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HomeMy WebLinkAboutLand Use Case.102 Wood Duck Ln.0065.2006.ASLUCity of Aspen Community Development Department CASE NUMBER 0065.2006.ASLU PARCEL ID NUMBER 2735- 121 -30 -005 PROJECT ADDRESS 102 Wood Duck Lane PLANNER Joyce Allgaier CASE DESCRIPTION Demo of Existing house and deck, restoration of grade, planting new lawn & sod REPRESENTATIVE Haas Land Planning DATE OF FINAL ACTION 12/lq/06 CLOSED BY Amy DeVauh �r Eile E& Fecad 4wOte Fgno ReWrt; Fob IMs b* a`h" Mani Ro.Am Status Fee Summery ;Ac4ons Rasting Hcetor9 g Pamat Typo Perms q �66.20W ASLU______.. Address 102 'WOODWaLN�-Jl Ap1/5ude ppp GN JASPEN Permit Information -- Master PwW F -._::) RoUarg Ouaue I-w Appw F:wlli2w6 J Description DEMO OF E50571NG HOUSE AND DECK, RESTORATION OF GRADE, PLANTING Issued �Y... INEW LAWN S SOD Fwd F- i I � SuMnued HAAS LAND KANNING 9257019 Clock flurnirg Dsjrs 0 Esgires /210672007 E LoraName N9 First Name F ��..� 619ARION A1sE__...e...�_............e phone (310) 4514400716 ,FRET SANTA M MONI CA CA 90401 I. Dwnells Appficaot? AppFoant Las Nara �TH�NY mJ Fsat Nara fORETF _ 619ARQONAAVE _____W SANTAMONICA CA 90401 Phme (310)4512400 116 Cust#FZ6 �— Lawler ,... Last Name ��� j ..:.__ Fast Name �� Ic MEMORANDUM TO: City of Aspen Planning and Zoning Commission JAA FROM: Joyce Allgaier, Deputy Director, Community Development RE: 102 Wood Duck Lane Hallam Lake Bluff Review — Public Hearing DATE: December 19, 2006 SUMMARY: All development located along the bluff of Hallam Lake is required to be reviewed according to the standards in the City's Environmentally Sensitive Areas Chapter. (Other ESA reviews are 8040 Greenline Review, Stream Margin Review, and Mountain Viewplane Review.) The purpose of the Hallam Lake Bluff Review is stated in the code as follows: .. Development in this area shall be subject to heightened review so as to reduce noise and visual impacts on the nature preserve [the Aspen Center for Environmental Studies], protect against slope erosion and landslide, minimize impacts on surface runoff, maintain view to and from the nature preserve, and ensure the aesthetic and historical integrity of Hallam Lake and the nature preserve." Among other requirements, there is a fifteen -foot setback requirement and a progressive height limit established by the "top -of- bluff" All development within thirty feet of the top -of -bluff is required to be reviewed by the Planning and Zoning Commission. The subject property is currently developed with a single - family residence and a portion of a deck is located within the 30 foot set back area from top of slope. The overall development proposal is for demolition and reconstruction of the house. The current conditions are best shown on the improvement survey plat contained within the application packet, numbered 1 of 1 (behind page 2). This application is somewhat unique, in that the "demolition" of the house and that portion of the deck that is in the setback area, is what the Commission is reviewing. Demolition is considered "development" which invokes the review. The demolition will help bring the site into compliance with the regulations and the new house is proposed to be fully behind the 30 foot setback and meet the other "Bluff' goals. The construction of the new home on the site will be handled administratively. An important matter to focus on then, in this circumstance is the regrading and revegetation of the site within the 30 foot setback. This responsibility falls to the Parks Department which oversees stream margin, tree preservation and the rehabilitation of the stream corridors in the city. They have both the technical ability and the personnel to 414 NORTH FIRST STREET HALLAM LAKE BLUFF REVIEW STAFF REPORT PAGE 1 review and evaluate landscaping/grading plans and perform inspections. Therefore, Staff has included a condition of approval in the resolution that requires that a landscaping and grading plan be submitted to the Parks Department that meets with their approval before a demolition permit may be approved. Staff has reviewed the proposal against the criteria and believes the proposal should be found by the P &Z to meet these criteria. Staff is recommending approval. Staff has proposed conditions of approval related to the construction process. NECESSARY LAND USE APPROVALS: The following land use approvals are requested and necessary for approval of this project: HALLAM LAKE BLUFF SUBSTANTIAL AMENDMENT REVIEW: This review is to ensure compatibility of development along the bluff above Hallam Lake with the visual and environmental resources of the lake and its surroundings. Final Review Authority: Planning and Zoning Commission. 2. HALLAM LAKE BLUFF INSUBSTANTIAL AMENDMENT REVIEW (FOR THE RECONSTRUCTION OF THE HOUSE): This review is to ensure compatibility of development along the bluff above Hallam Lake with the visual and environmental resources of the lake and its surroundings. The applicant has shown preliminary plans that indicate all development will be in conformance with the Hallam Lake Bluff requirements and therefore can be handled administratively. Final Review Authority: Community Development Director. APPLICANT: AML Investment II, LLC, Andrew Lessman, Partner c/o Bret Thoeny, Boto Design Architects and Mitch Haas, Haas Land Planning, LLC, Planning Consultants. STAFF SUMMARY AND RECOMMENDATION: Staff believes the application should be found by P &Z to meet the review criteria. Staff recommends approval with a series of conditions outlined in the proposed Resolution. RECOMMENDED MOTION: "I move to approve Resolution No.34_, Series of 2006, approving with conditions the Hallam Lake Bluff Review for the development of a pool with associated decking, a stair enclosure, and an underground connection to the residence at 414 North First Street." ATTACHMENTS: Exhibit A: Staff Findings Exhibit B: Application 414 NORTH FIRST STREET HALLAM LAKE BLUFF REVIEW STAFF REPORT PAGE 2 EXHIBIT A - STAFF FINDINGS 102 WOOD DUCK LANE 26.435.060.0 Hallam Lake Bluff Review. No development shall be permitted within the Hallam Lake Bluff ESA unless the Planning and Zoning Commission makes a determination that the proposed development meets all the following requirements: 1. No development, excavation or fill, other than native vegetation planting, shall take place below the top of slope. STAFF FINDING' DOES IT COMPLY? YES The demolition will be subject to a landscape, revegetation and regrading plans that meet with the approval of the Parks Department. There