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HomeMy WebLinkAboutLand Use Case.253 Silverlode Dr.A061-03DEVELOPMENT ORDER Of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of asite-specific development plan pursuairt to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site-specific development plan as described below: John Elmore, PO Box 318, Wriehtsville Beach, NC, 28480, 910-256-4780 Property Owner's Name, Mailing Address and telephone number Lot 11 Silverlode Subdivision , 253 Silverlode Street, Asnen. Co. Legal Description and Street Address of Subject Property Variances to the Residential Desien Standards to allow more than one non-orthoeonal window on three of the. four facades of the structure Written Description of the Site Specific Plan and/or Attachment Describing Plan Resolution No. 25-2003, Approved on 11/4/03 Land Use Approval(s) Received and Dates (Attach Rinal Ordinances or Resolutions) November 29.2003 Effective Date of Development Order (Same as date of publication of notice of approval.) November 29.2006 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 21St day of November 2003, by the City of Aspen Community Development Director. :Ann Woods, Community Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Elmore Residence, 253 Silverlode Street, Aspen, Co., Lot 11 Silverlode Subdivision, by resolution of the Aspen Planning and Zoning Commission, numbered 25. For further information contact Scott Woodford at the Aspen/Pitkin Community Development Dept. located at 130 S. Galena St, Aspen, Colorado (970) 920-5102. s/City of Aspen Account Publish in The Aspen Times on November 29, 2003 ATTACHMENT? AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ~~~ ~ ADDRESS OF PROPERTY: ~1 ~~~ Aspen, CO SCHEDULED PUBLIC HEARING DATE: O , 200_ STATE OF COLORADO ) ss. County of Pitkin ) I, ~~ l~A ~' ~~~~~ ~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26304.060 (E) of the Aspen Land Use Code in the following manner: /~ Publication of notice: By the publication in the legal notice section of azi 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 hero. 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 Bearing and was continuously visible from the _ day of 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, wlvch contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (IS) days ~irior to the public hearing, notice was hand delivered or mailed by first class posta prepaid U.S. mail to any federal agency, state, county, municipal governmerl't, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeazed no more than sixty (60) days prior to the date of the public heazing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as pazt 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 zonng map has been available for public inspection in the planning agency during all business hours for fifteen (I S) days prior to the public heazing on such amendments. ~ GL ' gnature IThe forego ng Affidavit of Notice" wa-s a-c~°owledged bef re me this i day of C 7~~7-e-,~ , 2~0~, by I ice.--~~-~ l ~~~ay, ]VOVemhv~ S; mos at ~'~ at 4'.90 P.m. bgorcthe Aspen ypwing Commisaloa, $b[er Citks gpgy, ~ Ha4++A3P.S .Caleha 54. Aape,4 m coo- yQs.an jgpYwtlwn~inbmltted M' Johw FJn)me foi`:a v1ilsMe to Ne RyfdentlMt7g18n 9tatid'.. arde to allow more than oM-don orthwQOnN `.Hn' dow on flwx facades-of the. under conspucflon MBldencbvddcM b ~~ at 253 911ver I:oAe D11v4 ~IIyF Ae~Crlbed as Ldl 11. Sliver Lode 9utldhdsbn. ForfinNer IMomutWn, conha scotr Nbodfortl at Me Chy of AsPai Community Uevelopmewt peParhneM, 130.9. felere SL;-As- pen, CO (9'1~ .926u1~. "(or ,by enudi.. ac s~.~~. s/J4smhre Tygre~CJwh Aspea ,_ dng and ZpMdB COmmieabn PWdlsnea •e Pen 7Ymes, ou Octobor le... WITNESS MY HAND AND O/FFICIAL SEAL My commissioq expires: ~/ ~~~ PU,B~,tp 0( ~ ~t~ Z; c~POP!G9 O :~ ~t ~S~' ............. ~ oV `~l~ TE OF G~ ATTACHMENTS: COPY OF THE PUBLICATION GRAPH OF THE POSTED NOTICE (SIGN) „.~, ~i y rt r. vvvivr.xS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL MEMORANDUM ~. A. TO: The Aspen Planning & Zoning Commission THRU: Joyce Allgate , uty Director 'of Community Development FROM: Scott Woodford, City Plann re ~~ RE: 253 SILVERLODE~ VARIANCE TO RESIDENTIAL DESIGN STANDARDS RESOLUTION NO. ~ SERIES 2003 DATE: November 4, 2003 Photo of the under construction house at 253 Silverlode Drive. On the street facing facade, the applicant is proposing to include fournon-orthogonal windows to go along with the one non- or[hogonal window that the Residential Design Standards allow on each facade. In addition, the north and south facades are proposed to have more than one non- orthogonal window. PROJECT: ELMORE.RESIDENCE/253 SILVER LODE REQUEST SUMMARY: Variance to the Residential Design Standards to allow more than one non-orthogonal window on three of the four facades of the residence. ADDRESS: 253 Silver Lode, Lot 11, Silverlode Subdivision APPLICANT: John Elmore, represented by Stan Mathis STAFF RECOMMENDATION: DENIAL OF THE VARIANCE TO THE RESIDENTIAL DESIGN STANDARDS 253 SILVERLODE/ELMORE RESIDENCE STAFF REPORT PAGH 1 -r REQUEST SUMMARY' The applicant currently has the subject residence under construction and has the house framed with some of the walls up with the azea for the windows cut out and is awaiting the outcome of this variance request prior to putting in the windows. The Residential Design Standard from which the applicant is requesting a variance is from Section 2.410.040 (3) (b), specifically described below: b. No more than one non-orthogonal window shall be allowed on each fagade of the building. A single, non-orthogonal window in a gable end may be divided with mullions and still be considered one non-orthogonal window. The specific variance request is to have the following: a.) Four (4) additional non-orthogonal windows on the west elevation (the street- facing elevation), for a total of Snon-orthogonal windows on this facade; and, b.) Two (2) additional non-orthogonal windows on the north elevation, for a total of 3 non-orthogonal windows on this fapade; and, c.) Two (2) additional non-orthogonal windows on the south elevation, for a total of 3 non-orthogonal windows on this facade. REVIEW PROCESS' The applicant requests the following land use approval for the proposal described above: Residential Design Standards Variance; According to Section 26.410.020, variances to the Residential Design Standazds may be granted by the Design Review Appeal Committee, the Planning and Zoning Commission or the Historic Preservation Commission; In this case, the staff believes that the Planning and Zoning Commission is best suited to review the variance requests of this nature. Final Review Authority: Planning and Zoning Commission. BACKGROUND/EXISTING CONDITIONS: The Silverlode Subdivision was approved by the Aspen City Council (Ordinance No. 52, Series of 1994) as par[ of the Williams Ranch Affordable Housing project. The approval granted the subdivision vested rights status for a period of three yeazs following the 1994 approval. This status allowed structures built during that timeframe to be exempt from the requirements of the Residential Design Standazds. PREVIOUS ACTIONS ON THIS LOT: On April 2, 2002, the City of Aspen Planning and Zoning Commission approved (Resolution No. 14, Series of 2002) an 8040 Greenline Review and Variances to the Residential Design Standards for Building Orientation, Driveway Slope, Secondary Mass for this lot and approved additional variances to the Design Standazds on April 3, 2001 for Secondary Mass and Build-to-Lines (see Exhibit D for P&Z Minutes from those hearings). 253 S[LVERLADE/ELMORE RESIDENCE STAFF REPORT PAGE 2 VARIANCES GRANTED ON NEIGHBORING PROPERTIES: There are four other houses in the immediate vicinity that have non-orthogonal windows on their facades (see Exhibit C for map of those houses and proximity to the subject lot). The house located at 355 Silverlode Drive and the residence next door at 337 Silverlode Drive each have one non-orthogonal window on their facades. Although the current Residential Design Standazds allow one non-orthogonal window per facade without a variance, the standards in effect at the time these houses were constructed in 1997 did not allow any non-orthogonal windows without a variance. However, because lots within the subdivision were still within its three yeaz vested rights status at the time and so even though the Residential Design Standards were approved during that fime, homes built in the subdivision between 1994 and 1997 were exempt from complying with the design standards. The structures built at 295 and 313 Silverlode Drive were constructed in 1998, one yeaz after the vested right status expired, so they were subject to the Residential Design Standazds. The house at 295 Silverlode Drive has one and the 313 Silverlode Drive residence has three non-orthogonal windows on their front facades. Each owner sought, but was denied variances to the Residential Design Standards in 1998 to avoid an FAR penalty for having these windows between 9 and 15 feet above the floor level. Instead of redesigning the structures, though, the owners accepted the FAR