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Home My WebLink AboutLand Use Case.716 W Francis St.0012.2006.AHPC716 W Francis ST Minor HPC 173512408003 Case 0012.2006.AHPC-- '1 c (& :/\.03 fF i C 1 110 /,L/04 th 4 1,0 P 7 L-- *44- 1 7.1 p*...4 2.-1 - . 3- Â¥f . THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0012.2006.AHPC PARCEL ID NUMBER 2735 12 4 08 003 PROJECTS ADDRESS 716 W FRANCIS ST PLANNER AMY GRUTHRIE CASE DESCRIPTION INTERIOR REMODEL REPRESENTATIVE ROD DRYER DATE OF FINAL ACTION 4.21.06 CLOSED BY ANGELA SCOREY ON 2/10/10 .. 9.:21 '.41 '.4 /~ 2, 0 111 r r 1/, " K.:. i f i 00 2-'~_~ . . 1 Die Edit Eecord Navigate Fem Reports Format Iab lielp -3 ..83 911 9 i L 1 14 a P,outingilistow i Conditiony Sibteimit~ i Valuation i Public Comment i Customef Reguest I Attachments 414 Main | Routing Status ~ Arch/Eng ~ Paicels Custom Fjeids i Fee-4 1 Fee Summae j 8ctions Permit Type ahpc Aspen Historic Land Use 2004 Permit It 100122006.AHPC 4/' â‚¬""â‚¬~"",~~~~~4~Â«<N#*Â¥~ ~~~~~~WYYWY,~ Addes Â· 4 I .,r dj *p/. ouite ' City ASPEN State ICO Â» i Zip I81611 91 Pe :mit I nfoimation Master Permit a -~ Routing 02-teue ' ahpc06 Applied ~03/09/2006 <~~~~~Uaaâ€ž.A.â€¢ PÂ»/di St,atusÂ· pending Approved i Desaiption INTERIOR REMODEL TO INCREASE NUMBER OF BEDROOMS TO 5 & Issued ZATHROOMS TO 6 NO EXTERIOR CHANGES ARE PLANNED .---. Final Submitted ROD D CER 325Â·5689 Clock Hurintng Days f- 0 Expkes 33/04/2007 Visible on the web? Permit ID ~ ..24 N. Owner Last Name BRIGGS @] First Name ISTEPHEN PO BOX 6965 SNOWMASS VILLAGE 00 010'J 01 rl K Phione 2970; 322 4,200 Â· 9 Owner ls'Appl~cat'it~? Applicant Last Name IBRIGGS :] Fif. t Name ISTEP HEN ~PO BOX 6965 *SNOWMASS VILLAGE CO 81615 Phone 1 97Uj 3204800 Cust # 126770 , Enter the man kne 01 the permit address VEW Recold' 3 01 3 r k 4. , I & %9 â‚¬/ 40/ 0 . p] * * * ERROR REPORT C MAR. 8. 2006 2:46?M )* * * FAX HEADER 1: COMMUNITY DEVELOPMENT FAX HEADER 2: FILE USER NAME ADDRESS MODE TIME PAGE RESULT 5841 9147640558 83 RED 1,31 0 P. 1 E PAGE NOT RECEIVED QUICK SERVICE CODE F). 1 00-83 BATCH C :CONFIDENTIAL $ TRANSFER P F'OL L I NG MEMORY TX L :SEND LATER @ FORWARDING E ECM STANDARD D :DETAIL F FINE O 300 dpi SUPER FINE X :EXTRA SUPER FINE b COLOR !3:REMOTE TRANSFER LAN-FAX + :ROUTING Q RECEPT. NOTICE R E Q. A RECEPT. NOTICE * c 03 K =tt .. Sara Adams From: Rod Dyer [dyerarch@rof. net] Sent: Wednesday, July 26,2006 2.27 PM To: Sara Adams Subject: 716 W. Francis St. Amy, The owners of 716 W. Francis are requesting that the HPC allow the removal of an existing Non-Historic brick chimney and the installation of a new simulated (Cultured) brick chimney that will be more in keeping with the original chimneys removed by the previous owners. Also the owners would like to install 2- 4'-5"xl'-5" awning windows in the new Dining Room. These windows would be of similar trim and color as the existing windows and would be located high on the Dining Room (East) wall. This exterior wall faces the house to the East and will have minimal exposure to the streetscape. The proposed Chimney and windows are shown on drawing sheets A-2.4 and A-3.1. Thank you fOor all your assistance Rod Dyer Rod Dyer - Architect dyerarch@rof.net 970-925-5689 4 01,1\ & 4-1 #4-f 961+/{ 01/1 l ~/'0,1 a u.iyl/1 6 40Â© Gf> 9 l/lâ‚¬) L"Aaâ‚¬ O1/1 u e l V.Jel/./ v DOUNA Lot/- Â·40 5 0. D F,#10 0 4/, D l uu, & 1 3,/\ ~-~ iyEV 28*,~2, -761- 4 ) 9 t.,0 U 1 4 CO L /L--' V V 1 <8851820*8&*&800.'wi'*"*'ii,~Â·â€žâ€ž,h,hâ€žâ€žâ€žâ€žâ€žâ€ž,v v â€ž Ill,Ilin_".â€ž...~:.."5/8589959Â·99"4"~pw'wfwfâ€¢X~K,~, .... Il'Ill"llU " .4 "4-% W W .L' 7 rr.77 7 7.7 1,r. Il I ||| | 41 P GR 80 mo 13 1 -0 .0 40 6 n1 m U 1-TI H . 0 2 -2 1 - .4 - : :0 1,Â· AR 3'-6" 1 b.:1 6% , .1 m - r- z AG u.: . 11 03 .. 11 - I 86 + . jo *IZA ~ Z 1- 48 1 Â·Â·Â·Â· eu 0. lifil ir j 1 -- - 4 72% 1 8 1 / 22' I. 1 'blÂ· 2 /00 *56 N 91....1~. [ I Ilk __d_-2-- 1 . % Rfa * c.6 2 0 -11 E ~ NTERIOR REMODEL FOR: m J' r* m 2 Â¥ 71 70 9 ~ ROD DYER - ARCHITECT m -,1 9 n 14 f 2 0 0 3 <rn a 716 1/\1. FRANICIA LLC, 612 WEST MAIN STREET 1 + 20 4 01 .-4 e 4 7 Â· .:.Â·: ASPEN, COLOT1ADO 01611 > -'6 11 _ 1 0 A 1- 0 1 6i 7 , 70, 0 UP 0 G 8 i N ~ 716 IN. FRANDIS S At- ARCHITECTU,RE CONSULTING ARCHITECTURE DESIGN ASFENi COLORADO 8161 970 925-5689 PHONE & FAX dverarch@mf.net NO 1*6333 12 T ELEVAT ON EAD HEI NER / D ;=fAME Fulle SOMROW , "' CULTUR// 8/,0/ VENEER ..34 Â«01\ 1- 1 1 \ i 1-+. f-* 1 I W. 1. t' 9 4 ' - 1 '3Â¥' *4' Â· 5 ..27: ..' A 01*11. 4 - - Al"11/ \>f 1,4. $ '\ 44 1.. 6.,742 ..,h.1.15% 4 Â· b>,-h. Fli VA Â¥00\ 11> \4 .4hc,\ ,\ -I- .- 4*. te .. .. , L /5...Pi-'//'- L -04 ~mmlmrÂ» . 0 4// 4(73 Â£// 6/ pt,2,7 31Â£407 . 24- 2 Al Page 1 of 4 .. Amy Guthrie From: Madhu Krishnamurti [mbk@kcelaw.net] Sent: Monday, May 08,2006 4:07 PM To: Amy Guthrie CC: 'Rod Dyer' Subject: FW: 716 West Francis Okay, thanks Amy. Rod, see Amy's comments below. Madhu From: Amy Guthrie [mailto:amyg@ci.aspen.co.us] Sent: Monday, May 08, 2006 3:51 PM To: Madhu Krishnamurti Subject: RE: 716 West Francis I can't administratively change the language in the reso. All it says is that within 30 days of HPC approval the applicant will pursue the encroachment license. You have picked up an application and I can put this email in the file as evidence that you are pursuing the license. Just please have Rod get back on top of it when he and Steve Hunter return to town. OK? Amy Guthrie City of Aspen Historic Preservation Officer 130 S. Galena Street Aspen, CO 81611 (p) 970-429-2758 0 970-920-5439 www.aspenpitkin.com 5/8/2006 Page 2 of 4 From: Madhu Krishnamurti [mailto:mbk@kcelaw.net] Sent: Monday, May 08, 2006 3:15 PM To: Amy Guthrie Subject: RE: 716 West Francis Amy, Do you think the wording of the resolution regarding the encroachment license could be changed to 30 days from date of recording instead of approval? Or change 30 to 45 days from date of approval? I ask because the architect is handling this matter and he will be out of town for the rest of this week. He has obtained the application but not yet completed it. Also, I believe Steve Hunter in the engineering dept is out of town until the 15th Please let me know if either of the changes would be possible. Thanks, Madhu Madhu Krishnamurti, Esq. Klein, Cote & Edwards, LLC 201 North Mill Street, Suite 203 Aspen, CO 81611 Phone: 970.925.8700 Fax: 970.925.3977 Cell: 970.379.0028 e-mail: mbk@kcelaw.net The information contained in this email is confidential and/or privileged 5/8/2006 Page 3 of 4 .. information intended only for the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any copying, dissemination, or distribution of confidential or privileged information is strictly prohibited. If you received this communication in error, please immediately notify the sender. Thank you. From: Amy Guthrie [mailto:amyg@ci.aspen.co.us] Sent: Monday, May 08,2006 2:34 PM To: Madhu Krishnamurti Subject: RE: 716 West Francis Here is the amended resolution, which I will send on to be recorded. Can you fax me some documentation of the change in ownership to 716 W. Francis LLC? I don't have anything. thanks Amy Guthrie City of Aspen Historic Preservation Officer 130 S. Galena Street Aspen, CO 81611 (p) 970-429-2758 (f) 970-920-5439 www.aspenpitkin.com From: Madhu Krishnamurti [mailto:mbk@kcelaw.net] Sent: Monday, May 08, 2006 9:14 AM To: Amy Guthrie Subject: 716 West Francis Hi Amy, Since I didn't hear back from you, I just wanted to make sure you received my last e-mail regarding 716 West Francis LLC being the owner to list on Resolution No. 8 rather than Steve Briggs. I believe you indicated you would be forwarding the resolution to the city clerk's office this week for signature and recording. I would appreciate a quick reply if you don't mind just to let me know you got my email. 5/8/2006 . Page 4 of 4 Thanks, Madhu Madhu Krishnamurti, Esq. Klein, Cote & Edwards, LLC 201 North Mill Street, Suite 203 Aspen, CO 81611 Phone: 970.925.8700 Fax: 970.925.3977 Cell: 970.379.0028 e-mail: mbk@kcelaw.net The information contained in this email is confidential and/or privileged information intended only for the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any copying, dissemination, or distribution of confidential or privileged information is strictly prohibited. If you received this communication in error, please immediately notify the sender. Thank you. 5/8/2006 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING AN APPLICATION FOR A SETBACK VARIANCE FOR THE PROPERTY LOCATED AT 716 WEST FRANCIS STREET, LOTS N AND O AND THE WEST 15 FEET OF LOT P, BLOCK 15, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION NO. 8, SERIES OF 2006 PARCEL ID: 2735-124-08-003 WHEREAS, the applicant, 716 West Francis LLC, owner, represented by Rod Dyer, architect, has requested a setback variance for the property located at 716 W. Francis Street, Lots N and O and the west 15 feet of Lot P, Block 15, City and Townsite o f Aspen, Colorado; and WHEREAS, for approval of setback variances, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine, per Section 26.415.110.C of the Municipal Code, that the setback variance: a. Is similar to the pattern, features and character of the historic property or district; and/or b. Enhances or mitigates an adverse impact to the historic significance or architectural character ofthe historic property, an adjoining designated historic property or historic district; and WHEREAS, Amy Guthrie, in her staff report dated April 12, 2006, performed an analysis of the application based on the standards, found that the review standards and the "City of Aspen I listoric Preservation Design Guidelines have been met, and recommended approval with conditions; and WHEREAS, at their regular meeting on April 12, 2006, the Historic Preservation Commission considered the application, found the application was consistent with the review standards and "City of Aspen Historic Preservation Design Guidelines" and approved the application by a vote o f 5 to 0. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby grants approval for a 5 foot rear yard setback variance for the second floor living space above the garage at 716 W. Francis Street, Lots N and O and the west 15 feet of Lot P, Block 15, City and Townsite of Aspen, Colorado with the following condition. Within 30 days of the date of this approval, the applicant must pursue an encroachment license from the City of Aspen Engineering Department to address the existing right-of-way improvements in front of the house. Failure of the Engineering Department to issue a license, or revocation of the license at a later date, will not invalidate the variance granted herein. APPROVED BY THE COMMISSION at its regular meeting on the 12th day of April, 2006. 524491 - l i lial ill illill li I I ilifillil 1 05/25/2006 10.52 Page: 1 of 2 JANICE K VOS 3.-DILL PITKIA COJTY CO R 11.00 D 0,00 . Approved as to Form: ATTE T: flit _ 41_923Â«Â« D:fÂ¢id Hoefer, Assistant City Attorney Kathy Sfrickland, Chief Deputy Clerk Approved as to content: HISTORIC PRESERVA ION COMMISSION Jeffrey\~if~ty, Chair lilli 11111--1111-111111-1111111-1111 111 05/25/2006 10-53 524491 Page: 2 of 2 JA,JICE K VOS CAUDILL PITKIN COLA-Y CO R 11.00 D 0-00 .. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 1 Ke W Â· fize'Â·4 r>(5 67- , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Arte j L- 11, 192%>, , 200,@L STATE OF COLORADO ) ) SS. County of Pitkin ) 1, 120014 2â‚¬ a. pceetz- (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) ofthe Aspen Land Use Code in the following manner: 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 at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. 4 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 in a conspicuous place on the subject property at least fifteen (15) days prior to the public hearing and was continuously visible from the 26 day of U,,â€¢.cas{.{- , 200 9 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. 4 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) ofthe Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet ofthe property subject to the development application, and, 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 any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet ofthe 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 ofthe public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) .. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text ofthis Title is to be amended, whether such revision be made by repeal ofthis 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 has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Li--~k~Â»Â«0 Sigo#ture 1 6 The foregoing "Affidavit of Notice" was acknowledged before me this ( 1 day of A orvt , 2001_,by C. cal rien 09 ev- WITNESS MY HAND AND OFFICIAL SEAL My Commission Expires My commission expires: 08/22/2009 V 1/ l V Notary Public -auJ) Ly, t pus.14 l N ~ ANDRE 9 ~ ' PONTIN Â£ ATTACHMENTS: 1 : .. < N*2* OF CCE' COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL .. PUBLIC NOTICE RE: 716 W. FRANCIS STREET- VARIANCES NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, April 12, 2006 at a meeting to begin at 5:00 p.m. before the Aspen Historic Preservation Commission, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Steve Briggs, P.O. Box 6965, Snowmass Village, CO 81615, affecting the property located at 716 W. Francis Street, Lots N and O and the west 15 feet of Lot P, Block 15, City and Townsite of Aspen, Colorado. HPC is asked to grant a 5' rear yard setback variance to legalize an existing non-conformity. For further information, contact Amy Guthrie at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2758, email address: amyg@ci.aspen.co.us s/Jeffrey HalfertÂ¥ Chair, Aspen Historic Preservation Commission Published in the Aspen Times on March 26,2006 City of Aspen Account i --"--A 1 X :436,4.,4 , 4 U - ./ -1/17 6 13+4*J . 1 . 9, 7-19-- J . . ... / \% r - .I .. 1 , . m - 31 . . 114 )1 1 '0 .\ / ,' .....r 6. I ...4 4.11 0 1 1 - ..2<1\; . 1 V 1 , - . / , .. r /1 4 - -0:tr, J. . . . Â¥ I zle ..2,6/ 0. r e 9 U 1 . j? V. - . ..1 -t " I *tee* .- 2 1 \% a. . 1 -0- 9.1 .L . 1 4 1 I . 1 1 I ROD DYER - ~CHITECT 612 WEST MAIN STREET ASPEN, COLORADO 81611 March 7,2006 Rod Dyer Rod Dyer - Architect 612 W. Main Street Aspen, Colorado 81611 Mrs. Amy Guthrie Senior Planner - Historic Preservation Community Development City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Re: 716 W. Francis Street, Aspen, Colorado 81611 Dear Amy, Please find, herein and attached, our request for a 5 foot rear yard setback variance for the above referenced property. Mr. Stephen Briggs wishes to remodel the interior of the existing residence to increase the number of bedrooms from three to five and reorganize existing interior spaces in a more convenient manner. The exterior of the structure will not be altered. The existing structure was remodeled to its present configuration in 1992-1993. On March 5, 1993 a change order to the master permit was applied for, and approved, granting an additional 105 square feet of space in the master bathroom above the garage. In doing so the north wall above the garage was placed 5 feet from the rear property line instead of the required 10 feet. This change was approved by the staff Preservationist Kim Johnson and by the Zoning Officer Bill Dreuding and was subsequently built. A certificate of occupancy was issued on May 10, 1993. It appears that no variance was either applied for or granted for this intrusion into the rear yard setback. Mr. Briggs is in the process of purchasing the property from the previous owner and wishes to remove any cloud of non-conformity by requesting this variance. ARCHITECTURE CONSULTING ARCHITECTURE DESIGN 970/925-5689 PHONE & FAX dyerarch@rof.net 4%= .. Please let me know of any additional information or documents required. Sincerely, 41Â« Rod Dyer Rod Dyer - Architect .. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: -27. (0 (/1/ G=2Â© wrn., S , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 4 l lajo (g , 200- t STATE OF COLORADO ) ) SS. County of Pitkin ) 1 11 I, c.* 0 \Â»2:56 :L- / 1,1 (21 ,- (name, please print) 1 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 fhe 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. 4 copy ofthe 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 and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners 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. (continued on next page) .. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text o f 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 o f names and addresses o f owners o f real property iii 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. )4[lature f.n The foregoing "lffidavit of Notice" was acl<nowlerloed before me this?-7 dav of MÂ»On . 200_~ by J OFF'n-â‚¬,5 0 Fl_oEF - WITNESS MY HAND AND OFFICIAL SEAL My,Â¢6mmission expires: Notary Public Aleti-25+34-*642~4 #13: + ,- :b TA af .7 : Ed W!1.Â· 4,0 6- N / ATTACIIMENTS: My ConlinisiJA 2IFIFi[9/25/2009 COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL R 2 (0890 '9000 '9Z 43,EM uo Xlia@AA saul!1 uaa:v alR u! 1)@49!lqnd 00!4!IUU[0,7 uotliA.las/d Juols!,H U/disv Â·ill?LED 5.403+uadsvÂ·!1@3/(UIP ES@.Ippe 1!eula '#SLE /O luouldoi@.aa X}!unultuoy) uadsÂ¥ 10 X10 341 w .1141.9 XurÂ¥ lieWOD) 'UOrleulloju! 13413[IJ Jod *!ulloluoi -uou Bulls,X@ UU az!It?Sal 01 Joue!-IiA H,eqlas Pl/& ipai ,5 v lue.iN 01 pa>Ise s! DdH 'ope,loto) 'uad -sÂ¥ 10 31]gamol pue Al!.0 '91 31*18 'd 101 Jo Pal 9 15@Al @41 Pue O pue N 9101 1@ails s!)11241 * EIL 12 Pale,or Xilodcud 3411 Hu!10@ue '9191% 00 '@BEI[!A SselUMOUS '9969 X08 '011 '980!.Ig JAMS Aq pawumns Lioneolidde ur /ap!Â§110/ 01 'uad -SÂ¥ 'Â·16 PuateD S (}Â£'I '11.H 40 'SJ@quielo i!~)Umoo Al!O 'UOISS![UU]03 UONEAJOS@41 1.[Ots!,H uad at a meeting to begin at 5:(M) p.m. before the As- hearing will be held on Wednesday. April 12. 