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HomeMy WebLinkAboutLand Use Case.131 Midland Ave.0070.2010.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0070. 2010 .ASLU PARCEL ID NUMBER 2737 18 10 7007 PROJECTS ADDRESS 131 MIDLAND AVE PLANNER CLAUDE SALTER CASE DESCRIPTION RESIDENTIAL DESIGN VARIENCE REPRESENTATIVE STUDIOS ARCHITECTS DATE OF FINAL ACTION 3.13.11 CLOSED BY ANGELA SCOREY ON: 04.20.11 • DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order ", is hereby issued pursuant to Section 26.304.070, "Development Orders ", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Property Owner's Name, Mailing Address and Telephone Number MHRJ3, LLC, 131 Midland Ave, Aspen, Colorado, 81611, (970) 429 -2116 Legal Description and Street Address of Subject Property • Subdivision: Riverside Addition Block: 7 Lot: 3, Subdivision: Promontory Block: 1 Lot: 7 and:- Lot: 8 less the Southerly 15 feet part of lot 7 & 8, City of Aspen, County of Pitkin, Colorado • 131 Midland Ave, Aspen, Colorado 81611 Written Description of the Site Specific Plan and /or Attachment Describing Plan • Aspen Planning and Zoning Commission approved with conditions two variances from the Residential Design Standard. One for the Parking, Garages and Carports Standard and the other for the First Story Element Standard. • Approval grants the ability for new development to have an attached garage two (2) feet further back from the street than the front -most wall of the house. Approvals grant that the first story element may be a depth of four (4) feet from the wall the first story element is projecting from. Per the exhibit B Revised Proposal from P &Z meeting March 8, 2011. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Approval with conditions by the Aspen Planning and Zoning Commission for two Residential Design Standard variances regarding the Parking, Garage and Carport requirement and the First Story Element Standard. Issued on March 08, 2011. Effective Date of Development Order (Same as date of publication of notice of approval.) March 20, 2011 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) March 20, 2014 Issued thi I . y of Mar b 8, 2011, by the City of Aspen Planning and Zoning Commission. Chris Bendon, Director Community Development Tue, Mar 15, 2011 11:28:52 6293761 Ad Ticket #5 Acct: 1013028 Name: Aspen (LEGALS) City of • Phone: (970)920 -5064 Address: 130 S Galena St E -Mail: ANGELA SCOREY • Client: Caller: Angela Scorey Cit Aspen Receipt State: CO Zip: 81611 Ad Name: 6293761A Original Id: 0 Editions: 8ATI /8ATW/ Class: 0990 Start: 03/20/11 Stop: 03/20/11 Color: Issue 1 Copyline: 6293761 atw DO 131 Midland Ave R AT Legals 1710703 0I DEVELOPMENT APPROVAL Wino is botany sptic7 111030rinrtlryN a M PPP 707117444 e Creation 014 aided p00**n6 Mp 0100 10 mo Larat Use CFNe 0 RU GIY at Aspen am i 010 24. Ar11014 68 , Colorado R400s04 014041ee Lines: 60 WR A'or 61106047 €WITADUI- TION E %CEPTING FROM SAID LOT 3 THE SOUP 715 FEET, PARCEL B: APORTION OF LOT 7, BLOCK ! PROMO SUBDIVI- Depth: 5.01 SIGN. ACCORDING TO THE PLAT RECORDED AS DOCUMENT MD 105731 INOITCH 60042A RECORDS FORI MIN COUNTY MORE MORE DESCRIBED Columns: 1 AS FOLLOWS. BEGINNING AT A POINT WHENCE THE NORTHWEST CORNER OF LOTH SAID PROMONTORY SUEDOPAYON BEARS 1175 06' W 3.61 FEET'. THENCE 57506'5 46 Discount: 0.00 FEET TO THE 0 NORTHEAST CORNER Of SAID 10611, 3HE c 1417'4E 40 FEET; HENCE 1175'06'W 4 6 FEET AND WESTERLY 014 A STRAIGHT Commission: 0.00 LINE TO THE POINT OF BEGINNING, PARCEL C A PORTION OF LOT d, BLOCK 1 PROMO W TORY SUBDIVISION, WHICH SUBDIVISION PLAT IS RECORDED AS DOCUMENT NO 105170 IN DITCH 6C011 2A AT PAGE 240 OF 0.00 THE RECORD'S FOR PITKIN COUNTY, MORE Net. PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING A' A POINT WHENCE THE NORTHEAST CORNER OF SAID LOTS BEARS Y 0.00 066 2092 FEET, MENGE N1140 E 2002 . Tax. FEET TO TL N ORTTEPSTCOPNERO1 L OT9, WHICH ISASO THE SOUTHEAST COP!.E OF LOT 7. EAU FROCK 1" 0370 N75 08W 4 4001 FEET TO THE NORTHWEST CORNER OF SAID LOT 9'. THENCE 32"06' W TO A POINT 15 Total 30.36 FEET NORTHERLY OFTIf KMPHEASTCDR- NER or LOT 3 BLOCK T. RIVERSIDE ADDP TIGN'. THENCE 675 OWE TO THE POINT OF NTFRYECTION MTH - HE EASTERLY LINE OF 3 ID LOT p THENCE N2 3TETO THE POUT Payment 0.00 OF BEGINNING and d0 1611 ny 11 Mtl d N a nd 0 Ctl %M 21611, ny march Ren4719 MLni OCxnr0HVnrrn March 01,20 TM APTAe4r11 n,"We0 1va1 rtlln can.dlone IWO Re 0 4 .46 !N:.eA19n aMnGn1� 506 won In a'IS 9a F MNr bt 6IOr .mell00,CR6M 04IX Satl6n4 IM CAy AWwn 0050 CanitturHyDwooktprnplt DSpl 130 0, Galena $1, AZpen. COMMA) 1 0266000, S -Ce7c4 A4080 PJ 1040050 M Me Aspen 83 W6e414 0n March 20,2011. 162137E11 Ad shown is not actual print size Ad ID 6293761 _ J Date 103/15/2011 Time 111_28 AM PSI IC 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: PARCEL A: LOT 3, BLOCK 7, RIVERSIDE ADDI- TION, EXCEPTING FROM SAID LOT 3, THE SOUTHERLY 15 FEET. PARCEL B: A PORTION OF LOT 7, BLOCK 1 PROMOTORY SUBDIVI- SION, ACCORDING TO THE PLAT RECORDED AS DOCUMENT NO. 105731 IN DITCH BOOK 2A AT PAGE 240 OF THE RECORDS FOR PITKIN COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE NORTHWEST CORNER OF LOT 8 SAID PROMONTORY SUBDIVISION BEARS N75 °06' W 3.61 FEET; THENCE S75 °06'E 46 FEET TO THE NORTHEAST CORNER OF SAID LOT 8; THENCE N17 °45'E 40 FEET; THENCE N75 °06'W 16 FEET; THENCE IN A SOUTHERLY AND WESTERLY COURSE ON A STRAIGHT LINE TO THE POINT OF BEGINNING. PARCEL C: A PORTION OF LOT 8, BLOCK 1 PROMON- TORY SUBDIVISION, WHICH SUBDIVISION PLAT IS RECORDED AS DOCUMENT NO. 105731 IN DITCH BOOK 2A AT PAGE 240 OF THE RECORDS FOR PITKIN COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE NORTHEAST CORNER OF SAID LOT 8 BEARS N17 E 20.92 FEET; THENCE N17 E 20.92 FEET TO THE NORTHEAST CORNER OF LOT 8, WHICH IS ALSO THE SOUTHEAST CORNER OF LOT 7, SAID BLOCK 1; THENCE N75 °06'W 49.61 FEET TO THE NORTHWEST CORNER OF SAID LOT 8; THENCE S24 °06' W TO A POINT 15 FEET NORTHERLY OF THE SOUTHEAST COR- NER OF LOT 3; BLOCK 7, RIVERSIDE ADDI- TION; THENCE S75 °06 TO THE POINT OF INTERSECTION WITH THE EASTERLY LINE OF SAID LOT 8; THENCE N24 °37'E TO THE POINT OF BEGINNING, and more commonly known as 131 Midland Ave., Aspen, Colorado, 81611, by order of the Planning and Zoning Commission on March 08, 2011. The Applicant received approval with conditions for two Residential Design Standard variances allowing for the development of a single family residence with an attached garage. For further information contact Claude Salter, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920 -5090. s/ City of Aspen Published in the Aspen Times Weekly on March 20, 2011. [6293761] Ad shown is not actual print size AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: NIA , Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin ) I ,4a S � (name, please print) being or releresenting 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 at least fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. I 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. 31 - SC-c--"---c-1 Signature The foregom "Affidavit of Notice" was acknowledged before me this 7.2 -day of 1•\ , 201 \, by 4--v..e. Sc.''- , �— R a u a the Noryreishe ebY9 itiE 0 mecr of aSt4Sp ro ml9ht r WITNESS MY HAND AND OFFICIAL SEAL the crea119n of a yes p 2a Land Be�G oraEO Revised Si • 049189909 tc the tol '"g rc7 fl IDE ADM- M • � Q �-7 EXCEPTING i PARCEL A: LOT 3, BL y o mm exp res: (� (� SOUTHERLY I5 : LA PORTION EET. PARCEL B , AT D E 2Ep p FORR IN HE RECORDS FOLLOWS: BEGINNING ,�1A Ai ./ L4L.„l AS F NG ADTEA PROBNT otary Public WHENCE THE NORTH 'S ` SAID PROMONTORY W3.eNFEET; THI O 45 i .�Ptie FEET TO THE NORTHEAST M ENCE ^ 4� r o r•'• Q4.4 I II I STRAIGHT N WESTERLY LOT S: THENCE N17°45 'E 417 FEEO; THENCE ""6" 16 INNING.PARCE ATTACHMENTS: t LINE TO THE PO FL # - ' M. t j c'. A POflnoN OF LOT e. BLOCK 1 PROIAON- COPY OF THE PUBLICATION i t::•Nr, , t TORY PLAT IS RECORDED AS DOCUMENT N SUBDIVISION, WMIGH SUBDIVISIO N /iI `} • ,I q 105731 IN 2A AT OF ti �, THE RECORDS RDS FOR FOR PITKIN COUNTY, UNTY, MORE CO. PARTICULARLY DESCRIBED AS FOLLOWS: Y\ BEGINNING AT A POINT WHENCE THE NORTHEAST CORNER OF SAID LOT 8 BEARS My Commission Expires 03/2912014 N1]°45 E 20.92 FEET; THENCE N1] 45 E 20.92 FEET TO THE NORTHEAST CORNER OF LOT 8, WHICH IS ALSO THEASTCORNER OF LOT 7, SAID BLOCK CK 1; 1; THENCE N75°98W 49.51 FEET 8; R S24 0fi W TO A POINT T LINE FEET NORTHERLY OF THE SOUTHEAST COR- NER OF LOT 3; BLOCK 7, RIVERSIDE ADDI- TION; THENCE S75°06'E TO THE POINT OF INTERSECTION WITH THE EASTERLY LINE OF cem 1 fT :THENCE N24 °3T'ETONT Resolution No. _6_ (SERIES OF 2011) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING RESIDENTIAL DESIGN STANDARD VARIANCES TO CONSTRUCT A SINGLE - FAMILY RESIDENCE AND ATTACHED GARAGE AT 131 MIDLAND AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 273718107007 WHEREAS, the Community Development Department received an application from MHRJ3, LLC (Jennifer and Brian Hermelin), requesting Variance approval from certain Residential Design Standards for the construction of a single - family residence and attached garage located at 131 Midland Avenue; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the Variance Review Standards; and, WHEREAS, upon review of the application, the applicable Land Use Code standards, the Community Development Director recommended approval with conditions and denial of the Variances from two Residential Design Standards — Parking, garages and carports (Land Use Code Section 26.410.040 C.2.) and First story element (Land Use Code Section 26.410.040 D.2.); and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing; March 01, 2011; and WHEREAS, The Aspen Planning and Zoning Commission continued the public hearing, requesting applicant attempt to further meet the Standard; and WHEREAS, On March 08, 2011 at a continued public hearing, Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, (unchanged from the first recommendation) and has taken and considered public comment at a duly noticed public hearing; and WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, the Planning and Zoning Commission approves with conditions, the noted Variance requests to construct a single - family residence at 131 Midland Avenue, by a vote of _three_ to _two_L3_ — _2J, and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. RECEPTION #: 578388, 03/16/2011 at 03:39:09 PM, 1 OF a, R $26.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves variances from the following two Residential Design Standards: • L.U.C. Section 26.410.040 C.2., Parking, garages and carports (requiring the front facade of the garage or the front -most supporting column of a carport to be set back at least ten (10) feet further from the street than the front -most wall of the house). The specific review standard language reads: "The front facade of the garage or the front most supporting column of a carport shall be set back at least ten (10) feet further from the street than the front most wall of the house." A variance is granted to permit the garage to be setback (2) feet from the lower front facade and three (3) feet from the upper facade is permitted. and • L.U.C. Section 26.410.040 112., First story element (requiring all residential buildings to have a first story street - facing element). The specific review standard language reads: "all residential buildings shall have a first story street - facing element the width of which comprises at least twenty percent (20 %) of the building's overall width and the depth of which is at least six (6) feet from the wall the first story element is projecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first story element may be a porch or living space. Accessible space (whether it is a deck, porch or enclosed area) shall not be allowed over the first story element; however, accessible space over the remaining first story elements on the front facade shall not be precluded." A variance is granted to permit the depth of the first story element to be 4 feet (rather than the six (6) required) from the wall the first story element is projecting from. The Planning and Zoning Commission has determined the variance requests meet the review criteria outlined in L.U.C. Section 26.410.020(D)(2). These approvals shall permit the Applicant to construct a single - family residence with an attached garage located at 131 Midland Avenue as represented at the public hearing held March 8, 2011. Section 2: The building permit application to develop the above - mentioned residence shall include a copy of the final P &Z Resolution. All other requirements to develop a single family residence shall be submitted as part of the building permit application including but not limited to: adopted building and fire codes, relevant standards within the Aspen Municipal Code such as engineering and water system standards, Aspen Consolidated Sanitation District's rules and regulations, etcetera. 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 ordinances repealed or amended as . herein provided, and the same shall be conducted and concluded under such prior 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. Section 5: 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 Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. APPROVED by the Commission at its meeting on March 8, 2011. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: im T rue, special Counsel Stan Gibbs, Chair ATTEST: ... a ckie Lothian, City Clerk List of Exhibits Exhibit A: Site plan (representing approved variance from garage setback and first story element) / / - /- / — I R_ 1 1 0 ` 1 L --1 fl• I r , J . . ,G6i :" :__ / v \ �C F2 -0 kli 0 - t) 4111 41./Alk i I Z �6 z y O / XI co 1 � - - gb 6L k '7 W 2 a. 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N.M1. 