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HomeMy WebLinkAboutlanduse case.board of adjustment.592 McSkimming Rd.0027.2011 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0027.2011.ASLU PARCEL ID NUMBER 2737 18 10 2003 PROJECTS ADDRESS 592 MCSKIMMING RD PLANNER AMY GUTHRIE CASE DESCRIPTION BOA REPRESENTATIVE STAN MATHIS DATE OF FINAL ACTION 6.3.11 CLOSED BY ANGELA SCOREY ON: 8.11.11 0 0 Z t. ,_ e _k_ . . 2 -7 27-1 ._ 13 -to .2,003 002 -Lot , _ ® '7 iJJJ1 i. X Imo r - -- Ede Edit Record Navigate FQrm Reports Format Tab Help €J _ 0(► it/=� 8 to fiJi - E. • M�>i jump 1 :01016.11 !Ati id j21 ...3 •i € ■.. .] ill J J 1' ' g V Routing Status • Fees ' Fee Summary Main Actions I Attachments ! Routing History Valuation I ArchjEng 'Custom Fields Sub Permits ! ■ c Permit type aslu Aspen Land Use Permit • 0027.2011 .ASLU 7, Address 592 MCSKIMMING RD Apt /Suite ° o City ASPEN 1 State CO I Zip 181611 o- =9 Permit Information I' Master permit 1 Routing queue aslu07 Applied I5i2.2011 1 IF n' 7,- Project Status pending Approved 0 N Description BOARD OF ADJUSTMENT FOR 592 MCSKIMMING RD Issued Final Submitted STAN MATHIS 618 6636 Clock !Running Days 0 Expires 4t26 2012 Submitted via I Owner Last name SHANNON JOEL INGRAM First name 3642 UNDERWOOD XX I HOUSTON TX 77025 Phone ( ) - Address Applicant ❑Q Owner is applicant? ❑ Contractor is applicant? Last name SHANNON JOEL. INGRAM First name 1 3642 UNDERWOOD XX HOUSTON TX 77025 Phone ( ) - Cust # 29011 I Address Lender Last name I First name Phone ( ) - Address Displays the permit lender's address AspenGold5 (server) angeles 1 of 1 c.C- lt 3 k, oC Ay T3S- 1 (- 9.._e_.. z. „: - .. „ 40 v:t sci 6 1 c'l / o )\ (CD—r(4)\//)\\\ 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 Joel Shannon, 3642 Underwood XX, Houston, Texas 77025, 970 -618 6636 (Stan Mathis) Legal Description and Street Address of Subject Property • Subdivision: Aspen Grove, Block 3, Lot 4, City of Aspen, Pitkin County, Colorado, commonly known as 592 McSkimming Road. Written Description of the Site Specific Plan and/or Attachment Describing Plan Approval grants a dimensional requirements variance for the property's front -yard setback. The approval allows for a revised setback to match an improved/expanded driveway and soil retention system. These improvements are documented as Exhibits A and B in the Resolution. This variance shall not allow any other improvements than those displayed in Exhibits A and B. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Dimensional Requirements Variance (front -yard setback) granted by the Board of Adjustment through Resolution No. 1, Series of 2011. Effective Date of Development Order (Same as date of publication of notice of approval.) June 26 2011 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26308.010 of the City of Aspen Municipal Code.) June 26 2014 Iss this 21 t, of June, 2011, by the City of Aspen Community Development Director. Chris Beni on, ommunity Development Director Resolution No. 1 (SERIES OF 2011) A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, GRANTING A FRONT -YARD SETBACK VARIANCE FOR 592 McSI IMMING ROAD, BLOCK 3, LOT 4, ASPEN GROVE SUBDIVISION, ASPEN, COLORADO Parcel ID: 2737- 181 -02-003 WHEREAS, Joel and Margaret Shannon, 3642 Underwood XX, Houston, TX 77025, represented by Stan Mathis, submitted a request for variance, dated May 2, 2011 to the Board of Adjustment as outlined in Section 26.314.040; and WHEREAS, the Board of Adjustment reviewed the application upon recommendation from the Community Development Department on June 16th, 2011 during a noticed public hearing; and, WHEREAS, the City of Aspen Board of Adjustment finds that the development proposal meets or exceeds all applicable development standards and that the approval is consistent with the goals and objectives of the Aspen Area Community Plan; and WHEREAS, The City of Aspen Board of Adjustment voted in favor of the application by a vote of 5 - 0 by those present . NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN BOARD OF ADJUSTMENT AS FOLLOWS: Section 1: Findings of Fact The Board of Adjustment makes the following findings of fact: 1. Notice of the proposed variance has been provided to surrounding property owners in accordance with Section 26 304 060(EX3) of the Aspen Municipal Code. Evidence of such notice is on file with the City Clerk. 2. The grant of variance is generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan and Chapter 26 of the Aspen Municipal Code. 3. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure. 5. The literal interpretation and enforcement of the terms of Chapter 26 of the Aspen Municipal Code would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or Resolution No. 1, Series 2011 RECEPTION#: 580675, 06/22/2011 at page 1 of 3 09:28:25 AM, 1 OF 6, R $36.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Section 8: 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 9: 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. APPROVED BY the City of Aspen Board of Adjustment on this 16 day of June, 2011. APPROVED AS TO FORM: O' • t _l " ilea 0 orcester, City Attorney Rick/Read, ATTEST: A Jacki Lothian, Deputy City erk List of Exhibits Exhibit A: Site plan depicting improvements and revised front -yard setback. Exhibit B: Elevations of stacked boulder retaining wall Resolution No. 1, Series 2011 Page 3 of 3 Ns , practical difficulty. In determining that the applicant's rights would be deprived absent a variance, the Board considered certain special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant. Section 2: Variance Granted The Board of Adjustment does hereby grant the applicant the following variance from the terms of Chapter 26 of the Aspen Municipal Code: A front -yard setback reflecting the driveway expansion and stacked boulder retaining wall as displayed in Exhibit A of this Resolution. This variance shall only be applied to those improvements referenced in Exhibits A and B. No other development shall be permitted in the amended front -yard other than those permitted setback projections defined within Land Use Code Sub - section 26 .575 .020.E.5, Allowed Projections into Setbacks. Section 3: The approval granted hereby shall be subject to all rights of judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of final development approval as required under Section 26.304.070(A) of this Chapter. Section 4: Zoning that is not part of the approved site specific development plan shall not result in the creation of a vested property right. Section 5: Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. Section 6: The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this development approval, the applicant shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing by the city. Section 7: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Board of Adjustment, 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. 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IUI I1I1 =IIIIII =Ili 0 I� II1IIl „ — ,9 01 ,0 W X 02� SCI • 111111 411111' N Lei 1 1 se D la w z f s I t E 0 T� al P1 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: ///1 Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin ) I Ade II (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official Paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. // sue—• Signature The foregoing "Affidavit of Notice" was acknowledged before me this Z7day of d , 20(1_, by Anc.re4p, SG 1 WITNESS MY HAND AND OFFICIAL SEAL I2- 20 1 3 BLI N DEVE OTICE = - y ,h expires: F f+ NENTAPPROVAL � � y•. y p is erb g to he t g enral p up l la of e i I .• / ., approval h of as s e spec ific develoepme plan, and • .�.L. 1 f / , l /' ` ' t creation of a ted pro ri pursuan to • • • % y the Land Use Code ves of the City oevise Aspen and Ti 24, Article 68, Colorado le y d Statutes, % : Notary lfublic J pertaining to the following legly deribed F property' sped, Sion: Aspon Grove Black 3 Lot • r City of Aspen, Pitkin County, Colorado, the t 1 • . property commonly known 592 Mcskimming �, e r Adjustment on June 16th, 2011. The Applicant •; Road by order of the City as of Aspen Board of tPj • . • • A B � \ •• P r re e� ced gra g fa o � • • t. r r.. I TS: y ard ive s etbac a k to nt match impro nsional veme nc related or to fr the nt , 1., 15 _ l r �� 1 P nr dmewayen re w4(e n nutr,a For >... 727 �(`. t�TION nmrn Community n comae Drew flmetoer, al 130 tl pr�k '' ' j)j '7� 1 S. of Aspen St, seen, C Development x970) 27 130 COPY 0 S. Galena St, Aspen, Colorado (970) 629 -2739. W xpires s/ City of Aspen '•'/ Publish in The Aspen Times Weekly on June 26, 2011. (6675412] D AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 54 2- frH Sill mmi tns load , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Jln szr t L " @ 4 .