HomeMy WebLinkAboutagenda.drac.overlay.19950316AGENDA
OVERLAY SIIHCOMMITTEE
March 16, 1995
Regular Meetinq
2nd Floor Meeting Room, City Hall
4:00 I: Roll Call
II. Comments (Committee members, Staff and public)
III. New Business
4:05
4:30 V
A. 1203 E. Hopkins Avenue, Bellotti
Adjourn
C~~CsI ~ `'Ll a,, 3 d ~~
TO: Overlay Zone District Sub-Committee
FROM: Amy Amidon, Historic Preservation Officer and Kim
Johnson, Planner
RE: Lot 1 Promontory Subdivision (1203 E. Hopkins)
DATE: March 16, 1995
SIIbII31RY: This project is located in the Smuggler Mountain
neighborhood, therefore both the general guidelines (Chapter 1 of
the "Neighborhood Character Guidelines") and the specific
guidelines for Smuggler Mountain (Chapter 4) will be applied. The
applicant requests approval for an addition to a residence. The
proposed FAR for this 6,090 sq. ft. R-6 lot is 3,253 sq. ft. The
allowable FAR is 3,253 sq. ft. The addition brings the structure
to 100% of the maximum FAR. The special review process is
mandatory as is compliance with the Committee's findings.
APPLICANT: Stephen Bellotti, represented by Ted Guy
LOCATION: 1203 E. Hopkins, Lot 1 Promontory Subdivision (southeast
corner of E. Hopkins at Park Avenue)
STAFF COMMENTS: Please refer to the application for the complete
representation of the proposal. Planning staff finds that this
project is substantially in compliance with the general and
specific neighborhood guidelines. No conditions are recommended
for approval.
STAFF EVALIIATION: The additional floor area is proposed within a
second floor addition. The orientation of the structure and its
site elements (garage, landscaping, driveway, etc.) is not
changing. The height to the tallest ridge will be 27 feet,
although the majority of the new roof will be at approximately 25
feet ridge height.
The added story will be centered in the structure so that the two
street frontages will be minimally impacted.
Mass and Scale
Guideline #2. New buildings should appear to be similar in scale
to those in the established neighborhood, or to the scale that is
desired for the neighborhood.
Response: Due to the narrow building envelope which exists on this
1
1
ly".+,P 13 '95 15:9 7!-IFOpOP.E K DIY p~rc' PC 4
APPl:CAFi;
ADDRESS:
7lME D~STA~(Ct:
LCT S~ (SCtJARE F~'t}:
EIQSDNti FAR:
At1.ONU9lE FAR:
PROPOS"eD FAR
E7o.StWG NET CEASA2LE {
PRGPp,~llE? ° c i
E~uVG %aF SITE CCYEf1ACE:
PFiCPQSEr}iGt'~. CJ'1ER?~E:
S1°?H~J 2d. 3II:
P.z
2203 F_ [iOAtICCISIIS, ASP£`7, CCL~'0;0
R-.6
b090.1 Sruaze Feet '
2,537
.O
3.252.5. .
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PrFI®ai 8de • ~ ~ ~'~ ri Wd~r -0-
E~S31G q eF 0PED1 SPACE tCorrral~:
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EYLS7lNG ??A,YIDdLld uca:vr.
PRC?C„S~ LLiXih47ri k~iGrti
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EI~STi1VGMJM~fiCFB~' CCeAS:
Pf?C°^S.~.. '!A.".9F.t'tL`Faur"'~:~.7dA5:
E~lNG CNSRE PARIO."!G ,<PACES:
OM,SITE °AR7CNG S?ACc3 r'?c:1Jinc'.r.,:
Se^T9AL'~
EXLTUi tG
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Comaioed FImWAear.~~~~
E'.f..'Q7ltXi yC.Yq , ~wi'
E!~Cn'QAC:!~rtE'dTS:
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Frorm 10•-0,~ FiPR~ SED: ~ ~ _3..
