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HomeMy WebLinkAboutagenda.apz.202201181 AGENDA ASPEN PLANNING & ZONING COMMISSION January 18, 2022 4:30 PM, WebEx Virtual Meeting (See agenda packet for instructions to join the meeting) NOTICE! PACKET REPUBLISHED ON 1/14/2022 AT 1:55 PM TO INCLUDE EXHIBIT B - APPLICATION FOR THE 401 W BLEEKER ST HEARING I.VIRTUAL MEETING INSTRUCTIONS TO JOIN ONLINE: Go to www.webex.com and click on "Join a Meeting" Enter Meeting Number: 2558 796 9741 Enter Password: 81611 Click "Join Meeting" -- OR -- JOIN BY PHONE Call: 1-408-418-9388 Enter Meeting Number: 2558 796 9741 Enter Password: 81611 II.ROLL CALL III.COMMENTS IV.MINUTES None V.DECLARATION OF CONFLICT OF INTEREST VI.PUBLIC HEARINGS VI.A.401 W. Bleeker St - Special Review for Replacement of a Non-Conforming Structure - Resolution #02, Series of 2022 401 W. Bleeker_Memo v2.pdf 401 W. Bleeker_Resolution No. 02, Series of 2022.pdf Exhibit A_Staff Findings_401 W. Bleeker.pdf 401 W Bleeker_Exhibit B_Application.pdf VI.B.905 W North St -- Special Review and Variance Application 1 2 Memo 905 W North St_Special Review.docx P&Z Resolution No. ____ Series 2022_905 W North St.docx Exhibit A - 905 W North Special Review Criteria.docx Exhibit B - 905 W North Variance Criteria.docx Exhibit C - 905 W North Application.pdf OTHER BUSINESS None VII.ADJOURN TYPICAL PROCEEDING FORMAT FOR ALL PUBLIC HEARINGS 1) Conflicts of Interest (handled at beginning of agenda) 2) Provide proof of legal notice (affidavit of notice for PH) 3) Staff presentation 4) Board questions and clarifications of staff 5) Applicant presentation 6) Board questions and clarifications of applicant 7) Public comments 8) Board questions and clarifications relating to public comments 9) Close public comment portion of bearing 10) Staff rebuttal/clarification of evidence presented by applicant and public comment 11) Applicant rebuttal/clarification End of fact finding. Deliberation by the commission commences. No further interaction between commission and staff, applicant or public 12) Chairperson identified the issues to be discussed among commissioners. 13) Discussion between commissioners* 14) Motion* *Make sure the discussion and motion includes what criteria are met or not met Revised January 9, 2021 2 Page | 1 MEMORANDUM TO: Aspen Planning & Zoning Commission FROM: Kevin Rayes, Planner II THRU: Amy Simon, Planning Director MEMO DATE: December 14, 2022 MEETING DATE: December 18, 2022 RE: 401 W. Bleeker Street: Special Review for replacement of a non-conforming structure, PUBLIC HEARING Applicant: 401 W. Bleeker LLC, 777 Brickell Ave., 10th Floor, Miami, FL 33131 Representative: Alan Richman, Alan Richman Planning Services Inc. P.O. Box 3613 Aspen, CO 81612 Location: 401 W. Bleeker Street Current Zoning Medium-Density Residential (R- 6) Summary: The applicant plans an interior and exterior remodel of an existing single-family dwelling and requests Special Review approval to allow work to occur on a portion of the home which encroaches into the combined side yard setback. STAFF RECOMMENDATION: Staff recommends the Planning & Zoning Commission approve the request. The proposed scope of work meets the Special Review criteria in that it arguably reduces the mass of the structure where it sits in the required setback. Figure 2: Front of Dwelling Looking South Figure 3: Side of Dwelling Looking West Figure 1: 401 W. Bleeker Property Location 401 3 Page | 2 REQUEST OF THE PLANNING AND ZONING COMMISSION: The applicant is requesting the following land use approval: • Special Review (Pursuant to Land Use Code Section 26.430.040.B): The applicant is requesting Special Review to remodel an existing non-conforming structure where it currently encroaches into a portion of the combined side yard setback. The Planning and Zoning Commission is the final review authority. SUMMARY AND BACKGROUND: The subject property is located within the Medium-Density Residential (R-6) zone district and is improved with a single-family dwelling. The lot area measures 7,500 sq. ft. and requires a combined side yard setback of 22-ft. 6 inches, with a minimum of 5-ft. on each side. The original dwelling was constructed circa 1988 and was expanded around 1994. The building footprint that resulted from the expansion complied with all setback requirements, including the combined side yard setback, a standard that was added to the land use code around the time of the ’94 remodel. Based on representations in a building permit, it appears the standard was found to be met at the time by making staggered measurements along the sides of the property that correlated with the contours of the dwelling (Figure 4). A code amendment since that time clarified that for combined side yards uniform setback lines are measured from the front of the property to the rear to create a continuous setback “corridor,” the perceived original intent of the concept. Staggered measurements are prohibited. Figure 5 illustrates how current code is applied. A portion of the dwelling that previously complied with the staggered setbacks now encroaches into the linear setbacks. This area is located along the west side of the structure. The dwelling is now considered a legally established, non-conforming structure. The applicant plans to comprehensively remodel the dwelling and requests approval for Special Review for some of that work to affect the portion of the home that encroaches into the combined side yard setback. Figure 5: Combined Side Yard Setback Measured with Linear Delineation Figure 4: Combined Side Yard Setback Measured with a Staggered Delineation Key Dwelling encroaching into setback 4 Page | 3 DISCUSSION & STAFF FINDINGS Staff supports the request for approval of Special Review to remodel the legally non-conforming portion of the dwelling that encroaches into the combined side yard setback. No dimensional variations will be increased from this work. Conversely, as represented in Figure 6 and Figure 7, the massing associated with the existing encroachment will be reduced through the elimination of a cross-gable roof that provides livable space on a third floor level. The remodel will bring the property more into compliance with current code compared to what exists today. Lastly, while the scope of work represented in the application affects a number of areas of the home and includes new basement space, the existing building will not be considered to be demolished (removal of more than 40% of the exterior surface of the structure), which is typically the trigger that staff uses to determine if existing non-conforming structures should come fully into compliance. RECOMMENDATION: Staff recommends approval of the request for Special Review, subject to the conditions listed in the Resolution. PROPOSED MOTION: “I move to approve Resolution #02, Series of 2022 for Special Review to allow for the replacement of a portion of a legally established, non-conforming structure at 401 W. Bleeker, subject to the conditions listed in the Resolution. FINANCIAL IMPACTS: N/A ENVIRONMENTAL IMPACTS: N/A ATTACHMENTS: Exhibit A | Staff Findings Exhibit B | Application Figure 6: Existing Dwelling | The red area depicts the portion of the home encroaching into the combined side yard setback Figure 7: Proposed Design | The red area depicts the portion of the home encroaching into the combined side yard setback 5 P&Z Resolution #0 2 , Series of 202 2 Page 1 of 3 RESOLUTION #02 (SERIES OF 202 2 ) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING SPECIAL REVIEW FOR THE REPLACEMENT OF A PORTION OF A NONCONFORMING STRUCTURE FOR THE PROPERTY COMMONLY KNOWN AS 401 WEST BLEEKER STREET, LEGALLY DESCRIBED AS LOTS H AND I, AND THE EASTERLY ONE HALF OF LOT G, BLOCK 37, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO Parcel ID: 2735 -124-42-003 WHEREAS, the Community Development department received a n application from 401 W. Bleeker LLC, requesting approval for Special Review to replace a portion of a nonconforming structure for the property located at 401 W. Bleeker Street; and, WHEREAS, the Community Development department Staff reviewed the appli cation for compliance with the applicable review standards; and, WHEREAS, upon review of the application and the applicable Land Use Code standards, the Community Development Director recommended approval for Special Review to replace a portion of an ex isting nonconforming structure ; and, WHEREAS, the City of Aspen Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, reviewed and considered the recommendation of the Community Development Director and took and considered public comment at a duly noticed public hearing on January 18 th, 2022; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets the applicable review criteria and that approval of the req uest is consistent with the goals and objectives of the Land Use Code; 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, and, WHEREAS, the City of Aspen Planning and Zoning Commission approves Resolution #02, Series of 202 2 , by a X to X (X-X) vote, granting approval for Special Review to replace a portion of a nonconforming structure as identified herein. 