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Home My WebLink AboutLand Use Case.360 Lake Ave.0063.2016.ASLU0063.2016.ASLU 360 LAKE AVE ADMINISTRATIVE DETERMINATION 273512132001 scav, A-e & 8 Al~ â‚¬4-efed '34 External Media Located Here -_42 . 4% 1 M-007760 f --..........- p RMMI mr Ak,AKA 44*J~tl 0 \44 A k A (19 j Ii!(U,f (6 Ruit v i-Z) b faf u F dviedÂ©tr) 3 41 6,4 67 /7-Â£: G 90 Ov f AC C 0,Â«tO 04Â·u - Aul -Â«11 6 arvix 8 r Â»st l> 16Â£. / LAN,OGIC - /44 ]61 id{6(Â» bo -Chip utaiÂ« 9 b \14 ~KÂ· T l~k po,/Ovt 60,47 Vt> 011*\ 043.206Â·85 Ul THE CrrY oF ASPEN RECEIVr r Land Use Application Determination of Completeness JUN 2 8 2016 4 1., 1 Date: June 27,2016 ...., OF Dear City o f Aspen Land Use Review Applicant, *DEW 7 MEN, We have received your land use application for 306 Lake Ave. - Administrative Determination and have reviewed it for completeness. ~~ Your Land Use Application is complete: / Please submit the following to begin the land use review process. 1) Digital pdf of the entire application. 2) Review deposit of $975.00. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. I!*k You, ruu-9-Unsl,4 - linnifer 00an. Depuiy Pianniny Director City o f Aspen. Community Development Department For Office Use Only Qualifying Applications: Mineral Rights Notice Required New PD Yes- No_)4_ Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No ~)<2 Commercial E.P.F. Lodging J PATH: G/DRIVE / -MASTER FILES/PLANNING/ THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0063.2016.ASLU PARCEL ID NUMBERS 2735 121 32 001 PROJECT ADDRESS 360 LAKE AVE PLANNER BEN ANDERSON CASE DESCRIPTION APPLICATION FOR ADMINISTRATIVE DETERMINATION REPRESENTATIVE STEEV WILSON DATE OF FINAL ACTION 07.18.2016 CLOSED BY KARLA HENRICHON 7.27.16 11(j <D z 739 Ill 3200 j Â©O 66' 20 1 6 .AcaL L.< 0? Permits -EX 1''ll.,1 INfile Edit'~:Record Navigate' FArm Reporis Format Iab Help 1@34><*Â·e-%*~ i#0 3 Â·28Â· lin 1 >Â· .,j m @0&,lump 1 1, 01 016~ r - 0- 3 *Mi. 3 3 [b a ) IiÂ¢ ./ E V *1 .31.13 11 , .[@A] Custom Fields 1 Rotlting Status Fee SummarY I Adions IRouting History : Pertilitype ~slu Aspen Land Use Permit #: 0063 2016.ASLU 1 L ; Address 360 LAKE AVE AMISuite City ASPEN ~ State |CO ~ Zip 81611 4*2 Permit Information Â« Master permit Routing queue aslu 1 5 Applied 06/29/2016 v Project Status pending Approved ~ Description APPLICATION FOR ADMINISTRATIVE DETERMINATION Issued Closed/Final Submitted STEEV WILSON 970 279 4019 Clock *GIL| Days |--* Expires 06./24/2017 : Submitted via Owner Last name BELL 26 LLC First name PO BOX 1860 BENTONVILLE AR 72712 Phone (479) 464-1516 Address Apprcant Â® Owner is applicant? U Contrador is applicant? ~ Last name BELL 26 LLC First name PO BOX 1860 BENTONVILLE AR 72712 . Phone (479k 464-1515 Cust # 30406 Address Email Lender Last name Erst name ~ ~ Phone C ) - Address .*Im 'Displays the permit owner's first name AspenGoldS (ser.er~Ilngelas)~ il of 1 .: EM * '*66 2 Be 2.*-rals ,- 2 .* 4 l / lt, 9 4 919Â· oo - --'.'~Â°-'i~~ seloN >loino~ ~ xoqlooll sdnolo qul| Elf f . 4 ADMINISTRATIVE DETERMINATION CONTINUATION OF VESTED RIGHTS FOR THE INCLUSION OF A DOUBLE BASEMENT ON THE PROPERTY LOCATED AT 360 LAKE AVENUE, LEGALLY DESCRIBED AS LOT 1, ERDMAN LOT SPLIT, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 26, 1990 IN PLAT BOOK 25 AT PAGE 42. Parcel ID No. 273512132001 SUMMARY: This determination addresses if vested rights for a double basement - related to Change Order #1 (submitted March 2, 2016) of Building Permit No. 0065.2014.ARBK (submitted June 5, 2014), remain in effect following various changes to Hallam Lake Bluff reviews and subsequent changes to regulations regarding double basements. BACKGROUND: In 2013, the Planning and Zoning Commission approved Resolution No. 12, Series 2013 granting Hallam Lake BluffReview for the remodeling of a residence at 360 Lake Avenue. The review was primarily involved with substantial work that was to occur in remediating stormwater issues and reestablishment of the top of slope and other stabilization efforts to the Hallam Lake Bluff. As part of this review, the project received site specific approval for the remodeling of the existing residence. Germaine to the request for administrative determination, the original plans submitted for the Hallam Lake Bluff Review proposed an approximately 6 foot high double basement, under the 1St basement level - accessed by a staircase and proposed for mechanical use. At the time of this original approval, the Land Use Code allowed for the double basement proposed by the project. In the time from approval to present, two Land Use Code changes were ratified that relate to this project. First~ Ordinance 31, Series 2014 prohibited double basements. This language is now part of Section 26.575.020[D][8]. This Ordinance took effect November 26, 2014. Second, Ordinance 27, Series 2015 implemented new Land Use Code language for major and minor amendments to approved projects and a determination for the continuation of vested rights in response to these changes. This language is now part of Section 26.304.070. This ordinance took effect November 25,2015. In spring of 2015, the applicant began to reconsider the project due to the architectural and engineering complexity of the approved project. The applicant applied for and received a 1 -year extension of the building permit with work now to commence by June 1,2016. After consultation with city staff, the applicant moved forward with an amendment to the original Hallam Lake Bluff review. In essence, the application proposed demolishing the existing residence and constructing an entirely new residence twenty four (24) feet further away from the Hallam Lake Bluff. The application for the amendment was submitted October 27, 2015. The Planning and Zoning Commission approved this amendment with Resolution 22, Series 2015 on December 15, 2015. The resolution maintains vested rights through the original date of May 22, 2016. It is important to note that during the review by P&Z of this amendment, the only substantial change was the RECEPTION#: 630942, 07/26/2016 at Page 1 of 2 10:09:34 AM, 1 OF 2, R $16.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO footprint ofthe proposed house being moved. No other substantial design changes were proposed or presented to P&Z. The applicant' s time line and narrative for the administrative determination application describes that throughout the amendment process, they understood that the vested rights for the double basement would remain. On March 2, 2016, a change order was submitted to the building permit to reflect the amendment. Other significant changes to the building design were included in this change order - most notably an increase to the dimensions of the double basement. The new design to this spaced raised the height of the second subgrade level to approximately 10 feet and gave access to this level via elevator. The demolition of the existing property began on April 19, 2016. On May 18, 2016, the Stormwater Improvement and Construction Agreement (resulting from the Hallam Bluff improvements from the original approval) between the applicant and the City of Aspen was executed. DETERMINATION: Staff generally agrees with the applicant' s narrative and timeline, and with the principle that vested rights for the site specific approvals granted in the original Hallam Lake Bluff Review continue through this period of pendency. The approvals granted by Planning and