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HomeMy WebLinkAboutagenda.boa.19970403ASPEN BOARD OF ADJUSTMENT COMMISSION Regular Meeting Thursday, April 3, 1997 at 4:00pm Sister Cities Meeting, City Hall I. ROLL CALL II. MINUTES III. CONDvIENTS A. Commissioners Comments B. Staff Comments C. Public Comments (not concerning items on the Agenda) IV. PUBLIC HEARINGS A. Case #97-3 935 Gibson Avenue, Aspen, CO���� Variance of 18' in front yard set back from the Public Right-of- way to construct a garage B. Case #97-4 1008 East Hopkins, Aspen, CO Variance for a Z% reduction in the required open space, allowing for 2.8% open space instead of the requiredk'/o open space. VI. ADJOURN 4/28/97 - Mr. Panico submitted a Design Review Appeal Committee application seeking a variance from the Design Review Standard which requires that all portions of a garage be recessed behind the front facade a minimum of 10 feet. 5/8/97 - DRAC meeting held. Mr. Panico unable to attend. Meeting continued to 5/22/97. 5/22/97 - DRAC meeting held. 3 members attended (a quorum). Unanimous decision required. Mr. Panico requested that meeting be continued until additional members would be present. 6/5/97 - DRAC meeting held. Again - 3 members in attendance. Mr. Panico requested that meeting be continued until additional members would be present. 6/ 12/97 - DRAC approved variance request with a vote of 3 -1. Stan - a couple of procedural changes did occur as a direct result of this case. We are now requiring that all resolutions be recorded prior to building permit submittal. This will ensure that conditions, such as the one that was stipulated by the BOA in 1988, would be reflected in a title report or other document so that any future owner of a property would be aware of any previous encumbrances. We also added additional alternates to DRAC in hopes that future meetings would have enough members present so that a case could be approved/denied with a majority decision versus a unanimous decision. ZVA, MEMORANDUM TO: Board of Adjustment THRU: Julie Ann Woods, Community Development Deputy Directbfr FROM: Sara Thomas, Zoning Officer,11 RE: 935 Gibson Avenue (Meeting Continued from March 13, 1997 ) DATE: March 25, 1997 SUMMARY: On February 13, 1997 the Board granted an 18' front yard setback variance to allow for construction of a garage and loft bedroom for the property located at 935 Gibson Avenue. The variance was granted subject to the condition that there were no inconsistent variances that had been granted and acted upon for the property. Subsequently, staff found that in 1988 the Board had granted a variance from the lot area requirement, allowing for the existence of a duplex on a lot which did not meet the dimensional requirements for a duplex structure. The property is located in the R-15A zone district which has a minimum lot area requirement of 15,000 square feet for both single family residences and duplexes. The approximate lot size is 22,000 square feet, less 12,000 square feet for the Gibson Street right of way, leaving an approximate lot area of 10,000 square feet. The lot is therefore a legal non -conforming lot of record. The permitted floor area for a single family residence on this lot is 4150 square feet, and 4570 square feet for a duplex. The existing and proposed square footage of the structure would be verified at the time of building permit, however, a rough estimate of existing floor area is approximately 3200 square feet. The proposed garage/loft addition would add approximately 700 square feet of floor area. The 1988 variance to permit a duplex structure on a non -conforming lot was conditioned that no additional square footage or alteration of the footprint be permitted on the d structure. In light of the 1988 variance, the applicant requested that the March 13, 1997 meeting be continued until the April 3, 1997 meeting. The applicant is now requesting that the Board review the 18 foot front yard setback variance request to allow for construction of a garage and loft bedroom, with the condition that the existing duplex be converted to a single family residence. The building permit for the garage will include a demolition permit for the removal of the second kitchen in the residence. All future development on the property will comply with current standards for single family residences under codes existing at the time of the development application. STAFF EVALUATION: Staff concludes that if the structure is returned to the pre-1988 variance status of a single family residence, the issues of density and parking that were of concern in converting the structure to a duplex in 1988 will be significantly diminished, thereby eliminating the need to impose expansion restrictions. Therefore, staff continues to support the applicants' front yard setback variance request, as outlined in the staff memo dated February 4, 1997 (copy attached). RECOMMENDATION: Staff recommends