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HomeMy WebLinkAboutApplication for Insubstantial Amendment Ryckmans COMPLETEAPPLICATION FOR INSUBSTANTIAL AMENDMENT TO RECONFIGURE BUILDING ENVELOPE 195 Cascade Lane, Aspen, Colorado Pitkin County, Colorado (Lot 32, Block G, The Moore Family P.U.D.) PROPERTY OWNERS: REPRESENTATIVE: Ryckman Family 2012 Irrevocable Trust Spousal Lifetime Access Trust for the Benefit of Douglas A. Ryckman dated October 5, 2021 1312 Seaspray Lane Sanibel, Florida 33957 (813) 390-3899 kdryckman@gmail.com Richard Y. Neiley, Jr. Neiley Law Firm, LLC 6800 Highway 82, Suite 1 Glenwood Springs, CO 81601 (970) 928-9393 aspenlaw@neileylaw.com APPLICANT: Ryckman Family 2012 Irrevocable Trust Spousal Lifetime Access Trust for the Benefit of Douglas A. Ryckman dated October 5, 2021 1312 Seaspray Lane Sanibel, Florida 33957 (813) 390-3899 kdryckman@gmail.com PROPERTY: 195 Cascade Lane, Aspen, Colorado 81611 Moore Family/Five Tree PUD, Block G, Lot 32 Parcel ID No. Parcel ID#27354111132 EXHIBIT A Land Use Application, Fee Agreement and Homeowners' Association Compliance Policy 195 Cascade Lane, Aspen, Colorado 81611 Moore Family/Five Tree PUD, Block G, Lot 32 Parcel ID No. Parcel ID#27354111132 LAND USE APPLICATION Project Name and Address: Retaining Wall Building Envelope Adjustment, 195 Cascade Lane, Five Trees/Moore Family PUD Parcel ID #(REQUIRED) 273514111132 APPLICANT: Name: Spousal Lifetime Access Trust and Ryckman Family 2012 Irrevocable Trust Address: 1312 Seaspray Lane, Sanibel, Florida 33957 Phone#:813-390-3899 email: kdryckman@gmail.com REPRESENTIVATIVE: Name: Richard Y. Neiley, Jr. Address:6800 Highway 82, Suite 1, Glenwood Springs, CO 81601 Phone#:970-928-9393 email: aspenIaw@neileylaw.com Description: Existing and Proposed Conditions The resident built on the subject property never received a CO because the contractor built retaining walls that exceed the maximum height allowed outside of the platted Building Envelope. Applicant seeks reconfiguration of the Building Envelope to encompass the retaining wall that is too tall with no net gain of area within the Building Envelope. Review: Administrative or Board Review Required Land Use Review(s): 26.304 Common Development Review Procedures; 26.445.110 Insubstantial Amendments; 26.490 Approval Documents Growth Management Quota System (GMQS) required fields: N/A Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ ✓ Pre -Application Conference Summary ✓ Signed Fee Agreement ✓ HOA Compliance form MAII items listed in checklist on PreApplication Conference Summary April 2020 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090 DIMENSIONAL REQUIREMENTS FORM Complete only if required by the PreApplication checklist Project and Location Retaining Wall Building Envelope Adjustment, 195 Cascade Lane, Five Trees/Moore Family PUD Applicant: Spousal Lifetime Access Trust and Ryckman Family 2012 Irrevocable Trust Zone District: Gross Lot Area: Net Lot Area: "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 Existing Allowed Proposed 1) Floor Area (square feet) 1) Number of Units 2) Maximum Height 2) Parcel Density (see 26.710.090.C.10) 3) Front Setback 3) FAR (Floor Area Ratio) 4) Rear Setback 4) Floor Area (square feet) 5) Side Setbacks 5) Maximum Height 6) Combined Side Setbacks 6) Front Setback 7) % Site Coverage 7) Rear Setback 8) Minimum distance between buildings 8) Side Setbacks Proposed %of demolition Proposed %of demolition Commercial Proposed Use(s) Existing Allowed 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Off -Street Parking Spaces 5) Second Tier (squarefeet) 6) Pedestrian Amenity (squarefeet) Proposed %of demolition Existing non -conformities or encroachments: Variations requested: Lodge Additional Use(s) Proposed 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Free Market Residential(square feet) 4) Front setback 5) Rearsetback 6) Side setbacks 7) Off -Street Parking Spaces 8) Pedestrian Amenity (square feet) Proposed % of demolition Existing Allowed Proposed Existing Allowed Proposed April 2020 City of Aspen 1130 S. Galena St. 1(970) 920 5090' An agreement between the City of Aspen ("City") and Address of Property: 195 Cascade Lane, Aspen, CO Please type or print in all caps Spousal Lifetime Access Trust Richard Y. Neiley, Jr. Property Owner Name: Representative Name (if different from Property owner): Billing Name and Address - Send Bills to: Neiley Law Firm, LLC, 6800 Hwy. 82, #1, Glenwood Springs, CO 81601 Contact info for billing: e-mail: aspen law@neileylaw.com e: 970-928-9393 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. $ 650.00 flat fee for Parks Dept. $ 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 , 300.00 deposit for 4 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 eArtment staff time. Additional time above the deposit amount will be billed at $325.00 per hour. j City of Aspen Phillip Supino, AICP Community Development Director City Use: Fees Due: $ Received $ Case # Signature: PRINT Name: Richard Y. Neiley, Jr. Title: Owners' Representative 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 Owner ("I"): Name: Spousal Lifetime Access Trust and Ryckman Family 2012 Irrevocable Email: kdryckman@gmail.com Phone No.: 813-390-3899 Address of 195 Cascade Lane, Aspen, Colorado 81611 Property: (subject of application) I 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. 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 document is a public document. Owner signature: Date: Owner printed name: or, ` .m, Date:Jan., 2023 Attorney signature: Attorney printed name: Richard Y. Neiley, Jr. EXHIBIT B Pre -Application Conference Summary 195 Cascade Lane, Aspen, Colorado 81611 Moore Family/Five Tree PUD, Block G, Lot 32 Parcel ID No. Parcel ID#27354111132 INV CITYOFASPEN PRE -APPLICATION CONFERENCE SUMMARY PRE-22-139 DATE: December 14, 2022 PLANNER: Luis Prado, luis.prado@aspen.gov PROJECT NAME AND ADDRESS: Retaining Wall Building Envelope Adjustment, 195 Cascade Lane Five Trees/Moore Family PD PARCEL ID#: 273514111132 OWNER: SPOUSAL LIFETIME ACCESS TRUST REPRESENTATIVE: Rick Neiley, Neiley Law Firm, LLC; aspenlaw(a-)-neileylaw.com — 970.928.9393 DESCRIPTION: The subject site is property is 195 Cascade Lane in the Moore Family / Five Trees PD. The residence built on the subject property never received a CO because the contractor built retaining walls that exceed the maximum height allowed outside of the platted Building Envelope. The goal of this pre-app is to reconfigure the Building Envelope to encompass the retaining wall that is too tall with no net gain of area within the Building Envelope. This will ultimately correct the PD noncompliance and enable the city to issue a CO on the subject property. The process requires an Insubstantial Amendment to the Planned Development. Approval from the Homeowners Association is required, and a letter from the HOA should be included in the application. The HOA letter must specifically indicate that the HOA is approving the proposed Building Envelope adjustment. A survey, draft plat, and an existing and proposed site plan (including a landscaping plan and drainage infrastructure) is required. A draft plat meeting the Engineerinq Design Standards should be submitted with the initial application. If approved, the amended draft plat will be recorded with the Pitkin County Clerk and Recorder. Additionally, the Applicant will need to respond to the criteria for Insubstantial Amendments, listed below. 