HomeMy WebLinkAboutlanduse case.boa.1008ehopkins.bellis.004-97
NOTICE OF PUBLIC HEARING
CASE #97-04
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 Meeting:
Date: April 3, 1997 Sister Cities Meeting Room
Time: 4:00 P.M.
Owner for Variance:
Applicant for Variance:
Name: The Marasco's
Mr. Arthur Bellis
Address: c/o Bill Poss & Associates, 605 East Main Street, Aspen Colorado 81611
Location or description of property:
1008 East Hopkins, Aspen, Colorado 81611, and is described as beginning at a point 12 feet west of
the northeast comer of Lot L, thence northerly to Lot B, thence easterly to the southeast comer of
Lot #, thence southerly to the northeast comer of Lot D, thence westerly to the place of beginning.
Variances Requested: A variance for a 7% reduction in the required open space, allowing for 28%
open space instead ofthe required 35% open space.
Will applicant be represented by Counsel: YES: NO:X
The City of Aspen Board of Adjustment
130 S. Galena Street
Aspen, CO 81611
Charles Paterson, Chairman
...
/-_.,."
RESOLUTION
Series of
NO.j-
1997
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 97-4
RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF
1008 EAST HOPKINS, ASPEN, COLORADO.
WHEREAS, Mr. Aruthur Bellis has made application, dated
March 20, 1997 to the Board of Adjustment for a variance from
the dimensional requirements of Chapter 24 of the Aspen Municipal
Code; and
WHEREAS, this matter came on for hearing before the Board of
Adjustment on April 3, 1997 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 development application for a variance was initiated
by: Mr. Arthur Bellis on March 20, 1997 for property
with a street address of 1008 East Hopkins, Aspen,
Colorado.
2. Notice of the proposed variance has been provided to
surrounding property owners in accordance with Section 24-6-
205(E) (4)b) of the Aspen Municipal Code.
Evidence of such notice is on file with the City Clerk.
"
~
/- ...
3. The grant of variance will be generally consistent with
the purposes, goals, objectives, and policies of the
Aspen Area Comprehensive Plan and Chapter 24 of the
Aspen Municipal Code.
4. The grant of variance is the minimum variance that
will make possible the reasonable use of the parcel,
building or structure.
5. The literal interpretation and enforcement of the
terms of Chapter 24 of the Aspen Municipal Code
would deprive the applicant of rights commonly enjoyed
by other parcels in the same zone district, and would
cause the applicant unnecessary hardship or practical
difficulty. In determining that the applicant's rights
would be deprived absent a variance, the Board
considered certain special conditions and circum-
stances which are unique to the parcel, building or
structure, which are not applicable to other parcels,
structures or buildings in the same zone district and
which do not result from the actions of the applicant;
to wit:
The property is non-conforming with regards to lot width and
further hindered by the presence of a sewer line on the rear
third of the property.
Section 2. Variance Granted.
The Board of Adjustment does hereby grant the applicant the
following variance from the terms of Chapter 24. of the Aspen
Municipal Code:
A 2% reduction in the required open space, allowing for 33%
open space on the property located at 1008 East Hopkins, Aspen,
Colorado.
2.
. '.
.
Section 3. Conditions Upon Which Variance is Granted.
The variance granted by Section 2, above, is specifically
conditioned upon and subject to the following conditions:
1. Unless vested as part of a development plan pursuant to
Section 24-6-207 of the Aspen Municipal Code, the variance granted
herein shall automatically expire after twelve (12) months from
the date of approval unless development has been commenced as
evidenced by the issuance of a building permit, or an extension
granted by the Board in which case the variance shall expire at
the end of the extension.
2. Applicant shall, prior to filing an application for a
building permit, cause to be recorded with the Clerk and
Recorder's Office of Pitkin County a copy of this resolution.
APPROVED AS TO FORM
c,Qey.JJd--
of the
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
City of Aspen on the ~ ~APril' 1997
4} /J '!
~ -
Chairperson
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. ~d(tUM~
Dep C1ty Clerk
.3.
NOTICE OF PUBLIC HEARING
.-.
.. - ,,J
CASE #97-04
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 ",ill 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: J) !VV(.liU ~~
~ yWt~ en ~u.O~
.~u.3te -Vn- ~ l2!-JJ .Jwo
")f1JVJ l~" o?L of. .~ ~Fmil.
'f!) ~~ ) -:;f}'!L/ ~
Applicant for Var'tn\ce: o4Ji1d. 2i'JYU,ytt
-Yo VVLU-6 ~v ~ ;dt (J
Mr. Arthur Bellis -..u.. l/
.~~~NAO~~ ~~~ r
Address: c/o Bill Poss & Associates, 605 East Main Street, Aspe~. ra~o ~e~ hc~w~.