approval of the front yard setback variance request to allow for construction of an attached garage and loft addition, with the condition that the existing duplex be converted to a single family residence. RECOMMENDED MOTION: " I move to approve the request for an eighteen foot (181) front yard setback variance at 935 Gibson Avenue, to allow for construction of a two car garage with loft addition, finding that the review standards have been met, subject to the following conditions: - The existing duplex will be converted to and maintained as a single family residence. This will be accomplished by removal of the second kitchen in the residence. The building permit for construction of the garage will include a demolition permit to remove the second kitchen. A certificate of occupancy will not be issued for the garage until the kitchen demolition has been completed and inspected. - Any future development on the property will comply with current standards for single family residences under codes existing at the time of the development application. MAR 28 '97 01:04 PH Design by David Ponica Page W, -e.?&oN 150 C5. h4;pMfq/Pll-Y4N COMMONnY P6FSN I co- t>(tol i I BOX F-3 ASPL,- -OLORADO S. 1612 PHONE 970 921 5394 FNX 970 923 1260 MEMORANDUM TO: Board of Adjustment THRU: Stan Clauson, Community Development Director Julie Ann Woods, Community Development Deputy Director FROM: Sara Thomas, Zoning Officer RE: 935 Gibson Avenue, Aspen, Colorado DATE: February 4, 1997 SUMMARY: The applicant requests an 18' variance from the front yard setback requirement in order to construct an attached garage. The property is located in the R-15A zone district which has a required front yard setback of twenty five feet (25'). The parcel is bisected by the Gibson Avenue right-of-way. Section 26.04.100 of the Aspen Municipal Land Use -code states that "ail required yard setbacks under zone district regulations are based on distance measured from the right-of-way line of a dedicated public way." The applicant proposes to construct an attached two car garage of approximately 570 square feet, with a loft bedroom of approximately 400 square feet. The structure is proposed to be in a location which is seven feet (7') from the Gibson Avenue right-of-way line. There appears to be adequate available floor area for the garage/loft addition. Please refer to the attached drawings and written information provided by the applicant for a complete presentation of the proposed variance. APPLICANT: Mr. and Mrs. Tom Lewis, represented by David Panico LOCATION: 935 Gibson Avenue, Aspen, Colorado REVIEW STANDARDS AND STAFF EVALUATION: Pursuant to Section 26.108.040 of the Municipal Code, in order to authorize a variance from the dimensional requirements of Title 26, the board of adjustment shall make a finding that the following three (3) circumstances exist: 1. Standard: The grant of the variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Comprehensive Plan and this title. Response: A requirement for all single family residences is to provide 2 off-street parking spaces per dwelling unit. The proposed garage structure complies with this requirement. 2. Standard: The grant of the- variance is the minimum variance that will make possible the reasonable use of the parcel, building, or structure. Response: The proposed dimensions of the two car garage are approximately 24' x 24'. The size exceeds the required dimensions for off street parking which are 8 1/2' x 18' per parking space. The structure could feasibly be built to conform with the minimum dimensional requirements, requiring a lesser variance request. 3. Standard: Literal. interpretation and enforcement of the terms and provisions of this title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty. In determining whether an applicant's right would be deprived, the board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant: or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Comprehensive Plan the terms of this title to other parcels, buildings or structures, in the same zone district. Response: The triangular shape of the parcel, combined with the presence of the sixty foot (60') Gibson Avenue right-of-way, creates a very confining building envelope. These special conditions are unique to the parcel and are not a result of actions of the applicants. The applicants request to construct a garage, while larger than the minimum requirements, is still within the allowable FAR and does not appear to confer any special privileges upon the applicant. ALTERNATIVES: The Board of Adjustment may consider any of the following alternatives: • Approve the variance as requested. • Approve the variance with conditions. • Table action to request further information be provided by the applicant or interested parties. • Deny the variance finding that the review standards are not met. RECOMMENDATION: Staff recommends approval of the front yard setback variance