penalty so, consequently, were able to have the non-orthogonal windows. STAFF COMII~NTS' RESIDENTIAL DESIGN STANDARDS; According to Section 26.222.010 of the Land Use Code, any appeal for exemption from the Residential Design Standards must idenfify why, if granted, the exception would comply with the following criteria (followed by staff findings -See Exhibit A for full findings): (1) yield greater compliance with the goals of the Aspen Area Community Plan (AACP), and, STAFF FINDING: Based on the above review criteria, staff is unable to make a finding that the proposal meets this criteria. The only applicable policy of the AACP is the Design Quality section, which has a policy that encourages the community to "retain and encourage an eclectic mix of design styles to maintain and enhance the special character of our community." Staff believes that the proposed design for this residence is able to meet the AACP policy of adding different styles of architecture to the community without the need for additional non-orthogonal windows. Therefore, the mere addition of such windows does nothing to "yield greater compliance" with this goal of the AACP. (2) more effectively address the issue or problem a given standard or provision responds to, or be clearly necessary for reasons of fairness related to unusual site specific constraints. STAFF FINDINGS: Staff fmds that the variance request also does not comply with criteria 2 above because we do not believe that providing additional orthogonal windows on each facade more effectively addresses the intent of this standard of the 253 SILVERLODE/ELMORE RESIDENCE STAFF REPORT PAGE 3 design guidelines, which is to minimize the use of these of non-orthogonal windows. In addition, staff does not fmd any unusual site constraints on the subject lot that would preclude the installation of non-orthogonal windows. STAFF SUMMARY AND RECOMMENDATION: Staff recommends denial of the Variance to the Residential Design Standazds to allow for more than one non-orthogonal window on each fapade for the residence at 253 Silverlode Drive, Lot 11, Silverlode Subdivision. RECOMMENDED MOTION: "I move to approve (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE) Resolution No. ~~ Series of 2003, for a Variance to the Residential Design Standazds to allow for more than one non-orthogonal window on each fapade for the residence at 253 Silverlode Drive, Lot 11, Silverlode Subdivision." ATTACHMENTS: Exhibit A: Residential Design Standards -Staff Findings Exhibit B: Building Elevations and Site Plan Exhibit C: Map of Neighboring Properties with Non-Orthogonal Windows Exhibit D: P&Z Minutes from previous approval Exhibit E: Letter from Applicant 253 SILVERLODE/ELMORE RESIDENCE STAFF REPORT PAGE 4 RESOLUTION N0. (SERIES OF 2003) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING OMMISSION APPROVING A VARIANCE TO THE RESIDENTIAL DESIGN STANDARDS TO ALLOW FOR MORE THAN ONE NON-ORTHOGONAL WINDOW ON EACH FACADE OF THE RESIDENCE LOCATED AT 253 SILVERLODE DRIVE, LOT 11, SILVERLODE SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-074-30-001 WHEREAS, the Community Development Department received an application from the applicant, John Elmore, requesting a Variance to the Residential Design standazds to allow for four (4) additional non-orthogonal windows on the west elevation, two (2) additional non-orthogonal windows on the north elevation, and two (2) additional non-orthogonal windows on the south elevation; and, WHEREAS, upon review of the application and the applicable Land Use Code standazds in Section 26.410.040 of the Aspen Municipal Code, the Community Development Department recommended denial of the Variance to the Residential Design standazds to allow more than one Non-Orthogonal Windows on each fagade because staff finds that the request does not comply with Criteria 1 or 2 of Section 26.222.010 of the Aspen Municipal Code; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfaze; and, WHEREAS, the City of Aspen Planning and Zoning Commission, at a public meeting on November 4, 2003, approved Resolution No. _, Series of 2003, by a vote of _ to _ L - ~, to approve the Variance to the Residential Design standazds to allow for more than one non-orthogonal window; and, NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 4'" DAY OF NOVEMBER 2003, THAT: Section 1• Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal Code, Lot 11, Silverlode Subdivision, Pazcel Identification of 2737-074-30-001, is approved for a Variance to the Residential Design Standards for Non-Orthogonal Windows. 253 SILVERLODE~ELMORE RESIDENCE STAFF REPORT PAGE 5 Section 2• All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission aze hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Approved by the Commission at its regular meeting on November 4, 2003. APPROVED AS TO FORM: PLANNING AND COMMISSION: ZONING City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair 253 SILVERLODEBLMORE RESIDENCE STAFF REPORT PAGE 6 EXHIBIT A RESIDENTIAL DESIGN STANDARDS 26.222.010 Purpose. The Design Review Appeal Committee (or Planning and Zoning Commission, in this case) shall review, at a regular meeting, any appeal of the Residential Design Standazds. An appeal for exemption from the Residential Design Standazds should simply and succinctly identify why, if granted, the exception would: (1) yield greater compliance with the goals of the Aspen Area Community Plan, and STAFF FINDING: DOES IT COMPLY? J NO The only applicable policy of the AACP is the Design Quality section, which has a policy that encourages the community to "retain and encourage an eclectic mix of design styles to maintain and enhance the special chazacter of our community." Staff believes that the proposed design for this residence is able to meet the AACP policy of adding different styles of azchitecture to the community without the need for additional non-orthogonal windows. Therefore, the mere addition of such windows does nothing to "yield greater compliance" with the goals of the AACP. (2) more effectively address the issue or problem a given standard or provision responds to, or be clearly necessary for reasons of fairness related to unusual site specific constraints. STAFF FINDING: DOES IT COMPLY? (NO Staff finds that the variance request also does not comply with above criteria because staff does not believe that providing additional orthogonal windows on each facade more effectively addresses the intent of this part of the design guidelines, which is to minimise the use of these types of windows. 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V C ~t-~N t Z 0 L ~l I _> '``v° 4 / 1 -~~~ ~~ ~~g EXHIBIT C: PHOTOS OF NEIGHBORING PROPERTIES WITH NON-ORTHOGONAL WINDOWS 295 Silverlode Drive 313 Silverlode Drive 337 Silverlode Drive 4i' ASPEN PLANNII~U & ZONING COMMISSION ~ Minutes Apri12, 2002 the street, which was not accomplished Myrin agreed with Ron on the garag Exms[r D doors, but he suggested the grass since there was not another selection for the p&Z Mnvv'rEs garage doors tonight, so that there could be a vote tonight. Buettow said Bert idea of the grass was good and the primary look for the garage doors not looking like garage doors. Tygre said that she might go along with the re-design of the garage doors but since she didn't know if the parks department would provide enough screening from the street for her to support it, but she was willing to look at the garage doors. Erickson suggested the garage doors looked like the side of the garage did when the sides faced the street, so it looks like the side of the house. Winchester said that the side of the house was stone, so the garage doors would never look like the side of the house. MOTION: Ron Erickson moved to continue the meeting to Apri116`h for the applicant to come back with new garage doors designs providing less impacts. Bert Myrin seconded. APPROVED 7-0. PUBLIC HEARING: ~,OT 11, SILVERLODE SUBDIVISION - 8040 GREENLINE and RESIDENTIAL DESIGN STANDARD VARIANCES Jasmine Tygre opened the public hearing for Lot 11 SilverLode Subdivision. David Hoefer stated that the proof of notice was provided. James Lindt stated that John Elmore represented by Stan Mathis submitted the application. The proposed 8040 Greenline review was to increase the allowable FAR on site by 317 square feet; the requested variances were from the secondary mass, building orientation and driveway cut from the residential design standards. Lindt said that the lot was 13,329 square feet and 3,172 square feet FAR was allowed by right; the Ordinance that created the SilverLode Subdivision allowed an increase of FAR with 8040 Greenline approval. Lindt said the 317 square feet would not have a negative impact on the visual appearance from the street; there was a geological report noting no impacts from the addition of the 317 square feet. Lindt noted that the applicant proposed the front facade of the house be located parallel to the front edge of the building envelope, which was slightly cocked from the street. Staff felt the applicant made an effort to meet the standard because the building envelope had constraints with a 20-foot easement on the property. Lindt said that the proposed driveway cut would exceed the 2-feet in depth standard from the property line to the front setback; there was a 19% grade on the property slope and engineering only allowed a 15% maximum for a driveway, therefore it was necessary that the driveway cut be more than 2-feet in depth. 