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Home My WebLink AboutLand Use Case.1130 Mountain View Dr.0008.2014.ASLUTHE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0008.2014.ASLU PARCEL ID NUMBERS 2735-013-08-006 2735-013-08-007 PROJECT ADDRESS 1330 MOUNTAIN VIEW DRIVE 1340 MOUNTAIN VIEW DRIVE PLANNER SARA NADOLNY CASE DESCRIPTION RDS VARIANCE / SUBDIVISION- BOUNDARY LINE ADJUSTMENT REPRESENTATIVE ALI GIDFAR DATE OF FINAL ACTION 04/08/2014 CLOSED BY ROBERT GREGOR ON: 05/22/2015 1 r. 41 7 -fir;81 # ..... Ce,mits * file Edit Record Navigate Fgrm Repots Format Iab Help v A f: 50;4 .:4 fi i 4| . m y Â¥2 -1 11 '12 ' 1. U k 3% lump 1 7 Â§0 4 1 4/ 0. I. 4 ' -9 141 ... .- j V $: 1- W"". .4* 9 MainlCustom Fields Rogling Status Fee Summaiy Actions Routing.History A m.â€¢ 1 -'A 1:21 Pelmit It 000:8,2:014.ASLU i Permit &'pe jim ...::i :m g .:u --11 ' Aclciess 1 330 MOUNIAN E DR Apt/5 uke Cky ASPEN C. 1 0/1 71 0.-14 4818 U U Lip C 10 i i , . Pefmit Information 0 Al Appied 0111 Â§Â· Mater permit Routing queue 35|ul: 1 'ZU19 1--- wuv ~ Z 1 Ploied St81Us Â§811(1110 Appro,~d 0 uesaiption PRNATE SINGLE FAME' RESDENCE- RESIDED.L DESIGN VARANCE-LOT UNE Issued ADJUSTENT(:07 5.t,â‚¬ST 1;3400* SUBDMSION,BLOCK 1 ) 273 5 01 30 8008 00:ed/Fnal Submitted ALIG:OFAR 32:.689,3370 Dod Rumning Daps 0 Expires 01/12.2015 Submitted %8 Owner Last name TILLMAN Fist name ~ 0 A A it i,-4 6 !17.4., 7. i A.L: M .OU DIL; .MWV T BOULDER CO 80 30' I Phone (303 909-012â‚¬ Addr .â‚¬10 Applicant 9 Owner is applicant? I Contractor Is applicant? Last name IALLMAN Fist name JOSEPH . UL ilitm r, .2 r BO'!Inge rn 291.0 U-065 1 0Â·2 129 jÂ· 2 Y. -- I.-2 Oust # 297% Phone Address . Last name Fist name Phone( - Address t 1 1 . 11 , , Check this held il the contractor is also the permit apÂ®ant AspenGokE [selyer] djamam Vew 1 oil 3 XoqlOO1 ~ sdnong qel THE CHY OF: AspEN Land Use Application Determination of Completeness Date: January 21, 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 0008.2014.ASLU - 1330 Mountain View. design variances. lot line adiustment. Your planner assigned to the case is Sara Nadolny. J Your Land Use Application is incomplete: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review 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. 13-Your Land Use Application is complete: lf 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. ThankÂ«ou. 0-3.Â»4\ f Jenniter Phtip, Deputy Director City of Aspen, Community Development Department For Office Use Only Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes- No_*Â«_ Subdivision, SPA, or PUD (creating more than I additional lot) GMQS Allotments Residential Affordable Housing Yes - No__~.__ Commercial E.P.F. Lodging AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: \340 Hounta< o Vieu--, DeÂ·~i ue Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, 0 ~CUTn 1 I g CL_ H a 4,9 + fr-7 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A cogbefÂ·the.publication is attached hereto. (flitcÂ·i- S i gn *,Fe---z 1-144 The foregoing "Affidavit of Notice" was,p.cknowledged before me this I T day of ~-2,1 L- , 244'by 0 1,\/\4 *IA \Nl MMAvi PUBLIC NOTICE - Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the WITNESS MY HAND AND OFFICIAL SEAL approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertain- ing to the following described property: Lot 4, Block My 3~mission expires: 01 Iiâ‚¬17Â» 1 of the West Meadows Subdivision, commonly known as 1340 Mountain View Drive, City of As- pen, CO and Lot 5, Block 1 of the West Meadows Subdivision, commonly known as 1330 Mountain ~A/'~~OTARY PUBLIC View Drive, City of Aspen, CO. The Applicants 4 -*tja RA L. NELSON have received Administrative Approval from the STATE or COLORADO Community 0evelopment 0irector for a Boundary Notary Public NOTARY ID 20014030017 Adjustment that will adjust the lot line between the two subject parcels. A total of 742 sq. ft. will be MY COMMISSION EXPIRES 09/26/2017 exchanged between the parcels, slightly altering the shape of each lot, and resulting in the same amount of square feet being maintained on each parcel. For further information contact Sara Nadolny, at the ATTACHMENTS: Aspen Community Development Dept., 130 S. Galena St, Aspen, Colorado (970) 429-2739. City of Aspen Published in The Aspen Times on April 17, 2014. OPY OF THE PUBLICATION [10110873] - L.'B- DEVELOPMENT ORDER o f the City ofAspen 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. Dwayne Romero 1340 Mountain View Drive, Aspen, CO 81611; and Joseph P. Tallman Legacy Trust, 4383 Apple Court, Boulder, CO 80301. Property Owner's Name, Mailing Address Lot 4, Block 1 of the West Meadows Subdivision, commonly known as 1340 Mountain View Drive, CitY of Aspen, Colorado; and Lot 5, Block 1 of the West Meadows Subdivision, commonly known as 1330 Mountain View Drive, City of Aspen. Colorado. Legal Description and Street Address of Subject Property Administrative Approval for BoundarY Adjustment to correct surveying errors related to the original sizes of both lots, to bring a 272 sq. ft. piece of land found between the lots into Lot 5, and to exchange 742 sq. ft. of land between the properties which alters the shapes of each lot, but maintains the same amount of square footage per lot. Written Description of the Site Specific Plan and/or Attachment Describing Plan Approval by the City of Aspen Community Development Director via Administrative Notice of Approval. Land Use Approve*s) Received and Dates (Attach Final Ordinances or Resolutions) April 17,2014 Effective Date of Development Order (Same as date of publication ofnotice of approval.) April 18,2017 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 88 day af.April, 2014, by the City of Aspen Community Development Director. Chris Bendon, Community Development Director NOTICE OF APPROVAL BOUNDARY ADJUSTMENT, A FORM OF ADMINISTRATIVE SUBDIVISION, BETWEEN TWO PROPERTIES, THE FIRST DESCRIBED AS LOT 4, BLOCK 1 OF THE WEST MEADOWS SUBDIVISION, COMMONLY KNOWN AS 1340 MOUNTAIN VIEW DRIVE, AND THE SECOND DESCRIBED AS LOT 5, BLOCK 1, WEST MEADOWS SUBDIVISION, COMMONLY KNOWN AS 1330 MOUNTAIN VIEW DRIVE, CITY OF ASPEN, COLORADO. i Parcel ID No.'s 2735-013-08-007 and 2735-013-08-006 APPLICANT: Joseph P. Tallman Legacy Trust SUBJECT & SITE OF APPROVAL: Administrative subdivision - Boundary Adjustment with the purpose to I) to correct a former suivey en'or, and 2) to permit n land swap between two neighboring properties, Lots 4 and 5 of the West Meadows Subdivision, commonly known as 1330 and 1340 Mountain View Drive, respectively. SUMMARY: This application involves two separate issues permitted by a Boundary Adjustment, an administrative form of subdivision. The first involves correcting survey errors between the subject lots. A 2013 survey indicates that the recorded lots sizes for both parcels were incorrectly recorded. Also, a gnp of 242 sq. ft. has been located between the parcels. The 242 sq. A. arcn of land has historically been used by the owner of Lot 5. t, / toi 4 (1340 Mountain View DO Secondly, tlic applicant is / / proposing a boundary l adjustment along the lot line ~ i between Lots 4 and 5 of the West Meadows Subdivision. A total of 742 sq, A. is / i. proposed to be exchanged , 2 / along Ilic border between the ) , two properties. Tlie exchange ~ , /,/\9\./..\ will create minor altcrations 1 to the shitpe of [lic current li lots, as depicted by Figure B, following. ' / Figure A: Yellow indicates the 3 \ \ ,/ \ /,2/ 1 \\U location ofn 242 sq. ft. si,rvey S ~ t V Lot 5 (d30 Mountoln VIew Di) error found between properties. 6 1 / \ , 2 \,/ 1 0&- 44 '22;11 P Lurl,WKI r lor 4,11/1 2 4/ ' ..11=\ , 0,11,1.1 L;/ 1/M .C ,4.4 A .72&Â· 14 0 1...... Â·44 LOT* BLK I 0% 4 .UL -Al B Mil 1,71-4=- ts, AMID Rku,rAÂ»11'W/1,0 Figure B: Left figure depicls shapes of current lots with 242 sq. ft. gap between propertics. Right figure depictv proposed shape of lots following boundary adjustment. STAFF EVALUATION: Approval of this application is reliant on meeting the review criteria found in Section 26.480.050.C, Boundaty Adjtistment, of the Land Use Code. Exhibit B details Staffs responses to the criteria. The first code criterion for approval of a Boundary Adjustment is to correct an error in a recorded plat. In regards to the lot size issue, tlic original 1958 plat (Reception No. 106400) indicates Lot 4 is 17,345 sq. ft., while Ihe current (2013) survey measures this as 17,238 sq. n. Likewise, Lol 5 was recorded as 15,415 sq. A, while the current survey measures this as 14,787 sq. A. Tlie draft survey plat, attached ns Exhibit A, delails the current mid proposed survey conditions. Regarding Ilie gal) between Ilic lots, review ofthe stiveyor's draft i)Int (Exhibit A) indicates the location of the 242 sq. A. piece of land thilt ful Is outside of tile previous survey dimensions between Lots 4 and 5. The surveyed lot sizes and boundary line error meet the criteria for an administrative boundary adjustment. The corrected pint will reflect tlic 242 sq. ft. ofland as part of Lot 5 of the West Menclows Subdivision. 2 The second request is for n boundary adjustment as a result of n proposed land exchange between the subject lots. Tile application meets nearly all of the review criteria as written, The boundary odjustment request is between two contiguous parceIs, both of which are within R- 15 zone district. Two parcels will remain as a result of the proposed bozindary adjustment, and no Planned Development amendments nre required to as a result of this application. Within the R- 15 zone district a lot must measure at least 15,000 sq. A. and structurcs must observe a ten-foot side yard setback to be considered legally conforming. Thc current survey shows Lot 4 meets the minimum lot size requirement at 17,248 sq. ft., while Lot 5 does not meet this Utxxx requirement at 14,787 sq. ft. Neither lot's primary structure meets the required side yard setback as measured to the shared lot line. On Lot 4 the existing ~~a~~an View D,} residence measures 9' from the Â£ Stâ€¢veyed: 17.24 1 141â€¢/- -7 existing lot line, and on Lot 5 the ~ / {Ch Reco,d:17.345,411â€¢/.1/ current residence measures 7' -V##A ~ from the existing lot line. \\\. 1 2t The proposed boundary adjustment will bring Lot 5 into il-N7' compliance for minimum lot size at a measurement of 15,028 sq. ft. 01 Lot 4 will continue to meet this requirement measuring 17,345 sq. ft. (as documented in Exhibit A). 9' The existing residence on Lot 4 \ will come into compliance with \ the zone district's side yard ~ ~ r.v setback requirement by 8 I Wl<(]330 Mounlatn View Di) ineasurizig 10' fiÂ«oin the buildi,ig b St~eyed: Ii.787;qi,â€¢/ 108 Record: 15.4 13 sall â€¢/1 to the property line. However, / t tile proposed boundary \ adjustment Will cause the \/ Â· 1 - eâ€¢4140'â€¢1'40 1 residence on Lot 5 to be even more non-confonning by moving L the properly boundnry line to < approximately 3.5' froin tlie ~ ,Â·,(31â€ž,AÂ·,1 Wiw orÂ·a closest wall of the existing building. Figure C: Existing non-conformities: Side yard setback of 10' is nol nict for either existing residence. The mini,num joi size is not met for Lot 5. According to sub-section 26.480.040.D (Existing Stlitctures. Uses. and Non-Conformities) of the Code, "If approval of 3 1 a subdivision creates a non-conforining structure or use, including a structure spanning a parcel boundary, such structure or use may continue until recordation of the subdivision plat. Alternatively, the city may accept certain assurance Ilint the non-conforinities will be remedied after recordation of the subdivision plat. Such assurances shall be reflected in n development agreement or other legal mechanism acceptable to the City Attorney mid maybe time-bound or secured with a financial surely." The Applicant intends to demolish the existing house mic! replace it with n new structure flint will comply with all setbacks and requirements ofthe R- 15 zone district. Staffwill accept this application for boundary adjustinent, with the following condition. â€¢ The Applicant has 180 days from issuance of the development order to submit the plat with the City to record in a timely manner. Prior to the recordation of the final plat,the Applicant will complete demolition of the existing home on the property at 1330 Mountain View Dr., thereby eliminating the non-conformity created as a result of the Boundary Adjustment. DECISION: Staff finds the application for Boundary Adjustment between Lots 4 and 5 of the West Mendows Subdivision to nieet the criteria for an ncinilitistrative Boundary Adjustment, and APPROVES the application with n condition. APPROVED BY: BULOF>AL;bâ‚¬ ghs/ablf 1 t~zy# Clins BÂ¢ndpn 0412 / Commthliti, Development Director ~ ACgEPTED BY: C L Dw:*A Romero Date ProphÂ¢ Owner - Lot 4 rY--3>29 - -Sh/11â€¢\9 ,/los,~Tallman Legacy Trust Date/ < Properly Owner - Lot 5 Attachments: Exhibit A - Drnft Survey Plat Exhibit B - Review Standards Exhibit C - Application 4 MINOR PLAT AMENDMENT WEST MEADOWS SUBDIVISION LOT LINE ADJUSTMENT LOTS 4 & 5, BLOCK 1 CITY OF ASPEN PITKIN COUNTY. COLORADO T .51:t ~:EiFL wrs- \ a 6.6,==e.r r = 30' --=.6 r\ -4 Lar ilu: 1 -I. + .LI- h = r .- Kr ..... -L =Emm A COT 4. ILK 1 --- 0,6 \i , -*.---*~ --- -I~IL--01GENGGIWI~W-~ Wâ„¢. , -- -- De LOT U,c *unnio,1 4.A r OF LIn 4 I 1 ~00( 4 â€¢ts, w,Mxy,rs or *n' .'..... 01Â¥,1-,0.-1 Welt" 'm./ 0... n,%,ur-1 -= M DE *nr*, or W ~- i C. OIll" Exhibit B Review Criteria Section 26.480.050 Administrative Subdivision C. Boundary Adjustment. An adjustment of a lot line between contiguous lots shall be approved, approved with conditions, or denied by the Community Development Director, pursuant to Section 26.480.030, Procedures for Review, according to the following standards: 1. The request permits a boundary adjustment between contiguous parcels or corrects an error in a recorded plat. Sta# Response: The applicant's request is two-fold, to adjust the boundary between two contiguous parcels through a 742 sq. ft land swap, as well as to correct a 242 sq. ft. historical survey error between parcels. Stafffinds this criterion to be mel 2. The adjustment results in the same number of parcels. Changes in development rights for the individual lots may occur unless specifically prohibited by the original subdivision documents. StaJI Response: The proposed boundary adjustment will result in the same number of parcels Â«wo). There are no changes to the development rights for either property as a result of this request. Staifinds this criterion to be meL 3. The request complies with the requirements of Section 26.480.040, General Subdivision Review Standards. Sta# Response: The proposed boundary adjustment between these parcels has been found to comply with tile above-mentioned requirements. Both properties are and wN! continue to be located within the R-15 zone district. The swapping of 742 sq. ft between parcels will not create abnormal lot shapes, and is quite similar to what currently exists. Lot 5 will benefit from a wider northern property edge, creating a greater developable area. Lot 4 will benejit from a greater presence on the properly's southwestern edge, along North Rd. The existing residence at 1340 Mountain View Dr. is non-compliant in that it does not meet the 10' side yard setback on the eastern side of the residence. Rather, the building measures at 9' to the property boundary. The boundary adjustment will bring this building into compliance by meeting the 10' side yard setback as required by Code. The existing residence at 1330 Mountain View Dr. is non-compliant in that it does not meet the ten-foot side yard setbackfor less than a 3.5' portion of the building along the western edge of the property. The proposed boundary adjustment will create a situation where a greater portion of the existing residence will be within the 10' side yard setback. According to sub-section 26.480.040.D, Existing Structures, Uses, and Non-Conformities, of the Land Use Code, "If approval of a subdivision creates a non- conforming structure or use, including a structure spanning a parcel boundary, such 1 Applicant will have 180 days from the date of the development order to complete and record the plat with the Pitkin County Clerk and Recorder. Sta# has proposed to create a condition requiring the existing non-conforming home to be demolished prior to the recordation of the Jinal plat. This must occur with 180 days after receiving the development order for approval ofthis boundary adjustment With this condition, Staff finds this criferion to be met. 4. The adjustment does not result in a parcel lying in more than one zone district. For adjustments between parcels located in different zone districts, the adjustment shall be approved only upon an amendment to the Official Zone District Map. (Please see Section 26.304.060.B.2 and Chapter 26.310.) Sta# Response: Both properties arelocated in the R-15 zone district, and will continue to be located in the R-15 zone district as a result of this boundary adjustment. Staff Jinds this criterion to be meL 5. For adjustments belween parcels located in a Planned Development, the adjustment shall be approved conditioned upon an amendment to the Planned Development approvals or designated area, as applicable. (Please see Section 26.304.060.B.2 and Chapter 26.445.) Staff Response: These parcels are not located in a Planned Development therefore no amendment to a Planned Development approval is necessary. Sta#Jinds this criterion to be meL 6. The Boundary Adjustment Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 - Approval Documents. No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. Staff Response: The applicant will prepare a formal Boundary Adjustment Plat that will be approved by flie Community Development Department and other City departments as deemed necessary. This final pial will be recorded in the o#ice of the Pitkin County Clerk and Recorder pursuant to Chapter 26.490 tofinalize the Boundary Adjustment per the requirement of the City's Community Development Department No subdivision agreement will need to be prepared for this application. Prior to its recordation, and as a condition of the approval, Sta# will require the demolition of the existing home to prevent furthering the existing non-conformity associated with the house encroaching on the western side-yard setback Sta# jinds this criterion to be met. (Ord, No. 44-2001, Â§2; Ord. No. 12,2007, Â§Â§29,30; Ord. No. 3, Â§18; Ord. No. 37-2013, Â§ 2) 2 Page 1 of 1 ~ A ---S{Iil *61204* Print Date: Pitkin County Transaction #: 61204 Janice K. Vos Caudill 5/28/2014 10:15:24 Receipt #: 201403319 Clerk and Recorder AM Cashier Date: 5/28/2014 10:15:22 AM 530 East Main Street (PNADON) Aspen, CO 81611 (970) 429-2707 www.PitkinClerk.org Customer Information Transaction Information Payment Summary DateReceived: 05/28/2014 Source Code: Over the Counter Over the (ASPCIT) ASPEN CITY OF Q Code: Counter Total Fees $11.00 ATTN CITY CLERK Over the Total Payments $11.00 Return Code: Counter Trans Type: Recording Agent Ref Num: 1 Payments 312.11 flal CHECK 1819 $11.00 1 Recorded Items BK/PG: 107/24 Reception: 610586 Date:5/28/2014 ELI (PLAT) Pl.AT 10:15:21 AM From: To: Plat Recording @ $10 perpage $1 Surcharge 1 $11.00 0 Search Items 0 Miscellaneous Items 0 9 40 file:///C:/Program%20Files/RecordingModule/de fault.htm 5/28/2014 A'n ORNEYS & COUNSELORS AT LAW 320 WEST MAIN STREET ASPEN, COLORADO 81611-1557 TELEPHONE: (970) 025-6300 Sherman & Howard L.L.C. FAX: (970) 925-1181 OFFICES [N: DENVER Â· COLORADO SPRINGS Â· ASPEN Â· VAIL STEAMBOAT SPRINGS Â· CASPER Â· PHOENIX Â· SCOTTSDALE RENO Â· LAS VEGAS Â· Sl.LOUIS Over 120 Years of service and commitment to our clients Cheryl Heiberger Direct Dial Number: (970) 300-0117 E-Mail: cheiberger(tishermanhoward.com TRANSMITTAL LETTER Via Hand Delivery Chris Bendon Community Development Director City of Aspen 130 S Galena, Third Floor Aspen, CO 81611 Date: May 19,2014 RE: Minor Plat Amendment - Lot Line Adjustment West Meadows Subdivision for Lots 4 and Lot 5, Block 1, Pitkin County, CO 1340 Mountain View Drive (Dwayne and Margaret T. Romero) I AM SENDING TO YOU: XXXXX Two (2) original Mylar Minor Plat Amendment - Lot Line Adjustment for the above reference properties; Firm Check in the sum of $11.00 for recording fee. THESE ARE BEING DELVIERED TO YOU: XXXXX For your review, signature and submission to Josh Rice, City Engineer for his review and signature prior to recording. 