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Home My WebLink AboutLand Use Case.777 Castle Creek Dr.0024.2004.ASLUCity o f Aspen Community Development Dept. CASE NUMBER 0024.2004.ASLU PARCEL ID# 2735-122-34-001 CASE NAME Fence Height variance PROJECT ADDRESS 777 Castle Creek Dr PLANNER James Lindt CASE DESCRIPTION Fence Height variance to allow for dogs REPRESENTATIVE Crystal Lyons DATE OF FINAL ACTION 6/08/04 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED 06/09/04 BY D DRISCOLL [0 4010* = 6 --- -- 1 File Edit Record Navigate Form Reports Tab Heip 63*0 -9 68 14@=3214 4 k )1 *CliC Routing History I Coriditions 1 Sub Re,mits 5 Valuation { Public Comment } * Main I Roging Status 1 Arch/Eng i Paice# i Custom fields 1 Feel } Fee Summae i betions ~ -/...... Permit # ~0024.2004.ASLU .- ...... .......... a&.-u.....- - -I.. i. 1 1 Addiess 777 CASTLE CREEK DR j Apt/S uite F B , ' City ASPEN - State iCO -3 Zip 481611 11 - Â® Petrnit Information ~mÂ«**Â«*X~~~24Â«22*Â«ccu*/2Â«40 br) ~ Master Permit ; Routing Queue ~astu Applied *imigdi 1 Approved [ 1 10 4 Protect i Statij ;wnding IRI: ~ De.cÂ®tion REQUESTING 41/2 FOOT FENCE TO ALLOW FOR DOGS. Issued I . 12911 )0 Final I -/ 'Reul-- u:, ~ | S ubmitted CRYS TAL LYdtig. 379-6930 Clock ~Running Days ~ 0 Expires 104/11/2005 f-~ Visible on the web? Pe,mit ID: 1 30554 ~ Owner Â· ~ Last Name JWALL Â£| F,st Name .CHARLES R }188 E 70TH ST NEWYORK NY 10021-51 70 i Phone 1 l F Ownerls Applicant? Applicatit ~ V.-~"LL, ~ 1 Last Name Â·WALL 21 First Narne CHARLES R & NANCT' L {777 CASTLE CREEK DR Â«Â«"W , 'ASPEN CO 81611 i ~ Phone I'370] 925Â·2417 i Check to have visible on the web ~~~~1 Record 2 01 9 Permit Receipt RECEIPT NUMBER 11320 Date: 4/16/2004 Applicant: CHARLES R & NANCY L WALL Payee: April 2004 Type: check # 1728,1729 Permit Number Fee Description Amount 0024.2004.ASLU Aspen Land Use App Fees 2004 1,310.00 Total: 1,310.00 RETAIN FOR PERMANENT RECORD . DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Charles and Nancy Wall, 777 Castle Creek Drive, Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Un its A and B of the Castle Creek Townhomes Legal Description and Street Address of Subject Property Variance from Residential Design Standards to construct fence greater than 42" tall in front of front facade Written Description of the Site Specific Plan and/or Attachment Describing Plan Planning and Zoning Commission Resolution No. 20, Series of 2004, 6/1/04 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) June 12,2004 - Effective Date of Development Order (Same as date of publication of notice ofapproval.) - - June 13,2004 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) th Issued this 12 day of June, 2004, by the City of Aspen Community Development Diregtor. \19*02 (1. C. Joyce Allgaier, Communi# Development Deputy Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval o f a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Units A and B of the Castle Creek Townhomes. by resolution of the Planning and Zoning Commission numbered 20, Series of 2004. For further information contact Julie Ann Woods, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090. S/City of Aspen Publish in The Aspen Times on June 12,2004 , t T INE':21Â·-'1 4 F 8 - 74 A: ...~,E,0.f.Â· , '' F.Jli.0Â· .'I tri t~... ~~~~ - , DC *,8 ' h 4' I I .ftm ...1 1 -4 .Rf#,b.". '. 1 4 -6 t'' '.'Â·. ' b Â·' ~ '~; 1-5, Wi ; *i' - :44 . 02 -1 - I. 1Â·ira , i 41 -41*,8, ? - iÂ£ C 61,-ht -.6. 1 Â·Â· %Â·' 4;,j-9421 ..4. 1/.7 . 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I , M.it'Y Ut'1,2,1 9'...'U ON Resolution No. 20 (Series of 2004) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A VARIANCE FROM THE FENCE HEIGHT RESIDENTIAL DESIGN STANDARD AT 777 CASTLE CREEK DRIVE, UNITS A AND B OF THE CASTLE CREEK DRIVE TOWNHOMES, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-122-34-001 WHEREAS, the Community Development Department received an application from Charles and Nancy Wall, seeking a variance from the fence height requirements established in Land Use Code Section 26.410, Residential Design Standards, to construct a six (6) foot tall horizontal wood fence along Cemetery Lane and a four foot and six inch (4'63 tall iron fence along Castle Creek Drive on the property located at 777 Castle Creek Drive, Units A and B of the Castle Creek Drive Townhomes, City of Aspen, Colorado; and, WIIEREAS, pursuant to Section 26.410.020 of the Aspen Municipal Code, Community Development Department Staff reviewed the fence application for compliance with the Residential Design Standards Section of the Aspen Municipal Code and found the submitted development application to be inconsistent with Review Standards pursuant to 26.410.040(A)(3); and, WHEREAS, Section 26.410.020(C) of the Aspen Municipal Code provides that if an application is found by the Community Development Department Staff to be inconsistent with any item of the Residential Design Standards, the Applicants may either amend the application or request a variance from the Planning and Zoning Commission pursuant to Land Use Code Section 26.410, Residential Design Standards; and, WHEREAS, pursuant to Section 26.410.020(B) of the Aspen Municipal Code, the Applicants submitted a request for a variance from the Residential Design Standard set forth at Section 26.410.040(A)(3) of the Aspen Municipal Code pertaining to fence height; and, WHEREAS all applications for a variance from the Residential Design Standards of Section 26.410.040 must meet one of the following review standards in order for the Planning and Zoning Commission to grant an exception, namely the proposal must: a) Provide an appropriate design or pattern of development considering the context in which the development is proposed and purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, b) Be clearly necessary for reasons of fairness related to unusual site- specific constraints. WHEREAS, the Community Development Director, after review of the requested variance, recommended denial of the proposed request, finding that the applicable review standards are not met