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. 2. The request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstantial change. 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. 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. 5. An applicant may not apply for Detailed Review if an amendment is pending. The application will be referred to the Parks and Engineering Department for comments prior to a decision by the Planning Department. 130 South Galena Street Aspen, CO 81611-1975 1 P: 970.920.5000 1 F: 970.920.5197 1 cityofaspen.com RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.445.110 Insubstantial Amendments 26.490 Approval Documents (Draft Plat) For your convenience — links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code REVIEW BY: Planning Staff for complete application and decision Engineering and Parks Department for Referral Review REQUIRED LAND USE REVIEW(S): Insubstantial Planned Development Amendment PUBLIC HEARING: None PLANNING FEES: $1,300 Deposit for 4 hours of staff time (additional hours will be billed at $325/hr.) REFERRAL FEES: $650 — Parks Dept. Flat fee $325 — Deposit for 1 hour of Engineering (Additional hours will be billed at $325/hr.) TOTAL DEPOSIT: $2,275 APPLICATION CHECKLIST Please send the completed land use application as a PDF to: luis.prado@aspen.gov ❑ 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 (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. ❑ HOA Compliance form (Attached to Application) ❑ A written description of the proposal that includes a brief narrative of the reason for the request. ❑ A draft plat of the parcel certified by a registered land surveyor by licensed in the State of Colorado. Plat must clearly depict the extents of the existing and proposed building envelope, areas to be relocated, and existing and proposed building envelope area totals. Proposed Building Envelope should show a zero net gain in area from existing Building Envelope. ❑ Written responses to applicable review criteria. (see above for the Insubstantial PD Amendment criteria ❑ Site improvement survey including topography and vegetation showing the current status, certified by a registered land surveyor licensed in the state of Colorado. Once the application is deemed complete by the Planning Director, the applicant/applicant's representative will receive an e-mail requesting submission of the land use case 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. APPLICATION FOR INSUBSTANTIAL AMENDMENT TO RECONFIGURE BUILDING ENVELOPE In this Application, Ryckman Family 2012 Irrevocable Trust and the Spousal Lifetime Access Trust for the Benefit of Douglas A. Ryckman dated October 5, 2021 (the "Ryckmans"), as the owner of 195 Cascade Lane, Aspen, Colorado, Moore Family/Five Tree PUD, Block G, Lot 32, Pitkin County, Colorado, Parcel ID#27354111132 (the "Property"), seek approval from the City of Aspen for an Insubstantial Planned Development Amendment to reconfigure the Building Envelope on their Property. The Ryckmans are the owners of Lot 32, Block G, the Moore Family P.U.D. In 2004 they began construction of a single family residence on the Property pursuant to approvals granted by the Five Tree Design Review Board and the City of Aspen. During the design review process, the Ryckmans were asked