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Home My WebLink AboutLand Use Case.1445 Red Butte Dr.0005.2006.ASLUi 11 7 y City of Aspen Community Development Dept. CASE NUMBER 0005.2006.ASLU PARCEL ID NUMBER 2735-01-3-30-002 PROJECT ADDRESS 1445 RED BUTTE DR PLANNER JENNIFER PHELAN CASE DESCRIPTION PROPOSE TO INCLUDE BASEMENT IN ADU REPRESENTATIVE MATA DESIGN 927-1092 DATE OF FINAL ACTION 5/5/2006 12:0( PUBLIC NOTICE Of DEVELOPMENT APPROVAL ' Notice is hereby given to the general public CLOSED BY Denise Driscoll of the approval of a site specific development plan, and the creat.un 01 a vested property right pursuant to the Land Use Code of the City of As- i pen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot 12A. Quillen Subdivision, a resubdi- , vision of Lots 11 and 12. Block 1. Red Butte Subdi vision, according to the plat recorded April 18, 1986 in plat book 18 at page 64 and is more corn- monly known as 1445 Red Butte Drive. by resolu- tion of the Planning and Zoning Commission num- bered 15. Series of 2()06 on April 4,20()6. The Ap- plicant received approval of Special Review for the development of a carriage house that varies two of the design standards for accessory dwell- init units and carriage houses. For further information contact Jennifer Phelan, at the City of Aspen Community Development Dept. 130 S. Gal,Â·'Ja St, Aspen. Colorado (970) 920 s/ City of Aspen Published in the Aspen Times Weekly on April 16.2006.(3617) DATE (MM/DD/YYYY) ACORDâ€ž CERTIFICA,2 OF LIABILITY INSURA .CE 04/27/06 PRODUCER 1-860-560-2766 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher Risk Management Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 10 Columbus Boulevard ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Hartford, CT 06106 INSURERS AFFORDING COVERAGE NAIC # INSURERA: Continental Cas Co 20443 INSURED Douglass Roofing INSURERB: American Cas Co Of Reading PA 20427 7281 E 54th Place INSURER C: Commerce City, CO 80022 INSURERD: INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIDCLAIMS. INSR IADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR *NSRD TYPEOFINSURANCE POLICY NUMBER DATE (MM/DD/YYI DATE (MM/DD/YY 1 LIMITS A GENERAL LIABILITY 2050457143 05/01/06 05/01/07 EACH OCCURRENCE Sl,000,000 DAMAGE TO RENTED X COMMERCIAL GENERALLIABILITY PREMISES (Ea occurence) $300,000 MED EXP (Anyone person) $10,000 CLAIMS MADE ~ OCCUR PERSONAL & ADV INJURY S 1,000,000 GENERALAGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 7 POLICY W 52& m LOG ~ A AUTOMOBILELIABILITY 2050457157 05/01/06 05/01/07 COMBINEDSINGLELIMIT $1,000,000 (Ea accident) ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS RECEIVED (Per person) BODILYINJURY $ BODILYINJURY HIREDAUTOS NON-OWNEDAUTOS (Per accident) MAY 0 8 2006 PROPERTY DAMAGE $ (Peraccident) ASPI N GARAGE LIABILITY ANYAUTO BUILDING DEPARTMEN1 AUTOONLY - EA ACCIDENT $ EA ACC $ OTHERTHAN AUTO ONLY AGG $ A EXCESS/UMBRELLA LIABILITY 2084643695 05/01/06 05/01/07 EACH OCCURRENCE $10,000,000 ~ OCCUR ~-~ CLAIMS MADE AGGREGATE $10,000,000 $ ~ DEDUCTIBLE $ X I RETENTION $ 10,000 ~ B WORKERS COMPENSATION AND 205457160 05/01/06 05/01/07 XI wc STATU- 1 1 OTH- 1 TORY LIMITS I 1 ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT 61,000,0 00 ANY PROPRIETOR/PARTNER/EXECUTIVE INCL OFFICER/MEMBER EXCLUDED? EXCL E.L.DISEASE-EAEMPLOYEE $1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $1,000, 000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS RE: Contractors License CERTIFICATE HOLDER CANCELLATION 10 days notice due to non-payment of premium. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Aspen and Pitkin County; Community Devlopment DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 130 S Galena Street REPRESENTATIVES. Aspen, CO 81611 AUTHORIZED REPRESENTATIVE Auy-/ /1-2 USA ACORD 25 (2001/08) debkel Â©ACORD CORPORATION 1988 4232415 | 1~41>Â¢A 1 1M1 "U 1 Attel,i#Â£ f. t4 44,4 Â¢4â€¢ -â€¢- Resolution No. 15 (SERIES OF 2006) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A SPECIAL REVIEW TO CONSTRUCT A CARRIAGE HOUSE LOCATED AT 1445 RED BUTTE DRIVE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-013-30-002 WHEREAS, the Community Development Department received an application from 1445 Red Butte, LLC, requesting Special Review approval for variances from the ADU and Carriage House Design Standards for the construction of a carriage house to be located at 1445 Red Butte Drive; and, WHEREAS, the Applicant's property is a 31,755 sq. ft. lot located in the R-30 Zone District; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the Special Review Standards; and, WHEREAS, upon review of the application, site visits, and the applicable Land Use Code standards, the Community Development Director recommended approval of the Special Review for two variances from the Accessory Dwelling Unit and Carriage House Design Standards pursuant to L.U.C. Section 26.520.080 D., finding that the review standards for the requests have been met; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the City of 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 is consistent with the goals and objectives of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission approves with conditions, the Special Review request to construct a carriage house at 1445 Red Butte Drive, by a vote of five to zero (5 - 0), and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED by the Commission: Page 1 of 5 Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Special Review approval for two variances from the Accessory Dwelling Unit and Carriage House Design Standards (L.U.C. Section 26.520.050 1., providing a maximum amount of net livable square feet and L.U.C. Section 26.520.050 4., requiring finished floor heights of a carriage house to be entirely above natural or finished grade) pursuant to L.U.C. Section 26.520.080 D. This approval, with conditions, will allow the Applicant to construct a carriage house located at 1445 Red Butte Drive as represented at the public hearing held April 4,2006. As a condition of approval, the mechanical room as shown iIi the application shall only service the carriage house. Section 2: 1. There shall be no excavation, storage of materials, storage of construction backfill, storage o f equipment, foot or vehicle traffic allowed within the drip line of any tree on the site. Additionally, Due to the location of excavation and work around the large cottonwoods located in the front of the structure the parks Department will require specific root protection measures to be used through out the length of the project. The proj ect representative shall meet with the Parks Department to work out these details and show these plans in the building plan set. 2. An approved tree permit is required before approval of the building permit. An approved tree permit requires a proposed landscape plan identifying trees for removal and means and schedule for mitigation. Please contact the City Forester for more information 920-5126. 3. A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. When planning for new water line and sewer taps, plan around all tree drip zones and existing vegetation. A. A formal plan indicating the location of the tree protection shall be required in the bldg permit set. B. There will be no storage of construction materials, backfill, tools or construction traffic inside o f the protective fence. C. There shall be no excavation or disturbance of the native area inside of the protective fence. D. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. 4. Parks is requiring a detailed plan outlining access to and from the construction area. Access plans should detail all vegetation protection measures and construction staging areas. 5. The primary contractor shall submit a letter with the building permit application stating that they have read and understand the conditions of approval contained herein. Page 2 0 f 5 6. The Applicant shall provide a drainage plan prepared by a licensed engineer prior to building permit issuance that demonstrates that the property's historic runoff will not be increased as a result o f the addition approved herein. 7. A Park Development Impact Fee may be applicable to the proposed development as per Section 26.610 ofthe Land Use Code. Section 3: The building permit application shall include the following: a. A copy of the final P&Z Resolution. a. The conditions o f approval printed on the cover page o f the building permit set. b. A completed tap permit for service with the Aspen Consolidated Sanitation District. c. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. d. An excavation stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department' s requirements. The construction management plan shall include an identification of construction hauling routes for review and approval by the City Engineer and Streets Department Superintendent. Also included in the CMP should be the following topic; erosion BMP's, soil stabilization, drainage impacts, and construction phasing plan. e. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. f. A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the City Engineer. A detailed demolition plan is required with attention provided to the debris and storage near the river. g. The Zoning Officer shall verify compliance with Floor Area Ratio standards. Section 4: The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal if the building is over 5,000 square feet in area. Section 5: The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City o f Aspen Water Department. Page 3 of 5 Section 6: The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Below grade development may require a pumping system. One tap is allowed for each building. Shared service line agreements will be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right o f ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Any glycol heating and snowmelt system must be designed to prohibit any discharge o f glycol to any portion o f the public and private sanitary sewer system. Section 7: A Colorado licensed engineer shall verify that groundwater will not negatively impact the proposed construction. Section 8: All outdoor lighting shall be downcast and meet the requirements of the City of Aspen Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 9: 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 10: 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. Section 11: 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. APPROVED by the Commission at its meeting on April 4,2006. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ~ 1=JIP 4.-Â»*_ J City Attorney Jasmine Tygre, Chair l/0 ATTEST: Lin k f Te ant Â£!,L .Iddlielothiad, Deputy City Clerk U Page 4 of 5 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. 1445 Red Butte, LLC -1445 Red Butte Drive, Aspen, CO Phone: (970) 544-6784 Property Owner's Name, Mailing Address and telephone number Lot 121 Ouillen Subdivision, a resubdivision of Lots 11 and 12, Block 1, Red Butte Subdivision,_ according to the plat recorded April 18,1986 in plat book 18 at page 64 (known as 1445 Red Butte Drive) Legal Description and Street Address of Subject Property The applicant has received Special Review approval to be granted two variances in the accessory dwelling unit and carriage house design standards to allow part of the accessory dwelling unit to be located below grade and to allow the net livable space of the ADU to exceed the maximum allowance for a carriage house.__ Written Description of the Site Specific Plan and/or Attachment Describing Plan Planning and Zoning Commission Resolution No. 15, Series of 2006,4/4/06 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) April 16, 2006 Effective Date ofDevelopment Order (Same as date ofpublication ofnotice of approval.) April 17, 2009 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.) Issued this 19th day of April, 2006, by the City of Aspen Community Development Director~ A~ Chris Bendon, Community Development Director , 7~c. MEMORANDUM I To: Planning and Zoning Commission THRU: Joyce Allgaier. Community Development Deputy Director ok Â»7 G JA FROM: Jennifer Phelan. Senior Long Range Planner,dE' RE: 1445 Red Butte Drive - Special Review for variances from the Accessory Dwelling Unit (ADU) and Carriage House Design Standards - Public Hearing DATE: April 4.2006 '' Applicant: 1445 Red Butte, LLC (Ken & 6/J. 