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Home My WebLink AboutLand Use Case.54 Shady Ln.0040.2017.ASLU0040.2017.ASLU 54 SHADY LN ADMINISTRATIVE DETERMINATION ~ 273707200026 Scan/l,4 1 L j '711 \ 0040.2017.ASLU 54 SHADY LN ADMINISTRATIVE DETERMINATION 273707200026 L_ ..&.=. .. .. ...... .. - 0 e ...................~%4..,. *.:...w.,*/.,AÂ»..I,/-./. 4 1... // \\ 4 / 1 / 4 \ X. -~"0Â¥~A.ki.,*â€ž*~*~26*- 449'<Wly,0.""â€¢Vl#1~ '40**heÂ·,~ i'f'yÂ· 'iâ€¢~89,Â· k ~,W-A~4-1VW,ilfi:e -4,~Am,~Â»â€¢,r,=WR4Â®)4*i,rWL~w@#1'1'k~%5:â€¢'J~,0%4'i,rÂ·"e-ie,#M*+0*1,/Â«,24~â€¢i~-4.~weaÂ°*7N,m':%0,Â»AM#,a~*6%1~#~42~~AW>~b~afet*'.r*1,*,vh**,0W41~WWIKWÂ¢~,xm~;:4'lÂ·'Â·~~*:ti",'~ >" '- - - --~~~- MECTAN ICAL '' ~ i , I '.Â·. , X. i / Erfw 2=T 9 4 RECEIVED ~~ 1 :/ X 1 /. 1--7-1 \K \ I I \ 1 \ // k L // 475.93 sq ft Â«r' 1,978.7.8 sq ft: /< 4 t.*M~~.. #F 1 ./ y 2 '11\ .<ft>f MAY 1 0 2017 DAVIDJOHNSTON ECTION '/ CRAWL SPACE, --=A-& 1 \ \ .1 wi CITY OF ASPEN ARCHITECTSpc x/ I 3. 1 4 .' 1 4 7 X /31/ / 1 X \>< , ,/ 119 South Spring St. ). 1 1 LAUNDRY COMMJNITY DEVELOPMENT 4 Suite 203 f / Aspen, CO 81611 , 7,7 - #!9'WN!"L'*,g.11'Wed,W.44...4-moi"m..wev...~mgkvw,m4.......4*,eN,Â©9,~m*es,4,nt#a,:mwA,wi,Mmmulww,-0...wiem E, TEL 970-925-3444 1 / 4. I N./ 1 1 I FAX 970-920-2186 5<15~ 5,"4-1 f)<hk-li,SZZ#4--f:02.2<)':A-:,:ijf >>42% i~Fff-~~~~lf- -~~~/~1-1 A WI.&#.6=-5.-â€ž0-6.~n'.4~L.~Wr,~ =J#â€¢'mNM##.Mkll?*4**4*-**0~.W.,#.4~thA'k~J~1~4~i,/~8*Â·~,NW#W#1;WrqM*r'w-*,4r/**#.-Im;-m~~ihÂ»â€¢ Al,+wr-*N.M.-U*AÂ·,nw/~irn,-**I-..*-*#,I (7 BASEMENT AREA FLOOR PLAN PROPOSED ~ SCALE: 1/8" = 1'-0" 0 4' 8' 16' 1 All ideas, designs, arrangements and plans indicated or represented by this drawing ore owned by end M the property of David johnston 'JA Architects, PC and developed for use and in m conjunction with thespecifiedproject. None of theideas, designs, arrangementsorplans shall be used by or disclosed for any purpose ' whatsoever without the written authorization of David Johnston Architects, PC. - 1 EDGEOF ROOF OVERHANG ABOVE -1 EDGE OF MAIN FLOOR OVERHANG ABOVE -1 DECK 6 B s ; 1.,5479 31Â·ift .CK 5 - 1- ,1 Im2&Â£=,1,~11 '3 --" . ..m- 1 ,> : , /1 > 1. . I / L \ i , \ ... X 11% r \ \ DECK'l Â· j / 460.53 sci ft \ Suil # - , t.'/... W . U / \\ 8 3.tif\\ 1 '1>~~~~ Â·:< ~ ~><~;10 ' *2,433.53 sg fth/ 1 \/1 V: .- \ 51 \ ly I - 1 A' . ENKENWC , .1 1 2/,2 ./ 0.< A + 1 J .F "2 14, 14/1 1 1~ . I / I ./ -1 Ful' I .. . . I. %:... . /1 I / 2\%... //24 .--.1--Jl\ / . ' A x \.-w . - , \Ei 4 / ,. â€ž13.1 .,,.i-Jc. ., - v i r,t - -- ./ X >~El ULD:.<A- : . 1 I _ i. b<Â» 8 2 '. 1 N ~ \/ \ L.- ....1--=M, 41...4~'... ..1=:.(~U'.0'.41'W--'. . fr-- Â· Â· i -Â·-"'Â·~~~Â·"Â·Â·'"-F'- r V. M -- /11/ 1 14..% 'r~~ f~V/>/ -14 X X./2 -~-~~-8RM.m=.- x.>: >/ - ' 4.~ XXX ./. \/ > I ir '>Cl' ./ ./ " c.~ S ~~2~ / I I .7. Pool I i EDGE OF ELEVATED DRIVE ABOVE -1 // .#."NIAPP,~.4.. p.."71 "M'.1.1 ..0,41~'~ 1 \Kf / /. 1 ~1 9 1 ==========1 F --,-- ----========1 -4~---ri;i~~ ~lf-------------- ~~.,~.jii;*jii.~~.J~~E i 11 -11- i 0 111 11 '# 11 11 1 1 EDGE OF ROOF OVERHANG ABOVE -I EDGEOFMAIN FLOOR OVERHANG ABOVE -|~ ' 11 11 111 1 11 11 11 11 11 11 1 11 11 11 11 11 1 11 11 0 m 4 - 44 41 14 EDGE OF ELEVATED AUTO COURT ABOVE -~ Â© LOWER LEVEL AREA PLAN PROPOSED SCALE: 1/8" = 1'-0" 0 4' 8' 16' 1 SPA BELOW 1 ON GRADE PATIO BELOW I 1 1 1 1 -T' F EX?Il P . 6 6 8 66 54 ft~tl '' , . 0 irt . Liff#.bE:2 14:i ./ - 11 f k. 1 . . r=-1 ' I ././.... .:lili ...Â»i I \ I 1. \ / ~A::(= \ .2 2 / # k> Topo~ECTION L.LI / jpmai.. / 4 m y I'7'-Â·--~'~-r .. -1.7. /V I / m 4~ 1' .. 44 / 24 1..<. 1 1.1-8 2 a)<El ...I -'. 1 71 , 1 /\ 1 - 1 11 V - :'. 4~1::r *: *3'7< ..=Â· ~~3.-~- -- RECEIVED ~ -- EDGE OF ROOF ABOVE 1 FE- ' ~~~ ~â„¢ ~ MAY 10 2017 ' 1 133 9659 ft BEYOND OVERHANG ' - -=-' - CITY ut 4~ 4 - - I ncrl/ 1 DRAWING ISSUE 51AIR r- 1 -t- ~.TWO CAR GARAGE ...... i 348.29 9 ft 00 '-Â·' Â· 501.36 sq ft Â·Â·t--Â· Â·Â·i --' 111~ImMlnllp=f.#-9~/6----- f... LS CONCEPTUAL DESIGN 4/11/17 \ /11 I 1 GARAGE ~ .I./. 44 , %/ -.v:. ty , 8.$ ' / 1..4:< ,/ 1/1 \ I ./ + CJ k , h I ,/ 1: 1 ~.1 // 1 .~ TOP O~ECTION / 1Â· 1 . '. 1 1 ~~ v ~ f.,:1~ 2,143459/ -- ~<ff % .~~1- 1 1 /1 , %4 1 | ; /1 'i t 1 - 3 1 W X I. 1 1 .1/ IA s.~ \ ' iti' /V** .4 2 7 / - /5< Lv/IA ti'hy .6 2,21/ I Ay/11 2./r Ki.1:7'Â·Â«~/ 1*''lu~ / j QA u /< 3,* 81=~la:F-~1~~m.~'~ 6 L L,ov~Q{N~, i~ #P 7 wr 1. - N. 1 , , h XX I.VA = â‚¬1/ >l// ~ / XI. MA51ER SUITE / h POOLBELOW . , 2121 /\1., 1 COVERED FRONT PATIO EDGE OF ROOFABOVE FAR 1 r-- 7-9 .4 ------*-- Â· / c r / .X--0---1. - 1 DECK 2 - - 1 - 0 -- DEK 3 ~ x ~ 7 ~i\< ~</~~~1- t~< / 7/~ ~ 7--__TRELLIS ABOVE . PROJECT No: 1609 ' 1' ~ ' - 61335(~ft DRAWN BY: CPF 1, 46.94 9 ff ' it 310-58 T h 1 . 60.'WJM~././.** PNmÂ«*. , EDGE OFROOFABOVE -1. T ll-I45sqft BE,OND OVERHANG 1~ ELEVATED AUTO COURT-NO COUNT 16.-It . 1 EDGEOFROOFABOVE J I SHEET No. 1 Z.3 Gh MAIN FLOOR AREA PLAN PROPOSED < ~ J SCALE: 1/8" = 1'-0" ............. *9./. M â€¢:er.#.Ire"R'~ 03 'N3dSÂ¥ | 3NV-I ADVHS 179 SAOH AdONVO /Users/collihfrank/Desktop/SHADY LN_2017-02-20_C.pin Tuesday, Aprij 11, 2017 9:52 AM *i-N~#.040-4-%4 . ,];4~'*- .. .. ...... .. - 0 Cb DAVIDJOHNSTON 119 South Spring St. ARCHITECTSpc Â· . GREEN ROOF Suite 203 Aspen, CO 81611 TOP OryuM TEL 970-925-3444 T FAX 970-920-2186 GREEN ROOF - . GREEN ROOF ' ti~ 1 ~ ROOF AREA PLAN PROPOSED indicated or represented by this drawing ore All ideas, designs, arrangements and plans owned by ond ore the property of Dovid Johnston SCALE: 1/8" = 11-0" Architects, PC and developed for use and in ~ conjunction with the specified project None of the ideas, designs, arrangements or plans sholl be used by or disclosed for any purpose whatsoever without the written authorization of David Johnston Architects, PC. FLOOR AREA CALCULATIONS CITY OF ASPEN ZONING SUBMISSION 54 SHDAY LN ZONE: R-30 PARCEL NUMBER: 273707200026 LOT AREA: 19,496 SF ALLOWABLE FLOOR AREA 4,769 PROPOSED BASEMENT LEVEL EXPOSED WALL CALCULATIONS MAIN LEVEL WALL LABEL TOTAL WALL AREA ( SQ FT) EXPOSED WALL AREA (SQ FT) 1 100 2 3 4 5 6 1 8 1 9 i 10 11 12 TOTAL (SQ FT) 2,904 100 EXPOSED WALL AREA PERCENTAGE 3% BASEMENT LEVEL FLOOR AREA CALCULATIONS So Ft FAR BASEMENT LEVEL (Sq Ft) 1,978.78 68.14 CRAWL SPACE 475 93 0.00 BASEMENT LEVEL COUNTABLE FLOOR AREA (SQ FT) 1,978.78 68.14 LOWER LEVEL FLOOR AREA CALCULATIONS 2,433.53 LOWER LEVEL (Sq Ft) 2,433.53 LOWER LEVEL COUNTABLE FLOOR AREA (SQ FT) 2,433.53 2,433.53 MAIN LEVEL FLOOR AREA CALCULATIONS MAIN LEVEL (Sq Ft) 2,131.31 2,131.31 GARAGE (TWO STALO 501.36 125.68 MAIN LEVEL COUNTABLE FLOOR AREA (SQ FT) 2,632.67 2.256.99 DECK/PATIO ABOVE GRADE FLOOR AREA (Sq Ft) | | DRAWING ISSUE 1 348.29 133.96 , > ~ ' : CONCEPTUAL DESIGN 4/11/17 2 i 310.58 119.45 : 3 46.94 0.00 4 5 46.33 m 0.00 5 633.66 1 0.00 6 54.79 0.0 7 ' 460.53 460.53 : |DECK AREA (SQ FT) 1,901.12 713.94 |15% OF ALLOWABLE FAR (715.35) OVERHANG I , COVERED FRONT PORCH 136.68 0 i FAR OVERHANG 1 34 22 0 |FRONT PORCH AREA (SQ FT) ~ 170.90 | O.00 i PROJECT No: 1609 TOTAL EXISTING FLOOR AREA CALCULATIONS DRAWN BY: cpF BASEMENT LEVEL FLOOR AREA (Sq Ft) 1,978.78 68.14 LOWER LEVEL FLOOR AREA (Sq Ft) 2,433.53 2,433.53 MAIN LEVEL FLOOR AREA (Sq Ft} 2,632.67 2,256.99 DECK/PORCH FLOOR AREA SG FO O.00 0 TOTAL FLOOR AREA CALCULATIONS 7.045 4.758.66 ....... â€¢ 3SAOH AdONVO 03 'N3dSV I 3NÂ¥1 ADVHS 179 /Users/collinfrank/Desktop/SHADY LN_2017-02-20_C.pin Tuesday, April 11, 2017 9:52 AM SHEET No. Z.4 .. .. .. 0. - - . ~tj~ti: 1-1Â©T <\ i\<f\,1 f\<\ -\ / ~ ~ ~ ~ ~ ~ ~ Z~N~~E~21-3 ~ ~ ~~,~f,:. 1, r. L .. / 1 1---1-7 il .6: / '' / , L / I :1 1 1--1 / li / I ZONE AE 1101 YEAR [LOOI), + 4 , ~ Â· /00~' ' )~ ~~ '~ 1 -/ I. 1 0 1 -7845~ ht:> ,/4 â‚¬ - ' /-/ I , / 6 44**. //- 12 I. 2.J / i 1 / 1 , 4,1 , I I . 1 / DAVID JOHNSTON - / , '~ ARCH\TECTSpe ' I . . I / - ' .9 , 39.1; f - . * S 1 /22 1 . 1 \ / 7 9- + . 119 South Spring St / =X'%TI~ CAR PORT / /1 ./ - -1 I , -1/1[ l./ / r .W - . ' - 4%10- \ / , -- 1 K 1 / ./ ne . > , 1 !11 1 I \ / % , 2 9 -0- , 2 -- 1.ZF=E:~=211 - . ' 4 7/3 422 /6 U.ty-, 1 1 1 I lili - . r % / i 1 Aspen, CO 81611 , % TEL 970-925-3444 - 1 . 4 ---- I I -- --I EX 7643 9'i ~ 1%31 $/. #*./ I ./ / - -=- -*----T- --~-- ----.-------Â«- -'--:- :-- ----3~ 7~ FAX 970-920-2186 u - . 44 : - 1- .., (Calcl i I N i ,...1 , 11[..Â«6 0 - i-M- - / J.- f . \ :9 411;64 :--7 i , t. . / /.1 . ~H U NTE R CREEK ~ ~ 2 Ar 1. A lea, F % , U\ \ % , ~ il-- . - - , . LA ./ | Edge of *,ter 0 , I %*74 1/41 I l & 4 44 % / 6 / L , , 9__ --IL i - '' ' 'r. 1 - Vy , ' G /050' C 'h;20.Flk;6 A .Stâ€¢wrf CA~ , ..%....4.9 - ... 1 1 / ~ \0, St'&Face- 1 / 6,111 / , 111/ 3.... \ 3 I \ \ h,om Top of Ban, 1 , , 9~1 . , .* 97)'R lia\,SM *A,I 1,944- - 1 -- , Â¢ / - 22 . ' \1 // , 't + , , \45%.O \,5 4 ' 11 , 1 j''f \ 1\ \ ' ' . 23*~,Ekda, 11)7 . : 1 ar I I \ - -1 Selbkâ€¢ twte. - . 0 6 - '' f 2932 , / / P : -' 4 I 0 , 2 1 - , p- J 1 11 C. \1 - -- -- , I I - Fl 4 , 4 4 f /1 --- CC - 1 t' .4 . \\ '' 1 . -4- 1 --6- i . g,~c AEW TREES ~ , 5 -84 3 + f 1,/1 - --- -t-- 1,1 - . -- . , 1 - -/ \3. .1 ,--17 -1,0** TMIZZLie/47-7 h ' *ir il / 1 > 44- \. 11 1 /4 ,--c Fli -4 0*/ t-- ir- 1/ 1/ 7 Â» j . - r cigic/Mb: I I. 7.-7 6.....Â£ , .. ~ conjunction with thespee/bedproject None - J J / ~ . 1 ~~ ~ i ~ Ck: 1 Architects, Pe and developed foruse "din 0 - G -A , 74 S Allideas, designs, arrangementsond plans ---- . ...3 4 0 A * -nt , / \ il , 4,91 2&4 indicated or represented by this drawing are owned by ond ore the property of David johnston TH. 21;, 1/ 14 20**ity-:i:, 0 , 1 -'.101- C C-7~10 (* C- 6 NEW NATIVE bRASSFS --- ----- --~-~ *62*EM?/bear 4~417 / C= I %<-Cul I 11 1 of the Ideas, designs, orrongements or plons , shallbe used by or disclosed for any purpose , t .474. I . whatsoever without the written authorization -r 1 ' -6-0-302 -% I 0 2 SPA BELOW | (from Top of Ban\4 .*'''I of Dovid Johnston Architects, PC \ 1 i...''I: ./ . 1.--- ' 1 1//r '' / % , --- 7/1 1 11 % 8 6 1/ / 1/ I / * ' 1V TVA , - , 41 1 . ~- 1./-\ 1, M P e I . t ' 1 11 \'\Il'\ I ON GRADE PATIO BELOW ' 1 I ; rk / 1 1 1. \43 \\ / . , 1 I . I, i /1/ 9% Â·--- - ; - - - - - Th-+ --t~ ' \ 1 --*I-*....*.I)-I \ 11 \ - - 1.- I. til -29 - 1 0 ' ' ~ Fitv,\TE[Ilit,1 4-(IN ' 1 /1 \ // --------- , , 1 1 1 , 11 p 1.11 0 -1 lilli & m 15 Setback <2 1 1/~~ c - 1 e 'Tritpe - 1 1........_ I." .... ' . 0 1 1 .... :1 1 ~ ~ 7 x77 ~ \ 1 lili - I r ~1 f: d / 1 0 / . anÂ«.:1 1 1 i CO 1 , I ' i rri= u u, 1 1 1 / 182 t - r~ 1 \ 1 / 1 L-f 1 11, ---'51 -4 /1-0 ful \ :3 2: Kil '\\\\\ 1 1 I A r--*7 // 0 - Al,1 N ./ f / C \ ' 1 j 4 1 LU 0/ 114 11 /i--211 ~' ,1 I mi # \'\1 / - -3'- - .'--i;9'r,-52,#i,Z MAIN LEVEL SHOWN :- 1 2 5-- ---~1~ - - - AO; 0~~ECTION ' : I .11 ..U IL_vATL[, r,=1- BELAN - - -It 1 0 11 1 (+/- 12' FROM GRADE BELOW)11~~r-1 .1 \ . 1 1 1 / 1 V :1 1.26 2 CJ / 1, i 1%-1 1 / Lu / to ...P-/&2#-W <i ./ ' i/ - // 4= ~t itu 11, 111 U 1 54 SHADY LANE Id I <1 \// 1 1 \ / , ''' % 0Â« 2 2, /'F S /â‚¬5 -/ \\ lib -~Ul-- I , - 1 . .4 Â· .. i 1 Z .1/U 1 1 M // - 7844 111- L* *r 741 ~ ' 1 I .... , I h&3 ki---4 4[/2 % I . ./ t Fliet),my#,2 42 7 1 ' F-=2/ #-- , u : ' ./ 4 , , 1 1 -- 34,768 54 Ft (0 798 Acre :t)~ -7 1 2 It $ lij% ?91'73 \ POOL BELOW r *2491-61'1 \. 1 14 < 46 78511- 1 7850'-E" '851'-4' < ~ ~ 1 i g 7- 0 79 0 (Orig Parcel-Book 384-Page 494)1 1 1 ~~ -'-7 ' m LU p - f I I l,3 1 - 1 ~ ~I ~ ~ Pill i County Parcel No I - \ \ '7. \ \- \\ "47 , : U, Â» 1 \ 11 1 /91 - 1 l h 1/ E VATED AUTOCO[ RT -2737-072-00-026 ..1 91 7 It 1 11 E / C 1 4 1 - f> t- IC // i l 'El - 5 /)%.A u 1 31 -1 . 