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HomeMy WebLinkAboutLand Use Case.431 W Hallam Ave.0076.2013.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0003.2014.ASLU PARCEL ID NUMBERS 2735 1243 3001 PROJECTS ADDRESS 431/433 W HALLAM ST PLANNER JENNIFER PHELAN CASE DESCRIPTION RESIDENTIAL DESIGN VARIANCE REPRESENTATIVE DH HALLAM LLC DATE OF FINAL ACTION 12.30.13 CLOSED BY ANGELA SCOREY ON: 4.30.14 4 27 t u) l-\,all &#A 94, F 0 0076.2013.ASLU 431/433 W.Hallam St Residental Design Variance 2735 1243 3001 C \ 21+6-&, 7 _.jo/dr' J External Media Located Here i i M-007783 1.. 1 RMMI *f. 4+4// 0016·2013.ASLU 1 ...11 1 + l 1.11,1 , 1 11'h 1 1.1111 '1 eli © 1 ' 1 , 211'111.; . , 1 11 1 1... 1 .../.-.1 . - file Bit Record Navigate Fgrm Reports Format Iab Help ~ A ..4 @ * IX >: 9 4 79. i fIt 3 :d 9· . i il ; 2 n 1 31 Jump 1 . v, tf. i U w, . I #+ 3 41 2 2 3 3 0 ill 9 9 32 -3 2 9 - V V ~ , Main I Custom Fields . Routing Status Fee Summae Actions Routing klistory 1 i . ....................~............... Permit type 'aslu |Aspen Land Use | Permit # !0076.2013.ASLU 1 Addiess 431MB W HALLAM ST -4 Apt/Sdte i I City ~ ASPEN State,CO j Zip ~81611 1.:= Permit Information : 4 Master pelmit 11 i Routing queue |aslu07 . Applied ~11/20/2013 Proied| ' 11 Status ~pending ~ Approved 1 Description RESIDENTIAL DESIGN VARIANCE ( EXISTING DUPLEX TO BE DEMOLISHED +NEW , Issued ~ ~RESIDENCE CONSTRUCTED) Closed/Final ~ Submitted DYLAN JOHNS 429-8470 I Clock ~Running < Daps | Ol Expires ;11/15/2014 Submitted via ~ ~ Owner - Last name DH HALLAM LLC Fist name E- 1 2711 CENTERVILLE RD 300 Phone () - Address R1LMINGTON DE 19808 Applicant ® Owne[ is applicant? E Cont,acto, is applicant? Last name DH HALLAM LLC Fist nanne i ~2711 CENTERVILLE RD 1300 Phone·() - Cud # ~29667 ,: Address #LMINGTON DE 19808 1 Lendet Last name First name ! Phon« 1- : Address Enter the Sequence AspenGold5 Iserved diamam View toll &0 CP, ¢31# 19 3 ~Tab Groups ~ ~Toolbox ~ |Quick Notes ~ DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. DH Hallam LLC, 2711 Centerville RD, 300, Wilmington DE 19808 Property Owner's Name, Mailing Address and telephone number The northerly 70 feet of Lots A, B and C, except the easterly 39 inches of Lot C, Block 36, City and rownsite of Aspen. Commonlv known as 431/433 W. Hallam Street Legal Description and Street Address of Subject Property Applicant received approval for a Residential Design Standards Variance for a new residence. Written Description of the Site Specific Plan and/or Attachment Describing Plan P&Z Resolution No. 2 (Series of 2014),3/4/14 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) March 13,2014 Effective Date of Development Order (Same as date of publication of notice of approval.) March 14,2017 Expiration Date of Development Order (The extension. reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 148 day of March 2014, by the City of Aspen Community Development Director. /7 ~ 1 , vt fl /1,7'A l 0/Wil Dr Chris Bendon, Community Development Director AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY :11 Al o~·~A 4 33 LU It/'0-rn 54-8 , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, 2- h 0- r-73 5 j l,0 91Lf c--2 A -1 Z ¢1 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper o f general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. A, 0 £60-"1£'t~-h Signature The foregoing "Affidavit ofNotiqe" was acknowledged before me this L &kay of J 4040,k 20&4 by 71484 114 kfwik WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE Of DEVELOPMENT APPROVAL My commission expires: g leple Notice is hereby given to the general public of the 1 approval of a site specific development plan, and I the creation of a vested property right pursuant to 1 the Land Use Code of the City of Aspen and Title i 24, Article 68, Colorado Revised Statutes, pertain- 1 ing to the following described property: the north- erly 70 feet of Lots A, 8 and C, except the easterly Notary Public 39 inches of Lot C, all 01 which proper'ty is situate in Block 36, City and Townsite of Aspen, commonly I known as 431 and 433 W. Hallam Street, Aspen, Colorado, 81611, by order of the Planning and Zoning Commission on March 4,2014. The Appli- cant, OH Hallam LLC, received approval of a Resi- dential Design Standards Variance as part of a ATTACHMENTS: KAREN REED PATTERSON proposal to construct a new single family rest- L dence. For further information contact Jennifer Phelan, at the City of Aspen Community Develop- NOTARY PUBLIC ment Dept., 130 S. Gatena St, Aspen, Colorado COPY OF THE PUBLICATION STATE OF COLORADO (970) 920-5090. NOTARY ID #19964002767 W City of Aspen My Commission Expires February 15, 2016 Publish in The Aspen Times Weekly on March 13, 2014 [10014157]- RECEPTI( 608735, 03/19/2014 at 10:04:01 AM, 1 OF 3, R $21.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Resolution No. 2 (SERIES OF 2014) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING ONE RESIDENTIAL DESIGN STANDARDS VARIANCE AT 431/433 W. HALLAM STREET, LEGALLY DESCRIBED AS THE NORTHERLY 70 FEET OF LOTS A, B, AND C, EXCEPT THE EASTERLY 39 INCHES OF LOT C, ALL OF WHICH PROPERTY IS SITUATE IN BLOCK 36 IN THE CITY AND TOWNSITE OF ASPEN Parcel No. 273512433001 WHEREAS, the Community Development Department received an application from Dylan Johns of Zone 4 Architects, on behalf of DH Hallam LLC requesting Variance approval from two Residential Design Standards for a new single family home located at 431/433 W. Hallam Street; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, upon review of the application, the applicable I.and Use Code standards, the Community Development Director recommended denial of the two Variance requests; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on January 7,2014, and where the hearing was continued to January 21 St and again to March 4th; and WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets the applicable review criteria for one requested variance but not both, and that the approval of the one request is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, the Planning and Zoning Commission approves one of the requests; and WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission: Section 1: Residential Design Standards Variances Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves one of the variance requests from the following Residential Design Standards that are underlined below, as represented in the application presented before the Commission and included as an exhibit to this resolution: Page 1 of 3 A. 26.410.040.C.2.b. Parking, garages and carports. The front facade of the garage or the front-most supporting column of a carport shall be set back at least ten (10) feet further from the street than the front-most wall of the house. The variance requestfrom sub-section 26.410.040.C.2.b. is denied. B. 26.410.040. C.21 Parking, garages and carports, If the garage doors are visible from a public street or alley, then they shall be single-stall doors, or double-stall doors designed to appear like single-stall doors. The variance request from sub-section 26.410.040.C.2.f. is granted and allows the applicant to build a two car garage door that need not appear like single-stall doors. Section 2: Building Permit Application Other than the one variance granted, the building permit application shall be compliant with all other standards and requirements of the City of Aspen Municipal Code and all other adopted regulations. Section 3: Impact Fees and School Lands Dedication Fee-in-Lieu The Applicant shall pay all impact fees and the school lands dedication fee-in-lieu assessed at the time of building permit application submittal and paid at building permit issuance. Section 4: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity, Section 5: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its meeting on March 4,2014. APPROVED AS TO FORM: Planning and Zoning Commission: Page 2 of 3 0 4-7 - Debbie Quinn, Assistant City Attorney Ud-Er@amer, Chair j ,. ATTEST: U 1MU Ailc Linda Manning, Records Manager 1 Attachments: Exhibit 1: Approved site plan, elevations Page 3 0 f 3 Regular Meeting Planning & Zoning Commission March 4,2014 U Erspamer, Chair, called the meeting to order at 4:30 PM with members Tygre, Gibbs, Walterscheid, McNellis, Nieuwland-Zlotnicki, and Elliott present. Also present from City staff; Debbie Quinn, Jennifer Phelan and Sara Naldony COMMISSIONER COMMENTS Ms. Tygre said she stopped by the open houses at Aspen Square on her way to the meeting. There are 3 studios on the market. She said these are an example of the type of lodging that has worked for the past 40 years. She said Staffs hybrid units may be similar to these. They rent well and have been upgraded by the owners and are competitive. She said they are only 500 square feet. Mr. Erspamer said he had dinner with someone who works at the Limelight and they said they are busy in the off season. They have a Colorado rate and they are full. STAFF COMMENTS: Jennifer Phelan gave two dates for the commission training and the board agreed to the 3-18 meeting since so far there is no agenda item. Debbie Quinn suggested that at the training each member give a brief background so the members get to know each other. Ms. Phelan said that council gets their packets through a software where the info is uploaded and wanted to know if there is a preference for paper packets or going digital. Mr. Erspamer said he prefers paper. There was no interest from the commission in going paperless. Ms. Phelan asked if the commission still wants to receive the Community Development Update and they said yes. PUBLIC COMMENTS: There are no public comments. MINUTES - February 18, 2014 Ms. Tygre made a motion to approve the modified minutes seconded by Mr. Elliott. All in favor, motion passed. DECLARATION OF CONFLICT OF INTEREST Mr. Gibbs recused himself from the public hearing for 431/433 W. Hallam St. Ms. Quinn explained what a conflict of interest is. Public Hearings - 431/433 W. Hallam, Residential Design Standards Variances - Continued public hearing Ms. Phelan stated the application was heard on January 7th but there was a limited board so the applicant's representative asked for a continuation to this meeting. This application is for 431/433 W Hallam St. Dylan Johns is the representative. The property is a duplex on a corner lot in the West End. The existing duplex is proposed for demolition with replacement of a new single family residence. The lot is 6000 square feet and does not have alley access. The residential design standards for lots with no alley access require that the garage be set back 10 feet further than the front most wall of the house. The design of garages are to have the look of being single stall doors or looking like single stall doors to break up the massing of the garage doors. The applicant is requesting not to be required to set the 1 Regular Meeting Planning & Zoning Commission March 4,2014 garage back the additional 10 feet but be flush with the side fagade along 4th Street. They are also askingto provide a double doorthat matches the surrounding materials. Ms. Phelan stated the residential design standards are in place to preserve neighborhood character and to ensure homes contribute to the street scape and ensure parking is concentrated to the rear or side of each residence. The intent with garage doors is to minimize the presence of garages as a lifeless part of the street scape where alleys do not exist. There are a few standards to grant a variance including the board needs to determine an appropriate design considering the context and purpose on the neighborhood or be clearly necessary for reasons of fairness related to unusual site constraints. Ms. Phelan said Staff does not feel there are any reasons that create an unusual site constraint. It is a 6000 square foot lot with frontage on two sides of the street. She said the one finding you could possibly make is it is an appropriate design considering the context. Ms. Phelan stated there are a lot of different periods of development in this area. There is newer development that has access offof the street for driveways instead of alley access. There are also homes that have garages off the alleys. She stated the purpose of the standard is to minimize the visual impact of garages. The typical West End pattern is to have garages detached from the main residence. She stated with redevelopment Staff feels the standard should be met. The West End context overall warrants meeting the standard and Staff does not see this as having any type of unusual site constraint. She stated the applicant has shown that the standard can be met but prefer not to meet it. Staff is recommending that the request be denied. Mr. Elliott asked if the recommendation to deny is for both the set back and garage door materials. Ms. Phelan replied yes. Mr. Walterscheid asked if the Hallam side is considered the front yard and asked about an alternate front yard. Ms. Phelan said the front yard requirement is for Hallam, and 4th Street is considered a side yard. She said there is no longer an alternate front yard. She said the combined set back for this is a total of 15 feet with a minimum of five. The determination for front yard is the longest block face. She said the closer the garage gets to the set back the more potential you have for a car to be parked in front of the garage into the right of way. There are currently no sidewalk improvements there now but that doesn't preclude that one may be installed in the future. Mr. Nieuwland-Zlotnicki asked if the set back of the garage is currently from the front fagade of the building not the edge of the street. Ms. Phelan said it is required from the front fagade of the street facing wall. Dylan Johns, representing the applicant, said there is currently an encroachment of about 5 feet into the se back and an existing car port. He showed a neighborhood map indicating 11 lots that have a similar garage condition that they are asking for with this application. He said they feel strongly that the context in this environment is not counter to what they are asking for. He said there is a hardship to this property owner because they cannot take advantage of access to the alley. He said there has been some discussion about getting that access from the property owner with the empty lot blocking access, either with an easement or purchasing the land outright. He said at this point it is only a speculation. Mr. Johns stated as far as the second criteria of the design standard regarding being clearly necessary for reasons of fairness related to unusual site specific constraints they feel strongly that it is a site specific constraint and a hardship. From their perspective he said the definition of a hardship is being forced to do something due to circumstances outside of your control and not conforming to the typical situation that the rules are patterned after. He said there are not too many options as to how they reconfigure the house. He said they are able to do it but the property owner is having a pretty large loss of their outdoor area because the garage is being pushed back. He said this a rea of the West End is not 2 Regular Meeting Planning & Zoning Commission March 4,2014 a sidewalk attainment zone. He also said this particular lot is several feet above the street level and there is a noticeable slope. Mr. Johns said the attempt to camouflage the doors is to really reduce the presence of the garage from the street. He said if the commission prefers a two door solution they are fine with it. He said it is possible to keep the massing as it was and have the plane of the garage come across in the same way. He said Staffs opinion is based on what the code says they need to do but it is not about whether the code says you can or can't but whether the code makes sense to this application and if other factors apply. Mr. Erspamer asked what was added since the last presentation. Mr. Johns said he added the slide showing the pushed back version with the door face out to break up the fagade. Mr. Erspamer asked how many of the 11 lots with the same configuration have been built recently. Mr. Johns pointed out several Victorians, a converted garage, a duplex and one built in the 70's. Mr. Erspamer asked Mr. Johns where he got the definition of hardship. Mr. Johns replied that is his understanding of the definition. Ms. Phelan said there is no definition of hardship in the code. Mr. Erspamer asked if there is an easement for a