Zoning in both the original and amendment resolutions were in response to a site specific design. Staff acknowledges the degree of significance of the modifications proposed in Change Order #1, including the increased dimensions of the 2nd subgrade level, but a finding cannot be made to deny the subgrade space based on the approvals granted during the pendency of the land use and building permit applications. Staff determines that the 2nd level of subgrade space may remain as proposed in Change Order #1. APPEAL OF DECISION: Any person with a right to appeal an adverse decision or determination shall initiate an appeal by filing a notice of appeal on a form prescribed by the Community Development Director. The notice of appeal shall be filed with the Community Development Director and with the City office or department rendering the decision or determination within fourteen (14) days of the date ofthe decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. Appeals of determination are heard by the City' s Hearing Officer. DECISION RENDERED BY: , f OUEU j ( 4.118 ; 20/0 4 \UffA j JU--r --1 90/ v 1 ~ Jessica Garrkw I5ate d.tommunity lb*elopment Director Page 2 of 2 Page 1 of 1 ,311 *80917* %01~14 Print Date: Pitkin C.ount> Transaction #: 80917 Janice K. Vos Caudill 7/26/2016 10:09:39 Receipt #: 201604510 Clerk and Recorder AM Cashier Date: 7/26/2016 10:09:36 AM 530 East Main Street (VVITARI) Aspen, CO 81611 (970) 429-2707 www.PitkinClerk.org (bgonier Inlormation Transaction Information Payment Summary DateReceived: 07/26/2016 Over the Source Code: (ASPCOM) ASPEN CITY OF Counter Over the COMMUNITY DEVELOPMENT Q Code: Counter Total Fees $16.00 130 S GALENA ST ASPEN, CO 81611 Return Code: Over the Total Payments $16.00 Counter Escrow Balance: $920.00 Irans Type: Recording Agent Ref Num: 1 Payments $16.00 EUCHECK 2366 1 Recorded Items ALLI (AI)MINI BIOPG: 0/0 Reception:630942 Date:7/26/2016 10:09:34 AM DECISION) ADMINISTRATIVE From: To: 1)1Â·.CliSION Recording @ $ 11 for 1 pg and $5 for 2 or more 2 $16.00 pgs $1 Surcharge 0 Search Items 0 Miscellaneous Items file:///C:/ProgramÂ°/020Files/RecordingModule/default.htm 7/26/2016 11 El/-tj 360 Lake - Applicant's timeline and perspective on process %11â€ž- 2013 March 2nd - ASLU - ES - 0021.2013 - Hallam Lake Bluff Review include requirements for extensive stormeater/slopework - Drawings included in this submission show double basement May - Approval from P&Z - Resolution 12, Series 2013 2014 June 5th - Building permit submitted - with double basement November 7th - Zoning approval o f bldg. permit November 26th _ Prohibition of Double Basements - Ordinance 31, Series 2014 December - Permit Ready 2015 Spring - Reconsideration of design due to architectural and engineering complexity - considering moving building 24ft. further away from original footprint. March 19th - meeting with Justin B. - Justin conveyed that an amendment to Resolution 12, 2013 would be needed - but vested rights would continue - at his meeting applicant emphasized concern with losing vested rights for double basement - applicant left the meeting with the understanding that this amendment would not impact double basement rights June 9th - Engineering confirms need for a land use amendment and change order to bldg. pemit June 23rd - apply for extension to bldg. permit while change order is being considered June 29th - Met with Justin B. again - to discuss amendment details to Resolution 12, Series 2013 July 9th _ granted 1-year extension of bldg. permit - work to commence by June 1, 2016 October 26th _ Ordinance 27, Series 2015 - new codes for changes to approved projects - major/minor amendments, etc. - effective November 25th - Until November 25% there is no connection between amendments and vested rights (??) October 27th - submitted application to amend land use approval (Resolution 12,2013 - HLB) Nov. 16th _ picked up bldg. permit December 15th - Approval from P&Z for amendment - Resolution 22, Series 2015 - "all other sections of the original approval remain in effect" - establishes vesting period until May 22, 2016 - received an amended development order citing original approval, the amendment and restating the original period of vested rights. 2016 March 2nd - submission of change order to bldg. permit to reflect amendment April 19th - demolition of existing property begins May 18th - Stormwater Improvement and Construction Agreement was executed May 198 - received Jim' s comments about the double basement and subgrade space FORUM PHI ARCHITECTURE 1 INTERIORS I PLANNING June 14, 2016 Jessica Garrow, AICP Community Development Director City of Aspen Aspen, CO 81611 RE: 360 Lake Ave Change Order #1 to Building Permit 0065.2014.ARBK Dear Jessica: We are seeking an Administrative Determination regarding Change Order # 1 of Building Permit No. 0065.2014.ARBK, submitted June 5, 2014. Last month, we received zoning review comments from Jim Pomeroy in which he asks us to comply with the current land use code regarding subgrade areas ("double basements"). See Exhibit 1. We have had a chance to review our project timeline, land use approvals, and these comments with the owner's legal counsel. We believe that the Development Order issued for the 360 Lake Avenue project, approved via Planning and Zoning Commission Resolution No. 12, Series 2013, as amended via P&Z Resolution No. 22, Series 2015, constitutes a site-specific development plan with a vested development right. We have substantially relied on the approval and believe the limitations of Ordinance 31, 2014 (the "double basement limitation") or any other provision of the City's Land Use Code adopted subsequent to our original application cannot apply during the period of statutory vesting. Proiect Background & Timeline: 360 Lake Ave started as a renovation of the existing structure. The original home was built prior to the Hallam Lake Bluff ESA standards, substantially within today's no-build zone, and removed a portion of the bluff to create a walkout basement. The development of this original home was the impetus behind today's Hallam Lake Bluff ESA. Our proposed renovation included bringing the bluff back up to historic grade, requiring extensive engineering and specific construction techniques to preserve and restore the bluff. Our proposal also included significant public infrastructure to facilitate storm water collection and conveyance through the 360 Lake property for a 40-acre drainage basin (the West End basin). The land use application submitted on March 12, 2013 depicted house plans with a "double basement" composed of mechanical areas and storage. See Exhibit 2. It is important to stress here the significant technical engineering work and expense necessary to accomplish the storm water work. Forty acres of the West End drain into Hallam Lake through the 360 Lake property. The property has historically suffered from extreme drainage issues. Our client worked with Roaring Fork Engineering and the City of Aspen Engineering Department to design and install municipal infrastructure through the 360 Lake property. The owner agreed to install a 2-foot wide pipe and an extensive spillway structure on the 360 Lake property to resolve significant storm water challenges that affect the entire community, not just the 360 Lake property. The owner also agreed to build the spillway by hand using a highly specialized consultant in naturalistic work. This extremely unique and