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HomeMy WebLinkAboutLand Use Case.211 Midland Park Pl.0048.2010.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0048.2010.ASLU PARCEL ID NUMBER 2737 07 4 12 708 PROJECTS ADDRESS 211 MIDLAND PARK PLACE PLANNER DREW ALEXANDER CASE DESCRIPTION INSUBSTANTIAL AMENDMENT PUD REPRESENTATIVE CINDY HOUBEN DATE OF FINAL ACTION 10.4.10 CLOSED BY ANGELA SCOREY ON: 10. 04.10 2737 - o ? - y - t2 -7 e Permit type Ing (Aspen Land Use Permit 0048.201 O.A_ 1�� Address 211 MIDLAND PARK PL__ _ Apt/Suite 811 Cdy ASPEN State CO J Zip 181611 Permit Information Master permit Routing queue LasluO7 Applied 9/812010 Project_ Status /pending Approved Description INSUBSTANTIAL AMMENDMENT TO MIDLAND PARK PUD TO ENCLOSE 38 SD FT Issued UNDER DECK Final Submitted CINDY HOUBEN i Clods 1Running Days 0 Expires 9/3/2011 Submitted via I Owner Last name HOUBEN CYNTHIA MICHE 1 First name I j PO BOX 9616 ASPEN C0 81612 Phone [I ] - Address Applicant ❑ Owner is applicant? ❑ Contractor is applicant? Last name HOUBEN First name 'CYNTHIA 211 MIDLAND PARK PL 811 Phone (97019205097 7 Cust it 28888 Address ASPEN CO 81611 0 sV Vas r — AFFIDAVIT OF PUBLIC NOTICE . REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE I ' ADDRESS OF PROPERTY: 2 c V 11 r l G4vvtd ?ark k ?U1 a_ Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin ) - ek (name, please print) being or repre §enting 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 2 6.3 010 (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 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. _ed Signature The foregoing "Affidavit of Notice" was acknowledged before me this if day of (2(7 , 20O 0, by r ibenedi GcrC WITNESS MY HAND AND OFFICIAL SEAL P B I TICE DEVELOP APPROVAL Notice is hereby giv to the general public of the My commission expires: fD/1,5.1 t Z approval of a site the development plan, and the creation of a property right pursuant to the Land Use Cod of Me C1ry 0f a Ti 24, Article 66, Colorado pevised Aspen Statutes l � ) , piningg 0 esce l _ A , y . • � $ al, . a pro oub ivislo following n: Midland Park legally Con Unit: d B -11, property of Aspen, Couny of Phkin, i dor ad0, rfb the of Pub is praerly commonly known as 211 Midland Park otary Place, Unit B-11, Aspen, Colorado 61611, by order of the City of Aspen Community Development Di- rector on September 24th, 2010. Parcel Id k 2737- 07 -4 -12 -708. The Applicant received an administrative approval for r anan Insubstantial PUD Amendment. The approval the or the enclo- sure of a covered arse near fhe (rant of the unit, conse addin quare feel or further information contac raw 38 s Alexander a t F the Ci of Galena St Aspen,, 0oorado [970 429 - 2739 .130 S. COPY OF THE PUBLICATION s/ CHy of Aspen Published in The Aspen Times Weekly on October 3, 2010. [56337361 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. Property Owner's Name, Mailing Address and Telephone Number Cindy Houben, 211 Midland Park Place, Unit B -11, Aspen, Colorado, 81611, (970) 319 -7724 Legal Description and Street Address of Subject Property • Subdivision: Midland Park Condo, Unit: B -11, City of Aspen, County of Pitkin, Colorado • 211 Midland Park Place, Unit B -11, Aspen, Colorado 81611 Written Description of the Site Specific Plan and/or Attachment Describing Plan Insubstantial Amendment to the approved Planned Unit Development plan (approved through Ordinance No. 47, Series of 1979). Approval grants the ability to enclose a 38 square foot covered area at the front of the unit. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Administrative approval by the Community Development Director for an Insubstantial Amendment to the Midland Park Planned Unit Development, issued on September 24, 2010. Effective Date of Development Order (Same as date of publication of notice of approval.) October 3, 2010 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.) October 3, 2013 Issu ' this 24`" day of Se tember, 2010, by the City of Aspen Community Development /a a . t 1 i AA 1 . g ' \ �� . C ltN WM s Bend, Developm nt tor NOTICE OF APPROVAL For an Insubstantial Planned Unit Development (PUD) Amendment for Midland Park, specifically for 211 Midland Park Place, Unit B -11 Parcel ID No. 2737- 07 -4 -12 -708 APPLICANT: Cindy Houben SUBJECT & SITE OF AMENDMENT: Insubstantial PUD Amendment for Midland Park, specifically regarding the unit located at 211 Midland Park Place, Unit B -11, with the following legal description: Subdivision: Midland Park Condo; Unit B -11, City of Aspen, County of Pitkin, Colorado 81611. SUMMARY: Midland Park is an affordable housing