HomeMy WebLinkAboutLand Use Case.855 Roaring Fork Dr.0006.2013.ASLU THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0006.203.ASLU
PARCEL ID NUMBERS 27351210417
PROJECTS ADDRESS 855 ROARING FORK RD
PLANNER JIM POMEROY
CASE DESCRIPTION APPEAL
REPRESENTATIVE DESIGN WORKSHOP
DATE OF FINAL ACTION 4.4.13
CLOSED BY ANGELA SCOREY ON: 7/1/13
Jim Pomeroy
From: Michael Tunte <mtunte @designworkshop.com>
Sent: Thursday, April 04, 2013 4:51 PM
To: Jim Pomeroy
Cc: Richard Shaw;Jim True;Jennifer Phelan
Subject: RE: 855 Roaring Fork
Jim,
Due to the circumstances with the hearing officer we would like to withdraw our appeal. Will the city be issuing a full
refund for the client? When can we pick up the check?
Regards,
Michael Tunte, PLA, LEED@ GA
DESIGIVA(}l KS1101'
120 East Main Street
Aspen,Colorado 81611
970 920-4005, Ext. 5123(direct)
970925-8354(main)
hitp://www.desiqnworkshop.com
From: Jim Pomeroy [ma i Ito:jim pomeroy-bcit yofaspen.com]
Sent: Tuesday, March 26, 2013 9:33 AM
To: Michael Tunte
Cc; Richard Shaw; Jim True; Jennifer Phelan
Subject: RE: 855 Roaring Fork
Hi Michael,
To recap the message I just left you; I talked with Jim True, the City Attorney, and he informed me that he is attempting
to hire another Hearing Officer, but does not know how long that will take, and it could be several months. It is possible
to schedule this matter to go before Council in May. Therefore, there are three options on the table right now; wait for
a new Hearing Officer to be hired, schedule a hearing in front of council, or drop the matter entirely. Please discuss this
among yourselves, and let us know how you wish to proceed.
Respectively,
Jim Pomeroy
Code Enforcement Officer
Community Development Department
Cityof Aspen
970-429-2745
iim pomeroy @cityofaspen.com
*Please note that I have a new email address-iim.pomeroy @cityofaspen.com
From: Michael Tunte [mai Ito:mtunteCcbdesgnworkshop.com]
Sent: Monday, March 25, 2013 12:57 PM
To: Jennifer Phelan
Cc: Jim Pomeroy; Richard Shaw
Subject: 855 Roaring Fork
1
Jennifer,
I just let a message on your voicemail and would appreciate if you can call me regarding the fence at 855 Roaring Fork
Road. Due to the circumstances with the hearing officer, I am hoping to discuss how we can convert what we have
already invested into the board of appeals.
Thank you,
Michael Tunte, PLA, LEEDO GA
QESIGNW"Ol SIItOP
120 East Main Street
Aspen,Colorado 81611
970 920-4005, Ext.5123(direct)
970925-8354(main)
http://www.designworkshop.com
Confidentiality note: The above email and any attachments contain information that may be confidential and/or
privileged. The information is for the use of the individual or entity originally intended. If you are not the
intended recipient, any disclosure, copying, distribution or use of this information is prohibited. If this
transmission is received in error, please immediately notify the sender and delete this message and its
attachments, if any.
Please note my new cityofaspen.com email address and update your records accordingly. My old ci.aspen.co.us
address will be expiring soon.
Confidentiality note: The above email and any attachments contain information that may be confidential and/or
privileged. The information is for the use of the individual or entity originally intended. If you are not the
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2
THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: February 4, 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 0006.2013.ASLU — 855 Roaring Fork Drive. The planner
assigned to this case is Jim Pomeroy.
❑ Your Land Use Application is incomplete:
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the
land use application.
Your Land Use Application is complete:
If there are not missing items listed above, then your application has been deemed complete
to begin the land use review process.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2759 if you have any
questions.
Th You
Jennifer h Ian, Deputy Director
City of Aspen, Community Development Department
For Office Use Only: Qualifying Applications:
Mineral Rights Notice Required New SPA New PUD
Yes No Subdivision, SPA, or PUD(creating more than 1 additional
lot)
GMQS Allotments Residential Affordable Housing
Yes No Commercial E.P.F.
r, TD
Transmittal
Dc;i n V()i k;ho p. III(%
I.anl: npri\I- hi1c SHIT To: Jennifer Phelan
L111(1 1'1, viii_ 130 S. Galena Street COMMUNITY DEVELOPMENT
t rlmil Dc'i_ii Aspen,Colorado 81611
S1I;Ilc ir Scl v irc' (970)429-2759
jennifer.phelan @cityofaspen.com
From: Richard Shaw
Date: January 31, 2012
Project Name: 855 Roaring Fork Road
Project#: 4853
Subject: Appeal of determination by administrative
hearing officer, regarding proposed fence
Copy To: Tracy Nelson,Julie Maple, Michael Tunte, Helen
Mellick, Gary Krill
The following items are transmitted:
� Herewith F Separate Cover f As Requested F For Review F For Files F For Approval F For Information
Item Description:
1 Check for total deposit for review of application ($1,300)
2 Completed land Use application form, page 2 (5 copies)
3 Signed fee agreement(5 copies)
4 Pre-Application conference summary(5 copies)
5 Letter of authorization from applicant (5 copies)
6 Proof of ownership (5 copies)
7 Vicinity map (5 copies)
8 Written description of proposal with highlighted code sections and drawing (5 copies)
Method of transmittal:
r— FedGx j...._ Mail f Courier P Hand Delivered � Other
DESIGNWORKSHOP
Asheville•Aspen• Austin• Denver• Salt Lake City•Tahoe
120 E. Main Street, Aspen, CO 81611 • (tel)970 925-8354• (fax)970 920-1387
www.designworkshop.com
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February 22,2013
Mr, David H. Koch
855 Roaring Fork Dr. T11E CITY or ASPEN
Aspen,CO 81611
RE: APPEAL OF AN ADMINISTRATIVE DETERMINATION (FENCE HEIGHT)
Dear Mr. Koch,
As required per Section 26.316.020 D., Notiee Requirements,of the land use code notice is hereby given
that a public hearing will be held on Friday, March 15, 2013, to begin at 9;00 a.m. before the
Administrative Hearing Officer, City Council Chambers, City Hall,�130 S. Galena St., Aspen. The purpose
of the hearing is to'consider an appeal of an administrative determination that you submitted on behalf
of the Applicant. .
The administrative determination concluded that any fence between a road and street facing facade of a
house must be no higher than 42". For further information, please feel free to contact me.at
970.4?r9.2745 or by email )im pomeroyPeityofasnen.com. A memo will be emailed to you in the near
future.
