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AGENDA
ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
TUESDAY, FEBRUARY 6,1996,4:30 PM
SISTER CITIES MEETING ROOM, CITY HALL
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II. MINUTES
ill. PUBLIC HEARINGS
A. Hernandez Conditional Use for ADU, Dave Michaelson - o...p(Jl'o vc.cL
B. 820 E. Cooper Conditional Use for ADU, Amy Amidon (continued from January
16, 1996)-Q.pprZl~l{
IV. NEW BUSINESS
A. Show Cause - Buckhorn Lodge, David Hoefer) den.cd..
V. WORK SESSION
A. Public Hearing Procedure, Attorney's Office
VI. ADJOURN
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Rhonda Harris, Administrative Assistant
RE: Upcoming Agendas
DATE: February 6, 1996
February 20 - Regular Meeting
616 W. Main - Landmark Designation (AA) (tabled from January 16, 1996)
918 E. Cooper - Landmark Designation / Public Hearing
MEMORANDUM
TO: Planning and Zoning Commission
THRU: Dave Michaelson, Deputy Community Development Director t,AA,
RE: Hernandez Conditional Use Review For an two Accessory Dwelling Units (ADUs) -
Public Hearing
DATE: February 6th, 1996
SUMMARY: The applicant is requesting conditional use approval to construct two ADUs located with a
main house and guest house on two separate legal parcels. The main house ADU is a below -grade unit of
approximately 478 square feet, and the guest house ADU is approximately 500 square feet on the ground
floor. The application packet is attached as Exhibit A. Staff recommends approval of the conditional use
for an accessory dwelling unit with conditions.
APPLICANT: Noelle and Cecil Hernandez, represented by Lipkin -Warner Design Partnership
LOCATION: 220 West Gillespie (Lots 35, 36 and 37, Block 90, Hallams Addition to the City
and Townsite of Aspen)
ZONING: R-6
LOT SIZE: Lot A (Main House) = 24,089 s.f.
Lot B (Guest House) = 9,975 s.f.
FAR: Lot A Lot B
Allowed = 4,269 s.f. Allowed = 3,282 s.f.
Proposed = 4,122 s.f. Proposed = 2,150 s.f.
BACKGROUND: The Planning and Zoning Commission has reviewed the project several times including
a lot split ("Moore Lot Split") and most recently a Stream Margin Review for both houses. In addition, the
design component of both structures have been approved per Ordinance 30.
REFERRAL COMMENTS: Please see comments from the Parks Department, the Housing Office, and
the Engineering Department (See Exhibit B).
Parks Department: Parks Department staff had previously commented on the Stream Margin Review.
Comments included conditions that any removal of trees will require a tree removal/relocation permit. In
addition, conditions of approval required that all remaining trees must be protected during construction with
no encroachment of the driplines during -excavation.
Engineering Department: Engineering requested that final development plans must show easements to
ensure no encroachments. In addition, parking spaces should be required for the ADUs due to the on -street
parking problems in the West End. The driveway design must be modified to meet City Code.
:,
Housing Office: The Housing Office has reviewed the project, and had the following comments:
(1) The unit in the Guest House is supported in terms of size and location.
(2) The unit in the Main House is recommended for denial based on the location of window wells for '
available light.
Since the initial referral, the applicant has revised the lightwells and entrance design to address the Housing
Office concerns. Cindy Christensen's memo approving these revisions are attached as Exhibit C. Revised
design for the Main House unit is attached as Exhibit D.
STAFF COMMENTS:
Conditional Use Review - Pursuant to Section 24-7-304, the criteria for a conditional use review are as
follows:
A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen
Area Comprehensive Plan, and with the intent of the Zone District in which it is purposed to be
located;
RESPONSE: A fundamental goal of the Aspen Area Community Plan is to "Create housing opportunities
for 60% of the workforce to live up -valley of the Aspen Village Trailer Park". A short-term goal with the
Housing Action Plan was to develop "650 new affordable housing units, including employee -occupied
ADUs to achieve the identified current unmet need to sustain a critical mass of residents". Staff notes that
an additional goal included the revision of the ADU program to require registration and deed restrictions of
all ADUs. The ADUs, as depicted, exceeds the minimum net livable requirement of 300 square feet. The
unit must comply with the Housing Guidelines and shall be deed restricted as a resident occupied unit for
working residents of Pitkin County.
The property is zoned R-6 (medium density residential). Lands in the R-6 zone are generally limited to the
original Aspen Townsite, contain relatively dense development patterns, and are within walking distance to
the central core.
B. The conditional use is consistent and compatible with the character of the immediate vicinity of the
parcel proposed for development and surrounding land uses, or enhances the mixture of
complimentary uses and activities in the immediate vicinity of the parcel proposed for development;
RESPONSE: The R-6 zone is a relatively dense zone district, which is appropriate for the development of
ADUs. In staff s opinion, the proposed ADUs do not represent an incompatible use, and the location in the
vicinity of the downtown core are consistent with long-term policies of community revitalization.
C. The location, size, design and operating characteristics of the proposed conditional use minimizes
adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking,
trash, service delivery, noise, vibrations and odor on surrounding properties;
2
RESPONSE:. Based on the revisions requested by the Housing Office, both units meet the overall
objective of livability. The main unit has been significantly improved with the addition of north and south
sources of light, and is now accessed by a covered descending stairwell. The guest house unit is an above -
grade unit with an exclusive entry (see p. 14 of application) Parking for each unit is provided by driveway
aprons in front of each garage, as well as head -in parking adjacent to the guest house.
D. There are adequate public facilities and services to serve the conditional use including but not
limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency
medical services, hospital and medical services, drainage systems, and schools;
RESPONSE: No additional infrastructure is required for the ADUs above and beyond what is in place for
the existing neighborhood.