are no plans for development in the area below the Top of Slope. Staff believes P &Z should find this criterion to be met. 2. Any development within the fifteen -foot setback from the top of slope shall be at- grade. Any proposed development not at -grade within the fifteen -foot setback shall not be approved unless the Planning and Zoning Commission determines that the following conditions can be met: a. A unique condition exists on the site where strict adherence to the top of slope setback will create an unworkable design problem. b. Any intrusion into the top of slope setback or height limit is minimized to the greatest extent practical. c. Other parts of the structure or development on the site are located outside the top of slope setback line or height limit to the greatest extent possible. d. Landscape treatment is increased to screen the structure or development in the setback from all adjoining properties. STAFF FINDING' I DOES IT COMPLY? I YES The demolition proposed in this application is all outside the 15 -foot setback requirement. Revegetation and regrading of the slope must be accomplished in a manner that restore the area back to a more natural condition. Staff believes P &Z should find this criterion to be met. 3. All development outside the fifteen -foot setback from the top of slope shall not exceed a height delineated by a line drawn at a forty -five (45) degree angle from the ground level at the top of slope. Height shall be measured and determined by the 102 WOOD DUCK LANE HALLAM LAKE BLUFF REVIEW - 12 -19 -06 - EXHIBIT A PAGE 1 Community Development Director using the definition for height set forth at Section 26.04.100 and the method of calculating height set forth a Section 26.575.020. STAFF FINDING: I DOES IT COMPLY? I YES The demolition improves this situation and new construction must be in compliance. Staff believes P &Z should find this criterion to be met for the demolition. 4. A landscape plan shall be submitted with all development applications. Such plan shall include native vegetative screening of no less than fifty (50) percent of the development as viewed from the rear (slope) of the parcel. All vegetative screening shall be maintained in perpetuity and shall be replaced with the same or comparable material should it die. STAFF FINDING: DOES IT COMPLY? I YES A landscape /revegation/regrading plan has been submitted to the Parks Department and the department is reviewing and evaluation Staff has included conditions of approval as proposed by the City Parks Department. Staff believes P &Z should find this criterion to be met. 5. All exterior lighting shall be low and downcast with no light(s) directed toward the nature preserve or located down the slope and shall be in compliance with section 26.575.150. STAFF FINDING' DOES IT COMPLY? YES No lighting is proposed at this time. Staff will require compliance with the lighting code as a condition of approval for the new construction. Staff believes P &Z should find this criterion to be met. 6. No fill materials or debris shall be placed on the face of the slope. Historic drainage patterns and rates must be maintained. Pools or hot tubs cannot be drained down the slope. STAFF FINDING' I DOES IT COMPLY? YES The proposed construction area includes protection of the existing vegetation and fill material is not proposed to be stored along the bluff. Staff believes P &Z should find this criterion to be met. 102 WOOD DUCK LANE HALLAM LAKE BLUFF REVIEW - 12 -19 -06 - EXHIBIT A PAGE 2 7. Site sections drawn by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level. STAFF FINDING: I DOES IT COMPLY? I YES The application includes a site section drawn by a registered architect that demonstrates compliance with the requirements of this section to the satisfaction of staff. The Community Development Engineer has evaluated the designation of the Top of Bank and finds it to be accurate. Staff believes P &Z should find this criterion to be met. 102 WOOD DUCK LANE HALLAM LAKE BLUFF REVIEW - 12 -19 -06 - EXHIBIT A PAGE 3 Resolution No. (SERIES OF 2006) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION GRANTING HALLAM LAKE BLUFF REVIEW FOR A DEMOLITION OF A SINGLE FAMILY DWELLING, CONSIDERED "DEVELOPMENT" THAT IS PARTIALLY LOCATED WITHIN THE 30 SETBACK AREA FROM THE TOP OF BANK FOR PROPERTY LOCATED AT 102 WOOD DUCK LANE, CITY OF ASPEN, COLORADO. Parcel ID:2735- 121 -30 -005 WHEREAS, the Community Development Department received an application from Haas Land Planning, LLC, for Andrew Lessmann, AML Investment II, LLC, owner of 102 Wood Duck Lane, represented by Boto Design Architects and Haas Land Planning, for Hallam Lake Bluff Review for the demolition of a single family house, considered "development'; and, WHEREAS, the Property is known as 102 Wood Duck Lane and is legally described as being in Block 2, the northerly portions of Lots 1 -8 of the Aspen Company Subdivision, City and Townsite of Aspen, and is approximately 21,880 square feet in size; and, WHEREAS, the site currently contains a single - family residence and associated uses and improvements and is proposed for demolition with a portion of the existing house deck located in the 30 foot setback of the Top of Bank area of the Hallam Lake Bluff Environmentally Sensitive Area; and, WHEREAS, pursuant to Section 26.435.060.0 of the Land Use Code, Hallam Lake Bluff Review may be approved, approved with conditions, or denied by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and the standards of review of said Section; and, WHEREAS, pursuant to Section 26.304 of the Aspen Land Use Code and during a regular meeting on December 19, 2006, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and where the recommendation of the Community Development Director and comments from the public were heard the standards of review were examined and approved the request for Hallam Lake Bluff Review by a _ to (_--) vote, with the findings contained in Exhibit A of the December 19, 2006, staff memorandum and the conditions of approval listed hereinafter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1: Hallam Lake Bluff Review The Planning and Zoning Commission, pursuant to Chapter 26.435.060.C, hereby approves the Hallam Lake Bluff Review for the "development' considered to be the Planning and Zoning Commission Resolution No36, Series of 2006, 102 Wood Duck Lane Page 1 demolition of a house, portions of which are within the 30 foot setback from the Top of Bank of Hallam Lake Bluff ESA, subject to the following conditions. Section 2: Building Permit The demolition "building" permit application shall include /depict: 1. A signed copy of the P &Z Resolution granting land use approval. 