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HomeMy WebLinkAboutcoa.lu.sr.627 W Smuggler St.A059-97 ...- .,.-;. (6;J'fJrTTo;JftI.- rJf,6 fOR- tfOd ~ i.6<) It-! PiltJ0~l~ ~* 1(61- 9?- ~ r-- DESIGN REVIEW h.~PEALS COMMITTEE ,-, AUGUST 14, 1997 COMMITTEE AND ST AFF COMMENTS..............................................................................................................1 LOT TWO 0). OXLEY LOT SPLIT (UNADDRESSED LOT ON WEST SMUGGLER STREET) - APPEAL OF INFLECTION ST ANDARD.................................................................................................................................1 5 ~ ,-., DESIGN REVIEW h..~PEALS COMMITTEE ,-., AUGUST 14, 1997 Chairperson Steve Buettow opened the special meeting to order at 4:l0 p.m. with Gilbert Sanchez, Dave Johnston and Bob Blaich present. Roger Moyer arrived at 4:15 p.m. and Mary Hirsch was excused. Other staff present were David Hoefer, Assistant City Attorney, Mitch Haas, Amy Amidon and Sara Thomas, Community Development Department. COMMITTEE AND STAFF COMMENTS Amy Amidon, Staff, spoke to Robert Coleman. He told Amidon that they were boxing in the columns and putting paint samples on the walls. NEW BUSINESS: LOT TWO (2), OXLEY LOT SPLIT (UNADDRESSED LOT ON WEST SMUGGLER STREET) - APPEAL OF INFLECTION STANDARD David Hoefer stated the applicant provided an affidavit showing the property was posted five (5) days prior to this meeting. He said the Committee had jurisdiction to proceed. Mitch Haas, Staff, explained the applicant, Charlie Kaplan, requested a variance from the inflection standard. He said the inflection standard was intended to address the issue of new construction over-shadowing ordwarfing adjacent existing structures by not respecting or responding to the mass and scale of the propositions closest to the proposed building. Haas stated the Board must decide weather or not the proposed design more effectively addressed this issue than would a re-design meeting the standard. He commented that the applicant responded to the intent of the standard by respecting the architectural scale and integrity of the existing structure rather than following the literal standard. Haas said the idea behind the open recessed porch under the glass second story could be called negatively inflected space. He noted the proposed design would not read from the street as a two story wall but with transparency and reflectivity, the comer glass element should minimize the overall mass and impact on the proposed structure closest to the miner's cabin. Stafffelt this house would contribute to the eclectic nature of Aspen's residential neighborhoods. I ~ ~. DESIGN REVIEW ArPEALS COMMITTEE ~ " AUGUST 14. 1997 Bob Blaich asked what modifications were made since the worksessi6n. Kaplan explained that the design was more of a rectangle responding to the new building next door which has an extended facade along the length. He said some windows were moved and the primary response was to the adjacent house, He felt the second level would be transparent. Dave Johnston asked if the new house next door plans had been received. Steve Buettow said the owner of the new house was present with objections to the height on the model. Amy Margerum, adjacent property owner, said the angles and roof lines were not correct, Blaich asked if the mass would be less. Margerum stated the most striking differences were the angles on the model. Gilbert Sanchez said in the worksession the topic of the relationship with the front of the house and the property line was discussed. He asked if the relationship to the new house next door had been adjusted. Kaplan stated that it was setback 10' from the lot line. Bl.lettow asked what the set back was for the existing house. . Kaplan said it was another 6' back. Sanchez noted the principal mass was still the front element Blaich said there was a compensation of openness because of the porch with the glass facade. He felt the elements of design were quite successful. , Kaplan said the street wall was not an overbearing presence. Buettow asked if the reflective glass was a mirror glass. Kaplan replied that it would not be mirrored glass but reflective, with the ability see through it (to some extent). Buettow stated that mirrored glass is not translucent and forms a great mass. Kaplan answered that it would not be like office complex mirrored glass. He said they have not specified what materials would be used. Buettow explained that it made a big difference of what kind of glass would be used in this solution. Kaplan noted they have been successful creating this semi-transparent void. Buettow asked if it won't be mirrored but not transparent, but ifthe glass reflects clouds an trees it would be very close to mirror glass and will look like a cube, Buettow asked why this building should be built in the Aspen West-End. He commented that a box-like design could be built anywhere. Kaplan replied the west end has a fairly eclectic building fabric and this building added to that richness. He stated the glass responded to the various mountain views and the design was in response to the scale and context of the adjacent buildings., He maintained that the building responded to what Aspen was about. Buettow said they were trying to relate block fabrics and asked about the materials and colors 2 . /"""'\. DESIGN REVIEW h..'PEALS COMMITTEE ,-, AUGUST 14, 1997 for this building. He did not see this building relating strongly. Kaplan noted the base elements that wrap around the house would be a clapboard system, which responds to the west end. He said the horizontal siding with a stucco system and warm neutral colors. Kaplan said the street facing windows respond to the similarity of the neighborhood. Buettow stated there were not many large expanses of mirrored glass in the West End. Roger Moyer restated his view (from the previous worksession) was not particular to this type of architecture but found it interesting and could not prohibit it. He said the fake Victorian on Cooper looked like a neuvo-haunted house (amusing). He would hate to have a community that did not allow each extreme. Moyer voiced concerns about the mirrored glass, along with the type and color of the curtain wall system. Amidon commented that the Aspen Athletic Club building was quite beautiful with the glass appearing to have a floating roof without solid walls. Haas said that reflectivity (from his memo) was more transparent glass. Buettow pointed out that the Committee was at a stand-still. Kaplan stated the intent for the glass was as it appeared in the model presented (transparent glass). . PUBLIC COJ\1MENT: Amy Margerum, adjacent property owner, stated that it was a beautiful building but