HomeMy WebLinkAboutLand Use Case.814 W Bleeker St.0051.2011.ASLU THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0051.2011.ASLU
PARCEL ID NUMBER 2735 123 11 001
PROJECTS ADDRESS 814 W BLEEKER ST
PLANNER DREW ALEXANDER
CASE DESCRIPTION PUD AMENDMENT
REPRESENTATIVE ED STIENBURG
DATE OF FINAL ACTION 08.16.11
CLOSED BY ANGELA SCOREY ON: 10.20.11
4-'
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26304.070 AND CHAPTER 26306
ASPEN LAND USE CODE
ADDRESS OF PROPERTY: l/ / ,'I/ac 84 M
Aspen, CO
STATE OF COLORADO )
) s s .
County of Pitkin )
I Sir (name, please print)
being or representi an Applicant to the City of As en, 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.
5 4- . cea `1
Signature
The foregoing "Affidavit of Notice" was acknowlea ;ed before me this 3 day
of alt r , 20 / /,by _94 -=/ S' ' .
FUBIICNOTIC WITNESS MY HAND AND OFFICIAL SEAL
ELDPME the APPROVAL
N e er e b y given to the general public of thd e 1,1o15
a vat of a site speif ic De e e velopme pa, n 1 /1
the Lantl Use Code of�t he Ci nght nf pursu a to /( I
24, An 88, Colorado aily described G 5 atulesand idle My commisslo s:
ing to the toll Color le ae Pedein- ps-
Area ision: Aspen VillPitkas; Oescdponl: Coradmmon I// 'k"
Area. Aspen, in n as 8 , C th
Street, Aspen Co
Stoperty City como1 monly known as 814 order Sle of eke
, lorado, 81611, by or the
City of Aspen Community Development Director on 41. tar Public
September 26th, 2011. The Parcel Id A for the
cant recejyed a a 2] 3 6 traey -801. The App6- /
cant received an a dministrative a
substantial ers A mendment. IDpprovl
eear an In-
rants
all unit owners the abi6 grants .
arearewinta egress welts t P mnef bWdI�izontal ( C e
remts. additional floor area from th
i ese
requi Tl
he _adher ene nt The �°nnato comet Drew and ATTACHMENTS: y /q ` ; _it 429-2739Ga ena St, Aspen, eve et anontoe COPY OF THE PUBLICATION t ''F ;
f A
l ty n %%∎ COLOR*
06 56565 26 NV —
m The A Times on October 2, 2011.
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
Sleeker Place Townhomes HOA, 814 W. Bleeker Street, Aspen, CO 81611, (303) 883 -3908
Legal Description and Street Address of Subject Property
• Subdivision: Aspen Villas; Description: Common Area
• 814 W. Sleeker Street, Aspen, CO 81611
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Administrative PUD approval which grants ability for all unit owners to expand the size of egress
window wells. This provides building code compliant egress for the units and an approved
increase to residential floor area.
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
Insubstantial PUD Amendment, granted administratively by the Community Development
Director on September 26 2011.
Effective Date of Development Order (Same as date of publication of notice of approval.)
October 2, 2011
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26308.010 of the City of Aspen
Municipal Code.)
October 1, 2014
Issue s % is 26 h'" d of September, 2011, by the City of Aspen Community Development Director.
Chris Bendon, Community Development Director /
(tc
SS 30%
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NOTICE OF APPROVAL
For an Insubstantial PUD Amendment to the Aspen Villas PUD, Common Area, also
known as 814 W. Bleeker St. or the Sleeker Place Townhomes
Parcel ID No.: 2735- 123 -11 -801.
APPLICANT: Bleeker Place Townhomes HOA
814 W. Bleeker St.
Aspen, CO 81611
REPRESENTATIVE: Ed Steinberg
1068 Holly St.
Denver, CO 80220
SUBJECT & SITE OF
AMENDMENT: Common area of the Aspen Villas PUD, located at 814
W. Sleeker St.
SUMMARY:
The applicant requests an Insubstantial Planned Unit Development (PUD) Amendment to
increase the approved floor area of the development. The revision will document changes to
floor area as a result of increased window well depth. Vertical exposure (or depth) of the
window wells will be increased so that building code standards can be met for emergency egress.
This increased depth would provide the ability for larger windows than what exist today.
STAFF EVALUATION:
The proposed floor area amendment to the Bleeker Place Townhomes (the PUD) represents an
increase of public health, safety, and welfare. The PUD, with spaces below grade functioning as
bedrooms, is currently at risk with the lack of building code compliant egress. Granting this
floor area amendment will ensure that in the event of emergency, residents of the PUD will have
building code compliant egress from these below grade spaces.
The 2003 International Building Code (IBC) should direct this amendment and the enlargement
of the window wells should satisfy its specific standards. The applicant, represented by architect
Graeme Means, has requested a window well vertical exposure of 14.4 square feet. This size is
compliant with IBC standards, and matches previous window well expansions that were
completed prior to this formal request. A number of the units in the PUD have three window
wells per unit, and some have four. The applicant has requested that three window wells per unit
be permitted to expand to the 14.4 square foot size. This represents a 43.2 square foot exposure
for each unit for the purposes of enlarged window well egress.
The IBC minimum opening height of an emergency egress is 24 inches with a minimum opening
width of 20 inches. This standard requires a window with an opening of at least 3.66 sq. ft. in
area. The requested 14.4 square foot request is more than enough to satisfy this requirement.
Page 1 of 3
0
Means completed a floor area calculation of the site reflecting existing conditions and changes
due to the proposed amendment. The existing floor area for the PUD is 29,165 sq. ft. This
includes the residential units, the addition of a storage shed, various deck enclosures', and a sub -
grade calculation. The revised floor area, reflecting the desired window well expansion, would
be 29,827 sq. ft. This floor area amount also allows for owners who haven't acted on the
previous deck enclosure approval to enclose their decks. The PUD is located in the R/MF zone
with a density of 1 unit per 3,126 square feet of lot area. This density permits a floor area ratio
of .75:1. With a lot size of 81,300, this FAR provides a total allowed floor area of 60,975 square
feet, which is well above the currently requested amount.
DECISION:
The Community Development Director finds the Administrative Application for an
Insubstantial PUD Amendment as noted above to be consistent with the review criteria
(Exhibit A) and thereby, APPROVES the request with the following conditions:
1. All work involving window well expansions (horizontal or vertical) shall require a
building permit.
2. Window well expansions on the western portion of the lot shall not extend into the
established trail easement (as indicated on the revised plat).
3. Any window well expansion into the recorded setbacks (Book 4, pg. 536) shall be the
minimum necessary as outlined by the building code in effect at the time of building
permit submittal.
4. The 43.2 square allotments for vertical exposure of window wells may be combined
or used in a way best suited to meet building code compliance. For example, if a
below grade space requires emergency egress, the owner of the space may make a
window well with more than 14.4 sq. ft. of vertical exposure only if a) the gross
amount of window well area for the unit remains below 43.2 square feet, b) the
owner has received HOA approval for the work, and c) the work complies with
conditions 1 -3 above.
5. If an owner of a unit expands a window well, he /she shall be responsible for any
consequential impact fees.
APPIjQ D BY:
�c /- Zf° to //
Chris Bendon, Community Development Director Date
Attachment:
Exhibit A: Review Criteria
'Community Development issued an insubstantial PUD amendment on November 11, 1992 to allow for the
addition of a 330 sq. ft. storage shed and 48 sq. ft. deck enclosures for each of the 26 units.
Page 2 of 3
EXHIBIT `A'
Section 26.445.100 Amendment of PUD development order
A. PUD Insubstantial Amendments. An insubstantial amendment to an approved
development order for a final development plan may be authorized by the Community
Development Director. The following shall not be considered an insubstantial
amendment:
1. A change in the use or character of the development.
There is no change in the use of the development and the window wells are existing,
therefore there is not a change in character.
2. An increase by greater than three percent (3 %) in the overall coverage of structures
on the land.
The there is no increase in coverage.
3. Any amendment that substantially increases trip generation rates of the proposed
development or the demand for public facilities.
Trip generation and demand for public services will not be impacted by this
amendment.
4. A reduction by greater than three percent (3 %) of the approved open space.
This amendment does not approve a reduction in approved open space.
5. A reduction by greater than one percent (1 %) of the off - street parking and loading
space.
