause the applicant unnecessary hardship or practical difficulty. 4. The temporary off-site storage or construction staging can be undertaken in such a manner so as to minimize disruption, if any, of normal neighborhood activities surrounding the subject parcel. 5. The owner of the off-site parcel, subject to the proposed variance, has provided written authorization for the off-site relocation. 6. Adequate provision has been made to restore the subject parcel to its original condition upon expiration of the variance. Section 2. Variance Granted. The Board of Adjustment does hereby grant the applicant the following variance from the terms of Chapter 26 of the Aspen Municipal Code: The temporary location of two construction trailers for twenty-two (22) months on Lot 6 of Aspen Mountain PUD to be used in staging for construction on Lot 5 of Aspen Mountain PUD. INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on the 8th day of January, 2004. Chairperson 2 I, the undersigned duly appointed and acting Deputy City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the Board of Adjustment of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Deputy City Clerk Approved as to form: Assistant City Attorney 3 - SHAW'- --. -- CONSTRUCTION December 8, 20.0.3 Ms. Sarah Oates City of Aspen Community Development Department Zoning Officer 130. S. Galena St. Aspen, CO 81611-1975 In accordance with the City of Aspen's Board of Adjustment Application Packet, Shaw Construction, Co., has been engaged as General Contractor for the Grand Aspen Hyatt Hotel Construction. As General Contractor, Shaw Construction wishes to amend and/or clarify the current fencing and construction management plan currently in effect. Attached are the amended conditions for your review and approval. Please contact me at 920-310.9 with any questions or if you require further documentation. Thank you for your assistance in this matter. Sincerely, s1~j~tc on, Co. JieX~rke Project Superintendent 760 Horizon Drive. Grond Junction, CD 81506 Fox 970.241.5618 . www.showconst.com Phone 970.242.9236 I ~ SHAW'"' ,""" -- CONSTRUCTION . The variance is the only reasonable method by which to afford this applicant relief and to deny a variance would cause the applicant unnecessary hardship or practical difticulty . 1. The temporary construction trailer staging area will be occupied for 22 months beginning on 12/0.1/20.03. This is the only area available for this staging as the previous contractor has completed the project's excavation and the hole encompasses the site, property line to property line, on the south, east and west sides ofthe project. The trailers and fence are currently in place as the "City" had given Shaw Construction permission to do so, as the property is actually part of the Grand Aspen's ownership. In trade for the use of this parcel, the Owners' (Four Peaks Development) has agreed to open the Silver Circle Ice Rink to town patrons for the winter of 20.0.3/20.04. . 2. The temporary construction staging will be undertaken in such a matter so as to minimize disruption of any normal neighborhood activities surrounding the subject parcel. The sidewalks on the north side of Dean St. (running east/west) will be closed with pedestrians directed to use the south side of Durant St. for the duration of the variance. . 3. Shaw Construction will restore the parcel to its original condition on removal of the construction office trailer and fencing. A bond can be put in place if so desired by the City for this work. 760 Horizon Drive' Grond Junction, CD 81506 Fox 970.241-5618 . www..howconst.com Phone 970-242-9236 2 ,'-"" ......., /"" ,...I . THE CITY OF ASPEN BOARD OF ADJUSTMENT APPLICATION PACKET DATE /).. /01 20tJ3 I APPLICANT ~HftvJ Co?J5WJCfJOrJ PHONE Q70 181 .5233> MAILING ADDRESS 7bD HoR-IZ-ot-J DR 8P/t-Nt:) JVNcl1v~ Co 9/51J0 OWNER FVuf?.