Rear: ZO''~-
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Side: 1~` ~ 30'rTr
Compered FNRr: ~'~"~' Comtined FraneRaar. ~-
£ront setEack, si@e set..act, sitz coverage
Lac., oce F~+-
VAAIA i IONS RE4 FS7F roliniHP (pf I ~n+marks Qntir d~~r'ar m Qafb~ ~~ ~~~~ ~ hPGI:
FAR
SE78ACXS: Frcnc ' -~°~
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Aeat: ~ S-~a {Caomerckik
Side: Fip1gM (CAtGtgE hfi C'nly):
C~tined Fi1Rr ~ Cow.ragg (Cotr~ge ~ Cny}:
THEODORE K GUY ASSOCIATES PC
ARCHITECTS ANO STRUCTURAL ENOINEER9
Memorandum
TO Aspen/Pitkin Community Development
FROM Ted Guy, THEODORE K GUY ASSOCIATES, PC
DATE February 24, 1995
RE Bellotti Residence - 1203 E. Hopkins Street, Aspen, Colorado
Lot 1, Promontory Subdivision, City of Aspen, Pitkin County, Colorado
Item 6 of Neighborhood Character Guidelines Review Submission
The current proposal is for a new owner who must conduct his business from an office in his home.
The Master Suite will be constructed on the second level since the existing house already exceeds
the allowable site coverage permitted by the last round of zoning code revisions.
No new construction can occur outside of the existing building envelope on the ground level. The
new space will be enclosed on the upper level with a roof that matches the primary architectural
element of existing house-the 4 in 12 pitched roof.
The proposed construction will match the neighbor in massing, materials, and proportion. The
resultant home will be lower than its neighbor to the east, lower than the allowable height and will
not alter the street facade along either Hopkins or Park: -
No changes will be made to the fences and landscape features that currently provide seclusion for
the yard areas. Window sizes and types will match those now found on the existing 1960's style
design. The entry will remain at ground elevation, fences and mature landscaping will buffer the
house from adjacent properties.
TKG/tkg
95110 M4
232Bq ST4TF, HIGHWAY 82 ,V.O..Ci[]%t6A0 0A9ALT, COlG9AGG Bt Sgt 13031 92 7 31 6 7
'~-FEE-19'35 17.4 FROPt SE~ELLOTTI ~IFiIlE7
23 February 1945
Community llevelopment Uept
130 South Galena Street
Aspen CO 81G11
Dear Sirs.
TO 9U1L11~J9='^421' P.Eti
Merrill Lynch Imemational limited
Ropemaker Place
25 Ropemaker street
Cordon GC2Y 9L1'
Teleplnne:071-867 43ttOV4450
Faz:07 t -867 8318
Fmm the office of
5tepeen M. Beliaitl
~knerjng Director
Olfatare Debt Trading
The existing neigliborhocY3"is one of transition with a miE-htre of ~iDall atii9 large' cfnirtiirc~ built
between 1960 and gresent day. There is no cenuuon theme or sh'le other than the individualism
of low cost orr~ter constructed 1960's housing now beitlg updated to roday's professionally built
architecturally designed residences.
The home to the cast r•.us rnlntged reoautly into a hvo story duple. The homes to the north aze
still primarily one story. The homes along Park Avenue to the west are a tnix of one and two
story structures wYth no couvnon style or theme.
Fouls fait}tfillly,
Stephen M Bellotti
Td.
,X NO~u~
ATl ENT101V AF
FROM .~
COMPANY: ~.
it-^~. ~.~,P
FAX. N0: !-Yl
DATE
~_ OF:. ~-
4e' Nri; 789"
post- ..-
Fesienee m P~IanO trw. zuzo; o~
Reei6tered OIFee~ L' Ropemrkn $nce'.taiG~n EC..Y a.r
ACUCFHUnd Mrrtlll lynch b. Co.lne-. `~elsaere. US/.
Member orTh. v:~,r.:r:~ ora rua,~ n4,hor;y t;n,a.a
Mernperotttre tondm slack Eachanp'
~'-FECi-1995 1~~~3=1 FFOPI SE:ELLUTTI-~~7AHET
Merrill Lgncio
23 February 19y5
Theodore K Guy Associates PC
PU Box 1640
Basalt
Colorado $1621
TO 9tJ101_,aJ927a;=1' P.IJ
Merrill LyncJ+Ittternatiottal Limited
. ... ~. ...~ Ropemaker Plaee .