Regards,
Jim Pomeroy
Code Enforcement Officer
City Of Aspen
130 SOUTH GALENA STREET ASPEN,CO1.oRADo 81611-1975 Peo\T 970.920.5000• Aix 970.920.5197
Prinw on R.-Yded PAN,
February 22,2013
Mr.David H. Koch
PO Box 2256
Wichita,KS 67201 ` . THE CITY or ASPEN
RE: APPEAL OF AN ADMINISTRATIVE DETERMINATION (FENCE HEIGHT)
Dear Mr. Koch,
As required per Section 26.316.020 D., Notice Requirements,of the land use code notice is hereby given
that a public hearing will be held on Friday, March 15, 2013, to begin at 9:00 a.m. before the .
Administrative Hearing Officer, City Council Chambers, City Hall, 130 S. Galena St., Aspen. The purpose
of the hearing is to consider an appeal of an administrative determination that you submitted on behalf.
of the Applicant.
The administrative determination concluded that any fence between a road and street facing facade of a.
house must-be no higher than 42". For further information, please feel free to contact me at
970.429.2745 or by email jim.pomerov @cityofasaen.com. A memo will be emailed to you in the near
. future.
Regards,
J1 Pomeroy
Code Enforcement Officer
City Of Aspen
130 SOUTH GALEWA STREET • ASFEN,COLORAUo 81611-1975 • PtimE 970.920.5000• F x 970.920.5197
www.aspengmcorn
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
MaXG4-• IS l qam , 2013
STATE OF COLORADO )
ss.
County of Pitkin )
I, ' �M (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 seen 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 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.
�I
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this 4 day
of B-curCAr\ , 20!3, by
y•pve WITNESS MY HAND AND OFFICIAL SEAL
PUBLIC NOTICE M commission Tres: 101 3 V 1 3
RE: APPEAL OF AN ADMINISTRATIVE BONNIE L. • 3' expires:
DETERMINATION(Fence Height)
NOTICE IS HEREBY GIVEN that a public hearing NAI CHTLER. ^ I,q
will be held on Friday,March 15,2013,to begin at ' :: �J Y� V' 1 t..Q l,w C " 4�"'�✓
9:00 a.m.before the Administrative Hearing Officer, • •
City Council Chambers,City Hall,130 S.Galena s•.• • Notary Public
St.,Aspen,to consider an appeal of an administra- ( C.�
tive determination issued by the Community Devel-
opment Director,submitted by David H.Koch of C ��n y
PO Box 2256,known as 855 o�arriing Fork D?Aspen,CO 8161t1 0[.4S1lji;C S 1W311t2013
and legally described as Lot 9,Second Aspen
Company Subdivision. Applicant submitted an ap-
plication for a fence permit for 855 Roaring Fork
Drive.The administrative determination concluded
that any fence between a road and a street facing
fagade of a house must be no higher than 42"as
Lion,outlined co t the land use`ode. For further informs- ATTACHMENTS AS APPLICABLE:
lion,contact Jim Pomeroy at the City of Aspen
Community Development Department,130 S.Ga-
Jena St.,Aspen,CO 970.429.2745,(or by email IF THE PUBLICATION
jim.pomeroy@cityofaspen.com).
s/Ted Gardenswartz,Esq.,Administrative GRAPH OF THE POSTED NOTICE (SIGN)
Hearing Office
City of Aspen THE OWNERS AND GOVERNMENT AGENGIES NOTIED
Published in the Aspen Times Weekly on February T
28,2013. [8942037] L
February 28-March 6, 2013 ANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE
!UIRED BY C.R.S. §24-65.5-103.3
ATTACHMENT 2—LAND USE APPLICATION
PIZO.IECT:
Name: 855 Roaring Fork Road
Location: 855 Roaring Fork Road, Aspen, CO 81611
(Indicate street address, lot& block number, legal description where appropriate)
Parcel ID#(REQUIRED) 273512104017
APPLICANT:
Name: David H. Koch
Address: 855 Roaring Fork Road, Aspen, CO 81611
Phone#:
REPRESENTATIVE:
Name: Richard Shaw
Address: 120 East Main Street, Aspen, CO 81611
Phone#: 970.925.8354
TYPE or 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.)
There is an existing 6' height fence along the eastern side of the yard
PROPOSAL: (description of proposed buildings, uses, modifications,etc.)
Replace the existing 6' height fence along the eastern side of the yard and continue the 6' fence
along the backyard
Have you attached the following? FEES DUE: $ $1,300
❑ Pre-Application Conference Summary
❑ Attachment#1, Signed Fee Agreement
❑ Response to Attachment#3, Dimensional Requirements Form
❑ Response to Attachment 94, Submittal Requirements-Including Written Responses to Review Standards
❑ 3-D Model for large project
All plans that are larger than 8.5"X 11" must be folded. A disk with an electric copy of all written text
(Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an
Aectronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model.
Agreement to Pay Application Fees
Anagreement between the City of Aspen("City")and
Property Phone No.: ( 970) 920-4804
Owner 0"): David H. Koch Email:
Address of Billing qq v MM n
Property: 855 Roaring Fork Rd. Address: c/ohHeaNly Oangement
(subject of Aspen,CO 81611 (send bills here) PO Box 2256
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.
$,0 flat fee for Select Dept $0 flat fee for Select Dept
$0 flat fee for Select Dept $ 0 flat fee for Select Review
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.
I 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 ,300 deposit for 4 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$265 per hour.
City of Aspen: Property Owner:
Y
Chris Bendon
Community Development Director Name: David H. Koch
City Use: 1 300 Title: Property Owner
Fees Due:$ Received:$
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Jennifer Phelan, 429-2759 DATE: 1.17.12
PROJECT: 822 and 855 Roaring Fork Road
REPRESENTATIVE: Michael Tunte, Design Workshop
DESCRIPTION:
Both properties are through lots (lots that have street frontage at either end of the lot) that
recently applied for fence permits. SubSection 26.575.020(E)(5)(P) of the land use code permits
fences and hedges up to six feet in height "in areas entirely recessed behind the vertical plane
established by the portion of the building fagade which is closest to the street. This restriction
applies to all street-facing facades of a parcel." Due to this requirement, a portion of the
proposed fences could not be approved for permit issuance by an administrative official.
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.316 Appeals
26.316.020 (D) — Administrative Hearing Officer
26.316.030 —Appeal procedures
Link to the Land Use Code:
http://www.aspenpitkin.com/Departments/Community-
Development/Planning-and-Zoning/Title-26-Land-Use-Code/
Review by: - Staff for complete application
- Administrative Hearing Officer for determination
Public Hearing: Yes, at Hearing officer's determination
Planning Fees: $1,300.00 Deposit for 4 hours of staff time (additional planning hours
over deposit amount are billed at a rate of $325/hour). Hearing officer shall be provided
reasonable compensation and billing will occur as part of the Community Development
Fees.