2. A letter from the primary contractor stating that the approving Resolution has been read and understood. 3. The conditions of approval shall be printed on the cover page of the building permit set. 4. A landscaping/grading/revegetation plan that meets with the approval of the Parks Department that fulfills the goals of the purpose of Hallam Lake Bluff ESA. 5. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on -site during and after demolition. A 2 -year storm frequency should be used in designing any drainage improvements. 6. A tree removal permit, as applicable. 7. A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed areas including haul roads, perimeter silt fencing, as- needed cleaning of adjacent rights -of -way, speed limits within and accessing the site, and the ability to request additional measures to prevent a nuisance during construction. The applicant shall wash tracked mud and debris from the street as necessary, and as requested by the City, during construction. Submission of a fugitive dust control plan to the Colorado Department of Public Health and Environment Air Quality Control Division may also be necessary. 8. A study performed by a Colorado licensed Civil Engineer demonstrating how the required excavation/demolition activity on the site shall be performed without damaging adjacent properties, structures, or the slope stability of the bluff. 9. A construction site management and parking plan meeting the specifications of the City Building Department. Prior to issuance of a building permit: 1. All permit fees shall be paid. Section 3• Lighting Code and no lighting down the slope All outdoor lighting shall be in compliance with the City of Aspen Outdoor Lighting Regulations, as amended from time to time, and no lighting down the bluff shall be permitted. Planning and Zoning Commission Resolution No", Series of 2006, 102 Wood Duck Lane Page 2 Section 4: Representations All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 6: Noise During Construction During demolition/ construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 am and 7 pm, Monday thru Saturday. Construction is not allowed on Sundays. Section 7• This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 8• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 9: That the City Clerk is directed to record a copy of this Resolution in the office of the Pitkin County Clerk and Recorder. APPROVED by the Commission at its regular meeting on , 2006. APPROVED AS TO FORM: David Hoefer, Asst. City Attorney ATTEST: Jackie Lothian, Deputy City Clerk PLANNING AND ZONING COMMISSION: Jasmine Tygre, Chair Planning and Zoning Commission Resolution No's, Series of 2006, 102 Wood Duck Lane Page 3 vv� r A HALLAM LAXF BLUFF 1ZEVHW Er EXEMPTION APPLICATION Sul3Mr rTm 8Y AAS LANZ) PLANNZNQs LLC 201 N097W MILL STREET, SuIT'f 108 ,ASPEN, COLORADO 81611 Phholw. (970) 925 -7819 Farr. (970) 925 -7395 Fina& mJtcLa4@sopK* net OC rOSER, 2006 AN APPLICATION FOR HALLAM LAKE BLUFF REVIEW AND HALLAM LAKE BLUFF REVIEW EXEMPTION APPROVALS FOR 102 WOOD DUCK LANE Submitted by: AML Investment II, LLC Andrew Lessman, Partner c/o Bret Thoeny, Boto Design Architects 619 Arizona Ave. Santa Monica, CA 90401 (310) 451 -2400 Prepared by: HAAS LAND PLANNING, LLC Planning Consultants 201 North Mill Street, Suite 108 Aspen, CO 81611 Phone: (970) 925 -7819 Fax: (970) 925 -7395 Email: mhaas @sopris.net 102 WOOD DUCK LANE HALLAM LAKE BLUFF APPLICATION -- -TABLE OF CONTENTS - -- PAGE I. INTRODUCTION ............................................ ..............................1 IL PROJECT SITE & NEIGHBORHOOD (Existing Conditions) ...................2 • Vicinity Map ......................................... ..............................2 III. PROPOSED DEVELOPMENT ........................... ..............................3 IV. REVIEW REQUIREMENTS ................................ ..............................4 A. Section 26.435.060(C), Hallam Lake Bluff Review .............................4 B. Section 26.435.060(B), Hallam Lake Bluff Review Exemption ..............6 V. VESTED PROPERTY RIGHTS ............................. ..............................7 EXHIBITS Exhibit 1: Land Use Application & Dimensional Requirements Forms Exhibit 2: Pre - Application Conference Summary Exhibit 3: Proof of Ownership (Title Policy) Exhibit 4: Authorization for Representatives Exhibit 5: List of Property Owners within 300 Feet of the Subject Property Exhibit 6: Executed Application Fee Agreement I. INTRODUCTION This application requests Hallam Lake Bluff Review The applicant will subsequently provide building plans to staff for review of a Hallam Lake Bluff Exemption since the development will be situated at least thirty (30) feet back from the mapped top of slope. As part of this current Hallam Lake Bluff Review (HLB) application, it is requested that the surveyed top -of -slope be accepted so as to formally establish the thirty (30) foot setback line. The subject property is zoned R -15, Moderate - Density Residential. It has a Parcel Identification Number of 2735 - 121 -30 -005 and resides within Aspens West End neighborhood. The 21,880.8 square foot property is comprised of the northerly portion of Lots 1, 2, 3, 4, 5, 6, 7, and 8, in Block 2 of the Aspen Company Subdivision, City and Townsite of Aspen. This application is submitted pursuant to Section 26.435.060(C), Hallam Lake Bluff Review, of the Aspen Land Use Code (the Code). The completed Land Use Application and Dimensional Requirements Forms are attached hereto as Exhibit 1. A Pre - Application Conference Summary prepared by James Lindt, Senior Planner, is attached as Exhibit 2. AML Investment II, LLC, A Nevada Limited Liability Company, Andrew Lessman partner, (hereinafter "applicant "), owns the subject property (see Proof of Ownership, Exhibit 3). Authorization for Haas Land Planning, LLC and Boto Design Architects to represent the applicant is attached as Exhibit 4. A list of all property- owners within a 300 foot radius of the subject property, and their mailing addresses of record, is attached as Exhibit 5. An executed Application Fee Agreement is provided as Exhibit 6. The application is divided into tour sections. Section I provides a brief introduction to the application, while Section II describes the existing conditions of the project site and neighborhood. Section III outlines the applicant's proposed development, and Section IV addresses the proposal's consistency with applicable review criteria. For the reviewer's convenience, all pertinent supporting documents relating to the project (i.e., proof of ownership, etc.) are provided in the various exhibits to the application. While the applicant has attempted to address all relevant provisions of the Code, and to provide sufficient information to enable a thorough evaluation of the application, questions may arise which require additional information and /or clarification. Upon request, the applicant will provide such additional information as may be required in the course of the review. 