-nne en , 2011 STATE OF COLORADO ) ss. County of Pitkin ) i C (name, p lease print) being or repr senting an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper ora 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 /Lc-Pi----- rc t.---"----A Signature / The foregoing "Affidavit of Notice" was acknowledged before me this ? day of .Ft4.v4Q., , 20M, by 91/4-Ao, -cbA Senr -ti . P u9uc NOTICE WITNESS MY HAND AND OFFICIAL SEAL RE: McSKIMMING ROAD, REQUEST FOR DIMEN NAL STANDARDS VARIANCES NOT IC e ld en Th y G ay, June e 1 1 ublic 20 at a n will My commission expires: 24 4 to e ti n held a in at 4:00 p.m. e fore the A pt meeting 1 A to 3 begin at 4:00 p.m. before the Roo Board m, City Ha tl Held 130 S. Galena a St., A s ies,t pen, to ngRoom, • ll, 16 S. St., Aspen, consider 3 an apin submitteo by Joel Shannon, 3642 / AS � � ' �' Unde XX, Houston Ta xes ]]025, who Is the , _ a i/ ow ner of the s perly and reprted Oy P d ie Motels. u �he pro a tor the front-yard is d esenet setback. Notary Pnbhc m The request seeks a efortn i01driveway The rr ten n system en that would a l of rac to antl soils retention gystem Mat weula setback h encroach eeh variance n w oo oul d the all existing hr these improvements ovem ents but not of her would allow for imprentot S a x structures. The ty legali yy tl 014, ed es A o u t y of proper Grove, is Block d, Lo161 City d Aspen. County of a 5 , Colorado Skimm 8161 t, and c ommon)y known as 592 kg x e ROar. Fo it y of A sp einn Community otnitw Development ee mtthe r City Aspen S., CO, (970) ATTACHMENTS AS APPLICABLE: Department, drew wa S.GalenaSL,Aspen,c 4292]39, tlw.alaxanderMCi.asprn.co.us. s R kHeatl Qh 'UBLICATION Aspen BOertl of Adjustment OF THE POSTED NOTICE (SIGN) Published i2t6eAspen Weekly on May 29. 201011. . /65626661 WNERS AND GOVERNMENT AGENGIES NOTIED * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24- 65.5 -103.3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Rol O5q.2 Me. 54: w, ' x � l.` of , Aspen, CO SCHEDWD PUBLIC HEARING DATE: J'tne IL ,201 STATE OF COLORADO ) ) ss. County of Pitkin ) I 'Top; 5h a N K O N (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. ✓ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) da rior to the public hearing and was continuously visible from the 20ay of A 200! 1 , to and including the date and time of the public hearing. A ph tograph 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) 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. 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 . ndments. „ '. l� Si. The fo oing "Affidavit of Notice" was acknowl dged before me this /'Sday of Jt[ne- , 20dr_,by N its el Shanwon. WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 09- 2.0 - 2 Oil No Public AGUSTIN GONZALEZ NOTARY PUBLIC STATE OF COLORADO ATTACHMENTS AS APPLICABLE: My Commission Expires 09/2020 • 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 ... ..— • • - • , .;,,,- .•,. . -.NA ._ , ...i.., ,.....- : , '... '..• ''.-...: - - .,, : $'' • • • , — . , ‘5,„141/. el ' , .,...W,L ../ A . .., • • , t ....,' '•\:, - . ; ..1 ,'-= ..' i I ' " - - y i '..)'-'', ^ -,4 ..ki.'i A . ,‘ '... 1 : ' 4 .• 4 ' , ' ' ' , - ' );, ,t..''‘',!.• • ';7 '. .` . .. 4 '.? "': ' '1 4. 1, 474 tAl 14 • ' ' . -- • -- . . . • ..7 ji '' t I. f . ', 5;• .-. ...., ".‘ ..,-*, • .- ' lk. ,, „41 1 I ,.. ‘.-- - ...T,` .* - .4 . -rf . '''. ).•,, 1 S!."" 4 * *.7. ' ,, t .. , ' ,... • .. 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AI . ., t.— • ,..., .:,, it, pt.. •i', , ., .....'-e' ..,,,,.....,_..• k...,..1,2 ..... ,,:,A b . 4,-„,,,,-. , •• ....-,. ; .,..... 4 , • ,.., .•;-• ., -,,-.-.._,- ...,., -• ,,,,..,,,0-......,_..s..f.-.;...i.....: •'''-"N '' . ! A , !" , ..W4.::•:.;:, .r 1 ,,4- ";••, •,. ' , ""L u;- ' I` ,,•,..* `• .... 4, kr- , . . ... .. , ....-1 . . . . . .. , AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS F PROPERTY: 599 'S111411MG rap , Aspen, CO SCHEDULED PUBLIC HEARING DATE: WI, th 00 P.. I (o � = , so ft r� „i;s , le ' . :: STATE OF COLORADO ) ) ss. l: . County of Pitkin ) I, TA 14 MA l (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200, to and including the date and time of the public hearing. A photograph of the posted / notice (sign) is attached hereto. Q 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) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amen dmin ts. -- s i 027(/ i " Signature The foregoing `Affidavit of Notice" was acknowledged before me this i ° ' of 3 , 201__, by Simi Ant) S . i ERIC KULBERG NOTARY PUBLIC WITNESS MY HAND AND OFFICIAL SEAL f STATE OF COLORADO My commission expires: 9 ' a g • 1 k My Commission Expires, • 6 ` l 5 Notary Public ATTACH LENTS 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 BYC.R.S. §24- 65.5 -103.3 �� , t I :. "rod,!, ASPEN GROVE CEMETERY ASSOC BAYM FAMILY LLLP BIRRFELDER PETER C/O MARKALUNAS RAMONA 708 W DELAWARE AVE PO BOX 787 624 NORTH ST URBANA, IL 61801 ASPEN, CO 81612 ASPEN, CO 81611 CASSIDY ANNIE C & COLEY P CROCKETT RUFUS EMPIRE ASPEN LLC 347 W 22ND ST #8 PO BOX 3837 11350 MCCORMICK RD EP111 #605 NEW YORK, NY 10011 ASPEN, CO 81612 HUNT VALLEY, MD 21031 FIR WARREN LLC FOX ALAN F GARLAND CATHERINE FIR DAVID LLC 3550 BELCARO LN 318 MCSKIMMING RD 595 S BROADWAY #200 DENVER, CO 80209 ASPEN, CO 81611 -2217 DENVER, CO 80209 GREENWAY STEPHEN HAWK 1/10 JIRANEK PAMELA MILLER 1/6 KLING WILLIAM H REV THE ISLES PKWY E PO BOX 12334 PO BOX 4863 ASPEN, CO 81612 ASPEN, CO 81612 MINNEAPOLIS, MN 55408 LITTLE RICKI L MAYER PAULINE M MCHUGH JOHN J PO BOX 7954 PO BOX 333 PO BOX 7954 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612 PARTYKA VINCENT K REDWOOD WARREN LLC SC PER KIRSTEN 2 E COO 334 MC SKIMMING RD 565 S BROADWAY #200 ASPEN, O R AVE A ASPEN, CO 81611 DENVER, CO 80209 SHANNON MARGARET B & JOEL I STEWART CHRISTOPHER F 5.197% INT S STEWART T TIMOTHY Y F 25% INT 3119 AVALON PL 560 UNIVERSITY AVE HOUSTON, TX 77019 BOULDER, CO 80302 BOULDER, CO 80304 STEWART WILLIAM D III 34.9015% INT SUPPLEE SHELLEY BAKER 1/15 WOMBWELL WELL GE DRIVE B & EDITH W 1/2 PO BOX 20070 PO BOX 4863 BOULDER, CO 80307 ASPEN, CO 81612 CARBONDALE, CO 81623 -3138 WTCB LLC ZINTERHOFER AERIN C/O CHRIS STEWART 745 5TH AVENUE 32ND FLOOR 2525 ARAPAHOE AV #E4 -409 NEW YORK, NY 10151 BOULDER, CO 80302 AfFn a %� p ' ) L u I p�! ff - :.4'PLN AGENDA ASPEN BOARD OF ADJUSTMENT THURSDAY, June 16, 2011 Special Meeting 4:00 PM SISTER CITIES MEETING ROOM I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES (09/02/10) III. DECLARATION OF CONFLICTS OF INTEREST IV. PUBLIC HEARING A. Case #001 -11 Joel Shannon — 592 Mc Skimming Road. Front yard setback variance. V. ADJOURN • NOTICE OF PUBLIC HEARING CASE #001 -2011 Before the City of Aspen Board of Adjustment TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the BASEMENT MEETING ROOM, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjoumed) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 26, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. Particulars of the hearing and requested variances are as follows: Date and Time of Meeting: Date: June 16, 2011 Time: 4:00 P.M. Owner for Variance: Joel Shannon Representative for Variance: Stan Mathis Name: Joel Shannon Address: 592 McSkimming Road Aspen, CO 81611 Location or description of property: 592 McSkimming Road, Aspen, CO 81611 Variances Requested: The applicant is requesting front yard setback variance. Will applicant be represented by Counsel: YES: NO: The City of Aspen Board of Adjustment 130 S. Galena Street Aspen, CO 81611 Rick Head, Chairman P1 MEMORANDUM TO: City of Aspen Board of Adjustment THRU: Jennifer Phelan, Community Development Deputy Director FROM: Drew Alexander, Planner RE: 592 McSkimming Road — Dimensional Standards Variances; Resolution No. 1, Series 2011— Public Hearing MEETING DATE: June 16 2011 APPLICANT /OWNER: STAFF RECOMMENDATION: Joel Shannon Staff recommends that the Board of Adjustment deny the request to vary the front -yard setback requirement. REPRESENTATIVE: Stan Mathis SUMMARY: The Applicant requests of the Board of Adjustment LOCATION: approval of a dimensional standards variance. The Physical Address — 592 McSkimming variance would allow for the placement of a stacked Road; Legal Description — boulder wall that would create wider driveway and Subdivision: Aspen Grove, Block 3, general access for the site. The requested dimensional Lot 4; and Parcel Identification standard reflects the shape and path of the boulder wall, Number; 2737 - 181 -02 -003 and would require a 0' setback nearest to the property line and a 25' setback at the furthest point from the CURRENT ZONING & USE