2006 NOTICE IS HEREBY GIVEN that a public RE: 716 W FRANCE STREET- VARIANCES PUBLIC NOTICE 1 4,a;WA *,POS e (016) '00 'uadsv Â·Â·16 eula OEI MEMORANDUM TO: Aspen Historic Preservation Commission _JA-A THRU: Joyce Allgaier, Deputy Community Development Director c // FROM: Amy Guthrie, Historic Preservation Officer ~4*~ RE: 716 W. Francis Street- Setback Variance, Public Hearing DATE: April 12,2006 SUMMARY: The subject house was constructed in the 1880's and is listed on the Aspen Inventory of Historic Landmark Sites and Structures. A rehabilitation project, including an addition, was completed in the early 1990's. The property has recently changed hands and it has become apparent that a building permit was issued to build a portion of the house within the rear yard setback even though a variance had not been granted. The new owner would like to correct this error. Staff finds that the proposal meets the review criteria. Approval of a variance is recommended. NOTE: The property has a bear proof trash enclosure in the rear yard setback, which is allowed. Staff requests that the applicant seek an encroachment license from the Engineering Department for the railroad ties and gravel parking in the right-of-way in front of the house. It would likely be preferable to HPC that this area be returned to grass. APPLICANT: Stephen Briggs, owner, Â° - 119/tryzery. : represented by Rod Dyer, architect. 4 15 1 . . Â· Â·k ... . 1 , 1, PARCEL ID: 2735-124-08-003. ' 2858): . â€¢ 1 . ... i %.4 . ADDRESS: 716 W. Francis Street, Lots --- S .... .. t / N and O and the west 15 feet of Lot P, . 4 64 . .,' .... t~4 ./- Block 15, City and Townsite o f Aspen, - u 4 - E-Â·.4 Colorado. -t . x t'Â·,-5 4 94Â¥ - 4- 1 ZONING: R-6. /1 11 0; 81 1 . r- - 1 . ~ 2*--184 T-+ --- t---Â· -- ./FT 1 .. SETBACK VARIANCE This structure has a garage which is located 5 feet from the rear property line. That is a permitted setback, however living area above the garage is to be pulled back 10 feet from the rear lot line, which it is not. The owner requests a rear yard setback variance of 5 feet to legalize the location ofthe living space above the garage. The criteria for granting setback variances, per Section 26.415.110.C of the Municipal Code are as follows: HPC must make a finding that the setback variance: a. Is similar to the pattern, features and character of the historic property or district; and/or b. Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district. Staff Finding: This project won an award from HPC in 1993 for achieving a sympathetic addition to a small historic building. HPC has typically supported granting relief to rear yard setbacks in order to push new construction as far as possible away from a historic resource, which relates to criterion "b," above. The variance was overlooked in 1993 and a building permit was issued to construct the house as it exists today. Staff finds that granting a 5 foot rear yard setback variance to legalize the configuration of the house as it currently exists is appropriate. DECISION MAKING OPTIONS: The HPC may: â€¢ approve the application, â€¢ approve the application with conditions, â€¢ disapprove the application, or â€¢ continue the application to a date certain to obtain additional information necessary to make a decision to approve or deny. RECOMMENDATION: Staff recommends that HPC grant a 5 foot rear yard setback variance for the second floor living space above the garage at 716 W. Francis Street, Lots N and O and the west 15 feet of Lot P, Block 15, City and Townsite of Aspen, Colorado. The applicant must pursue an encroachment license from the City of Aspen Engineering Department to address the existing right-of-way improvements in front of the house. Exhibits: Resolution #_, Series of 2006 A. Relevant Design Guidelines B. Application 2 .. Exhibit A: Relevant Design Guidelines for 716 W. Francis Street, Variance 10.7 If it is necessary to design an addition that is taller than a historic building, set it back substantially from significant facades and use a "connector" to link it to the historic building. o A 1 -story connector is preferred. o The connector should be a minimum of 10 feet long between the addition and the primary building. o The connector also should be proportional to the primary building. 10.8 Place an addition at the rear of a building or set it back from the front to minimize the visual impact on the historic structure and to allow the original proportions and character to remain prominent. o Locating an addition at the front of a structure is inappropriate. a Additional floor area may also be located under the building in a basement which will not alter the exterior mass o f a building. o Set back an addition from primary facades in order to allow the original proportions and character to remain prominent. A minimum setback o f 10 feet on primary structures is recommended. 3 ' 3 ,, Fl.44 ROD DYER - ARCMRECT )*4 " ~ 612 WEST MAIN STREET ~*2--3 ASPEN, COLORADO 81611 March 7,2006 Rod Dyer Rod Dyer - Architect 612 W. Main Street Aspen, Colorado 81611 Mrs. Amy Guthrie Senior Planner - Historic Preservation Community Development City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Re: 716 W. Francis Street, Aspen, Colorado 81611 Dear Amy, Please find, herein and attached, our request for a 5 foot rear yard setback variance for the above referenced property. Mr. Stephen Briggs wishes to remodel the interior of the existing residence to increase the number of bedrooms from three to five and reorganize existing interior spaces in a more convenient manner. The exterior of the structure will not be altered. The existing structure was remodeled to its present configuration in 1992-1993. On March 5,1993 a change order to the master permit was applied for, and approved, granting an additional 105 square feet of space in the master bathroom above the garage. In doing so the north wall above the garage was placed 5 feet from the rear property line instead of the required 10 feet. This change was approved by the staff Preservationist Kim Johnson and by the Zoning Officer Bill Dreuding and was subsequently built. A certificate of occupancy was issued on May 10, 1993. It appears that no variance was either applied for or granted for this intrusion into the rear yard setback. Mr. Briggs is in the process of purchasing the property from the previous owner and wishes to remove any cloud of non-conformity by requesting this variance. ARCHITECTURE CONSULTING ARCHITECTURE DESIGN 970/925-5689 PHONE & FAX dyerarch@rof.net .. Please let me know of any additional information or documents required. Sincerely, 4-kÂ»-_ Rod Dyer Rod Dyer - Architect 4.4 f g '., 2 - & :-7- 4.,f.. 9 '4 v. 0 .."0* 7 .UÂ¢*. ' 2 4~ Lk,1) f.' 4. I '6 6 . 4 't.. 1 2 4 6 -U .'I e , fi*, I. ...t . . -â€ž 28:/-1/m - Aia ..4. f r/14:41/ I. lu.6 A Il Ilmt li W ,1 2:7 jillil f I .i.....0 U.~4 1 1- k ' MAE;li....../ M , , . i./k ---/04'..Ill//1.~Ill. .-7.li~il"rat F...1 * i . T -1 Â¥ - 1--+2=Â·ej'...â€ž.~. .-/*: - 4/1./~1 1Â»Â¢Â»@W -J 0 lifree ire,-â€ž,- aa,=*~* 0 -s* ' . ~, ' - : I t. 4 P 7 & f. im#/ril//A 21> -1 1 f 1. . 4, 2. 1 , i *. 1/ 4 .62 . '. fal//4/11::Siu..1 , 21 - - -LI -~~!? 11 ' tâ€¢ lar 0 . STEVE BRIGGS P.O. 6965 SNOWMASS VILLAGE, COLORADO 81615 March 2,2006 City of Aspen Historic Preservation Committee 130 South Galena Street Aspen, CO 81611 Re: 716 West Francis Street ("Property") -Application for Variance - Applicant's and Representative's Contact Information and Authorization to Represent To whom it may concern, The following is the legal description, street address and parcel identification number of the Property for the Application for Variance: Legal Description: Lots N and O, and the West 15 feet of Lot P, Block 15 City and Townsite of Aspen, Pitkin County, Colorado Street Address: 716 West Francis Street, Aspen, Colorado 81611 Parcel I.D. No: 273512408003 The following are the names, addresses and telephone numbers for me, as the Applicant, and for the person I authorize to represent my interests with respect to the Application for Variance: Applicant: Steve Briggs P.O. Box 6965 Snowmass Village, CO 81615 Fax: 920-3781 Cell: 379-4800 Authorized Representative: Rodney O. Dyer Rod Dyer - Architect 612 West Main Street Aspen, CO 81611 Phone/Fax: (970) 925-5689 Cell: (970) 379-3519 Thank you for your cooperation in this matter. Sincerely, Steve Briggs U Applicant consent.wpd 07,MAIC /. 20060 9:4]AMO412:MASON MUKEE MANDARIN ORIENTAL REONE NO, 6998 P, 2002 .. CONSENT AND AUTHORIZATION TO PROCESS LAND USE APPLICATION Lots N and O, and the West 15 feet of Lot P, J31ock 15 City and Townsite of Aspen, Pitkin County, Colorado a/]Ua 716 West Francis Street, Ajpox Cololacto 81611 Parcel I.D. No: 273512408003 (the -Property') Joseph H. Bellina 2004 Living Trust No. 1, as tbe owner ofthe P roperly, hereby authorizes Steve Briggs, being the purchaser ofthe Property under that certain Cortract to Buy and Sell Real Estate Obsidential) dated December 06,2005 (the "Contract"), as countÂ®red and amended, to process an Application for Variance for rhe Property and ro obtain all necessary land use approvals rclared to the foregoing. This authority is subject to the terms of the Contract and the undersigned is itself in no way bound by the terms of any application or representations made and, intho c:vant that the Contract does not close, will not be bound by aoy approvals obtained, representatiols Inade or undertakings given. Dared: March 06,2006. Owners; JOSEPH H. BELLINA 2004 LIVING TRUST NO. 1 By--41,tut. 62-L: 0 1-1-B-LLsÂ« Deborah Selling Trustee 7300 Lakeshore Drive, Suite 26 New Orleans, LA 70124-2464 Phone: (504) 616-5035 Bc,Ing consent zi viri.nio App ror 131'66,Â·wpd Received Time Mar. 7 9:3]AM .. ALTA Commitment For Title Insurance Fidelity National Title Insurance Company AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3mFLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Vince Higens-vince@sopris.net TJ Davis-tjd@sopris.net Priscilla Prohl-priscilla@sopris.net Joy Higens-joy@sopris.net Brandi Jepson-brandi@sopris.net (Closing & Title Assistance) FIDELITY NATIONAL TITLE INSURANCE COMPANY ill" 1 idiliti National Tit!