- PE'AKS L-L- ~ PHONE Q70 Q2S:2JJl! MAILING ADDRESS I (JOG 5 f/II 11 I S J As p~ Co 8/ ~/ / ~. LOCATION OF PROPERTY !if 5' 5, G ftLEN A s r La ( G E (Street, Block Number and Lot Number) As"r.i?J0 pr1,.J T 5..; 13 "p WILL YOU BE REPRESENTED BY COUNCIL? Yes No K II~( Below, describe clearly the proposed vari3l1ce, including all dimensions and justification J for the variance (additional paper may be used if necessary). The building permit \\D\ application and any other information you feel is pertinent should accompany this '-l application, and will be made part of this case. ' , PeTtpT 1'1 0J ~ Cot-ls"( 0 '" I ~"., ~<')\) ~~ 0 ; I - . t.i: i2 <C~ ~ D.... \u& Ice \2/Nll. G . . I ~ . phcant's SIgnature ( CASE# REASONS FOR DENIAL OF BUILDING PERMIT, BASED ON THE ASPEN CITY CODE, CHAPTER 26. AN OPINION CONCERNING TmS VARIANCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTMENT STAFF DATE PERMIT DENIED DATE OF APPLICATION OFFICIAL HEARING DATE SHAW " TRANSMITTAL No. 00019 CONSTRUCTION 515 SGalena Aspen, CO 81611 PROJECT: Grand Aspen DATE: 12/16120.0.3 TO: City Of Aspen Building Department 130 S Galena REF: Land Use Variance Aspen, CO 81611 Phone 970-920-50.90 Fax 970.-920.-5439 ATTN: Sarah Oates IWF,A.RF, . . A : 0 Shop Drawings o ~oval o Aporoved as Submitted ~ Letter g Your Use D APProved as Noted 0 Prints ~ As Requested 0 Returned After Loan o Change Order 0 Review and Comment .J Resubmit 0 Plans 0 Submit 0 Sa~les SENT VIA: 0 Returned 0 Specifications Il1 Attached 0 Returned fOf Corrections 0 Other: o Separate Cover Via: 0 Due Date: ITEM NO. COPIES DATE ITEM NUMBER REV. NO. DESCRIPTION STATUS 12/16/200: ANS Affidavit of Notice Persuant to Aspen Land Use Regs. Section 26.304.060 (E) Remarks: Sarah, Here's the Final paperwork for the Requested Variance. Let me know if you require and thing else in this matter. Thank you. CC:File "'""" w Warren Burke Expedition ~ ~ ;/1 ~i~i~' i . . ~ ~ . NV'd 5::>1J..5190' 3J..15 ~ ~ ~~ ~ ~g leU .- oa~OlO::> 'N3dSV I ~~U ~~ 81aad ...J ~~ ~I~! ! ... ... ~z flgli! 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I- W II) ~I I II II ffi 2wG II II II II m Q~;! II lL-_11 ~ it'LL'" II :1 L~~~~~~~~~~""~~~~\ ! illl (~~~~~~/~~~~~~d I II uzoo.. II @~ I ~__o~:# I "'" , I... I o<t I 01)1- ' a I Ii. ~~w II lL z II ~;1~~ II ~8 II wx~1l 11 D..u.. II ~w.Q~ II II ~~~~ II oc=~~ II 8~w- II u~o~ II : ~~~ II II II II II ~ II ~ II N II // II N II rr==================~ II II II II II II II 11 II i ~ :: II II II 11--41 II II :) ~: II II II II II II W==IF==~~==~==~==~==~==~=~===~=~F==~~==~I=~~ I,,=J~=~I II II I,==~I II II II II II II II IkJ' II II II II II II II II II II II II II II II II II 1:L~~=-=.l:I:-~==-:::l:L.-_-..J:I:: = = :::I:L-~-...lI::-==~----.:l:L-_-_-..J:!:..=~-=--=-J::I:::,,!L-_-_-_--.li::::ll I- W w Il' I- <J) --' --' 1:: I I- OJ o ill @ , ~ @ @ <l z w --' <l I.'l I I- OJ o ill CONSTRUCTION CITY OF ASF'-~ GIS SALES 130 SOUTH GALE~, ASPEN. CO 81611 970 920-6453 GIS REVENUES ACCOUNT # 00160 . 00000 . 63465 Please make check payable to City of Aspen C1-JeLk...# SOIZ SHAW WARREN BURKE Customer's Order No. PhoneNO''l10. 6tVq.S-2~ Dale Sold To Building: The Hyatt Grand Aspen Hotel 515 South Galena Street Aspen CO 81611 Ph (970) 920-3109 Fax (970) 920-3023 Nexte1 (970) 989-5233 Address w CAJ tVJn'.L,~.:rr (1 -..:I (H City to ~1~U email: WB@ShawConst.com Sold By Cash I C.O.D. I Charge I On Acel. I Mdse. Ret'd. Paid Out I QIy. Description Price Amount I 3IJ()1 (~.."": A..i .. ',. I,..-r ft).~ 'f)r :P ~ .c." . vii. ;/1;''' I....J.... 1 .J... I :!!f' ~ 00 V All claims and returned goods MUST be accompanied by thIs bill. Tax Rec'd. '33 0-0 By Total 240115 12288 Thank You RECEIVED DEe - 9 2003 AISl'I:N BUIlDtNG DEPARTMENT ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 51'S . 