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Land Use Case.100 N 8th St.0034.2008.ASLU
4 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0034.2008.ASLU 2735 12 3013005 100 N. EIGHTH STREET JENNIFFER PHELAN INSUBSTAINIAL PUD AMENDMENT JOHN WHEELER 9/9/2008 CLOSED BY Angela Scorey on 03117/2009 PermR Type [aslu JASpen Land Use Permit t Address 100 N EIGTH ST J AptJSuite City ASPEN 5tate CO - Zip 81611 J Permit Information Master Permit F -- J Routing Queu asiu07 Applied 07)1812008 J Projectl J Status Pending Approved FJ Description INSUBSTANTIAL PUD AMENDMENT Issued F— J Foal F —J 5,bmitted 30HN WHEELER 970 927 9765 Clock Running Days r 0 E.ytrs 07113)2009 -W_ iner Last Name IVILLAS OF ASPEN J First Name F— EIGHTH Phone (970)925 -7614 ASPEN CO 8 611 r Owner is Applicant? Appkant Last Name f WHEELER ARCHITECTURE 8 J First Name 1 48 KATYDID LN plane - -_ Oust t 23391 5NOWMA55 CO 81654 tender: _ Last Name F- -- J Pest Name r_— I C Phone I C 36Zi C/G �� �. OD ad i of 7 14� Jennifer Phelan From: John Wheeler [wap @sopris.net] Sent: Thursday, July 31, 2008 2:37 PM To: Jennifer Phelan Subject: Villa of Aspen PUD letter Jennifer: Please see attached letter from the Villa of Aspen HOA: Will this be sufficient. We will have unit owners also supply a letter for authorization for Wheeler Architecture to represent. - - - -- Original Message---- - From: MICHAEL LEVINE [mailto:mlevine8Ccbgmail.com Sent: Thursday, July 31, 2008 10:58 AM To: John Wheeler Subject: Re: 24,25 decks IF THIS IS OK YOU CAN PICK IT UP AT ANY TIME Villa of Aspen Townhouses Association Aspen Resort Accommodations 100 South Spring Street Aspen, CO 81611 Tel 970 - 925 -4772 — Fax 907 - 925 -9014 July 31, 2008 n Community Development Department City of Aspen Attn: Jennifer Phelan, Deputy Director 130 South Galena Street Aspen, CO 81611 Dear Ms. Phelan: This letter confirms that the Villa of Aspen Townhouses Association Board has approved the application of Units 8, 10, 24,25, and 34 for decks. Plans have been submitted to the Board and the project is approved as outlined. We appreciate your assistance in expediting required permits. Sincerely yours, Michael Levine Villa Association Board President Jennifer Phelan From: John Wheeler [wap @sopris.net] Sent: Tuesday, August 05, 2008 10:45 AM To: Jennifer Phelan Subject: Villa of Aspen PUD amendment Attachments: pud34- 8508.pdf; pud8- 8508.pdf; pud10- 8508.pdf; pud24- 8508.pdf; pud25m- 8508.pdf; pud25u- 8508.pdf Hi Jennifer: Please see attached. I will be dropping off hard copies of the additional items you requested. I am generating word documents for the overall area calculations and will e-mail those today. Let me know if you see any problems. Thanks. Wheeler Architecture 48 Katydid Lane Snowmass CO 81611 Phone: (970) 927-9765 Fax: (970) 927-0778 Email: wap(a)sooris.net VILLJ� K)f -- A,�T-k,: A, I -T- "44" EX.FENGF KITCHEN ME L lh flll^ m UNIT 24 UN UP 17 V PORGH ti E- ON 5T0 R. ex - z U GLOS � x 'ORGH 1. KITCHEN 0 >N STOR. p — N ly.11 i WDR ON UNIT 8 -- ON - i LIGHT _ UP WELL t=1lf Le NEW LIVING AREA �• =1 1 © I c I{ �. 1 ,�,& _ NEW DECK 7EGK - -- Aw - I ^^ r 500' LtJ -V A- )N awe= 00 - t RED. =7 KITCHEN RANGE ['4-AND UNIT 25 DINING LIVING CLO5. im ME UP - - - - - - - - -- - - - - - - - LIVIN(5 EXPANSION o NEW SLOPED 6LAZIN& ABOVE 1" 117 Kr -T I T -ir o" NEW PEC-K 4- 10'4" 10" IP TREE 10, 41 TREE r7 :2 -5 a, 1p II. j 111 %p 4 NTH '- 24 IT--- r. 'Y - 6' NEW DECK r�T lalitFF r-1-1 = I 8 S. s 511 NEMMEW I 0- [-AV, GRANGE WINDOW TO DOOR �Q( BATH CLOSET UNIT 25 CLOitT F--D .......... BEDROOM �A BF>RM EXPANSION M-u 1pa.-M.M.-Mmu ummm.-M-u NEW LlrHTS ELON NEW DECK BELOW lo. 4 TREE BELOW /V 41 TREE RE^"17'1!ED JUL 18 2008 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ASPEN COMMUNITY DEVELOPMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and izi &215' (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to CITY an application for 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 $___which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, AP LICANT 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 $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT Chris Bendon Community Development Director Date: Bill To Mailing/ Address and Telephone Number: xve ...__...._..__._..... -.._. ATTACHMENT 2 —LAND USE APPLICATION APPLICANT: Name t - 7 C / G �/ G' rr,t /dL15 Location: (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2 S Z o 0 J REPRESENTATIVE: Name: f %Lj- Address: =4 `� A-, "o e16 Phone #: ® Z 4776,5;_ PROJECT: Name: Address: Phone 9- IYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment El Final SPA (& SPA Amendment) E] Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment ExIsTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) /C % G //G �i•ci6 S 3 & 2 5 7� alp /%Z ip% 1 � 91 ble Z 2 s" Z 'ROPOSAL: (description of proposed buildings, uses, modifications, etc.) MP A-0 ®rsT &/ I) GU Have you attached the following? FEES DuE: $ 2 3 5 0-Pre- Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form aResponse to Attachment 94, Submittal Requirements - Including Written Responses to Review Standards All plans that are larger than 85" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. 6i W ��S ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: 1114- L O� %1Si'c/l/ TOts/n/ d2t 04/ S Applicant: L/Ri'r I$ C' L7U lr /Z2 Z¢ t_ Location: �v /U- � �i 72 L : T 45 Zone District: Lot Size: =j. °! -7 Lot Area: (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: 1Proposed. Number of residential units: Existing. 3 Co Proposed: /V o e Number of bedrooms: Existing. y S— Proposed. /1/e) C i;'q� 6 ' Z 3 ?i 3 ✓e. 13 Proposed % of demolition (H storic properties only): DIMENSIONS: Floor Area: Principal bldg. height: Access. bldg. height: On -Site parking: % Site coverage: % Open Space: Existing. �:; (v l 2 °Allowable: Existing: -Lt' ± Allowable: Existing.' IS'- &'�llowable: Existing: Required :_ Existing: 2Z , 3 7 Required: _ Existing � t , 7 Required. Proposed-4)(0 C g-F^1 a 6 Proposed: N y Proposed :_No Proposed: /t0 Proposed. AJl7 Clq -4tv6 Proposed. el. S 3 Front Setback: Existing. Required. Proposed Rear Setback: Existing: Required. Proposed - Combined F /R: Existing. Required., Proposed. Side Setback: Existing: Required: Proposed: /Ve T Side Setback: Existing. Required: Proposed: Combined Sides: Existing. Required: Proposed. 6't //o Distance Between Existing Required. Proposed. Cif9 �/G rz Buildings Existing non - conformities or encroachments: Variations requested: G/.r/ /T 3 ! '- /9 1—, < !c K/e /lditCH Wheeler Architecture & Planning 48 Katydid Ln. Snowmass Co. 81654 Phone 970 - 927 -9765 Fax 970 - 927 -0778 TRANSMITTAL LETTER PROS ,ECT: l GLbj O/"- /�S/1� yl% �/✓j.���J. PROJECT NO. Z 12,1. 