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Home My WebLink Aboutagenda.drac.19980709AGENDA DESIGN REVIEW APPEALS COMMITTEE July 9, 1998 ' 4:30 p.m. Thursday Special Meeting Council Chambers, City Hall 4:30 I. Roll Call II. Minutes III. Comments (Committee, Staff and Public) ~ Cap ~ ~ ~~ cu,u. 4:35 IV.A. Colas Condominium, 341-351 Park Avenue O Volume Standard -glazing 9'- 12' above floor Mo-no~.r ~~~- 2 2 IV.B. Mocklin Subdivision OO Building Orientation -parallel to street ~,~~~o~~ ~' ~, ~~ OO Building Orientation -parallel to street (Lot 6) At'~i' ~`~~~-~~' O Building Orientation -street orientated entrance and street facing principal window (Lot 4) ~~~~~~ D~°~~ ~~ { .-.~ - 5:30 V. Adjourn County of Pitkin State of Colorado ss. AFFIDAVIT OF NOTICE PURSUANT TO ASPEN LAND USE REGULATION SECTION 2652.060 (E~ V ({~ QXrI Yl 4 C ~ ~ ttS ~ N ~ ~r' z=epresenting an Applicant to the City of aspen, pe ovally certify that I have complied with the public notice requirements pursuant to Section 26.52.060 (E) of the :aspen Land Use Regulations in the following manner. 1. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail to all owners of property with three hundred (300) feet of the subject property, as indicated on the attached list, on the _ day of , 199_ (which is _ days prior to the public hearing date of ~. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the day of 4~. , 199 ~(l~Iust be posted for at least ten (10) full days before the hearing date). :~ is attached hereto. C'~~i igned before me this day ,_ ~ ~ ~ _ 199~by f t WITNESS NIY HAND AND OFFICI~IL SEAL ~, My commission expires: `~"t - ~` I v Notary Public's Signature ~OTARI -0-0-0- '0U$ L1~ MY COMMISSION EXPIRES SEPTEMBER 20, 1 X93 Memorandum TO: Design Review Appeal Committee THRU: Stan Clauson, Community Development Director FROM: Julie Ann Woods, Deputy Director DATE: July 9, 1998 ' , RE: Colas Condominiums, 341-351 Park Ave..--Appeal from Design Standazds relating to orthogonal windows and volume standards SUMMARY: The applicant requests a waiver of the Residential Design Standards related to FAR increase due to volume for glazing in the "no window" zone, for the placement ofnon-orthogonal windows between 9' and 15' above the floor plate (Standard 12). APPLICANT: Colas Investments, LLC, represented by Jan Derrington of Charles Cunniffe Architects. LOCATION: 341-351 Park Ave. ZONING: R-6 (PUD) PROJECT REVIEW PROCESS AND STAFF EVALUATION Background: The proposed project is currently under construction and is in the process of being condominiumized. Site Description: The structures aze located adjacent to the Roaring Fork River. Waiver Requested: Standard: "All areas with an exterior expression of a plate height greater than ten (10) feet, shall be counted as two (2) square feet for each one (1) square foot offloor area. Exterior expression shall be defined as facade penetrations between nine (9) and twelve (12) feet above the level of the finished floor, and circular, semi-circular or non-orthogonal fenestration between nine (9) feet and fifteen (1 S) feet above the level of the finished floor. " Staff Evaluation: The Committee may grant an exception to the design standards if the project as proposed is found to meet one of the following criteria: a) yields greater compliance with the goals of the Aspen Area Community Plan: Staff Response: The project does not further any goals of the AACP. '~~'° b) more effectively addresses the issue or problem a given standard or provision responds to; Staff Response: The waiver request does not address this criteria. c) be clearly necessary for reason of fairness related to unusual site specific constraints. Staff Response: The property is located adjacent to the Roazing Fork River, at an elevation lower than the street elevation. It is immediately adjacent to the Bibbig residence to the east and Garnish pazk to the west. The units have been sited to take advantage of the south solar aspect, and to face the river. The non-orthogonal windows are located in the south elevation of Unit 2. The doors for each unit aze 9' tall. The applicant is also proposing non-orthogonal windows above the upper French doors that serve the ADU on the south elevation (please refer to the south elevations of Units 1 and 2). The applicant is also proposing high windows within the 9'-12' area above plate height for Unit 1. Staff does not believe that there are unusual site constraints that should allow these windows "for reasons of fairness." Staff does believe that the location of the site will minimize the impact of the windows, should the committee approve the variance request. Staff does not support the requested vaziances. ~^~~+. Recommendation: Staff recommends that the Design Review Appeal Committee deny the waiver request, and that the FAR be calculated at 2 square feet for the areas in the 9' ° ' to 12' "no window" zone, or that the project be redesigned to conform with the standazd. attachments: Exhibit A--application with drawings e,o~,M~,aam~~~.~~az ~~ r^ ...>- Staff Response: The project does not further any goals of the AACP. b) more effectively addresses the issue or problem a given standard or provision responds to; Staff Response: The waiver request does not address this criteria. c) be clearly necessary for reason of fairness related to unusual site specific constraints. Staff Response: The property is located adjacent to the Roazing Fork River, at an elevation lower than the street elevation. It is immediately adjacent to the Bibbig residence to the east and Garnish pazk to the west. The units have been sited to take advantage of the south solar aspect, and to face the river. The non-orthogonal windows are located in the south elevation of Unit 2. The doors for each unit aze 9' tall. The applicant is also proposing non-orthogonal windows above the upper French doors that serve the ADU on the south elevation (please refer to the south elevations of Units 1 and 2). The applicant is also proposing high windows within the 9'-12' area above plate height for Unit 1. Staff does not believe that there are unusual site constraints that should allow these windows "for reasons of fairness." Staff does believe that the location of the site will minimize the impact of the windows, should the committee approve the variance request. Staff does not support the requested vaziances. Recommendation: Staff recommends that the Design Review Appeal Committee deny the waiver request, and that the FAR be calculated at 2 square feet for the areas in the 9' to 12' "no window" zone, or that the project be redesigned to conform with the standard. attachments: Exhibit A--Original application with drawings Exhibit B--Revised drawings g'./Plannin8/ @m~MUmlu.Eat' June 30, 1998 Mitch Haas Aspen/Pitkin County Community Development 130 South Galena Street Aspen, Colorado 81611 Re: D.R.A.C. Review of the Colas Investments Project 2 Detached Single-Family Residences 341-351 Park Avenue Aspen, Colorado Dear Mitch, PLANNING INTERIORS As you know, we are asking for a variance to the Aspen Residential Design Standards (Ordinance 30) on behalf of the Applicant regarding some high windows in the living room of both residences. The specific regulation, number 12, ostensibly attempts to regulate volume by prohibiting the placement of non-orthogonal windows between 9ft. and 15 ft. above finish floor and prohibiting windows of any sort between 9ft. and 12 ft. The walls of the living rooms in these residences face south, overlooking the Roaring Fork River and are approximately 250 ft. away from the facade of a condominium complex on the other side. The window restriction does nothing to affect to volume of the residences, but does adversely affect the ability to take advantage of the view over the top of the condominiums to Aspen Mountain, as well as passive solar considerations. Since these windows are not near to any other residences or facing a street, we do not believe the regulation is relevant to this project and its application should be waived. In view of the fact that amendments to this regulation are currently being considered, we respectfully request that a variance be granted by the D.R.A.C. and wish to have a hearing at their next meeting on July 9, 1998, to present our case. Thank you for your cooperation in this matter. Sincerely, /~+wH /1 J er Derringt/oNn\,C/AIA P oject Architect enclosures ~XyI~/rA o^ o~ ARCHITECTURE CHARLES CUNNIFFE