request to allow for construction of an attached garage and loft addition. RECOMMENDED MOTION: "I move to approve the request for an eighteen foot (18') front yard setback variance at 935 Gibson Avenue, to allow for construction of a two car garage with loft addition, finding that the review or. standards have been met." NOTICE OF PUBLIC HEARING CASE #97-04 Before the City of Aspen Board of Adjustment TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the BASEMENT MEETING ROOM, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjourned)'to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 26, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. Particulars of the hearing and requested variance are as follows: Date and Time of Meeting: Date: April 3,1997 Sister Cities Meeting Room Time: 4:00 P.M. Owner for Variance: Name: The Marasco's Applicant for Variance: Mr. Arthur Bellis Address: c/o Bill Poss & Associates, 605 East Main Street, Aspen Colorado 81611 Location or description of proper: 1008 East Hopkins, Aspen, Colorado 81611, and is described as beginning at a point 12 feet west of the northeast corner of Lot L, thence northerly to Lot B, thence easterly to the southeast corner of Lot #, thence southerly to the northeast corner of Lot D, thence westerly to the place of beginning. Variances Requested: A variance for a 7% reduction in the required open space, allowing for 28% open space instead of the required 35% open space. Will applicant be represented by Counsel: YES: NO:X The City of Aspen Board of Adjustment 130 S. Galena Street Aspen, CO 81611 Charles Paterson, Chairman County of Pitkn } } ss. State of Colorado } 'IDAVIT OF NOTICE PURSUANT TO ASPEN L- .IND USE REGULATION SECTION 26.52.060 (E) I, 1-?A yc ra-k ,being or representing an Applicant to the City o� Ast}en. pe, sonaily c.-miry th= I have complied with the public notice reou1=ents pursuant to Section 26.5 060 (E) of the Aspen Land Use Re�ulazions in the followin(r manner 1. By maiiin r of notice, a copy of which is arzached hereto, by first -crass• poste prepaid U.S. Mau- to all owners of prove t; within three hundred (300) leer or the subject property, as indicated on the attached list, on the day or 1C -1(which is l6 days prior *o the pubiic hearn-cr date of By posting a sign in a consvic•.:ous place on the subject property (as it could be - - ---- rhat :he said sib ,.vas posted and visioielic way) arid, day of199.7 (tilust be Posted or before the hearing date).:k pnotom-apn of the Posted S iQned before ye this Ora day OF lyY&I-1 ' i997 by ,P,9 V10 BYSAX - WH-NNESS MY HA,1ZiD AND My commission expires SEAL ELISA JULIEN WARY-PUBL IC 3 13 00 HWY' 82 #11' ASP EN Cn 8 1 6 1 1 cc O M T i 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 j r T t r 1T 1 T W / N T 1 CD T / ' M / CD O i W rr 1 N M 1 c M i N V 1 N � 1 N r 1 N T 1 r r 1 M O 1 T m t r T 1 r� T 1 M 1 r r 1 6 T 1 m T / W O N T r r N O N N N r M Q N O O M M N M N 4 T W T CD T CD T r r r T �i M CO CD N CD m O T 't ":r It N N CD (D CD m w CD CD w w N 0 r T r "ll' w r w r M O N O w T M O M O m CD W T W T r m N M O O O O CD T M T- T M T D CO TT m T W T W CD to O Co.CD b' m 'a' M M M M W "! 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All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will hive serious consideration to the opinions . of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. Particulars of the hearing and requested variance are as follows: .. Date and Time of Meeting: tee.-c�-e.�t-� YU��c�� � �1%,,2,c.C✓�✓l-GQJ Date: April 3,1997 Sister Cities itileetin� Room �, �.� � .- � ��.>-�.��✓ �� Time: 4:00 P.M. c, A)wner for Variance: Applicant far Varia - ce: ` Name: The Marasco's Mr. Arthur Bellis Address: c/o Bill Poss & Associates, 605 East Main Street, Aspen Colorado 81611 P Z��� . PAL. �,tyc.1' L�2 t LJ ;Of Location or description of property%: ,Vv 1008 East Hopkins, Aspen, Colorado 81611, and is described as beginning at a point 12 feet t st the northeast corner of Lot L, thence northerly to Lot B, thence easterly to the southeast cornier of Lot #, thence southerly to the northeast corner of Lot D, thence westerly to the lace of beginninor. Variances Requested: A variance fora 7 /o reduction in the r qui d op pace, allowing for 28 /o open space instead of the required 3j% open space. Will applicant be represented by Counsel: YES: NO:Y . ) J , The City of Aspen Board of Adjustment C 130 S. Galena Street lu 6'/tc, Aspen, CO 81611 �' �1 r -- Paterson, Chairman Charles P Bellis Residence Project Summary March 14, 1997 605 EAST MAIN STREET ASPEN, COLORADO 81611 TELEPHONE 9701925-4755 FACSIMILE 9701920-2950 The proposed solution to create the residence will remodel the existing cabin and relocate it to the street front of the property. The non -historical additions will be removed and we plan to bring the cabin to a simpler form. Separated from the restored cabin by a twenty foot long, glass and wood, one story