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Home My WebLink AboutLand Use Case.1300 Mountain View Dr.0016-2004.ASLUCity o f Aspen Community Development Dept. CASE NUMBER 0016.2004.ASLU PARCEL ID# 2735-01-3-08-004 CASE NAME Design Review Appeal PROJECT ADDRESS 1300 Mountain View Dr PLANNER Scott Woodford CASE DESCRIPTION Design Review Appeal REPRESENTATIVE JOHN C EMERICK DATE OF FINAL ACTION 06/02/04 CITY COUNCIL ACTION PZ ACTION Reso 18-2004 ADMIN ACTION Development Order BOA ACTION DATE CLOSED 07/26/04 BY D DRISCOLL - RESOLUTION NO. 11 (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A VARIANCE TO THE RESIDENTIAL DESIGN STANDARD REQUIRING THAT THE FRONT FA<JADE OF A GARAGE BE SETBACK AT LEAST 10' FURTHER FROM THE STREET THAN THE FRONT-MOST WALL OF THE HOUSE FOR THE RESIDENCE LOCATED AT 1300 MOUNTAIN VIEW DRIVE, LOT 7, BLOCK 1, MEADOW SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-0130-8004 WHEREAS, the Community Development Department received an application from the applicant, John Emerick, requesting a Variance to the Residential Design Standard requiring that the front fagade of a garage be setback at least 10' further from the street than the front-most wall of the house; and, WHEREAS, upon initial review of the application and the applicable Land Use Code standards in Section 26.410.040 of the Aspen Municipal Code, the Community Development Department recommended denial of the Variance to the Residential Design Standards; however, the applicant subsequently revised the plan, shifting the proposed garage from the front o f the house to the west side of the house to a point setback 6.9 feet farther from the street than the front faQade of the house, which caused staff to change its recommendation to approval because the variance was now in compliance with Criteria 2 of Section 26.410.020 ofthe Aspen Municipal Code; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards; and. WIIEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safely. and welfare; and, WHEREAS, the City of Aspen Planning and Zoning Commission, at a public meeting on June 1, 2004, approved Resolution No. 1.& Series of 2004, by a vote of five to zero (5 - 0), to approve the Variance to the Residential Design Standards allowing the front favade of a garage be setback 6.9 feet further from the street than the front-most wall of the house; and. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 1St DAY OF JUNE 2004, THAT: t Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Lot 7, Block 1, Meadow Subdivision, Parcel Identification of 2735-0130-8004, is approved for a Variance to the Residential Design Standard allowing the front 1*ade of the garage to be setback 6.9 feet further from the street than the front-most wall of the house. Section 2: All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission are hereby incorporated in such plan 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 effect 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 Commission at its regular meeting on June 1,2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian. Deputy City Cle f 4 DEVELOPMENT ORDER Of the 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: John Emerick, 1300 Mountain View Drive, Aspen, CO, 81611,925-4281 Property Owner's Name, Mailing Address and telephone number Lot 7, Block 1, Meadow Subdivision, 1300 Mountain View Drive, Aspen, Co. Legal Description and Street Address of Subject Property Variance to the Residential Desien Standards to have a garage setback 6.9 feet further from the street than the front-most faÂ¢ade of the house (as opposed to the required 10 feet). Written Description of the Site Specific Plan and/or Attachment Describing Plan Resolution No. 18-2004, Approved on 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 of approval.) June 12. 2007 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.) nd Issued this 2 day of June 2004, by the City of Aspen Community Dev~to~ment DirectorRI~ Julie~n Woods, Community Development Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of 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: Lot 7, Block 1, Meadow Subdivision, 1300 Mountain View Drive, Aspen, Co., by Resolution ofthe Aspen City Council, numbered 18. For further information contact Scott Woodford at the Aspen/Pitkin Community Development Dept. located at 130 S. Galena St, Aspen, Colorado (970) 920-5102. s/City oi Aspen Account Published in The Aspen Times on June 12, 2004 Ize. MEMORANDUM TO: The Aspen Planning & Zoning Commission UAA THRU: Joyce Allgaier, Deputy Director of Community Development FROM: Scott Woodford, City PlanneEK' RE: 1300 MouNTAIN V]EW DRIVE, VARIANCE To RESIDENTIAL DESIGN STANDARDS, RESOLUTION NO. Ii, SERIES 2004 DATE: June 1,2004 * ....1 1 4 1. 11 Photo ofthe subject â€ž , property taken from ... . . .,- ----~1 - 9~1 r.,4 . Mountain View Drive. 4 r /0 , i The applicant requests a variance to construct a 1 1. T . f - . I. Â·Â·Â· . one car garage (in addition to a second 1 -1 94, .bi.4< 2 story addition for which 2~r?*21:J<Mit he doesn't need a variance) in front of . . I - . . . . house, to the left of the I I , 1... front door. 9.. e . .1./. I ' 21'' .....yr'; , pUBLW Nonee~ I bÂ¥-,f ,Â¥ 7% M:': illig 3,1 '4243.9% 3~"I:. omr,; .. Â·/~ ruM. 4. PROJECT: 1300 MOUNTAIN VIEW DRIVE REQUEST SUMMARY: Variance to the Residential Design Standard that requires the front fag(le of a garage to be setback at least 10' further from the street than the front-most wall of the house for garages that do not have access from an alley or private road. ADDRESS: 1300 Mountain View Drive, Lot 7, Block 1, Meadow Subdivision APPLICANT: John C. Emerick STAFF DENIAL OF THE VARIANCE TO THE RESIDENTIAL DESIGN RECOMMENDATION: STANDARDS 1300 Mot JNTAIN VIEW DRIVE STAFF REPORT PAGE 1 REQUEST SUMMARY: The applicant, John Emerick, has submitted an application requesting a variance from the Residential Design Standards for an addition he is planning to his existing house. The current house is a one story. 1,700 square feet ranch style residence, which he proposes to expand to 2,400 sq. ft.. Mr. Emerick has an approved building permit for the renovation, which includes the addition of a second story and a one car garage extending out from the front of the house, for which he is requesting a variance. REVIEW PROCESS: The applicant requests the following land use approval for the proposal described above: 1.) Residential Design Standards Variance; According to Section 26.410.020, variances to the Residential Design Standards may be granted by the Planning and Zoning Commission, Board of Adjustment or the Historic Preservation Commission; In this case, the staff believes that the Planning and Zoning Commission is best suited to review the variance requests of this nature. Final Review Authority: Planning and Zoning Commission. BACKGROUND/EXISTING CONDITIONS: According to the building permit files, the house was constructed in 1959. PREVIOUS ACTIONS ON THIS LOT: There has been no previous land use actions on this lot. ~TAFF COMMENTS: RESIDENTIAL DESIGN STANDARDS: The Residential Design Standard from which the applicant is requesting a variance is from Section 2.410.040 (2) (b), specifically described below: PARKING, GARAGES, AND CARPORTS. For all residential uses that do not have access from an alley or private road, the following standards shall be met (only the applicable standards is shown below - standards a. and c-e not shown): b. The front fagade of the garage or the -1 1 front most supporting column of a car- port shall be setback at least ten feet (10'0") further from the street than the i Imnnmmum}kill i front most wall of the house. 9.111 === 1 4--TÂ«//El ! \ 4- x -Â» j x. S'Â« 1300 MOUNTAIN VIEW DRIVE STAFF REPORT PAGE 2 REVIEW CRITERIA: According to Section 26.410.020 of the Land Use Code, an applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance, if granted, would: 1. Provide an appropriate design or pattern o f development considering the context in which the development is proposed and the purpose of the particular standard. Iii 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, 2. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. STAFF POSITION: Based on the above review criteria, staff finds the request not ill compliance with criteria #l or criteria #2 (See Staff Findings in Exhibit A for a full explanation of compliance with the above criteria). 8TAFF SUMMARY AND RECOMMENDATION: Staff recommends denial of the Variance to the Residential Design Standards requiring the front faGade of a garage to be setback at least 10' further from the street than the front- most wall of the house at 1300 Mountain View Drive, Lot 7, Block 1, Meadow Subdivision. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): "I move to approve Resolution No. /3, Series of 2004, for a Variance to the Residential Design Standards requiring the front fagade of a garage to be setback at least 10' further from the street than the front-most wall of the house at 1300 Mountain View Drive, Lot 7, Block 1. Meadow Subdivision." ATTACHMENTS: Exhibit A: Residential Design Standards - Staff Findings Exhibit B: Application with Building Elevations and Site Plan 1300 MOUNTAIN VIEW DRIVE STAFF REPORT PAGE 3 RESOLUTION 30. ~ , (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A VARIANCE TO THE RESIDENTIAL DESIGN STANDARD REQUIRING THAT THE FRONT FACADE OF A GARAGE BE SETBACK AT LEAST 10' FURTHER FROM THE STREET THAN THE FRONT-MOST WALL OF THE HOUSE FOR THE RESIDENCE LOCATED AT 1300 MOUNTAIN VIEW DRIVE, LOT 7, BLOCK 1, MEADOW SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-0130-8004 WHEREAS, the Community Development Department received an application from the applicant, John Emerick, requesting a Variance to the Residential Design Standard requiring that the front faGa(le of a garage be setback at least 10' further from the street than the front-most wall of the house; and, WHEREAS, upon review of the application and the applicable Land Use Code standards iii Section 26.410.040 of the Aspen Municipal Code, the Community Development Department recommended approval of the Variance to the Residential Design Standard requiring that the front fa~ade of a garage be setback at least 10' further from the street than the front-most wall of the house and is in compliance with Criteria 1 or 2 of Section 26.410.020 of the Aspen Municipal Code; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety. and welfare; and. WHEREAS, the City of Aspen Planning and Zoning Commission, at a public meeting on June 1, 2004. approved Resolution No. _, Series of 2004, by a vote of to ___ (_ - _), to approve the Variance to the Residential Design Standards requiring that the front fagade of a garage be setback at least 10' further from the street than the front-most wall ofthe house; and, NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE Ist DAY OF JUNE 2004, THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Lot 7. Block 1, Meadow Subdivision, Parcel Identification of 2735-0130-8004, is approved 1300 MOUNTAIN VIEW DRIVE STAFF REPORT PAGE 4 for a Variance to the Residential Design Standard requiring that the front fagade of a garage be setback at least 10' further from the street than the front-most wall of the house. Section 2: All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission are hereby incorporated in such plan 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 effect 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: lf any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent j urisdiction, 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 Commission at its regular meeting on June 1, 2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk 1300 MOUNTAIN VIEW DRIVE STAFF REPORT PAGE 5 EXHIBIT A RESIDENTIAL DESIGN STANDARDS 26.410.020 Purpose. Variances from the Residential Design Standards, Section 26.410.040, may be granted by the Planning and Zoning Commission, the Board of Adjustment or the Historic Preservation Commission, if the project is subject to the requirements of Section 26.415. An applicant who desires to consolidate other requisite land use reviews by the Historic Preservation Commission, the Board of Adjustment or the Planning and Zoning Commission may elect to have the variance application decided by the board or commission reviewing the other land use application. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance. if granted, would (Note: compliance with only one of the two criteria below is required): (1) Provide an appropriate design or pattern of development considering the context in which the development is proposed and the 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, STAFFFINDING: DOES IT COMPLY? NO While staff finds that the exception would provide an appropriate "design or pattern of development" considering the context of its neighborhood, we don't feel that it is warranted considering "the purpose of the particular standard". The predominate context of the Cemetery Lane neighborhood is of one-story. ranch style, single-family homes constructed in the 1960's and 1970's. Interspersed are a smattering of newer homes demonstrating a variety of architectural styles constructed on the sites where the original ranch style house was "scraped-off'. Because of a lack of alleyways in the area, most of the houses have garages accessed from the street with the garages typically located either flush with the front faQade or five to ten feet in front. The immediate context of homes located along Mountain View Drive demonstrates the same characteristics. However. staff believes that, even though there is this existing pattern of development, it is in opposition to the purpose of the garage standard, which is to minimize the presence of garages as a "lifMess part of the streetscape." Because the garage could technically be constructed on the subject site to comply with the standard (or at least come into closer compliance with the standard) and because the above criteria requires consideration of the "purpose of the particular standard" in addition to whether the variance provides "an appropriate design or pattern of development considering the context in which the development is proposed," staff cannot recommend approval. (2) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. 1300 MOUNTAIN VIEW DRIVE STAFF REPORT PAGE 6 STAFF FINDING: DOES IT COMPLY? No Staff does not find any unusual site-specific constraints that would prevent the applicant from complying with the requirement to have the garage setback at least ten feet from the front fagade. The photo below shows that the garage could be located next to the existing house, although fill and a possible retaining wall would be necessary to accommodate it. 0 '449? 45 4 042>'RK. : - ..Â· V 4 * I i.... 19 474~aÂ·, .t , 15,7~ 1 , illiwililimillillillilillillillillek' 31 ."9---4 14. 1300 MOUNTAIN VIEW DRIVE S'I-AFF REPORT PA(iii 7 f.l RECEIVED MAY 1 7 2004 PUBLIC NOTICE Ast'tN RE: 1300 MOUNTAIN VIEW DRIVE BUILDING DEPARTMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, 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 St., Aspen, to consider an application submitted by John C. Emerick requesting a Variance to the Residential Design Standards requiring the front fagade of a garage to be setback at least 10' further from the street than the front-most wall of the house. The subject property is located at 1300 Mountain View Drive. For further information, contact Scott Woodford at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102, (or by email at scottw@ci.aspen.co.us). s/Jasmine Tygre, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on May 1,2004 City o f Aspen Account S. 1/4 109 SULE Wtfti - clgA*'41-k Â£>Au, U m.,ea-Â«1- , 66â€¢-Â£-0 f goo -1*Ke.0~46&_â€¢ LN-*4-* . C7. D , Â£.; Ag.LIC 6)094 140 0 3 . / Jo\,4 0 E_V elzx 24_ 923-- 4 2-2 J ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~..300 ktho*(flltri h.1 C, )1; l.dpen, co SCHEDULED PUBLIC HEARING DATE: , 200 STATE OF COLORADO ) County of Pitkin ) I, 1- - < 07 I, l { 40 <2: ~/ 1 \ 40~ -f- (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: . ~ 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 of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, .