'Â· 44 - . , flti Â¢1,11 1,1,1 1.1,1 Carolyn Hanilet 'P 1- 4 1 1 ', i . ..t ' #t; r.11%, 1 3 1 111 ' 4,1,~ 4 -1 ' 'LI. 1.114 M .,14, .. ', Representative: Martin Mata, Mata Design 2 i vilk Â· ,, i â€¢ . i. .' 1 6 H. Ir:Â¥,4* 11'. 1 Zoning: R-30 (Low-Density Residential) rr='~; 1.0â€ž '1~, ~ i . 1. '.111\ 1,1 . ..11 +41 Lot Size: 31,755 Square Feet ..1 11 ** 1, 1 1 11. 1 11Â» 1 1 1 1. 1 114.Â»1.1 1 .1 IN Land Use: Single-Family Residence p 1 1 .1 ' 11.... 4./17-11- 1 Request Summarv: The Applicant is request- 1445 Red Butte Drive Special Review from certain design staiidards + 4 , 41 --0 f -- iCâ€¢ - r 3 + 1 1,- 61 ..1-*r .1 1, for an Accessory Dwelling Unit (ADU) or .' -1 ,4 1.-uW ' 0 -eâ€¢.,4 * '- , L ' 4, Carriage House in order to build a Carriage ; 4 '4' 19., 1 1 4- - 1 1.-:16- . . - 4 144 44%., - 4 - -/ I House with below grade habitable space and , 47 * -Â·p*,t, 9,Â·1~'1 ;~ L ... .I . 1 1 ..4 11- to increase the maximum allowed net livable ~ 4--t :i - - -_ ~ilif~4 34- =-1 4.* 7 ..1 square feet. \ 111 -4 4 Staff Recommendation: Approval with Ila conditions of the variances from the Design - Standards for ADUs and Carriage Houses. 1445 Red Butte Drive Land Use Requests: The Applicant is proposing to build an accessory dwelling unit (ADU) on the property known as 1445 Red Butte. The unit is proposed to contain sub-grade livable floor space and the Applicants are requesting the following land use approvals: â€¢ Special Review approval for a variance from the Accessory Dwelling Unit and Carriage House Design Standards pursuant to L.U.C. Section 26.520.080 D., Special Review. The Applicant is requesting a variance from L.U.C. Sections: Page 1 of 3 1) Section 26.520.050 1., w'hich requires an ADU or carriage house to contain a maximum amount o f net livable square feet; and. 2) Section 26.520.050 4.. which requires finished floor heights of the ADU or Carriage House to be entirely above the natural or finished grade. REVIEW PROCEDURE: A development application special review shall be approved, approved with conditions. or denied after review and consideration during a duly noticed public hearing by the Planning and Zoning Commission under L.U.C. Section: 26.520.080 Dâ€ž Special Review. PROJECT SUMMARY: The Applicant has requested approval to build a Carriage House (an ADU must contain between 300 and 800 net livable square feet while a carriage house must contain between 800 and 1,200 net livable square feet) with 1,756 net livable square feet. The total net livable square feet is divided into 906 square feet (not including the stairwell) on the ground floor and 850 square feet in the basement. KTAFF ANALYSIS: Special Review for Variances from the Design Standards for Accessory Dwelling Units and Carriage Houses: Carriage house design standards require that the carriage house provide a certain amount of above-grade net livable square feet. As proposed, the above-grade net livable square feet on the ground at 906 square feet falls within the 800 and 1.200 net livable square feet required for a carriage house. The Applicants have asked to add a full basement to the carriage house to add to the livability of the dwelling and to provide a practical solution to the presence of a high ground water table. Designing the structure so that it is, "as simple and monolithic as possible with minimum or no penetrations through the waterproofing membrane.. .is the most practical way to achieve sound waterproofing." One of the primary goals of the ADU/Carriage House program is to provide viable housing opportunities fbiÂ· working residents. The unit proposed is a detached unit that is proposed with a.tull basement. All of the typical living areas: bedrooms, bathroom, kitchen and living room of an ADU or carriage house are provided above-grade and the above-grade space is within the required range of net livable square feet for a carriage house. The addilional haveniem floor area will provide a multi-purpose room. laundry space, and storage which increases the livability of the carriage house. The mechanical room, as proposed, is designed to serve the entire property. As noted in the Design Standards (Section 26.520.050 1.b)), utilities must be separately accessible. The only access to the mechanical I'()(Ml with the shared mechanical equipment is through the carriage house. Stall would recommend that either the design of the building be amended to allow mr a separate access or #,r the mechanical room to only serve the carriage house. Lastly, the basement addition will not impact the visual character of the property and will look like a subordinate building to the primary residence. Based upon the variance criteria, Stall is recommending that the two variances be granted: however, Staff would recommend Page 2 of 3 that the mechanical room be required to either onlv serve the carriage house or be designed so that access to the room is not through the carriage house. D. TREE REMOVAL AND CONSTRUCTION TECHNIQUES: The Parks Department has reviewed the development proposal and has approved the developmeiit approval. The Applicant must obtain a tree removal permit from the City of Aspen Parks Department prior to removing any trees. ,Staff has proposed a condition of approval that would require the Applicant to meet the requirements of the Parks Department within the resolution. E. PARK DEVELOPMENT IMPACT FEE: The Applicant is required to pay a Park Development Impact Fee for additional bedrooms added to the site pursuant to Land Use Code Section 26.610, Park Development Impact Fee. Staft has included a condition of approval in the proposed resolution requiring that a Park Development Impact Fee, ifapplicable, be paid prior to building permit issuance. ~TAFF RECOMMENDATION: In reviewing the proposal. Staff believes that the request meets the special review standards that are set forth in Land Use Code Section 26.520.080(D), Special Review. Staff recommends the Planning and Zoning Commission approve this Special Review application with the conditions proposed in the attached resolution. Section 1 of the resolution includes the condition that the mechanical room only service the carriage house or an alternative access to the room be provided. If the Planning and Zoning Commission does not agree with the condition, the last two sentences of Section 1 should be deleted. RECOMMENDED MOTION: "I move to approve Resolution No. 15, Series of 2006, approving with conditions. a Special Review to approve variances from the ADU and Carriage House design standards to construct a carriage house located at 1445 Red Butte Drive as the request meets the review standards of Land Use Code Sections 26.520.080 D., Special Review." ATTACHMENTS Exhibit A -- Review Criteria & Staff Findings Exhibit B -- Application Exhibit C -- Addendum to the Application Exhibit D -- Email Correspondence from Roland Fischer dated 3/20/06 Page 3 of 3 Resolution No. 15 (SERIES OF 2006) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A SPECIAL REVIEW TO CONSTRUCT A CARRIAGE HOUSE LOCATED AT 1445 RED BUTTE DRIVE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-013-30-002 WI-IEREAS, the Community Development Department received an application from 1445 Red Butt LLC, requesting Special Review approval for variances from the ADU and Carriage House Design Standards for the construction of a carriage house to be located at 1445 Red Butte Drive; and, WHEREAS, the Applicant's property is a 31.755 sq. ft. lot located in the R-30 Zone District: and. WHEREAS, the Cornmunity Development Department Staff reviewed the application for compliance with the Special Review Standards; and, WHEREAS, upon review of the application, site visits, and the applicable Land Use Code standards. the Community Development Director recommended approval of the Special Review for two variances from the Accessory Dwelling Unit and Carriage House Design Standards pursuant to L.U.C. Section 26.520.080 D., finding that the review standards for the requests have been met: and. WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director. and has taken and considered public comment at a duly noticed public hearing: and. WHEREAS, the City of 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 is consistent with the goals and objectives of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission approves with conditions. the Special Review request to construct a carriage house at 1445 Red Butte Drive. by a vote of to C - __). and. WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED by the Commission: Page 1 of 5 Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code. the Planning and Zoning Commission hereby approves Special Review approval for two variances from the Accessory Dwelling Unit and Carriage House Design Standards (L.U.C. Section 26.520.050 1.- providing a maximum amount of net livable square feet and L.U.C. Section 26.520.050 4., requiring finished floor heights of a carriage house to be entirely above natural or finished grade) pursuant to L.U.C. Section 26.520.080 D. This approval, with conditions. will allow the Applicant to construct a carriage house located at 1445 Red Butte Drive as represented at the public hearing held April 4, 2006. As a condition of approval. the mechanical room as shown in the application shall only service the carriage house. If mechanical equipment serves any other part of the property. the mechanical room shall be designed so that access to the mechanical room is not provided through the carriage house. Section 2: 1. There shall be no excavation. storage o f materials, storage of construction backfill. storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on the site. Additionally. Due to the location of excavation and work around the large cottonwoods located in the front of the structure the parks Department will require specific root protection measures to be used through out the length of the project. The project representative shall meet with the Parks Department to work out tliese details and show these plans in the building plan set. 2. An approved tree permit is required before approval of the building permit. An approved tree permit requires a proposed landscape plan identifying trees for removal and means and schedule for mitigation. Please contact the City Forester ' for more information 920-5126. 3. A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. When planning for new water line and sewer taps. plan around all tree drip zones and existing vegetation. A. A formal plan indicating the location of the tree protection shall be required in the bldg permit set. B. There will be 110 storage of construction materials, backfill, tools or construction traffic inside of the protective fence, C. There shall be no excavation or disturbance of the native area inside of the protective fence. D. This felice must be inspected by the city forester or his/her designee (920- 5120) before any construction activities are to commence. 4. Parks is requiring a detailed plan outlining access to and from the construction area. Access plans should detail all vegetation protection measures and construction staging areas. Page 2 of 5 5. 4 lie primary contractor shall submit a letter with the building permit application stating that they have read and understand the conditions of approval contained herein. 6. The Applicant shall provide a drainage plan prepared by a licensed engineer prior to building permit issuance that demonstrates that the property's historic runoff will not be increased as a result of the addition approved herein. 