it looked like a commercial building. She said that after being present during the community design guideline meetings, she did not think that this is what the community intended. Margerum thought there were incentives for sloping roofs and front porches. She noted the front porch was to reinstate the relationship to the street and the feeling of neighborhood. Margerum said the process of meeting the design guidelines had been enlightening but was unsure if the process worked. . She stated that they will be part of the neighborhood and this house seemed unfriendly in a neighborhood. Blaich said more architecture like this was needed in the community because too many house try to look like the Aspen of25-100 years ago. He defended modem or contemporary architecture and would like to live in this house. Blaich questioned what would happen if this house was not built, what would be built on that lot. Haas explained that the code was written with enough flexibility to respect different styles of architecture. 3 1""', DESIGN REVIEW A. eEAltS COMMITTEE ('\, AUGUST 14, 1997 Moyer asked if the front porch of this house could have a life of it's own that would interact with the neighborhood. Kaplan answered the porch faced north, but was designed for that part of the house to be occupied. Moyer asked what material the floor ofthe porch would be and if it was elevated. Kaplan replied the porch was elevated 11/2' and (although not yet designed) the materials would be some type of stone paver. Blaich commented that north facing porches were not always utilized because oflack oflight, street presence and facing away from the mountain. Sanchez noted the inflection issue was to be considered with the relationship to the new building and the existing building. He felt there was a sympathetic relationship and was comfortable approving the issue at hand. Johnston agreed with Sanchez. Buettow did not see much inflection and felt this was a glass box next to a Victorian. Kaplan felt the scale was similar to the house next door and felt the glass would be transparent allowing light to filter through. He said this house responded to the code and was 10' back from the lot line when only a 5' set back was required. MOTION: Bob Blaich moved to approve the requested variance from Section 26.58.040(E), Inflection, for the structure proposed to be -built on Lot 2 of the Oxley Lot ,Split, finding the proposed design "more effectively addresses the issues" that the inflection standard responds to than would a redesign that meets the standard. Roger Moyer second. APPROVED 4-1. (Buettowagainst). Meeting adjourned at 5:00 p.m. kie Lothian, Deputy City Clerk 4 1'-'" ,-, AGENDA DESIGN REVIEW APPEALS COMMITTEE August 21, 1997 4:00 p.m. Thursday Special Meeting City Council Chambers, City Hall 4:00 I. Roll Call II. Minutes III. Comments (Committee, Staff and Public) 4:05 IV. New Business A. Lot Two, Oxley Lot Split (Unaddressed Lot on West Smuggler Street) - Aspen GK LLC - Appeal of inflection standard. 5:00 VI. Adjourn ./ > TO: FROM: THRU: RE: DATE: .,-.., ,-.., MEMORANDUM Design Review Appeal Committee (DRAC) Mitch Haas, City ~lanner 41t' ' Stan Clauson, Community Develop~nt Directo~/ Julie Ann Woods, Deputy Director , Lot Two, Oxley Lot Split (Unaddre sed Lot on West Smuggler Street), Appeal of "Inflection" Standard (26.58.040(E)) August 14, 1997 SUMMARY: Pursuant to Chapter 26.58, Residential Design Standards, Section 26.58.020(B), of the Aspen Municipal Code, "an applicant shall prepare an application for review and approval by staff. In order to proceed with additional land use reviews or obtain a Development Order, staff shall find the submitted development application consistent with the Residential Design Guidelines." This Section goes on to state that "if an application is found to be inconsistent with any item of the Residential Design Guidelines the applicant may either amend the application or appeal staff's findings to the Design Review Appeal Board [DRAC] pursuant to Chapter 26.22, Design Review Appeal Board. " The applicant is requesting a variance from the "Inflection" standard (described below) in order to allow the proposed design of a single-family dwelling at the vacant lot (Lot 2, Oxley Lot Split) next to 627 West Smuggler Street. The application is attached as Exhibit "A." APPLICANT: Aspen OK LLC, represented by Charlie M. Kaplan c/o Peter Gluck and . Partners. BACKGROUND: Community Development Department staff reviewed the application (attached as Exhibit A) to construct a residential unit on Lot 2 of the Oxley Lot Split for compliance with the "Residential Design Standards." Staff found that the proposal is not in compliance with the "Inflection" standard, Section 26,58.040(E), which reads as follows: If the street frontage of an adjacent structure is one (1) story in height for a distance of more than twelve (12) feet on the side facing a proposed building, then the adjacent portion of the proposed building must also be one (1) story in height for a distance of twelve (12) feet. , ,,,,,,,,",, """'"" It is the Planning Director's interpretation that this standard requires that, in those areas where the existing house is one (1) story, all adjacent portions of the proposed house must also be one (1) story for a distance of at least twelve (12) feet inward from that portion of the proposed structure closest to the shared lot line toward the opposite lot line. Before taking into account the design considerations, the standard under which the requested variance is sought must be pointed out. The applicant is seeking a variance from the "Residential Design Standards" pursuant to a finding by the DRAC that the proposed design "more effectively addresses the issue or problem the given standard or provision responds to." In staff's opinion, the "Inflection" standard is intended to respond to the issue of new construction overshadowing and dwarfing adjacent, existing structures by not respecting or responding to, through sensitive design, the mass and scale of the portions of the existing structure that are closest to the proposed building. In considering the variance request, the DRAC must decide whether or not the proposed design more effectively addresses this issue than would a redesign that meets the standard. The Proposal The applicant came before the DRAC on July 23, 1997 for a work session. In the work session, the proposed design of a new single family home was reviewed in order to familiarize the DRAC. with the applicant's proposed design, style, desires and goals, as well as for the applicant to obtain a degree of feedback with regard to the board's willingness to entertain a modernist design such as that proposed, Since the work