E. The applicant commits to supply affordable housing to meet the incremental need for increased
employees generated by the conditional use;
RESPONSE: The ADUs must be deed restricted for resident occupancy. If the units are rented, they must
be used to house a qualified working resident of Pitkin County. -
F. The proposed conditional use complies with all additional standards imposed on it by the Aspen
Area Comprehensive Plan and by all other applicable requirements of this chapter.
RESPONSE: The proposed units are required by Ordinance 1, and must be deed restricted.
STAFF RECOMMENDATION: Staff recommends approval of both ADUs with the following
conditions:
Prior to the issuance of any building permits, the applicant shall comply with the following:
A. The owner shall submit the appropriate deed restrictions to the Aspen/Pitkin County
Housing Office for approval. Upon approval of the deed restrictions by the Housing
Office, the applicant shall record the deed restrictions with the Pitkin County Clerk and
Recorders Office with proof of recordation to the Planning Department. The deed
restriction5shall state that the accessory units meets the housing guidelines for such units,
meets the definition of Resident Occupied Units and if rented, shall be rented for periods of
six months or longer; and
B . Kitchen plans shall be verified by the Housing Office to ensure compliance with
specifications for kitchens in ADUs.
2. The ADU shall be clearly identified as a separate dwelling Unit on building permit plans and shall
comply with U.B.C. 35 sound attenuation requirements.
Prior to issuance of a Certificate of Occupancy,, the Planning Department shall inspect the unit to
ensure compliance with the conditions of approval.
9
4. All new surface utility needs and pedestals must be installed on -site.
5. The applicant shall consult the City Engineer for design considerations of development within
public rights -of -way, and the Parks Department for vegetation species, and shall obtain permits for
any work or development, including landscaping, within public rights -of -way from the City Streets
Department.
6. Prior to the issuance of any building permits, a tree removal and mitigation plan shall be submitted
for review and approval by the Parks Department. Tree removal permits shall be required for the
removal or relocation of any tree greater than 6" caliper.
7. All material representations made by the applicant in the application and during public meetings
with the Planning and Zoning Commission shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
RECOMMENDED MOTION: "I move to approve the conditional use for two ADUs at 200 West
Gillespie with the conditions as outlined in the Planning Office Memo dated February 6; 1996".
Exhibits:
"A" - Application Packet
"B" - Referral Comments
"C" - Revised Comments from Housing
"D" - Modified Plans for Main House ADU
N
-
t�l
2) i'roj ect Location
24)o vim. 401 c.L. Ssf?
E ATTACH a D L�ALI tESCOM l rM*
(iraicate street t address, lot & block rim ber, legal clescription uhere
���) -
Exhibit A
3) Present ZCrIi.rr_f I� " �Q .4) Lot Size LJM y ' 760Z. �1(o ,
5) Applicant's Nauya, 20dress & Prom r
-As ae N 0 C04 � 12
6) R.epresentative's Name, 20dress & Phtx� t �..•1 K WA A
2;IGs r 6v14 WT'A1E2SL4 t P 400 W • MA nV c9. SV I T e /00
7) Type of Application (please ct e k all that app1Y)
i
t Condltlonal Use Caxxptual SPA _
Special Reaviev
80,40 Greenline
Sftr� Margin
Final SPA
F1ral PM
.I'`�J-mta-m View Pla.i']e Subdivision
_ .iun.i.zati_on Te�ct/I�.ap Amer»._.tzt
Lot Split
tIrJt Line -
Adj USbDent
. eb. `17b I2® 1/42 X17
Final Historic Dev-
Minor Historic Dev-
Historic Demolition
Historic Desigraticn
C-, 5 .A3lotme—rit
8) Desc rapticin of Eci.sti. uses -(number and type of e.,astai structures;
apprcodmat:e sq- :Et-; rxmber of bectcocms= any p'z'vloLr-- aE)prOvalS granted to the
prC)-( Y)
vACoo AN r rICo u
9) Desca7iption of Develcpmeat Application
A t2L3 01-hohlAi-w Ue-S �44AVMAMI
qoljeC-
10) 1 tev you attactsed the follow rrr?
fResponse to Attadmner2, M i n i m an amiss ion Ccxztents
to Attactment 3, sp ,- is S�� ion con tents
-�� to A 4, Reviev Standards for YOur- 1ppliC.tion
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ATTACHMENT 2 '
Miniin.um Submission Contents - for All Development Applications
All Development Applications shall include, at a minimum,
the following information and materials.
V 1. The applicant's name, address and telephone
number, contained within a letter signed by the
applicant stating the name, address, and telephone
number of the representative authorized to act on
behalf of the applicant.
2. The street address and legal description of the
parcel on which the development is proposed to
occur.
NV 3. A disclosure of ownership of the parcel on which
the development is proposed to occur, consisting
of a current certificate from a title insurance
company, or attorney licensed to practice in the
State of Colorado, listing the names -of all owners
of the property, and all mortgages, judgments,
liens, easements, contracts and agreements
affecting the parcel, and demonstrating —the
owner's right to apply for the Development
Application.
4. An 8 1/2" -x 11" vicinity map locating the subject
parcel within the City of Aspen.
S . A written descr
iption 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_
attach2.applications
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R
HERNANDEZ RESIDENCE
Applicant's Authorization Letter
Noelle and Cecil Hernandez
P.O. Box 1045
Aspen, Colorado 81612
12/11/95
Aspen/ Pitkin Planning Department
130 S. Galena St.
Aspen, CO 81611
Re: Hernandez Residence
Lake and Gillespie
Aspen, Colorado
To whom it may concern,
By means of this letter we authorize Lipkin Warner Design Partnership to act on our
behalf in obtaining the necessary development approvals for our proposed residence at
Lake and Gillespie Streets.