Y-f\ \.i ell A 0 .rd-~~ -=to- ~"'-U --<a--. \.Iv
Location or description ofpropertv: ':'; l'-'I\'t-- : ~ .n..O ,U ) n
~.v Vv'-'vU1." z..~ . f1.U;X^-'(,( ~
1008 East Hopkins, Aspen, Colorado 81611, and is described as beginning at a point 12 feet \Wst of \j
the northeast comer of Lot L, thence northerly to Lot B, thence easterly to the southeast comer of
Lot #, thence southerly to the northeast comer of Lot D, thence weste~lJ. to the,.place ofbeginnin~,
cdJ cvd J Z:~u;;t.e.<l~ \O-e~
~AA ') -O~: ~iJ -,
Variances Requested: A variance for a 7% reduction in the r'{quiijif op~pa~fng for 28~
open space instead of the required 35% open space. OvYl- -e.~~"" ~
/U.~~--,IVG . _SvYv'-.<. C~
Will applicant he represented by Counsel: YES: NO:X \J'-el-~ ~~) \1"\.!}i.A.~~'!.J J
The City of Aspen Board of Adjustment cD ~ ./2.e~
130 S. Galena Street ~. . '^-.-'"L() ~ [L~V::U ' \j
Aspen, CO 81611 ' ~c:)""Y1.kyt
Charles Paterson, Chairman . Ovu. --L-Vyy~l/X;~M
. 7!a U1 ci8 dO '\ iJ (yv h& (;'Yl.L- ) ~fM.dl'~ } he ~.
~ ( . 1C'), (Jv,~h'\. <LL>L0tl:Lcec hQ..e&./:J Jtzy L.,f D,~.u ") Ji&r~' C
Date and Time of Meeting:
Date: April 3, 1997 Sister Cities Meeting Room
Time: 4:00 P.M,
Owner for Variance:
Name: The Marasco's
County of Pitkin } ,
} 55.
State of Colorado }
AFFIDAVIT OF NOTICE PURSUAi'IT
TO ASPE...'l LAND USE REGULATION
SECTION 26.52.060 (E)
L VA V I D 15fP-Ak. . being or representing an
Appli=t to the City ot Aspen. personally c...-rtify thaI I have complied. with the public notice
requiremenTS pursuant to Section 26.52.060 (E) of the Aspen Land Use Regulations in the
following manner.
l. By mailing of notice, a copy of which is =hed hereto, by first-class. postage
prepaid U.S. Mail to all owners of property within three hundred (300) feet
of the subject property, as indicated on the =hed list. on the 'l-D day of
MAuH ,199J(which is & days prior:o the pubiic he~ng date or f' 'b-"I7',
,., By posting a sign in a conspic:lous place on the subject property (as it couk '::e
ic way) and mat the said sign was posted and visibie
day or MtuIf ' 199 J (Must be :,osied for
dore the he::ring date I. A photogr-aph or ,he ?osi<:d
lif&tf~~
Signed before rr:e this ;l J:lf day
0;: /1//i'CH ,199Zby
[J Via :J. RYBAK
WITIH:SS m HAJ.'lD Ai'll) OfFICLlj. SEAL
My commission expires: ~1tJ6 ,
EliSA JULIEN
U B 1 Ie
31300 HWY 82 #11*
ASPH cn 81611
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MEMORANDUM
RE:
Board of Adjustment
Julie Ann Woods, Community Development Deputy Director 'r)~;)
.....~-"--".-/
Sara Thomas, Zoning Officet1)
1008 East Hopkins, Aspen, Colorado
TO:
THRU:
FROM:
DATE:
March 27,1997
--------------------------------------------------------------
--------------------------------------------------------------
SUMMARY: The applicant is requesting a variance from the open space
dimensional requirement. The 6601 square foot lot is located in the RMF zone
district which requires 35% open space. The applicant is requesting a variance
for a 2% reduction in the required open space, allowing for 33% open space.
The variance request would allow for 2178 square feet of open space, versus the
required 2310 square feet of open space,
The parcel is 45 feet wide by 146.5 feet deep and is a non-conforming parcel in
the RMF zone district, which has a minimum lot width requirement of 60 feet.
The parcel is bordered on the western portion by a City owned parcel which
contains a Sanitation utility easement. The lot is bisected on the rear third
portion by a sewer line which serves the neighboring apartment complex to the
east.
A cabin, which is listed on the Historic Preservation Inventory, is located on the
parcel. The HPC reviewed this project for Conceptual Approval at their meeting
on March 26, 1997, The HPC tabled the project until their next meeting, asking
that the applicant shift the historic structure to the west in order to provide more
separation from the existing neighboring building. The shift in the building
should not affect the overall available open space, Staff will verify all open
space calculations at the time the project receives final HPC approval. The HPC
has the authority to grant the required setback variances for this project. The
project will also be reviewed by the Planning and Zoning Commission for a
Stream Margin Review.
Please refer to the attached drawings and written information provided by the
applicant for a complete presentation of the proposed variance.
APPLICANT: Mr, Arthur Bellis, represented by Dave Ryback from Bill Poss
and Associates
LOCATION: 1008 E. Hopkins, Aspen, Colorado
REVIEW STANDARDS AND STAFF EVALUATION: Pursuant to Section
26.108,040 of the Municipal Code, in order to authorize a variance from the
dimensional requirements of Title 26, the board of adjustment shall make a
finding that the following three (3) circumstances exist:
1, Standard: The grant of the variance will be generally consistent with the
purposes, goals, objectives, and policies of the Aspen Area
Comprehensive Plan and this title.