development located in the ResidentiaUMulti- Family (R/MF) zone district containing 37 units. Midland Park was annexed into the City through Ordinance No. 21, Series of 1979 and later granted a Planned Unit Development (PUD) overlay through Ordinance No. 47, Series of 1979. The Applicant has requested an Insubstantial Amendment to the PUD. The amendment would allow the applicant to enclose a covered space of 38 square feet in the front of the unit (see Exhibit A, Floor plans and perspectives). Development at Midland Park has warranted some discussion in previous years, as a result of several minor additions. In 1988, the Planning Director placed a temporary hold on all development. This was to confirm that the 1:1 floor area ratio (FAR) was not being exceeded. A study was completed and it was determined that the subdivision was substantially under the allowable floor area with a total of 32,462 square feet (see Exhibit C, David Graybeal research from 1988). Subsequently, development was again allowed to take place within the PUD. After the 1988 research, three additions were permitted at Midland Park — approximately 200 square feet to unit B -21, 226 square feet to unit F -2 and 233 square feet to unit F -3 — creating a new total floor area of approximately 33,121. After these additions, the FAR for the R/MF zone was reduced from 1:1 to .75:1 where it remains today. The allowable floor area for Midland Park, with an 174,806 square foot site, would be 131,104. STAFF EVALUATION: Clearly, the subdivision is well under its FAR restriction. Staff finds that it is appropriate to allow minor additions to the PUD, but to have some control or parameters for larger additions. If an application was submitted and its impacts on the PUD (in regards to the Insubstantial Amendment criteria) were uncertain, Staff may request that the applicant submit additional information. This information would likely include total floor area, Page lof2 r^ ground coverage, and open space. This would ensure that the interests of all owners are protected. The Applicant's proposal is to add 38 square feet to Unit 13-11. Under the rational described above, this would qualify as a minor addition and can therefore be reviewed without providing proof of total floor area, open space, and ground coverage. It is clear in this specific request that the 38 additional square feet will not exceed the threshold for an insubstantial amendment. DECISION: The Community Development Director finds the Insubstantial PUD Amendment for Midland Park to be consistent with the review criteria (Exhibit B) and thereby, APPROVES the amendment as specified below. The approved Insubstantial PUD Amendment for Midland Park, allows for the enclosure of a covered structure on the front of Unit B -11to add an additional 38 square feet to the unit. APPROVED BY: hris 1 D. on Dat Community Development Direc . Attachments: Exhibit A — Floor plans and perspectives Exhibit B — Review Standards Exhibit C —1988 Research from David Graybeal Page 2of 2 • - - O `� ;c 1-} I MI T A 4 P M p0 1 i o m co • yz `r 0 O m m0 co Dm u D ➢ m O m 00 o • o Z 4 r m j p A m O K Z mil - m -I 3 1 A�3 7 0 it mzp o m r O- OAp 0 p O 7J zxm v = r Z • t �* iF tr 9-- 11- 11 -1r1F� z • ����� ntlntlnn III N • ������ II II NI I II n II . WD D N N + O O2 O Z Z O 2 m o VIOLA a $71 Dr D i I ' vy =v 2 G/ m0 0 0 5 , J Q pm zmo mo ev <m • ° I m ° _ ; m m m 3 A A co O a ! � I p C C m % _ - r A w A r 0 0 m No pbpo Z a o m �© c$ I 3 y x y 3 73 f x W I � Z Z T F A � e y >. 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J - _T_ �:i O ' „ , . # m cn S ys d ;/ ......„,,,,, m r � ..�. :PP m I m i ° � icy � w r m :0CD7:11j : r ill: L 1 F s m I ,,m,„- u-..._ , m O A ? 3 3 z PD i 0 m f� zi m z o r / / / / / I // x o x o x o o - 1 / / / / // — 1 z a 3 4] 3 0 OO I 4 be d. / I O A- A ' x Q A O / // n 13 W < m c 0 i O r m m 0 ym' 0 y 9 0 VI x m S z r r m O m CO o N E o 0 1. m 00 m m O x m 3a a Z N m 1 al -0 .. N e° ° a G C 1;,* a` C m ] A I� 2 1 ° _ ° ' a s j O Z �/ 9m E $E" 1 0 oZQ Ay m = 8 3 b` ms 84 m 5 00 9A °' ° 4 m eY z m ° >m O m y El E' II g a - a) r Exhibit B Midland Park, Insubstantial PUD Amendment PUD Insubstantial Amendments: Sec. 26.445.100.A 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. Staff finding: The proposed changes to Midland Park do not change the use or character of the Planned Unit Development. The use is still entirely affordable housing and the character of the addition is being controlled by an architectural review board to ensure that it is consistent with existing development. Staff finds this criterion met. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land Staff finding: The enclosure of this place constitutes less than a 1% increase in overall coverage of structures. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. Staff finding: The density of the subdivision is not changed due to this proposal nor are more bedrooms being created. Trip generation should remain the same. Staff finds this criterion met. 4. A reduction by greater than three (3) percent of the approved open space. Staff fording: The amount of open space on the lot is being reduced by less than 1 %. Staff finds this criterion met. 5. A reduction by greater than one (1) percent of the off - street parking and loading space. Staff finding: Not applicable. 6. A reduction in required pavement widths or rights -of -way for streets and easements. Staff finding: Not applicable. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. Staff finding: Midland Park is entirely residential and no commercial net leasable space exists. Staff fmds this criterion met. 8. An increase by greater than one (I) percent in the approved residential density of the development. Staff finding: The residential density of the PUD remains the same. Staff finds this criterion met. 9. 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. Staff finding: These changes to Midland Park do not deviate from the original approvals. Many dimensional requirements were not specified at the time of the PUD approval or annexation, so the dimensions must adhere to the current language in the Land Use Code. This proposal does not create non - conformity or require a variance. The proposal is also conformance with the underlying zone district — R/MF. Staff finds this criterion met. ,.: — ExHI IT . 1 ■ r HAGMAN YAw ARCHITECTS 17 August 1988 21 ,n ASPEN, COLORADO 81 N, CORADO 81611 303 Planning Office City of Aspen 130 South Galena Aspen, Colorado 81611 Dear Planning Officials: As you are aware an increasing proportion of our community is growing up and further establishing itself as a permanent part of our community. I am part of that base and request the means to increase my living conditions to accommodate the growth. Since my options are limited due to community economic constraints, I am requesting to add a loft to my employee housing unit in Midland Park. Such a request could not be reasonably anticipated during the project's approval process almost ten years ago. For this reason and per my preapplication conference, I am requesting my application be reviewed as an Insubstantial Amendment. My application does not violate any of the conditions stated in Attachment 4 of the Application Package. My request is only for an increase of approximately 200 sq. ft. of F.A.R., Tess than .6% of the development, and does not affect use, character, trip rate, parking, right-of-ways, structure coverage of land, demand for public facilities, or reduce open space. Midland Park site is 114,562 sq. ft. with a lot coverage of 60,861 sq. ft. by road and buildings, leaving a remainder of 53,701 sq. ft. of open space, or 47% of the site. The site permits a maximum floor area ratio of 1:1 for 114,562 sq. ft. The existing floor area not counting minor changes approved by the Building Department (see attached list) is 32,462 sq. ft., or 28% of permitted. Land requirements per unit calculations are as follows: 8 one bedroom units @ 1,250 s.f. of land = 10,000 s.f. 14 two bedroom units @ 2,100 s.f. of land = 29,400 s.f. 15 two bedroom units @ 3,630 s.f. of land = 54.450 s.f. Total Land Required for Units 93,850 s.f. Land requirements per bedroom are as follows: 81 bedrooms © 1,000 s.f. of land = 81,000 s.f. Letter to Planning Office 18 August 1988 Page Two So, as you can see, Midland Park has substantially under used its maximum allowable F.A.R. Upon consulting with the City Clerk and other City personnel (current and past) involved during Midland Park's approval process, no recollection of an attached limit to or conditions to project's F.A.R. were recalled or found. Enclosed is a list of documents reviewed on the above mentioned persons' recommendations. The list is from the Board of County Commissioners Index. Upon review by a planning consultant familiar with Midland Park, no mention of restrictions or limitations on F.A.R. were found. In addition, no record subdivision documents have been found. Most of the information is meeting notes and contract information. One reference is made of an exterior change discussion but appears to be for the original design. Record documents uncovered in the Building Department files for approved changes are listed on an enclosure. Also enclosed is a site