8 ASPEN PLANNING` & ZONING COMMISSION Minutes Apri12, 2002 Lindt said that there was an approval for a separate design that more effectively broke up the mass and distinctively broke up the mass, which was attached as exhibit "D" to provide 2 distinct masses with a 2-story element in the background. Staff recommended the secondary mass be denied. Stan Mathis said that secondary mass was created for the West End and a pedestrian experience from the street. Mathis stated that the slope was very steep here and the pedestrian experience was looking directly up in all cases and not at the eye level. John Elmore stated that this was the last lot to be built upon and what they have done was more in keeping with the Design Standards rather than the other houses built in this subdivision. Elmore said that the lot backed up to BLM land so there was no way to get behind the house without an alley. No public comments. Buettow stated that the first few houses that went up in the SilverLode Subdivision were not required to comply with the Residential Design Standards or the 8040 Greenline Review. Cohen stated that the variance was reasonable and suited the neighborhood better. MOTION: Ron Erickson moved to approve The P&Z Resolution #14 for the 8040 Greenline Review for the Elmore Residence approving Variances From Building Orientation and Driveway Slope Residential Design Standards, approving a variance from the Secondary Mass Residential Design Standard For Lot 11, Silverlode Subdivision (Parcel #2737-074-30-004) with conditions A & B met, and the conditions as fOl10WS: (1) The Applicant shall submit a detailed landscape plan to the City of Aspen Parks Department at the time of building permit submittal. (2) The applicant shall obtain a tree removal permit for any trees to be removed. (3) Barrier and Construction fencing shall be placed around the building envelope during construction and shall not be removed until the applicant obtains a Certificate of Occupancy. (4) The Applicant shall place a vegetation protection fence around the driplines of any trees to be saved and shall have the City Forester or his designee inspect the fencing prior to commencing construction activities. No excavation, storage of materials, storage of construction equipment, construction backiill, foot or vehicular traffic shall be allowed within the driplines. (5)The Applicant shall install a fire sprinkler system throughout the residence if it is over 5,000 SF. (6) The building permit application shall include: (a) A copy of the 5nal P&Z Resolution. (b) The conditions of approval printed on the cover page of the building permit set. (c) A completed tap permit for service with the Aspen Consolidated Sanitation District. (d) A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of removed trees, if applicable. (e) The building plans shall demonstrate an adequate fire suppression system approved by the Aspen Fire Marshall. (7) All construction vehicles, materials, and debris shall be maintained on-site and not within public rights- of-way unless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the 2 hour residential parking limitation of the area. The applicant shall inform the contractor of this condition. (8) The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m, Monday through Saturday. (9) All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. (10) The Applicant or owner shall mitigate any public impacts that this project causes, including but not 9 ASPEN PLANNII~ & ZONING COMMISSION Minutes April 2, 2002 limited to utility expenses and sanitary sewer and water lines. (11) The applicant shall snowmelt the driveway. Bert Myrin seconded. APPROVED 7-0. MINUTES MOTION: Ron Erickson moved to approve the March 19, 2002 minutes; Eric Cohen seconded. APPROVED 7-0. Meeting adjourned 6:45 p.m. Jackie Lothian, Deputy City Clerk 10 ASPEN PLANNING & ZONING COMMISSION April 3, 2001 Jasmine Tygre, vice-chairman, opened the regular meeting at 4:35 p.m. in Council Chambers. The following commissioners were present: Eric Cohen, Roger Haneman, Ron Erickson and Jasmine Tygre. Steven Buettow arrived at 4:45 p.m. and Bob Blaich was excused. Staff in attendance were: David Hoefer, Assistant City Attorney; Fred Jarman, Joyce Ohlson, Julie Ann Woods, Community Development; Jackie Lothian, Deputy City Clerk. COMMISSIONER & STAFF COMMENTS Ron Erickson asked staff if they had heard from Ben Dodge. Joyce Ohlson replied that Dodge was left the city. Ohlson distributed the in-fill project progress report. Roger Haneman asked for an update on the Caribou Alley. Ohlson responded that staff felt that there were violations that were being researched. DECLARATION OF CONFLICTS OF INTEREST None. MINUTES MOTION: Ron Erickson moved to approve the minutes of February 20, 2001 and March 6, 2001 with changes as follows: page 5 ¶2 replace applying to fit the community with extrapolated to fit the local community and page 6 the last ¶ replace meant with it was by type of ownership. Roger Haneman second. APPROVED 4-0. PUBLIC HEARING: Jasmine Tygre opened the public hearing with the Planning & Zoning Commission acting as DRAG on Lot 11, SilverLode Subdivision. Proof of notice was provided. Fred Jarman explained that there were two variance requests and provided the review criteria. The first variance was for the build-to lines on lots under I5, 000 square feet had to have at least 60% of the front facade within S feet of the minimum front yard setback, porches may be used to meet the standard. This lot was 13,339 square feet but the site had a significant slope to it with an existing boulder retaining wall and the driveway cut. Jarman stated that the secondary mass standard required that all new structures have at least 10% of the total square footage above grade in mass, which is completely detached (garages, sheds, ADUs) from the principal building or linked by a subordinate connecting element. He said that secondary mass was meant to break up the mass and the connecting or linking element was 2 story in this case on ASPEN PLANNIN~& ZONING COMMISSION Auril 3, 2001 the front side of the lot but one story in the back because of the slope of the lot. He said that staff felt that this design met the intent of the standard. He said that the site contained unusual constraints. Ron Erickson asked that if the house were moved to the front of the lot would it conform to DRAG standards. Roger Haneman asked if the rest of the SilverLode building envelopes complied with the setback standard. Jarman responded that the setbacks were determined by the subdivision. Jarman said that some of the properties met the requirements and some did not. Haneman asked if other lots had to go through DRAC as well. Jarman replied that yes, there were other lots that went before DRAG. Gregory Register, architect and applicant, stated that this was a tough design challenge with all of the restraints of the retaining wall on the front to prevent the front setback. He said that the original PUD did not have to abide by the DRAC standards but that original SilverLode PUD expired and the city standards now applied. Register stated that he made an effort to come close to meeting these two standards. Gary Wright, public, stated that he lived across the street from this lot; this was one of the last un-built lots, so there would not be any precedents set. Wright said that the methods that the architect designed were the best that could be done. He noted that he was surprised about the retaining wall placement because of the problems it may cause with building on lot 11. He requested that the commission to grant the variances. Erickson asked Gary if the retaining wall from Lot 12 encroached on Lot 11. Wright responded that was what it appeared like to him but that he was not involved in the development of Lot 12. MOTION: Roger Haneman moved to approve P&Z Resolution #13, series 2001, approving the variances from the Residential Design Standards for the build to lines and secondary mass finding that the proposal more effectively addresses the issue or problem with the given standard or provision responds to and is clearly necessary for the specific site. Ron Erickson second. Roll call vote: Buettow, yes; Cohen, yes; Erickson, yes; Haneman, yes; Tygre, yes. APPROVED 5-0. Discussion of motion: Erickson discussed the retaining wall and asked Steven for input. Steven Buettow stated that he did not have a problem with the secondary mass or the build to line especially with the topography. Haneman agreed that the area was a tough one to work with on the topography. Tygre stated that this was a site-specific situation. 