session, the proposed design has been fine-tuned and slightly modified in response to comments from the board members and the proposed structure that would be located immediately to the west of the site, The proposed design still requires a variance from the "inflection" standard. The inflection standard calls for a one-story element on the side of the proposed structure adjacent to the existing' one-story building. The applicant explains that their design attempts to be sympathetic to the spirit and intent of the standard by respecting the architectural scale and integrity of the existing structure, rather than following the literal prescription of the standard's letter. This goal is evident in the proposed design of the new building. For instance, the new structure would contain a substantially recessed (14'), first floor porch located adjacent to the existing building, thereby providing what might be considered "negatively inflected space." The second story, above this porch, is a twelve (12) foot wide by nine (9) foot tall reflective glass box. The idea behind the open, recessed porch under a glass second story is to provide a modernist response, or equivalent if you will, to the miner cabin's porch roof. The proposed design would not read from the street as a two-story wall adjacent to a one-story house; instead, the transparency and reflectivity at the comer of the proposed glass element should minimize , f"""', r'\ the overall mass and impact of the portion of the proposed structure closest to the existing landmark house. In addition, the applicant has tried to minimize the perceived mass and scale of the proposed structure by keeping the overall height of the proposed structure under twenty-three (23) feet, and by breaking the street-facing facade into small modules that are scaled proportionally to the street facade of the miner's cabin. In staff s opinion, the proposed design is creative, architecturally interesting and would positively contribute to the eclectic nature of Aspen's residential neighborhoods. A redesign complying with the exact letter of the "inflection" standard would compromise and negatively impact the overall architectural integrity of the proposed structure, Furthermore, in staffs opinion, the proposed design promotes the spirit and intent of the standard. That is, the proposed design effectively addresses the concern of new construction overshadowing and dwarfing adjacent, existing structures. 1brough sensitive design, the proposal respects and responds to the mass and scale of those portions of the existing structure that are closest to the proposed building. Therefore, staff supports granting of the requested variance because the proposed design "more effictively addresses the issue or problem the given standard or provision responds to." RECOMMENDATION: Staff recommends that the DRAC approve the requested variance from Section 26.58.040(E), Inflection, for the structure proposed to be built on Lot 2 of the Oxley Lot Split, finding that the proposed design "more effectively addresses the issues" that the inflection standard responds to than would a redesign that meets the standard. ATTACHMENTS: Exhibit "A" - Submitted application package Aug-:-05-,?? 11: 19A 2_1~3_3 0144 ,_ Name: l"",,"M' APPI.ICANT: "Name: Address: p-*: REPRMeQ'ATwe: Name: Address: Pho~ #: P.14 CI9 lAND USeAPPucATION en: "Pp"'priate) '1 , TYPe OF AppUCA TlON: (pl_ c.hecl:: all tlI8.lapply): 0 COlIdiIilliloIlUse 0 eoa.aJ PUD 0 C""cepQml Hislic>ric DrM. 0 SjlcciaI Review 0 F"1DIl PVD (& PUD A.II1C11dment) " 0 fiuaJ HilIlDric DcvelQ)lll1ent E Desip Review Appeal 0- Com;CptuaJ SPA 0 Minor H"lStOric Devt. 0 GMQS~ 0 1iaa1 SF A (d: SF A Am.e1ldmmt) -0 Ri$loric o-olilion 0; GMQS ExIllllpCiolt 0 Subdivisioa 0 Historic Designidion 0 ESA - SQ40 Gn=iline, SlreaIn 0 Sllbdivisic>ta Excmprion (includes 0 Small Lodge Comersiolll Mazaia. HaUalIl Lab,BlIIff, coadllaIiIIiumizllion) - Expansion Molmllin View Plane 0 Lot Split 0 '!"1lIDJlOI'aIY Use 0 0dJer: Lot Li~.Adjustm_ 0 Te:x:IMap AJn~t - t'ff~. PRoPosAL: (desl:ription of proposed buil ' Have yau aUached the foflo\'lring? ' o ~Applicar.ioDCo.at"clca.:c S~r'....... /h;> J o A.......~;n1sipldFee.A.pemem , _ o RespoIise to A./flor.h","'l1t ff2, Dimen.;OJllII Requirements Foml o Response to Altaehm~ #3, Mi~ Slm..,;..,;nl'1 ContenfS o )l"V'..~ to A"""-G1IlfIJUt #4, ~" Sl~on Conrmrs o 1b~ 1n A""C~ #5, Review Sfalldards fur ~our Application .. (\. o CD 627 W. Smuggler- Lot 2 . Owner: Aspen GKLLC- 191 Waukeegan Rd.- Northfield, lllinois 60093 Architect: Peter 1. Gluck and Partners- 19 Union Sq. West- New York, NY 10003 Owner Representatives: Peter Gluck- Charles Kaplan On our site of 6,000 square feet, we propose to build a two story house of approximately 5,000 square feet with 3,240 square feet of FAR. The house will have a concrete basement slab,footings and walls, and interior bearing wall partitions and minor structure of 2"x- dimensionallumbet. Long spans will be achieved with steel, glu-Iams and or " manufactured lumber systems. Metal studs may be used for non bearing partitions. The project is adjacent to a one and one half story landmarked "miner's house" and therefore must comply with INFLECTION requirements. A one story element o~ the side adjacent to the landmark building is called for. Our design attempts to 1;>e sympathetic to the intent of the requirement (to respect the architectural scale and integrity of the building) rather than following the code's prescription literally. - We have thus created a deep one story porch adjacent to the existing building, in a sense providing a negative inflected space. The floor line of a reflective glass box 12' -9" wide on the second floor of our house provides eqnivalency to the miner house's porch roof. - Transparency and reflectivity at the corner of this glass element minimize its mass and impact. Further, we have-broken the street facade into small figural elemerits that are scaled proportionally to the street facade of the miner' house. Thus, the elevation is broken into appr.opriately scaled pieces no one of which nearly approaches the PRIMARY MASS allowable-of 70% of total volume. 0 To further respect the 1andmarked structure, in particular its height, we are proposing a bu!lding with a flat roof of a height approximately 23 feet. The HEIGHT RES1RICI'ION is 25 feet and more commouly with a pitched roof can be as high as 35 feet. A pitched roof building containing the allowable FAR with a 70% primary mass would certainly dwarf our 1andmarked neighbor, The required one story element might even increase the scale of the building since a large proportion of FAR would be forced onto the remainder of the site creating a seemingly larger building. We are providing a covered entry pQrch with horizontal street front entrance canopy that identifies the entry ORIENTATION. with principal first floor S1REET FRONT WINDOW eqnivalent to that of the 1andmarked house. Our GARAGE is at the REAR and is accessed form the alley behind the house; BUILD-TO LINES are not at issue since 75% of buildings on the street are not located within 2' -0" of a common set-back. Aug-05-97 11:14A 212 633 0144 .,-.... f- ... I) -' '0 , -+- , :-.