side walk. Mr. Johns said no. Ms. Phelan said there is public right of way of about 10 feet on either side of the curb. She said the property line is shared with the right of way. Ms. Tygre said there was a time when properties were redeveloped they were required to join a sidewalk improvement district. Ms. Phelan said she doesn't know anything about that. Mr. McNellis said from the roof plan it does not look like they are losing any yard space. Mr. Johns put up a diagram that illustrates the yard loss better than what was in the handout. He said the reason of pushing the upper mass forward is to get more sky. Mr. Goode asked if they did have access from the alley would they need the set back. Mr. Johns said if they had alley access the wall of the garage could go up along the front fagade by right. Mr. McNellis asked in that situation would the material change on that side of the house be required. Mr. Johns said other than materials being used appropriately there would be no need. Mr. Erspamer asked if they could they make a fagade on the garage door to look like two doors without actually having two doors. Mr. Johns said they can and would be happy to do that if the commission didn't like the hidden concept. Mr. Erspamer opened the public comment. No Public comment. Mr. Erspamer closed the public comment period. Ms. Tygre stated Mr. Johns comment on how he interprets the code may apply to him but the commission needs to follow the code the way it is written. She said looking at A and B in the standards, the appropriate design or pattern of development considering context doesn't mean every single house that is existing has to have a certain context for it to be considered neighborhood context. The overall impression of the West End is one where we want to minimize the appearance of garages. The fact there are exceptions is not a convincing argument. She stated the second one about unusual site specific constraints refers to things like a creek running through or physical constraints not that the applicant bought a piece of property without alley access. She stated that was a choice and not a site specific constraint. She stated for those two reasons she has to support Staffs recommendation. Mr. Walterscheid said based on his understanding of how the lot is set up the garage does not face the front of the house and in his opinion where the code states "the part which shall be set back at least ten feet further from the street than the front most wall of the house". He said although it is facing the side street it is not facing the front of the house. He said he has done the same thing Mr. Johns is suggesting 3 Regular Meeting Planning & Zoning Commission March 4,2014 and would support him completely. He said he does find it site constrained because they do not get to access the alley as the rest of the neighborhood does. Mr. Erspamer said the question is, is this a hardship because there is no alley access. Ms. Phelan stated there are other lots in the West End that don't have alley access, Pearl Ct., North 4th St., Lake Ave. Mr. Walterscheid stated the garage doesn't face the front of the house. Ms. Phelan stated that Staffs opinion is that this is a corner lot with two streets and is applicable to any street facing fa,ade. Mr. Walterscheid said the way he reads the code is it has to be 10 feet further from the street than the front most wall of the house. The front of the house is what is pointing up on the page, opposite the garage. Mr. Erspamer asked if it is a 10 foot set back for either street. Ms. Phelan said Staff would say whether the garage entry is facing Hallam or 4~h the garage has to be 10 feet back from the wall along that street. Mr. McNellis said that Staff has interpreted that section of the code correctly. He said it does not matter what road it is facing. The 10 foot standard still applies. He said he agrees with Ms. Tygre that the standards are put in place because of some of the things seen around the neighborhood. He said he does not necessarily agree with them but that is what he sees when interpreting the code. He said with regard to the character of the siding he can see a hardship with the inability to access the alley. He said if they were able to access the alley they would be able to do what they want with the fa,ade along that side. Mr. McNellis said he is more supportive of option #3 which has the recessed 10 foot garage but allows them to have a continuous material ratherthan two car ports. Mr. Erspamer asked why the set back was picked as 10 feet. Ms. Phelan said they are trying to create some relief along the fagade with the garage being not as prominent along the streetscape. Mr. Erspamer said originally he was firm on the belief of Ms. Tygre but since the applicant can't access the alley along the side he asked if it would be possible to have it far enough back so the car is clear of any sidewalk. He asked if there is a compromise to the code. Ms. Phelan said the parking space requirement in the code is 18 feet. Mr. McNelllis said with a recessed garage the more space there is to allow a vehicle to be fully within the property is always a good thing. He said they would meet the standard of 18 feet with a recessed garage. Mr. Elliott asked what wall the set back is referred to. Ms. Phelan said the measurement is from the property line to the face of the building, structural frame. There are set back requirements based on front yard, rear yard or side yard. Mr. Erspamer said #3 is ok as long as there is one garage door with a fagade and would go with the 10 foot set back. Mr. Goode said he is in agreement with Staff. He said the owner could purchase the lot next door and there would be no need for the set back. Mr. Elliott said the property is not inexpensive so would that qualify as a hardship. Mr. Johns said purchasing the lot is not out of the realm of possibility but does not know how realistic it is. Mr. Nieuwland-Zlotnicki said when you purchase a corner lot it comes with some advantages but there are drawbacks. He said the set backs should apply to both sides since Hallam and 4th are both principle streets. Mr. McNelllis asked if this would have to go before HPC. Ms. Phelan replied no the West End is individually designated properties. Mr. Johns said it is difficult to know what is allowed and what will fit onto a site before a property is purchased. He said if this property was traditionally developed there would be more street frontage. 4 Regular Meeting Planning & Zoning Commission March 4,2014 Mr. Erspamer said there are two decisions, one about the garage door and the set back of the garage. Ms. Tygre made a motion to deny resolution 2. No second, motion died. Mr. Walterscheid made a motion to approve resolution 2. No second, motion died. Raise of hand vote to see where the commission stands: who wants no ten foot set back - one vote Who is in favor of ten foot set back - six votes. Can there be a single garage door to make it look like two garage doors - Mr. Walterscheid said what they are approving is an alternate material to make it appear as one door. six votes Ms. Phelan said currently the one garage door variance is written so that the door materials match the surrounding materials and wants to be clear that the one garage door can have separate looking materials. Mr. McNellis said it could be separate materials or match the siding. Mr. Erspamer said he prefers to leave it to the applicant. Ms. Phelan said the motion will be to amend section one to deny variance la and lb is granted with the change that it is a two car garage door that either matches the materials used surrounding the garage or alternative materials. Mr. Erspamer asked her to state it again and Ms. Phelan said it would allow applicant to build a two car garage door that does not need to look like a two stall door and there will be no language of materials. Mr. McNellis made a motion to approve resolution 2 as written with the changes to deny la and change 1b to have a two car garage door that does not need to look like a two stall door, seconded by Mr. Goode. Roll Call: Mr. Elliott yes, Mr. Nieuwland-Zlotnicki yes, Mr. Walterscheid Yes, Mr. McNellis yes, Mr. Goode yes, Ms. Tygre No, Mr. Erspamer Yes. Motion carries. 825 Roaring Fork Road - Residential Design Standards Variance Ms. Quinn said she has reviewed both affidavits of public notice, exhibit c, and they are appropriate. Sara Nadolny, plannertechnician, said the applicant is Charles and Elizabeth Koch Real Estate Trust and representing the project are Glenn Horn and Julie Maple. She stated it is a land use review regarding residential design standard. It is a residential West End property in the R15 zone district in the Second Aspen Company Subdivision. The property is undergoing a remodel of the front fagade and the applicant is requesting a variance from the standard that prohibits windows in the 9-12 foot area. The reason for the standard is to preserve the established neighborhood scale and character and promote the pedestrian experience. She stated the 9-12 foot zone is typically an area where a 2nd level would exist. The separation breaks up the massing of the building into two recognizable floors and reduces the bulkof the building. Ms. Nadolny said the applicant is proposing two windows at the front door location on either side of the transom. The transom is permitted by right in the code. The windows are approximately 4 M feet wide by 2 feet tall. Only one foot of the height spans into the no window zone. She stated there are two criteria to judge a variance, eithera hardship on the lot-site specific constraint or an established neighborhood character. She said this is a remodel and they are not finding any site specific constraints. She stated this is a very diverse neighborhood with different types of architectural styles. She said all of the homes in the neighborhood were built priorto the no window zone code which was included in the code in 2005. She stated the majority of the homes do not have this condition visible. 5 MEMORANDUM TO: Planning and Zoning Commission FROM: Jennifer Phelan, Deputy Planning Directo 1~5~> RE: 431/433 W. Hallam Street- Residential Design Standards Variances, - Public Hearing (continued from Januarv 7tl1 and Januarv 214) DATE: March 4,2013 Applicant: DH Hallam LLC h \ - ·73·xy · -71 14,4.. . .1.1. Representative: Dylan Johns r~ t. .1 · 2 2 . Zoning: R-6 (Medium-Density Residential) \ I Land Use: Existing duplex proposed to be demolished and replaced with a Single-Family Residence Request Summary: The Applicant is requesting .mee 1 / two variance from the Residential Design Standards with regard to the setback required o f a 9.ill/,A-/Trftillitz.-w-41 garage and the appearance o f the garage door. 431/433 W. Hallam (from Hallam) Staff Recommendation: Staff recommends denial the variance requests. - j~ ~. 0 .8 41+ v 4. A + 2 +. - 1\.< ¢* -i -'Y, 61 L ' „ ·'ri ./F'-7.lip. G.1 ~ - -, titti YW:*le=in ye, a.r. M .rf-: 0//*2 -t I -:~~i.L~.& (fi-om N. 4 Street) NOTE: At the end of the January 7'11 hearing, the Applicant's representative requested a continuation of the hearing to January 21St and then to March 4tll. The request was partly due to the fact that the original hearing had a minimum number of Commissioners present and the Applicant's representative indicated his preference to have the agenda item heard under a full Page 1 of 6 P15 Commission. Included as an exhibit are the minutes from the January 7th hearing as no hearing was conducted on January 21St. Otherwise there are no changes to the staff memo. LAND USE REQUESTS: The Applicant proposes to demolish an existing duplex on the corner lot and replace it with a new single family residence. The Applicant is requesting two variances from the Residential Design Standards, one that requires a street facing garage to be set back further than the front - most wall of the house and one that requires street facing garages to either be single-stall doors or double-stall doors that look like single-stall doors. Variance approval from the Residential Design Standards pursuant to Land Use Code (L.U.C.) Section 26.410.020 D., Variances. The applicant is requesting a variance from L.U.C. Section 26.410.040 C.2.b and f: "The front fa™le of the garage or the ft-ont-most supporting column of a carport shall be set back at least ten (10) feet further from the street than the front-most wall of the house." "If the garage doors are visible from a public street or alley, then they shall be single- stall doors, or double-stall doors designed to appear like single-stall doors." REVIEW PROCEDURE: Variances from the Residential Design Standards shall be approved, approved with conditions, dr denied after review and consideration during a duly noticed public hearing by the Planning and Zoning Commission under L.U.C. Section 26.410.020 D., Variances. Figure 1: Vicinity map '6-YX-· ·2.5-,f---1,f, *4~~ 04 ': t...t, Subject ti:.i~tr~yi:,-3,~.'~TC -i I f.flv·-·Xit 1-,.:. 24 11 C 2 X.-:i'kt>*7,4 4.. '··~ ~.:'4'75 i....:. .. 2*kNU-· 't-%*9* . 7<3.'.' ~.~·%.94* ' L~·".~[1 11}jil ,~- f· ~Ir,i- · -4.· ~ ' ** · * 1.ler-- ~ t itt >4 4 '34-9, · 1 4 t. ·: ,· TS:, C.~ ·N:# t.t : 4 . f' 1·I 5!*' . . '44 ..1 3 : 1 ff *¢4»4 ... . :.1. . .:Wit i f :-·87 <Efna-~~ P -1-·4 0 ... i ' I --- .U 6'.2 VE J t. 7, ,?r..fl 11837 il ¥~*¥. 9.~'~ ,~J~F- I J*-4 4-,- 3, 6 -1- - =s=j . ,~·1 - ., - . 6/€.1. r ?. t. " 25=1G.: 0- -7 * 1 -e~~ 4 0..':«.4+12 ... 3.A-1-2 9 & , 1 1 ,..944 -r" : t€ 1 f 5- c. t . .1· I *,- -2-4·i: u . 4 4.,~ 99.46 2,fy f 4 -1 :2:... f .. .. 6/4 -4 34. c 44 1 ''924,- .,-iMmia. '7.. -14.1 Im'Mill 1...4.1 764.17..-16 f.t. 33... > 1.- 7... .1-- £7.G·63- 1 •, Page 2 of 6 P16 PROJECT SUMMARY: The Applicant is proposing to demolish the existing duplex located at the corner of N. 4~11 Street and W. Hallam Street and construct a new single-family residence and accessory dwelling unit (ADU). The 6,073 sq.ft. lot does not have access to the alley opposite W. Hallam Street as a separate lot is located between the subject lot and alley. As the lot does not have alley access the garage and parking for the site is proposed along N. 4~h Street. Figure 2: Lot Configuration WEST HALLAM STREET 2.3,". ../- *AL¥. 9 6>•I P*-- C·tr r·r~#77.17 - 3.-P_Li 4 -m- $/ - 4 2# twaiL,+LJOT*fKKE- _. Al¢~\ 50 1, I IS .1440 -1 3 ,. m 9 1\1 t.1 - 4.2-2 ¥,£,34,7.'4 ' --At .41. 7 A 1. I F-, 1 - «r·f ft¢-tyl,-..<f47'- 1*2 <0 111 C.1-·F ./ 49 J. 1 4.4 9'r M 61.-d699 3&9 4 ~ .--/ - ..71.-u .t-3&31-'W ' i AL.-/ m j'. . 7~9 1 -- 1- * 2% ; i /? fill ~ r.·e.,·h ··s~ .ui--'hi ' | 1 ........ ¥-1 *_ic # t-~RQ ! I i | | , '11».~ *1 . 1,3=ji'\ t...,02$-ff:,i-ff.~?,f»k,L> . U n.0 , tb ' 1 Ti ..cor lei 1 Alley The proposal is to have the face of the garage flush with the fagade along N. 40 Street, rather than set back ten (10) feet from the front-most fagade as required by the Land Use Code and as shown iii Figure 2, below. Figure 3: Original and Proposed site plan IT 1 --- ) 1 2 1122 -WYE:'#Ze:C ~ e("1*9 - "AILY.: M>R·*kl" 4....ll 1 • 1 -62- 11-1 -/1 0141 2-044 F _ -*.1-1 1 -1.*Ell--di L==2 1 \et l'~=17,4.-0.111 1[ , L== \ 1 1. r -1-4 - 1 L. _-L| 4 1 11 1 i 1 1 1-ill. 1.1 1. 1 1 1 1 1 1 1 1 1 1 1 Page 3 of 6 94%7_ ~ &f - 1 1 1.11 .,.0 .~ 'c) , 2 -74 P17 Additionally, the Applicant would like to propose a "hidden" garage door by proposing a door that matches the materials of the building. 0461*4#Bagb.'.F~W~.'MB**50-r, i...''t-f·'.1,021;MA#%*f wir.*i'r . -23. r ?*6#14/41444*kE"*Falpttiv. 1 4 46441 *A¥ 91 16 Ult.--1. L '.:-A. 1 '-44. I . .1 3,7 -234&224'<-L..g--- -- ~u':'6,2:4&,9- ,1 49»191 - I .~2.- rn 1 U.11'--':":: '41:.p.-. 1 1- 0 .... . 1.-4 6, 1 I , , , 0.·':J·:.2 -·4• i ., ..1 t.'&¥24)?D: r . --e-. Lia •.*,44·.2 NUAS 1 1 1.--a -1 , W EW»=399.0.K»2.4 2, 19}*iffE· f 1 1 11' -R 5- -ls.1 17 !/199,*-#O.«.~49¢~ 1„ -44,- 09 ... / 4.>'.' Athl· '' . "95!/MN )- 41 -/4 .... aa·+ a . - - 1....t~-- 11 , 1 ; u'- .,---4-*Pilt.'446,9.1 4. r.9.J ,".tt'·-10-'r';. V. 1., 1 1 1 - 4 · 1 . ...... ·-/ .- A 1 -' 1 L W.elli_ 1 11 1 ./ p:iiI.-1--0 1' ~ _-1.- -7- -.-4,~M .t-- 1 4 CURRENT DESIGN .el. .48;lu-,0,-i *(¥f»cffaulail¢*fid¢43%29?f¢Flfilli91~5~£96:-44 23*y«»tte,Ithi=--AID> 4%'f.~,-? ·:-): ~II;.., c ;3%:fil M'*>'*44¢«m, 1 1. 1--rd.air·y·i·'i;*0@itot:/1 .i:1'6~i~~ f·%·PR·il,¢*R+Kij.P'/*=FL'~~ 14·:yri,>~'Ir,&:F/349. r;¥' 73,!...' 02MtfL--_,-~---.- _~ _14)~tt·:??i;JJR<-}&<442 ,-7-4-194¢4434-,fl ..._- r ....-71~'€?,91.2.-1~,'„".-n PT7 li'Jil. e ~ i--4 1 1 ' 2 9 ~ 1 1 '> T .·7.~ 46*'49'.ji --: 1 ~ . .