Total Deposit: $1300.00 (PER APPEAL FOR EACH LOT)
To apply, submit the following information:
1. Total deposit for review of the application.
2. Completed Land Use Application Form. Page 2.
http://www.aspenpitkin.com/Departments/Community-Development/Planning-
and-Zoning/Applications-and-Fees/
3. A signed fee agreement.
4. A Pre-Application Conference Summary.
5. 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.
6. Proof of ownership. 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.
7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
8. A written and graphic description of the proposal and an explanation in written,
graphic, or model form of how the proposed development complies with the
review standards relevant to the development application.
9. 5 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.
KOCH
INDUSTRIES INC
DAVID H. KOCH
EXECUTIVE VICE PRESIDENT
CHEMICAL TECHNOLOGY
January 23, 2013
Ms. Jennifer Phelan, AICP
Deputy Planning Director
Community Development Department
City of Aspen
130 S. Galena St.
Aspen, CO 81611
Re: 855 Roaring Fork Rd.
Dear Ms. Phelan,
I authorize the firm of Design Workshop (in the person of Richard Shaw or other principals) to
represent me in the Land Use Review proceedings related to the requested fence permits for
my property located at 855 Roaring Fork Rd. in Aspen, CO. Below is Richard's contact
information:
Richard Shaw
Design Workshop
120 East Main Street
Aspen, CO 81611
(970) 925-8354 Ext. 5113 / rshaA@designworkshop.com
Please accept this letter as your formal authorization.
Sincerely,
667 Madison Avenue 22nd Floor New York, New York 10021 212/319-1100
FAX 212/319-9200 E-mail kochd@kochind.com
u
la4tw ers Title
t a
Insurance Co oration
NATIONAL HEADQUARTERS
RICHMOND,VIRGINIA
SCHEDULE A-C 'S POLICY
CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER
PCT-2857 01/20/89 @ 12.05 P.M. $ 11900,000.00 85-01-097683
1. NAME OF INSURED:
DAVID KOCH
2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS
IN FEE SIbIPLE
3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN:
DAVID KOCH
4 THE LAND TWWRED To IN THIS POLICY IS DESCRIBED AS FOLLOW:
LOT 9, SEOOM ASPEN COWANY SUBDIVISION, ACCORDING TO THE MAP THEREOF RECORDED IN
DITCH BOOK 2A AT PAGE 263, COUNTY OF PITKtN, STATE OF COLORADO
PITKIN COUNTY TITLE, INC.
S- '
601 E. HOPKINS AVE.
7rs thorized Agent ASPEN, COLORADO 811611
(303) 925-1766
THE POLICY NUiSBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE
COVER. SHEET.
s.
xm 100 Litho
35-0-100-0041/2
gwyersTid
Iniurvanco oratio
NATIONAL HEADQUARTERS
RICHMOND,VIRGINIA
SC:HED= B
CASE NUNBER DATE OF POLICY POLICY NUMBBR
PCT-2857 01/20/89 Q 12:05 P.M. 85-01-097683
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAK40E BY REASON OF THE FOLLOWINS:
1. Rights or claims of parties in possession not showm by the public records.
2. FAsements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, eru:roachments, and any
facts which a correct survey and inspection of the premises would disclose and which
are not sho wn by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereto-
after furnished, imposed by lava and not shown by the public records.
5. Unpatented raining claims, reservations or excepticnis in patents or in Acts authoriz-
ing the issuance thereof; water rights, claim or title to water.
6. Tzams for the year 1989 not yet due or payable.
7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom,
should the same be found to penetrate or intersect the s; and right of way
for ditches or canals constructed by the authority:of the United States, as reserved
In United States patent recorded in Book 66 at page 2.
S. Restrictions, which do not contain a forfeiture or reverter clause but aanitting
restrictions, if any, based m race, color, religion or national origin, as
contained in instruent recorded May 28, 1962 in Book 197 at Page 478.
9. Terms, condition and obligations as set forth in instrument recorded in Book 499 at
Page 551.
EXCEPTIONS NUMBERED NONE ARE HEREBY OMIT ED.
-orm 100 Litho In U.S.A.
,a,-n_i nn_nndl i9
ta4tw e rs ide
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Insurance Corporation
NATIONAL HEADQUARTERS
RICHMOND,VIRGINIA
gommaommummumm
Policy Number
85-01-097683
WINNOW
SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF
THE CONDITIONS AND STIPULATIONS HEREOF, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation,
herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding,the
amount of insurance stated in Schedule A, and.costs, attorneys' fees and expenses which the Company may become
obligated to pay hereunder, sustained or incurred by the insured by(reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land: or
4. Unmarketability of such title.
IN WITNESS WHEREOF the Company has capsed this policy to be signed and sealed, to be valid when Schedule A is
countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws.
Jaurylers�jitle jns e o�poration
67,W-C-By. a,-�,,^,
President
Attest: rl
Secretary.
Policy 85/99 Litho in U.S.A. Cover Sheet ALTA Owner's Policy Form B- 1970
y
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. (a) Governmental police power.
(b) Any law, ordinance or governmental regulation relating to environmental protection.
(c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating
or prohibiting the occupancy, use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of
which the land is or was a part.
(d) The effect of any violation of the matters excluded under (a), (b), or (c)above, unless notice of a defect, lien or encumbrance resulting
from a violation has been recorded at Date of Policy in those records in which under state statutes deeds,mortgages,lis pendens,liens or
other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge;
provided, however, that without limitation, such records shall not be construed to include records in any of the offices of federal,state or
local environmental protection,zoning,building,health or public safety authorities.
2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a)created,suffered, assumed or agreed to by the insured claimant;(b)not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to
the date such insured claimant became an insured hereunder; (c)resulting in no loss or damage to the insured claimant; (d)attaching or
created subsequent to Date of Policy;or (e)resulting in loss or damage which would not have been sustained if the insured claimant had
paid value for the estate or interest insured by this policy.
CONDITIONS AND STIPULATIONS
1. Definition of Terms
The following terms when used in this policy mean: (c)The Company shall have the right at its own cost to institute and
(a) "insured" the insured named in Schedule A,and,subject to any without undue delay prosecute any action or proceeding or to do any
other act which in its opinion may be necessary desirable to
rights or defenses the Company may have had against the named
insured,those who succeed to the interest of such insured by operation establish the title to the estate interest insured,and d the Company
of law as distinguished from purchase including, but not limited to, may take any appropriate action under r the terms this policy,
heirs, distributees, devisees, survivors, personal representatives, next whether or not it shall be liable thereunder, and shal1l 1 not thereby
concede liability or waive any provision of this policy. ..
of kin,or corporate or fiduciary successors. (d). Whenever the Company, shall have brought any action or
(b) "insured claimant'' an insured claiming loss or damage interposed a defense as required or permitted by the provision of this
hereunder. policy, the Company may pursue any such litigation to final
(c) "knowledge": actual knowledge, not constructive knowledge or determination by a, court of competent jurisdiction and expressly
notice which may be imputed to an insured by reason of any public reserves the right, in its sole discretion, to appeal from any adverse
records. judgment or order.
