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Home My WebLink Aboutagenda.apz.19940607 AGE N D A ------------------------------------------------------------------ ------------------------------------------------------------------ ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING June 7, 1994, Tuesday 4:30 P.M. 2nd Floor Meeting Room City Hall ------------------------------------------------------------------ ------------------------------------------------------------------ I. COMMENTS Commissioners Planning Staff Public II . MINUTES III. PUBLIC HEARINGS A. Poppies Bistro Cafe Rezoning and GMQS Exemption, Mary Lackner Austin Conditional Use Review for Dwelling Unit, Kim JOhnson!'I':) IV. OLD BUSINESS B. an Accessory ;....--- , West End Traffic Study, Bob Gish & Kim~ohnson V. NEW BUSINESS A. v-- A. Takah Sushi Special Review for Open Space, Lamont Leslie /' VI. CONTINUED PUBLIC HEARINGS A. Independence Place SPA Designation and Conceptual SPA Plan (continued from April 26; to be tabled) ~ f,--' B. Creektree SubdivisionjPUD Amendment, Mary Lackner ~' (continued from May 1 7 ):.,:~.,? (~-,,, ~ VII. ADJOURN MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Suzanne Wolff, Administrative Assistant RE: Upcoming Agendas DATE: June 7, 1994 Council Work Session - June 6, 5-7 PM Transportation Implementation Plan Update - the Commission is invited to attend Special meeting - June 14, 4:00 PM, Council Chambers Affordable Housing - Metro -wide Regulations (with County P&Z) Regular Meeting - June 21 Krabacher GMQS Exemptions & Special Review (KJ) Red House Conditional Use Review for Duplex (LL) Nathanson 8040 Greenline Review (KJ) Winnerman 8040 Greenline Review (KJ) 132 W. Main St. Landmark Designation (AA) Norton Conditional Use Review for ADU (ML) Hirsch Stream Margin Review (KJ) Special Meeting - June 28, 4:00 PM, 2nd Floor, City Hall Affordable Housing - Metro -wide Regulations (with County P&Z) Regular Meeting - July 5 204 E. Durant GMQS Exemption (ML) 939 E. Cooper Landmark Designation (AA) 939 E. Cooper Subdivision & Rezoning (LL) a. nex MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Mary Lackner, Planner RE: Poppies Bistro Cafe Rezoning and GMQS Exemption DATE: June 7, 1994 REQUEST: The applicant is requesting to rezone the Poppies Bistro Cafe property from R-6 to the Office zone district and obtain a GMQS exemption for a free market dwelling unit. APPLICANT: Michael Hull and Earl Jones, represented by Sunny Vann. LOCATION: 834 W. Hallam. Block 10, Lots K and L, City and Townsite of Aspen. The property is currently zoned R-6. BACKGROUND: Poppies restaurant is a non -conforming use in the R- 6 zone district. The applicant is interested in constructing a free market unit on the second level of the building for use by a restaurant employee. The proposed addition of a 970 sq.ft. two bedroom, one bath unit will exceed the underlying floor area limitation on the property by approximately 210 sq.ft., and is therefore not permitted by the Code in the R-6 Zone District. The applicant requested a Code interpretation by City Council on March 28, 1994 regarding the allowable floor area ratio for a non- conforming use in the R-6 zone district. City Council did not support the applicant's interpretation to calculate the floor area of the R-6 parcel for a "duplex" unit thereby permitting the second level addition. Instead City Council expressed conceptual support for this property to be rezoned to the Office zone district due to the minimal nature of the request, the voluntary designation of the property as a historic landmark, consistency with the AACP, and compatibility with surrounding land uses. This application is being filed by the applicant in response to the direction offered by City Council. A copy of the application is included as Exhibit "A" REFERRAL COMMENTS: 1. City Engineer- Comments from Chuck Roth are included in this memorandum as Exhibit "B". 2. Zoning- Bill Drueding has indicated that a Board of Adjustment variance will be required for the work proposed within the rear yard setback. STAFF COMMENTS: This application is being reviewed pursuant to Sections 24-7-1102 Rezoning and 24-8-104 GMQS Exemption. i i Rezoning (Amendment to the Zone District Map) Section 7-1102 The applicant is requesting that the property be zoned from R-6 to Office zone district which will permit the existing structure to expand to accommodate the second floor dwelling unit. Section 24- 7-1102 establishes the review criteria for a rezoning application. A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: The proposed development will need to comply with all provisions of the Aspen Municipal Code. The restaurant use will become a conditional use once the property is historically designated, thereby eliminating the non -conforming status of the use. The proposed addition will comply with the dimensional requirements of the office zone district, except for the rear yard setback in which the structure presently encroaches 11 feet into the setback. The second floor addition will encroach an additional four feet into the rear yard and will require a variance from the Board of Adjustment. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: The Aspen Area Community Plan does not specifically refer to the applicant's property. The historic designation of the parcel is consistent with the Plan's philosophy of historic preservation and encouraging eclectic and varietal businesses along the City's Main Street corridor. The new dwelling unit will also be used to house restaurant employees, thereby meeting a goal of providing in town housing for in town workers. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Response: The purpose of the Office (0) zone district is to "Provide for the establishment of offices and associated commercial uses in such a way as to preserve the visual scale and character of former residential areas that are now adjacent to commercial and business areas, and commercial uses along Main Street and other high volume thoroughfares." Although the subject property is on W. Hallam St. and not Main Street the characteristics of Eighth and Hallam is consistent with the purpose of the office zone district. The adjacent properties contain a mix of single family residential, multi -family residential (Aspen Villas Condos, Sagewood Condos, USFS employee housing), lodge (Barvarian Inn), and office uses (USFS offices). A vicinity map indicating the adjacent zoning is included as Exhibit 11C11. 2 I/ The subject property has been used as commercial/restaurant space for the last 20 years. Prior to the opening of Poppies Bistro Cafe in 1981, the property housing the Golden Barrel restaurant, which occupied the premises for approximately eight years. No complaints regarding the restaurant operations have been filed with the Environmental Health Department. Staff believes that the restaurant use at this location is compatible with the surrounding land uses and can be considered "messy vitality" which is encouraged by the AACP. D. The effect of the proposed amendment on traffic generation and road safety. Response: The addition of a dwelling unit will add approximately four vehicle trips per day. The applicant has not discussed parking nor has indicated any parking spaces on the site plan. Generally, restaurant guests park on Eighth Street as no off-street parking is available. The applicant should consider a request to the City to vacate the alley in order to obtain additional space for off-street parking, as recommended in the City Engineer's letter. Two new parking spaces are required for the new two bedroom unit. The applicant may request special review from HPC to reduce the number of required parking spaces, although staff would not support a reduction due to the crowded nature of the residential area. The site is immediately adjacent to the Eighth Street bus stop which is a local, down valley, and skier shuttle stop. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Response: The addition of one dwelling unit in conjunction with the rezoning to Office will have a negligible impact on public facilities. The applicant has committed to upgrade and/or pay for the extension of facilities to this property as required. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Response: The infill development permitted by the rezoning will not have any adverse impacts on the natural environment. 3 ,h G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Response: Staff believes that the historic nature of the building and maintaining the restaurant use is compatible with the community character. The ability of the applicant to provide a dwelling unit for employees of the restaurant adds residential character to the property. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: The long-standing nonconforming use of the property is a condition that will be eliminated by the rezoning. This conversion of a nonconforming use into a conditional use in this location is a reason to support the proposed map amendment. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. Response: The applicant's request is not in conflict with the public interest, and is consistent with the purposes and intent of the Aspen Land Use Regulations. The only item which does not comply with the requirements of Chapter 24 is the encroachment into the rear yard setback, which will need to be reviewed and approved by the Board of Adjustment prior to the issuance of any building permits. GMQS Exemption (for a Historic Landmark) Section 7-801 (A) (1) (b) (3) This provision of the Land Use Regulations reads: The enlargement of an historic landmark which develops not more than one (1) residential dwelling or three (3) hotel,, lodge, bed and breakfast,, boardinghouse, roominghouse,, or dormitory units; Response: The applicant is seeking approval to add a two bedroom one bath unit to the second floor of the existing structure. This exemption is only available to the applicant if the property is historically landmarked. The Planning and Zoning Commission recommended landmark designation on October 5, 1993 to City Council. No action on designation has been taken by City Council due to the code interpretation that recently took place. once this application is reviewed and approved by City Council, the Planning Director may approve this GMQS Exemption. SUMMARY: Poppies Bistro Cafe is a use which is compatible with the surrounding land uses of the neighborhood, although it is located M V\ in a residential zone district. Due to the high traffic volume of Highway 82, the use of this property as a restaurant since the mid- 1970's, and the USFS office adjacent to this site, the applicant's request for rezoning to Office is a reasonable request that is consistent with the requirements of the Aspen Land Use regulations. Although the applicant has indicated that the new residential dwelling unit may be available to restaurant employees, it is not proposed to be deed restricted. Staff would prefer a resident occupied status on this unit to ensure that it contributes housing to the local working population, however, this is not a requirement of this review. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve the applicant's request subject to the following conditions: 1. As recommended by the City Engineer the applicant shall comply with the following: a. The applicant shall indicate the parking configuration, trash & recycle area, and utilities on the building permit plans. b. The new development plan must provide for no more than historic drainage flows to leave the site. Any increase to historic storm run-off must be maintained on site. C. The applicant shall consult City Engineering (920-5080) for design considerations of development within public rights-os-way, Parks Department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights - of -way from City Streets Department (920-5130). 2. Two new parking spaces are required for the new two bedroom unit. 3. The applicant shall either revise the plans or obtain a Board of Adjustment variance for the proposed setback encroachment. 4. 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 recommend rezoning approval from the R-6 to Office zone district for the Poppies Bistro Cafe to City Council, subject to the conditions recommended in the June 7, 1994 Planning Office memorandum." 5 EXHIBITS: A- Application information B- City Engineer referral comments C- Vicinity map M AFFIDAVIT OF PUBLIC NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL (Pursuant to Section 6-205.E. of the Land Use Regulations) STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The undersigned, being first duly sworn, deposes and says as follows: I, SUNNY VANN, being or representing an Applicant before the City of Aspen, personally certify that Public Notice of the application for rezoning of the Poppies Bistro Cafe property which is located at 834 West Hallam Street was given by 1) posting of notice containing the information required in Section 6-205.E.2., which posting occurred on May 27, 1994, in a conspicuous place on the subject property and that the said sign was posted and visible continuously from that date, and 2) mailing Notice of said development application to all property owners within three hundred (300) feet of the subject property, which mailing occurred on May 27, 1994. Applicant: POPPIES BISTRO CAFE By,y� Sunny Vann The foregoing Affida it of Public N ' ce was acknowledged and signed before me this day of 1994, by Sunny Vann on behalf of POPPIES BISTRO CAFE. WITNESS my hand and official seal. My commission expires: My Commission expires 9/27/96 I 1 N tary Publi PUBLIC NOTICE RE: POPPIES BISTRO CAFE AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP OF THE CITY OF ASPEN NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 71 1994 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission,2nd Floor Meeting Room, City Hall, 130 S. Galena, Aspen, CO to consider an applicationenb submitted by Michael Hull and Earl Jones, 834 W. Hallam St., .p , to rezone the Poppies Bistro Cafe property from R-61 Medium Density4 Residential, to O, office. The property is located W. Hallam St.; Lots K and L, Block 10, City and Townsite of Aspen. For further information, contact Mary Lackner at the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO s/Bruce Kerr, Chairman Aspen Planning, and Zoning Commission 4 Published in the Aspen Times on May 20, Z99 City of Aspen Account PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, 3RD FLOOR ant Christina Davis ti nt J. Higens ASPEN, COLORADO President 303-925-1766 : 303-925-6527 FAX Vice President 3001 OWNER'S LIST pitkin - County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado, hereby certifies the following list is a current 10list of property owner's within three hundred feet of Lots K & L, Block , City of Aspen, as obtained from the most current Pitkin County Assessors Tax Rolls, and updated to April 27, 1994. NAMES AND ADDRESSES ----------------TAX----SCHEDULE---------NUMBER-- ------------- --- ------------------------- PLEASE REFER TO LIST ATTACHED HERETO AND MADE A PART HEREOF AUTHORIZED SIGNATURE 855 WEST HALLAM, INC. METES & BOUNDS IN BLOCK 5, CITY OF ASPEN C/O ETKINS EQUITIES 1512 LARIMER STREET SUITE 325 DENVER CO 80202 ! A. RONALD ERICKSON SAGEWOOD, 10 ' ELISABETH R. ERICKSON f 800 S. MONARCH STREET ASPEN CO 61611 A. SCOTT DAVIDSON VILLA OF ASPEN, 36 PO BOX 5141 ASPEN CO 81612 ALBERT L. BROWN, JR. VILLA OF ASPEN, 32 MARIAN H . BROWN 1767 E. MEMILLAN ST E CINCINNATI OH 45206 ALEJANDRO TOPELSON ASPEN VILLAS, B-3 REVECA TOPELSON 5300 DTC PARKWAY SUITE 400 ENGLEWOOD CO 80111 ALICE J. KOELLE ASPEN WEST END, 7 PO BOX 2871 ASPEN CO 81612 ASPEN VILLAS, C-2 AMENEH FATAHI PO BOX 8080 ASPEN CO 81612 ANDY L. SANCHEZ SAGEWOOD, 9 MICHELLE MAINS SANCHEZ PO BOX 1801 ASPEN CO 81612 VICTORIAN SQUARE/PUD ARTHUR S. LA.ZARUS LOT 6 KATRINA D. HEMPEL C/O LAZARUS COMMUNITIES, INC. 1575 SAN IGNACIO AVE., STE 405 CORAL GABLES FL 33146 ASPEN SQUARE CONDOMINIUM ASSOC. VILLA OF ASPEN, 3 617 EAST COOPER AVENUE ASPEN CO 81611 ASPEN VILLA CONDOMINIUM ASSOCIATION COMMON AREA 814 W. BLEEKER ASPEN CO 81611 BARBARA L. CARSON VILLA OF ASPEN, 35 100 NORTH 8TH STREET SUITE 35 ASPEN CO 81611 BETTY M. DI BARTOLOMEO VILLA OF ASPEN, 11 3795 INDIAN TRAIL ORCHARD LAKE VIL MI 48033 BRENDAN ROBERTS SAGEWOOD, 1 TERRI HART ROBERTS PO BOX 44 ASPEN CO 81612 BRIAN J. WINDLE VILLA OF ASPEN, 5 PO BOX 9520 ASPEN CO 81612 PT. LOT C, ALL D, BLOCK 4 CARL R. BERGMAN CITY OF ASPEN CATHERINE M. BERGMAN PO BOX 1365 ASPEN CO 81612 CHARLES R. MORRIS, JR. ASPEN VILLAS, B-5 ASPEN VILLAS MANAGEMENT 814 W. BLEEKER ASPEN CO 81611 CRYSTAL PALACE CORPORATION PT. LOTS K, L & M BLOCK 4 PO BOX 32 ASPEN CO 81612 FRANCES STREET TOWNHOMES DANIEL R. LEE UNIT 911 KAREN K. LEE 205 FRANKLIN ROAD GLENCOE IL 60022 VILLA OF ASPEN, 19 DAVID MENSCHER LELYA MENSCHER 40 OCEAN VISTA NEWPORT BEACH CA 92660 DENISE ANN JURGENS SAGEWOOD, 5 PO BOX 3780 ASPEN CO 812 DOYLE, RICHARD & GRACE & SEARIGHT, P. VILLA OF ASPEN, 4 & DOYLE, R.T.III, TRUST 7 GRIST, FRANCES 3711 EASTLEDGE DRIVE AUSTIN TX 78731 DUC PHONG LUU ASPEN VILLAS C-1 814 WEST BLEEKER UNIT Cl ASPEN CO 81611 EDWARD M. STEINBERG ASPEN VILLAS, A-1 1068 HOLLY STREET DENVER CO 80220 ELIZABETH G. TALENFELD LOTS E & F, BLOCK 4 CITY OF ASPEN 915 WEST FRANCIS STREET ASPEN CO 81611 ENMAR HOLDINGS LTD VILLA OF ASPEN, 23 C/O NEILEY & ALDER 201 NORTH MILL STREET SUITE 102 ASPEN CO 81611 FRANCES M. UHLER ASPEN VILLAS, B-2 814 W. BLEEKER ASPEN CO 81611 FRANCIS STREET CONDOMINIUM ASSOCIATION COMMON AREA (NO ADDRESS AVAILABLE) FRANCIS STREET TOWNHOMES ASSOCIATION COMMON AREA (NO ADDRESS AVAILABLE) GARY R. LICHTENWALTER ASPEN VILLAS, 3-1 1100 PLAINFIELD RD. JOLIET IL 60435 GEORGE W. MADSEN, JR. HER.NDON, LOT 1 608 W. HOPKINS AVE. APARTMENT 9 ASPEN CO 81611 GEORGIANNE K. SIEGEL VILLA OF ASPEN, 17 KENNETH A. SIEGEL PO BOX 9677 ASPEN CO 81612 VICTORIAN SQUARE/PUD GERD M. ZELLER LOT 1 PO BOX 