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HomeMy WebLinkAboutLand Use Case.1095 Ute Ave.72A-89 CASELOAD SUMMARY SHEET ( City of Aspen DATE RECEIVED: 7 3/89 PARCEL ID AND CASE NO. DATE COMPLETE: - 1 +1111 2737- 182 -68 -002 72A -89 STAFF MEMBER: -Q-s l+¢, PROJECT NAME: Davis Exemption from 8040 Greenline Review Project Address: 1095 Ute Avenue Legal Address: Lot 2, Hoag Subdivision APPLICANT: I. G. Davis Applicant Address: 1095 Ute Ave - REPRESENTATIVE: Roger Kerr Representative Address /Phone: 406 G. Pacific Ave. Aspen, CO 81611 5 -8289 PAID: YES NO AMOUNT: $100.00 NO. OF COPIES RECEIVED: 3 TYPE OF APPLICATION: 1 STEP: 2 STEP: P &Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: ) Date: - -- REFERRALS: v• 0+^Q. City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. DATE REFERRED: INITIALS: FINAL ROUTING: DATE ROUTED: 7 /a0 41 INITIAL: 05' City Atty City Enginee1Zo ning — Env. Health Housing Other: FILE STATUS AND LOCATION: A-4/1(-12 MEMORANDUM TO: Bill Drueding, Zoning Officer FROM: Leslie Lamont, Planner RE: 8040 Greenline Exemption, 1095 Ute Avenue DATE: July 17, 1989 SUMMARY: An 8040 Greenline exemption is recommended for 1095 Ute Avenue, Lot 2, Hoag Subdivision. The applicant, I.G. Davis, proposes to build a 425 square foot bedroom and bath addition over an existing garage in an R -15 zone. STAFF COMMENTS: The existing 4,281 square foot single family home is located approximately 40 feet below the 8040 Greenline necessitating review pursuant to Section 7 -503 of the Land Use Code. Section 7 -503 (B) sets out the standards for an exemption as follows: 1. The development does not add more than ten percent (10 %) to existing floor area or increase the total amount of square footage of areas of the structure which are exempt from floor area calculation by more than 25 %. RESPONSE: The proposal represents an increase in floor area of 9.9 %. The uncovered decks, that are above natural grade after the addition, will total 705 square feet, 14.9% of the 15% allowable floor area that is exempt from floor area calculations. 2. The development noes not require the removal of any tree for which a permit would be required. RESPONSE: The proposed addition will be built over the existing garage. No trees shall be removed. 3. Development is located such that it is not affected by any geologic hazard and will not result in increased erosion and sedimentation. RESPONSE: The proposal is located over the garage so no excavation is necessary. The new 4 foot wide walkway deck extension connects to an existing deck and roof and will not require any grading change. All development is located within the existing footprint. RECOMMENDATION: It is recommended that the Planning Director approve the 8040 Green line exemption for 1095 Ute Avenue. I hereby approve the 8040 Greenline exemption pursuant to Section 7 -503 (B) he As and Use Code. Tom Baker, Interim Planning Director L / y /. 0OWt10100 ' N3d St' 0 311115 , 6BaB 5 1J211HJ�Ity d 9017 0 bUEN •N 1:1900t1 N > i` - '■`) %, 0 1 t x Y ` I • r i y1 St • 1 v., • a s S t allit) 4 • � it :.! %a cZ 1 d. B ., a as , t i.� ,7 ,,..g..!!'' ,, i M, i i ,. , ii 1 i d i wt . 4 ,,, r r a a a � .. r(1, l- � 1 �' � f t:1'4,,..... is � I r / A 4, 0 O i 0 ., u 1, sir L . -: - , r I - ' 1�r1 � .atml k f ir �.,mtur� - ±nmttn m► I�:._ I 4. 2 I �Timm e tt � H ; \' 1 ll lid " ' ''4 mm�t..nimutn ttinnannn� rill 11111111111111 !gill IIIIIIIHI 1 I I RIIIIINI iH iii ... � _ _,:Y 1 . II I ! 1 , ... .. 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I 32/ I0 N. if . vg c ' .7., ,\-\.. \ ' . • lis • • • ra " twArs....• .... 3 ■1�. D si C s� 1 � _ W . WI � � O R _ , ,, ,_ --. ,-,-. ,...,-- v_ t‘N\ „40, 3„„n., /It .1 N ! . UD 111; Q Q L7ooz 7 4 ' 4 ' \ .. V. v D i _\-;- \‘ is cs-_ i T .\\ it • hi Da� • Di e � , � 'le/V -Lill — '>� -1�� a. 759 1,41 o 7 a s` < 1 v { .••`' .. SI 1 r l A ., (,� t 7� / /((( \ / �� () M • 1 1 O. /dlN9yW 11 M fl ' ,..• , .... 2 e . dl .N Jail .7..........._ o roger kern and associates architects 408 - G pacific avenue aspen, co 81811 303 925 -8289 July 5, 1989 Mr. Tom Baker Acting Planning Director Aspen /Pitkin Planning Department 506 East Main Street Aspen, CO 81611 Dear Mr. Baker: Enclosed herewith is a development application for exemption from 8040 Greenline Review for a proposed bedroom and bath addition to a single family residence at 1095 Ute Avenue. The expansion conforms to all three conditions of the attachment and of the "Development Application Package" as described below. 1. "Development does not add more than ten percent (10 %) to the floor area of the existing structure or increase the total amount of square footage of areas of the structure which are exempt from floor area calculations by more than twenty -five percent (25 %)." The existing residence is 4,281 square feet. The proposed bedroom and bath addition is 425 square feet (9.9% of existing floor area). 