ZZ
CECIL . HEAN' DEZ-"
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NOLv,E C . DEz
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HERNANDEZ RESIDENCE
Legal Description:
-FIJ,AT rAT 01= THE `oUTHEAST (�QU%\RTcK OF T.-i: T' ;OKT�d Er�T
0�`-C�Ur`\KTTE,K 0; Sff�TCH 12 10 `XiUT'r-i, ,� tDS
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HERNANDEZ RESIDENCE
Disclosure Of Ownership:
jr±i PON RCL CHK.G'
;1 Wx YaY
5 sYr i �C' :r. C U CfTi ]
Aspen/Pltkin cuurnunity
Develapr^,er.t Office
130 Soutj. Galena Street
Aspen, Colorado 816.11
LAW Cf'F:Cli�S OF
H-EivE_'�,Tl S. k=N
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A -.PEN. c:rLea��o e�5r�
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Decer,L 12, 1995
A.C, SC:!
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~t-� OColorado arzd hereby Cart.�.fies as fo1lo•:s
Title tc Lots & B, Moores Lot Split according to the Plat
tl.?meef recorded February 10, 1995 in .Plat Book 35 at Page 90, is
vested in Cecil M. Hernandez and iNcell.e C. Hernandez. Mr, and Mrs.
Heir1ande- acquired title pursuant to a Warranty Deed recorded on
Jun8 231 1995, in Bop;', 784, Page 292 of the records of Pitkin
COT--n tv.
`�' tln :LS 5li���°C�ti t� a t�Pt a a.� .1 pa reser-�a�.icra recordead in Book. 55
at Page 21 a waterline easeztten-tt recorded is B`o'{ 51- ar Page 965
(said being fi e fF)et in width); i :nd ali easements and
rictl:ts-of-way zn[ ct er �Lte.rs disclosed cn t:.e Plat of the
property referred to above.
141-. a._ 14rs. Flernazdez have the right, as ow _ers or the
praFe=tY, tc an f ,-)r the development conteruplatcd by
t5is application.
Please feel frame to call me if you have alcy further quest -ions.
Very truly you, s ,
HER3EIRT S . Ki T-N PROF: SS=0Npi
C0E -P0,RATICN
By s F`"-'�
Herbert S. Klein
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HERNANDEZ RESIDENCE
Vicinity Map
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The Hernandez Residence:
Written Description of Proposal:
2 - story, stucco, glass curtain wall and wood, single-family residence with a guest house
of similar composition.
Written Description of Compliance With Development Standards:
'A' - Consistency with the Aspen Area Plan and with the intent of the R-6 Zone district.
This project is a single family residence with a guest house which will be used year-round as a permanent
home for the owners. The project will also contain (and is the subject of this application) two (2) registered
and deed restricted accessory dwelling units (ADU). Both of which contribute to the overall goal of
enhancing the permanent community.
`B' - Effect on the character of the immediate vicinity:
The residential character of the existing neighborhood will be strengthened by the addition of permanent -
year round - residences.
'C' - Effect on the surrounding properties:
The immediate surrounding properties are all of residential use and will not be adversely effected by these
ADU's.
`D' - Public Facilities
All public facilities are presently available on the site.
'E' - Affordable Housing
This application is to provide two 'affordable housing' units.
`F' - Additional Aspen Area Plan Standards.
One of the primary policies of the Housing action plan is to promote the use of accessory dwelling unit
programs.
ATT ACC HE?.7 3
Specific Submission Contents: Development Application
for*Conditional Use
The Development Application for a._-.cond-. =ional use shall
include the following.'
V A- A sketch plan of the site showing existing and proposed
Features which are relevant to the review of the
conditional use application; and
F�. If the application involves development of a new
structure c_ expansion or exterior remodeling of an
existing structure, proposed elevations of the struc-
ture.
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Exhibit B
MEMORANDUM
TO- Dave Michaelson, Community DevQloptnent
FROM; Rebecoa Baker, marks D<tpartrneut
DATE; December 13, 15
RE: Hernandez Rc sidonce - Hallum bake Fluff F. SA Reviow
A
I have mviewed the application subrrlitted by Lipkin Warner un behalf of the I1cmandez
residence development. Thesubmitted landscape Flan does not sbow the size err species
of trees to be rcmowd or relocated. While this information is not required as a corWitian
of approval for this application, it is scrrlctimes helpful to the pmpw l.y owtcr to know the
process of a tree removal perrnit in the planning stages. All ooniferoL s trees over 4
inches in diameter or deciduous trees over 6 inchus in diameter (both irxc;asured 4 1/2 feet
above grade) require a free removal or reioWion petit prior to issuwice rzf a building
pennii. Iftl-ie, permit is granted for the removal or relocation oft=s then t jose trees are
required to he mitigated at comparable valtic,.
The only other comment in relatioft to the plwi is that all remaining trc-us must be
prctecled during construction to include no eaca,vilti.on within the driplim: of the trees.
Particularly, those. sprizcc trees along the driveway on [he west and the spru e to the nmih
of the guest house should have snow fencing placed around them to enst,re thoir
protection during construction.
k mandz.doc
JAN 30 '96 10:09AN ASPEN HOUSING OFC P.1
i 7. i "4 "co
TO: Dave Michaelson, Planning Office
FROX: Cindy Christensen, Housing Office
DATE: Caxivary 30r 1996
RE: HERNAND8Z REVIEW FOR AN ACCZS�ORY DW-ELLTNG UNIT
parcel ID No. 2735-121-21-001
TSSUE The applicant is asking f or ipproval tor two proposed
acceosory dwelling units -- one to be Iodated in the main residence
and one in the guest house.