- 1. ~-~1 -2= -r---cl-~. J:r<.933:072·-I~~ 1 1 I . 1 1%.:43 / 311 1 #t 11 J twA.. 3 1 PROPOSED DESIGN Page 4 0 f 6 . C -7.3.*:- P18 STAFF ANALYSIS: RESIDENTIAL DESIGN STANDARD VARIANCES: All new structures in the City of Aspen are required to meet the residential design standards or obtain a variance from the standards pursuant to Land Use Code Section 26.410, Residential Design Standards. The purpose of the standards "is to preserve established neighborhood scale and character....ensure that neighborhoods are public places.. ..that each home...contribute to the streetscape." Additionally, "Parking areas are to be concentrated to the rear or side of each residence." Parking, garages and carports. As noted previously, the parking, garages and carport standard requires that "all residential uses that have access only from a public street" meet certain design standards including having the garage located behind the fagade of the building and to have garage doors "be single-stall doors, or double-stall doors designed to appear like single- stall doors." The intent of this standard is "to minimize the presence of garages and carports as a lifeless part of the streetscape where alleys do not exist." There are two review standards that the applicant may meet if the Board is to grant a variance from the standard, Section 26.410.020 (D)(2): a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Staff Comment: Residential Design Standards have been adopted to contribute to the streetscape, enhance the pedestrian environment and promote architectural elements that are important components to neighborhood character. Although older development examples are sprinkled throughout the neighborhood that do not comply with the garage door standard, some do. The historic context within the West End is to have detached accessory structures, such as garages, located towards the rear of the property. As this is an attached garage, providing a garage entrance that is set back from the fagade assists in minimizing its presence along the street and should be required with new development. This variance request is not related to reasons offairness or unusual site specific constraints, as the Applicant has shown within the application that the set back standard can be niet. Adopted standards require garages that are single-stall doors or double-stall doors that look like single-stall doors. The intent of the standard is to break up the mass of the garage doors, Page 5 0 f 6 Pl 9 STAFF RECOMMENDATION: In reviewing the proposal, Staff believes that the request does not meet the variance review standards that are set forth in Land Use Code Section 26.410.020 D, Variances, for the Parking, garage and carport variance request as there are examples of residences meeting the standard and there is not a site specific constraint. Staff recommends the Planning and Zoning Commission deny this application. The Resolution is written in the affirmative, approving the request. Changes may be necessary depending on the motion. RECOMMENDED MOTION: "I move to deny Resolution No. , Series of 2014, approving variance requests from the Residential Design Standards." ATTACHMENTS Exhibit A - Review Criteria & Staff Findings Exhibit B - Application (provided on 1/7/14 and 3/4/14 for new commissioners) Exhibit C - Hearing minutes from the January 7, 2014 Page 6 of 6 P20 Resolution No. (SERIES OF 2014) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING RESIDENTIAL DESIGN STANDARDS VARIANCES AT 431/433 W. HALLAM STREET, LEGALLY DESCRIBED AS THE NORTHERLY 70 FEET OF LOTS A, B, AND C, EXCEPT THE EASTERLY 39 INCHES OF LOT C, ALL OF WHICH PROPERTY IS SITUATE IN BLOCK 36 IN THE CITY AND TOWNSITE OF ASPEN Parcel No. 273512433001 WHEREAS, the Community Development Department received an application from Dylan Johns of Zone 4 Architects, on behalf of Dll Hallam LLC requesting Variance approval from two Residential Design Standards for a new single family home located at 431/433 W. Hallam Street; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, upon review of the application, the applicable Land Use Code standards, the Community Development Director recommended denial of the two Variance requests; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on January 7, 2014, and where the hearing was continued to January 21 st and again to March 4% and WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets the applicable review criteria and that the approval of the request is consistent with the goals and objectives ofthe Land Use Code; and, WHEREAS, the Planning and Zoning Commission approves the requests; and WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission: Section 1: Residential Design Standards Variances Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves two variances from the following Residential Design Standards that are underlined below, as represented in the application presented before the commission and included as an exhibit to this resolution: P21 A. 26.410.040.C. 2.b. Parking, garages and carports. 'rhe frort fagade of the aarage or the front-most supporting column of a carport shall be set back at least ten (10) feet further from the street than the front-most wall of the house. The variance granted from sub-section 26.410.040.C.2.b. allows the applicant to build a garage that is flush with the building along N. 4111 Street. B. 26.410.040. C.2.J Parking garages and carports. If the garage doors are visible from a public street or alley, then they shall be single-stall doors, or double-stall doors designed to appear like single-stall doors, The variance granted from sub-section 26.410.040.C.2.f. allows the applicant to build a two car garage door that matches the materials used surrounding the garage. Section 2: Building Permit Application Other than the two variances granted, the building permit application shall be compliant with all other standards and requirements of the City of Aspen Municipal Code and all other adopted regulations. Section 3: Impact Fees and School Lands Dedication Fee-in-Lieu The Applicant shall pay all impact fees and the school lands dedication fee-in-lieu assessed at the time o f building permit application submittal and paid at building permit issuance. Section 4: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction. such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its meeting on March 4,2014. P22 APPROVED AS TO FORM: Planning and Zoning Commission: Debbie Quinn, Assistant City Attorney LJ Erspamer, Chair ATTEST: Linda Manning, Records Manager Attachments: Exhibit 1: Approved site plan, elevations P23 EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS A. RESIDENTIAL DESIGN STANDARDS REVIEW No variance shall be permitted unless the Planning and Zoning Commission makes a determination that the proposed development complies with either of the requirements set forth below: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Staff Finding Residential Design Standards have been adopted to contribute to the streetscape, enhance the pedestrian environment and promote architectural elements that are important components to neighborhood character. Although older development examples are sprinkled throughout the neighborhood that do not comply with the garage door standard, some do. The historic context within the West End is to have detached accessory structures, such as garages, located towards the rear of the property. As this is an attached garage, providing a garage entrance that is set back from the fa,ade assists in minimizing its presence along the street and should be required with new development. This variance request is not related to reasons of fairness or unusual site specific constraints, as the Applicant has shown within the application that the set back standard can be met. Adopted standards require garages that are single-stall doors or double-stall doors that look like single-stall doors. The intent of the standard is to break up the mass of the garage doors, , , „r 1 although a seamless Jinish may assist in minimizing the presence of the garage, the curb cut and driveway are telltale signs that there is a garage. A hidden look can still be accomplished by providing two stalls. Staff does not jind either criterion met. 6/*Cr- 0 P24 Regular Meeting Plannine & Zoning Commission January 7, 2014 U Erspamer, Chair, called the meetingto order at 4:30 PM with members Tygre, Myrin and Gibbs present. Also present from City staff; Debbie Quinn and Jennifer Phelan COMMISSIONER COMMENTS Mr. Myrin asked if the Motherlode affordable housing has been occupied and Ms. Phelan stated she did not know. Mr. Myrin said there is an open house this week and he may attend. Mr. Erspamer stated he went to the work session last night forthe cash in lieu discussion. He stated that the council wanted more accurate data so they can figure out what kind of system can be used to create the cash in lieu program. Ms. Tygre asked for more clarification and Ms. Phelan said there was a study for the cash in lieu in regard to income categories and it showed the current numbers are quite low to what today's market would require. Ms. Tygre asked why it has to be an ADU and Ms. Phelan said that is one of the options when building a single family home or duplex. Ms. Tygre said she wanted clarification that an ADU is one of the options and not a requirement. STAFF COMMENTS: There is a joint work session on Monday February, 3rd with City Council. PUBLIC COMMENTS: There are no public comments MINUTES - December 17, 2013 th Mr. Gibbs made a motion to approve the minutes from December 17 , seconded by Mr. Myrin. Election of Chair and Vice Chair Ms. Tygre suggested the commission wait until more members are present before a decision is made. Ms. Quinn stated that the commission can delay if they do not feel there is a sufficient number of members present. Mr. Gibbs made a motion to continue the election of chair and vice chair, seconded by Ms. Tygre. All in favor, motion carried. DECLARATION OF CONFLICT OF INTEREST Mr. Gibbs recused himself from the public hearing. Public Hearing - 431/433 W. Hallam St. Residential Design Standards Variances Mr. Erspamer notified the applicant that since only three nlembers are present, all three members need to vote in the affirimative in order to pass a motion one way or tlie other. He told the applicant that if he feels the hearing is not going the way he would like he could continue until more commissioners are present. The applicant said he has spoken with the owner and he would like to present the application and see where the commission stands before they make a decision to continue or not. 1 P25 Reeular Meeting Planning & Zoning Commission January 7.2014 Ms. Quinn stated.she has reviewed both affidavits of public notice and they are appropriate. Ms. Phelan, community development department, stated that the application is a request for two variances from the residential design-standards. The property is 431 and 433 W Hallam. It is a corner lot in the West End on the corner of Hallamand 4th Street. There is an existing duplex. The owner is proposing to demolish and redevelop with a new single family home. She said that Dylan Johns is the representative for the applicant, DH Hallam, LLC. The lot is just over 6,000 square feet. There is not alley access because of how the property was subdivided in the past. The residential design standards have a provision that for lots without alley access a garage is required to be set back ten feet furtherthatthe front most wall of the house. There is another standard that requires garage doors that face the street to be either single stall doors or appear to be single stall. There are multiple residential design standards forsingle family homes including orientation and window requirements. She stated thatthe request tonight is not to have to set back the garage but be flush with the rest of the wall of the house and to provide a double garage door that matches the surrounding materials. The garage doorshould be hidden and blend in with the rest of the surrounding materials. Ms. Phelan stated the design standards are in place to preserve the neighborhood character. The intent is to have homes that contribute to the street scape and insure parking is concentrated to the rear or side of the home. She said that in regards to garage doors the intent of the standard is to minimize the presence of garages as a lifeless part of the street scape. To grant a variance from the design standards the board needs to determine thatthe design solution, as being proposed, is an appropriate solution consideringthe context of the neighborhood and the purpose of the standard, or be clearly necessary for reasons of fairness related to unusual site constraints. Ms. Phelan said the purpose of the standards is to minimizethe visual impact of garages. She said that the historic pattern of the West End is to have garages that are detached accessing the alley or a side street as an accessory structure. She said that this helps to minimize the presence of garages. This is a new redevelopment project and Staff feels that the standards should be met. The overall context of the West End warrants meetingthe standard. She stated that Staff does not see this having unusual site constraints. There are multiple lots in the West End that do not have alley access, Pearl Ct., parts of N 4th St., Lake. Ms. Phelan said that as shown in the application the standard can be met. The garage can be set back to meet the lo foot setback. She stated that they can use materials that blend in with the rest of the home forthe garage door. Ms. Tygre asked what hidden garage door means. Ms. Phelan said it is using similar materials so the garage door blends in with the rest of the materials of the home. There is no real official definition of hidden. Mr. Myrin asked if the garage is alongthe front most wall orside wall of the home. Ms. Phelan replied that the standard is when it is street facing so as a corner lot it would need to be set back on either side. Mr. Erspamer asked if it is a single family home. Ms. Phelan replied it will be a single family home. Dylan Johns, Zone 4 Architects, is representing DH Hallam. He stated thatthe project involves an existing duplex, late 60's edition. It is a single story home with a few set back encroachments. There is one on the 4th Street fagade about five feet over the line and a few inches on the East side. He said that trying to put a single family home with an ADU and a detached garage on a lot of this configuration is 2 P26 Regular Meeting Planning & Zoning Commission January 7,2014 extremely difficult. He said the reason they are here tonight is not to say that they could not come up with a solution to get the garage in there but they have a solution where the owner is a bit uncomfortable with the amount of outdoor area remaining. He said that because of the site condition and property configuration the project may not work for the owner. Mr. Johns noted thatthe garage on the Weaver property contains a garage as well as a surface parking area. The owner has been in talk with the owner of the Weaver property to try to acquire rights to go through the surface parking part of the property. So far the price is where they do not want to do it. Mr. Johns said thatthey are askingto move the garage mass towards the front fagade of the building which would open up the outdoor area by 21 percent. He stated if they did have alley access it.would be allowed and the only difference would be the garage doors would be off to the side. He said there are a few options of makingthe garage doors blend in tothe fagade. He stated he took a half block radius and looked atthe existing garage conditions. He pointed out multiple examples of Victorian and similar era homes that do not conform to the standard. He stated that there are 11 non-conforming garages in the three blocks he looked at. He stated that doing the hidden door solution is not a deal breaker. Mr. Erspamer stated if the garage set back is ten feet there would be an overhang of ten feet. He asked if the applicant is requesting to not have the set back but leave the garage flush with the house. Mr. Johns said they would like to bring it flush to the fagade. He said they don't feel that the pedestrians are being impacted here and it is not a sidewalk attainment zone and there is no current sidewalk, He said there is a few feet rise from the curb line to where the house is built. He also said there