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Home My WebLink Aboutlanduse case.board of adjustment.220 W Cooper Ave.0039.2010 f _. THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0039.2010.ASLU PARCEL ID NUMBER 2735 12 4 68 002 PROJECTS ADDRESS 220 W. COOPER ST PLANNER JESSICA GARROW CASE DESCRIPTION BOA REPRESENTATIVE MCKENZIE DATE OF FINAL ACTION 09.18.10 CLOSED BY ANGELA SCOREY ON: 12.09.10 C , • -A., 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. Milton D and Areta B McKenzie, 14860 Montford Drive Suite 209 Dallas, Texas 75254 Property Owner's Name, Mailing Address and telephone number Lots K, L, M, N, and 0, Block 54, City and Townsite of Aspen, located at 220 West Cooper Ave. Legal Description and Street Address of Subject Property The applicant has received dimensional variances to legalize existing setback encroachments on the property located at 220 W Cooper Ave. Written Description of the Site Specific Plan and /or Attachment Describing Plan City of Aspen, Board of Adustment, Resolution 1, Series of 2010 approved on September 2, 2010. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) September 18, 2010 Effective Date of Development Order (Same as date of publication of notice of approval.) September 18, 2013 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.) Issued this 18th day of September, 2010, by the City of Aspen Community Development Director. a ki, IN Chris Bendon, Community Development Director ' r'" - •.� 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, Colorado Revised Statutes, pertaining to the following described property: 220 Cooper Avenue, Parcel ID 2735- 124 -68 -002, by Board of Adjustment Resolution 1, Series of 2010 on September 2, 2010. The Applicant received approval of setback variances. For further information contact Jessica Garrow, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429 -2780. s/ City of Aspen Publish in The Aspen Times on September 18, 2010 —. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 220 Ceop Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin ) 1 Anne-yak , S Gam( -12A-1 (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: 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. �_ Signature The foregoing "Affidavit of Notice" was acknowledged before me this 2.0 day of �___�Q�aninil , 200ff, by i.A� . A , / . _Y WITNESS MY HAND AND OFFICIAL SEAL .)67 I My commission expires: 9 1251 VP 13 PUBLIC NOTICE Of ELOPNENTAgeBOVAL Y P AAA I , , � Notice is he y gs g public o the 1 pe to the general blif v approval of a site specific development plan, antl � 1 0• ' \ \\ , the Lr Land Use of a d e of t propperty right pursuant to N Public the Arti Use 68, Colorado ofthe City of antl Title + a.0 S O ` per fini o the ld Bebed Aspen pr Statutes, L . �O�� A�e� �! Cortpiei A tetue following 1 tles - 4r68.00:2b • •` ^n ' Board o Adju Parcel tion 1 S ! ries - 2, b y / • on Se t mb erl 2, 2010 Resolution The 1, Series r c iv , on September 2, 2010. The Applicant r approval of setba vari ances. F or fu ATTACHMENTS: i S • informa conta Jessica Ga,row at th C ity of Aspe Community Developmen Dept. 130 9. � t S Galena St, As Cabratlo (9]0 429 -2180. . A � V • a :� / 8/C'N OIA COPY OF THE PUBLICA � �S • .• 'Publish in The Aspen Times Weeklyon September , i'9r • ... 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REPRESENTATIVE: Christopher Coyle of Balcomb & Green PC Aerial View LOCATION: ''A. . v . ,� 7 4 „ ' � Ft", 220 W Cooper, formerly known as 314 S 2 "d . The property is located across the alley from the r , t Ice Garden. ;, . �f' . • G ar n etr` ;� - - CURRENT ZONING: i , R -15, Moderate Density Residential g , , SUMMARY: r ; The Applicant requests dimensional variances 9 �' i ' `r C from the setback requirements to accommodate . ' \ *4 ., existing building encroachments. y .,,, ..— , . ..,, . ,.. . , ,. # ' The subject parcel is circled. REQUEST OF THE BOARD OF ADJUSTMENTS: The Applicant is requesting the BOA approval of four (4) dimensional variances to legalize existing encroachments into the setbacks. Specifically, the BOA is asked to approve the following variances: 1. An encroachment of 1.2 feet into the side yard setback for stone siding; 2. An encroachment of .8 feet into the front yard setback for stone siding; 3. An encroachment of .1 feet into the front yard setback for a second floor balcony; and 4. An encroachment of 15.8 feet into the front yard setback for a hot tub. 1 o REQUIRED REVIEWS: Dimensional variances for setbacks are reviewed by the Board of Adjustments. The Applicant requests the following reviews: • Dimensional Variance from the setback requirements pursuant to Land Use Code Chapter 26.314, Variances (BOA is the final review authority). Other applicable code sections include: • Yards, section 26.575.040 of the Land Use Code. This section outlines the encroachments that are permitted into established setbacks. BACKGROUND: The property was redeveloped in 2008, and a final Certificate of Occupancy was issues in June of 2009. The property is located near the Aspen Ice Garden. Prior to redevelopment the property was accessed from South 2 " Street and had the address 314 S 2 " During redevelopment, the property address was changed to 220 W Cooper. The front door and porch is located off of Cooper Ave. The building was not built precisely to the plans, resulting in the encroachments into the setbacks. PROJECT SUMMARY: The Applicant requests the dimensional variances to permit the existing encroachments. Without the variances, the owner would be required to replace the siding of the house to conform to the setbacks and would need to eliminate the portion of the second floor balcony that projects more than four (4) feet into the setback.' In addition, the hot tub would need to be relocated to a different portion of the parcel. The patio that is located in the front yard setback appears to meet the land use code requirements regarding encroachments into setbacks. STAFF COMMENTS: Staff comments and findings related to the Variance review criteria are included below. Detailed staff findings are found in Exhibit A. Variances from the Land Use Code are deviations that "would not be contrary to the public interest when, owing to special circumstances or conditions, the literal enforcement of the provisions of this Title would result in undue and unnecessary hardships." In addition, the variances must be consistent with the land sue code and the AACP, and any variance granted must be the "minimum variance that will make possible the reasonable use" of the building. Staff finds that this lot is not unique and does not warrant the requested dimensional variances. The Zoning Official approved plans that clearly outlined the required setbacks, and requested changes be made to plans that did not abide by the underlying zone district requirements. A building that is not constructed according to plans should not be rewarded with dimensional variances. In particular, staff believes the request for a hot tub in the front yard setback is a matter of convenience, and is not a true hardship. Section 26.575.040.A.3 states that balconies are permitted to extend up to four (4) feet into a setback. The existing balcony projects 4.1 feet. The code does not allow for extensions of building siding into the established setbacks. 2 Section 26.575.040.A.5 states that uncovered patios and similar structures are permitted in setbacks as long as they do not exceed 30 inches above or below grade. The Chief Building Official may permit projections that exceed 30 inches only when necessary for building egress. 2 RECOMMENDATION: Staff recommends denial of the requested variances. PROPOSED MOTION: (all motions are worded in the affirmative) "I move to approve Resolution #, Series 2010, approving four setback variances on the property located at 220 West Cooper Ave." Attachments: EXHIBIT A — Variance Review Criteria, Staff Findings EXHIBIT B — Land Use Application 3 0 0 RESOLUTION NO. _1, (SERIES OF 2010) A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENTS APPROVING A VARIANCE FOR SETBACK ENCROACHMENTS FOR THE PROPERTY LOCATED AT 220 WEST COOPER AVE CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735- 024 - 030 -03 WHEREAS, the Community Development Department received an application from Milton D and Areta B McKenzie, represented by Christopher Coyle of Balcomb & Green PC, requesting approval of variances to allow an encroachment of 1.2 feet into the side yard setback for stone siding, an encroachment of .8 feet into the front yard setback for stone siding, an encroachment of .1 feet into the front yard setback for a second floor balcony, and, an encroachment of 15.8 feet into the front yard setback for a hot tub; and, WHEREAS, pursuant to Section 26.314, the Board of Adjustments may approve a Variance, during a duly noticed public hearing after considering a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended denial of the requested variances; and, WHEREAS, during a duly noticed public hearing on September 2, 2010, the Board of Adjustments approved Resolution No. Series of 2010, by a to L — vote, approving the Variances; and, WHEREAS, the Aspen Board of Adjustments has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Board of Adjustments finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Board of Adjustments finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENTS OF THE CITY OF ASPEN AS FOLLOWS: IC I Resolution No _, Series 2009 Page 1 of 2 © 4 Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a variance to permit the following existing encroachments: an encroachment of 1.2 feet into the side yard setback for stone siding, an encroachment of .8 feet into the front yard setback for stone siding, an encroachment of .1 feet into the front yard setback for a second floor balcony, and, an encroachment of 15.8 feet into the front yard setback for a hot tub. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Board of Adjustments, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted, passed and approved this 2nd day of September, 2010. Rick Head, Chair ATTEST: J I th y9 eel City Clerk f), - APPROVED AS TO FORM: James R True, Special Counsel Exhibit A: Existing Survey showing permitted conditions Resolution No 4_, Series 2009 Page 2 of 2 O Exhibit A Sec. 26.314.040. Standards applicable to variances. A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision - making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of the Aspen Area Community Plan and this Title; Staff Finding: Staff finds that the proposed variance is not generally consistent with the Aspen Area Community Plan (AACP) and the Land Use Code. The AACP is an aspirtational document that does not address specific circumstances such as variances. The AACP states that it is "broad in scope and does not address every issue or parcel individually. The plan should be interpreted to apply generally to all properties and issues in Aspen..." However, staff does not believe that this request is consistent with the overall desire, as expressed in the Community Plan, to encourage responsible development. The proposal is not generally consistent with the Land Use Code. The building plans submitted were consistent with the Land Use Code, and the request for a variance is being made after the fact. Staff finds this criterion is not met. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and Staff Finding: Staff finds that the request is not the minimum variance that will allow reasonable use of the parcel. Again, the building plan approved met the requirements of the Land Use Code. Individuals should not be rewarded for not building to approved plans. Staff finds this criterion is not met. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or Exhibit A, Staff Findings Page 1 of 1 Exhibit A Staff Finding: Staff finds that there are no unique circumstances on this parcel that warrant the granting of a variance. While the parcel is not typical in terms of street frontage, this does not mean the setbacks for the zone district should not be followed. Other properties in town lack specific street frontage and are still expected to abide by the established setback requirements. Staff finds this criterion is not met. b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings or structures, in the same zone district. Staff Finding: Staff finds that the granting of this variance would give this lot a special privilege that other lots do not enjoy. Specifically, it would excuse the developer for not building to plan. In addition, staff does not believe there is a hardship on this property that warrants the granting of setback variances. Many property owners in town have hot tubs and manage to place them within the property such that they do not violate the setbacks. The granting of these variances, especially the hot tub request, would give this applicant and property an advantage that no other property in town enjoys. Staff finds this criterion is not met. Exhibit A, Staff Findings Page 2 of 2 AGENDA ASPEN BOARD OF ADJUSTMENT THURSDAY, September 2, 2010 Regular Meeting 4:00 PM SISTER CITIES MEETING ROOM I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES (08/06/09) III. DECLARATION OF CONFLICTS OF INTEREST IV. PUBLIC HEARING A. Case #001 -10. Milton & Areta McKenzie, 220 W Cooper. 4 variances to legalize existing encroachments V. ADJOURN NOTICE OF PUBLIC HEARING CASE #001 -2010 Before the City of Aspen Board of Adjustment TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the BASEMENT MEETING ROOM, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 26, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. Particulars of the hearing and requested variances are as follows: Date and Time of Meeting: Date: September 2, 2010 Time: 4:00 P.M. Owner for Variance: Milton & Areta McKenzie Representative for Variance: Name: Christopher Coyle of Balcomb & Green PC Address: 220 W Cooper Aspen, CO 81611 Location or description of property: 220 W Cooper, Aspen, CO 81611 Variances Requested: The applicant is requesting 4 variances to legalize existing encroachments into the setbacks. Will applicant be represented by Counsel: YES:X NO: The City of Aspen Board of Adjustment 130 S. Galena Street Aspen, CO 81611 Rick Head, Chairman P1 MEMORANDUM TO: Board of Adjustments THRU: Jennifer Phelan, Community Development DeputyDirector FROM: Jessica Garrow, Long Range Planner) RE: 220 West Cooper — Dimensional Variance Resolution No. 4 , Series of 2010 DATE OF MEMO: August 26, 2010 MEETING DATE: September 2, 2010 APPLICANT /OWNER: STAFF RECOMMENDATION: Milton D and Areta B McKenzie Staff recommends denial of the requested dimensional variances. REPRESENTATIVE: Aerial View Christopher Coyle of Balcomb & Green PC LOCATION: � 2 °� . . 220 W Cooper, formerly known as 314 S 2 "d . ~ ' Street The property is located across the alley from the Ice Garden. .: `• ` • CURRENT ZONING: ` R -15, Moderate Density Residential SUMMARY: The Applicant requests dimensional variances ° C from the setback requirements to accommodate existing building encroachments. 0 } � R The subject parcel is circled. REQUEST OF THE BOARD OF ADJUSTMENTS: The Applicant is requesting the BOA approval of four (4) dimensional variances to legalize existing encroachments into the setbacks. Specifically, the BOA is asked to approve the following variances: 1. An encroachment of 1.2 feet into the side yard setback for stone siding; 2. An encroachment of.8 feet into the front yard setback for stone siding; 3. An encroachment of .1 feet into the front yard setback for a second floor balcony; and 4. An encroachment of 15.8 feet into the front yard setback for a hot tub. 1 P2 REQUIRED REVIEWS: Dimensional variances for setbacks are reviewed by the Board of Adjustments. The Applicant requests the following reviews: • Dimensional Variance from the setback requirements pursuant to Land Use Code Chapter 26.314, Variances (BOA is the final review authority). Other applicable code sections include: • Yards, section 26.575.040 of the Land Use Code. This section outlines the encroachments that are permitted into established setbacks. BACKGROUND: The property was redeveloped in 2008, and a final Certificate of Occupancy was issues in June of 2009. The property is located near the Aspen Ice Garden. Prior to redevelopment the property was accessed from South 2 Street and had the address 314 S 2 " During redevelopment, the property address was changed to 220 W Cooper. The front door and porch is located off of Cooper Ave. The building was not built precisely to the plans, resulting in the encroachments into the setbacks. PROJECT SUMMARY: The Applicant requests the dimensional variances to permit the existing encroachments. Without the variances, the owner would be required to replace the siding of the house to conform to the setbacks and would need to eliminate the portion of the second floor balcony that projects more than four (4) feet into the setback.' In addition, the hot tub would need to be relocated to a different portion of the parcel? The patio that is located in the front yard setback appears to meet the land use code requirements regarding encroachments into setbacks. STAFF COMMENTS: Staff comments and findings related to the Variance review criteria are included below. Detailed staff findings are found in Exhibit A. Variances from the Land Use Code are deviations that "would not be contrary to the public interest when, owing to special circumstances or conditions, the literal enforcement of the provisions of this Title would result in undue and unnecessary hardships." In addition, the variances must be consistent with the land sue code and the AACP, and any variance granted must be the "minimum variance that will make possible the reasonable use" of the building. Staff finds that this lot is not unique and does not warrant the requested dimensional variances. The Zoning Official approved plans that clearly outlined the required setbacks, and requested changes be made to plans that did not abide by the underlying zone district requirements. A building that is not constructed according to plans should not be rewarded with dimensional variances. In particular, staff believes the request for a hot tub in the front yard setback is a matter of convenience, and is not a true hardship. Section 26.575.040.A.3 states that balconies are permitted to extend up to four (4) feet into a setback. The existing balcony projects 4.1 feet. The code does not allow for extensions of building siding into the established setbacks. 2 Section 26.575.040.A.5 states that uncovered patios and similar structures are permitted in setbacks as long as they do not exceed 30 inches above or below grade. The Chief Building Official may permit projections that exceed 30 inches only when necessary for building egress. 2 + 0 - P3 RECOMMENDATION: Staff recommends denial of the requested variances. PROPOSED MOTION: (all motions are worded in the affirmative) "I move to approve Resolution #_, Series 2010, approving four setback variances on the property located at 220 West Cooper Ave." Attachments: EXHIBIT A — Variance Review Criteria, Staff Findings EXHIBIT B — Land Use Application 3 P4 RESOLUTION NO. (SERIES OF 2010) A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENTS APPROVING A VARIANCE FOR SETBACK ENCROACHMENTS FOR THE PROPERTY LOCATED AT 220 WEST COOPER AVE CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735- 024 - 030 -03 WHEREAS, the Community Development Department received an application from Milton D and Areta B McKenzie, represented by Christopher Coyle of Balcomb & Green PC, requesting approval of variances to allow an encroachment of 1.2 feet into the side yard setback for stone siding, an encroachment of .8 feet into the front yard setback for stone siding, an encroachment of .1 feet into the front yard setback for a second floor balcony, and, an encroachment of 15.8 feet into the front yard setback for a hot tub; and, WHEREAS, pursuant to Section 26.314, the Board of Adjustments may approve a Variance, during a duly noticed public hearing after considering a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended denial of the requested variances; and, WHEREAS, during a duly noticed public hearing on September 2, 2010, the Board of Adjustments approved Resolution No. -, Series of 2010, by a _ to L - vote, approving the Variances; and, WHEREAS, the Aspen Board of Adjustments has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Board of Adjustments fords that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Board of Adjustments finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENTS OF THE CITY OF ASPEN AS FOLLOWS: Resolution No L, Series 2009 Page 1 of 2 c P5 Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a variance to permit the following existing encroachments: an encroachment of 1.2 feet into the side yard setback for stone siding, an encroachment of .8 feet into the front yard setback for stone siding, an encroachment of .1 feet into the front yard setback for a second floor balcony, and, an encroachment of 15.8 feet into the front yard setback for a hot tub. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Board of Adjustments, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted, passed and approved this 2nd day of September, 2010. Rick Head, Chair ATTEST: leathryr S- I£eek, City Clerk p. APPROVED AS TO FORM: James R True, Special Counsel Exhibit A: Existing Survey showing permitted conditions Resolution No Series 2009 Page 2 of 2 P6 Exhibit A Sec. 26.314.040. Standards applicable to variances. A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision - making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of the Aspen Area Community Plan and this Title; Staff Finding: Staff finds that the proposed variance is not generally consistent with the Aspen Area Community Plan (AACP) and the Land Use Code. The AACP is an aspirtational document that does not address specific circumstances such as variances. The AACP states that it is "broad in scope and does not address every issue or parcel individually. The plan should be interpreted to apply generally to all properties and issues in Aspen..." However, staff does not believe that this request is consistent with the overall desire, as expressed in the Community Plan, to encourage responsible development. The proposal is not generally consistent with the Land Use Code. The building plans submitted were consistent with the Land Use Code, and the request for a variance is being made after the fact. Staff finds this criterion is not met. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and Staff Finding: Staff finds that the request is not the minimum variance that will allow reasonable use of the parcel. Again, the building plan approved met the requirements of the Land Use Code. Individuals should not be rewarded for not building to approved plans. Staff finds this criterion is not met. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or Exhibit A, Staff Findings Page 1 of 1 CO, P 7 Exhibit A Staff Finding: Staff finds that there are no unique circumstances on this parcel that warrant the granting of a variance. While the parcel is not typical in terms of street frontage, this does not mean the setbacks for the zone district should not be followed. Other properties in town lack specific street frontage and are still expected to abide by the established setback requirements. Staff finds this criterion is not met. b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings or structures, in the same zone district. Staff Finding: Staff finds that the granting of this variance would give this lot a special privilege that other lots do not enjoy. Specifically, it would excuse the developer for not building to plan. In addition, staff does not believe there is a hardship on this property that warrants the granting of setback variances. Many property owners in town have hot tubs and manage to place them within the property such that they do not violate the setbacks. The granting of these variances, especially the hot tub request, would give this applicant and property an advantage that no other property in town enjoys. Staff finds this criterion is not met. Exhibit A, Staff Findings Page 2 of 2 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 2- VI , Co O Ped SY , Aspen, CO SCHEDULED PUBLIC HEARING DATE: — (C e, ,l Y 2 e y-1 Pm , 204 0 STATE OF COLORADO ) ) ss. County of Pitkin ) 1, y\0 GC-CPO-1 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ✓ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof' materials, which was not less than twenty -two (22) inches wide and twenty -six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) r Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. t 7 The foregoing "Affidavit of Notice" was acknowledged before me this 14 day of ikci v AST , 200 , by 7 4 - .c A. E Ccxre PUBLIC NOTi J RE: LOTS K, L, M N, AND 0 OF BLOCK 54, ORIGINAL 220 W. TO PERSI COMMON WITNESS MY HAND AND OFFICIAL SEAL 5 2ND STREET, W. PER ST OWNSIT D OF 5 2ND STREET, COUNTY, AND ORADO. TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO, FOR A REQUEST FOR VARIANCES TO SETBACK REQUIREMENTS NOTICE IS HEREBY GIVEN that a public hearing My commission expires: 1 will be ld on rsdayy pm 2, 01 20, t ea meeting he to begin Thu at 4 00 Se pm befor e the Aspen F I� Board of Adjustments, Council Chambers Ci i • 1 l 11811,130 S. Galena SL, Aspen, 10 consider a n app- '_ ? ,1 i. '�V• plicioubmitted byy Mlton D. end Areta B. Notary Public TX 75254, and re McKenzie, n s 14880 i Drive, Ste209, Dallas, presented by Christopher Coyle of Balcomb 8 Green, PC. The applicant is requesting dimensional variances to the front and se ards. The popyy is legally described Lo y K, L, M, Nr , and erl O of Block es 54, Aspen as Townsite, Pitkin County, Colorado. For further • information, contact Jessica Garrow at the City of As pen munity ve epatment, S. Galena St , Aspen Delopmen CO, ( 9] D 8) r 429.2]80 , Iesslee.ioarrewti.aaoan.eo.ua. sl Rick Head, chair ATTACHMENTS AS APPLICABLE: Aspen Planning and Zoning Commission P Ii424582pen Times Weekly on August 'PUBLICA 4 OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24 -65.5 -103.3 ATTACHMENT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRBSSOFPROPIRTY: 220 West Cooper a /k /a 314 S. Second ,Alpe SCHEDULED PUBLIC REARING DATE: September 2 tiflOcao i n STATE OF COLORADO ) ei CentyefPWda I, Christopher 1.. Coyle (nano, ply per) being or representing an Applicant to the City of Aspen, Colorado, hereby pasonslly oatily that I have complied with the public notice requirements of Section 26 .304.060 (E) of the Aspen Land Use Code in the following manner: _ Publication of notice: By the publicmon in the legd notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public haring. A copy of the publication is attached hereto. x Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) hushes wide and twenty -six (26) indnes high, and which was composed of letters not less than one inch in height. Said notice was posted at last fifteen (15) days prior to the public hearing and was continuously visible from the 1 2 day of August , afick2ado and including the date and time of the public tearing A photograph of the posted notice (sign) is attached hereto. x Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hewing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County n they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on nest page) 0 _ Rtaonb'g ar text amendment Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Tittle, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description o1 and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning nap shall be available for public inspection in the planing agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. a z Signature The foregoing "Affidavit of Notice" was acknowledged before me this 2 day of August .20.11_, by Chri atnph.r T. Ceyl. • WITNESS MY HAND AND OFFICIAL SEAL NATALIE ZANCANELLA NOTARY PUBLIC STATE OF COLORADO M kweterreson ow2U7o11 N • ■ Public ATTACHMENTS: COPY OF TBE PUZLICATTON PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 0 . _ - - 43 "W" g ) 1 g g p Z • -1. AJAX APARTMENTS LLC ALBANO DUPLEX CONDO ASSOC 1 G0 W F AVE GENENE 402 MIDLAND PARK FL COMMON AREA ASPEN, CO 81611 1 W HYMAN AVE ASPEN, CO 81611 -1704 ASPEN, CO 81611 BEHRENDT MICHAEL H CHRISTENSEN ROBERT M & AT TN F ASPEN DEYf 334 W HYMAN AVE CANDICE L AT NA ASPEN, CO 81611 1240 MOUNTAIN VIEW DR 130 ST S S G, GALENA A ST ASPEN, CO 81611 GTMJ COLORADO LLC HENDERSON INVESTMENTS LP HYMAN STREET CONDO ASSOC C/O MICHAEL KARP COMMON AREA 1020 LAKE LANDING 3418 SANSOM ST 719 W HYMAN AVE THE VILLAGGESES, , F FL L 32162 PHILADELPHIA, PA 19104 ASPEN, CO 81611 KATZMAN DAVID B B HEATHER KOCH TOWNHOMES CONDO UHLMAN LANDING JEFFREY W 26050 HAWTHORNE ASSOC FRANKLIN, MI 48025 COMMON AREA ASPEN, CO 81611 W HYMAN AVE ASPEN, CO 81611 KUHNE JAY REV TRUST LITTLE CLOUD 3 LLC LITTLE CLOUD 4 LLC 315 W HYMAN AVE 1850 SE 17TH ST CAUSEWAY STE 305 1850 SE 17TH ST CAUSEWAY STE 305 ASPEN, CO 81611 FT LAUDERDALE, FL 33316 FT LAUDERDALE, FL 33316 LITTLE CLOUD HOA 121 ASPEN INC MARK CAROL KRAUSS C/0 KRABACHER £ SANDERS PC 1850 SE 11TH ST, CAUSEWAY STE PO BOX 92 9283 81612A283 2011 201N MILL ST FT LAUDERDALE, FL 33316 ASPEN, CO 81611 MORSE H GARY & RENEE MULLINS MARGARET ANN NICHOLSON WILL F JR & SHIRLEY 1020 LAKE SUNTER LANDING 216 W HYMAN AVE 37 POLO CLUB CIR THE VILLAGES, FL 32162 ASPEN, CO 81611 DENVER CO 80209 PITKIN COUNTY POOLE DAVID A & NIKKI FERRARI REEDER LYLE D TRUST 530 E MAIN ST 2302 PO BOX 10264 19384 MARKET RD ASPEN, CO 81611 ASPEN, CO 81612 DEWITT, IL 61735 ROSS PAULINE SANDLER FAMILY TRUST SANDS CASTLE DUPLEX CONDO PO BOX 1554 ASSOC PO BOX 9969 O 81612 PO BOX 1554 ASPEN, C ASPEN, CO 81612 ASPEN, CO 81612 SEIDER DENNIS J & LEAH SHADOW MTN HOMEOWNER P BO X JEFF W & MADALYN B ELLENBERG TRUSTEE ASSOC ASPEN, BOX 8 26642 LATIGO SHORE DR 232 W HYMAN AVE ASPEN, CO 81612 MALIBU, CA 90265 ASPEN, CO 81611 .,. . SHOAF THOMAS L SWISS CHALETIIQTZBUHEL TAYLOR TERRY R & CYNTHIA E 3511 PACES VALLEY RD PARTNERSHIP 515 N FLAGLER DR #P400 ATLANTA, GA 30327 1286 SNOWBUNNY 124 WEST PALM BEACH, FL 33401 -4320 ASPEN, CO 81611 WEIGAND FAMILY LLC WELLS FARGO BANK NATL ASSOC YONCE SUSAN S VALLEY RD 150 N M 3511 MARKET 1740 BROADWAY 7TH PL ATLANTA, GA LEY WICHITA, KS 67202 DENVER, CO 80271 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 220 West Cooper a /k /a 314 S. Second ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: September 2 X910 STATE OF COLORADO ) ss. County of Pitkin ) L Christopher L. Coyle (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. X Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty -two (22) inches wide and twenty -six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the 1 2 day of August , 1QQ2010o and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. X Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) , r Rezoning or text amendment Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of' owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ic--t,47-,_-__ Signature The foregoing "Affidavit of Notice" was acknowledged before me this 2 day of August , 20QQ, by (It; stopher T.. Coy e • NATALIE ZANCANELLA NOTARY PUBLIC WITNESS MY HAND AND OFFICIAL SEAL M •.m ' si ex.ir STATE OF COLORADO / My Commission Expires 09/24/2011 Not ry Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 0 PUBLIC NOTICE RE: LOTS K, L, M, N, AND 0 OF BLOCK 54, ORIGINAL ASPEN TOWNSITE, COMMONLY KNOWN AS 220 W. COOPER STREET AND 314 S 2"o STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO, FOR A REQUEST FOR VARIANCES TO SETBACK REQUIREMENTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Thursday, September 2, 2010, at a meeting to begin at 4:00 p.m. before the Aspen Board of Adjustments, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Milton D. and Areta B. McKenzie, 14860 Montford Drive, Ste 209, Dallas, TX 75254, and represented by Christopher Coyle of Balcomb & Green, PC. The applicant is requesting dimensional variances to the front and side yards. The property is legally described as Lots K, L, M, N, and 0 of Block 54, Aspen Townsite, Pitkin County, Colorado. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2780, jessica.garrow @ci.aspen.co.us. s/ Rick Head, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on August 15, 2010 City of Aspen Account BALCOMB & GREEN, P.C. ATTORNEYS AT LAW EDWARD MULHALL. JR. P. O. DRAWER 790 KENNETH BALCOMB (1920-2005) ScoTT BALCOMB 818 COLORADO AVENUE LAWRENCE R. GREEN GLENWOOD SPRINGS, COLORADO 81602 OF COUNSEL: TIMOTHY A. THULSON DAVID C. HALLFORD JOHN A. THULSON CHRISTOPHER L. COYLE TELEPHONE: 970.945.6546 THOMAS J. HARTERT FACSIMILE: 970.945.8902 CHRISTOPHER L. GEIGER SARA M. DUNN www.balcombgreen.com DANIEL C. WENNOGLE SCOTT GROSSCUP CHAD J. LEE July 29, 2010 Via U.S. Mail Community Development Department City of Aspen 130 South Galina Street Aspen, CO 81611 -1975 RE: APPLICATION FOR A DIMENSIONAL REQUIREMENT VARIANCE BEFORE THE CITY OF ASPEN'S BOARD OF ADJUSTMENT CONCERNING LOTS K, L, M, N AND 0, BLOCK 54, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO A/K/A 220 WEST COOPER A/K/A 314 SOUTH SECOND (THE "PROPERTY"), PITKIN COUNTY, PARCEL NUMBER 1276. Ladies and Gentlemen: Our firm has been engaged by Areta B. McKenzie and Milton D. McKenzie to assist them in obtaining various variances all as set forth in the attached application for variances. As required by the application process, our firm states the following: 1. The owners of the Property are Areta B. McKenzie and Milton D. McKenzie, 14860 Montford Drive, Suite 209, Dallas, Texas 75254. This Property is also subject to: 2. An easement twenty feet in width in favor of the Aspen Consolidated Sanitation District recorded in Book 354, Page 270, of the records of the Pitkin County Clerk and Recorder's Office. 