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Land Use Case.100 E Francis St.0073.2012.ASLU
THE CITY OF .ASPEN City of Aspen Community Development Department CASE NUMBER 0073.2012.ASLU PARCEL ID NUMBERS 273512419851 PROJECTS ADDRESS 100 E FRANCIS ST PLANNER SARA NADONLY CASE DESCRIPTION RES. DESIGN STANDARDS REPRESENTATIVE HAAS LAND PLANNING DATE OF FINAL ACTION 11/30/12 CLOSED BY ANGELA SCOREY ON: 7/2/13 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: (�)IyO i jkF-e,51—L Aspen, CO dK) 3 y30 STATE OF COLORADO ) ss. County of Pitkin ) (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) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: V Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official Paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. n Si a e �_ fh The foregoing "Affidavit of Notice"was acknowledged before me this day of QLla 4 a0 , 20 i Z, by �JA(-1� ALI-A) A, 9A A- WITNESS MY HAND AND OFFICIAL SEAL My commission expires: v1. m• Notary Public .g�m�Qro�oroaw Q¢¢Q��amo.ti.��myc h Q¢m¢�U.ya y�Q'a°'rom•rya o a+°�yz\z y`tr°iro • 4 o,om a;mam mo,�cmc.y..�uro 3.ym¢a ATTACHMENTS: THE PUBLICATION �olymm�o rca�.�s'o �mc c y m^"mcmmdao-=�, sz�,mJo��c��a.g m ��moc rryo3�U°Q�1�a�j� '�hac�omm�o�cro`o.yao�°am�ti°�o`�maQ`o`m a .ymme°,yozoyo�o� °Q°`: m.c°'.cyodo^my =o`.�m¢om ti°�mryvaa,.`:CP�c°a^m om��,o¢`o,,Dr�m-Q o`Fy.y o3 cro.oao ti�'rymr„•$m m�mmro"�m��lam�o-c`am�a�o.°yro mroy�u�m���,w m`mc m mmgam1°z M• w °joro 4 i.v`34Qo z 00y3NccQQ o�C° Q om 3cC-N.m�cy ao�r=m m \m`"mm�° m m °3y° m� U ' m�rn mo com c o��u�o.,.dm�o maro ,� mm.m Dior m oar Qo3�`"�0 m o ¢°C9oyomr.,.ro¢o�0�U 323rn 2mmn ai 2mmo¢,°o�m.5ty�oa mi'.c 3°mm Q1rm ma m�S� F �Q o co ,.o menm� o¢cro awry mra om=ty...oac�o oSomm`mc`Oa`,�a c�m4y � ^'��mmo^hm^maa°°'da'n��o"�°magi'°amfi_��'oo'Smam°��3�oP o DEVELOPMENT ORDER City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site-specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three (3) -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless the change is accomplished or a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site-specific development plan as described below. Property Owner's Name,Mailing Address and telephone number: JAMMB, LLC—601 E. Hyman Ave,Aspen, CO 81611 Legal Description and Street Address of Subject Property: 100 E. Francis St, legally described a parcel of land known as the Given Parcel being described at Reception#499350 together with a parcel being described at Reception#405579 in the records of the Clerk and Recorder of Pitkin County, all being in the City of Aspen being more particularly described as all of Block 63, part of Francis Street and part of Center Street as shown on the City and Townsite of Aspen Map; a portion of the NW '/ SW '/ of Section 7, T. 10 S., R. 84 W. and a portion of the NE '/ SE '/ of Section 12, T.10 S., R. 85 W. all in the 6"' P.M.; Beginning at a point on the north line of said Francis Street and 24.00 feet easterly of the west line of said Center Street also known as Garmisch Street, from which the East '/ corner of said Section 7 bears N08 Degrees 54'19" E a distance of 926.25 feet, with all bearings being relative to N14 degrees 50'49"E along the centerline of Garmische St; thence N14 degrees 50'49"E a distance of 121.59 feet' thence N33 degrees 03'19"E a distance of 42.12 feet' thence 07 degrees 19'05"E a distance of 112.35 feet; thence S70 degrees 18'15" E a distance of 239.94 to the southwest corner of the vacated parcel described at Reception #405579 (Ordinance No. 13, Series of 1997, City of Aspen); N902 degrees 00'0" W a distance 18.56 feet; thence S72 degrees 18'08" E a distance of 44.16 feet; thence S79 degrees 11'00" E a distance of 7.90 feet; that a parcel of land described at said Reception #499350; thence S06 degrees 18'51" W a distance of 103.11 feet; thence S18 degrees 12'00" W a distance of 108.73 feet; thence S09 degrees 25'21" E a distance of 52.10 feet; thence S23 degrees 21'00" E a distance of 83.49 feet to southerly line of Francis Street extended easterly; thence N75 degrees 09'11" W along the north line of Block 64, City and Townsite of Aspen, a distance of 288.99 feet to the northwest corner of said Block 64; thence N30 degrees 59'37"W a distance of 107.34 feet to the point of beginning, Pitkin County, State of Colorado. Written Description of the Site Specific Plan and/or Attachment Describing Plan: The Applicant has proposed to develop the subject property with two single family residential units. The Applicant has been granted two instances of administrative variance from Land Use Code Section 26.410.040 (D)(3)(a) Windows. This Residential Design Standard does not permit any street facing window to span through the area between 9' and 12', where a second floor level would typically exist. The Applicant has been granted one variance of this Residential Design Standard for the primary residence, and one Residential Design Standard for the secondary 1 residence. The specific areas that have been approved for these variance requests are exclusive to that found on Exhibit A, attached. Land Use Approval Received and Dates: November 27, 2012 Effective Date of Development Order: December 6, 2012 Expiration Date of Development Order: December 6, 2015. (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued t is 27th day of No3zember,by the City of Aspen Community Development Director. Chris Bendon Community Development Director City of Aspen Attachments: Exhibit A— 1 &A—2—Areas of Variance Approval 2 Page 1 of 1 111111111111111111111111111111 IN Pitkin County Transaction Print Date: Janice K. Vos Caudill #: 46937 11/30/2012 3:37:43 Clerk and Recorder Receipt #: 201207697 PM 530 East Main Street Cashier Date: 11/30/2012 Aspen, CO 81611 3:37:40 PM (JHAAS) (970) 429-2707 www.PitkinClerk.org CLIstomer Information Transaction Information Payment Summary - - - - DateRoceived:- 11/30/2012 - Source Code: Over the Counter (ASPCIT) ASPEN CITY OF Q Code: Over the Total Fees $41.00 ATTN CITY CLERK Counter Over the Total Return Code: Over r Payments $41.00 Trans Type: RECORDING Agent Ref Num: 1 Payments ,p CIIF,C'K 5580 $41.00 1 Recorded Items BKPG: 0/0 Reception:594345 -(APP9:0' ALJ—APPROVAI- Date:I1 13012012 3:37:39 PM ANY TYPE From: To: Recording @ $11 for 1 pg and $5 for 2 or 7 $41.00 more pgs $1 Surcharge 0 Search Items 0 Miscellaneous Items file://C:\Program Files\RecordingModule\default.htm 11/30/2012 NOTICE OF APPROVAL For Two Residential Design Standard Variances at 100 E. Francis Street