is an irrigation ditch that runs through along 4~h Street. He said they are losing usable space for the family on the interior courtyard in exchange for conforming to the design regulations. He said the town is not gaining anything but the owner is losing a significant portion of their outdoor space. Mr. Erspamer asked if there was a survey of what the back looks like ten feet in. Ms. Phelan replied it is diagram A100. He also asked if there are two doors would there need to be a post in the middle. Ms. Phelan said the requirement could be two individual doors that require a post or one double door that appears to be one door. Mr. Erspamer opened the public comment. Scott Hoffman, the own e r of 501 W Hallam, stated he is new to the area and came for information. He said that if Staff says no then it should be no. He said the main reason seems to be they want more yard. Mr. Hoffman said that his home would be remodeled at some part. Mr. Erspamer stated that normally the commission does not let dialoggo on and asked if he had an opinion one way or another. Mr. Hoffman stated he thinks the house looks better with the offset forms. Mr. Erspamer closed the public comment. Ms. Tygre stated that there are residential design standards and they are very clearly explained in the code. She said they need to choose A or B or not at all. That is the role of P&Z. She stated if it meets A or B they approve it and if it does not they don't approve it. She said everything else they are discussing is not relevant including their own opinions. She wants to focus the discussion on either A or B. She stated she is trying to find anything in the presentation that would contradict what Staff's findings are. She stated she did walk around the property this afternoon and double garage doors seem like a very suburban subdivision approach, She said thatthe context makes the design not compatible with the neighborhood unlessthere is a wayto disguise the doors. She said the original solution did as good a 3 P27 Regular Meeting Planning & Zoning Commission January 7,2014 job for the double garage and what is proposed is not an improvement over that. She said she can't find the justification in the code as it is written to grant this request. Mr. Myrin stated that page 16, A and B and Staff's comments summarize what he would say. He agrees with Staff and if it is something where they need to change the code then they should change the code and should not be a one-time exception for a brand new construction. He said the house does not need to be as large as it is and they can give some of the house space to yard space or some ADU space to yard. Mr. Erspamersaid that he and his wife own a unit with no alley and it is a hardship. He said thatthe blank door does not meet the code. He said it is acceptable to put a fagade on the door to make it blend in and look like two single doors. He said he does not see anything compelling whythey can't do the set back otherthan losingten feet in theyard on the backside. He said itgives it dimension and unless he sees something compelling he agrees with Staff. Mr. Johns stated he would like to continueand discuss with the owner. He asked if the feeling isthat the alley condition does not represent a hardship. Ms. Tygre and IVIr. Myrin agreed with this. Ms. Tygre made a motion to continue tothe January 21St meeting, seconded by Mr. Myrin. All in favor, motion passed. Mr. Myrin made a motion to adjourn, seconded by Ms. Tygre. All in favor, motion passed. Linda Manning Records Manager 4 - E-«lED€rl ]Nimld013AEIG KLINAKINOO N3dS¥ 30 Al!0 £102 0 Z AON ARCHITECTS LLC· Gal\1303kl November 19, 2013 Attn: City of Aspen Planning & Zoning Commission Members RE: Request for Residential Design Standards variance for property located at 431/433 West Hallam Street. To the esteemed members ofthe Planning and Zoning Commission, This is an application to consider a variance exemption from Section 26.410.040.C.2.b of the Land LIse Code. which states: "The front facade of the garage or the front-most supporting column of a carport shall be set back at least ten (10) feet further from the street than the front-most wall of the house." The subject property is currently configured as a duplex residence and is located has the addresses 431 & 433 West Hallam Street. The proposed design involves the demolition ofthe existing structure and replacing it with a Single Family Residence + ADU. The configuration ofthis property is sonie#/hat unique when compared to the predominant sub-urban pattern of development in the West End. Rather than occupying two platted town site lots and having the long axis of the lot extending from the Street to the Alley (North/South). the long axis of this property is oriented across a portion of three town site lots in an East/West direction. The southern 1 /3 ofthe three lots are owned by the Weaver Subdivision with the address of 422 West Bleeker Street. and this area curreiitly serves as surface parking and a single story garage for the 422 West Bleeker residence. The effect of this is anomaly is that the property at tile corner of4th and Hallam Street does not currently have driveway access to the alley and is forced to access the property th via a curb cut oil 4 Street. IF the Property did have driveway access to the alleyway (and the garage doors hence facing the alley), this variance would not need to be requested. since the language within Section 26.410.040.C.2.b specifically states that the front facade ofthe garage (i.e. garage doors) is required to be setback from the front faQade of the Residence by 10 feet, but does not specify that any other portion o f a garage must be located 10 feet behind the front tagade of the Residence. The Residential Design Standards were established to primarily protect the character of the West End from redevelopment which was occurring there in the late 80 s and early 90's. and thus were codified around typical lot configurations found in this Zone District. The variance process was established to address situations where the lot configurations ZONE 4 ARCHITECTS PO BOX 2508 ASPEN COLORADO 81612 C] did not conform to the typical 30x 100 foot platted lots which spanned from Street to Alley, both in the West End and in other Zone Districts within the City ofAspen. In response to the criteria for review ofthis variance request application, please see below: 2. Variances.from the Residential Design Standards, Section 26.410.040, which do not meet this Section, may be granted by the Planning and Zoning Commission, the Board of,ddju.stment or the Historic Preservation Commission. ifthe project is subject to the requirements of Chapter 26.415. An applicant who desires to consolidate other requisite land ilse review by the Historic Preservation Commission, tile Board of Adjustment or the Planning and Zoning Commission may elect to have the variance application decided by the board or commission reviewing the other land use application. An applicant who desires a variance from die Residential Design Standards shall demonstrate and the deciding board shallfind that the variance, if granted would: a) Provide an appropriate design or pattern of development considering the context in which tile development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the revieiving board may consider the relationship of the proposed development with adjacent stritchires, the immediate neighborhood setting or a broader vicinity as the boardfeels is necessary to determine ifthe exception is warranted: or -Response: There are several properties in the immediate vicinity ofthe subject property which do not conform to Section 26.410.040.C.2.b The proposed design is not out of context within the immediate neighborhood. b) Be clearly necessary for reasons offairness related to unitsual site-specijk constraints. -Response: This Property has unusual site-specific constraints by virtue of the atypical lot configuration. which creates an unfair burden on the property because Section 26.4 10.040.C.2.b forces the reduction of usable lot area that is not within a right ofway or setback for no other reason than the Property Owner not being unable to utilize the clear access to the alley. Application of 26.410.040.C.2.b in this case does not further the intentions ofthis code section by either "minimizing the potential for contlicts between pedestrian and automobile traffic" (as the lot is not located within the City's Sidewalk Attainment Zone, and the right of way is not pedestrian friendly by nature of being sloped), or "reduce lifeless parts ofthe streetscape" by virtue of a having a slight facade offset and creating longer driveway. Ifthe intention of the code section is to minimize the presence of what a garage door looks like to a pedestrian. there are much more effective ways ofinasking the visual impact ofthese elements (examples below). although an additional variance from variance from Section 26.410.040.C. 1.b would be also required. [t is important to consider that if the Property Owner was able to secure an access easement or property rights to the portion oftlie Weaver Subdivision area which would allow entry to the garage from the alley, the garage wall facing 48 Street would be allowed, by right, to have the sallie western garage wall setback as what is being requested in this application. Thank you for your consideration. Dylan Johns, Zone 4 Architects ZONE 4 ARCHITECTS PO BOX 2508 ASPEN COLORADO 81612 Examples of Garage Doors which do not look like garage doors. Implementation ofdoor designs below woutd also require a variance from Section 26.410.040.C.1.b "Ifthe garage doors are visible jiom a street or alley, then they shall be single-stall doors or double-stall doors designed to appear like single-stall doors. " f ' 11 11, lili :111,1117;11,1111:,11,1 .1 i 1,11}41'Al, 11;1'. 11 011: 11 r -/11"*aw*awdthi< 41 1.1 1? Ji gi t 1 ..1 , 1 11.1 11 . , 11 1 . .· ·'+ .9. 4 171/2. ty. .21':%:.1 '42Ft,'·:t€%~~~·,Ft.2W·'gY,·:4 ... ~.. I ,"1.:9*':.:.:.1/ti.~'·Cil -*·„~:tam~n, T.j,·1~.~-f ff,~·.: i.v i>,f..,~ r 7-3 ~4 452 -= I J 11.. 9 -= ,1,1 j. -2~ ,Imu..'· i ,4. Ic{·57 ~ 'lr-«-7,11 ~ ~ 4444#OK ir"ll.*j_ J~U *I--. '-11:L· .16 ZONE 4 ARCHIHECTS PO BOX 2508 ASPEN COLORADO 81612 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny, 970.429.2739 DATE: 10.22.2013 PROJECT: 431/433 West Hallam St REPRESENTATIVE: Dylan Johns & Bill Pollock - 970.948.6787 TYPE OF APPLICATION: Residential design standards variance DESCRIPTION: The potential applicant is interested in demolishing the existing duplex on the site and replacing it with a single family residence and on-site ADU. The subject parcel is approximately 6,073 sq. ft. (per the Assessor, a survey is required to confirm the actual lot area), and is located in the R-6 zone district. The property does not have access to the alley directly south, as a portion of the land adjacent to the subject parcel and the alley belongs to the neighboring Weaver subdivision, the bulk of which exists just across (south of) the alley. The potential applicant has proposed a design where the garage's front facade is set back less than ten (10) feet from the front-most wall of the house. This will require a variance from Section 26.410.040.C.2.b of the Land Use Code, which states: 'The front faGade of the garage or the front-most supporting column of a carport shall be set back at least ten (10) feet further from the street than the front-most wall of the house." A public hearing will be scheduled before the Planning & Zoning Commission. Notice requirements include publication, mailing and posting per section 26.304.060(E)(3)(a)-{c). Below is a link to the Land Use application Form for your convenience. http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2011%20land%20use %20app%20form.pdf Provided below is a link to the Land Use Code. http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land- Use-Code/ Applicable Code Section(s) 26.304 Common Development Review Procedures 26.314 Variances 26.410.040.C Parking, garages and carports Review by: Community Development Staff for complete application Planning & Zoning Commission for determination Public Hearing: Required Fees: $3,250 deposit for up to 10 hours of review (additional billable hours, or hours to be refunded will be at the rate of $325 per hour) To apply, submit the following information • Total Deposit for review of application. • Pre-application Conference Summary. • Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. • Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. • A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. • A recent survey of the subject parcel. • Completed Land Use application and signed fee agreement. • An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. • Existing elevations of the development. • A written description of the proposal and a written explanation of how a proposed development complies with the review standards (26.410.040) relevant to the development application. • 10 copies of the Land Use Application and all additional letters, maps, and agreements. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. January 9, 2013 City of Aspen Building Department 517 E. Hopkins Ave Aspen, CO 81611 RE: 431/433 West Hallam \ Owner Authorization Parcel /D # 273512433001 To Whom it May Concern: Zone 4 Architects has the authorization of DH Hallam LLC, the property Owner, to meet with City of Aspen officials as well as submit any required land use applications, permit applications, and change orders for the sole purpose of constructing of a new residence on the property currently designated by the addresses 431 & 433 West Hallam Street in Aspen Colorado and having a Parcel ID # 273512433001. Sincerely, C~ DH HallarnJ~|&1A~W~er Joeseph~#, MaFtager Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title GUAUNTEE COMPANY WWW.LT OC· COM Date: 11-02-2012 Our Order Number: Q62004916 Property Address: 431-433 W HALLAM ST ASPEN, CO 81611 If you have any inquiries or require further assistance, please contact one of the numbers below: For Closing Assistance: For Title Assistance: Kate Staskauskas Aspen Title Dept. 533 E HOPKINS #102 Kurt Beereboom ASPEN, CO 81G11 533 E HOPKINS #102 Phone: 970-925-1678 ASPEN, CO 81611 Fax: 800-318-8202 Phone: 970-925-1678 EMail: kstaskauskas@ltgc.con, Fax: 970-925-6243 EMail: kbeereboom@ltgc.com ASPEN SNOWMASS SOTHEBY'S INTERNATIONAL REALTY BJ ADAMS AND COMPANY *TMX* 415 E HYMAN AVE 534 E HOPKINS AVE ASPEN, CO 81611 ASPEN, CO 81611 Attn: TRACY EGGLESTON Attn: ANDREW ERNEMANN Phone: 970-948-7130 ~ , Phone: 970-379-8125 Fax: 970-920-3880 Fax: 970-920-2927 EMail: tracyaspen@yahoo.com EM~il: andrew@bjac.net Sent Via EMail Sent Via EMail • I . . I WALNUT CREEK RANCH LLC LAKESHORE COMMUNITIES, INC 4520 MAIN 5r # 1060 Attn: JOE WOLF KANSAS CITY MO 64111 EMail: IWOLF@LAKESHOREMHC.COM Attn: BUSH HELZBERG Sent Via EMail . EMail: BUSH@PVAFUND.COM LAND TITLE GUARANTEE COMPANY ASPEN SNOWMASS SOTHEBY'S INTERNATIONAL REALTY 533 E HOPKINS #102 415 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 Attn: Kate Staskauskas Attn: ASHLEY CHOD Phone: 970-925-1678 Phone: 970-925-6060 Fax: 800-318-8202 Fax: 970-920-9993 EMail: kstaskauskas@ltgc.com EMail: ashley.chod@sothebysrealty.com Sent Via EMail ,&, Land Title Guarantee Company CUSTOMER DISTRIBUTION Landlltle GlARAIETTE COMPANY WWW.LTGC.COM Date: 11-02-2012 Our Order Number: Q62004916 Property Address: 431-433 W HALLAM ST ASPEN, CO 81611 ASPEN SNOWMASS SOTHEBY'S INTERNATIONAL REALTY 415 E HYMAN AVE ASPEN, CO 81611 Attn: ROBERT EGGLESTON, JR Phone: 970-925-6060 Fax: 970-920-9993 EMail: BUBBAEGG@YAHOO.COM Sent Via EMail 11.15.12 DELIVER. 