Response: Section 26. 28.090 of the Aspen Municipal Land Use
Code states that the percent of open space required for a building
site in the RMF zone district be 35%. The proposed project, which
provides 33% open space, is bordered by a City owned parcel which
contains a utility easement. The applicant is seeking approval from
the Sanitation District to landscape and maintain the City parcel.
The combined effects of the, open space on the City parcel, together
with the open space being provided for by the applicant, result in
the appearance of significant open space and is generally
consistent with the requirements of the Land Use Code.
2. Standard: The grant of the variance is the minimum variance that will
make possible the reasonable use of the parcel, building, or structure.
Response: The parcel is constrained by three factors: the presence
of the historic structure which the applicant is retaining on site and
integrating into the proposed addition; the narrow non-conforming
lot width; and the presence of a sewer line on the back portion of the
parcel. These conditions restrict the available building area and limit
the placement of the new portion of the structure. Based on these
limitations, staff concludes that the applicant is requesting the
minimum variance possible,
3, Standard: Literal interpretation and enforcement of the terms and
provisions of this title would deprive the applicant of rights commonly
enjoyed by other parcels in the same zone district, and would cause the
applicant unnecessary hardship or practical difficulty. In determining
whether an applicant's right would be deprived, the board shall consider
whether either of the following conditions apply:
a. There are special conditions and circumstances which are unique to
the parcel, building or structure, which are not applicable to other parcels,
structures or buildings in the same zone district and which do not result
from the actions of the applicant; or
"
b. Granting the variance will not confer upon the applicant any special
privilege denied by the Aspen Area Comprehensive Plan and the terms of
this title to other parcels, buildings or structures, in the same zone district.
Response: The parcel is constrained by the unique conditions
which are outlined above, In addition, the parcel is bordered by a
City owned property which contains a utility easement. This
adjacent property, while not being used to calculate required open
space, does give the appearance of significant open space for the
subject parcel.
ALTERNATIVES: The Board of Adjustment may consider any of the following
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 finding that the review standards are not met.
RECOMMENDATION: Staff recommends approval of the open space
variance request.
RECOMMENDED MOTION: "I move to approve the request for a 2%
reduction in the required open space, allowing for 33% open space on the
property located at 1008 East Hopkins, finding that the review standards
have been met."
.1
:JIspen Consoi)dafed OamlaHon 7Jisfncf
565 North Mill Street
Aspen, Colorado 81611
FAX #(970) 925-2537
Michad Kelly
Frank Loushin
Bruce Matherly, Mgr.
"Tde. (970) 925-3601
Sy Kelly. Chairman
Albert Bishop' Treas.
Louis Popish . Secy.
August 20,1996,
Yusem Corporation
215 S. Monarch suite 104
Aspen, CO 81611
Dear Jeff.
@
This letter is written to summarize our discussions about your
client's request to place a driveway over the sanitary sewer line
easement "at 1008.E, Hopkins, Your client will need to write the
District ,a letter stating that the driveway will be constructed at
the owners risk and that he understands that if the District needs
\
to remove the driveway for future repairs or replacement that the
District will not replace the driveway or be held liable for any
related costs of the removal.
The District wi 11 need to approve a pI an and profi 1 e of the
proposed driveway alignment as soon as plans are available and
prior to the installation of the driveway.
Three issues that came up after our meeting are:
1. There are three sewer services that run behind the
existing building at 1008 E. Hopkins that may need to be lowered
and relaid to protect them from freezing prior to the installation
of the driveway.
2. Jack Reid the ci ty of Aspen streets superintendent voiced
significant concerns about the storm sewer in the adjacent easement
that will require a new storm sewer and related facilities that may'
adversel y affect the sani tary sewer faci 1 i ties. . Once Jack has
advised you on the storm sewer lines, catch basins and retention
ponds that will be required, we can determine if the storm sewer
facilities will adversely impact the sanitary sewer line. "",'
3. Depending upon the plan and profile of. the driveway,"the
manhole at the northern ot line may need to be adjusted to grade.
__~ 1
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, Thomas R. Bracewell
Collection Systems Superintendent
. ~.;~-,oj;
cc Jack Reid
RECEIVED.
SEP 1 6 1996
EPA Awards of Excellence
1976,1986.1990
Regional and National
BILL POSS AND ASSOCIATES
ASPEN, COLQRAOD
MaF"'-03-97 ],7:29
P.02
...
1000 East Condominium Association
.
,.i'
. March 3, 1997,
Mr. Arthur Bcllis
960 EaSt Hopkins Avenue
Aspen CO 81611
Dear Arthur, .
We have reviewed your plans to build a home on the property 10 our immediate east,
which incorporates the existing, historic cabin. We are quitc pleased with your plans and are most
agreeable to allow you the use of our existing driveway for your entrance and access to your
garagc.
"'
lfyou require further comment, I can be reached at:
CJ!':'
~,''''{\''
a
Rick Hcssion
980 East Hopkins Avenue
Aspcn CO 81611
Phone 920 6530
Fax 920 6535
Yours very truly,
C''d~~
'~"'f' ~
Rick Hession -
President, ,',
1000 East Hopkins Condominium Association'
r
,
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t:
,
:-.'
.-,-"...