TS Ropemttker Street
London fC2Y 9L1'
Teleplrorte:0i I.06i 43RW4450
Fax:0i1-B6i 4TI5
From the office of
Stepbep M. Bellottl
MnrwIDng Director
Olfkbge Debt Trad'mg
1]ear Sirs,
I hereby authorise Theodore h. Guy and his staff at Thendnre K Guy llssociat~s PC as my
representative in the special review application for deterniination of compliance with
Neighborhood Chazacter Guidelines altd the submission and review of documents for securing a
Building Permit for the property currently under contract to purchase also known as Lot 1,
Proutontory Subdivision, Aspen, Colorado.
Xours faithfully,
Stephen M Bellotti
Reguceree tnrp,natra. nlxa~s)
RtpnMn+lcM5ce:251R~yerrFrrStreet, lvn6»r EC1Y 9LY
. ,. .. ... .. .. ....Af+tbsidary at M.,niRl}+Kft6Cu. Inc.,Pelaw.x UFA.
kkmhetdThe 3!'~wl0a er-0FUWM auenx,~lirr~ted
Men+Oet d the lotdan Stxk 6artmnpe
BROONE A. PETERSON
GIDEON I. HAUFMAN
ERIN L. FERNAN DEZ '•
ROBYN J. MYLER "'
• g120 gDMITiCD IN M,1 gTlANO
gL50 ~DMITlCO IN fIORIDrv
RLSO 1DMITiCO IN NCW YORK
nqD COggtcncur
LAIVUPPIUiSUP
xnt ~rntnN ~ Prrt;ttsoN, P.c.
315 CAST HYMAN AVENUE
ASPEN, COLORADO 81611
February 23, 1995
The City of Aspen
Community Development Office
130 South Galena Street
Aspen, Colorado 81611
RE:
Dear Ladies and Gentlemen:
TELEPHONE
(303) 925-8166
FACSIMILE
(303) 925-1090
Please allow this letter to serve as the disclosure of
ownership required pursuant to Section 6-202 (B)(3) of the City of
Aspen land use regulations. The undersigned is an attorney duly
licensed to practice law in the state of Colorado. Based upon the
examination of the title insurance commitment for Lot 1, Promontory
Subdivision in the City of Aspen, the undersigned hereby certifies
that the property, at present, is owned by Robert L. Birenbaum and
Deena Birenbaum. Mr. Steve Bellotti is the contract vendee of this
property.
At the present time, the outstanding mortgages, judgements,
liens, easements, contracts, or agreements affecting the property
are as follows:
1.) A Deed of Trust for the use of Ute City Mortgage
Company securing the sum of $400,000.00 recorded in book 665
at Page 870.
2.) A Deed of Trust for the use of Pitkin County Bank
and Trust securing the sum of $100,000 recorded in Book 753 at
Page 978.
3. ) Mineral rights and Rights of Way as set forth in
U.S. Patents recorded in Book 175 at Page 246.
4.) Easements as shown on the Plat of Promontory
Subdivision, recorded in Ditch Plat Book 2A at Page 240.
Mr. Bellotti, as the contract vendee of the Property, has the
- right to pursue this ar~plication in accordance with the terms of
the Amendment to hi.s contract with the Birenbaums, a copy of which
is attached. Paragraph 1 of the Addendum to this Amendment
addresses the :issue of Mr. Bellotti's land use approvals.
Should you have any questions please do not hesitate to
contact the undersigned.
BAP:cem
Enclosure
letters \betlotti.asp
fours Very Truiy,
KAUFMAN & PETERSON, P.C.,
A ofessi na1 Cor ation
ey:
'A. ~Pet~rsA~r~
F LI; c.~ "J:> 1~. ~i ;Iola i~w
11rc prinrcd pmrion: of tbis form, x.rcepl (ilalituad)
~dif(xftnlialCJ) adJiuom, nave peep approved by
the C:alorudo Reul trswle Commission. (AUf tl L94)
L.
ES SNOUL6 CONSULT LEGAL ANO'fA~ O R O'l'FlBR
'J"H(S i'G R.'.4 FL1S 1F,FVOh'PAN'f LEGAL GQNSEAU~ENCFS AnG THB
COL'NiEL N8F0ItE SLGNWG.