0 {8/2003) Land Title Guarantee Company ty,l.,1 Date: 11-02-2012 Land Title Our Order Number: Q62004916 GUARANTEE COht?6MY wWW.'TIC COW Property Address: 431-433 W HALLAM ST ASPEN, CO 81611 Buyer/Borrower: LAKESHORE COMMUNIT]ES, INC Seller/Owner: WALNUT CREEK RANCH, LLC, A KANSAS LIMrTED LIABILITY COMPANY Wire Information: Bank: ALP]NE BANK 600 E HOPKINS ASPEN, CO 81611 Phone: Credit: ABA No.: 102103407 Account: 2020010529 Attention: Rate Staskauskas Need a map or directions for your upcoming dosing? Check out Land Title's web site at www.ltgc.com for directions to any of our 54 office locations. ESTIMATE OF TITLE FEES ALTA Owners Policy OG-17-06 $4,552.00 Deletion of Standard Exception(s) (Owner) $65.00 Tax Report $25.00 If Land Title Guarantee C©&11),ally will be closing this tranaaction, above fees will be collected at that time TOTAL $4,642.00 Forn CONTACT 06/04 THANK YOU FOR YOUR ORDER! On Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. Q62004916 Schedule A Cust. Ref.: Property Address: 431-433 W HALLAM ST ASPEN, CO 81611 1. Effective Date: October 24, 2012 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 06-17-06 $2,550,000.00 Proposed Insured: LAKESHORE COMMUNITIES, INC 3. The estate or interest in the land described or referred to in this Commitment and cowred herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: WALNUT CREEK RANCH, LLC, A KANSAS LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: THE NORTHERLY 70 FEET OF LOTS A, B AND C, EXCEPT THE EASTERLY 39 INCHES OF LOT C, ALL OF WHICH PROPERTY IS SITUATE IN BLOCK 36 IN THE CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO. ATTACHMENT 2 -LAND USE APPLICATION PROJECr: Name: 431 /433 WES-r NAU-*•4 Location: 43/ /413 w evr WALL AW ST AW' 6,0 (Indicate streetaddress, lot & block number, legal description wh~re appropriate) Parcel ID # (REQUIRED) 29 35- /2 43 3001 APPUCANT: Name: -C> A 4 Au- *wt LLC. Address: 27.11 C,K)1&772 Utu.9 R#1112 w 1 L M I •14*) i pe )9 358 Phone #: REPRESENTA1IVE: Name: 70'05- H k/&64 (-TVCKS JoyLA,0 40,1*25 Address: 730. 750 K 258 8 C A-5/6,0 ce 84/ 2- Phone #: 921- 8470 TYPE OF APPUCATION: (please check all that apply): GMQS Exemption O Conceptual PUD O Temporary Use GMQS Allotment O Final PUD (& PUD Amendment) O Text/Map Amendment Special Review O Subdivision ¤ Conceptual SPA ESA - 8040 Greenline, Stream O Subdivision Exemption (includes U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumiation) Amendment) Mountain View Plane D Commercial Design Review O Lot Split C] Small Lodge Conversion/ Expansion 0 Residential Design Variance U Lot Line Adjustment 0 Other: C] Conditional Use EXISTING COND]TIONS: (description of existing buildings, uses, previous approvals, etc.) ~ E)4577,00- POA-EX -rb PE -DEMOUS&469 4, RE-w 265(lamicd- Co•orrad€7,~ Al o PTZ.EvioUS 1-44 05 9 /WArvALY. PROPOSAL: Nescription of proposed buildings, uses, modifications, qc.) Nfl 22%(De, w- 76 BE Co•*740<ao . ~REQUGS-n ~6- Wht.1 btwl ur -BECAus, 1 1/4 1-01 -Po•5, 4/67 HAvr 146627£ 466-621&4 9'floms#n- t> Co-S lf-ar., -1 Have you attached the following? FEES DUE: $ 3, 25* /64,2.10.1 6"t•#605) D Pre-Application Conference Summary j Attachment #1, Signed Fee Agreement E] Response to Attachment #3, Dimensional Requirements Form C] Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ¤ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted aspart ofthe application. Large scale projects should include an electronic 3-D modeL Your pre-application conference summary will indicate if you mlist submit a 3-D model. 0000 1'~ CD)¢XfF\[Til)£)-FitotilitiS?OjEFAIrt'fiWM· " - P.ft-rk) 4 4.:2 .19 -f -lfi» 7,~ Tagi<,4-~0i ; . ..t,ths'904>3€'·.4**413.if:,44»4~,f~le. ·172>·t2<'·~=. )~Rf:p> .6 : ' -i. e:*t;FF'-y4>t< Agreement to Pay Application Fees An agreement between the City of Aspen CCity') and Property Phone No.: owner Cl»): DH Hallam, LLC Email: Address of Bming Property: 4ZI/433 NE,T NAU*09 Address: 2711 Centerville Road, #300 (subject of (send bills here) . . application) Wilmington, DE 19808-1645 I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees forthe services indicated. l understand that these flat fees are non-refundable. $ h)/6 flat fee for . $ NIN flat fee for $ 44 flat fee for . $ A~h- #atfee,g* For deposit cases only The City and l understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. 1 understand that additional costs over and above the deposit may acclue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above Usted billing address and not returned to the City shall be considered by the City as being received by me. 1 agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy induding consequences for non-payment 1 agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 3,25-C> deposit for 1 0 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $315 per hour. rl $ */A deposit for hours of Engineering Department staff time. Addit~nal ti m~~ove the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: Chris Bendon Community Development Director Name: DH Hallarfil LLCX By: Jo*bh I. WBIE President Title: City Use: Fees Due: $ Received: $ ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM project: 4-51 / 933 WEST NAU 4 1 Applicant: -t> 8 14 ALL*»1 LLC- Location: 43 /433 WECT HALLAM 57 Zone District: 125-/G Lot Size: 4 073 Lot Area: 4,0¥3 (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: ENisung: N ~ k proposed. Al ~Ar Number ofresidential units: Existing: -2. Proposed: 1 + *bu Number of bedrooms: Existing: 4 Proposed: 4 ** ADu Proposed % of demolition (Historic properties only): A/)A- DIMENSIONS: 3490 Floor Area: Existing: 1,94 1 Allowable: w/lbiL Proposed: -59 85 w /7DYL Principal bldg. height: Existing: )2' EST Allowable: 25' Proposed: 15 Access.bldg.height Existing: N~A: Allowable: 15' Proposed: )4' 4+ On-Site parking: Existing: Required: 14 ~0©0 Proposed: -2.* APO % Site coverage: Existing: Il % Required: 5£1% Proposed: 31% % Open Space-. Existing: N~A Required: N~A proposed: A/~A /L,W&¥1~ - Front Setback: Existing: 10-3~&i-2 Required.- 10~1546' Proposed: ID-lo/10-9 Rear Setback: Existing: 31 Required: 11)~5/5- Proposed: 10 /5 471*eAGC Combined¥®. Existing: 47- Required: R/A Proposed: 2040 Side Setback: Existing: 4- 1 Required: 5 Proposed: 5 9- Side Saback: Existing: N/A Required: /V~,A Proposed: A/~Ar Combined Sides: Existing: N ~ A Required: N /A Proposed: N /4 DistanceBetween Existing #~ A Required. 5 Proposed:_5 Buildings Existing non-conformities or encroachments: EXIST/,1/6- E.6106•VCE- HAS 1:12.vu-r 4 SlriE SE-78*Ck A;60- C.,FUL•,rn ES , 1*'UCWO· Anv) -C•OP¢'-~ Variations requested: A/0 12#Mpuste.v,11- 1/A,2.1 4,1/Ct) E€2GVE378-E> 074 EYL -T'I 4w 0 4,14*E- F 42•41 1 5 9-70 4064< 1'872_ 'KES -PGS [04 3»yt' 3 [Ly - Wa€ 1 End )011!or 5UU. 3, «REY -- --- i SOO W-1 Fralicts Lol Spill 1-h f - W FRANC}S ST L U ki • 4 432, 1 I . CO 407 <H f,2-1 £*2»-4, 1 I J L J 5 4'20 1 -- \ 8.. f j¢:. il-Or, 1 1/ i.4 + // 319. 4.» 24.4 j W --19-T · j CO, 1. 3, l¢Ey' 4 817. / · 8. , r-1- i 425. j . th 1 f-J-: 77 aso. 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S }41¥ N 1--- / i .- I . 1 4 , L..1 , Lit I. 4 1 . 1 r 1 1,1 0- . . r -154 -* 1 .f --* + * ,1,- . - - I - dil... Fi#27/.ill./1/.Il -2~//7////73%/~ ...,K. 1,6 -i €-1~~ -- f.2 }fi le 39,n-,-2~:* , , 11 - 2, -4.-t:~ ... :.'41 . W 1 /"m/34#~ I~I'Il 1 .2 yv.1/2, 0' ft~ 9.,1. .==.1, 1 9,043:"LAS//1.'1.15 0%1 - 7 fi~.Rf#_ Ai"01 1 . ·. I.N --·=EL-- 01. -fla~ - I ' 'A--- i '1 4* 2., C . --- I k .- 2:12 1 /- - I< - --3 ~ - ./ ./ 4.-Ii. -g--- 4th STREETCWEST SIDE FLIPPED) ZONE 431/433 HALLAM ST I 3D ELEVATION AT HALLAM STREET N.T.S. 11.15.2013 L~Ir J ARCHITECTS LLC . HALLAM STREET uJUTH SIDE) - m. 1 1 1.0- - . 6 .:49.:~, +A/---em. Ell T -0 A ·· ~ 2,1.0,6 ·v - ef--=;-- M .1'lati 4 . 1.1 - 1 1.1 1 -10 . 4.aftl ..9.611 46- P idi : 1 '* A 4 - - 'ki. E r.'. a ,//F///M .U L / . L V 1 1 .4 2477.t 3 -/ 1-4*lpt. =4 t 2~- r.7 ---~I--*--.I~)* . 4 ,/ 5 -- f 1 1 194 , 1 11 1 1 , • ifp ; 1 . .,09 f r * S * ~....~--*. *-v /41:-4: r-i i '1-1 i f 4 0, ~ p -0**Id~Ad'~o*obdiw/*bj-b-Adi-"b-I-~I--/A---AA----1----*.a./.,4--d-I--d-,I--ad -=1.NHete,6, 1 , ' t.rf; 4. .viff 1 *4 1 4 - 4 . 4 1% I i i •«6 1 1 1 1. 1 E-id ' . 4 -~ Jitlt-dii-glivy"#5421~ I ...U .1/ i - 0 ~9.11 '4*1 , 14* p 1~ 41,11'~ffgk-,66(4~(1;-C 5.3 W 1 9 - fi .1 . : 0 1:~i#EM A ' .; i **: 3* -4 ·4*1 14: 9/4 J. 14 4. a• 11 41 r ..7,76%.,=g. . * -,1 p.. 1 , . 7 ....11 1 4 *f ~ ,-: ~ f~ t* 80 '* i -1| L 1· *cull Itt. Ill:Z.:3:1 - 1 Ze 1 e. - --*.2 - 34 -1 ~j#q<~6•. \ -1 45 'Le- 1*.- / HALLAM STREETCNORTH SIDE FLIPPED) ZONE 431/433 HALLAM ST I 3D ELEVATION AT HALLAM STREET N.T.S. 11.15.2013 ARCHITECTS LLC .. Improvement Survey Plat The Northerty 70 Feet of Lots A, B and C, Except the Easterly 39 Inches of Lot C, Ail of Which is Situate in B tock 36 in the CITY OF ASPEN GPS MONUMENT NO. City and Tolunsite of Aspen, Pitkin County, Colorado 9 CITY OF ASPEN -~r' GPS MONUMENT NO. ... u 20 % 1% Legend and Notes: ' =. - O indicates found monument cs described 4-4 9 - 4* indicates Spruce Tree - 991 indicates cottonwood Tree WEST HALLAM S -9 indicotes Water Service 4%24 »REET ~ ~ ~ ~ Reba~: E=/:184 4 %94-···--,~,---- n €\ \ /iw £7•ve= 79013~' V 1 -2:L <v ~~ ~~ f -'- -»74- vi - 7 \ D ,- D -- f a . \ 4,1 . jl , - Bearings are based upon a No. 5 rebar with a plastic cop LS.#9184 at the <' 1%64 _-nff' 4.. ,\ 1 northwestedy corner of said Lot and a No. 5 Rebar -0 ---- 4/ monuments. found at the northeosterly comer, using c bearing of 575-09'117= between said 4, 7904.89k>..~_ v ~ - 7790 unit of meosurement for th,s survq/s the US Surveyfoot. / N 07@Or \ -C - 'a, -1 ~ <REAR - The verticol datum used in this survey is based upon NAVD 88. 0 790419 r , .7<f -\ 1-/ p . 1.# GRAPHIC SCALE - The date thot this survey was preformed was January 22, 2012. .2 13-ett~*909/,«075////7//7/ ., -,1 C-:*116 11 10) D g ,O 40 - Trees gre measured by the diameter at breast height (DBH) and the s>mbd is scoled to the drip tine - Said Parcel is entirely within ~Zone X: Area determined to be outside of 500 year C IN FEET) Flood Plain* per FEMA Flood tnsuronce Rate Map, Panel 203 of 325. 1 inch = 10 fL Concrete - This survey does not represent a title search by this surveyor to determine ownership Dr~way - 7 1 /77469>914 i%424>j/>f/%*tw,%&.1.266 /4 i or to discover easements or other encumbrances of record. All informatm pertaining to 11)111/11,1,111'.2 cs Order Number 062004916 ownership, easements or other encumbrances of record has been taken from o title -4 1 Carport / k/ insurance commitment issued by Land ntle Guarantee Company, dated October 24, 2012, 4%' ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON IMPROEEMENT SURVEY DATED AUGUST 01. 2012 ft\Pil ir. 41 AN7 BOUNDARY DISCREPANCY DUE TO RE LOCATION OF FENCE UNES ALONG THE - THIS PROPOERTY JS SUBLCT TO ANY FAC7% RIGHTS, INTERESTS OR CLAIMS 4*CH MAY EXIST Of PREPARED BY ROCKY 610UNTAJN SURVEYING, 303# 1254~ L lot B EASTERN BOUNDARY OF SUBJECT PROPERTY AND THE EFFECT OF ANY RIGHT nTLE OR b <) '2 ·4 ; x79O4.»-1 -t. t . 1. 721*1CE43.go ·~On= /~~' ~ ~ ' t cd- f ·-,i .2*1 . f. *.*44~ 904~ ~ ~ \I. f--- cg°j,4 ~ ~ INTEREST THAT MAY BE CLANED DUE TO ANY SAID DISCREPANCY.(PER SAID TmE COMMITIENT EXCEPTION Na 9) x/ 49 911--1-31 -7~· - -41 1 7-»,4 / 79455/ 1 Lot V DITCH \ \ 4457 4 1 / I .- Bunding *tback No. 5 Rebar and---·~--0-r-3 -- ~ _ / Lot G /333-~~~ f f Cop #legible 1 //1 e />1 \/ 1 --77«lj~~/ / * 15' / , 9,12- 1 1 "3* 1 105 1 P.70. 24:32, 125I.L-.- Vicinity Map 1 "= 500' 1 ¥1 1 1 1 ~l 1 , Ll 1 36/ ~0 r Lo · 8-·GI - '64 - j %\00>L 1 1 ( Surveyor's Certificate: I ./ 7 ~ ,~ 9~*%721%4<4%241~5. C.~ ' / / 6 6,- t\»31**69 -1 ....74'2*~2/e~7%2\95).- 1. Jeffrey Allen Tuttja, being a Professional Land Survejor in the State of Colorado. - - .4. _ . #/ilth ™€ 7 /9=111 +A .- 1.- ) ' - do hereby certify that this improvement survey was prepored from on actual - 1 1 W-.4#Di|~4@dj : 1, ek:2~rirr·+ monumented land survey of the property comer monuments, both found and set, ;'·: - -1=:c· PS:*Blf-/.. /4044,82:=4*=a*'leD24€'/i'-iR€7~i L 4-Tz-7 under my direct supervision ond checking; that it is correct to the best of my belief and knowledge and that d dimensions. both linear and angdor were within a Nmit of 1 in 15,000 (whkh compties with Colorado Professiond standards determined by an accurate control survey in the field which bajanced and dosed 1 for a land survey plat and the current accuracy standards for ALTA/ACSM Land Title i 1 v. 6 4*3-4444~429*JWLEr-·, · .,7 Surve>s): I further certify that the improvements on the above described parcel on this date, January 22, 2013, except utility connections, ore entirely within the - - u.1· '.'"'. boundaries of the parceL except as shown, that there are no encroachments upon the described premises by improvements on any adjoining premises except cs indicated. and that there is no apporent evidence or sign of any easement crossing >51-6,(*,fj~ or burdening ony part of said parcel, except as noted. /94*6 7:42,0~434#~JEA~M#7244%*iVEh Jeffrey Allen Tuttle La 33638 Date &92..... 7- .'·j.-417416»f«';fe*WK;Vt#Spt Wee TUTTLE SURVEYING SERVICES Accordmg to Colorado taw. you must commence any 'w action based 'po' any de/€et in 727 Blake Avenue ,ee 431 and 433 West Hallam Drawn by: SRB Uhts surt,y wifhtn U:re, ware after ya' Irrt,proverlent Survey Plat Date: 1/23/13 h,st *scover sucA detee,. .no event may Glenwood Springs, Colorado 81601 'rts""<'::t:c:24:2„72:: 212 yeays (970) 928-9708 (FAX 947-9007) from ~ Int' 4 the cir¢:Acation "own TUTTLE SURVEYING SERVICES Aspen, Colorado 81611 hereon jeff@tss-us.com MIWA,Le UO~ . '3 FOURT-H REET P12 MEMORANDUM TO: Planning and Zoning Commission FROM: Jennifer Phelan, Deputy Planning Directo~f~ RE: 431/433 W. Hallam Street- Residential Design Standards Variances, - Public Hearing DATE: January 7, 2013 Applicant: DH Hallam LLC . - -/' .*9* "HI . r . Representative: Dylan Johns 5 . dcAC i Zoning: R-6 (Medium-Density Residential) , ? Land Use: Existing duplex proposed to be demolished and replaced with a Single-Family Residence Request Summarv: The Applicant is requesting - ,4 two variance from the Residential Design Standards with regard to the setback required of a ..: 4.i"St*1 -11 - 1 1 garage and the appearance of the garage door. 431/433 W. Hallam (from Hallam) Staff Recommendation: Staff recommends denial the variance requests. ir' ; 1 Ul 1,4. tiv. r ' 34 , I b 4 (from N. 4~h Street) Page 1 0 f 6 P13 LAND USE REOUESTS: The Applicant proposes to demolish an existing duplex on the corner lot and replace it with a new single family residence. The Applicant is requesting two variances from the Residential Design Standards, one that requires a street facing garage to be set back further than the front - most wall of the house and one that requires street facing garages to either be single-stall doors or double-stall doors that look like single-stall doors. Variance approval from the Residential Design Standards pursuant to Land Use Code (L.U.C.) Section 26.410.020 D., Variances. The applicant is requesting a variance from L.U.C. Section 26.410.040 C.2.b and f: "The front fagade of the garage or the front-most supporting column of a carport shall be set back at least ten (10) feet further from the street than the front-most wall of the house." "If the garage doors are visible from a public street or alley, then they shall be single- stall doors, or double-stall doors designed to appear like single-stall doors." REVIEW PROCEDURE: Variances from the Residential Design Standards shall be approved, approved with conditions, or denied after review and consideration during a duly noticed public hearing by the Planning and Zoning Commission under L.U.C. Section 26.410.020 D., Variances. Figure 1: Vicinity map r.¥ ' , 1 1/ ''f Tyj -A<i a i .·i Subject -1 ,·* 2 : 34., 2·9, ' -- Site ir't ~U .r:;·t~ ~~·9re»06..r.1 1 "44-*//Im/* J.N m. .*·i- f 9. 4 £ 11>.alr·' 1. .0 & e ... .6 ... ,-n 7 V r , --431 - IVIW 11 il , *162 :a. A .:-2,1-:d· ir:·t'... .7..0~ .....9 r ~~ F r 4, ·; 145 ' '.. - 5. 1 1 'I . .1 i. 1: V. .7:90 24'2~.'1.-.~<.4Y-t' '1 4 RA----, r.. slu' . , 1---8 ZED.w--A f. 4 92.--4. 0 ''.3 495~ ~ ..2 11'' . Alii , 4. k.7 1 1,; ,$ A' .N:~ · : .4. A . 44 - 21.. - .' "·:7 -..,i 1 ~·End i 'e- i. + 3{/ · c *LE.K , 2~r - A?¢+ , 02 . 4·r , . ?. ''. £»% I . 2 3 . i ' A.' i .ar * 4 .;15.0~ f 442 -~ 'f · /...... ... .1 .. €4 .It · b. L lei 71' 6.47 ~ - '2 Page 2 0 f 6 2,404 87 P14 PROJECT SUMMARY: The Applicant is proposing to demolish the existing duplex located at the corner of N. 4th Street and W. Hallam Street and construct a new single-family residence and accessory dwelling unit (ADU). The 6,073 sq.ft. lot does not have access to the alley opposite W. Hallam Street as a separate lot is located between the subject lot and alley. As the lot does not have alley access the garage and parking for the site is proposed along N. 4th Street. Figure 2: Lot Configuration , WES: HALLAM STREET . CM-'2.kiET Vt,no\.-- 24-k 6 --6,¥- -W 1 . /. . 1 Me / 11 1 -2 -&.* , l &24>4 . .1 Ar 401 0. 43:b C , ./ ,'.::~:.7 '" .//* f...435 , 21 141 1 ' lk, 4 4 47 -- I I + i .00 4 1 »:'."--4,? --pe .r-i~ # .*r. S./.4 P .1 \ N i b=*=:4€21, .-.-h PJ\ . e...r·h·*fklo?PF--45*. h.. , :F/ |8& | 1 1 + 495. ' .6 '1 5.*&*1 1 41 4 1 0 -I I 1 -WI : 1 1 000 1 1 Alley The proposal is to have the face of the garage flush with the fagade along N. 4 Street, rather than set back ten (10) feet from the front-most fagade as required by the Land Use Code and as shown in Figure 2, below. Figure 3: Original and Proposed site plan Ill T . ~J, 1 1 W 0 4-4 t.e, Fl - 2 J 2=13-4 !11 E € 1:==111 ES::U Iril ~ 11 . 