102 Wood Duck Lane Hallam Lake Bluff Review Page 1 0 II. PROJECT SITE & NEIGHBORHOOD (Existing Conditions) The subject property, 102 Wood Duck Lane, resides on a tract of land situated in the Southeast Quarter of the Northeast Quarter of Section 12, Township 10 South, Range 85 West of the Sixth Principal Meridian, City of Aspen, County of Pitkin, State of Colorado. It has a Parcel Identification Number of 2735 - 121 -30 -005 and resides within Aspen's West End neighborhood. The 21,880.8 square foot property is comprised of Lots 1, 2, 3, 4, 5, 6, 7, and 8, in Block 2 of the Aspen Company Subdivision, City and Townsite of Aspen. The approximate location of the property is indicated on the Vicinity Map provided below. The property is zoned R -15, Moderate- Density Residential. The lot size is 21,880.8 square feet. The Lot Area is 19,145.7 square feet, calculated as follow: 82.4% of the area has 0 % -20% slopes (18,029.8sf); 10.2% of the lot has 20 % -30% slopes (2,231.8sf); and, 7.4% of the lot has a slope of 30% or more (1,619.2so. Lot Area is determined by adding 18,029.8sf + (2,231.8 _ 2) = 19,145.7 square feet. The existing detached single - family residential use of the subject property is in conformance with the permitted uses of the R -15 zone. The surrounding neighborhood, known as Aspen's West End, consists primarily of single family homes and duplexes. To the cast lie Hallam Lake and the Aspen Center for Envirorunental Studies (ACES). Also located in the surrounding area are The Aspen Institute, Aspen Meadows, Paepcke Auditorium, Harris Concert Hall, and the Benedict Music Tent. 102 Wood Duck Lane Hallam Lake Bluff Review Page 2 NO N V V w v� y 0 �a g gw s fit W tit t$ hd a 8 D E � 8 fill t g W Q Pat ag t p ti a 0 N s m� y� ti J Q rO O v ' 5 a Ft 5 &� c� m a u, V jib "Ink ED m . k � r ¥ k¥ / 2 | / 1 y \ 4 \ / > . � &! � \! f fill 1 11 | §| § ©m § \ \ z )do, p !` TO go". ■» �] \ � � x � : � , \\ �\ 0 \ ; / � � zma=ze� / � � \ o - � ,■ � } «. k � &! � \! f fill 1 11 | §| § ©m § \ \ z )do, p !` TO go". ■» �] \ � � x � : � , \\ �\ 0 \ ; / � � III. PROPOSED DEVELOPMENT 77FM .a ..a, Since redevelopment is planned for the future, the site restoration work done after demolition will be minimal inasmuch as it will entail simply reestablishing grade to tie in with existing conditions on the sides of the house, and planting of new sod over the restored grade. The delineation of the top of slope on the subject property is quite easy and rather obvious. From Hallam Lake, the grade climbs steeply toward the subject property and is covered with natural, un- manicured vegetation. There is an obvious break at which the slope levels out and the natural vegetation is met with lawn. This break forms the line the surveyor has plotted as the top of slope. Architectural and landscape designs have not been completed for the proposed project. However, the applicant intends to comply with all applicable Code requirements relating to these design elements. The property will maintain a credit for its existing Floor Area and number of bedrooms when assessing the cash -in -lieu requirements for an ADU and the Park Development Impact Fees, respectively. The credit will be verified with the City Zoning Officer prior to demolition of the existing residence. 102 Wood Duck Lane Hallam Lake Bluff Review Page 3 IV. REVIEW REQUIREMENTS "Development" is defined in the Definitions Section of the Code (26.104.100) as "the use or alteration of land or land uses and improvements inclusive of, but not limited to: 1) the creation, division, alteration or elimination of lots, or 2) mining, drilling (excepting to obtain soil samples or to conduct tests) or the construction, erection, alteration, or demolition of buildings or structures; or 3) the grading, excavation, clearing of land, or the deposit or fill in preparation or anticipation of future development, but excluding landscaping" [emphasis added]. Any "development' within the Hallam Lake Bluff is subject to heightened review so as to reduce noise and visual impacts on the nature preserve, protect against slope erosion and landslide, minimize impacts on surface runoff, maintain views to and from the nature preserve, and ensure the aesthetic and historical integrity of Hallam Lake and the nature preserve. The subject property and its existing residence are located within the Hallam Lake Bluff. A portion of the structure, specifically part of the wooden deck, is located within the 30 foot setback of the top of slope. The proposed demolition and restoration falls within the parameters of "development," making this proposal subject to Hallam Lake Bluff Review. Section 26.435.060(C), Hallam Lake Bluff Review Section 26.435.060(A) of the Code provides that all development in that bluff area running approximately on a north -south axis bordering and /or overlooking the Aspen Center for Environmental Studies nature preserve and bounded on the east by the 7850 -foot mean sea level elevation line and extending one hundred (100) feet, measured horizontally, up slope and there terminating, and bounded on the north by the southeast lot line of Lot 7A of the Aspen Company Subdivision, and on the south by the centerline of West Francis Street, shall be subject to the review standards as set forth in this Section. Section 26.435.060(C) of the Code explains that no development shall be permitted within the Hallam Lake Bluff ESA unless the Planning and Zoning Commission makes a determination that the proposed development meets all of the following requirements (the standards are provided below in indented and italicized print and each is followed by a response demonstrating compliance and /or consistency therewith, as applicable): 1. No development, excavation or fill, other Than nalive vegelalion planling, shall take place below the top of slope. 