6 P&Z Resolution #0 2 , Series of 202 2 Page 2 of 3 NOW, THEREFORE BE IT RESOLVED , THE ASPEN PLANNING & ZONING COMMISSION RECOMMENDS THE FOLLOWING: Section 1: Special Review Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves the request for Special Review to replace a portion of the existing nonconforming structure located along the western façade of the dwelling, subject to the following conditions: 1. The scope of work associated with this approval shall not trigger demol ition pursuant to Title 26 of the Land Use Code. If demolition is triggered, the nonconformity shall come into compliance with underlying zoning, or the project shall be subject to further review by the Planning & Zoning Commission. 2. The mass of the noncon formity shall be reduced as represented in the application. Any subsequent amendments or changes that increase the nonconformity, including but not limited to height, Net Livable Area , or building footprint shall be subject to further review from the Planning & Zoning Commission. Section 2: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documenta tion presented before the Planning and Zoning Commission, are hereby incorporated in such site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: Existing Litigation 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 conclude d under such prior ordinances. Section 4: Severability 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. 7 P&Z Resolution #0 2 , Series of 202 2 Page 3 of 3 APPROVED by the Commission at its meeting on January 18, 2022 . APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: _________________________________ ________________________ Katharine Johnson, Assistant City Attorney Teraissa McGovern , Chair ATTEST: ____________________________ Cindy Klob, Records Manager 8 Exhibit A Special Review | Staff Findings 1 Land Use Code Section 26.430.040.B.3, Special Review No development subject to special review shall be permitted unless the Planning and Zoning Commission makes a determination that the proposed development complies with all standards and requirements set forth below.: a) Dimensional requirements. Whenever the dimensional requirements of a proposed development are subject to special review, the development application shall only be approved if the following conditions are met. 1. The mass, height, density, configuration, amount of open space, landscaping and setbac ks of the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the underlying zone district . Staff Findings: Roof and plate height will be lowered along several areas of the existing dwelling, including the portion of the home that encroaches into the combined side yard setback. Lowering the height of the encroaching mass reduces the non-conformity and brings the property closer to compliance. Staff has included a condition of approval requiring the nonconformity to be reduced as represented in the application. Any subsequent amendments or changes that increase the nonconformity, including but not limited to height, Net Livable Area, or building footprint shall be subject to further review from the Planning & Zoning Commission. Staff finds this criterion to be met. 2. The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts, including but not limited to the effects of shading, excess traffic, availability of parking in the neighborhood or blocking of a designated view plane. Staff Findings: The application represents a reduction to the roof and plate height in various areas of the home. Specifically, the encroaching portion of the dwelling will be reduced by several feet. By lowering these heights, surrounding properties will benefit from a s tructure that incorporates less mass. Shading will improve from these changes. Staff does not anticipate impacts to traffic or availability of parking by granting this request. Staff finds this criterion to be met. b) Replacement of nonconforming structures. Whenever a structure or portion thereof, which does not conform to the dimensional requirements of the zone district in which the property is located is proposed to be replaced after demolition, the following criteria shall be met: (1) The proposed development shall comply with the conditions of Subsection 26.430.040(a) above; (2) The are existing special characteristic s unique to the property which differentiate the property from other properties located in the same zone district; 9 Exhibit A Special Review | Staff Findings 2 (3) No dimensional variations are increased, and the replacement structure represents the minimum variance that will make possible the reasonable use of the property; and (4) Literal enforcement of the dimensional provisions of the zone district would cause unnecessary hardship upon the owner by prohibiting reasonable use of the property. Staff Findings: The existing non-conforming nature of this property was a result of changes to the land use code and the methodology used to measure the combined side yard dimensional standard. It’s important to note that land use codes are amended from time to time. As c odes evolve, improvements that complied with the code in the past may be considered non-conforming in the future. The history that led this dwelling to be considered a legally established non-conformity is not unique or special. However, no dimensional variations will be increased from this work, and because the massing associated with existing encroachments will be reduced, staff finds that the property will come further into compliance with the code compared to what exists today. Lastly, staff believes that by requiring the dwelling to come into compliance with current code, an unnecessary hardship may encumber the property. The scope of work represented in the application does not reach the threshold of demolition, which is typically the trigger that staff uses to determine if existing non-conformities should come into compliance. Staff finds this criterion to be met. 10 Exhibit B- Applicatoin 11 Exhibit B- Applicatoin 12 Exhibit B- Applicatoin 13 Exhibit B- Applicatoin 14 Exhibit B- Applicatoin 15 Exhibit B- Applicatoin 16 Exhibit B- Applicatoin 17 Exhibit B- Applicatoin 18 Exhibit B- Applicatoin 19 Exhibit B- Applicatoin 20 Exhibit B- Applicatoin 21 Exhibit B- Applicatoin 22 Exhibit B- Applicatoin 23 Exhibit B- Applicatoin 24 Exhibit B- Applicatoin 25 Exhibit B- Applicatoin 26 Exhibit B- Applicatoin 27 Exhibit B- Applicatoin 28 Exhibit B- Applicatoin 29 Exhibit B- Applicatoin 30 4,514 752.3 Legend 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet0752.3376.17 Notes 401 W. Bleeker Vicinity Map THIS MAP IS FOR INFORMATIONAL PURPOSES. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content represented. Map Created on 2:31 PM 10/05/21 at http://www.pitkinmapsandmore.com State Highway Road Centerline 4K Primary Road Secondary Road Service Road Rivers and Creeks Continuous Intermittent River, Lake or Pond Town Boundary Federal Land Boundary BLM State of Colorado USFS Exhibit B- Applicatoin 31 ISSUE FORTHIS DRAWING IS THE PROPERTY OF GALAMBOS ARCHITECTS INC. ALL WRITTEN AND DRAWN INFORMATION APPEARING HEREIN SHALL NOT BE DUPLICATED, DISCLOSED OR OTHERWISE USED WITHOUT THE WRITTEN CONCENT OF GALAMBOS ARCHITECTS INC C COPYRIGHT 2012G A L A M B O SARCHITECTS, INC.314 D AABCASPEN, CO 81611(970) 429-1286DATEDRAWINGDATEPROJECT10/21/2021 10:27:35 AM401 W BLEEKER401 W BLEEKER ASPEN,COA-001PROPOSED / EXISTINGPERSPECTIVES WITHSETBACKS06/14/2021401 W BLEEKERSCALE1PROPOSED HOUSE WITHIN COMBINED SIDEYARD SETBACK SOUTHSCALE2EXISTING HOUSE WITHIN COMBINED SIDEYARD SETBACK SOUTHEXISTING HOUSE BUILTWITHIN COMBINED SIDE YARDSETBACKPROPOSED HOUSE BUILTWITHIN COMBINED SIDE YARDSETBACK COMBINED SIDE YARDSETBACK COMBINED SIDE YARDSETBACKLand Use Submittal10.21.2021Exhibit B- Applicatoin 32 ISSUE FORTHIS DRAWING IS THE PROPERTY OF GALAMBOS ARCHITECTS INC. ALL WRITTEN AND DRAWN INFORMATION APPEARING HEREIN SHALL NOT BE DUPLICATED, DISCLOSED OR OTHERWISE USED WITHOUT THE WRITTEN CONCENT OF GALAMBOS ARCHITECTS INC C COPYRIGHT 2012G A L A M B O SARCHITECTS, INC.314 D AABCASPEN, CO 81611(970) 429-1286DATEDRAWINGDATEPROJECT10/21/2021 10:27:52 AM401 W BLEEKER401 W BLEEKER ASPEN,COA-002PROPOSED / EXISTINGPERSPECTIVES WITHSETBACKS06/14/2021401 W BLEEKERSCALE1PROPOSED HOUSE WITHIN COMBINED SIDEYARD SETBACK NORTHSCALE2EXISTING HOUSE WITHIN COMBINED SIDEYARD SETBACK NORTHEXISTING HOUSE BUILT WITHINCOMBINED SIDE YARD SETBACKCOMBINED SIDE YARD SETBACKEXISTING HOUSE BUILT WITHINCOMBINED SIDE YARD SETBACKCOMBINED SIDE YARD SETBACKLand Use Submittal10.21.2021Exhibit B- Applicatoin 33 PROPERTY LINEFRONT YARDSETBACKSTAGGEREDSIDE YARDSETBACK(COMBINED22'-6")STAGGERED SIDEYARD SETBACK(COMBINED22'-6")5'-0"10'-0"REAR