property line. This variance would only be for the purpose Located in the Moderate Density of developing the stacked boulder retaining wall, and not Residential (R -15B) zone district intended for any additional structures. containing a single - family residence Photo of Subject Pro. - PROPOSED LAND USE: .. - The Applicant is proposing the same " zoning and land use, but is requesting - a variance in a setback requirement. P2 LAND USE REQUEST AND REVIEW PROCEDURES: Subject to the Aspen Land Use Code Section, 26.314.020, Authority, in Chapter 26.314, Variances, "The Board of Adjustment, in accordance with the procedures, standards and limitations of this chapter shall approve, approve with conditions, or disapprove a development application for variances to the terms of this Title. Variances may only be granted for dimensional uses and permitted uses regarding off -site storage of construction materials and activities." The applicant is requesting a variance of dimensional requirements: front -yard setback. The Board of Adjustment has the ability to approve, approve with conditions, or disapprove requests for dimensional variance. BACKGROUND: 592 McSkimming Road is part of the Aspen Grove Subdivision which was created in 1958 and annexed into the city in 1987. This subdivision is one of the only areas of the city that is zoned R -15B (Moderate- Density Residential). The R -15B zone is exempt from the majority of the Residential Design Standards, development of accessory dwelling units, and 8040 Greenline Review. The McSkimming Road neighborhood is located on the lower portion of Smuggler Mountain. PROPOSED VARIANCE: 592 McSkimming is a 17,686 square foot lot with a single - family residence that was constructed in 1971. The lot is provided access from McSkimming Road where a driveway follows the topography down to the residence and carport. The end of the driveway has a small area for maneuvering vehicles and snow storage in the winter months. This driveway and its adjacent railroad tie retaining wall currently encroach into the required 30 foot front -yard setback. The extent of this existing encroachment ranges from 30' at the property line to approximately 5 feet at the south east portion of the lot. Due to the era the house was built, Staff is assuming that the existing retaining wall was legally established. t Figure 1: Drive and Retaining Wall Page 2 of 4 P3 In order to enhance vehicular circulation, access, and snow storage, the applicant has proposed a wider driveway accompanied by a new boulder retention wall. These improvements would provide approximately four additional feet of driveway clearance and the ability to add a hammerhead turn- around at the end of the drive. Presently, vehicles have to back out of the drive onto McSkimming, but the hammerhead would allow for vehicles to turn around and pull straight out. To develop the expanded driveway and retaining wall, the applicant has proposed a new front - yard setback matching the shape of the improvement. Much like the existing condition, this new setback would have a zero measurement nearest the property boundary, and gradually increase in depth as it runs to the southeast (See Exhibit A). STAFF FINDINGS: After reviewing the application, Staff is concerned of the project's compliance with the applicable review criteria - primarily with Criteria 2 and 3 from Section 26.314.040, Standards applicable to variances: 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and, 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience.- In determining whether an applicant's rights would be deprived, the board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings, or structures in the same zone district. In regards to Criterion 2, Staff fmds this variance is not the minimum necessary for reasonable use of the site. The home has been in use since the early 1970's and the minimum necessary has already been established. The ideal time to address access and snow storage issues would be during the initial design phase. It's apparent that the lot encounters substantial topographical burdens to the west; however sensitivity to this type hardship must be carefully applied so that precedents aren't wrongly established. The granting of this variance would not provide a means of access for the site, but instead only improve upon an existing condition. Staff fords that Criterion 3 is also not satisfied. A special circumstance or condition doesn't exist on the lot that is not also encountered by other homes in the R -15B zone district. This zone district is largely c '_ ^ °d. on the slope of Smuggler Mountain, and steep topography is a Page 3 of 4 r ^* P4 consistent occurrence. A majority of the access and snow storage issue rests with the design of the home and its orientation to the road. This design simply represents an inconvenience. Placement of the home further to the west or smaller development would have potentially avoided this inconvenience. In response to 3.b, McSkimming Road has a consistent design pattern of homes with development within the 30' front -yard setback. This is likely due to development prior to city annexation and the application of the R -15B zone district standards. This application, if granted approval, would provide more encroachment into the 30 foot setback and potentially create a precedent for the surrounding homes (for Staff's full response to the review criteria, see Exhibit C). STAFF RECOMMENDATION: Staff recommends denial of this application based upon non - compliance with the review standards. As outlined above, this application reflects a request to improve an inconvenience, not to establish dimensional standards that would provide reasonable use of the lot. The Resolution has been drafted so that if the variance is granted, it is only for the purpose of those improvements identified in Exhibits A and B. The amended front -yard should not permit the construction of any structure other than an expanded driveway and boulder retaining wall. RECOMMEND/ 'MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): "I move to dearResolution No. 1, Series of 2011, a request to vary the required front -yard setback, in order to construct an expanded driveway and boulder retaining wall for 592 McSkimming Road." As yzE F Ett rz .mcep IN E.X H 115 Jr A— D ATTACHMENTS: Resolution No. 1, Series of 2011 EXHIBIT A — Site plan displaying amended front -yard setback EXHIBIT B — Section elevations of the boulder retaining wall EXHIBIT C — Review Criteria Findings ExHIBIT D — Application Page 4 of 4 P5 Resolution No. 1 (SERIES OF 2011) A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, GRANTING A FRONT -YARD SETBACK VARIANCE FOR 592 McSKU%IM NG ROAD, BLOCK 3, LOT 4, ASPEN GROVE SUBDIVISION, ASPEN, COLORADO Parcel ID: 2737 -181- 02-003 WHEREAS, Joel and Margaret Shannon, 3642 Underwood XX, Houston, TX 77025, represented by Stan Mathis, submitted a request for variance, dated May 2, 2011 to the Board of Adjustment as outlined in Section 26.314.040; and WHEREAS, the Board of Adjustment reviewed the application upon recommendation from the Community Development Department on June 16th, 2011 during a noticed public hearing; and, WHEREAS, the City of Aspen Board of Adjustment finds that the development proposal meets or exceeds all applicable development standards and that the approval is consistent with the goals and objectives of the Aspen Area Community Plan; and WHEREAS, The City of Aspen Board of Adjustment voted in favor of the application by a vote of _ - _ by those present . NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN BOARD OF ADJUSTMENT AS FOLLOWS: Section 1: Findings of Fact The Board of Adjustment makes the following findings of fact: 1. Notice of the proposed variance has been provided to surrounding property owners in accordance with Section 26- 304- 060(E)(3) of the Aspen Municipal Code. Evidence of such notice is on file with the City Clerk. 2. The grant of variance is generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan and Chapter 26 of the Aspen Municipal Code. 3. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure. 5. The literal interpretation and enforcement of the terms of Chapter 26 of the Aspen Municipal Code would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or Resolution No. 1, Series 2011 Page 1 of 3 P6 practical difficulty. In determining that the applicant's rights would be deprived absent a variance, the Board considered certain special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant. Section 2: Variance Granted The Board of Adjustment does hereby grant the applicant the following variance from the terms of Chapter 26 of the Aspen Municipal Code: A front -yard setback reflecting the driveway expansion and stacked boulder retaining wall as displayed in Exhibit A of this Resolution. This variance shall only be applied to those improvements referenced in Exhibits A and B. No other development shall be permitted in the amended front -yard other than those permitted setback projections defined within Land Use Code Sub - section 26.575.020.E.5, Allowed Projections into Setbacks. Section 3: The approval granted hereby shall be subject to all rights of judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of final development approval as required under Section 26.304.070(A) of this Chapter. Section 4: Zoning that is not part of the approved site specific development plan shall not result in the creation of a vested property right. Section 5: Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. Section 6: The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this development approval, the applicant shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing by the city. Section 7: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Board of Adjustment, 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. Resolution No. 1, Series 2011 Page 2 of 3 P 7 Section 8: 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 9: 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. APPROVED BY the City of Aspen Board of Adjustment on this 16 day of June, 2011. APPROVED AS TO FORM: BOARD OF ADJUSTMENT: rne,Spe¢tMtfftTnsel Rick Head, Chair vut YH& 6 Ljeut LE3TEO — I- - Cot) 1 . ATTEST: Jackie Lothian, Deputy City Clerk List of Exhibits Exhibit A: Site plan depicting improvements and revised front -yard setback. Exhibit B: Elevations of stacked boulder retaining wall Resolution No. 1, Series 2011 Page 3 of 3 Q Z MIIIMINII Ill a_ P8 'n iQ e p¢uN • a � ! 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L L I_ _1_i 111= I= 111111 D =11 • 111111 =1 r N `\ o 5 III 1= 111111 r Z D =1l.111 _ 111=1 0 ` a, II — 1=111111 Xi \ 7J 0 IIIIII= IIHII=1 I 111111= 111111 m \ " ' - D z MILE 111111 \ O ' = 111111 = 111111 \ 111111 =111111 =1 r n X o = 111111= 111111 0 1;1111 -- :111111,1 _ 0\ i 1 11111 \ -I 1111 \ D =11111 ` a % I III -6. \ �' 11= 11111 2 NIIII ®III \ 27 =11111_ ,ndlEIG w IIIII®IIIIEIIIIII=111I1- \ lo _ _01111- 111111EII111 -A D = 11II ' ` = I IR 11111h11111= 11111M1* 2 11111 =11111 1111M I= \ M ; I MIME- 111111= 1111 0 Ent oo D o co m — 11111J1111I0I m11S111 = - 1 11111 = 111111 =L o -�Inp =1111= yA= 1111_ O'w m = VARIES FROM 0' TO 7' -0" P11 EXHIBIT C STAFF FINDINGS: Dimensional Variance, 592 McSkimming Road STANDARDS APPLICABLE TO VARIANCES Section 26.314.040, Standards Applicable to Variances, of the City Land Use Code states that in order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision making body shall make a fording that the following three circumstances must exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of Aspen Area Community Plan and this Title; STAFF FINDING: DOES IT COMPLY? YES The AACP does not provide specific guidance for this application. However, the AACP does mention in the Design Quality chapter: "Zoning, our primary means of shaping the built environment, must encourage appropriate and lively design." Staff cannot identify a portion of the AACP that this request is inconsistent with, therefore, Staff finds this criterion is met. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and, STAFF FINDING: DOES IT COMPLY? No 592 McSkimming Rd. has been a single - family residence since the early 1970's. Staff finds that the basic use of the site has not been denied by a hardship throughout the years, but that an inconvenience is in place related to general access and snow storage. Staff finds this criterion not met. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the board shall consider whether either of the following conditions apply: a) There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b) Granting the variance will not confer upon the applicant any special privilege n .i-P^ r <: 1r:7 and the terms of this Title to other 202 North Monarch: Rezoning and Subdivision Other Amendment 1 r P12 STAFF FINDING: DOES IT COMPLY? [ YES, CONDITIONALLY As stated in the response to Criterion 2 above, Staff finds that literal interpretation and enforcement of Title 26 creates an inconvenience for the applicant, but not a hardship that other lots do not experience. Alternate site planning or scale of development could have potentially alleviated or eliminated the situation completely. Currently, many of the lots along McSkimming have similar access routes and deal with the steep slopes of the surrounding area. It can be argued whether the inconvenience on this lot is one of the land or one with the design of the residence. Staff finds that the inconvenience is directly related to the initial design of property. Although the applicant is not the original builder of the home, they have unfortunately inherited this problematic design. If this variance is granted, it will clearly administer a privilege to the lot that other lots in the neighborhood do not enjoy. It is worth noting that development in the 30 foot front - yard setback is a common occurrence in this zone district. If granted, this variance will likely establish a precedent for several other homes along McSkimming Road when development is requested in the setback. Staff fords these criteria not met. 202 North Monarch: Rezoning and Subdivision Other Amendment 2 E1aIT ti P 13 April 30, 2011 Stan Mathis 7515 Coal Creek Circle Colorado Springs, Colorado 80911 719.390.6065 719.391.8199 970.618.6636 cell pmbaddogs@Qmail.com Aspen Community Development Department C/o Amy Guthrie 130 S. Galena Street Aspen, Colorado 81611 RE: Lot 4, Block 3, Aspen Grove Subdivision 592 McSkimming Road Parcel ID. #273718102003 Dear Amy, The Applicant, Joel Shannon, is requesting a variance to reconstruct a railroad tie wall with a stacked boulder wall, widen the driving surface and at the same time create a hammerhead area so that cars can be turned around to avoid having to back onto McSkimming. The grading work and new retaining wall are not consistent with the allowances for development in the setback. Development in the setback cannot be more than 30" above or below natural grade. PRIOR APPROVALS: The original Owner received a Certificate of Occupancy Nov. 23, 1971 from the Pitkin County Building Department. Joel Shannon received a Letter of Completion March 5, 1986 from the Aspen/Pitkin Regional Building Department for mechanical, electrical and roofing. A building permit was issued by the City of Aspen for a small addition to the residence. The work is complete, inspections are complete and Mr. Shannon is waiting for the Certificate of Occupancy to be issued. Sec. 26314.030. AUTHORIZED VARIANCES. Variances may only be granted from the following requirements of this Title 26: A. Dimensional requirements. B. Permitted uses, but only to allow for the temporary off -site location or storage of -' --Hal structures or equipment pursuant to building construction or construction staging. r1 P14 Sec. 26.314.040. STANDARDS APPLICABLE TO VARIANCES. A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision - making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of the Aspen Area Community Plan and this Title; RESPONSE: The variance will be generally consistent with the purposes, goals, objectives and policies of the Aspen Area Community Plan and this Title. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; RESPONSE: The variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure. The variance will allow the Applicant to widen the existing driveway (see Section A) by approximately 4', allowing clearance between the existing carport and new wall, providing clearance required for snow removal. The new hammer head turn around depth (see Section B) will allow a car to make a 3 point turn and drive forward up the steep driveway, exiting onto McSldmming Road forward rather than backing onto the road. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; RESPONSE: There are four hardships that exist. 1. The entrance width to the driveway is restricted. The driveway width is only 10' wide at the point where the driveway passes by the pine tree and the Engineering Department will not allow a greater encroachment by the retaining wall into the R.O.W. 2. The intersection of McSkimming Road and the driveway can not be widened because of the gradient of both the driveway and road is too great to blend together at an angle. A perpendicular intersection is also impossible. 3. Snow removal is difficult in the area between the existing carport and the existing retaining wall. The widening will allow for better snow removal on the driveway. 