The URL can be used to link to this page

Home My WebLink AboutLand Use Case.100 E Francis St.0041.2014.ASLU0041.2014.ASLU 100 & 108 E FRANCIS ST RES DESIGN VARIANCE AMENDMENT 2735 124 19 851 , Â· 7 .... r External Media Located Here - -Â«Ii Ld ~ M-008002 ~ THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0041.2014.ASLU PARCEL ID NUMBERS 2735 124 19 851 PROJECTS ADDRESS 100 & 108 E FRANCIS ST PLANNER SARA NADOLNY CASE DESCRIPTION RES DESIGN VARIANCE AMENDMENT REPRESENTATIVE JEFFERY BERKUS ARCHIECTS DATE OF FINAL ACTION 6.6.14 CLOSED BY ANGELA SCOREY ON: 6.25.14 2-7,5 9-- /2-4 -19 - 95-/ 1 - --== 2014. 46,4 ? .Permits .. 1/-/--1,â€ž... -- - I -- - - - - -- Elle Edit Reco'd Na. gate Fgrm Rep* Format Ia) Help d i'~ 0< S >2.-:i /-1 i ~ 4 1 :8 374Â¥,R i S k A Jumn 1 I.0 .t i = 8 . M --1 C B L_..._.1 242_43 08.11 9 r. -_9_ On .*Inl Custom Fields . Routing Ratus Fee Summori Actions Routing Bistory Permit type laslu IAspen land Use , Permit # 100412014 ASLU Address 100 E FRANCIS ST ApÂ«Suite I City ASPEN State ICO ~ Zip 81611 Permit Normation Master permit I Routing queue aslu01 ; Applied 05/07 2014 - projed : Status pnding Approved j DescriÂ®on APPLICATION FOR RESIDENTAL DESIGN VARLANCE AMENDMENT - FOR 100 AND ~ Issued 1 |108 E FRANCIS Closed/Final 1 Submitted :STEPHINE 925 7017 I Clock ~Running | Dor | 0| Expires ~05/02/2016 ~, j i Owner ~ Last name ~JAMMB. LLC ~ First name 601 N MILL ST 108 Phone 1{9701 925-7819 Address ASPEN CO 81611 1 Applicant 91 Owner is applicant? Il Contractor is applicant? 1 Last name WAMME. LLC First name ~ ~ 601 N MILL ST ~ ~108 ' Phone I(970} 925-1819 1Cust f ~29393 | Ardrpqg IASPEN CO 81611 ' | Lender d | Last name ~ First name ~ :i 1 Phone 11 1 - Address 1 1 , AspenG0135 (server angelas ~Â¥~1 ofl ~ j at Â·11= 540 Â¢ 650Â· 00 1 44Â£ 6/1 bell-â€¢â‚¬ r 56069 plus CD. A *Ii-P LE /tls se;01% Moine)~ ~ xecliooll j â€¢dno,0 qu-11 .... PUBLIC NOTICE along the north line of Block 64, City and Townsite N Of of Aspen, a distance of 288.99 feet to the north- I DEVELOPMENT APPROVAL west corner of said Block 64; thence N30 degrees I 59'37" W a distance of 107.34 feet to the point of I Notice is hereby given to the general public of the beginning, Pitkin County, State of Colorado. On approval of a site specific development plan, and May 22nd, 2014, the Community Development Di- the creation of a vested Properly right pursuant to rector granted an administrative Notice of Approval the Land Use Code of the City of Aspen and Title for Residential Design Standard Variance to allow 24, Article 68, Colorado Revised Statutes, pertain- a group of windows in two areas of the primary ing to the lollowing described property: 100 and residence and a group of windows in one area of 108 E. Francis St. legally described a parcel of land the secondary residence to span between the known as the Given Parcel being described at Re- 9'-12' area, as measured from the finished first ception #499350 together with a parcel being dee- floor, or as measured from the landing 01 the interi- scribed at Reception #405579 in the records of the or staircase, as appropriate to the specific location. Clerk and Recorder of Pitkin County, all being in This approval is an amendment to the prior admin- the City of Aspen being more particularly de. istrative approval dated November 27,2012 (Re- scribed as all of Block 63, part of Francis Street ception No. 594345). and part of Center Street as shown on the City and Townsite of Aspen Map; a portion of the NW 14 SW For further Information contact Sara Nadolny at the ; 14 of Section 7, T. 10 S., R. 84 W. and a portion of Aspen Community Development Dept., 130 S. u the NE 14 SE 14 of Section 12, T,10 S.,R. 85 W. all Galena St, Aspen, Colorado, sara.nadolny@cityo- I in the 6th P.M.: Beginning at a point on the north faspen.com, (970) 429-2739. line of said Francis Street and 24.00 feet easterly of the west line of said Center Street also known as City of Aspen Garmisch Street, from which the East 14 corner 01 Published in The Aspen Times on May 29,2014 said Section 7 bears N08 Degrees 54'19" E a dis- (10221927) tance of 926 25 feet, with all bearings being rela- I tive to N14 degrees 50'49" E along the centerline of I Garmische St; thence N14 degrees 50'49" Eat distance of 121.59 feet' thence N33 degrees 03'19' E a distance of 42.12 feet' thence 07 degrees I 19'05" E a distance of 112.35 feet; thence S70 de- grees 18'15" E a distance of 239.94 to the south- west corner of the vacated parcel described at Re- ception #405579 (Ordinance No. 13, Series of 1997, City of Aspen); N902 degrees 00'0" W a distance 18.56 feet; thence S72 degrees 18'08" E a distance of 44.16 feet; thence S79 degrees 11'00" , E a distance of 7.90 feet; that a parcel 01 land de- scribed at said Reception #499350; thence S06 degrees 18'51 'Wa distance of 103.11 feet; thence S18 degrees 12'00" W a distance of 108.73 feet; thence S09 degrees 25'21" E a distance of 52.10 feet; thence S23 degrees 21'00" E a distance of ~ 83.49 feet to southerly line of Francis Street ex- tended easterly; thence N75 degrees 09'11' W 90/ra N . -4/ AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 3)10 leo + 10% E. btvndk Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, (name, please print) -444(A Sc-j being or reprelenting an Applicant to the City o f 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 ofnotice. 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 ofnotice: 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 ofthe publication is attached hereto. _4 5,-1 Signature The foregoing "Affidavit ofNotice" was acknowledged before me this.27 day of /41;5041 , 200*, by A.96* Sc,-41 t WITN-ES S MY HAND AND OFFICIAL SEAL My commission expires: 1-16541,47 40\ 2Â£.lee. faifF-Â«1~ Notary Public 1 KAREN REEDPATTERSON ATTACHMENTS: NOTARY PUBLIC 1 STATE OF COLORADO | NOTARY ID #19964002767 t COPY OF THE PUBLICATION . My Commission Expires February 15,2016 J 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 application submittal is accepted and deemed complete by the Chief Building Official, 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. JAMMB, LLC, 601, E. Hyman Ave, Aspen, CO 81611 Property Owner's Name, Mailing Address 100 and 108 E. Francis St, legally described a parcel of land known as the Given Parcel being described at Reception #499350 together with a parcel being described at Reception #405579 in the records of the Clerk and Recorder of Pitkin County, all being in the City of Aspen being more particularly described as all of Block 63. part of Francis Street and part of Center Street as shown on the City and Townsite of Aspen Map; a portion of the NW 14 SW 1/4 of Section 7, T. 10 S., R. 84 W. andaportion of the NE 1/1 SE hof Section 12, T.10 S., R. 85 W. all in the 68 P.M.; Beginning ata point on the north line of said Francis Street and 24.00 feet easterly of the west line of said Center Street also known as Garmisch Street, from which the East 14 corner of said Section 7 bears N08 Degrees 54' 19" E a distance of 926.25 feet, with all bearings being relative to N 14 degrees 50'49" E along the centerline of Garmische St; thence N 14 degrees 50'49" E a distance of 121.59 feet' thence N33 degrees 03'19" E a distance of 42.12 feet' thence 07 degrees 19'05" E a distance of 112.35 feet; thence S70 degrees 18'15" E a distance of 239.94 to the southwest corner of the vacated parcel described at Reception #405579 (Ordinance No. 13, Series of 1997, City of Aspen); N902 degrees 00'0" W a distance 18.56 feet; thence S72 degrees 18'08" E a distance of 44.16 feet; thence S79 degrees 11'00" E a distance of 7.90 feet; that a parcel of land described at said Reception #499350; thence S06 degrees 18'51" Wa distance of 103.11 feet; thence S18 degrees 12'00" Wa distance of 108.73 feet: thence S09 degrees 25'21" E a distance of 52.10 feet; thence S23 degrees 21 '00" E a distance of 83.49 feet to southerly line of Francis Street extended easterly; thence N75 degrees 09'11" W along the north line of Block 64, City and Townsite of Aspen, a distance of 288.99 feet to the northwest corner of said Block 64, thence N30 degrees 59'37" W a distance of 107.34 feet to the point of beginning. Pitkin County, State of Colorado. Legal Description and Street Address of Subject Property The Applicant has received administrative approval to allow a group of windows in two areas of the primary residence and a group of windows in one area of the secondary residence to span between the 9'-12' area, as measured from the finished first floor , or as measured from the landing of the interior staircase, as appropriate to the specific location. This approval is an amendment to the prior administrative approval dated November 27,2012 (Reception -No. 594345). 