3. A mortgage in favor of Bank of America, dated 7/1/2009, recorded 7/7/2009 at Reception No. 560573. BALCOMB & GREEN, P.C. ATTORNEYS AT LAW July 29, 2010 Page 2 4. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 5. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 273 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws." 6. Terms, conditions, provisions and obligations as set forth in Easement recorded and dated December 11, 1986 in Book 524 at Page 903. 7. Terms, conditions, provisions and obligations as set forth in Easements for Encroachments upon Easements Agreement recorded August 5, 1997 as Reception No. 407007. In the event that you have any further questions or comments, please do not hesitate to contact me at your earliest convenience. Very Truly Yours, BALCOMB & GREEN, P.C. L ' e / By: J2 Christopher L. ire CLC/lp Enclosure cc: Milton and Areta McKenzie Exhibit A During the process of the redevelopment of 314 South Second a/k/a 220 West Cooper ( "the Property"), certain encroachments occurred through no fault of the Applicant. Specifically: Encroachment 1. The rock siding on the northwest corner of the residence extends 1.2 feet into the Property's 10 foot side yard setback; Encroachment 2. The rock siding on the north east corner of the residence extends .8 feet into the Property's 25 foot "front yard" setback; Encroachment 3. The second floor overhang on the east side of the residence encroaches into the "front yard" setback 4.1 feet. 26.519.04v. 4 .'3 Bat c xW can extend a P Encroachment 4. A patio with a portable hot tub situated upon it encroaches 17.2 feet and 15.8 feet, respectively, into the Property's 25 foot "front yard" setback; The various encroachments are shown on the attached survey marked as Exhibit 1 and its supplementary page reflecting the location of the deck and portable hot tub on the Northeast end of the Property. ao... eo r 2M•MMM ,,. OOVxmoo eosin g — noxv. wa wia 09 MOOl0OONy'MW}ylyq'1 X V y ^� ®� _ _ - 3 ]� . - AsAmnouaw3nonewl 4 6 - .1i�yyy ....If ....If °N .. ON1 'ONIM33NION3 AN1Nf0O NOIN ` oa'rvv IN 710 0HrwO oauaw . .T • A g t �lg �i' ' yam. f Y�:4 i / I -- �� sk13 � r gg el y $31 4 3 ; rcy�.0XhA / 3/ / Up P Hi 1 E y of D M 1 11 e ; m4,ia. ' / •/ W jek 6 °l, 2nd i ga ' m — ` ` / / / • r / � /Wg I o 0 l el / / s . ai ' I l t' S a ! 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I ? trq • . f: 0 t Ave �I Sr. 4 4 j jAL to l SECOND / ` , �!l. / i ��• � •, �0 Ic c / , / i/ / e t s ail 03 — I . ei.,?. wit% AI 0, ir retti w ,� w x '1 1 1 :i 4 1P a w m O 0 c m m -- 1 � m mm y c7 rr c) 7 :1 orp r N D Z p � • N n r x (71 Zp �(7W CO M D A y v 0 O W Z O W Exhibit B REQUEST FOR VARIANCE Requests for Zoning Variance: Encroachment 1. Relief from the 10 foot setback required by Section 26.710.050 D. 5. of the Aspen Municipal Code. Encroachment 2. Relief from the 25 foot front yard setback required by Section 26.710.050.D.4 of the Aspen Municipal Code; Encroachment 3. Relief from the 25 foot setback required by Section26710.050 D.4 of the Aspen Municipal Code. Encroachment 4. Relief from the 25 foot setback required by Section 26710.050 D.4.of the Aspen Municipal Code; STATEMENT OF FACTS As part of the redevelopment of Lots K, L, M, N, and 0, Block 54, City and Townsite of Aspen, Dan Coleman obtained a building permit from the City of Aspen to construct a building consisting of 7,826.9 square feet that spread over the above lots. See attached Exhibit 2. At the time of the application and issuance of the building permit, the property's address was shown as 314 S. 2n Street. See attached Exhibit 3. The original plans for the construction showed the project as 314 S. 2 " Street as well. Applicants state under the original street numbering that the "front yard" of this irregularly shaped lot was located on South 2n Street on the Property's west side. See attached photographic Exhibit 4. It is bounded on the North by an alley, see attached photographic Exhibit 5. Its south yard faces a dirt bike trail belonging to the Pitkin County Open Space, which ends at the bike trail. See attached photographic Exhibit 6 and, to the East, the location of the overhang, patio and hot tub, by a neighboring property identified as 214 W. Cooper. See attached photographic Exhibit 7. Further, access to the East side of the residence is provided by a private easement across the adjacent lots which ultimately connect with West Cooper, see photographic Exhibit 8. How and when the address for the property changed has not been determined. However, the approved plans for the building were never modified to reflect the impact of the different set back requirements pursuant to R 15 Zoning i.e.: Front yard: 25 feet Side yard: 10 feet Rear yard: 10 feet The residence was constructed pursuant to the original plans as well as several change orders, all of which were approved by the City of Aspen's Building Department. A copy of the elevation received by the City of Aspen Building Department on April 17, 2006 showing, among other things, the east end overhang referred to as Encroachment 3 is attached as Exhibit 9. Likewise, an elevation reflecting a modification to that deck as received by the City of Aspen Community Development Department is attached as Exhibit 10. Ultimately, the residence was completed. It was inspected by the City of Aspen Building Department and a Certificate of Occupancy was issued on June 11, 2009. See attached Exhibit 11. That Certificate of Occupancy was amended on June 30, 2009 to reflect a change in ownership from Dan Coleman to Milt McKenzie, see attached Exhibit 12. The Certificate of Occupancy was issued only after the City Zoning Department, City Engineer's Department, City Water Department, City Sanitation Department, City Parks Department, and City Fire Department were given the opportunity to review the City's Final Building Inspection Report. Encroachments 1 and 2 were caused by the thickness of the rock work attached to the residence by applicant's predecessor in interest, Dan Coleman. The photograph shown as Exhibit 5 is an accurate reflection of Encroachment 1. Encroachment 1 which occurs on an alley between the residence and the Aspen Ice Garden. Encroachment 2 occurs on the Northeast side of the residence and has the same cause. Encroachment 3 is the second floor overhang on the Southeast side of the residence as constructed by Dan Coleman. Its size and location were clearly disclosed during the building permit and construction inspection process, see attached Exhibit 7. Its placement and construction were finally approved by the City's final inspection approvals by the several agencies charged with building compliance as set forth above. Encroachment 4 is a matter raised by the Zoning and Planning officials with whom the applicant's representatives met on July 13, 2010. These officials expressed a concern that the portable hot tub could not be placed in its current location without violating the "front yard" set back requirements. Applicant states that the portable hot tub does not rise higher than 30" from the finished grade as permitted by Aspen Municipal Code Section 26.575.040. The portable hot tub poses no impact to the adjacent property owner. Its removal would work a true hardship on the applicants and their buyer. Further, if one would consider the circumstances here, the yard where the deck and portable hot tub are located is in a side yard and are perfectly situated on the Property. DISCUSSION OF THE FIRST THROUGH FOURTH REQUEST FOR ZONING VARIANCES 1. The grant of the requested variances will be generally consistent with the purposes, goals, objectives and policies of the Aspen Area Community Plan and this title. 2. The grant of the requested variances are the minimum variances that will make possible the reasonable use of parcel, building or structure; and 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In this regard applicant states: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; and/or b. Granting the variance will not confer upon the applicant any special privilege denied by Aspen Area Community Plan and the terms of this Title to other parcels, building or structures, in the same zone district. CONCLUSION The residence constructed on the Property is uniquely situated on the Property the developer of this property, Dan Coleman went through the entire Building Permit Inspection process and issuance of a Certificate of Occupancy without objection being raised. Applicant further states that strict application of the set back regulations would result in exceptional and undue hardship upon him. In this case, if the setback regulations were enforced, the applicant would be required to dismantle the rock exterior on the portions of their house, remove their second level overhang from the side of the house, and remove the hot tub from what is, in actuality, a side yard for the house depriving it of a significant amenity for a mountain home. Applicant further states that given the unique nature of this redevelopment, and the reality of the various structures on the lot, granting of the variances will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan in the terms of this title to other parcels, buildings or other structures, in the same zone district. aspen co - Google Maps Page 1 of 1 Google maps Address To see all the details that are visible on the screen,use the "Print" link next to the map. Get Directions My Maps Print Send Link ' It' * .. 4 . n r 4 A + . • N It .� CO Vf • 1 , , Al ! - _ 1 ' - 7 • • c r , - - I4$ - - 9. , 1 l.1 ic . 11if41l ( - , I Pit 1fxrt\ art q 4 r • T ' 1, to . Vicinity Map http : / /maps.google.com/maps ?f =s&utm campaign= en &utm _source= en- ha- na- us- bk- gm &... 7/20/2010 .--- m ASPEN* PITKIN COMM' TV DEVELOPMENT DEPARTMF' PERMIT APPLICATION 1 130 South Galena PI 970 / 920-5526 ❑ 0 970 0 / 920 -5090 0l) 15• Zob t9•f ClC[ Aspen, CO 81611 970 / 920-55321 eecti• lino 970 / 92 448 // In � s ^ p / ecT / Line / PERMIT NO. G eneral Applicant to complete numbered spaces only. A .; , .! A 0 _ 1 ,l/ • �l.A JA Ja VI ,}217% Permit JOB ADDEyS e 1. 1 19 ail �( .0, . LEGAL LOT NO 1,. BLOCK TRACT OR SUBDIVISION -; �� I SEE ATTACHED SHEET) CO _ 7 2. DESC. , — p F DE OWN ` E ER R /y�y�'J'ry/ G ' J% � MAIL ADDRESS ZIP PHONE /f F�DI 3. OWNERS AUTHORIZED) ? ea,- MAIL ADD a a PHONE j‘ 4 07 ' 2- FN d 4. MH CONTRACTOR � 1 \� � q . PHONE LICENSE/19 • MS` , 5. 