by the proposal; and, WHEREAS, during a duly noticed public hearing on May 18,2004. the Planning and Zoning Commission opened and continued the review of the variance request to June 1, 2004; and. WHEREAS, during a duly noticed public hearing on June 1, 2004, the Planning and Zoning Commission approved with conditions, by a five to zero (5-0) vote, the requested residential design standard variance to construct a six (6) foot tall horizontal wood fence along Cemetery Lane and a four foot and six inch (4'63 tall fence along Castle Creek Drive on the property located at 777 Castle Creek Drive, Units A and B of the Castle Creek Drive Townhomes, City of Aspen, Colorado; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements ofthe Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 That a variance from the fence height standard of the Residential Design Standards to construct a six (6) foot tall horizontal wood fence along Cemetery Lane and a four foot and six inch (4'6") tall fence along Castle Creek Drive is hereby approved for the property located at 777 Castle Creek Drive, Units A and B of the Castle Creek Drive Townhomes, with the following conditions: 1. The Applicants shall obtain a fence permit from the City of Aspen Building Department prior to installing the fence. The fence permit submittal shall include a site plan demonstrating that the fence shall not be constructed in the line of sight of motorists turning onto Cemetery Lane from Castle Creek Drive as is to be reviewed by the Community Development Engineer. 2. The Applicants shall excavate those postholes to be located within the root zones of the existing Cottonwood and Spruce trees on the property by hand to avoid damaging the root systems. The location of the fence posts shall be planned in a manner in which the majority of the postholes will be located in the area between trees and not directly behind existing tree trunks. 3. The Applicants shall not locate a posthole within 18 inches of the trunk o f an existing tree. 4. In the event that the Spruce trees on the southeastern portion of the property need to be trimmed in order to accommodate the location of the proposed fence, the Applicants shall preserve the branches on the Castle Creek Drive (eastern) side of said trees. 5. The fence height variance granted herein shall only be for the type of fences applied for in the application (a cut sheet of the iron fence is attached as Exhibit "A" and a cut sheet of the wood privacy fence is attached as Exhibit "B"). Any changes in material or opacity of the fence designs approved herein shall require an amendment to this variance approval. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection. sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 1 st day of June. 2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian. Deputy City Clerk Nb. ' ~ MEMORANDUM To: Aspen Planning & Zoning Commission ~.~._-- ~---.~ JAA' O THRU: Joyce Allgaier, Community Development Deputy Director FROM: James Lindt, Planner B-1 - RE: 777 Castle Creek Drive Variance from Residential Design Standards- Public Hearing, Continued from May 18th DATE: June 1,2004 9%228024Â« tiof- APPLICANT: Charles and Nancy Wall PARCELID: 2735-122-34-001 \Ad ) 406.2 a e ADDRESS: 777 Castle Creek Drive; Units 1 and 2, of the Castle Creek Drive ~~ Townhomes ZONING: R-15 (Moderate-Density Residential) Zone District 6177- CURRENT LAND USE: Duplex LAND USE REQUEST: The Applicant is requesting a variance from the Residential Design Standards to construct a fence greater than forty-two inches tall in front of the front fagade ofthe duplex. RECOMMENDATION: Staff cannot support the variance request. APPLICATION SUMMARY: The Applicants, Charles and Nancy Wall, seek a variance from the requirements established in Land Use Code Section 26.410, Residential Design Guidelines, in order to construct a fence greater than forty-two (42) inches in height that is forward of the front fagades of their duplex at 777 Castle Creek Drive. There are two types of fences being proposed for the corner property at 777 Castle Creek Drive. Along Castle Creek Drive, the Applicant is proposing to construct an iron fence with posts of four feet and six inches (4'63 tall and rails extending to - -- -- about four feet and four inches (4'4") off of grade. The Applicants have also proposed to construct a six (6) foot tall horizontal wood fence along Cemetery Lane that would venture slightly forward of the front fa~ade and connect with the iron fence near the corner of Cemetery Lane and Castle Creek Drive. Please note that the Applicants have the ability to construct the proposed wood fence along Cemetery Lane until it is even with the front faga(le of the garage of Unit B without obtaining a variance. That being the case, the variance request is only for the iron fence along Castle Creek Drive and the remainder of the wood fence forward of the front fagade of Unit B's garage. The Applicants have indicated that they are making the request to construct a taller fence than is allowed by the standards in order to contain their Doberman pinscher dogs within the yard. REVIEW PROCESS: All applications for variance from the Residential Design Standards must meet one of the following review standards in order for the Planning and Zoning Commission to grant the requested exception: a) The variance shall provide an appropriate design or pattern of development considering the context in which the development is proposed and purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine U the exception is warranted; or, b) Be clearly necessaryfor reasons offairness related to unusual site-specific constraints. STAFF COMMENTS: In reviewing the variance request, Staff believes that the wood portion of the fence that is proposed along Cemetery Lane is consistent with the other six (6) foot tall privacy fences that exist along Cemetery Lane on this particular block as can be seen in the picture below. 4 9Â¥3944 'Â»...4. 1 1 Subject ~ 6-Foot Tall Fences Property T along Cemetery. Lane k- H ,: i:*4* 33 8#,ariti 1.~lflit~f 194%.