2 ExaIBIT E LETTER FROM APPLICANT SEPTEMBER 29,2003 APPLICANT: REPRESENTATNE: JOHN ELMORE STAN MATHIS P.O. BOX 318 7515 COAL CREEK CIRCLE WRIGHTSVILLE BEACH, NC. 28480 WIDEFIELD, CO. 80911 910.256.4780 970.618.6636 CELL 719.390.6065 JAMES LINDT COMMUNITY DEVELOPMENT DEPARTMENT CITY OF,ASPEN 130 S. GALENA STREET ASPEN, COLORADO 81611 RE: LOT 11, SILVERLODE SUBDMSION DEAR JAMES, MY CLIENT, JOHN ELMORE, THE OWNER OF A RESIDENCE BEING CONSTRUCTED ON LOT 11, SH.VERLODE SUBDNISION REQUESTS A VARL~NCE (PER 26.222 OF THE ASPEN ZONING CODE) FROM THE RESIDENTIAL DESIGN STANDARDS (26.410.040 OF THE ASPEN ZONING CODE). THE RESIDENCE, CURRENTLY UNDER CONSTRUCTION, WILL HAVE 5 BEDROOMS, ASSOCIATED LIVING SPACES, A SMALL OFFICE, AND ATWO-CAR GARAGE. THE ENTRY LEVEL AND GARAGE ARE BUILT WELL INTO THE HILL SIDE, THE LIVING LEVEL IS OFF SET BACK FROM THE FACE OF THE ENTRY LEVEL AND THE UPPER LEVEL OFFICE IS LOCATED BEHIND THE MAIN ROOF STRUCTURE AND NOT VISIBLE FROM THE STREET. THE RESIDENCE WILL HAVE THE APPEARANCE OF A TWO STORY STRUCTURE WITH A HEIGHT WELL BELOW THE ALLOWABLE LIMIT. ON APRIL 2, 2002, THIS PROJECT RECENED APPROVAL FROM THE ASPEN PLANNING AND ZONING COMMISSION FOR AN 8040 GREENLINE REVIEW AND CERTAIN VARIANCES FROM CERTAIN RESIDENTL~1, DESIGN STANDARDS. A COPY OF THE AMENDED RESOLUTION #14, SERIES OF 2002, IS ATTACHED HERETO. ALSO ATTACHED ARE THE ELEVATIONS APPROVED ON APRIL 2, 2002 (WEST ELEVATION- ATTACHMENT C; NORTH ELEVATION- ATTACHMENT D; EAST ELEVATION-ATTACHMENT E; SOUTH ELEVATION-ATTACHMENT F). _ __ THE REQUESTED VARIANCE FROM THE RESIDENTIAL DESIGN STANDARDS IS: ~~ ~ - ~ ~ WINDOWS. (bj NO MO12E HAN ONE NON-ORTHOGONAL WINDOW SHALL BEALLOQ~ED ON EACH FACADE OF THE BUILDING. A SINGLE NON- ORTHOGONAL WINDOW INA CABLE END MAY BE DIVIDED WITH MULLIONS AND STILL BE CONSIDERED ONE NON-ORTHOGONAL WINDOW. THE REQUESTED VARIANCE WOULD ALLOW: 1.) 4 ADDITIONAL NON-ORTHOGONAL WINDOWS ON THE WEST (STREET) ELEVATION (ATTACHMENT B); 2.) 2 ADDITIONAL NON- ORTHOGONAL WINDOWS ON THE NORTH ELEVATION (ATTACHMENT B); AND 3.) 2ADDITIONAL NON-ORTHOGONAL WINDOWS ON THE SOUTH ELEVATION (ATTACHMENT B). THE SUBJECT SITE PLAN IS INCLUDED AS ATTACHMENT A FOR REFERENCE. THE FOLLOWING EXPLAINS HOW THE PROPOSED DEVELOPMENT COMPLIES WITH CHAPTER 26.222 OF THE A5PEN ZONING CODE; DESIGN REVIEW APPEAL COMMITTEE. ELMORE RESIDENTIAL DESIGN STANDARDS VARIANCE REQUEST SEPT.29, 2003 26.222.010. PURPOSE. THE DESIGN REVIEW APPEAL COMMITTEE SHALL REVIEW, AT A REGULAR MEETING, ANY APPEAL OF THE RESIDENTIAL DESIGN STANDARDS. ANY APPEAL FOR EXEMPTION FROM THE RESIDENTIAL DESIGN STANDARDS SHOULD SIMPLY AND SUCCINCTLY IDENTIFY WHY, IF GRANTED, THE EXCEPTION WOULD: (1) YIELD GREATER COMPLIANCE WITH THE GOALS OF THE ASPEN AREA COMMUNITY PLAN. RESPONSE: THIS REQUEST WOULD ALLOW THIS PROJECT TO HAVE SIMILAR WINDOW SHAPES AS OTHER NEIGHBORING RESIDENCES THAT WHERE ALLOWED EITHER BY VARL~NCE OR VESTING, THEREBY REINFORCING A DESIGN FEATURE THAT IS PART OF THE EXISTING NEIGHBORHOOD. (2) MORE EFFECTIVELY ADDRESS THE ISSUE OR PROBLEM A GIVEN STANDARD OR PROVISION RESPONDS TO, OR BE CLEARLY NECESSARY FOR REASONS OF FAIRNESS RELATED TO UNUSUAL SITE SPECIFIC CONSTRAINTS. RESPONSE: 1.) UNLIKE THE WEST END OF ASPEN THIS PROJECT IS ELEVATED WELL ABOVE THE STREET LEVEL MAKING THE WINDOWS NOT AS IMPORTANT AN ELEMENT OF THE FACADE AS IF THE PROJECT WERE VIEWED ON A LEVEL SITE. 2J THE ADDiTIONALNON-ORTHOGONAL WINDS ON THE SOUTH ELEVATION CANNOT BE SEEN FROM THE STREET AS THEY ARE IN A LOCATION HIDDEN FROM PUBLIC VIEW. 3.) THREE OF THE NON-ORTHOGONAL WINDOWS ON THE EAST ELEVATION ARE LOCATED IN A WALL THAT IS RECESSED 18 FEET BACK FROM THE LOWER FLOOR ELEVATION AND UNDER A DEEP PATIO ROOF. IT WILL BE ALMOST IMPOSSIBLE TO SEE FROM THE STREET. 4.) THERE ARE RESIDENCES ON THE SAME SIDE OF SILVERLODE DRIVE THAT HAVE MORE THAN ONE NON-ORTHOGONAL WINDOW ON TWO OR MORE BUILDING FACADES. THANK YOU FOR ACCEPTING THIS VARIANCE REQUEST AND PLEASE CALL IF YOU HAVEANY QUESTIONS. THA KYOU, ST MATHIS ,~ -°~ ExaIBIT E ~.., ~ LETTER FROM APPLICANT SEPTEMBER 29,2003 APPLICANT: REPRESENTATIVE: JOHN ELMORE STAN MATHIS P.O. BOX 318 7515 COAL CREEK CIRCLE WRIGHTSVILLE BEACH, NC. 28480 WIDEFIELD, CO.80911 910.256.4780 970.618.6636 CELL 719.390.6065 JAMES LINDT ~;~ ~. -~ ICS `~ COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ASPEN 130 S. GALENA STREET ASPEN, COLORADO 81611 RE: LOT 11, SILVERLODE SUBDNISION DEAR JAMES, MY CLIENT, JOHN ELMORE, THE OWNER OF A RESIDENCE BEING CONSTRUCTED ON LOT 11, SILVERLODE SUBDNISION REQUESTS A VARIANCE (PER 26.222 OF THE ASPEN ZONING CODE) FROM THE RESIDENTIAL DESIGN STANDARDS (26.410.040 OF THE ASPEN ZONING CODE). THE RESIDENCE, CURRENTLY UNDER CONSTRUCTION, WILL HAVE 5 BEDROOMS, ASSOCIATED LIVING SPACES, A SMALL OFFICE, AND ATWO-CAR GARAGE. THE ENTRY LEVEL AND GARAGE ARE BUILT WELL INTO THE HILL SIDE, THE LIVING LEVEL IS OFF SET BACK FROM THE FACE OF THE ENTRY LEVEL AND THE UPPER LEVEL OFFICE IS LOCATED BEHIND THE MAIN ROOF STRUCTURE AND NOT VISIBLE FROM THE STREET. THE RESIDENCE WILL HAVE THE APPEARANCE OF A TWO STORY STRUCTURE WITH A HEIGHT WELL BELOW THE ALLOWABLE LIMIT. ON APRIL 2, 2002, THIS PROJECT RECEIVED APPROVAL FROM THE ASPEN PLANNING AND ZONING COMMISSION FOR AN 8040 GREENLINE REVIEW AND CERTAIN VARIANCES FROM CERTAIN RESIDENTIAL DESIGN STANDARDS. A COPY OF THE AMENDED RESOLUTION #14, SERIES OF 2002, IS ATTACHED HERETO. ALSO ATTACHED ARE THE ELEVATIONS APPROVED ON APRIL 2, 2002 (WEST ELEVATION- ATTACHMENT C; NORTH ELEVATION- ATTACHMENT D; EAST ELEVATION-ATTACHMENT E; SOUTH ELEVATION-ATTACHMENT F). THE REQUESTED VARIANCE FROM THE RESIDENTIAL DESIGN STANDARDS IS: WINDOWS. (b) NO MORE THAN ONE NON-ORTHOGONAL WINDOW SHALL BE ALLOWED ON EACH FACADE OF THE BUILDING. A SINGLE NON- ORTHOGONAL WINDOW IN A GABLE END MAY BE DIVIDED WITH MULLIONSAND STILL BE CONSIDERED ONE NON-ORTHOGONAL WINDOW. THE REQUESTED VARIANCE WOULD ALLOW: 1.) 4 ADDITIONAL NON-ORTHOGONAL WINDOWS ON THE WEST (STREET) ELEVATION (ATTACHMENT B); 2.) 2 ADDITIONAL NON- OR'I'HOGONALWINDOWS ONTHE NORTH ELEVA'T'ION (ATTACHMENT B); AND 3.) 2ADDITIONALNQN-ORTHOGONAL WINDOWS ON THE SOUTH ELEVATION (A7TACHMENT B). THE SUBJECT SITE PLAN IS INCLUDED AS ATTACHMENT A FOR REFERENCE. THE FOLLOWING EXPLAINS HOW THE PROPOSED DEVELOPMENT COMPLIES WI'PH CHAPTER 26.222 OF THE ASPEN ZONING CODE; llES1GN REVIEW APPEAL COMMITTEE. ~ -~, ... ,~~ ELMORE RESIDENTIAL DESIGN STANDARDS VARIANCE REQUEST SEPT.29, 2003 26.222.010. PURPOSE. THE DESIGN REVIEW APPEAL COMMITTEE SHALL REVIEW, AT A REGULAR MEETING, ANY APPEAL OF THE RESIDENTIAL DESIGN STANDARDS. ANY APPEAL FOR EXEMPTION FROM THE RESIDENTIAL DESIGN STANDARDS SHOULD SIMPLY AND SUCCINCTLY IDENTIFY WHY, IF GRANTED, THE EXCEPTION WOULD: (1) YIELD GREATER COMPLIANCE W[TH THE GOALS OF THE ASPEN AREA COMMUNITY PLAN. RESPONSE: THIS REQUEST WOULD ALLOW THIS PROJECT TO HAVE SIMILAR WINDOW SHAPES AS OTHER NEIGHBORING RESIDENCES THAT WHERE ALLOWED EITHER BY VARIANCE OR VESTING, THEREBY REINFORCING A DESIGN FEATURE THAT IS PART OF THE EXISTING NEIGHBORHOOD. (2) MORE EFFECTNELY ADDRESS THE ISSUE OR PROBLEM A GNEN STANDARD OR PROVISION RESPONDS TO, OR BE CLEARLY NECESSARY FOR REASONS OF FAIRNESS RELATED TO UNUSUAL SITE SPECIFIC CONSTRAINTS. RESPONSE: 1.) UNLIKE THE WEST END OF ASPEN THIS PROJECT IS ELEVATED WELL ABOVE THE STREET LEVEL MAKING THE WINDOWS NOT AS IMPORTANT AN ELEMENT OF THE FACADE AS IF THE PROJECT WERE VIEWED ON A LEVEL SITE. 2.) THE ADDITIONAL NON-ORTHOGONAL WINDS ON THE SOUTH ELEVATION CANNOT BE SEEN FROM THE STREET AS THEY ARE IN A LOCATION HIDDEN FROM PUBLIC VIEW. 3.) THREE OF THE NON-ORTHOGONAL WINDOWS ON THE EAST ELEVATION ARE LOCATED IN A WALL THAT IS RECESSED 1S FEET BACK FROM THE LOWER FLOOR ELEVATION AND UNDER A DEEP PATIO ROOF. IT WILL BE ALMOST IMPOSSIBLE TO SEE FROM THE STREET. 4.) THERE ARE RESIDENCES ON THE SAME SIDE OF SILVERLODE DRNE THAT HAVE MORE THAN ONE NON-ORTHOGONAL WINDOW ON TWO OR MORE BUILDING FACADES. THANK YOU FOR ACCEPTING THIS VARIANCE REQUEST AND PLEASE CALL IF YOU HAVE ANY QUESTIONS. 'fHA KYOU, ~~ ~,c~ , STA MATHIS J[r. Ju. [UUJ Y:4lHIVI L1It yr HJrCIV IV V. LUI I r. I _ ., ~- I~~I~III~N~I~~~~52~6;.:=~ SILVSO DaVIS PSTKIN CWN{Y CO R 21.00 a O.N AMENDED ~" RESOLUTION N0. 