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Home My WebLink Aboutlanduse case.boa.322 W Smuggler.setbacks.0015.2008,„ f THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION CLOSED BY 0015.2008.ASLU 2735-12-4-15-002 322 W. SMUGGLER ST ERRIN EVANS VARIANCE REQUIRED SMUGGLER INVESTMENTS 04/17/2008 Angela Scorey on 03/04/2009 ... ,-.. DEVELOPMENT ORDER of the 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-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 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. Smueeler Investments LLC c/o Stan Johnson Company, Two Warren Place, 6120 S. Yale Avenue, Suite 813 Tulsa, Oklahoma 74136 Property Owner's Name, Mailing Address and telephone number Lots M N and O Block 40 City of Aspen Townsite and Lots 10 11 and 12 Block 40 Hallam's Addition to the Ci of Aspen more commonly known as 322 W. Smuggler Street Legal Description and Street Address of Subject Property The Applicant received approval to vary two minimum setback requirements' 1) reduce the setback between buildings from ten (10) feet to six (6) feet; and 2) reduce the rear yazd setback from ten (10) feet to five (5) feet for principal buildings Written Description of the Site Specific Plan and/or Attachment Describing Plan Grant of a Variance by the Board of Adjustments and associated approvals via Resolution No. 001, Series of 2008 May 8 2008 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Effective Date of Development Order (Same as date of publication of notice of approval.) Expiration Date of Development Order (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 this 9rh day of May, 2008, by the City of Aspen Community Development Director. „ ~ . ~ ~, Chris Berm, Community Development Director r-. ^. ~~ R~~, 2735-,,,12-4- iS~-oo2 LrYi File Edtt @ecard yariga~ Form RepOr(S Fpr~at Tab Help ,.. -y. / ~~ ^~nIYnL+etwD lu~+~ 18r I~ .IP«cels ICY I~C~ IsIRatNrreSkatus Ike a - remit Type - Perrre[ Y 0015.2008.ASLU Address 322 W SMUGGLER ST J Apt)SURe Uty ASPEN Sta[e CO ~ Zip 81611 J ___ ._ PormR [nformatlon _ - -.: - -. - _... _ ---.--.- MasterPermd~J 0.wtinq Queue aslu07 AppUed 031112008 J Project J Status pending Approved ~~ ~. Desaipkion VARIANCE F0.OM TFE REQUIRED MINIMUM SETBACK OF TEN (l0) FEET BETWEEN Issued TWO DETACHED DEWELLINGS ~~ Srbmitted MICHAEL HOFFMAN 970 549 3442 Uock Rwning pays ~ Expires 03(06f2009 J Owner- _ ___... _ _.- _ -_-:.- _:..'. La# Name SMUGGLER INVESTMENTS Lt ~ F'v# Name ~ 2 WARREN PLACE 6120 5 YALE AVE Phone (918)994-2690 TULSA OK 74136 l7 Owner k App4cant? La# Name SMUGGIER INVESTMENTS LI ~ F'v# Name ~ 2 WARREN PLACE 6120 5 YALE AVE Pharo (9l8} 494-2690 CU# ~T 28078 J 813 TULSA OK 74136 ~. Lender ___ __. _..._ _. _____ __-i La# Name ~~ Fvst Name ~Record:l ofl ~~~ ~~ ~ ~.~5 ~f 5 • g lk~~~~0 ~- ~.. THE CITY OF ASPEN Land Use Application Determination of Completeness Date: March 18, 2008 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 00015.2008.ASLU (322 W. Smu¢~ler). The planner assigned to this case is Errin Evans. ^ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1. 2. 3. 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. Than1~ You, Jenni er Phel Deputy Director City of Aspen, Community Development Department C:\Documents and Settings\jennifep\Desktop\organized\G Drive\Templates\Completeness Letter Land Use.doc Resolution No. 001 (SERIES OF 2008) A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, CASE NUMBER 08-001, GRANTING A REAR YARD SETBACK AND SETBACK BETWEEN BUILDINGS VARIANCE FOR 322 W. SMUGGLER DRIVE, LOT M, N AND O, BLOCK 40, CITY AND TOWNSITE OF ASPEN AND LOTS 10,11, AND 12, BLOCK 40, HALLAM'S ADDITION, CITY OF ASPEN Parcel IdentiScatioo Number 2735-124-15-002 WHEREAS, Michael Hoffinan of 106 South Mill Street, Suite 202, Aspen, on behalf of Stan Johnson of Two Warren Place, 6120 S. Yale Avenue, Suite 813, Tulsa, Oklahoma, submitted a request for variance, dated March ] 0, 2008 to the Board of Adjustment as outlined in Section 26.314.040; and WHEREAS, this matter came on for hearing before the Boazd of Adjustment on April 17, 2008 where full deliberations and consideration of the evidence and testimony was presented. There were only four members in attendance at the meeting. The applicant opted to have the meeting continued until May ls~, 2008. There were not enough members available to attend the hearing until May 8`", 2008. The final consideration of this matter was decided on May 8`s, 2008. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO: Section 1. Findings of Fact. The Board of Adjustment makes the following findings of fact: 1. A request for the variance granted was initiated by: Michael Hoffman, representative from Gazfield and Hecht, P.C., 106 South Mill Street, Suite 202, Aspen, Colorado on behalf of the owner Stan L. Johnson of Two Warren Place, 6120 S. Yale Avenue, Suite 813, Aspen, Colorado. 2. Notice of the proposed variance has been provided to surrounding property owners in accordance with Section 26-304-060(E)(3) of the Aspen Municipal Code. Evidence of such notice is on file with the City Clerk. RECEPTION#: 549387, 05/21/2008 at 01:17:24 PM, ~ of 4, R $21.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO 3. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan and Chapter 26 of the Aspen Municipal Code. 4. The grant of variance is the minimum variance that will make possible the reasonable use of the pazcel, building or structure. 5. The literal interpretation and enforcement of the terms of Chapter 26 of the Aspen Municipal Code would deprive the applicant of rights commonly enjoyed by other pazcels in the same zone district, and would cause the applicant unnecessary hazdship or practical difficulty. In determining that the applicant's rights would be deprived absent a variance, the Board considered certain special conditions and circumstances which aze unique to the pazcel, building or structure, which aze not applicable to other parcels, stmctures or buildings in the same zone district and which do not result from the actions of the applicant. Section 3. Conditions to approval. The following conditions apply to the approval of this application for a variance: 1. The minimum setbacks between the detached residential dwellings shall not be less than six (6) feet, as shown on site plan; 2. The minimum reaz setback should not be less than five (5) feet, as shown on site plan; 3. The approved building permit application should resemble the plan shown in the variance application; 4. Only the trees designated for removal from the Parks and Recreation Department maybe removed. Section 2. Variance Granted. The Board of Adjustment does hereby grant the applicant the following variance from the terms of Chapter 26 of the Aspen Municipal Code by a ~to Q(~ vote: A five (5) foot rear yazd setback variance and a six (6) foot side yazd setback between buildings for the construction of two detached residential dwellings in conformance with the attached site plan. APPROVED AS TO FORM m True, Assistant City Attorney 2 INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on the 8th day of Ma 2008. c ead, Chairperson I, the undersigned duly appointed and acting Deputy City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the Board of Adjustment of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. G'~~A.~ ckie Lothian, Deputy City Clerk List of Exhibits Exhibit A: Approved site plan variances. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO STATE OF COLORADO County of Pitkin 322 G~. ` ss. I, _~\ eJIG yC0`l'~"~ (name, please print) being or repr senting 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 no later than 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. ~jt.(.~ ~G~`---~7 Signature The foregoing "Affidavit of Notice" was acknowled ed before me this ~ day of , 200 by ~~G, ~~ F~c1 ~ PUBLIC NOTICE a DEVELOPMENTAPPgOVAI of the ~. end ant to Ernn s/ Cly of Aspen PublisheE in the Aspen Times Weekly on May 18, 2W8. (1548510) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: L>~6~p av~ bb ~~~~ Nota~lic ATTACHMENTS: COPY OF THE PUBLICATION ~ e ~~~' t MEYER -Uy Commission Expires OBHO@010 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 3ZZ VU~~mt.~1+~Tl~A~J~ ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: lM~~"SO~/ f!D/1/I~~M , 200$ STATE OF COLORADO ) ) SS. County of Pitkin ) I, ~qQ/C~ ~~'~'~' (name, please print) being or repres nting an Applicant to the of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of~the Aspen Land Use Code in the following manner: l/ 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) A'I 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 (I S) days prior to the public heazing and was continuously visible from the _ day of 200_, 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 26304.060(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 tl}ree 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 heazing. A copy of the owners and governmental agencies so rwticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official inning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowled~d before me this.3/ day bf . 2 ~ , 2008 > by ~ n~Aac ~COlec./ a Np11GE pNESt 322WGE BGS t ASKS EEt, bEc neanr FoRVAR1AN.eaEOV GryENAPj1eYOr`3 t~eB Faa~ WITNESS MY HAND AND OFFICIAL SEAL My commission expires: fjg~~n ~~pl (' Notary public ~ (AURA MEYER ATTACHMENTS: `PYOFTHEPUBL/CATION MY Commission Expires 081108014 OF THE POSTED NOTICE (SIGN ~VERN]VIENTAL AGENCIES NOTICED BYMAIL ,'-~ ,.., ~~.