BACKGROUND: According to the plans, thp unit located in the maiTI
house is to be approximately 439 square feet and be in the basement
of the main house, The other unit in the guest house ja to be
approximately 500 square fast and is to be located on the ground
f 10037,
- -in with the snit located in the
RECOIMNDATICK. There is no prob]e
guest house. This is a nice sized unit *nd is on the ground floor.
The Housing office would recommend approval Of this unit.
The unit located in the main house �s to be located in the
basement. The applicant proposes two light wells, one on the north
side of the house and the other on the south side of the house.
Although the light well on the south sido will provide light, it is
to be covered by a grate and will have the porch covering part of
it. There needs to be more natural light to this unit. The north
light well could help if it is done move like a garden window as
well as the south light well. Because.,of the above, th� Housing
otfice would recommend denial of thiEi- unit has it is proposed
today.
Both kitchens must also consist of a minimum two -burner stove with
oven, standard sink, and a 6-cubic foot plus freezer.
It is hard to tell by the plans if the kitchen falls under this
definition.
Should the units be approved, deed resitrictions must be -recorded
before building permit approval. Thij5 deed restriction can be
obtained in the Housing Office.
\refcvrft1\hernEmd.adu
i
MEMORANDUM
To: Dave Michaelson, Planning Office
From: Chuck Roth, Engineering Department e`�.
Date: January 28, 1996
Re: Hernandez Conditional Use Review for Two Accessory Dwelling Units
(400 W. Main St.; Lots 3-8, Block 2, Aspen Company Subdivision, aka Lots A & B, Moores Lot
Split; Parcel ID No. - not provided)
Having reviewed the above referenced application, and having made a site visit, the Engineering
Department has the following comments:
1. Legal Description - Note that state statute requires that a legal description contain the name of
the individual who prepared the legal description.
2. Easements - The application makes references to easements on the property, but the drawings
do not show the easements for confirmation that no construction is proposed on the easements. If
the application is approved, final development plans must indicate the locations of the easements
with no construction on the easements.
3. Parking - The application does not fully discuss parking spaces nor request parking space
waivers for the ADU's. The Engineering Department recommends that parking spaces be required
for the ADU's because on -street parking in the West End continues to be a problem both for
quantity and for snow removal. It is preferable to have an unused parking space on site rather than
not to provide for parking on site and have development parking needs being met on West End
streets.
4. Drainage - The approvals of the Moores Lot Split provided the condition that storm runoff
design meet the requirements of Section 24-7-1004.C.4(f) of the City Code.
5. Utilities - Any new surface utility needs for pedestals or other equipment must be installed on an
easement provided by the applicant and not in the public right-of-way.
1
6. Driveway - The property frontage along public right-of-way is a length of about fifty-three feet
(53'). The City Code permits a maximum driveway width of 10' for frontages of 60' or less. The
final development plan must indicate a driveway design meeting City Code.
7. Landscaping in the Public Right-of-way - The final development plan must indicate proposed
landscaping in the public right-of-way which must conform with City Code as discussed below.
8. Sidewalk, Curb and Gutter - The site is located in the West End where the Pedestrian Plan
does not call for sidewalks. Due to snow conditions, the extent of curb and gutter in the area is
unknown at this time. Prior to issuance of a certificate of occupancy, curb and gutter must be
constructed if appropriate and an agreement entered to construct sidewalk if required by the City in
the future. The final development plans must indicate a five foot wide pedestrian usable space in
the public right-of-way adjacent to the property.
9. Previous Approvals - Note that the approvals of the Moores Lot Split required that ADU's be
provided on each parcel and that development be subject to ESA review.
10. Work in the Public Right-of-way - Given the continuous problems of unapproved work and
development in public rights -of -way adjacent to private property, we advise the applicant as
follows:
The applicant must receive approval from city engineering (920-5088) for design of
improvements, including landscaping, within public rights -of -way, parks
department (920-5120) for vegetation species, and streets department (920-5130) for
street and alley cuts, and shall obtain permits for any work or development,
including landscaping, within public rights -of -way from the city community
development department.
cc: Nick Adeh, City Engineer
Lipkin Warner Design Partnership, 400 W. Main St., Suite 100, Aspen
M96.24
2
FEB 01 '96 08:51AM ASFEN HOUSING OFC P•2
Exhibit C
SOU
TO: Dave Michaelson, Planning Office
FROM: Cindy Christensen, Housing Office
DATE: EebrUa.ry 1, 1996
RE: HERNAN EZ REVIEW FOR. AT ACCESSORY UwELijYNG UNIT
Parcel XD No. 2735-121-21-001
in my previous memo dated January 30, 1996, I recommended denial of
the unit located in the ma.iri house . , The architect, Lipkin &
Warner, have provided tie with new drawirigs of this specific unit.
This is a much hetter floor plan and allows for more natural light
to enter into the unit. I have provided you with the revised
architectural draw ng5. Therefore, t wduld recommend approval o
this unit also. ,
Again, bath kitchens must also consist- of a minimum two -burner
stove with ovefl, ota.ndard sink, and a 6-cubic foot refrigerator
plus freezer. it is hard to tell by the glans if the kitchen falls
under this definition.
Should the units be approved, deed restrictions must be recorded
before building permit approval. This deed restrl.ction can be
obtained in the Housing office.
x e f arral\he mars . a4u
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in the basement of a new addition on the site. The net liveable
area must be verified by zoning not to exceed 700 s.f. prior to the
building permit application. The unit must comply with the Housing
Guidelines and shall be deed restricted as a resident occupied unit
for working residents of Pitkin County.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed
for development and surrounding land uses, or enhances the
mixture of complimentary uses and activities in the immediate
vicinity of the parcel proposed for development;
RESPONSE: The RMF zone has greater density allowances than single
family zones and can readily tolerate the proposed ADU.
C. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects,
including visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties;
RESPONSE: The roof above the access to the ADU will shed snow to
the east. The ADU will have egress window wells for the bedrooms
and high windows in the stairwell entry providing some natural
light to the living space. The kitchen must meet the
specifications of the housing guidelines. No on -site parking is
currently provided. The redevelopment of the parcel will include
two parking spaces inside a new garage. The application states
that one of these spaces will be dedicated to the ADU.
No other neighborhood impacts are anticipated.
D. There are adequate public facilities and services to serve
the conditional use including but not limited to roads,
potable water, sewer, solid waste, parks, police, fire
protection, emergency medical services, hospital and medical
services, drainage systems, and schools;
RESPONSE: No new services are required for the ADU above and
beyond what is in place for the existing neighborhood.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by the
conditional use; and
RESPONSE: The dwelling unit must be deed restricted for resident
occupancy. If the unit is rented a qualified working resident of
Pitkin County shall reside in the unit.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this chapter.
2
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Dave Michaelson, Deputy Director of Planning
FROM: Amy Amidon, Historic Preservation Planner
RE: Anson Conditional Use Review - Public Hearing
DATE:, February 6, 1996
SUMMARY: The applicant proposes to construct a 2 bedroom 700
square foot accessory dwelling unit that is 100% below grade. The
unit is proposed within a remodeled single family residence. The
redevelopment of the property has been reviewed by the HPC as the
parcel is an Historic Landmark. The proposal received conceptual
HPC approval.
Staff recommends approval of the conditional use for an accessory
dwelling unit with conditions.
APPLICANT: Wes and Susan Anson, represented by Jake Vickery
LOCATION: 820 E. Cooper (Lot P. Block 111, Townsite of Aspen)
ZONING: R/MF
APPLICANT'S REQUEST: To voluntarily provide an approximately 700
square foot 2 bedroom accessory dwelling unit in the basement of
a remodeled and expanded single family residence.
REFERRAL COMMENTS: The Housing Office reviewed the 1/10/96 floor
plan with staff. No outstanding issues are seen. Standard Housing
Office conditions of approval shall apply.
STAFF COMMENTS: Zoning staff has been in contact with the
architect regarding the minimum required open space for this
parcel. The site plan in this packet will be modified somewhat to
accommodate a larger front yard open space. This situation is not
considered an impediment for P&Z's review of the ADU. Any
approvals by the HPC or P&Z shall be conditioned on conformance
with the open space requirements or other applicable zoning
regulations.
Conditional Use Review - Pursuant to Section 24-7-304 the criteria
for a conditional use review are as follows:
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan,
and with the intent of the Zone District in which it is
proposed to be located;
RESPONSE: The proposed accessory dwelling unit is proposed to be
RESPONSE: The proposed unit is not required by Ordinance 1. The
applicants are voluntarily constructing the ADU.
RECOMMENDATION: Staff recommends approval of the ADU with the
following conditions:
1. Prior to the issuance of any building permits the applicant
shall:
a. verify the net liveable square footage of the ADU with
Zoning staff;
b. upon approval of the deed restriction by the Housing
Office, the applicant shall record the deed restriction with
the Pitkin County Clerk and Recorder's office and forward
proof of recordation to the Planning Department. The deed
restriction shall state that the accessory unit meets the
housing guidelines for such units, meets the definition of
Resident Occupied Unit, and if rented, shall be rented for
periods of six months or longer;
C. kitchen plans shall be verified by the Housing Office to
ensure compliance with specifications for kitchens in ADUs;
d. verify compliance with RMF open space requirements with
Zoning staff;
e. indicate on building plans the one parking space dedicated
for the occupant of the ADU.
2. The ADU shall be clearly identified as a separate dwelling unit
on building permit plans and shall comply with U.B.C. Chapter 35
sound attenuation requirements.
3. Prior to the issuance of a certificate of occupancy the
Planning Department:. shall inspect the unit to determine compliance
with the conditions of approval.
4. All material representations made by the applicant in the
application and during public meetings with the Planning and Zoning
Commission and HPC shall be adhered to and considered conditions
of approval, unless otherwise amended by other conditions.
RECOMMENDED MOTION: "I move to approve the conditional use for
820 E. Cooper with the conditions outlined in the Planning Office
memo dated February 6, 1996."
ATTACHMENT: A. Plans and Written Application
3
I,
TO: AMY AMIDON, HPC OFFICER
FROM: JAKE VICKERY J A K
RE: APPLICATION FOR CONDITIONAL USE T
ACCESSORY DWELLING UNIT
820 EAST COOPER
100 DATE: DECEMBER 6, 1995 POST
OFFICTH E
BOX
123 0
POST OFFICE BOX 12360
ASPEN,COLORADO81612
TELEPHONE / FACSIMILE
This Conditional Use application is to be consolidated with and reviewed in conjunction( 9 7 0 ) 9 2 S - 3 6 6 0
with the Land Use application for this project dated July 27, 1995 and as subsequently
amended and approved at a public hearing before HPC on September 27, 1995. Items
referenced below as attachments are contained within the original application.
(Attachment #, Item #)
(2-1) see attached Owner's Authorization Letter
(2-2) see attached Legal Description
(2-3) see attached Disclosure of Ownership
(2-4) see attached Vicinity Map
(2-5) Compliance with relevant Review Standards:
This proposal is to provide a 2 bedroom ADU in the basement of the
proposed addition as indicated on the attached plans. There is an existing
1 bedroom free market unit now located at the rear of this property which
will be demolished.