AGREEMENT' TC1
CONTRACT
Feb><uXrY 71 "'" ,19 95_ _ _ II
?; (:GnlfaCl e9rtd '~n'r'rV 30 „V,_•Y,~1995 _6eewcln S'1'[{PHCti M. BELLQ2TI
uycrj and RC•••?D~HT AFID DEEN4 BIytIa$ ~ (Seller), relating 141h6 tale And purehuaa of ;ht following dtaaribcJ
sl es;ulemine C:uumy,( Pitk1 ,Colorado. ,
Lot !, Promontory ;ubdiv1a10n, City 61 Aapen
Id..n ]; Iti~•i
SI(CGI AUdrx>s
uyar .ltd Sehcr hemgy J~rxe to amend Ih< a(UtaSaid emHracl of lollgwi:
I. The d+¢ Icf cladng and Jclivcry 4f daU i> chongcJ to ~1' Q
?. 'lTc dslc fot fumiihing:nmmitmenl for ritla insu rancc pUliq•oi
Febru2"L ?2 _•,,,,.,w,_,'l9 95 _
J. The aa;c inr Jcli~roriny p•i.+;t;:ipn of I'ropuny itch+ngcJ In 1~
J. The d,u (or .ppwval of new loam .S changed io 1-0areh 7
5. Thx dma Ibr IcnJcr's CUnS: aI to loan aftumQtion or lrnns(ef o!
Cily
01 Iilla i3 tganoad IU
(Pwpctty)
Slara Xlp
Ip
19 9 ~ - _.
xhangad lU N[A , IY
6. Olher Jalcn Sal 1'aflh in iald aonlfi.Gt 1hn11 be changcJ Jf follows:
Tha date for delivery of thra Baller'a Prope ty Dlaclosure Form aha11 be
February 23, 1995 and for written notice of any unaetiafaotory condition
F>uc yu:l r.c tc >'axagraph IO 5ha11 be Maroh 7, 955
7. ,\doinanal:~mxndmem::
sae Exhibit ^A^ aCGechad hereto and Snot
AO oty. r I ms and c• nd' M • hall rmuin tllc fanu.
:.ner R'~ ERT BIRI! AU14
JarcUi~c!ler'i$;gnatu(c February ~Z W,19 95
L'ay<r S'PEPIi EtI 14. BELLGTTIw~~ ~.._.__~..._<._..,~~.~...
Dam Uf 6uya'n $ibnmulr, F'ebru it __„•._~ ___ . - , 19 95
herein by this reference.
OEENn BIRINBAUFI
otScllCiiSignalorc F=6ruerv Z2' .ly ~_
d[ lluycr'cSlanamrc February ~ , 19 95
Agrctnunl w Amuld/6~ctuld
,.V c; V. iitx r Pcgli,nd;g (3.fi))5rrl fi;7
I .u1
t>rt 11 • ~ ] RHVr I'IHI'1 ~ I L I tN.S',.'I'I. ..1'. l,l • ~ ~' ~ai -~
.'
1 __.._._...__
The Primed portions oI tnis form, euepl (isalirizcd)
(Jltlerontlmul) utltl111unr, have been apprrrveJ by
thu Cuwrndu R¢al Estnse Commission. (AGI IA4)
THIS FORM tLiS IbiPORTAN7~ LaoAL cunset)UHNCHS AND THH PART185 SHOULD CONSULT LHGAL AND TAX OA O'il-ER
COUCISL'L DCPOrtC SIONlNO,
AGRBBMEN 1"'i'Cl AMEND/~XTEND CONTRACT
~ FObYUdYV 21 .1') ri rr
RE Cumm~tlaleU JanV arv JO ,19 ~5 _betw
(Dayer)anU ROBERT AND GLLNA 9YRY NBAUM
.cis rarurc in the (:vunty of pitkin
.Lot 1, .Fromvntory 6ubdivieioh, City Of Aspen
ST£PNEN Ma BELLOTTY~ ,
, (8¢IICQ, 1CIasrng to the sale and purcbaSC of the 1-ollowing JescribeJ
. Coloredo,
InUwn aS?lo_120J Ea9t
Errom .~ddre.a
(I'ropenv)
f"ary Ssutc Ztp
1)uycr anJ $cllcr he reby n9roe to amend Ih¢ a(ornLaiJ cuntracl at lollrxx:
m .~ n 1 .in •. ,. r ,•r 1 ix nr
2. 'llro dmc w, mrnixhing commdm¢m for side insurance pokey or abssraFs of true is enanyco 10
~'ablaary_ Z2 .79 95
J. The dale f x Jclivering possession of Yrupeny q Caad~Cd to
19
d. ThE ume fur +ppu,vel v( new Ivan n uhmgcJ is NarGh 7 1 i l9 95
3. The acre ror IenJer'e consent In loan assumpnon or trmtSlerof PrvPent' Is changed Io N/A , l9
6. Other UatlS s!r rorlh in a¢lU con«act uhall be changed as hillave:
Th• date for delivery of the Sellez'a Prapoxty Disclosure Form shall be
1'eLa nary zJ, 1995 and for written notl.ce oil any uneacisiectory condition
pursuant to paragraph 10 shall be March 7r 999
7. AJJhwnulamcnJmcnn:
Sea tnlri4i'_ "A" awaulleV hG1~Lu mrQ
a ~aQ Leaeiu Ly LLin lesfel aus.e.