Â·' 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 f less than one inch in height. Said notice was posted at least fifteep (15) days : prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time Jf 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 miled 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 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 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. Sj~ature 9 The foregoing "Affidavit of Notice" was acknowledged before me this Z~ day of d* , 200-* by .6 Ar- WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 4 /.24 <Â» 4732X NoGy Public .Â·Â·Â·ffA . 0 f SARAH W i OATES 0 24 ... . Nii< 84..8.6.0 ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 22252-Jit~ ~1 NOTICE IS HEREBY GIVEN that a public hearing ~ will be held on Tuesday, May 18,2004 at a meet- , ing to begin at 4:30 p.m. before the Aspen Pian, ning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by John C. Emeriek re-. questing a Variance to the Residential Design Standards requiring the front lagade of a garag, to be setback at least lof further from the street than the front-most wall of the house. The sub; ject property is located at 1300 Mountain Viewi Drive. For further information, con(act Scott Woodford at the City of Aspen Community Development De partment, 130 S. Galena St., AÂ· pen, CO (970) 920- 5102, (or by einail at scottw@ci.aspen.co.us). s/.lasmine Tygre. Chair ~~ Aspen Planning and Zoning Commission IPublished in The Aspen Times on May 1,2004, ~1462) ......29.4 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: / jex) Hac,0 Mik, l-,)IR 7 /14-lvE- , Aspen, CO SCHEDULED PUBLIC HEARING DATE: PlAy A , 200*~_ STATE OF COLORADO ) ) SS. County of Pitkin ) I, 1104 0 8.- ENEK, A (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 26.3 04.060 (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. X Posting of notice: 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 o f letters not less than one inch in height. Said notice was posted at least fifteen~5) days prigr to the public hearing and was continuously visible from the / day of M 4-Y , 2006<_,to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Y Mailing ofnotice. 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 o f 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 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 o f 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 o f 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/11**esyhours for fifteen (15) days prior to the public hearing on such arne#1*0*.1 / 1 1 3 /1 'L, *gnature The foregoing "Affidavit of Notice" wag/acknowledged before me this) ~ dal of 1 1-ld'-7 . 200.N, by (50)-rA <55- - EL 1.nor)Â¢54 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 't'~ ~ jfk;1:PY PID~*L _-2-/ - ti k ye Notary Public ; 14 E SARAH i ~ Â£ OATES ....; O,# Ne .............yy ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL Â¥r- .*49,-~.TJ--i~ iN 1 ''.. ..1 k " 7'. 2 14 3â‚¬4 4 : h,=.-1 Lrf ' . . 4 * 1 . Â· 24Â·. 1 44 4 0..1 1 le 2'w,:15 :-1. 479 , .... . , ,..1 f..4 :' T , 1, 1 1 1 4:Â·{ 44*11.- T â€¢Â·"4'Â· :441Â·,t,44, JB//~ -*4<4*9. . - . *34 .ate/Mill *r . -34 . 1 44 4 4/ 420* .: . ' s.- 1-aÂ¢444' ;*6~ â€¢.1. ..1,2 L 1, 1 , rd}11 ...0.1 .1, 1 -lb:" /4 r â€¢.4 Â· :44,1 1 ':a/*71-Â·4;fÂ»d' i ' 4 61 ..... 1 Q " 14* "P,~h, .+ . ' A. f. . i. 1 ALLEN RONALD & CARROL A BEALS ROBERT BECK PAUL & GLENNIS FAMILY LP PO BOX 1970 606 SPRING ST 2928 SNOWMASS CREEK RD LAKE OSWEGO, OR 97035 MACON, GA 31201 SNOWMASS, CO 81654 BEKKEDAHL KENNETH A CARTER THOMAS L JR & EUGENIA G CHRISTENSEN ROBERT M & CANDICE L 1278 SNOWBUNNY LN 2221 RIVER OAKS BLVD 1240 MOUNTAIN VIEW DR ASPEN, CO 81611 HOUSTON, TX 77019 ASPEN, CO 81611 DEBOER LYNN & SKYLER DESENBERG KAREN L DRAPER SHEILA S 1325 MOUNTAIN VIEW DR 1355 MOUNTAIN VIEW DR PO BOX 1298 ASPEN, CO 81611-1029 ASPEN, CO 81611 ST JOHN, VI 00831 ELKINS JOHN R EMERICK JOHN C ERDMAN CINDAW & DONNELLEY 300 PUPPY SMITH ST 203 1300 MOUNTAIN VIEW DR P O BOX 12387 PMB#302 ASPEN, CO 81611-1030 ASPEN, CO 81612 ASPEN, CO 81611 ERSOFF BRETT I REV TRST FERRY WILLIAM J JR FITZPATRICK JAMES & ELVA E 5 MAGNOLIA DR PO BOX 1298 1285 MTN VIEW DR PURCHASE, NY 10577 ST JOHN, VI 00831 ASPEN, CO 81611 FREY FAM PTRSHP LTD 75% FYRWALD ERNST R REV TRST 50% KEAN-HINES KAREN 424 S SPRING ST 1265 MOUNTAIN VIEW DR 500 CR 102 ASPEN, CO 81611 ASPEN, CO 81611 CARBONDALE, CO 81623 LICHTENWALTER DAYLENE G & GARY R LIZOTTE JEFFREYW & DIANA I MAPLE MICHAEL C & JULIE 1265 RED BUTTE DR 1345 SAGE CT 1250 MTN VIEW DR ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 MELVILLE RALPH P & MARIAN H MESSIAH EVANGELICAL LUTHERAN OAKES JOHN M & BETTY O MELVILLE GRAIG W & TERESA M LEE- CHURCH 1245 MTN VIEW DR 1286 SNOWBUNNY LN 1235 MTN VIEW DR ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 PITKIN EXCHANGE HOLDINGS OF OBRIEN MERLE JABLIN & THOMAS R PORTER JOE ALLEN & MARGARET A ASPEN LLC 745 CEMETERY LN 1270 SNOWBUNNY LN 601 E HOPKINS 3RD FL ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 RED BUTTE 1235 LLC RED BUTTE CEMETERY REESE JOHN W & BEVERLY PO BOX 296 PO BOX 194 1340 SNOWBUNNY LN WOODY CREEK, CO 81656 ASPEN, CO 81611 ASPEN, CO 81611 RENO AUGUST & KIMBERLY SHAW RICHARD W & SARAH C STAPLETON SIGRID J 1340 MOUNTAIN VIEW DR 1220 MOUNTAIN VIEW DR 1350 MOUNTAIN VIEW DR ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ZIMET MILLARD & SUSAN ZORDEL HELEN P 1315 MTN VIEW DR PO BOX 615 ASPEN, CO 81611 ASPEN, CO 81612 ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: Name: Cle)WA) C' ./ E )11 c=Ri C t<r 7 \ Location: j-&00 MG,Ati-AL \,jitut,\12_.kpe,j(-.Mr / I lÂ®ock t,l(*i- Mem.of.,bitilttoekl (Indicate street address, lot & blobk namber, legal des'cription wh'ere appropriate) Parcel ID # (REQUIRED) 19'4 9- 0 / 6 0 9 Jog REPRESENTATIVE: A E Name: . jo,-/'0 l j J _f, 1.t Ege/Cic h E Address: 2300 ilk(Jil/Off,/A, 9,â‚¬6Â© 119Â·. j~<CPFU. (/0 21 0// t Phone #: PROJECT: Name: \jel,/A.} ~ , Eitizi---O C '41- Address: (30(3 Â£11 nic Artabj lj,Â©to ANC'c- Phone #: 72.4- -4 2_ B I TYPE OF APPLICATION: (please'check all that apply): U Conditional Use D Conceptual PUD U Conceptual Historic Devt. ~ Special Review E Final PUD (& PUD .Amendment) U Final Historic Development Design Review Appeal U Conceptual SPA D Minor Historic Devt. E GMOS Allotment ~ Final SPA (& SPA Amendment) , U Historic Demolition D GMQS Exemption U Subdivision U Historic Designation E ESA - 8040 Greenline, Stream U Subdivision Exemption (includes ~1 Small Lodge Conversion,/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane U Lot Split E Temporary Use D Other: 2 Lot Line Adjustment U Text/Map Amendment = EXISTING CONDITIONS: (description of existing buildings, uses, previous apprpvals, etc.) 9,4/2.-der--9 r-01Â«09 -&19/â‚¬ 112Â·Lice ; Tk-(Â£'4(1*Lit AstÂ©'41 ed f #pbki h 0/A 4% 1. - ' E>(/ 5.1/4.1 1,3 +C/g/,01 f#Linit '(/tibi 2.z-â‚¬)3, r:arâ‚¬) fltz- 601Â·il<94) / /41 i ar.4 ' 1 [70'U PROPOSAL: (description ofproposed buildings, uses, modifications. etc.) Clt Al,cue: 94Â£ 1 Â°Yacti ftÂ»- oliax),5 â‚¬ 21- 'Â· 4419#Al-\ A.j/L wIt 7%[2114 49- ct 'st-Â£92 1-39 i:;17/(d dri~cÂ£,LI~ ctrbÂ« 24*L4 fÂ»f-"~ Have y*u attached the following? FEES DUE: S ~ 3/0 D Pre-Application Conference Summary Q Attachment #1, Signed Fee Agreement G Response to Attachment #3, Dimensional Requirements Form * E 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. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: ~31,4,11 14-0&69 4(70/f 1%00 11't/mi 74; th ez-c:)-4 Applicant: *10*44 d i A-tike--721 /1,44 4 Location: { 3&27 Allit.,1 tcdt. 1,46,:,u AiL-~. jtÂ·gp-Â·a,L %-l(>,ti Zone District: -*ta,~ 7 -19 Lot Size: tic 317; set Ft' Lot Area: s; 1 W[â‚¬. (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: ~1 4 \ Proposed: Number of residential units: Existing.