Parcel ID No. 2735-124-19-851 APPLICANT: JAMMB, LLC REPRESENTATIVE: Mitch Haas - Haas Land Planning, LLC SUBJECT & SITE OF AMENDMENT: The Applicant is requesting three Residential Design Standard Variances for the property commonly known as 100 E. Francis St. (lengthy legal description attached as Exhibit A), related to the redevelopment of the subject parcel with two single-family residential units. All three variance requests are related the same Residential Design Standard regarding window -span, discussed below. SUMMARY: The Applicant has requested three Residential Design Standard Variances related to three different window locations - two on the primary residence and one on the secondary residence. The Applicant has requested these variances to permit three separate street- facing windows to span through the area between nine (9) and twelve (12) feet above the finished floor. A request for these Residential Design Standard Variances are required due to the language in City of Aspen Land Use Code, Section 26.410.040 (D)(3)(a), Residential Design Standards, Windows: "Street facing windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and twelve (12) feet above the finished first floor. For interior staircases, this measurement will be made from the first landing if one exists. A transom window above the main entry is exempt from this standard. " 100 E. Francis is a lot with two street frontages - Garmisch St. (as it extends north as a public right-of-way, but is not a paved street) on the property's western edge, and Francis St., which extends along the property's southern edge as a bicycle/pedestrian pathway. This standard applies to all street-facing facades of the both proposed residential structures. In order to obtain a variance, the Applicant must meet one of two criterion per Section 26.410.020 (D) Variances of the Land Use Code: 1) Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. RECEPTION#: 594345, 11/30/2012 at 03:37:39 PM, 1 1 OF 7, R $41.00 Doc Code APPROVAL Janice K.Vos Caudill, Pitkin County, CO 2) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. i STAFF EVALUATION: Staff supports two of the three proposed variance requests for the development at 100 E. Francis St., and finds that these two requests meet the criterion for Residential Design Variance, as per Section 410.020 (D)(1) of the Land Use Code. These variances are as follows: 1) Primary Residence: The Applicant has requested a variance from the aforementioned Residential Design Standard to permit windows at the location, designated as No. 1 in Figure A below, that will span 9'-12' from the ground level. Staff feels that a variance from the Residential Design Standard for the glazing requirements at this location provides an architectural enhancement of a portion of the building that has been designed to benefit from full extent of glass. This is a one-story element of the building, and does not appear to represent two stories. Furthermore, this area is set back nearly eighty feet (80') from the Francis St. property line, and therefore has limited exposure to the public way as the structure is experienced from the Francis St. right-of-way. Staff finds application to meet criterion no. 1 for a variance at this location. I , pp ^'` � � `•.ten•;� �'� ;% " j 17�'Sp FT _ \r fGRQSS�� -- ` RSrsroRv 1 150 d (G RoSSY41' - �� - mcnowq, ART 2c - SECTION'C' PART2e Figure A: Site plan depicting area on the primary residence of the first and second Residential Design Variance requests. i i i 2 2) Primary Residence: The Applicant has requested a variance from the aforementioned Residential Design Standard to permit windows at the location designated as No. 2 in Figure A above that will span 9'-12' from the ground level. Staff does not support a variance request for this location. Rather than a single window that serves as an architectural feature, this area contains multiple windows that span an entire length of wall. The building at this location can be perceived to be a two-story structure with windows spanning between the floors. Staff does not find that the architecture in this location of the building to be impaired by following the Residential Design Standard, and does not feel that the application meets either variance criterion at this location. 3) Secondary Residence: The Applicant has requested a variance from the aforementioned Residential Design Standard to permit windows at the location, designated as No. 3 in Figure B below, that will span 9'-12' from the ground j level. Staff feels that this request meets the criterion in a number of ways. This area complements the architecture found on the primary residence at the location of the first variance request, therefore providing a similar architectural vernacular within the proposed buildings on the site. Permitting glazing between the areas of 9'-12' here provides an architectural enhancement of this portion of the building that has been designed to benefit from full extent of glass. This is a one-story element of the building, and does not appear to represent two stories. Furthermore, the secondary residence is set back significantly from the Francis St. property line by approximately 220'. Although the Garmisch St. right-of-way borders the western portion of the property, this is an atypical public way, in that it exists primarily as a requirement of the City's Fire Protection District to access the back portion of this and the neighboring parcel. This is an unpaved right-of- way that extends from the intersection of Francis and Garmisch Streets, and is not a through street. Thus, this building has virtually no exposure to the public way. Staff finds that the Applicant has met the criterion no. 1 for requesting a variance from the applicable Residential Design Standard at this location. 77 X-V i 1 � r T � I - A- R ESfC3ENCE 2 V31 _ n ►ifs� 0 J \ {3 1 } Figure B: Site plan depicting area on the secondary residence of third Residential Design Variance request. 