-J ,-~ I--~ I ----.j . .,. -Ii .r"; (9., ~ '""" :' . , - -==~-_:--ct I I ..."" J'-G-!t I o '1...."TE<?'- e6~1"f 0 c.,Apt.A",e --r'"- I ! I II """eHT... b...L....... i L I DtJt ~-l! . ,I I -:f--- . , E:.HTI"-"f ",0i""-11" E.HTF-Y V KT"t e.LJ.I..e i l , I f--.-'-'--t _ I C'_____-..;..b 111 J ~ ,t 4~-o. .EJ1.:",?rl:'J,..p~.pt- P.LAH ~t.:;1:::': Y&'.. j'-O~ j---r o ( c::..UbS.'t ~u IT\!:. -- - _m. ----...-----t P.02 r L . ----i-- ] I Aug-05-97 11:15A 212 633 0144 ,~ I l>~ , " t" V i:l I , - I ,- I I I I 1-1 vI""", ~"" , I , 1:"-- I I Dt; I: I'rr~e:1-/ ,1 I lU I ,1' ,.-.. P,04 (9 010-- I l(\ . \) . ! :; I .; . \ , , --- -." i ! , ! plI-olIN'l ~TUl:l'" --~ ~ 4~'...o'- -~ , , ~e:.J:.,QHD...FLOo~ f'LA H_, .......-.... LJii.' 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I ii' II ~ ji!, I ! ~"!'1 ,~ ! ~ ! i II I ;, [ ! 1 I:! I~ I =-~tH~i H\JJj~,1 j.~jltJ~r- il1JjjiiflJli~!ltjJiiJ ". ~~~~~H~'~~ii~;~~;n1rl~ illill! iil! Ili ili'f i ":' ,......-~"l''"I' f ~ r ! I II j! ,', "j I ' i 1 ! ! I ",' -..... ",:,., I. .! !", _2~~~~~~t~~1~' ! ! I ! I ! ! ! I ! ! i II ' i i i ! ! I i I !'I I ""Z:C"i l~ I: I ; j! ! !,! I! '1.1 t l i," Ii jl t.,j I 321J U~ I i I ! l~~j I i~ I ! Id i ! j !~ !~iW iJi 'JdE liililljJi~jjlliiJi~ili~j(~jiljli~ff;Ji! ", ~. ,.,~ ~>>\) -- -.--' ------ ~>v ......--....-........._"...F_ \~ ':; \:.5" "'~ ~ J. ~ t. -r-~ "'- J.~~ .1"""., lANe USE ApPUCATION. ~ PRoJECT: . Name: I v' Location: '" to ..s (Indicate street address; lot 'Name: APPUCANT: Address: ~one #: REPR!SeNTATlve: Name: Address: Phone #: Type OF AP,PUCA nON: (please check all that apply): ~ Conditioilal Use 0 Con~aJ PUD 0 Conceptual Historic Devt. 0 . Special Review 0 Fmal PUD (& PUD ....mendment) 0 ~inaJ Historic Development ~ Design Review Appeal 0- CoocCptual SPA 0 Minor Historic Devt. 0 .GMQS Allotment -0 FmaJSPA(&SPAAm~ent) 0 Histo~c Demo!irion - . 0 GMQS ExemptioD 0 .subdivisioD 0 Historic Designation 0 ESA . 8040 Greenline, Stream 0 Subdlvisiol1 Exemption (iD.cludes 0 Small LOOge Conversion! Margin, H. II..... Lake Bluff, - condominiumi23lion) Expansion Mountaltl View Pbme 0 Lot Split 0 Temporary Use 0 Other: Lot Line,Adjustment 0 TexrlMap Amendment Exlsl1NG CONCIl10NS: (description of existing buildings, uses, previous approvals, '7, Co, ro.) -ht/ .5,jJIUI~J"'1 Pmr-{(( _ ItJ9 J I 1 1. PROPOSAL; (description of proposed bUildings, uses, modiiications, etc.) - - Have you attached the following? ' o P:re-Appli<;ation Conference Summary ...-. 4-P v' o Attachm~#l, Siped Fee Apem~ ... o Response to Attachment #2, Dimert-iolial. Requirements Form .0 Response to Attaehment #3, Minimum Submission Contents o RespOllSe to Attachment #4, Spccifi.(; subD:Ussion Contents o Response to AtnI"hment #5, Review Standards for Your Application : '" ... r-, .,-., To whom it may concern, August 4, 1997 TIris letter is to verify the intent to apply for, Design review approval with the Design Review Appeals Committee, and an accessory dwelling unit approval with the Aspen Planning and zoning commission. Listed below are the names of the applicants and their representatives 627 W. Smugg1er- Oxley Lot Split Lot 2 o ' Owner: Aspen GKLLC- 191 Waukeegan Rd.- Northfield, Illmois 60093 Architect: Peter 1. Gluck and Partners- 19 Union Sq. West- New York, NY 10003 Owner Representatives: Peter Gluck- Charles Kaplan ./: JUL-29-1997 15:36 FROM ASPEN/PITKIN COM DEV TO 9-12126330144-090 P.12 - ,.......,1 ASl'ENIPITKIN COMMVNlTYDEVELOPMENT'_~ Agreeutent for Payment of City of Aspen Development APPBftion Fees (please Print Clearly) CI1Y OF ASPEN (herei.llafter CITY) and ...AsPGA! 6-fC... 1/&. (hereinafter APPLICANT) AGREE AS FOLLOWS: I , 1. APPLICANT has submitted to CITY an application for I f..-l,. iZ<.s ;,1,<:>17" I Ce.. 5.J..v,:h~'J. (hereinafter, THE ~ROJEC1). I 2. APPLICANT undersumds and agrees that City of Aspen Onfulance 0.43 (Series of 1996) establishes a fee stlUcture for land use applications and the payment of all ing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or sco of the proposed project, it is not possible at this time to ascertain the full extent of the costs in: oIved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter penni.t I '1ional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification bvlthe CITY when they are necessazy as costs are incuzred. CI1Y agrees it will be benefited througbihe greater certainty of recovering its full costs to process APPLICANTS application. ~ ' 4. CITY and APPLICANT further agree that it is impracticable for. staff to complete processing or present sufficient information to the Planning Commission r City Council to enable the Planning Commission and/or City Council to make legally require findings for project approval, unless current billings are paid in full prior to decision. I. 5. Therefore, APPLICANT agrees that in consideration of the CITY's [E-ver ofits right to collect full fees prior to a detexmination of application completeness. APPLI shall pay an initial deposit in the amount of$ !1 '5'D which is for _ hours of Planni g staff time, and if actUal recorded costs exceed the initial deposit, APPLICANT shall payadditi nal monthly billings to CITY to reimburse the CITY for the processing of the application men1ion~ above, including post: approval. review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shaH be gJ!tds for suspension of processing. CITY OF ASPEN APPUCANT I ' ~ . i Signature: &~ 4r/ __ .....- - ...., ~d; 4~q~ Community Development Director PrintedNam~ ~r;;c,... t . r.;;c>/o,,", City of Aspen MailiDgAddress: Ye;flr Give-I? ~ J&-ri:.c<[' yo. ~J((., 1'1' tJhtd') : .<fc/a.n..- v/e.s (- NY, NY /ood. . , i 11M-J ~ ~ ~~1~ ('"", \::,::;,! '".:.' - \'-- , ~ ----- - \-- \..J rr:- ~ <..:i" ~ l' ,.' .. ...... WARRA..NTY DEED THIS DEED. made this 07 day of MAY 1997, between. JO~ C. OXLEY , OF ':roE cotn-":'Y OF TULSA, (j)~ GRM"'rOR., ~ 'rNfflfrP;.Il#i I, lJ\(i) GFJJITEE OK STATE: OF , ASPEN GK, LLC whose legal address is ~91 WhUl:EGAN ROAp NORTHFIELD, IL 60093 co:n::').', OF " S:-ATE OF XL W:~'!:SS~TH, :-oa: for and in consideration of the sum of ten dollars and o~her pood and valuable conside~a~ion, ~he,=e=eipt ana suf=icie~cv of whi=h is hereb~' acknowledged, the gran=o~ ~as gra~~ed, ba~gainedt sold and co:.:yeyed, a.no lr':r t.hese prese:.::.s q.oes f:'!'"ant, ba:.