The existing cottage structure is an historical resource. The new addition is
placed below grade to reduce impacts to this historic structure and site.
The proposed ADU will have a maximum of 700 net livable square feet and
will accommodate 2 or more employees or an employee family. Please
refer to other sections of this application for more detail regarding the
proposed development.
Currently there are three bedrooms and no on -site parking spaces. The
total number of bedrooms proposed for this house is 5. A total of two
parking spaces are provided for this development. Both parking spaces
are located in the proposed garage. Pursuant to Section 5-510-A-1, one of
the parking spaces will be dedicated to the ADU.
This application is submitted with the expressed understanding that the
deed restriction placed on the property as a result of the ADU approval will
be the one in place at the time of submittal of this application.
Please see Items 4A through 4F below for a more detailed explanation of
conformance to specific standards.
The proposed work is under review by the Historical Preservation Commission and
additional information is available in the related Combined HPC Landmark
Designation and Conceptual Review Application.
(4-A) The Aspen Land Use Code permits an ADU as a conditional use in the `
RMF Zone. This application is submitted conditional upon this property
being designated an Historical Landmark.
Non -conforming Lot:
The minimum lot size in the R.MF zone is 6,000 square feet. The lot in
this application is 3,000 square feet. It is a pre-existing, non -conforming
lot of record and the proposed development is permitted under Section 9-
106 "Non conforming Lots of Record" paragraph "C. Historic landmark".
This paragraph exempts lots containing historical landmarks from being
required to meet the minimum lot area requirement of its zone district for
permitted and conditional uses.
(4-B) The ADU provides an accessory residential use in the RMF Zone and a mix
in a variety of housing types in the neighborhood. It is compatible with
other residential uses in immediate vicinity.
(4-C) The proposed location below grade maintains open space and minimizes
the mass above grade. Light and air are provides by generous light wells.
(4-D) Services will be an extension of the services already in place and are
adequate.
(4-E) This proposal will not generate any new employees and provides on -site
housing for two resident employees.
(4-F) This proposal conforms to the Aspen Area Comprehensive Plan and other
requirements of the Code.
RCHITECT
NICKER`
TO: AMY AMIDON, HPC OFFICER
100 FROM: JAKE VICKERY POST OFFICEUTH BOXING 12363
` POST OFFICE BOX 12360
RE: APPLICATION FOR GMQS EXEMPTION ASPEN, COLORADO81612
TEI 820 EAST COOPER (9 7r0 )) 9 2 5A 3 t6 6L0
DATE: DECEMBER 6, 1995
GMQS EXEMPTION
Request is hereby made for a GMQS Exemption by Planning Director pursuant to
Section 8-105-a-ii-e-3 "Remodeling, restoration or expansion of existing single family or
duplex dwellings" of the Aspen Land Use Code. The proposed development complies
with this standard in providing no new unit of density.
This Application for Growth Management Exemption is to be consolidated with and
reviewed in conjunction with the Land Use application for this project dated July 27,
1995 and as subsequently amended and approved at a public hearing before HPC on
September 27, 1995.
(6-1) Description
This request for exemption would allow an existing historical residence to be expanded
in its existing location on site with its primary street facade unaltered and an ADU to be
provided in the basement. New square footage has been placed to the rear of the site
and subgrade to minimize impacts on the historical resource and site. Please refer to
other sections of the above referenced application for additional detail on this proposed
development.
(6-2)
The original application contains a complete set of architectural preliminary drawings.
(6-3)
The original application contains applications for Landmark Designation and HPC
Conceptual Review.
(6-4)
Copies of recorded documents which effect this development: None.
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RCHITECT
February 5, 1996
Amy Amidon
Aspen Planning Department
130 South Galena
Aspen, Colorado 81611
CERTIFICATE OF POSTING
RE: P&Z Review - Conditional Use for an ADU at 820 East Cooper.
Dear Mary,
I hereby certify that a sign stating all required information from the attached Notice of
Public Hearing was posted on or before January 5, 1996.
Sincerely,
s
Jake Vickery, Architect
PO Box 12360
Aspen, CO 81611
100 SOUTH SPRING ST. #3
POST OFFICE BOX 12360
ASPEN,COLORAD081612
TELEPHONE / FACSIMILE
( 9 7 0 ) 9 2 5 - 3 6 6 0
RCHITECT
February 5, 1996
Amy Amidon
Aspen Planning Department
130 South Galena
Aspen, Colorado 81611
CERTIFICATE OF MAILING
RE: P&Z Review - Conditional Use for an ADU for 820 East Cooper
Dear Amy,
100 SOUTH SPRING ST. #3
POST OFFICE BOX 12360
ASPEN,COLORADO81612
TELEPHONE / FACSIMILE
( 9 7 0 ) 9 2 5 - 3 6 6 0
I hereby certify that the attached Notices of Public Hearing were mailed to the addresses
on the attached List of Surrounding Property Owners on or before January 5, 1996.
Sincerely,
lC�
Jake Vickery Architect
PO Box 12360
Aspen, CO. 81611
February 5, 1996
Amy Amidon
Aspen Planning Department
130 South Galena
Aspen, Colorado 81611
CERTIFICATE OF MAILING
RE: P&Z Review - Conditional Use for an ADU for 820 East Cooper
Dear Amy,
RCHITECT
I L
100 SOUTH SPRING ST. #3
POST OFFICE BOX 12360
ASPEN, COLORADO 81612
TELEPHONE / FACSIMILE
( 9 7 0 ) 9 2 5 - 3 6 6 0
I hereby certify that the attached Notices of Public Hearing were mailed to the addresses
on the attached List of Surrounding Property Owners on or before January 5, 1996.