YARDSETBACK10'-0"PROPERTY LINET.O. F.F. =+7909.4EXISTING DECKROOF BELOWLOT H AND I AND1/2 OF LOT G7500 SQ.FT.ALL EXISTING TREESTO REMAINEXISTINGHOUSESTAGGEREDSIDE YARDSETBACK(COMBINED22'-6")STAGGERED SIDEYARD SETBACK(COMBINED 22'-6")5'-0"EXISTING LIGHTWELLBELOWEXISTINGFRONT PORCH17'-6"13'-0"9'-6"GARAGEEXISTING MECH.SHED790779087909791079097910EXISTING DECKWEST BLEEKER STREETTHIRD STREETALLEY BLOCK 377911A28'-5 3/8"A31'-11 5/8"TOTAL A = 28'-5 3/8" + 31'-11 5/8"= 60'-5"B9'-10 5/8"B24'-3 3/8"TOTAL B = 24'-3 3/8" + 9'-10 5/8" =34'-2"C5'-1 3/8"C31'-11 5/8"TOTAL C = 5'-1 3/8" + 31'-11 5/8"= 37'-1"D46'-6 5/8"TOTAL D = 5'-1 3/8" + 46'-6 5/8"= 51'-8"D5'-1 3/8"PROPERTY LINEPROPERTY LINE2A-003ISSUE FORTHIS DRAWING IS THE PROPERTY OF GALAMBOS ARCHITECTS INC. ALL WRITTEN AND DRAWN INFORMATION APPEARING HEREIN SHALL NOT BE DUPLICATED, DISCLOSED OR OTHERWISE USED WITHOUT THE WRITTEN CONCENT OF GALAMBOS ARCHITECTS INC C COPYRIGHT 2012G A L A M B O SARCHITECTS, INC.314 D AABCASPEN, CO 81611(970) 429-1286DATEDRAWINGDATEPROJECT10/21/2021 10:25:11 AM401 W BLEEKER401 W BLEEKER ASPEN,COA-003EXISTING SITE PLAN SITEPLAN WITH STAGGEREDCOMBINED SIDE YARDSETBACK06/14/2021401 W BLEEKERSCALE 1/8" = 1'-0"1SITE PLAN WITH STAGGERED SIDE YARDSETBACKSCALE 1 1/2" = 1'-0"2EXISTING FRONT YARD FROM BLEEKERSTREETNORTHLand Use Submittal10.21.2021Exhibit B- Applicatoin 34 PROPERTY LINEFRONT YARDSETBACKSIDE YARD SETBACK(COMBINED 22'-6")SIDE YARD SETBACK(COMBINED 22'-6")5'-0"10'-0"REAR YARDSETBACK10'-0"PROPERTY LINE11'-8"+7911+7909.5 =100'-0"+7908.5+7909+7908+7909+7909.5 = 100'-0"+7909.5 = 100'-0"+7909.875T.O. F.F. =+7909.875T.O. PLY. =+7909.75ON GRADEPATIOON GRADEPATIOFRONT PORCH+7909+7908.5+7908.5+7910+7910.5+7907.5+7907.510'-10"ON GRADEDECKROOF BELOWLOT H AND I AND1/2 OF LOT G7500 SQ.FT.ALL EXISTING TREESTO REMAINON GRADEPATIOPROPOSEDHOUSEAREA OF PROPOSEDHOUSE BUILT WITHINEXISTING COMBINEDSIDE YARD SETBACKEXISTING LIGHTWELLBELOWGARAGEWEST BLEEKER STREETTHIRD STREETALLEY BLOCK 37PROPERTY LINEPROPERTY LINEISSUE FORTHIS DRAWING IS THE PROPERTY OF GALAMBOS ARCHITECTS INC. ALL WRITTEN AND DRAWN INFORMATION APPEARING HEREIN SHALL NOT BE DUPLICATED, DISCLOSED OR OTHERWISE USED WITHOUT THE WRITTEN CONCENT OF GALAMBOS ARCHITECTS INC C COPYRIGHT 2012G A L A M B O SARCHITECTS, INC.314 D AABCASPEN, CO 81611(970) 429-1286DATEDRAWINGDATEPROJECT10/21/2021 10:25:18 AM401 W BLEEKER401 W BLEEKER ASPEN,COA-004PROPOSED SITE PLAN06/14/2021401 W BLEEKERNORTHSCALE 1/8" = 1'-0"1SITE PLAN WITH COMBINED SIDE YARDSETBACK PER CODELand Use Submittal10.21.2021Exhibit B- Applicatoin 35 T.O.F.F. (UPPER exist)110'-6"T. PLATE (UPPER exist)118'-6"T.O.F.F. (LOWER exist)88'-9"T.O. SLAB (LOWER exist)88'-8 1/4"T.O. PLY. (DEN exist)100'-0"T.O. PLY (UPPER exist)110'-5 1/4"21T.O.F.F. (ENTRY exist)101'-3"45T.O.F.F. (LVL 3)118'-6 3/4"T.O.F.F. (OVER GAR exist)109'-3"25'-0" HEIGHTLIMIT1/3 POINTEXISTINGGRADE1/3 POINTAREA OF EXISTING HOUSEBUILT WITHIN COMBINEDSIDE YARD SETBACK8'-0"2'-8"COMBINEDSIDE YARDSETBACKISSUE FORTHIS DRAWING IS THE PROPERTY OF GALAMBOS ARCHITECTS INC. ALL WRITTEN AND DRAWN INFORMATION APPEARING HEREIN SHALL NOT BE DUPLICATED, DISCLOSED OR OTHERWISE USED WITHOUT THE WRITTEN CONCENT OF GALAMBOS ARCHITECTS INC C COPYRIGHT 2012G A L A M B O SARCHITECTS, INC.314 D AABCASPEN, CO 81611(970) 429-1286DATEDRAWINGDATEPROJECT10/21/2021 10:25:35 AM401 W BLEEKER401 W BLEEKER ASPEN,COA-201XEXISTING ELEVATIONS06/14/2021401 W BLEEKERSCALE 1/4" = 1'-0"1EXISTING - NORTH ELEVATIONLand Use Submittal10.21.2021Exhibit B- Applicatoin 36 T.O.F.F. (UPPER exist)110'-6"T.O.F.F. (UPPER exist)110'-6"T. PLATE (UPPER exist)118'-6"T.O.F.F. (LOWER exist)88'-9"T.O.F.F. (LOWER exist)88'-9"T.O. SLAB (LOWER exist)88'-8 1/4"T.O. PLY. (DEN exist)100'-0"ACDFBET.O.F.F. (ENTRY exist)101'-3"GT.O.F.F. (LVL 3)118'-6 3/4"T.O. SLAB (EXIST GAR)99'-3"T.O.F.F. (OVER GAR exist)109'-3"FACE OF WEST ELEVATIONCURRENTLY WITHIN THECOMBINED SIDE YARD SETBACKALONG GRID 1EXISTING GRADE25'-0" HEIGHTLIMIT1/3 POINT1/3 POINT8'-0"2'-8"7'-3 1/2"2'-5 3/16"STAGGEREDSIDE YARDSETBACKISSUE FORTHIS DRAWING IS THE PROPERTY OF GALAMBOS ARCHITECTS INC. ALL WRITTEN AND DRAWN INFORMATION APPEARING HEREIN SHALL NOT BE DUPLICATED, DISCLOSED OR OTHERWISE USED WITHOUT THE WRITTEN CONCENT OF GALAMBOS ARCHITECTS INC C COPYRIGHT 2012G A L A M B O SARCHITECTS, INC.314 D AABCASPEN, CO 81611(970) 429-1286DATEDRAWINGDATEPROJECT10/21/2021 10:26:52 AM401 W BLEEKER401 W BLEEKER ASPEN,COA-202XEXISTING ELEVATIONS06/14/2021401 W BLEEKERSCALE 1/4" = 1'-0"1EXISTING - WEST ELEVATIONLand Use Submittal10.21.2021Exhibit B- Applicatoin 37 T.O.F.F. (UPPER exist)110'-6"T. PLATE (UPPER exist)118'-6"T.O.F.F. (LOWER exist)88'-9"T.O. PLY. (DEN exist)100'-0"T.O. PLY (UPPER exist)110'-5 1/4"231T.O.F.F. (ENTRY exist)101'-3"45T.O.F.F. (LVL 3)118'-6 3/4"T.O. SLAB (EXIST GAR)99'-3"T.O.F.F. (OVER GAR exist)109'-3"COMBINEDSIDE YARDSETBACK25'-0" HIEGHTLIMITEXISTINGGRADE1/3 POINT1/3 POINTAREA OF EXISTING HOUSEBUILT WITHIN COMBINEDSIDE YARD SETBACK8'-0"2'-8"7'-3 1/2"2'-5 3/16"EXISTING GRADE AT ROOFON UPPER LEVELISSUE FORTHIS DRAWING IS THE PROPERTY OF GALAMBOS ARCHITECTS INC. ALL WRITTEN AND DRAWN INFORMATION APPEARING HEREIN SHALL NOT BE DUPLICATED, DISCLOSED OR OTHERWISE USED WITHOUT THE WRITTEN CONCENT OF GALAMBOS ARCHITECTS INC C COPYRIGHT 2012G A L A M B O SARCHITECTS, INC.314 D AABCASPEN, CO 81611(970) 429-1286DATEDRAWINGDATEPROJECT10/21/2021 10:26:07 AM401 W BLEEKER401 W BLEEKER ASPEN,COA-203XEXISTING ELEVATIONS06/14/2021401 W BLEEKERSCALE 1/4" = 1'-0"1EXISTING - SOUTH ELEVATIONLand Use Submittal10.21.2021Exhibit B- Applicatoin 38 1. ALL WINDOW AND DOOR HEADS TO MATCH EXISTING TYP UNO. SEEWINDOW AND DOOR SCHEDULES FOR SIZES.2. WINDOW SYMBOLS AND OPERATION SHOWN AT TRUE ELEVATIONONLY (NOT ON ANGLED ELEVATIONS)3. SEE ROOF PLAN FOR ADDITIONAL GUTTER AND DOWNSPOUTLOCATIONS.ELEVATION NOTEST. PLATE (UPPER exist)118'-6"T.O.F.F. (LOWER exist)88'-9"T.O.F.F. (LOWER exist)88'-9"T.O. SLAB (LOWER exist)88'-8 1/4"T.O. PLY (UPPER exist)110'-5 1/4"23145T.O. PLY (MAIN proposed)100'-3"T.O.F.F. (MAIN proposed)100'-4 1/2"PLATE AT FLAT (PROPOSED)120'-3"T.O. F.F. UPPER (proposed)110'-6 3/4"COMBINEDSIDE YARDSETBACKPROPOSED GRADE1/3 POINT1/3 POINT7'-3 1/2"2'-5 3/16"12" 12"25'-0" HEIGHTLIMITISSUE FORTHIS DRAWING IS THE PROPERTY OF GALAMBOS ARCHITECTS INC. ALL WRITTEN AND DRAWN INFORMATION APPEARING HEREIN SHALL NOT BE DUPLICATED, DISCLOSED OR OTHERWISE USED WITHOUT THE WRITTEN CONCENT OF GALAMBOS ARCHITECTS INC C COPYRIGHT 2012G A L A M B O SARCHITECTS, INC.314 D AABCASPEN, CO 81611(970) 429-1286DATEDRAWINGDATEPROJECT10/21/2021 10:25:26 AM401 W BLEEKER401 W BLEEKER ASPEN,COA-201EXTERIOR ELEVATIONS06/14/2021401 W BLEEKERSCALE 1/4" = 1'-0"1PROPOSED - NORTH ELEVATIONLand Use Submittal10.21.2021Exhibit B- Applicatoin 39 T.O.F.F. (UPPER exist)110'-6"T. PLATE (UPPER exist)118'-6"T.O.F.F. (LOWER exist)88'-9"T.O. SLAB (LOWER exist)88'-8 1/4"T.O. PLY (UPPER exist)110'-5 1/4"ACDFBEGT.O. PLY (MAIN proposed)100'-3"PLATE AT FLAT (PROPOSED)120'-3"T.O. F.F. UPPER (proposed)110'-6 3/4"T.O. GARAGE SLAB (PROPOSED)99'-10 1/2"T.O. PLY GARAGE (PROPOSED)99'-6 1/2"FACE OF WEST ELEVATIONCURRENTLY WITHIN THECOMBINED SIDE YARD SETBACKALONG GRID 1PROPOSED GRADE1/3 POINT25'-0" HEIGHTLIMIT6'-6 1/2"1'-11 3/4"1/3 POINT7'-3 1/2"2'-5 3/16"1. ALL WINDOW AND DOOR HEADS TO MATCH EXISTING TYP UNO. SEEWINDOW AND DOOR SCHEDULES FOR SIZES.2. WINDOW SYMBOLS AND OPERATION SHOWN AT TRUE ELEVATIONONLY (NOT ON ANGLED ELEVATIONS)3. SEE ROOF PLAN FOR ADDITIONAL GUTTER AND DOWNSPOUTLOCATIONS.ELEVATION NOTESISSUE FORTHIS DRAWING IS THE PROPERTY OF GALAMBOS ARCHITECTS INC. ALL WRITTEN AND DRAWN INFORMATION APPEARING HEREIN SHALL NOT BE DUPLICATED, DISCLOSED OR OTHERWISE USED WITHOUT THE WRITTEN CONCENT OF GALAMBOS ARCHITECTS INC C COPYRIGHT 2012G A L A M B O SARCHITECTS, INC.314 D AABCASPEN, CO 81611(970) 429-1286DATEDRAWINGDATEPROJECT10/21/2021 10:25:44 AM401 W BLEEKER401 W BLEEKER ASPEN,COA-202EXTERIOR ELEVATIONS06/14/2021401 W BLEEKERSCALE 1/4" = 1'-0"1PROPOSED - WEST ELEVATIONLand Use Submittal10.21.2021Exhibit B- Applicatoin 40 T. PLATE (UPPER exist)118'-6"T.O.F.F. (LOWER exist)88'-9"T.O. SLAB (LOWER exist)88'-8 1/4"T.O. PLY (UPPER exist)110'-5 1/4"23145T.O. PLY (MAIN proposed)100'-3"T.O.F.F. (MAIN proposed)100'-4 1/2"PLATE AT FLAT (PROPOSED)120'-3"T.O. F.F. UPPER (proposed)110'-6 3/4"T.O. GARAGE SLAB (PROPOSED)99'-10 1/2"T.O. PLY GARAGE (PROPOSED)99'-6 1/2"COMBINEDSIDE YARDSETBACKPROPOSED GRADE25'-0" HEIGHTLIMIT1/3 POINT7'-3 1/2"2'-5 3/16"AREA OF PROPOSED HOUSEBUILT WITHIN COMBINEDSIDE YARD SETBACK1. ALL WINDOW AND DOOR HEADS TO MATCH EXISTING TYP UNO. SEEWINDOW AND DOOR SCHEDULES FOR SIZES.2. WINDOW SYMBOLS AND OPERATION SHOWN AT TRUE ELEVATIONONLY (NOT ON ANGLED ELEVATIONS)3. SEE ROOF PLAN FOR ADDITIONAL GUTTER AND DOWNSPOUTLOCATIONS.ELEVATION NOTESISSUE FORTHIS DRAWING IS THE PROPERTY OF GALAMBOS ARCHITECTS INC. ALL WRITTEN AND DRAWN INFORMATION APPEARING HEREIN SHALL NOT BE DUPLICATED, DISCLOSED OR OTHERWISE USED