ARCHITECTS 520 EAST HYMAN SUITE 301 ASPEN, COLORADO 81611 970/925-5590 FAX 970/925-5076 IUN c9 '98 4J2~56FN CHHRLES I,UNNIFFE P, 3/4 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT' Agreement for Payment of City of Aspen Development Application Fces (Please Print Clearly) c:1T7' CF ASPb'N (hereinafter CITY) and ~ (ate! ~ h ~ tlT~-It K ~____ _ !hereinafter APPLICANT) AGRF;fc AS FOLLOWS: ~1 I . .'1PPLICANT has submitted to CITY an application for ~~1C. lr' rVl WJ O ~ a ~d ~ 7~ ._ APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 19915) establishes a fee structure for land use applications and the payment of al] pmcessing fees is a ~,;ondition precedent fo a determination of application completeness. ). APPTICANT and CTTY agree that because of the size, nature or scope of the proposed ±:rojecc, it is not possible at this three to ascertain the fill extent of the costs involved in pmcesin the application. APPLICANT turd CITY further agree that it is in the interest of the parties to allc,vw nPPL.IC`ANT to snake payment of an initial deposit and to thereafter permit additi.onai costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by mtaining ;;renter cash liquidity and will make additional payments upon notification by the CITY when they <ve necessary as costs are incurred. CITY agrees it will be benefited thmngh the greater certainty eti recovering its full costs to process APPLICANT'S application. CITY and APPLICAN f further agree that it is impracticable for CITY staff to complete nmcessing or present sufficient infomtation to the Planning Commission and/or City Council ro enable the Planning Commission and/or City Council to make legally required findings fer prgjec-t approvaE, unless current billings are paid in full prior to decision. ~. Therefore, APPLTCANT agrees that in consideration of the CIT'Y's waiver of its rigttt to ci,Lcct full fees prior to a determinatio of application completeness. APPLICANT shall pay an initial deposit in the amount oi' $ ~Qwhich is for ~_ hours of Planning staff time, aid ii' actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings tc CTTY to reimburse the CITY for the processing of the application mentioned above, including Bost approvsil review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT lurther agrees that failure to pay such accrued costs shall I>e ;*rounds fns suspension of processing. CITY OF .ASPEN APPLICANT ~\ Signature: "w~ ~ _ Stan Clau,9on Date: ~ __._ Commimity Development Director Printed Name: y ~ City of Aspen Mailing Addrps: a,5 N~5 eK~ 9ov~9 Y ATTACIiMENT 1 LAND USE APPLICATION FORM 1. Project name (r aS 11V~STIMZtY1,'~ 2 d~,~-~rl~,ea s •~. re5rcle~w 2. Project location - 'b~" t~.Q PhR~I. A o «ti s . s ~ ~{) (indicate street address, lot and block number or m es and bounds descrip 'on) 3. Present zoning ~"~ ~Q~ID~ 4. Lot size ~ 3, ~ SS 5 F 5. Applicant's name, address and phone number C0~8S ~K~Ct~'~A ~. („L,G 6. STei; 310- and phone number 7. Type of application (check all that apply): _ Conditional Use _ Conceptual SPA _ Conceptual HPC _ Special Review _ Final SPA Final HPC 8040 Greenline _ - Conceptual PUD Minor HPC _ Stream Margin _ _ Final PUD Relocation HPC Subdivision _ _ Text/Map Amend. Historic Landmark _ GMQS allotment _ _ GMQS exemption Demo/Partial Demo View Plane Condominiumization~( Design Review _ LotSplit/Lot Line _ Appeal Committee Adjustment 8. Description of existing uses (number and type of existing structures, approximate sq. ft., number of bedrooms, any previous approvals granted to the property) ~ k 10. gave you completed and attached the following? Attachment 1-Land use application farm Response to Attachment 2 Response to Attachment 3 ATTACHMENT 2 GENERAL SUBMISSION REQUIREMENTS All development applications must include the fallowing information: /1. The applicant's name, address, and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of any representative authorized to act on behalf of the applicant. Z. The street address and legal descripticn of the parcel on which the development is proposed to occur. 3. A disclosure of ownership of the parcel on which the development is proposed to occur, consisting of a current certficate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel; and demonstrating the owners right to apply far the development review. ~. An 8 1/2" x11" vicinity map locating the subject parcel within the City of "" Aspen. ATTACNMENT3 """ SPECIFIC SUBMISSION REQUIREMENTS All appliptions for DRAC review must include the following information: t~1. Neighborhood block plan at 1"=50' (available in the City Engineering Department). Graphically show the front portions of all existing buildings on both sides of the block and their setback from the stree# in feet. Identify parking and front entry for each building and locate any accessory dwelling units along the alley. Indicate whether any portions of the houses immediately adjacent to the subject parcel are one story (only one I'Ning level). ' ~2. Site plan at 1 "=10'. Show ground floors of all buildings on the subject parcel, as proposed. and footprints of adjacent buildings far a distance of 100' from the side prcperty lines. Show topography of the subject site with Z' contours. ~. All. building elevations, roar" and floor plans at 1/8"= 1'0 -5~1oW >4Ut. P~A'fE tIEaE'IiITS f~l ~U,t, >CI,E>/ATis~JS. ~4. A graphic verincation that the project meets or does not meet the 'Primary Mass" standard. '"m./ 5. Photographic panorama. Show elevations of all buildings on both sides or the block, including present condition of the subieC, property. Label photos and mcunt on a presentation board. r6. A written explanation of the requested variance and a discussion of why a variance would be appropriate and would not compromise the intended goals of the "Residential Design Standards.' The applicant may provide any offsetting design features that may mitigate impacts of the variance requested. AI~,SF~ }~Ti+k~t{Mf~IT y. ATTACHMENT 4 DRAC STANDARDS FOR GitANTING A VARIANCE The following standards will be used by the Design Review Appeal Board when granting variances from the "Residential Design Standards." The project as proposed must be found to meet one of the following: a) yield greater compliance with the goals of the Aspen Area Community Plan; or b) more effectively address the issue or problem a_given standard or /'provision responds to; or c) y be clearly necessary far reasons of fairness related to unusual site specific constraints. _ ~~~ ~ wR~~~ ~C~,>~Tioa of wt1Y Tt~ cf~u~-~ YARdk~~s) st~'A 8E C~R#ZT~ 8ks~o oa "~ CRtTERtI~ . hOV /JF~ ' y~ ~~: c~rP: W~o i i'IH liv es i rtty L _4!~.W. .4r r al.c~ N 1~ rg5c»a» r. cow NO~w-a o~ .. • i .x ~ ~ ,- November 2, 1995 Aspen/Pitkin Community Development Dept. 130 S. Galena St. Aspen,. Colorado 81611 R5: Parcai A, Off Park Aveaue at Regeat Street Ta Whom it May Concern: As managing agent and attorney-in-fact for Colas Investments, LLC, c/o Sylvio Tabet, 9718 'Oak Pass Road,~Beverly Hills, CA 90210, Tel. no. (310)205-0406, I hereby authorize t2fe attorney for Colas Investments, LLC, Paul J. Taddune, 323 West Main street, Aspen, Co 81611, Tel.. no. (970)925-9190 and Jan Derrington, Charier Cunnliife Architects, Sao East Hyman, Aspen, CG, Tat. no. (970)920-6825, to act on behalf of Colas Investments, LLC, with regard to development applications pertaining to that property conveyed by General Warranty Deed dated May 2, 1995, and recorded in the real estate records of Pitkin,County May 3, 1995, in Sook 779 at Page 900. Very truly yours, Colas Investments, ~ .a Hy: --~ Sylvio T Managelr, A ent and Attorney-in- feat cc: Sylvio Tabet tnru ~iI a pAG 1 of 12 .