1 BlfÂ« +4 Ukin BUS RE/5256850.1 Sherman & Howard L.L.C. Chris Bendon May 19, 2014 Page 2 REMARKS: Please contact me once same has been completed so that we pick up the original recorded mylar from your office . We have a time deadline to complete this matter by June 12, 2014 but would like to accomplish as soon as possible. Thank you for your assistance in this matter. Very truly yours, 46-Â«gil-Li L< Cheriyl Heiberger Paralegal Enclosures as recited 078599.001 NOTICE OF APPROVAL BOUNDARY ADJUSTMENT, A FORM OF ADMINISTRATIVE SUBDIVISION, BETWEEN TWO PROPERTIES, THE FIRST DESCRIBED AS LOT 4, BLOCK 1 OF THE WEST MEADOWS SUBDIVISION, COMMONLY KNOWN AS 1340 MOUNTAIN VIEW DRIVE, AND THE SECOND DESCRIBED AS LOT 5, BLOCK 1, WEST MEADOWS SUBDIVISION, COMMONLY KNOWN AS 1330 MOUNTAIN VIEW DRIVE, CITY OF ASPEN, COLORADO. Parcel ID No.'s 2735-013-08-007 and 2735-013-08-006 APPLICANT: Joseph P. Tallman Legacy Trust SUBJECT & SITE OF APPROVAL: Administrative subdivision - Boundary Adjustment with the purpose to 1) to correct a former survey error, and 2) to permit a land swap between two neighboring properties, Lots 4 and 5 of the West Meadows Subdivision, commonly known as 1330 and 1340 Mountain View Drive, respectively. SUMMARY: This application involves two separate issues permitted by a Boundary Adjustment, an administrative form of subdivision. The first involves correcting survey errors between the subject lots. A 2013 survey indicates that the recorded lots sizes for both parcels were incorrectly recorded. Also, a gap of 242 sq. ft. has been located between the parcels. The 242 sq. ft. area .-- of land has historically been used by the owner of Lot 5. /Â«0 Lot 4 (1340 Mountain View Dr) Secondly, the applicant is proposing a boundary --- adjustment along the lot line between Lots 4 and 5 of the ~ ~~0~01 West Meadows Subdivision. A total of 742 sq. ft. is I tty proposed to be exchanged along the border between the j two properties. The exchange \ ./ Â»1 will create minor alterations to the shape of the current . h lots, as depicted by Figure B, following. 1 *Ji~~i %\ Figure A: Yellow indicates the -9 ~ location of a 242 sq. ft. survey Z \ Lot 5 (1330 Mountain View Dr) error found between properties. 8 ~ ~ / 1 1 Â»22 ~IRB~R 8.>41 0, 202.44 im= 0 it M *40 b LOT 4, BLK1 Y LS# LOT 4, BLKI . RPC ./ LS# 15129 "* 29030 LOT 5. BLK 1 9 YPC .PC LS# 2903 2 , , rlATCPDIG De{0125 GAP 1/ ./30 5 ~- LS/~= BEr,EL,1 FOUND PROPERTY UÂ©NUMENTS 1 TONTOLOTO *i LS#~030 i,s,~of ~ 042 Â®".1 9 , I & 4 LOT 5, BLK 1 * #e g 29 LS~'10 ~ %1 1 61 % 10.C, I 'rl~c* % Â¥:A >At RPC LS# 9018 Cl "C * 80~8 . .1 ALC FIC .C LS# 33645 LS# 2376 LS# 33645 AloUNTAIN WEWDR1.2 aiâ€¢U,W Figure B: Left figure depicts shapes of current lots with 242 sq. ft. gap between properties. Right figure depicts proposed shape of lots following boundary adjustment. STAFF EVALUATION: Approval of this application is reliant on meeting the review criteria found in Section 26.480.050.C, Boundary Adjustment, of the Land Use Code. Exhibit B details Staff' s responses to the criteria. The first code criterion for approval of a Boundary Adjustment is to correct an error in a recorded plat. In regards to the lot size issue, the original 1958 plat (Reception No. 106400) indicates Lot 4 is 17,345 sq. ft., while the current (2013) survey measures this as 17,238 sq. ft. Likewise, Lot 5 was recorded as 15,415 sq. ft, while the current survey measures this as 14,787 sq. ft. The draft survey plat, attached as Exhibit A, details the current and proposed survey conditions. Regarding the gap between the lots, review of the surveyor's draft plat (Exhibit A) indicates the location of the 242 sq. ft. piece of land that falls outside of the previous survey dimensions between Lots 4 and 5. The surveyed lot sizes and boundary line error meet the criteria for an administrative boundary adjustment. The corrected plat will reflect the 242 sq. ft. of land as part of Lot 5 of the West Meadows Subdivision. 2 90,$ The second request is for a boundary adjustment as a result of a proposed land exchange between the subject lots. The application meets nearly all of the review criteria as written. The boundary adjustment request is between two contiguous parcels, both of which are within R-15 zone district. Two parcels will remain as a result of the proposed boundary adjustment, and no Planned Development amendments are required to as a result of this application. Within the R-15 zone district a lot must measure at least 15,000 sq. ft. and structures must observe a ten-foot side yard setback to be considered legally conforming. The current survey shows Lot 4 meets the minimum lot size requirement at 17,248 sq. ft., while Lot 5 does not meet this 2 1~\~\\\\--\- requirement at 14,787 sq. ft. Neither lot's primary structure meets the required side yard setback as measured to the shared lot line. On Lot 4 the existing . 2 residence measures 9' from the /~~4 (1340 Mout~In View Dr) / Surveyed: 17.241 sqft +/- -7 existing lot line, and on Lot 5 the ~ [On, Record: 17,345 sqft +/-1 ~/ current residence measures 7' ~~ from the existing lot line. The proposed boundary adjustment will bring Lot 5 into compliance for minimum lot size at a measurement of 15,028 sq. ft. Lot 4 will continue to meet this requirement measuring 17,345 sq. ft. (as documented in Exhibit A). The existing residence on Lot 4 ~ ftp will come into compliance with ~ the zone district's side yard M 1 5ij setback requirement by 1 \ Lot 5 (1'330 Mountain View Dr) measuring 10' from the building 8 \ Surveyed: 14,787 sqft +/- [On Record: 15.415 sqft +/-1 to the property line. However, the proposed boundary adjustment Will cause the -- existing lot line residence on Lot 5 to be even ,/ more non-conforming by moving the property boundary line to approximately 3.5' from the MOUNTA~NVZEW-D~VE closest wall of the existing building. Figure C: Existing non-conformities: Side yard setback of 10' is not met for either existing residence. The minimum lot size is not met for Lot 5. According to sub-section 26.480.040.D (Existing Structures, Uses, and Non-Conformities) of the Code, "If approval of 3 a subdivision creates a non-conforming structure or use, including a structure spanning a parcel boundary, such structure or use may continue until recordation of the subdivision plat. Alternatively, the city may accept certain assurance that the non-conformities will be remedied after recordation of the subdivision plat. Such assurances shall be reflected in a development agreement or other legal mechanism acceptable to the City Attorney and maybe time-bound or secured with a financial surety." The Applicant intends to demolish the existing house and replace it with a new structure that will comply with all setbacks and requirements of the R-15 zone district. Staff will accept this application for boundary adjustment, with the following condition. â€¢ The Applicant has 180 days from issuance of the development order to submit the plat with the City to record in a timely manner. Prior to the recordation of the final plat, the Applicant will complete demolition of the existing home on the property at 1330 Mountain View Dr., thereby eliminating the non-conformity created as a result of the Boundary Adjustment. DECISION: Staff finds the application for Boundary Adjustment between Lots 4 and 5 of the West Meadows Subdivision to meet the criteria for an administrative Boundary Adjustment, and APPROVES the application with a condition. APPROVED BY: (9% C k AN Â«kÂ«641 6/Chris BinÂ®n BAG / Commu~46 Development Director ACCEPTED BY: Dwayne Romero Date Property Owner - Lot 4 Joseph P. Tallman Legacy Trust Date Property Owner - Lot 5 Attachments: Exhibit A - Draft Survey Plat Exhibit B - Review Standards Exhibit C - Application 4 9,(hibiÂ·EA #5 REBAR MINOR PLAT AMENDMENT NO AP WEST MEADOWS' SUBDIVISION LOT LINE ADJUSTMENT 97'30'00'E) LOTS 4 & 5, BLOCK 1 CITY OF ASPEN PITKIN COUNTY, COLORADO #5 REBAR NO CAP â‚¬262. HATCHING DENOTES 30-aob 1' = 20' LOT 4, BLK 1 AREA . EQUAL. YPI 001*NGE 90 LS# 237/ anr oF ASPEN 17,345 SQ FT *reco/) MONUMENT 173]SSQFT=(cok) 1 1 5-159 dp I N-- 3 4 0 -1 NOTES ~y M.S. 1) LEGAL DESCRIPTION: 4 LOT 4, BLOCK 1, WEST MEADOW SUBDIVISION AND LOT 5, BLOCK 1, WEST UEADOW SUBDIVISION, AS SET FORTH ON THE PLAT RECORDED JUNE 9, 1958 IN PLAT BOOK 2A AT PAGE 245 AS RECEPTION NO. 106400 IN THE COUNTY OF PITKIN, STATE OF RPC #5 REBAR COLORADO. y NO CAP LS# 16129 2) BASIS OF BEARING: 0 15 30 60 A 8EARING OF S0518'00"W BETWEEN A FOUND REBAR AND YPC LS# 2375 AT THE N.E. PROPERTY CORNER OF LOT 5 AND A FOUND REBAR AND YFC LS# 2376 AT THE S.EL PROPERTY OF LOT 5. 1' = 30' YPC . LS 111 2903 -- HATCHiNG OEMOTES GAP LS# 2903 A .PC PRJ:.I'.'I= 3) TITLE INFORMATION FURNISHED BY LAND TITLE GUARANTEE COMPANY, ORDER NO. Q62005200-2, DATED 04/12/2013 FOR THE PREPARATION OF THIS SURVEY. 1'0 GO 1'0 LOT S -, :4Â·* 0 (242..FT.) LSÂ¢~C)30 +5Qfg r 4 9018 ~ I '82-667 E ACCURATELY LOCATE SUBJECT LOTS AND THUS IS SUBJECT TO DIFFERENT RPC ~ \- - 4) RECORD SUBDIVISION PLAT LACKS SUFFICIENT BEARINGS AND DISTANCES TO LOTS. BLK 1 4 . INTERPRETATIONS. BEARINGS AND DISTANCES IN ( ) ARE FROM RECORD PLAT. ALL ~ RPC 8 1 *1&' - arr OF ASPEN --- OTHERS ARE EITHER SCALED, CALCULATED, OR TAKEN FROM MONUMENTS FOUND IN THE ~ f L.1 901 15.413 SQFT .(re=0 6 MONUMENT iÂ· . FIELD AND SHOWN ON THIS SURVEY. 21 NO. 11 X .0 14,787 SQFTÂ«lc) 5) POSTED ADDRESS IS 1330 AND 1340 MOUNTAIN VIEW DRIVE. \1 6) UNIT OF MEASUREMENT FOR THIS SURVEY IS THE U.S. SURVEY FOOT. R 26540. 12.0' LS# 9018 Cl \1- 'e.Jok ORAU~Zzg~-TY ALC 60, ~ 81 2.A PG. 245 60 33645 /C DRAINAGE/UPUTY ~~- LS# 2316 YPC LS# 2376 EASEMENT all ZA PS. 245 LOT 4. BLK 1 MOUNTA. EWDRIVE 1% 17.23854FT , / LEGEND a - \teCK'(ES SET MONUMENT KD. CAP LS# 3-19-11 I.'-1 i SETBACK Â® - INDICATES FOUND MONUMENT AS DESCRIBED. 1 -HI DRAINAGE/UnUTY EASEMENT RPC RED PLASne CAP CERTIFICATE OF DEDICATION AND OWNERSHIP CERTIFICATE OF DEDfCAION AND OWNERSHIP 4 1 f b /1 h BK. 2.A PG. 245 IPC YELLOW PLASTIC CAP ALC ALUMINUM CAP KNOW ALL MEN BY THESE PRESENTS THAT RFiNG THE KNOW ALL MEN SY IHE5E PRESENTS Il AT RFiNG THE 1 OWNER, MORTGAGEE OR UEN HOLDER OF CERTAIN REAL PROPERTY LOCATED IN PITKIN COUNTY, OWNER, MORTGAGEE OR UEN HOLDER OF CERTAIN REAL PROPERTY LOCATED IN PITKIN COUNTY, COLORADO, DESCRIBED ON â„¢IS PLAT AS LOT 4 BLOCK 1. WEST MEADOW SUBOIVISION. COLORADO, OESCRIBED ON THIS PLAT AS LOT 5. BLOCK 1. Â¥EST MEADOW SUBDIVISDN. -4 10.0' YPC SETBACK OWNER HAS CAUSED THE PROPERTY TO BE LAID OUT, SURVEYED AND PLATTED AS SHOWN ON OWNER HAS CAUSED 'DIE PROPERTY TO SE LAID OUT. SURVEYED AND PLATTED AS SHOWN ON LS# 29030 f THIS LOT UNE ADJUSâ„¢ENT PLAT. THIS LOT UNE ADJUSTMENT PLAT. 25.00 N 10.0 / LOT 5, BLK 1 O 81.185 PG.211 ~ SETBACK --1 15,029 SQFT.i EXECUTED THIS- DAY OF A. D. 2014. EXECUTED THIS- DAY OF All 2014. 10.0' SETBACK OWNER OWNER rpc LS# 2903 NOTARY PUBLIC CER'mCATE NOTARY PUBLIC CERIMCArE / STATE OF COLORADO) STAE oF COLORADO) Ms Â» 6 - COUNTY OF PITKIN ) COUNTY OF PITKiN ) :1 RE FOREGaNG INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS - DAY - THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS - DAY- OF 2014 BY OF OF 2014 8Â¥ 7 YPC RPC WITNESS MY HAND AND OFFICIAL SEAL WITNESS 117 HAND AND OFFICIAL SEAL MY COMMISSION OPIRES MY COMMISSION EXPIRES LS# 29030 7 ye 1 2~72 1/ 1 NOTARY PUBUC NOTARY PUBLIC 10+0' 1 SEGIC< 4 - - - - COMMUNITY DEVELOPMENT DIRECTOR BK.185 PC.211 CP THIS LOT UNE ADJUSTMENT PLAT OF LOTS 4 & 5, BLOCK 1 WEST MEADOWS â€¢ Â£ 25.0 SUBDIVISION HAS BEEN REVIEWED AND APPROVED FOR COMPLIANCE WITH SETBACK SURVEYOWS CERT/AGATE THE APPUCA)LE PROVISIONS OF THE CITY OF ASPEN LAND USE CODE BY SK.185 PG.211 1. MICHAEL P. LAFFENTY. BENG A REGISTERED LAND SURVEYOR IN THE 5TATE OF COLORADO. THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS- DAY RPC \ . 4 DO HEREBY CERTIFY THAT I HAVE PREPARED THIS LOT UNE ADJUSâ„¢ENT PLAT. THAT THE OF 2014. LS# 901'f02 LOCAPON OF ALL PARCEL BOUNDARIES ARE ACCURATELY AND CORRECTLY SHOWN HEREON. THAT â„¢E SAME ARE BASED UPON FIELD SURVEYS AND CONFORM TO THOSE AS STAKED UPON ALC THE GROUND. ERROR OF CLOSURE IS LESS TH AN 1 /15.000. LS# 33645 YPC lE# 2376 COMMUNITY DEVELOPMENT DIRECTOR IN WITNESS THEREOF. 1 HAVE SET MAY HAND AND SEAL THIS - DAY OF 2014. VICNITY MAP (r , 4003 DATE MICHAEL P. LAFFERTY PLS# 37972 *As CITY ENGINEER'S REVIEW ACCEPTANCE FOR RECORDING Rocky Mountain Surveying THIS PLAT WAS REVIEWED FOR THE DEPICTION OF THE ENCINERING - - DATE SURVEYED: 08/2013 DEPARTMENT SURVEY REQUIREMENTS THIS DAY OF â„¢IS LOT UNE ADJUSâ„¢ENT PLAT HAS BEEN ACCEPTED FOR FILING IN THE OFFICE OF THE ~ , 2013. CLERK AND RECORDER OF THE COUNTY OF PIT<N STATE OF COLORADO ~ REVISED: AT__0'CLOCK,___11. THIS _.___DAY OF IN PLAT BOOK - AT FILE NO: 13028 PAGE- AS RECEPTION NUMBER - CUENT: TALLMAN CITY ENGINEER c~rt.ondal~ co 81623 NOTICE: Accon:ling to CCIOFado law you *mcc any le,wl a=on .. 4133 cry~al ~p,Ings I phone 070-379-1.9 upon any defectin 6 grvey w,thin thrce years aftcryou 5,*discovetsuehdefect. CLERK & RECORDER ~x 970Â·063-6873 In no cÂ·,cal iony any M"based upon uny defect in th,s sur,Â·cy be cammen~d rocur 1.ff@*OR.I. than =rs frum,bc datc of the ccrofi,=tion,hown ha=L gzÂ·â€¢r.\ IL >0 <.00'00 3,69.Le.Its M.63.9 LLiN M 00 el.CCS Exhibit B Review Criteria Section 26.480.050 Administrative Subdivision C. Boundary Adjustment. An adjustment of a lot line between contiguous lots shall be approved, approved with conditions, or denied by the Community Development Director, pursuant to Section 26.480.030, Procedures for Review, according to the following standards: 1. The request permits a boundary adjustment between contiguous parcels or corrects an error in a recorded plat. Staff Response: The applicant's request is two-fold, to adjust the boundary between two contiguous parcels through a 742 sq. ft. land swap, as well as to correct a 242 sq. ft. historical survey error between parcels. Stafffinds this criterion to be met. 2. The adjustment results in the same number of parcels. Changes in development rights for the individual lots may occur unless specifically prohibited by the original subdivision documents. Staff Response: The proposed boundary adjustment will result in the same number of parcels (two). There are no changes to the development rights for either property as a result of this request. Stafflinds this criterion to be met. 3. The request complies with the requirements of Section 26.480.040, General Subdivision Review Standards. Staff Response: The proposed boundary adjustment between these parcels has been found to comply with the above-mentioned requirements. Both properties are and will continue to be located within the R-15 zone district. The swapping of 742 sq. ft. between parcels will not create abnormal lot shapes, and is quite similar to what currently exists. Lot 5 will benefit from a wider northern property edge, creating a greater developable area. Lot 4 will benefit from a greater presence on the property's southwestern edge, along North Rd. The existing residence at 1340 Mountain View Dr. is non-compliant in that it does not meet the 10' side yard setback on the eastern side of the residence. Rather, the building measures at 9' to the property boundary. The boundary adjustment will bring this building into compliance by meeting the 10' side yard setback as required by Code. The existing residence at 1330 Mountain View Dr. is non-compliant in that it does not meet the ten-foot side yard setback for less than a 3.5' portion of the building along the western edge Of the property. The proposed boundary adjustment will create a situation where a greater portion of the existing residence will be within the 10' side yard setback. According to sub-section 26.480.040.D, Existing Structures, Uses, and Non-Conformities, of the Land Use Code, "If approval of a subdivision creates a non- conforming structure or use, including a structure spanning a parcel boundary, such 1 Applicant will have 180 days from the date of the development order to complete and record the plat with the Pitkin County Clerk and Recorder. Sta# has proposed to create a condition requiring the existing non-conforming home to be demolished prior to the recordation of the jinal plat. This must occur with 180 days after receiving the development orderfor approval of this boundary adjustment. With this condition, Staff finds this criterion to be met. 4. The adjustment does not result in a parcel lying in more than one zone district. For adjustments between parcels located in different zone districts, the adjustment shall be approved only upon an amendment to the Official Zone District Map. (Please see Section 26.304.060.B.2 and Chapter 26.310.) Staff Response: Both properties are located in the R-15 zone district, and will continue to be located in the R-15 zone district as a result of this boundary adjustment. Staff jinds this criterion to be met. 5. For adjustments between parcels located in a Planned Development, the adjustment shall be approved conditioned upon an amendment to the Planned Development approvals or designated area, as applicable. (Please see Section 26.304.060.B.2 and Chapter 26.445.) Staff Response: These parcels are not located in a Planned Development therefore no amendment to a Planned Development approval is necessary. Stafffinds this criterion to be met. 6. The Boundary Adjustment Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 - Approval Documents. No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. Staff Response: The applicant will prepare a formal Boundary Adjustment Plat that will be approved by the Community Development Department and other City departments as deemed necessary. This final plat will be recorded in the office of the Pitkin County Clerk and Recorder pursuant to Chapter 26.490 to Jinalize the Boundary Adjustment per the requirement of the City's Community Development Department. No subdivision agreement will need to be prepared for this application. Prior to its recordation, and as a condition of the approval, Staff will require the demolition of the existing home to prevent furthering the existing non-conformity associated with the house encroaching on the western side-yard setback. Staff finds this criterion to be met. (Ord. No. 44-2001, Â§2; Ord. No. 12,2007, Â§Â§29,30; Ord. No. 3, Â§18; Ord. No. 37-2013, Â§ 2) 2 I % % 1 Ekkiblic- City of Aspen Land Use Application for Boundary Adjustment 1340 & 1330 Mountain View Drive We seek approval of a Boundary Adjustment between 1340 and 1330 Mountain View Drive (also known as Lots 4 and 5 of the West Meadow Subdivision). Our proposal is in accordance with the criteria outlined in 26.480.050.C ("Boundary Adjustment") of the Land Use Code as follows: 26.480.050.C.1: "The request permits a boundary adjustment between contiguous parcels or corrects an error in a recorded plat." The request is for Lots 4 and 5 of the West Meadow Subdivision. These lots are adjacent, sharing the boundary to the east of Lot 4 and the west of Lot 5. 26.480.050.C.2: "The adjustment results in the same number of parcels. Changes in development rights for the individual lots may occur unless specifically prohibited by the original subdivision documents." The request retains the existence of two (2) lots, Lot 4 and Lot 5. 26.480.050.C.3: "The request complies with the requirements of Section 26.480.040, General Subdivision Review Standards." 