- / ' Proposed: i Number ofbedrooms: Existing: 20 Proposed: 12. Proposed % of demolition (Historic properties only): /9/~- DIMENSIONS: 1Â¥00 .3 Floor Area: Existing: *~ 4-Allowable: 45-ROftÂ·Proposed: 2102-it 1 if Principal bldg. height: Existing: il '11" Allowable: 2-5 ' Proposed: -2--1- 4 Access. bldg. height: Existing: N< A-Afowable: Proposed: On-Site parking: Existing: / BOONRequired: Proposed: i l St' ~ % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: \ 1 Front Setback: Existing: 67,9 Required: 29 M/AJ. Proposed: 41.5 4/ . Rear Setback: Existing: 77-27 "Required: 25 *1/41 Proposed: 72.7 Combined IF/R: Existing: Required: Proposed: / 3 r Side Setback. Existing: 2-2,5 Required: 6.1 #M OU Proposed: 20 A Side Setback: Existing: 20,1 Required: & 1/WJ proposed: 2-G â€¢2- Combined Sides: Existing: Required: Proposed: Existing non-conformities or encroachments: A)OAJE . Vabatiora requested: Alloto EliA)4*{43 --Sgt# 5/A,u, /9 -,(122- <:-9Â£:tttl,2 'fllowl~- - 1-0 pm)Fet a y fic>i/,116(11(c~ { i 4301-- 40 -}A.t,q ~2.019-- t) 110;192- TO: Community Development Department, City o f Aspen Re: Design Review Appeal, 1300 Mountain View Drive This application seeks a variance from the City of Aspen Land Use Code, Section 26- 410, relating to requirements for attached garages in single family residences. I am presently renovating my residence and have an existing building permit to add a second story addition (Permit No. 1185.2003.asr3). I would like to modify my renovation plans to extend the front of my garage beyond the front of the house. I don't believe that a side- entry garage is feasible, given the placement of the house on the lot. The garage would remain a single car garage, with the proposed extension limited to a single-story height. The front o f the garage (not including a 2- foot roo f overhang) would extend approximately 11 feet beyond the front o f the house, as shown in the accompanying drawings, and will increase the square footage o f the house by approximately 140 square feet. I believe the variance should be allowed for the following reasons: 1. The scale of the house, even after the renovation, is relatively small, and there will be over 2000 square feet o f available FAR remaining after renovation. 2. The garage extension represents a relatively small increase the footprint of the house. 3. The existing setback ofthe house is about 51.9 feet, and even with the garage extension will still be about 43.5 feet, and the side setback will be approximately 21 feet. 4. Given the low roofpitch (3:12), the front profile of the garage is modest and consistent with most o f the other houses in the neighborhood, and given the generous setback, the overall extension would be visually unobtrusive. 5. Several other houses in the neighborhood, including two within close proximity, possess garages that extend a significant distance beyond the front of the house (see accompanying photographs). I can be reached at 925-4281 (voice), 544-1957 (fax), or by e-mail at iemerick@sopris.netâ€ž~f additional information is needed. si~~~___ <Ionn L. tmencK Owner-Builder 1300 Mountain View Drive Aspen, CO 81611 Aspen Street Map 2 Z 0 9 Location of 1300 Mountain View Dr. 24 0 0 4 1 Stage Rd \8% - MNS]-Hollt % g a 1 9 0, . \ C \- Â¢ I stoke Dr At nta ew Dr f f 1 \-ts Snowbunny Ln *4 CottoAood Cir $. D /6 02 0< C j-ny cr 4 4, 14. 1~ .... 2 4 4, 9% o S,-erT80 e 44. 9 tÂ· Cemel -2 e i 4 4444 Aspen 4 Â® GaH Course O Tent i E Music â‚¬ I te O Â·F ye 0 0 O Â® 0 0 94/ 0 :- T *No Gillespt J - -0 0 -2 + 4 9 Aspen - ~ 470 mit. m.0, 1 4 2 82 National I Fore,1 1= 0 84 er Maroon Creek Ad E/,m -72 *Ln U 3 4 Sch=l *43/Â¥ 2 n % C;L 5 2 + Aspen 1 3% Â£226; n.4 1,9, e r n-ck Kilift ~ Middl. . 4 & Schoo .4.0 1 - 11 4 Ome Ck 04 07 ~ 2 - =*11 1/ 04 High 9 80 4 2 \0 School .pat- 434 5 -Â«8YE ltd Â»012 4 L Sievers Cir P.0-7 & 6 c Dooume Cir #e G.4 7Â¥ eushoc!12[3 -*/ _.-Â·''e "~ 3 (2101 8 r Chascide Â£*EE) (F 000 4 ~ ~06 9 Et )# 491 0 8 >1 ' Uve O 'b W 9 .(Ct# 00 V G 4, A:55 Â¥& MAP KEY . rent /11 0000 * 90-6 Re tee lechase or 16 'w" Aspen Highlands A *,re River Thundbrbowl Ln ./.f National Warcon e /& 60 For,st 0 6 2 Â¢ Mao Coovriaht Â© 2003 Qwest Harmony PI JO *,8 1!04 upâ€¢Jo .eÂ»'0 boWB - -Â·-,PO * ., 95149 .-- .99%?99 ?02.6, -4 (12/A 0 - 0 - 1.- . 0 ..0/4 O - \ I - ) I 0 00 0 --- 0 - -3-- 5.6' (RECQ't[))-M~ 1 . 0 0 - ~-ROWER PO~E- ~i- 4 (REIDIO~) 7- h.0 -1 1 1 1 1 C, \ DESIGN REVIEW APPEAL: LOT 7 BLOCK 1 ' 1 WEST MEADOW SUBDIVISION LOT SIZE APPROX. 16,340 SQ. FL 72.7' Garage Extension - LL 1 1 O 1 ' Om | | oo b 0 1300 MOUNTAIN VIEW DRIVE, ASPEN, CO 06 1 6 0: 1 O- 1 h I Z- DECK 6' 1 1 1 4 1 27' CONTENTS OF PLAN SET -------.--â‚¬â‚¬*Z--- 1 1 6 my.% 49.0, Drawing Page 26.2' 9~ ,~ 1 1 - ----4----- \ UNCE Site Plan ''','' ''','','0''' '''',':'Â·Â·Â·Â·Â·Â·Â·'Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·,Â·Â·Â·Â·Â·Â·Â·Â·..............., ........1 i~ 2.* - -- <--- y~~.7).-- 1 ONE STORY //// /1/// f Front Elevation ..........................,..,,.......................................... 2 ~ 1,9.*' - i~,-- METAL HOUSE - :10 1 East Side Elevation - l - W/BASEMENT - - Â· 6 I I f// CK West Side Elevation 1,1.11.,1,1,11,1,1,1,11'..1..'11.111,1,1111,11,1,11,1,11....,1,1,1 4 31 FOOTPRINT OF 77 ~ -~/ j~-~ IP ~ 1 i -- i Â«1*COND STORY 1 Isometric View Lul I 22.5' iâ€¢ <1 zADDFTION -z- .-37Â·Â«22---,-L--~~ i Z . 1 inch = Approx, 20 feet 1 1 1 -- 49.0' :-- LU Roof Plan and Drainage Flow 1 : 22.Â· ~ I 0 5 10 20 30 40 50 feet Photographs of neighborhood. .........................................7 2 :I 18.0' 5 *--0-20.9' I r. ......... 4-2.1, 2 1 1 6 ~DOF OVERHANG 1 0 1 Site Plan I ~~ GARAGE EXTENSION I ~~- FOOTPRINT OF I k I p 12 I 1 - 1 (with Garage Extension) 1 /1 \ 43.9 L - 51 9 I f ' Based on Survey 1 Z 6' 6' 1 | LLI 1 DRIVE 1 0 CD I 1 0 i 990> - 1 M 1300 Mountain View Drive 00 1 2 1 5 1 1 0~ 0 Â«\ 14 4-1-4 Aspen, CO 81611 O 11 \ 0- 1'0' *f[SCAL*D) < Il 1 01 1 ~ 6' 6' 1 0 1. l Drawn by John Emerick, Owner-Builder 1 ' 970-925-4281 970-544-1957 FAX 92' f (SCALED J jemerick@sopris.net Date: 3/10/04 Page 1 /7 (C]31Â¥DS) F,Z 1111~1 -- 1 1 1 1 Â£ ~ 1 - Â¥ 11, +2'e+ 71 - - -E----- ----Er ~ lilli AC4024-12 ~ ~ u u:,iu ,1 N --L 11.11.11 0~ 44 i ~ ou 1 -- ..=.I'-= A--Il--'ll--I. DCSP 7254 AC4024-12 DCS3626 ~ DCS3626 4 .1 Egress ~ Egress Il 1 11 1 11 1 11.11 11, 111'lili " ~1 L --000-i -1111'11111 11 -- '' TIll 1 1 1 1 1 11111111I 1 .1 - 1 11111111111111 L . 1 4-2' C + - 1 '.J 11 E 6 L 1 - 1 00 111 LE[ 4' 0 03 Zlf&-28-2mr-wet-1~tilj~lal V i- 11 1 1 T.- *':~ 1 I.W....m- -1-*-=-- 11 1 = 11[.1 1 . 4*--2' 0'-1, h j-Ree-2 21 EL L Unful---- - -1 url 1 - 14 7 22 C .1 1 - V Â¥ 12' /f/ 19'8" / 49'4" Scale: 1/4 Inch = 1 foot 1 0 2 4 6 8ft Front Elevation With Garage Extension 1300 Mountain View Drive Aspen, CO 81611 Drawn by John Emerick, Owner-Builder 970-925-4281 970-544-1957 FAX jemerick@sopris.net Date: 3/10/04 Page 2/7 17 1111111 1- r -4-11& 111111 1-- 1 4- 2'0"-A ) 11 III- 1 [ 1 AC4024-12 | AC4024-12 I CC3652-1 2'' Ld DCS3626 Egress --1--1 4 H 4 1 El Z f . 0 10. I f ~ 11 1 . Full'11].~1121 -- TE LEâ€ž1 1 L =-= ---= 4- 20 0-+ - -4 2" 1 11 7,1. L -64 4 -11-L- W ML 1-9 1 -7617rk 1121-- -41#f U--V --M-=11; 1 m .1 . 0. 11----- 1 -1-1 r 1 1 - Grade 11 - Grade 8 - --- --- 11' 6" , -- 1 5 9- 13'6" I ------- -- ~ _ Scale: 1/4 inch =1 foot 1--2----Iitilli - - 0 2 4 6 8# 1 11 - 1- East Side Elevation 28' 10' I i With Garage Extension 1300 Mountain View Drive Aspen, CO 81611 Drawn by John Emerick, Owner-Builder 970-925-4281 970-544-1957 FAX jemerick@sopris.net Date: 3/10/04 Page 3 /7 1 1 . ' ; i~-r-T , -1 1 - CC3652-1 ~ 1 ~ -a -i- DCS3626 te 111; - 1//% .*/A - 11 L-.0000-0, i.- 111111 ----- -0-61 1 111 lilli - --- 1 ~ 1 -11 1 DCS2820 DCS2820 023=920' DCS2820 11 i 11 -11 M 1 . ~A=,d..