WITHOUT THE WRITTEN CONCENT OF GALAMBOS ARCHITECTS INC C COPYRIGHT 2012G A L A M B O SARCHITECTS, INC.314 D AABCASPEN, CO 81611(970) 429-1286DATEDRAWINGDATEPROJECT10/21/2021 10:25:54 AM401 W BLEEKER401 W BLEEKER ASPEN,COA-203EXTERIOR ELEVATIONS06/14/2021401 W BLEEKERSCALE 1/4" = 1'-0"1PROPOSED - SOUTH ELEVATIONLand Use Submittal10.21.2021Exhibit B- Applicatoin 41 Exhibit B- Applicatoin 42 Page 1 of 3 MEMORANDUM TO: City of Aspen Planning and Zoning Commission FROM: Michelle Bonfils Thibeault,AICP Planner II THRU: Amy Simon, Planning Director MEMO DATE:January 14, 2022 MEETING DATE:January 18, 2022 RE:905 W North St, Special Review-Nonconforming Structure & Combined Sideyard Variance APPLICANT: Susan Merritt Baird and Stephen Baird REPRESENTATIVE: Sara Adams, BendonAdams LOCATION: 905 W North Street CURRENT AND PROPOSED ZONING & USE This property is located in the Medium-Density Residential (R-6) zone district and is developed with a single-family home. SUMMARY:The application requests Special Review, Replacement of Nonconforming Structure and a Variance to the combined side yard setback requirement in the R-6 zone to allow for exterior improvements to the existing home and the redevelopment of the nonconforming crawl space into basement living space. STAFF RECOMMENDATION: As designed, the request to expand the existing nonconforming crawl space into a livable basement requires a variance to the combined side yard setback,increasing a nonconforming element of the structure. Reduction of nonconformities is a goal of the land use code and variations require demonstration of a hardship. Staff recommends the Planning and Zoning Commission adopt the Resolution to approve the Special Review allowing some aspects of the proposal to proceed,but deny the Variance request. Figure 1.905 W North St. Aerial Image 43 Page 2 of 3 LAND USE REQUEST AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval from the Planning and Zoning Commission: Special Review (Pursuant to Land Use Code Section 26.430.040): An application requesting Replacement of Non-Conforming Structures to make exterior improvements and to expand the crawlspace into a living area basement, which requires Special Review by the Planning and Zoning Commission. The Planning and Zoning Commission is the final review body. Variance (Pursuant to Land Use Code Section 26.314): An application requesting a variance from the combined side yard setback requirement of the R-6 zone district to allow a basement to be developed meeting the minimum side yard setback requirements but requiring a variance from the combined side yard requirement. SUMMARY OF PROJECT: Existing Conditions: The subject property is a single-family residence located in the R-6 zone district. The house was originally constructed around 1977, prior to current zoning standards and is considered a legally established nonconforming structure. The existing structure is nonconforming in consideration of R-6 zone standards including floor area and side yard setbacks. The existing structure is built over a crawl space foundation that encroaches into the minimum side yard setback requirements and the combined side yard setback requirement. The existing floor area is nonconforming at +/-4,068 sq.ft. STAFF COMMENTS: The application is subject to Special Review because it entails altering and rebuilding aspects of a non- conforming structure. Minor changes to the west elevation of the home (two new windows and the removal of a people door) and to the north elevation (replacement of existing windows with two new windows and addition of a people door near the garage doors) are requested. An exterior trash enclosure is also proposed. Alteration to nonconforming structures are permitted in a manner that does not change or that decreases the nonconformity. These proposals do not change the nature of the nonconforming status of the structure and are therefore permitted. The existing structure is nonconforming to allowable floor area standards in the R-6 zone. The applicant proposes to reduce square footage in the above grade levels, reallocating the floor area to a new proposed basement level to maintain (not increase) the nonconforming floor area. This work may proceed if otherwise in conformance with applicable codes. The applicant proposes to redevelop the nonconforming crawl space into a livable basement that meets the minimum required side yard setbacks (15ft side yard setback requirement), however not the combined side yard setback requirement (37.5ft combined side yard setback requirement). The applicant is requesting a 7.5ft variance to the combined side yard setback requirement to increase this aspect of the nonconforming structure. Staff finds that this aspect of the proposal does not meet the review criteria for Special Review or for the granting a setback variance. RECOMMENDATION: The Community Development Department Staff recommends the Planning and Zoning Commission approve the fenestration changes and trash enclosure, but deny a setback variance to redevelop the existing non-conforming crawl space into a living space basement as outlined in the attached resolution. A basement that fully complies with all dimensional requirements including setbacks can meet the approval criteria and the project can be redesigned in that manner to proceed to building permit. 44 Page 3 of 3 ATTACHMENTS: Resolution #__, Series of 2022 Exhibit A – Special Review Criteria Exhibit B – Variance Review Criteria Exhibit C – Application 45 P&Z Resolution # ____, Series of 2022 1 RESOLUTION #03 (SERIES OF 2022) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING SPECIAL REVIEW/NONCONFORMING STRUCTURE REPLACEMENT APPROVAL AND DENYING A COMBINED SETBACK VARIANCE APPROVAL FOR THE PROPERTY LOCATED AT 905 W. NORTH ST, LOTS F, G, H, I, BLOCK 2 (EXCEPT A PORTION OF LOT I) , CITY OF ASPEN, COLORADO PARCEL ID: 2735-122-11-006 WHEREAS, the Community Development department received an application from BendonAdams, representing Susan Merritt Baird and Stephen Baird, requesting Special Review/Replacement of Nonconforming Structure and Side Yard Variance related to exterior improvements and development of a basement below the existing home located at 905 West North 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 and the Land Use Code standards, and referral of the application to other City Departments for comments, the Community Development Director recommends Special Review approval for some aspects of the application, but no setback variance to redevelop the existing non-conforming crawl space into a living space basement as proposed; and, WHEREAS, the City of Aspen Planning and Zoning Commission reviewed and considered the application under the applicable provisions of the Land Use Code as identified herein, in particular Section 26.314 Variances and 26.430 Special Review, reviewed and considered the recommendation of the Community Development Director and took and considered public comment at a duly noticed public hearing on January 18, 2022; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal for Special Review/Replacement of Nonconforming Structure meets the applicable review criteria and that approval of the request as described below is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal for Variance to R-6 Zone Combined Side Yard standards does not meet the applicable review criteria or prove hardship and that denial of the request is consistent with the goals and objectives of the Land Use Code; 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, and, 46 P&Z Resolution # ____, Series of 2022 2 WHEREAS, the City of Aspen Planning and Zoning Commission approves Resolution #___, Series of 2022, by a ____ to ___ (x - x) vote, recommending approval for Special Review/Replacement of Nonconforming Structure and denial of Variance as identified herein. NOW, THEREFORE BE IT RESOLVED the City of Aspen Planning and Zoning Commission finds as follows: Section 1:Legal Non-Conforming Structure The existing single-family dwelling is a legal non-conforming structure as defined in the Land Use Code. So long as the scope of work does not constitute demolition as defined in the Land Use Code, the applicant may reallocate floor area from the above grade levels to the livable basement level maintaining the existing non-conforming floor area, may remodel the exterior of the home as proposed, and may construct an exterior trash storage area, after review and approval of a building permit. No expansions of floor area are permitted. A basement that fully complies with all dimensional requirements including setbacks may be included in the permit. Section 2:Side Yard Setback Variance Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby denies a dimensional variance to convert the crawl space to a livable basement level without meeting the minimum combined side yard standards of the R- 6 Zone as such a variance expands a nonconforming element of the structure. Section 3: Material Representations 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 site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: Existing Litigation 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 5: Severability 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. 