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Home My WebLink AboutLand Use Case.922 W Hallam St.A080-02CASE NUMBER A080-02 PARCEL ID # 2735-123-18001 CASE NAME 922 W. Hallam Special Review for ADU PROJECT ADDRESS 922 W. Hallam PLANNER Sarah Oates CASE TYPE Special Review OWNER/APPLICANT Steve Marcus/Bob Witek REPRESENTATIVE RJW Builders DATE OF FINAL ACTION 11/05/02 CITY COUNCIL ACTION PZ ACTION DENIED ADMIN ACTION DENIED BOA ACTION DATE CLOSED 12/09/02 BY D DRISCOLL PARCEL ID:~2735-123-18001 DATE RCVD: ~10/1/02 # COPIES:~ CASE NO|A080-02 CASE NAME:|922 W. Hallam Special Review for ADU PLNR: ~ PROJ ADDR:~922 W. Hallam CASE TYP:~Special Review STEPSi OWN/APP:~ Steve Marcus/Bob ADR~411 E Main St . ste 21 C/S/Z: ~Aspen/CO/81611 PHN:~920-7919 REP:~ RJW Builders ADR:~411 E. Main St.. ste 21 C/S/Z:~Aspen/CO/81611 PHN1920-7919 FEES DUE:~500 D ~ FEES RCVD:~500 STAT: F REFERRALS~ REF:| BY| DUE:| MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION:Bl/Epona,02- CITY COUNCIL: REMARKS~ pz: I.).-Â«-'.U /4 BOA: CLOSED: I j7#j) #Y: t--44 DRAC: PLAT SUBMITD: ~ PLAT (BK, PG):~ ADMIN: ASPEN PLANNING x ZONING COMMISSION November 5,2002 Jasmine Tygre opened the regular Planning and Zoning meeting at 4:35 p.m. in Council Chambers with Dylan Johns, Eric Cohen, Roger Haneman and Ruth Kruger present. Ron Erickson arrived at 4:40 p.m. Jack Johnson and Bert Myrin were excused. Staff in attendance: David Hoefer, Assistant City Attorney; James, Lindt, Sarah Oates, Joyce Ohlson, Chris Bendon, Community Development; Jackie Lothian, Deputy City Clerk. COMMISSIONER, STAFF and PUBLIC COMMENTS David Hoefer stated that the Infill was a legislative proceeding; therefore commission members could take public input because it doesn't have the same requirements as a judicial proceeding. Hoefer said that there were no criteria other than to comply with the law and be consistent with the rest of the code. Ron Erickson asked about the signed ski trail easement by Four Peaks. MINUTES MOTION: Ruth Kruger moved to approve the minutes from 10/08/02 and 10/15/02; seconded by Roger Haneman. APPROVED 5-0. DECLARATION OF CONFLICT OF INTEREST None. PUBLIC HEARING: 922 WEST HALLAM - SPECIAL REVIEW - ADU STANDARDS Jasmine Tygre opened the public hearing for the special review on 922 West Hallam. David Hoe fer stated that the proof o f notice had been provided. Sarah Oates explained that this was a special review to vary the accessory dwelling unit design standards; it was a smalllot less than 3500 square feet. It was created through a historic landmark lot split; next door there was a historic house and on the other side was a new house, which was also part o f the historic re-development. Oates said that the applicant requested 3 design standards to variances (1) the unit would be sub-grade, below the garage, the requirement was that the unit be 100% above grade; (2) ADU was attached to the principal residence, the design standard required it be detached by at least 10 feet; and (3) no parking space provided because of the size of the lot, one parking space was required for an ADU on site. Community Development Staff recommended denial of the special review based upon the fact that it was contrary to the requirements; the Housing Board approved the proposal. Bob Witek, applicant, stated that the design for the ADU was under the garage so it would not detract from the design of the main house; the staircase was a "warm 2 ASPEN PLANNING e~ ZONING COMMISSION November 5,2002 staircase" inside the garage but separated from the garage. Witek said that the window well would be finished to make the ADU larger and that there were bedrooms of the main house in the basement as well. Witek said that the lot constraints would not allow the parking on site. Ron Robertson, architect, said that the project was started several years ago; had they finished prior to a year ago they would not have had to ask for the variance because below grade ADUs were allowed. Eric Cohen asked how the FAR changed; i f the ADU were denied would they have the same size building. Oates replied that there was no exemption for the ADU, the light well will count against the FAR. Oates said that the size would remain the same with a couple extra square feet. Ron Erickson said that without elevations he was not able to tell how tall it was. Robertson replied that there was a ground floor and one floor above in the main house and a single story garage. Erickson stated that the ADU could be placed on top of the garage. Witek stated that they felt it would change the appearance of the house because HPC did not want the exterior design of the house altered. Dylan Johns asked i f there was f foot setback between the property line and the house. Witek replied that there was. Lizzy Talenfeld, public, stated concern for the parking and parking in the alley. Witek responded that there was a garage and one parking space. Erickson stated that he never was in favor subterranean ADUs and wanted more livable ADUs; he said that this proposed project did not meet the ADU design standards. Ruth Kruger agreed with Ron because of the general livability and the parking issues. Roger Haneman stated that the drawings were not very good and were confusing; he agreed with Ruth and Ron. Haneman said the area already had a parking problem and this would make it worse. Eric Cohen said that he was perplexed that the Housing Authority gave their stamp of approval. Dylan Johns said that the detachment of the unit would be very di fficult and not a component; he said that if the parking was on site by the garage it would be better. Robertson said that the hardship was that the rules changed and they have a tiny lot, which some consideration should be made for that hardship of the size of the lot. MOTION: Ron Erickson moved to approve with conditions Resolution #29, series of 2002, a special review application to waive the ADU design standards 3,4 and 5 to allow for an Accessory Dwelling Unit at 922 West Hallam finding the review standards have been met. Ruth Kruger second. Vote: Johns, yes; Kruger, no; Haneman, no; Cohen, no; Erickson, no; Tygre, no. DENIED 5-1. 3 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 931 De* #a Ha pn , Aspen, CO SCHEDULED PUBLIC HEARING DATE: /141/2 m Arr 25- , zoo a STATE OF COLORADO ) ) SS. County of Pitkin ) I, Bick 237 63,4 k (name, please print) being or representing an Applicant to the City ofAspen, 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: X 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. 0 -19.-aa ')~ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made o f suitable, waterproo f materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed o f letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the /8 day of 6-Ller , 200 A , to and including the date and time of the public hear\ng. Aphotograph oftheposted notice (sign) is attached hereto. 16 - 12 -01 '>(~ 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) o f 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 any federal agency, state, county, municipal government school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses o f property owners shall be those on the current tax records o f 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. 1047-ca_ (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part o f a general revision o f this Title, or whenever the text o f this Title is to be amended, whether such revision be made by repeal o f this Title and enactment of a new land use regulation, or otherwise, the requirement o f an accurate survey map or other sufficient legal description o f, and the notice to and listing o f names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. , I V b Sighatute The foregoing "Affidavit of Notice" was acknowledged before me this 31 day of ~0~-DI: ar , 200_2 by 02-0\-94 1 â€ž â€¢U in 9//4./r, WITNESS MY HAND AND OFFICIAL SEAL My commission expires: {O~~300E-XF8YT-- 1 NOTARY PUBLIC 3 STATE OF COLORADO ~ -lu, o. oth 2222222222222222222222222222229222822222222222 MY COMMISSION EXPIRES 12/28/2004 Np61ic ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL ATTACHMENT 6 PUBLIC HEARING NOTICING REQUIREMENTS Three forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting of the property, and mailing to surrounding landowners. Following is a summary ofthe notice requirements, including identification of who is responsible for completing the notice. 1. Publication - Publication of notice in a paper of general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development Department and we will place the notice in the paper within the appropriate deadline. 2. Posting - Posting of a sign in a conspicuous place on the property is to be done fifteen (15) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department, to fill it in correctly and to bring proof to the hearing that posting took place (use attached affidavit). 3. Mailing - Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Community Development Department, to mil it according to the following standards, and to bring proof to the hearing that the miling took place (use attached affidavit). Notice to mineral Estate Owner. An Applicant for surface Development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify that the notice has been provided to the mineral estate owners. The names and addresses ofproperty 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 ofpublic hearing. OCT-15-2002 TUE 09:47 AM FAX NO. P. 02 PUBLIC NOTICE RE: 922 W. HALLAM SPECIAL REVIEW TO VARY ADU DESIGN STANDARDS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, November 5,2002 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galcna St., Aspen, to consider in application submitted by Steve Marcus and Bob Witek, requesting special review approval to vary the ADU design standards. T]le subject property in located at 922 W. IIallam St. and is legally described as Lot A, Aspen Historic Cottages, City and Townsite of Aspen. For further in formation, contact Sarah Oates at the City of Aspen Community Development Department, 130 S, Galena St.,Aspen, CO (970) 920-5441, saraho@ci.aspen.co.us. s/Jasmine Tygre, Chair Aspen Planning and Zoning Commission 1 '-41;Il.,It,JU ill illt /Upt..1 1 1111(5 Ull ULLUUCL 17, LUUZ --- City of Aspen Accoullt Smooth Feed SheetsTM Use template for 5160Â® ALDERFER JOHNNIE MAE ALLERTON PHIL & VALERIE ANDERSON ANGUS A JR PO BOX 10880 945 W HALLAM ST PO BOX 1003 ASPEN, CO 81612 ASPEN, CO 81611-1163 ASPEN, CO 81612 ASPEN SQUARE CONDOMINIUM ASSOC BEN-HAMOO PATRICE CONYERS BERGMAN CARL R & CATHERINE M 617 E COOPER AVE PO BOX 2902 PO BOX 1365 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 BORDERICK MARK E & SHARON A BRADY KAREN KAY CITY OF ASPEN 939 W HALLAM 6344 NW 50TH ST 130 S GALENA ST ASPEN, CO 81611-1163 CORAL SPRINGS, FL 33067 ASPEN, CO 81611 COOK ROBERT C & MARSHA N COORDES HEINZ E & KAREN V CRYSTAL PALACE CORPORATION 3060 W PINE VALLEY RD NW 908 W FRANCIS PO BOX 32 ATLANTA, GA 30305 ASPEN, CO 81611 ASPEN, CO 81612 DOYLE R& G 10% SEARIGHT P 30% EIDSON JOY REVOCABLE TRUST-1/2 DACOSTA MAUREEN C DOYLE R T 111 30% GRIST F 30% EIDSON ARVIN WAYNE REVOCABLE PO BOX I 3711 EASTLEDGE DR TRUSTd/2 ASPEN, CO 81612 AUSTIN, TX 78731 PO BOX 271 SULPHUR, OK 73086 FAGAN PAUL L GALLAGHER SCOTT A GEIGER KRISTEN PO BOX 244 910 W HALLAM ST APT #1 941 W HALLAM ST ASPEN, CO 81612 ASPEN, CO 81611-1158 ASPEN, CO 81611-1163 GLATMAN THEMIS ZAMBRZYCKI GELLER SCOTT GIBANS JONATHAN GLATMAN BRUCE ROY 29 BARKLEY CIR PO BOX 8098 20034 CALVERT ST FORT MYERS, FL 33907-7531 ASPEN, CO 81612 WOODLAND HILLS, CA 91367 GREGORY KIRK GORTAN TIZIANO & ENRICA U GUTHRIE DAVID H & AMY L GREGORY PETRA 910 W HALLAM APT 6 920 W HALLAM ST PO BOX 10055 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 HECHT ANDREW V 12 1/3 % HEISLEY MICHAEL E HADDON HAROLD A & BEVERLY J C/O GARFIELD & HECHT PC C/O K J LONG 409 21 ST ST 601 E HYMAN AVE 2004 DIANA DR DENVER, CO 80205 ASPEN, CO 81611 MENDOTA, IL 61342 HINRICHS NANCY R HOWER DALE HUGHES GAIL 100 N 8TH ST #2 1024 E HOPKINS #17 712 W FRANCIS ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ~ AVERYÂ® Address Labels Laser 5160Â® Smdoth Feed SheetsTM Use template for 5160Â® JONES EARL T & SANDY 50% KEILIN KIM MILLER LANDIS JAMES H 307 N MONGOMERY ST PO BOX 10064 1501 MAROON CREEK #11 OJAI, CA 93023 ASPEN, CO 81612 ASPEN, CO 81611 LUU TONG KHON LICHTENWALTER GARY R LUU TONG KHON TRAN TUYET LE 814 W BLEEKER UNIT B-1 435 E MAIN ST 814 WEST BLEEKER - B4 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 MADSEN GEORGE W JR & CORNELIA G MATTHEWS DEE R OSHEROW PAM 931 W FRANCIS ST 5137 52ND ST NW 3528 NW 61ST CIR ASPEN, CO 81611 WASHINGTON, DC 20016 BOCA RATON, FL 33496-4001 OTT JOHN & CAROL M PATERSON CARRIE E PETROCCO J ANTHONY 101 E COOPER ST #203 270 CLIFF DR APT 11 910 W HALLAM #11 ASPEN, CO 81611 LAGUNA BEACH, CA 92651 ASPEN, CO 81611-3108 RAKESTRAW RONALD L REED BRENT H RICCIARDI RIK 947 W HALLAM ST 100 N 8TH ST #6 100 N 8TH ST #14 ASPEN, CO 81611 ASPEN, CO 81611-1124 ASPEN, CO 81611 SANCHEZ ANDY L & MICHELLE MAINS SCHAFFER WILLIAM H SHARP DESIGNS INC PO BOX 1801 814 W BLEEKER ST #B6 936 W FRANCIS ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 SHAW JAMES A SHERIDAN DAVID R Il 1/2 SHOAF JEFFREY S PO BOX 1816 PO BOX 11373 PO BOX 3123 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612 SISTY UGLERS FAMILY PARTNERSHIP SJR ASSOCIATES LLC SIEGEL ELIZABETH N & NEIL B LTD C/O STEVE MARCUS 4706 WARREN ST NW C/O CAROL ANN KOPF PO BOX 1709 WASHINGTON, DC 20016 770 CASTLE CREEK DR ASPEN, CO 81612 ASPEN, CO 81611 SMITH BRADLEY K SNEAKY LANE LLC SNOOK GARRY & SHARON 937 W HALLAM ST 1111 LINCOLN RD SUITE 400 P O BOX 10000 ASPEN, CO 81611 MIAMI BEACH, FL 33139 ASPEN, CO 81612 STUART DONA TALENFELD ELIZABETH G TOPELSON ALEJANDRO PO BOX 11733 915 W FRANCIS ST 4725 S MONACO ST #330 ASPEN, CO 81612 ASPEN, CO 81611 DENVER, CO 80237-3468 ~ AVERYÂ® Address Labels Laser 5160Â® Snwooth Feed Sheets TM Use template for 5160Â® UHLER FRANCES M ZUCKERMAN NORBERT A TRUST WILLIAMS LYNDAL 814 W BLEEKER 7439 MIDDLEBELT RD STE 2 910 W HALLAM ST #8 UNIT 82 WEST BLOOMFIELD, MI 48322-4163 ASPEN, CO 81611 ASPEN, CO 81611-3115 ~ AVERYÂ® Address Labels Laser 5160Â® Page 32, ASIEN atity NEWS Frieby, Ocleher 14 2002 ZERO Interest Financing ZERO Il down payment J I', 7 1- 17 1 1 1 i r !41 1 1 1111 1 8111!!16 , 1*UUit'19' iq.* 4 LE- 1%1.4.. 114#h i.~f 14 ''4#f UPL-PÂ¢ 91/9-1:' 1 11.11 111' i[Miklkl** 744e6,4 ' 1'*U.910~ 4/2/ms#)37-;-4, UJ. Ct_L____- t___ 1 _'|' '---EM'tâ€¢1itl~4..,i-,i =1 L__ ~ -- I'l |_~-1~.93it~~-T 1./.11 Prr@184â‚¬ - -1 payments till 2003 Ph ~ GM announces zero percent APR 4""2#* financing. with zero down payment, ~ *prieÂ¢j 0 and zero payments ~ till 2003 for L - qualified buyers through GMA[* = ~ .2- - Im - -1 + On every 2002 and 2003 Buick. Pontia[. GMC Only through October 31. Only from GMC Pontiac & Buick Â¥ Locals' Choice 2002 i Best Car Dealer De,VING *EXCrrEMENE - 42':A--4-,~Â»*m~ IE40TOE N 2 & 1 4 4 ti??Â·<# I# 9 1%Â§ *** s#:'4#ifÂ¥ 1%"*4 BulcK ~Sa â€¢ 2914 South Grand Ave., Glenwood Springs â€¢ 970-945-7466 WE ARE PROFESSIONAL GRADE. its all good 427. Toll Free- 1-800-488-7455 â€¢ email: automotv@berthod.com aspaixi*i,eivs.com -. WA1IERIN)LLUTIONCOIW1~ROL ACT: I'll~ Â«. 1 FREE The Roaring Fork Valley's only independent and locally owned newspaper 1 I i 1:1,4. + al" 1/2 "U you don't want it printed, don't let it happen." Printed on Recycled Paper FRIDAY, OCTOBER 18, 2002 VOL. 25 #110 1 Iraq war protest at CMC + i 7/46 1 -MI a t By Bernie Grauer gice President Dick) Cheney are doing this for their Aspen Daily News Staff Writer corporate friends." A protest against the United States' policy toward People from around the world hate the United States Iraq drew a passionate group of speakers and a few because we consume the majority of the world's 1-r- 1,111 dozen onlookers to a still-green, grassy swath in front resources and use cheap foreign labor to manufacture ': 1 0 1 l':1. 37.12 Â· 'I of the Colorado Mountain College student center ourconsumer items, he contended.With the economy ,* ... ) || p'| || H%*I ~. |I | | || Thursday. failing and Osama bin Laden presumably still at large, 7, ./. , 4"11111 4."14''iÂ· Several students, faculty and community speakers Bush needs a distraction, he continued. - decried America's "belligerent policy" toward Iraq, Lee provided a long list of countries where the , 1 which seems destined to lead to war with the outlaw United States intervened, from Lebanon to Chile, nation again, more than a decade after the first Gulf which he labeled "state-sponsored terrorism." i.li 11, 11 War. Iraq has consistently defied the United Nations' Ii//I'll requirements that it demonstrably rid itself of all weapons of mass destruction since that war. "Don't do to Baghdad what bin ExtÂ«L L sai~~on~tgd~ t~~'aa#C~Cw~t~~t~a~ie~o~~uoi~is~~ Laden did to us." tions and philosophy for 21 years. "Yes, we have the Doug Evans ~ power, but we should not use it to further our own hid- -- It '6, da * CMC instructor - - .r 1*4'..0.