102 Wood Duck Lane Hallam Lake Bluff Review Page 4 RESPONSE: The proposed development is simply demolition of the existing single - family home, and restoration of the area within 30 feet of the top of slope. No development, excavation or fill, other than native vegetation planting will take place below the top of slope. 2. All development within the fifteen foot setback from the top of slope shall be at grade. Any proposed development not at grade within the fifteen foot setback shall not be approved unless the Planning and Zoning Commission determines that the following conditions can be met: a. A unique condition exists on the site where strict adherence to the top of slope setback will create an unworkable design problem. b. Any intrusion into the top of slope setback or height limit is minimized to the greatest extent possible. c. Other parts of the structure or development on the site are located outside the top of slope setback line or height limit to the greatest extent possible. d. Landscape treatment is increased to screen the structure or development in the setback from all adjoining properties. RESPONSE: No development will take place within the fifteen -foot setback from the top of slope, except for removal of the very northeast corner of the existing building and reestablishing of grade in this location. In accordance with the standard, this development will be at grade. 3. All development outside the fifteen foot setback from top of slope shall not exceed a height delineated by a line drawn at a forty -five (45) degree angle from ground level at the top -of- slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.04.100 and the method of calculating height set forth at Section 26.575.020. RESPONSE: The only development taking place is the demolition of the existing single family home, including the wood deck. The subsequent restoration will consist of grading and filling in a new lawn. No development will break the progressive height limit established in this standard. 4. A landscape plan shall be submitted with all development applications. Such plan shall include native vegetative screening of no less than fifty (50) percent of the development as viewed from the rear (slope) of the parcel. All vegetative screening shall be maintained in perpetuity and shall be replaced with the same or comparable material should it die. RESPONSE: Please see the attached Site Survey & Section. As noted thereon, the affected area will be covered with new sod. The current plans do 102 Wood Duck Lane Hallam Lake Bluff Review Page 5 not involve development of anything that would require screening. No existing vegetation on the slope will be disturbed; as such, the existing level of screening from below will be maintained and preserved. 5. All exterior lighting shall be low and downcast with no light(s) directed toward the nature preserve or located down the slope and shall be in compliance with section 26.575.150. RESPONSE: All exterior lighting will be low and downcast with no light(s) directed toward the nature preserve or located down the slope. All exterior lighting will be in compliance with Section 26.575.150 of the Code. 6. No fill material or debris shall be placed on the face of the slope. Historic drainage patterns and rates must be maintained. Pools or hot tubs cannot be drained down the slope. RESPONSE: No fill materials or debris will be placed on the face of the slope. Historic drainage patterns and rates will be maintained. If a pool or hot tub is to be located on the property, neither will be installed in a manner where drainage down the slope would occur. 7. Site sections drawn by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level. RESPONSE: Please see the attached drawings, which were prepared by a registered architect. The drawings show all existing and proposed site elements, the top of slope, and all pertinent elevations above sea level. These drawings demonstrate compliance and/or consistency, as applicable, with all the foregoing standards. Section 26.435.060(B), Hallam Lake Bluff Review Exemption Pursuant to Section 26.435.060(B) of the Code, the Applicant further requests an exemption to construct the new residence, as the entire structure will be setback at least 30 feet from the top of slope. All parties agree that the top of slope on the survey is correct, and the 30 -foot setback will be measured from that line, as mapped. Section 26.435.060(B) of the Code states that the Community Development Director may exempt the expansion, remodeling, or reconstruction of an existing development within the Hallam Lake Bluff Review area provided that, 102 Wood Duck Lane Hallam Lake Bluff Review Page 6 The proposed development is thirty (30) feet or further from the top -of- slope and not exceeding the progressive height limit delineated by a line drawn at a forty-five (45) degree angle from ground level at the top -of- slope, or, the development is obscured from the rear slope by other structures as determined by a site section provided pursuant to review standard (C)(7). RESPONSE: The forty -five degree angled progressive height limit equates to one foot in height for every one foot of setback from the top of slope. Therefore, at thirty feet back from the top of slope, the progressive height limit would be thirty feet. This progressive height limit is "trumped" or superceded by the more restrictive height limit of twenty-five feet in the R -15 zone district, with which the applicant will comply. That said, the progressive height limit is recognized by the applicant as "absolute," meaning no portions of a pitched roof or appurtenance will be permitted to pierce the progressive height limit, regardless of whether such element might adhere to the standard requirements and allowances for measurement of height in the R -15 zone district, specifically, and City, in general. As provided throughout this application, the proposed project is and will be in compliance with all applicable requirements of the Code. V. VESTED PROPERTY RIGHTS In order to preserve the land use approvals which may be obtained as a result of this application, the applicant hereby requests vested property rights status pursuant to the provisions of Chapter 26.308 of the Aspen Land Use Code. It is understood that final approval of the proposed development must be granted by ordinance of the City Council to establish such status. It is also understood that no specific submission requirements, or review criteria other than a public hearing, are required to confer such status. 