~ t. ~, NOTICE OF PUBLIC HEARING CASE #001-2008 Before the City of Aspen Board of Adjustment TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will beheld in the BASEMENT MEETING ROOM, City Hall, Aspen, Colorado, (or at such other place as the meeting maybe then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 26, Official Code of Aspen. All persons affected by the proposed variance aze invited to appeaz and state their views, protests or objections. If you cannot appear personally at such meeting, you aze urged to state your views by letter, particulazly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. Particulars of the hearing and requested variances are as follows: Date and Time of MeetinE: Date: April 17, 2008 Time: 4:00 P.M. Owner for Variance: Smuggler LLC Representative for Variance: Mike Hoffinan, Garfield & Hecht Name: Stan Johnson Address: 322 West Smuggler Aspen, CO 81611 Location or description of property: 322 West Smuggler, Aspen, CO 81611. Variances Requested: The applicant is requesting 2 setback variances to build 2 new residential dwellings. Will applicant be represented by Counsel: YES:X NO: The City of Aspen Board of Adjustment 130 S. Galena Street Aspen, CO 81611 Rick Head, Chairman Easy Peel Labels '; Use Averye TEMPLATE 5160® d~ ~ ~ See Instructlan Sheet i ~'1..dd Paper ~~ for Easy Peal Featurei ~ ®A~~®S160s i ALLEN ROBERT H 8 JUDY LEY 4545 POST OAK PL STE 101 HOUSTON, TX 77027 ALTIERI FAMILY TRUST 206 DRIFTWOOD RD CORONA DEL MAR, CA 92825 BLOCK FAMILY TRUST 311 W NORTH ST ASPEN, CO 81611 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 COLLETT JOHN 8 VIRGINIA C 1228 E MOORHEAD #200 CHARLOTTE, NC 28204 CONOVER CATHRINE M 2715 M STREET NW STE 300 WASHINGTON, DC 20007 COTSEN 1985 TRUST D W RINGSBY ENTERPRISES LLC DODGE LARRY D 8 SARA P LIV TRUST 12100 WILSHIRE BLVD STE 905 1123 AURARIA PKWY # 200 PO BOX 2029 LOS ANGELES, CA 90025 DENVER, CO 80204 RANCHO SANTA FE, CA 92067 EPSTEIN ROBERT A 8 SUSAN FINKLE S MARCUS 8 SARA F FIVE CONTINENTS ASPEN REALTY 5000 PLAZA ON THE LAKE STE 180 433 W SMUGGLER ST CORP AUSTIN, TX 78746 ASPEN, CO 81611-1258 C/O KLEIN COTE 8 EDWARDS PC 201 N MILL ST #203 ASPEN, CO 81811 FRISHMAN ANDREW J TRUST FULLERTON TRUST 38% INT GREENBERG ASPEN LP 50% PO BOX 465 306 W FRANCIS ST #3 BRENTMOOR ASPEN, CO 81612 ASPEN, CO 81611 ST LOUIS, MO 83105 GREENBERG RONALD K TRUSTEE 50% HOOK BRADLEY K 8 PAMELA D HUNT ELLEN 12.8068% 3540 WASHINGTON 782C N KALAHEO PO BOX 6770 ST LOUIS, MO 63103 KAILUA, HI 96734 ASPEN, CO 81612 JACOBY ENTERPRISES INC KIENAST CHRISTIE A LAND TRUST C/O THE STEPHENS GROUP LLC 406 W SMUGGLER ST 1850 TYSONS BLVD STE 800 PO BOX 3417 ASPEN, CO 81611 MCLEAN, VA 22102 LITTLE ROCK, AR 72203 LUNDY VICTOR ALFRED TRSTE MARSHALL BONNIE MCMAHAN JAMES A 8 JACQUELINE 701 MULBERRY LN 320 LAKE AVE 2 OAKMONT DR BELLAIRE. TX 77401 ASPEN, CO 81811 LOS ANGELES, CA 90049 MCMANUS JAMES R MIDDLETON RANDALL TRUST MOLLER MARC 8 SHELAH 468 BAY LANE 600 JEFFERSON STE #350 4701 GROSVENOR AVE KEY BISCAYNE, FL 33149 HOUSTON, TX 77002 RIVERDALE, NY 10471 MULLINS DON R MUSTANG HOLDINGS LLC GO HARDING 8 CARBONE GO RICK FLOECK NITZE WILLIAM A 3903 BELLAIRE BLVD 1801 ELM ST STE 4000 1537 28TH ST NW HOUSTON, TX 77025 DALLAS, TX 75201 WASHINGTON, DC 20007 Etiquettesfadlass7pal~r ~ ConsWh¢wfauWe wewvaver~ccnm Utilisez le gabarit AVERI/~ 5160 Sens de cfiargement d'InstrucUon 1-80p~WAVERY OAK LODGE LLC 87.1934% C/O WILLIAM O HUNT PO BOX 7951 ASPEN, CO 81612 PHILLIPPE THOMAS E JR 8 SUSAN MARIE 225 W SMUGGLER ST ASPEN, CO 81611-1358 STAPLETON MAUREEN T 426 NORTH 2ND ST ASPEN, CO 81811 3wwafuQy~ ~09L5 aJ1113AV 31~aq~8 a ~ I ~IIFN1 J°Ib @ 9Np~ epu~bp9 PERROS DIMITRI 8 DIANE 79 LOCUST RD WINNETKA,IL 80093 RICHAROS ANN K 1537 28TH ST NW WASHINGTON, DC 20007 WALTON CAROLYN F 2579 N COMMON DR FAYETTEVILLE, AR 72703 PHELPS MASON 4885 S 900 E STE 240 SALT LAKE CITY, UT 84117 SCHIFF DAVID T GO ATLANTIC TRUST CO 50 ROCKEFELLER PLAZA 15TH FL NEW YORK, NY 18252 YUE ROSINA LEE PO 8OX 17147 SNOW MASS VILLAGE, CO 81815 T o09L5®~/~r® ® ~~~ Nod ~3 ~~ ~~ ~adQd P~JT ® ®0915 31Y7dYM91 o~V ~fl i i leay5 uop~ngwl aas ~ • i ~ 51.451 NiJ ~3 a MEMORANDUM TO: Plans were routed to those departments checked-off below: ....?5.... City Engineer ...~... Community Development Engineer ......... Police Department .......... 7,oning Officer ........... Housing Director ....X... Parks Department .......... Aspen Fire Marshal .......... City Water X... Aspen Consolidated Sanitation District ........... Building Department ........... Environmental Health ........... Electric Department ........... Holy Cross Electric ........... City Attorney ........... Streets Department ......... Historic Preservation Officer .........City Parking Manager .......... Pitkin County Planning FROM: Errin Evans, Current Planner Community Development Department 130 S. Galena St., Aspen, CO 8161 I Phone: 429-2745 Fax: 920-5439 RE: Detached Residential Dwellings (322 W. Smuggler Street) -Variance Application Parcel ID #2735-124-15-002 DATE: Monday, March 24, 2008 COMMF,NTS: Please review the attached application for a request for a variance to reduce the minimum setbacks to construct two detached residential dwellings. The minimum setback between the new buildings is required to be 10 feet; the applicant is requesting 6 feet. 'l he minimum rear yard setback is 10 feet for principal buildings; the applicant is requesting 5 feet. A DRC meeting will not be held because few departments are affected. Please have your comments returned by April 7, 2008. Please return your application if you do not want to hold onto it once the review is finished. DRC Meeting: N/A Thank You, Errin Iivans April 1, 2008 To: Enin Evans, Community Development From: Brian Flynn, Parks and Open Space Re: 322 W. Smuggler Street Variance Application :,..~ SREN PARKS 8 RECREATION I am writing to show our support for the variance request submitted by the applicant for 322 air West Smuggler Street. a unique property located within the West End of Aspen. Unlike many other properties, which contain a mixed landscape with varying age classes of trees, this property is encumbered with 261azge Blue Spruce, making construction efforts very challenging. More than half of the spruce trees are of significant size and are major contributors to the community forest now~.and will continue to be well into the future. Throughout the design and planning process the applicant has been diligent and willing to work with the Pazks Department in order to save as many of the trees as possible. In doing so, the final plan requires deviation from the required building setbacks in two areas, both located adjacent to the alley. The first is a below grade variance into the rear yard setback. The second is specific to the garage structures only, all the while maintaining the required ten-foot set back on the main residential units. These two variances greatly improve the ability of the applicant to protect the trees required by the Parks Department to remain on site. Without these variances, excavation would be required to occur so close to the trees that a hazardous situation would be created and the Parks Department would not be able to support this application for development. The hazardous situation mentioned would be in the form of a structural failure of these large spruce trees with potential for large-scale damage of adjacent property. The balance between the preservation of trees, economical enjoyment of the property, and building codes has created a hardship for the applicant. The variances requested to make this project possible aze in addition to the removal of several trees on the property. The Parks ~~ Department supports the request for the varianceshe setbacks. ~ ~~ ~~ MEMORANDUM ,.., 4 ! TO: Board of Adjustments FROM: Errin Evans, Current Planner ~ THRU: Jennifer Phelan, Deputy Community Development Directot~ DATE OF MEMO: March 21, 2008 MEETING DATE: April 17, 2008 RE: 322 W. Smuggler Street -Variance APPLICANT /OWNER: STAFF RECOMMENDATION: Smuggler Investments LLC Staff recommends that the Board of Adjustments deny the request to vary the minimum setback requirements. REPRESENTATIVE: Mike Hoffman, Garfield and Hecht, P.C. LOCATION: Civic Address - 322 W. Smuggler Street; Legal Description -Lots M, N, and O, Block 4Q City of Aspen's Townsite, and Lots 10, 11 and 12, Block 40 Hallam's Addition; and Parcel Identification Number - 2735- 124-15-002 CURRENT ZONING & USE Located in the Medium Density Residential (R-6) zone district containing a single family home and an approved demolition permit. PROPOSED LAND USE: The Applicant is requesting to develop two detached residential dwellings. SUMMARY: The Applicant requests of the Board of Adjustments approval of two setback requirements. The minimum setback between the new buildings is required to be 10 feet; the applicant is requesting 6 feet. The minimum rear yard setback is 10 feet for principal buildings; the applicant is requesting 5 feet. Photo of Revised 4/11/2008 Page 1 of 6 ,.. muaaler ~~I Variance Application 0015.2008.ASLU Figure 1: Vicinity Map BACKGROUND: The applicant proposes to redevelop the parcel at 322 W. Smuggler Street. The parcel currently has a single family dwelling that has been approved for demolition. The applicant has been planning the construction of two detached residential dwellings to replace the single family dwelling. The two main issues impacting the development proposal for this parcel are the existing significant trees and the location of the proposed building footprints. The applicant met with the Parks and Recreation Department over a period of time from September 2006 during the initial planning phases of the proposal to the fall of 2007 when a building permit was submitted. These meetings established which trees were required to be preserved on the lot according to Chapter 13.20, Tree Removal Permits, of the City of Aspen Municipal Code. Significant trees and the no build areas that include the drip lines of the significant trees are noted in the application (Exhibit A) and are included below. ~ Aspen Municipal Code, Chapter 13.20, Tree Removal Permits. "It is the intent of this chapter to preserve to the fullest extent possible existing trees considered desirable by the Manager of Parks and Recreation or his or her designee as hereinafter set forth." Revised 4/11/2008 Page 2 of 6 ., ,-. ~~ ~--' The applicant met with staff in the Community Development Department on February 4, 2008 to discuss the options to proceed with the proposed layout of the residential dwellings. The minimum setback requirements were not met. To accommodate the tree preservation requests of the Parks Department and the preferred layout, the applicant is proceeding with the variance process. LAND USE REQUEST AND REVIEW PROCEDURES: As pursuant to the Aspen Land Use Code Section, 26.314.020, Authority, in Chapter 26.314, Variances, "The Board of Adjustment, in accordance with the procedures, standards and limitations of this chapter shall approve, approve with conditions, or disapprove a development application for variances to the terms of this Title. Variances may only be granted for dimensional uses and permitted uses regarding off-site storage of construction materials and activities." This representative for this application is requesting a variance of dimensional requirements. Revised 4/11/2008 Page 3 of 6 Figure 2: No build areas. (Hatched areas) ~^ '^~ STANDARDS APPLICABLE TO VARIANCES Section 26.314.040, Standards Applicable to Variances, of the City Land Use Code states that in order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision making body shall make a finding that the following three circumstances must exist: 1. The grant of variance will be generally consistent with the purposes goals, objectives, and policies of Aspen Area Community Plan and this Title; Staff Findin¢ The proposed project is consistent with the purposes, goals, objectives and policies of the Aspen Area Community Plan (AACP) and this Title. In the AACP, the intent of the Parks, Open Space and the Environment section is "To preserve, enhance and restore the natural beauty of the environment of the Aspen area." The language in the Tree Removal Permit in Chapter 13.20 of the Aspen Municipal Code is clear that the Council's goals are to retain trees that are considered valuable. One of the policies of this section states that the City of Aspen should encourage infill