~ den agenda." He urged the government to seek a peaceful solu- - -~ 0 tion between Iraq and the United States and to use the "Sen. Ben Nighthorse Campbell (R-Colorado) and -T - = United Nations as the forum to resolve world conflict. Rep. Scott McInnis (R-Colorado), who support this i. -~ -* "Weneed tomakethisamorepeaceful,loving,kind war, will have the eyes of dead babies and killed sol- -ttiz Zie,-7 373*- and beneficial planet," Evans said. "We alllive on this diers staring at them," he said. "Going to war with Iraq planet.'? is an act of cowardice, a knee-jerk, macho bombing of As a first-year student and co-organizer of the a nation off the earth for 90 reason but politics." 1Â¥â€¢\:1%43- I Â· &2'Â·Â·Â·p.Â·.ti~'.3 .a :05'Â¥27~5:.rÂ· protest. Mandy Ownsby said that citizens should show A community peace march will form at Sayre Park -- .02ttÂ·'.Â·'~.20/ ~- -0,-' ~1' 4 m,4..14.Â·Â·su~.>*.3 that "we are not for this war," and peacefully do any- in Glenwood Springs at 1 pm. Oct. 26 and then march -ilir-- _6*W*>4'2.--= BA#*Mmud . ' t.* thing possible to stop it. onthe sidewalk toRep. ScottMcInnis'office,Leesaid. 49Frk,?4Â·}PU+4Â»Ft Â·. ,Â·, :*.*11' "I hear people expressing fear, confusion and dis- "I'm against this war as a person and a citizen," said sension about a coming war," she said. Tom Cochran, a CMC communications instructor. Â·Biee:l'*4*%'Â·'.~*'.'* '7~ Â·tw-Â·e.,Â· 1 ., eAk.ANTil, Ownsby urged students to register to vote and then "Our government lied to us in Vietnam and in the first to use the vote for peace. GulfWar and has to lie to justifywhat ifs doing now." - z.. 4,26 --4.%1.-1*k 4, 1- -*3139Â¢33 . "There's no mystery about this coming war," said If citizens are silent, the government will get what --~~~tr~.A.- R.:. _#.'4'.~t~*'t'vi~*Wsi . .... Glenwood Springs attorney Calvin Lee, the oIganizer it wants to go to war with Iraq, Cochran added. and spokesperson of the Roaring Fork Coalition for "This war is completely about oil and gas," said - - Chip Strait/Aspen Daily News Anti-war demonstrator Michael Salazar speaks to a gather- Peace, which has publicly denounced a possible war Clare Bastable, a CMC student. "Everyone knows oil ing of students, faculty and community members during a against Iraq. "The second largest oil reserves in the rally Thursday at Colorado Mountain College's Spring world are in Iraq and (President George W.) Bush and See PROTEST on page 4 Valley campus. River district seeks to tap City, county to launch Web site Venture costs $200,00~ comprehensive commurky calendar that 1 voters for-water supplies By Adam Preskill events, accordjng to project head Ruth will list all city and county meetings and 1 Kinney. By David Frey help shore up water supplies Aspen Daily News Staff Writer El,EfN by buying water rights not The city of Aspen has joined with Pitkin Web surfers can view a sample page of Aspen Daily News Correspondent In Colorado, it's often said, being used in federal dams, County to develop a new Web site sched- the new site, wllich is still under construe- uled to debut later this month. tion, through a link on the city's current site, water is worth more than gold. c:=:4â‚¬- UR like Ruedi Reservoir. The site, which will replace both the cur- www.aspengov com. The new site is set for On Nov. 5, Western Slope vot- =jar. mI The district also hopes to rent city and county sites, will feature a col- launch Oct. 31, Kinney said. ers will have to decide just ~~ use the funds to improve orful design with distinctive photo images Because the city and county share an how much it's worth. 22Â®Â®2 leaky water delivery systems of the Maroon Bells and the Silver Queen inforrnation systems department, in which The Colorado River Water and help cover the costs of Gondola across the top of the home page. Kiriney serves as a network applications Conservation District is asking lining some ditches and More important, it will also provide specialist, the dcxision to make the new site voters to approve Referendum access to a significantly increased sampling 4A, a property tax increase intended to See WATER on page 5 of government information, including a See WEB on page 4 hi D Local .........3 Car-share program Culture clash underlies Taking Issue: 1 --1- 1 jAMA D State .........3 f _,14.11 expands fleet; Squirm cross-state rivalry of Series The Colorado .1. Wildlfe Commission I t. 1. DI D Movies . 5 4< Nights on Monday, Tuesday versus wild cats , 1 3 National .....12 L "F ' I D Sports .......16 Partly Cloudy/Page 35 Page 3 Page 16 Page 6 Â£6-LJ D Horoscope ...19 3 Comics ......20 * Sniper iâ€¢vesligators: Wilness gave false info aboull van/Page 13 D Classifieds ...22 9..... : Page 2, ASPEN DAILY NEWS, Friday, October 18, 2002 i ....1 1 ... 1 . '4-0 0 .1 . - 5/7 E. Hyman Ave. f -Â· I / . A .. . A .... 925-109% 4/7- , 1 . Seref //:30-/0/54 01 BEER WINES *ng.2,2/:0:**~5:.*.49-6-il-~,9!~~au;10/:%61::ilfil:.3115101~.6,=222:==aSet= Heineken & Amstel Ught 6 Pack Bottle ...$5.99 Meridian Chandonnay... $7.99 ~ Bud & Bud Lita 18 pack Gane ... $13.99 All Fbrrfolde.... $8.99 Tecate 12 pack can ... $9.99 Bud & Bud Lite 12 pack cans ... $9.99 Fat Bastard Chadonnay....$9.99 Coore Light 18 pack cane.... $13.99 Water Pollution Control Act: Coore & Coors Light 12 pack can .. $9.99 LIQUOR Coore Extra Gold 12 pack can... $5.99 Smirnoff Vodka 750ml... $11.99 30th Annivers ary PacHic. 12 pack. $12.99 Jim Beam 750 mi travler or Dottle... $12.99 Corona 12 pack... $12.99 Oct. 18,1972. Overriding President Nixon's ~~ LaBatt Blue 12 pack can... $8.99 veto, Congress passed a $25 billion Water .Z---~ , Bacardi Light & Gold 750 mi... $12.99 All Boulder Beers...$5.99 Pollution Control Act. WE DELIVER! â€¢ 925-7699 10% OFF MD( AND MAICH CASES 435 E. MAIN ST. GREAT DEALS AND MANY MORE!!! (NEXT TO THE ASPEN STORE/TEXECO) OPEN FRIDAYS AND SATURDAYe TIL 11:00 PM We 4%33+2 Today is Friday, Oct. 18, the 291 st day of pended Tommie Smith and John Carlos for giving a F 4,1,4 :.wÂ»---1.2~#e.....~ 2002. There are 74 days left in the year. "black power" salute as a protest during a victory ;2*_, i' jÂ°w=- -11 72 '11.:.'! ~~ ~~ ~-7. Â¥Â¥Â¥Â¥Â¥ Â¥Â¥Â¥Â¥Â¥ , Today's Highlight in History: ceremony in Mexico City. - r/1 On Oct. 18,1767, the boundary between â€¢ In 1969, the federal government banned N. 11 11 4- S,~ E - I 11 Maryland and Pennsylvania, the Mason-Dixon . artificial sweeteners known as cyclamates because ~f + line, was agreed upon. of evidence they caused cancer in laboratory rats. ~ -0 C AC HEÂ· CAC H-E On this date: â€¢ In 1982, former first lady Bess Truman died Ul FRENCH COUNTRY â€¢ In 1685, King Louis XIV of France revoked at her home in Independence, Mo., at age 97. 1 + -1 CUISINE the Edict of Nantes, which had established legal Ten years ago: The visiting Toronto Blue Jays toleration of France's Protestant population, the defeated the Atlanta Braves in game two of the p -1 #'f ' 1-14./ Huguenots. World Series, 5-4, evening the series at one game + - 41 SATURDAY, OCTOBER 19TH â€¢ In 1867, the United States took formal pos- apiece. (The pre-game ceremony was marred by a ~ LAST NIGHT session of Alaska from Russia. U.S. Marine Corps color guard that mistakenly pre- *r 71F 4 MMO â€¢ In 1892, the first long-distance telephone sented the Canadian flag upside-down.) . = '1 - C '4=. OF THE SEASON . line between Chicago and New York was formally Five years ago: A monument honoring 11.C P. -1 1- i opened. American servicewomen, past and present, was 1 4// Open nightly from 5:30 - Close â€¢ In 1898, the American flag was raised in dedicated at Arlington National Cemetery. The 205 South Mill S treet â€¢ 925.3835 Puerto Rico shortly before Spain formally relin- Florida Marlins beat the Cleveland Indians 7-4 in .~ www.cachecache.com quished control of the island to the United States. game one of the World Series. 1 â€¢ In 1931, inventor Thomas Alva Edison died One year ago: CBS News announced that an in West Orange, N.J., at age 84. employee in Dan Rather's office had tested posi- â€¢ In 1944, Soviet troops invaded tive for skin anthrax. Four disciples of Osama bin -6 .71-Â·Â¥--An .. ,<94 Czechoslovakia during World War 11. Laden were sentenced iii New York to life without â€¢ In 1962, Dr. James D. Watson of the United parole fortheir roles inthe deadly 1998 bombings : i Â·ty.=.,<-4.-- #+:t- *:3(0.:~-i.-~- /A-- -1 -/' ''k'p-->1:3.-:9':.'--...';0-*g'~:* States and Dr. Francis Crick and Dr. Maurice of two U.S. embassies in Africa. Wilkins of Britain, were named winners of the Thought for Today: "The strongest are those ..1 -Â·WHEELERÂ· 2 irtÂ· 44Â»~ i Nobel Prize for Medicine and Physiology for their who renounce their own times and become a liv- work in determining the double-helix molecular ing part of those yet to come. The stiongest, and - structure of DNA. the rarest.7 - Milovan Djilas, Yugoslav author and Aspen's Place Fo r... â€¢ In 1968, the U.S. Olympic Committee sus- politician. 1- $ 1.75 Michelob BREWS pints ~ Day Every Day! r--1 Take a hike or ride + . 1 /2 lb. ~2~--r : i ']:Iâ‚¬ERS d*J your bike to ink! $6.25 **= -Â· BLOODIES> 94 "ASPEN'S BEST COFFEE" ASPEN DAILY NEWS, AsPEN TIMES All Day 520 EAST DURANT ~155 Corner Of Mill & Hyman : .:iqi . 1 1- Saturdays & Sundays (UNDER POLO - ACROSS FROM THE [3Â¤NDCULA) .In 920-2240 MEET ME AT THE UTE f CIRCULATION: Throughout Aspen, Snowmass Village, Woody Creek, Basalt. El Jebel, Carbondale and Glenwood Springs General Manager.. ...Greg Mebel Press Manager Dave Martinez Editor. ...Rick Carroll Lead Pressman. . ...Greg Stidom LUNCH SPECIAL Assistant Editor... ......Troy Hooper Business Manager/Receivables.. .....Corey Sorensen Reporter... ...Bernie Grauer Circulation Manager . ...Corey Sorensen #*A,t ORIENTAL SPINACH SALAD WITH Repomr.... .Adam Preskill Classified Sales. Lauren Yant Photo Editor... .......... ... ......Chip Strait Classified Sales... ....Melissa Roth GRILLED SALMON $7.95 Special Sections Editor.... .......... ...Amiee B. White Sales Manager... .....Brad Stevenson Special Sections Asst./Music Writer.....Sari Tuschman Advt.tising . ...Kendall Henry Copy Editor/Proofreader ..Cory Jubitz Advertising......... ..... ..Lynn Chaffier Copy Editor/Proofreader ...Amanda Dale Advertising . ..Beth Donahue Production/Systems Manager.. ...Leigh Kelley Advertising ...Katie Names LOCAL'S DINNER SPECIAL Design Editor... ..Drew Barnes Advertising. . . Bob Albright Page Designer/Production ..Michael Nakagawa Midvalley Advertising. Josh Behrman Production .. ...Jeremy Sweeting Downvalley Advertising Suzi Evans 2.4.1 ENTREE Production .. ..Alison Blair Front Office.. ....Alison Danforth Creative Dinner Menu Featuring Personalized Production .. .Ilka Evans Owner/Staff Mascot. . .Dave Danforth Cuisine by Owner & Chef Maurice Couturier With the purchase of 2 appelizers "If you don't want it printed, don't let it happen." The ASPEN DAILY NEWS is published doily by Ute City Tea Party. Ltd. FOOD â€¢ WINE â€¢ SPIRITS â€¢ AMBIANCE â€¢ ENTERTAINMENT The paper was founded July 1.1978. by Dive Danforth. Lee Duncan and Mark W. Shaw. 517 E. Hopkin. Avenue.AÂ·.pen. CO 81611 â€¢Tel: 970/925-2220. Fax 970/920-211% Web Site: www.aspendailynews.com In the Historic Ute City Bank Building at Mill & Hy#lan 0 920-4699 - Â© Copyright 2001, Ute City Tea Party Ltd. dba Aspen Daily News ASPEN DAILY NEWS, Friday, October 18, 2002, Page 31 PROP E-R T YTIVI AINTENANCE MARKET CLOSINGS WA~TF SF RVICES Four Seasons jerry WEDNESDAY'S CLOSE 0NSTRUCTION Property Maintenance DOW *219.65 @ 8,036 ~ BRIS REMOVAL 920-9274 Blumberg NASDAQ 0 50.02 @ 1,232 ), 20, 30 & 40 17:*lf.ment INVESTMENTS PFIZER . 1/8 @ 31 7, ) CONTAINERS WAL MART + 'h @ 56 3/4 LOCALLY â€¢ Roof Cleaning â€¢ Exterior Lighting Professional Investment Strategies MEDTRONICS + 78 @ 44 JED & OPERATED MONTAUK FINANCIAL Web Site http:Uwww.montaukfinancial.com 945-/550 / 888 29-WASTE â€¢ Gutter Cleaning â€¢ Bear Proofing Member NASD/SIPC 600 East Hopkins â€¢ 920-2505 Don't have a prayer? Prayer lines mean you can always call for one By Bobby Ross Jr. Room prayer line, said callers like the name, hang up on them because God knows morning, her phone rang 28 times. Assoaated Press Wmer . anonymity the ministry offers. Volunteers your last name,"' said Ole Anthony, Trinity 'The Lord has blessed me in many, NASHVILLE, Tenn. - Out of a job, ask only for first names and home state or president. many ways. If I can impart some of the "Snooky" from Maryland turns to a 1-800 country, but providing eventhatinformation While Upper Room is a ministry of the Lord's blessings on the people that call, that number. is optional. 8.3-million member United Methodist is all I can hope for," said Smith, a It's not an employmeni service, though. The telephone requests are forwarded Church, volunteers are from several Pre gbyterian who credits prayer with help- It's a 24-hour prayer line. around the world to 350 prayer groups who Christian denominations. About '120 people ing her husband of 47 years survive lung The call reaches the home of an 89-year- recite the prayer for 30 days. in Nashville routinely answer calls on 'week- cancer. old woman - one of a legion of volunteers "People sometimes are afraid to have days. Some callers want God to cure theircan- " - who writes down the woman's prayer other people know they have a problem, Some work from the Upper Room office, cer, Others need help fixing broken rela- request and asks God to help. Benedict said. But with the Upper Room butmost havecalls forwardedtotheirhomes. tionships.Afewhope towinthelottery. Jim "Be with her right now. Lord, and help prayer line, "they can call and know they're Nationally, 6,000 people working two-hour Roy, who retired as the center's manager on hershuthereyes and see you,"the volunteer safe and share that concern and have some- shifts keep the line staffed at night and on SeI,t. 30, said the volunteers don't try to prays. "Let her open her ears and hear what one pray for them." weekends - 365 days a year. convince callers to pray for something else, you have to say just to her." Sometimes callers can get help even if a "There's so many people that don't have but instead hope God can move the person TheNashville-based UpiÂ¤Room Living volunteer isn't immediately available. "At aplacetoturn," said Clayton Easter,aprayer in the right direction. Prayer Center, an ecumenical ministry fund- thetone,leave yourmessage andrest assured line volunteer in Columbia, S.C. "We can'tbe in the judgment business," ed by United Methodist Men, receives more that your request will be played for," said a Theprayerline started in 1977 as a vision Roy said. "We can't be into counseling or than 25,000 telephone prayer requests each recording on the Peale prayer line recently.A of Maxie Dunnam, who was then an editor gii ing advice orproselytizing ortelling our monlhand anadditional 5.000 bye-mail, fax voice on the Silent Unity PrayerMinistry in of Upper Room devotional magazine. The problems. We simply pray for them." and regular mail. Kansas City, Mo., comforts callers on hold publication still adveitises the toll free num- In one case, that meant honoring the It is one of many telephone lines and Web with the recording, "While you wait, be ber- 1-800-251-2468-butsomefindthe priiyerrequestofawoman who called every sites across the nation trying to connect peo- assured that God's love is with you." line through chance. A Texas waitress told day for two months asking God for a red ple with God. Yetcallers should still be careful nottobe NorthCarolina volunteer Jim Davenport she Jeep Cherokee. A few years later, she called From the Assemblies of God's " 1-800-4- too trusting, watchdog groups like the Dallas- saw the line on a dollar bill she received as a back. PRAYER" line in Springfield, Mo., to the based Trinity Foundation warn. They advise tip. "She said, 'I didn't get the new red Jeep Peale Center for Christian Living prayercen- against giving an address or credit card num- Margie Smith, 71, answers calls for two Cherokee,"' Roy said. "But she said, 'The ter in Pawling, N.Y., volunteers take prayer ber to people working for prayer lines. hours every Tuesday and Thursday - evangelist who led me to Christ drove up in requests around the clock. "I've always said, 'Ifyou call a prayirline whether she's in Nashville orat her family's a brand new red Jeep Cherokee. "' Mary O. Benedict,manager of the Upper andthey want anything morethan your first retirement home in Florida. On a recent "That was a good lesson for ali of us." AVSC Nobu 1 a s p e n Â· - _- _Â·-Â·atsuilisa 10Â» i i ky#--1,1 ASPEN VALLEY SKI/SNOWBOARD CLUB'S ~-- ' COURMET JAPAi ESE SEAFOOD&SUSHI 1 1 OFF-SEASON L CALS' MENU World Class Cliisine at ocal Friendly Prices e $9 PER TEM * - )SteeR;Â·-3.Â·*Â·I . Â·Â· Â· Â·41*m:.Â· EK'; Â¢0,Â· ..: SPOET>SWAr Sushi Appetizer 5 pi~ ... :- New Zealand Greenlip Mussels ' in Spicy Garlic Sauce Sashimi Appetizer 6 p~. Â· 4.: iu. ~ Tempura Rock Shrimp in Butter Sunday, October 20th, 2002 â€¢ 10:00 a.m. - 3:00 p.m. Crab Cake ~ ~Â· - Pon:u or Creamy Spicy Sauce El Jebel - Bank of Colorado parking lot* Vegetarian Special ~ Tuna Sashimi Salad (across from City Market) '.~ f ~ Squid Pasta 1 - T Yellowtail Jalapefio IX A[pine, Snowboard, Nodic,Telemark el Freestyle Equipment :ti Salmon, Whitefish or Beef ~., -Â«Â« Â· ~ Clothing, Bikes,Camping Gear a Much, Much Mord New Style Sashimi Broiled Black Cod w/Miso Chicken, Beef or Salmon Skewers T .r-)~Ai*i **EE~:U~MISSION i- with choice of Anticucho, 7~riyaki, Udon or Soba Noodle Soup with COMMERCIAL VENDORS: or Wasabi Pepper Saufes Chicken, Seafood or Tempura â€¢ Stipleton Spons â€¢ Pride SnowboardS â€¢ liolar Revollition â€¢ Asixn Adivities â€¢ 1 [arr~iltorl S)orts â€¢ rufomlance Ski â€¢ Srx,wmass Sports â€¢ MÂ¥*ur S x,rts . 