3 DECISION: The Community Development Director finds two of the requested variances (designated as No. 1 in Figure A, above, and No. 3 in Figure B, above) from this Residential Design Standard to permit windows to span between 9' and 12', as measured from the finished floor, to be consistent with the review criteria (Exhibit C) and thereby, APPROVES the variances as specified below. The Community Development Director finds one of the requests for a variance from this Residential Design Standard to be inconsistent with the review criteria for this type of request, and denies approval at this location (designated as No. 2 in Figure A, above). The approved variances to 100 E. Francis St. allows for the construction of two areas of window at the locations depicted as areas No. 1 on Figure A, above, and No. 3 on Figure B, above, to span between 9' and 12' as measured from finished grade. APPROVED BY: Chris Bendon Date Community Development Director Attachments: Exhibit A—Legal Description Exhibit B—Site Plan & Elevations Exhibit C—Review Standards Exhibit D—Application I i t i i i 4 Exhibit A Legal Description of Subject Site I i A parcel of land-known as the Given Parcel being described at Reception #499350 togetlier with a parcel being described at Reception#405579 in the records of the Clerk and Recorder'of Pitkin County, all being in the City of Aspen being more particularly described as follows: i A11 of Block 63,part of Francis Street and part of Center Street as shown on the City and Townsite of Aspen Map; a portion of the NWI/4SW1/4 of Section 7, T. 10 S,,R. 84 W. and a portion of the NEI 14SEI/4 of Section 12, T.10 S., R. 85 W. all in the 6th P.M.; Beginning at a point on the north Iine of said Francis Street and 24.00 feet easterly of the west line of said Center Street also known as Garmisch Street, Rom which the Bast 1/4 corner of said Section 7 bears N08 DEGREES 54'19"E a distance of 926.25 feet, with all bearings being relative to N14 DEGREES 50'49"E along the centerline of Garadseh Street; thence N14 DEGREES 50'49"E a distance of 121.59 feet; thence N33 DEGREES 03'19"E a distance of 42.21. feet; thence N07 DEGREES 19'05"E a distance of 112.35 feet; thence S70 DEGREES 18'157 a distance of 239.94 to the southwest corner of the vacated parcel described at Reception#405579 (Ordinance#f13,Series of 1997, City of Aspen); thence along the boundary of said vacated parcel the.following four(4) courses NO2 DEGREES 00'00"W a distance 18.56 feet;thence S72 DEGREES 18'08"E a distance of 44,16 feet; thence S79 DEGREES IVOO"E a distance of 7.90 feet; thence S15 DEGREES 15'22"W a distance of 20.06 feet to the northeast corner of Hutt parcel of land described at said Reception#499350; thence S06 DEGREES 18'51"W a distance of 103.11 feet;thence S18 DEGREES 12'00"W a distance of 108.73 feet; thence S09 DEGREES 25'21"E a distance of 52.10 feet; thence S23 DEGREES 21'00"E a distance of 83.49 feet to southerly line of Francis Street. extended easterly; Thence N75 DEGREES 09'11"W along the north line of Block 64, City and Townsite of Aspen, a distance of 288.99 feet to the northwest corner of said Block 64; thence N30 DEGREES 59'37"W a distance of 107.34 feet to the point of beginning. i County of Pitkin, State of Colorado. I i I 1 t / 'Ua3dOad v W / o i r f UI yr r 9t �� 4 �I h (S r 11 r /! w / K i ❑ I OD Ilk 1¢i -a�r!` �`�� T�Li,T!-G:7;O a1S HJS/ry / cl4 I ! % l RES,�R IREC�H�ARrM,� Exhibit B-2 ENTRrp0.�R gRpPORCH STREET.F IG Pa���o.�„,Rar,� STREE<.RAC—PRRIE.PAL�,R�� Building Elevations FIRST ORr=LERmT g Areas granted variance in — - - yellow. I i i i I - i r � i Ij J RESIDE NCE 1:STREET ELEVATION-50 H 1 w UT mvwm EMTRT VORCR n �F- I 1:STREET ELEVATION-SOUTHWEST v�..,o n RESIDENCE 1:STREET ELEVATION-WEST DpppiRr ENTRY PORCH STREETEACMG PRINCIPAL NnRDairs [FIRST ST-1 E1uET.T I! RESIDENCE 2 STREET ELEVATION-SOUTH OO yue.I!!% RESIDENCE 2 SIDE ELEVATION WEST HAAS LAND PLANNINGs LLC October 23, 2012 Chris Bendon, Community Development Director Sara Nadolny, Planning Technician Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: Residential Design Standards Approval and Variance Requests for 100 East Francis Street,Aspen (Parcel ID #2735-124-19-851) Dear Chris and Sara: Please consider this letter and accompanying plan set to constitute a formal request for Residential Design Standards approval, including three administrative variances from two of the standards for the property located at 100 East Francis Street. This 2+ acre, vacant property is situated on the edge of the West End neighborhood and in Aspen's R-6 Zone District. The application is submitted by JAMMB, LLC (owner and hereinafter "applicant," see proof of ownership, Exhibit 1)pursuant to Chapter 26.410, Residential Design Standards of the Aspen Land Use Code (the "Code"). The City's Land Use Application and Dimensional Requirements Forms are attached hereto as Exhibit 2. Authorization for Haas Land Planning, LLC and Jeffrey Berkus Architects to represent the applicant is attached as Exhibit 3. A Pre-Application Conference summary is attached hereto as Exhibit 4. An executed application fee agreement is attached as Exhibit 5. The applicant's representatives have already met with staff from the Community Development Department on several occasions to discuss the proposed development of two homes on the property. Based on these meetings and the plans presented, staff determined that other than the three administrative variances requested herein, compliance with all of the other Residential Design Standards has been sufficiently demonstrated for each of the residences. Additionally, staff has agreed that all street- facing porches are exempt from floor area calculations. (See the plan set accompanying this letter for a complete picture of the proposed development.) As mentioned above, the proposed development complies with all but two of the Residential Design Standards as summarized below. • 201 N. MILL STREET, SUITE 108 ASPEN, COLORADO • 8161 1 • PHONE: (970) 925-7819 FAX: (970) 925-7395 October 23, 2012 Page 2 100 East Francis-RDS Application A. Site Design 1. Building Orientation: The front facade of each residence is parallel to the streets, with the primary street being the Francis Street bike path right-of-way. In addition, a front porch element on Residence 1 has been designed to be parallel to the tangent of the midpoint of the arc of the Francis and Garmisch Streets intersection. 