projects that integrate more housing into the existing urban fabric. The applicant is removing one single family dwelling of 3490 square feet and proposing to replace it with two detached residential dwellings for a total of 4080 square feet. Currently the lot has two non-conforming features. One of those features is the driveway access on to the street. The code requires that residential properties should only have access from the alley or private road when there is that option available. To amend this non-conformity to accommodate the code during new construction, some trees that are considered valuable will have to be removed. The Parks and Recreation Department indicated that they were willing to negotiate with the applicant to accommodate alley access. The solution that the Parks Department believed accommodated the most interests, including those of the applicant was to allow the removal of the trees in the center of the north end of the parcel and encourage a variance of setback approval so that the applicant would still be able to construct the permitted amount of floor area. The applicant has altered the original site plan by reducing the floor area above grade and relocating more of the floor area to be constructed sub grade. The second non-conforming issue on the lot is the side yard setback. The existing single family dwelling is currently located in the front yard setback and one side yard setback. The new construction will remedy this and be built in compliance with the 10 feet minimum front yard requirement. The side yard setback is currently 7.5 feet. This setback is less than what is permitted. The new construction will comply with the Land Use Code for the exterior side yard setbacks, which is dependent on whether the new construction consists of detached residential buildings or another type of structure. The application is consistent with the Land Use Code, Title 26, except for the two variance requests. One of the variance requests is a reduction of four feet for the minimum distance between buildings. The total distance between garage buildings at the north end of the lot would be six feet. The Building Department has indicated it is possible to mitigate fire safety concerns Revised 4/11/2008 Page 4 of 6 •~ ,~-. ,. for this distance with several different construction techniques. When two detached residential buildings are located on one lot, they are not subject to the combined side yard requirement as long as there are ten feet between the two buildings. The second variance request is to reduce the minimum rear yard setback by five feet from ten feet to a total distance of five feet from the rear property line. The minimum rear yard for the portion of the principal building used solely as a garage is five feet; however, the applicant intends to have livable area located under the garage. This feature requires a minimum setback of ten feet, rather than the five feet proposed. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and, The site plan presented is the minimum vaziance that will accommodate the preservation of the greatest number of significant trees. The site plan has been revised several times in an attempt to find the best solution to meet the requirements of the Land Use Code and the Tree Removal Permit goals. If more trees were removed, the amount of variance requested could be reduced. This current site plan appears to be the best way to balance the goals of the Parks Department and the applicant. The only other change, perhaps, it could be possible For the applicant to combine the garages into one building and still be able to meet the code. Staff Finding 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the board shall consider whether either of the following conditions apply: a) There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b) Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings, or structures, in the same zone district. Staff Findin¢ It is questionable whether there are special conditions which are unique to this parcel. Each property in the zone district is subject to the same tree removal requirements. This property has 26 trees that are significant according to the requirements of the Tree Removal Pennit process and the City Forester. There are more trees on this parcel than most other parcels in this zone according to the memo provided by the Parks Department. For the most part, the most valuable trees are located in the setbacks, outside of the building envelope. The root systems and some of the trees encroach in the building envelope making it difficult for the applicant to build the Revised 4/11/2008 Page 5 of 6 maximum permitted amount of floor area and making it difficult to relocate the driveway to alley access as required by Code. The Community Development Staff do not believe that the number of existing trees create a unique condition, as it only is a hardship if the applicant tries to maximize the floor area of the property. In the West End, which is encompassed by the R-6 zone district, there are mostly single family dwellings and with some duplex structures. The applicant has several options for permitted structures on the property. It is not necessary to redevelop the property with two detached residential dwellings. It is possible to build a single family dwelling or attach the duplex building, among other options. REFERRAL AGENCY COMMENTS: Parks and Recreation Department The Parks Department would prefer to retain the front access to save the trees that would be removed as a result of the new alley access as per code. They have agreed to permit the removal of the trees in the center of the north part of the lot to allow for alley access to meet the requirements of the code in the Residential design standards section. The trees on the subject parcel are more numerous, larger and older than most of the other trees on lots in this zone district. (Exhibit B) City Eneineer No comments received. Aspen Consolidated Sanitation District No comments received. RECOMMENDED CONDITIONS IF APPROVED: 1. The minimum setbacks between the detached residential dwellings shall not be less than six (6) feet, as shown on site plan; 2. The minimum rear setback should not be less than five (5) feet, as shown on site plan; 3. The approved building permit application should resemble the plan shown in the variance application; 4. Only the trees designated for removal from the Parks and Recreation Department may be removed. RECOMMENDED MOTION: Community Development Staff recommend that the Board of Adjustments deny the variance application. ATTACHMENTS: - Exhibit A, The Parks and Recreation Department Referral Memo - Exhibit B, The application Revised 4/11/2008 Page 6 of 6 ...~ i, April 1, 2008 To: Errin Evans, Community Development From: Brian Flynn, Parks and Open Space Re: 322 W. Smuggler Street Variance Application l~l{i61 i A ""1 ~..s SREN PARKS 8 RECREATICN I am writing to show our support for the variance request submitted by the applicant for 322 West Smuggler Street. It is a unique property located within the West End of Aspen. Unlike many other properties, which contain a mixed landscape with varying age classes of trees, this property is encumbered with 261arge Blue Spruce, making construction efforts very challenging. More than half of the spruce trees are of significant size and are major contributors to the community forest now and will continue to be well into the future. Throughout the design and planning process the applicant has been diligent and willing to work with the Parks Department in order to save as many of the trees as possible. In doing so, the final plan requires deviation from the required building setbacks in two areas, both located adjacent to the alley. The first is a below grade variance into the rear yard setback. The second is specific to the garage structures only, all the while maintaining the required ten-foot set back on the main residential units. These two variances greatly improve the ability of the applicant to protect the trees required by the Parks Department to remain on site. Without these variances, excavation would be required to occur so close to the trees that a hazardous situation would be created and the Parks Department would not be able to support this application for development. The hazardous situation mentioned would be in the form of a structural failure of these large spruce trees with potential for large-scale damage of adjacent property. The balance between the preservation of trees, economic enjoyment of the property, and land use codes has created a hardship for the applicant. The Parks Department recommended the variance process to the applicant to make this project possible. The Parks Department has agreed to permit the removal of several trees on the property to best accommodate the requirements of all the City Departments involved. The Parks Department supports the request for the variances in the setbacks. Ex+~~6~t g -•. ,. , GARFIELD & HECHT, P.C.~ ASPEN OFFICE Got FIST HTMAN AVENUE ASPEN, COLORADO 81611 TELEPHONE (g]O) 925-19j6 FACSIMILE (970) 9zo-4433 THE DENVER CENTRE 4z0 SEVENTH STREET, STE. too GLENWOOD SPRINGS, COLORADO 616D1 TELEPHONE (970)947-+936 FACSIMILE (97D) 947-+937 ATTORNEYS AT LAW Snce 19R Website: www.garfieldhecht.com Mike HoJJ`inan Email: neh o(fman(a~parfie[dkecht com AVON OFFICE AvDN TowN SQUARE, UNN too DO70 BEN01NVViK ROAD Posy Om¢ eox 545D AVON, COLORADO Bffi2D 7a-EPNONE (970)949-0707 FACVAIR.E (970) 949-18m BASALTOFFlCE RrvER VIEW PLAZA too ELK RUN DR., SUrtE 220 BASALT, COLORADO 81621 TELEPHONE:(970)927'1936 FACSIMILE: (97D) 927-1939 March 10, 2008 Ms. Jennifer Phelan Deputy Director, Community Development Department City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Re: Request for Variances of Smuggler Investments, LLC For Property Located at 322 West Smuggler, Aspen, Colorado 81611 (the "Property") Deaz Jennifer: Per the Pre-Application Conference Summary dated February 4, 2008, we have enclosed the following documents on behalf of Smuggler Investments, LLC, for its property located at 322 W. Smuggler: 1. Deposit of $735.00. 2. Authorization Letter from Smuggler Investments, LLC, signed by its principal Stan L. Johnson. 3. Copy of the Title Insurance Policy of Smuggler Investments, LLC, which demonstrates that it is the owner of 322 W. Smuggler in Aspen. 4. Completed Land Use Application 5. Signed Fee Agreement 6. Copy of the Pre-Application Conference Summary 7. Vicinity Map 8. Proof of Ownership (included in No. 3, above) 9. Existing and Proposed Site Plan (included with No. 12, below) 10. Existing and Proposed Floor Plans and Elevations (included with No. 12, below) 11. Site Improvement Survey (included with No. 12, below) 12. Written description of the Proposal, etc. 13. List of Adjacent Property Owners (will be supplied within two days of the submission of this application) 14. A copy of this packet on CD in .pdf. ,~ ---.. a./ Ms. Jennifer Phelan Mazch 10, 2008 Page 2 Please let me know if you need additional information. Thank you for your attention to this request. Sincerely, GARFIELD AND HECHT, P.C. fGf..