4. The topography of the site on both sides of the driveway limits the ability of the applicant to correct an unsafe condition without the variance. P15 b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings or structures, in the same zone district. RESPONSE: The variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings or structures, in the same zone district If you have any questions please call me. Thank you, Stan Mathis Representative for Joel Shannon . � r • iir w -4WD ti #r� 0 1 1 �, ' 41 401/ �4�. ti. .. a O. w f 1 t : , J k. ii kk ov ,„ l 1 - f .- • t► 1 j ✓ ♦' . s • ,•< ~ - • • . • „. �b , 41 4 i .., . fild loy - . 1 1/ 7 f -- - tSAIllili . , , 1 . o , . ...,. ,_ ,,,..._.,..,. , .. _ „It P - i . o t i. 4 4. . . 'N - .. . lO V . A. 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JM4 , ,", 6 92 t ��- z � t i f ' • . s t, - 4 j y y s % 4 . r 1 A' r d 3 a 37 ,, ' . ,, j • fT - 1 1. r .! r .t ! `` • .. -, , . ,; 11 : 4 - a` } t r* 3 r ASPEN GR01/E`LN 4 f .• _ y , ,4 ` i } , r ° `� , '!1 ri: l i 1 s t RECEIVED APR 29 2011 CITY OF ASPEN CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY COMMUNITY DEVELOPMENT PLANNER: Amy Guthrie, 970.429.2758 DATE: 4.29.11 PROJECT: 592 McSkimming Road REPRESENTATIVE: Stan Mathis TYPE OF APPLICATION: Dimensional Requirements Variance at Board of Adjustment DESCRIPTION: 592 McSkimming Road is a single family house with a steep driveway and limited turnaround area. Land uphill from the driveway is retained with an older railroad tie wall. The property owner wishes to reconstruct the wall and at the same time create a hammerhead area so that cars can be turned around to avoid having to back onto McSkimming. The grading work and new retaining wall are not consistent with the allowances for development in the setback. Development in the setback cannot be more than 30" above or below natural grade. The property owner will submit an application for a variance to the Board of Adjustment. Demonstration of hardship and /or site specific constraints will be needed. The application must be determined complete by the Community Development Department, then a public hearing will be scheduled. Notice requirements will include publication, mailing and posting per section 26.304.060(E)(3)(a) —(c). Below is a link to the Land Use application Form for your convenience. http: / /www.aspenpitkin.co_ m /Departments/ Community - Development/Planning - and - Zoning/Title -26- Land- Use -Code/ Land Use Code Section(s) 26.314 Variances 26.314.040 Review Standards for Dimensional Variances 26.304.060(E) Public Notice Review by: Community Development Staff for complete application Public Hearing: Required Planning Fees: $735 for Board of Adjustment processing and application. This includes three (3) hours of staff review time. Additional time over three (3) hours will be billed at $245 per hour Total Deposit: $735 Total Number of Application Copies: 7 Copies Includes appropriate drawing for board review (HPC = 12; PZ = 10; CC = 7; BOA 5; Referral Agencies = 1 /ea.; Planning Staff = 2) April 30, 2011 Stan Mathis 7515 Coal Creek Circle Colorado Springs, Colorado 80911 719.390.6065 719.391.8199 970.618.6636 cell pmbaddogs @gmail.com Aspen Community Development Department C/o Amy Guthrie 130 S. Galena Street Aspen, Colorado 81611 RE: Lot 4, Block 3, Aspen Grove Subdivision 592 McSkimming Road Parcel ID. #273718102003 Dear Amy, The Applicant, Joel Shannon, is requesting a variance to reconstruct a railroad tie wall with a stacked boulder wall, widen the driving surface and at the same time create a hammerhead area so that cars can be turned around to avoid having to back onto McSkimming. The grading work and new retaining wall are not consistent with the allowances for development in the setback. Development in the setback cannot be more than 30" above or below natural grade. PRIOR APPROVALS: The original Owner received a Certificate of Occupancy Nov. 23, 1971 from the Pitkin County Building Department. Joel Shannon received a Letter of Completion March 5, 1986 from the Aspen/Pitkin Regional Building Department for mechanical, electrical and roofing. A building permit was issued by the City of Aspen for a small addition to the residence. The work is complete, inspections are complete and Mr. Shannon is waiting for the Certificate of Occupancy to be issued. Sec. 26.314.030. AUTHORIZED VARIANCES. Variances may only be granted from the following requirements of this Title 26: A. Dimensional requirements. B. Permitted uses, but only to allow for the temporary off-site location or storage of material structures or equipment pursuant to building construction or construction staging. stewart ti Aspen Division v ` ( ■` 620 East Hopkins Avenue View your transaction progress 24/7 via SureClose. Aspen, Colorado 81611 Phone: 970-925-3577 Ask us about your login today! Fax: 866-277-9353 Date: May 11, 2011 Order Number: 946288 Buyer: Seller: Joel I Shannon and Margaret B. Shannon Property Address: 452 McSkimming Road, Aspen, CO 81611 Please direct all Closing inquiries to: Please direct all Title inquiries to: Title only Linda Williams Phone: 970-766-0234 or 866-932-6093 Email Address: Iwilliam3 @stewart.com SELLER: Joel I Shannon Margaret B. Shannon LISTING BROKER: SELLING BROKER: Joel I Shannon Phone: Phone: RECEIVED MAY 1 1 2011 CITY OF KADEN COMMUNITY NdITY DEVELOPMENT We Appreciate Your Business And Look Forward to Serving You in the Future. `i 3 ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by stewart •title guaranty company Stewart Title Guaranty Company, a Texas Corporation ( "Company "), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: rSteWal't - w , _ a_ ? •title guaranty company iy /!i Senior Chairman of e Board oriud Countersignature 'f Stewart Title s '+ Aspen Division G- 1 90 B Chairman of the Board fp 620 East Hopkins Avenue "rE.x °RS Aspen, Colorado 81611 Q Phone: 970 - 925 -3577 President Fax: 866 Order Number: 946288 ALTA Commitment (6/17/06) COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: April 26, 2011, at 7:30 A.M. Order Number: 946288 2. Policy or Policies To Be Issued: Amount of Insurance (a) A.L.T.A. Owner's (b) A.L.T.A. Loan 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the referenced estate or interest in said land is at the effective date hereof vested in: Joel I. Shannon also known as Joel Ingram Shannon and Margaret Barrett Shannon 5. The land referred to in this Commitment is described as follows: Lot 4, Block 3, ASPEN GROVE SUBDIVISION, as shown upon the plat thereof recorded as Document No. 116127, Ditch Book 2A at Page 291 of the records for Pitkin County, Colorado. COUNTY OF PITKIN STATE OF COLORADO Purported Address: Statement of Charges: 452 McSkimming Road These charges are due and payable before a Policy can Aspen, Colorado 81611 be issued: Commitment Fee $250.00 Order Number: 946288 �} � r ALTA Commitment (6/17/06) - Schedule A r ste `w / t Title Officer: title guaranty company Page 1 of 1 COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 1 REQUIREMENTS Order Number: 946288 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. NONE NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the property described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount that was paid for this product. Order Number: 946288 A/ • ALTA Commitment (6 /17 /06)— Schedule HI ����Y Page 1 of 1 • title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 946288 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and 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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or homeowners association or inclusion in any water service or street improvement area. 10. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 11. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded June 17, 1949 in Book 175 at Page 243. 12. Any vein or lode of quartz or other rock in place bearing gold, silver cinnabar, lead, tin, copper, or other valuable deposit claimed or known to exist on March 23, 1885 as reserved by Patent recorded June 17, 1949 in Book 175 at Page 246. Order Number: 946288 � V ALTA Commitment (6/17/06) - Schedule B 2 Page 1 of 2 title guaranty company t 2 13. Restrictive Covenants For Aspen Grove Subdivision Block 3 recorded in Book 204 at Page 566. 14. Restrictive Covenants For Aspen Grove Subdivision Block 3 recorded in Book 204 at Page 525. 15. All matters shown on the Plat recorded in Ditch Book 2A at Page 291. 