nll mncr Idn1Y una cOntllilbn7 rhall Ionlnln Iht seine.
Scher ROBERS BIRINBAUM
DauofSdkr's5lgnatorc Februarv ,Iv 95
D££NA BIRINBAUM
olleucrsAgnumrc Februarv ,19
~yar 9TEFNEU M. HELLUTTa
Dele at Buyer's 5ignemre Februarv r,C rN ,19 95
of Buyer's Signature FebYUaYV .1'7 9S
Api!!dllJI lJ AdIldd~I~rElld
hlcAllusnr Puhlixhing (gW)331i• IU17
EXHIBIT "A" TO THAT CERTAIN AGREEMENT TO AMEND/EXTEND CONTRACT
BETWEEN STEPHEN M. BELLOTTI EBUYER)
AND ROBERT AND DEENA BIRINBAUM (SELLER).
ADDITIONAL
1. Paragraph F of the Additional Provisions Addendum.
Paragraph F of the Additional Provisions Addendum shall be
rewritten in its entirety as follows:
Buyer's performance under this Contract is expressly
contingent upon Buyer receiving a design review approval, pursuant
to Ordinance No. 35, Series of 1994, by the Historic Preservation
Committee/Planning and Zoning Commission Design Review Committee
process on or before April 14, 1995 for an addition to -the
improvements on the Real Property of a design acceptable to the
Buyer in his sole and absolute discretion. Within two (2) business
days from the execution of this amendment, Buyer agrees to contract
Theodore Guy Associates, P.C. to prepare plans necessary for these
approvals. If the Buyer does not receive design review approval of
the design acceptably to him on or before Apri_1 14, 1995, Buyer
may, at his option, within three (3) business days thereafter,
terminate this Contract upon written notice to the Seller or to
Seller's agent. In the event the Buyer does not so terminate this
Contract, the parties shall proceed to closing hereunder, and .the.
closing date shall be deemed to be June 1, 1995, and the date for
delivery of possession of the Property shall be September 8, 1995,
unless the Buyer commences construction in which event the
possession date shall be thirty (30) days after written notice to
the Seller to vacate, but in no event earlier than July 31, 1995.
2. Paragraph G of the Additional Provisions Addendum.
Paragraph G of the Additional Provisions Addendum shall be
rewritten to read in its entirety as follows:
For $].0.00 and good consideration, Seller agrees to lease
said property from date of closing through September 8, 1995.
Seller agrees to vacate said Property on or after July 31, 1995
should Buyer needs access to commence construction. Seller agrees
to pay $500.00 per day for each additional day in which Seller
continues to occupy the said Property on or after the date on which
Buyer has notified Seller to vacate. The Buyer shall give the
Seller at least thirty (30) days written notice of the date for
vacation of the Property. Anythiny in this paragraph to the
contrary notwithstanding, in the event Buyer does not exercise his
option to terminate this Contract as contained in Paragraph F above
and in the event he does not notify the Seller in writing of his
desire to commence construction on or after July 31, 1995, the date
of delivery of possession shall be September 8, 1995.