37 ASPEN CO 81612 GOLD RUSH CONDOMINIUM ASSOCIATION COMMON AREA (NO ADDRESS AVAILABLE) H. MICHAEL BEHRENDT SAGEWOOD, 6 334 WEST HYMAN AVENUE ASPEN CO 81611 VILLA OF ASPEN, 10 HAROLD A. HADDON BEVERLY J. HADDON 409 21SAT STREET DENVER CO 80205 LOTS P-S, BLOCK 3, HEINZ E. COORDES CITY OF ASPEN KAREN V. COORDES 233 WEST MAIN STREET ASPEN CO 81611 J. ANTHONY PETROCCO SAGEWOOD, 11 PO BOX 10659 ASPE NCO 81612 JACQUELINE L. LAR.NER ASPEN VILLAS, A-4 1952 LEYDEN STREET DENVER CO 602.20 VILLA OF ASPEN, 15 JAMES H. LANDIS 100 NORTH 8TH STREET SUITE 15 CO 81611 ASPEN JAMES M. BLANZ SAGEWOOD, 12 2555 N.E. 11TH STREET FT. LAUDERDALE FL 33304 JAMES R. HARPER VILLA OF ASPEN, 28 540 PALMETTO ROAD BELLEAIR FL 34616 VILLA OF ASPEN, 34 JAY MARTIN DOROTHY R. MARTIN 4A OZFORD STREET CHEVY CHASE MD 20815 VICTORIAN SQUARE/PUD JAY WEINBERG LOT 3 ill N.E. 1ST STREET MIAMI FL 33132 VICTORIAN SQUARE/PUD JAY WEINBERG LOT 7 ill N.E. 1ST STREET MIAMI FL 33132 ASPEN VILLAS, D-2 JERRY S. HOGGATT PO BOX 1776 HARVEY LA 70059 VILLA OF ASPEN, 33 JOHN C. DIETRICH ANN S. DIETRICH 744 EAST LAKE STREET WAYZATA MN 55391 VILLA OF APSNE, 20 JOHN L. LEPPLA JOEN F. LEPPLA 4040 DAHL ROAD MOUND MN 55364 ASPEN VILLAS, E-5 JOSE GRINBERG SARA T. DE GRINBERG SIERRA MAZAPIL #135 11000 MEXICO JOSEPH & PATRICIA MITTON 1/2 INT. ASPEN VILLAS, E-1 DAVID FRANKLE 1/2 INT. 2121 WAGNER CA 92121 GLENVIEW JOY EIDSON REVOCABLE TRUST 1/2 INT. ARVIN WAYNE EIDSON REVOCABLE TRUST 1/2 INT. PO BOX 271 OK 73086 SULPHUR JUDY D. ANDREWS C/O NEILEY & ALDER 100 N. 8TH STREET SUITE 22 CO 81611 ASPEN JUNE SIMMONS UND. 4001 INT. NEENA B. BIXBY UND. 30o INT. 1455 GREEN RIDGE DRIVE BEVERLY HILLS CA 90210 KATIE SKIFF 920 WEST HALLAM STREET ASPEN CO 81611 KENNETH F. TITOW 17219 VILLAGE LANE DALLAS TX 75248 KENNETH T. KURTZ KAREN KURTZ C/O BRAKUR CUSTOM CABINETRY, INC. 18656 S. RT. 59 IL 60435 SHOREWOOD KLAUS F. OBERMEYER .82236 INT. HENRY OBERMEYER .17764 INT. PO BOX 130 CO 81612 ASPEN LAURA R. SAMUELS PO BOX 4934 ASPEN CO 81612 MARY LOU SABATASSO 225 NORTH 6TH STREET ASPEN CO 81611 MICHAEL E. HEISLEY 4N844 BURR ROAD ST. CHARLES IL 60175 VILLA OF ASPEN, 9 VILLA OF ASPEN, 22 FRANCIS STREET, 1 LOTS M-P, BLOCK 4 CITY OF ASPEN ASPEN WEST END, 12 ASPEN VILLAS, A-5 ASPEN VILLAS, D-3 VILLA OF ASPEN, 1 VICTORIAN SQUARE/PUD LOT 7 ASPEN VILLAS, A-3 ASPEN VILLAS, A-6 MICHAEL E. HEISLEY C/O L.W. GIES-HEICO INC. 4225 NAPERVILLE R.D. SUITE 200 IL 60532 LISLE SAGEWOOD, 2 MICHAEL TOTH 411 E. MAIN STREET SUITE 207 CO 81611 ASPEN SAGEWOOD, 3 MICHAEL TOTH ANNE G. TOTH 910 W. HALLAM STREET SUITE 2 CO 81611 ASPEN MICROPLAS MANAGEMENT COMPANY ASPEN WEST END, 10 C/O EDWARD J. CAWLEY 1341 SAN LUCAS COURT CA 90275 SOLANA BEACH FR..ANCIS STREET, 2 MILE HIGH HOLDING CO. 1991 E. ALAMEDA SUITE 9 CO 80209 DENVER MINNESOTA MATERNAL -FETAL MEDICINE ASPEN VILLAS, D-1 2115 DWIGHT LANE MINNETONKA MN 55305 ASPEN VILLAS, E-4 NANCY KAY FUNK TRUST C/O INDIANA TRUST &t INVESTMENT CO. PO BOX 5149 IN 46546 MISHAWAKA VILLA OF ASPEN, 2 NANCY R. HINRICHS 100 NORTH 8TH STREET SUITE 2 CO 81611 ASPEN ASPEN VILLAS, E-2 NICHOLAS PULLOS CAROLYN MAIER PULLOS 814 WEST BLEEKER UNIT E2 CO 81611 ASPEN VILLA OF ASPEN, 13 PATRICIA ANN WARD 429 EAST COOPER AVENUE CO 81611 ASPEN PATRICK J. KEELTY GOLD RUSH, 1 ?29 WEST FRANCIS STREET ASPEN CO 81611 GOLD RUSH, 2 PA TRICK J. KEELTY 729 WEST FRANCIS STREET ASPEN CO 81611 ASPEN VILLAS, C-5 PAUL J. MUR.RY BONITA J. MURRY 814 WEST BLEEKER STREET UNIT C5 CO 81611 ASPEN ASPEN WEST END, 14 RED OAK OF COLORADO C/O SHERRY CULPEPPER 1 LIBERTY LANE NH 03842 HAMPTON ASPEN WEST END, 15 REDOAK OF COLORADO C/O SHERRY CULPEPPER 1 LIBERTY LANE Ili 03842 HAMPTON ASPEN WEST END, 2 RED OAK OFCOLORADO C/O SHERRY CULPEPPER 1 LIBERTY LANE NH 03842 HAMPTON ASPEN WEST END, 3 RED OAK OF COLORADO C/O SHERRY CULPEPPER 1 LIBERTY LANE NH 03842 HAMPTON ASPEN WEST END, 4 RED OAK OF COLORADO C/O SHERRY CULPEPPER 1 LIBERTY LANE NH 03842 HAMPTON ASPEN WEST END, 5 RED OAK OF COLORADO C/0 SHERRY CULPEPPER 1 LIBERTY LANE NH 03842 HAMPTON ASPEN WEST END, 6 RED OAK OF COLORADO C/O SHERRY CULPEPPER 1 LIBERTY LANE NH 03842 HAMPTON P RED OAK OF COLORADO ASPEN WEST END, 8 C/O SHERRY CULPEPPER 1 LIBERTY LANE HAMPTON NH 03842 .RED OAK OF COLORADO ASPEN WEST END, 9 C/O SHERRY CULPEPPER 1 LIBERTY LANE HAMPTON NH 03842 VILLA OF ASPEN, 14 RIC RICCIARDI 100 NORTH 8TH STREET SUITE 14 CO 81611 ASPEN VILLA OF ASPEN, 6 RIC RICCIARDI 100 NORTH 8TH STREET SUITE 14 CO 81611 ASPEN ASPEN VILLAS, C-3 RICHARD A. COHEN ELIZABETH A. COHEN PO BOX 1806 CO 81612 ASPEN VILLA OF ASPEN, 25 RICHARD A. SHERRIFF PO BOX 11108 ASPEN CO 81612 VICTORIA SQUARE/PUD RICHARDHUTCHESON LOT 2 DELORES A. HUTCHESON 7540 N. DEL MAR AVE' CA 93711 FRESNO VILLA OF ASPEN, 21 RIK RICCIARDI 100 N. 8TH STREET SUITE 14 CO 81612 ASPEN VILLA OV ASPEN, 26 RIK RICCIARDI M. 100 N. 8TH STREET SUITE 4 CO 81611 ASPEN ASPEN VILLAS, A-2 ROBER T E. SHALLCROSS BETTY L. SHALLCROSS 4 PAR CIR COLUMBINE VALLEY CO 84123 ROBERT J. D'ALESSIO ASPEN VILLAS, C-4 JEAN M. D'ALESSIO 4902 TEN MILLS ROAD COLUMBIA MD 21044 VILLA OF ASPEN, 18 ROGER E. LONG MONA HAYLES LONG. PO BOX 3849 ASPEN CO 81612 SAGEWOOD CONDOMINIUM ASSOCIATION COMMON AREA PO BOX 3780 ASPEN CO 61612 SALLY F. BURCHE,LL LOTS L-0, BLOCK 3 CITY OF ASPEN AND 930 WEST FRANCIS STREET METES & BOUNDS ASPEN CO 81611 ASPEN VILLAS, E-6 SAMUEL L. EICHNER SUSANA STERN DE EICHNER SUENTE DE PIRAMIDES #2403 TECAMALCHALCO 53950 SANDRA DALE VANGHAGEN F.K.A. VILLA OF ASPEN, 8 SANDRA V. WACHTEL 100 NORTH 8TH STREET SUITE 8 ASPEN CO 81611 SHERLYNNE MORE GUEST VILLA OF ASPEN, 30 HAROLD H. BRUGG 9300 CORNWELL FARM ROAD GREAT FALLS VA 22066 SPERLING FAMILY TRUST VILLA OF ASPEN, 27 LEONA & STANLEY SPERLING, TRUSTEES 315 NORTH ELM DRIVE BEVERLY HILLS CA 90210 VILLA OF ASPEN, 31 SUSAN M. MORRISON 2550 CEDAR RIDGE ROAD WAYZATA MN 55391 SUSAN SHIRLEY HOJEL VILLA OF ASPEN, 16 VILLAS OF ASPEN 100 NORTH 8TH STREET SUITE 16 CO 81611 ASPEN SYDNEY GRAY ASPEN WEST END, 1 969 ROSE. AVENUE MENLO APRK CA 94025 THE THE JAY N. WEINBERG TRUST VICTORIAN SQUARE/PUD LOT 8 ill NE FIRST STREET SUITE 600 MIAMI FL 33132 THEMIS ZAMBRZYCKI GLATMAN VILLA OF ASPEN, 7 BRUCE ROY GLATMAN 20034 CALVERT STREET WOODLAND HILLS CA 91367 THOMAS J. ANDERSON SAGEWOOD, 7 JEANNETTE G. ANDERSON PO BOX 226 ASPEN CO 81612 THOMAS N. OVERTON VILLA OF ASPEN, 24 PATRICIA J. OVERTON PO BOX 3075 ASPEN CO 81612 TIMOTHY J. PETTIT VILLA OF ASPEN, 29 100 NORTH 8TH STREET SUITE 29 ASPEN CO 81611 ASPEN VILLAS, B-4 TONG KHON LUU TUYET LE TRAN PO BOX 2765 ASPEN CO 81612 U.S. FOREST SERVICE LOTS A -I, M-S, LOTS A-1, K-S, BLOCK 10 BLOCK 9 CITY OF ASPEN 806 W. HALLAM ASPEN CO 81611 FRANCES STREET TOWNHOMES VELVET COMPANY UNIT 901 C/O VOD CORP. 280 SAINES SUITE 100-B BIRMINGHAM MI 48809 VICTORIA SQUARE HOMEOWNERS ASSOCIATION COMMON AREA (NO ADDRESS AVAILABLE) VILLA OF ASPEN CONDOMINIUM ASSOCIATION COMMON AREA 326 TEAL COURT ASPEN CO 81611 VINCENT K. PARTYKA ASPEN VILLAS, E-3 MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: Austin Conditional Use for an Attached Accessory Dwelling Unit - Public Hearing DATE: June 7, 1994 ------------------------------------------------------------------ ------------------------------------------------------------------ SUMMARY: The Planning Office recommends approval of the Austin Conditional Use for a 352 s.f. basement level accessory dwelling unit to be created within a new residence with conditions. APPLICANT: Anne Austin -Clapper, represented by James Hartrich LOCATION: 601 W. Francis (E.1/2 Lot H and all of Lot I, Block 22, City and Townsite of Aspen) ZONING: R-6 APPLICANT'S REQUEST: The applicant requests Conditional Use for the construction of a basement level accessory dwelling unit within a proposed residence in accordance with Ordinance 1 housing replacement requirements. The 4,500 s.f. site is currently occupied by a 2,256 s.f. dwelling which will be demolished. The replacement structure will have four bedrooms and will be approximately 2,800 s.f. of FAR with a full basement. Because the ADU is not 100% above grade the applicant is not eligible for an FAR bonus for the property. The applicant has submitted floor plan, elevation, and site drawings for the proposed ADU. See Exhibit "A". PROCESS: The Planning Commission shall make a determination on the Conditional Use for the accessory dwelling unit. REFERRAL COMMENTS: (complete referral memos are attached as Exhibit "B". Housing: The proposed unit must meet the requirements of Section 24-5-510 of the Aspen Municipal Code. It shall be between 300 and 700 square feet of net livable area, deed restricted to resident occupancy, and have minimum lease periods of 6 months. The deed restriction shall be approved by the Housing Office, recorded with the County Clerk, and proof of recordation forwarded to the Housing Office prior to issuance of any building permits for the site. Zoning: Although not specific to the ADU, the residence as proposed does not meet the minimum 6.66' side setback for a corner lot. The applicant has been advised of this problem. STAFF COMMENTS: The Commission has the authority to review and approve development applications for conditional uses pursuant to the standards of Section 24-7-304: 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: This proposed unit will allow the property to house local employees in a residential area, which complies with the zoning and Aspen Area Comprehensive Plan. 