-4 1 1 L--31 CZE 11 ft 40'2" Scale: 1/4 inch = 1 foot Flf M- -' 1 0 2 4 6 8ft West Side Elevation With Garage Extension 1300 Mountain View Drive Aspen, CO 81611 Drawn by John Emerick, Owner-Builder 970-925-4281 970-544-1957 FAX jemerick@sopris.net Date: 3/10/04 Page 4/7 11 lilli 1 1 4 1 - 1 - irÂ®"191[I EFF]H LH= 00 11~11~C=m_ -_]Ill-~2'_ ILL___I Â« A -~I n ni L' i j i j H 1-11 111.11 li' 1 111 111 1 1 1 ~OfffÂ«Â°~~-~--~~Â«~jÂ«Â«~~~-- 0 00 7 -1.-_ - , /0 4 r 11 " 'A J t < - I. --------- 4 Isometric View Looking Northwest Showing Garage Extension 1300 Mountain View Drive Aspen, CO 81611 Drawn by John Emerick, Owner-Builder 970-925-4281 970-544-1957 FAX jemerick@sopris.net Date: 3/2/04 Page 5/7 1 /ff 1/f Roof surface area: 3:12 pitch roof (sloping area including eaves) lst story: 1361 ff 2nd story: 1116 ff 1 1 1 Total: 2477 #2 1 Flat roof 2nd story 80 ff (not including any 1 1 necessary lapping on surrounding walls) Hot lub 1 1 1 1 11 t Runoff directed onto / i . Runoff channeled to drainage swale lawn in back yard / along properly line ./ 1 1 ' 1 4 4 P 4 1 1 Runoff channeled to drainage swale 'j d Deck Deck Â·~ ~ ~ along properly line i 1 1 r Rain gutter - Al 4 1 -4'U/,1 -,..- ~ Rain gutter ~ â€¢1 0 4 - --0.-0. -00 --- .0 1 /' T--t---t-- 11 1 -0 1 1 T- ir 14 1 . 1 1 .A 1 - Al t 4 1 T-I -7 3 1 t. 1 1 - E M A 11 1 1 1> /1 0 ./.1 103 / 1 14: \ iti i 0 1 --ti 1 4 1 0 1 L,ff . Runoff channeled to drainage swale along properly line m 1 2 1 1 --1' f 1 Â«1--4, Ro n gulef , * . 0 * 1 /- . 0 . 1 1 1 . I ' Zin guner ~- 1 1 I 1 I 1 . 1 1 '1~ 11 1 -------------1 FRONT Runoff directed onto Runoff directed onto i 1 lawn in front yard lawn in front yard 1 41 . I . . i Roof Plan ~Runoff directed onto 1 lawn in front yard 6, and drainage flow Roof pitch of addition shall remain the same as on the existing main roof, which is 3 in 12. 1300 Mountain View Drive . I . , New roofing will be installed on the entire house, which will consist either of a standing seam metal roof, Aspen, CO 81611 - ' ~ or of asphalt composition shingles. 1 . 1 Â· Drawn by John Emerick, Owner-Builder Â· The second story deck will consist of a flat membrane roof with a pitch of 1 /4 inch per foot for drainage, 970-925-4281 970-544-1957 FAX . covered by decking attached to sleepers, jemerick@sopris.net Red arrows indicate direction of water flow off roof. Date: 3/10/04 Page 6/7 _-_ - 29?29,*-Line-- . -......-/.-.... 4~37 tuau~es[)e /4!INA puo enou![na ... ..0 '1 L '. 1 - 16% . - P % , -..49 i A ,/ 1 1 N. . â€¢ 4 . 4 Â· -4 I'll'llillillic:/P':.p~1/1/"P"lillillilillillil'.................= 1300 Mountain View: Existing structure 't '/.' . ..1,7 .. '7Â· , f. lai, , 1 - .#440. 2* ... 1 - f t.. I . 4 -J --"C--I ..=5 . - i .- . 2 - 1315: Mountain View: Residence Directly across 1325 Mountain View: Across street and one lot the street to the west ./C i 11? 1 ./ Â· X. / 6 / S . ..44// \1 1 ... . 1 4 Z Â» -/ --I . I---- 6,/ t- - ' I .......=44 ....169,4. 0 - 4. , 1285 Mountain View: Across street and one lot 1270 Mountain View: Next door neighbor to the to the east east. Relatively recent renovation with second story addition. . IJ,111.11 dll 1 Â·92 .U . ~ , . 1 -4.L,r -1 C.34/ â€ž . f - ..6 "*Vy. - .c.. C 1 m i:-â€¢1 -- 1330 Mountain View: Two lots to the west, 1265 Mountain View: Across street and two lots showing double garage projecting approximately to the east, recent renovation showing garage 25 feet beyond front of house. projecting approximately 15 feet beyond front of house ' , '. ..A . 1 6 1 46: 0 44. B r $ 2,5/ r.. r /4.27 -15. 4, ' a- : itt.t. 731%4< ':91"61 04 L. 4,.y . , :74 1-â€ža - \â€¢-L 2 *4*Â· < t/)~ 1 2 ~Ar.. . ~ it. .... D. ... 4 . A %,10' %1 ... ~;4. 't.,it 5./. '*.4. 9 ./ ,Â© " I i. d *24 . . Â»0*,74 - t..71.Â®mi,h. - - i 1 1 7/liwiwil--dr 04 -. - . . 4..... 1,-&'* ~ 1~ -1 ll. 4- i Â¢,6 *1- 9 .* I- /..- I. - ?~Il I. . . 1 \6360 .iI-,m-1, I.- i* . . â‚¬ - I 3 \\ iw./.A h . 4/4 Ill-li.. 41~t . I . 7././. .-/ J , . - r 9'f .*.1 --irv \ 93/ 1 . 0 - rÂ»Â» .E'. .. 1 f - * < :,:AN, â‚¬4. 4 --: '144*â€¢ . P' .' 44* 4242- 4 1 9 4 4 . .7.-..;01 4.-T. 3. # I f /41 L 7/4/ 1,637 . 14,.Â¢ 4 1%- t . .' I :DZ.Alli .<Â·41, 4.3 9, -1 L t. .r , M# -1 Â· , 6.2 Re '449. $ . 4 4 743 . r. *14 0 -. ,A ~1 t~' 04 â€¢ . 1 : &4 -, rE :L 11& \2 Â· .I Â¢ .4 * I , . L .1 + 1. . 1 4 -71 â€¢ / 4:f < 1.-- . Jill 9 Â»*4*11/,1 41 / :- 55-1 â‚¬.11- - Â¢ 4-~.'p.. 1 2.- iftÂ¢,f:t ./ . I .134 I ..'*Cm' , Pl 46. -il.=... Â· 63'.I. *4.Â· a . S~- -' #I #I/#I. i~ 44*~'04%8/ t~~A: '5.~ 44 ./; 44<~1%,0 â‚¬:4:4% - : p .,4.'4840/>:P, 4* 1////////'"//"/"""",.=,.--------- ,. , *el.-4 24 /1/lum . 0.-~..474 . 1 J. 1.8 I , 47Â« 4 1, 44{ 7 1..:i \ Libb: 1 1 ' 3 /4: 1 - 4 4- * 1- 0'e v I .1 ... -14> I r u \ 0 1 1 - - . 24. 7.0 N 4 I. 0 4/ 9 . .4 4. 4 - I . 94 ~u L 4'i 06 th .1 4 r. 14I 1,6. 1. .1 - 0- 00. . ... 0 r ./ .. S %. 4 46 : 54 4. W M XMF .. 11.f - '4 44,4 . ' 4 2 + . j.*44 *7Â·t' , fâ€¢ 4 Â· 41--' J,; 2,Zi..... ... 4.. . . . -Â¥ â€¢ f/* ~:11 I .. . ./ * Â¢;s r /i E ib i k .ipp 444 m,.r . 4 . . ..i .% '.. 14 2-1 91.6 . t. 4 . 5.- I .- I '. :' :09* I t .4 - '91 k#* 01.-4 - 1 4 40 4; 2/4 . I , 4... . 4. 1117 .4 l .. , '. . gs-12 I -4 . 1,7./ '. ' I. . -,6 . =1 - r. - \ '~' Â· --d.*8*. ..- 1.- - , t 1 '1... -: :eÂ· ~3.19 '' r ~' \ , 1 . ./ r - 15 _ik 44. ..2-1 Â¢ ' - \\ L @ - I 3.-30 0 - 00 0 .. . 1 E'. I . 1 $ 4 f. 43 1..,1 lk- 0. ' 3. ..40% S... . I >, 2 . i. ..I" , . . Ll ,.-j,d,> I Allarâ€ž 1~,4. . - I . 1 76-25: * bewd- ... 2 . .1.- ./1 T: 114. .- Â· r . . . , 1-~ ~*-*/422- :.. 9.-9. .. r f v Â·- 1~7~ .-,9 1 4 ........ â€¢t ' :â€¢ â€¢ 4 . I .A a . . :Â·f' 2./. Â£ t-''I ... ... 0.. 4\\ . 1 1 . '634,0 - + j 51-- //P1 Al.1,74, . ....4 , t.' ... r./.'.-Il:,I W .-....""I/'.532,Elli'Zip'I/* Â¥ 4 4 ''el.111~ .t ,-,1-0.r3Ac#~ i *4,2V it"'.t 0 )-. J - O 41 - ...:.-Lk.1 . 4>N , 4 P ...47-. ..= '3 4 7, . 9.-- . 'Â· F 4.77 -- % ' Â° # 4 - 1 V..7 1%: '' .' ..6 ..... $ " Â¢4 - I I I 0- 10 . ..:'.44 \]A A Wid Q 21-47 G/i MEMORANDUM TO: The Aspen Planning & Zoning Commission gAA THRU: Joyce Allgaier, Deputy Director of Community Development FROM: Scott Woodford, City Plannelf< RE: 1300 MOUNTAIN VIEW DRIVE, VARIANCE TO RESIDENTIAL DESIGN STANDARDS, RESOLUTION NO. , SERIES 2004 DATE: June 1,2004 1 +#frTU Photo ofthe subject . ~ - C Mountain View Drive. I 'fl. I. ' -'ll I. The applicant requests a t. 64 . . variance to construct a -= one car garage (in I 4 43.99-1~44 addition to a second 1 .. . .... . 1 story addition for which he doesn't need a variance) in front of . house, to the left of the 4. *: 1. - -1 '1,- -44 front door. I . 1 ' ...4' *'Pueuc Not.K - . a u.,i"'t 25~ 7â€¢Al '. PURPOSE . , 1... I ' /' . I '.'* . I .... PROJECT: 1300 MOUNTAIN VIEW DRIVE REQUEST SUMMARY: Variance to the Residential Design Standard that requires the front fagade of a garage to be setback at least 10' further from the street than the front-most wall o f the house for garages that do not have access from an alley or private road. ADDRESS: 1300 Mountain View Drive, Lot 7, Block 1, Meadow Subdivision APPLICANT: John C. Emerick STAFF DENIAL OF THE VARIANCE TO THE RESIDENTIAL DESIGN RECOMMENDATION: STANDARDS 1300 MOUNTAIN VIEW DRIVE STAFF REPORT PAGE 1 REQUEST SUMMARY: The applicant, John Emerick, has submitted an application requesting a variance from the Residential Design Standards for an addition he is planning to his existing house. The current house is a one story, 1,700 square feet ranch style residence, which he proposes to expand to 2,400 sq. ft.. Mr. Emerick has an approved building permit for the renovation, which includes the addition of a second story and a one car garage extending out from the front of the house, for which he is requesting a variance. REVIEW PROCESS: The applicant requests the following land use approval for the proposal described above: 1.) Residential Design Standards Variance; According to Section 26.410.020, , variances to the Residential Design Standards may be granted by the Planning and Zoning Commission, Board of Adjustment or the Historic Preservation Commission; In this case, the staff believes that the Planning and Zoning Commission is best suited to review the variance requests of this nature. Final Review Authority: Planning and Zoning Commission. BACKGROUND/EXISTING CONDITIONS: According to the building permit files, the house was constructed in 1959. PREVIOUS ACTIONS ON THIS LOT: There has been no previous land use actions on this lot. STAFF COMMENTS: RESIDENTIAL DESIGN STANDARDS: The Residential Design Standard from which the applicant is requesting a variance is from Section 2.410.040 (2) (b), specifically described below: PARKING, GARAGES, AND CARPORTS. For all residential uses that do not have access from an alley or private road, the following standards shall be met (only the applicable standards is shown below - standards a. and c-e not shown): b. The front faGade of the garage or the 1 front most supporting column of a car- port shall be setback at least ten feet (10'0Â°') further from the street than the ~ ~ 1 Mgmmu front most wall ofthe house. 