41 ... xa . pATUT V.m. r. . • City Planning & Zoning Meeting — Minutes — March 08, 2011 Comments 2 Minutes 2 Conflicts of Interest 2 131 Midland Ave — Residential Design Standard Variance 2 625 E Main St — (Stage 3) PUD 6 1 City Planning & Zoning Meeting — Minutes — March 08, 2011 Stan Gibbs called the special Planning & Zoning meeting March 08, 2011 to order in 4:35 in Council Chambers meeting Room. P &Z Commissioners in attendance were Jim DeFrancia, LJ Erspamer, Cliff Weiss, Bert Myrin, and Stan Gibbs. P &Z members not in attendance were Jasmine Tygre and Michael Wampler. Staff in attendance Jim True, Special City Counsel; Claude Salter, Jessica Garrow, Community Development; Jennifer Phelan, Deputy Community Development Director; Jackie Lothian, Deputy City Clerk. COMMENTS Bert Myrin said thank you we have scheduled the 29 and his goal was to look at the goal and figure out what matches with the communities values. Jim DeFrancia said it would be in the Sister Cities Meeting Room. Cliff Weiss said that when we started this Bert started keeping track of some of these and asked Bert to send out a list of what is going to be up for discussion. Minutes Tabled to the next meeting. Stan Gibbs said it was helpful to get the portion on the Midland Avenue March 1 hearing. Declarations of Conflicts of Interest Erspamer recused himself on Stage 3 because he has a listing agreement with the property across the alley. CONTINUED PUBLIC HEARING: 131 Midland Ave. — Residential Design Standards Stan Gibbs opened the continued public hearing on 131 Midland Ave, residential design standard variance. Claude Salter said she will review some of the things from last time and said sitting next to her were Scott Lindenau and Joseph Spears from Studio B Architects representing the owners who would like to demolish a single family residence and rebuild it. Claude Salter said that they were requesting 2 residential design standard variances that are the parking garage and carport standard; that standard requires that a garage be setback from the house 10 feet. Salter stated the other standard was a variance from the first story element, which requires a residence to have a single story element without living space above it. The standards were created to preserve and establish neighborhood scale and character in general and ensure that Aspen streetscapes are conducive to walking. And to require that each home have a characteristic which contribute to the streetscape and more specifically the parking garage standard is a lifeless part of the streetscape and the first story 2 City Planning & Zoning Meeting — Minutes - March 08, 2011 element is to provide a human scale to the facade of the house to create a welcoming environment between the street and the house. Salter reviewed the criteria by which a variance is granted (a) provide an appropriate design or pattern of development considering the neighborhood, considering the development with adjacent structures and the neighborhood to determine if an exemption is warranted; (b) a variance is clearly necessary for reasons of fairness related to unusual site specific constraints. Salter said the Commission requested staff find out the dates of 18 residences used as examples to use as neighborhood context and when the residential design standards came into effect. Ordinance #30 series of 1995 was the first story element and garage setback were adopted; all residential buildings must have a 1 story street facing element the width which comprises at least 20% of the length of the width. The other one is all portions of a garage, carport or storage area shall be parallel to the street shall be recessed from the front facade a minimum of 10 feet. Salter said that of the 18 examples provided 9 were built prior to the adoption of the standards, 1 was built after the adoption but received a residential design variance and 7 were built after the adoption of the residential design standards and some of them actually do have the 1 story element. Salter said that the applicant has amended the design of their project with a redesigned garage entry setback 2 feet from the front facade and 3 feet from the second story level. The redesigned entry has a l story element which is a canopy extending 4 feet from the upper level and 18 inches into the setback as allowed by code. Staff recommends the parking garage variance be approved because the applicant has attempted to meet the setback standard. Staff fmds the 1St story element does not meet the intent or the requirements of the standard and also the project is new construction on a lot which does not have site specific constraints and staff recommends that Planning & Zoning deny the 1 story variance request. LJ Erspamer asked what would staff approve on the first story element. Jennifer Phelan replied what met the standard with no living space above it and the minimum; they made an attempt. Cliff Weiss said going back to the 18 homes and 7 were built after the adoption in 1995 and you say several met the first story elements so the others that did not, did they get variances away from 1 story. Phelan said that the building files show there were 1 story elements but it has not been verified that it is the right size. Weiss said there was an attempt to comply with the code. Weiss asked why in one 3 City Planning & Zoning Meeting — Minutes — March 08, 2011 area their attempt to meet the code you recommend approval and the other their attempt to find compromise with the code does not meet staff approval. Phelan replied that the entire staff recognized that it is a bit of an oddly shaped lot and yes you don't need to have a garage; they could also place the garage in a different location which would potentially affect the level of the design of the building and we felt that some extent of it there could be a front entry and it is a brand new house and a porch is a pretty typical feature of a building. Weiss said the distance of what you are looking for and what they have done is 2 feet, pretty minimal. Phelan said to get some recess from the facade. Jim DeFrancia said from the examples that one was built after the adoption of the residential design standards and got a variance; what was the variance. Phelan replied it was for building orientation; so she guessed the street might have been curvilinear. Salter said that they may have met it at the time and the code has changed since the 1995 adoption but it doesn't mean that they meet the code by today's standards. Joseph Spears stated that they did their own research from 5 or so years and the majority of these are doing what we wish to do and a couple within a half a block from this property and were built within the last 2 to 3 years before any changes were made. Spears said that HPC offers variances for the same standards or they could have been a lot split which they were not made to do the design standards. Scott Lindenau said that they have moved the garage as far back as they could without compromising an average size car. Lindenau showed a drawing with the trees and the porch is proposed at 10 feet wide and 5 feet deep and is much larger than the majority of those. Lindenau said the model shows the entryway. Spears said they pushed the garage back as far as they could to make the site functional. LJ Erspamer said that last time they were talking about the slope in the back of the garage and didn't want to encroach in the back because you didn't have any way to support that garage to the rear. Lindenau said that was to push the garage on the other side. The hand out was Exhibit C with photographs. DeFrancia asked staff if they were approving the garage setback at a minimum of 3 feet maintained from the upper level facade of the house. Phelan replied the front facade projects further towards the front property line; so as long as the garage is 3 feet from the second level which project further than the first level so it projects 2 feet from the first level. 4 City Planning & Zoning Meeting — Minutes — March 08.2011 Bert Myrin asked if the back of the garage moved back or did the garage get smaller. Spears replied the back of the garage moved back as well; the garage is smaller than standard by 6 inches. Weiss asked if this was presented to staff. Spears replied that it was just put together yesterday and today. No public comment. MOTION: Jim DeFrancia moved to approve Resolution #006 -11 approving 2 variance requests for the residential design standards to construct a single family residence at 131 Midland Avenue. Cliff Weiss seconded. Roll call vote: Myrin, no; Erspamer, no; Weiss, yes; DeFrancia, yes; Gibbs, yes. APPROVED 3 -2. Commission Comments prior to the roll call of the motion: DeFrancia reaffirmed that the intent is met with the setback as opposed to the protrusion of the porch; this is an unusual shaped lot and it is commensurate with the neighborhood it doesn't seem out of context. Weiss commented that this say ever since 1994 and before that there has been a hodgepodge, we are not breaking a precedent here and we are not setting one either. Weiss said that they were showing intent and trying and if they could have put another 2 feet on that canopy they would have done it but another code got in their way. Weiss said it wasn't a tremendous variance from anything that has been done. Erspamer asked Jennifer if this met the depth except they didn't do the other 2 feet. Phelan responded yes essentially it has the width requirement; this could be designed differently. Weiss said they were the designers and we were not. Myrin asked why we were taking space from the front where you could achieve a building inset door or inset space and giving it to the back of the house basically rather than shifting what could be the house back into the space that is there. Bert Myrin recommended an amendment to the motion to meet the code on the front door setback building element; LJ Erspamer seconded. Jim DeFrancia did not accept that amendment; there was a motion on the table and if that motion fails then Bert's motion could be considered. Gibbs said he was very much against variances unless there was good reason for it and certainly all the pictures don't influence his judgment in this because it is a case by case basis; we don't want to perpetuate that it has been done a lot. Gibbs said that he thought the site is constrained and the design we have seen, people should be able to design what they like Victorian or modern. Gibbs said in his 5 City Planning & Zoning Meeting — Minutes — March 08, 2011 sense the code was overly biased against modern design; it doesn't mean that you can't do a modern design and meet the code; there were other statements made that there were site specific constraints. Gibbs said we have heard enough given this design; we could make them change it but what we see here and the effort they have made to comply; is this were sitting with a bunch of Victorians that would be different than the eclectic neighborhood. Gibbs said he would approve both variances. Myrin said it is too much building for the site that is here; if the building was half the size or without a garage a lot could be accomplished. Myrin said there was nothing that talks about the building must fill the entire site or max out the FAR or must have a garage; it would be appropriate on a larger lot. Myrin said from what the code said he didn't see what staff recommended was the denial on the front door. PUBLIC HEARING: 625 E Main St — (Stage 3) PUD Stan Gibbs opened the public hearing for 625 East Main Street, Planned Unit Development. Jessica Garrow said the building was commonly known as the Stage 3 Building and Jeff Cardot, the new owner and Adam Roy with David Johnston Architects were present. There are 6 reviews in front Planning & Zoning Commission and they are to amend the Growth Management new review for the Free - market, Affordable Housing and Mixed Use Development; recommendations to City Council on the Amendment of Subdivision, Planned Unit Development and Rezoning. Garrow said this project was approved in 2007 and is vested and being reviewed under the 2006 code. The proposal is to amend the internal make up of the building and decreased in size by about 19% and rooftop deck and green roof have been eliminated. Garrow said by eliminating the rooftop deck the full height access stairs and elevator can be removed from the roof. The garage will have 13 parking spots in the basement and 3 on the outside of the building; the storage space in the basement is being converted to the Commercial Use of 2,118 square feet. There changes on the first floor have slightly more space; the second floor has a slight increase of office space. Instead of having 5 free - market units there are 3 two bedroom units; the density of the project is increasing. Staff is recommending approval of the Growth Management requests for the net increase in commercial square footage and the amendment for the Growth Management in order to decrease the density of the project and the use mix proposed. Garrow said the applicant has requested a PUD in order to enable the net livable space in those free - market units. So in 2006 there was an emergency ordinance 6 a MEMORANDUM To: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Directo m FROM: Claude Salter, Zoning Officer t25 RE: 131 Midland Ave - Residential Design Standards Variances, - Public Hearing MEETING DATE: March 8, 2011 (Continued from March 1, 2011) SPECIAL NOTE: This staff report is new since the March 1st hearing and addresses changes to the proposal since the last hearing. It contains the following: • A summary of the issues raised from the last meeting with additional information provided by Staff and the Applicant; • Staff recommendation & motion. Also attached is the original staff report of March 1, 2011. This memo provides the Commission with the variance request, and background associated with the RDS (Residential Design Standards) so the information is at hand. March 1, 2001 Meeting Summary: At the last meeting the Commission considered two Residential Design Standard Variance requests. Although the Commission liked the design of the residence they felt the applicant could make an effort to meet the required standards. The Applicant was given direction from the Commission to attempt to meet the Parking, Garage and Carport Standard and the First Story Element Standard. The Commission continued the meeting in order to give the applicant time to submit revised designs. The Commission requested Staff find date of construction of 18 residences used as examples by the applicant to illustrate neighborhood context. Commission requested the dates to better judge whether the RDS did not exist at the time of construction or if the RDS were enforced. Adoption of Residential Design Standards: Per recommendation from the adopted AACP (Aspen Area Community Plan) and a design symposium held during the same year goals were established to preserve neighborhood character. Ordinance No. 30 (Series of 1995) adopted initial design standards, the first story element and garage set back were adopted as follows: 2. Building Elements a. All residential buildings must have a one -story street facing element the width of which comprises at least 20% of the building's overall width. 