7. A Park Development Impact Fee may be applicable to the proposed development as per Section 26.610 ofthe Land Use Code. Section 3: The building permit application shall include the following: a. A copy ofthe final P&Z Resolution. a. The conditions of approval printed on the cover page of the building permit set. b. A completed tap permit for service with the Aspen Consolidated Sanitation District. c. A drainage plan. including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. d. An excavation stabilization plan. construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes for review and approval by the City Engineer and Streets Department Superintendent. Also included in the CMP should be the following topic; erosion BMP's, soil stabilization, drainage impacts. and construction phasing plan. e. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. f. A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the City Engineer. A detailed demolition plan is required with attention provided to the debris and storage near the river. g. The Zoning Officer shall verify compliance with Floor Area Ratio standards. Section 4: The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal ifthe building is over 5,000 square feet in area. Section 5: Page 3 of 5 The Applicant shall comply with the City of Aspen Water System Standards. with Title 25 and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code. as required by the City of Aspen Water Department. Section 6: rhe Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections 0 oof, foundation, perimeter. patio drains) to ACSD [ines shall be allowed. On-site utility plans require approval by ACSD. Below grade development may require a pumping system. One tap is allowed for each building. Shared service line agreements will be required where more than one unit is served by a single service line.Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Any glycol heating and snowmelt system must be designed to prohibit any discharge of glycol to any portion of the public and private sanitary sewer system. Section 7: A Colorado licensed engineer shall verify that groundwater will not negatively impact the proposed construction. Section 8: All outdoor lighting shall be downcast and meet the requirements of the City of Aspen Lighting Code pursuant to Land Use Code Section 26.575.150. Outdoor Lighting. Section 9: This resolution shall not affect aiiy 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 10: 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 thereolt Section 11: 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. APPROVED by the Commission at its meeting on April 4.2006. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Page 4 of 5 City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian. Deputy City Clerk Page 5 of 5 EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS Special Review Criteria for a Variance from the ADU Desien Standards. An application requesting a variance from the ADU and Carriage House design standards. or an appeal of a determination made by the Community Development Director. shall be processed as a Special Review in accordance with the Common Development Review Procedure set forth in Section 26.304. The Special Review shall be considered at a public hearing for which notice has been posted and mailed pursuant to Section 26.304.060(E)(3)(a)(b and c). Review is by the Planning and Zoning Commission. If the property is a Historic Landmark, on the Inventory of Historic Sites and Structures, or within a Historic Overlay District, and the application has been authorized for consolidation pursuant to Section 26.304, the LIistoric Preservation Commission shall consider the Special Review. A Special Review for an ADU or Carriage House may be approved, approved with conditions, or denied based on conformance with the following criteria: 1. The proposed ADU or Carriage House is designed in a manner which promotes the purpose of the ADU and Carriage House program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability. 2. The proposed ADU or Carriage House is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property. 3. The proposed ADU or Carriage House is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of on-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. Staff Finding One of the primary goals of the ADU/Carriage LIouse program is to provide viable housing opportunities for working residents. The unit proposed is a detached unit that is proposed with a full basement. All of the typical living areas: bedrooms. bathroom, kitchen and living room of an ADU or carriage house are provided above-grade and the above-grade space is within the required range of net livable square feet for a carriage house. The additional basement floor area will provide a multi-purpose room, laundry space, and storage which increases the livability of the carriage house. The mechanical room, as proposed, is designed to serve the entire property. As noted in the Design Standards (Section 26.520.050 1.b)), utilities must be separately accessible. The only access to the mechanical room with the shared mechanical equipment is through the carriage house. Staff would recommend that either tlie design of the building be amended to allow for a separate access or for the mechanical room to only serve the carriage house. Lastly, the basement addition will not impact the visual character of the property and will look like a subordinate building to the primary residence. . Page 1 of 2 Jennifer Phelan From: Martin Mata [matadesign@comcast. net] Sent: Tuesday, February 07,2006 9:03 PM To: Jennifer Phelan Subject: 1445 Red Butte Jennifer, Please add the following to our Special Review application. 26.520.080.D Special Review... fresponses in h/ue italic) 1. The proposed ADU or Carriage House is designed in a manner which promotes the purpose of the ADU and Carriage House program (The additional space makes the unit more livable and more appealing m a wider range ofpotential employees and does so without adding to the visible mass. ), promotes the purpose of the zone district in which it is proposed Rhe proposed ADU is a customary acces,worv use allowed in the R-30 zone District), and promotes the unit=s general livability (the general livability is enhanced by U Basement space would locate storage out: ofthe prime living area as well as provide a greater overall quamity and quality of smrage Â®r the occupanl and 2 J The proposed *ving 'Mi'es located in the basement space woidd be uses commonly tbund in below-grade spaces such Lis firmily/ niedia room. exercise area, office area for the management ofthe property, laundry ronni, etc. The primary living areas such as bedrooms, Mving room, kitchen, bathroonis are located entirely above gnule. Additional bedrooms niay not be created in the basement area because bedroom e,*vess requirements call not be met for the proposed structure. 2. Tlie proposed ADU or Carriage House is designed to be compatible with. and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property. (7"he unit is designed by the same designer as tile main house and is designed to be a xmaller version of the main house. The location on the properly is as Air away ah possible form the niain house and is vistially shielded by niature trees on the properly.) 3. The proposed ADU or Carriage House is designed in a manner which is compatible with or enhances the character ofthe neighborhood considering all dimensions. density. designated view planes, operating characteristics, traffic. availability of on-street parking, availability of transit services. and walking proximity to employment and recreational opportunities. (The proposed unit is ofa residential character smaller in scale to most buildings in the neighborhood and not in any designat:ed view planes. Offlstreet parking is more than required #)r the property even (dier the addition of Ihis unit. The roaring Fork River, a RI:TA bits stop and the Rio Grande und Cemetery Lane peclestrian/' bike trails 3/23/2006 Page 2 of 2 are all less than a 5 niinute walk #om the proposed unit. Thank you, please let me know if you need anything further. Martin Mata Mata Design Company 508 Lake Court Basalt, CO 81621 970 927 1092 tel 970 927 1093 fax 3/23/2006 Page 1 of 1 Exth 87 3- b Jennifer Phelan From: Roland [rolbfisc@qwest. net] Sent: Monday, March 20, 2006 2:41 PM To: Jennifer Phelan Subject: 1445 Red Butte As owner of 1460 Red Butte Drive, I have no problem with the variance on 1445. A builder once asked me about having a basement in one of the Quillen homes and I told him that he better be careful because the water table is so high. My neighbor on the west has had sump pumps running on occasion. My crawl space is usually dry. Roland B. Fischer 3/21/2006 lott\N--8 MATA DESIGN COMPANY 508 Lake Court. Basalt, CO 81621 t970-927-1092 f927-1093 matadesign@comcast.net Thursday, January 19, 2006 James Lindt City Of Aspen Planning Department Re: Special Review to Vary ADU Design Standards Parcel ID # 273501330002 Applicant: 1445 Red Butte, LLC// Ken and Carolyn Hamlet 1445 Red Butte Drive Aspen, CO 81611 Representative: Martin Mata, Mata Design Company James, The applicants, Ken and Carolyn Hamlet through 1445 Red Butte, LLC are requesting a special review to vary the ADU design standards so as to include a basement in a proposed ADU. The applicant is requesting to vary from three sections within 26.520 Accessory Dwelling Units: 1. 26.520.050 (1) ha carriage house must contain between 800 and 1,200 net livable square feet" 2. 26.520.050 (4) "The finished floor height(s) shall be entirely above the natural or finished i. grade, whichever is higher, on all sides of the structure." 3. 26.520.060 (B) Net Livable Square Footage "ADU's and carriage houses must contain certain net livable floor area, unless varied through a land use review." The code and housing office are not entirely consistent in differentiating between 'ADU' and 'Carriage house'. In discussion with staff it was decided that this structure was to be called an ADU for permitting and deed restriction purposes. However, in this particular section of the code the proposed structure is referred to as a 'carriage house'. Throughout this special review application we will continue to refer to the structure as an 'ADU' The applicants purchased this property in June of 2004 and have made Aspen their permanent residence. The applicants plan to construct an ADU (carriage house) and have submitted a building permit application (permit #0218.2005.ARBK). The present design contains 1039 gross s.f. of floor area as measured for floor area calculation purposes. Section 26.520 (1) allows 'up to 1,200 s.f. of net livable floor area and changes to that requirement through a land-use (special) review" The floor area still available to the ADU could yield a small basement space of 286 s.f. However, the applicants would like to provide a full basement under the structure for the following reasons.. 1. A basement under the unit would allow an overall improvement to the livability of the dwelling in the following manner.. a. Basement space would locate storage out of the prime living area as well as provide a greater overall quantity and quality of storage for the occupants. b. The proposed 'living; uses located in the basement space would be uses commonly found in below-grade spaces such as family/ media room, exercise area, office area for the management of the property, laundry room, etc. The primary living areas such as bedrooms. living room, kitchen, bathrooms are located entirely above grade. Additional bedrooms may not be created in the basement area because bedroom egress requirements can not be met for the proposed structure. 