1 i I / *l /0 - 7862 Lf) 1 1 0 ~ / h. 1 , 1 ,' + 1,'4 . n Â· >~ 81 49 1 Fog ~i1 v*#-,0- \ ~ , ". / . 4840 , I ' Â· al 1-1, 49 i ,~ // 0 , I -,1 .0 I I. \. 1 . ... 1.L,-0... 357-Vam&24 '. .k . 7 4 /,1 - 76>Â« 18* 3 b :A/}4 + 2 M . ..:' 2 . , 0 / 5 ./ - 3 0 4 , P .Vile.- 7* , '9 'P ~ , ~,% 4 191 \ , . 4 1831 ,/0 4 - / 1 \4, 4- 1 9% C&:41Â·5 , 11 ./1 . 2 0 i r- f-to.74 11' i , '2% lify,1 f 1%36 b 1 - - 1 I 10' Setback Line he4* *Fil 1 I 5-3 ------------ ---------d:'--~1~Al~*~2-~~,~-1~*J+j, 344 12*20*7 1 1 2 1 /7 Â» , i\U \ / - a / 371':1Pt=&*2FNEÂ¢WiN **4 Q. -~ ~ 273 ; Â»n T/3 *g=6**%31%#p row 1\ ,/2 f : , I ' \ j MV f ''',;'' .'':' / /, 1 - 589Â° 06' 087 20017'- ~~'|+ Â£4410 .N /- V '2~89 dek GA (Original Deed Call-See Notes No 3,5 &61 1631 11% 5\11\1\, 0 i ' 4 | I j -- *- - <M 1 41*1, 4 S 4-0 rme -_- It / 1 1 / 1 1 0 0 \ # DRAWING ISSUE ~ CONCEPTUAL DESIGN 4/11/17 \411 / / 1 1 Southerly Bdry of Parcel] d-> All / // 1 4 u ~ u G/ZX ~Â¢, -- --- \ 9 -- 1 - / C 1 - /1 11 \ L--- -7'GO 1 , i l - .......-, ...'.. i 8 1 , 1 1 --- ./ / 1 1 1 / / 1 ,~V / / 1 M in l \ i / 1 0 \O SITE PLAN I PROPOSED I 1:10 8 -- 1 i 81 0 1 / S 1 / / G 1 / - f / PROJECT No 1609 1 1 , ~ DRAWN BY CPF \ 1 / f / / t '4 -- N 1 1 1 to' 4 - / R .4\ 1 / 1 1.--- / \\ / / H thtfox.. SHEET No. / 4-- 9%1-/.- - 2.0 rn i // ilf \ 1 / / - c- c- c- PROJECT I , -- c NORTH / 3~~1~00; SITE PLAN I PROPOSED I 1/8" / SCALE 1" = 10' 20 19 000 8 39#il Pt, H AdONVO pr~Ilinfrank/Desktop/St!~pY LN_2017-02-20_C pin Tuesday, Ap rilll,20179:52AM ...... 0.--0 . lili LIli 111 ir 4 1 1 1 1,4 - STAIR 1, 1 '11 1 /1 1 MECHA,uCAL ~' DAVI D JOHNSTON Â¥~1 .~ , ~ ~~~ , r , ,,-,- 1 / 1 - Ixl ARCHITECTSpc 119 South Spri ng St. / \ .-/ Suite 203 11 * 1 4 u El Up '~Â©%4852*'St-39?999:? afÂ· .?12: i Aspen, CO 81611 TOP 0F~25'ECTION TEL 970-925-3444 â‚¬ I. lili1 i--/DN -= i T r., Al, 1.1 .6 FAX 970-920-2186 5 [AUNDRY \ 3% gf 3 THEATER 1* CLS. - POWDER J BAR G 31 GAME ROOM ~ Â· POOL MECHANICAL ~ 11Â» ~ -~ 11. 00 _~....4 0 IXI ]r A '.1 t, ... 1 62~ Allideas, designs, arrangementsondplans indicated or represented by thisdrawing m owned by Ind ex the property of Dovid Johrision conjunction with the specified project. None Architects, PC ond developed for use ond in of the ideas, designs, arrangements or plans sholl be used by or disclosed for uny purpose whatsoever without the written authorization of Dovid Johnston Architects, PC. ~4.2J BASEMENT/FOUNDATIONS SCALE: 3116"= 1'-0" 1 0 4' 8' 12' LU l/1 D SPA I 1 1 ----------J <O 'i- r--1 -1 .1 . 1 11 A ~0 0 v MA TI m - O 0, Â· Â· , L___i 7- Â· Â· Â· Â· ~ ~ ]r b 48 6[1 ~ C-) m - % STAIR ........... 1 .1 . ... 1 ..... ...... 1 ... ...... 1 . .1 .... . ...... 1 P--11, 6 1 11 1 11-4 444 + /-1 CLS. ) #-~~ ~ \ 0 0 9-- 12/ n \ 2 S: I-'T&C. ' ---3.- /- N- 1 Lik UÂ·Â£/ -21 -i SUITE 3 1 DN -=41 E .. /// -*i / :_ 50 / 2 01*5< -Â·4- hÂ·>K~/ Fp 1 Â· 1 Â·Â· T r - SUITE 1 SUITE 2 , OFFICE DN UP / â‚¬ [- , . TOP O~ANK-JECTION --1 .....: . . 91-111 EN~tufflili f i -i El - /KITCHENETTE SUNKEN DEN FL- ./ Ixl rx-1 I V.. I JAIBANA BATI 4 -_ .......... .... ..... .. 1 EP " ' :. &672 f , p.'*92Â«3Â·':49.k.,i:.zÂ»..tiN,kÂ·t:'j:44; 1 CLS. 1 / \>11...: \ - - DRAWING ISSUE 6Â» . : i & 1* /-/ 1-,r 3 4â‚¬Â· 4 CLS ) CLS. e ?li. 2~ 94 DE 1/ , f .w:NI + 1-7.7=.1. UFLA Zin Tr--l e..f CONCEPTUAL DESIGN 4/11/17 L '~ BENCH Y 11 0 Ir----1- I 1 b.t '4 i' '~.2~ ,.0 ~, . .L:211' 4, L r. 1[Ptl IS i.VeN . IJ ' ~Â·â€¢p ' DN GALLERY POOL 60 r r= 191--1q ~1 1'= r= fc=rl nirrirk - 7 , 1 - 1 1 1----1 1 1 1 -11 i 1-2_3 -5'- '~ i FLOOR PLANS PROJECT No: 1609 DRAWN BY: CPF 1 i -7- ~_L -7- N N u d z ' SHEET No. 11 LI CE) 3 - 3.1 Â© LOWER LEVEL SCALE: 3/16" = 1'-0" 1 0 8 ........ ..... 03 'NBdSV I 3NV1 ADVHS DS /Users/collinfrank/Desktop/SHADY LN_2017-02-20_C.pin Tuesday, April 11, 2017 9:52 AM .. .. .. .0 .. .. - - --------------------- SPA BELOW I 1 ON GRADE PATIO BELOW I 1 1 1 1 1 -, 1 DAVIDJOHNSTON ---------------- ARCH ITECTSpc 119 South Spring St. ' .LEVA ED JLCM 32_u'Â·Al Suite 203 lilli i Aspen, CO 81611 1.1-- 11=*"f-41' :'/13~ei-'If>*Â©L. ' ~#'' ~'f 7 TEL 970-925-3444 - FAX 970-920-2186 ''' - III % m m / 1 . lt- 4 -: -: --' 1 STAIR 0 . 0 22'-0" 51/'h i 1 - 11. , , 1 1111111Â·IJ!'41%11:;Il'Ill]Il:!;IlllIEI;Ilitltll! Ill'Im:I!;Illtlli:IHMI!11"HI:qHEINIJ; '~Â·.Â· " "'' 4. .1 U ,0.,.,:,1 11,1:.~i., 1~ ~~~L 111 ||1 0 Â¤ O 1 - I ~ GARAGE Irk ' \ 1 1 4 1 7 x ~ . M ' F ~ % fELEVATED DECK BELOW.63<.".-Egi.3..:RE'ri--. i .: MUU.'iÂ· --7 ~ . 25' I MAIN LEVEL SHOWN F----------71 -----------71 8:1 D N 01 i E - mil_' , ' I f.4 TOP o ~ECTION .--| --3 J - [1<1 ~==---t-Te/#446;.=77 I ji (+/- 12' FROM GRADE BELOW) I 1. ./1 1,\ %1; 1 t.lt:11Â·:. 11 3 \ /11\ . 1 - -~E) L fliD ~ /1 ~ - - -7~~ 2 3 1 1 F , indicated or represented by this drowing ore / I 11 , -----4/- ---J/-- -\L/--1- 1 \ / 1 1 \ / \ / 4 / - MUDROOM CLS \ / 1 1 / \ Allideas, designs, orrangementsand plons W :2 J .Ep Il , ::* : f.~, 1 -7 h/ ; I Il /\ I ownedbyondorethepropertyofDovidjohnston 1- 1 11 nA / / 1 . \ Architects: PC and developed for use ond in R 3/0 1.2.3Â£. \ . I / I 1 Er- , a --. -I -: 6 1 / , j conjunction with the specified project. None Il / ' 111 1 : 69~ it.-42 2 1 - 4 oftheideoldesigns, orrangementsorplons ' ' 111 whatsoever without the written authorization - tal Ilimi - shall be used by or disclosed for any purpose 11 ILL 7 / ./ 1 4 of David Johnston Architects, PC. lili~ r-n -1 11 , 1 13 -[-77-~ 1 /1 1 /1 1 --1 i V\VVV \91.--~ 1 1 1/ MASTER SUITE KITCHEN DINING ROOM LIVING ROOM ENTRY / POOL BELOW IXI r IXI IXI 1 ' 1 1- 1 O 1 1 11 1 1 o f\.~~Y\j~Y\w/y7 0 0 0 0 4- gl -'--E.8-i.'= ~~,L ~ ~~ jrl, '~'"~*e...:'11 - r.Â· - 1 - ~ ' ''.'1 - - i '' ' I W/D 1 . 9 9 - I. 1 1 ELEVATED 'BRIDGE' '' 1 ELEVAIED 'BRIDGE 1 Al'TO COURT Â· 1 Alm-,0-,Illi-ACCESS I 1 1 1 . 1 l4.4 1 :a a h . 4 = la KA MAI N LEVEL ~~j| SCALE: 3/16" = 1'-0" 1 0 4' 8' 12' - . TOP OF~ANK,ECTION ~ DRAWING ISSUE . . ~ .. .i.i . . . CONCEPTUAL DESIGN 4/11/17 FLOOR PLANS PROJECT No: 1609 DRAWN BY: CPF SHEET No. ~ ROOF PLAN 3.2 SCALE: 3/16" = 1'-0" 0 4' 8' 12 . .. . . .. .. 0 . .. .. 3SAOH AdONVO 03 'N3dSÂ¥ 1 3NÂ¥1 ADVHS 179 /Users/collinfrank/Desktop/SHADY LN_2017-02-20_C.pin Tuesday, Aprilll, 2017 9:52 AM PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0040.2017.ASLU PROJECT ADDRESS 54 SHADY LANE PARCELID 2737 072 00026 PLANNER BEN ANDERSON CASE DESCRIPTION ADMIN DETERMINATION REPRESENTATIVE ALAN RICHMAN DATEOFFINALACTION JUNE 15, 2017 CLOSED BY ANGIE SCOREY 10.23.17 PERÂ·Mt Â·r- -+F- 0840* 20/7-0 94:54 U <'~8.2 6.C_ Z r 3 769206626 ~ Cushm Fields | Ro!18ng Status | Fee SummarY I Actions | Roubng History 1 Permit type bslu 1 : Aspen Land Use Permit # 0040.2017.ASLU Address 54 SHADY LN ~ Â· Â· Apt/Suite City ASPEN State Co I m Zip 81611 ~ .** Permit Information ~ Master permit 1Â·4 4 Routjng queue aslu 1 5 Applied 054'23/2017 I v Project ~p*F Status pending Approved iÂ¥ Description DETERMINATION IF PROPOSED ELEVATED DRIVEWAY At'IDAUTO-COURT IS A DECK Issued .Â¥ AND CALCULATED TOWARDS FLOORAREA. Closed/Final 1 9 Submitted RICHARD 9709289393 Clock Ru nning Days ~~~~~~~ Expires 05718/2018 1, Submitted via , Owner I i Last name SHADY REDMOUNIAIN LLC First name 623 E HO PKIN S AVE ASPEN CO 81611 Phone (970) 920-1280 Address Applicant g Owner is applicant? El Contractor is applicant? Last name SHADY RED MOUNTAIN LLCÂ· First name 623 E HOPKINSAVE .ASPEN CO 81611 Phone (970) 920-1280 Cust # 30668 - Address Email Lender Last name * ~ First name Phone () - Address .*Ee'P*-).saet:>r ff:>'V#MAt51Â¥'11:1Â»4Â¥V :14:- f'. . --â„¢ -rv 4 6- - 11AspenGold5 [se~gr)_~~maIRPQ-lit-==it r 1 hk -,1, (1Â£ 1/= 21 482- CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT AN ADMINISTRATIVE DETERMINATION FOR THE PROPOSED REDEVELOPMENT OF A MEETS AND BOUNDS PARCEL AT 54 SHADY LANE, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. PARCEL ID: 2735-131-06-002 JURISDICTION: City ofAspen APPLICABLE CODE SECTIONS: 26.575.020.D.4.a-b Measurements and Calculations, Measuring Floor Area 26.104.100 Definition of"deck' EFFECTIVE DATE: June 15,2017 WRITTEN BY: Ben Anderson, Planner APPROVED BY: Jessica Garrow, Community Development Director June 15,201 COPIES TO: City Planning Staff, City Attorney SUMMARY: This administrative determination clarifies if an elevated driveway and auto court as proposed in the design for a site specific. single family residential redevelopment at 54 Shady Lane shall count toward the allowable Floor Area exemption and calculation of exterior features as described by the Measurements and Calculations (26.575.020) section of the City of Aspen Land Use Code. The determination is requested by Shady Red Mountain LLC, represented by Richard Y. Neiley Jr., Esq. of Neiley Law Firm, LLC. On April 4, 2017, the Planning and Zoning Commission, in Resolution No. 8, Series of 2017. approved a Stream Margin review of the full project and a Variance for a feature in a setback. A focus of the P&Z approval was the mechanism for vehicle access to the property from Red Mountain Road. Supported by referral comments from the Engineering and Parks Department, the Applicant' s proposal for an elevated driveway and auto court was the preferred alternative for vehicle access and was a central feature ofthe approval. The question ofthe floor area calculation of the driveway/auto court was raised by the Applicant in the Land Use Application. As the P&Z Commission is not authorized to interpret the code or grant a Variance to increase Floor Area as Floor Area Calculation Elevated Driveway and Auto Court Issued June 15,2017 Page 1 of 4 that power rests solely with City Council, staff determined that this issue should be handled separately from the P&Z review. Specifically, this application requests a Determination as to whether the driveway and auto court fall into the category o f deck and other external features that receive an exemption of up to 15% o f the allowable Floor Area for a property before any excess to the 15% is included in the calculation towards allowable Floor Area. In preliminary meetings for the P&Z hearing, Staff conveyed the position that the elevated drive and auto court would be counted toward the 15% exemption and Floor Area calculation. The Applicant disagrees with this position and presents an argument within the application against the inclusion of the driveway and auto court in this calculation. BACKGROUND: Section 26.575.020.D.4; Decks, Balconies, Loggias, Gazebos, Trellis, Exterior Stairways, and non-Street-facing porches, is a frequently referenced section of the Land Use Code that provides specific definition to how exterior and above-grade features are calculated towards allowable Floor Area. Usually labeled the "deck exemption" by Staff and the development community, this section allows an exemption of up to 15% of the allowable Floor Area for a property for the combined square footage of these features before any excess beyond the 15% is counted in total towards the allowable Floor Area. The intent of this section is to allow a reasonable addition of these exterior and above-grade features. It is also meant to discourage excessive exterior, attached features that would fundamentally change the massing of a house beyond that which is intended by the allowable Floor Area in a particular zone district. The language of Section 26.575.020.D.4.a-b; is as follows: 4. Decks. Balconies. Loggias, Gazebos, Trellis, Exterior Stairways. and non-Street-facing porches. a. The calculation of the Floor Area of a building or a