entry foyer, a two story addition will occupy the back of the site. Due to the narrow lot Mr. Bellis has reached an agreement, with the neighboring town homes to the west, to utilize their existing driveway and is currently awaiting approval from the City Engineer for a surface access easement across the City Parcel. The Sanitation District has approved the use of this area for a driveway and landscape improvements for which Mr. Bellis will be responsible for replacing any development should utility repair or improvement be required. REQUIRED APPROVALS: To make this project possible we are requesting an Open Space Variance from the Board of Adjustments. With a non -conforming lot width of only 45 feet and the sewer line bisecting the back half of the parcel, the project has a restricted buildable site area. The proposed residence has utilized the existing historic structure in a compound design to create as much open space as possible within this limited area; however this. solution provides 28% open space, 7% short of the required 35%. The 437 square foot open space shortage is compensated by the adjacent 18 foot wide City parcel which provides a permanent sideyard and separation along the western boundary. As the accompanying site plan demonstrates these two lots will visually appear to be one larger lot. If the total area of both lots would be used to calculate the open space, this residence appears to have 50% Open Space. In addition to the Open Space Variance of 7% from the Board of Adjustments, this design requires the residence to be sited along the western property line. We have requested a 5 foot sideyard setback variance and 13 foot overall sideyard setback variance from the Historic Preservation Commission. This siting is also balanced by the adjacent City parcel, providing an 18 foot separation to the shared driveway and 30 feet to the neighboring town homes. The use of the existing historic structure within the design of this single family residence has required the allocation of floor area to rooms which were originally programmed to be smaller and a 500 square foot F. A. R. bonus has been requested from the H. P. C.. Ilk 40 cmh � }.. — Cam— ; :'�_• /'-- ' 7 /�'_ --"' ' • •,!f _ �_ . ' r 1 -] 40 : s}.jNa L cr- —aN3153M g G-���: `�� g 2 _ ' ` / � / � / ' — �� ray � I� � "`•� C"'_' ,',� � r r`� .ii s 61.j� : • 1 Y • . t `, jr `;.�—,��r1� �.j+ i�� jr3�3ei1� � r.---a .y �,....--- C._.•r••. � � i. b3i j { ` 1 � �"� < '�� a ,---^ .'"_" o ram-•—"' v---' C� �'1' �v � ` �,. � 1S �P:3--+• AA tow F� r ` i IF Z It t ` .---� � �• �',� 15�13 5 �� � / . !- a *�"-." --.r MEMORANDUM TO: Board of Adjustment THRU: Julie Ann Woods, Community Development Deputy Director FROM: Sara Thomas, Zoning Officer. _. RE: 1008 East Hopkins, Aspen, Colorado DATE: March 27, 1997 SUMMARY: The applicant is requesting a variance from the open space dimensional requirement. The 6601 square foot lot is located in the RMF zone district which requires 35% open space. The applicant is requesting a variance for a 2% reduction in the required open space, allowing for 33% open space. The variance request would allow for 2 178 square feet of open space, versus the required 2310 square feet of open space. The parcel -is 45 feet wide by 146.5 feet deep and is a non -conforming parcel in the RMF zone district, which has a minimum lot width requirement of 60 feet. The parcel is bordered on the western portion by a City owned parcel which contains a Sanitation utility easement. The lot is bisected on the rear third portion by a sewer line which serves the neighboring apartment complex to the east. A cabin, which is listed on the Historic Preservation Inventory, is located on the parcel. The HPC reviewed this project for Conceptual Approval at their meeting on March 26, 1997. The HPC tabled the project until their next meeting, asking that the applicant shift the historic structure to the west in order to provide more separation from the existing neighboring building. The shift in the building should not affect the overall available open space. Staff will verify all open space calculations at the time the project receives final HPC approval. The HPC has the authority to grant the required setback variances for this project. The project will also be reviewed by the Planning and Zoning Commission for a Stream Margin Review. Please refer to the attached drawings and written information provided by the applicant for a complete presentation of the proposed_ variance. APPLICANT: Mr. Arthur Beilis, represented by Dave Ryback from Bill Poss and Associates LOCATION: 1008 E. Hopkins, Aspen, Colorado REVIEW STANDARDS AND STAFF EVALUATION: Pursuant to Section 26.108.040 of the Municipal Code, in order to authorize a variance from the dimensional requirements of Title 26, the board of adjustment shall make a finding that the following three (3) circumstances exist: 1. Standard: The grant of the variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Comprehensive Plan and this title. Response: Section 26. 