2. Build-to Lines: This standard is not applicable since the lot has an area of greater than 15,000 square feet. 3. Fences: This standard is not applicable as there are no new fences proposed. B. Building Form 1. Secondary Mass: Residence 1 complies since its garage structure provides a secondary mass linked to the principal building by an adequately dimensioned subordinate linking element (breezeway), and the garage structure includes more than 10% of the residence's total above grade square footage. Residence 2 has primary and secondary masses connected by a subordinate linking element that meets the spirit of the standard but does not meet the dimensional requirements; this is the first variance requested and detailed below. C. Parking, Garages and Carports 1. This standard is not applicable as alley access is not available, nor is the property accessed by means of a private road. 2. The property's only access is from a public street,therefore: a. Both residences comply. The width of the living area on the first floor of Residence 1's street-facing facade is significantly more than 5 feet greater than the width of its garage. The Residence 2 structure does not include an attached garage. b. Since the lot is more than 15,000 square feet, the garage has been designed to comply with subsection(c)below. c. The lot is greater than 15,000 square feet and its garage is forward of the Residence 1 front facade but the garage door is sited perpendicular to the street (side-loaded), thereby providing for compliance with this standard. Again,the Residence 2 structure does not include an attached garage. d. The garage finished floor level will be set based on appropriate engineering and grading but, in any event, will comply with the Residential Design Standards by being less than two feet above natural grade. There is no driveway cut in the front yard setback area. t October 23, 2012 100 East Francis-RDS Application Page 3 e. The Residence 1 garage structure's vehicle entrance width is less than 24 feet; therefore,this standard has been complied with. f. The garage door is less than 24 feet in width and is designed to appear like two single-stall doors. Since the garage doors are perpendicular to the street, they are visible only at limited vantage points and angles. A Building Elements 1. Street-oriented entrances and principal window: a. Residence 1 complies with this standard as the entry door faces the street (parallel to the tangent of the midpoint of the arc of the Francis and Garmisch Streets intersection), it is not more than ten feet (10') back from the front-most wall of the building and the door is eight feet (8') tall. Residence 2 likewise complies as its entry door faces Francis Street(the bike path), it is on the front- most wall of the building and the door is eight feet(8')tall. b. Both residences comply with this standard: both have a covered entry porch that is more than fifty (50) square feet in area, at least six feet (6') deep, and not more than one story in height. c. Both residences comply with this standard as each has at least one group of principal windows facing the street. 2. First Story Element: Residence 1 satisfies this standard with a breezeway/porch that has a plate height of just 9 feet and that spans approximately 42'-4" of the residence's approximately 152'-6" overall width (this equates to approximately 27.7% of the building's overall width). The breezeway meets the standard by being at least 6 feet deep, does not include interior living space, and there is no accessible space over/above the breezeway/porch. Residence 2 also satisfies this standard with two (2) first story elements: the one-story wing on its east side and the front entry porch at its southwest corner. The one-story eastern wing is approximately 10'-4" wide while the width of the entire residence is approximately 30'-9" (the first story element therefore equates to approximately 33% of the building's overall width). The one-story eastern wing is approximately 21'-11" deep and the plate height is less than 10 feet. 3. Windows: a. Both residences have street-facing windows that span into the area that sits between 9 and 12 feet above the finished first floor. This accounts for two of the three variances requested herein (one for each structure). These variance requests are discussed in detail below. b. Neither residence has any non-orthagonal windows, thereby satisfying this standard. , J October 23, 2012 100 East Francis-RDS Application Page 4 4. Lightwells: Both residences comply with this standard as all areaways, lightwells and/or stairwells on street-facing facades are entirely recessed behind the front- most wall of the associated structure. E. Context 1. Materials: a. Both residences satisfy this standard as materials are of the highest quality and are being consistently employed on all sides of the buildings. b. All materials are being used in ways that are true to their characteristics. c. No highly reflective surfaces are being used as exterior materials. 2. Inflection: This standard is not applicable as no one-story buildings exist directly adjacent to the subject property. Variance Requests With regard to Variances from the City of Aspen's Residential Design Standards (the "RDS"), the Land Use Code provides at Section 26.410.020(D)(1)that an applicant, ...may seek an administrative variance for not more than three (3) of the individual requirements. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the Community Development Director shall find that the variances, if granted, would: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the director may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the director feels is necessary to determine if the exception is warranted; or, b. Be clearly necessary for reasons of fairness related to unusual site- specific constraints. In the current case, the applicant is requesting variances from the following Residential Design Standards: Building Form standard relating to the linking element requirement (26.410.040(B)(1)) for Residence Number Two, and the Building Elements standard relating to window heights (26.410.040(D)(3)) for both of the proposed residences. These standards are enumerated below in italicized text and each is followed by a response demonstrating why granting of the requested variance is appropriate. October 23, 2012 100 East Francis-RDS Application Page 5 B. Building form. The intent of the following building form standards is to respect the scale of Aspen's historical homes by creating new homes which are more similar in their massing, by promoting the development of accessory units off of the City alleys and by preserving solar access. 