/ 1,19ulÂ·alice Compain : .791 i \..,0 k...W:Al.lue. SillÂ· 2,17{ b In,14Â·. CA "261Â·&6233 Ellilill .. ~1*J Commitment for Title Insurance Fidelity National Title Insurance Company A Stock Company COMMITMENT FOR TITLE INSURANCE FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the Proposed Imured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate within six (6) months after the ejfective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized o#icer or agent. IN WITNESS WHEREOF, Fidelity National Title Insurance Company has caused its corporate name and seal to be hereunto a#ixed and these presents to be signed in facsimile under authority of its by-laws on the date shown in Schedule A. FIDELITY NATIONAL TITLE INSURANCE COMPANY Ur.Â· 6<*4 ((*17 8.1~1& L li~SEAL, Al-181' P'Â¢44&111 Seerelary Countersigned: U.-6- Authorized Signature FORM 27-083-66 (10/03) ALTA COMMITMENT - 1966 .. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed oftrust, trust deed or other security instrument. 2. Ifthe Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. Ifthe Proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien or encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a part ofthis Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the Proposed Insured may have or may bring against the Company arising out of die status of the title to the estate or interest or (he status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. .. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: February 13,2006 at 8:00 AM Case No. PCT20313F3 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-Form 1992 Amount$ 3,000,000.00 Premium$ 2,722.00 Proposed Insured: Rate: Re-Issue STEVE BRIGGS (b) ALTA Loan Policy-Form 1992 Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (c) ALTA Loan Policy-Form 1992 Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: JOSEPH H. BELLINA 2004 LIVING TRUST NO.1 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOTS N and O, and the West 15 feet of Lot P, BLOCK 15, CITY AND TOWNSITE OF ASPEN. PIT'KIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid 970-925-1766 Phone/970-925-6527 Fax unless the Insuring 877-217--3158 Toll Free Provisions and Schedules A and B are attached. .. SCHEDULE B - SECTION 1 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 the, Deed of Trust from : JOSEPH H. BELLINA to the Public Trustee of the County of PITKIN for the use of : FIRST UNION NATIONAL BANK OF DELAWARE original amount : $852,500.00 dated : December 6,2001 recorded : December 12, 2001 reception no. :461700 2. Deed executed by the Trustees of the JOSEPH H. BELLINA 2004 LIVING TRUST NO.1 To: STEVE BRIGGS 3. Duly executed Statement of Authority for JOSEPH H. BELLINA 2004 LIVING TRUST NO. 1, a trust, disclosing the name of the trust, and the names and addresses of the trustees empowered to act pursuant to CRS 38-30-108.5. 4. Delivery to the Company of an executed copy of the Trust Agreement for JOSEPH H. BELLINA 2004 LIVING TRUST NO. 1 for inspection and approval prior to issuing any policies. Subject to any additional requirements deemed necessary by the Company upon review of said Trust Agreement. 5. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. 6. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 7. Completion of Form DR 1079 regarding the withholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Properly in the State of Colorado. (This instrument is not required to be recorded) 8. Evidence satisfactory to the Company that the Dedaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) SCHEDULE B SECTION 2 EXCEFrIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 295 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 8. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 11, Series of 1991 by City Council of Aspen recorded July 1, 1991 in Book 650 at Page 281. 9. Terms, conditions, provisions and obligations as set forth in Occupancy Deed Restriction recorded April 9, 1992 in Book 674 at Page 67. .. Land Use Application THE CITY OF ASPEN PROJECn Name: 8762 /Â£5*96 204/EENCE (â‚¬:PA-LÂ·(U A TES(OFENCEN Location: 7/40 \A/- 7 44-}46(â‚¬> ST. Aef~34 l Cd) <St <p l ( (Indicate street address, lot & block number or metes and bounds description of property) Parcel ID # (REQUIRED) 11 'bs I 24 08 00% APPLICANT: Narne: 12 0- 9109=eleki â‚¬22-C eta S Address: 426:0 e . 4-i.zs> f=:'16-1 +4 G -Â»tE . 461:ehi Â£ CO 2 1 Cpl l Phone #: 9%0 - 42>Ct> Fax#: E-mail: REPRESENTATIVE: Name: 2.Op Pâ‚¬152 Address: 4,12 W. Iv(Ac 14 9-U Aef=EDÂ·4 , (30 B f (2:~ 1 \ Phone #: 92 9 - 540 69 Fax#: E-mail: dyerarÂ© h a rof. plet TYPE OF APPLICATION: (please check all that apply): Historic Designation El Relocation (temporary, on or off-site) Certificate ofNo Negative Effect El Demolition (total demolition) Certificate of Appropriateness U Historic Landmark Lot Split -Minor Historic Development - VA 04 ANCE -Major Historic Development -Conceptual Historic Development -Final Historic Development -Substantial Amendment EXISTING CONDmONS: (description of existing buildings, uses, previous approvals, etc.) 7 #1(FÂ¥; 492*40*a l :P[ t-la LGE -pM [{.f Yee{PERE \\,//*m [7(0 APSÂ· AH D 99[(AL- 0,4*-4<02*UJ Â· fl2OFe grrY 19 +1-1Â«rogue 1.-4 9-reD PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 114 TeeÂ£062- 12-e+MÂ©El, 12) l,440f*EE. 14(-lt*Epeer of= 1&EUROOWS -Tb 5 4 Â»m-412Â£01*5 0 4. 40 Eyre{2100- ad-â€¢4*3Â»> WE Fla*tED- ummeÂ®umm .. February 17,2006 Rod Dyer 612 W. Main Street Aspen, CO 81611 THE CITY OF ASPEN Re: 716 W. Francis Street Dear Rod; The R-6 zone district requires homes to have a 10 foot rear yard setback, except garages and basements beneath garages, which can be within 5 feet of the rear lot line. It does not appear that the Aspen Historic Preservation Commission granted any rear yard setback variances when they approved the redevelopment of 716 W. Francis Street. It is my understanding that their approval included a garage with a 5 foot rear yard setback, and a master bedroom area above that with a 10 foot setback, as required. In 1993, a building permit was issued that allowed the master bedroom to be enlarged to match the garage footprint, but there is no record of HPC having granted a variance. This is a zoning violation that should be corrected either by removing the non- conforming construction or by receipt of a variance from HPC. We request that your client take one of these actions. Sincerely, Amy Guthrie Historic Preservation Officer .. Dimensional Requirements Form (Item #10 on the submittal requirements key. Not necessary for ali projects.) Project: 7/4 W. f=FA#4246 57. Â¥26ArÂ¢2 *420 ser- eACW- VABIENCE Applicant: M. B Â«re~EN *Gzldle' 5 Project Location: 7 / Ze W. riZA+60[S GT'. AÂ»Fe 04 Â£ CLO 8 l CPI { Zone District: 12-4 Lot Size: 7 Soo *.F. Lot Area: -\\600 6*V- (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: N /4 Proposed: 14,/A Number ofresidential units: Existing: l 1- 1 Mxt Proposed: I Number ofbedrooms: Existing: 5 Proposed: G Proposed % of demolition: 44/X DIMENSIONS: (write Wa where no requirement exists in the zone district) Floor Area: Existing: 3,63Â£3> Allowable: Bj44O Proposed: 3j *44, Height 4 Principal Bldg.: Existing: lk)- 4 Allowable: 25 ' Proposed:liS~- 4" Accessory Bldg.: Existing: 1 Z L 42 Allowable: Proposed: 12 L + q On-Site parking: Existing: D Required: 3 Proposed: 3 .l % Site coverage: Existing: 353 Required: 40% Proposed: 36 /0 % Open Space: Existing: Required: Proposed.- Front Setback: Existing: 0 l Required: (D' Proposed: IS' Rear Setback: Existing: 61/'12 Required: Gl/lot Proposed: 5'/â‚¬' 1 Combined Front/Rear: Indicate N. S. E. W Existing: Required: Proposed: Side Setback: e Existing. 6,-9 ' Required: 10' Proposed: 4.51 O 1; Side Setback: Â»/ Existing: 9.7 ~ Required: lb' Proposed: c./ Combined Sides: Existing: Required: Proposed: Distance between Existing: j.l /4 Required: 14 ,~Ar Proposed: 9.i ~/4 buildings: Existing non-conformities or encroachments and note if encroachment licenses have been issued: e.wir,â€¢42 1,1Â£ F:6000Â· W#sTEe MArtÂ·|- IEÂ¥:rerÂ·IPSâ€¢ Tb g' OF 12.2.* fÂ¢Â°f'~07Â¥ AN e Variations requested (identify the exact variances needed): 61 VAe/#2422 0,= Apees 9*20 0 / 4%< *Aâ‚¬* FOF- 6.