14 ~~ (SERIES OF 2002) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING AN 1) 8040 GREENLINE REVIEW FOR THE ELMORE RESIDENCE, AND 2) APPROVING VARIANCES FROM BUH.DING ORIENTATION AND DRIVEWAY SLOPE RESIDENTIAL DESIGN STANDARDS, AND 3) APPROVING A VARIANCE FROM THE SECONDARY MASS RESIDENTIAL DESIGN STANDARD FOR LOT 11, SII.VERLODE SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No.2737-074-30-004 WHEREAS, the Community Development Department received an application from John Elmore, represented by Stan Mathis, for an 8040 Greenline Environmentally Sensitive Area Review to increase the allowable FAR on the site to 3,489 square feet and an application for variances from the Building Orientation, Driveway Slope, and Secondazy Mass Residential Design Standards; and, WHEREAS, the subject property is approximately 13,329 square feet and is located in the Affordable Housing-Planned Unit Development Zone District; and, WHEREAS, City Council Ordinance No. 52, Series of 1994 granted final review approval for Subdivision, Planned Unit Development, Growth Management Quota ~/ System Exemption, and Vested Rights for the Williams Ranch Project, including the Silverlode subdivision; and, WHEREAS, the proposed development is located at an elevation of approximately 8070 feet above sea level and within the review authority of the Planning and Zoning Commission, pursuant to Section 26.435.020 Environmentally Sensitive Areas; and> WHEREAS, the Planning and Zoning Commission may approve development at or 1S0 feet below the 8040 Greenline in conformance with the review criteria set forth in Section 26.435.030(C) 8040 Greenline review; and, WHEREAS, the Planning and Zoning Commission may approve variances from the Residential Design Standazds when the variance request is consolidated with another land use request in which the Commission has the review authority; and, WHEREAS, the Community Development Department recommended that the Planning and Zoning Commission approve with conditions the 8040 Greenline Review and variance requests from the Building Orientation and Driveway Slope Residential Design Standazds; and, WHEREAS, the Community Development Department recommended that the Planning and Zoning Commission deny the proposed Secondary Mass Variance; and, ~i9 - ~~~- 81~j4 ~r~tj -.'rtes t 5 ., n J[r. )V• 1UV) 741HIV1 bl It Ur nJrrly I, V. 1V 11 r, 1 .~+ -"'^. WHEREAS, during a duly noticed public hearing on April 2, 2~2, the Plamring ~- ~ ~ and Zoning Commission approved, by a seven to zero (7-0) vote, the 8040 Grreenline '" Review for the Elmore residence with conditions; and, \/d ^ m tp ~ N a WHEREAS, during a duly noticed public hearing on Apri12, 2f102, the Planning 00 N N ~ and Zoning Commission approved, by a seven to zero (7-0) vote, a variance from the d ;; m Building Orientation Residential Design Standard; and, 9~ v 4 -' m WHEREAS, during a duly noticed public hearing on April 2, 2002, the Planning ~N and Zoning Commission approved, by a seven to zero (7-0) vote, a variance from the ~ Driveway Cut Residential Design Standard; and, ~~ WHEREAS, doting a duly noticed public hearing on April 2, 2002, the Planning and Zoning Commission approved, by a seven to zero (7-0) vote, a variance from the ~ Secondary Mass Residential Design Standard; and, ~~8 ~~~ WHEREAS, the Aspen Planning and Zoning Commission finds that the 3 development proposal meets or exceeds all applicable development standards and that the ~Y approval of the development proposal, with conditions, is consistent with the goals and ~~ o elements of the Aspen Area Community Plan; and, ~= WHEREAS, Ute Aspen Planning and Zoning Cormission finds that this Resolution a furthers and is necessary for the promotion ofpublic health, safety, and welfare. ~`~ " NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section I u That the 8040 Ctteenline Review for the Elmore residence, Lot 11, Silverlode Subdivision, allowing for an increase in allowable FAR of 317 square feet to construct the proposed single-family residence is approved with the fo]lowing conditions: 1. The Applicant shall submit a detailed landscape plan to the City of Aspen Pazks Department at the time of building permit submittal. 2. The applicant shall obtain a tree removal permit for any trees to be removed. 3. Barrier and Construction fencing shall be placed azound the building envelope doting construction and shall not be removed until the applicant obtains a Certificate of Occupancy. 4. The Applicant shall place a vegetation protection fence azound the driplines of any trees to be saved and shall have the City Forester or his designee inspect the fencing prior to commencing construction activities. 'No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehiculaz traffic shall be allowed within the driplines. 5. -The Applicant shall install a fire sprinkler system throughout the residence if it is over 5,000 SF. 6. The building permit application shall include: a. A copy of the final P&Z Resolution. ~~ JCr. )U• LUU) Y:41NIY1 VI I t yr HJr CIV Iv v. [u I I ~• ] ,,.,. /'~ '~ ~ <,./ b. The conditions o£ approval printed on the cover page of the building permit set. U a ~ e. A completed tap permit for service with the Aspen Consolidated Sanitation s District. e .~~ N o m : d. A tree removal permit as required by the City Parks Department and any to ^ ~ o approval from the Parks Department Director for off-site replacement or ~ g ~ mitigation of removed trees, if applicable. ~ ° ~ a e. The building plans shall demonstrate an adequate fire suppression system N approved by the Aspen Pire Mazahall. 7. All construction vehicles, materials, and debris shall be maintained on-site and ~.~ not within public rights-of--way unless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their ~~ employees', shall abide by the 2 hour residential parking limitation of the area. i The applicant shall inform the contractor of this condition. ~'~ 8. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m, Monday through Saturday. 0 9. Al] uses and construction will comply with the City of Aspen Water System a Standazds and with Title 25 and applicable portions of Title 8 (Water > Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as ~~~ they pertain to utilities. ] 0. The Applicant or owner shall mitigate any public impacts that this project causes, u including but not limited to utility expenses and sanitary sewer and water lines. 11. The applicant shall snowmelt the driveway. Section 2: That the requested variances from the Building Orientation, Driveway Cut, and Secondary Mass Residential Design Standards are approved. Section 3: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authori2ed entity. Section 4: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and wncluded under such prior ordinances. Jtr. SU. LUUS Y:4tlHIVl ~- m n ~o r ~ oav N m tD ° '~. o d "m ~ ae a s=P ~~N ^~r ~~ .~.~, ~~~ .~. ~° V Y F ~` ~~ p ~~ Tg +s ~~ J w ~tlr ur Hartly s^ ~..; "'~ .,~% IV V. LU I r• 4 echo S: ff any section, subsection, sentence, clause, phrase, or portion of this Ordinffircc is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Asprn on the 2nd day of April, 2002. (previously recorded 466650, amended due to error on approval date). APPROVED AS TO FORM: Cily Attorney ATTEST: ,- ~.. J kie Lothtan, Deputy City Clerk PLANNING AND ZONING COMMISSION: ~lL,~ c~c-c ~~- Jasmine Tygre, Chair ,.. 379604 B-77t,w, p-a%' 03/09/95. O2:03P F'C ~'~ OF 11 REC DOC SILVIR DRVIS F'ITKIN COUNTY CLERK R`°''Sr.ECGRDER X5.00 ORDINANCE NO.jeZ (SERIES OF 1994) AN ORDINANCE OF THE CITY OF ASPEN GRANTING FINAL REVIEW FOR SUBDIVISION, PUD, GMQS EXEMPTION, AND VESTED RIGHTS FOR THE WILLIAMS RANCH PROJECT TO CONSTRUCT 35 DEED RESTRICTED AFFORDABLE HOUSING UNITS AND 15 FREE MARKET LOT ON A PARCEL LOCATED IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PM WHEREAS, the Smuggler Consolidated Mines Corporation ("Applicant"), represented by Tom S*_evens and Gary Wright, submitted an application to the Planning Office requesting approval of the Williams Ranch development which consists of 35 deed restricted affordable housing units, 15 free market lots, Planned Unit Development, Subdivision, Rezoning, GMQS Exemption, Annexation, 8040 Greenline Review, and Special Review; and WHEREAS, the. Williams Ranch property is located immediately adjacent to the City of Aspen in the AF-1 zone district of Pitkin County; and WHEREAS, the Applicant did file on December 12, 1991 with-the City Clerk of the City of Aspen a Petition for Annexation to annex the subject property to the City of Aspen, and WHEREAS, on January 13, 1992, City Council did adopt Resolution No. 4, Series of 1992, finding substantial compliance with Section 31-12-107(1), C.R.S.; and WHEREAS, the City Council, by Resolution No. 12, Series of 1992, at its regular meeting on March 23, 1994, did find and determine, following a public hearing, said Petition for Annexation to be in substantial compliance with _31-12-104 and 31-12-105, C.R.S, and y..~ fit .;79604 R-T.~.~ G-823 03/09/95 02:03P Fart ~ OF 11 % WHEREAS, the Applicant and the City of Aspen have consented to that certain Annexation Agreement dated , 1994; and WHEREAS, the Planning and Zoning Commission considered the Applicant's request at a public hearing on September 13, 1994, at which time the Commission recommended approval to City Council for the Subdivision, Rezoning, PUD, GMQS Exemption, and Annexation. The Commission also granted 8040 Greenline review and Special Review for parking and open space, subject to conditions in Planning and Zoning Commission Resolution 94-_; and WHEREAS,. the Commission voted 4-0 to recommend approval of this project to City Council; and WHEREAS, pursuant to Section 24-7-1004 Subdivision, Section 24-7-901 Planned Unit Development, and Section 24-8-104 GMQS ~~ Exemption, City Council may approve the Applicant's request; and ~ WHEREAS, City Council considered the Applicant's request at a duly noticed public hearing on November 14, 1994 at which time Council determined that this project complies with the applicable requirements of the Municipal Code; and WHEREAS, City Council has found that a multi-year development allotment for one freemarket unit pursuant to Section 24-8-103(0) is appropriate to accommodate this project; and WHEREAS, the approvals granted herein are specifically conditioned upon City Council approval of said Petition for Annexation by Ordinance duly adopted. NOW, THEREFORE, BE ZT ORDAINED HY THE CITY COUNCIL OF THE CITY ~ OF ASPEN, COLORADO: 2 . ?