1 â€¢ Surllight Ski & Mike Shop â€¢ Stefan Kaelin Pro Shop â€¢ Casual Culture The Locals' Omakase am & â€¢ Heidi Hats â€¢ Mount Royal Trading â€¢ Skiewil Kier Sports . â€¢ Skating Club â€¢ MI 1 Sports Â· :) f $5 SPACE PEES: -,fÂ· Don't forgef us for ur catering needs! ~ Individital Seller - $25 in advance/$40 Mt the door Comniercial Vendor - St 25 for space '>Ills 10% Con"inlission u CALL NOW TO EEREAVE YOU~ tilfACE Dinner Tuesday - Sat rday, from 6:00pm 303 East Main Street Aspen â€¢ 544-6628 910'925-2120 X *01 PUBLIC NOTICE DATE- 1-2 1 TIMEUriny:t~ 4-1 1/411 00 5 l,ALF'G PLACE=a-ILLU4 PURPOSE glit .APPROV 4Â· U VAR . * h ?1.1 ;. 1 f t.. 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A*J .Â¥M4k 9. - . 1 9 r~ 2.,. 7 4-7-* 1% . 9 - \r .5 A & .'t. -1.,F 819 The Aspen Times â€¢ Saturday-Sunday, October 19-20,2002 THE LISTINGS Basalt Bible Church, 20451 Highway 82, Basalt, 927-4342. The Wheeler Opera House is seeking arts groups or individ- Sunday service at 10 a.m. uals interested in taking part in or performing for the P--9 third annual Holiday Open House scheduled for Sunday, 1 ~ The Science Outreach Center is offering Basalt Community United Methodist Church, 200 E. Home- Dec. 8. Call Jeanne at 920-5770, ext. 2. "Beyond the Classroom: Hands-on Sci- stead Drive, 927-4098. Sunday services at 9:30 a.m. in ence" classes after school in Carbondale Basalt and 7 p.m. in Thomasville. The Aspen Saturday Market, featuring a farmer's market 4 and Basalt. Classes meet from 3:30 to and arts & crafts, will continue through October on Satur- Christ Community Church, 20351 Highway 82, Basalt, 927- 5:30 p.m. on Tuesdays at Crystal River days from 9 a.m. to 4 p.m. Located on Hopkins Avenue 3889. Sunday service at 10 a.m. < Elementary School and on Wednesdays between Hunter and Galena streets, and in Conner Park, St. Peter's Episcopal Church, 200 Elk Run, Basalt, 927- next to City Hall. ~ 7- at Basalt Elementary School. For more i/ information call Cherie at Crystal River 4235. Sunday services at 8 a.m., 9:30 a.m. and 5 p.m. The Colorado State Patrol will hold "Alive at 25" driving Elementary at 384-5627 or Linda Slay- St. Vincent's Catholic Church, 250 Midland Ave., Basalt, classes from 10 a.m. to 2 p.m. on the following Sun- baugh at Basalt Elementary at 384-5828. 704-0820. Sunday Mass at 8:30 a.m.; Saturday Mass at days: Oct. 27; Nov. 10; Nov. 24; and Dec. 15. Classes St. Stephen's School in Glenwood Springs has opened a pre- 5:30 p.m.; Spanish language Mass at 7 p.m. Saturday. are held at the CSP office in Glenwood Springs, 202 Cen- school (ages 3-5) and is now accepting registration for the tennial St. Cost is $30 if court-orderedÂ· or $20 if volun- current school year. Call the school office at 945-7746 to Marble Community Church, Marble, Communion Sunday at tary. Call 945-6198 for reservations. Class size limited to 10 a.m. 25. schedule an appointment with school director Jessica Rid- die. Wheeler Opera House tours are offered Monday through The local Buddy Program is seeking adult volunteer mentors Thursday at noon, depending on availability. 920-5770. in the Aspen and midvalley areas, particularly men, to act Rock Bottom Ranch will host a Field Study The Roaring Fork Duplicate Bridge Club meets on Mon- as positive role models and companions to local children days in the gallery at Colorado Mountain College Aspen ages 4-18. Call 927-1001. - ~=- Center opening and celebration and har- vest party. Tour the center, listen to Campus. Registration at 12:30 p.m. and ACBL-certified The Glenwood Springs Center for the Arts is offering new 11- - some music, participate in some harvest game at 1 p.m. Cost is $7 for members, $11 for non- Dance Education and Fine Arts Training programs for - games. From 1 to 5 p.m. Saturday, Oct. members. For more information call Dorothy Segel at - 27, at the Rock Bottom Ranch in the 927-8449. homeschoolers starting in September. For more informa- tion call 945-2414. midvalley on Hooks Spur Road. Call 927- National Scrabble Association club meets at the Glenwood 6760 for information. Springs Community Center from 1-3 p.m. on the first and Columbine Kids in Basalt is accepting enrollment for its fall Roaring Fork Valley Model Railroaders 10th annual train third Sundays of each month; and at Z616 in Aspen at 7 preschool, and fall pre-K programs, which include ages 1 show, at the Hotel Colorado in Glenwood Springs, Oct. 26 p.m. on the first, third and fifth Tuesdays of the month. through 6. For more information call Denise at 927-4505. and 27. Show runs from 10 a.m. to 8 p.m. on Saturday, Open to all skill levels. Cost is $3. For more information The Pitkin County Ubrary offers story hours for toddlers (age call Diane Manown at 963-0426. 2 and guardians) on Tuesdays from 10:15-10:45 a.m. and from 10 a.m. to 4 p.m. on Sunday. The Gabriel Foundation offers free tours of its exotic bird Wednesdays from 11-11:30 a.m. Preschool story hour Volunteer usher training will be held at the Wheeler Opera House in Aspen on Saturday, Oct. 19, from 1 to 2:30 p.m. sanctuary located at 2101 Emma Road, between Basalt (ages 3-5) meets on Tuesdays from 11-11:30 a.m. and on RSVP a must at 920-5787. and El Jebel. Call to arrange a tour, 963-2620. Wednesdays from 10:15-10:45 a.m. Tunes and Tales (ages 4-9) meets on Thursdays from 10:30-11 a.m. The Midvalley Seniors, at Valley Pines, have a variety of through Aug. 15. 925-4025. The Carbondale Community Drum Circle will meet on Friday, activities each week: excercise class Tuesdays and Oct. 18, at 7:30 p.m. at the Carbondale Community School. Beginners' lesson ($5) starts at 6:30 p.m. Drums Thursdays at 10:30 a.m.; tai chi class every Wednesday Gyminikids! offers weekly programs for children ages 3 at 10 a.m.; bridge on Fridays at 11 a.m.; chair massage months to 4 years and their parent or guardian. Other available to rent ($5). Call Laurie Loeb at 963-2798. on the first and third Thursday of each month; line dane- activities include Child and Infant CPR, Sing Along, Cre- Aspen Media Review presents a discussion with former ing the third Tuesday of the month; book club the second ative Memory Scrapbooking Workshops, Organized Out- CBS-TV newsman Bernard Goldberg on his book, "Bias - Wednesday of the month. Lunches on Tuesdays and ings, Open Play sessions, Drop and Shop/Gym Classes A CBS Insider Exposes How The Media Distorts the Thursdays. Meals on Wheels on Tuesdays and Thurs- and Birthday Parties. Free trial classes available. For more News," at 2 p.m. Sunday, Oct. 20, on KAJX, Aspen Public days. For more information and additional activities call information call Jennifer Bruno or Michelle Bruno-Bassi at Radio, 91.5-FM. 927-6430. 927-1000. Located at 180 Fiou Lane in Basalt. The Basalt Lions "Clean for Cash" program is accepting The WINGS Foundation, Inc., offers programs and services Basalt Regional Library Reading Program: Story times for applications from Basalt-area youth organizations interest- for adult survivors of childhood sexual abuse. For more children not yet in school are at 10:30 a.m. on Wednes- ed in cleaning the Basalt stretch of Highway 82. For more information on groups or volunteer opportunities, call days and Saturdays. For more information call Susan at information call Bob Jacobson at 927-8080. WINGS at 303-238-8660 or 1-800-373-8671. 927-4311. NEW YORK TIMES SUNDAY CROSSWORD PUZZLE DOWNWARD SPIRAL BY ELIZABETH C. GORSKI / EDITED BY WILL SHORTZ 1234 5 54 7 8 9 10 11 12 13 14 15 16 17 18 ~19 20 ~21 ACROSS 53 Chuck 92 Straight-billed 7Oz visitor 22 23 1 Mahler's "Das Lied 54 Not end on game bird 8 Now, in San Juan 25 26 ~ 27 ~ 28 29 30 von der " schedule 94 -Cat - 9 Plaza de 5 Children's word 57 Tabloid publisher's 95 Stay away from 10 Spanish wave 31 32 33 ~ 34 35 after one, two or concern 98 Some series bonds 11 Perp pursuers 38. 39 40 ~ three 58 Prefix with meter 100 Burgundy wine 12 Keatsian tribute - - f 11 Co. offering 59 Port city built 101 "Doesn't this strike I 43 44 ~45 46 47 3 & 48 13 Antifreeze broadband service around an old 99 - - you _. ingredient 49 50 51 52 ~53 I 54 55 56 17 Chaucer tale-teller volcano crater 104 Outstanding 14 What the - 19 Certain spirits 61 Incomparably, after 105 Airline locale highlighted squares 57 .58 ~59 60 21 "Cool Water" "by" - I.. 107 ln-flight details, for in this puzzle ~65 66 ~ 67 singer 62 The Fed's concern: 62 ~63 64 short represent - 22 Subject of the book Abbr. 108 When said three 15"This instanti" 68 ~69 ..IM ~71 "Disaster in 63 Keep an - times, a 1964 - Dearborn" 16 Chatterbox 65 Having sound Billboard hit 72 74 75 ~76 23 Pertaining to a 67 Gardner of"The 109"So there you are ! walls 77 ~79 80 ~,4 ~81 82 â€ž 18 Student inside ivied - - shore Barefoot Contessa" 111 Certain bathing suit 19 Tattered Tom's - .- 24 Engine fuel 83 84 I 85 ./8 68 Make an 114 See-through sheet creator - 25 President born on impression - July 4 116 Never 20 It goes downstairs 87 2=90 I 91 27 Sierra Madre 69 Neighborof N.M. 119 Dance to "Minka," 26What 14-Down - 92 93 ~94 ~ 95 % %** 97 98 treasure 70 Dust Bowl refugee e.g represents 9 28" a Blue World" 71 Dutch import 120 Threes 29 Pair of oxen 100 101 102 103 ~ 104 106 ( 1940 hit) 72 Animal with 121 Site in - ~ - 33 La-la lead-in 107 ~108 ./109 11*%~ 111 112 113 curved horns development? 30 Unit of yarn 35 Suffixes with ball I.I - 31 Cowboy's moniker 73 Tug at 122 Circus sight 114 115 ~116 117 4% 118 ~119 and bass 75"Veni, vidi, vici," 123 Marsh plants 32"Quo Vadis" role 36Washington's _ 120 122 e.g. 124 Prayer Circle 34 Together 76 I 00 for an I.Q. 125 They bring things 38 Feel remorse for 123 ~124 125 36 What flames may 77 Bailout key down - do 40 Off 78"Sorry to say . ' 37 Neighbor of Isr. 44Muchof N.J.'s 54 Sequence involving 73 Dick Van of 89 Open witha click 106 Heart throbs 79 Plastic Band DOWN - 39 Unlawful firing? coast - "Eight Is Enough" 90 Nanki-_ of "The 108Come clean, with 3-Down 41 River to the Volga 81 Be doubly 1 Put up 46Likethe Who, in 55 Ancient Spanish 74 Slurping at the Mikado" "UP" protected 42 Anesthetized 2 Starts from scratch the 60's kingdom dinner table, e.g. 83 Edit out 92 Refines 3 Part of 26-Down, 47 Zoo de Madrid 56 British metric units 75 Physics particle 110 People on the Platte 43 Widen. in a way 93 Kind of walk 85 Years abroadÂ· old-style animals 112 Second Itr. addition 45 Lead has one 59 Earthquake-prone with an integral 86 Imputes 4Robbie's daredevil 96 Kind of bobsled 48 Like one terminal 49 Having feathers world capital spin 113 Teensy bit ofa battery: Abbr. 87 Receptionist's info: dad 80 Alphabet trio 97 Star in Cygnus 50 Hunter's need 60Talking points? 115 It gets things off the 49Easyopenings Abbr. 5 They help you get a 51 Cause of a late 64Tic-tac-toe win 821930's inits. 99 Nurse 88 Musicof Abbaor grip 84 Shedding light on 102 Name on a hospital ground For any three answers. call 1950's scandal 66 New pedometer Roxette 6Mo. in which to fuLUÂ°%%.or.fltz: 1 - 91 Message Waiting celebrate Mother- 52 Potential boat reading 85 Buck add-on wing, perhaps 117 Howe'er minute. instruction in-Law Day capsizers 71 Store on a farm 88 Biblical twin 103 Calcutta cloth 118 U.N. workers' grp. Solution to last week's puzzle on page B5 .2,1 Id. , , 1, 10 El-MA Saturday-Sunday, October 19-20, 2002 â€¢ The Aspen Times 823 PUBLIC NonCE EXHIBIT "C" THENCE SOUTHWESTERLY TO TIE NORTH CORNER OF THE REEDVILLE LODE (PATENTED ME'JING CLAIM) MINERAL SURVEY NO. 4832, FI.YING PAN MINING DISTRICT; ALBION CAPITAL CORPORATION THENCESOUTHWESIERLY ALONG'rEE NORIMWEST BOUNDARY OF SAID REEDVILLE LODE TO THE LEGAL DESCRIPTION OF PROPERTY SOUTH LINE OF THE SE]/4 OF SAID SECTION 14; - THEN(IE WESTERLY AIDNGTHE SOUTtl LINES OF THE SE1/4 AND THE El/2 El/2 *1/2 SWI/4 OF SAID SECTION 24 m THE SOUTHWEST CORNER OF 'rHEE]/2 El/2 El/2 SWL/4 OF SAID SECTION 24; THENCE NOR'IHERLY A]LONG THE WEEr LINE OF THE El/2 El/2 El/Z SWI/4 OF SAID SkiCTION 24 3 0 THE ENTERSECTION WITH THE SOUTHEAST BOUNDARY OF THE GOOD HOPE NO. 4532, FRYING PAN MINING DISTRICT; PARCEL ID THENCE NORTHEASTERLY AND NORTHWESTERLY AIDNG THE BOUNDARY OF SAID GOOD HOPE NO. A PARCEL OF LAND, ALSO KNOWN AS TRACT 3, MORE FULLY DESCRIBED AS FOLLOWS: 2 LODE TO THE INTERSECTION WrrHTEE SOUTHEAST BOUNDARY OP rHE POVERTY LODE (PATENTED MINING CLAIM) MINERAL SURVEY NO. 4831, FRYING PAN MINING A PARCEL OF LAND BEING A PORTION OF THE PATENTED PLACER CLA]MS CYCLONE NO. 1, DISTRICT; 2, AND 3 AND PATENTED LODE CLAIMS, HIGH[AND CHIEF AND STARLIGHT MINERAL SURVEY THENCE NORTHEASTERLY AND NORTHWESTERLY ALONG THE BOUNDARY OF SALD POVERTY LODE ~ NO. 6214 OF THE FRYING PAN MINING DISTRICT, PrrKIN COUNTY, COLORADO, SNUATED TO TEIE SOUTIEAST CORNER OFTHE N DRIUSTAR LODE (PATENTED MINING CLAIND MINERAL IN THE St/2 Sl/2 NEL/4; Em Wl/2 SEI/4 AND El/2 SE1/4 OF SECTION 24, TOWNSHIP SURVEY NO. 4832, FRYING PAN DISTRICT; B SOUTII, RANGE 84 WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS; THENCE NORTHWESTER]LY ALONG THE, NORTHEASr BOUNDARY OF SAID NORTHSTAR LODE TO A FOINT WHICH BEARS N 88 DEGREES 32"A FROM THE POINT OF BEGINNING; BEGINNING AT A POINT WHENCE THE WEST CORNER OF SAID SECTION 24 BEARS S 00 THE:NCE S 88 DEGREES 51'E TO THE POINT OF BEGINNING. 1 DEGRUS 35'E 870 FEET AND N 45 DEGREES 23'E 1,891.6 FEET; THENCEN 00 DEGREES 35'E TO THE INTERSECTION WITH THE NORTH LINE OF THE St/2 COUNTY OF Pr[KIN i Sl/2 NEL'4; STATE OF COLORADO 1 THENCE EASTERLY ALONG THE NORTH LENE OFTHE SL/2 51/2 NEV4 TO THE NORTHEAST . 458787 CORNER; rHENCE SOUTHERLY ALONG THE EAST LINE OF '1 HE Sla SUZ NEL/4 TO THE EAST QUARTER ,mlminiziII;IiIinmimm*MHIM 09/19/2001 12:18P Page: 9 of 11 CORNER OF SECTION 24; SILVIA DAVIS PITI(IN COUNTY CO R 55.00 D 0.00 THENCESOUTHERLY ALONG THE EAST LINE OF THE El/2 SEL/4 m A POINT WHICH BEARS PARCEL M: EAST FROM THE POINT OF BEGINNINGS ~ THENCE WEST TO THE POINT OF BEGINNING. EXCE,EING TIEREFROM THAT PORTION CONVEYED OUT BY DEED RECORDED OCTOBER 10, 1967 A PARCEL OF LAND BEING A PORTION OF THE PATENTED PLACER CLAIMS CYCLONE NO. 1,2. IN BOOK230 AT PAGE 30 AS RECEPrION NO. 128812. & 3, AND PATENTED LODE CLAIMS HIGHLAND CHIEF, STAR LIGHT. AND NEW YORK MINERAL SURVEY NO. 6224 OF THE FRYING PAN IVIINING DISTRICT. PITKIN COUNTY. COLORADO COUNTY OF Fl'rKIN SECTION 24. TOWNSHW 8 SOUTH, RANGE 84 WEST OF THE. SIXTH PRINCIPAL MERIDIAN. SITUATED IN THE EAST 1/2 WEST 1/2 SOUTHEAST 1/4 AND EAST 1/2 SOUTHEAST 1/4 OF Â¢TATE. 011 COLORADO AND THE WEST 1/2 WEST 1/2 WEST 11:1. SOUTIiWEST-IL# QK-SECIION -TOENSHIM SOUTH. RANGE 83 WEST OF THE SIXTH PRINCIPAL MERIDIAN DESCRIBED AS I - BEGINNING ATA POINT WHENCE.nULPYEE-QUARTER-CORNRILOF-SAIDSEGION-248*ARS PARCELF: THE NORTHERLY 1/4 OF THE LEGAL TENDER LODE (BEING APPROX. 