3. All portions of a garage, carport of storage area parallel to the street shall be recessed behind the front facade a minimum of ten (10) feet. Subsequent changes to the design standards have occurred over time including changes to the first story element standard. r'^ Of the eighteen examples provided by the applicant to demonstrate the inconsistencies in the application of the RDS throughout the neighborhood: • Nine (9) were built prior to the adoption of the standards • One (1) was built after the adoption and received a RDS variance • Seven (7) were built after the adoption of the RDS. Of the seven which were built after the adoption of the RDS and used as examples; several met the first story element standard. The Applicant has amended the design of the project and a summary of the changes are provided below. Comments from Staff follow in a separate, italicized paragraph when applicable. The Applicant's representative has provided the changes in the attached Exhibit " • Redesigned Garage Entry. The garage entry has been relocated further back, to the minimum side yard setback. The reconfiguration provides for a two (2) foot setback from the main level and three (3) foot setback from the second level. • Redesigned Entry. The first story element is an entry canopy extending four (4) feet beyond the upper level facade. Technically, A minimum depth of six (6) feet is required. Staff Comment.: The Applicant has attempted to meet the intent of the RDS garage setback as suggested by Staff and staff recommends approval of the revised garage. With regard to the first story element, Stafffinds the proposed first story element does not meet the intent or the requirement of the Standard. Also the project would be new construction on the lot which does not have unusual site - specific constraints. STAFF RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the garage setback and require a minimum of three (3) feet be maintained from the front most facade (upper level) of the house. Staff recommends denial of the first story element variance request. RECOMMENDED MOTION (ALL MOTIONS ARE IN THE AFFIRMATIVE): "I move to approve Resolution No. _, Series of 2011, approving two variance requests from the Residential Design Standards to construct a single- family residence located at 131 Midland Ave." ATTACHMENTS Exhibit A — Application (provided 3/1/11) Exhibit B - Updated site plan and elevations BODY OF MARCH 1ST MEMO BODY OF MARCH 1ST MEMO Applicant: MHRJ3, LLC (Jennifer and Brian Hermelin) Representative: Joseph Spears, Studio B Architects - t Zoning: R -6 (Medium- Density Residential) Lot Size: 5,322 Square Feet Land Use: Single- Family Residence Request Summary: The Applicant is requesting two Variances from certain Residential Design Standards 131 Midland Ave., Existing Front in order to demolish the existing single - family residence and Facade attached garage at 131 Midland Ave and replace it with a new single- family residence and attached garage. Staff Recommendation: Staff recommends the Planning and Zoning Commission require the applicant to achieve some setback if not the full ten feet as required by the standard with regard to the garage setback and to deny the first story element variance request. LAND USE REQUESTS: The Applicant is proposing to demolish the existing residential structures located at 131 Midland Avenue and is requesting the following land use approvals to redevelop the site with a single- family residence and attached garage: • Variance approval from the Residential Design Standards pursuant to L.U.C. Section 26.410.020 D., Variances. The applicant is requesting variances from L.U.C. Section 26.410.040 C.2., Parking, garages and carports (requiring the front facade of the garage or the front -most supporting column of a carport to be set back at least ten (10) feet further from the street than the front -most wall of the house) and L.U.C. Section 26.410.040 D.2., First story element (requiring all residential building to have a first story street- facing element). r^ Fi :ure 1: Vicini ma. ti. ry _ _ • • a, Y1` 131 Midland Ave. is f ; :: ?E' r . REVIEW PROCEDURE: A variance from the Residential Design Standards shall be approved, approved with conditions, or denied after review and consideration during a duly noticed public hearing by the Planning and Zoning Commission under L.U.C. Sections: 26.410.020 D. Variances. PROJECT SUMMARY; The Applicant is proposing to demolish the existing single - family residence and attached garage located at 131 Midland Avenue and replace them with a new single - family residence and attached garage. STAFF ANALYSIS: RESIDENTIAL DESIGN STANDARD VARIANCES: All new structures in the City of Aspen are required to meet the residential design standards or obtain -a variance from the standards pursuant to Land Use Code Section 26.410, Residential Design Standards. The purpose of the standards "is to preserve established neighborhood scale and character....ensure that neighborhoods are public places....that each home...contribute to the streetscape." The proposal has been designed to meet the majority of the design standards. The two (2) design standards that are not met by the proposal are 1.) Parking, garages and carports, requiring "the front facade of the garage or the front -most supporting column of a carport to be set back at least ten (10) feet further from the street than the front -most wall of the house" and 2.) First story element, "all residential buildings shall have a first story street - facing element the width of which comprises at least twenty percent (20 %) of the building's overall width and the depth of which is at least six (6) feet from the wall the first story element is projecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first story element may be a porch or living space. Accessible space (whether it is a deck, porch or enclosed area) shall not be allowed over the first story element; however, accessible space over the remaining first story elements on the front facade shall not be precluded." Parking, garages and carports The parking, garages and carport standard requires that all residential uses that only have access from a public street provide a garage that is set back from the front facade of the house by at least ten (10) feet as represented in the example below which is in the Land Use Code. Figure 2: Garage setback The intent of the requirement is to: minimize the presence of garages and carports as a lifeless part of the streetscape where , alleys do not exist." As proposed (Figure 3), the new residence's 1 1 garage is flush with the front -most wall of the house. S Y ' Figure 3: Propose garage setback 4 x - 4 g "ex #' - ; S4Z' , w " „ ., At 7 it r i I d itt I T I 4411°) Li .r ii ' I r A V/ . / ■ There are two review standards that the applicant is required to meet if the Commission is to grant a variance from the standard, Section 26.410.020 (D) (2): a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site - specific constraints. Staff Finding: As shown in neighborhood photos within the application (Exhibit A), Staff feels that the Applicant 's request to vary the set back requirements of the garage is consistent with the context in which the development is proposed as the neighborhood in which the development is proposed is inconsistent at best with regard to garage location and provides examples of garages that are flush with the facade of the building; however, by locating the garage as proposed greater prominence to the garage is created that does not reflect the intent of the design standard The lot has the space to meet the intent of the standard and is not unduly burdened with an unusual site specific constraint. There exists an opportunity to meet the intent by either moving the location of the garage, moving the garage element closer to the side yard setback and/or moving the front -most wall of the house closer to the front yard setback Staff is recommending that the applicant amend the plan and provide some attempt at meeting the standard. Staff find only one of the two criterion met. First story element. The first story element standard requires that "all residential buildings shall have a first story street - facing element the width of which comprises at least twenty percent (20 %) of the building's overall width and the depth of which is at least six (6) feet from the wall the first story element is projecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first story element may be a porch or living space. Accessible space (whether it is a deck, porch or enclosed area) shall not be allowed over the first story element; however, accessible space over the remaining first story elements on the front facade shall not be precluded." Figure 4: First story element The project as proposed has a porch element which meets the depth and width requirements of the first story element 11 4111 standard; however, it is recessed below the (I;I ! I �' second story and does not meet the first story �i element standard that there "shall not be accessible space allowed over the first story element..." Again, there are two review standards that the applicant is required to meet if the Commission is to grant a variance from the standard, Section 26.410.020 (D)(2): a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site - specific constraints. Staff Finding: The residential design standards require certain building elements to be provided "to ensure that each residential building has street-facing architectural details and elements, which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions." Staff feels the design of the entry could be amended to provide the required first story element without removing significant portions of the second level. A one story element such as an entryway "provides an appropriate domestic scale for a private residence." The proposed project is not situated on a lot with unusual site - specific constraints. Staff does not find the criterion met. Ass Resolution No. _ (SERIES OF 2011) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING RESIDENTIAL DESIGN STANDARD VARIANCES TO CONSTRUCT A SINGLE - FAMILY RESIDENCE AND ATTACHED GARAGE AT 131 MIDLAND AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. WHEREAS, the Community Development Department received an application from MHRJ3, LLC (Jennifer and Brian Hermelin), requesting Variance approval from certain Residential Design Standards for the construction of a single - family residence and attached garage located at 131 Midland Avenue; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the Variance Review Standards; and, WHEREAS, upon review of the application, the applicable Land Use Code standards, the Community Development Director recommended approval of the Variances from two Residential Design Standards — Parking, garages and carports (Land Use Code Section 26.410.040 C.2.) and First story element (Land Use Code Section 26.410.040 D.2.), finding that the review standards for the requests have been met; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, the Planning and Zoning Commission approves with conditions, the noted Variance requests to construct a single - family residence at 131 Midland Avenue, by a vote of to (— ), and, WHEREAS, the City of Aspen Planning and Zoning Commission fmds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves variances from the following two Residential Design Standards: - • L.U.C. Section 26.410.040 C.2., Parking, garages and carports (requiring the front facade of the garage or the front -most supporting column of a carport to be set back at least ten (10) feet further from the street than the front -most wall of the house). The specific review standard language reads: "The front facade of the garage or the front most supporting column of a carport shall be set back at least ten (10) feet further from the street than the front most wall of the house." A variance to permit the garage to be setback three (3) feet from the upper facade is permitted. and • L.U.C. Section 26.410.040 D.2., First story element (requiring all residential buildings to have a first story street - facing element). The specific review standard language reads: "all residential buildings shall have a first story street- facing element the width of which comprises at least twenty percent (20 %) of the building's overall width and the depth of which is at least six (6) feet from the wall the first story element is projecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first story element may be a porch or living space. Accessible space (whether it is a deck, porch or enclosed area) shall not be allowed over the first story element; however, accessible space over the remaining first story elements on the front facade shall not be precluded." The Planning and Zoning Commission has determined the variance requests meet the review criteria outlined in L.U.C. Section 26.410.020 (D)(2). These approvals shall permit the Applicant to construct a single - family residence with an attached garage located at 131 Midland Avenue as represented at the public hearing held March 1, 2011. Section 2: The building permit application to develop the above- mentioned residence shall include a copy of the final P &Z Resolution. All other requirements to develop a single family residence shall be submitted as part of the building permit application including but not limited to: adopted building and fire codes, relevant standards within the Aspen Municipal Code such as engineering and water system standards, Aspen Consolidated Sanitation District's rules and regulations, etcetera. 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 ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior 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. Section 5: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation M., presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. APPROVED by the Commission at its meeting on March 1, 2011. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Stan Gibbs, Chair ATTEST: Jackie Lothian, Deputy City Clerk List of Exhibits Exhibit A: Site plan (representing approved variance from garage setback) Exhibit B: elevations (representing approved variance from first story element) F I I 5 r L _ //' — J I L , / I 4. _........ J � y g D � M taltma 5: Oa J !II m= 5, 1 / % � <0 / , 1 _t' y g rs \ IVA )140+ iik Nit r t ii fA ski,i. S �yvi- ,�t:� is ,' »'os IP D v 4$ t &eW mcn M to 0 81 11 t ip a i r G1 in ° Om m rTp; mm < =AL1 z z_1 52 0 74Ag °ili m �a 0m x omi�iaom ° rp� y = zsngny`4 i ; wiz mw>< m a n mo ,,44 Ay I d S D Oi ;(1 III HERMELIN RESIDENCE i r i • I 131 MIDLAND AVENUE u V r..�.. r.r r. 