- ;;8ii}983 8-779 F'-E ~i1;5/0 ~/9~ Vi9 :47A F'G 1 C ;i f21cC 5ILVIA DRVIS `K'ITKIN COUNTY CLEf2f: R RECOf21SER 1:;.0iii O wQz ~a OF~ r~ U H ~~4~ LL ~ ~ O U ~- a.._i / LJ DOC as 71.00 WARRANTY DRCD 'IFI1S DEED, Madv~lhis 2nd day o[ f995 , bctwcci PETER HEINEI"IAN of the Nlay Comty of Sefferson and stmt of Colorado grantor, and SYLVIO TABET, As Nominee for an Undisclosed Principal avhwelegil address is C/0 Chris Tolk, Reese Henry & Company Inc. 400 East Main Street, Aspen, Colorado 81611 o[ the Couny of Pitkin and sort o[ Colorado grmdcc: Wrl'NfissL171,Thal the graino[for and In considcnnion of the sum aC TEN AND OTHER GOOD AND VALUABLE CONSIDE~. ON---------------------------($10.OU)------------------------------------ Dol.l,nas. the recc(pl and sut[Iciwcy o[ which is hereby uknowledgcd, has granted, bugilned, sold anJ wnvcycJ, and by These presents dots grail, bugiln, aeG, wnvey and wnGrm, unto the grailce, his heirs and assigns forever, all the real property logcnhu with lmprovtmenb, Q any, situate, lying aid being In the County of Pit~CLn and Slafe oC ColOxado dcsccibcd as follows: PARCEL A: A tract of lard situated in the Southwest one-quar'tP-r of the Southeast one-quarter of Section 7 afld the Northest ocye-cnfartes of the Northeast one-quarter of Section 18, all in 'township 10 South, Farlge 84 West of the 6th P.M. being a part of The Nbllie Gibson lode (U.S.M.S. No. 4281 Mended) and part of The Ltaye Pine lode (U.S.M.S. No. 1910), desa'ibed as follrxas: Beginnirr3 at Corms No. 3 of said Nbllie Giba.n Lode: (Continued). u known by street and number u: ppRl( AVpNpg ASPIN CnLIDRADO 81611 1'OGL"T17GR with all and sfugulu the haedilamenls and appurteianca Ihrrdo belonging, or In anywise appertaining, and the mvuslon anJ mverslons, mmalndcr and remiliders, rcnU, Issues and proGU IhercoC, and all the dlalc, right, lhle, Intemsl, claim and demand whatsoever o[ We granor, elthcr In law or equity, of, in and Io the above bugilicd promises, with the hereditamems and appurenances. 1'O IIAVE AND TO 110LD the sild premises above bugilned and described, with-The appurtenances, unto the grantee, his heirs sid usigns fo[cver. ML We grantor, for hlmsclC, hla heir, aid personal mpresentatives, dots covenant, grant, harggiq and agree to and with the g[anlcc, his heirs utd uilgne, That at the lime oC the eiscaling and delivery oC These presents, he is well seized o[ the prcmisca above wnveycd, hm good, sum, perfect, absolute and lide[culble estate o[ Inhuilaice, li hw, li etc simple, and has good fight, full power and lawful wthodly to grant, bugain, soli and convey the same In roamer and form >, aComsild, and Thal the same ue Gen and clear from all former and outer grains, bargahm, salts, Gcns, tuts, ssxuments, cncvmbnnccs aid restrlclions of whatever k(nd o[naturescevcr, caccpl those easements, reservations, beret o and made a part hereof. mtlHDeexceptogeneraldreallestate taxesxfori1995aandched subsequent years which after adjustment and proration as of the day hereof; Grantee .assumes and agrees to pay. T.m gmttor shill and wlll WA[tIiAN'f AND PORBVBIt DG[TND the above-bazgained premises in the yuicl and peaceable possession o[ nhe gonlee, his belts and assigns, against all and every person or persons lawfully clilming the whole or any pad IhcrwC. 'ihe singular number shall Include the plum, nhe plural tlm singular, and nhe use o[ any gender shall be appliabl^. to all gciders. 1N WI'T'NESS WlllliEOl'', the grantor has executed rids decd on the dale set [onh above. i PEPER HEINI7NAN -i G. 7 f~ F ~ .r N ¢ ~ r... N m n v y rr Y 7 m n m a 5 Ln 5 r.,~ r_n _... D SI'Al"L' OP Cpl OQc'D•CJ.... ;, .'nl. CAUnIy Of ~ e Stn-~_ ILe focegoing in91[umenl wss a wledged beforo me Ihi9 br p~~ f+.e ~ n~e._9+~~ ~w..u r• 59. n ~7 -Y~ day o[ ~~~~ My commu9iou cxpi~c9 I,j _ a~ , 19 ~ ~ . Nilncss my hand and o[Gcial scat/. W No. 973A. R<r. 7-N VY°annty lJaed(F°r l7ial°grnphlc Aernrd) 403891 / psis ' EXHIBIT B PAGE 2 OF 12 ' Enter legal descr'' '-ion tt>ence North 38°G.. JO" (c~tinued East, 100.00 feet along Lint ~ 3 of said Mollie Gibson Lade to the most Weste-rly mores of Lot 2, Sunny Park Sulx9ivisicm theme South 43°40 00 East, 114.00 ine of said Ir~t feet along he ~uthwesterly 2; thence South 46°20'00" West, 86.00 feet; thence South 43°40'00" 52°40'00" East, 32.60 34 33 West feet; feet to a point on Tires 3-4 of said Nbllie thence South . , Gibson Lode; thence North 34°17'00" West, 6.86 feet along said Line 3-4 to the intersection with Line 2-3 0£ said Lpne Pule Lod thence North 44°30'00" West, 92.80 e; feet along said Line 2-3 to Corner No. 2 of said L.a9e Pine bode; thence North 45°30'00" East, 16.70 feet along Line 1-2 of said Lane Pine Lode to the intersection with Line 3-4 of said Mollie Gibson Lode; therloe North 34°17'00" West, 28.90 feet along said Line 3-4 to Tile Foint of Beginning and also PAtd:EL S: A load easallent situated in the SouthwESt one-quarter of the Soutt~'+.st me-quarter of Sectican 7 ani the Nort2nv~st or7e--quartzr of the Northeast a-~e-quartex of Sectian 18, all in 'Ibwnsl7iP 10 South, Range 84 West of the 6th and part of Lat 3, 1910 N S , o. . p,M„ hai m apart of Mollie Gibson Tsde, U.S.M. 00 feet in width lying 10.00 feet on each side 20 i . ng Sunny park Subdivision, be of the follckting described centerline; Beginnir~r at a point on the Southa~sterly l ine of said Lot 3 whence Corner No. 3 of said Mollie Gibsaz Lade bears North 71°45'19" West, 298.26 feet; 00 s of 30 di the7xe 28.61 feet alo7x3 the arc of a curve . u to the right having a ra feet; thence 42.00 feet along the arc of a clove to the left havirx3 radius of 140.00 feet; then~x North 66°55'00" West, 57.00 feet; urve f to the right having a radius of 40.00 a c them 16.23 feet along the arc o feet; thence North 93°40'00" West, 32.00 feet to a point on the Southeasterly line of the Barr]cer' P~tY• 38096.5 8-779 P-94~0 tl~/03/95 ©9:47A PG 2 OF 3 L/\i11 V11 V ~ flU i-. J V~ EXI-LLBIT ~~An ATTACS~ TO AMID MADE A PAR'P OF THE WP.RRANPY DEED ,,~..,,. 1. Right of the Proprietor of a Vein or Lade to extract and rerrove his ore thete£mn, " stmrld the same be found to penetrate or intersect tkr_ - pnanises hezeby granted, as reserved in ~~ States Patent reoordecl May 20, 1949, in Boric 175 at Page 169 and in Hook 175 at Page 171. 2. Any and all mining aryl mineral rights as reserved in the Deed from The Lase Pins Mir]ir]g Compare, to Harty W. PbsclYnan aryl Jane E. Posclman reoorrled Novanb2s 10, 1958, in Book 185 at Page 492. 3. Water Agreement between John L. Herron arxl The Royal Land Corpor'ati~ r+ecorrlecl Novanber 20, 1964, in Hook 210 at Page 206. 4. Any rights, interests or easanents in fawr of thecS ~~fe~cist oar are the United States of America, or the general pub claimed to exist in, over, urrler aryl/or actors the waters aryl present and past bed and banks of The R,oari.ng Fork River. 5. Vestee Subject to C.R.S. 38-30-108, 1973, as acnesrled. 380983 B-779 P-9o1 as~o3~9.5 p9~~71~ pG 3 OF 3 ,c Form 1766 "nmmltm ent Foce Poga EXHIBIT B -PAGE 4 OF 12 COMMITMENT FOR TITLE INSURANCE ISSUED BY First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE COMPANY, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of tlTe proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges tl.eretor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and tlTe amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent indorsement. This Commitment ispreliminary to the issuance of such policy or policies of title insurance and all liability and obli- gations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that tlTe failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by. an authorized officer or agent- IN WITNESS WHEREOF, the Company has caused tlTis Commit al'nnta oedancedwith itsa8yd-LawsbTlois Commitment countersigned by an authorized officer or agent of the Company, is effective as of the date shown in Schedule A as ~~Effec[ive Date: x° ~ ~ „I e n c~ ASPEN TITLE CORPORATION 600 East Hopkins Avenue, Suite 305 E '~ Aspen, CO 81611 ~j/~-ol~~' (303) 920-4050 ~~~~~~''~".LL~~ Fax: (303) 920-4052 Agent tor: FirstAmerican Title Insurance Company y n»,,»n~Ytr First American Title Insurance Company :~ • •>, P 0 /r ~ l' II PRESIDENT ••-c~ • ~O •• ~-.a, ~4 6Y I ~I ~~ i •, SEPf[MUER 7.4, ~ \_„~!; y1^~ yT ~ SECRETARY o• •' 19G8 I ATTEST 4/i U,Y\ ~Q t~. Atfrantt fir. ~ COV NTE RSIGNED EXHllil l S - rNUt ~ vi lc .. ._ ~ ~- COMMITMENT ' SCtiEG(1LE A pry.. ` _ ~REtCN1S b. ~ [ARSE ASPEN 514~T FiYMAN AVE ~pIN ~ 81611 ' 403891 -~ per Refe~.'ec~ce NEINFSIAN April 4, 1995 at 7:00 AM 1, Effective Date: DC/dc iumiuit:~ 2, 71LTI- O,,a~'s Policy Propo~d Ii~'ed: PAUL TADUNE, rr_mic:ee for an urrlisclosed prir~ciPal At„rnuit: S g _ ALTI1 Loan Policies gr~posed In-~tt~= gAILROAD SAVII~US BANK, F5B fit: $ pZOposed Insised= 4. The estate or interest in the land described or referred to in this Camdtma't and ooh herein is: FEE SIMPLE and title thereto is at the effective date hereof vested in: PETFS2 HEINFSNIN mer's Premiwn: O~ S i , Lerx]er's prendwn: S ~4' Pdd' 1 Leirle ~ Add 1 Chaz9 $ $ ~ Tax Certificate: T~lorsem~t a'4 ~ $ Charges: TO'pAt, ClII1ItGE5: S issued 1~X• ration ~~ Title Co ~Ue #305 6~ E~Op p 81611 Fax (303) 920-4052 595-8463 (303) 920-4050 Denver' FIRST AMII2ICAN TITLE INSURANCE CGD'~~ .