5 t- A,.,s- -t cyst -�A`Anr cs 8S �c' d ; .t, ° r e 1 • 77 93e6 ,1F UH EIVGINLLII MAIL ADDAESS PHONE LICENSE NO 6 7TP, m f A P • 4 fo' -, Aa✓, ',ed O qii 7 ; S" ENERGY CODE FEE ✓ IUSET C ENSUS CODE G.I.S. FEE V / Q C OF WORK 7. EW ❑ ADDITION ❑ ALTERATION ❑ REPAIR ❑ ` -- 4-. 11�� tot 55 2 D USE OF BUILDING `dBINGLE FAMILY ❑MULTI- FAMILY PLAN CHECK FEE PERMIT FEES ZONING FEE,, 0 8 . ❑ COMMERCIAL/RESIDENTIAL 0 COMMERCIAL ❑ OTHER I I n( Z�J r+ 25 21 36, 35 a VALUATI• OF WORK EXISTING SO. FOOTAGE SOUA FOOTAGE Type of Construction Occupancy Group Lot Area ' Q it, . 10. (?, TEL r G � 13 11. Is there food sorvice in this building ❑ YES VNO (rota SquarelnFt.) No. of Stories Occ. Load 0 Y 12. Is LPG used? ❑ YES r cy� NO — may' Zioe Z — z nnnnnn m NO. OF BEDROOMS Use Zone Fire Sprinklers RequiretlYes 0 54 13. Parcel ID# call 920 -5160 /2 4041— IR)"G 45..._ <- / e / n J ABM System Required? El Yes ❑NO C ' 1. Description of Work No. ` or Units OFFSTREET PARKING SPACES O *A/ar/ I PN / Covered Uncovered Y5 Y /,// SPECIAL APPROVALS REQUIRED AUTHORIZED BY DATE , TN ZONING % arigar< reffr F . H.P.C. `` PARK DEDICATION ENVIRO. HEALTH PRESUBMITTAL APPLICATION ACCEPTED PLANS CHECKED APPROVED FOR ISSUANCE prall ENGINEERING / i `� -Ip._ `r c BY Asa •�'A' I T . BY b BY •� ' NATKR 1� V . O DATE 0 A DATE e v DATE )° 1 Y/ DATE NATURAL RESOURCES I FIRE MARSHAL Y � / � \ NOTICE WATER TAP G Z�' OA. SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, HEATING, VENTILATING , J - \ OR AIR CONDITIONING. ASPEN CONSOL SAN. DIST. G THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS OTHER • / L i liraPI P TS NOT COMMENCED WITHIN 12 MONTHS. OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. PAYMENT OF PITKIN COUNTY USE TAX I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE /MONTHLY OR QUARTERLY RETURNS WILL BE SUBMITTED. SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOV- ERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR ❑ DEPOSIT METHOD .5% OF 25% OF THE PERMIT VALUATION PAID NOT. THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE AT ISSUANCE. A FINAL REPORT ON TOTAL ACTUAL COST MUST OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CON- BE FILED WITH IN 90 DAYS OF SUBSTANTIAL COMPLETION OF STRUCTION OR THE PERFORMANCE OF CONSTRUCTION. IT IS MY RESPONSIBILITY TO WORK AND / OR ISSUANCE OF THE CERTIFICATE OF OCCUPANCY. REVIEW THE APPROVED PLANS AND ANY COMMENTS THAT ARE CONTAINED THEREON AND LSEE JI4R DES. STRUCTUR' ND/HR PROJECT IS BUILT IN COMPLIANCE WITH ALL ❑ EXEMPT: EXEMPT ORGANIZATION Ole / �r ❑ RESALE: STATE & PITKIN COUNTRY RESALE NO. SIGNATURE OF CONTRAO OR 1 (OATS) - THE DEPOSIT METHOD WILL BE ASSUMED UNLESS OTHERWISE NOTED. ANYONE WHO USES AND / OR CONSUMES BUILDING MATERIALS AND FIXTURES IN cRWTNAME PITKIN COUNTY IS SUBJECT TO THE .5% USE TAX. PROPERTY LIENS MAY BE PLACED ON THE OWNER'S AND /OR THE CONTRACTOR'S PROPERTY WHEN USE TAX IS NOT PAID SIGNATURE OF OWNER IF OWNER BUILDER) (DATE) THIS FORM IS A PERMIT ONLY WHEN VALIDATED WORK STARTED WITHOUT PERMIT WILL BE DOUBLE FEE Energy Code Fee Plan Check Fee Zoning Fee GIS Fee Permit Fee Use Tax Deposit Fee Other Fees 1 1• t ! 1 ogt•2ho 449417as w to 77o�#.245 N1 1 O 113 fen? 1 - Jr * y _L- � ©e" T 1 0 Ln WHITE -FILE COPY CANARY- APPLICANT Fwhihit 2 ZONING CHECKLIST Mil Date: Owner's Name c& In (C%l l� it V Permit # • / �� A A Contact Pers Ai � Phone # G min. , Address al 4 Legal Description _, sTi1_Oljain��ai'3�' 7ra' Zone District t — Certified urvey 1,, - /!G/ /C PLANNING APPROVALS: HPC Conditional Use Design Review 8040 Greenline Stream Margin View Plane GMQS Special Review Bd of Adjust PUD ' .ORK New Construction Remodel/Addition Demolition/Relocation /. o gle - Family) Duplex Accessory Structure Commercial Multi- Family - # of /nits Employee House.- # of units LOT SIZE: -9_2.7 LOT AREA: 32.2_ 7 " SETBACKS Allowed (Princi aUp Acc) Proposed (Principal/Acc) Front 2_4 7 r �,( ,.r' Rear �i Combined Front/Rear Side Combined Side • Distance btw buildings Corner Lot HEIGHT (Principal /Accessory): Allowed: 7� Proposed:'`, _- �15 r FLOOR AREA Allowed: J (��[� Proposed: "� - Exempt Space (s.f.) Garage .5 ADU Subgrade !JI D lcs NET LEASEABLE S t" Existing: oposed: • ,* • OPEN SPACE % Required: Propbsed: j pa BEDROOMS Existing: #j Proposed: SITE COVERAGE Allowed: NA Proposed: Aria ON -SITE PARKING Required: '7 Proposed: Z_ Exhibit 3 FEES: School: Pat Dedication: .h Cash -in -lieu: Planning fees paid hl 6 L. ky f largo L AI ::. L tan k. un 1 iedy t Mi.() - (Cw.rec 4 Aor i»-'n 5°&. k b0;7,Ax /% r le RESIDENTIAL DESIGN STANDARDS SITE DESIGN BUILDING FORM Building Orientation r , Secondary Mass: ,� Build -to- Lines: Fence: PARKING, GARAGES & CARPORTS BUILDING ELEME Access (i.e. alley): Windows: Garage width: Door: � , F `. _ Garage location: (`f ; Porch: �w�`� Driveway cut: � -�—. k" - Principal window: Entrance width: One story element: fig p4, . 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I e. _•_. nal 9,4 rjylri hig. , • I __ ii 4 , r , if 44■ ■ i ■iei.1ii " � l . v.�v, -�..+ e u 1 g ) � { — J ilf;41 1�jy`ija�Ili3 .1f 'i1 i j •i wn .. 1! I l i kaa ; .. 33 : . I !�} i1 , I { � '. •, a ( il • •m :tot : tE 4i�Y'IN 0 . - a., i e e 0. 4.i I a e e t- Ri d L� r nigh i v a 1 !q ip _ 1 �_= emosPal pip', ea l - e!i �.■ C II II =,F i { ' . a / ii �� !i!ikasgiI� 1!! I +iii = w 0 ! Eh13A/AF,1:l=lkl;i; I •1 � 1 I � E_ _� a c I 1 1; *1 g * y a Certifica o Occupancy Aspen/Pitkln Community Development Depariment This certificate issued pursuant to the requirements of the 2003 edition df the International Residential Code. It certifies that at the date of issuance, the structure as described below was in compliance with the various resolutions and ordinances regulating building construction and use in this jurisdiction. ' Use Classification: 'SFR Building Permit: 0075.2006.ARBK ' Legal Description: SUB:CITY AND TOWNSITE OF ASPEN BLK:54 LOT:K - LOT:O ' . BK0423 PG:0818 " Building Address: 220 W COOPER ST Q ' i ASPEN CO 81611 • Owner of Building: ' DAN COLEMAN Owner Address: PO-BOX 729 ' CARBONDALE CO 81623 ■ - = Group: - _3 Type of Construction: VB 1 Use Zone: R 15 ' ! Description: - 7 ,827 SQUARE FEET INCLUDES SIX BEDROOMS, FOUR FULL BATHS, TWO 3/4 BATHS, THREE 1/2 BATHS, FOUR TOWN AND COUNTRY APPLIANCES, ONE KITCHEN, THEATRE, WINE - - • s ROOM, OFFICE, GYM, AND ONE TWO -CAR ATTACHED GARAGE. „ t_. r +1 . -- Comments & Restrictions: ' Li NFPA 13D FIRE SPRINKLER INSTALLED. • e r c i . 37iine ii 3077 C l ef Building Offic Date s I Note: In all occupancies, except R, this certificate must be posted In a conspicuous place near the main exit on the premises for which It Is Issued. Any alteration or use of these described premises or portion thereof whhuut the voitten approval of the Building ' �3 • Ctedal shall regale this C.O. and subject 8 to revocation. c - • Exhibit 11 l . . , - Certifica e o Occupancy { AspeniPitkin Community Development Depa ent i t 1 This certificate issued pursuant to the requirements of the 2003 edition of International Residential '' Code. It certifies that at the date of Issuance, the structure as described below was in compliance with I i • `I the various resolutions and ordinances regulating building construction and use in this jurisdiction:' L K -. Use Classification: SFR ,: Building Permit: 0075.2006.ARBK' , '• i , 1 i , Legal Description: SUB:CITY AND TOWNSITE'OF ASPEN BLK:54 LOT:K - LOT:O it . BK:0423 PG:0818 F Building Address: 220 W COOPER ST '-' r ASPEN CO 81611 it Owner of Building: • MILTON MCKENZIE P t Owner Address: 14860 MONTFORT DR r? .209 . } t1 DALLAS TX 75254 - I Group: - F' Type of Construction: VB ' • Use Zone: , R 15 I', Description: ` .7,827 SQUARE FEET INCLUDES SIX BEDROOMS, FOUR FULL BATHS, TWO 3/4 BATHS, THREE 1/2 BATHS, FOUR TOWN AND COUNTRY APPLIANCES, ONE KITCHEN, THEATRE, WINE ROOM, I ' OFFICE, GYM AND ONE TWO -CAR ATTACHED GARAGE. , - r1 . rI f (., Comments & Restrictions: [i NFPA 13D FIRE SPRINKLER INSTALLED. i :I 6' __ C (Ole, 30 2 [' Chle uilding Official • Date - `1 a Note In all occupancies, except R, this cer ust be posted In a conspicuous place near the main exit on the premises II for which It Is issued. Any alteration or use of trres described premises or portion thereof without the written approval of the Building ,f til Oldai shall negate this C.O. and subject 1 to revocation. ! 1 i . . . • • .. 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V :J 4 I n� O '– / ° e. .. ., A n - t �, / / 98„5 . °2 ^�� t 4' g g L ti 1 r� , • � _ ' f.. -' / Y , d 94 t9 Y `. 1 `. gy 8 g g Vii z l i :' / Y � � Z \ 0 A ' t Y s s y 2j Y •a:, z O F" Y g p l!' . a- F `J U lw - � / - ;. EY /v / ° ,A e. : W / YD a E °, Q ; ..S1 r ^ -c < / s X /J O p / AV O I : o/: t"' : / / / / / / / / ° U / _ . .. r tgaWir / - Y`g t iR 6' b db 13315 � n, y 4g og g1 N �� 3 S EQ x Rgg - ` t V i c y' 8Y° s . - 4 € W LY 4.21 �. &' N2E" 3d g A € pi; _ '1 6 ' .i ,`',4,1 dial Jessica Garrow From: Chris Coyle [chrisc @balcombgreen.com] Sent: Monday, August 02, 2010 4:21 PM To: Jessica Garrow Cc: Eric Cohen Subject: Milt McKenzie's Variance Application Attachments: 220_W_Cooper_MailingLabels.doc, ATT34379.txt Jessica: I enjoyed speaking with you this afternoon. Pursuant to our discussion, I attach the mailing list for the parties to be noticed - for Mr. McKenzie's Variance Application hearing before the BOA on September 2, 2010 at 4:00 PM. I received it 7/23/10 from Tyler Lambuth, GIS Specialist for Aspen /Pitkin County. I look forward to receiving your comments on the application and will immediately respond to them. Thanks, Christopher L. Coyle, Esq. Balcomb & Green, P.C. P.O. Drawer 790 818 Colorado Avenue Glenwood Springs, CO 81602 Ph: (970) 945 -6546 Fax: (970) 945 -8902 chriscPbalcombgreen.com The information contained in this electronic mail message is protected by the ATTORNEY /CLIENT AND /OR THE ATTORNEY /WORK PRODUCT PRIVILEGES. It is intended only for the use of the individual(s) named above, and the privileges are not waived by virtue of this having been sent by electronic mail. If the person actually receiving this electronic message or any other reader of the electronic message is not the named recipient, or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone, and delete this message and any attachments. Thank you. Email secured by Check Point 1 r .