HomeMy WebLinkAboutFile Documents.219 E Durant Ave.0094.2018 (21).ACBK300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
April 24, 2019
Jessica Garrow
Community Development Department
130 S. Galena Street
Aspen, CO 81611
Re: Insubstantial Planned Development Amendment to the Dancing Bear Residences approval
and Insubstantial Amendment to a Commercial Design Review for 219 East Durant Avenue
Dear Jessica,
Please accept this request for an insubstantial planned development amendment for the ground
level commercial space at 219 East Durant Avenue, Unit C5 Mountain Side Bldg (PID # 2735-131-
06-005). The Chart House Lodge was approved by City Council via Ordinance No. 32 Series of
2005. The vested rights for the 2005 approval expired on June 30, 2014; therefore, this
amendment is subject to the review criteria and process in the current City of Aspen Land Use
Code.
Proposal
The proposed amendment is to shift an exterior door on the north façade toward the east in order
to meet secondary egress as required in the adopted International Building Code. The existing
door will be reused in the proposed location, and the void where the existing door is currently
located will be filled in with matching material.
Figure 1: Subject property and faced with proposed door change.
Page 2 of 5
DURANT AVE.
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Figure 2: Proposed door shift on Durant Avenue (north) façade.
Figure 3: Floor plan showing proposed change. The circle is the existing door shown in Figure 2 above, and the square indicated the proposed location of the door.
Page 3 of 5
There is a ten feet setback between the building and the property line along Durant Avenue as
shown on the recorded condominium plat included as Exhibit H. The proposed door will not swing
into the Right of Way or over the property line and will access the existing walkway shown in Figure
3.
Review Criteria
26.445.100. Amendments. Amendments to an approved Project Review or to an approved
Detailed Review shall be reviewed according to the standards and procedures outline below.
Amendments to Planned Unit Development and Specially Planned Area approvals (pre-Ordinance
36, 2013) shall also proceed according to the standards and procedures outline below and the
Community Development Director shall determine the type of procedure most applicable to the
requested amendment.
A. Insubstantial Amendments. An insubstantial amendment to an approved Project Review or an
approved Detailed Review may be authorized by the Community Development Director. An
insubstantial amendment shall meet the following criteria:
1.The request does not change the use or character of the development.
Response – The use and character of the development is not proposed to change. A door is
proposed to be relocated within the same façade, and the void created by moving the door will
be filled in with in-kind material that matches existing.
2.The request is consistent with the conditions and representations in the project’s
original approval, or otherwise represents and insubstantial change.
Response – The door change is consistent with the conditions and representations in the project’s
original approval and subsequently approved amendments.
3.The request does not require granting a variation from the project’s allowed use(s) and
does not request an increase in the allowed height or floor area.
Response – A variation is not required; height and floor area are unchanged in the proposal.
4.Any proposed changes to the approved dimensional requirements are limited to a
technical nature, respond to a design parameter that could not have been foreseen during
the Project Review approval, are within dimensional tolerances stated in the Project
Review, or otherwise represents an insubstantial change.
Response – Dimensional requirements are not proposed to change with the proposed relocation
of an existing door.
5.An applicant may not apply for Detailed Review if an amendment is pending.
Response – Not applicable.
Page 4 of 5
26.412.090.A Insubstantial amendment.
1.Planning and Zoning Commission reviews. An insubstantial amendment to a Commercial
Design Review approval originally granted by the Planning and Zoning Commission may be
authorized by the Community Development Director if:
a)The change is in conformance with the Commercial, Lodging and Historic District Design
Standards and Guidelines, the change represents a minimal effect on the aesthetics of the
proposed development, or the change is consistent with representations made during the
original review concerning potential changes of the development proposal considered
appropriate by the decision making body; and
b)The change requires no other land use review action by the Planning and Zoning
Commission.
Response – There are a limited number of Commercial Design Standards and Guidelines that
address streel level design and entrances. As noted below, the proposed door relocation
conforms with the applicable Standards and Guidelines. No other land use action is required by
the Planning and Zoning Commission for this request.
1.14 Commercial entrances shall be at the sidewalk level and oriented to the street.
The primary commercial entrance at the corner of Durant and Monarch is unchanged. The
proposed door relocation is oriented to the street. Grades and sidewalk level are not proposed
to change.
