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Home My WebLink AboutLand Use Case.267 McSkimming Rd.0075.2015.ASLU~ 0079.2015.,4 6 4 14 267 MCSKIMMING RD ASPEN GROVE SUBDIVISIPON - SPECIAL REVIEW 2737-181-04-005 r 0079.2015.ASLU 267 MCSKIMMING RD ASPEN GROVE SUBDIVISIPON S - SPECIAL REVIEW ./ 2737-181-04-005 9-- SEA n,u 3 9/j Lo f AW r A 1 1 THE CrrY oF ASPEN Land Use Application Determination of Completeness Date: August 26, 2015 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 267 MeSkimming Road - Special Review and have reviewed it for completeness. a Your Land Use Application is incomplete: Please submit the following missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. -~i~Your Land Use Application is complete: / If there are not missing items listed above, then your application has been deemed complete. Please submit the following to begin the land use review process. 1) Digital pdf of the application. 2) 9 additional, complete hardcopy of the application 3) Review deposit of $3,250.00. 4) Please include sheets in the application showing proposed elevations and floor plans. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, Jennifer Phefhn, Deputy Planning Director City of Ash64 Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes - bIo--~2~b- Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No ~ Commercial E.P.F. Lodging 1 j A ir i ARCHITECTS 4 6 5 September 18, 2015 Good day, Enclosed you will find a public notice and images from an application for a special review variance to allow the garage at 267 McSkimming Road to be maintained in its current configuration regardless of whether the 40% demolition threshold is exceeded during a remodel/addition or not. The applicant wishes to remodel the existing residence at this location and add a small amount of square footage to the exterior of the building. If the demolition threshold of 40% of the total exterior surface area has been exceeded, it is the City's policy that all elements of the house be brought into conformance per current zoning regulations at the time of the application. Because of the property's location in the R-15B zone district, none of the city's residential design standards apply to the house. so the only thing which would be affected by exceeding the 40% threshold is the relationship of the garage and the front setback. Under the current design proposal, the property owners will be maintaining the majority of the existing foundation and portions of the existing facades. The location of the garage does not comply with the letter of the code, which stipulates the 30 foot front setback be measured from the property line, however the garage is more than 30 feet off of the edge of road. There are a number of residences in the immediate vicinity as the applicant property which have a similar (or worse) relationship to the road/setback than this property does which is i!lustrated on the attached A-01, "Neighborhood Context Diagram.' The relationship of the garage to the road is not a unique situazion in this area. No variances for height or floor area are being requested. There will not be any expansion of the house which moves the walls of the garage closer to the road, which would increase the nonconformity. The house and garage are slightly lower than the road and heavily screened by existing vegetation. which is illustrated on the attached sheet A-03, 'Existing Conditions - Photographs.' Neither of those site conditions are being changed as part of this application, and it is likely that a roof redesign for the house would actually make it less visible from the street. If you have any questions, please feel free to contact Dylan Johns or Jeff McCollum at Zone 4 Architects at (970) 429-8470. t- THE CITY OF ASPEN City of Aspen 130 S. Galena Street, Aspen, CO 81611 p: (970) 920.5000 f: (970) 920.5197 w: www.aspenpitkin.com NOTICE OF PUBLIC HEAR!NG RE: 267 McSkimming Rd. Public Hearing: October 6, 2015 @ 4:30 pm Meeting Location: City Hall, 130 S. Galena St., Sister Cities Room Project Location: 267 MeSkimming Rd. Legal Description: Parcel ID# 273718104005, Aspen Grove Subdivision, Lot 16, Block 1 Land Use Reviews Requested: Special Review to allow the garage to be maintained in its current position, which is within the front yard setback, upon the remodel of the structure. The remodel will trigger the technical definition of demolition, which is the removal of 40% or more of the existing above-grade structure. Once demolition is reached all non-conformities are expected to come into compliance. Decision Making Body: Planning & Zoning Commission Applicant: Andrew H. Firman Revoc?ble Trust, 1050 Matchless Drive, Unit 1, Aspen CO 81611 More Information: For further information related to the project, contact Sara Nadolny at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2739, sara.nadolny@cityofaspen.com. s# Rum Walterscheid, P&7 Chair Aspen City P&Z Published inthe Aspen Timeson Sept. 17.2015 â€¢*.3 r N 4 4. - ' 'Ig - , -2 . ad/* -- .....me Kli-,2,~ :,39, F 02 V , , 2 f K. 4...\ 4/ , 22/ â‚¬6. 4 1. I. 1 . 6. - 0 49396 329* -- 4.1 - g J 1 .61 , 193 12/ T 'AT M K 27 2 138 54#- ~ 21/ 10 5 m .? 20 -- / 1 D.. . . 1 Â£% .,a 32 9>1 9*- 4 1 130~ il ~ 1 â€¢ g -ew . 1 7~1;"tri M 0 -Fâ€žii A kÂ» NOTE ALL DIMENSIONSARE ESTIMATED ANO ROUNDED OFF TO â„¢E 1 NEAREST TENTH OF A FOOT THESE ESTIMATED DISTANCES WERE 62,1 \-M OBTAINED FROM THE CITY OF ASPEN GIS INTERACTIVE WEBSITE .il 11/ M 267 MISKIMMING ROAD RESIDENCES THAT ENCROACH UPON THEIR 30 FRONT YARD SET8ACK ALONG McSKIMMING ROAD N DISTANCE OF BUILDING [ENCROACHMENTI TO THEIR FRONT YARD PROPERTY BOUNDARY ~ 267 McSKIMMING ROAD RESIDENCE SPECIAL REVIEW .0 A-01 1 NEIGHBORHOOD CONTEXT DIAGRAM I SCALE AS NOTED 08 18 2015 CL AIC/ITECT WIC_ IKI.M/NG h. i.Â·. i P. \ , MISKIMMING ROAD - -..... i i ---- Â£0Â»e 1 >.1 -- i - - EXISTING DRIVEWAY /AUTO COURT l ir Â· . 7---777--7---7 i i 1 i 1 1 i 0 1 4*k- ' EXISTING GARAGE ENCROACHMENT 1 14 1 EXISTING ~ | GARAGE , Ating-EME_-2-ILIC<---_ ' 9.4 1 f / p r i 19 il I l' i i , ~| E NTF,~LE V EL ~ ~ ~ ~ ~ ~ ~ ~ ~ 1 E~ ' 11 f= 3 1 i 111 1 ' iii li I i ' ~~T L~~"'g~ii: ~~ 1 2 STORY 1 .., 1 0 HOUSE 1 3 i 1 1 - /-. . 11 2 2 9./ |L,-'WER LEVELI ' ' b' , ijai l i i / | DECK 1 ii 11 1 li j 1: ! i j .a:en ,' i 1 i li i L, f 1Â· i 1 7 -_ 1 1 It i ----3203 -- / 1 - 1 : 1 â€¢ 1MPROVEMENT~SEMENT 1/ BUILDING SETBACK 1.# N - I' l --i LOT BOUNDARY -- - W.- -- -- d ; i 7 -1 SKIMMING LANEE --- ! - .0 267 McSKIMMING ROAD RESIDENCE SPECIAL REVIEW A-02 1 SITE PLAN DIAGRAM I 1/8 =1Â·-0 08 18 2015 CL AICHIT/CT L07 BOUNDARY 08407 ..7. 27&*3**191&<fi -4 hlq 43 5 I :.le: 1 . ter"Pdy. ..S.. .' 111. . ..t.2 41,1 L.~--@:I *t '-1/ I 9. ' â€¢ 0 ,Â·4 22:-: 1 21.- . 1#./14'2243t* t.ik I -te.;Â«*22 1 1 ... .f= Â· .1 .Â· ~it J: 1=:t-- 4 . 2 ..a i - I ./ I. + I.- : 6,2/99* 1 3 ~'~~,;, :rj.,~'-7 ~ 1:.t Â·j~Â·6' .,1="1'. 9 ... 39/ ' L. . ' ' '. 7 ./ , I , I. ... I 4 - I: ~Â·- I 12 r Â· Â· -0-t- P. - - 9 - le - . -5.- 6 * I- ..1 Â· ./ Â· i . I - . e A .. 0. - . A I. . ... I .. -Le*.7 33---4+=EE=.--M-ffl~L ...'...../.-J LID -- 11 0 M- GrrJU -M-- 01 EXISTING WEST ELEVATION 02 EXISTING SOUTH ELEVATION =Un= Fl--1.....IMME....6-Ii; 1 1 i -In--7 ...'-... 1 1 1 I. 03 EXISTING EAST ELEVATION 04 EXISTING NORTH ELEVATION 267 McSKIMMING ROAD RESIDENCE SPECIAL REVIEW .0 A.04 1 EXISTING ELEVATIONS I 1/8Â·' =1'-0Â· 08 18 2015 CL L EXISTING GARAGE L 1 / w -r- ~tr -T ./ C ,. t:gu:.i~t:t~~T ~ i- -- . EXISTINGGARAGE ~ g I -'Â·.*tc i ./i --:,~~~ /'Ct-30Â· BUILDING SETBACK ~ B .Â·Â· -'1 1.Â·.C,et 81*Â·â€¢, -- 94.03 f DRIVEWAY / irt. 4.$*/ :IM:/ k i' IE 1%12,~Â°~RM~ 44.34.t.f.;~~' ~~4#11Â£6) . -. - .413 - Â·44 0 I A ./ - 5Â· 9 ' 42. 1; 4 NOTE THIS CONCEPTUAL ELEVATION DEPICTS â„¢E CURRENT PROPOSED DESIGN AND 3 TO BE USED FOR ILLUSTRATIVE PURPOSES ONLY ROOF FORMS PROVIDED FOR IUUSTRATIVE PURPOSES MAY BE MODIFIED AS DESIGN PROCESS EVOLVES 267 McSKIMMING ROAD RESIDENCE SPECIAL REVIEW .0 A-05 I PROPOSED [CONCEPTUAL] SOUTH ELEVATION I NOT TO SCALE 08 18 2015 CL AIC/IT.CÂ¥ City of Aspen Community D,pvelopment - P&Z 130 S. Gateria Strept , Aspen, CO 81059]11}i j ;11,11 ' !1111]i.jll fjjlpil i, 11,1" f IHIP " I In, 111â€ž lip -Â·--- ..Â· I IZOS .,#.0.1.1% 1 4.'.... ,..7 -.... , ACCAÂ·r *1/4*P- r r 62 rii -L,A -'.*//'-I -~Fl-..# . I- %4.-frl- Â¢ e~=::EFO;.4.>11- 7 14 fl Â¥o /1 - r.-1 L /"- USA ' ~ NON MACHINEAB11 W. lilli SALZMAN NELL 3005 W HAYWARD PL DENVER, CO#-~ External Media Located Here M-001137 > 2 RMMI [2 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0075. 2015.ASLU PARCEL ID NUMBERS 2737 181 04 005 PROJECT ADDRESS 267 MCSKIMMING ROAD PLANNER SAR NADOLNY CASE DESCRIPTION SPECIAL REVIEW REPRESENTATIVE ZONE 4 ARCHITECTS DATE OF FINAL ACTION 10/07/2015 CLOSED BY ANGELA SCOREY ON: 12/13/2015 .. @71Â¥1 1% |04001 0019.1-ols.KLU 6 Permits 11'*04, Ble Edit Record Navigate Fum Reports Format Iab Help ~ i@3'x) e -61Â©~ {ti. 14]93 Â·09.~*11 i > 201]ilumpl <@~i@'0~ 4 | i 2 0 2 3 1 2 0/1.@ 3 % a J 4,0 ~CuMom Fields I Rowing Status i Fee Summary 18cbons |Routing tlistory Permit type ~slu IAspen Land Use Permit # 00792015 ASLU 1 ./ Address 267 MCSKIMMING RD AMISuite ;St d '3? 1.1 1 CRY ASPEN state ~F6--17~ zip 81611 Â·Â·Â· 11F 1%-awk. 1 Q ~ Permit Information . ...,5~.40@%Â·"'p'OF'. 3*Fle: 1. ,~ ... 1 D ' Master permit Routing queue aslu15 Applied 08/27/2015 ly Â·Â·r. 4- 1 3 Project ~~- Status pending Approved v :f 4 Â·., g Description iAPPLICATION FOR ASPEN GROVE SUBDIVISIPON SPECIAL REVIEW Issued 1- L Closed/Final Submitte{ ZONE 4 DYLAN JOHNS Clock *I@-| Days F-01 Expires 08/21/2016 + i 4 Submitted vi8 ~ ~1, Owner 1 I Last name FIRMAN First name ANDREW 1050 MATCHLESS DR UNIT 1 4 i Phone (303) 589-5398 Address ASPEN CO 81611 ~ owner is appjicwit 0 Contactoris applicant? Last name ZONE 4 ARCHITECTS First name DYLAN JOHNS PO BOX 2508 ASPEN CO 81611 ~ Phone (970) 429-8410 Oust # 26269 Address ~ Email INFO@ZONEURCHETS CO ~ Lender Last name First name e Phone (} Address lia ]!AspenGold5 (se~er. angelas'~ 1 of 1 .: 82 -2 (010 c PAID 26Â» 4 311 LIT- M 9% 1Rt lels- Â»130 -0-0 f[ An# 5 - ~ad -0-15 J ock 1 2 0 c~ 5- \Nrek 00.111 sdnwoqgll 0 0 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: AseÂ»-- 9/8-Â»t Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) 4 .6 /441 LÂ«\ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (IE) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication ofnotice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than. fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication ofnotice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing "Affidavit of Notice" was acknowledged before me this'23 day of Odrokd , 20â‚¬-5 bf ,/4 62Â·Â·Â·-.-n PUBLIC NOTICE Of DEVELOPMENT APPROVAL WITNESS MY- HAND AND OFFICIAL SEAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title My commission expires: 11,54* f 24, Article 68. Colorado Revised Statutes, pertain- ing to the foltowing legally described property: As- L Aet fal-tyÂ»- pen Grove Subdivision, Lot 16, Block 1. Pitkin County, State of Colorado, PID# 273718104005. Approval has been granted for Special Review that allows the garage to be maintained in its current 10- cation after demolition, which encroaches approxi- mately 10.6' into the front yard setback, Planning & Notary Public Zoning Commission approval was granted on Au- gust 6th, 2015 through P&Z Resolution #19, Se ries of 2015. Foc further information contact Sara Nadolny, at the City of Aspen Community Devel- fammEFETREE- opment Dept. 130 8. Galena St, Aspen, Colorado (970) 429-2739, or sara.nadolny@cityofaspen.com, ATTACHMENTS: NOTARY PUBLIC sl City of Aspen Published in The Aspen Times on October 22, 1 NOTARY ID #19964002767 1 ~ STATE OF COLORADO | 2015.(11621075) COPY OF THE PUBLICATION - My Commission Expires February 15, 2016 .. DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit application submittal is accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date ofthis Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Andrew H. Firman Revocable Trust, 1050 Matchless Drive Unit 1, Aspen CO 81611 Property Owner's Name, Mailing Address Aspen Grove Subdivision. Lot 16, Block 1, commonly known as 267 McSkimming Rd Aspen CO 81611. Legal Description and Street Address of Subject Property The applicant has received approval to allow the replacement of a non-conforming structure after demolition. Specifically. the garage may continue to encroach into the front yard setback approximately 10'6" at its furthest point. Written Description of the Site Specific Plan and/or Attachment Describing Plan Special Review approval by the Planning and Zoning Commission via Resolution No. 19, Series of 2015 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) October 15,2015 Effective Date of Development Order (Same as date of publication of notice of approval) October 16.2018 Expiration Date of Development Order (The extension, reinstatement, exemption.from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 7th day of October, 2015, by the City of Aspen Community Development Director. 42*ZE Chris Bendon. Community Development Director .. AFFIDAVIT OF PUBLIC' NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: Â¢167 Pl<-3 i<.1,1,1IA 6-- Ao,e , Aspen, CO SCHEDULED PUBLIC HEARING DATE: O cio 2>EÂ· A 06 , 20 /9 SEP 2 1 2015 STATE OF COLORADO ) ) SS. County of Pitkin ) 1. lEÂ·i=p Mcco U.-C),1 (zeN# 1 AAÂ¢8 I-TU-Th, U,--2) (name. please print) being or representing aii Applicant to the City of Aspen. Colorado. hereby personally certify that I have complied with the public notice requirements of Section 26.304.()60 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation iii the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. 1~~0' Posting of notice: By posting of notice. which form was obtained from the 4>.1 Community Development Department, which was made of suitable, waterproof materials. which was not less than twenty-two (22) inches wide and twenty-six (26) inches high. and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the /8 day of 52-rre,138% , 20 257 to and including tile date and time of the public hearing. A pholograph of ihe posied notice (sign) is attached hereto. f~ Mailing of notice. By the mailing of a notice obtained from the Community JD~ Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is anached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach. summarized and attached. was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood ouireach summary, including the method of' public notification and a copy Of any documentalion that 11't/S presented to the public is attached hereto. (continued on next page) .. Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested. to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a mininium. Subdivisions. PI)s that create more than one lot, and new Planned Developments are subject to this notice requirement. Rezoning or text aniendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text ofthis Title is to be amended, whether such revision be iiiade by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other Sullicient legal description of, and the notice to and listing of names and addresses of ow'ners of real property in the area of the proposed change shall be waived. 1 lowever. the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 1- 1 sign4ture ,-4 The foregoing "Affidavit of Notice" was acknowledged before me this 18 day of ~> f78,4 62 K. , 2016, by AG 0511-1 (20'C' 2.4 14 â‚¬ Agus&1Gonzalez WITNESS MY HAND AND OFFICIAL SEAL Notaly Public State of Colorado My conimiss' mexFires: Notary ID 20084043073 My Commission Expires December 30, 2016 0/ 50 /aol-6 Notar# Public l.~ ATTACHMENTS AS APPLICABLE: â€¢ COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 .. . .,2 . > 16" 47' 4 ..1. C .. :th- 4 F. - PUBLIC NOTICE' * Date: Octob.6 2015 Time: 4 30 pm Place:Cil,Hall,130S Gal-St Sister Clt- Room Purpose: Andrew H Firman Revocable Trus! 1050 Mathless Or Aspen CO 816 1 as owner 01 this propefty. requests the ablitty lo maintain the garage nt ils current location after t.gglfing demolmon Mth a remodel The applicant wi# appear before P&Z at Itie above date;time to request Special Rev,ew approval For furthi ink)Intalion contact the ~lan/ng Dept at 970-920 5090 #731.......ix...............blit/49,&2& 31 1- . 