7ffid~ i1 't 5:) . , Aspen, CO SCHEDULED PUBLIC HEARING DATE: ,200_ STATE OF COLORADO ) ) 55. Counly of Pilkin ) I, ~ \illI. -0 c,' l~/ V\/,C ~ (name, please print) being or representing 311 Applic311t to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.30.4.0.60. (E) of the Aspen, L311d Use Code in the following manner: ~ Publication of notice: By the publication in the legal notice section of 311 official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached h~eto, _ Posting of notice: By posting of notice, which form was obtained from th~ Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of " ,200_, to and including the date and time oft~public hearing. A photograp~ of the posted notice (sign) is attached hereto. ( '" _ Mailing of notice. By the mailing of a notice obtained from the Community Development Depmtment, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (30.0) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more th311 sixty (60.) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment, Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, tlle proposed zoning map has been available for public inspection in tlle plalming agency during all business hours for tifteen (15) days prior to the public hearing on such amendments. ~</i!U ""-,&,dI- The foregoing "Affidavit of Notice" was a9wowledged.,before mAe \\lis ~~ay of ~- . ,200.~,bY0~ J-}~ 'tE;. REQUEST :ONSTRUCTlO ;mEET . NOTICE IS Y GWEN that a public hearing wUlbe,bekI on Thursday, January 8. 2004 at a ~. kl begin at 4:00 p.m. before the Aspen ~ 'at AdJustment, at the Aspen City Hall. 130 SoUth Galena Street, Aspen, Colorado In the City COuo.cU ~ Room. to consider an applk:a- tloR'..ub~i.by Four Peaks LLC requesting the ~ Iociuon of twO construction trailers fOr twenty.tWP, (21) months on Lot 6 01 Aspen Mountain PUb to~ used In staging lor construc- tion 011 Lot 5 of,ypenMountaln PUD._ FOlfurther~. ... . ,contact Sarah Oates at the Aspen! Pi*in_. . ty Community Develop- __ ...1 S.Gal...~St."AsP!'ln.CO - . (970) 1, sarahoOci.aspen.co.~ . . sfRlck Head, Chalf Aspen Board 01 Adjustment Published In The Aspen TImes on DeCember . 2.0, 2003. (1061) Notary Public WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Y /.:;)-3/ _____ .,---.." ~ L 0": ,1Y p ~. ~ ~"",'d"",,~~ ',\,,.. ", Cl S/1rJ.'\H . OAii2S (J)! -\' ~ \ ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL PUBLIC NOTICE RE: REQUEST FOR APPROVAL OF TEMPORARY CONSTRUCTION STAGING-515 S. GALENA STREET NOTICE IS HEREBY GIVEN that a public hearing will be held on Thursday, January 8, 20.0.4 at a meeting to begin at 4:00 p.m. before the Aspen Board of Adjustment, at the Aspen City Hall, 130. South Galena Street, Aspen, Colorado in the City Council Chambers Room, to consider an application submitted by Four Peaks LLC requesting the temporary location of two construction trailers for twenty-two (22) months on Lot 6 of Aspen Mountain PUD to be used in staging for construction on Lot 5 of Aspen Mountain PUD. For further information, contact Sarah Oates at the Aspen/Pitkin County Community Development Department, 130. S. Galena St., Aspen, CO (970.) 920-5441, saraho@ci.aspen.co.us. stRick Head. Chair Aspen Board of Adjustment Published in the Aspen Times on December 18,20.0.3 City of Aspen Account ....."'.'" -~ . Receipt of Payment December 9, 2003 ASPEN / PITKIN COMMUNITY DEVELOPMENT DEPARTMENT BOA Case #03-0.5 Request for Temporary Off-Site Construction Storage 515 S. Galena Street Receipt in the Amount of$17D.OO from Warren Burke, Check #50.11 130 SOUTH GALENA STREET' ASPEN, COLORAOO ~1611-1975 . PHONE 970.920.5090 . FAX 970.920.5439 .~,....... ....., NOTICE OF PUBLIC HEARING_ ....