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City Planning & Zoning Meeting — Minutes — March 01, 2011 Comments 2 Minutes 2 Conflicts of Interest 2 131 Midland Ave — Residential Design Standard Variance 2 Code Amendment — Affordable Housing percentage above grade 1 Ci Plannin & Zonin Meetin — Minutes — March 01 2011 Stan Gibbs called the regular meeting March 01, 2011 to order at 4:35 in Siste Cities meeting Room. P &Z member excused was Jasmine Tygre. P &Z r Commissioners in attendance were Michael Wampler, Cliff Weiss, Bert Myrin, Jim DeFrancia, LJ Erspamer and Stan Gibbs. Staff in attendance Jim True, Special City Counsel; Claude Salter, Sara Adams, Community Development ; Jennifer Phelan, Deputy Community Development Director; Jackie Lothian, Deputy City Clerk. COMMENTS Bert Myrin asked on the future agenda for March 22n and March 29` if there was something on the agendas. Jennifer Phelan said the regular AACP meetings were cancelled on those dates. Jim DeFrancia asked if there was an AACP Meeting next week. Jennifer Phelan stated no; that it was a special meeting. Jackie Lothian noted that the meeting on the 8th was in Council Chambers. Bert Myrin said that code amendments that have come up in the past year or so; is there a time that we can discuss those, maybe in one of those 2 meetings. Jennifer Phelan replied that we don't want to put the cart before the horse depending on the code amendment. Cliff Weiss said that Bert has been keeping a list of things that P &Z wanted to tweak. Jennifer Phelan said there was a capacity issue; having a meeting doesn't necessarily mean that you will have staff to be able to do what you were interested in seeing what you want to happen in the time line that you want to see it happen. Stan Gibbs asked if we need a notice for those meetings. Jennifer Phelan replied yes it should be a meeting noticed for 24 hours with a quorum to attend. Jennifer Phelan introduced Claude Salter, the Zoning Officer for the City of Aspen. MINUTES MOTION: 15th Myrin moved to approve the minutes of February 8`" and February 1 S with change on February 15 on page 8 to "re—graded" seconded by Jim DeFrancia. All in favor APPROVED. Declarations of Conflicts of Interest LJ Erspamer stated that his wife worked for Stewart Title and he knew the people on the title but did not have a conflict. PUBLIC HEARING: 131 Midland Ave. — Residential Design Standards Stan Gibbs opened the public hearing on 131 Midland Ave, residential design standards. Notice was provided. Claude Salter represented the city and introduced 2 r:. 1 Ci Plannin & Zonin Meeting — Minutes — March 01 2011 Joseph Spears and Scott Lindenau from Studio B Architects representing the applicants, Jennifer and Brian Hermelin. if Claude Slater gave 3 reasons for the residential to preserve and establish the neighborhood scale andesign hi ter, to e n su a that were re the neighborhoods are conducive to walking and require that each home contribute to the streetscape. The applicants were requesting variances from 2 of the residential design standards: parking, garages and carport standard and the first story element standard. Slater said if the project proposes appropriate design or pattern of development consistent with the neighborhood with adjacent structures as well as structures in the immediate neighborhood or the second standard is the variance may be granted for reasons of fairness related to site specific constraints of the lot. The garages have to be setback from the front most facade of the house at least feet; the intent of this requirement is to minimize the presence of garages and 10 carports as a relatively lifeless streetscape. Slater said the applicant was proposin g a garage that was flat with the front most wall of the house. Staff feels that the lot does not have site specific constraints and the owner is trying to take the best advantage of the views provided from the lot and are asking for their garage to in a certain space. 8 g be Slater stated the first story element requires that all residential building shall have first story street facing element and not have living space above this element. An a example of it would be a porch which doesn't have living space above it. The I intent of the standard is to provide a human scale to the facade and enhance the walking experience and reinforce the local building traditions of the nei hbo ho Slater said the applicant was proposing a first story element that in some ways od. meets the standards however it does have living space above it; they don't meet it in that they have living space above their first story element. Staff recommends with regards to parking and the garage element that some setback is achieved and for the first story element staff recommends that P &Z d the first story variance request. eny Cliff Weiss asked if there were, inconsistencies we don't want it to get any w Jennifer Phelan said the intent with new development was to create buildings orse. meet these standards so they have more typical design characteristics. Phelan sa i there is an array of architecture and design in this neighborhood and they d y reco it; they do think that it is not a site constraint issue but something that gnize play with this design and become in more conformance with the ntent of could back the garage element. setting 3 Ci Plannin & Zonin Meetin — Minutes — March Ol 2011 LJ Erspamer asked if this was in the subdivision with covenants covenants relate to P &Z judgment tonight. Jim True replied that he diddo n do the there were covenants or not but covenants don't relate to your c know ovenants is are a private issue. r�udgment; c LJ Erspamer asked if the trees a P l trees may or may Y a role in this. Jennifer Phelan replied that some y not be able to be cut down but you look at the site the location o the garage is furthest away from the views of Aspen Mountai f Mountain. Er since there are no alleys and there are criteria for this type h e of s pamer said said you had mentioned immediate neighborhood and a lot of the e co de talks a talks a br neighborhood so the immediate neighborhood means just the homes ebout the street. Phelan replied typically what we say is the neighborhood, hoes on that stoe of decide what the neighborhood context is; it doesn't say immediate a a ac e get to buildings it could be a block away; whatever you feel a neighborhood ghborhood context is reasonable to determine. Erspamer said that you talked about walking, sidewalk; what is your concept of a pedestrian there. Salter r the there is no sidewalk across the street and if you don't try to meet some of th there a preclude ever having a sidewalk. f these standards you Bert Myrin asked if the garage area were uncovered could that as a driveway without a design variance. Jennifer Phelan relied fe area be used uncovered but if it was a carport it would still have the same standards as asked if a garage was required for all residences. Phelan re lie Myrin d if the garage could be shifted to where the kitchen area was; from th Myrin asked e perspective if the garage was living area could it still look like h it look zoning said the point of the setback for the garage is to have it setback s• Phelan prominent as the main structure of the house. and not be as Scott Lindenau said that contextually this area was a transition has a lot of very peculiar complexities to the site. In the existi and this subdivision garage faces the street and they are essentially ng package the what doesn't show are the numerous trees that overhang into h e se t to a c same place; and the ck only view is right there. Lindenau said there was a utility box h couldn't moved and a large boulder and 2 large trees and the props drops and th i utility pole so there are a lot of site constraints and the lot is y and there s a Lindenau said this was a one car garage and it can't be moved d ec shaped. e and the lot is too narrow; if they move the garage back 10 feet because o tn tree the car doe' fit. Lindenau said the height was 2 feet under the current height limit; so they are at 23 feet. Lindenau said the entrance was a kind of a portal recessed g e 4 sed 5 %z feet with a Ci Plannin & Zonin Meetin — Minutes — March 01 2011 small canopy that defines entry. As far as livable space above the front entrance; there were 4 or 5 examples on the same street that are indeed the same case. Lindenau said they could take a look at setting the garage back a couple of feet was a dilemma because of the setback. Joseph Spears said on the diagram if the at garage was located in the center it would be more prominent; not as visually pleasant as to tucking it off to the side. Spears said the one story element was summarized in their packet they delineated the first story from the second with a break down scale; they could get a 12 inch canopy on the front but not a 6 foot because they would have to push the house way back into the trees. Linde the footprint of the floor plan was just under 1500 square feet and a lot was bu said as grade. below Jim DeFrancia asked the nature of the variance. Lindenau responded that t o get the setback for the garage of 10 feet from the front of the house without putting garage in the middle of the building. DeFrancia asked as it is now desi e wh is the setback of the garage. Jennifer Phelan replied that it was flush it at building. Spears said it was 18 inches back from the second sto wit the asked if the issue is the setback from the front of the house, not om line or building envelope. Phelan answered that was correct so that the main house property has more prominence. Spears said that if we didn't have that utility pole 2 trees we could probably easily do a garage in this section but removing and these in would be costly and removing the utilities would be costly. DeFrancia asked fifth garage door was glass. Spears replied that it was proposed. DeFrancia said that seems to mitigate its appearance as a garage. DeFrancia asked if there opinion from the neighbors. Spears said that they mailed everyone and h s any no response, ere was Cliff Weiss said that that you are 2 feet under the height allowable and attachment 3 says 1 foot; which is correct. Weiss said there was 2855 feet proposed, how much of that was above grade. Spears replied that was all above grade. Weis asked how much was below grade. Lindenau replied 4000 square feet total. s Gibbs asked if there were windows in the sub -grade space. Spears sw Stan was a light well. Weiss asked staff to elaborate that if the applicant says they there set it back and he gets the garage in the middle but not on the other end, wh er r can does staff think that they are going to put it. Phelan replied that actually e combined yard setback is 12 feet so they could do 7 feet one side and and 5 other side yard; they could put this as a 5 yard setback closer to the property d 5 on the and tweak it on the other side. Weiss asked how far it protrudes be and this line entryway and it is flush, how deep is the ent y this Phelan stated the biggest issue with the entryway was the livable s led it o s 6 feet. 5 pace abbove it. Ci Plannin & Zonin Meetin — Minutes — March 01 2011 Myrin asked if there was an estimated cost on removing the trees and the ' other than right in the middle. Spears replied no; these trees were 8 inch caliper so they were probably $15,000.00 to remove them. Lindenau said this part of toper to was flat and it steps down to the large rock and utility pole. Spears said the c u l look into burying the utility line but that doesn't just go to their house it Y could neighborhood. DeFrancia said in his mind the entryway was the door; there wees e the existing properties with living space above the doors. Phelan replied correct, the re are existing examples and that was something that you will need to determine; doe this neighborhood context create the basis for creating a variance or do o 'does u fe that the design standards are there for a reason or do you feel that they re el tearing with down the existing house and are starting with a clean slate so they can comply standards. Lindenau said that virtually every house on the street and in neighborhood all have that same element. Phelan said you don't have to build porch it could be a one story livable space but that is not how this was desi le a Weiss asked when this design code was put into place and when were all t es d houses built. Phelan said she thought it was 2000 with changes in 2003 ese and 2005. Lindenau said one of the challenges of this property was that this wasn't a rectangular lot like in the west end. Weiss said that you made that point but Y ou a Y also said that because of the neighborhood you should be allowed to do what to do and I am trying to determine when was the code written and why didn't those other houses comply or were they built before the code was written. Erspamer asked if there were any ADUs on site. Phelan replied there were none proposed. Erspamer asked if there was any mitigation. Phelan responded that there will be and it is handled at building. Erspamer asked if there were any the neighborhood to bury those utilities. Spears replied they will look into that Y plan and there must be an easement to that pole. Erspamer asked if that created a hardship with setbacks. Lindenau replied that he assumed that it would. Ers asked what the living quarters above the garage were. Spears replied it was a amer bedroom. Michael Wampler asked how the footprint of the new house fit on the lot with house that is already there. Spears responded the proposed house front is o the where the house is; the proposed house is a little longer. about Stan Gibbs said it looked like the power pole was in the right -of -wa no front property line. Spears said the utiIit o Y ton the could go into the setback. Salter replied it was specific s es of balcony if balconies living space above the first story element. p balcony and it can't be 6 City Plannin & Zoning Meeting Minutes March 01 , 2011 Weiss asked what is the intent of no living space above an entry. Phelan relied that it was only if you have a porch element that is going to meet your first story element requirement so for example you could do a first story element that had been added onto the building that has no second story; the intent is to break mass and encourage porch elements that are prominent features. uP the Public Comments: 1. Colleen Grosse said that she lived at 211 Midland and she came to learn what the variances requested were; so this is the first time that she was hearing about it. Colleen Grosse said that she also represented the adjacent neighbor at 201 Midland who is quite impacted by the development. Commission Comments: DeFrancia said it was an attractive design that commensurate with other ry in the neighborhood and the design was done with recognition of the constraints pe that exist on the lot, the grades and the utility structures. DeFrancia said it se that the variances are appropriate given that the finished product isn't built seems he looked at it in its totality. yet and Myrin said he would agree with Jim if it was a PUD application but the crit eria in the memo is clear that both have to have site constraints; he doesn't see it completely necessary. Myrin said that staff mentioned the human scale elemen I the facade and the intent of the code to break up that mass and scale is not at a t to done when you have a full wall facing the street. Myrin said the combination these impact the mass and scale significantly. Myrin su ort tion of recommendation. PP