survey and site layout drawings used during the original construction. The last enclosure is a copy of a letter with attachment from the Board of Directors of Midland Park giving the Homeowners' approval of my loft addition. I appreciate your time and effort in reviewing my application and hope you will find it agreeable. Sometime and effort has been spent researching the existing conditions and information, and the results are enclosed. I hope it is helpful and fulfills your requirements. Please feel free to contact me. Sincerely, a Doug Graybeal DG:sv enclosures THE CITY OF ASPEN Land Use Application Determination of Completeness Date: September 10, 2010 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0048.2010.aslu, 211 Midland Park. The planner assigned to this case is Jessica Garrow. Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. ✓ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429 -2759 if you have any questions. Thank You, I , Jessica Q. ow, Long R..- .- ' lanner City of ? 'en, Community Development Department G: \NEW G DRIVE FOLDERS _CITY\PLANNING \Land Use Cases \CurrentUessica\2I I Midland Park PUD Amend \Completeness Letter211 Midland Park.doc Oci-f Q 1123+a), _ : LAC 0 ask ALAIVALA-Lia:—.J 1 1, U INA *3 1 1 it 2, - 736 • D CAN, - UStl-kr/44013- a4 2\1 pedv- c-c. 8 le I cl 77,9-4 (cat) _ 4,____5\ittAAA4rtss //evitatoi - Lzbnoi it - CATyrkt-te#1.6" C1-1-1-4 Ceekii`NR_A g Riblqr% ellArs"-eg 5it.L. 410-45_,Like_s fnicatt /0 • Poacot ince iideAris- 2: hitt - -rte odytyyr-v--4 Sec. 26.445.100.Amendment of PUD development order. 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. 2. An increase by greater than three percent (3 %) in the overall coverage of structures on the land. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. 4. A reduction by greater than three percent (3 %) of the approved open space. 5. A reduction by greater than one percent (I%) of the off -street parking and loading space. 6. A reduction in required pavement widths or rights -of -way for streets and easements. 7. An increase of greater than two percent (2 %) in the approved gross leasable floor area of commercial buildings. 8. An increase by greater than one percent (1 %) in the approved residential density of the development. 9. 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. B. Other amendment. An amendment found to be consistent with or an enhancement of the approved fmal development plan by the Community Development Director, but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions or denied by the Planning and Zoning Commission, at a public hearing pursuant to Subsection 26.445.030.C, Step 3. The action by the Planning and Zoning Commission shall be considered the final action, unless the decision is appealed. An applicant may appeal an amendment determination made by the Planning and Zoning Commission to the City Council. In this case, the determination made by the Planning and Zoning Commission shall be considered a recommendation and the amendment shall be subject to final development plan review and approval by the City Council, pursuant to Subsection 26.445.030.C, Step 4. An amendment found to be inconsistent with the approved final development plan by the Community Development Director shall be subject to final development plan review and approval by the Planning and Zoning Commission and City Council, pursuant to Subsection 26.445.030.C, Steps 3 and 4. During the review of the proposed amendment, the Planning and Zoning Commission and City Council may require such conditions of approval as are necessary to insure that the development will be compatible with current community circumstances. This shall include, but not be limited to, portions of the development which have not obtained building permits or are proposed to be amended, any new community policies or regulations which have been implemented since the City of Aspen Land Use Code Part 400, Page 111 TO: City of Aspen Community Development Director, FROM: Cindy Houben RE: PUD Insubstantial Amendment DATE: August 30, 2010 SUMMARY: I am proposing an Insubstantial Amendment to the Midland Park PUD in order to enclose approximately 38 square feet of the covered space in front of my unit . APPLICANT: Cindy Houben LOCATION: 211 Midland Park Place ZONING: RMFPUD BACKGROUND: The Midland Park PUD was approved by Pitkin County and was subsequently annexed to the City of Aspen in 1977. COMPLIANCE WITH THE CITY OF ASPEN REGULATION: Insubstantial PUD Amendment Section 26.445.100 of the Aspen Municipal Code authorizes the Community Development Director to approve an insubstantial amendment to an approved PUD if the amendment does not: 1. Change the use or character of the development: Response: The space will be used for a small office or coat room. The space is recessed below the roof so the visual impact will not be substantial. 