2 t5 e To: 5%r ATT: DATE: BY: JOHN WHEELER WE TRANSMIT THE FOLLOWING: Drawings orj C,5�6c S _ Shop Drawing Prints _Specifications _Shop Drawing Reproducibles Product Literature FOR YOUR: %'Use _ Information COPIES DATE DESCRIPTION �S7 _ Samples _ Change Order Approval RECEIVED AUG '16 2UU8 CITY OF ASPEN COWUNITY DEVELOPMENT John Wheeler From: Jennifer Phelan [Jennifer. Phelan @ci.aspen. co. us] Sent: Monday, July 28, 2008 4:47 PM To: John Wheeler Subject: Villas of Apsen Townhomes application Page 1 of 1 John: I wapted to inform you that I cannot currently process your application for a PUD amendment to the Villa of Aspen Townhomes without the following information: ,,-1. Right to apply. Attachment 4 of the land use application requires consent of the property owner for you to act as their authorized representative. I need consent from the five property owners allowing you to represent them, but as part of a condominium form of ownership, I need a letter from the HOA (if authorized to represent the homeowners) consenting to the content of application. ✓ 2. PUD Plat. I need a 24" by 36" copy of the plat entitled Villa ofTownhomes -1st PUD Amendment (Book 22, Page 52). The reduction is hard to read. ✓3. I'm not sure that you understand staff's viewpoint on this application and how we can process it, so I'll try to be clear. There is a recorded plat that outlines mentioned in item two, above, that includes a legend that shows through different line types balconies to be enclosed and new decks. This legend then corresponds to the 36 units and identifies which units can enclose balconies and expand decks. The five units that you are handling in your application: 8, 10, 24,2 5 and 34 do not show an allowance for a deck expansion. I'd like to record, if approved, a document that approves your request and includes exhibits of the subject units. You do not need to amend the PUD plat (although the HOA /homeowners will need to amend the condominium plat at some point in the future to reflect the changes). For me to process the PUD amendment I'll need: a. Scaled, dimensioned drawings for units 8, 10, 24,2 5 and 34 that clearly show and differentiate the area to be enclosed (or that was enclosed) and the new deck. The 1st PUD Amendment Plat notes that "area of new deck may not exceed deck area enclosed" so please include that data on the site plan. I would prefer that the scaled drawings fit on an 8.5" by 11" piece of paper and are legible for recording purposes. vb. The PUD criteria is for the overall site (all 36 units) not individual units. So you need to update the material so that the sum of all five units under review do not trigger any of the review criteria. Of most importance review criteria number 2 and 3. I'd like numbers associated with the two review criteria just mentioned. Finally, we cannot cap the amount that we bill .... this has already taken some time to review the submitted material and write this email. We bill at $245.00 an hour, this may go over four hours of staff time. Let me know how you want to proceed. - `T&CEi�/% JevwUu r f heian, Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 Villa of Aspen Townhouses Association Aspen Resort Accommodations 100 South Spring Street Aspen, CO 81611 Tel 970 -925 -4772 — Fax 907- 925 -9014 July 31, 2008 Community Development Department City of Aspen Attn: Jennifer Phelan, Deputy Director 130 South Galena Street Aspen, CO 81611 Dear Ms. Phelan: This letter confirms that the Villa of Aspen Townhouses Association Board has approved the application of Units 8, 10, 24, 25, and 34 for decks. Plans have been submitted to the Board and the project is approved as outlined. We appreciate your assistance in expediting required permits. Sincerely yours, Michael Levine Villa Association Board President July 30, 2008 To: City of Aspen Planning Department Re: PUD Amendment # 0034.2008.ASLU Dear Sirs: We are the owners of Unit 8 at the Villas of Aspen, 100 N. a Street. We authorize John Wheeler and Wheeler Architecture to act as our representative in the processing of the proposed insubstantial amendment to the PUD for the purpose of adding a deck to our unit. ���7��- Ne. Siegel p� Elizalt eth N. Siegel John Wheeler From: Neil B. Siegel [Neilbsiegel @yahoo.com] Sent: Monday, August 04, 2008 10:08 PM To: John Wheeler Subject: Re: PUD amendment we agree. A signed letter confirming the representation has been mailed today. Liz and Neil Siegel — Original Message — From: John Wheeler To: Neil B. Siegel Sent: Monday, August 04, 2008 4:38 PM Subject: PUD amendment Neil: Please note: Page 1 of 1 Wheeler Architecture is hereby authorized to represent unit 8, owner Liz and Neil Siegel, for an amendment to the original Villa of Aspen PUD. Please authorize this with a return E -mail followed by a signed copy US mail or to be picked up. Wheeler Architecture 48 Katydid Lane Snowmass CO 81611 Phone: (970) 927-9765 Fax: (970) 927 -0778 Email: wap @sopris.net No virus found in this incoming message. Checked by AVG - http: //w .avg.com Version: 8.0.138 / Virus Database: 270.5.12/1592 - Release Date: 8/5/2008 6:03 AM John Wheeler From: Susie Gardner [susie @pointmade.com] Sent: Monday, August 04, 2008 7:33 PM To: 'John Wheeler' Subject: RE: PUD amendment John, Please represent us regarding the PUD amendment on Unit 10. Thank you, Susie Gardner Pinion Properties 218 E. Valley Road Suite 104 -335 Carbondale, CO 81623 970.927.4206 (0) 970.927.4249 (F) 404.406.4800 (C) susie @pointmade.com - - - -- Original Message---- - From: John Wheeler [mailto:wap @sopris.net] Sent: Monday, August 04, 2008 4:31 PM To: Susie Gardner Subject: PUD amendment Susie: Please note: Page 1 of 1 Wheeler Architecture is hereby authorized to represent unit 10, owner Susie Gardner for an insubstantial amendment to the original Villa of Aspen PUD. Please authorize this with a return e-mail followed by a signed copy US mail. Wheeler Architecture 48 Katydid Lane Snowmass CO 81611 Phone: (970) 927 -9765 Fax: (970) 927 -0778 Email: wap @soprs.net John Wheeler From: John Wheeler [wap @sopds.net] Sent: Monday, August 04, 2008 4:42 PM To: Patricia Overton Subject: PUD letter Page 1 of 1 Patricia: Please note: Wheeler Architecture is hereby authorized to represent unit 24, owner Patricia Overton, for an amendment to the original Villa of Aspen PUD. Please authorize this with a return e-mail followed by a signed copy US mail or to be picked up. Wheeler Architecture 48 Katydid Lane Snowmass CO 81611 Phone: (970) 927 -9765 Fax: (970) 927 -0778 Email: wap @sopds.net Page 1 of 1 John Wheeler From: PO316 @aol.com Sent: Tuesday, August 05, 2008 9:06 AM To: wap @sophs.net Subject: Re: PUD letter yes i agree to John Wheeler getting my doc. Patricia Overton Looking for a car that's sporty, fun and fits in vour budaet? Read reviews on AOL Antnc John Wheeler From: John Paris [johnhparis @hotmail.com] Sent: Monday, August 04, 2008 7:52 PM To: John Wheeler Subject: RE: PUD letter To the C07.Planning Dept. Page 1 of 1 John Wheeler represents VOA owner John Paris for #25. Thank you for working with him on this effort. John Paris From: wap @sopris.net To: johnhparis @hotmail.com Subject: PUD letter Date: Mon, 4 Aug 2008 16:27:02 -0600 John: Please note: Wheeler Architecture is hereby authorized to represent unit 25, Owner John Paris, for an amendment to the original Villa of Aspen PUD. Please authorize this with a return e-mail followed by signed copy US mail. Wheeler Architecture 48 Katydid Lane Snowmass CO 81611 Phone: (970) 927 -9765 Fax: (970) 927-0778 Email: wap @sopds.net Reveal your inner athlete and share it with friends on Windows Live. Share now! No virus found in this incoming message. Checked by AVG - http: / /www.avg.com version: 8.0.138 / Virus Database: 270.5.12/1591 - Release Date: 8/4/2008 7:23 PM ..