300' K 375' IN MORTH 45 DEGREES 23' EAST 1.892.6 FEET: DIMENSION), USMS NO 4832; WHICH C[AIM IS LOCATED IN THE FRYING PAN MINING THENCE NORTH 00 DEGREES 35' EAST 870 FEET. DISTRICT, IN SECIION 25, TOWNSHIP 8 SOUTH, RANGE 84 Â¥VEST OF THE SIXTH PRINCIPAL THENCE EAST TO THE INTERSECTIOIV WITH THE EAST LINE OF THE EAST.ladQUIHEAE 1/4 OF SAID SECTION 24: MERIDIAN. COUNTY OF PrrKIN. STATE OF COLORADO THENCE NORTHERLY ALONG THE WEST LINE OF THE WEST 1/2 WEST 1/2 WEST 1/2 SQUTHWEST 1/4 OF SAID SECTION 19 TO THE NORTHWEST CORNER THENCE EASTERLY ALONG THE, NORTH LINE OF THE. WES111,LaM~ElLA-E53]LIZZ SOUTHWEST 1/4 OF SAID SECTION 19 rO THE NORTHEAST CORNER: THENCE SOUTHERLY ALONG THE EAST LINE OF THE WEST 1/2 WEST 1/2.WEST 1/2 SOUTHWEST 1/4 OF SAID SECTION 19'rO THE NORTHEASIERLY BOUNDARY OF THE H[GHLAND PARCEL I: .p CHIEF LODE MINING CLAIM: THE ADRIATIC LODE MINING CLAIM, (U.S. MINERAL SURVEY NO. 4832), LOCATED IN THE FRYING PAN DISrRICT AND EMBRACING PORTIONS OF TOWNSHIP 8 SOUTH, RANGE 84 WEST THENCE SOUTHEASTERLY ALONG 'IHE NORTHEASTERLY BOUNDARY OF THE HIGHLAND CHIEE OF THE 6111 PRINCIPAL MEJUDIAN, AS PATENTED AND DESCRIBED IN UNrfED STATES LODE TO THE SOUTHEAST CORNER. PATENT RECORDED AUGUST 31, 1943 IN BOOK 167 AT PAGE 518 THENCE SOUTHWESTERLY ALONG THE SQILmEASEBLX-EQUMIMBX-QF_II;IE-LIIGHLANn.CUIEE.Ii TO THE. INTERSECI ION WITH THE EAST LINE OF THE WEST 1/2 WEST 1/2 WEST 1/2 SOUTHWEST 1/4 OF SAID SECTION_12;_ THENCE SOUTHERLY ALONG THE EAST LINE OF THE WEST 1/2 WEST 1/2 WEST 1/2 SOUTHWEST 1/4 OF SAID SECTION 19 TO A POINT ValICH BEARS SOUTH 88 DEGREES 52' EAST FROM THE POINT OF BEGINNING. COUNTY OF PrrKIN, STATE OF COLORADO. - 458787 Page: 8 of 11 1111111111'i 111111 11111111111111 +11111111111 Iln 1111 09/19/2001 12:18P PAGE TWO OF TWO SILVIA DAVIS PITKIN COUNTY CO R 55.00 0 0.00 (Lexington) 458787 . Page: 10 of 11 i lum um mi im m Rm mil m miltil â€¢ 09/19/2001 12:18P SILVIA DAVIS PITKIN COUNTY CO R 55.00 D 0.00 EXHIBIT "D" LEXINGTON INVESTMENT CORPORATION EXHIBIT "E" LEGAL DESCRIPTION OF PROPERTY GRAND HAVEN INVESTMENT CORPORATION LEGAL DESCRIPTION OF PROPERTY PARCELD; PARCEL Hz THE IRON KING I ODE, USMS NCI. 4832; THE POLARSTARLODE, USMS NO. 4832, THE A PARCEL OF LAND KNOWN AS TRACI' 7, BEING MORE FULLY DESCRIBED AS FOLLOWS; ANIELOPE LODE USMS NO. 4832; THE WILSON & STIMSON LODE, USMS NO. 4832; THE NORT[IERLY 1/2 OF THE GOOD HOPE LODE (DIVIDED mUALLY IN 10 TWO TRACS APPROX. A PARCEL OF LAND BEING A PORTION OF THE PATENTED PLACER CLAIMS CYCLONE NO. 1, 2, 300' X 750' EACH), USMS NO. 4832; AND 3 OF THEFRYINGPAN MINING DISTRIer, PrrKIN COUNTY, COLORADO, SrrUATED IN THE El/2 El/1 El/2 SWL/4; Wl/2W1/2 Wl/2 SE114; El/2 Wl/2 Wl/2 981/4; El/2 Wl/2 ALL OF WHICI] SAID MENING CLAIMS ARE LOCATED rN THE FRYING PAN MINING D L51'KICT, SE]/4 OF SECIFION 24, TOWNSHIP 8 SOUTH, RANGE 84 WEST OF THE 6TH F, M. DESCRIBED AS FOLLOWS: IN SECriON 25, TOWNSHIP 8 SOUTH, RANGE 84 WEST OF THE SIXTH PIUNCIPAL MERIDIAN. COUNTY OF Frl'KIN. STATE OF (COLORADO. BEGINNING ATA POINT WHENCE THE EAST QUARTER CORNER OF SAID SEC11014 24 BEARS N 458787 45 DEGREES 13'E 1,892.6 FEEr; Page: 11 of 11 THENCE S 88 DEGREES 52'E 129.60 FEEr; ' .wii JII iiiii niII 11 jiiij m IiijiI iii ;Ii; 0919/2001 12:laP THEN(IE SOO DEGREES 35'W 913.78 FEET; SILVIA DAVIS PITKIN COUNTY CO R 55.00 D 0.00 THENCES 74 DEGREES 15'W312.34 FEET; Published in The Aspen Times on October 19, 26, November 2, 9, 16, 2002. (951(), 9518) PUBLIC NOTICE PUBLIC NOTICE therine L. Miller at 2:01) o'clock PM. on the 17th GEORGE McCULLOUGH, PUBLIC NOTICE day of January, A.D. 2003, unless the same has M.S. McCULLOUGH, RE: 234 W HOPKINS/116 S. 2nd STREET SPECIAL DISTRICT COURT, Pm<IN COUNTY, COLORADO FOR ISSUANCE OF TREASURER'S DEED been redeemed. Said property may be redeemed UNITED STATES OF AMERICA, SECRETARY OF REVIEW TO VARY ADU DESIGN STANDARDS Â· Court address: 506 East Main Street, Suite 300 NOTICE OF PURCHASE OF REAL ESTATE AT TAX from said sale at any time prior to the actual exe- AGRICULTURE, UNITED STATES FOREST SERV- NOTICE IS HEREBY GIVEN that a public Aspen, Colorado 81611 SALE AND OF APPLICATION cution of said Treasure]Â·'s Deed. ICE, and hearing will be held on Tuesday, November 5, Case No. 02 JA 4 TD 97-1999 Witness my hand this 3rd day of October, ANY AND ALL UNKNOWN PERSONS who claim 2002 at a meeting to begin at 4:30 p.m. before the In re the Matter of the Petition of: To Every Person in Actual Possession or A.D. 2002. any interest in the subject matter of this action, Aspen Planning and Zoning Commission, Sister MARK R. HUDGENS, Occupancy of the hereinafter Described Land, s/Carol L. Foote Defendants. Cities Room, City Hall, 130 S. Gatena St., Aspen, to FOR THE ADOPTION OF A CHILD: GRAYSON Lot or Premises, and to the Person in Whose Deputy County Treasurer of Pitkin County UNITED STATES OF AMERICA, Name the some was Taxed or Specially Assessed, Published in The Aspen Times Weekly on Octo- Cross-claimant, consider an application submitted by Diana Beut- RHYS JONES. and to all Persons having an Interest or Title of ber 5,012.-111-2Â£M12-+ga/*_._._ \ v. tas, Deborah Hatch, and Christopher Smith re- Attorney for Petitioner Record in or to the said Premises and To Whom - ~~~~~~~~--kASHEL A. DENMAN. questing special review approval to vary the ADU Bonnie M. J. Schriner, Reg. No. 1049 It May Concern, and more especially to Â¥ORGE MICULLOUGH, 1-- design standards. The subject property in locat- 2635 Seventeenth Street Castle Creek Investors Inc., John W Miller, C *. McCULLOUGH, PUBLIC: NOTICE ed at 234 W Hopkins/116 S. 2nd Street and is de- Katherine L Miller, James A. Wingers / RE: 922 W. HALLAM SPECIAL REVIEW TO VARY Clbss-claim Defendants. Denver, Colorado 80211 - 3905 scribed as Unit 1, of the West Side Condomini- You and each of you are hereby nc~fied ADU DESIGN STANDAR[,S UllITED STATES OF AMERICA, Phone Number: 303.458.5100 ums. that on the 4th of November, A.D. 1999, the then NOTICE IS HEREBY Gl\'EN that a public hearing Cdunter-claimant, NOTICE County Treasurer of the County of Pitkin, b the will be held on Tuesday, November 5,2002 at a VI For further information, contact James Lindt at the City of Aspen Community Development De- THE PEOPLE OF THE STATE OF COLORADO: State of Colorado, sold at public tax sale to John meeting to begin at 4:30 p.m. before the Aspen C4LIN CHAPMAN, partment, 130 S. Galena St., Aspen, CO (970) 92()- TO: JOHN STEIN or JOHN DOE, Parent. W. Miller Katherine L. Miller the followirl; de- Planning and Zoing {ZommiSSion, Sister Cities C+unter-claim Defendant. 5095, jamest@ci.aspen.co.us. You are hereby notified that the above- scribed real estate situate in the County of F itkin, Room, City Hall, 13() S. Galena St., Aspen, to con- T* the above named Defendant(s): sider an application submitted by Steve Marcus Y+1 are hereby summoned and required to serve s/Jasmine Tygre, Chair named Petitioner has filed in this Court a verified State of Colorado, to-wit: Mine, USMS: 6987 : and Bob Witek, requesÂ·Â·ing special review appro- u*n Roxane J. Perruso, Assistant United States Aspen Planning and Zoning Commission Petition, seeking to adopt the child named above. Mine Name: James G Blaine val to vary the ADU design standards. The sub- Attorney, Published in The Aspen Times on October 19, The Petition alleges you have abandoned PercentÂ· 666 ~ ject property in located at 922 W. Hallam St, and cr4ss-claimant's attorney, whose address is: 2002.(9523) said child for a period of one year or more, Acres: 1().33 is legally described as J.ot A, Aspen Historic Cot- United States Attorney's Office, Civil Division, tages. City and Townsiti of Aspen. 1215 Seventeenth Street, Suite 700, Denver, CO and/or have failed without cause to provide rea- Desc: All surface and mineral rights sonable support lor said child for one year or Sect, Twn, Rng: 12-11-85 For further information, contact Sarah Oates at 80242 PUBLIC NOTICE Dese: in the Highland Mining [)istrict the City of Aspen Conimunity Development De- AN~F[LE WITH THE CLERK OF THE COURT more. NOTICE OF PROPOSED BUDGET Book 0507 Page 0713 partment, 130 S. Galina St., Aspen, CO (970) 920 an *swer to the cross-claim which is herewith , You are further notified that the said Peti- and said County Treasurer issued a certificaÂ¥ of 5441, saraho@ci.aspen.( o.us. serv~d upon you, within 20 days of service of this ASPEN CONSOLIDATED SANITATION DISTRICT tion is set for hearing on December 11. 2002 at purchase therefor to John W. Miller and Kather- s/Jasmine Tygre, Chair sum+ons upon you, exclusive of the day of sen,- Notice is hereby given that the Board of Directors 11:00 a.m., in this Court at 506 E. Main #300, As- ine L. Miller Aspen Planning and Zoning Commission ice. )!f you fail to do so, judgment by default will . of the Aspen Consolidated Sanitation District will pen, Colorado. That said tax sale was made to satisfy the Published in The Aspen Times on October 19, be ~aken against you for the relief demanded in be considering the adoption of the 2003 Budget You are further notified that il you fail to delinquent ad valorem property taxes assessed~2002. (9522) thdeross-claim. at the regular meeting of the Board of Directors .James R. Manspeaker, Clerk appear for said hearing, the Court may terminate against said real estate for the year 1998; , By: s/K. Balogh scheduled to occur at 565 N. Mill Street at 4 PM That said real estate was taxed or specially -/ ..111. 1~U'ILL- Deputy CIerk on Tuesday, the 3rd of December 2002. The meet- your parental rights and grant the adoption as assessed in the name of James A. Wingers for SUMMONS IN A CIVIL ACT]ON (Seal of the Court) ing wil] be open for public comment. Copies of sought by the Petitioner. said year 1998; United States District Court Witness my hand and seal this 19th day of That said John W Miller and Katherine L. for the District of Color,,do Date: 9/27/()2 the budget are available for inspection at the dis- Clerk, U.S. District Court, C-145 U.S. Courthouse, trict office located at 565 N. Mill Street. Any inter- September, 2002. Miller, on the 26th day of September, 2002, the Civil Action Number: 00-MW-2358 (OES) ested elector may inspect the budget and file any /s/Deputy Clerk/Notary Public present holder of said certificate, has made re- SUN[MONS Denver, Colorado 8()294-3589 NOTE: This summons is issued pursuant to Rule quest upon the Treasurer of said County for a COLIN CHAPMAN, objections to the budget at the district office. 4 of the Federal Rules of Civil Procedure. (certified seal) deed to said real estate; Plaintiff, Published in The Aspen Times on October 12,19, -4- Published in The Aspen Times on October 19, Published in The Aspen Times on October 19, That a Treasurer's Deed will be issued for v. 26, November 2,9,2002. (9478) 2002.(9505) 2002.(9511) said real estate to the said John W Miller and Ka- ASHEL A. DENMAN, , 824 The Aspen Times â€¢ Saturday-Sunday, October 19-20,2002 PUBLIC NonCE PUBLIC NOTICE Counter-claim Defendant. PUBLIC NOTICE day of December, 2002, at 8:15 a.m. in the District DAVID R.C. BROWN, SUMMONS IN A C1V1L ACTION To the above named Defendant(s) NOTICE OF PUBLIC TRUSTEE'S SALE Court Room, Garfield County Courthouse, Glen- L.A.W. BROWN, United States District Court You are hereby summoned and required to serve No. 02-18 Â· wood Springs, Colorado. All persons desiring to THE NEW OPHIR MINING COMPANY, a Colorado for the District of Colorado upon Roxane J. Perruso, Assistant United States To Whom It May Concern: This Notice is given with regard to the following described Deed of attend may do so. Corporation, , Civil Action Number: 00-MW-2394 (OES) Attorney, SUMMONS cross-claimant's attorney, whose address is: Trust: Applications for appointment as Director Cross-â‚¬]alm Defendants. NANCY OLIPHANT, formerly NANCY DEANE, and United States Attorney's Office, Civil Division, Michael B. Hull and Earl I Jones: will be accepted by the District Court until No- UNITED STATES OF AMERICA, WYRICK G. DEANE, 1225 Seventeenth Street, Suite 700, Denver, CO Original Grantor (Borrower) vember 15, 2002. Applications and resumes niust Counter-claimant, Plaintiffs, 80202 Oates, Hughes, Knezevich & Gardenswartz Em- be sent to the District Court of Garfield County, v. v. AND FILE WITH THE CLERK OF THE COURT ployee Profit Sharing Plan: Colorado, at 109 Eighth Street, Suite 31(), Glen- GAARD H. MOSES. , THE FRANCO MINING COMPANY, a Colorado Cor- an answer to the cross-â‚¬iaim which is herewith Original Beneficiary poration, served upon you, within 20 days of service of this Oates, Hughes. Knezevich & Gardenswartz Em- wood Springs, Colorado 81601. with copies sub- Counter-claim Defendant. , PHIL CROSBY a/k/a PHILIP R. CROSBY, summons upon you, exclusive of the day of serv- ployee Profit Sharing Plan: mitted to the Basalt Water Conservancy District ro the above named Defendant(s) â€¢ WILLIAM C. STAPLETON, i ice. If you fail to do so, judgment by default will Current Owner of the Evidence of Debt Secured in care of Balcomb & Green. P.C., Post Office You are hereby summoned and required to serve FRANCIS D. O'NEIL, upon Roxane J. Perruso, Assistant United States ~ UNITED STATES OF AMERICA SECRETARY OF be taken against you for the relief demanded in by the Deed of Trust Drawer 790, Glenwood Springs, Colorado 81602, Attorney, AGRICULTURE, UNITED STATES FOREST SERV- the cross claim ' ~;~~13; 1~; 1~;~: Date of Deed of Trust on or before November 15, 2002. Applicants cross-claimant's attorney, whose address is: James R. Manspeaker. Clerk must have resided within the District for a period United States Attorney's Office, Civil Division, ICE, and By: s/K. Balogh Recording Date of Deed of Trust ANY AND ALL UNKNOWN PERSONS who claim Pitkin: County of Recording of one (1) year, and be the owner of real property 1225 Seventeenth Street, Suite 700, Denver, CO any interest In the subject matter of this action, Deputy Clerk 410658: Reception No. and/or Film No. of Record- within the Division of the District for which ap- 80202 (Seal of the Court) ed Deed of Trust Defendants. pointment is sought. Further information may be AND FILE WITH THE CLERK OF THE COURT UNITED STATES OF AMERICA, Date: 9/27/02 , YOU ARE HEREBY NOTIFIED that the own- obtained from the District's counsel, Lori Satter- an answer to the cross-claim which is herewith Cross-claimant. Clerk, U.S. District Court. C-145 U.S. Courthouse, er of the evidence of debt, the original principal field at 970-945-6546. served upon you, within 20 days of service of this v. Denver, Colorado 80294-3589 amount of which was one hundred fifty thousand .. THE FRANCO MINING COMPANY, a Colorado Cor- NOTE: This simmons is issued pursuant to Rule dollars, and which is secured by the Deed of Basalt Water Conservancy District summons upon you, exclusive of the day of serv- poration, 4 of the Federal Rules of Civil Procedure. /s/ Barbara Mick ice. If you (ail to do so, judgment by default will Trust described above, has filed written election PHIL CROSBY a/Ida PHILIP R. CROSBY, Published in The Aspen Times on October 12,19, and demand for sale as provided in said Deecl of Barbara Mick, Secretary be taken against you for the relief demanded in WILLIAM C. STAPLETON, 26, November 2,9, 2()()2. (9481) Â· Trust. The outstanding principal balance due and Published in The Aspen Times on October 19, the cross-claim. FRANCIS D. O'NEIL, owing upon the evidence of debt secured by the 2002.(9519) James R. Manspeaker, Clerk Cross-claim Defendants. PUBLIC NOTICE above-described Deed of Trust being foreclosed UNITED STATES OF AMERICA, By: s/K. Balogh SUMMONS 1N A CIVIL ACTION is $ 150,000.00 as of October 11, 2002. Counter-claimant, PUBLIC NOTICE United States District Court The real property being foreclosed is all of Deputy Clerk v. Â· (Seal of the Court) for the District of Colorado the property encumbered by said Deed of Trust, NOTICE OF PUBLIC HEARING NANCY OUPHANT, formerly NANCY DEANE, and WYRICK G. DEANE, Civil Action Number: 00-MW-2360 (OES) 'and is described as follows: PLEASE TAKE NOTICE: That the Board of Coun- Date: 9/27/02 SUMMONS Lots K & L, Block 10, City and Townsite of Aspen, ty Commissioners of Pitkin County. Colorado. will Clerk, U.S. District Court, C-145 U.S. Courthouse, Counter-claim Defendant. DAVID H. CLANCY, and County of Pitkin, State of Colorado : To the above named Defendant(s): You are hereby summoned and required to serve DARBY H. CLANCY, also known by street and number as: 834 West consider the following Resolution at the Board's Denver, Colorado 80294-3589 upon Roxane J. Perruso, Assistant United States Plaintiffs, Hallam, Aspen, Colorado 81611; assessor's sched regular meeting on Wednesday, November 6, NOTE: This simmons is issued pursuant to Rule v. ule or parcel number: 273512304002 2002 at 2:00 pm, or as soon thereafter as the con- 4 of the Federal Rules of Civil Procedure. Attorney, cross-claimant's attorney, whose address is: CHARLES A. MILLER, THE LIEN OF THE DEED OF TRUST BEING duct of business allows, in the Plaza 1 Meeting Published in The Aspen Times on October 12, 19, United States Attorney's Office, Civil Division, J.H. WATERS, FORECLOSED MAY NOT BE A ARST LIEN. Room. 530 East Main Street, Aspen, Colorado, at 26, November 2,9,2002. (9482) 1225 Seventeenth Street, Suite 700, Denver, CO DAVID R.C. BROWN, THEREFORE, NOTICE IS GIVEN that I will, which time and place all members of the public 80202 EDWARD CAMERON FLYNN, at ten o'clock a. m., on the date of December 4, AND FILE WITH THE CLERK OF THE COURT UNITED STATES OF AMERICA, SECRETARY OF 2002, at the South front door of the Pitkin Coun may appear and be heard: PUBLIC NOTICE A resolution of the Board of County Com- FOR ISSUANCE OF TREASURERS DEED ' this summons upon you, exclusive of the day of ANY AND ALL UNKNOWN PERSONS who claim and best bidder for cash, the real property de- dering and approving an Intergovernmental SALE AND OF APPLICATION an answer to the cross-claim which is herewith AGRICULTURE, UNITED STATES FOREST SERV- ty Court House, 506 E. Main Street in Aspen, served upon you, within 20 days of service of ICE, and Colorado. sell at public auction to the highest missioners of Pitkin County, Colorado, reconsi- NOTICE OF PURCHASE OF REAL ESTATE AT TAX TD 97-1998 service. If you fail to do so, judgment by default any interest in the subject matter of this action, scribed above, and all interest of the Grantor, the Agreement between The City Of Aspen and Pitkin heirs, successors and assigns of said Grantor, for County. To Every Person in Actual Possession or will be taken against you for the relief demanded Defendants. Occupancy of the hereinafter Described Land, i in the cross-claim. UNITED STATES OF AMERICA, the purpose of paying the indebtedness provided Copies of the proposed Resolution are Lot or Premises, and to the Person in Whose in the evidence of debt and Deed of Trust, attor- James R. Manspeaker, Clerk Cross-claimant, By: s/K. Balogh v. neys fees, and the expenses of sale, and will deliv- available for public inspection during regular Name the same was Taxed or Specially Assessed, Deputy Clerk CHARLES A. MILLER, er to the purchaser a certificate of purchase, all business hours in the Office of the Clerk and Re- and to all Persons having an Interest or Title of (Seal of the Court) J.H. WATERS, 1 as provided by law. corder, 53() East Main Street, Aspen, Colorado Record in or to the mad Premises and To Whom Date: 9/27/02 DAVID R.C. BROWN. THIS IS AN ATTEMPT TO COUECT A DEBT 81611. Phone (970) 920-5157 or (970) 920-5398 it May Concern, mid more especially to Clerk, U.S. District Court, C-145 U.S. Courthouse, EDWARD CAMERON FLYNN, AND ANY INFORMATION OBTAINED MAY BE Jeanette Jones Alisa M. Smith: formerly known as Alisa M. Denver, Colorado 80294-3589 USED FOR THAT PURPOSE. Cross-claim Defendants. Deputy County Clerk Fitzgerald; also known as Alisa Stewart Smith; Date: October 11. 