2. An increase by greater than three percent 3 in the overall coverage of structures on the land: Response : The site coverage will remain the same. The space is already covered by the porch above and does not extend beyond the existing building footprint. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities Response The amendment will not increase trip generation rates or demand for public facilities. 4. A Reduction by greater than three percent 3% of the approved open space by more than Response: The approved open space will not be reduced 5. A reduction of greater than 1% of the off street parking and loading space. Response: Off Street parking will not be reduced. 6. A reduction in required pavement widths or rights of way for streets and easements. 1 Response: Not applicable 7. An increase of greater than 2 % in the approved gross leasable floor area of commercial buildings. Response: Not applicable 8. An increase of greater than 1% in the approved residential density of the development. Response: The residential density will not be increased 9. 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. Response : The space is described on the recorded plat as a general common element of the project and will remain a general common element. The increase in floor area will be less than 40 square feet. Since the space is a general common element this square footage will be deducted from the allowed floor area remaining for the PUD and will not affect the floor area of the individual unit(s). A number of insubstantial amendments were approved by the Planning Director prior to 1988 Staff became concerned with the cumulative impact of these amendments and in June of 1988 an insubstantial amendment for Unit G 10 was approved by the Planning Director with a condition that No future insubstantial amendments to the Midland Park PUD shall be approved by the Planning Office Staff informed the Homeowners Association that the PUD would need to be amended to address further changes to the PUD. In August of 1988 Doug Graybeal researched the Midland Park project to provide background information in an effort to process an insubstantial amendment His application was approved by the Planning Director after staff found that there were no concerns regarding the cumulative impact of past proposals His research showed that the Midland Park site includes 151624 square feet. At that time the existing floor area of the units was approximately 53020 square feet which is 28 % of what was allowed since the maximum floor area ratio is 1:1. No substantial amendments have been approved since that time. Two additional applications in 1996 were approved For Liz Brainard C232.5 sq ft. ) and Joe Wells(226 sq ft.). The land use code has changed since that time and now allows a .75 :1 FAR ratio or 131,104 total square feet. Therefore, based on the assumption that the floor area is still approximately 53020 square feet the proposed enclosure will increase the floor arca by less than 1 %( 458 sq ft plus the proposed 38 sq ft = 496 total new square feet). Apparent iv the information provided during the Graybeal review was sufficient to nullify the condii ion that the Planning Director would not approve any more insubstantial amendment to the Midland Park PUD. Therefore I amproposing the insubstantial amendment process. The Homeowners Association does not have any objections to this proposal. A. Lencr from the Homeowners Association B. Floor plan C. Schen ,::!C drawings On, July28th,2010, the Board of Directors (BOD) of the Midland Park Condominium Association (MPCA), in accordance with the association's Articles of Incorporation, Bylaws, Condominium Declaration, Rules and Regulations and Architectural Control Committee Rules and Regulations (as published on the Aspen Pitkin County Housing Authority website and collectively referred to as the MPCA docs.) hereby approve the proposed modification of 211 Midland Park Place as submitted by owner, Cindy Houben as depicted and described on the attached Exhibit A. 1. The approval is in the form of a license which will automatically expire upon the transfer (of the ownership) unless the transfer of the license shall be approved by the Board of Directors, in writing, to the subsequent grantee. 2. Condition: Window frames shall match the standard color, dark bronze, of window frames in other MPCA units. 