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HomeMy WebLinkAboutLand Use Case.861 Ute Ave.0029.2012.ASLU F41 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0029.2012.ASLU PARCEL ID NUMBERS 2737-18-2-95-019 PROJECTS ADDRESS 861 UTE AVE PLANNER S cam- I CASE DESCRIPTION RESIDENTAL DESIGN REVIEW REPRESENTATIVE BOB BOWDEN DATE OF FINAL ACTION 5.14.12 CLOSED BY ANGELA SCOREY ON: 3.21.13 o"po 2 Q Ct 20 1 i'=11111f: - File EdIt Record Navigate Form Rapt Format Tab Hey 1X10) R*S U Ire Fee WM F&bm kimat R*L waivaGa, + CustomFiA IW IPA Pew �iaslu ,Asper,land�Jse pemd�0020?01?.ASCU y A.kw 1661 LITE AVE I Oh a Cty ASPEN aat8 CO 2p 161 aii MastaMmd Ro&9Guau2 u01 ! 2012 Z AMW pqa APPNCAiION FOR VARIA<JCE Urw D 5h&j DAVID DORR 544 2W0 0 B0 f25f2013 Ord — i Le no C-0NA SIERRA LLC ft name 00 E MAW S1 ASPEN CO 611 Phme( ) I a _ Q OWN is ap Al? Q Conhactm appic ? _ Last BOUVDEN DEVELOPMENT 0 Frst acme O 0 BOX 1410 ASPEN C061612 Phaoe(9I0)544 2000 C&f 22508 A6ess j lender Lai name Fed name I Phone () Address Public hearing for a height variance for a property known as 861 Ute Avenue. Public hearing notice pursuant to the land use code. Affidavit in planning file. The 861 Ute project is a new single-family home being built at the corner of Ute Ave and Aspen Alps road. Construction is ongoing and the home is nearly complete. The application seeks a height variance along the rear portion of the property. The City measures height to the lowest point around a building and their sunken patio areas are lower than were permitted causing a height problem. There's a decision on where to focus our energy tonight. I did spend some time in the memo on how we got here. My position requires I account for what anyone in my department does — good or bad. And, I do and will continue to put my name on anything that comes out of ComDev. Reviewing what happened here, I have no problem accounting for how staff handled this. They reviewed this very thoroughly and I'm proud of the professionalism and integrity they brought to bear. I can but I hope I don't need to spend much more energy on the how we got here question that but rather allow the applicant to talk about how to move forward. The City's variance criteria are strict and we don't think the application meets the criteria. It really needs to be a situation where there's truly no other option — their permit demonstrates how to comply. It also can't be a self-created situation — I think they were either aware or certainly could have been aware of the situation. We are recommending denial. To their benefit, I will say it's not a highly impactful variance. Much of the building is below the height limit. The increase in height is a patio that's lower, not a roof that's higher. And, it's on the back side of the property. Lastly I want to repeat something I heard when I very first started working here that stuck with me. Someone told me that Aspen is tough on issues but easy on people. That has some applicability here. I've know John Olson for some time, we're in Rotary together, he's done a lot of great things for the community, he's a good guy. I've also know David Johnston for some time, he used to be on the City's Planning and Zoning Commission and I have a lot of respect for him. I've only just recently met David Dorr, unfortunately under unpleasant circumstances, but I do think he's a stand up guy. Our recommendation is nothing personal, purely business, and regardless of the outcome, I'm sure we'll all continue to be able to work together. Questions. Letter from the Alps. Hardship — taking • It has to be a situation where the effect of the regulation deprives all practical utility of the property. • The regulation must deprive the applicant of a right commonly enjoyed by other properties in the same zone district. • And, it can't be self-created. Aspen Alps May 11,2012 Mr. Chris Bendon City of Aspen Community Development Director 130 South Galena Street Aspen, CO 81611 ELECTRONIC DELIVERY Dear Chris, Thanks for taking the time to bring me up to speed on the 861 Ute Avenue Height Variance Land Use Request. Since I will be unable to attend the meeting personally,I wanted to give you my comments to foiward to the City Council. While a lower patio might appear not to have any influence on the Aspen Alps,upon further reflection,a few observations come to mind. Since the property is adjacent to the Aspen Alps, and other construction activities have impacted the Aspen Alps, it stands to reason that this decision may,in the future, affect the Alps as well. First, the City of Aspen's engineering requirements were accepted by the owners and builders of the property. My assumption is that those requirements have some element of life safety features built into them. The owners at the Alps want no harm to come to anyone at the residence due to any unauthorized building changes or shortcuts taken by the contractor. Second, it is well documented that water and mud have flowed to and through that property in some past years. If a lower patio makes the property any more susceptible to flooding, damage that might occur to that property may impact the Aspen Alps in a variety of ways. As an example,if heavy equipment is necessary to restore the property after damage,the property owners may seek to use Aspen Alps Road for such work, which may have a negative effect on our owners and guests. Third,the owners of the 861 Ute property sent a letter to the Aspen Alps in February of 2011. In that letter,the owners implied that past flood and mud events were somehow the responsibility of the Aspen Alps, and they inquired as to what the Alps intended to do about this issue. While the Aspen Alps believes their assertions incorrect(and we have educated them as such),the letter demonstrated a lack of understanding and a propensity to blame others for their own inconveniences. I have included the correspondence and our 700 Ute Avenue,Aspen, Colorado 81611 (800) 228-7820 Fax (970) 920-2528 Info@aspenalps.com www.aspenalps.com Recipient of the 2005 and 2006 Greentree Award for Environmental Stewardship,Aspen ZGREEN Business - � a h 1. Laqu_na Bay. Cap' lfal Laguna Sierra LLC To:Aspen Alps Board of Directors and Management Team From:Tim Biggs/Sierra Laguna Cc:Bob Bowden Development,John Olson Bulldar,Peter Thomas Attorney Date:Feb g,2011 Re:Adjacent Property at Ute Ave and Aspen Alps Rd. Dear Gentlemen, I am writing today to Introduce myself as the new owner of the vacant parcel on the corner of Ute Ave and Aspen Alps Rd:,Just to the north of the Aspen Alps open space.:Since our properties run adjacent to each other,and I am basically downhill of you,I wanted to advise you of my plans to build and also share a concern I have had for a while related to ths.drainage that runs from.your property onto my property. To bring you current with my project, closed the property at the and of 2616 and have since pulled a b Aiding permit through.John Olson Builders with the:City of Aspen.Qisori Is preparing to break ground.very shortly;and in as much,has expressad.a concern about the surface drainage that historically has run from your property on and around my.property,: John Olson has shared numerous photos:depicting.significant spring run off and advised that this water could damage my now home'if not addressed prior to this year`s spring run off. This has In all likelihood not been a concern while.my parcel was vacant.However,now that we are about to begin construction,Olson Insists this drainage be addressed. I wish to bring to your attention your responsibility. I am therefore writing to simply ask.how the Alps plans to address this drainage.John.Olson offered to hand deliver this request and suggested he could have some conversation about possible ideas with you.Time Is of the essence;so I would appreciate a response as soon as possible,either to me or John Olson as my agent. I appreciate your consideration o this matter and look forward to hearing back from you, Sincerely, i y .STEPHEN TIMOT Y B GS MANAGER LAGUNA SIERRA LLC Laguna Bay Capital Pty Ltd I PO Box 2.718 Fortitude Valley QLD 4008 1 T:1-617:3.123 0660 1 F:+617 3319 0.956 l Laquna Sierra LLC 1215 S Monarch Aspen Co 81611 USA I T.+1910 9813062 f i f STAIRWELL STRUCTURE .,, WALKWAY 3t-2nd—arc FLOORS ID Zl. ELECTRIC -` • t 9. ;f' TRANSFORMER - y2 _ - WALKWAY 1st-2nd--31 FLOORS t. y ,t` J FIRE HOSE . .:,•Yco CONNECTION k R TIE STEPS JO 7936. �,f�{ �(j�+ 4()IjN f 8~ CAPPED PVC RI: '� BACKWATER ALV FIRST FLOOR t , o WALKWAY - � ,.AP CONC. ET} -: . WALK, - . _ f �'` a^�`' f :,� f'l ti£<< 2p i,, The City of Aspen City Amarnev's Office May 19, 2012 VIA EMAIL David Dorr John Olson Builder, Inc. 200 East Main Street Aspen, CO 81611 RE: 861 Ute Avenue - Land Use Application Memorandum - Corrections and Clarifications Memorandum Dear Mr. Dorr: Chris Bendon received the above-referenced document and forwarded it to me for review. Given various requests and statements contained therein, I thought it would be appropriate for me to respond. Your email and the document itself requests that the document be placed in the "permanent file for this land use case" and that it be distributed to staff. Since you have submitted this document to the City, it will be placed in the files regarding this property. Chris Bendon as the supervisor of all of the staff involved in this matter has decided not to distribute it to staff. I support that position. As to the "permanency"of this document or the file itself, both are subject to retention policies of the City that are outlined in City codes and policies. Further, it should be noted that although this will be maintained with the file, this will not be considered as part of the"record" of the proceedings before Council on May 14, 2012. The "record" in any matter has specific considerations that are applicable in court contests. It includes what was presented at a council meeting. The "record" cannot be supplemented after the hearing. In this light, we would note that we disagree with many, if not most, of the characterizations and statements made in this document. It is not my intention here to address these items. Nonetheless, I did not want this to be placed in the file without noting the City's position. Finally, although this will not be part of the official record in this case, since you have requested that Council members be made aware of this document, I will advise Council of the existence of the document. Thank you. Sincerely, [Electronic Copy: Original Signed by James R.True] James R. True City Attorney 920-5108 cc: Chris Bendon 2 May 15`h,2012 CLARIFICATIONS AND CORRECTIONS TO THE MEMORANDUM REGARDING RESOLUTION NO. 51, SERIES 2012, PUBLIC HEARING, AS SUBMITTED BY CHRIS BENDON, COMMUNITY DEVELOPMENT DIRECTOR, DATED MAY 14, 2012 ("The Bendon Memo") Introduction: Whereas aspects of the public's and city council's perception regarding the height matter at 861 Ute Avenue were based on The Bendon Memo, and whereas that same memo is viewed by the applicant to have only partially portrayed or portrayed in a misleading manner some facts and some circumstances surrounding the matter,this document has been prepared by the applicant's representative as a response, to be included in the permanent file for this case. It is the intent of this document to memorialize clarifications and corrections to The Bendon Memo, from the view of the applicant. This document is not intended to correct every aspect of the Bendon Memo which the applicant views as a factual inaccuracy, misrepresentation, or skewed implication, but rather to provide specific clarifications to the erroneous representations and inaccurate implied meanings from the Bendon Memo which are viewed as most grossly incorrect or misleading. It is hereby requested that a copy of this document be provided to all city staff members who participated in the May 14`h public hearing, or who were involved in the preparation of the staff memo, or the meetings leading up to the preparation of that memo. It is likewise requested that members of City Council be made aware that this document has been submitted to city staff for inclusion in the permanent file. The contents below reference specific sections of the Bendon Memo by page number and paragraph number. Page 2, First Paragraph: The Bendon Memo reads: "In reviewing the Johnston design, Zoning Office Claude Salter requested clarifications of heights along the rear faVade of the building. New plan sheets were submitted with the rear facade showing a dimensioned height of twenty four fee eleven and one half inches, 24'— 11 '/". The height limit in this zone district is 25 feet. The plans demonstrated compliance and the permit was issued in June, 2011." Response: The plans only demonstrated compliance via one erroneous dimension, on one elevation drawing one plan sheet. The plate height on that elevation, the scaled dimension of that elevation, all other elevations, and the rest of the approved plan set show the building as it was constructed—with an exterior wall dimension exceeding 25'. This dimension in question is obviously erroneous, Page 1 of 5 as indicated by the plate height elevation and the scaled dimension of the very same fagade of the building. An educated, but cursory review of the subject elevation would conclude that the 24' — 11 ''/s" dimension was erroneous and not a possible outcome of the construction of the building. Furthermore, other drawing sheets in the plan set(each of which was marked `approved' or `reviewed' by the Zoning Officer) show the building which was built. It is therefore the view of the applicant that the plans—as they were reviewed and approved—did not with any continuity or cohesiveness demonstrate compliance as stated in the Bendon Memo. The project was then constructed in accordance with those approved drawings, in full reliance on the City's approval of the plans and in reliance on the accuracy and continuity of the design information in those approved plans. The permit was, in fact, issued in early August 2011. (The zoning department have approved the plans in the month of June.) Page 2, Second-to-Last Paragraph: The Bendon Memo reads: "On April 11`h, Deputy Director Jennifer Phelan responded to Olson's email. "The permit was issued based on the height measurements provided by the architect in the plan set, which showed compliance with the City's height regulations. Your field set should have the same pages that we used to approved Mr. Johnston's height representations. " The City's Building Department staff confirmed that the field set represents a height of 24'— 11 %". Response: To say that the field set of drawings (the drawings which were issued to the general contractor for construction by the Building Department) "represents a height of 24' — 11 %2" " is misleading, and conveys an inappropriately narrow view of the entire plan set which was reviewed, approved, and issued for construction. It is baseless for city staff to retroactively require compliance with one dimension on one elevation of one plan sheet, while the entirety of the approved plans show a different condition. City staff cannot rely on one erroneous dimension while ignoring the accuracy and continuity of the numerous other dimensions, elevations, and conditions shown elsewhere in the plan set. Page 2, Final Paragraph (continuing to Page 3): The Bendon Memo reads: "Mr. Olson met with the City Manager and City Attorney, both of whom visited the site with Claude Salter and Senior Planner Sara Adams. The City Attorney agreed with Planner Adams that a height variance could not be issued administratively. The height variance request was submitted April 30`'. " Response: It is important to note that the City Manager and the City Attorney encouraged the height variance request and provided their opinions that City Page 2 of 5 Council would likely view the request favorably. Those recommendations by these individuals were the basis of the application being submitted. Page 3, First Paragraph: The Bendon Memo reads: "On May 3rd, Community Development Director Chris Bendon met with the project architect David Johnston, and project contractor David Dorr. It was confirmed by architect Johnston that the June 2011 plans provided construction details that made achieving the dimensioned height of 24' 11 %" impossible. Johnston stated "the construction detail did not work". It was also confirmed by contractor Dorr that the structure was not built according to the construction detail; the joist dimension was increased and additional wood was added under the roof membrane. " Response: The implications of this paragraph are grossly inaccurate. The General Contractor built the building in strict accordance to the structural drawings, to the architectural plate heights, and to the architectural details. Those drawings are from a construction perspective the sole indicator of structural dimensions (including joist dimensions) were prepared by the architect and structural engineer of record. Those dimensions and only those dimensions result in the size and height of the completed building. Neither the General Contractor nor Dorr were involved in the sizing of the joist. The joist was also never increased nor re-sized in any manner, and does not conflict with the corresponding detail in the architectural drawings (reference sheet A7.3 and its scale). Also noteworthy is that during the May 3`d meeting, Dorr never implied nor confirmed whether additional wood was added under the roof membrane. In fact, such terminology or phrasing was never used in any respect. The statement made in the Bendon Report is thus false. By extension,the Aspen Times' quote of this statement in an article published on May 14th is also false. Comments made by Dorr in this regard have been portrayed inaccurately, and well outside any reasonably-assumed context in which any comment may or may not have been made. As a matter of fact, the detail in the architectural pages is exactly what was built in the field, and no changes were ever made to the joist thickness. Inaccurate and/or out-of-context portrayals of Dorr's comments are damaging to Dorr,to the applicant, and to the General Contractor. It is hereby requested that any reference to any confirmation or statement by Dorr in this paragraph be retracted by City of Aspen staff, and that City Council be made aware of such retraction. The constructed building, in its current condition, sits exactly the same dimension as the indicated plate heights—as indicated on the structural and architectural Page 3 of 5 drawings—plus the thickness of the detail provided in the architectural drawings on sheet A7.3, which is accurately coordinated with the structural drawings. The comment reportedly made by Johnston ("the construction detail did not work") should be interpreted to mean that the construction detail, as provided, reviewed and approved, wouldn't"work" in sense that the resulting elevation of the structure would be higher than 25'. Any other interpretation, including any meaning implied by the wording in the Bendon Report is inaccurate. Page 3, Second Paragraph: The Bendon Memo reads: ". . . When asked why the building was built to a height above that represented on the plans, contractor Dorr responded, "we built to the structural plans, we didn't see or care about the 24'— 11 '/_z"on the plan set. " Response: The premise of the question is incorrect: The height represented by the entirety of the plan set is the same height of building in its present condition. This question—which was not asked or worded in the way it reads in the Bendon Memo—is highly flawed. To provide Dorr's response in the context of a flawed question effectively takes Dorr's response out of the context in which it was stated,thus promoting an incorrect meaning. Furthermore, Dorr's response as it is included in the Bendon Memo is not an exact quote. Other qualifying remarks— which are the basis of any point Dorr was attempting to make—were disregarded by the author of the Bendon Memo. To characterize the position, sentiment, or stance of the General Contractor by taking Dorr's comments out of context is negligent and deceitful. Comments made by Dorr in this regard have been portrayed inaccurately, and well outside any reasonably-assumed context in which comment may or may not have been made. Inaccurate and/or out-of-context portrayals of Dorr's comments are damaging to Dorr,to the applicant, and to the General Contractor. It is hereby requested that any reference to any confirmation or statement by Dorr in this paragraph be retracted by City of Aspen staff, and that City Council be made aware of such retraction. Page 3, Fourth Paragraph: The Bendon Memo reads: "The Director asked the architect and contractor who should have known that the 24'—11 %"represented in the plans would not work.Architect Johnston replied "we should have provided a construction detail that met the 24'—11%". "We should have caught it prior to submission. We missed."Contractor Dorr responded "We should have caught it. We just didn't pick up on it." Page 4 of 5 Response: Speaking for the General Contractor and Dorr, this is not an exact quote of Dorr's response, and if these words are in fact representative of anything Dorr may have said, those same words have been taken out of context by the author of the Bendon Memo to the extent the intended meaning has not been conveyed, but rather the opposite of the conveyed meaning is implied. Such distortions and mis-contextualization of Dorr's comments constitute negligence and deceit on behalf of the author of the Bendon Memo. Comments made by Dorr in this regard have been portrayed inaccurately, and well outside any reasonably-assumed context in which comment may or may not have been made. Inaccurate and/or out-of-context portrayals of Dorr's comments are damaging to Dorr, to the applicant, and to the General Contractor. It is hereby requested that any reference to any confirmation or statement by Dorr in this paragraph be retracted by City of Aspen staff, and that City Council be made aware of such retraction. Other critically important statements made by Dorr regarding the same topic were disregarded by the author of the Bendon Memo, but actually contain the intended meaning and spirit of all the comments made by Dorr. Some of those statements are: (1) That the General Contractor's customary practice is to build a structure in strict compliance with the Engineered Structural Drawings. This building was built in exact compliance with the Engineered Structural Drawings which were a part of the plan set approved and issued by the Building Department. (2) That the General Contractor is contractually obligated to build according to the plans, including the structural drawings. Any departure from that—even a departure to build according to an obviously erroneous dimension—would violate the General Contractor's obligations under its contract. (3) The General Contractor's licensure is not granted or maintained relative to its understanding or compliance with municipal zoning codes, but rather to applicable building codes(i.e.the International Residential Code). Zoning and building elevation heights are municipal code issues and do not relate in any direct way to building codes. (4) That the City of Aspen Community Development Department inappropriately and retroactively is focusing on one dimension on one elevation on one page of the approved plan set, and that a reasonable review of that dimension would indicate that it is practically erroneous and not reflective in any way of the subject building. Page 5 of 5 Q MEMORANDUM %lilt TO: Mayor Ireland and City Council FROM: Chris Bendon, Community Development Director RE: 861 Ute Avenue Height Variance Resolution No.5L, Series 2012,Public Hearing DATE: May 14,2012 NOTE: This property is currently under development. The rear portion of the property is under a stop work order until the matter is resolved. APPLICANT/OWNER: Laguna Sierra, LLC. REPRESENTATIVE: David Dorr, Vice President, John Olson Builder, Inc. LOCATION: 861 Ute Avenue. 861 Ute Avenue, Front REQUEST: The applicant is requesting a variance to height limitations. Building height in this zone is limited to 25 feet. The height _ of the building along the rear of the property is 26'-2" in one location and 28'-3" in another location. The heights are non- t. compliant due to the depth of sunken patio areas. BACKGROUND: ri — - Iterations of this project have been underway since 2005 when the previous home was demolished. A permit for a new home was reviewed by the Community Development Department in late 2007. Gretchen Greenwood was the architect and this version of the project is referred to as the Greenwood design. The plans demonstrated compliance with all zoning limitations 861 Ute Avenue, Rear and the permit was approved for issuance. Economic conditions changed and the permit for the Greenwood design was not drawn. The Chief Building Official granted two one-year "group extensions" to several active and valid permits, this being one, temporarily waiving the expiration procedures of the building code. The permit for 861 Ute was issued in late 2010. John Olson Builders initiated construction of the Greenwood design in early 2011 at the same time the owner retained a new architect, David Johnston. In April, 2011, a change order was submitted to Community Development for a new design using the same foundation as was under construction. Page 1 of 4 0 In reviewing the Johnston design, Zoning Officer Claude Salter requested clarification of heights along the rear facade of the building. New plans sheets were submitted with the rear facade showing a dimensioned height of twenty four feet eleven and one half inches, 24'-11 %2". The height limit in this zone district is 25 feet. The plans demonstrated compliance and the permit was issued in June, 2011. In January of 2012, another change order was submitted to alter the placement of the garage. A complete set of plans were submitted. The rear facade was again not dimensioned. Claude Salter twice requested clarification of the height. In her second correspondence, she repeated her request and highlighted her need to understand the height of the rear facade "from the ground to the top-most portion of the structure." Her email contained a section of the land use code describing height measurement. Two weeks later, Community Development issued a pre-application conference summary for a potential height variance on this property. (A pre-application conference summary is a written document describing the potential application, review standards, process, fees, and other relevant information.) The pre-app stated that the pending change order would not be approved until the height issue was resolved. The pre-app provided two options—apply for a variance or bring the building into compliance with height limits. The pre-app was prepared by Jessica Garrow of Community Development and provided to David Johnston. Three days after the pre-app, February 20th, email correspondence from David Johnston to Jessica Garrow addressed the height issue and the options. Johnston: "We are going to try to bring the project into compliance; I will be submitting new plans later this week to Claude." New drawings were submitted with a dimensioned height along the rear facade of 24' — 11 '/2". The change order was issued on March 12th. On April 4th Zoning Officer Claude Salter realized during a site visit that the height issue along the rear facade was not being addressed. In an email to the contractor, architect, and City field inspection staff, she noted that the height issue was not being addressed and that final inspections would not be conducted until the issue was resolved. She provided the same two options the department provided before—apply for a variance or bring the property into compliance. On April 10th, John Olson responded to the email. " . . we have built exactly what is drawn and signed-off on by the various departments, including zoning, and there are no supplemental notes on our prints stating that we should have any reason to assume that there could be any issues with the south elevation . . . we have built exactly what we have on our approved prints, but I guess they were incorrectly approved, which is not my fault or my owner's fault." On April 11 th, Deputy Director Jennifer Phelan responded to Olson's email. "The permit was issued based on the height measurements provided by the architect in the plan set, which showed compliance with the City's height regulations. Your field set should have the same pages that we used to approve Mr. Johnston's height representations." The City's Building Department staff confirmed that the field set represents a height of 24' — 11 %2". Mr. Olson met with the City Manager and City Attorney, both of whom visited the site with Claude Salter and Senior Planner Sara Adams. The City Attorney agreed with Planner Adams Page 2 of 4 0 that a height variance could not be issued administratively. The height variance request was submitted on April 30`}'. On May P, Community Development Director Chris Bendon met with the project architect David Johnston, and project contractor David Dorr. It was confirmed by architect Johnston that the June 2011 plans provided construction details that made achieving the dimensioned height of 24' — 11 '/2" impossible. Johnston stated "the construction detail did not work." It was also confirmed by contractor Dorr that the structure was not built according to the construction detail; the joist dimension was increased and additional wood was added under the roof membrane. Architect Johnston stated he realized the discrepancy prior to submitting the change order in January, 2012. When asked why the January plans continued to represent 24' — 11 '/x" in height, architect Johnston responded "there's a mistake on our plans." When asked why the building was built to a height above that represented on the plans, contractor Dorr responded, "we built to the structural plans, we didn't see or care about the 24' — 11 '/z"on the plan set." One open patio along the back is represented in the approved plans as being filled with earth to within 2 inches of the surrounding wall. The patio has been constructed to be approximately 3.5 feet deep. Measuring height from the constructed grade places the roof at 28' — 3". When asked about a sunken patio area that appears in the plan set as filled-in, architect Johnston stated that the difference in rendering detail was "simply a computer thing" and he considered the space to be an "areaway." When asked why the