ed the staff Erspamer asked if any parts of this application stop here or is there a final rev Phelan replied that you are the final review. Erspamer said that if the aragiew. e moved back a few feet that would help some. Erspamer asked if staff wasgookin for more dimension in this structure. Myrin replied that was what the code g looking for. e was Weiss said he asked about intent for a reason and brought up Homestake a reason; as soon as you allow a variance from design code that is the precedent; for why have design guidelines. Weiss said without the information about when the homes were built and if they received variances he looks at this to throw code because it becomes meaningless; he didn't like varying from design out the guidelines so he was not in favor of this as it stands. Weiss said it was all the code for him. about 7 Ci Planning & Zoning Meeting — Minutes — March 01, 2011 DeFrancia said staff said that some setback of the garage some distance. Phelan replied correct; not necessarily the full 10 feet but P &Z would need to create an appropriate amount. DeFrancia asked looking at this design what would make the first story acceptable. Phelan replied if they didn't have living space above the entry; they would meet the porch. Gibbs said what we are presented with is a design that is clearly not what the code intended to produce; the architects need to read the code and end up with a design that does meet the code. Gibbs said making the garage go back is not going to be a productive exercise; what is the distance, the depth, between the front door and the garage. Lindenau replied the entry is 12 feet wide by 6 feet deep. Gibbs said if you could get 6 feet you would still be flush with the front door, that doesn't accomplish anything. Gibbs said that he thinks that it is important and agrees with Cliff in this regard that there are other places where we have applied this code and we just looked at Aspen Walk and asked for them to come back because he couldn't tell where the door was because it didn't meet that same criterion; we were talking major design but there were elements of that entryway that could be improved. Gibbs said to put an eve to break up the mass would be a potential way of going about it. MOTION: Bert Myrin moved to support the staff direction to request that the applicant of 131 Midland Ave return with changes in line with the input from this meeting and continue to March 8rh seconded by Jim DeFrancia. All in favor, APPROVED. PUBLIC HEARING: Code Amendment for Affordable Housin ercenta a of livable area above rade Stan Gibbs opened the continued Public Hearing on the Affordable Housing percentage of livable space above grade. Public notice was provided. Sara Adams said she was here to discuss proposed language for the growth management section of the code that deals with the development of affordable housing. Adams said projects that are required to develop affordable housing are reviewed by the Planning & Zoning Commission for Growth Management. They will discuss the criterion that 50% or more of the unit's net livable area is at or above finished grade; so that is the focus of the discussion. The Planning & Zoning Commission is asked to make a recommendation to City Council. 8 • • 4 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 13 Mt ,j/e.td ,Qi1e. , Aspen, CO SCHEDULED PUBLIC HEARING DATE: /71 tilt.. i. , 20* // STATE OF COLORADO ) ) ss. County of Pitkin ) S , k �'ICct/S (name, please print) being or representing 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) d ays 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 3, day of F rm. Q ry , 200// , to and including the date and time of the public hearing. A photogrdph of the posted notice (sign) is attached hereto. I 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) ■ 0 0 ✓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. V 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. k Atge 7 nature The f re oin "Affidavit of Notice" was ac wledged before me this / day of l� , 20L/ by \l II ass 0 • WITNESS MY HAND AND OFFICIAL SEAL O s DIANE R 0 -. • y . , miss' 1 S: D -- c30 l HOUSER 4 � i� 4.4 ,01/ � J ► 7 Cp ,, ' p er d o Notary ' ublic � OF l° , ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH 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 • 0 PUBLIC NOTICE DATE T11ESS,A' MAU:J , ;c , TIME . FN PLACE. SiSTEN„.« RxON ,1A., 130E GALENA S' A SPI PURPOSE - TO CONSC?ER AN APPLICATION SUBMITTED Bt MHRJ S L LC AVIAN AND JENNIFER HERMELIN, 131 MIDLAND AvE ASPEN CO 61611. WHO ARE THE OWNERS OF THE SUBJECT PROPERTY THE APPLIC ANTS ARE PROPOSING TO DEMOLISH THE EXISTING SINGLE-FAWN', RESIDENCE AND ATTACHED GARAGE AND REPLACE THEM W'1TN A NEW SINGLE - FAMILY RESIDENCE AND ATTACHED GARAGE IN ORDER TO DEVELOP THE PROPER tY AS DESCRIBED PREVKA/SLY THE APPLICANT IS R£OUESRNG THE FOLLOWING DEVELOPMENT APPROVAL VARIANCES FROM CERTAM RESIDENTIAL DESIGN STANDARDS HM FiM1HEN MMMA'ON .0 G..NNCf yy tFP AT YNf OD C* We. C(,IRNIM T' CCWL0PM*NI DOAM!WNT , x S a f*N Y' AY'f N LG 11 451'5: ma y► a ir Y F es " .. „5 • u T # T 1 A ' ' EaA ; . ' ^'..40 4+. F gat , s N A 4 b > .e; ' $NN. , F ». 7 ' � � 44s Easy Peel® Labels i^. • Bend along line to - ^'e a AVERY® 5160® Use Avery® Yelnplate 5160® Feed Paper expose Pop-Up Ed9eTM j 111 PARK AVE LLC 1207 EAST HOPKINS HOLDINGS LLC 1215 EAST HOPKINS LLC 111 PARK AVE SHERMAN &HOWARD 1215 E HOPKINS AVE ASPEN, CO 81611 201 N MILL ST #201 ASPEN, CO 81611 ASPEN, CO 81611 139 ROBINSON RD CABIN LLC 257 PARK AVENUE LLC ADAIR ARJA P JR 3902 WATERS EDGE DR 600 N 3RD ST 5375 S GENEVA WY AUSTIN, TX 78731 ASPEN, CO 81611 ENGLEWOOD, CO 80111 ASPEN ELF ASPEN /PITKIN COUNTY HOUSING BENNETT NEIL J PO BOX 886 AUTHORITY 214 PARK AV LANCASTER, TX 75143 530 E MAIN ST #001 ASPEN, CO 81611 ASPEN, CO 81611 BLUE SKYE DAISY BROOKE PTNRSHP BOLERJACK LISA BROWN DONALD LLLP PO BOX 811 412 KATHRYNS WY 1024 E HOPKINS #17 ASPEN, CO 81612 ASPEN, CO 81611 -2405 ASPEN, CO 81611 BROWN IRVING M & BARBARA J CANTRELL WESLEY R CA CASTLE E CREEK HOLDINGS CO 2600 ISLAND BLVD #706 104 KATHRYNS WY AVENTURA, FL 33160 ASPEN, CO 81611 -2405 HOUSTON, TX 77256 CAVE DERYK CHASE ROBERT M & CYNTHIA CHURCHILL AUDREY LEE TRST 326 MIDLAND AVE #308 151 PARK AVE 4541 BRIGHTON RD ASPEN, CO 81611 GLENCOE, IL 60022 CORONA DEL MAR, CA 92625 -3101 CITY OF ASPEN COHEN ERIC R 25% COLORADO MTN NEWS MEDIA ATTN FINANCE DEPT PO BOX 9764 PO BOX 1927 130 S GALENA ST ASPEN, CO 81612 CARSON CITY, NV 89702 ASPEN, CO 81611 CORBIN MARCIA A DACOSTA MAUREEN DEELGUEA ALEJANDRO ORTIZ PO BOX 9312 PO BOX I (EYE) PO BOX 9871 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612 DEJEAN FELIX A III & CAROLYNE DEROSE JAMES F & MAUREEN C 1/3 DIRUSSO JOANNA 1368 KATHERINE DR 439 N WELLS 2ND FLOOR PO BOX 10906 OPELOUSAS, LA 70570 CHICAGO, IL 60610 ASPEN, CO 81612 DOYLE JOHN F & LAURIE FRAMPTON EISENSTAT DAVID H & NINA ELLIOTT ELYSE ANNE PO BOX 12236 125 PARK AVE 610 NORTH ST ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 kiquettes faciles a paler 1 • Repliez a la hachure afin del www.avery.com i de r Milan le naharit AVERY 5160 rhae oement reveler le rebord Pop -UpTM 1 1 - 800 - - AVERY i Easy Peel® Labels , , • MIII Bend along line to t, To AVERY® 5160 Use Avery® template 5160® J Feed Paper expose Pop -Up EdgeTM 1 - ERNST TERSIA V FOWLER MARK C & PEMILA L GLICK DANIEL 206 KATHRYNS WY PO BOX 326 PO BOX 9910 ASPEN, CO 81611 -2405 MOAB, UT 84532 ASPEN, CO 81612 GROSZ COLLEEN A TRUST GUGLIELMO KNANSEE L HARRISON MARK N 2/3 INT LIFE ESTATE FISH EILEEN M 1/3 INT 155 N HARBOR DR #3612 514 KATHRYNS WY 546 14TH ST CHICAGO, IL 60601 ASPEN, CO 81611 BOULDER, CO 80302 HENRY PATRICK JR & LORI ANNE JARRELL KIMBERLY WILSON LAFOUNTAINE ANTOINETTE WELLS FARGO DM/ATT LAURA MAY 102 KATHRYNS WY A2 410 KATHRYNS WY #D1 666 WALNUT N8200 030 ASPEN, CO 81611 ASPEN, CO 81611 DES MOINES, IA 50309 LAUGHREN DAVID LEAVITT DEREK LEAVITT FAMILY TRUST PO BOX 1265 C/0 MORRISON & FOERSTER 4721 ADMIRALTY WAY #561 ASPEN, CO 81612 555 W FIFTH ST MARINA DEL REY, CA 90292 LOS ANGELES, CA 90013 -1024 MARSHALL THOMAS M & ELLEN M REV LEAVITT GRANT OLIVER LEVENTHAL ROBERT B TRUSTS 201 MANCHESTER AVE 515 KATHRYNS WY 300 RIVERSIDE AVE PLAYA DEL REY, CA 90283 ASPEN, CO 81611 -2405 ASPEN, CO 81611 MCGOVERN PJ & LISA MERZBACH NINA MILLER LEE I & SUZANNE K 1/3 101 S THIRD ST #360 PO BOX 3465 439 N WELLS 2ND FLOOR GRAND JUNCTION, CO 81501 ASPEN, CO 81612 CHICAGO, IL 60610 MOHWINKEL CLIFF NICOLETTI PAUL J III TRUST NOVAK THEODORE J & CAROL E 1/3 PO BOX 9457 C/O HENRY BEGUELIN 439 N WELLS 2ND FLOOR ASPEN, CO 81611 614 E COOPER AVE CHICAGO, IL 60610 ASPEN, CO 81611 PEARCE VIRGINIA PIEPHO KARL W POLLOCK PERRY H 1195 E COOPER AVE #A PO BOX 10014 PO BOX 950 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 PRICE LINDA J TRUST REDMOND JOHN B & LYNN G RODELL TIMOTHY C & MARJORIE M COAL CREEK CAPITAL MGMT 207 KATHRYNS WY #B3 PO BOX 8005 1371 HECLA DR ASPEN, CO 81611 ASPEN, CO 81612 -8005 LOUISVILLE, CO 80027 SANDLER LIVING TRUST 8/5/99 SANDLER RICKY & MARA ROSS MATTHEW N 75% C/O EMINENCE CAPITAL LLC 175 RIVER OAKS LN 201 S BURLINGAME AVE 65 E 55TH ST 25TH FLR BASALT, CO 81621 -9382 LOS ANGELES, CA 90049 NEW YORK, NY 10027 Etiquettes faciles a peler • £ Repliez A la hachure afin de: www.avery.com 1 ... _ ti ov :.: -__ . ....�.o. evo® csen® ! -. Se^ede „. reveler le rebord Pop.UpTM I 1- 800 -GO -AVERY 1 ' Bend along line to ® AVERY® 5160® Easy Peel Labels Feed Paper ��' expose Pop-Up EdgeT" D 1 UseAverf'4emplate 5160® T ROBIN SIMMONS SUSAN SPECK KARIN C 413 KATAT 413 HRYNS WY 101 ItATHRYNS WY PO BOX 9912 ASPEN, CO 81612 ASPEN, CO 81611 -2405 ASPEN, CO 81611 STONE RONALD TAUSCHER ETNA ZALE MILTON TRUST 847 W GEORGE ST 107 PARK AVE 3824 N ASHLAND AVE CHICAGO, IL 606575113 ASPEN, CO 81611 -2425 CHICAGO, IL 60613 Etiquettes faciles a paler 1 • Repliez a Ia hachure afin de i www.avery.com ' i 1- 800 -GO -AVERY ' -- s__:.. %,COV®nan® ! reveler lerebordPop -Up r 6 v �IerIerebOrdPOP4iPTMi 1 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 31 3 Hifiim.inA , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Mr eti-. t 6? 4-:3O f rn , 2011_ STATE OF COLORADO ) ) ss. County of Pitkin C A r L E of c- (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that 1 have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: tZ 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 , 20 , 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 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. a Aar •/ Signat e The foregoing "Affidavit of Notice" was acknowledged before me this 3/ day y of c htous , 204_, by r vr.,w -1 • :E: 131 NI PUBLIC NOTICE STgNAORO v ND py R ISE DENTIAL DESIGN WITNESS MY HAND AND OFFICIAL SEAL AR ANCES NOi /CE IS NE LAND USE REQUEST . Q Y P'' II ' 1 wil be h eld o R EBY G / VENlha la '( ••V� ' Plannin at 430 R ma b Me I ' hearing a a �L'' ° • e �^ 2a4 Room. Cil ZOn1390 Commission, $latesipn ' 2 f • ti ' I My ommission expires. ( -j \ �"' consider a ep B Galen As • f (Jennifer a 11 li cafion sub a St Pen, to • i � j� }/ l, � • r midetl b c ,A Aspen, C0 8t6 Hermelinl 131YM;d aRnlo A i trMi,. subject Ihe erty Th e are th 1 yG S tlemect t he e ha ar Ihare I th e 1 • • (A ✓_ attached Sara Pasin l (543 existing si le- Pro singgle - ge antl replacenlhem w h a e an I Try, , = Notary Public order to et i p. the antl gara new ` iN Previou PP the pro a ttY a 9e. In '�, deve lop m enla PPlica nt iarequeati n tlescribed a aa — esiUenlial des PP v a r i a nce E h oepeg ing legall ytlescribeda s, slantlartls. The prrnopee�tain M Cownissior Expires 0312912014 PARCEL A Y Ia EXCErRT IS FH ASIDE DO, SOUTHE LO A DDITI 3 T FE �MgIVES A si Poa OF LOT > ATTACHMENTS AS APPLICABLE: RECO N, OOCp TO ROHE TOAT OF THE PUBLICATION RECO o A "P TKIN CQUNTY, OGRAPH OF THE POSTED NOTICE (SIGN) N O. 105]31 IN PARTIC ULARY DESCRIBED OF THE NORTH WEST T A PO WHEN WE OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED PROMONTORY SUBDI VISION BEggST 8 SAID AIL THE NORTHEAST CORNER OF 46 LOT g r • N>5°o6'W THENCE N1> ^ g5E40FEET; THENCE NT5 5 T ICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE 16 FEET THENC IN q TH POIN EG SO AIGHTT LINE TO EQUIRED BY C.R.S. §24- 65.5 -103.3 PARCEL qy O mD V510NL WHICH SUCK 1 P R OMONTO- o CH BOOK D T 2A OCUMENT 105]31 I RECORD LAT IS i1CULARY DESARI BED KIN AS COUNTY, MORE THE B EGINNING N E 20.92 OE ET RHE OF SAID LOT 8 BEARS FEET TO THE NORTHEAST ORNEA q5 0E120.92 FEET , SAHBNO T1; HENCE N]5 SSE L8: THENC S29 ° CORNER OF S AID I NO RTHERLY 3. OKTHE IVERSI gSTOCORNE RO F INTERSECTION ON ° I) 6R 5 RIVERSIDE SIDE pp TION WITH T TH E POI O BE GINNING, ty qs P enn, TO THE /NT e, County of Pi/kin, POT C not A l a i mmunionta4t Clgypa Boller al the 130 S Galena y Devatopme p 429.2)52, lu g @sekeq ' As pen 0nt 0 ePart- (9 >d) n t Ch a ff APen Planni and Ionin ublishetl in the As 9 Commission 1. N11 L (609939]f en Times Weekly on January I MEMORANDUM P1 To: Aspen Planning and Zoning Commission gauss, THRU: Jennifer Phelan, Community Development Deputy Direct& FROM: Claude Salter, Zoning Officer RE: 131 Midland Ave - Residential Design Standards Variances, - Public DATE: March 1, 2011 Applicant: MHRJ3, LLC (Jennifer and Brian Hermelin) Rep res — entative• Joseph Spears, Studio B Architects • Zoning: R -6 (Medium - Density Residential) Lot Size: 5,332 Square Feet Land Use: Single - Family Residence Re quest Summary The Applicant is requesting two Variances from certain Residential Design Standards in order to demolish the existing single - family residence and 131 Midland Ave., Existing Front attached garage at 131 Midland Ave and replace it with a new Facade single - family residence and attached garage. Staff Recommendation: Staff recommends the Planning and Zoning Commission require the applicant to achieve some setback if not the full ten feet as required by the standard with regard to the garage setback and to deny the first story element variance request. LAND SE R The Applicant is proposing to demolish the existing residential structures located at 131 Midland Avenue and is requesting the following land use approvals to redevelop the site with a single - family residence and attached garage: • Variance approval from the Residential Design Standards pursuant to L.U.C. Section 26.410.020 D., Variances. The applicant is requesting variances from L.U.C. Section 26.410.040 C.2., Parking, garages and carports (requiring the front facade of the garage or the front -most supporting column of a carport to be set back at least ten (10) feet further from the street than the front -most wall of the house) and L.U.C. Section 26.410.040 D.2., First story element (requiring all residential building to have a first story street - facing element). , 0 Pi, P2 Figure 1: Vjcifir ma. r." W r 1. C-.s-. may. ,v.: 9. n 4`�C 1\1: E 131 Midland Ave. - ---- 1 i„ - f ! • ` • P ` ' i c w r / lp i 4 � j el , '- 4}. i REVIEW PROCEDURE: p