-gai:l, sell and cor::vey and C~~::~ ~~~c ~he g~antee, t~~ he~=s and assi~s :c~eYe=, a:l the real F:'":-pe=tj', topether \o:ith i~p=::verhents, if an)', s::.t:uc:~e and lying and being i:1 t~~~ :ounty 0: :r:Tl::l\, State' of co~o~o, ciesc:-=-nec as :0210\0,'5: L2T :, OXLEY ~aT :::-e=c~ded Nay 1.9, , S:PL:T SUSD:","rSIOI\,1 acccrding , , :?.94 in Pla:. Boo};:: 34 at Page do' 50. to the flat ~he:::-eof q, TOGETHER with all a~d sin;u~ar the he=e~itaments and appu~tenan=es :;.he:-~:.o belong!:i.ng , "c:!" in a::~'~;.:..se eppg~':a:':Jins, anc. ~::.e :-eve:-sior.. and =e~e~s.:.c~s, re~ainders, ~e~~s, ~ssues a~d prc=~~s ~hereo=, a~d all ~he es=ate. :-~;~t, t.:.~~e, .:..~=eres=, c:ait a~d dem~~= ~batsoever 0= ~he s=a~=c~ e~=be~ in :aw cr e~~i~y, C=, ~n la~d ~o ~be above ba~~a~nec pre~ises, ~~~~ t~e, hereei=amenis and appu:::-~e~ance5. \ ,., TO ~~'!: AIm TO, HO~ the sa~d Frew,ises, above ~argained and described, .,. " ~i~h ~he appurtenances, ~~:o the ~~an:~ef his heirs a~d aS5i~ns :crever. F_~C the Gra~:.cr, for himse1:; ~is h~irs and assigns, does covena~t, ~~a~t, barga~~, a~c agree to and ~~:.~! the'G~a~tee, r.~s he~~s a~c assigns, ~~~~ at :.he ~;.m!. "of :.he 'e::sea::':.ns ae:'i,ve:-y c: :.he prese::.s. he ;'5 ~'e;'l seize:::' c; ~he p:::-e:;;:.!.ses Lbove cO:'lveyec, has gooc, S\l~e, pe:.-:ect, absolute a:J.c ~~de~easible'esta~e' of i~~er~~ance, in law, in =ee simple, and has good _ _ :=....., fell power anc. la",,'.:ul a'.::.hor:.:y to sra:l::', ba.:.-gain, sell and convey :.~e s~me in mar_~er and =o~ a~'aforesaid, anc :.ha~ the same are =~ee . ~ - .! ... ~~~ ~_2c= =~crr all :c~~= a~c c:.he:::- ~rar.~s, ba~~a~ns, sa~es, liens, :.axes, assessmen~s, encumbrances L,d restric~ions of wha~everkind or na~ure soe-:er, except tho,se mat:.e~sfas set ibrth on Ex.."'::.bit "A" attached he:-eto anc>i~cc~ora~ed he~ein,~y re:e~ence. ':'he grar.tor shall 8.11J ,",':..11 WAARM":' ANIl FORETI!:R. DEFEND the abc"e bargained ::::-er..:.set ~.n -:.he qt:.:.e:. and peac~able posses!' ion 0: the srant:ee I h.:..s he..:..:::-s a~d ass~~s, aga~nst a:l and every person or pe~se-~ law~ully ~laiming the ""ho:'e' b:: any p.a::ot thereo~. 'The s:.n~..:.lar numbe:: s:-~all include ~:'e plural, ~h~'F:~~al the singular, and ~he ~sc c: eender .s~a:l be atpl~ca~:e ~o all ge:::d~,.""" p,l-,....:::) --r-: Jom"t:):. ox~t'"J.. , , S~'ATE Of' Ol<.\~~& COUNTY OF -r"Ioa.. T~~'fcTegoing instrument was acknowledged before me this :l.~'9""'l ,\b)' J01rn C. O'::FY ) 1/1 ) s~'. I~ day of {ll., ':1 q, C.(hM: ~~(J.. Notary Public , n~llt my band and official 'rr.i' jocmrnission e"M.:"'ires: "~"~:d\11918 seal .~ ' EXil:m "A" . 1. Taxes for the year 1997 not yet due or payable. 2. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page '215 AND 469 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". ~ 3. ':erms, conditions, provisions, obligations and all matters as set forth in Or~inance No. 57, Series of 1993 by CITY COUNCIL OF ASPEN recorded May 12, 1994 in Book 750 at Page 365. 4. Term~, conditions, obligations and all matters as set forth in Statement of Exception from the Full Subdivision Process recorded May 19, 1994 in Book 750 at Page 953. 5. Terms, conditions, provisions and obli9a~ions as set fcrth in Cu=b and Gutter Improvement Agreement recorded May 19, 1994 in Book 750 at l,),,' Page 958. 6. Easements, rights of way and all matters as disclosed on Plat of subject property recorded May 19, 1994 in Plat Book 34 at Fage 50. ""', '" c \ ,. ~ to ".) :~ """ ~ ./"""'\ r--. . ClTY'OF ASPEN \ " , .., PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Mitch Haas, 920-5Q95" DATE: 7/1/97 PROJECT: Kaplan Residence Conditional,Use for an ADU and Residential Design Standards Review ., , . OWNER: " <.,. : "::'.,.j!, ,', :.,'"",., Charlie Kaplan ofP~tef(}jtiCkAssociates, --- (212) 255-1876 19 Union Square West,N~wYork, NY 10003 Peter Gluck Associ.a1es(?) REPRESENTATIVE: TYPE OF APPLICATION: => .',.":":,,,.">,r:!'(<;:,:,,i Conditional Use Review anilResidential Design: Standards Review'--- probably DRAC (Design ReviewAppeal Commission), too. DESCRlPTION: Construction of a single-family residenc<;: with an ADU on a vacant iot located in the West End neighborhoOd (zoned R-6, Medium Density Residential). Applicable'Land Use Code Section(s) Section 26.28.040, Medium-Density Residential '(R:6) Zone District; Section 26.40.090, Accessory Dwelling Units; '" Section 26.60.040, Standards Applicable to All (;on4itional Uses; Section 26.58.040, Residential Design Standards; and, . , Chapter 26.44, Park D<;:velopment Impact Fees. Review by: / . ,''),' , City of Aspen Planning anq,Zoning.c:ommission, appeals of Residential Design Standards are reviewed by the Design Review Appeal Commission (DRAC). Yes, applicant must post prdperty' and mail notice at least 10 days prior to hearing for the conditional use review, or atIeast 15 days prior to the public hearing if any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency owns property within three hundred (300) feet of the property subject to the development application. Applicant will need to provide proof of posting andmailing with a affidavit at the public hearing. For the DRAC hearing, the applicant needs to post the property with a notice sign at least five (5) days before the scheduled hearing; these signs may be obtained from the Community Development Department offite; ascaO the previously referenced affidavit. Referral Agencies: Engineering, Parks, Housing,S~t,a:tibnDistrict, Fire Marshal, Water Department, and Zonin. . ,... , Planning Fees:' Ii" ,,;,Jeefor DRACapplication i~ $450 Referral Agency Fees: Engineering; Minor ($ n 0); Housing, Minor ($,70) -7...;f-' P. y, Total Deposit: $1260.00 (additional hOUrs,~e'billt;l4at a rate of$180/hour); if a DRAC application is desired, an additional $450'fee,Willb,erequired. Public Hearing: -) ? (j)J.\iS ~\~.;:.~ .JR", - ~d ))(~~'j' (] w, ~ : ;', ,"""'" .~o- .~ iTo apply, submit the following information: . , /) -~: ~~:~::~:~:~::~lll. lJo, -i .", '.' 3. . Applicant's name, address and telephone numbefrn'~ letter signed by the applicant which states the name, address and telephone number of the representative,llutho,ized to act on 'behalf of the applicant. 4. Street address and legal description of the parcel on.which development is proposed to occur, consisting of a current certificate from a title insurance company;or"attomey licensed to practice in the State of Colorado, - listing the names of all o.!Yllers of :the propertY/and. all mortgages, judgments, liens, easements, contracts and , ~- ....~,..,..,'...-,.,;.... agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ' . , j r/ "-y.I:; - t~- -p-.>,.... r [5. Total deposit forrevie.w of the application.?, , ' 4:"JI, v - 1.