specialized engineering and installation translates to significant additional costs to the project. The owner agreed to this arrangement after fully understanding the City's drainage dilemma and deciding to help solve the issue in connection with its development plan. Based on calculations completed by the City's Storm Water Manager, April Long, if the owner did not agree to undertake and pay for this work, the cost would greatly exceed the City of Aspen's reasonable capacity to pay for and complete the job. The Planning and Zoning Commission granted 360 Lake's land use approval on May 21, 2013 (Reso 12- 2013). See Exhibit 3. We prepared the required architectural and engineering documents and submitted for a building permit on June 5, 2014 (Permit No. 0065.2014.ARBK). The permit included a double basement for primary use as mechanical space, but with additional height to allow for additional storage below the ductwork. See Exhibit 4. After a series of comments/clarifications from the City, the owner received zoning approval November 7, 2014. The City initiated discussion regarding "double basements" in the Summer and Fall of 2014. The discussion resulted in a prohibition of double basements through the adoption of Ordinance 31, 2014, which did not become effective until November 26, 2014. The permit was ready to be picked up on December 17, 2014. In the spring of 2015, the owner started reconsidering development options for the property that included ways to minimize the architectural and engineering complexity of the renovation plan. On March 19, 2015, Kara Thompson and Ryan Walterscheid of Forum Phi meet with Senior City Planner Justin Barker to discuss amending the Planning and Zoning Commission approval to locate the house 24 feet from its original placement, with a greater set-back from the bluff and in full compliance with the Hallam Lake Bluff Standards. Justin Barker informed us, after confirming with other City staff in their regular staff meeting, that in order to preserve the approvals for the Bluff Restoration, which is integrated with the City spillway work, an amendment to Reso 12-2013 (Exhibit 3) would be required. Because we had already submitted for permit and due to the adoption of Ordinance 31, we emphasized with Justin our concern about the applicability of new codes on the Development Order. We proceeded with an understanding that the amendment would not be considered a new site-specific development plan, would not disrupt the continuity of the existing Development Order, and that the approval allowing a double basement would not be lost. On June 9, 2015, Steev Wilson and Don Carpenter of the development team met with April Long and Jack Danneberg of the City Engineering Department to discuss how the potential amendment might impact the joint project for the stormwater pipe and spillway. Engineering staff advised us to seek both an amendment of the land use approval and a change order to the building permit. The change order route, we were told, was to avoid a re-review of the already approved City work and to preserve the precise schedule (a June start) needed for the slope to stabilize before fall. On June 23, 2015, Steev Wilson met with Stephen Kanipe and Denis Murray of the City Building Department to discuss an extension of the original building permit while the change order option was explored. Building staff also assured us that codes adopted after our original permit submission would not affect our original permit or subsequent change orders. On June 29, 2015, we received a pre-application summary from Justin Barker regarding the proposed amendment to the Hallam Lake Bluff approval. The pre-app stated that the amendment required a re- review by the Planning and Zoning Commission. On July 9, 2015, we received a 1 -year extension of the building permit from the City Building Department with the condition that work commence prior to June 1, 2016, pursuant to City Engineering Department requirements. This time extension allowed us to pursue the relocation of the house by 24 feet. On October 26, 2015, Ordinance 27, 2015, was adopted implementing a land use code change regarding the applicability of new codes to approved projects. The revised language set forth limitations on amendments to vested projects and a requirement that any "major" amendment be subject to the code in effect upon submission of the amendment. On October 27, 2015, we submitted our application to the City to amend the land use approval. Ordinance 27, 2015, became effective November 25, 2015. On November 16, 2015 we picked up the building permit. Review fees of $232,000 were paid and employee-housing credits, which cost roughly $350,000, were extinguished. (Note - pursuant to City policy, receiving the building permit for the original plan is required prior to submitting a change order.) We received approval from the Planning and Zoning Commission on December 15, 2015, for the amendment to the Hallam Lake Bluff approval. (Reso 22-2015). See Exhibit 5. Section 1 of Reso 22 is very specific concerning the application being only an amendment of an existing approval. It cites the differences from the approved site-specific development plan and emphasizes that all other sections of the original approval remain in effect, including the original vesting period. We received an amended Development Order citing the original approval, the amendment, and restating the original period of vested rights. On March 7,2016, we submitted Change Order #1 to permit 0065.2014.ARBK to reflect the amended land use approval with an expectation of complying with the City Building Department's extension approval that required development commence by Junelst. On April 19, 2016, demolition of the existing structure commenced in conformance with the conditions of the permit extension. On May 18, 2016, the Stormwater Improvement and Construction Agreement was executed. This agreement grants the City of Aspen certain easements for the storm water pipe and spillway and assures the construction of the spillway. On May 19, 2016, we received written comments from City Zoning Officer Jim Pomeroy (Exhibit 1). Mr. Pomeroy's comments contradict previous direction from numerous staff members and would require the project to be entirely redesigned to comply with codes adopted subsequent to the original land use application and subsequent to submission of the building permit. Conclusion: It has been our understanding, as well as staff's, that the original Hallam Lake Bluff P&Z approval constituted a Development Order for a site-specific development plan and that we would continue to rely on the code in effect on the date of the original land use application submission. We were very specific about our plans for a double basement throughout the land use review process and consider our representations to have been clear, intentional and substantive. The project has evolved by moving the house 24 feet from the original location. We carefully reviewed this with staff multiple times to ensure the continuity of the vested rights would not be interrupted. Our understanding was also reinforced with the language of the amendment approval and its language limiting the effect of the amendment to shifting the location of the proposed house, with all other aspects of the original approval remaining unchanged. We have complied with all conditions and requirements of our Development Order, including