3. Paragraph H of the Additional Provisions Addendum Date
of Closing. Paragraph H of the Additional Provisions Addendum,
Date of Closing, shall be rewritten in its entirety as follows:
The closing shall take place on June 1, 1995, in the
event that Buyer has not terminated the Contract in accordance with
the provisions of Paragraph F above.
4. Amendment to Paragraph I. Paragraph I of the Additional
Provisions Addendum shall be rewritten in its entirety as follows:
If after March 1, 1995, but prior to any notification
~~~~ pursuant to Paragraph F above, Seller enters into another contract
which is contingent upon the termination of this Contract, Seller
shall provide to Buyer or Buyer's agent~a fully executed copy of
said contract. Stephen ,Bellotti and/or leis agent agree not to
enter into negotiations with this identified Buyer. The Buyer
shall then have five (5) business days after receipt of this
contract by either Buyer of Buyer's agent in which to notify Seller
or Seller's agent in writing, that he has agreed to waive all
remaining contingencies in this Contract. The closing date shall
then be thirty days after notification. If Buyer does not notify
Seller or Seller's agent in writing within the above-mentioned five
(5) business days of his intention to waive the remaining contin-
gencies, then this Contract shall be declared null and void and all
earnest money and interest earned thereon shall be returned to the
Buyer within two (2) business days. This right to "put" another
contract to the Buyer shall expire on the earlier of a)' Buyer's
written notification of design review approval pursuant to
Paragraph F above or b) April 19, 1995.
5. Facsimile. The parties hereby agree that this Contract
may be offered and or accepted, and that all notices may be given
by facsimile communication and that communication of facsimile
signatures shall be deemed the same as delivery of original
signatures, so long as the evidence can be presented by the sending
party of receipt by the other party of any communication sent by
facsimile.
6. Validity of Contract. Except as modified hereby, the
Contract, as modified by the Sellers in their handwriting, shall be
deemed to be in full force and effect. A copy of th.e Contract is
attached hereto.
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DALE AVENUE
VICINITY MAP
~ 1/10"= 1'-0" 95110
E. HOPkINS AVENUE.
OVERLAY SUBCOMMITTEE MARCH 16, 1995
Meeting was called to order by chairman Jake Vickery with Bruce
Kerr, Roger Moyer and Steve Buettow present. Excused was Don
Erdman.
COMMITTEE AND STAFF COMMENTS
Jake welcomed the two new members, Steve and Roger.
1203 E. HOPKINS AVE. BELLOTTI
Kim Johnson, Planner: This is straight forward and we are
recommending that you approve the FAR special review and we did not
apply any conditions because we felt that the scope of the addition
was within the bulk and mass not only in the general terms of the
structure but within the neighborhood. There is a mix of things
going on in that area. The home will be within the height limits
of the R6 zone district. Because of the ground floor is not being
changed we couldn't make any comments on the orientation of the
garage or the distance to the street.
Ted Guy and Clint Watkins, architects presented the case
Ted Guy: It is an old house that was first built in the 50's and
has been added on to six time. Previously it was remodeled on the
"° inside back in the mid 80's. This design is for a new owner who
will live and work from the residence. Since we could not modify
the footprint because it already reached the site coverage we were
limited to what we did. We tried not to alter the streetscape on
the north side so everything that we did was on the south which
made good views and solar use. We stayed within the setbacks.
Roger: Would their be anyway of making the garage on the side so
that it didn't look like a garage with an addition.
Ted: We aren't doing anything to the garage and if we changed the
entrance we would be within a foot and a half from the property
line.
Jake: What is helpful is if we had a 50 scale map with the
application. We are also interested on how projects effect the
streetscape. The only architectural comment I have is related to
fascia as some is single and some thick.
Clint Watkins: We are matching the facing that exists. There is
a double fascia which you see on some of the addition which is on
the existing part of the house then it turns into a single fascia
as it goes into the gable end. We tried to match.
MOTION: Bruce made the motion that the Overlay Subcommittee
approve the application finding that the application substantially
complies with both general and specific neighborhood character
`~_-- guidelines and we approve the applicants request to exceed a 850
-~ FAR as set forth in the application; second by Roger. All in
favor, motion carries.
MOTION: Jake made the motion to adjourn; second by Roger. All in
favor, motion carries.
Meeting adjourned at 4:40 p.m.
Kathleen J. Strickland, Chief Deputy Clerk