- CASE #03-05 Before the City of Aspen Board of Adjustment TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the BASEMENT MEETING ROOM, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjourned) to consider an application fi!l;d with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 26, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. Particulars of the hearing and requested variance are as follows: Date and Time of Meetinl!: Date: January 8, 2004 Time: 4:00 P.M. Owner for Variance: Representative for Variance: Name: Four Peaks LLC Shaw Construction Warren Burke 760. Horizon Drive Grand Junction, CO 8150.6 Address: 100.0 S. Mill Street Aspen, CO 81611 Location or description of property: 515 S. Galena Street, Lot 6, Aspen Mountain Planned Unit Development (PUD) Variances Requested: The applicant is requesting the temporary location of two construction trailers for twenty-two (22) months on Lot 6 of Aspen Mountain PUD to be used in staging for construction on Lot 5 of Aspen Mountain PUD, Will applicant be represented bv Counsel: YES: NO: X The City of Aspen Board of Adjustment 130. S. Galena Street Aspen, CO 81611 Charles Paterson, Chairman " - ""'" SHAW~ "-" CONSTRUCTION December 8, 20.0.3 Ms. Sarah Oates City of Aspen Community Development Department Zoning Officer 130. S. Galena St. Aspen, CO 81611-1975 In accordance with the City of Aspen's Board of Adjustment Application Packet, Shaw Construction, Co., has been engaged as General Contractor for the Grand Aspen Hyatt Hotel Construction. As General Contractor, Shaw Construction wishes to amend and/or clarify the current fencing and construction management plan currently in effect. Attached are the amended conditions for your review and approval. Please contact me at 920.-310.9 with any questions or if you require further docUlltentation. Thank you for your assistance in this matter. en Project Superintendent 760 Horizon Drive. Grand Junction, CD 81506 Fox 970.241-5618 . www.showconst.com Phone 970-242-9236 I , - "'" SHAW '0.""; CONSTRUCTION . The variance is the only reasonable method by which to afford this applicant relief and to deny a variance would cause the applicant lIl1llecessary hardship or practical difficulty . I. The temporary construction trailer staging area will be occupied for 22 months beginning on 12/0.1/20.03. This is the only area available for this staging as the previous contractor has completed the project's excavation and the hole encompasses the site, property line to property line, on the south, east and west sides of the project. The trailers and fence are currently in place as the "City" had given Shaw Construction permission to do so, as the property is actually part of the Grand Aspen's ownership. In trade for the use ofthis parcel, the Owners' (Four Peaks Development) has agreed to open the Silver Circle Ice Rink to town patrons for the winter of 20.0.3/20.04. . 2. The temporary construction staging will be undertaken in such a matter so as to minimize disruption of any normal neighborhood activities surrounding the subject parcel. The sidewalks on the north side of Dean St. (running east/west) will be closed with pedestrians directed to use the south side of Durant St. for the duration of the variance. . 3. Shaw Construction will restore the parcel to its original condition on removal ofthe construction office trailer and fencing. A bond C3l1 be put in place if so desired by the City for this work. 760 Horizon Drive. Grand Junction, CO 81506 Fax 970-241-5618 . www.shawconsl.com Phone 970-242-9236 2 .- - ........ ~ ~ THE CITY OF ASPEN BOARD OF ADJUSTMENT APPLICATION PACKET DATE /;)... /0 I 20.03 I APPLICANT ~ffftvJ CoJ05Tf2.-JqJO,J PHONE 1701815233 MAILINGADDRESs760 !io(<../Zot-J DR 6f?A-N~ ,JVNc-llv~ Co 915iJ0 OWNER fVu~ P&Y\KS LL- C- PHONE Q70 1:2S2JJ'/ MAILING ADDRESS 1000 5 mill 51 A-5PaJ C.-o 8/ (:,/ / )' LOCATIONOFPROPERTY 515" 5. GftLFNA s r Lor G ~. (Street, Block Number and Lot Number) Asf:i?f'.l j;f1 IV r S0 13 "p WILL YOU BE REPRESENTED BY COUNCIL? Yes No K ~ - - !