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 accessory dwelling is compatible with the principal dwelling and other residential uses in the surrounding neighborhood. 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: A parking space is not required by code for a studio accessory unit. Four spaces are provided on site for the four bedrooms of the principle dwelling. As Zoning pointed out, the designer must still resolve a setback issue for the residence. No other significant 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: All public facilities are already in place for the existing home and neighborhood. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. RESPONSE: The applicant must file appropriate deed restrictions for resident occupancy, including 6 month minimum leases. Proof of recordation must be forwarded to the Planning office and Housing Office prior to issuance of any building permits. The kitchen K C�'- facilities in the ADU must comply with the Housing Guidelines specifications. 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: If approved with the conditions recommended by staff, this use complies with the Aspen Area Comprehensive Plan for provision of sound, livable affordable housing units. STAFF RECOMMENDATION: Planning recommends approval of the Austin Conditional Use for a 352 s.f. basement level accessory dwelling unit with the following conditions: 1. The owner shall submit the appropriate deed restriction to the Aspen/Pitkin County Housing Office for approval. The accessory dwelling unit shall be deed restricted to resident occupancy with minimum 6 month leases. Upon approval by the Housing Office, the Owner shall record the deed restriction with the Pitkin County Clerk and Recorder's Office. 2. Prior to issuance of any building permits, a copy of the rec.orded deed restriction for the accessory dwelling unit must be forwarded to the Planning Office. 3. The kitchen in the ADU must comply with the specifications within the Housing Guidelines. 4. 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. 5. 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 approve a Conditional Use for a 552 s.f. basement level accessory dwelling unit within the proposed Austin residence at 601 W. Francis St. with the conditions recommended in the Planning Office memo dated 6/7/94." Exhibits: "A" - Proposed Site Plan, Floorplan, and Elevations "B" - Referral Memos K3 Par* I ountain Vlow Dr c aAd unny GY lit�Krt ton �It °4 I Aspen P"WT �o t fw Institute yea}, Hunter G Pd n d Ltj ►Ausic S err Tent M JS Q Huth"n ' t Not eve street or road Is Ys 4, ollaa if st o every "k K p rl r L;tkc named on maps or listed In °�. OoI C:tou,ns. • . t street guides. Construction of streets and roads may be In i�` Vin• s/ LI progress In certain areas, eH ��• 3r� ° 3 Race Sr n Maroon + ti \ Smuggler Mtn Rd Aspen ®r Hospital 4 �� A 4 r Q O' n N Path/ � � rT Sr Ra •nrsi •oon Lake d`�to Francis St ............. �, .,. G-3-4 Q ✓w Mall t Galeru St ................ .. I .,...,....H•S Meadow Dr............ H•2 sy �kapui GarmischSt. ....................G-H-4-S MeadowoodDr....,..%'H•2 q Gibson AV— .......... ... L....... G•H-S-6 Meadows Rd ...... � n � Gilbert St .............. ..... H-S Midland Av...................... H-6-7 t O S Vista Dc...........................F•2.3 Gillespie St .......... ..... �... ................ ..F-4 Mill St..............................,,„G•I S umm W u` cn St .................................G-H•S Hallam St.......,...... G-3•5 Monarch St.............,............,A-H-S St.........................................G-6 Heather Ln........ ...............G•H-2 Mountain View Dr ................... E-2.3 larnard Ct..............................G•3 Hill St .............. ..... I................... H-S Mt Laurel Ct...............................1.8 t3� nfv ett Bench Rd....................E-4•S Homestake Dr. 1....................E•2 Mt Laurel Or............................I-1-8 �% A. R westvlow .k Birch Or ....................E-F-2.3 Hopkins Av....... .............G•H-3-6 Neal Av......... .............................. H•6 it Ai �, my Ln................................. E-2-3 Hunter SL.,,.. .......,..,H-S NorthDr S t...................................F-3-4 I � /r n,(y 5i tie Creek Dr ...........................F•3 Hunter Cree Rd .................... D-E•6 Original St ............................... H-1-6 Red's Rd ......... I ................ D-E-4-6 tic Creek R d...................G•1-1.3 Hyman Av .. .... .................. G-H-4-6 Overlook Or .............................. E-3 Regent St ........ ........................ H•6 7 netery L n.......................D-G•2.3 Juan St...... .H-4-S Park Av.... ................................... H-6 Ridge Rd ......... I ........................... E-S Snow Bunny +..,,�� ,tennial Cir...........................1-6.7 Juanita St.................................M-S Park Ci r.............. ,....................... H 6 River Dr ......... 1........................... E 3 South Av.,..,,.,.,.....,.......... ......... G 6 51 afield Rd................................E-2 King St. .................................... H-6 Pearl St....................,...................F-4 Riverside Av.... I ........................... H-6 Spring St......,....,............ ..G•H•S-6 veland St...............................H-6 Lake...................................F-G-4 Placer Ln..................................... F•S Riverside Dr .... I .... ,.................... 1.6.7 Spruce St............... ................G•6 St )per A ...............................H-4-S spur.Ln................................ H-2 Power Plant Rd ....................... F•G•3 Riverside St ..... 1 ................. ,.......... 1.6 Summit S t................................... H-S stal Lake Rd ...........................1.7 ne Pinc Rd......................... G-5-6 Primrose Path ............................. H-2 Roaring Fork Dr ........................... 1.7 Vine S t........................................ G•6 le St........................................H-6 J up -Inc Dr .................................. I-1.8 Puppy Smith St .......................... G-S Roaring Fork Rb...................... F-4-S Walnut St .................................... G•6 anSt.......................................H Magnifico Rd .............................. E-4 Pyramid Rd ................................. F- I Sage Ct............ 1.... ,...................... E•2 Waters Av.................. .................... 1.6 iw Or ................................. S i Main S t............................... G-H-3-S Queen St.................................... H-6 Salvation Cir.... I .......................... E•2 West End St .............................. H-1-6 rant Av.......................... ... H-4-li Maroon Creek Rd ............... G-H-1.2 Race St ....................................... 0.6 Silver King Dr..l.......................... E-2 Westview Dr .............................. 1.7.8 it Bleeker St .............. ..i-H-S-6 Maroon Dr .................................. F-I Red Butte Dr ....................... D-E-2.3 Smuggler St ..... 1................... F-G-3-S Wil!oughby Wy..................... E-F-3-5 To Twin Lakes, ;twood Rd .............. ... .......I-7 McSkimming Rd ..................... H-1.7 Red Mountain Rd ............... D-G•S•6 Smuggler MounWn Rd .............. G-6 Wright Rd .................................... E-S Independen Pass To A croft I ALPHA MAPS t V\ MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Bob Gish, Public Works Kim Johnson, Planning RE: West End Traffic Study, 4th Street Bus Route DATE: June 7, 1994 Summary: During the week of May 23, Bill Efting, Roger Hunt, George Vicenzi, Jan Collins and representatives from RFTA and the MAA met to revisit the issue of using 4th Street as a bus exit route after music events. This meeting was precipitated by the west end neighbors urging City Council and the P&Z to reconsider the traffic patterns which the P&Z approved at its April 26 meeting. The P&Z voted to reconsider their April decision on May 17, 1994. They instructed the neighbors to limit the continued discussions only to the 4th Street issue. The final conclusion is that 4th Street will be used as a bus exit after concerts except for one bus leaving on 5th Street. Signage of the west end will be an on -going project this summer. Enforcement of traffic signs will be stressed. The sub -committee will observe the plan in action this summer and report back to the P&Z in the fall. Additional Comments: Tom Stephenson reported that the recent data collected in a study of traffic speeds and accident reports