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Home My WebLink Aboutagenda.apz.19930921A G E N D A ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING September 21, 1993, Tuesday 4:30 P.M. 2nd Floor Meeting Room City Hall I. COMMENTS Commissioners Planning Staff Public II. . MINUTES III. PUBLIC HEARING (4^Ar)" A. 835 W. Main St. Landmark Designation, Amy Amidon B. Souki 8040 Greenline and Conditional Use Reviews, Leslie Lamont (Tabled on September 7, 1993) IV. NEW BUSINESS A. Snow Queen Lodge Expansion GMQS Exemption and Special Review, Kim Johnson V. ADJOURN MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Any Amidon, Historic Preservation Officer RE: 835 W. Main Street, Landmark Designation DATE: September 21, 1993 SUMMARY: The Planning and Zoning Commission is to make a recommendation on the proposed Landmark Designation of 835 W. Main Street. This property features a log house built in 1947 and designed by local architect Fritz Benedict. The parcel was officially annexed into Aspen in July 1993. APPLICANT: Bruce N. Berger, represented by Scott Harper, attorney. LOCATION: 835 W. Main Street, commonly referred to as the Berger Annexation, described as Section 12, Township 10 South, Range 85 West of the 6th P.M., City of Aspen. PROCEDURE FOR REVIEW: Landmark Designation is a three -step process, requiring recommendations from both HPC and P&Z (public hearings), and first and second reading of a Landmark Designation Ordinance by City Council. City Council holds a public hearing at second reading. The Aspen Historic Preservation Committee unanimously approved landmark designation of 835 W. Main Street on September 8, 1993. LOCAL DESIGNATION STANDARDS: Section 7-702 of the Aspen Land Use Code defines the six standards for local Landmark Designation,. requiring that the resource under consideration meet at least one of the following standards: A. Historical Importance: The structure or site is a principal or secondary structure or site commonly identified or associated with a person or an event of historical significance to the cultural, social or political history of Aspen, the State of Colorado of the United States. Response: This standard is not met. B. Architectural Importance: ' The structure or site reflects an architectural style that is unique, distinct or of traditional Aspen character. Response: The house exhibits the influence of master architect Frank Lloyd Wright in its horizontal form, natural materials and details. Only a few residential and commercial buildings in Aspen reflect this style. C. Architectural Importance: The structure or site embodies the distinguishing characteristics of a significant or unique architectural type or specimen. Response: Three local architects, including Fritz Benedict, apprenticed with Frank Lloyd Wright and applied their experience to Aspen. This building was one of Benedict's first designs following his study, and more closely reflects Wrightian principals than his later work.. It is a unique reflection of Wright's influence and also of the early development of Benedict's design theories. D. Architectural Importance: The structure is a significant work of an architect whose individual work has -influenced the character of Aspen. Response: Fritz Benedict began visiting Aspen through his association with the 10th Mountain Division. After apprenticing with Frank Lloyd Wright in both Wisconsin and Arizona, he relocated to Aspen, where he has had a significant influence on modern design in this community and the State of Colorado. Another of Benedict's local works, the "Waterfall House," was demolished in 1992. Although it was not fifty years old (the age generally used to qualify a structure as historic) , it was determined eligible for the National Register of Historic Places due to the importance of this architect's work. E. Neighborhood Character: The structure or site is a significant component of an historically significant neighborhood and the preservation of the structure or site is important for the maintenance of that neighborhood character. Response: Several homes which surround the Berger parcel are of a similar scale, form and building period. These buildings create an interesting relationship to each other and to the surrounding commercial, lodge and residential development. F. Community Character: The structure or site is critical to the preservation of the character of the Aspen community because of its relationship in terms of size, location and architectural similarity to other structures or sites of historical or architectural importance. Response: This building represents a period in Aspen's development which is just beginning to reach fifty years of age (the age generally used to qualify a structure as historic) . Aspen must recognize the importance of these structures to the town Is "renaissance" created by the development of the skiing industry. Two buildings designed by Fritz Benedict have been demolished in the last year, and nearly twenty have been demolish in recent years because their importance to the character of this area has not been sufficiently recognized. Recommendation: Staff and HPC recommend P&Z approve