~79E+O4 R-775 F'-8c4. @3/Q~9/95 Oc:03f~ PG „ OF 11 Section 1: Pursuant to Section 24-7-1004 Subdivision, Section 24- 7-901 Planned Unit Development, and Section 24-8-104 .GMQS Exemption, City Council does hereby approve the applicant's request subject to the terms and conditions of said Annexation Agreement and upon adoption by the City Council of an Annexation Ordinance annexing the subject property to the City of~Aspen; and subject further to the following conditions: 1. The Zoning Enforcement Officer has recommended the following conditions of approval that shall be adhered to by the applicant: a. Building envelopes on the free market lots shall contain all development and disturbance proposed for those, lots. Natural vegetation shall be maintained outside the designated building envelopes. This condition shall be noted on the Final Plat. b. No development shall be permitted to encroach into any easement areas identified on the Final Plat. This condition shall be noted. on the Final Plat. c. Prior to the development of each lot, a separate topographical and boundary survey with corner monuments shall be prepared by a registered land surveyor and submitted with the building permit. d. The free market units shall provide one parking space per bedroom. e. Allowed floor area square footages shall be based on the lot areas identified on the Final Plat. f. Pitkin County's definition for calculating height and determining natural grade shall be used for this project. g. Lots 3 - 15 have received a PUD variance for the front yard that addresses the requirement of Section 24-3-101 Yard (A)(5), which permits driveways or cut slabs greater than 30 inches below grade within the required yards. /' h. All heights and FAR calculations shall be verified when 3 3796G~+ R-775 P~,,,,..~5 03/9/95 0c:@3P FG 4 ,,,.UF 11 j' working drawings are submitted to the Building Department l for building permit review. The drawings included in the application packet do not contain adequate detail for this level of review. 2. The applicant shall comply with the following conditions regarding pedestrian areas: a. The Final Plat shall identify pedestrian easements on all lots that are adjacent to roads. b. Hard surface pedestrian walking areas shall be placed on one side of all roads within the subdivision and along one side of the main access road across Mollie Gibson park to Smuggler Mountain Road. c. All hard surface pedestrian walking areas shall be maintained in a suitable walking condition on a year. round basis. d. The Covenants and approvals shall specify whether the Homeowner's Associations or individual property owners are responsible for snow removal and maintenance of these walkways. 3. The applicant shall complete an ACSD Collection System agreement, and shall comply with ACSD Rules, Regulations, and '' ~ ~ Spec ifications, prior to the issuance of any building permits. 4. The following conditions of approval from the Environmental Heal th Department, shall be adhered to by the applicant: a. The applicant shall adhere to the fugitive dust control plan filed in the Environmental Health Department. b. The applicant shall file a fireplace/woodstove permit for each structure with the Environmental Health Department, prior to the issuance of any building permits. c. Construction hours shall be limited to 7:o0am to 10:00pm to minimize construction noise on neighboring properties. 5. The applicant shall comply with the following conditions as they relate to the Housing Office: a. The applicant may choose the first time purchasers of the affordable housing units, as long as each purchaser complies with the Aspen/Pitkin County Housing Guidelines and each purchaser has been approved by the APCHA. b. All resale affordable housing units shall come under the jurisdiction of the APCHA and its guidelines. 4 379604 R-775 P~...t5,`_'6 03/09/95 Oc:03F' F'G 5 °~OF 11 c. The Master Deed Restriction shall be filed and approved by the Housing- office within 180 days of City Council approval of the project. d. Ten of the Resident occupied "RO" units shall comply with the RO requirement for the City of Aspen in the 1994 Aspen/Pitkin County Housing Office 1994 Affordable Housing Guidelines. The remaining five RO units shall meet all the requirements of the Housing Guidelines, except there will be no-asset or income limitations for these residents. 6. The turnaround at the intersection of Freesilver Road and Williams Ranch Drive shall be redesigned subject to approval of the City Engineer and the Fire Chief. Alternately, the applicant shall install residential sprinkler systems in all residential units. 7. Lots 1 - 15 shall have a residential sprinkler system installed and these shall be indicated on the building permit drawings. 8. Development on Lot 15 is limited to eighteen feet in height (plus five feet to the mid-point), as calculated by Pitkin County's Land Use Code. All other lots are subject to the 25 f- foot height limitation of the City of Aspen, and are calculated using Pitkin County's definition for height. 9. The water pump serving the upper lots shall have adequate records of pump maintenance and servicing available for inspection by the Fire Marshall. 10. The emergency access road shall be a minimum of 20 feet wide and maintained in a passable condition on a year round basis. The improvements agreement, declarations, and covenants shall specify that snow removal will be provided by the Homeowner's Associations for the emergency access road. 11. The allowable floor area for the free market parcels shall not exceed 90% of what is permitted in the AH zone district. If the proposed floor area for any free market parcel is over 80% of the permitted floor area for the AH zone district, then a complete 8040 Greenline Review by the Planning and Zoning Commission shall be required prior to the issuance of any building permits for that lot. In the 8040 Greenline Review process, particular attention shall be focussed on requirements 7 and 8, which provide for the preservation of the mountain as a scenic resource and design to blend into thei open character of the mountain. 12. Lots 1 - 15 shall have an engineer evaluate the site '` 5 379604 B-775 F'`~''.'7 03/09/95 0~:03F' F'G 6 ~iF it .+ conditions to recommend foundation design, prior to building permit review on each parcel. 13. A licensed engineer shall submit a report addressing the foundation design for the affordable housing units, prior to the issuance of any building permits. 14. As discussed in the referral comments dated August 24, 1994 from the Engineering Department, the applicant shall comply with the following: a. The free market units shall be required to provide for on-site stormwater detention, prior to the issuance of any building permits. b. Soil erosion controls and the debris interceptor shall be indicated on the Final Plat drawings. Construction drawings for each phase of work shall be designed by a licensed engineer and indicate appropriate runoff control measures. The plans shall be submitted and approved by the Engineering Department, prior to any earthmoving activities. c. The applicant shall dedicate public right-of-way or an easement for Spruce Street along the north property boundary on Lots 1 - 4 and provide a seven foot easement for snow storage along these lots. d. All access roads shall be a minimum of 20 foot driving width. This also applies to the "driveway" called Williams Court. e. The "grass over paver blocks" or similar system for the emergency access lane off Spruce Street shall be designed and engineered to handle emergency response vehicle loads. This plan shall be reviewed and approved by the Fire Marshall, prior to the issuance of any building permits. f. The applicant shall submit construction drawings and specifications, stamped by a registered engineer; and obtain written permission from Engineering prior to any road work, utility construction, or grading/drainage construction. g. Prior to signing the Final Plat, the applicant shall submit a letter by a registered engineer stating that the road designs meet the requirements of Section 24-7- 1004(C)(4)(a)(10) and (13). h. The Final Plat shall indicate a 20 mph speed limit signs to be installed by the applicant as identified in the G i ~, 379E04 R-775 ,~~ 828 03/09/95 0~:03P F'6 7. 1 OF 11 Traffic Report. i. In addition to the required 100 foot diameter turnaround for the intersection of Freesilver Road and Williams Ranch Drive, a seven foot buffer shall be designed outside this turnaround that will be for drainage, snow storage space plus a five foot pedestrian path. This shall be identified on the Final Plat. j. An easement for the snow storage areas within the development shall be indicated on the Final Plat. k. The applicant shall provide three single globe antique street lights for this project, one at the intersection of Williams Drive and Teal Court, one at the intersection/turnaround of Williams Ranch Drive and Freesilver Road, and one at the intersection of Williams Ranch Drive and Freesilver Road. Intermediate, low level .street lighting shall be provided between intersections. Design, style and location of these lights shall be approved by the City Engineer. 