by a neighboring property owner to increase the height of a retaining wall bordering the driveway so as to avoid the staggering of the retaining wall and a corresponding loss of vegetation and trees. This request resulted in portions of the retaining wall exceeding the 6 foot maximum height for retaining walls outside the building envelope established by the Five Trees P.U.D. Guide. Portions of the wall ended up being between 6 feet and 10 feet in height. Construction of the residence was completed in 2006. Apparently, and unbeknownst to the Ryckmans, the City issued a conditional Certificate of Occupancy that required a building envelope amendment to incorporate the sections of the retaining wall that exceeded 6 feet in height into the building envelope. It appears that the City issued a letter to the Ryckmans on April 16, 2009 advising that the building envelope needed to be amended to encompass the retaining wall. The April 16, 2009 letter was mailed to the Ryckmans in Tampa, Florida where they no longer resided at that time, and to 195 Cascade Lane where there was no mail delivery. Thus, the Ryckmans were unaware of the claimed violation and the need to amend the building envelope. In late 2022 it was discovered that a final, unconditional Certificate of Occupancy had never been issued for the Property. The Ryckmans then began this process in an effort to rectify the problem. The retaining walls as approved by both the homeowners association and the City has been in place, without modification, since completion of construction in 2006. As demonstrated by the photographs below, the retaining wall is fully integrated into the site and the residential improvements. j, A 4AW 1 In accordance with City of Aspen Land Use Code Section 26.445.110.A an Insubstantial Amendment to an existing plat may be approved by the Community Development Director so long as the Insubstantial Amendment meets the following criteria: 1. The request does not change the use or character of the development. RESPONSE: The purpose of the proposed insubstantial amendment is solely to incorporate the retaining wall into the building envelope. No changes of use will result. 2. The request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstantial change. RESPONSE: The original approvals for the project required the establishment of building envelopes for all lots. The Five Trees P.U.D. Guide sets a maximum height for retaining walls outside of building envelope at 6 feet. All improvements in excess of 6 feet must be located within a platted building envelope. Thus, granting the insubstantial amendment will conform to the conditions and representations of the project's approvals. 3 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: No variances are requested, no changes in use will occur and no changes in the allowed height or floor area will result. 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: The proposed amendment to the building envelope represents an insubstantial change to accommodate the previously approved retaining wall within the building envelope in accordance with the Five Trees P.U.D. Guide. The Five Trees Design Review Board has reviewed and approved the proposed Amendment to the building envelope. The amendment will satisfy the sole condition outstanding for the issuance of a final, unconditional Certificate of Occupancy. Therefore, the Ryckmans respectfully request that the Community Development Director grant approval for this insubstantial amendment to the plat for the Ryckmans' Property. The Ryckmans append hereto the following documents