%*W Additionally, the height of the proposed iron fence along Castle Creek Drive is fairly consistent in height with that of the other fences located along Castle Creek Drive as can be seen in the picture below. 2 6-Foot Tall Fence '11.'... ~'dÂ·,,I,:Q~,$.~' 1 Vil' -Â·44 '. ..1 About 48" Tall |E 1 1 . '.1 1,/4 Â·'17 Subject Property Next Door ~~ However, Staff feels that allowing the proposed variance request would further a fence phenomenon in this particular area that contradicts the intent of the site design standards of the residential design guidelines established in Land Use Code Section 26.410.040. The intent language of the abovementioned site design standards indicates that fences should define the boundaries of private property without eliminating the visibility of the house and the front yard from the street. Iii this situation, Staff feels that the additional foot requested by the Applicant on the iron fence would effectively hamper the ability of pedestrians to clearly view the house and the front yard even though the fence is not a privacy fence. Thus, approving this request would further the unfriendly relationship that the residences along Castle Creek Drive portray to pedestrians iii the right-of-way and the public realm. Moreover, Staff believes that existing technology provides other means of maintaining pets within the confines of yards without requiring taller fences than are allowed by the code. In reviewing the safety considerations relating to the proposed variance, the Community Development Engineer has reviewed the request and believes that the Applicants have proposed to end the wood portion of the fence far enough away from the corner of Cemetery Lane and Castle Creek Drive so as not to impair the vision of motorists turning from Castle Creek Drive onto Cemetery Lane. If the Planning and Zoning Commission is inclined to approve the proposed variance request, Staff would recommend that the Commission require the conditions of approval in the attached resolution that appropriately ensure line of sight compliance by requiring the fence permit plans to meet the City Engineering Department's line of sight requirements. The proposed conditions of approval also include a condition intended to prevent tree health concerns as a result of constructing the proposed fence in that the condition requires that the post holes be hand excavated and setback at least a foot and a half from the existing tree trunks on the site. ~TAFF RECOMMENDATION: Staff does not feel that we can support the proposed fence variance in that it would further a negative neighborhood phenomenon of blocking out the pedestrian public realm from that of the private realm by constructing tall fences along the streetscape. 3 RECOMMENDED MOTION (ALL MOTIONS ARE STATED IN THE POSITIVE): "I move to approve Resolution No90 Series of 2004, approving with conditions, a variance from the fence residential design standard to construct a wood fence of six (6) feet tail along Cemetery Lane and an iron fence of four feet and six inches (4'63 tall along Castle Creek Drive on the parcel of land located at 777 Castle Creek Drive, Units A and B of the Castle Creek Drive Townhomes, City and Townsite of Aspen." ATTACHMENTS: Exhibit A -- Review Criteria & Staff Findings Exhibit B -- Application Exhibit C -- Referral Comments 4 ' ' Resolution No. ,RO (Series of 2004) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A VARIANCE FROM THE FENCE HEIGHT RESIDENTIAL DESIGN STANDARD AT 777 CASTLE CREEK DRIVE, UNITS A AND B OF THE CASTLE CREEK DRIVE TOWNHOMES, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-122-34-001 WHEREAS, the Community Development Department received an application from Charles and Nancy Wall, seeking a variance from the fence height requirements established in Land Use Code Section 26.410, Residential Design Standards, to construct a six (6) foot tall horizontal wood fence along Cemetery Lane and a four foot and six inch (4'63 tall iron fence along Castle Creek Drive on the property located at 777 Castle Creek Drive, Units A and B of the Castle Creek Drive Townhomes, City of Aspen, Colorado; and, WHEREAS, pursuant to Section 26.410.020 of the Aspen Municipal Code, Community Development Department Staff reviewed the fence application for compliance with the Residential Design Standards Section of the Aspen Municipal Code and found the submitted development application to be inconsistent with Review Standards pursuant to 26.410.040(A)(3); and, WHEREAS, Section 26.410.020(C) of the Aspen Municipal Code provides that if an application is found by the Community Development Department Staff to be inconsistent with any item of the Residential Design Standards, the Applicants may either amend the application or request a variance from the Planning and Zoning Commission pursuant to Land Use Code Section 26.410, Residential Design Standards; and, WHEREAS, pursuant to Section 26.410.020(B) of the Aspen Municipal Code, the Applicants submitted a request for a variance from the Residential Design Standard set forth at Section 26.410.040(A)(3) of the Aspen Municipal Code pertaining to fence height; and, WHEREAS all applications for a variance from the Residential Design Standards of Section 26.410.040 must meet one of the following review standards in order for the Planning and Zoning Commission to grant an exception, namely the proposal must: Â·a) Provide an appropriate design or pattern of development considering the context in which the development is proposed and purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, b) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. 