47 P&Z Resolution # ____, Series of 2022 3 APPROVED by the Commission at its meeting on January 18, 2022. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ___________________________________ ________________________ Katharine Johnson, Assistant City Attorney Teraissa McGovern, Chair ATTEST: ____________________________ Cindy Klob, Records Manager Attachment: Exhibit A-Drawings representing the approval, subject to required modification of the basement plan to comply with setbacks 48 1 Exhibit A –Special Review Staff Findings Chapter 26.430.040, Special Review No development subject to special review shall be permitted unless the Planning and Zoning Commission makes a determination that the proposed development complies with all standards and requirements set forth below.: (a) Dimensional requirements. Whenever the dimensional requirements of a proposed development are subject to special review, the development application shall only be approved if the following conditions are met. (1) The mass, height, density, configuration, amount of open space, landscaping and setbacks of the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the underlying zone district. Staff Findings: The subject property was built in 1977 and is a legally established nonconforming structure. The subject property is located in the R-6, Medium-Density zone district. The nonconformities of the existing structure include the floor area, the side yard, and height, as demonstrated in the chart below. R-6 Zone Requirement Subject Property Existing Conditions Minimum lot size requirement 6,000 sq.ft. lot subject lot is +/-11,052 sq.ft Minimum lot width requirement 60 ft.91 ft wide Minimum front yard requirement 10 ft.10 ft. Minimum rear yard requirement 10 ft. +/-49.5 ft. Minimum side yard requirement 15 ft. per side yard and a combined side yards total of 37.5 ft. 9 ft + 11 ft = +/-20ft Maximum Height 25ft +/-30ft Allowable FAR 3,363 sq.ft 4,069 sq.ft. The request to expand the crawl space into a living space basement, minor changes to the west that adds two new windows and removes a people door, and minor changes to the north elevation the replaces two existing windows and adds a people door, requires special review for changes to a nonconforming structure. 49 2 Nonconforming Floor Area:The subject property has an existing FAR of +/-4,069 sq.ft. exceeding the allowable 3,363 sq.ft.by +/-706 sq.ft. The existing floor area is non- conforming to current floor area standards. Land Use Code Section 26.312.030 Non- conforming Structures states that “A nonconforming structure shall not be extended by an enlargement or expansion that increases the nonconformity. A nonconforming structure may be extended or altered in a manner that does not change or that decreases the nonconformity. Therefore, the applicant proposes to reallocate existing floor area from upper levels of the structure to maintain (not increase) the nonconforming floor area. This is permitted. Nonconforming Side yard Setbacks: The subject property is developed with nonconforming +/-10ft easterly side yard and +/-9’4” westerly side yard for a combined total of +/-19’4”. The requirement for a lot of this size is minimum 15ft side yard setbacks. The applicant proposes to modify the foundation at the east and west ends of the home and construct full basement in conformity to the 15ft side yard setback requirements. Cross lined areas in the illustration below depict the existing crawlspace in the 15ft side yard setbacks to be demolished. This demolition will reduce an aspect of the nonconforming crawl space. The R-6 zone also has a minimum combined side yard setback of 37.5ft for a lot this size. The applicant is requesting a 7.5ft variance to the combined side yard setback to allow an increase in this aspect of the nonconforming structure. The new full basement will meet the minimum side yards, but not the combined yard. The requested variance will increase +/-293 sq.ft. of living space in the combined side yard setback (as depicted in the dotted lined area in the illustration above). Authority to Continue: The applicant proposes modest changes to the west elevation of the building, adding two windows and removing an existing people door. Similarly, the 50 3 applicant proposes modest changes to the north elevation of the building altering two existing windows with new windows and adding a people door adjacent to the garage doors. These changes to the west and north elevations do not represent an extension of the nonconformities of the structure. The structure may be altered in a manner that does not change the nonconformity. (2) The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts, including but not limited to the effects of shading, excess traffic, availability of parking in the neighborhood or blocking of a designated view plane. Staff finds this criteria is not met with regard to the new basement. Increasing gross square footage of the nonconformity into the combined side yard setback is not consistent with the purposes of the underlying zone district, which includes setting dimensional boundaries to development. (b) Replacement of nonconforming structures. Whenever a structure or portion thereof, which does not conform to the dimensional requirements of the zone district in which the property is located is proposed to be replaced after demolition, the following criteria shall be met: (1) The proposed development shall comply with the conditions of Subsection 26.430.040(a) above; (2) The are existing special characteristics unique to the property which differentiate the property from other properties located in the same zone district; (3) No dimensional variations are increased, and the replacement structure represents the minimum variance that will make possible the reasonable use of the property; and (4) Literal enforcement of the dimensional provisions of the zone district would cause unnecessary hardship upon the owner by prohibiting reasonable use of the property. Staff Findings: Staff has indicated that section 26.430.040.a is not met, therefore b.1 above is not met. The site does not present any special circumstances and the work does include dimensional variations, contrary to b.3. Excavation of the crawlspace into a full basement that encroaches into the combined side yard setback increases a dimensional variation where no hardship is proved. It is a goal of the City to reduce nonconformities. Staff finds this criteria is not met. 51 Exhibit B - Variance Review Staff Findings Chapter 26.314, Variance A.In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision-making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of this Title and the Municipal Code; and Staff Findings:The existing structure was originally built in 1977 and is considered a legally established nonconforming structure. The R-6 zone has a minimum combined side yard setback of 37.5ft for a lot this size. The applicant is requesting a 7.5ft variance to the combined side yard setback at the basement level to allow an increase in this aspect of the nonconforming structure. The requested variance will allow the construction of +/-293 sq.ft. new square feet of living space in the combined side yard setback. Staff believes a reasonable expectation for the applicant and the community is that the Land Use Code is observed and enforced as uniformly as practicable. Granting a variance to allow construction in the setback, increasing one of the non-conforming aspects of this home, is not consistent application of the dimensional requirements. Reduction of nonconformities is a goal of the Municipal Code. The fact that the expansion will have no public visibility does not override the premise that setbacks, even at the basement level, are part of a set of dimensional regulations intended to provide a limitation to the development permitted on a parcel. Staff finds this criterion is not met. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and Staff Findings: Staff finds that the project does reduce the existing 10ft. east side yard setback nonconformity (proposed new setback 15ft.) and reduces the existing 9’4” west side yard setback nonconformity (proposed new setback 15ft.). at the below grade level as the application indicates that existing crawl on the far east and west edges of the home will be demolished. (Please note that the above grade encroachments in these areas are planned to be maintained.) The applicant is requesting a 7.5ft variance to the combined side yard setback for the development of a new basement. The requested variance will increase +/-293 sq.ft. of living area in the combined side yard setback below grade. Excavation of the crawlspace into a full basement that encroaches into the combined side yard setback increases a dimensional variation where no hardship is demonstrated. It is a goal of the City to reduce nonconformities. 