portion thereof shall not include decks, balconies, trellis, exterior stairways, non-Street facing porches, gazebos and similar features, unless the area of these features is greater than fifteen percent (15%) of the allowable floor area for the property and the use and density proposed, or as otherwise exempted by this Section. b. If the area of these features exceeds fifteen percent (15%) of the property's allowable Floor Area (for that use and density proposed) only the areas in excess of the fifteen percent ( 15%) shall be attributed towards the allowable Floor Area for the property. The allowable Floor Area for the purpose ofthis calculation refers to the Floor Area calculation based on the Net Lot Area, as de fined in this chapter or as prescribed by a site specific approval, with the following exceptions: Floor Area bonus, or established or extinguished Transferrable Development Right certificates are not included. The above-grade nature of the features described in this section is of particular importance to the subject of this Determination. Elsewhere in 26.575.020.D, the code allows for total exemption of the area of an at-grade patio from allowable Floor Area calculations. The reasoning behind this is that at-grade features do not contribute to the perceived massing of the house. Per code, once a ratio reaches six inches above grade or is covered by roof overhangs of greater than four feet, the patio feature then begins to count toward the 15% exemption and calculation toward allowable Floor Area. Again, the reasoning behind this is that the above-grade nature of the patio and the roof overhangs add to the massing of the house - and thus should be calculated towards the Floor Area Calculation Elevated Driveway and Auto Court Issued June 15,2017 Page 2 of 4 exemption and/or FIoor Area. Like at-grade patios, at-grade driveways are not calculated toward allowable Floor Area. In the Application for the Determination. the Applicant contends that the elevated driveway and auto court does not meet the definition of a "deck" as presented in the Land Use Code - and therefore should not be subject to the code language describing the 15% exemption to Floor Area and Floor Area calculation. The definition from 26.104.100 for "deck" is as follows: "An outdoor, unheated area appended to a living space but not intended for living. In Exhibit A, the site plan shows the continuous surface of the elevated driveway and auto court attaching to the garage, and two, exterior walls that define the main entry to the house and a mudroom. DETERMINATION: Staff recognizes the site conditions that led to this unique design solution of the elevated driveway and auto court, and P&Z Resolution No. 8, Series of 2017 that granted approval of Stream Margin Review and a Variance for a feature in the setback. However, neither o f these approvals preclude the project from complying with other aspects of the Land Use Code. . Fin E-1 1 LE_111- . ' -21 4%6*AIX 4~~~ A - 1-n vAN' 1 \ f -41 . 3â‚¬ , 6%*- 0 .... 1.U-~.. Figure 1. North Elevation of the proposed design for 54 Shady Lane. At the right of the image is the driveway and auto court as it leaves Red Mountain Rd. before connecting to the garage and front entry of the home. Courtesy of David Johnston Architects. Staff finds that regardless of the application of the specific definition of "deck" to the elevated driveway and auto court, these features remain subject to the 15% exemption and Floor Area calculation methods that apply to all exterior and above-grade features. In the language in 26.575.020.D.4.a (specified above), a list ofthe specific features that are subject to this calculation ends with the less precise term "similar features." What makes this list of features similar are these qualities: exterior and above-grade. Stafffinds that the driveway and auto court have these qualities and if not under the definition of"deck", are certainly subject under the term, "similar features". One of the most important aspects of any land use code, and certainly of Aspen's Land Use Code, is the proscription of floor area limitations that reflect community desires for the scale and massing of buildings that are appropriate to a particular zone or parcel size. In this specific case, the elevated driveway and auto court create significant, additional massing to a design that has already Floor Area Calculation Elevated Driveway and Auto Court Issued June 15,2017 Page 3 of 4 maximized allowable floor area and exhausted the 15Â°/0 exemption with the primary form of the house. Specific to the site design, staff determines that the entirety of the continuous surface of the elevated driveway and auto court shall count toward the 15Â°/0 Exemption and Floor Area Calculation. Precisely, the driveway begins to count toward these features at the point that it leaves the solid concrete pier that creates the connection to Red Mountain Road. The entirely of the elevated platform, including the driveway, the auto court and the covered front porch area (as it is greater than 30" above grade) and shall be included toward the exemption and Floor Area calculation. 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 o ffice or department rendering the decision or determination within fourteen (14) days of the date of the 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. This administrative determination was issued and becomes effective on June 15, 2017. ATTACHMENTS: Exhibit A - Site Plan for the Entry Level of the Residence Floor Area Calculation Elevated Driveway and Auto Court Issued June 15,2017 Page 4 of 4 Exhibit A DAVID 'OHNS ARCHITEC-5 5.i. 2/ ~lpe'10. m t ~70-92>1444 ~ t. 1 [ _lg=110'. \ ,-1 r-*- Â®4-0.1- 94.1 23 1-1 1 25 1-1 /E 1 0,0:w.*.*I.#' . =*I 0 11 1, 1 1 1 1 . [1 MAIN LEVEL Di~ Mi~r- IÂ·Â·0Â· C Â«> ....11- DRAWIN' 15 - - CONCEP.....IN , FLOOR PIAN5 - 1,11 PROJECT . ~009 D~*Nt:Â¥ m SHEET No. ROOF PLAN SCU,Wir. r-0â€¢ .7 3.2 3SAOH AdONVO 03 'NNSV I UNVI *OVHS â€¢S ..11' 'I AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: -54 SAA U /9 R- , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, A.,&2: 90-o--n (name, please print) being or representing an Applicant to thetity of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: \~ Publication of notice: By the publication in the legal notice section ofan official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. 1,4 6-0-_ lignat*re 0 The foregoing "Affidavit ofNotice" was acknowledged before me this.29 day of dwi , 209-1-, by A-,fela , 3 - - WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE RE: Administrative Determination My commission expires: 45 ko An Administrative Determination related to Sections 26.104.100, and 26.575.020.D.4.a-b, of the City of Aspen land Use Code, regarding a proposed site specif,c design at 54 Shady Lane, was initiated by Shady Red Mountain, LLC; was rendered on June 15, 2017 and is available for public inspection in the f.* 81Â£*.944- Community Development Department. Notary Public Published in the Aspen Times on June 22, 2017 6 ATTACHMENTS: KAREN REED PATTERSON NOTARY PUBLIC STATE OF COLORADO COPY OF THE PUBLICATION NOTARY ID #19964002767 , My Commission Expires February 15,2020 J. ' -46:# Ii|qy. Â«*'/e. t#' -* M *:63 lit annual open house 81 Ki 28 Directional suffii br 29 Shell containers St, 31 Railroad name 84 Ni starting In 1832 Bal 'T 32 Gott balrs path G< 33 ResuLt ot waves 86 Ja hitting rocks .'A 35 "Don't worn, about Fa me! 87 Fn L 7 37 ..22:EZL'i ~ GEN 0 1 lIVIAI 03!:Il.LH33 3Nll 031100.0 0103 'SSBU]aV NUn13H 3H1.30 1HE)lei 3H101 ad013AN3 30 dollV EB)10116 30Vld :1 1 SENDERÂ·. COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY A. Signature â€¢ Complete items 1,2, and 3. â€¢ Print your name and address on the reverse X 0 Agent ! so that we can return the card to you. [] Addressee ! B. Received by (Printed Name) C. Date of Delivery i â€¢ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delively address different from item 1? C Yes If YES, enter delivery address below: Â¤ No i Nei [wi L,co Ficw~ , LLC. ' 1 120.64 BUIâ€¢ st . SW LTE 2-40 1 As Peâ€ž , Co 31 61 1 + 3. Service Type O Priority Mail ExpressÂ® 1111111111111111111111111111111111111111111111 O Adult Signature Restricted Delivery O Registered Mail Restricted O Adult Signature - Â¤ Registered MaiITM U Certified MailÂ® Delivery 9590 9402 2597 6336 2233 21 m Certified Mall Restricted Delivery Â¤ Return Receipt for O Collect on Delivery Merchandtse c arâ€¢,1. At, Imhmr mm?.ffer from seryke/abe/} O Collect on Delivery Restricted Delivery O Signature Confirmationâ„¢ , 3 Insured Mail O Signature Confirmation 91 7199 9991 7036 7765 2946 O Insured Mall Restricted Delivery Restricted Delivery (over $500) ~ PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt A * 1 LLNI~ U.S. POSTAGEÂ»PITNEY BOWES 6 v ~3~ 87 rfriL.;Â»0 ZIP 81611 $ 005.47' #:2*1*:MIIA 02 1VY THE CITY oF ASPE EI-':A~'39n'I,&'R 0001377893 JUN 19 2017 91 7199 9991 7036 7765 2946 130 SOUTH GALENA STRI ASPEN, COLORADO 816iiÂ« NUu14Â»~ ha , L.Le 129 East MU St-' SuilE, 740. Aspe~ r CD 81611 Â® Printed On Recycled Paper tÂ»- 9-Â· 1-1.Q. l.u c ~r fv~r 0040.20/ F ASLO =EIVED Agreement to Pay Application Fees MAY 1 7 2017 An agreement between the City of Aspen ("City") and CITY OF ASPEN Property Phone No.: 920-1280 COMMINITY D:VELOPMEN1 Owner ('*'bShady Red Mountain, LLC Email: Address of Billing (/0 Neiley Law Firm, LLC Property: 54 Shady Lane (send bills here) 6800 Highway 82, #1 Address: (Subject of Aspen, CO 81611 Glenwood Springs, CO 81601 application) 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 precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. , $. 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 or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be 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. Ihave read, understood, and agree to the Land Use Review Fee Policy including consequences 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 for the processing of my application at the hourly rates hereinafter stated. $ 325.00 deposit for 1- hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Property Ovk er: 1 Shady Red Mountain, LLC Jessica Garrow, AICP Community Development Director Name: City Use: Title: Attorney for Owner Fees Due: $ Received $ March, 2016 Citv of Aoen I 130 S. Galena St. I (970) 920 5050 R e Â£ 6 17 3 7- 0 9- 2-0 0 0 79 DA,0 431 LI 0 RECEIVED 44> U MAY 1 0 2017 CITÂ¥ ut nor'EN LIE CITY OF ASPEN ~RNTY DEVELOPIENT Land Use Application Determination of Completeness Date: Mav 15.2017 Dear City of Aspen Land Use Review Applicant. We have received your land use application for 54 Shady Lane. Administrative Determination and have reviewed it for completeness (and not compliance). ~f-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 $325.00 3) One additional hard copy ofthe application. 