5 WHEREAS, the Community Development Director, after review of the requested val-iance, recommended denial of the proposed request, finding that the applicable review standards are not met by the proposal; and, WHEREAS, during a duly noticed public hearing on May 18, 2004, the Planning and Zoning Commission opened and continued the review o f the variance request to June 1,2004; and, WHEREAS, during a duly noticed public hearing on June 1, 2004, the Planning and Zoning Commission approved with conditions, by a to (_-_) vote, the requested residential design standard variance to construct a six (6) foot tall horizontal wood fence along Cemetery Lane and a four foot and six inch (4'63 tall fence along Castle Creek Drive on the property located at 777 Castle Creek Drive, Units A and B of the Castle Creek Drive Townhomes, City of Aspen, Colorado; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 That a variance from the fence height standard of the Residential Design Standards to construct a six (6) foot tall horizontal wood fence along Cemetery Lane and a four foot and six inch (4'63 tall fence along Castle Creek Drive is hereby approved for the property located at 777 Castle Creek Drive, Units A and B of the Castle Creek Drive Townhomes, with the following conditions: 1. The Applicants shall obtain a fence permit from the City of Aspen Building Department prior to installing the fence. The fence permit submittal shall include a site plan demonstrating that the fence shall not be constructed in the Iine of sight of motorists turning onto Cemetery Lane from Castle Creek Drive as is to be reviewed by the Community Development Engineer. 2. The Applicants shall excavate those postholes to be located within the root zones of the existing Cottonwood and Spruce trees on the property by hand to avoid damaging the root systems. The location of the fence posts shall be planned in a manner in which the majority of the postholes will be located in the area between trees and not directly behind existing tree trunks. 3. The Applicants shall not locate a posthole within 18 inches of the trunk of an existing tree. 6 ' 4. In the event that the Spruce trees on the southeastern portion of the property need to be trimmed iii order to accommodate the location of the proposed fence, the Applicants shall preserve the branches on the Castle Creek Drive (eastern) side of said trees. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This resolution shall not afiect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining porti.ons thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 1 st day of June, 2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk 7 EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS Section 26.410 Residential Design Standards The Planning and Zoning Commission may grant relief from the Residential Design Standards at a public hearing i f the variance request is found to: a) Provide an appropriate design or pattern of development considering the context in which the development is proposed and purpose of the particular standard. In evaluating the context as it is used iii the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, Staff Finding: As was stated iii the Staff Memorandum. Staff feels that the variance request to construct a six (6) foot tall wood fence along Cemetery Lane and an iron fence of four feet and six inches (4'6") tall along Castle Creek Drive is consistent with the fence development pattern in the immediate area. However, Staff believes that the requested variance would further a negative neighborhood pattern of fence development that portrays an unwelcome feeling to pedestrians in their relationship with the private realm. Staff does not believe that this standard is met by the proposal. b) Be clearly necessary for reasons offairness related to unusual site-specific constraints. Staff Finding: Staff does not believe that there are any site-specific constraints on the property in that the site is not a substandard property and the site is perfectly flat in terms of topography. Staff does not find this criterion to be met by the proposal. 8 . (r 'l .1 4.-621// CLX 21 ) U 1 i ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: Name: C.412.-Let lâ‚¬,4)aut_ ef\Â©1~34 4.4Jaul_ l. Location: 7 77 Ckext-s Ou:=eÂ»ta ue. (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 4 43 5-144 -,3 4-00 / REPRESENTATIVE: Name: Address: Phone #: PROJECT: ~ h Name: (A-1 scaLLY=DtÂ«% 4-yous FEAJe\NG j 1 J Address: CheeÂ©NobLE_ Phone #: TYPE OF APPLICATION: (please check all that apply): D Conditional Use U Conceptual PUD U Conceptual Historic Devt U Special Review D Final PUD (& PUD Amendment) D Final Historic Development U Design Review Appeal U Conceptual SPA U Minor Historic Devt. D GMQS Allotment D Final SPA (& SPA Amendment) D Historic Demolition U GMQS Exemption ~ Subdivision U Historic Designation U ESA -8040 Greenline, Stream D Subdivision Exemption (includes El Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane D Lot Split El Temporary Use Â£ Other: 8 Lot Line Adjustment C Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) -- r -Â»ENG. 1 0- LLESÂ»Jq 44 T-COX- 1 -rb ,/SL-ls>vj Sbe- 045 - tgANI #49 96 / W 2-<IXE:kJ D>*SC-21 *5-000 /â‚¬-UE/h<:-\AE-Kb. FEES DUE: $ 1 ~3> C cf~- Have you attached the following? U Pre-Application Conference Summary U Attachment #1, Signed Fee Agreement U Response to Attachment #3, Dimensional Requirements Form D Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. RETAIN FOR PERMANENT RECORD .. IRON FENCE DESCRIPTION (as per drawing) Height of fence posts will be 4'6" Height of railing on fence will bd 4'4 92 " Conly 1 h inches:below top of posts) There will be 6 inches between the top and middle rails , Pickets will be spaced 4 inches apart except between top and middle rails where they will be spaced 9 M inches apart Bottom rail will Bb off of the ground 2 inches Pickets will be 1 M inches square Posts will be 4 inches square except ends and corners which will be 6 inches square - There will be 3 rails on both sides ofthe fence. The top 2 rails will be 2 inch flat bar and the bottom rail will be 3 inch flat bar. The cap on the top of the fence will also be 2 inch flat bar * This fence will be installed on the inside of the existing green 6x6 retaining ties (as per color coded plat map) approximately 4-5 feet off of the edge of pavement of Castle Creek Drive * This fence will bdvery similar to the fence around the schoolyard on Bleeker Street (photograph of this fence enclosed) * There will be