• EXHIBIT 6 -PAGE 6 OF 12 COMMITMENT plat id No. ' . ~g~JULE A (~tinued) Order No. 403891 -C4 the larx3 in tt~ State of to in the ~cmtitrt>e<it is ~verin9 `""'14ie land referredof Pitkin descry as follows: Colorado, Co~°ltY PARCEL A: of the Southeast A tract of land situated in the Southwest one-qu ~~ of the one-qua of Section 7 and the Northwest p~-phi 10 South, Range Northeast one-quarter of Section.l8, all in 'Downs P 6th P.M. being a Part of The Mollie Gib~e~eS.M.S. 84 West of4281 Amecrled) aril Pmt of The Lone Pine (U.S.M.S. No. ~ follUws: No. 1910), de-~ibea Beginning at Corner No. 3 of said Nbllie Gibson71~e2-3 of said Mollie ~~~ ~~ 38°00'00" East, 100.00 feet along Park Gibson Lode to the most Westerly coiner of I,ot 2, Sunny gubdivision; he Southwesterly line .~.~.~ mouth 43°40'00" East, 114.00 feet along of said Lot 2; 'West, 86.00 feet; tlp~ce South 46 20 00' 32.60 feet; tt:ex~ce South 43°40'00" East, int on Line 3-4 of said ~~~ South 52°40'00" West, 34.33 feet to a PO Nbllie Gibson Inde% said Line 3-4 tru the tl~~ce North 34°17'00° West, 6.86 feet along intersection with Lim 2-3 of said ~~ Pinesaid Line 2-3 to Comer therr_e North 44°30'00" West, 92.80 feet along No. 2 of said Lone Pine Lode; Lime 1-2 of said Lone ~~ence.North 45°30'00" East, 16.70 Line 314 of said Nbllie Gibson pthe Lode to the Intersection with mere ~~ 34°17'00" West, 28.90 feet along said Line 3-4 to The point of Beginniix! and also PARCEL B: of the Southeast A road easement situated in the Southwest om_-qu ~~ of the er of Section 7 and the Northwest one-qu one-quart ~~. of Section 18, all in Tv~mshiP 10 Soutr~, Rare bed a part of Mollie Gibson lie, U.S.M.S. Northeast one-qu 20.00 feet 84 West of the 6th P.M., park Subdivision, being abed 140, 1910, and Part of Int 3, Sunnyside of the followirx3 descr in width lying 10.00 feet on each centerline; BeginnincJ at a point:on the Southeasterly line of said Lot 3 wherr_e Comer No. 3 of said Mollie Gibson Lode bears Nom' 71°95'19" West, 298.26 feet of a curve to ~ right having a thence 28.61 feet along the arc j radius of 30.00 feet; (Continued) FIST ~tICAN TITLE INSURANCE ~~ i. EXHIBIT B -PAGE 7 OF 12 . ~~ DESCRIPTION (oo~tinued) Order No. 403891 -~ of a curve to t~ left having radius ~.., tl~ 42.00 feet along tl~e aro of 140.00 feet;° „ West 57.00 feet; ~ the rlgtit having a ther~oe North 66 55 00 of a clove the~,ce 16.23 feet along the arc radius of 40.00 feet; 32.00 feet to a point on the there' North 43 ° 90' 00" West. er ro ~,. , Southeasterly line of the Hanclc P P~ FIST PMGIUCAN TITLE INSURI~NCE ~~~ EXHIBIT B -PAGE 8 OF 12 COMMITMENT Order No- 403891 -~ SCIIIDULE B Section 1 RDQOIRU"~TS TO HE OOhIPLIF-L WITEi: TtIE FOLIAWING I1RE TFIE R~~ raptors or mortgagors of the full Item (a) Payment to or for the account of the g consideration for the estate or interest to be insur'ed• ins-~ynent(s) creating the estate or interest to be insured must be Item (b) ~~ filed for record, ~ wit: execa~ arx7 d~'y for an urrlisclosed 1, Deed frccn PLTER,HGINHZ'1AN ~ PAUL TAGUNE, as naninee pri~iPal. ted by ~~ transfer declaration, ~~ ursuant to fig: Duly exerted real ProP~t~' ~~ Dee<3 ^nsitioned aL°`7e, P the Grantor or Grantee, to acoaT~Pa~~y Article 14 of House Hill No. 1288 - CRA 39-14-102. n~tinee for an undisclosed Principal to the for tt~ use of RAILROAD SAVII~IGS ~~«• FSH ' 2• Deed of TYtiySt fran PAUL TADUNE, public Trustee of Pitlcin County . to secure 5250,000.00 or its duly authorized x920 (~ (of satisfactory to the CcmPanY~~ imposed by prdinance No• 3' t ~ ^real estate try fen t ~i~ of 1990), of_~~y~' °f Aspen, have b~ fully 1979) , and by O arx7 that the Hens imposed issued Pursuant to Colorado have been Pa ificates of Exemptian have ~' satisfied, or (b) that Cert the Provisions thereDf• ~. rA7I'E: Vestee sub~e~ to C.R.S., 38-30-108, 1973, as amend DUE LISTING EAC71 T~I~ JIJRISDICTZON SHALL SE OBTAINID A CEEYPIFICATE OF TT OR ,~~ ~Niy ~~',ASUREI2 S AU'PHORIZID AGEMI' P~O~ FROM ~~ fly 39-1-102 (14.5) AT A CfIARGE OF S10.00 EA~~ `ro TFiC ~-~R• TO 1983 C.R.S., RSII`~'r TIIE C7a1NER5 FX7LICY, WISII~1 ISSUED, WILL CONTAIN ~~~~T'}IE AN1::UN'I'(S) F'OR~1(S), pE20VIDID THAT APPLE PAID~'~T~ ~IPI~IY OR ITS DULL' AUTfIORIZID FOLL(~r1ING EACH ENDORS~r AGENT. 8.1 $30.00• FIRST At~ll~ TITLE INSE ~~ ' ~ EXHIBIT B~ -PAGE 9 OF 12 • y C O M M I T M E N T SCIiEa;LE B Section 2 Order No. 403891 -~ E}SCEP'i'IONS the Policy or Policies to be issued will eositain Pxoc'-Ptions to the follaaing matters u~ess the saw are disposed of to the satisfaction of the Cac~anY' Any loss or damage, including attorney fees, ~' reas°,n of the matters stwwn below: 1, Any facts, rights, interests, Dan lia cwt onhofsaidtlarxl or by ~ngllh~i~ro but which w ssesson~'~reo~ persons in po 2, Easgnents or claims of easen~1ts, mt sl'aan by the Public reccrds. ies, confllcts in boundary limes, shortage in area, errx°acl-unents, and would disclose and whiff are not shrvm by 3 , Discrepant ' any ctrnx facts which a e~rzect survey the Public reoords• 4_ pny lien, or right to a lien for services, labor or material heretofore or hereafter ~~osed by law and not shv~m by the Public records. furnished, if any, crea~te~1, liens, encwnbrantes, adverse claims or otlns matters, _ 5, Def~ts, in the Public records or attac2dn9 sub~res~oftrecordefor~~ue the first apP~~or to the date the proposed insured acriui ...hereof, but p this Cannitment. state or interest or ~r't9age 't1~-reon ca<'e~ ~' e or lien imposed due and payable; arr3 any tax, special assessments, c1~zJ service, or for any other' spe~lai- ~'~ district. 6. •~ Taxes for water or sewer rietor of a Vein or Lode to extract and remove his ore tt~erefran, 7 , Right of the Prof sherd the same be found to p~trate or intersect the pranis~ hereby gr~'~~ as resPSVed in United States Patent recorder 1"~Y 20, 1949, in Hook 175 at Page 169 in Hook 175 at Page 171. Dc~l f~ ~~ Lore Pine and mineral right~asJra~~'~ ~y ~ r~~ed Novaunber' 10, g, Any and all mining W. Poscl~cnan hlinirxJ Cp~~y to Harry . 1958, in Hook 185 at Page 492. Corporation recorded a7. Larxi t between John L. Herron aryl The ~' g, Water Agreemen 1n Hook 210 at Page 206. , Tlove<nber 20, 1964, 10. Any rights, interests or ea ~~sP~lic~which existaor Dare closiin~3 ~S ~' or the g t and Past bed and bai~1{s of The States of America, over, antler and/or across the waters and preSell Roaring Fork River 11. Vestee Subject to C.R.S. 38-30-108, 1973, as a'~xled II (Continues) FIRST AMERICI~N TITLE INSURANCE CC~AN`j • .EXHIBIT B -PAGE lU ui 12 Order No. 403891 -~ g{CSi'ZONS (ocaztinuad) . i •2. ~pny arxi all unredeemed tax Sales. NC7TE: Upon receipt of a Certificate of Taxes Due evidesicin9 t2'at these are rn Pxistirx] open tax sales, the aUove exception will not ,appear on the policies to be issued hereunder. FIRST AMERICAN TITLE INSURANCE ~~ ' EXHIBIT B' -~ PAGE 11 OF 12 DISCLOSURE STATEMENT REQUIRED BY COLORADO REVISED STATUTES §10-11-122 pro~de, a ong wah Batch t t ei ommilmentgissued, at statemelntt d sclosing the following nlormat onompany shall la) That the subject real property may be located in a special taxing district; (b) That a certificate of taxes due listing each taxing jurisdiction may be obtained from the county treasurer or the county treasurer's authorized agent; (cj obtainedrf om the Board o9CountylCommissaoners the Counrty Clerkuand Recorder or the County Assessor." ,~• EXHIBIT B - PAGE I'L OF 1Z tv.JTICE TO PROSPECTIVE BUYEf,_ - OF SINGLE FAMILY RESIDENCES - ~ (PURSUANT TO INSURANCE REGULATION 89-2) ' A, "GAP" PROTECTION When First American Title Insurance Company or its authorized agent, (hereinafter referred to as "Com- pany"), is responsible for recording or filing the legal documents creating the estate or interest to be insured in a single family residence and for disbursing funds necessary to complete the transaction, the Company sha ear in be responsible for any deeds, mortgages, lis-pendens, liens pr other title encumbrances which first app the publrovideddthe follow nenconditi ns arte satD'~sfied pnorCo he'Company's d~sbursemefnl of the funds: the Policy, p g 1. Properly executed documents creating the estate or interest are in the possession of the Company. 