',)':',C/O Otte & Cote "
1280 Ute Avenue. Aspen CO ~ 81611_
MikeOtte~ 9709251160. Fax 970 925] ]66
Rick Hession. 970 920 6530 . Fax 970 920 6535
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PoOl
Mar-03-97
17:29
(~
O.w
Arthur Bellis
960 E. Hopkins Ave,
Aspen, CO 81611
February 28. 1997
Nick Adeh. P,E.
City Engineer
City of Aspen
130 S. Galena St.
Aspen, CO 81611
Re: 1008 E. Hopkins Ave,
Dear Mr, Adeh:
I am tile prospective owner of the property at 1008 E. Hopkins. which I currently have a contract to
purchase. With the help of architects Bill Poss and Associates and builder Jeff Yusem, I have been
working with the staff of Historical Preservation Commission in order to save the existing cabin while
incorporating it into a plan for my new home,
The Prospective plan (copy enclosed) provides for the use of the driveway of the building immediately
to the west of the property and crossing over, utilizing a por1ion of city owned property on which the
Aspen Consolidated Sanitation District has a sewer line easement.
As you can see by tI1e enclosed letter from the SanitotiDn District, they are amenable to my use of the
easement based upon my assumption of the wish for l\JIure repairs. and the District approval of a
final plan and profile for the proposed driveway,
I am requesting tI1e City's authoriZation and approval as the property owner, consistent with the
approval of the Sanitation Dislrtct.
I have enclosed tile following for your review:
1, Site plan for the proposed improvements
2. Letter from the Aspen Con50lidated Sanitation Dislrtct
3. My Ieller to the Aspen Consolidated Sanitation DistriCt
4, Letter of approval from 1000 East Homeowner's Association
If I can provide you with any further information. please do not hesitate to call me at 544-8457. or
Dave Rybak at Bill Poss and Associates, 925-4755.
cc: Dave Rybak
Jeff Yusem
''::~
',..;:/
CITY OF ASPEN
BOARD OF ADruSTMENT
DEVELOPY!ENT APPUCATION
DATE ~ 1,,0 19~1
APPUCANT -bT/J~~ h~"
MAILlNGADDRESS ~ 27,,,,,- p~ 1 h.
I P
OWNER 1H", M~uI'.,
MAILlNG ADDRESS
CASE it
PHONE 1~.q16'5
//;~q 1-# /lAM" f?r. A-l.fuJ
PHONE '1'16'--4-7 IT
LOCATION OF PROPE...~TY
lOOP, tlt'ff ~""/J~ AVI.IJIlf..
(Streer. Block Nu ber ma Lut Number)
W1ll YOU BE REPRESE'ITED BY COL"NCIL~ YES NO'j.,
Be:ow. desc:ibe c:e::riy me proposed variance. inc:uding all dimensions ma justification ror me
nnmce. (Additional paper may be used. if necessaI"j.) Tne building pe::nit "ppiication md my
other information you ree: is pertinent should accompany this appiication. ma wiil be made part or
~s c:.s~.
""li=", Sign_ ~/Ryht, t/w;;1"
REASONS FOR DE:-iI.-ti. OF BUILDING PER.'YllT, BASED ON TEE ASPEN CITY
CODE, CHAPTER 24. AJ.'Ij OPINION CONc:ER."UNG THIS VARIANCE WILL BE
PRES]J,"IfTED TO TEE BOARD BY TEE ZONING DEPARThffi."fT STAFF,
DATE PER.'vflT DE'lIED
OFFICIAL
DATE OF APPUCATION
HEARING DATE
,. .,
605 EAST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE 970/925-4755
FACSIMILE 970/920-2950
BELLIS RESIDENCE
BOARD OF ADJUSTMENTS
PROJECT SUMMARY
MARCH 20, 1997
EXISTING CONDITIONS:
The project is located in the 1000 block of East Hopkins Avenue within a residential
neighborhood of various architectural styles. Existing on the site is a Victorian Minor's
Cabin which had been moved to this location during the 1960's. This structure has
received numerous additions and alterations over its time of use and currently is in
need of considerable maintenance, The cabin is listed on the Historic Preservation
Inventory and we propose to have the structure receive Landmark Designation,
The site is 45 feet wide by 130 feet deep with the cabin currently sited 61 feet back
from the Southern Property Line. and on the Western Property Line, A City owned, 18
foot wide parcel is adjacent to the western boundary, which the Aspen Consolidated
Sanitation District has an utility easement through, Beyond this property to the west is
a new four unit town home complex which is two and one-half stories tall. The Roaring
Fork River and an existing Trail and Fisherman Easement border the Northern Property
Boundary, A four story apartment complex sits adjacent at the back of the Eastern
Property Line, with a two story wooden apartment building sited at the street front of
this Eastern side. The topography of the site slopes approximately 8 feet from the
street to the top of the river bank, A sewer line crosses the property from the western
sewer easement to serve the four story apartment building at approximately 115 feet
from the southern property line,
PROPOSED PROJECT:
The property is currently owned by the Marasco Family, who had reached an
agreement to sell the parcel to Mr. Bellis with the understanding the existing cabin
would be removed from the lot prior to closing, During the due diligence period of the
sale the Marasco's were unsuccessful in an attempt to relocate the cabin to the Music
Associates Campus on Castle Creek, Also during this time we began to study the site
and Mr. Bellis' requirements for a single family residence, Through our programing and
site analysis process we discovered the possibility of utilizing the existing structure
within our solution for the Bellis Residence, Mr. Bellis embraced the idea of retaining
the structure on site, and allowed us to study a design solution which will keep this last
example of the Victorian Minor's Cabin within the neighborhood.