1. Secondary mass. All new single-family and duplex structures shall locate at least ten percent (10%) of their total square footage above grade in a mass which is completely detached from the principal building or linked to it by a subordinate linking element. This standard shall only apply to parcels within the Aspen infill area pursuant to Subsection 26.410.O10.B.2. Accessory buildings such as garages, sheds and accessory dwelling units are examples of appropriate uses for the secondary mass. A subordinate linking element for the purposes of linking a primary and secondary mass shall be at least ten (10)feet in length, not more than ten (10) feet in width, and with a plate height of not more than nine (9)feet. Accessible outdoor space over the linking element (e.g. a deck) is permitted but may not be covered or enclosed. Any railing for an accessible outdoor space over a linking element must be the minimum reasonably necessary to provide adequate safety and building code compliance and the railing must be 50% or more transparent. Residence 2 has primary and secondary masses connected by a linking element, but the linking element has a plate height of 9'-6" and does not meet the 10'minimum length nor the 10' maximum width. The structure's design and its linking element are fully consistent with the spirit of the standard. The linking element is in proportion to the size of the residence. The building is sited at an area of previous disturbance that allows for maintenance of existing "heritage" trees. If the linking element were made to be ten feet in length, the two masses that are being linked together would need to be spread out to the point where the heritage trees on both sides would have to be impacted. These heritage trees and the ability to make use of previous site disturbances both represent unusual site-specific constraints. Additionally, Residence 2 itself gives the appearance of being a secondary mass to Residence 1, much like an accessory structure would, and thereby serves to forward the purpose and intent of this standard. Residence 2,with the linking element proposed,provides an appropriate design or pattern of development when considering the immediate neighborhood setting and lack of adjacent structures. Also with regard to the site's context, there are no historical homes in such proximity as to make possible any adverse impacts or inconsistencies with their scale. October 23, 2012 100 East Francis-RDS Application Page 6 3. Windows. a. Street facing windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and twelve feet (12) above the finished first floor. For interior staircases, this measurement will be made from the first landing if one exists. A transom window above the main entry is exempt from this standard. The "Windows" standard is part of the "Building Elements" requirements of the RDS. The purpose of the building element standards is "to ensure that each residential building has street facing architectural details and elements, which provide human scale to the faVade, enhance the walking experience and reinforce local building traditions." Although there are windows that span into the area between 9' and 12' above the finished first floor of both residences, it is clear that each such case of these windows is located in single-story areas that simply have extra volume but no second story above. In no case do these windows give the appearance of spanning through the area where a second floor level would typically exist. Not only in every case is it clear that the windows do not span into a second story, but in no place on either residence does an unbroken two-story volume exist. The entire house has been oriented to maximize solar gain and the expanses of glazing are similarly aimed at achieving this goal without diminishing the human scale of the architecture. Furthermore, the fenestration design and layout is wholly consistent with the style of architecture, which reinforces post-war local building traditions, and provides an appropriate pattern of development considering the site's relatively unique and isolated nature/context (there really are no adjacent structures). The walking experience along the Francis Street bike path will be enhanced with development of the proposed residences irrespective of the fact that windows will span into the area between 9 and 12 feet above the finished first floors. Furthermore, many of these windows spanning into the regulated zone do not technically "face" the street. For example, those on the south face of the Residence 1 structure are set some 65 to 140 feet back from the property line adjoining the Francis Street bike path, behind a veritable forest of very large "heritage" trees that almost completely obscure their visibility. All remaining groupings of windows that require this variance are so far back from the property line, are broken up with intervening solid materials, and/or are obscured by the proposed breezeway as to render the intent of this standard virtually moot. Finally, the windows on the garage structure span through the 9-12 foot zone but serve to forward the goals of other Residential Design Standards by eliminating the appearance of the structure as a garage, as demonstrated on the accompanying elevations. None of the proposed windows that span into the 9-12 foot zone are contrary to the spirit of this standard and the design creatively and appropriately addresses the unique setting of this property. October 23, 2012 100 East Francis-RDS Application Page 7 In summary, the proposed development complies with the spirit and the intent of the linking element and windows standards, as well as with the letter of every other RDS. All of the Site Design standards are met (building orientation, build-to lines, and fences), as are the Parking, Garages and Carports standards and the Context standards. All of the Building Elements standards other than the height of the windows are likewise met (street-oriented entrance and principal window, first story element, and lightwells). The foregoing narratives coupled with the accompanying plans demonstrate that the limited extent of the requested variances are justified by the context in which the development is proposed, constraints specific to the site, and the proposed design's continued ability to promote the purposes of the particular standards. It is requested that the Community Development Director (Chris) please sign in the provided space below to indicate Residential Design Standards approval, including the three administrative variances requested herein, for the accompanying plans. If you should have any questions, or if I can be of further assistance, please do not hesitate to contact me. Yours truly, Haas Land Planning,LLC Mitch Haas Owner/Manager APPROVED: My signature below, as the City of Aspen Community Development Director, represents