Landmark Designation of 835 W. Main Street, Berger Annexation, City of Aspen, finding that it meets criteria B, C, D, E and F. Additional Comments: MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Senior Planner RE: - Souki 8040 Greenline Review and Conditional Use Review DATE: September 21, 1993 Summary: The applicant proposes to develop a single-family home on a 3+ acre lot off of Ute Avenue. The applicant also proposes to provide an attached accessory dwelling unit. The site and access is located on the steep forested hillside south of Ute Avenue and above the elevation of 8040 thus necessitating 8040 Greenline review. The inclusion of the accessory dwelling unit requires conditional use review. Staff recommends tabling the 8040 Greenline review in.order to gather more information and resolve several outstanding issues. Staff recommends denial of the accessory dwelling unit. APPLICANT: Charif Souki as represented by Brooke Peterson LOCATION: Lot 3 of the Hoag Subdivision, City of Aspen ZONING: Conservation APPLICANT'S REQUEST: 8040 Greenline approval for the construction of a single family home and conditional use approval for an accessory dwelling unit. BACKGROUND: Following is the history of development proposals of Lot 3 in the Hoag Subdivision: October 18, 1971 The Hoag Subdivision was approved by the Aspen City Council creating 5 lots south of Ute Avenue. Lot 3, is the highest up the hill and on the steepest terrain. On the original plat, the old Midland right-of-way was designated a "Utility and Public Trail Easement." The Midland appears to be the only improved access to Lot 3, although it was not shown as an ingress/egress access. July 20, 1976 Virden 8040 Greenline was approved for a 2,324 single family residence. A detached garage was to be located off the old railroad right of way; and the house was to be placed with walk-up access only. A temporary construction road was to be built, and recovered and reseeded prior to the certificate of occupancy. As part of the Virden Review, an avalanche hazard study conducted by Hans Frintiger and Whitney Boland in 1976 was submitted. Three avalanche tracks were identified across the property. It was concluded that within the "wedge" of Douglas fir, where the Virden house was proposed, the probability of avalanche penetration was small. October 7, 1985 Barker Greenline Review was approved in conjunction with the Nordic Council Trail Greenline Review for the development of an access road to a proposed building site. However condition #1 of the Greenline approval, was that no construction on Lot 3 Hoag Subdivision shall be allowed until a development plan is given approval through a separate 8040 Greenling Review. The proposed access road, approximately -690 feet long, would go from Ute Avenue to the Hoag Subdivision Lot 3 building site, passing through Forest Service property, Lot 4 Hoag Subdivision and the Newfoundland Mining Claim. This proposal eliminated the need to use the Utility and Trail easement that is shared by Lots 4 and 5. Barker however needed a Forest Service Special Use Road Permit for construction of the driveway on its property. August 27, 1986 The Forest Service, after an environmental assessment of Barker's proposal, denied the request for a Special Use Road Permit. December 2, 1986 A new driveway, approximately 545 feet .in length, providing access to the building site was approved by the Planning and Zoning Commission. The road, which has since been constructed, enters Lot 3 off of the Utility and Trail Easement, runs through the site almost to the western edge, switching back once, up into the lot, to access the building site from above. April 4, 1989 Jack Barker and Joe Zaluba request 8040 Greenline approval to construct a single-family home. The 8040 request was subsequently tabled so the applicant could submit information that would address issues of concern. January 2, 1990 The Planning and Zoning Commission approved the Zaluba 8040 greenline which included the creation of a new access road in order to preserve the majority of the nordic trail. Please see attached Resolution 4, 1990, exhibit A. The large driveway and hairpin turn that was cut into the hill pursuant to the December 2, 1986.approval were to be revegetated as part of this approval. Summer of 1990 Mr. Zaluba cut a new access road to the approved building envelop. May 28, 1991 The Board of County Commissioners approved a single- family residence on the Newfoundland Lode directly to the east of K, AFFIDAVIT OF NOTICE BY POSTING OF A County;of Pitkin } VARIANCE HEARING BEFORE THE CITY OF ) ss. ASPEN BOARD OF ADJUSTMENT (Pursuant State of Colorado } to Section 6-205(E)(b) of the Muni- cipal Code) The undersigned, being first duly sworn, deposes and says as follows: I r Acip:ac,'��_,IF A-Uz 45 1 OAJ , being or representing an Applicant before the. Pitkin County Board of Adjustment, personally certify that the- attached photograph fairly and accurately represents the sign posted as Notice of the variance hearing on -this matter in a conspicuous place on the subject property (as -it could .be seen from the nearest public way) and that the said sign was