1 $ I ,%, ,Â·feeÂ· A_ .,0 .. 7 *dir '. 9: 1 ' .. Pitkin County Mailing List of 300 Feet Radius From Parcel: 273718104005 on 09/09/2015 f~TRIN lou INT< -3.04) Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. http://www.pitki nmapsandmore. com .. - KAUFMAN MARGARET MITCHELL MARSH NANCY B TRUST BODEK LISE B 0009 ALICE LN PO BOX 507 0169 MCSKIMMING ASPEN. CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 FARNSWORTH JAMES W MGMT TRUST WADE ROBERT P COHEN EDWARD R & PATRICIA M 6009 LAKE ST 210 S GALENA ST 1901 BELFAST RD HOUSTON, TX 77005 ASPEN. CO 81611 SPARKS, MD 21152 PARTYKA VINCENT K KARNES CHRISTINE M CHECK RICHARD A 334 MC SKIMMING RD 2309 S VALLEY RD 2309 S VALLEY RD ASPEN. CO 81611 BERWYN, PA 19312 BERWYN. PA 19312 DOREMUS PROPERTIES LLC JOHNSON FAMILY TRUST ASPEN GROVE CEMETERY ASSOC 85 GLEN GARRY DR 318 OVERLAKE DR E 624 NORTH ST ASPEN, CO 81611 MEDINA, WA 98039 ASPEN, CO 81611 ZANIN JUDITH L TRUST ROSE JAMES JAY REDMAN KARI SURVIVORS TRUST 0308 MCSKIMMING RD PO BOX 2096 89 ARDMORE CT ASPEN. CO 81611 ASPEN, CO 81612 ASPEN. CO 81611 ADAMS JOHN W BLUMBERG JEROME & SUZANNE PLEASANT MOUNTAIN WEST LLC 166 COMMODORE DR PO BOX 2767 8501 NORTH MADRONE TR JUPITER, FL 33477 ASPEN, CO 81612 AUSTIN. TX 78737 283 ASPEN LLC SALZMAN JEFFERY QPR TRUST WERNING JOHN ROBERT 4809 COLE AVE #347 166 INDIAN HEAD RD 229 MCSKIMMING RD DALLAS, TX 75205 RIVERSIDE, CT 068782623 ASPEN. CO 81611 DONOHO LARRY D & CAROL A 318 MCSKIMMING ROAD LLC BESSIE LLC POBOX 4145 315 E HYMAN AVE #305 1693 E CEDAR AVE SAN MATEO, CA 94404 ASPEN, CO 81611 DENVER, CO 80209 SKIMMING LLC WAGMAN FAMILY TRUST SAANEN LLC 0133 PROSPECTOR RD # 4102M 1 W CENTURY DR #23A PO BOX 8 ASPEN,CO 81611 LOS ANGELES . CA 90067 WASHINGTON,NC 27889 KELLEY PETER F TRUST SALZMAN EMANUEL & JOANNE SALZMAN DANIEL & HOLLY 255 MC SKIMMING RD 1738 WYNKOOP ST STE 400 12313 SARDINIA COVE ASPEN, CO 81611 DENVER, CO 80202 SAN DIEGO, CA 92130 '. f .. ' SALZMAN ANDREW SALZMAN PETER SALZMAN JASON & ANNE BUTTON 12313 SARDINIA COVE 12313 SARDINIA COVE 3005 HAYWARD PL SAN DIEGO. CA 92130 SAN DIEGO. CA 92130 DENVER, CO 80211 SALZMAN DYLAN SALZMAN METTA SALZMAN AHTEM 3005 W HAYWARD PL 3325 WYANDOT ST 2325 WYANDOT ST DENVER, CO 80211 DENVER, CO 80211 DENVER. CO 80211 SALZMAN NELL BINKLEY TERRY ANNE REV TRUST 3005 W HAYWARD PL 13 ALICE LN DENVER, CO 80211 ASPEN, CO 81611 .. 4, THE CITY OF AspEN City of Aspen 130 S. Galena Street, Aspen, CO 81611 p: (970) 920.5000 f: (970) 920.5197 w: www.aspenpitl<in.com NOTICE OF PUBLIC HEARING RE: 267 McSkimming Rd. Public Hearing: October 6, 2015 @ 4:30 pm Meeting Location: City Hall, 130 S. Galena St., Sister Cities Room Project Location: 267 McSki mming Rd. Legal Description: Parcel ID# 273718104005, Aspen Grove Subdivision, Lot 16, Block 1 Land Use Reviews Requested: Special Review to allow the garage to be maintained in its current position, which is within the front yard setback, upon the remodel of the structure. The remodel will trigger thetechnical definition of demolition, which isthe removal of 40%or more of the existing above-grade structure. Once demolition is reached all non-conformities are expected to come into compliance. Decision Making Body: Planning & Zoning Commission Applicant: Andrew H. Firman Revocable Trust, 1050 Matchless Drive, Unit 1, Aspen CO 81611 More Information: For further information related to the project, contact Sara Nadolny at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2739, sara.nadolny@cityofaspen.com. s/ Rvan Walterscheid, 1'&Z Chair Aspen City P&Z Published in the Aspen Times on Sept. 17,2015 .. THE CITY OF AspEN City of Aspen 130 S. Galena Street, Aspen, CO 81611 p. (970) 920.5000 f: (970) 920.5197 w: www.aspetipitkin.com NOTICE OF PUBLIC HEARING RE: 267 McSkimming Rd. Public Hearing: October 6, 2015 @ 4:30 pm Meeting Location: City Hall, 130 S. Galena St., Sister Cities Room Project Location: 267 McSkimming Rd. Legal Description: Parcel ID# 273718104005, Aspen Grove Subdivision, Lot 16, Block 1 Land Use Reviews Requested: Special Review to allow the garage to be maintained in its current position, which is within the front yard setback, upon the remodel of the structure. The remodel will trigger the technical definition of demolition, which is the removal of 40% or more of the existing above-grade structure. Once demolition is reached all non-conformities are expected to come into compliance. Decision Making Body: Planning & Zoning Commission Applicant: Andrew H. Firmati Revocabk Irust, 1050 Matchiess Drive, Unit 1, Aspen CO 81611 More Information: For further information related to the project, contact Sara Nadolny at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2739, sara.nadolny@cityofaspen.com. 4 Rvan Walterseheid, P&Z â‚¬:hair Aspen City P&Z Published in the Aspen Times on Sept. 17.2015 .. MEMORANDUM TO: City ofAspen Board of Adjustment FROM: Sara Nadolny, Planner Technician THRU: Jennifer Phelan, Deputy Community Development Director RE: 267 MeSkimming Rd - Special Review MEETING DATE: October 6,2015 APPLICANT/OWNERS: ~TAFF RECOMMENDATION: Andrew H. Firman Revocable Trust, 1050 Staff has considered this request in conjunction Matchless Drive Unit 1, Aspen CO 81611 with the relevent review criteria, and found the request to not fully meet the required criteria. REPRESENTATIVE: Specifically, the literal enforcement of the Dylan Johns, Zone 4 Architects setback requirements of the R-15B zone district does not prevent the reasonable use of the LOCATION: property. 267 McSkimming Rd, Aspen CO 81611 Staff recommends the Board ofAdjustment deny CURRENT ZONING & USE: the applicant's request for Special Review Moderate-Density Residential (R-15B) zone approval for the garage location at 267 district, contains a single-family residence MeSkimming Rd. PROPOSED LAND USE: The parcel will continue to be used for a ~.....8#J:*.7. ar77~6 -'96,1 single-family residence. SUMMARY: ly,/0/RE,89-6.0,'61MiRmOitlFr~ 'jiqi .r&2/. ilij 1,4/'Hilivil The applicant is requesting Special Review ..:t*<eliaffier/&1#/fit/04~ggial/le4rqi =21/"/ approval to allow the replacement of a non- ~~~ i - 1~ conforming structure after demolition. When IM -I - ---- -~Re,ti,pr 2â€¢ *46 0 i~ a structure is demolished any existing 8-,<. t2**'L,g>i A.:.1.*, 1,1'.midi.:Ii C.1 nonconformity is expected to be brought into 52% *L<gLZU~.41*Flik6##,-- 9,Â» compliance. The home's attached garage Figure A: Image of subject site as seen from encroaches into the property' s front yard set- McSkimming Rd. back. The applicant is requesting Special Review approval to be allowed to maintain the garage in this location. Â©* LAND USE REQUESTS AND REVIEW PROCEDURES: The applicant is requesting the following land use approval: â€¢ Special Review - Replacement of nonconforming structures pursuant to Land Use Code Section 26.430.040. Board of Adjustment is the final review authority for this request. Page 1 0 f 4 .. PROJECT LOCATION AND BACKGROUND: The subject site is located in the R-15B zone district and is Lot 16 of the Aspen Grove ..Y#' ..1- Subdivision. 7=>. The Aspen Grove Subdivision ~ l ~ ./.-121===L / was first platted in 1958 (Book f .70- r- /. f /-.- 2, Pg 246). The R-15B zone 1 11 ,Â·... (77 district first appears in the City's i i' 1 .... 1987 Municipal Code, and is l i' 1 .\,1 exempt from Residential Design f J ~ ...~Â·--*---*2 Standards. : j The subject site contains a a /St EXISTING ~ single-family home that was &.14/ G,BRAGE : --------- 1 A Â· Â·Â· Â·Â· Â·Â· Â· Â·Â·Â· Â· - AUTO COURT '-. constructed in 1980. The flf< 4-,1 . - -.... existing structure is non- :1 4 conforming as it encroaches 13 approximately 10'6" into the i ~ Wumm |ENTRT LEâ€¢EL| ' site's 30' front yard setback. ; 9 1 /1 0 -=r= ...... EXISTING 1 1+ 1 2 STORY Figure B: Structure' s current j . Â· HOUSE ji ~Tl / placement on the site. 1 , J .1 # PROJECT SUMMARY: The applicant is proposing a remodel of the existing home which will include an addition to the rear and the full replacement of the structure's roof. The new addition will meet all setback requirements. The remodel will trigger demolition of the structure. The Code defines demolition as "To raze, disassemble, tear down or destroy forty percent (40%) or more of an existing structure (prior to commencing development) as measured by the surface of all exterior wall and roof area above finished grade and associated assembly and components necessary for the structural integrity of such wall and roof area." When a structure is demolished and rebuilt all non- conformities are expected to be brought into compliance. The garage is attached to the primary residence, and is therefore part of the same structure. Demolition calculations will be applied to the structure as a whole. The applicant is seeking approval to maintain the existing location of the garage, which extends within the front yard setback by approximately 10'6". The applicant is not proposing to expand the nonconformity any further than it exists currently. Through Special Review the Board of Adjustment may choose to approve, approve with conditions, or deny the replacement of this nonconforming structure. STAFF COMMENTS: There are two sections of Special Review criteria that are relevant to this application which pertain to dimensional requirements and replacement of nonconforming structures. Approval ofthe application depends on meeting all of the relevant review criteria. The proposal meets the dimensional requirements of the R-15B zone district in regards to mass, height and density; however, the structure does not meet the required 30' front yard setback requirement. The criteria may be met if the development is designed in a manner that is compatible with the surrounding land uses and is consistent with the purpose of the R-15B zone district. To this end the applicant has made the case that this nonconforming condition is consistent with the pattern of development found Page 2 0 f 4 .. throughout the immediate neighborhood, citing 11 examples of residences along MeSkimming Rd. where the front yard setback is not met (Exhibit C). The applicant also calls attention to the twelve foot /- ~ / area of unimproved right-of-way between the ~ / ~- property's front lot boundary and MeSkimming Rd. / / hill....F'ZINWN. 9 199- Setbacks are intended to serve as an area of relief ~p/ -m.~f~Al from development, and the right-of-way enhances this *f~ ~ -' ~$44~ 4.t. relief. The measurement taken from the furthest IEifM~I,"4*0.4/, 4..LAAE2~KER U encroaching point of the garage to MeSkimming Rd. ~ *F~ is 31'8" (See Exhibit B above). With the ~~. aforementioned neighborhood context combined with ~ ~ ~ the purpose of the front yard setback, Staff finds the / lli- -9 /. / criteria to be met. There is no change in how the property will be used if ~ Special Review approval is granted; a single-family & m..../1 residence will remain on-site. No changes are iq proposed that would lead to excess traffic or impact Figure C: Aerial shows area of unimproved ROW the availability of parking in the neighborhood, and there is no designated view plane in this area that 41 would be impacted by the development. Staff fr finds this criterion to be met. 0 , , 4 ~ F -* 1 The criteria for the replacement of nonconforming structures require the subject site to have unique ; ' < characteristics differentiating it from other . . ' .f-F-1 Â·Â· f-L <Â·~n~ 7 properties in the same zone district. The subject \ . ___J_ _L-Luâ€¢,1 site contains considerable slopes at the rear and i)"~~ 6 4 1., I. . ~ii- -Â·-Â·'~ {TfT -1'p~-[Fff,L. 2. 4- C.... 1 ' 1 both sides of the property. Although this is ) \ AMEÂ¥...U unusual for many areas of town it is not a unique '6 j 111 1 1 3 Hr 11 f condition for properties within the R--15B zone ; 1. 1 } - J district, as evidenced by Figure D. Unlike other v' 37-1 i 1 1 areas of town, the net lot area for the site is not 1 reduced due to steep slopes. Properties within the lf T - R-15B zone district further benefit by being 4 - - â€¢ES./.0â€¢ exempt from 8040 Greenline Review, which would ~, i limit development in steep areas. The garage may be placed in another location fully on-site. Staff does not find any characteristics unique to this property that differentiates it from other properties - 5 1 located in the same zone district. Staff finds this Â£ t criterion to not be met. i _ Figure D: Topo map of R-15B zone district with 2' The applicant is not requesting any increase in topographic lines. Subject site accented with star. dimensional variations associated with this proposal. Maintaining the garage in its current location represents the minimum variance that will make possible the reuse of the garage without its replacement in another location. However, the requested variation is not necessary to ensure reasonable use of the property. Furthermore, the literal enforcement of the setback requirement does not preclude the property owners from reasonable use of the property. Staff finds this criterion to not be met. Page 3 0 f 4 .. STAFF RECOMMENDATION: As stated earlier, all relevant criteria for Special Review must be met in order for approval to be granted. Staff was unable to find that this application met all necessary criteria for the replacement of this nonconforming structure after demolition. Therefore, staff recommends denial ofthe applicant's Special Review request. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): If the Board of Adjustment chooses to approve the applicant's request, the following motion may be used: 61 move to approve the request for Special Review approval as noted in Resolution , Series of 2015." If the request is not approved, the resolution will need to be modified. Attachments: Exhibit A - Site Plan Exhibit B - Review Standards Exhibit C - Application Page 4 of 4 .. RESOLUTION NO.~ (SERIES OF 2015) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING SPECIAL REVIEW FOR THE PROPERTY LOCATED AT LOT 16, BLOCK 1 OF THE ASPEN GROVE SUBDIVISION, COMMONLY KNOWN AS 267 MeSKIMMING RD, CITY OF ASPEN, PITKIN COUNTY, COLORADO Parcel ID: 273718104005 WHEREAS, the Community Development Department received an application from Andrew H. Firman Revocable Trust (Applicant), represented by Zone 4 Architects, requesting the Planning and Zoning Commission approve Special Review at 267 MeSkimming Rd; and, WHEREAS, pursuant to Chapter 26.430.040 of the Land Use Code, Special Review approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Director has recommended denial of the application; and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety and wel fare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves the request for Special Review to allow the replacement of a nonconforming structure after demolition, as illustrated in Exhibit A, attached. Specifically, the approved design allows the applicant to maintain the garage portion of the structure as currently exists - with this feature encroaching 10'6" into the front yard setback at its furthest point. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 1 .. Section 3: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Planning and Zoning Commission o f the City of Aspen on this 6th day of October, 2015. 1 Ryan Waltergeliuttt, Chairman 36-/0*0/lvl-â‚¬.~~~ 0LÂ·â‚¬2 - 80 - C,AtZ,(.,40 APPROVED AS TO FORM: Debbie Quinn, Assistant City Attorney ATTEST: Cindy Klob, Records Manager Exhibit A: Site Plan 2 .. Exhibit A Site Plan MeSKIMMING ROAD I l \ \ \ / 1 1 44... in I t 1 1 E jia/ EXISTING ! 8 S GARAGE g toÂ·Â· AUTO COURT J Filj /// 1- l: l 1 !1 ii I Ir~1 |ElirF, LEâ€¢, ELI Â« 1-- - 1 // I i Itt 1 1 1 EXISTING :/ : / 2 STORY ~ 11 HOUSE : i , 11 1,1 14~ .'1 43 V &181 el - |LO W,IMP LEâ€¢EL| 7 h-*-==w Tl ;/;; # + 11 gi E1 i ij DECK 1! 