timeframes for permit submission. We have coordinated with the City's Engineering Department to achieve a reasonable solution to the long-standing drainage issue. The owner has agreed to install permanent municipal facilities on the property with the inherent ongoing access and maintenance requirements. The owner conveyed property (an easement) to the City in good faith in reliance on the understanding that the Development Order would be honored. The owner has substantially invested in the project in reliance on the validity of the Development Order. The infrastructure contemplated by the plans for storm water alone will cost approximately $600,000 to construct. While the owner appreciates the $72,000 the City has agreed to contribute to the cost of this infrastructure, the owner would not have agreed to the terms of the joint project if the land use entitlements were at risk of being invalidated. Therefore, we respectfully request an Administrative Determination that the Development Order for 360 Lake is valid and the project can proceed under the land use code in effect upon submission of Hallam Lake Bluff ESA land use application. We would like specific confirmation regarding the right to rely on the substantive representations included in the application concerning the basement. We hope for a timely answer as the infrastructure work must be accomplished right away for the bluff to stabilize prior to the fall. I appreciate your attention to this matter and am available to answer any questions you have about this project, its background, and current status. Sincerely, Steev Wilson Forum Phi Architecture 715 W Main St Suite #204 Aspen CO 81611 Exhibits: 1 - Zoning Comments 2 - House plans from original land use application 3 - P&Z Reso 12-2013 4 - House plans from original (active) building permit 5 - Resolution No 22-2015 Copy: Don Carpenter, Owners Representative John C Calhoun, Esq. Chris LaCroix, Esq. April Long, City of Aspen Storm Water Program Manager EXHIBIT 1 - ZONING COMMENTS From: Jim Pomeroy jim-pomeroy@cityofaspen.com .Â»,=L Subject: 360 Lake 0 Date: May 19, 2016 at 6:16 PM i.. To: Steev Wilson swilson@forumphi.com, Kara Thompson (kthompson@forumphi.com) kthompson@forumphi.com Cc: Nick Thompson nick.thompson@cityofaspen.com, Jesse James jesse.james@cityofaspen.com Hi Steev and Kara, In reviewing the change order plans for 360 Lake Ave, I noticed that there were several subgrade areas that are not compliant with our revised Land Use Code section 26.575.020.D.8 regarding subgrade space. Specifically, the section regarding "double basements." This section says: 8. Subgrade areas Single-family and duplex structures shall contain no more than one fioor level below finished grade. A basement with a stepped fioor is allowed. The finished fioor level shall be no more than 15 feet below finished grade. A crawl space below the basement, compliant with the limitations of Section 26.575.020.D.3, shall be exempt from this depth limitation. From looking at sections for the main house it appears that there are actually 3 finished floors below finished grade. Furthermore, the planter alongthe north wall cannot be used to create subgrade space. Please redesign these features to be compliant with the current land use code. If you have questions, please contact me. Cheers, Jim Jim Pomeroy Zoning Officer Community Development Department City of Aspen - 970-429-2745 jim.pomerov@citvofaspen.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the senderthat you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. RET;* FOR PERMA /4-/.i i â€¢ 4- J -9 0068 Â· 9016 Â· A-SUA CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees -0 An agreement between the City of Aspen ("City") and :g & Property 771 60 Phone No.: 970-279-4019 40 2 Owner ("I"): Email: Bell 26 LLC do Steev Wilson swilson@forumphi.com EP. 2 Address of r-- v. O Billing Property: 360 Lake Ave, Aspen, CO 81611 Address: 715 W Main St Aspen CO 81611 4 63 rn (Subject of (send bills here) Z application) E I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedentto determiningapplication completeness. I understand that asthe property ownerthat I am responsible for payingall fees forthisdevelopmentapplication. For flat fees and referral fees: I agree to paythe following fees forthe services indicated. I understand that these flat fees are non-refundable. $. flat fee for . $. flat fee for $. flat fee for $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent ortotal costs involved in processingthe application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree tothe Land Use Review Fee Policy includingconsequences for no-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, 1 agree to pay additional monthly billings to the City to reimburse the City forthe processing of my application at the hourly rates hereinafter st>ed. $ 975- 10/ deposit for -3 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ 0 deposit for a hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Property OwneÂ¥:, 4/L- - , J.\J Jessica Garrow, AICP Community Development Director Name: Bell 26 LLC do Steev Wilson City Use: 414 4- Fees Due: 5 Received %419.00/ Title: Architect March, 2016 City of Aoen I 130 S. Galena St. I (970) 920 5050 RECEIVED 018 20 16. RE> LU CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 2 - LAND USE APPLICATION PROJECT: Name: 360 Lake Ave Location: 360 Lake Ave, Aspen CO 81611 - Parcel ID 273512132001 Parcel ID#(REQUIRED) APPLICANT: Name: Bell 26 LLC Address: 360 Lake Ave, Aspen CO 81611 Phone#: REPRESENTIVATIVE: Name: Steev Wilson Address: 715 W Main St Aspen CO 81611 Phone#: 970-279-4019 C] GMQS Exemption CE] Conceptual PUD D Temporary Use /3 GMQS Allotment ~ Final PUD (& PUD Amendment) Special Review Subdivision 6 Conceptual SPA ~ ESA - 8040 Greenline, Stream U Subdivision Exemption (includes ~ Margin, Hallam Lake Bluff, Condominiumization) Â£ Mountain View Plane ~ Final SPA (&SPA U Commercial Design Review D Lot Split Amendment) ~ Residential Design Variance Q Lot Line Adjustment Â£ Small Lodge Conversion/ Expansion Â£ Conditional Use X Other: Administrative E-<ISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Determination Existina house demolished under building permit 0065.2014.ARBK: Previous approvals include Resolution 12, 2013: Resolution 22.2015: Ordinance no 5. 2014: Ordinance No 66, 1990 PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) Proposed development is Change Order 1 to Building Permit 0065.2014.ARBK submitted March 7, 2016 Have you attached the following? FEES DUE: $ 97C ~ Pre-Application Conference Summary ~ Attachment #1, Signed Fee Agreement Â£ Response to Attachment #3, Dimensional Requirements Form Q Response to Attachment #4, Submittal Requirements - including Written Responses to Review Standards ~ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. March, 2016 City of ADen I 130 S. Galena St. I (970) 920 5050 CITY OF ASPEN COMMINTY DEVELOPMENT JUN 22 2016 RECEIVED CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jim Pomeroy, 429-2745 DATE: June 22, 2016 PROJECT: 360 Lake Ave REPRESENTATIVE: Steev Wilson 0063Â· 2016.As,4 DESCRIPTION: The applicant is requesting an administrative determination regarding the applicability of certain land use code provisions on their permit for a new home at 360 Lake Ave. They are specifically interested in how changes to the land use code related to basements apply to a previous site- specific development approval for a stream margin review. Land Use Code Section(s) 26.104.100 Definitions *M L m 26.575.020 Calculations and Measurements %E Link to the Land Use Code: m= T http://www.aspenpitki n.com/Departments/Comm u n itv- DevelopmenUP lanning-and-Zoning/Title-26-Land-Use-Code/ Review by: - Staff Public Hearing: No Planning Fees: Deposit of $975 for 3 hours of work (additional planning hours over deposit amount are billed at a rate of $325/hour) To apply, submit the following information: 1. Total fee for review of the application. 