Bellis Residence
Project Summary
March 14, 1997
6J5 EAST MAIN STREET
ASPEN, COLORADO 81611
T=LEPHONE 970/925-4755
F4CSIMILE 970/920-2950
The proposed solution to create the residence will remodel the existing cabin and
relocate it to the street front of the property, The non-historical additions will be
removed and we plan to bring the cabin to a simpler form, Separated from the restored
cabin by a twenty foot long, glass and wood, one story entry foyer, a two story addition
will occupy the back of the site. Due to the narrow lot Mr. Bellis has reached an
agreement, with the neighboring town homes to the west, to utilize their existing
driveway and is currently awaiting approval from the City Engineer for a surface access
easement across the City Parcel. The Sanitation District has approved the use of this
area for a driveway and landscape improvements for which Mr. Bellis will be
responsible for replacing any development should utility repair or improvement be
reqLired.
REQUIRED APPROVALS:
To make this project possible we are requesting an Open Space Variance from the
Board of Adjustments, With a non-conforming lot width of only 45 feet and the sewer
line bisecting the back half of the parcel, the project has a restricted buildable site area,
The proposed residence has utilized the existing historic structure in a compound
design to create as much open space as possible within this limited area; however this
solution provides 28% open space, 7% short of the required 35%, The 437 square foot
open space shortage is compensated by the adjacent 18 foot wide City parcel which
provides a permanent sideyard and separation along the western boundary, As the
accompanying site plan demonstrates these two lots will visually appear to be one
larger lot. If the total area of both lots would be used to calculate the open space, this
residence appears to have 50% Open Space,
In addition to the Open Space Variance of 7% from the Board of Adjustments, this
design requires the residence to be sited along the western property line, We have
requested a 5 foot sideyard setback variance and 13 foot overall sideyard setback
variance from the Historic Preservation Commission, This siting is also balanced by the
adjacent City parcel, providing an 18 foot separation to the shared driveway and 30 feet
to the neighboring town homes. The use of the existing historic structure within the
design of this single family residence has required the allocation of floor area to rooms
which were originally programmed to be smaller and a 500 square foot F, A. R, bonus
has been requested from the H. P. Coo
2
"
,
Bellis Residence
Project Summary
March 14, 1997
605 EAST MAIN STREET
ASPEN. COLORADO 81611
TELEPHONE 970/925-4755
FACSIMILE 9701920.2950
CONCLUSION:
Within the restrictive boundaries of this site we have been able to design a residence
which will rehabilitate a forgotten remnant of Aspen's past and allow the cabin to be the
prominent structure on the site. The sewer line bisecting the property has restricted
the placement of the addition further back on the parcel forcing the open space to fall
7% short of the requirement. The adjacent City owned parcel provides more than
enough open space, and the end result will be a single family residence which is broken
into smaller masses, visually sited on a large open parcel, within a neighborhood which
has been overrun by large single family and multi-family residences,
3
C:"'"
~ Sf;1
,,,
,
605 EAST MAIN STREET
ASPEN, COLORADO 81611 ~
__ . _' TEJ...EPHONE 9701925-4755 .-- -
FACSIMILE 970/920-2950 --
- --, --.-.---..---..---
Bellis Residence" .
Property Location and Description
Street Address:
1008 East Hopkins Avenue
Aspen, Colorado
Legal Description:
PARCEL 1.:
J
'L<'.J:. EAST 12 FEET OF LOT L, ALL OF LOT M AND THE EAST 3 FEET OF LOT N
IN BLOCK 25 IN Tr:E EAST ASPEN ADDITION TO-THE CITY AND TOWNSITE OF
ASPEN.
PARCEL 2:
,
TIiE EAST 12 FEET OF LOT B, 'ALL OF LOT C AND AN ADJACENT PARCEL OF L&'ID
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 12 FEET WEST OF Tr:E NORTHEAST 'CORNER OF 'LOT L,
TF~~CE NORTHERLY TO LOT B, ~~CE EASTERLY TO THE SOOT~~T CORoNER OF
LOT E, THENCE SOUTHERLY TO THE NORTHEAST CORNER OF LOT D, THENCE
WESTERLY TO T.dE PLACE OF BEGINNING.
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PIT KIN C 0 U N T Y T 1 T L E,
INC.
{~ID
THANK YOU FOR YOUR ORDER
please find enclosed a commitment or commitments to issue Title Insurance.
Please review the enclosed and if you have any questions please do not hesitate
to call us at the number listed below.
TO: MASON & MORSE
ATTENTION: PENNY CARRUTH
DATE: September 26, 1996
OUR CASE NO.: PCTl1092C2
SELLER:
THE R & R COMPANY, MARY JOSEPHINE STARMER, E.J.\1ILY A. MARASCO AND
BERJ.~ARD R. MARASCO, AS TO PARCEL 1
RAE MARASCO, AS TO P.t..RCEL 2
BUYER/BORROWER:
ARTHUR P. BELUS
LENDER:
LEGAL:~SCOPROPERTY
,
COPJES TO:
1. DAVE RYBAK
2.