2002 John H. Smith; - NOTE: This summons is issued pursuant to Rule UNITED STATES OF AMERICA, Published in The Aspen Times, Weekend Edition, 4 of the Federal Rules of Civil Procedure. Counter-claimant, Thomas Carl Oken You and each of you are hereby notified . Published in The Aspen Times on October 12,19, Public Trustee, Pitkin County State of Colorado on October 19, 2002. (9524) that on the 5th clay of November, A.D. 1998, the V. 26, November 2,9,2002. (9485) By: Carol L. Foote then County Treasurer of the County of Pitkin, in DAVID H. CLANCY, : DARBY H. CLANCY, PUBLIC NOTICE Deputy Public Trustee the State of Colorado, sold at public tax sale to First publication date: October 19, 2002 the following described real estate situate in the Counter-claim Defendants. PUBLIC NOTICE Last publication date: November 16, 2002 SUMMONS IN A CIVIL ACTION County of Pitkin, State of Colorado, to-wit: To the above named Defendant(s) FOR ISSUANCE OF TREASURER'S DEED Name of Publication: The Aspen Times United States District Court SUB: ELK MOUNTA]N LOT: 23 PARCEL You are hereby summoned and required to serve John T. Kelly 27292()2()5011 NOTICE OF PURCHASE OF REAL ESTATE AT TAX for the District of Colorado upon Roxane J. Perruso, Assistant United States Oates. Knezevich & Gardenswartz, P.C. Civil Action Number: 00-MW-2375 (OES) and said County Treasurer issued a certificate of SALE AND OF APPUCATION Attorney, 533 E. Hopkins Ave. bility Company TD 91-1996 (Amended) SUMMONS purchase therefore to UEMCO VHI Limited Lia- cross-claimant's attorney, whose address is: Aspen, CO 81611 To Every Person in Actual Possession or , United States Attorney's Office, Civil Division, Published in The Aspen Times on October 19,26, MICHAEL D. DOLAN. Occupancy of the hereinafter Described Land, 1225 Seventeenth Street, Suite 700, Denver CO November 2, 9, 16, 2002. (9520) Plain tiff, delinquent ad valorem taxes assessed against That said tax sale was made to satisfy the Lot or Premises, and to the Person in Whose 80202 v. said real estate for the year 1997; Name the same was Taxed or Specially Assessed, AND FILE WITH THE CLERK OF THE COURT and to all Persons having an Interest or Title of an answer to the cross-claim which is herewith JOHN W. MADISON, That said real estate was taxed or specially Record in or to the said Premises and To Whom PUBLIC NOTICE J.C. BENNETT, assessed in the names of Alisa M. Smith and serv.ed upon you, within 20 days of service of It May Concern, and more especially to Denver this summons upon you, exclusive of the day of That said [JEMCO VI]l Limited Liability SUMMONS IN A ClVIL ACTION JAMES C. BLANN1NG, JR., John H. Smith for sa;d year 1997; and Colorado investment Company; M and L Pol- service. H you fail to do so, judgment by default for the District of Colorado United States District Court ASPEN-WESTERN CORPORATION, a Colorado Com- . lock: Maud L. Pollock: George J. Reese: H. I Tis- will be taken against you for the relief demanded corporation, pany, on the 30th day of April, 2002, UEMCO Vlll singtor: J. B. Wheeler; D. M. Vanhovenberg; J. B. in the cross-â‚¬]aim. UNITED STATES OF AMERICA, SECRETARY OF Limited Liability Company, the present holder of 1 Civil Action Number: 00-MW-2404 (OES) Wheeler & Co.: Aspen Mining and Smelting Com- SUMMONS James R. Manspeaker, Clerk AGRICULTURE, UNITED STATES FOREST SERV- said certificate, has made request upon the pany a corporation existing under the laws of the JAMES A. WINGERS, By: s/K. Balogh State of New York; Hiram A. Wood; Charles E. Plaintiff, ICE, and Treasurer of said County for a deed to said real Deputy Clerk Wood; Thomas E. Wood; Thomas J. Fries; Lavina (Seal of the Court) V ANY AND ALL UNKNOWN PERSONS who claim estateI Fries; Edward Roy Fries: James C. Wood; Matilda That a Treasurer's Deed will be issued for Date: 9/27/02 JENNIE M. SWEET, a/k/a JENNIE B. MULLIKEN, any interest in the subject matter of this action ' said real estate to the UEMCO VII Limited Liabili- Green; interested parties of record and W-MAÂ¥ Clerk, U.S. District Court, C-145 U.S. Courthouse, Defendants. LOU D. SWEET, Mining, LLC, a Colorado limited liability company Denver, Colorado 80294<3589 UNITED STATES OF AMERICA, SECRETARY OF ty Company at 2:00 o'clock PM. on the lith day as grantee of a "wild deed AGRICULTURE, UNITED STATES FOREST SERV- UNITED STATES OF AMERICA, of January, A.D. 2003, unless the same has been NOTE: This summons is issued pursuant to Rule ICE, and Cross-claimant, redeemed. Said property may be redeemed from You and each of you are hereby notified 4 of the Federal Rules of Civil Procedure. that on the 7th day of November, A.D. 1996, the Published in The Aspen Times on October 12,19, ANY AND ALL UNKNOWN PERSONS who claim v. said sale at any time prior to the actual execution then County Treasurer of the County of Pitkin, in any interest in the subject matter of this action, JOHN W MADISON, of said Treasurer's Deed. the State of Colorado, sold at public tax sale to 26, November 2,9,2002. (9479) Defendants. J.C. BENNET'II Witness my hand this 3rd day of October, Frank A. Goldsmith Trust the following descri- UNITED STATES OF AMERICA, A.D. 2002. JAMES C. BLANN1NG, JR., bed real estate situate in the County of Pitkin, PUBLIC NOTICE Cross-claimant, s/Carol L. Foote State of Colorado, to-wit: NOTICE OF PUBLIC TRUSTEE'S SALE v. ASPEN-WESTERN CORPORATION, a Colorado Deputy County Treasurer of Pitkin County Mining Claim No. 02-16 JENNIE M. SWEET, a/k/a JENNIE B. MULLIKEN, corporation, Published in the Aspen Times Weekly October 5, Broker Lode Mining Claim USMS #6147 To Whom It May Concern: This Notice is given LOU D. SWEET, Cross<laim Defendants. 12,19,2002.(9443) Spring Butte Mining District 10.33 Ac with regard to the following described Deed of Cross-claim Defendants. UNITED STATES OF AMERICA, , and said County Treasurer issued a certificate of Trust: UNITED STATES OF AMERICA, Counter-claimant, PUBLIC NOTICE purchase therefor to Frank A. Goldsmith Trust. Stephen 1. Levitus and Perri A. Levitus: Counter-claimant, SUMMONS IN A CIVIL ACTION V , That said tax sale was made to satisfy the Original Grantor (Borrower) V. United States District Court delinquent ad valorem taxes assessed against Bernard W Morton: Original Beneficiary JAMES A. WINGERS, for the District of Colorado MICHAEL D. DOLAN, . said real estate for the year 1995: Bernard W Morton: Counter-claim Defendant. Counter-claim Defendant. SUMMONS That said real estate was taxed or specially Current Owner of Evidence of Debt To the above named Defendant(s): To the above named Defendant(s): Civil Action Number: 00-MW-2364 (OES) Â· assessed in the name of Denver and Colorado In- July 3,2002: Date of Deed of Trust You are hereby summoned and required to serve You are hereby summoned and required to serve WYRICK G. DEANE, vestment Company for said year 1995; July 5,2002: Recording Date of Deed of Trust upon Roxane J. Perruso, Assistant United States upon Roxane J. Perruso, Assistant United States Plaintiff, That said Frank A. Goldsmith Trust, on the Pitkin: County of Recording Attorney, V. Attorney, S.Q. CAREY, 16th day of January, 2002, the present holder of 469538: Reception and/or Film Nos. of Recorded cross-claimant s attorney. whose address is: said certificate, has made request upon the Reception No. Film No. Deed of Trust United States Attorney's Office, Civil Division, cross<laimant's attorney, whose address is: JAMES D. TATE, Treasurer of said County for a deed to said real Book and Page of Deed of Trust 1225 Seventeenth Street, Suite 700, Denver, CO United States Attorney's Office, Civil Division, A.J. PICKERELL, JR., Book No. Page No. 802()2 1225 Seventeenth Street, Suite 700, Denver, CO J.W. DUNN, estate; A.A. BEARD, That a Treasurer's Deed will be issued for YOU ARE NOTIFIED that the owner of the evi- AND F[LE WITH THE CLERK OF THE COURT 80202 KG. BEARD, said real estate to the Frank A. Goldsmith Trust dence of debt, the original principal amount to an answer to the cross-claim which is herewith AND FILE WITH THE CLERK OF THE COURT at 2:00 0'clock PM. on the lith day of January, which was $475,000.00 dollars, and which is se- served upon you, within 20 days of service of this an answer to the cross-claim which is herewith UNiTED STATES OF AMERICA, SECRETARY OF GRACE R REIVER. A.D. 2003, unless the same has been redeemed. cured by the Deed of Trust described above, has summons upon you, exclusive of the day of serv- served upon you, within 20 days of service of this AGRICULTURE, UNITED STATES FOREST SERV- , Said property may be redeemed from said sale at filed written election and demand for sale as pro- ice. If you fail to do so, judgment by default will any time prior to the actual execution of said vided in said Deed of Trust. The outstanding prin- be taken against you for the relief demanded in summons upon you, exclusive of the day of serv ICE, and cipal balance due and owing upon the evidence the cross-claim. ice. If you fail to do so, judgment by default will ANY AND ALL UNKNOWN PERSONS who claim Treasurer's Deed. Witness my hand this 3rd day of October, of debt secured by the above-described Deed of James R. Manspeaker, Clerk be taken against you for the relief demanded in any interest in the subject matter of this action, Trust being foreclosed ts $475,000.00 as of Sep- Defendants. A.D. 2002. By: s/K. Balogh the cross-claim. s/Carol L. Foote tember 5, 2002. The real property being fore- UNITED STATES OF AMERICA, Deputy Clerk closed is all of a portion of the property encurn- (Seal of the Court) By: s/K. Balogh v James R. Manspeaker, Clerk Cross-claimant, Deputy County Treasurer of Pitkin County bered by said Deed of Trust, and is described as Published in The Aspen Times October 5, 12, 19, follows: Date: *27/02 2002.(9442) Deputy Clerk S.Q. CAREY, Clerk, U.S. District Court, C-145 U.S. Courthouse, Unit 12, DOLOMITE VILLAS, as shown on the Con- (Seal of the Court) JAMES D. TATE, dominium Map of Dolomite Villas, Parcel B, Build_ Denver, Colorado 80294-3589 PUBUC NOTICE Date: 9/27/02 A.J. PICKERELL, JR. ing No. 2, recorded in Plat Book 4 at Page 389 and NOTE: This summons is issued pursuant to Rule J.W. DUNN, SUMMONS IN A CIVIL ACTION as defined and described by that Condominium 4 of the Federal Rules of Civil Procedure. Clerk, U.S. District Court, C-145 U.S. Courthouse, a A.A. BEARD, United States District Court Declaration for Dolomite ViIias recorded Decern- Published in The Aspen Times on October 12,19, for the District of Colorado ber 14, 1972 in Book 269 at Page 826 as Reception 26, November 2,9,2002. (9483) Denver, Colorado 80294-3589 F.G. BEARD, GRACE F. REIVER, NOTE: This summons is issued pursuant to Rule , Civil Action Number: 00-MW-2384 (OES) No. 155920 and Amended Declaration of Cove- Cross-claim Defendants. SUMMONS nants recorded August 17, 1973 in Book 279 at PUBLIC NOTICE 4 of the Federal Rules of Civil Procedure. UNITED STATES OF AMERICA, KAREN KUNZE, as the authorized legal represen- Page 23 as Reception No. 161826. DISTRICT COURT, GARFIELD COUNTY, COLORA- Published in The Aspen Times on October 12,19, Counter-claimant, tative of the HEIRS OF THOMAS R QUAYLE, County of Pitkin, State of Colorado DO 26, November 2,9,2002. (9480) V. Plaintiff, THE UEN OF THE DEED OF TRUST BEING WYRICK G. DEANE, Case No. 5593 v FORECLOSED MAY NOT BE A FIRST UEN. Counter-claim Defendant. PETER BUSCH, THEREFORE, NOTICE IS GIVEN that I will, NOTICE PUBLIC NOTICE To the above named Defendant(s): THERESA BUSCH, at 10:00 o'clock a. m., on the date of November IN THE MATER OF THE PETITION FOR THE OR- SUMMONS IN A CIVIL ACTION You are hereby summoned and required to serve ~ JOHN J. WELCH, G, 2002 at the south front door of the Pitkin GANIZATION OF THE BASALT WATER CONSERV- United States District Court upon Roxane J. Perruso, Assistant United States HENRY J. TURLEY, a/k/a H.J. TURLEY, County Courthouse 506 East Main Street, in As- ANCY DISTRICT for the District of Colorado Attorney, H.W. CLARK, pen, Colorado, sell at public auction to the high- TO WHOM ]T MAY CONCERN: Civil Action Number: 0()-MW-:2384 (OES) cross-claimant's attorney, whose address is: UNITED STATES OF AMERICA, SECRETARY OF est and best bidder for cash, the real property United States Attorney's Office, Civil Division, PLEASE TAKE NOTICE that a Motion has SUMMONS AGRICULTURE, UNITED STATES FOREST SERV- described above, and all interest of the Grantor, 1225 Seventeenth Street, Suite 700, Denver, CO ICE. and the heirs, successors and assigns of the Grantor, been filed in the above referenced action request- GAARD H. MOSES 8()202 ANY AND ALL UNKNOWN PERSONS who claim for the purpose of paying the indebtedness pro- itÂ·~g the appointment of Directors of the Basalt Plaintiff, AND FILE WITH THE CLERK OF THE COURT any interest in the subject matter of this action, vided in the evidence of debt and Deed of Trust, Water Conservancy District. Said Motion re- V. an answer to the cross-claim which is herewith attorneys fees and the expenses of sale, and will guests the reappointment of the following named G.A. WELLS, served upon you, within 20 days of service of this Defendants. UNITED STATES OF AMERICA, deliver to the purchaser a certificate of purchase, persons as directors of the divisions indicated DAVID R.C. BROWN, summons upon you. exclusive of the day of serv- all as provided by law. L.A.W. BROWN, ice. if you fail to do so, judgment by default will Cross-claimant, for four (4) year terms continue until December Date: September 16, 2002 THE NEW OPHIR M[NING COMPANY, a Colorado be taken against you for the relief demanded in V. Thomas Carl Oken 15, 2006, to wit: PETER BUSCH, Corporation, the cross-claim. Public Trustee Pitkin County, State of Colorado James Nieslanik Division 1 THERESA BUSCH, UNITED STATES OF AMERICA, SECRETARY OF James R. Manspeaker, Clerk JOHN J. WELCH, By: Carol L. Foote Paul Nieslanik Division 4(b) AGRICULTURE, UNITED STATES FOREST SERV- By: s/K. Balogh Deputy Public Trustee In addition, the Motion requests the ap- ICE, and (Seal of the Court) HENRY J. TURLEY, a/k/a H.J. TURLEY, Deputy Clerk First publication date: September 21,2002 H.W. CLARK, pointment of the following named person to ANY AND ALL UNKNOWN PERSONS who claim Date: 9/27/02 Last publication date: October 19, 2002 Cross-claim Defendants. serve as director for the remainder of the term to any interest in the subject matter of this action, Clerk, U.S. District Court, C-145 U.S. Courthouse, Name of Publication: The Aspen Times UNITED STATES OF AMERICA, expire on December 15, 2002 and for a new four Defendants. Denver, Colorado 80a294-3589 Counter-claimant, Of applicable, name and address of attorney for (4) year term to continue until December 15,2006 UNITED STATES OF AMERICA, NOTE: This summons is issued pursuant to Rule v. owner of evidence of debt.) for the division indicated: Cross-claimant, 4 of the Federal Rules of Civil Procedure. KAREN KLINZE. as the authorized legal represen- Published in The Aspen Times September 21, 28, Max Macdonell Division 2 V Published in The Aspen Times on October 12, 19, tative of the HEIRS OF THOMAS R QUAYLE, October 5,12,19,2002. (9373) 26, November 2,9,2002. (9484) The Court will hear said Motion on the 3rd G.A. WELLS, .' Saturday-Sunday, October 19-20, 2002 â€¢ The Aspen Times 89 THE I-,1Â§TINGS Buddhist Philosophy and Meditation, ongoing public teach- ings with the Ven. Michael Gregory, will meet from 6-8 p.m. ' ' on Tuesdays at the Crystal River Yoga Center. For more \ 4.... information contact Kate Parrot of the Roaring Fork Dhar- ma Community at 618-4628. t. .....-* *....... Â· Â·.. f 1/ Weight Watchers meetings in Glenwood Springs are held at . the Glenwood Springs Community Center. The Tuesday noontime meeting starts with weigh-in at 11:30 a.m. and L... , meeting at 12:15 p.m. The Tuesday evening meeting starts with weigh-in at 6 p.m. and meeting at 6:30 p.m. For more information call Julie at 945-2632, ext. 101. 0...4 - Aspen Writers' Group meets every Tuesday at 7 p.m. at the < 1 1 ' , Red Brick Center for the Arts. Open to the public. Call 925- Â· 3122 formore information. . 6 U- . .. , . ij. 4. $:. 1"*.3.2....... --, -A- / 4, 4 The Aspen Mother Puckers womens hockey ,Â» .46. . . ' ... . ..,3=~ team will hold an open practice on Thurs- Q r -i I - 1. , . . . d " .1 . day, Oct. 24, for all current players and people interested in participating this sea- h 4- 4Â·9 4Â·*X i son. Call Margo Cuttita at 927-1273 for .. - u ./ Â·-*Â·Â·: 2 '' Â·, .1- Â·Â·Â· . more information. S //t&: . -Â· ..2. .. . - . *7- -I.#'.3 ' ~~ Learn to Skate sessions will be held at the Aspen Ice . i ':t 6,Â·'Â· " Â·Â· .- " T i .29 ....... - Garden through Nov. 16. Classes available for kids and - adults, hockey-stylâ‚¬ and figure skating. Classes are 'V- f Â·Â· .. . 1 -. toddler drop-in play group classes are also held on . P 2*- . . ..4 A held between 4 and 5 p.m. on Wednesdays. Adult and Â· Mondays, from 10:45 to 11:45 a.m. Call 920-5142 for ~ â€¢ ' I ~-Â« information. - The Alpine Fall Classic golf tournament, a benefit for the Snowmass Communily Outreach Fund, will be held Friday, 4.KARN:40' HOW .rb FSEE.HIVE ? ('1'916â‚¬ 00 .. .. ' i L. : 3.0 ; 1 -,:U Oct. 18, at the Roaring Fork Club in Basalt. Registration - SL,AL SHARittG 1142: SHARING, TowER SHARING, costs $360 per team, and the burt-~ey is a scramble limit- : 61.owar SAA*ING, 4 304 CAH 34%T 319*GiNE.