the grant of Residential Design Standards approval, including the three administrative variances requested herein, for the accompanying plans relative to proposed Residences 1 and 2 on the 100 East Francis Street property (Parcel ID # 2735-124-19-851) pursuant to Section 26.410.020 of the Aspen Land Use Code. Chris Bendon,Aspen Community Development Director Date Exhibits: 1. Proof of Ownership 2. Land Use Application and Dimensional Requirements Form 3. Authorization Letter 4. Pre-Application Conference Summary 5. Fee Agreement Attachments: Plans and Elevations from Jeffrey Berkus Architects (4 Sheets). EXHIBIT LTG Policy No. 1 Form AO/ORT Our Order No. ABD62003932 Schedule A Amount Property Address: 100 EAST FRANCIS STREET 1. Policy Date: May 25, 201.1 at 5:00 P.M. 2. Name of Insured: JAMMB, LLC, A COLORADO LIMITED LIABILITY COMPANY 3. The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is: A Fee Simple 4. Title to the estate or interest covered by this policy at the date hereof is vested in: JAMMB, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The land referred to in this policy is described as follows: SEE.ATTACHED "EXHIBIT A" FOR LEGAL DESCRIPTION i I i f This Policy valid only if Schedule B is attached. Land Title Guarantee Company Representing Old Republic National Title Insurance Company LTG Policy No. LTFX62003932 Our Order No. ABD62003932 EXHIBIT "A" LEGAL DESCRIPTION A parcel of land known as the Given Parcel being described at Reception #499350 together with a parcel being described at Reception#405579 in the records of the Clerk and Recorder of Pitkin County, all being in the City of Aspen being more particularly described as follows: All of Block 63,part of Francis Street and part of Center Street as shown on the City and Townsite of Aspen Map; a portion of the NWI/4SW1/4 of Section 7, T. 10 S.,R. 84 W. and a portion of the NE1/4SE1/4 of Section 12, T.10 S., R. 85 W. all in the 6th P.M.; Beginning at a point on the north line of said Francis Street and 24.00 feet easterly of the west line of said Center Street also known as Garmisch Street, from which the East 1/4 corner of said Section 7 bears N08 DEGREES 54'19"E a distance of 926.25 feet, with all bearings being relative to N14 DEGREES 50'49"E along the centerline of Garausch Street; thence N14 DEGREES 50'49"E a distance of 121.59 feet; thence N33 DEGREES 03'l 9"E a distance of 42.21. feet; thence N07 DEGREES 19'05"E a distance of 112.35 feet; thence S70 DEGREES 18'15"E a distance of 239.94 to the southwest corner of the vacated parcel described at Reception#405579 (Ordinance#13, Series of 1997, City of Aspen); thence along the boundary of said vacated parcel the following four(4) courses NO2 DEGREES 00'00"W a distance 18.56 feet; thence S72 DEGREES 18'08"E a distance of 44.16 feet; thence S79 DEGREES 11'00"E a distance of 7.90 feet; thence S15 DEGREES 15'22"W a distance of 20.06 feet to the northeast corner of that parcel.of land described at said Reception#499350; thence S06 DEGREES 18'51"W a distance of 103.11 feet; thence S18 DEGREES 12'00"W a distance of 108.73 feet; thence S09 DEGREES 25'21"E a distance of 52.10 feet; thence S23 DEGREES 21'00"E a distance of 83.49 feet to southerly line of.Francis Street extended easterly; Thence N75 DEGREES 09'l 1"W along the north line of Block 64, City and Townsite of Aspen, a distance of 288.99 feet to the northwest corner of said Block 64; thence N30 DEGREES 59'37"W a distance of 107.34 feet to the point of beginning. County of Pitkin, State of Colorado. i f t i i I LTG Policy No. LTFI62003932 Form AO/ORT Our Order No. ABD62003932 Schedule B This policy does not insure against loss or damage by reason of the following: 1. Any facts, rights, interests, or claims thereof,not shown by the Public:Records but that could be ascertained by an inspection of the Land of that may asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the Land would disclose, and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services,labor, or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5 (a) Unpatented Whining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under(a), (b), or(c) are shown by the Public Records. 6. TAXES AND ASSESSMENTS FOR THE YEAR 2011 AND SUBSEQUENT YEARS. 7. PROVIDED THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR, OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS, AND PROVIDED FURTHER GRANT HEREBY MADE IS HELD AND DECLARED TO BE SUBJECT TO ALL THE CONDITIONS, LIMITATIONS AND RESTRICTIONS CONTAINED IN SECTION 2386 OF THE REVISED STATUTES OF THE UNITED STATES,AS SET FORTH IN UNITED STATES PATENT RECORDED MARCH 24, 1885 IN BOOK 11 AT PAGE 162. 8. RESERVATIONS AS CONTAINED IN DEEDS FROM THE CITY OF ASPEN RECORDED MAY 18, 1887 IN BOOK 49 AT PAGE 285, RECORDED JANUARY 3, 1888 IN BOOK 59 AT PAGE 245, RECORDED JANUARY 31, 1888 IN BOOK 59 AT PAGE 330, RECORDED MAY 11, 1888 IN BOOK 59 AT PAGE 434 AND RECORDED JULY 16, 1888 IN BOOK 59 AT PAGE 462. 9. TERMS, CONDITIONS AND PROVISIONS OF ORDER AND DECREE RECORDED FEBRUARY 09, 1951 IN BOOK 175 AT PAGE 472. 10. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACT SHOWN ON IMPROVEMENT SURVEY DATED MAY 23, 2011, PREPARED BY SCHMUESER GORDON MEYER,JOB#2010-364.002.AND RECORDED MAY 23, 2011 UNDER RECEPTION NO. 580092: A. STAIRS AND GRAVEL PATH ALONG EASTERN BOUNDARY OF THE LAND, BUT NOT LTG Policy No. LTFI62003932 Form AO/ORT Our Order No. ABD62003932 Schedule B WITHIN A RECORDED EASEMENT. B. POSSESSORY INTERESTS THAT MAY BE CLAIMED DUE TO THE LOCATION OF FENCE LINES ALONG THE BOUNDARIES OF THE LAND. ITEM NOS. I THROUGH 3, 7A AND 7B OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED. ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO.ANY LIENS RESULTING FROM WORK OR MATERIAL CONTRACTED FOR.OR FURNISHED AT THE REQUEST OF THE REGENTS OF THE UNIVERSITY OF COLORADO, A BODY COPORATE. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LI.ABILI.TY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF JAMMB, LLC,A COLORADO LIMITED LIABILITY COMPANY. Statement of Authority (Section 38-30-172,C.R.S.) 1. This Statement of Authority relates to an entity named: JAMMB,LLC,a Colorado limited liability company 2. The type of Entity is a: corporation _registered limited liability partnership nonprofit corporation —registered limited liability limited partnership X limited liability company —limited partnership association general partnership _government or governmental subdivision or agency `limited partnership trust 3. The entity is formed under the laws of the State of Colorado. 