1 6.4 . ad In J : r=1 1 $ .Ma. - 1 ·· 11 C--pj Ill' 314---*lai- ~1 --- l.-= 11 1 1 1 1 1 1 1 1 1 IC 1 1 1 1 1 Page 3 of 6 $¥48,4,~ 1 741 9+141\ P15 Additionally, the Applicant would like to propose a "hidden" garage door by proposing a door that matches the materials of the building. th jft-; ·,, a ,J 74-- -- 11 ,-Ii 1- 1 2 t-4 1 , I 1 =I==1 r-==r-7 -11--:1 r .1 i 1 R-7- T T-4164:4: '-1 2.':44:-I·;' ' {52:(,R -kfiR'·'-; --2. '~ ~·dGS ~ ' 0.- a : .-- ~- I- ME-Ir-rz=-7,r,~E=urk: L I, T W 42_L__11 trri, 1 , 1 '1 9 CURRENT DESIGN 1, 1 1 1216.' 1 1 1 -1--1 ·' 74·T''fr -1 1-31 , 91 c Rt I & tit ! ' 1 . . Tri tru ' L »11 1 -+ 1 lit '- t. - L U 1 1 - - ..1, 1" 1 -1 1 '¢ 7.1-11 •r·-1 j - ' Mil".1 11 .. ' 0.- 4#f·6 -'.i .-' 9-71.rAX , 1 . 9.4.5·74. ·N A.:5 tu .,1.411'' , 67, I --4 #-1 E_---4 I -3 1 2; * i .:+~gie#.. £ - I 1---1 4-9-1 1 j .tff t...vM ·i·;./.M 4 2 *poiti?*2241 1 iI--~ -L_-_-it- 1 r 1 1 &--- ~ f.*%44'13',»On..2 ' +-t --j 4 -1-:?931€:.2.,;i .*i.6-N:Ip-, 4.".1 Y I i-~ t 0 .W -r ·· . ~.··.:'"S:*f: 305.5(¢»26&*21£9 i ! 1 PROPOSED DESIGN Page 4 of 6 P16 STAFF ANALYSIS: RESIDENTIAL DESIGN STANDARD VARIANCES: All new structures in the City of Aspen are required to meet the residential design standards or obtain a variance from the standards pursuant to Land Use Code Section 26.410, Residential Design Standards. The purpose of the standards "is to preserve established neighborhood scale and character....ensure that neighborhoods are public places....that each home...contribute to the . streetscape. Additionally, "Parking areas are to be concentrated to the rear or side of each residence." Parking, garages and carports. As noted previously, the parking, garages and carport standard requires that "all residential uses that have access only from a public street" meet certain design standards including having the garage located behind the fai~ade of the building and to have garage doors "be single-stall doors, or double-stall doors designed to appear like single-stall doors." The intent of this standard is "to minimize the presence of garages and carports as a lifeless part of the streetscape where alleys do not exist." There are two review standards that the applicant may meet if the Board is to grant a variance from the standard, Section 26.410.020 (D)(2): a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Staff Comment: Residential Design Standards have been adopted to contribute to the streetscape, enhance the pedestrian environment and promote architectural elements that are important components to neighborhood character. Although older development examples are sprinkled throughout the neighborhood that do not comply with the garage door standard, some do. The historic context within the West End is to have detached accessory structures, such as garages, located towards the rear of the property. As this is an attached garage, providing a garage entrance that is set back from the fagade assists in minimizing its presence along the street and should be required with new development. This variance request is not related to reasons offairness or unusual site specific constraints, as the Applicant has shown within the application that the set back standard can be met. Adopted standards require garages that are single-stall doors or double-stall doors that look like single-stall doors. The intent of the standard is to break up the mass of the garage doors, although a "seamless" finish may assist in minimizing the presence of the garage, the curb cut and driveway are telltale signs that there is a garage. A hidden look can still be accomplished by providing two stalls. Page 5 of 6 P17 STAFF RECOMMENDATION: In reviewing the proposal, Staff believes that the request does not meet the variance review standards that are set forth in Land Use Code Section 26.410.020 D, Variances for the Parking, garage and cal'port variance request as there are examples of residences meeting the standard and there is not a site specific constraint. Staff recommends the Planning and Zoning Commission deny this application. The Resolution is written in the affirmative, approving the request. Changes may be necessary depending on the motion. RECOMMENDED MOTION: "I move to deny Resolution No. , Series of 2014, approving variance requests from the Residential Design Standards." ATTACHMENTS Exhibit A -- Review Criteria & Staff Findings Exhibit B - Application Page 6 of 6 P18 Resolution No. (SERIES OF 2014) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING RESIDENTIAL DESIGN STANDARDS VARIANCES AT 431/433 W. HALLAM STREET, LEGALLY DESCRIBED AS THE NORTHERLY 70 FEET OF LOTS A, B, AND C, EXCEPT THE EASTERLY 39 INCHES OF LOT C, ALL OF WHICH PROPERTY IS SITUATE IN BLOCK 36 IN THE CITY AND TOWNSITE OF ASPEN Parcel No. 273512433001 WHEREAS, the Community Development Department received an application from Dylan Johns of Zone 4 Architects, on behalf of DH Hallam LLC requesting Variance approval from two Residential Design Standards for a new single family home located at 431/433 W. Hallam Street; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, upon review of the application, the applicable Land Use Code standards, the Community Development Director recommended denial of the twoVariance requests; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on January 7,2014; and WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets the applicable review criteria and that the approval of the request is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, the Planning and Zoning Commission approves the requests; and WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission: Section 1: Residential Design Standards Variances Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves two variances from the following Residential Design Standards that are underlined below, as represented in the application presented before the commission and included as an exhibit to this resolution: P19 A. 26.410.040.C.2.b. Parking, garages and carports. The front fa©ade of the garage or the front-most supporting column of a carport shall be set back at least ten (10) feet further from the street than the front-most wall of the house. The variance granted from sub-section 26.410.040.C.2.b. allows the applicant to build a garage that is flush with the building along N. 4th Street. B. 26.410.040.C.2.f. Parking, garages and carports. If the garage doors are visible from a public street or alley. then they shall be single-stall doors or double-stall doors designed to appear like single-stall doors. The variance granted from sub-section 26.410.040.C.2.f. allows the applicant to build a two car garage door that matches the materials used surrounding the garage. Section 2: Building Permit Application Other than the two variances granted, the building permit application shall be compliant with all other standards and requirements of the City of Aspen Municipal Code and all other adopted regulations. Section 3: Impact Fees and School Lands Dedication Fee-in-Lieu The Applicant shall pay all impact fees and the school lands dedication fee-in-lieu assessed at the time o f building permit application submittal and paid at building permit issuance. Section 4: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its meeting on January 7,2014. P20 APPROVED AS TO FORM: Planning and Zoning Commission: Debbie Quinn, Assistant City Attorney LJ Erspamer, Chair ATTEST: Linda Manning, Deputy City Clerk Attachments: Exhibit 1: Approved site plan, elevations P22 Exhibit 1: Approved Site plan and Elevation il,~7'..1 f tr//1 liM£ 11 -r j L+Wi'Epal'll I 1,rll r-11 1 z= t 1.Im,I - 7 T 7 Tr - 1 -~-IIIITTITEmIg.7 1 1 1 - 1 1 1 1 A 1 . 1 C 1 1 1 1 1 -1 1 1 1 1 1 Approved Site Plan A € , G . ' r ·a T. i-4- - 2 :. 4 i if - £ I i y- i E--t·~ ·__51 ·fritiD . M t A .2 . .21 1¤JIN 3 1 1 6•U.· 1 Lf F T 1 , a .1 1 d 4 Approved garage (area of matching material outlined) --7m -- L. L P23 EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS A. RESIDENTIAL DESIGN STANDARDS REVIEW No variance shall be permitted unless the Planning and Zoning Commission makes a determination that the proposed development complies with either of the requirements set forth below: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Staff Finding Residential Design Standards have been adopted to contribute to the streetscape, enhance the pedestrian environment and promote architectural elements that are important components to neighborhood character. Although older development examples are sprinkled throughout the neighborhood that do not comply with the garage door standard, some do. The historic context within the West End is to have detached accessory structures, such as garages, located towards the rear Of the property. As this is an attached garage, providing a garage entrance that is set back from the fagade assists in minimizing its presence along the street and should be required with new development. This variance request is not related to reasons of fairness or unusual site specific constraints, as the Applicant has shown within the application that the set back standard can be met. Adopted standards require garages that are single-stall doors or double-stall doors that look like single-stall doors. The intent of the standard is to breakup the mass of the garage doors, although a "seamless" finish may assist in minimizing the presence of the garage, the curb cut and driveway are telltale signs that there is a garage. A hidden look can still be accomplished by providing t-wo stalls. Staff does not find either criterion met. US\\ 93 . 4 Z O.N E 1 1N3Wd013A3(I Al.INAINMOO N,dS¥ 30 Allo EIOZ O Z AON ARCHITECTS LLO· 03AB0EIN November 19,2013 Attn: City of Aspen Planning & Zoning Commission Members RE: Request for Residential Design Standards variance for property located at 431/433 West Hallam Street. To the esteeined members ofthe Planning and Zoning Commission, This is an application to consider a variance exemption from Section 26.410.040.C.2.b of the Land Use Code. which states: 'The front facade of the garage or the front-most supporting column of a carport shall be set back at least ten ( 10) feet further from the street than the front-most wall of the house." The subject property is currently configured as a duplex residence and is located has the addresses 431 & 433 West Hallain Street. The proposed design involves the demolition ofthe existing structure and replacing it with a Single Family Residence + ADU. The configuration ofthis property is somewhat unique when compared to the predominant sub-urban pattern of development in the West End. Rather than occupying two platted town site lots and having the long axis of the lot extending from the Street to the Alley (North/South). the long axis of this property is oriented across a portion of three town site lots in an East/West direction. The southern 1 /3 of the three lots are owned by the Weaver Subdivision with the address of 422 West Bleeker Street, and this area currently serves as surface parking and a single story garage for the 422 West Bleeker residence. The effect ofthis is anomaly is that the property at the coriier of 4th and Hallam Street does not currently have driveway access to the alley and is forced to access the property th via a curb cut on 4 Street. IF the Property did have driveway access to the alleyway (and the garage doors hence facing the alley), this variance would not need to be requested. since the language within Section 26.410.040.C.2.b specifically states that the front facade ofthe garage (i.e. garage doors) is required to be setback from the front fagade of the Residence by 10 feet, but does not specify that any other portion of a garage must be located 10 feet behind the front fagade of the Residence. The Residential Design Standards were established to primarily protect the character of the West End from redevelopment which was occurring there in the late 80's and early 90's, and thus were codified around typical lot configurations found in this Zone District. The variance process was established to address situations where the lot configurations ZONE 4 ARCHFFECTS PO BOX 2508 ASPEN COLORADO 81612 I '/ did not conform to the typical 30x100 foot platted lots which spanned from Street to Alley, both in the West End and in other Zone Districts within the City of Aspen. In response to the criteria for review of this variance request application, please see below: 2. Variances.h·om the Residential Design Standards. Section 26.410.040, which do not meet this Section, may be granted by the Planning and Zoning Commission, flie Board of Adjustment or the Historic Preservation Commission. if the project is subject to the requirenients of(Chapter 26.415. An applicant who desires to consolidate other requisite land use 1-eview by the Historic Preservation Commission, the Board of.ldjustment or the Planning and Zoning Commission may elect to have the varjanee application decided by the board or commission reviewing the ofher land use application. jin applicant who desires a variance from die Residential Design Standards shall demonstrate and the deciding board shall find that the variance, if granted would: a) Provide an appropriate design or pattern of development considei·ing the context in which the development is proposed and the pitrpose of the particidar standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship ofthe proposed derelopment with adjacent structures, the immediate neighborhood setting or a broader vicinity as tile board.feels is necessary to determine if the exception is warranted: or -Response: There are several properties in the immediate vicinity of the subject property which do not conform to Section 26.410.040.C.2.b The proposed design is not out ofcontext within the immediate neighborhood. b) Be clearly necessary fort-easons ojfairness related to unusual site-specific constraints. -Response: This Property has unusual site-specific constraints by virtue of the atypical lot configuration, which creates an unfair burden on the property because Section 26.410.040.C.2.b forces the reduction of usable lot area that is not within a right ofway or setback for no other reason than the Property Owner not being unable to utilize the clear access to the alley. Application of 26.410.040.C.2.b in this case does not further the intentions ofthis code section by either "minimizing the potential for contlicts between pedestrian and automobile traffic" (as the lot is not located within the City's Sidewalk Attainment Zone. and the right of way is not pedestrian friendly by nature of being sloped). or "reduce lifeless parts ofthe streetscape" by virtue ofa having a slight facade offset and creating longer driveway. Ifthe intention of the code section is to minimize the presence of what a garage door looks like to a pedestrian. there are much more effective ways of masking the visual impact ofthese elements (examples below), although an additional variance from variance from Section 26.410.040.C. 1.b would be also required. It is important to consider that itthe Property Owner was able to secure an access easement or property rights to the portion of the Weaver Subdivision area which would allow entry to the garage from the alley, the garage wall facing 4th Street would be allowed, by right, to have the same western garage wall setback as what is being requested in this application. Thank you for your consideration. Dylan Johns, Zone 4 Architects ZONE 4 ARCHITECTS PO BOX 2508 ASPEN COLORADO 81612 Examples of Garage Doors which do not look like garage doors. Implementation ofdoor designs below would also require a variance from Section 26.410.040.C.1.b "Ifthe garage doors are visible from a street or alley, then they shall be single-stall doors or double-stall doors designed to appear like single-stall doors. ' .... /6,¥Ga ,0 - 9-~ff#.2.7214- .393?f·* :-t·Il.fl.:9%.1.049.:.-1.54%:a i 2~1 f*yati»'.42:1*3¥43:*4*1 3 .....' rn--=..'PE.7.-7-71 PMJjflft*~p'J J 1, f. 1-3. 11, i t %..' lit. .lu0 i. . ~' ~, 'Pr: 14*5 r #F £ 1,4.1:.·/ : . 1*1'fe,~li.,.1.4,.... , 7..1 '39. Waf , Ii!:1141- Ar#-TiZeS<%=4 20---Im-- IMEELU-JL# ... . 1?L /Lt:41474,2-¥~41.7- *L.-&*'::''.'F-L'~I la- 21>1.1 i . 