^a AJAX APARTMENTS LLC ALBANO DUPLEX CONDO ASSOC AYARZA FRED & GENENE 402 MIDLAND PARK PL COMMON AREA 160 W COOPER AVE ASPEN, CO 81611 121 W HYMAN AVE ASPEN, CO 81611 -1704 ASPEN, CO 81611 BEHRENDT MICHAEL H CHRISTENSEN ROBERT M & CITY OF ASPEN 334 W HYMAN AVE CANDICE L ATTN FINANCE DEPT ASPEN, CO 81611 1240 MOUNTAIN VIEW DR 130 S GALENA ST ASPEN, CO 81611 ASPEN, CO 81611 GTMJ COLORADO LLC HENDERSON INVESTMENTS LP HYMAN STREET CONDO ASSOC 1020 LAKE SUMTER LANDING C/0 MICHAEL KARP COMMON AREA THE VILLAGES, FL 32162 3418 SANSOM ST 719 W HYMAN AVE PHILADELPHIA, PA 19104 ASPEN, CO 81611 KATZMAN DAVID B & HEATHER KOCH TOWNHOMES CONDO KUHLMAN CARI D & JEFFREY W 26050 HAWTHORNE ASSOC 58 TRAINORS LANDING FRANKLIN, MI 48025 COMMON AREA ASPEN, CO 81611 W HYMAN AVE ASPEN, CO 81611 KUHNE JAY REV TRUST LITTLE CLOUD 3 LLC LITTLE CLOUD 4 LLC 315 W HYMAN AVE 1850 SE 17TH ST CAUSEWAY STE 305 1850 SE 17TH ST CAUSEWAY STE 305 ASPEN, CO 81611 FT LAUDERDALE, FL 33316 FT LAUDERDALE, FL 33316 LITTLE CLOUD HOA LPI ASPEN INC MARK CAROL KRAUSS C/0 KRABACHER & SANDERS PC 1850 SE 17TH ST, CAUSEWAY STE PO BOX 9283 #201 305 ASPEN, CO 81612 -9283 201 N MILL ST FT LAUDERDALE, FL 33316 ASPEN, CO 81611 MORSE H GARY & RENEE MULLINS MARGARET ANN NICHOLSON WILL F JR & SHIRLEY 1020 LAKE SUNTER LANDING 216 W HYMAN AVE 37 POLO CLUB CIR THE VILLAGES, FL 32162 ASPEN, CO 81611 DENVER, CO 80209 PITKIN COUNTY POOLE DAVID A & NIKKI FERRARI REEDER LYLE D TRUST 530 E MAIN ST #302 PO BOX 10264 19384 MARKET RD ASPEN, CO 81611 ASPEN, CO 81612 DEWITT, IL 61735 ROSS PAULINE SANDLER FAMILY TRUST SANDS CASTLE DUPLEX CONDO PO BOX 9969 PO BOX 1554 ASSOC ASPEN, CO 81612 ASPEN, CO 81612 PO BOX 1554 ASPEN, CO 81612 SEGUIN JEFF W & MADALYN B SEIDER DENNIS J & LEAH SHADOW MTN HOMEOWNER PO BOX 8852 ELLENBERG TRUSTEE ASSOC ASPEN, CO 81612 26642 LATIGO SHORE DR 232 W HYMAN AVE MALIBU, CA 90265 ASPEN, CO 81611 . . i,.. SHOAF THOMAS L SWISS CHALET /KITZBUHEL TAYLOR TERRY R & CYNTHIA E 3511 PACES VALLEY RD PARTNERSHIP 515 N FLAGLER DR #P400 ATLANTA, GA 30327 1286 SNOWBUNNY LN WEST PALM BEACH, FL 33401 -4320 ASPEN, CO 81611 WEIGAND FAMILY LLC WELLS FARGO BANK NATL ASSOC YONCE SUSAN 150 N MARKET 1740 BROADWAY 7TH FL 3511 PACES VALLEY RD WICHITA, KS 67202 DENVER, CO 80274 ATLANTA, GA 30327 Ofv‘5 cee_ dew.( wh . 7 Go 112 KLEIN, COTE & EDWARDS, LLC ATTORNEYS AT LAW I-IER13F.RT S. KLEIN 1tskCkcelaw.net 201 NORTH MILL STREET, STE. 203 LANCE R. COTE, PC* Irc@kcelaw.net ASPEN, COLORADO 81611 JOSEPH E. EDWARDS, III, PC jeenkcelaw.net TELEPHONE: (970) 925 -8700 COREY T. ZURBUCH ctzkcelaw.net FACSIMILE: (970) 925 -3977 EBEN P. CLARK cp akcelaw.net www.kcelaw.nct MADHU B. KRISHNAMURTI ntbk@kcelaw.net DAVID C. UHLIG dcurd'kcclas.net * also admitted in California June 21, 2010 VIA EMAIL: achomes @sopris.net Eric Cohen Morris & Frywald Sotheby's International Realty 415 E. Hyman Avenue Aspen, CO 81611 VIA EMAIL: chrisc @balcombgreen.com Chris Coyle Balcomb & Green 818 Colorado Ave. Glenwood Springs, CO 81601 RE: Contract to Buy and Sell Real Estate dated June 4, 2010 (the "Contract ") between Colette Daniels and /or assigns ( "Buyer ") and Milton McKenzie ( "Seller ") for 314 South Second Street (a/k/a 220 W. Cooper Avenue), Aspen, Colorado 81611 (the "Property ") Dear Eric and Chris: As you know we represent Buyer under the referenced Contract. This letter is sent pursuant to the Contract to provide you notice of unsatisfactory items pursuant to Section 8 of the Contract and Section 10 of Addendum A to the Contract. I understand that Eric is preparing and providing the Seller a Notice to Correct with regard to physical inspection items pursuant to the Contract. References to the "Survey" are to the Improvement Survey dated October 10, 2008 prepared by High Country Engineering. References to the "Commitment" are to Title Insurance Commitment dated May 26, 2010, as Order Number PCT22855L issued by Pitkin County Title. 1. The Survey shows that the northwest corned of the Garage is 8 feet 8 inches from the property line. The side yard setback requirement in this zone district is 10 feet. The C 0 Eric Cohen Chris Coyle June 21, 2010 Page 2 Seller needs to obtain from the City a variance or other written confirmation acceptable to Buyer that the garage may remain in the current location partially within the setback. 2. The architect informs us that the City may consider the East side of the Property to be the "front" yard (instead of the Second Street side). This is despite the fact the City Building Department and County Assessor's Office list the property as 314 South Second Street. If the City considers the east side to be the "front" yard, then the Survey shows that there is an encroachment of inches into the 25 -foot front yard setback requirement and the Seller nee s to obtain from the City a variance or other written confirmation acceptable to Buyer that the encroachment may remain in the current location partially within the setback. In the event the Second Street side is the "front" yard, we need written confirmation from the City acceptable to Buyer that the encroachment of the foundation and "second level overhang" shown on the Survey may remain within the setback. 3. The Survey shows that the far western corner of the foundation encroaches into a 20 foot wide sewer easement. The Seller needs to obtain an easement from Aspen Consolidated Sewer District allowing this encroachment to remain in place in a form acceptable to Buyer. 4. The . • 's tment indicates that we are receiving insured title to a 19 -foot wide access easement across - . - •ortion of Lots P -S to the e: • = .perry. There is some question concerning whet le - : - •• - was properly created, and I have discussed this with Tom Twitch- : i I • . County _ • 4 . Twitchell is still trying to resolve this issue. N. • : ccess easement is important to the use . • - Property. In the event _ • e Company amends the Commitment to delete insurance of this - ent, then we object and require the Seller to perfect the easement. 5. The Contract requires a ne - warrant .. •• er. We have prepared a form Warranty for the Seller : s . r • er • - : e. We need for the Warranty Agreement to • _ •!le • and delivered to the Title Comp:Is irrevocable instruc tons that it may be delivered to Buyer on closing (pending the signatu • f the Buyer). 6. Section 7.3 o �e•T Contract requires a "current" survey — the title company will require that it be dated e _ • six months • • . : - . • . ' ease update the Survey so that it reflects the cond , . ✓ - ' •• •erty as of the current date. Note 3 in the bottom left e Survey should be revise. _ .. • ingly. We reserve the right to : • • - c to anything new shown on the current survey once we - : - it. 7. With regard to the current • ey when it is provided: Note 2 in the bottom left corner of the Survey should be revises eference the Commitment; the surveyor should certify that all title exceptions a. .:: - e survey; the northern boundaries of the • 5-" Eric Cohen Chris Coyle June 21, 2010 Page 3 pavement or soft . rfaces of the Cooper Avenue ri: t of and the hard surface of the driveway to the ' - and across • : ' — should be shown; and the distance between the second floor ove •?r • :,• • western (Second Street) property line should be added. We look forward to working with you pursuant to the Co act to resolve the above items prior to the appropriate deadlines. Sincerely, KLEIN, C 1 t & EDWARDS, LLC By: SA 2/ • Josephl Edwards, II cc: Colette Daniels (via email) 818 Colorado venue Glenwood S u•s CO 8160 p'-' Ph: (970)94 8,02 Fax (970) 5- chrisc @bale m}en.com in ,.fined i is electron mail message i protect by The infonna ion ti lt AND /OR THE Al ORNEY 'ORK PRO a UCT PRIVILEGES. It is Y' in tended ATTOR E onl f use of the individual(s) n. ::. rove, and the privileges ar not aived by virtue of this having been sent by electronic ctually receiving this electronic message or any other mail. If the person , ic message is not the named recipient, or the employee reader of th electro o deliver it to the named recipient, any use, or agent res Bible ition or copying of this communication is strictly dissemination, di,u fib received this communication in error, please prohibited. If you have , telephone, and delete this message and any immediately notify us by attachments. Thank you. From Frank Harrington Lmailto:surveyor ©hceng.com] Sent: Monday, June 21, 2110 2:26 PM To: Chris Coyle Subject: 220 W. Cooper Chris, Attached is a copy of the fOndation certificate that was prepared in August of 2008. This shows that the foundation is within the setbacks even though our current survey shows that the siding is into the setbacks. Let me know if you need anythiig else. Frank Harrington, L.S. High Country Engineering, Inc. 1517 Blake Avenue, /Suite 101 Glenwood Springs, CO 81601 (970)945 -8676 6/24/2010 FOUNDATION IMPROVEMENT LOCATION CERTIFICATE ` \ /` / / / V ia oo ,o.Z s> s -- -FYI L. , 1 0 0 , :i...- Elko, e 750. \ J a / /t s4 L DSO / e / F OUNDATION/ ' &J �zs ,` M / / - 7 / / N / M / NS s / " � / 0 • O o s o ;C:7 / / CS:. 7S asr h / 7 vi- SCALE: 1" ° = 30' / / N N NOTE: THIS PROPERTY IS SUBJECT TO RESERVATIONS. RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR IN PLACE. PROPERTY DESCRIPTION LOTS K, L, M, N, AND 0, BLOCK 54, CITY AND TOWNSITE OF ASPEN. FOUNDATION IMPROVEMENT LOCATION CERTIFICATE I HEREBY STATE THAT THIS FOUNDATION IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED BY HIGH COUNTRY ENGINEERING, INC. FOR COLEMAN BROTHERS CONSTRUCTION, LLC. THAT IT IS NOT A LAND SURVEY PLAT OR AN IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TO BE RELIED UPON FOR THE ESTABLISHMENT OF FENCE, BUILDING, OR OTHER FUTURE IMPROVEMENT LINES. I FURTHER STATE THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE MAY 17, 2007. EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED. �. f .r.... FRANK W. .1. RI JGTON L. _:\9198 c 19536 - i v'. k:.::a � � COU�, DATE: AUGUi.- I '-. 008 '. - Near - "• "�'4 JOB NO.: 206101 ��HC'E� HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, SURE 101 C7 NEgR � GLENWOOD SPRINGS, C0 81601 (970) 9458676 rao .o.w...'.... '��'° ioa�uo�aM+� ;aooM'�ru'io.r wl9.w'xr �� J NY1d'�Nldtlil`J 83L5 g e • �'+ M anow� - 7 H - .1333116 ON003S H1f1O541 fi 1 2 8 Fi Fi �sv3 anraa csa ff d L861-iieO04l 'p tvcoc�c - ,�� OOtltlO1O7'N3d5tl d0 ALI7 .w°°" .... 5% . NOM,. w 'ON ' 'S.JJ '3N1 ' 9NR133NI9N3 AW.NI100 H9IH LSNO7'SOLIS NtlW310 6b§ Y cif\ G ARV S Nan Aef WI $ ; � ` 0- 6' � � a II 1 II I 1 1 1111111 8 g1.1.4 z >s / I Ir r �_ C '. `berm // I /11 1 N 1Pw 1 _ e r / I _ R t ax \ / I 111 0 r' 0 a wee I. .n j �!1 f / a / ii o /1' fr 4 4. t, • ' / : , / i x , ori N i 4 `s , ,. 4, / 4 0 / f■,' .., 11 4 7 eri 4" X11 ®r®; . s W14 0 1// a I • r rd f t • , ,i' 1 a l ' ki*:::t' , / / 45 r g r I ' ' ' . 4 0k. 2N I r � ° ' � Sntker 1 44,111er ifil y i � + q g T y SI CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE APPLICATION PACKET 4 THE CITY OF ASPEN Attached is an Application for review of Development that requires Land Use Review pursuant to the City of Aspen Land Use Code. Included in this package are the following attachments: 1. Development Application Fee Policy, Fee Schedule and Agreement for Payment Form 2. Land Use Application Form 3. Dimensional Requirements Form 4. Matrix of Land Use Application Requirements /Submittal Requirements Key 5. General Summary of Your Application Process 6. Public Hearing Notice Requirements 7. Affidavit of Notice All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the intemet at www.aspenpitkin.com , City Departments, City Clerk, Municipal Code, and search Title 26. We strongly encourage all applicants to hold a pre - application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. ATTACHMENT 1 CITY OF ASPEN DEVELOPMENT APPLICATION FEE POLICY The City of Aspen, pursuant to Ordinance 52 (Series of 2007), has established a fee structure for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Community Development when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. Several different staff members may charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can provide a summary report of hours spent at the applicant's request. After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the case following any hearing or approvals, up until the applicant applies for a building permit. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. When the case planner determines that the case is completed (whether approved or not approved), the case is considered closed and any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an Agreement for Payment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application and fee in order for a land use case to be opened. The current complete fee schedule for land use applications is listed on the next page. ark 0 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted 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 Historic Preservation Commission, Planning and Zoning Commission and /or City Council to enable the Historic Preservation Commission, Planning and Zoning 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, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 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 By: By: Chris Bendon Community Development Director Date: Billing Address and Telephone Number: ATTACHMENT 2 -LAND USE APPLICATION 'ROJECT: ANS Name: wool Location: (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) APPLICANT: Name: Address: Phone #: REPRESENTATIVE: Name: Address: Phone #: TYPE OF APPLICATION: (please check all that appl ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) �• Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (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 ] 3 -D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3 -D model. Your pre - application conference summary will indicate if you must submit a 3 4) model. c ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: 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: Proposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On -Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F /R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non - conformities or encroachments: Variations requested: . rs v a' TEL a a F y ° C r.+ 0 E _ N N N 0 O ~ a. c..3 al 3! a )4 1 . a s 0. a G 1 •0 L L L U a' .L. 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Accurate elevations (in relation to system in the area of the proposed pplicant's name, address and telephone mean sea level) of the lowest floor, subdivision. The contents of the plat shall ' sat number, contained within a letter signed including basement, of all new or be of sufficient detail to determine by the applicant stating the name, address, substantially improved structures; a whether the proposed subdivision will and telephone number of the verification and recordation of the actual meet the design standards pursuant to representative authorized to act on behalf elevation in relation to mean sea level to Land Use Code Section 26.480.060(3).20. of the applicant. which any structure is constructed; a Subdivision GIS Data. demonstration that all new construction or , The street address and legal substantial improvements will be 21. A landscape plan showing location, description of the parcel on which anchored to prevent flotation, collapse or size, and type of proposed landscape development is proposed to occur. lateral movement of any structure to be features. constructed or improved; a demonstration /171, A disclosure of ownership of the that the structure will have the lowest 22. A subdivision plat which meets the '. parcel on which development is proposed floor, including basement, elevated to at terms of this chapter, and conforms to the to occur, consisting of a current certificate least two (2) feet above the base flood requirements of this title indicating that no from a title insurance company, or elevation, all as certified by a registered further subdivision may be granted for attorney licensed to practice in the State of professional engineer or architect. these lots nor will additional units be built Colorado, listing the names of all owners without receipt of applicable approvals of the property, and all mortgages, 13. A landscape plan that includes pursuant to this chapter and growth judgments, liens, easements, contracts and native vegetative screening of no less than management allocation pursuant to agreements affecting the parcel, and fifty (50) percent of the development as Chapter 26.470. demonstrating the owner's right to apply viewed from the rear (slope) of the parcel. for the Development Application. All vegetative screening shall be 23. The precise wording of any maintained in perpetuity and shall be proposed amendment. 4. An 8 1/2" x 11" vicinity map locating replaced with the same or comparable the subject parcel within the City of material should it die. 24. Site Plan or plans drawn to a scale of Aspen. one (1 ") inch equals ten (10') feet or one 14. Site sections drawn by a registered (1 ") inch equals twenty (20') feet, 5. A site improvement survey including architect, landscape architect, or including before and "after" photographs topography and vegetation showing the engineer shall be submitted showing all (simulations) specifying the location of current status of the parcel certified by a existing and proposed site elements, the antennas, support structures, transmission registered land surveyor, licensed in the top of' slope, and pertinent elevations buildings and/or other accessory uses, State of Colorado. (This requirement, or above sea level. access, parking, fences, signs, lighting, any part thereof, may be waived by the landscaped areas and all adjacent land ^fit. Community Development Department if 15. Proposed elevations of the uses within one - hundred fifty (150') feet. development, including any rooftop Such +r'r the project is determined not to warrant a develo p g y p plans and drawings should survey document.) equipment and how it will be screened. demonstrate compliance with the Review Standards of this Section. 6. A site plan depicting the proposed 16. Proposed elevations of the layout and the project's physical development, including any rooftop 25. FAA and FCC Coordination. relationship to the land and it's equipment and how it will be screened. Statements regarding the regulations of surroundings. the Federal Aviation Administration 17. A sketch plan of the site showing (FAA) and the Federal Communications 7. A written description of the existing and proposed features which are Commission (FCC). proposal and a written explanation of relevant to the review. how a proposed development complies 26. Structural Integrity Report from a with the review standards relevant to the 18. One (1) inch equals four hundred professional engineer licensed in the development application. (400) feet scale city map showing the State of Colorado. location of the proposed subdivision, all 8. Plan with Existing and proposed adjacent lands owned by or under option 27. Evidence that an effort was made to grades at two-foot contours, with five -foot to the applicant, commonly known locate on an existing wireless intervals for grades over ten (10) percent. landmarks, and the zone district in which telecommunication services facility the proposed subdivision and adjacent site including coverage/ interference 9. Proposed elevations of the development properties are located. analysis and capacity analysis and a brief statement as to other reasons for 10. A description of proposed 19. A plat which reflects the layout of success or no success. construction techniques to be used. the lots, blocks and structures in the proposed subdivision. The plat shall 28. Neighborhood block plan at 11. A Plan with the 100 - year floodplain be drawn at a scale of one (1) equals one I " =50' (available from City Engineering line and the high water line. hundred (100) feet or larger. Architectural Department) Graphically show the front scales are not acceptable. Sheet size shall portions of all existing buildings on both be twenty -four (24) inches by thirty -six sides of the block and their setback from (36) inches. If it is necessary to place the the street in feet. Identify parking and plat on more than a one (1) sheet, an index front entry for each building and locate shall be included on the first sheet. A any accessory dwelling units along the vicinity map shall also appear on the first alley. (Continued on next page.) sheet showing the subdivision as it relates to the rest of the city and the street vw� c Indicate whether any portions of the 35. Exterior Lighting Plan. Show the houses immediately adjacent to the location, height, type and luminous subject parcel are one story (only one intensity of each above grade fixture. living level). Estimate the site illumination as measured in foot candles and include minimum, 29. Roof Plan. maximum, and average illumination. Additionally, provide comparable 30. Photographic panorama. Show examples already in the community That elevations of all buildings on both sides of' demonstrate technique, specification, and/ the block, including present condition of or light level if they exist. the subject property. Label photos and mount on a presentation board 31. A condominium subdivision exemption plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four (24) inches by thirty -six (36) inches with an unencumbered margin of one and one -half (I 1/2) inches on the left hand side of the sheet and a one -half (12) inch margin around the other three (3) sides of the sheet pursuant to Land Use Code Section 26.480.090. 32. A description and site plan of the proposed development including a statement of the objectives to be achieved by the PUD and a description of the proposed land uses, densities, natural features, traffic and pedestrian circulation, off- street parking, open space areas, infrastructure improvements, and site drainage. 33. An architectural character plan generally indicating the use, massing, scale, and orientation of the proposed buildings. O A written description of the variance ng requested. ATTACHMENT 5 al DEVELOPMENT REVIEW PROCEDURE ..d 1. Attend pre application conference. During this one -on -one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre - application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if sok additional information is needed or if problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The Applicant will be required to mail notice (one copy provided by the Community Development Department) to property owners within 300 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staff's memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board's questions and decision. 6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is submitted. • ATTACHMENT6 ANS PUBLIC HEARING NOTICING REQUIREMENTS Three forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting of the property, and mailing to surrounding landowners. Following is a summary of the notice requirements, including identification of who is responsible for completing the notice. 1. Publication - Publication of notice in a paper of general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development Department and we will place the notice in the paper within the appropriate deadline. 2. Posting - Posting of a sign in a conspicuous place on the property is to be done fifteen (15) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department, to fill it in correctly and to bring proof to the hearing that posting took place (use attached affidavit). 3. Mailing - Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Community Development Department, to mail it according to the following standards, and to bring proof to the hearing that the mailing took .404R place (use attached affidavit). ww Notice to mineral Estate Owner. An Applicant for surface Development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify that the notice has been provided to the mineral estate owners. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of public hearing. ATTACHMENT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: , Aspen, CO SCHEDULED PUBLIC HEARING DATE: , 200_ STATE OF COLORADO ) ) ss. County of Pitkin ) I (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty -two (22) inches wide and twenty -six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in ^► any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this day of , 200, by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: smi Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL Ask . N. / / / i , . //// ‘ ///' / . / /y` f ) a ZS G i 9 9Ya30S •,, /`^. ,�. x' ,01 ' %��L i , A f j - -. j / 4 a 4 / ! / / ' %w\ l >3 / /; ''' $ ._. / ; ." r • . / ,/ ,, / - - - ,,,',,, i / .,i 7 / / "7/ '. e /. , N1 64, 41 k ., , , , , ,,,.1. • i ‘ \ / a. y�.e'^Ja r % N ' • / 4 -1?.' ' '..41 / % / / ' , 7,.. / % , ° :, , j /, :::,,:,, // / /://,,,, j�, , ., I s . ' ' I ' . ;; ' ,# „ ' ' A 41# 1 c' ,,, / ,,, 1 .. -'' t i -`, / '',,," ' ' ''''' ...p : 7...... : 7 i f" :,,, .' .. r, ! ri / • � / j -"-:',..4&._4.:,,... _ 1 / / ' BEBi j i ' = r' 1 ° - l / 1\ I I I i 2 NC' .,;p II II py 1 I I 1 O 0 17 ›� 31 I J'-'V ,, , + 3 •; N • o2ml.l. 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OR Ci PH FAX (970)94 &2585 UNDERGROUND MEM MARKING ER UT1LIITIES 0 /Nt EFi� W W W.HOEND.00M DR 1 THE CITY OF ASPEN BOARD OF ADJUSTMENT APPLICATION PACKET DATE July 29 2010 CASE# 0059. 2.010. HSLL.0 APPLICANTMilton D. and Areta B. McKenzie PHONE (760) 861 -5507 MAILING ADDRESS l i,RFn Mngtfnrrl DrixTe Suite 209 Dallas. Texas 75254 OWNER Milton D. and Areta B. McKenzie PHONE MAILING ADDRESS LOCATION OF PROPERTY 220 West Cooper a /k /a 314 South Second (Street, Block Number and Lot Number) WILL YOU BE REPRESENTED BY COUNCEL? Yes Below, describe clearly the proposed variance, including all dimensions and justification for the variance (additional paper may be used if necessary). The building permit application and any other information you feel is pertinent should accompany this application, and will be made part of this case. Applicant's SignaturCL Representative for Milt nd Areta 401t. enzie REASONS FOR DENIAL OF BUILDING PERMIT, BASED ON THE ASPEN CITY CODE, CHAPTER 26. AN OPINION CONCERNING THIS VARIANCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTMENT STAFF DATE PERMIT DENIED OFFICIAL DATE OF APPLICATION HEARING DATE RECEIVED 1 JUL 2 9 2010 CITY OF ASPEN COMMUNITY DEVELOPMENT CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Milton D. McKenzie and Areta McKenzie (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for a Dimensional Requirement Variance, BOA (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted 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 Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning 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 $739.40 . which is for 6_0 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 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 Milton D McKenzie and Areta B. McKet J e By: B B Chris Bendon Christopher L. Co , Attorney authorized Community Development Director Date: representati July , 2010 Billing Address and Telephone Number: Balcomb & Green, P.C. PO Drawer 790 818 Colorado Ave. Glenwood Springs, CO 81602 (970) 945 -6546 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: 314 S. Second. a /k /a 770 W. Cooper MrKenvie RPGidenrp Applicant: Milton McKenzie Location: 7 70 W. Cooper Zone District: R_1; Lot Size: See attached survey 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: Proposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On -Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non - conformities or encroachments: SPe attarhedFxhi hi t A Variations requested: See attached Exhibit B. • CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Claude Salter, 970.429.2752 DATE: 7/13/10 Drew Alexander, 970.429.2739 PROJECT: 314 S. Second, aka 220 W Cooper, McKenzie Residence REPRESENTATIVE: Christopher Coyle, 970.945.6546 OWNER: Milton & Areta McKenzie TYPE OF APPLICATION: Dimensional Requirements Variance, BOA DESCRIPTION: In 2006, a permit for a new single family residence was issued for 220 W Cooper. There had been a house and garage on the same lot; demo permits were obtained. The lot is located on the South Side of the Aspen Ice Garden. The initial Site Plan had established the yards. During the course of construction and several change orders some encroachments into the established setbacks occurred. The current owner would like to sell the house. The proposed buyer would like the issue of the encroachment addressed with the City prior to purchasing the property. Hence, the McKenzie's would like to submit to the BOA a Dimensional Requirement Variance. The lot is an unusual shape. It is bordered on the North by an alley, the south by a dirt bike trail belonging to the City of Aspen, to the east by a neighboring property known as 214 W Cooper and to the West, South 2 Street ends at the bike trail. During the process of construction the encroachments occurred. On the north side of the building the stone veneer of garage encroaches into the rear yard setback. On the west side of the building the balcony structure and the foundation both encroach into a sewer easement. The east side of the building encroaches into the front yard setback as does the 2 floor overhang and the hot tub. The southern facade does not seem to have any encroachment challenges. These conditions were brought to light during inspection on behalf of the proposed buyer. The current owner plans to apply for a Dimensional Requirements Variance to allow for the existing conditions to continue in their current configuration. The variance review would be handled as a standard application for a variance. The application will be determined complete by the Community Development Department, A public hearing will be scheduled, Notice requirements will include publication, mailing and posting per section 26.304.060(E)(3)(a) —(c). Below is a link to the Land Use application Form for your convenience. http: / /www. aspen pitki n. com /Departments /Com m u n ity- Development /Plan n i ng- and -Zon inq/Title -26- Land- Use -Code/ Land Use Code Section(s) 26.314 Variances Review by: Community Development Staff for complete application Public Hearing: Required Planning Fees: $735 for Board of Adjustment processing and application. This includes three (3) hours of staff review time. Additional time over three (3) hours will be billed at $245 per hour Total Deposit: $735 Total Number of Application Copies: 7 Copies Includes appropriate drawing for board review (HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1 /ea.; Planning Staff = 2) To apply, submit the following information 12 (Total Deposit for review of application. I --Ore-application Conference Summary. LJ Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. ra 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. I (A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. 7("Completed Land Use application and signed fee agreement. 18 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. I vt'txisting elevations of the development r , ' written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application L� 7 copies of the Land Use Application and all additional letters, maps, and agreements. 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. L- July 20, 2010 Community Development Department City of Aspen 130 South Galina Street Aspen. CO 81611 -1975 RE: Application for a Dimensional Requirement Variance before the City of Aspen's Board of Adjustment Concerning Lots K, L, M, Nand 0, Block 54, City and Townsite of Aspen, Pitkin County, Colorado alkla 220 West Cooper a/kla 314 South Second (the "Property"), Pitkin County Parcel Number 1276. Ladies and Gentlemen: My wife, Areta B. McKenzie and I, Milton D. McKenzie, 14860 Montford Drive, Suite 209, Dallas, Texas 75254, telephone number (760) 861 -5507. are the owners of the Property. Please be advised that Christopher L. Coyle, Balcomb & Green, P.C., PO Drawer 790, Glenwood Springs, Colorado 81602, telephone number (970) 945 -6546 and having an email address of chrisc @balcombgreen.com is hereby authorized to act as our representative in the above referenced matter. Very Truly Yours, Milton D. McKenzie Areta B. McKenzie • • • d 7s`LFnninJF e!zuey{oWil!W d14:90 01. f, 1 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: August 2, 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 0039.2010.ASLU — 220 W. Cooper. 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. We need the following additional submission contents for you application: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. `Y our Land Use Application is complete: i 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. Th• You, t ._�1�1 .4 - ifer Ph Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes No Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing • Yes No Commercial E.P.F. 27s5 q - 68 Permit type Bili — IAspen Land Use Permit U 0039.2010.ASLU _ J Address 1220 W C00PER ST Apt/Suite City (ASPEN State CO Zip 81611 Permit Information Master permit 1 Routing queue aslu07 Applied 7/29/2010 Project r I Status pending Approved DescriptionrBOARDOFADJUSTMENT - DIMENSIONALREQUIREMENTSVARIANCE Issued Final -- _ -. J ---------- - ------ - -- Submitted r Clock !Running Days I 11 Expires 7/24/2011 Submitted via . • Owner Last name [ First name MILTON 114860 MONTFORT DR 7 209 Phone 112141522-9131 I Address DALLAS TX 75254 __...- J I Applicant IS Owner is applicant? ❑ Contractor is applicant? Last name I MCKENZIE Frst rare MILTON 14860 MONTFORT DR 209 Phone 11214) 522 -9131 Lust q 28859 _ I Address DALLAS TX 75254 ______I Lender Last name First name Phone [f) - J Address I $1 IkPP P Ao D ok 45366