28.090 of the Aspen Municipal Land Use Code states that the percent of open space required for a building site in the RMF zone district be 35%. The proposed project, which provides 33% open space, is bordered by a City owned parcel which contains a utility easement. The applicant is seeking approval from the Sanitation District to landscape and maintain the City parcel. The combined effects of the. open space on the City parcel, together with the open space being provided for by the applicant, result in the appearance of significant open space and is generally consistent with the requirements of the Land Use Code. 2. Standard: The grant of the variance is the minimum variance that will make possible the reasonable use of the parcel, building, or structure. Response: The parcel is constrained by three factors: the presence of the historic structure which the applicant is retaining on site and integrating into the proposed addition; the narrow non -conforming lot width; and the presence of a sewer line on the back portion of the parcel. These conditions restrict the available building area and limit the placement of the new portion of the structure. Based on these limitations, staff concludes that the applicant is requesting the minimum variance possible. 3. Standard: Literal interpretation and enforcement of the terms and provisions of this title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty. In determining whether an applicant's right would be deprived, the board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Comprehensive Plan and the terms of this title to other parcels, buildings or structures, in the same zone district. Response: The parcel is constrained by the unique conditions which are outlined above. In addition, the parcel is bordered by a City owned property which contains a utility easement. This adjacent property, while not being used to calculate required open space, does give the appearance of significant open space for the subject parcel. ALTERNATIVES: The Board of Adjustment may consider any of the following alternatives: • Approve the variance as requested. • Approve the variance with conditions. • Table action to request further information be provided by the applicant or interested parties. • Deny the variance finding that the review standards are not met. RECOMMENDATION: Staff recommends approval of the open space variance request. RECOMMENDED MOTION: "I move to approve the request for a 2% reduction in the required open space, allowing for 33% open space on the property located at 1008 East Hopkins, finding that the review standards have been met." ,�;7s en C.�onsol dafeorcSanlfafion Isfricf P 565 North Mill Street Aspen, Colorado 81611 .Tele. (970) 925-3601 Sy Kelly Chairman Albert Bishop • Treas. Louis Popish • Secy. August 20, 1996 Yusem Corporation 215 S. Monarch Suite 104 Aspen, CO 81611 FAX #(970) 925-2537 Michael Kelly Frank Loushin Bruce Matherly, Mgr. Dear Jeff, This letter is written to summarize our discussions about your client's request to place a driveway over the sanitary sewer line easement `at 1008 , E. Hopkins. Your client will need onstructedtne to write he District . a. letter stating that the driveway will be at the owners '-risk and that he understands that if the District needs to remove the driveway for future repairs or -replacement that the District will not replace the driveway or be held liable for any related costs of the removal. The District will need to approve a plan and profile of the proposed driveway alignment as soon as plans are available and prior to the installation of the driveway. Three issues that came up after our meeting are:. 1. There are three sewer services that run behind the existing building at 1008 E. Hopkins that may need to be lowered and relaid to protect them from freezing prior to the installation of the driveway. 2. Jack Reid the City of Aspen Streets Superintendent voiced significant concerns about the storm sewer in the adjacent easement that will require a new storm sewer and related facilities that may - adversely affect the sanitary sewer facilities. 'Once Jack has advised you on the storm. sewer lines, catch basins and retention ponds that will be required, we can determine if the storm sewer facilities will adversely impact the sanitary sewer line. :a.. ''theK : 3. Depending upon the plan and profile of, the drivew y, manhole at the northern of line may need to be adjusted to grade. :.. .._ . Sincer l y, Thomas R. Bracewell T1 Collection Systems Superintendent RECEIVED cc Jack Reid SEP 1 6 �9g6 e1LL POSS AND ASSOCIATES EPA Ativards of Excellence ASPEN. COLORADO 1976 • 1986 • 1990 Rezional and National We have reviewed your plans to build a home on the property to our immediate east, which incorporates the existing, historic cabin.