26.480.040.A: "Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed legal vehicular access to a public way. A proposed subdivision shall not eliminate or obstruct legal vehicular access from a public way to an adjacent property. All streets in a Subdivision retained under private ownership shall be dedicated to public use to ensure adequate public emergency access. Security/privacy gates across access points and driveways are prohibited." The request does not concern any change in vehicular access from either lot to a public way. 26.480.040.B: "Alignment with Original Townsite Plat. The proposed lot lines shall approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable to the subject land. Minor deviations from the original platting lines to accommodate significant features of the site may be approved." Neither existing lot approximates the rectangular nature of Original Townsite lots. The intention of the proposed lot lines is make both lots more regular and to increase the development potential of each. For Lot 4, the proposed Adjustment would bring the existing house into conformance with a 10'-0" side yard setback and increase the usability and clarity of its front yard and approach. The adjustment on the north side would not significantly impact Lot 4. For Lot 5, the proposed Adjustment would significantly widen the development area and usability of the northern portion of the site. 26.480.040.C: "Zoning Conformance. All new lots shall conform to the requirements of the zone district in which the property is situated, including variations and variances approved pursuant to this Title. A single lot shall not be located in more than one zone district unless unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review." No change in zoning is requested for either lot, both of which are within the R-15 zone district. Neither proposed lot would be located in more than one zone district. Both proposed lots conform to the requirements outlined in 26.710.050 ("Moderate- Density Residential (R-15)"). Each lot contains one (1) detached residential dwelling (26.710.050.B. 1), and each lot is greater than fifteen thousand (15,000) square feet (26.710.050.D). 26.480.040.D: "Existing Structures, Uses, and Non-Conformities. A subdivision shall not create or increase the non-conformity of a use, structure or parcel. A rezoning application or other mechanism to correct the non-conforming nature of a use, structure, or parcel may be considered concurrently. In the case where an existing structure or use occupies a site eligible for subdivision, the structure need not be demolished and the use not be discontinued prior to application for subdivision. If approval of a subdivision creates non-conforming structure or use, including a structure spanning a parcel boundary, such structure or use may continue until recordation of the subdivision plat. Alternatively, the City may accept certain assurances that the non- conformities will be remedied after recordation of the subdivision plat. Such assurances shall be reflected in a development agreement or other legal mechanism acceptable to the City Attorney and may be time-bound or secured with a financial surety." The boundary adjustment does not create or increase the non-conformity of a use, structure, or parcel. No rezoning is requested. The approval of the boundary adjustment would result in the increase of a non- conforming existing structure on Lot 5 which would end up further within the new side yard setback. We request that the City accept our assurances that this will be remedied by pending demolition of said structure. This Boundary Adjustment application has been filed concurrently with an application for the review of compliance with the Residential Design Standards for a proposed new construction upon this lot which would comply with these new setbacks. 26.480.050.C.4: "The adjustment does not result in a parcel lying in more than one zone district. For adjustments between parcels located in different zone districts, the adjustment shall be approved only upon an amendment to the Official Zone District Map. (Please see Section 26.304.060.B.2 and Chapter 26.310.)" The entirety of the property contained within Lots 4 and 5 is within one contiguous R-15 zone district, therefor all property exchanged between the two lots would remain within the same one zone district. . 26.480.050.C.5: "For adjustments between parcels located in a Planned Development, the adjustment shall be approved conditioned upon an amendment to the Planned Development approvals or designated area, as applicable. (Please see Section 26.304.060.B.2 and Chapter 26.445.)" The request does not concern properties within a Planned Development. RECP <VEI10*202*iT OPLY - Cli i OF,46'll,4 COU DEV CITY OF ASPEN IAN 1 6 2014 JAN 16 REC'D PRE-APPLICATION CONFERE 885/1#Wak,egi/ai:FARâ€¢o-K PLANNER: Sara Nadolny - 970.429.273g COMMUNiTY DEVELE#FNTE~11*277 UPDATED 12.10.2013 PROJECT: 1330/ i 340 Mountain View Dr. - Subdivision Amendment REPRESENTATIVE: Ali Gidfar-ali@workshop8.us , Â¥Ai ct,Â·~(le Wa Aki l - mick, I le @ ch oreoled .5 TYPE OF APPLICATION: Subdivision, Other Amendment DESCRIPTION: The applicant, owner of 1330 Mountain View Dr. is interested in pursuing a lot line adjustment with the neighboring property, 1340 Mountain View Dr., which will result in 742 sq. ft. of land being exchanged between the two properties. Each property will maintain the same amount of square footage as currently exists. The property exchange is proposed to occur along the lot line between the two subjed parcels. The subjed properties are currently owned by family members. The purpose to this exchange is to allow the owners of 1330 to benefit from a wider northern property line that is intended to be preserved for views, while 1340 will benefit from a greater presence and exposure to Mountain View Dr. These parcels are part of the West Meadow Subdivision, which has a Homeowner's Association. 1330 is Lot 5 of this subdivision, and 1340 is lot 4 of this subdivision. The applicant will be required to provide a letter of approval from the HOA for this project as part of the application. The West Meadow Subdivision was approved in 1958, with the final plat recorded at Reception No. 106400, Book 2, Pg 245. The applicant is also interested in pursuing two Residential Design Standards Variances, based on the outcome of the lot line adjustment request. The applicant intends on demolishing the current residence and replacing it with a new single family home. The applicant is requesting variances from the following standards: â€¢ 26.410.040.D. 1.a - "The entry door shall face the street and be no more than ten (10) feet back from the front-most wall of the building..." and â€¢ 26.410.040.D.3.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 (12) feet above the finished first floor..." A third variance may be sought regarding the size of the first story element. The subject parcel is located in the R-15 zone district, and is outside of the Aspen Infill Area, and therefore not required to meet the Residential Design Standards related to secondary mass, non-orthogonal windows, and inflection. All other standards shall apply. This application involves a two-step process. The lot line adjustment is a land use case that will be reviewed administratively, while the Residential Design Standards application will be reviewed by the Planning & Zoning Commission during a duly noticed public hearing. Below are links to the Land Use Application form and Land Use Code for your convenience. - 05da:UOTtS\A.,U Land Use Application Form: Land Use application (* K-Â·05 Jomit Land Use Code: Land Use Code Applicable Land Use Code Section(s) RECEIVED 26.304 Common Development Review Procedures 26.480.030.1 Lot line adjustment JAN 1 6 2014 26.410.D Residential Design Standards - Variances 26.410.040.D.1.a Street oriented entrance and principal window CITY OF ASPEN 26.410.040.D.3.a Windows COMMUNITY DEVELOPMENT 1 Review by: - Planning Staff for compliance/completeness * '4 '1 - Planning Staff for Lot Line Adjustment < ' - P&Z for Residential Design Standard Variances Public Hearing: Required - P&Z Planning Fees: $4550 Deposit, which breaks down into the following: - $1,300 for 4 hours of staff time - Lot Line Adjustment. - $3,250 for 10 hours of staff time - RDS Variance *Additional staff time required will be billed at a rate of $325/hour Referral Fees: No referrals are anticipated at this time Total Deposit: $ 4550 Total Number of Application Copies: Ten (10) for P&Z To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's names, addresses and telephone numbers, contained within a letter signed by each applicant stating the name, address, and telephone number of the representative authorized to act on their behalf. 3. Street addresses and legal descriptions of the parcels on which the land exchange is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Letter of consent from the Homeowner's Association. 9. A written description of the proposal and a written explanation of how proposed development complies with the review standards relevant to the development application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Joseph R Tallman 380 Inca Parkway Boulder, CO 80303 (303) 909-0126 December 20, 2013 To whom it may concern: I recognize Ali Gidfar as my representative authorized to act on my behalf in the matter of the lot line adjustment between my property at 1330 Mountain View Drive, and the adjacent property at 1340 Mountain View Drive, Aspen Colorado. Ali Gidfar as my architect is authorized to represent me in all proceedings related to the Land Use Application process. His address is: 4383 Apple Court, Boulder, CO 80301 Sincerely, //9.-- 0 Jd*i;Fi-P. Tallman -7 Dwayne Romero 1340 Mountain View Drive Aspen, CO 81611 (970) 544-9357 December 20, 2013 To whom it may concern: I recognize Ali Gidfar as my representative authorized to act on my behalf in the matter of the lot line adjustment between my property and the adjacent property at 1330 Mountain View Drive. His address is: 4383 Apple Court, Boulder, CO 80301 Sincerely, 51 . A . 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Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and + Property Tallman Joseph P Legacy Trust Phone No.: 303.909.0126 Owner ("1"): - Email: JLST2@comcast.net Address of 1330 Mountain View Dr Billing 380 Inca Pkwy Property: Address: Boulder CO 80303 (subject of (send bills here) application) Â· 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. $ flat fee for . $ flat fee for $ flat fee for . $ 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. $ 4,550 deposit for 14 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $315 per hour. $ 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: 02Â»2- - Chris Bendon / \-;3 Community Development Director <Name: loserti 7 -TAll-MAN Title: City Use: Fees Due: $ Received: $ .~ouniber. 2011 ( it> of.,\N},en 13(1 4. Galena St. (97 ))920-5090 ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: Private Single Family Residence Location: 1330 Mountain View Drive (Lot 5, West Meadow Subdivision, Block 1) (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273501308006 APPLICANT: Name: Joseph Tallman Address: 380 Inca Pkwy, Boulder CO 80303 Phone #: 303.909.0126 REPRESENTATIVE: Name: Ali Gidfar 4383 Apple Ct, Boulder CO 80301 Address: Phone #: 303.669.3370 TYPE OF APPLICATION: (please check all that apply): GMQS Exemption U Conceptual PUD U Temporary Use GMQS Allotment Â£ Final PUD (& PUD Amendment) E Text/Map Amendment Special Review U Subdivision U Conceptual SPA ESA - 8040 Greenline, Stream U Subdivision Exemption (includes D Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review D Lot Split U Small Lodge Conversion/ Expansion Â® Residential Design Variance E Lot Line Adjustment U Other: D Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 1838sf ranch-style single family residence with 575sf attached garage and 792sf wood deck; house has 3 bedrooms and 3 baths. PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) two-story single family residence with basement and attached garage; 1 st floor = 2616sf, 2nd floor = 1563sf, garage = 536sf Have you attached the following? FEES DUE: $ 4550 Â£ Pre-Application Conference Summary [3 Attachment #1, Signed Fee Agreement U Response to Attachment #3, Dimensional Requirements Form U Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ~ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. O 008Â· 20\4, GE>L U C-.kack- 4 \ Â© 6 K ec * 35-386 0010 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Single Family Residence Applicant: Ali Gidfar for Joseph Tallman Location: 1330 Mountain View Dr Zone District: H-15 Lot Size: 15,028sf Lot Area: 15,028sf (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: O Proposed: O Number of residential units: Existing: 1 Proposed: 1 Number ofbedrooms: Existing: 3 Proposed: 6 Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: 2,038sf Allowable: 4,502sf Proposed: 4,501 sf Principal bldg. height: Existing: +1- 14\ Allowable: 25'-0" Proposed: 24'-11" Access. bldg. height: Existing: - Allowable: - Proposed: - On-Site parking: Existing: - Required: Proposed: - % Site coverage: Existing: 21.3% Required. no reg. Proposed. 23.9% % Open Space: Existing: - Required: no reg. Proposed: - Front Setback: Existing: 40'-4" Required: 25'-0" Proposed: 25'-1/2" Rear Setback: Existing: 93'-1" Required: 10'-0" Proposed 74'-21/2" Combined F/R: Existing: 133L5" Required: 35'-0" Proposed: 99'-3" Side Setback: Existing:11'-9 1/2% Required: 10'_0" Proposed: 10'-1/2' Side Setback: Existing:5'-10 1/2"Required. 10'-0" Proposed.. 10'-1/2" Combined Sides: Existing: 17'-8" Required. 20'-0" Proposed: 20'-1" Distance Between Existing - Required: - Proposed: - Buildings Existing non-conformities or encroachments: Variations requested: West Meadow SldidiVision Homeownef's Association January 15, 2014 Michelle Frankel Studio 303, Inc. 3483 Apple Ct. Boulder, CO 80301 Dear Michelle: Thank you for submitting the (12.23.2013) Schematic plans on behalf of The Joseph P. Tallman Legacy Trust for the new residence proposed at 1330 Mountain View Drive. With the letter of commitment from the owner that an ADU will not be developed on the property and a cash in lieu payment will be negotiated, The Architectural Control Committee has approved your submission. Our approval is conditional to the cash in lieu payment vs. development of an ADU which is not allowed in our subdivision. Please provide an updated set of drawings upon receipt of your building permit in addition to copy of the construction management plan you issue for permit. Sincerelv 4 - 3 7 jutia.Mable, R.A. & Cathy Tierney 44/44. Architectural Control Committee West Meadow Subdivision Homeownefs Association cc: Raifie Bass. President COMMITMENT for TITLE INSURANCE issued by ~ TITLE COMPANY of the rockies as agent for WESTCOR LAND TITLE INSURANCE COMPANY Reference: Commitment Number: 0704188-C Commitment Ordered By: Inquiries should be directed to: Susan Hass Dwayne Romero Title Company of the Rockies 1340 Mountain View Drive 132 W. Main Street, Suite B Aspen, CO 81611 Aspen, CO 81611 Phone: (970) 920-9299 Fax: (970) 920-5352 email: shass@titlecorockies.com Reference Property Address: 1340 Mountain View Drive, Aspen, CO 81611 SCHEDULE A 1. EffectiveDate: December 20,2013,7:00 am Issue Date January 13,2014 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06) Policy Amount: Amount to be Determined Premium: Amount to be Determined Proposed Insured: A Buyer To Be Determined 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: Dwayne Romero and Margaret T. Romero, in joint tenancy 4. The Land referred to in this Commitment is located in the County of Pitkin, State of Colorado, and is described as follows: Lot 4, Block 1, WEST MEADOW SUBDIVISION, according to the Plat thereof filed June 9, 1958, in Ditch Book ZA at Page 245. Alta Commitment - 2006 Schedule A Commitment No. 0704188-C Schedule B-I Requirements COMMITMENT FOR TITLE INSURANCE ~CHEDULE B - ~ECTION I REQUIREMENTS THE 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. Release by the Public Trustee of Pitkin County of the Deed of Trust from Dwayne Romero and Margaret T. Romero for the use of ING Bank, FSB, to secure $2,300,000.00, dated March 10, 2008, and recorded March 14,2008, at Reception No. 547390. 2. Release by the Public Trustee of Pitkin County of the Deed of Trust from Dwayne Romero and Margaret T. Romero for the use of U.S. Bank National Association N.D., to secure $325,000.00, dated August 23, 2010, and recorded September 15, 2010, at Reception No. 573578. NOTE: Subordination Agreement recorded January 2, 2013, at Reception No. 595720. 3. Release by the Public Trustee of Pitkin County of the Deed of Trust from Dwayne L. Romero and Margaret T. Romero for the use of Bank of America, N.A., to secure $1,970,000.00, dated December 24,2012, and recorded January 2, 2013, at Reception No. 595707. 4. Deed from Dwayne Romero and Margaret T. Romero, in joint tenancy to A Buyer To Be Determined. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288- CRA 39-14-102. 5. Evidence satisfactory to the Company or its duly authorized agent either (a) that the "real estate transfer taxes" imposed by Ordinance No. 20 (Series of 1979), and by Ordinance No. 13, (Series of 1990), of the City of Aspen, Colorado have been paid, and that the liens imposed thereby have been fully satisfied, or (b) that Certificates of Exemption have been issued pursuant to the provisions thereof. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF Alta Commitment - 2006 Schedule B-I Requirements Commitment No. 0704188-C Schedule B-I Requirements (continued) INSURANCE. Alla Commitment - 2006 Schedule B-I Requirements (continued) Commitment No. 0704188-C Schedule B-II Exceptions ~OMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION II EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, rights, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, 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. 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. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded August 17, 1889 in Book 55 at Page 5. 8. Restrictions, which do not contain a forfeiture or reverter clause, as contained in instrument recorded September 29, 1958, in Book 185 at Page 211, as amended by instrument recorded April 4,1959, in Book 187 at Page 183, October 5, 1979 in Book 377 at Page 227, August 18, 1994, in Book 758 at Page 850, November 11,2005, at Reception No. 517375 and October 17,2008, at Reception No. 553656. 9. Easements, rights of way and all other matters as shown on the Plat of said subdivision filed June 9, 1958 in Ditch Book 2A at Page 245. 