% John Wheeler From: John Wheeler [wap @sopds.net] Sent: Monday, August 04, 2008 4:35 PM To: McBay Associates Subject: PUD amendment Sharon: P[@ase note: Page 1 of 1 Wheeler Architecture is hereby authorized to represent unit 34, owner Sharon McBay, for an insubstantial amendment to the original Villa of Aspen PUD. Please authorize this with a return e-mail followed by a signed copy US mail. Wheeler Architecture 48 Katydid Lane Snowmass CO 81611 Phone: (970) 927-9765 Fax: (970) 927-0778 Email: wap @sopds.net L(/ /GL �lLGViQ���J JOI�4:r 1115 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin ) 1, &hrnG Muhioirwa, (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) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: VPublication 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 no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. 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 no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature ' +� The foregoing "Affidavit of Notice" was acknowledged before me this ,?Zday of !Gpjp e rlt Pr` 200 , by bonvtit, t!'l440'wa PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colder. Revised Statutes, pertain ing to the fallowing described property: 100 N. 8th SL, also known as The Villa of Aspen TownM1OUSes, by the omer of the Community De velopment Director on September 9, 2008 the ap plicant race vetl approval bf a Insubstantial PUD Amendment for miscellaneous doe gn, structural antl arch17%ga cM1anges to iM1e b Itling. For furt her nfpnnafion contact Antlras Hi 11 4 at the City of Aspen Community Development Dept. 130 S. Galena St., Aspen, Colorado (970) 429 -279]. . City of Aspen Put,Zmd in the Aspen Times Weekly on Septem her 21, 2008. (2 ^, WITNESS MY HAND AND OFFICIAL SEAL My commission expires: C�Rj ( 6 rac-)l 0 Notary Public U ATTACHMENTS: LAURA MEYErr COPY OF THE PUBLICATION 9� My Comro;011 l:Xakei 081101209: Andrea Hingley From: Jennifer Phelan Sent: Tuesday, June 17, 2008 8:48 AM To: 'John Paris' Cc: Travis Coggin Subject: RE: Villa of Aspen Town homes new decks John: A land use application was previously filed to allow enclosure of existing decks and the addition of some new decks. On the site plan that was in the file only certain units were allowed to add decks. A PUD is a site specific development plan and the plat should be clarified and amended if additional decks are added. The PUD amendment needs to be approved by the City, since the HOA for the Villas cannot determine that additional decks may be built and then amend their declarations as the city does not recognize private declarations ... we need to go by what was approved in the land use application. I hope this helps clarify the issue. Jevui.Gfev 1zh.ela w, Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com From: John Paris [mailto:johnhparis @hotmail.com] Sent: Monday, June 16, 2008 9:26 PM To: Jennifer Phelan Subject: FW: Villa of Aspen Town homes new decks From: johnhparis @hotmail.com To: travis.coggin@ci.aspen.co.us;jenniferpl@ci.aspen.co.us; claude.salter @ci.aspen.co.us; wap @sopris.net CC: mlevine @gmail.com; carishurman@comcast.net; snaidoff @msn.com; sue.atkinson @comcast.net; gshennanzg @aol.com Subject: Villa of Aspen Town homes new decks Date: Tue, 17 Jun 2008 03:09:20 +0000 Dear Gentlepeople, Mr. Coggin and I spoke regarding the contents of this letter. He asked me to compose my understanding of the VOA deck program in order to include all of the remaining units into a PUD. Mr. Coggin asked about the 1989 PUD plat which identifies some units as having preliminary approval for new decks onto the common element. Due to the existence of trees, 12 units were not marked yes or no and required approval under future BODY discretion. Our manager (Nancy in #2) was one of the 12. She received approval for a minideck in 1992. #11 and #5 followed and the trees were preserved/respected. Then the BOD stopped approving units from our group and referred to the 1989 Plat as justification. I then began to study the Plat. The 1989 VOA president certified that the 1989 PUD Plat was 'prepared according to the current Amended Condominium Declarations' Book 22 pg 52. That amendment states 'each owner shall have the right to convert his deck from limited common element into a portion of the Town home Unit by total enclosure of the same' and 'this was approved the owners representing 85% or more of the units.' Book 592 pg 39. It says nothing about excluding select units from participating in the redistribution of community property, in fact it says nothing about building new decks for anyone. Since no other amendments to our declarations exist, I asked our BOD to provide the remaining owners with a legitimate reason for exclusion from the deck program or to consider us as participants, which they kindly did. From the standpoint of Common property law there is no distinction between the original 12 units and the original 24 that were tentatively preauthorized by Rick (our president) in 1989. And since he certified that the Plat represents our Amended Declarations, any ambiguities on the Plat should be clarified by the fact that our BOD has authorized the 2007 and 2008 decks and no amendments or vote of any kind has ever existed to exclude our units from participation. Mr. Coggin informed me that the City wants to make final sense of our deck program. An inconsequential amendment may solve the problem for my unit but this does not solve the problem for my immediate neighbors, #24 and #26, who have been approved for new decks but do not want to build this year. The BOD has offered to notate the approval of these decks on our 2009 property Plat but that is not an adequate solution. Those owners would still be unprotected, since a current property Plat