1-T 4 y 32 1 3 i \ 4-- X -Â»- a x. s'-Â·* 1300 MOUNTAIN VIEW DRIVE STAFF REPORT PAGE 2 REVIEW CRITERIA: According to Section 26.410.020 of the Land Use Code, an applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance, if granted. would: 1. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the 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 adj acent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, 2. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. STAFF POSITION: Based on the above review criteria, staff finds the request not in compliance with criteria #1 or criteria #2 (See Staff Findings in Exhibit A for a full explanation of compliance with the above criteria). STAFF SUMMARY AND RECOMMENDATION: Staff recommends denial of the Variance to the Residential Design Standards requiring the front favade of a garage to be setback at least 10' further from the street than the front- most wall of the house at 1300 Mountain View Drive, Lot 7, Block 1, Meadow Subdivision. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): "I move to approve Resolution No. , Series of 2004, for a Variance to the Residential Design Standards requiring the front fagade of a garage to be setback at least 10' further from the street than the front-most wall of the house at 1300 Mountain View Drive, Lot 7, Block 1, Meadow Subdivision." ATTACHMENTS: Exhibit A: Residential Design Standards - Staff Findings Exhibit B: Application with Building Elevations and Site Plan 1300 MOUNTAIN VIEW DRIVE STAFF REPORT PAGE 3 RESOLUTION N0. , (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A VARIANCE TO THE RESIDENTIAL DESIGN STANDARD REQUIRING THAT THE FRONT FACADE OF A GARAGE BE SETBACK AT LEAST 10' FURTHER FROM THE STREET THAN THE FRONT-MOST WALL OF THE HOUSE FOR THE RESIDENCE LOCATED AT 1300 MOUNTAIN VIEW DRIVE, LOT 7, BLOCK 1, MEADOW SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-0130-8004 WHEREAS, the Community Development Department received an application from the applicant, John Emerick, requesting a Variance to the Residential Design Standard requiring that the front fÂ£wade of a garage be setback at least 10' further from the street than the front-most wall of the house; and, WHEREAS, upon review of the application and the applicable Land Use Code standards in Section 26.410.040 of the Aspen Municipal Code, the Community Development Department recommended approval of the Variance to the Residential Design Standard requiring that the front fagade of a garage be setback at least 10' further from the street than the front-most wall of the house and is in compliance with Criteria 1 or 2 of Section 26.410.020 of the Aspen Municipal Code; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion o f public health, safety, and welfare; and, WHEREAS, the City of Aspen Planning and Zoning Commission, at a public meeting on June 1, 2004, approved Resolution No. _, Series of 2004, by a vote of to L - 0, to approve the Variance to the Residential Design Standards requiring that the front fagade of a garage be setback at least 10' further from the street than the front-most wall of the house; and, NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE lst DAY OF JUNE 2004, THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Lot 7, Block 1, Meadow Subdivision, Parcel Identification of 2735-0130-8004, is approved 1300 MOUNTAIN VIEW DRIVE STAFF REPORT PAGE 4 for a Variance to the Residential Design Standard requiring that the front fagade of a garage be setback at least 10' further from the street than the front-most wall of the house. Section 2: All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission are hereby incorporated in such plan 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 effect 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 Commission at its regular meeting on June 1,2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk 1300 MOUNTAIN VIEWDRIVE STAFF REPORT PAGE 5 EXHIBIT A RESIDENTIAL DESIGN STANDARDS 26.410.020 Purpose. Variances from the Residential Design Standards, Section 26.410.040, may be granted by the Planning and Zoning Commission, the Board of Adjustment or the Historic Preservation Commission, if the project is subject to the requirements of Section 26.415. An applicant who desires to consolidate other requisite land use reviews by the Historic Preservation Commission, the Board of Adj ustment or the Planning and Zoning Commission may elect to have the variance application decided by the board or commission reviewing the other land use application. All applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance, if granted, would (Note: compliance with only one of the two criteria below is required): (1) Provide an appropriate design or pattern of development considering the context in which the development is proposed and the 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, STAFF FINDING: DOES IT COMPLY? No While staff finds that the exception would provide an appropriate "design or pattern of development" considering the context of its neighborhood, we don't feel that it is warranted considering "the purpose of the particular standard". The predominate context of the Cemetery Lane neighborhood is of one-story, ranch style, single-family homes constructed in the 1960' s and 1970's. Interspersed are a smattering of newer homes demonstrating a variety of architectural styles constructed on the sites where the original ranch style house was "scraped-off'. Because of a lack of alleyways in the area, most of the houses have garages accessed from the street with the garages typically located either flush with the front fagade or five to ten feet in front. The immediate context of homes located along Mountain View Drive demonstrates the same characteristics. However, staff believes that, even though there is this existing pattern of development, it is in opposition to the purpose of the garage standard, which is to minimize the presence o f garages as a "lifeless part of the streetscape." Because the garage could technically be constructed on the subject site to comply with the standard (or at least come into closer compliance with the standard) and because the above criteria requires consideration of the "purpose of the particular standard" in addition to whether the variance provides "an appropriate design or pattern of development considering the context in which the development is proposed," staff cannot recommend approval. (2) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. 1300 MOUNTAIN VIEW DRIVE STAFF REPORT PAGE 6 STAFF FINDING: DOES IT COMPLY? No Staff does not find any unusual site-specific constraints that would prevent the applicant from complying with the requirement to have the garage setback at least ten feet from the front fagade. The photo below shows that the garage could be located next to the existing house, although fill and a possible retaining wall would be necessary to accommodate it. ., ./.9/01"/'Vt..5 Â·Al 2.1 ?.tÂ¥%- & 2 . 71 . 0- 7,. 0.,i .Â·â€ž. .~:1. - . A.. 5,int~~BIMP/.9,1/7 a > 3% 49?,3/ 411.: Â· -4 4. 