1 i :1 - - 1 1 1 : I f 111 ili 11 1 i! 1 11 Ala@M / i if , /: '' fi VAL- ;; li i li , W-%". I N.'PROVEMEgr Eâ‚¬2 MENT I: i // i (! 1 -,---1?in,237 SKIMMING LANE ----- ----- -- , , -------- .. Exhibit B Review Criteria 26.430.040. Review standards for special review. No development subject to special review shall be permitted unless the Planning and Zoning Commission makes a determination that the proposed development complies with all standards and requirements set forth below. A. Dimensional requirements. Whenever the dimensional requirements of a proposed development are subject to special review, the development application shall only be approved if the following conditions are met. 1. The mass, height, density, configuration, amount of open space, landscaping and setbacks of the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consjstent with the purposes o f the underlying zone district. --I Staff Response: This proposal meets the dimensional requirements related to mass, height, density, configuration, amount of open space and landscaping; however, the structure does not meet the 30' front yard setback requirement of the R-158 zone district. The applicant has made the case this condition is consistent with the pattern of development found throughout the immediate neighborhood, citing 11 residences along McSkimming Rd. where residences do not meet the front yard setback. There is a twelve foot area of land between the front lot boundary and McSkimming Rd. This area serves as an increased area of relief from development. The measurement taken from tile furthest point of the encroaching garage to McSkimming Rd. is 31'8". With the combined factors Of the neighborhood context and the purpose Of the front yard setback, Stafffinds the criterion to be met 2. The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts, including but not limited to the effects of shading, excess traffic, availability of parking in the neighborhood or blocking of a designated view plane. Staff Response: There is no change in how the property will be used if granted Special Review approval as compared to how it is currently used; the property will remain used as a single-family residence. There are no changes proposed that would [ead to excess traffic, change the availability of parking in the neighborhood, nor is there any designated view plane that would be impacted. Stafffinds this criterion to be met. B. Replacement of nonconforming structures. Whenever a structure or portion thereof, which does not conform to the dimensional requirements of the zone district in which the property is located is proposed to be replaced after demolition, the following criteria shall be met: 1. The proposed development shall comply with the conditions of Subsection 26.430.040.A above; 1 .. Staff Response: Refer to Staff response to criteria Al, above. Stafffinds this criterion to -*â€¢ be met. 2. There exist special characteristics unique to the property which differentiate the property from other properties located in the same zone district; Staff Response: The subject site measures 19,800 sq. ft. and has considerable slopes at the site's rear and both sides. Although this is unusual for most areas of town it is a common condition for properties within the R-158 zone district. Furthermore, unlike other areas of town, the net lot area for the site is not reduced due to steep slopes. Staff Jinds this criterion to not be met. 3. No dimensional variations are increased, and the replacement structure represents the minimum variance that will make possible the reasonable use of the property; and Sta# Response: There is no request for an increase in dimensional variations associated with this proposal. Maintaining the garage where it is, representing the replacement of the non-conforming structure in this instance, represents the minimum variance that wil[ make possible the reuse of the garage without its replacement in another location. However, the variation is not necessary for the applicants to have reasonable use of the property for a single-family residence, as proposed. Stafffinds this criterion to not be met. 4. Literal enforcement of the dimensional provisions of the zone district would cause unnecessary hardship upon the owner by prohibiting reasonable use of the property. Staff Response: Removing the garage from the front yard setback does not preclude the property owners from reasonable use of the property. Stafffinds this criterion to not be met. 2 EXHIBIT ' 1.0 ~WoG/,5- [-1 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE AIÂ©~Me,420ht en, CO SCHEDULED PUBLIC HEARING DATE: DCWO-Rf 61 <e- 4: 50 Â¢ v,n . 20\ 5- STATE OF COLORADO ) ) SS. County of Pitkin ) I, .+~11-21- '3)c-we-,1 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Â« Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) 12 1 IO 1@ 002- ILUOQ@Â£ U â€¢ +J + i A 0 0 4 =1 4-4 0 50 50 4 1 E- J cio J 9 12 41 0 Eb <1 "S.E.9 < L 1 4 9 9% $ sMESÂ·3 ti~@EMEE~ w r Â¢ -0 0 . C w .3 1 0- doe: 4 94 0 0 32 00 il 1 0>05 * '2 -8 9 2 09 -- o > E ,% e,u E â€ž -1 3- -1 1 P.' % 8i g 3- le 2 16,3 3 3 2= 61 1*bw&% 1 -2 5% & S = u EN O :2 .2 9 (1- 'Ezgis i C A 13 MEN -3 7 2 k CA "Ci .- U 1- 5 4 2 8 5 *g 0 0 0"5 0 1% 093 1 â‚¬ u ur .TE = c E ..0 5 ~ . ~ .~ s r,0 *~ % PT q li uouc 2â€ž0 C 9 60 bo 4 ce k ce 8 b ME=.8 M SM,-01 ..C U m 28 72. 0 94 M .E A Qi @Cift 3 0 4 8 + Ale 9 4 8 4. U W 00- CO C S ceota bo :14 M 2 -8 3 1 8 2 0 O - C voka 92 6.- 4-1 C E M 8 -1 2 i 45 % 1 72 0 3 g * 2 0 A E . 52 0 k --0 3* 4, 4 e 0 0 1 8 51Â·@ a id_92 28 ;E M â€ž2 A 9 8 Â« m A E c E N Q M "c e V) i:Z 0 1 0 0"1 2 ~ f "M ,9 5 4 Ul co C.9 9 2 t k Â·4 0 %3@EE@~~-4 E.-u "0 h 8 -14 6 0 0 0 3&3:8OEof 4 ..% - p k COD C L 7 7 f m 8 8 3 28 8 4 e 0 .5 0 8 .C E It 4 Qi N E @ E g Z M Â§1 8 0 2 9 2 tf E 5 w o Z 4 M NOTICE OF PUBLIC HEARING _ A E co u 5,0 > 9 * ce C -33 E RE: 308 S. Hunter St. 42 64 d "2 2 4 6 2 H C u W . (Â£_2 - ~) ~ Public Hearing: October 6,2015,4:30 PM 444 t ceog Meeting Location: City Haiti Sister Cities Room 5 Z 8 .5 8 .4 & 2 9 B .cl E .HE 130 S. Galena St., Aspen, CO 81611 Project Location: 267 McSkimming Rd. Legal Description: PID # 273718104005, Aspen 3m<EE Grove Subdivision, Lot 16, Block 1 14< UC} Description: The applicant is proposing a remodel - - .u C.c Roo 60 of the existing residence on the site that will trigger 403 + Â¢ the technical definition of demolition (the removal of 04/kl# 40% or more of the existing above-grade 819% = p= cs.tt M E O 11 C 50 9 *44 Â©k i. structure),and therefore would be expected to Rt,304 ~Me.80=Co.,do 44477 m A bring all nonconformities into compliance. The ga 2 r- rage encroaches into the front yard setback. The N client is requesting to maintain this nonconformity 1 1 c.2 - y with the remodel of the property. ) Land Use Reviews Reg: Special Review .... Decision Makin Body:Planning & Zoning Com- 4-4 mission ~-4 0 Applicant: Andrew H. Firman Revocable Trust, 1050 Matchless Dr. Unit 1, Aspen CO 81611 More Information: For further information related lo the project, contact Sara Nadolny at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2739, Sara.Nadolny@cityofaspen.com. Published in the Aspen Times on September 17, 2015.(11531733) 9102 Mineral Estate Owne the certified mailing of notice, return recei t trict map HOTION SWZINA#O ZIVISH 111IZINIA zIO NOTIVE) 4 1 ae ae by at least owne a a of the propo ed chan shall be w V CINVH AIN SS :DIE[EIVOIUddV SV SINIGI~IDV alIDIIONI STII)NE[f)~~INIZIWNAISIAOD 1 to or as part : SO.ndxo uotssittrUIOO S) ZIDIION (IUISOd HHI i t xt of h Title a ce to an us n s hours for fi ee ES â€žOONON JO 1!AEpyJVâ€ž zonin 11011 ad HILL iO AdOD .. ZONE SEP 2 1 2015 >6 3 ' ARCHITECTS LLC TRANSMITTAL To: . Sara Nadolny From: Jeff McCollum Date: September 18, 2015 Project: 267 McSkimming Road Sent Via: Drop Off Copies To: File Attached: Special Review I Public Affidavit Comments: Sara, We are providing you with the signed and notarized affidavit for "Posting of notice" and "Mailing of notice" relating to 267 McSkimming Road. Kindly, 0./.0.A- Jeffrey D. McCollom Imccollum@zone4architects.com 970142918470 Z:\Shared\Data\_Z4 Projects\1509 Firman\Admin\03-091815 Trans- SN.docx 1/1 .. ZONE ARCHITECTS LLC August 19,2015 HAND DELIVERY Ms. Sara Nadolny Cjty of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re. 267 McSkimming Road - Special Review Dear Sara: This is an application to consider a special review related to an existing garage encroachment into a front yard setback, and being able to maintain the existing garage footprint location if the 40% demolition threshold is surpassed and demolition is technically triggered due to a remodel on the residence and garage roof. The property's address is 267 McSkimming Road, the property ID is 273718104005, and is in the Aspen Grove subdivision as Block 1. Lot 16. In general, the existing residence was constructed in 1980 and appears to be in overall conformance with all dimensional requirements of the zone district, with the exception that the front most corner of the garage is 19'=4" from the property line and the zoning requires a minimum 30'-0" setback from the property line. If a measurement is taken from the edge of the road to the garage, that distance is 31'- 8" due to a fairly large offset of the property line and road. There are two exhibits included with this proposal which illustrate the general conditions of the neighborhood with respect to residence's proximity to property lines and a more detailed site plan of 267 McSkimming illustrating the site dimensions just described. Overall, as a neighborhood, there are many examples of properties being very close to their property lines, and in most cases being much closer than the subject property. The pattern of development would seem to indicate that most buildings meet the front yard setback requirements if measured from the edge of pavement, but not from their property lines. The property was recently purchased by a young couple who has recently started a family, and has lived full time in Aspen for 3 years. It is their intention to remodel this property to better accommodate their growing family, however there are some basic problems with the configuration of the house. As an example, there are four bedrooms in the residence, two larger rooms upstairs and two smaller rooms downstairs. Both of the upstairs bedrooms have their bathrooms integrated into the bedroom (old motel style). and the lower bedrooms are so small that a queen beds will not even fit into the rooms without nightstands. It is very straightforward to reconfigure the upper bedrooms to a more current style of living, and there is ample additional FAR available to expand the lower bedrooms by 5 .. or 6 feet in order to make them more functional, however there is an unintended consequence to doing those moves. Because the house has a relatively small footprint and is partially buried in the hillside, the surface area for walls which is used to calculate demolition is much less than it otherwise would be (only above grade wall surfaces may be used). In addition, the roof (illustrated by the attached existing elevations) has a very unique and non-typical design. Once the upper story rooms are reconfigured, the interior volumes become very oddly shaped, and would lead the design towards inclusion of reconfiguring the roofs as part of the remodel. in order to make the rooms feel more comfortable. The problem arises in that less than M of the roof can be disturbed (with any other changes to the wall surfaces) before the 40% threshold for demolition is triggered, and hopefully it is fairly easy to see how difficult it would be to disturb less than M of the roof surface and have a building which does not look like the architectural equivalent of Frankenstein's monster. Our request is to obtain a special review approval for the Ability to Restore a Non-Conforming Structure whjch has been purposefully demolished (per the code definition of that term) with the sole purpose of being able to maintain the existing location of the garage footprint (in the event that the threshold for demolition is triggered while undergoing a remodel to improve the functionality and aesthetics of the house). As the staff memo points out, the footprint of the house will be maintained and the general mass of the house will also be retained. Any remodel will fully comply with the dimensional requirements of the underlying zone district (with the exception of the front yard setback to the garage). We believe that requiring the complete relocation and reconfiguration of the garage and vehicular access due to a remodel of a 35 year old residence is an unfair burden to the property owner, especially when the development pattern of the neighborhood appears to be very similar to this property. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.312,030 Non-conforming structures 26.312.030.F Ability to restore 26.430.040.B Replacement of nonconforming structure 26.575.020 Calculations and Measurements 26.312.030. Non-conforming structures. A. Authority to continue. A nonconforming structure devoted to a use permitted iii the zone district in which it is located may be continued in accordance with the provisions of this Chapter. B. Normal maintenance. Normal maintenance to nonconforming structures may be performed without affecting the authorization to continue as a nonconforming structure. C. Extensions. A nonconforming structure shall not be extended by an enlargement or expansion that increases the nonconformity. A nonconforming structure may be extended or altered in a manner that does not change or that decreases the nonconformity F. Ability to restore. 2: Purposeful destruction. Any nonconforming structure which is purposefully demolished or destroyed may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title or unless replacement of the nonconformity is approved pursuant to the provisions of Chapter 26.430, Special Review. Any structure which is nonconforming iii regards to the permitted density of the underlying zone district may maintain that specific nonconformity only if a building permit for the replacement structure is issued within twelve (12) months of the date of demolition or destruction.* *A duplex or two single-family residences on a substandard parcel in a zone district permitting such use is a nonconforming structure and subject to nonconforming structure replacement provisions. Density on a substandard parcel is permitted to be maintained but the structure must comply with the dimensional requirements of the Code including single-family floor area requirements. .. Response: Section 26.312.030.F.2 allows for the replacement of a non-conformity in the event of purposeful demolition provided a special review is obtained (purpose of this application). Other than the garage encroachment, the property is otherwise conforming to the permitted density of the underlying zone district. The current plan for construction is to have construction commence as soon as the necessary demolition is completed. 26.430.040 Review standards for special review. No development subject to special review shall be permitted unless the Planning and Zoning Commission makes a determination that the proposed development complies with all standards and requirements set forth below. A. Dimensional requirements. Whenever the dimensional requirements of a proposed development are subject to special review, the development application shall only be approved if the following conditions are met. 1. The mass. height, density, configuration, amount of open space. landscaping and setbacks of the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the underlying zone district. 2. The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts. including but not limited to the effects of shading, excess traffic, availability of parking in the neighborhood or blocking of a designated view plane. Response: 1. With the exception of the garage projection into the front setback, the existing residence is within the dimensional requirements of the zone district, and any modifications or additions made as part of the remodel will conform with those requirements. The purpose of this special review is to ask that the garage not have to change as a result to other changes occurring as part of renovating the house. 