3.
4.
SCHEDULE B'S DELIVERED TO:
COMMENTS: REVISED TO ADD ADDITIONAL PROPERTY
i~
601 E. HOPKL.'o/S
ASPE,'\I, COLORADO 81611-1967
'ii'
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COT11T11itment for Title Insurance
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FuJ.e/iry Nanonal Tale InsUT'a1U:1! Compmry
A SUd C""",,",,y
COMMITMENT FOR TinE INSURANCE
FID~LlTY N~ rrON~L TITLE INSUR~NCE COMP....NY. a Corporation. herein called the Compariy, fc,valuable
consideration. herebycommi(S to issue iu policy orpolicies of title insurance. as identified in Schedule...., in favor
of the proposed insured named in Schedule..... as owner or mortgagee of the estale or interest covered hereby in
[he land described or referred to in Schedule~. upon payment ofrhepremiums and charges [herefore: all subject
co the provisions of Schedules ~ and B and co che Condirions and Sripu/ations hereof.
ThiS Commitment shall be effective only when [he idemity of [he proposed Insured and the amoum of the
policy or policies committed for hav~ been inserted in Schedule.... hereof by the Company. either at the time of
the issuance of [his Commitment or?y subsequent endorsement.
, This Commitment is preliminary to [he issuance of such policy or policies of title iniurance and all liability and
obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy
or policies committed for shall issue, whichever first occurs. provided that the failure to issue such policy or
policies is not the fault ofrhe Company. This Commitment shall nor be valid or binding until countersigned by an
authorized officer or agent.
IN WITNESS WHEREOF. [he Company has caused [his Commitment to be signed and sealed, to become valid
when countersigned by ;1t1 authorized officer or .gent of the Company. a/1 in accordance with irs By-Laws. This
Commitmenr is effective as of the date shown in Schedule A as "EffeC'Jve Date."
F1de/ity Natiana/TItIe /nsUrant:8 Canpan'(
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Counteraigned
BY #~!iT (
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A TrEST
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.....TACOMMIThIENT.1.66
Valid Only if Schedule A and II are Attached .
Th. ,Oftd_ ~IIHI......- """u.... _ ... ,....,...... .... ch"1" ..,.;d,nor I. ... -....- .llh. ~tlo poliq(.~ n-M..... no poli<y(.) will.. bIu.d
until tM dulS" hn.. been rcnUtted to en. p.,ill'l .eM.
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col\1Ml1'ME!'IT FOR TITLE INSURANCE
SCHEDULE A '
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Effective Date:
OS/01/96
at
OS:30 A.M.
Case No. PCT11092C2
2. Policy or policies to be issued;
(a) ALTA Owner's Policy-Form 1992
Amount$ 1,000,000.00
PremiumS 2,344.00
Rate:STANDARD
Proposed Insured:
ARTHUR P. BELLIS
(b) ALTA Loan policy-Form 1992
Proposed Insured:
Amount$'
premiumS
Rate:
Tax Certificate $20.00
3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof
vested in: .
THE R & R COMPANY, ~ARY JOSEPHINE STARMER, EMILY A. MAJL~CO AND
BERNi'.RD R. MA.IU\.SCO, AS TO PARCEL 1
RAE MARASCO, AS TO PARCEL 2
4. The land referred to in this Commitment is situated in the County
of PITKIN, State of COLORADO and is described as follows:
See Attached Exhibit "A"
ISSUING COMP~~: FIDELITY NATIONAL TITLE INSURANCE COMPANY OF CALIFORNIA
By:
PITKIN COUNTY TITLE,
601 E. HOPKINS
ASPEN, CO, S16~1
970-925-1766
970-925-6527 FAX
AUTHORIZED AGENT
INC.
Schedule A-PG.1
This Commitment is invalid
un~ess the Insuring
Provisions and Schedules
A and B are attached.
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PARCEL ~:
EXHIBIT A
THE EAST 12 FEET OF LOT L, ALL OF LOT M AND THE EAST 3 FEET OF LOT N
IN BLOCK 25 IN ~~ EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF
ASPEN.
PARCEL 2:
THE EAST 12 FEET OF LOT B, ALL OF LOT C AND AN ADJACENT PARCEL OF LAND
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 12 FEET WEST OF THE NORTHEAST CORNER OF 'LOT L,
THENCE NORTHERLY TO LOT B, THENCE EASTERLY TO THE SOUTHEAST CORNER OF
LOT E, THENCE SOUTHERLY TO THE NORTHEAST CORNER OF LOT D, THENCE
WESTERLY TO THE PLACE Of BEGINNING.
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SCHEDULE B - SECTION 1. ",
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) payment to or for the account of the gran~ors or mortgagors
of the full consideration for the estate or interest to be insured.