in the west end indicate that the speed limit should be lowered to 25 MPH. We will hear more on this soon. Also, Jack Reid wanted to go on record as being against using 4th Street as a bus route because it is too narrow and the pavement is not substantial enough for the weight of buses. He thinks that 2 inches of asphalt is needed (at $8,500.00 per block) to remedy the situation. Recommendation: Staff recommends that the P&Z amend the Meadows Traffic Mitigation Plan adopted in April 1994 so that 4th Street is the primary bus exit route after concerts, with the exception that one bus will exit on 5th Street. attachment: May 31 letter from Bill Efting — A W THE CITY OF ASPEN To: City of Aspen Planning and Zoning commission From: Bill Efting, Asst. City Manager Date: i M e 31, 19.94 Re: West End Traffic Mitigation Last week I met with Roger Hunt, George Vicenzi, Jan Collins, and representatives from RFTA and the MAA. The primary change will be the use of 4th Street after concerts by buses. One bus will still use 5th Street after the concerts. This was agreed upon by all parties at the meeting. The committee and staff will continue to work on s ' ignage in the West End. It was also agreed that the City of Aspen will be very aggressive on enforcement of the signage when it is in place. We will continue to study this plan during the summer and come back in the fall with our conclusions. 130 SOL'TFi GALENA STREET - ASPEN, COLORADO 81611 - PHONE 303.920.5000 - FAx 301,920.5197 PnntL,d on ren.cled paper MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Senior Planner RE: Takah Sushi Review for Outdoor Patio DATE: June 7, 1994 SUMMARY: Case Coffman, owner of Takah Sushi restaurant, requests the use of open space adjacent to her restaurant for outdoor patio dining. Pursuant to Section 24-3-101, required open space may be used for a commercial restaurant activity via a review by the Planning and Zoning Commission. APPLICANT: Casey Coffman, Takah Sushi Restaurant LOCATION: 420 East Hyman Avenue, Aspen ZONING: CC - Commercial Core APPLICANT'S REQUEST: To use required open space for patio dining. REFERRAL COMMENTS: Engineering - Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Commercial Core & Lodging Commission - Perhaps the CCLC should be consulted as a referral agency for this application. 2. Pedestrian Circulation - The plan indicates the narrow point for pedestrians to be 42". The City Code requires de sidewalks in the commercial core. Although this application i42t for a typical sidewalk in the public right-of-way, nevertheless 11 appears to be too narrow for pedestrian circulation. Two people cannot walk abreast in that amount of space. The pedestrian neckdown should perhaps s be limited to 5 feet (6011) minimum. Additionally, there are businesses located at both the mall and second floor levels that access past the neckdown. 3. Use of Open Space - The CCLC may want to address how the existing open space is used versus how it is proposed to be r the It appears that the existing open space could bed improved pr thdne�kdown entire area. Perhaps the existing planter locate should be relocated. Note that there is weedy grass growing in patches between pavers in the alcove. There is no e rassu growing between pavers in the mall. The applicant te the grass. The area to consult with the Parks Department to appears as though there might be a benefit from lighting improvements and perhaps visual amenities such as wall paintings or sculpture. HPC - The Historic Preservation committee reviewed the request and believed that the CCLC was the appropriate party to review the application because of their standards for outdoor dining on the mall. Fire Marshall - The Fire Marshall had no comments regarding this proposal. STAFF COMMENTS: Proposal - According to the application, the applicant proposes to secure an approximately 120 square foot area in the open space between the 414 and 420 East Hyman buildings and provide four "three -top" dining tables. The property owners of 414 and 420 East Hyman have consented to the outdoor dining improvements, exhibit A. Please refer to the patio dining plan, exhibit B. The applicant has increased the pedestrian walkway to 5 feet near the planter. The CCLC was consulted regarding this proposal but because the proposed patio is On private property and noi t on he e allthey declined review of the proposal. However, staff has ncorporated items the CCLC considers when reviewing mall activities into the conditions of approval for this proposal. RECOMMENDATION: Staff recommends approval of the review for restaurant activity in required open space for Takah Sushi Restaurant finding that outdoor dining in this location will not inhibit pedestrian movement or emergency vehicle access and the use is compatible and consistent with summer activities found in downtown Aspen. Staff recommends approval with the following conditions: 1. The use of the open space is for outdoor dining with 4 "three - top" tables. 2. The outdoor patio use shall begin on Memorial Day weekend and end on October 1 which is consistent with other outdoor dining uses on the pedestrian malls. 3. This approval may run with the restaurant until such time that the patio use is expanded which shall requir6 an amendment to this approval or the property owners terminate the use of this area for outdoor dining purposes. 4. The fencing shall be cast iron and a gate is necessary to control access. 2 5. All representations made in the application or by the applicant at the Planning and Zoning Commission meeting shall be adhered to during development. RECOMMENDED MOTION: "I move to approve the review for restaurant activity in required open space at 420 East Hyman Avenue with the conditions as outlined in Planning Office memo dated June 7, 1994." ATTACHMENTS: A. Owner's Consent B. Proposed Site Plan 3 EXHIBIT A VICENZI &COMPANY May 112,, 1994 Aspen Ptanning & Zoning Aspen, CO Dear MS Lamont: 12 Please be advised that Taka Sushi has our permission to operate an outdoor extension of it's present restaurant as they have requested in their application. Also, we (Bil Dunaway, Albert Kern, George Vicenzi) dba DUVIKE own all the DUVIKE Condominiums including Unit 101 which Taka Sushi rents from us to operate as a restaurant. If you have any questions, please give moi a call. Cordially, George A. Vicenzi Managing Partner DUVIKE GAV: mk P.O. BOX 2238 ASPEN COLORADO 81612 3031925-1196 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Mary Lackner, Planner RE: Creektree Subdivision/PUD Amendment DATE: June 7, 1994 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The applicant is seeking approval to amend the Creektree Subdivision to merge Lot 2 and Lot 4 (which is used solely for access and parking) to increase the building square footage on Lot 2; subdivision exemption to amend the condominium plat to redefine the easements on Lot 4; and stream margin review for a 110 sq.ft. addition to unit 735. The primary issue of this application is whether the existing units should be calculated under the "detached residential" or "duplex" floor area requirements of the Land Use Regulations. The applicant will be seeking vested rights approval from City Council. Staff recommends denial of the request to increase the floor area on Lot 2 because the existing duplex structures on Lot 2 are non- conforming due to being over the permitted floor area of the R-6 zone district. A copy of the applicant's application package is included as Exhibit "A". APPLICANT: David Beckwith, with authorization from all Creektree Condominium owners, represented by Sunny Vann, LOCATION: 727, 729, 733 and 735 E. Bleeker Street, Creektree Subdivision Lots 2 and 4. ZONING: R-6 PUD, moderate -density residential. PROCESS: The Planning Commission will review the applicant's request for the PUD Amendment at a public hearing and will make a recommendation to City Council. Subdivision Exemption and Stream Margin Review Exemptions are Planning Director approvals, however they cannot be approved until after City Council has approved the PUD Amendment, as there is presently no floor area available on Lot 2. The Subdivision Exemption and Stream Margin Exemption analysis are included as Exhibit "B" so the Planning Commission can better understand the entire development, request. REFERRAL COMMENTS: Staff has received referral comments from the City Engineer and the Parks Department. These referral memos are attached to the packet in Exhibit "C" and "D", respectively. STAFF COMMENTS: The applicant is seeking to merge Lot 2 and Lot 4 to enable the owners of the Creektree units to add additional floor area to their units. The applicant will also reduce the coverage of the access easement across Lot 4 to enable the applicant to benefit from the increased lot area. Lot 2 of the Creektree Subdivision is presently improved with four condominium units located within two duplex structures. Lot 2 is approximately 0.533 acres with about 9,525 