- &IS - ilAf-, · -;. 6. -1!L Copies ofihe complete application pa~ketandmaps.....B.- copies ofDRAC submittal package, ~ HPC = 12; PZ = 10; GMC = PZ+5;CC,= 7; Referral Agencies = Ilea.; Plannjng Staff = 2 7. An S 12" by 11" vicinity map locating the parc~l Within the City of Aspen. ~ r./III f$y. tS. Site improvement survey including topography, and vegetation showing the curr~n!J!irtUs, including all, l> '7 easements and~$~~' of the parcel certified by a regi~tered land surveyor, !icensed in the state of Colorado. (This reqUIrement, or any part thereof, may be waived by the Commumty Development IJepartment if the project is determined not to warrant a survey document.) , ~ f'9.\A written description of the proposal and a11.e~plll;~~ti~nin writt,en, graphi~!_?r model form describinl; how ?Vthe proposed development complies with each of the review standard~ relevant tgtb,e development '.A t ,. ",",'0 (." V ,'.... .' ", ......_!'_. , application. Please include and clearly indicate ,exIsting conditions as well as proposed. ' "<." . ..n, \\."" . Copies of prior approvals. " ., '.. ' I A written de.scription.of roposed constructionii~shiUq~e~ to ~ ~ed. -->> j~, 2. or Residenti Proposals COrd. 30): ". " ",. ' ' , - a) Neighborhood block plan at 1 "=50' (available froin City Engineering Department) Graphically show' the front portions of all existing buildings on both sides of the block and their setback from the street in feet. Identify parking and front entry for each building and locate any accessory dwelling units along the alley. Indicate whether any portions of the houses immediately adjacent to the subject parcel are one story (only one living level). . b) Site plan at 1" = 10'. Show ground floors of all buildings on the subject parcel, as proposed, and footprints of adjacent buildings for a distance ofl 00 'from the side property lines. Show topography of the subject site with 2' contours. c) All building elevations at 1/8" = I' -0. d) , Floor plans, roof plan, and elevations as needed to' verify that the project meets or does not meet the "Primary Mass" standard. . , ~-e) Phot~~aphic panor~a. Show elevationsofall.blfildings on both sides o~the block, including present __ condItIon of the subject property. Label photos-and mount on a presentatIOn board. ....,. 13. List of adjacent property owners within 300' .for public: hearing. 14. Copiesofpriorapprovals . ' ':.::',' . 15. All other materials-required pursuant to theR~sidential Design Review and Conditional Use Review <...,', ,'I submit!al requirements packets. "Wi~ --? (Also see Section 26.52.030, Application and Fees) -"'=--..... ,"." Summary: The application for conditional use review for an ADU' is heard by the Plafming and Zoning Commission, who also has authority to grant waivers from the Residential Design Standards. If you would rather go before the DRAC to obtain a waiver(s) from one or more of the ~esidential Design Standards, youwilI be required to . ,....., , C).ih,(). I .' -.lZ ...... '" . '('If;". J}P}-.-? .';..."":' ~ submit an additional application package as well as an additional fee of $450. If the DRAC does not grant the requested waiver(s), you will not be permitted tore<lue~t.thesame waiver from the P&Z Commission. In other words, you get only one chance at obtaining the ~aivei(s)/variance(s), . ;.' ,; ,,, I am not yet sure"ifwe will be able to get the DRAC'tocimvene for a worksession on the 24th or 25th of July. If we cannot arrange a worksession on one of these cIates~' there next regularly scheduled meeting would be on the 14th of August. If I have any success in conveningfue board in July, I will let you know. Either way, I'll keep you posted. '., ,# . I want to be a frank and up front with you as I can,. so J am offering you' the following opinion/advice, The preliminary design that you are proposing WILL be controversial, This will not be an easy one to sell to the Boards or the neighbors. I would not consider asking you to compromise you creative impulses or your ,architectural/professional integrity; however,Ido wantto.caution you that the process may drag on for a longer time period than might be hoped for. After reviewing the I~ Houses book, I would suggest (merely suggest). that you consider a design JIlore along the lilies of the "Three Gable House," the "manor house With Music" (but smaller) or the "Two Sided House" in an effort to harness your creativity in a way that might better appease the neighborhood --- the object being to desiglJ. a liouse tl1at, from the street, blends better with the surrounding structures. If you fully disagree or feel that these. cOll}lli.,e!lt~ are out of line, I would understand but I would feel that I am not being completely honest if I did nqf inal<:e these comments a~ early into the process as possible.. ;,:.,.,<.;'.;.0".....1,'.:' In the event that you should have any questionsr.egarqing, the foregoing, please do not hesitate to contact Mitch ",,_," ..,1'0;""" Haas of the Community Development Departmell(at(~79) 920-5095. ' " d" " , * 'The foregoing sununary is advisory only and is not binding on the City. The opinions contained herein are' based on current zoning and regulations, which .are subject to change in the future, and upon factual _ representations that mayor may not be accurate. The summary does not, in any way, create a legal or vested, right. - 1):.,,(/ .' :--f . '. ...;....;..-~-" ~. :/,).w( ^~". ~~i'lz. hi i ~ ;" ,f '. , .:., . . 'Ii &)'''0' ~.'~;.,,; ~r.',fr~;- , ~ ,. ... '-ti "i .... ) r - ~ 1""'\. ~ ,. ..~.,~.,;,-~._, ...' '''w.' .. .....,.......;jS .' '.-. __ ' d)' .. " , . , , - , ~ t 370195 8-750 SILVIA DAVIS P-953 05/19/94 10:54A PG 1 OF 5 P lTK I N CO'JNTY CLERK ~ I'<ECORDER REC 25.00 B'tATJliA..n O"P' ~Olf FROM FULL SUBDIVISION PROCESS AND SUBDIVISION AGREEMENT FOR THE OXLEY LOT SPLIT WHEREAS, JOHN C. OXLEY (the "Applicant") is the c...ner of a p~rcel of land located in Pitkin county, Colorado (the "property"), more particularly described as: The east-half (1/2) of Lot B, and all of Lots C, 0, E and F, Block 21, city and Townsite of Aspen, county of Pitkin, State of Colorado,~ with the Pro~~rty street address of 627 West Smuggler, Aspen, Colorado 81611; and WHEREAS, Applicant has requested an exemption from the definition of subdivision !or the Property at the above-described location, pursuant to Section 24-7-1003.A.2. of the Aspen Municipal C~de; and WHEREAS, the Planning Office has determined that such exemption is appropri~te; and WHEREAS, the city Council has found the propose~ divisiQn of l.nd to be outside the intents and purposes of the sUbdivision r~9u1ations for the City of Aspen and, on Nov'!mber 22, 199:1,' approved the Applicant's request for exemption f.rom the definition of subdivision, pursuant to Ordinance '0. 