1. All utilities, except natural gas, shall be stubbed out to the property lines prior to paving the access roads. m. Any property monuments removed or disturbed during construction (including landscaping) shall be reset by a land surveyor. n. Prior to Final Plat approval, property corner monuments shall be set on the external boundaries of the subdivision. o. The Final Plat and subdivision agreement shall include a note specifying that trash storage and recycle areas will be located on private property and not within access and utility easements. p. The Final Plat must meet the requirements of Section 24- 7-1004(D) of the Municipal Code. The Plat shall also include certificates of plat approval for utility location and easement width by all utility companies and approval by all easement holders on the property. q. The "Final Plat" will consist of all boundary, certificate, site, engineering, and architectural drawings approved by the City. All sheets containing engineered drawings must be stamped by a registered engiineer . r. The applicant shall agree to join any future improvement districts which may be formed for the purpose of 7 ., c,796~4 P-77~+-8~9 k3/~9/95 O~:kl3p F'6 OF i1 / constructing improvements in the adjacent Smuggler area public rights-of-way. s. The applicant shall consult city engineering (920-5080) for design considerations of development within public rights-of-way, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights- of-way from the city street department (920-5130). t. Guest parking areas shall be delineated on the Final Plat and all pull in parking spaces shall be redesigned to comply With the requirements of the Municipal Code. 15. No accessory dwelling units are permitted to be constructed in any of the Williams Ranch residences. 16. As stated in the Parks Department referral comments dated _ September 7, 1994, the applicant shall comply .with the following: a. The applicant shall obtain an easement from the ditch owners for the proposed trail along Salvation Ditch. Specific information regarding trail standards and materials shall be included in the application. The applicant should dedicate this as a public easement. b. Prior to the issuance of any building permits, the applicant shall submit a detailed landscape plan that identifies trees six inches in diameter and over. Landscaping in any right-of-way should also be included on the landscape plan. The Parks Department will review and approve the final landscape plan to be recorded with the Final Plat documents.. c. The applicant shall comply with Ordinance 37 Series of 1991 as it relates to irrigation methods. 17. The applicant shall pay the $157,360 park development impact fee prior to the issuance of any building permits, unless the applicant provides a cost breakdown of the park improvements as specified Section 24-5-608. '~,18. The Final Plans shall indicate a small ditch water feature l along the Salvation Ditch alignment to maintain the historic ', character of this area. f 19. The applicant shall provide a Final Plat and Subdivision Improvement Agreement, satisfactory to the City Attorney, Engineer and Planning Office, detailing the costs of all proposed public improvements within 180 days of City Council review. The guarantee of these improvements shall be in place 8 ' ,79604 R-77G°- F'-830 03/09/95 02:03F' F'C-"^c OF 11 /_ before the issuance of any building permits. All public '') improvements-shall be completed, in-place and accepted by the ~ appropriate agency before issuance of any Certificate of Occupancy's. 20. The applicant shall explore restricting residential development on the remaining 30 acres in Pitkin County, with the exception of~a night watchman's quarters, not to exceed 1,500 square feet in floor area. 21. The City Engineer shall pursue a text amendment to allow variations of subdivision design standards as set forth in Section 24-7-1004(C)(4) of the Aspen Municipal Code. 22. Only Lot 5 shall have access via Spruce Street. 23. Prior to the commencement of any construction activities on this property, the applicant shall receive final Annexation and Rezoning approvals from the City of Aspen. 24. The applicant shall comply with the recommendations made by Bruce Collins in his geologic report dated January 19, 1994. 25. All material-representations made by the applicant in the application and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended -~ by other conditions. ~`- ~26. The applicant shall grant a Public Recreation Easement to the City of Aspen for the open space parcel adjacent to Salvation Ditch. 27. The applicant agrees not to seek any variances to the 25-foot height limit for structures, as based upon the Pitkin County regulation pertaining to the measurement of building heights. Section 2: Pursuant to Section 24-6-207 of the Aspen Municipal Code, City Council does hereby grant the Applicant vested rights for the Williams Ranch Subdivision site development plan as follows: 1. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said 9 ,' .;379604 La-775 G-831 03/09/95 0c:03p FAG 10 OF ii /., ~ ~~ ~ vested property rights. Failure to timely and properly record -:~ all plats and agreements as specified herein or in the Municipal Code shall also .result in the forfeiture of said vested rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review. 3. Nothing in the approvals provided by this Ordinance shall exempt the site specific development plan from subsequent reviews and/or approvals required by this Ordinance or the general rules, regulations or ordinances of the City provided that such reviews or approvals are not inconsistent with the approval granted and vested herein. 4. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which. are general in nature and are applicable to all properties subject to land use regulation by the City of Aspen,. including but not limited to, building, fire, plumbing, electrical and mechanical codes.. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 3: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen, no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of .the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: The property shall be described in the notice and appended to said notice. Section 9: This .ordinance shall not become effective unless and until tY~e City Council approves the Petition for Annexation by duly enacted ordinance annexing the subject property to the City of to 37%Q~4 B-775 F'-832 03/Q~9/95 ~2:03F' F'G 11 DF it .., ~ ~ ,.r , C _ _ Aspen. \ Section 5: A public hearing on the Ordinance shall be held on the day of , 1994 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Fifteen (15) days prior to .the hearing a public notice of the hearing shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the ~ day of jcf„~„L 1994. X ~7 Joh YYYY Bennett, Mayor • ,,`~ ~ F ~ ~.. ,,, •: `~ .. J,.~. `~~ ' •. ~ ATTEST: '; ;~~ ~ ,~„ ;. ~ _. nab n•• och, City ~RAD ,,, miflu~~••''• FINALLY, adopted, 1994. S,:''%~. ..a~r~y~ ~:...,_ch, City ond. cc . ah. cyi;~•.,iranch. final r'••.. ' . ~ o~ b A~AR~rc `. passed and approved this -~~~~-~ day of W John Sennett, Mayor it ~~r~~ 0 Inn ~) LNNe ~up/~V80lfOY-lYN Xb6GRf~. MM121WV b904b4 N~IpIM1S RSn~OI. M~://M~II.g1111~~• fnpNiplR®1998 Gm9reMk MIO Tetfipbpy. N~bR%ro1. ®1998 Nmpatbn Te~upb9ka NrgMS ro~ewtl. Va9e I I O `U1 SS ~~ .-~~ of N s!] - o O ~ ~ ~ S- i - , ~ ~ t~ Cj ' i . ~ ~ ~; ~ ~ ~ - ~' - ~ ~~ '~ _ ~ -~ -~ , ~ ~ ~ - < ~, ~ ~ ~ , ~' O ~ : ~ ~~1 ~ ~ ~ ~I~ I ` ~ ~ j , t~- !~~' ~ , ~ i ~ ~ i i r t I ` ~ ~ ~ C ~ } S F ~~pp~ {' ,L_ ' --r ~, ~ l~ .-.~ _ f G -~ ~ i ~ ~ _ ~ ~ -~y. ~b l ~ ~ - ~, ~;, i ~ ii ~! i ~ ~ I~ Ii i ~' ~' ~' i ', i I i i -z .Q V O `^`~ ,V,`` ~i I~ J ~~, .~ ~. 9 ,~~" _\ -~ ' ._ _, . Q.--_ ~.. ~<<~ ~'J 1.L+ I i. l ~~ `,~ ~' ~ ~. i i } !{ 1 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: (hereinafter, THE PROIECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree [hat it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following thew hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the, greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that i[ is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required fmdings for project consideration, unless current billings aze paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to ~j~rmination of appli ation completeness, APPLICANT shall pay an initial deposit in the amount of $ :/ ~~ which is for ~, ~ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY ~ PEN By: -% Ann Woods ~mmunity Development Director g: \support\for ms\agrpayas.doc 6iosios RETAIN FOR PERMANENT RECORD ~'~on~r.~ ~kauGs . ~a~ Billing Address aad Telephone Number: Required ~ lIS ~ ^ y~~~~ MAR. 5.2002 1:26PM PITKIN COUNTY TITLE N0. 2917 P.2 .