is meant to reflect only what's actually built on the ground. An a Amended PUD Plat which incorporates the approved/unbuilt decks and corrects the deficits of the 1989 PUD Plat is still needed. You may wonder if we need to get a 85% vote in order to draw an Amended PUD plat which validates every 1989 to 2008 deck and every potential future deck. In the interests of time I ask you to approve the 3 permits you are now holding up. Over 90% of Villa owners will then have decks on the ground and nobody is going to vote to tear out their own deck. Our BOD has voiced their intention to dot the is and cross the is on the deck program but they want to do it carefully. They are currently overworked with the physical details of construction. If you want to hold off on giving me the C.O. for #25 until you receive the solution for all of our town homes decks, I have confidence our BOD will satisfy your /our interests. Sincerely, John Paris #25 Villa of Aspen Townhomes RECEIVED JUL 18 2008 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ASPEN Agreement for Payment of City of Aspen Development Application Fees COMMUNITY DEVELOPMENT CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS F, APPLICANT has submitted to CITY an application for 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 detem)ination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ „j_5 'Which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, AP LICANT 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 $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. oe CITY OF ASPEN APPLICANT lBy: Bg _ �_ > _ U c Chris Bendon Community Development Director Date: —7 LA4,9 Bill To Mailing Address and Telephone Number: /V-" j re C--)- !L�✓.� - �L,�- i ` 5� LU/ 'r W.-. i V -;f t ATTACHMENT 2 —LAND USE APPLICATION APPLICANT: Name: V /GG Location: /t'C' 'Z"' '!�' S Jy2 E 7 QS ef c9' (Indicate street address lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) RFPR FS F.NTAJ'IVF.: Name: J{1 (jz/� 1,2 TIC TG7�� Address: Phone #: 0 " 51Z ItJ ✓� PROJECT: Name: V/ G 6,q e -G— D U S 4!y Address: ��OC/ Phone #: TYPE of APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condommiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) he A'( //" / S 3 /o c%ysr s 2 3 - &-t l 3 - Zts 57` ,ems -� /9S )5,e Z 2 s' z a "'t qoq ?RoPosAL: (description of proposed buildings, uses, modifications, etc.) Have you attached the following? FEES DUE: $ - �Pre- Application Conference Summary Attachment #1, Signed Fee Agreement ® Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements - Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. FIA V;� 65 ATTACHMENT DIMENSIONAL REQUIREMENTS FORM Project: 1//t- 4- fr 6; � 115,f!5 / ]`o <</.rr/ d20 v S -z- _S- Applicant: Ll.v 1" E/ 2 S �j 3 4 P (--Le S Gtr/ !r /v F Z¢ Location: _<e T //"51�� Zone District: Lot Size: -7 Ila-6— S Lot Area: / e°& r"4 - N't P"01, A- /ay s /�Pl✓G /G¢� /cqt. (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: Proposed: Number of residential units: Existing. 3 & Proposed NO C zr(i C E Number of bedrooms: Existing: l S� Proposed: /1!a C "I-41V 6 E -33ie✓zN 13- 28,0.2nt Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: S (o (Z °Allowable: Proposed: /V o G /-� 6 it Principal bldg. height: Existing: -L,?' Allowable: Proposed. N v cFq 6 G Access. bldg. height: Existing: i IS- - to .allowable: Proposed: Vf kpl"L� 6 < On -Site parking: Existing Required. Proposed: N D L/F9ti 6f- % Site coverage: Existing: 'Z1, :7 Required. Proposed: No C/ l 9NG % Open Space: Existing: 8 1, 7 Required. Proposed: */• S 3 Front Setback: Existing. Required: Proposed: Rear Setback: Existing. Required: Proposed: Combined F/R: Existing: Required. Proposed: Side Setback: Existing: Required. Proposed: No T Side Setback: Existing. Required: Proposed. PGic —lam Combined Sides: Existing. Required: Proposed. r✓2 /✓O Distance Between Existing Required. Proposed. Buildings Existing non - conformities or encroachments: Variations requested: 1/./ /T 3¢' D =< !c K/L 7� G�►rs E S� vrz� T Ssf- N9 c Gz�7��L -N JOhfl C. WMECLCR • AIA IL:J] AR(tt I i f c r u F f & F L A n F1 I r 6 Memorandum: To: Jenifer Phelan - Deputy Director - Community Development Director .> City of Aspen 130 S. Galena Street Aspen CO 81611 From: John Wheeler - Wheeler Architecture and Planning 48 Katydid Lane Snowmass CO 81654 970- 927 -9765 - Date: 7118/08 Re: Villa of Aspen Townhouses: Insubstantial PUD amendment Please see attached supporting documents for the purpose of processing an insubstantial amendment to the Villa of Aspen townhouses PUD. We have enclosed a reconciliation sheet to assist in this review. The information is taken from field documentation by the architect and is deemed accurate. There are 5 units included with this application. Unit 8, 25: and 34 have been submitted for permit and are pending plan checkr completion subject to this action. The only question for these units is the planning department approval for the new proposed decks: Unit 10 and 24 have received home owner approval to construct new decks as outlined and will submit for permit at a later date. The first PUD amendment in 1989 did not clearly outline :these proposed decks. The second amendment does indicate some new decks not shown on the first amendment but only included those decks that were built by 1997. We have included half size copies of these amendments to assist with this review. Please let us know what additional information you require to facilitate this review. The Villas of Aspen have been undergoing an extensive renovation and restoration project over the past two years. The base permit for this project is 23.2007 ARGR.. The survey included in this package is stamped and signed in that permit package. The work has been started to file a third amended plat at the completion of the current work. Hopefully this will provide the necessary information to allow the current pending building permits to proceed to issuance. Thank you for your attention to this matter. 68 KAT V010 LANE SNOWMASS COLORADO 81654 PHONE. 