10. All matters disclosed on the Survey by River City Surveys, LLC, Job No. 5171, dated February 23, 2006 and filed February 28,2006, in Plat Book 77 at Page 80. Alta Commitment - 2006 Schedule B-II Exceptions K Commitment No. 0704188-C Disclosure Statements DISCLOSURE STATEMENTS Note 1: Colorado Division o f Insurance Note 5: Pursuant to C.R.S. Â§10-11-123 Note 10: Pursuant to Regulation 3-5-1 Regulations 3-5-1, Paragraph C of Article VII, Notice is hereby given: Section 9 (G) notice is hereby given that requires that (a) If there is recorded evidence that a mineral "Until a title entity receives written "Every Title entity shall be responsible for estate has been severed, leased or otherwise instructions pertaining to the holding of all matters which appear of record prior to the conveyed from the surface estate then there fiduciary funds, in a form agreeable to the title time of recording whenever the Title entity is a substantial likelihood that a third party entity, it shall comply with the following: conducts the closing and is responsible for holds some or all interest in oil, gas, other 1. The title entity shall deposit funds into an recording or filing of legal documents minerals, or geothenÂ·nal energy in the escrow, trust, or other fiduciarv account resulting from the transaction which was property, and and hold them in a fiduciary capacity. closed." (Gap Protection) (b) That such mineral estate may include the 2. The title entity shall use any funds right to enter and use the property without designated as "earnest money" for the the surface owner's pernlission. consummation of the transaction as Note 2: Exception No. 4 of Schedule B, evidenced by the contract to buy and sell Section 2 of this Commitment may be deleted Note 6: Effective September 1,1997, C.R.S real estate applicable to said transaction, from the Owner's Policy to be issued Â§30-10-406 requires that all documents except as otherwise provided in this hereunder upon compliance with the received for recording or filing in the clerk section. If the transaction does not close, following conditions: and recorder's office shall contain a top the title entity shall A. The Land described in Schedule A of this margin of at least one inch and a left, right a. Release the earnest money funds as commitment must be a single-family and bottom margin of at least one-half inch directed by written instructions signed residence, which includes a condominium the clerk and recorder may refuse to record or by both the buyer and seller. or or townhouse unit, file any document that does not conform. b. If acceptable written instructions are not B. No labor or materials may have been received, uncontested funds shall be furnished by mechanics or materialmen for Note7: OurÂ· Privacy Policy: held by the title entity for 180 days from purpose of construction on the Land We will not reveal nonpublic personal the scheduled date of closing, after described in Schedule A of this customer information to any external non- which the title entity shall return said Commitment within the past 13 months. affiliated organization unless we have been funds to the payor. C, The Company must receive an appropriate authorized by the customer, or are required by 3. In the event of any controversy regarding affidavit indemnifying the Company law. the funds held by the title entity against unfiled mechanic's and (notwithstanding any termination of the materialmen's liens. NoteS: Records: contract), the title entity shall not be D. Any deviation from conditions A though C Regulation 3-5-1 Section 7 (N) provides that required to take any action unless and until above is subject to such additional each title entity shall maintain adequate such controversy is resolved. At its option requirements or Information as the documentation and records sufficient to show and discretion, the title entity may: Company may deem necessary, or, at its compliance with this regulation and Title 10 a, Await any proceeding, or option, the Company may refuse to delete of the Colorado Revised Statutes for a period b. Interplead all parties and deposit such the exception. of not less than seven (7) years, except as funds into a court of competent E. Payment of the premium for said coverage. otherwise permitted by law. jurisdiction. and recover court costs and reasonable attorney and legal fees, or Note 9: Pursuant Regulation 3-5-1 Section 9 c. Deliver written notice to the buyer and Note 3: The following disclosures are hereby (F) notice is hereby given that seller that unless the title entity receives made pursuant to Â§10-11-122, C.R. S.: "A title entity shall not earn interest on a copy of a summons and complaint or (i) The subject real property may be located in fiduciary funds unless disclosure is made to claim (between buyer and seller), a special taxing district; all necessary parties to a transaction that containing the case number of the (ii) A certificate of taxes due listing each interest is or has been earned. Said disclosure lawsuit or lawsuits, within 120 days of taxing jurisdiction shall be obtained from must offer the opportunity to receive payment the title entity's written notice delivered the County TreasurÂ·er or the County of any interest earned on such funds beyond to the parties, title entity shall return the Treasurer's authorized agent; and any administrative fees as may be on file with funds to the depositing party." (iii) Information regarding special districts the division. Said disclosure must be clear and the boundaries of such districts may be and conspicuous, and may be made at any obtained from the County Commissioners, time up to and including closing." the County Clerk and Recorder, or the Be advised that the closing agent will or County Assessor. could charge an Administrative Fee for processing such an additional services request Note 4: If the sales price of the subject and any resulting payee will also be subjected property exceeds $100,000.0~5 the seller shall to a W-9 or other required tax documentation be required to comply with the disclosure or for such purpose(s). withholding provisions of C.R. S. Â§39-22- Be further advised that, for many 604.5 (Non-resident withholding). transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g, any money over any administrative fees involved in figuring the amounts earned). Disclosure Statements A , Anti-Fraud Statement 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. This anti-fraud statement is affixed to and made a part of this policy. COMMITMENT for TITLE INSURANCE issued by ~|~TITLE COMPANY F'1111'v of the rockles as agent for ~ESTCOR LiNI) TITLE INSURANCE COMPANY Reference: Commitment Number: 0704189-C Commitment Ordered By: Inquiries should be directed to: Susan Hass Dwayne Romero Title Company of the Rockies 1340 Mountain View Drive 132 W. Main Street, Suite B Aspen, CO 81611 Aspen, CO 81611 Phone: (970) 920-9299 Fax: (970) 920-5352 email: shass@titlecorockies.com Reference Property Address: 1330 Mountain View Drive, Aspen, CO 81611 SCHEDULE A 1. EffectiveDate: December 20,2013,7:00 am Issue Date: January 13,2014 2. Policy (or Policies) to be issued ALTA Owner's Policy (6-17-06) Policy Amount: Amount to be Determined Premium: Amount to be Determined Proposed Insured: A Buyer To Be Determined 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: Joseph P. Tallman Legacy Trust 4. The Land referred to in this Commitment is located in the County of Pitkin, State of Colorado, and is described as follows: Lot 5, Block 1, WEST MEADOW SUBDIVISION, according to the Plat thereof filed June 9, 1958, in Ditch Book 2A at Page 245. Alta Commitment - 2006 Schedule A Commitment No. 0704189-C Schedule B-I Requirements ~OMMITMENT FOR TITLE INSURANCE SCHEDULE B - ~ECTION I REQUIREMENTS THE 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. Release by the Public Trustee ofPitkin County of the Deed of Trust from The Steinhurst Colorado Trust UAD September 22,2004 for the use of Karen Steinhurst Life Insurance Trust U/A DTD 08/21/1996, to secure $957,591.00, dated December 20,2007, and recorded December 20,2007, at Reception No. 545088. 2. Deed from Joseph P. Tallman Legacy Trust to A Buyer To Be Determined. NOTE Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288- CRA 39-14-102. NOTE Statement of authority for Joseph P. Tallman Legacy Trust, a Colorado trust, recorded May 24,2013, discloses that the names and addresses ofthe trustee(s) authorized to act on behalf of the trust are as follows Joseph P. Tallman and Elizabeth M. Snowden, 3. Evidence satisfactory to the Company or its duly authorized agent either (a) that the "real estate transfer taxes" imposed by Ordinance No. 20 (Series of 1979), and by Ordinance No. 13, (Series of 1990), of the City of Aspen, Colorado have been paid, and that the liens imposed thereby have been fully satisfied, or (b) that Certificates of Exemption have been issued pursuant to the provisions thereof. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. Alta Commitment - 2006 Schedule B-I Requirements Commitment No. 0704189-C Schedule B-Il Exceptions QOMMITMENT FOR ~ITLE INSURANCE SCHEDULE B - SECTION I[ EXCEPTIONS Schedule B ofthe policy or policies to be issued will contain exceptions to the following matters unless the same are disposed o f to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, rights, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, 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. 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 ofthe 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. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded August 17, 1889 in Book 55 at Page 5. 8. Restrictions, which do not contain a forfeiture or reverter clause, as contained in instrument recorded September 29, 1958, in Book 185 at Page 211, as amended by instrument recorded April 4,1959, in Book 187 at Page 183, October 5,1979 in Book 377 at Page 227, August 18, 1994, in Book 758 at Page 850, November 11,2005, at Reception No. 517375 and October 17,2008, at Reception No. 553656. 9. Easements, rights of way and all other matters as shown on the Plat of said subdivision filed June 9, 1958 in Ditch Book 2A at Page 245. 10. All right, title, claim, demand or interest which may be asserted by the owners of adjoining property in and to subject property orby the owners of subject property in and to adjacent property, based on adverse possession or otherwise, due to or resulting from the failure of the fences located on subject property and adjacent property to follow established boundary lines, as evidenced by Warranty Deed recorded May 24, 2013, at Reception No. 599814. Alta Commitment - 2006 Schedule B.II Exceptions Commitment No. 0704189-C Disclosure Statements DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Note 5: Pursuant to C.R.S. Â§10-11-123 Note 10: Pursuant to Regulation 3-5-1 Regulations 3-5-1, Paragraph C of Article VII Notice is hereby given Section 9 (G) notice is hereby given that requires that (a) 11- there is recorded evidence that a mineral "Until a title entity receives written "lively Title entity shall be responsible for estate has been severed, leased or otherwise instructions pertaining to the holding of all matters which appear of record prior to the conveyed froIn the suriace estate then there fiduciary funds, in a form agreeable to the title time of recording whenever the Title entity is a substantial likelihood that a third party entity, it shall comply with the following: conducts the closing and is responsible for holds some or all interest in oil, gas, other 1. The title entity shall deposit funds into an recording or filing of legal documents minerals, or geothermal energy in the escrow, trust, or other fiduciary account resulting from the transaction which was property, and and hold them in a fiduciary capacity. closed." (Gap Protection) (b) That such mineral estate may include the 2. The title entity shall use any funds right to enter and use the property without designated as Cearnest money" for the the surface owner's permission, eonsummation of the transaction as Note 2: Exception No. 4 of Schedule B. evidenced by the contract to buy and sell Section 2 of this Commitment may be deleted Note 6: Effective September 1, 1997, C.R,S. real estate applicable to said transaction, from the Owner's Policy to be issued Â§30-10-406 requires that all documents except as otherwise provided in this hereunder upon compliance with the received for recording or filing in the clerk section. If the transaction does not close. following conditionsÂ· and recorder's office shall contain a top the title entity shall ~ A. The Land described in Schedule A of this margin of at least one inch and a left right a. Release the earnest money funds as commitment must be a single-family and bottom margin of at least one-half inch directed by written instructions signed residence, which includes a condominium the clerk and recorder mav refuse to record or by both the buyer and seller. or or townhouse unit. file any document that does not confonn. b. If- acceptable written instructions are not B. No labor or materials inaÂ¥ have been received, uncontested funds shall be furnished by mechanics or materialmen for Note 7: Our Privacy Policy: held by the title entity for 180 days from pwpose of construction on the Land We will not reveal nonpublic personal the scheduled date of- closing, after described in Schedule A of this customer information to any external non- which the title entity shall return said Commitment within the past 13 months. affiliated organization unless we have been funds to the payor. C. The Company must receive an appropriate authorized by the customer, or are required by 3. In the event of any controversy regarding affidavit indemnifying the Company law. the funds held by the title entitv against unfiled mechanic's and (notwithstanding any tennination of the materialmen's liens. NoteN: Records contract), the title entity shall not be D. Any deviation from conditions A though C Regulation 3-5-1 Section 7 (N) provides that required to take any action unless and until above is subject to such additional each title entity shall maintain adequate such controversy is resolved. At its option requirements or Infonnation as the documentation and records sufficient to show and discretion, the title entity may: Company may deem necessary, or, at its compliance with this regulation and Title 10 a. Await any proceeding; or option, the Company may refuse to delete of the Colorado Revised Statutes for a period b. Interplead all parties and deposit such the exception. of not less than seven (7) years, except as funds into a court of competent E. Payment of the premium for said coverage. otherwise permitted bÂ¥ law, jurisdiction, and recover court costs and reasonable attorney and legal fees; or Note 9: Pursuant Regulation 3-5-1 Section 9 c. Deliver written notice to the buyer and Note 3: The following disclosures are hereby (F) notice is hereby given that seller that unless the title entity receives made pursuant to Â§10-11-122, C.R.S.: "A title entity shall not earn interest on a copv of a summons and complaint or (i) The subject real property may be located in fiduciary funds unless disclosure is made to claim (between buyer and seller), a special taxing district; all necessary parties to a transaction that containing the case number of the (ii) A certificate of taxes due listing each interest is or has been earned. Said disclosure lawsuit or lawsuits, within 120 days of taxing jurisdiction shall be obtained from must offer the opportunity to receive payment the title entity's written notice delivered the County Treasurer or the County of any interest earned on such funds beyond to the parties, title entity shall return the Treasurer's authorized agent; and any administrative fees as may be on file with funds to the depositing party." (iii) Infonnation regarding special districts the division. Said disclosure must be clear and the boundaries of such districts may be and conspicuous, and may be made at any obtained from the County Commissioners, time up to and including closing.' the County Clerk and Recorder, or the Be advised that the closing agent will or County Assessor could charge an Administrative Fee for processing such an additional services request Note 4: If the sales price of the subject and any resulting payee will also be subjected propert> exceeds $100,000.00, the seller shall to a W-9 or other required tax documentation be required to comply with the disclosure or for such purpose(s). withholding provisions of C.R. S. Â§39-22- Be further advised that- for many 604.5 (Non-resident withholding). transactions, the imposed Administrative Fee associated with such an additional service may exceed any suell interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figur-ing the amounts earned). Disclosure Statements . Anti-Fraud Statement 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. This anti-fraud statement is affixed to and made a part of this policy. \ \ ./ 0 C 742 sqft +/- \ 40 new lot line ~ 1 . . N ot 4 (1340 Mountai iew Dr) 1 \ Surveyed: 17,241 sqft +/- 10'-0" [On Record: 17,345 sqft +/-] / setback 1 / 1 1 1 / (3 1 1 - existing trees / ./ /Of near lot line zi \ 4 / 1 , , / 1 \ . Oct \ 1 1 / \ new build-to j - existing 10 line 21 extents / 1 1 - \ 3 / 1 1 1 1 m - - \ N / 5 1. 4 new build-to extbpnts 1 // \ / f I 7 4 1 742 sqft +/- , Â« e // i \ /0, 1 \/ I / / . 0016 / 1 29-u 1 1 setback . 1 1 / 1 â€¢ 1 n lot line ~ \ \ \ 1 -I \ \ t 5 (1330 Mountain View Dr) C Surveyed: 14,787 sqft +/- [On Record: 15,415 sqft +/-1 1 1 0,-U setback _~ ___ -New lot size with addition of 242 sqft -Of *re-viously unacco-unted for i property: 15,028 sqft +/- - existing lot line 1 - MOUNTAIN VIEW DRIVE ~~~~~~~~----------- 1330 & 1340 Mountain View Drive Proposed Lot Line Adjustment I scale 1 "=16' Luesse +Uell.leSID@ CIVOW H13]ON \0- .Vt 1,0-152 313'Dqles RECEPTION#: 610586, 05/28/2014 at 10:15:21 OF 1, R $11.00 Janice K. Vcs Caudill, Pitkin County, CO Pl 107 PG 24 B 107 P24 MINOR PLAT AMENDMENT ~ WEST MEADO-WS SUBDIVISION 41- LOT LINE ADJUSTMENT t VICINITY MAP (l" = 400') "The purpose of this amended plat, is to adjust the boundaries of the two properties to increase the width of Lot 5's northern boundary while concurrently #5 REBAR increasing the width of the southern boundary of Lot 4 on North Street. This process revealed a gap between found monuments between the boundaries of the two ~~~~~~~~~0 NO AP properties, which has been incorporated into Lot 5, The lot line adjustment has resulted in an equal exchange between the two properties. 10 = 20' LOT 4, BLOCK 1, WEST MEADOW SUBDIVISION AND LOT 5, BLOCK 1, WEST MEADOW SUBDIVISION, AS SET FORTH ON THE PLAT RECORDED JUNE 9, 1958 IN PLAT BOOK 2A AT PAGE 245 AS RECEPTION NO. 106400 IN THE CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. 567'30'00E) (20200 0 15 30 60 CITY OF ASPEN MONUMENT S-159 1* = 30' #5 RE8AR NO CAP 3 ./.> 0 . HATCHING DENOTES ./ AREA OF EQUAL , YPI NOTES EXCHANGE co LS# 2376 P. #5 REBAR 1) BASIS OF BEARING: / NO C.F A BEAR]NG OF S0578'00"W BETWEEN A FOUND REBAR AND YPC LS# 2376 AT THE N E LOT 4, BLK 1 PROPERTY CORNER OF LOT 5 AND A FOUND REBAR AND YPC LS# 2376 AT THE S E ]7345 SQ / i(Itcold) PROPERTY OF LOT 5. 37 17238 SQFT,(caÂ£) 2) TITLE INFORMATION FURNISHED BY LAND TITLE GUARANTEE COMPANY, ORDER NO. 062005200-2, DATED 04/12/2013 FOR THE PREPARATION OF THIS SURVEY 2: E RPC 3) RECORD SUBDIVSION PLAT LACKS SUFFICIENT BEARINGS AND DISTANCES TO ' (9 ACCURATELY LOCATE SUBJECT LOTS AND THUS FS SUBJECT TO DIFFERENT 3\ LS# 16129 O 0 0 60 OTHERS ARE EITHER SCALED, CALCULATED, OR TAKEN FROM MONUMENTS FOUND IN THE INTERPRETATIONS. BEARINGS AND DISTANCES IN ( ) ARE FROM RECORD PLAT. ALL 182.47-E FIELD AND SHOWN ON THIS SURVEY. CITY OF ASPEN ~ ~ 12.0 .C MONUMENT 4) POSTED ADDRESS IS 1330 AND 1340 MOUNTAIN VIEW DRIVE. LS# 29030 3 HAICHING DENOTES GAP NO 11 \ DRAINAGEMILITY 5) UNIT OF MEASUREMENT FOR THIS SURVEY IS THE U.S SURVEY FOOT. N'PC BETWEEN FOUND 6 Ls, 29030 PROPERTY .ONU.. \ EASEMENT BK. 2A PG. 245 TO GO TO LOT 5 ~ i Â¥PC #*gl / sn)18 (242 E...) \ J. LS# 29030 2 RPC aa \ 12.0 LS# 9018 E \ DRAINAGE/Unll TY * LOT 5, BLK 1 0 Â· 2 ' Â· 8% 30.2 EASEMENT SK, ZA PG. 245 i \ iNAGEN UTÂ¥ Â· ~ LOT 4. BLK 1 15 415 SQ Fl â€¢(re.~02) U-- 6.0' 14,787 SQ FT *ca' Â¢) EASEMENT .C 11 Bl< 2A PG. 245 LS# 2376 17,238 SQFT + LEGEND LS#9018 (CD IE-~ACK LS# 2376 ALC - INDICATES FOUND MONUMENT AS DESCRIBED. LS# 33645 .C 6.0' - DRAINAGE/UTiLITY - INDICATES SET MONUMENT ALI. CAP LS# 37972 f 02 j EASEMENT MOCN[ ArN VIEW DRIVE , ) 0/ % YEUOW PLASTIC CAP BK. 2A PG. 245 RPC RED PLASTIC CAP ALC ALUMINUM CAP / 00 ~GA~E~~R~i~HO~DI~~~I~I~ REAMM~5LO~I COUNTY. COLORADO, FC / ~ SETBACK LS# 29030 25.0 / to.oÂ· / 1 i KNOW ALL MEN BY THESE PRESENTS THAT RFING THE OWNER, DESCRIED ON THIS PLAT AS LOT 4, BLOCK 1, WEST MEADOW SLBDIVEON â‚¬, SETBACK SETBACK - BK 185 PG. 211 \ OWNER HAS CAUSED THE PROPERTY TO BE LAID OUT. SURVEYED AND PLATTED AS SHOWN ON THJS 10.0 LOT LINE ADJUSâ„¢E18.5-AT. APRIL A.D 2014. 9(2CUTED THista DAY Of- CERTIFICATE OF DEDICATION A~E OWNERSHIP YPC ifi SETBACK LS# 29030 CURVE TABLE KNOW ALL MEN BY THESE PRESENTS â„¢AT 17, i~elâ€¢ P. Th.Â£,1,-1 BEING THE OWNER, ~ l * OWNER 0 MORTGAGEE OR UEN HOLDER OF CERTAIN REAL PROPERTY LOCATED IN PITKiN COUNTY, COLORADIJ \ / CURVE ~LENGTH RADIUS TANGENT CHORD CHERI BEARING| DELTA DESCRIBED ON THIS PLAT AS LOT 5. BLOCK 1. WEST MEADOW SUBIVION. i ~ @~ Cl ~ 95.50 310.00 48.13 95.12 NOGÂ·30 15'V | 17Â·39'03Â· NOTARy PU8Â£,CCER"ACATE ble ce 6,86 4.33 4.39 6.16 N49*10'23'W 90'49'06' OWNER HAS CAUSED THE PROPERTY TO BE LAID OUT, SURVEYED AND PLATTED AS SHOWNI ON THIS S 0 STATE OF COLORADO) LOT LINE ADJUSâ„¢ENT PLAT ~ i / LOT 5, BLK 1 ~ ~ 8 03 44.60 45.00 24.32 42,80 N 43Â·12'06Â·W 56'47'11' )SS COUNTY OF PITKIN ) EXECUTED THIS&9 DAY OF APKIL- A.D. 2014. f 44 / 4 15,029 SQ Fr i THE.FOR,*NAAÂ»r~*14;M *J:'fM*97?,#terta .is -1*t .* ADML_ 0. Â«51>J- RPC .0 4 LS#29030 4 9018 ~ egÂ· EN M TNESS MY HAND AND Q[FlmAL *AL JfÂ© $5348Â·01T i l MY COMMISSION EXPIRES=h_16*U[} / 2.64 +4*4~ JUSTYNA KWIATKOWSKAZACK NOTARY PUBLIC NOTARYPUBLICCERIFICATE STATE OF COLORADO NOTARY ID #20094019823 s STATE OF COLORADO) NtTARY PUBUC * C-Â·118- Expl- July 14*7 )SS COUNTY OF PITKIN ) ..0*" 5,?te 1, MICHAEL P. LAFFERTY, BEING A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO. DO CERTIFICATE OF DED~CA71ON A~ OWNERS- THE FOREGOING INSTRUMENT WAS ACKNOVAEQGED BEFORE ME THIS _~- DAY Btri - OF f. :A HEREBY CERTIFY THAT i HAVE PREPARED THiS LOT LINE ADJUSâ„¢ENT PLAT, THAT THE LOCATION OF 10.01 3 ,!t SEAL jil KNOW ALL MEN BY THESE PRESENTS THAT L: ,16* ~~)~ 416'4 AFING â„¢E OWNER, -~_~_ _______~ ~ ALL PARCEL BOUNDARIES ARE ACCURATELY AND CORRECTLY SHOWN HEREIN. THAT THE SAME ARE MORTGAGEE OR LIEN HOLDER OF CERTAIN REAL PROPERTY LOCATED lN PITKIN COUNTY, COLORADO. WIâ„¢ESS MY HAND AND OFFICIAL SEAL <1 BASED UPON FIELD SURVEYS AND CONFORM TO THOSE AS STAKED UPON THE GROUND. ERROR OF Bll~%2~2ii %% CLOSURE IS LESS THAN 1/15,000. DESCRIBED ON THIS PLAT AS LOT 4, BLOCK 1. WEST MEIDOW SUBDIVISION. MY CCMMISSION EXPIRES_~Â·1~~6.