2. There is currently fairly extensive landscaping between the garage and edge of road, and given the property line setback from the edge of the road. the existing structure would more than conform with the requirements of the underlying zone district code requirements. There will be no change of use or impact to the neighborhood in a way which is any more impactful than the existing structure currently is. B. Replacement of nonconforming structures. Whenever a structure or portion thereof, which does not conform to the dimensional requirements of the zone district in which the property is located is proposed to be replaced after demolition. the following criteria shall be met: 1. The proposed development shall comply with the conditions of Subsection 26.430.040.A above; 2. There exist special charactenstics unique to the property which differentiate the property from other properties located in the same zone district; 3, No dimensional variations are increased, and the replacement structure represents the minimum variance that will make possible the reasonable use of the property. and 4. Literal enforcement of the dimensional provisions of the zone district would cause unnecessary hardship upon the owner by prohibiting reasonable lise of the property Response: 1. Any renovations or additions to the property will comply with the conditions of Subsection 26.430.040.A except relative to the location of the garage relative to the front yard setback 2. This property has a relatively unique feature in that the property line is setback from the roadway by 13 feet. The closest corner of the garage is over 19 feet from the property line, making the actual setback of the garage from the road 31'- 8" and if the property line was at the edge of the road, and the setback was measured from that relationship; this property would be more than in compliance with the front yard setback for the underlying zoning. 3. This special review application is only seeking to allow the existing garage footprint which sits in the front yard setback to remain in its current configuration, regardless of whether demolition on the entire structure is triggered. This .. application is seeking the minimum level of variance necessary to maintain the existing footprint of the garage. which is the only reason the special review is necessary 4. Literal enforcement of the dimensional provisions of this zone district would require the complete removal and relocation of the garage, adding retaining walls to reconfigure the driveway, and adapt the house;s floor plan to accommodate the revised garage placement and grading. We believe that this would constitute an unnecessary hardship for the property owner, especially as the trigger for these actions pertain more to the relationship of the property line to the road than the effect that the structure has on the neighborhood. 26.575.020 B. Limitations. The prescribed allowances and limitations. such as height, setbacks etc., of distinct structural components shall not be aggregated or combined in a manner that supersedes the dimensional limitations of an individual structural component. For example. if a deck is permitted to be developed within five feet of a property boundary and a garage must be a minimum of ten feet from the same property boundary, a garage with a deck on top of it may not be developed any closer than ten feet from the property boundary or otherwise produce an aggregated structural component that extends beyond the setback limit of a garage. Non-conforming aspects of a property or structure are limited to the specific physical nature of the non-conformity. For example, a one-story structure which extends into the setback may not be developed with a second-story addition unless the second story complies with the required setback. Specific non-conforming aspects of a property cannot be converted or exchanged in a manner that creates or extends a different specific non-conforming aspect of a property. For example, a property that exceeds the allowable floor area and contains deck area that exceeds the amount which may be exempted from floor area cannot convert deck space into additional interior space. Response: There are no changes contemplated to the footprint of the garage within the encroachment area. Because of the existing roof shapes. if the roof of the house changes, the roof of the garage will likely need to change to reflect a coherent design, however adding an additional design element such as a second story is not being contemplated. H. Measurement of Demolition. The City Zoning Officer shall determine if a building is intended to be or has been demolished by applying the following process of calculation: At the request of the Zoning Officer. the applicant shall prepare and submit a diagram showing the following: 4. The surface area of all existing (prior to commencing development) extenor wail assemblies above finished grade and all existing roof assemblies. Not counted in the existing exterior surface area calculations shall be all existing fenestration (doors, windows, skylights. etc.). 5. The exterior surface area, as described above, to be removed. Wall area or roof area being removed to accommodate new or relocated fenestration shall be counted as exterior surface area being removed. 6. The diagram shall depict each exterior wall and roof segment as a flat plane with an area tabulation. Exterior wall assembly and roof assembly shall constitute the exterior surface of that element iii addition to the necessary subsurface components for its structural integrity, including such items as studs, joists, rafters etc. If a portion of a wall or roof structural capacity is to be removed, the associated exterior surface area shall be diagrammed as being removed. If a portion of a wall or roof involuntarily collapses, regardless of the developefs intent. that portion shall be calculated as removed. Recalculation may be necessary during the process of development and the Zoning Officer may require updated calculations as a project progresses. Replacement of fenestration shall not be calculated as wall area to be removed. New, relocated or expanded fenestration shall be counted as wall area to be removed. Only exterior surface area above finished grade shall be used in the determination of demolition. Sub-grade elements and interior wall elements, while potentially necessary for a building's integrity, shall not be counted in the computation of exterior surface area. .. According to the prepared diagram and area tabulation, the surface area of all portions of the exterior to be removed shall be divided by the surface area of all portions of the exterior of the existing structure and expressed as a percentage. The Zoning Officer shall use this percentage to determine if the building is to be or has been demolished according to the definition in Section 26.104.100, Demolition. If portions of the building involuntarily collapse. regardless of the developer's intent. that portion shall be calculated as removed. It shall be the responsibility of the applicant to accurately understand the structural capabilities of the building prior to undertaking a remodel. Failure to properly understand the structural capacity of elements intended to remain may result in an involuntary collapse of those portions and a requirement to recalculate the extent of demolition. Landowner's intent or unforeseen circumstances shall not affect the calculation of actual physical demolition. Additional requirements or restrictions of this Title niay result upon actual demolition Response: Because of the nature of how the demolition calculation is performed, structures which are built into hillsides are effectively penalized because they have less wall area to include in the baseline calculation. While this does not necessarily mean that this property would not still trigger demolition under a remodel, it does mean that there is much less latitude available before major ramifications are triggered. Thank you for your consideration, Dylan Johns Zone 4 Architects CC. File Applicant .. Me A Ir A ARCHITECTS â€¢ke September 18, 2015 Good day, Enclosed you will find a public notice and images from an application for a special review variance to allow the garage at 267 McSkimming Road to be maintained in its current configuration regardless of whether the 40% demolition threshold is exceeded during a remodel/addition or not. The applicant wishes to remodel the existing residence at this location and add a small amount of square footage to the exterior of the building. If the demolition threshold of 40% of the total exterior surface area has been exceeded, it is the City's policy that all elements of the house be brought into conformance per current zoning regulations at the time of the application. Because of the property's location in the R-15B zone district. none of the city's residential design standards apply to the house, so the only thing which would be affected by exceeding the 40Â°/0 threshold is the relationship of the garage and the front setback. Under the current design proposal, the property owners will be maintaining the majority of the existing foundation and portions of the existing facades. The location of the garage does not comply with the letter of the code. which stipulates the 30 foot front setback be measured from the property line, however the garage is more than 30 feet off of the edge of road. There are a number of residences in the immediate vicinity as the applicant property which have a similar (or worse) relationship to the road/setback than this property does: which is illustrated cn the attached A-01, 143ighborhood Context Diagram." The relationship of the garage zo the road is not a unique situation in this area. No variances for height or floor area are being requested. There will not be any expansion of the house which moves the walls of the garage closer to the road, which would increase the nonconformity. The house and garage are slightly lower than the road and heavily screened by existing vegetation, which is illustrated on the attached sheet A-03, "Existing Conditions - Photographs." Neither of those site conditions are being changed as part of this application, and it is likely that a roof redesign for the house would actually make it less visible from the street. If you have any questions, please feel free to contact Dylan Johns or Jeff McCollum at Zone 4 Architects at (970) 429-8470. 1 ' ./ 1- 2.- .,4/ -"6 2 2.7 dz ,â€¢,41 L._=3 42/ a.04 e t. 9 , f 94. :I *47 b -1 2 S. 41 9= .m tilED 1 - 1/96:3 . ''Zi, 6.4 Wy r.44% 7 - 7 %16/.2 19 3 U 120 SKIMMING LN 77 I 21/ lo 138' 7 : r. 43 ilip 9/4 -41-- 1 - 1 9,1 0 130 J = , 3-191 3121 1/81*. 33/ NOTE 2 0 ALL DIMENSIONS ARE ESTIMATED AND ROUNDED OFF TO THE ream Â».S NEAREST TENTH OF AFOOT THESE ESTIMATED DISTANCES WERE OBTAINED FROM THE CITY OF ASPEN GIS INTERACTIVE WEBSITE h./ 6 ~ 267 MISKIMMING ROAD RESIDENCES THAT ENCROACH UPON THEIR 30 FRONT YARD SETBACK ALONG MISKIMMING ROAD N - DISTANCE OF BUILDING [ENCROACHMENT! TO THEIR FRONT YARD PROPERTY BOUNDARY ~ 267 McSKIMMING ROAD RESIDENCE SPECIAL REVIEW .0 A-01 1 NEIGHBORHOODCONTEXT DIAGRAM I SCALE AS NOTED 08 18 2015 CiL ....1...T 19 MCSKIMIâ€¢,UNG h. 21 l * MeSKIMMING ROAD - , i i i 1 1 .di.=A , 6vt/f/5, 76.....-** i ' f .0 ..1 i -* . 7 MI-,kit- Mi - - ..10 111/U u.,VEWAY / AUTO COURT i 1 1 A ..1 / / , i 11 . / .' EXISTING GARAGE ENCROACHMENT i -- i EXISTING -- 4// GARAGE ~ , g~ 1 AUTO COURT r=1 1 -----Â»<7---i// i /0 fi j 1 1 1, 1 i,1 ' 1 2 l/ |ENTPI LEvELI EWEL/..f=32, ! i i/ 1-A .1 -1 /0/ : 2 ------ n- 'jE w li 1 6 : i =. 1 91Â« 015/ i | EXISTING 2 STORY i 1, 1 ~ HOUSE 1 1 i 1 a : , i l/ ILOWEI LEVELI 5'51 2 5 1 it i DECK 11 1 - 1 1, li 1: i 1 i/ ly j 1, 1 11 . / i r I 4*41 1 / i It I 11 1 fi i l' i 1 1 4 -- ---38029 i - i 1: 1 â€¢ IMPROVEMENT EASEMENT / 1 1 -1._ --/N Hy BUILDING SETBACK - li j - .il- LOT BOUNDA,RY - --aid -- SKIMMING LANE 267 McSKIMMING ROAD RESIDENCE SPECIAL REVIEW .e A-02 1 SITE PLAN DIAGRAM I 1/8" = 110Â· 08 18 2015 CiL 5 BUJLDJNG SE CK - ... =...... .2..0/ -/-. 1 fit . , 1.7 - ' '. F.. . .44 1 - *7 .4. ... L Â·Â· j ' I . 4 -1.4 %. '* 3 42, I ~ 6 ill, . Â· ..4 ..444 1/ 4, . r 1Â·I , 1 ,Â· 9.02 +AL j .. f' " 2. ..4 ./- 9, + 0 , . 1 Â·eew " - . 919 eÂ» . .* -â‚¬-1421 . . .,Er,â€¢ 4 *i/ZAR f *LiÂ·'-i â€¢'Â· 4 - 6- ..4.4-.- -._ ' ~~ ~6Â» . k -b~-4- . 3:tr " V.Â£,f,Â«. A B C NOTE PHOTOGRAPHS DEPICT EXISTING TREES AND VEGETATION [TO REMAIN) CURRENTLY SCREENING THE EXISITNG GARAGE 1 26-Al IA.In* N PHOTOGRAPH KEY PLAN 1 267 McSKIMMING ROAD RESIDENCE SPECIAL REVIEW ~ A-03 1 EXISTING CONDITIONS - PHOTOGRAPHS I NOT TO SCALE 08 18 2015 CiL A.CHITECT 411fMMIN//A- . r- . Upli 1 -Tli-- - - 93 EL= Tl~ . : 11- 01 EXISTING WEST ELEVATION 02 EXISTING SOUTH ELEVATION ,~2 1 1 : 11 111 11 1 03 EXISTING EAST ELEVATION 04 EXISTING NORTH ELEVATION 267 McSKIMMING ROAD RESIDENCE SPECIAL REVIEW .e A-04 1 EXISTING ELEVATIONS 1 1/8 = 1-0 08 18 2015 CL AIC/1TICT . L EXISTING GARAGE L UNOEMâ„¢,B~OPOSAL] - 19 1 P. m - w or I EXISTING GARAGE ENCROACHMENT LOT BOUNDARY -2 t,oorp.i.. ~C REMAIN UNDER Tâ€¢ls ~AoposAll \ /,Â»*130 BUILD"NG ...ACK " \ -.4.,7Â«1 34.*3*-I . ..54/1,25.. A . + 7 1<: -.'.IV: 41,A.#1 . 0 ...tr.... ' ... ':5 Â·g [EXISTING W â€¢EMAIN] - 55 N-E I THIS CONCEPTUAL ELEVATION DEPICTS â„¢E CURRENT PROPOSED DESIGN AND IS TO BE USED FOR ILLUSTRATIVE PURPOSES ONLY ROOF FORMS PROVIDED FOR ILLUSTRATIVE PURPOSES MAY BE MODIFIED AS DESIGN PROCESS EVOLVES 267 McSKIMMING ROAD RESIDENCE SPECIAL REVIEW .e A-05 I PROPOSED [CONCEPTUAL] SOUTH ELEVATION I NOT TO SCALE 08 18 2015 CIL A/CM1TICÂ¥ 0 0 - . i2 185 112 257 291 103 110 dy) 120 'n 33 2/3 ..e f/.1 6/ 1;3 ... 68 277 54 = 1n ....Ill 19 10 j 193 12 0' T 14 7 508 27 2' SKIMMING LN 216 # 13.8 M .4 E /,3 , + 223 ////-9 7 6, /// 1 1 040 22 25.0' iMMING "0 13.0' ~ 212 0 30 60ft 31 18 NOTE: ALL DIMENSIONS ARE ESTIMATED AND ROUNDED OFF TO THE NEAREST TENTH OF A FOOT. THESE ESTIMATED DISTANCES WERE OBTAINED FROM THE CITY OF ASPEN GIS INTERACTIVE WEBSITE 184 1345 LEGEND 267 MeSKIMMING ROAD ~ RESIDENCES THAT ENCROACH UPON THEIR 30' FRONT YARD SETBACK ALONG McSKIMMING ROAD N DISTANCE OF BUILDING [ENCROACHMENT] TO THEIR FRONT YARD PROPERTY BOUNDARY E-~ 267 McSKIMMING ROAD RESIDENCE SPECIAL REVIEW Mli~ A-01 1 NEIGHBORHOOD CONTEXT DIAGRAM 1 SCALE AS NOTED 0 8 182015 .ri ARCHITECTS 9% M (.SKI B.i,WINES 0 0 1 ... P.\ . :. i i I McSKIMMING ROAD 1 i I , i LOT BOUNDARY k =~ 14- .w. - 7--4 i 5 1\ EXISTING DRIVEWAY / AUTO COURT 1 l/ \ i iii ---- i :I / i- 1 iii i ..4 , 4\J I i .1 1 1 i 1 / EXISTING GARAGE ENCROACHMENT 1 j li. 1 1 1 Lu . ..0.- i 5; S EXISTING 1 ! / GARAGE 1 1 f W ; t/ 1 1 AUTO COURT---..___ 1 2/2 1 0 , DI r==1 1 9 -- 7-7-=- # f Mift 1!1 1 1 ! 6, 1 0 1 1, 1 i 1 -i it- / il j ..Id< [FITF (LEVEL] - iii 41-14' .lin ! i i / 1 11 ------- 11 -- jl 1 51-- C=4===1 It I ~ li 1 1 1 .3-44 . A- , , . ~' EXISTING - , - 2/ ,/ 2 STORY ~3- - ! -- 8 1 : HOUSE Â·Â· ~ H i--~i i i - 11 01 1 i 1 r -- 1 [LOWER LEVEL] / M Â· f/â‚¬5 A ' Â· f, 2 -e' 9 / U ito, 1 i i/ DECK If i %- i 'i i 1: i I ' - lii 11 ! '....113 ! E-Â·%99$.:.:4 1 1 RÂ«*<-Â·1 ..# 16 j 1 6 *'F....-Â· / i/ 4-0 11 1 ; i i i 1 1, i Edt- 1 - 1 1 L. 11 j 1 i li j 30'ROAD +IMPROVEMENT EASEMENT i 1! 1 N - 10' BUILDING SETBACK - 11 1 LOT BOUNDARY -- , -1 i Â«fLICILLILL---- SKIMMING LANE --- + - /, 1 267 McSKIMMING ROAD RESIDENCE SPECIAL REVIEW A-02 1 SITE PLAN DIAGRAM I 1/8" = 1'-0" 0 8 18 2015 ell ARCHITECTS LOT BOUNDA Y Nn08 .... .... --4/,Wirk/Hpan *WIR 2 <5,74 . 1 1 . 44,1 A..4:/MÂ·Â· :5*64%5~:.44,i~...ifi= â‚¬y . 21/6 -,Irme.:Â·Â·: DE Â·.LuM!52. -1 se .< 131~54*itiv#irvt-ANE,Imium&91 '. 'f 52 / 4 1 Jif , -4 49-:'~ 1/ :.79' . , t e ' . -s, .AÂ· Â· *05;.re-7 -'-. 