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HomeMy WebLinkAboutLand Use Case.861 Ute Ave.0021.2011.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0021.2011.ASLU PARCEL ID NUMBER 2737 18 2 95 019 PROJECTS ADDRESS 861 UTE AVE PLANNER JESS GARROW CASE DESCRIPTION RES DESIGN REVIEW REPRESENTATIVE DAVID JOHNSTONE ARCHITECT DATE OF FINAL ACTION 8.2.11 CLOSED BY ANGELA SCOREY ON: 8.16.11 -. L .,. .......# 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. Laguna Sierra, LLC, 418 East Cooper #206, Aspen, CO 81611, Property Owner's Name, Mailing Address and telephone number LOT 11, UTE ADDITION, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, 861 Ute Ave, Parcel ID 273718295019 Legal Description and Street Address of Subject Property The applicant has received approval from the Planning and Zoning Commission for a Residential Design Standard Variance to construct a single - family home at 861 Ute Ave. The applicant received a variance from the Secondary Mass requirement. Written Description of the Site Specific Plan and /or Attachment Describing Plan City of Aspen, Planning and Zoning Commission Approval, Approval of Residential Design Standard Variance, Resolution 12, Series of 2011. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) August 14, 2011 Effective Date of Development Order (Same as date of publication of notice of approval.) August 14, 2014 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued thi 2 day of August, 2011, by the City of Aspen Community Development Director. Chris Bendon, Community Development Director AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: pc, ( rite, . L , , Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin ) I ��� . ( e•—• (name, please print) being or representing an Applicant to the City s ' 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. .A Signature The foregoing "Affidavit of Notice" was acknowledged before me this /S day of 4,A.7A5Y ,20 \,by '.. -eke-, U Y l WITNESS MY HAND AND OFFICIAL SEAL {pU „ l • • . 0 , My commission expires: 5 —7 7-70ti if A 14, 2011 • span Times Weekly i M. � t ^n ,' f p 1 TI E �i yf / '„ • ..) Of DIVE ENT APPROVAL , • Notice 1s hreO giv to the general pu blic of the r �,�Y' Notary Public ap of e a f sit e en p o Cr and opety right pur to '' the creation of a vested of t ityy property 9 P of the Eniwele 8, ColoradltReiseed StaWtes ' ee 03'29I2014 Land 24. Art icle 68, ro rt '681 'Sie�i. L � Atet A ning t the ID o 0i v 9d y Residential Dee Ave. tarda d aricfr Se by ATTACHMENTS: Design Standard the Plann Planning and Zoning Commission onpruly 5, by licant received approval on Julyruct a The App OPY OF THE PUBLICATION to r f urt h e r ] oirmatifamilo tact Jessica at arr Ave. Ave For C Iy 01 Aspen ion contact ement Dept the Ciry of Galena a St, Community As n Develop 2 93-2760. S Galena St. Aspen. Colorado 1970) al Ciry al Aspen 14b d i in he Aspen Times Weekly on August RECEPTION#: 5814 07125/2011 at 10:02:49 AM, 1 OF 5, R 531.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Resolution No. 12 (SERIES OF 2011) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A VARIANCE FROM THE SECONDARY MASS RESIDENTIAL DESIGN STANDARD TO CONSTRUCT A SINGLE - FAMILY RESIDENCE AND ATTACHED GARAGE AT 861 UTE AVENUE, CITY OF ASPEN, PITI{IN COUNTY, Parcel No. 2 73 7182 95019 WHEREAS, the Community Development Department received an application from Laguna Sierra, LLC, represented by David Johnston Architects, PC, requesting Variance approval from the Secondary Mass Residential Design Standard for the construction of a single - family residence and attached garage located at 861 Ute Avenue; and, WHEREAS, pursuant to Section 26.410.1), the Aspen Planning and Zoning Commission may approve a Residential Design Standard Variance, during a duly noticed public hearing after considering a recommendation from the Community Development Director; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the Residential Design Standard Variance Review Standards; and, WHEREAS, upon review of the application, the applicable Land Use Code standards, the Community Development Director recommended denial of the Variance from Residential Design Standards — Building Elements, Secondary Mass (Land Use Code Section 26.410.040.B.1); and, WHEREAS, during a duly noticed public hearing on July 5, 2011, the Aspen Planning and Zoning Commission approved Resolution No. 12, Series of 2011, by a five to zero (5 — 0) vote, approving a Residential Design Standard Variance; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds applicable development standard 26.410.020.D.2.a (Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the development the is necessary to determine if the exception is warranted;) and that the approval proposal, with conditions, is consistent with the goals and elements of the Land Use Code and the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1: Pursuant to the procedures and standards set forth hi a arian o from s following in Title f hpe uw l Co de , t Planning and Zoning Commission hereby app Design Standard: • L.U.C. Section 26.410.040.B.1., Building Elements — Secondary Mass (requiring at least 10% of the total square footage of a home to be lock to nita secondary d mass ate linking that is ei completely detached from the primary building, element). A variance is •ranted to .ermit the second. mass •ara.e to be attached to the primary structure (the house) without the use of a linking element. The Planning and Zoning Commission has determined approval shall permit the the review criteria outlined in L.U.C. Section 26.410.020(D)(2)(a). to construct a single - family residence with an attached garage located at 861 Ute Avenue as represented at the public hearing held July 5, 2011 and as illustrated in Exhibit A to this Resolution. Section 2: The building permit application to develop the above- mentioned residence shall include a copy of the final P &Z Resolution. All other requirements to develop a single family residence shall be submitted as part of the building permit application including but not limited to: adopted building and fire codes, relevant standards within the Aspen Municipal Code such as engineering and water system standards, Aspen Consolidated Sanitation District's rules and regulations, etcetera. Section 3: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 0 APPROVED by the Commission at its meeting on July 5, 2011. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: im True, special Counsel Stan Gibbs, Chair ATTEST: r ' / IA a _ e 4 ackie Lothian, D eputy City Clerk List of Exhibits Exhibit A: Site plan (representing approved variance from secondary mass) pY . r :•:t` .e — 1 J ro 4 yr t .. � .�✓ n��r3r r _ . �, k.... t c 11 { `tm _ a n �{ v ur t u O a O d L c C 10 u 7 co co .. .. I. 5 i x -. . ' ---- i+.1 a - c. a 6 r T 3 E` 2 1* tl , s Y _ 3N1 Aln {dGtld _ �_• I {{ yg . 4 S } qq T \W ,.._______.....___ � d � 1 j I 1 ^ 3NI JV OS, ? 1 t i¢ aa', I It 3 t l c e / i I I f ` i \ jfjl , v t _ ,m r x ".' 1 #;R A y e v1 1. I /. n( 1 ill 13 N g - V' —T-11--- d1 i � Y *Oi 1161 >/a x eu I W, _ ___ Y tid 0 i9 LD OD City Planning & Zoning Meeting — Minutes — July 05, 2011 Comments 2 Minutes 2 Conflicts of Interest 2 861 Ute Avenue 2 Miscellaneous Code Amendments 5 Lift One Lodge PUD & Timeshare 5 1 City Planning & Zoning Meetine — Minutes — July 05, 2011 Stan Gibbs opened the regular meeting of the Planning & Zoning Commission, Tuesday July 5 in Sister Cities Meeting Room at 4:30. Cliff Weiss was excused. Commissioners present: Bert Myrin, Jasmine Tygre, LJ Erspamer, Stan Gibbs and Jim DeFrancia. Staff in attendance were: Jim True, Special Counsel; Jessica Garrow, Chris Bendon and Drew Alexander, Community Development; Jackie Lothian, Deputy City Clerk. Comments LJ Erspamer said that he was watching people standing on the roofs for the parade on the 4 and he stated we need railings on these roofs. LJ Erspamer asked don't they have to have a 3 foot fence. Jessica Garrow responded the code requires a 42 inch railing if it is an accessible roof top or any deck that is not on ground level. Jasmine Tygre said that Timeshare regulations and tree removal are of concern because we have 2 instances of which the regulations that are in place are either improperly drafted to get at what we really intended with these regulations or conditions or enforced but we are getting almost the opposite of what was intended. Jasmine Tygre said that she wanted to visit as a general thing in terms of our drafting or the AACP. Jasmine Tygre said that we have to look at the Timeshare regulations to get tourists in beds. Jasmine Tygre said that whenever there is a development plan and there is a tree on the property that tree is gone. Jessica Garrow said that this is a separate issue from the Community Plan; it is a specific issue of dealing with tree removal and the timeshare also. Conflicts of Interest None stated. Minutes MOTION: Bert Myrin moved to approve the minutes from June 7, 2011 seconded by Stan Gibbs, all in favor, APPROVED. MOTION: Bert Myrin moved to approve the minutes from June 14, 2011 seconded by Jasmine Tygre, all in favor, APPROVED. The commissioners wanted to wait on the approval of the June 21 minutes for some corrections and clarifications. PUBLIC HEARING: 861 Ute Avenue — Residential Design Standards Variance Stan Gibbs opened the hearing for 861 Ute Avenue. Jessica °arrow stated the applicant is Laguna Sierra, LLC represented by David Johnston Architects and requested a variance from the secondary mass of the residential design standards. 2 City Planning & Zoning Meeting — Minutes — July 05, 2011 Jessica Garrow stated the Planning & Zoning Commission is the final review on this and must find either or both criteria that the proposal provides an appropriate design given the neighborhood context or is clearly necessary due to site specific constraints. Jessica Garrow said that you do not have to find that they meet both; they just need to meet one criterion to grant the variance. Staff does not believe that the proposal meets either of the standards. Jessica Garrow provided a little background that a previous owner in 2007 decided to demolish the existing single family home and were going to build a home with a variance request from one of the garage standards; at that time the owner redesigned the project to meet the code. In January of this year (2011) the current owner purchased the property so they hired David Johnston to make some minor design changes and they are now requesting a variance from secondary mass. The secondary mass requires that 10% of the structure be separate from the primary house; it can be connected by a small linking element but it does need to be separate and have that small linking element. Jessica Garrow noted the current design was on the screen (power point and page 3 of the staff memo) includes a linking element which is highlighted in orange. The secondary mass for the project is the garage and is connected by a small linking element. Jessica Garrow said that notice was provided and she had a few returned letters /envelopes that were not deliverable. Jim True stated that the mailing list was not provided but if it was provided within 24 hours then the application would be complete. David Johnston's office brought the mailing list on Wednesday, July 6, 2011. The power point presentation was Applicant Exhibit #1. Bert Myrin asked if the last sentence on page 2 of the staff memo was an accurate description of the secondary mass. Jessica Garrow replied that is from the code and specifically this secondary mass falls under the building form section; there is no alley for this lot. Jessica Garrow said it was a pretty eclectic neighborhood with single family, multi - family, and office uses. Adam Roy said he was a planner with David Johnston Architects and he was joined by David Johnston. Adam Roy utilized power point to show the location of the property and the image of the building, which is just before the Aspen Alps entry drive on the south side of Ute Avenue. Adam Roy said what they were asking for was to slide that mass of the garage back so it is contiguous with the structure; he showed the 5 foot void, the primary mass of the structure and there was a fairly heavy tree wall. Adam Roy said by shifting the garage back they are achieving closer to 15 feet from the front of the residence, which meets the code 3 City Planning & Zoning Meeting — Minutes — July 05, 2011 recessing the garage from the front street line. Stan Gibbs asked if this was the current design because it doesn't match what is in the packet; the void goes considerably further so which is what we have in terms of design. David Johnston replied that was the earlier version and they separated the garage. Stan Gibbs said that he did not see this particular floor plan on the application and how you have implemented and what is implemented behind it, interior. David Johnston replied it was still a mudroom area. Jim DeFrancia asked what is being varied. Jessica Garrow replied it was the void space, that 5 foot setback between the southern wall of the garage and the main house. Bert Myrin said on page 4 of the staff memo "b" seems like it would be very difficult overcome. No public comments. Jim DeFrancia said this relates to site specific constraints and there are a number of others in the neighborhood that have garages in the front and he didn't see this as detrimental to the character and quality of the neighborhood. Bert Myrin said that fairness requires a site specific constraint under "a ". Jim DeFrancia said that his sense of it was there is an element of fairness in having the property comply. Bert Myrin said that requires site specific constraint. Stan Gibbs said from a perspective of fairness he was more concerned with looking forward than looking back; these things were already there and down the road if we had to make a judgment based upon this particular in the future we want to be fair to those people realizing that doesn't necessarily establish precedent but want to be consistent and want to be fair. Jasmine Tygre said that the applicant's requested variance pushing the garage further back from Ute Avenue, which is where most people are going to see this building from