52 Reasonable use of the parcel has already been established with the existing home. The applicant has the right to develop basement area that is in full compliance with all dimensional requirements but does not have the right to expect additional development through the provision of a variance to the minimum combined side yard setback. Staff finds this criterion is not met. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience.In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied the terms of this Title and the Municipal Code to other parcels, buildings or structures, in the same zone district. Staff Findings:The applicant proposes to reduce the nonconforming side yard setbacks and meet the 15ft side yard setback requirements. The applicant is requesting a 7.5ft variance from the combined side yard setback requirement. Increasing gross square footage of the nonconformity into the combined side yard setback is not consistent with the uniform application of the dimensional requirements of the zone district. The fact that the home was built under older land use regulations does not create a special circumstance that must allow continued non-conforming expansion, and no hardship has been presented to support a variance. Granting a variance would convey special privilege by providing the applicant permission to construct living space where other similar properties may not. A wildlife-resistant trash enclosure is proposed in the west side yard setback. Trash enclosures are permitted in side yard setbacks per Section 26.575.020.(e)(5)(t). The subject property does not have alley access. Staff finds this criterion is not met for the basement. The proposed trash enclosure appears to conform with setback allowances, to be confirmed at permit review. 53 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM September 14, 2021 Updated November 1, 2021 Aspen Community Development Department Board of Adjustment City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: 905 W North Street – Setback Variance and Special Review Request Dear Community Development and P&Z, Please accept this application for a combined setback variance to allow a subgrade basement beneath an existing single family home. Special Review for minor window and door changes is also requested. The proposed basement meets minimum side setback requirements of 15 feet, but requests a variance for the combined side setback requirement of 37.6 feet (30 feet is proposed). Background The property is within the R-6 Zone District and is roughly 11,052 sf in size. The home was built in 1977 and is considered a legally established non-conforming structure because the structure is located within required side yard setbacks, exceeds the allowable floor area, and the dormers may be over the height limit due to new measurement methodology in the Code. The home was built in accordance with the Land Use Code in 1977, which had a minimum side setback of 5 feet and no combined setback requirement. However, the Code has significantly changed in the past 44 years and the existing home no longer meets the side setback requirement of 15 feet nor the combined side setback requirement of 37.6 feet. 54 905 West North Street Planning and Zoning Commission Since the initial adoption of zone districts, the City has defined minimum setback requirements; however, in the 1980s (circa 1988) the City adopted the combined sideyard setback requirement to encourage larger side yards for larger lots. The combined setback is determined by the gross lot area of a property, and each side yard must meet the minimum setback and must also add up to combined setback requirement. In the City of Aspen setbacks run below ground even though there is no visible impact on the neighborhood. As defined in Land Use Code Section 26.104.100: “Setback. An area commencing and extending horizontally and vertically from a lot line, property line or other boundary which shall be unoccupied and unobstructed from the ground upward, excepting trees, vegetation and/or fences or other structures or projections as allowed.” Despite the definition of setback being unoccupied “from the ground upward”, the City asserts that setbacks extend below ground pursuant to Section 26.575.020.e.5, Allowed Projections into Setbacks. According to this philosophy, setback regulations restrict development to a clearly defined building envelope below grade to prohibit encroachments on any underground utilities that run through the City rights of way. As such, basements are required to meet setback limitations. Lightwells that are required for egress and are the minimum size per Building Code (3’ x 3’) are exempt from setback restrictions; however, the actual usable basement space is not exempt from setbacks. Combined Setback Variance Request 905 West North Street has the following setbacks: Table 1: 905 W. North Dimensional Requirements Summary R-6 Requirement 905 W. North Existing Condition Proposal Lot Size 6,000 sf 11,052 sf (no lot reductions) No Change Front Yard (facing W. North Street) 10 ft 10 ft. No Change Side Yard Minimum EAST 15 ft. 11.1 ft. Above Grade 11.1 ft. Below Grade Foundation No Change Above Grade 15 ft. Below Grade WEST 15 ft. 9.1 ft. Above Grade 9.1 ft. Below Grade Foundation No Change Above Grade 15 ft. Below Grade Side Yard Combined 37.6 ft. 20.2 ft. Above Grade No Below Grade Space No Change Above Grade 30 ft. Below Grade – variance requested Rear Yard 10 ft. More than 10 ft. No Change 55 905 West North Street Planning and Zoning Commission The existing single family home has a foundation below the home that sits within required setbacks. A full height useable basement is proposed to expand the home without impacting any above grade massing. There are no impacts to the neighborhood and the request for setback variance is only 7.6 feet below grade. The purpose of the combined side yard setback is to provide ample space between large buildings on large lots. The proposed below grade variance, which meets minimum side yard setback requirements of 15 feet, does not impact the location or size of the building above grade. Special Review Request According to the Planning Department, Special Review is required for any exterior changes to a non- conforming structure regardless of whether Demolition as defined in the Land Use Code is triggered. The 905 Project does not propose Demolition but requests approval for minor improvements to an existing 1977 single family home. In addition to the habitable basement described above, a new trash enclosure on the west side of the building is proposed – there is no alley access for this block; and therefore, meets Land Use Code Section 26.575.020.d.13 as exempt from Floor Area and Land Use Code Section 26.575.020.e.5.t as an allowed projection into a setback. Two new windows and the removal of a man door are proposed on the west elevation. Slightly larger windows above the garage and a new man door area are also proposed on the north elevation. These minor changes to the exterior of the building do not require setback variances and do not increase or alter the non-conforming status of the structure. We believe the proposed setback variance and special review for the non-conforming structure are well within the spirit and intent of the City’s Land Use Code and is necessary to avoid an unreasonable hardship upon the landowner. Approval would be defensible from a standard-of-review standpoint and a responsible action of the Commission. We look forward to your review and commentary, as well as the opportunity to discuss this request with the Planning and Zoning Commission. Please let us know if we can provide additional information or if you would like to schedule a site visit. Kind Regards, Kind Regards, Sara Adams, AICP sara@bendonadams.com 970-925-2855 Attachments: A – Standards of Review a.1 Variances a.2 Special Review B – Land Use application C - Agreement to pay form D - Authorization to represent E - Disclosure of ownership F - HOA compliance form G – Pre-application summary H - Vicinity Map I – Mailing list J – Drawings K – Survey 56 905 North Street Exhibit A – Standards for Review Exhibit A A.1 26.314.040 Standards applicable to variances. A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision - making body shall make a finding that the following three circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of this Title and the Municipal Code; and Title 26 of the Municipal Code (known as the Land Use Code) provides zoning limitations and development standards for properties in the City of Aspen. The purpose of Title 26, stated in 26.104.020 includes the analysis of various development factors “and the legitimate rights and reasonable expectations of property owners.” All development and uses of land are to be considered within the context of “natural environmental character of the City” and architectural/aesthetic character of the City. The purpose of the R-6 Zone District includes use for long-term residential uses with customary accessory uses. Following is the purpose statement for the R-6 Zone District, as stated in the City of Aspen Land Use Code: The property is zoned for single-family development and the owner has a legitimate and reasonable expectation to be able to develop a single-family home. The purpose directly states that lands contain “relatively dense settlements…” which infers that homes are built relatively close together. A variance to required setbacks to enable the development of a home on this property is consistent with the purpose of the Zone District. 