1 Written Description of the Site Specific Plan and/or Attachment Describing Plan Administrative Approval for Variances from Residential Design Standard 26.410.040.D.3.a dated May 221 2014. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) May 29,2014 Effective Date of Development Order (Same as date ofpublication of notice of approval.) May 30,2017 Expiration Date of Development Order (The extension, reinstatement, exemptionfrom expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 22nd day of May, 2014, by the City of Aspen Community Development Director. Aitf Chris Bendon, Community Development Director 2 NOTICE OF APPROVAL For an Amendment to the Residential Design Variances Approval Previously Approved at 100 and 108 E. Francis Street Parcel ID No.: 2735-124-19-851 APPLICANT: JAMMB, LLC RECEPTION#: 610883, 06/06/2014 at 10:04:14 AM, 601 E. Hyman Ave 1 OF 4, R $26.00 Doc Code APPROVAL Aspen, CO 81611 Janice K. Vos Caudill, Pitkin County, CO SUBJECT & SITE OF AMENDMENT: 100 and 108 E. Francis Street Aspen CO, 81611 SUMMARY: The applicant is requesting an administrative variance to permit windows to span between the 9'-12' zone, as measured from the finished first floor, or as measured from the first landing of the interior staircase, for the primary and secondary residences on the site. This request is an amendment to the Notice of Approval dated November 27,2012 (Reception No. 594345). BACKGROUND: This property is located within the R-6 zone district, adjacent to the Hallam Bluff. In November, 2012 the applicant received administrative approval for two variances from Subsection 26.410.040.D.3.a, allowing designated windows to span the 9' - 12' zone. One variance from this standard was approved for the primary residence (100 E. Francis) to allow a single window on a one- story element facing E. Francis St. One variance from this standard was also applied to the secondary residence (108 E. Francis) for a single window on a one-story element facing E. Francis St. CURRENT PROPOSAL: The applicant proposes to amend the 2012 approval to permit additional windows on both residences to span between the 9' - 12' zone. On the primary residence the applicant has proposed the following windows: â€¢ One south-facing window directly adjacent to that which was previously approved; â€¢ Three west-facing windows. These windows face towards the Garmisch St. extension; and On the secondary residence the applicant has proposed three south-facing windows that are adjacent to the window that was previously approved. All windows that are proposed as part of this variance request outlined in Exhibit A, following. STAFF EVALUATION: The intent of the Residential Design Standard (RDS) is to prevent oversized windows between building stories that would create to appearance of one single story. Disallowing windows between 9'-12' above the finished first floor creates a break in a building's massing and provides buildings that are at a more pedestrian friendly scale. A variance from RDS may be approved if one of two criteria are met. The request must either: 1) provide an appropriate 1 pattern of design given the context of the neighborhood and the purpose o f the particular standard, or 2) be found necessary for reasons of fairness related to unusual site-specific constraints. Regarding the first request for the primary residence, the proposed south-facing window is found on a one-story element of the building. This is an obvious single-story element, containing no living space above it. Therefore Staff finds the request for variance to meet the intent of the Code at this location. The three western windows on the primary residence will face the Garmisch St. extension, however, they are entirely obscured from view by the garage. Furthermore, the Garmisch St. extension is not a paved street typically used by motorists and pedestrians. Staff finds these windows to have no impact on the pedestrian environment, and finds the intent o f the standard to be met at this location. In regards to the secondary residence, the three requested windows are part of one feature that is single-story in height. Adjacent to the windows is an interior staircase, therefore according to the Code the measurement is made from the first landing, and the windows extend past 9' in height. However, since these three windows are part of an obvious single-story element containing no living space above, Staff finds these windows to meet the intent of the Code. Staff finds all requested windows to meet the criteria for a variance from the Residential Design Standard in that the purpose of the standard has been met. Staff amends the previous approval (Reception No. 594345) to permit these additional windows to span between the 9'-12' zone. DECISION: The Community Development Director finds the request for Administrative Approval for Residential Design Standard Variances, as noted above, to be consistent with the review criteria and thereby, APPROVES the request. APPROWED BY: Al /:69 :t *Â¥Â¥ Chris Bendon, Community Development Director Date Attachments: Exhibit A: Approved Window Locations (Recorded) Exhibit B: Application (In file) 2 Exhibit A Approved Window Locations 100 E. Francis, a.k.a. the Primary Residence 7191~111~12-~0 - 2:&wr&==6 <41 7 2 8 -1=-=11 1 -~ 1 - JL .4.7, 2 - 1 ([1 a lII - 0 -ral - 11 \ \le Â¢1,2. 404'tu. 12 1 2&4 8 Le w f --- - 1 ....,1 l-4- . -I ---fl -er_,~,~~~~~~~~~____ ., -1/r- h 0 .., h:I " 'lit ~ Qu ' 4- _2-Â· e -Â·- 4>~-7.I-~ C~ 8 (11Â© 1.4. Â·. . -L!11: || 1--1- 5 01.,00 1 JI 1 --L-- 1 9 â€žliti 111 111 '1111'111'.111 111 1,-1 -..2 7;- I~ ~~~~ Lip..~m'im -=~ ~= ~~ "'i/F-,t'ii ' Â·i=-1 ,'_: ;Â· ~i ..~-~ -~~ ~~~ j: ~ ~~~~ ~1 'i.&-' 1~~;~~~~~ P--1 ~ ~~-_~u ~~ ~~-~~~~tt: i. 2-1 L4% 4444 ~~ *â€žâ€žÂ© CL ~""-77*~~ ~2- N ': ' 'I fÂ£1 ' ' ''El 1 L .. -1 -bl ~.9- 11111.-1---I-i' 1 - ~11 ~!11 1 r'll .11.13~~r,~1 - . i E ='11. : 61 15 -' 1 -:=-IL ~~'4:i-12329-<-0-y~-1 i -. 7.---23-1~LE-n 71-=u) 4- - . Â«PH~-1-Lir--illw-LJ ~ =-~E=1 44~12 : Â«1~1 -k;~--4EjU=Â©-Litu /493Â¢rÂ»1224 2--~~39-7-3-----1-,Â· T LE.~p--~-Â· ~~ .~,1!~L;'b~~ ~. Ii--:-2~~ ~:.I~,-U.- ~); L E--i' 1,1 1.-~ t!13.- T _%1: 0.3 1 2.1: 9.-1 ~17.6--~ '-i-1-:~ : ' .-*-~.i~ .. :1 =Â· ' ' ' ' 1 South Elevation - Residential Design Standards Variance Amendment- 336~â€¢ 1'-0' ,Â·-Â·-r---r-VAA*ANCEAMENOMENT REQUEST WWOC,VS FACAO WEST BUT BLOCKED FROM VIEW FROM NORâ„¢ GARUISCH EXTENS IW t' 1 1, VARIAME AMENDUEENT REQUEST OBUOUEVIEWOFWINDOWFACINOSOUTH SEE ALSO SHEET 28.2 L 1 / i iN - n...0 Il: 1)3 - 99 i 11. r j I â€¢ 1 1' h mr-Â¢, West Elevation at Courtyard - Residential Design Standards Variance Amendment 2 3/16Â· -1.-0. 108 E. Francis, a.k.a. the Secondary Residence 2 WINDOWS AT STAN 1 4% VARIANCE A.~ENDUENT REQUEST -W 11 7Â®r" 0 -===t__ r / \'/ 1 : t=.2 S .,-9 1 i/1 4 e le elf $ 8'...Â· â‚¬ 2 1 --. f.- r J 1 . 11 --I-- I I - i __ Vil LM OF PROPOSED 01/DE i i 1 1 1 1 LNEOFEXISTINGG~DE 1 1 1 11 1 1 1 11 2 1 1 11 1 1 1 1'' 1 11 LUI Or ULTERIORSTAIR - SHOWN DASHED A 1 1 1 1 V' 1 1 11 1 1 4 South Elevation - Residential Design Standards Variance Amendment 1 1/4..1'-0â€¢ \\ JEFFREY BERKUS ARCHITECTS, INC \ 430 West Main Street, Aspen, CO 81611 P. 970.925.7017 F. 970.925.7026 \ May 7, 2014 RECEIVED Chris Bendon, Community Development Director MAY 1. i >qut Sara Nadolny, Planning Technician CITY OF 801'EN c/o City of Aspen Community Development Department COMMUNITY DEVELOPMENT 130 South Galena Street, 3rd Floor Aspen, Colorado 81611 RE: Residential Design Standards Approval and Variance Requests for 100 & 108 East Francis Street, Aspen (Parcel ID #2735-124-19-851) Dear Chris and Sara: Please consider this letter and the attached exhibits to represent a formal request for approval of a Residential Design Standards Variance Amendment for 100 and 108 E. Francis Street (Parcel Identification Number 2735-124-19-851). The vicinity map, below, provides a representation of the site's approximate location relative to the surrounding area. f'z: 3 # & \ U >226 . 4% r -, â€¢ .1 11't . 0 --L- 8% 1.-i M -- * 1,e==GILLESPIESY b..9 En ~ WA-,1 8 <27 V,t. . r O 7 Hatarn t.