Sincerely,
I
Jake Vickery Architect
PO Box 12360
Aspen, CO. 81611
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AJAE LIMITED PARTNERSHIP
A COLORADO PARTNERSHIP
1501 N. Pierce; Suite 112
Little Rock, AR 72207
"HERWIN, Greg
�LKINS, Christine
1010 E. Hopkins Ave. #26
Aspen, CO 81611
SHERWIN, Gregory
1020 E. Hopkins Ave.
Aspen, CO 81611
MIKI
P.O. Box 444
Aspen, CO 81612
SEIFERT, PATRICA
P.O. Box 2262
Aspen, CO 81612
SMITH, E. Sawyer, Jr.
835 E. Human Ave; Apt L
Aspen, CO 81611
TAYLOR, JUDITH A.
616 E. Hyman Avenue
Aspen CO 81611
KRANS, Gerald & Annette DORWORTH, Adrian
#26 FOURTH FINANCIAL MORTGAGE CO P.O. Box 2694
P.O. Box 2385 Aspen, CO 81612
Venice, CA 90294
SHMIDT, Cheryl & Mary, Jack
OLANDER, Michael R.
P.O. Box 2768
Aspen, CO 81612
GOLDMAN, Michael & Gloria
1603 West Ina Road
zcson, AZ 85704
SOMPLE, Penelope
3035 Calla Drive
Santa Cruz, CA 95062
DAVIS, Harriet & Herbert
1050 George St; Apt 9M
New Brunswich, NJ 08901
Martin, Galen & Mary Lou
5001 Hopewell Road
Louisville, KY 40299
CADY, JOHN J.
8121 Killarney Court
Wichita, KS 67206
ROBERTS, Marion & Tania
1004 Mopac Circle, Suite 21
Austin, Texas 78746
SKIPSEY, Charles & Eleanor
16839 Viade Santa Fe
Rancho Santa Fe CA 92067
BELKOVA, Dasha Revocable Trus, HOKE, Christopher ABEL, ,Carlos & Amalia
BELKOVA, Dasha - Trustee 5721 N. Country Club Terrace 523 Cragmont Ave.
1107 Landings Blvd. Edmond, OK 73034 Berkeley, CA 94708
West Palm Beach, FL 33413
KRANS, Gerald & Rosemary CHAPUT, Armond & Susan STENGER, Friederike & Walter
FOURTH FINANCIAL MORTGAGE CO 3426 Westcliff Road South 117 Center Point Dr. Ste. 300
P.O. BOX 1069 Fort Worth, -texas 76109 Nepean ONTARIO CANADA
Wichita KS 67201 K2G 5X3
KOUTSOUBOS, Ted
419 East Human Ave.
Aspen, CO 81611
VAVREK, John R.
819 E. Human Ave; Apt. 4
^Spen, CO 81611
BOONE, Mary Carol
2700 W. 35th Street
Austin TEXAS 78703
BRANIFF, Carlos & Reha
Bosque De Ombue 135
Basque De Las
MEXICO D F MEXICO
FINNEGAN, John & Sandra
84 Rilling Ridge
New Canaan, CT 06840
HAYWOOD, Karen
P.O. Box 12115
Aspen, CO 81612
Kartiganer, Esther
333 E. 53rd Street
New York NY
MCC GUBELMAN Indianhead Farms, Inc.
900 E,. Durant C 108 P.O. Box 623
Aspen, CO 81611 Mason City, Ia 50402
rt, Billy Jr. and Brumder, H. Christopher J.
Analore Firstar Trust-Attn: Toby
C/O Coates, Reid & Waldron 14th F1
720 E. Hyman P.O. Box 2054
Aspen, CO 81611 Milwaukee, WI 53201
Hedstrom Olof H. & Carolyn
P.O. Box 4815
Asepn, CO 81612
Lampton, Julie M.
P.O. Box 12111
Aspen, CO 81612
Meagher, Sharon E.
P.O. Box 2187
Aspen, CO 81612
Weinrot, Edwin & Irene
0. Box 48128
Angeles, CA 90048 0128
Myers, Joseph V. Jr.
265 BRighton Road NE
Atlanta, GA 30309
Quintenz, Kenneth & Susan
91 North Stanbery Ave.
Columbus, OH 43209
Stacker, Lynne M.
694 Maple Park Drive
St. Paul, Mn 55118
Meltzer, David B.
36 South State Street
Chicago, Il 60603
Jones, Kelley & Kendal &
Jones, John Kyle
1406 W. 13th St
Austin Texas 78703
Wachtmeister, Edward Trust
UTA
6223 Whitehall Farm Lane
Warrenton, VA 22186
Thompson, Dennis & Sharon
314 S. Galena St., Ste 202
Aspen CO 81611
312009 Ontario Limited
An Ontario Corporation
180 Steeles Ave. W. Ste 206
Thornhill Ontario CANADA
L4J /
ENSIGN, Beverly C.
DELAPLANE, Muriel
88 Indian Springs Drive
Forsythe GA 31029
KLIKA, Riggs & Yvonne
32415 Burlwood Drive
Solon, OH 44139
PRICE, James & Julia
32670 Woodsdale Lane
Solon, OH 44139
SCHUBINER, Craig E.
1600 Maddy Lane
Keego Harbor MI 48320
CORREIA, John E.