*(47 IN61 1*Aâ‚¬rae p,A-rl+. .. FLOOR AREA SUMMARY EXISTINe ZONING R-6 EXISTING LOT AREA 7,500 S.F. ALLOIAIABLE FLOOR AREA 3,450 S.F. EXEMPT DECK AREA (3,450 x O.15) 517.5 S.F. EXEMPT GARAGE AREA 375.0 S.F. EXISTINS FLOOR AREA ADU DECKS UNIT UPPER LEVEL 180 5.F. 569.9 5.F. 1,2616.3 5.F. eRADE LEVEL 360 S.F. 0 5.F. 1,411.2 5.F. LOINER LEVEL 1,734.5 x O.OBS = 153 S.F. eARAaE 504.8 - (250 + 125) EXEMPT= 124.6 124.6 S.F. SUB-TOTAL AREA 540 5.F. 0 6.F. 2,qqO.3 S.F. EXISTING FAR 3,530.3 5.F. EXCESS FAR (EXCEEDS ALLOMABLE) 803 57. PROPOSED CHANSES TO FAR REMOVE LOFT -180.0 9.F. REMOVE MR. BEDROOM AREA -36.25 9.F. ADD MR. BEDROOM AREA +132.0 S.F. PROPOSED FAR 3,446.05 5.F. 130 S. Gaiena BUILDING PERMIT APPLIC General . + 12 Aspen, CO 81611 Construction ASE-_.4.eA-T-KiN REGIONAL BUILDING . .ATMENT Permit, 303/920-5440 /1 PITKIN COUNTY U CITY OF ASPEN;10 Applicant to complete numbered spaces only. No. ~ -313 JOBADDRESS EL 1. /11 \A,j . 82-Au Gis of - AspeÂ© CO. Ribil LEGAL LOT NO. UU ESP i 6' BLOCK TRACT OR SUBDIVISION ( E SEE ATTACHED SHEET) 04 2. DESC. U.D. oF: Lur- P i .S MAIL ADDRESS OWNER ZIP PHONE 41 6--.F#.cl- (DJL % fneS 72-6 -PA 'APLE./juj,9 ~0, ~cox 74 1 /952Â£54 916Â·1 2 ~ ~ ~ CONTRACTOR MAILADDRESS PHONE LICENSE NO. 5 4. 04.1,13 6{7 r ARCHITECT OR DESIGNER MAIL ADDRESS PHONE LICENSE NO. C~ ; 5. C.+4 08-Qi-_29:s ~9 kiNX,FiE /4.14-to'tic'tlk 670 6. 14vJ,11,34 u 919 6-sie *03Â© 3Â·4 ENGINEER MAIL ADDRESS PHONE LICENSE NO. 6. I 0,14 in AMANA# Got voyof.4-4 52. ija) O 2. Ct~4#3 Â£31.70,325 4 14.970 CLASS OF WORK. SQUARE FOOTAGE ' ZONING FEE +. CENSUS CODE --, 7. U NEW [3 ADDITION [3 ALTERATION O REPAIR n 2.-9/-- ''72 -=~~ *+L; A /i { .i_,i ) - 8. 1 1 / -r USE OF BUILDING PLAN CHECK FE~~0Â£< PERMIT FEE 1 K-1 - 3% USE TAX DEP 9 1 - 1-1 ... -6/ Al G L c f =>97Â°kl i c. Li Â£2--h JU-79. i. I -- VALUATION OFWORK Type of Construction Occupancy Group Lot Area Â·râ‚¬:ro. $ 0, OIJ) 0 L ~*UÂ« 2-3 Size No. of Stories Occ. Load 11. Remarks - _ (Total 758 n~C-* EN 6 6446 Ul. 20Â¥rk- 1-5 0(91*14<LE ,5hl-de- cÂ»40,271. 72-0 0 A NO. OF BEDROOMS Use Zone Fire Sprinkle,~ Required: Â»,th 6.13/91_- /0630 IC-*tr AIR Ag, fl /7 OYefy U - - No. of Dwelling Units OFFSTREET PARKING SPACES: Covered Uncovered i t.1 SPECIAL APPROVALS REQUIRED AUTHORIZED BY DATE 9 ic-= LÂ«-Â·UÂ»-- L--0~4- - ZONING ~RUEDIN@ ,Â©d/7 31.t 193 3-96< uÂ»X--. -3 ~ i lv H.RC. 1 Dil Â¢yL-VA,t-oÂ« 99Â© Fixture Count: A)/ c PARK DEDICATION H=.m% 14 Â£- p A) 3/ 1 373 a I A EPLACE PRESUBMI-131(~ APPLICATION ACCEPTED ~ ~Pl~CHECKED ~,020\,ED FOR ISSUANCE A)â‚¬ '*l LE J .44*42, 3.03 FIRE MARSHAL â‚¬ 1-9141-- FIYI 4 ./1, { i 9 SPAINKLER 4777//94'1 o.m f / /4/ 90 5- ./. ./3., V.r i '1 / -~ ~*6~1hz ~~ 4/~543 : WATER TAP Am~~Â£~1 #<4- ~I~kp NOTICE- OTHER SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, HEATING, VENTILATING OR AIR CONDITIONING. SELECTION OF METHOD FOR PAYMENT OF USE TAX THIS PERMIT BECOMES NULL AND VOID IFWORK OR CONSTRUCTION \_/ AUTHORIZED IS NOT COMMENCED WITHIN 120/180 DAYS, OR IF CON- â€ž10*IONTHLY USE OF QUARTERLY RETURNS WILL BE SUBMITTED. STRUCTION ORWORK IS SUSPENDED ORABANDONEDFORA PERIOD U DEPOSIT METHOD: 3% OF 25% OF PERMIT VALUATION PAID NOW OF 120/180 DAYS AT ANYTIME AFTER WORK IS COMMENCED. AT ISSUANCE. FINAL REPORT ON TOTAL ACTUAL MATERIALS 1 HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND COST MUST BE FILED WITHIN 90 DAYS AFTER COMPLETION OF KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WORK. GENERAL CONTRACTORS CHOOSING THIS METHOD WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT MUST REPORT AND REMIT TAX FOR ALL SUBCONTRACTORS PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF THAT DO NOT OBTAIN THEIR OWN PERMIT. ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PER- FORMANCE OF CONSTRUCTION. U EXEMPT: STATE & PITKIN COUNTY RESALE NO. Aol o-L- -glr )93 EXEMPT ORGANIZATION SIGNATURE OF CONTRACTOR OR AUTHORIZED AGENT (DATE) THIS FORM lS A PERMIT ONLY WHEN VALIDATED. WORK STARTED WITHOUT PERMIT WILL BE DOUBLE FEE SIGNATURE OF OWNER (IF OWNER BUILDER) (DATE) Zoning Validation Plan Check Validation Permit Validation 3% Use Tax Deposit Validation L 09 r---4 n - 1 4 ' L. 4,-"11 1 1 9 R i ,--I-- LI-.\ U -2 t=Â£wg~,2 WHITE-FILE COPY GREEN-FINANCE DEPT. PINK-BUILDING DEPARTMENT YELLOW-ASSESSOR GOLD--CUSTOMER +E-6 -111â‚¬Â«- -07 F j ~118 ssÂ·~* 413 -y:,Â·I ~:44 --: ..~ i.1..:t ~~t: -nÂ· '~'ti ..A Â·Â·â‚¬2 :*ar&:~- *fi# 7 ..-:.~ ft.:I".",~~. ~.,i. 9%33 L. ;if*,4,4- -- D 2 94â€¢.5 54'* 1* e ~ ~; :~ tip * 3 SA '94. /. a ; .~ 1 .it:Â·:Â· 9 23-7 -I'.3 . Â¢ertifirate of Â®fritprittfU . r. I ' C: 1 03:4 04: -â€¢. 4. ! 4 4-3 :- -â€¢Â· 6 ASPEN*PITKIN 43%.9 7,-2 24 6Â·Â·4< 4 3 4*44 44 4 -~~ - 3: REGIONAL BUILDING DEPARTMENT i;" 9 4- b'% ' PAÂ¥ 4 1:Â· >W'*c 4 - 1* e.g 1 This Certificate issued pursuant to the requirements of Section . 307 1 44:2 4 :. 8 kÂ·:rÂ·â€¢* 1 E.Ztb *4 - of the 1988 $ :*7. 1 Edition of the Uniform Buitding Code. It certifies that at the date of 8.14 c. 7% .... a. -4619 4 issuance, thestructureasdescribed below wasincompliance with thevarious resolutions ~4*- *j. 3(6Â·2Â« 2% and ordinances regulating building construction and use in this jurisdiction. F I , trÂ· . . 94Â·/ VA- 6 1 4 2,7 31 Use Classificgtion Single Family Residence Ridg Permit 1 -31 -1 3 :*...2 ->1 ':' 4'.p ... t-; lit Legal Description Lot N.0. west 15' of lof P, Rln,+ 19, A.p-n ~* *4-2 3 1 i 6*Â· 4% 1 31*.2 %4 58:.{ '%0 i Building Address 716 West Francis Street i. I. ./. 4%37'uMB iÂ¥ 41 a 0 ~ EÂ·-t-1. Owner- Addres P.O. 80+ 7861. Aspen. Colorado 81617 9 Aâ‚¬*. 21 : 4% Â¥â‚¬ 1: Group R-3/M- 1 Type Construction V-N Ilse Zone R-6 i :.0 J & :Â· 14; Ownerof Building Dr. and Mr,q. .Togeph Bellinm i. m . S *~'4. *g.~I Description: 4.555 square feet. One two car attprhed garager one entry d 12'* X.9 - 02 *it i fover. one bedroom. two 6111 baths, nne 3/4 hpt-h, nnâ€¢ Iritrhen, n,le i 9,031; :44(ip .â‚¬= 3 . 49*271 Â· 1 Eâ€¢* f '43, dining room, one living room. one office. one exercise room, two 3 9 ..eÂ®aP 4~ storage rooms. one laind ry room, onp mprhAn-frpl rwr,rn, one pantry. 4~'~~ 23:Â£ A 01 9 26;~1 and one wine room. i =672" 14 ** 2 323 square feet. Caretaker unit. One kitrhpn. nne f.11 Ant-b, onc ;)0*,4 $ Se... 1% ..% 3~~ i one living room, and one dinint room. 13. 4%. â€¢Ai -:4--iNâ‚¬ 25 3 Comments & Restrictions: Two fireplaces, fourth bay, #4044 Â¥ 6 iff" .A 42 .r - 4 Deed restricted A.D.U. Book 674. Paze 67. i b --: 'Li a Â¥24 9 1 * 4 . - P 1. 9% MP..5 M 2 *N e v. a *b W. 2 .a r .:IF 12,0.: .- A . 3 h 2 2 49Â·* Â·Â·. 292/1 1 0~ ,1 1'6<7& D=.107/L 43 V I =47'14 I .-/. : 2'512 Building Omcial -1 r 5 =gâ‚¬ < .: e 39.2 4% Â¥ ZU. t. 4~ fÂ¥'e j Note: In all occupancies, except R3, this certificate must be posted in a conspicuous place - im ..1 ve 9.\41% -.i? i near the main exit on the premises for which it is issued. Any alteration or use of these i w j '*T described premises or portion theieof without the written approval of Be Building Official shall 0, L 2 4 -9 4,2 2/.- W- 2."1114% * negate this CO. and subject it to mvocation. *.6 274 b-23 47%&1 ----Â·= " -- -~ -A=. aN i.* 0 7. 33741 7737/31**9 - r.Â·t:" 354*m; #0 \Up, '*f..."-le* -4-**3'.347*k.4 LipÂ» .ak/ .*- '*0" i,ES ~ t....:5%54-2 949 4*.:i':ff,9,120 '/-'14? 1\ 4244ib#"e'Ft %40>Â·444% rf irh 4.M n'?494744 .. FEES DUE: $ General Information Please check the appropriate boxes below and submit this page along with your application. This information will help us review your plans and, ifnecessary, coordinate with other agencies that may be involved. YES NO 0 7~4 Does the work you are planning include exterior work; including additions, demolitions, new construction, remodeling, rehabilitation or restoration? O Does the work you are planning include interior work; including remodeling, rehabilitation, or restoration? C] ~ Do you plan other future changes or improvements that could be reviewed at this time? O j< In addition to City of Aspen approval for a Certificate ofAppropriateness or No Negative Effect and a building permit, are you seeking to meet the Secretary of the Interior's Standardsjor Rehabilitation or restoration of a National Register of Historic Places property in order to qualify for state or federal tax credits? 0 ~l If yes, are you seeking federal rehabilitation investment tax credits in conjunction with this project? (Only income producing properties listed on the National Register are eligible. Owner-occupied residential properties are not.) O 0~ If yes, are you seeking the Colorado State Income Tax Credit for Historical Preservation? Please check all City of Aspen Historic Preservation Benefits which you plan to use: n Rehabilitation Loan Fund D Conservation Easement Program *Dimensional Variances O Increased Density m Historic Landmark Lot Split O Waiver of Park Dedication Fees O Conditional Uses 0 Exemption from Growth Management Quota System O Tax Credits . 0 . . - i~ , ,19 4..0.~elk-i.~~h.44 -UN~Â»..aA ~â€ž vv~j ~4 =.~ W;~~~UE~~.~~-~M-wâ€¢--4~â€¢N JJ=NbLU*~ t-4 -4-- i-0,4,---a-11-,-w~~â€¢4~U,0-~-,-~1-44 T . ~ ~ ~ A ALLEY BLOCA RED 2594 16 A ALLEY ENCROACHMENTS DRIVE ENCROACHFS ff. SHED ENCROACHES 0.2 PATIO ENCROACHES O.7 FENCE ENCROACHES AROUND SHED LEGEND AND NOTES 1--10 9.7 0, ' 0 RED 25947 O F0UND SURVEY MONUMENT AS DESCRIBED l 0. -- 18.3 2 09 0 10 20 r 64/ L WW WINDOW WELL 0 -- : 4 Q 00 /- b FENCE ON A SURVEY CONYTOL POINT. SPIKE OR ROUND HEAD 4 .3 3 li PROPERTY L I N~ O UTILITY BOX M 8 O LIGHT & li ~9.9 WATER VALVE 0, TITLE INFORMATION FURNISHED BY: PITKIN COUNTY TITLE. INC. 9.2 1 DECK o NUMBER: PCT 20313F w DATED. DECEMBER 23. 