1/20/2006 Red Butte Special Review p.1 MATA DESIGN COMPANY 508 Lake Court, Basalt, CO 81621 t970-927-1092 f927-]093 matadesign@comcast.net 2. It is physically impractical to create a 'partial' basement. The presence of a high ground water condition requires that the entire basement be wrapped in a continuous waterproof membrane. The most practical way to achieve sound waterproofing is that the entire structure be as simple and monolithic as possible with minimum or no penetrations through the waterproofing membrane. 3. The basement space would allow for a practical and ideal location for mechanical equipment to serve the entire property. Section 26.520.2.b specifically sates that shared utility services are not precluded. 4. There is virtually no visual impact to or from the exterior of the structure as a result of the basement space being requested. The only visible item wil be a steel grate covering a required egress well. The Hamlet's desire is to provide housing to employees that tend to their personal and business needs. The spirit of developmental changes to the ADU code over the past few years has been to make these units more livable and therefore more likely to be used for their intended purpose of housing employees. This is exactly the spirit in which this application is being made. The overall goal of the project is to make the proposed CDU as livable as possible for the occupants. Please contact me if there is a need for further information or clarifications. Thank you, -11&.alizi~ 2. Martin Mata, Mata Design Company cc: Ken and Carolyn Hamlet Contents of complete application 1, Deposit check in the amount of $1,510.00 for review fees 2. Written description of request 3. Pre-Application Conference Summary 4. Proof of ownership a. Warranty deed b. Title insurance summary 5. Authorization letter 6. Completed land use application 7. Executed fee agreement for payment 8. 8-1/2" x 11" vicinity map 9- Dimensional requirements form 10. Drawings a. Proposed site plan b. Proposed fioor plans c. Proposed elevations d. Proposed building section 11. 24x36 improvement survey 1/20/2006 Red Butte Special Review p.2 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt 429-2763 DATE: 1/9/06 PROJECT: 1445 Red Butte Drive REPRESENTATIVE: Martin Mata OWNER: Hamlet Residence TYPE OF APPLICATION: Special Review to Vary ADU Design Standards DESCRIPTION: The Applicant would like to include a basement in their ADU, which requires special review approval to vary the ADU design standards that are set forth in Land Use Code Section 26.520, ADUs. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.520 Accessory Dwelling Units Review by: Staff for review of completeness and recommendation on special review request, Planning and Zoning Commission for final determination on special review. Public Hearing: Yes. Referral Agencies: Housing. Planning Fees: $1320 Deposit ($1340 for 6 hrs of stafftime. Any Planner time spent over the 6 hours will be billed at $220.00 per hour.) Referral Agency Fees: $190 (Housing) Total Deposit: $1,510.00 3 To apply, submit the following information: - 1. Deposit for Review. - 22> Completed Land Use Application. Proof of ownership Signed fee agreement Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. /4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. - 7.3 An 8 1/2"by ll"vicinity maplocatingtheparcelwithinthe City of Aspen. VS. Site Improvement Survey. Proposed Floor Plans. - 10./ Proposed Elevation Drawings. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 12. Additional materials as required by the specific review. Please refer to the application packet for specific submittal requirements or to the code sections noted above. 13. 1!LCopies ofthe complete application packet and maps. HPC = 12; PZ = 10; GMC == PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff= 1 Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 9, i i wr ker c,v CITY OF ASPEN WRETT PAID HRETT F ) DATE REP DATE REP +PY Avt arugg 6~04 tit 'uf~F. 390 Â°0 2 Filed for record the day of A.D. , at 0'clock M. RECORDER.Â· F Reception No. By DEPUTY. 9 WARRANTY DEED I THIS DEED, Made on this day of May 10. 2004 , between KEITH CARLSON AND VICTORIA CARLSON of the County of and State of , of the Grantor(s), and 1445 RED BUTTS. LLC, A COLORADO LIMITED LIABILITY COMPANY wl,ose legal address is : P.O. BOX 7135, 7098 VIA MONALEX RANCHO SANTA FE. CA 92 067 of the County of and State of CALIFORNIA , of the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sim of C ~10. 00 ) TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargalned, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the 1 real property, together with improvements, if any, situate, lying and being in the County of t PITKIN and State of Colorado, described as follows: LOT 12A, QUILLEN SUBDIVISION, A RESUBDIVISION OF LOTS 11 AND 12, BLOCK 1, RED BUTTE SUBDIVISION, ACCORDING TO THE PLAT RECORDED APRIL 18, 1986 IN PLAT BOOK 18 AT PAGE 64. COUNTY OF PITKIN STATE OF COLORADO ~ also known as street :u~ber 1445 RED BUTTE DRIVE. ASPEN, CO 81611 TOGETHER with alt and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE ANDTO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible ~ estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, enc-brances and restrictions of -atever kind or nature soever, EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2004 AND SUBSEQUENT YEARS, AND EXCEPT THOSE MATTERS AS SET FORTH ON EXHIBIT â€¢A" ATTACHED HERETO AND INCORPORATED HEREIN The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against alt and Every person or persons lawfully claiming the whole i or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. KE~" CARISm, n / 1 1 14 1 0----- By: I U V A C (,1 1 4 K..0â€žal : STATE oF COLORADO ) VIC*ORIA CARLSINT )IS- County of PITKIN ) MmuiINIHIMIHIM,mimmuM,Imm 06/18/2004 04:1BP 498835 Page: 1 of 2 SILVIA DAVIS PITKIN COUNTY CO R 11.08 D 390.00 The foregoing instrlment was acknowledged before me on this day of May 10, 2004 by KEITH CARLSON AND VICTORIA CARLSON My cognission expires Witness my hand and official seat. 1*14 4 &14:Â«- JANICE L. JOHNSON 1 6, Name and Address of P+son INUIN1Neil~66*ted leÂ¢al Descriptip,+ 38-35-106.5, C.R.0) Escrow# Q385314 L-255222208!2.1 ecorded Rely'-4 to Gartel# 4 Heck+- t Title# 0385314 ~A, Coty,rrA,nknE*es Aplit.2008 , 6D t E th'- 41'e 2 Form AP fll/11/111 in r-.ca .. 498835 ' MA: (Jkil3 TRNISFER DECLARATION RECEIVED 06/18/2004 EXII!11!T A ILIGHT OF PROPRIETOR OF A VEIN OR 1.01)H 1'0 fiXTRAC T AND REMOVE IllS ORE FliP.REFROM Sll<)111.1) 1'11[ SAN.11: 1,13 1Â·'01 }NI) '11) 1'13NliTRATH OR INTENSE(T Tile PREMISHS AS RESERVED IN 1 IN I-I liD X I'ATI:N PATENT R 13(1 )Ill )111) A t IC it JST 16. IHIW. IN BOOK 55 AT PAGE 5. R ESTRICTI VE C 'OVENANTS. W 111( 11 1)0 NOT CONTAIN A FOR[:El'H IRE OR REVERTER CLAUSE. AS CONTAINED IN INSTRUMENT RECORDED SEPTEMBER 23.1960. IN ROOK 191 AT l'AGE 598 ANT) AS AMENDEl) I N INSTRI IMENT RECT)RDED Jl INE 21, 1979 IN HOOK 371 AT PAGE 116 AND AS AMENDED IN INSTRUMENT RECORDED AtiGIJST li. 1980 IN BOOK 393 AT l'AGE 2(H) AND AS AMENDED IN INSTRUMENT R liCOR11 111) Al l (il}ST 15. 198{1, IN BOOK 39.1 AT PAGE 202. AND IN nOOK 412 AT PAC;13 639 AND AS AMENDED IN INSTRUMENT RECORDED IN BOOK 505 AT PAGE 36() AND AS AMENDED IN INSTRUMENT RECORDED IN BOOK 505 AT PAGE 967 AND AS AMENDED IN INSTRUMENT RECORDED IN BOOK 507 AT PAGE 594. fiASEMENTS. RIGHTS OF WAY AND OTHER MATTERS AS SET FORTII ON THE PLAT OF RED MITTE SUBDIVISION. Ill.OCK 1. RECORDED IN PLAT BOOK 2 AT PAGE 259. AND IN Pl.AT RECORDED APRIL 18. 1986 IN PLAT BOOK 18 Ar PAGE 64 UNDER RECEPTION NO. 277]57. rERMS. AC;REEMENTS, PROVISIONS. ('ON[)11'IONS AND OBLIGATIONS OF STATEMENT OF EXCEPTIONS AND 171 11.1- Sl lili)IVISION PROCUSS RECORDED APRIL 18,1986 IN BOOK .509 AT PAGE 248 AS RECUPTION NO. 277355 5 1 1112 MS, AGRI+M EN I S, PROV ISIC,NS. a)N I )11 I ONS AN 11 C )11[ .1( ;A-I'IONS 01 DECLARATION OF COVENANTS FOR THEQUILLEN SUBDIVISION RECORDED APRIL 18.1986 IN BOOK 509 AT PAGE 250 AS RECEPTION NO. 277356. THRMS. AGREEMENTS, PROVISIONS. CONDITIONS AND OBLIGATIONS OF 1:ASEMENT. REGARDING TIle. WATER WELL AND PIPELINE. RECORDED FEBRUARY 6. 1992 IN BOOK 668 AT PAGE 826 AS RECEPTION NO. 341379 AND EASEMENT RECORDED FEBRUARY 6, 1992 IN ROOK 668 AT PAGE 8.30 UNDER RECEPTION NO. 14 1 380. 1:ASEMPNTS. RIGHTS OF WAY AN l) Al.1. Oillfill MATIERS AS SHOWN ON TI IE. IMPROVEMENT SIJRVEY BY SCIIMIIESER GORDON MEY[512 DATED AUGUST 23, 2001 AS .If}BNO. 9914.98. 498835 l illi lim 111111 lui Ili 1~1 lili il lili Iii Ill 06/18/2004 04:18P Page: 2 of 2 SILVIA DAVIS PITKIN COUNTY CO R 11.el D 390.00 Land Title Guarantee Company Date: July 26,2004 1445 RED BUTTE, LLC A COLORADO LIMITED LIABILITY COMPANY C/O GARFIELD & HECHT 601 E. HYMAN AVENUE ASPEN, CO 81611 CHRIS Enclosed please find the title insurance policy for your property located at 1445 RED BUTrE DRIVE ASPEN CO 81611 The following endorsements are included in this policy: Deletion of Standard Exception(s) 6 Please review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions regarding your final title policy, you may contact Title Department Phone: 970-925-1678 Fax: 970-925-6243 Please refer to our Order No. 0385314 Should you decide to sell the property described in this policy, or if you are required to purchase a new title commitment for mortgage purposes, you may be entitled to a credit toward future title insurance premiums. Land Title Guarantee Company will retain a copy of this policy so we will be able to provide future products and services to you quickly and efficiently. Thank you for giving us the opportunity to serve you. Sincerely, Land Title Guarantee Company O 5.-WNo. LTFI385314 Form AO/ORT '/ Our Order No. Q385314 Schedule A Amount $3,900,000.00 Property Address: 1445 RED BUTTE DRIVE ASPEN CO 81611 1. Policy Date: June 18, 2004 at 5:00 P.M. 2. Name of Insured: 1445 RED BUrrE, LLC A COLORADO LIMITED LIABILITY COMPANY 3. The estate or interest in the land described or referred to in this Schedule and which is covered by this policy is: A Fee Simple 7. 4. Title to the estate or interest covered by this policy at the date hereof is vested in: 1445 RED BUTTE, LLC A COLORADO LIMITED LIABILITY COMPANY 5. The land referred to in this policy is described as follows: LOT 12A, QUILLEN SUBDIVISION, A RESUBDIVISION OF LOTS 11 AND 12, BLOCK 1, RED BUTrE SUBDIVISION, ACCORDING TO THE PLAT RECORDED APRIL 18, 1986 IN PLAT BOOK 18 AT PAGE 64. COUNTY OF PITKIN STATE OF COLORADO This Policy valid only if Schedule B is attached. Land Title Guarantee Company Representing Old Republic National Title Insurance Company F-- 8 I u.cy NO. LTFI385314 1 Form AO/ORT 4 Our Order No. Q385314 Schedule B This policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. TAXES FOR 2004 AND SUBSEQUENT YEARS ONLY, NOT YET DUE AND PAYABLE. 6. DEED OF TRUST DATED MAY 07, 2004, FROM 1445 RED BUTrE, LLC A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF NORTHERN TRUST BANK OF CALIFORNIA, N.A. TO SECURE THE SUM OF $2,925,000.00 RECORDED JUNE 18, 2004, UNDER RECEPTION NO. 498836. 7. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE 8. THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 16, 1889, IN BOOK 55 AT PAGE 5. 8. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED SEPTEMBER 23, 1960, IN BOOK 191 AT PAGE 598 AND AS AMENDED IN IN5rRUMENT RECORDED JUNE 21, 1979 IN BOOK 371 AT PAGE 116 AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 15, 1980 IN BOOK 393 AT PAGE 200 AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 15, 1980, IN BOOK 393 AT PAGE 202, AND IN BOOK 412 AT PAGE 639 AND AS AMENDED IN INSTRUMENT RECORDED IN BOOK 505 AT PAGE 360 AND AS AMENDED IN INSTRUMENT RECORDED IN BOOK 505 AT PAGE 967 AND AS AMENDED IN INSTRUMENT RECORDED IN BOOK 507 AT PAGE 594. 9. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF RED BUTTE SUBDIVISION, BLOCK 1, RECORDED IN PLAT BOOK 2 AT PAGE 259, AND IN PLAT RECORDED APRIL 18, 1986 IN PLAT BOOK 18 AT PAGE 64 UNDER RECEPTION NO. 277357. 10. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF STATEMENT OF EXCEMIONS AND FULL SUBDIVISION PROCESS RECORDED APRIL 18, 1986 IN BOOK 509 AT PAGE 248 AS RECEPTION NO. 277355. F- G . v.,cy No. LTFI385314 1 Form AO/ORT Our Order No. Q385314 Schedule B 11. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF DECLARATION OF COVENANTS FOR THE QUILLEN SUBDIVISION RECORDED APRIL 18, 1986 IN BOOK 509 AT PAGE 250 AS RECEPTION NO. 277356. 12. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBUGATIONS OF EASEMENT, REGARDING THE WATER WELL AND PIPELINE, RECORDED FEBRUARY 6, 1992 IN BOOK 668 AT PAGE 826 AS RECEPTION NO. 341379 AND EASEMENT RECORDED FEBRUARY 6, 1992 IN BOOK 668 AT PAGE 830 UNDER RECEPTION NO. 341380. 13. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT TO BUY AND SELL REAL ESTATE RECORDED MARCH 12, 2004 AT RECEPTION NO. 495408. 14. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS SHOWN ON THE IMPROVEMENT SURVEY BY SCHMUESER GORDON MEYER DATED AUGUST 23, 2001 AS JOB NO. 99145B. ITEM NOS. 1 THROUGH 3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELErED. 9. ITEM NO. 4 OF THE STANDARD EXCEMIONS IS DELETED AS TO ANY LIENS RESULTING FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF KE]TH CARLSON AND VICTORIA CARLSON. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF 1445 RED BUTTE, LLC A COLORADO LIMITED LIABILITY COMPANY. Wednesday, January 11, 2006 Jsmes lindt City Of Aspen Planning Department Re: Special Review to Vary ADU Design Standards Parcel ID # 273501330002 Applicant: 1445 Red Butte LLC Ken and Carolyn Hamlet 5-94Â· 69:-l 1445 Red Butte Drive Aspen, CO 81611 Representative: Martin Mata, Mata Design Company 4 1 + 10 91- James, By means of this letter we authorize Martin Mata of Mata Design Company to represent our interests in the above mentioned land use application. Thank you, 10. Ken Hamlet /7 1/1214,0 . I.1 Carolyn Hinlet ~ ATTACHMENT 2-LAND USE APPLICATION APPLICANT: Name: 1496 12â‚¬0 82-r--re i LI-L j A (20.LoiLADD LijaveÂ© Li/UhiliTY Location: 1495 Al (3414Â·c. Pli- . 1.0,Â·cl- 11.-A JoiLLE,-1 60*9,045(Â£30 COÂ»Â· 8 4 N X (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) C# 2 9 3 9 01 1 5 00 <SÂ· L- REPRESENTATIVE: 0/,1 Name: Mikt-1-14 yl/l Alk , iviatz.u Oes'ld)(A (-014Â¢Av"LT Address: 0,8 LAH-6 6-44 + 6 *Â»A-l 4- Phone #: 4 2 9 - \ 0 Cl 1 PROJECT: Name: tutÂ»-9 9.-dstkt (ACE 4-02' 13.4-bau e~A-Â· Address: Phone #: TYPE OF APPLICATION: (please check all that apply): D Conditional Use O Conceptual PUD D Conceptual Historic Devt. D Special Review D Final PUD (& PUD Amendment) U Final Historic Development D Design Review Appeal U Conceptual SPA D Minor Historic Devt. U GMQS Allotment U Final SPA (& SPA Amendment) D Historic Demolition 11. O GMQS Exemption U Subdivision U Historic Designation D ESA-8040 Greenline, Stream U Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane U Lot Split U Temporary Use U Other: 2 Lot Line Adjustment D Text/Map Amendment EXISTING CONDmONS: (description ofexisting buildings, uses, previous approvals, etc.) '1 6 Re 1 PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) f 'Â° 90 5 e 4-c 246/ L 1 61 f_ i>~.Â·~e_jv~eâ€ž *Â·Â·~4- 41 A~Â·.C) L Have you attached the following? FEES DUE: $ i, FLOÂ· 0.3 63 Pre-Application Conference Summary E Attachment #1, Signed Fee Agreement D Response to Attachment #3, Dimensional Requirements Form [2] Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans thatare largerthan 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. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees 'Ali CITY OF ASPEN (hereinafter CITY) and 199 9- iL-ek 6344-Â·6 ., Ll_ C... r,LV ldâ‚¬,t<i CroÂ¢061(A ttl/,Â»lt=t Â· (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLfCANI has submitted to CITY an application for , 1 j Appe ot ..\ l, LE.Vi C.Â·L-3 -tr, l j (PeT 4 10 06 64 i *\ M btvt~Â·Â«Uve::kS . (hereinafter, TUE PROJECT). 0 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 payment 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 of 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 12. full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ l ; 5-1 63'0" which is for (0 +Wtv'**g 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 ofthe application mentioned above, including post approval review at a rate of $220.00 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 APPLICANT By: By: C~t .4-447:Â« CHtu-L- {) e vf'ia Cs . Chris Bendon Ell-l 5.00 Community Development Director Date: Mailing Address: 9 *3- A-Â«LE-- L JUT -f ~/19 A 111,4 0- 6; k lu -z~,4 I g:\support\forms\agrpayas.doc 1/10/01 VICINITY MAP Hamlet Residence 1445 Red Butte Drive, Aspen 1445 Red Butte Drive 1 10 iRoaring Fork River I 0 10 l A i I 253IJ 0 \IN t i 1/1 17 t 0 0~ S Ci 2 13. :R.7-Â·~5.-'f,riÂ·,Â¥,~::...~f.~ %32*-.-Â·Â·-AÂ·~P. i I $ 1 1 1 + I ..M. I.:. . I.,1- . , 691.t{.. 4. -1.ft-:...c-Â·4' ' l col \\ d 0-9 R 3 01 'En n R [an \\ - 1 CD C> 52!490\ D CE] 3 1 L.J O 00 m Ah | | A r ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: BÂ»16 4 Res tie a ce AOLI 23 6,45>â‚¬..kel/Lt~~ Applicant: \495 9-el Bo-l -to LLC// gle.a 47 Clvol'~A liwl'ulat- Location: \KH 9 (2 1 6 4 U- 2 1 61â‚¬ , Al Q â‚¬ n . Zone District: FL- 3 0 Lot Size: 31 , 1- 55- 4 Lot Area: 3 l . 1 55 * (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 ofresidential units: Existing: 1- Proposed: L t..4 + ( 1 A,4,2 Aft#J ) Number ofbedrooms: .Existing: 1 Proposed. ~ 11*Â§ 4 (2- M *00 a tw/) Proposed % of demolition (Historic properties only): - DIMENSIONS: Floor Area: Existing: 99 4 l. 1- Allowable: 5505 . S Proposed: \09>19 (90) Principal bldg. height: Existing: \ 9 Fr Allowable: 1-9" . Proposed: - 14. Access. bldg. height: Existing: ./- Allowable. 26-fl Proposed: \ 4" I On-Site parking: Existing: %> Required: 2> Proposed: 1 â‚¬*D V.o.Ae Â«LA-,2 % Site coverage: Existing: - Required. Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: - Required: Proposed: Rear 4421.Â· Existing: 99Â¥1 Â· Required: 5 " . Proposed: \ (/1. Combined F/R: Existing: - Required: Proposed: l . 0 Side Setback: Existing: t>G -3 Required: lor ' Proposed. 4 3- '= Side Setback: Existing: - Required: Proposed: Combined Sides: Existing: - Required: Proposed: Distance Between Existing - Required: \ 6 0 Proposed: 5 1-F r . Buildings Existing non-conformities or encroachments: fojo Â© E A. Variations requested: )~-ir (:-~ i A/\E >dgi('heÂ·Â·~42Â·Â·.W~ .~ki AfL\/t--litÂ¢~~2 1 ]4-4-4-Y> GE- . MATA DESIGN COMPANY F- - -222-38'ycâ€¢,- , ./ I ff 1 1 -- -69 . 17*% SFE:- ' :1 1 t-â‚¬ U.~p i . t.Â»3 0~-- . ---.. 053 -~/- ..' t'' KLV- - -- ->-/' / 1 , Â·i-- 32 Â£ -8 ---- & 3u .- 1 1 4 . 11 - -__~41*~ ] _ 7-*4~ -4 <- -'Eq~'41~ pi)-- ~i~~ - ! 00 c - - r - L .41 19 9 4 1131 %00 - .- . X 4:-3 - 1 mf.. 9&4 - 17.~~ Cy.... 1 - 7 1 9 3, 1~ . i 11 - . <. / ; ; 03 1- I 11 t =,6. 1 . I &,0 0. 4 - I. 1 /3 ' - existing main z / .. i 1 . house ~5. t r.1 - h - - :'_d , â‚¬ 1 /' A 1 r . 4. 1 5. 1. W. . A c c. 1. iâ€¢ 1, P , LA 5. 2. 2 1>/ki'WA -/ : /- FAÂ· --=:10 -- - .m* b . . . 4 1 b C -. U t.4.3 . 2'Z,3 *\ ' <3 6 . 1 -14@ space for ' t . ----- 1 Â£*ge-se i : *53 ~ -49 1 , Existing Driveway ~ 3 2_ i _-----~ 5 T>41. ' Â£1- .-trbob,22.3 , 7-.7- - 1.0. --46â‚¬7, C / / I / / I -- A-. l -/t 390 s.f. ---u. 2--Fit . ----â‚¬4Â£- - -412&-4-~~-- > 4 0-<:> , 6 4 2 - 9 Proposed Site Plan Scale: 1"=30'-0" 1/19/2006 Red Butte Special Review 0-9>/ 1 1~247*2,- i 9)( i -- - - 1-0(;. MATA DESIGN COMPANY . - Il r I.- I Hecu. rr- -20 " ,-~r- L - ~,04-Â¤' ta 4 5,-w-Â· It- C. a. len-rL.-,tot-'-U 1-Â»47(27[ .-. -1 1 lo=K (20 LitÂ« 1 00 0 %*& N IT 'rl _ 4-7-4 Â· 11 NAuL-1- i *Â¢.2036 1 1. 011 . I {Us eL-- 7 1 900 7 30 1 1 1%,0 -ll.....6 6--+ 9 1 3,3 Yrtsâ€¢:'Ab -/56-hrÂ· â€¢ZA< -*6/6 ~r 643 - .-. Basement Level , 4 <th-aa 0 - ~pfr. 4 AeriaÂ© 16. Ground Floor Level -1 lat~ 0 4 E * -O -2 1 11 /-1 k EN-*2_ 64 | 5 0. 11 1< 0 K \3= 0 ((0 32 13Â° F =I 4.9= ==i ,/'ir~ 41===' t = 4 le-ce 'FJ - /1 Pt--~~- 1 1 Ii,- 21-1 - 1 (fl*thlÂ« 13 1.Ao le Dt . O ' 00 14Â°0 (30 ( 994rh irl px <-L . T- I C 4 1 / 1/19/2006 Red Butte Special Review MATA DESIGN COMPANY . a An O 7 -- 1 _DÂ»,6 â‚¬1_.AEZ?lE 'EN,at-GEME f -.., - -rs/&.6 , . â€¢Pin**127- E-Â·1 1 Â· ~Â· 1 1 /.Tr.0. PLATEE -: g .6 .1 1 71 1 L Â· L I 61.,1- / I h lilli Â® 1 (E) 9-1 i -- - I i - . 1. ; 1/ :4 ..b I C. 9-116 TU-24:A:Â·r, 0%: 1 1 1 T T 00)'Bouth Elevaien : Vt,/ ~1/,1 - 7-0. 1 1 4 1 0 1 0 0 e ; 3. - 6.,LA- 41 3- ./<jl- Â£ /7-1 I1 1 . 3-Â· i k \,Â·1 ,) Cd @1904... 1, . 0 M. Pir: 1--4/* . I I .1 i . I ,Â·.T,21'niN2.. - - 1 - IVEL. 100-C ' 1 1, . I Egress well for proposed ~:1, basement space _-------- ~ 1 ~p~i. 1 1 - 1 -- I.- -----6 1/20/2006 Red Butte Special Review' MATA DESIGN COMPANY 0/ (ID 1 l.7 - L r.lu _Wit_ 4 . IN --- 44 1- --er==-9 . ar- - 44- ..- t . i --r - - %---- I 0-94 7/~]l/fil~JI U 1 UD ; 1 14- A 33).9: L.321=UL-t 4 1 i A-- /, ..% G== . - - Enelep- 61 , .7.-7 .33*PL&,..i,-*r. : . I - . . /4 ,; I. i il L - -------F-*<i /.21<JU. P 1 1 1 1 1 1 rl 1 1 1 1 1 56666"le. 1 1 (~~>-73*(Flevation i 1 1 1 1 1 1 L----4------ ---..I--0- -L-----4 18. 0 0 0, 0 1 W : 7 _ c>2 44-3-Â· ct a : 4.-c ' L -- 11 4-Â·-- -4 W ' 114' . 140 ' . , Ct Mu- il 3 Cri I -- Â·-1 'tit t III :t 3 1. 0 li f RN , I -4 -/ 1 - 1 11 1 1 1 1 1 i ' 4 1 West Elevorion 1 - ~96056Ae 1 1 1/19/2006 Red Butte Special Review' MATA DESIGN COMPANY - M : ~~kzk-L p.'.06 . .121,BE-&1: 8046 . . 4 Iligiv 144__-4 1,T 444 1 131&85 1 , -%4044 -0 0 1 I - 4 1 11 - 1 . - - -11-IQ -11 ---- . - 4 19. 1 1 irr. Building Section 1/19/2006 Red Butte Special Review ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: \HI-(5 ~41 60Â·1'4-e thiue,Aspen,CO SCHEDULED PUBLIC HEARING DATE: 08 - o q , 200 42 STATE OF COLORADO ) ) SS. County of Pitkin ) MATA-in M.4 , ARB-~ Dest.r Co . (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) ofthe 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 ofAspen 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 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 Jl- day of luu-CA, 1 5 200_4â‚¬-, to and including the date and time ofthe 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) 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 all owners ofproperty within three hundred (300) feet ofthe 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 ofthis 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 o f real property in the area o f the proposed change shall be waived. However, the proposed zoning map shall be 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 The foregoing "Affidavit ofNotice" was acknowledged before me this i gy of A el \ , 2004, by AricÂ¥\n de-.306090-Nata Gafc.\C-\ r:\ *#101 flo '51/,/4 WITN~SS MY HAND AND OFFIet~L ~EAL 3 ... . ~t h /. ' > , 'J . - 5 1Â«~nission expires: MY COMMIShlph~ EXPIRES . 19- 6 U 5 1.3 2 2 4/1Â¥/22 30 01 C 1 Q Q k k k kt A 0- 5+4. I y .b.U /4,4/: I.f ablv- V Die 2. A- 4 Â¢ 02:1 21:442 7 #h' 9 4 1- W Â·'fiâ€¢e; >Â·,tÂ·Â·4111.~ ATTACHMENTS: COPY OF THE PUBLICATION 1~ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) @ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL f *,f Y .. .t . A J , 11Â» 51 tj ' Th..1 ,/ - A i pli, t. Mj '14- ... 24 0 . 9 .,4 9 .4 'fito 4Â¢, fit, -At. rr ~.Â·>e Â«-4 - 4 -Â· ,. PUBLIC NOTICE ", j 63*ff-ttt .... .7 './."'..%""'P< , f i lit/#qur DATE 14Â· *2'Ek , , 1-.-LAM/411 409Â¥66' f 'Vt TIME -41.30-ftl-_ 4 t . ..r 3 tÂ¢Â·Â· i 4 PLACE *--96*Â«~ i .A L~~~15tj PURPOSEiey-&_eMaL ittz,M-fL!~Â·RE=_126288Â£2- *Ele.5&12--hkkEEL-L- . F/Tple.*_c-Scie...,w 'pr , 4. 4 - 1 4.-Â· 95 Ge- 1-c/*-rec .1, ' ' :11 1 -p- RÂ·- A ~ - /. '~,7 7...''tvT,GE..'N.6 7 ,- : â„¢-4*4..3- -I-'ir-fi?-z~.~. , - ~.:*f - '~ - 2.-yÂ¥' 3.-0.12-9-1*6Â·.r-fet> 4,6 7 "- ' -? -5.L.9 >:99Â·- C .41. 4 J' Er.*Â¢k /'LASU.4.; 72~~ .- - CZ/-. ,twe 44â‚¬*.A.~~:fÂ·'-;2 - '. 2.17 Wew .. â€¢4 - 7' r 1621 7 1,1[4- -t- 31 , 8 " 'i Â· 4 + t. ..r 3,7 d.*411. t . 