~ Below, describe clearly the proposed variance, including all dimensions and justification \<t: for the variance (additional paper may be used if necessary). The building permit \!) application and 3l1Y other information you feel is pertinent should accomp3l1Y this '-I application, and will be made part ofthjs case. ' Dt.:"1'\- BT '1 (5l . ~ Cqf'lS}- 0" I) < Q "'"'~~~~ ~OO i IU: ICe ~IN1~ ~ &1 . . ~ ' . phcant's SIgnature f LJ l..l ~RA-N"'-- 5-y- REASONS FOR DENIAL OF BUILDING PERMIT, BASED ON. THE ASPEN CITY CODE, CHAPTER 26. AN OPINION. CONCERNTNG TmS V ARlANCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTMENT STAFF CASE# DATE PERMIT DENIED DATE OF APPLICATION OFFICIAL HEARING DATE ~.,~. . Receipt of Payment December 9, 2003 ASPEN / PITKIN COMMUNITY DEVELOPMENT DEPARTMENT BOA Case #03-05 Requestfor Temporary Off-Site Construction Storage 515 S. Galena Street Receipt in the Amount of$17D.DO from Warren Burke, Check #50.11 , 130 SoUTH GALENA STREET' ASPEN, COLORADO 81611-1975 . PHONE 970.920.5090 . FAX 970.920.5439 Prinl.dnnR..evdl'dPau.r . , SHAW TRANSMITTAL No. 00067 , : : I, :: ~ ;:;. ~ : T s t, 515 S Galena Street Aspen, CO 81611 Phone: 970-920-3109 Fax: 970-920-3023 TO: City Of Aspen Building Department 130. South Galena DATE: 1/28/04 REF: Temporary Use Permit BorJ PROJECT: Grand Aspen Aspen, CO 81611 Phone 970.-920-5090 Fax ATIN: John Niewoehner WI> A1>1i' . . AI I TAVJ.'~. o ShOD Drawin.. OA~va1 o ADDlOved as Submitted ~ Letter Ii1" YourU.. o ADDroved as Noted o Prints Ii1" N; Requested o Returoed After Loan U Change Order ] . Review and Comment U Resubmit OPIans 0 Submit o Samn1es SENT VIA: " 0 Returoed o Specifications Ii1" Attached , 0 Returned for Corrections o Other: o SPlUtl"lllte Cover Via: 0 Due Date: ITEM NO. COPIES DATE ITEM NUMBER REV. NO. DESCRIPTION STATUS 1/22/04 Temporary Use Permit Bond RES Remarks: The amount of the bond was dictated by City of Aspen Asset Manager. This was requested as part of the temporary use permit public hearing. CC:FIle Signed: ~M/ dmck Apostolik . TEMPORARY USE PERMIT BOND Bond No. 104198704 KNOW ALL MEN BY THESE PRESENTS, that we, SHAW CONSTRUCTION, L,L.C., 111 Kalamath Street, Denver, Colorado 80223 (hereinafter called the Principal), as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, and duly licensed to do business in the State of Colorado, (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF ASPEN, COLORADO, (hereinafter called the Obligee), in the sum of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has made application to the Obligee for a Temporary Use Permit to guarantee that the temporary construction trailer is removed and the site is restored at the end of the approved time period, located at Lot 5, Aspen Mountain Subdivision, 515 South Galena Street, Aspen, Colorado 81611, Parcell.D. No. 273718285005, northwest open space where office trailers are located west of ice rink, in accordance with the rules and ordinances of said Obligee pertaining to same. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall faithfully observe, keep and obey all laws and ordinances of said Obligee relating to the said Temporary Use Permit now in force, or any amendments thereto and shall save, indemnify and keep harmless, the Obligee against all liabilities, judgments, costs and expenses, which may accrue against said Principal in consequence of the granting of such Temporary Use Permit and will in all things, strictly comply with the conditions of the Temporary Use Permit, then this obligation to be void, otherwise to remain in full force and effect. Signed, Sealed and Dated this 22nd day of January, 2004. SHAW CONSTRUCTION, L.L.C. By t' -:.. C .JA4'46 --.. / 1 TRAVELERS CASUAL TV AND SURETY COMPANY OF AMERICA By Cy _HRH . HRH of Colorado P,Q, Box 469025 Denver, CO B0246-9025 OJ 303-722-7776 12 303-722-8862 hltb roglll & nobbs- . , ~- Travelers ~ IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Feaeral Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer hasq met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SU:ETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Courtney