2006 l O / x FENCE 1 1/2 STORY ~ l HOUSE ~ THE PROPERTY DESCRIBED AND SHOWN ON THIS PLAT. CITY OF ASPEN. e SHOWN ON THE FEMA FLOOD INSURANCE RATE MAP OF ASPEN COLORADO PITKIN COUNTY COLORADO IS OUTSIDE THE 100 YEAR FLOOD PLAIN AS -716- / COMMUNITY NO. 080!43 0001 B. DATED DECEMBER 4. 1985. SNOW ON GROUND AT T \ME OP SURVEY 1 /06 9/ ~ POSTED ADDRESS: -716- 1 I-- 1 4.9 SLANTED TEXT DENOTES BUILDING TIE TO PROPERTY LINE 1 4 8 + 1 - 4 l / 14 1<7-- e.0 6.3 1 RE-BAR N l DECK 1 e CERTIFIED TO: DISTURBED STEVE BRIGGS / JOSEPH H. BELLINA 2004 LIVING TRUST NO. 1 PITKIN COUNTY TITLE. INC. 1 20 .1 .1 k & THE UNDERSIGNED STATES THAT THE rROPERTY DESCRIBED HEREON WAS FIELD SURVEYED DURj NG -3 AiÂ· .1 2006 AND IS ACCURATE ' -0 ~ BASED ON THE FIELD EVIDENCE AS SHOWN. AND THAT THERE ARE NO Z DISCREPANCIES OF RECORD. BOUNDARY LINE CONFLICTS. ENCROACHMENTS. 41 75. / EASEMENTS OR RIGHTS OF WAY IN FIELD EV 1 DENCE OR KNOWN TO ME . 09'11 EXCEPT AS HEREON SHOWN. UNDERGROUND UTILITIES WITH NO AOOVEGROUND o W APPURTENANCES. AND DOCUMENTS OF RECORD NOT SUPPLIED TO THE 50 i,Â·.Â·'Â·,auti lien 75.00 _ SURVE?OR ARE EXCEPTED. THIS SURVEY 13 VOID UNLESS WET STAMPED < W] TH THEÂ·,5&,11'1'047/,THE SURVEYOR BELOW. m z 0 DATEDKÂ¢~~ YELLOW 16129 ~ .~ , JolÂ·**Â¥ At~R~~2Â¥5 2425947 1__105.00- 1 ..1- /0 : r - -0 GRAVEL PARKING Â£ I , I 04.1 MAIL BOX L.~- 00.4 + EDGEOF-FAVERENT - ROUND HEAD . 0.- ... A- - CITY MONUMENT -S SE. BLK. COR. HORIZ. CONTROL - -- f 75 -fe BAS IS OF BEARI NGS \34- N - IMPROVEMENT SURVEY -- OF LOTS N AND 0. AND THE WEST 15 FEET OF LOT P. BLOCK 15. -7& ROUND HEAD CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN STATE OF COLORADO. CONTIANING: 7.500 SO. FT. +/- PREPARED BY ASPEN SURVEY ENGINEERS. INC. 210 SOUTH GALENA STREET â€¢ ASPEN. COLORADO 81611 PHONE/FAX (303) 925-3816 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN No EVENT MAY ANY ACTION DATE JOB BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFfCATION SHOWN HEREON. THE ~~~~~AT ION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE 2/06 21038 ........ DECK A A - ALLEY BLOCK 15 RED 2594 H S 75*09' 1 1-E A 00 ALLEY ENCROACHMENTS 75 DRIVE ENCROACHES ALLE125' / o SHED ENCROACHES 0.2 A; 1 PATIO ENCROACHES O.7 4/D INTO FENCE ENCROACHES .AROUND SHED LEGEND AND NOTES 1.-10 9.7 25.8 - px /'V*..Ine.Â·-- 06Â« 0 / 7'*4~* RED 25947 O F0UND SURVEY M0NUMENT AS DESCRIBED 3 16.3 0 10 20 WW WINDOW WELL M {4 1 / 4 18% of A SURVEY CONYTOL POINT. SPIKE OR ROUND HEAD 1 6 l IL-Â·Â·Â·-1 91 FENCE ON R PROPERTY LIN~ I UTILITY BOX / 5/5 ME k ~ O LIGHT Â® WATER VALVE : 4.3 9.9 ~ eÂ» TITLE INFORMATION FURNISHED BY: 92 PITKIN COUNTY TITLE. INC. DECK 0 ~ NUMBER: PCT20313F : ~ DATED: DECEMBER 23. 2006 1 - x FENCE 2 \/2 STORY t THE PROPERTY DESCRIBED AND SHOWN ON THIS PLAT. CITY OF ASPEN. PITKIN COUNTY COLORADO IS OUTSIDE THE 100 YEAR FLOOD PLAIN AS SHOWN ON THE FEMA FLOOD INSURANCE RATE MAP OF ASPEN COLORADO -716- COMMUNITY NO. 080143 0001 B. DATED DECEMBER 4. 1985. / SNOW ON GROUND AT TIME OF SURVEY 1 /06 412 POSTED ADDRESS: 716- 7/ 4 1 9 SLANTED TEXT DENOTES BUILDING TIE TO PROPERTY LINE 8 j 1 ifi l -.1 1 l 4 / // e.o -4-2 / RE-BAR b DISTURBED u ~ Â°~* / ~ CERTIFIED TO: STEVE BRIGGS ~ * ~ ~ JOSEPH H. BELL INA 2004 LIVING TRUST NO. 1 0 0 COUNTY TITLE. INC. THE UNDERSIGNED STATES THAT THE PROPEPTY DESCRIBED HEREON WAS FIELD SURVEYED DUR]NG_ JA).Â·J . 2006 AND IS ACCURATE -0 BASED ON THE FIELD EVIDENCE AS SHOWN. AND THAT THERE ARE NO - m ~ BASEMENTS OR RIGHTS OF WAY IN FIELD EV!D OR KNOWN TO ME. DISCREPANCIES OF RECORD. BOUNDARY L I NE CONEL I CTS. ENCROACHMENTS. Z o EXCEPT AS HEREON SHOWN. UNDERGROUND UT 11-|~S WITH NO ABOVEGROUND N 75*09'It -W 75.00 APPURTENANCES. AND DOCUMENTS OF RECORD NOT SUPPLIED TO THE P A.Qyd 1,23/:01,4 SURVEÂ¥OR ARE CEPTED. THIS SURVEY IS VOID UNLESS WET STAMPED 3,~ w i TH TH~*Al!~Wl@ME SURVEYOR BELOW. 0 DATEg~*~~2~3..Â« YELLOW i 6129 0. Jolj#96 14*Ntl P 15,4.425947 f -41 Â£,2 347 go- A 25. GRAVEL PARKING /05.00 4/1 MAIL BOX Â£1 EDGE OF PAVEME T ROUND HEAD --.N.*- --- CITY MONUMENT --- -4 SE. BLK. COR -- HORIZ, CONTROL WEST r- ~ ~ r< A-N C 1 8 --faÂ° 09'' STREET BASIS OF-BEARINGS IMPROVEMENT SURVEY OF LOTS N AND 0. AND THE WEST 15 FEET OF LOT P, BLOCK 15. -18 ROUND HEAD CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN STATE OF COLORADO. CONTIANING: 7.500 SO. FT, +/- PREPARED BY 1 ASPEN SURVEY ENGINEERS. Â·INC 210 SOUTH GALENA STREET ASPEN. COLORADO 81611 PHONE/FAX (303) 925-3816 NOT 1 CE : ACCORD t NG TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS 1 AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION i DATE JOB BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE 2 ~~~~AT ION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE 2/06 21038 1\ 4 14-50' 49-E 100.00 100.00 0 . Land Use Application RETAIN FOR PERMANENT RECORD THE CrrY OF ASPEN PROJECT: Name: 8712 /ZEKÂ» 0~0/nENCE ('â‚¬2Â¢40-1-4 UA Tes(OFEACE>h Location: 7/4 20 7(=AHÂ©lis STÂ· AefÂ»841 69 81(PLC (Indicate street address, lot & block number or metes and bounds description of property) Parcel ID # (REQUIRED) 11 '69 I'24 08 0,523 APPLICANT: Name: 4 2. 9-F#f:R--112 A -â‚¬3'0-( 674 5 Address: 06â‚¬3 6. lizs> FÂ¥- 1 +4 6 -,LVE . .68=~8 ht I CO B I e l l Phone #: 900 - 4%Â£C> Fax#: E-mail: REPRESENTATIVE: Name: 2-0 D 99122 Address: 6:, 1 Z W Ivt*c &4 61--: Ae:pehl. I CO 8 f 43 l \ Phone #: 92 6 - 54> 69 Fax#: E-mail: dwerdro h (BrOfÂ· Met TYPE oF APPLICATION: (please check all that apply): Historic Designation El Relocation (temporary, on or off-site) Certificate ofNo Negative Effect U Demolition (total demolition) Certificate ofAppropriateness U Historic Landmark Lot Split -Minor Historic Development - VA Fi A N ce -Major Historic Development -Conceptual Historic Development -Final Historic Development -Substantial Amendment EXISTING CONDITIONS: (description ofexisting buildings, uses, previous approvals, etc.) 0 #1025~ flaMel 0, t-la (.062 f':U ({.C'/ 069Â£PEÂ¢44123 \Â¥/474 [Pro AIPU, A-H D /9(-(AL- 9Â»0Â¢ANEAE. '712Â°fe UN \9 -Pt-191-0 0-( C LISTED PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 1 M TeC\,OU- 12.f-NODEL, -119 1 tiCA*EE MU MDEâ‚¬, of *EI:*2006,6 -72) â‚¬ 4 -Â»aT+truous -1-v *. 40 em-em-{0 0- NateheE> WE FLANMED- m El El cyÂ®m El El .. RETAIN FOR PERMANENT RECORD CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and 6-:71-3*4~0ht 4312]dE+6 (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for -11 * 0. f: 94.0-Le.(5 (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ *'624 00 which is for 3 , O hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: L.eÂ·- -Â»51.0 Chris Bendon - 60/ 07 \ Community Development Director Date: 3/7/04 . 1 Mailing Address: dix C i 6 9 GJLLJTH AS Q U, 1 UGe 4 ' ?1415 g:\support\forms\agrpayas.doc 1/10/01 .. February 17,2006 Rod Dyer 612 W. Main Street Aspen, CO 81611 THE CITY OF AspEN Re: 716 W. Francis Street Dear Rod; The R-6 zone district requires homes to have a 10 foot rear yard setback, except garages and basements beneath garages, which can be within 5 feet of the rear lot line. It does not appear that the Aspen Historic Preservation Commission granted any rear yard setback variances when they approved the redevelopment of 716 W. Francis Street. It is my understanding that their approval included a garage with a 5 foot rear yard setback, and a master bedroom area above that with a 10 foot setback, as required. In I 993, a building permit was issued that allowed the master bedroom to be enlarged to match the garage footprint, but there is no record of HPC having granted a variance. This is a zoning violation that should be corrected either by removing the non- conforming construction or by receipt of a variance from HPC. We request that your client take one of these actions. Sincerely, Amy Guthrie Historic Preservation Officer .. Dimensional Requirements Form (Item #10 on the submittal requirements key. Not necessary for all projects.) Project: 7 /4 W. EFANCIS 5-C Â¥26412 Y'AGZP â‚¬,er Â¢400- VA,2.lgENCE Applicant: hi (2 +Ce-~+6#4 12>1444 S Project Location: 7/4:'W. rPEA+60(S Â«r. A-Â·s.8204 1 6:3 8(4,1 C Zone District: 12-49 Lot Size: 3 5Â·00 4. p. Lot Area: 1,600 6.VÂ· (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: 14,/A Proposed: N,/A Number of residential units: Existing: l -r / Apu Proposed: 1 Number of bedrooms: Existing: 3 Proposed: G Proposed % of demolition: 14,/* DIMENSIONS: (write n/a where no requirement exists in the zone district) Floor Area: Existing: 3,6Â·9> Allowable: 3,440 Proposed: 3144* Height i .4 Principal Bldg.: Existing: L#)- 21' Allowable: 25' Proposed:ls<-4 " Accessory Bldg.: Existing: j Z'- 4. 4 Allowabi Proposed: 129.4,4 On-Site parking: Existing: D Required: 3 Proposed: 3 % Site coverage: Existing: 553> Required: 40% Proposed: 36 /0 % Open Space: Existing: Required: Proposed: Front Setback: Existing: 0 l Required: lo' Proposed: IS' Rear Setback: Existing: 6712 Required: 591(2 Proposed: 5'/12 Combined FronURear: Indicate N, S, E, W Existing: Required: Proposed: Side Setback: 8 Existing: 6.17 ' Required: 10~ Proposed: * . 6 ~ Side Setback: Â»/ Existing: 1.7 Required: 10' Proposed: 9.-1 ' Combined Sides: Existing: Required: Proposed: Distance between Existing: H /Ar- Required: 14 ~6- Proposed: 8/4 buildings: Existing non-conformities or encroachments and note if encroachment licenses have been issued: 8.