a double drive gate system on each driveway, with an automatic gate operating system. The gates will open into the property. A mounted keypad will be placed on the roadside of the fence for entry. REASON FOR REQUEST: We are requesting this fence to be taller than 42 inches because there will be Doberman pinscher dogs behind the fence. A 42-inch tall fence would be very easy for this type of dog to jump over. We are asking that the height of the actual ailing on the fence be 52 1/2 inches. This is our preference however we do not want to go below 48 inches. RETAIN FOR PERMANENT RECORD 4 4 + 4 4.:.4.4. - i 1 1 1 1 1 1, rl .1 11 1 0 4 . I 4" 1 4' '1 1/2' SCHEME "C" SCALE: 1/2" = 1'-0" RETAIN FOR PERMANENT RECORD j'&" 3%0 1/2" .. HORIZONTAL WOOD FENCE DESCRIPTION as per drawing â€¢ Height of wood fence will be 6 feet â€¢ Boards will run horizontally from top to bottom â€¢ Boards will be a lx6x8 with a 16 inch gap between each â€¢ Posts will be 6x6x8 and will be set on 8-foot centers â€¢ There will be a cap board on the top of this fence which will be a lx8x8 â€¢ This fence will continue north (from existing neighbors fence) parallel to Cemetery Lane and meet up with the iron fence (as per color coded plat map) â€¢ This fence will be similar to a fence that is on the west side of Cemetery Lane and approximately one block south of the site address REASON FOR REQUEST: We are requesting this fence be 6-feet tall in order to help keep the dust down and also some of the noise from Cemetery Lane. The fence would be approximately 11 feet off of the pavement of Cemetery Lane for the majority of the distance, then cross over the ditch at an angle and meet up with a section of the iron fence. Again please see color coded plat map. RETAIN FOR PERMANENT RECORD ....-N ./.- .... - - - --1 1 1 1 1 1 1 4 6., lilli] 1 1 Â· f / 1 :, lit 111 lilli p t. Ci 1 , I 1 .0,1 .... 1/ RETAIN FOR PERMANENT RECORD f .5 1/ Brian Flynn, 08:36 AM 04/26/2004,777 Castle Creek Drive Page 1 of 1 .. Ex A ( u 1 9 # X-Sender: brianf@ commons X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Mon, 26 Apr 2004 08:36:10 -0600 To: jamesl@ci.aspen.co.us From: Brian Flynn <brianf@ci.aspen.co.us> Subject: 777 Castle Creek Drive X-MailScanner-Information: Please contact the ISP for more information X-MailScanner: Found to be clean Parks Department Comments: 1) Installation of the fence around the root zones of the trees located on site shall take place by hand, no trenching machines or larger digging machines can be used in or around any of the Cotton wood trees or the Spruce trees. Planning should be considered in a manner that lessen the amount of disturbance to roots. The location of the posts should be planned so a majority of the posts (holes) are located between tree trunks, not directly in front of the trunk. 2) The final location of the fence sliould be 1.5 feet from the trunk of each tree, allowing for minimum disturbance and future growth ofthe trees root zone. 3) The fence location on the Cemetery Lane side of the property does not negate the responsibility of the property owner from maintaining the ROW along the property and Cemetery Lane. ie: ditch maintenance, trash removal, landscape maintenance, etc... ' 4) Street-scape protection. The proposed fence along the spruce hedge should be moved into the property far enough for the owner to minimize the damage or need for tree trimming. However, the parks department understands that the trees may need to be trimmed up iii order to accommodate the location of the fence. If the trees are trimmed Parks asks that attention be taken to the trees and protect the branches on the Castle Creek side of the trees. Brian Flynn, Parks & Open Space Coordinator 130 South Galena St Aspen, CO 81611 970-920-6011(P) 970-920-5128(F) Printed for James Lindt <jamesl@ci.aspen.co.us> 04/26/2004 Â£ 4/ h g q h rn & i v. 4- u 0-6 U-,NA* ,6<*pf#41#~8 T 34 R & 42 9 , 11 4%6* IRC,1 %00 49 +1 de NGO Al --~4 2 Â£ 9499 ~ ~ 4 107 -9,& f 0487.4 / 'h>.* . 3 840 1. ' \' 10-1 toot 1 1. â‚¬ O, 4.4,4LJ~N.\~F?/1/2. | 1 -1 41440 , *41&04/6 , 1 1 . . 4 - 1 42. 7-1 ...,; m 0'ji?Kwit) I â€ž 1. j OT CONSTRUCTED ~ ' 1, ny' 1 (96%*P\n Â»1 ai rÂ· 23.1, vel , 4 42.2' 0 - . ARIVEWAY / r 4.7' -0 NbT-CONSTRUCTED " 1 h 2 STORY WITH BASEMENT PORCH WALL 4.1' DUPLEX 1 8,71 -..â€¢me,===4k4k , PORCH NOT CONSTRUCTED~ 1 ~ 5,8' A 0 UNIT 4% . UNIT A - 1.1 1 e" il ,- i i j Â» 1 W~FÂ· 1.Â· I Â· lili : N 1 1-4 7 \ 3.2, PORCH WALL 1 he .. WINDOW 4 - 4 a I...7. , ...--,elu A n i 4 r t a 9 8.2 WELL LCE UL 31.2' -0, B,,WINDOW gr--4.r git A Y , 3 DEM)71.CE 3 5.2' 3 6 9 .1 WELL - W LCE . 05 1 5.2, 30' W ROOFED AREA 4 . AN 9 DECK LCE I )9 ) G CE 22.2' 0 W ROOFED AREA ~ GCE 10 - Wi i 9 ./ *t . 0 0 0 4 - 4 941 (44.SI') ~ (75.82'} 7 (108.08Â·,V \hz. Il Y' ti / CO 0 0 V S 760 26" W 160' WOOD FENCE - WOOD FENCE LOT 11 LEGEND I FOUND 5/8" STEEL ROD PROPERTY CORNER MONUMENT. m SET 5/8" STEEL, ROD PROPERTY CORNER MONUMENT WITH PLASTIC CAP MARKED "BUETTNER 13166" (8/9/90) GCE GENERAL COMMON ELEMENT LCE LIMITED COMMON ELEMENT SURVEYOR'S CERTIFICATE 1,.LOUIS H. BUETTNER HEREBY CERTIFY THAT IN AUGUST, 1990, 1 SURVEYS WERE PERFORMED UNDER MY SUPERVISION OF "777 CJ CONDOMINIUMS, AS SHOWN HEREON. .U :':....7. e. A I . A-- Cif,~ 11 ,Fr ./ LOUIS H. BUETTNER LS 13166 't 99 05'602, 1, Pr 9 h .:2 e LANE PORCH NOTCONEÂ¥*UCTE =40.00 EDG E OF ASPHALT PAVING N 130 34'W SCALED RIGHT-OF-WAY 60' Brian Flynn, 08:36 AM I /2004,777 Castle Creek Drive Page 1 of 1 . Ex A 15 1 "c * X-Sender: brianf@commons X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Mon, 26 Apr 2004 08:36:10 -0600 To: jamesl@ci.aspen.co.us From: Brian Flynn <brianf@ci.aspen.co.us> Subject: 777 Castle Creek Drive X-MailScanner-Information: Please contact the ISP for more information X-MailScanner: Found to be clean Parks Department Comments: 1) Installation of the fence around the root zones of the trees located on site shall take place by hand. no trenching machines or larger digging machines can be used in or around any of the Cotton wood trees or the Spruce trees. Planning should be considered in a manner that lessen the amount of disturbance to roots. The location of the posts should be planned so a majority of the posts (holes) are located between tree trunks, not directly in front of the trunk. 