posted and visible continuously from the ... '= day of —A �'`�- ti , 199 , to the / Wit day of �� i FyM 19 of (Must . be posted for at least ten (10) . full days before the hearing date). (Attach photograph here) Applicant's Signature Subscribed and sworn to before me this 21 day off 19 c , by kfezD WITNESS MY HAND AND^QFFICIAL SEAL. My CoXmissidil exlpiAes : tart Pu 1 ic' s' S Ana\urn � f Address Cc 0 ,1ERBERT S. KLEIN GEORGE M. ALLENt SCOTT HARPER WILLIAM L. LAWRENCE' 'also admitted in Hawaii "also admitted in Texas VIA HAND DELIVERY LAW OFFICES OF HERBERT S. KLEIN PROFESSIONAL CORPORATION 201 NORTH MILL STREET SUITE 203 ASPEN, COLORADO 81611 (303) 925-8700 TELECOPIER (303) 925-3977 September 21, 1993 Amy Amidon Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 TELLURIDE OFFICE: P.O. BOX 215 300 WEST COLORADO AVENUE SUITE 2B TELLURIDE, COLORADO 81435 (303) 728-5151 TELECOPIER (303) 728-3069 Re: B. N. Berger Parcel - 835 West Main Street Historic Landmark Designation - Posting of Public Notice of Planning and Zoning Commission Hearing ------------------------------------------------------ Dear Amy: Enclosed please find photographic evidence of posting of public notice for attachment to the Affidavit of Bruce Berger. Very truly yours, HERBERT S. KLEIN PROFESSIONAL CORPORATION By. Scott Harper Enclosure bnberger\049 LAW OFFICES OF HERBERT S. KLEIN PROFESSIONAL CORPORATION 201 NORTH MILL STREET SUITE 203 c1ERBERT S. KLEIN ASPEN, COLORADO 81611 GEORGE M. ALLENr (303) 925-8700 SCOTT HARPER TELECOPIER (303) 925-3977 WILLIAM L. LAWRENCE' 'also admilted in Hawaii "also admilled in Texas September 10, 1993 Amy Amidon Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 SEP 1 I TELLURIDE OFFICE: P.O. BOX 215 300 WEST COLORADO AVENUE SUITE 2B TELLURIDE, COLORADO 81435 (303) 728-5151 TELECOPIER (303) 728-3069 Re: B. N..IBerger Parcel - 835 West Main Street Histo� landmark Designation - Public Notice of Planning and Zoning Commission Hearing ------------------------------------------------------ Dear Amy: Enclosed please find the following: 1. An Affidavit of Posting regarding the B.N. Berger Parcel for the hearing in connection with the Historic Landmark Designation of the property scheduled for Tuesday, September 21, 1993, before the Aspen Planning and Zoning Commission; 2. Copy of Public Notice regarding hearing before the Aspen Planning and Zoning Commission on Tuesday September 21, 1993 to consider an application for Historic Landmark Designation of the property located at 835 West Main Street, Aspen; 3. Affidavit of Mailing of Public Notice referenced in number 2, above; 4. Current list of adjacent property owners within 300 feet of the property to be annexed; 5. Current certification and Adjacent Owner's Statement from Pitkin County Title, Inc. September 10, 1993 Page 2 If you have any questions regarding the enclosed, please do not hesitate to contact me. Very truly yours, HERBERT S. KLEINF.C. By • �t) Scott Ha p .� cc: Berger bnberger\047 AFFIDAVIT OF POSTING PUBLIC NOTICE OF HEARING FOR B.N. BERGER PARCEL HISTORIC LANDMARK DESIGNATION STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) I hereby certify that on the day of September, 1993, I posted Public Notice in a conspicuous place on property located at 835 West Main Street, Aspen, Colorado, containing the following information: Notice of public hearing to be held before the Aspen Planning and Zoning Commission on Tuesday, September 21, 1993, beginning at 4:30 pm in the Second Floor Conference Room, City Hall, 130 South Galena Street, Aspen, Colorado, to consider an application for Historic Landmark Designation of 835 West Main St. Aspen. Dated this day of Sep ember, 1993. J/ Bruce N. Berger Subscribed and sworn to before me this -f= day of September, 1993, by Bruce N. Berger. Witness my hand and official seal. My commission expires: Notary \Publ"ic bnberger\045 PUBLIC NOTICE RE: 835 WEST MAIN STREET HISTORIC LANDMARK DESIGNATION NOTICE IS HEREBY GIVEN that,a public hearing will be held on Tuesday, September 21, 1993, at a meeting to begin at 4:30 pm before the Aspen Planning and Zoning Commission in the second floor Conference Room, City Hall, 130 S. Galena Street, Aspen, Colorado, to consider an application submitted by Bruce Berger, 835 W. Main Street, Aspen requesting Historic Landmark Designation of 835 west Main Street. This property is located west of 7th Street and is commonly referred to as the Berger Annexation. It is located in Section 12, Township 10 South, Range 85 West of the 6th P.M. For further information, contact Amy Amidon at the Aspen Pitkin Planning Office, 130 S. Galena St., Aspen, CO. 920-5096. s/Bruce Kerr, Chairman Planning and Zoning Commission AFFIDAVIT STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) 1. Attached is a Public Notice regarding a Public Hearing scheduled for Tuesday, September 21, 1993, before the Aspen Planning and Zoning Commission for Bruce N. Berger's application requesting Historic Landmark Designation of his property located at 835 West Main Street in Aspen, Colorado. 2. Also attached is a current list of adjacent property owners within 300 feet of the aforementioned property duly certified by Pitkin County Title Company pursuant to the attached "Adjacent Owner's Statement." 