HomeMy WebLinkAbout74 FiveTrees Landuse Application10-18-2374 Five Trees Lane, Moore Family PD Insubstantial PD Amendment
Parcel ID # 273514111128
18 October 2023
DATE: October 18, 2023
PLANNER: Sophie Varga, 970‐429‐2778
PROJECT: 74 Five Trees Lane, Moore Family PD – Insubstantial PD Amendment
REPRESENTATIVE: Jennifer Dolecki‐Smith, Escape Garden Design, LLC
Dear Sophie,
The owner at 74 Five Trees Lane would like to request approval for a building envelope change
on Lot 28, 74 FiveTrees Lane. We are asking for an Insubstantial PD Amendment to the
building envelope to incorporate permeable pavers and pool associated cameras and vents
within the building envelope. No additional square footage is being requested. We are re
allocating unused square footage. Please see attached drawings and information.
Regards,
Jennifer Dolecki-Smith
Escape Garden Design
312-E AABC
Aspen, Co 81611
Attachments:
1. Land Use Application
2. Signed Fee Agreement
3. Pre Application Conference Summary
4. Street Address and Legal Description/Proof Of Ownership
5. Authorization
6. HOA Compliance Policy Form
7. HOA Letters – Original Letter and Building Envelope Change Letter with associated plans
8. Description
9. Vicinity Map
10. Land Use Responses
11. Survey
12. Draft Plat
LAND USE APPLICATION
Project Narne and Address:74 FIVETREES LANE ASPEN, CO 81611
Parcel ID # (REQUIRED) 273514111128
LICANT:
Name: RUSSELLGOLDSMITH
Address: 74 FIVETREES LANE ASPEN, CO 81611
Phone 4:31 0-993-4828 email. rgoldsmithl4@gmaii.com
REPRESENTIVATIVE:
Name: JENNIFER DOLECKI-SMITH (ESCAPE GARDEN DESIGN)
Address.312-E AABC ASPEN, CO 81611
Phone#: 970-920-3700 email; JFNNIFER@ESCAPEGARDENOESIGN.CDM
Description: Existing and Proposed Conditions
MODIFICATION OF BUILDING ENVELOPE TO ACCOMODATE PERVIOUS PAVERS AND VENTS
Review: Administrative or Board Review
PD Insubstantial Amendment
Required Land Use Review(s):
PD Insubstantial Amendment
Growth Management Quota System (GMQS) required fields:
Net Leasable square footage N/A Lodge Pillows N/A Free Market dwelling units NIA
Affordable Housing dwelling units N/A Essential Public Facility square footage NIA
Have you included the following? FEES DUE: $ 2,275.00
✓ Pre -Application Conference Summary
✓ Signed Fee Agreement
✓ HOA Compliance form
F✓ All items listed in checklist on PreApplication Conference Summary
April 2020 City of Aspen 1130 S. Galena St. 1 (970) 920 5090
DIMENSIONAL REQUIREMENTS FORM
Complete only if required by the PreApplication checklist
Project and Location N/A
Applicant: N/A
Zone District:. N/A
Gross Lot Area: N/A Net Lot Area: N/A
*Please refer to
section 26.575.020 for information on how to calculate
Net Lot Area
Please fill out all relevant dimensions
Single Family and Duplex Residential
Multi -family Residential
1) Floor Area (square feet)
Existing „Allowed
,Proposed
Existing Allowed Proposed
N/A
1) Number of Units
N/A
2) Maximum Height
N/A
2) Parcel Density (see 26.710.090.C.10)
3) Front Setback
NIA
3) FAR (Floor Area Ratio)
N/A
4) Rear Setback
N/A
NIA
4) Floor Area (square feet)
5) Side Setbacks
N/A
5) Maximum Height
N/A
6) Combined Side Setbacks
N/A
6) Front Setback
N/A
7) % Site Coverage
N/A
7) Rear Setback
N/A
8) Minimum distance between buildings N/A
8) Side Setbacks
N/A
Proposed % ofdemolition NIA
Proposed %ofdemolition N/A
NIA
Commercial
Lo_ die
Proposed Use(s) N/A
Additional Use(s) N/A
Existing Allowed
Proposed
Existing Allowed Proposed
1) FAR (Floor Area Ratio)
N/A
1) FAR (Floor Area Ratio)
N/A
2) Floor Area (square feet)
N/A
2) Floor Area (square feet)
N/A
3) Maximum Height
N/A
3) Maximum Height
NIA
4) Off -Street ParkingSpaces
NIA
4) Free Market Residential(square feet)
5) Second Tier (squarefeet)
N/A
4) Front setback
NSA
6 Pedestrian Amenity s uarefeet
) y (q )
N/A
5) Rear setback
N/A
Proposed%ofdemolition N/A
6) Side setbacks
N/A
7) Off -Street Parking Spaces
N/A
8) Pedestrian Amenity (square feet)
NIA
Proposed %ofdemolition N/A
Existing non -conformities or encroachments:
NIA
Variations requested:
N/A
April 2020 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090
Agreement to Pay Application Fees
An agreement between the City of Aspen ("City") and
Address of Property:
74 FIVETREES LANE Please type or printinall caps
TREES LLC (RUSSELLGOMSMiTH) JENNIFER DOUECKI-SMITH
Property Owner Name: Representative Name(if different from Property owner):
Billing Name and Address - Send Bills to:
ESCAPE GARDEN DESIGN
JENNIFER®ESCAPEGARDENRESIGN,CCM, 9RUCLI�ESCAPUAROENCESIGNPhone:
COM 970-920 3700
Contact info for billing: e-mail:
I understand that the City has adopted, via Ordinance No. 20, series of 2020, review fees for Land Use applications, and
payment of these fees is a condition precedent to determining application completeness. I understand that as the property
owner, I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees
are non-refundable.