57 (series of 1993); and WHEREAS, a Subdivision Exemption Agreement is required between ~h~ Applicant ~nd the City of ~spen binding the Applicant and Property co all conditions placed upon the approvals for the subdivision as set forth in 524-7-1005 of the Municipal Code of th~ City of Aspen; ~nd WHEREAS, the City i~ willing to approve and execute this Agreement and the corresponding subdivision lot-split plat for the p~bject property in exchange for Applicant's promises and perfo4mance adhering to the terms and conditions contained herein and those other applicable ordinances and regUlations as contained in th~ Municipal Code. NOH, THEREFORE, the City Council of the City of Aspen does hereby determine that the proposed division of the above- d_~ibe4 ~.ert-.f is c:A1:tside t:he in'""...e:a'"..s a..-.d. P=....se:s of the City of Aspen's subdivision regulations, and does, for such reason, grant an ex~ticnfra.m the definition of ~~ivision for SIZd&~.. :i:= o:=:si~iea c:'f ~ ~..~l v_'.~~...s ~..:ai:Jed herein\~,l;d the approval, e!Cecution;' and acceptance of the plat for record~~ion by the city of Aspen, it is agreed as follows: 1. The encroaching fences in the alley of Block 21 and on the Smuggler Street right-of-way shall be removed at the time of DOC ," ; ~ ~. . , I - ~ - ~ . :'., by " ~ , . ~ - - .s , ~~ ~ ~.~l ,_ 1., ."...., . ,I~~J;'''''': It ". " ~.... 'w'....~' ...... ~ . ~ ". ~,. A ", ~ . ...... '.400.~' . '-r," 37.)1 9:5 B-750 P-954 05/19/94 10:54A PG 2 OF 5 issuance ot a building permit for construction of ~ residence on ~i~her of the two (2) lots. 2. The Applicant shall record with the Pitkin county Clerk and Recorder contemporaneously herewith ~ Subdivision Lot-Split Plat to be reviewed and approved by th& Planning Office and Engineering Department. 3. Applicant shall record w~th the Pitkin Count~ Clerk and Recorder contemporaneously herewith, that certain Curb and Gutter Improvement Agreement between the Applicant and the City of Aspen dated /'1/9 b /01 _ , 1594, a copy of which is attached hereto as Exh bit A. 4. The Property shall meet storm run~off requirements of S24-7-1004.C.4.f at the time of development. 5. Any work in the pUblic right-ot-way, inclUding landscaping, shall be pursuant to appropriate permits obtained Applic~nt trom the City Streets Department.- 6. The Applic~t shall mc~t the following affordable housing requirements:' Lo~ 1 1s subject to the provision of an on-site Accessory Dwelling Unit, the payment of an affordable housing impact fee, or the deed restriction of the new residence to residence occupancy guide!ines, all as provided in Section 8-104.A.l.c of the Aspen Land Use Regulations .- (b) Lot 2 is required to build an Accessory Dwelling Unit (ADU) at the time of construction in accordance with the provisions of section 7-1003.~.2.b. (a) 7. The Applicant shall comply with all material representatives made by the Applicant in the application and during pUblic meetings with the City Council unless otherwise amended in this Agreement. 8. The provisions of this Agreement shall run with and constitute a burden on the Property and st.~11 be binding on and inure to the benefit of Applicant and Applicant's successors and assigns and to the City, its successors and assigns. 9. This Agreement may be altered or amended only by written instrument executed by all parties he::eto with the salH formality as this Agreement is executed. 10. If any provision of this A~eement ~s determinEd to ~e invalid, such invalidity shall not affect the remaining provisions hereof. 2 - - 0;- -;-: >~~~ " , . .' " " ',,:, ".1 ',. ~.".'. r i . .;;: , ., ;;~ " .':\"...., '.'.,:. ~';"~"" . :z""':. l!"'~ _' t , oj "" ~ ,I' ~i ' " - .' " .,. :,:.1;':';"'1, \ J', ...._;. 1"-, J7019:.i B-750 P-955 03/19/94 10154A PG 3 OF 5 last This Agreement shall become effective upon the date of the signature set forth below. . ~l-...O 'f..~ -.ro~~ c. Oxley L- 7. The Hono ble John S. Bennett, Mayor of th~ City of Aspen - ?~ APPROVED: . -~~/ -' , I"t~ JOhnyorc sCr, City Attorney STATE' OF Cot-aef>()O COUNTY OF f'lr'<:II)' ) ) sl;. ) . The foregoing was acknowledged and signed before me this 'In- dey of 0ncz.-<.f- , ,1994, by John C. Oxley. o .(.:\O:~ witness my hand and official seal. :>> ......Y:'., My ..:ommission expires: ,J(l/Jt...Ua.-v1 I ~ /7 fI-: ' 'f".. '..,' \;:,~.. &1' (j d~ :_,! (. '.. ;;.'~IIl~ 2a.. ~,"/' /p /~,~':' ~i"",."" ':.'; /' ~ C-t4 /' a..(U<'" d,,-,,"... ! . .~ '~'. .,',flf Nota _ Pubhc ':" ,;.:,,~..~<~.; .....:'....~.,:. .~.. . STATE OF COLORADO ) ) ss. ) COUNTY OF PITKIN the The foregoing was day of City of Aspen" ~l,d acknowledged and , 1994, by l{Qtl~1:}n S. KSGJR, signed before me this John S. Bennett, Mayor of .'Il.spaA e';'t1' Cl'-l:J[..-- ,'1))j} ....\' Jo~ .; My eommloalon exp/ros 9127196, /~ ".:: I ...1 Witness my hand and official seal. My commission expires: ~ ~-- . . ,", . ,,!!, ~ ) ( !<1.i - .,::- '0' o6L ~ J~ 12983.1 3 > " . . ;t.:. ..:,. , .. , , , j , , t: t.. ~ ,. Ie .. '~! 'fr r ' ~ . '; i. . :1 ~" . " jJ. .f:. - p .~ . " " "'. ~,1tl-ett I"', . };.. :1~'1!;li{ "..r. ~\l..a"ft!'~' . 'I~. ""(;J.17...... _H_ ~. ."'ftt~ "~' ~~... "~.~'~..1\.: 10, ,~~ "f~~...~ "" '" . lJ.~ . . '. I ....:\~ ~ ...r, _.'IC '. . ' (J:fii\ \~;~~,i7 370196 8-750 SILYIA DAVIS P-958 05/19/94 10:~5A PG 1 ~ : PITKIN COUNTY CLERf~ ~, RECORDER REC 1(>.00 DOC CURB AND GUTTER IMPROVEMENT AGREEMENT BETWEEN THE CITY OF ASPEN AND JOHN C. OXLEY ~ , . . . " : . WHEREAS, J~hn c. oxley is the owner of the real property described as the Eas~ one-half (1(2) of Lot B and all of Lots C, 0, E and F, Block 21, city and Townsite of Aspen, and located at 627 West Smuggler, Aspan, ColoT.'lIdo, (hereinafter "Owner"); -and WHEREAS, Owner's property is within a zone district or other area as designated on t:,e City of Aspen adopted sidewalk, curb and gutter plan requiring construction ol curb, gutter ~nd sidewalk prior to issuan~g of a certificate of Occupancy 0., in lieu thereof, .an agreement for future construction pursuant to section 19-100 of the Municipal Code; and WHEREAS, at this time, the City ~ngineer deems the construction of curb and gutter on public right-Of-way adjacent to Owner's property wi thin threEl (3) y,ears infeasible due to existing improvements or conditions. NOW, THEREFORE, the partieo agree as follows: , , . " .~ " ~ ~~ . e " t 1. _Owner agrees' to construct curb and gutter along tlle frontage of Owner's property (approximately 135 feet) at such time as the city of Aspen deems-construction necessary and feasible. - It ii; acknowledged by all parties that the present requirement is for a two foot (2') wide gutter with a rolled curb meeting city specifications. ~ ~":1J '~ ~ . . . ! 