4. The mailing address for the entity is:601 E.Hyman Avenue,Aspen,Colorado 81611 5. The X name(s)_position of the people authorized to execute instruments conveying,encumbering,or otherwise affecting title to real property on behalf of the entity are: Adam L Lewis,Trustee of The Adam J. Lewis Revocable Trust U/T/A dated October 1, 1996,As Amended,Manager of JAMMB,LLC. 6. The authority of the foregoing person(s)to bind the entity is not limited. 7. Other matters concerning the manner in which the entity deals with interests in real property:N/A 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. 9. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority executed on behalf of the entity. Executed effective the 20'h day of May 2011. Name: JAMMB,LLC,a Colorado limited liability company BY:The Adam J.Lewis Revocable Trust U/T/A dated October'1, 1996,As Amended,its Manager By. Adam J.Lew , rustee STATE OF ) ss. COUNTY OF PIT A Fi�,n ) The foregoing Statement of Authority was acknowledged before me this ZAay of May 2011 by Adam J. Lewis,as Trustee of The Adam J.Lewis Revocable Trust U/T/A dated October 1, 1996,As Amended, Manager of JAMMB,LLC,a Colorado limited liability company. Witness my hand and official se 1. ,`P*.Y•PUe�/� My commission expires: ��I 1�i� ?O• f � � STP►CY No tic S ANEyC RECEPTION#: 680130, 05125/2011 at OF 03:54:21 PM, 1 OF 1, R $11.00 DF $0.00 Doc Code RUTH Janice K.Vos Caudill, Pitkin County, CO EFEXHIBIT 1 ATTACHMENT 2—LAND USE APPLICATION PROJECT: (� Name: 100 0 G is n Location: )8 0 -C ^ C 17�1S 0 (Indicate street address,lot&block number,le al descri tion where appropriate) Parcel ID#(REQUIRED) 2J 35 — 7-q---/9- S 5 l APPLICANT: Name: Q" MIS 6 L C Address: 66( G Q Phone#: REPRESENTATIVE: Name: <<77S c1 r'1t11►') j-� P : Y C f l �j Address: 2 01 K. M I 1) l �� C Phone#: I10 2 5- 1� C' TYPE OF APPLICATION: (please check all that pply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GM QS Allotment p Q ❑ 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.) Vo►C cy� Ire+ PROPOSAL: (description of pro osed buildings,uses,modifications,etc.) C�74t�t 0 S a .b CPS _C > Have you attached the following? FEES DUE: $2., S a ER 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 of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: 100 E. Francis Applicant: JAMMB, LLC Location: 100 E. Francis Street, Aspen Zone District: R-6 Lot Size: 99,159 sq.ft. Lot Area: 44,045 sq.ft. (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: 0 Proposed: 2 Number of bedrooms: Existing: 0 Proposed: 7 Proposed% of demolition (Historic properties only): N/A DIMENSIONS: Floor Area: Existing: N/A Allowable: 6,392 sq.ft.Proposed:6,392 sq.ft. Principal bldg. height: Existing: N/A Allowable: 25' Proposed: 25' Access. bldg. height: Existing: N/A Allowable: 25' Proposed: 25' On-Site parking: Existing: N/A Required: 4 Proposed: 4 % Site coverage: Existing: N/A Required: 25% max. Proposed:15.5% % Open Space: Existing: N/A Required: N/A Proposed: N/A Front Setback: Existing: N/A Required: 10' Proposed: 60' Rear Setback: Existing: N/A Required: 10' Proposed: 60' Combined F/R: Existing: N/A Required: 20' Proposed: 120' Side Setback: Existing: N/A Required: 15' Proposed: 15' Side Setback: Existing: N/A Required: 35' Proposed: 70' Combined Sides: Existing: N/A Required: 50' Proposed: 85' Distance Between Existing N/A Required: 5' Proposed: 70' Buildings Existing non-conformities or encroachments: Existing foundation from previous development is encroaching on setback at Northwest of property. Variations requested: None EXHIBIT City of Aspen Community Development Dept. 130 S. Galena Street Aspen, CO 81611 RE: 100 E. Francis Street, Aspen (PID# 2735-124-19-851) Request for Residential Design Standards Variances and Approval To whom it may concern: As applicant for the above requested approvals for 100 E. Francis Street, Aspen, JAMMB, LLC hereby authorizes Haas Land Planning, LLC (HLP) and Jeffrey Berkus Architects, Inc. (JBA) to act as designated and authorized representatives for the preparation, submittal and processing of the application requesting Residential Design Standards approvals, including three variances from the same, as well as, any incidental requests or subsequent applications that may be associated therewith. HLP and JBA are also authorized to represent JAMMB, LLC in meetings with City staff, the Housing Board, the Planning and Zoning Commission, and the Aspen City Council. Should you have any need to contact us during the course of your review, please do so through Haas Land Planning, LLC or Jeffrey Berkus Architects, Inc. Yours truly, JAMMB, LLC 601 E. Hyman Ave Aspen, CO 81611 By: Adam J. Lewisitred ustee of the Adam J. Lewis Revocable Trust U/T/A October 1, 1996, As Amended, its Manager [:!D CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny,429-2739 DATE: 10/12/12 PROJECT: 100 E. Francis, redevelopment REPRESENTATIVE: Mitch Haas, Haas Land Planning DESCRIPTION: The applicant is proposing to redevelop 100 E. Francis with two new single family residences. This property is located within the R-6 zone district. The front of the property is considered Francis Street and the Francis Street bicycle path right-of-way, as determined by the Community Development Director. The west side of the property is parallel to the Garmisch Street right-of-way, which is considered a street. Upon review of the design plans (per meeting 10/11/2012) Staff has determined the Applicant will need three variances from Residential Design Standards (RDS) for their proposed building plans.. According to sub-Section 26.410.020(D)(1) Administrative variances an applicant may request up to three administrative variances from RDS (Residential Design Standards), The variances are as follows: • 26.410.040(B)(1) Secondary Mass — The linking element does not meet the dimensional requirements listed in the standard.,; and • 26.410.040(D)(3)(a) Windows — As proposed street-facing windows on both Residence 1 and Residence 2 span between nine and twelve feet above the finished first floor. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.410.040.A-F Residential Design Standards 26.410.040.D Variances 26.710.1 Medium Density Residential (R-6)Zone District Review by: Staff for complete application and administrative review. Planning Fees: $630, deposit for 2 hours of staff time (additional staff time required is billed at$315 per hour) In Excess of Pre-Application Meeting: 6 hours of staff time Total Deposit: $2,520 Total Number of Application Copies: 2 To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. 