~.l ,~i _. Michael Hoffman Of Counsel .~. `,~, SMUGGLER INVESTMENTS, L.L.C. a Colorado limited liability company cJo Stan Johnson Company Two Warren Place 6120 S. Yale Avenue, Suite 813 Tulsa, Oklahoma 74136 qi8- S/9q- Z69o February 29, 2008 City of Aspen Community Development Department 106 S. Mill Street, Suite 202 Aspen, Colorado 81611 Re: Request for Variances at 322 West Smuggler, Aspen, Lots 10, 11 and 12, Block 40, Hallam's Addition to the City of Aspen, Aspen, Colorado Ladies and Gentlemen: I hereby authorize the law firm Garfield and Hecht, P.C., Bob Bowden Development and John Olson Builder, to submit and process oa our behalf an Application for variances from 1) the required minimum setback often (10) feet between two detached dwellings (Section 26.710.040 D.6., Minimum side yard) and Z) the required minimum setback of ten (10) feet for principal buildings (Section 26.710.040 D.S., Minimum rear yard), all for our property referenced above. The names and relevant contacts are as follows: Garfield and Hecht, P.C. Bob Bowden Development John Olson Builder Attn: E. Michael Hoffman Attn: Hugh Marsh Attn: David Dorr 106 South Mill Street, Suite 202 P.O. Box 4038 P.O. Box 10147 Aspen, Colorado 81611 Aspen, Colorado 81612 Aspen, CO 81612 (970) 544-3442 (970) 379009 (970) 923-4233 Thank you for your consideration in this Application. If you have any questions or require any additional information, please do not hesitate to contact me. Very truly yours, SMUGGLER INVESTMENTS, P.C. By: tan Johnson Manager .~ `.r ~ , PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, 3rd Floor ASPEN, COLORADO 81611 970-925-1766 ~ 970-925-6527 FAX June 23, 2~6 SMUGGLER INVESTMENTS LLC 6120 S. YALE AVE., SUITE 813 TULSA, OK 74136 ATTN: RE: LOT M-O, BLK 40, HALLAMS ADDITION - PCT20512L2 Pitkin County Title, Inc. is pleased to provide you with the owners policy along with the following endorsements relative to the above mentioned file: Endorsement Fonn Endorsement Form Endorsement Form Endorsement Form Endorsement Form Endorsement Form Please review the policy in its entirety. We at Pitlcin County Title, Inc. beileve in providing you, our customer, with a quality product which will serve your needs. In the event you do find a discrepancy, or tl you have any questions or comments regarding your final policy, please contact us and we will gladly handle any request you may have as efficiently and quickly as possible. W e have assigned the above number to your records to assure prompt processing of suture title orders involving the property. If you sell or obtain a loan on this property within 5 years, ask your broker or agent to contact our office to ensure re-issue rates which may be available to ycu. Thank you very much for giving Pitkin County Title, Inc. the opportunity to serve you Sincerely, Vincent J. Higens President Vh Enclosures: OWNER'S POLICY 09 "ITLE INSURANCE Ia9gadbyLawyers Title Insurance Corporation POLICY NUMBER \ LandAmeriea LawyersrdlelnsurwrceGarporaganBemendrerdlhe A75-2041083 Lawyers Title Landamerrahmgydatleinsuranceunderedlers. SUBJECT TO THE IXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM>:COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a Vkglnia corporatlon, herein caged the Company, Insures, as of Daze of Polly shown N Schedule A, against loss w damage, not exceeding the Amount of Insurance statetl in Schedule A, sustakned a intoned by the Insured 6y reason oh. 1. Title to the estate or Interest descdbed in Sdtedula A being vested other than as stated Mereln; 2 Arty defed In or gen a encumbrence on the title; 3. UnmarketaWlgy of the tttle; 4. Leek o(a fight of access to and from the land The Company wIN also pay the costs, attorneys' tees and expenses Incurred ro defense of the ffile, es Insured but Doty to the extent provided In the Conditlons and Stlpdaltons. IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused Its corporate name and seal to 6e hereunto affncad by Its duy authorzed officers, the Pogey to become valid when countersigned by an authorized eiTlcar a agent of the Company. LAWYERS TITLE INSURANCE CORPORATION ~; w ~, Attest: -. ~:~ a~ ~ 2i L J ~ RT ~/r~c~•~•N,l ~ 1A1~ W Secretary ~~` rszs`~so Presldam I~rM~x= EXCLUSIONS FROM COVERAGE The tollowing matters are expressly,ttxduded from the coverage of this pdicy and the Company wig nd pay loss a damage, costs, aztomeys',-;:•;.:- fees a expenses which arise by reason of;~: .. - 1. (a) Any law, ordinance or govemmentel regulation (Including but no[ limited to hulkting and zoning laws, ordinances, or regulailops) restrlMing, regulating, prohibltlsg ar ralallng to (n the occupancy, use, or enjoymem of the leml; (g) the draredar, dknen;bns _a location of any Improvement now or hereafter ereded on the lend; ~m a separation In owcereNp or a change h the dfinenslong w .. area of the land or any parcel of which the land Ls ar was a part: or (~ environmental protedtan, or the effed of any vloiatlon of these laws, ordinances or governmental regulations, except ro the extant ttud a notice of the enforcemem thereoF ar a notlca of a defect, gen or encumbrance rcsuPong from a vloiatlon a ageged violation affectlng the land has been recorded ro the pubec records az Date of Pdlcy. (b) Any govemmemaz pofux: power not excluded by (e) above, except to the extant that a notice of the exercise thereof or a notice of a defect, Ilan or encumbrance resutting from a vloiatlon or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2 Rights of eminem domain unless notice of the exercise thereof has been recorded ro the public retools et Date of Policy, but oat excluding from coverage any taking which has occurred prig to Date of Policy which woultl be finding on the fights of a purchaser far value wllftout knowledge. - 3. Defects, liens, encumbrances, adverse claims or other matters: (a crested, suffered, assumed or agreed to by the instead elalmang (6~ not known to the Company, not recorded N the puhgc records az Date of Polcy, but known to the Insured claimant and not disclosed in wdiktg ro the Comparry by the ireured claimant prior to the date the insured dalmant became an Insured under this policy, (c) resultlng In no loss or damage to the Insured claimant; {d) attaching or created subsequerd fo Date of Policy; or (e) resNtlng In loss or damage which would not have been sustained ff the Insured claimant had paid value for the estate w interest insured by this pdicy. 4. Any dalm, which aiises out of the Vansedlon vestlng In the Insured the estate or Interest Insured by this pdicy, 6y reason of the operetlon of tederaz bankruptpy, state lnsdvency, or similar creditors' fights laws, that is based on: (a) the transactloh creating the estate or Interest Insured by this pdicy being deemed a fraudulem conveyance or fraudulem Irerrsier, or (b) the irartsedion creating the estate or Interest Ireured by this policy being deemed a preferential transfer except where the praferemlal Venstar resdls from the tagure: m m tknely recoW the Instrument of transfer, or nn of such reeordatlon to Impad notice to a purchaser for value or a judgment a Ilan creditor. NM 1 PA 1 tl ALTA Owner's Pogey (10/17/92) Vaild Only If Schedules A and B are Attached Form 1190-742 ORIGINAL ,~. / CONDITIDNS AND STIPULATIONS f. DEFINf1WNOFTERMS. Tha fotlowbg tents when used in Nk potty mean: (a) 'Insured': the trtsured named in Sdmdub A end, aub}ed m any dghk or~detensec Ne Company would have had agatrst the named Insured, those who succeed m the Interest d the named Insured by operation of law es distinguished from purdresa krcWdirg, hW nd firrled m, hake, dlstribulee4 devffiee4 survivors, personal ropresemaWes, na# d kin, or corporate or fiduciary eeccesmre. (6) 'Insured dalmattl`. anineured claiming lost or damage.'" `-' (c) 'knowedge' or'knotvil7: actual knowledge, nd mbstiucWe krowletlgs or notirre vdtlch may 6e Impeled~toen Nsurod by reason of the publio records as detmed h Utis pdby or-egy'ullier~.,recortls which Impart eortstrtict'rva notice of mattere eftectlng the landi~~. '->`~ . (d) 'land`. the lend deserlbed ~ er. referred to In Schedub A and improvements eNxed Nereb whkdi-hy law constltrrte real properry. The term 'land' does not Irtdi#a any property beyond the Ilnes of Ne area tlescdbed d referred m let Sehedub A nor any dgh4 tNle, hderest estate a Basemen in abueirp streak, made, avenues, alleys, lanes, ways or vratervrays, bbl nothing herein shat modify a pmN Ne exmn m which a fight of access m and from the land k locoed by this policy. (a) , 'mortgage^. mortgage, deed of trust, bu# deed, a other security instrumah~ m ~~,,puhAe rte`. recods oetedkhad under state abides el Date of Poticy for the paryosa of Imparting cotsliuctive ndiee d menars rebtlng fo r~l property to purohesars for vabe and~wlthout knowledge. Wkh respect m Sedbn 1 (a)(It~ of the Exduslona Fmm Cwerege, 'public remrds' shop also Include erniromnantal protectlbn parts-Ned in the records of the clerk d the Unitetl States distdd toad for fha dktrfel let Whk:ft lira land-Is located. (p) `umwkebbNlty of the tltle` an apeged or apparent matter aUeclNg the title b the Isnd, not excluded ar excepted from coverage, which would ent'We a purchaser d Ne estate d Inere# tlescrkad in Schedub A to be released Tmm iha ohllgatlon m purchase 6y vtrbe of a contradrral eonditlon requtring Ne delivery of medrefehie title. - 2 CON77NUATION OFINSURANCE AFTER CONVEYANCE OFT7TLE Tha raverega d Nk dopey shaA eonlnue in tome as d Date of Polley In favor of an bsured any w bog es,Ute insured retairo en septa or Interest N the land, or hokk an k#ebtadnesc 6rocilrad by a putchese money mortgage given by a purchaser lean the htsured,-or only so bog ae'Ure insured shall have IIabNNy by reason d eovenene d warremy made by the Insured in any transfer or eorweyara:e of the estate a Imeresl TNs poAcy shell not contlnua b tome In favor d any purchaser from the trtsured d either (q.an estate or Insrd in the land, ar ten an trulebtedrtess secured by a pumhese money mortgage given to the insured 3. NOTICE OF CLAIM TO BE GIVEN BY INSUREDCIAIMANT. Tha heated shell ndiy Ure Cd~cpeny prtlinplly h wdtlng m h case of any IlUgalbn es set forth in Section 4'(a) beloty~-(Ip in ease~knowletlpe shop come m en insured hereunder d arty Balm d title a'~l resF,whtch'k edveree m the UUe m tfte estate or kderest, as ireured, ar# lg_trt cease loss or damage for which Ne Compery may be Ib6e by ulnae of pollry; or t'~) U title m the estate or Interest as insured. k fejeced es uri _ ~~ tgi614 Ii prompt notlce shall not he gWen m the Compery, then as m the Insured aA IIabINty of Ne Company shall terminate wtN regard Ic the matter a masers Tor which prorrgrl rwtke k requred; eroded however, that hllura m nrotilY the Company shall in rro ease preJudlce the rtghk of any