2. A fully executed Affidavit and Indemnity form signed by the seller and satisfactory to the Com- pany is in the possession df the Company. No Coverage will be afforded against deeds, mortgages, lis-pendens, liens or other title encumbrances ac- tually known to the proposed insured prior to or at the time of recordation of the documents. __ .Public Records as used herein means those s pendens,tliens oe otherdtitle eocumbratncesolo purohasess or imparting constructive notice of deeds, mortgages, value and without knowledge. g. MECHANICS' LIEN PROTECTION If you are a buyer of a single family residence, you may req eestagainst9our9 ome,loss because of unrecorded claims asserted by construction, labor or material supp If no construction, improvements or major repairs have been undertaken on the property to be purchased within six months Prior to the Daoter ate premium land the execution by thetse ter olf an Affidavit and Indemnity (lens will be payment of the app P form satisfactory to the Company. --- - -- -- -tf-there have been construction, improvements or major repairs undertaken on the property to be pur- unrecorded fens will nclude: d sclosurehof certain conslrucot on infoemation; financ al informa~ionbaslto he selleer, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity Agreements satis- factory to the Company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which you have contracted or agreed to pay. OFTTHEGCOVERAGES REIFERRED TOEHEREIN UNLESS ITHEEABOVEOCOND TIONSRARE FULLY SATISFIED. r.-~ ICammllmenl Nollce) EXHIBIT C ^` '° PAGE 1 OF 2 ~ •~~bd ~ _ y /[L' _. ~ 1 _ ".. ! a ~ ~_ 1 ~ r ~~ \~ ~ ~ ~ ~ o I~ n p1 1 ~ f i I ~ q ' 4. ~ 1 ~ ~ ~ ~~ ~ ~ N AVE. ~ ~. 0 1 ~ ~ N ~ m ~ f 3 ~_ a M\O~P O n ~ ~- ~' ~.: P ~ ~ ~ ~. ~ ~ _ ~'~~ _ 4''~~~ „ a SRI " ~ .. ' ~~ ~~ Z ~ yE. ~f/ yd ~ P~ - ~ U ~ A . ~", o i. ~~VERS1~E. P ~ ~ 0.. ~` w ~ Y.. ( ~ ,~ a ~ ~~\~ ~ ~ .~ pP~ Gam'. ~~. .G.~', ~ ~ ~) i r , " J JCL. ~ f ~~ ~ ~ M Suf.: y - . _ _-' ~ ~~r ~ ~ ;_ .... -_ _ i , ~~ ~ ~ ~. - - ~ ~ ~ T `~ ~ ~ . _ 1 9 `~ ~ N ~ o i pw ~N ,/, qtr/ u _~ :.. a. N 2 ti Z ~ u. [ t e_~ W 1 ~3~ru' N E A L o ~ ;fit ~ `~, (wJ.~~' .~, psi I '" a v ~ •'', ~ PARCEL A ~ B ZONING MAP o Vlc~~~r~ MhP w ~. i ~~~= ~~ ~~ ~ ~ ~~ _o ® ~. ~ ~.~ L o, 00 0 c rn J O d 1 ` -.l c \ ~o ~ f // ^^ a~ ~ ' m a~ ~/1~~q '~ o V N N L iel C "~ ~ ~ ~ W ~ 3 ~ ~ ~~'J 0 r ~ -V O T f0 W w ~n !_ ~1C `, (4je~ ;~ ~t ~ iv :i~' 1111 # a E 2620,500 ~~ ~ _.___ K W ~., ~ ~ _` ~~ , ~, ~ ~ e ~ _' '_ ~ ~- '~~pp '-__ _.__. -~ _. ~. _..._ 'Tr4.` ..... _. _ . ei~ ~ __. i ~.,\ ~____ ~. 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'g IG JL 0 S ~~ YID ~ - o p ~o-g I ~z i ~ ~~ i b __ __ _..__ --i I r--,~ -~ I ~---~ I II L _ JJ i I i', I`I ._ V I I I I'i~i ~! I ~ i ~ ~ ~, ~-. ~~Illi 'i ~ ICI ~'~If, t. -- ;<<~i ~ I I i I ~ _ ~\ ``'II II~i~ --- m ~'~~~f ~~~Uu, I~'~~1i, --- -- - it I ~ ~ ~I ~ I ,~I> I ~ ;I '~ ~ ~,~ i, il~l~~ - ,~' ~II~'~~~ i -~ I~'~ ~ I ~ , I I !, I ~~', I~'llll l llllil~d~ii 1 -- ---------- --- ~~ ---~ V ~ V IQ ~, 1118 O ol ~Z ; ~ ~ ~ , ~ ~ ~~ c 0o a ~z S g~}} W R '~. ~ ~ = a V C Q ~~ ~~ S $~ Z ~$ U x~ ~~ ~ p~p~ 3 v e~ ~ O y ~~ >o Z <U ~ Y ~ W ~ as O v County of Pitkin } } ss. State of Colorado } AFFIDAVIT OF NOTICE PURSUANT TO ASPEN LAND USE REGULATION SECTION 2652.060 (E) I ~ being or representing an Applicant to the ity of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.52.060 (E) of the Aspen Land Use Regulations in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail to all owners of property with three hundred (300) feet of the subject property, as indicated on the attached list, on the _ day of , 199_ (which is _ days prior to the public hearing date of ). 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the neazest public way) and that the said sign was posted and visible continuously from the 3 a day of ~&! N 6 , 199 (Must be posted for at least ten (10) full days before the hearing date). A photograph o~-t(te posted sign is attached hereto. J r~t~~ o Si ature (Attach photograph here) Signed before me this Q"~, day ~,, d~_,199$by WIT'VESS MY HAND AND OFFICIAL SEAL My commission expires: MII Commission expires ----~ c~, 3'z ---- tary Public ~ n ~ Notary Public's Signature ~.~, e~ ,* fir . M,' ~ ~~~%x ~. .. ~• -ae'R!f :. MEMORANDUM TO: The Design Review Appeal Committee THRU: Stan Clawson, Community Development Director Julie Ann Woods, Community Development Deputy Director FROM: Mitch Haas, Planner RE: Mocklin Subdivision requests for Variances to the "Building Orientation" (Section 26.58.040(A)(1) and (2)) provisions of the Residential Design Standards DATE: July 9, 1998 SUMMARY: Pursuant to Chapter 26.58, Residential Design Standards, Section 26.58.020(B), of the Aspen Municipal Code, "an applicant shall prepare an application for review and approval by staff. In order to proceed with additional land use reviews or obtain a Development Order, staff shall find the submitted development application consistent with the Residential Design Guidelines." This Section goes on to state that "if an application is found to be inconsistent with any item of the Residential Design Guidelines the applicant may either amend the application or appeal staff's frndings to the Design Review Appeal Board (DRACJ pursuant to Chapter 26.22, Design Review Appeal Board. " Community Development Department staff reviewed the application for compliance with the "Residential Design Standards," (see Exhibit A). In staff's review, it was determined that the proposed designs violate, among other things, the "Building Orientation" standards. Thus, the applicant is requesting variances from the "Building Orientation" standards (described below) in order to allow for approval of the architectural designs as proposed. See Exhibit A, letter from Graeme Means requesting variances from the requirements of Ordinance 30. The structures would appear to need multiple variances from multiple standards; however, at this time, the applicant is requesting variances from the various parts of the "Building Orientation" standard only. Pursuant to Section 26.22.010 of the code, an appeal for exemption from the Residential Design Standards may be granted if the exception would: (1) yield greater compliance with the Aspen Area Community Plan; (2) more effectively address the issue or problem a given standard or provision responds to; or, (3) be clearly necessary for reasons of fairness related to unusual site specific constraints. APPLICANT: Creekside Custom Homes, represented by Graeme Means. LOCATION: Adjacent to (at) the intersection of Gibson Avenue and Lone Pine Road. .: STAFF COMMENTS: Variance Requect # I Section 26.58.040(A)(1), Building Orientation The "Building Elements" standard mandates that "the orientation of the principal mass of all buildings must be parallel to the streets they face... On curvilinear streets, the principal mass of all buildings must be tangent to the midpoint of the arc. " According to the pending revisions to the Residential Design Standards, the intent of the "Building Orientation" standard "is to encourage residential buildings that address the street in a manner which creates a consistent facade line' and defines the public and semi public realms. " The above described intent of the "Building Orientation" provision explains the issue or problem to which the standard is a response. Since the proposed design does not yield greater compliance with the Aspen Area Community Plan, if the requested variance is to be justified, it would need to be on the grounds that the proposed design is necessary for reasons of fairness related to unusual site specific constraints, or that the proposed design more effectively addresses the street in a manner which creates a consistent facade line and defines the public and semi-public realms than would a design in accord with the exact letter of the standard. ~' The applicant is requesting a variance from the. requirement that the orientation of the principal mass of all buildings must be parallel to the streets they face, and that on curvilinear streets, the principal mass of all buildings must be tangent to the midpoint of the arc. The requested variance would apply to Lots 1, 2, 4, 5, and 6 as shown on the submitted plat and "land plan." (See Subdivision Plat and Land Plans.) When the Mocklin Subdivision went through full subdivision review, it was approved with designated building envelopes on each lot (see Subdivision Plat and Land Plans). The approved access road is somewhat curvilinear, but on no lot is the approved building envelope oriented in a manner that would permit or make practical compliance with the "Building Orientation" standard. Given these envelopes, strict compliance with the language of the standard would require compromising its intent. That is, designing the structures such that the facade lines would be completely parallel to the street it faces (or tangent to the midpoint of the arc), would mean that a consistent facade line would not exist and the clarity between the public and semi-public realms would be obscured (skewed). Staff believes the existing, approved building envelopes present a site specific constraint which make the variances necessary for reasons of fairness. Variance Req~lest # 2: The Building Orientation standard also states that "On corner lots, both street facing facades of the principal mass must be parallel to the road." The applicant is requesting a variance from this provision as it would apply to Lot 6, in particular. Given the shape and orientation .