1445 Red Butte Drive Hamlet Residence Special Review .... ASPEN VALLEY LAND TRUST AUSTIN ASPEN TRUST 39.47% BELLOCK CHUCK PO BOX 940 3055 CRABAPPLE RD 2500 ARAPAHOE AVE #220 ASPEN, CO 81612 GOLDEN, CO 80401 BOULDER, CO 80302 BRINT STEPHEN F BROWN MARK DIAMOND SARAH 34 NASSAU DR 3515 S OCEAN BLVD PO BOX 4627 METAIRIE, LA 70005-4463 HIGHLAND BEACH, FL 33487-3301 ASPEN, CO 81612 FISCHER ROLAND B & GERTRUDE B FISHER ROBIN 20% FORTIER TIMOTHY J & LISA A 12035 APPLEWOOD KNOLLS DR 3250 MARY ST 1465 RED BUTTE DR LAKEWOOD, CO 80215 MIAMI, FL 33133 ASPEN, CO 81611 HEYMAN RALPH E TRSTE KELLER ANNETTE S 59.8485% LEFTON DONALD E 60% INT 10 COURT HOUSE PLAZA SW 1430 RED BUTTE DR 3250 MARY ST SUITE 1100 ASPEN, CO 81611 MIAMI, FL 33133 DAYRON, OH 45401 MORRISON MADELEINE OGILVY JEANETTE PROPERTY MANAGEMENT LLC 2500 ARAPAHOE AVE #200 500 E PUTNAM AVE PO BOX 241 BOULDER, CO 80302 COS COB, CT 06807-2520 SNOWMASS, CO 81654 TRANSIERRA CORPORATION TABATCHNICK LON 20% TRIPPLEHORN FAMILY PARTNERSHIP C/O ROBERT E PATTERSON 3250 MARY ST PO BOX 100279 600 HANSEN WAY MIAMI, FL 33133 FT WORTH, TX 76185 PALO ALTO, CA 94304-1043 \Â»ly- (41- LA'U_ , AS r . (4.l j- (UtA.-ce- Sp. AQ-.0 . AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 1,14-s Rect kwo_ , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 4 1 W- lofo , 200___ Lt.Â£ t STATE OF COLORADO ) ) SS. County of Pitkin ) I. 1-Â«s U Vr}1- (name, please print) being or representing ali 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: /f= 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, . ' 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 all owners of 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 ofa 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 shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. (4Â«62Â«04 *fnature The foregoing "Affidavit of Notice" was aGN@wledged before me this0-20'flly of ivlk Â¥-Ch , 200*by g 0fn&**%4+146- WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 4 12/16l 01 I 1'4 l.4 /Â©li/M (/LÂ«n Notary Public 4 <*3641.. . 2 7 Â®13~(\ :S l,1 . 1 h\I .7,25'(-# .7 6~ c ATTACHMENTS: 4.. C .... ... -- r My Commission Expires 09/232000 COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) PL,BLiC NOTICE | LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED l NOnCE E HEREBY GIVEN that a public RE: 1445 RED BUTTE DRIVE. SPECIAL REVIEW BY MAIL a meeting te begin at 4:30 p.m. before the Aspen hearing will be held on Tuesday, April 4,2006. at Pjanning and Zoning Commission, Sisters City Room. City Hall, 130 S. Galena St. Aspen, to con- sider an application submitted by 1445 Red Butte LLC, 1445 Red Butte Drive. As- pen, CO 81612, which is the owner of the subject property. The applicant requests Special Review approval to be granted a variance in the accesso- ry dwelljng unit and carriage house design stand- ards to allow part of the accessory dwemng unit to be located below grade. The property is legally described as Lot 1 ZA. Quillen SubdiÂ¥ision, a re- subdivision of Lots 1 1 and 12, Block 1, Red Butte Subdivision, according to the plat recorded April 18, 1986 in plat book 18 at page 64 and commonly known as 1445 Red Butte Drive. For further information, contact jennifer Phelan at the City of Aspen Community Development DeÂ· partment, 130 S. Gatena St., Aspen, CO, (970) 429.2759, jennifep@ci.aspen.co.us. 3 ~ /s/Jasmine Tygre, Chair l 1 - Published in the Aipen Times Weekly on March Aspen Planning and Zoning Commbion )- 1 19.2006.(3558) Page 1 of 3 Jennifer Phelan From: Martin Mata [matadesign@comcast.net] Sent: Thursday, March 23,2006 2:21 PM To: Jennifer Phelan Subject: RE: Last clarifications Jennifer... 906 Ground floor net not including stairs and exterior wall 1200 Allowable per code 294 Available 850 s.f. Basement net not including stairs and exterior wall, including a potion of closet under stairs 556 amount over allowable requested in application 1756 net size of unit with full basement.. 906 upstairs, 850 in basement. These floor areas are based on actual construction documents for the basement which have been prepared by the owner in anticipation of the variance request being approved. Please note the importance of the physical parameter in item #2 in the application. It is much more practical to build and waterproof a basement under the entire structure because of the high ground water condition. The floor slab for this basement structure has been engineered to be 42" to 48" thick concrete. Without getting too technical, you can appreciate the extreme difficulty in stepping this type of slab to create a partial basement in a structure that is this small. This high ground water condition is driving the overall size of the basement. 3/23/2006 Page 2 of 3 Let me know if there are any further questions. Martin Mata Mata Design Company 508 Lake Court Basalt, CO 81621 970 927 1092 tel 970 927 1093 fax -----Original Message----- From: Jennifer Phelan [mailto:jennifep@ci.aspen.co.us] Sent: Thursday, March 23, 2006 1:38 PM To: Martin Mata Subject: Last clarifications Martin - I can't review the plans you submitted at the moment because we have contracted outside help with plan review and the person took them home to review. I just want to be clear in how I am reading your site plan. Presently, you are stating that the ground floor net is 913.3 SF and that the net basement square footage is what? My calculation is about 756 SF not including the stairwell for the basement. So the total net that you are asking for is what number? My math is at 1,669 SF. This is a pretty large basement and I will be running the request by Staff for a recommendation. Jennifer Phelan, Senior Long Range Planner Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 3/23/2006 Page 3 of 3 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com 3/23/2006 Page 1 of 2 Jennifer Phelan From: Martin Mata [matadesign@comcast.net] Sent: Tuesday, February 07,2006 9:03 PM To: Jennifer Phelan Subject: 1445 Red Butte Jennifer, Please add the following to our Special Review application. 26.520.080.D Special Review... (rexponxes in h/ue italic) 1. The proposed ADU or Carriage House is designed in a manner which promotes the purpose of the ADU and Carriage House program (Thc additional space makes the unit more livable and more appealing to a wider range of potential elliployees and does so withom adding to the visible mass. ). promotes the purpose of the zone district in which it is proposed (the proposed ADU is a clistomary aCCe.X.YO/7 UNC allowed iii the R-30 zone District), and promotes the unit's general livability (the general livability is enhanced by 1 1 Busemem space would locate storage out Of'he prime living area as well as provide a greater overaN quantity and quality ofstorage #,r the occupant and 2 1 The proposed 'living' uses located in the basement space woitld be uses commonly.found in below-grade spaces such as filmily/ media room, exercise area, office (11'ea #,r the management of the property. laundry room, etc. The primary living area.s such us bedrooms, living room, kitchen. bathrooms are located entirely above grade. Additional bedrooms may noi he cremed in Ihe basemem area because bedroom egress requirements can noj be met for the proposed st]*ticture. 2. The proposed ADU or Carriage House is designed to be compatible with, and subordinate iii character to. the primary residence considering all dimensions, site configuration, landscaping. privacy. and historical significance of the property. (the unit is designed by the same designer as the main house and is designed to be a snialler version ofthe main house. The location on the properly is as flir away its possible.fbrm the main house and is visttally sliielded by niature trees on the properly.) 3. The proposed ADU or Carriage House is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes. operating characteristics. traffic. availability of on-street parking, availability of transit services. and walking proximity to employment and recreational opportunities. (The proposed unit is ofa residencial character .smaller in scale to most buildings in the neighborhood and nol in any designated view pltines. Offistreet parking is more I han required for the property even cifier the addition of this unit. The roaring Fork River, a RETA bus stop and the Rio Grande and Cemetery Lane pedestrian,/ bike trails 2/8/2006 Page 2 of 2 are all les,x Ilicin a 5 minute walk from the proposed unit. Thank you, please let me know if you need anything further. Martin Mata Mata Design Company 508 Lake Court Basalt, CO 81621 970 927 1092 tel 970 927 1093 fax 2/8/2006 .. MATA DESIGN COMPANY 508 Lake Court, Basalt, CO 81621 t970-927-1092 f927-1093 matadesign@comcast.net Thursday, January 19, 2006 James Lindt City Of Aspen Planning Department Re: Special Review to Vary ADU Design Standards Parcel ID # 273501330002 Applicant: 1445 Red Butte, LLCU Ken and Carolyn Hamlet 1445 Red Butte Drive Aspen, CO 81611 Representative: Martin Mata, Mata Design Company James, The applicants, Ken and Carolyn Hamlet through 1445 Red Butte, LLC are requesting a special review to vary the ADU design standards so as to include a basement in a proposed ADU. The applicant is requesting to vary from three sections within 26.520 Accessory Dwelling Units: 1. 26.520.050 (1) "a carriage house must contain between 800 and 1,200 net livable square feet" 2. 26.520.050 (4) "The finished floor height(s) shall be entirely above the natural or finished 1. grade, whichever is higher, on all sides of the structure." 3. 26.520.060 (B) Net Livable Square Footage "ADU's and carriage houses must contain certain net livable floor area, unless varied through a land use review." The code and housing office are not entirely consistent in differentiating between 'ADU' and 'Carriage house'.In discussion with staff it was decided that this structure was to be called an ADU for permitting and deed restriction purposes. However, in this particular section of the code the proposed structure is referred to as a 'carriage house'. Throughout this special review application we will continue to refer to the structure as an 'ADU'. The applicants purchased this property in June of 2004 and have made Aspen their permanent residence. The applicants plan to construct an ADU (carriage house) and have submitted a building permit application (permit #0218.2005.ARBK). The present design contains 1039 gross s. f. of floor area as measured for floor area calculation purposes. Section 26.520 (1) allows "up to 1,200 s.f. of net livable floor area and changes to that requirement through a land-use (special) review". The floor area still available to the ADU could yield a small basement space of 286 s.f. However, the applicants would like to provide a full basement under the structure for the following reasons. 1. A basement under the unit would allow an overall improvement to the livability of the dwelling in the following manner. a. Basement space would locate storage out of the prime living area as well as provide a greater overall quantity and quality of storage for the occupants. b. The proposed living' uses located in the basement space would be uses commonly found in below-grade spaces such as family/ media room, exercise area, office area for the management of the property, laundry room, etc. The primary living areas such as bedrooms, living room, kitchen, bathrooms are located entirely above grade. Additional bedrooms may not be created in the basement area because bedroom egress requirements can not be met for the proposed structure. 1/20/2006 Red Butte Special Review p.1 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt 429-2763 DATE: 1/9/06 PROJECT: 1445 Red Butte Drive REPRESENTATIVE: Martin Mata OWNER: Hamlet Residence TYPE OF APPLICATION: Special Review to Vary ADU Design Standards DESCRIPTION: The Applicant would like to include a basement in their ADU, which requires special review approval to vary the ADU design standards that are set forth in Land Use Code Section 26.520, ADUs. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.520 Accessory Dwelling Units Review by: Staff for review of completeness and recommendation on special review request, Planning and Zoning Commission for final determination on special review. Public Hearing: Yes. Referral Agencies: Housing. Planning Fees: $1320 Deposit ($1340 for 6 hrs of stafftime. Any Planner time spent over the 6 hours will be billed at $220.00 per hour.) Referral Agency Fees: $190 (Housing) Total Deposit: $1,510.00 To apply, submit the following information: - 1. Deposit for Review. - -) Completed Land Use Application. - Proof of ownership ) Signed fee agreement Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names ofall owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. LC O. Site Improvement Survey. Proposed Floor Plans. Proposed Elevation Drawings. - ~ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. ~. Additional materials as required by the specific review. Please refer to the application packet for specific submittal requirements or to the code sections noted above. 13. 11LCoWes ofthe complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 1 Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. W i i wr- port,NI CITY OF ASPEN WRETT PAID HRETT F ) DATE REP DATE REP 4hpy Avt 9- 98 6#404 *Ul- ipt , o'D F. 390Â·Â°0 , Filed for record the day of ,A.D. , at o'clock M. RECORDER. Reception No. By DEPUTY. WARRANTY DEED THIS DEED, Made on this day of May 10, 2004 , between KEITH CARLSON AND VICTORIA CARLSON of the County of and State of , of the Grantor(s), and 2 1445 RED BUTTE, LLC, A COLORADO LIMITED LIABILITY COMPANY whose legal address is :P.0. BOX 7135, 7098 VIA MONALEX RANCHO SANTA FE, CA 92067 : of the and State of CALIFORNIA , of the Grantee(s): County of i WITNESS, That the Grantor(s), for and in consideration of the sun of C $10.00 ) ' TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of PITKIN and State of Colorado, described as follows: LOT 12A, QUILLEN SUBDIVISION, A RESUBDIVISION OF LOTS 11 AND 12, BLOCK 1, RED BUTTE SUBDIVISION, ACCORDING TO THE PLAT RECORDED APRIL 18, 1986 IN PLAT BOOK 18 AT PAGE 64. COUNTY OF PITKIN STATE OF COLORADO also known as street runber 1445 RED BUTTE DRIVE, ASPEN, CO 81611 TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and alt the estate, right title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained ' premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grentor(s), for himself, his heirs and personal representatives, does covenant, grant, ~ bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and deli very of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, : sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other : grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, k EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2004 AND SUBSEQUENT YEARS, AND EXCEPT THOSE MATTERS AS SET FORTH ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN ~ The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole i , or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender =: shatl be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this cleed on the date set forth above. 404;0/- 1. By: . KE~11 CARLMN 1 11 . - By: lÂ¢}Px y'/,1 (I. < Â£4421>-- I STATE oF COLORADO ) VICYORIA CARLSON- - )SS. County of PITKIN ) 11â€¢111:1111111011 m.11111111 498835 SILVIA DAVIS PITKIN COUNTY CO R 11.00 D 390.00 Page. 1 of 2 06/18/2004 04:18P The foregoing instrument was acknowledged before me on this day of May 10. 2004 by KEITH CARLSON AND VICTORIA CARLSON , My commission expires Witness my hand and official seal. 1,~4 d ~~~cp~_ f-JANICE L. JOHNSON- FFE Nota,Â·4 Â¥2ty U Name and Address of P+son CNUW~(We&*)1&61Qted leat Descriptipn~ 38-35-106.5, C.R.0) Escrow# Q385314 1 STATE Ut COLORADO i J. u <51<%0\D 4 A.c.Ivt- Â· Title# 0385314 ~GlYl~,~S'8~0,1-E~~-0-~/11154.'ll~I~ecorded Re~ 691 g /14,_ Ave Form FO nl /1'in. in .... Asr~ C.!0 1514{/ 498835 , MIn : Cll[ h TRANSFER DECLARATION RECEIVED 06/18/2004 EXI111]IT A RIGHT OF PROPRIETOR 01; A \TIN OR 1.01)[i 1'0 EXTRACT AND REMOVE I ILS ORE rtIF.REFROM STIC)111.1) 1'111: SAN.11{ 1113 1Â·'01!NI) TOI'l{NliTRATI{(112 INTE.RSH'T Tile PREMISIE AS RESTERVED IN iINI-I'III) KI'All:.S PATENT RECORI)liI) AUGUST 16. I889. IN HOOK 55 AT l'AGE 5. RESTRICTIVE COVENANTS. W 1 11( -1 1 1)0 NOT' f ON'TAIN A 1Â·()141:111'11 IRE OR REVERTER Cl.AllSE. AS CONTAINED IN INSTRUMENT RECORDED SEPTEMBER 23. 1960.IN 11(}(11< I91 A'r l'AGE 598 AND AS AMENDED IN IN,STRUMIiNT RECORDED JUNE 21, 1979 IN 110(}K .171 AT PAGE 116 AND AS AM ENDED IN INSI'RUMENT RECORDED Al JCH IST 15. 1980 IN BOOK 393 AT PAGH 201) AN[) AS AMENI)13D IN INSTRUMENT IN;,CORD 111) At IGUST 15. 1980. IN BOOK .39,1 AT l'AGE 202. AND IN BOOK 412 AT PAGE 639 AND AS AMENDED IN INSTRUMENT RECORDED IN BOOK 505 AT PAGE 360 AND AS AMENDED IN INSTRlJMENT RECORI)ED IN BOOK 505 AT PAGE 967 AND AS AMENDED IN INSTRUMENT RECORDED IN BOOK .507 AT PAC;E. 594. fiASEMENTS. RIGI ITS OF WA Y AND 01111:R MATTERS AS SHT FOR'111 ON '1'l l ti PLAT OP 12131) 81"rTE SUBDIVISION, BLOCK 1, REG)RDED IN PLAT BOOK 2 AT PAGE 259. AND IN PLAT RECORDED APRIL 18. 1986 IN PLAT BOOK 18 AT PAGE 64 UNDER RECEPTION NO. 277357. I'liRMS. AGREEMENTS, PROVISIONS, CONI)11'IONS AND URl.IGATIONS OF 4 rATEMENT OF EXCEPTIONS AND 1,1 ILL .911111,[VISION PROCESS RECORDED Al'RIL 18 1986 IN BOOK 509 AT l'AGE 248 AS RPC'liPTION NC). 27715.5 5 11Â·RMS, A (; RE[:MENTS. PRE) VISIONS. (-ON[)[TIONS ANI) O 111,1 c ;Al'IONS OF [)13(-1.ARATION 01: COVENANTS FOR THE QUILLEN SUBDIVISION RECORDEl) APRIL 18.1986 IN BOOK 509 AT PAGE 250 AS RECEPTION NO. 277356. 1 liRMS. AGRElÂ·MENTS. PROVISIONS. CONDITIONS AND OBLIGATIONS OF liASEMENT. REGARDING Tile. WATER WELL AN[) PIPELINE. RECORDED FEBRUARY 6. 1992 IN BOOK 668 AT PAGE 826 AS RECEPTION NO. 341.379 AND EASEMENT RE('()RDEt) FEBRUARY 6. 1992 IN HOOK 668 AT PAGE 810 UNDER RECEPTION NO. 14 1 380. FASI:MFNTS. RIGHTS OF WAY ANI) Al 1. 0'rtltilt MAT'ItÂ·'12% AS SHOWN ON THI! IMPROVEMENT SURVEY BY SOIMUESER GORDON MEYER DATED AUGUST 23,2001 AS 1(}BNO. 9914913. 498835 Immiumm:Hm,MIi,Im,MI~I 06/18/2004 04:18P Page: 2 of 2 SILVIA DAVIS PITKIN COUNTY CO R 11.00 0 390.00 - Land Title Guarantee Company Date: July 26,2004 1445 RED BUTTE, LLC A COLORADO LIMITED LIABILITY COMPANY C/O GARFIELD & HECHT 601 E. HYMAN AVENUE ASPEN, CO 81611 CHRIS Enclosed please find the title insurance policy for your property located at 1445 RED BUTTE DRIVE ASPEN CO 81611 The following endorsements are included in this policy: Deletion of Standard Exception(s) 6 Please review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions regarding your final title policy, you may contact Title Department Phone: 970-925-1678 Fax: 970-925-6243 Please refer to our Order No. 0385314 Should you decide to sell the property described in this policy, or if you are required to purchase a new title commitment for mortgage purposes, you may be entitled to a credit toward future title insurance premiums. Land Title Guarantee Company will retain a copy of this policy so we will be able to provide future products and services to you quickly and efficiently. Thank you for giving us the opportunity to serve you. Sincerely, Land Title Guarantee Company |"- Ilicy No. LTFI385314 Form AO/ORT Our Order No. Q385314 Schedule A Amount $3,900,000.00 Property Address: 1445 RED BUTTE DRIVE ASPEN CO 81611 1. Policy Date: June 18, 2004 at 5:00 P.M. 2. Name of Insured: 1445 RED BUTTE, LLC A COLORADO LIMITED LIABILITY COMPANY 3. The estate or interest in the land described or referred to in this Schedule and which is covered by this policy is: A Fee Simple 7. 4. Title to the estate or interest covered by this policy at the date hereof is vested in: 1445 RED BUTTE, LLC A COLORADO LIMITED LIABILITY COMPANY 5. The land referred to in this policy is described as follows: LOT 12A, QUILLEN SUBDIVISION, A RESUBDIVISION OF LOTS 11 AND 12, BLOCK 1, RED BUTTE SUBDIVISION, ACCORDING TO THE PLAT RECORDED APRIL 18, 1986 IN PLAT BOOK 18 AT PAGE 64. COUNTY OF PITKIN STATE OF COLORADO This Policy valid only if Schedule B is attached. Land Title Guarantee Company Representing Old Republic National Title Insurance Company icy No. LTFI385314 1 Form AO/ORT Our Order No. Q385314 Schedule B This policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. TAXES FOR 2004 AND SUBSEQUENT YEARS ONLY, NOT YET DUE AND PAYABLE. 6. DEED OF TRUST DATED MAY 07, 2004, FROM 1445 RED BUTTE, LLC A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF NORTHERN TRUST BANK OF CALIFORNIA, N.A. TO SECURE THE SUM OF $2,925,000.00 RECORDED JUNE 18, 2004, UNDER RECEFrION NO. 498836. 7. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE 8. THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 16, 1889, IN BOOK 55 AT PAGE 5. 8. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED SEPTEMBER 23,1960, IN BOOK 191 AT PAGE 598 AND AS AMENDED IN INSTRUMENT RECORDED JUNE 21, 1979 IN BOOK 371 AT PAGE 116 AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 15, 1980 IN BOOK 393 AT PAGE 200 AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 15, 1980, IN BOOK 393 AT PAGE 202, AND IN BOOK 412 AT PAGE 639 AND AS AMENDED IN INSTRUMENT RECORDED IN BOOK 505 AT PAGE 360 AND AS AMENDED IN INSTRUMENT RECORDED IN BOOK 505 AT PAGE 967 AND AS AMENDED IN INSTRUMENT RECORDED IN BOOK 507 AT PAGE 594. 9. EASEMENTS, RIGHTS OF WAY AND OTHER MAITERS AS SET FORTH ON THE PLAT OF RED BUTTE SUBDIVISION, BLOCK 1, RECORDED IN PLAT BOOK 2 AT PAGE 259, AND IN PLAT RECORDED APRIL 18, 1986 IN PLAT BOOK 18 AT PAGE 64 UNDER RECEPTION NO. 277357. 10. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF STATEMENT OF EXCEPTIONS AND FULL SUBDIVISION PROCESS RECORDED APRIL 18, 1986 IN BOOK 509 AT PAGE 248 AS RECEPTION NO. 277355. olicy No. LTFI385314 1 Form AO/ORT Our Order No. Q385314 Schedule B 11. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF DECLARATION OF COVENANTS FOR THE QUILLEN SUBDIVISION RECORDED APRIL 18, 1986 IN BOOK 509 AT PAGE 250 AS RECEPTION NO. 277356. 12. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF EASEMENT, REGARDING THE WATER WELL AND PIPELINE, RECORDED FEBRUARY 6, 1992 IN BOOK 668 AT PAGE 826 AS RECEPTION NO. 341379 AND EASEMENT RECORDED FEBRUARY 6, 1992 IN BOOK 668 AT PAGE 830 UNDER RECEPTION NO. 341380. 13. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT TO BUY AND SELL REAL ESTATE RECORDED MARCH 12, 2004 AT RECEPTION NO. 495408. 14. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS SHOWN ON THE IMPROVEMENT SURVEY BY SCHMUESER GORDON MEYER DATED AUGUST 23, 2001 AS JOB NO. 99145B. ITEM NOS. 1 THROUGH 3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED. 9. ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS RESULTING FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF KEITH CARLSON AND VICTORIA CARLSON. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF 1445 RED BUTTE, LLC A COLORADO LIMITED LIABILITY COMPANY. ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: Name: illyg Rep Be-rriz , LLC, A 6 01.00(UD o LI,uvreÂ© Li ABILITY Location: 1495 (41 6 04 4 21- bo-r 11 A (001 1-LEK' 60,0 ld(5(00 CO- 2 Ar N T (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) <4 3 + 36- e l 5 5 00 0 L- REPRESENTATIVE: Name: Mwt -fia *l Â£474 1 NUL- 05&1 9 n COA,LecKAT Address: 906 bawÂ·-6 LARA , 6 452 4- Phone #: (42 4 - 5061 1- PROJECT: Name: %,udeA- 9.-Â©646 40Â© 400 /E>Â»eAAâ‚¬.fec~- . Address: Phone #: TYPE OF APPLICATION: (please check all that apply): U Conditional Use U Conceptual PUD E Conceptual Historic Devt. El Special Review D Final PUD (& PUD Amendment) U Final Historic Development U Design Review Appeal El Conceptual SPA U Minor Historic Devt. U GMQS Allotment [3 Final SPA (& SPA Amendment) El Historic Demolition 11. U GMQS Exemption U Subdivision El Historic Designation El ESA-8040 Greenline, Stream U Subdivision Exemption (includes El Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Â£ Lot Split El Temporary Use D Other: U Lot Line Adjustment U Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) A b 4\ e . PROPOSAL: (description of proposed buildings, uses, modifications, etc.) ~:rr.Â¤ Po Se U Â»cl u le- 6/se-*e AL k) A..2 0 Have you attached the following? FEES DUE: $ \, 90Â· 60 8 Pre-Application Conference Summary 21 Attachment #1, Signed Fee Agreement 2 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. RETAIN FOR PERMANENT RECORD CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and 194 5 ~-e~ 80-14-â‚¬ j L_L C.