2. Completed Land Use Application Form. Page 2. http://www.aspenpitkin.com/Departments/Community-Development/Planning- and-Zoning/Applications-and-Fees/ 3. A Pre-Application Conference Summary (This document). 4. A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 5. Letter requesting a determination 6. 2 Copies of the complete application packet. Disclaimer: UN 2 2 2016 CEIVED The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Bell 26 LLC PO Box 1860 Bentonville AR 72712 f November 5, 2015 City of Aspen Community Development Department 130 South Galena Street, 3rd Floor Aspen, Colorado 81611 Lots 1 & 2, 360 Lake Ave, Aspen, Colorado 81611 To Whom It May Concern: Please accept this letter as our approval for Forum Phi Architecture to apply for and pull and necessary construction permits and land use applications required for construction at Lots 1 and 2 of 360 Lake Ave, Aspen CO. They may represent us during the application review and approval processes. The following is the name and address for the company. Steev Wilson, Partner, AIA Forum Phi Architecture 715 W Main Street, Ste 204 Aspen CO 81611 Sincerely, 49 0 .r Il~161< Date Ri cu.~t-p,ok'~f'~aA- 1 \4~12,ua-J-,-:E Print Name CITY OF ASPEN JUN 2 2 2016 RECEIVED Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title GUARANTEE COMPANY wWW.LTGC.COM Date: 06-28-2013 Our Order Number: QPR62005373 Property Address: 360 LAKE AVE ASPEN, CO 81611 If you have any inquiries or require further assistance, please contact one of the numbers below: For Title Assistance: Aspen Title "QPR" Unit Kurt Beereboom 533 E HOPKINS #102 ASPEN, CO 81611 Phone: 970-925-1678 Fax: 970-925-6243 EMail: kbeereboom@ltge.com FORUM PHI *TMX* BELL 26 LLC 117 S SPRING ST #202 PO BOX 1860 ASPEN, CO 81611 BENTONVILLE, AR 72712 Attn: WILLIAM LEWIS Attn: BELL 26 LLC Phone: 970-319-7399 EMail: wlewis@forumplii.com Sent Via EMail LAM TITLE WARANTEE OaVIPANY PIGIERrf FEPERr Our Order No. QPR62005373 Cust. Ref: This Report is based on a limited search of the county real property records and provides the name(s) of the vested owner(s), the legal description, tax information (taken from information provided by the county treasurer on its website) and encumbrances, which, for the purposes of this report, means deed of trust and mortgages, and liens recorded against the property and the owner(s) in the records of the clerk and recorder for the county in which the subject property is located. This Report does not constitute any form of warranty or guarantee of title or title insurance. The liability of Land Title Guarantee Company is strictly limited to (1) the recipient of the Report, and no other person, and (2) the amount paid for the Report. Prepared For: This Report is dated: June 25, 2013 at 5:00 P.M. Address: 360 LAKE AVE ASPEN, CO 81611 Legal Description: LOT 1. ERDMAN LOT SPLIT, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 26, 1990 IN PLAT BOOK 25 AT PAGE 42. COUNTY OF PITKIN STATE OF COLORADO Record Owner: BELL 26, LLC, A COLORADO LIMITED LIABILITY COMPANY We find the following documents of record affecting subject property: L NONE. *****4:***4:****4:** PROPERTY TAX INFORMATION ********************** PARCEL NO.: 273512132001 2012 LAND ASSESSED VALUE $403,570 2012 IMPROVEMENTS ASSESSED VALUE $155,720 PVOERIN FEPCHr Our Order No. QPR62005373 Documents of Record: LAM)nTLEaN\F,NTEEOC]VIPANY INVaCE June 28, 2013 Record Owner: BELL 26, LLC, A COLORADO LIMITED LIABILITY COMPANY Property Address: 360 LAKE AVE ASPEN, CO 81611 Your Reference No.: When referring to this order, please reference our Order No. QPR62005373 -CHARGES- Property Report $100.00 --Total-- $100.00 Please make checks payable to: Land Title Guarantee Company 5975 Greenwood Plaza Blvd. Suite 125 Greenwood Village, CO 80111-4701 RECEIVED JUN 2 2 2016 CITY OF ASPEN COMMUNITY DEVELOPMENT al . Mi i fc'*il N i f 'FIFIâ€ž...Li ; 1 *:1 C' 1 iN//hr, 447,/1â‚¬92* g 2 '1 1 / ..16- :Aw AN I, b â€¢ 1 'F,/ / 1 ; P**pliT 1%3~?Â·, /1. 1 Â·533513:52\ 4 it .3 . k â€ž' t/'U///7%1'/1:/77~L k a r \'a 3094'~1~'-i t ) 1 1 r .r- * . 44 *tÂ· El .7//v/95//,11#97&*%6Â£*.-sii-1-,Â£ . t\JeAJÂ»aW|LLOL~PHBUVAÂ¥1:6~.4/ Ul ,â‚¬7Â©a , 66 -6 4?N 'i,\ " 09Â· /LSPA 12 YAP,4- Â£-4 *R-15 4- fper .C- / 96 /vy.#1 ~ ~ :Â·Â¢5'. 5'F .6 --7. 1%:eÂ¥~/4,11> ~~~ â€¢,57 64 242 %3 12.-0- - 3-,4/ j %4 i 01 1, 1 m & i I ==t' 7-==0 I Â·112,: , 1 a ./ ' th ;4011% fl~ 5 tr r- i , , -- GILLESPIE sr==-W r'r, - 1 Â·Â·'1~2Â·' Â·Â·Â·*'.Â·Â·Â· % 1 liu .10*11,\) ' 1 <42*lr 1 *-WiÂ·' 4.jit> . 'r. -4 -- 4 4\ . '5Â».0 r.-I 1 vA 01*'0211 ~ '~* A-10.(,0,~,~1~~-~ /F / Gi# 4-4/2 4 f\ 44869â‚¬f<.1.RZRN*:"~ - $ 4 1 - fi l . 4 . .9 8,0 + .de' , el E e J .Â¥/,44*%,E .j., Hallam Lakâ€¢' 'AH 1111-i*4" 'e.1 9#:44Â«Â«02$.64Â§0 [Â»41. T A 1 r*41.Â·77% 11 11 /111// 4.4 / R/Mf/4/#/'*M41Â· f,PQ> ' -': 9, '-r. 11=:19175:;:JAN=AM~: i/22, ,05R-30 2* 44,~4~Af.$*: 37# C n i/,1,9'--waii.b,YxÂ»xep:*~2#2"- i\_Imm--:52300903* . Â¢ . . /06 *4816-5& .Â¢ #he#BI -n - 4 2 7?11,411!142L= 'U,09:,1 z.:t~1LL,4/*+CbS61 .;C.33. PuB /\ 74~4*dE#--1:~ ~4 - - *1.-,A~2~6=42273**2**Fs~*~.~4 lidin*, plk'~ R.-304:4 v:oy-=k,jwn/Vctvs Cou grr.'C' 19922013:54:hc 4290 4.,M,2862**4942 - 4 4* 3OrtaldS Permit No. COMIMUNITY DEVELOPMENT DEPARTMENT .. Homeowner Association Compliance Policy All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. The following certification shall accompany the application for a permit. Subject Property: 360 Lake Ave Lot 1, Aspen, CO 81611 RECEIVED JUN 2 2 2016 CITY OF ASPEN 1, the property owner, certify as follows: (pick one) COMMIJNITY DEVELOPhENT E This property is not subject to a homeowners association or other form of private covenant. [3 This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit do not require approval by the homeowners association or covenant beneficiary. U This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. f 8- =1 Owner signature: /Dfut- datelo-17-/ f owner printed name: .Of&,AA 7-0,3 - /fz,e,d.02-,22.6,-t ~Zf n -~0'â€¢76 LAG f f or, Attorney signature: date: Attorney printed name: April, 2013 City of Aspen 1 130 5. Galena St. i (970) 920-5090 RECEPTION#: 599796, 05/24/2013 at 10:54:28 AM, EXHIBIT 3 - RESOLUTION NO 12, 2013 1 OF 5, R $31.