drawing contained no notes or citation of an areaway, he replied that he made an assumption that it would be treated as an areaway. Rear Patio The Director asked the architect and the contractor who should have known that the 24' — 11 ''/z" represented in the plans would not work. Architect Johnston replied "we should have provided a construction detail that met the 24' — 11 ''/2". "We should have caught it prior to submission. We missed it." Contractor Dorr responded"we should have caught it. We just didn't pick up on it." STAFF RECOMMENDATION: The record reflects that the height of the building has been a staff concern for approximately the past year. Correspondence with the applicant has stressed the need for compliance and the applicant has responded with the intent to comply and representations of compliance. It is not clear to staff if all parties within the applicant team have maintained internal communication. Architect Johnston stated that he was not retained for construction oversight. It is the position of the Director that the current height condition of this property is not the fault of City staff. The criteria for receiving a variance are strict. Only City Council may grant a height variance. A property owner must demonstrate that reasonable use of the property has been withheld by the City and can only be achieved by the City providing a variance. In situations where all, or practically all, reasonable use of a property is made impossible by development regulations the City has the ability to grant a variance to avoid a "regulatory taking". City staff believes this i property has reasonable use. Page 3 of 4 The property owner must demonstrate that his rights, as compared with owners of similar properties, have been deprived. In considering this criterion, the Council must consider unique conditions inherent to the property but which are not the result of the applicant's actions. There are unique conditions, but staff considers those conditions to be the direct result of the applicant. Furthermore, staff believes the applicant was or could have been aware of the conditions as they were being created. Staff acknowledges the limited affect of this variance request. The building sits lower than it could and lower than adjacent structures. The variance would not increase this relative height. Rather, the depth of the sunken patio would be lowered. And, the location of the affected area is not highly visible, being on the back side of the building. Staff does not believe this application meets the City's strict standards for a variance. The condition is unfortunate, but could have been avoided. The record seems to reflect some applicant knowledge and potentially an attempt to cover-up the situation. Staff is concerned about the precedent this could create — demonstrate compliance on paper, build the desired condition, and then obtain a variance. Staff recommends denial of the variance. RECOMMENDATION: Staff recommends denial. A resolution approving the variance has been provided. CITY MANAGER COMMENTS: PROPOSED MOTION: "I move to approve Resolution No. , Series 2012." ATTACHMENTS: ExHIBIT A— Review Criteria and Staff Findings EXHIBIT B— Application EXHIBIT C— May 4, 2012, letter from David Johnston EXHIBIT D— Public Comment Page 4 of 4 RESOLUTION N0._ (SERIES OF 2008) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL GRANTING A HEIGHT VARIANCE TO A SINGLE-FAMILY RESIDENCE LOCATED AT 861 UTE AVENUE, LOT 11 UTE ADDITION, CITY AND TOWNSITE OF ASPEN. PARCEL ID—2737-182-95-019 WHEREAS, the Community Development Director received a request for a height variance from Laguna Sierra, LLC, owner of real property located at 861 Ute Avenue, Lot 11 Ute Addition, City and Townsite of Aspen; and, WHEREAS, the City Council, pursuant to Chapter 26.314, may approve, approve with conditions, or deny the variance request; and, WHEREAS, the City Council has taken and considered written and verbal testimony from the City of Aspen Community Development Director, David Dorr, Vice President of John Olson Builder, Inc. representing the owner, and the general public, and has found that the application for a height variance meets the standards of review; and, WHEREAS, the City of Aspen City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED that the City Council approves a variance to height limitations for the single-family residence located at 861 Ute Avenue. The variance is limited to the extent demonstrated in Exhibit A of this resolution. The variance shall expire upon the demolition of the structure. This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Aspen City Council at its regular meeting on , 2012. ATTEST: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor APPROVED AS TO FORM: James R. True, City Attorney Resolution No. , Series of 2012. gam► G# 4A mow► 4 � A B C D E YF G� i .. LA'.' z i I i L LL f r . + .rr-r. ! t f — _ - - _ j<<� Faro t ( I y \ - � f _ : - — - - — -—� -----Y— - —- —- —- —- —- EXHIBIT A REVIEW CRITERIA 26.314.040.A—Variances, Standards applicable to variances. A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision-making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of this Title and the Municipal Code; and Staff Response — The purpose of the City's land use code is very general. It does, however, speak to the legitimate rights and reasonable expectations of property owners. Staff believes a reasonable expectation is that zoning limitations are observed and enforced as uniformly as practical. Given the background of this project, staff does not believe receipt of' a variance is a reasonable expectation. Staff does not believe this criterion is met. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and Staff Response — Staff believes reasonable use of the property already exists and that no variance is necessary to achieve reasonable use. Amendments to the structure to accomplish compliance will be complicatedd, but possible. Staff does not believe this criterion is met. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or Staff Response — The site is sloped, vegetated, and within the mudflow area — but not in a manner different from many other properties in this zone district. The current situation of the property is unique in that it is nearly complete and correcting the height issue would likely be complex. However, staff believes this is a circumstance created by the applicant. Staff does not believe this criterion is met. b. Granting the variance will not confer upon the applicant any special privilege denied the terms of this Title and the Municipal Code to other parcels, buildings or structures, in the same zone district. Staff Response —Receipt of a height variance for new construction when City staff has made the applicant aware of the issue would represent a special privilege not granted to others in the same zone district, or circumstance. Staff does not believe this criterion is met. Exhibit A—861 Ute i DAVID JOHNSTON ARCHITECTSvc 418 liaal Cooper Avenue Suite 206 Atipi-n C0 131611 7e1.770-9"),;-34d1 rAX 970 920-),IiSG May 4, 2012 y 5, Chris Bendon,AICP , � Community Development Director ��' �� 0 7 City of Aspen CITY ,,-,,, Via email: Chris.Bendon @ci.aspen.co.us Re: 861 Ute Avenue Chris, Attached is a drawn perspective representation of the site conditions that exist for the subject property and building as viewed from the south,and the indications of the original and proposed designs relative to the variance application for the required vertical height of a single wall plane. As stated in our meeting,the design intent of the construction documents was not met nor achieved to secure the required vertical height for the south elevation. The enclosed drawing is intended to clearly show that the intent of the site height restriction for the property was met, and,in fact,substantially lower than the limitation of 25'-0"from existing grade. During construction,from what we now know,the designed roof(s)were actually lowered by 4"from where they were originally designed.The building was built lower on the site. The variance therefore is a request to grant an increase in the vertical dimension for the subject southern walls, but in the downward direction. No additional impacts occur as viewed from any adjacent properties or public circulation corridors,as the roof and building are basically where they were designed and approved.The patio is simply deeper by 1'-2", relative to the grade and site design. It is our hope that this is a reasonable request,while still meeting and exceeding the intent and requirements for the height of the building on the site. Regards, .wv• v David loHnston ' David Johnston Ardhitects,pc I I %vv:ry rtiare Iilects.Com I '' jj11 f t . � �\ t � j, -v r. F��I� t.. "_,� ^� i �� �`•_ +�I� , 1 e ,{ +•+��"I t"'-1 { �y � �F>' t IF -'�4 �'�i i I � I I ', � i ti ,1 I 7 i 4f�'/' I� �r�jt�' J�`� i!i �� u�i'„j I��( j 2 y ,�`'�� ��, �`��� �r �•�' I;I� ( �l i � , ��'tl '” nl � II ��� , jl'l�a�,� I I'2, ��JI I �,� r�, I�W, �- t r� I�I;�I ri 7 �J O � i A 4; ��,•#.�' 1' ,�' 1+ i _ rr _ , p�, �, Y. _ ;:� ,'�'1, �i `"�JI � µq if»,% ! t •L 1 �,�lr�� y ',ryJf 1'1' � - - �I j 7�' I ���• f •��I � ' I' ' ilr Jr (! !I.i��.�i�..��.�I���J�� .ri rr�}�� -: i 1 T ' I i t 1 yr ti i � t7 DOYLE HARTMAN Oil and Natural Gas Operator 500 NORTH MAIN P.O.BOX MIDLAND,TEXAS 79702 (432)684-4011 (432)682-7616 FAX May 3,2012 x. _ • Via Email(sara.adams(a,ci.asaen.co.us) and FedEx City of Aspen Community Development Department 130 S. Galena Street Aspen, CO 81611 Attn: Sara Adams Re: Public Notice regarding 861 Ute Avenue Height Variance Land Use Request Aspen,Colorado Dear Ms. Adams: Reference is made to the Public Notice, received by us on April 30, 2012,regarding 861 Ute Avenue Height Variance Land Use Request which is set for public hearing on Monday, May 14, 2012 before the Aspen City Council (copy enclosed). When our home, located at 820 Chance Court, Aspen Chance Subdivision, was constructed over 20 years ago, we were restricted from raising the height of our roof which caused a height problem for the ceiling in our master bathroom. In light of the Height Variance Land Use Request which has been made by Laguna Sierra LLC corresponding to 861 Ute Avenue, in the even such request is approved, by the City of Aspen, we likewise may decide to submit an application to raise the height of our house in order to raise the height of our master bathroom and would expect the same treatment for our Height Variance Land Use Request as well. Therefore, we respectfully request that we be kept informed as to the outcome of this pending application. Sincerely, Doyle and Margaret Hartman cc: Via Email and FedEx Aspen Real Estate Company 620 E. Hyman Avenue, Suite 102 Aspen, CO 81611 Attn: Carol Ann Jacobson, Realtor(Email: CarolAnn@AspenExperts.com) Via Email and FedEx City of Aspen-Planning and Zoning Commission 130 S. Galena Street, 3` Floor Aspen, CO 81611 Attn: Jennifer Phelan, Planning Deputy Director(Email: web_pitkinl @ci.aspen.co.us) PUBLIC NOTICE RE: 861 UTE AVENUE HEIGHT VARIANCE LAND USE REQUEST NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday,May 14, 2012, at a meeting to begin at 5:00 p.m.before the Aspen City Council,Council Chambers Room,City Hall, 130 S. Galena St.,Aspen,to consider an application submitted by Laguna Sierra LLC,represented by John Olson Builders for 861 Ute Avenue,Aspen,CO 81611.The applicant is requesting a height variance for the rear(south) elevation. The property is legally described as: Lot 11, Ute Addition to the City and Townsite of Aspen, County of Pitkin, Colorado, 81611. For further information,contact Sara Adams at the City of Aspen Community Development Department, 130 S. Galena St.,Aspen,CO, (970)429.2778, sara.adams @ci.aspen.co.us. s/Michael C.Ireland,Mayor Aspen City Council JJJ����ryj) DOYL ftG ,ir UPEkA7OR APRkai SUBMITTALS: DATE: April 23, 2012 TO: Sara Adams, Senior Planner City of Aspen Community Development Department FROM: John Olson Builder(JOB) PROJECT: Residence at 861 Ute Avenue RE: EXHIBIT TO LAND USE APPLICATION FOR A VARIANCE AT 861 UTE AVENUE Addressing Land Use Code Section 26.314.040.A, "Standards Applicable to Variances" (as amended under City Council Ordinance#3 of 2012 Per the Pre-Application Conference Summary dated 02.17.2012 which references the project, "861 Ute Avenue, Height Variance", and per the General Land Use Application Packet, the following Submittals and information are required for the application (numbered items refer to Attachment 4 of the General Land Use Application Packet): • Deposit • Signed Fee Agreement 1) Land Use Application Form & Authorization Letter 2) Street Address & Legal Description 3) Disclosure of Ownership 4) Vicinity Map 5) Site Improvement Survey 6) Existing & Proposed Site Plan 7) Written Description of the Proposed Variance 9) Proposed Elevations & Sections • Photographs [Submittals begin on page following . . . ] £-61 ! tU A'venfla - 1ala-1 L e A.,.yokcabc)o for vi 7�¢ V _e-201Z,04,2q, P,�qe 5of23 A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages,judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. An 81/2" by 11"vicinity map locating the parcel within the City of Aspen. Existing and proposed site plan A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. A written description of the requested variance and an explanation of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please provide a written response to all applicable criteria. 12 Copies of the complete application packet. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 861 Ute A ver7Ue-L area'C1se Aplq catfor. for Height Var I CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow, 429.2780&Claude Salter,429.2752 DATE: 02.17.2012 PROJECT: 861 Ute Ave, Height Variance REPRESENTATIVE: David Johnston,david @djarchitects.com LAND USE REQUEST: Height Variance DESCRIPTION: The property at 861 Ute Ave received a building permit in 2011 for a new single family home. As part of her review of a change order, the Zoning Officer found that the height of a portion of the structure was over the 25 foot allowed height limit. The applicant is interested in receiving a variance for height, as the area in question has already been built. A height variance is under the purview of City Council and shall be reviewed during a noticed public hearing. The application shall address the criteria listed in Land Use Code Section 26.314 Variances. The other option is for the applicant to bring the building into compliance with the allowable height. The city is not able to issue the change order, do a final inspection, or issue a CO until the issue is resolved. Application: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%2OFees/2011%20land%20 use%20app%20form.pdf Land Use Code: _hftp://www.aspenpitkin.com/Departments/Community-DevelopmenVPlanning-and-Zoninq/Title- 26-Land-Use-Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.314 Variances 26.575.020.F Building Height 26.710.040 R-6 zone district Review by: Staff, City Council Public Notice: Required at City Council. Planning Fees: $1,890 deposit for 6 hours (additional staff time billed hourly at$315/hr.) Referral Fees: None Total Deposit: $1,890 To apply, submit the following information: Total deposit for review of the application. Proof of ownership. Completed Land Use Application Form. A signed fee agreement. A Pre-Application Conference Summary. 