3. Condition: Stain and trim paint shall match the dark brown stain and the ember red trim color of all other units in the 200 building: siding stain — Spiced Wood (SW3021) Woodscape Acrylic solid stain by Sherwin Williams; trim — Ember Red (7191) Latex Exterior by Pittsburgh Paints. 4. Condition: The work to be performed shall be done by a contractor(s) licensed to perform work in Aspen and who carrie(s) a minimum of $1,000,000 in contractor liability insurance. The owner will provide to the BOD proof of both a valid contractor license and proof of current liability insurance coverage. It will be a requirement that the contractor(s) maintain both a valid contractor's license and the required minimum contractor's liability insurance coverage for the duration of the construction of the approved improvements. No work shall begin until these conditions have been met. 5. Condition: A clear glass or screen storm door is approved subject to the following conditions. If the door is metal framed, it will match standard color, dark bronze of the window frames in other MPCA units. If the clear glass or screen storm door is wood framed, the frame paint shall match the trim color as described in 3 above, if wood or the color described in 2 above, if metal. 6. Condition: The approved modification shall be accomplished promptly. Failure to complete the improvements within 1 year from the date of this approval shall operate to automatically revoke this approval and license and permit the BOD to initiate corrective action as described in the MPCA docs. 7. Condition: No work shall begin until the owner has obtained the appropriate building permit from the City of Aspen Building Department and provided a copy to the MPCA BOD. 8. Condition: Out of consideration for and as a courtesy to your neighbors, work to complete the modification shall not begin before 8:00 AM and end not later than 5:00 PM from Monday through Friday. No work shall be conducted on Saturdays or Sundays or any nationally recognized holiday. No contractor or sub - contractor, employees thereof, material suppliers or laborers shall be permitted to have dogs on the job site. No staging equipment or equipment of any kind, constructions materials, tools or storage containers shall block the sidewalk or be stored in any yard other than the yard area immediately in front of the owners unit. The owner and contractor shall attempt to maintain the job site in a reasonably clean and safe condition for the duration of the project through final site cleanup. There shall be no parking of any construction related personnel in any assigned (to owners) parking space. 9. It will be a condition of this approval that the owner, Houben, will review the proposed modification, dated 7/26/10, with her immediate neighbors (at 210, 212, 221 and 222 Midland Park) and provide proof, acceptable to the Board (preferably with their approval evidenced in writing by their signatures on the approved modification plans). Approved this 28th day of ly, 2010 by the Midland Park Condominium Association Board of Directors: By: p r, 6/ /✓ ' h/Ir Name: d ;/IN_ fllf/bic Its: Pt/sip/pi- And . By: o Name: / 0 \ b -N iS » t > 6 Its: 6 / 2 DY V And ,46 Name: IL .T, p r ' Its: G1J — se% __ _ ,, 1 -- , 1, 0 os 4. N- z cc 'sz F a w ct a o 0 C3 CI- ro Z el P i ri 0 0 0 U) . ■ w F Fa _ ....0 .4 F w I _ 0 5 o Fs: l if 11 2 1 i i I= En 1 --4 -1 F F 0 Z 2 CI H CC H w w U) = .. 3 i eq L a ' iuj w 4 al 4 0 Z gi 33 — 1 r z ILL' — - - -4-- _ - — - — — — — 2 .r. Ill c l; < 03 _/ 1—iii—i W - .==-= - --- - • Z I Z f ,it , 1 i i ir Lu / 7 t , r sz ' i r i , • . 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'h i• f F I ` Uo¢ < of Ai a S S a , �x w 7 h r Y r a' ill N Ct LL tu Z Z E, tit jY 0_ t ° F W to CI CO a 0 t w Q Q . ..4) r i r —7 O D Ik - . • r i o 1 p ,-/ ii t ' p" l i t 11 '' 1 i. i i f 'y' _ J �3 f .i / / "�' .. . — 1 / ifrA .c.„,... ,,,,, 1,',m�'� • ` .fir it t ' lil n \ ! — ice [ cam a 1 i 1 --------- I I 1 .. 1 3 \_, 1 ( I 0 . 2 2 r CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow, 429 -2780 DATE: 5/4/2010 PROJECT: Midland Park Insubstantial Amendment — Unit B -11 REPRESENTATIVE: Cindy Houben TYPE OF APPLICATION: Planned Unit Development — Insubstantial Amendment DESCRIPTION: The prospective Applicant would like to enlarge the first story living room to create a small addition of approximately 225 sq. ft. of floor area. Midland Park is a subdivision containing thirty-seven (37) multi - family units in seven buildings. The property is located in a Residential Multi- Family (R/MF) zone district with a Planned Unit Development (PUD) overlay on the subject property (Ordinance No. 47, Series 1979). The zoning ordinance provides that the property "be zoned RMF -PUD, and subject to those zoning regulations applicable to said zone district.....