+BT\#4 1'2 %60000 wbe-reeÂ· 16#rd- EKerÂ·196â€¢ 70 G' Of 12.2#,2. FÂ¢Â°FE011' 1-1 14% Variations requested (identify the exact variances needed): 6 ' VAQ-/ANcE 0/:r /2:GAW 4 #00 0 2 4*rr 91#ty. Fog- F.*14-r 1~461 1*A'4612- NA-rrk 0 . FLOOR AREA SUMMARY EXIDTING ZONINS R-6 EXISTING LOT AREA 7,500 S.F. ALLOINABLE FLOOR AREA 3,450 9.F. EXEMPT DECK AREA (3,450 x O.15) 517.5 5.F. EXEMPT SARAGE AREA 375.0 S.F. EXISTING FLOOR AREA ADU DECKS UNIT UPPER LEVEL 150 5.F. 3661.9 5.F. 42Â¢16.3 5.F. GRADE LEVEL 360 S.F. 0 5.F. 1,411.2 S.F. LOINER LEVEL 1,734.5 x 0.088 = 153 S.F. GARAGE 504.8 - (250 + 125) EXEMPT= 12q.8 12q.8 S.F. SUB-TOTAL AREA 540 5.F. 0 5.F. 2,qq0.3 5.F. EXISTING FAR 3,530.3 5.F. EXCESS FAR (EXCEEDS ALLOWABLE) 80.3 9.F. PROPOSED CHANSES TO FAR REMOVE LOFT -ISO.O S.F. REMOVE MR. BEDROOM AREA -36.25 5.F. ADD MR. BEDROOM AREA +132.0 5.F. PROPOSED FAR 3,446.05 S.F. no s. Gaiana BUILDING PERMIT APF~ V- -' General ** Aspen, CO 81611 Construction / 4W \ ASA_.4.Â«987-KiN REGIONAL BUILDING wa .Al-MENT Permit,/ 1 L i 303/920-5440 1 PITKIN COUNTY U CITY OF ASPENk- Applicant to complete numbered spaces only. No. ~ -3 13 JOB ADDRESS EL 1, / 1 1 4". 8-AN Ci 5 23 7. Asped (10. Ri 611 LEGAL LOT NO. 40 cEST- idi| BLOCK TRACT OR SUBDIVISION ( O SEE ATTACHED SHEET) DESC. 1 U.D. o i= ' .- 03 1 it> 2. OWNER MAILADDRESS ZIP PHONE t .- 41 6.-y>d- 1 3. 63-2 E f?\ 2,56 2 01,5PH 63-CL/,3,4 9.0, &* 74 1 /96224 9,61 2 CONTRACTOR ' MAIL ADDRESS PHONE LICENSE NO. 0-4- t.jib 2 ~R~ ~ ARCHITECT OR DESIGNER MAIL ADDRESS PHONE LICENSE NO. 1 . 5. CHARLE.5 CRt-4 6.iN\Ff=liE /42Â£--Al'tâ‚¬LcÂ·tÂ·n .620 6. N}VMA U 9Qg- Ers'ic, 4231 -34 ENGINEER MAILADDRESS PHONE LICENSE NO. 6. 1 0/lu MARGA102-8 (10,1 904 024Â·4 52. ija,J O,â‚¬l.6,9*3 Â£31.78,XY:j K /4-17.70 CLASS OF WORK. SQUARE FOOTAGE i ZONING FEE . ..Â·.. -CENSUS CODE : 7.0 NEW O ADDITION El ALIERATION El REPAIR n 8. .5.4- 4.,-012.2 -td A LI { i.1 t) . USE OF BUILDING PERMIT FEE '-â€¢ USE TAX DER PLAN CHECK FEE~K,/- 9.- f --59,11 , c u 4 - ~ ,. .5Â»4 1 ..Â£5--trK ~-Â·i,i------4 50 VALUATION OF WORK ~ Â· Type of Construction Occupancy Group Lot Area Â¢-320.$6, Goe -SE N , i Â« 1 -K L No. of Stories Occ. Load 11. Remarks (Total Sq ME -b Aic- E-4 .0 A-648 M 13 'M-:1 -to f,fiuARUE- :* Rker uu/)rÂ«. 710 0 A NO. OF BEDROOMS Use Zone Fire Sprinklers Required: e ,49 13 6<,Lity"i_. - /<0 39 69 0 TrIR- AC) 0// U Ye~3] tub '. 91.-_. -- - - No. of Dwelling Units / OFFSTREET PARKING SPACES: AC, Covered Uncovered \ SPECIAL APPROVALS REQUIRED AUTHORIZED BY DATE 9 \c-- 1Â«re- 4*Â» L-Â«1- ZONING DRUEDINg , A 4/7 3 1.t 193 3-g*< Lue-X---~ '3 1 L \ -11 < M~.j~Â£~z=*u-;. I I. H.RC, ihibrj Fixture Count:, Lc PARK DEDICATION 17 Ry J a) 1 le HEALTH DEPARTMENT f~~S A. FEEPLACE /i~>411 PRESUN-lt~- APPLICATION ACCEPTED ~ ~Â«raCHECKED ~@1>FIOVED FOR ISSUANCE 0149-- ~m~ -g~ 42.)!~90' BYA<72 /0~ FIRE MARSHAL D -1 - r -1 Â·': SPRINKLER , 2-4 1 , 0 NOTI OTHER < SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, HEATING, VENTILATING OR AIR CONDITIONING. SELECTION OF METHOD FOR PAYMENT OF USE TAX THIS PERMIT BECOMES NULL AND VOID IFWORK OR CONSTRUCTION 1-/ AUTHORIZED IS NOT COMMENCED WITHIN 120/180 DAYS, OR IF CON- ,>AMONTHLY USE OF QUARTERLY RETURNS WILL BE SUBMITTED. STRUCTION OR WORK IS SUSPENDED ORABANDONEDFORA PERIOD m DEPOSIT METHOD: 3% OF 25% OF PERMIT VALUATION PAID NOW OF 120/180 DAYS AT ANYTIME AFTER WORK IS COMMENCED. AT ISSUANCE. FINAL REPORT ON TOTAL ACTUAL MATERIALS 1 HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND COST MUST BE FILED WITHIN 90 DAYS AFTER COMPLETION OF KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WORK. GENERAL CONTRACTORS CHOOSING THIS METHOD WHETHER SPECIFIED HEREIN OR NOT THE GRANTING OF A PERMIT DOES NOT MUST REPORT AND REMIT TAX FOR ALL SUBCONTRACTORS PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF THAT DO NOT OBTAIN THEIR OWN PERMIT, ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PER- FORMANCE OF CON~TRUCTION. El EXEMPT: STATE & PITKIN COUNTY RESALE NO. 4â‚¬j23/7/~L-- -air)il EXEMPT ORGANIZATION SIGNATURE oF CONTRACTOR OA AUTHORIZED AGENT (DATE) THIS FORM iS A PERMIT ONLY WHEN VALIDATED. WORK STARTED WITHOUT PERMITWILL BE DOUBLE FEE SIGNATURE OF OWNER (IF OWNER BUILDER) (DATEE) Zoning Validation Plan Check Validation Permit Validation 3% Use Tax Deposit Validation 1-1 - L./ AFC-,00-359,e 41&1 j,1 6.-1 -70 L.J , i 3 0 j L.rn_\ U --7 WHITE-FILE COPY GREEN-FINANCE DEPT. PINK-BUILDING DEPARTMENT YELLOW-ASSESSOR GOLD-CUSTOMER -3 ) =11 -ijÂ«r--47 F-j 4-E-G - ...... 4-r #Se~,$4*U #~4,4*930/A42/*2:tyG9421; Â£74 ' EjaLL/-L- 404* fÂ·*. SÂ¥- .4.- - Â« 44 Â»ir.~. Pv- .64.44 55.Trt. 4,F *6 30&15*Ti- 4/GE .4-64*'.~Â·' 33 $44?.*~t'~ -5 a *'AY Â»:~~ Â·-- --Â· tilti -Â·-:CAÂ· Â·:, -: - .u. ;iiTiÂ¢-tÂ¢'13;I- bii: } e I I i:44 45Â·2>:. 4 1 8 .7.g 4 1 . Â¢ertifiratr of Â®rrupattrA FL 831* = - 1 8â‚¬4449 28: ' ....: r ASPEN*PITKIN ; k.>61 6* 9 i; 293Â· 44 ilt q REGIONAL BUILDING DEPARTMENT 2 9. 1 1 ..:. . 16 r :1,4.8 .: :, f . i C'. t= = 307 .,3% ~42 '91 40,3 4 This Certificate issued pursuant to the requirements of Section ff Â·*fi } 1 of the 1988 Edition of the Uniform Building Code. It certifies that at the date of issuance, thestructure as described below was in compliance with the various resolutions '+ .2 21* Â¥ 01 1 el %4*, ..3-1 and ordinances regulating building construction and use in this jurisdiction. 4 4ek:- 2 ... eDr.- f ..1 1-1,-Â·*1 I ' '. 61/ I .0 5 Let; 49 4 229,9 3 Use Classifiation Single Familv Residence Rkif Permit 1 -311 : -#4 *5 36Â·Â· i~-4 {~ Legal Description Lot N.O. west 15' of 1 nt P, Al nrlr 14, Astp n 5 3* %3 R- 9.62,4 2, . . . I A.ARWE *.4 -9 â‚¬ Building Address 716 West Francis Street i 22* %8 91 1 + Owner of Building Dr. and Mrm. .Tn.qpph RpllinA 2/<0* 4, 8 2 SWEE#*R $(90 Â·45 2 1 Owner Address P.O. Box 7861. Aspen. Colorado 81617 F .:24/'/4* 244 21 - -:2* 6-~ f Group R-3/M- 1 0 84 4Â¥ Type Construction V-N I ?sr Zone R-6 i -17944 034*2.3 Description: 4,555 square feet. One two car att-ached garager r,np FÂ·ntry ~:~4**0~ fever. one bedroom. two fl,11 hmt-hs, onp 9/4 h,â€¢rh, nne lr-lfrhAn nne i.?1** 44%5 4, ~ %8 1' - -.- -- -, dining room, one living room. one office. one exercise ronm, two J " Â·,~9*~282 4.085~ , 3: 1. .. dâ‚¬UÂ¢, ip Storafe rooms. one Zmmdry room, one mprhAnÂ·frAI rrwwn, one pantry. %, ~ *19 300-5 -' and one wine room. : 4*2 '4.4*.1- f Â¢2 6 9-*At. 2 7,44 29% 1*#aj~ 323 Square feet. Caretaker imit. One kit-rhpn, nne fl,11 h,th, onc *,y 11% - one living room, and one dining room. iE,45 4 i-~~a# - 0 -Â¥ 4kk 3 8 - Comments & Restrictions: Two fireplaces, fourth bay. #4044 imi#*e ~.C. , 42%#B 3 3 Deed restricted A. D.U. Book 674. raze 67. ,}"2%#t E 2-*C kk ..<IS TW: 1 '4% * :1 9 f:tiff 9.* 1 & t- 0.2 1?k~.5â‚¬ } #43964 1*,4 *99-Alâ€¢., DateÂ·. ~ O *7.. 43 I *ng..4, : 779 & /4 Building Omcid~ 1 76. 22 18/3 4.9 41(2 .53 = Note: In all occupancies, except 10, this certificate must be posted in g conspicuous place ~ P*f:* 14% s: ~034% _ i r near the main exit on the premises for which it is issued. Any alteration or use of these , Â·Â·lulr .....v.- %...., --wr 457-i:i,i; 0 described premises orporlion thereof without the written approval of the Building Official shall ~ ~~~~~fi n._ -exÂ· .ff:4.... neg= Bis CO. and subject it to revocation. t' 4* 5 ~ AttÂ»~1~ -4- 1&~*ti~:02,4 - - 160 *. ea,4:4/,60*,4:%*1'.-4,41 9 . -1 911'09*, ' 4*~ ;K* &,7 0,0 ~'.44* i#,9% .*,4 7 3 00 74 r .. 7,-â€¢Mi-â€¢,0.2,7,7,7,7,3/4.7,0.DA,94 7 7 , 4.9â€¢AN/M'WN/7/04 4 9/1 'Mt ...i=U '11 .. FEES DUE: $ General Information Please check the appropriate boxes below and submit this page along with your application. This information will help us review your plans and, if necessary, coordinate with other agencies that may be involved. YES NO 0 1~* Does the work you are planning include exterior work; including additions, demolitions, new construction, remodeling, rehabilitation or restoration? I~ Does the work you are planning include interior work; including remodeling, rehabilitation, or restoration? C] ~< Do you plan other future changes or improvements that could be reviewed at this time? E] ~< In addition to City of Aspen approval for a Certificate ofAppropriateness or No Negative Effect and a building permit, are you seeking to meet the Secretary of the Interior's Standards for Rehabilitation or restoration of a National Register of Historic Places property in order to quali fy for state or federal tax credits? lk[, If yes, are you seeking federal rehabilitation investment tax credits in conjunction with this project? (Only income producing properties listed on the National Register are eligible. Owner-occupied residential properties are not.) [3 ~ If yes, are you seeking the Colorado State Income Tax Credit for Historical Preservation? Please check all City of Aspen Historic Preservation Benefits which you plan to use: 0 Rehabilitation Loan Fund E] Conservation Easement Program *Dimensional Variances [3 Increased Density E] Historic Landmark Lot Split E] Waiver of Park Dedication Fees [3 Conditional Uses m Exemption from Growth Management Quota System U Tax Credits May, 8 2006 3:02PM ~IN COTE & EDWARDS LLC No.2509 P. 2 ASSIGNMENT AND ASSUMPTION AGREEMENT ASSIGNMENT For value received, I hereby assign to 716 West Francis LLC. a Colorado Limited liability company (the "LLC") all of my right, title and interest in and to the following: (1) Contract to Buy and Sell Real Estate, as countered and amended (the "Contract") for the property described as Lots N and O and the West 15 feet ofLot P, Block 15, City and Townsite ofAspen, and commonly known as 716 West Francis Street, Aspen, CO 81611, situated in the County of Pitkin, State of Colorado (the "Property") between tile Joseph H. Bellina 2004 Living Trust No. 1 ("Seller") and Steve Briggs ("Purchaser") and originally dated December 6.2005; and (2) Earnest Money paid under the Contract; and (3) Application for Valiance submitted to Aspen Community Development on March 7,2006. I agree that I shall remain liable for all of Purchaser's obligations under the Contract that arose prior to the execution o f this Assignment until such time as closing shall occur, and thereafter I shall have no further responsibility or obligation. 