*e '%11% usjyx 4(727 V '414 0 r-- \,9-44 ~ ~M. 04414*~A, l- . v t gitet \13 M Voig Â¢ . i iLM/4 I drâ€¢,au~~pffbâ‚¬ 6.5-~-~ 4///â€¢ 4â€¢-~r */*6 18 /jltÂ«~--- F* ag,-=#162hf~',4*F~ISBY<rf~A #Â°*Â°~0'L-â‚¬ 1:J~vi *2*j- :7 ' W, 01 1-'31ia,IF I f A. 0 V W. Vicinity Map - 100 E. Francis Street, Aspen Page 2 of 4, 100 & 108 East Fran . eet (PID# 2735-124-19-851) Residential Design Standards Variance Request, Planning & Zoning The application is submitted by JAMMB, LLC (owner and hereinafter "applicant," see proof of ownership, Exhibit 1) pursuant to Chapter 26.410, Residential Design Standards of the Aspen Land Use Code (the 'Code"). The City's Land Use Application and Dimensional Requirements Forms are attached hereto as Exhibit 2. Authorization for Jeffrey Berkus Architects to represent the applicant is attached as Exhibit 3. A Pre- Application Conference summary is attached hereto as Exhibit 4. An executed application fee agreement is attached as Exhibit 5. The applicant's representatives have already met with staff from the Community Development Department to discuss the proposed development of two homes on the property. Based on that meeting, it was determined that the additional windows spanning between 9ft and 12ft on both the North and South Residences would be eligible for an Administrative Variance, amending the prior approval of Administrative Variance. Variance Requests With regard to Variances from the City of Aspen's Residential Design Standards (the "RDS"), the Land Use Code provides at Section 26.410.020 (D)(1) that an applicant, ...may seek an administrative variance for not more than three (3) of the individual requirements. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the Community Development Director shall find that the variances, if granted, would: 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 is used in the development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the director 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. In the current case, the applicant is requesting variance from the following Residential Design Standard relating to window heights (26.410.040(d)(3). The standard is enumerated below in italicized text and is followed by a response demonstrating why granting of the requested variance is appropriate. 3. Windows. a. Street-facing windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and twelve feet (12) above the finished first floor. For interior staircases, this measurement will be made from the first landing if one exists. A transom window above the main entry is exempt from this standard. The "Windows" standard is part of the "Building Elements" requirements of the RDS. The purpose of the building element standards is "to ensure that each residential building has street-facing architectural details and elements, which provide human scale to the fagade, enhance the walking experience and reinforce local building traditions." . Page 3 of 4, 100 & 108 East Fran eet (PID# 2735-124-19-851) Residential Design Standards Variance Request,Planning & Zoning South residence: The South residence was granted a variance for the 9-12ft window standard on November 27, 2012. (See Exhibit 6, page 3, Item 3.) The current window condition, for which we are requesting an amendment to the administrative variance, is shown in Exhibit 9 on sheets Z-RDS2 and Z-RDS3. Window 174 (Sheet Z-RDS2) is directly adjacent to the windows for which a variance was previously granted. Although this window spans into the area between 9ft and 12ft above the finished first floor of the residence, it is clear that this window is located in a single-story area that simply have extra volume but no second story above. The fenestration design and layout is wholly consistent with the style of architecture, which reinforces post-war local building traditions, and provides an appropriate pattern of development considering the site's relatively unique and isolated nature/context. Additionally, this window is located 94ft back from the property line adjoining the Francis Street bike path and is obscured by the large heritage trees along the path. Windows on the west elevation of the courtyard of the house (see sheet Z-RDS3, drawing 2) face toward the street of the North Garmisch extension; however, they are completely obscured from view by the one-story garage wing of the building (see sheet Z-RDS3, drawing 1.) Furthermore, they are located 153ft back from the property line along that street, and the entire fagade is obscured from view from the west by the veritable forest of heritage trees on the western side of the property. None of the proposed windows that span into the 9ft-12ft zone are contrary to the spirit of the standard, and the design creatively and appropriately addresses the unique setting of this property. North residence: The North residence is a one-story building that was granted a variance for the 9-12ft window standard on November 27, 2012 (See Exhibit 6, page 2 and 3, Items 1 and 2.) The current window condition, for which we are requesting an amendment to the administrative variance, is shown in Exhibit 10 on sheet Z-RDS4. Windows 006,007, and 008 meet the standard of not having glazing between 9ft and 12ft above the finished level of the first floor. However, the space behind these windows is a stair descending to the lower level. The code states that "For interior staircases, this measurement will be made from the first landing if one exists." The only landing of this interior stair is a lower landing thus creating a condition where the 9ft to 12ft glazing falls between 2'-5" and 5'-5" above the main level finish floor. This location is not one where a second floor level would typically exist. Additionally, these windows are set back 243ft from the Francis Street bike path, are hidden from view by the South residence and the large heritage trees. In summary, the proposed development and windows shown comply with the spirit and intent of the window standards. The foregoing narratives coupled with the accompanying drawings demonstrate that the limited extent of the requested variances are justified by the context in which the development is proposed, constraints specific to the site and the proposed design's continued ability to promote the purposes of the particular standards. Page 4 of 4, 100 & 108 East Fran eet (PID# 2735-124-19-851) Residential Design Standards Variance Request,Planning & Zoning It is requested that the Community Development Director and department approve these amendments to the 9ft-12ft window standard variance granted previously. If you should have any questions, of if I can be of further assistance, please do not hesitate to contact me. Sincerely, Jeffrey Berkus Architects, Inc. L/\Ill i Jeff Berkus Principal Exhibits: 1. Proof of Ownership, legal description of property and title commitment 2. Land Use Application & Dimensional Requirements Forms 3. Authorization Letter for Jeffrey Berkus Architects, Inc., to represent the applicant 4. Pre-application Conference Summary 5. Application Fee Agreement 6. Recorded Approval of Residential Design Standards Variances, dated 11/30/12 7. Site Improvement survey, prepared by Schmeuser Gordon Meyer 8. Site plan drawing prepared by Jeffrey Berkus Architects, sheet Z-RDS1 9. Elevations South Residence prepared by Jeffrey Berkus Architects, sheets Z- RDS2 and Z-RDS3 10. Elevation North Residence prepared by Jeffrey Berkus Architects, sheet Z- RDS4 THE CITY OF AspEN Land Use Application Determination of Completeness Date: May 12.2014 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0041.2014. ASLU - 100/108 E. Francis, Residential Design Standards Variance. Sara Nadolny will be the planner for the land use case. J Your Land Use Application is incomplete: Please submit the following missing submission items so that we may begin reviewing your application. No reviewÂ· hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ' ~Your Land Use Application is complete: 0., If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, /44Â«-L - tefinifer *Nan, Deputy Planni ector City o f A*Sn, Community Development Department For Office Use Onlv: Qualifying App]ications: Mineral Rights Notice Required New SPA New PUD Yes- No_*_ Subdivision, SPA, or PUD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes -No_~_ Commercial E.P.F. Lodging Elm ~ EXHIBIT 7 572 18'08'E'44.16*4 #.0 3 - Improvement Survey Plat - Â¢# F,J;1055 COP 5,51'954 , --'Â·,4.,,44 0.73/Â·,AÂ· .Â·,0.â€¢ r.,tÂ·â€¢Â·rt,VUÂ·rÂ·'Â·4'~ :-4.' 1Â·41 FiÂ»I-*-----DK~-'CIZy .. ,< i , /6, 4- - 7.90' 100 E Francis 4 1?1Faed / ..4-7Â·(P Â·1Â·8'15't (Basis of Beorings) 2/nÂ·.i. A.â‚¬â€¢,Â·7:1:-Â·Â· . Â·Â·J ~, ,l r. ~ . Â·% - 4 1 - . - - LEGEND - , / + U \ Â¢2 6 . " " 239.94' ..Apy.â‚¬09014~ #8. O - Found Monument as Described ' atfac ~ 15.15'22,9 Aspen, Colorado 7856 0 - Found Rebor & Cop LS / 20133 ~ - Dectfic Tronsformer C) ad Â·> 0 - light Po/0 - Â· ' ~ - Dect" Meter .9 - 4<0 20.06 1 21 - Dectric Panel ..me' 0 .4. 2 00 '79 \ Â© - Elect,ic ;Wonho/e Â· Â·~ ~ f . . -1 ' corn' Â· 0- Uttity Ao' 0 201 40 \ 1...2 -9 ittf Mt'Zi*/ ~~~~ 9 90 lam y 0 . 8 - Telephone Re . ot.* d<f ... Â® - re/ephon, Alinho/e 7;142....jaITE ..6: =:.er 4.J~kef A - ..te'.* J ' Si.,1 26"-24 1 - W.ter Miler .Â· /g - Fire Hydint r 'Mul , - - - r- $ - /ater Shut-on . Â· - I '.WlÂ¢4.- Â·Â·r . i. - -- 1- 1 v~ ,0 1p- r~40Â£ 40 - Ilf/er A,for,h/e . 01 - < I *â€¢ . L - 1-W*il- .\" - , 9.2.. 1 ... 