16. City of Aspen Ordinance No. 28 Annexing Territory into the City of Aspen, recorded July 22 1987 in Book 541 at Page 979 as Reception No. 291234, and on the Annexation Plat recorded in Plat Book 19 at Page 97 as Reception No. 291233, and Ordinance No. 26 real recorded October 1, 1987 in Book 547 at Page 191 as Reception No. 293405. 17. All matters shown on the Plat of Aspen Grove - Eastwood- Knollwood Annexation recorded July 22, 1987 in Plat Book 19 at Page 97. 18. Notice Of Declaration Blocks 1, 2 and 3 Aspen Grove Subdivision recorded November 29, 1989 in Book 608 at Page 646 as Reception No. 317701. Order Number: 946288 Ste - y}: ALTA Commitment (6/17/06) - Schedule B 2 � � Page 2 of 2 title guaranty company STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies [ WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of' the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. ':. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' •ersonal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and !, Yes No responding to court orders and legal investigations. For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No _.. We don't share , For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and nonfinancial companies. Our Yes No I affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company I For our affiliates' everyday business purposes— information about your No We don't share I creditworthiness. For our affiliates to market to you '', Yes No For non - affiliates to market to you. Non - affiliates are companies not related by No We don'[ share common ownership or control. They can be financial and nonfinancial companies. We may disclose your personal information to our affiliates or to non - affiliates as permitted by law. If you request a transaction with a non - affiliate, such as a third party insurance company, we will disclose your personal information to that non - affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] Sharing practices How often do the Stewart Title Companies We must notify you about our sharing practices when you request a transaction. notify me about their practices? How do the Stewart Title Companies To protect your personal information from unauthorized access and use, we use security protect my personal information? measures that comply with federal and state law. These measures include computer, file, and building safeguards. _ How do the Stewart Title Companies We collect your personal information, for example, when you collect my personal information? : • request insurance- related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact Us I If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 Order Number: 946288 • DISCLOSURES Order Number: 946288 Note: Pursuant to C.R.S. 10 -11 -122, notice is hereby given that: A. The subject real property may be located in a special taxing district; B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. Note: Colorado Division of Insurance Regulations 3 -5 -1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single - family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unified mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and /or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to C.R.S. 10 -11 -123, notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. Order Number: 946288 Disclosures Stewart Title DISCLOSURE The title company, Stewart Title in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. DI 1E CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http: / /www.alta.org. stewart title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. r6 r h THE CITY OF ASPEN Land Use Application Determination of Completeness Date: May 5, 2011 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0027.2011.ASLU —592 McSkimming Road. Your Land Use Application is incomplete: - / We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1) The application needs a current ownership and encumbrance report (no older than 6 months). Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ❑ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429 -2759 if you have any questions. Th. .You, ife ' _ - lan, Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes No •C Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing • Yes Commercial E.P.F. WED CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT I:. aY 2 2011 Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN ` c , , � , COMMUNITY DEVELOPMENT CITY OF ASPEN (hereinafter CITY) and �p L 1`t (hereinafter APPLICANT) AGREE AS FOLLOW,S:`,�j R�t I V e C VN'itg ormii eshimHito gasser) (hereinafter, THE PROJECT). 5 1 1:.x/. 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and /or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and /or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and /or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to determination of ap lica n completeness, APPLICANT shall pay an initial deposit in the amount of $ CO which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: - A l Chris Bendon �/� / 201 Community Development Director Date: // Min! Ad • ess s aandd Telephone Number: V 4%L- L , A . C Ke ofxsarora 0 i :: ?12L4 ,Co 8 EEr 4yr��tTtt April 30, 2011 Joel Shannon PO BOX 1167 RE Aspen, Colorado 81612 (713) 203 -7457 Aspen Community Development Department Ca n iTYO v 20 %' c/o Amy Guthrie '✓Nj1)•r'1,S'p 130 S. Galena Street � 4 ►'F( FN Aspen, Colorado 81611 �p 49. RE: Lot 4, Block 3, Aspen Grove Subdivision 592 McSkimming Road Parcel ID. #273718102003 Dear Amy, I, Joel Shannon, the Applicant to the Aspen Community Development Department for a Board of adjustment review of the property referenced above, authorize Stan Mathis to act on my behalf regarding this application. Ojai* I / Joel Shannon ._ _- o 1 PQ L:CV' P cE PHOPEA,Y maw VEV OUPCE OF BUSINE' COUN,Y CODE MUNICIPALITY s:MJLTANE0us POLICY NO EMIVM 1 a030 2 7? 3 4 6 097 6 7 M 9903 272021 LIABILITY AT REISSUE PATE LIABILITY AT 8 HON' TE PM PATE ESCROW CHANGE ABSTRACT CHARGE EXTRA WORK CHAP GE 8 10 11 12 13 • FIRST SPECIAL CHARGE (CREDIT) SECOND SPECIAL CHARGE (CREDIT) THIRD SPECIAL CHARGE (CREDIT) TYPE AMCLNT TYPE AMOUNT TYPE AMOUNT 14 15 16 17 18 19 20 ALTA OWNER'S POLICY — Amended 10/17/70 MCP( it SCHEDULE A Order No.: Policy No.: 13544C3 0 9902 144302 Date of Policy: Amount of Insurance: S January 24, 1986 At 9;25 All 275,000.00 1. Name of Insured: J0ITL I. SHANNON AND SUSAN V. SHANNON 2. The estate or interest in the land described herein and which is covered by this policy is: PEE SINPLP grrFrif .MD / 2 4Q 3. The estate or interest referred to herein is at Date of Policy vested in: Ci7 Oil ,f`•S"L JOEL I. SHANNON AND SrJEAt1 V. SHANNON COMMUNITY DEVELOP ENT 4. The land referred to in this policy is described as follows: Lot 4, 91.ock 3, ASPEN GROVE SUBDIVISION, as sh. upon the plat thereof recorded as Document No. 116127, Ditch B k 2,A at Page 291 of the records for Pitkin Count Colorado, County of Pitkin, State of Colorado \...) AUTHORI'ZFD COUNTERSIGNATURE STEWART TITLE GUARANTY COMPANY CODE 0012 Page 2 ALTA OWNER'S POLICY — Modified 10/73 • ORDER 110.: 13544C3 SCHEDULE B Policy No.: n 9902 144302 This policy does not insure against loss or damage by reason of the following: 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. Any and all unpaid taxes and assessments and any unredeemed tax sales. 6. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 7. Restrictive Covenants recorded in Doak 20 at Page 525 and. in Book 204 at Page 566. 8. Easements for utilities, roads nd ditches s shown on the Plat recorded in Ditch Book 2A - Page 291. 9. Right of way for d. hes or cane s constructed by the authority of the United State. as reserved in United States Patent recorded June 17, 19 in Book 175 at Page 243. 