insured under Nlc policy artless Ne Compary shall be pretudiced by Na TeWre end then only m the a#ent of the pre)udlce. q. OFFENSE AND" PROSECUDON OF ACTIONS; OUiY OF INSURED CLAINANT TO COOPERATE (a) Upon vxbten=:request by fire insured and sut~ed b the opdorrs cordalned In Section 6 dl these CondNbna and Sllpubtlons, Ne Company, at Its own cost and wWtwl unreesona6le delay, shell prcube for Ne tleiense of en Insured h dtlgalion h which any tnln parry cacaos a claim adverse to Ne title d Interest as insured, bbl ony es m those stated causes of action ageging a detect, Iten a errwmbrariea or oNer matter hsuretl agdnat 6y Nk poky. The Company shall have Na fight m salad courted d Nc choke (cub)ed b Ne fight of Ne Nsrxed m object for reesoneble sauce} to represen Ute Insured as m those stated causes d action end dreN nd he Ilatae for end vdA not Pey Uw teas d any oNer counsel. Tha Company w@ nd pay cry mss, cose ar expenses hcurted by Ne Insured h Ne defence of Nose Hasse d eetlon which eNege matters rent insured by mk poNcy. Nj Tha Company shat have the fight at Ns own cos4 to h#Imte and prosecute any action or preeeedirrg or to d0 any other act wtsch In Ns opinion may be necessary or dadreble b establish the We m Ne estate or Interest, as Insured, or to prevent d reduce loss d damage b Ne Insured. The Company may take any approprlee action under the amts d ittis policy, whether or rid h shell ba liable hereunder, and shay not tlrerehy concede Natality a valve any prwklon d this dopey. It Ne Company ahdl exeroke Ile dghis under Nk paragraph, k shell do so dlNgently. (~ Whanover Na Company shah have brought en action or Interposed a defense u regWred or pennitletl by the provkkns of Nk poky, the Company may pureue soy Ntlgatbn m Neal tletermhatlon by a court d competent )urlsdicUOn ..,/ and expressly reserves Ne dghL b Ns sob disdetion, m appeal from any advaree )udgmem d order. (d) In eN eases where this policy pertnhs or requires the Corfpany m prosecute or provide for the daferree d any action ar proceeding, tlfe Insuratl shall secure m the Comirarry the dgN m so proseerae or provide defense N the ectlon or proceeding, and eN appeals therdn, N#`pertdt the Comperry m use, m Ns optlon, the name d the located for Nk purpose. Whenever requasletl by the Company, Ne Insured, at the Company'c expense, shah give Ne Company all reasonable aid (Q in atry aetlon a proeovdtrtp, securing evidence, abtamlrtg wMesses, presawUng ar tletending the actlon or proceeding, or egeeting cattlemen, and (IQ h any other bwhd set whtch in Ne opinion d Na Company may he necessary ar destrable b astabikh the the m the estate or Nterest as Insured If the Company k pre}udiced by the talbra tlf the Insured m lumish Na s~atl bmdnet4 Inc1lMingOerry A~liryhd~oblgatlo to defend,~sr ma polloy prosecute, a conlydre shy INgatbn, wIN regard m the manae'ar matters requldng such cootraretbn. - 5. PROOF OF LOSS OR DAMAGE. In artlltlon m end char Ne rmUcas egWred ur#er Sectlari 3 d~Nesa CondlUons aM SdpulaUons have been provided the Company, a prod d loss or damage signed and swum m by Na Insured clelment steal be Tumislfetl m the Company witltin 90 days after Ne brsured ebiman sheN ascartaln 1f;9;ieets gNing rise m the bsc or damage. Tha proof of loss d damage steal desulbp.llte dated In, or Ibn or enwmbrence on the Ntla, or other maser Irmured agalnsi;itiy .Nk polry which constlWbc the bask aT lass or damage and shat state,-mnthe:extenl posdble, the bask d calwbtktp Ura art#un d the bss or darrtege'. ~ tl the CorrrPanY k pra)udketl by Ne falura of the Insured cbiman m provide the required proof d lose d damage, the Company's o61lgaNorts to the Insured under the poNcy shall terminat4 including arty lebNty atlhNgetlon m defend, prosecute, or tmntinua any INgatlon, with regetd to the matter d meters requidng such proof d bsc or tlamaga. In addNion, the Insured clahnera may reasonaby ba requtred to submit m exammelion under oath by any aidhodmd representettve d the Company and sFiaN produce Tar axeminatlon, inspectlon end copytrtg, n such reaeonabb tknes and places as rrmy be designated 6y arry aWtodzed represelteAVa of Ne Company, ell racoms, books, ledgers, eMcks, conaspoMence aril memoranda, whether bearing a data before or after Dee of PoNty, which reasonaby pspeG) In the bas or damage. Further, U euquestetl by arty auUtorized fepresentaWe'~of'.Ne Compeiiy-~ihe kwtred cktrnartt shah gram hs permksitul, In writing, for shy. authorized represerAStWe d the Company m axemlea, loaded and copy atl; records, books, Iedgere, chedrs, conespondenee and-memoranda N the cusmdy or cdntrol of a NW party, whkh reasonably parch m the lass or damage. AA hmrmation designated es nonfldertAal by tlfe heated cletrnant provided tc the Company:pursuant m Nb Section shah nd be dlapWSed m oMare unless, h the reasonabb Judgment d the Comppany, t b necessary in the etlnNrtietretlon d Ne claim. Failure d the insured claknan m~ sdhmlt for examination render oath, produce other reasonaby requested Nlmmetlon tlr grant parmksmn m sawn reasonaby necessary Irdormetion from Nln parries as regaled b Ws paragraph shall terminate any NahIINy d the Camperry under tlds porky as m that Balm. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF uABIUTY. In rase of a datm under Nis policy, Ne Company shall have Ne lollowing eddlAond options (a) To Pey or Tender Payment o1 Ne Amount d Instaertca. Td~payd tentler payment of the amaun d hwvrerca under Nk Polley bgeNar wkh soy costs, ettameys' tees and expenses intoned by Ute hcuretl ebiman, wMch wero ewhorWd by the Comparry, up m Ne time of peymem m lender of peymem end which Ne Company Is abAgded m pay. Upon the ezercke by Ne Compay d thin optlon, a9 aabNNy antl ohllgatlons m Na Insured under NIs policy, other gran m make Ne payment required, shad terminate, Including any Aa61Nry a ohAgetlon to datantl, preeecue, or continue any INgatlon, aM Na policy shah 6e surteMered m Ne Comparry for cenceNatloa (h) To Pey or ONerwise Setlla WIN PaNec Other Nan the Irrsurad ~ WIN ihs Insured Claknent W m pay or omervdse sable with dher parties to or In the name of an insured claimant any cptrn hsured egehtd under tHc policy, mgether wiN any costs, aeomays' Tees and expanses intoned by the kuarred dolmen whteh were euNorizad by Ne Company up m Ure time of paymen and which Iha Company k obligated b pay, or (A) to pay or olhenwlse sable wIN the insured ddmant Ne loss ar damage provided for under Nis pdiq, bgether with any costs, attameys' tees and ezpansec lrounad by Ne pisuretl, cldman which ware authorized by Na Compary up m the Uma d payment srid whbh the Company k obNgeed b pay. Upon Ne exemka by Na Company d eiNV d Ne optbrts provMed fd In paragrepha: (h)(n d (19, the Comparyk oblgetlms m the Insured ur#er Nk policy for Ne claimed loss or damage, other Nan Na paymans equiretl m be made, shell;)eiinhete, Including any Ila6Niry or abpgetlon b defend prosecute or continue any INgatlon. CITY OF AS.oEN t'~t€?T `AIC DATE i?Ep NU- ~~~~•~ ~C.GGf ~%~~i ,~tE; f --,;~; ~ . S~i ~~_ ~ ~ ~ti~' ~T~ ~ ~ Documentary Fee $ 300.00 WARRANTY DEED THIS DEED, made May 15, 2006, Between 2005 JOHN S. GATES TRUST U!T/A DATED JANUARY 19, 2005 of the County of DENVER, State of CO, GRANTOR, AND SMUGGLER INVESTMENTS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY, GRANTEE whose legal address is : 612D S. YALE AVE., SUITE 613, TULSA, OK, 74136 of the County of State of OK WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, its heirs and assigns forever, all the real property together with improvements, if any, situate and lying and being in the County of PITKIN, State of COLORADO, described as follows: LOTS M, N AND O, BLOCK 40, CITY AND TOWNSITE OF ASPEN SZ40gg 1RANSfER OECLARpiION RECEIYEp X5/15/1006 AND LOTS 10, 11 AND 12, BLOCK 4D, HALLAM'S ADDITION TO THE CffY OF ASPEN TOGETHER with aU and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and a6 the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, In and io the above bargained premises, with the heredifaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its heir; and assigns forever. And the Grantor, for its, its heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, its heirs and assigns, that at the urns of the ensealing and delivery of these presents, its is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, fuU power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are Free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibi[ "A" attached hereto and incorporated herein by reference. The grantor shall and wi6 WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, its heirs and assigns, against a6 and every person or parsons lawfuly claiming the whole or any pars thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. , IN WITNESS WHEREOF the grantor has executed this deed. SIGNATURES ON PAGE 2 Retum to: SMUGGLER INVESTMENTS LLC 6120 5. YALE AVE., SUITE 813 TULSA, OK 74136 II I ~IyI~~/ (I 'lllfryll II I II~III I~~I ~fll~~ III ~II/I~I ~ ~IIII~I RI II~'~ I~N III Pa9 4O6 B 3 =Rn ICE K VDS CRUpIIL P7 TKIN u~~~~~~~r~~~~~l l~~t 0515/2006 03:381 COIAlTY CO R 76.00 0 300.00 SCHEDULE A OWNER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER PCT20512L2 May 15, 20D6 @ 3:31 PM $3,000,000.00 A75-2041083 1. NAME OF INSURED: SMUGGLER INVESTMENTS, LL.C., A COLORADO LIMITED LIABILITY COMPANY 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED 8Y THIS POLICY I5: IN FEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: SMUGGLER INVESTMENTS, LLC., A COLORADO LIMITED LIABILITY COMPANY 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: LOTS M, N AND O, BLOCK 40, CITY AND TOWNSITE OF ASPEN AND LOTS 10, 11 AND 12, BLOCK 40, HALLAM'S ADDITION TO THE CITY OF ASPEN Countersigned: Authorized officer or agent PITKIN COUNTY TITLE, INC. 601 E HOPKINS AVE. ASPEN, COLORADO 61611 (97D) 925.1766/(87DJ•925.6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. ..., SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY PCT20512L2 May 15, 2(106 @ 3:31 PM ,~ POLICY NUMBER A75-2041083 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or daims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepandes, conflicts in boundary fines, shortage in area, encroachments, any facts which a cortect survey and inspection of the premises 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. Water rights, claims or title tc water. 6. Taxes for the year 2006 not yet due or payable. 