HomeMy WebLinkAboutLand Use Case.1034 E Cooper Ave.0025.2011.ASLU THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0025.2011.ASLU
PARCEL ID NUMBER °1 7-37- I b i 13 ? 0 0
PROJECTS ADDRESS 1034 E. COOPER ST
PLANNER JESS GARROW
CASE DESCRIPTION STREAM MARGIN
CL.AIR
REPRESENTATIVE CHATEAU EAU
DATE OF FINAL ACTION 5.31.11
CLOSED BY ANGELA SCOREY ON: 8.12.11
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Routing Status 1Fee s 1Fee Summary \ Main Actions 'Attachments Routing History ! Valuation 1ArchfEng !Custom Fields i Sub Permits 1 ■
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2 Permit type 1as1u 11Aspen Land Use Permit # 10025.2011
Address '1034 E COOPER PIE 1 Apt/Suite 1#28 1
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g_ City 'ASPEN \ State 100 1 Zip 181611 1
Permit Information
0 , Master pert \ I Routing queue laslu07 1 Applied 15)2)2011 1
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z Project 1 1 Status !pending 1 Approved
9- 1
g Description STREAM MARGIN EXEMPTION Issued \
Final 1 ■
Submitted 1SETH HMIELOVVSKI 920 2000 \ Clock \Running 1 Days 1 0 1 Expires 14/26/2012
Submitted via 1 11 1
Owner P.
Last name !CHATEAU EAU CLAIRE ca 1 First name 1C/0 ASPEN LODGING CO 1 747 S GALENA
ASPEN 00 81611
Phone 1(970) 925-2260 1 Address
Applicant
El Owner is applicant? El Contractor is applicant?
Last name 1FRIAS PROPERITES 1 First name 1 1 709 E DURANT AVE
. 1
ASPEN 00 81611
Phone \i, ) - 1Cust # 121178 1 Address
11 Lender
Last name 1 1 First name 1
Phone 1( ) - I Address
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
A / ` 4
ASPEN LAND USE CODE
ADDRESS OF PROPERTY: a T /a C ` /
a/
Aspen, CO
STATE OF COLORADO ) •
) ss.
County of Pitkin )
I G (name, please print)
being or reprenting an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) or Se ion 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. calviriet—
• Signature
The foer going "Affidavit of Notice" was acknowledged before me this day
of �.,..sz__ ,20(I,by !_ _
WITNESS MY HAND AND OFFICIAL SEAL
P LICN TICE
DEVELOPMENT eBOa .4 t
Notice is hereby h general sit given eneral I public of and
My commission expires:
approval of f a a site este i eve rl9ht t plan, and
the Land n vest oCity 0 right pursuant tq
24 A j of a 8, Colorado revised Statutes �'
pertaining to e following le gally describe
propehy: Chatea Eau Claire known isn, Aspen.
CO, the property commonly known as Chateau No Public
Eau Clair at 1034 E Cooper Ave, by order of me
Department p on May 24, 2011 D Development
2011. The Applicant
reed ppro for n a Exemption from ream
Margin ceiv Be end val an Exception tor Chateau Eau
Claire Condominiums for construction of
accesaibilily improvements, including stairs and ATTACHMENTS:
elevators. For at h City of Aspen Community COPY OF THE PUBLICATION
Development Dept. S. Galena St, Aspen,
Colorado (970)429-2780.
s/ City of Aspen
Publish in the Aspen Times Weekly on June 5,
2011. [85743191
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order ", is hereby issued pursuant to Section 26.304.070,
"Development Orders ", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen
Municipal Code. This Order allows development of a site specific development plan pursuant to the
provisions of the land use approvals, described herein. The effective date of this Order shall also be the
initiation date of a three -year vested property right. The vested property right shall expire on the day after
the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to
Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City
Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall
remain in full force and effect, excluding any growth management allotments granted pursuant to Section
26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of
this Order.
This Development Order is associated with the property noted below for the site specific development
plan as described below.
Property Owner's Name, Mailing Address and Telephone Number
Chateau Eau Claire Condominium Association, 730 E Durant, Aspen, CO 81611, 970 - 920 -2000
Legal Description and Street Address of Subject Property
Chateau Eau Claire Subdivision, Aspen, CO
Written Description of the Site Specific Plan and /or Attachment Describing Plan
Stream Margin Exemption and Exception for Building Code Compliance for floor area. Approval grants
the ability to construct a new accessible elevator and reconstruction two exterior staircases.