There is no change in the parking /loading space.
6. A reduction in required pavement widths or rights -of -way for streets and easements.
There is no change in the ROW's widths, streets or easements.
7. An increase of greater than two percent (2 %) in the approved gross leasable floor area
of commercial buildings.
There is no gross leasable floor area.
8. An increase by greater than one percent (I%) in the approved residential density of
the development.
There is no increase in residential density.
9. Any change which is inconsistent with a condition or representation of the project's
original approval or which requires granting a variation from the project's approved
use or dimensional requirements.
The change is consistent with the approved use and does not require a dimensional
variation.
Page 3 of 3
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Aspen Villas Second Amendment
- Include Legend of symbols in site plan sheet.
- Use two (2) COA GPS control points, dated 12 -2 -2009 on the engineering website, for your basis
of bearing. Please also include related survey information in the site plan and surveyor's notes.
- Show all surveyed COA GPS monuments and ties to property within the site plan.
- Supply property boundary ties to all the buildings located within Aspen Villas Subdivision plat.
- Ensure all easements are labeled and add reference numbers. Include encroachment and
reference number for LCE area and any other area encroaching the public ROW.
- Provide a Legal Description of the property.
- Supply ties from all buildings to boundary of property.
(Review by GCS on 8/15/11)
RE CEIVE°
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TY C C ry EIOPM�T
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West Bleeker Place Condominium Association
AKA...Aspen Villas Condominium Association
August 15, 2011
To the Community Development Department:
The following is submitted in partial fulfillment of the requirement for a
Development Application pursuant to Section 26.304.030(B) of the City of Aspen
Municipal Code.
I hereby certify that:
1. I am authorized to make the representations contain herein by virtue
of the Association Bylaws.
2. All owners of the parcels within the PUD have received written notice of
the Development Application submitted to the Community
Development Department.
I hereby certify that the above listed statements are true and correct to the
best of my knowledge.
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THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: August 1, 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 0051.2011.ASLU — 814 W. Bleeker. The planner assigned
to this case is Drew Alexander.
❑ 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:
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,
ennifer Phe gl Deputy Director
City of Aspen, Community Development Department
For Office Use Only: Qualifying Applications:
Mineral Rights Notice Required SPA PUD COWOP
Yes No k Subdivision (creating more than 1 additional lot)_
GMQS Allotments Residential Affordable Housing
Yes No Commercial E.P.F.
Insubstantial PUD Amendment
814 West Bleeker Pl.
Aspen Villas Townhomes
Aspen, Colorado 81611
Diversified Services
814 West Bleeker P1. Unit A -1
Aspen, Colorado 81611
970 - 920 -2089
RECEIVED
JIII 272011
CITY Cr ASPEN
COMMUNITY DEVELOPMENT
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Index
1. Proof of Ownership
2.Land Use Application, Fee Agreement
3.Pre Application
4.HOA Consent, Representative Authorization
5.Title Documents
6.Location Map
7.Application Description
8.FAR Information
9.Survey Documents.
4
4
p
Property Owners
UNIT A -l- EDWARD M. STEINBERG AND TOMI ANNE STEINBERG
UNIT A -2- SCOTT L. LASSER AS TRUSTEE OF THE BELL MOUNTAIN TRUST UNDER AGREEMENT
UNIT A -3- MICHEAL E. HEISLEY, MICHEAL E. HEISLEY 1994 TRUST
UNIT A-4- JOHN G. LEWIS AND JACQUELINE L. LARNER
UNIT A -5- KAREN L. KURTZ, KAREN L. KURTZ PERSONAL RESIDENCE TRUST
s UNIT A-6- MICHEAL E. HEISLEY, MICHEAL E. HEISLEY 1994 TRUST
UNIT B -1- THE SOLEIL MOSCONA TRUST
UNIT B -2- SUSANNAH THULSON
UNIT B -3- ALEJANDRO TOPELSON
UNIT 13-4- TONG KHON LUU AND TUYET LE TRAN
UNIT B -5- DAVID R. SHERIDAN II AND MYCHAL B. MANIE
UNIT B -6- WEST END PROPERTY LLC, A COLORADO LIMITED LIABILITY COMPANY
UNIT C -1- HONG HUONG TRAN
UNIT C -2- H4M REALTY, LLC
UNIT C -3- CLIFFORD MENDELSON AND TAMMY MENDELSON
UNIT C-4- SAMUAL KENNER AND SYLVIA BLAU
UNIT C -5- JENNIFER A. CROSSETT AND SHAWN P. MURRY
UNIT D -1- MINNESOTA MATERNAL -FETAL MEDICINE P.A. A PROFESSIONAL CORPORATION
UNIT D -2- RICHARD C. NAFTALIS AND ELIZABETH Z. NAFTALIS
UNIT D -3- SCOTT GELLER
UNIT E -1- JOHN WEIHE
UNIT E -2- LEXI MCNUTT AND RAY MCNUTT
UNIT E -3- BRANDON COX AND DALE M. FERTIG
•A
UNIT E-4- ARETZ REALTY INC.
UNIT E -5- PAUL JEFFREY PAFFENDORF AND KIMBERLY LEVIN
UNIT E -6- KATHERINE GORDON
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENLTITY set ;,csi'aN
COMMUNITY DEVELOPMENT
Aareement for Payment f ofCity of Aspen Development Application Fees
1
i CITY OF ASPEN (hereinafter CITY) and t � C51" T)le,eVer Race - tai l � kh m a S
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for � A (� (P i
(hereinafter, THE PROJECT). / C (� I
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.
r
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 the 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 $ 1 S• 0 0 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 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
in no cast will building permits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN APPLICANT
By: By: tn. Pft R1 er,KPr PI TJ7 uunkbrne5
Chris Bendon
Community Development Director Date:
Billie Address and Telephone Number:
W e t t ' [ee , / h v I
• • .
.."MirS.ginti as
3
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`� RECP CIE®
i ATTACHMENT 2 —LAND USE APPLICATION VIII 2 7 2011
ItOJECT:
CITY Of- ASPEN
?lame: Aspen 4'; l I k' / Tn ti ni lil n nit COMMUNITY DEVELOPMENT
"Location: 75 t 4 W e t Neer 51. A � T) Yl , . el/011
(Indicate street address, lot & block number, legal description where appropriate)
parcel ID # (REQUIRED) '21 7)5' -1 2yi - 11 - 00 l
'APPLICANT:
)dame: W e_s-t P)leeX e r R1ace Tr:wit\ (nnvvie,e)
� . e.r t 9)11( L I
rtldaress: • . e� � . on �.�' ,. - • 3 0
shone #: 0: - l 11 1 V • • / - . we
aEPRESENTATIVE:
-lame: �.Ct ttein /-D IVe)( 1 -�ifin ') PXVI(.P3
^ 9514 West eil,,Ke r 3t. #A I , Aspn� , (0 , S/ /o I0
?hone #: ° I10 — ° '1 W - ` -0 C5
TYPE OF APPLICATION: (please check all that apply):
❑ ❑ a Conceptual PUD ❑ Temporary Use
❑ GMQS Allotment L
GMQS Exemption T / Final PUD C --- Text/Map Amendment
. ) ❑
❑ S Review ❑ Subdivisio❑ Conceptual SPA
❑ & SPA
ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (
Margin, Hallam Lake Bluff,
condominiumization) Amendment)
Mountain View Plane
❑ ❑ Lot Split ❑ Small Lodge Conversion/
Commercial Design Review Expansion
❑ ❑ Lot Line Adjustment 1:1 Other:
Residential Design Variance
❑ Conditional Use
„, EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
44
I
*PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
a 1 • Al • 0- mi i• ub • . 1 IS re ' °I• C 1
c
e ee, • -Qynrrn be1bi) 9 ride. ` 1- irocTI E r s ef DUE: s
*lave yo ttached the following?
Pre - Application Conference Summary
Attachment #I, Signed Fee Agreement
Response to Attachment #3, Dimensional Requirements Form
Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
3 -D Model for large project
All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text
:Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an
,.,electronic 3 -D model. Your pre - application conference summary will indicate if you must submit a 3-D model.