in support of this Application: A. Land Use Application, Fee Agreement and Homeowners' Association Compliance Policy; B. Pre -Application Conference Summary; C. Authorization to Represent; D. Certification of Ownership; E. Administrative approval by the Five Trees Design Review Board for the building envelope modification dated January 12, 2023 with neighboring property owner approval; F. Improvement Survey Plat dated January 25, 2023; G. First Amended Plat recorded October 26, 2004 in Plat Book 71 at Page 6; and H. Draft of Second Amended Plat. Electronic versions of Exhibits F, G and H are submitted herewith. 0 EXHIBIT C Authorization to Represent 195 Cascade Lane, Aspen, Colorado 81611 Moore Family/Five Tree PUD, Block G, Lot 32 Parcel ID No. Parcel ID#27354111132 DOUGLAS AND KRISTEN RYCK.NIA-NV 195 Cascade Lane _aspen, Colorado' 81611 1312 Seaapra`' Lane Sanibel, Florida 33957 January 12, 21?? City of Aspen 130 South Chlem Sweet Aspen. Colorado 81611 Re. 195 Cascade Lane, City of Aspen State of Colorado — Parcel lb No. 271514111132 Mar Sir;Madam Phase accept this letter as autborl7zuon for Richard Y- Nelley, Jr, and the Nelley La%, Firth, LLC. d.._ Vw, ,ii to represent Ryckman Family 2012 Irrc%ocahle fr4st and Spousal Lifctimc Access Trust tib'n Douglas A, Ryckam in tonnecttnn %tith she Insubstantial Planned Development Amendment application for the above-refercnccd propeTtty, Rycl m;m Family 2012 lrrrvacable Trust l501*10S A, Rvckttsan, Donor Spousal Lifriime Mom Trust VNIo Douglas A. Ryckman �Zr:-.zn S. R."rt3ti , Donor EXHIBIT D Certification of Ownership 195 Cascade Lane, Aspen, Colorado 81611 Moore Family/Five Tree PUD, Block G, Lot 32 Parcel ID No. Parcel ID#27354111132 CERTIFICATION OF OWNERSHIP The undersigned, Richard Y. Neiley, Jr., an attorney licensed to practice law in the State of Colorado, Colorado Attorney Registration No. 9878, hereby certifies as follows: 1. The owner of Moore Family/Five Tree PUD, Block G, Lot 32, Pitkin County, Colorado, Parcel ID#27354111132 is Ryckman Family 2012 Irrevocable Trust and the Spousal Lifetime Access Trust for the Benefit of Douglas A. Ryckman dated October 5, 2021. Copies of the Pitkin County Assessor's records for the subject real property are appended hereto. 2. There are no mortgages, judgments, liens, easements, contracts or agreements affecting the use and development of the subject real property that could conflict with the approvals requested for the property. 3. The owner is entitled to use the land for the purposes set forth in this Application. The only easements affecting the subject real property are those shown on Improvement Survey Plat dated January 25, 2023, none of which affect the approvals requested in this Application. 4. There is legal access to the subject real property from a public right of way. The street address for the property is 195 Cascade Lane, Aspen, Colorado. 5. This certification is based upon my review of the records of the Pitkin County Clerk and Recorder and Pitkin County Assessor, the subdivision approvals for Moore Family/Five Tree PUD, and the Title Commitment dateDecember 9, 2022 issued by Title Company of the Rockies, Commitment No. 7001754-C6. ; RICHARD Y. NEILEY, JR. STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing Certificate of Ownership was acknowledged and signed before me this 27"' day of January, 2023, by RICHARD Y. NEILEY, JR. WITNESS my hand and official seal. My commission expires: Notary Public Agftblic.nef" Pitkin County, CO Summary Account R016796 Parcel 273514111132 Property Address 195 CASCADE LN, ASPEN, CO 81611 Legal