57 905 North Street Exhibit A – Standards for Review 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and The proposed basement meets the minimum setback requirement of 15 feet for both side yards. The combined setback requirement of 37.6 feet is requested, where 30 feet is required. The basement is pulled in from the existing foundation walls to comply with the minimum setback requirement; however, just 7.6 feet is requested to make possible the reasonable use of this property with a fully useable basement level. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished form mere inconvenience. In determining whether an applicant’s rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the terms of this Title and the Municipal Code to other parcels, buildings or structures, in the same zone district. The location of the existing home was in full conformance with the Zone District at the time of completion. The Code has changed over time to, among other things, include a combined side yard setback requirement that did not exist when the home was constructed. The applicant did not create this situation. The parcel has existed in this configuration for decades and is not the result of the owner’s actions. Complying with the setbacks’ literal interpretation creates an unnecessary hardship for the Baird family. The requested combined setback variance for a basement only is the minimum necessary for basement level to be useable, and to provide the property with the same privilege allowed other properties in the same zone district. A.2 26.430.040.B.3 Special Review No development subject to special review shall be permitted unless the Planning and Zoning Commission makes a determination that the proposed development complies with all standards and requirements set forth below. (a) Dimensional requirements. Whenever the dimensional requirements of a proposed development are subject to special review, the development application shall only be approved if the following conditions are met. (1) The mass, height, density, configuration, amount of open space, landscaping and setbacks of the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the underlying zone district. (2) The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts, including but not limited to the effects of shading, excess traffic, availability of parking in the neighborhood or blocking of a designated view plane. 58 905 North Street Exhibit A – Standards for Review The proposed minor façade changes – windows and doors on the west and north elevations are compatible with the surrounding land uses and the intent of the residential R-6 zone district. An enclosed trash and recycle area is consistent with the neighborhood and is allowed per Zoning to be located in a setback. The proposed basement does not impact the mass, density, open space or landscaping of the property. A habitable basement is consistent with the residential zone district and surrounding land uses. A combined setback variance is requested for the basement space as noted above. The proposed project does not adversely impact the surrounding uses, does not increase traffic, and does not change the existing bulk, mass and height of the single family home. (b) Replacement of nonconforming structures. Whenever a structure or portion thereof, which does not conform to the dimensional requirements of the zone district in which the property is located is proposed to be replaced after demolition, the following criteria shall be met: (1) The proposed development shall comply with the conditions of Subsection 26.430.040(a) above; (2) There exist special characteristics unique to the property which differentiate the property from other properties located in the same zone district; (3) No dimensional variations are increased, and the replacement structure represents the minimum variance that will make possible the reasonable use of the property; and (4) Literal enforcement of the dimensional provisions of the zone district would cause unnecessary hardship upon the owner by prohibiting reasonable use of the property. Demolition, removal of 40% or more of the exterior structure, is not triggered by this application. The proposed project includes enlargement of two windows on the north elevation (street facing), and a new door on the north elevation. Two new windows and the removal of a door are proposed on the west elevation. A small trash and recycle area is proposed on the west elevation. A habitable basement level is proposed, where there is currently only a foundation below grade. There is no increase to the non- conforming aspects of the property (height, floor area, setbacks) with the exception of the basement level that needs a combined setback variance. The home was built in 1977 and is considered a legally established non-conforming structure because the structure is located within required side yard setbacks, exceeds the allowable floor area, and the dormers may be over the height limit due to new measurement methodology in the Code. The home was built in accordance with the Land Use Code in 1977, which had a minimum side setback of 5 feet and no combined setback requirement. This property is unique in that it was constructed in conformance with the Code in place in 1977. The location of the home cannot be changed, which creates a special circumstance and a barrier to adding a habitable basement level. Other properties in the R-6 Zone District are likely constructed in accordance with the current Code and can easily add a basement level without applying for Special Review and Variances or demolishing the structure and starting over. A dimensional variance for the combined setback for the habitable basement is requested (see above). The requested basement represents the minimal variance needed to make the basement feasible. The structure is not being replaced. The proposed window and door modifications, and the trash area are allowed per Code and do not increase the non-conformity. 59 905 North Street Exhibit A – Standards for Review Literal enforcement of the combined setback for a below grade basement is outside the intent of the Zone District and would cause an unnecessary hardship on the owner compared to other conforming properties with full habitable basements directly underneath the above grade living space. 60 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 LAND USE APPLICATION APPLICANT: REPRESENTIVATIVE: Description: Existing and Proposed Conditions Review: Administrative or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Name: Address: Phone#: email: Address: Phone #: email: Name: Project Name and Address: Parcel ID # (REQUIRED) 61 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 DIMENSIONAL REQUIREMENTS FORM Complete only if required by the PreApplication checklist Project and Location Applicant: Zone District: Gross Lot Area: Net Lot Area: **Please refer to section 26.575.020 for information on how to calculate Net Lot Area Please fill out all relevant dimensions Single Family and Duplex Residential 1) Floor Area (square feet) 2) Maximum Height 3) Front Setback 4) Rear Setback 5) Side Setbacks 6) Combined Side Setbacks 7) % Site Coverage Existing Allowed Proposed Multi-family Residential 1) Number of Units 2) Parcel Density (see 26.710.090.C.10) 3) FAR (Floor Area Ratio) 4) Floor Area (square feet) 4) Maximum Height 5) Front Setback 6) Rear Setback Existing Allowed Proposed 8) Minimum distance between buildings Proposed % of demolition 7) Side Setbacks Proposed % of demolition Commercial Proposed Use(s) Existing Allowed Proposed 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Off-Street Parking Spaces 5) Second Tier (square feet) 6) Pedestrian Amenity (square feet) Proposed % of demolition Existing non-conformities or encroachments: Variations requested: Lodge Additional Use(s) 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Free Market Residential(square feet) 4) Front setback 5) Rear setback 6) Side setbacks 