T. Peterson, James S. Rosulek, J. R Richards, Douglas J. Rothey, Susan J. Lattarolo; Cynthia M. Burnett, Frank C. Penn, DiLynn Guern, Pamela J. Hansen, Kevin W. McMahon, Donald E. Appleby, Gloria C, Blackburn, Kristen L. McCormick, Florietta Acosta, of Denver, Colorado, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by hislher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signe<l by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chainnan, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditionallllldertaking. and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chainnan, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of ~s Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional Wldertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (Wlder seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or Wldertaking to which it is attached, (11.00 Standard) CITY OF ASPEN BOARD OF ADJUSTMENT Minutes Januarv 8. 2004 MINUTES ................................................................................................................. 2 DECLARATION OF CONFLICTS OF INTEREST ...............................................2 Case 03-04 - Request for a variance from the front yard setback requirements to reconstruct an existing deck at 803 East Durant, Le Clairvaux Condominiums (continued from 11/06/03). ....................................................................................... 2 Case 04-01 - 515 S. Galena, Lot 6 Aspen Mountain PUD: request for the temporary location of two construction trailers for twenty-two months on Lot 6 for Aspen Mountain PUD to be used in staging for construction for Lot 5 Aspen Mountain PUD. ... .,.... ............... ...... ................ ... ... ........ .... ... ..... ... ... ...... .,... .,........ ... ... 4 1 CITY OF ASPEN BOARD OF ADJUSTMENT Minutes Januarv 8. 2004 Rick Head opened the regular meeting of the Board Of Adjustment with members Howard DeLuca, Mark Hesselschwerdt, Bill Murphy and Charles Paterson. Staffin attendance: Sarah Oates, City of Aspen Zoning Officer and Jackie Lothian, Deputy City Clerk. MINUTES MOTION: Mark Hesse/schwerdt moved to approve the minutes from October 16, 2003 and November 6, 2003; seconded by Bill Murphy. APPROVED 4-0. DE CLARA nON OF CONFLICTS OF INTEREST None. CONTINUED PUBLIC HEARING (11/06/03): Case 03-04 - Request for, a variance from the front yard setback requirements to reconstruct an existin2 deck at 803 East Durant. Le Clairvaux Condominiums (continued from 11/06/03). Rick Head opened the continued public hearing. Sarah Oates stated the code reads that you have a right to re-construct non-conforming structures that have become physically unsafe due to a lack of repairs and maintenance but they have to be in conformity with the provisions the title. Oates said that basically the code says you have a right to rebuild but you have to comply with the current setback regulations. There were photographs of the deterioration of the decks but staff was unable to approve this non-conformance therefore they are before the board for a variance. Seth Hmielowski, architect for the applicant, said that once they got into the nuts and bolts of the exterior remodel the issue of non-conformance came up; the decks were a major safety hazard right now and unusable. Rick Head asked what the hardship or practical difficulty. Hmielowski responded that if the decks were to be replaced back to the setback line, and then they would be unusable. Drawings and plans were utilized for illustrative purposes. Howard DeLuca asked the distance between the center post and the setback line. Hmielowski replied it was about 1.6 feet. Oates measured at 1 Y2 feet. DeLuca said that if it were less than 3 feet the building department probably would not accept it because it would not meet code. DeLuca said that they were asking for a 3 