102 Wood Duck Lane Hallam Lake Bluff Review Page 7 e. APPLICANT: LAND USE APPLICATION Name AML investment it LLC, Andrew Lessmati Partner Location: 102 Wood Duck Labe (Lots 1-8, Block 2, Aspen Company Subdivision, City 8r Townsite of Aspen) (Indicate street address, lot & block nturiber, le f description where appropriate) Parcel ID # fRF'QUIRF,D) 2735 - 121 - 30-005 REPRESENTATIVE: Name: Haas Land Planning, LLC Boto Design Architects, Bret Thoeny Address: 201 M Mil I St., Suite 108, Aspen 81611 619 Arizona Ave., Santa Monica, CA 90401 Phone #: 990) 923,7849 310) 451 -2400 Name: Address: ❑ Conditional Use ❑ Special Review ❑ Design Review Appeal ❑ GMQS Allotment ❑ GMQS Exemption X ESA — 8040 Greenline, Stream Margin, n&m Lake Bluff, Mountain view Plane.. ❑ Lot Split ❑ Conceptual PUD ❑ -Final PUD (& PUD Amendment) ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Subdivision Subdivision Exemption (includes condommiumization) Temporary Use ❑ Conceptual Historic Devi. Final Historic Development ❑ Minor Historic Devi. ❑ Historic Demolition ❑ Historic Designation ❑ Small Lodge Conversion/ Expansion n other: Single- family residence and decks extending to within 30' of the Hallam Lake Blufftop of slope Demolition of the existing house and deck, restoration of grade, planting new lawn/sod Have you attached the following? FEES ,DUE: SL.7a2 • Pre- Application Conference Summary • Attachment #1, Signed Fee Agreement • Response to Attachment #3, Dimensional Requirements Form • Response to Attachment X14, Submival Requirements - Including Written Responses to Review Standards ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Amwk Project: 102 Wood Duck Lane Applicant: AML Investment 11, LLC Location: 102 Wood Duck Lane, Aspen, CO 81611 Zone District: R -15 Lot Size: 21,880.8sf Lot Area: 19.145.7sf (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark. easements. and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: n/a Proposed: n/a Number of residential units: Existing: I Proposed: 1 Number of bedrooms: Existing: 4 Proposed: TBD Proposed % of demolition (Historic properties only): n/a DIMENSIONS' Floor Area: Existing,- 4587sf* Allowable: 4749sf Proposed: <4749s Principal bldg. height: Existing.- S25' Allowable: 25' Proposed: <25' Access. bldg. height: Existing: n/a Allowable: 25' Proposed: :525' On -Site parking: Existing: 6 spaces Required: 2 spaces Proposed: > 2s /du % Site coverage: Existing.- TBD Required: n/a Proposed: TBD % Open Space: Existing: TBD Required: n/a Proposed: TBD Front Setback: Existing: 31' Required: 25' Proposed: > 25' Rear Setback: Existing: 35' Re uired:10' by zone, 15 by HLB Proposed: >40' Combined F /R: Existing: 66' Required: 35' -40' Proposed: 65' North Side Setback: Existing: 15' Required: 10' Proposed: 15' South Side Setback: Existing: 36' Required: 10' Proposed: 15' Combined Sides: Existing: 51' Required: 20' Proposed: 30' = per Assessors records: actual FAR to be confirmed with Zoning Officer prior to demolition Existing non - conformities or encroachments: None (see Improvement Survey Variations requested: None CITY OF ASPEiJ,I(gi?l PRE - APPLICATION CONFERENCE SUMMARY PLANNER James Lindt, 429 -2763 DATE: 9 /11 /06 PROJECT: 102 Wood Duck Lane REPRESENTATIVE: Mitch Flaw, Haas Land Planning TYPE Of APPLICATION: Hallam Lake Bluff Review DESCRIPTION: The Applicant would like to demolish the existing single- family residence at 102 Wood Duck Lane and construct a new single - family residence on the site, The new single- family residence could be reviewed as a Hallam Lake Bluff Exemption if it were setback from the top of bank by at least thirty (30) feet. However, the demolition process is required to be reviewed through. a Hallam Lake Bluff Review because the existing residence is located within the 30 foot setback from the top ofbank, The demolition of the existing residence constitutes development based on the City's definition of "development' and development is not allowed to take plane within the 30 foot setback from the top of bank by meads of a Hallam Lake Bluff Exemption. Therefore; the Applicant could request a Hallam Lake Bluff Review for the demolition of the existing structure and then request an exemption to construct the new residence, which would be reviewed at a staff level. Alternatively, the Applicant could request that the Hallam Lake Bluff Review and Exemption be combined to be reviewed by the Planning and Zoning Commission Land Use Cade Section (s) 26A35.060(B) Hallam Lake Bluff Review: Exemption 26.435.060(0) Hallam Lake Bluff Review Review by: Staff for complete application, referral agencies for technical considerations, Planning and Zoning Commission for final determination on Hallam Lake Bluff Review for demolition of existing structure. The Community Development Director may be the final reviewing body on an exemption request for the new residence, if the residence is setback by at least iltirty feet from the top of bank. Public Hearing: Yes, at the Planning and Zoning Commission for the demolition of the existing residence. Referral Agencies: Engineering, Parks, Planning Fees: Planning Deposit $1,350 for 6 Hrs of Planner Time (additional hours billed at $225.00 per hour) Referral Agency Fees: Engineering Referral 5196, Parks Referral $196 Total Deposit: $1,742 To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating: the name, address, and telephone number of the representative authorized, to act on behalf of the applicant. 3. Signed fee agreement. 4. Pre- application Conference Sumrrrary. 5. Land Use Application 6. Dimensional Requirements Form. T A site improvement survey showing the top of bank and proposed site plan. S. An g 112" x I I" vicinity map locating the subject parcels within the City of Aspen. 9. Proposed Floor plans and elevation drawings. 10.. A wri tten description of the proposal and a written: ex planation of how a,proposed development complies with the review standards relevant to the development application. if. A copy ofthe recorded documents that affect the proposed development. 12. Proof of ownership. 13. Additional materials as required by specific. review. Please -refer to the application packet for specific submittal requirements or to the code sections noted. above, 15 Copios or the completc application packet (items 2.13) OWNER'S POLICY OF TITLE INSURANCE 1111dbYLjwyers Title Insurance Corporation �LandAmerica taM re7"kw,wcoyarina . kwnkk dM Lawyers Title ClAkWGe to* Crew kAWWv*W& W" ATS -M1061 1, Ties W 00 "fi aakda" daagEW In SOheoub A balm veeted otMNMn as staled. W001l; I IA�y defect ecW WY JW Umlt�umtinncem IM tft; 3. 