2) The final location of the fence should be 1.5 feet from the trunk of each tree, allowing for minimum disturbance and future growth o f the trees root zone. 3) The felice location on the Cemetery Lane side of the property does not negate the responsibility of the property owner from maintaining the ROW along the property and Cemetery Lane. ie: ditch maintenance, trash removal, landscape maintenance, etc... 4) Street-scape protection. The proposed fence along the spruce hedge should be moved into the property far enough for the owner to minimize the damage or need for tree trimming. However, the parks department understands that the trees may need to be trimmed up in order to accommodate the location of the fence. If the trees are trimmed Parks asks that attention be taken to the trees and protect the branches on the Castle Creek side of the trees. Brian Flynn. Parks & Open Space Coordinator 130 South Galena St Aspen, CO 81611 970-920-6011(P) 970-920-5128(F) Printed for James Lindt <jamesl@ci.aspen.co.us> 04/26/2004 '' ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 777 (ST-LE Ce-aeÂ£Deide , Aspen, CO SCHEDULED PUBLIC HEARING DATE: h] ay l (2) , 200Â« STATE OF COLORADO ) ) SS. County of Pitkin ) i, r46:tac_Y L\Â£1 ALL (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) o f the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen ( 15) days prior to the public hearing. A copy of the publication is attached hereto. ~ Posting ojnotice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the 9*-day of D . 20(*_, to and including the date and time of the public hearing.~~~photograph of the posted notice (sign) is attached hereto. J Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) ofthe Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage - prepaid U.S. mail to any federal agency. state, county, municipal government, school. service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy ofthe owners and governmental agencies so noticed is attached hereto. (continued on next page) .....0 -.7-/,1- i. fl 4.- dep///4./. i )4 D L III D CD cn 1.0 co Cd co 10 'Ln .ON> ANXON0 HNN+ 1 .. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise. the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments Signature tf The foregojng "Affidavit of Notice" was acklywledged before me this / / T (my of / I lor'.C~ ,100(Â»7 AiA/,?(,4 1- lu).9-2-(- /1 U 10Aillette S. Dangler WITNESS MY HAND AND -~~*~NbEEAL e 0 2 -n March 5,20~ M â€¢ ,â€¢ A My com~lission expires: 1 My Commission =Apires 5 6 ' 0,34Gu ' 1, Â»Â»(09 00/ -4Pu - 7-wty# 6 ~U ~My Notary Public / *8 ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL CITY OF ASPEN RED BUTTE CEMETERY DANKS LAURA 130 S GALENA ST PO BOX 194 845 CEMETERY LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN. CO 81611 JBL KEYSTONE LLC STERTZER ELIANE C HOMEYER EVE P O BOX 8355 PO BOX 2746 810 CEMETERY LN ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611 KENDALL PHILLIP A BLACK BETSY P ESARY GARY S 1915 WOOD AVE 825 CEMETERY LN PO BOX 8725 COLORADO SPRINGS, CO 80907 ASPEN, CO 81611 ASPEN, CO 81612 ENGLANDER ALAN S TRUST SCHWARTZ EDWARD H REV STRICKSTEIN FAMILY TRUST 323 RAILROAD AVE TRUST 12599 E SILVER SPUR GREENWICH, CT 06836 1 SOUTH WACKER DR SCOTTSDALE, AZ 85259 SUITE 3600 CHICAGO, IL 60606-4614 CERISE JAMES M WALL CHARLES R WALL CHARLES R 790 CASTLE CREEK DR 777 CASTLE CREEK DR 777 CASTLE CREEK DR ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 WINCHESTER ROBERT P WEIMANN JOACHIM J & KOPF CAROL ANN & DONALD PO BOX 5000 RENATE F W SNOWMASS VILLAGE, CO 775 CEMETERY LN PO BOX 956 81615 ASPEN, CO 81611 ASPEN, CO 81612 ROWLANDS DONNA K REV ZANIN FAMILY INVST LLC HUDSON FRASHER ANN TRST 00308 MC SKIMMING RD 616 TEXAS ST P O BOX 8310 ASPEN, CO 81611 FORT WORTH, TX 76102 ASPEN, CO 81612 777 CLUB LLC ORE BUCKET ASSOCIATES CALLAHAN JOHN E & 777 CEMETARY LN CONNERY ROBERT T C/O CYNTHIA A - ASPEN, CO 81611 PO BOX 8749 750 CEMETERY LN DENVER, CO 80201 ASPEN, CO 81611 ROUSH G JAMES DRUEDING WILLIAM L & CARRIS SANDRA L TRUST AS TRUSTEE OF ROUSH TRUST THOMAS W TWO 2441 EVERGREEN POINT RD 735 CEMETERY LN #B PO BOX 966 BELLEVUE, WA 98004 ASPEN, CO 81611 ASPEN, CO 81612 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 77 7 /09#4 Â«rwo /dpen. co SCHEDULED PUBLIC HEARING DATE: A /72Â»Â« V , 200- STATE OF COLORADO ) ) SS. County of Pitkin ) I To c q â‚¬-19 / JI 1004% (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: e c Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting ofnotice: By posting of notice, which form was obtained from thF Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide; and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the , development application. The names and addresses of property owners sl,all be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners. and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision ofthis Title, or whenever the text ofthis Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Clo w Qji_=Â«/3-44 f The foregoing "Affidavit of Notice" was acknmwledged before me this 1;1- day of ~'30.,7 , 2001 by 09-Â·-â‚¬--6 h-rrdt' WITNESS MY HAND AND OFFICIAL SEAL My commissiol} expires: 4 ,2Â»1011, 5-Â» /239?934~ 5 ex Notary Public ,. i.. Opret, 14.4.j.LOV ATTACHMENTS: COPY OF THE PUBLICATION , HOTOGRAPH OF THE POSTED NOTICE (SIGN) PUBLIC NOTICE W RE: 777 AND 787 CASTLE CREEK DRIVE RESIDEN- OWNERS AND GOVERNMENTAL AGENCIES NOTICED TIAL DESIGN STANDARD VARIANCE TO CON- STRUCT A FENCE ' BY MAIL NOTICE IS HEREBY GIVEN that a public hearing Â·, will be held on May 18, 2004 at a meeting to begin at 4:30 P.M. before the Aspen Planning and Zon- 4 ing Commission, Sister Cities Room, City Hall, 130 S. Galena Street, to review an application submit- ted by Charles and Nancy Wall requesting appro- ~ val of a variance from the residential design ; standards to construct a six (6) foot tall wood , fence along the western property line and a 52- j inch tall iron fence along the properly line abut-: ting Castle Creek Drive at 777 and 787 Castlel Creek Drive. The subject property contains a du42 plex that is addressed 777 and 787 Castle CreekiE Drive and is legally described as Units A and B. 01~ the Castle Creek Driv. Townh~>Ines. . For further information contact James Undt at< the City of Aspen Community Development De- partment, 13() South Galena St., Aspen. CO (970) 920-5095. jamest@ciA'spen.co.us. s/Jasmine Tygre, Chal~ Aspen Planning and Zoning Commissio~ Published in The Aspen Times on May 1. 