$• 6rJ�
flat fee for PARKS
$
flat fee for
$-
flat fee for
$.
flat fee for
For deposit cases only: The City and I understand that because of the size, nature, or scope of the proposed project, it is not
possible at this time to know the full extent or total costs involved in processing the application. I understand that additional
costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete
processing, review, and presentation of sufficient information to enable legally required findings to be made for project
consideration unless invoices are paid in full.
The City and I understand and agree that invoices sent by the City to the above listed billing address and not returned to the
City shall be considered by the City as being received by me, I agree to remit payment within 30 days of presentation of an
invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy, including consequences for non-payment. I agree to
pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does
not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I
agree to pay additional monthly billings to the City to reimburse the City for processing my application at the hourly rates
hereinafter stated.
$ 1 3300.00 deposit for4 hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325.00 per hour.
$ 325.00 deposit for 1 hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $325.00 per hour.
City of Aspen:
Signature:
Phillip t,AICP RUSSELL GOLDSMITH
Community
y Development Director PRINT Name:
City Use: 2,275.00
Fees Due: $ Received $ Title:
Case #
April 2020 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090
PRE-APPLICATION CONFERENCE SUMMARY
PRE-22-119
DATE: November 7th, 2022
PLANNER: Sophie Varga, 970-429-2778
PROJECT: 74 Five Trees Lane, Moore Family PD – Insubstantial PD Amendment
REPRESENTATIVE: Jennifer Dolecki-Smith, Escape Garden Design, LLC
DESCRIPTION: The applicant would like to amend the shape of the building envelope with no net increase
in envelope area to include improvements associated with the construction of a pool and potentially a
parking area. The lot is located in the Moore Family (Five Trees) Planned Development and an Insubstantial
Planned Development Amendment is required. The applicant must respond to the review criteria in Section
26.445.110.A, Planned Development – Insubstantial Amendment. This land use application is associated with
building permit 0036-2021-BRES. Any impact to natural vegetation on the site that is not specifically allowed
outside of envelopes must be within either the building envelope or an activity envelope (depending on the
improvement). This includes irrigation systems, cameras, etc. Please reference the Planned Development
entitlements to ensure that the proposed envelope complies.
RELEVANT LAND USE CODE SECTIONS:
Section Number Section Title
26.304 Common Development Review Procedures
26.445.110.A Planned Development – Insubstantial Amendment
26.490.040.A Approval Documents Content and Form
For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code
REVIEW BY: Staff for Complete Application and Decision
REQUIRED LAND USE REVIEW(S):
PD Insubstantial Amendment
PUBLIC HEARING: No, Administrative Review
PLANNING FEES: $1,300.00 Deposit for 4 hours of staff time (additional hours will be billed at $325/hr)
REFERRAL FEES: Parks (Flat Fee) - $650.00
Engineering (Hourly) - $325.00 per hour
TOTAL DEPOSIT: $2,275.00
APPLICATION CHECKLIST – These items should be submitted as a single PDF document via email to
Sophie.Varga@Aspen.Gov
Completed Land Use Application Packet, including the Agreement to Pay Application Fees and the
Homeowner Association Compliance Policy.
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 (no older than 6 months) certificate from a title insurance company, an ownership and
encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all
owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements
affecting the parcel, and demonstrating the owner’s right to apply for the Development Application.
Applicant’s name, address and telephone number in a letter signed by the applicant that states the
name, 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 the
proposed development complies with the review standards relevant to the development application and
relevant land use approvals associated with the property.
An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.
Written responses to applicable review criteria.
A current survey of the parcel certified by a registered land surveyor licensed in the State of Colorado
showing the current development envelope.
A draft plat of the parcel certified by a registered land surveyor licensed in the State of Colorado showing
the proposed development envelope.
Depending on further review of the case, additional items may be requested of the application. Once the
application is deemed complete by staff, the applicant/applicant’s representative will receive an e-mail requesting
submission of an electronic copy of the complete application and the deposit. Once the deposit is received, the
case will be assigned to a planner and the land use review will begin.
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.