VJ
CITY OF ASPEN
PRE- APPUCATiON CONFERENCE SMEARY
PLANNER Jessica Gamow, 429 -2780 DATE 4.261011
PROJECT: 814 W. Sleeker, Aspen Vial isnbstanlal PUD Amencknent
REPRESENTATIVE AlexTopelson
Tel: 303 0452
y
DESCRIPTION: have been made over the
A number d requests related b the Aspen Vas PUD (Flamed Develops
past 6 months. Various owners are ..reheated in ether increasing the size of the basement ightwells,
record ng the ighbvels, adding a bedroom b the basement, or a combination of the thee. Aid these
e for an
requests wi require a PUD Amendment Staff recommends that the enntre PUD cane in at o c ee PUD
Amandnent that ward rover air the requests. This pre- appicaiohh su a PUD wedgy. ti,
Amendment in mind. The Aspen Vies is zoned Residential Multi-Fanniy (IF) WM
The PUD Amendment is needed b amend the bedroom count and b address charges to the floor.
changing the ightwel configurations wi not increase the footprint or actual SS of the battings, it will
increase the amount of space that is counted in floor area The final subdivision plat (recorded in 1975 at
Book 4 Page 519 — 520) states there as 26 2- bedroom units and 40 parking spates An insubstantial PUD
Amendment was approved in 1994 teat changed the abatable tbor area to 27,370 sq fit b enable the
construcio n of a new shed and b enable each u k b endose dedc spaces off d their cling rooms (recorded
in 1994 at Book 34 Page 26). My change b these dimensions requiem a PIA amendment If bedrooms
were added b urls pre i3 sly, making the total more than 2 per uhr* those should be hcarpaaled i b this
PUD Amendment
Please note that ihaeasing bedrooms will bigger impact fees, inducing Perks, TDMUM Warty. and School
Lands Dedicate fee in feu.
Land Use Cade SecUarKs
Common non Review Procedure* 26.444 insubstantial Pip Amendment (A) Planned Unit Development —
26.710 Reside llulli-Farhhill (FUN) none district
26.710.090 �
http iIwww
Review by: - Staff for complete appirabon
- Referral agencies for iecmical considerations — Engineering, Parks, Fie, Butdsg
11) - Director of Conaway Development for administrative approvals
Planning Fees: $735 Deposit for 3 hours of stet fine (a kMional plaming Muss over deposit amount are
billed at a rate of $245ihour).
Total Deposit $735
(Please note that the fee schedules changes November 1, 2011. A copy of the fees that go into
effect on that deb are on arks at hrfir6berwr asthe
mat
To apply, submit the following information:
- 1. Taal deposit for review of the application.
2. Proof of mwiership.
•
3. Completed land Use Application Form.
4. A signed fee agreetttent.
5. A Pre-Application Conference Summary. (this document)
6. A letter from the HOA consenting b the application.
7. A letter signed by the appicant, with the applicant's name, address and telephone number in a
letter signed by the applicant which slates the nave, address and telephone number of the
representative authorized b ad on beheld** appicant.
8. Street address and legal descrSon of the parcel on witch development is proposed b occur,
cording of a current certificate from a tide insurance camera. or attorney loaned b pracice in
the State of Colorado, rising the names of all owners of the properly, and al mortgages,
judgments, lens, easements, contracts and agreements effacing the parcel, and demonstrating
the owners right b apply ix the Development Application.
9. An 812 by 11' viciriy map locating the parcel within the Ctiy of Aspen.
10. Existing and proposed site plan.
11. Site improvement survey that includes a1 existing natural and manmade features of the property.
12. A written and graphic desc4ition of the proposal and an explanabi m in mien, graphic, or model
form of how the proposed development complies veil the review standards relevant b the
development application. Please include existing conditions as well as proposed. Please provide
a Witten response b al applicable aitema.
13. Information related b Floor Area. including:
a) Existing FAR per Midas section 26575.020 Calculations and Measurements.
b) Previously Approved FAR per PUD
c) Proposed FAR
14. _5 __Copies of the complete application packet and maps.
Disclaimer.
The foregoing summary is advisory in niters only and is not Nixing on the Cdy. The summary is based
on current zoning, which is subject to change him future, and upon factual represeut4cris that may or
may not be accurate. The summery does not create a legal or vested right
,3
c
West Sleeker Place Townhomes
(aka, Aspen Villas Condo Assoc Inc.)
Located at:
814 W. Bleeker St.
Aspen, CO 81611
►
June 18, 2011
City of Aspen / Pitkin County:
Please be advised that this letter is intended as the HOA approval for the Insubstantial PUD Amendment
application for West Bleeker Place Townhomes.
y This letter also serves as the approval for Diversified Services to represent the association during the
application and approval process.
Diversified Services
Owner /Proprietor: Ed Steinberg
814 West Sleeker Street #A -1
Aspen, CO 81611
Phone: 970- 920 -2089
Sincerely, 7
1
y a Manie
West Bleeker Place President — 2011
tait
CERTIFICATE OF OWNERSHIP
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby
certifies that the following are the owners in fee simple of the following described property:
CONDOMINIUM UNITS A -1, A -2, A -3, A-4, A -5, A -6, B -1, B -2, B -3, B-4, B -5, B-6, C -1,
C -2, C -3, C-4, C -5, D -1, D -2, D -3, E -1, E -2, E -3, E-4, E -5 AND E-6, ASPEN VILLAS, according to the
Condominium Map thereof recorded November 5, 1975 in Plat Book 04 at Page 536 and as defined and
described in the Condominium Declaration recorded November 5, 1975 in Book 305 at Page 51 and
Amendment thereto recorded November 7, 2002 as Reception No. 474513.
County of Pitkin, State of Colorado
ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE:
814 W BLEEKER ST.
ASPEN, CO 81611
OWNERS:
UNIT A -1 - EDWARD M. STEINBERG AND TOMI A. STEINBERG
UNIT A -2 - SCOTT L. LASSER AS TRUSTEE OF THE BELL MOUNTAIN TRUST UNDER AGREEMENT
DATED AUGUST 16, 2007
UNIT A -3 - MICHAEL E. HEISLEY, NOT INDIVIDUALLY, BUT AS TRUSTEE UNER THE PROVISIONS OF A
TRUST INSTRUMENT KNOWN AS THE MICHAEL E. HEISLEY 1994 TRUST
UNIT A-4 - JOHN G. LEWIS AND JACQUELINE L. LARNER
UNIT A -5 - KAREN L. KURTZ, TRUSTEE OF THE KAREN L. KURTZ QUALIFIED PERSONAL RESIDENCE
TRUST DATED AUGUST 1, 2007
UNIT A-6 - MICHAEL E. HEISLEY, NOT INDIVIDUALLY, BUT AS TRUSTEE UNER THE PROVISIONS OF A
TRUST INSTRUMENT KNOWN AS THE MICHAEL E. HEISLEY 1994 TRUST
UNIT B -1 - THE SOLEIL MOSCONA TRUST
., UNIT B -2 - SUSANNAH THULSON
.ter
UNIT B -3 - ALEJANDRO TOPELSON
UNIT B-4 - TONG KHON LUU AND TUYET LE TRAN
UNIT B -5 - DAVID R. SHERIDAN II AND MYCHAL B. MANIE
iss UNIT B-6 - WEST END PROPERTY LLC, A COLORADO LIMITED LIABILITY COMPANY
UNIT C -1 - HONG HUONG TRAN
0
UNIT C -2 - H & M REALTY, LLC
UNIT C -3 - CLIFFORD MENDELSON AND TAMMY MENDELSON
UNIT C-4 - SAMUAL KENNER AND SYLVIA BLAU
UNIT C -5 - JENNIFER A. CROSSETT AND SHAWN P. MURRY
UNIT D -1 - MINNESOTA MATERNAL -FETAL MEDICINE P.A., A MINNESOTA PROFESSIONAL
CORPORATION
UNIT D -2 - RICHARD C. NAFTALIS AND ELIZABETH Z. NAFTALIS
UNIT D -3 - SCOTT GELLER
UNIT E -1 - JOHN WEIHE
UNIT E -2 - LEXI MCNUTT AND RAY MCNUTT
UNIT E -3 - BRANDON COX AND DALE M. FERTIG
UNIT E-4 - ARETZ REALTY INC.
UNIT E -5 - PAUL JEFFREY PAFFENDORF AND KIMBERLY LEVIN
UNIT E-6 - KATHERINE GORDON
ENCUMBRANCES:
UNIT A -1
Deed of Trust from : EDWARD M. STEINBERG AND TOMMI A. STEINBERG
To the Public Trustee of the County of PITKIN
For the use of : FULL SPECTRUM LENDING, INC.