__, 'Il;:ii.41 8. A OWNER HAS CAUSED â„¢E PROPERTY TO BE LAID OUT, SURVEYED AND PLATTED AS SHOWN ON THIS Â£ 25.0 IN WITNESS THEREOF. I HAVE SET MAY HAND AND SEAL THG 11 DAY OF APRIL, 2014. LOT LINE ADJUSTMENT PLAT. -~""'"~'4 Â· ~ NOTARY PUILIC -60UTED TlyÂ»Zp_ DAY OF _~f~__ A.D. 2014. 4.Fir / 7' -2 1 ~80 2~1~ 'got J. 04 4-2.,- L.L BENJAMIN IEEE HARRIS BK 185 PG.211 Al#:TUX~*A SETBACK ~ RPC LS# 9018 0/ C h.17 i WY'COMMISSION EXPtRES 2~14,2016 RECEPTION#: 610586,05/28/2014 at ~ MICHAEL P. LAFFERTY PLS# 37972 1 EPS-7972 481 \ C_MpATGAGE HOLD'ER- -- ALC 10:15:21 AM, 1 0* 1. R $11.00 Janice K. NOTARY PUBLIC CERTIFICATE LS# 33645 /0 Vos Caudill Pitkin County, CO DATE 1 1*i 4-16-14 AN? \ â€¢ust.,0 ./ y 'll .-.Â· : LS# 2376 PLATBK 107 PG 24 STAT OF ~6') 3â‚¬5â‚¬'j COUNTY OF G~diÂ·+cls ''-2 OF ME,N . co,-UN, ny....0/8,2,47 LNRECTOR AF-?~VAL CITY ENGINEER~ REVIEW ACCEPTANCE FOR RECOaiNG THIS LOT LINE ADJUSTMENT PLAT OF LOTS 4 & 5. BLOCK 1 WEST MEADOWS SUBDIVISION HAS BEEN THE FOREGOING INSIRUMENT WAS ACKNOWLEDGED EFORE ME 141S 121 w _2121- OF REVIEWED AND APPROVED FOR COMPLIANCE W]TH THE APPLICABLE PROVISIONS OF THE CITY.4>., THIS PLAT WAS REVIEWEE @2 THE DEPICTION OF THE ENGINEERING DEPARâ„¢ENT SURVEY THS LOT UNE ADJUSTMENT PLAT HAS BEEN ACCEPTED FOR FIUNG IN THE OFFICE OF Rocky Mountain Surveying i- BY L.6.41Â¢44Â¢4Â»- OF ?144-f'llrb' &/-70,Â·1'Â·' L..1:2.1 *0,4 fr, ASPEN LAND UX,CODE BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS_'/LZ_ REQUIREMENTS THIS_21- DAY OF MA~ 2014, THE CLERK AND RECORDER OF THE COUNTY OF Pl TKIN, gl Of COLORADO. - DATE SURVEYED: 08/2013 DAY OF 2014. TO THE EXTENT THAT ANYTHING IN THIS PLAT IS INCONSISTENT -11.,Mtura PAGE .ZAL .5 RECE,nON NDâ€¢6ER -,Glast G 7 FILE NO: 13528 WITNESS MYHAND AND OFICI AL SEAL 6.% or amt<.,c. OR IN CONFLA WIT~ ANY CITY OF ASPEN DEPAR â„¢ENT ORDERS RELATING TO â„¢E BOUNDARY AT_110'CLOCK.A.M. IHIS .~L__DAY OF Nav IN PLAT 8001< 12* AT REVISED: WY COMMISSION EXPIRES-11 - 151+?' ADJUSâ„¢EN T OR ANY OTHER PROVINONS OF APPLiCABLE LAW, INCLUDiNG BUT NOT LiMITED TO Cllt ENGINEER F OTHER APELICABLE LAND USE REGULA noN S AND BUILDING CODES. SUCH OTHER DEVELOPMENT ORDERSÂ»Â¢ Â»PUGABLE *OS SHALL CONTROL. CLIENT: TALLMAN Ve,Gek -A J.<M Alim.lim#Mill AllÂ». (4Ak* CltRK & RECORDER U *44 - carbond,Il co 81623 NOTICEÂ· Accerd~ng tÂ© 01>rado / you must commeDcr ally kgal =n based phone .70Â·37.1919 loon ao> defec~ in Ihi. ;unÂ·cy wkthun Ihree years aACY you 5rlit di,covet su01 defAct fax @70Â·863-5873 . no eventln~y any Kbon based upen/ny defectlnth.mvey beconunencedn*). Ne*Y PUBLIC COMMIJNITY DEVELOPMENT DIRECTOR ./@lopr.... 1~0 =0 yeaM from ~he ~ â€¢c of LV callfÂ£aellshe~.h=~ gz #' M.6/,91/ON I.Y. 00$ <,0097 A- T #5 REBAR MINOR PLAT AMENDMENT NO AP WEST MEADOWS SUBDIVISION LOT LINE ADJUSTMENT Ed, LOTS 4 & 5, BLOCK 1 20~~-E CITY OF ASPEN PITKIN COUNTY, COLORADO #5 REBAR NOCAP (367 1' = 20' 3-Â®b HATCHING DENOTES LOT 4, BLK 1 AREA OF EQUAL Â· R EXCHANGE * LS# 2376 aTY OF ASPEN 17,345 SQ FT I (record) .4 MONUMENT 238 SQFT.(c,]O / S-159 Z 0 L: o -' NOTES N. e. 8 . 44 1) LEGAL DESCRIPnON. 1 Â£ LOT 4, BLOCK 1, WEST MEADOW SUBDIVISION AND LOT 5, BLOCK 1, W'EST MEADOW SUBDIVISION, AS SET FORTH ON THE PLAT RECORDED JUNE 9, 1958 IN PLAT BOOK 2A , AT PAGE 245 AS RECEPTION NO. 106400 IN THE COUNTY OF PITKIN, STATE OF #5 REBAR RPC y LS# 16129 NO CAP COLORADO. 2) BASIS OF BEARING: 0 15 30 60 A BEARING OF S05'1800"W BETWEEN A FOUND REBAR AND YPC LS# 2376 AT THE N.E. PROPERTY CORNER OF LOT 5 AND A FOUND REBAR AND YPC LS# 2376 AT THE S.E. PROPERTY OF LOT 5. 1' = 30' 'PC 56730' LS# 2903 - 4\0 3) TITLE INFORM AnON FURNISHED BY LAND TITLE GUARANTEE COMPANY, ORDER NO. HATCHiNG DENOTES GAP #A LS#~~ 3 ' BETÂ¥Â£EN FOUND - PROPER. MONUM. IS 062005200-2, DATED 04/12/2013 FOR THE PREPARATION OF â„¢IS SURVEY. $2 TO GO TO LOT 5 YPC 1651'#' RPC (242.FT) 67 40 \- 4) RECORD SUBDIVISION PLAT LACKS SUFFICIEN T BEARINGS AND DISTANCES TO LS# 29030.23 50 9018 1 42.s/~2 ACCURATELY LOCATE SUBJECT LOTS AND THUS IS SUBJECT TO DIFFERENT LOT 5, BLK 1 ,~ ~ N 3 RPC r ITY OF ASPEN \ OTHERS ARE EITHER SCALED, CALCULATED, OR TAKEN FROM MONUMENTS FOUND IN THE 75 91 ' 0 INTERPRETATIONS, BEARINGS AND DISTANCES IN ( ) ARE FROM RECORD PLAT. ALL g % LS# 9018 (2 00 B.4155QFI â€¢frecord) MONUMENT Â· FIELD AND SHOWN ON THIS SURVEY 1 3 14.787%.FTâ€¢(cale) ~ NO. 11 \ /5 1 \ 5) POSTED ADDRESS IS 1330 AND 1340 MOUNTAIN VIEW DRIVE. i . 61 UNIT OF MEASUREMENT FOR THIS SURVEY IS THE U.S. SURVEY FOOT. \ 5641'h DRAINAGE/UTILITY RPC Â£ \ 12.0' LS# 9018 Q EASEMENT ALC) 6.0 \1.- ~ BK. 2A PG. 245 LS# 33645 Â¥PC DRAINAGE/l,n UTY Â·~~ LS# 2376 EASEMENT 1 PC BK. ZA PG. 245 / LS# 2376 LOT 4, BLK 1 MOUNTAINVif-V, DRIVE -723892FF */ LEGEND - iI 10.0 - SETBACK * - INDICATES FOUND MONUMENT AS DESCRIBED, -77 1 O - INDICATES SET MONUMENT ALU. CAP LS# 37972 DRAINAGE'UILITY EASEMENT RPC RED PLASTIC CAP BK. 2A PG. 245 CERTIACATE OF DEDICATION AND OWNERSHIP CERTIFICATE OF DECHCATION AND OWNERSHIP kC ALUMINUM CAP rpc YELLOW PLASTIC CAP KNOW ALL MEN BY THESE PRESENTS â„¢AT RFING THE KNOW ALL MEN BY THESE PRESENTS THAT BANG THE OWNER. MORTGAGEE OR LIEN HOLDER OF CERTAIN REAL PROPERTY LOCATED IN PiTKIN COUNTY, OWNER. MORTGAGEE OR LIEN HOLDER OF CERTAIN REAL PROPERTY LOCATED IN PITK1N COUNTY, COLORADO. DESCRIBED ON THIS PLAT AS LOT 4, BLOCK 1 WEST MEADOW SUBDIVISION. COLORADO, DESCRIE ON THIS PLAT AS LOT 5, BLOCK 1. WEST MEADOW SUBDIVISION. 4 10.0' YPC / SETBACK OWNER HAS CAUSED â„¢E PROPERTY TO BE LAID OUT. SURVEYED AND PLATTED AS SHOWN ON OWNER HAS CAUSED THE PROPERTY TO BE LAID OUT, SURVEYED AND PLATTED AS SHOWN ON LS# 29030 THIS LOT LINE ADJUSâ„¢ENT PLAT. THIS LOT UNE ADJUSâ„¢ENT PLAT 25.0' ~ 10.0' / L OT 5, BI K 1 O 81(.185 PG.211 SETBACK -h~.1 15029 SQFT * EXECUTED THIS___ DAY OF A D. 2014. EXECUTED THIS- DAY OF A.0. 2014. 10,0' OWNER , f f SETBACK j YPC LS# 2903 NOTARy PUSL. CER'F,CATE NOTARY PUBLIC CER'FlCATE * STATE OF COLORADO) STATE OF COLORADO) *5 M COUNTY OF PITKIN ) COUNTY OF Pill<IN ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS -- DAY _-- â„¢E FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS - DAY -- I ~~* / OF 2014 8Y OF OF 2014 BY OF Ype RPC MIESS MY HAND AND OFFICIAL SEAL WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIREF MY COMMISSION EXPIRES-- LS# 290 4 7 'Â» 1 / S53'48'On'E 3 / 2.64' NOTARY PUBUC NOTARY PUBLIC 4 / i / 10.0' I \ SETBACK Y. L- - - COMMUNITY DEVELOPMENT DIRECTOR IK.185 PG.211 w tA E---0 THIS LOT LINE ADJUSTMENT PLAT OF LOTS 4 & 5, BLOCK 1 WEST MEADOWS 25.0' SUBDIVISION HAS BEEN REVIEWED AND APPROVED FOR COMPLIANCE WITH SETBACK ~ SURVEyoWs CERTIACATE THE APPLICABLE PROVISIONS OF THE CITY OF ASPEN LAND USE CODE BY 8K.185 PG,211 THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS-- DAY RPC Â· MICHAEL P. LAFFERTY. BONG A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, OF , 2014. r LOCATION OF ALL PARCEL BOUNDARIES ARE ACCURATELY AND CORRECTLY SHOWN HEREON. DO HEREBY CERIFY THAT I HAVE PREPARED THIS LOT UNE ADJUSâ„¢ENT PLAT. THAT THE ALC THAT THE SAME ARE BASED UPON FIELD SURVEYS AND CONFORM TO THOSE AS STAKED UPON LS# 33645 THE GROUND. ERROR OF CLOSURE IS LESS THAN 1 /15.000 YPC LS# 2376 COMMUNITY DEVELOPMENT DIRECTOR IN WITNESS THEREOF, 1 HAVE SET WAY HAND AND SEAL â„¢IS - DAY OF 2014. VICINITY MAP (1"=4009 MICHAEL P. LAFFERTY PLS# 37972 DATE CITY ENGINEER'S REVIEW ACCEPTANCE FOR RECORDING Rocky Mountain Surveying THIS PLAT WAS REVIEWED FOR THE DEPICTION OF THE ENGINEERING DATE SURVEYED: 08/2013 THIS LOT LINE AD.USâ„¢ENT PLAT HAS BEEN ACCEPTED FOR FlUNG IN THE OFFICE OF â„¢E DEPARTMENT SURVEY REQUIREMENTS THIS DAY OF CLERK AND RECORDER OF â„¢E COUNTY OF PITKIN, STATE OF COLORADO, 11111 REVISED: 2013, AT___0'CLOCK,__M THIS ____DAY OF IN PLAT BOOK - AT FILE NO: 13528 PAGE_- AS RECEPTION NUMBER - CLIENT: TALLMAN CITY ENGINEER ca,bond- co 81623 M) I ICEÂ· According to Colorado kon must commence any legal *n based 4133 cry,taispfing; rd phon. 070/79-lili upon any defect in th. iurvey ~vithin three years aft. you first <15<Â·over such ddect CLERK & RECORDER fax 970a63/873 In n'i evcit ma> an> a. tion based up,in any de'ect 111 [h.' 91.'/ be ccwomer*=1 [r=: laff@-prt*.net than ten yean from thi datÂ¢ of the ./.fi.IHI'V herÂ¢on guu 3,99' (,009) sc,Â«~ 0. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 1230 Houninun V,21 b.r Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, A,V AR Scer-e-4,1 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: v* Publication of notice: By the publication in the legal notice section ofan official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. ..4Â«,7.eA, Sc-e,ve--~ Signature The foregoing "Affidavit of Notice" was acknowledged before me this / D day of A fA C , 2OOt* by ,Â·f-n.~ .sh, <Sts:Â£,--,Â·~~~ WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE My commission expires: 4\6119 Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to 84 U-- lk/9Â« the Land Use Code of the City of Aspen and Title Notary Public 24, Article 68, Colorado Revised Statutes, pertain- L ing to the following described property: Lot 5, Block KAREN REED PATTERSON 1 of the West Meadows Subdivision, commonly known as 1330 Mountain View Drive, City of As- NOTARY PUBLIC pen, CO. The Applicant intends on demolishing the existing home on the property and replacing it STATE OF COLORADO with a two-story single family home. The Applicant has received four variances from Residential De- ATTACHMENTS: NOTARY ID #19964002767 sign Standards related to building orientation, side-loaded garage doors, front door location, and My Commission Expires February 15,2016 windows spanning the 9'-12' zone, as issued by the Planning and Zoning Commission on April 1,2014 COPY OF THE PUBLICATION - via Resolution No. 4, Series 2014. For further in- formation contact Sara Nadolny, at the Aspen Community Development Dept., 130 S. Galena St, Aspen, Colorado (970) 429-2739. City of Aspen Published in The Aspen Times on April 10,2014. [10091608] r DEVELOPMENT ORDER of the 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. The Joseph P. Tallman Legacy Trust. 380 inca Pkwy, Boulder. CO 80303 Property Owner's Name, Mailing Address Lot 5, Block 1, West Meadows Subdivision, commonly known as 1330 Mountain View Drive, City of Aspen. Pitkin County, Colorado. Legal Description and Street Address of Subject Property The Applicant intends to demolish the existing one-story single-family residence at this site and replace it with a two-story single family residence, The proposed design includes variances from four Residential Design Standards. permitting the building to be oriented as it would be on a curvilinear rather than corner lot, garage doors that are not quite perpendicular to the street, an entry door that is set back approximately 30' from the building's front-most wall, and three street-facing windows on either side of the front door transom that span between the 9'-12' zone. Written Description of the Site Specific Plan and/or Attachment Describing Plan Four Residential Design Standard Variances were received. as detailed above, and outlined in attached Resolution No. 4, Series 2014. The Resolution was approved by the Planning & Zoning Commission during a duly noticed public hearing on April 1,2014. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) April 10,2014 Effective Date of Development Order (Same as date of publication of notice of approval.) April 11,2017 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued~01 7th day~jÂ¢ April, 2014, by the City of Aspen Community Development Director. Chris Bendon, Community Development Director RE--PT'-N#: 609436, 04/14/2014 at 09: 1 OF 3, .. .21.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION No. 4 (SERIES OF 2014) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN APPROVING FOUR RESIDENTIAL DESIGN STANDARD VARIANCES FOR THE PROPERTY LOCATED AT LOT 5, BLOCK 1 OF THE WEST MEADOW SUBDIVISION, COMMONLY KNOWN AS 1330 MOUNTAIN VIEW DRIVE, CITY OF ASPEN Parcel Identification Number: 2735-013-08-006 WHEREAS, The Joseph P. Tallman Legacy Trust, as owner of 1330 Mountain View Dr., submitted a request for four Residential Design Standard Variances for consideration by the Planning and Zoning Commission for a land use review from the following standards: â€¢ 26.410.040.A.1 - Building orientation; â€¢ 26.410.040.D.3.c - Side-loaded garage doors; â€¢ 26.040.410.D.1.a -Location of entry door; and â€¢ 26.040.410.D.3.a - Street-facing windows spanning 9'-12' zone. WHEREAS, the property is located in the R-15 Moderate-Density Residential zone district and is Lot 5 of the West Meadow Subdivision; and WHEREAS, the subdivision plat for the property was originally approved by the Pitkin County Planning and Zoning Commission in 1958 and is recorded in the records of the Clerk and Recorder for Pitkin County at Plat Book 2, Page 245, Reception No. 106400; and WHEREAS, the Community Development Director has reviewed the request and has submitted a recommendation of approval of one of the variance requests and denial of the remaining three variance requests to the Planning and Zoning Commission; and WHEREAS, during a duly noticed public hearing on April 1, 2014, upon review and consideration of the recommendation of the Community Development Department, presentation from the Applicant, and consideration of the proposal, the Planning and Zoning Commission approves the review as requested by the Applicant, finding that it meets the criteria as described in Subsection 26.410.020.D.2 of the Land Use Code; and WHEREAS, the Aspen Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: The following shall be permitted, as indicated in Exhibit A of this Resolution: 1 a. The building shall be oriented to as if the lot were a curvilinear street, parallel to the tangent of the midpoint of the arc of the street; b. The garage shall be permitted side-loaded at an angle not perpendicular to the street; c. The front door shall be set back further than 10' from the front-most wall of the building; and d. Windows on either side of the street-facing entryway door shall be permitted to span through the nine (9) foot to twelve (12) foot area, as measured from the finished first floor. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court ofcompetentjurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED RÂ¥-the Planning and Zoning Commission of the City of Aspen on this 1 st day of April, 2014.<~ 491 - Â¢~j,14spamer, Chairman APPROVED AS TO FORM: A 14 & 0 - IQbkie Quinn, Assistant City Attorney AT>LEST: jtinda Minning, Records Mana~er Exhibit A: Site Plan 2 r, Resolution Exhibit A Site Plan EFLINEAA 0 A ' C 11 0 6 1-i U @Al 41 4.> F 1 1, : 4 '' 5,1 1 f 'pi \ - . \ 3 1 \ 1 \ i 1 , 1 --i AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~ 33 D ~plcu_ncied,1 \/\ 2,613 ~DRAVE , Aspen, CO SCHEDULED PUBLIC HEARING DATE: f (124:14% tl M) p A I j 1 9+ ,20 14 O 1 STATE OF COLORADO ) ) SS. County of Pitkin ) I, 2 ha rn i ic/r f-1C1 A 4 1. /1 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of~ Aspen Land Use Code in the following manner: ~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached Â·hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prep aid U.S.-mail to all owners of property within three hundred (300) feet of the ~, 01(.)8.' I?J~~-l,~.,! #6pbrty- iubjdct to the development application. The nalnes and addresses of n property owners shall be those on the current tax records of Pitkin County as they '' - 1 . 1 - ~ ~'Â·~';:Â·'0~020Â·~~appeared no more than sixty (60) days prior to the date of the public hearing. A 4 ./.Â· 0., 4,3 .iâ€ž., 'p - copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A COpy Of the neighborhood outieach summary, including the niethod of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any ~ way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal desciption of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. r Signatde The foregoing "Affidavit of Notice" was acknowledged before me this 1~lay of Kafek , 20-14, by Z.kjaily\ PUBLIC NOTICE RE: 1330 MOUNTAIN VIEW DRIVE - RESIDENTIAL DESIGN STANDARD VARIANCE REQUESTS WITNESS MY HAND AND OFFICIAL SEAL NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 1 st, at a meeting to , begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, My commission expires: O.~l61Â£ f 130 S. Galena St. Aspen, to consider an applica- I tion submitted by The Joseph P. Tallman Legacy 1 Trust for the properly located 1330 Mountain View Dr., represented by Ali Gidfar of Studio 303, Inc. ; and Michelle Frankel of Choreotect Studio. The luu 6Â£&- 44rÂ£rf50-NiC I applicant is requesting variances related to Resi- dential Design Standards. Notary Public The property is legally described as Lot 5, Block 1, West Meadow Subdivision according to the Plat 1 1 L I thereof filed June 9, 1958, in Ditch Book 2A, Page I 245, City and Townsite of Aspen, Parcel 10# 1 KAREN REED PATTERSON ~ 273501308006. For further information, contact Sara Nadolny at the City of Aspen Community De- NOTARY PUBLIC velopment Department, 130 S. Galena St., Aspen, STATE OF COLORADO CO, (9 70) 429 2739, sara.nadolny@cityofaspen.com E[MENTS AS APPLICABLE: NOTARY ID #19964002767 s/LJ Erepamer My Commission Expires February 15, 2016 Aspen Planning and Zoning Commission 1 TIOÂ¥ r Publish in The Aspen Times Weekly on March 13, E POSTED NOTICE (SIGN) 0 2014.[10014182] â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 MEMORANDUM TO: City o f Aspen Planning and Zoning Commission FROM: Sara Nadolny, Planner Technician THRU: Chris Bendon, Community Development Director RE: 1330 Mountain View Dr. MEETING DATE: April 1,2014 APPLICANT/OWNERS: STAFF RECOMMENDATION: The Joseph P. Tallman Legacy Trust Staff recommends the Planning and Zoning Commission approve the variance request to REPRESENTATIVE: permit windows to span between the 9'-12' Ali Gidfar, Studio 303, Inc. zone, but deny the remaining requests related Michelle Frankel, Choreotect Studio to building orientation, garage doors, and front door location. LOCATION: 1330 Mountain View Drive The subject site is located in a neighborhood not typical o f the west end area. The proposed CURRENT ZONING & USE: design could be found to work with design of R-15 zone district, Residential use the surrounding lots. Staff encourages members of the Commission to visit the site PROPOSED LAND USE: prior to the hearing to perhaps gain some The property will continue to be used insight into the context, or to look at the residentially. property in Google Maps - Street View. SUMMARY: F.6.-1.2â€¢2~#p- -, The applicant requests the Planning and t:'2- ir.9,4-4 4&1 2Â¥ 0 0 4- Zoning Commission approve four variances Ni ;~.,4 . I V . from the Residential Design Standards, 1) to 2,~~4,/=11* 6~ permit street-facing windows that span ~ I / through the 9'-12' area of the proposed building; 2) to allow the front door to measure more than 10' back from the i building's front-most wall; 3) to allow the orientation of the building to conform to that of a curvilinear street rather than for a corner lot; and 4) to permit garage doors '-4.5~ TE ~ ~ -r forward of the front wall of the house to be Figure 1: Image of subject property. side-loaded, but not entirely perpendicular to the street. Page 1 of 5 LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval: â€¢ Variance from the Residential Design Standards -pursuant to Land Use Code Section 26.410.020.D.2. Planning and Zoning Commission is the final review board for this request. PROJECT LOCATION AND BACKGROUND: The subject property is located off of Cemetery Lane, outside of the designated >*:445* Aspen Infill Area, atthe corner of Mountain Ic#t~zer=,~â€¢~ ~9 *~~-V*i*~w '4~#2 View Drive and the North Street cul-de-sac. ~.0'p~~~ *1, 1. â€¢.PTGUeâ€¢2Da~ The parcel is Lot 5 of the West Meadows i. . ..1 1, I l" 4 *14 Subdivision, which was originally approved '42 t. t.- 11.4.- in 1958 via the subdivision plat (Reception ,* 4% Z No. 106400). The lot was improved in 1978 iÂ» - . . ',* Y. b ' 4'f133-0,M66,ntain View DrÂ·: m . - ogt 479< 1.