foot 9 9/16 inch variance. Mark Hesselschwerdt said the options were to get the variance or remove the decks. Hmielowski replied that was true unless they began moving doors but the association would have to approve that. 2 CITY OF ASPEN BOARD OF ADJUSTMENT Minutes Januarv 8, 2004 Charles Paterson asked what was underneath the decks. Hmielowski replied there were other doors to other units below each deck. Hmielowski said that they were not adding any square footage just replacing what was originally there. No public comments. DeLuca said the only thing that would satisfy code was to grant a minimal variance. Head said possibly a straight deck would work; there were standards that had to be followed. David Hoefer stated that a hardship generally has to do with an unusual site constraint and cannot be something that the person has created, consequently there was no a hardship. DeLuca asked if this was originally a non- conforming building or was it because ofre-zoning that created the situation. Oates replied that it originally conformed with the underlying zoning. DeLuca said that with hardship the rules state that you can rebuild an existing deck if its rotted out and there were safety issues, but then the rule was placed that you have to bring it to code as it is now verses what it was when you originally built it; they did not create the rotting decks and the board has to weigh the two sides. Hesselschwerdt said that if the deck was given the minimum variance of I Yz feet at the doors it would not exactly mimic the building exterior walls. DeLuca agreed. Paterson said that he had the same feeling to cut them down from being as wide; since they have to rebuild the deck anyway they should cut it back. Hesselschwerdt said the decks were north facing; he said it would be a specific variance rather than changing the whole line of the deck. Head commented that the board should not redesign for the applicant but consider the three standards to grant a variance. 1. the variance will be generally consistent with the purposes, goals objectives and policies of the Aspen Area Community Plan; 2. the minimum variance that will make possible the reasonable use of the parcel, building or structure; 3. would not cause unnecessary hardship or practical difficulty. Head noted those three standards had not been met and the applicant should have a chance to redesign. Murphy agreed. Stephen Wright, owner on first floor ofLe Clairvaux, stated that the decks protected the lower units from the snow; the decks were used and would help from a safety factor in the case of fire. DeLuca requested drawings showing the revisions with the scale; Head agreed. MOTION: Howard DeLuca moved to continue the public hearing to January 22, 2004 for revised drawings for the three (3) feet from the point of the door; seconded by Charles Paterson. APPROVED 5-0. 3 CITY OF ASPEN BOARD OF ADJUSTMENT Minutes Januarv 8, 2004 PUBLIC HEARING: Case 04-01 - 515 S. Galena, Lot 6 Aspen Mountain PUD: request for the temporary location of two construction trailers for twenty-two months on Lot 6 for Aspen Mountain PUD to be used in staging for construction for Lot 5 Aspen Mountain PUD. Rick Head opened the public hearing for 515 South Galen Street. David Hoefer stated the proof of notice was complete and the board should proceed. Hoefer asked if staff wanted a bond. Sarah Oates said Shaw Construction stated they would restore to the original condition. The board agreed on a bond. Mark Hesselschwerdt asked if the site was as Shaw wanted it with the fences and two trailers. Chuck Applestolic replied that as soon as the parking garage was built the trailers would move there; until Dean Street was designed nothing can be moved. Hesselschwerdt said that they were approving an existing condition. Applestolic replied that was true. 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