(d) "land": the land described, specifically or by reference in (a)'lr(all cases where this policy permits or requires the Company to
Schedule A,and improvements affixed thereto which by law constitute prosecute or provide for the defense of any'action or proceeding,the
real property;provided,however,the term "land"does not include any Insured hereunder shall secure to the Company the right to so
property beyond the lines of the area specifically described orreferretl prosectke or provide defense in such action or proceeding, and all
to in Schedule A, nor any right, title, interest, estate or easement in ggp6iigls'therein, and permit the Company to use, at its option, the
abutting streets, roads,avenues, alleys, lanes,ways or waterways!but iiihma of such insured for such purpose. Whenever requested by the
nothing herein shall modify or limit the extent to which a right of- CgM'O',any,'such insured shall give the Company all reasonable aid in
access to and from the land is insured by this policy. any bucp action or proceeding, in effecting settlement, securing
(e)"mortgage": mortgage,deed or trust,trust deed,or other ev)dioce,obtaining witnesses,or prosecuting or defending such action
security instrument. pr proceeding, and the Company shall reimburse such insured for any
(f) "public records":those records which by law impart constructive , ' expense so Incurred.
notice of matters relating to said land.
2. Continuation of Insurance after Conveyance of Title 4. Notice of°Loss—Umitation of Action
The Coverage of this policy shall continue in force as of Date of Policy In addition to the notices required under paragraph 3(b) of these
in favor of an insured so Ion as such insured retains an estate or damage and Stipulations, a statement i writing d any loss or
9 damage for which it is claimed the Company is liable under this policy
interest in the land, or holds an indebtedness secured by a purchase shall be furnished to the Company within 90 days after such loss or
money mortgage given by a purchaser from such insured,or so long as damage shall have been determined and no right of action shall accrue
such insured shall have liability by reason of covenants of warranty to an insured claimant until 30 days after such statement shall have
made by such insured in any transfer or conveyance of such estate or been furnished. Failure to furnish such statement of loss or damage
interest; provided, however, this policy shall not continue in force in shall terminate any liability of the Company under this policy as to such
favor of any purchaser from such insured of either said estate or loss or damage.
interest or the indebtedness secured by a purchase money mortgage
given to such insured.
6. Options to Pay or Otherwise Settle Claims
3. Defense and Prosecution of Actions—Notice of Claim to be The Company shall have the option to pay or otherwise settle for or in
given by an Insured Claimant the name of an insured claimant any claim insured against or to
(a) The Company, at its own cost and without undue delay. terminate all liability and obligations of the Company hereunder by
y paying or tendering payment of the amount of insurance under this
provide for the defense of an insured in all litigation consisting of policy together with any costs,attorneys'fees and expenses incurred
actions or proceedings commenced against such insured or a defense up to the time of such payment or tender of payment, by the insured
interposed against an insured in an action to enforce a contract for a claimant and authorized by the Company.
sale of the estate or interest in said land, to the extent that such
litigation is founded upon an alleged defect, lien, encumbrance, or
other matter insured against by this policy.
(b) The insured shall notify the Company promptly in writing (i) in 6. Determination and Payment of Loss
case any action or proceeding is begun or defense is interposed as set (a) The liability of the Company under this policy shall in no case
forth in (a) above, (ii) in case knowledge shall come to an insured exceed the least of:
hereunder of any claim of title or interest which is adverse to the title (i)the actual loss of the insured claimant;or
to the estate or interest, as insured, and which might cause loss or (ii)the amount of insurance stated in Schedule A.
damage for which the Company may be liable by virtue of this policy,or (b)The Company will pay, in addition to any loss insured against by
(iii) if title to the estate or interest, as insured, is rejected as this s,policy.,all costs imposed;upon an insured in litigation carried on by
unmarketable. If such prompt notice shall not be given to the Company, the Company for such insured, and ail,costs, attorneys' fees and
then as to such insured all liability of the Company shall;cease and expenses in litigation carried on by such insured with the written
terminate in regard to the matter or matters for which such prompt authorization of the Company,
notice is required; provided, however,that failure to notify',;sha I In no (c) When liability has been definitely fixed in accordance with the
ca s-prejudice the rights of any such Insured under this policy unless conditions of this policy,the loss or damage shall be payable within 30
the Company shell be prejudiced by such failure and then only to the days thereafter.
r,
CONDITIONS AND STIPULATIONS—CONTINUED
7. Limitation of Liability 11.Subrogation Upon Payment or Settlement
No claim shall arise or be maintainable under this policy(a) if the Whenever the Company shall have settled a claim under this policy,all
Company, after having received notice of an alleged defect, lien or right ofsubrogation shallvest in the Company unaffected by any act of the
encumbrance insured against hereunder, by litigation or otherwise, insured claimant.The Companyshall be subrogated to and be entitled to
removes such defect, lien or encumbrance or establishes the title, as all rights and remedies which such insured claimant would have had
insured, within a reasonable time after receipt of such notice;(b)in the against anyperson or property'in respect to such claim had this policy not
event of litigation until there has been a final determination by a court of been issued, and if requested by the Company, such insured claimant
competent jurisdiction,and disposition of all appeals therefrom,adverse shell transfer to the Company all rights and remedies against any person
to the title,as insured,as provided in paragraph 3 hereof;or(c)for liability or property necessary in order to perfect such right of subrogation and
voluntarily assumed by an insured in settling any claim or suit without shall permitthe Company to usethe name of such insured claimant in any
prior written consent of the Company. transaction or litigation involving such rights or remedies.If the payment
does not cover the loss of such insured claimant,the Company shall be
S. Reduction of Liability subrogated to such rights and remedies in the proportion which said
All payments under this policy, except payments made for costs, payment bears to the amount of said loss.If loss should result from any
attorneys'fees and expenses,shall reduce the amount of the insurance act of such insured claimant,such act shall not void this policy,but the
pro tanto. No payment shall be made without producing this policy for Company, in that event, shall be required to pay only that part of any
endorsement of such payment unless the policy be lost or destroyed,in losses insured against hereunder which shall exceed the amount,if any,
which case proof of such loss or destruction shall be furnished to the lost to the Company be reason of the impairment of the right of
satisfaction of the Company. subrogation.