661 Ole Avenue kand U5o A)1 ,`c,36?li for H ' 'fa 7r c 26j'!7 ? !P �a�i c �<I{c,i t tl�,:�4;!'c'ac 3 Eii 2J April 24, 2012 Ms. Sara Adams, Senior Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Dear Sara: Pursuant to our meetings and discussions over the past week, John Olson Builder has prepared this Land Use Application regarding the present height condition and surrounding issues at 861 Ute Avenue. The purpose of this application is to seek of Aspen City Council the granting of a variance of the City of Aspen's Residential Design Standards as those standards specifically relate to allowable building heights in the R-6 Zone District. As we have discussed, the height of the South (rear) Elevation of the newly constructed home at 861 Ute Avenue is higher than the 25-foot limit prescribed by the code, when measured from the finished grade at the sunken rear (South) terrace. Despite the fact that the house was built in accordance with the plans designed by David Johnston Architects and issued in conjunction with a Building Permit by the City of Aspen Building Department, the present condition is such that the dimension of the height of the South Elevation, when measured from finished grade, exceeds the 25-foot limit by 14 inches along one plane (the kitchen wall), and by 39 inches along another plane (the living room wall). This application requests a variance for the heights of this South Elevation, thus allowing the vertical dimension of the wall plane — from finished grade to the top of the roof curb—to measure 28 feet, 3 inches. We believe it critical to note that neither the structure nor the roof of the building is or will be situated any higher than was approved. This variance will simply allow for the patio at the rear of the house to sit lower than is allowed under the code, despite the fact that the permitted drawings reflect such condition. Also noteworthy is that the house sits four feet below the overall height limit as measured from natural grades. Likewise,the entire building sits many feet lower than the roof of the adjacent"Black Swan"parcel. The rear of the home (where the elevation in question is situated) is sunken approximately 8 feet below natural grades, and is not visible from any public right-of-way. Thank you for your time in reviewing this application and in affording the applicant prompt access to the Aspen City Council for the review of this Application. Please contact me with any questions. Regards, A, .0. David Dorf Vice President John Olson Builder, Inc. ddorr@johnolsonbuilder.com (970) 379-7110 mobile 200 East Main Street Aspen, CO 81611 (970) 923-4233 phone (970) 923-2977 fax 861 (fie A venue- Land rise APPhica&on for Heig;rt Variance-2012.04.24;Page 2 of 23 Table of Contents aAA:1 vai��Letter of Introduction.............................................................................................. 2 Pre-Application Conference Summary................................................................... 3 ApplicationSubmittals............................................................................................ 5 Exhibit A: Land Use Application Form& Authorization Letter.........................XX Exhibit B: Disclosure of Ownership....................................................................XX Exhibit C: Site Vicinity Map................................................................................XX Exhibit D: Site Improvement Survey...................................................................XX ExhibitE: Site Plan .............................................................................................XX Exhibit F: Proposed Elevations & Sections.........................................................XX Exhibit G: Photographs .......................................................................................XX Please note: Exhibits include 8.5"x11" materials; 24x36 copies of applicable items are included in the application submittal package, as indicated by the transmittal sheet. S&I ' to ii enillc la/"d Use A-Ippk:atlon!�7�r%eltjO1 -`-Yna;lc 2012 04.i ,' P,, I of 23 JOHN o 200 East Main Street Aspen,CO 81611 (970)923-4233 phone (970)923-2977fax Land Use Application Application for a Dimensional Requirements Variance: To Allow a Lower Finished Grade in a Sunken Rear Terrace,resulting in on increase to the Allowable Vertical Dimension of an Exterior Wall Plane Project: Single-Family Residence 861 Ute Avenue Aspen,CO 81611 Applicant: Laguna Sierra, LLC c/o Bowden Development 200 East Main Street Aspen,CO 81611 Prepared for Submittal to: Ms.Sara Adams,Senior Planner City of Aspen Community Development Department 130 South Galena Street Aspen,Colorado 81611 April 24,2012 OEM— Requirement#1: Land Use Application Form & Authorization Letter: Completed Application Form and Signed Authorization Letter with signed Fee Agreement are attached, under cover sheet, "Exhibit A: Requirement#1: Land Use Application Form & Authorization Letter". Requirement#2: Street Address & Legal Description: Street Address: 861 Ute Avenue Aspen, CO 81611 Legal Description: Lot 11 of the Ute Addition to the City and Townsite of Aspen Requirement#3: Disclosure of Ownership: A Proforma Title Report consisting of Schedule A and Schedule B as performed by Pitkin County Title, Inc. on March 21, 2011, as well as a current copy of the Pitkin County Assessor's Office property search records are attached, under cover sheet, "Exhibit B: Requirement#3: Disclosure of Ownership". Requirement#4: Vicinity Map: i, 1 S 1 v/ •♦ r -I • 861 Ute A venue -Land Use Application for Height Variance-2012.04.24, Page 6 of 23 The subject property is indicated by the `A', on the above Vicinity Map. A full-size copy of this map is also attached under cover sheet, "Exhibit C: Requirement#4: Vicinity Map". Requirement#5: Site Improvement Survey: A Site Improvement Survey is attached, under cover sheet, "Exhibit D: Requirement#5: Site Improvement Survey". Requirement#6: Site Plan: A Site Plan is attached, under cover sheet, "Exhibit E: Requirement#6: Site Plan". Requirement#7: Written Description of the Proposed Variance: A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision-making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of this Title and the Municipal Code; and [Applicant Response: Being as the applicant is not seeking to elevate or increase the overall elevation of the building or the roof of the building, and being as the increased dimension of the South Elevation is the result of lowering a sub-grade terrace, the Applicant firmly believes that the request being made hereof is indeed generally consistent with the purposes, goals, objectives and policies of the Land Use Code.] 2. The grant of the variance is the minimum that will make possible the reasonable use of the parcel, building or structure; and [Applicant Response: The granting of this variance, as it is described herein, is the minimum variance required to allow for the reasonable use of the parcel. A variance of a lesser form or dimension would reduce the utility of a portion of the improvements on the parcel in a material fashion.] 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: 861 Ute A venue-Land Use Application for Height Variance-2012.04.24;Page 7 of 23 o a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or [Applicant Response: Special conditions and circumstances which relate directly to this Application are twofold: (1) The building is built in accordance with the architectural plans, as they have been designed and prepared by David Johnston Architects, and as they were approved and stamped by the City of Aspen in the capacity of a Building Permit Application review and approval; and(2) that in constructing the building in accordance with such plans, a reasonable sense of reliance is engaged on the part of those involved in the development and construction of the improvements, and such reliance is entered into as a matter of course upon the City of Aspen regarding its review, stamping, and issuance of the architectural plans as they are submitted for the purpose of obtaining a building permit.] b. Granting the variance will not confer upon the applicant any special privilege denied[by] the terms of this Title and the Municipal Code to other parcels, buildings or structures, in the same zone district. [Applicant Response: Being as the overall height of the structure will not be affected, and being as there is in the Applicant's view no appreciable impact to any neighboring parcel, public Right-of-Way, or any other property owner, individual, or entity, it is the stance of the Applicant that the variance requested hereof does not confer any such special privilege.] Requirement#9: Proposed Elevations & Sections: Proposed Elevations are attached, under the cover sheet, "Exhibit F: Requirement#9: Proposed Elevations & Sections". Requirement#30: Photographic Panorama: A series of photographs are attached, under cover sheet, "Exhibit G: Requirement#30: Photographs". 861 Ute A venue-Land Use Application for Height Variance-2012.04.24;Page 8 of 23 Exhibit A: Copy of Land Use Application Form & Authorization Letter COMMUNITY DEVELOPMENT DEPARTMENT. Agreement to Pay Application Fees Anagreement between the City of Aspen("City")and Property Laguna Sierra,LLC Phone No.: 970-544-2000 Owner("I"):(authorized agent: Bowden Development) Email: bob @bobbowden.com Address of 861 Ute Avenue Billing c/o Bowden Development Property: Address: 200 East Main St. (subject of (send bills here) Aspen,CO 81611 application) I understand that the City has adopted,via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ flat fee for $ flat fee for $ flat fee for $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration,unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. have read,understood,and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $_1,890 deposit for_6 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$315 per hour. $ deposit for hours of Engineering Department staff time.Additional time above the deposit amount will be billed at$265 per hour. City of Aspen: Property Owner: Laguna Sierra, LLC(Bowden Properties,Agent) Chris Bendon Community Development Director Name:Bob Bowden City Use: Title: Representative Fees Due:$ Received:$ 1 1 920-5090 861 Ute A venue-Land Use Application for Height Variance-2012.04.24;Page 9 of 23 ATTACHMENT 2-LAND USE APPLICATION PROJECT: Name: Residence at 861 Ute Avenue Location: 861 Ute Avenue of 11 of the Ute Addition Subdivision Indicate street address lot&block number,legal description where appropriate) Parcel ID#(REQUIRED) 273718295019 APPLICANT: Name: Laguna Sierra,LLC Address: c/o Bowden Development Company,200 East Main St.Aspen,CO 81611 Phone#: 970 544-2000 REPRESENTATIVE: Name: Bob Bowden,Bowden Development/David Dorr,JOB/David Johnston,DJA Address: 200 East Main St.Aspen,CO 81611 Phone#: (970)544-2000 or 970-379-7110,David Dorr's mobile number) TYPE OF APPLICATION:(please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA—8040 Greenline,Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA Margin,Hallam Lake Bluff; condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ® Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings,uses previous approvals,etc. A nearly completed single-family residence exists;the same being built under a City of Aspen Building Permit issued by the Building Department,as designed by David Johnston Architects.The height of the South Elevation is in quesion. PROPOSAL: (description ofproposed buildings,uses modifications,etc. The applicant is seeking a variance to increase the allowed height of a vertical wall plane as measured from finished grade. The height will be increased by lowering the rear terrace,not by raising the structure or the roof. Have you attached the following? FEES DUE:S_1,890 ® Pre-Application Conference Summary Attachment#1,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 ofthe 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. 861 Ute A venue-Land Use Application for Height Variance-2012.04.24;Page 10 of 23 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Residence at 861 Ute Avenue Applicant: Laguna Sierra LLC Location: 861 Ute Avenue(Lot 11 of the Ute addition) Zone District: R-6 Lot Size: 5,153 square feet Lot Area: 5,153 square feet (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: n/a_Proposed:_n/a Number of residential units: Existing: 1Proposed.•_1 (no change proposed) Number of bedrooms: Existing: 5 Proposed:5(no change proposed) Proposed%of demolition(Historic properties ouily): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg.height: Existing:26'2" Allowable:_25' Proposed:=26'2 (one wall plane) bldg.height(cont.): Existing:_28'3" Allowable: 25' Proposed: 28'3"_ (one wall plane) Access.bldg.height: Existing: Allowable: Proposed: %Site coverage: Existing: Required: Proposed: %Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required. Proposed: Distance Between Existing Required: Proposed: Buildings Existing non-conformities or encroachments:The roof height of the building is slightly lower than shown in the original approved pennit.The elevation of the sunken patio is lower,however. Variations requested:The application requests that the lower,sunken rear-facing(non-street facing)be allowed at each of the two wall planes at the South Elevation. 861 Ute A venue-Land Use Application for Height Variance-2012.04.24;Page 11 of 23 April 26,2012 To Whom This May Concern: Please note that David Dorr of John Olson Builder,Inc, is authorized to act on behalf of Laguna Sierra, LLC,the owner of the property at 861 Ute Avenue. David Dorr may be contacted at ddorr@iohnolsonbuilder.com or at(970)379-7110,or at 200 East Main Street,Suite 205,Aspen,CO 81611. Thank you, Bob Bow t� Repres ative,Laguna Sierra,LLC Bowde Development Company 200 East Main St,STE 103 Aspen,CO 81611 861 Ute Avenue-Land Use Application for Height Variance-2012.04.24;Page 12 of 23 Exhibit B: Disclosure of Ownership: fEXH PROFORMA TITLE REPORT SCHEDULE A 1. Effective Date: March 21,2011 at 8:00 AM Case No.PCT23133P 2. Policy or Policies to be issued: Proposed Insured: PROFORMA 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: LAGUNA SIERRA,LLC 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: Lot 11, LITE ADDITION TO THE CITY AND TOWNSITE OF ASPEN PITKIN COUNTY TITLE,INC. 601 E.HOPKINS,ASPEN,CO.81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: t 861 Ute Avenue-Land Use Application for Height Variance-2012.04.24;Page 13 of 23 EXHIBIT 2 00 04 00 SCHEDULE B-SECTION 1 REQUIREMENTS THIS REPORT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE 00 INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE oo COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY.THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT,THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO oq ISSUE ANY POLICIES OF TITLE INSURANCE 861 Ute A venue-Land Use Application for Height Variance-2012.04.24;Page 14 of 23 Parcel Detail Page 1 of 2 Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Oury I Assessor Sales Search Clerk&Recorder Reception Search I Treasurer Tax Search Search Basic Building Characteristics I Value Summaa Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I I and Detail I Photo ra hs fay Area Account Nmuber 11 Parcel Number 12011 Mill Levy 056 R004791 273718295019:]l 32.048 Primary Owner Name and Address LAGUNA SIERRA LLC I'O BON 1470 ASPEN,CO 81612 Additional Owner Detail Legal Description illSubdivision:UTE ADDITION Lot: 11 Location Physical Address: 861 UTE AVE ASPEN Subdivision:IFUTTE ADDITION Land Acres: 0000 Land Sq Ft: 5,153 2011 Property Value Summary Actual Vale assessed Value Land: 4,230,000 1,226,700 Improve 0 0 "lbtal: F 4,2'30.000]1 1,226,700 lift ://www. ilkinassessor.or /assessor/Parcel.as ?AccountNuniber=RO04791 4/26/2012 861 Ute A venue-Land Use Application for Height Variance-2012.04.24;Page 15 of 23 tfir� s.._ ." "G, Alt enst Ctia Real EQH1e_ Di tntain E 1 " �Yn a ♦" ♦., nlr:t l opt:;>- �. ' ? � � � � .l� !`�' •fit/r� '� Y°� a L,/ . . � :-pry "f ?Ity J�, �"� •a !s'— ti ! ono r 1 T � � �e.,,��a►.��, �.r iif�;rr�tluk liYf �_ � � r� , � W [•, I- t gF,- PfP P • 4 ♦ t..i[•..tUifUf}gL 61 /� ATrer�Lr^.� 1 l+ P, -� ! Q it NetljHOle CO I-01 C7 _ `i �'ah'c'a � Corkicr iium eve k•�Sdverpl<, AF i• � I [/I I I I / /' •�I� Parcel Detail Page 2 of 2 Sale Date: Fr4/2010 Sale Pried 2,500,000 Additional Sales Detail Basic Building Characteristics Number of Residential 0 Buildings: Number of Conun/Ind 0 Buildings: No Building Records round Ton of Pape Assessor Database Search Options Pitkin County Home Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Tunis Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright©2003-2011 Good Tuns Software. All Rights Reserved. Database&Web Design by Good Turns Software. htt :/Iwww. itkinassessor.or /assessor/Parcel.as ?AccountNumber=8004791 4/26/2012 861 Ute Avenue-Land Use Application for Height Variance-2012.04.24;Page 16 of 23 N 0 �r a ti u L..,.."vAmaNOT- - 01422007 • vAfe rsm® w�.rmu•.e•. O 1 r tf�r rr_w� vlYlptTT NAl 'jig' of 42,V,rzL-'s xrrn. So 4 Jr(J'� LAP . y//,� ••5'1r/+ � �✓f,.G.�.`., �`` tGMC�'��N NALL r �� ///j.• �Yve O Y P•1 I _ / ® /N .t• ' ``- ��'r!� Y OZ fir' Y `^J O LOT IA V.N +•°;y �� / IYIROVRNIpT TO-.1- fYRVxY pM f 11M 14 DwL SPEN SURVEY ENGINEERS, INC. .p�.l '� &r�i1�3.<:iAr«'g::'71r� .e wr.x.Y.wA sra•r W _ x Exhibit E: Site Plan (Showing Proposed Condition of Sunken Terrace—Non-Street Facing): 7,982'-0' T_4_CAP,TYP. p I EDGE OF CAP i STONE VENEER;_ J SEE MI PLAN 31 {" T.O.CAP,TYP. LIGHTWELL ii BOULDER ! WALL Y - - Ir SEE LILL PLAN 31 r FOR RET.WALL DIMS. - - r 7,982'-d' 14.CAP TYP. 861 Ute Avenue-Land Use Application for Height Variance-1012.04.24;Page 19 of 23 j o' Exhibit F: Proposed Elevations & Sections: 3fi �ti I I I I I I i 1 Z EAr 7 o -- 1 I — I g�l9i Irk` a I IRap, 0 sz a s Z N a SIM, 861 Ute Ave. �c O 861 Ute Ave I ASpen,CO 1 861 Ute Avenue-Land Use Application for Height Variance-2012.04.24;Page 20 of 23 yr PLATE \ I i m m I i I li, i [ffl I=EH FFF ,a ,A I - E E- (2 HIM I .I I 861 Ute Avenue-Land Use Application for Height Variance-2012.04.24;Page 21 of 23 Dn Ill I MIT 1 ' 1 �-m k O i � q e cs l , < a i * --- �--- • K � �-'� �5 � �'�� sa�ta ,�� �,a ea � s ti. r. Ilk. - ' I I uu-8 I T.O.STONE I I `� ' / I o - ,,.; E SL P 2'-5'12 1 rn ` 1 E.Q. E.Q 101 : r O'k Sl ONE .' j 113 . Up 104 CON C. _.. I T ,> .'• I O P -8 2 1 R 0 9, a 3ilz 2'-01' 10-6'12 I 5i/Z - 41.6'12 L f it 1 „ RAILING A 103- i ARCH -- MUDROOM I ss 11' rq TO S 0 I I — TO TO _ 1 1 LIGHTWELL LINE OF WINDOW ,r, :. 4 08 SLOPES _ .. I I " ELOW ABOVE it STE P I — — —q LC. — _BENCH GRIP RAIL OUNTED I j T.0 rAP Zo 0 15 IS S 7 2.. 01 o DN _ 14 RE DS 1_ ° OPEN TO ABOVE _ I ;.. ' - - - - - - - - - T V` T�[3' RTH \// I I -5318• 5'-531e• 5'-5. �\ \> 6x6 DINING ROOM I = I zioj 'v, r HALL '� D �P ,, LIVING ROOM I 203 SEE SHEET 7.4 FOR ' 201 j \,�� y✓; RAILING DETAILS ,n• v2 zo 106 j v% x.`! I o 1 I \ - 9-s° LING 4 ,, /�N y i_ POWDER 02 LEFT SWIM i j LIGHTWE WINDOW F.P. I El BELOW `106-6 T 0.CAP w ° a Q a ° a G a - - - - - I io i 1M I I I 10'-4' 9'-5" I 4'-8" 16'-0" 8'-10" 14'-0'1 2• 4'-8" 3'-3'12- 1 I 66'-0" I 1 2 3 5'.2 4 5 42 52 6 7 VL ml, c 1lwk A B C D V18'- V 37'-0"19'-0"1�MI1 r� I I r T.O. PLAT 124'-5 1/2" r M T.O. PLATE I i �y1G/is/ I I r i t i \ \\ ( 2A V.SIDING,TYP. i � Z2 \ i \ m i H1, I i , i 1 T 1 i 1 115'-0" I UPPER LEVEL - �� Y� I ; ) A. i 1B 1A FINAL GRADE JL 3"STONE CAP,TYP. t FIXE FINAL GRADE 1 STONE VENEER,TYP- E i T.O. PATIO STONE y 100'-0" - - - — - - - - - - - - - — - - - - - - - - — MAIN LEVEL - - - - — - - - - - i 1 2 3 4 5 6 7 8 72'-6" 6-6" DRAWING ISSUE DESIGN DEVELOPMENT 011121201 1 ') ENGINEERING SET 03109120/1 CONSTRUCTION SET 03/091201 1 M CONSTRUCTION SET 0313112011 �'% ✓ REV;VARIANCE APP CONSTRUCTION 041011201/ CHANGE ORDER VARIANCE 121302011 APPROVED f '. i L y ZON I MSIN LEVEL PLAN . 2 LEVEL PLAN PROJECT NO: 1014 DRAWN BY: MTE SCALE: 114" SHEET No. 3M2t s __ Dahl ,. 14•-10 -- --- r Ay Ile Cc TO,S ordE 1 �, PA KITCHEN L LL INE OF WALL r �/ ! ABOVE o �, loo-e•• r ^� T.O STONE 5 v � t' t col- j 4 I C NE o.S I _ -- 1U3, ,• ,' RAILING i 1 R ARCH v T.O 5 ON( �ELOT�h H1lVELL LINE OF WINDOW 61 ABOVE —— — ' 4 M I 1} 0 ,• �� � ! LIVING ROOM o a , I 204 IR f r( I 6 S, r ! 1 -- t r �l7 i l 41-1—opikk ZF LI Fft4A(GRAOF- 1 � I r 16�rat Car rrv. l.Q PATIO STONE ! I i 11 t rrr- * n4 _ Sa4-z--L eq AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26:304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: 1;6 ( LA-tc , Aspen, CO SCHEDULED PUBLIC HEARING DATE: $ rte, 20�, STATE OF COLORADO ) ) ss. County of Pitkin ) 1, ?44Kc-)Ae4 G 7 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that 1 have complied with the public notice requirements of Section 26.304.060 (E) of th spen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an oft.cial paper or a paper of general circulation in the City of Aspen at least fifteen (15)', days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice,which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing and was continuously visible from the_day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice ("sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (Continued on next page) Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this 2 7day of 6:1?ki( , 20/Z by e. C-- PUBLIC NOTICE HT VARIANCE WITNESS MY HAND AND OFFICIAL SEAL LAND USE RE E A;TNUE HEIG NOTICE IS HER.BY GIVEN t14t2a0public a hearing - will be held on onday,May My commission expires: Trig to begin a 5:00 p.m.before Cie Ha�e130�5 Council,Council Chambers Room, Tylication sub- Galena St.,Aspen,to consider an app mined oy Laguna Sierra LLC.represented by John Olson Builders for err L Avenue,Aspen,CO f 81611.The applicant is requesting a height vary ance for the rear(south)elevation.The property is legally described as:Lot 11,Ute Addition to the City and Townsite of Aspen,County of Pitkin,Colo- Notary Public rado,81611. For further information,contact Sara Adams at the City of Aspen Community Development Depp7rt ment,130 S.Galena St.,Aspen,Co,( ) 429.2778,sara.adams @ci.aspen.co.us. s/Michael C.Ireland,Mayor Aspen City Council Published in the Aspen Times weekly on April 26, ATTACHMENTS AS APPLICABLE 2012.[7825509' BLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL • APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ?4;1 14 uP/ ,Aspen,CO SCHEDULED PUBLIC HEARING DATE: M� ,200 /2- STATE OF COLORADO ) ss. County of Pitkin ) 1, L� yI' P Q tt'/�__>_ (name, please print) being or representing an Applicant to the City of Aspen, Colorado,hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E)of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice,which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six(26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15)days prior to the public hearing and was continuously visible from the 2g4"1iay of A PyelC. ,20,0�U , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing,notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty(60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise,the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However,the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15)days prior to the public hearing on such amendments. Signature The foregoing"Affidavit of Notice"was acknowledged before me this L day of 14,1-y , 20¢2, by ERIC KULBERG WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC STATE OF COLORADO My commission expires: '#— My Commission Expires L ! s Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE(SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL Easy PeelO Labels d ♦ Bend along line to i (� AVERY®51600 Use Avery®Template 51600 Feed Paper expose Pop-Up EdgeTM V 1 247 ENTERPRISE LLC 6020 OSBORN PROPERTIES LTD 679534 ONTARIO LTD 49 BELLEVUE PL 3706 SUNSET 130 ADELAIDE ST W#3302 SEA BRIGHT, NJ 07760 HOUSTON,TX 77005 TORONTO ONTARIO CANADA M5H3P5, 774302 ONTARIO LTD AGER REALTY LLC AGUA FRIA PROPERTIES LLC 7 SONATA CRESCENT 2800 ISLAND BLVD#2305 460 ST MICHAELS DR BLDG 300 TORONTO ONTARIO CANADA M3B2C3, ADVENTURA, FL 33160 SANTA FE, NM 87505 AJAX SLOPESIDE LLC ALDEN REALTY MANAGEMENT LLC APPELQUIST THOMAS W TRUSTEE 50% 240 RAMSAY RD PO BOX 2129 400 LIVINGSTON ST DEERFIELD, IL 60015-3438 SAN FRANCISCO,CA 94126 NEW HAVEN,CT 06511 ARNETT DAVID&BETTE ASPEN ALPS 123 LLC ASPEN ALPS CONDO ASSOC 5333 N CAMINO REAL 22 ALICE LN PO BOX 1128 TUCSON,AZ 85718 ASPEN,CO 81611 ASPEN,CO 81612 ASPEN VIEW LTD AUHLL 2010 TRUST AYRES&BEACHLE&TBB FAM TRST 100 S MAIN AVE#300 546 MIRAMONTE DR 117 E 72ND ST 8TH FL SIDNEY,OH 45365 SANTA BARBARA,CA 93101 NEW YORK, NY 10021 BAYLDON BARBARA W TRUSTEE 50% BECK CYNTHIA BECNEL DANIEL E JR&MARY HOTARD 647 W BARRY AVE 728 N BUNKER HILL AVE PO DRAWER H CHICAGO, IL 60657-4504 LOS ANGELES,CA 90012 RESERVE, LA 70084 BEEM CORPORATION BESHARAT GERALDINE BILLINGS PRENTICE BOYD 1201 CURRIE AVE PO BOX 7 20 ASPEN MOUNTAIN RD MINNEAPOLIS, MN 55403 ELBERTON,GA 30635 ASPEN,CO 81611 BITTEL JUDITH R 50% BITTEL STEPHEN H 50% BLACK SWAN UNIT D LLC 801 ARTHUR GODFREY RD STE 600 4125 BRAJANZA ST C/O CARISSA PEREIRA MIAMI BEACH,FL 33140-3323 COCONUT GROVE,FL 33133 115 MCARTHUR RIDGE CT NASHVILLE,TN 37220 BLOCK JOEL A TRUSTEE 50% BORNEFELD BRUCE K 113 INT BOTT ALLEN D 647 W BARRY AVE 2752 LA STRANDA GRANDE HTS 1672 POPLAR DR CHICAGO, IL 606574504 COLORADO SPRINGS,CO 80906 WALNUT CREEK,CA 94595 BOTTCHER KIRSTEN BOWERS ANN S TRUST BRENER DANIEL M&SHARON G 52 HESS AVE 237 COLERIDGE AVE 5202 POCAHONTAS GOLDEN,CO 80401 PALO ALTO,CA 94301-3522 BELLAIR,TX 77401 1=tiquettes faciles paler ; A Repliez 6 la hachure afin de; www.avery.com Utilisez le ciabarit AVERY8 5160® Sens de r6v6ler le rebord Pop TM 1 1-800-GO-AVERY 1 i eharaement p p Easy Peel®Labels A Bend along line to Q AVERYO 51600 Use Avery@ Template 51600 feed Paper expose Pop-Up EdgeTM 1 CABANISS WILLIAM J QUAL RES TRUST CARMAN PETER CH INTERESTS LLC 3812 FOREST GLEN DR 700 UTE AVE#808 C/O JOHN P HAVENS BIRMINGHAM,AL 35213 ASPEN,CO 81611 11050 CAPITAL PARK DR HOUSTON,TX 77041 CHMELIR FRANK J&SANDRA L CITY OF ASPEN CLARENDON IV LLC 201 39TH ST ATTN FINANCE DEPT 2034 N CLARK ST DOWNERS GROVE,IL 60515 130 S GALENA ST CHICAGO, IL 60614 ASPEN,CO 81611 CLARENDON LLC COHEN HOWARD&CAROL TRIFARI COHEN JUSTIN T&MALLORY P PO BOX 177 120 TOPSAIL MALL 4980 SOUTH BEELER ST BONDI JUNCTION NSW 1355 AUSTRALIA, MARINA DEL REY, CA 90292 DENVER,CO 80211 COHN JOHN R&BARBARA O COONEY THOMAS E CORCORAN DANIEL 3533 GREENBRIER DR PO BOX 4517 PO BOX 1881 DALLAS,TX 75225 ASPEN, CO 81612 ASPEN,CO 81612 CRAWFORD JOAN CRAZY WOMAN INVESTMENTS LLC CRONIN CARL&TOBY ANN 12921 BRUSHWOOD TERRACE 304 S YELLOWSTONE 8748 DORRINGTON AVE POTOMAC, MD 20854 MONTANA, MT 59047 LOS ANGELES,CA 90048-1724 CUTLER SHERRIE STEPHENS TRUST DAVIS FAMILY TRUST DAVIS TERRY CONNALLY 197 EIGHTH ST PO BOX 1909 1046 ONTARIO CHARLESTOWN NAVY YARD RANCHO SANTA FE,CA 92067 SHREVEPORT, LA 71106 BOSTON, MA 02129 DEHNERT G P DENNING&CLAMAN LLC DEPALMA JOHN R 42 DESILVA ISLAND DR 740 WEDGE DR 710 W WILSON AVE MILL VALLEY,CA 94941 GRAND JUNCTION, CO 81506 GLENDALE,CA 91206 DESTIN CO DEVORE KARINJO DIAMOND NATHAN 217 PALOS VERDES BLVD#239 PO BOX 03 5465 BANYAN TRAIL REDONDO BEACH,CA 90277 ASPEN,CO 81612 MIAMI, FL 33156 DILLARD WILLIAM T II&MARY A ELIAS BARBARA A EPSTEIN ASPEN TRUST C/O DILLARD DEPT STORES INC 0451 STAGECOACH LN 1900 RITTENHOUSE SQ#8A PO BOX 486 CARBONDALE,CO 81623 PHILADELPHIA, PA 19103 LITTLE ROCK,AR 72203-0486 FABER KATHERINE T FAVROT CAFFREY 50% 1 N FIDELITAS HOLDING CO LTD 928 OAKWOOD AVE 124 CHARLESTON PK 30 CARTIER ST WILMETTE, IL 60091 METAIRIE, LA 70005 OTTAWA ONTARIO CANADA K2P2E7, ttiquettes faciles a peter ; 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BOX 9564 1217 ROYAL ST#1 POTOMAC, MD 20854 ASPEN,CO 81612 NEW ORLEANS,LA 70116 ST MARYS OF ASPEN LLC STEEL ROBERT&GILLIAN STEWART INFORMATION SERVICES 10241 BLUE PALM ST 71 MAYFAIR LN CORP PLANTATION, FL 33324 GREENWICH,CT 06831 PO BOX 936 TAYLORSVILLE, NC 28681 STEWART SAMUEL&JACQUELINE 50% STOPEK RICHARD E&JULIE TAGUE PETER&CHERYL 124 CHARLESTON PK 6311 VIA VENETIA NORTH 7 PARK AVE TER METAIRIE, LA 70005 DELRAY BEACH,FL 33484 BRONXVILLE, NY 10708 TATEM H RANDOLPH III&SUE BINKLEY TAWGIN JOHN S TOBEY ROBERT W PO BOX 12373 129 SEA GIRT AVE 41 CHERRY HILLS FARM DR ASPEN,CO 81612 MANASQUAN, NJ 08736 ENGLEWOOD,CO 80110-7113 UKENA THOMAS E VANTILBURG JOHANNES&JOANNE WAGNER GANT PROPERTIES LLC 26 CATHERINE DR 1738 BERKELEY ST 3480 MIDDLEBELT RD NORTHBOROUGH, MA 01532 SANTA MONICA,CA 90404 WEST BLOOMFIELD, MI 48323 WATCHMAKER LINDA L 95% WATERS MICHAEL A&ADELAIDE ANN WEINBERG JUDD A TRUST 4527 BRUCE AVE PO BOX 8237 401 N MICHIGAN AVE#3050 MINNEAPOLIS, MN 55424-1122 ASPEN,CO 81612 CHICAGO, IL 606115515 WEKSTEIN TRUST WERNST INC WHITAKER PATRICIA D TRUST 100 BELVIDERE ST UNIT 9A 5141 GLENWOOD POINTE LN NE 236 LINDEN AV BOSTON, MA 02199 ALBUQUERQUE,NM 87111 ST LOUIS, MO 63105 WILKERSON WILLIAM REV TRUST WILSON MICHAEL WINKLER REV TRST 321 SUNSET DR#3 8 ELM ST 840 LOMA VISTA DR FT LAUDERDALE, FL 33301 MARBLEHEAD, MA 01945 BEVERLY HILLS,CA 90210 WINTER RUTH F TRUSTEE WOODWARD TERRY TRUST ZACHARY MARC 175 E DELAWARE PL APT 8404 3662 BRIDGEPOINTE STURM MELANIE CHICAGO, IL 60616 OWENSBORO, KY 42303 PO BOX 410 ASPEN, CO 81612 ZEFF RICHARD L TRUST ZOLET THERESA& DAVID 14 EVERGREEN WAY 17 PADDOCK CT STRATHAM, NH 03885 POTOMAC, MD 20854 ttiquettes faciles h peler ; A Repliez h la hachure afin de; www.avery.com Ss de Utilisez le aabarit AVERY®51600 1 rhampmpnt reveler le rebord Pop-U PTM i 1-800-GO-AVERY 1 861 Ute Current Issue: height of structure at South elevation. 8/17/2002 Permit: 0137.2005.ARBK Scope: Demo 1, 742 sq ft SFR Plan set: available Zoning approval: SO 8/23/2005 Status: work completed 8/15/2007 Permit: 0142.2007.ARBK Scope: built new 3045 sq ft SFR Plan set: available Zoning approval:TG 12/27/2007 Status: permit canceled, extended, new permit number 0085.2010.ARBK 10/27/2010 permit: 0085.2010.ARBK Scope: new SFR, same material submitted under permit 0142.2007. Plan set: available Zoning approval:TG 12/22/2010 Status: current master permit 3/31/2011 permit: 0021.2011.ASLU Scope: RIDS variance application by David Johnston Plan set: Resolution No. 12 (Series of 2011) Land use: coa.lu.sr. 861 Ute Ave. 0021.2011 http://apollo/weblink7/"DocView.aspx?id=160753 4/08/2011 permit: 0025.2011.ARBK Scope: change order complete re-design of house Plan set: available Zoning approval: CS 06/30/2011 Status: permit has been replaced with 0070.2011.ARBK 01/05/2012 Permit: 0001.2012.ARG R Scope: change order move back location of garage Zoning approval: CS 03/11/2012 Plan set: available Status: change order issued Page 1 of 1 CAa - �se -/6 d4 04 �n 4J"° � azCri ILlw�i � IPDS . G� c`G�.'k fFyf1. i 444 vice j �j � vidl �o���}�n • � ��� 5 G�`CM�S 2�� ���(2a �•2 � Ct Ty-buloka P o„ 4. 