1 -: .... < Gr'~,6d~~' 4 -Â· Â· .y:Â·:171%15. v ts - 12' -- , >F - Water Spigot 1 r c.ft .,-,A--r N 14'"-28 8-709 0 . % 0 - p/p* \ ~U~ 04 - *gotion Cont Va~ve 8"-14' 6"-12 O - SG,litwy Sewer Wonho;e - VICINITY MAP - 03 ...0 - -. I ~or / SCALE: 1 INCH - 2000 FEEt-1 ~;,9 ~- 14,4-/3;~~4- p""t e - @ - C/eonout \ D 8'-12 (Double trunk) ~ - Gos Metm 1 â€ž-12 COP 1 1 14"-74' ~& 241-22 A - Gcs 'crker Reception #405579 in the records of the Clerk and Recorder of Pitkin C-ty, ull being in the City oi i -Gos Voi Fiwi,Ut.Dâ€ž.1648- A parcel of lond being described at Reception #499350 togeth, with o parcel being descrIed ot 1 , r 7808-3 * FU Rebor 8 1 1 7887 7 . m - 0477 Pedestor Aspen being 1 \ 1 1\ 30"-28 M of Block 63. part of Frains Street and p/t of Center Street as shown M the City and Toinsite Sign - Single Pom of Amen I,lap; o portion of the Nt'*5Â¥01 of Section 7. T. 10 S. R. 84 W. ond o portion of the /0 1864. i ~,0---14 &- Lorge,Rock/*u/der NE1/4SEI/4 of Section 12. T.10 S., R 85 W. oll n the 6* P.W. 1 9.11 76.-#61 1-T ,% J 1 - 0-0,0, more port#M, descrbed os follows i Fd 0 - Pee - *kiuous (diom-ccoopy) Beginning ol o point cn the north Me 01 sc,d Francis Street id 24.00 feet eost/y of the west lie 42--40 0.2, ) re * - nee- E-green (dicm-conopy) of said Center Street ol,0 1,nown as Gormisch Street. from *ich the Eostl/4 corns of said Sectkn 7 1 \ P to ,t; s ~ - Tree - Evergreen(conopy drown to scoje) centerline of Gormisch Strect; thence Nl 430'49 [ a datonce of 1 21,59 feet; thence N3313'19'E o ~ LS 9018 beors N0834'19'E o distonce of 926.25 feet. with al bwigs being rdoti~ to Nl 4Â·50'49-E Wong the Ill\ i\/7/ 1 5 -,- Underground Communicotions Lines distonce 01 42.21 feet thence N0719'05 E o distice of 112.35 feet Ihence 57018'152 0 distice of ~ | Wegibe 1 1 \ 2 \ 2 - 4,03 0 4 0. Underground Electnc Line 239.94 feet to the southlest corni of the Ecoted picel descnbed at Reception #405579 (Ordionce 1 1 .1 - 00 + 4 3 #13, Series of 1997, City of Amen): thence dong the boundory 01 soid vocated pcrce, the folloing â‚¬11 0 - 6/3 0 , rence/4 1 i I * _m- Sonito) Se- Line distonce 01103.11 feet; thence S1812'00-W c distonce 01 108.73 leer; thence 609'25211 0 disxonce 1 0 57911'00"E o distance of 7 90 feet thence S1575'22'W o distice of 20.06 leet to the 30--36 11 0 - 4 ' C -0- Unde/ground telphore ~our (4) courses N0210'00'W o distance 18.56 feet. thence Slr18'OSE o distonce of 44.16 feet: I ,~_ d Ari ' 3 'Â· ' / e, // 41, / /.. 4.1gfgtr 1 1 14"-20 c Gos Line northecst corner of M picel of lid descibed ot scid Reception #499350, thence 50678'51 W o L_--- ; 1 : 4 * ee - 1 - - -- ~> 1 4 L 18, \ - \ , ~ 30"~30'ZE 4.-14' ~ Â· Il ,,% 19~Â· ;' 1?,1~315?,4.0 ~. 1 14 a of 52.10 feet. thence S23Â·21 OOT o distonce of 83.49 fest to south,ly Ine of Fricis Street extended - 'It 4 '~ 4r -9 - Stann Drom Lines eostefly Thiâ€ž N75Â·09'1 W olong the north line of Block 64. City pd Townite of Aspfi. o distonce -- & 288.99 feet to the northiest corner of said Eock 64. thmce N30Â·59'37-1 0 distice of 107.34 ---- a i e \ 1 1-*re/ feet to the point of beginning contaning 2.276 ccres more or less ----- 363-39 1 \' -- E/,5" NQIES- 8 1 - -1 4Â· G 24 --300 ~ 4 -Poled lood 1 BASIS OF BEARINGS: BEARINGS SHO~N HEREON ARE RELATVE TO A BEARING OF S.7078'15E 2.276 ac 1112 ALONG THE NORTHEASTERLY UNE OF LOT A, BOTH ENDS OF SAID UNE BEING MONUMENTED VITH A --F- ----7 1 7 3%36' REBAR AND CAP, LS i, 20133. 1 1 *,4 i 7 1 |1 105 9 1 2 DATE OF FlELD SUR,EYÂ· MAY, 2010 THRU AILY, 2012 m z ~~~ ~~l 3313]111 ~1*32--32 ' / f /'(4 ...3 -l--- ----- /-' 4 ~ PERTAINING TO OWNERSHIP, EASEMENTS OR OTHER ENOMBRANCES OF RECORD HA,E BEEN TAKEN 1 . COP ' 111!IS SURVEY DOES NOT REPRESENT A HLE IARCH BY THIS SURVEYOR TO CETERWINE O*NERSHIP 10*ul 01%8 0430 '.1 R : ~ 9 1 Bebor Puppy Smith Street Vocotion FROM THE nEE COMMINENT PREPARED BY LAND 111LE GUARANTEE COMPANY, ORDER NO 1 OR TO DISCOER EASEMENTS OR OTHER ENCUMBRANCES OF RECORD ALL INFORMATION 1 1 11 /1 15 -0. 1 j~ 1 4%~ ~ 1 9018 4. THE ONE-FOOT CONTOURS AND ELEVABONS SHOI HEREON ARE RELATI,E TO NAW 88 DAIUM ABD62003932, DATED EFFECTIVE MAY 25, 2011. SAID TTLE CONWIT~,ENT IDICATES THERE ARE NO \ 1 5 902.82 sq /4 N EASEMENTS OF RECORD AFFECANG THIS PROPERTY. 0 1 1 .4 \ 1 U, AND AN ELEVA1101 OF 7888 00' AT MONUIENT MARKED GPS-8. QTY OF ASPEN - (PS CONTROX 1 & kip--40 1 0'Â£7-rp-,Â·4 /: C 5 1HIS SURVEY HAS 8EEN PREPARED PER CLIENT REQUEST FOR NPROVEMENI SURVEY PLAT 1 I m : 6 4 (~3961, 4 / 71 .t . U. Â» 9.01 6 UNITS OF UNEAR MEASUREMENTS ARE DISPLAYED IN US SURVEY FEET , . ~ 1 grove; pc'king orea Froncis & Gormi'sch Street 7 THE POSITIONAL TOLERANCE OF THE FOUND MONLAIENTS FOR THIS RIR'iâ‚¬Y IS LESS THAN 1.15,000 1 X 1 1 1 1 1 1 26â€ž- 307 4 -ft. ' ''K' ~40"-050' ' ~Â· ~ Â· ~0 (**c Center Stm ~ ~ ,~1~;, ; 1 14 ...f / b + Former Right-ob-Woy 8 FENCES SHOI HEREON ARE FOR REFERENCE ONLY AND DO NOT NECESSARILY IDICATE LIMITS OF : Deeded Street Area 33553 sq. ft. OWNERSHIP locoted l i + e , l â‚¬' / \ = u / /1 Ir dic~er r:nes Book 16 Page 534 9 THIS PROPERTY MAY 8E 98,ECT TO APPARENT EASEMENTS FOR EXISTNG Un UTIES OUR POSSESSION ANY COPY. FACSIMILE. ETC., OF MS DOCUWENT MUST BE COWPARED TO THE 10 SGM WILL NOT BE RESPONSIBLE FOR ANY CHANGES MADE TO THMS DOCUMENT AFTER IT LEAVES 1 d1.,2.--lk-1--7 ..h - - ORIGINAL SIGNED, SEkED AND DATED DOCUVENT TO INGIRE THE ACCURACY OF THE INFORMAI}ON 1 SHOWN ON ANY SUCH COPY, AND TO INSIRE THAT NO SUCH CHANGES HAE BEEN MADE 1 1 le e 60 1 Q. J , 0 0 1 1 1 / f , f f.â€ž2> 1 I - ,~ 1 1 , / /* V 0 32 V / 1 / / / / / / ~~â€¢~*~~~~~~~ ~i' 1 THE GROUND AND HAI BEEN SHOWN BASED ON MAPS PROVIED BY Cir( STREET DEPART,ENT 7 - / 2 fic .7 1, i ./ / f / 1/ f// / / f / 11 CONNECING UNES FOR 50*â‚¬ UNDERGIBUND STORI AND SANITARY LINES IRE NOT MARKE ON -P/on"/ - 0 0 'N30'59'3'ZO~-y k, /1 /~ ft, . LA. AND THE ASPEN CONSOUDATED SANITATION DISTRICT I ' 0 V. ..h 0 12. ANY SUBSURFACE UnUTIES NOT SHOm HEREON VERE NOT MARKED BY APPROPRIATE UnLITY m >22 29' 9 -------- e 50.64 ' - *'8--2* 107.34' 1 / i < q i 11 lilli ''. \ 4.-40. 1 1 1 1...1 1 ~ 12 -4 e ./. O. COMPANIES AT THE TINE OF THIS SURHY WENT/CONTRACTOR EST CINTACT SPECAC UlluTY V ../// // 11.. griver 11 .1 -W DRAWING SCM WIU NOT BE RESPONGELE FOR PROTECTION OF SUBBIRFACE UnunES NOT MARKED COMPANIES TO VERIFY BOTH THE LOCATION AND DEPTH OF RESPECInE UTUTIES. ADDInONAL SURVEYING IRK WAY BE REQUIRED TO SHOW ANY SUCH SUBSURFACE UTUTY LOCAIONS ON THIS / ON THE GROUND AT THE nIAE OF THiS SUR,EY . '11 111~7Â«707-,1 6. ...<--*. 9- --~.--Frallels Slrâ‚¬*t....._:7'19*kt;392.\4 . ' . 14.3.18 DATED JUNE 4, 1987, PREPARED BY nIE FEDERAL EMERGENCY MANAGIWENT AGENCY. THE SUBJECT f : - f .- Â· F - -Ulal--1-A-lm.---7%~FE'~ R--3-w) Rebor N31 f 13. BASED SOLELY UPON THE FLOOD INSURANCE RATE NAP (COMMUNITY PANEL NO, 08097C0203 C. & C.p PROPERTY IS DE9GNATED AS BEING SITUATED IN ZONE X 'AREAS DETERMINED TO BE OUTSIDE __uir.-7--7- .1.:-'*fÂ· ' 500-YEAR FLOOD PLAIN(. -/ 01-urÂ«zes:~--c .. 1-Â»ur . 14 8ASED SOLELY UPCN FIGURE ES-5 OF THE 2001 SURFACE DRAINAGE MASTER PLAN. THIS c L.23 0/ ~ . PROPERTY IS NOT SITUATED IDIN ANY OF ME POTENTIAL GEOLOGIC HAZARDS AREAS DEPICTED N7509'11"* ' ~%~.i--i--H' ' ...7'77-777~7Â·- .Â·34 ~ike\poth..Â·ojp,;Â·c~ .u Â· gro,W ~ THEREON U~ ~ C---ill-1 - --UT-~UT-WÂ·-4 24444 21Â¤~Kh.C*liaE C*-, 4 ]. DJJ 1 47 6/. -.-IrT--UT 1 Rim * 78g, 7Â· _1 , 1. Dofd A. Cooper. being o registered Proiessionol Land Surip, licensed in the Stole of N/ '74#<P:% Blj 42.-7-=El-~.oÂ·tÂ· -.-,- .4--Ir. L_10-.-5 ~ - '~ ~ ~ '104Â·Flatll.2.11102~.LL-- -4,1 ~1 / *nve/ = 78722' Colorado, do hereby thai this is on Improvernit Surwy Plat os demed by CRS 38-51-102(9). -- 1-----1- 1.240369 ur NKÂ·<Â»*43* Â·~~ ' '93:. +~e'*32=Â£UÂ«L_-sst-- ~ /Â·'4=4 ',<,->*i---g;-2__~r~sT .1-yÂ·t-/-9 -/ -/ -.1-.-. 1--ST --IT -s -ST --1-9 . --EST ---7 -7-- t 1 --------------_-------__t-----'% --Â·-ST ____*--ST ~ t Am A-5 / resulting from o monumented Iqnd SUrvey. showing the current locatice of oll signil'mt "sble .I.-Il-+-, 1 encroachments. ond all eosements and rights-of-way of o public / priwte noture thot ore 1nve1.N = 7874,3 of / boundaries of such parcel. ond 0120 any visible /wflicting boundory evidence w \ \Block 56\ ~95 visible. or apparent. or of record. and underground utilities described in / other sources os 1 specified in the title commitment referenced hereon, i <Â· r< Â·.Â· ~Â·01.0 ~i-7'[ - - ond thot this Impro-ent Survey Plot -os 1 1 1 A Â©1 1- - -- ~ prepared by Sal, on this date, 1 April 8 2014 based on site r. " DEM 1 30 S GALENA ST AS~EN l am = 789' 3,3 ' strudufes utilities, fences. hedges or wolls situoted on the descrbed poicel md vithin tiv feet 6 * 00Â© 1 *n,et \Â· A Â·. ~ o .1,â€¢ . 4.1--1* 4 4%,0 1 - I 1 1 00 1 1 conditions os they existed during David A. Coopel -7Â©45-N Pt '1Â· . Fm /lm.37' * " Â· .,*'.Spi 49% 01 1 6211 1 0 lield survey most recently Colo. Reg. P.L.5. # 290)30 5 - -6>444 1 VE G &2 131 O/ 7 77 3.-Â»2-7.14 K.'a Â·Â· 4-A 11~ 1 \ under my direct superuision md For and on i@** JOY'~ 2 63 ~ O /nâ€¢ le/4 78773' ~ . Â· w & e" . performed on November 1, 2013. i.2- I. â€¢ 78032' h*Â·.