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
Administrative approval by the Community Development Director for a Stream Margin Review and
Exception for Building Code Compliance, issued on May 24, 2011.
Effective Date of Development Order (Same as date of publication of notice of approval.)
June 5, 2011
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and
revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.)
June 5, 2014
Issu is 5th day of June, 2011, by the City of Aspen Community Development Director.
Chris Bendon, Community Development Director
e"° RECEPTION #: 580192, 05/2P at
11:50:48 AM,
1 OF 3, R $21.00 Doc Code APPROVAL
.Janice K. Vos Caudill, Pitkin County, CO
NOTICE OF APPROVAL
For an Exemption to Stream Margin and an Exception for Building Code Compliance at
1034 E. Cooper Ave, Chateau Eau Claire, Legally Described as Chateau Eau Claire
Subdivision, Aspen, CO
Parcel ID No. 2737-181-13-800
APPLICANT: Chateau Eau Claire Condominium Association, 730 E Durant Ave,
Aspen, CO 81611
SUBJECT & SITE OF AMENDMENT: Exemption from Stream Margin Review and an
Exception for Building Code Compliance for Floor Area for the Chateau Eau Claire
Condominiums, involving the construction of accessibility improvements, including stairs and
elevators. The applicant is requesting an Exemption to Stream Margin Review, pursuant to Land
Use Code Section 26.435.040.B.3, and an Exception for Building Code Compliance, pursuant to
Land Use Code Section 26.575.020.L.
SUMMARY: The Applicant has requested an Exemption to Stream Margin and an Exception
for Building Code Compliance in order to replace the existing stairs with stairs that meet current
building codes and to install an elevator that meets accessibility standards.
Chateau Eau Claire is zoned RMF (Residential Multi- Family) with 29 multi - family residential
units, and is currently non - conforming in terms of floor area. The building has three access stairs
located on the western side of the building that provide access. These stairs do not provide ADA
access. The Applicant is proposing to replace the middle staircase with an elevator meeting
accessibility standards. The other stairs will remain to provide code - compliant exiting. The
elevator will add approximately 266 sf. of Floor Area to the building, resulting in a total Floor
Area of approximately 34,081 sf and 4,541 sf of exempt deck/exterior walkway/balcony space.
The allowed FAR for this parcel is 1.25:1, resulting in an allowance of 32,227.5 sf of floor area
and 4,834.13 sf of exempt deck/exterior walkway/balcony space. The river is located on the east
side of the property. All work to accommodate these improvements is on the west side of the
property.
STAFF EVALUATION: Staff finds that the request meets the requirements of an Exemption to
Stream Margin and an Exception for Building Code Compliance. The proposal will provide
improvements that meet building codes and improve the accessibility of the property. The new
elevator will meet all height requirements in the zone district, and minimally impact the existing
footprint of the building.
DECISION:
The Community Development Director finds the request to add an accessible elevator and
bring stairs up to building code compliance as noted above and in Exhibit `B' is consistent
with the review criteria (Exhibit B) and thereby, APPROVES the exemption as specified
below.
pg. 1
•
1. The new elevator and stairs shall meet the height requirements of the zone district.
2. The Applicant shall submit a revised lighting plan for the entire property as part of
the Building Permit Application to ensure compliance with the City's lighting
standards. Compliance with the lighting standards shall be reviewed by the Zoning
Officer.
APPROVED BY:
� 2g 2011
Chris : endon Date l
Community Development Director
Attachments:
Exhibit A — Approved Site Plan
Exhibit B - Review Standards
pg. 2
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Exhibit 13
Sec. 26.435.040. Stream margin review.
B. Exemptions.
3. The expansion, remodeling or reconstruction of an existing development provided the
following standards are met:
a. The development does not add more than ten percent (10 %) to the floor area of the
existing structure or increase the amount of building area exempt from floor area
calculations by more than twenty -five percent (25 %). All stream margin exemptions
are cumulative. Once a development reaches these totals, a stream margin review by
the Planning and Zoning Commission is required; and
The proposal results in a slightly larger footprint, but is within the allowed 10%
calculation (existing Floor Area is 33, 815sf, and proposed increase is approximately
266 sf = an increase of approximately 0.8 %). Staff finds this criterion is met.
b. The development does not require the removal of any tree for which a permit would
be required pursuant to Chapter 13.20 of this Code.