970 927 9765 FAX: 97C 927 0778 Jennifer Phelan From: John Wheeler [wap @sopris.net] Sent: Wednesday, August 06, 2008 2:37 PM To: Jennifer Phelan Subject: FW: PUD amendment authorization Jennifer: Please see attached for authorization from unit 34 Owner Sharon Mcbay. - - - -- Original Message---- - From: McBay Associates (mailto :mcbayassociates @ yahoo.com] Sent: Wednesday, August 06, 2008 1:07 PM To: John Wheeler Subject: Re: PUD amendment �.J John: I did not have access to my e-mail: thus, the delay in requested response. I am back in town now and can write whatever is now needed and hand deliver it to whomever. In response to an earlier e -mail from Neil, I authorized Neil Siegal to be my agent re PUD issue. Will that authorization be sufficient? SHMcBay - -- On Mon, 8/4/08, John Wheeler <wagp oaris.net> wrote: From: John Wheeler <wap @sopris.net> Subject: PUD amendment To: "McBay Associates" <mcbayassociates @yahoo.com> Date: Monday, August 4, 2008, 6:34 PM Sharon: Please note: Wheeler Architecture is hereby authorized to represent unit 34, owner Sharon McBay, for an insubstantial amendment to the original Villa of Aspen PUD. Please authorize this with a return e-mail followed by a signed copy US mail. Wheeler Architecture 48 Katydid Lane Snowmass CO 81611 Phone: (970) 927 -9765 Fax: (970) 927-0778 Email: wap(a-)sopris.net No virus found in this incoming message. Checked by AVG - http: / /www.avg.com CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS F( APPLICANT has submitted to CITY an anolication for THE PROJECT). RECEIVED JUL 18 20t1R CITY OF ASPEN COMMUNITY DEVELOPMENT =..0 / Ha �E 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 certainly 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 $_ 7 � 5- which is for ti _ hours of Community Development staff me, and if actual recorded costs exceed the initial deposit, AP LICANT 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 $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT . l Chris Bendon - / Community Development Director Date: Bill To Mailing Address and Telephone Number: K ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: Name: V /G L -7 O'l Location: /4' , i, 5 1'-Vg- '. 7 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) L S i Z o 0 > REPRESENTAIWE: Name : t/ -r C"F i—�' e-' Address: 4 `°err%/ -0 L Phone #: L5 r' PROJECT: Name: G L !J Address: Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other- Lot Line Adjustment ❑ Text/Map Amendment E%ISMG CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) A!J LlA/rTS 'ROPOSAL: (description of proposed buildings, uses, modifications. etc.) VV r /s'L) 104-f7- L i '0 co Have you attached the following? FEES DUE: 2 'l ' E-Pre- Application Conference Summary ® Attachment 41, Signed Fee Agreement ® Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements - Including Written Responses to Review Standards All plans that are larger than 8S" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. a �4S Project: Applicant: "j. Location: Zone District: Lot Size: Lot Area: ATTACHMENT DIMENSIONAL REQUIREMENTS FORM O� fi. 5 -"G5 lJ %O 1/ S :C- _5' LJ.v,T S�2W � �4- C, L1.ulY /o ZQ `T -7 f9-C ez�z--_ S (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. j1 b.tiE Proposed: Number of residential units: Existing: 3 Co Proposed: /t/ n C E Number of bedrooms: Existing: f7�Proposed: /✓o C Fl1410 6 C Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: S (o 12oAllowable: Proposed. IV o L ^�� t✓ Principal bldg. height. Existing. -Lt ' ± Allowable. Proposed. N y L EF q 6 Access. bldg. height: Existing: IS"- lo'Ltllowable: Proposed: lV a N4 ti G On -Site parking: Existing:J'-0 Required. Proposed. jy D % Site coverage: Existing. -Z-'l , 3 % )?equired: Proposed: 1V62 614 4NG % Open Space: Existing: 01,-7 Required. Proposed. el, S 3 Front Setback: Existing: Required. Proposed. Rear Setback: Existing: Required. Proposed Combined F/R: Existing: Required: Proposed: Side Setback: Existing. Required. Proposed: N40 T Side Setback: Existing: Required: Proposed. -A"5 Combined Sides: Existing. Required. Proposed: lvo Distance Between Existing Required.' Proposed: Buildings Existing non - conformities or encroachments: Variations requested: 1/.t/ /J<C /c �- <(l e 12-41i9'Gi`1 Gam -- -7 � 0 To From: Date: Re: JOnn < WMCLfR AiA A R(NITec T U R I & PLAnflinfi Memorandum: RECE1Va p !r�C 1 cr ry'It , 182008 �0^� UMTK of tt PM NT Jenifer Phelan - Deputy Director - Community Development Director City of Aspen 130 S. Galena Street Aspen CO 81611 John Wheeler- Wheeler Architecture and Planning 48 Katydid Lane Snowmass CO 81654 970 - 927 -9765 7/18/08 Villa of Aspen Townhouses: Insubstantial PUD amendment Please see attached supporting documents for the purpose of processing an insubstantial amendment to the Villa of Aspen townhouses PUD. We have enclosed a reconciliation sheet to assist in this review. The information is taken from field documentation by the architect and is deemed accurate. There are 5 units included with this application. Unit 8, 25 and 34 have been submitted for permit and are pending plan check completion subject to this action. The only question for these units is the planning department approval for the new proposed decks. Unit 10 and 24 have received home owner approval to construct new decks as outlined and will submit for permit at a later date. The first PUD amendment in 1989 did not clearly outline these proposed decks. The second amendment does indicate some new decks not shown on the first amendment but only included those decks that were built by 1997. We have included half size copies of these amendments to assist with this review. Please let us know what additional information you require to facilitate this review. The Villas of Aspen have been undergoing an extensive renovation and restoration project over the past two years. The base permit for this project is 23.2007 ARGR. The survey included in this package is stamped and signed in that permit package. The work has been started to file a third amended plat at the completion of the current work. Hopefully this will provide the necessary information to allow the current pending building permits to proceed to issuance. Thank you for your attention to this matter. 48 KATYDID LANE SNOWMASS COLORADO 81654 PHONE. 9/0 927 9765 FAX 970 927 0778 RECEIVE® CITY OF ASPEN COMMUNITY DEVELOPMENT Memorandum: 'To: Jenifer Phelan - Deputy Director - Community Development Director City of Aspen 130 S. Galena Street Aspen CO 81611 From: John Wheeler -Wheeler Architecture and Planning 48 Katydid Lane Snowmass CO 81654 970 - 927 -9765 Date: 6/19/08 Re: Villa of Aspen Townhouses: Unit 25 - permit # 0051- 2008.ARBU The purpose of this memo is to formally request an insubstantial amend to the existing PUD for the Villas of Aspen for the proposed decks for unit 25. The proposed decks have been approved by the HOA and the gross area is 5 x 12 or 60 Sq. Ft. on the main level and 4'x 20' plus 2'x 9' or 96 sq. ft. on the upper level. The permit application was received on 4/8/08. Thank you for meeting with us to discuss this project on May 16, 2008 I am enclosing the area take offs to assist with the processing of this application. As the permit submittal includes all the pertinent information I am enclosing one copy of the plans showing the proposed deck addition. Pursuant to aspen land use code section 26.445.100 amendment of PUD development order the above request falls into the insubstantial category as follows. 