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!1Bnk--Â¥ou. 20 5- ~nnifer PheÂ®*Deputy Planning Director City of Aspen. Community Development Department For Office Use Only Qualifying Applications: Mineral Rights Notice Required New PD Yes - No_*C Subdivision, or PD (creating more than I additional lot) GMQS Allotments Residential Affordable 1 lousing Yes No_,0 Commercial E.P.F. Lodging C RECEIvED MAY 1 0 2017 C| TY Of h 3+EN COIMNITY DEvELOPMENT APPLICATION FOR A STAFF DETERMINATION OF APPLICABILITY OF DEFINITION OF"DECK" TO AN ELEVATED DRIVEWAY AND AUTO COURT 54 Shady Lane Aspen, Colorado 81611 PROPERTY OWNER/APPLICANT: REPRESENTATIVE: Shady Red Mountain, LLC Richard Y. Neiley, Jr. c/o Aspen Real Estate, LLC Neiley Law Firm, LLC 623 East Hopkins 420 East Main Street, Suite 240 Aspen, CO 81611 Aspen, CO 81611 (970) 920-1280 6800 Highway 82, Suite 1 aspenstarwood@gmail.com Glenwood Springs, CO 81601 (970) 928-9393 aspenlaw@neilevlaw.com PROPERTY: Metes and bounds parcel located at 54 Shady Lane, City of Aspen, State of Colorado Parcel ID No. 273707200026 1 Rtuk.Jvcr MAY 1 0 2017 CITY OF .,SPEN APPLICATION FOR STAFF DETERMINATION COAM)NITY DEvELOPMENI OF APPLICABILITY OF DEFINITION OF"DECK" TO ELEVATED DRIVEWAY AND AUTO COURT In this Application Shady Red Mountain, LLC ("Applicant"), seeks a determination of the Planning Department staff that the term "deck" as defined in the City of Aspen Land Use Code does not apply to the elevated driveway and auto court designed to provide the least impactive access to the subject real property. The subject property is a unique parcel of land located at the base of Red Mountain adjacent to Hunter Creek. Because of the property's proximity to Hunter Creek, development required stream margin review approval. Because the access to the property is extremely steep, the property also required approval of a variance by the City of Aspen Planning & Zoning Commission. In the process of obtaining the necessary stream margin review and variance, the Applicant's land use planner, Alan Richman, was informed of a preliminary staff determination that the elevated driveway and auto court might be considered a "deck" under the definitions of the Land Use Code and would, thus, have to be included in the calculations of floor area ratio for the property (see the excerpts from the 54 Shady Lane Stream Margin and Setback Variance Application submitted by Alan Richman, Attachment 1). The Application for Stream Margin and Setback Variance was heard by the City of Aspen Planning & Zoning Commission on April 4, 2017 and received unanimous approval. Prior to that hearing, Mr. Richman was informed that residential design standard review and a determination of the applicability of the term "deck" to the elevated driveway and auto court would not be heard by the Planning & Zoning Commission, but would be processed as separate applications through the Community Development Department. At the April 4,2017 P&Z hearing, the Applicant presented various design alternatives for access from Red Mountain Road, which is constrained by steep terrain resulting from the reconstruction of Red Mountain Road by Pitkin County in 1989. The elevated driveway and auto court were conceived as a way to avoid the removal of numerous mature trees and to minimize site disturbance and overall impacts to the site. Following the presentation and the consideration of the various design and access alternatives, P&Z approved the Stream Margin Review and Variance Application unanimously. A copy of the Resolution approving the Application is appended hereto as Attachment 2. The City of Aspen Land Use Code allows limited development within setbacks. It permits "driveways not exceeding twenty-four (24) inches above or below finished grade within any setback of a yard facing a Street." Because the access plan for the subject property required a driveway substantially higher than twenty-four (24) inches above finished grade, the variance was necessary. The variance applies only to the section of the driveway within the front yard setback. A variance was not necessary for the auto court, as the auto court was not located within the front yard setback and did not otherwise exceed Land Use Code height limitations. Because staff determined that the Planning & Zoning Commission would not make a determination of the applicability of the definition of the term "deck" in connection with the variance application, this Application presents that issue. The City of Aspen Land Use Code defines "deck" as follows: "An outdoor, unheated area appended to a living space but not intended for living." See Attachment 3, Definitions from Part 100 of the City of Aspen Land Use Code. It is the Applicant's belief that this definition does not apply to either the driveway or the auto court. Thus, the Applicant seeks a staff ', determination that neither the driveway nor the auto court is a "deck and neither must be considered in a determination of the available FAR for the subject property. The Applicant considers the driveway and the auto court to be two (2) separate characteristics of the development. The driveway provides access between the public right of way and the building site and connects to the auto court at the edge of the front yard setback. The auto court provides room to turn vehicles without having to utilize the public right of way and provides access to the front porch and the garage of the planned residence. Appended hereto, as Attachment 4, is an architectural rendering of the residence depicting the approved design for the home, along with the elevated driveway and auto court. Attachment 5 is the "Canopy House Plans" depicting elevations, floor plans and FAR calculations. By definition, a deck is an outdoor, unheated area "appended to a living space." Clearly, the driveway, which is located entirely within the front yard setback and attaches to the auto court, is not "appended to a living space." Furthermore, the driveway was defined as such by the Planning & Zoning Commission and was granted a variance under the provisions of the Land Use Code expressly made applicable to driveways within front yard setbacks. Simply put, the driveway does not fall within the Land Use Code definition of"deck." By the same reasoning, the elevated auto court does not fall within the Land Use Code definition of "deck." The elevated auto court, also, is not appended to a living space. On one side, the auto court is appended to the garage, which is not considered a living space. On the other side, the auto court is appended to a porch, which is also not considered a living space. The definition of "porch" in the Land Use Code is as follows: "An uninsulated, unheated area under a roof, enclosed on at least one side by an exterior wall of a building and open on at least two sides to the indoors, with or without screens." The porch in this instance is elevated above the auto court, is covered by a roof and is enclosed on two (2) sides by exterior walls of the building. As a consequence, there is no access directly from any living space to the auto court and the auto court is, therefore, not appended to a living space. Under the definitions as incorporated into the City of Aspen Land Use Code, neither the driveway nor the auto court fits within the definition of the term "deck." Therefore, the Applicant respectfully requests the City of Aspen Community Development Department issue a staff determination that neither the driveway nor the auto court constitutes a "deck" and, therefore, do not need to be included for purposes of floor area ratio calculations. 2 1.1 1-J vwr, -m ViJ MAY 1 0 2017 crE?IÂ¥ 9,. g v 4 ~ui'i=N ATTACHMENTS T 1 ut VELOPMENT 1. Excerpts from 54 Shady Lane Stream Margin Review and Setback Variance Application 2. Aspen Planning & Zoning Commission Resolution No. 8, Series of 2017, dated April 4,2017 3. Definitions from Part 100, City of Aspen, Land Use Code 4. Architectural Rendering of Residence Depicting Elevated Driveway and Auto Court 5. "Canopy House Plans" Depicting Elevations, Floor Plans and FAR Calculations (Reduced Size Plans included in Application; Full Size Plans Submitted as Separate Documents) 6. Authorization to Represent 7. Certification of Ownership, along with Deed and Certificate of Authority 8. Pre-Application Conference Summary 9. Homeowners Association Compliance Policy 10. Agreement to Pay Application Fees ATTACHMENT 1 RECEIVED MAY 1 0 2017 CITY OF ASreN COMMUNITY DEVELOPMENT 54 SHADY LAN E (LEILA LLC) STREAM MARGIN REVIEW RESIDENTIAL DESIGN STAN DARDS REVIEW SETBACK VARIANCE SUBMITTED BY ALAN RICHMAN PLANNING SERVICES, INC. P.O. BOX 3613 ASPEN, COLORADO 81612 920-1125 FEBRUARY, 2017 trees to be removed and significantly alter the natural setting of the lower portion of the site, which is contrary to the fundamental purpose of stream margin review. The applicant believes that the preferred solution would be to bridge the slope with the elegant trestle-like design that is illustrated in the rendering of the proposed driveway (see Sheet #11). This bridge creates the least visual impacts when seen from neighboring properties. Moreover, by spanning the slope, it limits its on-site impacts to those few spots where the bridge abutments would land. The bridge has also been located so as to avoid the loss of trees to the extent possible. However, as the elevated driveway was being designed and presented to City staff, the following two challenges arose: 1. Because the bridge would be located more than 24" above finished grade within the setback, it does not comply with the City's setback standards. Therefore, Section VI of this application presents the applicant's request for a setback variance to allow the bridge to be built as designed. 2. Staff has informed the applicant that they consider the elevated driveway to be a "deck" as that term is used in the City Code and therefore its area would count towards the property's floor area. The Code provides a 15% floor area exemption for decks, balconies, stairs, etc. 15% of the property's 4,769 square foot allowable floor area = 715 square feet. If the driveway were to be counted as deck, the area of the elevated driveway and auto court would exceed the 15% exemption, thereby eliminating the applicant's ability to create any exempt decks and similar features in the residential design. These kinds of articulating building elements are generally acknowledged to help to reduce the mass of a structure and are encouraged by the City's design standards. So it would be counter- productive to good design to count the driveway and auto court as decks. Moreover, the auto court and the elevated driveway do not fit within the Code definition of a "deck". The Code defines a deck as 'An outdoor, unheated area appended to a #Wng space but not intended for living". The auto court is not "appended to a living space". It is appended to the garage and to the front porch. Neither of these two spaces are "living spacest A front porch is defined as "An uninsulated, unheated area under a roof, enclosed on at least one side by an exterior wall of a building and open on at least two sides to the outdoors, with or without screens". The driveway is even more clearly not a deck. It too is not appended to a living space; it is appended to the auto court. Furthermore, a deck is not permitted to be built within the front yard setback whereas a driveway can certainly be built within the front yard setback (although limited to just 24" above natural grade). So the staff determination that the driveway is a deck clearly cannot be correct since a deck is not permitted in a setback. Therefore, the applicant requests that the Planning and Zoning Commission make a determination that the driveway is not a deck, but instead is what it is - an elevated driveway and elevated auto court that should not count towards the 15% deck allowance. 