Description Subdivision: MOORE FAMILY PUD Block: G Lot:32 Property Type RESIDENTIAL Acres 0.841 LandSgFt 0 Tax Area 87 Mill Levy 51.802 Subdivision MOORE FAMILY PUD Neighborhood MOORE P U D Super Neighborhood WESTASPEN View Mao Owners SPOUSAL LIFETIME ACCESS TRUST RYCKMAN FAMILY 2012 IRREV TRUST 1312 SEASPRAY LN 1312 SEASPRAY LN SANIBEL FL 33957 SANIBEL FL 33957 Land Unit Type SINGLEFAM.RES. - LAND Land Size Acres 0.84 Land Size SgFt 0 Buildings Building# 1 Bui (ding Type W ASPEN EXCEL/SUPER (DEP 02) Property Class SINGLE FAM RES-IMPROVEMEN Architectural Style 3 STORY Actual Year Built 2005 Effective Year Built 2006 Garden Level Basement 2,391 Finished Garage Heated 750 Wood Deck 242 First Floor 2,347 Second Floor 995 Total Heated SgFt 5,733 Bedrooms 5 Baths 5.5 Heating Fuel GAS Heating Type RADIANT FLOOR HEAT Air Conditioning CENTRAL Roof Type SHED Roof Cover COPPER Construction Quality EXCELLENT Exterior Wall WOOD SD GO STONE VEN Exterior Wall COPPER Interior Wall WOOD T&G PLASTER Floor WOOD CARPET Floor SLATE Neighborhood MOORE P U D Super Neighborhood WESTASPEN Actual Values Assessed Year 2022 2021 2020 Land Actual $4,000,000.00 $4,000,000.00 $3,600,000.00 Improvement Actual $8,284,600.00 $8,284,600.00 T $6,013,700.00 Total Actual $12,284,600.00 $12,284,600.00 $9,613,700.00 Assessed Values Assessed Year Land Assessed Improvement Assessed Total Assessed Click here to view the tax information for this parcel on the Pitkin County. Treasurer's website. Sales Sale Date Deed Type Reception Number 2/21/2002 WARRANTY DEED 464363 2/3/1999 WARRANTY DEED 427332 Recent Sales In Area Sale date range: From: 01/13/2018 (To: I 01/13/2023- Sales by Neighborhood Sales by Subdivision 1500 Feet v Sales by Distance Photos 2022 2021 2020 $278,000.00 $286,000.00 $257,400.00 $575,780.00 $592,350.00 $429,980.00 $853,780.00 $878,350.00 $687,380.00 Book - Page Sale Price $1,875,000 $850,000 Map View No data available for the following modules: Extra Features. Pitkin County presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the Developed by information and data contained in this electronic system is accurate, but the accuracy may change. Pitkin County makes no warranty or C1 Schneider guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing 1 Gf O s PAT 1 A L accuracy and reliability of information and data is the sole responsibility of the user. User Privacy Policy GDPR Privacy Notice Last Data Upload: 1/13/2023. 5:04:20 AM Version 2.3.239 EXHIBIT E Administrative approval by the Five Trees Design Review Board for building envelope modification dated January 12, 2023 with neighboring property owner approval 195 Cascade Lane, Aspen, Colorado 81611 Moore Family/Five Tree PUD, Block G, Lot 32 Parcel ID No. Parcel ID#27354111132 Eve Whiston, President Tanja Wojcik DESIGN REVIEW BOARD Bruce Etkin David Parker Erin Becker ]antes Koipela, Manager January 12, 2023 Doug and Kris Rycl man 195 Cascade Lane Aspen, CO 81611 Re: Lot 32, FiveTrees - Minor Building Envelope Modification Dear Mr. and Mrs. Ryckman, The minor building envelope modification requested for Lot 32 as depicted on the attached has been received by the District. As the improvements required to be included in the modified building envelope have been in place since construction in 2006, and since the adjacent neighbors have raised no objections to the improvements, the requested building envelope modification is administratively approved. Sincerely, Byx��Ie'_OL Jame orpela Distri Manager i Fl.gcit0fio St=$ton9'colum pico I .db < 195 Cascade -�d' y La :- t � 1 II building envelope adjustment 195 cascade lane