9.Liability Noncumulative
It is expressly understood that the amount of insurance t.�er't 's N
policy shall be reduced by any amount the Company may pay u errant'
policy insuring either(a)a mortgage shown or referred to in Schedule 8 ""L liability Limited to this Policy
hereof which is a lien on the estate or interest covered bythi%poll cr(b T linstrument
a mortgage hereafter executed by an insured which is a charge oiterYot1 11 together with all endorsements and other instruments,
f
the estate or interest described or referred to in Schedule A;and the 1 any�`1ptttached hereto by the Company is the entire policy and contract
amount so aid shall be deemed a betvu'��n the insured and the Company.
p payment under this lcy.. he �y. Jaim of loss or damage,whether or not based on negligence,and
Company shall have the option to apply to the payment apy such which Arises out of the status of the title to the estate or interest covered
mortgages any amount that otherwise would be payable heretJttdertoiha
insured owner of the estate or interest covered by this pojjcy and the hs ision any action asserting such claim, shall be restricted to the
amount so paid shall be deemed a payment under this policy to said provisions and conditions and stipulations of this policy.
insured owner. � o amendment of or endorsement to this policy can be made except by
vtK, pg endorsed hereon or attached hereto signed by either the
10. Apportionment wr' dent, a Vice President,the Secretary,an Assistant Secretary,or
If the land described in Schedule A consists of two or more parceig vall ting officer or authorized signatory of the Company.
which are not used as a single site,ands loss is established affecting orte
or more of said parcels but not all,the loss shall be computed and seed
on a pro rata basis as if the amount of insurance under this policy was
divided pro rata as to the value on Date of Policy of each separate parcel to
the whole,exclusive of any improvements made subsequent to Date of 13.Ndtioes,Where Sent
Policy, unless a liability or value has otherwise been agreed upon as to A I..no jc required to be
each such parcel by the Company and the insured at the time of the ( i given the Company and any statement in
K `viiiiting required to be furnished the Company shall include the number of
issuance of this policy and shown by an express statement herein or by a this policy and shall be addressed to its Corporate Headquarters, 6630
endorsement attached hereto. West Broad Street,Richmond,Virginia, mailing address:P.O.Box 27567,
Richmond,Virginia 23261'
Lawyers Title Insurance Corporation
National Headquarters—Richmond,Virginia
A WORD OF THANKS...
As we make your policy a part of our permanent records, we want to express our
appreciation of this evidence of your faith in Lawyers Title insurance Corporation.
There is no recurring premium.
This policy provides valuable title protection and we suggest you keep it in a safe
place where it will be readily available for future reference.
if you have any questions about the protection provided by this policy contact the
office that issued your policy or you may write to:
Consumer Affairs Department
LawyersTide Insurance CoMoration
P.O Box 27567
Richmond, Virginia 23261
L4&wyer
sTitle
insurance @�Ordtion
POLICY OF TITLE INSURANCE
Recording Requested by and 41BO79 5
When Recorded Return to: Page: 1 of 2
Koch FE.3 7h amily Nort Management SILVIA DAVIS PITKIN COUNTY CO R 11.00 03/31/2 0030002:0SF
Wichita,KS 67220
Attn: Theresa Beiker
SPECIAL WARRANTY DEED
THIS DEED, made to be effective as of this o-9 day of March, 2003, between David H.
Koch, of the said County of Sedgwick and State of Kansas ("Grantor"), and David H. Koch,
Trustee of The David H. Koch 2003 Trust, u/t/a dated January 24, 2003, whose address is 4111
E. 37`h Street North, Wichita, Kansas, Attention: Koch Family Management, of the said County
of Sedgwick and State of Kansas ("Grantee"):
$ WITNESSETH, that the Grantor, for and in consideration of the sum of TEN
P(P) DOLLARS ($10.00), the receipt and sufficiency of which is hereby acknowledged, has granted,
bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and
confirm, unto the Grantee, and Grantee's successors and assigns forever, all the real property,
._° together with improvements, if any, situate, lying and being in the said County of Pitkin, State of
Colorado described as follows:
Lot 9, SECOND ASPEN COMPANY SUBDIVISION,According to the Map
thereof recorded in Ditch Book 2A at Page 263
also known by street and number as:
a
a a+ 855 Roaring Fork Road.
o
TOGETHER. with all and singular the hereditaments and appurtenances thereto
E- `�belonging, or in anywise appertaining, and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and
demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances,
SUBJECT, however, to all easements, covenants, restrictions and reservations now of
record and subject to all taxes and assessments, general and special, not now due and payable,
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the Grantee, and Grantee's successors and assigns forever. The Grantor, his
heirs and assigns, do covenant and agree that they shall and will WARRANT AND FOREVER
DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee,
and Grantee's successors and assigns, against all and every person or entity claiming the whole
or any part thereof, by, through or under the Grantor, except as hereinabove stated. The singular
number shall include the plural, the plural and the singular, and the use of any gender shall be
applicable to all genders,
4 118218
48074,--
111111111111 pill 11111111 Page: 2 of 2
03/31/2003 02:089
SILVIA DAVIS PITKIN COUNTY CO R 11.00 0 0.00
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth
above.
DAVID H. KOCH
STATE OF KANSAS )
ss:
COUNTY OF SEDGWICK )
The foregoing instrument was acknowledged before me this day of March 2003, by
David H. Koch.
Witness my hand and official seal.
1
(No Public for the State of Kansas
My commission expires: C))A W06
RUTH E. WILLIAMS
Notary Public/10 of Kansas
MY Appt. Expires
855 Roaring Fork Road
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Project Location
Memorandum
1)i.;i ii AC m k;ho p. lim
\Ichilci iin. To: Jennifer Phelan
Lillid Phllilliilg 130 S. Galena Street
I Aspen,Colorado 81611
(970)429-2759
tii ill " jennifer.phelan @cityofaspen.com
From: Richard Shaw
Date: January 31, 2012
Project Name: 855 Roaring Fork Road
Project#: 4853
Subject: Appeal of determination by administrative
hearing officer, regarding proposed fence
Copy To: Tracy Nelson,Julie Maple, Michael Tunte,
Helen Mellick, Gary Krill
=y � n
�. C,, a 'ail'-i a e F, g_ s .�. r31",� e H e a r i n g Offs
Regarding the proposed fence at 855 Roaring Fork Road, Section 26.410 and Section 26.575
Dear Ms. Phelan,
On October 30, 2012, Gary Krill from Schlumber construction received a response from Jim Pomeroy
regarding a proposed fence drawings indicating that the proposed fence did not comply with section
26.575.020 of the code.
We have reviewed the code and the three sections that are applicable to fences are Section 26.410,
Section 26.575.020, and Section 26.575.050 (highlighted sections of the code enclosed). We believe
there are valid reasons why an appeal of determination is valid.
Beginning with the Residential Design Standards 26.410, (Part 400, Page 1), the intention of providing
standards for the front yard and front fagade of a house is established. There is specific mention of the
area between the street and the front door of the home, as a transition between the public realm of the
neighborhood and the private life of the dwelling. The definition of a front yard is—"The yard extending
the full width of a lot or parcel, the depth of which is measured by the narrowest horizontal distance
between the front lot line and the nearest surface of the principal building at grade", from the city code.