WRIGHT LAW ASPEN, LLP 715 West Main Street, Suite 201
Aspen, Colorado 81611
Telephone: (970) 925-5625
Gary A. Wright Facsimile: (970) 925-5663
gary@wrightlawaspen.com
03 November 2023
Community Development Department
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Re: Trees LLC — Proof of Ownership
To Whom it May Concern:
I am writing this letter on behalf of my client, Trees LLC, a Colorado limited liability
company. This letter is given to satisfy the Disclosure of Ownership requirement of my client's
application.
Trees LLC, pursuant to the Special Warranty Deed recorded on 10 May 2019, as
Reception # 655846, is the current record owner of real property located at 74 Five Trees Lane
described as follows:
Lot 28, Block G, THE MOORE FAMILY PUD, A PLANNED COMMUNITY,
according to the Plat thereof recorded August 10, 1998 in Plat Book 45 at Page
81, Pitkin County, Colorado.
There are no monetary liens or encumbrances except for 2023 taxes which are not yet due
or payable. Any easements or other documents of record affecting title to the real property are
listed on Exhibit A to the above referenced and attached Special Warranty Deed. Based on my
current review of the information contained in the Pitkin County Clerk and Recorder"s Office, it
is my opinion that title to the property is vested in Trees LLC.
Please contact me if you have any questions or require any additional information.
Attached: Special Warranty Deed
Sincerely,
WRIGHT LAW ASPEN, LLP
By:
Gary A. Wright
www.wrightlawaspen.com
After recording return to:
Attorneys Title Aspen
715 West Main Street, Suite 202
Aspen, Colorado 81611
Special Warranty Deed
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
RECEPTION#: 666846, R: $23.00, D: $1,203.76
DOC CODE: SPEC WD
Pg 1 of 3, 06/10/2019 at 11:16:42 AAA
Janice K. Vos Caudill, Pitkin County, CO
po� 4a- $ 11;w3 Z�
On 'ID May 2019, STEPHEN E. DEHAN and ALISON G. DEHAN, as Grantors, for the
consideration of the sum of Twelve Million, Thirty -Seven Thousand, Five Hundred and oo/loo
U.S. Dollars ($12,037,5oo.00) and other good and valuable consideration to the Grantors in
hand paid, hereby grant, bargain, sell and convey to: TREES LLC, a Colorado limited liability
company, Grantee, whose mailing address is 715 West Main Street, Suite 201, Aspen, Colorado,
81611, the following real property:
Lot 28, Block G, THE MOORE FAMILY PUD, A PLANNED COMMUNITY,
according to the Plat thereof recorded August io,1998 in Plat Book 45 at Page
81, Pitkin County, Colorado
also known as: 74 Five Trees Lane, Aspen, Colorado 81611;
with all its appurtenances and warrants title against all persons claiming under Grantors, but
not otherwise, to the same, subject to those exceptions listed in the attached Exhibit A.
r
Stephen E. Dehan
State of �'0 )
) ss.
County of t _ )
A�JC94,--J -
Alison G. Dehan
The foregoing Special Warranty Deed was duly execute4aacknowledged before me on
May 2o19, by Stephen E. Dehan and Alison G. Dehan.
Witness my hand and official seal.
. NICOLE LEBBY Noic
NOTARY PUBLIC
STATE OF COLORADO
'HOTARY ID-20084004424
MY WMMI SIdN tM. RES FEB. 6. 2W
CITY OF ASPEN
WRETr PAID
DATE RI;P� NO.5Z/&,5-
�'raP/
CITY OF ASPEN
HRETT PAID
DATE REP 4CNO.
Vbvh0/
RECEPTION#: 655846, 05/10/2019 at 11:16:42 AM, Pgs 2 of 3, Janice K. Vos Caudill, Pitkin County, CO
Special Warranty Deed
Lot 28, Block G, THE MOORE FAMILY PUD
EXHIBIT A:
1. Taxes and assessments for the year 20i9 and subsequent years, a lien not yet due or payable.
2. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be
found to penetrate or intersect the premises herebygranted, and right of way for ditches or canals constructed
by the authority of the United States, as described in the United States Patent dated June 29, 189i, and
recorded November 29, 1892, In Book 55 at Page 34, as Reception No. 050131.
3. Terms, conditions, provisions, agreements and obligations specified under Resolution No. 95-9, A
Resolution of the Board of County Commissioners of Pitkin County, Colorado, Regarding the Disposition of
the of the Moore Subdivision Application that is in Process When the Revised Growth Management
Regulations of The Pitkin County Land Use Code areAdopted, dated January 10,1995, and recorded February
15,1995, in Book 774 at Page 51 as Reception No. 379002; and re -recorded February 15, 1995, in Book 776 at
Page 416 as Reception No. 379776.
4. Terms, conditions, provisions, agreements and obligations specified under Resolution No. 95-173, A
Resolution of the Board of County Commissioners of Pitkin County, Colorado, Awarding the 1994 Metro
Residential Growth Management Allocations dated September 27, 1995, and recorded October 27, 1995, in
Book 797 at Page 922 as Reception No. 386826.