7. Right of the proprietor of a veto or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded June 8, 1686 in Book 55 at Page 2. EXCEPTIONS NUMBERED 1, 2 ,3 AND 4 ARE HEREBY OMITTED `~ CONDITIONS AND STIPULATIONS (Contlnued) 7. DETERMINATION, DCTENT OF LIABILITY AND COINSURANCE Thm pdiuy Is a xntract of indemdty agefiat actual mwxrtary loss ar damage ststeined w irlxned M Ne Intmred eNkred who has suflwed loss m damage by reason of matlere insures agabtsl by NIs pWlry and only m Ne exmd herein described. (a) The AahAlry d Ne Company undw Nk policy shetl nd exceed Ne lees[ of () Na Amoum d Insurance stated N Schedue A; ar, (Iq the difference between Ne value of Ne Insured estate m Interest as Insured and tie value of Na Insured estate m Interest sub]ect to Ne defect, ban w encumbrance loomed against by Nis poky. (h) In Ne eved Ne Amaud d Insurance stated In Schedule A at the Dam of Policy tr kss Nan a0 peened of Na vdue d Ne Insuretl estam w Interest w Ne WA consideration pak for Na land, whkhavw k lass, or A subsequem m Ne Dete d popsy an Improvamad ie wasted on ltw I¢nd whmh Irmreases Ne value of Ne Insured estate or IdefaBFby w least 20 parr~d ovw the Amount of Insurance smted h Scheduia A Nan U.tkYoicy W subJed m the fatlowing: (~ wA,)ep _atlbsequent Improvement has been made, as to any partial bss, Ne Bomp~}y shell any pay the Wss pro rata in Ne proportion that Ne amwnt of hsy(a~ce M Data of Polley bears to the total value of the insured estate m lntetast et Date of Polcy; m ~ whele'a s'ithsequeN Improvement has been made, as m any partlal lass, the Comparry shat my pay the lass pro rata in the proportion that 120 peroem d Ne Amdlyd of Insurance slated N Schedule A bears to the sum of Ne Amount of Ir>smanca stated In Schedum A end Ne amount ezpendad for Ne Improvement 'Rte provisions of_Ube paragraph shell nd apply b costs, aaameys' fees and ezpensss fm vfimh~~tftu.Camporry h liable under this poAry, entl shaA only aPPy m that potion of cry krs4 vfiich exceeds, b Ne aggregate, 1D percem d Ne Amount of Insurance smted ki~Sdtedule A. (c) Tha Company wib pay only Nose corm, atlarneys' lees and expenses incurred in axordanee wfN Section 4 of Neae Conditlond end Stlpulallans. & APPORTIONMENT. - ~~ -- I1 Ne lend dascdbed b SchedWa A consists of ~t(vu"or more parcels whbh ere not used ss a singb eke, end a lost Is estahllshetl eftectlng one m more of Na paroals but not dl, tie bee shop be compumd and sealed on a pro re1a basis as A 1ha,smmld d hsurexe under the potiuy was dNided pro ram as m Ne value on :,: Date d Policy of each seperem portal m the wftda exduaNe of any Improvements li;;:~rijaile suhsaqued m Dam o1 Pobcy, unless a AabBt1' w value has oNerwisa keen ~vy:;ggreed upon es m each parcel by Ne Campeny and the insures at Ne tlme of Ne ""~iissuanca of Nle pdioy and shown by an express smlement w by an endorsamerd 'attached m thts poluy. (b) When Aabillty end Na ailed d bss or damage hasbeen debnksy fixed In accordance with these Cond'Mons and SApulatlons, Na mss ar damage shall ba payable w1Nin 90 days Nereatmr. 13. SUBROGATION UPON PAYMENT OR SET[LEMENT. (a) The ComPeny's Right d Submgellon. W henevar Ne Company ahab have settled and paid a claim under NIs policy, aA right of subropatlon shall vest N the Comparry unafteded by any act d Ne insured daimem. The Company shell be submgated m end be antltled m eA rights and comedies which Ne Msured delment would have had egalret arty person w property in respect m the claim had Nb poACy nm been issued I( requested by tie Company, Ne insured amknam sheA transiw m Na ComPanl' aA dghls and remedies against any parson or preparty necessary M order m parted N~ dgd d subrogetlan. The htsured claimant shell psnnk Na Comparry m sus, compromise ar same In the name d tie Insured eldmam and to use Ne name of tie Insured claimant in arty trensadon or Iklgatlon imrolving Ness dgltts or remediss. It a paymed on account al a dalm does nd tatty cover the loss of Ne insured claimed, the Compary shell be whropeted m Nose dghm end remedies In Na proportion which Ne Companys peymad bears m tlxr whale amount of Ne mss. If lose shouts result Nom soy eel of the Neared eleiman4 ss stated above, that ad shall not void this paltry, but Ne Company, N that aveN, shell ha requked m pay amoun~R any~tlost tooNesCompeny ~~reeson of the hepelnnem by tie ahisu d rJafmdtt of the Contpeny's right of subrogation. (b) The Oompany's Rights Against Non-Inemed ObSgws. Tha Company's right d aubrogatlon against non-kttmred obAgora shat exist end aheb Jdclude, wkhout Ilmketlon, the dghm of the blamed m,tndemnltles, guwantles, other Pokcles o1 msutartce w bonds, notwltltsmnding eny'iahns w condtlortc xntalned in Nose Instruments which provide tot aubrogellon dghls by reason d NIs pulley. 14. ARSfTRATiON. Unless prohibkad by applkable law, eAhw Ne Camparry or Na Ylsured may demand whitret6n pursuant to the TIUa htwrerma AtblVatbn Rules of the Amwiran Arhitretlan Asaodatlon. Arbitrable metlers may baduda, but are not bmiled m, any xntroverry w Balm between the Company and the Insured arldng cut d or relating m this poky, any smvica of Ne Comperry In connection wiN tts Issuance m Ne breath of a poky provisbn or otlmr obligatlon. AA arblVable matters when Na Amoud of Insurance W $1,000,000 or mss shall be wbkreted at the optbn of afNw Nti Company w the Insured. All wbkrebm meows when Ne Amaud of Insurance Is in excess d $1,000,000 sftaA ba arbitrated ady when agreed to by boN Ne Company and Ne insured. Arbltrelfon pureuad m NIs poky antl undw the RWas in egad on Na dam the demand for arbltretlon k made m, el Ne optlon at die Insured, Ne Rules fn attest at Dots of Pollry chaA he bindMg upon Na partlsa. The award may Indude etmmeys' fees ony i the laws of the stele In whidt Ne lend is orated permit a rxdrt m award atmmeys' tees m a prevelArg petty. Judgment upon Na award rendwed by Ne Arbitramr(s) may he entered In any xurt having judsdlGlon NarecL The mw of the stale of the mrrd shati appy m en erbitretion antler Ne Tiae Insurenx Arbkretlon Rules. A xpy of Ne Rules may ha bMaYted from Ne Company upon request 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) Thk policy togemar wIN aA:endoraemems, Many, aaaehad harem by Ne Company Is the entlra poky end subtract between Ne Insured and the Company. In Inmrpretlng any provision of This piney, Nlc pdby shall be cwtwmed ss a while. (b) Arty claim of loss ar demepq wheNer or not besetl an negligence, and which arises out of the ataWS d Ne We W Na eatete w mmrest covered hereby w by any ectbn esseNng such delm, shoo ha residded m this pofluy. (c) No amentlmed d w endoreemad m NN polky cwt be made except by a vrtking endorsed hereon or etlached harem signed 6y either Ih¢ Presiders, a Vice Presided, Ne Secretary, an Awistenl Secretary, or vaimatlng oiTx:w m authorized signamry of the Gompany. 9. IJMTTATON OF iJABILRY. - I (~ If Na Corrmany esmbkshes Na ttle, w remww the dleged defect ben orerxxrmbrance, or cures the lack of a dphf of axes to or tram Ne lend, or cures the claim of unmwketebiAy of tllle, all as Insured, In a reasonably dAigent manner by any metlmd, mclutlNg Atlgatlon end Ne.xmpletlon of any appeals tharelrom, Y 6hell have tiny perbrmed Its ohAgatkms wiN reaped m that manor and shati nd ba Aahle for any lose w damage reused Nereby. (6} m Na aved of any Iltlgatlon, Including OUg¢tlon by the Comparry w wiN the Company's xrtsem, the Company shell have no babbky for loss or demape untll there has been a Anal damnnirxstion by a court ar xmpelent Judsddion, and dlapostdon of eA appeals Nerefrom, adverse m Ne title as insuretl. (a) The Company sheb nil ba Aehla tar loss w damage m any Insurotl for Ilabiliry vdudady eawmed by Ns Insured in sealing any elelm or auk without Ne prior writmn cortsertt d Ne Company. td REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF UABILRY. AA payments under Nis poky, except payments made for xsrs, anomeys' fees and expenses, shaA reduce the amoum of the Insurance pro mnto. 11. LJABIL.IIY NONCUMULATIVE It h expressly understood that the emaud of insurertce under Nis poky shall be reduced by any emoms Ne Comperry may pay undw arty policy Insudry a mortgage b whkh excaptlon m mken In Schedule 8 or m which Ne Insured hoc agree4 assumed, or taken aubJect, w which is hareaber execumtl try en Insured and which 6 a charge or ban on the esmm w telecast described m referred m In Schadub A,'mM Ne amoum so paltl shaA ba deemed a payment under this potlcy m the located owner. 16. SEVERABILRY. In tie evem any provision al Ne pdiey Is heltl Invalid ar unenloroeeble under applicable law, the pelicy shell be deemed not m Include Nat provWon and all oNer provlsbra shall remain In tuA tome and afted. 17. NOTICES, WHERE SENT. AA notices required m be given Ne Company end any statement In welling required to be banished Ne Company shall indude Ne number of this policy and shall ba addressed to: Consumer Affairs Departrnent, P.O. Box 27567, Pochmrmd, Virginia 23261-7567. t2 PAYMENT OF LOSS. (a) No peymem shall be made withod producing INS policy for antlorsamed of Ne paymed udass Na pelicy has been lod w desWyed, dr which case proof of loss or desWdion chaA he tarnished m Ne satldadlon w the Company. N T ~ m m, ~ ~ L~ Y m ~ ~ T m O m m ~ O V U m_ ' H'O U ~ m T m C N m C ~ m Y G ~ C C m N ~ E C N ' m d r ~ m > > m v C c a ~ m `o .. p_ m gy .. O1 a . ~ v o ~' m rnm mm ~ a° `o ~~ ~ 92'3 ~ 0~ ~ Om;C ' ~ Opp ~ ~ U U ym ~ C ~~:. ~ V ~ _ • yy 0 ' -~ ~ m an d N pp U CN'1 0 CC m U~ ~ O f mNm m ° C m fV UU 0 U pl y ` ~ VI ~~ m `-' d~ 5` ~~m `o ~~ e Qai Y N` c °~ ° ' ~> o ~ ~ T~ E, .; mom C z 5 ~~ ~ n - `m m ¢ ydxce~ 9 ~ c :. -.~r~~ JJ Q c N f 1fqq-n~: C m ~lO m . t ~S ~ m'm' E o 0 o TNmL a.. r` m v- > Tm N ~~ m ~ m- m > m -- 0 o m ro 3 c m 3~ m ~ i0 ~ o -a Q rn ~' ~ '+ ~ o J a to N m Z a ~ Z J ~ O z o _ ~: d ~` m _ .. ~. „ O ~ ~ ~ ~ .. ~ ~ +'". R '' G ~ e 5 O e ae;~a ° a ^, W O Q ~ V O~~ N Q a v jx F" d a r4 2 ~ m ~ d ~ V ~ m N ~ m E q~q ~ y-~ ~ 09 J .@ ~ u c . c '`~ R d ~., ~?~J 3''t .. . `aF ~ cs ~ C E N ~ ~ ~~~ J ~°'Yd~ J .~~ ATTACHMENT 2 -LAND USE APPLICATION PRO.rIxT: Name: Variance R uest for 322 West Sm er As Location: 322 West Sm ler, As en, Lots ] 0, 11 and 12, Block 40, Hallam's Addition to the Ci of dicate street address, lot & block number, ]e al descri lion where ro 'ate Parcel ID # UIRED APPLICANT" Name: Smuggler Investments LLC Address: Two Warren Place, 6120 S. Yale Avenue, Suite 813, Tulsa, Oklahoma 74136 Phone #• (918) 494-2690 Name: Michael Hoffman Address: 106 S. Mill Street, Suite 202, Aspen, Colorado Phone #• (970) 544-3442 •rwF nF Arw.tra•nox_ (please check all that aoolvl: ^ 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 Blu$ condominiumization) Amendment) Mountain View Plane ^ Commercial Design Review ^ Lot Split ^ Smal] Lodge Conversion/ Expansion ^ Residential Design Variance ^ Lot Line Adjustment ® Variance from 1) the required minimum setback often (10) feet between two detached dwellings (Section 26.710.040 D.6., Minimum side yard) and 2) the required minimum setback of ten (10) feet for principal buildings (Section 26.710.040 D.S., Minimum rear yard). ^ Conditional Use EXISTING CONDI770NS' (description of existing buildings uses previous approvals etc ) See application letter included with this application form. '1toPOSAL• (descripfion of proposed buildings uses modiScations, etc.) See application letter included with this application form. /+~ ~/ Have you attached the following? FEES DUE: $735.00 ® Pre-Application Conference Summary ® Attachment #l, 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 tent (Microsoft Word Format) mast be submitted as part of the application. Large scale projects should include an electronic 3-D model Your preappGcation conference summary will indicate if you mast submit a 3-D model ~~ ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: Commercial net leasable: Existing: - Proposed: -" Number of residential units: Existing: I Proposed: 2 Number of bedrooms: Existing: _ r_Proposed: ~ Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: !1pp Existing: 3~t l b U ~L ~y J~ Allowable: I D ~ O Proposed: -i ~ 0 v Principal bldg. height: Existing.