02%3 *3 BA- I '4Â»2: 3 ' .t '*1 44.4 . . a , Â·94Â·Â· I - A .11, -3/-/,A 1 3. -. 1Â·-Â· Â·Ifref - . ./ . S, I.1 - .7 ..14. T. i : - 4-3 - -4 , 1, . I -82 I. r I L JIll. t. ft.,t : .j.< 4 Lt . I 1 1 I . i. . r# - :.. - I f 14 4598' .S. -4 .:F 9. i ./ . 5- 1 . 9 6. - 46: *.ef.,A 4,1 C :- 7 --- t.: + Â·Â· -1~ ' 1 -M,lkA + + ; 1.9& m -- 19'... ..,4 /93/.lk.,1 -,42*'ll/"gp/"/te/1 :f Z; ' + e.... I. 11= 4Â· A Â·r~ Â·2~wily,44-r Â·2Â·.957 **Clt. - J" .3>" 1 ''91) .' 4.- *:9#Â·i# S. '9 - 9Â£JLF;*41 94Â· , Â· ...16: ...9. f / 7 I.* U Iâ‚¬Z - --:rÂ·Â·,+v-2 -Aty i. 4. - ~- 10Â»JNÂ«Â»44Wy--3-- -1 412:.ti- .1-ti ~â€¢ P ./. -- ..CL-4//15 A B C NOTE. PHOTOGRAPHS DEPICT EXISTING TREES AND VEGETATION [To REMAIN] CURRENTLY SCREENING THE EXISITNG GARAGE 213 ~ 267 ~*~ 1\1 - â‚¬-- 2S5 % Ro ko A 44# N PHOTOGRAPH KEY PLAN (1) 267 McSKIMMING ROAD RESIDENCE SPECIAL REVIEW LO A-03 1 EXISTING CONDITIONS - PHOTOGRAPHS I NOT TO SCALE 08.18 2015 Cria ARCHITECTS 0 0. ,:2-H.Â¥.'ll.....'./.*Ill= blY -Â·Â·- rt. Mmiligge/~ 11 9,4 V...m./9 +964*r=---I ii i ii r-Tr-11- 1 +4526,=A=,â„¢A-Â·- +-Â¢Â¥#rnÂ·- - + 4= -- 1 11 - 1 1 ..1- ------- - - -IN.TU~- ---------- -- --- ------ il -- -1 01 EXISTING WEST ELEVATION 02 EXISTING SOUTH ELEVATION C=.45 1 -*. 1 +*/%./.IM,Â·-0 1 1 1 '*.:N-'.+ -=.. 1 RL_-lul 1 , 03 EXISTING EAST ELEVATION 04 EXISTING NORTH ELEVATION ARCHITECTS 0 0. , EXISTING GARAGE 1 [FOOTPRINT TO REMAIN ~' UNDER THIS PROPOSAL] ,1 ~ CURB 1%0--F " EXISTING GARAGE (~ 7 Â·Â· 1 .i ENCROACHMENT -: 1 li I . LOT BOUNDARY |FOOTPRINT TO REMAIN RE SITE PLAN UNDER THIS PROPOSAL] - , '30' BUILDING SETBACK A 4 A~-2,4.â‚¬Â¥f'g#. ,+~,--~~. +p5/7 f#faVYSic -5-V~**4.24 OUNAÂ»Uks. 7 4. ~ DRIVEWAY /~&- t' d.'.~~Â¢&~ 8. ,~r~~ [EX~~2~22~224~~iN/61#*4#03," '6. -- -Â·,r <Th.1 -Â·,54,;.-4>Â·....D*tÂ·~~.1,Â¥Â¢f?,B'U~Â¥fÂ·;*-3~ I- ..r .. 1 ...;iÂ¥:rf:/4/22#W,J#r-> p.- , *,â€žIll-------il.REY 5/20 343Â¥7 *tege-1,4,2' /4 2 -Fril. 14< 4:: --4422;~j~tÂ» <~1~21*~~6)~=: 5- ./ParWitiN*"51%+9#~4* 4918*/2/P# C.Pit..1 ..Â¢ , I .2 .p<**O,k .el ~ ;:~ ~~~~ ~0:~ ~~~~~~~~~~ ~ ~' Ve,0.M, NOTE THIS CONCEPTUAL ELEVATION DEPICTS THE CURRENT PROPOSED DESIGN AND IS TO BE USED FOR ILLUSTRATIVE PURPOSES ONLY ROOF FORMS PROVIDED FOR ILLUSTRATIVE PURPOSES MAY BE MODIFIED AS DESIGN PROCESS EVOLVES 267 McSKIMMING ROAD RESIDENCE SPECIAL REVIEW .Li A-05 1 PROPOSED [CONCEPTUAL] SOUTH ELEVATION 1 NOT TO SCALE 08. 18 2015 Clu ARCHITECTS .. ZONE ; CU *- CITY OF ASPEN AUG 2 8 2015 17-9/<-1 ARCHITECTS LLC TRANSMITTAL To: Jennifer Phelan From: Jeff McCollum Date: August 28, 2015 Project: 267 McSkimming Rd Sent Via: Drop Off Copies To: File Attached: P+Z Documents 1 9 Copies Comments: Jennifer, Dylan and I are providing you with 9 additional copies of the required P+Z documents upon learning that our application was deemed complete. Please let us know if you need any additional information. Kindly, 9.1-14- Jeffrey D. McCollum imccollum@zone4architects.com 970142918470 " t . 1!- Z:\Shared\Data\_Z4 Projects\1509 Firman\Admin\01-082815 Trans-JP.docx 1/1 00-11* *6 Â· 26 Lut . o CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny, 970.429.2739 DATE: August 5, 2015 PROJECT: 267 McSkimming Rd REPRESENTATIVE: Dylan Johns & Jeff McCollum, Zone 4 Architects, 970.429.8470 REQUEST: Special Review DESCRIPTION: The applicant is interested in a remodel of the existing residence on the site that involves the complete replacement of the structure's roof. The remodel will cause the removal of 40% or more of the structure, resulting in achieving the technical definition of demolition. The subject parcel is located in the R-15B zone district and is therefore exempt from Residential Design Standards. The garage of the existing structure encroaches into the front yard setback. When a structure is considered demolished, all non-conformities are expected to be brought into compliance. The applicant is not changing the footprint of the building, and would like to be allowed to maintain this non-conformity with the change in roof form. To do so the applicant will need to appear before the Planning & Zoning Commission for Special Review. The applicant will need to respond to the review criteria found in the Special Review section of the Code, as indicated below, and show how the proposed project meets these criteria. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www. aspen pitki n. com/Portals/0/docs/C ity/Comdev/Apps%20and%20 Fees/2013%20Iand%20use%20a pp%20form.pdf Land Use Code: http://www. aspen pitki n. com/Departments/Com m u nity-Development/Planni ng-and-Zoni nq/Title-26-Land-Use- Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.312.030 Non-conforming structures 26.312.030.F Ability to restore 26.430.040.B Replacement of nonconforming structure 26.575.020 Calculations and Measurements Review by Staff for complete application Public Hearing Planning & Zoning Commission Planning Fees: Planning Deposit - $3,250 for 10 hours of Staff review time/hearing Total Deposit: $3,250 (additional planning hours over deposit amount are billed at a rate of $325/hour) To apply, submit the following information: ASLU Special Review 267 McSkimming Rd 73718104005 1 AUG 2 0 2015 .. n Completed Land Use Application and signed fee agreement. D Pre-application Conference Summary (this document). m 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. m 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. m HOA Compliance form (Attached U 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, m A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. U Written responses to all review criteria. m An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. [3 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: U 9 additional copies of the complete application packet and, if applicable, associated drawings. U Total deposit for review of the application. 0 A digital copy of the application provided in pdf file format. U A sketch up model will be required for the public hearing. 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. 2 Mr. 1 +Imiv r-wn 4ERMANENT FILESE)19*CCÂ· 06 COMMUNITY DEVELOPMENT DEPARTMENT ~ AUG.2 0 2015 Agreement to Pay Application Fees , r' .t N An agreement between the City of Aspen ("City') and -1& 1{'' phone No.: (10703;~ 901-591â‚¬> Property Andrew Firman Revocable Trust Owner Cl'). Email: Al/\AIR.A.. Fl@..P~ rv\Al ~ . coyl.1 Address of 267 McSkimming Road Billing 1090 1\AA,\AlleÂ£%3> PE. lAyld- i Property: Address (subject of (send bills her~) Asp'04/\ , CO 01 le Il application) 1 understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees forthis 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. 0 Select Dept 0 Select Dept $ flat fee for . $- flat fee for O Select Dept O Se[ect Review $ 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 mailed by the City to the above listed billing address and not returned to the City shall be consjdered by the City as being received by me. 1 agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 3,250 4 10 4 deposR for hours of Community Development Department stafftime. Additional time above the deposit amount will be billed at $325 per hour. $0 0 deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $275 per hour. City of Aspen: Property Owt. .. .--1-- Chris Bendon Community Development Director Name: AV\40Â·f,W 14 1<YMArl t Title: ,4.1 fi~lt?zi-t- Felu[=: $ 3250 4 Received: $~ Januan' 2015 City of Aspen I 130 S. Galena St. I (970) 920-5090 .. ATTACHMENT 2-LAND USE APPLICATION 0079'20{5Â· ASt-lA PROJECT: Firman Residence Name: Location: 267 McSkimming Road, Aspen CO Aspen Grove subdivision as Block 1, Lot 16 (Indicate street address, lot & block number, legal description where appi-opriate) Parcel ID # (REQUIRED) 273718104005 Arm.ICANT: 4 ./ -1 I 'C + 3 Andrew H. Firman Revocable Trust Name: 1050 Matchless Drive Unit 1, Aspen CO 81611 AUG 2 0 2015 Address: (303) 589-5398 Phone #: 'f/,4, tet REPRESENTATIVE: Name: Zone 4 Architects, LLC IrA,foâ‚¬=*onâ‚¬- 44.r-ck,ke, 4-sÂ·crl Y~-â€¢ 35(o,a 1ckB 5 Address: P.O. Box 2508 Aspen, CO 81612 970-429-8470 Phone #: TYPE OF APPLICATION: (please check all that apply): 01 GMQS Exemption U Conceptual PUD U Temporary Use 1 GMQS Allotment U Final PUD (& PUD Amendment) U Text/Map Amendment F] Special Review U Subdivision El Conceptual SPA U ESA - 8040 Greenline, Stream ~ Subdivision Exemption (includes U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane Commercial Design Review U Lot Split U Small Lodge Conversion/ Expatision Residential Design Variance U Lot Line Adjustment El Other: Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) There is an existing single family residence of approximately 2600 sf. FAR and attached garage, which was constructed in 1980 according to the assessor records. No previous approvals were found in an online search of the city's records for this property PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Perform a remodel and addition to the building which would retain the existing footprint. Building additions on the exterior would be limited in size, with a potential larger interior expansion within the building's existing volume. Have you attached the following? FEES DUE: $ 3250 U Pre-Application Conference Summaly E Attachment# 1, Signed Fee Agr eelnent D Response to Attachment #3, Dimensional Requirements Form ~1 Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards U 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. m El m .. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project- Firman Residence Applicant: Andrew H. Firman Revocable Trust Location: 267 McSkimming Road Zone District: R-15B Lot Size 18,991 SF per August 3, 2015 survey Lot Area: 17,218 SF (no slope reduction for R-15B zone district) (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, cascments, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Exist ing.. N/A Proposed: N/A Number of residential units: AIristingÂ· 1 Proposed. 1 Number ofbedrooms: E.risting. 4 Proposed: 4 Proposed 9/0 ofdemolition (Historic properties only): NA DIMENSIONS: 2 669 3.268 Floor Area: Existing: 1 Allowable: 3,268 Proposed: Principal bldg. height: Existing: 25 Allowable: 25' Proposed: 25 Access. bldg. height: Existing. NA Allowable: 25 /4'OposedÂ· NA On-Site parking: Existing: 2 Required: 2 Proposed: 2 % Site coverage: Exist/ng: NA Required: NA Proposed: NA % Open Space: Existing: NA Reqitived: NA Itoposed: NA Front Setback: Existing; 19.2' Required: 30' Proposed: 19.2 Rear Setback: Existing: 56.9 Required: 10'15 acc Proposed: 56.9 Combined F/R: Existing: NA Required: NA Proposed: NA Side Setback: /fristing. 18.7' Required: 9 Proposed: 18.7' Side Setback: Existing. 35.5' Required: 5' Combined Sides: Existing: __ NA_ -Required: NA Proposed: NA Distance Between Existing NA Requiredl NA Proposed: NA Buildings Existing non-conformities or encroachments: Existing garage encroaches 11.8' into front setback Variations requested- Maintain existing garage encroachment of 11.8' into front setback .. Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to inc!ude a Homeowner Association Compliance Form (this form) certifying the scope of work included iii the land use application complies with all applicable covenants and homeowner association poliejes The certification. must be signed by the property owner or Attorney representing the property owner. Property Name: ~V1IS].W~V F{ frot(-2/\ Owner ("li Ernail: KMv~ByvIAXIORMdi, 60*1,phone No.: (476)381Â·- 6 COP J Address of 2(2 t- M ot-14 via Â¥W, yi A tel . Property: aNAU; ff401 j CO 01 (01 I I certify as follows: (pick one) LyÂ£l This property is not subject to a homeowners association or other form of private covenant. # ID Thi S property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. Ll 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 e#bÂ¢ of private covenants or homeowner association rules or bylaws. 1 understand that this document i#* .dblic document. C- 1 Owner signature: --1==========>-- date: 3 ~13/1 5- --,Â« Owner printed name: MAGM Pe. 9 1-1 ew\Â«yl or, Attorney signature: date: Attorney printed name: /0 .. August 18, 2015 City of Aspen Community Development Department 130 South Galena Street, 3rd Floor Aspen, CO 81611 RE: 267 McSkimming Road To Whom it May Concern: Zone 4 Architects has the authorization of Adyr#/ 9 F pplq# e property Owner, to meet with City of Aspen officials as well as submit any required land use applications, permit appjjcations, and change orders for the sole purpose of remodeling the existing residence and property currently designated by the address 267 McSkimming Road in Aspen, Colorado and having a Parcel ID #273718104005. Address WEED MOR/lleSS k \Uit 1 AeÂ«i , CO 816 1 1 Phone # (93)501-531Â© .. VICINITY MAP I N.T.S. _ '~0~&4 ''Â·'e t:,1. 42. 0 . + 11) t .0 9 Â·2 1.1, Vrer 2 Se rch 1â‚¬19 A ;-. . 02 0% Soctely e .~lailato th t.4 - - : /1... 44<10 '5591'14' 2 -5 0 91/8/eek ur .9 r 2 4 =50 n lI 2.9. 4 94 4 1' 9 2.'1 114â‚¬51 0 ~ E Bieeker St n. ./ n Gil W Hopkro 0 J , - 41/V - 1'- i) f, 11 liotel Jerome N .1 0 r ~- (871 2 Go U.) 13 42,-7 r 1-D 3 1 4 CD rjek ~*.o b ur CO '00 42 M q > E Myrna:1 Ave D-1 D:13 Ilie Rec. Onioi -PROJECT SITE * R \ 1. 3 2 Asoen Mou'ltal, 1 - ro .2 SKI Ile 501 - Ascei. 2 14 109 I .1 1 7 f 1 '-0 /4 Waters Ave s.t4 0 ilk Ihe Gant a P,84ee, Gutch : Vt --21 x 21 i T Â·Â·4: 2 7 1 61 4 41 1 I . -1 8/i 0 '11 1 9% E S 4 u:/h in 'T- / /1 2 93 12/ 1 --: 6 - 0 .00 4 + r p 4 * 92 6 j .L .La => f -0 / LyÂ· -=ij. 4 1 S h J /\ i \ 1 A D /- Eil 3/f ) 4.71 2--*1-~ -0 Project Site: 267 McSkimming Road, Aspen, CO 81611 Aspen Grove; Block: 1; Lot: 16 Parcel ID#: 273718104005 Garmach 1 4 <6-i 40 Den .. ZONE ....-..,... . ..1 ... -. i mr 1 ARCHITECTS LLC August 19,2015 HAND DELIVERY Ms. Sara Nadolny City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: 267 McSkimming Road - Special Review Dear Sara: This is an application to consider a special review related to an existing garage encroachment into a front yard setback, and being able to maintain the existing garage footprint location if the 40% demolition threshold is surpassed and demolition is technically triggered due to a remodel on the residence and garage roof. The property's address is 267 McSkimming Road, the property ID is 273718104005, and is in the Aspen Grove subdivision as Block 1, Lot 16. In general, the existing residence was constructed in 1980 and appears to be in overall conformance with all dimensional requirements of the zone district, with the exception that the front most corner of the garage is 19'-4" from the property line and the zoning requires a minimum 30'-0" setback from the property line. If a measurement is taken from the edge of the road to the garage, that distance is 31'- 8" due to a fairly large offset of the property line and road. There are two exhibits included with this proposal which illustrate the general conditions of the neighborhood with respect to residence's proximity to property lines and a more detailed site plan of 267 McSkimming illustrating the site dimensions just described. Overall, as a neighborhood, there are many examples of properties being very close to their property lines, and in most cases being much closer than the subject property. The pattern of development would seem to indicate that most buildings meet the front yard setback requirements if measured from the edge of pavement, but not from their property lines. The property was recently purchased by a young couple who has recently started a family, and has lived full time in Aspen for 3 years. It is their intention to remodel this property to better accommodate their growing family, however there are some basic problems with the configuration of the house. As an example, there are four bedrooms in the residence, two larger rooms upstairs and two smaller rooms downstairs. Both of the upstairs bedrooms have their bathrooms integrated into the bedroom (old motel style), and the lower bedrooms are so small that a queen beds will not even fit into the rooms without nightstands. It is very straightforward to reconfigure the upper bedrooms to a more current style of living, and there is ample additional FAR available to expand the lower bedrooms by 5 .. or 6 feet in order to make them more functional, however there is an unintended consequence to doing those moves. Because the house has a relatively small footprint and is partially buried in the hillside, the surface area for walls which is used to calculate demolition is much less than it otherwise would be (only above grade wall surfaces may be used). In addition, the roof (illustrated by the attached existing elevations) has a very unique and non-typical design. Once the upper story rooms are reconfigured, the interior volumes become very oddly shaped, and would lead the design towards inclusion of reconfiguring the roofs as part of the remodel, in order to make the rooms feel more comfortable. The problem arises in that less than 14 of the roof can be disturbed (with any other changes to the wall surfaces) before the 40% threshold for demolition is triggered, and hopefully it is fairly easy to see how difficult it would be to disturb less than M of the roof surface and have a building which does not look like the architectural equivalent of Frankenstein's monster. Our request is to obtain a special review approval for the Ability to Restore a Non-Conforming Structure which has been purposefully demolished (per the code definition of that term) with the sole purpose of being able to maintain the existing location of the garage footprint (in the event that the threshold for demolition is triggered while undergoing a remodel to improve the functionality and aesthetics of the house). As the staff memo points out, the footprint of the house will be maintained and the general mass of the house will also be retained. Any remodel will fully comply with the dimensional requirements of the underlying zone district (with the exception of the front yard setback to the garage). We believe that requiring the complete relocation and reconfiguration of the garage and vehicular access due to a remodel of a 35 year old residence is an unfair burden to the property owner, especially when the development pattern of the neighborhood appears to be very similar to this property. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.312.030 Non-conforming structures 26.312.030.F Ability to restore 26.430.040.B Replacement of nonconforming structure 26.575.020 Calculations and Measurements 26.312.030. Non-conforming structures. A. Authority to continue. A nonconforming structure devoted to a use permitted in the zone district in which it is located may be continued in accordance with the provisions of this Chapter. B. Normal maintenance. Normal maintenance to nonconforming structures may be performed without affecting the authorization to continue as a nonconforming structure. C. Extensions. A nonconforming structure shall not be extended by an enlargement or expansion that increases the nonconformity. A nonconforming structure may be extended or altered in a manner that does not change or that decreases the nonconformity F. Ability to restore. 2.:- Purposeful destruction. Any nonconforming structure which is purposefully demolished or destroyed may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title or unless replacement of the nonconformity is approved pursuant to the provisions of Chapter 26.430, Special Review. Any structure which is nonconforming in regards to the permitted density of the underlying zone district may maintain that specific nonconformity only if a building permit for the replacement structure is issued within twelve (12) months of the date of demolition or destruction.* *A duplex or two single-family residences on a substandard parcel in a zone district permitting such use is a nonconforming structure and subject to nonconforming structure replacement provisions. Density on a substandard parcel is permitted to be maintained but the structure must comply with the dimensional requirements of the Code including single-family floor area requirements. .. Response: Section 26.312.030.F.2 allows for the replacement of a non-conformity in the event of purposeful demolition provided a special review is obtained (purpose of this application). Other than the garage encroachment, the property is otherwise conforming to the permitted density of the underlying zone district. The current plan for construction is to have construction commence as soon as the necessary demolition is completed. 26.430.040.Review standards for special review. No development subject to special review shall be permitted unless the Planning and Zoning Commission makes a determination that the proposed development complies with all standards and requirements set forth below. A. Dimensional requirements. Whenever the dimensional requirements of a proposed development are subject to special review, the development application shall only be approved if the following conditions are met. 1. The mass, height, density, configuration, amount of open space, landscaping and setbacks of the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the underlying zone district. 2. The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts, including but not limited to the effects of shading, excess traffic, availability of parking in the neighborhood or blocking of a designated view plane. Response: 1. With the exception of the garage projection into the front setback, the existing residence is within the dimensional requirements of the zone district, and any modifications or additions made as part of the remodel will conform with those requirements. The purpose of this special review is to ask that the garage not have to change as a result to other changes occurring as part of renovating the house. 2. There is currently fairly extensive landscaping between the garage and edge of road, and given the property line setback from the edge of the road, the existing structure would more than conform with the requirements of the underlying zone district code requirements. There will be no change of use or impact to the neighborhood in a way which is any more impactful than the existing structure currently is. B. Replacement of nonconforming structures. Whenever a structure or portion thereof, which does not conform to the dimensional requirements of the zone district in which the property is located is proposed to be replaced after demolition, the following criteria shall be met: 1. The proposed development shall comply with the conditions of Subsection 26.430.040.A above; 2. There exist special characteMstics unique to the property which differentiate the property from other properties located in the same zone district; 3. No dimensional variations are increased, and the replacement structure represents the minimum variance that will make possible the reasonable use of the property; and 4. Literal enforcement of the dimensional provisions of the zone district would cause unnecessary hardship upon the owner by prohibiting reasonable use of the property Response: 1. Any renovations or additions to the property will comply with the conditions of Subsection 26.430.040.A except relative to the location of the garage relative to the front yard setback 2. This property has a relatively unique feature in that the property line is setback from the roadway by 13 feet. The closest corner of the garage is over 19 feet from the property line, making the actual setback of the garage from the road 31'- 8" and if the property line was at the edge of the road, and the setback was measured from that relationship; this property would be more than in compliance with the front yard setback for the underlying zoning. 3. This special review application is only seeking to allow the existing garage footprint which sits in the front yard setback to remain in its current configuration, regardless of whether demolition on the entire structure is triggered. This .. application is seeking the minimum level of variance necessary to maintain the existing footprint of the garage, which is the only reason the special review is necessary. 4. Literal enforcement of the dimensional provisions of this zone district would require the complete removal and relocation of the garage, adding retaining walls to reconfigure the driveway, and adapt the house's floor plan to accommodate the revised garage placement and grading. We believe that this would constitute an unnecessary hardship for the property owner, especially as the trigger for these actions pertain more to the relationship of the property line to the road than the effect that the structure has on the neighborhood. 26.575.020 B. Limitations. The prescribed allowances and limitations, such as height, setbacks etc., of distinct structural components shall not be aggregated or combined in a manner that supersedes the dimensional limitations of an individual structural component. For example, if a deck is permitted to be developed within five feet of a property boundary and a garage must be a minimum of ten feet from the same property boundary, a garage with a deck on top of it may not be developed any closer than ten feet from the property boundary or otherwise produce an aggregated structural component that extends beyond the setback limit of a garage. Non-conforming aspects of a property or structure are limited to the specific physical nature of the non-conformity. For example, a one-story structure which extends into the setback may not be developed with a second-story addition unless the second story complies with the required setback. Specific non-conforming aspects of a property cannot be converted or exchanged in a manner that creates or extends a different specific non-conforming aspect of a property. For example, a property that exceeds the allowable floor area and contains deck area that exceeds the amount which may be exempted from floor area cannot convert deck space into additional interior space. Response: There are no changes contemplated to the footprint of the garage within the encroachment area. Because of the existing roof shapes, if the roof of the house changes, the roof of the garage will likely need to change to reflect a coherent design, however adding an additional design element such as a second story is not being contemplated. H. Measurement of Demolition. The City Zoning Officer shall determine if a building is intended to be or has been demolished by applying the following process of calculation: At the request of the Zoning Officer, the applicant shall prepare and submit a diagram showing the following: 4. The surface area of all existing (prior to commencing development) exterior wall assemblies above finished grade and all existing roof assemblies. Not counted in the existing exterior surface area calculations shall be all existing fenestration (doors, windows, skylights, etc.) 5. The exterior surface area, as described above, to be removed. Wall area or roof area being removed to accommodate new or relocated fenestration shall be counted as exterior surface area being removed. 6. The diagram shall depict each exterior wall and roof segment as a flat plane with an area tabulation. Exterior wall assembly and roof assembly shall constitute the exterior surface of that element in addition to the necessary subsurface components for its structural integrity, including such items as studs, joists, rafters etc. If a portion of a wall or roof structural capacity is to be removed, the associated exterior surface area shall be diagrammed as being removed. If a portion of a wall or roof involuntarily collapses, regardless of the developer's intent, that portion shall be calculated as removed. Recalculation may be necessary during the process of development and the Zoning Officer may require updated calculations as a project progresses. Replacement of fenestration shall not be calculated as wall area to be removed. New, relocated or expanded fenestration shall be counted as wall area to be removed. Only exterior surface area above finished grade shall be used in the determination of demolition. Sub-grade elements and interior wall elements, while potentially necessary for a building's integrity, shall not be counted in the computation of exterior surface area. .. According to the prepared diagram and area tabulation, the surface area of all portions of the exterior to be removed shall be divided by the surface area of all portions of the exterior of the existing structure and expressed as a percentage. The Zoning Officer shall use this percentage to determine if the building is to be or has been demolished according to the definition in Section 26.104.100, Demolition. If portions of the building involuntarily collapse, regardless of the developefs intent, that portion shall be calculated as removed. It shall be the responsibility of the applicant to accurately understand the structural capabilities of the building prior to undertaking a remodel. Failure to properly understand the structural capacity of elements intended to remain may result in an involuntary collapse of those portions and a requirement to recalculate the extent of demolition. Landowner's intent or unforeseen circumstances shall not affect the calculation of actual physical demolition. Additional requirements or restrictions of this Title may result upon actual demolition Response: Because of the nature of how the demolition calculation is performed, structures which are built into hillsjdes are effectively penalized because they have less wall area to include in the baseline calculation. While this does not necessarily mean that this property would not still trigger demolition under a remodel, it does mean that there is much less latitude available before major ramifications are triggered. Thank you for your consideration, Dylan Johns Zone 4 Architects CC: File Applicant .. 57 AMER/ Owner's Policy of Title Insurance 9- 4 IN'I 1 First American Title ISSUED BY First American Title Insurance Company POLICY NUMBER Owner's Policy 5011408-0018524e Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policn against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of 1. Title being vested other than as stated in Schedule A 2, Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonalion; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law (v) a document executed under a falsified, expired, or otherwise invalid power of attorney (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (Vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term bncroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land, 3, Unmarketable Title. 4, No right of access to and from the Land. (Covered Risks Continued on Page 2) In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company For Reference: File #: 15003398 1-" 6 FU-- Loan #: 7134103246 Issued By: Dennis J. Gilmore President Attorney's Title Insurance Agency of Aspen, LLC 11% 4. 715 West Main Street, Suite 202 Aspen, CO 81611 Jeffrey S. Robinson Secretary (This Policy is valid only when Schedules A and B are attached) This Jacket was created electronically and constitutes an original document ANTI-FRAUD STATEMENT: Pursuant to CRS 10-1-128(6)(ah It is unlaw ful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages, Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. This antiÂ·fraud statement is affixed to and made a part of this policy. Copyright 2006-2009 American Land Title Association. All rights reserved.The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Repfinted under license from the American Land Title Association. | Form 5011408 (7-1-14) Page 1 of 5 ~ ALTA Owner's Policy of Title Insurance (6-17-06) Colorado .. Policy # : 5011408-0018524e COVERED RISKS (Continued) 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, desctibing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6, An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action! describing any part ofthe Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part ofthe Land, is recorded in the Public Records. 8, Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this Records at Date of Policy, but Known to the Insured policy, and the Company will not pay loss or damage, costs, attorneys' Claimant and not disclosed in writing to the Company by the feesJ or expenses that arise by reason of: Insured Claimant prior to the date the Insured Claimant 1, (a) Any law, ordinance, permit, or governmental regulation became an Insured underthis policy; (including those relating to building and zoning) restricting, (c) resulting in no loss or damage to the Insured Claimant; regulating, prohibiting, or relating to (d) attaching or created subsequent to Date of Policy (however, (i) the occupancy, use, or enjoyment of the Land; this does not modify or limit the coverage provided under (ii) the character, dimensions, or location of any improvement Covered Risk 9 and 10); or erected on the Land; (e) resulting in loss or damage that would not have been (iii) the subdivision of land; or sustained if the Insured Claimant had paid value for the (iv) environmental protection: Title. or the effect of any violation of these laws, ordinances, or 4. Any claim, by reason of the operation of federal bankruptcy, state governmental regulations. This Exclusion 1 (a) does not modify insolvency, or similar creditors' rights laws, that the transaction or limit the coverage provided under Covered Risk 5. vesting the Title as shown in Schedule A, is (b) Any governmental police power, This Exclusion 1 (b) does not (a) a fraudulent conveyance or fraudulent transfer; or modify or limit the coverage provided under Covered Risk 6. (b) a preferential transfer for any reason not stated in Covered 2. Rights of eminent domain. This Exclusion does not modify or limit Risk 9 of this policy. the coverage provided under Covered Risk 7 or 8. 5. Any lien on the Title for real estate taxes or assessments 3. Defects, liens, encumbrances, adverse claims, or other matters imposed by governmental authority and created or attaching (a) created, suffered, assumed, or agreed to by the Insured between Date of Policy and the date of recording of the deed or Claimant; other instrument of transfer in the Public Records that vests Title (b) not Known to the Company, not recorded in the Publjc as shown in Schedule A. | Form 5011408 (7-1-14) Page 2 of 5 ~ ALTA Owner-'s Policy of Title Insurance (6-17-06) Colorado .. Policy # : 5011408-0018524e CONDITIONS 1. DEFINITION OF TERMS of matters relating to real property to purchasers for value and The following terms when used in this policy mean: without Knowledge. With respect to Covered Risk 5(d), (a) "Amount of Insurance": The amount stated in Schedule A, as may "Public Records" shall also include environmental protection be increased or decreased by endorsement to this policy, liens filed in the records of the clerk of the United States District increased by Section 8(b), ordecreased by Sections 10 and 11 of Court for the district where the Land is located. these Conditions, 0) "Title': The estate or interest described in Schedule A, (b) "Date of Policy": The date designated as 'Date of Policy" in (k) "Unmarketable Title": Title affected by an alleged or apparent Schedule A. matter that would permit a prospective purchaser or lessee of (c) "Entity": A corporation, partnership, trust, limited liability the Title or lender on the Title to be released from the company, or other similar legal entity. obligation to purchase, lease, or lend if there is a contractual (d) "Insured"' The Insured named in Schedule A. condition requiring the delivery of marketable title. (i) The term "Insured" also includes 2. CONTINUATION OF INSURANCE (A) successors to the Title of the Insured by operation of law The coverage of this policy shall continue in force as of Date of as distinguished from purchase, including heirs, devisees, Policy in favor of an Insured, but only so long as the Insured retains survivors, personal representatives, or next of kini an estate or interest in the Land, or holds an obligation secured by a (B) successors to an Insured by dissolution, merger, purchase money Mortgage given by a purchaser from the Insured, consolidation, distribution, or reorganization, or only so long as the Insured shall have liability by reason of (C) successors to an Insured by its conversion to another kind warranties in any transfer or conveyance of the Title. This policy of Entity; shall not continue in force in favor of any purchaser from the (D) a grantee of an Insured under a deed delivered without Insured of either (i) an estate or interest in the Land, or (ii) an payment of actual valuable consideration conveying obligation secured by a purchase money Mortgage given to the theTitle Insured. (1) if the stock, shares, memberships, or other equity 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT interests of the grantee are wholly-owned by the The Insured shall notify the Company promptly in writing (i) in case named Insured, of any litigation as set forth in Section 5(a) of these Conditions, (ii) (2) if the grantee wholly owns the named Insured, in case Knowledge shall come to an Insured hereunder of any claim (3) if the grantee is wholly-owned by an affiliated of title or interest that is adverse to the Title, as insured, and that Entity ofthe named Insured, provided the affiliated might cause loss or damage for which the Company may be liable Entity and the named Insured are both wholly- by virtue of this policy, or (ili) if the Title, as insured, is rejected as owned by the same person or Entity, or Unmarketable Title. If the Company is prejudiced by the failure of (4) if the grantee is a trustee or beneficiary of a trust the Insured Claimant to provide prompt notice, the Company's created by a written instrument established by the liability to the Insured Claimant under the policy shall be reduced to Insured named in Schedule A for estate planning the extent of the prejudice, purposes, 4. PROOF OF LOSS (ii) With regard to (A), (B), (C), and (D) reserving, however, all In the event the Company is unable to determine the amount of loss rights and defenses as to any successor that the Company or damage, the Company may, at its option, require as a condition would have had against any predecessor Insured, of payment that the Insured Claimant furnish a signed proof of loss. (e) "Insured Claimant". An Insured claiming loss or damage. The proof of loss must describe the defect, lien, encumbrance, or (f) "Knowledge" or "Known": Actual knowledge, not constructive other matter insured against by this policy that constitutes the basis knowledge or notice that may be imputed to an Insured by reason - of loss or damage and shall state, to the extent possible, the basis of the Public Records or any other records that impart of calculating the amount of the loss or damage. constructive notice of matters affecting the Title. 5. DEFENSE AND PROSECUTION OF ACTIONS (g) "Land": The land described in Schedule A, and affixed (a) Upon written request by the Insured, and subject to the options improvements that by law constitute real property. The term contained in Section 7 of these Conditions, the Company, at its "Land" does not include any property beyond the lines of the area own cost and without unreasonable delay, shall provide for the described in Schedule A, nor any right, title, interest, estate, or defense of an Insured in litigation in which any third party easement in abutting streets, roads, avenues, alleys, lanes, asserts a claim covered by this policy adverse to the Insured. ways, or waterways, but this does not modify or limit the extent This obligation is limited to only those stated causes of action that a right of access to and from the Land is insured by this alleging matters insured against by this policy, The Company policy. shall have the right to select counsel of its choice (subject to (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security the right of the Insured to object for reasonable cause) to instrument, including one evidenced by electronic means represent the Insured as to those stated causes of action. It authorized by law. shall not be liable for and will not pay the fees of any other (i) "Public Records": Records established under state statutes at counsel. The Company will not pay any fees, costs, or Date of Policy for the purpose of imparting constructive notice expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy, | Form 5011408 (7-1-14) Page 3 of 5 ~ ALTA Owner's Policy of Title Insurance (6-17-06) Colorado .. Policy # : 5011408-0018524e CONDITIONS (Continued) (b) The Company shall have the right, in addition to the options 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; contained in Section 7 of these Conditions, at its own cost, to TERMINATION OF LIABILITY institute and prosecute any action or proceeding or to do any In case of a claim under this policy, the Company shall have the other act that in its opinion may be necessary or desirable to following additional options: establish the Title, as insured, or to prevent or reduce loss or (a) To Pay or Tender Payment of the Amount of Insurance. damage to the Insured, The Company may take any To pay or tender payment of the Amount of Insurance under this appropriate action under the terms of this policy, whether or policy together with any costs, attorneys' fees, and expenses not it shall be liable to the Insured. The exercise of these incurred by the Insured Claimant that were authorized by the rights shall not be an admission of liability or waiver of any Company up to the time of payment or tender of payment and provision of this policy. If the Company exercises its rights that the Company is obligated to pay. under this subsection, it must do so diligently. Upon the exercise by the Company of this option, all liability and (c) Whenever the Company brings an action or asserts a defense obligations of the Company to the Insured under this policy, as required or permitted by this policy, the Company may other than to make the payment required in this subsection, pursue the litigation to a final determination by a court of shall terminate, including any liability or obligation to defend, competent jurisdiction, and it expressly reserves the right, in its prosecute, or continue any litigation. sole discretion, to appeal any adverse judgment or order. (b) To Pay or Otherwise Settle With Parties Other Than the Insured 6. DUTY OF INSURED CLAIMANT TO COOPERATE or With the Insured Claimant. (a) In all cases where this policy permits or requires the Company (i) To pay or otherwise settle with other parties for or in the to prosecute or provide for the defense of any action or name of an Insured Claimant any claim insured against proceeding and any appeals, the Insured shall secure to the under this policy. In addition, the Company will pay any Company the right to so prosecute or provide defense in the costs, attorneys' fees, and expenses incurred by the action or proceeding, including the right to use, at its option, Insured Claimant that were authorized by the Company up the name of the Insured for this purpose. Whenever requested to the time of payment and that the Company is obligated by the Company, the Insured, at the Company's expense, shall to pay; or give the Company all reasonable aid (i) in securing evidence, (ii) To pay or otherwise settle with the Insured Claimant the obtaining witnesses, prosecuting or defending the action or loss or damage provided for under this policy, together with proceeding, or affecting settlement, and (ii) in any other lawful any costs, attorneys' fees, and expenses incurred by the act that in the opinion of the Company may be necessary or Insured Claimant that were authorized by the Company up desirable to establish the Title or any other matter as Insured. to the time of payment and that the Company is obligated If the Company is prejudiced by the failure of the Insured to to pay furnish the required cooperation, the Company's obligations to Upon the exercise by the Company of either of the options the Insured under the policy shall terminate, including any provided for in subsections (b)(i) or (ii), the Company's liability or obligation to defend, prosecute, or continue any obligations to the Insured under this policy for the claimed loss litigation, with regard to the matter or matters requiring such or damage, other than the payments required to be made, shall cooperation. terminate, including any liability or obligation to defend, (b) The Company may reasonably require the Insured Claimant to prosecute, or continue any litigation, submit to examination under oath by any authorized 8. DETERMINATION AND EXTENT OF LIABILITY representative of the Company and to produce for This policy is a contract of indemnity against actual monetary loss or examination, inspection, and copying, at such reasonable damage sustained or Encurred by the Insured Claimant who has times and places as may be designated by the authorized suffered loss or damage by reason of matters insured against by this representative of the Company, all records, In whatever policy, medium maintained including books, ledgers, checks, (a) The extent of liability of the Company for loss or damage memoranda, correspondence, reports, e-mails, disks, tapes, under this policy shall not exceed the lesser of and videos whether bearing a date before or after Date of (i) the Amount of Insurance; or Policy, that reasonably pertain to the loss or damage. Further, (ii) the difference between the value of the Title as insured if requested by any authorized representative of the Con'lpany, and the value of the Title subject to the risk insured against the Insured Claimant shall grant its permission, in writing, for by this policy. any authorized representative of the Company to examine, (b) If the Company pursues its rights under Section 5 of these inspect, and copy all of these records in the custody or control Conditions and is unsuccessful in establishing the Title, as of a third party that reasonably pertain to the loss or damage. insured, All information designated as confidential by the Insured (i) the Amount of Insurance shall be increased by 10%, an Claimant provided to the Company pursuant to this Section (ii) the Insured Claimant shall have the right to have the loss shall not be disclosed to others unless, in the reasonable or damage determined either as of the date the claim was judgment of the Company, it is necessary in the administration made by the Insured Claimant or as of the date it is settled of the claim. Failure of the Insured Claimant to submit for and paid. examination under oath, produce any reasonably requested (c) In addition to the extent of liability under (a) and (b), the information, or grant permission to secure reasonably Company will also pay those costs, attorneys' fees, and necessary information from third parties as required in this expenses incurred in accordance with Sections 5 and 7 of subsection, unless prohibited by law or governmental these Conditions. regulation, shall terminate any liability of the Company under this policy as to that claim. | Form 5011408 (7-1-14) Page 4 of 5 ~ ALTA Owner's Policy of Title Insurance (6-17-06) Colorado Policy # : 5011408-0018524e CONDITIONS (Continued) 9. LIMITATION OF LIABILITY Insurance Arbitration Rules of the American Land Title Association (a) If the Company establishes the Title, or removes the alleged ("Rules"). Except as provided in the Rules, there shall be no defect, lien, or encumbrance, or cures the lack of a right of joinder or consolidation with claims or controversies of other persons. access to or from the Land, or cures the claim of Arbitrable matters may include, but are not limited to, any controversy Unmarketable Title, all as insured, in a reasonably diligent or claim between the Company and the Insured arising out of or relating manner by any method, including