sq.ft. of improved space. Lot 4 is about 0.337 acres and is encumbered by a blanket access easement for the City of Aspen and parking spaces for Lot 2. There is no floor area attributable to this parcel. (Site plan illustrations are attached to the memo) . Three of the existing Creektree units are 2,285 sq.ft in size and Unit 735 contains 2,670 sq.ft. (Unit 735 was approved for additional square footage in 1991. However, staff recognizes that this approval was issued in error and the addition should not have been permitted). This PUD amendment is being processed to permit this unit to add approximately 110 sq.ft. of floor area and to determine the amount of floor area available for future use. The Creektree Subdivision/PUD Plat was recorded on February 14, 1978 and identified the "approved" square footage of each duplex structure at 4,570 sq.ft. Chief Building Official Clayton Meyring prepared notes for the Creektree duplexes plan review in August 1978. He indicated that the proposed floor area was over the allowed floor area granted in the PUD. The applicant then revised the design to bring it into compliance with the floor area requirement. The 1977 approvals for the Creektree Condos referred to the structures developed on Lot 2 as "two duplex units", see Exhibit "Ell. At the time the duplexes were approved and constructed there was no floor area requirement in the R-6, R-15, or R-30 zone districts other than the floor area specified on the Subdivision/PUD Plat. In 1982 floor area limitations were established in the R-6, R-15, and R-30 zone districts, thus making the existing duplex structures non -conforming due to floor area, under the current R-6 regulations. To determine the permitted "duplex" floor area on the existing Lot 2 and proposed merged Lot 2, staff has taken the adjusted lot area (subtracting area under water and access easements) and divided it by two to determine the maximum floor area for two duplex parcels. The following table illustrates these calculations: 2 DUPLEX CALCULATIONS R-6 Req. R-6 if lots As Built Requirement are merged Floor Area Unit 735-733 4,955 sf 3,720 sf 4,203 sf 729-727 4,570 sf 3,720 sf 4,203 sf Total Floor Area 9,525 sf 7,440 sf 8,406 sf The applicant is requesting that the duplex units be calculated under the detached residential floor area requirements of the R- 6 zone district. The applicant's proposal would permit an additional 2,900 sq.ft. of floor area to be constructed on the parcel. Therefore, the issue of this request is that the applicant is asking the Planning Commission to support him in considering the existing units as single family units for the purpose of calculating floor area. To determine the permitted detached residential floor area on the existing Lot 2 and proposed merged Lot 2, staff has taken the adjusted lot area (subtracting area under water and access easements) and divided it by four to determine the maximum floor area for the each unit. The detached residential floor area calculations are as follows: DETACHED RESIDENTIAL CALCULATIONS R-6 Req. R-6 if lots As Built Requirement are merged Floor Area Unit 735 2,670 sf 2,504 sf 3,106 sf Units 733 2,285 sf 2,504 sf 3,106 sf Unit 729 2,285 sf 2,504 sf 3,106 sf Unit 727 2,285 sf ------------------------------------------ ------------------------------------------ 2,504 sf 3,106 sf Total Floor Area 9,525 sf 10,016 sf .12,424 sf * Staff will review our analysis with the Commission at the meeting. Staff is uncomfortable supporting the applicant's request to calculate the floor area of these units as single family residences 3 for the following reasons: 1. The land use files from the Creektree Subdivision indicate reference to these units as "duplex" structures. (Exhibit "Ell) 2. The configuration of these units meet the definition of a duplex dwelling unit. They do not meet the definition of a detached residential unit. According to Section 24-3-101 of the Aspen Land Use Regulations the definitions are: Dwelling, duplex means two-family dwellings with the units either side -by -side or in an over-under configuration. In the side -by -side configuration, the units share a common wall, while in the over-under configuration, they are stacked. A minimum of twenty (20) percent of the length of the two (2) walls in common shall be shared between the units, regardless of whether the wall is shared by all floors of the units. The shared walls in common shall not be the walls of a breezeway, or similar accessory structure, but may include the walls of a garage. Dwelling, detached residential means an individual residential dwelling that is developed with open yards on all sides of the dwelling unit. Detached residential dwelling does not include mobile homes or recreational vehicles. Dwelling, attached residential means a residential dwelling unit consisting of two (2) or more residential units that are developed without open yards on all sides of the dwelling unit. Attached residential dwellings include duplex dwellings, and multi -family dwellings. 3. A precedence would be set if this application is approved and other duplex structures were considered single family homes and could substantially increase their allowed floor area. 4. The applicant contends the Creektree Subdivision/PUD originally contemplated four single family dwelling units and was finally approved with two duplex units containing four units. Therefore, the duplexes should be considered "detached residential" units which are located in a row house or zero lot line configuration as discussed in Section 24-7-903 (B) (3) of the PUD regulations: Detached residential units clustered in a zero lot line but multi -family dwellings permitted by the underlying 4 may be authorized to be or row house configuration, shall only be allowed when zone district. I The 1977 approvals did not reference these units as zero lot line or row house units. In fact the duplex structures are located on one lot, so the zero lot line concept does not presently exist. Secondly, the Aspen Land Use Regulations do not define "row house", however Webster's Dictionary provides the following definition of row house: "one of a series of house connected by common side walls and forming a continuous group" Staff does not believe the configuration of the Creektree duplexes can be considered a "row house" which traditionally contain more than two units as described by this definition. The applicant believes that the Clarendon Condominiums used Section 24-7-903(B)(3) of the PUD regulations to be eligible to increase the size of the units pursuant to the single family home floor area calculations. Staff argues that the Clarendon Condominiums were distinctly approved as 15 units in a row house configuration in 1976, whereas the Creektree Condominium records indicate that two duplexes were approved and not row houses or zero lot line structures. 5. Lot 2 currently does not comply with the minimum lot area requirements per dwelling unit. The net square footage of Lot 2 is approximately 13,500 sq.ft. Two duplex structures require 15,000 sq.ft. of lot area and four detached residential units require 24,000 sq.ft. of lot area. Should Lot 2 and Lot 4 become merged, the new lot area would be 22,100 sq.ft. Therefore, the duplex structures would be conforming due to lot area but the detached single family units would not. 6. Both the Planning and Zoning Commission and City Council have expressed concern that the floor area requirements in residential districts, especially the R-6 zone district, are currently too large, and that the City will being revising FAR's within the next several months. Staff is uncomfortable recommending approval of the applicant's request to interpret these units as "detached residential" units which would permit the applicant to increase their permitted floor area. In summary, the applicant wants the Planning Commission to determine whether these units should be considered "duplexes" and calculated pursuant to the duplex FAR requirements OR whether these units are considered "detached residential" units and calculated pursuant to the detached residential FAR requirements. If they are considered "duplexes" the square footage permitted per unit would be 2,101 sq.ft. for a total of 8,406 sq. ft. on the parcel. If they are considered "detached residential" the square footage permitted per unit would be 3,106 sq.ft. for a total of 12,424 5 sq.ft. on the parcel. (This assumes the applicant's request to merge Lot 2 and Lot 4 is approved). In order to make the proposal more palatable to the City, the applicant has committed to condition of approval that would limit each unit to expand a total of 500 sq.ft. within the existing footprint of the structure. This would permit the garages on units 727, 729, and 733 to be converted to living space and conversion of space over existing decks. As mentioned earlier in this memo, Unit 735 was granted a building permit to convert the existing garage into living space, which staff contends was approved in error since the buildings are considered non -conforming structures. The impetus of this application is that the owner of Unit 735, Dave Beckwith, wishes to enclose an existing deck. This would increase the floor area of his unit by 110 sq.ft. Other Issues 1. The current duplex structures are also non -conforming due to sideyard setbacks, as only 38 feet exist. The existing lot requires a total of 48 feet for sideyard setbacks, with a 15 foot minimum distance on each side. The proposed merger of Lots 2 and 4 will require a total of 50 feet for sideyard setbacks because of the increased lot size. The applicant has indicated that he would like to vary the sideyard setbacks pursuant to the PUD provisions of Section 24-7-903 (4) (e) of the Code. Staff would support this PUD request as no additional encroachment into the setbacks is proposed by this application. 