1 !41 · 76 ZONE 4 ARCHITECTS PO BOX 2508 ASPEN COLORADO 81612 j CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny, 970.429.2739 DATE: 10.22.2013 PROJECT: 431M33 West Hallam St REPRESENTATIVE: Dylan Johns & Bill Pollock - 970.948.6787 TYPE OF APPLICATION: Residential design standards variance DESCRIPTION: The potential applicant is interested in demolishing the existing duplex on the site and replacing it with a single family residence and on-site ADU. The subject parcel is approximately 6,073 sq. ft. (per the Assessor, a survey is required to confirm the actual lot area), and is located in the R-6 zone district. The property does not have access to the alley directly south, as a portion of the land adjacent to the subject parcel and the alley belongs to the neighboring Weaver subdivision, the bulk of which exists just across (south of) the alley. The potential applicant has proposed a design where the garage's front facade is set back less than ten (10) feet from the front-most wall of the house. This will require a variance from Section 26.410.040.C.2.b of the Land Use Code, which states: "The front fagade of the garage or the front-most supporting column of a carport shall be setback at least ten (10) feet further from the street than the front-most wall of the house." A public hearing will be scheduled before the Planning & Zoning Commission. Notice requirements include publication, mailing and posting per section 26.304.060(E)(3)(ah-(c). Below is a link to the Land Use application Form for your convenience. http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps°420and°/020Fees/2011%20Iand%20use %20app%20form.pdf Provided below is a link to the Land Use Code. http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoninq/Title-26-Land- Use-Code/ Applicable Code Section(s) 26.304 Common Development Review Procedures 26.314 Variances 26.410.040.C Parking, garages and carports Review by: Community Development Staff for complete application Planning & Zoning Commission for determination Public Hearing: Required Fees: $3,250 deposit for up to 10 hours of review (additional billable hours, or hours to be refunded will be at the rate of $325 per hour) To apply, submit the following information • Total Deposit for review of application. • Pre-application Conference Summary. ' J • Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. • Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. • A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. • A recent survey of the subject parcel. • Completed Land Use application and signed fee agreement. • An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. • Existing elevations of the development. • A written description of the proposal and a written explanation of how a proposed development complies with the review standards (26.410.040) relevant to the development application. • 10 copies of the Land Use Application and all additional letters, maps, and agreements. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. January 9, 2013 City of Aspen Building Department 517 E. Hopkins Ave Aspen, CO 81611 RE: 431/433 West Hallam \ Owner Authorization Parce/ /D # 273512433001 To Whom it May Concern: Zone 4 Architects has the authorization of DH Hallam LLC, the property Owner, to meet with City of Aspen officials as well as submit any required land use applications, permit applications, and change orders for the sole purpose of constructing of a new residence on the property currently designated by the addresses 431 & 433 West Hallam Street in Aspen Colorado and having a Parcel ID # 273512433001. Sncere\N, Cl / DH Hallarr~~ Joeseph~mt, Manager Land Title Guarantee Company CUSTOMER DISTRIBUTION Landlltle GUARANTEE COMPANY WWW.iTGC.COM Date: 11-02-2012 Our Order Number: Q62004916 Property Address: 431-433 W HALLAM ST ASPEN, CO 81611 Ifyou have any inquiries or require further assistance, please contact one of the numbers below: For Closing Assistance: For Title Assistance: Kate Staskauskas Aspen Title Dept. 533 E HOPKINS #102 Kurt Beereboom ASPEN, CO 81611 533 E HOPKINS #102 Phone: 970-925-1678 ASPEN, CO 81611 Fax: 800-318-8202 Phone: 970-925-1678 EMail: kstaskauskas@ltgc.com, Fax: 970-925-6243 EMail: kbeereboom@ltgc.com .. ASPEN SNOWMASS SOTHEBY'S INTERNATIONAL RRALTY BJ ADAMS AND COMPANY *TMX* 415 E HYMAN AVE 534 E HOPKINS AVE ASPEN, CO 81611 ASPEN, CO 81611 Atm: TRACY EGGLESTON Attn: ANDREW ERNEMANN Phone: 970-948-7130 Phone: 970-379-8125 Fax: 970-920-3880 Fax: 970-920-2927 EMail: tracyaspen@yahoo.com · EMail: andrew@bjac.net Sent Via EMail Sent Via EMail • I . WALNUT CREEK RANCH LLC LAKESHORE COMMUNmES, INC 4520 MAIN ST # 1060 Attn: JOE WOLF KANSAS CITY MO 64111 EMail: JWOLF@LAKESHOREMHC.COM Attn: BUSH HELZBERG Sent Via EMail . EMail: BUSH@PVAFUND.COM LAND TITLE GUARANTEE COMPANY ASPEN SNOWMASS SOTHEBY'S INTERNATIONAL REALTY 533 E HOPKINS #102 415 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 Attn: Kate Staskauskas Attn: ASHLEY CHOD Phone: 970-925-1678 Phone: 970-925-6060 Fax: 800-318-8202 Fax: 970-920-9993 EMail: kstaskauskas@lige.com EMail: ashley.chod@sothebysrealty.com Sent Via EMail Land Title Guarantee Company 111.111 Z./Keli 1 ?7 CUSTOMER DISTRIBUTION Land Title GlARANTEE COMPN,rf WWW.LICC.COM Date: 11-02-2012 Our Order Number: Q62004916 Property Address: 431-433 W HALLAM ST ASPEN, CO 81611 ASPEN SNOWMASS SOTHEBY'S INTERNATIONAL REALTY 415 E HYMAN AVE ASPEN, CO 81611 Attn: ROBERT EGGLESTON, JR Phone: 970-925-6060 Fax: 970-920-9993 EMail: BUBBAEGG@YAHOO.COM Sent Via EMail 11.15.12 DZLIvERI.0 (8/2003) Land Title Guarantee Company 'N 'VA. -, . Date: 11-02-2012 LandTItle Our Order Number: Q62004916 GUARANTEE COMPANY WWW LTIC.COM Property Address: 431-433 W HALLAM ST ASPEN, CO 81611 Buyer/Borrower: LAKESHORE COMMUNITIES, INC Seller/Owner: WALNUT CREEK RANCH, LLC, A KANSAS LIMITED UAB]LlTY COMPANY Wire Information: Bank: ALPINE BANK 600 E HOPKINS ASPEN, CO 81611 Phone: Credit: ABA No.: 102103407 Account: 2020010529 Attention: Kate Staskauskas Need a map or directions for vour upcoming dosing? Check out Land Title's web site at www.ltgc.com for directions to any of our 54 office locations. ESTIMATE OF TrrLE FEES ALTA Owners Policy 06-17-06 $4,552.00 Deletion of Standard Exception(s) COwner) $65.00 Tax Report $25.00 If Land Title Guarantee Campany will be closing this transaction, above fees will be collected at that time TOTAL $4,642.00 Form ComITACT 06/04 THANK YOU FOR YOUR ORDER! T - ..' *.0 13 OM Republic National Title Insurance Company ALTA COMMITMENT Our Order No. Q62004916 Schedule A Cust. Ref.: Property Address: 431-433 W HALLAM ST ASPEN, CO 81611 1. Effective Date: October 24, 2012 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 06-17-06 $2,550,000.00 Proposed Insured: LAKESHORE COMMUNITIES, INC 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: WALNUT CREEK RANCH. LLC, A KANSAS LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: THE NORTHERLY 70 FEET OF LOTS A, B AND C, EXCEPT THE EASTERLY 39 INCHES OF LOT C, ALL OF WHICH PROPERTY IS SNUATE IN BLOCK 36 ]N THE CITY AND TOWNSITE OF ASPEN. COUNTY OF PrrKIN, STATE OF COLORADO. ATTACHMENT 2-LAND USE APPLICATION PROJECr: Name: 431/433 WES-r WAL.LAM Location: 43/ 1433 wes-r WALLAM ST 1 AS/6.0 (Indicate street address,lot & block number, legal description where appropriate) Parcel ID # (REQII[RED) 27 35 12 43 3001 APPUCANT: Name: -tip }4 4 ALL»,1 LLC. Address: -23*1\ Ce*IMVil.LE klte Wl LMI•;40-&411-5>2- Flae Phone #: REPRESENTATIVE: Name: 7206- H *7164 (--reCKS i -t>76»0 40*16125 Address: 730. -50 x 2315 8 C /13&,0 co 8/4 / 2. Phone #: 921- 8470 TYPE OF APPUCATION: (please check all that apply): GMQS Exemption O Conceptuat PUD O Temporary Use 1 GMQS Allotment £ Final PUD (& PUD Amendment) El TexUMap Amendment Special Review O Subdivision ¤ Conceptual SPA ESA - 8040 Greenline, Stream U Subdivision Exemption (includes U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review O Lot Split E| Small Lodge ConversiOW Expansion ~1 Residential Design Variance O Lot Line Adjustment U Other: O Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) ~ E >4 5 7-7,06- PO fl-EX -10 56 -DE'•106.1~4677 45 Wa-W 265<40,9067 Ca,treackg 4/0 PILE\4,8 1-Aery 05(7 Af//ovty. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Red %24'Slooqui 76 Ze 04*M,Jam. -24120.51, 47 VA•.1 *u ch -3*Equi q 1*•lis Lirr -Does 4,67 0*,4- AU-21 44£-GSS 4 7,1881*L. 1> 0,-s lillrwr w 1 Have you attached the following? FEES DUE: $ i 250 ,%42.1 64 64/>t +1005) ¤ Pre-Application Conference Summan, ¤ Attachment #1, Signed Fee Agreement [3 Response to Attachment #3, Dimensional Requirements Form U Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards D 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part ofthe application. I.,arge scale projects should include an electronic 3-D modeL Your pre-application conference summary will indicate if you must submit a 3-D modcl. 0000 111 Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property Phone No.: owner <17: D H Hallam, LLC Email: Address of 41!/433 WEIT NAU*,9 Billing Property: Address: 2711 Centerville Road, #300 (subject of (send bills here) Wilmington, DE 19808-1645 application) I understand that the City has adopted. via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. 1 understand that these flat fees are non-refundable. $ ,Al/~ flat fee for . $ Al ~k flat fee for $ At ~k flat fee for . $ A IN- natteefal For deposit cases only: The City and 1 understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. 1 understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, reviews and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy induding consequences for non-payment I agree to pay the following initial deposit amounts for the specified hours of staff time. l understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 3,250 deposit for 1 0 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $315 per hour. $ B ~k deposit for hours of Engineering Department staff time. Additid~nal tim~~ve the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner. , -- Chris Bendon Community Development Director Name: DH Hallarh/LLCX / _ By: Jo,dpbh I. WRIT, President Title: City Use: Fees Due: $_ 19=N~:1 1 ~ ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM project: 9-51 / 933 wagr NALL 4 wl Applicant: -t>8 14 41-L·A•*1 LLC- Location: 43 /433 WEST HALLAM 57 Zone District: 12.-/G Lot Size: 4,093 Lot Area: 4,0¥3 (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition ofLot Area in the Municipal Code.) Commercial net leasable: ai~ing: N l ·k proposea.· M ~A Number ofresidential units: Existing: Z Proposed: 1 + ·ADU Number ofbedrooms: Existing: 6 Proposed: 4 + ADU Proposed % of demolition (Historic properties only): Ai~& DIMENSIONS: 349a Floor Mea: Existing: 1,9111 Allowable: w/1'DIL Proposed: 39 85 w l71>n- Principal bldg. height: Existing: 12' rST Allowable: 25' Proposed: 15 Access.bldz. height Existing: N/A Allowable: 15' Proposed: 14' 4+ On-Site parking: Existing: \ Required: -LA ·00) Proposed: 1* AW % Site coverage: Existing: 31 59 Required: 5(1% Proposed: 31% %OpenSpace: Existing: N~A Required: N/A Proposed: A//Ar <c.A•og'Ch -litont Sebaac Existing: lo-%~.91- Required: loj15 Act Proposed: 10-who-9 91 7 Rear Setback: Existing: 37. Required: ID;5/5 Proposed: 10 /5 44"66- Con*Aned¥®. Existing: 4-2- Required: ANA Proposed: 20-\0 Side Setback: Existing: 4- 1 Required: 5 Proposed: 5 1- Side Setback: Existing: N/A Required: M jA Proposed: N / A Combined Sides: Existing: N~ A Reqwred-- N lA proposed= N lA Distance Between Existing bl~A Required: 5 Proposed: __5 Buildings Existing non-conformities or encroachments: EXIST/,VO- RES/Ceuc€ HAS Tft-1- 4 SiDE GE-78*OL .1.0-C-FOL»111-1 ES f ¥Ank,•06 NOW -C•'OP(,M.41 Variations requested: A/0 12Mt•Puff,nvAL 1/41-1 4-6,3 36*;VE572-p OT4 EYL -144,1, (15146€- Frzo./7 912784*k 9572- 'KES 7,3 10,0 yn>3 1 18 -1 . f re i P 1=101 ki Lid J i (-371 fLA-1~---1 320 0* N ./ I i i 4 ;i, 1.4-,U 0 7 f-ing Ni -1_31 L_.'if! 13=3(-11 4 r 4 i - 1. ii' 1 1 0 Ast 9 L - O i ai & 1 3, 4 S 61 IS Hib N ic fs 03 . I 0 £3 . S C r--1-- · 1 1.j : 1 0. 1 18 { 5 L.-1 if r f.7 1 t 11 r 4. Al-f -4 - J-7-14 t . r-rl - ----1 % t i r ? a L 11 L.11 . LL-1 1 F .- - 19 H.8 N 1 r50--1 /-1 ~-»--4 -1 I W MRANDS ST 19 8%8910 M Improvement Survey Plat The Northerly 70 Feet of Lots A, B curtd C, Except the Easterly 39 Inches of Lot C, All of FKhic h is Situa,te in Block 36 in the OTY OF ASPEN GPS MONUMENT NO. City and Townsite of Aspen, Pitkin County, Colorado 9 CITY OF ASPEN GPS MONUMENT NO. A- 20 56 194 9921 Legend ond Notes: '% ·L .. - O Indicates found monument ca described ...flf 59.1-'. .. -- .„'. indicates Spruce Tree WEST - €5 indicates Cottonwood Tree : -#.4 TREET - 9 indkates Water Service HALLAM S 8ACK OF - 7//2 3 ~-i*pbltl» -34 TI:\24-x.9- - CORB o ~·79%~ EleH 7903.34,--/ :11 9 1/» - 9 41- -M--tri - i ~ 1 13. 2 1171 3 44-14.Ouil d *40. -1 ~27 r-2 cfy-- N -- A.f V) i j x 790,3-80 L~~+fel /'70A 44__4-~ .gk \»O - Bearings are based upon a No. 5 rebar with a plastic cap LS.#9184 at the € r -21 1 60« northwesterly comer of scid Lot and a No. 5 Rebar 3 5.3' 144-7&-„ ti. irl--3 /bund at the northeoste* come/, using o bean>W of S7509'71'r between said b monuments. 4 i y / 12 C.& Upi / ~'~/~ , *t 190~-4 €1 790'- - The unit of measurement for this survey ts the U.S. Survey Foot. 790 - 149 f ~ 2~t€42*09=*~=zt 4--*'2~ -~ -«A ~ -1 42 REBAR - The vertical datum used in this survey is based upon NAV[ 88. GRAPHIC SCALE - The date that this survey was preformed was January 22, 2012. 40 - hes ore measured by the dameter at breast he@ht (Det) and the embdis scaled to the dr#, 11>le / / / \ - Said Parcel is entirely within 'Zone X: Area determined to be ouude of 500 year (IN PEET ) Flood Plain" per FEMA Flood Insurance Rate Map, Panel 203 of 325. 7,LOT AREA// * 1 inch = 10 ft - This survey does not represent a title search by this surveyor to determine ownership Concrete or to discover easements or other encumbrances of record. AN infon·nation pertaining to //627>3FY// ownership, easements or other encumbrances of record has been taken from a title Carport insurance commitment issued by Land Title Guarantee Company, dated October 24, 2012, * as Order Number 062004916 1/15%~ 90>»1 3/ - THIS PROPOERTY IS SUBICT TO ANY FACIS, RIGHTS. INTERESTE OR CLAIMS WilCH WAY EXIST OR ~'~ <~~~ t \ 01 \19 X 79046*-2_ ___.~43 7AWL SPACE INTEREST THAT MAY BE CLAIMED DUE TO ANY SAID DISCREPANCY.(PER SAD UnE COMMITMENT EXCEPTION | ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON iMPROVEMENT SUREY DA,ED AUGUST 01,2012 PREPARED BY ROCKY MOUNTAIN SUR'.EYING. JOB# 1254G ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OF FENCE UNES ALONG THE EASTERN BOUNDARY OF SUBJECT PROPERTY AND THE EFFECT OF ANY RIGHT nnE OR ENTRY~ x tonc ~ ~ ~ No. g) 927 4 + 2-24/ - - X 7904,04 7~.55/| ~ 42 7903.90 7,9 1-3 1 -1,0~ t. - 2-*.. /1 t 0 LJ / L..1 lat 1 1// 4 2 RCALDL)>p--·- ~0 ~ ~~ ~ DITCH j \ ri >I.:: 3#4%%g~LIT--pL---_ 1 ..>\ l·// / del Bultding Setbcck ::iMT<k~:%7 ./LMITITTZ,h~ No. 5 Rebar and-~. 1 1 U,0 .0--31»J- b i Cop megible \ 146»4433,70.:11 - 9/ \1 +154, > 1 -74-4 W~~%& / 09*#49 + at:%*ff / 2#61<#5/ / 86.75' 32543 Vicinity Map 1 "= 500' Lo ' I f 1 / Ah.·-~ 14.1,•·~ fl''L.· ~1·>a L / 36 / Vic / 5~40; 20. 4,=)a ..245.4251~.1/7;-a)~Ti,Vi,~1,~~ 4,111..~~}iii. t - -1 / j=493, i.:i·,- p.'.9 4-:#A#:~~AfallhAMI .949.14, \ .1.·222~:: monumented lond survey of the property corner monuments. both found and set, Surveyor's Certificote: 4 Je/*ey A//an Rutue. berhg a Profess/ona/ Land Survepor ,)7 me state of co/orado, do hereby -ertify thot this improvement survey was prepared from an actual . --7,4~(7: 52-*--·(-t·-re:,1. : p le>k-«- under my direct supervision and checking; that it is correct to the best of my 1 / belief and knowledge and that all 'dimensions, both linear and angular were determined by an accurate control survey in the field whtch balanced and closed - d / i I ii.,O/, 4,9 AB~t& .~M~iye#p#laili- 1.Tmt within a linlit of 1 in 15,000 (which complies with Colorado Professional standards for a land survey plat and the current accuracy standards for ALTA/ACSM Land Title Surveys): I further certify that the improvements on the above described parcel on / 1, 7 2,022;A@i »;Afl»2~ X)/=4 this date, January 22. 2013, except utifity connections, are entirely within the - Ti A.9 M~ .(~61=59497Ff/47 744£145-044*4$2 boundaries of the parcel except as shown. that there cre no encroachments upon the described premises by improvements on any adjoining premises except as indicated. and that there is no apparent evidence or sign of any easement crossing or burdening any port of sold parcel, except as noted. i' »., >~,-21¤ „.1.ni.r.4,4.4k·· 3-5·:4#4~ fm-t?kf« Jeffrey Alle. Tuttle L.S. 33638 Date ~r» ,/4 1 Notic*. TUTTLE SURVEYING SERVICES 431 and 433 West Hallam Drawn by: SRB 1/ According to Colorado talu. you m·ust commence w,z#v,==:....:~.fu. 727 Blake Avenue I'll discover sue' defect. .