u December 14, 2022 Re: Retaining wall on Lot 32, Moore Family PUD (Five Trees Subdivision); 195 Cascade Lane TO WHOM IT MAY CONCERN: I am the Five Trees neighbor directly south of lot 32 which is currently owned by Doug and Kris Ryckman. That home was built in 2006 and has been there for the past 16 years. I acknowledge that there is a 10+foot retaining wall that wraps around the driveway, and that this retaining wall does not conform to the 6-foot-high requirement for the Five Trees Subdivision and Metro District, I understand that the wall was built this way to preserve the privacy between our homes with large trees and natural landscaping. Otherwise, the wall would have been a stepped -up series of benches with less screening between our homes. I am fine with the retaining wall as it exists today. There is no need to change it, and I accept this non- conformity. Sincerely, �V oodrow Levin Blind 1212 LLC , Owner, Lot 31, Five Trees Subdivision 18 Cascade Lane, Aspen, CO 81611 December 14, 2022 Re: Retaining wall on Lot 32, Moore Family PUD (Five Trees Subdivision); 195 Cascade Lane TO WHOM IT MAY CONCERN; I am the Five Trees neighbor directly west of lot 32 which is currently owned by Doug and Kris Ryckman. That home was built in 2006 and has been there for the past 16 years. I acknowledge that there is a 10+ foot retaining wall that wraps around the driveway, and that this retaining wall does not conform to the 6-foot-high requirement for the Five Trees Subdivision and Metro District. I understand that the wall was built this way to preserve the privacy between our homes with large trees and natural landscaping. Otherwise, the wall would have been a stepped -up series of benches with less screening between our homes, I am fine with the retaining wall as it exists today. There is no need to change it, and I accept this non- conformity. Sincerely, rPif° alms eol( 12/20/2022 PerJohansson Cascade Aspen LLC, 171 Cascade Lane Owner, Lot 33, Five Trees Subdivision December 14, 2022 Re: Retaining wall on Lot 32, Moore Family PUD (Five Trees Subdivision); 195 Cascade Lane TO WHOM IT MAY CONCERN: I am the Five Trees neighbor directly south of lot 32 which is currently owned by Doug and Kris Ryckman. That home was built in 2006 and has been there for the past 16 years. I acknowledge that there is a 10+ foot retaining wall that wraps around the driveway, and that this retaining wall does not conform to the 6-foot-high requirement for the Five Trees Subdivision and Metro District. I understand that the wall was built this way to preserve the privacy between our homes with large trees and natural landscaping. Otherwise, the wall would have been a stepped -up series of benches with less screening between our homes. I am fine with the retaining wall as it exists today. There is no need to change it, and I accept this non- conformity. Sincerely, oodrow Levin Blind 1212 LLC , Owner, Lot 31, Five Trees Subdivision 18 Cascade Lane, Aspen, CO 81611 EXHIBIT F Improvement Survey Plat dated January 25, 2023 195 Cascade Lane, Aspen, Colorado 81611 Moore Family/Five Tree PUD, Block G, Lot 32 Parcel ID No. Parcel ID#27354111132 / ii �jjlp yp - E / 3 A ` � l = � Y•�, be • I 13 SID71�i�U y u,- e bIe0 III 9i V3 nt suf{".� �� -'l0. v r sL1�� rrt is uor�re ec�e Ga _ �gY ------- ------------------------- ------------------------------------------------------------------- A a _ - o _ o �m I �-v �v- 6 sUT Yex �a R iFw g oA p - #�>E� wr : se f 51ur's PFa"1' 2 111 s Sa;� is € 1 g ` UN � �s � o-,I- Zj— a[-s RIM sg 9�� �a If [ y f!a -Y _7 Aa- g e $§AA € d- 9--�ig H9 e3-3� ilk 3"� �3�i�° -�s�'i gCk§P� �9$ Y 3;ssS i �a;g gff a - §j ¢¢ y-Q. 6 g d �§y�g'.s Y miff pYs r�9 E 6�g3 s¢ v edFtl ' �F q g�6 ✓IY A 3 a I G 9^ y3inCq 9g ` i s 3As�'�--� 11 r [3` g � [ ; g� 9 o%fio ks• gs g9yA -�ii ,�ga ggsgp 3111 � 9ap�� 9g� �SSsg� gc, ¢a Awg$ It 39 9I ski€�� gGyG.