approved with A variance from the Residential Design Standards shall be approved, app a duly noticed public hear the Planning and Zoning e Commiss on under L.U.C. Sections: 26.410.020 D. Variances. by PROJECT SUMMARY: The Applicant is proposing to demolish the existing single - family residence and attached garage located at 131 Midland Avenue and replace them with a new single - family residence and attached garage. STAFF RESIDENTIAL DESIGN STANDARD VARIANCES: All new structures in the City of Aspen are required to meet the residential design standards or obtain a variance from the standards pursuant os the s Lards se to desSection 6.41 , Residential Design Standards. The purpose neighborhood scale and character....ensure that neighborhoods are public places....that each home...contribute to the streetscape." The proposal has been designed to meet the majority of the design standards. anThecarpoo (2) design standards that are not met by the proposal are 1.) Parking, garages requiring "the front fayade of the garage or the front -most supporting column of a carport to be set back at least ten (10) feet further from the street than the front -most wall of the house" and 2.) First story element, "all residential buildings shall have a first story street - facing element the width of which comprises at least twenty percent (20 %) of the building's overall width and the depth of which is at least six (6) feet from the wall the first story element is projecting from. Assuming that the first story element includes interior living space, the 12 P3 height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first story element may be a porch or living space. Accessible space (whether it is a deck, porch or enclosed area) shall not be allowed over the first story element; however, accessible space over the remaining first story elements on the front facade shall not be precluded." Parking, garages and carports The parking, garages and carport standard requires that all residential uses that only have access from a public street provide a garage that is set back from the front facade of the house by at least ten (10) feet as represented in the example below which is in the Land Use Code. Figure 2: Garage setback The intent of the requirement is to: minimize the presence of 1 1 garages and carports as a lifeless part of the streetscape where alleys do not exist." As proposed (Figure 3), the new residence's I garage is flush with the front -most wall of the house. ' I,I�ii lilih;\ 1 r Figure 3: Pro I osed garage setback I , t„ • r P oili, � ,,,At so � Vii, r -J ����� l ..., 7... , , ,,,.„ 4 is '71io /4 1 ®Ilryy� o w r i 8 , ` • 44 4� .'0 ©,7'/4 4 ' -T o gi * 49 O There are two review standards that the applicant is required to meet if the Commission is to grant a variance from the standard, Section 26.410.020 (D)(2): a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate 13 P4 neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site - specific constraints. Staff Finding: As shown in neighborhood photos within the application (Exhibit A), Staff feels that the Applicant's request to vary the set back requirements of the garage is consistent with the context in which the development is proposed as the neighborhood in which the development is proposed is inconsistent at best with regard to garage location and provides examples of garages that are flush with the facade of the building; however, by locating the garage as proposed greater prominence to the garage is created that does not reflect the intent of the design standard. The lot has the space to meet the intent of the standard and is not unduly burdened with an unusual site specific constraint. There exists an opportunity to meet the intent by either moving the location of the garage, moving the garage element closer to the side yard setback and/or moving the front -most wall of the house closer to the front yard setback. Staff is recommending that the applicant amend the plan and provide some attempt at meeting the standard. Stafffind only one of the two criterion met. First story element. The first story element standard requires that "all residential buildings shall have a first story street - facing element the width of which comprises at least twenty percent (20 %) of the building's overall width and the depth of which is at least six (6) feet from the wall the first story element is projecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first story element may be a porch or living space. Accessible space (whether it is a deck, porch or enclosed area) shall not be allowed over the first story element; however, accessible space over the remaining first story elements on the front facade shall not be precluded." Figure 4: First story element The project as proposed has a porch element which meets the depth and width requirements of the first story element • standard; however, it is recessed below the • Ilull�ll l �llll second story and does not meet the first story element standard that there "shall not be accessible space allowed over the first story I . Iry �. � � ... � element... Again, there are two review standards that the applicant is required to meet if the Commission is to grant a variance from the standard, Section 26.410.020 (D)(2): a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or 14 P5 b. Be clearly necessary for reasons of fairness related to unusual site - specific constraints. Staff Finding: The residential design standards require certain building elements to be provided "to ensure that each residential building has street facing architectural details and elements, which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions." Staff feels the design of the entry could be amended to provide the required first story element without removing significant portions of the second level. A one story element such as an entryway `provides an appropriate domestic scale for a private residence." The proposed project is not situated on a lot with unusual site - specific constraints. Staff does not find the criterion met. STAFF RECOMMENDATION: In reviewing the proposal, Staff believes that the request does not meet the variance review standards that are set forth in Land Use Code Section 26.410.040 D, Variances. Staff recommends the Planning and Zoning Commission require the applicant to achieve some setback if not the full ten feet as required by the standard with regard to the garage setback and to deny the first story element variance request. RECOMMENDED MOTION (ALL MOTIONS ARE IN THE AFFIRMATIVE): "I move to approve Resolution No. _, Series of 2011, approving two variance requests from the Residential Design Standards to construct a single - family residence located at 131 Midland Ave." ATTACHMENTS Exhibit A -- Application 15 /°`s 1 . P6 Resolution No. _ (SERIES OF 2011) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING RESIDENTIAL DESIGN STANDARD VARIANCES TO CONSTRUCT A SINGLE-FAMILY AVENUE, CITY OF ASPEN ASPEN, COUNTY, ATTACHED GARAGE O COLORADO. AT DO. Parcel No. WHEREAS, the Community Development Department received an application from MHRJ3, LLC (Jennifer and Brian Hermelin), requesting Variance approval from certain Residential Design Standards for the construction of a single - family residence and attached garage located at 131 Midland Avenue; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the Variance Review Standards; and, WHEREAS, upon review of the application, the applicable Land Use Code fr m R sidentauDesigneStandards Director Parking, garages and carports (Land Use Code Section 26.410.040 C.2.) and First story element (Land Use Code Section 26.410.040 D.2.), finding that the review standards for the requests have been Commission has reviewed and WHEREAS, the Aspen Planning and Zoning considered the development proposal under the applicable provisions of the Municipal Code as identified D rector, reviewed taken and considered publi recommendation mment at a duly noticed ub c hearing and, and Zoning Commission finds that the WHEREAS, the City of Aspen Planning app a of the development proposal is s consistent applicable th the goals and objectives of a the Land appro Use Code; and, WHEREAS, the Planning and Zoning Corrunission approves with conditions, the noted Variance requests to construct a single - family residence at 131 Midland Avenue, by a vote of to and, of Aspen Planning and Zoning Commission finds that this WHEREAS, t he City o for the romotion of public health, safety, and welfare. Resolution furthers and is necessary P NOW, THEREFORE BE IT RESOLVED by the Commission: Sect_ ion 1: Pursuant to the procedures and standards set forth in Title 26 of the variances from Aspen Muni following two Code, the Planning and Zoning Commission hereby approves Residential Design Standards: Page 1 of 5 • P7 • L.U.C. Section 26.410.040 C.2., Parking, garages and carports (requiring the front facade of the garage or the front -most supporting column of a carport to be set back at least ten (10) feet further from the street than the front -most wall of the house). The specific review standard language reads: "The front facade of the garage or the front most supporting column of a carport shall be set back at least ten (10) feet further from the street than the front most wall of the house." and • L.U.C. Section 26.410.040 D.2., First story element (requiring all residential buildings to have a first story street - facing element). The specific review standard language reads: "all residential buildings shall have a first story street - facing element the width of which comprises at least twenty percent (20 %) of the buildings overall width and the depth of which is at least six (6) feet from the wall the first story element is projecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first story element may be a porch or living space. Accessible space (whether it is a deck, porch or enclosed area) shall not be allowed over the first story element; however, accessible space over the remaining first story elements on the front facade shall not be precluded." The Planning and Zoning Commission has determined the variance requests meet the review criteria outlined in L.U.C. Section 26.410.020 (D)(2). These approvals shall permit the Applicant to construct a single - family residence with an attached garage located at 131 Midland Avenue as represented at the public hearing held March 1, 2011. Section 2: The building permit application to develop the above - mentioned residence shall include a copy of the final P &Z Resolution. All other requirements to develop a single family residence shall be submitted as part of the building permit application including but not limited to: adopted building and fire codes, relevant standards within the Aspen Municipal Code such as engineering and water system standards, Aspen Consolidated Sanitation District's rules and regulations, etcetera. 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 ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior 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. Section 5: 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 Planning and Zoning Commission, are hereby incorporated in such plan P8 development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. APPROVED by the Commission at its meeting on March 1, 2011. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Stan Gibbs, Chair ATTEST: Jackie Lothian, Deputy City Clerk List of Exhibits Exhibit A: Site plan (representing approved variance from garage setback) Exhibit B: elevations (representing approved variance from first story element) c2 c5 4 •. 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MEO F • 501 Rio Grande Place Suite 104 t Aspen, CO 81611 S T U D I O B Phone: 970.920.9428 a r c h i t e c t s Fax: 970.920.7822 Summary Lett Project Hermelin Residence Date: 1 -26-11 Contact Joseph Spears (Studio B Architects) Time: CC: Location: 131 Midland Ave We are requesting a variance form: Section 26A10.040(CX2)(b) — The front facade of the garage or the front -most supporting column of a carport shall be set back at least ten (10) feet further from the street then the front -most wall of the house. Based on the attached diagram it is clear to us that the design guidelines, in this case, do not help protect the pedestrian and neighborhood experience. The constraints on this site and the guidelines actually force the garage to be located as a central and predominant element to the house along with the driveway. Allowing the garage closer to the front -most facade would allow the garage to be located more to the side and screened by existing trees. This would allow a more predominant front door entrance and porch area instead of driveway and garage. We also took a look at the other homes along Midland and many houses have garages that also don't conform to the guidelines. Many lots in the east -end have irregular shapes, which has attributed to the neighborhood less organized layouts. This lot is no exception. Refer to Diagram 1 Existing neighborhood photos Section 26.410.040(D)(2) — First story element. All residential buildings shall have a first-story street facing element the width of which comprises at least twenty (20) percent of the building's overall width and the depth of which is at least six (6) feet from the wall the first - story element is projecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first-story element may be a porch or living space. Accessible space (Whether it is a deck, porch, or enclosed area) shall not be allowed over the first story element, however, accessible space over the remaining first story elements on the front facade shall not be precluded. We feel that we have addressed the first -story element by create a recessed entry porch, which comprises 25% of the buildings overall width. The recessed porch is 6' deep. It is our understanding that this requirement is in place to keep residential structures from being a two-story facade without relating to the scale of the different levels of the building. We have addressed this very well by extending the second level over the first -story creating a clear visual break that, brings down the scale of the house, and enhances the viewers perception of two visible one -story elements that relate to the pedestrian scale. To meet the grade challenges on the site we have dropped the recessed porch by 14" below the driveway level. Therefore, the first -story plate height appears from the front elevations to be 9' 6" but from the recessed porch is 10'9 ". In order to meet the guideline that requires that there be no enclosed area over the first -story element, we would need to remove a significant portion of the second level and with the tightness of the site would make it un- functional. We did try to extend a canopy out from the recessed porch, however due to the tightness of the site we have located the front of the building directly on the front setback. In order to create any usable backyard and this limits the canopy to 10 ". Refer to Elevations / Physical Model Existing neighborhood photos ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: tier AUK.. cesisfs re /J Applicant: {c, S p a/C Lo 1,3'/ irV 4n . Ark t t R /b// Zone District: g_ 6 Lot Size: Lot Area: i 32,2 sr (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: '4/A Proposed: % Number of residential units: Existing: / Proposed: / Number of bedrooms: Existing: ___s _____Proposed: y Proposed % of demolition (Historic properties only): !