4 bokc Date Stef Briggs .1 . 9 ASSUMPTION For value received, the undersigned hereby assumes ali of the rights and obligations of Purchaser in and to the Contract for the purchase and sale of the Property, the Earnest Money and the Application for Variance and agrees to fulfill all such obligations in a timely manner. 716 WEST FRANCIS LLC, a Colorado limited liability company ,/12 r 9/ co/Â©C By. -, %---Wk-- --71/-=P --I- Date Steve Briggs'Manda,~ 4-00-06 By: , 2,2/ -'21'94/,9~ / Date Cecil'M. Hbi;~ln~94'Manager Hernandez.\714 W. Franci9 St-\Al,ign Contract 4 4 -'J '41Â·,4-b~WiW,2-r---- --- --1-,49/466<1---* M./Milly'Li#Li,gkjkt#/3 .1//** IM/"Im/1&3/Im:18"lil' lifeill'lliplill'll'll'll'll. 1.9, 1 -i % re tÂ· -*.4 A - / & 7-47 ~ik 9,0 - r a. + . f '1 ., 4.,r p -=.34 . r ''' . 11+ '.#,3 3 Ve Â·I 4 1 - 9 j. . 47 .2)4Â® - 14 0 t -1 -1 p f - . . a . . Â·fi .36 9- I 1 # F Ji... III - I R f f .* 2 . 11 I - S1 1 . . 1 ..A 1 .............................................AP .CS@ ..A . , '.1 lili. â€ž/ :0, 911 f.,Diai l= ...di.3 4. -~lu>P.:-< .. STEVE BRIGGS P.O. 6965 SNOWMASS VILLAGE, COLORADO 81615 March 2,2006 City of Aspen Historic Preservation Committee 130 South Galena Street Aspen, CO 81611 Re: 716 West Francis Street ("Property") -Application for Variance - Applicant's and Representative's Contact Information and Authorization to Represent To whom it may concern, The following is the legal description, street address and parcel identification number of the Property for the Application for Variance: Legal Description: Lots N and O, and the West 15 feet of Lot P, Block 15 City and Townsite of Aspen, Pitkin County, Colorado Street Address: 716 West Francis Street, Aspen, Colorado 81611 Parcel I.D. No: 273512408003 The following are the names, addresses and telephone numbers for me, as the Applicant, and for the person I authorize to represent my interests with respect to the Application for Variance: Applicant: Steve Briggs P.O. Box 6965 Snowmass Village, CO 81615 Fax: 920-3781 Cell: 379-4800 Authorized Representative: Rodney O. Dyer Rod Dyer - Architect 612 West Main Street Aspen, CO 81611 Phone/Fax: (970) 925-5689 Cell: (970) 379-3519 Thank you for your cooperation in this matter. Sincerely, 2-%- A V / , 1 7/ 1 ..\ Steve BriggszÂ¢/ / 1 Applicant consent.wpd 07,IVIAK. 6 209to 9:4]AM0412:MAOUN MUKEE MANDARIN ORIENTAL RHONE NO.6998 P, 2002 .. CONSENT AND AUTHORIZATION TO PROCESS LAND USE APPLICATION Lots N and O, end the West 15 feet of'Lot P, Block 15 City and Townsite of Aspen, Pitkin County, Colorado a/k/a 716 West Francis Street, Aspen, Colorado 81611 Parcel I.D. No: 273512408003 (the UProperty") Joseph H. Bellina 2004 Living Trust No. 1, as tbe owner ofthe F roperry, hereby authorizes Steve Briggs, being the purchaser ofthe Property under that certain Cortract to Buy and Sell Real Estate (.Residential) dated December 06,2005 (the "Contract"), as counlered and amended, to process an Application for Varlance for the Property and ro obtain all necessary land use approvals related to the foregoing. This authority is subject to the terms of the Contract and the undersigned is itself in no way bound by the terms of any application or representations made and, in thu 9:vent that the Contract does not cloge, will not be bound by aoy approvals obtained, representatiols made or undertakings given. Dated: March /6-, 2006. Owners; JOSEPH H. BELLINA 2004 LIVING TRUST NO. 1 0 , By:2 - '44 1 1 j 2.44. S~t-cUD Deborah Bellina, Trustee 7300 Lakeshore Drive, Suite 26 New Orleans, LA 70124-2464 Phone: (504) 616-5035 82111.0 consent te var,8,0 App Ar 011666.wpd Received Time Mar. 7. 9:3]AM ALTA Commitment For Title Insurance Fidelity National Title Insurance Company AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3mFLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Vince Higens-vince@sopris.net TJ Davis-tjd@sopris.net Priscilla Prohl-priscilla@sopris.net Joy Higens-joy@sopris.net Brandi Jepson-brandi@sopris.net (Closing & Title Assistance) FIDELITY NATIONAL TITLE INSURANCE COMPANY gililizill lidelit, National Title inNurance Compan, I Â»11 W Â·p kai m.u:.1.% enu.. Sim,Â· 4,0,1 Inme.('As,261 1-4253 .. '~ Commitment for Title Insurance Fidelity National Title Insurance Company A Stock Company COMMITMENT FOR TITLE INSURANCE FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereofÂ· This Commitment shall be e#ective only when the identity ofthe Proposed Insured and the amount ofthe policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate within six (6) months after the ejfective date hereof or when the policy or policies committed for shall issue, whichever jirst occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, Fidelity National Title Insurance Company has caused its corporate name and seal to be hereunto affixed and these presents to be signed in facsimile under authority of its by-laws on the date shown in Schedule A. FIDELITY NATIONAL TITLE INSURANCE COMPANY nu *(SEALU Piesidein ((*47 A.A~L, L 1~ \I-1 LS Lf Secretary Countersigned: Uwt Authorized Signature FORM 27-083-66 (10/03) ALTA COMMITMENT - 1966 .. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed oftrust, trust deed or other security instrument. 2. Ifthe Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the Proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien or encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 ofthese Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a part ofthis Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the Proposed Insured may have or may bring against the Company arising out of die status of the title to the estate or interest or (he status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions ofthis Commitment. .. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: February 13, 2006 at 8:00 AM Case No. PCT20313F3 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-Form 1992 Amount$ 3,000,000.00 Premium$ 2,722.00 Proposed Insured: Rate: Re-Issue STEVE BRIGGS (b) ALTA Loan Policy-Form 1992 Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (c) ALTA Loan Policy-Form 1992 Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: JOSEPH H. BELLINA 2004 LIVING TRUST NO.1 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOTS N and 0, and the West 15 feet of Lot P, BLOCK 15, CITY AND TOWNSITE OF ASPEN. PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid 970-925-1766 Phone/970-925-6527 Fax unless the Insuring 877-217-3158 Toll Free Provisions and Schedules A and B are attached. .. SCHEDULE B - SECTION 1 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 the, Deed of Trust from : JOSEPH H. BELLINA to the Public Trustee of the County of PITKIN for the use of : FIRST UNION NATIONAL BANK OF DELAWARE original amount $852,500.00 dated : December 6, 2001 recorded : December 12, 2001 reception no. :461700 2. Deed executed by the Trustees of the JOSEPH H. BELLINA 2004 LIVING TRUST NO. 1 To: STEVE BRIGGS 3. Duly executed Statement of Authority for JOSEPH H. BELLINA 2004 LIVING TRUST NO. 1,a trust, disclosing the name of the trust, and the names and addresses of the trustees empowered to act pursuant to CRS 38-30-108.5. 4. Delivery to the Company of an executed copy of the Trust Agreement for JOSEPH H. BELLINA 2004 LIVING TRUST NO. 1 for inspection and approval prior to issuing any policies. Subject to any additional requirements deemed necessary by the Company upon review of said Trust Agreement. 5. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. 6. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 7. Completion of Form DR 1079 regarding the withholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) 8. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) .. SCHEDULE B SECTION 2 EXCEFTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 295 providing as follows- "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 8. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 11, Series of 1991 by City Council of Aspen recorded July 1, 1991 in Book 650 at Page 281. 9. Terms, conditions, provisions and obligations as set forth in Occupancy Deed Restriction recorded April 9, 1992 in Book 674 at Page 67.