2. Each unit has four bedrooms, for a total of 16 bedrooms in the Creektree duplexes. If other units are permitted to convert their garages into uses other than parking, the applicant will need to ensure that a minimum of 16 parking spaces are provided on Lots 2 and 4. The plat indicates there are 10 designated spaces, however additional room exists for more parking. 3. The maximum site coverage requirement for Lot 2 is 4,643 sq.ft. which is 20% of the total lot area. The applicant has not given the Planning Office the current site coverage of the improvements. The merged lots have a maximum site coverage requirement of 7,615 sq.ft. 4. The applicant's proposed addition of 110 sq.ft. of floor area will increase the non -conforming status of the property for floor area. Section 24-9-103(C) of the Aspen Municipal Code does not permit expansions to non -conforming structures. SUMMARY: Staff does not support the applicant's request to merge Lot 2 and Lot 4 of the Creektree Subdivision to obtain additional floor area for Unit 735 because there is no floor area available 6 0 to be utilized under the R-6 floor area calculations. Staff also does not support the applicant's request to calculate the floor area for each unit as a detached residential unit because there is a clear distinction in the past approvals for Creektree that these are two duplex structures, and not zero lot line or row houses. The Planning Commission should also be aware of the precedence of interpreting these units as something other than a duplex as the additional floor area permitted between duplex and single family structures can be substantial. Should the applicant wish to pursue the merger of Lots 2 and 4 for "housekeeping" measures and not seek an increase in floor area, this can be accommodated and staff supported with a PUD variance for setbacks. RECOMMENDATION: The Planning Office recommends denial of the applicant's request. Exhibits: "A" - Application Information "B" - Planning Director Reviews (Subdivision Exemption/Stream Margin Exemption) "C" - City Engineer referral "D" Parks Department referral "E" Original Creektree Subdivision records 7 _ r i It - CFIT r r 555',)7'CO"W 5331 N531400" W 5 GD WCE TFAL LA •fTTP. Q?Iti1P � P'WENIGJPS AFFIDAVIT OF PUBLIC NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL (Pursuant to Section 6-205.E. of the Land Use Regulations) STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The undersigned, being first duly sworn, deposes and says as follows: I, SUNNY VANN, being or representing an Applicant before the City of Aspen, personally certify that Public Notice of the application for an amendment to the Creektree subdivision plat and PUD development plan was given by 1) posting of notice containing the information required in Section 6-205.E.2., which posting occurred on March 26, 1994, in a conspicuous place on the subject property, and that the said sign was posted and visible continu- ously from that date, and 2) mailing Notice of said development application to all property owners within three hundred ( 3 0 0 ) feet of the subject property, which mailing occurred on March 25, 1994. Applicant: DAVID E. BECKWITH to The foregoing Affidavit of Public Notice was acknowledged and signed before me this 7 day of , 19941 by Sunny Vann on behalf of DAVID E. BECKWITH. ZF7 WITNESS my hand and official seal. My commission expires: Ildy Commission expirti/' 4t`a�r&yAPubl'J/C-' PUBLIC NOTICE RE: CREERTREE SUBDIVISION/PUD AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 5, 1994 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, City Hall, 130 S. Galena, Aspen, CO to consider an application submitted by David Beckwith, 777 E. Wisconsin Ave., Milwaukee, WI, requesting approval of an amendment to the Creektree subdivision/PUD plat to merge Lots 2 and 4 and to clarify the project's maximum allowable floor area. The Creektree Condominiums are located at 727, 729, 733 and 735 E. Bleeker St.; Lots 2 and 4, Creektree Subdivision. For further information, contact Mary Lackner at the Aspen/Pitkin Planning Office, 130 S. Galena, Aspen, CO 920-5106 slBruce Kerr, chair Aspen Planning and Zoning Commission Published in the Aspen Times on March 18, 1994 City of Aspen Account EXHIBIT 6 ent J. Higens President PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, 3RD FLOOR ASPEN, COLORADO 81611 303-925-1766 : 303-925-6527 FAX 300' OWNER'S LIST Christina Davis Vice President Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado, hereby certifies the following list is a current list of property owner's within three hundred feet of Creektree Condominiums, as obtained from the most current Pitkin County Assessors Tax Rolls, and updated to January 01, 1994. NAMES AND ADDRESSES LEGAL DESCRIPTION -------------------------------------------------------------------------- PLEASE REFER TO LIST ATTACHED HERETO AND MADE A PART HEREOF AUTHORIZED SIGNATURE % ALBERT EISENSTAT CONSTANCE EISENSTAT 358 WALSH ROAD ATHERTON CA 94027 ANN MARSHALL P.O. BOX 10894 ASPEN CO 81612 ASPEN MAIN CONDOMINIUM ASSOCIATION (NO ADDRESS AVAILABLE) RIVER PARK IN ASPEN, UNIT 4 URBAN BLIGHT CONDOS, UNIT 2 COMMON AREA AUSTIN FINANCIAL CO. CONCEPT 600 CONDOS, #304 A MINNESOTA CORP 6692 MANCHESTER VLVD. BUENA PARK CA 90621 AVERY J. TIMMS LARKSPUR CONDOS, #A-2 MARIE J. TIMMS 036 DAVIDSON LANE SNOWMASS CO 81654 BART MAESTRANZI CONCEPT 600 CONDOS, #305 1101 N. WESTERN PARK RIDGE IL 60068 BAYARD Y. HOVDESVEN ASPEN MAIN CONDOS, UNIT 209 P.O. BOX 3810 ASPEN CO 81612 BUNNY OLDS ORIGINAL CURVE CONDOS, #307 719 E. HOPKINS #3 ASPEN CO 81611 C.A. VIDAL CONCEPT 600 CONDOS, #7-B C/O REAL ESTATE AFFILIATES 117 SO. MONARCH ST. ASPEN CO 81611 C.A. VIDAL CONCEPT 600 CONDOS, #8-B C/O REAL ESTATE AFFILIATES 117 SO. MONARCH ST. ASPEN CO 81611 C.A. VIDAL CONCEPT 600 CONDOS, #9-B C/O REAL ESTATE AFFILIATES r 117 SO. MONARCH ST. ASPEN CO 81611 CHRISTINE AUBALE GERSCHEL ASPEN MAIN CONDOS, UNIT 201 P.O. BOX 2985 ASPEN CO 81612 CITY OF ASPEN HERRON PARK AND METES AND BOUNDS 130 S. GALENA ASPEN CO 81611 CITY OF ASPEN RIO GRANDE 130 S. GALENA ASPEN CO 81611 CLARK FICKE CONCEPT 600 CONDOS, #202 P.O. BOX 2995 ASPEN CO 81612 CONCEPT 600 CONDOMINIUM ASSOCIATION COMMON AREA P.O. BOX 12344 ASPEN CO 81612 CREEKTREE CONDOMINIUM ASSOCIATION COMMON AREA (NO ADDRESS AVAILABLE) DAVID E. BECKWITH CREEKTREE CONDOS, UNIT 735 C/O FOLEY AND SUBJECT PROPERTY 777 E. WISCONSIN AVE. MILWAUKEE WI 53202 DAVID S. KIDDER CONCEPT 600 CONDOS, #306 3928 UNIVERSITY BLVD. DALLAS TX 75205 DEAN GREENBERG RIVER PARK IN ASPEN, UNIT 6 112 N. SPRING STREET ASPEN CO 81611 DEITER CANTRUP PETER CANTRUP 57 CUB COURT EL JEBEL CO DELPHINIUM ASSOCIATES C/O WALTER S. BAKER, JR. P.O. BOX 1600 HOUSTON TX DON Q. LAMB, JR. LINDA GILKERSON 5640 ELLIS AVENUE CHICAGO IL DONALD D. DAMERELL C/O ABD IRRIGATION 8444 LIMONTIE RIVERSIDE CA DONALD R. HEYS MARIE L. HEYS 2495 ADARE ANN ARBOR MI EDWALD RAINER 409 EAST COOPER AVE. #4 ASPEN CO EDWARD C. VARE DARLENE DE SEDLE VARE 22 WILDROSE AVE. GUILFORD CT EDWARD L. THRASHER, JR. P.O. BOX 7974 ASPEN CO FRANK BLATT C/O NORTHWOOD CONTRACTORS P.O. BOX 6543 ANNAPOLIS MO FRATERNAL ORDER OF EAGLES 700 E. BLEEKER ASPEN CO 77251 60637 ORIGINAL CURVE CONDOS, #106 LARKSPUR CONDOS, #A-5 CONCEPT 600 CONDOS, #203 ASPEN MAIN CONDOS, UNIT 202 CONCEPT 600 CONDOS, #303 48104 ORIGINAL CURVE CONDOS, #109 81611 URBAN BLIGHT CONDOS, UNIT 1 06437 ASPEN MAIN CONDOS, UNIT 302 81612 ORIGINAL CURVE CONDOS, #207 21401 CREEKTREE SUB., LOT 3 81611 GABRIELLA BURSTEN P.O. BOX 571 PACIFIC PALISAD CA 90272 GAIL COTTINGHAM KOCH 134 WEST HYMAN AVENUE ASPEN CO 81611 GAIL COTTINGHAM KOCH 134 WEST HYMAN AVENUE ASPEN CO 81611 GAIL COTTINGHAM KOCH 134 WEST HYMAN AVENUE ASPEN CO 81611 GAIL M. GROSS 2700 POST OAK BLVD. #1670 HOUSTON TX 77056 GAILEN B. SMITH P.O. BOX 241 SNOWMASS CO 81654 GEORGE W. MURPHY P.O. BOX 4146 ASPEN CO 81612 GIGNOUX-LYNCH HOMEOWNERS ASSOC. (NO ADDRESS AVAILABLE) GILBERT W. & PATSY K. HICKS TRUSTEES OF TRUST AGREEMENT 3674 WOODLAWN TERRACE PLACE HONOLULU HI 96822 GREG SHERWIN 1028 E. HOPKINS SUITE 26 ASPEN CO 81611 ORIGINAL CURVE CONDOS, #202 RIVER