foot traffic and this first story element, the garage, is more in keeping with the residential design standards than the void space which is really impractical. Jasmine Tygre agreed that "a" is the appropriate judgment standard for this particular project and this variation provides a better solution to secondary mass requirement of the residential design standards. LJ Erspamer said that one wall left blank would be less energy efficient than this and he will support this. Stan Gibbs said the design standard is well satisfied. LJ Erspamer stated there was no alley. MOTION: Jim DeFrancia moved to approve Resolution #12, series 2011 approving a variance request from secondary mass requirement from the 4 L City Planning & Zoning Meeting Minutes — July 05, 2011 residential design standards to construct a single family residence located at 861 Ute Avenue, finding that standard "a" has been met. Seconded by LJ Erspamer; roll call vote: Myrin, yes; Tygre, yes; Erspamer, yes; DeFrancia, yes; Gibbs, yes. All in favor APPROVED 5 -0. PUBLIC HEARING: Miscellaneous Code Amendments Stan Gibbs opened the public hearing for Miscellaneous Code Amendments. MOTION: Jim DeFrancia moved to continue the Miscellaneous Code Amendments to July 10, seconded by Jasmine Tygre. All in favor, APPROVED. CONTINUED PUBLIC HEARING: Lift One Lodge PUD & Timeshare Stan Gibbs opened the continued public hearing Lift One Lodge PUD and Timeshare continued from June 21 Chris Bendon noted they had a site visit earlier with P &Z members (Stan, Bert and LJ) to look at a spruce tree at the corner of Gilbert and South Aspen Street. Chris Bendon said the tree used to be right adjacent to the Holland House building and you can still see the outline of the Holland House in the tree so the commission wanted to see that. Chris Bendon said that Bert asked if the tree was healthy and Brian Flynn from Parks responded yes and the tree was enjoying the lack of the Holland House and there was some new growth on that side of the tree. Chris Bendon said they also looked at the property boundary to east so adjacent to the Skiers Chalet Lodge and the townhomes to the east. Chris Bendon said at the last meeting they spoke about the height of the proposal, specifics, diagrams, responses to questions asked previously, review of the DRC comments and staff review out of the criteria and staff made a recommendation of approval with conditions to be in a resolution that has been drafted. There were answers to additional questions that we had last time and Exhibit I, which is additional detail on heights. Chris Bendon said there was additional information on fractional occupancy practices here and Drew will cover that portion. There was a draft resolution in the packet. Bert Myrin said on page 4 on the car to go question; what is the duration on the developer paying. Chris Bendon replied it was a 5 year commitment. Bert Myrin said page 5 how does the 2000 square foot addition act with the PUD process. Chris Bendon stated that you have to look at the code under which the application was submitted. Bert Myrin asked if you consider these lessons that have been 5 0 "1035* 1 MEMORANDUM To: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Director FROM: Jessica Garrow, Long Range Planner c rtiVI RE: 861 Ute Ave - Residential Design Standards Variance, - Public Hearing DATE: July 5, 2011 APPLICANT /OWNER: Photo of Sulcect Pro i e Laguna Sierra, LLC r REPRESENTATIVE: 'i `� � < �` ; ` • David Johnston, David It \ Johnston Architects PC' 0 LOCATION: a Lot 11, Ute Addition to the 4: ,- �' - City and Townsite of Aspen. . " ' ' The property is located on �. '7 . ' ` the corner of Ute Avenue and . South Alps Road. CURRENT ZONING: : i , R -6 PUD, Medium Density i i� Residential with a Planned Unit Development overlay SUMMARY: r The Applicant requests a { r ` ` , :. :• , ; variance from the Secondary Mass Residential Design ' w ' `' Standard. i ; 4 . 4. STAFF RECOMMENDATION: ) � ,,` 1 , l 1:13 Staff recommends denial of the requested Residential • + j Design Standard Variance. Sout r , 1 Alps - _ tite Ave 0 0 LAND USE REQUESTS: The Applicant is currently constructing a new single - family residence at 861 Ute Avenue. The current building plan meets all the Residential Design Standards, but the new owner would like to request a variance from the Secondary Mass requirement, as outlined below: • Variance approval from the Residential Design Standards pursuant to L.U.C. Section 26.410.020.D, Variances. The applicant is requesting variances from L.U.C. Section 26.410.040.B.1, Building Form, Secondary Mass (requires 10% of a building mass to be located in a detached structure, or attached with a subordinate linking element). The Planning and Zoning Commission is the final review authority. REVIEW PROCEDURE: A variance from the Residential Design Standards shall be approved, approved with conditions, or denied after review and consideration during a duly noticed public hearing by the Planning and Zoning Commission under L.U.C. Sections: 26.410.020 D. Variances. PROJECT SUMMARY: The Applicant is requesting a variance from the Secondary Mass requirement for a new single - family home. In January of 2007, the previous homeowner decided to demolish the existing structure and build a new single - family home on the property. As part of their design, the owner requested two (2) Residential Design Standard Variances — one from Secondary Mass and the other from the garage width standard (26.410.040.C.2.a requires the living area to be five feet greater in width than the garage). The owner requested Administrative variances, which were denied by the Community Development Department'. The owner decided to redesign the project rather than appeal the decision. The original home design was submitted for building permit in the fall of 2007, and a permit was received in January of 2011. The current owner purchased the property in January 2011, and hired David Johnston Architects, PC to make some modifications to the design. While the current property owners have a valid and active building permit for a new single - family home, they are requesting a variance from the Secondary Mass requirement. STAFF ANALYSIS: RESIDENTIAL DESIGN STANDARD VARIANCES: All new structures in the City of Aspen are required to meet the residential design standards or obtain a variance from the standards pursuant to Land Use Code Section 26.410, Residential Design Standards. The purpose of the standards "is to preserve established neighborhood scale and character....ensure that neighborhoods are public places....that each home...contribute to the streetscape." The proposal has been designed to meet the majority of the design standards, and the approved building permit meets all the residential design standards. The requested variance is to the Secondary Mass requirement. The Applicant's Secondary Mass is their garage, which A copy of the 2007 variance request is attached as Exhibit C. No formal denial was issued by the Community Development Department, as the applicant decided to end the application after learning that staff was not going grant the requests. g g g c 0 under the R -6 zone district is considered an accessory building. Accessory buildings must be at least five (5) feet from the primary structure. A secondary mass may be connected to the primary structure by a linking element that is no more than ten feet in length and width and with a plate height of no more than nine feet. Below is a plan drawing of the approved building plans with the five foot distance. The blue area is the main house, the red is the garage, or secondary mass, and the orange is the linking element. This plan meets the Residential Design Standards because of the five -foot "void space" between the main house and the secondary mass. I Secondary Mass Main House (Primary Structure) (Accessory Structure) d &LAna.d DIa U T . ' I.inkinu Element 5 ° 9. -� ?- 5 a A - c U v E U South Alps Road (Private Road) , Below is a rendering from the Application illustrating the "void space" as seen by someone walking or driving east on Ute Avenue. The "void space" is located behind the secondary mass, so it is not entirely visible from the street. The top drawing illustrates the approved building permit, with the five foot "void space." The bottom drawing represents the requested variance without the required "void space." This drawing is also in the Application as Exhibit 13. • • •, , :•,�h With "void space" • • 'Area of focus .t' !te 4. Without space" , L= yr = _ r r There are two review standards that the applicant is required to meet if the Commission is to grant a variance from the standard, Section 26.410.020 (D)(2): a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site - specific constraints. Staff Finding: Staff does not believe the requested variance meets the variance criteria. The Ute Avenue neighborhood include diverse building types, including The Gant, single family homes in the 1010 Ute PUD, the Benedict Office Building, the Tenth Mountain Division affordable housing, and the Aspen Club and Spa. Staff believes that the diverse buildings contribute to the character of the neighborhood, but do not include a specific context that necessitates a variance from the standard. In addition, staff does not believe there are any unusual site - specific constraints that warrant the variance. The lot is approximately 5,200 square feet in size. The current design meets the letter and intent of the code. STAFF RECOMMENDATION: In reviewing the proposal, Staff believes that the request does not meet the variance review standards that are set forth in Land Use Code Section 26.410.040 D, Variances. Staff recommends a denial of the request. RECOMMENDED MOTION (ALL MOTIONS ARE IN THE AFFIRMATIVE): "I move to approve Resolution No. 11. , Series of 2011, approving a variance request from the Secondary Mass requirement of the Residential Design Standards to construct a single - family residence located at 861 Ute Ave." ATTACHMENTS Exhibit A: Staff Findings Exhibit B: Application Exhibit C: 2007 Variance Application Resolution No. _ (SERIES OF 2011) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A VARIANCE FROM THE SECONDARY MASS RESIDENTIAL DESIGN STANDARD TO CONSTRUCT A SINGLE - FAMILY RESIDENCE AND ATTACHED GARAGE AT 861 UTE AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. WHEREAS, the Community Development Department received an application from Laguna Sierra, LLC, represented by David Johnston Architects, PC, requesting Variance approval from the Secondary Mass Residential Design Standard for the construction of a single - family residence and attached garage located at 861 Ute Avenue; and, • WHEREAS, pursuant to Section 26.410.D, the Aspen Planning and Zoning Commission may approve a Residential Design Standard Variance, during a duly noticed public hearing after considering a recommendation from the Community Development Director; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the Residential Design Standard Variance Review Standards; and, WHEREAS, upon review of the application, the applicable Land Use Code standards, the Community Development Director recommended denial of the Variance from Residential Design Standards — Building Elements, Secondary Mass (Land Use Code Section 26.410.040.B.1); and, WHEREAS, during a duly noticed public hearing on July 5, 2011, the Aspen Planning and Zoning Commission approved Resolution No. , Series of 2011, by a to ( — vote, approving a Residential Design Standard Variance; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Land Use Code and the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves a variance from the following Residential Design Standard: • L.U.C. Section 26.410.040.B.1., Building Elements — Secondary Mass (requiring at least 10% of the total square footage of a home to be located in a secondary mass that is completely detached from the primary building, or linked to it by a subordinate linking element). A variance is granted to permit the secondary mass (garage) to be attached to the primary structure (the house) without the use of a linking element. The Planning and Zoning Commission has determined the variance request meets the review criteria outlined in L.U.C. Section 26.410.020(D)(2). This approval shall permit the Applicant to construct a single - family residence with an attached garage located at 861 Ute Avenue as represented at the public hearing held July 5, 2011. Section 2: The building permit application to develop the above - mentioned residence shall include a copy of the final P &Z Resolution. All other requirements to develop a single family residence shall be submitted as part of the building permit application including but not limited to: adopted building and fire codes, relevant standards within the Aspen Municipal Code such as engineering and water system standards, Aspen Consolidated Sanitation District's rules and regulations, etcetera. Section 3: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. APPROVED by the Commission at its meeting on July 5, 2011. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Jim True, special Counsel Stan Gibbs, Chair ATTEST: Jackie Lothian, Deputy City Clerk List of Exhibits Exhibit A: Site plan (representing approved variance from secondary mass) Exhibit A: Staff Findings Section 26.410.020 (D)(2): Residential Design Standard Variances a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site - specific constraints. Staff Finding. Staff does not believe the requested variance meets the variance criteria. The Ute Avenue neighborhood include diverse building types, including The Gant, single family homes in the 1010 Ute PUD, the Benedict Office Building. the Tenth Mountain Division affordable housing, and the Aspen Club and Spa. Staff believes that the diverse buildings contribute to the character of the neighborhood, but do not include a specific context that necessitates a variance from the standard. In addition, staff does not believe there are any unusual site - specific constraints that warrant the variance. The lot is approximately 5,200 square feet in size. The current design meets the letter and intent of the code. Staff finds that the review criteria are not met. txhibi+ C� /Jain GRETCHEN GREENWOOD & ASSOCIATES, INC. .ak I!!) ARCHITECTURE • INTERIOR DESIGN • PLANNING k nom LIIIN ADMINISTRATIVE VARIANCE FOR THE RESIDENTIAL DESIGN STANDARDS 7. Wntten Descnption of the Proposal and how the development complies with the Residential Design Standards This application seeks an administrative review for two of the individual requirements of the Residential Design Standards Due to unusual site specifics. BACKGROUND Lot I 1 Ute Addition, (86 Ute Avenue) is a lot bordered on the North by Ute Avenue, to the West by the Black Swan Condominiums and to the East and South by pnvate property owned by the Aspen Alps Condominiums. Adjacent to the east property line of Lot 1 1, sits private property owned by the Aspen Alps Condominium Association and further to the east is the Aspen Alps Road (a private road). This is shown on the condominium map enclosed in this application. Lot 11 currently has a house of 2,193 Sq.Ft. with dnveway access off of Ute Avenue. The development plan is to demolish the residence and build a single family 2,966 Sq.Ft. residence with the same access off Ute Avenue. • VARIANCE REQUESTS This application seeks an administrative review for two of the individual requirements of the Residential Design Standards based on the development context as stated in 26.410.020(D) I a. 4 b. Due to unusual site specific conditions. I . A vanances for the Residential Design Standard 26.410.040 (5) I Secondary Mass: Required access for this Lot 1 I is currently off Ute Avenue, due to pnvate property bordenng the south, east and west sides of the lot. The Aspen Alps Condominium Association owns land bordenng the east and south sides of Lot I I . The Aspen Alps Road (a pnvate road) sits further to the east of Lot I I and provides access to the Aspen Alps condominiums. This road is pnvate and due to the private property bordenng Lot II on the east, access for Lot 1 I from the east property line is not allowed. To the south of Lot I 1 , the property is owned as well by the Aspen Alps, and there is no road or alley allowing access to Lot 1 I from the south. The west side of the property borders the Black Swan Condominium Association and access to the property is not allowed from that pnvate property as well. 520 WALNUT STREET • ASPEN, COLORADO 81611 • TEL: 970/925 -4502 • FAX: 9 701925-7490 • ggreenwood @ggaaspen.com Page 2 Therefore, the front yard of the proposed house abng with the garage access is proposed to remain, as rt always has been, off Ute Avenue. In order to minimize the presence of a garage from the Lite Avenue streetscape, the proposed design recesses the garage 26' -0" back from the property line, and 40' -0' back from the edge of the asphalt of the street. Because the only access to the garage and the front door of the residence is from Lite Avenue, this proposed design puts the facade under the house creating a positive streetscape from Ute Avenue. The garage meets the cntena of 10'-as feet back from the front of the budding, shielding the garage facade from Ute Avenue approaching from the east and west. With the garage recessed, this design allows the entry of the house to be a dominant element and further shields the garage facade from the streetscape. The recessed garage does not allow for a semi detached garage secondary mass form to be constructed on the property. If a secondary garage mass was developed, as shown in the Residential Design Standards, it would have to sit 10 ' -0" off of Ute Avenue, creating a negative streetscape for pedestrians and vehicles as the garage doors would be very visible. Although not required, the recessed garage allows for addrbonal parking for the residence of 2 more vehicles over and above the 2 parking spaces required. Ute Avenue is a desirable area for parking for skiers, employees, etc. and 2 additional off street parking spaces would be an asset for the neighborhood. Therefore, by having to access the lot off of Ute Ave. and recessing the garage without creating a secondary mass for the garage provides a positive and better streetscape, more open space on Ute Ave. and meets the intent of the Residential Design Standards. 2. A vanance for the Residential Design Standard 26.4 1 0.040 (C) 2.a. Lot I 1 is a substandard size lot at 50' -0" x 100' -0". The 50 foot dimension is the north property line that borders Ute Avenue. With the required access for Lot 1 I off Lite Avenue, and the width of the Lot being 50 feet, the proposed 22' 0" width of the recessed garage does not allow the standard regarding that the living room of the first floor be 5' -0" greater than the width of the garage. With the second floor of the residence, this standard is met, as the second floor of the residence sits above the recessed garage. Another part of this standard is met, by the garage facade recessed 10' -0" back from the front facade of the house and 1 -0" from the front of the one story element/porch. Page 3 Due to the substandard lot sae and required access, the combination of these two vanances work to meet the intent of the Residential Design Standards, by creating a streetscape that is more desirable for the pedestnan. Section 26.410.010 (A) of the code state the purpose of the design standards is to preserve established neighborhood scale and character' With the house and garage sitting between the Black Swan Condominiums and the Aspen Alps Tennis Courts, we believe that the design as proposed fits the neighborhood scale and character. All other residential design standards for the residence are met. h L1.1 V/ w I- Q U W 2 Q Q Z o LI LI DC a ~ y W Q o o o Z Q z � q — . LJJ — o i r ' LLJ ! i i _i l L. . . _ ___ a r y .. � - ue Y' _Y 1 i i 7 . . ■ / 1 v 0 0 in z w Q F r ' 0% ' ' 4-: -44,ciir ._ , „.., ... ... 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Iii , _....,., . .._. _ _ , e • : ..!, i • _ \ . f J - r f _ '1' ice -,-. 4 \ 1:41 . - 0 0 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERT //9 , Aspen, CO SCHEDULED PUBLIC HEARING DATE: c h .� AI s Q !t: 30prn ZLto ,20 /t STAT E OF COLORADO ) ) ss. County of Pitkin )) 1, & eLh 3Ccr [ £. t1 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that 1 have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: P ub lication of notice: B y the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty -two (22) inches wide and twenty -six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto (Continued on next page) .0". /^e 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. ......Cl- Signature �� The foregoing "Affidavit of Notice" was acknowledged before me this )Z2day of _J - yt-e -- , 20A, by 2 k `c e.4ct Sc-o rte- 1 . WBIJC NOTICE RE; 661 UTE A E RESNNDJIIAL DESIGN STANADRD VA E S LAND USE REQUEST NOTICE ISHEREB GI Mat a public hearing WITNESS MY HAND AND OFFICIAL SEAL will be held on T , July 5, 2011, at a meeting Io remit 4 :30 p . afore the Aspen Plannin an Zoningg Corn on, Sisters City Room, Cit Hall, 130 S. Gal 8 SL, Aspen, to consider an application submitted by Laguna Sierra LLC, M onission expires: .5-29' - 2r�tc( represented by David Johnston Architects PC, for 861 Ute Avenue, Aspen, CO 81611. The applicant / nu ' 1 s requesting a va sp edbca il f l ro the condary Mass Resi ential Design Standgrds, le Se / Standard (26.410.010.B.1). The properly is legally — III 11 4 described as: Lot 11, Ute Addition to the City and -'s . Townsite 0t Aspen, City Aspen, County of Plt ki n , Colora 6,6,1. otary Public .,gip tY PV ` information, contact Jeseloa Garrow at .. ®i a �a�. / 1 For further info the City of Aspe Commu Develo • • • SO l l Deppaartment, FAIT Galena 5t As C O, (970) 429.2780, pysIca.narrowOCi.eaDen 00.us. t.JNDA M. sl Stan Gibbs, Chair I 4 " MANNING t Aspen Planning and Zoning Commission 1 1 + `t Published in the Aspen Times Weekly on June 19, 11 t ' 04 r 2011. (66482531 t -r ' ...... - ATTACHMENTS AS APPLICABLE: t, of COL W cur ur rtiE PUBLICATION * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) My Commission Espies C.29/2014 * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL * 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: C.)c) ) U AVE R -x.1P , Aspen, CO SCHEDULED PUBLIC HEARING DATE: J'Uvx 5113 ,2041 STATE OF COLORADO ) ) ss. County of Pitkin ) I, DAY \n c \4w5Tb 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) days prior to the public hearing and was continuously visible from the I Nay of _ )O-.. 20111 , to and including the date and time of the public hearing. A photograph of the posted I 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. RECE IVE D (continued on next page) JUN 302011 CITY OF ASPEN COMMUNITY DEVELOPMENT Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledg$ before me this " i ay of TvTv, , , , 20$ f, by at U lrA . �olnyl5 Ire)r �- ...... , 86 ,. /4 WITNESS MY HAND AND OFFICIAL SEAL i t t oOTAR P` mmission expires: (13/3/6 I g • PUMA ,• Public Sie213 Pcspeft t Cid • 871( ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24- 65.5 -103.3 Q 0 861 Ute Avenue - Photograph of Posted Notice Are 4 JOHN OLSON - BOWDEN DEVELOPMENT 9 2 3 4 2 3 3 Owners Iepresaiuiiwes Pnled Managers D. l_'. Li SWUM 1mC . SfAafS' K •[�' - w • ,'1 -iThQ �t gym•• lE' tt } C T ypv. icl c_ld j is 2011 247 ENTERPRISE LLC 6020 OSBORN PROPERTIES LTD 679534 ONTARIO LTD 49 BELLEVUE PL 3706 SUNSET 130 ADELAIDE ST W #3302 SEA BRIGHT, NJ 07760 HOUSTON, TX 77005 TORONTO ONTARIO CANADA M5H3P5, AGER REALTY LLC AGUA FRIA PROPERTIES LLC AJAX SLOPESIDE LLC 2800 ISLAND BLVD #2305 460 ST MICHAELS DR BLDG 300 240 RAMSAY RD ADVENTURA, FL 33160 SANTA FE, NM 87505 DEERFIELD, IL 60015 -3438 APPELQUIST THOMAS W TRUSTEE 50% AREP CLARENDON 13 LLC ARNETT DAVID & BETTE 400 LIVINGSTON ST C/O JOSH MONDRY 5333 N CAMINO REAL NEW HAVEN, CT 06511 PO BOX 1546 TUCSON, AZ 85718 ASPEN, CO 81612 ASPEN ALPS 123 LLC ASPEN ALPS CONDO ASSOC ASPEN VIEW LTD 22 ALICE LN PO BOX 1128 100 S MAIN AVE #300 ASPEN, CO 81611 ASPEN, CO 81612 SIDNEY, OH 45365 AUHLL 2010 TRUST BAECHLE JAMES & CHRISTINE BAYLDON BARBARA W TRUSTEE 50% 546 MIRAMONTE DR 156 HORSESHOE RD 647 W BARRY AVE SANTA BARBARA, CA 93101 MILL NECK, NY 11765 CHICAGO, IL 60657-4504 BECK CYNTHIA BECNEL DANIEL E JR & MARY HOTARD BEEM CORPORATION 728 N BUNKER HILL AVE PO DRAWER H 1201 CURRIE AVE LOS ANGELES, CA 90012 RESERVE, LA 70084 MINNEAPOLIS, MN 55403 BESHARAT GERALDINE BILLINGS PRENTICE BOYD BITTEL JUDITH R 50% PO BOX 1. 20 ASPEN MOUNTAIN RD 801 ARTHUR GODFREY RD STE 600 ELBERTON, GA 30635 ASPEN, CO 81611 MIAMI BEACH, FL 33140 -3323 BITTEL STEPHEN H 50% BLACK SWAN UNIT D LLC BLAUSTAT 202 LLC C/O CARISSA PEREIRA 4125 BRAJANZA ST 1125 PARK AVE #6D COCONUT GROVE, FL 33133 115 MCARTHUR RIDGE CT NEW YORK, NY 10128 NASHVILLE, TN 37220 BLOCK JOEL A TRUSTEE 50% BORNEFELD BRUCE K 1/3 INT BOTT ALLEN D 647 W BARRY AVE 2752 LA STRANDA GRANDE HTS 1672 POPLAR DR CHICAGO, IL 60657-4504 COLORADO SPRINGS, CO 80906 WALNUT CREEK, CA 94595 BOTTCHER KIRSTEN BOWERS ANN S TRUST BRENER DANIEL M & SHARON G 52 HESS AVE 237 COLERIDGE AVE 5202 POCAHONTAS GOLDEN, CO 80401 PALO ALTO, CA 94301 -3522 BELLAIR, TX 77401 CABANISS WILLIAM J QUAL RES TRUST CARMAN PETER CH INTERESTS LLC 3812 FOREST GLEN DR 700 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94941 GRAND JUNCTION, CO 81506 DEPALMA JOHN R DESTIN CO DEVORE KARINJO 710 W WILSON AVE 217 PALOS VERDES BLVD #239 PO BOX 03 GLENDALE, CA 91206 REDONDO BEACH, CA 90277 ASPEN, CO 81612 DIAMOND NATHAN DILLARD WILLIAM T II & MARY A ELIAS BARBARA A 5465 BANYAN TRAIL C/O DILLARD DEPT STORES INC 0451 STAGECOACH LN MIAMI, FL 33156 PO BOX 486 CARBONDALE, CO 81623 LITTLE ROCK, AR 72203 -0486 EPSTEIN ASPEN TRUST FABER KATHERINE T FAVROT CAFFREY 50% INT 1900 RITTENHOUSE SQ #8A 928 OAKWOOD AVE 124 CHARLESTON PK PHILADELPHIA, PA 19103 WILMETTE, IL 60091 METAIRIE, LA 70005 FIDELITAS HOLDING CO LTD FIGI J TODD REV TRUST FONVIELLE HENRYS & LEE 30 CARTIER ST C/0 JT FIGI ENTERPRISES 305 LLOYDS LN OTTAWA ONTARIO PO BOX 1668 ALEXANDRIA, VA 22302 CANADA K2P2E7, LA JOLLA, CA 92038 0 FORD SIMON JOHN HUBIRD & JULIE FOSSIER MIKE W REV TRUST FRIEDMAN RICHARD L DERKS 7 WAINWRIGHT RD #88 20 UNIVERSITY RD 700 LYNCOTT WINCHESTER, MA 01890 CAMBRIDGE, MA 02138 -5756 NORTH MUSKEGON, MI 49445 FRY LLOYD EDWARD FRYKLUND 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530 NORTHFIELD, IL 600931216 RAINEY J WALKER & GILLIAN RAMSEY STACIE A RAPPAPORT FAMILY PARTNERS LTD 2 PALMERSTON VILLAS 39 CANTERBURY RD PO BOX 127 RATHMINES MADISON, NJ 07940 TIBURON, CA 94920 DUBLIN 6 IRELAND, REICH DANIEL S TRUST 25% INT REICH MELVIN L TRUST RICE MARGARET A 999 N TUSTIN AVE #216 4609 SEASHORE DR 13912 FLINT SANTA ANA, CA 92705 NEWPORT BEACH, CA 92663 OVERLAND PARK, KS 66221 RICHTER VALERIE A TRUSTEE RIDDELL BRALEY LLC ROBINSON MARY ALICE BURKE 6214 N 34TH ST 2900 WESLAYAN RD STE 500 501 S LA POSADA CIR #358 PARADISE VALLEY, AZ 85253 HOUSTON, TX 77027 GREEN VALLEY, AZ 85614 ROSE FAMILY TRUST ROSENBAUM THOMAS F ROSENBERG HENRY A & DOROTHY 240 S BRISTOL AVE 928 OAKWOOD AVE VALUTREE REAL ESTATE SERVICES LOS ANGELES, CA 90049 WILMETTE, IL 60091 LLC, TAX SERVICE DIVISON PO BOX 85188 RICHMOND, VA 232855188 ` X ROTH WALTER TRUSTEE RULY HOLDINGS PTY LTD SANDERS RICHARD & JOANNE C/O D ANCONA & PFLAUM C/O LANG WALKER 8 PARKWAY DR 111 E WACKER DR STE 2800 PO BOX 2964 ENGLEWOOD, CO 80110 CHICAGO, IL 60601 ASPEN, CO 81612 SANDITEN EDWARD STANLEY SCHAFFER REALTY HOLDINGS II LLC SCHALDACH NANCY PO BOX 11566 C/O LESLIE SCHAFFER 799 CRANDON BLVD APT 801 ASPEN, CO 81612 161 E CHICAGO AVE #36E KEY BISCAYNE, FL 33149 -2555 CHICAGO, IL 60611 SCHARLIN HOWARD R & GLORIA G SCHIRMER LESLIE M SCHNEIDER ROBERT C 10 EDGEWATER DR APT 4A 4100 E QUINCY AVE 3003 S ONG ST CORAL GABLES, FL 33133 -6962 ENGLEWOOD, CO 80113 AMARILLO, TX 79109 SCHRAMM SCOTT C & DENISE M SCHWARZ REV TRUST SCHWEPPE DAVID P & VALERIE G REV TRUST 150 NASSAU ST #20C 860 ARDEN RD 8435 NW 43RD LN NEW YORK, NY 10038 PASADENA, CA 91106 OCALA, FL 34482 SCOTT JOSEPH A SEAMAN SAUNDRA L SEIDMAN DOV LIVING TRUST PO BOX 5941 8505 ARLINGTON BLVD #210 320 WEST 78TH ST DENVER, CO 80217 FAIRFAX, VA 22031 NEW YORK, NY 10024 SEIFERT COLORADO TRUST SEWELL BEVERLY JEAN & RALPH SHAPIRO CYNTHIA R TRUST 2421 HAMILTON DR BYRON 5704 DEVILLE DR AMES, IA 50014 884 QUAIL RUN DR EDINA, MN 55436 GRAND JUNCTION, CO 81505 -8608 SHIRK JAMES A & LINDA S SHODEEN ASPEN - DELAVAN LLC SHULMAN ROBERT A PO BOX 1549 17 N FIRST ST 