Â·Â· ~ l4~ji LATO~L~M ~~V"L~u~ . (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLI~CANIhas submitted to CITy an application for 4:'Fe or *\ IjlÂ·e-ur to-3 -4 46+~ A- DO OestÂ·y~ 9.6,-1-wls . (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 payment 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 of 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 12. full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ < jâ‚¬~ID 'd" whichis for (0 +Ov#A,j 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 $220.00 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 APPLICANT By: CMÂ·(14-L Kl_Ousrip~ (* 0 By: Chris Bendon 0(-le'-040 Community Development Director Date: Mailing Address: etp %4Â£- (a-)~t 13Â»24 0-0 & (61< . g:\support\forms\agrpayas.doc 1/10/01 RETAIN FOR PERMANENT RECORD Wednesday, January 11, 2006 Jsmes lindt City Of Aspen Planning Department Re: Special Review to Vary ADU Design Standards Parcel ID # 273501330002 Applicant: 1445 Red Butte LLC Ken and Carolyn Hamlet 5-ta{. 61:-l 1445 Red Butte Drive Aspen, CO 81611 Representative: Martin Mata, Mata Design Company 01 1, 9 109 'L-- James, By means of this letter we authorize Martin Mata of Mata Design Company to represent our interests in the above mentioned land use application. Thank you, 10. 4 thi Ken Hamlet A 444-L o,+ r 'Cutlx.A/4 Carolyn HAmle~~0,/ VICINITY MAP Hamlet Residence 1445 Red Butte Drive, Aspen 1445 Red Butte Drive 060 0 1 Roaring Fork River 1 0 0 00 t 0 , 0[~] 0 13. 1 - ~*1 R15 ~ ~ (& 00 0 -- U 0 O 46 0% CRED \ 93 8 6 '*90 9. - 0-3 1233 1 ) u 0 0 0 CP ' 87 mr--m f, 0.. 4- Â· -0..'Â· Â», ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM project: ~vaelâ‚¬.4 @.estle,ce AOL) ELLsekeÂ·6't- Applicant: \Ht-l5 â‚¬-â‚¬1 Bo-t le LLC ,// 41,~ 4 GolÂ·.0 %444- Location: \94 5- (Uct 00 + 1-t DANâ‚¬, AlÂ¢â‚¬n Zone District: F-- 30 Lot Size: 3 1, 3-55- 4] Lot Area: 3 l , Â·t 55 It] (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: c Number ofresidential units: Existing: f, Proposed: L eâ€¢4 + (%- Ar:)0 1".,AD ) Number of bedrooms: Existing: 2~ Proposed. A e,4 4 0- M PWO A 6/01 Proposed % ofdemolition (Historic properties only): - DIMENSIONS: Floor Area: Existing.- HHil. 2- Allowable: 5905.3 Proposed: (091Â°\ (ADO) Principal bldg. height: Existing: \ Cl rr. Allowable: 7-9" . Proposed: - 14. Access. bldg. height: Existing: /- Allowable: '2Â·9~' Proposed: \ (0" ~ On-Site parking: Existing: 12 Required: 5 Proposed: 1 â‚¬>,2 hou,Â«+ 1-440 % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: - Required: Proposed: Rear Se<~E~: Existing: 99Â¥1. Required: 6 rl . Proposed: \(0" . Combined F/R: Existing: - Required: Proposed. --. C I U Side SAback: Existing: bl.9-21 Required: lor-r' Proposed: \'te'r . Side Setback: Existing: - Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing - Required: ~o fl . Proposed: 5 ter Buildings Existing non-conformities or encroachments: 00 u E Variations requested: 130 01 MENS<otJAL- dAA-\Alls,v -5 ~~-6-c.a-EVI23Â·42) , MATA DESIGN COMPANY FFI- --Wifimy_ - ..0.Â£7& -7 7--' M...7Â£,61 ./.oN N * 197. -/ / i ./ c .C M. 1 13.--.-51*33 \22.7 Â»- It / P.. 1.U~- ., \ . - Le I . 2 * 1 I I Proposed CDU I 4 -- -.I i==.-, m. r.r#Â£<m1BM 1 1 - il 13\ ~ 432-64 Â°ce=1Rv"Ax.161 \ ~r.:,3,16-4 1 J: - . .0 2 C 611 , 1 - 1 P 1 - 1 5.! .m i i J - - ICS - Ine k 111 :0 1.0 1 , . I ':1 1 * . 4 96 51 h ./ . .1 0%49 4*-14/-~r--t-fEEr-' 4,J . 7 1 - 4- 1 - 1.~t'</ 1- 3 /% I .... . 0 5 , ---4.(f B'' .... ; 144'f~ 9, , 1 6 47 #-11-4 1 4 '1 . ..9Â·rr \2\ .1 1.-% ' 1 Zi ' . -1*L. t 8: I â‚¬'>fd- . -- 1 - mal 1 r> 1 6,4 : e Y existing main z , I 0 . 1 1 $2Â£ -bk: ' 1% : i, 9 - house ~ 5. - Cm I - - 4 1 1 2. I :i -7 1 N / ./ SUM..4 14/Ky / i . . : . y 1 0 . l N L..' ' t U : 11 :-3-17' --- , -- t Coe ; I em. : 9 f - 1 -- -' 1 Lscu- 1 5 1 pa;king space for ' : Existing Driveway . e . K G AÂ· Caniage MUSe t 1 N - A j)..' il- .... 1 . 9, ' 0-' . 3 0 2. i - / 1. \,4.. 2?:A#,?. 9 'in -:.51 -.7 ~ ~ // / 1 , r ....my . / 390 s./.~ 1.J ..\ 22#20Â£... ') C i 1 1 1. .. -- 4?f teÂ£ 94*R_~~ Wei ot. 0% 2 L \ 102 â€¢r 10 04#y \-20/40â€¢Rlw Proposed Site Plan Scale: 1"=30'-0" 1/19/2006 Red Butte Special Review ,00 09 M,34},0*.295 0 . MATA DESIGN COMPANY 11 -- . -* - Hec u. 1 .r~ _500 2 3 Â·p_ , ~0 +SIL 4 9.-to,. Ir - C A 6*,4 Â· 5-tot-- 1 1 Lkue(Df - - 1 1 f K< 242 '\ loÂ°)6 (10 L...r#* -re-g~J-=t r 1 + 40 4 IV& M ML-_4 lL - -1 o41-4 11 1 i NAuL--ri AaeÂ©36 (GO ML-- ~---Â· ,-- 11 i K. 1 1 10% 130 1 1%,O -ll-e.L Ac.+ 913-3 yrtÂ»rlr -156-N-Â· 1.6.- .ugLLIe- rep 60-, . Basement Level 4 46-(10,1 - 4 406*(10 61 Ground Floor Level r--Â»-1 9 1 El> 03101/~ -EAU. 6- plo k \3 0 1 -1 0 (los, 13Â° vt f 1 - 4<LNLACe In// -42-,1433 ." PLJ_ 1 Go (tack . 00 1 4'0 (39 aOLL P.- -= 2 5 51 4 p. c.Â£ , 43-- C- 1/19/2006 Red Butte Special Review MATA DESIGN COMPANY 9 eGo AE.NEÂ· t.Â·>1[s-nb; 6:- St,0,Â·02- ------ ' r ---f_ _m.FLA - 1 *11 . 1 ~ cl-- L'' VV..., 1 /O _ I. r .2. |-4- - ... /2/ / ChIPÂ· PLACE - - 01 1- Pii ~71 9-4 -4- 74 ,/EL- 102-1 VZ ~ Â· lai Ne:.1 Â® , 1 li i, o.l.. 9- l,51 + \ i' 1 1 1 ..1 21 I 1 1 11 1 1 ; 1 - --1 1. Ftj~ - .31- 41 i C*LEAY'WQQ_ _ __ 1 Zftuool -iall.ld 'Â· laâ€¢2.5 â€¢ ~ 94-t-p, F-4.9VA-904'0,3 ~ 1 1 asauu-T . (33!South Elevation 1 4 ' 0 1 1 17. 0 00 0 +'r zou,-~ * 1 A W<?347 j .4: 2 -tr -H/' ~ r, ,/1.Â· 1 .1 r ,+i '~%+Ii*c-~ ' ra 4 :-4 LA_129 - - 24â€¢12_42_ t: MEL-t.(091 ,/- - -Ir Â£~AFL'râ‚¬NL - rEL. 1004 1 r-=,=1221=* .4 74 I - , Egress well for 1-~ 1 - UU. proposed 1- basement space -~ f wer< 1 1 1-- ---- -A 1/20/2006 Red Butte Special Review .. MATA DESIGN COMPANY r.3 Col 0 0 1- L.lu .44.1- F.----41 ./ 1 /gOV - - - 033 1 63 Eg m - - 1 - 1 - 1. -14 'Lf 1 ---14 0 Â£- 0 0 0 1-,1-3 ''..1161,1-tk.C.f:,-1 10â‚¬11 11 / lie /.L -21. 1 /' - 04.LE- 002 I I \\ r=i .1.- 1- ..4.,,nur-,~ 1-I. . , --Ar-,307 3<.' . izil.I. -1- -.-Phi-6-1. ~ ; 1 1 1; 1 1 11/-\A6604.eul 1 '1 ~~h, East Elevation ~ Lj' 1/* = N Ok 11 1 1 1 1 18. O CD ra Er :2-21Â»*3. ' ca - i-- >11 1 11 111 1 1 -- Le F.NEQ 1 1 1 '1 1 1 + 3--4 . 1 1 5 1 (St MU.,~. i i \ 4 1! Iii :1 5 1 6 L , PI '1 1 - Em 1'' . .... -- 1 -LGLY-t*,2- /'r ED ' , - -----4- - - = 1 1 - 1 1 1 1 1 1 1 West Elevation 1 lebeâ‚¬Ke -- -4 1/19/2006 Red Butte Special Review .. MATA DESIGN COMPANY P.,â€¢10: UN+481 .&*AS . il=+ . ---. -- Ap,mi - /11#\\ .-- - 1 11.4 0 - islit 1 6 -9 3 , il N - -11 ---------------------11 11 , 19. 1 ger- Building Section 1/19/2006 Red Butte Special Review r 0 2"=711 - Ele Edt Record Navigate Fg'm Reports Format Iab Melp ' Â« ' aol ~:~ ul ... &331 9 ('44 * Routing BisÂ·toe j Conditions Sub Rermit: { Faluation I Public Comment 1 Customer Reguest Attacbments Main Royling Status ~ ATch/Eng . Parceis ~ Custom Fields :1 Feel ~ FeeSummae 1 6ctions i U Pefrnit Type i aslu .A en Land Use 2004 Permit # }u0052006.ASLU , ' Address t1445 RED BUTTE DR 1 Apl/Suite ~ Cit.9 ASP6~Ki State ICO vi Zip :81611 Peir, Vfdormabon S â‚¬Â«xxce.â‚¬<â‚¬/Â«X. Maste, Pemit 1 gj Routing Queue laslut)6 Applied (01325>2006 Projecq Status 'pending Appf oved i Â«i : Description 'PROPOSE TO INCLUDE BASEMENT IN ADU Issued i ~ Final 1 ~ Submitted ,MATA DESIGI, 927-1092 Clock Running Days l 0 Expires 01 /20/2007 m 9- Vit~ble on the web? Permit iD: i 37218 Owner I Last Name 11445 RED BUTTE LLC 21 First Name L/0 MAfA DESIGN *508 LAKE CT IBASALT CO 81621 Phone (970) 927Â·1092 7 0 wnef i s Applicant ? %Â©Ntant Lagt Name MATA DESIGN COMPANY N First Name 508 LAKE CT iBASALT CO 81621 Phone, Cust # 123069 2 W 10'90 R --Â·- 1- 1 of 1 - I. 'll - , , ..... ..ic.... 1/24/2006 City of Aspen Community Development Department 12:56 PM Invoice Number Listing Page 1 Nickname 1 Invoice Number A062 The Lodge at Aspen Mtn 10139 V X 0 0 0 0 0 0 0 0 1 t REBAR & CA â€¢~ L.S. 20133, FOUN m LOT 128 175.83' 1 N81'2323 - 1000 '0' EDGE OF GRAPHIC SCALE PAVEMENT % 20 REBAR & CAP ~ - m Mul,94--~-I:4W X L.S. 9184, LC>T 12A C FOUND 1 0.729 ACE M l inch = 20 ft ( IN FEET ) 89.83 0 \ m + 1, 0 29.50 R=1449.33 2.50 L=159.28' GRAVEL x GAS Z U~ , DRIVEWAY ~ METER D=6*17'48" 150' I .44 FF-1002.27' :4 St 1.4434"E ~ 159.20' 1 4-4 019 1 \\ 16530 ~ ~ ONE STORY %1 YARD Surveyor's Certificate: COURT . WOOD DECK ~ 6,19 v WOOD FRAME 5 < & STUCCO 1, KENNETH R. WILSON being a Professional Land Surveyor in the State of Colorado, -es ~ do hereby certify that this map of existing conditions was prepared 1000.522% U~~2 8* PHONE PED accurate to the bes; 1 , d belief. 37.93' by me and under my sup,/*WB#&81 a survey made by me and under my CABLE PED. % supervision and that bo~~ map are true and 0 6* IRRIGATION OR>'WE-UciÂ¥ ..e.., g~Fr- 1002.27' 9. 2- ELEC. METERS 1 70'%030.9 ~ NbfggoL Â«-1001.27 -6" t:~~ 1Â£*10 Â®1Â·:AU< 904 . 7' 2-8 KENNETH R. WILSON ~l_.3. 47,0,10 : U DATE 31 Aug. 2005 ~ ; 2-6- I . : 6.32Â·. "~4# SURNâ‚¬~4# 6" 6 26.66' 4 Note: This topogrophy r71~0&Â·r~13~,th National Map "*sfl WELL Accuracy Standards for to619~ maps. Where checked Z 3 AW'/ 1 -14" 90% of points should be within 1/2 the contour interval Â· Â·Â· *'b.75:-82~rl,4 1 and pre// defined.points should beÂ· plotted within 1/30" of k U,/.i.*<4 GRAVEL 1000.41' 8- 6** 1 - - 4-12" - - \ Â· DR\\;UÂ·Nte'r Â·- their true position, Critical design should be based upon 4 ---/ $-I. ---- *--- spot elevations, please contact Schmueser Gordon Meyer, ./0'k 5 Inc. for this -spot eLevation information. - - 7 41 -- f ./. I ~~AECYRIC) \ 1000~51_ __ -- 2-5"9,5 L. 15' t RISER-/ 2 11" REBAR & CAP 4 --- ---93â‚¬0 1 " ~40 ~ ' 5 v 10. ' ' : REBAR & CAP L.S. 9184, L.S. 20151, FOUND I / latx /. , 63 7 FOUND -15' UTILITY Â£ T 0 Legend and Notes: EASEMENT 4" 4.Â·.. t 1- ' REBAR dc CAP - & indicates survey control point and elevation for benchmark. - Bearings are relative to a bearing of N 61Â°30'00" E on the S82'40'0 W 60.00' ~ L.S. 9184, FOUND - 0 indicates found monument as described. TREE UNE & 6 081 REBAR & CAP DRIVEWAY line between No. 5 rebars and plastic caps LS 9184 found 7 '00'00' EDGE OF LAWN--Â· REBAR & CAP EASEMENT L.S. 9184, FOR LOT 11A on south line of Lot 12 A as shown hereon. L. S. 9184, 11 FOUND (BENT) FCA*â‚¬1 1~ - This property rnay be subject to apparent easementsÂ· for r REBAR & CAP existing utilities and irrigation ditches. L.S. 20151, FOUND - Fences are shown hereon for information only and do not (N66Â°35'19"W 3.62' necessarilly represent limits of ownership. 5 surveyor to determine ownership or to discover ~~-I~ 141.42 FROM TRUE POSITION) - This survey does not represent a title search by this easements or other encumbrances of record. All information pertaining to ownership, easements or other 2-6 PERPETUAL WATER WELL of LOT 11A encumbrances of record has been taken from final plat es. LJ %92% AND PIPELINE EASEMENT - Date of field survey-25 AUG. 2005. AS DESCRIBED IN 4 *30' r 09 REC. NO. 341379 (10' RAD. FROM 66~PEP CENTER OF WELL) DESCRIPTION Lot 12A, Quillen Subdivision according to the plat thereof recorded 18 April, 1986 in Plot Book 18 at Page 64, Reception No. 277357. REBAR & CAP L.S. 9184, FOUND 41 94_ 9Â»-4 Ao Â»a, Notice: BER REVISION DATE BY Job No. 99145C ~ According to Colorado Low, you must SCHMUESER GORDON MEYER NUM- commence any legal action based upon any 118 W. 6TH STREET, SUITE 200 KW Drawn by: defect in this survey within three years after GLENWOOD SPRINGS, COLORADO 81601 you first discover such defect. In no event (970) 945- 1004 FAX (970) 945-5948 IMPROVEMENT SURVEY Date: AUG 2005 6 may any legal action based upon any defect 4 in this survey be commenced more than ten ASPEN, COLORADO (970) 925-6727 h years from the date of the certification shown SCHMUESER | GORDON | MEYER CRESTED BUTTE, CO (970) 349-5355 Approved: oF 1 4 , hereon. File: QUILLEN- 12 ~ ENGINEERS | SURVEYORS E-mail: survey@sgm-inc.com ........ (a NV Ablaial/NaO) 31,61.LON WÂ·-.29'21 -Â· ~ \Projects\KEN\QUILLEN- 12.dwg Saved Mon, 12 Sep 2005 8:15am Plotted: Thu, 08 Dec 2005 12:32pm kwilson N00'38'30Â»E 7 J2 ONI 'PISS *OOZ 1HOINAdOO