1.16 Entries that are significantly taller or shorter than those seen historically or that
conflict with the established scale are highly discouraged.
The height of the relocated door matches the heights of doors along the street facing façade.
The existing door is to be reused in the proposed new location.
1.23 Building materials shall have these features:
•Convey the quality and range of materials found in the current block content or seen
historically in the Character Area.
•Convey pedestrian scale.
•Enhance visual interest through texture, application, and/or dimension.
•Be non-reflective. Shiny or glossy materials are not appropriate as a primary
material.
•Have proven durability and weathering characteristics within Aspen’s climate.
•A material with an integral color shall be a neutral color. Some variation is allowed
for secondary materials.
The proposed building material to fill in the void where the current door is located will match
the existing stone on the building in a pattern that matches existing.
Page 5 of 5
Thank you for reviewing the proposed Insubstantial PD Amendment and Insubstantial Commercial
Design Standards to relocate the existing door on the north façade of the Dancing Bear
Mountainside Building in order to meet Building Code requirements for secondary egress
associated with the proposed interior remodel of ground floor the commercial space. I am happy
to provide more information as needed or to arrange a site visit.
Sincerely,
Sara Adams, AICP
sara@bendonadams.com
970-925-2855
Exhibits
A – Land Use Application
B – Agreement to Pay
C – Pre-application summary
D – Proof of ownership
E – HOA form
F – Authorization to represent
G – Vicinity map
H – Excerpts from recorded condominium plat
I - Proposed floor plan
219 East Durant Ave., Aspen, CO 81611Dancing Bear Residences Aspen, Unit C5 Mountain Side Bldg.
2735-131-06-005
Sara Adams of BendonAdams
300 S. Spring St., Suite 202, Aspen, CO 81611
970-925-2855 sara@bendonadams.com
Existing commercial space. Proposal to shift and existing door on the north elevation to the east in order to meet secondary egress requriements as per the Building Code.
insubstantial amendment to planned development
1300
Chart House Project Owner LLC, Dancing Bear Residences Ownership Association
219 East Durant Ave., Aspen, CO 81611
exhibit A
Chart House Project Owner LLC, represented by BendonAdams
Lodge/PD
219 East Durant Ave., Aspen, CO 81611Dancing Bear Residences Aspen, Unit C5 Mountain Side Bldg.
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ASLU Insubstantial PD Amendment South Aspen Townhomes Subdivision & PUD 1
CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Jennifer Phelan, 429-2759 DATE: April 18, 2019 PROJECT: 215 E. Durant Ave., Dancing Bear (Mountainside) –Planned Development, Insubstantial Amendment REPRESENTATIVE: Sara Adams, BendonAdams
DESCRIPTION: The Applicant would like to reconfigure the location of an exit door on the south (Dean) side of the building. As a Planned Development (PD), Dancing Bear is subject to review standards set out in Section 26.445.110, the applicant’s application will be subject to 26.445.110A, an Insubstantial Amendment which may be authorized by the Community Development Director. Commercial Design Review (general standards) also applies.
Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: https://www.cityofaspen.com/DocumentCenter/View/1835/Land-Use-Application-Packet-2017
Land Use Code: https://www.cityofaspen.com/191/Municipal-Code
Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445.110A Insubstantial PD Amendments 26.412.090A.3 Administrative Review
Review by: Staff for complete application Staff for administrative review
Public Hearing: N/A
Planning Fees: Planning Deposit: Administrative Review, $1,300 for 4 hours (additional planning hours over deposit amount are billed at a rate of $325/hour)
Referral Fees: N/A
Total Deposit: $1,300
To apply, submit the following information:
Completed Land Use Application and signed fee agreement.
Pre-application Conference Summary (this document).
Street address and legal description of the parcel on which development is proposed to occur,consisting of a current certificate from a title insurance company, an ownership and encumbrancereport, or attorney licensed to practice in the State of Colorado, listing the names of all owners of theproperty, and all mortgages, judgments, liens, easements, contracts and agreements affecting theparcel, and demonstrating the owner’s right to apply for the Development Application.
exhibit C
2
Applicant’s name, address and telephone number in a letter signed by the applicant that states thename, address and telephone number of the representative authorized to act on behalf of the applicant.
A written description of the proposal and an explanation in written, graphic, or model form of how theproposed development complies with the review standards relevant to the development applicationand relevant land use approvals associated with the property.