1- There is no change in the use or character of the development. 2- The increase is less than 3% in the overall coverage of structures on the land. 3- The proposed amendment does not increase trip generation rates of the original proposed development or the demand for public facilities. 4- The reduction of the original proposed open space is not reduced by greater than 3 %. 5- The off street parking is not reduced. 6- There is no reduction in required pavement widths or right of ways for streets and easements. 7- There is no increase in the approved gross lease -able floor area of commercial buildings. r, 8- There is no increase of residential density for the development. 9- This request is not inconsistent with any conditions of the project's original approval or dimensional requirements. Note the gross deck area at 156 sq. ft. is less than 15% of the unit floor area. Therefore no additional FAR is associated with this request ,.CC John Paris — Owner unit 25 Villa of Aspen Travis Coggin — Planning Department City of Aspen �pp$ mffd* r i N3":10 SVTIA 0 0 F1 ;Ig MMI am p i� col "d s t s h 1 u F.A.R. CALCULATIONS WHEELER ARCHITECTURE Villas of Aspen unit 25 building H (NNE 19, 2008) - Existing FAR Included area Actual S.F. FAR SY Basement 533 94.34 Main Level 569 569 Upper Level 613 613 Sub —Total 1715 1276.34 Garage/ Storage Other Area (Decks) 240 9.13 Total: 1285.61 Proposed New FAR Included area Actual S.F. FAR ST Basement 533 94.34 Main Level 709 709 Upper Level 693 693 Sub — Total 2140.2 1496.34 Garage/ Storage Other Area (Decks) 156 Total: 1496.34 * Basement perimeter area = 746 S.F. W/ 132 S.F exposed or 17.70 %. AREA CALCULATIONS WHEELER ARCHITECTURE Villas of Aspen site coverage (August 4, 2008) Building A Included unit Building area Unit one 710 Unit two 790 Unit three 742 Unit four 710 Sub —Total Building B 2952 Deck area 115 115 152 119 501 Included unit Building area Deck area Unit five 790 119 Unit six 790 78 Unit seven 710 112 Sub —Total 2290 309 Building C Included unit Building area Deck area Unit eight 754 (119) (proposed) Unit nine 754 84 Unit ten 674 (80) (proposed) f a, Unit eleven 790 94 Sub —Total 2972 377 Building D Included unit Building area Deck area Unit fifteen 710 115 Unit twelve 790 175 Unit thirteen 790 140 Unit fourteen 790 140 Sub —Total 2370 455 Building E Included unit Building area Deck area Unit fifteen 710 115 Unit sixteen 790 115 Unit seventeen 710 80 Unit eighteen 790 132 Sub —Total 3000 442 Building F Included unit Building area Deck area Unit nineteen 790 140 Unit twenty 750 168 Sub —Total 1540 308 0- Building G Included unit Building area Deck area Unit twenty -one 790 112 Unit twenty- two 790 98 Unit twenty- three 790 158 Sub —Total 2370 368 Building H Included unit Building area Deck area Unit twenty -four 710 (102) (proposed) Unit twenty - five 710 (156) (proposed) Unit twenty -six 790 140 Sub —Total 2210 258 Building K Included unit Building area Deck area Unit twenty -seven 710 158 Unit twenty- eight 710 140 Unit twenty -nine 790 140 Unit thirty 790 140 Unit thirty -one 754 156 Sub —Total 3754 734 Building I Included unit Building area Deck area Unit thirty -two 715 138 Unit thirty -three 790 140 Unit thirty -four 790 (119) proposed Unit thirty -five 710 200 Unit thirty -six 710 168 Sub —Total 3712 765 Site coverage units 27,170 4517 (576) Mail /Trash/Storage 260 Total 27,430 Lot area = 111,188 including slope reduction as previously calculated. Site coverage existing = 31,371 or 28.21% Site coverage proposed = 31,947 or 28.73 % Site coverage increase =.52% which is less than 3% AREA CALCULATIONS WHEELER ARCHITECTURE Villas of Aspen open space (August 4, 2008) 2 bedroom area = 534 + 140 + 80 = 754 SF 3 bedroom area = 614 + 140 + 80 = 834 SF Building Area SF Decks SF (proposed) Building A 3176 501 2 -2br & 2 -3br Building B 2422 309 2 -3br & 1 -2br Building C 3176 178 (199) 2 -3br & 2 -2br Building D 2502 455 3 -3br Building E 3176 442 2 -3br & 2 -2br Building F 1668 308 2 -3br Building G 2502 368 3 -3br Building H 2342 --- (258) 1 -3br & 2 -2br Building J 4010 646 (119) 3 -3br & 2 -2br Building K 4010 734 3 -3br & 2 -2br Total 28,984 3941 (576) Mail /Trash/Storage 260 Total 29,244 Site area = 3.97 acres x 43,560 = 172,933 SF Total coverage existing 33,185 or 19.19% Total coverage proposed = 33,761 or 19.52% Site coverage increase = .33% increase which is less than 3% F.A.R. CALCULATIONS WHEELER ARCHITECTURE Villas of Aspen Building A (AUGUST 4, 2008) FAR Building A unit 1 -2br Included area Actual S.F. FAR ST Basement 534 25 Main Level 710 710 Upper Level 694 694 Sub —Total 1429 Other Area (Decks) 115 Total: 1429 FAR Building A unit 2 — 3br Included area Actual S.F. FAR ST Basement 614 26 Main Level 790 790 Upper Level 774 774 Sub — Total 1590 Other Area (Decks) 115 Total: 1590 FAR Building A unit 3 — 3br Included area Actual S.F. FAR ST Basement 614 91 Main Level 742 742 Upper Level 774 774 Sub —Total 1607 Other Area (Decks) 152 Total: 1607 FAR Building A unit 4- 2br Included area Actual S.F. FAR ST Basement 534 112 Main Level 710 710 Upper Level 694 694 Sub — Total 1516 Other Area (Decks) 119 Total: 1516 Total Building A FAR 4226 F.A.R. CALCULATIONS WHEELER ARCHITECTURE Villas of Aspen Building B (AUGUST 4, 2008) FAR Building B unit 5 — 3br Included area Actual S.F. FAR ST Basement 614 27 Main Level 790 790 Upper Level 774 774 Sub —Total 1591 Other Area (Decks) 119 Total: 1591 FAR Building B unit 6 — 3br Included area Actual S.F. FAR SY Basement 614 75 Main Level 790 790 Upper Level 774 774 Sub — Total 1639 Other Area (Decks) 78 Total: 1639 FAR Building B unit 7 — 2br Included area Actual S.F. FAR SY Basement 534 43 Main Level 710 710 Upper Level 694 694 Sub —Total 1447 Other Area (Decks) 112 Total: 1447 Total FAR Building B 4677 F.A.R. CALCULATIONS WHEELER ARCHITECTURE Villas of Aspen Building C (AUGUST 4, 2008) FAR Building C unit 8- 3br Included area Actual S.F. FAR ST Basement 614 89 Main Level 754 753.4 Upper Level 774 773.4 Sub —Total 1616 Other Area (Decks) 119 (proposed) Total: 1616 FAR Building C unit 9 — 2br Included area Actual S.F. FAR SY Basement 534 100 Main Level 754 754 Upper Level 694 694 Sub — Total 1548 Other Area (Decks) 84 Total: 1548 FAR Building C unit 10 — 2br Included area Actual S.F. FAR ST Basement 534 99 Main Level 674 674 Upper Level 694 694 Sub —Total 1476 Other Area (Decks) 80 (proposed) Total: 1476 FAR Building C unit 11 -3br Included area Actual S.F. FAR ST Basement 614 146 Main Level 790 790 Upper Level 774 774 Sub — Total Other Area (Decks) Total: Total FAR Building C wl F.A.R. CALCULATIONS WHEELER ARCHITECTURE Villas of Aspen Building D (AUGUST 4, 2008) FAR Building D unit 12 — 3br Included area Actual S.F. 1710 1710 6366 FAR ST Basement 614 109 Main Level 790 790 Upper Level 774 774 