PARK IN ASPEN, UNIT 7 RIVER PARK IN ASPEN, UNIT 8 RIVER PARK IN ASPEN, UNIT 9 OKLAHOMA FLATS SUB. LOTS 10 11 & 12, BLOCK 2 GIGNOUX-LYNCH, LOT 1 GIGNOUX-LYNCH, LOT 2 COMMON AREA CONCEPT 600 CONDOS, #209 ORIGINAL CURVE CONDOS, #104 " GREG SHERWIN 1028 E. HOPKINS, #26 ASPEN CO 81611 GRETCHEN & MICHELE HENRICKS WILLIAM & DEBORAH HENRICKS P.O. BOX 9403 ASPEN CO 81612 HAROLD A. THAU I P.O. BOX 1171 WESTON CT 06883 HOLLAND AND HART 600 EAST MAIN - ASPEN CO 81611 HOLLAND AND HART 600 EAST MAIN ASPEN CO 81611 HOLLAND AND HART 600 EAST MAIN ASPEN CO 81611 HOLLAND AND HART 600 EAST MAIN ASPEN CO 81611 HOLLAND AND HART 600 EAST MAIN ASPEN CO 81611 HOLLAND AND HART 600 EAST MAIN ASPEN CO 81611 HOWARD L. HANSON EILEEN R. HANSON P.O. BOX 1690 ASPEN CO 81612 ORIGINAL CURVE CONDOS, #108 CONCEPT 600 CONDOS, #201 LARKSPUR CONDOS, #B-4 CONCEPT 600 CONDOS, #1-A CONCEPT 600 CONDOS, #2-A CONCEPT 600 CONDOS, #3-A CONCEPT 600 CONDOS, #4-A CONCEPT 600 CONDOS, #5-A CONCEPT 600 CONDOS, #6-A OKLAHOMA FLATS SUB. LOTS 7, 8 & 9, BLOCK 2 JAELLY & ASSOC. C/O JOHN ELMORE 700 E. MAIN STREET ASPEN CO 81611 JAELLY & ASSOC. C/O JOHN ELMORE 700 E. MAIN STREET ASPEN CO 81611 JAELLY & ASSOC. C/O JOHN ELMORE 700 E. MAIN STREET ASPEN CO 81611 i JAELLY & ASSOC. C/O JOHN ELMORE 700 E. MAIN STREET ASPEN CO 81611 JAELLY & ASSOC. C/O JOHN ELMORE 700 E. MAIN STREET ASPEN CO 81611 JAELLY & ASSOC. C/O JOHN ELMORE 700 E. MAIN STREET ASPEN CO 81611 JEAN-PAUL AUBE 522 ALGONQUIN BLVD. EAST TIMMONS ONTARIO CANADA P4N1B7 JEFFREY D. J. KALLENBERG UND 50% SANDRA L. KALLENBERG UND 50% 9425 RED OAK DRIVE PARISH OF CADDO LA 71103 JEFFREY N. WILLIAMS KEVIN G. HUTCHENS 614 WEST 67TH KANSAS CITY MO 64113 JEFFREY S. SHOAF P.O. BOX 3123 ASPEN CO 81612 RIVER PARK IN ASPEN, UNIT 10 RIVER PARK IN ASPEN, UNIT 11 RIVER PARK IN ASPEN, UNIT 12 RIVER PARK IN ASPEN, UNIT 13 RIVER PARK IN ASPEN, UNIT 14 RIVER PARK IN ASPEN, UNIT 15 CONCEPT 600 CONDOS, #307 CREEKTREE CONDOS, UNIT 733 ORIGINAL CURVE CONDOS, #302 SHOAF'S WATERFALL, LOT 2 JEFFREY S. SHOAF 1/2 MARGARET B. PAUL 1/2 113 NEALE AVENUE ASPEN CO 81612 i JERE MCGAFFEY i i 777 E. WISCONSIN AVENUE MILWAUKEE WI 53202 JOAN E. SCHROEDER 53 PIMA CT. BOULDER CO 80303 JOAN L. METCALF TRUST P.O. BOX 8542 ASPEN CO 81612 JOHN HOBAN 5406 N. BRIAN RIDGE CIR. MCKINNEY TX 75070 JOHN L. LANCASTER, III ROBERT P. LANCASTER 901 MAIN ST. SUITE 6000 DALLAS TX 75202 JOHN L. SOMMER 5094 AVENIDA HACIENDA TARZANA CA 91356 JONATHAN G. ASHTON P.O. BOX 4038 ASPEN CO 81612 JOSEPH A. MARCHETTI, TRUSTEE 1526 FOREST DRIVE GLENVIEW IL 60025 KATHLEEN A. MANN P.O. BOX 2057 ASPEN CO 81612 METES AND BOUNDS CONCEPT 600 CONDOS, #308 ASPEN MAIN CONDOS, UNIT 303 CREEKTREE CONDOS, UNIT 729 CONCEPT 600 CONDOS, #409 CREEKTREE CONDOS, UNIT 727 CONCEPT 600 CONDOS, #405 ORIGINAL CURVE CONDOS, #201 CONCEPT 600 CONDOS, #310 CONCEPT 600 CONDOS, #309 KENNETH & JANE OWEN TRUST P.O. BOX 88 CHAPMAN RANCH TX 78347 KENNETH HEININGER JEANNE HEININGER P.O. BOX 307 CHARLEVOIS MI 49720 KING ENTERTAINMENT, INC. 26231 DIMENSION DRIVE EL TORO CA 92630 KLAUS F. OBERMEYER P.O. BOX 130 ASPEN CO 81611 KLAUS OBERMEYER P.O. BOX 130 ASPEN CO 81611 KLAUS OBERMEYER P.O. BOX 130 ASPEN CO 81611 LARKSPUR CONDOMINIUM ASSOCIATION C/O HOLLY TIMMS 036 DAVIDSON LANE SNOWMASS CO 81654 LARRY JONES P.O. BOX 2152 ASPEN CO 81612 LAURENCE M. FRIEDMAN LYNN L. FRIEDMAN 6530 COMMERCE ROAD ORCHARD LAKE MI 48324 LAURENCE N. ROSENBERG KRISTEEN ROSENBERG 30 S. WACKER DR. S #2020 CHICAGO IL 60606 SHOAF'S WATERFALL, LOT 1 ORIGINAL CURVE CONDOS, #206 RIVER PARK IN ASPEN, UNIT 1 METES AND BOUNDS EAST ASPEN ADDITION, LOTS 6 & 7, BLOCK 20 EAST ASPEN ADDITION, LOTS 8 & 9, BLOCK 20 COMMON AREA ORIGINAL CURVE CONDOS, #304 LARKSPUR CONDOS, #A-1 RIVER PARK IN ASPEN, UNIT 3 LAURIE VAN WOERKOM P.O. BOX 341 WOODY CREEK CO 81656 F LELAND C. SHOAF, III P.O. BOX 3123 ASPEN i I CO 81612 I LEONARD CAVE SANDRA CAVE 1400 TUCKER LANE ASHTON MD 20861 LIDO ANTHONY IACOCCA 27777 FRANKLIN ROAD SOUTHFIELD MI 48034 LINDA LEE ROSS 426 HANDLEY BLVD. WINCHESTER VA 22601 MARCIA U. FOSTER GLENNA C. FOSTER-SEIPP 3215 TARRY HOLLOW DRIVE AUSTIN TX 78703 MARILYN J. OBEREMBT B.J. OBEREMBT P.O. BOX 1730 PAWLEY ISLAND SC 29585 MARTHA FOSTER P.O. BOX 585608 DALLAS TX 75258 MARY JO BERSCHEIT P.O. BOX 1414 ASPEN CO 81612 MICHAEL GRIBITZ MARCY GRIBITZ 13800 N. W. FOURTH STREET SUNRISE FL 33325 ORIGINAL CURVE CONDOS, #110 ORIGINAL CURVE CONDOS, #107 ORIGINAL CURVE CONDOS, #310 PITKIN ROW TOWNHOMES, #1 CONCEPT 600 CONDOS, #210 CONCEPT 600 CONDOS, #406 ORIGINAL CURVE CONDOS, #309 CONCEPT 600 CONDOS, #408 ORIGINAL CURVE CONDOS, #205 PITKIN ROW TOWNHOMES, #4 MOUNTAIN STATES COMMUNCIATIONS, I P.O. BOX E ASPEN CO 81612 MOUNTAIN STATES COMMUNCIATIONS, I P.O. BOX E ASPEN CO 81612 NEIL ROSS 100 S. SPRING ST. ASPEN CO 81611 NELIGH C. COATES 720 EAST HYMAN ASPEN CO 81611 NICHOLAS CIPOLLINO P.O. BOX 379 STRATTON VA 05155 NICHOLAS J. GUBSER P.O. BOX 870 ASPEN CO 81612 OKLAHOMA FLATS HOMEOWNERS ASSOC. (NO ADDRESS AVAILABLE) ORIGINAL CURVE CONDOMINIUM ASSOC. 940 WATERS ASPEN CO 81611 PALMER C. CASEY 1047 EUCLID STREET SANTA MONICA CA 90403 PATTI WAKEFIELD P.O. BOX 865049 PLANO TX 75086 ORIGINAL CURVE CONDOS, #101 ORIGINAL CURVE CONDOS, #103 EAST ASPEN ADDITION, LOT A, BLOCK 28 CREEKTREE SUB., LOT 1 ORIGINAL CURVE CONDOS, #209 ORIGINAL CURVE CONDOS, #208 COMMON AREA COMMON AREA ORIGINAL CURVE CONDOS, #204 CONCEPT 600 CONDOS, #205 PETER H. FUCHS LARKSPUR CONDOS, #B-3 HENRIKA A. FUCHS 25 MOUNTAIN TRAIL STAMFORD CT 06903 PITKIN ROW CONDOMINIUM ASSOCIATION COMMON AREA COATES, REID & WALDRON 720 E. HYMAN ASPEN CO 81611 R. HENRY FILIP ORIGINAL CURVE CONDOS, #102 P.O. BOX 4381 ASPEN CO 81612 RALPH DORAN CONCEPT 600 CONDOS, #402 2500 WOODWARD WAY ATLANTA GA 30305 RALPH R. DEVINE ORIGINAL CURVE CONDOS, #303 P.J. SULLIVAN P.O. BOX 7851 ASPEN CO 81612 RALPH U. WHIPPLE METES AND BOUNDS LYNNE C. WHIPPLE 413 VINE STREET ASPEN CO 81611 REEDE COMPANY LIMITED PITKIN ROW TOWNHOMES, #2 P.O. BOX 122, MIGNOT PLATEAU ST. PETER PORT, GUERNSEY CHANNEL ISLAND REMO LAVAGNINO OKLAHOMA FLATS SUB. LOTS 3, 4 & PART OF LOT 2, BLOCK 2 P.O. BOX 532 ASPEN CO 81612 REUBEN M. CHERNIACK CONCEPT 600 CONDOS, #404 EDITH M. CHERNIACK 30 CLERMONT STREET DENVER CO 80220 RICHARD BURKLEY ASPEN MAIN CONDOS, UNIT 301 709 EAST MAIN ST. #301 ASPEN CO 81611 RICHARD P. COPPOCK P.O. BOX 44 DEXTER I MI 48130 I RICHARD S. ARNOLD KATHRYN J. ARNOLD 14 RIVERRIDGE TRAIL ORMOND BEACH 4 FL 32174 I i RICHARD W. LEE MARY L. LEE RURAL ROUTE I; BOX 59 ATLANTA KS 67008 RICHARD W. VOLK DENICE C. VOLK 2327 MIMOSA HOUSTON TX 77019 RKJR PROPERTIES, LTD., MITCHELL, ROBER, HUGG, TRUST & MITCHELL 5934 ROYAL LN; SUITE 255 DALLAS TX 75230 ROBERT D. MILLER RUTH JANE MILLER 600 E. MAIN, #206 ASPEN CO 81612 ROBERT H. BORCHERTS HOLDE H. BORCHERTS 1555 WASHTENAW ANN ARBOR MI 48104 ROBERT J. APPEL SUITE 18A 700 PARK AVE. NEW YORK NY 10021 ROBERT J. FRANKS TRUST NO. 1 222 CORINTH AVENUE LOS ANGELES CA 90064 ROBERT J. HURST 1060 FIFTH AVENUE NEW YORK NY 10128 CONCEPT 600 CONDOS, #407 CONCEPT 600 CONDOS, #301 ORIGINAL CURVE CONDOS, #105 OKLAHOMA FLATS SUB. LOTS 1, 2 & PART OF LOT 3, BLOCK 1 & LOT 1 & PART OF LOT 21 BLOCK 2 CONCEPT 600 CONDOS, #410 CONCEPT 600 CONDOS, #206 CONCEPT 600 CONDOS, #208 PITKIN ROW TOWNHOMES, #3 LARKSPUR CONDOS, #B-2 RIVER PARK IN ASPEN, UNIT 5 "RUDIGER DAHLE PITKIN ROW TOWNHOMES, #6 i 1945 ZAPO STREET DEL MAR CA 92014 SHARON H. TINGLE PITKIN ROW TOWNHOMES, #5 P.O. BOX 4189 ASPEN CO 81612 SHELBY J. TRAVIS ORIGINAL CURVE CONDOS, #306 208 EAST 28TH ST. NEW YORK CITY NY 10016 SHOAF'S WATERFALL HOMEOWNERS ASSOC. COMMON AREA (NO ADDRESS AVAILABLE) SINIBALDO TOZZI LARKSPUR CONDOS, #B-1 DIANE TOZZI 8100 DENWOOD STERLING HEIGHT MI 48077 STEVE B. BROUGH CONCEPT 600 CONDOS, #207 DEBORAH A. BROUGH 599 TROUT LAKE DRIVE SANGER CA 93657 THOMAS E. GHOBURN ORIGINAL CURVE CONDOS, #308 VIVIAN E. THOBURN 3206 BUCKINGHAM LANE COCOA FL 32926 THOMAS IACONO LARKSPUR CONDOS, #A-3 800 EAST HOPKINS AVENUE ASPEN CO 81611 THOMAS J. HILB CONCEPT 600 CONDOS, #302 4600 EAST 48TH AVENUE DENVER CO 80201 THOMAS M. GRUMBACHER RIVER PARK IN ASPEN, UNIT 2 460 COUNTRY CLUB ROAD YORK PA 17403 I TOM J. MARTIN, JR. JEAN F. MARTIN ROUTE 11 BOX 269M GEORGE WEST TX 78022 E I TRENT E. COWART 125 HAYWARD HEIGHTS GLENROCK PA 17327 U.S. ARMY CORPS OF ENGINEERS 164 HORIZON DR. #211 GRAND JUNCTION CO 81506 URBANK BLIGHT CONDOMINIUM ASSOC. (NO ADDRESS AVAILABLE) VAHE HOVSEPIAN 411 N. CENTRAL AVE. #600 GLENDALE CA 91203 VERONICA ROSELLE 800 E. HOPKINS ASPEN CO 81611 VIBEKE TRAULSEN P.O. BOX 8916 ASPEN CO 81612 WAYNE GLOVER 11288 VENTURA BLVD. SUITE 760 STUDIO CITY CA 91604 WILLIAM A. REILLY JANE WHITAKER REILLY 600 E. MAIN #204 ASPEN CO 81611 WILLIAM DAVID ARNETT BETTE LEE ARNETT 5333 N. CAMINO REAL TUCSON AZ 85718 CONCEPT 600 CONDOS, #401 ORIGINAL CURVE CONDOS, #301 ROARING FORK RIVER COMMON AREA LARKSPUR CONDOS, #B-5 LARKSPUR CONDOS, #A-4 ORIGINAL CURVE CONDOS, #203 ORIGINAL CURVE CONDOS, #305 CONCEPT 600 CONDOS, #204 CONCEPT 600 CONDOS, #403 M �,,, ! WILLIAM R. DUNAWAY ORIGINAL CURVE CONDOS, #210 P.O. BOX E ASPEN Co 81612