132 NASSAU ST #812 BLOOMINGTON, IL 61702 GENEVA, IL 60134 NEW YORK, NY 10038 SIEGEL LOIS H QPRT SILTON MARTIN H & RITA PICKER SILVERMAN MARK J & NANCY C 3 GROVE ISLE DR #1109 PO BOX 140 7404 BROOKVILLE RD MIAMI, FL 33133 BONDVILLE, VT 05340 CHEVY CHASE, MD 20815 SIMON DONNA REV TRUST SIMPKINS B DOUGLAS & JOHNETTE SIMUNOVICH JOHN & BRIGID COLETT- 1294 ROCKRIMMON RD TETLOW PO BOX 47 STAMFORD, CT 06903 2921 AVALON PL DROGHEDA IRELAND CO LOUTH, HOUSTON, TX 77019 SINAI ALLEN SMALL RESTON LLC SMART EDWIN J 16 HOLMES RD 7311 ARROWOOD RD 2009 MARKET ST LEXINGTON, MA 02173 BETHESDA, MA 20817 DENVER, CO 80205 -2022 SNYDER JAMES DANIEL & LINDA RAE SOLOMON MARC F & AUDREY B SPALDING SHELLEY 1225 BRAEBURN 9313 RAPLEY PRESERVE DR P.O. BOX 9564 FLOSSMORE, IL 60422 POTOMAC, MD 20854 ASPEN, CO 81612 SPENCER DAVID B STEEL ROBERT & GILLIAN STEWART INFORMATION SERVICES 1217 ROYAL ST #1 71 MAYFAIR LN CORP NEW ORLEANS, LA 70116 GREENWICH, CT 06831 PO BOX 936 TAYLORSVILLE, NC 28681 STEWART SAMUEL & JACQUELINE 50% STOPEK RICHARD E & JULIE TAGUE PETER & CHERYL 124 CHARLESTON PK 6311 VIA VENETIA NORTH 7 PARK AVE TER METAIRIE, LA 70005 DELRAY BEACH, FL 33484 BRONXVILLE, NY 10708 TATEM H RANDOLPH III & SUE BINKLEY TAWGIN JOHN S TOBEY ROBERT W PO BOX 12373 129 SEA GIRT AVE 41 CHERRY HILLS FARM DR ASPEN, CO 81612 MANASQUAN, NJ 08736 ENGLEWOOD, CO 80110 -7113 UKENA THOMAS E VANTILBURG JOHANNES & JOANNE WAGNER GANT PROPERTIES LLC 26 CATHERINE DR 1738 BERKELEY ST 3480 MIDDLEBELT RD NORTHBOROUGH, MA 01532 SANTA MONICA, CA 90404 WEST BLOOMFIELD, MI 48323 WATCHMAKER LINDA L 95% WATERS MICHAEL A & ADELAIDE ANN WEINBERG JUDD A TRUST 4527 BRUCE AVE PO BOX 8237 21 S CLARK ST #3140 MINNEAPOLIS, MN 55424 -1122 ASPEN, CO 81612 CHICAGO, IL 60603 WEKSTEIN TRUST WERNST INC WHITAKER PATRICIA D TRUST 100 BELVIDERE ST UNIT 9A 5141 GLENWOOD POINTE LN NE 236 LINDEN AV BOSTON, MA 02199 ALBUQUERQUE, NM 87111 ST LOUIS, MO 63105 WILKERSON WILLIAM REV TRUST WILSON MICHAEL WINKLER REV TRST 321 SUNSET DR #3 8 ELM ST 840 LOMA VISTA DR FT LAUDERDALE, FL 33301 MARBLEHEAD, MA 01945 BEVERLY HILLS, CA 90210 WINTER RUTH F TRUSTEE WOODWARD TERRY TRUST ZACHARY MARC 175 E DELAWARE PL APT 8404 3662 BRIDGEPOINTE STURM MELANIE CHICAGO, IL 60616 OWENSBORO, KY 42303 PO BOX 410 ASPEN, CO 81612 ZEFF RICHARD L TRUST ZOLET THERESA & DAVID 14 EVERGREEN WAY 17 PADDOCK CT STRATHAM, NH 03885 POTOMAC, MD 20854 PUBLIC NOTICE RE: 861 UTE AVENUE RESIDENTIAL DESIGN STANDARD VARIANCES LAND USE REQUEST NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, July 5, 2011, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sisters City Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Laguna Sierra LLC, represented by David Johnston Architects PC, for 861 Ute Avenue, Aspen, CO 81611. The applicant is requesting a variance from the Residential Design Standards, specifically the Secondary Mass Standard (26.410.010.B.1). The property is legally described as: Lot 11, Ute Addition to the City and Townsite of Aspen, City Aspen, County of Pitkin, Colorado, 81611. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2780, jessica.garrow @ci.aspen.co.us. s /Stan Gibbs, Chair Aspen Planning and Zoning Commission I, _ __ _. City of Aspen Community Development Dept. i - ' r M 130 S. Galena Street, 3rd Floor 1 j Y •- 9 � Aspen, CO 81611 A, m .-2 --- N 1 7� �. � ... Plt �dlb'ES " mow -...: :�.. M x• 02 1P $ 000.44° 4 0002859851 JUN 17 2011 +'1 +•• MAILEDFROMZiP 000E516 I1 City of Aspen Community Development Dept. 130 S. Galena Street, 3rd Floor Aspen, CO 81611 81611$/902 C001 Il11l,.,1ll,ll II.,,II... III ,i.,II,,..,I.I,.II,II.,,I.,l.l I I City of Aspen « , Community Development Dept. PM 'a ' _ tr -- 130 S. Galena Street, 3rd Floor Aspen, CO 81611 1 K r ,„ I'� � rr '�w∎ `y J N: 4'110 • *-- � BOWES .' . t.. . }, P " 02 ,P SIIa6.44 - -- ;:T 0002859351 JUN 17 2011 - . MAILED FROM ZIP CODE 81611 PRESNALL BETTY 1/3 INT 2752 LA STRANDA GRANDE HTS COLORADO SPRINGS, CO 80906 NIXIE BOB DE 1 00 06/22/11 RETURN TO SENDER - NOT DELIWERADLE AS ADDRESSED UNABLE TO FORWARD _ g 6 ����e5 DC: 01611190230 *1479- 02306 17 - 40 80906 02g1a1 TSII2 Ii.. In Il.l ln. ulinlllu .!Illlnillnnlll1It.11n.lnl.l 1 Community Development Dept. 130 S. Galena Street, 3rd Floor '' . , , n - -""., - Aspen, CO 81611 PM eos ... i-r. r r o y,� .. - YY- / N i 1.. I 't,� ti t !�� .,' �r . 1 17 41 4 : • y.�,F 0002859851 JUN 17 2011 _ #.Z.. . -n MAiLEUFROM ZIP CODE 81611 A ElDrily 10 SENDER COMPANY NO LONGER AT THIS ADDRESS RETURN TO SENDER COMPANY NO LONGER AT THIS ADDRESS . 'ff., VnIM i V ACI \'UEM COMPANY NO LONGER AT THIS ADDRESS j cAe.cifiria72 COCA 11..1,nlidiu a..IL..III.L.IL..nL adh..L.I • , t hi z �� IA 0 0.,,..i• ,i ..., 3 Ci ri _ , : , HE ,‘,..,.....• VO f a • 11 Q i • 1 a 0 Q_ `P 0 w W= V \ tR r� O 3 r0 1 ` ` ,1 h 0 W vl = 1 �� o O OO O to i� ; t;i O it 6 6 - y� �� i ^� Et U • • C a. co O 3 h = W C 3 N 'Is O - Ci '+ _ � 100 ; -. -,s 0 C3 _ Y�31Mn �+o < WOO S03 H o CD . . r y }a' 1 f .r W4L !t _ r y s��rte�'' +i O _ O _ r. �L. r.tir _ - , W F F - ' �1, 7 �,,�j ik, m 7t�7?A -ice* zaw o = .j = • O 3W® el -= - •y,.'' O 1111Z O -=_ O F'..'Q O _ It •t1 • O WtiZ Q - - F .a It -0 . _ r ti q . .� - O H = - - 0 m - W O = _ H H=p H 0 O . `x7 O — -_ ... Z W CO H 0— Z M Z O Z (p I � Ill 0 0 cc0CL p m Z N w o , 0 W 7 WAD oN- 2X 07N wm W YdQ O N 61 v. O . 43 m .• CD J w v O J c n O GL O • W G O C C L?. o d E M N O O0 • Y E M • v a a c v, w ti' a ,E � vv,� A rC C cy 0 E vi a d Q 0 u ?. E o a o f v i uc»¢ ._ o o. CJ ti Q Ci Demo!. -_ Ole Edt geean Liavgae Fpm Reports Format Sorb tlep B. Meru Cugan Fields Fees &bons PesosJ* Raping Slaw Fee Summay Rani Bid* Attachments $ Pet* Type jai- __teen Land Use 2034 PemilY �601.2W7.A5LU _ Ad&ess pol UTE AVE J ApVSutef_ c it y ASPEN Slate j Zpfelall J I - Pm* Idnmacm _. _.. _... _..... Mesta Panel _ J____ Routing Queue iedu06 some �01l161nu/ __ ' g k t P _s Status Ipni6'9 ADpowd �_._.....___ Pupal r I 9 - :1 DesupWnrSTAFF REVIEW OF 2 RESIDENTIAL DESIGN STANOSROS Issued Final _,_ _.�.._ _ . __.. _ Submitted 1 IGflETCHEN GREENWO_ OD 42si /502 ._ Cock IRvrwp Daya ( 0 E mppes Kull/200i Darner Last Name jUTE CHAdi INC �.. ». First Nme (ASPEN CO 61612 Ftene 0wnei Is Apnca7 APPIcant 1j Lad Nash �1TE CHPLET INC J rim Name —. tRO 60X 1261 : 'ASPEN CO 61612 PMro -- Cwt p ■7119 Le Lad Nan I Fad Name Phone • En* the mach pan numbs -._ ... ... .... AspnGoldb) NEN ': Record 6 d 6 .. ) o 0 , 1;,;O it( i';,1; _ 'X De Edit aewd booth Form Reports format jab : ..: -_.. ' yde IX ►'a . i 14 4 ► H ,Temp t t 0 . 0 Grasp I Action F"""'° "" LAND USE REVIEW ■ - Schedule Request nI Assigned byl J sded g I J Schad end l J Contact' Phone, Received l 3 l – Result I nform s im — ____ — _.. - ..._ __ ...._ ____ - . ______ ..- I Complete r code! :.i _ j - Start date I Cempkte date l t Haus 1--m [ l' i Completed byljesonl AJASON LASS ER IVR Massager �_ -- I I .. Comments _ Se Check Lid ._ -.... --- --.._. 1 I 2.2s-07• MEET WITH APPLICANT -1HRJL 1 I 2.30-07 • REVIEW APPUC4TION/DESIGN .1 HR • JL I l i 3 REVIEW REVISED DESIGN •.5 HP JL - 1 3.15-07•APPUCATIDN WITHDRAWN -.25 HR -JL ; ;. I I ! i II I I . I 1 • C.,. le • ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: ,,�. Q Name: £S6/ (% Am/et � Gie/lee. / LOT /1 C t�dd/h& Location: �'/ a7L *twat, eu Ca/credo F/� )/� (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) REPRESENTATIVE: 0 /f.29. 5o /9 Name: Gretchen 0i � Address: 570 /.11u ///u / Cl/ " Age-n, CO/crado F /48 Phone #: 970. 94015. y5&& PROJECT: p Arm fin/ ( Name: 84 1 Ic i4 rm t dc ece Address: 816 Uh sit, , / tis r, c9 816/1 Phone #: T • 7,25. V 0 . TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development Design Review Appeal start ❑ Conceptual SPA ❑ Minor Historic Devt. GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) S*.Sf /av a Vann hill of /Z' Id n»ia/ as,,,, Sta4d/4,IJ 1) n74. Of/DO/ f ;) aG . LI/oa 011o(c)e2a LL Have you attached the following? FEES DUE: $ (//7.90 ❑ Pre- Application Conference Summary d!µ NI trait a ar ❑ Attachment 41, Signed Fee Agreement O ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. RETAIN FOR PERMANENT RECORD c ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Ilh., *emi ,etS <deac'- Applicant: Veithen 1r-cna o/d Location: ys („/ ales 'Lone District: R- 6P Lot Size: 5, 022 a ,f /06 10" x SO. 2z Lot Area: $; Q 2 2 f (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed :: Number of residential units: Existing: 2 Proposed: / Number of bedrooms: Existing: Proposed: 9 Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: V9' Allowable: ;4764 Proposed: 39101 Principal bldg. height: Existing: 2O r Allowable: 2 / � Proposed: 25 Access. bldg. height: Existing: /VA Allowable: N/A Proposed: *PI On -Site parking: Existing: 9 Required: Proposed: 4 % Site coverage: Existing: 474 Required: .4/4? Proposed: g/A yo Open Space: Existing: 4/ /4 Required: 44 Proposed: "1/41 Front Setback: Existing: Gra / Required: /O i Proposed: /0 Rear Setback: Existing: 5 Required: /0 Proposed: /0 Combined F /R: Existing: NIA Required: /V /A Proposed: N/A i � W Side Setback: Existing: 5 t Required: .5 Proposed: S E Side Setback: Existing: /0 Required: Proposed: 7 ' � Combined Sides: Existing: / 5 Required: /2. r Proposed: /..4 Distance Between Existing 04 Required: AM Proposed: Buildings Existing non - conformities or encroachments: 4/74 Vi Variations requested: 2 til a 40 of as- A-Vd tit/ 1:15/91, — 4114 r i 24. WO. OD (B) a, ) 2(. /4D4 2(C)24 • Jan 02 07 05:51p Goldsmith 9 ?10.9434 p.1 • C January 2, 2007 Nr. Chns Bendon 130 South Galena Street Aspen, Colorado 8161 1 Re: Residential Design Standards Review Street Address: 861 Ute Avenue, Aspen, Colorado 816 I 1 Legal Descnpbon: Lot II Lite Addition to the City and Townsste of Aspen, Pitbn County, Colorado. Der Mr. Bendon: Gretchen Greenwood of Gretchen Greenwood and Associates. Architects is authonaed to act on behalf of the owner, Ute American Properties. LLC. The address is as follows: Ute American Properties, LC, a Colorado Limited Liability Company 855 Moore Drove Aspen, Colorado 81 61 1 The office of the Architect Is as follows: Gretchen Greenwood and Associates, Inc. 52O Walnut Street, Aspen Colorado 61611 Office: 970 925 -4502 Fax: 970 925 -7490 Motile: 970 948 -2081 E-mad: ggreens od @ggaaspen Smcerdy, Fran smith for Ute ncan Properties GI1 Y OF ASPEN OM OF ASPEN wnrr PAID HNETT PAID 51 l S8 o].IDIo ( stela. PR 140. 04 523519 WHEN RECORDER RETURN TO: TRANSFER DECLARATION RECEIVED 15/11/20$36 Name: Ute American Properties, LLC, a Colorado limited Address: 407 AABC, Suite S Aspen, CO 81611 t i aLla . go GENERAL WARRANTY DEED THIS DEED, made this 28th day of April, 2006, between Ute Chalet, LLC , a Colorado Limited Liability Company of the said County of Pitkin and State of Colorado, grantor, and Ute American Properties, LLC , a Colorado Limited Liability Company whose legal address is 407 AASC, Suite S, Aspen, CO 81611 of the said County of Pitkin and State of Colorado, grantee: WITNESSETH, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, Tying and being in the said County of Pitkin and State of Colorado described as follows: Lot 11, UTE ADDITION TO THE CITY AND TOWNSITE OF ASPEN, County of Pitkin, State of Colorado also known by street and number as: 861 Ute Avenue, Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he File Number: 4)b79 Stewart y Dv d of Plo Pho w g r phi e H Aspen (F Divon zte taiid - Wamnt 1 NIA III.11 1 � 1 111 52Paga: 3 519 1 o y nee - lonphRecord (Cnded) I f1 N � I �I It u n �� tl , h � gt t It I Paget ol. f 3 e5 /el /0 12:2! JRNICE K VO6 CgIDILL PI TK IN COUNTY CO R le. ee 0 2.80 • (I 0 EXHIBIT 1 EXCEPTIONS 1. Distribution utility easements (including cable TV). 2. Those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer in accordance with paragraph 8b of contract Form No. CBS 1 -9 -99 [Matters Not Shown by the Public Records]. 3. Inclusion of the Property within any special taxing district. 4. The benefits and burdens of any declaration and party wall agreements, if any. 5. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 6. Taxes for the year 2006 and subsequent years not yet due and payable. 7. Mineral reservation and right of way for ditches and canals constructed by the authority of the United States as contained in United States Patent recorded August 26, 1949 in Book 175 at Page 299. Ji* 523519 I I Iq IIII HI i I � IIIII Illlllppp )(MICE K yep CAUDIL PITKSN C File Number: 474744'6 Stewart Title ofCulosmk,, Inc • Aspen Division Warranty Dead — Exhibit 1 (Exceptions) Page 1 of 1 e, c I'^ • Stream tag 2-3 .. v v AsD�' x1.i t- 6 +a 5 N F 4 E . , W 3 '`' 'i� S I ss� ^c r' '�a: t ' N; w d :2 ,,,¢a tt '1/4 � y tit a C 4 ,, s 4' C `�':',- it As •'' t ""11E'16'l � � I� r4 K +r i, _ lei ear �- w.al d ,. 