- 45/1 ./ . P with a single family home, which still exists ~ 41944 -1- 1 11=-Melin,46Â·Viewd A 21' today. The parcel is located in the R-15 zone \ * ~ . '<~-4-6, Â·246, >,4 4.21 rf?- - district, and is 15,028 sq. ft. in size. -** f Â«*.ty- ,- 7 mil" U ..4,4 In March, 2014 the Applicant received -:Fly.4.7,7/ .4*NO:.4+444il r-> ,rE, 74-.1 administrative approval for a boundary 4 4â€¢ * 4,Â¥ li~' fi 7 01- t. - I , 4.4444 /00.98 :iki adjustment between the subject parcel (Lot 5)) 9~ , 'Tr , -1 , j ynny.*tyÂ· 48*9 and adjacent parcel Lot 4. This boundary , / 1Â·* 1& IL: :IN -,-~ 146* I adjustment involved a 742 sq. ft. land 2 -* exchange along the property line between the P r,veÂ· \ parcels, which resulted in a minor change in ) i 1 Ae 1%, 4 0.4 1- I , shape to the lots. The approval also 9 a *..0 0, '14'%* Av.*r,- documented prior survey errors including - 4 correcting the size of each lot, and locating a Figure 2: Location of subject property. prior survey error of 242 sq. ft. of land belonging to Lot 5. PROJECT SUMMARY: The Applicant is proposing to demolish the 1,838 sq. ft. single family residence currently on the site and replace it with a new 4,849 sq. ft. single family residence. To permit the proposed design the Applicant is requesting four variances from the following Residential Design Standards: 1) building orientation; 2) garage doors to be perpendicular to the street; 3) front door to be located no more than 10' front the front-most wall of the building; and 4) windows are not to span into the 9'-12' zone, as measured from finished first floor. STAFF COMMENTS: The Residential Design Standards were created with the intent of preserving the established neighborhood scale and character, to promote the pedestrian experience, and to contribute to the streetscape in the neighborhoods throughout the City. Staff has examined each variance request in terms of the criteria for Variances from Residential Design Standards (Exhibit D). Page 2 of 5 There are two criteria to base a residential design standard variance request on - 1) Does the request provide an appropriate pattern of design based on the context of the surrounding neighborhood and the purpose of the particular standard, or 2) Is the request clearly necessary for reasons of fairness due to unusual site-specific constraints. Only one of the two criteria must be met in order for a variance to be granted. Exhibit B provides visual information regarding these variance requests. It is generally Staffs opinion that all new development will conform to the Residential Design Standards when such standards are able to be achieved. With that in mind, it is important to note that the proposed design was created based on early guidance from . ..1#0â‚¬ Staff, when it was felt that the lot was ~ 1 3&â€¢ curvilinear rather than a corner lot. If 24 , â€¢'4 - V .- .... - *"il-. * li this were a curvilinear lot the fA: -.Â» Er t-; F ./ 'S968 A, Applicant would not need to request .+ variances related to building * . . I orientation or garage doors. However, Staff has ultimately determined the 094, . , property to be a corner lot, which causes this design to be non-compliant i and requiring a variance. t 1 6 1.4. 9~ Figure 3: Property as a corner lot A. Building Orientation. Section 26.410.040.A.1 of the Code, states "The front facades of all principal structures shall be parallel to the street. On corner lots, both street-facing facades must be parallel to the intersection streets. On curvilinear streets, the front fagade of all structures shall be parallel to the tangent o f the midpoint of the arc of the street." The front fagde of homes in this neighborhood are oriented in the direction of the access point to each lot, even those on the North St. cul-de-sac. Each appear aligned to street in the manner described by the current Code. The Applicant has been granted access to the subject property on Mountain View Drive. This is a corner lot that does have some relationship to both streets. However, in finding this to be a corner lot, and keeping with the neighborhood context, the expectation is for this structure to be oriented toward Mountain View Dr. Furthermore, Staff does not find any unusual site-specific constraints that would warrant this variance. Staff recommends denial of this variance request. B. Garage Doors. Section 26.410.040.D.3.c states "On lots at least fifteen thousand (15,000) square feet in size, the garage or carport may be forward of the front faga(le of Page 3 of 5 the house only if the garage doors or carport entry are perpendicular to the street (side- loaded)." This is a 15,028 sq. ft. lot, permitting the garage to be in front of the house. As proposed, the garage doors would clearly meet the standard were the site eurvilinear rather than a corner lot. Since the lot has been determined by Staff to be a corner lot, the garage doors fail to be perpendicular to the street. Street-facing garage doors are found commonly throughout this neighborhood. However, Staff calls attention to the second part of the variance criteria, the intent of the standard, which is to minimize the presence o f garages as "a lifeless part o f the streetscape." Staff does not believe that the urban fabric that pre-dates the existence of this standard should set the precedent to continue once a building is demolished. Furthermore, Staff does not find any unusual site-specific constraints that would warrant this variance. Staff recommends denial of this variance request. C. Entry Door Location. Section 26.040.410.D.1.a states "The entry door shall face the street and be no more than ten (10) feet back from the front-most wall of the building." The Applicant has proposed a design where the entry door is located approximately 30' from the front-most wall of the building. Due to proposed design of the residence with the spread "arms" of the living space and the entry at the midpoint, the front door is highly visible and easy to find. However, this does not appear to be a feature typical to other homes in the neighborhood, and furthermore may not be a deviation Staff wishes to promote. The location of the door is also a function of the proposed design, and not a result of a hardship due to site-specific constraints. Staff recommends denial of this variance request. D. Windows. Section 26.040.410.D.3.a states "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." The Applicant has proposed four street-facing windows that span the 9'-12' zone. One of these windows is a transom above the front door, and is exempt from this standard. The remaining three windows are in line with the transom, with one to the left and two to the right of the transom. These windows measure approximately l' in height and begin at 9' on the building as measured from the finished first floor. The purpose of this particular standard is to clearly delineate first and second stories of a building. The separation provides relief between stories and reduces the appearance of the building's massing. The windows are located on either side of the transom above the front door (a permitted feature). Furthermore these windows are located on a one-story feature of the proposed residence, so they clearly are not intended to appear as one large massing, as would be the case if there was a second story level at this location. Staff recommends approval of this variance request. Page 4 of 5 While the requested variances lend to an interesting and creative design for the proposed residence, it is Staff' s duty to interpret and enforce the Code as written. Staff acknowledges that this property shares a relationship with both Mountain View Drive and North Street, and this is not a typical neighborhood within the City that follows a more linear design pattern such as seen around most o f the west end. Staff anticipates a discussion regarding the practical application of the Code as related to the proposed building's orientation. RECOMMENDATION: Staff finds one o f the variance requests to meet the first review criteria associated with Variances from the Residential Design Standards, but fails to find a strong connection between the criteria and the remaining three variance requests. Therefore Staff recommends approval of the request to permit windows to span between the 9'-12' zone, and recommends denial of the variance requests related to building orientation, garage door orientation, and front door location. The following Motion and attached Resolution are written in the affirmative, approving the request. The Planning and Zoning Commission must find the application to meet at least one of the necessary criteria associated with a Residential Design Standard variance request and therefore approve this application, approve the application with conditions, or find that the application does not meet the criteria, and deny the application. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): "I move to approve the request for a variance from the Residential Design Standard as noted in Resolution , Series of2014." ATTACHMENTS: â€¢ EXHIBIT A - Site Plan â€¢ EXHIBIT B - Building Features related to Variance Requests â€¢ EXHIBIT C - Neighborhood Images â€¢ EXHIBIT D - Review Criteria â€¢ EXHIBIT E - Application Page 5 of 5 Exhibit B-1 Building Features Related to Variance Requests fEJT LINE AA CUT LItâ‚¬ 88 -0 ! 0 c , n Â® R , 9 3: U. ~ t . el- , * : k 444 -\ j 0 / - *41 4 \ / 4 I. 2\ '.i -3 1 1 /111 & , - . \ -1 Variance Request #2 - j~ Garage is not i perpendicular to street 1 Variance Request #1 - ....%.......+Nd ~ Variance Request #3 - Front fagade of building Front door is set back is not parallel to street _.3 more than 10' from front- most wall of building , A t. Exhibit B-2 Building Features Related to Variance Requests 9 32 7- 010 WI 7-7 0 . -A- " w I # 11 # 1 0, f~ 1.4 ...t. e 1 1 1 10 k 10 11 0 111 11 1 9 0 1 2: 4 F *i- lit m A 9 1 /*1 Vy<Ze i I. 9 . E 1 ... 21 P : 4t 4 ..1 , -1%---% 1 --I-- - i # Variance Request #4: Street-facing windows that span the 9'-12' zone f Â§>*,tu=e=-06>410*$=Â»UÂ«*27Â«#1 Exhibit D Review Criteria 26.410.020.D Variances Variances from the Residential Design Standards, Section 26.410.040, which do not meet this Section may be granted by the Planning and Zoning Commission, the Board of Adjustment or the Historic Preservation Commission, if the project is subject to the requirements of Chapter 26.415. An Applicant who desires to consolidate other requisite land use review by the Historic Preservation Commission, the Board of Adjustment or the Planning and Zoning Commission may elect to have the variance application decided by the board or commission reviewing the other land use application. An Applicant who desires a variance from the Residential Design Standards shall demonstrate and the deciding board shall find that the variance, if granted would: a) Provide an appropriate design or pattern of development 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 Staff Response: The Applicant is requesting variances from four separate Residential Design Standards of the Code. This criterion is applied to each standard below. 1. The first variance request is from the standard on building orientation, found in Section 26.410.040.A.1 of the Code, which states "The front Jacades of all principal structures shall be parallel to the street. On corner lots, both street-facing facades must be parallel to the intersection streets. On curvilinear streets, the front fafade Â°f all structures shall be parallel to the tangent of the midpoint of the arc of the street." The Applicant has oriented the building as if this were a lot on a curvilinear street instead of a corner lot. Thefront ftgade of homes in this neighborhood tend to be oriented in the direction of the access point to each lot. Access to this property has been located on Mountain View Drive. This is a corner lot that dos have some relationship to both streets. However, in keeping with the neighborhood context, Staff finds this criterion to not be met. 2. Section 26.410.040.D.3.c states "On lots at least fifteen thousand (15,000) square feet in size, the garage or carport may be forward of the front faqade of the house only if the garage doors or carport entry are perpendicular to the street (si(le- loaded)." The subject lot is greater than 15,000 sq. ft., permitting the garage to be in front of the house, as proposed. The garage doors would clearly meet the Code were the site curvilinear rather than a corner lot. However, since the lot has been determined by Staff to be a corner lot, the expectation is that the garage doors will be perpendicular to Mountain View Drive. This is a condition related to building 1 orientation, above, but not found in any other area of the neighborhood. Staff finds this criterion to not be met. 3. Section 26.040.410.Dia states "The entry door shall face the street and be no more than ten (10) feet back from the front-most wall of the building." The Applicant has proposed a design where the entry door is located approximately 30' from the front-most wall of the building. Although the door is set back approximately 30' on the proposed residence the design is such that the front door is highly visible and easy to Jind. However, this is an unusual design for the neighborhood and does not quite meet the guidelines for following neighborhood context. Stafffinds this criterion to not be met. 4. Section 26.040.410.D.3.a states "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." The Applicant has proposed four street-facing windows that span the 9'-12' zone. One of these windows is a transom above the front door, and is exempt from this standard. The remaining three windows are in line with the transom, with one to the left and two to the right Of the transom. These windows measure approximately l' in height and begin at 9' on the building as measured from the jinishedfirstfloor. The purpose of this particular standard is to clearly delineate first and second stories of a building. The separation provides relief between stories and reduces the appearance of the building's massing. The windows are located on either side of the transom above the front door (a permitted feature). Furthermore these windows are located on a one-story feature of the proposed residence. Staff finds this criterion to be met. b) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Staff Response: The subject parcel is a 15,028 sq. ft. lot, with a wider front yard and a narrower rear yard. Staff does acknowledge the slimming of the property as it is traveled from the front to the rear. However, the site is larger than the typical west end lot, without significant grade changes across the parcel that would require the reduction of jloor area. Staff does not believe the shape of the lot to be a significant detriment to the development, requiring variances from any of the four standards in order to achieve development, particularly since the existing residence will be fully demolished. Staff finds this criterion to not be met. (Ord. No. 52-2003, Â§ 5; Ord. No. 20-2005, Â§ 1) 2 26.410.040. Residential design standards. A. Site design. The intent of these design standards is to encourage residential buildings that address the street in a manner which creates a consistent "fagade line" and defines the public and semi-public realms. In addition, where fences or dense landscaping exist or are proposed, it is intended that they be used to define the boundaries of private property without eliminating the visibility of the house and front yard from the street. 1. Building orientation. The front facades of all principal structures shall be parallel to the street. On corner lots, both street-facing facades must be parallel to the intersecting streets. On curvilinear streets, the front facade of all structures shall be parallel to the tangent of the midpoint of the arc of the street. Parcels as outlined in Subsection 26.410.010.B.4 shall be exempt from this requirement. One (1) element, such as a bay window or dormer, placed at a front corner of the building may be on a diagonal from the street if desired. Staff Response: This lot is situated on two streets - Mountain View Dr. and North Rd. The Applicant has oriented the proposed home design to the tangent of the midpoint of the arc of the street, which would be the correct way to orient a building on a curvilinear street. However, Staff has determined these streets form a corner, requiring the street- facing facades of the structures to be parallel to the intersecting streets. The Applicant is requesting a variance from this standard. Staffjinds this criterion to not be met. 2. Build-to lines. On parcels or lots of less than fifteen thousand (15,000) square feet, at least sixty percent (60%) of the front faQade shall be within five (5) feet of the minimum front yard setback line. On corner sites, this standard shall be met on the frontage with the longest block length. Porches may be used to meet the sixty percent (60%) standard. Staff Response: The subject parcel is larger than 15,000 sq. ft. Staff finds this criterion to be not applicable. 3. Fences. Fences, hedgerows and planter boxes shall not be more than forty-two (42) inches high, measured from natural grade, in all areas forward of the front facade of the house. Man-made berms are prohibited in the front yard setback. Staff Response: The Applicant is not proposing any fences, hedgerows or planters at this time. Stafffinds this criterion to be not applicable. B. Building form. The intent of the following building form standards is to respect the scale of Aspen's historical homes by creating new homes which are more similar in their massing, by promoting the development of accessory units off of the City alleys and by preserving solar access. 1. Secondary mass. All new single-family and duplex structures shall locate at least ten percent (10%) of their total square footage above grade in a mass which is completely detached from the principal building or linked to it by a subordinate linking element. This standard shall only apply to parcels within the Aspen infill area pursuant to Subsection 26.410.010.B.2. Accessory buildings such as garages, sheds and accessory dwelling units are examples of appropriate uses for the secondary mass. 3 A subordinate linking element for the purposes of linking a primary and secondary mass shall be at least ten (10) feet in length, not more than ten (10) feet in width, and with a plate height of not more than nine (9) feet. Accessible outdoor space over the linking element (e.g. a deck) is permitted but may not be covered or enclosed. Any railing for an accessible outdoor space over a linking element must be the minimum reasonably necessary to provide adequate safety and building code compliance and the railing must be 50% or more transparent. Stajf Response: The subject property is outside of the Aspen Infill area, and therefore not subject to this standard as per 26.410.010.B.3 of the Land Use Code. Staff finds this criterion to be not applicable. C. Parking, garages and carports. The intent of the following parking, garages and carport standards is to minimize the potential for conflicts between pedestrian and automobile traffic by placing parking, garages and carports on alleys or to minimize the presence of garages and carports as a li feless part o f the streetscape where alleys do not exist. 1. For all residential uses that have access from an alley or private road, the following standards shall apply: a) Parking, garages and carports shall be accessed from an alley or private road. b) If the garage doors are visible from a street or alley, then they shall be single-stall doors or double-stall doors designed to appear like single-stall doors. c) If the garage doors are not visible from a street or alley, the garage doors may be either single-stall or normal double-stall garage doors. Staff Response: This property is accessed from Mountain View Drive, which is a public street. Staffjinds this criterion to be not applicable. 