2. In the alternative, at the city's option, the city may construct the-above improvements and Owner shall r~imburse the Ci ty fOl' all rea,sonable costs of such construction. I Roimbursement shall be made to the city within ninety (90) days alter receipt of invoice. i " ; ,. , ; 3. This Agreement shall be benefit of the hairs, assigns and parties hereto. Entered into this '9 7>' day of binding <:nd shall ill'Jre to the successors in title of the /L).!) '/ I 1994. ,c.;;;.l ,-0 _'-I- '- J~ n.J. exlol:' - --:.. 1186u.l , - " Nt.'...~ .,. I.... _.. , ~ 'IN''''''' ~.....,.. ~~~~ ~ , ~\....". . f .~ . '..,.t;."'~~4 ,~,. '. C '. ~~ 1;$.1:J. ~ :.:~~:;i'fl~" ..~~~::~ ... ' ~ STATE OF COtte,sorJ ) I ) ss. COUNTY OF /-'//'I-(I.I.J ) j I.'''' 'h.~ '. This instrument ~as 0na"'...- , 1.994, () Witness my hand and acknowledged before me this ~~~ day of by John C. Oxley. . :,\'i lJ,,' , " official seal. . My commission expires: .:.... ,..,'"'.. ' . : - I ,() f/ . . ni/';/'iJt~[.{ ,~.. .0'););' . ,";(., ,).V'()'" :, . ~ ..<....... ...:. ......:.... ~ > .... . .~ \.~:. . -... . -~.-.. ~~ "'..,. f,. S I ~l :\ ':-/ "'"'r; . ...... CITY OF ASPEN, COLORADO, a Munieipal corporation By: r;-. (f~ . )MaYOr) Attest: ~7 ~j ~ (C~ty ClerKI 'J '. .. ~ ~ ~ & t , , I 1~ W-~ 370196 B-750 P-959 05/19/94 10:55A PG 2 OF 2 :- 12080.1 2 " ';' :: ,;';~,: ~.. ";~' " . t",.. Aug-05-97 11:14A 212 633 0144 P.01 ;1,735-)), <.j - ON /3fr 'l-/u...o1 Lj LaCOO ;;,f 15cJOTransmfttal Peter L. Gluck and Partners, Architects ,~ 19 Union Squa", West N<lw Yolk. NY 10003 212.255.1.876 Telephone 212,633.0144 Fax Re: )/6-5 I('~ U-y j "''4AEJlI!.Ilt<LfD'111 Job NumiJer=---b):} ~.~ <S->Iv'iti U;r<-- ~A-IPE~ {..,MMh-/'-r1 }JBJrr Ofhf""lJale: IB/S)~1- Fax Number: 1 )." _=J~::o..=.?'I ?1..., Altn: A~f .AM'D..{ ),{ Itt.iJ-.~M< NumborofsheetslnelUdlngtransmlUa" \::r_ We transmit herewith: ~ Orawings , o Specifications o Product Lltelalure o Other, specifY: o samples D Shop Drawil1lls o Chal1lle Order lIla: jii1 Fax , o Mail o Messenger D Federel Express o 8<pmss Mail For your: o App"",a' o Review .& Comment %' Distribution o Record o Infonnatioo & use No. of copies lJaIe Dascriptian _._~:r4--. ~~J-:l:L..--,.- ~o.:?J ;t1.,r~)] Hrll. (ifU 11?", /",h~JC .f",/JrJ '''' -{/",$ 7"'(./'-'1 /Jr?: [/.<.:'" PI"o<;, flu'&:,fl"",f f!"f P!,,, V"',,.,') rl~" PI"G/l- Pl.... (~r of -It> $<<10, Silt 71", (s;,OW'j "~VF ~r-h.- 0,,11), An) 'i,'UI" n</<>'Id ......J:E...___,~,'~l.1()~f)S~ /"_ k)~'I'r rrhf"" I ii-I 0~ltr<l,--hM !-u;.t-",ve:h '[h, !VII p"itd i~ b",,) <Sf"-/- t,rl._.tl!, If") ((u,'1I ..H,.,.\.'fA~<v rAv'1' w,J/' VU <L~~ i ru" ".Xdi~, ~,ir. pi." tJlU hI 1~' y 3~" 0,) !f'i:L4__!tf.1N;--.-d"---!Lj-1 :J.. ('~ II'";?,, (Of" ( ,I tod" 4.ft#.('jJ,d, -I, .v,{i tr~_ rt1O'lb~''') J/jtL_l:h./ v ___...l&&d'- Ih',/ Copies to: , r. '1 -n,,,~?-S un!. n'l1.kSOfltby: (<d.-~.r;",",S "'M'(~"~r, c-ft- c@d." ,p'~wv' Aug-OS-97 11:19A ,",," "" y..... . ". ///. Yo 7: ->...... "I .::-............" ' ::- '. ..,,>....,r",.. './//.. '~ 1/,..1,., ~:~.: ~;:'~,~ ~ ~~~~~~~'::', ~:,. ."'........... "-.':'-.."\".:-". r-f.,. ~""'~'''''''..'i~ ."", --(-/'//-f' t?" ':'. .: '"::~..~ "~: '::,~ ~i~~>:-:'~.:" tI~.,:; ,,\ It '4 "l'~ if~~ ~~~$ ~ I ~~. I;. ~~~~~. ~ ~ ~o ;:e"'..rf I :I! [/)i5s~ '~ { .. loQ:l,.<<. . -\ . I ~ rr sa~:dE { 1.... <g~ f\ ~ ' m ON I> ~ ~ ~ ;; :;1 J . ~ ~ ~i.l~t~ ~ P.lS .(IY 212 633 0144 __ un Mo::lrc.I~"''''Il'\ll~ ....1,.lI. lJII-V IV;;J .J.~..L~Q...1<..JIU.L""'" 1fJ;7II:J r....~ .1/"""1 ~r {. . 1 ttx:JN COMMVNITY DEVELOPMENT D€P TMENT 0'1fu. PriDt CInrIy) IUIfl.er CITY) and .Aspg ^ I 6t;.- l!l/. n AGREE AS FOLLOWS: I '" I S1lbm~ 10 CITY m application for I ::: ~ [...{.mJl.h_. (hmillafter. THEtROJECT). o ' . I !<<sraDds and asn:cs that City of Aspea OtdUlance o. 43 (Series of 1996) ia for land use applic:ations and tbc payI!ll:IIl: of all . tees is a '" .r.,.. ,,;..8tion of application completeness. CITY agNe th.all:lec:;wse af!be sa. ~ or oftbe proplSCd I this tin:Ie to ascerlaiD the full extent of the com j oIved in prooessine .NT and CITY furtI.1a agree that ilu in !be iDteres fdle parties to alJow ment of aniDitial deposit and to tbcteaiter pemJit ~ costs to Ix: l mo.lIlhIy btiis. . APPLICANT ~ he. will be b6mted by rctaici.ng oil1ma1a: adclitiooal paymentS upon DOlification ~the CITY when ,tbl:y 1CIlI1'Cd. CITY agrees it will be IlaIefiTed through ~e gre&rel: cc:rllIinty of ll'O~eB$ APPUCANTS lIppliQdion; =t. . . ~ fuI1ber agr=e 1flat ~t is impracticable for staff to complete i= ~n to the p.J....m"IC Comm;~on City Council to .. IssiOl1l11ld'or City Council to lIllIIce legally . nnr!;,,8S for project I iDgs 1ft psid in twl prior to decisiOll. i. . __~.............t:'J.ALANT~lhalin~onsider.alion .. (lithe CITY~'s 'verO{ilSrigluto oollc:ct ftdl fees prior to a ~natiOll of application ~. APPLI sbaII pay llII initial deposR in l!le amount ofS . which is for _ hollZ'll of PI . stldftiJl1e. 8Illi if a.:tUal ~ COllIS exceed die UJitiaI dsposit, APPUCANT sball pay additi moutbiy biIlin&S to CITY 10 ......honc We CITY for the proc:essiDg of the application ml:lltio~ above. including post appro:wl.rev.icw. Svd1 periodic paymentS sbaIl be made within 30 days of the billins dare. APPLICANT further agIeeS tbat fililure to pay such acc:rucd costS sball be r for suspension ofproccssing. CITY OF ASPEN . APPUCANT ' Com~rJlm;cyDeve.lopmeutDirector PrlntedName: ..""""I'. &>1,,,, CityofAspcn M8iIiIIgAddras: 7t.'fl.- ~/u't:.k:. I.: g~r' y.. t.,Ja"l /1 rJh1tn !'~''':i'''_ -J...w . NY. AlY , lood. . . i 1 '?,l.",.J' AU~-.'!5'fi--??__l1:~'!A 213~~,~, O~4~.. --.. _~ i i ,. ofPiWD } . } .. State orc..... J .. ~ -_~_~~~~~~~ v~~ r~~ ....J,.~ P.16 Q9 AFFIJ)A VIr OF TO ASPEN SEcrION OTICE P1JRSUAN'r USE REGULATION (E) I . . I' I, (' Jt~ '/J.r - /1. ~o:f" f being or represelItinc an Applic:aftt to tile City of Aspen. pel'SODlIlly certify that 1 bave complied i"itb the public lIotice requirClDeDU pursnant'to SecIi0ll26.s2.060 (E) of the Aspen Land UselRegulaliODS in the following '11)~ j I . - .. 1. By mailing of notice. a copy of wlJicl1 is aaacltcd bereco, by ~-class. postage pn:paid I US....,... -..-.... ...........1.......- prvpgt)', as iDdi~d 0lI1he ";hed list, onlbe _ day ot , 199_ (wbicl1 is.....:. ' days prior to the public hearillg date of I. I I ! , I .'- - - -,- '"" l ~-.........,us place on the subject PJ'OtjenY (as it could be seen d that the said sign was posJd and visible ~onrilluously .' t,' ~ . 1991:: (Must be posted for aE least ten (H)) fuJ) ': I" A photograph of the posted sign is aJtaChcd lIemro. l - - -' i ~~L A~ Signamte --r Sj~~m.eth~ ~. ~ ~, I .199lby . I I ; , , WITNESS. ~~_ANDWMS:EAL My COIDI:lIIIS1OXI e~: I Notary Pulllic " ~~ ~M, , , NoUly Pu.bli<:~P.azuI\'l . !: . AMx;;r! 11 f::-Uer<.. .