--Â·'&1'+2'r 0 909 1 I checking and thotitis true and behall of SGM + 0 ifÂ»>~--_ | 1 correct to the best of my 1 0 * \ t . Â·- - Â· -i Â· - Â· ta 1 4,Â·71â‚¬h 1 6 1 knowledge ond belief. 1 1 1 # Revision Date By job No 2010 364 006 Notice: , M-sho- s/Ve "ni "1, reAIns, site faolum /*84 mac 9/29/13 4= Drawn by doc ~ Accord~ng to Colorodo Low. you must commence any legal action bosed upon ony defect in this 6SGM 100 E. Francis 2 odd setbcck, up,jote mop to reflect /moved trees(per /11 perm/) 9/30/13 doc Improvement Survey Plat su,vey w;thin three yeo. ofter you Nrst discover Date M.eden V.Zt~inâ„¢ts st~rm~ection ~~132~ ~-p~nif~t>~itli?0 3 odd gctas. spot /ewations. adiust contours & deck. */1 lines. etc f 1/5/U doc 4,8,14 Immenced more thcl ten yeor. from 'he dole Aspen, CO 4 revi- free 'colons I' deck crea 1952/U dic Approved oil c M oer#,7,0/Non shown h.*on 970.945.1004 www.sgmÂ·inc.com 5 rev$sed square footeges for "y "0 (part of FronciÂ«Gormisch si) 72/76/13 .2/ File EFroncis-EC- 1 40408 309% PleA I 9(22 !4#4%%*Il 0,Â·\/10\3640~ 200 E kncis\/41/Fmncis-EC- "0408*g Soved rue. M *r 20!4 kÂ·5Â»m P,oiled: TuA 00 Ap, 20,4 210pm Koope, ~ EXHIBIT 8 \ JEFFREY BERKUS ARCHITECTS -Iili --- \ \ \ t / 430 WEST MAIN STREET ASPEN, CO 81611 g-h e - 1, e ) / e PHONE 970.925.7017 FAX 970.925.7026 INORTkPRESIDENCEEI 1~-/ ' SEAL m 17 3,~Â»L=-F VARIANCEAMENDMENT REQUES~ ,-- :9 / MONDOWS ATSTAIR SER SHEET Z-RDS4 n. 9>4 , , ; ; ' ' I. '' . .... ISSUE 1 1 1 1'' 11* /, f . C * ) 05.07.14 ZONING: RDS VARIANCE ' ' ~ ADMINISTRATIVE AMENDMENT j / ff\, li~ 1 J er.-4-6 : 6&14() 3 ''',: I. ./--*. 1 1 , f / , 'I, . I 1[ f \ \\ 1 1 1 ma--J -----, - 1 1 i 2- . - ' ' 443 / -(3 1Â«- - - J *.-\ k ' , /, e #y.,4 .::-- -3: ",(~3 L--.-:AR - e , 9--NT 31. t. -41)- ''' --V J Â¢~ i )1 0 ----*2-0 , 4 0 4 'b 1 L/ , e ' 31 k 10 /,--f 1 PROJECT NAME ' / k--- - 1 C .0 ,. 4. ," e'*s,ll.' ~ ~ ' 3.-- ~,, ~I~4 _ -<'~--Rjo i _ -_ _ff,,, ~ 4-13 . ~SOUTHiRESIDENCEI ':- ~7-# ff fi â€¢,__-9~9223Â»o ~~ ; hE~ ' ~ 100&108 . I EAST VARIANCE AMENDMENT *~ FRANCIS REQUEST ~--- Nt:Z:1 01 1 1 WEST AND SOUTH --1 WINDOWS AT STUDY '' ':1 <1\ SEE SHEETS 0 PROJECT No Z-R[)32 & Z-RDS3 / 1 r~'~~E - ) 11001.00 291/-1 40. - - 1,1 . ~ j , SCALE 1 - LU -/ , 6 1 0 SHEET TITLE ~ ~ PROPOSED SITE PLAN i 'tv< '.1 * , Zoning Residential Design 0 Standards Variance --- - Administrative Amendment < ~ -~ ~ Request -Windows 18\-, 0,1,/. 1 -11 SHEET No. j //7--/ / - 1 11/ -Â«41 - Pfe .1 Z-RDS1 5 ' ' /' 4 \\ \\4 ' ----*66.--- 1 --34.- j // 1 NORTH AND SOUTH ~ ~ RESIDENCES A,Icâ€¢U.c S 1 , 2.-1$011.Â«S.â€¢1-MA'ON-Â¥.uaLI. Jull~ ' *#. -*R~.C7551~URET- a, 1 Co-ION i AW STAn,r,0- Ah,i OTâ€¢Gl .SERÂ·vED RI-r8 KII[-0 ccpm,c,Â·T -.â‚¬RET' ross I I 4 EXHIBIT 6 NOTICE OF APPROVAL For Two Residential Design Standard Variances at 100 E. Francis Street Parcel ID No. 2735-124-19-851 APPLICANT: JAMMB, LLC REPRESENTATIVE: Mitch Haas - Haas Land Planning, LLC SUBJECT & SITE OF AMENDMENT: The Applicant is requesting three Residential Design Standard Variances for the property commonly known as 100 E. Francis St. (lengthy legal description attached as Exhibit A), related to the redevelopment of the subject parcel with two single-family residential units. All three variance requests are related the same Residential Design Standard regarding window span, discussed below. SUMMARY: The Applicant has requested three Residential Design Standard Variances related to three different window locations - two on the primary residence and one on the secondary residence. The Applicant has requested these variances to permit three separate street- facing windows to span through the area between nine (9) and twelve (12) feet above the finished floor. A request for these Residential Design Standard Variances are required due to the language in City of Aspen Land Use Code, Section 26.410.040 (D)(3)(a), Residential Design Standards, Windows: "Street-facing windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and twelve (12) feet above the finished first floor. For interior staircases, this measurement will be madefrom the Jirst landing if one exists. A transom window above the main entry is exempt from this standard. 100 E. Francis is a lot with two street frontages - Garmisch St. (as it extends noilh as a public right-of-way, but is not a paved street) on the property's western edge, and Francis St., which extends along the property's southern edge as a bicycle/pedestrian pathway. This standard applies to all street-facing facades of the both proposed residential structures. In order to obtain a variance, the Applicant must meet one of two criterion per Section 26.410.020 (D) Variances of the Land Use Code: 1) Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. RECEPTION#: 594345, 11/30/2012 at 03:37:39 PM, 1 1 OF 7, R $41.00 Doc Code APPROVAL Janice K. Vos Caudill, Pitkin County, CO . 2) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. STAFF EVALUATION: Staff supports two of the three proposed variance requests for the development at 100 E. Francis St., and finds that these two requests meet the criterion for Residential Design Variance, as per Section 410.020 (D)(1) of the Land Use Code. These variances are as follows: 1) Primary Residence: The Applicant has requested a variance from the aforementioned Residential Design Standard to permit windows at the location, designated as No. 1 in Figure A below, that will span 9'-12' from the ground level. Staff feels that a variance from the Residential Design Standard for the glazing requireinents at this location provides an architectural enhancement of a portion of the building that has been designed to benefit from full extent of glass. This is a one-story eleinent of the building, and does not appear to represent two stories, Furthennore, this area is set back nearly eighty feet (80') from the Francis St. property line, and therefore has limited exposure to the public way as the structure is experienced from the Francis St. right-of-way. Staff finds application to meet criterion no. 1 for a variance at this location. S 4. / 4 LL !Â£i Vp -/*. I. qN f r i ; 'I I'-f....' zk~..441%2- '--'JiT-' 4-~:g"..'---:GERES}DENCE.*2-Â·51 -~<14 -1:Â·A'Â·2Â·5Â·-Â·<.~1.- ....f.Â· Â· t p-4_- 3* 466*44.3--Ii*K+~A,jF Â· .:.Â·'\ Â·-- tl]-1,~~11-~Clu.12111 1-;..9.h.....:4..4.' n \/ .t'i ,/ f ~il -1--i--t- ir.LIZAWMI*Il"5'1-t-r- 9 2 c ; 4 De \ 1-'k. 0-r.1-1114 irfil 1** 116 2--3-1 i i 8 \ / 14,1718*Ff.-~ i79LUÂ·f -K /1 / ' , .1 , / .1 -,2-1/WriERUE; fo â‚¬#/2 ' : '4 - g{/:3=-,Â·f~Â·Wrs:4 Â· 1 *11Â»set.J-1-2 1 1 Icl i ILJIF-i Ih-33-gll i\ - / i .\ LILIJ'll i-*SUN - .. 1 - - I -Â«27,/ - .+â‚¬.~ . i 1 ~,;ihf<E-IDKA L# Â· .Â· . c , 01&447"- , i .. A . 1 i 1/: 7etSt"MVVE' ..... f i . : 1"49~<g~ - r. 1 f : 0 ~ ..v f ~" ' :U SECTION '9',~ART 20 ' . Â· SECTION'07PARÂ¥20/ ' -4~= - . , 1 ! I. \\ Figure A: Site plan depicting area on the primary residence of the first and second Residential Design Variance requests. 2 je 2) Primary Residence: The Applicant has requested a variance from the aforementioned Residential Design Standard to permit windows at the location designated as No. 2 in Figure A above that will span 9'-12' from the ground level. Staff does not support a variance request for this location. Rather than a single window that serves as an architectural feature, this area contains multiple windows that span an entire length of wall. The building at this location can be perceived to be a two-story structure with windows spanning between the floors, Staff does not find that the architecture in this location of the building to be impaired by following the Residential Design Standard, and does not feel that the application meets either variance criterion at this location. 3) Secondary Residence: The Applicant has requested a variance from the aforementioned Residential Design Standard to permit windows at the location, designated as No. 3 in Figure B below, that will span 9'-12' from the ground level. Staff feels that this request meets the criterion in a number of ways. This area complements the architecture found on the primary residence at the location of the first variance request, therefore providing a similar architectural vernacular within the proposed buildings on the site. Permitting glazing between the areas of 9'-12' here provides an architectural enhancement of this portion of the building that has been designed to benefit from full extent of glass. This is a one-story element of the building, and does not appear to represent two stories. Furthermore, the secondary residence is set back significantly from the Francis St. property line by approximately 220'. Although the Garmisch St. right-of-way borders the western portion of the property, this is an atypical public way, in that it exists primarily as a requirement of the City's Fire Protection District to access the back portion of this and the neighboring parcel. This is an unpaved right-of- way that extends from the intersection of Francis and Garmisch Streets, and is not a through street. Thus, this building has virtually lie exposure to the public uway. Staff finds that the Applicant has met the criterion no. 1 for requesting a variance from the applicable Residential Design Standard at this location. 