• 3~ Allowable: 25~ ~ roposed:2'1,5' (~3} Access. bldg. height: Existing: '"" Allowable: n 0. Proposed: On-Site pazking: Existing: 3 Required: 2 pv vni~ proposed:~~Cf v~ ~ ~) %Sitecoverage: Existing: 2i{°~o Required:y0~m~k, Proposed:3y~e Open Space: Existing: ` Required: Y a Proposed: Front Setback: Existing: ~ ~ t Required: (0 Proposed: 4_ Rear Setback: Existing: ~~ Required: I ~ r Proposed:~_ Combined F/R: Existing: "~ Required: n a Proposed: "' Side Setback: Existing: ~, 5 ~ Required: (~ r Proposed: I D, Side Setback: Existing: Z(t Required:_~_Proposed:~ Combined Sides: Existing: -' Required: n/a Proposed: Distance Between Existing '-' Required.• ~ ~ • Proposed: 6 Buildings Existing non-conformities or encroachments: Variations requested: Variance from 1) the required minimum setback of ten (10) feet between two detached dwelNngs (Section 26.710.040 D.6., Minimum side yard) and 2) the required minimum setback of ten (10) feet for prinapal buildings (Section 26.710.040 D.S., Minimum rear yard). (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 tfie Municipal Code.) .^ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ~¢reement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Smuggler Investments, L.L.C., a Colorado limited liability company, (hereinafter APPLICANT) AGREE AS FOLLOWS: t. APPLICANT has submitted to CITY an application for a valiance from 1) the required minimum setback of ten (10) feet between two detached dwellings {Section 26.710.040 D.6., Minimum side yard) and 2) the required minimum setback often (10) feet for principal buildings (Section 26.710.040 D.S., Minimum rear yard) for the following real property: Lots M, N and O, Blodk 40, City and Townsite of Aspen, Pitkin Courtty, Cobrado (hereinafter, TIIE PROIECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the siu, name or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs m be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings andlor approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they aze necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT fiuttter agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required fmdings for project rnnsideretion, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to co11eM full fees prior m a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $735. which is for three (3) bouts of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure m pay such acrnted costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN Chris Bandon Community Development DireMor APPLICANT SMUGGLER INVESTMENTS, L.L.C. a Colorado limited liability company By: n,`i S Johnson pager Date: Billing Address apd Telephone Number. do Stan Johnson Company Two Warren Place 6120 S. Yale Avenue, Suite 813 Tulsa, Oklahoma 74136 (918)494-2690 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2754 DATE: 2/4/08 PROJECT: 322 West Smuggler REPRESENTATIVE: David Dorr OWNER: Stan Johnson TYPE OF APPLICATION: Variance DESCRIPTION: The Applicant is proposing two detached residential dwellings on the subject property. Due to the Parks Department requirement to maintain certain existing trees on the property, the Applicant has redesigned the location of the houses to arx:ommodate the trees. As currently amended, the property will need to apply for two dimensional variances to allow for this new site plan. The Applicant will need to request a variance from 1) the required minimum setback of ten (10) feet between two detached dwellings (Section 26.710.040 D.6., Minimum side yard) and 2) the required minimum setback of ten (10) feet for prinapal buildings (Section 26.710.040 D.5., Minimum rear yard). Land Use Code Section(s) 26.304 Common Development Review Procedures 26.314 Variances 26.314.040, Standards applicable to variances 26.710.040 D. Dimensional Requirements (Medium-Density Residential (R-6) zone disVict Review by: Staff for complete application Referral agencies for technical considerations if necessary Public Hearing: Yes, at Board of Adjustment review Planning Fees: $735.00 Total Number of Application Copies: 10 Copies 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 appy for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2" x 11° vicinity map locating the subject parcels within the City of Aspen. 8. Proof of ownership. r~ 9. Existing and proposed site plan. 10. Existing and proposed floor plans and elevation drawings that include proposed dimensional requirements. 11. A site improvement survey that includes all existing natural and man-made site features. 12. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 14. All other materials required pursuant to the specific submittal requirements. 16. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on mailing labels for a small fee. 920.5453 17. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. 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. ' MAVauEST unity Map ~X d ET 1 w~~m~ ~, ~~ wood oink u+ W GlNesple St W Dea~t R z a W NWth SY~ q~w'S`n°l797er ~ N wFra~a St U 100 m atlo n ~, S ` r ld~H ASP Z -- - ~ st ti ~ - - - y sc s _ -- ti ee .p ,p _-- y c __~ __ _- N _ _ 2 ~ 1n N p i1 ~-~9 2 w - __ „ z - 82 ---... ~ ®2008 MapQuesl lm;. ~„ MapLOata_-O200B NAVTEQ or TeleAtles Page 1 of 1 http://tileprint.web.mapquest.com/tileprint.php?type=map&size=650,540&scale=4700&center-39.19508... 3/10/2008 r .,,, GARFI ELD & H ECHT, P.C. ASPEN OFFICE 6D1 EASE HYMAN AVENUE ASPEN, COLORADO 81611 TELEPHONE (970) 9z5-1936 FAC9MILE (97D) gzo-4433 GLENWOOD SPRINGS OFFICE THE DENVER CENraE 420 SEVENTH STREET, STE. iDD GU:NW000 SPRINGS, COLORADO 816Dt TEEEPNONE (97D)947-1936 FACSIMILE (97D)947-1937 March 10, 2008 ATTORNEYS AT LAW Snce 19]5 Websi[e: Miww.garfieldhecht.com Mike Hoffman Email: mhoilman(a)rarfieldhecht com Ms. Jennifer Phelan Deputy Director, Community Development Department City of Aspen 130 S. Galena Street Aspen, Colorado 81611 AVON OFFICE AVON TOVM $QUAITE, UNR 1D4 DOJD BENCHMARK ROAD POST OEFl¢ eDZ 949D Avon, CoLOaaoo 816zD TEtt[PxoNE (g7D) 94gD7o7 FAC9MRE (970) 94gt8to BASALT OFFICE RrvER VIEW PLAIA too Elx RuN DR., Sum: zzD BASALT, COLOaADO a15z1 TEIEPNDNE: (970)92)-1936 FACSIMILE (97D) 9z7-1939 Re: Request for Variances of Smuggler Investments, LLC For Property Located at 322 West Smuggler, Aspen, Colorado 81611 (the "Property") Deaz Jennifer: This letter is part of the application package of Smuggler Investments, LLC ("the Applicant") for two variances from the setback requirements of the R-6 zone district set forth in the Aspen Land Use Code (the "Code") as those requirements apply to Lots ] 0, 11 and 12, Block 40, Hallam's Addition to the City of Aspen, commonly known as 322 West Smuggler in Aspen ("the Property"). Specifically the Applicant requests variances from the 10-foot minimum side Yazd setback required between two detached dwellings and the 10.foot minimum rear yazd setback required for principal buildings in the R-6 district (Sections 26.710.040 D.S. and D.6., respectively). Existine Conditions. The Property is currently improved by a single family home. A copy of a survey which shows the existing conditions on the Property is enclosed with this letter as Exhibit A. A demolition permit has been issued for the house and it will be demolished as part of the redevelopment planned by the Applicant. As shown on the survey, 23 trees and other landscaping features exist on the Property. In addition, there are five other trees located within the City's right-of--way between the Property and West Smuggler Street As permitted in the R-6 wne district on lots of 9,000 square feet or more, the Applicant intends to build two detached, residential dwellings on the Property. The area of the Property is 9,000 square feet. .. r Ms. Jennifer Phelan March 10, 2008 Page 2 ,-, The current survey of the Property (Exhibit A) shows the location of all of the significant trees on the site. As shown on the survey, the trees exist primarily along the east, north and west boundaries of the Property. 2. History of the Application Process. The Applicant has long been aware that existence of trees on the Property might pose a constraint on redevelopment of the Property. An architect working with the Applicant first met with the City's Pakks Department on the Property in September of 2006 to discuss the issue. As a result of that meeting the architect believed that (I) the standard 10-foot set back along the west side of the Property would be sufficient to protect the trees located there, (2) the trees located along the alley in the center of the Property could be removed, and that (3) additional discussion was needed to establish an acceptable preservation plan for the trees located on the eastern property line. In addition, the Applicant understood from the meeting that it would be required to plant new cottonwoods between the front of the house and the Smuggler Street fapade once construction was completed on the new homes. Following the September, 2006 meetings with the Pakks Department, the Applicant began designing the project. The resulting plans and specifications (the "Original Plans") were completed early in 2007. A site plan which is consistent with the Original Plans is attached hereto as Exhibit B. The Applicant did not need a variance to build according to the Original Plans as those plans fully complied with all of the dimensional requirements of the R-6 zone district Development according to the original plans would have established two regularly-spaced single family homes consistent with the neighborhood pattern. The Applicant's representatives met with Pakks in March of last yeaz to identify and create a preservation plan for important trees on the Property, including those trees located on the eastern property line. The result of those meetings was the "site plan" which is attached to this correspondence as Exhibit C. As shown on the Exhibit, Pakks prohibited the Applicant from excavating within 12 feet of any part of the western property boundary to avoid damage to trees. At that time, the Parks Department was still willing to allow the Applicant to remove trees located along the alley in the center of the Property. Based on its revised understanding of what the Pakks Department was willing to accept on the Property, the Applicant authorized a re-drafting of the