7) Off-Street Parking Spaces 8) Pedestrian Amenity (square feet) Proposed % of demolition Existing Allowed Proposed 62 63 64 65 66 67 68 69 70 71 72 73 74 PRE-APPLICATION CONFERENCE SUMMARY DATE: October 25, 2021 PLANNER: Garrett Larimer, garrett.larimer@cityofaspen.com PROJECT ADDRESS: 905 North St. PARCEL ID# 2735-122-11-006 APPLICANT: Sara Adams, sara@bendonadams.com DESCRIPTION: The subject site is an 11,052, sq. ft. lot located in the Medium Density Residential (R-6) zone district. The property is currently developed with a single-family residence that is non-conforming in regard to floor area and setbacks (minimum and combined). A pre-app was requested based on a general description of the scope, but plans were not provided in the request, and the pre-app was issued 7.21.21. An application has been submitted with plans depicting the full scope of work. Based on a complete understanding of the scope of work proposed, a new pre-app is being issued to identify the appropriate review process. The application proposes to alter portions of the structure on the west side of the building that fall within the combined and minimum side yard setback. The existing house contains a crawl space exists subgrade that runs under the entire structure, including the portions of the structure in the setback. A new full height basement is proposed under the existing house that complies with the minimum side yard setback, but not the combined side yard setback requirement. To develop the full height basement, the foundation that’s within the setback will need to be destroyed and redeveloped as a full height basement. All work proposing to alter and rebuild non-conforming portions of the structure are subject to the requirements in Section 26.312 – Non- Conformities. The property is considered legally established non-conforming, and Section 26.312 outlines requirements and review processes for work involving non-conforming structures. Portions of the existing structure that fall within the combined or side yard setback that are proposed to be altered require a Replacement of Non-Conforming Structure review pursuant to Section 26.430, in order to restore and continue the setback non-conformity. The application requests a variance to the combined side yard setback requirement for the addition of a basement. The applicant can request a combined side yard setback variance request as part of the application, but pursuant to Section 26.430.040.B.3 will need to demonstrate that the variance is required to allow for reasonable use of the property. In order to maintain the non-conforming floor area and allow for the addition of the basement, the application proposes to reallocate existing floor area from the upper level to offset the addition of a basement, maintaining the existing non-conforming floor area. RELEVANT ASPEN MUNICIPAL CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.312 Non-Conformities 26.430 Special Review 26.575.020.F Measuring Setbacks 26.710.040 Medium-Density Residential Zone District (R-6) For your convenience – links to the Land Use Application and Land Use Code are below: 75 Land Use Application Land Use Code REVIEW BY: Staff for determination of complete application and recommendation Planning and Zoning Commission for Decision REQUIRED LAND USE REVIEW(S): Special Review PUBLIC HEARING: Yes, at the Planning and Zoning Commission PLANNING FEES: $3,250 for 10 billable hours of staff time. (Additional/ lesser hours will be billed/ refunded at a rate of $325 per hour.) REFERRAL FEES: Engineering - $325 deposit for 1 hour of staff time. (Additional/ lesser hours will be billed/ refunded at a rate of $325 per hour.) Parks - $975 flat fee TOTAL DEPOSIT: $4,550 APPLICATION CHECKLIST – Please email the following application materials to garrett.larimer@cityofaspen.com as a single PDF:  Completed Land Use Application and signed fee Agreement.  Pre-application Conference Summary (this document).  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, 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.  Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant.  HOA Compliance form.  A vicinity map locating the parcel within the City of Aspen.  Site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status, certified by a registered land surveyor, licensed in the state of Colorado. The survey should show setbacks and the Hallam Lake Bluff.  A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approval associated with the property. While complete architectural drawings for the proposed work are not required, the applicant must adequately demonstrate the need for replacing a non-conformity.  Written responses to all review criteria in section 26.430.040.B Once the application is deemed complete by staff, the following will then need to be submitted:  Total deposit for review of the application. 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. 76 926 930936 426908 417 521 521 800 640 813 825 837 905 949 504 520 915 817825 810820 822 505 916 615 604 912 910 900 650 660 655 935 930 925 R-15R-15 R-6POWER PLANT RDN 8TH STN 8TH STW S M U G G L E R S T N 8TH STW SMUGGLER S T N 7TH STN 8TH STW NORT H S T M E A D O W S R D Date: 7/27/2021 Geographic Information Systems This map/drawing/image is a graphical representation of the features depicted and is not a legal representation. The accuracy may change depending on the enlargement or reduction. Copyright 2021 City of Aspen GIS 0 0.01 0.020.01 mi When printed at 8.5"x11" 4 Legend Urban Growth Boundary (UGB) Emissions Inventory Boundary (EIB) City of Aspen Greenline 8040 Stream Margin Hallam Bluff ESA Historic Districts Parcels Zone Overlay DRAINAGE LP PD DRAIN/TRANS GCS PD L PD LP PD Zoning R-3 High Density Residential AH Affordable Housing R/MF Residential/Multi-Family R/MFA Residential/Multi-Family R-6 Medium Density Residential R-15 Moderate Density Residential R-15-A Moderate Density Residential R-15B Moderate Density Residential R-30 Low Density Residential RR Rural Residential L Lodge CL Commercial Lodge CC Commercial Core C-1 Commercial SCI Service Commercial Industrial NC Neighborhood Commercial MU Mixed Use SKI Ski Area Base C Conservation OS Open Space P Park WP Wildlife Preservation A Academic Scale: 1:1,351 905 West North Street 77 Pitkin County Mailing List of 300 Feet Radius Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. From Parcel: 273512211006 on 07/27/2021 Instructions: Disclaimer: http://www.pitkinmapsandmore.com 78 ARMSTRONG LANCE ASPEN, CO 81611 900 WEST NORTH ST 9425 ASPEN REAL ESTATE LLC ASPEN, CO 81611 650 MEADOWS RD GOLDRICH MELINDA REV TRUST ASPEN, CO 81611 825 W NORTH ST LBH CONDO ASSOC ASPEN, CO 81611 COMMON AREA 521 N SEVENTH ST COLOSAL CORP ASPEN, CO 81611 715 W MAIN ST #201 817 WEST NORTH STREET LLC CORPUS CHRISTI, TX 78401 518 PEOPLES ST CHASE SARAH C REV TRUST BEND, OR 97701 1900 NE 3RD ST #106-PMB337 630 MEADOWS COLORADO TRUST CHICAGO, IL 60601 222 N LASALLE ST #300 WALDECK TOM & VIVIAN G ASPEN, CO 81611 915 W NORTH ST RIVER ONE LLC ASPEN , CO 81611 400 E MAIN ST #2 ASPEN INSTITUTE INC WASHINGTON, DC 20037 2300 N ST NW #700 NEWMAN JOEL GOLDEN BEACH, FL 33160 355 OCEAN BLVD CITY OF ASPEN ASPEN, CO 81611 130 S GALENA ST SCHUHMACHER JOHN W TRUST ASPEN, CO 81611 505 N 8TH ST RATNER DENNIS F TRUST VIENNA, VA 22182 1577 SPRING HILL RD # 500 HARRIS JOAN W REV TRUST CHICAGO, IL 60611 209 E LAKE SHORE DR POWELL WILLIAM E TRUST SAN ANTONIO, TX 78218 11 LYNN BATTS LN #100 CITY OF ASPEN ASPEN, CO 81611 130 S GALENA ST BRIEN ALICE ASPEN, CO 81612 PO BOX 10521 VANDEMOER FAMILY INC STERLING, CO 80751 PO BOX 668 ROSE ALLAN V YONKERS, NY 10701 ONE EXECUTIVE BLVD STARODOJ BETSY H & THOMAS S II ASPEN, CO 81612 PO BOX 2298 JAMIE ALEXANDER LLC NEW YORK, NY 10021 720 PARK AVE #4A 810 WEST SMUGGLER STREET LLC ASPEN, CO 81611 101 S MILL ST #200 SCHWAB LOUISE H NON-EXEMPT MARITAL TRUST LOS ANGELES, CA 90024 10940 WILSHIRE BLVD #2250 ANTHONY JULIE KATHLEEN ASPEN, CO 81611 655 MEADOWS RD 675 MEADOWS RD LLC ASPEN, CO 81611 0124 TOTTERDOWN RD NEWMAN JOEL GOLDEN BEACH, FL 33160 355 OCEAN BLVD TREEHOUSE CONDO ASSOC ASEPN, CO 81611 COMMON AREA 822 W SMUGGLER ST BRUMLEY JONNY S & LORI F FORT WORTH, TX 76107 901 HILLCREST ST 79 MEADOWS & SEVENTH LLC ASPEN , CO 81611 521 NORTH 7TH ST #A SCHWAB ROBERT H SURVIVORS TRUST LOS ANGELES, CA 90024 10940 WILSHIRE BLVD #2250 HOFFMAN LARRY J & DEBORAH MIAMI, FL 33133 3525 BAYSHORE VILLAS DR NEWMAN FAMILY TRUST GOLDEN BEACH, FL 33160 355 OCEAN BLVD HOLMES AUDREY P ASPEN, CO 81611 660 MEADOWS RD POWELL WILLIAM E TRUST SAN ANTONIO, TX 78218 11 LYNN BATTS LN #100 RUBEY ROBERT DENVER, CO 80209 3465 BELCARO DR HARRIS JOAN W REMAINDER TRUST CHICAGO, IL 60611 209 E LAKE SHORE DR SCHUHMACHER MARIANNE H TRUST ASPEN, CO 81611 505 N 8TH ST SOPRIS INVESTMENT HOLDINGS CORP ASPEN, CO 81611 715 W MAIN ST #201 949 WEST SMUGGLER ST LLC DENVER, CO 80221 3489 W 62 AVE 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110