2. "The Development does not require the removal of any tree for which a permit would be required pursuant to section 13 -76 or the applicant receives a permit pursuant to said section." Since the addition is to be built over the existing garage, no excavation or tree removal is necessary. 3. "The Development is located such that it is not affected by any geologic hazard and will not result in increased erosion and sedimentation." The bedroom and bath addition is to be built over the existing garage, so no excavation work is necessary. The new 4 foot wide walkway deck extension connects to an existing deck and roof and will not require any grading change. (It will be cantilever over the existing grade.) Further, all development is taking place within the footprints of the existing structure. Since this project received full 8040 approval in August 1986 (enclose decks) and June 1987 (garage), no further geological review should be necessary. Mr. Tom Baker July 5, 1989 Page 2 Uncovered decks that are above natural grade after addition will total 705 square feet, 14.9% of allowable floor area. Sincerely yours, G avis, By Roger rr 1095 Ute Avenue Aspen, CO 81611 920 -1203 JTK /klh Enclosures 1.71 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 73/89 PARCEL ID AND CASE NO. DATE COMPLETE: 1 "1fBq 2737- 182 -68 -002 72A -89 STAFF MEMBER: 1 -4 2 -s l a, PROJECT NAME: Davis Exemption from 8040 Greenline Review Project Address: 1095 Ute Avenue Legal Address: Lot 2, Hoaa Subdivision APPLICANT: I. G. Davis Applicant Address: 1095 Ute Ave REPRESENTATIVE: Roger Kerr Representative Address /Phone: 406 G. Pacific Ave. Aspen, CO 81611 5 -8289 PAID: YES NO AMOUNT: $100.00 NO. OF COPIES RECEIVED: 3 TYPE OF APPLICATION: 1 STEP: 2 STEP: P &Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: )C Date: � - -- - - -- REFERRALS: City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. DATE REFERRED: INITIALS: FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Engineer Zoning Env. Health Housing Other: FILE STATUS AND LOCATION: • ATT OIME TP 1 LAND USE APPLICATION FOIST 1) project Name DAVIS BEDROOM ADDITION 2) project location 1095 UTE AVENUE LOT 2, HOAG SUBDIVISION (indicate street address, lot & block nimber, legal description where appropriate) 3) Present Zoning R -15 4) Tat Size 18,566 sq.ft. 5) Applicant's Name, Address & Phone # I.G. DAVIS, JR., 1095 UTE AVENUE, ASPEN, CO. (303) 920 -1203 6) Representative's Name, Address & Phone # ROGER KERR., ARCHITECT 406 G. PACIFIC AVE. 925 -8289 7) Type of Application (pleas die k all that apply): Conditional Use Conceptual SPA Conceptual Historic Dev. Special Review Final SPA _ Final Historic Dev. X 8040 Greenline Conceptual POD _ Minor Historic Dev. Stream Margin Final PUD _ Historic Demolition Mountain. View Plane _ Subdivision _ Historic Designation Condaminiumization _ Ttiext/Map Ameni0Pnt _ Q Allotment Lot Split/Lot Line _ Qi Exemption Adjustment 8) Description of F,dsting Uses (rnrber and type of existing stn approod.mate sq. ft.; amber of bedxoams; any previous approvals granted to the Prq erty) - EXISTING SINGLE FAMILY RESIDENCE WITH ATTACHED GARAGE, EXTSTTNG SQUARE FOOTAGE EQUALS 4281 SQ.FT.. EXTSTTNG PFnRmM - THRFF PRIOR APPROVALS: 1.) Aug. 1986, enclose exist roofed rlerlta 2.) June 1987, attached garage addition. 9) Description of Development Application A request for exemption from 8040 green line review. The development is a bedroom and bath addition on to• of .- '.• 10) Have you attached the following? X Response to Attachment 2, Minimum Sutmissicn Contexts X Response to Attachment 3, Specific S1ul: mission Contents X Response to Attachment 4, Review Standards for Your Application LAW OFFICES OATES, HUGHES & KNEZEVICH PROFESSIONAL. CORPORATION THIRD FLOOR. ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE LEONARD M. OATES ASPEN. COLORADO 81611 AREA CODE 303 ROBERT W. HUGHES TELEPHONE 9201700 RICHARD A. KNEZEVICH TELECOPIER 9209121 JOHN M. ELY OF COUNSEL: JOHN THOMAS KELLY July 11, 1989 Mr. Tom Baker Acting Planning Director Aspen /Pitkin Planning Department 506 East Main Street Aspen, CO 81611 Dear Mr. Baker: This letter is to state that Roger Kerr, architect, and /or John Kelly, attorney, are authorized to act on my behalf in the matter of the enclosed development application for a bedroom and bath addition. Their addresses and phone numbers are as follows: Roger Kerr, 4066 Pacific Avenue, Aspen - 925 -5828 John Kelly, 533 E. Hopkins Avenue, Aspen - 920 -1700 Copies of the powers of attorney are attached. Sincerel yo.r$ . la s r., cy n . 'e_ _v Attorney -in -fact 1095 Ute Avenue Aspen, CO 81611 920 -1203 JTK /klh Enclosures 1.70 POWER OF ATTORNEY (REAL ESTATE) KNOW ALL NIEN BY THESE PRESENTS. that L I.G. Davis, Jr. and Caroline M. Davis i of the County of Pi rkin . State of Colorado do make, constitute and appoint John Thomas Kelly , of the County of Pitkin . State of Colorado , to act as my true and lawful attorney for me and in my name. place and stead for my sole use and benefit to grant. bargain. sell. convey, purchase, encumber or contract for the sale or purchase of the following described real estate situate in the County of Pi rki n . State of Colorado . to wit: Lot 2, Hoag Subdivision This Power of Attorney includes the right to process any land use applications in the City of Aspen. My said attorney -in -fact is hereby authorized and empowered to collect such monies as may become due from the sale, and to make, execute, acknowledge and deliver contracts for sale, deeds, Deeds of Trust, and other instruments in writing of every kind and nature, including, but not limited to, the sale and loan closing documents and statements, upon such terms and conditions as my said attorney may deem necessary and convenient to accomplish such sale or conveyance of said real estate. My said attorney shall have full power and authority to do and perform all acts necessary to be done to complete a sale or conveyance of said real estate, with full power of revocation, hereby ratifying and confirming all that said attorney shall lawfully do or cause to be done by virtue of this Power of Attorney and the powers contained herein. f* lf6fs/lfoWe( Ait6 r /sddd Adt/WeJatfetid i64Vd(slatififi 61 /nL /p4ZioAV. HEWsldoWef 6f A„it61114/s6dd 6do6Inie/aWfekdde/dpIoit/t1Sd Ai4dditaly /df /ti{d 13dtdo41bai / *This Power of Attorney shall automatically expire by its own terms upon completion of the limited purpose set forth above. EXECUTED this 5th day of July , 19 89 / STATE OF COLORADO PRINCP av' _, r. COUNTY OF ve PITKIN ss �I "� 71. Da ` �[ ` �, - = C. olivis The foregoing instrument was acknowledged before me this 5th day of July 19 89 b I.G. Davis, Jr. and Caroline M. Davis the Principals Witness my hand and official seal. n� n D erc �p��' A Noia,v wblw 1 My commission expires: Ny Err rerti i• *Strike caner or both according to fact. No. 34R. Rev. 6-86. POWER OF AFTORNEY (REAL. EstcrE) Bradford Pohli.hing, 5825 w_ nth Av e.. Lakewood. CO MO214 —(107) 21-6900 447 ''t=ry/ POWER OF ATTORNEY (REAL ESTATE) KNOW ALL MIEN BY THESE PRESENTS. that I. I,G, Davis, Jr. and Caroline M. Davis of the County of Pi tki n . State of Colorado do make. constitute and appoint Rodger Kerr of the County of Pitkin . State of Colorado to act as II • my true and lawful attomey for me and in my name. place and stead for my sole use and benefit to grant. bargain. sell, convey, purchase, encumber or contract for the sale or purchase of the following described real estate situate in the County of Pitkin , State of Colorado to wit: Lot 2, Hoag Subdivision • This Power of Attorney includes the right to process any land use applications in the City of Aspen. My said attorney -in -fact is hereby authorized and empowered to collect such monies as may become due from the sale, and to make, execute, acknowledge and deliver contracts for sale, deeds, Deeds of Trust, and other instruments in writing of every kind and nature, including, but not limited to, the sale and loan closing documents and statements, upon such terms and conditions as my said attorney may deem necessary and convenient to accomplish such sale or conveyance of said real estate. My said attorney shall have full power and authority to do and perform all acts necessary to be done to complete a sale or conveyance of said real estate, with full power of revocation, hereby ratifying and confirming all that said attorney shall lawfully do or cause to be done by virtue of this Power of Attorney and the powers contained herein. */D4rfd t 6 dvbdr/ ot/ AA t oWeyl s4uitA66lUW &leN/by /dilaMifft% bf Wp4W i4f thid odvie4 lot /A4icidey /sithti bedo4dddfie&itd d fidt✓d i iishkiiil3/6f/tAi batik! *This Power of Attorney shall automatically expire by its own terms upon completion of the limited purpose set forth above. EXECUTED this 5th day of 11 , 19 89 STATE OF COLOR P ' INCIPAL I. . Da is, Jr. COUNTY OF PTTKTN ss. /a r ,. u " PAS lri The foregoing instrument was acknowledged before m e ( n M. Davis 5th day of J uly 19 89, by I.G. Davis, Jr. and Caroline M. Davis , the Principal.s. Witness my hand and official seal. nt ,.�{JI ,Notar, Public My commission expires: MjCO1 Tnisztn X$aS,keiie10,1992 *Strike either or both according to fact. No. 34R. Rev. 6 - $6. POWER (W ATTORNEY (REAL. 1LCTArK) Bradford Publishing, 5825 W. nth Ave., Lakewood. CO M)2 (303) 233 -b9(10 4 -87 l(.i'it% LAW OFFICES OATES, HUGHES & KNEZEVICH PROFESSIONAL CORPORATION THIRD FLOOR. ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE LEONARD M. OATES ASPEN. COLORADO 81611 AREA CODE 303 ROBERT W. HUGHES TELEPHONE 920-1700 RICHARD A. KNEZEVICH TELECOPIER 920-1121 JOHN M. ELY OF COUNSEL: JOHN THOMAS KELLY July 12, 1989 Aspen /Pitkin Planning Department 506 East Main Street Aspen, CO 81611 The undersigned, being an attorney duly licensed to practice law in the State of Colorado, hereby state that I have examined the records of the clerk and recorder of Aspen Planning and Zoning Commission from the effective date of Stewart Title Policy No. 0 9902 145408 until July 10, 1989, at 8 a.m. and find fee simple title vested in: I. G. Davis, Jr. Subject only to taxes for the year 1989 payable in 1990 and those items described on Schedule B -2 of the attached policy. Very truly yours, OATES, HUG S ' KNEZEVICH, P.C. John T. Kelly JTK /klh Attachment 1.73 ultl *:k NO.: 14 "23: SCHEDULE B Policy No.: 0 9902 145408 This policy does not insure against loss or damage by reason of the following: 1. R ights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. i 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any and all unpaid taxes and assessments and any unredeemed tax sales. F,, The etfect. of inclusion : - in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 7. Right; of way for ditches or canals constructed by the authority , .,t the United States, as reserved in United States Patent; r € r' itt Book 175 at Page 299. Easements and covenants as set forth on the r corded Plat of E.uhjec:t property recorded in Plat Book 4 at ge 218. 9. Easement and right of way as set rth in inst ument recorded February 23, 1979 in ook 363 at ':_e 876 as R.'eption No. 212161. \...) . STEWA T2'T' TI'T'LE Page3 GUARANTY COMPANY 1613 COPY FOR ISSUING OFFICE J LILY TYPE PROPERTY APPROVED SOURCE OF BUSINESS COUNTY CODE 1 MUNI C' PAI l Y 5 �..� PREMIUN. e-- - IMUL IANEOUS POLICY NO TYPE ATTORNEY 1 4030 2 R 3 4 5 097 6 7 8 $1,377.00 AB ITY AT REISSUE RATE LIABILITY Al SHORT TERM RATE ESCROW CHARGE ABSTRACT CHARGE EXTRA WORK CHARGE 1 10 11 12 13 —c.- FIRST SPECIAL CHARGE (CREDIT) SECOND SPECIAL CHARGE (CREDIT) THIRD SPECIAL CHARGE (CREDIT) TYPE AMOUNT TYPE AMOUNT TYPE AMOUNT 4 15 16 17 18 19 20 ALTA OWNER'S POLICY —Amended 10/17/70 MC / LD SCHEDULE A Order No.: 14238 Policy No.: 0 9902 145408 Date of Policy: July 23, 1986 At 3:35 PM Amount of Insurance: $ 550,000.00 1. Name of Insured: I. G. DAVIS, JR. 2. The estate or interest in the land described herein and which is covered by this policy, is: FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: I, G. DAVIS , JR. 4. The land referred to in this policy is described as follows: Lot. 2, HOAG SUBDIVISION, according to the re ded Plat thereof . (:‘ County of Pitkin, State of Colors \...) Stewart Title of Aspen, Inc. 602 E. Hyman Aspen, Colorado 81611 (303) 925 -3577 AU'itlO1ILED COUNTERSIGNATURE STEWART TITLE GUARANTY COMPANY :ODE 0012 Page 2 MEMORANDUM TO: City Attorney ity Engineer - 11 FROM: Janet Lynn Raczak, Planning Office lao` 3 RE: Hoag 8040 Greenline Review \ . Parcel ID #32737 - 182 -68 -002 DATE: July 8, 1986 Attached for your review is an application submitted by John Kelly on behalf of his client I.G. Davis, requesting 8040 Greenline Review approval for the construction of an 557 square foot addition to an existing 3,098 square foot residence on Lot 2, Hoag Subdivision. FACTS /HISTORY: The applicant I.G. Davis, Jr.., has signed a contact to buy real estate from Thomas P. Tatham, for the purchase of Lot 2,, Hoag Subdivision. The purchase and sales agreement is contingent upon obtaining successful 8040 greenline review by the Aspen Planning and Zoning Commission. They are on the agenda for an 8040 review on August 5th. In the event the applicant does not receive approval, the Contract shall be deemed null and void (at Mr. Davis' option). No date has been set as a deadline for obtaining such approval. The following is the Code section which applies to this case: "24 -6.2 8040 Greenline Review (a) Intention. To provide for review of all develop- ment above the 8040 greenline within the City of Aspen and all development fifty (50) yards belay the 8040 greenline so as to aid in the transition of development from urban uses to the adjacent agricultural and forestry uses; to insure that all development is compatible with the prevailing slopes; to provide for the least disturbance to the terrain and other natural land features of the area; to guarantee availability of utilities and adequate access; to reduce the impact of development on surface runoff, the natural watershed, and air pollution; to avoid losses due to avalanches, unstable slopes, rock fall and mud slides; and to enhance the natural mountain setting. (b) Review Criteria. In reviewing the development plan, the zoning commission shall consider the following: (1) Whether there exists sufficient water pressure and other utilities to service the intended develop- ment; (2) The existence of adequate roads to insure fire protection, snow removal and road maintenance; (3) The suitability of the site for development considering the slope, ground instability and possibility of mud flaw, rock falls and avalanche dangers; (4) The affects of the development on the natural watershed, runoff, drainage, soil erosion and consequent effects on water pollution; (5) The possible effects on air quality in the area and city wide; (6) The design and location of any proposed structure, roads, driveways or trails and their compatibility with the terrain; (7) Whether proposed grading will result in the least disturbance to the terrain, vegetation and natural land features; (8) The placement and clustering of structures so as to minimize roads, cutting and grading, and increase the open space and preserve the mountain as a scenic resource; (9) The reduction of building height and bulk to maintain the open character of the mountain." The only review criteria which appear to apply in this case are 24- 6.2(b)(6) and (9) above. After a brief review of the Aspen Area Comprehensive Plan: Parks /Recreation /Open Space /Trails Element, it does not appear that any trails have been proposed on the parcel in question, although a trail runs just behind this parcel. The Building Department should check the FAR calculations provided by the applicant. The Planning Office should determine is the building height and bulk has made and attempt to maintain the open character of the mountain. PLANNING OFFICE GOALS: After only a preliminary review of this application, it appears that the applicant's request can be granted. Please note that this is only a preliminary review and it is necessary for you to complete your referral comments and return them to Steve Burstein of the Planning Office no later than July 22, 1986. .^... JOHN THOMAS KELLY ATTORNEY AT LAW 117 SOUTH SPRING STREET ASPEN. COLORADO 81811 TELEPHONE (3031925-1218 June 26, 1986 Aspen /Pitkin Planning Department Aspen Planning and Zoning Commission Re: 8040 Greenline Review Addition to residence Lot 2, Hoag Subdivision Ladies and Gentlemen: I represent I.G. Davis, Jr. who is the contract purchaser of Lot 2, Hoag Subdivision which lies within 50 yards of the 8040 Line. A copy of the purchase contract is attached. As you will note in paragraph 3 of the addendum to the contract, the purchase is contingent upon Mr. Davis receiving approval for an addition to the residence of approximately 600 square feet in the form of the enclosure of decks off the main bedroom and living room. Consultation with Steve Burstein of the Planning Office has indicated that it is Planning's position that the proposed addition constitutes "development" under the code and that a review pursuant to Sec. 24 -6.2 of the code is necessary. With regard to such review, I would advise the Commission as follows: 1. Addition: The existing residence is 3,098 square feet. The lot is zoned R -15 and has an allowable F.A.R. of 4,709. With the addition, the square footage would be increased by 557 square feet to a total of 3,655 square feet - well below the 4,709 permitted for this lot. The entire addition would be within the existing building footprint and under the existing roofline. The addition requires no extension of the roofline or building outside the existing footprint. Enclosed is a photo of the residence as it exists today and also the architect's rendering showing the house after the proposed addition, stating the relevant project data. Complete plans have been submitted to the Building Department for their review and preliminary meetings have indicated no problems with the building code. • A Aspen /Pitkin Planning Department Aspen Planning and Zoning Commission June 26, 1986 Page 2 2. Review: Section 24 -6.2 sets forth nine review criteria. In my view, and I believe Steve Burstein concurs, is that the only applicable criterium is number 6 which deals with the design and location of the structures. Location should not be a problem as the addition is entirely within the existing building footprint and under the existing roofline. With regard to design, we believe the addition enhances the visual effect of the building. In any event, the visual impact is extremely minimal, as a comparison between the photograph and architect's drawing indicates. This is particularly true in view of the fact that the lot is heavily wooded and the view of the westerly half of the house is blocked by large pine trees. As stated above, the proposed addition would still leave the house more than 1000 square feet below the allowable E.A.R. The impact of the addition, based on the review criteria of Section 24 -6.2 of the code, is virtually nil. Since none of the stated principles or criteria upon which the 8040 Greenline Review is based would be violated, we would respectfully request approval for the addition. Please contact me with any questions or comments. Per you request, I have also included a copy of the title commitment and my Power of Attorney from Mr. Davis. Very truly yours, JTK /og i Jo n Thomas Kelly Enclosures cc: I.G. Davis, Jr. Roger Kerr I i ® ASPEN OFFICE ' - ! The plated portions of ale form approved by 161 I 611 ENymsn I Colorado Reel Estate Commission (SC 21-1 -8n Aspen Co I (303)925-7000 INS SHEIK IEIK NIRRBYENT. IF NOT UNDERSTOOD, LEGAL, TM ON OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. ❑ sNOwlAASM OFFICE M e nor m w MW .O. BOa 303 ! S G W4ea Ca e1616 RESIDENTIAL (303) 023 -3010 CONTRACT TO BUY AND SELL REAL ESTATE ❑ ( 923 ALE DUCE vi Carbon . s (Seller's remedy limited to Liquidated Damages) c0 e1e23 (3 (3031 3) 963-3 pea -3300 i1ABBORSMORBB June 7 Is 86 INCORPORATED 1. The undersigned agent hereby acknowledges having received from I.G. Davis Jr. • the sum of $_ in the form of personal check ,tobeheldby Carol Ann Jacobson Rea ty broker, in broker's escrow or trustee account, as earnest money and part payment for the following described real estate in the County of _Pi tk ui , Colorado, to wit: Lot 2, Hoag Subdivision Pitkin County, Colorado together with all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter provided, in their present condition, ordinary wear and tear excepted, known as No. 1 095 I Ile Av nue , and hereinafter called the Property. (Street Address. City, Zip) 2. Subject to the provisions of paragraph 17, the undersigned person(s) I.G. Davis Jr. (44MiML4Fa/tL 4ldc6AdIc/rIllidd hereinafter called Purchaser, hereby agrees to buy the Property, and the undersigned owner(s), hereinafter called Seller, hereby agrees to sell the Property upon the terms and conditions stated herein. 3. The purchase price shall be U.S. $_ - __, payable as follows: $__ — .. ereby receipted for; An additional earnest money payable within five (5) days of satisfaction of contingency regarding building permit described • on addendum attached hereto, and the balance of payable in cash or certified fdnds at closing. • 4, Price to include any of the following items currently on the Property: lighting, heating, plumbing, ventilating, and central air conditioning fixtures; attached TV antennas and /or water softener (if owned by Seller); all outdoor plants, window and porch shades, venetian blinds, storm windows, storm doors, screens, curtain rods, drapery rods, attached mirrors, linoleum, floor tile, awnings, fireplace screen and grate, built kitchen. a fiances, wall- to-wa))1 carpeting all furnishings as shown on June 7, 1986. Auenipr O le I- 44411r r Xo be gpfroJog( Boyer SMr e/ d 4a Si(1_ "I(� / _,. T all in their present condition, conveyed free and clear of all taxes, liens and encumbrances except as provided in paragraph 11; provided, however, that the following fixtures of a permanent nature are excluded from this sale: None Personal property shall be conveyed by bill of sale. ! 11/010401tPAA OAFIdpi`,I AAWAAt�dANdili4iA1 ,S' idall arii4M1d> 4l iLIAAi41 ;! apply for s• • oan, (b) execute all documents and furnish all information and documents required b • - ender, and (c) pay the customa . •sts of obtaining such loan. Then if such loan is not approved on or bets 19_, or if so approved but 1- - • available at time of closing, this contract shall be -• nd void and all payments and i things of value received hereunder s . - returned to Purchaser. 6. If a note and trust deed or mortgage is •e assumed "• c aser agrees to apply for a loan assumption if 'i required and agrees to pay (1) a loan transfer fee not ed $ and (2) an interest rate not to exceed % per annu •• e loan to be as d has provisions for a sh ared equity or variable interest rates or variable payme • is contract is conditioned upon u ser reviewing and consenting to such provisions. If the lende ' nsent to a loan assumption is required, this contract i taloned upon obtaining such consent with • ange in the terms and conditions of such loan except as herein provided. 'L a note .t be [ maadepayyable to Seller as partial / or full payment of the purchase price, this con shall not • • J _ lteNVI I. 7 f ISFq•wl�iriv f )�V W/wJ'itlachiiIt il/auliU. No. SC-20-2-81. Contract to Ray and Sell Real Estate (Residential).— n red ford Publishing Co,, 5825 W. e., Lakewood. Colorado 80211- 1303)233 6900 — 9 -11 8 . 4'/ Ai //vi0141/$1104110, WI A O ASAP 1 Al • :,moon i ons to he iShnl purchase l Sf�7tyf�" p �x ur shall mmit r 1,i shed tithe red, ranee n hefo rn , 11111€ 20 ,19_$.6. d 11194A t /JtJ/ tad /IH/ ( J AAAA /s4/irfeki64fnWg44,se deliver the title insurance policy to Purchaser after closing and pay the premium thereon. ID. The date of closing shall be the date for delivery of deed as provided in paragraph 11. The Lour and place of closing shall he as designated by Car41Af1R_ 11. Title shall be merchantable in Seller, except as stated in this paragraph and in paragraphs 12 and 13. Subject to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient -- general. -- warranty deed to Purchaser on see addendum _, 19 , or, by mutual agreement, at an earlier date, conveying the Property free and clear of all taxes, except the general taxes for the year of closing, and except . _- _non2 ____.._ free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon, whether assessed or not; free and clear of all liens and encumbrances except none except recorded and /or apparent easements for telephone, electricity, water, sanitary sewer, and easements for those which do not affect marketability of title except the following restrictive covenants which do not contain a right of reverter: those which do not affect marketability of title and subject to building and zoning regulations. 12. Except as stated in paragraphs 11 and 13, if title is not merchantable and written notice of defect(s) is given by Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing, Seller shall use reasonable effort to correct said defect(s) prior to date of closing. If Seller is unable to correct said defects) on or before date of closing, at Seller's option and upon written notice to Purchaser or Purchase's agent on or before date of closing, the date of closing shall be extended thirty days for the purpose of correcting said defect(s). Except as stated in paragraph 13, if title is not rendered merchantable as provided in this paragraph 12, at Purchaser's option, this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. • 13. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this • transaction or from any other source. Provided, however, at the option of either party, if the total indebtedness secured by liens on the Property exceeds the purchase price, this contract shall be void and of no effect and each party ' hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 14. General taxes for the year of closing, based on the most recent levy and the most recent assessment, prepaid rents, water rents, sewer rents, FHA mortgage insurance premiums and interest on encumbrances, if any, and homeowners or other Special assessments he apportioned to date of delivery of deed. 15, Possession of the Property shall be delivered to Purchaser on Cl 051 ng subject to the following leases or tenancies: none If Seller fails to deliver possession on the date herein specified, Seller shall be subject to eviction and shall be liable for a daily rental of $. _5Il11 00 until possession is delivered. 16. In the event the Property shall be damaged by fire or other casualty prior to time of closing, in an amount of not more than ten percent of the total purchase price, Seller shall be obligated to repair the same before the date herein provided for delivery of deed. In the event such damage is not or cannot be repaired within said time or if the damages exceed such sum, this contract may be terminated at the option of Purchaser and all payments and things of • value received hereunder shall be returned to Purchaser. Should Purchaser elect to carry out this contract despite such damage, Purchaser shall be entitled to all the credit for the insurance proceeds resulting from such damage, not I exceeding, however,.the total purchase price. Should any fixtures or services fail between the date of this contract and the date of possession or the date of delivery of deed, whichever shall be earlier, then Seller shall be liable for the ■ repair or replacement of such fixtures or services with a unit of si mitar size, age and quality, or an equivalent credit. 17. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment ': due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as herein provided, there shall be the following remedies: (a) IF PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be j forfeited by Purchaser and retained on behalf of Seller and hot h parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are L1Qt11 DATED DAMAGES and (except as provided in subparagraph (c)) are the SEI,LER'S SOLE AND ONLY REMEDY for the Purchaser's failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance ' i and additional damages. (b) IF SELLER IS IN DEFAULT, (1) Purchaser may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be retuned to Purchaser and Purchaser may recover damages as may be proper, or (2) Purchaser may elect to treat this contract as being in full force and effect I and Purchaser shall have the right to an action for specific performance or damages, or both. (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this it contract, the court may award to the prevailing party all reasonable costs and expense, including attorneys' fees. 18. Purchaser and Seller agree that, in the event of any controversy regarding the earnest money held by broker, l unless mutual written instruction is received by broker, broker shall not be required to take any action but may await 1 any proceeding, or at broker's option and discretion, may interplead any moneys or things of value into court and may 11 recover court costs and reasonable attorneys' fees. I I _. 0 • 19. Additional provisions: I • See addendum attached hereto and incorporated herein I I 1 !i 1 it 1 1. ; il • • 'I I I I I• . 11 1 I I I 20. If this pry .Deal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before II I 1 _ i J ne ]` , 19 , this instrument shall become a contract between Seller and Purchaser and shall I n I nure to the bene of the heir , uccessors and assigns of such parties, except as stated in paragraph 7. II L, Broker- - son &Morse Inc. rurrhq :rG. Davi • Jr. n11e 1 ii „rrh ".er " " "' Robert E. Ca ger I II Purchaser's Address _Resort International, Inc.,_NQC.tt1_.CarQljp� _ __ _ Oa rd - k I " Atlantic City, New Jersey 08404 !j (The following section to be completed by Seller and Listing Agent) 1 2 1. Seller accepts the above proposal this day of , 19_._, and agrees i I to pay a commission of 6 % of the purchase price for services in this transaction, and agrees that, in 1 I the event of forfeiture of payments and things of value received hereunder, such payments and things of value shall I , be divided between listing broker and Seller, one -half thereof to said broker, but not to exceed the commission, and the 1 II balance to Seller. ll Ii ./i I I / L , „ • I Se er Seller __ - -_ -- 11 Thomas P. Tatham � Seller's Address 1072 North Beverly Dr., Beverly Hills, CA 90210 'I il Listing Broker's Name and Address Carol Ann Jacobson Realty, Inc. P.O. Box 1168 ' Aspen, CO 81612 II I I • I II 11 I 11 I1 II '! 1! . �I • i - ■`' ADDENDUM 1 Addendum to that certain Residential Contract fo Buy and Sell Real Estate (Seller's Remedy Limitated to Liquidated Damages) Dated June 7, 1986 between I. G. Davis, Jr., Purchaser, and Tatham, Seller, for that property known as Lot 2, Hoag Subdivision, Pitkin County, Colorado. 1. Inventory: Tatham shall provide Davis with full inventory of all items of personal property to be conveyed hereunder within ten (10) days of execution of this contract . All appliances shall be in good working order as of the closing date. 2. Real Estate Transfer Tax: Davis acknowledges that he will be responsible for paying the Real Estate Transfer Tax on Property in the amount of one -half of one percent of the purchase price at closing. 3. Contingency: This contract is expressly contingent upon the Purchaser receiving approval from the City of Aspen Building Department (or other applicable governmental authority) for an addition to the existing residence of approximately 600 square feet. Said addition shall involve the enclosure of the decks off the master bedroom and living room. In the event such approval cannot be obtained, this contract shall, at Purchaser's option, be deemed null and void and all earnest money shall be returned to Purchaser. 4. Closing: Closing shall occur on August 12, 1986 or ten days after the granting of the approval for expansion of the existing residence referred to in paragraph #3 above, whichever comes first. 5. Survival of Representations: The terms, conditions and obligations of this Addendum shall, to the extent necessary, survive the closing and not be deemed to merge with the documents to be executed thereat. 6. Foreign Transferor: Seller warrants that he is not subject to witholding as defined under internal Revenue Code Section 897 (Foreign Person Transferror) and will execute an Affidavit prior to closing substantially in the form attached as Exhibit "A ". 7. Counterparts: This Addendum may be executed in counterparts and shall become a binding agreement upon execution by all parties hereto. DATED: Jun- 1986 /41,00/ - 0 I. G. Davis, Jr Seller Date