54 Shady Lane Stream Margin Review and Variance Application Page 6 If the Planning and Zoning Commission does not concur with this position, there is another way to address the question of whether the elevated driveway is a deck. That approach would be for the applicant to go back to the idea of filling in the grade below the driveway, thereby placing the driveway and auto court at finished grade, rather than having them float above natural grade, Since these features would then be at grade this design would clearly meet the definition of a driveway and not the definition of a deck. However, that design alternative would still require a variance, since the driveway would be elevated by more than 24" from natural grade, but the deck issue would be resolved. Given the impacts this would cause in terms of grading and tree removal, we believe that filling in the grade below the driveway NOT the preferred solution for this property. Therefore, we appeal to the P&Z to not penalize the applicant in terms of floor area calculations so the preferred design solution to this property's unique topographic conditions can be implemented. 54 Shady Lane Stream Margin Review and Variance Application Page 7 ATTACHMENT 2 Ktl, ~ b/tu MAY 1 0 2017 Resolution No. 8 CITY OF ASPEN (HERIES OF 2017) COMMUNITY DEVELOPMENT REHOLErION OF THE ASPEN PLANNING AND ZONING ((AnliNSION APPROUNG A STREAM MARGIN REVIEW AND A NETH.ACK VARIANCE TO DEXIOI,ISH AND REPLACE THE EXISTING REMIDENCE AND 111111) A DRA+WAY AT 54 SHAIn LANE CITY OF ASPEN, PrrKIN a)UNTY, COLORADO. Parcel No. 273707200026 WHEREAS, the Community Development Department received an application from Alan Richman Planning Services. requesting Stream Martin Revieu Exemption approval. a Residential Design Standard Variation. and a Setback Variance ibr the demolition ofthe existing residence and construction ofu new residence at 54 Shady Lane: and. WHEREAS, the Applicant's property is zoned 14-30. Low Density Residential ill all J,11\'irc)11111elitally Sensitive Area as defined b> the Land Lise Code: and. WHEREAS. the Community Development Department Staffrevie\\ed the application for compliance with the Stream Margin Revieu Standards. Residential Design Review Standards. and Variance Review Standards: and. \Vt{11'REAS. the Communil> Development Department Staff found that a Residential Design Variation was not needed due to the parcel being outside of the Infill Area with a Slope ereater than teri feet: and. WHEREAS, Upon review oftlle application. site visits. and the applicable Land LIse Code standards. the Commimity Development Director recommended approval of the Stream Margin Review. and a denial of a Setback Variance finding thal the review standards for the requests have been met: and. U I 1 EREAS. the Aspen Planning and loning Commission has reviewed and considered the develi,pment proposal under the applicable provisions of the Municipal Code as identi tied herein. has reviewed und considered the recommendation of the Community Development Director. and has taken and considered public comment at a duly noticed public hearing: and. WI 11Â·311<AS, the City of Aspen Planning and Zoning Conimission finds that the development proposal meets or exceeds al] applicable development standards and that the approval of the development proposal is consistent with the goals and objectives ofthe Aspen Area Community Plan: mid. WHF.REAS. the Planning and Zoning Commission approves with conditions. the request for a Stream Margin Review and the request for a Setback Variance to demolish the existing residence and constrtict a new residence iii the Stream Margin of Hunter Creek as shown in Exhibit A. by a , otc of five to zero (5 0). and. WHEREAS. the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion Of pliblic health. safety. and weliare. NOW, THEREFORE RE IT RESOLVED by the Conunission Section 1: General Approval Pursuant to the procedures and standards set forth in 7 itle 26 of the Aspen Municipal Code, tile Planning and Zoning Commission hereby approves the Stream Margin Review request and appro\.cs Cne Setback Variance request to allow for the development of a single-family residence and a driveway that exceeds the height limitations outlined in the Land Use Code, The drivewa> variance is specifically for the elevated driveway represented to the Commission both in iii atericils and form. these approvali with cond.itions. will allow the Applicant to replace the existing residence ut 04 Shad> Latic with a nen clesiuri and footprint ilirtheraway from Ihe Hunter Creek Stream Margin. Section 2: Conditions of Approval A. Parks Department Conditions 1 . An approved tree permit is required before approval ofthe building permit An approved tree permit requires a proposed landscape plan identifying tree.s for remouil and means and schedule for mitigation. 2. A construction felice must be erected along the entire dripline ofall trees on site and lilly tree canopy from neighboring property This will serve as the tree protection zone (TI>Z). This fence is to be consti ucted in such a manner that the area inside ihe dripline is protected. An inspection of this felice must be perfurmed before an> construction or demolition activities begin. please arrange this inspection with Ben Carlson at 429-2034. 3. No 11]titerials inay be stored in the 1 P/. including but not limited to. construction backfill, Construction traffic. or any other construction materials. 4. No excavation. grading or trenching may occur within the TPZ without the consent ol the City ofAspen Forester or his designee. i No parking othrhicies or equipment may occur in the ]PL 0. No clumping 01 any waste products may Occur il] the I.PX, 7. Any roots cut during excavation shall be pruned with sharp loppers/pruners back to the soil line. The roots will further be protected by burlap draped over the side ofthe excavation covering the exposed roots, This burlap shall be kept moist unti] the excavation is backfilled. 8. Pruning to provide clearance for construction actiLities shall only be done linder the direction ofan arborist. 9. Site illy,-ections shall be performed on a weekly basis. to ensure the above listed con' r )11% are met. 10. Any unapproved impror:ements or actifities outside ofthose approved within this permit will be sublect to mitigation in tile form of restoration. 11. This permit must be posted on site during tile Construction process. 12. The Applicant shall subinit a detailed plan for erosion cc)]]trol. Plans should detail location of funcing and type of fencing. This fencing. at a minimurn. shall consist of barrier fencing at the top of slope. Beyond this banier fencing shall be silt fbicing installed to the City of Aspen standards. Additional erosion control measures may be necessary depending upon the site. Silt fencing shall be installed along the top of slope, 13. Demolition 011[ie existing carport u ill requireapermit fromthe City Forest.er. 14. Excavation forproposed garage must be 15 feet away from Tree 17] and 12 feet away from tree 102 with no fill permitted in this area. 15. Footers for car bridge must be 12 feetaway from tree 102. 16. Special root excavation techniques Hill he required in along the southern periineter of the proposed residence. B. 1111*lnecring Departmem Cult(litionS L No Mantings otherthalinaliveriparianplantings are pernlitted within the 15' toi) of blope setback. 2. Existing utilities run through the top of slope and top of slope setback. These utilities .shall be abandoned and any new uti.lities must be installed outside of the top of slope and top ofslope,setback. 3 The dri veii:1> entrance must be a minimum of 25* from ilic Shady Lane turn offI 4. Vehicles must be able to turn around in the auto Court. to prevent backing out onto Red Nlountain Rd. 5. The Applicant's design shall be compliant with all sections ofthe City ofAspen Municipal Code. Fille 2 1 and all construction mid excavation standards published by the Engineering Departmelit. Additionally. the following items are required: a) A no rise certificate. 3 b) Any federal and state permits associated with development in the iloodplain shall be submitted. as necessary. C. Planning Department Conditions L The applicant shall submit a Site Iniprovement Survey/INat for City of Aspen review and approval depicting the building envelope and top of slope within 180 days of this approval. This survey will be recorded prior to the submission of a building permit. Section 3: F]lis resolution shall not affect ally existing litigation and shal] not operate as an abatement of any action or procceding noli pending under or by virtue ofthe ordinances repealed or amended as herein provided. and the same shall be conducted and concluded wider such prior ordinances. Xection 4: 1 fan> suction. subsection. sentence. clause. phrase. or portion ofthis Resoilition is for an> rea.son held invalid or unconstitutional in a col.irt of competent julisdiction. such portion shall be deemed a separate. distinct aild independent provision and shail not affect the validity ofthe remaining portions thereoR Section 5: Al] m.ilerial represent.ilions und conlinitil~lents made by the Applicant pursuant to tile development. proposal approvals as herein awarded. whether in public hearing or docuinentation presented befure the Planning and Zoning Commission. Lire hereby incorporated in such plan development approf als tuid the same shall be complied with as if fully set forth herein. unless amended by an authorized O r, 1 T tâ€¢ LilliLÂ¥. Al'PROVED by the Commission at its meeting on April 4,2017. APPROVED AN TO FORM: PLANNING AND ZONING COMMINSION: 4. , 1 j Â£ 1 1 / /// /'lanies R i I'lle. City Attorney Skippyle ..i?bu R[fifil~0'3-~-1Â»0-1.._-cau ATTEST: /7./â‚¬/ K i 4 14, f it: CmdyÂ·Kiob. Records \,lanaizer Altachinents: Exhibit A Application Drawings 4 L I Â»-hes.I"-et/Â»Â«4,â€ž4 '36 ./. 1 1 ' 1 i ' 12. . . 1. 1/ 1 , I. 1 Â· ' .Z e 4 li *1 IiI . i i l.3 - i b'% 1 I ... I .. ./ I &; 6 .~ 2 24; 4 li I ..1. 9,4 CANOPY HOUSE CANOPY HOUSE : 21 t. :' ; 1Â¥Nâ€¢ 1 . ./11Â«.1 ;Ill I,% .Brupri 'w . . WL W . 1 1 11 ? 1 -12 1 1 i. il -i :! 1+ - ./ 11 ' 1 ... ' 1 1 .1 11: lilli r, 1.1Â·-11 i .iÂ·Â· 1 44Â·Â·% f 4 ~'vi " .-' . ..: Â·7 $, ....... 1 1 .... L. 1 11. I :. 1 Â· Â· . t *tyÂ©t,t libl 11, , 1 4 47-.MÂ·:Â· AR~*. i.:..Â· Â·. f' Â· Â· 41;.AL. .MATer..kilt:,t..9 20-4 - c. .fift.f.,ji,~i;}iÂ·if:~ii@27&44Â·~'~~?;P).:;Â·..j:~14 Â·).~.,Â·j~~" 949 y ... - I<..AL. .kt.2. 41:,#44.~ 4Â£Â¢.QÂ¥* f;:14Â·. 2C-k,959.3.-1;.%.. 494 -"t . .. Â·t. 1 147N* tÂ· f.12Â·* 3. 4 tâ‚¬, . i e.. Â·Â·â‚¬. . . ' 4,- V t.;,iy/'Al:?*4&*&4v*3Â·.~r~Â·Â·Â·. ..Â·: ~. . .. C\\ .Â·:f.'-- g t- izz--32**2~'#.'.4,Â£/'/i'~.GSA<-::: - ' f f b.t k :.- 12*<-.... 1,++44 t.k Â·. c J.}3}~.121$*: i'FI.'.lt,~f.7:.I.j<t:.:1 i.....0.3,2... . ' -2.A-XÂ¥ Â·i'L ~ lhv.Â·:Â·Â·Â· 'Â·'~~ ~~~ ~Il '~0~~ ~ M. tr, 1- :,; *,13.347 2,~.. 1 6.-. Â·,Â·,~ li..4.-4~ - ' 4. 9#fjk .ji L .4,Â£;4*'Â·,''.2 I .'Â·- t] 09,7/1. . 