HomeMy WebLinkAboutcoa.lu.ec.Silverstream Condo Plat 2737-182-37005 A103-98
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PARCEL IOJ2737-182-370051 OA TE RCVO: J 12/4/98' 11 # COPIES:12 II CASE NOlA 103-98
CASE NAME:ISilverstream Condo Plat II PLNR:I I
PROJ ADOR:1962 E. Durant Avenue II CASE TYP:ISubdivision Exemption II STEPS:I 1
OWN/APP:ISilverstream LLP clol ADRIWaterfall Hope/307 S CISIZ:fAspen, CO 81611 PHN1 I
REP~ Douglas Allen AOR:1600 East Hopkins, St 1 CISIZ:IAspen, CO 81611
PHN, 925-8800 I:
FEES OUE:1245 Iff) + 110 leI 'II FEES RCVOi355 II STAT:,U
REFERRALSI
REFl II BY] II DUE:I ]I
~I """Oi~~1 DATE OF FINAL ACTlON:1 \IZ,J]:L~
REMARK~~~~..-l. if CITY COUNCIL: I
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CLOSEO;tI1...~ ~BY:~ BOA: I
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PLAT SUBMITD: .I I PLAT IBK,PGI;I J ADMIN.!..,\,- .1_ I
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MEMORANDUM
TO:
Julie Ann Woods, Community Development Director
Christopher Bendon, Planner ~~
Silverstream Townhomes Condominiumization
FROM:
RE:
DATE:
December 17,1998
Doug Allen, representing Silverstream L.L.P., owner, has applied for a subdivision
exemption for the condominiumization of the "Silverstream Townhomes," 926 East
Durant Avenue. The property is currently developed with a 7 unit multi-family building
and associated parking.
This property was formerly know as the "Brass Bed Lodge." A change in use application
was approved for this property and memorialized in Aspen Planning and the Zoning
Resolution 97-5.
I have referred this application to the City Engineer and the applicant has responded to
the suggested modifications to the draft plat. There are no other proposed improvements
to the site, it is a permitted use in the R-MF zone district, and there are no other land use
issues involved. The Community Development Director may approve subdivision
exemptions pursuant to Section 26.88.070. I am recommending approval of this
condominiumization contingent upon final recordation.
Approved, contingent upon final recordation of the plat:
date: I'/J?/.Ia
lie Ann Woods, Community Development Director
Att: P&Z Reso. 97-5
I tlllll 11111 111111 11111 11111111I1,..'11111111111111111111
40e616 06/23/1997 11:e3A RE, .UTION
1 0' 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
GRANTING APPROVAL FOR A GMQS EXEMPTION FOR A CHANGE IN
USE AND A SPECIAL REVIEW TO ELIMINATE ONE ON-SITE EMPLOYEE
PARKING SPACE FOR THE BRASSBED LODGE LOCATED AT 926 E.
DURAt~T AVE.
CITY OF ASPEN
Resolution 97-5 (Amended)
WHEREAS, The Community Development Department received an application
_ from Silverstream LLP, for a GMQS exemption for a change in use and Special Review
Y to eliminate one on-site employee parking space for the Brassbed Lodge located at 926 E.
Durant Ave., more particularly described in Exhibit A attached and made part of this
resolution; and,
WHEREAS, Pursuant to Section 26.100.050 C. 2. a. of the Aspen Municipal
Code, a GMQS exemption for a change in use may be approved by the Planning and
Zoning Commission and pursuant to Section 26.64.040 of the Aspen Municipal Code,
parking requirements may be approved by the Planning and Zoning Commission through
Special Review; and
WHEREAS, the Housing Office, City Engineering, Parks Department, Aspen
Consolidated Sanitation District, Environmental Health Department and Community
Development Department reviewed the proposal and recommended approval with
conditions; and
WHEREAS, the above referenced application was legally noticed for a public
hearing; and
WHEREAS, during the public hearing on February 18, 1997, the Planning and
Zoning Commission approved by a 6 to 0 vote the GMQS exemption for a change in use
and the Special Review with conditions.
NOW, THEREFORE BE IT RESOLVED by the Commission that the GMQS
exemption for a change in use and a Special Review to eliminate one on-site employee
parking space is hereby approved, subject to the following conditions:
I. That the applicant provide a deed restricted studio unit (approximately 738 s.f.) rather
than the three-bedroom dormitory as originally proposed; /""'"
2. That the proposed deed restricted unit be a Category 3, fully deed restricted unit, and V
that if approved, a deed restriction be recorded prior to any building permit approval;
3. That any impact fees allocated to this project for the improvements in the Galena
Street sewer line be paid in accordance with the District's rules prior to building
permit;
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t 11111I11111111111 IIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIII
40e616 06/23/1997 11:e3A R...,A.UTION
2 of 3 R 16,00 D 0.00 N 0.00 PITKIN COUNTY CLERK
4. That the applicant be required to meet the runoff design standards of Section
26.88.040 C. 4. f. and that the building permit application include a drainage
mitigation plan and a report signed and stamped by an engineer registered in the State
of Colorado, submitted as part of the building and site plan;
5. That any utility pedestals be placed in easements or have easements provided on the
site improvement survey.
6. That the building permit drawings indicate all utility meter locations, and that such
meter locations be accessible for reading and not be obstructed by trash storage;
7. That the Environmental Health Dept. receive and approve a fireplace/woodstove
application before approval be given for a building permit;
8. That the 10" Cottonwood located on the property be accommodated and that the
planned sidewalk either curve around the tree or be moved further east or west and
that any sidewalks be at least 5' wide; /
9. That any sections of curb and gutter that are in disrepair be replaced prior to issuance
of a certificate of occupancy;
10. That the cottonwood trees proposed to be planted in the right-of-way be reduced from
nine (9) trees to six (6) trees, approximately 20-25' apart and that the landscape plan
be revised accordingly;
II. That the applicant provide an adequate site improvement survey per Section
26.52.030.B.5. This should be submitted prior to the issuance of any building
permits;
12. That the applicant agrees to join any improvement districts that are formed for the
purpose of constructing improvements in adjacent public rights-of-way; and
13. That all material representations made by the applicant in this application and during
public meetings with the Planning and Zoning Commission shall be adhered to and
shall be considered conditions of approval, unless otherwise amended by a
Board/Commission having authority to do so.
APPROVED by the Commission at its meeting on February 18, 1997.
o Form:
Attest:
d'~~
. e Lothian, Deputy City Clerk
p;r~d~ti~
Sara Garton, Chairperson
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Aspen Planning and Zoning Commission
Resolution No. 97-5
EXHIBIT A
LEGAL DESCRIPTION:
Lots P, Q, R, and S,
Block 118,
THE CITY and TOWNSITE OF ASPEN,
TOGETHER WITH a strip ofland eighteen feet (18') in width with all points being
parallel to and lying Easterly of and adjacent to Lot S in Block 118 in the City of Aspen
bounded on the North by the extension Easterly of the Southerly line of the alley running
through said Block 118 and bounded on the South by the Northerly line of Durant
Avenue, as vacated by Ordinance No.2 (Series of 1958) of the City Council of the City
of Aspen recorded April 8, 1958, in Book 183 at Page 397;
11111111111111111111111111111I1111111111111111111111111
40!&16 06/23/1997 11:e3A RESOLUTION
3 0' 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
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LAW OFFICES OF
DOUGLAS P. ALLEN
600 East Hopkins, Suite 302
Aspen, Colorado 81611
Douglas P. Allen
(970) 925-8800
FAX (970) 925-9398
E-Mail dpallen@Tofnet
December4,I99S
Chris Bendon, Planner, City of Aspen
Community Development Department
130 South Galena
Aspen, Colorado S1611
RE: SIL VERSTREAM TOWNHOMES
SUBDMSION EXEMPTION FOR CONDOMINlUMIZATION
Dear Chris:
Pursuant to our meeting of yesterday this letter constitutes the application for the above. I enclose the
following:
1. Check in the amount of $355.00 made payable to the City of Aspen for the total
deposit required for this type of application.
2. Copy of Old Republic National Title Insurance Company - Title Commitment
Q3S00S9 reflecting title in Silverstream LLP for the subject property.
3. The applicant is Silverstream LLP, a registered Colorado Limited Liability Partnership,
whose general partner is Boxtowire, Inc., a Colorado Corporation, whose address is:
do Robert 1. Tobias
Waterfall Hope
307 South Mill Street
Aspen, Colorado S1611
4. The legal description of the property is included in the above title commitment and the
street address is 926 East Durant Avenue, Aspen Colorado S1611.
5. This request is for condominiumization of the project, addressing the standards of the
Land Use Code.
6. An Sy, by II vicinity map locating the parcel within the City of Aspen.
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7. Condominium plat prepared by Schmueser Gordon Meyer consisting of seven pages.
8. Copies of the prior approvals in connection with this property consisting of:
a. Resolution No.1, Series of 1997 of the Board of Adjustment recorded under
County Clerks File No. 405616
b. Resolution No.2, of the Design Review Appeal Committee, Series of 1997
recorded under County Clerks Reception No. 405831
c. Resolution No.5, of the Aspen Planning and Zoning Commission granting
approval for a GMQS exemption, Series of 1997.
I trust that these are all of the items you need to administratively approve the above-referenced
condominium plat so that we may hopefully achieve a closing in connection with some of these units
no later than December 15,1998. Thank you.
Cordially,
Douglas P. Allen is appointed the Owners Representative in connection with the above application.
SIL VERSTREAM LLP
By~
R . Tobias, President of
Boxtowire, Inc.
LTR.327.12048
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ALTA COMMITMENT
QUI' Order No. Q380089
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Sehedule A
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A Fee Simple'
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SILVER STREAM L:LP, A REGISTERED COLORADO LIMITED LIABiLITY PARTNERSHIP
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'5. 'rhe land refet'red to In this Commitment Is dcstl'ibed as follows:
SEE ATTACHED PAGE(S) FOR LI!GAL DESCRIPTION
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LEGAL DESCRIPTION
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LOT~ P, Q, R "ND S ,
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". '" ,TOGETHER WITH.A STRIP OP LAND EIGHTEEN FEET (l8') IN WIDTH ALL POINTS BEING
:,,;:. ::,)'PARALLEL TO AND LYING EASTERLY OF AND ADJACENT TO LOT S IN BLOCK 118 IN THE
;;.L\~'~i;H'i)!ICIT~,OF,^SPEN BOUNDED ON THE NOR1H BY THE EXTENSION EASTERLY OF THE SOUTHERLY
,"',;," LINE OF THE ALLEY RUNNING THROUGH SAID BLOCK lIS AND BOUNDED ON THE SOUTH BY
'.":::,':THOSOUTHERLY LINE OF DURANT AVENUE, AS VACATHD IN ORDINANCE NO.2 (SERIES OF
.'.',';-. ":1958) OF. THE CITY COUNCIL OF THE CITY OF ASPEN RECORDED APRIL 8,1958 IN BOOK
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(Requirements)
OUI' Order No, Q380089
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The'tQIlowlull ate tile requirements to be compiled with:
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full consideration for the estate or interest to be
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: Prop6i 'iri~tiument(s) creating the' estate or interest 10 be insured must be execUled and duly filcd for record, to-wit:
'/,i";: ;tHl~'co~t.,uiME~TIS FOR INFO.RMA TION ONLY, AND NO POLICY WILL BE ISSUED
;,. .: . PURSUANT HERETO~
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(E"eeptions)
Our O..del' No. Q380089
The polf~y or polleles- to .be issued will contain e~eeptions. to the following unless the same are disposed
, ; : of to th.satisfactlon of the Conlpany:
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~~!'!j:)!~;;)~{~:(M,i?tI~hi~'6f'daiIrli 6f parries in possessiem not shown by the public records.
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'(,',J: ';,~:: i,' "EasenleDu. or claims of easemems, nOI shown by lhe public records.
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:i'~;;''.,Di5crepaneles, .i:onri'i~l$ in boundary Jines, shortage in area, encroachments. and any facls which a correCl survey and
';':"f:: Ij'ilSpctllon elf ilie premises would disclose and which are nOI shown by the public I'ccords.
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A'ny h~n,or right la' a lien, for services. labor or material' theretofore or hereafter furnished, imposed by law and
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5. Defecl.\, liens encumbrances, aclvcrse claims or olher matters, if any, creJted, first appcurin~ in lhe public records or
" altaching subseq~enllo the ef!'eclive dale hereoHUl prior to the date Ihe proposed insured acquires of record for
vlll~e lhc CSIBte' or interest' or mortgage thereon covered by this Commitment.
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6.' 'Taxes und llSsessmellts.not yel due 01 payable and special assessmCJ1[S nOI yel certilied to the Treasurer's office,
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1. Any ~nJlaid laxes'or assessmenls against said land.
'8:'; ".: 'tie~s (or unpaid w~ter and sewer chJrlles, if any,
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Q, A MOIUGAGE DATED',..UGUST 2'1,1991 F1l0M SILVERSTREAM LLP FOR THE USE OF MESA
. NATIONAL BANK TO SECURE THE SUM OF $4,513,000,00, AND ANY OTHER AMOUNTS
. 'PAYABLE UNDER THE TERMS THEREOF, RECORDED SEPTEMBER 04,1997, UNDER
RECEPTION NO. 408073.
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iSA1b'DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF RENTS RECORDED
SEPTEMBER 04, '1997, UNDER RECEPTION NO. 408074.
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10. RESERVATIONS AND EXCEPTIONS AS SET' FORTH IN THE DEED FROM THE CITY OF ASPEN
'RECORDED, IN BOOK-AT PAGE, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE
HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY
V AI,.IO MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS,
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1 \. RE~ERVATlONS'ANb EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CI1'Y OF ASPEN
RECORDED OCTOBER 31. 1887 IN BOOK 59 AT PAGE 73, PROVIDING AS FOLLOWS:
THAT NO TITLE SHALL DE HEREElY ACQUIRED TO ANY MINE OF GOLD. SILVER,
CINNABAR OR COPPER OR TO ANY VALID MIN[NG CLAIM OR POSSESSION HELD UNDER
EXISTING LAWS, .
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H",: ~ESE:RVATIONS. -\ND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN
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(Ex,ceptions)
OUI' Ol'de.' No. Q380089
, . ';he pOlicy or policies 10 be,issued will contain excepllons to the following unless the sum. ol'e disposed
:~f.l~9,:~M~I'~~~f~c!,lon:of, the. Com pony:
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,',','\';RECORDED DECEMBER 01, 1887 IN BOOK 59 AT PAGE 116, PROVIDING AS FOLLOWS:
:tJ';' I, THATNO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD. SILVER.
. CINNABAR OR COPPE~ OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER
pXIStINGl.Ao/S. ' : '
".13';., ,EASEMENTS FOR'THE USE. OPERATION, CONSTRUCTION AND MAINTENANCE OF PUBLIC
h~':I~:r: ~.n.~!T.1JO~.,TO"BE.PLACEr> UNDERGROUND AND OVERHEAD, INCLUDING, BUT NOT
. , "L:IMITED TO, POWER AND TELEPHONE LINES, WfI.TBR LINES, OAS MAINS, SEWER MAINS
. AND OTHER UTILITY EASEMENTS OF A LIKE NATURE, BUT EXCLUDING ROADS AND
SURFACE EASEMENTS, AS RESERVED IN ORDINANCE NO.2 (SERIES OF 1958) OF THE
CITY, COUNCIL OF THE CITY OF ASPEN RECORDED APRIL 8, 1958 IN BOOK 183 AT
':'pAGE397:i . "
J4. . TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO.1. SERIES OF 1997,
." iii' RECQR-.D~P Fl!~RUARY 21. 1997 UNDER RECEPTION NO. 401957.
15.. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 97-5 RECORDED MA Y 12,
. . 1997lJNDER RECIWTION NO. 404342, AND RESOLUTION NO. 97-5 (AMENDED)
." . R~c6RDED JlJNE 23; 1997 UNDER RECEPTION NO. 405616
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16, 'TE~MS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 02; SERIES OF 1997.
." I.;:. RECORDED MAY 14, 1997 UNDER RECEPTION NO. 404410. AND RESOLUTION NO.2.
SERIES OP 1997 (AMENDED) RECORDED JUNE 30, 1997 UNDER RECEPTION NO. 405831
. '
.17. FINANCING STATEMENT WITH MESA NATIONAL BANK, THE SECURED PAR1'Y, RECORDED
SEPTEMBER 04: 199'7, UNDER RECEPTION NO. 408075 AND UNDER RECEPTION NO.
408076
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18;:' ,:rERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND EFFECTS OF INSTRUMENT
ENTITLED !'AWA1W ON LIABILITY ISSUES" RECORDED SEPTEMBER II, 1998 UNDER
RECEPTION NO. 4i1824.
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DlSCI,OSURE STATEMENT
Requh-ed by C.R.S. IO-U-122
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,-the ~Ubjeci,renl property m:ty be,loc~[ed in a speci~l taxing district.
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",,'\1;.,,:.::.,.,,: : ::8) A Certificate of Taxes 'Due listing each t~xing jurisdiction may be obtah',ed from the County
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,,;i,,:;":; ..< .;'~::" c> ,,-be information regarding special dislrlcls and the bound~rics of such districls may
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the County. Assessor. .
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, .'Bffecrive September I, 1997, CRS 30-10-406 requires that all doeumellts received for recording or filing in the
cierk ~nd recorder's office shall contain n lOp m~rgin of at least on~ inch and a left, right D.Ild bOllom margin of
at lease one half of an inch. The cierk and r~corder may refuse to record or file any document that does not
conform. except thill. the requirement for the top margin shall nOI apply 10 documents \Isinll forms on which
.space is. provid'ed for rccortling or tiling information al lhe top nlargin of lhe document.
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City and Townsite of Aspen
Vicinity Map
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RESOLUTION NO.1
Series of 1997
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 97-1
RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF
926 East Durant. ASPEN, COLORADO.
WHEREAS, Si1verstream, LLP has made application, dated
January 9, 1997 to the Board of Adjustment for a variance from
the dimensional requirements of Chapter 24 of the Aspen Municipal
Code; and
WHEREAS, this matter came on for hearing before the Board of
Adjustment on January 30, 1997 and after full deliberations and
consideration of the evidence and testimony presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF
THE CITY OF ASPEN, COLORADO:
Section 1. Findings of Fact.
The Board of Adjustment makes the following findings of
fact:
1. A development application for a variance was initiated
by: Silverstream, LLP on January 9, 1997 for property
with a street address of 926 East Durant, Aspen,
Colorado and a legal description of: Lots P,Q,R & S
and strip 18'wide Block 118.
2. Notice of the proposed variance has been provided to
surrounding property owners in accordance with
Section 24-6-205(E) (4)b) of the Aspen Municipal Code.
Evidence of such notice is on file with the City Clerk.
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3. The grant of variance will be generally consistent with
the purposes, goals. objectives, and policies of the
Aspen Area Comprehensive Plan and Chapter 24 of the
Aspen Municipal Code.
4. The grant of variance is the minimum variance that
will make possible the reasonable use of the parcel,
building or structure.
5. The literal interpretation and enforcement of the
terms of Chapter 24 of the Aspen Municipal Code
would deprive the applicant of rights commonly enjoyed
by other parcels in the same zone district, and would
cause the applicant unnecessary hardship or practical
difficul ty. In determining that the applicant's right:,
would be deprived absent a variance. the Board
considered certain special conditions and circum-
stances which are unique to the parcel, building or
structure. which are not applicable to other parcels,
structures or buildings in the same zone district and
which do not result from the actions of the applicant;
to wi t :
The property is hindered by the design of the existing
structure which allows for snow and ice to shed from
the roof onto the parking area
Section 2. Variance Granted.
The Board of Adjustment does hereby grant the applicant the
following variance from the terms of Chapter 24 of the Aspen
Municipal Code:
A ten foot (10') rear yard setback variance for a distance of
one hundred one feet (101') and a five foot side yard setback
variance on the north eighteen feet (lB') of the west side
yard to allow for a covered parking structure at 926 East
Durant, Aspen, Colorado.
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Section 3. Conditions Upon Which Variance is Granted.
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The variance granted by Section 2, above, is specifically
conditioned upon and subject to the fOllowing conditions:
1. The parking structure shall have a flat roof.
2. The Covenants, Conditions and Regulations (CC&R's) for
the property shall stipulate that the carport structure
shall not be Used as a deck or for storage purposes.
3. Unless vested as part of a development plan pursuant
to Section 24-6-207 of the Aspen Municipal COde,
the variance granted herein shall automatically
expire after twelve (12) months from the date of
approval unless development has been commenced as
evidenced by the issuance of a building permit, or
an extension granted by the Board in which case the
variance shall expire at the end of the extension.
4. Applicant shall, prior to filing an application for
a bUilding permit, cause to be recorded with the
Clerk and Recorder's Office of Pitkin County a copy
of this resolution.
INTRODUCED, READ. AND.. ADO;JED ~ ;::u::;rd of Adjustment
of the City of Aspen on the ~Oth ay 0 , 1997
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Chairperson
I, the undersigned duly appointed and acting Deputy
City Clerk do certify that the foregoing is a true and accurate
copy of that resolution adopted by the Board of Adjustment of the
City of Aspen, COlorado, at a meeting held on the day hereinabove
stated. '---"'/lh,:~V ~ .
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~eputy City Clerk
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1 of 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
RESOLUTION OF THE DESIGN REVIEW APPEAL COMMITTEE
APPROVING AN APPLICATION
FOR WAIVER OF THE FAR INCREASE DUE TO VOLUME FOR GLAZING IN
THE "NO WINDOW" ZONE STANDARD AND THE EXTENSION OF
DORMERS INTO THE NON-CONFORMING HEIGHT OF THE BUILDING
LOCA TED AT 926 E. DURANT AVE., ASPEN, COLORADO
Resolution No. O:;l. ,Series of 1':)97
WHEREAS the applicant, Silverstream LLP, representt'd by August G. Reno, has
requested an appeal from the Ord. 30 standards pertaining to I) height and 2) increasing
the FAR due to the volume for glazing being in the "no window" zone for the property
located at 926 E. Durant Ave.; and
WHEREAS all applications for appeal from the Residential Design Standards of
Section 26.58.040 must meet one of the following statements in order for the Design
Review Appeal Committee or other decision making administrative body to grant all
exception, namely the proposal must:
a) yield greater compliance with the goals of the Aspen Area Community Plan;
b) more effectively address the issue or problem a given standard or provision
responds to; or
c) be clearly necessary for reasons offaimess related to unusual site specific
constraints, and
WHEREAS in the staff report dated February 24, 1997, staff recommended
approval of the waiver increasing the FAR due to the volume for glazing being in the "no
window" zone, citing criteria c above and recommended denial of the height waiver; and
WHEREAS a public hearing, which was legally noticed, was held at a regular
meeting of the Design Review Appeal Committee on February 27, 1997, at which the
Committee considered and approved the application for both the waiver increasing the
FAR due to the volume for glazing being in the "no window" zone, citing criteria c
above, and the height waiver, citing the fact that the non-conformity is due to the way
height is now measured under Ord.30, and that the shell of this building predates the
passing of that ordinance, by a vote of 3 to O.
NOW, THEREFORE, BE IT RESOLVED:
That the request for a waiver of the FAR increase due to volume for glazing in the "no
window" zone standard and the extension of dormers into the non-conforming height of
the building for the Brassbed at 926 E. Durant Ave., Aspen, Colorado, be approved
without conditions.
IIUIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIII
404410 0e/14/1997 12:!6P RESOLUTION
. 2 or 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
APPROVED BY THE COMMITTEE at its regular meeting on the 27th day of
February, 1997.
Approved as to Form:
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City Attorney
DESIGN REVIEW APPEAL COMMITTEE
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ATTEST:
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~Clerk
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404342 0e/12/1997 02:3Zr'RESOLUTION
1 0' 2 R 11.00 D 0,00 N 0.00 PITKIN COUNTY CLERK
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
GRANTING APPROVAL FOR A GMQS EXEMPTION FOR A CHANG i: IN
USE AND A SPECL\L REVIEW TO ELlMINATF, ONE ON-SITE EMPLOYEE
PARKING SPACE FOR THE BRASSBED LUDGE LOCATED AT 926 E.
DURANT AVli:.
CITY OF ASPEN
Resolution 97--.5
WHEREAS, The Community Development Department received an application
from Silverstream LLP, for a GMQS exemption for a change in use and Special Review
to eliminate one on-site employee parking space for the Brassbed Lodge; and
WHEREAS, Pursuant to Section 26.100.050 C. 2. a. of the Aspen Municipal
Code, a GMQS exemption for a change in use may be approved by the Planning and
Zoning Commission and pursuant to Section 26.64.040 of the Aspen Municipal Code,
parking requirements may be approved by the Planning and Zoning Commission through
Special Review; and
WHEREAS, the Housing Office, City Engineering, Parks Department, Aspen
Consolidated Sanitation District, Environmental Health Department and Community
Development Department reviewed the proposal and recommended approval with
conditions; and
WHEREAS, the above referenced application was legally noticed for a public
hearing; and
WHEREAS, during the public hearing on February 18, 1997, the Planning and
Zoning Commission approved by a 6 to 0 vote the GMQS exemption for a change in use
and the Special Review with conditions.
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NOW, THEREFORE BE IT RESOLVED by the Commission that the GMQS
exemption for 3c~~<tiIge in ,\,i~el,illd a':Sp~1 Review to eliminate one on-site employee
parking space is hereuy approyed; subj~ci to..the following conditions:
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I. That the applic'ill1l provide a deed restricted studio unit (approximately '/38 sr'.) rather
than the three-bedroom dormitory as originally proposed;
2. That the proposed deed restricted unit be a Category 3, fully deed restricted unit, and
that if approved, a deed restriction be recorded prior to any building permit approval;
3. That any impact fees allocated to this project for the improvements in the Galena
Street sewer line be paid in accordance with the District's rules prior to building
permit;
4. That the applicant be required to meet the runoff design standards of Section
26.88.040 C. 4. f. and that the building permit application include a drainage
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mitigation plan and a report signed and stamped by an engineer registered in the State
of Colorado, submitted as part of the building and site plan;
5. That any utility pedestals be placed in easements or have easements provided on the
site improvement survey.
6. That the building permit drawings indicate all utility meter locations, and that such
meter locations be accessible for reading and not be obstructed by trash storage;
7. That the Environmental Health Dept. receive and approve a fireplace/woodstove
application before approval be given for a building permit;
8. That the 10" Cottonwood located on the property be accommodated and that the
planned sidewalk either curve around the tree or be moved further east or west and
that any sidewalks be at least 5' wide;
9. That any sections of curb and gutter that are in disrepair be replaced prior to issuance
of a certificate of occupancy;
10. That the cottonwood trees proposed to be planted in the right-of-way be reduced from
nine (9) trees to six (6) trees, approximately 20-25' apart and that the landscape plan
be revised accordingly;
1 L That the applicant provide an adequate site improvement survey per Section
26.52.030.B.5. This should be submitted prior to the issuance of any building
pemlits:
12. That the applicant agrees to join any improvement districts that are formed for the
purpose of constructing improvements in adjacent public rights-of-way; and
13. That all material representations made by the applicant in this application and dur'ng
public meetings with the Planning and Zoning Commission shall be adhered to and
shall be considered conditions of approval, unless otherwise amended by a
Board/Commission having authority to do so.
APPROVED by the Commission at its meeting on February 18, 1997.
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Attest:
Planning and Zoning Commission:
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Sara Garton, Chairperson
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20' 2 R 11 00 D 00:e32P RESOLUTION
. ,N 0.00 PITKIN COUNTY CLERK