4. Mr a,pMt F moss w 1 I ?, 3' i s e200 as - $(ot WI- u ' e°IGr dad.t Wes, Le' 1I) 0 4 , a IMS GRETCHEN GREENWOOD d ASSOCIATES, INC. n lb 1 11 ARCHITECTURE • INTERIOR DESIGN • PLANNING ADMINISTRATIVE VARIANCE FOR ThE RESIDENTIAL DESIGN STANDARDS 7. Written Descnption of the Proposal and how the development complies with the Residential Design Standards This application seeks an administrative review for two of the indwidual requirements of the Residential Design Standards Due to unusual site specifics. BACKGROUND Lot I 1 Ute Addition, (861 Ute Avenue) is a lot bordered on the North by Ute Avenue, to the West by the Black Swan Condominiums and to the East and South by pnvate property owned by the Aspen Alps Condominiums. Adjacent to the east property line of Lot 1 1 , sits private property owned by the Aspen Alps Condominium Association and further to the east is the Aspen Alps Road ( a pnvate road). This is shown on the condominium map enclosed in this application. Lot II currently has a house of 2,193 5q.Ft. with dnveway access off of Ute Avenue. The development plan is to demolish the residence and build a single family 2,966 Sq.Ft. residence with the same access off Ute Avenue. VARIANCE REQUESTS This application seeks an administrative review for two of the individual requirements of the Residential Design Standards based on the development context as stated in 26.4 10.020(D) 1 a. 4 b. Due to unusual site specific conditions. I . A vanances for the Residential Design Standard 26.4 10.040 (8) 1 Secondary Mass: Required access for this lot I 1 is currently off Ute Avenue, due to pnvate property bordenng the south, east and west sides of the lot. The Aspen Alps Condominium Association owns land bordenng the east and south sides of Lot I 1 . The Aspen Alps Road (a pnvate road) sits further to the east of Lot 1 I and provides access to the Aspen Alps condominiums. This road is pnvate and due to the pnvate property bordenng Lot II on the east, access for Lot I1from the east property line is not allowed. To the south of Lot II, the property is owned as well by the Aspen Alps, and there 15 no road or alley allowing access to Lot 1 I from the south. The west side of the property borders the Black Swan Condominium Association and access to the property is not allowed from that pnvate property as well. 520 WALNUT STREET • ASPEN, COLORADO 81611 • TEL 970/925 - 4502 • FAX 970/925 -7490 • ggreenwood @ggaaspen. corn Page 2 Therefore, the front yard of the proposed house along with the garage access is proposed to remain, as it always has been, off Ute Avenue. In order to minimise the presence of a garage from the Ute Avenue streetscape, the proposed design recesses the garage 26' -0" back from the property hne, and 40' -0` back from the edge of the asphalt of the street. Because the only access to the garage and the front door of the residence 1s from Lite Avenue, this proposed design puts the facade under the house creating a posittve streetscape from Ute Avenue. The garage meets the cntena of 10' -0" feet back from the front of the budding, shielding the garage facade from Ute Avenue approaching from the east and west. With the garage recessed, this design allows the entry of the house to be a dominant element and further shields the garage facade from the streetscape. The recessed garage does not allow for a semi detached garage secondary mass form to be constructed on the property. If a secondary garage mass was developed, as shown in the Residential Design Standards, it would have to sit 10 ' -0` off of Ute Avenue, creating a negative streetscape for pedestrians and vehicles as the garage doors would be very visible. Although not required, the recessed garage allows for additional parking for the residence of 2 more vehicles over and above the 2 parking spaces required. Ute Avenue is a desirable area for parking for skiers, employees, etc. and 2 additional off street parking spaces would be an asset for the neighborhood. Therefore, by having to access the lot off of Ute Ave. and recessing the garage without creating a secondary mass for the garage prondes a positive and better streetscape, more open space on Ute Ave. and meets the intent of the Residential Design Standards. 2. A vanance for the Residential Design Standard 26.4 10.040 (C) 2.a. Lot I 1 is a substandard size lot at 50' -0" x 100' -0". The 50 foot dimension is the north property line that borders Ute Avenue. With the required access for Lot 1 I off Ute Avenue, and the width of the Lot being 50 feet, the proposed 22' -0" width of the recessed garage does not allow the standard regarding that the Ming room of the first floor be 5' -0" greater than the width of the garage. With the second floor of the residence, this standard is met, as the second floor of the residence sits above the recessed garage. Another part of this standard is met, by the garage facade recessed 10' -0" back from the front facade of the house and 1 6'-0" from the front of the one story elementlporch. Page 3 Due to the substandard lot size and required access, the combination of these two vanances work to meet the intent of the Residential Design Standards, by creating a streetscape that is more desirable for the pedestrian. Section 26.410.010 (A) of the code state the purpose of the design standards is to preserve established neighborhood scale and character' With the house and garage sitting between the Black Swan Condominiums and the Aspen Alps Tennis Courts, we believe that the design as proposed fits the neighborhood scale and character. All other residential design standards for the residence are met. c _ '.\ c CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Atreemeat for Payment of City of Amen Developmat Annllcattw Feel CITY OF ASPEN (hereinafter CITY) and /f G Assuan Past- J (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to C�� application for r � se ` /!� (hereinafter, THE PROJECT). S� I t / G ,h p nat / ".4d s „7 2. APPLICANT understands and agrees that City of Aspen Ordinmae No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the fill ex tent of' the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT mete payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to determination of application completeness, APPLICANT shall pay an initial deposit in the amount of S (0 'fJ 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 $220.00 per planner hour ova 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 pemtits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: Chris Betdea Commonalty Develepmat Director Date. /' 3 . 07 Bill To Mailing Address and Telephone Number. Sao Wa /sat erec %p, 6/ rata 5/0// g apporMor,.ulagrpayas.doe l `O 9-25 950 02/01/06 RETAIN FOR PERMANEXT RECORD C r..i.l::W S i S I II\ GRETCHEN GREENWOOD IS ASSOCIATES, INC —41k �W ARCHITECTURE • INTERIOR DESIGN • PLANNING March 3, 2007 EGE Jessica Garrow MAR 0 2 2007 130 South Galena Street Aspen, Colorado 81 GI 1 BUILDING DEPARTMENT Dear Amy: Attached please 3 copies of the 8G I Ute Avenue Residence schematic plans and elevations for a cursory design review. I appreciate your help on this tricky property. Sincerely, I G I lk 520 WALNUT STREET • ASPEN, COLORADO 81611 • TEL: 970/925 -4502 • FAX: 9701925-7490 • ggreenwood @ggaaspen,com • Chapter 26.410 RESIDENTIAL DESIGN STANDARDS Sections: 26.410.010General. L- yr • 26.410.020Procedures for Review. V • 26.410.030Adm inistrative checklist. 26.410.040Residential design standards. .9) 26.410.010 General. A. Purpose. The purpose of the following design standards is to preserve established neighborhood scale and character,.and to ensure that Aspen's streets and neighborhoods are public places conducive to walking. The standards do not prescribe architectural style, but do require that each home, while serving the needs of its owner, contribute to the streetscape. Neighborhood character is largely established by the relationship between front facades of buildings and the streets they face. By orienting buildings parallel to the street and maintaining a certain consistency in front setback patterns. there is interaction between f "R residents and passersby and the built environment. The area between the street and the front door of the home is a transition between the public realm of the neighborhood and the private life of a dwelling. Low fences and hedges may be used to delineate the edge of a property, but it is important not to close off views of the front lawn and house. Certain elements of the front facade of a house are particularly important components of neighborhood character. Front porches provide outdoor living space and animation to the streetscape, and one story entryways provide an appropriate domestic scale for a private residence. Street- facing windows can establish a hierarchy of spaces with larger, formal windows denoting public areas and smaller ones suggesting private rooms. Acknowledgement of the context that has been established by the existing built environment is important to protecting the uniqueness of the town. Avoiding building materials which have no relevance to Aspen's history or climate helps to meet this goal, as does avoiding a significant overshadowing of small homes by larger structures. Finally, along with creating homes which are architecturally interesting and lively, the pedestrian nature of a neighborhood can 'be further enhanced by reducing conflicts between people and automobiles, and by making alleys an attractive place to walk. Parking areas are to be concentrated to the rear or side of each residence. Secondary structures and accessory dwelling units, located along the alleys and inspired by the tradition of outbuildings in Aspen, are encouraged. • City of Aspen Land Use Code. June, 2005. Part 400, Page ems B. Applicability. This section applies to all residential development in the City of Aspen requiring a building permit, except for residential development within the R -15B zone district. 1. Only the following standards shall apply to multi - family housing: Section 26.410.040(A)(1), building orientation, Section 26.410.040(C)(1)(a), access or, if not applicable, Section 26.410.040(C)(2)(b), garage setback and 26.410.040(D) • building elements, as outlined in said section for multi - family buildings. 2. Parcels located within and partially within the Aspen Infill Area (see Section 26.104, Definitions) shall be required to comply with all of the standards. 3. Parcels not located in the Aspen Infill Area are required to comply with all the standards except the following: Section 26.410.040(B)(1), secondary mass, Section 26.410.040(D)(3)(b), non - orthogonal windows and Section 26.410.040(E)(2), inflection, in its entirety. 4. Parcels with no street frontage and parcels with front yard setbacks at least ten (10) feet vertical above street grade shall be exempt from the following requirements: Section 26.410.040(A)(1), building orientation and Section 26.410.040(D), building elements, in its entirety. 5. Residential units within mixed -use buildings shall be exempt from the requirement of this Chapter 26.410 in its entirety. C. Application. An application for residential development shall consist of an application for a Development Order as may be required by the Community Development. Director, Historic Preservation Commission, Planning and Zoning Commission, or City Council, pursuant to Section 26.304.030, and an application for "Residential Design Standards" review, pursuant to Section 26.410.020. D. Exemptions. No application for a residential development order shall be exempt from the provisions of this section unless the Planning Director determines that the proposed development: 1. Is an addition or remodel of an existing structure that does not change the exterior of the building; or 2. Is a remodel of a structure where alterations proposed change the exterior of the building but are not addressed by any of the Residential Design Standards; or 3. Is an application only for the erection of a fence, and the application meets Section 26.410.040.A.3. E. Definitions. Unless otherwise indicated, the definitions of words used in these regulations shall be the same as the definitions used in Chapter 26.150 of the Aspen Municipal Land Use Code. In addition, the following definitions shall apply: City of Aspen Land Use Code. June, 2005. Part 400, Page 6 0 7 Street. A way or thoroughfare, other than an alley, containing a public access easement and used or intended for vehicular, bicycle or pedestrian traffic. The term "street" shall include the entire area within a right of way. For the purposed of Section 26.410 street shall also include private roads, streets and access easements serving more than one (1) parcel. • 26.410.020 Procedures for Review. • A. Determination of Applicability. Applicability shall be determined at the time of building permit submittal. The applicant may request a pre - application conference to determine as to whether the proposed project is exempt from the requirements of this chapter. B. Determination of Consistency. Consistency with the Residential Design Standards shall be determined at the time of building permit review. The applicant may request a pre - application conference to determine consistency with the requirements of this chapter. C. Appeal of Adverse Determination. If an application is found to be inconsistent with any item of the Residential Design Standards, the applicant may either amend the application or seek a variance as set forth below. • D. Variances. • 1. Administrative Variances. The applicant may seek an administrative variance for not more than three' (3) of the individual requirements. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the Community Development Director shall find that the variances, if granted, would: a. Provide an appropriate design or pattem of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the director may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the director feels is necessary to determine if the exception is warranted; or, b. Be clearly necessary for reasons of fairness related to unusual site - specific constraints. The Community Development Director shall provide the Planning and Zoning Commission an annual report of approved administrative variances. 2. Variances from the Residential Design Standards, Section 26.410.040, which do not meet Section 26.410.020(D) above may be granted by the Planning and Zoning Commission or the Historic Preservation Commission, if the project is subject to the requirements of Section 26,415. An applicant who desires to City of Aspen Land Use Code. June, 2005. Part 400, Page 7 consolidate other requisite land use reviews by the Historic Preservation Commission, the Board of Adjustment or the Planning and Zoning Commission may elect to have the variance application decided by the board or commission reviewing the other land use application. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance, if granted, would: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the 'proposed development with adjacent structures, the immediate neighborhobd setting, or a broader vicinity as . the board feels is necessary to determine if the exception is warranted; or, b. Be clearly necessary for reasons of fairness related to unusual site - specific constraints. (Ord. No. 20 -2005, Ord. 52 -2003, §5) 26.410.030 Administrative checklist. • The Director of Community Development shall create a checklist for use by applicants ( and community development staff in identifying the approvals and reviews necessary for issuance of a development order for an application that is consistent with the Residential Design Standards. 