�9� $ p' $ s �$ 2€�; to rt�- ° 1.J ti§e p� �7 9 S �a Vt �� � `3 Bray � 3 �S@fig l aRs �2 [ $# aAAI 97 r 3�rt =r ble pgpgN su; zs v a 7 aS °v ¢7 Esp '9cs' 0090r.*.007 �s€S6a1j33:g���g d m 0J m i z 1 p I 6�a } ? 1 9 • 6 C Q s �• O ¢? m N n. w o' Q G = nN m� O 3� 00 �0< 0O�(D N m --NOT �(D r (D 70 Q D N 0� CC n� owy(D 0 C)' -o CL to ( r 0 3 0 Z Q O M -- n m OO� rt C Gp > & r (D Q Q 73 - Improvement Survey Plat P Y SSGM r 195 Cascade Lane 118West Sixth Street,Suite 200 - 0 Count of Pitkin, State of Colorado Title Y Glenwood Spdngs, CO 81601 970.945.1009 m S EXHIBIT G First Amended Plat recorded October 26, 2004 In Plat Book 71 at Page 6 195 Cascade Lane, Aspen, Colorado 81611 Moore Family/Five Tree PUD, Block G, Lot 32 Parcel ID No. Parcel ID#27354111132 --------------- v.- go py A. 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In 8 z 0 1/25/23 REVIEW COPY Second Amended Plat 0 m co 51 d r N N N LO N O d I __ BE BE BE m N m BE Amended Building Envelope 7202 S.F. f, 0.165 Acres f sr BE m 38 L5 )0 J L11 F9 N J rn -m L13 J 1�: N Jm m rn co BE5 BE1 In rwn (9 J J _co mJ L29BE 38 38 -38 CO N -Al �O 38 38 BE L27 BE 38 38 L21 38 38 38 L22 38 38 L23 8 Lot 32, Block G, THE MOORE FAMILY PUD, A PLANNED COMMUNITY Situated within Section 14 Township 10 South, Range 85 West of the 6th Principal Meridian County of Pitkin, State of Colorado PURPOSE: The purpose of this Amended Plat is to amend the building envelope as depicted on the plat; FIRST AMENDED PLAT OF LOT 32, BLOCK G, THE MOORE FAMILY PUD recorded October 25th, 2004 at Reception No. 503395 in the Pitkin County Clerk and Recorder's Office. eft` • n �\ ( C� 1 �. o ; 8/ 'mod!- �f> i. LOOP Trl ��e�c� SMu���N•ST l'Moore Tr(/ -'-1A' ASPEN+ F • O `��S�hOotT •`^ ice. �' at = : W"4�(A Q 8 p 1 l a��r �`� �a,' w"oPKi W �14IN ST .a 5 Gulch \ Sterner e r //• 1 UZI r� 47 u\�X �- Thun b 15 . R I der' w�rrrl.4 1>3 VICINITY MAP Jill SCALE: 1 Inch = 2000 Feet LINE TABLE LINE # BEARING DISTANCE L1 N89°42'53"E 21.44 L2 N00.34'17"W 11.23 L3 N89°00'47"E 57.35 L4 S01.00'30"E 15.95 L5 S88'31'10"W 7.53 L6 S03°36'33"E 2.57 L7 N86.59'14"E 0.98 L8 S02'53'12"E 4.87 L9 S81.40'59"W 1.17 L10 S00°05'25"W 9.55 L11 N89°22'45"E 4.22 L12 S01 °20'12"E 20.44 L13 S88°39'48"W 3.65 L14 S01 °28'18"E 13.70 L15 S69°42'34"E 3.75 L16 S01 °11'19"W 9.30 L17 S72°24'42"W 6.17 L18 S07°57'48"W 12.93 L19 S85.09'19"W 14.25 L20 S39°30'43"W 6.67 LINE TABLE LINE # BEARING DISTANCE L21 S85'23'22"W 35.37 L22 S03.04'03"E 0.85 L23 S85'28'57"W 32.76 L24 N08°41'06"W 29.77 L25 N78°41'20"E 3.50 L26 S08'59'03"E 26.69 L27 N85°16'58"E 11.02 L28 N14°47'02"E 9.77 L29 N83°50'17"E 10.11 L30 N08'02'09"W 14.45 L31 N85°57'01"E 3.07 L32 N08°17'54"W 24.03 L33 N87'06'27"W 10.51 L34 N16.07'22"W 20.40 L35 N84'50'43"W 1.47 L36 N14.21'04"W 6.79 L37 N44`57'29"E 17.83 In U.S. Feet : 1" = 5- 0 N O O U) 00 �U u U) °' L •i O U CD��O'i O O LO EM 0_0 r V � Ho}+ V a W L i O O J U o E QCn .� O LO a o C i O U 00 2 �-C' C° U N O -O O ° p a- R N E > O c+�� U i C o> �O, E > U N E O O O Q- U O � � � O N � �s E1Ec° " O `O o�>E > >, ° c 3'E� . N M J N N O j y O.N�EF O� E O ° O O -C O C U U 0 co O c 0OU)..0 U C 7 1E a' a aC � U U O O �# N r7 cD I� CO rn N N U O C, .O N Z O-O O Job No. 2022-465.002 Drawn by: MH Date: 01 /25/2023 Approved: .. PLS: SB File: 195CascadeLaneAmended.dwg Title: Sheet No. Second Amended Plat 2 Of: 2