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 12, (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING HALLAM LAKE BLUFF REVIEW FOR THE PROPERTY LOCATED AT 360 LAKE AVENUE, LOT 1 OF THE ERDMAN PARTNERSHIP LOT SPLIT, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-24-008 WHEREAS, the Community Development Department received an application from Bell 26, LLC, represented by Steev Wilson of Forum Phi, Inc. requesting approval of Hallarn Lake Bluff Review to remodel the existing residence; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission for Hallam Lake Bluff Review; and, WHEREAS, the property is zoned Medium Density Residential (R-6); and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on May 14, 2013, continued to May 21, 2013, the Planning and Zoning Commission approved Resolution No. 12, Series of 2013, by a six to zero (6-0) vote, approving Hallam Lake Bluff Review with conditions; and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public cornrnent; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Resolution No. 12, Series 2013 Page l of 4 Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Hallam Lake Bluff Review with conditions, as shown in Exhibit A. Section 2: Hallam Bluff Reconstruction A site plan detailing areas of impact on Hallam Bluff, specifically the location of excavation, depth of excavation, type of machinery, storage of materials, location of utility connections and other items shall be submitted with the building permit. Parks shall approve a final landscape plan during the review of the tree removal permit approval process. Hallam Bluff Stabilization: Building permit plans shall include a detailed plan for protection of the Hallam Lake Bluff. The detailed plan shall identify the location of erosion control measures. The project is subject to Urban Runoff Management Plan (URMP) standards. Building permit plans shall include a detailed plan for construction staging. This plan shall detail how the construction will take place with staging, storage of materials and locations of vehicles so that any trees remaining on site will not be impacted and to prevent unnecessary impacts to the Hallam Lake Bluff. The Parks and Engineering Department shall approve the final slope stabilization plan. The work should be designed and completed by a company that has experience in this specific line of work. The company of choice shall provide examples and an understanding of the history working with this type of stabilization. Site Protection: The applicant should detail how the existing structure and other improvements will be accessed, removed and restored without creating additional impacts to the undisturbed portions of the property along the Bluff. Section 3: Parks Department: Re-vegetation/Restoration: Parks requires approval of a full re-vegetation or restoration plan that should include seed mix, plant species, irrigation and a noxious weed control plan. Approval of the landscape plan and building permit is contingent on an approved re-vegetation plan. Noxious Weed: The contractor shall be responsible for the control of noxious weeds during a one year warranty period. The City of Aspen shall perform monthly inspections of the area during construction. Inspection of materials: The contractor will be required to provide a fax, hand deliver or participate in a on-site inspection of the specifications for the seed mix, certified weed free straw and top soil. Resolution No, 12, Series 2013 Page 2 of 4 Irrigation: Restoration areas require supplemental above ground irrigation system. Irrigation shall be installed in a manner that provides full coverage of the disturbed area for a period of two years. Section 4: Engineering Slope Reconstruction: The slope reconstruction is subject to Engineering and Parks Departments approval. The location and degree of the slope shall be verified in the field. Significant changes to the slope shall require a substantial amendment by the Planning and Zoning Commission. The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. Section 5: The proposed project is subject to a floor area amendment to the Erdman Partnership Lot Split by Aspen City Council, Section 6: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as iffully set forth herein, unless amended by an authorized entity. Section 7: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 8: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 21St day ofMay, 2013. APPROVED AS TO FORM: PI I AND ZONING >3-&21- Debbie Quinn, Asst. City Attorney LEE,4pamer, ChAir Resolution No. 12, Series 2013 Page 3 of4 ATTEST: **22 /*dA,/2 ~ackie Lothianc[*puty City Clerk Exhibit A: approved site plan Resolution No. 12, Series 2013 Page 4 of 4 EXHIBIT 2 - SECTIONS FORM BLUFF REVIEW SUBMITTAL . TYT*Jdrit~-M, : ~~~ j*34*~*(*iffn~.iILd -~rii 4254*3699%12. Dâ‚¬-~~t~f~,~i.j,4.1.9/00 .~, Â» Â· 4%# 1 , 2;Â·4:j.0â€ž:~s:Â· Â·rÂ·ri ' -Â·*>Jit 1 9, 1 1 -*v r 4 8 , W, -1 4~' 8 0.4/14Â«1 .- J 11-- 92#*444 j -7, FORUM PHI 7'* - fi 9. -/44 11. Soull,Spring St"?el. Suite'. I *.*115=t i. \ 4.31 A.: Aspen, Colorado 81611 0 /4 43 1 rr< 4AMN. C , ".12* "~-1- 1, - " RAT/'1'1 1.-,-1 P: 970.279.4157/:866.770.5585 /'. , AP I r I.Â¥4 11 r v , , ,..., ., F,*r,imÂ·.I,r. L.-:,.~.7- 1.41 360 LAKE 'Im'(.'*0& 111111 -m, 26 Bell LLC , - i ; A- Â·r .defs, 4 A r w.i - 4 - .M Â·gÂ·,pÂ«Ya 360 Lake Ave 09.9 dia. ..eill 7: p '11,>,~< ..11'A . . 4 Aspen, CO 81611 14 ==&=14 02.---A6 (4753>43..' 1 ' T . . *4F2#U..i 'i '. L 11 -- 3 I.4 1 - :' ' p.0 f. -' .r ~ ~Ay'Â·42 47- 4,-,t#A:â€¢NV Â·7'. 79 V . # I '4, ~ -1.Werl>.4 1- 1 IL 11 . 11 11 TEVEN 0 0, COL .P t .:6*%34/Low#*ew'WAVH<kivwtablet,ittiaa'.blo- ~ i~' Â£ i 4-2/6922.=5-T-*- , 9'~.22/ 82 "' **R'/ftÂ¢90;Api <4 9- 9% CONSULTANTS + 1 SURVEYOR Robe' C. Hullon ProfessionaILandSurveyor b-Â·4. i.-4Â·4. i.4.-4. M :41,111'111 ). 6.2/.T' 1 111 1 1. 1. 1 -- 1 11 A 725 Ceinelely Lane -Ag3,â‚¬i ~-A#Â£Â»41:'Mi Ase~%4146, f CIVIL '* ~fr~ ~4'L f |Ir/ ~144,0.3*:1Â·Â·'â€¢*, 40>'1';& '''' M r I F' f 'tE'?l44Â£'/4Ft>Cii<.bOG'~24â‚¬,20,44,I 'i~ i,ii, ; i F' I Â·:1Â·.n~.Â· t-.Â· 4~~1 â€ž -...3&/9/2:3/-4*' tie D. . . , 1 1 1 1 1 1 1 1 |'I 1111: il,illall ill ililll| 111 I l F.1 '0'~' 'L " -J_ i ~_'~ TBD E p Â»..4, f 6~1~ ' Lic'i, '1'' i A.e*,/Â·-vkt* 4,11'11-6,141 #1 0 1 31,0, ft#*34 -9)' 41 STRUCTURAL TBD ~ 12*1'M lili -4-',bLWirÂ·14 -- . TAÂ· IL:-Â· IllÂ· +-, ; i I , 11 1 , 3>. *4.,144 '31 0,2, â€ž4~.1fi.4, *L.*J.v#*, i ' i i. Â· i, Pt: 111 ~1 111 ~ AREA TO BE RESTOREOAND REvEGATATED --~33;;' -~ 4*999Â£91 ~.?t'~:jOÂ·1,11?Â·*,42.2(4'?YÂ·'% ' . ,~1 â‚¬ ',' '_1, 4, , i _ (*12 Â·1Â·,(4Â·%~47'di.,/.0Â·4 ,4,4.0 2./ '11'V,1, "' , 1,; ' , : , V E himi \. iiÂ·Â· *VÂ·lÂ· Â·dit'!~i,b i ~ (.;j;;; :1<)fiR :4'~if?fjkÂ·. ~ C'e~~t ~ BLUFF REVIEW ~. i 12,5 Â·/,-i .7 I Â·ln:*2 4,5,r'*ro4\ '1 922Â· 44' 4 j - so ZD " it. 1 < L LINE OF EXIsTÂ·IN~ NOT FOR CONST. TOPOGRAPHY PROJECTNO: 1207 DRAWN SY: SMW 4)* A * A \ 14*709, 370 COPYRIGHT FORUMPHILLC L .W . f#%.''t,42'L,*ic 464 #RAM I Â· 7 1 1,/) â€¢ 12 \1 C.Y t.] Olut*fc- \* r===i â€ž/ca=imk, 7 ,3*,24 Pk;92 SHEET TITLE \ A=- xic,Y 11 r-ji me Z9.01 SECTIONS A PROPOSED SECTION ll4Â· = 1Â·-0- 4 1111'11:1~\.~ EXHIBIT 2 - SECTIONS FORM BLUFF REVIEW SUBMITTAL Â«Â«tai 4694<fu~- A"Il,k**- I â€ž'44,~.~9;%Â·d>â‚¬ 4 .1-1. FORUM PHI N IN Â¥96 117 Soul Spring Street. Suite 202 Ipen. Colorado 81611 / 970.279.4157 F: 866770 5585 43%....6:5-aE 360 LAKE (A â„¢-4 *g-wg *91Â·!N'Â·'Â· "tkag>Â· pgM~(-,34*~ff{E+' '~~' "Ji'~*tri,17Fy'L'Â· r, 26 Bell LLC 360 Lake Ave 48 : Aspen, CO 81611 -1Â«5Â¥Z*- f- .=13*JELL -fr- 4 r .94 11111 Cy'Â«: IF Co : 4.4.*p*r'dildi,,6,0*Â» 04441,&7149-*r;*â‚¬~ 11 'fll'~111 4-lili 4,.. 1,44 4-44.74.. %,94. i= 2,Mb'.%,1,Rel,PA ;iÂ·~yj.*Â« 17=fezz i~ (1 ':0.,Â·~'3.~FfÂ«~ 41 fit TEVEN 1.-4~m,0/ 1~Â·A~RH~i fot?<?#29VT#k~#411-1 ?*84/126 1 \ 111 ~111111 1 -~1 29 --- IC 3-4<,~,2,19 34,:A.i,h:),TW2c~4* 4~~*~.*444Â»'-'.3, 1: ~,~I Z: .1 'F.~~.d.~94ili~1~Q~+4 -==4* E U V 11 4 "VAÂ·*i,iki,ty<>4 11~ i': t'~i il~ In 'I CONSULTANTS -\ NiÂ· ' BAÂ· 0 4. U 'i.Jh ......... ...Â·,-. I I ...-., . i -Ars--- lizE- /Â£&19*M-ty/4/, 1 - 1 Â» 725 Cemele' Lane r- SURVEYOR Roban C. Hulton \742*#*4'lit' ,Â¢0.9(by*Â·- 1 pAp *t'*lk ,", 'i liu 9 4?9.12 - 1 rv 7 \ N@34/9<Â£9(, ,% jz 04% **Aty *ferljvi??:'HY m ~' 311Â· ; -' Il '~~~' 5 '. |ll '4~4~~~ 103 I ProfessionaJLandSufveyor 111 1 -1 1 -1, . 