2. For all residential uses that have access only from a public street, the following standards shall be apply: a) On the street facing facade(s),the width of the living area on the first floor shall be at least five (5) feet greater than the width of the garage or carport. Staff Response: On the faÂ¢ade facing Mountain View Drive, the width of the first floor living area measures 56% while the garage measures 34'. Staff finds this criterion to be met. b) The front facade of the garage or the front-most supporting column of a carport shall be set back at least ten (10) feet further from the street than the front-most wall of the house. Staff Response: The subject lot is greater than 15,000 sq. ft. and so the Applicant has chosen to respond to criterion c, following. Staff finds this criterion to be not applicable. c) On lots of at least fifteen thousand (15,000) square feet in size, the garage or carport may be forward of the front facade of the house only if the garage doors or carport entry are perpendicular to the street (side-loaded). 4 Staff Response: The subject parcel measures 1 5,029 sq. ft. in size, therefore the garage is permitted to be forward of the building'sfront faqude, as represented. However, due to the previously discussed orientation issue, the garage doors are side-loaded from the perspective of the house, but are not perpendicular to the street. The Applicant is seeking a variance from this standard. Stafffinds this criterion to not be met. d) When the floor of a garage or carport is above or below the street level, the driveway cut within the front yard setback shall not exceed two (2) feet in depth, measured from natural grade. Staff Response: The floor of the proposed garage is not below the street level. Staff finds this criterion to be not applicable. e) The vehicular entrance width of a garage or carport shall not be greater than twenty- four (24) feet. Staff Response: The vehicular entrance of the proposed garage measures 18' in width. Stafffinds this criterion to be met. f) If the garage doors are visible from a public street or alley, then they shall be single- stall doors or double-stall doors designed to appear like single-stall doors. Sta# Response: The garage doors are not entirely perpendicular to Mountain View Drive, and are therefore visible from this public street. The doors have been designed to appear as single-stall doors. Staff jinds this criterion to be met. D. Building elements. The intent of the following building element standards is to ensure that each residential building has street-facing architectural details and elements, which provide human scale to the facade, enhance the walking experience and reinforce local building traditions. 1. Street oriented entrance and principal window. All single-family homes and duplexes, except as outlined in Subsection 26.410.010.B.4 shall have a street-oriented entrance and a street facing principal window. Multi-family units shall have at least one (1) street- oriented entrance for every four (4) units and front units must have a street facing a principal window. Staff Response: The proposed design includes a street-oriented entrance and multiple street facing principal windows. Stafffinds this criterion to be met. On corner lots, entries and principal windows should face whichever street has a greater block length. This standard shall be satisfied if all ofthe following conditions are met: a) The entry door shall face the street and be no more than ten (10) feet back from the front-most wall of the building. Entry doors shall not be taller than eight (8) feet. Staff Response: The entry door faces Mountain View Drive, and measures eight feet in height. However, the door is set back approximately 31' from the front-most wall of the building. The Applicant is requesting a variance from this standard. Staff finds this criterion to not be met. 5 b) A covered entry porch of fifty (50) or more square feet, with a minimum depth of six (6') feet, shall be part of the front facade. Entry porches and canopies shall not be more than one (1) story in height. Stajf Response: The design has been proposed with a covered entry porch measuring 104 sq. ft., a depth of 6', and is part of the front faqade. The entry porch is no more than one story in height. Stafffinds this request to be met. c) A street-facing principal window requires that a significant window or group of windows face street. Stajf Response: The home has been designed with a significant window to the right of the front door. There are many other street-facing windows on the proposed building's front fa,ade. Sta#Jinds this criterion to be met. 2. First story element. All residential buildings shall have a first story street-facing element the width of which comprises at least twenty percent (20%) of the building's overall width and the depth of which is at least six (6) feet from the wall the first story element is projecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first story element may be a porch or living space. Accessible space (whether it is a deck, porch or enclosed area) shall not be allowed over the first story element; however, accessible space over the remaining first story elements on the front faQade shall not be precluded. Staff Response: The first story element in the proposed design is the easternmost structure of the building. This part of the residence is one story of living space, does not exceed 10' as measured to the plate height, and has no accessible space over it. The depth of this feature measures approximately 21% is street-facing, and exceeds 20% of the building's overall width. Stafffinds this criterion to be met. 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. Staff Response: The Applicant has proposed four street-facing windows that span the 9'- 12' zone. One Of these windows is a transom above the front door, and is exempt from this standard. The remaining three windows are in line with the transom, with one to the left and two to the right of the transom. These windows measure approximately 1' in height and begin at a height of 9'. The Applicant is requesting a variance from this standard to permit these windows to remain in this area. Staff finds this criterion to not be met. b) No more than one (1) nonorthogonal window shall be allowed on each facade of the building. A single nonorthogonal window in a gable end may be divided with 6 mullions and still be considered one (1) nonorthogonal window. The requirement shall only apply to Subsection 26.410.010.B.2. Staff Response: The subject property is outside of the Aspen Infill area, and therefore not subject to this standard as per 26.410.010.8.3 of the Land Use Code. Staff finds this criterion to be not applicable. 4. Lightwells. All areaways, lightwells and/or stairwells on the street-facing facade(s) of a building shall be entirely recessed behind the front-most wall of the building. Staff Response: All proposed lightwells are entirely recessed behind the front-most wall of the building. No areaways or stairwells have been proposed with this application. Staff Jinds this criterion to be met. E. Context. The intent of the following standards is to reinforce the unique character of Aspen and the region by drawing upon Aspen's vernacular architecture and neighborhood characteristics in designing new structures. 1. Materials. The following standards must be met: a) The quality of the exterior materials and details and their application shall be consistent on all sides of the building. Staff Response: The materials proposed for this residence are wood and stone. They appear appropriate to meet this condition, and are used consistently on all sides of the building. Stafffinds this criterion to be met. b) Materials shall be used in ways that are true to their characteristics. For instance stucco, which is a light or nonbearing material, shall not be used below a heavy material, such as stone. Staff Response: The Applicant has not proposed any materials that will be used in ways that are untrue to their characteristics. Stajffinds this criterion to be met. c) Highly reflective surfaces shall not be used as exterior materials. Staff Response: No highly rejlective exterior materials are proposed with this application. Stafffinds this criterion to be met. 2. Inflection. The following standard must be met for parcels which are six thousand (6,000) square feet or over and as outlined in Subsection 26.410.010.B.2: a) If a one-story building exists directly adjacent to the subject site, then the new construction must step down to one-story in height along their common lot line. If there are one-story buildings on both sides of the subject site, the Applicant may choose the side toward which to inflect. Staff Response: The subject property is outside of the Aspen Infill area, and therefore not subject to this standard as per 26.410.010.8.3 of the Land Use Code. Staff finds this criterion to be not applicable. (Ord. No. 52-2003, Â§Â§6-8; Ord. No. 20-2005, Â§1; Ord. No. 27-2010, Â§3) 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 1330 Mountain View Drive, Aspen, CO SCHEDULED PUBLIC HEARING DATE: April 1, 2014 STATE OF COLORADO ) ) SS. County of Pitkin ) L ALI 03 LOG>Â£Â¥F~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. _1_ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the i day of Al' e--t(- , 20 14;- to and including the date and time of the public hearing. A photograph Of the posted notice (sign) is attached hereto. __X_ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) d~ys prior to the public hearing on such amendments. 1/ Signature j The foregoing "Affidavit of Notice" was acknowledged before me this 3 i day of ''Na/( r L ,20/4,by A L 1 6 1 0 C.Aft 1 1 WITNESS MY HAND AND OFFICIAL SEAL Andrea Guderian Notary Public My commission expires: 7-29-/9 State of Colorado Notary ID 20134046840 8,/IA.1 11-cl ?f oi (~lit My Commission Expires July 29, 2017 Notary Public ATTACHMENTS AS APPLICABLE: ~ COPY OF THE PUBLICATION , PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL o APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 BASS RAIFIEL I REV TRUST 50% 1362 SNOWBUNNY LANE LLC AMORY DAVID S BASS MICHELE N REV TRUST 50% PO BOX 345 1370 MOUNTAIN VIEW DR 1345 MOUNTAIN VIEW DR ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611-1029 BD DEVELOPMENT LLC BRITVEN CAROLYN & THOMAS CARISCH GEORGE L REV TRUST 50% 210 AABC #MM 11711 COUNTRY WY 681 E LAKE ST #262 ASPEN, CO 81611 HOUSTON, TX 77024 WAYZATA, MN 55391 CASE JULIE KENNER FP&P LLC FREY JOHN L 1265 MOUNTAIN VIEW DR 3510 DUMBARTON 1295 RED BUTTE DR ASPEN, CO 81611 HOUSTON, TX 77025 ASPEN, CO 81611 GAMSON MICHAEL GAMSON MICHAEL JOHNSON MATTHEW & KAREN 1325 SAGE CT 8723 CRESCENT GATE 5736 EL CAMPO ASPEN, CO 81611 HOUSTON, TX 77024 FORT WORTH, TX 76107 JOSEPH MARK C & AGNETE KENNER JULIE GRANTOR TRUST LICHTENWALTER DAYLENE G TRST 50% 1300 MOUNTAIN VIEW DR PO BOX 4203 1265 RED BUTTE DR ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611-1083 LIEB NOAH B LITTLE LEAF LLC LIZOTTE JEFFREY W & DIANNE 1270 MOUNTAIN VIEW DR 604 W MAIN ST 1345 SAGE CT ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 MAPLE MICHAEL C & JULIE MASTER KATHRYN I MCCARTHY MARGARET 1250 MTN VIEW DR 1270 MOUNTAIN VIEW DR 1370 MOUNTAIN VIEW DR ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 MELVILLE FAMILY TRUST MELVILLE GRAIG W & TERESA M LEE MOUNTAIN CHALET ENTERPRISES INC 1290 SNOWBUNNY LN 1286 SNOWBUNNY LN 333 E DURANT AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 PENINSULA LLC NEILEY MARIANNE REESE JOHN W C/O STEVENS BRIAN M PO BOX 3106 1340 SNOWBUNNY LN 700 W FRANCIS ST ASPEN, CO 816123106 ASPEN, CO 81611 ASPEN, CO 81611 ROMERO DWAYNE & MARGARET T SEGROP LTD SEID MEL 1340 MOUNTAIN VIEW DR 411 SWEET BAY AVE 1104 DALE AVE ASPEN,CO 81611 PLANTATION, FL 33324 ASPEN, CO 81611 SEYBOLD FAMILY LIVING TRUST SPALDING MICHAEL L & SUSAN W SWARTZ ROBIN F 03/30/2005 1360 SNOWBUNNY LN 14740 MULHOLLAND DR 1285 MOUNTAIN VIEW DR ASPEN, CO 81611 LOS ANGELES, CA 90077 ASPEN, CO 816111027 TIERNEY MICHAEL P & CATHY C TRIPPLEHORN FAMILY PTNSHP LTD ZIMET MILLARD & SUSAN 1245 MOUNTAIN VIEW DR PO BOX 470608 1315 MTN VIEW DR ASPEN, CO 81611 FORT WORTH, TX 76147 ASPEN, CO 81611 PUBLIC NOTICE RE: 1330 MOUNTAIN VIEW DRIVE - RESIDENTIAL DESIGN STANDARD VARIANCE REQUESTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 1 st, at a meeting to begin at 4:30 pm before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Joseph Tallman of Tile Joseph P. Tallman Legacy Trust for the property located 1330 Mountain View Dr., represented by Ali Gidfar of Studio 303, Inc. and Michelle Frankel of Choreotect Studio. The applicant is requesting variances related to Residential Design Standards. The property is legally described as Lot 5, Block 1, West Meadow Subdivision according to the Plat thereof filed June 9,1958, in Ditch Book 2A, Page 245, City and Townsite of Aspen, Parcel ID# 273501308006. For further information, contact Sara Nadolny at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2739, sara.nadolny@cityofaspen.com s/U Erspamer Aspen Planning and Zoning Commission Published in the Aspen Times on April 13th, 2014 City of Aspen Account 4,0/0 ~ ~IBLIC.NOTICE Date: 1 2.* j_ 9 .2011__ Time: 4 30 pm - Place: City Hall, 130 S Gatena St SiÂ·.ter Cities Room *%9 Purpose: ~ Joseph P Tallman Legacy Tmst. 380 inca rkwy Boulder CO 80303 as ovdner of this property, ts proposing ~ to redevelop the existing home on ~ this site The applicant wm appear ~ before the Planning & Zoning ~ Commission on the date/time above ~ L and USf. reviews wdl incluoe Res,dent,al Design Standard vanances studio 303, Inc 4383 Apple Ct Bouldef. Colorado 80301 ------- USA 1 CUT LINE AA /, N OUTLINEAA tel 303 669 3370 1 -/- s,wÂ·..stud!0303.us dil intent 0/4. Finate,1/11/e~ng AN c ontwrttof & docum,nterpress 1h - - <iD,Isheliemainthe respanND,Iltyofthecontractoror //cator. All,deas designs. ' - airingements and plans m/cited or IKA I 'by Uiese ~awings are the 11 0\1 propeny of the Owner amd wire cleated /1 uie in colinaction w,tb the spic!,id project. 111 n ' professional registrations i- - 126050 1 Colorado ./. C 3 40, rl hy Teyas 21995 Al G]d~ar Arthile/ LIcaniâ€¢ nunibBf' 7 0 3 : -- n 41- 0 N-Meyko 00.. - - - - ~21!NE M 11-9 I 1 U seal & signature 1 240 4 li OUTLINE AA // CONSTRUCTION 1 \ , 4%4 I ,<i 909. 4 4% / e' ft> i L// ~ /'Fh Site Plan -North consunant naive and address 419/ Scale: 1/8.= 1,-0,4 Fence </= 72"tail -Â·-1 ... / 4/1 11 00 L ---- 4 / 0 ! 4/ Jr ' XÂ«41 f// & 9 LI' :3\9 1 11 , /7 L 1 -r- 1 4 f 1/4 7 2. original issue dates Fence 4- 72"tall -- n. 0 Schernatic Design /0 23 December, 2013 42 tx / 1, --1 1 - ~ r--- Fence </= 72" tall 0 /./ 14 -~ 29-3 7 4 ~~~ revisions 2%04 - \ /307Â« 11 k. 39 V - 694 - - ~ project 1 C Private Residence i 1330 Mountain View Dr, i Aspen, CO f drawing title Site 1 Plan drawing scale 1/8'=1-0 drawing numbei ~ ~ Sc~e 1/a' = 1'-0 Al.0 1 i ~ , studio 303, Inc f ....lillil .' i Boulder Colorado 80301 : USA 1 tel 303 669 3370 f ' u ~ www.studi0303.us --------- Ail co~..t: oftt~5 tioci,n}eil q% 1 .1 , d,zign in/nt orily. Final mgmerring , and fabrication &}iall,/main the respens,bAty oflhecont~ctorur fabficatof.*]cleas designs : /:rangen,entiandE~r~lir:/cal.dur pre.Ent,9,4 bv r[Aes. driw,Â¢19& mre tte proper' ofthe U.ner and Â·..iere ce.ats,1 Ibr ust in co, 1.ction wrth the 1 4,017,1 prwelit , l pufeesional registrations . /kiful Arthlte~ct Lic~In n-.. Cololatio 203126 Texas 21925 1 WCARB 126050 NaÂ¥4~x:,0 Des091 .. j r. 1 f k i seal & suntwe i 1 r ' 1 '1 i ae i digs) / 1 Coj f .. \ : X44 1 ec), / - 1\/ & f 1 0 1 / UP I ~7~19)11" /Â»Cf ff---7 j consultant name and address \ / i 1 i 1 1 . hi \ \ / i 1 Schematic Design 23 December, 2013 / :--k f 1 1 /1,1 N j \ -- --\ -1- rTzn* I 11 /9 41 - f 1 revisions 1 1 1 RÂ·. - 1 41% f 1 - \ \ 0 1 - i - 1 1 \ / / -77 2 1 Storw@E DroleGI 4' 0 1330 Mountain View Dr, F 'ZJ Prjvate Residence i Aspen, CO i / drawing title Basement Plan drawing scale 1/41'= 1,-0 --- ' drawing number ~ /'Th Basement Plan N \4ly Scale: 1/4" = 1'-0Â·' i 1 Al.1 ' studio 303, Inc /' ; 1 | 4383 Apple Ct, i Boulder Colorado 80301 r ' ' USA 1 1 Â« , ~~ ~ 1 tel 303 669 3370 f - 1 1 ..Aw.stud/303.us 1' 4/ 1 Allcon'rit'o~th,9,(ocul~entexprwa rfuggn intent 0*. F~nals,19,twaring 1 I MI . anabicationsbalremainthe Â»4 1 / . f m ' r"por,sibil* ofthe contractor ur .:ring,mentsanciplan: i"taledor ./.ant041 by these drawing. a. the propeity ofthe Own,1 and,â€¢ere , .reatel 'rus'Incon/2/1./w,ththe ~ spea~ectprolect. 1 , :1 & 904- , \4-14 j profeulanal registrations \ Cok.iado 203126 i ~ AD (61dfarArthilec! LIceils~ ntr,b~rs Te:as 219. 1, i 005091 , N. Al/ !2603. i . 9 \ 1 l. i / ' f \ \ , 4 / UN- ' ' r.k -eists r.047 I seal & signature '00% 43 / A I / i OBV / 14- AR \\04Â» /7 --: I . % i , 7828'-5 / 1 -- , consultant name and address / . i \ I . , 1 / : UP Â· r 1 / 01 f 9 -- i U 4~ 1.----" r :l_-2 - - ; original issue dates 10 Schemat,0 DE51gi 23 December, 2013 \ 1 : 01\ . + / ' 2,1 ' 1 0,1 1 -~ _ - i revisions / 1 - - t. 411 0 /,3 1 2 1 1 , i \ - --1-1 1 - 1 71 pro ect Private Residence \ i 1330 Mountain View Dr 1 Aspen, CO ' i i drawing title Â«i Ground Level ' Plan i 1 I drawing scale 1 /4"= 1'-0' ~Â· drawing number ~ gi~ Ground Level Plan - l ~413/ Scale 1/4" = 1'-0" \,â‚¬y - 1 ' studio 303, Inc 0 - i ~ 4383 Apple Ct. Â£ i i Boulder Colorado 80301 ~ USA 1 1 tel 303 669 3370 t Â«42%g~ . www.studic,303.Us 7 | Allconk/ofthisace,menti,xpress Â· dusign Ii. nt Ii'ty. 115.1 eriginwaring / ' ' | and *bricalion shall remain the 444Â» 9 Nkh . . 1 re*pendbdity ofthe cortimator ur 1 j .icang:ments/,3/4276//cated' ' piesent,Ed by riese ./wings a. e thi *bricator AN icitas diguns. ~~, li./.1/ 0, th' O.in/' Ind I'.e cieated rot u.6 tn c unnection with the 1 // r Spented Wile'l / 0,4 0 1 ' ' , professional registrations ' l Ali (6!dfar Arth!lect LIcel,$a n~rlter& .- / Collwall 203126 TaKas 21925 , , ~ 9 .....0 .0.051 ' 1 'CARB 12&050 / 1 \ / 1 , '' Ll i seal & signature r \11 f \117 f ~ 1\09 /:\ \ 1 / 1 / -u 1 9- \ ! r.04 61030 Fi ." 'tof 4 \ , 1 1 i / , .U7838f-5 1 , , f , . \ wnsultant name and address / 1 1 * 'up , i \ I \ 1 1 ---- 1 1 f l / A-4210 i 1 1 --- . I \ i original issue dates i / . 1 ---- 1 Schematic Design / ' 1 - I \ 23 [December 2013 / , 1 1 , --CS' i 1 1 \ \\ %\ L-4.-LU / 1 1,0 r I revisions \\\\\\ t\\\\\\\\\ 1-11,_1 .. / 1 \ / - ,0 ?\ , 1 1 1 '''m 1 / 2.i 1,4 1 , --- 1 i -\ 1 - 1 Â» + . 1 Private Residence 1330 Mountain View Dr ./ 1 : 1 fiÂ« 1 Aspen, CO ' / A .i i drawing title // i j Ground Level 1 Plan i ' 1 drawing scale 1/4"= 1.0 --- - drawing number * ri-~ Ground Level Plan 4ty Scale 1/4"=1-0 FLE- 1 / 1 4383 Apple Ct. 1 1 ti studio 303, Inc / ./rvilillill i Boulder Colorado 80301 USA - 1 1 //li~ www.stud~0303~us 1 tel 303 669 3370 1 i /5, 111//CON. Firial en/nbiting 11 Ailcolitwillfthi.Nocumentexprl. / ~ and fabricatice shallimain the f 1.1 respengbh ofiht contiactw ur fabricator. AdicÂ¢ees designsÂ· 1 airing'mer/enclptansinclicatedor Â· pre.'Inted b. these ....gs e I the / 1 Firope'/ of th' 01/4//; aitdÂ·.9ere * fo~ u~e th co,=er, -h the / 1 ..cle' preed. 1 1 \ professional registrations AN Gldfar Archit~ct Licen@entebers $ Colado 203126 /, f 21295 1 ....18.1/0 0DSU91 IJCARE 126050 4 , i 1 / I seal & signature 1 1 \ i i f f . 1 / 1 i OBV / 1 ! / fi \ 1 \ 1 1 V 44/ consultant name and address ~ OPEN TO BELOW , koo i /' : . Â· 1 1~ 783~91' ; ' 1 i \ / i / 7 1 th 1.U I / fl, 1 . or gial ISUS dateS 7 - / 1 1 / h.- -9 -- / 9- Schematic Design ,- 23 December, 2013 OPEN TO -0 1 1 ~ .' OPEN TO BELOW ,,- \ 1 BELOW 4. /6 1 1 4 \Â® 1 revisms \ . 1 \ \ l ./ - f f f Â«19 1 j \ L \Â« i 0 -- 1 : r - - ./ht \ 1 1 r--- 1 - i i / \ i i 2< ~ project /1 1 i Private Residence 1 1 1 1330 Mountain View Dr, \ i \.1- 1 drawing title :1 Upper Level Plan drawing scale 1/4"= 1J-0 Â· drawing number ~ rih Upper Level Plan ,/N i Al.3 & 26-0,1 1 1 studio 303, Inc 4383 Apple Ct ---1-------Historic grade per sulvey Boulder Colorado 80301 USA 4 loto. f 84Â« 2,%6 10/:'Wn /1,/ 7 ema $~ t~e tel 303 669 3370 va,w.studi!0303.us 41 cor,!ent o f ihi s docurnint wâ€¢Â·p~ess Proposed Lot Line-----------â€¢f design intent 04. Inal ens,!,eering 1 re 'punsibil* of the contractur ur fabfFIator. 411 ideas. des,unr / a rang'ments a dplans indicated' l ....... by these./.ings are the .coliN of the Owne; and were 1 7#4. 4.--294 -1 r cilated....inclinec.oriv..the spec~edprwea setback 1 , 7----------Â·Existing Lot[-~ne proresgoral registrations Â·ilt. All /!dler Artht:KI Lce/9 9101* . Colorede 203126 1 1. Nall.