5. Terms, conditions, provisions, agreements and obligations specified under Resolution No. 95-30, A
Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting General
Submission/Planned Unit Development, Special Review and 1041 Environmental Hazard Review Approvals,
and Awarding The 1993 Metro Residential Growth Management Allotments for the James E. Moore Family
PUD Project Located Adjacent to the Aspen Public School Campus dated February 18m 1995, and recorded
November 9, 1995, in Book 799 at Page 150, as Reception No. 387186, an re -recorded October 25, 1996, as
Reception No. 398334;
6. Terms, conditions, provisions, agreements and obligations specified under Resolution No. 97-75, a
Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting Detailed Submission,
Planned Unit Developments, Subdivision, Special Review, Ridgeline Review, Growth Management Quota
System Exemption, and 1041 Environmental Hazard Review Approvals for the James E. Moore Family
Partnership Project Located Adjacent to the Aspen Public School Campus dated April 2, 1997, and recorded
May 8, 1997, as Reception No. 404234•
7. Terms, conditions, provisions, agreements and obligations specified under Ordinance No. 97-13, An
Ordinance of the Board of County Commissioners of Pitkin County, Colorado Granting Approval of Rezoning
from AFR-2 and AFR-io AFR-1 for Portions of the Moore Property Located Adjacent to the Aspen Public
School Campus and Amending the Official County Zoning Maps Accordingly dated April 2,1997, and recorded
June lo, 1997, as Reception No. 405216.
8. Terms, conditions, provisions, agreements and obligations specified under Resolution No. 98-57, a
Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting Final Plat Approval
for the James E. Moore Family Partnership PUD Subdivision dated February 11, 1998, and recorded April 7,
1998, as Reception No. 415352•
9. Any and all notes, easements and recitals as disclosed on the recorded Moore Family Planned United
Development, A Planned Community Plat recorded August 1o,1998 In Plat Book 45 at Page 81, as Reception
No. 420465, and io' Access Easement, as further described and depicted on theAmended Plat of Lot 9, Block
G, The Moore Family P.U.D., recorded February 14, 2001, in Plat Book 56 at Page 62, as Reception No.
451473•
Page I Of 2
RECEPTION#: 655846, 05/10/2019 at 11:16:42 AM, Pgs 3 of 3, Janice K. Vos Caudill, Pitkin County, CO
Special Warranty Deed
Lot 28, Block G, THE MOORS FAMILY PUD
EXHIBIT A:
10. Terms, conditions, provisions, agreements and obligations specified under the Master Declaration
of Covenants, Conditions, and Restrictions for Moore Family PUD, a Planned Community, Pitkin County,
Colorado recorded August io, 1998, as Reception No. 420466; and First Amendment to the Master
Declaration of Covenants, Conditions and Restrictions for Moore Family PUD, a Planned Community, Pitkin
County, Colorado, dated May 2002, and recorded August 6, 2002, as Reception No. 47o678; and Designation
of Successor and Assign dated August 1o, 1998, and recorded August 11, 1998, as Reception No. 420552.
11. Terms, conditions, provisions, agreements and obligations specified under theM oore Family Planned
Unit Development Guide dated August 4, 1998, and recorded August io,1998, as Reception No. 420467.
12. Terms, conditions, provisions, agreements and obligations specified under the Subdivision
Improvements Agreement for Moore Family PUD, A Planned Community dated August 4,1998, and recorded
August io, 1998, as Reception No. 420468.
13. Terms, conditions, provisions, agreements and obligations specified under Ordinance No. 20 (Series
Of 1997), an Ordinance of the City Council of the City of Aspen, Colorado, Authorizing and Approving an
Agreement for the Extraterritorial Extension and Delivery of Municipal Water Services to the James E. Moore
Family Partnership LLP dated June 9, 1997, and recorded August 11, 1998, as Reception No. 420479•
14. Terms, conditions, provisions, agreements and obligations specified under Resolution No. 40 (Series
of 1998), A Resolution of the City Council of the City of Aspen, Colorado, Authorizing Execution of the
Agreement For Water Service Agreement Relating to the Extension of Water Service to the James E. Moore
Family Partnership LLP Property dated May 11, 1998, and recorded August 11, 1998, as Reception No.
420480.
15. Terms, conditions, provisions, agreements and obligations specified under the City of Aspen Water
Service Agreement (New Development) dated August io, 1998, and recorded August 11, 1998, as Reception
NO.420481; and specified underthe City of Aspen First Addendum to Water Service Agreement datedAugust
10,1998, and recorded August 11, 1998, as Reception No. 420482; and specified under the City of Aspen Raw
Water Agreement dated August 1o, 1.998, and recorded August 11., 1998, as Reception No. 420485; and
specified under the City of Aspen Pretapping Agreement (Property Located Outside CityLimits) dated August
io, 1998, and recorded August 11, 1998, as Reception No. 420488; and specified under the Collection System
Agreement dated August 4,1998, and recorded August i1,1098, as Reception No. 420487; and specified under
the Aspen Consolidated Sanitation District Preconnection Agreement dated August io, 1998, and recorded
August 11, 1998, as Reception No. 420488.