6730 East Northwest Hwy.
Dallas, Texas 75231
MCLAUGLIN William & Martha
14422 Industry Ave. 7674
Laredo Texas 78041 7948
GRUESER William & Patricia
P.O. Box 882829
Steamboat Springs CO 80488
ASPEN DIRIGIBLES LLD
NEILEY & ALDER - C/O
201 N. Mill St #102
Aspen CO 81611
Morse, William & Eudice 757253 Ontario Limited BOWDEN, Robert
14851 County Line Road Landawn Shopping Centers 1370 Mt. View Drive
Chagrin Falls, OH 44022 LTD Aspen, CO 81611
C/O 11 Polson Street
Toronto Ontario CANADA M5A lA
Gordon, Marvin & Sylvia CARRILLO, Joseph & Anna Marie FRANCO, Vivian
25862 Hersheyvale 236 Henry Street 805 E. Cooper #7
"-inklin, MI 48025 Brooklyn Heights NY 11201 Aspen CO 81611
Kozlow, Robert & Carol Berkowitz, Karen & Alan LUSTBERG, MARTIN & Myra
6764 Knollwood Circle West P.O. Box 35 20 Deerfield Lane
West Bloomfield, MI 48322 Brooklandville, MD 21022 Upper Saddle River NJ 07458
POLINE, Patricia A. CHAPMAN, COLIN LOGAN, Thomas J.
7 Ascot Manor 627 Rio Grande Place P.O. Box 6758
Atlanta GA 30327 Aspen, CO 81611 Snowmass Village, CO 81615
`�TACAR CORP. OVERSEAS LIEB, Madeline Trust
'ABLISHMENT LIECHTENSTEIN 800 East Hyman Ave. #A
tZP. Aspen, CO 81611
380 Interstate Nortyh Parkway
Atlanta, GA 30339
NOVO, Oscar & Maria Del Carmen HESS, Phyllis J.
13101 S.W. 70th Avenue P.O. Box 8582
Miami FL 33156 Aspen, CO 81612
AINSWORTH INVESTMENT, INC. MILLER, Jeffrey R.
FIASSE, Christian - C/o P.O. Box 4625
3360 S. Ocean Blvd., Apt. 3E1 Aspen CO 81612
Palm Beach, FL 33480
KOHLHEPP, Robert
580 Chaswil Drive
Cincinatti OH 45255
PILGRIM INVESTMENT
SHERMAN, Jane & Larry = C/O
'. Box 968
.ningham MI 48012
JACOB, Linda & ARnold
3000 Town Center #1780
Southfield MI 48075
Nellis, Chad
P.O. Box 8144
Aspen, CO 81612
THRESHIE FAmily Trust part b
THRESHIE, Judith H. - Trustee
181 42 Estes Way
Santa Ana, CA 92785
LOST, RAymond H. II
6460 W. Greentree Drive
Somis, CA 093066-9714
KATZ, Robert S.
1020 Waiholo St.
Honolulu, HI 96821
LAW Glenn Eugene
P.O. Box 2537
Aspen, CO 81612
ELDEAN, Herbet Trustee LEVITT, Madelyn M
Herbert R. Eldean Trust LEVITT, Jeanne
Eldean Shipyard & Yacht Sales 6001 Montrose Road Ste 600
Macatawa, MI 49434 c/o Nelli
Rockville, MD 20852
Klein, Loanne G.
4045 Crestwood Drive
Northbrook, IL 60062
POAG, Sara & Morgan
PRICE, Janie
1006 Dover Road
Greensborao NC 27408
BUTLER, Gerald & Marchita MULLINS, Billy J. Jr. & SandrE WATERS, Jospeh D. & Leslie
3740 River Pines Drive 17102 Club Hill Drive 5104 Oak Tree Circle
Ann Arbor, MI 48103 Dallas Texas 75248 Dallas TEXAS 75287
OLESHANSKY, William & Marlene SEQUOIA Development Corp. BUTCH & SUNDANCE INVESTMENTS
4085 Winterset Attn: Stanford Stiles COMM HOLDINGS CORP - C/O
West Bloomfield, MI 48323 4950 Woodway, #706 5575 DTC Pkwy Ste 360
Houston, Texas 77056 Englewood CO 80111
SELLON, Jeffrey & Jennifer
949 Forest Ave.
Rye, NY 10580
COLLINS, G.D.
305 Majestic View Drive
Boulder, CO 80303
BUTCH & SUNDANCE INVESTMENTS
COLORADO CORP.
1400 28th Street Ste 1
Boulder CO 80303
BLITZ, Robert G. MCGOVERN, P.J. & Lisa PASTEL, Linda
ANTONELLI, Joan 101 S. Third St. #360 COMM Holdings CORP - C/O
3423 Q. ST. N.W. Grand Junction, CO 81601 520 E. Hyman Ave. #302
Washington D.C. 20007 Aspen, CO 81611
RUSHNECK, Ronald Jr. COSBAY REALTY CO, N.N.Y f' C74/ %
RUSHNECrN.Gary & Susan STENGER, Emil
480-South Broadway 28-11-210 Street
Tarrytown, NY 10591 Bayside, N.Y 11360-2460
COHEN, Philip & liliana
35 Shaker Ridge Drive
CANAAN, NY 12029
PAUL, Richard & Suzanne
1210 Inverness Avenue
Pittsbur, PA 15217
MAGNER CHILDREN'S MINORS TRUST
C/O T. Gerald Magner, Jr
1500 Sheridan Road Apt. 6F
Wilmette, IL 60091
SHERMAN, Robert & Elizabeth
1025 Mistwood Lane
Downers Grove, IL 60515
SHERMAN, James & Ruth
LAUGHLIN, James
4032 Linden Avenue
WEstern Springs, IL 60558
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400 Wc:s Mein 5t-5u'i-,e 10C
Air% Colorado B 1.6.1.1
Phone! 970.920.1142
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