1, Lack ate40M 61, to aiWaram Mw land. The Gmmaly Wlta"Pqq lbe tptl�, et�OnMy�:fees and a nook W*hl defense of the Mle, n Inured, but ** to the eWntProviled on Vw COndliatM efie8dolmn IN MMES WHEREOF, LAMERS TITLE INSURANCE CARPpftATiON hu,Pwed Xa. mryala(e name and "al M be MMUM eRaed by aed* adthaha dolfXera, goPokyWbecame vadwhmaoemm�"byoneul vdoltinrarall1.1*1:Cmasvv. LAWYERS TITLE INSURANCE CORPORATION Aleol; y/'} ) Secretary 7 fate .s EXCLMIONI FROG/COVERAGE The foibe no ftmMo era e�Pms,* exCkdsd hom dw coverage of We POic ano Ow C kwadaPSnen w4, %1"by meanof �. t 1. (k) Any law, ontlnancM aMo1'ammemal: regulation (InGWiny MA not IhW to t (b) 14 rfGle„L • 6l*,oA. 4 PraeNeM 2 ft* of O MmM dansW union nodoa of IM word" themof on Man roconiod In am Public moods stoats of poesy. Mud nd aadudhg km=am/Lg staff 11411 eaebneIPdxo Cabof P0617101,1011 WOW be WndV on 01101,of•Wchvvee, wfihout kw b. Defada: Ielw. enmuntinrcu:•daanu dam.a elfxv mm.m i. fO) m"ltlnp6rolex eidaMnkga 6itlie °ro6dBliamt ..__. _._r -_.. aladiap of maemd aoMaMuaM m [h. N of 4f ha or (6 NiVMkg._in Ipaa adamaga which em11N wi Mve been tualan" M die dpaYnG. cleaned had peki value for 7M ei(ahe or kAamel' NUI PA 10 ALTAGMnefa Poky(TW7T)gi!) VIM Onty ISGwdW "A aM 0 a Aeo dd Form 1190.742 ORIGINAL �. SCHEDULE A- OWNER'S POLICY ,/CASE NUMBER 1-DATE OF POLICY /AMOUNT OF INSURANCE POLICY NUMBER PCT20297L March 3, 2006 a 2:37 AM 56,500,000.00 A752041061 NAME OF INSURED: AML INVESTMENT II, LLC, A NEVADA LIMITED LIABILITY COMPANY t/ THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE .,',!(THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: AML INVESTMENT II, LLC, A NEVADA LIMITED LIABILITY COMPANY ,i4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: A tract of land situated in the Southeast Quarter of the Northeast Quarter of Section 12, Township 10 South, Range 85 West of the Sixth Principal Meridian, City of Aspen. County of Pitkin, State of Col6 ado, consisting of the northerly portions of Lots 1, 2, 3, 4, S. B. 7 and 8, in Block 2 of the Aspen Company Subdivision, more particularly described as follows: BEGINNING at a point whence a U.S. brass cap dated 1954 and marked as the East Quarter comer of said Section 12 bears S 55'43'55' E 1096.78 feet thence East 174.04 feet thence South 73.27 feet thence S 89'15'15' W 1520 feet thence S 69'14'59' W 66.03 feet thence S 86'18'47' W 6.36 feet thence S 00'4303' E 5.91 feet thence S 89'23'36" W 14.83 feet Ithence N 89'51'51' W 75.99 feet thence North 103.16 feet to the point of beginning, together with a tract of land situated In the Southeast Quarter of the Northeast Quarter of Section 12, Township 10 South, Range 85 West of the Sixth Principal Meridian, City of Aspen, County of Pitldn, State of Colorado, consisting of the Easterly portion of the 30 -foot wide road In the Aspen Company Subdivision, more particularly described as follows: Beginning at s point whence a U.S. brass cap dated 1954 . and, marked as the East Quarter comer of said Section 12 bears S 55'43'55' E IOb6.78 feet thence North 30.00 feet thence East 174.04 feet - thence South 30.00 feet thence West 174.04 feet to the point of beginning. Countersigned: "t Authorized officer or agent PITION COUHIY TITLE INC 601 E HOPK24S AVE ASPEN, COLORADO 61611 (97)9351766/(910 )-925 VFAX THE POUCY NUMSM SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. October 3, 2006 Aspen Communiq, Development Department 130 South Galena Street Aspen, CO 81.611-1975 Re- 102 Wood Duck Lane Hallam Lake Bluff Review and Exemption Application To whom it may concern: I hereby authorize Haas Land Planning, LLC (HLP), and Sato Design Architects, (BDA) to act as my designated and authorized representatives with respect to the land use applicatiot being submitted to your office for the property located at 102 Wood Duck Lane (Parcel ID No. 2735-121-30-005). HLP and BDA are authorized to submit an application for Hallam Labe Bluff Review and Hallam Lake Bluff Exemption, and any other incidental reviews. HLP and BDA are also authorized to represent me in meetings with City staff, boards, and commissions. Should you have any need to contact me during the course of your review, please do so through Haas Land Planning, LLC, whose contact information is provided in the application. Sincerely, Andrew Lessi-nan, PaThier AML Investment 11, LLC a Nevada Limited Liability Company ASPEN CENTER FOR ENVIRONMENTAL BART OUAL.PER RES TRST STUDIES 909 POYDRAS ST 20TH Ft 100 PUPPY,SMl TH ST NEW ORLEANS, LA 70112 ASPEN, CO 8161:1 BERGER BRUCE 600 EAST HOPKINS #202 ASPEN, CO 81611 CRAIG CAROL G PO BOX 18 WOODY CREEK, CO 81,656 FARISH ANNE. F 2200 WILLOWICK #16E HOUSTON, TX 77027 CHAMBERS MERLE C' 1700 LINCOLN ST STE 3950 DENVER, CO 80203 -4539 DAGGS JAMES K & ELLEN G 715 W MAIN ST STE 101 ASPEN, CO 81811 -1659 HERNANDEZ CECIL M & NOELLE C' PO BOX 1045 ASPEN, CO 81612 KREPACK HOWARD & VIVIAN TRUSTEES UEYDECKERSUZANNE LYNNE 50 % 710 N THIRD ST UNIT A 9034 BURROUGHS RD ASPEN, CO 61611 LOS ANGELES, CA 9004 &1405 MARCUS STEPHEN .J PO BOX 1709 ASPEN, CO 81612 RAPPAPORT KURT & JULIETTE TRUSTEES 50 %0 9034 BURROUGHS RD LOS ANGELES, CA 90046 -1405. WOOD DUCK REALTY CORP C/O LUCY ALMODOVAR 645 FIFTH AVE 8TH FLOOR :NEW YORK, NY 10022 BELL 26 LLC PO BOX 1860 BENTONVILLE, AR 72712 MARION BRANDON L & ANGELA -M PO BOX 8837 ASPEN, CO 81912 SANT MARALYNN VIERSEN TRST PO BOX 702708 TULSA, OK 74170 WURTELE CHRISTOPHER C TRUST 38 MEHA PL PAIA, HI 96779 CHATFIELD CROSSINGS INC C/O DWORMAN DARRYL 65 W 65TH ST STE 4A NEW YORK, NY 10019 EFH HOLDINGS LP PO BOX 8770 .ASPEN, CO 81612 KOCH CHARLES G TRUSTEE C/O KOCH FAMILY MOMT 4111 E 37TH ST N WICHITA, KS 97220 LUNDGREN -DONNA PO BOX 6700 SNOWNIASS VILLAGE, CO 81615 MUSIC ASSOCIATES OF ASPEN INC 2 MUSIC SCHOOL RO ASPEN; CO 81611-8500 WALNUT CREEK RANCH LLC 4620 MAIN ST STE 1050 KANSAS CITY, MO 64111 -1816 ZILKHA SELIM K TRUST 750 LAUSANNE RD LOS ANGELES, CA 90077 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for tlaument of City of Asaen Dmtllonment ApnUeation Fees CITY OF ASPEN (hereinafter CITY) and MtLlovaliM 11 LLC a Nevada Looked 1 iabilliy Cirrttpanv. Andrecy Lessm". Partner (hereinafter APPLICANT) AGREE AS FOLLOWS: I, APPLICANT has submitted to CI'TY art application for Ilnflam Lake Bluff Review and Hallam. Lake, evjgsq - elB tg nion (hereinafter, THE PROJECT). 2, APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Lind Use applications and the payment of all processing Pees is a. condition precedent to a determination ofapplicationcompleteness. APPLICANT rind CITY agree that because of the size, nature or scope of the proposed . project, it is not possible at this time (a ascertain the full extent of tire costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLiCAN,r make payment of so initial deposit and to thereafter permit additional costs to be billed to APPLICANT at a monthly basis. APPLICANT agrees additional Doses may accrue fallowing their hearings aadtor approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon: notification by tie CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater rer €uiniy of recnv rhkg its full costs to proem 4. CITY and APPLICANT further agree that it is irnptacdcab.le for CITY staff to complete processing or present sufficient information to the Planning Commission and.`or City Council to enable the Planning Commission aadtor City Council to make legally required Endings for project consideration, unless current billings are paid in hill prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CYrY's waiver of its right to collect fall fees prior to a determination of application completeness, APPLICANT Shall pgy an initial deposit utthe:.amount OfS X52.00 which is for six >: " hdurs 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 CITY OF ASPEN By: Chris Beadon Community Mvelopment.Director `.fiuwdes SBA0 Planning:Deinmit; 5196 Engineering referrak' and, $194 Park: rererru gslsupporNorms\agipayas.doe /1/30104 Billing Address and Telephone Number: Reg iu red c /o. 3i_ret Tlicenv, Bolo Design Architects 61.9 Arizona Avenne Santa Monica, CA 90441 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and AML Investment II, LLC, a Nevada Limited Liability Company, Andrew Lessman, Partner (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to CITY an application for Hallam Lake Bluff Review and Hallam Lake Bluff Review Exemption (hereinafter, THE PROJECT). 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 that 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 their 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 it 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 findings for project consideration, unless current billings are 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 a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 1.742.00 which is for six (6)* 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 $225.00 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 iYg permits be issued until all costs associated with case processing have been paid. / 1� CITY QF ASPEN BNv--- gyp, OVZ Chris endon Community Development Director * Includes $1350 Planning Deposit; $196 Engineering referral; and, $196 Parks referral g: \support \forms \agrpayas.doc 11/30/04 Date: 10/5/06 Billing Address and Telephone Number: Required c/o Bret Thoenv. Boto Design Architects 619 Arizona Avenue Santa Monica, CAL904d1 8 Z''o0 RETAIN FOR PERW1NEr (CORD AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 10021 W%OV V tIC.if, L,f 445_ . Aspen, CO SCHEDULED PUBLIC HEARING DATE: otrsmoeiz 1 / 200- STATE OF COLORADO ) ) ss. County of Pitkin ) I, II Ii Kitt t Irwit> (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 26.304.060 (E) of the Aspen Land Use Code in the following manner: ✓ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. 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 ten (10) days prio to the public hearing and was continuously visible from the $day of n 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, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, 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 appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) oF( Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendme�ts---, The fore mg "Affidavit of Notice" was acknowledged before me this t1q day of a iiX� 200 Lk, by Pt im 140-Zu5 WITNESS MY HAND AND OFFICIAL SEAL f0 My common expires: COLOR P Notary Public ATTACHMENTS: P OF THE PUBLICATION I OF THE POSTED NOTICE (SIGN) lND GOVERNMENTAL AGF.NCIF..S NOTICED BYMAIL PUBLIC NOTICE RE: 102 WOOD DUCK LANE HALLAM LAKE BLUFF REVIEW & EXEMPTION PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, December 19, 2006, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Council Chambers, City Hall, 130 S. Galena St., Aspen. The Applicant proposes to demolish the existing single - family residence at 102 Wood Duck Lane and construct a new single - family residence on the site. The demolition process is required to be reviewed through a Hallam Lake Bluff Review because the existing residence is located within the 30 foot setback from the top of bank. The redevelopment of the site with a residence is considered an Exemption because it would be located behind the 30 foot setback area. The subject property is legally described as a portion of Lots 1 -8, in Block 2 of the Aspen Company Subdivision, City and Townsite of Aspen. For further information, contact Joyce Allgaier at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 429 -2754, (or by email at ioyceaaci.aspen.co.us). All written correspondence related to the application should be sent to the above e-mail or physical address. Applicant: AML Investment 11, LLC, Andrew Lessman, Partner, c/o Bret Thoeny, Boto Design Architects, 619 Arizona Ave., Santa Monica, CA 90401 and Haas Land Planning, LLC Planning Consultants, 201 North Mill Street, Suite 108, Aspen, CO 81611 s /Jasmine Tvere, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on December 3, 2006 City of Aspen Account October 3, 2006 Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 -1975 Re: 102 Wood Duck Lane Hallam Lake Bluff Review and Exemption Application To whom it may concern: I hereby authorize Haas Land Planning, LLC (HLP), and Boto Design Architects (BDA) to act as my designated and authorized representatives with respect to the land use application being submitted to your office for the property located at 102 Wood Duck Lane (Parcel ID No. 2735 - 121 -30 -005). HLP and BDA are authorized to submit an application for Hallam Lake Bluff Review and Hallam Lake Bluff Exemption, and any other incidental reviews. HLP and BDA are also authorized to represent me in meetings with City staff, boards, and commissions. Should you have any need to contact me during the course of your review, please do so through Haas Land Planning, LLC, whose contact information is provided in the application. Sincerely, Andrew Lessman, Partner AML Investment II, LLC a Nevada Limited Liability Company b',:iIF, 21" 06 '. NT