3. I hereby certify that I have mailed, first class mail, postage prepaid, a copy of the attached notice to each of the adjacent property owners on the attached list as of this date. Dated this 9th day of September 1993. Jo ing Subscribed and sworn to before me this 10th day of September, 1993, by Jo King as Secretary of Herbert S. Klein Professional Corporation. Witness my hand and official seal. My commission expires: I-zq `I5 T f i /. Notary Public bnberger\046 V Vincent J. Higens President August 26, 1993 93-858 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 the Berger Annexation, as obtained from the most current Pitkin County Assessors Tax Rolls, and updated to August 26, 1993 @ 8:30 A.M. NAMES AND ADDRESSES TAX SCHEDULE NUMBER -------------------------------------------------------------------------- PLEASE REFER TO LIST ATTACHED HERETO AND MADE A PART HEREOF C K, AUTHORIZED SIGNATURE A. SCOTT DAVIDSON UNIT 36, VILLA OF ASPEN P.O. BOX 5141 ASPEN CO 81612 ADAMS SUBDIVISION HOMEOWNERS ASSOC. COMMON AREA (NO ADDRESS AVAILABLE) ALBERT L. BROWN, JR. UNIT 32, VILLA OF ASPEN MARIAN H. BROWN 4105 ROSE HILL AVENUE CINCINNATI OH 45229 ALEJANDRO AND REBECA TOPELSON UNIT B-3, ASPEN VILLAS SUITE 400 5300 DTC PARKWAY ENGLEWOOD CO 80111 AMENEH FATAHI UNIT C-2, ASPEN VILLAS P.O. BOX 8080 ASPEN CO 81612 ARCHER W. JR. AND SANDRA K. BISHOP LOT 3, ADAMS SUB AS LIFE TENANTS UNDER JT. PUR. AGRMT. P.O. BOX 11146 KNOXVILLE TN 37939 ARVIN WAYNE EIDSON AND JOY EIDSON 1/2 UNIT 9, VILLA OF ASPEN P.O. BOX 271 SULPHUR OK 73086 ARVIN WAYNE EIDSON AS TRUSTEE FOR THE UNIT 9, VILLA OF ASPEN ARVIN WAYNE EIDSON REVOCABLE TRUST P.O. BOX 271 SULPHUR OK 73086 ASPEN SQUARE CONDOMINIUM ASSOC. UNIT 3, VILLA OF ASPEN 617 EAST COOPER AVENUE ASPEN CO 81611 ASPEN VILlJ--" l't:)1`t!aciC�I:'iT►1"I %:��!JC. CO! -T T:E.Ezl C/O PAUL MURRY 814 W. BLEEKER ASPEN _. CO 81611 BARBARA L. CARSON UNIT 35, VILLA OF ASPEN SUITE 35 100 NORTH 8TH STREET ASPEN CO 81611 BETTY M. DI BARTIOLOMEO UNIT 11, VILLA OF ASPEN 3795 INDIAN TRAIL ORCHARD LAKE VLG. MI 48033 CHARLES R. MORRIS, JR. UNIT B-5, ASPEN VILLAS P.O. BOX 12362 ASPEN CO 81612 CITY OF ASPEN METES & BOUNDS 130 S. GALENA ASPEN CO 81611 DAVID MENSCHER AND UNIT 19, VILLA OF ASPEN LELYA MENSCHER 40 CEAN VISTA NEWPORT BEACH CA 92660 DUC PHONG LUU UNIT C-1, ASPEN VILLAS 81.4 WEST BLEEKER, UNIT C-1 ASPEN CO 81611 EDWARD M. STEINBERG UNIT A-1, ASPEN VILLAS 1068 HOLLY STREET DENVER CO 80220 ELEANOR BERGER BEALMEAR LOTS 1-5, BEALMEAR SUB P.O. BOX 632 ASPEN CO 81612 ELLEN KUPER UNIT 5, VILLA OF ASPEN 133 NORTH EIGHTH STREET ASPEN CO 81611 (� , L`JU. SNIT 23, VILLA OF r,�PLi�J ENMAR I1O:LDIIi C/O NEILEY & ALDER 201 NORTH MILL ST., STE 102 ASPEN CO 81611 FRANCES M. UHLER UNIT B-2, ASPEN VILLAS P.O. BOX 49 WASHINGTON NJ 07882 FRANCES T. GRIST 10% UNIT 4, VILLA OF ASPEN P.O. BOX 8 LESINGTON VA 24450 GARY R. LICHETENWALTER UNIT B-1, ASPEN VILLAS 417 TAYLOR JOLIET IL 60435 HAROLD A. HADDON AND UNIT 10, VILLA OF ASPEN BEVERLY J. HADDON 409 21ST STREET DENVER CO 80205 HERBERT S. AND MARSHA KLEIN LOTS A. B & C. BLK 12 SUITE 201 201 NORTH MILL STREET ASPEN CO 81611 JACOBUS ADRIAAN DE PALTER METES & BOUNDS JOHANNA SUZANNA MARGARETHA DE PALTER P.O. BOX 182 ASPEN CO 81612 JACQUELINE L. LARNER UNIT A-4, ASPEN VILLAS 1952 LEYDEN STREET DENVER CO 80 JAMES H. LANDIS UNIT 15, VILLA OF ASPEN 100 NORTH 8TH STREET ASPEN CO 81611 JERRY AND ESTERH L. FELS LOT 1, ADAMS SUB AS TRUSTEES OF FELS FAMILY TRUST 3645 VALLEY MEADOW ROAD SHERMAN OAKS CA 91403 I JERRY S. I-iClcc4 ATT "" i uNIT D--2, r SPE�1 VII.J.,AS j 85 DREAM COURT METAIRIE i LA 70001 JOHN C. DIETRICH AND UNIT 33, VILLA OF ASPEN ANN S. DIETRICH 744 EAST LAKE STREET WAYZATA MN 55391 JOHN L. LEPPLA AND UNIT 20, VILLA OF ASPEN JOEN F .-LEPPLE 4040 DAHL ROAD MOUND MN 55364 JOHN L. WILKINSON AND UNIT 17, VILLA OF ASPEN MELISSA WILKINSON P.O. BOX 11931 ASPEN CO 81612 JOSE GRINBERG AND SARA T. de GRINBERG UNIT E-51 ASPEN VILLAS SIERRA MAZAPIL #135 COL. LOMAS DE CHAPULTEPEC 1100 MEXICO, D.F. MEXICO JOSEPH AND PATRICIA MITTON, 1/2 INT. UNIT E-1, ASPEN VILLAS AND DAVID FRANKLE, 1/2 INT. 2121 WAGNER GLENVIEW IL 92121 JUDY D. ANDREWS UNIT 22, VILLA OF ASPEN 3547 HAVEN PINES KINGWOOD TX 77345 KENNETH T. AND KAREN KURTZ UNIT A-5, ASPEN VILLAS C/O BRAKUR CUSTOM CABINETRY, INC. 18656 S. RT. 59 SHOREWOOD IL 60435 KLAUS F. OBERMEYER, .82236 INT. UNIT D-3, ASPEN VILLAS AND HENRY OBERMEYER, .17764 INT. 18656 S. RT. 59 SHOREWOOD IL 60435 LAURA R. SAMUELS UNIT 1, VILLA OV ASPEN P.O. BOX 4834 ASPEN CO 81612 I I MICHAEL P . UNIT A-6, ASPEN VTLT,.'�S C/O HEICO, INC.