On Part 400, Page 4, under site design it states that the intention of the standards is to not eliminate
visibility of the front yard from the street. Part 400, Page 4, number 3, specifically cites areas forward of
the front fagade of the house as having to comply with the 42" height limitation. We believe the
Residential Design Standards establish a 42" height limit for those areas forward of the front fagade.
DESIGNWORKSHOP i
Section 26.575.020, page 18, item P, also captures these intentions but the precise wording could not
have anticipated that, infrequently, there would be a street at the front and back of the lot (only 3 lots
in the city), so that the language for facing a street would count toward a normal lot or a corner lot. The
front yard nature of the intent is therefore in conflict with this section. Figure 17 demonstrates the
front yard intention and its relation to the front facade line of the house. Section 26.575.050 establishes
that there should be no visual obstruction for traffic at a corner lot, which is a two sided street frontage
lot.
The eastern side yard currently has a 6' height fence and we believe replacing it and continuing the 6'
fence along the backyard is in compliance with the code and neighborhood character. The result of the
code section in question being applied to this unique parcel configuration has created a hardship so that
the parcel effectively has no backyard, prohibiting the owner the possibility of privacy and security,
including security for an existing swimming pool. The appeal of determination is necessary to prevent
the denial of a backyard and consistent with the neighborhood.
Best regards,
)K---4,t,�
Richard Shaw
DESIGNWORKSHOP 2
Chapter 26.410
RESIDENTIAL DESIGN STANDARDS
Sections:
Sec. 26.410.010 General
Sec. 26.410.020 Procedures for review
Sec. 26.410.030 Administrative checklist
Sec. 26.410.040 Residential design standards
26.410.010. General.
A. Purpose. The purpose of the following design standards is to preserve established neighborhood
scale and character and to ensure that Aspen's streets and neighborhoods are public places conducive
to walking. The standards do not prescribe architectural style, but do require that each home, while
serving the needs of its owner, contribute to the streetscape.
Neighborhood character is largely established by the relationship between front facades of buildings
and the streets they face. By orienting buildings parallel to the street and maintaining a certain
consistency in front setback patterns, there is interaction between residents and passersby and the
built environment.
The area between the street and the front door of the home is a transition between the public realm of
the neighborhood and the private life of a dwelling. Low fences and hedges may be used to delineate
the edge of a property, but it is important not to close off views of the front lawn and house. Certain
elements of the front fagade of a house are particularly important components of neighborhood
character. Front porches provide outdoor living space and animation to the streetscape, and one-story
entryways provide an appropriate domestic scale for a private residence. Street-facing windows can
establish a hierarchy of spaces with larger, formal windows denoting public areas and smaller ones
suggesting private rooms.
Acknowledgement of the context that has been established by the existing built environment is
important to protecting the uniqueness of the City. Avoiding building materials which have no
relevance to Aspen's history or climate helps to meet this goal, as does avoiding a significant
overshadowing of small homes by larger structures.
Finally, along with creating homes which are architecturally interesting and lively, the pedestrian
nature of a neighborhood can be further enhanced by reducing conflicts between people and
automobiles and by making alleys an attractive place to walk. Parking areas are to be concentrated to
the rear or side of each residence. Secondary structures and accessory dwelling units, located along
the alleys and inspired by the tradition of outbuildings in Aspen, are encouraged.
i
B. Applicability. Except as outline below, this Section applies to all residential development in the
City requiring a building permit, except for residential development within the R-15B Zone District:
1. Only the following standards shall apply to multi-family housing: Subsection
26.410.040.A.1, Building orientation, Paragraph 26.410.040.C.1.a, Access or, if not
City of Aspen Land Use Code
Part 400—Residential Design Standards
Page 1
0 0
Wean
b) Be clearly necessary for reasons of fairness related to unusual site-specific constraints.
(Ord.No. 52-2003, § 5; Ord.No. 20-2005, § 1)
26.410.030. Administrative checklist.
The Director of Community Development shall create a checklist for use by applicants and
Community Development staff in identifying the approvals and reviews necessary for issuance of a
development order for an application that is consistent with the residential design standards.
(Ord.No. 20-2005, § 1)
26.410.040. Residential design standards.
A. Site design. The intent of these design standards is to encourage residential buildings that
address the street in a manner which creates a consistent "facade line" and defines the public and
semi-public realms. In addition, where fences or dense landscaping exist or are proposed, it is
intended that they be used to define the boundaries of private property without eliminating the
visibility of the house and front yard from the street.
I
1. Building orientation. The front facades of all principal i i
structures shall be parallel to the street. On corner lots,
both street-facing facades must be parallel to the j
intersecting streets. On curvilinear streets, the front YO& j
facade of all structures shall be parallel to the tangent of
the midpoint of the arc of the street. Parcels as outlined
in Subsection 26.410.010.B.4 shall be exempt from this
requirement.
One (1) element, such as a bay window or
dormer, placed at a front corner of the
building may be on a diagonal from the `
street if desired. ! f
2. Build-to lines. On parcels or lots of less I
than fifteen thousand (15,000) square feet, at IE
least sixty percent (60%) of the front facade ' I
shall be within five (5) feet of the minimum -- -- - - - ----- -- --
front yard setback line. On corner sites, this Y". No. Y".
standard shall be met on the frontage with
the longest block length. Porches may be used to meet the sixty percent(60%) standard.
3. Fences. Fences, hedgerows and planter boxes shall not be more than forty-two (42) inches
high, measured from natural grade, in all areas forward of the front facade of the house. Man-
made berms are prohibited in the front yard setback.
City of Aspen Land Use Code
Part 400—Residential Design Standards
Page 4
i
0
yards but shall not exceed thirty(30) inches above or below finished grade. These features
may be up to thirty (30) inches above and below finished grade simultaneously. The
Planning and Zoning Commission may consider exceptions to this requirement pursuant
to the procedures and criteria of Chapter 26.430—Special Review.
Spa��
30"
30"
Area below grade
Figure 16: 30" Calculation
o) The height and placement of energy efficiency or renewable energy production systems
and equipment which are located adjacent to or independent of a building shall be
established by the Planning and Zoning Commission pursuant to the procedures and
criteria of Chapter 26.430 — Special Review. These systems are discouraged in all yards
facing a Street. For energy production systems and equipment located on top of a
structure, see sub-section F.4.
p) Fences and hedges less than forty-two (42) inches in height, as measured from finished
grade, are permitted in all required yard setbacks. Fences and hedges up to six (6) feet in
height, as measured from finished grade, are permitted only in areas entirely recessed
behind the vertical plane established by the portion of the building facade which is closest
to the Street. This restriction applies on all Street-facing facades of a parcel. (Also see
Section 26.575.050—Supplementary Regulations for limitations on fence materials.)