4544,Â·: .. . . 1300 MOUNTAIN VIEW DRIVE STAFF REPORT PAGE 7 I . --0 - 102.5' (RECORD) 0 - CD 0- 0 0 -. I 0 - I 0 00 - 0 --4 -- 0 -2 . -- 5.0'~(RECQRD)-Â·000 1 0 0 - - -ReWER POLE---Â·i | DESIGN REVIEW APPEAL: (RE~OWE.[2)1 -- %.- 1 1 -- 1 1 1 1 Garage Addition LOT 7 BLOCK 1 ' 0 01 1 1 1 1 5 ,-Â·*Z edge o,i-.1 WEST MEADOW SUBDIVISION 1 1 es ... LOT SIZE APPROX. 16,340 SQ, H 1 1 1 1300 Mountain View Drive, Aspen CO / e -ON: Ul af# 10 '. 1 1 1 1 1 4 0 F . 0Â£ 9 1 1 0: 0 1 1 1 1 1 0 0 0 1 1 1 z - N ' 6' E / DECK 1 ' 16 ' 1 1 CONTENTS OF PLAN SET ----- ---2,4- 1 1 27' 1 4 1 1 14' Drawing Page i : : - 49 0, oil l 11 Site Plan 1 1 I --- 1 Front Elevation ,,,,,,,,,,,,,,,,,,,0,,,,,,,..,,....,,.,.,.,.,..,,,,.,,....................2 i g ... ~~-~ ONE STORY 1 1 1 i - i - METAL HOUSE 1 1 N East Side Elevation.. .................................................................3 - 10'-* ,7 -W/ BASEMENL/~ West Side Elevation / 1 \ 6-73>- FOOTPRINT OF Isometric View, looking Northwest i ECOND STOWY _ ; ~ ~4 22.5' 1 inch = Approx. 20 feet Roof Plan and Drainage Flow ..........'....'................................'..6 .... - 1 0 5 10 20 30 40 50 feet LU 18.0' 1 1 1 P 1 Mt~fil 6- l t.- * 1 FC)TPRINT OF / - GAR* ADDITIO~ 4 ROOF= OVERHANG I d 6 - Site Plan I 0 1 8, 1 1 51 (with Garage Addition) 1 2 J I - Based on Survey 0 6' 6' 1 Z I LU 00 1 el 00 1 0 1 1300 Mountain View Drive Aspen, CO 81611 0,-10' 1/(SCALED) X Do ol Drawn by John Emerick, Owner-Builder l 6 6' I 1 1 . 1 970-925-4281 970-544-1957 FAX U jemerick@sopris.net Date: 6/6/04 Page 1 /6 .. 11J 11 11 L>- -<L,L 111 1111 -,111 1 11111111111-FFI- ).- 1 1 1 1 1 1 1 1 1 i tiirri~~~~~~~~~~~~,~~~~i~~-Â·-- + 2 1 + L- t '~ ~ ~ 1 _. 1 : 4-Â·- 2 0+ iyE 11- 1 1 -T-1-[ 1 - 1 67 / - De 7254 %-11 - AC4024-12 AC4024-12 DCS3626 D~626 ' ~ -nntlb-1--1-t----4 --1.-- 1 a Egress Egress , z. m~ 1 . 1 1 1 1 11 H I i i + 2,0.-+1 =1---4- 1 - mu l : - ER --_ .-= .= =. i.==. M t e < . 7' 3 22 7 - -lr 11 1 / E J .. 4 20 6" .1 14' 0- â€¢4 47 4. b Floor of Garage slab-on-gracie construclion. with floor level appfoXmately 16' below floor level of first story of house. 0 2 4 6 88 Front Elevation With Garage Addition 1300 Mountain View Drive Aspen, CO 81611 Drawn by John Emerick, Owner-Builder 970-925-4281 970-544-1957 FAX jemerick@sopris.net Date: 6/6/04 Page 2/6 11 11 l u - m 11 11 1111 -- lili 1 1 1 . 1 -*--T~J I - _ - L -1 +2'00+1 1 ir_ -I- CC3652-1. l t" 1 CC3652-1~ Egress Egess ' - 1 1 1 1 '71--1--- , A 4-12 AC4024-12 11 I . 1 1 11 . lili 11 11 111 1 1 1 1 1 1 1 1 1 1 1 1 1 , 1 1-'- -1 t - LUE 1 1 10 2 Z Â·=Â·IE[FZ-= Â·:31~--T=-=-=--~~== -ditiB'F~'13-5~fi:"â€ž- =':~:"uu. w . OLE][3 0 : 13' V 1. 11 i lili ..... I ' 45 1 I--7-/ 22-r I--E . T L. i Dr 0 - .' ..= -i=.4-*=6-1.~- 1 Nk = = z z = , 4*. i 6, 4#8 . 1,4 9. 'Litlkablkimbl Eletil Â£113NNF,9 9&1Â· UU---_ -.ru ./.ef:- ./.- ' I././- - ./ 3 > -4, M'Â· 'Â£ 9. .. A ~ N ~A L 1 M 14'0 0 2 4 6 8ft Rear Elevation With Garage Addition 1300 Mountain View Drive Aspen, CO 81611 Drawn by John Emerick, Owner-Builder 970-925-4281 970-544-1957 FAX jemerick@sopris.net Date: 6/6/04 Page 3/6 1 1 -I.----y-1 lili 1 1 i 1 1 11 1 ~ ~ CC3652-1 , CC3652-1 i l !I111111I IM NIT .-.- 1 1 1 L I Â£ ~ ~,~ ~ DCS3626 Cr] 1 â€¢ DCS2820. DCS2820 [=3 7 == 411_fit- 1 -1 1 r '' 344""166 22' 0 .. ToÂ· I 0 2 4 6 8ft West Side Elevation With Garage Addition 1300 Mountain View Drive Aspen, CO 81611 Drawn by John Emerick, Owner-Builder 970-925-4281 970-544-1957 FAX jemerick@sopris.net Date: 6/6/04 Page 4/6 11*~4 - -.:VE 1.1 1 11 9//Ff 11 1-- 1::1 : 1 1,1 1- 1- 4 1 :Id f WrT-ril: li. 1 lilli 1 ====11, . 1 4. 4 .1......."9'6211!1111111 2Â»-- Al/VJ '|'~ 1 .- 1--1 1- ill : 11 ind 1 -' hz rUT ,; Â· " = 11 I E 11 k.'DH Â· 1 M . ! U. U- .grk 0 %4 lit j. 1 1 9 24. Ir I 3--*K,MEA,#PNY 2-C==t- 7 - -t P 12/ Isometric View t- Â·li~ Looking Northeast Showing .f. Garage Addition 1300 Mountain View Drive Aspen, CO 81611 Drawn by John Emerick, Owner-Builder 970-925-4281 970-544-1957 FAX jemerick@sopris. net Date: 6/6/04 Page 5/6 ~ h ~10--MI - . 1 t , 1 1 ' t ' 1 Hot tub ~ ~it Red arrows indicate direction of water flow off roof. Runoff di~ted onto / 1 1 lawn in back yard / . 1 41 Runoff directed to drainage swale , '- 0 along property line . .1 . Deck Runoff directed to drainage swale i Deck , " 11 " along properly line . Rain gutter tf 11 11 1 -----=---0 04 { 000 Rain gutter ' ' \7 -2 1---------------I - .---0-00- 4 / 0. ! , i / 1 t -- -il.---- - 1 -I-- ----- 1 1 1 ,8 1 1 1 , 4.. 11 1 1 1 , 1 1 4. AA ' 1 4 0 / 1 I 1 2 1 14 i M + r / 1 %1 1 -7 I\' / Ced 1 1 1 / I '' < 1 1 1 . . 1 /4 . I 1 , 4 \ 'I 1 1 1 i \ 1 1 I P 1 . ' 1 , . 1 1, , 1 1 1 1 t A IRunoff directed to drainage swale 1 . 1 1 00 1 1 0 -0 CD , r- I 1 , 1 1 â€¢A ~ , along property line 1 1 1 1 1 1 1 0 1 ------- -I-------------'I- It ' 1 ' 't 1 -IN ... t . -*d~x Rain gutter , Rain gutter ..4 I 7 0 0 1 1 1 0 1 , -1.. 1 A . 0 , I . .t % 0 t . . . Roof Man t , , ~ Â· Runoff directed onto Roof surface area: 1 1. t lawn in front yard FRONT Runoff directed onto Runoff directed onto i i lawn in front yard lawn in front yard Showing Garage Addition ' 1 3:12 pitch roof (sloping area including eaves) 1 st story: 1123 ff 1300 Mountain View Drive 2nd story 1116 ff Aspen, CO 81611 Garage: 416 ff Drawn by John Emerick, Owner-Builder â€¢ Scale: 1/8 inch = l foot 1 1 , , Total: 2655 ff 2 4 6 8 10 12 14 16# 970-925-4281 970-544-1957 FAX t 1 jemerick@sopris.net Flat roof 2nd story 80 ff (not including any ' 1 1 1 necessary lapping on surrounding walls) Date: 6/6/04 Page 6/6 ~ 1 1 , prEE'Rill=.- ..-'. Drainage and Utility easement - y *Ueu,leSDe AUI!#fl PUD eS[>U!010 7... li'.7: 7?77â€ž5.f,43Â¥ ..1,4.'.29 *"At 1 ,(,4.34.~4$51 .* . .*M.. 1 4 ' 6 4 DEPOSIT CERTIFICATE â€¢ 1 I DEPOSITED THIS DAY OF ,2003 IN BOOK OF THE COUNTY'S -- LAND SURVEY PLATS AT PAGE AS RECEPTION NO. .THIS LAND SURVEY PLAT COMPLIES WITH SECTION 38-51-102 COLORADO REVISED STATUES. SECTION I COUNTY CLERK - CURVE DELTA ANGLE RADIUS ARC TANGENT CHORD CHORD BEARING TOWNSHIP 10 SOUTH, RANGE 85 WEST 6th PM Cl 13'30'12- (389.70') (91.84') 46.14- 91.63 S 80'09'06-E . LINE BEARING DISTANCE ~ LI (S 76'30'OOW) (5.00') L 2 (S 73' 24'00'E) (10.16') A SCALE 1 INCH - 10 FEET 0 5 10 15 20 CONTOUR INTERVAL IS I FOOT lei rio . CERTIFICA 1. DAVID W. MoORIDE. A REC OF COLORADO. HEREBY CERT IF A FIELD SURVEY PREFORMED I kill MID I S TRUE AND CORII BELIEF THIS CERTIFICATIC ORIGINAL BLUE~RINT. DAVID W. McIRIDE *LÂ¥'16121 ACCORDING TO COLORADO LAW ' BASED UPON ANY DEFECT IN TI F I RST DI SCOVERED SUCH DEFE{ UPON ANY DEFECT IN THIS PU FROM THE DATE OF THE CERT Il :â‚¬mÂ·Â· - fr . 1 0 \ D. 1 I ly mlf..~., 1 0. 0 -- 4 1 7,1 9 42 - I .. 1 4,1 I 1 . .:R: 1 -1 - 44 23'APA - 1449'41&81 'Al . 64 1 ... , 1 ... Â¥ U I . 04 4 1, 0 0 Â¢2214~9 43. Â». . 0 1 1 0 11 . 02,1.4 . . E . /01 1 40.4 6 . .. D. . ... 0 . , 1 0 .0 1 , . 0 = - 0 - -r .:' I . / . I . . di ... liD , 1, 0 - - f .... . D:. 0 m- 26;1!t . . 0 01 D. 0 1 4.. . . . 0 D . 'C - ..0 0 D ./0 0 0 4. .. 1 -- 4 . 0 0 0..,0 . 4 . *11 4.' ,- C i .... 1. . 0 0 I . 0. ./ 0 0 6/ 8 -2 Oo 9.,4 f LLI CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and 'do b 4/0 (1, IEMacick- (hereinafter APPLICANT) AGREE AS FOLLOWS: \ 1)6'2..2,0 :fJriYE h;lipltt to CI'IJ~i~,z;P~~R{RA>Al),u 1,4?#9 1312~1,2-j 4'po~,O (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 APPLICANTS 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 alld/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 applicatio} completeness, APPLICANT shall pay an initial deposit in the amount of $ j j~ O which is for t' hours of Community Development staff time, and if actual recorded 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 bujlding permits be issued until all costs associated with case processing have been paid. Ar>KV ) 1 TWAF CITY OF ASPEN AÂ¥Â¥13(1.22 n = c (f By: By~nx vl,61( Julie Ann Woods Community Development Director Dke.