~ of Lot 6's designated building envelope, strict application of this standard would mandate 2 that the north and east facades of the building be at rather arbitrary, non-rectalinear angles to each other. The northerly limit of the building envelope runs at almost perfect easUwest orientation, while the easterly limit of the same envelope runs at a northwest/southeast orientation; the easterly limit runs parallel to Lone Pine Road but not to the internal access road. Forcing both facades to run parallel to the street on each side would be unfair and would not serve to uphold the intent of the standard. Thus, staff feels the requested variance is necessary for reasons of fairness related to unusual site specific constraints, namely the orientation of the designated building envelope relative to the two adjacent streets. This is not a ninety (90) degree corner like those found in the West End and envisioned when this standard was written. Variance Request #3: Part 2 of the Building Orientation standard states that "All single family homes ...must have a street-oriented entrance and a streetfacing principal window." The standard goes on to explain that "a street facing principal window requires that a significant window or group of windows of a living room, dining room or family room face the street." The applicant is requesting a variance from this provision as it would apply to Lot 4 only. The "significant window" (as shown on the north elevation for Lot 4) would be in a "mini-master bedroom/study" instead of a living room, dining room or family room --- in a private room instead of a common shared room. This requested variance does not, in staff's opinion, satisfy any of the three standards by which variances may be granted. Allowing the mini-master bedroom/study to qualify as an acceptable place for the principal window would in no way yield greater compliance with the Aspen Area Community Plan. The intent of the standard is to ensure that each residential building has street-facing architectural details and elements which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions. The issue/problem that the standard responds to relates to the abandoned appearance of houses and neighborhoods, even when people are inside, due to the fact than the living/shared rooms do not front on the street. By placing the principal window in a room that is essentially a bedroom/study, this issue/problem would not be more effectively addressed than it would be if the principal window were located in the living room, kitchen, dining room or family room. Finally, there are no site specific constraints that would dictate the mini-master bedroom/study as the only place a window can be located or even that the mini-master bedroom/study need to be located on the north side of the building. The fact that the best opportunity to capture views leads to a desire to place all of the shared/common rooms along the south and east elevations is not a constaint at all; rather, having an opportunity to capture views is an asset. A living or family room can be designed/configured to capture these views while still extending to the north facade and having a principal window on the north elevation. Staff recommends denial of this variance request. RECOMMENDATION: Staff recommends that the DRAC approve Variance Request #1, as described in this memo, finding that there are unusual site specific constraints on Lots 1, 2, 4, 5, and 6. Staff also recommends approval of Variance Request #2, as described in this memo, finding that the requested variance is necessary for reasons of fairness related to 3 r unusual site specific constraints, namely the orientation of the designated building envelope '"-"" relative to the two adjacent streets. Lastly, staff recommends denial of Variance Request # , ,; 3, as described in this memo, since none of the three standards by which variances may be granted are met. RECOMMENDED MOTIONS: "I move to approve Variance Request #I and #2 as described in the staff memo dated July 9, 1998, both based on a finding that the requested variances are necessary for reasons of fairness related to unusual site specific constraints. I also move to deny Variance Request #3 as described in the staff memo dated July 9, 1998 based on a finding that none of the three standards by which variances may be granted are met." ATTACHMENTS: Exhibit "A" -Submitted application package wry 4 1. Project name_ 2. Project location ATTACHMENT1 LAND USE APPL1CATiON FORM tlGIZL (indicate street address, lot and block number or metes and bounds description) 3. Present zoning R ~ 5 -~ . 4. Lot size _J $' S'SS - ~S 7~ ~ }`'t' ~' 5. Applicant's name, address and phone number Cnrta.resiorL Cwsrc~ I~oMtcs 6. Representative's name, address, and phone number C~Rati-K2 1~'I,ao-.a~y zoo So, S/~L/LNA. I\-sA¢~.c 42S -5( ^ VtiaN A~-ss. ~.3o s. lfoptc~vs , V~~ar~ 4~s'-~45F3 7. Type of appiication (check al! that aopry): Conditional Use _ Conceptual SPA _ Conceptual HPC _ Special Review _ Final SF.4 Final HFC 8040 Greeniine _ _ Conceptual PUD Minor HPC _ Stream Margin _ _ Final PI;D Relocation HPC Subdivision _ _ Text/Map ;,mend. Historic Landmark GMQS allotment _ _ GMGS exemption Demo/Partial Demo Uew Plane _ Condominiumization~ Design Review Lot Split/Lct Line Appeal Committee Acjustment 8. Description of existing uses (number and type of existing structures. approximate sq. `t., number of bedrooms, any previous approvals granted to the nrn n.-..h,1 T.. ._ ... _ _ _ _L,ot-S lU -f'6L3 1'blvGtcL~~.! ~u Dly__(_slOt~ - 9A. Description of development application_~~Lnt,~y.~ V"ll2ni,t-t- 10. Have you completed and attached the following? Attachment i-Land use appiication form ~C Response to Attachment 2 ~ Response <c Attachment 3 C R E E K S T O N E ` Monday, June 29, 1998 Design Review Appea[ Committee C/O Community bevelopment Department City of Aspen 130 South Galena Aspen, Colorado 81611 Re: General Subdivision Requirements -Variance Application for Mocklin Subdivision Deaz Gemlemen: Creekstone Aspen, LLC hereby submits the following "General Submission" information in connection with its application to the City of Aspen Design Review appeal Committee for certain variances relating to Las 1, 2, 4, 5, and 6, Moeklin Subdivision (the "Subject Property"). I. The application is submitted by Creeks[one Aspen, LLC (the "Applicam'~, which entity is under comma to purchase the subject property from Peter and Monica Mocklin. Written permission from the Mocklins for Creekstone to submit the Application is attached hereto as Exhibit A the Applicam's name, address, and telephone number are as follows: Creekstone Aspen, LLC 4545 Post Oak Place, Suite 100 Houston, Texas 77027 Phone: (713)621-5300 2. The acmes, addresses and telephone numbers ofthe representatives authorized to act on behalf ofthe Applicam in this matttr are as follows: Graeme Means, Architect 210 South Galena Aspen, Colorado 81611 Phone: (970) 925-9150 Sunny Vann Vann Associates, LLC 230 East Hopkins Avenue Aspen, Colorado 81611 Phone: (970) 925-b958 Creexgione BuilEe. rg, in<. 1545 Posr Uok Place * Suite 130 lluuston, Texas 17027 del 7)3 6:1 SSnO > ras 713 621 8p7g 3, The legal description of the Subject Property is as follows: Lois 1, 2, 4, 5, and 6, Mocklin Subdivision, according to the Plaz thereof recorded June I4, 1996 in Plat Book 39 az Page 92. 