Sub —Total 1673 Other Area (Decks) 175 Total: 1673 FAR Building D unit 13 — 3br Included area Actual S.F. FAR SY Basement 614 94 Main Level 790 790 Upper Level 774 774 Sub — Total 1658 Other Area (Decks) 140 Total: 1658 FAR Building D unit 14 -3br Included area Actual S.F. FAR S.F Basement 614 24 Main Level 790 790 Upper Level 774 774 Sub —Total 1588 Other Area (Decks) 140 Total: 1588 Total FAR building D 4919 F.A.R. CALCULATIONS WHEELER ARCHITECTURE Villas of Aspen Building E (AUGUST 4, 2008) FAR Building E unit 15 -2br Included area Actual S.F. FAR ST Basement 534 29 Main Level 710 710 Upper Level 694 694 Sub —Total 1433 Other Area (Decks) 115 Total: 1433 FAR Building E unit 16 -3br Included area Actual S.F. FAR ST Basement 614 77 Main Level 790 790 Upper Level 774 774 Sub — Total 1641 Other Area (Decks) 115 Total: 1641 FAR Building E unit 17 -2br Included area Actual S.F. FAR ST Basement 614 194 Main Level 710 710 Upper Level 694 694 Sub —Total 1598 Other Area (Decks) 80 Total: 1598 FAR Building E unit 18 -3br Included area Actual S.F. FAR ST Basement 614 121 Main Level 790 790 Upper Level 774 774 Sub — Total Other Area (Decks) Total: Total FAR Building E 132 F.A.R. CALCULATIONS WHEELER ARCHITECTURE Villas of Aspen Building F (AUGUST 4, 2008) FAR Building F unit 19 -3br Included area Actual S.F. 1685 1685 6357 FAR ST Basement 614 105 Main Level 790 790 Upper Level 774 774 Sub —Total 614 1669 Other Area (Decks) 140 790 Upper Level 774 774 Total: 1669 FAR Building F unit 20 -3br Included area Actual S.F. FAR ST Basement 614 74 Main Level 750 750 Upper Level 774 774 Sub — Total 1598 Other Area (Decks) 168 Total: 1598 Total FAR Building F 3267 F.A.R. CALCULATIONS WHEELER ARCHITECTURE Villas of Aspen Building G (AUGUST 4, 2008) FAR Building G unit 21 -3br Included area Actual S.F. FAR ST Basement 614 161 Main Level 790 790 Upper Level 774 774 Sub —Total 1725 Other Area (Decks) 112 Total: 1725 FAR Building G unit 22 -3br Included area Actual S.F. FAR SY Basement 614 50 Main Level 790 790 Upper Level 774 774 Sub — Total 1614 Other Area (Decks) 98 Total: 1614 FAR Building G unit 23 Included area Actual S.F. FAR S.F Basement 614 85 Main Level 790 790 Upper Level 774 774 Sub —Total 1649 Other Area (Decks) 158 Total: 1649 Total FAR building G 5048 F.A.R. CALCULATIONS WHEELER ARCHITECTURE Villas of Aspen Building H (AUGUST 4, 2008) FAR Building H unit 24 -2br Included area Actual S.F. FAR ST Basement 534 202 Main Level 710 710 Upper Level 694 694 Sub —Total 1606 Other Area (Decks) 102 (proposed) Total: 1606 FAR Building H unit 25 -2br Included area Actual S.F. FAR S.F Basement 534 101 Main Level 710 710 Upper Level 694 694 Sub — Total 1505 Other Area (Decks) 156 (proposed) Total: 1505 FAR Building H unit 26 -3br Included area Actual S.F. FAR SY Basement 614 61 Main Level 790 790 Upper Level 774 774 Sub —Total 1625 Other Area (Decks) Total: 1625 Total FAR building H 4736 F.A.R. CALCULATIONS WHEELER ARCHITECTURE Villas of Aspen Building K (AUGUST 4, 2008) FAR Building K unit 27 -2br Included area Actual S.F. FAR ST Basement 534 133 Main Level 710 710 Upper Level 694 694 Sub —Total Other Area (Decks) 158 1537 Total: 1537 FAR Building K unit 28 2br Included area Actual S.F. FAR ST Basement 534 148 Main Level 710 710 Upper Level 694 694 Sub — Total 1702 Other Area (Decks) 140 Total: 1702 FAR Building K unit 29 3br Included area Actual S.F. FAR SY Basement 614 192 Main Level 790 790 Upper Level 774 774 Sub —Total 1756 Other Area (Decks) 140 Total: 1756 FAR Building K unit 30 -3br Included area Actual S.F. FAR SY Basement 614 190 Main Level 790 790 Upper Level 774 774 Sub —Total 1754 Other Area (Decks) 140 Total: 1754 FAR Building K unit 31 -3br Included area Actual S.F. FAR S.F Basement 614 160 Main Level 754 754 Upper Level 774 774 Sub — Total 1688 Other Area (Decks) 156 Total: 1688 Total FAR building K 8437 F.A.R. CALCULATIONS WHEELER ARCHITECTURE Villas of Aspen Building J (AUGUST 4, 2008) FAR Building J unit 32 -3br Included area Actual S.F. FAR ST Basement 614 75 Main Level 715 715 Upper Level 774 774 Sub —Total 1564 Other Area (Decks) 138 Total: 1564 FAR Building J unit 33 -3br Included area Actual S.F. FAR SY Basement 614 76 Main Level 790 790 Upper Level 774 774 Sub — Total 1640 Other Area (Decks) 140 Total: 1640 FAR Building J unit 34 -3br Included area Actual S.F. FAR SY Basement 614 127.2 Main Level 790 789.4 Upper Level 774 773.4 Sub —Total 1690 Other Area (Decks) 119 (proposed) Total: 1690 FAR Building J unit 35 -2br Included area Actual S.F. FAR SY Basement 534 15 Main Level 710 710 Upper Level 694 694 Sub —Total 1419 Other Area (Decks) 200 Total: 1419 FAR Building J unit 36 -2br Included area Actual S.F. FAR SY Basement 534 83 Main Level 710 710 Upper Level 694 694 Sub — Total Other Area (Decks) 168 1487 Total: 1487 Total FAR building J 7800 Total FAR buildings A B,C,D,E,F,G,H,K & J 55,844 Mail 106 Trash 64 Storage 90 Total FAR 56,104 NOTICE OF APPROVAL For an Insubstantial PUD Amendment to The Villa of Aspen Townhouses, 100 N. 8th St. APPLICANT: Neil B. & Elizabeth N. Siegel (Elnit 8) 273512313034 Susie Gardner (Unit 10) 273512313021 Patricia Overton (Unit 24) 273512313015 John Paris (Unit 25) 273512313017 Sharon McBay (Unit 34) 273512313009 REPRESENTATIVE: John Wheeler SUBJECT & SITE OF AMENDMENT: Villa of Aspen Townhouses, 100 N. 8th St. SUMMARY: The applicant has requested an Insubstantial PUD Amendment to The Villa of Aspen Townhouses to add decks/balconies to several units. In 1989, the first PUD amendment for the property was approved (May 2, 1989, Book 4 page 296). It allows for a new deck to be built; however, the new deck "may not exceed deck area enclosed." A new deck footprint was not included for all units. The purpose of this amendment is to allow certain units that were not provided a new deck footprint in the first PUD Amendment the ability to build a deck/balcony now, so that all units shall have the same deck expansion allowance. A second PUD Amendment was recorded that showed the enclosed decks and balconies at the time of recording, but essentially appears to be a condominium plat. STAFF EVALUATION: Staff supports the proposed change to the Villa of Aspen Townhomes PUD. The changes (adding decks/balconies to certain units) are consistent with the original intent of the first PUD Amendment which allows decks/balconies to be added. Additionally staff would like to provide some clarity on whether a deck or balcony can be constructed once the original deck or balcony is enclosed. The applicants may build new decks or balconies so long as the new does not exceed the size of the deck area enclosed. DECISION: The Community Development Director finds the Insubstantial PUD Amendment application to be consistent with the intent of the PUD, and thereby APPROVES the amendment to allow for decks on certain units with the following conditions: ON0 0 m m is v �0 0 Z y °o a _n 0 0 n J °o a 3 Z J 00 0 C o°o m ?: A O 1. The size of the new deck may not exceed the size of the deck area enclosed. 