72"fence
42"fence _ F height
height
Front
.._j Fagade line
Figure 17
Of house
City of Aspen Land Use Code
Part 500—Miscellaneous Regulations
Page 18
a) Merchandise must be maintained, orderly and located in front of or proximate to the
storefront related to the sales.
b) The display of merchandise shall in no way inhibit the movement of pedestrian traffic
along the public right-of-way. All merchandising shall be located on private property. A
minimum of six (6) foot ingress/egress shall be maintained for building entrances and
exits.
c) Outdoor clothing sales including, but not limited to, coats, jeans, shirts, athletic apparel,
and footwear shall be limited to a display of twelve (12) linear feet. For all other types of
merchandise, the size and amount allowed shall be under the discretion of the property
owner.
d) Umbrellas, retractable canopies, and similar devices are not permitted for outdoor
merchandising. See Section 26.304.070.F.2.
e) Merchandise shall be displayed for sale with the ability for pedestrians to view the item(s).
Outdoor areas shall not be used solely for storage.
The prohibition of storage shall be limited to merchandising on private property and shall
not apply to permitted commercial activity on an abutting right-of-way or otherwise
permitted by the City.
10. Outdoor Restaurant Seatiniz on Private Property. Private Property may be used for
commercial restaurant use if adequate pedestrian and emergency vehicle access is maintained.
Umbrellas, retractable canopies, and similar devices are permitted for commercial restaurant
uses. For outdoor food vending in the Commercial Core District, also see Paragraph
26.470.040.B.3,Administrative growth management review.
11. Design guideline compliance. The design of the public amenity shall meet the parameters of
the Commercial,Lodging and Historic District Design Objectives and Guidelines.
(Ord. No. 55-2000, §15; Ord. No. 1-2002, §16; Ord. No. 23-2004, §3; Ord. No. 2-2005, §2; Ord.No.
5,2005, §2; Ord.No. 13, 2007, §2, Ord.No. 9A, 2010 §2)
26.575.040 RESERVED
(Ord.No. 13-2005, §3; Ord.No. 50-a-2005, §6; Ord.No. 12, 2007, §§33, 34; Ord.No. 27-2010, §2)
26.575.045 Junkyards and service yards
Junkyards (See Definitions, Section 25.104.100) shall be screened from the view of other lots,
structures uses and rights-of-way. Service yards (See Definitions, Section 26.104.100) shall be
fenced so as not to be visible from the street and such fences shall be a minimum six (6) feet high
from grade. All fences shall be of sound construction and shall have not more than ten percent(10%)
open area.
26.575.050 Fences
Fences shall be permitted in every zone district,provided that no fence shall exceed six (6) feet above
natural grade or as otherwise regulated by the Residential Design Standards or the Commercial
Design Standards (see Chapters 26.410 and 26.412). Fences visible from the public right-of-way
shall be constructed of wood, stone, wrought iron or masonry. On corner lots, no fence, retaining
City of Aspen Land Use Code
Part 500—Miscellaneous Regulations
Page 31
4
wall or similar object shall be erected or maintained which obstructs the traffic vision, nor on corner
lots shall any fence, retaining wall or similar obstruction be erected or maintained which exceeds a
height of forty-two (42) inches, measured from street grade, within thirty (30) feet from the paved or
unpaved roadway. Plans showing proposed construction, material, location and height shall be
presented to the Building Inspector before a building permit for a fence is issued. Additionally,
foliage shall be placed and maintained so that it will not obstruct vehicular visibility at intersections.
(Ord.No. 55-2000, §16; Ord.No. 12, 2007, §35)
26.575.060 Utility/trash/recycle service areas
A. General. The following provisions shall apply to all utility/trash/recycle service areas:
1. If the property adjoins an alleyway, the utility/trash/recycle service area shall be along and
accessed from the alleyway. Unless entirely located on an alleyway, all utility/trash/recycle
service areas shall be fenced so as not to be visible from the street, and such fences shall be
six (6) feet high from grade. All fences shall be of sound construction and shall be no less
than ninety percent(90%) opaque.
2. Whenever this Title shall require that a utility/trash/recycle service area be provided abutting
an alley, buildings may extend to the rear property line if otherwise allowed by this Title,
provided that an open area is provided which shall be accessible to the alley and which meets
the dimensional requirements of this Section.
3. A minimum of twenty(20) linear feet of the utility/trash/recycle service area shall be reserved
for box storage, utility transformers or equipment, building access and trash and recycling
facilities. For properties with thirty (30) feet or less of alley frontage, this requirement shall
be fifteen (15) linear feet. For properties with no alley access, no requirement shall apply.
The required area shall have a minimum vertical clearance of ten (10) feet and a minimum
depth of ten(10) feet at ground level. The required area shall not be used for required parking
or as vehicular access to a parking area.
2. The Planning and Zoning Commission may reduce the required dimensions of this area by
special review (see Chapter 26.430) and in accordance with the standards set forth below at
Subsection 26.575.060.B.
B. Review standards for reduction of dimensions. The Planning and Zoning Commission may
reduce the dimensions of a utility/trash/recycle service area by following special review procedures
set forth at Chapter 26.430 if:
1. There is a demonstration that, given the nature of the potential uses of the building and its
total square footage, the utility/trash/recycle service area proposed to be provided will be
adequate.
2. Access to the utility/trash/recycle service area is adequate.
3. Measures are provided for enclosing trash bins and making them easily movable by trash
personnel.
City of Aspen Land Use Code
Part 500—Miscellaneous Regulations
Page 32
Memorandum
Design NN urk;lucic. Inc.
I.,incl.;rnIw Arrhiwc my To: Jennifer Phelan
130 S.Galena Street
l rinni I)c;i_n Aspen, Colorado 81611
(970)429-2759
5i I<ilc•_ic tic.rvints jennifer.phelan @ cityofaspen.com
From: Richard Shaw
i
Date: January 31, 2012
Project Name: 855 Roaring Fork Road
Project#: 4853
Subject: Appeal of determination by administrative
hearing officer, regarding proposed fence
Copy To: Tracy Nelson,Julie Maple, Michael Tunte,
Helen Mellick, Gary Krill
Appeal of Determination by Administrative Hearing Officer
Regarding the proposed fence at 855 Roaring Fork Road, Section 26.410 and Section 26.575
Dear Ms. Phelan,
On October 30, 2012, Gary Krill from Schlumber construction received a response from Jim Pomeroy
regarding a proposed fence drawings indicating that the proposed fence did not comply with section
26.575.020 of the code.
We have reviewed the code and the three sections that are applicable to fences are Section 26.410,
Section 26.575.020, and Section 26.575.050 (highlighted sections of the code enclosed). We believe
there are valid reasons why an appeal of determination is valid.
Beginning with the Residential Design Standards 26.410, (Part 400, Page 1), the intention of providing
standards for the front yard and front fagade of a house is established. There is specific mention of the
area between the street and the front door of the home, as a transition between the public realm of the
neighborhood and the private life of the dwelling. The definition of a front yard is—"The yard extending
the full width of a lot or parcel, the depth of which is measured by the narrowest horizontal distance
between the front lot line and the nearest surface of the principal building at grade", from the city code.