Original Amount : NOVEMBER Dated VEMBER 2, 2004
d
Recorded : NOVEMBER 8, 2004
Reception No. : 503975
Statements of Notice of Lien from Aspen Villas s Receptors No. 546234 and May 6r�9 recorded Re March 12, 2004 ception No. as
Reception No. 495409, January 31,
558619.
Notice of Federal Tax Lien from Department of the Treasury - Internal Revenue Service recorded April 5, 2010
as Reception No. 568256.
UNIT A -2
Deed of Trust from : SCOTT L. LASSER AS TRUSTEE OF THE BELL MOUNTAIN TRUST UNDER
AGREEMENT DATED AUGUST 16, 2007
To the Public Trustee of the County of PITKIN
For the use of : CITIMORTGAGE, INC.
Original Amount :$720,250.00
Dated : MARCH 28, 2008
Recorded : APRIL 7, 2008
Reception No. : 548098
C
UNIT A -3
Deed of Trust from : MICHAEL E. HEISLEY TRUSTEE OF MICHAEL E. HEISLEY 1994 TRUST
To the Public Trustee of the County of PITKIN
For the use of : THE NORTHERN TRUST COMPANY
Original Amount :$408,500.00
Dated : JULY 15, 2009
Recorded : JULY 23, 2009
Reception No. : 561137
UNIT A-4
NONE
UNIT A -5
NONE
UNIT A-6
Deed of Trust from : MICHAEL E. HEISLEY TRUSTEE OF MICHAEL E. HEISLEY 1994 TRUST
To the Public Trustee of the County of PITKIN
For the use of : THE NORTHERN TRUST COMPANY
Original Amount :$383,000.00
Dated : JULY 15, 2009
Recorded : MARCH 22, 2010
Reception No. : 567838
UNIT B -1
NONE
UNIT B -2
Deed of Trust from : SUSANNAH THULSON
To the Public Trustee of the County of PITKIN
For the use of : GWYNE BROOKS
Original Amount :$399,172.00
Dated : AUGUST 17, 2010
Recorded : AUGUST 18, 2010
Reception No. : 572728
UNIT B -3
Deed of Trust from : ALEJANDRO TOPELSON
To the Public Trustee of the County of PITKIN
For the use of : UNION PLANTERS BANK
Original Amount :$123,000.00
Dated : JULY 31, 2002
Recorded : AUGUST 9, 2002
Reception No. : 470822
The above Deed of Trust was assigned to JPMorgan Chase Bank, NA in instrument recorded April 10, 2008
as Reception No. 548244
UNIT B-4
Deed of Trust from : TONG KHON LUU AND TUYET LE TRAN
To the Public Trustee of the County of PITKIN
For the use of : U.S. BANK NATIONAL ASSOCIATION ND
Original Amount :$500,000.00
Dated : JANUARY 6, 2010
Recorded : JANUARY 28, 2010
Reception No. : 566544
UNIT B -5
Deed of Trust from : DAVID R. SHERIDAN II AND MYCHAL B. MANIE
To the Public Trustee of the County of PITKIN
For the use of : ING BANK FSB
Original Amount :$585,000.00
Dated : MARCH 4, 2011
Recorded : APRIL 5, 2011
Reception No. : 578962
UNIT B-6
Deed of Trust from : WILLIAM H. SCHAFFER
To the Public Trustee of the County of PITKIN
For the use of : COLONIAL NATIONAL MORTGAGE
Original Amount :$142,250.00
Dated : JUNE 9, 2003
Recorded : JUNE 13, 2003
Reception No. : 484017
Deed of Trust from : WILLIAM H. SCHAFFER
To the Public Trustee of the County of PITKIN
For the use of : COMMUNITY BANKS OF COLORADO - ASPEN
Original Amount :$100,000.00
Dated : FEBRUARY 23, 2007
Recorded : MARCH 6, 2007
Reception No. : 535148
UNIT C -1
NONE
UNIT C -2
Deed of Trust from : H & M REALTY, LLC
° To the Public Trustee of the County of PITKIN
For the use of : MARTIN G. CARVER AND RUTH A. CARVER
Original Amount :$150,000.00
Dated : MAY 20, 2011
Recorded : MAY 20, 2011
Reception No. : 580048
UNIT C -3
NONE
9
UNIT C-4
Deed of Trust from : SYLVIA BLAU AND SAMUEL KENNER
To the Public Trustee of the County of PITKIN
For the use of : WELLS FARGO BANK, N.A.
Original Amount :$417,000.00
Dated : OCTOBER 12, 2010
Recorded : OCTOBER 12, 2010
Reception No. : 574239
UNIT C -5
Deed of Trust from : JENNIFER A. CROSSETT AND SHAWN P. MURRY
To the Public Trustee of the County of PITKIN
For the use of : WELLS FARGO BANK, B.A.
Original Amount :$382,400.00
Dated : JUNE 19, 2009
Recorded : JUNE 30, 2009
Reception No. : 560358
Deed of Trust from : JENNIFER A. CROSSETT AND SHAWN P. MURRY
To the Public Trustee of the County of PITKIN
For the use of : WELLS FARGO BANK, N.A.
Original Amount :$250,000.00
Dated : MARCH 17, 2008
Recorded : APRIL 7, 2008
Reception No. : 548104
UNIT D -1
NONE
UNIT D -2
Deed of Trust from : RICHARD C. NAFTALIS AND ELIZABETH Z. NAFTALIS
To the Public Trustee of the County of PITKIN
For the use of : NORTHERN TRUST, NA
Original Amount :$600,000.00
Dated : AUGUST 23, 2010
Recorded : AUGUST 26, 2010
Reception No. : 573058
UNIT D -3
Deed of Trust from : SCOTT GELLER
To the Public Trustee of the County of PITKIN
For the use of : GMAC BANK
Original Amount :$611,000.00
Dated : JUNE 27, 2009
s Recorded : JULY 14, 2009
Reception No. : 560841
of
a
UNIT E -1
Deed of Trust from : JOHN WEIHE
To the Public Trustee of the County of PITKIN
For the use of : BANK OF AMERICA
Original Amount :$640,000.00
Dated : MAY 17, 2006
Recorded : MAY 17, 2006
Reception No. : 524166
Deed of Trust from : JOHN WEIHE
To the Public Trustee of the County of PITKIN
For the use of : AMERICAN NATIONAL BANK
Original Amount :$80,000.00
Dated : MAY 17, 2006
Recorded : MAY 17, 2006
Reception No. : 524167
UNIT E -2
Deed of Trust from : LEXI MCNUTT AND RAY MCNUTT
To the Public Trustee of the County of PITKIN
For the use of : ASTORIA FEDERAL MORTGAGE CORP.
Original Amount :$691,500.00
Dated : FEBRUARY 25, 2009
Recorded : MARCH 4, 2009
Reception No. : 556879
UNIT E -3
NONE
UNIT E-4
Deed of Trust from : ARETZ REALTY INC.
To the Public Trustee of the County of PITKIN
• For the use of : WASHINGTON MUTUAL BANK, FA
Original Amount :$350,000.00
Dated : FEBRUARY 28, 2005
Recorded : MARCH 1, 2005
Reception No. : 507454
UNIT E -5
Deed of Trust from : PAUL JEFFREY PAFFENDORF AND KIMBERLY LEVIN
To the Public Trustee of the County of PITKIN
For the use of : TIMBERLINE BANK
Original Amount :$106,000.00
Dated : OCTOBER 11, 2006
Recorded : OCTOBER 11, 2006
Reception No. : 529695
w
1
e^ "1
0
Deed of Trust from : PAUL JEFFREY PAFFENDORF AND KIMBERLY LEVIN
To the Public Trustee of the County of PITKIN
For the use of : ING BANK, FSB
Original Amount :$940,000.00
Dated : NOVEMBER 13, 2007
Recorded : NOVEMBER 20, 2007
Reception No. : 544176
UNIT E-6
Deed of Trust from : KATHERIN E. GORDON
To the Public Trustee of the County of PITKIN
For the use of : WASHINGTON MUTUAL BANK, FA
Original Amount :$546,000.00
Dated : SEPTEMBER 27, 2005
Recorded : OCTOBER 3, 2005
Reception No. : 515579
Statement of Notice of Lien from Aspen Villas Condominium Association, Inc. recorded August 25, 2009 as
Reception No. 562233.
This certificate is not to be construed to be a guarantee of title and is furnished for
informational purposes only.
PITKIN COUNTY TITLE, INC.
authorized signature
CERTIFIED TO: June 14, 2011 at 8:00 A.M.
Job No. ACCOM2557
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Vicinity Map
814 West Bleeker Pl.
Aspen Villas Townhomes
Aspen, Colorado 81611
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Graeme D Means Architecture
210 South Galena Street #23
Aspen, Colorado, 81611
22 June, 2011
To: Jessica Garrow
City of Aspen Planning Dept
Aspen, Colorado
Re: PUD Amendment Request
Aspen Villas
814 West Bleeker Street
Aspen, Colorado
Jessica,
This letter is submitted on behalf of the Aspen Villas Homeowners Association to request
an Insubstantial Amendment to the Original and Revised PUD Agreement that created
the Aspen Villas project.
Existing Conditions
The original PUD for the Aspen Villas approved 26 residential units at 992 sq ft for a
total of 25,792 sq ft. The PUD Amendment of 1 April, 1994 increased Allowed FAR to
27,370 sq ft in order to allow each of the 26 units to add an addition of 48 sq ft and to
allow one trash shed of 330 sq ft. Since that amendment, the trash shed has been built and
21 of the 26 units have built their approved additions.
The original units were constructed with 992 sq ft above grade which contained two
bedrooms for each unit. They were also constructed with finished subgrade space of 450
sq ft that contained a bathroom. This subgrade space was not counted as FAR at the time
despite the fact that the subgrade walls are partially exposed due to window wells and a
finish grade level somewhat below the top of the basement walls.
Finish grade is an average of approximately one foot below the top of the basement wall.
Seventeen of the units were originally constructed with four window wells each and nine
with three window wells. These window wells expose 7 sq ft of basement wall area each.
Under the current Floor Area definition, both of these conditions would increase
countable FAR as per the Subgrade Wall Calculation sheet.
These original window wells and windows are not large enough to meet egress standards
or to supply the required light and ventilation for the basements. Section R310 of the
2003 International Residential Code (attached Figure #I) states the requirements for
approved emergency exits. Section R303 (attached Figure #2) gives the required areas of
window for light and ventilation.
To date, 10 of these original window wells have been enlarged to expose 14.4 sq ft of
below grade wall area each. These new window well and window sizes are capable of
meeting the requirements for egress, light and ventilation standards.
Since completion of the original construction, my understanding is that some of the
basement spaces have been used as bedrooms. I have not inspected, nor do I have access
to, the units in order to determine this. However, the County Assessor records show that
24 of the units are assessed as 3 bedroom units and 2 are assessed as 2 bedroom units
(attached Figure #3).
PUD Amendment Request
The Aspen Villas requests three Amendments to the previously Amended PUD as
follows.
Firstly, they request additional FAR for the purpose of legitimizing existing basement
floor area that should be counted (but was not originally) under the current Floor Area
Definition and Subgrade Wall Calculation Sheet. This is a result of the fact that finish
grade is 1 foot below the top of the basement wall.
Secondly, they request additional FAR for the purpose of enlarging or reconfiguring
existing windows and window wells such that each unit would be able to enlarge a
maximum of three existing window wells to the 14.4 sq ft size. Thus each unit is
requesting that up to 43.2 sq ft of wall area be allowed to be exposed. This may be
achieved either through enlarging the existing window wells or reconfiguring them in
new locations and/or configurations. Two wells may be combined into one for instance.
R -"CT- if Iiv 5�Tl3Al�t.c,
Thirdly, they request that each unit be allowed to amend the bedroom count so as to
legitimize and receive approval for a third below grade bedroom.
The result of these requests would mean that the Allowed FAR for the project would be
increased from 27,370 sq ft to 29,827 sq ft as per the FAR analysis letter attached to this
application.
Discussion of Request
The motivation behind these requests is to correct an unsafe and illegal situation and to
legitimize a long standing but unapproved condition concerning below grade bedrooms.
Fire safety is the most important and pressing issue. IRC Sec R310.1 states "Basements
with habitable space and every sleeping room shall have at least one openable emergency
escape and rescue opening". As a result, these basement spaces, whether considered
bedrooms or not, are required to have emergency escape openings. The existing windows
and window wells are severely deficient in meeting the opening area required, the height
required and the sill height required for egress. As a life safety issue, the Building
Department enforces these egress codes very vigorously for good reason. Every one of
these 26 units contains an unsafe and illegal condition that presents clear and recognized
danger to the occupants, no matter how they use the space. A fire that blocks the interior
stair could very easily result in serious injury or death to the occupants. The increase in
size requested for the windows and window wells would allow these spaces to comply
with egress requirements.
The issue of liability in the event of an accident due to these unsafe conditions should be
of concern to all involved. One could easily come to the conclusion that an oversight in
the original PUD created an unsafe situation when it approved below grade, habitable
space with bathrooms but that contain no approved emergency egress. This ignores the
fact that they would very likely be used for sleeping purposes. All parties concerned have
known about this issue for many years and have the obligation to work together to correct
it before a tragedy occurs.
Section R303 of the IRC sets out standards for required light and ventilation for all
habitable spaces. This section requires 8% of the floor area in natural light and 4% in
openable window area. Considering the basement floor area of 450 sq ft, 36 sq ft of
natural light is required and 18 sq ft of ventilation is required. For the units with 4
existing windows (some have only 3), approx 16 sq ft of light and a lesser amount of
venting is supplied. These values fall far short of the required light and ventilation.
Increasing the size of the windows and window wells as requested would allow these
spaces to meet code. For the well being, comfort and health of the occupants, these
conditions should be corrected.
It should be recognized that approval of this FAR increase request in no way increases
the actual physical floor area of any of the units and does not change the way they are
currently used. It merely formalizes an existing illegal situation.
It is very likely that many of these units have been using their below grade space as
bedrooms for many years, possibly going back to original construction. As mentioned
previously, the Assessor considers 24 of the 26 units to have 3 bedrooms. Thus, these
bedrooms have a historical basis and have been a part of the actual Aspen bedroom count
for many years. The impacts of these residents have been part of the Aspen experience
for just as long. As such, they should not be considered to be new bedroom stock with
new impacts. The approval of these bedroom units would merely be official recognition
of a longstanding existing condition.
Response to Criteria
As required by the PUD Amendment process, the response to the review criteria
contained in Section 26.445.100 (A) of the Aspen City Code (attached Figure 94) is as
follows.
1. The property is zoned Residential Multi -Family with a PUD overlay and is
used as such. This request in no way changes the use or character of the
development.
2. The coverage of structures is not affected and does not increase under this
proposal.
3. The subgrade habitable rooms have been in existence and very probably used
as bedrooms for many years and thus have been a part of the Aspen housing
1)
stock for many years. The approval of this request will not increase trip
generation or the demand for public services to any substantial degree from
what exists now.
4. The open space is not affected or reduced by the approval of this request
5. Off street parking and loading space are not affected or reduced by this
request.
6. The granting of this request would not reduce any required pavement widths
or rights -of -way.
7. This is not a commercial building.
8. The granting of this request does not result in increase in physical floor area or
create any new units. It merely grants approval to a situation that has existed
for a long time and is in need of legitimization so that some serious safety
issues can be addressed.
9. A search of the Aspen Planning Department files and of the Pitkin County
Clerk and Recorder office failed to discover the original PUD approval and
conditions. Therefore, we cannot respond precisely to these documents, but
have no reason to feel that this PUD Amendment Request would be
inconsistent with that document or any of the conditions it might contain.
Granting of this Request does not change the approved use or dimensional
requirements of the Aspen Villas project, nor is there any increase in the
physical floor area.
r
W
BUILDING PLANNING L
I 8309.6 Automatic garage door openers. Automatic garage than 18 inches (457 mml or, center vertically for the full
door openers. if provided. shall he listed in accordance with 141 height of the window well.
3'_5.
R3I0.3 Bulkhead enclosures. Bulkhead enclosures shall pro-
, Bide direct access to the basement The bulkhead enclosure
with the door panels in the fully open position shall provide the
i SECTION R310 minimum net clear opening required by Section R310.1.1.
EMERGENCY ESCAPE AND RESCUE OPENINGS Bulkhead enclosures shall also comply with Section
R311.5.8.2.
R310.1 Emergency escape and rescue required. Basements
with habitable space and every sleeping room shall have at least R310.4 Bars, grills, covers and screens. Bars. grills, covers,
one openable emergency escape and rescue opening. Where screens or similar devices are permitted to be placed over emer-
basements contain one or more sleeping rooms, emergency gency escape and rescue openings. bulkhead enclosures, or
I egress and rescue openings shall be required in each sleeping window wells that serve such open ings. provided the minimum
room. but shall not he required in adjoining areas of the base- net clear opening size complies with Sections 8310.1.7 to
) ment. Where emergency escape and rescue openings are pro- R310.1.3. and such devices shall be releasable or removable
vided they shall have a sill height of not more than 44 inches from the inside without the use of a key. tool or force greater
• (1118 mm) above the floor. Where a door opening having a than that which is required for normal operation of the escape -
threshold below the adjacent ground elevation serves as an and rescue opening.
emergency escape and rescue opening and is provided with a
bulkhead enclosure. the bulkhead enclosure shall comply with
Section 310.3. The net clear opening dimensions required by SECTION R311
this section shall be obtained by the normal operation of the MEANS OF EGRESS
emergency escape and rescue opening from the inside. Emer-
gen cvescapeandrescueopeningswithafinishedsillheightbe- R311.1 General. Stairways. ramps, exterior exit balconies.
. low the adjacent ground elevation shall be provided with a win- hallways and doors shall comply with this section.
dow well in accordance with Section R3102. R311.2 Construction.
8310.1.1 Minimum opening area. All emergency escape R311.2.1 Attachment. Required exterior exit balconies.
and rescue openings shall have a minimum net clear opening stairs and similar exit facilities shall be positively anchored
of 5.7 square feet (0.530 m to the primary structure to resist both vertical and lateral for-
ces. Such attachment shall not he accomplished by use of
Exception: Grade floor openings shall have a minimum toenails or nails subject to withdrawal
net clear opening of 5 square feet (0.465 m
R311.2.2 Under stair protection. Enclosed accessible
R310.1.2 Minimum opening height. The minimum net space under stairs shall have walls, under stair surface and
clear opening height shall be 24 inches (610 mm). any soffits protected on the enclosed side with 1 /a -inch (12.7
8310.1.3 Minimum opening width. The minimum net mm) gypsum board.
clear opening width shall be 20 inches (508 mm). R311.3 Hallways. The minimum width of a hallway shall be
R310.1.4 Operational constraints. Emergency escape and not less than 3 feet (914 min).
rescue openings shall he operational from the inside of the R311.4 Doors. •
room without the use of keys or tools.
R311.4.1 Exit door required. Not less than one exit door
conforming to this section shall be provided for each dwell -
j R310.2 Window wells. The minimum horizontal area of the
1 window well shall be 9 square feet (0.84 m with a minimum mg unit. The required exit door shall provide for direct ac --
1 horizontal projection. and width of 36 inches (914 min). The ce ssfromthehabitableportionsofthedwellingtotheexteri-
area of the window well shall allow the emergency escape and or without requiring travel through a garage. Access to
li, rescue opening to be fully opened. habitable levels not having an exit in accordance with this
If section shall be by a ramp in accordance with Section R311.6
,, Exception: The ladder or steps required by Section or a stairway in accordance with Section R3I1.5.
" R310.2.I shall be permitted to encroach a maximum of 6
inches i,] 52mm) inro the required dimensions of the window R3114. 2 Door ttpe and size. The required exit door shall be
well. a side - hinged door not less than 3 feet (914 mm) in width and
6 feet 8 inches (2032 mm) in height. Other doors shall not be
0� R310.21 Ladder and steps. Window wells with a vertical required to comply with these minimum dimensions.
depth greater than 44 inches (1118 mm) shall he equipped
i w a permanently affixed ladder or steps usable with th R311.4.3 Landings at doors. There shall he a floor or land -
window in the fully open position. Ladders or steps required ; ngen each side of each exterior door.
g
by this section shall not be required to comply with Sections Exception: Where a stairway of two or fewer risers is to-
R311.5 and R311.6. Ladders or rungs shall have an inside cated on the exterior side of a door, other than the required
w width of at least 12 i nches ( (n mm) shall nrojeet at least 3 exit door, a landing is not ec aired for the c.' r'
r i; c hes (76 � im) iron the ..al a.in shall he s iced not more the door.
- cr u, side o. -
P k
a.
BUILDING ?CANNING 1 - Y f y
J
TABLE
Footnotes to Table R301.7
T RIB
MINIMUM UNIFORMLY DISTRIBUTED LIVE LOADS a. The wind load shall be permitted to he taken as 0.7 times the Component and
(in pounds per square foot) Cladding loads for the purpose of the determining deflection limits herein.
1 USE UVE LOAD h. For cantilever members. L shall be taken as twice the length of the canti le-
20 vet.
Attics with storage' c. 1 For aluminum structural members or panels used in roofs or walls of sun -
Attics without storages 10 room additions or patio covers, not supporting edge of glass or sandwich
1 I I Deckle 40 panels, the total load deflection shat] not exceed L /60. For sandwich panels
60 used in roofs or walls of sunroom additions or patio covers. the total load
Exterior balconies deflection shall not exceed L/120.
Fire escapes
40
' ' ' Guardrails and handrailsd � 200 R301.8 Nominal sizes. For the purposes of this code, where d
Guardrails in - fill componentsf 50 mensions of lumber are specified, they shall be deemed to he
Passenger vehicle garages' 50a nominal dimensions unless specifically designated as actual di-
Rooms other than sleeping rooms 40 1 mensions.
Sleeping rooms 30 I SECTION R302
Stairs 40 LOCATION ON LOT
For SI: 1 pound per square foot = 0.0479 kN /m' 1 square inch = 645 mm
pound = 4.45 N. R302.1 Exterior walls. Exterior walls with a fire separation
a. Elevated garage floors shall be capable of supporting a 2.000 -pound load distance less than 3 feet (914 mm) shall have not less than a one-
applied over a 20- square -inch area. hour fire - resistive rating with exposure from both sides. Pro -
b. No storage with roof slope not over 3 units in 12 units. jections shall not extend to a point closer than 2 feet (610 mm)
c- individual stair treads shall be designed for the uniformly distributed live from the line used to determine the fire separation distance.
load or a 300 -pound concentrated load acting over an area of 4 square inch- Exception: Detached garages accessory to a dwelling 10-
es, whichever produces the greater stresses.
d. A single concentrated load applied in any direction at any point along the cated within 2 feet of a lot line may have roof gave projec-
top. tions not exceeding 4 inches.
e. See Section 850 2.2.1 for decks attached to exterior walls. Projections extending into the fire separation distance shall
, I f. Guard in -fill components (all those except the handra p plied sters and panel have not less than one -hour fire - resistive construction on the
• fillers shall be designed to withstand a horizontally applied normal load of
50 pounds on an area equal to l square foot. This load need not be assumed to underside. The above provisions shall not apply to walls which
act concurrently with any ocher live load requirement. are perpendicular to the line used to determine the fire separa-
tion distance.
TABLE R301.6 Exception: Tool and storage sheds, playhouses and similar
MINIMUM ROOF UVE LOADS IN POUNDS
T OF HORIZONTAL PROJECTION ER SQUARE structures exempted from permits by R105.2 are not re-
TRIBUTARY LOADED AREA IN quired to provide wall protection based on location on the
SQUARE FEET FOR ANY lot. Projections beyond the exterior wall shall not extend
STRUCTURAL MEMBER j over the lot line.
201 to
) I ROOF SLOPE 0 to 200 600 Over 600 R302.2 Openings. Openings shall not be permitted in the exte-
i Flat or rise less than 4 inches per 16 12 rior wall of a dwelling or accessory building with a fire separa-
i foot (1:3) tion distance less than 3 feet (914 mm). This distance shall be
• Rise 4 inches per foot (1:3) to measured perpendicular to the line used to determine the fire
16 14 12
i • less than 12 inches per foot (1:1) separation distance.
Rise 12 inches per foot (1:1) and 12 12 12 Exceptions:
greater 1. Openings shall be permitted in walls that are perpen-
s' For Si: 1 square foot = 0.0929 mZ,lpound per square foot = 0.0479 kN /m
dicular to the line used to determine the fire separation
*, 1 inch per foot = 0.0833 mm /m. distance.
✓ 2. Foundation vents installed in compliance with this
N TABLE R301.7 code are permitted.
ALLOWABLE DEFLECTION OF STRUCTURAL MEMBERSa•b•c R302.3 Penetrations. Penetrations located in the exterior wall
STRUCTURAL MEMBER DEFLECTION Ofadwelling with afire separation distance less than 3 feet (914-
' A LLOWABLE
mtn) shalt be protected in- accordance with Section R317.3.
Rafters having slopes greater than 3/12 with no U180
4 I n t e rior calls and d parti on rafters H /180 perpendicular Penetrations
to thelines be permitted
determine l the fire senora-
� Interior walls and partitions
s' I Floors and plastered ceilings _ ,
- L/360 tion distance.
r: I All other structural members L/240
Ex terior walls with plaster or stucco finish
H/360 SECTION R303
i � LIGHT, VENTILATION AND HEATING
k. Ex terior walls — wind loads' with brittle finishes L/240
✓ Exterior walls —wind lords' with flexible finishes T L/120 R303.1 Habitable rooms. All habitable rooms shall be pro -
Note: L= span length. FI = span height. vided with aggregate glazing area of not less than 8 percent of
++ 2003 INTERNATIONAL RESIDENTIAL CODE '''
44
k f= '- BUILDING PLANNING
• 'le floor area of such rooms. Natural ventilation shall he within 10 feet (3048 mm) of an intake opening. such opening
,arough windows. doors, louvers or other approved openings to shall be located a minimum of 2 feet (610 mm) below the
.e outdoor air. Such openings shall be provided with ready ac- contaminant source.
-ess or shall otherwise be readily controllable by the building For the purpose of this section, the exhaust from dwelling
bcupants. The minimum openable area to the outdoors shall unit toilet rooms, bathrooms and kitchens shall not he con -
4 percent of the floor area being ventilated. sidered as hazardous or noxious.
Exceptions: R303.4.2 Exhaust openings. Outside exhaust openings
1. The glazed areas need not be openable where the shall be located so as not to create a nuisance. Exhaust air
open -ing is not required by Section R310 and an ap- shall not be directed onto walkways.
proved mechanical ventilation system is provided ca-
pable of producing 035 air change per hour in the 8303.5 Outside opening protection. Air exhaust and intake
room or a whole -house mechanical ventilation system openings that terminate outdoors shall be protected with corro-
is installed capable of supplying outdoor ventilation sion- resistant screens, louvers or grilles having a minimum
air of 15 cubic feet per minute (cfm) (7.08 L /s) per oc- opening size of 1 /4 inch (6.4 mm) and a maximum opening size
cupant computed on the basis of two occupants for the of tI2 inch (12.7 mm), in any dimension. Openings shall be pro-
first bedroom and one occupant for each additional tected against local weather conditions. Outdoor air exhaust
bedroom. and intake openings shall meet the provisions for exterior wall
2. The glazed areas need not he provided in rooms where opening protectives in accordance with this code.
Exception 1 above is satisfied and artificial light is
p R303.6 Stairway illumination. All interior and exterior stair-
, provided capable of producing an average alumina- ways shall be provided with a means to illuminate the stairs, in-
tion of 6 footcandles (6.46 lux) over the area of the eluding the landings and treads. Interior stairways shall be pro-
room at a height of 30 inches (762 mm) above the vided with an artificial light source located in the immediate
floor level. vicinity of each landing of the stairway. For interior stairs the
°303.2 Adjoining rooms. For the purpose of determining artificial Light sources shall be capable of illuminating treads
. ght and ventilation requirements. any room shall be consid- and landings to levels not less than 1 foot - candles (11 lux) mea-
d as a portion of an adjoining room when at least one -half of sured at the center of treads and landings. Exterior stairways
ne area of the common wall is open and unobstructed and pro- shall be provided with an artificial light source located in the
.des an opening of not less than one -tenth of the floor area of immediate vicinity of the top landing of the stairway. Exterior
'e interior room but not less than 25 square feet (2.32 m2). stairways providing access to a basement from the outside
grade level shall he provided with an artificial light source ]o-
Exception: Openings required for light and /or ventilation cated in the immediate vicinity of the bottom landing of the
shall be permitted to open into a thermally isolated sunroom stairway.
addition or patio cover, provided that there is an openable
area between the adjoining room and the sunroom addition Exception: An artificial light source is not required at the
ar patio cover of not less than one -tenth of the floor area of top and bottom landing, provided an artificial light source is
the interior room but not less than 20 square feet (1.86 m2). located directly over each stairway section.
The minimum openable area to the outdoors shall be based R303.6.1 Light activation. The control for activation of the
`upon the total floor area being ventilated. required interior stairway lighting shall be accessible at the
'03.3 Bathrooms. Bathrooms, water closet compartments top and bottom of each stairway without traversing any
,nd other similar rooms shall be provided with aggregate glaz steps. The illumination of exterior stairways shall be con -
s area in windows of not less than 3 square feet (0.279 m
trolled from inside the dwelling unit.
'e -half of which must be openable. Exception: Lights that are continuously illuminated or
r'xception: The glazed areas shall not be required where ar-
automatically controlled.
`(ificial light and a mechanical ventilation system are pro- R303.7 Required glazed openings. Required glazed openings
w ided. The minimum ventilation rates shall be 50 cfm (23.6 shall open directly onto a street or public alley, or a yard or court
/s) for intermittent ventilation or 20 cfm (9.4 L /s) for con- located on the same lot as the building.
nuous ventilation. Ventilation air from the space shall be
r hausted directly to the outside. R303.7.1 R oofed porches. Required glazed openings may
face into a roofed porch where the porch abuts a street, yard
'103.4 Opening location. Outdoor intake and exhaust open- or court and the longer side of the porch is at least 65 percent
ads shall be located in accordance with Sections R303.4.1 and open and unobstructed and the ceiling height is not less than
3 q v 7 feet (2134 mm).
/8303.4.1 Intake openings. Mechanical and gravity outdoor R303.8 Required heating. When the winter design tempera -
tr intake openings shall be located a minimum of 10 feet ture in Table R301.2(1) is below 60 ° F (16 ° C), every dwelling
3048 mm) from any hazardous or noxious contaminant, unit shall be provided with heating facilities capable of main -
+uch as vents, chimneys, plumbing vents, streets, alleys, taininga minimum room temperature of63 'F(20'C)atapoint
r
arking lots and loading docks, except as otherwise speci- 3 feet (914 mm) above the floor and 2 feet (610 mar) from exte-
e iied in this code. Where a source of contaminant is located rior walls in all habitable rooms at the design temperature. 'The
'fQ31NTER NATIONAL RESIDENTIAL COOE ',
ASPEN VILLAS
ACCOUNTS AREAID
ACCTTYPE
BEDS
STREETNO DIRECTION STREETNAP DESIGNATI UNIT
R000044
1 CONDO
3
814 W
BLEEKER
ST
Al
R000232
1 CONDO
3
814 W
BLEEKER
ST
A4
R000758
1 CONDO
3
814 W
BLEEKER
ST
E6
R001228
1 CONDO
3
814 W
BLEEKER
ST
D2
R001366
1 CONDO
3
814 W
BLEEKER
ST
C5
R001367
1 CONDO
3
814 W
BLEEKER
ST
C4
R001368
1 CONDO
3
814 W
BLEEKER
ST
C3
R001369
1 CONDO
3
814 W
BLEEKER
ST
C2
R001370
1 CONDO
3
814 W
BLEEKER
ST
Cl
R001371
1 CONDO
3
814 W
BLEEKER
ST
B6
R001372
1 CONDO
3
814 W
BLEEKER
ST
B5
R001373
1 CONDO
3
814 W
BLEEKER
ST
B4
R001374
1 CONDO
3
814 W
BLEEKER
ST
B3
R001375
1 CONDO
3
814 W
BLEEKER
ST
B2
R001376
1 CONDO
3
814 W
BLEEKER
ST
B1
R001377
1 CONDO
3
814 W
BLEEKER
ST
E5
R001378
1 CONDO
3
814 W
BLEEKER
ST
E4
R001379
1 CONDO
3
814 W
BLEEKER
ST
E3
R001381
1 CONDO
3
814 W
BLEEKER
ST
E1
R001382
1 CONDO
3
814 W
BLEEKER
ST
D3
R001383
1 CONDO
3
814 W
BLEEKER
ST
DI
R001384
1 CONDO
3
814 W
BLEEKER
ST
A6
R001386
1 CONDO
3
814 W
BLEEKER
ST
A5
R001387
1 CONDO
3
814 W
BLEEKER
ST
A2
R000201
1 CONDO
2
814 W
BLEEKER
ST
A3
R001380
1 CONDO
2
814 W
BLEEKER
ST
E2
Sec. 26.445.100.Amendment of PUD development order.
A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development
order for a final development plan may be authorized by the Community Development Director. The
following shall not be considered an insubstantial amendment:
1. A change in the use or character of the development.
2. An increase by greater than three percent (3 %) in the overall coverage of structures on the
land.
3. Any amendment that substantially increases trip generation rates of the proposed development
or the demand for public facilities.
4. A reduction by greater than three percent (3 %) of the approved open space.
5. A reduction by greater than one percent (1 %) of the off - street parking and loading space.
6. A reduction in required pavement widths or rights -of -way for streets and easements.
7. An increase of greater than two percent (2 %) in the approved gross leasable floor area of
commercial buildings.
8. An increase by greater than one percent (1 %) in the approved residential density of the
development.
9. Any change which is inconsistent with a condition or representation of the project's original
approval or which requires granting a variation from the project's approved use or
dimensional requirements.
B. Other amendment. An amendment found to be consistent with or an enhancement of the
approved final development plan by the Community Development Director. but which does not meet
the established thresholds for an insubstantial amendment. may be approved, approved with
conditions or denied by the Planning and Zoning Commission. at a public hearing pursuant to
Subsection 26.445.030.C, Step 3. The action by the Planning and Zoning Commission shall he
considered the final action. unless the decision is appealed.
An applicant may appeal an amendment determination made by the Planning and Zoning
Commission to the City Council. In this case, the determination made by the Planning and Zoning
Commission shall be considered a recommendation and the amendment shall be subject to final
development plan review and approval by the City Council, pursuant to Subsection 26.445.030.C,
Step 4.
An amendment found to be inconsistent with the approved final development plan by the Community
Development Director shall be subject to final development plan review and approval by the
Planning and Zoning Commission and City Council, pursuant to Subsection 26.445.030.C, Steps 3
and 4.
During the review of the proposed amendment, the Planning and Zoning Commission and City
Council may require such conditions of approval as are necessary to insure that the development will
be compatible with current community circumstances. This shall include, but not be limited to,
portions of the development which have not obtained building permits or are proposed to be
amended, any new community policies or regulations which have been implemented since the
•
•
rot
City of Aspen Land Use Code
°
Pa rt 400, Page 111
Graeme D Means Architecture
210 South Galena Street #23
Aspen, Colorado, 81611
To: Jessica Garrow 22 June, 2011
Aspen Planning Department
Re: FAR Information
PUD Amendment Application
Aspen Villas Condominiums
814 West Bleeker St,
Aspen, Colorado
Dear .Jessica,
The purpose of this letter is to address Floor Area totals at the Aspen Villas
Condominiums at 814 W. Bleeker Street, Aspen Colorado. This letter supports a PUD
Amendment Application which requests the legalization of certain existing conditions
and approval of new development concerning number of bedrooms and window wells at
the complex. According to the Pre -Application Conference Summary, the information
requested is Previously Approved FAR, Existing FAR, and Proposed FAR.
Previously Approved FAR = 27,370 sq ft
The original PUD for the Aspen Villas approved 26 units at 992 sq ft each for a total of
25,792 sq ft. The PUD Amendment of 1 April, 1994 increased allowed FAR to 27,370 sq
ft in order to allow each of the 26 units to add an addition of 48 sq ft and to allow one
shed of 330 sq ft.
Existing FAR = 29,165.8 sq ft
The Existing FAR is a total of the originally approved and built FAR, the completed shed,
the deck additions completed to date, the additional FAR resulting from window wells
that were originally approved (but didn't count in the original FAR), 1.0 feet of basement
wall area that is exposed above grade (but didn't count in the original FAR) as well as
those original window wells subsequently enlarged.
The originally approved and built floor area was 25,792 square.feet.
The completed shed area is 330 sq ft.
To date, 21 of the 26 units have constructed the allowed additions at 48 sq ft apiece for a
total of 1,008 sq ft.
As discussed with Jessica Garrow at the Planning Department on June 13, there are
certain assumptions that it would be reasonable to make to account for the many subtle
differences between units. These assumptions are as follows:
1. It is assumed that no basement floor area was counted in the FAR total for the original
project. The floor area definition in force at that time has not been consulted.
2. A typical unit will be used as a model and those floor area values will be used for all
26 units. Unit Al is being used as the model.
3. In a field inspection with Ed Steinberg on June 14, it was noted that 17 of the original
units were constructed with 4 window wells each and 9 of the original units were
constructed with 3 each. Each of these window wells exposes a wall area that measures
3.5 ft wide x 2.0 ft high for a total of 7.0 sq ft. It is assumed for the Existing Floor Area
calculation that each unit has four window Is., 'I 1 co-''+ G
4. Of the 95 window wells originally buil 10 ve been expanded with larger window
wells that measure 3.8 ft wide x 3.8 ft high for a total area of 14.4 sq ft. Thus, the
countable basement floor area would be increased slightly as a result. This slight increase
is not being counted in the Existing FAR calculation.
5. It is assumed that the gross floor area of all units is the same. It is calculated at 450 sq
ft. (see Figure 1).
6. Finish grade varies slightly within each unit and from unit to unit. An average finish
grade of 1.0 ft below top of basement wall is typical and is used in these calculations.
7. The area of basement wall that each unit shares with adjoining units varies from unit to
unit. These calculations include all basement walls of the model unit.
The Percentage of Exposed Wall calculated as per the Subgrade Wall Calculations Sheet
is 17.4% (see Figure 2). The increase in countable FAR is 17.4% times the gross
basement floor area (see Figure 1) which is 450 sq ft. Thus the increase in FAR for each
unit is 78.3 sq ft. The total for all 26 units = 26 x 78.3 = 2,035.8.
As per above, the Existing FAR is the sum of 25,792 +^ 330 + 1,008 + 2,035.8 = 29,165.8
square feet. + }
dA6E'vi ErJ1
Proposed FAR = 29,827 sq ft
The Proposed FAR includes the Previously Approved FAR of 27,370 sq ft (which allows
the 5 owners who have not added the previously approved deck additions to do so) plus
that portion of the basement floor area of each of the 26 units that will be counted when
all of the 26 units have added 3 enlarged egress window wells.
Each of the 26 Units are requesting the additional FAR required to enlarge up to 3 of
their 4 window wells to a larger size in order to accommodate a larger egress window.
These enlarged window wells measure 3.8 ft wide by 3.8 feet high for a total of 14.4 sq ft.
each.
The FAR increase for the model unit is the gross basement floor area of 450 sq ft (Figure
#1) multiplied by 21.0% which is the Percentage of Exposed Wall Area calculated in
Figure 3. For the whole project, this sum is multiplied by 26 units. Thus, 450 sq ft x 2 1 %
x 26 = 2,457 square feet.
The Proposed FAR is 27,370 sq ft plus 2,457 sq ft for a total of 29,827 square feet.
r1 ; � % = 1 c
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Homeowners Association Certificate
I, William H. Schaffer, as the duly designated representative of the West Bleeker
Place Townhomes (aka, Aspen Villas Condominium Association) as such
association is defined and described in the Condominium Declaration for the
Aspen Villas Condominium recorded in book 4 at page 536 through 541 and in the
plat in book 4 at page 519 -520 of the records of the Pitkin County Clerk and
recorder, Colorado, hereby publish this map of the 2nd Amendment of the Aspen
Villas Subdivision.
1 0W4Ht,t/ Fhap,IA
William H. Schaffer, Secretary, West Bleeker Place Townhomes (aka, Aspen Villas
Condominium Association)
State of Colorado
County of Pitkin
,The foregoing certificate was acknowledged before me this
i& I'' day of
a 2011, by
r
� tY P'
R '
My commission expires: `777/ •2U( '3 S
• JONATHAN 1
Witness my hand and official seal. l 1...FELDMAN
Notary Public My Comnwsion Expires 0411412013
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