^ DIMENSIONS: Floor Area: Existing: 2/127 Allowable: 2c? Ig Proposed: Z Principal bldg. height: Existing: 23 Allowable: zs t Proposed: zzil Access. bldg. height: Existing: — Allowable: — Proposed: — On-Site parking: Existing: Z Required: Z. Proposed: 2. % Site coverage: Existing: Z.7X Required: — Proposed: 33/b y % Open Space: Existing: Required: — Proposed: — Front Setback: Existing: a W Required: /D Proposed: /0' Rear Setback: Existing: Zl t Required: /D I Proposed: /0 Combined F/R: Existing: Required: — Proposed: ^— Side Setback: Existing: / w g: y /� Required: st Proposed: tS Side Setback: Existing: /5 Required: 7 Proposed: 7 7 Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non - conformities or encroachments: Variations requested: i Sst en.. 26 4/0 DYo CC� (2)C 6� Set-lion Lb. Yin. oWD (0) (P) i CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and _ , • . If I 6 (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has spbmittcd to CITY an a pplication for /- eenn.e. I f'e v ' titre (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 thc greater certainty of recovering its fill 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 fill 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 ofS /4/70. which is for ti hours of Community Development staff tine, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse thc CITY for the processing of the application mentioned above, including post approval review at a rate of 5245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT father agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building pennies be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT r) /\ B.`• a.•• 2;" t p lti `T �K.. C filuo�lo 6 aro� Chris Betdon Conuuunity Development Director Date: anO Billing Address and Telephone Number: If Arta" ...red t Ater A4 twehSt. g ' pat r s Air 4701 ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: i4tlyri, Re icante. Location: _V di I kkJ /ont n .. . A— Co Ras/ (Indicate street address, lot & block number, lega des riptio where appropriate) Parcel ID # (REQUIRED) 2 7 3 7 / $ /f 7087 APPLICANT: Name: /lt %qr'L. Y` .ress /a �rmelh2 Address: O " I / = • �. t4 . .,.� Phone #: t 'J, stio . 77 7 D REPRESENTATIVE: _,/ Name: ST'4,44h, 1 Corcl s he e IS Address: 6O/ kilt. (,n n [ n /fret 5u1/ 09 I e4 Co Stiff Phone II: 770 lagW -' vizS I / i TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Grecnline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominium» zation) Amendment) Mountain View Plane ❑ Cotmnercial 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.) 4anay koln c ,," e 7. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 04. . . i. / i 1 1 / 1 . tr . it .1 Have you attached the following? FEES DUE: S 'tZ7 Pre- Application Conference Summary / ❑ Attachment #l, Signed Fee Agreement ❑ Response lo Attachment #3, Dimensional Requirements Forst ❑ Response to Attachment 114, 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 •vith 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 -1) model. Your pre - application conference summary gill indicate if you must submit a 3 -1) model. ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: a rwt a le Re nC • Applicant: R S/ ,41: g f+✓ �e�y Location: LZ / M .. v. A . per( (n STlOt Zone District R — ( Lot Size: 322 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: V /,4 Proposed: 'V, 4. Number of residential units: Existing: / Proposed: j Number of bedrooms: Existing: 3 Proposed: V Proposed % of demolition (Historic properties only): 704. DIMENSIONS: Floor Area: Existing: Z dal Allowable: 2. /t$ Proposed: e 77 ; Principal bldg. height: Existing. 23 t Alloumb /e: 25' r Proposed: j g a " Access. bldg. height: Existing: .- Allowable: i Proposed: On -Site parking: Existing: Z, Required: 2— Proposed: Z % Site coverage: Existing: 27 % Required: -- Proposed: 33% % Open Space: Existing: " Required: — Proposed: — Front Setback: Existing.' 8 Se Required: / Proposed: /Z // Rear Setback: Existing: .Z/ ( Required: /b t Proposed: 20 1 7 Combined FIR: Existing: ' Required: Proposed: Side Setback: Existing: 4/ /O Required: r7 I Proposed: 6 ' 6 y Side Setback: Existing: /J Required: S r Propose& 6'I6 a Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non- contormities or encroachments: Variations requested: i t A • nee � on t. 5 ivs1. - 24. ern . OM-- -- "- t btu lo` eyd ' ors . /ro*I - n$+ Wag ele % Ant e A 27 10 11:06e - p ,1 501 Poo Grande Place As pen, c o 81s11 S l 1.1 I" l l) Phone: 970920.9428 • m r [ . ii r ti c t Fax: 970.920.7822 . j • - . i 1 1 Project; Hermelel Residence Date: 10 -27 -10 To Jennifer Phelan (Community Location: 131 Midland Ave. Development) Aspen Colorado, 81611 Brian and Jennifer Hermelin, whose address fs 131 Midland Ave. Aspen, Colorado 81611, give authorization for Studio B Architects, whose address is 501 Rb Grande Race E span , Colorado 81611, to act as their representative through the process of applying for a variance from The Aspen Residential Design Standards Section 26.4.410.040©(2)(b). B - ermetn Date: r. r., ` • /1 --� I6a) io Jen ' - ` : -lin Date: iot Studio B Architects Date: I I • I r j I to- ALTA OWNER'S POLI CV — 10.17 -91 P POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY SUBJECT' 10 THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE 8 AND THE CONDITIONS AND SI1PULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A. sustained or incurred by the insured by reason of: L Title to the estate or Interest described in Schedule A being vested other than as slated therein; 2. Any defect an or lien or encumbrance on the title: 3. Unmarkelability of the title; 4. Lack of a right of access to and from the land. The Company will also pay One costs. attorneys' fees and expenses incurred m defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. STEWART TITLE GUARANTY COMPANY ots w • Mstaa r • ( ,'' /�'.� %t/• (NAT-4%0 tY ono.. er ta. awe rx.naox ms 's nos fe Countersigned: T f JS Authorized Counterstgeaa Stewart Title of Aspen, Inc. 020 East l toning Avenue Aspen, CO 81611 (9701925.3577 EXCLUSIONS FROM COVERAGE rLe following matters arc expressly excluded from the coverage of this policy and the Company will not pay loss or damage, cost:, attorneys' fees or expense, which arise by reason of 1 (a) Any lay.. erdmanee or govemnxnnal regulation (ncludmg but not limited to budding and zoning laws, ordinances, or regulations, mstucting, regulating. prohibiting or relating to u) the occupancy, use, or enjoyment of the land, (It) the character. dimensions or location of any improvement tipsy Or hereafter erected on the land; (111) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land Is or uas a part, or (iv) environmental protection, Or the effect of any violation of these laws. Ordinances or governmental regulations, except to the extent That a nonce of the • enforcement thereof or a mice of a defect. hen or encumbrance resulting from a violation nr alleged violation affecting the land has been recorded in the public records at Dam of folic; I I (b) Any governmental police pmxer not excluded by (a) above. except to the extent that a notice of the exerel2c thereof or a notice of a defect. hen or ^ j encumbrance resulting front a violation or alleged violation affecting the land has been recorded in the public records 21 Date of Policy 2 Rights of eminent domain unless nonce of the exercise thereof has been recorded in the public records at Dale of Pobcy, but not excluding from ernenge any taking which has occurred prior to Date of Policy which would be binding on the lights o r purchaser for sabre without knowledge Defects, hens, encumbrances, adverse claims or lher matter. la) created. suffered, assumed or agreed to by the insured daumnt, (b) not known to tie Company, nut recorded in the public records at Dale of Pohe„ but known to the mired claurnrt and not disclosed in noting to the Company by stir insured claimant prier to the dale the insured claimant berme an insured under this pulic;, >, (c) resulting in no toss 01 damage to the Insured claimant. td) attaching or created subsequent to Date of Polo;, or lei resulting in los, or damage which would not have heen sustained if the insured claimant had paid %aloe for the estate a Interest insured be 11112 palmy Serial No, 0!9701- 359407 rarelof4 ALIA DWNLR'S ?Of In' Ir. -11 -92 -. • �- .. i - —" - ! I 4. Any claim, which arises out of the hansacIrn vesting in the Insured she estate or Interest insured by this policy, by reason of the operation of federal bankruptcy, slate insolvency, re similar creditors' rights laws. That is haled nn: ! (a) the transaction creating the estate or interest insured by this policybung decreed a fraudulent conveyance or fraudulent transfer; or , (b) the transaction creating the estate ar interest insured by This policy being deemed a preferential Transfer except where the preferential transfer results from the failure (i) to timely record the instrument of transfer; or (ill of such recordation to impart notice to a purchaser for value or a jodgnwnl art lien creditor. CONDITIONS AND STIPULATIONS I i I. DEFINITION OF TENNIS. . The following terms when used in this policy mean, (a) "insured": the insured named in Schedule A, and. subject to any rights or defenses the Company would have had against the nosed insured, those . who succeed to the interest of the nuned insured by operation of law as distinguished from purchase including, but not limited lo, heirs. distr[bulccs. devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant's: an insured claiming loss or damage. (c) "knowledge' or "known ": aemal knowledge, not constructive knowledge or notice which may he imputed to an insured by reason of the public ' records n defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "lend " - the land described or referred to in Schedule A. and improvements affixed thereto which by law constitute real property 'flu term "land" does not include any property beyond the lines of the area described or referred to in Schedule (AXC'J. nor any right, tide. Interest, estate or e,asenent in abutting streets, roads, avenues, alleys, lanes, ways er waterways, but nothing herein shall modify or limit the extent to which a right deems to and from the land is insured by this policy. (el "mortgage" mortgage. deed of host, host deed, or usher security instrument. (1) public records': records established under slate statutes at Dam 01 Policy for she purpose of inrpaning constructive notice of matters relating to real ! properly to purchasers for value and without knowledge. With respect to Section l(agiv) of the Exclusions From Coverage ,'public records" shall also include 1 environmental protection liens filed in the records of the clerk of the United Slates district court for the district in which the land Is located. I (g) "unmarketabibly of the title an alleged or apparent matter affecting the title to the land, not excluded of excepted fmm coverage, which would I; entitle 2 purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition I I requiring the delivery of narketabk title, 2.('ONTINI'ATION OF INSURANCE AFTER CONVEYANCE OF TITLE, ` I The coverage of this policy shall continue In force as of Date of Policy in favor of an insured only so on as the inured rclainc an estate or interest in the land, or holds an indebtedness secured by o purchase money mortgage given by a purchaser from the Insured, or only so Icng as the insurcd shall have liability by reason of covenants of warranty made by the insured in any Transfer or conveyance of the estate or interest. This policy shall not continue in Curet in favor of any purchaser from the insured Df either (Dan estate or interest in the land, or(titan indebtedness secured by a purchase money mortgage given to the insured. Il 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CL /NIANT. The insured shall motif? the Company pmmptly in writing (i) in case of any Itigaton as set forth in Section 4(a) below, (n) in ease knowledge Shall come to an insured hereunder of any claim of tide or interest which is adverse lo the title to the estate or interest, as Insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or ( iii) if lisle to the estate or interest, as insured. is rejected as unmarketable. if prompt notice shall not be given In the Company. then as to the insured all liability of the Company shall terminate with regard to the ironer or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no ease prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the 13ilure and then nnly to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. li I (s) Upon wriuen request by the insured and suhjet n the oplions contai in Sect ion 6 of these ('nndrlmns and Stipulatmns, the Company, al rats own coal and without unreasonable delay, shall provide for e defense of an insured ned in liti gation in which any third party asserts a claim adverse to the I1U. or interest as insured, but only as to those staled causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object her reasonable cause) to represent the insured as to those slated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses Incurred by the insured in the defense of (hose causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may he necessary or desirable to establish the Idle to the estate or interest, as insured, or in prevent or reduce loss or damage to the insured. The Cnrnpany may take 1 any appropriate aclion under the terms of this policy, whether Of not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. i (c) Whenever the Company shall have brought an aclion or interposed a defense as required or permuted by the provisions of This policy, the Company may pursue any litigation to final determination by a court of competentjunsdiclion and expressly resents the right, in is sole discretion, to appeal from any adverse judgrm.nl or order. (di In all casts where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to [he Company the right to so prutweak sccuie or provide defense in the action or proceeding, and all t therein , and permit the Company to use, at its " option, the name of the insured for this