-LPJGIES 145 NORTH SWIFT ROAD ADDISION IL 60101 MINNESOTA MATERNAL -FETAL MEDICINE P.A. UNIT D-11 ASPEN VILLAS A MINNESOTA PROFESSIONAL CORPORATION 2115 DWIGHT LANE MINNETONKA MN 55343 NANCY KAY FUNK 1989 REVOCABLE TRUST UNIT E-4, ASPEN VILLAS C/O INDIANA TRUST & INVESTMENT MGMT. CO. P.O. BOX 5149 MISHAWAKA IN 46546-0149 NANCY R. HINRICHS UNIT 21 VILLA OF ASPEN 100 NORTH 8TH ST. #2 ASPEN CO 81611 NICHLAS PULLOS AND UNIT E-21 ASPEN VILLAS CAROLYN NAIER PULLOS 2810 1/2 SHERIDAN PLACE EVANSTON IL 60201 PATRICIA A. SEARIGHT 10% UNIT 41 VILLA OF ASPEN 1665 N. DILLON LOS ANGELES CA 90026 PATRICIA ANN WARD UNIT 13, VILLA OF ASPEN 42.9 EAST COOPER AVENUE ASPEN CO 81611 PAUL J. AND BONITA J. MURRY UNIT C-5, ASPEN VILLAS SUITE C-5 814 WEST BLEEKER ASPEN CO 81611 RICHARD A. COHEN AND UNIT C-31 ASPEN VILLAS ELIZABETH A. COHEN P.O. BOX 1806 ASPEN CO 81612 RICHARD A. SHERRIFF UNIT 25, VILLA OF ASPEN P.O. BOX 11108 ASPEN CO 81612 ' RICHARD E. LONG AND LOTS Q, R & S, BLIP 12 LOIS N. LONG j P.O. BOX 3849 ASPEN I CO 81612 i RICHARD T. DOYLE AND 70% UNIT 4, VILLA OF ASPEN GRACE 0. DOYLE 3711 EASTLEDGE AUSTIN CA 78731 RICHARD THOMAS DOYLE TRUST III 10% UNIT 4, VILLA OF ASPEN 3711 EASTLEDGE AUSTIN TX 78731 RIK RICCIARDI UNIT 14, VILLA OF ASPEN P.O. BOX 3167 ASPEN CO 81612 RIK RICCIARDI UNIT 21, VILLA OF ASPEN 100 N. 8TH STREET ASPEN CO 81611 RIK RICCIARDI UNIT 26, VILLA OF ASPEN P.O. BOX 3167 ASPEN CO 81612 RIK RICCIARDI UNIT 61 VILLA OF ASPEN P.O. BOX 3167 ASPEN CO 81612 ROBERT E. AND BETTY L. SHALLCROSS UNIT A-21 ASPEN VILLAS SUITE 8 225 WESTWIND DRIVE AVON LAKE OH 44012 ROGER A. ERFTMIER, TRUSTEE FOR THE UNIT 24, VILLA OF ASPEN TRACY A. ERFTMIER TRUST 4717 "F" STREET OMAHA NE 68117 ROGER E. LONG AND UNIT 18, VILLA OF ASPEN MONA HAYLES LOND P.O. BOX 3849 ASPEN CO 81612 ROLAND L. CODY, J'x., AND LOUISE CODY JNIT 23, VILLA OF ASPEN AND JAMES M. CODY 4058 W. COLEMAN BLVD. MT. PLEASANT SC 29464 SAMUEL L. AND SUSANA STERN de EICHNER UNIT E-61 ASPEN VILLAS C/O SUZANNE S. VERNON P.O. BOX 9704 ASPEN CO 81612 SAMUEL L. AND SUSANA STERN de EICHNER UNIT E-6, ASPEN VILLAS FUENTES DE PIRAMIDES 243 TECAMACHALAS MEXICO D.F. MEXICO 53950 SANDRA DALE VANGHAGEN F/K/A UNIT 81 VILLA OF ASPEN SANDRA V. WACHTEL 100 NORTH 8TH STREET, #8 ASPEN CO 81611 SANDRA SUE WALTNER UNIT C-4, ASPEN VILLAS P.O. BOX 8789 ASPEN CO 81612 SAVANAH LIMITED PARTNERSHIP LOTS D, E, F, G, H & I, C/O HADID ASPEN HOLDINGS BLOCK 12 SUITE 200, 600 E. COOPER ASPEN CO 81611 SAVANAH LIMITED PARTNERSHIP LOTS K. L, M, N, 0 & P, C/O HADID ASPEN HOLDINGS BLOCK 12 SUITE 200, 600 E. COOPER ASPEN CO 81611 SHERLYNNE GUEST AND UNIT 30, VILLA OF ASPEN HAROLD H. BRUFF P.O. BOX 4545 ASPEN CO 81612 STANLEY SPERLINE AND UNIT 27, VILLA OF ASPEN LEONA SPERLING 315 NORTH ELM DRIVE BEVERLY HILLS CA 90210 SUSAN M. MORRISON UNIT 31, VILLA OF ASPEN 27 CASA MAR LANE NAPLES FL 33940 SUSAN SHIRLEY IIUJi� L UNIT 16, VILLA OF ASPEN UNIT 16, VILLA OF ASPEN 100 NORTH 8TH STREET ASPEN CO 81611 THEMIS ZAMBRZYCKI GLATMAN UNIT 7, VILLA OF ASPEN AND BRUCH ROY GLATMAN 20034 CALVERT STREET WOODLAND HILLS CA 91367 TIMOTHY J. PETTIT UNIT 29, VILLA OF ASPEN P.O. BOX 1968 ASPEN CO 81612 TONG KHON LUU AND UNIT B-4, ASPEN VILLAS TUYET LE TRAN P.O. BOX 2785 ASPEN CO 81612 VICTOR ENGLAND, JR. AND UNIT A-3, ASPEN VILLAS CATHERINE B. ENGLAND P.O. BOX 245 QUARRY VILLE PA 17556 VILLA OF ASPEN CONDOMINIUM ASSOC. COMMON AREA 326 TEAL COURT ASPEN CO 81611 VINCENT K. PARTYKA UNIT E-3, ASPEN VILLAS UNIT E-3 814 W. BLEEKER ASPEN CO 81611 WESTERN INVESTMENT UNLIMITED LOT 21 ADAMS SUB A GENERAL PARTNERSHIP 17700 WEST CAPITOL DRIVE BROOKFIELD WI 53005 WILLIAM A. VIDRIH AND UNIT 12, VILLA OF ASPEN SUSIE M. VIDRIH P.O. BOX 4516 ASPEN CO 81612 WILLIAM H. AND KAREN W. SCHAFFER UNIT B-6, ASPEN VILLAS APARTMENT 193 3120 ORANGE LEAF MEMPHIS TN 38115 AFFIDAVIT OF MAILING I have complied with the notice requirements of Section 6- 205 (E) (3) (C) of the Aspen Land Use Regulations of the Aspen Municipal Code by mailing of notice, a copy of which is attached hereto by first class, postage prepaid, U.S. Mail to all owners of property within three hundred (300) feet of the subject property on A aA r,'- , c9or 1"�'5 . STATE OF COLORADO ) SS COUNTY OF PITKIN ) The foregoing Affidavit of mailing was signed before me this day of WITNESS my hand and official seal. My commission expires: &IA,;v ' Y ' "u 47 Notar ublic �*_ 1-e t revised building plans to include heights, elevations, total square footage and calculable floor area, and a topographic survey with slope percentages throughout the building footprint. 6. Review by the Water Department and Sanitation District is required to ensure that adequate pressure and services are available. 7. Specific plans for the provision of the utilities shall be submitted to the Engineering Department. Mapping the number of trees that will be lost and mitigation for their loss must also be submitted to the Parks Department. 8. An Access Permit from the County may ,be necessary. Staff will request County review of the access for this proposal. 