ITEM (b) Proper instrument(s) creating ~he estate or interest to be
insured must be executed and duly filed for record to-wit:
1.. Re-Recordation of the following Deeds:
Quit Claim Deed recorded October 21, 1982 ~n Book 434 at Page 491;
Quit Claim Deed recorded May 31, 1985 in Book 486 at Page 973;
Bargain and Sale Deed recorded August 18, 1993 in Book 721 at Page
652; Bargain and Sale Deed recorded August 18, 1993 in Book 721 at
Page 653; Bargain and Sale Deed recorded January 3, 1996 as Reception
No. 388775; Bargain and Sale Deed recorded January 3, 1996 as
Reception No. 388776; Bargain and Sale Deed recorded January 3, 1996
as Reception No. 388777; Bargain and Sale Deed recorded January 3,
1996 as Reception No. 388778;
This requirement in necessary to show City of Aspen Real Estate
Transfer Tax stamp eith~r being paid or exempt.
2. Deed from:
MARASCO AND
To
THE .R & R COMPANY,
BERNARD R, MARASCO
ARTHUK P. BELLIS
MARY JOSEPHINE STRAMER, EMILY A.
AND RAE MARASCO
Copy of the Trade Name Affidavit or Partnership Agreement of THE R & R
COMPANY disclosing the names of the partners, and the other
information required by '73 eRS 7-71-101 (1) (1), as amended
evidencing the existence of said partnership on, or prior to its
acquisition of title to the land herein.
NOTE: Evidence satisfactory to the company as to the authority of the
person(s) executing the above document{s) must be provided, subject
to any additional requirements deemed necessary.
4. Evidence satisfactory to the Company that the Real Estate Transfer
Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance
No. ~3 (Series of 1990) has been paid or exempted.
5. Certificate of nonforeign status executed by the transferor{s). (This
instrument is not required to be recorded)
6. completion of Form.DR 1079 regarding the witholding of Colorado Tax
on the sale by certain persons, corporations and firms selling Real
Property in the State of Colorado. (This instrument is not required
to be recorded)
7. Evidence satisfactory to the Company that the Declaration of Sale,
Notice to County Assessor as required by H.B. 1288 has been complied
with. (This instrument is not required to be recorded, but must be
delivered to and retained by the Assessors Office in the County in
which the, property is situated)
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SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to
following unless the same
company:
be issued will contain exceotions to che
are disposed of to the satisfaction of the
~_ Rights or claims of parties in'possession not shown by the public records.
2. Easements, or claims of easements, not shown :by the p1JJ:Jlic records.
J. Discrepancies, conflicts in boundary lines, shortage in area, enchroachments,
any facts which a correct survey and inspection of che premises would disclose
and which are not shown by the public records.
4. Any lien, Or right to a lien, tor services, labor, or material heretofore or
hereafter furnished, imposed by law and not shown by che public records.
5. Deteccs, liens, encumbrances, adverse claims or other matters, if any,
created, first appearing in the public records or attaching subsequent to the
ef!ec~ive daee hereof bue p:ior eo the dace ehe proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by
this Commitment.
6. Taxes due and payable: and any tax, special assessment, charge or lien imposed
for water or sewer service or fer any other special taxing discrict.
7. Reser<ations and exceptions as set forth in the Deeds from the city
of Aspen recorded in Book 90 at Page 112 ans recorded in Book SO at
P1>.ge 123 providing as follows: "Th3.t no title shall be herel:y
acquired to any mine of gold, silver, cinnabar or copper or to any
valid mining claim or possession held under existing laws".
8. Easamen~ and right of way for Fishing as set forth in Fisherman's
Easement recorded September 23, 1992 in Book 689 at Page 353.
9. Easement and right of way for Trail purposes as set forth in Trail
Easement recorded September 23, 1992 in Book 689 at Page 356.
This commitment is invalid unless
the Insuring Provisions and Schedules
A and B are attached.
Schedule B-section 2
Commitment No. PCT11092C2
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ADDITIONAL INFORMATION
AND DISCLOSURES
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The Owner's Policy to be issued, if any shall contain the following
items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under schedule B-section 1.
(2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION
WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISStF....D
HEREUNDER)
Pursuant to Insurance Regulation 89-2;
NOTE: Each title entity shall notify in writing every prospective
insured in an owner's title insurance policy for a single family
residence (including a condominim or townhouse unit) (i.> of
that title entity's general requirements for the deletion of an
exception or exclusion to coverage relating to unfiled mechanics
or materialmens liens, except when said coverage or insurance is
extended to the insured under the terms of the policy. A
satisfactory affidavit and agreement indemnifying the Company
against unfiled mechanics' and/or Materialmen's Liens executed
by the persons indicated in the attached copy of said affidavit
must be furnished to the Company. Upon receipt of these items
and any others requirements to be specified by the Company upon
request, pre-printed Item Number 4 may be deleted from the
Owner's policy when issued. please contact the Company for
further information. Notwithstanding the foregoing, nothing
contained in this paragraph shall be deemed to impose any
requirement upon any title insurer to provide mechanics or
materialmens lien coverage.
NOTE: If the Company conducts the owners' closing under
circumstances where it is responsible for the recording or
filing of legal documents from said transaction, the Company
will be deemed to have provided "Gap Coverage".