litigation and the completion to this policy, any service in connection with its issuante or the breach of any appeals, it shall have fully performed its obligations of a policy provision, or to any other controversy or claim arising out of with respect to that matter and shall not be liable for any loss the transaction giving rise to this policy, All arbitrable matters when the or damage caused to the Insured, Amount of Insurance is $2,000,000 or less shall be arbitrated at the (b) In the event of any litigation, including litigation by the option of either the Company or the Insured. All arbitrable matters Company or with the Company's consent, the Company shall when the Amount of Insurance is in excess of $2,000,000 shall be have no liability for loss or damage until there has been a final arbitrated only when agreed to by both the Company and the Insured. determination by a court of competent jurisdiction, and Arbitration pursuant to this policy and under the Rules shall be binding disposition of all appeals, adverse to the Title, as insured. upon the parties. Judgment upon the award rendered by the (c) The Company shall not be liable for loss or damage to the Arbitrator(s) may be entered in any court of competent jurisdiction. Insured for liability voluntarily assumed by the Insured in 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT settling any claim or suit without the prior written consent of (a) This policy together with all endorsements, if any, attached to it by the Company. the Company is the entire policy and contract between the Insured 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION and the Company, In interpreting any provision of this policy, this OF LIABILITY policy shall be construed as a whole. All payments under this policy, except payments made for costs, (b) Any claim of loss or damage that arises out of the status of the attorneys' fees, and expenses, shall reduce the Amount of Title or by any action asserting such claim shall be restricted to Insurance by the amount of the payment. this policy 11. LIABILITY NONCUMULATIVE (c) Any amendment of or endorsement to this policy must be in writing The Amount of Insurance shall be reduced by any amount the and authenticated by an authorized person, or expressly Company pays under any policy insuring a Mortgage to which incorporated by Schedule A of this policy. exception is taken in Schedule B or to which the Insured has (d) Each endorsement to this policy issued at any time is made a part agreed, assumed, or taken subject, or which is executed by an of this policy and is subject to all of its terms and provisions. Insured after Date of Policy and which is a charge or lien on the Except as the endorsement expressly states, it does not (i) modify Title! and the amount so paid shall be deemed a payment to the any of the terms and provisions of the policy, Cil) modify any prior Insured under this policy, endorsement, (ili) extend the Date of Policy, or (iv) increase the 12. PAYMENT OF LOSS Amount of Insurance, When liability and the extent of loss -or damage have been 16. SEVERABILITY definitely fixed in accordance with these Conditions, the payment In the event any provision of this policy, in whole or in part, is held shall be made within 30 days, invalid or unenforceable under applicable law, the policy shall be 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT deemed not to include that provision or such part held to be invalid, but (a) Whenever the Company shall have settled and paid a claim all other provisions shall remain in full force and effect. under this policy, it shall be subrogated and entitled to the 17. CHOICE OF LAW; FORUM rights of the Insured Claimant in the Title and all other rights (a) Choice of Law: The Insured acknowledges the Company has and remedies in respect to the claim that the Insured underwritten the risks covered by this policy and determined the Claimant has against any person or property, to the extent of premium charged therefor in reliance upon the law affecting the amount of any loss, costs, attorneys' fees, and expenses interests in real property and applicable to the interpretation, paid by the Company. If requested by the Company, the rights, remedies, or enforcement of policies of title insurance of the Insured Claimant shall execute documents to evidence the jurisdiction where the Land is located. transfer to the Company of these rights and remedies, The Therefore, the court or an arbitrator shall apply the law of the Insured Claimant shall permit the Company to sue, jurisdiction where the Land is located to determine the validity of compromise, or settle in the name of the Insured Claimant claims against the Title that are adverse to the Insured and to and to use the name of the Insured Claimant in any interpret and enforce the terms of this policy. In neither case shall transadtion or litigation involving these rights and remedies. the court or arbitrator apply its conflicts of law principles to If a payment on account of a claim does not fully cover the determine the applicable law. loss of the Insured Claimant, the Company shall defer the (b) Choice of Forum: Any litigation or other proceeding brought by the exercise of its right to recover until after the Insured Claimant Insured against the Company must be filed only in a state or shall have recovered its loss. federal court within the United States of America or its territories (b) The Company's right of subrogation includes the rights of the having appropriate jurisdiction. Insured to indemnities, guaranties, other policies of 18. NOTICES, WHERE SENT insurance, or bonds, notwithstanding any terms or conditions Any notice of claim and any other notice or statement in writing required contained in those instruments that address subrogation to be given to the Company under this policy must be given to the rights. Company at First American Title Insurance Company, Attn: Claims 14. ARBITRATION National Intake Center, 1 First American Way; Santa Ana, CA Either the Company orthe Insured may demand that the claim or 92707. Phone: 888-632-1642. controversy shall be submitted to arbitration pursuant to the Title | Form 5011408 (7-1-14) Page 5 of 5 ~ ALTA Owner's Policy of Title Insurance (6-17-06) Colorado .. American Land Title Association Owner's Policy Adopted 6-17-06 SCHEDULE A Name and Address of Title Insurance Company: First American Title Insurance Co. 44 Cook Street, Suite 350 Denver, Colorado 80206 Policy Number 5011408-0018524e File Number: 15003398 Address Reference: 267 McSkimming Road Aspen, CO 81611 Amount of Insurance: $ 3,509,000.00 Premium: $ 6,509.00 Date of Policy: July 21, 2015 at 05 00 PM 1. Name of Insured: Andrew H. Firman Revocable Trust 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: Andrew H. Firman Revocable Trust 4. The Land referred to in this policy is described as follows: SEE EXHIBIT AATTACHED HERETO Date: July 21,2015 Attorneys Tit|e Insurance Agency of Aspen By: Gafy'A Wright, Authorized Officer or Agent Copyright 2006-2009 American Land TitleAssociation. All rights reserved. I.li.lill'i AMEKICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members ASSOCIATION in good standing as of the date of use. All other uses are prohibited. A--K Reprinted under license from the American Land Title Association. 1~ (15003398.PFD/15003398/144) .. American Land Title Association Owner's Policy Adopted 6-17-06 First American Title Insurance Co. SCHEDULE B File Number: 15003398 Policy Number: 5011408-0018524e EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses which arise by reason of: 1 Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the Land would disclose, and which are not shown by the Public Records. 4, Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown in the Public Records. 5. Any and all unpaid taxes, assessments and unredeemed tax sales. 6. (a) Intentionally deleted; (b) intentionally deleted; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 7. Taxes for the year 2015, not yet due or payable. 8. Any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposit claimed or known to exist and any other terms, conditions, provisions, agreements and obligations specified in the United States Patent dated November 18,1896, and recorded June 17, 1949, in Book 175 at Page 243, as Reception No. 096477. 9. Any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposit claimed or known to exist and any other terms, conditions, provisions, agreements and obligations specified in the United States Patent dated October 18, 1894, and recorded June 17, 1949, in Book 175 at Page 246, as Reception No. 096480. 10. Utility Easement 7.5 feet in width along the side and real lot lines and any and all notes, easements and recitals as disclosed on the recorded Block 1 of Plat of the Aspen Grove Sub-division, recorded July 18, 1958 in Ditch Book 2A at Page 246, as Reception No. 106638. 11 Terms, conditions, provisions, agreements and obligations specified under the Resolution dated June 2, 1958, and recorded August 12, 1958, in Book 184 at Page 468, as Reception No. 106773. Copyright 2006-2009 American Land TitleAssociation. All rights reserved. I'll.Imill" AMEKICAN LAND TITLE The use of this Form is restrided to ALIA licensees and ALTA members ASSOC]AT ION In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. (15003398.PFD/15003398/145) .. American Land Title Association Owner's Policy Adopted 6-17-06 SCHEDULE B (Continued) File Number: 15003398 Policy Number: 5011408-0018524e 12. Terms, conditions, provisions, agreements and obligations specified under the Restrictions for Aspen Grove Subdivision - Block 1 , dated August 14, 1958, and recorded August 14, 1958, in Book 184 at Page 479, as Reception No. 106784, and Declaration recorded September 12, 1958, in Book 185 at Page 157, as Reception No. 106938. 13. Terms, conditions, provisions, agreements and obligations specified underAn Ordinance Annexing Territory to the City of Aspen as Referred to and Described in that Petitjon for Annexation of Territory to the City of Aspen Certified by the City Clerk on April 27,1987, Commonly Known as the "Aspen Grove/Eastwood/Knollwood Subdvision (Exclusive of Block 4)" Ordinance No. 28 (Series of 1987) ' recorded July 22,1987, in Book 541 at page 979, as Reception No. 291234. 14. Any and all notes, easements and recitals as disclosed on the recorded Aspen Grove - Eastwood - Knollwood Annexation Plat recorded July 22, 1987, in Plat Book 19 at Page 97, as Reception No. 291233. 15. Terms, conditions, provisions, agreements and obligations specified under An Ordinance of the City of Aspen Zoning Approximately 79 acres of land Known as the Aspen Grove Subdivision, Eastwood Subdivision, Knollwood Subdivision Exclusive of Knollwood, Block 4 More Particularly Described on Exhibit "A' Attached Hereto, Also Known as the Aspen Grove / Eastwood / Knollwood Annexation Area: Generally Located East of the Salvation Ditch and North of State Highway 82, The City of Aspen, Pitkin county, Colorado to R-15B, Ordinance No. 26 (Series of 1987) recorded October 1, 1987, in Book 547 at Page 191, as Reception No. 293405. 16. Terms, conditions, provisions, agreements and obligations specified under the Notice of Declaration, dated November 27, 1989, and recorded November 29, 1989, in Book 608 at Page 646, as Reception No. 317701. 17. Terms, conditions, provisions, agreements and obligations specified under the Sidewalk, Curb and Gutter Improvement Agreement, dated September 9, 1996, and recorded October 8, 1996, as Reception No. 397825. Copyright 2006-2009 American Land Title Association. All rights reserved. I./.lillill AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members ASSOCIATION in good standing as of the date of use. All other uses are prohibited. .â€žm Reprinted under license from the American Land Title Association. 1/f (15003398.PFD/15003398/145) .. American Land Title Association Owner's Policy Adopted 6-17-06 SCHEDULE B (Continued) File Number: 15003398 Policy Number: 5011408-0018524e 18. Terms, conditions, provisions, agreements and obligations specified under the Access Road Use, Maintenance and Easement Agreement recorded August 2,2007, as Reception No. 540611, and the Amended and Restated Access Road Use, Maintenance and Easement Agreement recorded September 11,2007, as Reception No. 541896, and the Amended and Restated Access Road Use, Maintenance and Easement Agreement recorded September 26,2007, as Reception No. 542450, and the Access Road Use, Maintenance and Easement Agreement, recorded January 17, 2008, as Reception No, 545918, and the Amended and Restated Access Road Use, Maintenance and Easement Agreement recorded July 22,2008, as Reception No. 551294, and the Amendment to Access Road Use, Maintenance and Easement Agreement recorded March 17,2009, as Reception No. 557180, and the Second Amended and Restated Access Road Use, Maintenance and Easement Agreement recorded January 13, 2009, as Reception No. 555668, and the Second Amended and Restated Access Road Use, Maintenance and Easement Agreement recorded January 13, 2009, as Reception No. 555669, and the Second Amended and Restated Access Road Use, Maintenance and Easement Agreement recorded January 13, 2009, as Reception No. 555670, and the Second Amended and Restated Access Road Use, Maintenance and EasementAgreement recorded September 21, 2009, as Reception No. 562924, and Second Amended and Restated Access Road Use, Maintenance and Easement Agreement recorded December 7,2009, as Reception No. 565040, and Second Amended and Restated Access Road Use, Maintenance and EasementAgreement recorded December 23,2009, as Reception No. 565562. 19. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. 20. Encroachment of the Garage and the Concrete Drive into the 30' setback, as shown on the Improvement Survey, provided by Aspen Survey Engineers, Inc., dated 06/15, as Job No. 92688. 21 Deed of Trust from Andrew H. Firman Revocable Trust, to the Public Trustee of Pitkin County for the benefit of UBS Bank USA. to secure an indebtedness in the principal sum of $3,500,000.00, and any other amounts and/obligations secured thereby, dated July 21, 2015, and recorded July 21, 2015, as Reception No. 621683. Copyright 2006-2009 American Land Title Association. All rights reserved. - AMERICAN LANI) TITLE The use of this Form is restricted to ALTA licensees and ALTA members ASSOCIATION n good standing as of the date of use. All other uses are prohibited. -/6 Reprinted under license from the American Land Title Association. (15003398.PFD/15003398/145) .. EXHIBIT A File Number: 15003398 Policy Number: 5011408-0018524e The Land referred to in this policy is described as follows: Lot 16, Block 1, ASPEN GROVE SUBDIVISION, according to the Plat thereof filed for record in Plat Book 2A at Page 246, Pitkin County, Colorado. ALTA Owner's Policy Exhibit A (15003398.PFD/15003398/146) .. ENDORSEMENT Attached to Policy No. 5011408-001852Â£IE Issued By First American Title Insurance Company The Company hereby insures the Insured against loss which the Insured shall sustain by reason of damage to existing and future improvements, including [awns, shrubbery or trees resulting from the exercise of any right to use the surface of the land for enforcement of any of the reservations contained in the Patent to said land excepted from the description or shown in Exception No. 8 and 9 of Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Dated: July 21,2015 First Abierican Title Insurance Company By ~LN Authorized Signatory Colorado Form No. 100.33 (6/03) (15003398.PFD/15003398/151) .. ENDORSEMENT Attached to Policy No. 5011408-0018524E Issued By First American Title Insurance Company Said Policy is hereby amended by deleting paragraph 1,2, 3, 4, 5 of Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Dated: July 21,2015 First American Title Insurance Company By: xk Authorized Signatory Colorado Form No. 110.1 (4/94) (15003398.PFD/15003398/152)