On Part 400, Page 4, under site design it states that the intention of the standards is to not eliminate
visibility of the front yard from the street. Part 400, Page 4, number 3, specifically cites areas forward of
the front fagade of the house as having to comply with the 42" height limitation. We believe the
Residential Design Standards establish a 42" height limit for those areas forward of the front fagade.
i
DESIGNWORKSHOP
i
Section 26.575.020, page 18, item P, also captures these intentions but the precise wording could not
have anticipated that, infrequently, there would be a street at the front and back of the lot (only 3 lots
in the city), so that the language for facing a street would count toward a normal lot or a corner lot. The
front yard nature of the intent is therefore in conflict with this section. Figure 17 demonstrates the
front yard intention and its relation to the front fagade line of the house. Section 26.575.050 establishes
that there should be no visual obstruction for traffic at a corner lot, which is a two sided street frontage
lot.
The eastern side yard currently has a 6' height fence and we believe replacing it and continuing the 6'
fence along the backyard is in compliance with the code and neighborhood character. The result of the
code section in question being applied to this unique parcel configuration has created a hardship so that
the parcel effectively has no backyard, prohibiting the owner the possibility of privacy and security,
including security for an existing swimming pool. The appeal of determination is necessary to prevent
the denial of a backyard and consistent with the neighborhood.
Best regards,
A, vv,
Richard Shaw
i
I
i
i
DESIGNWORKSHOP 2
City of Aspen
130 South Galena Street Aspen,Colorado General/Building Permit Application
Job c- S, Asr N Phone(970) 920-5090 Fax(970)920-5440 81611
bbq�h ess_
S,S _f� PERMIT NO.
Legal Description Lot Block Tract or Subdivision
Best Contact Name/Phone/Cell Phone/E-mail Pea-r�cel ID(�a11 92 0-5160)
Own �Q_. . y2
e� 6- ', /
Address,D ElCo- 0,4: C j
I� 1 `2 Phone
Own e' Authorized Agent f tom-{ •.T t� �. E-mail
Phone No.
l c Aternate Phone No.
General Contractor I 'S L �� E-mail
L,vy , Phone No
cb- ct ' .� h -
i.l E-mail
~ I 1 License No.
� t Phone No, Alternate Phone No. t
Descri on of work: E-mai
L
Use of Building; `
ingie Family ❑Multi-Family
class of work: ❑Commercial/Residential ❑Commercial
New ❑Addition ❑Other
valua a r�Alteration ❑Repair ❑Move
:�D Existing sq.Ft.of unit: ❑Tenant Finish ❑Demo
Sq.R.This Permit: �(]��
.Food Service In this Building?
NOTICE;Separate permits are requfredfor electrical,plumbing or mechanical work. This
construction or work is suspended or abandoned fora Permit becomes nu11 and void if work or construction authorized is not comm El yes
within 1 O n or if
I hereby certify herein that t have read and examinee this application f nd knowathe same to bertrue and correct-AN provisions of laws and ordinances governing this
Wiled herein or not. The granting of a permit does not presume to give authority to violate co cancel the prisons s of any other state or oxen law regulating
onstructbn.
It's my responsibility to review the a g type of work uct be of the compiled with ante a
approved plans and any Comments that are contained thereon and see that the structure and/or project Is built hi compliance with all applicable codes.
USE TAX; The General Contractor or Owner Builder Is required to pay a Use Tax Deposit to both the City of Aspen(2.1%,first$100,000 is exempt)and Pit in �construction or the performance o
Contra t the,Ime of Issuance.AI sub-permits pulled under a building permit are paid by this de deposit Contractor ature P payment and Should not pay use tax. County(0.59L,no exemption)on the buildin
, ,:L Prl Name
Owa r gn re U Q r/Builder) .L Date
I Print Nam
Two sets of 24"x 36"drawings and one set of 11"x 17"drawings,drawn to scale,must accompany this a fic Date
Permit Type: BD CO DE FD FN pp anon.
Census Code Occupancy load M� M$ RF SN PLANS LOCATION#
OcwpanIV oup Lot Area
Z e tiffs Ict Deed Restricted No.of Stories No.of Dwellings Type of Construction:
Afar 5 tem Req. '.r
yes Flre S�rfnkler Req.
❑no 1 l ❑� Historic Property?
Size of Building(Total U yeS ]yes Certificate of gppro 'at
N(Sq.F1.) No,Of Park ng Spates O no El yes Presubmittal by:
covered: No.Bedrooms added: �n0 _
uncovered: No.Bathrooms added:
APPROVALS Date:
Authorized by: Date
FEES
Doing_ . Cost FEE$ Cost Application Accepted by:
HPC BUILDING FEES ZONING FEES
Date:
Aspen San.Dist.
Engineering G.LS• an Che k by.
City Use Tax
Env.Health Housing Cas4- Aeu Date:
County Use Tax
Parks - Park impact Approved for issuance by:
Code
Energy
Water �- Ped.gme
Sanitation nttyFee Date:
Eng.Sys.Dev. School Ded. Issued bY;
- Permit Fee
CMP' TDM Impact bate:
Plan Check
Fire District Zoning THIS I S A PERMIT ONLY
Other
REMP Other WHEN VALIDATED,WORK
---
STARTED WITHOUT PERMIT
RECEIPTS, water Tap Other WILL BE
DOUBLE FEE.
PLEASE CALL IN INSPECTION TO(970)920-5448
THE CrrY or AsrEts CITY OF ASPEN
FENCE PERMIT APPLICATION CHECKLIST
NOTE: This is a general list of required information. More information may be required
as each project is individually evaluated. When such a request is made,the application
can progress only after the necessary information is received.
❑ Permit application form(including legal description and parcel ID number)
❑ Two(2)original,recent(no more than one year old) "Improvement Surveys"with
the original wet stamp and original signature of the surveyor. The survey must
include:
+ Topography at 2' contour intervals
+ All easements and rights-of-way
+ Site vicinity map
+ All existing structures and improvements
+ Locations of all trees,trunk diameters(measured four and one-half feet
above grade),and species. NOTE: If trees will be moved, Parks
Department approval and a permit are required.
❑ Two(2)copies of the survey with the proposed fence delineated.
NOTE: Do not delineate the proposed fence on the original surveys!
❑ Two(2)elevation drawings of a fence section showing design,dimensions,and
materials
❑ One(1) set of plans reduced to I I"x 17"
❑ Is the site listed on the"Inventory of Historic Sites and Structures"? P",�ti
(Check with the Historic Preservation Officer at 429-2758)
OWNER �X144 DATE �'1- 20 (-.
JOB ADDRESSc^
PARCEL I.D. NUMBER(applicant to provide) 7 ., I
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