purpose. Wherever requested by the Company, the insured, at the Company's expense, shall give the (lsmpeny all reasonable aid (t) in any tenon or proceeding, securing evidence, obtaining witnesses, prosecuting nr defending the action or proceeding, or etfnling settlement, and (11) in any other lawful act which In the opinion of the Company maybe necessary or desirable to establish the title to the estate or interest as I insured. If the Company is prejudiced by the failure of the insured to runtish the required cooperation, the Company's obligations to the insured under the I I f policy shall temunate, including any liability or obligation to defend, pmsecum, or continue any litigation, with regard to the matter or matters requiring such ■ cooperalnn. • I I Serial No. 0-9701- 359407 Pneo 2 of4 ALLY OWNLIt'S POLICY 10.17.92 r i i 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a prim(of loss tar damage signed and mom to by Ike msured claimant shall be furnished to the Company within 90 days after the insured clamant shall ascertain the foes i ening rise to the Inn or damage The proof of loss or damage shall describe the defect an, or hen or encumbrance on the title, or other many insured against I by This policy which constitutes the basis of loss or damage and shall slate. to the extent possible, the basis of calculating the amount of the loss or damage 11 , the Company is prejudiced by the failure of the insure) claimant to provide the required proof of loss or damage, the Company's obligations to the insured ; under the policy shall terminate. including any liability er obligation to defend, prosecute. or continue any litigation, with regard to the matter or nutter> requiring such proof of Ion or damage In addition, the insured clamant may reasunahly be required to suhmu to examination under oath by any authnnted representative of the Company and shall produce for exarmnation, inspection and copying, al such reasonable limes and placc> as may he designated by any authorized representative of the Company, all records. books. ledgers, checks. couespondence and memoranda, whether bearing a date before er after Dale of Pulse„ which reasrmably penam to the loss or damage Further. if requested by any authorized representative of the Company the insured claimant shall grant Its permission, in waling. fix any authorized representative of the Company to examine, inspect and copy all record >, books, kdger>, checks, eonespondenee and memoranda in the <ustud) or control of a third party, which reasonably pertain In the loss or damage. All information designated u ecnfdenlial by the insured claimant provided to the 1 Company pursuant to this Section shall not be dadosed lit others unless. in the reasonable judgment of the Company, t Is necessary in the administration of 1 the claim. Failure of the insured claimant to submit tor examination under oath. produce other reasonably requested information or grant pennisawn to secure I' reasonably necessary information from third parties as required in This paragraph shall terminate any liability of the Company under This policy as to that claim: 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this palm. the Company shall have the following additional option> (a)To Pay or Tender Payment of the Amount of insurance. 0) To pay or tender payment of the amount of insurance under this policy together with any cosh. attorneys' fees and expenses incurred by the insured 1 claimant. which were authorzed by the Company, up In the time of payment or tender of payment and winch the Company is obligated to pay (it) Upon the exercise by the Company of this option. all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute. or continue any litigation, and the pohcy shall be surrendered to the Company for cancellation (b) To Pay or Otherwise Settle With Pardee Other than the Loured or With the Insured Claimant. (h) 10 pay or otherwise . settle with other panics for or in the name of an insured claimant any claim insured against under this policy. together with an) costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (1st to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any cosh, attorneys' fees and expenses twined by the insured claimant which web autlwrired by the Company up lo the time of payment and which the Company is obligated to , Pay. i Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or 00, the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made. shall terminate, including any liability or obligation to defend. prosecute or corium( any litigation 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy as a contract of indemnity against actual monetary loss or damage sustained or incurred by de insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein descnbed (a) The liability of the Company under this policy shall not exceed the least of (i) the Amount of Insurance staled in Schedule A, or. (r11 the difference between the value of the insured estate tar interest as insured and the value of the insured estate or interest subject to the defect, lien er encumbrance insured against by Ihts pohq• (b) In the mint the Amount of Insurance staled in Schedule A at tha Date of Policy Is less than k0 percent of the value of the Insured estate or interest or the full consideration paid for the land. whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance slated in Schedule A. then this Policy is subject to the following (h) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro 1212 in the proportion That the amount of insurance at Date of Policy bears to to total value of the insured estate or interest at Dale of Policy, or (ii) where a subsequent improvement has been made. as to any partial loss, the Company shall only pay the loss pro eta to the proportion that 120 percent of the Anwunl of Insurance slated in Schedule A bears to the sum of the Amount of Insurance slated in Schedule A and the amount expended for the hnprovenwnl The provisions of this paragraph shall not apply to costs. attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply in that pcnion of any loo which exceeds. in the aggregate, 10 percent of the Amount of lnsumnce staled in Schedule A (c) The Company will payonly (hose cost., attorneys' fees and expenses incurred in accordance with Section 4 al Conditions and Stipulations $. APPORTIONMENT, If the land descnbed in Schedule A consists of two or more parcels which are not used as a single site, and a loss rs established affecting one or more of Ne parcels but not all, the loss shall be computed and sealed on a pro rata basis As if the amount of insurance under this policy was divided pro We as to the value on Date of Policy of each separate parcel to the whole. exclusive of any improvements made subsequent to Date of Policy. unkss a liability or value ha. otherwise been agreed upon as to each parcel by the Company and the insured al the time of the issuance of this polity and shown by an express sbkrmni or by an endorsement attached to dais policy 11 I I Serial No. 0- 9701 - 359407 • Pate 3 ALTA OWNER'S POLICY 10 -17 -92 w 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance. or cares the leek ofa nghl of access In or from the land. or cures the claim of unmarkelabilily of title, all as insured. in a reasonably diligeni manner by any method. including %ligation and the completion of any appeals therefrom. It shall have fully performed its obligations with respect to that natter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation. including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has Isccn 3 final determination by a can ofcon pelenl jurisdiction. and disposition of all appeals therefrom, adverse to lie title as insured (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit I. without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under This policy, except payments made for costs. attomeys' fees and expenses, shall reduce the amount of the insurance pro tante. II 1I. LIABILITY NON - CUMULATIVE. 1 1 it is expressly understood that the amount of insurance under This policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule H or 10 which the insured has agreed, assumed, or taken abject, or which is hereafter executed ! by an insured and which Is a charge or lien on the estate or interest described or referred min Schedule A, and the amount so paid shall be deemed a payment •i - under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shell he made without producing this policy for endorsement of the payment unless the policy has ban lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the Inss or damage shall be payable within 30 days Ihereafer. 13. SUBROGATION UPON PAYMENT OR SETTLEMEN'T. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under This policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant The Company shall be subrogated to and be mulled to all rights and remedies which the insured Si front would have had against any persori or property in respect Io the claim had This policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall pcnnit the Company 10 sue, compromise nr settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on accnunl of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies In the proportion, which the Company's payment bears In the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Cnmpany, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any. lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b)The Company's Rights Against Noninsured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds. n otwilhslanding any t ends or conditions contained in t hose instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, either the Company or the Insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable Waiters may include. but arc not limited lo. any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection With its issuance or the breach ofa polity provision or other obligation. All arbitrable matters when the Amount of Insurance is 51,000.000 or less shall be arbitrated at the option of either the Company ur she insured. All arbitrable matters when the Amount of Insurance is in excess of 51.000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the data the demand for arbitration is made or, at the option of the Insured, the Rules In effect at Daie of Policyshall be binding upon the parties. The award may include attorneys' Res only if the laws of the state in which the land is located pemnit a court to award attorneys' tees to a prevailing party. Judgment upon the awanl rendered by the Arbitrator(/} may be entered in any court having jurisdiction (hereof. The Iaw of the situs of the land shall apply to an arbitration under the Title Insurance Arbitratinn Rules A copy of the Rules may be obtained fmm the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; I.Ol.I('Y RNTIIt6 CONTRACT. i I la) This policy together with all endorsements. if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the ode Im the estate nr interest covered hereby or by any action assertingsuch claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President. a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorised signatory of the Company. 16. SF.VEIIABILITY. In the even) any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include That provision and all odor provisions shall remain In sail fora and effect. 17, NOTICES. WHERE SENT. All notices required t0 be wen the Company and any statement in wnlin required to be furnished the Company shall include the number of Iles policy ! 9 8 P any g 9. P Y and shall be addressed to Me Company at P. 0. Box 2029 Houston, TX 77252 -2029, ICI 1 I Serial No • 9701 - 359407 —1 i Page -0of4 ALTA U1 NER'S POLICY 10 -II -92 ■ I ALTA OWNER'S POLICY SCHEDULE A Order Number: 42962 Policy No.: 0- 9701- 359407 Date of Policy: October 14, 2004 at 1:19 PM Amount of Insurance: S1.850,000.00 Premium: $2,429.00 1. Nance of Insured: WHRJ3, LLC, a Michigan limited liability company 2. The estate or interest in the land which is covered by this Policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: WHRJ3, LLC, a Michigan limited liability company 4. The land referred to in this policy is described as follows: Sec "Exhibit A" attached hereto STEWART TITLE GUARANTY COMPANY ALTA OWNER'S POLICY SCHEDULE B Order Number: 42962 Policy No: 0 -9701- 359407 This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 6. Taxes and Assessments for the year 2004, not yet due and payable, and subsequent years and any special assessments not yet certified on the tax rolls of Pitkin County. 7. Any vein or lode of quartz or other rock in place bearing gold, silver cinnabar, lead, tin, copper or other valuable deposits claimed or known to exist March 23, 1885 and the right of the proprietor of any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits for the purpose of extracting and removing the ore from such vein or lode should the same be found to penetrate or intersect the premises, all as reserved in patent recorded June 17, 1949 in Book 175 at Page 246. 8. Restrictions that only single family dwellings and outbuildings pertaining thereto shall be constructed on these lots. No unpainted metal roofs and no unpainted metal siding will be permitted. No structure shall be placed on these lots which exceeds twenty feet in height, (chimneys excluded), measured vertically from the lowest point of intersection of said structure with the natural grade of the land, to the highest point of roof ridge. No structure shall be placed within fifteen feet from the East boundary of lot number nine (9) as set forth in deed recorded June 18, 1959 n Book 188 at Page 2. 9. Easements, rights of way and all matters as shown on Survey of subject property recorded May 22, 1998 in Plat Book 45 at page 15 as Reception no. 417191. STEWART TITLE GUARANTY COMPANY _ I STG Index of Endorsements to Policy STEWART TITLE GUARANTY COMPANY INDEX OF ENDORSEMENTS TO POLICY COLORADO Agent File No.: 42962 Insured: WHRJ3, LLC, a Michigan limited liability company Policy No.: 0- 9701 - 359407 Policy Form: ALTA Owners Policy 10 -17 -92 Charge: $2,429.00 The Endorsements indicated below are attached to the above referenced Policy: ENDORSEMENT 1 10.1 Deletion of Standard Exceptions Charge $ 150.00 501 Rio Grande Place Suite 104 t Aspen, co 81611 S T U D I O B Phone: 970.920.9428 a r c h i t e c t s Fax: 970.920.7822 Vicinity M ap Project: Hermann Residence Date: 11 -15 -10 Contact: Joseph Spears (Studio B Architects) Time: CC: Location: 131 Midland Ave Aspen Co 81611 rg 8 F47214� : �. 4 li � 1 t 8 t � %: "'•'.,, a 4s r , R .q % "� I � rt` f" p,r << }�„ tq � 1 f �' g ° > ; 1 , c % 0 ,, t % , r ,, t to 1 , 1 „ n., ap., } 8 S s4 a s Jte W 1 ev 0 ' � . ,. r +<m «iu� e ....7..„ \ SN �r;� i ,_ ...„„,pr__ r t PcaryrA�. ..„,„..,.... 1'