The site improvement survey requirement is waived. Please submit a condo plat showing the site.
Written responses to all review criteria.
1 Complete Copy. If the copy is deemed complete by staff, the following items will then needto be submitted:
1 additional copy of the complete application packet.
A digital copy of the application provided in pdf file format.
Total deposit for review of the application.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right.
From:Teddy Farrell
To:Sara Adams
Subject:Fwd: TBD Report (219 E DURANT AVE # C5)(Our 62010336)
Date:Tuesday, April 23, 2019 4:55:28 PM
See below Sara. Hopefully this works!
Begin forwarded message:
From: <valleyresponse@ltgc.com>Date: April 23, 2019 at 4:53:01 PM MDTTo: <ssemple@garfieldhecht.com>, <tfarrell@sunriseco.com>Subject: TBD Report (219 E DURANT AVE # C5)(Our 62010336)
Your Documents from Land Title
Invoice
TBD Report
All documents as one PDF
Land Title Guarantee
Company
Customer Distribution
PREVENT FRAUD - Please remember to call a
member of our closing team when initiating a
wire transfer or providing wiring instructions.
Order Number:QPR62010336 Date: 04/23/2019
Property Address:219 E DURANT AVE # C5, ASPEN, CO 81611
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FORWIRE TRANSFER INSTRUCTIONS
For Closing Assistance For Title AssistanceRoaring Fork Valley Title
Team
exhibit D
533 E HOPKINS #102ASPEN, CO 81611(970)927-0405 (Work)
(970)925-0610 (Work Fax)valleyresponse@ltgc.com
Buyer/BorrowerCHART HOUSE PROJECT
OWNER LLC
Attention: TEDDY FARRELL
115 BOOMERANG RD # 5201BASPEN, CO 81611
tfarrell@sunriseco.com
Delivered via: Electronic Mail
Attorney for SellerGARFIELD & HECHT PC
Attention: SASHA SEMPLE
625 E HYMAN AVE #201
ASPEN, CO 81611(970)925-1936 (Work)
(970)925-3008 (Work Fax)
ssemple@garfieldhecht.comDelivered via: Electronic Mail
Order Number:QPR62010336 Date: 04/23/2019
Property Address:219 E DURANT AVE # C5, ASPEN, CO 81611
Vesting Deeds:
Plat Map(s):
Land Title Guarantee Company
TBD Report
Order Number: QPR62010336
This report is neither a commitment to insure, nor an abstract of title. This productmay not conform to the written standards and practices of our underwriters and the
Company reserves the right to set further requirements and/or exceptions should a
full title commitment be ordered in the future. The liability of the Company shall notexceed the charge paid by the applicant for this report, nor shall the Company beheld liable to any party other than the applicant for this report.
Certification Date:
Pitkin county recorded 03/01/2012 under reception no. 587132(I)
Pitkin county recorded 09/19/2016 at book 115 page 64(I)
Pitkin county recorded 11/19/2014 under reception no. 615516(I)
Pitkin county recorded 05/20/2016 under reception no. 629496(I)
04/05/2019 at 5:00 P.M.
Address:
219 E DURANT AVE # C5, ASPEN, CO 81611
Legal Description:
PARCEL A UNIT C5, MOUNTAIN SIDE BUILDING,
DANCING BEAR RESIDENCES ASPEN, ACCORDING TO THE AMENDED AND
RESTATED CONDOMINIUM MAP RECORDED SEPTEMBER 19, 2016 IN PLAT BOOK115 AT PAGE 64 AND AS DEFINED AND DESCRIBED IN THE AMENDED ANDRESTATED CONDOMINIUM DECLARATION RECORDED SEPTEMBER 19, 2016
UNDER RECEPTION NO. 632277, TOGETHER WITH THE EXCLUSIVE RIGHT TO
POSSESSION AND OCCUPANCY OF A COMPARABLE RESIDENCE DURING THERESIDENCE WEEKS RESERVED BY THE OWNER PURSUANT TO THE AMENDED
AND RESTATED RULES, REGULATIONS AND RESERVATION PROCEDURES
RECORDED SEPTEMBER 21, 2016 UNDER RECEPTION NO. 632372 AND
AGREEMENT RECORDED OCTOBER 26, 2016 AS RECEPTION NO. 633316.
COUNTY OF PITKIN,STATE OF COLORADO.