- We are quite pleased with your plans and are most agreeable to allow you the use of our existing driveway for your entrance and access to your garage. If you require further comment, I can be reached at; hick Ylcssion Tz�• 980 East Hopkins Avenue Aspcn- CO 81611 Phone 920 6530 Fax 9206535 Yours very truly, Mar-03-97 17-29 P U1 Arthur 8ellis 960 E. Hopkins Ave. Aspen, CO 81611 February 28, 1997 Nick Adeh, P.E, City Engineer City of Aspen 130 S. Galena St. Aspen, CO 81611 Re: 1008 E_ Hopkins Ave. Dear Mr. Adeh: I am the prospective owner of the property at 1008 E. Hopkins, which I currently have a contract to purchase. With the help of architects Bill Poss and Associates and builder Jeff Yusem, I have been working with the staff of Historical Preservation Commission in order to save the existing cabin while incorporating it into a plan for my new home. The prospective plan (copy enclosed) provides for the use of the driveway of the building immediately to the west of the property and crossing over, utilizing a portion of city owned property on which the Aspen Consolidated Sanitation District has a sewer line easement. As you can see by tltie enclosed letter from the Sanitation District, they are amenable to my use of the easement based upon my assumption of the wish for future repairs, and the District approval of a. final plan and profile for the proposed driveway. i am requesting the City's authorization and approval as the property owner, consistent with the approval of the Sanitation District. I have enclosed the following for your review- 1 - Site plan for the proposed improvements 2. Letter from the Aspen Consolidated Sanitation District 3. My letter to the Aspen Consolidated Sanitation District 4. Letter of approval from 1000 East Horneowner's Association If I can provide you with any further information, please do not hesitate to call me at 544-8457, or Dave Rybak at Hill Poss and Associates, 92&4755. S" ce ly, ur Balfis__' cc: Dave Rybak Jeff Yusem ATTACHMENT 1 LAND USE APPLICATION FORM J 1. Project name ftW-14 2. Project location _I aQg2 fIA47T Hdo i r Ayc• (indicate street address, lot and block number or metes and bounds description) 3. Present zoning E� Mr- 4. Lot size (�, 4�q y•�• 5. Applicant's name, address and phone number HgRn►k AVM, kP&l 66 4)I110 6. Representative's name, address, and phone number � Cr 8 �1 25- '7sZ- 7. Type of application (check all that apply): Conditional Use Conceptual SPA X Conceptual HPC Special Review Final SPA Final HPC 8040 Greenline Conceptual PUD Minor HPC Stream Margin Final PUD __Z_ Relocation HPC Subdivision Text/Map Amend. _y_ Historic Landmark = GMQS allotment GMQS exemption Demo/Partial Demo View Plane Condominiumization Design Review Lot Split/Lot Line Appeal Committee Adjustment 8. Description of existing uses (number and type of existing structures, . approximate sq. ft., number of bedrooms, any previous approvals granted to the property) %'',�_.F*114 IL ► ti r 0 J A 9. Description of development application 6Iw,t,�. i� iro,•a 10. Have you completed and attached the following? Attachment 1- Land use application form Attachment 2- Dimensional requirements form Response to Attachment 3 Response to Attachments 4 and 5 ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Applicant: -A<-THVti, ?7x, ►`1 Address: looms fit- HGQMAP7 hV"VL Zone district: Lot size: �a��°l • F Existing FAR: t,100 h, Allowable FAR: y•F• Proposed FAR: Existing net leasable (commercial): Proposed net leasable (commercial): Existing % of site coverage: I t!•�°la Proposed % of site coverage: '4--2 o 0 Existing % of open space: 2.7J16 Proposed % of open space: 2 $ °% Existing maximum height: Prindj-,a, 'id • IFT Accesory blda: Proposed max. height: Principal bldg:2ripr /Dw 3o Accessory b1da: Proposed % of demolition: 32°10 Existing number of bedrooms: Proposed number of bedrooms: 4 Existing on -site parking spaces: + _ On -site parking spaces required: 2- Setbacks Existing: Front: _ I - Rear: �1 FT• Combined Front/rear:_3� r- Side: O Side: .j2 Combined Sides: 12 tT. Minimum required: Front: _ 10 rT• Rear: 1 o FT• Combined Front/rear: 20 PT. Side: FT. Side: _5_?'. Combined Sides: Proposed: Front: 10 Rear:_ Combined Front/rear:_ Side: o Side: Combined Sides: 5 Existing nonconformities or encroachments: L r wi ov ik7 4C; �rj NoT IT. "OW 61 v ti �-W 'CowB o. Variations requested: ram. lkP&* Ll�; c bio Imo' e\/Uaw (HPC has the ability to vary the following requirements: setbacks, distance between buildings, FAR bonus of up to 500 sq.ft., site coverage variance up to 5%, height variations under the cgttage infill program, parking waivers for residential uses in the Rom, R-15, RMF, CC, and O zone districts) Bellis Residence Project Summary March 14, 1997 605 EAST MAIN STREET ASPEN, COLORADO 81611 TELEPHONE 9701925-4755 FACSIMILE 9701920-2950 CONCLUSION: Within the restrictive boundaries of this site we have been able to design a residence which will rehabilitate a forgotten remnant of Aspen's past and allow the cabin to be the prominent structure on the site. The sewer line bisecting the property has restricted the placement of the addition further back on the parcel forcing the open space to fall 7% short of the requirement. The adjacent City owned parcel provides more than enough open space, and the end result will be a single family residence which is broken into smaller masses, visually sited on a large open parcel, within a neighborhood which has been overrun by large single family and multi -family residences. 