26.410.040 Residential design standards. A. SITE DESIGN. The intent of these design standards is to encourage residential buildings that address the street in a manner which creates a consistent "facade line" and defines the public and semi- public realms. In addition, where fences or dense landscaping exist, or are proposed, it is intended that they be used to define the boundaries of private property without eliminating the visibility of the house and front yard from the street. 1. Building orientation. The front facades of all principal structures shall be parallel to the street. On corner 4111,11 lots, both street facing facades must be parallel to the I =► 7 / intersecting streets. On curvilinear streets, the front facade I I "° I 1 / of all structures shall be parallel to the tangent of the *••/ midpoint of the are of the street. Parcels as outlined in Yn. Section 26.410.010(B)(4) shall be exempt from this requirement. City of Aspen Land Use Code. June, 2005. Part 400. Pape 8 ........ _..... 0 i One element, such as a bay window or dormer, placed at a front corner of the building may be on a diagonal from the street if desired. =; v q • 2. Build -to lines. On parcels or lots of I less than 15,000 square feet, at least 60% of I the front facade shall be within 5 feet of the minimum front yard setback line. On comer I ®i IIIIIIIIIME 1 i sites, this standard shall be met on the frontage i i _ I { with the longest block length. Porches may be I, used meet the 60% standard. k 1' Ys,. Ho. Yes. 3. Fences. Fences, hedgerows, and planter boxes shall not be more than forty-two inches (42 ") high, measured from natural grade, in all areas forward of the front facade of the house. Man-made berms are prohibited in the front yard set back. Fence, yes ;I i 111 M 1 1 111.1 l 1 . IIIIIMQhIIhIIIIIIIIIMIllI) Fence; no B. BUILDING FORM. The intent of the following building form standards is to respect the scale of Aspen's historical homes by creating new homes, which are more similar in their massing, by promoting the development of accessory units off of the city alleys, and by preserving solar access. 1. Secondary Mass. All new single family and duplex structures shall locate at least ten (10 %) percent • of their total square footage above grade in a mass which is completely detached from the principal building, or ' linked to it by a subordinate connecting element. This 1111111 1 5 standard shall only apply to parcels within the Aspen ` Infill Area pursuant to Section 26.410.010 (B)(2). -- Accessory buildings such as garages, sheds, and accessory dwelling units are examples of appropriate uses for the secondary mass. City of Aspen Land Use Code. June, 2005. Part 400, Page 9 e A subordinate 1' ng element for the purposes of secondary mass shall be defined as an element no an ten (10) feet in width and ten (10) feet in length with a plate height of not more than nine (9) feet. Linked pavilions six (6) feet in width and ten (10) feet in length shall be exemption from Section 26.575.020 (A)(8). C. PARKING, GARAGES AND CARPORTS. The intent of the following parking, garages, and carport standards is to minimize the potential for conflicts between pedestrian and automobile traffic by placing parking, garages, and carports on alleys, or to minimize the presence of garages and carports as a lifeless part of the streetscape where alleys do not exist. 1. For all residential that have access from an alley or private road, the following standards shall apply: Alley a. Parking, garages, and carports shall be ) 4 1 r accessed from an alley or private road. 1 1 I 4 No. 4 Yes. Yet. I , 11g��• b. If the garage doors are visible from a street or alley, then they shall be single- A I i = o stall doors, or double -stall doors 4110 i 1 designed to appear like single -stall tttr 1 doors. Street c. If the garage doors are not visible from a street or alley, the garage doors may be either single stall or normal double stall garage doors. 2. For all residential uses that have access only from a public street, the following standards shall be met: a. On the street facing' facade(s), the width of the 1:1� living area on the first floor shall be at least five rl, (5) feet greater than the width of the garage or _ 41, 1 carport. �x y I�LX•s -y b. The front facade of the garage or the front most 1 supporting column of a carport shall be set back at least ten (10) feet further from the street than the front most wall of the house. ytiri • City of Aspen Land Use Code. June, 2005. E— x =Z x.s-4' c. On lots of at least fifteen thousand (15,000) square feet in size, the garage or carport maybe forward of the front facade / -;,4 • of the house only if the garage doors or �� j carport entry are perpendicular to the �.- ��. /. • street (side - loaded). d. When the floor of a garage or carport is • above or below the street level, the ,, , 4101,'. 11 .0F Pi: driveway cut within the front yard setback is f!r shall not exceed two (2) feet in depth, measured from natural grade. 2 • e. The vehicular entrance width of a garage _ or carport shall not be greater than - �•_�_= • • twenty -four (24)feet. -so -��" ` :. ._ — 24".:-----A" ogee If the garage doors are visible from a public street or alley, then they shall be single -stall doors, or double -stall doors designed to appear like single -stall doors. D. BUILDING ELEMENTS. The intent of the following building elements standards is to ensure that each residential building has street - facing architectural details and elements, which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions. 1. Street oriented entrance and principal window. All single- family homes and duplexes, except as outlined in Section 26.410.010(B)(4) shall have a street - oriented entrance and a street facing i i I i i i i principal window. Multi- family units shall have at least i I i i i i i i one street - oriented entrance for every four (4) units, and i i 1 1 i i i front units must have a street - faciang principal window. ��. i I. j i j i j i CA i I lji i ii • On corner lots, entries and principal windows should face X Block Lq whichever street has i greater block length. This standard shall be satisfied if all of the following conditions are met: City of Aspen Land Use Code. June, 2005. Part 400, Page 11 0 r 1 • • • " mamm y The entry door shall face the street and be no more than ten feet (10'0 ") back <6 from the frontmost wall of the building. j s Entry doors shall not be taller than eight t feet. \ ; ,' b. A covered entry porch of fifty (50) or more square feet, with a minimum depth of six feet (6'), shall be part of the front facade. Entry porches and canopies shall not be more than one story in height. c. A street-facing principal window I � �� requires that a significant window or 1 • group of windows face street. . "Tf Wll11 2. First.story element. All residential buildings shall have a first -story street - facing element the width of which comprises at least twenty (20) percdnt of the building's overall width and the depth of which is at least six (6) feet from the wall the first -story element is projecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first-story element may be a porch or living space. Accessible space (whether it is a deck, porch, or enclosed area) shall not be allowed over the first story element, however, accessible space over the remaining first story elements on the front facade shall not be, precluded. 3. Windows. a. Street facing windows shall not span through • the area where a second floor level would typically exist, which is between nine (9) and i twelve feet (12) above the finished first floor. For interior staircases, this measurement will be made from the first landing if one exists. A ' • transom window above the main entry is exempt from this standard. a =s• • • • •— City of As/pen Land Use Code. June, 2005. Part 400. Page 12 . 0 b. No more than one non - orthogonal Window shall be allowed on each facade �{ hI � of the building. A single non - orthogonal Orthogonal ' �I window in a gable end may be divided ! with mullions and still be considered one /� non-orthogonal window. The Non- OrBwgonal requirement shall only apply to Section i i 26- 410- 010(B)(2). 4. Lightwells. All areaways, lightwells and/or i stairwells on the street facing facade(s) of a building i shall be entirely recessed behind the frontmost wall I — o f the building. � "1 � 1 Yes 1 r , I -- No E. CONTEXT. The intent of the following standards is to reinforce the unique ,' character of Aspen and the region by drawing upon Aspen's vernacular architecture and C.— neighborhood characteristics in designing new structures. 1. Materials. The following standards must be met: a. The quality of the exterior materials and details and their application shall be consistent on all sides of the building. • �`�\ 1 0. E . 14 tettlo re Stone yes • Stone no City of Aspen Land Use Code. June, 2005. Part 400, Page 13 ( b. Materials shall be used in ways that are true to their characteristics. For instance , stucco, which is a light or non - bearing material, shall not be used below a heavy material, such as stone. .O - - a2 c .. - c. Highly reflective surfaces shall not be Yes No used as exterior materials. 2. Inflection. The following standard must be met for parcels which are 6,000 square feet or over and as outlined in Section 26.410.010(B)(2): a. If a one (1) story building exists directly adjacent to the subject site, then the new construction must step down to one story in E iN = E height along their common lot line. If there are �` ® o00 on one story buildings on both sides of the subject site, the applicant may choose the side toward which to inflect. • (' , A one story building shall be defined as follows: A one story building shall mean a structure, or portion of a structure, where there is only one , 1 — floor of fully usable living space, at least 12 feet wide across the street frontage. This standard U11111111 n — shall be met by providing a one story element � which is also at least twelve (12) feet wide ,C-t , t-4 — across the street frontage and one story tall as I a z I 112 I far back along the common lot line as the • adjacent building is one story. Ord. No. 20 -2005; Ord. 52 -2003 §7, 8) Ci of Aspen Land Use Code. June, 2005. Q " REAR YARD- BORDERS PRIVATE fR .. 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' • HI ;I .:IL Ii!�p'' Itn" 1 IIIIIIIIIIIII sows ;IIIi 1 3/41,'�411,Lei:1 I DI l61' 4, ZaR $ D cf.. � ,,,,,,.7 d ... /r., ,...y y yll I j � t I ! i lip 11I ,I;ili i „ .I I , I I I i n ill,4,tii�l,,,I,I li 1 1 ll ti��llill•til l7 PII 11 l'tll li�i rill I silt �li 11i'!Ilii I I • C �aildp` „,�l: "�f ,,,,i,.uit I I n 1 0 ,,, t ialittrir iL.t�L .�l; 0 nl �,l � 1 I�ilil!iilhblll "�t 1p•1 ' t i. i!t y n ti!' '1 1 11: 117.g1pllli�l'I =— l, �ldvll�'1 .I �' 11 �p,n 1 111' 1 I I I Ilil , t.t il C'!Ijh u... ' 1 I. go II IC u_ so I ` 4 SI��II��I II I I 1 I 11 \C �� i � - I n IItmn- n ll Imlim I inl u ounnittitml \C\ 0 a wn GRETCHEN GREENWOOD & ASSOCIATES, INC. —,,: IV1 ARCHITECTURE • INTERIOR DESIGN • PLANNING ,_. .dI To: Jason Lasser From: Gretchen Greenwood Re: 8G I Ute Avenue Date: January 30, 2007 1 have enclosed 4 sets of plans and elevations in this package. These updated drawings show the clarifications and changes we discussed at our meeting on Monday, January 29". Please review and let me know if I can furnish you any additional information. Gretchen Greenwood 520 WALNUT STREET • ASPEN, COLORADO 81611 • TEL: 9701925 -4502 • FAX: 9 701925 -74 90 • ggreenwoodOggaaspert.cor oaygo - 1oo N � dSd 3nN� d ig �tDlld H'' p k sons u� _ 11: 111111 non El 0 Y Z '� Li l ik 4 itttt stat y i Q 0 NOI L A213 15b'3 OQvI0100 'N3dSG' 3fNBAV 3m I% 1 c m b J II r W 2 . iQ C II ME i ■ �i p. r____ ` II I I I r____,... _� min , _____„_ m_ Z R__ _______._ 0 M 0101 > al MI 1111 0111 — 0 1 C — � "' - IIIIIIIll \_ Mil 1 ewe li 1 io� s �li oio J c --- $ 1 4 I E I s N011TA313 H1t10S OC17ei0 -1001N3dSb 3n•3 d 3 111 ten c 11 I 7. c T V 1 ii 111 . .gill .,,,,,,, 4 I i i - 1111�I� 7 ^` __ IIIIIIII IIIIIIII S e „ , ..... i i • 4 IE- - ";1:' 111111 =_ ��� 1113llllllllllllllllll ' 1 �'NIB�o, ;..�19,01 C X373 19 O�Id 'S t1tern 3`,498 NOIl'd � Q J y d tl tl� t M r \\A II I ° 00111011 �il �� II 711 .. . 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( b 1 $ \ 1 / O 8' N 3�° >G VV/ 4 �. - ----- - - - - -- -- �, 14 ld Noels 13A 1 a3mo1 oarsoloO'N3d4V 30N-AV 31n 190 .. .. 1 c 0 c i 1 = - - I TIT i MLA ii Q ll W II - - -�'_- t I l = =_ ii [U]i wo • II J == � K -_ ( E' r c I II lb I � t - A v.o��n� 'nio' a •1 ME c - i _ I I © % r I i NV1d aoo 213ddr1 o4VLloim'N3d91 3rNaAV 31n 19B C O 1 c I II i t S I y i V''' o 1 , a ,\ J4 WI® j K E! id i 4 / // I — °e sarriwAyroater P it gr C J O O rry id dooa oavao1oo'rr3dsv 3b AV In lea 0 0 t C I T Q �I _ IQ ~_ _~ ( `/ 1 C 0 0 r ., 861 II, ; , Ap , _ IHTI1l1 (X $ • From: Jason Lasser Sent: Thu 21/2007 9;02 AM To: 'Gretchen Greenwood Cc: Subject: 861 Ute _ Gretchen, Your revised plans were reviewed by sfalf and fie Community Development Director wli deny your reguestbr an administrative variance, ding the tactile lot is of average size and does not create signicard design constraint II you wish to keep the application pending in order b Mate the P +Z review process, the next avalable agenda is in May Mother option is to wa idraw the current application, redesign wit compliance to the Residential Design Standards (which would most likely have the garage as a secondary mass at a linking element). Thank You, Jason Jason Lasser Planner II I City Ot Aspen Community Development Departnert 130 8. Galena Skeet 1 Aspen, CO 81611 (970) 429 -27631 wwiw.asperptho ram t. o,E P puc k 2.141 • 1 1 DAVID JOHNSTON ARCHITECTSPc RECEIVED MAR 3 J z^; cu. CITY OE A,,. r , J COMMUNITY DEVELOPMENT 861 UTE AVENUE SINGLE- FAMILY RESIDENCE Application for Variance from Residential Design Standards (1 DAVID JOHNSTON ARCHITECTSrc a. 418 East Cooper Ac nut ).ra 2 116 4844. CO 81611 TEL 970 - 925 - 3=144 FAX 970 - 920 - 2186 8. Application for Administrative Review for a Variance for the Residential Design Standards for the Property at 861 Ute Avenue in Aspen, Colorado Submitted by: Laguna Sierra, LLC 418 East Cooper, #206 Aspen, Colorado 81611 March 30, 2011 Prepared by: David Johnston David Johnston Architects, pc 418 East Cooper Avenue, #206 Aspen, CO 81611 970.925.3444 TABLE OF CONTENTS I. INTRODUCTION 1 II. PROPERTY BACKGROUND 1 III. VARIANCE REQUEST & REQUIREMENTS 2 A. Variances (Section 26.410.020.D) 3 B. Residential Design Standards (Section 26.410.040) 5 Appendix A — APPLICATION DOCUMENTS A Elmo I. INTRODUCTION The purpose of this application is to request an administrative variance from the City of Aspen's Residential Design Standards (the "RDS ") of the property located at 861 Ute Avenue (the "Property ") in the City of Aspen, Colorado (Legal Description — Lot 11, Ute Addition to the City and Townsite of Aspen). This application is submitted pursuant to Title 26, Land Use Regulations, of the Aspen Municipal Code (the "Code ") by the ownership of the property, Laguna Sierra, LLC (the "Applicant "). • In accordance with the Code and as outlined in the Pre - Application Conference Summary • (Exhibit 1), the approval of this requested variance shall be determined administratively. A Commitment of Title Insurance disclosing the ownership of the property as Laguna Sierra, LLC is included as Exhibit 2. Permission for David Johnston Architects, pc to represent the Applicant is attached as Exhibit 3. Attached are the Land Use Application Form, the Dimensional Requirement Form, and the Agreement for Payment Fee Form as Exhibits 4 -6 respectively. All required design documentation and photographic precedent studies are also located in the Appendix of this application and referenced accordingly below. II. PROPERTY BACKGROUND The original design for the home was submitted for permit in the summer /fall of 2007. The permitting review was a long drawn -out process due to a number of issues not part of this variance request. A final permit was secured in January, 2011, with full RDS approvals. At that point as well, the property and the Project were sold to a new Owner, who then requested a new design team to review some proposed changes. The changes are relatively small, and deal mostly with the aesthetics of the home. However, an aspect of the original design included the separation of the garage from the main home; as required by the RDS Secondary mass (Section 26.410.040.B.1) code. By lot size restrictions and location, there is only one access point to the site from Ute a Avenue, thereby situating the garage within the front elevation. Given the size of the lot, 1 4. 4 the home layout wraps behind the garage form. The original design, to satisfy the Secondary Form requirement, pulled the garage away from the main building by 5' -0 ", creating a dysfunctional exterior void within the design layout (Exhibit 9). It was still connected by a linking element, which was not counted within the FAR, as per code. III. VARIANCE REQUEST & REQUIREMENTS The request of this administrative variance is for the approval of the garage structure, which serves as the required "secondary mass" pursuant to Section 26.410.010.B.1 of the Code, to not be fully detached from the primary residential structure on the property. No other RDS changes to the currently approved site plan or design are proposed; all other conditions are remaining as approved (Exhibit 11). The revised design maintains the intent of the Secondary Mass requirement — the roof is separated from main house form on the front facade of the home, and the appearance from the street still includes the linking element form as originally designed (Exhibit 13). The minor modification simply pushes the garage and linking element back 5' -0" to connect to the main house, and thereby eliminating the 5 " -0" dead -space behind the garage within the original approved design (Exhibit 13). rrrom a contextual aspect, no other home along Ute Avenue or adjacent to this property conforms to the RDS Secondary Mass requirement, as shown in Exhibit 15. Nor, as shown in the perspectives (Exhibit 13), can the specific location of the change /modification be seen from neither the pedestrian walk, nor street view, as it is L screened by heavy trees on the Black Swan adjacent property. In addition, and as demonstrated in our revised FAR calculations based upon the revised design, the existing connecting element is now counted within the FAR calculations, and no exemption is being maintained for the element (Exhibit 10). In summary, and as a result of the conditions of the property and the surrounding properties, from the street and pedestrian perspective, the variance request to connect the garage still maintains the intent and appearance of a secondary mass that is only attached 2 to the primary structure by the currently approved subordinate linking element as allowed for in Section 26.410.010.B1 of the Code. Approval of the variance is being requested under four (4) primary considerations: 1. The intent of the subject RDS requirement, for the purpose of preserving established neighborhood scale and character for the benefit of the public, while serving the needs of the owner, is achieved; 2. The constructability and function of the varied requirement allows for a more sound and maintainable building and site condition; w 3. The burden of the constrained lot width, as described in the above section, limits the ability for the requirement to be met; and 4. Similar conditions exist on properties in the same zone district and in the surrounding area that are far less successful in achieving the spirit of the subject RDS requirement. The requested variance is in compliance with all other Code requirements, including the standards for the R -6 zone district. Specifically, the requirement of all structures on a property to be offset a minimum distance of five (5) feet is not applicable because the garage structure would not be detached, but rather appear to be detached with the exception of the subordinate linking structure. Pursuant to Section 26.410 of the Code, any residential development that meets the conditions of the subject property at 861 Ute Avenue must meet the Residential Design Standards provided, with the exception of allowed variances that meet the criteria provided therein. The following sections address the criteria applicable to the requested variance. A. Variances (Section 26.410.020.D) Pursuant to Section 26.410.020.D of the Code, the following criteria are required to be met for an administrative variance from Residential Design Standards. 1. Administrative variances. The applicant may seek an administrative variance for not more than three (3) of the individual requirements. ■ 3 0 1 As described above, only one « Y 1 () requirement, secondary mass ' requirement pursuant to Section 26.410.010.B.1 is being requested to be varied; however, the resulting design of the variance still achieves the spirit of the secondary mass requirement. An applicant who desires a variance from the residential design standards ' shall demonstrate, and the Community Development Director shall find that the variances, if granted, would: ' a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, t the director may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the director feels is necessary to determine if the ' exception is warranted; As noted above, because of the view lines from the street and ' surrounding properties' perspective, and the constraints and conditions of the subject property, the requested variance does not negatively impact the 1 design or pattern of the surrounding area context or the spirit of the RDS requirement being varied. As illustrated in Exhibit 13, from all viewa e 1 perspectives the garage structure achieves the intended character of a detached and secondary structure to the primary structure with the 1 exception of the approved subordinate linking element. ' b. Be clearly necessary for reasons of fairness related to unusual site - specific constraints. As described in the property background section above, the 52.18 1 (fifty two) foot north lot line fronting Ute Avenue is uniquely short relative to the surrounding area and this zone district in general. With no ' access or public visibility of the property from the west and no ability to access the site from the east, the constrained north lot line both serves as ' e front of the residence as well as provides the only vehicular access to e proper=ty. As all of the other RDS requirements are either met or 1 exceeded, the constrained lot dimension and access location has limited the ability to fully detach the secondary garage structure in any direction 1 r 4 other than by pulling the garage towards the Ute Avenue lot line. The result of this action, and in order to meet the five (5) foot minimum offset from the primary structure as required by the zone district standards, would create a hollow void between the back of the garage and the wall of the primary structure behind it. This unusable void will decrease the performance of the building by creating a snow and water trap and a generally negative condition on the property. Additionally, the garage attached at its rear to the structure behind recesses the garage further from the front facade of the residence, deemphasizing the garage relative the residential structure. With the spirit of the requirement for secondary masses to be perceived as detached being met, and the elimination of the unusable void created to meet the technical requirement of the Code, it is argued that the requested variance will improve the overall site condition due to the dimensional constraints associated with the site. B. Residential Design Standards (Section 26.410.040) Pursuant to Section 26.410.040 of the Code, the following Residential Design Standard criteria are required to be met for land use approval. The one (1) RDS requirement for which this variance is being requested is addressed below. The project is in compliance with or exceeds all other RDS requirements as per the current approvals and active building permit. 1. Secondary mass (Section 26.410.040.B.1). All new single-family and duplex structures shall locate at least ten percent (10 %) of their total square footage above grade in a mass which is completely detached from the principal building or linked to it by a subordinate linking element. This standard shall only apply to parcels within the Aspen infill area pursuant to 26.410.010.B.2. Accessory buildings such as garages, sheds and accessory dwelling units are examples of appropriate uses for the secondary mass. As described above, a variance is being sought for this and only this requirement of the Residential Design Standards. All other RDS requirements are either met or exceeded, each of which are already approved and vested for the project under the active building permit. The most significant consideration for review of this variance request - the intention and spirit of 5 �b .J the requirement for a secondary mass to be perceived as detached - is still being achieved as illustrated in Exhibits 11 and 13. With no access or public visibility of the property from the west and no ability to access the site from the east, the constrained north lot line both serves as the front of the residence as well as provides the only vehicular access to the property. The constrained lot dimension and access location has limited the ability to locate and fully detach the secondary garage structure in any direction other than by pulling the garage towards the Ute Avenue lot line. The result of this action, and in order to meet the five (5) foot minimum offset from the primary structure as required by the zone district standards, would create a hollow void between the back of the garage and the wall of the primary structure behind it. This unusable void will decrease the performance of the building by creating a snow and water trap and a generally negative condition on the property. Additionally, the garage attached at its rear to the structure behind recesses the garage further from the front facade of the residence, deemphasizing the garage relative the residential structure. Under these considerations, it is argued that the requested variance will improve the overall site condition as well as achieve the intention and spirit of this Residential Design Standard requirement for the purpose of preserving established neighborhood scale and character for the benefit of the public. 6 APPENDIX A - APPLICATION DOCUMENTS Exhibit 1. Pre - Application Conference Summary from 01.26.2010 Exhibit 2. Disclosure of Ownership (Title Commitment) Exhibit 3. Applicant Representation Letter Exhibit 4. Land Use Application Exhibit 5. Dimensional Requirements Form Exhibit 6. Application Fee Payment Agreement Form Exhibit 7. Vicinity Map Exhibit 8. Improvement Survey 11 x 17 Exhibit 9. Existing Main Level Plan — Permitted Design 11 x 17 Exhibit 10. New FAR Calculations 11 x 17 Exhibit 11. Proposed Site Plan and Main Level Plan 11 x 17 Exhibit 12. Proposed Elevations 11 x 17 Exhibit 13. Proposed Building Perspectives Exhibit 14. Existing Site Photos Exhibit 15. Neighborhood Context Photos A (EXHIBIT 1 • CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Drew Alexander, 925.2739 DATE: 02.18.2011 PROJECT: 861 Ute Avenue REPRESENTATIVE: David Johnston, 925.3444 REQUEST: Residential Design Standard (RDS) Variance, Secondary Mass DESCRIPTION: The prospective applicant has initiated new design work to a previously approved building permit at 861 Ute Avenue. The existing design includes a garage /house orientation that creates a void space (approx. 3' wide) at the rear of the garage. This was done so that the property could meet the RDS for Secondary Mass. The new architect would like to eliminate this void space by connecting the garage to the house. This would require a variance from Secondary Mass, being that all structures on the lot would share a common wall. Upon submission of the request for variance, Staff will determine the level of review required. This application can either be handled administratively, or at Staffs discretion be subjected to a Planning and Zoning Commission review if the request does not meet the criteria listed at Section 26.410.020(D)(1), Administrative Variances. For the purposes of this pre -app, an administrative review is being referenced. This would not require a public hearing. Relevant Land Use Code Section(s): 26.306 Common Development Review Procedures 26.410 Residential Design Standards Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenoitkin.com/odfs/deots/ Land Use Code: http:/Jwww. aspenpitkin. com / Departments / Commun itv-Development/Planninq- and- Zoninq/Title -26- Land- Use -Code/ Review by: Community Development, unless administrative criteria are not met. If not, the Planning and Zoning Commission shall be the review authority with a recommendation from Community Development Public Hearing: Not required, if handled administratively. Planning Fees: $735. This includes three (3) hours of staff time. Additional staff hours, if needed, will be billed at $245 per hour. Total Deposit: $735.00 To apply, submit the following information: ❑ Completed Land Use Application and signed fee agreement. 111 Pre - application Conference Summary. 'EXHIBIT 1 ❑ Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ 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. ❑ Total deposit for review of the application. ❑ 2 Copies of the complete application packet and maps (more will be required if the request needs a Planning and Zoning review) ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. 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. IEXHIBIT 2 PROFORMA TITLE REPORT SCHEDULE A 1. Effective Date: March 21, 2011 at 8:00 AM Case No. PCT23133P 2. Policy or Policies to be issued: Proposed Insured: PROFORMA 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: LAGUNA SIERRA, LLC 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: Lot 11, UTE ADDITION TO THE CITY AND TOWNSITE OF ASPEN PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970- 925 -1766 Phone /970- 925 -6527 Fax 877 - 217 -3158 Toll Free AUTHORIZED AGENT Countersigned: u. 'EXHIBIT 2' SCHEDULE B - SECTION 1 REQUIREMENTS THIS REPORT IS FURSHED FOR INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. I SUCH. IN THE EVENT A PROPOSED INSURED D IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND /OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE Y (EXHIBIT 2 SCHEDULE B SECTION 2 EXCEPTIONS 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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, 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. 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. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Mineral reservation and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded August 26, 1949 in Book 175 at Page 299. 8. Terms, conditions, provisions and obligations as set forth in Grant of Sewage Easement recorded February 6, 1978 in Book 343 at Page 130. 9. Encroachment and possessory rights by the fence as shown on Survey by Aspen Survey Engineers, Inc. dated September 10, 2010, as Job No. 37150A. 10. Right of way for ditch as shown on Survey by Aspen Survey Engineers, Inc. dated September 10, 2010, as Job No. 37150A. 11. Terms, conditions, provisions and obligations as set forth in City of Aspen Ditch Relocation, Operation and Easement Agreement recorded January 31, 2011 as Reception No. 577196. 12. Deed of Trust from : LAGUNA SIERRA, LLC To the Public Trustee of the County of PITKIN For the use of :ALPINE BANK ASPEN Original Amount $1,000,000.00 Dated : September 23, 2010 Recorded : October 5, 2010 Reception No. : 574074 (EXHIBIT 3 1 Laguna Bay Capital March 29, 2011 RE. ���\ /e Chris Bendon ^Q11 Director of Community Development City of Aspen 130 S. Galena Street, 3`" Floor cP�i Aspen, CO 81611 CC Re: Variance for 861 Ute Avenue Residence Dear Mr. Bendon: This letter is to serve as authorization for David Johnston Architects, pc to represent OWNERSHIP in the application for a variance from the residential design standards for the construction of a residence at 861 Ute Avenue, Aspen, CO 81611. Representatives from David Johnston Architects are authorized to act on the behalf of the ownership of the property for all matters pertaining to the application. Please feel free to contact us if you have any further questions regarding this authorizing letter. Sincerely yours, � Jw'fJ � Mr. Tim Biggs Laguna Sierra, LLC Laguna Bay Capital Pty Ltd 1 PO Box 2718 Fortitude Valley QLD 4006 I T: +617 3123 6860 1 F: +617 3319 0955 0 RE CEIVED (EXHIBIT 4 n o^'1 ATTACHMENT 2 -LAND USE APPLICATION CITY l' -:-..r4 PROJECT: ii , ,, ;;.,, :C Name: 1--A c L_a-)D 4- �) ,1`K..C.. 1... -1-�.. Location: f71n+ L� it: AVA-, -3be : H"siv�w (Indicate street address, lot & block number. legal description where appropriate) Parcel ID # (REQUIRED) /} APPLICANT: d . Name: AVID ,i6lablctibl.t N-t -.. / < Vt Crc et. #ZC4 i msx -, . co `66\€M Phone 4: C Address: 'V �� ,,11 fl(' . nl"n. 2 , ) (4` - REPRESENTATIVE: Name: e- AM MS 4.V.PNV Address: Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ Final PUD (& PUP Amendment) ❑ Text/Map Amendment GMQS Allotment ❑ ❑ Conceptual SPA ❑ Special Review ❑ Subdivision ❑ ❑ Subdivision Exemption (includes El Final SPA (& SPA ESA i , Hal am La ee, Stream Amendment) Margin, Hallam Lake Bh�ff, condominiumization) Mountain View Plane ❑ El Commercial Lot Split Small Lodge Conversion( Commercial Design Review Expansion Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use ExiSTINC CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) I M.i 4=vsvc VW--MI \4e W,\'e, -) YsSCW:)) Ca) ,k%k* W. Mc - Acid. 11 11 i1O'$ A 1 ;VA --suAtn E.O2AGQ. • PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 4 l - c t�l0 ,z :- Yna Y cC. o tSf- lD[t31.-/ t�+l - SCiD " . „ 1l l.+ in -iT OW: ' - , ',1 . ce. y5))110 • I Have you attached the following? FEES DIE: S 1, r7 — ' i2 Pre - Application Conference Summary Attachment #1, Signed Fee Agreement ' j Response to Attachment #3, Dimensional Requirements Form „ 0 Response to Attachment 44, Submittal Requirements - Including Written Responses to Review Standards 0.3 -D Model for large project .. All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3 -1) model. Your pre - application conference summary will indicate if you must submit a 3 -D model. (EXHIBIT 5 I ATTACHMENT 3 RECFRIED DIMENSIONAL REQUIREMENTS FORM a ZO 11 Project: c .c 11 GI I Y OF /s ;� i4Y Applicant: ��, V\D J01 A Ll '` t—v" (Met �" ITY DEVELOPMENT P :f a • Location: U5r ■1 , ll am -(-lbw tbit Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: — Proposed: `umber of residential units: Existing: (1) Proposed: CO Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing:3 Allowable: 17046 Proposed:_Melsi Principal bldg. height: Existing: Allowable: Proposed:NC„ Access. bldg. height: Existing: Allowable: Proposedi3,1t3C On -Site parking: Existing: Required: _ Proposed: ‘ (.:QuC °/u Site coverage: Existing: Required: Proposed: V-3b C� � % Open Space: Existing: Required: Proposed: fF�Ci " Front Sctback: Existing:. Required: _.__ Proposed: _ gta 1,)C, Rear Setback: Existing: Required: Proposed: 1 C11414, Required: Proposed: CI.iu G Combined F/R: Existing: 9 Side Setback: Existing: ______.__. Required: Proposed: W Cubic Side Setback: Existing: Required: Proposed : " CL JC Required: Proposed: cs a r.l C Combined Sides: Existing: 9 Existing Required:Proposed.'_ Distance Between g Buildings Existing non - conformities or encroachments: Variations requested: _ V_.1 -Stt>L Lr. tai )tS\ 6 9tix)041m 1 l.9H a s!`<.C1°i.)DR'-'it AS EXHIBIT 6 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aarecment for Pavment of its . s 1evelo. meet A. siltation Fees • CITY OF ASPEN (hereinafter CITY) and AV1fl + 1 vZ' '`a2�0-1v'U(SS ; + (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to CITY an application for • Y/ -t3NN. • 'r •,,,. � v�r7S.1S1. (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs Involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICAN 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 APPLICANTS 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 CriY's waiver of its right to collect ° full fees prior to a rdelgrmination of applic).tion completeness, APPLICANT shall pay an initial deposit in the amount of S 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 5245.00 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 AI in no case will building permits be issued until all costs associated with case processing have been paid. APPLICANT CITY OF ASPEN M. 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We ZV¢ navynn�WlomaV�n ise- 6iopn>+�de m- W+ery6wio�elx - _ _ ^ R ° ` z 0,, OJ ' uadsv I 'aAvalf 198 N . z 0. vin Cr a o ° ° ' any aln X98 = s� _ c3 Il e F- O z 0 CO Z e o X > > W > w w w 5 1- w N cc w O z 5 0. 1 - z z - ?t 8 � I I t t 1 9 1 I I m 8 g Iw I es i - s I m I® F —_1— 1 2 1 s 1 a o LL I I I j 1 I. err - T — t F i �� 11.01 � g SS _ ----- III — CD I o il ���, �o _�— .sivii 0 _ ®� 11 ° _ { 4 ° N 1 hl , 0 ,+ 1 I O WIPE I a 0 1 k:i @ — I� ■ b II Foal 1 ill. M m \ \ o - ill -� 0 = h I 0 ilia- ; 1 I I I I n A I i I 1 pa w a s t a a i T i ar r a s i is i m • I _ _ _ 1 . 1 e d i GFto ti __a 1 �� i , = f is �;_ 1 8 O —� 3 I 1 I h � 1 I 0 - 01 - 1 I i ! � � t — I ,I 0 — 1 7,a00 � 1 ��„ 1 — -60 1 1 1 s 1 • 0 - I SINE 1 I } F 1 L7 1 - 6 a 1 � ID g � 1 i I ,, Ig 11°£ . c i l l Lyg i,_ - e, fie -" N o - e�. OJ'uadSy I 'and am 198 o • .� e -an aln 198 -5 = _= s c3 Q _ z £P .7. - g w do y,g ew es� ON N , Z I— Z E O J X - J t" _J J r W W N x Q 1— W O (mil ?6 k =1 �° o I J = Ni t i I 1 . f \ „� of o T j 1 I I 1 I � ri e n. _. • �■ it i d I - w i m � � r0i— ._ 0 � ��I�■—l�, l 0 4 I I 2!I! � _ a ' n .s.v® � . t'� ■�■� �_ �� ®� III e _ � ��� �i�l� I ii r ® we` � , a w — I = l ■ it I 1 �I! Pe o L • I � _ ` I I 1■ I _Rd O� _ p � . _ ■kiI■ I 1 1 i O 1 � � I �' = laiM „,- . I .� _ ----T-= L� �1 �� I ! I w (19 ® m6 �� o f a NM �1a 1 13 11.10 I O l I � -- - Sir IN . ; —_ I-1_1 � 1 I ' 14 O W Y I I 0 iT 1T J �i � I thl irs I I 1 ;'1_ I _, 1 <, . m I m 1 I m A - ass o R uon 8 n.ry nnP noann 1 ws mn .r. v ., seemm n iss— (innspan 40 wadw, ,.e;x 1 • 0 EXHIBIT 13 1 1 I Specific area illustrating the spatial separation of the primary and secondary 1 building forms. ,- . N, Sala 1 IMO -11:11t M iii.rf_ '1 134 hit : .. ,,,..--rnr-i-r g iffitri ., -., ,, --- -- t Al ,, w =4` ---. _ I ti,ti. v ' ; st ,r .` ,,,'-'1,,,„i 'M If �i l�� z .. I 1 t 1 / _ -. - - mil- r. _ , \`;r_ _ i . 1 1 1 1 1 Approx. Iocatio. of EXHIBIT 13 existing trees. Pertinent I area not visible from Ute Avenue due to tree screening. Ghosted here 1 for illustration purposes. I ' 4 -4 _1152:i y� • .+ - ,r... .�. � Y - � ._- —` '� -.. a 1: + 1 1 _ l 1. 111 s It+)gt fit {,1 I, ■ 1 tl t 1 , - f -- ■ l , LQ �* i Y H IA 1 9 1 ^, oll `} I ,� � ` � .: r; (I I RJt - i —yam �.�ya�� X nt I' � i 'Ir . _- .�• ! �01/ I.: 1 { It ! ---,--7,--Tv .- - 7 ..... -_ '-...-- -_ -,_ ,- -- - .itkV\ -1- . _ - " .. i / I— !A Area of focus I 1 •@.i I p l s 1 : k * r4' a 1h III r , L Ill, n ' l 1 a . C`� mow';! A M 1� ` ,v � , e, : s., a ® r .• :, . lo .�i7 44 • � �I� I lrf • yl l 111 1 r _I N' 1 - `••- • '- - t ' � , shit.' . 1 1� I41 ■la II te, .011''' _. =-- _ 1 % rt., __ ill \\<L ` r � v , v v !! 1 1 r Q 0 !EXHIBIT 14 R — ,r ss i _ ,o+ – .-, - -.4.•m. . _ - , - \ Existing site conditions at 861 Ute Avenue . AI V 1 i - it .ir 1 i: t .-1...._ I . • ;5 .. I MIMI III • 1 1 , Existing site conditions at 861 Ute Avenue . 1 f 1 1 (EXHIBIT 15 1 • I • 1. 1 777 1.111 r 1 at ' irla t___LI , ... r - - , ' - I Ute Avenue north. , ♦ Al l ` k . , , ' *. . -; . a-- - ii*o* 1 1 1. .1i' MIS UNIIIIirr 1 ' , 1 _ mil.. at y 1 -- Intersection of Original and Ute. 1 1 1 0 EXHIBIT 15 1 _ 6 y T 1 ■ 1 I v N ifil .. y C ?'J Black Swan -Ute Avenue south. I/ ' * i .- roamer 3 ,a.- s.l i 1 s- . nln { r f ,�.c; , C. i 'lf 1 „ ., , `!rain 1 i 4 r "�,� s 1 L . ~ - Ute Avenue south. 1 1 M 1 ` ,, EXHIBIT 15 1 1 _ � fr-M 10 . - - 4 I 4 I 1 ' 11111 I _ 1 __ _- ...0„... .., / 1 . 4 4 1 illp , , • 1 _. . ,, 164- _ III ..... k 1 1 Ute Avenue south. I iM , � f 9 q % t 1 . I ' 1 1 t• 1 . ... eV ,. , "41 t 1 1 .._, N ,,__......,_ __:_-___;.____ ----a,_ .:_41 '""'b "..M1-■••• , --r t .- . 1 1 7. t. 2 . - Ute Avenue south. 1 1 1 EXHIBIT 15 1 I • .- ...4 • . . .: .. ;"-- • , . .- , .. r .0 ... .1......w.... — -a. : ' ' ••• . A 1111eAmA.AN ...**AA • ■ ....s.... a e_—.. •AA0.••■•■••• .,• . • .........0.0.0.11.1..•••■•••.....a... 4.. _ .. .......; ...., A_ AAI• • ..P••• ••••■ AL...A - ..• ---• 1 At. . AAA .. . AA ......1. .A•••• .•••••••■• -A•ww-....A• •..... . . , a. - 1 1 - . v • 1 . .... .. • , - . .. , ... • • • 1 . 6.1 . . a • ''."1111111111V •- 1 .._ _ _ - • .... • • _ .... . lkil I Ute Avenue south. _ 4. ... . ..., ...,.. ..._ I ' • • I 1 . ill ' . . . • All, . ..y 1 • 4 III IS t , - - __ ____ _____ • , • 1 ....., . _ - . .• sot ' it .!' , , , sty - 44L'it- .. . . . _ . . • • . . . .. ...., . . • . a • , - I ..., -4 — , • -.ric-, , . . r _ . . ...... . _ .. ' - . •-•••• - _ - •• - I -.....- i-'— 7 .. ' • - - 4111.' • - • - . - - • • • .. • . - ., I. Ute Avenue south. 1 I • I/ • THE CITY OF ASPEN Land Use Application Determination of Completeness Date: April 4, 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 0021.2011.ASLU — 861 Ute Ave. The planner assigned to this case is Jessica Garrow. ❑ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: f there are not missing items listed above, then your application has been deemed complete i 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. You, .1 lL _.L'L. ifer Phe MDeputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes No )(. Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing_ Yes No >C‘ Commercial E.P.F. 1 0 9c ece.St 3'l - 1 - 2 - R y'-- o t °ti Ob2I • sot I • AsL cA e Permits X File Edit Record Navigate Form Reports Format Tab Help v Routin 8 Y Status Fees Fee Summary Man Actions Attachments 1Rottrig history ;Valuation Archf Eng (Custom Fields Sub Permits !Parcels 1 _ ° Perri type asiu Aspen La J e Fermi # 002'_.) 0 Address 861 U T E AVE Apt1Sute o City ASPEN State CO Zip 01611 i0 x Permit Information A' Master permit Roth n; queue laslui7 Applied 3012011 Project Status pending Approved . Description RESIDENTIAL DESIGN VARIANCE Issued Final Submitted DAVID JOHNSTON 925 3444 dock 1Running Days 0 Expires 3125x2012 Submitted via Owner Last name LAGUNA SIERRA LLC First name 200 E MAIN ST ASPEN CO 81611 Phone ( ) Address Applicant 0 Owner is appkant? Q Contractor is applicant? Last name DAVID JOHNSTON ARCHITE First name 418 E COOPER AVE 2068 Phone ( - Cust # 23371 Address ASPEN CO 81611 Lender • Last name First name 1 Phone ( ) - Address Displays the permit lender's address p ail ,,,. ,,,, ;l , ; ,ii,,,g :,A, 44 -, a,,,;r+ ajtit,rm, AspenGod5 (server) angelas r 1 d 1 (2S° ' Ov Pha C/tb5i6 $ 1,1A, ��