2. The Parks department should review all plans, as the original approval requires any landscape material destroyed during construction be replaced with comparable or better materials. APPROVED APPROVED BY: — d6teoo Chris Bendon SFP 9 2008 COMMUNITY DEVELOPMENT DIRECTOR CITY OF ASPEN q. q—. Date V Community Development Director APPLICANT: Attachments: Exhibit A: Exhibit B: Exhibit C Review Criteria Application FAR calculations A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. There is no change in the use of the site, it will remain residential. 2. An increase by greater than three percent (3 %) in the overall coverage of structures on the land. The amount of additional sitq coverage is approximately. 52%, as described in the attached exhibit C, which includes slope reduction. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. Trip generation will not be impacted by this amendment. 4. A reduction by greater than three percent (3 %) of the approved open space. There is minimal change to the open space. There is approximately a. 33% (52% including slope reduction) decrease in the open space for the site. 5. A reduction by greater than one percent (I%) of the off - street parking and loading space. There is no change in the parking /loading space utilized by the use. 6. A reduction in required pavement widths or rights -of -way for streets and easements. There is no change in the ROW'S widths, streets or easements. 7. An increase of greater than two percent (2 %) in the approved gross leasable floor area of commercial buildings. N/A 8. An increase by greater than one percent (1 %) in the approved residential density of the development. No change to the residential aspect of the PUD. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. To: Bonn < Wrl([LfR • AiA A R C r11 T C C T U Rf 6 P A fl rl I fl0 Memorandum: ,f4, Y u ASPEN CITY COM UNITY DEVELOPM NT Jenifer Phelan - Deputy Director - Community Development Director City of Aspen 130 S. Galena Street Aspen CO 81611 From: John Wheeler -Wheeler Architecture and Planning 48 Katydid Lane Snowmass CO 81654 970 - 927 -9765 Date: 7/18/08 Re: Villa of Aspen Townhouses: Insubstantial PUD amendment Please see attached supporting documents for the purpose of processing an insubstantial amendment to the Villa of Aspen townhouses PUD. We have enclosed a reconciliation sheet to assist in this review. The information is taken from field documentation by the architect and is deemed accurate. There are 5 units included with this application. Unit 8, 25 and 34 have been submitted for permit and are pending plan check completion subject to this action. The only question for these units is the planning department approval for the new proposed decks. Unit 10 and 24 have received home owner approval to construct new decks as outlined and will submit for permit at a later date. The first PUD amendment in 1989 did not clearly outline these proposed decks. The second amendment does indicate some new decks not shown on the first amendment but only included those decks that were built by 1997. We have included half size copies of these amendments to assist with this review. Please let us know what additional information you require to facilitate this review. The Villas of Aspen have been undergoing an extensive renovation and restoration project over the past two years. The base permit for this project is 23.2007 ARGR. The survey included in this package is stamped and signed in that permit package. The work has been started to file a third amended plat at the completion of the current work. Hopefully this will provide the necessary information to allow the current pending building permits to proceed to issuance. Thank you for your attention to this matter. 48 KATYDID LANE SNOWMASS COLORADO 81654 PHONE_ 976927 9765 ❑AX. 970 927 0775 AREA CALCULATIONS WHEELER ARCHITECTURE Villas of Aspen open space (August 4, 2008) 2 bedroom area = 534 + 140 + 80 = 754 SF 3 bedroom area = 614 + 140 + 80 = 834 SF Building Area SF Decks SF (proposed) Building A 3176 501 2 -2br & 2 -3br Building B 2422 309 2 -3br & 1 -2br Building C 3176 178 (199) 2 -3br & 2 -2br Building D 2502 455 3 -3br Building E 3176 442 2 -3br & 2 -2br Building F 1668 308 2 -3br Building G 2502 368 3 -3br Building H 2342 - -- (258) 1 -3br & 2 -2br Building 4010 646 (119) 3 -3br & 2 -2br Building K 4010 734 3 -3br & 2 -2br Total 28,984 3941 (576) Mail /Trash /Storage 260 Total 29,244 Site area = 3.97 acres x 43,560 = 172,933 SF Total coverage existing 33,185 or 19.19% Total coverage proposed = 33,761 or 19.52% Site coverage increase = .33% increase which is less than 3% r ' Page 1 of 1 oce Pitkin County Transaction #: 11436 Janice K. Vos Caudill Receipt #: 200805584 Clerk and Recorder Cashier Date: 9/11/2008 3:21:36 PM 530 East Main Street (JHAAS) Aspen, CO 81611 (970) 429 -2707 www.PitkinClerk.org I I I II I I VI II VII I III I I VI II V I I I III Print Date: 9/11/2008 3:21:35 PM Customer Information Transaction Information Payment Summary DateReceived: 09/11/2008 Source Code: Over the Counter Q WHEELER Q Code: Over the Counter Total Fees $31.00 48 KATYDID LN SNOWMASS, CO 81654 Return Code: Over the Total Payments $31.00 Counter Trans Type: Recording Agent Ref Num: 1 Payments Ml- CHECK 3635 $31.00 1 Recorded Items BKPG : 0 /0 Reception: 552801 Date:9 11112008 R (NOTICE) NOTICE 3:21:34 PM From: To: I Recording @ $6 for Ipg and $5 for 2 or more pgs 6 $31.00 $1 Surcharge 0 Search Items 0 Miscellaneous Items file: / /C: \Program Files \RecordingModule \default.htm 9/11/2008 t DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order ", is hereby issued pursuant to Section 26.304.070, "Development Orders ", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. The Villa of Aspen Townhouses Property Owner's Name, Mailing Address and telephone number The Villa of Aspen Townhouses 100 N 8th St Aspen CO 81611, Parcel Numbers: 273512313034, 273512313021 273512313015 273512313017,273512313009 Legal Description and Street Address of Subject Property Approval of an Insubstantial PUT) Amendment allowing for the addition of decks/balconies to certain units. Written Description of the Site Specific Plan and /or Attachment Describing Plan Insubstantial PUD Amendment September 9, 2008 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Member 21 2008 Effective Date of Development Order (Same as date of publication of notice of approval.) September 22, 2011 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) 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