-~. Ji . CERTIFICATE OF OWNERSHIP ~_ Pitkin County Title, Inc., a duly licensed Title Insurance Agent in tbe State of Colorado hereby certifies that JOHN A. ELMORE II is the owner in fee simple of the following described property: LOT 11, SILVERLODE SUBDIVISION, according to the Subdivision Plat thereof filed for record in Plat Book 37 at Page 3 and Fist Amendment thereof recorded August 20, 1998 in Plat Book 45 at Page 97. CUUNTY OF PITKIN, STATE OF COLORADO Subject to encumbrances, easements, rights of way and recorded matters. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKIN COUNTX TI7,T,E, INC. BY: ;A,41~.i authorized CERTIFIED TO: FE$RYJARY 21, 2002 a 8:00 A.M. MAR. 5.2002 1:2iPM PITKIN COUNTY TITLE,,,,,„r,,,r, „ N0. 2977 P.3 ~ ' . ' . cxstr tar a~i>aY ! ~ t1~rQFRO~ )! r'wott tvsarr `r qyt~ ~ ~ yam; Dna~r R>tas uo. N ~~ coxsacr>wl "~°'Oi `QQ'a5,'`~" j-~-Ol ~ WARFi/iW7Y DEED ~_ r v THIS DEED, roads October 25, 2001, Between WILUAMS RANCH JOINT VENTURE A COLORADO GENERAL PARTNEgSHIP m the county d Bmm m CA. oRANiOR, AND JOHN A. EIJNORE 11, GRANTEE whose lapel alaress b : 1!N)0 FJISTN/OOp ROAD. SUITE i t. WILMINGTON, NC, 2t1~03 m the County d filets d NC WITNESSETN. That for and N COnaldarsaon d the sum d tM dosars and oMgt goad Of W vasreble oonNdaraYon, ttte reoWp 9M eueklenry d whkh tr hereby eduawledpetl, tl» grantor hpa pra+YSd, tlarpalnsd, sold end eomraYad. and by dress Weaeds does 9raaL berpsln, seY and oomny otld eoMtrm urdb Hte 9raltee, Tde heNs and esslgns tasver, ell tM reel property topsthx wah Irrpovunertb, n any, aiaan one Mn0 and ttaing In the County d PIT%IN. State d COLORADO, deer.Mtled as 1oYOwe: LOT 1 t, SILVERLODE SUBDIVISION, aoeord"rtg b dls Subdhgspn Plat thsreot 61sd fa revvrd N Ppt BooK 97 M Pape 3 and Fact Amsndlhant ihereot raCOrded August 20. 1 ape In Plat Book ~ w Pepe 9S. TOGETHER w11f1 iY and sinpttp. the traredpsmenta end appurtanenoee iheret0 bebnpinp, a M arrywlse appertainMg, end tlta rsvorslsrt and rwetNans, remMrtders, rents, haws and prplhs tharea, end ad the asters. rlph6 etle, 1r10erest, °pan end demand wMUOaror d dle grantor erorer In luv w squMy. m, (n and to the atww bef0axrad promeaa, with dle heredkamsnt6 end eppWtarencae, TO NAVE ANO TO HOLD the Sea prampee atww ixtrgalnsd and tleeni0ed, weh the appurtenenesa, unto the Orerttse, hp hates end asspna toteva. qnd iha 6rerltor,la hlmeeM, his htlY'6 and lraaipns, dvas oDVelrenf, greM, trsrpear, end agree t0 and tegfr eta GrerNea. hls heirs end uarons, that at the tlme d ttte ensewlnp and dslHery d the Preaenb,. ha ie wee selzw d the Pranaaes and has peod dphe. h+Y~wsr and lawful a ~~ ~ I~Nbb olds m Inasnlenes. In law. In tae sYnpp. u .laetyta. and au the Game era Nas erwdear irorep fo ~ o~ the same In nwrsfsr and brm assessments, sneumbranwe and resplcdons m whatsvaf and a maws sornrer, ~ bef~De' saps, Ysns, toss. on FxNblt A• attached hereto errd Moorporeted hao:, except those matters as sot rapt KOREVER OFFEND dte above aergalnad prsml9es M ehsrehrsnvs. The grantor alpY and wiY WARRANT AND heirs and asslpne, epBlrtst all and qulst acrd VaepOabta posausbn m tl+o grantee, his every garcon a parsons lewrwry delmNrp the whey a Gay pen tlrersm. Tt+s a~ntlw,r~m~ shag irrcxrde era pxaal. the pktrel rho slnpuW, and the use et gender sheN As aPtekeble to eY r ~. STATE OF sa COUNTY OF t Tea forspolnp Instrument was eCknow190 ore m9 tMs day d OCTOBER, 200t, by WILUAMS RANCH JOINT V A COLORADO GENERAL PARTNERt#tIP BY: - ITS= WITNE99 O andend ot1lCial seal my salvo axplm~ Nerery Pu611c S-~e.. }~-}~e-h M e rti f I~ ~ ~ ~~iz4:.a is:sso IRY)tl IMY[S piTRla fpYTy W w u.ee o •.w -' MAR. 5.2002 1:21PM PITKIN COUNTY TITLE_.,,,,_..,.. r. V DfNIBIT'q• 1. Tatuq ter dN yeffi 2001 na yffi due or PYYabl9. ,,., ,, ,;., ~ , N0.2977 P. 4 z. Rlpm a the Proprlator a a vNn a lade ro earerx a rerasvs INS oro dtsraran, shaNa the sane be tamd b ttanesa a atrorsea ins premlees trrepy as reeerwd m united Stffiss Passrde recorded Dacertrbet zs. tBOe n Book t 98 ffi Pegs 386. recorded Mey 2D. tps9 to Book 175 ffi Peps tGi end raeaedsp December 24. 19021n Beek 66 at Pape 17& 3. tllpltt a tray br ditGtes a serials oonstructsd by die saa,aky a the Uaibd States r reaetved In UNred Stile: Pffisma recorded NOVembsr 22, 7910 In Beak 138 ffi Pepe 373, era receldsd Dsoerttbet 24, 190¢ n Book 55 et Pape 118. a. Perpsdwl Npht a way.and easeetertts b Wttsttd or drlvs levels or bmneta Nuouph Ste sublet.Y Droparty as set Path era resenred to deed recorded March 30, 1896 in Book 131 ffi Paps 42b. 6. Raservatbn Dy VVripM 6 Preueclt MrtMtp Lbl., a arty end aN wtt.etafsca era awarffi ri9mr ttttrow 5o teffi ertkw dra eurfaoa; itovrever, epse8nstty tvMtou! arty eocanpatynp npm b trw or M arty way buMert the rttatms ewes to oWNn and uae the henslh a Ste ownerahlp a the cams. as set foNt n deed taeoasd Mareh'11' , 7986 in Book ne st Paps 990. e. F.,soamags, Netts a way ertd aN m08ere y tlisclose0 On Plan a SNvanode Sut+dhdabn and W8lntne Reatoh SubOMSlon, reoolded May 9, 1995 n Plat Baok 37 et Pape 3 and Flret ameramartt 8tereof rscsrded qupuyt 20, t988 nt Plat Hook a5 at Pape 97. 7. U.s. West approval end e9reentem for YIIBIams Raa:h SubdNlslon and SMeNOds SubdMebrr rttcerdad May 8. 1985 M BODk 780 ffi Pepe 388. 8. Tsrms, rxndlaons, prsvlsl0ro and obN9etlDns as set fDrBt In VYNIMrrts Rsnt:h - Cpy W gspert Amwtrstbn AdeemeM reeerdM May 9, t896 n Book >80 ffi Paps 370. 9. These terms. condNfons, provkbrts, aMpatlons, eaiMnartre, rsstrle8ons, assessments era se maitre es set foNn n Dadara0sn foY slNerlDde recorded May 12, 1995 M Boe4 78D ffi Pepe 756 Y Reeappan Nw 38t 278, deletlnp tnsresrom arty rsatrlctions Italutlnp arty Prefennos. Nrnlfatlen or dbptnrlnatlDn bseed en harakaP. MmNlal stan», or national elan. tape. cobr, reapwn. sac The above Pnttective' Covenevtb were amended by FNat tNnertdrnent recorded taovember 5. iHBe as Receplbn No. az422a. t0. Temw, eondllorta, Prs'vlalone and owlpadona ea tree YDM n Fatement Apreamertt recorded March 15. 1996 n 0ook 778 at Parts 301. t t. Ennoadtntad Easement recorded Jury 2, t B86 Y ReCepifon No. 38x388. 12. Conesm a Ownere era Mortpapses b Fkat Amendmsra to the Fktal Subdhnsion Plat of BNveNOde SuOWtrlslgl era vanlems Rana, 8trbdMSwn ncor~d Aupuat 20, lees as Receptkm No. x20842_ 13. Terms. fondhlerts. provWCrre, obNpadens and eN matWs M set fordr n Rasosttlen of the Aspen Plannktp and Zonlnp tbmmisslon rsatrded Fabrusry tt, 2000 as Reoepdon No. aao391 as RawlrrdOn No. 99-27. 14. All metiers se dhC109ed pY Sunrey a Bann~rAesoelaea9, Inc. dated January ~. 2001 es Jeb No. W046.00-Ot savlw pNrc elntiM Ceuwrr p e ro.N D e.N -°,, ., ABELIA INVESTMENT LTD ASPEN MOUNTAIN CONSTRUCTION INC gOSTICK BARBARA OWEN- PO BOX 8029 PO BOX 4067 340 SILVERLODE DR ASPEN, CO 81612 C!O GEORGE WIIKINSON ASPEN, CO 81611-2542 ASPEN, CO 81612 CAREY JANE ELIZABETH DALESSIO ROBERT J & JEAN M ERB MARY ANN 110 WILLIAMS RANCH DR 60 WILLIAMS RANCH DR 8401 GREENWOOD DR ASPEN, CO 81611 ASPEN, CO 81611 LONGMONT, CO 80503 FINGERMAN SHELDON FUCHS PETER H 8 HENRICKA A GLEASON AUSTIN 8 GEORGE ANNA PO BOX 8692 844 3RD ST #D 3918 SUNSET ASPEN, CO 81612 SANTA MONICA, CA 90403-1104 SHREVEPORT, LA 71109 HAGOPIAN CONSTANCE E TRUSTEE HAGOPIAN SANDY 52% HAMOUZ JAMES B & KERRI L ~°~ 213 S MILL ST C/O DAVID A NEARON 130 WILLIAMS RANCH DR ASPEN, CO 81611 1212 ROSSMOOR PKWY ASPEN, CO 81611 WALNUT CREEK, CA 94565 HARRIS WAYNE S JR & JUDI M HOFFMAN E MICHAEL & SHARON LIST HOROWITZ MARTHA MEAGHER 715 W MAIN ST#103 80 WILLIAMS RANCH DR 115 WILLIAMS RANCH OR ASPEN, CO 81611 ASPEN, CO 51611 ASPEN, CO 81611 JOSEPH MARK C KELLY GARY P KNIGHT DANA ERIC 100 WILLIAMS RANCH DR PO BOX 12356 627 RIO GRANDE PL ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 KOWALICK ROBERT M JR & LAURIE J MORRIS ROBERT P NEW CONSOLIDATED ET AL 27190 LEDGEWOOD CT 600 E HOPKINS AVE STE 304 PO BOX 4067 ROCHESTER HILLS, MI 48306 ASPEN, CO 81611 ASPEN, CO 81612 NEW CONSOLIDATED ET AL NEW CONSOLIDATED ET AL OWEN KEVIN PO BOX 4067 PO BOX 4067 PO BOX 1518 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612 PARKER ALEC J PARKER JACQUELINE A POPISH KIM & DOMINIC 120 WILLIAMS RANCH DR 50 WILLIAMS RANCH DR PO BOX 434 ASPEN, CO 81611 }1SPEN, CO 81611 ASPEN, CO 81612 REYNOLDS SHEILA B SCHAEFER TERRY SHANDLING MICHAEL A & ANTOINETTE 1279 LAKE WORTH ~N 117 S SPRING ST STE 101 A NORTH PALM BEACH„FG ASPEN, CO 81611-2068 401 E HYMAN AVE ASPEN, CO 81611-2903 .. SIMMOtaIS GREGORY T 295 SIL1gR1ODE DR ASPEN, CO 81611 SPARKS CYNTHIA S PO BOX 3056 ASPEN, CO 81612 TIMROTH GRANT TIMROTH ALBERT G C/O PO 8OX 89 ASPEN, CO 81612 WAMPLER MIKE & SANDY 465 N MILL ST STE 19 ASPEN, CO 81611-1588 SUTHERLIN-MARTIN LTD 3616 MAPLEWOOD AVE DALLAS, TX 75205 WENDEL GERALD 201 SILVERLODE DR ASPEN, CO 81611 WILKINSON GEOFYGE MARSH DBA ECHO WRIGHT & PRUESCH MINING LTD WRIGHT GARY A FIL S WRIGHT GARY -C/O 201 N MILL ST STE 106 PO~ 1~ 4067 201 N MILL ST ASPEN, CO 81611 A~ ~, CO 81612 ASPEN, CO 81611 SEP'i`. 26, 2003 JOHN ELMORE P.O. BOX 318 WRIGHTSVILLE BEACH, NC. 28480 970.920.1368 910.256.4780 JAMES LIND1' CITY OF ASPEN COMMUNI'T'Y DEVELOPMENT DEPARTMBNI' 130 S. GALENA STREET ASPEN, COLORADO 81611 RE; LOT 11, SiLVERLODE SUBDIVISION DEAR JAMES, I, JOHN ELMORE, OWNER OF THE PROPERTY REFERENCED ABOVE, AUTHORIZE SCAN MATHIS TO ACT IN MY BEHALF FOR A VARIANCE FROM THE NEIGHBORHOOD DESIGN STANDARDS. 'CHANK YOU, ~,.-~ J N ELMORE ~.-_