16. Terms, conditions, provisions, agreements and obligations specified under the Trench, Conduit, and
Vault Agreement dated December 29, 1998, and recorded January 11, 1999, as Reception No. 426420.
17. Terms, conditions, provisions, agreements and obligations specified under Ordinance No. 24 (Series
of i999), an Ordinance of the CityCouncil of the City ofAspen, Colorado, Approving the Annexation of Certain
Territory of the City of Aspen, Colorado, to be Known and Designated as the "Moore Family PUD" Annexation
dated June 14,1999, and recorded July 14,1999, as Reception No. 433361; and specified under the Moore No.
2 Annexation Plat recorded July 14, 1999 at Plat Book 5o at Page 45 as Reception No. 433363•
i8. Terms, conditions, provisions, agreements and obligations specified under the Warranty Deed dated
January 31, 20oo, and recorded January 31, 20oo, as Reception No. 440o16.
19. Terms, conditions, provisions, agreements and obligations specified under the Grant of Easement,
dated May 12, 20o8, and recorded April 18, 2oi9, as Reception No. 655325•
Page 2 of 2
E S C A P E
GARDEN DESIGN
SITE DEVELOPMENT
October 4, 2023
Escape Garden Design
312-E AABC
Aspen, Colorado 81611
We, Russell and Karen Goldsmith, authorize Jennifer Dolecki-Smith of Escape Garden Design to represent
us in applying for 74 Five Trees Lane, Moore Family PD-Insubstantial PD Amendment to accommodate
landscape pavers and pool associated vents and cameras, and any other planning or building submittals
necessary to execute the landscape at 74 Five Trees Lane. ct Information is below.
/ 1/ /� / / % /%%2
tcussell cio1dsr1%UA4tCaren Goldsmith, Trees LLC
Jennifer Dolecki-Smith, RLA
Escape Garden Design
3I2-E AABC
Aspen, Colorado 81611
970-920-3700
Homeowner Association Compliance Policy
All land use applications within the City of Aspen are required to include a Homeowner Association
Compliance Form (this form) certifying that the scope of work included in the land use application
complies with all applicable covenants and homeowner association policies. The certification must be
signed by the property owner or Attorney representing the property owner.
Property Name: RUSSELL GOLDSMITH
Owner (I" ): Email: Phone No.:
rgoldsmithl4@gmaii.com
Address of74 FIVETREES LANE
Property:ASPEN, COLORADO 81611
(subject of
application)
certify as follows: (pick one)
❑ This property is not subject to a homeowner association or other form of private covenant.
❑ This property is subject to a homeowner association or private covenant, and the improvements
Proposed in this land use application do not require approval by the homeowners association or
covenant beneficiary.
19 This property is subject to a homeowners association or private covenant and the improvements
proposed in this land use application have been approved by the homeowners association or
covenant beneficiary.
I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the
applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I
understand that this dIR
s a p tic ocu 2
Owner signature., Date: 14 z3
Owner printed name: ELL GOLDSMITH
or,
Attorney signature: Date:
Attorney printed name:
Aril 2020 City of Aspen 1130 S. Galena St. 1 (970) 920 5090
F I V E T R E E S
David Parker Pre,ident
Tama Wojcik
Russell Goldsmith
74 FiveTrees Lane
Aspen, CO 81611
DESIGN RENTIEW BOARD
Bruce Ethin
Erin Becher
Eve Wiiston
Jinn Korpela, Manager
June 25, 2021
Re: Lot 28, FiveTrees, Landscaping, Minor Building Envelope Modification, Lap Pool
Dear Mr. Goldsmith„
Follow up to the prior approval dated September 25, 2020, the FiveTrees Design. Review Board has
approved the 4 foot boulder walls in the activity envelope to save existing vegetation and minimize the
site disturbance of this retaining. Additionally, the 5 foot perimeter of grade around the mechanical
room is approved, as this additional bury is expected to fully mitigate noise pollution. Attached is the
drawing reflecting these modifications.
Sincerely,
By
Jim Korpela
District Manager
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Eve Wl-,iston,President Bruce Etkin David Parker
Tanja Wojcik Erin Becker James Korpela,Manager
September 12,2023
TREES LLC
400 N ROXBURY DR
BEVERLY HILLS CA 90210
Re:74 FiveTrees Lane,Lot 28,FiveTrees -Minor Building Envelope Modification
Dear Owner,
The minor building envelope modification requested for Lot 28 as depicted on the attached has been
reviewed and approved by the FiveTrees Design Review Board.
Sincerely,ByL
U
James K cIa
District Manager
LOT 28
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e
l
o
p
e
1
1
6
4
7
.
7
0
s
f
16 0 16 32 48
Scale 1" = 16
Description
The owner at 74 Five Trees Lane would like to request approval for a building envelope change
on Lot 28, 74 FiveTrees Lane. We are asking for an Insubstantial PD Amendment to the
building envelope to incorporate new landscape pavers and pool associated cameras and vents
within the building envelope. No additional square footage is being requested. We are re
allocating unused square footage so that the existing Building Envelope at 11,647.7 sf shall take
unused portions to use for this. The Proposed building Envelope is also 11,647.7 sf
74 Five Trees Lane
Vicinity Map
4,514
752.3
Legend
1:
WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet0752.3376.17
Notes THIS MAP IS FOR INFORMATIONAL PURPOSES.