â€ž . ed to 32 total teams. Call Leslie Boyer at 429-2177 for 111Â£ REST- s. Hor'Ef !9 .1 - , information. "Learning to Bee Hive," a 1998 color lithograph by William T. Wiley, is part of the Aspen Art Museum show In Edition: Prints from the Anderson Ranch Arts Center and O'Brien Graphics. 0 < 4~ Jillian Roberts is offering new gentle-restora- tive yoga for ages 50-plus, and injury rehabilitation. Call for semi-private regis- tration. Ongoing yoga classes meet on meets Wednesdays and Thursdays from 6:30-9 p.m. The Monday at 5:30 p.m. and Wednesday at Center has drop-in periods on Thursdays from 10:30 a.m. 9 a.rn. and 5:30 p.m. at the Aspen Corn- Aspen Dance Connection presents LeGEN- to 12:30 p.m. and from 4-6 p.m. For more information call LL l- munity Church. Call Jillian at 309-2890. 1 DRE: PERFORMANCE, created by artis- 963-2529. Located at 135 Main St. in Carbondale. Bl (71 tic director Amii LeGendre, featuring Alia The Pi tkin County Senior Center invites : a El (,1 Swersky. At the Wheeler Opera House at seniors and their frier ds to a physical conditioning/stretch The Aspen Art Museum is now taking registration for autumn workshops. Adult workshops include Understanding 20th 7 p.m. on Friday and Saturday, Oct. 18 class with Cathi Crurr on Wednesdays and Fridays from 8- =<f 51 & 19. Reserved seating. Tickets $20 at Century Art; Painting with Acrylics and Oils; Pastels: 9 a.m. The Center al so offers yoga for ages 49 and over the Wheeler. from 8-9 a.m. on Tuesdays and Thursdays. The Senior Indoors and Out; and Mosaic Mania. Family workshops are Halloween Tales and Spooky Masks, and Holiday Crafts. Center is located at 0275 Castle Creek Rd., next to the Learn the Salsa, Merengue, and Cumbia, with Juan and Tah- Workshops for kids include Printmaking and Collage, Victo- nee meets on Thursdays at Gracy's at 7:30 p.m. $10 per Man Holiday Crafts, Functional Clay, and Stained Glass hospital. 920-5432. class or $15 for both. For more information call Juan at Ornaments. The museum's education office has moved to The Aspen Recreation Department has aerobics classes 618-9774 or e-mail salsarias@hotmail.com. the Red Brick Arts Center, Room 123. The Education Hot- Monday through Friday at noon at the Red Brick Arts and Milonga/Argentine tango practice takes place at the Aspen line is 920-2623; fax 920-2124. For details, visit Recreation Center. Cost is $6 per session. Youth Center on Saturdays from 8:30-10:30 p.m. Call Jeff www.aspenartmuseum.org. at 925-8430, Nina at 920-2627, or Frank at 920-3216. Introduction to Kriya Meditation classes are held at 6:30 Salsa & Swing classes with Linda Kessel meet at the Aspen p.m. Tuesday evenings at the Carbondale Community Youth Center - Club Salsa meets on Mondays, with School. Free and open to the public. 963-1914. Aspen Community Church will host a Cen- : tering Prayer Group on Monday, Oct. 21, beginning level at 6:30 p.m. and intermediate at 7:30 p.m. Kahhak Fine Arts & School is offering adult classes on 1 i.9/lin at 7 p.m. Life Coach Karen Andrews and : Swing/Jitterbug/Lindy classes meet on Wednesdays, Wednesdays from 6:30-10 p.m. and children's classes Associate Minister, Reverend Leah beginners at 6:30 p.m. and intermediate at 7:30 p.m. (ages 5-12) on Wednesdays from 2-4 p.m. Emphasis is on Advanced classes and private lessons available. Call Linda personal creativity. 411 Main St., Carbondale. 704Â·0622. at 9256673. McCullough will serve as facilitators. There will be silence, meditation and con- Digital Arts Aspen offers Photoshop classes to the commun- templation. Argentine tango class and guided practice with Heather ity on a monthly basis. For more information call 920- Aspen Chapel, 0077 Meadowood Drive, : Morrow and Jimmy Yeager meets on Wednesdays from 7- 1810. - 925Â·7184. Nondenominational Sunday 9:30 p.m. at Club Chelsea. 925-1154 or www.aspentan- go.com. The Glenwood Springs Center for the Arts offers many class service at 9:30 a.m. es and workshops for kids, teens and adults. Classes Aspen Christian World Outreach, 455 Rio Grande (upper Latin Dance Party is every Saturday at Jimmy's Restaurant include pottery, watercolor painting, drawing, stone sculpt- level), 920-7711. Nondenominational Spirit-filled Sunday ~ beginning at 10:30 p.m. Argentine tango, salsa, cumbia, ing, silversmithing, copywriting for broadcasters, a variety service at 10 a.m. merengue and samba. Lessons avilable; call Heather Mor- of dance styles, and more. Workshops include fountain- row at 925-1154. making, silversmith forging, and basic and intermediate sil- Aspen Community United Methodist Church, 200 E. Bleek- Dance Progressions offers classes in jazz technique, tap, versmithing. For more information call 945-2414. er, 925-1571. Sunday services at 8:30 a.m. and 10 a.m. musical theater, turns & leaps, MTV video, and hip-hop. Christ Episcopal Church, 536 W. North St., 925-3278. Sun- Call Heather at 922-9771. day services at 8 a.m. and 10 a.m. Crystal River Ballet School offers ballet and creative move- Christian Science Society of Aspen/Snowmass, 734 W. ment classes for ages 3 to adult. Call 704-0114. "Adventures in Borneo," a talk and slide Main St., 925-7315. Sunday service at 9 a.m. Reading presentation will be given by Jerry D. Room hours noon to :2:30 p.m. Monday, Wednesday, and Mohrlang at 7 p.m. on Wednesday, Oct. Friday. 23, at the Glenwood Springs Branch Color & Line, painting and drawing classes 5958. Creek Rd., 925-7330. Library. For more information, call 945- Church of Jesus Christ of Latter-Day Saints, 0500 Maroon Fâ€¢1 â€¢ ~ I with Jennifer Thomson, will be held on ~ ~ ~ ~ day, Oct. 22, at 6:30 p.m. Drawing (light Oct. 22 and Oct. 24 at the Waldorf First Baptist Church, 726 W. Francis, 925-7828. Sunday School on the Roaring Fork. Wet on Wet services 8:45 a.m. anj 10:45 a.m. painting (color exercises for adults and Jehovah's Witnesses Aspen Congregation, 0055 Pyramid ~ fourth-, fifth- and sixth-graders) is Tues- Rd., 920-4723. A Course in Miracles study group is starting Messiah Lutheran Chun:h, 1235 Mountain View Drive, 925- and dark exercises for adults and sixth, up in Aspen on Mondays from noon to seventh and eighth graders) is Thursday, 7725. Sunday service at 9:30 a.m. 1:15 p.m. Call 544-0244. Oct. 24, at 6:30 p.m. Call 963-1960. St. Mary's Catholic Church, Main and Hunter streets, 925- 111~'*2~ Buddhist Meditation and Philosophy, taught Creating an A-Plus Relationship, with therapist and colum- 7339. Sunday Mass at 7:30 a.m. and 10 a.m.; Saturday I by Michael Gregory, meets on Wednes- nist Neil Rosenthal, from 10 a.m. to 4:30 p.m. at the ~ - Mass at 5:30 p.m.; Monday, Tuesday, Thursday and Friday p2 days from 11:30 a.m. to 1:30 p.m. at the Hotel Jerome on Saturday, Oct. 26. Cost is $89 in - Mass at 7 a.m. Aspen Community Church. For more infor- advance, $99 at the door. Call 963Â·8776 to register. mation call Maggie McVoy at 618-6354 or ' Snowmass Chapel, 5307 Owl Creek Rd., next to the fire sta- A beginning North African frame drum class taught by Laurie visit www.summitdharmacenter.org. tion in Snowmass Vill.age, 923-6192. Sunday nondenomi- Loeb began Tuesday, Oct. 8, in Carbondale. The class will national Protestant service at 9 a.m.; Sunday Catholic Linx, the midvalley's business networking group, meets from meet from 6-7:30 p.m. for eight weeks. Call 963-2798. Mass at 5 p.m. Sundays through Sept. 1. 7-8:30 a.m. every Tuesday at Roaring Fork Land Company, Carbondale Clay Center has Kids 'N Clay classes for ages 5- 201 Midland Ave., Basalt. For more information call Wendy Alpine Christian Fellowship, 0167 Holland Hills Rd., Basalt, 8 on Monday afternoons. An adult wheelthrowing class Lucas at 927-8080. 927-3574. Sunday service at 10 a.m. A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A SPECIAL REVIEW TO VARY THE ACCESSORY DWELLING UNIT DESIGN STANDARDS TO ALLOW FOR AN ACCESSORY DWELLING UNIT AT 922 W. HALLAM, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-123-18-001 Resolution No. 2-9 (Series of 2002) WHEREAS, the Community Development Department received an application from Steve Marcus and Bob Witek, seeking a special review approval for a variance from Section 26.520.050. Accessory Dwelling Unit Design Standards to allow for an attached, sub-grade Accessory Dwelling Unit and a waiver to the parking requirement for the Accessory Dwelling Unit at 922 W. Hallam and described as Aspen Historic Cottages, Lot A, City and Townsite of Aspen, Colorado; and, WHEREAS, pursuant to Section 26.520.050 of the Aspen Municipal Code, Community Development Department staff reviewed the applicant' s application for compliance with the Accessory Dwelling Unit Design Standards Section of the Aspen Municipal Code and found the submitted development application to be inconsistent with Review Standards pursuant to 26.520.050(3), 26.520.050(4) and 26.520.050(5); and, WIIEREAS, Section 26.410.020(C) of the Aspen Municipal Code provides that if an application is found by Community Development Department staff to be inconsistent with any item of the Accessory Dwelling Unit Design Guidelines, the applicant may either amend the application or appeal staffs findings to the Planning and Zoning Commission pursuant to Chapter 26.520.080, Special Review; and, WIIEREAS, all applications for Special Review for variations from the ADU Design Standards of Section 26.520.050 must meet the following review standards in order for the Planning and Zoning Commission to grant a variance from the ADU design standards: a) The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed. and promotes the units general livability; and a) The proposed ADU is designed to be compatible with, and subordinate in character to the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property; and c) The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of off-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. 5 WHEREAS, the Community Development Director, after review of the requested variance, recommended denial of the special review to allow the applicant to vary the ADU design standards; and, WHEREAS, the Aspen/Pitkin County Housing Authority, after review o f the requested variances, recommended approval with conditions of the special review to vary the ADU design standards; and, WHEREAS, during a duly noticed public hearing at a regular meeting on November 5,2002, the Planning and Zoning Commission, approved by a vote of to L_-_) a special review application to vary the ADU design standards for a unit at 920 W. Hallam, City and Townsite of Aspen; and, NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1: That a special review for a variance from the ADU Design Standards for an ADU located at 922 W. Hallam, Aspen Colorado, is approved pursuant to Land Use Code Section 26.430. Special Review with the following conditions: 1. The applicant shall deed restrict the Accessory Dwelling Unit with the Pitkin County/Aspen Housing Authority prior to the issuance of a building permit. 2. The applicant shall seek and receive approval from HPC for any design changes required to accommodate the Accessory Dwelling Unit for the purpose of access and UBC requirements. 3. The sub-grade unit must meet the natural light requirements as stated in the Uniform Building Code. 4. The deed restriction shall be recorded prior to the issuance of a building permit. 5. Upon the completion of the unit, but prior to Certificate of Occupancy, staff will conduct an inspection of the unit for compliance. Section 2: All material representations and commitments made by the applicant pursuant to the special review approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission are hereby incorporated in such approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 6 Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue o f 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 Commission at its regular meeting on November 5,2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre Chair ATTEST: Jackie Lothian. Deputy City Clerk 7 MEMORANDUM TO: Planning & Zoning Commission THRU: Joyce Ohlson, Community Development Deputy Director FROM: Sarah Oates, City Zoning Officer e RE: 922 W. Hallam Special Review to Vary the ADU Design Standards- Public Hearing DATE: November 5.2002 APPLICANT: Steve Marcus and Bob Witek ' ''tE;i F.7.1.4:i. - 0.2;%3-1#ph,3 PARCEL ID: 2735-123-18-001 14 + I 4 . Ft-:1444&< 484,1, Ub' - -Il-- ADDRESS: 922 W. Hallam i <21:); ~:t.-~Â·iffy~Â·ta* EJ:*1/9Ff&~4/ - 6 54.l vâ€ž14% 56504 Â· / 7 ZONING: R-6 (Medium-Density Residential) r"*f .4 6; j .,- - 04294 - -1 <0.-** â€¢4 44,)m Â· Â·F*44.1 " Â· i . CURRENT LAND USE: 3,470 S F lot, -' t.,4.?, ~ 1**7.212 , 9124 4 . ..6 . currently vacant with approvals for a single- Â©61944..: *.<..~,~U ....64.tel. family residence with a earave. Â·i'Â·Â· Â·'Â· -c'&'47Â·.:. .. -' 1,4-.9. .r:4 . I ..1 1 I 14 â€¢7' ~ ~ ~~~**Lf.42,94 PROPOSED LAND USE: The applicant .9 - -* "' 96*iderâ€¢al.:Â·.6:14,0,9 -w proposes to build an Accessory Dwelling Unit beneath the garage. This proposal does - . I not comply with three of the ADU design standards: A) it is not above grade; B) it is not detached from the principal building; and Above: 922 W. Hallam C) a parking space for the ADU is not provided. BACKGROUND: The applicant is seeking special review approval to vary the ADU design standards to for an ADU below the garage. The property is zoned R-6 (Medium-Density Residential) and 922 W. Hallam was approved as part of a Historic Landmark Lot Split as the adjacent residence is a historic landmark. At the time the development was approved at HPC the proposal did not include an ADU. The applicant has applied for a building permit and the cash-in-lieu fee has been calculated at $110,242.44. Land Use Code Section 26.520.080(D) gives the Planning and Zoning Commission authority to approve, approve with conditions, or deny an application for a variance from the ADU design standards through special review if the proposed variations meet the following criteria: 944~ .ted/F 1. The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability; and, 2. The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property; and, 3. The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of on-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. STAFF COMMENTS: Staff feels the proposed design of the ADU at 922 W. Hallam is inconsistent with the purpose and intent of the ADU program. Staff was directed last year to modify the ADU program to eliminate provisions for sub-grade ADUs as well as ADUs that were connected to the main house. Although separating the ADU at 922 W. Hallam would be impossible due to the small size of the lot, the proposed ADU is contrary to the intent of the program, as well as an example of the type of ADU the City does not want to see built based on the design standards. HOUSING AUTHORITY RECOMMENDATION: The Aspen/Pitkin County Housing Authority has reviewed the proposal and recommends that the Planning and Zoning Commission approve with conditions the proposed special review application to vary the ADU design standards. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission deny the special review application to waive the ADU design standards 3,4 and 5 finding that the review standards have not been met. RECOMMENDED MOTION(ALL MOTIONS ARE STATED IN THE POSITIVE): "I move to approve with conditions Resolution No.21 Series of 2002, approving a special review application to waive the ADU design standards 3,4 and 5 to allow for a Accessory Dwelling Unit at 922 W. Hallam finding the review standards have been met." ATTACHMENTS: Exhibit A -- Review Criteria & Staff Findings Exhibit B -- Application & Plans Exhibit C -- Referral Comments 2 EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS Section 26.520.080 Special Review for ADU Design Standards The Planning and Zoning Commission may grant relief from the Accessory Dwelling Unit (ADU) Design Standards at a public hearing if the variance from the design standards is found to be consistent with the following standards: a) The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose ofthe zone district in which it is proposed, and promotes the unit's general livability; and, b) The proposed ADU is designed to be compatible with, and subordinate iii character to. the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance ofthe property; and, c) The proposed ADU is designed iii a manner which is compatible with or enhances the character of the neighborhood considering all dimensions density. designated view planes, operating characteristics, traffic, availability of on-street parking. availability of transit services. and walking proximity to employment and recreational opportunities. Iii response to the review criteria for a variance from the ADU design standards, staff makes the following findings: a) The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability. Staff Finding The proposed ADU does not promote the purpose of the ADU program. Although, due to site constraints, the ADU could not be detached from the primary residence by at least ten (10) feet, the proposed sub-grade ADU does not promote the ADU program or the unit' s general livability. Last December, per the direction of City Council and P&Z, Staff eliminated allowing sub-grade ADU units in order to promote livability. Also. the lack of a parking space further diminishes the unit's livability. b) The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all the dimensions, site configuration, landscaping, privacy, and historical significance of the property. 