Â· 3~ 10 | 01 1 ,Billing Address and Telephone Numb~: /Required 1 & OD Alau,AFVM 9 ceto be + +11 00 91& U g:\support\forms\agrpayas.doc 929-4281 6/05/03 RETAIN FOR PERMANENT RECORD CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that JOHN C. EMERICK is the owner's in fee simple of the following described property: LOT 7, BLOCK 1, WEST MEADOW SUBDIVISION, according to the Plat thereof recorded in Ditch Book 2A at Page 245. ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE: 1300 MOUNTAIN VEIW DRIVE, ASPEN, CO 81611 ENCUMBRANCES: Deed of Trust from : John C. Emerick To the Public Trustee of the County of Pitkin For the use of : Banker's Mortgage Corporation To secure : $275,000.00 Dated : March 12, 2003 Recorded : March 13, 2003 Reception No. : 480150 Subject to easements, rights of way and recorded matters. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITK~pUNTY TITLE, INGTh A BY: 167 J lAKI,WGL<%.tALM NM authorized signature J CERTIFIED TO: February 19, 2004 @ 8:00 A.M. RETAIN FOR PERMANENT RECORD le/05/1999 13:45 9 20-4052 ASPEN TITLE P. PAGE 02 Return to: Connie Lynne Aspen Mountain Mortgage 1 I 215 S Monarch. Suite G-102 Aspen CO 81611 b QUTr CLAIM DEED THIS DEED, Made this 13th day of October ,1999. between SHELLEY W. EMERICK, of the County of Boulder . and Slate of Colorado , GEU,NTOR(S), and JOHN C EMERICK whose address is 3194 4,4.tone Road, Boulder CO 30303 Â· of the County of Boulder . and State of Coloradg GRANTBECS> W]TNESS, that the grantoks), for and in consideration of the suru of TEN â€¢nd NO/100 ---$10.00 -- DOLLARS. and other good and valuable consideration, the receipt and suffidency of which is hereby .cknowkdged, has remised. released, sold and QUrreLAIMED.and by these present, docm Kernise release, sell and QUTILLAIM unto the grantee(s), their heirs and *ssigns forever, all the real property, together with iroprovernents, if any, 3ituate, lying and beilig in the County of Pitkin and State of Colorado, described am follows: LM 7, Block L WEST MEADOW SUBDIVISION, according to (he Plat thereofxecoided in Ditch Book ZA .t Page 245. commonly known as: 1300 MouuÂ¢=i. View, A.pen CO 81611 TO HAVE AND TO HOLD the same, together with all and singular the appurlen.ances and privilagea thereunto belonging or in anywise thereunto appertaining. and 11 We estate, right. title and interest and claim wh*tzoever, of the grwtorâ‚¬s). either in law or in equity, to the only proper uae, benefit and behoof of the grantees. their heirB *ad asigns forever. The singulu numbez shâ€¢I] include Um plural, the plural the singulai, and the ric of any gender ah.U be applicable to all genders IN WrrNESS WHEREOF. the grantor(s) have executed Ods deed on.the date act forth above. Sh'lley W. E-,Fck State of COLD. 410 j )* County of .Â£304Â£-6â‚¬.e 1 The foxegoing instrument was acknowledged, mibscribed amd sworn to before me this / / ~~ day of Â£4625Â» . 1999 by Shelley W. Emerick. Witness oly Hâ€¢nd and Official Seal 2-6-200/ rEI-2.-.._ ~fyÂ»# 9- 84- 47 tit*ary Public p 02Â·. BU 8 0 C .. 1111111111111111111111111111111111111111111111111111111 RETAIN FOR PERMANENT RECOR[ 437385 11/04/1999 11:56A OCD DAVIS SILVI 1 of 1 R 5.00 D 0.00 N 0.00 PITKIN COUNTY CO ASPEN -IrrUE CORPORATION. 600 BAST HOPKINS AVENUE #305. ASPEN â‚¬DO 81611 Ph-â€¢: PH 970-9Â»-4050 DeNVER 303-595-8463 Qult alms Deed 406262 SR 1111111111111111111111111111111111 lilli I'l lilli '111 lili 03/18/2003 11:23f 480150 Pago: 1 of 15 Return To: SILVIA DAVIS PITKIN COUNTY CO R 78.00 0 0.00 BANKER'S MORTGAGE CORPORATION P. 0. BOX 2096. BRECKENRIDGE. CO 80424 Prepared By: TARA OLSON [Spence Above This Line For Recording Data] DEED OF TRUST DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated Â· March 12. 2003 , together with ali Riders to this document. (B) "Borrower" is JOHN C. EMERICK Borrower is the trustor under this Security Instrument. (C) "Lender" is BANKER'S MORTGAGE CORPORATION AND/OR ASSIGNS Lender is a COLORADO CORPORA]ZION EMERICK 045-33 045-33 0 COLORADO-Single Family-Fann Ilac UNIFORM INSTRUMENT Form 3006 1/01 4-8 -6(Col (00051 Pag~ 1 of 1 S Mw 05/00 lAi - 111111Ilill lillilill lilimlic VMP MORTGAGE FORMS . [800)521 ~7291 RETAIN FOR PERMANENT RECORD 480150 1111111111111111111111111111111111 lili Ill 11111 lili lili 03/18/2003 11:23#: Page: 2 of 15 SILVIA DAVIS PITKIN COUNTY CO R 76.00 0 0.00 organized and existing under the laws of COLORADO Lender's address is P. 0. BOX 2096. BRECKENRIDGE, CO 80424 Lender is the beneficiary under this Security Instrument. (D) "Trustee" is the Public Trustee of PITKI N County, Colorado. (E) "Note" means the promissory note signed by Borrower and dated March 12. 2003 The Note states that Borrower owes Lender Two Hundred Seventy Five Thousand and no/100 Dollars (u.s. $275.000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than April 1. 2033 . (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, pius interest. CH) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable] ~ Adjustable Rate Rider ~ Condominium Rider ~ Second Home Rider ~ Balloon Rider ~ Planned Unit Development Rider ~ 1 -4 Family Rider El VA Rider ~ Biweekly Payment Rider U Other(s) Ispecifyl (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. CIO "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, 6r authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property: (ii) condemnation or other taking of all or any part of the Property; (ili) conveyance in lieu of condemnation: or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) â€žMortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they mig*mbe amended from time to EMERICK 045-33 045-33 0 Ir.Wil. -4 / ~ -6(CO) 10005) Page 2 of 15 7---/.I Form 3006 1/01 Â®. RETAIN FOR PERMANENT RECOIO . 4801 UU i m m im Imm m Im ium m imiII Immi Page: 3 of 15 03/18/2003 11 :23# SILVIA DAVIS PITKIN COUNTY CO R 76.00 0 0.00 time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a -federally related mortgage loan" under RESPA. (CD "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocabIy grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY IType of Recording Jurisdiction] of PITKIN [Name of Recording Jurisdiction]: LOT 7. BLOCK 1. WEST MEADOW SUBDIVISION. ACCORDING TO THE PLAT THEREOF RECORDED IN DITCH BOOK 2A AT PAGE 245. COUNTY OF PITKIN. STATE OF COLORADO. Parcel ID Number: 273501308004 Â· which currently has the address of 1300 MOUNTAIN VIEW DRIVE IStreet] ASPEN [city], Colorado 81611 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances. and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property. " BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record and liens for taxes for the current year not yet due and payable. THIS SECURITY INSTRUMENT combines uniform covenants for nat)6hal use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform secu.Ak instrument covering real property. EMERICK 045-33 045-33 0 ~-6(CO) 100061 7.- -/ Form 3006 1/01 Â® p.08 3 of 16 NETAN FOR PER'*1,&â‚¬WT 'RE - ir'@ . Ill 1 11 1 1 '11 .....9 1 11, 1 UL- 1 ! 0 : 111,1,1,1 ; 1 1 1 1 1 1 1 1 1 i File Edit Record Navkate Form Reports Tab Help Â«,Â«IP @ Litil %# / a.: + 4 C 1% C 7 i RoutiwH,stow I Conditions 1 Subtermits ~ Valuation 1 Public Comment 1 * ~ Main :~ Roiltirig Status j Arch/Eng } Pateek I Custom Fjelds } Fee: I Fee Summarl! 1 8ctions ~ ~ Permit Type ~ Permit# ~0016.2004.ASLU ~ Addiess ~130616iFITAINVIEW DR - "-Y-w ~ ~ Apt/Suite ~ Slate {Ei-3 ~ Ci~|ASPEN --Â·Â· ~ E Ze ~81611 li y ' 4~11- I -IMI --IV- i# ~ Peimit Itlformation " 7 ~ Master Pe,mit 1 'r) Routing Queue Gilt; Applied 103/12/2004 19 Proiect ~ Status Ipending Amond 1 11 ~ DescriptioniDESIGN REVIEWAPPEAL Issued Anal ~ .*J e ~ Submitted JOHN C EMERICK 925Â·4281 Clock |Aunning Days ~-0 Expires 103/07/2005 _j 9 f Visible on the web? PeinMt ID 30365 2 3 0 Wnef i Last Name 4EMERICK 1X Fifst Name ~JOHNCI~SHEICIEYQ |ASPEN CO 81611 Fie-MOUNTAIRREWEA Phone (370} Â§25i281 ji 37 Ownerls Applicant? h Applicant * i Last Name EMERICK | F.*Name~OHNCLSHELLEYW l'1300 MOUNTAIN VIEW DR Â·Â·: ~ASPEN CO 81611 1 Phone ~(970) 9254281 Cust# 124798 23 1 y~y,I -H -I -1 14 i 3 10 Enter the permit tppe code ,#al Record: 1 of 1