3 .605 EAST MAIN STREET ASPEN, COLORADO 81611 TELEPHONE 970/925-4755 FACSIMILE 9701920-2950 Bellis Residence— Property Location and Description Street Address: 1008 East Hopkins Avenue Aspen, Colorado Legal Description: PARCEL I THEE EAST 12 FEET* OF LOT L ALL OF LOT M AND TIHEE EAST 3 FEAT OF LOT N HE CITY AND TOWNSITE OF IN BLOCK' 25 IN rrr:E EAST ASPEN ADDITION TO - T1 ASP E.NL PARCEL 2: 7 7, THE EAST 12 F E.J AZA T OF LOT S, ALL OF LOT C. AN ALj-`C= PARCE'L OF N-D 02SCRIMED AS FOLLOWS: BEGINNING AT A 12 FEET WEST OF THE NORTHEAST CORNER OF LOT L TF=CE NORTHERLY TO LOT B , Ty-=-,TCZ-i EASTERLY TO T-%--E SOUTHEZAST CORN !R LOT E, THENCE SOUT=!:= TO =1 NORTF-Z,1%ST CORNER OF LOT D, T=-NCZ-j WESTERLY TO THE PLACE QFB=N-NINC-. gt 4z; Air-' jv.:U vvl`�i r 1 i .PITKIN COUNTY TITLE, INC. THANK. YOU FOR YOUR ORDER Please find enclosed a commitment or commitments to issue Title Insurance. please review the enclosed and if you have any questions please.do not hesitate to call us at the number listed below. TO: MASON & MORSE ATTENTION: PENNY CARRUTH DATE: September 26, 1996 OUR CASE NO.: PCT11092C2 SELLER: THE R & R COMPANY, vfARY JOSEPHINE STARMER, E ILY A. MARA.SCO AND BERNNARD R. N1ARASCO, AS TO PARCEL 1 RAE MARA.SCO, AS TO PARCEL 2 =ORROWER: ARTHUR P. BELLIS LENDER: LEGAL: MARASCO PROPERTY COPIES TO: 1. DAVE RYBAK 2. 4. SCHEDULE B' S DELIVERED TO: COMMENTS: REMISED TO ADD ADDITIONAL PROPERTY 601 E. HOPKLNS ASPEN, COLORADO 81611-1967 Commitment for Title Insurance -: a to Insurance ,Ftdelily Nadu tInsurance Company zl A srene3e COmFmkny COMMITMENT FOR TITLE INSURANCE FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Corporation, herein called the Company,;�rval►�acle consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedu e A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefore; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed andsealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effec�ve Date." Countersigned F deflty M VCMI T hk lnmrar= +4rnpV17Y 6Y 0 '4 7� SEAL a � ArMsr `-� F\� Au ed 3 ' ttse FORM 27 3-Gi (9/94) Valid Only if Schedule A and 3 are Attached ALTA COMMITMENT - MG Th a eon d otes o f the c+ornmi f�+nesst requ ire +.0 dw Mmiurn a rxi ci•► w1w be paid Prior to tw o f the till. pr icy(,}. Th"440e R, rao PQ4&_ until the chu6n hatie bccn mvm"ted to h* i.""n•s tgerg. FNT co FOR TLE INSURANCE SCHEDULE A Effective Date: 08/01/96 at 08:30 A.M. 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-Fo=i 1992 Proposed Insured.: ARTH'UR P . B ELL I S (b) ALTA Loan Policy -Form 1992 Proposed Insured: Case No. PCT11092C2 Amount$ 1,000,000-00 Premium$ 2,344.00 Rate : STANDARD Amount$ Premium$ Rate: Tax Certificate $20.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to i'n this Commitment is at the affective date hereof vested in: TTriE R cc R COMPANY, M_ARY JOSEPHINE STARMER, EMILY A. Ni �3SC0 AND B ERNr�-RD R . MARAS CO , AS TO PARCEL 1 RAE M.�3RAS CO , AS TO PARCEL 2 4. The land referred to in this Commitment is situated in the County of PITKIN, State of COLOR Zo and is described as follows: See Attached Exhibit "A" 0 ISSUING COMPAN-Y: FIDELITY NATIONAL TITLE INSUFL NCE COMPANY OF C_? .LIFORNIA By*.PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E . HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 970-925-1766 Provisions and Schedules 970-925-6527 FAX A and S are attached. l AUTI?ORI ZED AGENT EXR7L.27T A azA P-kRCEL 1: THE EAST 1.2 FEET OF LOT L I ALL OF LOT M AND THE EAST 3 FEET OF LOT X IN BLOCK 25 IN THE EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN. PARCEL 2: THE EAST 12 FEET OF LOT P,ALL OF LOT c ;-LM AN ADJACENT PARCEL OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 12 FEET WEST OF THE NORTHEAST CORNER OF 'LOT L, THENCE NORTHERLY TO LOT B, THENCE EASTERLY TO THE SOUT-1-MAST CORNER OF LOT El THENCE SOUT=LY TO THE NORTHEAST CORNER OF LOT D, THENCE WESTERLY TO THE PLACE OF BEGINNING. F9T SCHEDULE B - SECTION I ' -!