(as now exists or may hereafter be amended)." If floor area is available for the site and the homeowners' association approves the proposed addition, the applicant may apply to amend the PUD to allow for the additional square footage. A letter from the Homeowner's Association is required as part of the Land Use Application. According to the annexation ordinance related to this subdivision (Ordinance No. 21, Series 1979), the subdivision contains approximately 4.013 acres or 174,806 sq. ft. of land. The current allowable floor area for the subdivision is .75:1 for a parcel density of less than one unit per 1,500 sq. ft: of lot area or 131,104 square feet. To be considered an insubstantial amendment to a PUD, the application must not exceed eight thresholds as outlined in section 26.445.100 A., PUD Insubstantial Amendments. The one threshold most relevant to this application is threshold number two, in which "an increase by greater than three (3) percent in the overall coverage of structures on the land" cannot be considered an insubstantial amendment. As proposed, the addition would be under an existing roof eave and would not create additional coverage of structures on the land. This interpretation of coverage is identical to a number of other insubstantial PUD amendments on file with regard to this subdivision. Onde the Applicant builds the addition, the Applicant will be required to file an 'amendment to the condominium plat. Staff can provide a pre - application summary of the condominium process when the Applicant is near completion of construction. Land Use Code Section(s) ( http: / /www.as pennitkin.com /Departments / Commun IN- Development/Plan n inn- and- Zonina/Title -26- Land -Use- Code /) 26.304 Common Development Review Procedures 26.710.090 Residential Multi - Family (R/MF) zone district 26.445.100 A. Planned Unit Development — Insubstantial Amendment (Community Development Director approval) Review by: - Staff for complete application - Community Development Director for approval, approval with conditions or denial Public Hearing: No hearing required Planning Fees: $735.00 Deposit for 3 hours of staff time (additional staff time required is billed at $245 per hour Referral Fees: None Total Deposit: $735.00 The Land Use Application Form is available at: http: / /www.aspen pitkin.com/ Portals /0 /docs/ City /ComdevlApps %20and %20Fees /land useappform.pdf Total Number of Application Copies: 2 Copies • To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicants 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 if there is an authorized representative. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre - application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Existing and proposed site plan, landscaping plan, and parking plan. 10. Existing and proposed floor plans and elevation drawings that include proposed dimensional requirements. 11. A site improvement survey that includes all existing natural and man -made site features. 12. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 13. All other materials required pursuant to the specific submittal requirements. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. A " t , ...... , , . tit rel 17-: " tit _ I1 R w V .-. C1 Wi y _, ,, j I i '� _. r try a , Y NIL. + ,' . . {{ Y yf�. / '{�{�{ ;- (tp�� ar :r ,* vra �� r r � ? R� -:1 O Y 1. p) • t...4," ' ...J,. i �. _ � J Ff J • 3 v`� .S "� - .! . 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COLORADO. 81911 WMWV.OKGKLAW Cod 'TELEPHONE (970)920.17 ) R C HARD I KNE ZES F 970) 920-1121 TED D. DR GARDENSWARTZ DAVID ID B MORROW KEL RR YWART MAR ORRO CIW VAM©dt9liaw.com OF COUNSEL JOHNT.KELLY STEPH R EN . C ONNOR ANNE MARIE MCPFIEE WENDY C. FOSTVEDT SARAH M. OATES September 7, 2010 Jessica Garrow City of Aspen Community Development 130 South Galena Street Aspen, CO 81611 Re: Land Use Application for Cynthia Michele Houben Dear Jessica, I am an attorney licensed to practice law in the State of Colorado. I have reviewed the real estate records of the Pitkin County Clerk and Recorder and verified that title to unit B- l lof the Midland Park Subdivision, aka 211 Midland Park Place, is held in the name of Cynthia Michele Houben. Please let me know if you have any questions or need anything further. Thank you. Very Truly Yours, OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C. By It Anne Marie McPhee AMM /inaf Macintosh IID ..Users:AMM. Anne Millie data'.Lenerhead doc LAW OFFICES OF OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C. PROFESSIONAL. CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 E. HOPKINS AVENUE ASPEN, COLORADO. 