(b)
to Senate Bill 91-14 (CRS 10-11-122);
The subject Real property may be located in a special Taxing
Districtj
A Certificate or Taxes Due listing each taxing jurisdiction
may be obtained form the County treasurer of the County
Treasurer's Authorized Agent;
Information regarding Special Districts and the boundaries of
such districts may be obtained from the Board of County
Commissioners, the County Cl2rk and Recorder, or the county
Assessor.
NOTE, A tax certificate will be ordered from the County
Treasurer by the Company and the costs thereof charged to
the proposed insured unless written instruction to the
contrary are received by the comoany' prior to the issuance of
the Title Policy anticipated by this commitment.
Pursuant
(a)
'.
(c)
This commitment is invalid unless
the Insuring Provisions and Schedules
A and E are attached.
Schedule B-Secticn 2
Commitment No. PCT11092C2
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January 30,1997
Amy Amidon, Historic Preservation Officer
Community Development Department
Aspen, Colorado 81611
Dear Miss Amidon:
I, Arthur Bellis, do hereby authorize Bill Poss and Associates to represent my interests
during the process to gain approval of Partial Demolition, On-site Relocation and further
development of the existing structure located at 1008 East Hopkins Avenue, Aspen,
Colorado,
Arthur Bellis
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A IT ACHMENT 1
LAND USE APPLICATION FORM
1. Project name_fJE\..l..ll1
2. Project location _I DO?,>
J2.EI? I p E;tl G€.
!f.Iwr HOrl=.'~
1Nf-.
(indicate street address, lot and block number or metes and bounds description)
3. Presentzoning~
4. Lot size {PI 4:;~ l1.f.
5. Applicant's name, address and phone number
A~:"lIlt.1bUj.I" ~T Hop)<'l~ ,,",t.. A-IJrft.#l, t'AJ ~IIJ(/ ~,,"+.HS1
6. Representative's name, address, and phone number
~ ~("1r1'Ih . liJlJfiJ DMT. Molr1tt t;Ir. flf.rr..J.. UJ ~v.,n 'l'1.S-41SS'
7. Type of application (check all that apply):
1
Conditional Use
Special Review
8040 Greenline
Stream Margin
Subdivision
GMQSallotment
View Plane
Lot Split/Lot Line
Adjustment
Conceptual SPA .....x..
Final SPA
Conceptual PUD
Final PUD -X...
Text/Map Amend. ~
GMQS exemption -X.
Condominiumization _
Conceptual HPC
Final HPC
Minor HPC
Relocation HPC
Historic Landmark
Demo/Partial Demo
Design Review
Appeal Committee
8. Description of existing uses (number and type of existing structures,
approximate sq. ft., number of bedrooms, any previous approvals granted to the
property) 01N~L.li f"tM1/'''1 U"'~~-
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9. Description of development application 01~{.vt.. fbi'1 fl-6HIDWU
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10. Have you completed and attached the following?
Attachment 1- Land use application form
Attachment 2- Dimensional requirements form
Response to Attachment 3
Response to Attachments 4 and 5
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A IT ACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
Applicant: AF-"THLlI'o. h:.u..I'1
Address: loot> ;Aefi HDf"-IHn ~l-HII~
Zone district: -'2../ MF
Lot size: ~f'
Existing FAR: I./PO ~.f.
Allowable FAR: 1}\ 'Z-/\ (; h'f-
Proposed FAR: __:" . ".1.1'l~ "'f.
Existing net leasable (commercial):
Proposed net leasable (commercial):
Existing % of site coverage: IfJ.~tJ/b
Proposed % of site coverage: 4"6/0
Existing % of open space: u'J,.,71/0
Proposed % of open space: ' 2.'b I/O
.
Existing maximum height: Principal uldq: I~ fT. Accesory bldg:
Proposed max. height: Princioal bldg: ~"k 1Cl;9.~ Accessorv blda:
.., ,
Proposed % of demolition: _ '.!>2. "It>
Existing number of bedrooms: '?
Proposed number of bedrooms: _4
Existing on-site parking spaces: 4-
On-site parking spaces required: 2.
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Setbacks
Existing:
Front: (/1 fT.
Rear: '?1 fT.
Combined
Front/rear:~'
Side: 0
Side: I'l.
Combined
Sides: 1'2. fT.
Proposed:
Front: -\0
Rear: 11 '5
Combined
Front/rear: 4- t:7
Side: 0
Side: "
Combined
Sides: I?
Minimum required:
Front: 10 /"T.
Rear: 10 fi.
Combined
Front/rear: 'l.() f'T.
Side: l? Pr.
Side: _5 rr.
Combined
Sides:~
Existing nonconformities or encroachments:J-br WI llTll I,., +~ f'l'. /JDT Vb fro tUII~ 1
~'DL-(k1Al ",1IrP,-' fAoI"J""'..fIl4g",-r
Variations requested:~1IU. YM-II>tJU,q ~lglI.. Vtrt-o <SBA~ Vkt.J~\
1;0,' dvit.A1A.- ~~ VA"L'oMll'J4, 1500 ~f F.A "tt... M>J()<, """'~,
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(HPC has the ability to vary the following requirements: setbacks, distance between buildings,
FAR bonus of up to 500 sq,ft, site coverage variance up to 5%, height variations under the
cottage infill program, parking waivers for residential uses in the R-6, R-15, RMF, CC, and 0 zone
districts)
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