9. Staff, the Engineering Department, the applicant and the Fire Marshal shall review the proposal and develop an emergency mitigation plan that is consistent with the standards of 8040 and the County 1041 approval of the Newfoundland Lode. 10. Staff, the applicant, and representatives from the Parks Department and the USFS shall review an alternative nordic trail alignment that removes the conflict between nordic and vehicular use. Staff recommends denial of the conditional use for an accessory dwelling unit based upon the impacts of a second dwelling unit on this remote parcel and staff's desire to reduce, to the greatest extent possible, potential impacts of development and use of this parcel. RECOMMENDED MOTION: "I move to table the Souki 8040 greenline review in order for the applicant address issues number 1-10 listed in Planning office memo dated September 21, 1993." "I move to deny the conditional use approval for the accessory dwelling unit finding that the provision of a second dwelling unit on this particular parcel is incompatible with the necessity to reduce development and use impacts on the site." EXHIBITS A. 1990 P&Z Resolution B. County Resolution 91-87 C. P&Z Memo for Revised Wall Plan D. Resolution Revoking 8040 Approval E. Referral Comments F. Citizen Letters G. Plans 13 ZONING COMMISSION EXHIBIT ► APPROVED ► 19 BY RESOLUTION RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING 8040 GREENLINE APPROVAL OF A SINGLE FAMILY HOME ON LOT 3, HOAG SUBDIVISION IN THE CONSERVATION ZONE DISTRICT Resolution No. 90-4 WHEREAS, the Aspen Planning and Zoning Commission held a public meeting January 2, 1990; and WHEREAS, the Commission reviewed an application for a 8040 Greenline for Lot 3 in the Hoag Subdivision; and WHEREAS, the Commission has reviewed this application several.tines during 1989; and WHEREAS, the Commission was concerned about the avalanche hazards on the site, preservation of the Nordic trail and the visual impact of a large hone on the hillside; and WHEREAS, the applicant continued to work with the Commission to present a proposal that the Commission could approve; and WHEREAS, the applicant agreed to construct a new access drive in order to preserve the Nordic trail; and WHEREAS, the applicant agreed to restrict the floor area of the house to 21438. NOW, THEREFORE, BE IT RESOLVED by the Commission that it does hereby grant approval of the 8040 Greenline for Lot 3 of the Hoag Subdivision with the following conditions: 1. Prior to the issuance of a Certificate of Occupancy, the applicant shall create a barrier between the driveway and the trail on the Forest Service property to reduce the potential conflict between trail users and Lot 3 users. 2. Prior to the issuance of a building permit, the applicant IT 6124735369 SUSAN PAPPAPORT 09/13/93 21:54 Pei September 13, 1993 PLAMN:NG & ZON:.r,, (-jeIMISSION EXHIBIT r APPROVED r 19 BY RESCL 77710N SUSAN H. -RAPPAPORT 3940 WALDEN SHORES ROAD WAYZATA, MINNESOTA 55391 PHONE: (612) 473-3065 FAX: (612) 473-5369 Leslie Lamont Aspen Planning and Zoning FAX (303) 920-5197 Bear IAMIiC, I am writing in response to the notification of the Souki Conditional use review and 8040 Greenline Review. I am enclosing a copy of the letter I wrote to the Board of Adjustment. It summarizes our objections to the development of Lot 3 Hoags Addition. Since the variance has been granted, I hope that those issues will be addressed at the $040 hearing. In addition, Gary and I STRONGLY OBJECT to the accessory dwelling unit for that property. The road to it is and wail remain (I hope!) a single lane. If an accessory dwelling unit is approved, there will be far more traffic and a higher occupancy density than was ever intended for that site. In addition, if it is approved, then it will set a precedent for the Newfoundland Claim to also have an ADU. The amount of car and truck traffic would be impossible. We also worry about the viability of the Nordic Ski Trail. It has been messed up for several seasons now, and more traffic would make it worse. Since we are not able to attend the meeting on September 21 st, please make sure that our views are known. Thank you. Susan H. Rappaport a 6124735369 SUSAN RAPPAPORT 09/13/93 21:54 P02 GARY AND SUSAN RAPPAPORT 3940 WALDEN SHORES ROAD WAYZATA, MINNESOTA 55391 PHONE: (612) 473-3065 FAX: (612) 473-5369 September 13, 1993 Remo Livag ino The City of Aspen Board of Adjustment 130 South Galena Aspen, CO 81611 FAX (303) 920-5197 Dear Remo, . We own the property at 115 Ute Avenue, Lot 5, Hoag's Edition, and we have comments about the variance request for Lot 3, Hoag's Edition, about which the Board of Adjustment plans to meet on August 12 at 4:00M. Hopefully, you are aware of the long history about the development of that property. We urge you to review the file on it (Leslie Lamont, at Planning and Zoning office, probably has it or can get it), as it west through variance, P & Z, and finally revocation of its building permit. You will also find letters from us in that file, detailing the many issues that we found and stilt find objectionable. We believe that the approval of a development plan for tot 3 should be denied because the alope is extremely steep, and the resulting tree removal and excavation will cause high risk of rock slides and avalanches both during and after construction. If for some reason you do approve it, we urge you to make that approval contingent on certain conditions: The owneWdevelopers MUST post a performance bond before any work whatsoever begins on that project. • The new road to access the property and the original Nordic Trail road must be completed in at least as good a way as the city planning office onginally stipulated. This includes re vegetation, boulder walls, avalanche mitigation, etc. - all of this was detailed in earlier documents on file with the city. Because the original