1 ---- ... 1 * 1 1-. /--7-- -- 1 I /0,1 97Â·â‚¬91 ' f r-- .4%144=t -7 '. .-'d. I 1 l.4*bliNEE * 4 23 1,10 ; Irk*Ailit tiv~.'17~~7131111,1 19 'Lf . g'â€¢4 1 -Â·-Â· 1/Â· RA * /$4*Ar#FASHA p -41-] 1 .- 2 1 22(GROss)1Â·ULM='u Â· - 0/ 1411 U61 2445Â§254--iff-'63Â·U~lu-Al .rl i 4- 1 / /2413:4146,1.- -- fi- - - I ...2.Â·f)2Â·.â€¢.cam...1.. JI . 7 /9.-'* L- -- Figure B: Site plan depicting area on the secondary residence of third Residential Design Variance request. 3 DECISION: The Community Development Director finds two of the requested variances (designated as No. 1 in Figure A, above, and No. 3 in Figure B, above) from this Residential Design Standard to permit windows to span between 9' and 12', as measured from the finished floor, to be consistent with the review criteria (Exhibit C) and thereby, APPROVES the variances as specified below. The Community Development Director finds one of the requests for a variance from this Residential Design Standard to be inconsistent with the review criteria for this type of request, and denies approval at this location (designated as No. 2 in Figure A, above). The approved variances to 100 E. Francis St. allows for the construction of two areas of window at the locations depicted as areas No. 1 on Figure A, above, and No. 3 on Figure B, above, to span between 9' and 12' as nieasured from finished grade. APPROVED BY: 44 ~jl#- 142/ Chris Bendon Date Community Development Director Attachments: Exhibit A - Legal Description Exhibit B - Site Plan & Elevations Exhibit C - Review Standards Exhibit D - Application 4 . Exhibit A Legal Description of Subject Site A parcel of land known as die Given Parcel being described at Reception #499350 together with n parcel being described at Reception #405579 in the records of the Clerk and Recorder of Pitkin County, all being in the Clly of Aspen being more particularly described as follows: All of Block 63, part of-Fraticis Street andpart of Center Street as shown b# the City and Townsite of Aspen Map; a portion of the NWIMSW1/4 of Section 7, T. 10 S,, R. 84 W. and aportion of the NHI/4381/4 of Section 12, T. 10 S., R. 85 W. allinthe ah P.M.; Beginning ata point on tile north line of said Francis Strwt and 24.00 feet ensterly of the westline of sid Caliter Street also knowaas Garmisch Street, from which the East 1/4 corner of said Section 7 bears N08 DEGREBS 54'19"B a distance of 926,25 fbet, with allbearings being relative to N14 DEGREES 50'49"Ralong {te denterline of Garmisch Street; thence N14 DEGRBES 50'49"Ha distance of 121,59 feet; theuce N33 DEGREES 03 ' 19"2 8 distance of 42.21 feet; thence N07 DEGREES 19'05"13 a distance of 112.35 feet; thence 870 DEGREES 18'15'93 a distance of 239.94 to the southwes{ corner of tlic vacatedparcel described at Reception #405579 (Ordinance #13, Series of 1997, City of Aspe,}D ; dience along die boundary of said vacated parcel (ho following four (4) courses 1102 DEGREBS 00'00'17 a distance 18.56 feet; thence 972 DEGREES 18'08']E a distance of 44.16 feet; thence S79 DEGREES 11'00"H a distance of 7.90 feet; thence 315 DRGRUBS 15'22'1;V a distance of 20.06 feet to the northeast corner of that pilrool of latid described at 4Rid Reception #499350; thence 806 DEGREES 18'51"W H distance of 103.11 feet; thence S18 DEGREES 12'00"W a distance of 108,73 feet; thunce S09 DEGREES 25'21 "13 8 distance of 52.10 feet; thence 323 DEGRBES 21 '009 3 distatice of 83,49 feet to southerly line of Francis Street. extended easterly; Thence N75 DEGREES 09'11"W along the north line of Block 64, City and Townsite of Aspen, a distance of 288.99 feet to the northwest corner of said Block 64; thence N30 DEGREES 59'37"W a distance of 107,34 ket to the point of beginning. County of Pitkin, State of Colorado. 1 Exhibit B-1 Site Plan -j \\, ... 1 1 -<. - .\4*. 1 1 4\. + 44 i - ----- ..49 -9'J.Ch(* \04\ " - 4, P=7072 - 4(1 +Latlitd, ICLy 4 .) ...re...PARÂ¥,1 ( 6.4. q / k -, e.ru / . 4 \ 1 4 2- , t 1 '' -6 f I. , r / ( 3* \} , I 911\%4, 4.41 * j f I K. 3.%/ 1 0 , 3 1111 8 -4 J (St- j p ' 11 0 %. , , 1. 1 . %. 1 /,ip.lkek ) - 41 el i -73~ 4.~ # Bl ti . ; jan>/7: , B' 0/ ; 4 b. f..4// j 1 , 10 1 *1 - .in I , / V < 'A' F.A 11 Im -3 4 11 , J - - 184 j -.1/râ‚¬.6*Â£/ 1: . 41''i; l..2-,/Ft# Ixi ~-7 6 f j 'f l 1 1 I :1 ~ ~Â·,\ 1-j 034)1 ~4G7. Â·~ Â·Â·Â·r.~'dk~ 3 ~ 0 ~ /1/ '944 \ - F 1 .~-IT,w : ./ -Â· 1 LI~t Â·---PI,-9 P : Â·, ~--JN I' . Â»41 A . / 1 . r 4) ..1 - 1. I .1 - . f /' 4~ ~ \ 141=4Â·;.117'1 , Â· , * 4,EcT,6#4 Â·'&1 , 4. . : 1 . t :t ' f â‚¬ 4 7&4 1,1 \ 1, \ 9 ;. 2-4*12.--,. DL ...4 f _ 4 }02 1 I 49, 1 N , 7 '-.Ilitri $ &4- --Â»4 ~ --- - - <ij'- 1 Elli - k-LL*) f ~ 1 , --aÂ» #4 : , ; 4%41.1 ' caa / 1 Imil Fv=Â©01 1 01;00,1.RY,1.65 Exhibit B-2 ~-04â„¢V bOOR AND POACM / FCING PRINCÂ»aL-DO.%, STREGr FAC ISPI-C,Pn We**1.7 Building Elevations Fila'/TOIAâ€¢ El.,-MENT J j Areas granted variance in 23 | yellow. _11[ I --~'Lf .11 - 11 1 1 1 1- 1 1 9 r 1 1 .11 11 1 - al :; 1 f= Â«11/ 1 4-1-1-11 - 1 i ! -L ~' t 1 ~ RESIDENCE 1: STREET ELEVATION. SOUTH ~-Â·-9090'CDONT'1Â¥polol / r-,co ~ / 11//1 3 L/[--7~ -il 11 1 m 2 1 4-3 1=-1 11 11 ~ RESIDENCE 1: STREET ELEVATION.SOUTHWEST 8~ RESIDENCE 1Â· STREET ELEVATION Â· WEST -....9//W li r--.- / rÂ·,Ats: sro.Yal,ICNI 1 1 41 11 A RESIDENCE 7 STREET ELEVATION. SOUTH U /*,nâ€¢Â·,/ m RESIDENCE 2 StDE ELEVATION Â· WEST ~ EXHIBIT 9 JEFFREY BERKUS ARCHITECTS 1 111'Ill :121 VARIANCE AMENDMENT REQUEST \\\, .1 [El e \ \ WINDOW AT STUDY FACING SOUTH r - Lic ~ 1 20-1 e - 1 SAFE'rf GLAZED -lei\ 1 4 lo \ 1 - 1 m 29.1 | .. 7'300-(r 4 Er 430 WEST MAIN STREET EFE <'Â© Â· ASPEN, CO 81611 Â· Â£1111 k *.i PHONE 970.925.7017 FAX 970.925.7026 UFEIN SAFETY SEAL ole - /45%(kgal GLAZED 0 1 = . , 1 0 i Â· .Â£,Ek ' ----r- I ---- l 1 --ITÂ£4TTE-LPTIL.1~TP-41-2-4~71-%~911ECT~---47TLÂ·m~Iem~~ui:~_LI,,~E~~-I~~=LETn~11Â£-i i- - ,=, 4 ,=21 ~ ~ 1111111,4-111- 1- 1-7111-11-111--111 11-1,1-11 11 1 1 1 111.- 111 111 1 11.1 111 11 lilli 11.-- <0 /JEFFREY KEVAN1 0 ~ 1 1 17 11 1 1 11 ~111 1-Il|| i I I 1 1 li ./.KUS 11 1 1 1;3-1 111 11'EjE-Ii i l l 1 111 lilli 11 1 1 1 11 - 111 1,/1 !1 1 1 1 1 1 11 3-1 1 1 1 11 | |||~~||~~~ __i-_ ' ~12'~; ~~~ H'-1 1111-1 ~ I T_ -"| I - 1 |- 11 1171 IT 1 1 -111 1 1 1 1 ISSUE 21 1 1 1- 1 1 2 1 : ---2~~ ~ 'F 11.15.13 PLAN CHECK SUBMITTAL 1 1 11 - , 1 1 ------- -11~1~.11111-j- HIâ€ž.11 1 1 1 1 1 04.23.14 ZONING REVIEW 05.07.14 ZONING : RDS VARIANCE 1 --11 ADMINISTRATIVE AMENDMENT 1 -1 III- 1-111 1 1 1 lilli 11 111 7-1 1 South Elevation - Residential Design Standards Variance Amendment 3/16"=1'-0" PROJECT NAME 100 E. FRANCIS PROJECT No. 11001.02 SCALE 3/16" = 1'-0" SHEET TITLE Zoning - Residential Design Standards Variance Administrative Amendment Request Windows SHEET No. Z-RDS2 SOUTH RESIDENCE 0-,=Â»,r'u--0~-om,c.. W -$/.TleN ./> D~51GI 147E4T Câ‚¬Â»rTA~-0 oN Tâ‚¬S XXUAENT S Tâ‚¬ PROPâ‚¬4-4 OF.Â£"1~VIERKUS -C-lers 1,0-.re= T--0-.rloN-Â¥.u,Â£0 wrna,7 7,Â« -0,1 w~r-TEÂ·, F,~.-~o. a, Eâ€¢=a,v â€¢F~,U,5-c,â€¢rÂ¥CTS -=w=~Ff -~Â·1,S ARCI*TECTS * ./.SIC--OF'~Â£HT....0 EXHIBIT 9 JEFFREY BERKUS ARCHITECTS R l; D F (3 1 H WEST WINDOWS AT STUDY HIDDEN FROM VIEW BY GARAGE VOLUME IN FRONT /////-\ 7-7-371 VARIANCE AMENDMENT REQUEST \ \ 430 WEST MAIN STREET ASPEN, CO 81611 : 4-- -1 3 .f PHONE 970.925.7017 7903'-[-12, FAX 970.925.7026 ~-1 . SEAL <F373*.~ - 4.22* U b Â· %20 ARV 1 BERKUS 1 1- ~~ No. 30441 / _ _ | ~7891- 0Â·- . 11 1 1 1- 11.15.13 PLAN CHECK SUBMITTAL 0423.14 ZONING REVIEW 05.07.14 ZONING: RDS VARI*ICE 4 West Elevation - Residential Design Standards Variance Amendment ADMINISTRATIVE AMENDMENT 1 3/16'=1'-0' ' , VARIANCE AMENDMENT REQUEST PROJECT NAME WINDOWS FACING WEST BUT BLOCKED FROM VIEW FROM NORTH GARMISCH EXTENSION s 100 E. FRANCIS VARIANCE AMENDMENT REQUEST OBLIQUE VIEW OF WINDOW FACING SOUTH SEE ALSO SHEET Z-RDS2 - -1-7-7 1 i 1 7, - PROJECT No. 11001.02 1 11 11/,/0 1 , SCALE 73-0.0 MON.4 1 3/16" = 11-011 V==:L SHEET TITLE Zoning - Residential Design Standards Variance 1 ~ -Â£3*~~ â„¢1 Administrative 1-1 1 - Amendment Request Windows SHEET No o West Elevation at Courtyard - Residential Design Standards Variance Amendment Â£ 3/16"=19 Z-RDS3 SOUTH RESIDENCE C...Im '..J'll....I-..Cl/E'I WOI-â„¢2]N ~.0 -gOW NT-T L.Â£*;T~-D W t- *iT I #emeâ€¢â€¢MEY.lau,5 AHC~TECTS â€¢K)PARTC~ T--C=~~IKG~-YUEuS~O w,nÂ«~,r./ ./. -r-TE' PE.1~510/ Â£-I.... ...S..%.7......... AADÂ·~TECTS ..1 ACT,INALice,-0%.*SrATU,Il#*EARE,Em,ED EXHIBIT 10 JEFFREY BERKUS ARCHITECTS VARIANCE AMENDMENT REQUEST WINDOWS AT STAIR / 7901'.r~ 1.