Pitkin County GIS makes no warranty or guarantee
concerning the completeness, accuracy, or reliability
of the content represented.
Map Created on 2:21 PM 02/13/20 at
http://www.pitkinmapsandmore.com
State Highway
Road Centerline 4K
Primary Road
Secondary Road
Service Road
Full Address
Parcel Boundary
Rivers and Creeks
Continuous
Intermittent
River, Lake or Pond
Town Boundary
Federal Land Boundary
BLM
State of Colorado
USFS
Land Use Responses
Sec. 26.445.110. - Amendments.
SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL
SECTIONCOMPARE VERSIONS
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, approvals) 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 remains a single family dwelling. Use and character is not altered
(2)
The request is consistent with the conditions and representations in the project's original approval, or
otherwise represents an insubstantial change.
Response: This request is to accommodate permeable pavers and pool associated cameras
and vents within the parameters of the PUD Guidelines and within the Building envelope.
(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: This request is only to modify the shape of the building envelope. No additional
area is requested, no additional floor area is requested and no additional height is requested.
(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 Rev iew, or otherwise represents an
insubstantial change.
Response: This request is only to modify the shape of the building envelope. There are no
proposed changed to Dimensional Requirements. No additional area is requested, no
additional floor area is requested and no additional height is requested.
(5)
An applicant may not apply for Detailed Review if an amendment is pending.
Response: This request is the only planning application submitted for this property at this
time.
N G
�P�pO
/
20
PRIVATE
SEWER E,
PLAT BK.
1/
30.
R.O.
/
/
20.0'
MAROON CREEK PIPELINE
PRIVATE SUMMER TRAIL
PRIVATE SKI TRAIL
PUBLIC NORDIC TRAIL
EASEMENT
PLAT BK. 45 PG. J£.Y
YP (:
/
rr\ivr�i� Lr�auviuvi
PLAT BK. 45 PG. 81
I
I
I
MOORE FA IL Y PUD
PI TKIN COUNTY, COL ORAD O
MEADOWOOD SUBDIVISION
L34
S 03'00'39" W
6.84
L35
S 129 4 39 E
4.00
L36
S 77'45 21 W
7.30
L37
S 12'14 39 E
15.30
L38
S 77'45'21" W
1.70
L39
S 12*14'39" E
20.40
L40
N 77'45 21 E
9.00
L41
S 1294 39 E
1.45
L42
N 77°45 21 E
T40
L43
S 12'09'11" E
18.54
L44
S 79'14'44" W
9.25
L45
S 62'57 22 W
17.29
L46
S 62'00 48 W
2.91
rL47
S 27'5912 E
12.65
)T 8
❑ 10 20 40
1" = 2 0'
NOTES
1) LEGAL DESCRIPTION:
LOT 28, BLOCK G, THE MOORE FAMILY PUD, A PLANNED COMMUNITY, ACCORDING TO THE
PLAT THEREOF RECORDED AUGUST 10, 1998 IN PLAT BOOK 45 AT PAGE 81 IN THE
COUNTY OF PITKIN, STATE OF COLORADO.
2) BASIS OF BEARING:
A BEARING OF N89`54'18"E BETWEEN A FOUND REBAR AND RPC LS# 20133 AT THE N.W
PROPERTY CORNER AND A FOUND REBAR AND RPC LS# 20133 AT THE N.E. PROPERTY
CORNER.
3) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY THIS SURVEYOR. TITLE
INFORMATION RELIED UPON FOR THE PREPARATION OF THIS SURVEY FURNISHED BY
ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC, COMMITMENT NO. 19004133,
DATED 03/26/2019.
4)
UNIT OF
MEASUREMENT
FOR
THIS SURVEY IS THE U.S. SURVEY FOOT.
5)
POSTED
ADDRESS IS 74
FIVE
TREES LANE.
6) AMENDED BUILDING ENVELOPE SHOWN HEREON TAKEN FROM 1ST AMENDED LOT
28, BLOCK G, THE MOORE FAMILY PUD, BUILDING ENVELOPE PLAT RECORDED IN
PLAT BOOK 128 AT PAGE 97.
7) ACTIVITY ENVELOPES SHOWN HEREON BASED ON RESOLUTION NO. 09 (SERIES OF
2009). A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
APPROVING A PUD AMENDMENT AFFECTING THE MOORE FAMILY PUD DEVELOPMENT
GUIDE BY AMENDING ARTICLE VIII, BUILDING SETBACKS AND ARTICLE XVII,
LANDSCAPING. NO RECORDING INFORMATION PROVIDED. LOCATION OF ENVELOPES
PROVIDED BY ESCAPE GARDEN DESIGN, GOLDSMITH RESIDENCE, LANDSCAPE PLAN
SHEET L.2.002 APPROVED 06/15/2021.