2 6t;..p 4�� CAA r2 t wwt run�fiu� I�e,�t� c S—l4)n W C� ` cry WA -77 `lOt2 �g¢ 04 -Awes Q wusir-Ige- car• car Pta+LS. -kh ► I�w -- (Av- cwt4 < 'W, Cq- Cate Q.bCA."+ a�We, dM'af#x--- 4 N C �� 0�. -- Irk vie jvc ]WIAVt � s - _ -- 3 _ r l _ i i )41 K�W 0$7-S"O�. eAA KW clnGuA c, P V.% Vw 05, 3y DW - oJAW Uo- RV „� �,{;o b�- s0 KW( 18" am — Vic 6,ovve ell y ___. ._ -_ _._ _ _ ___ �_� sec _ _ _ _ _ _ __ --_ _ _ __. _._ __ _ _ _ _ __ __ __ _ __ _ _ __ _ _ _ _ _ __ ___ _ _ _ _ _ _ _ r` Chris Bendon From: David Johnston [david @djarchitects.com] Sent: Wednesday, May 02, 2012 7:01 PM To: Chris Bendon; ddorr @johnolsonbuilder.com Subject: RE: 861 Ute Attachments: image001.gif; image002.gif; image003.gif; image004.gif; image005.gif Chris, See my quick answers below: David Johnston President DAVID JOHNSTON ARCHITECTS From: Chris Bendon [maiIto:Chris.Bendon @ci.aspen.co.us] Sent: Wednesday, May 02, 2012 4:34 PM To: David Johnston; ddorr @johnolsonbuilder.com Subject: 861 Ute David and David: I'm trying to get up to speed on this quickly and need some help. I'm looking through the 861 variance application and our permit documents. The variance application has a drawing, exhibit F, of the east and south elevations dated 12/30/2011. It dimensions the height of the south elevation at 267" and 26'5". 1 can't seem to find that drawing in our permit files. Our permit drawings show that same sheet with the same date with the same height dimensioned at 24'11". Can either of you point me in the right direction on this. And, I'd like to know the earliest date that a drawing of record dimensioned the height as being over 2S' if it was prior to 12/30/2011. Thanks. Exhibit F should be dated 4-26-12, as it is the actual conditions of the construction to-date that we discovered. We failed to change our template date. I have no other drawings that indicate a recorded dimension height of over 25'. Also, exhibit E of the variance application shows a patio on the south fagade which appears to be all at the same grade. Exhibit F seems to show the height of the building along the eastern portion of the south fagade being measured from a point 1' 9" above the patio that is on the western portion of the south fagade. And, our most recent permit drawings seem to indicate the patio area on the eastern portion of the south fagade as filled in. I need some clarification there as well. Thanks. I can show you the details for that space as well tomorrow. The structural slab at the eastern portion of the south fagade is at the same elevation of our desired patio to the east, because it is actually a roof deck condition. Our computer line-type just represented it as patio, and we kept the drainage at the same elevation. We were always treating the area as an elevated planter and minor area well (we have no direct access), and it was below a large deck above at one point.The point we used for determining height limit for that wall therefor was at the retaining wall line, which is roughly 4'-6" out from the building line, again, as this space was an area well, and it is too small for a working patio. 1 I will be bringing in the sequence(. elevation drawings that can guide us throe;,:°i the process that resulting in the current condition. Thanks. Any direction prior to our meeting tomorrow would be great, or we can start with these at the meeting. Cheers, Chris Bendon,AICP Community Development Director City of Aspen 970-429-2765 www.aspenpitkin.com/ Email secured by Check Point 2 Claude Salter - - - - - - - - - - - - From: Denis Murray 1 Sent: Wednesday, October 27, 2010 2:08 PM To: Jennifer Phelan; Claude Salter Subject: RE: EDEN Email 861 Ute Ave No changes proposed at this time, they are going to build the set we issue. Denis Murray Plans Examination Manager City of Aspen 970-429-2761 Office 970-309-6283 Cell Denis.Murrayoci.aspen.co.us -----Original Message----- �From: Jennifer Phelan Sent: Wednesday, October 27, 2010 1:09 PM To: Denis Murray; Claude Salter Subject: RE: EDEN Email 861 Ute Ave Hi denis: Unless expressly addressed, say in the case of an extension of vested rights before council. . .we are going to assume the project is vested at the time it submitted for a building permit. . . .2007 numbers not when issued 2010 numbers. So I don't think we need to review unless they have currently submitted something that changes their bedroom count. Jennifer Phelan, AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com --Original Message----- © From: Denis Murray Sent: Wednesday, October 27, 2010 10:40 AM To: Jennifer Phelan; Claude Salter Subject: EDEN Email 861 Ute Ave Jen and Claude, 861 Ute is a extended approved permit from 2007. They are going to build it now. Do you want to take a look at the fees before we issue? Thanks Denis Double click attachment. 1 Claude Salter From: Claude Salter Sent: Monday, June 06, 2011 11:08 AM To: 'david @djarchitects.com' Subject: FW: 861 Ute Ave permit 0025.2011.ARBK Please note the following: Survey claims lot size: 5,282 Allowable FA: 3,038.96 Proposed FA: 3,027 1. Verify the private road is not available for garage access. 2. Sheet 4.1 and 4.2: address height should be 25' see section 26.575.020(F)(2)(a) flat roofs or roofs with a pitch of less than 3:12 and section 26.575.020(F)(4)(a)chimneys, flues, and similar venting apparatus. http•//www aspenpitkin.com/Portals/0/docs/City/clerk/municode/coaspent26-500.pdf 3. Sheet 1.6 and sheet 4.1: meet the RDS(Residential Design Standard) 26.410.040(2) Build-to-lines: 60%or building width (38' x .6 = 22.8). plans illustrate 21.6' 4. Sheet 1.6 and sheet 4.1: meet the RDS: 26.410.040(B)(1)Secondary Mass. Provide total square footage number. Garage which is the secondary mass should be 10%. Plans indicate only FA. Provide plate height should not be more than 9' for linking element. 5. Sheet 1.6 and sheet 4.1: meet the RDS: 26.410.040(c)(2)(b)front fagade of the garage shall be 10' further from the street. Plans illustrate 9'6". 6. Sheet 1.6 and sheet 3.3: meet the RDS: 26.410.040(d)(2)First story element. Deck on second level extends too far over-first story element.Accessible space shall not be allowed over the first story element. http•//www aspenpitkin.com/Portals/0/docs/City/clerk/municode/coaspent26-400.pdf Claude Salter City of Aspen I Zoning Enforcement Officer Community Development Department 970-429-2752 (Office) ...................... 1 Claude Salter From: David Johnston [David @djarchitects.com] Sent: Wednesday, June 08, 2011 3:59 PM To: Denis Murray; Claude Salter; Larry Doble; Stephen Kanipe Cc: Hugh Marsh Subject: 861 Ute Avenue Change Order To all, This note is a confirmation that all permit comments for the subject Project from the building department have been responded to in writing, and delivered to the building department office today at 1:00 pm.This includes all revised drawings, letters, specifications, and written responses to comments prepared by Zoning, Building,-and Engineering departments. Please let me know if anything else is required—we would appreciate all expedience in reviewing the documents. Thanks to all. Respectfully, David Johnston President rO �L DAVID JOHNSTON ARCHITECTS T6L9 7() 5-_41111 FAX 510-9 0-):H6 Email secured by Check Point i Claude Salter From: Claude Salter Sent: Friday, January 20, 2012 11:52 AM To: david @djarchitects.com Subject: 861 Ute, change order 0001.2012.ARGR Hello Mr.Johnston, Below, please find a few concerns with regard to change order 0001.2012.ARGR. Per our telephone conversation today;you will address the challenges. 1. Sheet 4.2 East elevation chimney height give the 25' max height. South elevation at kitchen height. 2. Sheet 3.2, and site plan 2.1, elevations 4.1,4.2:The design shall meet the RIDS (residential design standard 26.410.040(D)Building Element. As proposed the entry door is more than 10' back from the front-most wall,the plate height is too tall, and the first story element does not have a depth of 6 feet. 3. Sheet 3.2 Main level: we do not have an up-dated sheet for the upper level. D. Building elements. The intent of the following building element standards is to ensure that each residential building has street-facing architectural details and elements, which provide human scale to the facade, enhance the walking experience and reinforce local building traditions. 1. Street oriented entrance and principal window. All single-family homes and duplexes, except as outlined in Subsection 26.410.010.B.4 shall have a street- oriented entrance and a street facing principal window. Multi-family units shall have at least one street-oriented entrance for every four (4) units and I L front units must have a street facing a principal window. Comer Lot On corner lots, entries and principal windows should ! ! i i i r i j face whichever street has a greater block length. This standard shall be satisfied if all of the following conditions T Bock Length are met: a. The entry door shall face the street and be no s$• more than ten (10) feet back from the front-most wall of the building. Entry doors shall not be taller than eight (8) feet. I b. A covered entry porch of fifty (50) or more square feet, with a minimum depth of six (6) feet, EJ 0 shall be part of the front facade. Entry porches and canopies shall not be more than one (1) story in height. c. A street-facing principal window requires ci'al a significant window or group of windows face window street. i Claude Salter From: Claude Salter Sent: Thursday, February 02, 2012 1:04 PM To: 'david @djarchitects.com' Subject: FW: 861 Ute, change order 0001.2012.ARGR Mr.Johnston, Please note the ongoing zoning issues with this project and change order: 1. Sheet 4.2 East elevation chimney height give the 25' max height. South elevation at kitchen height.The measurement of height, "shall be measured from the ground to the top-most portion of the structure". Below, please find the section of code which addresses height for flat roofs. 2. Sheet 3.2, and site plan 2.1, elevations 4.1,4.2:The design shall meet the RDS(residential design standard 26.410.040(D)Building Element.As proposed the entry door is more than 10' back from the front-most wall, the plate height is too tall, and the first story element does not have a depth of 6 feet. Please propose a design which will meet the standard. 3. Sheet 3.3 Upper level:we do not have an up-dated sheet for the upper level. Email or call with your response to the above listed zoning issues. F. Measuring Building Heights. 1. For properties in the Commercial Core (CC), Commercial (Cl), Commercial Lodge (CL), Neighborhood Commercial (NC) and Service Commercial Industrial (SCI) Zone Districts, the height of the building shall be the maximum distance between the ground and the highest point of the roof top, roof ridge, parapet, or top-most portion of the structure. See subsection 3, below, for measurement method. 2. For properties in all other Zone Districts, the height of the building shall be measured according to the pitch of the roof as follows. See subsection 3, below,for measurement method. a. Flat roofs or roofs with a pitch of less than 3:12. The height of a building with a roof pitch of less than 3:12 shall be measured from the ground to the top-most portion of the structure. Roof pitch Parapet :t-l) nr %A1:4 11 4 Height Height of j Building { E € b. A covered entry porch of fifty (50) or more square feet, with a minimum depth of six (6) feet, 1-3 shall be part of the front facade. Entry porches and canopies shall not be more than one (1) story in height. ' 0 c. A street-facing principal window requires "pal a significant window or group of windows face Window street. 2. First story element. All residential buildings shall have a first story street-facing element the width of which comprises at least twenty percent (20%) of the building's overall width and the depth of which is at least six (6) feet from the wall the first story element is projecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first story element may be a porch or living space. Accessible space (whether it is a deck, porch or enclosed area) shall not be allowed over the first story element; however, accessible space over the remaining first story elements on the front facade shall not be precluded. Please call or email with questions. Regards, Claude Claude Salter Zoning Enforcement Officer Community Development Department City of Aspen 130 South Galena Street Aspen, CO 81611 970.429.2752 www.aspenpitkin.com 3 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow,429.2780&Claude Salter,429.2752 DATE: 02.17.2012 PROJECT: 861 Ute Ave, Height Variance REPRESENTATIVE: David Johnston, david cDd march itects.com LAND USE REQUEST: Height Variance DESCRIPTION: The property at 861 Ute Ave received a building permit in 2011 for a new single family home. As part of her review of a change order, the Zoning Officer found that the height of a portion of the structure was over the 25 foot allowed height limit. The applicant is interested in receiving a variance for height, as the area in question has already been built. A height variance is under the purview of City Council and shall be reviewed during a noticed public hearing. The application shall address the criteria listed in Land Use Code Section 26.314 Variances. The other option is for the applicant to bring the building into compliance with the allowable height. The city is not able to issue the change order, do a final inspection, or issue a CO until the issue is resolved, Application: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2011%201and%20use%20app %20form.pdf Land Use Code: http://www.aspenpitkin.com/Departments/Community-DevelopmenVPlanning-and-Zoning/Title-26-Land-Use- Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.314 Variances 26.575.020.F Building Height 26.710.040 R-6 zone district Review by: Staff, City Council Public Notice: Required at City Council. Planning Fees: $1,890 deposit for 6 hours (additional staff time billed hourly at$315/hr.) Referral Fees: None Total Deposit: $1,890 To apply, submit the following information: ❑ Total deposit for review of the application. ❑ Proof of ownership. ❑ Completed Land Use Application Form. ❑ A signed fee agreement. ❑ A Pre-Application Conference Summary. Pre-application summary—861 Ute Ave Page 1 of 2 C A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen, Existing and proposed site plan ❑ A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. E A written description of the requested variance and an explanation of how the proposed development complies with the review standards relevant to the development application, Please include existing conditions as well as proposed. Please provide a written response to all applicable criteria. ❑ 12 Copies of the complete application packet. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Claude Salter From: Jessica Garrow Sent: Monday, February 20, 2012 10:29 AM To: David Johnston Cc: Claude Salter Subject: Re: 861 Ute Ave Height Variance.docx Hi David, You can continue working with Claude since she's been working on the plans with you.We are off today for President's day, so you can turn in revised plans tomorrow. I am pod tomorrow so if you have any questions when you submit I can help answer. Thanks and have a great day! Jessica Sent from my iPhone Please excuse any typos or mis-spellings. On Feb 20, 2012, at 9:49 AM, "David Johnston" <david @djarchitects.com>wrote: Thanks, Jessica. We are going to try to bring the project into compliance; I will be submitting the new plans later this week to Claude. Should we meet anyway to review, or should I continue to work with Claude? Thanks. David Johnston President <image001.gif> <image002.gif><image003.gif><image004.gif><image003.gif><image005.gif> From: Jessica Garrow [mailto:Jessica.Garrow @ci.aspen.co.us] Sent: Friday, February 17, 2012 3:10 PM To: David Johnston Cc: Claude Salter Subject: 861 Ute Ave Height Variance.docx Hi David, I was POD yesterday and Claude asked me to write up a pre-app for 861 Ute Ave's hiehgt issue. You can apply for a variance or bring the property into compliance in terms of height. Give me a call if you want to go over the process. My suggestion would be to bring the property into compliance rather than requesting the variance, but it is up to you and the owner. Cheers, Jessica Jessica Garrow, AICP Long Range Planner i Claude Salter From: Claude Salter Sent: Friday, April 06, 2012 5:43 PM To: 'David Johnston'; 'jolson @johnolsonbuilder.com' Cc: 'David Dorr'; 'michael @djarchitects.com'; Mike Metheny; Shannon Needell Subject: RE: 861 Ute Ave- Follow Up Mr.Johnston and Mr. Olsen, The two options for addressing the height of the South elevation of 861 Ute Avenue are: apply for a variance or bring the property into compliance in terms of height. A pre-application summary was completed for the height variance on February 17, 2012 . After which the architect made changes to the height at the South elevation to address the height with change order 0001.2012.ARGR. At the request of the builder, a site visit was completed on Wednesday April 4, 2012 after which it became clear that change order 0001.2012.ARGR does not adequately address the height issue. Zoning and building final inspections will not be scheduled until the issue is resolved. It is my expectation that the architect and the contractor will propose a solution for compliance with the maximum height of 25' in the R6.The solution shall be presented in plan view and elevation.The height shall be measured per section 26.575.020(F) Measuring Building Heights. Change order 0025.2011.ARBK was approved with the height of 24'111/2" South elevation on June 29, 2011. Change order 0001.2012.ARGR was approved with the height of 24'111/2" South elevation on March 12, 2012. Regards, Claude Claude Salter Zoning Enforcement Officer Community Development Department City of Aspen 130 South Galena Street Aspen, CO 81611 970.429.2752 www.aspenpitkin.com From: David Dorr [mailto:ddorr @johnolsonbuilder.com] Sent: Friday, April 06, 2012 8:51 AM To: Claude Salter Cc: John Olson Subject: 861 Ute Ave - Follow Up Good morning, Claude. I just wanted to follow up and check in regarding the site meeting at 861 Ute and the rear elevation height condition. Is it helpful if I run over to your office to look at your file? Feel free to call my cell if you wish to discuss. Thank you kindly. -Dave 1 6�- Claude Salter From: John Olson [john @johnolsonbuilder.com] Sent: Tuesday, April 10, 2012 11:00 AM To: Claude Salter Subject: FW: 861 Ute Ave- Follow Up Hi Claude. I hope you are well and thank you for visiting the site last week. I must say that I am fairly surprised by the fact that you would like for us to possibly go before council and ask for a variance. After our meeting last week, my team reviewed the stamped and approved permit set onsite and confirmed that we have built exactly what is drawn and signed off on by the various departments, including zoning, (it is on clear on several pages of elevations and sections) and there are no supplemental notes on our prints stating that we should have any reason to assume that there could be any issues with the south elevation and should not be built per our approvals. I know during our site visit that you stated that you had mentioned something to the architect, but please understand that the owner's contract with the architect on this project does not include any "construction administration", so the architects duties and contract were basically fulfilled (with the exception of a few details) at the time of submittal for permit, so we have never had any discussions with the architect regarding the elevation in question. The last thing I want to do is go before council and say "we built exactly what we have on our approved prints, but I guess they were incorrectly approved, which is not my fault or my owners fault"H (1 don't see how this will make anyone look very good!) Please let me know your thoughts, John. John Olson President John Olson Builder, Inc. 200 East Main Street Aspen,CO 81611 970.923.4233 main 970.923.2977 fax 970.379.0643 mobile www.iohnolsonbuilder.com JOHNOIsON 1 (T Claude Salter From: Claude Salter Sent: Wednesday, April 11,2012 9:46 AM To: john @johnolsonbuilder.com Subject: 861 Ute Ave, 0025.2011.AR8K Mr. Olson, Please note the following: 1. Going to City Council is one of the two options to remedy this situation. The other option is to correct the situation in the field. I have no preference and the decision is not mine to make. 2. The height which was approved per the elevation sheets. The permit was approved with a height of 24'111/2". 3. Contracts between the owner architect and builder are not my purview. 4. Zoning Final and Building final will not be scheduled until this issue is resolved. If you would like to see the City Plan set please call or email. Regards, Claude Claude Salter Zoning Enforcement Officer Community Development Department City of Aspen 130 South Galena Street Aspen, CO 81611 970.429.2752 www.aspenpitkin.com From: John Olson [mailto:john @johnolsonbuilder.com] Sent: Tuesday, April 10, 2012 11:00 AM To: Claude Salter Subject: FW: 861 Ute Ave - Follow Up Hi Claude. I hope you are well and thank you for visiting the site last week. I must say that I am fairly surprised by the fact that you would like for us to possibly go before council and ask for a variance. After our meeting last week, my team reviewed the stamped and approved permit set onsite and confirmed that we have built exactly what is drawn and signed off on by the various departments, including zoning, (it is on clear on several pages of elevations and sections) and there are no supplemental notes on our prints stating that we should have any reason to assume that there could be any issues with the south elevation and should not be built per our approvals. i cr� Claude Salter From: John Olson [john @johnolsonbuilder.com] Sent: Wednesday, April 11, 2012 10:29 AM To: Claude Salter Subject: RE: 861 Ute Ave, 0025.2011.ARBK Hi Claude, thank you for your detailed response. Given the options, I believe we will go forward with the variance request as soon as possible as I assume that the owner would rather do that than hire an attorney to enforce the fact that neither he nor anyone on my team did anything other than build what was approved, but this is with the understanding that it will not affect his move in date of late May, as the home is already rented for the summer and if he loses all that rental income due to something that was due to no fault of his or anyone on his team, he will maybe take a different route. Thank you for offering to see your prints, but I do not need to see yours as I build from the approved/stamped drawings in the field and would have no way of knowing what is in your office or anyone's office. Please let me know the quickest way that this variance may get accomplished and whom I can reach at what number to get this resolved very fast, as the furniture is arriving in 41/2 weeks? Thank you for your time on this and sorry for this misunderstanding. Talk soon, John John Olson President John Olson Builder, Inc. 200 East Main Street Aspen, CO 81611 970.923.4233 main 970.923.2977 fax 970.379.0643 mobile www.00hnolsonbuilder.com JOHN OLSC}N From: Claude Salter [maiIto:Claude.Salter @ci.aspen.co.us] Sent: Wednesday, April 11, 2012 9:46 AM To: John Olson Subject: 861 Ute Ave, 0025.2011.ARBK 1 Claude Salter From: Jennifer Phelan Sent: Wednesday, April 11, 2012 4:10 PM To: Claude Salter Subject: FW: 861 Ute Ave, 0025.2011.ARBK Attachments: 861 Ute Ave hiehgt variance.docx Jennifer Phelan, AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 www.aspenpitkin.com From: Jennifer Phelan Sent: Wednesday, April 11, 2012 11:50 AM To: 'john @johnolsonbuilder.com' Subject: RE: 861 Ute Ave, 0025.2011.ARBK Dear John: Feel free to submit a land use application to apply for a variance at your convenience. Once submitted and deemed complete the application will be scheduled before City Council (as a public hearing) based on their availability. Currently the Council is booked into May. Please be aware that Council has the ability to approve or deny the request. A pre-application conference summary has already been provided to the architect, David Johnston, but I have attached a duplicate for your reference. The permit that was issued was based on the height measurements(in elevation)provided by the architect in the plan set, which showed compliance with the city's height regulations. Your field set should have the same pages that we used to approve Mr.Johnston's height representations. Again, our department will not be able to issue a final inspection or Certificate of Occupancy until this issue is resolved. Kind regards,Jennifer Jennifer Phelan,AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 www.aspenpitkin.com From: John Olson [mailto:john @johnolsonbuilder.com] Sent: Wednesday, April 11, 2012 10:29 AM To: Claude Salter Subject: RE: 861 Ute Ave, 0025.2011.ARBK 1 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: April 30, 2012 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 0029.2012.ASLU — 861 Ute Ave. The planner assigned to this case is Chris Bendon. ❑ 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. T You, en 'fer he , Deputy Director City of A , Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes No I Subdivision(creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. JOHN OLSON 200 East Main Street Aspen,CO 81611 (970)923-4233 phone (970)923-2977 fox Land Use Application Application for a Dimensional Requirements Variance., To Allow a Lower Finished Grade in a Sunken Rear Terrace,resulting in an Increase to the Allowable Vertical Dimension of an Exterior Wall Plane Project: Single-Family Residence 861 Ute Avenue Aspen, CO 81611 Applicant: Laguna Sierra, LLC c/o Bowden Development 200 East Main Street Aspen,CO 81611 Prepared for Submittal to: Ms.Sara Adams,Senior Planner City of Aspen Community Development Department 130 South Galena Street Aspen,Colorado 81611 A 2012 f Table of Contents Letterof Introduction.............................................................................................. 2 Pre-Application Conference Summary................................................................... 3 ApplicationSubmittals............................................................................................ 5 Exhibit A: Land Use Application Form & Authorization Letter.........................XX Exhibit B: Disclosure of Ownership....................................................................XX Exhibit C: Site Vicinity Map................................................................................XX Exhibit D: Site Improvement Survey...................................................................XX ExhibitE: Site Plan .............................................................................................XX Exhibit F: Proposed Elevations & Sections .........................................................XX ExhibitG: Photographs .......................................................................................XX Please note: Exhibits include 8.5"x11" materials; 24x36 copies of applicable items are included in the application submittal package, as indicated by the transmittal sheet. , 51 U e�4,vei?flee - 1 a d tls;>A pp catiaa fior f,e,%c;ht V-3.i i;°?ce -26112X4.2-l'-Pagel 1 of 23 April 24, 2012 Ms. Sara Adams,Senior Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Dear Sara: Pursuant to our meetings and discussions over the past week,John Olson Builder has prepared this Land Use Application regarding the present height condition and surrounding issues at 861 Ute Avenue. The purpose of this application is to seek of Aspen City Council the granting of a variance of the City of Aspen's Residential Design Standards as those standards specifically relate to allowable building heights in the R-6 Zone District. As we have discussed, the height of the South (rear) Elevation of the newly constructed home at 861 Ute Avenue is higher than the 25-foot limit prescribed by the code, when measured from the finished grade at the sunken rear (South) terrace. Despite the fact that the house was built in accordance with the plans designed by David Johnston Architects and issued in conjunction with a Building Permit by the City of Aspen Building Department, the present condition is such that the dimension of the height of the South Elevation, when measured from finished grade, exceeds the 25-foot limit by 14 inches along one plane (the kitchen wall), and by 39 inches along another plane (the living room wall). This application requests a variance for the heights of this South Elevation, thus allowing the vertical dimension of the wall plane — from finished grade to the top of the roof curb—to measure 28 feet, 3 inches. We believe it critical to note that neither the structure nor the roof of the building is or will be situated any higher than was approved. This variance will simply allow for the patio at the rear of the house to sit lower than is allowed under the code, despite the fact that the permitted drawings reflect such condition. Also noteworthy is that the house sits four feet below the overall height limit as measured from natural grades. Likewise,the entire building sits many feet lower than the roof of the adjacent"Black Swan"parcel.The rear of the home(where the elevation in question is situated)is sunken approximately 8 feet below natural grades, and is not visible from any public right-of-way. Thank you for your time in reviewing this application and in affording the applicant prompt access to the Aspen City Council for the review of this Application.Please contact me with any questions. Regards, A, .a, David Don Vice President John Olson Builder,Inc. ddoff@johnolsonbuilder.com (970)379-7110 mobile 200 East Main Street Aspen,CO 81611 (970)923-4233 phone (970)923-2977 fax 861 Ute A venue-Land Use Application for Height Variance-2012.04.24;Page 2 of 23 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow, 429.2780&Claude Salter, 429.2752 DATE: 02.17.2012 PROJECT: 861 Ute Ave, Height Variance REPRESENTATIVE: David Johnston, david @d'architects.com LAND USE REQUEST: Height Variance DESCRIPTION: The property at 861 Ute Ave received a building permit in 2011 for a new single family home. As part of her review of a change order, the Zoning Officer found that the height of a portion of the structure was over the 25 foot allowed height limit. The applicant is interested in receiving a variance for height, as the area in question has already been built. A height variance is under the purview of City Council and shall be reviewed during a noticed public hearing. The application shall address the criteria listed in Land Use Code Section 26.314 Variances. The other option is for the applicant to bring the building into compliance with the allowable height. The city is not able to issue the change order, do a final inspection, or issue a CO until the issue is resolved. Application: http•//www aspenpitkin com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2011%20land%20 use%20app%20form.pdf Land Use Code: http://www aspenpitkin com/Departments/Community-DevelopmenVPlanning-and-Zoning/Title- 26-Land-Use-Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.314 Variances 26.575.020.F Building Height 26.710.040 R-6 zone district Review by: Staff, City Council Public Notice: Required at City Council. Planning Fees: $1,890 deposit for 6 hours (additional staff time billed hourly at$315/hr.) Referral Fees: None Total Deposit: $1,890 To apply, submit the following information: Total deposit for review of the application. Proof of ownership. Completed Land Use Application Form. A signed fee agreement. A Pre-Application Conference Summary. 