46 5 .:' â‚¬:1, I- 4 7.:%1Â·Â·~''l'~ - /- Â·" , Nk .,1 11 - '1 1. t f +4 J JI }U[ ] AU L.HN V J 1 3 1 IUM Ad U INV J ATTACHMENT 3 for children under the age of six (6) years with stated educational purposes operated in conjunction with a public, private or parochial college or a private or parochial school; except that the term shall not apply to any kindergarten maintained in connection with a public, private or parochial elementary school system ofat least six grades. The term shall not include any facility licensed as a family child care home or foster care home. (See Supplementary Regulations - Section 26.575.080, Child care center). Coffee Roasting Facility. A facility for the processing and packaging of coffee beans for distribution and secondarily receiving the public and engaging in retail sales on a limited basis, which shall not prohibit onsite beverage consumption. Commercial kitchen. A commercial establishment producing or wholesaling prepared food items with no on-site consumption but which may have retail dispensing with no seating or wait service. Commercial parking facility. The use of a parcel or structure for the short-term parking of automobiles as an independent commercial venture. Lease periods of less than one (1) month shall constitute short-term parking and shall be considered commercial parking facilities. Leasing of off- street parking spaces to tenants, guests, patrons or the general public for periods of one (1) month or more shall not constitute a commercial parking facility. When the use of off-street parking spaces by tenants, guests, patrons or the general public, is accessory to an on-site business or operation and is not an independent commercial venture, the parking shall not be considered a commercial parkingfacility. Commercial parkingfacilities may require conditional use approval or special review approval in some Zone Districts. Public parking facilities owned by a public agency shall be considered "public uses." Commercial use. Land, structure, or portion of a structure intended to support offices, retail, warehousing, manufacturing, commercial recreation, restaurant/bar or service oriented businesses, not including lodge units or hotel units. Commission. The City of Aspen Planning and Zoning Commission. Consignment retail establishment. A retail establishment in which the operator sells second-hand goods as a third party agent between the buyer and seller. Contiguous. The sharing of a common border at more than a single point. Lots, parcels or boundaries may be considered contiguous where separated by private rights-of-way, water courses or water bodies situated between them. Cul-de-sac. A short local street terminating in a vehicular turnaround. Day care center. See "Child Care Center." (See Supplementary Regulations - Section 26.575.080, Child care center or home.) Deck. An outdoor, unheated area appended to a living space but not intended for living. Demolition. To raze, disassemble, tear down or destroy forty percent (40%) or more of an existing structure (prior to commencing development) as measured by the surface of all exterior wall and roof area above finished grade and associated assembly and components necessary for the structural integrity of such wall and roof area. For the method of determining demolition, see Section 26.575.020(E), Measurement of demolition. Demolition shall also include the removal of a dwelling City of Aspen Land Use Code Part 100, General Provisions Page 20 Paint your own ceramics, arts and crafts studio. A workshop that includes the making, glazing, firing and/or painting of ceramics by hand or involving the use of hand tools or small scale equipment by the public, which may include accessory retail sales and office space for purposes directly related to the studio. Panel antenna. A flat surface antenna used to achieve transmission or reception from a specific direction. Parcel. An area of land which is capable of being described with such specificity that its location and boundaries may be established and which has been or may be developed as a single unit of land. Park. A publicly or privately owned area of land dedicated to active or passive recreational uses or as a refuge for wildlife. Park maintenance building. A building used in conjunction with the operation or maintenance of a park, including, but not limited to the storage and repair of park vehicles and equipment, greenhouses and offices for park personnel. Patio. An outdoor uncovered, at-grade space which may be paved or unpaved. (A "covered patio" not connected to any other building is considered a Gazebo.) Person. An individual. business, corporation, partnership, government or government agency, limited liability company, trust or any other legal entity. Pharmacy. A commercial establishment engaged in the retail sale of prescription medicine, with no on-site consumption, and subject to State licensing allowances and restrictions. Planned Unit Development (PUD). A zoning designation used prior to the adoption of Ordinance 36, Series 2013. replaced by the provisions of Chapter 26.445 - Planned Development. Plat. A map or plan with written provisions that is prepared in compliance with this Code which, when approved by the City, is recorded in the Clerk and Recorder's Office of Pitkin County. (See Supplementary Regulations. Chapter 26.580, Engineering Department regulations). Plate height. The point at which there is an intlection in an interior wall, where the wall meets the ceiling of the room. corridor or other space. Where stairs penetrate the ceiling of the room, corridor or other space, plate height for that space shall be the height of the immediately adjacent ceiling within that room, corridor or other space. Porch. An uninsulated, unheated area under a roof, enclosed on at least one side by an exterior wall of a building and open on at least two sides to the outdoors, with or without screens. Preapplication conference. A meeting between a potential land use applicant and/or their representative and member(s) ofthe Community Development Department held prior to submission of a land use application where aspects of development regulations. review criteria, review processes, application contents and application fees are discussed. (See, Common Development Review Procedures - Section 26.304.020. Preapplication conference.) Primary Care Physician's Office: A physician's office, where the sole use is the delivery of primary care medical services that shall include one or more of the following areas of health care practice: City of Aspen Land Use Code Part 100, General Provisions Page 33 Street, unopened. A public or private street that while depicted on a plat, map, right-of-way or other document has not been engineered, installed and/or approved for use by the City. Structure. Anything constructed, installed or erected which requires location on the ground or is attached/supported by something on the ground, inclusive of buildings, signs, roads, walkways, berms, fences and/or walls greater than six feet (6') in height, tennis courts, swimming pools and the like, but excluding poles, lines5 cables or similar devices used in the transmission or distribution of public utilities. Structure, detached. A structure not physically connected in any manner to another structure, above or below ground, exclusive of utility connections. Subdivider. Any person or entity that divides or seeks to divide land into two or more lots, parcels or other units of land. Subdivision. A land use action as required by Chapter 26.480 - Subdivision. Subdivision agreement. A recorded document between the City and a project owner/developer describing an approved subdivision, the associated regulatory approvals, financial assurances for physical improvements, timing of improvements, acceptance procedures for improvements and noncompliance provisions and any other requirements of the land use approval. Subgrade area. An area below the natural or finished grade of the ground. (See, Supplemental Regulations, Subsection 26.575.020(A), Floor area) Tattoo parlor. A business establishment principally engaged in the business of creating indelible marks or figures fixed upon the human body by insertion of pigment under the skin. Temporary use or structure. A use or structure that may or may not be permitted in a given zone district, but which may be allowed on a nonpermanent and temporary basis upon review. (See Chapter 26.450, Temporary Uses.) Timeshare lodge, development or unit. A lodge development, building. or unit, or dwelling unit the title to which has been, divided either into interval estates or time-span estates as defined at Section 38-33-110, C.R.S., as may be amended from time to time, and that has been approved pursuant to Chapter 26.590, Timeshare Development. Timeshare use. A contractual or membership right of occupancy (which cannot be terminated at the will of the owner) for life or for a term of years, to the recurrent and exclusive use or occupancy of a dwelling or lodge unit on some periodic basis for a set period of time that has been allotted from use or occupancy periods into which the dwelling or lodge unit has been divided. Top of slope. A line generally running parallel to a stream or river from which development must be setback and which delineates the bank of the river or stream or other riparian area as determined by the City Engineer. Townsite or original Aspen Townsite. Land depicted on the City Incorporation Plat of Record, dated 1880. Parcels of land lying partially within this area shall not be considered within the original Townsite. City ofAspen Land Use Code Part 100, General Provisions Page 36 ATTACHMENT 4 , ... I * . - L- . 0 m.2 - -- 2: .7 . . V - -./ . 4 Â· , ' r .-*.' 1 dpi . t.. - i....I- * .1 er.r - .*C- *f C . ,-- -3.1~. *.. 41'le. , -*. . I ' - I.:I . .-*. . : 1 Â£4'r =A-4 Â£ / Cru~~2* =S, I ,4-9.- .' -52 -- I & I - 1.r ' . 632.-il,g - r -7 'It... 1 '' .= '2* . 7;91*- 27â‚¬:14 "PA. 1 A ) V .9 2.7 . , L ..2 r r 1 1 6- S ; 44. Â¥ 1.,1, - .... 4 . . 0 . i i . 44 ' N . ... f Â¥36% 3. % - ' / f'bÂ¥'Cia i k'' 1 '% 1 *1 1 .. 2. z 2 *2#.4 Â¢ i A, A A 4 1v 2 ATTACHMENT 5 r--1 - f M I. Â» DAVID 10/NSTON ARCHITECTSÂ·, /1 .(1 1 1 L/-1- t 119 Wth .ill. .Ir 20' Awel . 41611 T[t 9~0-9~-3â€¢# fA~ 970~)0.86 | EA~ Â·~. (1 NORTH ELEVATION gsâ„¢A-=rut.el.lam,k-.D, 1 1 -,CÂ·ell .....Ct~Z~ .11.= . 49=21 ..... ....*- I t 11 t' ''59 1-~ J. I f 4/..9/ ./ 7 - r. - ; 1-1 L.:1 -.Iit,5:la,/Agg ,L 8 - i t - -31. -_ 0_66- 114 11 -1 - 9 ---. 66 - -- + I I~ ~~ â€¢~I ~ ~I~ i n, 4, BIN* , ... ' â€¢.I/4 ~ WEST ELEVATION <7 EAST ELEVATION 42/ soi, 11Â· -,e . r A . .. .- a -MS@le DRAWING ISSUE . F inh W --0-4 .1 4 * 'i tqw-63 LJ j'LIU ./ 11 2, .- j.1 ELEVATIONS 2 PRO./.0 IG09 ORAWNIff Cpr 11 SHEET No. <71% SOUTH ELEVATION 11.0 3NV1 ADVHS DS 3SAOH AdONVO /Users/collinfrank/Desktop/SHADY LN_2017.02-20_C.pin Tuesday, April 11, 2017 9 06 AM 475.93 sq ft 1,978.78 sq ft 4. ARCHITECTS. CRAWL SPACE 4 y DAVID JOHNSTON 19 South Spnnik e:*b 25 ~ m~Ea~ a Â»0 8 r....1 /j .-' Ajeel. CO 8Â·61Â· 7, 9-925-31â€ž ax 97~920-2186 <-h BASEMENT AREA FLOOR PLAN PROPOSED <-1, 50/ 1.- .]0Â· ~ -E -V=-*I' If, I 'PEM/doe-a EDGE OFROOF(MAH. ...M l BOGEO~MAIN+IO0H0V~RHANGA8(Nil 1 /1 0 ' DECK' 54.79 sq ft -t y D+CK: -1 1111# 4 r 1 1 11 1 :4 -7 1 C-*U 633.66549 2.43353 suit .ej e L j db a 8 -% r lu gE_;1 -Grl i'-13 pri- [ Z 1=rE ~ 8 as EDGEOF ELEVATED m8(M 1 I Mi-t [1 i: 1 5 1 1 W ...'00+OWHHANGABOVE_T EDGEOFMAINRDOR* MANG*8~8] r 1 A < T T' I 1 I ' I 6 60 J '.E Or ELEVATED AUTO COURT ABOVE J 1 F) LOWER LEVEL AREA PLAN PROPOSED LL) SCALE T. - 1 -0 ED(* 0~ Root A9Ov~ , â€¢33.36,q~3EY0ND<NERHANG - 1 + ..4 ,1 3414 T40Â¢AR GARAW DRAWING ISSUE .t r-*-AU CONCf P~ DENG' .1/17 60136 / f 0 1-1&1 11 - pt.1 e ~] 1 203 4 1 X 1 7 i t -- n 1 ' ~Â»1111 9% 0 ICK 2 . f .1 1..:.... 