10. Any vein or lode of g 'tz or other rock in place bearing gold, silver, c'nnabar, lead, tin, copper, or other valuable deposit • claimed or known to exist on March 23, 1885 as reserved by • Patent_ reco «c1 June 17, 1949 in Book 175 at Page 246. • 11. '1 Deed of Trust dated January 21, 1906, executed by Joel I. Shannon and Susan V. Shannon, to the Public Trustee of Pi.tk:in County, to secure an indebtedness of 5206,250.00, in favor of • Standard Federal Savings and Loan Association, recorded January 24, 1986 in Book 503 at Page 970 as Reception No. 275056. • • STEWART TITLE • • Page3 GUARANTY COMPANY 1613 AGENT'S FILE COPY CITY OF ASPEN t y l e r Permit Receipt RECEIPT NUMBER 00029519 Account Number: 29011 Date: 5/2/2011 Applicant: SHANNON JOEL INGRAM Type: check # 3108 Permit Number Fee Description Amount 0027.2011.ASLU Aspen Land Use App Fees 735.00 Total: $735.00 C CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Amy Guthrie, 970.429.2758 DATE: 4.29.11 PROJECT: 592 McSkimming Road REPRESENTATIVE: Stan Mathis TYPE OF APPLICATION: Dimensional Requirements Variance at Board of Adjustment DESCRIPTION: 592 McSkimming Road is a single family house with a steep driveway and limited turnaround area. Land uphill from the driveway is retained with an older railroad tie wall. The property owner wishes to reconstruct the wall and at the same time create a hammerhead area so that cars can be turned around to avoid having to back onto McSkimming. The grading work and new retaining wall are not consistent with the allowances for development in the setback. Development in the setback cannot be more than 30" above or below natural grade. The property owner will submit an application for a variance to the Board of Adjustment. Demonstration of hardship and /or site specific constraints will be needed. The application must be determined complete by the Community Development Department, then a public hearing will be scheduled. Notice requirements will include publication, mailing and posting per section 26.304.060(E)(3)(a) —(c). Below is a link to the Land Use application Form for your convenience. http: / /www.aspenpitkin.com/ Departments/ Community- Development/Plan ninq- and- Zoninq/Title -26- Land- Use -Code/ Land Use Code Section(s) 26.314 Variances 26.314.040 Review Standards for Dimensional Variances 26.304.060(E) Public Notice Review by: Community Development Staff for complete application Public Hearing: Required Planning Fees: $735 for Board of Adjustment processing and application. This includes three (3) hours of staff review time. Additional time over three (3) hours will be billed at $245 per hour Total Deposit: $735 Total Number of Application Copies: 7 Copies Includes appropriate drawing for board review (HPC = 12; PZ = 10; CC = 7; BOA 5; Referral Agencies = 1 /ea.; Planning Staff = 2) To apply, submit the following information El Total Deposit for review of application. I Pre pplication Conference Summary. O Ap licant's name, address and telephone number, contained within a letter signed by the plicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. O Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. O A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. n Completed Land Use application and signed fee agreement. O An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. =Existing elevations of the development ni A written description of the proposal and a written explanation of how a proposed development complies with the review standards (26.314.040) relevant to the development application O 7 copies of the Land Use Application and all additional letters, maps, and agreements. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Sec. 26.314.040. STANDARDS APPLICABLE TO VARIANCES. A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision - making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of the Aspen Area Community Plan and this Title; RESPONSE: The variance will be generally consistent with the purposes, goals, objectives and policies of the Aspen Area Community Plan and this Title. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; RESPONSE: The variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure. The variance will allow the Applicant to widen the existing driveway (see Section A) by approximately 4', allowing clearance between the existing carport and new wall, providing clearance required for snow removal. The new hammer head turn around depth (see Section B) will allow a car to make a 3 point turn and drive forward up the steep driveway, exiting onto McSkimming Road forward rather than backing onto the road. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; RESPONSE: There are four hardships that exist. 1. The entrance width to the driveway is restricted. The driveway width is only 10' wide at the point where the driveway passes by the pine tree and the Engineering Department will not allow a greater encroachment by the retaining wall into the R.O.W. 2. The intersection of McSkimming Road and the driveway can not be widened because of the gradient of both the driveway and road is too great to blend together at an angle. A perpendicular intersection is also impossible. 3. Snow removal is difficult in the area between the existing carport and the existing retaining wall. The widening will allow for better snow removal on the driveway. 4. The topography of the site on both sides of the driveway limits the ability of the applicant to correct an unsafe condition without the variance. b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings or structures, in the same zone district. RESPONSE: The variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings or structures, in the same zone district If you have any questions please call me. Thank you, Stan Mathis Representative for Joel Shannon • CERTIFICATE OF OCCUPANCY Pitkin County, Colo. Date Nov 23, 1971 Lot 4 Block 3 Subdiv. Aspen Grove Sub. • Nancy Dick Residence • This is to certify that a certain structure located at Lot 4, Block 3, Aspen Grove Subdivision and owned by Nancy Dick, Aspen, Colorado • erected under Building Permit No. 1 complies with the requirements of the Uniform 'u -lding Code, 1970 Editio. , .. Occupancy Group: I Type of Construction: V Fire Zone: III Comments and Restrictions: Signed, AC,C— —.."..g • County Suiiding inspector BRING INSPECTION DEPARTME.;t El CITE A F ASPEN - COUNTY OF PITKIN[OLORADO di .// GENERAL 1 atr 22- c�� CONSTRUCTION PERMIT WHEN SIGNED AND VALIDA BUILDING INSPECTION DEPARTMENT THIS PERMIT AUTHORIZES THE WORK DESCRIBED BELOW. - ASS OF WORK: NEW Et' AD 0 ALTERATION ❑ REPAIR MOVE ❑ WRECK ❑ OWNER NAME % , ..-; .,-- / i ADDRESS PHONE a LICENSE LICENSE NAME (AS LICENSED) �,, CLASS NUMBER 1 INSURANCE F ADDRESS � ( PHO ❑ O SUPERVISOR O FOR THIS JOB NAME DATE CERTIFIED 'LEGAL i'/z- °_"'-`' DESCRIPTION LOT NO. l` BLOCK NO. ADDITION ,, SURVEY ATTACHED DESIGN '72 A LK. BY BY ,!—F' k -a--1- v --LK-K i'is.--,/ PE NO AREA (S.F.) la, iA S7i HEIGHT / / NO. TOTAL OCCUPANCY AT GRADE ,(L, f c& 4'V I (FEET) /E/ STORIES 4- UNITS / GROUP f DIV. FIN. ❑ SINGLE ❑ ATTACHED ❑ TOTAL � j TYPE FIRE BASEMENT UNFIN. ❑ G DOUBLE ❑ DETACHED ❑ ROOMS Q CONST I/ ZONE — HI SIZE SPACING SPAN AGENCY AUTHORIZED DATE BELOW / DEPTH FIRST / BY Z GRADE DE `/, - 7 i , / F FLO i /D / G PI _ 7 � BUILDING REVIEW F FOOTEXTERIOR VI CEILING _ ■ ` ZONING �j) _� i 4 SIZE //) ., ;-D O � -.si , %.3.- 4 90a L..;. -- (% k - 41 o Z EXTERIOR „ �I CONC. PARKING EON. WALL ROOF �"� (�(� � O THICKNESS ul..- / MAS'Y ❑ � _ L,-. r • , / X LL - r. . L - PUBLIC HEALTH ✓ �l THI CAISSONS ❑ ROOFING .� �, ( :� �-!`- -� - '-' -- a >r )(� SCAR A 8 6R. BEAMS MATERIAL � ' MASONRY ABOVE ABOVE ABOVE ENGINEERING EXTERIOR THICKNESS 1ST FLR 2ND FLR 3RD FLR WALL & STUD SPACE 1ST FLR. -, le,/ 2ND 3RD FLR REMARKS X{ / L/ . NOTES TO APPLICANT: FOR INSPECTIONS OR INFORMATION CALL 925 - 7336 FOR ALL WORK DONE UNDER THIS PERMIT THE PERMITTEE ACCEPTS FULL RESPONSIBILITY FOR VALUATION a , 4-6, COMPLIANCE WITH THE UNIFORM BUILDING CODE, THE COUNTY ZONING RESOLUTION OR CITY y S --4° y F' ZONING ORDINANCE, AND ALL OTHER COUNTY RESOLUTIONS OR CITY ORDINANCES WHICHEVER OF WORK ` 1 y APPLIES. SEPARATE PERMITS MUST BE OBTAINED FOR ELECTRICAL, PLUMBING AND HEATING, SIGNS, PLAN TOTAL FEE SWIMMING POOLS AND FENCES. FILED T P �q/�,/ PERMIT EXPIRES 60 DAYS FROM DATE ISSUED UNLESS WORK 15 STARTED. REQUIRED INSPECTIONS SHALL BE REQUESTED ONE WORKING DAY 114 ADVANCE. DOUBLE CHECK ALL FINAL INSPECTIONS SHALL BE MADE ON ALL ITEMS OF WORK BEFORE OCCUPANCY 15 PERMITTED. FEE ❑ CASH ❑ $ 94111 THIS BUILDING SHALL NOT BE OCCUPIED UNTIL A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED. ❑ BUILDING DEPARTMENT PERMIT SUBJECT TO REVOCATION OR SUSPENSION FOR VIOLATION OF ANY LAWS GOVERNING SAME. SIGNATURE OF APPLICANT: APPROVAL DATE DATE PERMIT 140. LICENSE ti RECEIPTS CLASS AMOUNT THIS FORM IS A PERMIT ONLY WHEN VALIDATED HERE am+. 