developer did not have a performance bond, he was able to really open up some wide areas on very steep and treed terrain. One of the results, besides big scarring, is that there are numerous snow slides on the trail. The trail was closed for all of March and April this year, and while it was a heavy snow year, there were slides in other years too, which had not happened before those roads were cut. As a matter $ 6124735369 SUSAN RAPPAPORT 09/13/93 21:55 P03 ot, f fac a slide came over the road end lodged against the roof and back of our neighbor's 'home. with the The Nordic trail is scarred and damaged, and we are especially concerned ucsa=ptable part directly above our home. The easement along out prop Y (which was designated as a utility easement., by the way), has bew.tt-ashed' The terrain is uneven and not graded for proper drainage. There are rocks, boulders and dead tree strewn around. On the upper side of the road, there are enormous tree roots that have been exposed from the road cutting. These is one large double trunk tree in particular that could seriously damage our home if it falls, and win le the Forest Service agrees that it could fall and has given us p miss; n to ve we feel that the expense and responsibility should be borne by those who originally damaged it or the new owners. During any building, roads or homes, there must be construction fences which protect our property as well as our neighbors, from debris, boulders, etc. falling down upon us. • There must be limitations set on the number of trucks and large vehicles that can o tip and down there, and they must not be allowed to use the Nordic Trail which 8 was.designated originally and should remain a non -vehicular road. ecloset • Needless to say, a responsible person and agency must be appointed to y monitor any of these stipulations that you approve. The previous owner agreed to many things and then did not do them. No one was there to check on tam or red tag him for his lack of compliance. please also review the agreement between the subject property and the Newfoundland Claim next door, The Newfoundland has access rights across the Hoag *3 property. They are also part of this Puzzle and the potential for future problems. Both of these properties should be part of the same sorts of limitations, because of the fragile nature of their location. We urge all the members of the committee to personally go to the site, so they can appreciate the seriousness and difficulties of building in that area. Thank you for allowing us to express our views. Please do not let these issues drop into the cracksl We would also appreciate being copied on the outcome of the meeting. .Crary B. Rappaport Susan IL Rappaport cc: Tommy Coleman Jack Davis MEMORANDUM TO: Arran Planning and Zoning Commission FROM: Kim.Johnson, Planning RE: Snow Queen Lodge - GMQS Exemption for an Affordable Housing Unit and Special Review for FAR in a Lodge Preservation Zone District DATE: September 21, 1993 .SUMMARY: The applicant seeks to construct a manager's apartment deed restricted to Category 3 price/income level on the Snow Queen Lodge property. This is a GMQS exemption by Council with review and recommendation from the Commission. Also necessary by the Commission is Special Review for floor area ratio in an LP zone. Staff recommends approval of the GMQS Exemption and Special Review with conditions. APPLICANT: Norma Dolle and Larry Ledingham, represented by:Larry Ledingham LOCATION: 124 E. Cooper Ave. (Lot Q and east half of Lot P, Block 69, City and Townsite of Aspen) ZONING: (LP) Lodge Preservation APPLICANT'S REQUEST: The applicant seeks GMQS Exemption and Special Review for FAR in a LP zone for the construction of an 800 s.f. manager's quarters on the northwest corner of the lodge building. Part of the addition also includes a bathroom for one of the guest rooms. Please refer to the application text and drawings, Exhibit "A". The existing structure is approximately 2,500 s . f . Proposed FAR is therefore approximately 3,300 s . f . The two level addition will contain the kitchen, living and dining areas on the upper floor and the bedroom on the ground level. REFERRAL COMMENTS: For complete referral.memos, please see Exhibit "g" Engineering: 1) The sidewalk in front of the lodge needs repair. 2) The fence along E. Cooper is encroaching into the public right- of-way. 3) The project's trash storage area -needs to be identified. Housing Authority: The Housing Office supports this request and recommends Category 3 deed restriction for the unit. STAFF COMMENTS: GMQS Exemption for Affordable Housing-: Pursuant to Section 8-104 C.1(c) the Council shall exempt deed restricted housing that is provided in accordance with the housing guidelines. However the Commission shall review -and make a recommendation to Council regarding the housing package. According to the Code, the review of any request for exemption of housing pursuant to this section shall include a determination of the City's need for such housing, considering the proposed development's compliance with an adopted housing plan, the number of dwelling units proposed and their location, the type of dwelling