1 A PAOJECT No 1609 31058, I DRAWN BÂ¥ c. EDGE 028.FABOVE J ' 9.4' 9 I ..ND OV~RHAN(i J 1 ,~11 C : 11Â·111.1 '11 ' 1. FDOE 0f~0(*ABOVE J SHEET No. I 1 - Z.3 (1 MAIN FLOOR AREA PLAN PROPOSED C L 1 SCALE 1/0 - 1 4 3SAOH AdONÂ¥3 /Users/collinfrank/Desktop/SHADY LN_2017-02-20_C.pin Tuesday. April 11, 2017 9 52 AM - - -- ARCHITECTS., DAVIDIOHISTON 195ou/Sprin,5/ I# 0 B 5~ GMHl,1 q00' FAX 97%A l HG Ul':â€¢1 Â·Iw~ 4 -.- m. Far.,M.4 ~ ROOF AREA PLAN PROPOSED 6 ./ t.'.0.,flop" 1 4 J ..1/8 - 1 . rl #",M' 0 FLOOR AREA CALCULAMONS CITY OFASPEN ZONINGSUBMISION 54 SHDAYI ZONE R-30 PARCEL NUMBER 273707200026 LOTAAEA 1949.F Al:OWAIE F'.OORAREA 4769 PROPOSED BASE~NT LEVEL EXPOSED WALL CALCULAMONS MAIN LEVELWALLLABEL TOTAL WALL AREA (. m EXPOSED WALL AREA ISO FT] 100 TOTAL(5(lm 2,904 '00 EXPOSEDWALLAREAPERCENTAGE 3. BAIMENT I FVA A MR ARFA rAI Ct,1 AllONf |/A IF;11 1 BASEMENT LM,1&1 Ft) | I..78 | ./ 1 CRAWLS.ACE 1 4.93 1 000 1 BAWM ENT LEVEL COU NTABLE FLOOR AREA (Sa FTI | 1.978.78 | ...| 1 OWER LF,Fl FLOOR AIA CAKULAROIA | | LOWER LEVEL(Sq fl] | 2,433.53 | 1433.53 1 LOWER LEVEL COUNTA8LE Fl{)OR AREA [SO m 1 7 -li. 1 2,43353 | MAIN I F.71 8 nOR ARFA CAI / 11 AND. | | | MAIN 1 MI 1/ CIr I 7 131 31 I 2.13131 1 GARAGE ITWO STALL) 1 50136 1 12568 1 MAIN LEVEL COUNTABLE,loOR AREA (50 FT] 1 2'.2,67 1 7 N.99 | IDECKIPAno ABOVE GRADE FLOOR ARFI 19 Ptl | | | DRAWING ISSUE 1 348 29 1339G CONCEPTUAL DEgON .'1/17 2 31058 119 45 3 4694 000 4 .33 0,00 5 633.06 0,00 6 54 79 000 7 460 53 46053 DECK AREA [50 Al 1 1,901.1, 1 713,34 1 15% OF ALLOWABLE FAR 171051 1 -NG | | 1 rOVERED FRONT PORCH 11668 . FAR OVERHANG 1 3422 0 ~FRONT PORCH AREA [50 m I i m go I ..00 1 .OJF' No }609 TOTAL EXMTING A nOR ARFA rA, r, 11 AnrÂ·*19 DFM' m WENT LEVEL FLOORAREA ISq Ft) 1,978.78 6814 LOWER.EVEL~LDOR AREAISqÂ¢/ 2,43353 243353 MAIN ./ ROOR AREA I. Fl 2,63267 2.25609 DFCK/PORâ‚¬HFICOR ARFAI~i,Ft; ooo o SHEET No. TmAI Fl Or]R ARFA rAI fill ATIn,15 7,045 4.758.86 Z.4 -11 .... 3SAOH AdONVJ 03'NldSÂ¥ 1 3NV-1 ADVHS *9 /sers/collinfrank/Desktop/SHADY LN_2017-02-20_C.pin Tuesday, April 11, 2017 9 52 AM : P. lAi . \ \ 41 L / Al \ . 6.-A , ) 1 : , 7 i / 0 34 M-1. 1 DAVIDIOHNSTON ' ARCHITECTS.Â£ / I ........ ' 1 -- - - -- jr 1001-/f U Awen.. 8 Bl 1, i / FA, 97&9Â»218â‚¬ 1 -- a /--a- ..1- L 1 li 1 i " <1 ' f 'l i ,rl J , 1411 / I. ..66-* - ' , I rlig ;22. Yl 2 1 4, ~ -- i 4 2 1 , r: r- -.'- , 1 \:11 \ t\,2,\\\41>to,--1--3--- fgy.' 7+ i 1 4, 4- i -1 -ff\\ i-\\ 6y - 0 1 Aili , // - - C/- . xt./.a,/ /7 11 i Ii ~ -~ 1 \ / Ft '''f 1-rfit it \LY ,~~i .Â·--1#7;iE,Fd--.79.- 1 1.1 L-1%-~4 i H C. y 0 â€ž @@ -----11 -6---- i i 1 1 -, 11 1 4 '1 4-_L-'.'22-2 I 1%11 / .~ -\ 1 ' -~_1[[i~] f~ ' // t--i . f 1 1. 1 I . ' i ~u l.LI - - 1 'L 7-- 13 ~-a,2.';,1 1 I ... ..4 _al WD. -UM--1 -~-2,%.,1 / - O I . 54 SHADY LAN~ - 0/7 -11,1 r -Z , , / - 9=13 :W+L 14â‚¬4 1 /" 11 /. 6.1 1/ - 1===,li r.- \ i I. M 1 I -- -t- El,ZE Ld:,,41,- ' -7 . i: '1 ; I. 022 li ~ 11 1 1 1 .. ly .)-/fa"111 1 Z '/Â·r.Ill'A. lu kli L/ 1 LU 11 ....4 6-1-3 1 5 ~-'11-6 h-- ~__|[ I i j f Il 1 11 ~] i i IiI % \ Wr/.9 + / 1.-7 I 0,r-*k/669 - - , ~- ;3 ~46~\\ \ If , 1 It ,/ , / 1 '11\ / - 1 I t, i \t ; I â‚¬iâ‚¬*mer Â· , / A ,/ P l :- 1:*wAY- L - . 0 . , \ l:.. . // \1 / / \ i.454/ . ~9 0 7 /2/ 1 1 1 i 1, j .â€¢ I.-.'~TRE'#Id. ...2 \.4 'Ag43* IM*GU. 34:fh/ i . ./ 0 .' -<-- r rcrly'lo- c.,Â»,41. N. 1 5// r i. 1 l r // . I . / ; . IA~ = 44'I, r , M / 1 i hi . 1 i 1 ISSUE \ I \ / / ./040 1 1 1 & 1 1 -' 1 \ \11 i,,1 t,Al 1 \ / 1 0 / \ 1% i i \ It 1,1 1& . / / 1 / 9 51Â·[E PLAN I PROPOSED I t 1 lAi i.\ // / 1 1:10 PROJFIND 16[)9 1 11 1 1 / i 1 1 / DR,WN MY Cpi 4 $ -- / / / 4 / / \ 54: / SHEET No. ' SHADYLANE / PROJECT \11- 0 NORTH F - SITE PLAN I PROPOSED I 1/8" SCAIF 1 . O AdONÂ¥3 0-/G /l~~Ilinfrank/Desktop/Stl~Y LN_2017-02-20_C,pin Tuesday. April 11, 2017 9 52 AM /Users/collintrank/Desktop/SHADY LN_2017-02-20_C.pin Tuesday. April 11, 2017 9.52 AM E EM ED + L 0-< 9-- 1 f 112 7 i G [-] . ZE FEE. [-] -1 - ~UfFIt 11.k /, 1 rif~ 1 - ~' - t J=:=:-- . ~ 1 4.1.-\ i X B 8 4 ) F \ 0 1 1 -CIEJIJCJ=J- . \U 3=71 1- 61 - ALLjl 1 EES.~ /3333353333Z DEDIDEDDEI 7 " ii;il evil A H - /\111 1 L_Ed Ir. HEES *EFEELIBUDGEGEE - 17 1- .1 1 1 .Fi:;333333333322'02. ific ... -IiI d 0 -4 1 I //2.--E.ZEZZE./.bEEe 1.4 111 1 ith 1 84* to 21 El I W. 3 :2 2 CANOPY HOUSE â€¢ 90 5 . 51984 54 SHADY LANE I ASPEN, CO Â· %1- # J - 1341' k!341 G BASEMENT/FOUNDATIONS ON 133HS .SSI INIM D:110 1 HNSTON O.I:1 Lilill| 1~ ~ DAVIDIOHNSTON 06 4{I .110/Le: 1 ---------------- ARCHITECT 5, 19 South Â»nng k ./203 FAX .f*9201-218E TE' 970-94/3444 Li./A &4.- ia.. I.... il . 'jÂ®em 4- - ~0 Ej --- 1 1 . '- 77-7.-) 7-h U44 L.il ~10* 1 '4 + I. --P61Ii- -~-~ CN ~__---4. r--- ~'---- ----2" ~-J------ ->1 'ce.TUE /,1... Ii.i. rnle/1.i.... dolf. 1 - 3 ! %4' 1 1-111 -p .L ' I. 11 '. 1 e.â€ža'*4't.- , 1/ 1 1 1 '' 1 1 ./Inpcmdr= **Â·i,g.A :rl #'.Â»r . -<1, 9, - '-t--i~o' u'll. 1. Gllay M. lv 0 * I ' n .. Z... 1 3**3*1 --t ...1/ . 1,-:.1,1 1- - 9.1 ..al- 0- (h MAIN LEVEL 1-1 1 DRAWING ISSUE CONCEPr. Df516. ./ FLOOR PLANS PMOJETNo 16D9 DRAWN 0Y 04 SHEET No. /2\ ROOF PLAN =- 3.2 ' 0 ) .....6-- C. 3SAOH AdONVO 03 'NEdSÂ¥ 1 3NVI ADVHS +5 Users/collinfrank/Desktop/SHADY LN_2017-02-20_C.pin Tuesday. April 11. 2017 9 52 AM ATTACHMENT 6 SHADY RED MOUNTAIN, LLC c/o Aspen Real Estate LLC 623 East Hopkins Avenue Aspen, CO 81611 (970) 920-1280 May 9, 2017 City ofAspen Community Development 130 South Galena Street Aspen, CO 81611 RE: 54 Shady Lane, City of Aspen State of Colorado - Parcel ID No. 273707200026 Dear Sir/Madam: Please accept this letter as authorization for Richard Y. Neiley, Jr. and the Neiley Law Firm, LLC, aspenlaw@neileylaw.com; Alan Richman and Alan Richman Planning Services, Inc., arichman@sopris.net; and David Johnston and David Johnston Architbcts, david@diarchitects.com to represent Leila, LLC in connection with Land Use Applications for a Residential Design Standards Review, Staff Determination regarding FAR and related land use reviews and approvals for the above-referenced property. SHADY RED MOUNTAIN, LLC By ---~2%00~0,8,~ti-- Mark Friedland, Manager Aspen Real Estate, LLC, Manager of Shady Red Mountain, LLC ATTACHMENT 7 CERTIFICATION OF OWNERSHIP The undersigned, Richard Y. Neiley, Jr., an attorney licensed to practice law in the State of Colorado, Colorado Attorney Registration No. 9878, hereby certifies as follows: 1. The owner of the real property located at 54 Shady Lane is Shady Red Mountain, LLC, a Colorado limited liability company. The Deed vesting title to the owner was recorded on April 18, 2017, as Reception No. 637693, is appended hereto. 2. There are no mortgages, judgments, liens, easements, contracts or agreements affecting the use and development of the subject real property or that could conflict with the approvals requested for the property. 3. The address of the property is 54 Shady Lane, Aspen, Colorado 81611. The Parcel ID No. is 273707200026. 4. There are no mineral reservations and there are no third parties who own any mineral interests in the subject real property. 5. There is legal access to the subj ect real property via Red Mountain Road, a public right o f way. 6. The manager and authorized representative~f~Shady Red Mountain, LLC is Aspen Real Estate, LLC. The manager and authorized representative ~1>Â·AApen Real Estate, LLC is Mark Friedland. A Certificate of Authority is appended hereto. ltICHARD Y. NEILEY, JR. STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD ) 9 921 The foregoing Certificate of Ownership was acknowledged and signed before me this 1 - day of May, 2017, by RICHARD Y. NEILEY, JR. WITNESS my hand and official seal. 1 - F<7 My commission expires: e Â·c.3 4 -- ,=f C '1 CONNIE A. WOOD NOTARY PUBLIC Notary Public STATE OF COLORADO NOTARY ID #19944009825 My Commission Expire June 24, 2018 1 11...1111...11 RECEPTION#: 637693, R: $28.00, D: $835.00 DOC CODE: WD Pg 1 of 4, 04/18/2017 at 04:21:52 PM Janice K. Vos Caudill, Pitkin County, CO After recording return to: Attorneys Title Insurance Agency ofAspen, LLC 715 West Main Street, Suite 202 Aspen, Colorado 81611 .9/ 07> r j u 4 1 265 GENERALWARRANTYDEED 9 b -, 1 THIS DEED is dated 18 April 2017, is granted and made by and between LEILA LLC, a Colorado limited liability company (the '*Grantor") and SHADY RED MOUNTAIN LLC, a Colorado limited liability company, whose mailing address is: c/o Aspen Real Estate LLC, 623 East Hopkins Avenue, Aspen, Colorado 81611 (the "Grantee"), WITNESS, thattheGrantor,forandinconsiderationofthesumof Eight Million, Three Hundred Fifty Thousand, and 00/100 U.S, Dollars ($8,350,000.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's successors and assigns forever, all the real properly, together with any improvements thereon, located in the City of Aspen, Colorado, described as: A tract of land situated in the Swl/4 NWi/4 of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, more fully described as follows: <.C 0 Beginning at a point on the Easterly right-of way line of the Denver & Rio Grande 93 24 Wester Railroad (Aspen Branch) whence the West Quarter corner of said Section 7 \~~ 0 bears West 602.4 feet; thence East 214,6 feet to the Westerly right-of-way line of the Red Mountain Road; N thence along the arc of a curve to the right, the chord of which bears N 12056' E 215.5 ~ ~ feet to the center of Hunter Creek; thence Southerly along the center of Hunter Creek, along the arc of a curve, the ~k chord of which bears S 68Â°02'040 W 296.19 feet, to the Easterly line ofsaid railroad Q 6 right-of-way; tz NP i thence 08057' E 90.6 feet along the Easterly line of said Railroad right-of-way to the 1 point of beginning. EXCEPT that portion of the above described property as conveyed to The Board of County Commissioners of Pitkin County in Deed recorded December 31, 198~in Book 554 at Page 159. h~ ~ TOGEI'HER WITH a parcel of land situated in the SWi/4 of the NWi/4 of Section 7?~33 Township 10 South, Range 84 West of the Sixth Principal Meridian, more fully .3.* described in the Quit Claim Deed, dated November 2,1993, and recorded November 7 ~ 2, 1993, in Book 729 at Page 114, as Reception No. 462765. Beginning at a point on the Westerly line of Red Mountain Road whence the West th Quarter Corner ofsaid Section 7, Township 10 South 84 West of the Sixth Principal N g Meridian bears S 80Â°26'18" W 829.66 feet; h. Thence 17.0 feet along the arc of a curve to the right, having a radius of 218.33 feet, 1 the chord of which bears 23'12'01" E 17 feet; thence S 64034'Of E 13.00 feet; thence 15Â·99 feet along the arc of a curve to the left, having a radius of 205Â·33 feet, the chord of which bears N 69Â°01'53' W 15Â·99 feet; thence 69Â°01'53" N 13.00 feet to the point of beginning, Pitkin County, Colorado. Also known as: 54 Shady Lane, Aspen, Colorado 81611 / 6, - 3â‚¬.5-2- HRETT PAID C~~~2Jr-1Z5gN N)dSÂ¥ =10 All RECEPTION#: 637693, 04/18/2017 at 04:21 :52 PM, Pgs 2 of 4, Janice K. Vos Caudill, Pitkin County, CO GENERAL WARRANTY DEED Pitkin County, Colorado Leila LLC to: Shady Red Mountain LLC TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, rights, titles, interests, claims and demands whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and the Grantee's successors and assigns forever. The Grantor, for itself and its successors and assigns, covenants, grants, bargains, and agrees to and with the Grantee, and the Grantee's successors and assigns that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above conveyed; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except taxes for 2017, not yet due and payable, and: 1. Right of way for electric wires across the Si/2 NWi/4 and the NEi/4 SW 1/4 of Section 7, as granted to James H. Devereu, as described in the Quit Claim Deed, dated October 18,1886, and recorded January 20, 1887, in Book 29 at Page 582, as Reception No. 018020. 2. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as described in the United States Patent dated October 28,1902, and recorded December 24,1902, in Book 55 at Page 116, as Reception No. 067875Â· 3. Terms, conditions, provisions, agreements and obligations specified under the Easement for Right of Way, dated March 30, 1904, and recorded April 25,1904, in Book 143 at Page 52. 4. Terms, conditions, provisions, agreements and obligations specified under the Private Way License, dated Februaty 1, 1949, and recorded in Book 180 at Page 360, as Reception No. 102374Â· 5. Easement for the Little Williams Ditch as set forth in the Agreement for Partition of Water Rights dated August 1, 1955, and recorded August 2,1955, in Book 180 at Page 387, as Reception No. 102731. 6. Terms, conditions, provisions, agreements and obligations specified under the Private Way License, dated July 15, 1959, and recorded August 20, 1959, in Book 188 at Page 366, as Reception No. 108447, and re-recorded December 17,1987, in Book 553 at Page 346, and Approval and Grant ofAssignment of Private Way Easement, recorded December 17,1987, in Book 553 at Page 343, as Reception No. 295895Â· 7. Any and all notes, easements and recitals as disclosed on lhe recorded Plat of Survey, recorded May 5,1964, in Plat Book 2A at Page 315, as Reception No. 117650, Page 2 of 4 RECEPTION#: 637693, 04/18/2017 at 04:21 :52 PM, Pgs 3 of 4, Janice K. Vos Caudill, Pitkin County, CO GENERAL WARRANTY DEED Pitkin Counly, Colorado Leila LLC to: Shady Red Mountain LLC 8. Mineral reservations are contained in the Deed, dated June 18,1969, and recorded September 11, 1969, in Book 243 at Page 217, as Reception No. 136967, and in the Deed recorded in Book 310 at Page 340, and in the Quitclaim Donation Deed, recorded June 2, 1976, in Book 312 at Page 560, as Reception No. 184209. g. Terms, conditions, provisions, agreements and obligations specified under the Agreement for the Construction of Road Improvements, dated December 29,1987, and recorded December 31, 1987, in Book 554 at Page 161, as Reception No. 296212. 10. Terms, conditions, provisions, agreements and obligations specified under the Emergency Ordinance of the Board of County Commissioners of Pitkin County, Colorado, Approving Friedberg Land Donation (Ordinance No. 87-42) recorded December 31, 1987, in Book 554 at Page 185, as Reception No. 296222, and an Ordinance ofthe Board of County Commissioners of Pitkin County, Colorado, Approving Friedberg Boundary Adjustment (Ordinance No. 93-03) recorded March 24, , 1993, in Book 706 at Page 872, as Reception No. 355180, 11. Terms, conditions, provisions, agreements and obligations specified under the Quit Claim Deed, dated November 2,1993, and recorded November 2,1993, in Book 729 at Page 114, as Reception No. 362765, and re-recorded November 3, 1993, in Book 729 at Page 337, as Reception No. 362829. 12. Terms, conditions, provisions, agreements and obligations specified under the Resolution of the Aspen Planning and Zoning Commission Approving a Stream Margin Review to Construct a 470 Square Foot Addition to the Single-Family Residence Located at 54 Shady Lane, City of Aspen, Pitkin County, Colorado (Resolution No. 26 - Series of 2004) recorded August 10, 2004, as Reception No. 500597Â· 13' Any increase or decrease in the area of the land and any adverse claim to any portion ofthe land which has been created by or caused by accretion or reliction, whether natural or artificial; and the effect of the gain or loss of area by accretion or reliction upon marketability of the title of the land. 14' Any rights, interests or easements in favor of the United States, the State of Colorado or the public, which exists or are claimed to exist in and over the present and past bed, banks or waters of The Roaring Fork River and Hunter Creek. And the Grantor shall and will WARRANT AND FOREVER DEFEND the above described premises, in the quiet and peaceable possession of the Grantee and the successors and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. Page 3 of 4 RECEPTION#: 637693, 04/18/2017 at 04:21 :52 PM, Pgs 4 of 4, Janice K. Vos Caudill, Pitkin County, CO GENERAL WARRANTY DEED Pitkin County, Colorado Leila LLC to: Shady Red Mountain LLC LEILA LLC, a Colorado limited ~l~:ity company J.j,ifp~fE defif' aging Member State of California ) . ) ss U County of (604 YV-BIAC#*0 ) The foregoing Warranty Deed, was executed and acknowledged before me on this /7 Â£Say of April 2017, by Jean-Pierre L. Conte, as Managing Member of Leila LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: ROV.Z.D, 20Â¢E A . wtio"r, 41.--> Notary Pdblic 6/ , '' ' Â· â€¢4'ISSI ~~~ Coinm,45, Â·Â· # 2 1 34509 Notar, 40[ e Calitorria 54" r'~,'.r..:,c-ounty Commwsion, 2134509 Notary Public Â· California ~ San Ffanct,co County 4 6 .,- - -3[9:t911555231~ Page 4 of 4 1111111 lilli lll'll'Ill lill ill'1111111111111111111111111111111111111111 lili RECEPTION#: 637692, R: $13.00, D: $0.00 DOC CODE: AUTH Pg 1 of 1, 04/18/2017 at 04:21:51 PM After recording return to: Janice K. Vos Caudill, Pitkin County, CO Attorneys Title Insurance Agency of Aspen, LLC 715 West Main Street, Suite 202 Aspen, Colorado 81611 STATEMENT OFAUTHORITY 1. This Statement ofAuthority is for the entity named: SHADY RED MOIJNTAIN LLC. 2. SHADY RED MOIJNTAIN LLC, is a Colorado limited liability company. 3. The current mailing address for: SHADY RED MOUNTAIN LLC, is: c/o Aspen Starwood LLC, 623 East Hopkins Avenue, Aspen, Colorado 81611. 4. Mark Friedland is duly authorized by SIIADY RED MOUNTAIN LLC, without limitation, to execute instruments encumbering, acquiring or otherwise affecting title to certain real property to be purchased by it in Pitkin County, Colorado, described as metes and bounds: undersigned on behalf of: SHADY RED MOIJNTAIN LLC. Also known as: 54 Shady Lane, Aspen, Colorado 81611. 5. This Statement ofAuthority is executed and delivered pursuant to C.R.S. Â§38-30-172, by the 6. This Statement of.Authority amends, supercedes and replaces in all respects any prior Statement ofAuthority given by SHADY RED MOIJNTAIN LLC. 7, The undersigned intends and understands that the representations contained in this Statement ofAuthority will be relied upon by third-parties, expressly including, but not limited to Attorneys Title Insurance Agency of Aspen, LLC, relating to the purchase of the described real property. SHADY RED MOUNTAIN LLC, a Colorado limited liability company By: Aspen Real Estate LLC, a Colorado limited liability company, Its Manager Mark_jfriedt*ndENfanager State of Colorado ) ) SS County of Pitkin ) The foregoing Statement of Authority was executed and acknowledged before me on 14 April 2017, by Mark Friedland, as Manager of Aspen Real Estate LLC, a Colorado limited liability company, the Manager of Shady Red Mountain LLC, a Colorado limited liability company. Witness my hand and official seal. N-7-cmn,I#XMDEEPEES BY C # (fi~J~l-LUU--n NOTARY PUBLIC Notary Public O STATE OF COLORADO NOTARY ID 20084004424 MY COMMISSION EXPIRES FEB, 6,2020 j Attorneys 11*e Agency o, Aq)- / 47 - 3 6 - 1.- ATTACHMENT 8 ~/ RECFIVEI MAY 1 0 2017 CITY OF ASPEN CITY u PRE-APPLICATION CONFERENCE **84Wly DE Â· 'EN SUMMARY VC.Lvi JENI PLANNER: Reilly Thimons DATE: April 11, 2017 PROJECT: 54 Shady Lane- Determination REPRESENTATIVE: Rick Neilly, Neilly Law Firm LLC DESCRIPTION: The Applicant is interested in an administrative determination by Planning Staff that will clarify whether a proposed elevated driveway and auto-court would be considered deck, and subsequently calculated towards floor area, due to the feature exceeding the maximum height requirements for a driveway as outlined in Section 26.575.020.E.5.q. Below are links to the Land Use Application form. A full land use application is not required, though an agreement to pay form and HOA compliance policy is. Land Use Application: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/AppsÂ°/020and%20Fees/ Land%20Use%20Application%20Form.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.575.020.F.4 Calculations and Measurements, Allowed Exceptions to Height Limitations Review by: Staff for complete application and determination Planning Fees: $325 - for one hour of Staff Review time. Referral Fees: None Total Deposit: $325 (additional/lesser planning hours are billed/refunded at a rate of $325/hour; any needed referral hours are billed at a rate of $325/hour) To apply, submit one copy of the following information: El Attachments 1 and 2 of the Land Use Application (Ag reement to pay and Land Use Application form) m Pre-application Conference Summary (this document). m Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. El Letter with a written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. Once the application is deemed complete by staff, the following items will then need to be submitted: Il Total deposit for review of the application. 0 A digital copy of the application provided in pdf file format. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. RECEIVED MAY 1 0 2017 CITÂ¥ or ASPEN COANUNITY DEVELOPMENT ATTACHMENT 9 ~ Permit No. COMMUNITY 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: Shady Red Mountain, LLC 920-1280 54 Shady Lane, Aspen, CO 81611 RECEIVED PID 273707200026 MAY 1 0 2017 CITY O, * 4/0 ':4 1, the property owner, certify as follows: (pick one) ONUNITY DEvELOPhIENT U This property is not subject to a homeowners association or other form of private covenant. U 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. E 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. I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: date: Owner printed name: or, - Attorney signature: date: 5/8/17 Attorney printed name: Richard Y. Neiley, Jr. November, 2014 City of Aspen I 130 S. Galena St. I (970) 920-5090 RECEIVI=r MAY 1 0 2017 CITY OF Air EN CO~UNITY DEVELOPMENT ATTACHMENT 10 m ' FORPERMANENT RECORD CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT, AcCEP f=I Agreement to Pay Application Fees MAY 1 0 20;7 An agreement between the City of Aspen ("City") and CITY OF p. :~ N Property Phone No.: 920-1280 (~Ury DEVELOPMEA Owner ("1" hshady Red Mountain, LLC Email: Address of Billing C/O Neiley Law Firm, LLC Property: 54 Shady Lane #1 Address: (Subject of (send bills here) 6800 Highway 82, Aspen, CO 81611 Glenwood Springs, CO 81601 application) 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 precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. 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 or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be 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. Ihave read, understood, and agree to the Land Use Review Fee Policy including consequences 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 for the processing of my application at the hourly rates hereinafter stated. $ 325.00 deposit for 1 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Property Ov~ML) Shady Red Mountain, LLC Jessica Garrow, AICP Community Development Director Name: City Use: Title: Attorney for Owner Fees Due: $ Received $ March, 2016 Citv of Aoen I 130 S. Galena St. I (970) 920 5050