PARCEL B
TOGETHER WITH A TUNNEL EASEMENT RECORDED NOVEMBER 19, 2014 AS
RECEPTION NO. 615516 AND FIRST AMENDMENT RECORDED MAY 20, 2016 ASRECEPTION NO. 629496.
COUNTY OF PITKIN, STATE OF COLORADO.
Ownership:
CHART HOUSE PROJECT OWNER, LLC, A DELAWARE LIMITED LIABILITY
COMPANY
The following will be required should the Company be requested to issue a futurecommitment to insure:
1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS,CONDITIONS AND PROVISIONS OF THE CITY OF ASPEN TRANSFER TAX
HAVE BEEN SATISFIED.
2. SPECIAL WARRANTY DEED FROM CHART HOUSE PROJECT OWNER, LLC, ADELAWARE LIMITED LIABILITY COMPANY TO TO BE DETERMINEDCONVEYING SUBJECT PROPERTY.
3. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED INSTATEMENT OF AUTHORITY FOR CHART HOUSE PROJECT OWNER, LLC, ADELAWARE LIMITED LIABILITY COMPANY RECORDED OCTOBER 03, 2016 AT
RECEPTION NO. 632666 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES
RANDALL BONE AND/OR DIRK GOSDA AS THE MANAGERS FOR DB ASPENMANAGERS, LLC, AS AUTHORIZED AGENT TO EXECUTE INSTRUMENTSCONVEYING, ENCUMBERING OF OR OTHERWISE AFFECTING TITLE TO REAL
PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT
ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED.
NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY
WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT.
COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECTTO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REALESTATE AND ANY AMENDMENTS THERETO.
We find the following documents of record affecting subject property:
1.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE
AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES
PATENT RECORDED AUGUST 26, 1949 IN BOOK 175 AT PAGE 298.
2.RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE
HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR
INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT
RECORDED AUGUST 26, 1949 IN BOOK 175 AT PAGE 298.
3.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR
REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS,
IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUALORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY,
HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS
SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE
EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BYAPPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED MARCH 16,
1987, IN BOOK 531 AT PAGE 345.
NOTE: THE ABOVE EXCEPTION MAY BE DELETED UPON RESOLUTION OFTHE CITY OF ASPEN EVIDENCING WAIVER OR RELEASE, AS PROVIDED
FOR THEREIN.
4.TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 48 (SERIES2003) APPROVING A SUBDIVISION EXEMPTION LOT SPLIT FOR LOTS 1 AND2 OF THE PROPERTY TO BE KNOWN AND DEDICATED AS THE CHART
HOUSE LOT SPLIT RECORDED NOVEMBER 06, 2003 AT RECEPTION NO.490830.
5.TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 32 APPROVING
THE CHART HOUSE LODGE FINAL PLANNED UNIT DEVELOPMENT
RECORDED OCTOBER 11, 2005 AT RECEPTION NO. 516050.
6.EASEMENTS, RIGHTS OF WAY, AND ALL OTHER MATTERS AS SHOWN ON
THE FINAL PUD AND SUBDIVISION PLAT OF THE CHART HOUSE LODGE
RECORDED FEBRUARY 17, 2006 UNDER RECEPTION NO. 520960.
7.EASEMENTS, RIGHTS OF WAY, AND ALL OTHER MATTERS AS SHOWN ON
THE AMENDED AND RESTATED CONDOMINIUM MAP OF THE DANCING
BEAR RESIDENCES ASPEN RECORDED SEPTEMBER 19, 2016 IN PLATBOOK 115 AT PAGE 64.
8.CONDOMINIUM DECLARATION FOR DANCING BEAR RESIDENCES ASPEN,
WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT
OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPONRACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS,
MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY,
OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE ORFEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT ORRESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN
AMENDED AND RESTATED CONDOMINIUM DECLARATION RECORDED
SEPTEMBER 19, 2016, UNDER RECEPTION NO. 632277.
9.TERMS, CONDITIONS AND PROVISIONS OF PUD AGREEMENT RECORDED
FEBRUARY 17, 2006 AT RECEPTION NO. 520961 AND AMENDMENT TO PUD
AGREEMENT RECORDED JUNE 30, 2011 UNDER RECEPTION NO. 580889AND SECOND AMENDMENT TO PUD AGREEMENT RECORDED DECEMBER1, 2014 AS RECEPTION NO. 615709 AND INSUBSTANTIAL PUD AMENDMENT
RECORDED MAY 22, 2015 AS RECEPTION NO. 620089 AND INSUBSTANTIAL
PUD AMENDMENT RECORDED OCTOBER 14, 2015 AS RECEPTION NO.624103.
10. TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT LICENSE
AGREEMENT RECORDED JUNE 11, 2007 AT RECEPTION NO. 538776.
11. TERMS, CONDITIONS AND PROVISIONS OF SUCCESSOR DECLARANTSTATEMENT RECORDED AUGUST 01, 2011 AT RECEPTION NO. 581564 AND
AMENDED AND RESTATED SUCCESSOR DECLARANT STATEMENT
RECORDED FEBRUARY 1, 2012 UNDER RECEPTION NO. 586367 ANDASSIGNMENT OF DECLARANT RIGHTS RECORDED MARCH 1, 2012 UNDER
RECEPTION NO. 587133 AND PARTIAL ASSIGNMENT AND ASSUMPTION OF
DECLARANT RIGHTS RECORDED SEPTEMBER 12, 2016 UNDER RECEPTIONNO. 632140.
12. TERMS, CONDITIONS AND PROVISIONS OF REVOCABLE ENCROACHMENT
LICENSE APPLICATION RECORDED JANUARY 16, 2013 AT RECEPTION NO.596212.
13. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF ORDINANCE OF
THE CITY OF ASPEN, NO. 20, SERIES OF 2014 RECORDED SEPTEMBER 15,
2014 AS RECEPTION NO. 613528 AND RERECORDED SEPTEMBER 15, 2014AS RECEPTION NO. 613530 AND RERECORDED JANUARY 29, 2015 ASRECEPTION NO. 617006.
14. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF TUNNELEASEMENT RECORDED NOVEMBER 19, 2014 AS RECEPTION NO. 615516AND FIRST AMENDMENT RECORDED MAY 20, 2016 AS RECEPTION NO.
629496.
15. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF NOTICE OFAPPROVAL FROM THE CITY OF ASPEN RECORDED NOVEMBER 21, 2014 AS
RECEPTION NO. 615603.
16. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF TRENCH,CONDUIT AND VAULT AGREEMENT WITH HOLY CROSS ENERGY
RECORDED AUGUST 7, 2015 AS RECEPTION NO. 622248.
17. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RIGHT OF WAYAGREEMENT RECORDED AUGUST 7, 2015 AS RECEPTION NO. 622250 ANDRERECORDED MAY 17, 2016 AS RECEPTION NO. 629409.
18. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OFENCROACHMENT AGREEMENT RECORDED JUNE 9, 2016 AS RECEPTIONNO. 629868.
19. TERMS, CONDITIONS AND PROVISIONS OF AMENDED AND RESTATEDRULES, REGULATIONS AND RESERVATION PROCEDURES RECORDEDSEPTEMBER 21, 2016 UNDER RECEPTION NO. 632372 AND FIRST
AMENDMENT RECORDED SEPTEMBER 25, 2017 AS RECEPTION NO. 641719.
20. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF AGREEMENTRECORDED SEPTEMBER 19, 2017 AS RECEPTION NO. 641548.
Valley Response response
Land Title Guarantee Companyvalleyresponse@ltgc.com
www.ltgc.com
These images are provided for informational purposes only. They are not guaranteed as to availability or quality.
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template: commitment.html 08/2016
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219 E. Durant Ave. Vicinity Map
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS,
Urban Growth Boundary (UGB)
Emissions Inventory Boundary (EIB)
City of Aspen
Historic Sites
Historic Districts
Parcel Boundary
Zone Overlay
LP PD
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LP
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Zoning
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(E) TRASH ROOM
ACCESS
(E) CAR LIFT
ACCESS
(E) RESIDENCE
ACCESS
LIMIT OF
SCOPE OF WORK
05 06
07
04
10
Sheet:
Drawing Title:
Date:
Project No:
Drawn by:
Checked by:
C 2018/2019 PIERCE FRYE ARCHITECTS
Issue Date:
Tel: 970.949.0899
Vail Office
Tel: 415.392.4433
San Francisco Office
www.PierceFrye.com
info@PierceFrye.com
TF
AP/TF
March 16, 2018
24437.00
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exhibit I