LEGEND
OO
INDICATES FOUND MONUMENT AS
DESCRIBED.
RPC
RPC 11/" RED PLASTIC CAP ON
#5 REBAR
20133
YPC 1 %" YELLOW PLASTIC CAP
ON #5 REBAR
OS
SEWER MANHOLE
RO
ROOF OVERHANG
WM
WATER METER
WW
WINDOW WELL
EM
ELECTRIC METER
M❑
MECHANICAL PAD
(D
DRY WELL
FENCE LINE
\ DECIDUOUS TREE
` EVERGREEN TREE
• BUSH
SURVEYOR'S CERTIFICATE
I, MICHAEL P. LAFFERTY, HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS AN
AS -BUILT SURVEY PERFORMED UNDER MY SUPERVISION ON 10/2022 OF THE ABOVE
DESCRIBED PARCEL OF LAND. THE LOCATION AND DIMENSIONS OF ALL IMPROVEMENTS,
EASEMENTS, RIGHTS -OF -WAY IN EVIDENCE OR KNOWN TO ME AND ENCROACHMENTS BY
OR ON THESE PREMISES ARE ACCURATELY SHOWN.
MICHAEL P. LAFFERTY PLS. # 37972
/
20.0'
PRIVATE SKI TRAIL
SEWER EASEMENT
PLAT BK. 45 PG. 81
30.0'
R.O.W.
� ! IN
l/ 0� / �/ I _ • . Ill I I �. ��l "m/ ./
OF
LOT 28, BLOCK G, THE MOORE FAMIL Y PUD, A PLANNED COMMUNITY,
ACCORDING TO THE PLAT THEREOF RECORDED A UGUST 10, 1998 IN PLA T BOOK 4S A T PAGE 81, CITY Y OF ASPEN, COUNTY OF PITKIN, STA TE OF COLORADO.
20.0'
MAROON CREEK PIPELINE
PRIVATE SUMMER TRAIL /
PRIVATE SKI TRAIL
PUBLIC NORDIC TRAIL
EASEMENT
PLAT BK. 45 PG. �Y
/
/
THE PURPOSE OF THIS AMENDED PLAT IS TO ADJUST THE BUILDING ENVELOPE AS SHOWN HEREON.
m
11I WIN Ti1TJCSTSI a MIS 117 DI UM021 \ I
/ 1 /"1V VLJJ LI"1JLIVI LIV I
IPLAT BK. 45 PG. 89
20.0'
PRIVATE SKI EASEMENT
PLAT BK. 45 PG. 81
I
CERTIFICATE OF DEDICATION AND OWNERSHIP
KNOW ALL MEN BY THESE PRESENTS THAT RUSSELL GOLDSMITH BEING THE OWNER, MORTGAGEE OR
LIEN HOLDER OF CERTAIN REAL PROPERTY LOCATED IN PITKIN COUNTY, COLORADO, DESCRIBED ON
THIS PLAT AS LOT 28, BLOCK G, THE MOORE FAMILY PUD, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 45 AT PAGE 81 IN THE COUNTY OF PITKIN, STATE OF COLORADO. OWNER
HAS CAUSED THE PROPERTY TO BE LAID OUT, SURVEYED AND PLATTED AS SHOWN ON THIS
BOUNDARY ADJUSTMENT PLAT.
EXECUTED THISDAY OF , A.D. 2023.
BY:
OWNER
NOTARY PUBLIC CERTIFICATE
STATE OF COLORADO)
)SS
COUNTY OF PITKIN )
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS
2020 BY ---- OF ---
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES _________.
COMMUNITY DEVELOPMENT DIRECTOR CERTIFICATE
THIS 2ND AMENDED PLAT OF LOT 28, BLOCK G, THE MOORE FAMILY PUD HAS BEEN REVIEWED AND
APPROVED FOR COMPLIANCE WITH THE APPLICABLE PROVISIONS OF THE CITY OF ASPEN LAND USE
CODE BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THISDAY OF
2023. TO THE EXTENT THAT ANYTHING IN THIS PLAT IS INCONSISTENT OR IN
CONFLICT WITH ANY CITY OF ASPEN DEVELOPMENT ORDERS RELATING TO THIS PROPERTY OR ANY
OTHER PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO OTHER APPLICABLE LAND
USE REGULATIONS AND BUILDING CODES, SUCH OTHER DEVELOPMENT ORDERS OR APPLICABLE LAWS
SHALL CONTROL.
COMMUNITY DEVELOPMENT DIRECTOR
CITY ENGINEER'S REVIEW
DAY ________ OF THIS 2ND AMENDED PLAT WAS REVIEWED FOR THE DEPICTION OF THE ENGINEERING DEPARTMENT
SURVEY REQUIREMENTS THIS_________ DAY OF ------------------- 2023.