-� REQD'IRF�N'rS .0he following are the requirements to be complied with; ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b), Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: 1. Re -Recordation of the following Deeds: Quit Claim Deed recorded October 21, 1962 in Book 434 at'Page491; Quit Claim Deed recorded May 31, 1985 in Book 486 at Page 973; Bargain and Sale Deed recorded August 18, 1993 in Book 721 at Page 652; Bargain and Sale Deed recorded August 18, 1993 in Book 721 at Page 653; Bargain and Sale Deed recorded January 3, 1996 as Reception No. 388775; Bargain and Sale Deed recorded January 3, 1996 as Reception No. 388776; Bargain and Sale Deed recorded January 31 1996 as Reception No. 388777; Bargain and Sale Deed recorded January 3,' 1996 as Reception No. 388778; This recruirement in necessary to show City of Aspen Real .Estate Transfer Tax stamp either being paid or exempt_ 2. Deed from THE,R & R COMPANY, MARY JOSEPHINE STRAMER, EMILY A_ MARAS CO AND B ERNARD R . M-A.R AS C 0 AND RAE MARAS CO To ART= P . BELLIS '' Copv of the Trade Name Affidavit or Partnership Agreement of THE R Ft COMPANY disclosing the names of the partners, and the other information required by ' 73 CRS 7-71-101 (1) (1) , as amended evidencing the existence of said partnershi-o on, or prior to its acquisition of title to the land herein. NOTE: Evidence satisfactory to the company as to the authority of the person (s ) executing the above document (s ) must be provided, subject to any add-itional requirements deemed necessary. Evidence satisfactory to the Company that t.'e Real Estate Trans f er Tax as established by Ordinance No. 20 (Ser.ies of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. 5. Certificate of nonforeigr_ status executed by the transferor (s) . (This instrument is not required to be recorded) 6. Completion of Form -DR 1079 regarding the witholding of Colorado on the sale by certain persons, corporations and firms selling Real Property in the. State of Colorado. (This instrument is not required to be recorded) 7. Evidence satisfactory to the Company that the Dec- laration Notice to County Assessor as required by H.B. 1288 hasbeencomplied with. (This instrument is not required tc be recorded, but must- be delivered to and retained by the Assessors Of Tice in the County An which the. property is situated). FNT N gC'SEDULE B SECTION 2 - EXCEPTIONS 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. Rights or claims of parties in'possession not shc'-M by the public records. Z. Easements, or claims of easements, not shown by the PubI4 C records 3. Discrepancies, conflicts in boundary lines, shortage in area, enchroac':.=ents, any facts which a correct- su--zey and inspection of the premises would disclose and which, are 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, it any, created, first appearing in the public records or attaching Subsequent to the effective date 'herec'", but prior to t'.",.e daze the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as set forth in the ]Deeds from the City .1 of Aspen recorued in Book 90 at page 112 ans recorded in Book 30 at PAge 123 providing as follows: "That no title shall he hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held unde-r existing laws". mL's 2. Easamen-n and right of way for Fishing as set forth in Fisheran Easement recorded SezterrLber 23, 1992 in Book 689 at Page 353. 9. Easement and right of way for Trail purposes as set forth in Trail Easement recorded September 23 1 1992 in Book 689 at Page3505. This commitment is invalid unless Schedule B-Section 2 the insuring provisions and Schedules Commitment No. PCT11092C2 A and B are attached. Fu7 ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items -in addition to the ones set forth above: (1) The. Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSL"'_.D FIEREUNDER ) Pursuant to Insurance Regulation 89-2; NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a cordominim or townhouse unit) (L)-of . that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfi led mechanics' and/or Materialme:i'. s Liens executed by the persons indicated in the attached copy of said affidavit. mustbe, furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request,' Pre-printed Item Number 4 may be deleted from the Owner's %poli.cy when. issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners' closing under circumstances where it is responsible for the recording or filing cf legal documents frcm said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122); (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authcri zed Agent; (c) Information regarding Soecial Districts and the boundaries of f such districts may be obtained from the Board y Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate will be ordered from the County Treasuref by the Cori -many and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Schedule B-Secticn 2 Commitment No. PCT11092C2 January 30, 1997 Amy Amidon, Historic Preservation Officer Community Development Department Aspen, Colorado 81611 Dear Miss Amidon: 1, Arthur Bellis, do hereby authorize Bill Poss and Associates to represent my interests during the process to gain approval of Partial Demolition, On -site Relocation and further development of the existing structure located at 1008. East Hopkins Avenue, Aspen, Colorado. -Since Arthur Bellis