4. The title insurance commitmem attached hereto as Exhibit B confirms the currezn ownership of the Subject Property in Peter and Monica Mocklin, and further wnfirms that there are no mortgages, judgments, or other monetary liens that burden the Subject Property. Should you have any questions or need additional information, please call. Sincerely, CREEKS' PEN,LLC Stephen D. Keller ..'UN-~4-9e 17 ~ cS ccUM ~ HU LL:.N D&H:.R Z EXHIBI? A June 29, 1998 HAND DELIVERED Design Review Appeal Committee c/o Cottununiry Dcvclopment Department 130 South CrdIena Strcet Aspen, CO 81611 :v 57~Z5a553o7 _ _ _ P4::E 5/1W Re: Variance Application for Mocklin Subdivision Ladies and Gentlemen: Please coasidcr this letter authorization for Creekstone Aspen, LLC, to submit an application for certain variances for Lots 1, 2, 4, 5 and 6 of the Mocklin Subdivision. As the prospective purchaser of the property, Creekstone and their representatives are authorized to act on our behalf with respect to all matters reasonably penaining to the aforementioned application. ASYEN:0033795.01 JUN-24-96 17=06 FROM.HOLLANDBHART ID=9709259367 PAGE 6/10 M EXHIBIT B co~TT~rrrsc~vr~ nvs[n~xcE 1. Effective Date: 06/02/98 at 08:30 A.M. 2. Policy or policies to be issued: Case No. PGT12355P (a) ALTA Owner's Policy-Form 1992 Amouat$ TBD Proposed Insured: Preau'~S TO BE DETERMINED Rate: (bI ALTA Loan Policy-Form 1992 Amounts Proposed Insured: ~~~ Rate: 3. Title to the FPE SIMPLE estate or interest is the land described or referred to in this Commitment is at the effective date hereof vested ia: PETER MOCKI,IN and MONICA MOCRLIN 4- The land referred to in this Commitment is situated in the County of PITICIN, State of COLORADO and is described as follows: LOTS i, 2, 4, 5, AND 6, MOCRLIN SIIBDIVISION, according to the Piat thereof, recorded sane 14, 1996 is Plat Book 39 at Page 92. PSTKIN COIINIY TITLE, INC. Schedule A-PG_1 601 E. HOPRINS This Commitment is invalid ASPEN. CO. 81611 unless the Tnsur' 970-325-1766 Provisions and S hedulea 970-925-6527 FAX A and B are attached_ AOTHORIZED AGENT __ _ ____ JUN-24-98 17:07 FROM:HOLLAND8HARi ID:9709259367 PACE 7/10 pli - X13 The Following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITS (b} Proper instrument(s) creating the estate or interest to be insured moat be executed and duly filed For record to-wit= 1. Deed from PETER MOCKI,IN and MONICA M. MOCTQ,IN To TO HS DETERMINEp 2. Evidence satisfactory to the Company that the Real Estate Traaefer Tax as established by ordinance No. 20 (Series of 1979} and o;di~ace No_ 13 (Series of 1990) has been paid or exempted. 3. Certificate of nonfozeiga status executed by the transferor(s). (This instrument is not required to be recorded) 4. Completion of Fozm DR 1079 regarding the witholding of Colorado Tag on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) 5. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by g,H, 1288 has been complied with. (This instrument is not zequired to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) JUN-24-99 17:07 FR0M:H0LLAND8HAR 7 ID=9709'159367 PAGE B/10 Fff Sf~DIIyy 8 S~ZOlJ 2 PSCBFTIOlTS The policy or policies to be issued will contain exceptions to the foilowinq lmless the same are disposed oP to the satisfaction of the Company: 1- ~9hts or claims of parties is poaaessiaa not ahova by the public rernrds_ 2. 8aaemapta, or claims of easements, not shave by the public records. 3. Diacrepaneiea, conflicts is boundary lines, shortage is area, enexnachmeate, nay facts rmicA a correct survey ~d ;^ section of the premises weld disclose sad ankh are not sho~m by the public records. a• Any lien, oz right to a lien, far services, labor, or material heretofore or 5. Defects~li~ ern i~O®ed by lea and not shoaa by the public records_ created, tirat ~mbrances, adverse claims or other matttrs, if ate., appearing in the public records or attaching $++bse4aeat to the effective date hereof but prior to the date the proppsed insured aem,,,-ve of record for value the estate or in*...sat or this Comlitmeat_ mort4age ~~ covered by 6. Tares due sad payable; sad nay tax, special assessment for eater ar sever service or for ~5e or lien imposed anY other special taxing district. ~- Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premr°Qg hereby granted as reserved is IIni.ted Staten Patent recorded December 24, 1902 in gook 55 at Page 116. 8. Terms, conditions, provisions and obligations as set forth in Agreement, recorded November 18, 1966 in Book 224 at Page 220. 9. Terms, conditions, provisions, obligations sad all matters as set forth in Ordinance No. 72, Series of 1992 by the City Council of the City of Aspen, recorded December 9, 1993 is Book 734 at Page 429. 10. Terms, conditions, provisions; obligations sad all matters as set forth in Resolution of the the city council of the City of Aspen recorded March 24, 1995 in Book 777 at Page 114 as Resolution No. 8. 11. Terms, conditions, provisions, obligations and ail matters as set forth in Ordinance No. 35, Series of 1995 by the ~peA City Council recorded October 30, 1995 in Book 798 at Page 44 sad recorded December 20, 1995 in gook s02 at Page 765• lz. Terms, conditions, provisions, obligations and all matters as set forth in Subdivision Agreement recorded June 14, 1996 as Reception No. 393680. 13. Easements, rights of way and all matters as disclosed oa Mocklin Property Rezoning Map of subject property recorded December 9, 1993 in Plat Book 33 at Page 39. 14. Easements, rights of way and all matters as disclosed on Mockli_n subdivision Plat of subject property recorded June 19, 1996 in plat Book 39 at Page 92. (Contlaued) JUN-24-99 17=09 FROH=HOLLANDSHART ID=9709259367 PACE 9/10 FVT This coslmli.tmant is iaval-id unless Schedule B-Section 2 the Insuring Prwisians and Schedules A and B are attached. COmm].tmenC No. PCT12355P JLIN-24-98 17:08 FROM=HOLLAND&HAR7 ID=9709259367 PACE 10/10 FYT ADDITIO1p1I/ mpg dlID DISCLOgpQgg The Owaer~s policy to be issued, if any shall contain the following items in addition to the ones set forth above, (1) The Deed of Trust, if any, required under Schedule 8-Section 1. (2) water rights, claims or title to eater. (NOTE; TSIS EXCEPTION WILL APPEAR ON TFiE p~yt.s AMID MORTC,FiGB POLICY TO SE ISSUED HERE~QDER) Pursuant to insurance Regulatiott 89-2; NOTE. Each title entity shall notify in writing every prospective insured in as owners title inatirance policy for a single family residence (including a condominim or townhouse unit) (i) of that title eatity~s general requirements far the deletion of an exception or exclusion to coverage ,relating to uafiled mechanics or materialmeas liens, except when said coverage or ;„cam-anne iy extended to the insured tinder the terms of the policy,. A satisfactory affidavit and agreement indemnifying the Cvmpaay against unfiled mechanics and/or Materialmea~s Liens executed by the persons indicated in the attached copy of said affidavit must be furniabed to the Company, Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner s policy when issued. Please contact the Company for further information. Notwithstanding the f contained in this paragraph shall be deemed to o~~~ nothing requirement upon nay title insurer to mpose nay materialmens lien coverage. prot:ide mechanscs or NOT&; Zf the Company conducts the owners or loan closing under circumstances where it is reaponsible for the recording or fa-Iiag of legal documents fzvm said transaction, the Company will be deemed to have provided •Gap Coverages. Pursuant to Senate Hill 91-14 (CRS 10-11-i22); fa) The Subject Real Property may be ideated in a Special Taxing District; ib) A Certificate of Taxes Due listing each taxing jurisdiction ~Y be obtained form the County treasurer of the County Treasurer~a Authorized Agent; (c) information regarding special Districts and the boundaries of such districts may be obtained from the Hoard o£ County Cammissioaers, Che County Clerk and Recorder, or the Cotmty Assessor. NOTS_ A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the coa®aay prior to the issuance of the Title Policy anticipated by this Colmnitment. This commitment is invalid unless the Insuring Provisions and Schedules Schedule B-Section 2 A and H are attached. Commitment No. PCT12355P ~- ~F.. THE ~I`~TI-I PPI~ ~'~~TP ~L ~~IERIDI _a~ / ~oR ~ L i q~ `` A3PCN ~~IN3Tf-',,r] "V°,1'a ,I~ o 't G4' n ~ ~ ice. J ~ v t ~ n ~ -~. P' / D A3PGfi ~ ~ r.u~~ ~ ~ I SL f MU31C C '-"~ ~ _ ~ ~~ ~!3TNAL \ f. [7 f ~o ,Y i I=- ~ m ~ ! K ~ a ,1 ~• /----~ ~ i j ~, K \ r rn in rn SCALE. ?' ?OCC' f F. I r CITY 01' ASPEN 37 s- AsacN MOUNTAIN SKI AREA PROPERTY DESCRIPTION LOTS 1-7, MOCKLIN SUBDIY:SION ACCORDING TO THE FINAL PLAT RECORDED JUNE 14, 1996 IN PLAT BOOR AT PACE 92-98 RECEPTION N0. 