The applicant is working with the Parks Department regarding all tree mitigation.
No trees along the river are being removed. Minor landscaping changes are
proposed for the western side of the building. Staff finds this criterion is met.
c. The development is located such that no portion of the expansion, remodeling or
reconstruction will be any closer to the high water line than is the existing
development;
The proposal does not impact the eastern side of the building, which is where the
river and high water line are located All work is on the western side of the building.
Staff f nds this criterion is met.
d. The development does not fall outside of an approved building envelope if one has
been designated through a prior review; and
There are no approved building envelopes for this parcel. This criterion is not
applicable.
e. The expansion, remodeling or reconstruction will cause no increase to the amount of
ground coverage of structures within the 100 -year flood plan.
The proposal does not increase the amount of ground coverage of structures within
the 100 -year flood plain. Staff finds this criterion is met.
pg. 3
Sec. 26.575.020.L, Exceptions for Building Code Compliance.
L. Exceptions for Building Code Compliance. The Community Development Director may
approve exceptions to the dimensional restrictions of this Section to accommodate improvements
required to achieve compliance with building, fire, or accessibility codes in or on existing
buildings when no other practical solution exists. The Community Development Director must
first determine that the visual impact of the exemption is minimal and that no other reasonable
way to implement code compliance exists. The Director may require notice be provided to
adjacent landowners. Approval shall be in the form of a recordable administrative decision.
The Applicant is proposing to increase general building code compliance and compliance with
accessibility codes. Currently there are now accessible entrances to the building. With this
proposal, a new accessible elevator will be built by removing one of the existing stairwells. Staff
finds this criterion is met.
pg. 4
�^ 'ti
0
RECEIVED
THE CITY OF ASPEN MAY 11 2011
Land Use Application CITY OF ASPEN
Determination of Completeness COMMUNITY DEVELOPMENT
Date: May 5, 2011
Dear City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 0025.2011.ASLU — 1034 E. Cooper (Chateau Eau Claire).
$ Your Land Use Application is incomplete:
We found that the application needs additional items to be submitted for it to be deemed
complete and for us to begin reviewing it. We need the following additional submission
contents for you application:
1) The application needs a current ownership and encumbrance report (no older than 6
months) or, which may be easier based on the number of unit owners, a letter from a licensed
Colorado attorney listing the names of all owners of the property, mortgages, judgments,
liens, easements, contracts and agreements affecting the parcel.
2) A letter from someone within the HOA, not the property manager, with the authority to
authorize Z Group Architects to represent the HOA.
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the
land use application.
❑ Your Land Use Application is complete:
If there are not missing items listed above, then your application has been deemed complete
to begin the land use review process.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429 -2759 if you have any
questions.
That
jomm
You,��
`.fenntfer Phelan, Deputy Director
City of Aspen, Community Development Department
For Office Use Only: Qualifying Applications:
Mineral Rights Notice Required SPA PUD COWOP
Yes Noy Subdivision (creating more than 1 additional lot)
GMQS Allotments Residential Affordable Housing
Yes No Commercial E.P.F.
CHATEAU EAU CLAIRE CONDOMINIUM ASSOCIATION
730 East Durant Avenue
Aspen, CO 81611
May 9, 2011
City of Aspen
Planning Department
130 W. Galena Street
Aspen, CO 81611
To Whom It May Concern:
The Chateau Eau Claire Condominium Association located at 1034 E. Cooper
Avenue in Aspen authorizes Z -Group Architects to act on their behalf regarding the Submission
of the Stream Margin Exemption Application and the FAR Exception for Building Code
Compliance Application.
CHATEAU EAU CLAIRE CONDOMINIUM
ASSOCIATION
By:
(tom -L % K w L! 6-r
Thomas M. Higgins, AI. I'n. i,icut
NEILEY 8 ALDER
ATTO RN EYS
Mane RICHARD Y- lNrIi.t.Y.IP
U North , Cotillncnrt, Nuitr tc:a JOHN i . NI. I IS (en Spnn;e Cc rd,81601
rrn, Colo/min titbit Ia, e) 0..9 -9393
t9 1 9=5 - 9393
Fax Fax (rn) 9`8 -93
Ore) ta u 43
January 28 2011
Drew Alexander. Planner
Aspen Community Development Department
130 South Galena Street
:Aspen. Colorado 81611
Re: Chateau Eau Claire rer nation project, I0;4 East Cooper Asenue
Residential design variance; case number:
Dear \Tr. Alexander:
This office represents the Chateau Tau Claire Condominium .Ass lei tion. Inc , the
applicant under the above- referenced City of Aspen case number. The purpose of this let.ct is to
provide disclosure of ownership as required by your email of January 17. 011 to 2iin hdloc at
7 -group Architects. who is working on the project on behalf of the applicant. i am an attorney'
licensed to practice law in the State of Colorado. In preparing this letter. I have reviewed the
records maintained by the Pitkin County Clerk & Recorder and Assessor's Office. I have also
reviewed the Condominium P at and Declaration for Chateau Eau Claire Condominiums. Per
paragraph 3.4 of the Declaration. the "General Common Element~ " are ow ned in common by all
of the owners of the individual units, and the General Common Elements are nonnntinonahk:.
There are a total of thirty units in the complex and the ow ners thereof are identified on the
attached schedule.
The proposed renovation work will be done entirely within :he Genera: Comm
Elements and vv111 not affect the individual condominium unite. There are no liens or
encumbrances of record which affect the Genera; Common Elements. Furthermore- there are no
easements affecting the subject real property that would impair or preclude the first: i:Mon of the
work as proposed g, posed within the General Common Elements. A special meeting was held on
P.ecemhe• 28. 2014) at which the approval of the Chateau Fan Claire owners I; r tote nrnposed
mutt ati0n work was obtained. A copy of the minutes or that I uul w hrs heen supplied with
this variance application.
There are no judgments. liens, easements. contracts or agreements attcctint the
subject real property that would preclude the work as proposed. There are no .inctmtent; of
ceord that require the consent of anv third party for the wort: as proposed.
.\„
Leiter to Mr. Alexander
Januar) 28. 2011
PaLZC 2
11-sed. upon Ttly reVb.r.. of 'he itecitidt related le the: prepervi Itsidintied the
documents identified above, it is my conclusion Mat my client has obtained :ill necessary
consents and approvals to proceed with the project as proposed, tillhieet TO 111C VS1.:710; of land
use approvals and a building permit or permits Man the City of Aspen.
If you need any additional information regarding this rna please do not
hesitate to contact me.
Very truly vours.
NFILIHN te ALDER
•
iyrfine M. Alder
N1 A, aglii
enclosure
CC Chateau Eau Claire Condominium Association. I mi.
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Sharon McPhee Jerry Pornoy Wier ainily Colorado Limited
43/19 Mafia Street AN, #463 P.O. Boy. 44429 Partnership
Honolulu, 111 90121 Eden Prairt. -31344 1419 Alin: Jodi and lallky
7S96 Wrangler', Retreat
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Dena, CO 80201 oro Hanna, liutins 111
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F Fountain Manor Drive John Harri,
atreensboro. NC 27405 l'aracapan Partner:
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1536 Wynkoop. St 13100 4280 utionin Road
Sarlurd and Lindy Kahn Denaer CO 031i:1-2505 Nutria's. (i,\ 741092
6717 Vantierhik
11ouston. TX 7 16 1t!
Carol Pennant RilTh fiitoinan
4307 Armstrong liktat 452 IX ;dim! Street
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Frances Porter Smith. Bermuda 11(2 605 E. Rchin,oil Street Suite 500
113 Meadow 1 311C 1,11161, L ):811
Hunting Valley. 011 44022 18
Dr. Sang and Ana 1 lann 28
1 1 . 555 Maytioater Rd Monica Mar in
Nlichaei ikandzas Lake Forest IL 60045 301 E. 70th St. Arg 55P
123 29th Street Nut Yu', 1(1075-0)S0
Ilermosa Beach CA 90254
Frank J. Gleason Jr nO
235 Overland Dna v Nefigh C. Come,
Joanne GiorgiotArnoid Vail Flees Sidney:, 01-1 45363 112 Fast L upine ihMc
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17240 Lechlade La. Skippack. PA 19474
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1
THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: May 5, 2011
Dear City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 0025.2011.ASLU — 1034 E. Cooper (Chateau Eau Claire).
) 4Your Land Use Application is incomplete:
We found that the application needs additional items to be submitted for it to be deemed
complete and for us to begin reviewing it. We need the following additional submission
contents for you application:
1) The application needs a current ownership and encumbrance report (no older than 6
months) or, which may be easier based on the number of unit owners, a letter from a licensed
Colorado attorney listing the names of all owners of the property, mortgages, judgments,
liens, easements, contracts and agreements affecting the parcel.
2) A letter from someone within the HOA, not the property manager, with the authority to
authorize Z Group Architects to represent the HOA.
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the
land use application.
❑ Your Land Use Application is complete:
If there are not missing items listed above, then your application has been deemed complete
to begin the land use review process.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429 -2759 if you have any
questions.
Th. .You,
..L/ .
- nnifer Phelan, Deputy Director
City of Aspen, Community Development Department
For Office Use Only: Qualifying Applications:
Mineral Rights Notice Required SPA PUD COWOP
Yes Noy_ Subdivision (creating more than 1 additional lot)
GMQS Allotments Residential Affordable Housing
Yes No Commercial E.P.F.
cr- A
P R O P E R T I E S
S OF ASPEN
�
April 29, 2011
City Of Aspen
Planning Department
130 South Galena St.
Aspen, CO 81611
To Whom It May Concern:
I am writing to you on behalf of the Chateau Eau Claire Condominium Association
located at 1034 East Cooper Avenue in Aspen. The Association authorizes Z Group
Architects to act on their behalf regarding the submission of the Stream Margin
Exemption application.
Siprely.
Padraig Allen
Association Pro erty Manager
Frias Properties of Aspen
970 -429 -2436
REAL ESTATE PROPERTY MANAGEMENT VACATION RENTALS SINCE 1974
730 East Durant Aspen, CO 81611 970 920 2000 fax 970 920 2020 800 633 0336
Reservations @FriasProperties.com FriasProperties.com
r
rem en "Th
c 21
CITY C ` `I 4
CITY OF ASPEN
COMMUNTI lE `'G J r :t .T
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Jennifer Phelan, 970.429.2759 DATE: 4/26/11
PROJECT: 1034 E. Cooper, Chateau eau Claire
REPRESENTATIVE: Seth Hmielowski
TYPE OF APPLICATION: Stream Margin Exemption
DESCRIPTION:
The HOA is interested in an exterior remodel of the existing multi - family structure as well as certain
landscaping changes. The current building is situated on the bank of the Roaring Fork river, while
the balance of the building, parking area and landscaping sit away from the river.
The applicant will need to meet section 26.435.040 (B), Exemptions, to undertake the project. One
standard, removal of trees, shall be waives as long as the Parks department approves the permit
request as the building is closer to the river than the existing landscaping.
Below is a link to the Land Use application Form for your convenience.
http: / /www.aspenpitkin.co m/Porta is /0 /docs /City /Comdev /Apps %20and %2OFees /la nd useappform.p
df
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.435.040 Environmentally Sensitive Areas — Stream Margin
Follow link below to view the City of Aspen Land Use Code
http: / /www.aspenpitkin. co m /Departments /Comm un itv -Deve lopme nt/Plann inq- and -Zon ing/Title-
26- Land - Use -Code/
Review by: Community Development Staff
Public Hearing: None
Planning Fees: $735.00 for administrative review. Additional time over three (3) hours
will be billed at $245 per hour.
Total Deposit: $735.00 (fee changes become effective 11/1/11)
Total Number of Application Copies: 2, 1 set of full size plans
To apply, submit the following information:
Total Deposit for review of application.
n Pre - application Conference Summary.
n Applicant's name, address and telephone number, contained within a letter signed by
the applicant stating the name, address, and telephone number of the representative
authorized to act on behalf of the applicant (letter from the HOA).
CI Street address and legal description of the parcel on which devebpment is proposed to
occur, consisting of a current certificate from a title insurance company, or attomey
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.
0 A site improvement survey including topography and vegetation showing the current
status of the parcel certified by a registered land surveyor, licensed in the State of
Colorado.
0 A site plan depicting the proposed layout and the project's physical relationship to the
land and its surroundings.
0 Completed Land Use application and signed fee agreement.
0 An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen.
2 copies of the complete application packet and maps.
n A written description of the proposal and a written explanation of how a proposed
development complies with the review standards relevant to the development application
§ 26.435.040.B., Stream Margin Review Exemption.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary
is based on current zoning, which is subject to change in the future, and upon factual
representations that may or may not be accurate. The summary does not create a legal or
vested right.
A ZCIIOE T2— LAliOUSEAPPL.ICIMN
r
Naar Chateau Eau Claire
Iaad io¢ 1034 E. Cooper, Aspen, CO 81611
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AMICAlen
Nau Chateau Eau Claire Condominium Association
Add 1034 E. Cooper, Aspen, CO 81611 $
Phr x: r 2 9 2011
CITY OF ASPEN
Rnt irtiavi: C!>w 4UMTY DEVELOPMtN,
Near Z -Group Architects /Seth Hmielowski
Add 234 E. Hopkins Ave, Aspen, CO 81611
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28 unit, (4) four story condominium complex, built in 1972 with stucco finish and three open
steel stairs for unit access.
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Proposal replaces 2 of the 3 exterior open steel stairs with new timber and concrete tread
stairs with added roof and the 3rd is replaced with an exterior elevator
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and akTied Rd d Peg- .
(hereinafter APPLICANT) AGREE AS FOLLOWS:
I . APPLICANT has submitted to CITY an applicatioQn for
5t wt MA(2410 fgeAtP11btU
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land
Use applications and the payment of all processing fees is a condition precedent to a determination of application
completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and /or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning
Commission and /or City Council to enable the Historic Preservation Commission, Planning and Zoning
Commission and /or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of $ / s5. ✓ which is for _ 3 hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00
per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and
in no case will building permits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN APPLICANT
By: By: � 4
Chris Bendon
Community Development Director Date: A' 21. • 11
Billing Address and Telephone Number: - `
Zi*5 ' i It - Ln data)
:r] P
Astcrpo CO (sll.4 )
et-olzo.
KIM Z -Group Architects
234 East Hopkins Avenue Aspen, Colorado 81611
a r c h i t e c t s Telephone 970 -925 -1832 FAX 970 - 925 -1371
Date: April 29, 2011 Client: Chateau Eau Claire
Project Name: Chateau Eau Claire Client Contact: Don Reinarz
Project No.: 0817 Requested By:
Project Contact: Seth Hmielowski
CHATEAU EAU CLAIRE STREAM MARGIN EXEMPTION: WRITTEN DESCRIPTION
The Chateau Eau Claire Condominium complex has applied for a building permit to renovate
and upgrade the exterior of the existing building. The renovation includes new exterior siding,
new guardrails, new windows in most locations, replacing two of the three existing stair towers
with new code compliant stairs towers and replacing the third stair tower with a new elevator
to help with accessibility as well as emergency response.
The complex is adjacent to the Roaring Fork River; however the new stair and elevator towers
are located on the opposite side of the building away from the river and are being rebuilt in
the same locations as the existing structures.
Sec. 26.435.040 (B) Exemptions.
The Chateau Eau Claire Condominium renovation meets the criteria outlined in the
following Land Use Code:
1. The renovation does not add any additional square footage. The scope
of the project includes removing a 67 square foot, above grade
mechanical room and adding two below grade mechanical rooms at 22
square feet total. The rest of the renovation will be done within the 15%
allowable exterior deck and balcony square footage.
2. The new stair towers and the new elevator tower will require three existing
trees to be removed. However we have received approval from the
Parks Department to remove them.
3. There will not be an increase in erosion due to the renovation. Any
existing retaining walls removed are being replaced with new concrete
retaining walls or specimen boulders. No new additional retaining is
needed.
4. The Chateau Eau Claire HOA has no problems with this.
END OF WRITTEN DESCRIPTION
Chateau Eau Claire Roof height Variance: Written Description January 24, 2011
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