3 Staff Finding As the ADU is sub-grade it certainly is subordinate to the character of the primary residence. Approvals from the HPC will need to be sought for the modest design changes needed to accommodate the ADU. c) The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of off-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. Staff Finding The ADU is proposed to be located, without a parking space, in a neighborhood which has a multi-family building which does not have sufficient parking. The ADU, although it does not enhance the neighborhood, is located near a bus stop and is generally compatible with the neighborhood other than the lack of an on-site parking space. 4 OCT.28.2002 10:56AM ASPEN HOUSING OFC NO.427 P.1 6< k , bit D MEMORANDUM TO: Sarah Dates, Community Development Department FROM: Cindy Christensens Housing OfIice DATE: October 22,2002 RE: 922 W. HALLAM STREET SPEC[AL REVIEW TO VARY ADU STANDARDS Parcel m No. ISSUE: The applicant is requesting approval to put a sub-grade accessory dwelling unit bclow the garage. To create a separate structure 10 feet Rom the principal residence is not possible due to tho size and confgwration of the lot BACKGROUND: According to OrdinanÂ¢c No. 46.2001, all ADU's must conform to the following design standards unless othen;vise approved pursuant to Section 26.520.080, *ecial Review: 1. An ADU must contain belween 300 and 800 net livable square fcct, 10% of which must be s closet or storage area. 2. An ADU must bc ablc to function as a separate dwelling unit. This includes the following: a. An ADU must be sepcately accessible from the exterior, An interior entrance to the primary residence may be approved, pursuant to Special Review; b. An ADU must have separate aocessible utilities. This does not include 5hared services; c. An ADU shall contain a kitchen containing, at a minimtun, an oven, a stove with two bumers, a sink, and a refrigerator with a minimum of 6 cubic fcÂ¢t of capacity and a freezer; and d, An ADU shall contain a bathroom containing, at a minimum, a sink, a toilet and a shower, 3. One parldng space for the ADU shall be provided on-ite and shall remain available for the benefit ofthe ADU resident. The parking spaco shall not be stacked with a space for the primary residence. 4. The finiahed floor h*ight(s) of the ADU shall be entirely above the natural or finished grade, whiohovor is higher. on all sides of the structure. 5. The ADU shall be detached from the primary residence. An ADU located above a detached garage or storage area shall quality as a detached ADU. No other connections to the primary residence, or portions thereof, shall qualify the ADU as detached. 6. An ADU shall be located within the dimensional requirements of the zone district in which the property is located 7. The roof design shall prevent snow and ice from shedding upon an entrance to an ADU. If the entrance is accessed via stairs, sufficient means of preventing snow and ice ftom accumulating on the stairs shall be provided. 8. ADUs shall be developed in accordancc with the requirements of this title which apply W residential development in general. These include, but are not limited to, the Uniform Building OCT.28.2002 10:56AM ASPEN HOUSING OFC NO.427 P.2 Code requirements related to adequate natural light, ventilation, fire egress, fire suppression, and sound att,nuation between living imits. This standard may not be varied. 9. All ADUs shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26-520-070, Deed Restriction, and Entincement This standard may not be varied. 10. According to Section 26-320-070, DeedRatrictions andE,@reement, ifthe ADUis being used to qualify a property for a Floor Area Exemption, than the unit shall be a "For Sale" affordable housing unit and conveyed to a qualified purchaser, according to the Aspen/Pittdn County Housing Guidelines, and as they are amended from time to time RECOMMENDATION; Although a sub-grade unit is not preferred, due to the size of the lot and the configuration of the lot, Staff would recommend approval as long as Gc following conditions are met: 1. Conditions 1 through 9 stated above are met. 2. The sub-grade unit must meet the natural light requirements as stated in the Uniform Building Codc. 3. The deed restiction shall be recorded prior to illuance of a building permit 4. Upon completion of the unit, but prior to Certificate of Occupancy, staff' will conduct an inspection ofthc unit for compliance. cleh#welâ€¢d\.f=Â·ral\phillicdul200Â£loc 2 . * 3 4 61 -th r ATTACHMENT 2 -LAND USE APPLICATION Name: CAâ‚¬ U e fA a ,Â£.-5 /826 04Â£k Location: 9'.2 LU,4- HEJ{** - Apn W,-st>,-g. C.:;-1(-<:9es Zj A (Indicate street address, lot & block number, legal description 4&ere appropriate) APPLICANT: Name: Sta.r Mc (t â€¢15 .1 L 0* Address: 4%// f. fRÂ«,\~ 9-1-, 6.AAe 2111 , 4#42Â£ n , Cl- 9&160 Phone #: QUO -72/9 REPRESENTATIVE: Name: AJ 63 5,Â·Aders Address: 4// 6. #Lv, St . 5471Â£ ati . jjÂ·sen CL. glut( Phone #: 9.1 D -79 1 9 PROJECT: D Conditional Use D Conceptual PUD ~1 Conceptual Historic Devt. Special Review U Final PUD (& PUD Amendment) ~1 Final Historic Development Design Review Appeal El Conceptual SPA El Minor Historic Devt. GMQS Allotment El Final SPA (& SPA Amendment) El Historic Demolition GMQS Exemption ~ Subdivision U Historic Designwion ESA - 8040 Greenline, Stream ~ Subdivision Exemption (includes U Small Lodge Conversioni Margin. Hallam Lake Bluff', condominiumization) Expansion Mountain View Plane U Lot Split D Temporary Use U Othen U Lot Line Adjustment El Text/Map Amendment TYPE OF APPLICATION: (please check all that apply): EXISTING CONDITIONS: (description ofexisting buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings. uses, modifications, etc.) Aou,-4-,11 ./j ~ Ab u Have you attached the following7 FEES DUE: $ 3 Pre-Application Conference Summary E Attachment #1, Signed Fee Agreement E Response to Attachment #3, Dimensional Requirements Form E Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 83" I 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. m El El El El CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aereement for Pavment of Citv of Aspen Development Application Fees CITY OFASPEN (hereinafter CITY) and _ 27â€¢ut //,Grcad; ~&06 LJ,4 k (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for SA,k.1 .4221Â£ C 4 (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPUCANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount o f $ which is for hours of Community Development staff dme, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of S205.00 per planner hour over the initial deposit Such periodic payments shall be made Within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: ~fkb~ ~-3 Julie Ann Woods Community Development Director Date: 16/10 - 03= Mailing Address: 4,1 E M A, sk 5# 14-C c>1 ~ rh A 69 n , Le Â· 21611 g:\support\forms\agrpayas.doc 1/10/01 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: -/Â¢~g.* 8820/Ta El-Vases - 2-04 0 Applicant: Location: *ul kls f ,16 )/0 - Zone District: Lot Size: 3 6 x j oopt Lot Area: 3.4-70 -st. Vt, ( for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition o f Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number ofresidential units: Existing: Proposed: I Number ofbedrooms: Existing: Proposed: 3 Proposed % of demolition (Historic properties only): 447 DIMENSIONS: Floor Area: Existing: Allowable: 1%53 Proposed: '1801-~ Principal bldg. height: Existing: Allowable: Proposed: AS -I:K Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Eristing: Required: Proposed: 3 % Site coverage: Eristing: Required: Proposed: 3732 % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: 6 0 -*, Rear Setback: Existing: Required: proposed: 1 D -St. Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: S *Â¥. Side Setback: Existing.- Required: Proposed: 5 -91 0 Combined Sides: Exzsting: Required: Proposed: Existing non-conformities or encroachments: Variations requested: ATTACHMENT 4- MATRIX OF LAND USE APPLICATION REQUIREMENTS For application requirements, refer to the numbers in the in second column. These numbers correspond to the key on page 9. For multiple reviews, do not duplicate infonnation. All application materials must be complete and submitted in collated packets. Type of 1tevie,v App. Submission Requireinents Process Type (See Process Number of Required Submittal (See key on page 9.) Description in Att.5) Packets 8040 GREENLINE REVIEW 1-7,8-10,35 P & Z 10 8040 GREENLINE EXEMPTION 1-7,8-10,35 ADMINISTRATIVE REVIEW 2 STREAM MARGIN REVIEW 1-7,8,10,11,12,35 P & Z OR ADMINISTRATIVE (Based 2 for 0 Admin., 10 for P &Z on Location) S'rRICAM MARGIN E.XEM~noN 1 -7,8,10,11,12,35 ADMINISTRATIVE REVIEW 2 IIALLAM LAKE BLUFF REVIEW 1-7,13,14,35 P & Z 10 MOUNTAIN VIEW PLANE 1-7,15,16,35 P & Z 10 9}MorriONAL-USE 1-7,9,17 P & Z to C-- SPECIAL REVIER*-h 1-7, Additional Submission Reg. depend P&Z ULD -----0- -~-0---i.- re*- on nature of the Special Ilevle,v Request, SUBDIVISION 1-7,18,19,20,21,35 P & Z, AND Cli'Y COUNCIL 20 EXEMIN' SUI;DIVISION 1-7,18,19,20,21,35 CITY COUNCIL 10 1,0'1' LINE ADJUSâ„¢ENT 1-7,22 ADMINISTRATIVE REVIEW 2 I.0'1' SPLIT 1-7,22 CITY COUNCIL 10 CODE AMENDMENT 1-4,7,23 P & Z, AND CITY COUNCIL 20 WIRELESS TELECOM. 1-7,16,24,25,26,27,35 ADMIN. OR P&Z 2 for Admin., 10 for P&Z SATEUTE DISH OVER 24" IN 1-7 ADMIN. OR P &Z 2 for Admin., 10 for P&Z DIAMETER RES. DESIGNS'I'ANDARDS 1-7,9,28,29,30 P & Z OR DRAC 10 VARIANCE GAIQS E.XEMirl'ION* 1-7, Additional Submission Iteq. depend ADMIN., OR P & Z, AND/OR CC 2 for Admin,, 10 for P & 7,20 for P on liature of tile Exemption Request. (BASED ON EXEMPTION TYPE) & Zand CC CONDOAIINIUMIZATION 1,31 ADMINISTRATIVE 2 PUD 1-7,32,33,35 CONCEPTUAL - P & 7, AND CC 20 for P&Z and CC (Submit FINAL -P&Z, AND CC Separately for Final PUD Review) LODGE PRESERVATION PUB 1-7,35 P & A AND CC 20 ~ '~ z- SEP. 30.2002 2:13PM ...... IN COUNTY TITLE NO. 3805 ,P. 1 f PITKIN COUNTY TITLE, INC. 1 1 601 E. HOPKINS AVE, 3. ELOOR ASPEN, COLORADO 81611 970-925-1766/925-6527 FAX ~ 877-217-3158 TOLL FREE FAX COVER PAGE DATE: SEPTEMBER 30,2002 TO: STEVE MARCUS ATTN: FROM: VINCE RE: LOT A, ASPEN HISTORIC LOT SPLIT I PAGE 1 OF 4 MESSAGE THIS IS WHAT YOU NEED FOR THE BUILDING DEPT. IMPORTANT: THIS COMMUNICATION IS INTENDED SOLEY FOR THE USE OF THE PERSONS NAMED ABOVE OR 01'HERS AUTHORIZ ED TO RECEIVE IT. THIS COMUUNICATION MAY INCLUDE PRIVILEG~D OR CONFIDENTIAL INFORMATION AND ANY USE, DISSEMINATION OR REPRODUCTION BY~NAUTHORIZED PERSONS IS ABSOLUTELY PROAIBITED, IF YOU HAVE RECEIVED THIS IN ERROR, PLEASE CALL THE SENDER ABOVE AT THE ABOVE NUMBER. SEP. 30.2002 2:13PM ....' IN COUNTY TITLE . NO. 3805 P. 2 CERTIFICATE OF OWNERSHIP Pitkin County Title, InÂ¢., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that ASPEN HISTORIC C*TTAGES, LLC, ANDREW V. HECHT AND LEONE F. GILBER are the owner's in fee simple of the following described property: LOT A, ASPEN HISTORIC COTTAGES, according to the Subdivision Exemption Plat thereof recorded January 27,1999 in Pl#t Book 48 at Page 43. COUNTY OF PITKIN~ STATE OF COLORADO Subject to easements, rights of way and recorded matters. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only PITKIN COUN- - - -2 -- INC. BY: ll#01(k authorized siULri CERTIFIED TO: Au-24st 29,2002 @ 8:00 A.hi. ' ' SEP, 30.2002 2: 14PM --IN COUNTY TITLE ' NO. 3805 P. 3 , 1 RECORD~G REQUESTED BY: WHEN RBOORDED RETURN TO: Andrew V. Hccht, Esq. Garfield & kecht, P.C. 601 East H#man Avenue Aspen, Colorado 81611 SPECIAL WAR~aNIYDEED Aspen Historic Cottages, LLC, a Colorado linutcd liability company, as Grantor, for ten dollarM 0 10.00) and other good and valuable consideration. in hand paid, hereby Bells and conveys to Andrew V. Hecht as Grantee. whose address is 0/0 Garfield & Hecht, P.C., 601 East Hyman Ave., Aspen, Colorado, 81611, the entirety ofhis 33 1/3 undividedinterest the following reaI property in the County of Pitkin, State of Colorado, to wit: i Lot A, Aspen Hi:,toric Conages, according to thÂ© Subdivision Ex-nption Plat thereof. rocorded January 27.1999, in Plat Book 48 at Page 43 ~ vi' with all its a~purtenances and warrants title against all persons clairning under Orantor, SUBJECT ~ TO AND EXCEPTING: Taxes for the year 2001 due and payable in 2002 and all subsequent years not yct due g 5 or payable. 2. Existing building land use. and zoning regulations. A 3. I All matters of record with the Pitkin County Clerk & Recorder. < ASPEN HISTORIC DOTTAGES, LLC Signed this day of November, 2001, 44 By: -P--.i-- 464-A. Hansen. MaisT--- STATE OF COLORADO ) ) ES. COUNTY OF PITKIN ) The fbtegoing Special Warranty Deed was acknowledged before otc this 7-+%lay of November, 2Â®1, by Steven A Hansen, Manager of Aspen Historic Cottages, LLC. WitnÂ®1 my hand and official Beal. My commission expires: My (6#m-on =pâ€¢- /1 /2. 94Â·0~ ~ Â¢ 0/21/2002 Notary Public - CARLA i. 11 1 / PHEEMAN $ # C:Nrfor*,~Manall,WREEMAN\72092-1 Doc ..1.01.11 460806 11/14/*IDS 12:0- 0 0.- , CITY OF ASPEN Â« SEP. 30. 2002 2:14PM .P'.1. IN COUNTY TITLE ' NO. 3805 P. 4 Â» ASPEN , J.Â· ASPEN . TT PAID RETT P.ID a S #1 60 OAJE Fâ‚¬P NO. DATE R. NO, Â¢>l, 1.t Fl(. 01'3993 '-k. 6, Aft o /179 -5 RECORDING kEQUESTED BY: WHEN RECORDED RETURN TO: Andrew V. Hoght, Esq. Garfield & Â¤echt, PC 601 Ead Hyman Avcnue Aspcn, Coldrado 81611 NPECIAL WARRANTY DEED And~ew V. Mecht, as Orantor, for ton dollars ($ 10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to Leone F. Gilbert, J Grantee, whose address is c/o Jody Shows Hecht, P.O. Box 12359. Aspen, Colorado the folioWing Tral property in the County of Pitkin, State of Colorado, to wit: 21 % of L.ot A, Aspen Historic Cottages, according to the su~ivision Exe,mption Plat thereof, recorded January 27, 1999, in Plat Book. 48 at Page 43 with all its appurtenances and warrants title against all persons claiming under Griintor. SUBJECT TO AND EXCEPTNG; 1. i Taxes fortheyear2001 due andpayablein 2002 and all subsequent years not yÂ®t due or payable. 2. Existing building, land use, and zoning regulations. 3. 1 All matters of record with the Pitkin County Clerk & RecoJder. Signed this._~~ay of Dccgmber, 2001. Andr@w V. Hecht STATE OF COLORADO ) ) SE. 1 COUNTY O~ PITKIN ) 1 4'IA The fc#egoing Special Waninty Deed was acknowledged before me this _19- day of Decernber, 200 1, by Andrew V. Hecht Witness my hand and offcial wal. My commission expires: 9-641_ Notary Public ~ 1 1 CAN#40*-#â€¢CFAEEM*(%~100Â£ ~ 1/1IN C-n H 0 17.84 lill..11.111 12/.0-1 n.27' 462058 Pap: 1 Of 1 1 ania-8 DamATION RECEIVED 12/29/2011 Th. tbil , 4 - 31 : -1---\I-*-I- // * ,V# . i + . *.â€ž Vt 9. f. ~ ~, 1 1 4 . t. ./7 1 /4 6.. /PRE.PE 1... 0/' ..7 7 01 4 . SUB4ECT I# -1 tk ,/7 : 1 , 01\ 1. >tr.... . A R*Y di.. *1 . /% 4.:3 1 . 'A y. 4 ' I 3/ . 4 t.. 1 4 ~.tri~.9 w ~-3 â€¢ iffâ€¢ 0 *4 l . . â€¢ A Â· n i.:1... I 4' ..,4.'**,Vt"< * 1 4 **/ 3 1 Â·r & i~ r. . frÂ·-2 0224241~-77Â»*art Â·13:941<4Aspl.nal. I.1'.14"Vt .. P.F. tME"ji .N 7, 111 ltv 3 '144., , ., P '2 lifp-53:...l,/Amil':PLLe.'.1 ... 3. i e DiÂ®1~a 1 /3 0 - IJ .. , *L~ i â€¢.7 1 '1 2,~ L~4' -- ./71- 11 1 1.X-7 -- 4.4 0,4*>. 1 1.it'Â· 1.- 01 s t ; 0 /4 */â€¢ , - 4. 'i.,tw-0 .1 . ./ n. v.â€ž. ./ 1/ I -,4-1741 . 3 f .27 4 4 1-41. - ..\ L -0.. 1 * f ; ..4 % ;liN 1 \ 3>*L- ,<. - .. i -w Â¢ . p â€¢ 4 6--992.. ~~3/ i. -1 ... ~j~. 7,- :,Â·>4-1-?34i:bKI*>4~\ 44~*;4**J:..f '.. 1.t....< ,Â£Â£34/9,3,/2/~MA,6 -4492:7:.9456/84 - ... ....4 . 1 .... 1 J -E.....~....H~H~~COUNTRY ENGINEERING, INC. RJW BUILDERS 1517 BLAKE AVENUE. 14 INVERNESS DRIVE EAST, ASPEN, CO SCALE: 1" = 1000' VICINITY.DWG OLENWOOD SPRNGS. CO 81601 ENOLEWOOD, CO 80112 VICINITY MAP DES. SMD CK: RDN FILE NO. SHEET SUITE D136 920 WEST HAL.LAM - LOT A PH(970) 945-8676 PH(303) 925-0554 FX(970) 945-2555 FX.(303) 925-0547 DR. SM[) DATE: 10/11/02 202 1169.00 Alâ€ž o i 1 i ' A 0, 01 1 1 1 l)<9 1 !\0 /Jit:.1 , | Â£ 11,1 1 11 1 1 .1 4 i . 1 1 11 164; , ~12.12 131 4.|2 4 0 n 40 1 ; 1/ 4 31 N 1 ' / i - 7 1. 0 1 1 1 m n 1 - 't . 