*ex,~o 005091 i 'CARE 12606(1 11 3 seal & signature Roof Point - / \\h u 1/2. , 1 Â«Â·Â·ux / 40'-0" t Ak Roof Point 1 w 41'-5 / oof Polnt<. ~Â©404 1!:| râ€¢~00 140 /2" : 02-V Historic grade per survey---------- i 1 Al f : i 10'-1 3/8. 1 oof Point ~Roof Po~l --- ~ 40'-11" 48'-11'07 9-7 27.-0.-/1 1 consultant name and address 1-----1---- Historic grade per survey /'~C. Roof Point 1 iÂ· ~73Ed-- 7 , 1010 1/2' 1 Proposed Lot LineÂ·----------â€¢. 7--t j /1 Root P 033/ l / 2% f--\:0.0 i original issue clates i Schemattc Design / 1504 1 : '237 23 December, 2013 1/! 9 ,-. Roof Point / 9, 49'-11" . \ i Historic grade per survey----- ./. C. Rrof/E>/ lao' -11 Â· / / t. Roof 1 Roof Point,1. , 1 \01 -0 VT , - i revisions 1 1 l , - 7 1 / / 1 f /1 Roof.pet/ '... Deck / 1 i . i 1 .73*11 ~/39'.9" / lot* 1 - / \ c. REB.f[98Â·/ 1 / - ea'-5. \ 1 - - Roof PÂ®]i / . 1 \ 10 +00 -4 11 // RA Roof Po~-1 / '1 40'-500 1 v 40'-11" ~ - k-i,sik i -h aut/ 1 - projecx ME i b. 9 1 Private Residence A Existing Lot UneÂ·----------4 w 1330 Mountain View Dr, t ----------Â·Historic grade / i Aspen, CO \ / 1 1 \ drawing title ,-------- Existing Lot Line ~ Roof i Plan ---------- Natural grade per survey ctraw,ng scale 1/80= 1-0 3 re drawing number Al ~ Roof Plan Â£1 - Al.4 -3?E----,-4 studio 303, Inc 4383 Apple Ct Boulder Colorado 80301 USA tel 303 569 3370 ww.stud!0303.us 25' Envelope /,1 /9, Highest point of roof ,/ - 1Â»% El-0 - An 25' Envelope ana fabrlcalion &1%61 remain the 4/coilten: of*documentexpress *. *#*. final eng:wering / , 25' Envelope -1Wt- ---- - 1 52'-4 respunsiblk? ofthÂ® contractor u 25' Envelope ari --- 4 + 9 52'-2 Tabricator. AR*.~s desivMÂ·. 51'-617â„¢- - o N N 9- pms~tedby tilese /nwing; ate the 8/Ing,meels and plans incicated or 9 N- pru poity of the Im and viere 'll''Ih 0 -~4 n ~reated foF * in connection Mth the N spe' Fed preed. 3 77 0 9 9 W I p li 0 1 qi profeesional registrations All Gkifar Arthll~c! License numbers ' ' Colorm'. 203126 . TE,ls 2189$ Ne:Ma*co 005091 FTP-73 9 IJCARB 126050 â€¢_â‚¬ LLUL 14 \ Interior Floor Level -7 Â· seal & signature 39'-9 110 0/ 111 -Â©50 11 1 i Ii 0 EYÂ©0 / 1 , 9 b , 20 '-5 1 9! 0 an Interior Floor Level 1 \ 1 - 1 28'-5" anSURah 0 -4 name and address --~- L --~-- + j j 6'-0" deep cover over front porch / \ - Historic Grade Below Point on Roof - -1 Historic Grade Below Point on Roof 1 .r Historic Gracie Below Point on Roof 1 27'4 Historic Grade Below Point on Roof . ' 27r-0 1 27'-2 07 South Elevation 439 Scale: 1/4' = 1'-0" onginal issue dates Schematic Desigt; 23 December, 2013 revisions L 25' Envelope *n 25' Envelope -- c.' 52'4" L- 37 ----------2-- 4 1 - D - 9 - - - qj prole:1 . dn Interior Floor Level Private Residence 1330 Mountain View Dr, . Aspen, CO =0 70 1 1 -1 drawing title [30 9 South & East Elevations 0 91 ========= t Interior Floor Level 1-â€¢ k. . 1 111 -- i - drawing scale 1/4~'= 1 r-0.' \ . Historic Gracie Below Point on Roof 1. . Historic Grade Below Point on Roof 1 27'4 1 27'-2" drawing number ~2~ East Elevation A2.1 41.1/ Scale 1/4" = 1'-0, studio 303, Inc 4383 Apple Ct, Boulder Colorado 80301 USA tel 303 669 3370 www stud{0303.us Allcontem 01*document 8*pre. dbign intent onÂ¥ Final engineering .i 25' Envelope .3 25' Envelope - respons,milly of the contrac,lor or and "bricanon shall xemainthe ----- .r. 25' Envelope fabricat" All ideas designs -- 1% ------#hEE- arrangements and plan' Endicated of preGented by theGe dfawings 8,4 fhe 0 Meity of the Owrief and weie C.1 created for 'Ee in connection with the specled project 21995 203126 {4 - - 1- - 1 professional registrations AN G,// Archmt LI~,onse 'iumbers ,~ ....Mexico 00509, NCARB 126050 seal & signature -1 1 39'-9' I Interior Floor Level Eli// " 1 1 004 . 1 *90% i 1 Â· *U Interior Floor Level ~ 28'-5" consultant name and address i r-1- Patios and fences not shown for drawing clarity an Historic Grade Below Point on Roof % ----~2679-- - i. An Historic Grade Below Point on Roof \ \ A- Historic Grade Below Point on Roof 27'-2" rih North Elevation 4*/ Scale: 1/4'= 1-0 1 26'-61 original issue dates. Schematic Design 23 December 2013 revisions -1 25' Envelope , 25' Envelope 1- -7/1/61- - ./ ' 52'-or a1 25' Envelope /* 1 - \ .x Highest point of roof 1 51'-11" 9 - to N - 1 1 Interior Floor Level I k - project ~ 39'-9" Private Residence | 1 | ~ Aspen: CO 1330 Mountain View Dr, drawing title North & West Elevations Interior Floor Level 6 28'-6â€¢ ~ Patios and Tences not shown for drawing clarity Historic Grade Below Point on Roof LA | . - . LÂ·~ drawing scale 1/4=1-0 1 1 - Historic Grade Below Point on Roof \- - .3 HMEÂ®-9-radle Below Point on Roof 4 - --MW-iga-- - drawing number ril West Elevation A2.2 42.F Scale: 1/4" = 1'-0 ..0-,SE 25'-0" 2'-10"' 25'-0" No second floor windows cross where the This set of windows rise from a height of 11'-4", but second floor structure is located between 10' are hidden behind parapet walls and 11 '-4" above the first floor. Sianificant aroup of windows face the street Hi 9 , , 104 h h r .4 . .4 66-03 I / -19 r ' .... I- ... 4 .4 i.i/-'I- . ~#6~. 1 . 4 1 - + L K. I ....... . . -2 - U 1- . . I 4 - ..F '- - ' I. I ~ 9 Garage doors face away from street as well as Front door parallel to street, and clearly visible approach into neighborhood. They will be single stall against surrounding glazing width doors. First story element: 32% of overall width of home. Exterior materials to be stone for ground floor wings, Entry porch to be 6'-0" deep, and 26' wide. and clear coated cedar siding for second floor Entry porch area will be 156 square feet. volume. 1330 Mountain View Drive South elevation rendering - January 2014 studio 303, Inc City of Aspen 4383 Apple Ct, Land Use Application for Boulder, Colorado 80301 USA Lot Line Adjustment tel 303 669 3370 & Residential Design Standards Varlance Drawing Index .wustud,0303.us All corlt,nt 01 thi: clocurn,nt -I.I AO.0 Title Page & Renderings de'ign int,/ 0,14. FIr,/"gl,enng and~brication'hal,~n~int. AO.1 West Meadow Subdivision mbkifir. ARWI,6.dmigns 1@~pon~Ibl~olthecon~,ctotor Al.0 Site Plan arrangerrients ~rld pl~,slnelicated or Al.1 Basement Plan p.....dbyth...........rethe property 01 the 0-,r. end weie Al.2 Ground Level Plan ipic/ed proj"t. creâ€¢ted Im e connection M4h the Al.3 Upper Level Plan A2.1 South & East Elevations A2.2 North & West Elevations professional registrations Ali Oldl- Arch}tilt Lkense numbe' col- T.*.s New M.Â¥Â·co NCARB 1.050 seal & signature 1,00 r046 * 41 1- ~. Trpt 0 . , , .~4. I. - 1 consultant name and address 431*./.4 'L - i . 4. ./ - ...EÂ·K*r . Ist.i . t Â· i Imi.rl. â‚¬.7 ' Â· E.71 -0 -- . ,"--llvl-/'.- .11 1 -- Ir - 1 : 1 ~1.4 4010* 1 Â· EÂ· -~~ original issue dates , .1 a 1 Â¥ ... 4.1.1,11:11# Schematic Design 23 December, 2013 , . A 1 16,1. 4 - 4 ,C- ./ ix' . revisions: project Private Residence " -1-4 -b 4. 1330 Mountain View Dr, . ..6 . A" N\ *1 ~~ r u Aspen, CO drawing title - 1,01/. Title Page RECEIVED 7 Ir> 1 JAN 1 6 2014 drawing scale none ~~ drawing number CITY OF ASPEN COMMUNiTY DEVELOPMENT AO.0 1r City of Aspen Land Use Application for Residential Design Standards Variance Private Residence at 1330 Mountain View Drive Residential Design Standards compliance analysis 26.410.040 A. Site design 1. Building orientation. The front facades of all principal structures shall be parallel to The building fagades are parallel to tangents along the the street. On corner lots, both street=facing facades must be streets. parallel to the intersecting streets. On curvilinear streets, the front fagade of all structures shall be parallel to the tangent of the midpoint of the arc of the street. Parcels as outlined in Subsection 26.410.010.B.4 shall be exempt from this requirement. One (1) element, such as a bay window or dormer, placed at a front corner of the building may be on a diagonal from the street if desired. 2. Build-to lines On parcels or lots of less than fifteen thousand (15,000) square feet, Does Not Apply. Parcel is greater than 15,000sf. at least sixty percent (60%) of the front faGade shall be within five (5) feet of the minimum front yard setback line. On corner sites, this standard shall be met on the frontage with the longest block length. Porches may be used to meet the sixty percent (60%) standard. 3. Fences Fences, hedgerows and planter boxes shall not be more than No fences, hedgerows or planter boxes shall be more than forty-two (42) inches high, measured from natural grade, in all 42" high in any areas forward of the front fagade of the areas forward of the front fagade of the house. Man-made house. No man-made berms shall be created in the front berms are prohibited in the front yard setback. yard setback. B. Building 1. Secondary mass Parcel is exempt per 26.410.010.B.3 (parcel is not located form within the Aspen infill area). C. Parking, 1. For all residential uses that Does Not Apply. Parcel does not have access from alley or garages and have access from an alley or private road. carports private road, the following standards shall apply: 2. For all residential uses that a) On the street facing fagade(s), the width of the living area on On the street facing fagade, the width of the living area on have access only from a the first floor shall be at least five (5) feet greater than the width the first floor is -52' whereas the width of the garage is -34' public street, the following of the garage or carport. standards shall apply: b) the front fagade of the garage or the front-most supporting The house conforms instead to 26.410.040.C.2c. column of a carport shall be set back at least ten (10) feet further from the street than the front-most wall of the house. c) On lots of at least fifteen thousand (15,000) square feet in Parcel is greater than 15,000sf. The garage is forward of tÂ» 1 size, the garage or carport may be forward of the front fagade of front fagade of the house and its doors are perpendicular t the house only if the garage doors or carport entry are the tangent of the street. perpendicular to the street (side-loaded). d) When the floor of a garage or carport is above or below the The driveway cut within the front yard setback shall not street level, the driveway cut wihin the front yard setback shall exceed 2' in depth. not exceed two (2) feet in the depth, measured from natural grade. e) The vehicular entrance width of a garage or carport shall not Vehicular entrance width is 18'-0". be greater than twenty-four (24) feet. f) If the garage doors are visible from a public street or alley, The house shall have two single-stall garage doors. then they shall be single-stall doors or double-stall doors designed to appear like single-stall doors. Â¥ D. Building 1. Street oriented entrance & All single-family homes and duplexes, except as outlined in The entrance to the house is parallel to the street, directly elements principal window Subsection 26.410.010.B.4 shall have a street-oriented entrance visible and identifiable from the approach. and a street facing principal window. Multi-family units shall have The home has several significant street-facing windows. at least one (1) street-oriented entrance for every four (4) units and front units must have a street facing a principal window. On corner lots, entries and principal windows should face whichever street has a greater block length. This standard shall be satisfied if all of the following conditions are met: a) The entry door shall face the street and be no more than ten The entry door faces the street and is 33' back from the front- (10) feet back from the front-most wall of the building. Entry most wall of the building. The entry door is 8' tall. doors shall not be taller than eight (8) feet. b) A covered entry porch of fifty (50) or more square feet, with a The covered entry porch is 163sf, 6' deep, and 8' clear height minimum depth of six (6') feet, shall be part of the front fagade. 0 story) Entry porches and canopies shall not be more than one (1) story in height. c) A street-facing principal window requires that a significant The house has -212sf of glazing at the street-facing window or group of windows face street. entrance. 2. First story element. All residential buildings shall have a first story street-facing The porch is -30' wide, which is -41% of the width (-73') of element the width of which comprises at least twenty percent the house. The porch covering projects 6'. The porch does (20%) of the building's overall width and the depth of which is at not include interior living space and there is no accessible least six (6) feet from the wall the first story element is space above. The porch is 8' to the plate height. projecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first story element may be a porch or living space. Accessible space (whether it is a deck, porch or enclosed area) shall not be allowed over the first story element; however, accessible space over the remaining first story elements on the front facade shall not be Drecluded. ' 3. Windows. a) Street-facing windows shall not span through the area where No street-facing windows span through the area where the a second floor level would typically exist, which is between nine second floor level exists, which is between 10'and 11'-4" (9) and twelve feet (12) above the finished first floor. For above the finished first floor. No windows span between 9' interior staircases, this measurement will be made from the first and 12' above the finished first floor except for the following: landing if one exists. A transom window above the main entry 1) The upstairs Master Bedroom has a fully-glazed door and sidelight facing the street leading out to a deck. Since the is exempt from this standard. finished floor at the upper level is 11'-4" above the finished floor of the ground floor, this glazing begins at 11'-4" above the finished first floor. However, this glazing is not visible from the street due to the height of the parapet around the deck. 2) At the entryway, glazing extends up to 10'-0" above the finished first floor, stopping below the underside of the upper floor. This includes a glazed transom above the front door and glazing adjacent to the interior staircase. The first landing of this staircase is at -6'-6", and the glazing does span between 9' and 12' above this landing. b) Parcel is exempt per 26.410.010.B.3 (parcel is not located within the Aspen infill area). 4. Lightwells. All areaways, lightwells and/or stairwells on the street-facing The building has two lightwells, one on the east side and one fagade(s) of a building shall be entirely recessed behind the on the west. Both are entirely recessed behind the front- front-most wall of the building. most wall of the building. E. Context 1. Materials a) The quality of the exterior materials and details and their High quality materials and details are designed for all sides application shall be consistent on all sides of the building. of the buidling. b) Materials shall be used in ways that are true to their All exterior materials are to be used in appropriate manners. characteristics. For instance stucco, which is a light or nonbearing material, shall not be used below a heavy material, such as stone. c) Highly reflective surfaces shall not be used as exterior No highly reflective surfaces will be used for exterior materials. cladding. 2. Inflection. Parcel is exempt per 26.410.010.B.3 (parcel is not located within the Aspen infill area). studio 303, Inc . -- :MSÂ·.1 4383 Apple Ct r , 1. Boulder. Colorado 80301 ~ USA I , 3- tel 303 669 3370 ==- - ~~~~~~~~~ - www.stud10303 us 76'joid,~A-- .-. 4 --L----II9Lt -4- - -- 74.- r Â· d*$10~ intent on&. Fliat g"Mering and fabncation 'hal limain the #/ . I. h Â»9..'I'. airan/ments andplan, Inckated or . . . .*3 1,11.-m~ ,Â®spon;ibii,ty ofth~ co,*factor or #bftcatof. Al,deas designs -I---I-=-Il'.-/).:3'.....'le '- f â€že..c~ ,Â©r usa tn Connection With the pit.ntiol by Fese drowings Bre the - p,opN,ty ofthe Owner and were sp/cibid project. , professional registrations Al Gldfa, Arthltect LIcan. .liters Te*,6 ... Cobrado 20/. ='awk Fzrkfi~ NewM.,cc 00.. - ./.ZY> .r .- 43&OBL-31~J ~.1.21 ad-~ - ' seal & signature 9~L-C~ NCAR f26O5 411 1 5 1 y + ... I. I ~ '20. ....I < 411....... reMP 4 k i., ----Il.-- A?Â©c, *.#@...... . . --- 092-, . y -i-* . ' I: "~6/' -Ga. - ~7,1 '63 - 347â€ž.7 145*9.r*~ ~'S ' --90,1 - . - a. Semall'.IL mkt-.-' ai~-f % - 9Â· ../2 229:.02*.2 liff-4 - consultant name and address -Ed.- 1-*7*-L-..----U&/. , - /fl '* ...I- I. 0%,-/: I.. 1 m , 1 7, h, N.\\ .- \ ,//, .., 1 3 ' 1 1320. .'1:30, 1 ,.3 1 0- 1 7 / .... j -: 1 1 --7:li:624,1 t , -j , : 1./. 1 ' t..._ 1\J i 1270 1280, -IL- ..... 1 -.I ideD. OW , 4- 1-- . 2 l. original issue dates --frâ€¢-,2.I :5â‚¬' /-<CN, ,': 11=Â·Â· b.----.-- Schematic Design - --=4 23 December, 2013 -. j. j --1 1 ~ 1 *15. ..... 4--,25. 1 , I i 1 rt f I ._~'353 7-12 (- -,C ...t li i 1345. ;265 -i j '245. 1 .,Â· 1 , .2 - 1 - --3..27all 45.Mill' 2 1285. --i- * + .. -- I i F ) *-/.9- revisions 1 1 1227. f #*- -----*----- : +I ' .t_ 4 '/ A 'f .k. -2 -'â‚¬:- - k i , iltt *r - 4 - & Project -17' - - '9 ' Private Residence ' ..%.M-' I 1330 Mountain View Dr, Aspen, CO 1 Y 46, 471 ng/ . =0./../.I"///i -1 3 4 , . drawing title -- -Â«XI 'Â·.'-3/il (W/# Illi'VEr,~tui - -'1/ ' Prili 1-_S i; k - a J ltFIili Subdivision Photographic Panorama F 3 - . drawing scale 1 1000 - , = drawing number r-Th West Meadow Subdivision AO.1 l42:.1/ Scale. 1.1000 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny - 970.429.2739 DATE: 11.11.2013 PROJECT: 1330 Mountain View Dr. REPRESENTATIVE: Ali Gidfar, Michelle Frankel - 303.442.3700. TYPE OF APPLICATION: Residential Design Standard Variances DESCRIPTION: The potential applicant is interested in redeveloping the 15,415 sq. ft. parcel (per Assessor) at 1330 Mountain view Dr. with a new single family home, and is seeking at least two variances from the following residential design standards to do so: â€¢ 26.410.040.D.1.a - "The entry door shall face the street and be no more than ten (10) feet back from the front-most wall of the building..." and â€¢ 26.410.040.D.3.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. .." A third variance may be sought regarding the size of the first story element. The subject parcel is Lot 5 of the West Meadow Subdivision, which has a Homeowner's Association. The potential applicant will be required to provide a letter of approval from the HOA for this project as part of the application. The West Meadow Subdivision was approved in 1958, with the final plat recorded at Reception No. 106400, Book 2, Pg. 245. The parcel is outside of the Aspen Infill Area, and is therefore not required to meet the Residential Design Standards related to secondary mass, non-orthogonal windows, and inflection. All other standards shall apply. Below is a link to the Land Use application Form for your convenience. http:#www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2011%20land%20 use%20app%20form.pdf Land Use Code Section(s) 26.212 Planning and Zoning Commission 26.304 Common Development Review Procedures 26.410.D Residential Design Standards - Variances Follow the link below to view the City of Aspen Land Use Code http://www.aspenpitkin.com/Departments/Community-Development/Planning-and- Zoning/Title-26-Land-Use-Code/ Review by: - Community Development Staff for review, - Planning & Zoning Commission for determination of Residential Design Standard Variances Public Hearing: Planning & Zoning Commission Planning Fees: $3,250 Deposit for ten (10) hours of Staff review time. Any hours billed over the deposit will be charged at a rate of $325/hr. Total Deposit: $3,250 . Total Number of Application Copies: 10, 2 sets of full size plans To apply, submit the following information: rl Total Deposit for review of application. 71 Pre-application Conference Summary. [-1 Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 0 Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. r-1 A site improvement survey including topography and vegetation, showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. 1-1 A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. 1-1 Completed Land Use application and signed fee agreement. [-1 An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. r-1 1.Q copies of the complete application packet and maps. r-1 A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application (Section 26.410.040.D Variances) 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.