4. . <491=,Mi -M-- Aspen. C. 81511 11 . 1 1 1 11 11 11 1 . ...e.ver e (970)544-9952 - u.Â»#'4..4.- 2.44%Â·j@>Â¢14%[AR.%*2*L.-' 'i' ' ' ''~l'LI,i ' " ' -1 11 ' '17,1 1 )78: '2Â¥1Â»Af ' Ti & 1 1 I CIVIL TBD ral tAÂ·Arip#~.ft)7~.~k-ja~4Rk<~,T 1 11 11 4 4 .11.1111,11111 1 fitiMP?3?fift,4.jâ‚¬w . ismi 4(')%21" 11 Ii-PI,11 1 ..,r .11 1 7-11 14.*=72<69Â» GEOTECH W+YrÂ« 24 . 71 U TBU 1.11 -- i ..... -19 411 1 1 1 111 1 ~11 F ~. â€ž. '.'1, :I'll 11,~ -..â€¢' -,Â· , ..P 4)1-:rl Â· -- ' ir' 146*' ->Kibi '1.Z~~{I Â·~I 'Â·'- '64*.~t ' Iii- C...y-' t~ExC- - - '4-' 1-I : ~ Â·FÂ·MA~ -----Â·--------Â·----- - : 111 .lilli:11 FR* Â·Â· Â·,Â·Â·,Â·l.iÂ·~i~Â·J ~,TlÂ·~,~'' Fl'; 4',if fill, 1 , 1, { 1 -- 71111 -4. 3*he ..4Â· V , 1 4 0, , 0,- Â·Â· 1 . II 14 1 /.4 1 1 .241,1 -14 STRUCTURAL Ir , 1 ,, i,'l- 2.4 "'tfÂ· '4 "6, 5 1 11. 11,1 211(11111 1,1- 14 A I . 7.- ' 1- 9Â©1 I li 11, I TBD 47- y. Â·,=- Â·Ub-- A 6 L , e - r 1 --~ - - 1.> W.I.q '' " ' 1/11- 7241 12 4 01: 11 lili At i "~ , " " - 11 .* '11.1 Â¥.:442}.>f...2.1'.1'/4.Â· .1. M....â€ž. , ,-1 i 1, 4* :i~,U,Â· .b 44 ;V C 1%,4'. . 1- - r /1 lili | 4 1 Â·FR, 0.- ....,)41\ -7<. 1 11 ' ' ' 32 1 . . - 9Â£3- . il , n -- ~ .0 Ll' 111 CONTRACTOR . . -._ -'.... 17 . : .91- ,Â·. 'AN.+1 ..6 4, ", 1' 4 1|~~~'~f~'5 '14 Id.#~254~ n 11 4,01 - 1* 12Â¥:4,2 11 -1,1.'llili 11 - TBO , 1 -4+40* 1 .0- , ' A.hi'..4.111111 1 11'. 61-9,23 ]Ill#ke'--4.-446I .' 1 ; 1 A.!1 ' 1 r, . 1. , . I 512* 11,~ - ,<2*-=i=4.,53%6~86UA2-it 11.0,1, 11 1 1 lip- 1 ..1 0: .,Â·6 #. ' r."VAI' :. ' 1 , 1 7, 'ltf %Â·..>a,GI _ i, .,; ~ . m 4%4 1 1 11 1 ri, 1 CE L , ..." Ill '11 t AREA TO BE RESTOREIAND u.-- 1-,0} /â€ž 7 1 ~ '~ ~- ~'TV''-4 1' ~| ' â€ž , # ; | . REVEGATATED -77Â· â€ž .e'- . r,Â·<, 4~',1&'37/.,~4*949*92k, 40 : â€ž1- , \1142 --- ~ - . B .1 +' j \1,47., .\ I , 4'r<'0 31-1 ./ 12,Â·liwj .11 A! lili 11./1 .111 19 1 -- I // FRE*" 74 Â¢ 74'3 #.2,4,14'14,9Â»,A#4 ..... '1! b.~:1_1##S~M<J"t'iA*,3,'~,4$4.~Rw~X441V#:9.fÂ·P'J #1<f tif 5/9/13 BLUFF REVIEW 41- TOPOGRAPHY L LINE OF EXISTING -#~- 4 pLI~24,~1 ~ifigu.)<5<.r' **IR k&*dy 7-4*KE SO M;D/YY NOTFORCONST. v 11- PROJECTNO 1207 4-8 . - f~----nlkÂ«557* 4473-4 3Â·>*T,%5. Aip.fa QÂ«Al.-Â·*Eur-111 DRAMBY: SMW putiatiÂ·tÂ· 1,<z~51-.4 X,,~A~.5 COPYRIGHT FORUMPHI,LLC R W 73 -'fIÂ»U-1.-'-,bcÂ¥*wig+21 Â·0903(Y>41,Â·2, i OP Â·<k U t--_ E..EEkkis~ ~~4Â»8 i 1 r 09 "4. a~~==:=m,wl-=21: REFialf.L,412, SHEETTITLE C . ir....9 ~ 604=b-e Z9.02 SECTIONS B PROPOSED SECTION 1/4. = 1'/ 360 Lake - Applicant's timeline and perspective on process 2013 March 2nd - ASLU - ES - 0021.2013 - Hallam Lake Bluff Review include requirements for extensive stormeater/slopework - Drawings included in this submission show double basement May - Approval from P&Z - Resolution 12, Series 2013 2014 June 5th - Building permit submitted - with double basement November 7th - Zoning approval of bldg. permit November 26th _ Prohibition of Double Basements - Ordinance 31, Series 2014 December - Permit Ready 2015 Spring - Reconsideration of design due to architectural and engineering complexity - considering moving building 24ft. further away from original footprint. March 19th - meeting with Justin B. - Justin conveyed that an amendment to Resolution 12, 2013 would be needed - but vested rights would continue - at his meeting applicant emphasized concern with losing vested rights for double basement - applicant left the meeting with the understanding that this amendment would not impact double basement rights June 9th - Engineering confirms need for a land use amendment and change order to bldg. pemit June 23rd - apply for extension to bldg. permit while change order is being considered June 29th - Met with Justin B. again - to discuss amendment details to Resolution 12, Series 2013 July 9th _ granted 1-year extension of bldg. permit - work to commence by June 1,2016 October 26th _ Ordinance 27, Series 2015 - new codes for changes to approved projects - major/minor amendments, etc. - effective November 25th - Until November 25% there is no connection between amendments and vested rights (??) October 27th - submitted application to amend land use approval (Resolution 12, 2013 - HLB) Nov. 16th _ picked up bldg. permit December 15th - Approval from P&Z for amendment - Resolution 22, Series 2015 - "all other sections of the original approval remain in effect" - establishes vesting period until May 22, 2016 - received an amended development order citing original approval, the amendment and restating the original period of vested rights. 2016 March 2nd - submission of change order to bldg. permit to reflect amendment April 19th - demolition of existing property begins May 18th - Stormwater Improvement and Construction Agreement was executed May 19th -received Jim's comments about the double basement and subgrade space 1 E-7 hypnVED FORUM PHI 1,73-n .....1 5u..2 *d*411$1 0.- 1 360 LAKE 28 8/'LLC 380 Lak' Avi I .pan. CO 81611 9 2 # / /40 .6 4-= 1 2;E t/~~ CON.ULTAN~ k 1\ , 7246â€¢malâ€¢iy L- SURVEYOR No~,MI.Hutl. #1*//1 W kal,Ir / 4 --./ - i. P ; Al//ffÂ« ~05 CIVIL 1.1 ~6 - â€¢.., IUS GEOTECH '1 Â· ~ 1- -7 . . .1 p JMMI ' ' 'liN' Nill/,/, //~///â‚¬ ./1 I *. - I. m-J . -212Â·ix- .3-Â·- .~<.~,~-42.-'...---~T'Zi.1 - STRUCTURAL . I 1- --i. '.0 '64/ I.i" CONTRACTOR . I -7-Ur - - :-./.2/I -Â·Â· ,:;2**Ulp-3. 226aÂ£,Uâ€¢JUâ€¢'Il ~ - ~~~S/<- r : ~-<.I-- -' Â·Â·, Â·~ . .~ Aty'Int~Z-Ii'Iia#'"2 Z InÂ·- - --. . , M" aLUFFREVIEW . Alâ‚¬â€¢r, Not FOA CON,r p,io~Ecr Â£ 1207 - - Â· DRAWN BY: 3MW COPÂ¥RIGHT FORIN PHI. UC SMEIT TITLE 81.2 FILL COVERAGE MUrOSEDSITEWITHNEWCOVEUGEAL er - .- EXHIBIT 4 - BASEMENT PLAN FROM ORIGINAL PERMIT 9 9 3 0 9 99 9 9 + 9 11114- 9 U.0. 1 w . 23'0- Â· FORUM Pill I:.* 1 1 i i e 715 Wei Main Streel. Suile 204 63 ' P. 970.2794157': 865.770,5585 Aspen. Cdor=la 81611 i| LOWERLEVEL FASCVE 1 ------------, 360 LAKE 1 1 .-- Bell 26 LLC i 360 Lake Ave 1 Aspen. CO 81611 . . 6 0 --------------r,1 ~2.3 L~~~r STEVEN j LF' 6/4/2014 173\ 439%44; 1*1 WILSON j 4 1 1 1 1 1 1 - h' ~Rk: x'~ 0 \Â« â‚¬ 1111 1 1- Liz, LLOWERLEVEL I 1.1 6 4. J 49' ./ :i: CONSULTANTS SURVEYOR , Robert C. Hollon I Professional.nd Sul.yor 4 ill;r 725 Comel*ne Aspen. CO 81611 (970)544-9952 1 ! :WH CIVIL Reanng Fo" Englneering & k 1 H U C ':lilli , c Ce,bondale.'081623 A.' /722/ richaidg@leng.org 4 1 ' f t,â€¢um (970)948-7474 *1 1 1 747 MECHANICAL ' 4 ./. | i . Glen~od Splings, CO 81601 118V,~sISixth.,Sui!*200 (970)945Â·1004 | CRAWLSPACE 1 0 C -111 J '221 i STRUCTURAL t~ ] Albnght'Associates.Inc 402 Pa rk Ave. Unit E * 7-7' ,/ACHINEROC I 800/)1621 '4GGEJECTOR.CESS T O SLAB Â·20' 8- ' ~ ~~ck@almil,f-asseciateE com a.~.3.- -.- ---1*.1 + CONTRACTOR 1 TBD el Â· 0 1 .1.; 0 k : ' 1 ...4 DATE OF.0UCATION 1 0 1 U. (,1 lili '1/ ' 1--'k i ~ ty t . C I L -- - CO 06/05/14 BUILINGPERMITS CD 05/20/14 RDS REVIEW . s. 05/09/13 BLUFF REVIEW 1 9 U./ 5 PROJECT NO 1207 DRAWN BY: KPT | 7 COPYRIGHT FORUM PHI LLC i i i .2 1 r C 402127 k j , , tib POBOX 1117 (970)927-4362 1 lili 0--- 16 1.1- 0 1 1 i ' 1 1 0 4e,Di'P SHEETTITLE 0 0 0 64 + 4 4 +41 O PROPOS.WALLS A-101 i. E.ST1.....TORE'IN All_1 14 PROPOSED CRAWL- SPACE .. = 1'-C' 1 4 8 FLOOR PLANS 09 . 99 9 9 + 14.-'. 