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. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary, 7. An 81/2"x 11"vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. COMMUNITY O ' DEPARTMENT ® . 9. Draft subdivision plat(and a digital PDF if available).914 10. All other materials required pursuant to the specific submittal requirements. 11. Applications shall be provided in paper format (number of copies noted above). 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. November, 2011. City of Aspen 1130 S. Galena St. 0)920-5090 EXHIBIT 1 s Agreement to Pay Application Fees Anagreement between the City of Aspen ("City") and Property JAMMB, LLC, by Adam J. Lewis, Trustee of the Adam J. Lewis Revocable Trust U/T/A, dated Owner("I"): October 1, 1996, As Amended, its Manager Phone No.: c/o Haas Land Planning, LLC - (970) 925-7819 Email: c/o Mitch(a)hlpaspen.com Address of Billing Address: JAMMB, LLC Property: 100 E. Francis Street, Aspen c/o Millares & Co. (subject of p (send bills 500 Dixie Hwy., Suite 201 (PID#2735-124-19-851) here) application) Miami, FL 33146 1 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. $2,520 deposit for 8 hours of Community Development Department staff time, including 6 hours in excess of the standard pre-application meeting. Additional time above the deposit amount will be billed at$315 per hour. City of Aspen: Property Owner: JAMMB, LLC 601 E. Hyman Avenue As en, CO 81611 Chris Bendon Name: Community Development Director Adam J. L i Title: Trustee of the Adam J. Lewis Revocable Trust U/T/A dated October 1, 1996 City Use: Fees Due: $_$2,520 Received: $ ` JEFFREY BERKUS ARCHITECTS , INC . _ 430 West Main Street, Aspen, CO 81611 P. 970.925.7017 F. 970.925.7026 City of Aspen Community Development Department Attn: Chris Bendon, Community Development Director 130 South Galena Street, 3rd Floor RECEIVED Aspen, Colorado 81611 NOV 0 8 2012 November 8, 2012 CITY OF ASPEN COMMUNITY DEVELOPMENT Dear Chris, Per your direction, this letter serves to request an exemption from Hallam Lake Bluff Review for both proposed residences to be located at 100 E. Francis Street. Pursuant to our 11/07/12 conversation, the project meets the code intent that requires "the proposed development is thirty (30) feet or further from the top-of-slope and not exceeding the progressive height limit delineated by a line drawn at a forty-five (45) degree angle from ground level at the top-of-slope" as stated on the City of Aspen Land Use Code, Section 26.435.060. Assuming that this matches your understanding of qualifications for exemption, please sign below as an indication of your agreement to this exemption. Thank you. Sincerely, lam, v 4erku Chris Bendon, Community Development Director rkus Architects, Inc. City of Aspen Community Development Dept. Colorado Secretary o4'State - Summary Page 1 of 1 Business&Licensing i Elections&voting search lot For this Record... History&Documents File a Document 5u Summary tsstrihe Emai£ Notification unsubscribe Email Notification ID Number: 20111137412 Business Home Name: JAMMB,LLC Business Information Business search Registered Agent: Chris LaCroix Registered Agent Street Address: c/o Garfield&Hecht PC,601 E Hyman Avenue,Aspen,CO 81611,United States fags,G£ossary and Registered Agent Mailing Address: Information _... _..... _. _. _ _..... _... _...... Principal Street Address: c/o Garfield&Hecht,PC,601 E Hyman Avenue,Aspen,CO 81611,United States Principal Mailing Address: Status: Delinquent Form: Limited Liability Company Jurisdiction: Colorado Formation Date: 03/06/2011 Term of Duration: Perpetual Periodic Report Month: March You may: • View History and Documents • File a Document • Set Up Secure Business Filing for this Record • Subscribe to email notification regarding this record • Unsubscribe from email notification regarding this record Pr evrous Page http://www.sos.state.co.us/biz/BusinessEntityDetai1.do?quitButtonDestination=BusinessE... 10/29/2012 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: October 29 2012 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for c and name assigned to this property is 0073.2012.ASLU — 100E FrranciseRDS Sta de number planner assigned to this case is Sara Nadolny ands. The ❑ Your Land Use Application is incomplete: Please submit the aforementioned missing submission items so that we may begin r Your application. No review hearings will be scheduled until all of the submission contents listed Y g reviewing above have been submitted and are to the satisfaction of the City of Aspen Planner revi land use application. ewing the xj-,�Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed co to begin the land use review process. complete Other submission items may be requested throughout the review process as deemed neces the Community Development Department. Please contact me at 42_ 9-2759 Y have any if ou h sea by questions. Th You, ii II ifer he n, Deputy Director City of A en, Community Development Department For Office Use Only- Mineral Rights Notice Required Qualifying Applications: Yes No SPA PUD COWOP. Subdivision (creating more than- ]-additional lot) GMQS Allotments Yes No Residential Affordable Housing______ �� Commercial----- E.P.F. 2? F } , £ y is AS l a Eile Edit Record Naviglate Form Reports Format Tab Help Rating,5tatus, J Fees (Fee Surr ry Main +c�ions Attachments j Routing Hick r Va!#ion ��rthjEng Custom Fields Sub Perrcits �. i- Aspen Land Use 0073 2012 ASLU , 100 E FRANCIS ST ,�/, ,, r/x it ti/ �s�✓rr�i��'�/�!�'�y ,F x ✓ y y n s � x-r e r ✓ r ,, „'; ✓ /a ti / / / r r r/ r-/ r✓ ,x y rn ,�y�r � / rx , /r� /. // � S r�ti r.r ,.i'dr✓/h , �ra„r�,„r:;a r r r ��r%r / ,... g :,r// /���///�////////�i///b�/r ri.� /i/fir /r .r/ / ,i;Fr %10l23t2012 r✓//F rr/x� 6„ r r ,,,, /�/ / i ✓ pending / qa;APPLICATION FOR RESIDENTIAL DESIGN STANDARDS APPROVAL AND VARIANCE ' REQUESTS FOR 100 EASR FRANCIS STREET-THIS IS FOR 6 HRS BACK BILLING pi a AND 2 HRS DEPOSIT. ; € MITCH HAAS 925 7819 do Runningaays ixpirs 10l1$f2013 ba €�u 5tled via: oww._ last nay JAMMB,LLC First name fi01 N MILL ST " 108 £ Phone (970)925-7819 Address ASPEN CO 81611 �Itig Applicant "I to n Owner is applicant? ❑Contractor is applicant? ,l Last name JAMMB,LLC First name 601 N MILL ST � € 108 '£ Phone (970 925-7819 Cust# 29393 Address ASPEN CO 81611 Lender Last name First name Ril 1�T Phone ( Address 11