2004~ (1460) ..Rav68 - ........ L LOT \O, CASTLE CREEK SU BDI VISION - 42Â»444 El<14 ZE d< Ar -7-7-7-_ CASTLE CREEK DRIVE --CONEDOM=[N=1-1='-"c -fat) h j--4 ;17 -3 f\. ..1 .. (:4. SCALE 1 " = 20' 0 10 20 30 40 50 60 70 BO 90 100 ASPEN CITY COUNCIL APPROVAL OWNER'S CERTIFI C AT F THIS PLAT OF "777 CASTLE CREEK DRIVE CONDOMINIUMS" WAS APPROVED BY l AS (ALL) THE OWNERCS) OF THE "777 CASTLE '. 4% Â¢ 4\ THE CITY OF ASPEN, CITY COUNCIL ON THE DAY OF CREEK DRIVE CONDOMINIUMS" AS SUCH CONDOMINIUM IS DEFINED AND DESCRIBED ~h IN THE CONDOMINIUM DECLARATION FOR THE "777 CASTLE CREEK DRIVE CONDOMINIUMS" 19-, AS A SUBDIVISION EXCEPTION. '' ' yf Fil SIGNED THIS DAY OF 19-1 RECORDED IN BOOK AT PAGE THROUGH AND IN PLAT \J , M & 4 6 4) f ~ ' AT PAGE AND OF THE RECORDS OF THE PITKIN COUNTY CLERK AND RECORDER, COLORADO, HEREBY PUBLISH THIS PLAT OF THE Whip ATTEST BY CITY CLERK MAYOR "777 CASTLE CREEK DRIVE CONDOMINIUMS". y \00/ k 52 y ~* 214 ~ j De \ cr 47 4 NAME(S) 4-Ki .9 4 1 to 1. 4 /1~1 -j,, \4 *4 tact f . Se 4 STATE OF COLORADO ) )SS CE, - COUNTY OF PITKIN ) THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY W * f e jt qr - 4 OF , 19- , BY MY COMMISSION EXPIRFR' 44 47-04 0 201Â§y 00 6 WITNESS MY HAND AND OFFICtAL SEAL. ip *, CITY ENGINEER APPROVAL 6 4 CITY ENGINEER FOR THE CITY OF ASPEN, ~~ ~ ~ COLORADO, DO HEREBY APPROVE OF THIS PLAT OF "777 CASTLE CREEK DRIVE 9%54. CONDOMINIUMS" RECORDED IN THE OFFICE OF THE CLERK AND RECORDER NOTARY PUBLIC 1 TO BE 4 k OF PITKIN COUNTY, COLORADO. , 4 1 5.4 heol~E k 61.4- 9.4 - . ASP .4, 0 44 -94/1/6 (1 440 \ CITY ENGINEER / /4\4Â«\ DATE TITLE STATEMENT 92 l'Al Â·Â·Â·r- - r. DRIVEWAY 9 1% f , OT CONSTRUCTED D ..L - k ?*1#1 THE UNDERSIGNED, A DULY-AUTHORIZED REPRESENTATIVE OF A CORPORATE TITLE I \J- 0/ Â£/XY gwfc G f",\ '1 pl.J INSURER REGISTERED TO DO BUSINESS lN PITKIN COUNTY, COLORADO, DOES DANEWAY 'FULLEC> 41/---*7 - HEREBY CER,IFY, PURSUANT TO SECTION 24-7-1001 (j) OF THE ASPEN MUNICIPAL 4. \ CODE, THAT THE PERSONIS) LISTED AS OWNER(S} ON THIS PLAT DO HOLD FEE 0~eg 64%/A#MA:M'.FL).,Mrs CD\,ilij A RESPECTIVELY, ISSUED RY . THE TITLE INSURANCE COMMITMENTS N 0.'S , EFFECTIVE b S.. UCS Le,\ac , 9(05Â£' C Co~ ' SIMPLE TITLE TO ALL LIENS AND ENCUMBRANCES EXCEPT THOSE LISTED ON 0 81 ' (TITLE COMPANY), ALTHOUGH WE BELIEVE THE FACTS STATED PL NNING AND ZONING COMMISSION APPROVAL TITLE, NOR AN OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND IT IS V , ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS ABSTRACT OF O Z DRIVEWAY 0 -0 NOT CONSTRUCTED , THE LANNING AND ZONING COMMISSION FOR THE CITY OF UNDERSTOOD AND AGREED THAT 4 b ASPEN, COLORADO, DOES 0 3 . HE BY APPROVE OF THIS PLAT OF "777 CASTLE CREEK DRIVE CONDOMINIUMS" TO (TITLE COMPANY), NEITHER ASSUMES, NOR WILL BE CHARGED WITH A NY FINANCIAL 2 STORY WITH BASEMENT 8 ORDED IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, OBLIGATION OR LIABILITY WHATEVER ON ANY STATEMENT CONTAINED HEREIN. DUPLEX COLORADO, PURSUANT TO ACTION AT ITS MEETING OF PORCH WALL . , 19- PORCH NOT CONSTRUCTED ~ UNIT A B -9 NAME, TITLE .N / \ 3 PORCH WALL . . PLANNING AND ZONING CHAIRMAN WINDOW ~ ff IT LE COMPANY) o WELL 10 LCE 31.2' INDOW n r DATE Z DECK LCE - LCE ADDRESS H WELL 0.71 , 5. A i i w 1 GCE J i 01 R0 i . DECK LCE U U STATE OF COLORADO) U ISS A G C E 0' ~ ~ COUNTY OF PITKIN ) . W 9( (34 -~ THE TITLE STATEMENT HEREON WAS ACKNOWLEDGED BEFORE ME THIS DATE, - , 19- , BY AS ' 0 . (TITLE) OF 4 10 19 ~ - 2 (TITLE COMPANY), 41 -1 16 0 0 <,O 1 MY COMMISSION EXPIRES: (/1 / WITNESS MY HAND AND SEAL. 144.61') ,/ (76.82'1 4 (106.08'/ , Z PLANNING OFFICE APPROVAL ~ 0 0 0 - e S 76Â°26" W 160' WOOD FENCE - Cr THIS PLAT OF "777 CASTLE CREEK DRIVE CONDOMINIUMS" WAS APPROVED BY THE WOOD FENCE - CITY OF ASPEN PLANNING OFFICE ON THIS - DAY OF , 19-- NOTARY PUBLIC 0 1 LOT 11 PL ANNI NG DIRECTOR *'-I'-Al.:990teÂ·M p.lili '-Al- )7/â‚¬~ I ' Hoe:rzoNTAgUOU FEAte' -/ L: 0 3, - -4 IRON FEN CE, LEGEND IWORTGAGEE'S CERTIFICATEE 2 . FOUND 5/8" STEEL ROD PROPERTY CORNER MONUMENT. m SET 5/8" STEEL ROD PROPERTY CORNER MONUMENT WITH PLASTIC CAP THE UNDERSIGNED, BEING ALL THE MORTGAGEES OF THE CONDOMI NIUM, HEREBY CONSENT e MARKED "BUETTNER 13 I 66" (8/9/90) CREEK DRIVE CONDOMINIUMS. GCE GENERAL COMMON ELEMENT CLERK AND RECORDER ACCEPTANCE AND APPROVE OF THE MAKING AND RECORDING OF THIS PLAT OF THE "777 CASTLE , 4.--1 SURVEYOR'S CERTIFICATE LCE LIMITED COMMON ELEMENT 1, LOUIS H. BUETTNER HEREBY CERTIFY THAT IN AUGUST, 1990, AND FERUARY, 1993, THIS PLAT OF THE "777 CASTLE CREEK DRIVE CONDOMINIUMS" WAS ACCEPTED FOR SURVEYS WERE PERFORMED UNDER MY SUPERVISION OF "777 CASTLE CEEK DRIVE FILING IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN, MORTGAGEE OF (NAME) 94 CONDOMINIUMS, AS SHOWN HEREON. STATE OF COLORADO, AT O'CLOCK - .M., THIS - DAY OF ~\ , 19-, AND RECORDED IN PLAT BOOK AT de--- ' PAGE AND , RECEPTION NO. BY; NAME 8 TITLE ~ CZE7- 0-CRA4 5,4 Â£43"U~v.3-- LOUIS H. BUETTNER LS 13166 07 3 50 Â¢EA.ce:, ' ti (993 ' CLERK AND RECORDER \ PITKIN COUNTY, COLORADO A.' RETAIN FOR PERMANENT RECO~) LOUIS H. BUETTNER SURVEYING ~ NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION 0040 WEST SOPRIS CREEK ROAD ~ BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU BASALT, COLORADO 01621 FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON SOS-9.