393681 OF THE PITKIN COUNTY RECORDS our CITY OF ASPEN COUNTY OF PITKIN STATE OF COLORADO ~' ~-, I, I I L, i -: ~ 9 s ~~ ~ __: _ _~ 1~ ' _ ,_; , I~ '. i ~ , -r~- - - ~ ~ _ i -~ ter, ~ ~ ~'~- r_ ~ L ~ ~ ~ ~ -. .. __ -~ - F~ : - 1 _`- r' ( r __ ~~ i !~ j - - -l_ - ~_-_ _~, U ~_, - ~' ... ~~ I _ , - i __i ' ~ ~ - ~ ' - I! ~ - - I - `~ - _ ~i i _- I _ _ _ Ir_-_ ~:' _ -.- -i - - ;~ ~ FI-~ li ~~ ~I ~ -~ ij~ i 'I = _ ' _ ~ ~ J - ~ _ ,~ _ ~ ~__ _ i ~ I ~ ^ J ' i I ~ ~ i { _ _ ~ i _' _ J _ ~\ III ~ - ~ - ~ r _. rc _ ~ \~1 k' ~~ I ~ ~~ \ i• ~, G ~ '. ~ ~ ~ J ~ I I ' \\I 5 _ I I gy. s ~ r ~ t ~ a i S ~~ ~ ~ n ~~ i a ~~ • ~~ ;! i1 j. j it ~' t ~!~ ~. ~~a, ~ i~j ~~', W' ' 1. wE I G 'il~ P VARIANCE REQUEST Grame Means, Architect 210 South Galena Street Aspen, Colorado 81611 (970) 925-9150 • (970) 925-3736 Lots #1, 2, 4, 5, 6 Mocklin Subdivision Aspen, Colorado June 29, 1998 The requested variances are three in number and concern the Building Orientation section of the Residential Design Standazds (Chapter 26.58 of the Aspen City Code). The specific sections of relevance are 26.58.040 A-1 and 26.58.040 A-2(b). Variance Request #1: Lots #1, 2, 4, 5, 6 Section A-1 requires that the fapade of a building on a curvilineaz street shall be tangent to the midpoint of the arc of that street. The requested variance would allow the facades of the proposed residences to be parallel to the building envelope lines which front that street. We believe that the requested variance would be appropriate to the intended purpose of the Residential Design Standards for the following reasons: 1. A stated purpose of the Residential Design Standards is to preserve the established neighborhood scale and character of Aspen. The predominantly rectilinear nature of the existing City of Aspen has resulted in houses that address the street with their principal facades parallel to the street and thus pazallel to each other. This is a very strong and distinctive pattern which distinguishes neighborhood chazacter. Due to the curving nature of the Mocklin Subdivision access road, strict interpretation of the requirement that houses face tangent to the arc of the street would result in all six residences of this subdivision to be at different angles to each other and to the street. This would be completely contrary to the existing established pattern of Aspen neighborhoods. 2. All of the street facing building envelope lines of Lots 1, 2, 4, 5 and 6 aze parallel to each other or perpendicular to each other, and also pazallel or perpendicular to the only straight portion of the street. Therefore, it seems logical to assume that the intention of the subdivision process was that these houses relate to one another and to the principal direction of the street in a manner that is consistent with the predominate pattern historically developed throughout Aspen. 3. All of the street facing building envelope lines of Lots #1, 2, 4, 5 and 6 are parallel or perpendicular to the existing main facade of the Mocklin Apartment Building; thus, the only existing building in the immediate neighborhood (and directly across the street from the lots in question) has set the precedent for this subdivision. Neglecting to recognize this would weaken the contextual fabric of the subdivision. 4. As defined through the subdivision process, the designated building envelopes respond to many different forces (i.e., topography, lot size and shape, access, adjacent building envelopes, etc.) This has resulted in building envelopes which aze, predominately, oddly shaped and very tight, thus imposing severe limitations on architectural design. Strict interpretation of A-1 would require that the fagades be oriented in complete disregard to all envelope lines. This condition would result in extreme hazdship in designing houses that would respond to the rectilinear Aspen context. In summation, we submit that the granting of this variance would serve to reinforce the existing rectilineaz aspect of Aspen development, honor the intentions of the subdivision process, respect the integrity of the existing neighborhood building, and serve to greatly facilitate the ability to design buildings which are consistent with the chazacter of Aspen. For these reasons, we strongly feel that all three of the DRAC standards for granting this variance have been fully met. Variance Request #2: Lot #6 Section A-1 states that "The orientation of the principal mass of all buildings must be pazallel to the streets they face. On corner lots. both street facing facades of the princinal mass must be parallel to the road." The requested variance assumes that Variance Request #I is granted, and would allow elements of the east fagade of the building on Lot #6 to be perpendiculaz and parallel to the front facade in a stepped fashion. (Please see site plan of Lot #6.) The reason that we request this vaziance is that strict application of this requirement would mandate that the north and east fagades of the building would be at arbitrary and non-rectilinear angles to each other. This result would be indirect conflict with the established rectilineaz nature of typical Aspen development. The design problem of placing traditional roof shapes consistent with Aspen chazacter on a building plan with skewed walls would be particulazly difficult. In summation, we feel that the granting of this variance would create a facade along Lone Pine Road that would be much more pleasing to the eye and much more consistent with established Aspen azchitecture. As a result, we feel that, once again, all three DRAC standards for granting a variance have been met. -2- Variance Request #3: Lot #4 Section A-2(b) requires that a significant window of a "living room, dining room, or family room" face the street. The requested variance would allow the "significant window" (as shown on the north fagade of Lot #4) to be in amini-master bedroom study instead of a "living room, dining room, or family room." We submit that the granting of this variance would in no way compromise the intent of the Residential Design Guidelines for the following reasons: The observer on the street has absolutely no way of knowing the use of the space behind the significant window. In fact, the window as designed is very typical of Aspen living spaces and its proximity to the main entrance reinforces the impression of it as a living space. 2. When one considers how amini-master bedroom or a study are actually used, it is appazent that they often function almost identically to a living or family room. Their large size compazed to a conventional bedroom ensures that, in addition to a bed, the room will contain another furniture arrangement specifically for sitting, talking, etc. The window nook portion of this particulaz room is in fact specifically designed for such a furniture arrangement. Thus, we feel that this proposal fully complies with the intent of the requirement. 3. The particular conditions of this site make it illogical to place these lazge, more public azeas on this side (the north side) of the building. Firstly, these important areas are generally placed on the sunny side of the building when possible. Secondly, consider that this lot is blessed with absolutely spectacular views towazds Aspen Mountain to the south. To the north, one sees the street and the existing Mocklin Apartment Building. Few designers or homeowners would choose to place these important spaces to the north. Furthermore, consider that access to Lot #4 requires that the entry, mud room and gazage space all be located on the north side. This leaves very little room on this side for these larger living areas. [n summation, we feel that the granting of this variance will have absolutely no impact on the street- scape, complies with the intention of the requirement, and eliminates an unfair and unnecessary condition on placement of ihterior space. Thus, we feel that Condition C of the DRAC Standards for granting a variance has been met. -3- -:~ ': ^ NQ W w a R, U z a a ~_ Cx7 x rF W E'~ W W W ~ ~a Q' ~ U ~ ~ 00 ~-~1 ~~ `~ r1 Qi f~ ~ ~ z_ ~x ~~ ~ G. ~J O F-~ ~ F HH ~ ~ ~ ~' z 0 FW., d ~e ~~ do ~,. U7 U W x h 0 w x E z Q w F Q zzQ r.7 O F U d F m ~ i E`s ~~ ~ ~~~.: ~. y= 'C ~` ~ ~Y/ 9 ~^ ~y~ ~ ~J'~ l~ 'sl~ UIFm FF ±~{Lp~a G ~ y S ~`~ b ~ / ~ C' n~ r d ~ ~ ~~ ~ ~ F~O... 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