- 710 ./ent mly Glenwood Springs, Colorado 81601 A -- I,nprovelnent Surrueu Plat Date: 1/23/13 en' tegat oction 'ased upcm any de;ect in Aspen, Colorado 81611 this suricy / commenad more than ten 'cays (970) 928-9708 (FAX 947-9007) /oF 1 pom the date 4 the certification shown TUTTLE SURVEYING SERVICES hereen jeff@tss-us.com I I FOURTH STREET 70.00. HALLAM STRER ,JOUTH SIDE) 9% 4 3-*#37"/4:.44//1/.Fulsi I 1 :/, i 24,&11- " 417 , . ¢1'/ ?94. 4.4 ..,2 7 7\ ,~64... F- . " J :6 - --... t-J I I F ... S ;*E i kkile: . :4. I - 4 . Ia.1 . - - *.4 111 111,1 1 1=.* 1 9 - 4 1.-4 446;L...9-/1- 1 11 ' 1- imgw •27_ - --- .,-r,r- ./ -* .. -. i-- i c!' I ' 1 9 - . il 1! r- /* lili ' . 1 VS * - . ic,9 ...1 . 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MS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, 1 AFFECTINGALLLAGELE'SCALE' a Date: 1 11/7/2013 ~ I Scale: I AS NOTED 1 4 i RN 3 ELEVATION ~ Z A303 ~ Plotted On: 11/7/2013 ~ 3 ISBN IN¥-1 1VH 1SaM iSEM €£17 / L€17 NOIi¥2/0~Un¥ Rli~~ Bold lrGUI'SNO#lv~loadS 'O SON~V./ 35*01 S30?me AN¥ F:/OZONE 40/HALLAMmallam Garage Revision.pin ZONE ARCHITECTS L L C. P. O. BOX 2508 ASPEN CO 81612 VM/W.ZONE4ARCHITECTS.COM LU 0 Z E ------- ff-~1-filifi-[1111-1 -~ 1 1 I m e U) r C/) a G U.1 J 00 <0 I0 0 00@1111 1 1 J 0 Ul ar 1 1 nia==1 1 ~ IL==11 51 M 7roto* - 0 0 7 119 903 00'. 1 1 , 1 1 11 EAST ELEVATION - ORIGINAL DESIGN /-1 EAST ELEVATION - PROPOSED SCALE:174--10 917-=ru--r:/ - ~ Drawn by: ~ Z4A IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (17 E)~CTLY, THIS DRAWING WIU HAVE BEEN ENU.RGED OR REDUCED. AFFECTING ALL LABELED SCAUES [Die:-[117*2513 ~ Scale: ~ AS NOTED ~ RE ELEVATION A304 Plcned On: 11/7/2013 U--~ga~-|I~ W-a~~~~~~~~~~ovJ,Niumm-0aMio™op~AMOinl¥19MV-ml~¥~~19 31,5103DIO~¥~Nct on Si03il1l0W¥~aNOZ ,0,©SSI-11!1MUmyda~Ulnel{1~C*doo=mN~lwe~HmludolWdel,o~ 10¤B¥, 3,«,2.0....d....InnX,0...0.'ll//01,8/NI NDIS30 OWNOI14tilIiMII :T on,~~31.1/MV.,NOZ '1~ VH 1SBAA Noil~~o,UN,a. uo,~dine,u~.Noil¥OWIOadS~OSDN~ ~0 mO1./~HO ANV NomiA.mNOd.. -ml~SI¢1O3~HO»¥~3. um.im .. ARCHITECTS L LC. P. O. 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AFFECTING ALL LABELED SCALES [Date:TimiEr-1 ~ Scale: ~ AS NOTED ~ R ROOF PLANS A202 Plotted On: 11/7/2013 1 ¥H 193AA £¥21¥0•urwN,U.w•yon,d - HOI1¥Old!03dS UO Gerlk·A¥~C 3*9~U 019*~le AN¥ BO,2•,u A~i¥ aimsr,Ods'w ~0 21-1 ioN SI S~:,*-De¥ i ai,oz F:~00 ZONE «]0 HALLAM\Hallarn Garage Revi=n/In .1 1 1//," ...la / 21 DEC 201.5 Y'v' 1 1 , 9 -~A ...2 alena St - 3rd Floor 0..Al¢44 1~ 10 81611 ...ig//1/W 330 WEST BLEEKER STREET LLC PO BOX 2028 ASPEN, C¢ 81612 Eft fi 4 8 l A 1 Z RE 7 u R & Tv 32 N DEA UNABLE TO NO.RWARD 31: (1511199259 =197 9-00429-2 1-3 8 9' :1.11. 11 u__1?1-1:tti ----i: - ---92=131 -M -- ---. I D . - R . - 10 81611 32*· P 8.17 . DOUBLE D CONDO ASSOC 300 W BLEEKER ST 0 f ASPEN, CO 81611 11 iA-Z am -20/ 0 %3 ai f al C -i_ 4 RETURN TO SENDER ATTFMPTED - NOT g-NOWN 3:NABLE TO COPWARD 14 4/ 4 - 43 2 4 43 9 - 2 1 - < 25 SL: Elt>1119 0 253 B i s k Li 11*L 902 Salena St - 3 27--mm'' WIE. - rd Floor 71 DEC 201.3 PM 1 1- M"~ p#- CO 81611 li A - '*cc- - ,9 1 FOREVER 140/2 -1 ©74 STILWELL REED & CLAIRE 00 -1 191 UNIVERSITY BLVD #714 v* DENVER, CO 80206 N I XI E 807 72 1009 3312/27/13 a e -3 , 5 R.3 .=Alnes A - , I. -2 . r.:/ Il :/ NOT DELIVERABxE AS ADDRESSED . U N Ad L z 10 FURN.MD ECY 31611190230 *19 -00388-21-33 Im*21 4 - -- W f#r*VIAE*04 N ,) z iiI-1-11111'111---.PHON.1.:i:.1111:1,2..1.,1-11....1!.:1!.111 ty'·_t £;21&•%11 01'90 2 idiz"' 213--1-1<"---1-1- i -11111--111111-11-1111'1--1111-1--iii-7 4 r= ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 41\/ 411 ¥1€W •1*L *-4 , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 4,09 9*41 7 , 20ll STATE OF COLORADO ) ) SS. County of Pitkin ) 1, -C>74*0 4-W,J.f (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an 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 hereto. 1~ Posting of notice: By posting o f notice, which form was obtained from the 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 ZO day of -Di~*BL, 201_1 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. ~ Mailing ofnotice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) ofthe 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 all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records ofPitkin County as they appeared no more than 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, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 455~ natu~ l, The foregoing "Affidavit of Notice" was acknowledged before me this 2:*day of 'A!66,W10*0 , 204*, by D~j(19*4 -36U,•45 MATTHEW MOSCHET ' WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBUC STATE OF COLORADO My commissiow expires:, 02/lu laall{ MY COMMISSION EXPIRES 02-18-2014 .-. Noraf,41*tE ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 41I Easy Peel® Labels 1 A Bend along line to i ~ AVERY® 5160® £ Use Avery® Template 5160® 1 Feed Paper expose Pop-up Edge™ 1 A 318 FOURTH STREET LTD 330 WEST BLEEKER STREET LLC 501 WEST HALLAM LLC 1 C/O GULF & BASCO PO BOX 2028 PO BOX 3389 PO BOX 445 ASPEN, CO 81612 VAIL, CO 81658 ' HOUSTON, TX 77001 BAILEY RYAN TANNER MCKENZIE TRST ASPEN DRAGONFLY PARTNERS 11 LLC ASPEN RETINA SURGEONS LLC 50% 405 PARK AVE 6TH FL 5014 WOODHURST LN BAKER & HOSTETLER LLP NEW YORK, NY 10022 MINNETONKA, MN 55345 303 E 17TH AVE #1100 DENVER, CO 80203 CITY OF ASPEN BLAICH ROBERT I TRUST BLOCKER LAURA G ATTN FINANCE DEPT 319 N FOURTH ST PO BOX 9213 130 S GALENA ST ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 COLLETT JOHN & VIRGINIA C DAHL W ROBERT & LESLIE A - DOUBLE D CONDO ASSOC 1111 METROPOLITAN AVE #700 83 PECKSLAND RD 300 W BLEEKER ST CHARLOTTE, NC 28204 GREENWICH, CT 06831 ASPEN, CO 81611 DRATCH KATE TYCHER 2012 TRUST EGGLESTON ROBERT H JR & TRACY H FISCHER SISTIE ROSELAND PROPERTY CO / BARBARA 434 W HALL-AM 442 W BLEEKER MASCERA ASPEN, CO 81611 ASPEN, CO 81611 233 CANOE BROOK RD SHORT HILLS, NJ 07078 GALLANT MARILYN J REV TRUST GLENN SALLY RAE HENRY KRISTEN 309 N THIRD ST 504 W HALLAM AVE 525 W HALLAM ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611-1246 HILLMAN TATNALL L REV TRUST HUDGENS ROBYN JANSS MARY TRUST 504 W BLEEKER ST 401 W BLEEKER ST 403 W HALLAM ASPEN, CO 81611 ASPEN, CO 816111225 ASPEN, CO 81611 JOSEPH RUSSELL C & ELISE E KAPLAN DAVID P & MARCIA PRESS KEEFE PATRICIA A & DAVID B 111 3257 INWOOD DR 9100 BURNING TREE RD 3435 BELLCARO DR HOUSTON, TX 77019 BETHESDA, MD 20817 DENVER, CO 80209 KEY R BRILL & ELIZABETH R KOUTSOUBOS TED A LEVINE THEODORE A TRUST 715 W MAIN #304 430 E HYMAN AVE #PH 425 E 58TH ST #25H ASPEN, CO 81611 ASPEN, CO 81611 NEW YORK, NY 10022 MACDONALD BETTE S TRUST MAGGOS LAURA P NAMADA PARTNERS GP 15 BLACKMER RD 317 NORTH 4TH ST 780 THIRD AVE, 22ND FL ENGLEWOOD, CO 80110 ASPEN, CO 81611 NEW YORK, NY 10017 41I , 7 Easy Peel® Labels A Bend along line to 5 Use Avery® Template 5160® 1 Feed Paper expose Pop-up Edge™ ~ ~ AVERY® 5160® | A NATIONWIDE THEATRES CORP NEISSER JUDITH E QPRT - SEAL MARK 120 N ROBERTSON BLVD 132 E DELWARE PL #6201 PO BOX 9213 LOS ANGELES, CA 90048 CHICAGO, IL 606111428 ASPEN, CO 81612 SHELBY LLC SHAFROTH ASPEN HOUSE LLC SIRKIN ALICIA C/O LUCY DIKEOU 3367 SUNSHINE CANYON DR 3500 N BAY HOMES DR 1201 WILLIAMS ST#6 BOULDER, CO 80302 MIAMI, FL 331336814 DENVER, CO 80218 STILWELL REED & CLAIRE SWANSON LUCIA TRUST TEAGUE LEWIS TRUST 191 UNIVERSITY BLVD #714 425 E 58TH ST #25H 862 N BEVERLY GLEN BLVD DENVER, CO 80206 NEW YORK, NY 10022 LOS ANGELES, CA 90077 TYCHER DANA 2012 TRUST VES TRUST 50% ROSELAND PROPERTY CO / BARBARA SWEENEY JOHN F TRUST 50% MASCERA 1260 IVANHOE ST 233 CANOE BROOK RD DENVER, CO 80220 SHORT HILLS, NJ 07078 - -7~,Ini~*' £ 0, g i¥ 41.4..8... 6**12 1 . . -*31"£64 ZAil 1 :9-: -9644·, jil%*~F-400 '16, ..V#*PR) ...40/%.* R ' te,5.7,4 t. 4 . .1. , . OVMST ./A'/54 .-f' 4 {bid ..:92 4 3,4/&4 YibLY :264% h F®k ' 0 ... -- f --.!*.6-41 4 , .' kiKE i. -·40- 0•*4 -0 ..Nif 2-6 ..00¥'ij-Ly· 4 - 1 4- -X.,2 : .: '9 -- 1.- . - ty! 1 - · -f t 46.- 24"-6-A : - q- f-1 i ~ i. I . 11 . - 6. 42-4 - E r - 3% '' 1, ~7 i fl £ 11/1 - . , 1 "u 7, '. . 14:; t~¥*. b '3.? 3,1 . ¥ .. . . .*. 7,243.-2 » - 4·, .- #1*-•r;. ..a ... t..39-.*(30+4* r 44' 7. .·ls 9 44 -I . - Ar t. .©e ..4 - Tb 10 ~ . I.-a . ' · e. 1.11 . ·· --2/.„e - · - ,i 22 132-3 J 518;~. .. 4.; -I.V%'G' 1... , ,-4 ..7 1 .' .1.87 #44:- I /5 e - m¢ . 4 ~11110£1-~L- AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 43 L /4 3 3 kij t-174 u.-Ait I , Aspen, CO SCHEDULED PUBLIC HEARING DATE: t\--7-nA/01/9-29 ·-9- , 2013 STATE OF COLORADO ) ) SS. County of Pitkin ) I, (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ~ Publication of notice: By the publication in the legal notice section of an 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 hereto. Posting of notice: By posting of notice, which form was obtained from the 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 on the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, 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 all owners o f property within three hundred (300) feet o f 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 than sixty (60) days prior to the date of the public hearing. A copy of the owners and goverilmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) <*f J Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. 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, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ~420#vtilt A /9 .\~44-2 LL> 4-LI' ahe 111 The foregoing "Affidavit of Notice" was acknowledged before me this 70 day of DEAF*1622- , 20 /4, by 1 77926)l,/22·9£) ·4. AASA-6/90/4 . WITNESS MY HAND AND OFFICIAL SEAL My commission expires: -4ls.~ Ilt' KWA AA- 4%,h*5h~ Notary Public , , ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION . • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 m knownas 431/433 W. Hallam S-t'anG le,~Ily described as the northerly 70 feet of Lots A, 8 and C, except the easterly 39 inches of Lot C, all of which property is situate in Block 36. City and Townsite 01 Aspen. Applicant seeks to develop a new single family residence, with a garage place- ment and door desion that does not meet the Resi dential Design btandards of subsection 26.410.030(C)(2) In order to gain approval for the garage proposal, Applicant seeks approval from the Planning and Zoning Commission for Variances from the Resi- dential Design Standards requiring the garage to be at least ten feet further from the street than the front wall of the building and for the garage doors to appear as single stall doors. For further informa- tion, contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Ga- lena St. Aspen, CO, (970) 920.5090 Jennifer. Phelan @cityofaspen.com. S/U Erspamer, Chair 4-pen Planning and Zoning Commission Publish in The Aspen Times Weekly on December 19 2013 [98006Ail J. DuBois U.S. Department of Justice, Environment and Nat Number (303) 844-1375 Fax Number:(303) 844-1350 APP OFADMINISTRATIVE PROTOCOL FOR GREEN M( APPLICATION is filed pursuant to C.R.S. §37-92-302(1)(a the holding of Soulhern Ute hlian Tribe r King Consoliok 111 of the Green Mountain ReservoirAdministrative Protoco are consistent with the "Blue River Decree" being the Findi and 5017 and the Findings of Fact Conclusions of Law and October 12,1955 by the l Inited States District Court Distric and decrees in said cases (collectively the ··Consolidated C concurrently seek a similar determination from the Federal and addresses ofApplicants: United States ofAmerica ("Un CO 80537-9711; City and County of Denver acting by and CO 80204: City ofColorado Springs acting through its entei 1103 Mail Code 930 Colorado Springs CO 80947-0930: C Street Suite 200 PO Box 1120 Glenwood Springs CO 816 Manager 220 Water Avenue Benhoud C{) 80513 (970) 532 CO 80446 (970) 887-3377: Grand Valley Water Users Asso 5065; Grand Valley Irrigation Company Attn: Phil Bertrand Irrigation District Attn Max Schmidt, Manager 668 38 Ro Palisade CO 81526 (970) 464-4700, Climax Molybdienum I Romig 303-569-3221 ext. 1204. rhe United States. Denver Colorado Water Consenancy District. Middle Park Water Company, Orchard Mesa Irrigation District, and Patisade 1 PUBUC NOTICE L - RE: 431/433 W. HALLAM STREET 1. RESIDENTIAL DESIGN STANDARDS VARIANCES NOTICE IS HEREBY GIVEN that a public hearing willbehetdon Tuesday, January 7,2014, ata meeting to beqjn at 4:30 p.m. before the Aspen Planning and zoning Commission, in the Sister Cjties meeting room, City Hall, 130 S. Galena Street, Aspen, CO. to review the proposal submit- , ted by DH Hallam LLC„ 2711 Centerville Rd. adili'#so~~7~W+733 iand 92(ZW33D decree. 43 The Term the Tenmile Diversion Bitch No. I and the Tenmile Diversion D £ Court in Civil Action 1710. On Juty 24,1945, the Summit Cou ;ion of a portion of the water rights for the lenmike Diversion ] Failings Riser Line, described below: Headgate No. 1 Tailings 1 ·kth 3 1 °27' East Distance 567.8 feet. Headgate No. 2 Tailings I Ah 17°08' East Distance 804.5 feet Headgate No. 3 Tailings 1 3 17°21' West Distance 1275.2 feet. Headgate No. 4 Tailings Ris 11 25°49' West Distance 1502.8 feet. Hept=te No. 5 Tailings Ris ~71°10'West Distance ' 1066.1 feet. Headgate No. 6 -famngs Rb ';th 65°31 ' West Distance l 592.8 feet 4.3.1 The Tenmite Diver • ··-.1......n,ind fl- r ' -* -,+..~ the line of the lenmil Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title GUARANTEE COMPANY WWW.,TGC.COM Date: 11-26-2013 Our Order Number: QPR62005691 Property Address: 431 W HALLAM ST ASPEN, CO 81611 If you have any inquiries or require further assistance, please contact one of the numbers below: For Closing Assistance: For Title Assistance: Kristen Favro Aspen Title "QPR" Unit 533 E HOPKINS #102 Kurt Beereboom ASPEN, CO 81611 533 E HOPKINS #102 Phone: 970 925 1678 ASPEN, CO 81611 Fax: 800-318-8202 Phone: 970-925 1678 EMail: kfavro@ltgc.com Fax: 970-925-6243 EMail: kbeereboom@ltgc.com DH HALLAM LLC GABRIEL SHABAT 2711 CENTERVILLE RD # 400 Attn: GABRIEL SHABAT WILMINGTON, DE 19808 Phone: 847-647-5524 Attn: DH HALLAM LLC Copies: 1 EMail: gshabat@lakeshoremhc.com Sent Via EMail LAND TITLE GUARANTEE COMPANY PROPERTY REPORT Our Order No. QPR62005691 Cust. Ref: This Report is based on a limited search of the county real property records and provides the name(s) of the vested owner(s), the legal description, tax information (taken from information provided by the county treasurer on its website) and encumbrances, which, for the purposes of this report, means deed of trust and mortgages, and liens recorded against the property and the owner(s) in the records of the clerk and recorder for the county in which the subject property is located. This Report does not constitute any form of warranty or guarantee of title or title insurance. The liability of Land Title Guarantee Company is strictly limited to (1) the recipient of the Report, and no other person, and (2) the amount paid for the Report. Prepared For: This Report is dated: November 20, 2013 at 5:00 P.M. Address: 431 W HALLAM ST ASPEN, CO 81611 Legal Description: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Record Owner: DH HALLAM LLC, A DELAWARE LIMITED LIABILITY COMPANY We find the following documents of record affecting subject property: 1. WARRANTY DEED RECORDED DECEMBER 28, 2012 UNDER RECEPTION NO. 595506. DEED OF TRUST 2. DEED OF TRUST DATED DECEMBER 17, 2012, FROM DH HALLAM LLC, A DELAWARE LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF THE NORTHERN TRUST COMPANY TO SECURE TIIE SUM OF $1,000,000.00 RECORDED DECEMBER 28, 2012, UNDER RECEPTION NO. 595507. Our Order No: QPR62005691 LEGAL DESCRIPTION THE NORTHERLY 70 FEET OF LOTS A, B AND C, EXCEPT THE EASTERLY 39 INCHES OF LOT C, ALL OF WHICH PROPERTY IS SITUATE IN BLOCK 36 IN THE CITY AND TOWNSITE OF ASPEN. TOGETHER WITH AN EASEMENT TEN FEET IN WIDTH ACROSS THE SOUTHERLY 30 FEET OF SAID LOTS FOR INSTALLATION AND MAINTENANCE OF GENERAIj UTILITIES. COUNTY OF PITKIN, STATE OF COLORADO. PROPERTY REPORT Our Order No. QPR62005691 Documents of Record: BANKRUPTCIES, JUDGMENTS AND TAX LIENS NONE ***************** PROPERTY TAX INFORMATION ********************** PARCEL NO.: 273512433001 2013 LAND ASSESSED VALUE $199,000 2013 IMPROVEMENTS ASSESSED VALUE $3,980.00 2012 REAL PROPERTY TAXES PAID IN THE AMOUNT OF $9,642.24 ****************************************************************