81611 WNW OKOKLAW.CMa LEONARD M. OATES TELEPHONE (990) 920-1700 RICHARD A KNEZEVICH FACSIMILE 19 920-1121 TED D. GARDENSWARTZ DAVID D. KELLY MARIA MORROW OF COUNSEL: A AM @okylaw.conr JOHN T. KELLY STEPHEN R. CONNOR ANNE MARIE MCPHEE WENDY C,. FOSTVEDT SARAH M. DATES September 7, 2010 Jessica Garrow City of Aspen Community Development 130 South Galena Street Aspen, CO 81611 Re: Land Use Application for Cyntltia Michele Houben Dear Jessica, I ani an attorney licensed to practice law in the State of Colorado. I have reviewed the real estate records of the Pitkin County Clerk and Recorder and verified that title to unit B- 1 lof the Midland Park Subdivision, aka 211 Midland Park Place, is held in the name of Cynthia Michele Houben. Please let me know if you have any questions or need anything further. Thank you. Very Truly Yours, OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C. By Anne Marie McPhee AMM /maf Macintosh IID:Users:A~Acne Mane daui.nterhead.dnc Recorded at o'clock . hi., • Reception No. Recorder. WARRANTY DEED THIS DEED, Made this 17th daY of Jul y 19 90 between Steven E. Rice of the • County of Pitkin and Slate of Colorado, grantor, and Cynthia Michele Houben r whose legal address is P.O. Box 9616, Aspen, Colorado 81612 of the County of Pitkin and State of Colorado, grantee: WI'INESSETII, That thc grantor for and in consideration of the stun of SEVENTY -NINE THOUSAND FIVE HUNDRED AND NO /100 ($79,500.00) DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has panted. bargained, sold and conveyed. and by these presents does grant, bargain, sell, convey and confirm, unto the grantee. his heirs and assigns fin ever. all the real limpet ly together with impiovcmcnts. if any. situate. lying and being in the County of Pitkin and Stale of Colorado described as follows: Unit B -11, MIDLAND PARK SUBDIVISION (A CONDOMINIUM) according to the map thereof recorded in Plat Book 6 at Page 138, and as defined and described in the Condominium Declaration for Midland Park Subdivision recorded August 29, 1978, in Book 353 at Page 504. Pitkin County, Colorado as known by street and number as: 111 Midland Park Place, #B -11, Aspen, Colorado 81611 TOCE'FIIER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents. issues and profits thereof. and all the estate. right, title, interest. claim and demand whatsoever of the grantor, either in law or equity. of, in and to the above bargained premises, with the hcrcditaments and appurtenances. 1'0 HAVE AND TO HOLD the said premises above bargained and dcscrihed. with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant. grant. bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seised of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has g right. full power and lawful authority to grant, bargain. sell and convey the same in manner and form as aforesaid, and that the sane are lice and clear Floor all (miner and other grants. bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature socver. except 1. Those easements, reservations, restric- tions and other matters more particularly set forth in the Exhibit A attached hereto and made a part hereof; AND EXCEPT general real estate taxes for 1990 and subsequent years, which after adjustment and proration as of the day hereof, Grant•e assumes and agrees to pay. The grantor shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. �r Stu .w• 7> /u-r� STEVEN E. RICE, by Everett Warner as his attorney in fact CO CO 0 0 STATE OF COLORADO lI` County of Pitkin 1 55. The foregoing instrument was acknowledged before me this 1 7th day of Jul y , 19 90 by Everett Warner. as attorney in fact for Steven E. Rice My'cofnniissione,Ote 2/21 , 19 . Witness my hand and official seal. . ' `t O G r L ,� .. .tnry it • a1f in & 'insert "City and ". No. 932A. Rev. 7 - 84. WARRANTY DEED (For Photographic Record/ C k f\ Ilr'd ford Publishing. 1 s 11 w'vice SI • Dem er. 1 aa.'T 1003) 292,2500 ... 5.55 . . . ..,_ ......... • N r; f r 0 4..s.?t ,..... . at 4 , / 1 -S, ...„..>"%, -______-- -- --".t.„ / Z HQ / k s I 0 / 0 1 \ \CP @ ..---- I atv •:.- to 1 sk %vie- m. c , ..------- .02-CP c'l —.4.— t-- .„ --- e at-intraLVA 1 r ---- \ N N i ti 1 ' j ,-- 1 tr .... ,,-- \ __--- sw Li it y a — Rill , • 1 , ...._- 1 ---- \ o i I 1 in 1 , , 0 • L.n < TC: 3 0 1 I-- N : f co 47 - \ i/ \ * / 1 . , .. ..% \ it', . ■ ' 8 12 kN\ et ,,.. e ,:45- ,p, •3 fi e A a IS ?' 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