CITY ENGINEER
)T 8
RPC
# 20133
CLERK AND RECORDER'S CERTIFICATE
PARCEL ID# 273514111128
❑ 10 20 40
1" = 2 0'
NOTES
1) THE PURPOSE OF THIS AMENDED PLAT IS TO REVISE THE BOUNDARY OF THE BUILDING
ENVELOPE FROM THOSE PREVIOUSLY ESTABLISHED PURSUANT TO THE FIRST AMENDED
LOT 28, BLOCK G. THE MOORE FAMILY PUD, BUILDING ENVELOPE PLAN RECORDED IN
PLAT BOOK 128 PG 97.
AREA PER PLATTED BUILDING ENVELOPE=11,648 SQ.FT.f.
AREA PER AMENDED BUILDING ENVELOPE=11,648 SQ.FT.f.
2) BASIS OF BEARING:
A BEARING OF N89°54'18"E BETWEEN A FOUND REBAR AND RPC LS# 20133 AT THE N.W
PROPERTY CORNER AND A FOUND REBAR AND RPC LS# 20133 AT THE N.E. PROPERTY
CORNER.
3) UNIT OF MEASUREMENT FOR THIS SURVEY IS THE U.S. SURVEY FOOT.
THIS 2ND AMENDED PLAT OF LOT 28, BLOCK G, THE MOORE FAMILY PUD, HAS BEEN
ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN
COUNTY, COLORADO THIS _____DAY OF __________ IN PLAT BOOK _____ AT
PAGE- AS RECEPTION NUMBER -
CLERK & RECORDER
SURVEYOR'S CERTIFICATE
LEGEND
O INDICATES FOUND MONUMENT AS DESCRIBED.
RPC 1%" RED PLASTIC CAP ON #5 REBAR
YPC 11/" YELLOW PLASTIC CAP ON #5 REBAR
I, MICHAEL P. LAFFERTY, BEING A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO
HEREBY CERTIFY THAT I HAVE PREPARED THIS BOUNDARY ADJUSTMENT PLAT, THAT THE LOCATION
OF ALL PARCEL BOUNDARIES ARE ACCURATELY AND CORRECTLY SHOWN HEREON, THAT THE SAME
ARE BASED UPON FIELD SURVEYS AND CONFORM TO THOSE AS STAKED UPON THE GROUND. ERROR
OF CLOSURE IS LESS THAN 1/15,000.
IN WITNESS THEREOF, I HAVE SET MAY HAND AND SEAL THIS DAY OF , 2023.
MICHAEL P. LAFFERTY PLS. # 37972
LINE
BEARING
DISTANCE
L1
N 38`11'14"
E
22.08'
L2
N 62`45'35"
E
29.59'
L3
N 12`14'39"
W
18.40'
L4
N 77°45'21"
E
18.40'
L5
N 12*14'39"
W
3.65'
L6
N 77°45'21"
E
11.90'
L7
S 12*14 39
E
4.80
L8
N 77°45 21
E
0.82
L9
S 12*14'57"
E
13.70'
L10
N 76°58'27"
E
14.45'
L11
N 12*10'53"
W
10.80'
L12
N 78`01'29"
E
40.77'
L13
N 12`10'35"
W
15.95'
L14
N 77`53'59"
E
47.12'
L15
N 12*06'14"
W
19.60'
L16
N 77°53'58"
E
4.70'
L17
N 85'16'31"
E
14.62'
L18
S 12°06 01
E
24.02
L19
N 04°54 28
E
23.52
L20
N 85*37'10"
W
7.17'
L21
S 85°20'58"
W
14.62'
L22
N 12°05'43"
W
9.98'
L23
S 88'48'08"
W
4.79'
L24
S 77'53'59"
W
22.00'
L25
N 12`06'01"
W
8.32'
L26
S 7837'39"
W
5.11'
L27
S 82°23'56"
W
16.44'
L28
N 21 °20'57"
W
21.77'
L29
N 32°56 47
W
14.28
L30
N 18*5612
E
7.39
L31
N 41 °21'40"
W
14.98'
L32
S 76*19'48"
W
19.86'
L33
N 83°36'30"
W
8.30'
L34
S 75'40'17"
W
24.57'
L35
S 60'15'18"
W
14.07'
L36
S 07`12'24"
W
21.90'
L37
S 0239'45"
W
16.01'
L38
S 03°42'51"
E
4.20'
L39
S 08°45'21"
E
6.55'
L40
S 0035 50
W
9.55
L41
S 03°00'39"
W
6.84'
L42
S 12*14'39"
E
4.00'
L43
S 77°45'21"
W
7.30'
L44
S 12'14'39"
E
15.30'
L45
S 77'45'21"
W
1.70'
L46
S 12'14'39"
E
20.40'
L47
N 77°45'21"
E
9.00'
L48
S 12*14'39"
E
1.45'
L49
N 77°45'21"
E
3.40'
L50
S 12*09'11"
E
18.54'
L51
S 79*1513
W
9.25
L52
S 62°57'22"
W
17.29'
L53
S 62°00'48"
W
2.92'
L54
S 27*59'12"
E
2.65'
NOTARY PUBLIC
DATE: