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HomeMy WebLinkAboutagenda.boa.20180308 AGENDA Aspen Board of Adjustment REGULAR MEETING March 08, 2018 4:30 PM Sister Cities Meeting Room 130 S Galena Street, Aspen I. SITE VISIT II. ROLL CALL III. COMMENTS A. Commissioners B. Planning Staff C. Public IV. MINUTES A. 2/1/2018 V. DECLARATION OF CONFLICT OF INTEREST VI. PUBLIC HEARINGS A. Resolution No. 2 Series of 2018 Dimensional Variance Request for 910 Gibson Avenue. B. 701 S Monarch St - Caribou Condos - Variance Extension VII. OTHER BUSINESS VIII. BOARD REPORTS IX. ADJOURN Next Resolution Number: <Resolution_Number> Typical Proceeding Format for All Public Hearings 1) Conflicts of Interest (handled at beginning of agenda) 2) Provide proof of legal notice (affi d avit of notice for PH) 3) Staff presentation 4) Board questions and clarifications of staff 5) Applicant presentation 6) Board questions and clari fications of applicant 7) Public comments 8) Board questions and clarifications relating to public comments 9) Close public comment portion of bearing 10) Staff rebuttal /clarification of evidence presented by applicant and public comment 1 1 ) Applicant rebuttal/clarification End of fact finding. Deliberation by the commission commences. No further interaction between commission and staff, applicant or public 12) Chairperson identified the issues to be discussed among commissioners. 13) Discussion between commissioners* 14) Motion* *Make sure the discussion and motion includes what criteria are met o r not met. Revised April 2, 2014 Regular Meeting Board of Adjustment February 1, 2018 1 Staff Comments ............................................................................................................................................ 2 Board Comments .......................................................................................................................................... 2 Public Comment not on the Agenda ............................................................................................................. 2 Declaration of Conflicts of Interest ............................................................................................................... 2 701 S. Monarch Street – Caribou Condos ..................................................................................................... 2 Regular Meeting Board of Adjustment February 1, 2018 2 Prior to the start of the regular meeting, Jim True, city attorney, briefed the Board on procedures. Mr. Farrey moved to elect Andrew Sandler as Chair and Ashley Feddersen as Vice Chair; seconded by Mike Hopson. All in favor, motion carried At 4:45 p.m. Andrew Sandler called the regular meeting to order with Board Members Jim Farrey, Ashley Feddersen, Mike Hopson and Collin Frank present. Staff Comments Jennifer Phelan, community development, introduced Hillary Seminick. She explained the comment process for commissioner, staff and public as well as conflict of interest. Board Comments None. Public Comment not on the Agenda Mr. Sandler asked if there is any public comments not on the agenda. There was none. Declaration of Conflicts of Interest None. 701 S. Monarch Street – Caribou Condos Hillary Seminick, community development, told the board the application is for 701 S Monarch Street, Caribou Condos. The property is located at far end of Monarch adjacent to Lift 1A. It is a condo with six units and six parking spaces. There is an existing trash location on the site. The site is sloped headed towards the lift and the mountain. Today’s meeting is about the request for setback variances. Currently there are existing setbacks including the walls on the property line and a portion of trash enclosure. The proposed project is a new subgrade parking garage accessed by a car lift. There will be eight spaces on the site for the six units. They will also need to relocate the existing trash area. There are a few ornamental features including planters at grade and the replacement of the existing retaining walls. For the setback variance the property is located within the lodge zone. Setbacks of five feet are required on all sides. Elements needing variance include a portion of elevator, trash enclosure and a portion of walls along the perimeter. They also need a variance for a portion of the subgrade garage. Mr. Sandler asked if the setback encroaches on the sidewalk. Ms. Seminick replied no. They are not permitted to place any structure in the setback. A dimensional variance review is required for portions of the garage, retaining walls and a portion of the elevator. As it exists today there are six parking spaces. The trash enclosure was added after the condominimization. She showed photos of the existing parking configuration. There is parking for six vehicles. To apply for a variance the applicant is required to demonstrate they meet the criteria. That includes a unique site specific condition that warrants the request or reasonable use of the property is withheld if not granted. There are appropriate circumstances that warrants a variance. In this case there are six condo units with six parking spaces. The code requires a minimum of six with no more than eight. Staff feels since there is adequate parking it is fair to say reasonable use is present. The condo association stated they have issues with snow removal. Snow is not a unique issue in Aspen and expected. Staff did not feel that is a valid reason to grant a variation. There Regular Meeting Board of Adjustment February 1, 2018 3 is adequate parking provide currently. It may be an inconvenience but does not represent a hardship. A hardship must be found to meet the variance criteria. Mr. Farrey asked what is a hardship. Ms. Seminick stated it would be no parking on the site or the inability to build out the site due to lot configuration. Typically, there has to be something very unique with the site. Staff does not recommend approval of the request. We provided two motions for consideration. Typically, there would just be one motion written to approve the request. Motion 1 is if the board were to support the project and grant in favor. Motion 2 is not in favor and to deny the request. Mr. Sandler asked when the building was developed who determines how many spaces are needed. Ms. Seminick replied it is a provision in the code. For this case it is one parking space per unit. There is the ability to go to eight spaces for this property. In order to achieve the eight, they are asking for a variance. The HOA is pursuing the application for the additional parking. Mr. Farrey asked if there is a code against subgrade parking. Ms. Seminick replied no, the code is for the setback variance. To do what they want they need to be in the setback. Mr. Farrey said currently they are in the set back. Ms. Seminick said they are legal non-conformities. They are allowed to maintain and continue to enjoy that. Mr. Frank asked if the proposal makes the existing non-conformity worse. Ms. Seminick said they would remove the current wall and replace it. It would create a non-conforming structure. It would conform if the variance was granted. Ms. Feddersen asked how many parking spots would be below ground and how many above. Ms. Seminick stated the majority would be provided subgrade. Mr. Sandler asked currently, if there was someone with more than one car the other is parked on the street. Ms. Seminick replied yes. If there was an excess of eight spaces it would require a shared parking agreement. The applicant is not interested in that. Mr. Farrey asked what is the distance they are looking to encroach. Ms. Seminick stated five feet. Mr. Sandler asked about the snow and why it is not considered a hardship. Ms. Seminick replied a hardship cannot be self created. Applicant Presentation The applicant team is Chris Bryan, Garfield & Hecht, Andrew Gerber, president of the HOA, Kim Raymond, Chris Bendon and Paula Ricceri. Mr. Bryan said you are allowed to adjust things in the code when suitable. The wall is already on the property line and already encroaching on the five feet we are asking for. On a net encroachment we are not asking for anything more. If this request is denied we will keep the wall that is currently there. The property is adjacent to the mountain and located in the lodge zone. It was built in the 70s. T here are six free market condos on three levels. Under the mobility requirements of the City, we are required to have six parking spaces. We are asking to have eight. It is within the code. The surface parking area, we argue there are not six real parking spaces. We don’t have six places where today’s cars can realistically park. All we want to do is have access to our own property and provide parking. We are asking for a Regular Meeting Board of Adjustment February 1, 2018 4 variance to allow us to solve the parking problem on the site. It is a very steep area and a second access point to the mountain. For the setback variances, the purpose is to construct a subgrade garage to provide six spaces beneath and two above with a car elevator. The trash enclosure will be moved back. The stone retaining wall is currently encroaching and there will be no changes. We want five feet to the east. It will bring the setback line to our own property. The north setback would be moved five feet, also to the property line. On the street level we want two cars on the east side. The third car is shown in the elevator. We are reducing the FAR and the car elevator will meet the residential design standards. The reason we need the setback is that it will cut of the cars without it. Mr. Farrey said spaces one thru four on the earlier slide, what will be there. Mr. Bryan said that will be the turning radius for the two cars parked. The back area will provide access to the trash. The subgrade level will have six cars. It meets the parking radius requirements and standards. This will clear up the ground level for service, emergency, visitors and ADA users. There is also bike parking provided in the garage for ten bikes. He showed mock ups of the proposed parking. We disagree with the FAR numbers provided in the staff memo. This proposal is only 70 square feet over the allowed FAR. For current conditions, there are not really six parking spaces. Ms. Raymond said the spaces shown on the photo are not legal size, only eight and a half feet by 18. Mr. Bryan said if we applied for this condition today it would be denied because the spaces are not properly sized. It is a big deal because I don’t want you to think we have six legal spaces. On a good day it is only five. Mr. Farrey said tight parking is the hardship. Mr. Bryan replied yes, and not enough to provide for the one to one ratio. This pushes people who should be parking on our property onto the street. He showed images of the turning radius impact. Currently we have issues with parking the minimum of six, inefficient entry/exit corridor, danger to pedestrians, lack of adequate snow storage and we are not compliant with the minimum parking requirements of the land use code. The application would be denied with the current conditions. He showed images of the area in winter with snow. This is a unique part of Aspen effected by avalanche hazards. On street parking is already difficult. Ms. Raymond said the snow is physically removed from the site periodically. Mr. Bryan said it is difficult for trash pickup and insufficient for everyday life. It creates more congestion on an already congested area. He showed images of the on street parking conditions. Non-variance alternates all show increase to construction time. It is a complex construction and there will be additional construction risks. It will also quadruple the price of this. Variance dimensional requirements would be five foot on the east and north and are generally consistent with the code. We are only asking for encroachments we are currently using. The other properties in the surrounding areas enjoy these benefits. We are not asking for anything everybody already has. This enforces the minimum parking requirement of six spaces. We are asking for eight, the maximum allowed for this type of property. This request aligns with City efforts to alleviate public parking and with the AACP. It aligns with the recent South Aspen Street affordable housing development. It will have a code compliant trash area, meet the engineering standards for snow removal, alleviates congestion and promotes a pedestrian friendly environment. Is this the minimal variance that will make possible the reasonable use of the property, yes. The proposed design uses the minimal dimensions and least intrusive and complex alternative. It has the least time impacts on the surrounding areas. Granting the variance prevents us being denied the rights all other adjoining properties already have. The current parking spaces are undersized by today’s code. There is a lack of adequate turning radius. Snow accumulation compounds the problem we already have. Regular Meeting Board of Adjustment February 1, 2018 5 There is precedent for granting variances. 203 E Hallam – a variance was granted to allow below grade living space. It was not going on anybody else’s property. They just used their own property. The Planning & Zoning commission has also granted variances. The Board of Adjustment is the final review on this. The land use code allows for variances. This variance solves a lot of problems and we are currently using the space. We are asking to use the setbacks in a smarter way. Ms. Raymond stated the proposal will increase access for emergency vehicles. Often, they would not get near any of the parking spaces. It is a life safety issue. Mr. Sandler asked do you look at this and say this was written in the 70s and could come down to ADA and safety. Ms. Phelan stated she is surprised by the ADA comment. There are no elevators in the units. Mr. Bendon replied it is better than the existing conditions. Ms. Phelan said they are vested and built to the code they were constructed to. When they make changes they are supposed to become conforming. The condo plat does show six spaces. It is an existing condition. Our expectation is that improvements meet the code they are constructed under. Mr. Farrey asked if they applied today on the existing footprint would it be approved with the six spaces. Ms. Phelan replied she is not sure about that. Mr. Bendon said it doesn’t have the turning radiuses. Ms. Phelan said the existing wall would not be approved today. Mr. Sandler asked where do most people park. Mr. Gerber replied they park on Monarch Street. We spent five years on this project. There have been 14 different versions of plans. We tried every which way. The code has changed several times during this. This will help us get cars off the street. Mr. True stated the code requires that for this to be granted it has to be a vote of at least four members. Mr. Farrey said the walls to the east and north, is that what you are asking. Ms. Phelan stated the walls will be put back. Mr. Farrey asked will the height of the walls be reduced. Ms. Raymond stated they will seem smaller. The stone veneer is removed and replaced with smaller materials. Mr. Frank asked are you using soil nailing. Ms. Phelan replied it is not allowed and they will probably use micro pile. You can’t soil nail in the right of way. Mr. Bendon said we will have agreements with neighbors on the construction. Mr. Sandler asked what is the timeline if approved. Mr. Gerber replied it is at least a year away. Ms. Raymond said we have been working with the engineering department. Ms. Phelan said to clarify, the underground parking at South Aspen is one space for each housing unit. The remainder of the parking is for Ski Co. Mr. Sandler opened the public comment. There was none. Mr. Sandler closed the public comment. Mr. Farrey asked what is going on with the empty space in the middle. Ms. Raymond said the driveway is being moved so the circulation space will move as well including the turning radius. It would also provide room for snow storage. Mr. Bendon said it provides space for garbage trucks and delivery trucks. Regular Meeting Board of Adjustment February 1, 2018 6 Mr. Frank asked if there are options that don’t require a variance. Mr. Bendon said the budget goes completely bonkers with those. It would require going under the existing building. Mr. True said in order to make a determination you are making a finding that there is an unnecessary hardship for the denial. To grant an approval you are finding there is a hardship. Mr. Sandler asked how does staff believe there is not a hardship. Ms. Seminick replied we feel there is not a site specific condition or hardship that would require a variance. The condo plat indicates six spaces. Staff feels like there is adequate parking. Snow is not a unique condition in Aspen and they are expected to remove snow accordingly. Not doing so is not a hardship to this property. Ms. Feddersen said even hearing that the six spots don’t meet the requirements. Ms. Seminick said a non conforming issue is permitted to be maintained even if they are undersized by today’s code. Engineering has not done a full analysis regarding the turning radii. Mr. Bryan said he disagrees. We don’t feel we have six legal spaces. There is community harm by taking away parking spaces the community can use by us. Mr. Farrey said based on today’s code you wouldn’t be able to park six spaces. Mr. Bendon said the practical reality of day to day is far less than six. It is 1974 as well. Even if the dimensions work out on the condo plat they don’t in real life. It looks like four. There is practical difficulty getting in and out of those spaces. The owners recognize the parking crush in the neighborhood and want to do something about it on their own dime. There is a lot of uniqueness to this property. It is a responsible approach. It is five feet that is already encroached on. The final product looks like it does today. Ms. Raymond said you can’t park six cars with today’s standards. Board deliberation Ms. Feddersen said with the lack of spaces and talking about the AACP, she sees the hardship. It is not affecting the neighboring buildings and visitors. She sees this as a hardship and is supportive. Mr. Hopson stated he is supportive for the same reasons. Mr. Sandler said generally he would like to empower the city to enforce rules. After years of dealing with this it seems like a common sense approach when you can’t work within the code. I’m sure the neighbors will appreciate this. Mr. Farrey said they have taken a lot of time to come up with a creative modern solution. It is currently non-conforming and if it were done today it would not get the height on the walls. The five feet is your property. It will meet the code structurally. The hardship is if it were build today you would not be able to park the six. Most of it is below grade. It is replacing and doing a better job of what the community sees. You gain two spots. It is a creative solution and he is in favor of it. Mr. True suggested the motion state a variance is the only reasonable method by which to afford the applicant relief and to deny it would cause unnecessary hardship. Regular Meeting Board of Adjustment February 1, 2018 7 Ms. Feddersen moved to approve Resolution #1, Series of 2018 with the language provided by Mr. True; seconded by Mr. Hopson. Roll call vote. Board Members Farrey, yes; Feddersen, yes; Hopson, yes; Frank, yes; Sandler, yes. Motion carried. At 6:20 p.m. Ms. Feddersen moved to adjourn; seconded by Mr. Frank. All in favor, motion carried. Linda Manning City Clerk 910 Gibson Avenue | Setback Variance Review March 8, 2018 | Board of Adjustment Memo Page 1 of 4 MEMORANDUM TO: Board of Adjustment FROM: Ben Anderson, Planner THRU: Jennifer Phelan, Deputy Planning Director RE: 910 Gibson Avenue; Setback Variance Review Resolution No. 2, Series of 2018 MEETING DATE: March 8, 2018 Applicants Carol Loewenstern Steven Zoll Representative Sarah Oates Oates, Knezevich, Gardenswartz, Kelly, & Morrow, P.C. Address 910 Gibson Avenue Legal Description Parcel B, Smuggler Mobile Home Park, According to the Map and Final Subdivision Plat of Smuggler Mobile Home Park, Recorded April 8, 1982 in Plat Book 13 at Page 25, County of Pitkin, State of Colorado. Parcel ID # 273707490001 Zone District R-15 Land Use Request A variance to a front yard setback requirement. Figure 1. Location of 910 Gibson Avenue – at the intersection of Gibson and Neale Avenues. Parcel is highlighted by shaded yellow area. Summary The combination of a roadway easement granted to the City of Aspen, a 25’ front yard setback requirement, and a lot configuration that is narrow in depth along Gibson Avenue significantly reduces the redevelopment potential of an existing Single Family Residence and a detached garage that includes an accessory dwelling unit. Staff Recommendation Staff recommends a 10 feet front yard setback from the easement as an alternative to the 25 feet setback required in the R-15 Zone District. Staff also recommends approval of a one-year extension of the variance for a total of two years prior to expiration. 910 Gibson Avenue | Setback Variance Review March 8, 2018 | Board of Adjustment Memo Page 2 of 4 REQUEST OF THE BOARD OF ADJUSTMENT The Applicant is requesting the following approval from the Board of Adjustment: • Variance (Chapter 26.314) to grant a variance from the minimum front yard setback. (The Board of Adjustment is the final review authority.) EXISTING CONDITIONS The parcel on which 910 Gibson is located was created as part of the Smuggler Mobile Home Park, but is not part of the Mobile Home Park, and is not subject to the Park’s HOA. The lot contains a Single Family Residence, an accessory dwelling unit and a detached garage. The property is owned by Carol Loewenstern and is currently under contact for sale to Steven Zoll. During the due diligence process for the sale of the property, the intersection of three features of the property raised concerns about the future redevelopment potential of the site. First, the lot is narrow as it moves from Gibson Avenue in the front yard to the boundary of the Mobile Home Park in the rear yard. Second, the property is zoned R-15 which requires a 25 feet front yard setback. Lastly, during the approvals for the Smuggler Mobile Home Park, the developers granted the City of Aspen a roadway easement across the lot in consideration of future improvements to Gibson Avenue. This easement runs the length of the front portion of the property and is approximately 23 feet in width at the southeast side of the property and widens to approximately 35.5 feet in width at the northwest side of the property. In 2010, an Amendment to the Land Use Code approved in Ordinance No. 27, Series of 2010 added the following language to Section 26.575.020.E.3; Determining required setbacks adjacent to streets or rights of way: “When a property does not extend into an adjacent public or private right-of-way or street easement, the required setback shall be measured from the lot line. When a property extends into an adjacent public or private right-of-way or street easement, the required setback for that portion of the lot shall be measured from the edge of the right-of-way or street easement closest to the proposed structure.” Because the roadway easement on this property runs the length of the property – the 25 feet setback requirement in the R- 15 Zone District would be measured from the boundary of the easement across the entire length of the property. See Figure 2 at left. Figure 2. Existing site improvements and conditions. The blue line indicates the extent of easement as it cuts across the property. The pink line indicates the 25’ front yard setback from the easement. The pink shaded area depicts the available development footprint when considering front, rear and side setback requirements. 910 Gibson Avenue | Setback Variance Review March 8, 2018 | Board of Adjustment Memo Page 3 of 4 PROPOSAL While the existing development on the property is legally established, the development is currently non-conforming with regards to the more recently defined and required front yard setback. If the current development were to be maintained, there would not be a requirement to change anything with the existing structures. However, redevelopment of the property would require that future structures conform to the setback requirement. The applicant has requested a 25 feet setback variance. In essence, this request proposes to use the Roadway Easement as the front yard setback. Note: The application additionally included a request for a variance to a City of Aspen Engineering Standard related to the location of the existing driveway. While this variance was discussed in the application, the decision on the variance for the driveway location is made administratively by the City Engineering Department and is not part of the review by the Board of Adjustment. REVIEW Setback Variance The criteria for receiving a variance are strict. A property owner must demonstrate that reasonable use of the property has been withheld by the City and can only be achieved by the City providing a variance. In situations where all, or practically all, reasonable use of a property is made impossible by development regulations, the City has the ability to grant a variance to avoid a “regulatory taking”. The property owner must demonstrate that her rights, as compared with owners of similar properties, have been deprived. In considering this criterion, the Board of Adjustment must consider unique conditions inherent to the property but which are not the result of the Applicant’s actions. DISCUSSION While development potential remains on the property in spite of the roadway easement and setback requirement, Staff agrees that the combination of these two issues with the narrow depth of the lot is unusually restrictive. See Exhibit A for further discussion of Staff Findings and the Review Criteria. While Staff is understanding of the constraints on the property, the easement and the setback requirement continue to have purpose. While the alignment of the roadway of Gibson Avenue has been static and is unlikely to change, it is much more likely that sidewalks or other improvements along the right-of-way are possible. Further west on Gibson, a combination of Land Use decisions over the years has created conditions where the front doors of a dwelling is immediately adjacent to the sidewalk. As such, Planning nor Engineering Staff is not supportive of reducing the setback beyond the easement to 0 feet. Instead a compromise is offered. In the immediate vicinity to this property are properties zoned R-6. R-6 properties have a 10 feet front yard setback requirement. Staff finds that a 10 feet front yard setback for 910 Gibson is appropriate for three reasons: 1) A reduced setback distance (from 25 feet to 10 feet) provides additional development and design potential for the property while till respecting the roadway easement. 2) There is precedent in the immediate neighborhood (and along Gibson Ave.) for 10 feet front yard setbacks. 3) This reduced setback potentially improves future development’s relationship to the street as described in the City of Aspen’s Residential Design Standards. 910 Gibson Avenue | Setback Variance Review March 8, 2018 | Board of Adjustment Memo Page 4 of 4 RECOMMENDATION Staff recommends that the Board of Adjustment approve a variance of reduced front yard setback requirement of 10 feet for the property at 910 Gibson Avenue. This is a reduction of 15 feet from the required 25 feet setback requirement in the R-15 Zone District. Additionally, Staff recommends the simultaneous approval of a one-year extension to the expiration of the variance. This would provide two years from approval to realize future redevelopment utilizing the variance approval. RECOMMENDED MOTION The draft resolution is written in support of a reduced, 10 feet setback. The following motion can be used to approve the resolution as written: “I move to approve Resolution No. 2, Series 2018, granting approval for a variance to a front yard setback at 910 Gibson Avenue, reducing the required setback from 25 feet to 10 feet, and additionally approving a one-year extension of the variance allowing a total of two years from approval before the variance expires.” ALTERNATIVE MOTIONS Alternative 1 – Support of the Applicant’s Request “I move to approve Resolution No. 2, Series 2018, granting approval for a variance to a front yard setback at 910 Gibson Avenue, but amending the Draft Resolution to establish the required front yard setback at 0 feet rather than the 25 feet, and additionally approving a one-year extension of the variance allowing a total of two years from approval before the variance expires.” Alternative 2- Denial of the Variance. “I move to deny Resolution No. 2, Series 2018, denying approval for a setback variance at 910 Gibson Avenue.” Attachments: Exhibit A – Variance Review Criteria, Staff Findings Exhibit B – Application Exhibit C – Public Notice Affidavits Exhibit D – Comments from the City of Aspen’s Engineering Department Board of Adjustment Resolution No. 1, Series 2018 Page 1 of 3 RESOLUTION NO. 2 (SERIES OF 2018) A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT GRANTING APPROVAL FOR A DIMENSIONAL VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED AS PARCEL B, SMUGGLER MOBILE HOME PARK, ACCORDING TO THE MAP AND FINAL SUBDIVISION PLAT OF SMUGGLER MOBILE HOME PARK, RECORDED APRIL 8, 1982 IN PLAT BOOK 13 AT PAGE 25, COUNTY OF PITKIN, STATE OF COLORADO, COMMONLY KNOWN AS 910 GIBSON AVENUE. Parcel ID No. 2737-07-490-001 WHEREAS, the Community Development Department received an application for 910 Gibson Avenue (the Application) from Carol Loewenstern and Steven Zoll (Applicants), represented by Sarah Oates of Oates, Knezevich, Gardenswartz, Kelly, & Morrow, P.C. for the following land use review approval: · Variance, pursuant to Land Use Code Chapter 26.314; and, WHEREAS, the subject property is zoned Moderate Density Residential (R-15); and, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day the application was deemed complete – January 29, 2018, as applicable to this Project; and, WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public hearing on March 8, 2018; and, WHEREAS, during a duly noticed public hearing on March 8, 2018, the Board of Adjustment approved Resolution No. 2, Series of 2018, by an X to X (X-X) vote granting approval of a Dimensional Variance Review, as identified herein. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO THAT: Section 1: General Approval Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Board of Adjustment hereby approves a Setback Variance for the property located at 910 Gibson Avenue and described as follows: 1. Front yard setback is reduced from 25 feet to 10 feet. 2. Pursuant to 26.575.020.E.3, the setback shall continue to be measured from the edge of the roadway easement closest to the proposed structure. (as shown in Exhibit A) 3. All other setbacks and dimensional standards required in the R-15 Zone District remain in effect. 4. The approval of the variance is in consideration of the effect of the roadway easement on the property. If future action eliminates the roadway easement, the front yard setback requirement of the R-15 Zone District will apply. Board of Adjustment Resolution No. 1, Series 2018 Page 2 of 3 Section 2: Extension of Variance This Resolution additionally grants a one (1) year extension pursuant to Section 26.314.070.B. The expiration of the variance is now two (2) years from the date of approval. This is a one-time extension and may not be renewed further. Section 3: All material representations and commitments made by the Applicants pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department and the Board of Adjustment 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 other specific conditions or an authorized authority. Section 4: 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 5: 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. FINALLY, adopted, passed and approved this 8th day of March 2018. Approved as to form: Approved as to content: __________________________ ______________________________ James R. True, City Attorney Andrew Sandler, Chair Attest: _______________________________ Linda Manning, City Clerk Exhibit A – Identification of extent of roadway easement as the point from which to measure the front yard setback. Board of Adjustment Resolution Board of Adjustment lution No. 1, Series 2018 Page 3 of 3 Exhibit A Page 1 of 2 Exhibit A Variance Review Criteria and Staff Findings Chapter 26.314, Variance A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision-making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of this Title and the Municipal Code; and Staff Findings: Staff’s position is that reducing the required setback to 10 feet from 25 feet allows this variance to be consistent with the criterion. First, parcels with R-6 zoning are in the neighborhood and present along other sections of Gibson Avenue. The 10 feet front yard setback allows additional use of the property while still respecting the importance of the easement and the potential for future infrastructure improvements along Gibson. Additionally, allowing structures related to future redevelopment of the property closer to the street would improve the property’s relationship to the street and would get closer to the intent of the Residential Design Standards. Staff finds the criterion to be met. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and Staff Findings: While the property still has development potential without the variance, Staff agrees that an intersection of constraints on the property does create a somewhat unusual situation. While staff cannot support a variance of eliminating the entire 25 feet setback as requested by the applicant, a reduction of the setback to 10 feet greatly expands the developable portion of the lot while remaining consistent with setbacks found on proximate parcels that are zoned R-6. Staff finds that any reduction beyond the recommendation could not meet this criterion. At a 10 feet setback, Staff finds the criterion to be met. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances 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; or Staff Findings: The Applicant seeks a variance to respond to three conditions that relate to the property. Only one is specific to this property – that it is narrow from front to rear. The 25 feet setback requirement is consistent with all properties in the R-15 Zone District and the requirement that the front yard setback begin at the roadway easement rather than the front property line applies to all parcels in the city. Page 2 of 2 Staff does agree that the intersection of the three qualities does create unique constraints on future redevelopment. Staff finds the criterion to be met. b. Granting the variance will not confer upon the applicant any special privilege denied the terms of this Title and the Municipal Code to other parcels, buildings or structures, in the same zone district. Staff Findings: While the 10 feet front yard setback would grant some difference from otther parcels in the R-15 Zone District, it still retains the idea of the front yard setback that is consistent with other neighboring parcels and most importantly respects the roadway easement. Again at a reduction of the setback to 10 feet, Staff can make findings on this criterion. Any greater reduction would confer privilege to the parcel that are denied to other parcels – and would not meet this criterion. At a 10 feet setback, Staff finds the criterion to be met. Pitkin County Mailing List of 300 Feet Radius Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. From Parcel: 273707490001 on 02/07/2018 Instructions: Disclaimer: http://www.pitkinmapsandmore.com ELA CHARLES S ASPEN, CO 81611 140 MAPLE LN CRAVEN ELLYN KATHLEEN ASPEN, CO 81611 124 MAPLE LN THALBERG K MARITAL INC TRUST BOZEMAN, MT 59715 128 HITCHING POST RD GIBSON MATCHLESS LLC ATLANTA, GA 30324 1924 PIEDMONT CIR NE BLEEKER STREET REV TRUST ASPEN, CO 81612 PO BOX 22 STROBL MARIO J ASPEN, CO 81611 110 MAPLE LN RATHBUN DON ASPEN, CO 81612 PO BOX 1573 CURLEY LESLIE DIANE ASPEN, CO 81612 PO BOX 8783 DOUGHERTY THOMAS P WILMINGTON, DE 19808 5317 LIMESTONE RD HATANAKA HOWARD I ASPEN, CO 81611 980 KING ST MARZIALE ANTONIO CYPRESS, TX 774335977 15201 MASON RD #1000 PMB 375 LEILA KING LLC SAN FRANCISCO, CA 94111 4 EMBARCADERO CTR # 1900 FOERSTER JAMES ASPEN, CO 81611 0134 MAPLE LN SMUGGLER RACQUET CLUB ASPEN, CO 81612 PO BOX 8788 MORIARTY RYAN J ASPEN, CO 81611 625 E MAIN ST # 102B LANG DONALD W ASPEN, CO 81612 PO BOX 4166 CITY OF ASPEN ASPEN, CO 81611 130 S GALENA ST SOSNA DOMINIKA ASPEN, CO 81611 113 MAPLE LN BECKER ALAN K TRUST ASPEN, CO 81611 950 MATCHLESS DR BREBNER RICHARD ASPEN, CO 81611 124 MAPLE LN KASABACH JACQUELYN A ASPEN, CO 81612 PO BOX 4166 PATTERSON KAREN & CHARLES ASPEN, CO 81611 129 MAPLE LN HEARTSTONE LLC ASPEN, CO 81612 PO BOX 151 990 KING ST UNIT #4 LLC ASPEN, CO 81611 1295 RIVERSIDE DR EARL MONTY & CAMILLA ASPEN, CO 816112175 114 MAPLE LN JUNGQUIST DAVID J REV TRUST SAINT PAUL, MN 55128 6348 HWY 36 BLVD #8 GONZALES ANNE ASPEN, CO 81611 119 MAPLE LN GALL STEPHEN & DESIREE ASPEN, CO 81611 216 COTTONWOOD LN SIMPSON PATRICIA A & CHARLES W ASPEN, CO 81611 116 MAPLE LN SHEEBER AIMEE ASPEN, CO 81611 138 MAPLE LN WARMING SOLVEIG ASPEN, CO 81611 120 MAPLE LN GIRVIN LINDA A ASPEN, CO 81611 414 N MILL ST KAY PATRICIA C ASPEN, CO 81611 218 COTTONWOOD LN CAIN JOHN J TRUST SUNRIVER, OR 97707 18160 COTTONWOOD RD #375 DODARO CHRISTINE & PETER ASPEN, CO 81611 930 MATCHLESS DR BROOKS LAURIA J CAPE CORAL, FL 33904 3009 SE 19TH PL WAGAR RICHARD H ASPEN, CO 81612 PO BOX 9063 RIVERS EDGE CONDO ASSOC ASPEN, CO 81611 COMMON AREA 851 GIBSON AVE TROUSDALE JEAN VICK ASPEN, CO 81612 PO BOX 9983 RYAN MARTHA ASPEN, CO 81611 127 MAPLE LN BECK JEFFREY L & JANET SUE DALLAS, TX 75254 6211 RAINTREE CT ANDERSON BRETT & ALLISON ASPEN, CO 81611-2183 226 COTTONWOOD LN BENZIGER KATHERINE ASPEN, CO 81611 1050 MATCHLESS DR #2 GRAHAM GERALDINE HARPER REV TRUST ASPEN, CO 81612 PO BOX 9277 WAGAR RICHARD H ASPEN, CO 81612 PO BOX 9063 KNIGHT ERIC ASPEN, CO 81611 138 MAPLE LN CURTIS DEBRA ASPEN, CO 81611 142 MAPLE LN BYARD ANNE/MORRIS JAMES LIV TRUST ASPEN, CO 81611 860 GIBSON AVE HAT COLORADO LLC LOS ANGELES, CA 90024 10866 WILSHIRE BLVD #1100 SHOAF JEFFREY S ASPEN, CO 81612 PO BOX 3123 HARRIS DAVID E & PATRICIA ASPEN, CO 81611 117 NEALE AVE SMALLS RAY ASPEN, CO 81612 PO BOX 3197 ROYER CHRISTOPHER I & ELANA W ASPEN, CO 816112176 121 MAPLE LN MAPLE CHARLES A & BRYCE M ASPEN, CO 81611 1250 MOUNTAIN VIEW DR 990 KING ST UNIT #2 LLC ASPEN, CO 81611 1295 RIVERSIDE DR MAINIAC PROPERTIES LLC SCARBOROUGH, ME 04074 201 US ROUTE 1 #226 GREECHAN JENNIFER RUTH ASPEN, CO 81611 228 COTTONWOOD LN KIERNAN KATHLEEN ASPEN, CO 81611 212 COTTONWOOD LN RUGGIERI LISA ANN ASPEN, CO 81611 136 MAPLE LN JUNGQUIST TERRI L REV TRUST SAINT PAUL, MN 55128 6348 HWY 36 BLVD #8 CHRISTOPHER MICHAEL ASPEN, CO 816112179 130 MAPLE LN PATRICIA CONDO ASSOC ASPEN, CO 81611 COMMON AREA 980 KING ST HAMILTON VIRGINIA RUTH ASPEN, CO 81611 0134 MAPLE LN DWS FAMILY TRUST DALLAS, TX 75201 1918 N OLIVE STREET #1901 WALDRON K BRENT ASPEN, CO 81612 PO BOX 4900 JOHNSON ELIZABETH A ASPEN, CO 81611 115 MAPLE LN RACQUET CLUB CONDO ASSOC ASPEN, CO 81611 1000 MATCHLESS DR CITY OF ASPEN ASPEN, CO 81611 130 S GALENA ST DANFORTH DAVID N ASPEN, CO 81612 PO BOX 1863 SURVIVORS TRUST ALAMEDA, CA 94501 1352 BAY ST CLARENCE JUSTIN ASPEN, CO 81611 212 COTTONWOOD LN URBAN BLIGHT CONDO ASSOC ASPEN, CO 81611 COMMON AREA 925 GIBSON AVE 931 GIBSON LLC ASPEN, CO 81611 623 E HOPKINS CLAPPER THOMAS C ASPEN, CO 81611 218 COTTONWOOD LN FUENTE DAVID & SHEILA BOCA RATON, FL 33431 701 TERN POINT CIR SNOW ORCHID LLC MENLO PARK, CA 94025 1125 SAN MATEO DR LEMLEY EVA ASPEN, CO 81611 222 COTTONWOOD LN PADDEN KEVIN J & NINA K ASPEN, CO 81611 224 COTTONWOOD LN FRONTIER LLC OMAHA, NE 681270395 PO BOX 27395 VARE DARLENE DESEDLE TRUST SANTA MONICA, CA 90403 1024 19TH ST #7 LIPSEY WILLIAM S ASPEN, CO 81611 955 KING ST ROCKY MTN PROPERTY II LLC ASPEN, CO 81611 73 SMUGGLER GROVE RD TEUSCHER JONATHAN W & ANNETTE L ASPEN, CO 81611 126 MAPLE LN GREENWOOD WILLIAM S ASPEN, CO 81612 PO BOX 4778 SMUGGLER HOMEOWNERS ASSOCIATION ASPEN, CO 81611 OAK LN, COTTONWOOD LN, MAPLE LN PERKINS WENDY LIVING TRUST ASPEN, CO 81611 122 MAPLE LN BELINDA BEE CONDO ASPEN, CO 81611 990 KING ST Exhibit D Referral Comments from Engineering Department Ben, After reviewing the submittal for variances at 910 Gibson, I have the following comments: 1. The setback variance: The road easement must remain in place for possible future improvements. Decreasing the front yard setback is a viable solution in the eyes of the Engineering Department. 2. The driveway variance: The variance request for the driveway is denied. The existing driveway is located on private property without an easement, therefore an easement must be granted. The proposed improvements to the “intersection” are not satisfactory, and do not create a safer intersection. The property has sufficient usable space along Gibson for a driveway connection without granting a variance. I will inform the applicant of the variance denial. Please let me know if you have any questions. Michael Horvath, PE, CFM Civil Engineer II Engineering Department City of Aspen mike.horvath@cityofaspen.com Ph: (970) 429-2776 701 S. Monarch St./Caribou Condos | Variance Extension Request March 8, 2018 | Board of Adjustment Memo Page 1 of 1 MEMORANDUM TO: Board of Adjustment FROM: Jennifer Phelan, Deputy Planning Director RE: 701 S. Monarch St. (Caribou Condos) Variance Extension Resolution No. 1, Series of 2018 MEETING DATE: March 8, 2018 On February 1, 2018, the Board of Adjustment approved Resolution No. 1, Series of 2018; granting a variance at the subject property permitting a subgrade parking garage, elevator, and associated elements to encroach into the north and east setbacks. Variances automatically expire twelve (12) months after date of approval unless the development has commenced as illustrated by issuance of a building permit. The applicant may request a one-time extension of up to twelve (12) additional months. All requests must demonstrate good cause that an extension is necessary and that the circumstances are still applicable. The Applicant is requesting an extension of the variance for the following reasons, and as detailed in the extension request letter found in Exhibit B: 1. The engineering design for a project of this nature is complex. The Applicant estimates the preparation of construction drawings, architectural drawings, and construction mitigation plans will take between 9-12 months to complete. This process needs to be finalized prior to submittal of the building permit. 2. The variance expiration relies upon issuance of a building permit. The Applicant does not have control over the City’s building permit review process. A draft resolution amending Resolution No. 1, Series of 2018 reflecting this request is included in the agenda for the Board’s consideration. The approval resolution is included as Exhibit A. RECOMMENDATION: Staff recommends extension of the expiration of the variance approval from 12 to 24 months. PROPOSED MOTION: “I move to approve the variance approval extension from 12 to 24 months.” Attachments: Exhibit A – Variance Review Criteria, Staff Findings Exhibit B – Applicant Extension Request Board of Adjustment Reso No. 1, Series 2018 Page 1 of 4 RESOLUTION NO. 1 (SERIES OF 2018) A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT GRANTING APPROVAL FOR A DIMENSIONAL VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED IN EXHIBIT A TO THIS RESOLUTION, COMMONLY KNOWN AS 701 S. MONARCH ST., CARIBOU CONDOMINIUMS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID Nos: 2735-131-25-001- 2735-131-25-006 and 2735-131-25-800, WHEREAS, the Community Development Department received an application for 701 S. Monarch St., Caribou Condominiums (the Application) from Caribou Condominium Home Owners Association (Applicant), represented by BendonAdams for the following land use review approvals: · Variance, pursuant to Land Use Code Chapter 26.314; and, WHEREAS, the subject property is zoned Lodge (L); and, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day the application was deemed complete – September 15, 2017, as applicable to this Project; and, WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public hearing on January 25, 2018; and, WHEREAS, during a duly noticed public hearing on January 25, 2018, the Board of Adjustment approved Resolution 1, Series of 2018, by a five to (5-0) vote granting approval of a Dimensional Variance Review, as identified herein. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO THAT: Section 1: General Approval Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Board of Adjustment hereby approves a Setback Variance for the property located at 701 S. Monarch St and described as follows: 1. Front yard (east) setback variance allowing a 0’ setback for the below grade garage and above grade retaining wall and parking space. The retaining walls shall not exceed the height of 42” as shown in Exhibit B, Approved Drawings. 2. Side yard (north) setback variance allowing a 0’ setback for the below grade garage and allowing a 0’ setback for the above grade car elevator and enclosure, above grade retaining wall not to exceed 42”, and trash/recycle containers and fence/enclosure. Section 2: Engineering Department The Applicant’s design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all applicable standards published by the Engineering Department. Board of Adjustment Reso No. 1, Series 2018 Page 2 of 4 1. The curb cut entrance to the parking area and adjacent ROW shall meet all Engineering Department standards or a variance to the design standards must be approved by the City Engineer at the time of Building Permit. Any representation of stairs in the ROW shown on the land use approval documents are not permitted and do not have Engineering Department approval. A more detailed grading plan shall be submitted to the Engineering Department to determine an appropriate sidewalk and driveway configuration. Section 3: Zoning 1. The fence used along the trash enclosure shall meet Subsection 26.575.020. E.5 of the Land Use Code at building permit, as amended. 2. The floor area calculations of the demolished and replacement structures shall be confirmed by the City Zoning Enforcement Officer at the time of building permit Section 4: Parks Department 1. Parks has no concerns regarding any interior work in the courtyard, however, it appears that they will be removing part of the wall and moving the drive entrance closer to the cottonwood tree. There is also an aspen tree just outside of the NW corner wall that may be impacted that will be assessed at building permit. The work near these trees shall be coordinated with and approved by the City Forester. 2. A tree dripline excavation permit will be required for this project. Section 5: Building Department The Applicant shall meet all applicable building and accessibility codes in place at the time of building permit. Section 6: Expiration Variances automatically expire twelve (12) months after approval. The Applicant requested a one-time extension of this approval for a total of twenty-four (24) months. Pursuant to Sec. 26.314.070, Expiration, the variance approval will expire twenty-four (24) months after the date of approval. The Applicant may not request additional extensions of this approval. Section 7: 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 Community Development Department and the Board of Adjustment 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 other specific conditions or an authorized authority. Section 8: 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. Board of Adjustment Reso No. 1, Series 2018 Page 3 of 4 Section 9: 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. FINALLY, adopted, passed and approved this 1st day of February, 2018. Approved as to form: Approved as to content: __________________________ ______________________________ James R. True, City Attorney Andrew Sandler, Chair Attest: _______________________________ Linda Manning, City Clerk Attachments: Exhibit A: Legal Description Exhibit B: Approved Drawings Board of Adjustment Reso No. 1, Series 2018 Page 4 of 4 Exhibit A, Legal Description CARIBOU CONDOMINIUMS ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED IN PLAT BOOK 4 AT PAGE 379, AND ACCORDING TO THE FINAL SUBDIVISION PLAT OF THE CARIBOU CONDOMINIUMS RECORDED IN PLAT BOOK 4 AT PAGE 404, AND CONDOMINIUM MAP OF PARCEL B, UNITS 5, & 6, CARIBOU CONDOMINIUMS, RECORDED IN PLAT BOOK 4 AT PAGE 454 AND SECOND AMENDED CONDOMINIUM MAP RECORDED SEPTEMBER 8, 2010 IN PLAT BOOK 94 AT PAGE 52 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR CARIBOU CONDOMINIUMS RECORDED APRIL 24, 1973 IN BOOK 275 AT PAGE 28, AND THE AMENDMENTS THERETO RECORDED NOVEMBER 2, 1973 IN BOOK 280 AT PAGE 971, RECORDED DECEMBER 24, 1973 IN BOOK 282 AT PAGE 822, RECORDED MAY 2, 1975 IN BOOK 298 AT PAGE 437, RECORDED APRIL 28, 1975 IN BOOK 311 AT PAGE 30I, RECORDED JUNE 18, 1998 UNDER RECEPTION NO. 418308, RECORDED SEPTEMBER 8, 2010 UNDER RECEPTION NO. 573338. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. IIIIIII VIIIVIIIVIIIIIIIIIIIIIIIIIIIIIIilllllllllllllllllllllllllllllllll RECEPTION#: 644992, R: $93.00, D: $0.00 DOC CODE: RESOLUTION RESOLUTION NO. 1 Pg 1 of 17,02/07/2018 at 09:58:17 AM SERIES OF 2018) Janice K.Vos Caudill, Pitkin County, CO A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT GRANTING APPROVAL FOR A DIMENSIONAL VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED IN EXHIBIT A TO THIS RESOLUTION, COMMONLY KNOWN AS 701 S. MONARCH ST., CARIBOU CONDOMINIUMS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID Nos:2735-131-25-001- 2735-131-25-006 and 2735-131-25-800, WHEREAS, the Community Development Department received an application for 701 S. Monarch St., Caribou Condominiums (the Application) from Caribou Condominium Home Owners Association (Applicant), represented by BendonAdams for the following land use review approvals: Variance, pursuant to Land Use Code Chapter 26.314; and, WHEREAS,the subject property is zoned Lodge (L); and, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day the application was deemed complete — September 15, 2017, as applicable to this Project; and, WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public hearing on January 25, 2018; and, WHEREAS, during a duly noticed public hearing on January 25, 2018. the Board of Adjustment approved Resolution 1, Series of 2018, by a five to (5-0) vote granting approval of a Dimensional Variance Review, as identified herein. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO THAT: Section 1: General Approval Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Board of Adjustment hereby approves a Setback Variance for the property located at 701 S. Monarch St and described as follows: 1. Front yard(east) setback variance allowing a 0' setback for the below grade garage and above grade retaining wall and parking space. The retaining walls shall not exceed the height of 42" as shown in Exhibit B, Approved Drawings. 2. Side yard (north) setback variance allowing a 0' setback for the below grade garage and allowing a 0' setback for the above grade car elevator and enclosure, above grade retaining wall not to exceed 42", and trash/recycle containers and fence/enclosure. Section 2: Engineering Department The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all applicable standards published by the Engineering Department. Board of Adjustment Reso No. I, Series 2018 Page 1 of 4 I. The curb cut entrance to the parking area and adjacent ROW shall meet all Engineering Department standards or a variance to the design standards must be approved by the City Engineer at the time of Building Permit. Any representation of stairs in the ROW shown on the land use approval documents are not permitted and do not have Engineering Department approval. A more detailed grading plan shall be submitted to the Engineering Department to determine an appropriate sidewalk and driveway configuration. Section 3: Zoning 1. The fence used along the trash enclosure shall meet Subsection 26.575.020. E.5 of the Land Use Code at building permit, as amended. 2. The floor area calculations of the demolished and replacement structures shall be confirmed by the City Zoning Enforcement Officer at the time of building permit Section 4: Parks Department 1. Parks has no concerns regarding any interior work in the courtyard, however, it appears that they will be removing part of the wall and moving the drive entrance closer to the cottonwood tree. There is also an aspen tree just outside of the NW comer wall that may be impacted that will be assessed at building permit. The work near these trees shall be coordinated with and approved by the City Forester. 2. A tree dripline excavation permit will be required for this project. Section 5: Building Department The Applicant shall meet all applicable building and accessibility codes in place at the time of building permit. Section 6• 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 Community Development Department and the Board of Adjustment 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 other specific conditions or an authorized authority. Section 7• 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 8• 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. Board of Adjustment Reso No. I, Series 2018 Page 2 of 4 FINALLY, adopted, passed and approved this ls`day of February, 2018. Approved as to form: Approved as to tent: jaides R. True, City Attorney Andrew Sandler, Chair Aind,*1,n,in[ PVCJ City Clerk Attachments: Exhibit A: Legal Description Exhibit B: Approved Drawings Board of Adjustment Reso No. I, Series 2018 Page 3 of 4 Exhibit A, Legal Description CARIBOU CONDOMINIUMS ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED IN PLAT BOOK 4 AT PAGE 379, AND ACCORDING TO THE FINAL SUBDIVISION PLAT OF THE CARIBOU CONDOMINIUMS RECORDED IN PLAT BOOK 4 AT PAGE 404, AND CONDOMINIUM MAP OF PARCEL B, UNITS 5, & 6, CARIBOU CONDOMINIUMS, RECORDED IN PLAT BOOK 4 AT PAGE 454 AND SECOND AMENDED CONDOMINIUM MAP RECORDED SEPTEMBER 8, 2010 IN PLAT BOOK 94 AT PAGE 52 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR CARIBOU CONDOMINIUMS RECORDED APRIL 24, 1973 IN BOOK 275 AT PAGE 28, AND THE AMENDMENTS THERETO RECORDED NOVEMBER 2, 1973 IN BOOK 280 AT PAGE 971, RECORDED DECEMBER 24, 1973 IN BOOK 282 AT PAGE 822, RECORDED MAY 2, 1975 IN BOOK 298 AT PAGE 437, RECORDED APRIL 28, 1975 IN BOOK 311 AT PAGE 30I, RECORDED JUNE 18, 1998 UNDER RECEPTION NO. 418308, RECORDED SEPTEMBER 8, 2010 UNDER RECEPTION NO. 573338. 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IBMIS HONVNOW H1nOS wL 1 S e 3wdvE)OONOo nosldvo MIN I I IIIII I I i I i I I I e I I i I I I Ii IiIiI i IiI i I I I i I i I i I i I I i f i I i I z I I j I 4 W W SNOIIVA31303SOdONd t 7E°i 1 OO'N3dsv 1-•a• `' 9°Pe l? 133HIS HONVNOW H.LnOS WL 30VHVfl OONOO nOSIUVO o 3 l l a 1 LI I 1II I I I I 1 1 I I I 1 I I IIII I 3 I I I 1 IIIc I u 1 I f' l I I I I 1 0 U I F 1 I I i I II1III 1I J II u II II I I 4 i 1 O 11 f Ii r w. N aw I I oW9:uWiH`B.:': " Full i9'i N01103S 03SOdOHd 1331:1S H021tlNOW H1f10S lOL `f p 0: v 1 ick 30VHVO oaNOO n091HVO -1k I aI€'1 i' J$i<FUYOi 00 ffy z wm lW< Ol m o N 0 FH uF 0 y Y f o V J.3'3 «a_ A2 vel ae h| 2 !d mammon_o 4 A] a w I k of W 7N U6 zwxN4d$ aOKIL v I' i KOFt w r w a U w N d O J a 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM February 15, 2018 Ms. Hillary Seminick, AICP Community Development Department City of Aspen 130 So. Galena St. Aspen, CO 81611 RE: Caribou Condominiums – 701 So. Monarch St. Ms. Seminick: Please accept this request to extend the variance approval granted to the Caribou Condominiums pursuant to Resolution No. 1, 2018. We understand the approval to be valid for one year in which time we must apply for and receive a building permit. We are requesting an additional 12 months, providing the maximum allowed 24-month vesting period. We believe the complexity of the project and the review period needed to acquire a building permit warrant this extension. The engineering complexity for this project is significant. Engineering plans for the excavation and stabilization are underway and well as engineering plans for the structural system. Information from both engineering disciplines will factor into selection of an elevator system and development of architectural plans, construction drawings, and construction mitigation plans. This entire body of work product is needed to make a competent submission for building permit and is expected to take 9-12 months. We anticipate the City’s permit review to take a minimum of 6 months, with the number and scope of issues and the various comments/corrections cycles. We will respond to comments/corrections in a timely manner but do not control the overall timeframe for review or permit queueing priorities. Unforeseen issues may arise and either or both anticipated timeframes could lengthen. Section 26.314.070.B of the City of Aspen Land Use Code enables the approving board (the Board of Adjustment in this case) to grant a one-time extension for up to 12 months for good cause shown and if the circumstances remain the same. 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM As discussed above, we believe the realistic timeframe necessary to design the engineering systems, apply for and gain a permit will exceed the allotted 12 months. We also believe the basis for the variance has not changed. The factual conditions of the property are the same. Respectfully, we request a 12-month extension, thereby enabling a 24-month vesting period for the variance granted via BOA R esolution No. 1, 2018. Please let us know if we can address any questions you may have. We understand the item is docketed for the March 8, 2018, Board of Adjustment meeting and we will be available to address questions the Board has at that time. Kind Regards, Chris Bendon, AICP BendonAdams, LLC Attached: BOA Resolution No. 1, 2018 (draft) Application contents Copy: Andrew Gerber, Caribou Condominiums Chris Bryan, Garfield & Hecht Attorneys Kim Raymond, Kim Raymond Architects Board of Adjustment Reso No. __, Series 2018 Page 1 of 4 RESOLUTION NO. __ (SERIES OF 2018) A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT GRANTING APPROVAL FOR A DIMENSIONAL VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED IN EXHIBIT A TO THIS RESOLUTION, COMMONLY KNOWN AS 701 S. MONARCH ST., CARIBOU CONDOMINIUMS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID Nos: 2735-131-25-001- 2735-131-25-006 and 2735-131-25-800, WHEREAS, the Community Development Department received an application for 701 S. Monarch St., Caribou Condominiums (the Application) from Caribou Condominium Home Owners Association (Applicant), represented by BendonAdams for the following land use review approvals: · Variance, pursuant to Land Use Code Chapter 26.314; and, WHEREAS, the subject property is zoned Lodge (L); and, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day the application was deemed complete – September 15, 2017, as applicable to this Project; and, WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public hearing on January 25, 2018; and, WHEREAS, during a duly noticed public hearing on January 25, 2018, the Board of Adjustment approved Resolution __, Series of 2018, by a ____ to ____ (__-__) vote granting approval of a Dimensional Variance Review, as identified herein. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO THAT: Section 1: General Approval Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Board of Adjustment hereby approves a Setback Variance for the property located at 701 S. Monarch St and described as follows: 1. Front yard (east) setback variance allowing a 0’ setback for the below grade garage and above grade retaining wall and parking space. The retaining walls shall not exceed the height of 42” as shown in Exhibit B, Approved Drawings. 2. Side yard (north) setback variance allowing a 0’ setback for the below grade garage and allowing a 0’ setback for the above grade car elevator and enclosure, above grade retaining wall not to exceed 42”, and trash/recycle containers and fence/enclosure. Section 2: Engineering Department The Applicant’s design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all applicable standards published by the Engineering Department. Board of Adjustment Reso No. __, Series 2018 Page 2 of 4 1. The curb cut entrance to the parking area and adjacent ROW shall meet all Engineering Department standards or a variance to the design standards must be approved by the City Engineer at the time of Building Permit. Any representation of stairs in the ROW shown on the land use approval documents are not permitted and do not have Engineering Department approval. A more detailed grading plan shall be submitted to the Engineering Department to determine an appropriate sidewalk and driveway configuration. Section 3: Zoning 1. The fence used along the trash enclosure shall meet Subsection 26.575.020. E.5 of the Land Use Code at building permit, as amended. 2. The floor area calculations of the demolished and replacement structures shall be confirmed by the City Zoning Enforcement Officer at the time of building permit Section 4: Parks Department 1. Parks has no concerns regarding any interior work in the courtyard, however, it appears that they will be removing part of the wall and moving the drive entrance closer to the cottonwood tree. There is also an aspen tree just outside of the NW corner wall that may be impacted that will be assessed at building permit. The work near these trees shall be coordinated with and approved by the City Forester. 2. A tree dripline excavation permit will be required for this project. Section 5: Building Department The Applicant shall meet all applicable building and accessibility codes in place at the time of building permit. Section 6: 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 Community Development Department and the Board of Adjustment 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 other specific conditions or an authorized authority. Section 7: 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 8: 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. Board of Adjustment Reso No. __, Series 2018 Page 3 of 4 FINALLY, adopted, passed and approved this 1st day of February, 2018. Approved as to form: Approved as to content: __________________________ ______________________________ James R. True, City Attorney NAME, Chair Attest: _______________________________ Linda Manning, City Clerk Attachments: Exhibit A: Legal Description Exhibit B: Approved Drawings Board of Adjustment Reso No. __, Series 2018 Page 4 of 4 Exhibit A, Legal Description CARIBOU CONDOMINIUMS ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED IN PLAT BOOK 4 AT PAGE 379, AND ACCORDING TO THE FINAL SUBDIVISION PLAT OF THE CARIBOU CONDOMINIUMS RECORDED IN PLAT BOOK 4 AT PAGE 404, AND CONDOMINIUM MAP OF PARCEL B, UNITS 5, & 6, CARIBOU CONDOMINIUMS, RECORDED IN PLAT BOOK 4 AT PAGE 454 AND SECOND AMENDED CONDOMINIUM MAP RECORDED SEPTEMBER 8, 2010 IN PLAT BOOK 94 AT PAGE 52 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR CARIBOU CONDOMINIUMS RECORDED APRIL 24, 1973 IN BOOK 275 AT PAGE 28, AND THE AMENDMENTS THERETO RECORDED NOVEMBER 2, 1973 IN BOOK 280 AT PAGE 971, RECORDED DECEMBER 24, 1973 IN BOOK 282 AT PAGE 822, RECORDED MAY 2, 1975 IN BOOK 298 AT PAGE 437, RECORDED APRIL 28, 1975 IN BOOK 311 AT PAGE 30I, RECORDED JUNE 18, 1998 UNDER RECEPTION NO. 418308, RECORDED SEPTEMBER 8, 2010 UNDER RECEPTION NO. 573338. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT March, 2016 City of Apen|130 S. Galena St.|(970) 920 5050 ATTACHMENT 2 – LAND USE APPLICATION PROJECT: Name: _______________________________________________________________________________________________ Location:_______________________________________________________________________________________________ Parcel ID # (REQUIRED) APPLICANT: Name: _______________________________________________________________________________________________ Address: _______________________________________________________________________________________________ Phone #: REPRESENTIVATIVE: Name: _________________________________________________________________________________________________ Address:________________________________________________________________________________________________ Phone#: TYPE OF APPLICATION: (Please check all that apply): EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) Have you attached the following? FEES DUE: $ ______________ Pre-Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements – including Written Responses to Review Standards 3-D Model for large project All plans that are larger than 8.5” X 11” must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. GMQS Exemption Conceptual PUD Temporary Use GMQS Allotment Final PUD (& PUD Amendment) Special Review Subdivision Conceptual SPA ESA – 8040 Greenline, Stream Subdivision Exemption (includes Margin, Hallam Lake Bluff, Condominiumization) Mountain View Plane Final SPA (&SPA Commercial Design Review Lot Split Amendment) Residential Design Variance Lot Line Adjustment Small Lodge Conversion/ Expansion Conditional Use Other: Caribou Condominiums Setback Variance 701 South Monarch Street. 2735-131-25-800 Caribou Condominiums HOA; Andrew Gerber, President 701 South Monarch Street; Aspen, CO 81611 BendonAdams 300 So. Spring St. 202; Aspen, CO 81611 970.925.2855 6 Residential units, with surface parking on a 12,000+ s.f. lot in the Lodge Zone District Front and side yard variance to allow development of subgrade parking, relocation of the trash enclosure 0 (continuation of previous billing) Front and Side Yard Variances Exhibit 1 City C970 COMMUNITY DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Name: Andrew Gerber Property Owner (“I”): Email: andrewsgerber@gmail.com Phone No.: Address of Property: (subject of application) Caribou Condominiums HOA 701 South Monarch Street Aspen, CO 81611 I certify as follows: (pick one) □This property is not subject to a homeowners association or other form of private covenant. □This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ■This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: Sept.1 2017 _________________________ date:___________ Owner printed name: Andrew Gerber, President Caribou Condominiums HOA or, Attorney signature: _________________________ date:___________ Attorney printed name: _________________________ Exhibit 2 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM September 1, 2017 Ms. Jessica Garrow, AICP Community Development Director City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: Caribou Condominiums Homeowners Association; Aspen, CO. Ms. Garrow: Please accept this letter authorizing BendonAdams, LLC, to represent our interests in the Caribou Condominiums Homeowners Association and act on our behalf on matters reasonably associated in securing land use approvals for the Association. If there are any questions about the foregoing or if I can assist, please do not hesitate to contact me. Kind Regards, Andrew Gerber, President Caribou Condominiums HOA 701 South Monarch Street Aspen, CO 81611 e: andrewsgerber@gmail.com Exhibit 4 Caribou Condominiums – Vicinity Map 701 South Monarch Street Exhibit 5 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT March, 2016 City of Apen|130 S. Galena St.|(970) 920 5050 Agreement to Pay Application Fees An agreement between the City of Aspen (“City”) and Property Phone No.: Owner (“I”): Email: Address of Billing Property: Address: (Subject of (send bills here) application) I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $.___________flat fee for __________________. $.____________ flat fee for _____________________________ $.___________ flat fee for __________________. $._____________ flat fee for _____________________________ For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that addit ional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $________________ deposit for_____________ hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $________________ deposit for _____________ hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Property Owner: ________________________________ _______________________________________________ Jessica Garrow, AICP Community Development Director Name: _______________________________________________ Title: _______________________________________________ City Use: Fees Due: $____Received $_______ Caribou Condominium Association Andrew Gerber, President 701 South Monarch Street Aspen, CO 81611 970-925.2855 andrewsgerber@gmail.com 701 So. Monarch Street Aspen, CO 81611 3,250 10 325 1 975 Environmental Health Caribou Condominium HOA Andrew Gerber, President Continuation of previous billing Exhibit 6 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PRO ERTY: �11�5 Dh A\12 Aspen, CO SCHEDULED PUBLIC HEARING DATE: , 20 ' 3p STATE OF COLORADO ) ss. County ofCPit ) I, >���,� /� (name, please print) being or repre enting an Applican o the City of Aspen, Colorado, hereby personally certify that I have complied with e public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: XPublication 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 on the_ day of , 20 , 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 Li r 1142 I ;iIweiU-,. Development Department, which contains the information_descnbed m 'Section 26.304.060(E)(2) of the Aspen Land.Use Coder.. At leas f fifteen(15)days prior to the public hearing, notice was hand delivered,�orinailedXby;firsE-,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. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to, the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and, new Specially Planned Areas, are subject to this notice requirement. Rezoning or test amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey-map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map 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. S�nature The foregoing"Affidavit of Notice"was acknowledged before me this day Of r U r 20,10 , by ��pl1;c. Vtrozw WITNESS MY HAND AND OFFICIAL SEAL r7N NNIE L SHILES My commission expires: 1013°1-, Z I NOTARY PUBLIC TE OF COlORA00 �tf1'9✓IYQ, S��I.Q S ARY ID 200tS 8738 Notary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION NOTICE OF PLISLIC HEARwc • PHOTOGRAPH OF THE POSTED RE:"I s MaRemtl St I"nee"Corooaaaaea 2=9N=- uak Maa18.2018;9.'.10 pm • LIST OF THE 0WNERSAND GOP* 2=AR`°"- a"HM.Om"mc"'/mn�eomrlwG.cewnesL,ARo-,cO8`1 COSIIHI BY MAIL L�Ds�ptl: PARCEL 8,SMUGG ER MOBLE HOME PARK ACCORDING TO THE MAP I AND FINAL SUBDIVISION PLAT OF SMUGGLER MOBILE HOME PARK,RE • APPLICANT CERTIFICATION Oi CCORDED ORNED APRIWTNIN�AT IN FLATOF BOOK K113A PAGE 25.CITY OF ASPEN. OoalPtlon: The eppliomt is requestoR a valknoe to a hart yar0 ae0eck mWirmem Tm AS REQUIRED BY C.R.S. §24-65.; =tea�A ma�R wse Com�t«�Pa h SdrGePlO as mega,od aan a"oramanoa mora mr;ronoiur,o ler oleo thlr "'many Eno.Tea C."o t.a0s easemalt mo saleatlr rmuilanenl lm, Qe Plowny m ale cede a more m0 Io menl. Lark Uro Neviawa Raq: Varimm OedNon M.MnB BOEy: masa AaoMmoot APPmaa: SS CO 67M,ao OKGKM.P.C.Apo;Semh Gems,MG E.Hopkins Ave..Aran I 11. Mon Inlomlamn: .For tumor Woorwian muted to Ne aalaa,omW Ben Aorrom at 0s Dry of Aran Commuaty mvampmem Depromornt.,1W S.Grins SL,Aspen.CO. ' (9]Of 6282]fiS.BenAllEersanOa"Waapen.can. PueR4ME m ale Aspen Tones m F �• eenlary 15,2018 (00001917I4) AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 910 Gibson Ave., Aspen, CO SCHEDULED PUBLIC HEARING DATE: March 8, 2018 STATE OF COLORADO ) ) ss. County of Pitkin ) I, Sarah Oates, being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: COA 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. XX 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 on the 21 st day of February, 2018, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. XX 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. N/A Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) None of record Mineral Estate chi,ner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, PDs that create more than one lot, and new Planned Developments are subject to this notice requirement. N/A Rezoning or text ainendrnent. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey snap 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. C Signature TIte�6regoing"Affidavit of Notice' was a5,Lpowlefted�befor�j me thi�' So" of 20LC, by �� ( I WITNESS MY HAND AND OFFICIAL SEAL ALLISON ANDERSON BLIC STATEOFDORADO My commission expires: ,I, 2, JZ,. NOTARY ID 020054022887 My CwmMW Evhee.bore 20,2021 Notary Public ATTACHMENTS AS APPLICABLE: o COPY OF THEPUBLICA TION o PHOTOGRAPH OF THE POSTED NOTICE(SIGN) e LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL a APPLICANT CERTIFICATION OF MINERAL ESTATE O l i'NERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 Pitkin County Mailing List of 300 Feet Radius From Parcel: 273707490001 on 02/07/2018 ' KIN co U N c�© v c Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or"shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. hftp://www.pitkinmapsandmore.com ELA CHARLES S CRAVEN ELLYN KATHLEEN THALBERG K MARITAL INC TRUST 140 MAPLE LN 124 MAPLE LN 128 HITCHING POST RD ASPEN,CO 81611 ASPEN,CO 81611 BOZEMAN,MT 59715 GIBSON MATCHLESS LLC BLEEKER STREET REV TRUST STROBL MARIO J 1924 PIEDMONT CIR NE PO BOX 22 110 MAPLE LN ATLANTA,GA 30324 ASPEN,CO 81612 ASPEN,CO 81611 RATHBUN DON CURLEY LESLIE DIANE DOUGHERTY THOMAS P PO BOX 1573 PO BOX 8783 5317 LIMESTONE RD ASPEN,CO 81612 ASPEN,CO 81612 WILMINGTON,DE 19808 HATANAKA HOWARD I MARZIALE ANTONIO LEILA KING LLC 980 KING ST 15201 MASON RD#1000 PMB 375 4 EMBARCADERO CTR#1900 ASPEN,CO 81611 CYPRESS,TX 774335977 SAN FRANCISCO,CA 94111 FOERSTER JAMES SMUGGLER RACQUET CLUB MORIARTY RYAN J 0134 MAPLE LN PO BOX 8788 625 E MAIN ST#1028 ASPEN,CO 81611 ASPEN,CO 81612 ASPEN,CO 81611 LANG DONALD W CITY OF ASPEN SOSNA DOMINIKA PO BOX 4166 130 S GALENA ST 113 MAPLE LN ASPEN,CO 81612 ASPEN,CO 81611 ASPEN,CO 81611 BECKER ALAN K TRUST BREBNER RICHARD KASABACH JACQUELYN A 950 MATCHLESS DR 124 MAPLE LN PO BOX 4166 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81612 PATTERSON KAREN&CHARLES HEARTSTONE LLC 990 KING ST UNIT#4 LLC 129 MAPLE LN PO BOX 151 1295 RIVERSIDE DR ASPEN,CO 81611 ASPEN,CO 81612 ASPEN,CO 81611 EARL MONTY&CAMILLA JUNGQUIST DAVID J REV TRUST GONZALES ANNE 114 MAPLE LN 6348 HWY 36 BLVD#8 119 MAPLE LN ASPEN,CO 816112175 SAINT PAUL,MN 55128 ASPEN,CO 81611 GALL STEPHEN&DESIREE SIMPSON PATRICIA A&CHARLES W SHEEBER AIMEE 216 COTTONWOOD LN 116 MAPLE LN 138 MAPLE LN ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611 WARMING SOLVEIG GIRVIN LINDA A KAY PATRICIA C 120 MAPLE LN 414 N MILL ST 218 COTTONWOOD LN ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611 CAIN JOHN J TRUST DODARO CHRISTINE&PETER BROOKS LAURIA J 18160 COTTONWOOD RD#375 930 MATCHLESS OR 3009 SE 19TH PL SUNRNER,OR 97707 ASPEN,CO 81611 CAPE CORAL,FL 33904 WAGAR RICHARD H RIVERS EDGE CONDO ASSOC TROUSDALE JEAN VICK PO BOX 9063 COMMON AREA PO BOX 9983 ASPEN,CO 81612 851 GIBSON AVE ASPEN,CO 81612 ASPEN,CO 81611 RYAN MARTHA BECK JEFFREY L&JANET SUE ANDERSON BRETT&ALLISON 127 MAPLE LN 6211 RAINTREE CT 226 COTTONWOOD LN ASPEN,CO 81611 DALLAS,TX 75254 ASPEN,CO 81611-2183 BENZIGER KATHERINE GRAHAM GERALDINE HARPER REV TRUST WAGAR RICHARD H 1050 MATCHLESS OR#2 PO BOX 9277 PO BOX 9063 ASPEN,CO 81611 ASPEN,CO 81612 ASPEN,CO 81612 KNIGHT ERIC CURTIS DEBRA BYARD ANNEIMORRIS JAMES LIV TRUST 138 MAPLE LN 142 MAPLE LN 860 GIBSON AVE ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611 HAT COLORADO LLC SHOAF JEFFREY S HARRIS DAVID E& PATRICIA 10866 WILSHIRE BLVD#1100 PO BOX 3123 117 NEALE AVE LOS ANGELES,CA 90024 ASPEN,CO 81612 ASPEN,CO 81611 SMALLS RAY ROYER CHRISTOPHER I&ELANA W MAPLE CHARLES A& BRYCE M PO BOX 3197 121 MAPLE LN 1250 MOUNTAIN VIEW DR ASPEN,CO 81612 ASPEN,CO 816112176 ASPEN,CO 81611 990 KING ST UNIT#2 LLC MAINIAC PROPERTIES LLC GREECHAN JENNIFER RUTH 1295 RIVERSIDE DR 201 US ROUTE 1#226 228 COTTONWOOD LN ASPEN.CO 81611 SCARBOROUGH,ME 04074 ASPEN,CO 81611 KIERNAN KATHLEEN RUGGIERI LISA ANN JUNGOUIST TERRI L REV TRUST 212 COTTONWOOD LN 136 MAPLE LN 6348 HWY 36 BLVD 98 ASPEN,CO 81611 ASPEN,CO 81611 SAINT PAUL.MN 55128 CHRISTOPHER MICHAEL PATRICIA CONDO ASSOC HAMILTON VIRGINIA RUTH 130 MAPLE LN COMMON AREA 0134 MAPLE LN ASPEN,CO 816112179 980 KING ST ASPEN,CO 81611 ASPEN,CO 81611 DWS FAMILY TRUST WALDRON K BRENT JOHNSON ELIZABETH A 1918 N OLIVE STREET#1901 PO BOX 4900 115 MAPLE LN DALLAS,TX 75201 ASPEN,CO 81612 ASPEN,CO 81611 RACQUET CLUB CONDO ASSOC CITY OF ASPEN DANFORTH DAVID N 1000 MATCHLESS DR 130 S GALENA ST PO BOX 1863 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81612 SURVIVORS TRUST CLARENCE JUSTIN URBAN BLIGHT CONDO ASSOC 1352 BAY ST 212 COTTONWOOD LN COMMON AREA ALAMEDA.CA 94501 ASPEN,CO 81611 925 GIBSON AVE ASPEN,CO 81611 931 GIBSON LLC CLAPPER THOMAS C FUENTE DAVID&SHEILA 623 E HOPKINS 218 COTTONWOOD LN 701 TERN POINT CIR ASPEN,CO 81611 ASPEN,CO 81611 BOCA RATON,FL 33431 SNOW ORCHID LLC LEMLEY EVA PADDEN KEVIN J&NINA K 1125 SAN MATEO DR 222 COTTONWOOD LN 224 COTTONWOOD LN MENLO PARK,CA 94025 ASPEN,CO 81611 ASPEN,CO 81611 FRONTIER LLC VARE DARLENE DESEDLE TRUST LIPSEY WILLIAM S PO BOX 27395 1024 19TH ST#7 955 KING ST OMAHA,NE 681270395 SANTA MONICA,CA 90403 ASPEN,CO 81611 i ROCKY MTN PROPERTY II LLC TEUSCHER JONATHAN W&ANNETTE L GREENWOOD WILLIAM S 73 SMUGGLER GROVE RD 126 MAPLE LN PO BOX 4778 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81612 SMUGGLER HOMEOWNERS ASSOCIATION PERKINS WENDY LIVING TRUST BELINDA BEE CONDO OAK LN,COTTONWOOD LN,MAPLE LN 122 MAPLE LN 990 KING ST ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611 �r�'�S"(O4} tiF.=y t� in� tilt( it i�ltlr utl tl� jy r t�\. i J�I eft � f I1 �< 1 f J ' Ifl 41 S ��S•1�/(�',,44 1�1 � 1..111 r^!�\♦' - �r r . ^ - t - -�-� � ., lel iU �Z'�- 1 �; �`>Y/ t Zt) )!' 1 t 3�1re 2 l r e r t !- ! 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