1 J� / 7! ‘/25/4/ / -71 a //J� / VI ASPENOPITK REGIONAL. BOIL SSJG DEPARTMENT LETTER OF COMPLETION a 4°°'' • DATE: March 5, 1986 CITY ui° p51' N COMMUNITY DEVELOPMENT OWNER: Joel Shannon BUILDING ADDRESS:0592 McSkimming Rd OCCUPANCY DIVISION: R -3 TYPE CONSTRUCTION: V -N The plans and construction for the project described and permitted as Permit #8888 have been inspected and approved by the Aspen /Pitkin Regional Building Department. At the time of completion and final inspection, the work was found to comply with zoning and building regulations effective in the City or County with the following restrictions: None 1&; -"b4 ilk • ie 101" ld' "official dames J. Wilson offices: mail address: 517 East Hopkins Avenue 506 East Main Street Aspen, Colorado 51611 303/925 -5973 Aspen, Colorado $16i1 • c5 \ ZQ NON • -4' \'`) 0 Z O ^ \ J Dz rn 3NVl 3DIlV -1 ��W 3 dO� 0N\WW C K z m C Co I ° xi > morn r g ,thirig 1 N =mm_ c Ul u) A 21 rill CD IIIIII grIE m iv 1 11111111 < ,1= "IES ROM 0' TO 6' -0" O �Imo i, =1111111 i iri�'_= e — Illlllslll r X Z ®I11==1111N� C U) z Mi ba n ®Niin=iiif_ v 8 F2 rififi 11 III BI 1 - 1 1 , xi ��� I • Pi re millii 0 11 ° I al L -1 J- 1 -- -L - - , c i' W gg I"1_ @In \c, z; D IIIIN �s 0 1. a II_ - 1 Zing I \O ..._ al • (n • a O m l_1s�Ie.s mnl5 m .,4NNN * �I = lil�l: \ 0 1[11- -ii I I IIII ° 4 I Mifi I�iiirai=MMIL ' ■= NIA -' = 1 I CIIIMMI I MIn. \ co " "" 541 Milleal a -A I X111111 =11IIhIII SIMIlai. Fri Pic p i® it —1 " off - i D ill -I Z _ Z VARIES FROM 0' TO 7' -0" 0 > i n 0 , 73 2 z CU l� J z m I��{}l 0 c C : . � Ill 1 D I n CO N N j�liiNE " IES ;ROM 0 ' TO 6 -0 < =1 ANIPM � n 11'� _: i-a11" __ -' 'i, -I o III c lliiil =J i o iiiiPnii lri) T _Ilhl1e L _ N , a (ri :IIJIII6111;1; -1 ' 2 m o PEWEE EIII' � 1 D 1111x11 � : V _ 1!I __ yX 0 2 I1 rII�IIIi r =� Z \ - u siLi D ili Inn e U1 -1 CD C S lim" m I _ cn 1 Eff Illlii m l `, M X o' 11.111 J \ x ns f m \ 0 u D rn < _; II-IIm Z l , \ Fri ip 7:I IL _ ,mIIEho w iifIl m — 111111 =Ng11_ \ vINLItharam,,,AiNlll=I�IJ[I 2 D =Ilf�il IIhMI_ 11 _ ' 1 111=InHII�IIIIIN - * 9 Ewa 11111g1111111 1d 1� \ ,, \ D °mm ' '1-11 o me I _ II�III , - R o A ?O 1j I � I�I & N p N °1 1IL m 11, VARIES FROM 0' TO 7' -0" P1 1 EXHIBIT C STAFF FINDINGS: Dimensional Variance, 592 McSkimming Road STANDARDS APPLICABLE TO VARIANCES Section 26.314.040, Standards Applicable to Variances, of the City Land Use Code states that in order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision making body shall make a finding that the following three circumstances must exist: I. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of Aspen Area Community Plan and this Title; STAFF FINDING: DOES IT COMPLY? YES The AACP does not provide specific guidance for this application. However, the AACP does mention in the Design Quality chapter: "Zoning, our primary means of shaping the built environment, must encourage appropriate and lively design." Staff cannot identify a portion of the AACP that this request is inconsistent with, therefore, Staff fords this criterion is met. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and, STAFF FINDING: DOES IT COMPLY? No 592 McSkimming Rd. has been a single - family residence since the early 1970's. Staff finds that the basic use of the site has not been denied by a hardship throughout the years, but that an inconvenience is in place related to general access and snow storage. Staff fords this criterion not met. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the board shall consider whether either of the following conditions apply: a) There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b) Granting the variance will not confer upon the applicant any special privilege �r'r Arpr r ". Wri 2nd the terms of this Title to other 202 North Monarch: Rezoning and Subdivision Other Amendment 1 P1 2 STAFF FINDING: DOES IT COMPLY? YES, CONDITIONALLY As stated in the response to Criterion 2 above, Staff finds that literal interpretation and enforcement of Title 26 creates an inconvenience for the applicant, but not a hardship that other lots do not experience. Alternate site planning or scale of development could have potentially alleviated or eliminated the situation completely. Currently, many of the lots along McSkimming have similar access routes and deal with the steep slopes of the surrounding area. It can be argued whether the inconvenience on this lot is one of the land or one with the design of the residence. Staff finds that the inconvenience is directly related to the initial design of property. Although the applicant is not the original builder of the home, they have unfortunately inherited this problematic design. If this variance is granted, it will clearly administer a privilege to the lot that other lots in the neighborhood do not enjoy. It is worth noting that development in the 30 foot front - yard setback is a common occurrence in this zone district. If granted, this variance will likely establish a precedent for several other homes along McSkimming Road when development is requested in the setback. Staff finds these criteria not met. 202 North Monarch: Rezoning and Subdivision Other Amendment 2 Exetl f3 1T P13 April 30, 2011 Stan Mathis 7515 Coal Creek Circle Colorado Springs, Colorado 80911 719.390.6065 719.391.8199 970.618.6636 cell pmb addo g s (a,, emai l . co m Aspen Community Development Department C/o Amy Guthrie 130 S. Galena Street Aspen, Colorado 81611 RE: Lot 4, Block 3, Aspen Grove Subdivision 592 McSkimming Road Parcel ID. #273718102003 Dear Amy, The Applicant, Joel Shannon, is requesting a variance to reconstruct a railroad tie wall with a stacked boulder wall, widen the driving surface and at the same time create a hammerhead area so that cars can be turned around to avoid having to back onto McSkimming. The grading work and new retaining wall are not consistent with the allowances for development in the setback. Development in the setback cannot be more than 30" above or below natural grade. PRIOR APPROVALS: The original Owner received a Certificate of Occupancy Nov. 23, 1971 from the Pitkin County Building Department. Joel Shannon received a Letter of Completion March 5, 1986 from the Aspen/Pitkin Regional Building Department for mechanical, electrical and roofing. A building permit was issued by the City of Aspen for a small addition to the residence. The work is complete, inspections are complete and Mr. Shannon is waiting for the Certificate of Occupancy to be issued. Sec. 26.314.030. AUTHORIZED VARIANCES. Variances may only be granted from the following requirements of this Title 26: A. Dimensional requirements. B. Permitted uses, but only to allow for the temporary off -site location or storage of --riot structures or equipment pursuant to building construction or construction staging. P14 r f Sec. 26.314.040. STANDARDS APPLICABLE TO VARIANCES. A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision - making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of the Aspen Area Community Plan and this Title; RESPONSE: The variance will be generally consistent with the purposes, goals, objectives and policies of the Aspen Area Community Plan and this Title. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; RESPONSE: The variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure. The variance will allow the Applicant to widen the existing driveway (see Section A) by approximately 4', allowing clearance between the existing carport and new wall, providing clearance required for snow removal. The new hammer head turn around depth (see Section B) will allow a car to make a 3 point tum and drive forward up the steep driveway, exiting onto McSkimming Road forward rather than backing onto the road. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; RESPONSE: There are four hardships that exist. 1. The entrance width to the driveway is restricted. The driveway width is only 10' wide at the point where the driveway passes by the pine tree and the Engineering Department will not allow a greater encroachment by the retaining wall into the R.O.W. 2. The intersection of McSkimming Road and the driveway can not be widened because of the gradient of both the driveway and road is too great to blend together at an angle. A perpendicular intersection is also impossible. 3. Snow removal is difficult in the area between the existing carport and the existing retaining wall. The widening will allow for better snow removal on the driveway. 4. The topography of the site on both sides of the driveway limits the ability of the applicant to correct an unsafe condition without the variance. `.t P 15 b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings or structures, in the same zone district. RESPONSE: The variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings or structures, in the same zone district If you have any questions please call me. Thank you, Stan Mathis Representative for Joel Shannon 0 p emg - ed,e OI -4 n n __ �bae v p�..- n Ith I - - - -- - Ia L'' N ` gy p` !R e ‘Ht H .. -. F _ 1 b='a y� 6 £ p..�: .I`yl' -c." • o . ,c .._,\ ` 9 40.„ Y u ,mom' m ° a te" a pp N , ^': . ; tit 4. . 1^I . L : 0 d V °9. yy o c�ZA �' E� ()al� N Z A D WO t / n Lt.`,1,Sv m 0 O i\ Si g a P - O ffn� 9 4 no x[ =m �� K A 6 Z 3,- 0 lit tri o 5 n N SIN 4 O N I SHANNON GUEST DRIVEWAY I IMIdi m-i _ P iailltC ECDPI LOT 4. BLOCK 3, ASPEN GROVE SUBDIVISION § 0 311mI1066OKIIII SIEW NVII 592 2CSKIMMING ROAD 5� .'fl44 ammo toarwinN ASPEN. COLORADO A, ,.� ..1 0 ,.m� N s= -Ar ri ° u €mR B a° j p � \.. 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