-3.11 - . ANY DE UCT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM ~ . THE DA~F THE CERTIFICATION SHOWN HEREON. SHEET 1 OF 2 : :f~ 0 . - - EDGE OF ASPHALT PAVIN CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for PaYment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and ----r-v- P, a Ab' e-s 2,4/ 91;1*c~ L . \Al)/4 LL (hereinafter APPLICANT) AGREE AS FOLLOWS: he i q ht u, cu'jawle.00 of Pei icÂ¢ APPLICANT*has submitted to CITy an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payrnent of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that+ because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest o f the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. -' APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5, Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ ~O FEL which is for hours of Community Development staff time, and if actual recorde costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLT T By: Julie Ann Woods h ( 4.47 7 Community Development Director Date: / I /04- Billing Address and Telephone Number: Required 7 '777 (_/En-E- CleELhat AspÂ« G eiwi g:\support\forms\agrpayas.doc 9 70 -9 26 -24\1- 6/05/03 RETAIN FOR PERMANENT RECORD ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: N CinCM >-14 11 Location: 913 Vic-.R C ree 4 Dr, Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed: Number ofbedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: , Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Existing non-conformities or encroachments: Variations requested: LOC (102 requel firlq (1 0 ' hiqh horir.or-1-16/ wood 001(LE Ahol- 1-0 Â¢Qnlf tf./ Li l.0/'If' AriC D->2 Are 0 10 rec\02-St' nq A-11Â£ rernat nder 0 1 +he 4 let wh,1 01 let I l be loon b be 42* +Oll RETAIN FOR PERMANENT RECORD PUBLIC NOTICE RE: 777 AND 787 CASTLE CREEK DRIVE RESIDENTIAL DESIGN STANDARD VARIANCE TO CONSTRUCT A FENCE NOTICE IS HEREBY GIVEN that a public hearing will be held on May 18,2004 at a meeting to begin at 4:30 P.M. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena Street, to review an application submitted by Charles and Nancy Wall requesting approval of a variance from the residential design standards to construct a six (6) foot tall wood fence along the western property line and a 52 14 inch tall iron fence along the property line abutting Castle Creek Drive at 777 and 787 Castle Creek Drive. The subject property contains a duplex that is addressed 777 and 787 Castle Creek Drive and is legally described as Units A and B, of the Castle Creek Drive Townhomes. For further information contact James Lindt at the City of Aspen Community Development Department, 130 South Galena St., Aspen, CO (970) 920- 5095. jamesl@ci.aspen.co.us. S/Jasmine Tygre, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on May 1,2004 City of Aspen Account MEMORANDUM TO: Plans were routed to those departments checked-off below: O........... City Engineer O......... Community Development Engineer O......... Police Department ........... Zoning Officer ........... Housing Authority ........... Parks Department ........... Aspen Fire Marshal ........... City Water ........... Aspen Consolidated Sanitation District ........... Building Department ........... Environmental Health ........... Electric Department ........... Holy Cross Electric ........... City Attorney ........... Streets Department ........... Historic Preservation Officer ........... Pitkin County Planning .........DRC FROM: James Lindt, Planner Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone-920.5095 Fax-920.5439 RE: 777 Castle Creek Drive DRAC Variance- Fence Parcel ID #2735-122-34-001 DATE: 4/20/04 COMMENTS: Brian, Please review the attached application for a DRAC variance to construct a fence of greater than 42" tall in front of the front fagade of the duplex at 777 Castle Creek Drive. Please note that the Applicant is proposing to construct the iron portion of the fence behind the mature trees along Castle Creek Drive. Comments about how far the fence posts should be from the tree trunks and whether the Applicant needs to hand excavate post holes around the tree roots would be appreciated. DRC Meeting: No DRC Meeting Comments Due: April 28,2004 Thank You, James Lindt 000000000000Â®00 .. 13. flik41'44 4 .0212.JitÂ«.2 -ca.,22. <.10.,-~ . . U p Q:*40. - *Â·. ''4,9~~~~~<&1~ ~ifi,plf~13Â·ty,Â¢> ,$ <4~;-j?~*.fti w $'6~23..,AL.keÂ»Â·,Â·,p:,~ -Â·i#c-Â· r 24*~~filtÂ£4: 1 #**41244%'3 024 ... , *dri.,P)*541Â£- , &.'I/,lk 4 1 . - I . -,1, ,24-1:. . 1 -4. --nr >:>4'41~8'...r:,2~74i;K~ -' E -97, '* P .- * .- - I *1..... -*24.6 â€¢Wi'fhAbf jAd jirr:r>Â» - 747 -i ...6'4*&.i>:903Â¢ I , 4,4, ..... ./*I f~ ar. **.:1.ti?kÂ« PONE*106Â· Nk--497 Zrt#ya,10 iNal"gArf; .t,~~ , ., l'Ur.>4 - .*ti'./'iejd*j4FC<Uâ€¢41 , r.Â·lt~ttlk~,9,1~~6,-494 <Bre"â‚¬- A V. 12.h Â»2'* 1*blÂ·,&-. . t J . t. 1,â‚¬5 rg~+At~94\ 20' 61 Â¢~ - f \ 2,Â·40 ZAY#*9 - e.7.... 1 ".. .... 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I u - 1~ ~ ..1.6,4jiÂ·Â· ..:.Â¥ A~,4,* 1 6 U 04. -- r 4, 44Â¥ b.4 ' I â‚¬ ~,fÂ» Ar, .4 , 64*~4 v A. hi. W ..,- 144 1 4 3=b.-:4 :tg.:94%1 %7 k.. c f - : V.. .f a Ed 49:%414* Â·* 24)1Â£4*ar ./ 1 a,0. ; â‚¬* 7, ' 6 - - 9 ' '41 . . t : . >04''P. 3.277. '34*?1 . 4 . p Kt, 1 ..d 1 * . ~ ..96, i ... " 6 , , It" 1/ . .F -. .j .4 - 39 4:r 11=k' , 4X y '..":9.-V , ....7.6 130 S. Galena St. Aspen CO 81611 Aspen Community (970) 920-5090 (970) 920-5439, fax Development Department 3X To: Nancy Wall From: James Lindt Fax: 429-0242 Pages: Phone: Date: 4/30/04 Re: Allowed 6' Tall Fence Location CC: C] Urgent C] For Review [3 Please Comment C] Please Reply [3 Please Recycle â€¢ Comments: Hi Nancy, The following plan identifies the location where a fence of over 42 inches (but not more than 6 feet) can be built on your property without obtaining a variance from the residential design standards. The dashed line on the plan indicates the above described fence area. Please let me know if you have any questions about the area or if you can't identify the dashed line on the plan. Thanks, James . .../.I-yp~-r-P... 1--~-~-1---9.----~ - .-. ---VÂ»-9- --- .-V t . Â©27 +29 -02+1 Czpkna i C (U\/ 0642:j â‚¬ a#G ra Â«444 3 fnv-le:-5- i - 6 i \AL<zÂ·~ te~ -ill E Ue:VISED Filc~ZAL Gr V A WAO toGE i FiEQu ES-K- M r.7 r.1 7 i C-APFK-En CLe.-e:e:Â¥1-7) 9\V E (34 1-1292% 7'MAWLY \KIALL /94Â«.404Â£+ !i