units proposed, specifically regarding the number of bedrooms in each unit, the size of the dwelling unit, the rental/sale mix of the proposed development, and the proposed price categories to which the dwelling units are to be deed restricted. RESPONSE: The Snow Queen Lodge has seven bedrooms, one being used by two employees and one used by the manager (180 s.f.). This situation cuts into the available rooms for guests down to five. The applicant is voluntarily proposing to construct the new manager's apartment for the benefit of the tanager and to replace a room for lodge accommodation. The deed restriction recommended by the Housing Office is Category 3, which allows monthly rent up to $910.00 and maximum household income of $50f000.00. This restriction is agreeable to the applicant. Affordable housing for lodge employees is listed as a permitted use in the LP zone. The proposed addition received a side yard setback variance from the Zoning Board of Adjustment in May 1993, and otherwise complies with the dimensional requirements of the LP zone. According to the Land Use Code, parking for residential use is N/A (not applicable) in the LP district. There are currently 4 parking spaces on -site, with the opportunity to add one more if a small shed is removed. Since the new affordable unit is allowing a bedroom to be re-established for guest use and the shed is already an encroachment onto the neighboring property, staff recommends that it be removed and an additional gravel parking space be accommodated off of the alley for a total of five on -site spaces. Special Review for FAR in a LP zone: The dimensional requirements of the PL zone district require FAR to be approved by Special Review, but shall not exceed 1:1. Section 7-404 A.1 and 2. establish the standards as follows: 1. The mass, height, density, configuration, amount of open space, landscaping and setbacks of the proposeddevelopment are designed in such a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the underlying zone district. 2. The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts, including but not limited to the effects of 2 rA shading, excess traffic, availability of parking in the neighborhood, or blocking of a designated view plane. Response: The parcel size is 4,500 s.f. The proposed floor area on the site will be approximately 3,345 s.f. or .71:1, well below the 1:1 maximum allowed by Special Review. The proposed extension is at the rear and side of the existing two story structure, covering a one story section and proceeding to the rear an additional 20 feet. The new rear wall will extend approximately 4' beyond the adjacent rear wall of the building. Twenty-one feet remain between the rear property line and the proposed rear wall which more than adequately accommodates the required 18' long parking space, including some snow storage.space. The rear portion of the lot is already a gravel parking area., so the character of the alleyway will not be substantially changed. Additional landscaping along the rear of the addition is not necessarily advisable because of the parking and snow storage needs, although a sturdy low -growing shrub type would work. As earlier mentioned, the Zoning Board of Adjustment has already granted a 3.6' variance for the required 5' side setback along the western property line. The property adjacent to the west contains the two-story Little Red Ski House. The proposed Snow Queen addition will block the easterly views from this property. RECOMMENDATION: Staff recommends approval of GMQS Exemption and Special Review for FAR for the Category 3 deed restricted manager's unit to be voluntarily constructed at the Snow Queen Lodge with the following conditions: 1. The owner shall submit appropriate deed restrictions to the Aspen/Pitkin County Housing Authority for approval. The units shall be deed restricted to Category 3 occupancy. Upon approval by the Housing Authority, the Owner shall record the deed restrictions with the Pitkin County Clerk and Recorder's Office. 2. Prior to issuance of any building* permits for the property, a copy of the recorded deed restrictions for the new dwelling unit must be forwarded to the Planning Office. 3. The shed in the northwest area of the property shall be removed and a fifth parking space shall be added off ' of the alley. All parking spaces must be shown and dimensioned on the site plan included for a building permit. 4. The site plan for building permit shall indicate the trash storage area for this project. 5. Prior to issuance of any building permit, an encroachment license or removal is required for the fence located in the E. Cooper right-of-way. 3 6. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission and City Council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve GMQS Exemption and Special Review for FAR for the Category 3 manager's housing unit to be voluntarily constructed at the Snow Queen Lodge with the conditions recommended in the Planning Office memo dated September 21, 1993." Exhibits: "A" - Proposed Site Plan, Floorplans, Elevations, and Application Letter "B" - Referral Memos 4 ty- �o Z C r C 03 o�v 040 NNW OM o m� � 04