861 Ute A venue -Land Use Application for Height Variance-2012.04.24;Page 3 of 23 A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. An 8 112" by 11"vicinity map locating the parcel within the City of Aspen. Existing and proposed site plan A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. A written description of the requested variance and an explanation of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please provide a written response to all applicable criteria. 12 Copies of the complete application packet. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 861 Ute Avenue-Land Use Application for Height Variance-2012.04.24;Page 4 of 23 t SUBMITTALS: DATE: April 23, 2012 TO: Sara Adams, Senior Planner City of Aspen Community Development Department FROM: John Olson Builder (JOB) PROJECT: Residence at 861 Ute Avenue RE: EXHIBIT TO LAND USE APPLICATION FOR A VARIANCE AT 861 UTE AVENUE Addressing Land Use Code Section 26.314.040.A, "Standards Applicable to Variances" (as amended under City Council Ordinance#3 of 2012 Per the Pre-Application Conference Summary dated 02.17.2012 which references the project, "861 Ute Avenue, Height Variance", and per the General Land Use Application Packet, the following Submittals and information are required for the application (numbered items refer to Attachment 4 of the General Land Use Application Packet): • Deposit • Signed Fee Agreement 1) Land Use Application Form& Authorization Letter 2) Street Address & Legal Description 3) Disclosure of Ownership 4) Vicinity Map 5) Site Improvement Survey 6) Existing & Proposed Site Plan 7)Written Description of the Proposed Variance 9) Proposed Elevations & Sections • Photographs [Submittals begin on page following. . . ] 861 Ute A venue-Land Use Application for Height Variance-2012.04.14; Page 5 of 23 Requirement#1: Land Use Application Form & Authorization Letter: Completed Application Form and Signed Authorization Letter with signed Fee Agreement are attached, under cover sheet, "Exhibit A: Requirement#1: Land Use Application Form& Authorization Letter". Requirement#2: Street Address & Legal Description: Street Address: 861 Ute Avenue Aspen, CO 81611 Legal Description: Lot 11 of the Ute Addition to the City and Townsite of Aspen Requirement#3: Disclosure of Ownership: A Proforma Title Report consisting of Schedule A and Schedule B as performed by Pitkin County Title, Inc. on March 21, 2011, as well as a current copy of the Pitkin County Assessor's Office property search records are attached, under cover sheet, "Exhibit B: Requirement#3: Disclosure of Ownership". Requirement#4: Vicinity Map: JX't 7.. ob r' i �f I J 861 Ute A venue-Land Use Application for Height Variance-2011.04.24;Page 6 of 23 The subject property is indicated by the `A', on the above Vicinity Map. A full-size copy of this map is also attached under cover sheet, "Exhibit C: Requirement#4: Vicinity Map". Requirement#5: Site Improvement Survey: A Site Improvement Survey is attached, under cover sheet, "Exhibit D: Requirement#5: Site Improvement Survey". Requirement#6: Site Plan: A Site Plan is attached, under cover sheet, "Exhibit E: Requirement#6: Site Plan". Requirement#7: Written Description of the Proposed Variance: A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision-making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of this Title and the Municipal Code; and [Applicant Response: Being as the applicant is not seeking to elevate or increase the overall elevation of the building or the roof of the building, and being as the increased dimension of the South Elevation is the result of lowering a sub-grade terrace, the Applicant firmly firmly believes that the request being made hereof is indeed generally consistent with the purposes, goals, objectives and policies of the Land Use Code.] 2. The grant of the variance is the minimum that will make possible the reasonable use of the parcel, building or structure; and [Applicant Response: The granting of this variance, as it is described herein, is the minimum variance required to allow for the reasonable use of the parcel.A variance of a lesser form or dimension would reduce the utility of a portion of the improvements on the parcel in a material fashion.] 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: 861 Ute A venue-Land Use Application for Height parlance-2012.04.24;Page 7 of 23 a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or [Applicant Response: Special conditions and circumstances which relate directly to this Application are twofold. (1) The building is built in accordance with the architectural plans, as they have been designed and prepared by David Johnston Architects, and as they were approved and stamped by the City of Aspen in the capacity of a Building Permit Application review and approval, and(2) that in constructing the building in accordance with such plans, a reasonable sense of reliance is engaged on the part of those involved in the development and construction of the improvements, and such reliance is entered into as a matter of course upon the City of Aspen regarding its review, stamping, and issuance of the architectural plans as they are submitted for the purpose of obtaining a building permit.] b. Granting the variance will not confer upon the applicant any special privilege denied[by] the terms of this Title and the Municipal Code to other parcels, buildings or structures, in the same zone district. [Applicant Response:Being as the overall height of the structure will not be affected, and being as there is in the Applicant's view no appreciable impact to any neighboring parcel,public Right-of-Way, or any other property owner, individual, or entity, it is the stance of the Applicant that the variance requested hereof does not confer any such special privilege.] Requirement#9: Proposed Elevations & Sections: Proposed Elevations are attached, under the cover sheet, "Exhibit F: Requirement#9: Proposed Elevations & Sections". Requirement#30: Photographic Panorama: A series of photographs are attached, under cover sheet, "Exhibit G: Requirement#30: Photographs". 861 Ute A venue-Land Use Application for Height Variance-2012.04.24;Page 8 of 23 Exhibit A• Copy of Land Use Application Form & Authorization Letter COMMUNITY DEVELOPMENT . Agreement to Pay Application Fees Anagreement between the City of Aspen("City")and Property Laguna Sierra,LLC Phone No.: 970-544-2000 Owner("I"):(authorized agent:Bowden Development) Email: bob @bobbowden.com Address of 861 Lite Avenue Billing c/o Bowden Development Property: Address: 200 East Main St. (subject of (send bills here) Aspen,CO 81611 application) I understand that the City has adopted,via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ flat fee for $ flat fee for $ flat fee for $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration,unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. have read,understood,and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $_1,890 deposit for_6 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$315 per hour. $ deposit for hours of Engineering Department staff time.Additional time above the deposit amount will be billed at$265 per hour. City of Aspen: Property Owner: Laguna Sierra, LLC(Bowden Properties,Agent) Chris Bandon Community Development Director Name:Bob Bowden City Use: Title: Representative Fees Due:$ Received:$ November.2011 City of Aspen 1130 S.Galena St.1(970)920-5090 861 Ute Avenue -Land Use Application for Height Variance-2012.04.24;Page 9 of 23 ATTACHMENT 2-LAND USE APPLICATION PROJECT: Name: Residence at 861 Ute Avenue Location: 861 Ute Avenue of 11 of the Ute Addition Subdivision Indicate street address,lot&block number,legal description where appropriate) Parcel ID#(REQUIRED) 273718295019 APPLICANT: Frame: Laguna Sierra,LLC Address: c/o Bowden Development Company,200 East Main St.Aspen,CO 81611 Phone#: 970 544-2000 REPRESENTATIVE: Name: Bob Bowden,Bowden Development/David Doff,JOB/David Johnston,DJA Address: 200 East Main St.Aspen,CO 81611 Phone#: 970)544-2000 or 970-379-7110,David Dorr's mobile number) TYPE OF APPLICATION:(please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA—8040 Greenline,Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA Margin,Hallam Lake Bluff condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings,uses previous approvals,etc. A nearly completed single-family residence exists;the same being built under a City of Aspen Building Permit issued by the Building Department,as designed by David Johnston Architects.The height of the South Elevation is in :ues on. PROPOSAL: (description of proposed buildings,uses modifications,etc. The applicant is seeking a variance to increase the allowed height of a vertical wall plane as measured from finished grade. The height will be increased by lowering the rear terrace,not by raising the structure or the roof. Have you attached the following? FEES DUE:$_1,890 Pre-Application Conference Summary Attachment#1,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 I1"must be folded. A disk with an electric copy of all written text (Microsoft Nord 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 ifyou must submit a 3-D model. 861 Ute A venue-Land Use Application for Height Variance-2012.04.24;Page 10 of 23 ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: Residence at 861 Ute Avenue Applicant: Laguna Sierra,LLC Location: 861 Ute Avenue(Lot I l of the Ute Addition) Zone District: R-6 Lot Size: 5,153 square feet Lot Area: 5,153 square feet (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: n/a_Proposed•_n/a Number of residential units: Existing: l Proposed.J (no change proposed) Number of bedrooms: Existing: 5 Proposed:-5(no change proposed) Proposed%of demolition(Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg.height: Existing:262" Allowable: 25' Proposed:_26'2 (one wall plane) bldg.height(coat.): Existing:28'3" Allowable: 25' Proposed: 28'3"_ (one wall plane) Access.bldg.height: Existing: Allowable: Proposed: %Site coverage: Existing: Required. Proposed. %Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required. Proposed. Side Setback: Existing: Required: Proposed. Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required. Proposed: Distance Between Existing Required: Proposed: Buildings Existing non-conformities or encroachments:The roof height of the building is slightly lower than shown in the original approved permit.The elevation of the sunken patio is lower,however. Variations requested:The application requests that the lower,sunken rear-facing(non-street facing)be allowed at each of the two wall planes at the South Elevation. 861 Ute Avenue-Land Use Application for Height Variance-2012.04.24; Page 11 of 23 i April 26,2012 To Whom This May Concern: Please note that David Dorr of John Olson Builder,Inc. is authorized to act on behalf of Laguna Sierra, LLC,the owner of the property at 861 Ute Avenue. David Dorr may be contacted at ddorr2johnolsonbuilder.com or at(970)379-7110,or at 200 East Main Street,Suite 205,Aspen,CO 81611. Thank you, Bob Bow �i Repres ative,Laguna Sierra,LLC Bowde Development Company 200 East Main St,STE 103 Aspen,CO 81611 I 861 Ute A venue -Land Use Application for Height Variance-2012.04.24;Page 12 of 23 Exhibit B: Disclosure of Ownership: IEXH PROFORMA TITLE REPORT SCHEDULE A 1. Effective Date: March 21,2011 at 8:00 AM Case No.PCT23133P 2. Policy or Policies to be issued: Proposed Insured: PROFORMA 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: LAGUNA SIERRA,LLC 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: Lot 11, LITE ADDITION TO THE CITY AND TOWNSITE OF ASPEN PITKIN COUNTY TITLE,INC. 601 E.HOPKINS,ASPEN,CO.81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: i 1 i r i E( i 861 Ute A venue-Land Use Application for Height Variance-2012.04.24;Page 13 of 23 EXHIBIT Z 00 SCHEDULE B-SECTION 1 REQUIREMENTS THIS REPORT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH, IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY.THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT,THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO 0% ISSUE ANY POLICIES OF TITLE INSURANCE 0 0 A dt A Oft Oft 861 Ute Avenue-Land Use Application for Height Variance-2012.04.24;Page 14 of 23 Parcel Detail Page 1 of 2 Pitkin County Assessor Parcel Detail Information Assessor PrpZLy_Search I Assessor Subset Oury I Assessor Sales Search Clerk&Recorder Reception Search I Treasurer Tat Search Search Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail j Land Detail I PhotogralAis Tas Area Account Nunibe7rl Parcel Number 2011 NIill Le" 056 R004791 273718295019:J1 32.048 Primary Owner Name and Address LAGUNA SIERRA LLC PO BON 1470 ASPEN,CO 81612 Additional Owner Detail Legal Description Subdivision: UTE ADDITION Lot: 11 Location Physical Address: 861 UTE AVE ASPEN Subdivision: JIUTE ADDITION Land Acres: U.000 Land Sq Ft: 5,153 2011 Property Value Summary Actual Value Assessed Value band: 4,230,00011 1,226,700 Im rovements: 0 U Total: 4,2-30OOOF 1,226,700 littp://www.pitkinassessor.org/assessor%Pareel.asp'?AceountNumber=R004791 4/26/2012 861 Ute A venue-Land Use Application for Height Variance -2012.04.24;Page 15 of 23 Parcel Detail Page 2 of 2 Sale Date: 10J4/2010 Sale Piice: 2,500,000 .Additional Sales Detail Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 0 Buildings: No Building Records Found Top of Page .Assessor Database Search Options Pitkin County Home Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Tunis Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright©2003-2011 Good Turns Software. All Rights Reserved. Database&Web Design by Good Turns Software. htt ://tvww. ilkinassessor.or /assessor/Pareel.as ?AecountNumber—R004791 4/26/2012 861 Ute A venue-Land Use Application for Height Variance-2012.04.24;Page 16 of 23