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U. p 4 + N 9 2 2 4 /+ >4 Â£ t.,4 /1/1 - 'I RJW Builders, Inc. 411 East Main Street, Suite # 211, Aspen Colorado 81611 Office: 970-920-7919 * Fax: 970-920-7846 Monday, September 30,2002 Historical Preservation Commission Staff Representative - Ms. Sarah Oates RE: Addition of a Below Grade ADU to 922 West Hallam, Aspen Dear Ms. Oates, To assist in the affordable housing situation, we have prepared a drawing for your review, which, we feel, does not impact the property's appearance and allows for us to construct a spacious living quarters within the core of Aspen. This ADU will utilize the existing garage door entrance as its private separate entrance. We will be adding a window well for light and ventilation on the East side of the property. However, there should be only minor impact on the appearance of the home. Respectfully Submitted, Robert J. Witek, RJW Builders 130 S. Galena St. Aspen CO 81611 City of Aspen (970) 920-5090 (970) 920-5439, fax Community ~ Development Department Fax TO: Tom-RJW From: Sarah Oates, City Zoning Officer Fax: 920-4083- -22 9 9 Pages: 10 Phone: Date: October 30,2002 Re: 922 W Hallam Special Review CC: C] Urgent CJ For Review C] Please Comment C] Please Reply C] Please Recycle â€¢ Comments: Tom-following please find the staff memo and housing board recommendation. Planning staff has recommended denial of the application based on the purpose of the ADU program and the housing authority has recommended approval of the application. Your application is also included in the P&Z packet. The meeting is Nov. 5 at 4:30 PM in the Sister Cities Room (basement of City Hall). Please remember you noticing information to the case will not be able to be heard. Thanks. OCT.28.2002 10:56AM ASPEN HOUSING OFC NO.427 P. 1 6< k 1 6-it c. MEMORANDUM TO: Sarah Dates, Community Development Department FROM: Cindy Christensen, Housing OfRce DATE: October 22,2002 RE: 922 W. HALLAM STREET SPECIAL REVIEW TO VARY ADU STANDARDS Parcel D No. ISSUE: The applicant is requesting approval to put a sub-grade accessory dwelling unit below the garage. To create a separate structure 10 feet from the principal residence is not possible due to the size and configuration of the lot PACKGROUNQ: According to Ordinangc No. 46Â·2001, all ADU's must oonform to the following design standards unless othenxige approved pursuant to Section 26.520.080, *ecial Review: 1. An ADU must contain between 300 and 800 net livable square fect, 10% of which must be s closet or storage area 2, An ADU must bc ablc to function as a separate dwelling mit. This includes the following: a. An ADU must be separately acccESible from the exterior, An intaior entrance to the primary residence may be approved, pursuant to Special Review; b. An ADU must have separate accessible utilities. This does not include shared services; c. An ADU shall contain a kitchen containing, at a minimion, an oven, a stove with two bumers, a sink and a refrigerator with a minimum of 6 cubic fcÂ¢t of capacity and a freezen and d, An ADU shall contain a bathroom containing, at a minimum, a sink, a toilet and a shower. 3. One parldng space for the ADU shall be provided on-site and shall remain available for the benefit of the ADU resident. The parling space shall not be stacked with a space for the primary residence. 4. The finished floor heightÂ® of the ADU shall be entirely above the natural or finished grade, whichever is higher, on all sides of the structure. 5. The ADU shall be detached from the primary residence. An ADU located above a detached garage or storage area shall qualify asa detached ADU. No other connections to the primary residence, or portions thereof, shall qualify the ADU as detached. 6. An ADU shall be located within the dimensional requirements of the zone district in which the property is located 7. The roof design ehall prevent snow and ice from shedding upon an entrance to an ADU. If the entrance is accossed via stairs, sufficient means of preventing snow and ice from accumulating on the stairs shall be provided. 8. ADU's shall be developed in accordance with the requirements of this title which apply to residential development in general. These include, but are not limited to, Cle Uniform Building OCT.28.2002 10:56AM ASPEN HOUSING OFC NO.427 P.2 Code requirements related to adequate natural light, ventitations fire egress, fire suppression. and sotmd attÂ©nuation between living units. This standard may not be varied. 9. All ADUs shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26-520-070, Deed Restrictionm and Enfon:ement. This standard may not be varied. 10. Aocording to Section 26-320-070, DeedR#strictions and E,(torcenwnt, if the ADU is being used to qualify a property for a Floor Area Exemption, than the unit shall be a "For Sale" affordable housing unit and conveyed to a qualified purchaser, according to the Aspen/Piddn County Housing Guidelines, and as they are amended from time to time RECOMMENDATION: Although a sub-grade unit is not preferred, due to the si= of the lot and the oodguration ofthe lot, Staff wouldrecommend approval as long as thc following conditions are met; 1. Conditions 1 through 9 stawd above alt met 2. The sub-grade unit must meet the natural light requirements as stated in the Uniform Building Codc. 3. The deed restictionshall be recorded prior to issuance of a building permit 4. Upon completion of the unit, but prior to Certificate of Occupancy, staff will conduct an inspection ofthc unit for compliance. cle:h\-d\raf.,al*hltlicdul200doc 2 ATTACHMENT 2 -LAND USE APPLICATION Name: 6iece -44 r--5 /441 01 t Location: 9Â» UÂ» H.:11Â£.m - A-Â»n U,-st.Â«c. 0,4-oe 5 1 0 4 (Indicate street address, lot & block number, legal description where appropriate) APPLICANT: Name: flice FER .e / 6:6 0,-*41 Address: 40/ t. /}14,4 1:54, , Â«..--40 Coll ~ 4.--;pen \ L> %<11.r(j Phone #: 926 -79/9 REPRESENTATIVE: Name: )85 bO 62: , ~de rs r , Address: 4 U f., )fic.,w, <94. , C.4.-4 Â£ 1.1/ , 4,bpseell , LÂ» 2.\4\ l Phone #: 94 0.-7 9/ 9 PROJECT: Conditional Use U Conceptual PUD U Conceptual Historic Devt. Special Review ~ Final PUD (& PUD Amendment) U Final Historic Development Design Review Appeal El Conceptual SPA U Minor Historic Devt. GMQS Allotment ~ Final SPA (& SPA Amendment) E Historic Demolition GMQS Exemption U Subdivision C] Historic Designation ESA - 8040 Greenline, Stream U Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ~ Lot Split E Temporary Use U Other: U Lot Line Adjustment U Text/Map Amendment TYPE OF APPLICATION: (please check all that apply): EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Rel-);L Â£4 Afl u Have you attached the following? FEES DUE: $ U Pre-Application Conference SummarÂ·y Â® Attachment #1, Signed Fee Agreement 81 Response to Attachment #3, Dimensional Requirements Form Â® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. mummED ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: dj 2-2- UJ . Hc;. \~ ovÂ« , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Il /4/0 -1 ,200- l STATE OF COLORADO ) ) SS. County of Pitkin ) 7 r I, ~ (001 l,1,1-$. <-4 l-1 t.4 (3~7~- (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: .<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 o f suitable, waterproofmaterials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed ofletters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public headng. A photograph of the posted notice (sign) is attached hereto.. Mailing of notice. By the mailing of a notice obtained from the Commu~ty 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 any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses ofproperty owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) 4- A-* Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing ofnames and addresses o f owners of real property in the area o f the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. CAA-OL #274.Â· C~1 ,A Sidnature +L, The foregoine "Affidavit ofNotice" was acknowledged beforgp~~his /8 day of ED of , 200-9 by 33) a__1 ki rÂ«7-7 WITNESS MY HAND AND OFFICIAL SEAL My commissioq expires: l~ A, 3 1 . -* 3 . Â·'.â‚¬L 11.--AJ Notary Public :. o E " Â£2Â· ./ i v : , ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGAD t LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL PUBLIC NOTICE RE: 922 W HALLAM SPECIAL REVIEW TO VARY ADU DESIGN STANDARDS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, November 5, 2002 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to con- sider an application submitted by Steve Marcus and Bob Witek, requesting special review .Ppro- val to vary the ADU design standards. The sub- ject property in located at 922 W Hallam St. and is legally described as Lot A, Aspen Historic Cot- tages, City and Townsite of Aspen. For further information, contact Sarah Oates at the City of Aspen Community Development De- i partment, 130 S. Galena St., Aspen, CO (970) 920- 5441. saraho@ci.aspen.co.us. s/Jasmine Tygre, Chair Aspen Planning and Zoning Commission I Published in The As: .:n Times on October 19, 2002. (9522) 4-9- CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees /0 \ 1/1 k CITY OFASPEN (hereinafter CITY) and 354'vt / / igrc 49 / bob Uu, ' CL'. (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. *PPLICANT has submitted to CITY an application for :*E.4- ?J '*4,7;21.0 (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension o f processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: Julie Ann Woods Community Development Director Date: Mailing Address: 4 _3 'U SM,laer/5 4 /) E. M *,4 fht. 1 5&4-c A 1 ' AÂ«n ,(1. 81611 g:\support\forms\agrpayas.doc 1/10/01 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM r, 1 Project: 6-9 Aa# Tt,Â«lon G to-170Â¢106 - 0 D Applicant: ~ ~t-Lve .*1:; fcâ€ž-5 Location: *Asl Als f /6 //c 44 Zone District: Lot Size: 36 Â¥ I DoPÂ¥ Lot Area: 3,470 -st- 4+' (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition o f Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed: j Number of bedrooms: Existing: Proposed: 8 Proposed % of demolition (Historic properties only): 4.Â·49 DIMENSIONS: Floor Area: Existing.- Allowable: )253% Proposed: )&01.~ Principal bldg. height: Existing: Allowable: Proposed: 225 -4 Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: 3 % Site coverage: Existing: Required: proposed: 7272 % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: 6 0 *r, Rear Setback: Existing.- Required: Proposed: 1 D -910, Combined F/R: Existing: Required: Proposed: Side Setback: Existing. Required: Proposed: 5 41 Side Setback: Existing: Required: Proposed: 5 Vi . Combined Sides: Existing: Required: Proposed: Existing non-conformities or encroachments: Variations requested: ATTACHMENT 4- MATRIX OF LAND USE APPLICATION REQUIREMENTS For application requirements, refer to the numbers in the in second column. These numbers correspond to the key on page 9. For multiple reviews, do not duplicate information. All application materials must be complete and submitted in collated packets. Type of Review App. Submission Requirements Process Type (See Process Number of Required Submittal (See key on page 9.) Description in Att.5) Packets 8040 GREENLINE REVIEW 1-7,8-10,35 P & Z 10 8040 GREENL1NE EXEMPTION 1-7,8-10,35 ADMINISTRATIVE REVIEW 2 STREAM MARGIN REVIEW 1-7,8,10,11,12,35 P & Z OR ADMINISTRATIVE (Based 2 for 0 Admin., 10 for P &Z on Location) STREAM MARGIN EXEMPTION 1-7,8,10,11,12,35 ADMINISTRATIVE REVIEW 2 IIALLAM LAKE BLUFF REVIEW 1-7,13,14,35 P & Z 10 MOUNTAIN VIEW PLANE 1-7,15,16,35 P & Z 10 CONDITIONAL USE 1-7,9,17 P & Z 10 - (7 SPECIAL RE.VIEW*--h 1-7, Additional Submission Reg. depend P&Z Cdt=D - -- on nature ofthe Special Review Request. SUBDIVISION 1-7,18,19,20,21,35 P & Z, AND CITY COUNCIL 20 EXEMPT SUBDIVISION 1-7,18,19,20,21,35 CITY COUNCIL 10 LOT LINE ADJUSâ„¢ENT 1-7,22 ADMINISTRATIVE REVIEW 2 LOT SPLIT 1-7,22 CITY COUNCIL 10 CODE AMENDMENT 1-4, 7, 23 P & Z, AND CITY COUNCIL 20 WIRELESS TELECOM. 1-7,16,24,25,26,27,35 ADMIN. OR P&Z 2 for Admin., 10 for P&Z SATELNE msn OVER 24" IN 1-7 ADMIN. OR P&Z 2 for Admin., 10 for P&Z DIAMETER RES. DESIGN STANDARDS 1-7,9,28,29,30 P & Z oR DRAC 10 VARIANCE GMQS ExEMPTION* 1-7, Additional Submission Reg. depend ADMIN., OR P & 7, AND/OR CC 2 for Adniin., 10 for P & Z, 20 for P on nature of the Exemption Request. (BASED ON EXEMPTION TYPE) & Z and CC CONDOMINIUMIZATION 1,31 ADMINISTRATIVE 2 PUD 1-7,32,33,35 CONCEPTUAL -P&Z, AND CC 20 for P&Z and CC (Submit FINAL -P&Z, AND CC Separately for Final PUD Review) LODGE PRESERVATION PUD 1-7,35 P & Z, AND CC 20 RWBUi|ders, Inc. 411 East Main Street, Suite # 211, Aspen Colorado 81611 Office: 970-920-7919 * Fax: 970-920-7846 Monday, September 30,2002 Historical Preservation Commission Staff Representative - Ms. Sarah Oates RE: Addition of a Below Grade ADU to 922 West Hallam, Aspen Dear Ms. Dates, To assist in the affordable housing situation, we have prepared a drawing for your review, which, we feel, does not impact the property's appearance and allows for us to construct a spacious living quarters within the core of Aspen. This ADU will utilize the existing garage door entrance as its private separate entrance. We will be adding a window well for light and ventilation on the East side of the property. However, there should be only minor impact on the appearance of the home. Respectfully Submitted, Robert J. Witek, RJW Builders -9 7 D 10/01/2002 14:02 3039638936 RC ROBERTSON ARCH :Q PAGE 03 I - - R. O. MODERTION â€¢ ARINMl<M. - *I *IN *TRIEÂ¥, *TUOIC *01 OAMIONDALE, 00. .1.â€ž 00 1/Â· 1- FAX .AJA 10 1 1 - 1 It. . .A k.... . 1,. 1 1 VP . Prj 4/ (2* T 1 - r W 21-1- l../.. 1 . - 1 A. 1 . '1 A. P. U. P 1. A N 6 9 2 1 ' M A LGAM 4./.430# 9 6 10/01/2002 14:02 3039638936 RC ROBERTSON ARCH :Q PAGE 02 R. r,-' 4 1 -w' t 1/2 -k/ "73. i ' M 31-eli M / 3,-eli 1 CONC., 21.eli 2 1-6 11 1 61 M. C. MOIIRTION Â· ARCHITEÂ¢TS ~ DIRI VE $20 MAIN STREET, STUDIO 1201 CAREIONDALE; -- to.- - ZT~23 I .-151 4 970Â·983Â· 0687 070 Â· 903 Â· 8938 FAX (30 ' 1 - ..,141, CO -' A. ' - L -1- -U A 1 -- -1 . "Al - PLAUMÂ¥> 012;ww~- 9 '~â‚¬> - *---+---4 L-/ 1, f/4.u-f'Ov ' 4,1 G.t<74 P 4 6 -l '9813" rA<* 1 FT# 1 -SLOPE- 70,4Â·96' ~ 71. . ~ - 1! TO DRAIN 11! 1-14-61 Â· /n! 0 _ IDOE - A--- 1 .1 LINE 49 ' 1. 4. i I - 1 1 . /94* POR AND NOOP EYEPE: CONA -- -1-_lj 3- STOOPI- . 0/7. \. Â©2 -- , 1 , \ r=-1-- - -1 - - - If - (N . _ . r cO 42....f- 1 1 1 -- . 1 M. ' A 1 11 . t' 11 - 1 . A 4 1 r .2 - - .-rn~ 71--- - -7 (3 1 - - 1 6 ?110 4 1 / 0 )r; ' ~ DINING; ' CkIEN - ' :, t.9 1 2 I196, I /2 0' 3 -2" A 4-/u.- -.----'-''I).-/ - I. 1 1. 1 4 0 , L 1 A J . r : 32 11 2 - 1 Â· .. 4 -5 ) 4 U 7 Â· - ...6 te r. 1 at--0 :-.2 ...0 O r-1~ \ . r 7:41 43,0 1 6 1 <E> ; --/ 1 1 1- ILI 2 -10' 4\ 6 -2" 4, 4.6 11 I I.*. F r+P 'El - , 4 . a -/ C 1- + 01 -4.-- 6\ n u IMPROVEMENT/TOPOGRAPHIC SURVEY FEE SIMPLE INTEREST FOR LOT A, ASPEN HISTORIC COTTAGES, L.L.C. SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO -2 -7809 - -J - ~L F-f7900- MLLEY, *OCK 4. 0. A. T. 1 ~21 -07 VIDE R.O.W.) r C -1 90*. 0, A t-74 [-1 1 0,1Â»:1,// Â¥05 *0#*G.* S 75109'11~ E~ ~ 39.41 It' 1 1 -- <ossÂ» , 1!/ - Râ€¢" .5 .-/ 1/ GRAPHIC SCALE 0 1 91 2 gtft ..6. \4% ... 1 ......... -I. 1 M.~.M<.Ii./-4.I S '206 ~i' N ~ .p.9,0.~.Cao , Â¥ '0â€ž<> 16 C IN FIXT) W: 0,1 %*/69 .C 41 1 4* le \ 1 1/Y+4| 920 WEST HALLAM STREET . â€¢"' r ' - 4-44 3 1 Inch -10 / 00 0 1 di / 1/ 2.Â«-1 CONTOIR I NTERVAL EOUAL ONE FOOT. f E 1 Ir Ir.-It I EKE f & 181. ~ } V/////1 2-12 i.f ~ Z *18 g li f: I 0 2 4 1 1/1 '2 I , 1 1,1 '1 , E z , 51 1;Ed M NE 00-4 - UA V -2-/ 1 L C 2 = 4 S E 11= < 0 - E" 1 PROPFRTY OF 9,N IPT ION p *m LOT A - 1 tu . LI / PARCEL OF LeÂ·Â© BEING A PORTION V PIE SUBDI!SION [XE-liON PLAT hz:=1* 1 FOR ASPEN I N SIOR I C CO-TAGES AS RECORDED 1 N BOCÂ»< 48 Al PAGE 43, QUI I CLAIM DEEDS. RECEPTION NO'S. 414962. 41645: OF THE PITKIN COUNTY CLERK At RECOIWER'S OFFICE. CITY Or ASPEN. COUrTY OF PITKIN. 0 migf 1- -4 14 11 \ 1 / ' ~~ ~ ~ STATE OF COLORo. I &@Ed - 91 - A RIO . ' 0:.A' 809'4 i , 1 =0 i .1 1,1 entaÂ·j_ j ~ Vyl \ f-.701- &-k- FÂ°Â°'510,9596 L /Â« 1 -' 1 ~ 1 N 75'09'11~ W f -1 -2 _ 1 -4- VtÂ»tihi=ZC_f_-_\-- f 1 /7 1 ~1 - ~ .L-M~Â£.mEÂ£I.:IALE-I NOTES. - - L -'i '' =- 1- _.-4.~4 1 HEREBY Sl ATE THAT THIS 1-ROVEMENT S~VEY WAS -EPIRED BY HIGH 1. DATE OF SURVEY IAS OCTOBER 1. 2002 4 ,/ 1 1 j - -fÂ«-1.--1.7Â¢ -\ -8Â£- COLITRY ENGINEER ING. INC. FOR RJI EUI LDERS 8 2 50 5* 2. BASIS Of BEARING FOR THIS SLÂ»tvEr IS A BEARING of S 75 09 11 - E L *,IS. 0..2 . 0 / L *16 1 FURTHER STATE â„¢AT THE I~PROVEWEITS Oâ€¢ T~â‚¬ ABOVE DESCRIBED PARCEL / ON THIS DATE. OCTOBER 1. 2002. EXCEPT UTILITY CO-ECTIONS. ARE ENTIRELY 0 : UJ CD BETICEN THE SOUTIEST CORNER OF LOT A, ASPEN HISTORIC COTTAGES. A - C'...rE .*12 REBAR AND CAP L.S . â€¢10. lit 29 IN PLACE. DO THE SOUTHEAST CORNER WITHIN THE BOUNDARIES OF THE PARCEL. EXCEPT AS SHOIN. THAT THERE OF LOT B OF THE SEDIVISIO EXE-T ION PLAT FOR ASPEN HISTORIC Â£ 2. ARE NO ENCROAC-ENTS VON THE DEMISED PREMISES DY 1-ROVE&â‚¬NTS ON WEE,8 COTTAGES . A REBAR Al CAP L.S. HO. 16129 iN PLACE. ./ WEST HALLAM STREET/HWY 82 ANY ADJOINING PREâ€¢ISES. EXCEPT AS 1%*CATED. APE) IMAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY LASEMENT CROSS-G OR BLÂ»Â¢DENING INY 3. THIS SURVEÂ¥ IS BASED ON TIE RECO~ED PLAT OF THE SUIDIVISION ~ (74 UNDER.O.W.) PART OF SAID PARCEL . EXCEPT AS NOTED ExaPT ION PLAI FOR ASPEN HI STaR I C COTTAGES AS RECORDED IN PITKIN COUNTY CLERK AMD RECORDERS OFFICE AT BOOK 48 PAGE 43. OUIT CLAII DEEDS, RECEPTICh NO'S. 414953. 416453 AND CORNERS 5.2 3 1~ FOUND IN PLACE Â· 0 TH,5 PROPERTY IS SUBJECI TO RESERVAT #0/5, RESTR ICI IONS ~ CNE,IINTS. EASE,ENTS. AC RIGMTS-,0,----r iN PLACE OR OF'RECORD AS SET FORTH IN SECTION 2. SCÂ»EOU-E 8 oF nE CON,TiNT FOR f kÂ»v I â€¢IARRINGTCÂ»â€¢. L.S. HO 19 598 TITLE INSURANCE ISSUED BY P I TK IN COLNTY TITLE. INC . CASE NO PCT18941 LZ. DATED OCTOBER 4. 2002 ALL EASEMENTS Of- RECORD AS VICATED ON SUCH TITLE CEÂ»/ITIENT IRE SHOIN HEREON. 5 TI- REBAR APED CAP LS,18129 Al THE SOCTIOES, Con,ER OF PROPER Tr, ELEVATION EQUALS 7905.21 TOP OF CAP AS SHO" PROJ[Cl NO 2021699.00 316=%8/22mE'am/E.*5 - SHE[7 1 Of- 1 Ae NOSIA]H 31.vo ON ;r,1#08dni .>1 ZO/90/Ot 3170 Va UP 00-6691 Â·319