Â·Â·0Â· '. -I /1 1 . 70/70 430 WEST MAIN STREET ASPEN. CO 81611 PHONE 970.925.7017 FAX 970.925.7026 TE e = SEAL Gle 46FCOLO~ 1 1 1 ~|| | J |~ ~STAIR 1 0 10 e 1 , 11 1 "Ill 51RISERS@ I'-6 1 11 , Ul|illTREAD,~ r.r Ad:21* 0~ 4 - 7885 -r, 1 | BERKUS ) * t 4.53; - - UNEOFPROPOSEDGRADE teD ARC# - i~ 1 1 9 1 1 1 1 11 1 1 1 1 1 F-----7 1 1 1 1 i 11.15.13 PLAN CHECK SUBMITTAL UNEOF EXISTING GRADE 04.23.14 ZONING REVIEW 1 1 1 1 05.07.14 ZONING: RDS VARIANCE ~ ADMINISTRATIVE AMENDMENT 1 1 1 1 1 1 1 1 A------2 1 1 1 1 1 \ V LINE OF INTERIOR STAIR - SHOWN DASHED 1 1 1 V' 1 1 11 1 1 1 11 1 1 4 South Elevation - Residential Design Standards Variance Amendment 1 1/4" =1'-0 PROJECT NAME 108 E. FRANCIS PROJECT No 11001.01 SCALE 1/4" = 1'-0" SHEET TITLE Zoning - Residential Design Standards Variance Administrative Amendment Request Windows SHEET No, Z-RDS4 NORTH RESIDENCE CopÂ¥~glv .13 ~â‚¬~REÂ¥ =cls HaanoN AAD OfS,G.1 -TE~T r.Â¤HT*.W T- XCUWENT I T-E ~ROPEarf OF JE=REY BERKU ARCI~rECTS NOPAH f O; 1)Â«S ~OR~tIONA~'f SLU~_D Â¥fTTMCLT ..... W*r,EN..i 0...â€¢9EY &:i,A*n.:S#41#4*26 RIGHTS E_*co-*04'T.-ETO ~ EXHIBIT 3 City of Aspen Community Development Dept. 130 S. Galena Street Aspen, CO 81611 RECEIVED MAY 0 7 2014 RE: 100 and 108 E. Francis Street, Aspen C! 1 Â¥ C jk MoptN (PID # 2735-124-19-851) CO#AM, d.r. 'If ./c, 10.ANT Residential Design Standard Variances To whom it may concern As applicant for the above requested reviews and approvals for 100 and 108 E. Francis Street, Aspen, JAMMB, LLC hereby authorizes Jeffrey Berkus Architects, Inc. (JBA) to act as designated and authorized representatives for the preparation, submittal and processing of the application requiring Residential Design Standard Variance approvals for both residences on the site, as well as, any incidental requests or subsequent applications that may be associated therewith. JBA is also authorized to represent JAMMB, LLC in meetings with City staff, the Planning and Zoning Commission, and any other appropriate City officials. Should you have any need to contact us during the course of your review, please do so through Jeffrey Berkus Architects, Inc. 430 W. Main Street Aspen, CO 81611 970.925.7017 jeff@berkusdesign.com; Stq)hanit,(?~ bertlesdeâ‚¬i/~A .cern j ~ctoldâ‚¬, berifoldeâ‚¬'~A .CL,ln Yours truly, JAMMB, LLC 601 E. Hyman Ave. Aspen, CO 81611 By: U-Â» _ Adam J. Lewis, Trustee bf the Adam J. Lewis Recovable Trust U/T/A dated October 1,1996, As Amended, its Manager EXHIBIT 4 RECEIVED MAY o i ~ CITY OF ASPEN CITY ut PRE-APPLICATION CONFERENCE SUMMARY COVU/Mjlri 443"C /V 1&-1/Al }04,47 PLANNER: Sara Nadolny, 970.429.2739 DATE: 4/29/2014 PROJECT: 100 E. Francis St. REPRESENTATIVE: Stephanie Gerwin, Jeffery Berkus Architects REQUEST: Residential Design Standard (RDS) Variance - Amendment to Prior Approval DESCRIPTION: The subject property is located at 100 E. Francis St., within the R-6 zone district. In November, 2012 the applicant received an administrative Notice of Approval granting Residential Design Standard Variances to permit windows to span between the 9'-12' zone for specific areas on both the primary and secondary residence on the property. This approval is recorded at Reception No. 594345. The current proposal is an amendment to the previous approval to allow additional windows on each residence to span the 9'-12' "no-window zone" Staff will accept an application for administrative review, The following two criteria are used in determining the appropriateness of a variance: 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. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20Iand%20use%20app%20form.pdf Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use-Code/ Relevant Land Use Code Section(s): 26.306 Common Development Review Procedures 26.410.020.D Residential Design Standards Variances 26.710.040 Medium-Density Residential (R-6) Review by: Community Development Public Hearing: None Planning Fees: $650 for two (2) hours of work. If the application is required to go to the Planning and Zoning Commission for review, all time beyond two (2) hours of work will be billed at $325 an hour. 1 ,.J . Referrals: none Total Deposit: $650 To apply, submit 1 copy of the following information: Il Completed Land Use Application. (see link above) 0 Signed fee agreement. (part of the land use application) O Total deposit for review of the application. Il Pre-application Conference Summary. (this document) 0 A written description of the proposal and graphic representation of the windows requiring an additional variance 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. 2 MAY b *MAA ' 1 19. EXHIBIT 5 ~ CITY OF ASPEN .a;,a,i MI,Tv nciml OPNIFNT COMMUNITY DEVELOPMENT DEPARTMENT r~ Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property JAMMB, LLC, by Adam J. Lewis, Trustee of the Phone No.:c/o Jeffrey Berkus Architects, Inc. 970.925.7017 Owner O"): Adam J. Lewis Revocable Trust UTT/A, dated Email: c/o jeff@be~kusdesign.com ./C Ofiebant C l. be,KCÂ·(1(|07>ly, l.071 October 1,1996, As Amended, its Manager Address of 100 and 108 E. Francis Street, Aspen Billing JAMMB, LLC (-/0 picld-d, bet,:cyclct,9,1.c orri (PID #2735-124-19-851) Property: 500 Dixie Hwy., #201 Address: c/o Millares & Co. (subject of (send bills here) Miami, FL 33146 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. I understand that these flat fees are non-refundable. o Select Dept $. flat fee for Select Dept 0 8 R U flat fee for _ 0 1-1 Select Dept 0 1 -1 Select Review El $ L-1 flat fee for . $ LJ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. 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, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $650 2 deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. n/a $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: - AL_ $604/k Chris Bendon Adam J.lkewis Community Development Director Name: Trustee of the Adam J. Lewis Revocable Title: Trust U/T/A dated October 1, 1996 City Use: 650 Fees Due: $ Received: $ January, 2013 City of Aspen I 130 S. Galena St. I (970) 920-5090 I EXHIBIT 1 Customer Distribution Land Title Our Order Number: QC62005955 GUARANTEE COMPANY Date: 04-08-2014 WWWLTGC.COM Property Address: 100 E FRANCIS ST, ASPEN, CO 81611 For Title Assistance Kim Shultz 533 E HOPKINS #102 ASPEN, CO 81611 970-927-0405 (phone) 970-925-6243 (fax) kshultz@Itgc.com Seller/Owner JAMMB LLC 500 S DIXIE HWY # 201 CORAL GABLES, FL 33146 Delivered via: Delivered by Attorney Other GARFIELD & HECHT PC Attention: STACY STANEK 601 E HYMAN AVE ASPEN, CO 81611 970-925-1936 (work) 970-925-3008 (work fax) sstanek@garfieldhecht.com Delivered via: Electronic Mail ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: QC62005955 Customer Ref/Loan No.: Property Address: 100 E FRANCIS ST, ASPEN, CO 81611 1. Effective Date: 04-01-2014 at 17:00:00 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: TO BE DETERMINED 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: JAMMB, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: A PARCEL OF LAND KNOWN AS THE GIVEN PARCEL BEING DESCRIBED AT RECEPTION #499350 TOGETHER WITH A PARCEL BEING DESCRIBED AT RECEPTION #405579 IN THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, ALL BEING IN THE CITY OF ASPEN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF BLOCK 63, PART OF FRANCIS STREET AND PART OF CENTER STREETAS SHOWN ON THE CITY AND TOWNSITE OF ASPEN MAP; A PORTION OF THE NW1/4SW1/4 OF SECTION 7, T. 10 S., R. 84 W. AND A PORTION OF THE NE1/4SE1/4 OF SECTION 12, T.10 S., R. 85 W. ALL IN THE 6TH RM.; BEGINNING AT A POINT ON THE NORTH LINE OF SAID FRANCIS STREET AND 24.00 FEET EASTERLY OF THE WEST LINE OF SAID CENTER STREET ALSO KNOWN AS GARMISCH STREET, FROM WHICH THE EAST 1/4 CORNER OF SAID SECTION 7 BEARS N08 DEGREES 54'19"E A DISTANCE OF 926.25 FEET, WITH ALL BEARINGS BEING RELATIVE TO N14 DEGREES 50'49"E ALONG THE CENTERLINE OF GARMISCH STREET; THENCE N 14 DEGREES 50'49"E A DISTANCE OF 121.59 FEET: THENCE N33 DEGREES 03'19"E A DISTANCE OF 42.21 FEET; THENCE N07 DEGREES 19'05"E A DISTANCE OF 112.35 FEET; THENCE S70 DEGREES 18'15"E A DISTANCE OF 239.94 TO THE SOUTHWEST CORNER OF THE VACATED PARCEL DESCRIBED AT RECEPTION #405579 (ORDINANCE #13, SERIES OF 1997, CITY OF ASPEN); THENCE ALONG THE BOUNDARY OF SAID VACATED PARCEL THE FOLLOWING FOUR (4) COURSES N02 DEGREES 00'00"W A DISTANCE 18.56 FEET; THENCE S72 DEGREES 18'08"E A DISTANCE OF 44.16 FEET; THENCE S79 DEGREES 11'00"E A DISTANCE OF 7.90 FEET; THENCE S15 DEGREES 15'22"W A DISTANCE OF 20.06 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED AT SAID RECEPTION #499350; THENCE S06 DEGREES 18'51"W A DISTANCE OF 103,11 FEET; THENCE S18 DEGREES 12'00"W A DISTANCE OF 108.73 FEET; THENCE S09 DEGREES 25'21"E A DISTANCE OF 52.10 FEET; THENCE S23 DEGREES 21'00"E A DISTANCE OF 83.49 FEET TO SOUTHERLY LINE OF FRANCIS STREET EXTENDED EASTERLY; THENCE N75 DEGREES 09'11"WALONG THE NORTH LINE OF BLOCK 64, CITY AND TOWNSITE OF ASPEN, A DISTANCE OF 288.99 FEET TO THE NORTHWEST CORNER OF SAID BLOCK 64; THENCE N30 DEGREES 59'37"W A DISTANCE OF 107.34 FEET TO THE POINT OF BEGINNING. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: QC62005955 Customer Ref/Loan No.: COUNTY OF PITKIN, STATE OF COLORADO. AMERICAN LAND TITIE Copyright 2006-2014 American Land Title Association. All Rights Reserved ANNOCiAIIO INI -1Uk The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date eÂ» of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. .# 1/ ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: QC62005955 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. 1. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR TO BE DETERMINED RECORDED MAY 25, 2011 AT RECEPTION NO. 580130 IS CURRENL NOTE: SAID INSTRUMENT DISCLOSES ADAM J. LEWIS, TRUSTEE OF THE ADAM J. LEWIS REVOCABLE TRUST U/T/A DATED OCTOBER 1, 1996 AS THE MANAGER AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. 2. WARRANTY DEED FROM JAMMB, LLC, A COLORADO LIMITED LIABILITY COMPANY TO TO BE DETERMINED CONVEYING SUBJECT PROPERTY. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: QC62005955 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a),(b), or (c) are shown by the Public Records. 8. PROVIDED THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR, OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS, AND PROVIDED FURTHER GRANT HEREBY MADE IS HELD AND DECLARED TO BE SUBJECT TO ALL THE CONDITIONS, LIMITATIONS AND RESTRICTIONS CONTAINED IN SECTION 2386 OF THE REVISED STATUTES OF THE UNITED STATES, AS SET FORTH IN UNITED STATES PATENT RECORDED MARCH 24, 1885 IN BOOK 11 AT PAGE 162. 9. RESERVATIONS AS CONTAINED IN DEEDS FROM THE CITY OF ASPEN RECORDED MAY 18, 1887 IN BOOK 49 AT PAGE 285, RECORDED JANUARY 3, 1888 IN BOOK 59 AT PAGE 245, RECORDED JANUARY 31, 1888 IN BOOK 59 AT PAGE 330, RECORDED MAY 11, 1888 IN BOOK 59 AT PAGE 434 AND RECORDED JULY 16, 1888 IN BOOK 59 AT PAGE 462. 10. TERMS, CONDITIONS AND PROVISIONS OF ORDER AND DECREE RECORDED FEBRUARY 09, 1951 IN BOOK 175 AT PAGE 472. 11. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL RECORDED NOVEMBER 30, 2012 AT RECEPTION NO. 594345. 12. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACT SHOWN ON IMPROVEMENT SURVEY DATED MAY 23, 2011, PREPARED BY SCHMUESER GORDON MEYER, JOB # 2010-364.002 AND RECORDED MAY 23, 2011 UNDER RECEPTION NO. 580092: Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: QC62005955 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: A. STAIRS AND GRAVEL PATH ALONG EASTERN BOUNDARY OF THE LAND, BUT NOT WITHIN A RECORDED EASEMENT. B. POSSESSORY INTERESTS THAT MAY BE CLAIMED DUE TO THE LOCATION OF FENCE LINES ALONG THE BOUNDARIES OF THE LAND. . JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, Land Title LAND TITLE GUARANTEE COMPANY -GRAND JUNCTION, GUARANTEE COMPANY LAND TITLE INSURANCE CORPORATION AND WWW LTGC COM OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: â€¢ applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; â€¢ your transactions with, or from the services being performed by, us, our affiliates, or others; â€¢ a consumer reporting agency, if such information is provided to us in connection with your transaction; and â€¢ the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: â€¢ We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. â€¢ We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. â€¢ Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. 1 â€¢ We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. I I LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION Land Title GUARANTEE COMPANY DISCLOSURE STATEMENTS WWW.LTGC COM Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The Subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to , documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be respons ble for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company 1 conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or I townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 rnonths. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repa rs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice s hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. a . :'pj.TITLE '0 Commitment to Insure ALTA Commitment - 2006 Rev. o m * 't~~ * ~0; OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable Et * . consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land descr bed or referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A ,, ~ ~70 Â· Atitt... and B and to the Conditions of this Commitment. This Commitment shall be effective only when the dentity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liabil ty and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULAIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. i 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or 1 interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to ~ paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mongage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www. alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, th s Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed nsured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Old Republic National Title Insurance Company Land Title Guarantee Company ,,.,.D 'D" a Stock Company 3033 East First Avenue ''.,~1WL TI Tl.Â¢~~'', 400 Second Avenue South Suite 600 :Ry * * * tr C Minneapolis, Minnesota 55401 Denver, Colorado 80206 3 63 * - * 41 (612)371-1111 303-850-4165 -0 lcd) *~2 0. - . 1% * id *mi C /2 4/ //O-</9*5dd&49 - * CP: Mark Bilbrey AMERICAN LANDTITLE President â€¢,~ 070 Â· At44. 2~ ASSOCIATION aÂ» Authorized Officer or Agent -- 4/- .8/. T. Rande Yeager Secretary .. 1 EXHIBIT 2 ~ 00 41Â·2014Â·.-UA ATTACHMENT 2 -LAND USE APPLICATION (1 4 ?f PROJECT: ~41'14,1 Name: 100 E. Francis +VR u j , f. CAA. Location: 100 and 108 E. Francis Street, Aspen V/A. (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2735-124-19-851 APPLICANT: Name: JAMMB, LLC Address: 601 E. Hyman Avenue, Aspen, CO 81611 Phone #: REPRESENTATIVE: Name: Jeffrey Berkus Architects, Inc. Address: 430 W. Main Street, Aspen, CO 81611 Phone #: 970.925.7017 TYPE OF APPLICATION: (please check all that apply): U GMQS Exemption U Conceptual PUD U Temporary Use U GMQS Allotment U Final PUD (& PUD Amendment) U Text/Map Amendment E Special Review U Subdivision U Conceptual SPA U ESA - 8040 Greenline, Stream U Subdivision Exemption (includes U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane E Commercial Design Review C Lot Split ~1 Small Lodge Conversion/ Expansion Â® Residential Design Variance U Lot Line Adjustment U Other: U Conditional Use EXISTING CONDITIONS: (description ofexisting buildings, uses, previous approvals, etc.) Vacantlot PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Construction of 2 Residences. Update to prior RDS variance requested. Have you attached the following? FEESDUE: $|650 | Â® Pre-Application Conference Summary Â® Attachment #1, Signed Fee Agreement 2 Response to Attachment #3, Dimensional Requirements Form Â® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards U 3-D Model for large project All plans that are larger than 8.5" X 11"must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application con ference summary will indicate if you must submit a 3-D model. - 4 EXHIBIT 2 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: 100 E. Francis Applicant: JAMMB, LLC Location: 100 and 108 E. Francis Street, Aspen Zone District: R-6 Lot Size: 99,158 sq.ft. Lot Area: 43,409 sq.ft. (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: Existing: NIA Proposed: NIA Number o f residential units: Existing: 0 Proposed: 2 Number o f bedrooms: Existing: 0 Proposed: 8 Proposed Â°/0 of demolition (Historic properties only): N/A DIMENSIONS: Floor Area: Existing: NIA Allowable: 5,860.46 Proposed: 5,850.46 Principal bldg. height: Existing: N/A Allowable. 25 Proposed: 26 Access. bldg. height: Existing.Â· N/A Allowable.- NIA Proposed: NIA On-Site parking: Existing.- N/A Required: 4 Proposed: A % Site coverage: Existing N/A Required: 25% max. Proposed: 7% % Open Space: Existing.Â· N/A Required: NIA Proposed: NIA Front Setback: Existing. N/A Required: 10' Proposed: 54' Rear Setback: Existing.Â· N/A Required: 10' Proposed: 71' Combined F/R: Existing.Â· N/A Required: NIA Proposed: NIA Side Setback: Existing: N/A Required: 15' Proposed: 70' Side Setback: Existing.Â· N/A Required: 19 Proposed. 85' Combined Sides: Existing: N/A Required: 50' Proposed: 155' Distance Between Existing N/A Required: 10' Proposed:73 Buildings Existing non-conformities or encroachments: Variations requested: