HomeMy WebLinkAboutLand Use Case.210 Eastwood Dr.A033-98 •
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��PARCE[ �D 2737 181 20 014 ]_t RAT R-CVD 05/04/98 �� #COP ES CASE',NO A033-98
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CASE AME Mathys 8040 Greenline Review aa Chris Bendon
PROD ADDR. 210 Eastwood Road i GASE TkXe 8040 Greenline SITEPS
OW APP;;Mathys,.Marc wvAtift 210 Eastwood Rd SJZg Aspen, CO 81611 PHN 544-6333
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RESOLUTION OAPHE ASPEN PLANNING AND ZON G COMMISSION
APPROVING AN 8040 GREENLINE REVIEW FOR THE MATHYS
RESIDENCE, 210 EASTWOOD DRIVE, CITY OF ASPEN.
PARCEL NO. 2737-181-20-014
Resolution #98 - lZ
WHEREAS, the Community Development Department received an application
from Marc Mathys, owner and applicant, for an 8040 Greenline Review for an
enlargement of an existing single-family home at 210 Eastwood Drive; and,
WHEREAS, the proposed development will add more than 10% of the existing
Floor Area, thus requiring review and approval by the Planning and Zoning Commission;
and,
WHEREAS,the Planning and Zoning Commission may approve development
within the 8040 Greenline Environmentally Sensitive Area in conformance with the
review criteria set forth in Section 26.68.030; and,
WHEREAS,the City Engineer, Parks Department, and Community Development
Department reviewed the proposal and recommended approval with conditions; and,
WHEREAS, during a regular meeting on June 16, 1998, the Planning and Zoning
Commission approved, by a 6-0 vote, the 8040 Greenline Review for the Mathys
Residence, 210 Eastwood Drive, with the conditions recommended by the Community
Development Department, as amended by the Commission during the meeting.
NOW,THEREFORE BE IT RESOLVED by the Commission:
That the 8040 Greenline Review for the Mathys Residence, 210 Eastwood Drive, is
approved with the following conditions:
1. Prior to issuance of a building permit,the permit plans shall demonstrate
conformance with the applicable dimensional requirements of the R-15b Zone
District. The applicant is encouraged, but not required, to conform to the 75 foot
MI=,4 0 setback from Highway 82 established through private covenants.
z2. Utility agencies are not liable for damage to, or the replacement of, improvements
='U located in utility easements. This includes landscaping.
-o Z 3. Prior to issuance of a building permit, the applicant shall gain approval from the
Y Aspen Consolidated Sanitation District for foundations along the east property
as—
mom J boundary and utility easement. Construction plans may need to be amended to
'—W prevent a conflict with the sanitary sewer.
mewa m 4. Prior to issuance of a building permit,the proposed evergreen trees along the
a Z southern property boundary shall be located so that the driplines are not within the
utility or utility maintenance easement. The planting pattern of these trees shall be
® m visually offset so as not to create a linear tree wall. Placement of these trees shall be
—CD approved by the Aspen City Forester.
�1.4 • 5. Prior to issuance of a building permit,the permit plans shall propose a driveway no
mom so wider than 18 feet and a five foot pedestrian useable space fronting the property in
-r
s.� the Eastwood Drive right-of-way.
—an 01
o3 6. Prior to issuance of a building permit, the applicant shall submit a drainage report
®°•° ° and a drainage plan, including a erosion control plan, prepared by a Colorado
-.2..4
licensed Civil ngineer which maintains sediment and debri' on-site during and after
construction. If a ground recharge system is required, a soil percolation report will
be required to correctly size the facility. A 2 year storm frequency should be used in
designing any drainage improvements.
7. Prior to issuance of a building permit, the applicant shall complete and record a
sidewalk, curb, and gutter agreement with the City Engineer.
8. Prior to issuance of a building permit, the applicant shall complete and record an
agreement to join any future improvement districts for the purpose of constructing
improvements which benefit the property under an assessment formula.
9. All utility meters and any new utility pedestals or transformers must be installed on
the applicant's property and not in any public right-of-way. Easements must be
provided for pedestals. All utility locations and easements must be delineated on the
— site improvement survey. Revisions to utility locations and easements must be
--J 8 delineated on a revised site improvement survey prior to issuance of-a certificate of
irmay t occupancy. Meter locations must be accessible for reading and may not be
MOM 4n 3 obstructed.
�a3
o= _ 10. A tree removal permit from the City Parks Department shall be required for the
- Y removal or relocation of trees.
...-6.-i-
mam J d 11. The applicant shall abide by all noise ordinances. Construction activity is limited to
=ut m the hours between 7 a.m. and 10 p.m.
-�z 12. The applicant must receive approval for any work within public rights-of-way from
—.i. the appropriate City Department. This includes, but is not limited to, approval for a
—m m mailbox and landscaping from the City Streets Department.
sm. m
-�a 13. Before issuance of a building permit,the applicant shall record this Planning and
m Zoning Resolution with the Pitkin County Clerk and Recorder located in the
a r. Courthouse Plaza Building. There is a per page recordation fee. In the alternative,the
III=—m applicant may pay this fee to the City Clerk who will record the resolution.
MEM�N 14. All material representations made by the applicant in the application and during public
m 46. meetings with the Planning and Zoning Commission shall be adhered to and
N considered conditions of approval, unless otherwise amended by other conditions.
APPROVED by the Commission at its regular meeting on June 16, 1998.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
.\C 0.......S --- ..
(-./
ity Attorney Sara Garton,Chair
t`} .»t 1,.s. ..
ATTEST: A 1 , _„ , 11 r . . .
/ S, t -', j II e {j 1 ...a .
1Tity Clerk
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Stan Clauson, Community Dev;•lopment Director
j
FROM Christopher Bendon, Planner �.
RE: Mathys 8040 Greenline Review --210 Eastwood drive
DATE: June 16, 1998.
SUMMARY:
Marc Mathys, owner and applicant, is requesting an 8040 Greenline approval to
enlarge an existing single-family residence at 210 Eastwood.Drive. The proposed
development is significant enough to require a review by the Planning and Zoning
Commission and is not eligible for an exemption.
The site improvement survey appears to restrict further the placement of
development (setbacks)than the R-15b Zone District. These restrictions,
however, are private covenants and are not enforceable by the City. The applicant
is encouraged to conform to these restrictions to avoid conflicts with neighbors.
Staff recommends approval of the Mathys 8040 Greenline Review,with
conditions.
APPLICANT:
Marc Mathys, owner.
LOCATION:
210 Eastwood Drive. Lot#10 Eastwood Subdivision.
ZONING:
R-15B. Moderate Density Residential.
LOT AREA(FOR PURPOSES OF FAR):
14,343 square feet. There are no reductions for slope in the R-15B Zone District.
FAR:
Existing: 2,522 s.f.
Allowable: 3,587 s.f.
Proposed: 3,536 s.f.
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CURRENT AND PROPOSED LAND USE:
Single Family Residence.
PREVIOUS ACTION:
The Commission has not previously considered this application.
REVIEW PROCEDURE: •
8040 Greenline. The Commission shall approve, approve with conditions, or
disapprove the application at a hearing.
BACKGROUND:
The Eastwood Subdivision was approved in Pitkin County and subsequently
annexed into the City of Aspen.
STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit "A." Agency
referral comments have been included as Exhibit"B." The application has been
included as Exhibit "C."
RECOMMENDATION:
Staff recommends approval of the Mathys 8040 Greenline Review with the
following conditions:
1. Prior to issuance of a building permit,the permit plans shall demonstrate
conformance with the applicable dimensional requirements of the R-15b Zone
District. The applicant is encouraged, but not required,to conform to the 75 foot
setback from Highway 82 established through private covenants.
Q2. e existing conifers along the eastern property boundary shall be relocated so that
the driplines of the trees are outside of the utility easement iUtility agencies are not
liable for damage to, or the replacement of, improvements located in utility
easements. inckghj (4.4c;( ;)► .
3. Prior to issuance of a building permit,the applicant shall gain approval from the
Aspen Consolidated Sanitation District for foundations along the east property
boundary and utility easement. Construction plans may need to be amended to
prevent a conflict with the sanitary sewer.
4. Prior to issuance of a building permit,the proposed evergreen trees along the
southern property boundary shall be located so that the driplines are not within the
utility or utility maintenance easement. The planting pattern of these trees shall be
visually offset so as not to create a linear tree wall. Placement of these trees shall be
approved by the Aspen City Forester.
5. Prior to issuance of a building permit,the permit plans shall propose a driveway no
wider than 18 feet and a five foot pedestrian useable space fronting the property in
the Eastwood Drive right-of-way.
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6. Prior to issuance of a building permit,the applicant shall submit a drainage report
and a drainage plan, including a erosion control plan, prepared by a Colorado
q �'{ licensed Civil Engineer which maintains sediment and debris on-site during and after
\ ` construction. If a ground recharge system is required, a soil percolation report will
be required to correctly size the facility. A 2 year storm frequency should be used in
designing any drainage improvements.
7. Prior to issuance of a building permit,the applicant shall complete and record a
sidewalk, curb, and gutter agreement with the City Engineer. <
8. Prior to issuance of a building permit,the applicant shall complete and record an
agreement to join any future improvement districts for the purpose of constructing
improvements which benefit the property under an assessment formula.
9. All utility meters and any new utility pedestals or transformers must be installed on
the applicant's property and not in any public right-of-way. Easements must be
provided for pedestals. All utility locations and easements must be delineated on the
site improvement survey. Revisions to utility locations and easements must be
delineated on a revised site improvement survey prior to issuance of a certificate of
occupancy. Meter locations must be accessible for reading and may not be
obstructed.
10. A tree removal permit from the City Parks Department shall be required for the
removal or relocation of trees.
11. The applicant shall abide by all noise ordinances. Construction activity is limited to
the hours between 7 a.m. and 10 p.m.
12. The applicant must receive approval for any work within public rights-of-way from
the appropriate City Department. This includes, but is not limited to, approval for a
mailbox and landscaping from the City Streets Department.
13. Before issuance of a building permit,the applicant shall record this Planning and
Zoning Resolution with the Pitkin County Clerk and Recorder located in the
Courthouse Plaza Building. There is a per page recordation fee. In the alternative,the
applicant may pay this fee to the City Clerk who will record the resolution.
14. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and
considered conditions of approval,unless otherwise amended by other conditions.
RECOMMENDED MOTION:
"I move to approve the 8040 Greenline Review for the Mathys residence, 210
Eastwood Drive with the conditions outlined in the Community Development
Department Staff memo dated June 16, 1998."
ATTACHMENTS:
Exhibit "A" -- Review Criteria and Staff Findings
Exhibit `B" -- Referral Agency Comments
Exhibit"C" -- Application
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Exhibit A
Review Criteria and Staff Findings:
26.68.030 8040 greenline review.
A. Applicability. The provisions of 8040 greenline review shall apply to all
development located at or above 8040 feet above mean sea level (the 8040
greenline) in the City of Aspen, and all development within one hundred fifty (150)
feet below the 8040 greenline, unless exempted pursuant to Section 26.68.030
(B).
Staff finding:
The property is within this area and is not eligible for an exemption.
C. 8040 greenline review standards. No development shall be permitted at, above,
or one hundred fifty (150) feet below the 8040 greenline unless the commission
makes a determination that the proposed development complies with all
requirements set forth below.
1. The parcel on which the proposed development is to be located is suitable for
development considering its slope, ground stability characteristics, including mine
subsidence and the possibility of mud flow, rock falls and avalanche dangers. If
the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize
and revegetate the soils, or, where necessary, cause them to be removed from
the site to a location acceptable to the city:
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2. The proposed development does not have a significant adverse affect on the
natural watershed, runoff, drainage, soil erosion or have consequent effects on
water pollution.
Staff finding:
The parcel is already subdivided and developed and there are no reported instabilities in
this area. The applicant will have to maintain sediment on-site during and after
construction.
3. The proposed development does not have a significant adverse affect on the air
quality in the city.
Staff finding: •
The increase in floor area is not expected to have a significant affect on air quality..
4. The design and location of any proposed development, road, or trail is compatible
with the terrain on the parcel on which the proposed development is to be
located.
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5. Any grading,will minimize, to the extent practicable, disturbance to the terrain,
vegetation and natural land features.
Staff finding:
The road for the subdivision is already in place. The applicant is proposing to modify the
driveway access which will have to be 18' wide at a maximum. The proposed evergreen
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south side of the property will have to be located outside of the utility
wall on the so p p y y
easement.
The property is subject°to building setbacks more restrictive than the Zone District. The
City does not have the ability to enforce these covenant restrctions but the applicant is
encouraged to obey the restrictions to avoid actions by neighbors.
The applicant is proposing decks within the area restrixcted by covenant. These decks do
meet the City's setback regulations and are not expected to negatively affect the 8040
ESA.
6. The placement and clustering of structures will minimize the need for roads, limit
cutting and grading, maintain open space, and preserve the mountain as a scenic
resource.
Staff finding:
The subdivision is approved. The Commission may want to discuss the proposed wall of
evergreens along the highway.
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7. Building height and bulk will be minimized and the structure will be designed to
blend into the open character of the mountain.
Staff finding:
The extent of development proposed is not expected to greatly affect the open character
of the mountain. The evergreens along the highway will eventually create a significant
barrier and may be more appropriately placed in a not-so-linear pattern.
8. Sufficient water pressure and other utilities are available to service the proposed
development.
9. Adequate roads are available to serve the proposed development, and said roads
can be properly maintained.
10. Adequate ingress and egress is available to the proposed development so as to
ensure adequate access for fire protection and snow removal equipment.
Staff finding:
The development can be serviced adequately. Roads for the subdivision are already in
place. The modified driveway design will not limit the ability of service or emergency
vehicles to access the property.
11. Any trail on the parcel designated on the Aspen Area Comprehensive Plan:
Parks/Recreation/Open Space/Trails Plan map is dedicated for public use.
Provide access to natural resources and areas of special interest to the
community.
Staff finding:
The increased floor area request does not affect access to public resources. The
Parks Department did not report any designated trails for this property.
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0E4
_ .2 DRAFT
1:05
MEMORANDUM amasi"`
To: Chris Bendon,Project Planner
Thru: Nick Adeh,City Engineer
From: Ross C. Soderstrom,Project Engineer
Date: May 22, 1998
Re: Mathys 8040 Greenline Review
Physical Address: 210 Eastwood Road, City of Aspen,CO
Legal Description: Lot 10,Eastwood Subdivision,City of Aspen,CO
[Sec. 17 or 18,T1OS,R84W]
Parcel ID No.: xxxx-xxx-xx-xxx
After reviewing the above referenced application and making a site visit, I am reporting the combined
comments made by the members of the DRC:
The applicant will be required to complete the standard requirements and conditions associated with the
form(s)of development requested in the application.
Summary: The property is already substantially developed with an existing single family-type house and
the corresponding utility services and road. The proposed additions to the house do not appear to require an
increase nor change in the existing utilities beyond the normal range for which the utilities are sized for this
building. No other geologic, drainage, nor natural hazards were observed that would require mitigation nor
which would be adversely impacted by the proposed additions to the building.
1. Changes in Conditions: If the proposed use,density,or timing of construction of the project
change,or the site, grading, drainage, parking or utility plans for this project change subsequent to this review,
a complete set of the revised plans shall be provided to the Engineering Dept. for review and re-evaluation.
The discussion and recommendations given in this memorandum apply to the application and plans(dated May
1, 1998)provided for this review and such comments and recommendations may change in response to
changes in the use,density,or timing of the construction of the project, or changes in the site,grading,
drainage,parking or utility designs.
2. Patio and Tree Encroachments: The existing concrete patio, hot tub, and the conifers
(approximately 8 in number of average diameter of 2"-4" at 4 ft above grade) on the easterly side of the house
encroach into the utility easement to the east. Aspen Consolidated Sanitation District has a sanitary sewer -
main in this easement and therefore requests that the hedge of trees be removed and relocated out of the
easement. The property owner is advised that the utility companies are not liable for the replacement of
unauthorized improvements in utility easements if such improvements are disturbed in the operation,
maintenance or replacement of the utility service lines.
DRCM 1398.DOC
1 OF 3
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AL,' Memo-Mathys 8040 Greenline Revi
property owner shall obtain written clearance from the ACSD with regards to the proposed type of
�j foundations along the east side of the garage so as not to create a conflict with the sanitary sewer main in the
utility easement or its future maintenance. The width of the proposed garage may need to be reduced to obtain
the necessary clearance from the utility easement.
The site plan indicates that a hedge of evergreen trees will be planted along the southerly side of the property in
another utility easement. This hedge of trees should be relocated further north so that at least the drip line of
the mature trees will be outside of the utility easement. The property owner should consult with the City
Forester in the placement of the trees so as to minimize future harm to the trees.
3. Utility Services,Trash and Recycling Areas: Any new or relocated utility service connection
points, meters, or appurtenances need to be accessible to service personnel in the completed project and not
obstructed by garbage or recycling containers, other structures or landscaping. All existing and any new
easements for utilities shall be shown on the final improvement plans submitted for the building permit.
4. Site Drainage: The new development cannot release more than historic(pre-development) storm run-
J off flows from the site and any increase in historic storm run-off flows must be first routed and detained on the
site. A drainage report and design completed and stamped by a Colorado licensed civil engineer will be
required for the project to accommodate the drainage flows originating from the site. If a ground injection or
re-charge type drainage system is proposed, the percolation rate of the soils will need to be measured and
included as the basis for sizing the infiltration field. The drainage report and plan will be included with the
plan set submitted for the building permit application.
Precipitation intensity curves for a two year (2 yr.) storm frequency should be used in designing the drainage
improvements. Interim and permanent techniques for erosion and sedimentation control to preserve the site and
protect adjacent properties and rights-of-way will be included in the drainage report and plan.
5. Driveways, Parking&Pedestrian Area: The driveway width will be reduced to not greater
e than 18' wide in the area between the edge of pavement and the property line fronting Eastwood Drive. A five
(5) ft wide pedestrian useable space fronting the property on the Roar .Road right-of-way will need to
be shown on the site plan included in the building permit plan set. °
6. Sidewalk,Curb& Gutter: Although no such improvements are planned for this area in the near
future,the property owner shall complete and record a Sidewalk,Curb&Gutter Agreement prior to issuance of
the building permit.
7. Improvement Districts: The property owner is required to join any future improvement
districts formed for the purpose of constructing public improvements which benefit the property under an
assessment formula. The agreement would be executed and recorded concurrent with recording the
subdivision plat.
8. As-Builts: Prior to C.O. issuance the building permit applicant will be required to submit to the
Aspen/Pitkin County Information Services Dept. as-builts drawings for the project showing the property lines,
DRCM1398.DOC
2 0F3
• . Memo-Mathys 8040 Greenline Revile
building footprint,easements, encroachments, entry points for u tilities entering the property boundaries and
any-other improvements.
9. Work in the Public Rights-of-Way: Given the continuous problems of unapproved work and
P PP
development in public rights-of-way and easements,we advise the applicant as follows:
The applicant must receive approval from:City Engineering(920-5080)for design
of improvements, including landscaping and grading,within public rights-of-way;
Parks Department(920-5120)for vegetation species and placement,and irrigation
systems; Streets Department(920-5130)for mailboxes, street and alley cuts; and
shall obtain permits for any work or development, including landscaping,within
public rights-of-way from the City Community Development Department(920-5090).
DRC Meeting Attendees:
Applicant: none
Staff&Referral Agencies: Tom Bracewell,Mitch Haas,Ross Soderstrom,Chuck Roth,Ed
VanWalraven,Jack Reid,Bill Earley,John Krueger
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DRCM1398.DOC
3OF3
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® LAND USE APPLICATION
'Ro4cT: , ..
_Name:__OW f41 E.11. M kg_C= M i\-'Ffi y4 -' - —,.
Location. 2-1b-.:a4 FA.) 0 OD . �i L r I GU
1»16, 11-
(Indicate street address, lot& block number,legal description
where appropriate)
,PPLICANT:
Name: M Pr(4L M A,TI-I.'f(7
Address: 210 A` rwOc) lcZp 11VVapLN , CO 016911
Phone#: 70- 1,1;4 4 _- CQ"), -,.)
.EPRESENTATIVE: D atitioierro
Name: -Y6F1✓N p;Ull.l: ( I1`,I,C. P 1 12).,DrOIZD
Address: 6 w f)pii I i f 1-1 - '"2o,-;-254-,, A 1, Co P I la 1 1
Phone#: c}7.0- 5 20- 4 m I-.) Z p ACS LIZ_ 920-5 v 2L
-YPE OF APPLICATION: (please check all that apply):
] Conditional Use 0 Conceptual PUD ❑ Conceptual Historic Devt.
] Special Review 0 Final PUD(&PUD Amendment) ❑ Final Historic Development
] Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt.
] GMQS Allotment 0 Final SPA(& SPA Amendment) 0 Historic Demolition
] GMQS Exemption 0 Subdivision 0 Historic Designation
AK ESA- 8040 Greenline, Stream 0 Subdivision Exemption(includes ' 0 Small Lodge Conversion/
Mar Ih
g ,Hanam Lake Bluff, condominiumization) Expansion
Mountain View Plane
] Lot Split 0 Temporary Use L Other:
] Lot.Line Adjustment 0 Text/Map Amendment
EXISTING CONDITIONS: (description of existing buildings, uses,previous approvals, etc.) '
-,INK-,Ll� FAi LL ?+rf21D Nii/A I-, ADP &iA14 MDR f�13OV i 1NCR&AS Imo • R.- ,
'44 ` WITH IDLE) X1-Etsl_ 100 of 'I`.e�.[z -1,t✓UA`TION (i?14[✓ F1-13(--)12 C)HL )
'ROPOSAL: (description of proposed buildings, uses, modifications,etc.)-
II;IC ASE 1?-00 F 41 6111
lave you attached the following? FEES DUE: $ ft) -
Pre-Application Conference Summary
] Attachment#1, Signed Fee Agreement
] Response to Attachment#2, Dimensional Requirements Form
] Response to Attachment#3, Minimum Submission Contents - R E C E 1 a E D
] Response to Attachment#4, Specific Submission Contents
Response to Attachment#5, Review Standards for Your Application MAY 0 1 1998
ASP EN/PITKIN .
COMMUNITY DEVELOPM
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ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
Project: ra:Em of -'L 41Q 6LL .FA M la V-1 0a,\-1 c E
Applicant: AAA rt e A4 AT Fi\-1)
Location: .al() 'SAS-wOQ D rap , �'� I , a
Zone District: g-1
Lot Size:
Lot Area:
(for the purposes of calculating Floor Area, Lot Area may be.:reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: Proposed:
Number of residential units: Existing: Proposed:
Number of bedrooms: Existing: Proposed
•
Proposed % of demolition(Historic properties only):
DIMENSIONS:
Floor Area: Existing: 2/522 FAllowable: 3,5 8 7 '>I- Proposed: 3,c 3 G F
Principal bldg. height: Existing: 17'-o Allowable: 2 5' Proposed: -c
Access. bldg. height: Existing: Kilt, Allowable: Proposed:
On-Site parking: Existing: 41 t Required: 2. Proposed:
% Site coverage: Existing: N(A Required: Proposed: � i-
% Open Space: Existing: Required: Propo •i s
Front Setback: Existing: 3 �0 Required: W..... 'roposed: 3 v_o
Rear Setback: Existing: 7S 0 Required: a )'roposed: L
Combined F/R: . Existing: ?5 2-2 �F Required: 3 r`r` r Proposed: 3 3 to S F
Side Setback: Existing: I D Required: t I ' o Proposed.— 5,9-3-v.�
Side Setback: Existing: 22=v Required: I -0 Proposed: .5 -rf
Combined Sides: Existing: 44 Required: Proposed:
Existing non-conformities or encroachments: -
Variations requested: RaA o ue oR 6 I,U(-A.T& )
u i DeN DIziuEruAy
I � f
. • • !
;
i
MAY 4 199 - - - - - - - - -- -
ASPEN� 30c���< P"('PY sw,ITrl -st lk2os-Z84
LLWBUI E INC. A-sPEN ,� Este.I
c120- 44S2_
Design • Build • Develop
C-AtZt 5 FSE tJ T'o k3
-Aco 'F'ev'S 1 PIT V-%t. eovr►p ur.Jl -t-`(' TDEv6LopY E-i■1T
1 loo S . 6/01I.ENA St .
V , co SI ( I
Be" . 8o 40 tZE Lt tv C Re v i ew.1 -
AvTTACt-imE►JTS 4 45
KIT T 4
■ ti
fouoiDA-rtokl ReQutrtE,MENTS volt 1i4) S PRoJEct itiR . 14IvJi a.l►4L ,
fRovh THG 1s-I- $ DRIVEWAY , A FouNokTtok) C-6N BE pu( FOR
TikE Nett 6 Ace ArGt hr D Pitt VEw4y RE-TA tIJstvCi LJA-t.L wItl-IOu1-
D I S t u t213 t ry C-1 i4N y v6-61 E-rr4.-Tt o iJ . (s) p 1 CR. PADS Fo t2 T+e cmo T t L EVERE b
Wei.) Liu%NC� Rom to TFt-E -REAIZ WtLt- S6 puci 13y I-kitr.) D ANc.
CON ct2Tl L* 1-16 E L Ok(Z ow -1-u T H t- . T 4-1 US, Tt-TttZtr I S t.l T7 L1
IF ANY IM rAC1- Tv EXtSrtN 6 cow DI TI Oki S . ``) s • t4t-t- As 1=) --)1/41 1-RE6-S
•■Z. 41` iu V 04..1 D1Prnnert:12 CPF•) ( E RELoc#TeD okJ Tl+e EXISTtlJ 1,7120pe 'f
o(L RCrt-etc-ED wIT-4 JEW EveIzGreE'"E J -ME-6-S t14-At WILL_ 13E pLANTVD
MoNG rttE 41s-ttNA Beam or.) 14.44' 8Z . K<rrtr}fsJtNG, c-oN5Trzuc7tvof
L,, L. f'SE STIM-.)0 td2-O t2-6( I De-11/4.)TI A L FiL4r►■I ry G.
Akr 11%C1}tnn EST 5
TINS REMODEL_ of AK) E'IsTI i. G iced pEr.1c- PoSS Nor I - 'tc r AN Y
OE -114e CLEUEty CR% 1e Rz-t A ST► Dr-R.D S . TI-1 S Qvrtt2E H.)07-it 67 o f
-t 1656 (S BE I 0 G, 1 N C I26-, e 13V .e Los l,uy 1 to 11+e- I'I ST I N Gt CA) paR t-J
r&s V D 1 tv e l A M A S'(T l e DAD R6ov*. A t,o v E , Pt U D Pt- m t ►J I nn 4 L. (24 4 S F)
Ghk'rlc eve RED Ltt.t>JG Roow, . -toe E."11 ISttrJC, Fool- PIt.Itt1r
silimenme (pip
!!® tO c S u b-t c t-4 h N ct E ,_.
Ilnm<B Iders Associaliun of like Cuunry Hrtrnodcl..
® A4/ILL M A-T I-I YS
O c.JsJE 2
ENT ?_.10 E-AsfiW 0 u o rib
ASPEN 544- h33 0
BUILDERS, INC
Design • Build • Develop
.
TH—E pA1Z.LEl, /7 A L 12.P<PY DEVELOPED WITI4 A SINC7LE FAmILy DEMCC,
/71/Tt . M Ek1 DUN PA-T1 o N. t2- • R-E M I ni l MSG,
'EKIsfil N a1ZpvRt IS 5E1N6 Gl.O p III oN t )v I DES
PovN12P1-iU • R IIISM Folz-1EFA-T CA-N. )3E I7U0 fl-o THE 6-4 le71-1N6
0RIVEu , LIII.16 p1EI2 rluG, i 1 T1-1-L=17-67\---g_ oFTNEHousE
WILL g DUG f3Y I-IAN D ,-T14-1)S, 'IS Li Mt- If ANL{ f)Krujz /rrJCE" To THE
2. 1\101-1E - I✓ IrtEM
3. Moi1E
¢ .
No IFICAN.Tci4 6ES Tb eiRRA.DE
G . STTzuc-ia-ES - 'SEE- ITEM
7, bt-771 c i N wi LL ON L,( BE- I 61O %ts LloU t1CCEED I N4 I S—g 20 N I fq C,
-fro 0-kJ Rottpc efQuitZED, I XCtpr M (AA mt4 rrJ6 of n(vrwll y
Io '00 a14"cJ f T (Kit.JG e0N1)lrl0NS
11, "N o ' R-Ally a 12Vvi9Ffz--d
( )
Home Builders Association of Lake County It..rrrrr�rlr.0
•�EM=MM
• MAY-04-1998 05:32 • . MATHYS 970 544 6331 F.01
...;40. '7=.,, . \\ARRAN'L'V I)Il 1) • i
II
. TI cis of:o,nude this 2 0 day of Al)r i 1. 19 98
1 between MIAHIR .1ALI1,1
53 Rutland Gate, Apt . H
London, Sw7-1PL, EniOarrd .
.
ocrllt j-'baniraf ,ln.lStttirol-
• . ,glantur(r)and
MARC MATHYS
-hose legal address is 0220 N. SLarWOL1d 1)r. , Aspc:n, CC) 81611
i.
ol'the County of Pirk1ii and State of Col or:Id n ,grantee(r):
WITNESS,that the grautur(s),for and in consideration()idle sure of
TEN DOLLARS ($10.00) and archer stood and valuable cun:;idcerelrion CARS,
the receipt and sufficiency of which is hereby aeknus,+ledged,has • granted,bargained,sold and conveyed,and by these presents
dues grant.bargain,sell,convey and confirm,unto the grautee(i , h i heirs and assigns forever,all the real properly,
together with Improvements,if airy,situate,lying and being;in the County of P i C kin ,
State oiColuradu,described as hallows: -
1 .
Lot 10, EASTWOOD SUBDIVISION, according to chi:. PIaL
• thereof recorded .Juno 23, 1969 in Pint Book 4 arc
Page 4 as Reception No 1.35881 , and the Second
Amended Plat recorded August 30, 1991 in Plor. Book
27 at Page 37 as Reception No. 336038
.
also known by street and number ens: 02 10 Las L.+ood Road , Aspen , CO 3161 1
• assessor's schedule Or parcel number:
l OCE-L1IER with all and singular the hereditament;and stitauitenauce: these o belonging,or in any+rise alipertailiirlg, the reversion
and reversions, remainder and remainders, rents, Issues and profits thercul, and all the estate, right, (ilk,'interest. claim arid demand
whatsoever attic graniorb).,either in law Or equity,of,in and ru the above bargained premises,with the net editaments and appurtenances:
TO HAVE AND TO I TOLD the said premises above bargained and described,with the ippon:mow s. unto the gramee(T), his
heirs and assigns forever.The gra'ntoils),for him set f hi S heirs and personal representatives,do es
covenant, grant, bargain and agree to and with the grantee(. his heirs and assigns, thin ;1t the Irme of the ensealing and
' delivery of these presents, lie ]s well seized of Inc premises above conveyed,has good,sure,perfect,absolute and
indefeasible estate of aber itariee J in law,in fee simple,and has good right, lug(power and authority to giant, bargain, all and convey
the sumo in titanner and forill as;ifaresaid,and that the same are free and Clear front all forester and other t,miils,bargains,sales,liens,taxes,
assessments,encumbrances and restrictions of whatever kind or nature Soever,except C 1•tnse rigs C NIT S' SC+t Ee)r tit On
Exhibit A attached liereLO.
i
I
The grantar(yishall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable posses-
sion of the grantee(s), 1113:1 s
heirs and assigns,against all and every person or persons lawfully claiming the whole ur any part
1 thereof-
(,C') IN WITNESS WIII':REOI,the giarrtoi(Q Iva 5 executed this deed w: the date set fared' ah:icee,
c-�L MAilil: .1ALI1.I
ti O
1
hSfI l ( i)1.c1f(Alx) - I{
County:o!• Pitkin
The foregoing instrument was acknowledged before me this c t17 day of Apr i 1el�'Y� dl4s( _`�'
,, 4; .,
by 1`IAHIR JALILI I 4.
•
MARY CARMICHAEL Witness my hand and tflfieia!seal.
MY COMMISSION EXPIRE S
• My •nunission exphe• 1 ° �.% � i
_
ti�w 1 ` r
.k, ,ma '',Q S
•iriL1r01CLltStl-C1Ya11 '. y
roll IlQ'
I Name aid Addr ass ul xun Crew:ns N,,w11-Cre i d t.t6Sl O eripi era lk 1B-3i-l06.i,C.R.S.)
III '
No,932.Res,4-94, WARRANTY DEED(Fur PLotugrxptiic Record( (?4-J ,
• S ti • . , t xA 1 3u .
� :. Y �, oz cord aE:3 41 0, loc ,P+M ;,Julq 29, 1969 ,4 I '
Grp''ce tibn timber 136352 Peggy`B:•-1 kli�Cl 1 Recorder : ; .
=� � x ��. . ;� b ECf PAGL44 . '
� 4 : "
�!' ".. .T1.N ENDMENT:TO
• r PROTECTIVE COVENANTS
FOR �,
EASTWOOD SUBD,'iVISION _`''
? 1'
The undersigned, being all of the Owners of Lots located in Eastwood /
' Subdivision as the same appears on Plat filed in Plat Book 4 at Page 4 in the •
•
/.\ records in the office of the Clerk and Recorder of Pitkin County, Colorado, do • j
.1 J • {•hereby amend Paragraphs No. 3, No. 4 and No. 23 of those certain Protective • I- ;
.
Covenants for Eastwood Subdivision filed as Document No. 135882 in Book 241 .
at Page 704 of said records, to read and provide as follows:
" 3. Only one single family dwelling, together with structures appurten-
- ant thereto, shall be constructed on any lot in said subdivision, except that one . • • ■.
two-family dwelling and appurtenant structures may be constructed upon any t „ • {'
• of the following lots, to-wit: Lots numbered 6, 10, 12, 14, 19 and 27, as the :J
/
• same appear on the aforesaid Plat of Eastwood Subdivision. The right and %/
J
privilege of constructing such two-family dwellings iipon any of said lots shall
i ,
extend only to the immediate grantee or grantees of the undersigned Eastwood -:
Development, Inc., but in the event that the immediate grantee or grantees of
/1'
. \-.
the said Eastwood Development, Inc. resells or reconveys such lot without
having constructed a two-family dwelling thereon, no building thereafter shall
:,. be erected, altered, placed or permitted to remain on such lot other than one r/ '
single-family dwelling, together with structures appurtenant +hereto. Provided
further, that in the event a two-family dwelling is constructed upon any such lots, • I
it shall be constructed in such a manner +ha+ the living area contained within one
i
of the two units shall not exceed in size more than one-half of the total living area , /./
contained in the other unit: and no dwelling, single-family or two-family, con-
structed upon any lot in said Subdivision shall exceed a total area of 3,000 square
feet, exclusive of porches, garages and similar appurtenant structures. "
e } ,', arr:.ir `5 i V to P;; y4 M• Y'` l .. ,,, ! TN!!pVt n' �.
NI, ` . d ^+: �`/r >k ref . + a '
t
F. �'t a ,.°,41' �, .. k+4Vn .0 ti ;•,... '+a•4„.:. p ,,, a ,,,,A, ',.,,or Tti{.-` '�, ;too.,If tom' i
y' Yi o r' i it` • � , L', Y .r nr . F a° 45,�? + t 'j
T� aa p j * .£ ,•Y '
" o bu d44,app rt h s e`ture'shall be located on any to t ,
,o.„:4,,o,-....f,,-*A, ;:1 r ' `die.
,i K . nearer to the fron ine or',nearer to any sideline or Oar lot line than.as. ; •'
IA
, r indicated by the minimum setback lines as shown on Exhibit A annexed hereto ...
,
•t `' ' and incorporated herein by reference." you.
• •"23. . Enforcement of any of these covenants shall be by proceedings '"/
at law or in equity against any person or persons violating or attempting to
l'' violate any such covenant, and may be an action to restrain the violation or
to recover damages."
•i The undersigned hereby further ratify and confirm ail other provisions, . • •
reservations, conditions and restrictions imposed by and set forth in the afore-
J
said Protective Covenants for Eastwood Subdivision.
..
IN WITNESS WHEREOF, The undersigned have hereunto set their •
• respective hands and seals this _1 3„A/ day of July, 1969. •
'` .------
• .. 4 //_ .-:...01 David E• Desor;,
O`' �4• Donald Waldman•
• ,4/ •.• r
�- >` r /r '•• •`
EASTWOOD DEVELOPMENT, INC.
• l'' aTt.e., / Co/0/7
Secretary �//1 Presidentt_/
STATE OF COLORADO) ,
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me by David E. Desorcy
• I as President and Matilda C. Desorcy as Secretary of EASTWOOD DEVELOPMENT, INC.
a Colorado Corporation, and by DAVID E. DESORCY, DONALD WALDIVIANdua•gd
RHODA MARIE WALDMAN, this /_day of July, 1969. " ��j��'�1�� .��; '_
• Witness my hand and official seal. -;-11.�' if \'yU�� _
N y commission expires: a -2•y-
'',„"?‘,..'.3--.:.-6•j\,(�
le 16e_..,...e .-44-,. It4e:!4‘6r-j'' ' . :
otary Public •
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