'TÂ·P EXHIBIT 5 - RESOLUTION NO 22, 2015 RESOLUTION N0.22, (SERIES OF 2015) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING AN AMENDMENT TO A DEVELOPMENT ORDER REGARDING HALLAM LAKE BLUFF REVIEW FOR THE PROPERTY LOCATED AT 360 LAKE AVENUE, LOT 1 OF THE ERDMAN PARTNERSHIP LOT SPLIT, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-24-008 WHEREAS, the Community Development Department received an application from Bell 26, LLC. represented by Steev Wilson of Forum Phi, Inc. requesting approval of Hallam Lake Bluff Review to remodel the existing residence; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission for an Amendment to a Development Order for a Hallam Lake Bluff Review; and, WHEREAS, the property is zoned Medium Density Residential (R-6); and. WHEREAS, the Applicant received prior Hallam Lake Bluff Review approval via Planning & Zoning Commission Resolution No. 1 2, Series of 2013; and, WHEREAS, during a duly noticed public hearing on May 14. 2013. continued to May 21,2013, the Planning and Zoning Commission approved Resolution No. 12, Series of 2013, by a six to zero (6-0) vote, approving Hallam Lake Bluff Review with conditions; and, WHEREAS, the request is limited to an amendment to Section 1, and removes Section 5-a request for a floor area amendment, of P&Z Resolution No. 12, Series of 2013: and: WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application: and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment; and: WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards; and, RECEPTION#: 625748,12/21/2015 at 10:34:23 AM, 1 OF 4, R $26.00 Doc Code RESOLUTION 1 Janice K. Vos Caudill, Pitkin County, CO WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion ofpublic health, safety: and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves the requested Amendment to an approved development plan as it relates to Hallam Lake Bluff Review. The request allows the relocation of the structure approximately 24 feet to the west, as measured from the location approved by Resolution No. 12, Series of 2013, and as depicted in Resolution Exhibit A. This approval amends Section 1 of Resolution No. 12, Series of 2013. This approval also removes Section 5 from Resolution No. 12, Series of 2013 as the applicant is no longer pursuing a floor area amendment to the Erdman Partnership Lot Split with Aspen City Council. All remaining sections of that approval remain in effect. As the current approval is an amendment to the site specific development plan approved via Resolution No. 12, Series of 2013, the current approval is subject to the established vesting period and shall sunset on May 22.2016. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as i f fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. 2 APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 15th day ofDecember, 2015. 1 ( 60 20,0~1 . Keith Gooat,~ Ice Chair APP4(WEI) AS TO FORM: \ af < /3 1.Ul 144 / V Debbie Quinn, Asst. City Attorney ATyjEST: Linda Manning, City Clerl~ Exhibit A: Approved Site Plan UJ Resolution Exhibit A Approved Site Plan PROPERTY LNE .' 8 I 91 -:,incffingj : i ~ l 'r . -- %*til!<Tier/~ . C#=11 ri #111"ll **A *11.1.1 , i 1 . 1 - Mj #%1 f# ~ 4 1 4 1 1 Z.!4+:2 + @7.-1:1+ :*0 --1 LOT 2 r--t.'--'-211-lÂ©H' 1.11~1111111 360 LAKE AVE 1 11 1 -11 11, 11,1~ 1 lilli' 1 C I 1 i ERDMAN ' ' -3--, Nf re- iii I' t P 1-FARTIERSHPIpT I ~ ~ on f sapT +I. \, I ERDMAN IE 'Tr, I.I i ,~,111!11-lili 111 1111 PROPOSED SPLIT 1 ~ LOT SIZE: 8,899 \, i 3e[) LAKE AVE - 1 \ I 1 - -1 ,1 -- L-UU, | ZONE DISTRICT 11Â·6 ~\~ ~ PARTNERSHIP LOT -2 1 - --2 h.v, 1111-JI |+~ HOT TUB SPLIT ~p- -i h --- t:,11-'all; 11 APPROVED TOP OF L~.L.- I, I~- .,,' 94,1, p.'14' ttly BLUFF 1 1// 11 LOT SIZE: 23,956 1 lip I ~' It 4' |' 4 4 4 ~ ONÂ¢ DISTRICT 4 ~,~~|!~~~~||||~ ~|| ~~~~~~'~~~~~ ~~ ~~~ , SIT* COVERAG . 111 1111111111 llilli[ lilli 'i .1 '1 j li J. A " Â» 4/ 1 1 / I 111% â€¢ 1 1 lili '1 , 1 1-,Al<E, ' ~' ' ' ~~~-'ll' |'I~ Illilli., , ', /~ EXISTING 6' FENCE $ TO REMAIN iâ€ž_1_-._f-L-] - -- - - -- - - 1-1-- VU,"1"r-a",r.+,4,4-k ~ AVE f 1 ...../....'-_1~ ... r-7 O- .-/ SETBACK L NE i -0 ~~N3'lll#/ 341 S OPE TO BE RE- EGETATED PER SERIES OF 2013 ESOLUTION NO 12 NEW CITY _/r I DRAINAGE PIPE _C--I---=-~/1//57 ------ PROPERTY LINE 7-- 1 a ama Land Title Guarantee Company Property Report Land Title Order Number: 62007582 GUARANTEE COMPANY WWW.LTGC.COM This Report is based on a limited search of the county real property records and provides the name(s) of the vested owner(s), the legal description, tax information (taken from information provided by the county treasurer on its website) and encumbrances, which, for the purposes of this report, means deed of trust and mortgages, and liens recorded against the property and the owner(s) in the records of the clerk and recorder for the county in which the subject is located. This Report does not constitute any form of warranty or guarantee of title or title insurance. The liability of Land Title Guarantee Company is strictly limited to (1) the recipient of the Report, and no other person, and (2) the amount paid for the report. Prepared For: RECEIVED FORUM PHI JUN 2 7 2016 This Report is dated: 06-27-2016 at 5:00 P.M. CITY OF ASPEN COMMt#NITY DEVELOPMEN1 Address: 360 LAKE AVENUE, ASPEN, CO 81611 Legal Description: LOT 1, ERDMAN LOT SPLIT, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 26, 1990 IN PLAT BOOK 25 AT PAGE Â£12. COUNTY OF PITKIN, STATE OF COLORADO. Record Owner: BELL 26, LLC A COLORADO LIMITED LIABILITY COMPANY We find the following documents of record affecting subject property: 1. GENERAL WARRANTY DEED RECORDED FEBRUARY 25,2000 UNDER RECEPTION NO. 440881. ***************** PROPERTY TAX INFORMATION ********************** PARCEL NO.: 273512132001 2016 LAND ASSESSED VALUE $496,700.00 2016 IMPROVEMENTS ASSESSED VALUE $323,130.00 2015 REAL PROPERTY TAXES PAID IN THE AMOUNT OF $26,278.84. **************************************************************** Be1126 LLC 'ECEIVED PO Box 1860 JUN 2 7 2016 Bentonville AZ 72712 June 27, 2016 'Elo8'fNZ ~~~P~O~1-SPEN City of Aspen Community Development Department 130 South Galena Street, 3rd Floor Aspen, Colorado 81611 Lots 1 & 2, 360 Lake Ave, Aspen, Colorado 81611 To Whom It May Concern: Please accept this letter as our approval for Forum Phi Architecture to apply for and pull and necessary construction permits and land use applications required for construction at Lots 1 and 2 of 360 Lake Ave, Aspen CO. They may represent us during the application review and approval processes. The following is the name and address for the company. Steev Wilson, Partner, AIA Forum Phi Architecture 715 W Main Street, Ste 204 Aspen CO 81611 Sincerely- nrii ,1)41/\f 4)43 6 -url- ~ 1 t res Date 3 ki- [J-4 l rkN Print Name THE CITY OF AspEN Land Use Application Determination of Completeness Date: June 27, 2016 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 360 Lake Ave. - Administrative Determination and reviewed it for completeness. ~~â€¢ Your Land Use Application is incomplete: Please submit the following missing submission items. Il Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. Il Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. Both Items should be no older than 6 months from date of submission. The proof of ownership is from 32013 and the consent letter is from 2015. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, -fl f--n 1 9 -6~ Jefinifer Phelan, Deputy Planning Director City of *spen, Community Development Department For Office' Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes- Ne;<_ Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No_*~; Commercial E.P.F. Lodging