plans and specifications for the project. The results aze shown in the site plans enclosed as Exhibit D (referred to herein as the "Site Plan from the Second Set of Plans"). An application for building permit, including the Site Plan from the Second Set of Plans, was submitted to the City for permitting in the fall of last yeaz. After the new plans were referred out to the Parks Department, a meeting with Pakks was set up on the Property in late November. The result of that meeting was a substantially different set of no-build zones than had been used by the Applicant in creating the Site Plan from the Second Set of Plans. Representatives of the City and of the Applicant walked the site and placed flags azound the drip lines of trees deemed important by the Pakks Department. The azeas deemed by the flags were subsequently mapped in the No- s^ Ms. Jennifer Phelan Mazch 10, 2008 Page 3 d build Zone Map dated January 8, 2008, which is attached hereto as Exhibit E. The Pazks Department has now agreed that the trees located along the alley in the center of the Property may be removed. Based on its agreement with the Pazks Department as memorialized in Exhibit E (absent the trees located along the alley in the center of the Property), the Applicant is in the process of developing a third set of plans and specifications for a redevelopment project which meets the requirements of the Pazks Department and the City's other regulations, including, without limitation, the Residential Design Standards and International Building Code. A site plan of the Applicant's proposal is attached hereto as Exhibit F. The site plan shown in Exhibit F will be referred to herein as the "Current Site Plan ") The Pazks Department is supportive of the Current Site Plan. 3. Variances Requested. The creation of the two no-build zones on the northern boundary of the Property has severely constrained the Applicant's ability to utilize the northern one-third of the parcel. In fact, the lineaz distance available for development in this azea has been reduced by almost one-third. The City requires that garages be located off the alley. The Code allows atwo-caz garage for each dwelling unit. The no-build zones located on the east and west boundaries of the Property reduce the available width of the parcel by almost one-third. There simply is not room for both garage structures, a 10-foot set back between the garage units and the two no-build zones.. A 4-foot variance from the requirements of Section 26.710.040 D.6. is therefore necessary. Code Section 26.710.040 D.S. permits a garage to exist up to five feet from the property boundary, but imposes a 10-foot setback from the property line for "principal buildings" The no-build zones located in the northern one-third of the Property eliminate a substantial percentage of the Property as the site for subgrade development. The Applicant had long planned to build its guest master bedrooms in these subgrade areas. The variances requested here preserve the Applicant's ability to implement its program and not lose a guest master bedroom on the lower level. Each subgrade bedroom will be located below the corresponding gazage from five to 10 feet of the property boundary. No disturbance of the surface other than that caused by construction of each garage is necessary. 4. Standazds for Grantin¢ of Variance. Section 26.315.040 of the Land Use Code establishes the standazds by which a variance request is to be assessed. Each of the relevant provisions of the Code is found below in italics. The Applicant's response to each of the standazds immediately follows the excerpt from the Code. A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision-making body shall make a finding that the following three (3f circumstances exist: +..J Ms. Jennifer Phelan March 10, 2008 Page 4 1. The grant of variance will be generally consistent with the pwposes, goals, objectives and policies of the Aspen Area Community Plan and this Title; The 2000 Update of the Aspen Area Community Plan ("AACP") provides that "[t]he natural environment is one of the community's greatest assets and the reason many people choose to visit or make the Aspen azea their home. From sensitive land development to air and water quality, to recycling efforts, to habitat restoration, life in this community must reflect the commitment to preserve our environmental and wildlife resources." "Sites should be developed and designed with regazd to the existing landscape." Elected and appointed Boazds and Commissions should consider environmental and wildlife issues in all land use deliberations, discussions, and decisions."~ These policies have been implemented in the City's Municipal Code: The City Council fmds that trees provide important environmental, aesthetic and health benefits to the residents and guests of the City which extend beyond the boundaries of the property upon which trees may grow. The City Council further fmds that trees enhance the real estate values of property upon which trees grow and neighboring properties. Lazge trees are a resource which cannot be fully replaced if injured, damaged or removed. Property development and construction activities can result in injury or loss of valuable trees in the City. It is the intent of this Chapter to preserve to the fullest extent possible existing trees considered desirable by the Manager of Pazks and Recreation or his or her designee as hereinafter set forth? Chapter 13.20 of the Aspen Municipal Code delegates substantial authority to the Manager of Pazks and Recreation (or his designee) for the purpose of identifying and preserving all deciduous trees having a trunk diameter of six inches or more, all coniferous trees with a diameter of four inches or more and certain other trees with smaller diameters as defined in the Municipal Code. It is unlawful to remove or damage any of the trees identified in the regulations without a permit from the Pazks Department. The preservation of trees is not the only value advanced by the AACP. "The [AACP] considers the balance between the physical environment and the social well-being of Aspen." 3 The balance sought by the AACP is one in which local residents are allowed to make reasonable use of the property while conserving the natural environment. The Current Site Plan precisely represents a good balance between the competing interests described in the AACP. The Applicant wishes to construct a reasonable amount of floor azea on the site while preserving the trees identified by the Pazks Department as important. Extensive ' pp. 34-35. ~ Aspen Municipal Code, Section 13.20.010. s p. 3. ,~,, _., Ms. Jennifer Phelan March 10, 2008 Page 5 discussions took place between the Applicant and the City before the balance approach described here was finally achieved. This application simply seeks to preserve that balance. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structwe; and The Pazks Department and the Applicant have worked diligently to minimize the variances needed to accomplish the City's goal of preserving significant trees and the Applicant's goal of preserving a program which represents a reasonable use of the Property. The result is the minimal variances requested here. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant arty special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings or structures, in the same zone district. Other 9,000 square foot parcels located within the R-6 zone district may be developed from one set back line to the set back line located on the other side of the parcel. The establishment of no- build zones on this Property prevents the use of otherwise developable land. These no-build zones are unique to this Property and restrict the area which is available for development. While other parcels may also be constrained by trees designated for preservation by the Pazks Department, no other parcel is subject to the unique pattern of no-build zones which applies to this Property. The requirements to develop outside the no-build zones and to comply with Code provisions which apply to all parcels within the R-6 zone district (including those not burdened with no-build zones) create a hazdship which precipitated the Applicant's need for the variances requested here. The no-build zones imposed by the Parks Department aze "special conditions and circumstances which are unique to the" Property, which do not apply to other parcels in the R-6 zone district. These conditions exist not because of any act taken by the Applicant, but because trees were planted on the site many yeazs ago. These trees have now grown to be community resources regulated by the Parks Department. Granting of the variance here will not confer some special benefit on the Property which is not available to other parcels in the neighborhood. Variances are often granted to accommodate special conditions on a parcel which make it practically difficult to build in strict compliance of all of the various constraints imposed by the Code. „w.,, ~.. ~,,,, ,. Ms. Jennifer Phelan March 10, 2008 Page 6 5. Conclusion. The constraints on the Property are the result of the City's preservation of important trees on the site. The Applicant's Current Site Plan represents a reasonable accommodation between the tree preservation ordinances and the other requirements of the Code, on one hand, and the rights accorded to owners of property located within the R-6 zone district on the other. Because the standards set for the granting of variances established in Code Section 26.315.040 aze met here, we respectfully request that the Boazd of Adjustment grant the variances described in this application. Sincerely, GARFIELD AND HECHT, P.C. flit ~~r-- Michael Hoflinan Of Counsel Table of Exhibits Exhibit A -Current Survey Exhibit B -Site Plan from Original Plans Exhibit C -March 2007 Site Plan Exhibit D -Site Plan from the Second Set of Plans Exhibit E - No-build zone Map Exhibit F -Current Site Plan Exhibit G -Requested Variances .~,. I l i ~1 i I i i I NuR ~F TH~RC STA~eT I .: r F. :~ ~ _ r. c~ _. ~..__.. _...__~__.'_ _ / ~ I ~av / ' ~ }. ; ~~>! =~ 2 f ~f } '~~ ~ l I I I ` - - I. ti~ _' ~_ _ .~ r~~ ~~ / ~ I ' j .~,,~~ ~ a ^ r\ \ ' Y • Yl± ~ c ~ i~ t - = J i.i . ' . I 4 ~ ~ a ~ S ~ r ` f ~ 1. , A ! _ i ~ .. . b ~ y I ~ i :. _ m I _ A F«~~ ~ ! p I 1 i 1 I yy l ~ ~ - ~ a lI \~ ~ ~ r ~ ~ ~ i ~, F ~ I f._ -' - f° - : _.. _ ''± .. s~ ?' - ~ ~ I d ~ '~ ' i - _ . J ~~~ -~.~ v 3 ; ~:. .. ~~~ i~ ' ~ + Fs s ik ~a t"ggk~.~~ 'iy~ i*F y~ l¢ ~ S."~~~ a }}F. _ '~i~ i F~: ~ l t ,e } a 7 ~ i t ! ~ ~."'II' 311T~a ~ f~ ~ 2{ of a € - f 3 ° ° ~ i ~ a Zs i(F {i i r ~ i ~ s. ~ s xv l { f ! E x'. n :" y r^~'R s i E ~. ,'li 3 ~' f ~ t R ~ i i y ~~~Ff pp =,r f5i ; ' . r cF i ~ f ~ 2'~ i ~ S i T i f~~ 5 Y' Y f .. .. .. ..n ~.. .. .... ....... rr i m .... ;S•. h~ .... n .......... .. .. ~ ~ ...~... ~ ~ O M x ifaetoatva ai• A i l S 21 3 JI N tl l 3 N I d l tl ~~ W = 0 6g o= N.'<s ~ ~ a 0 0 s a ' ~ xas nic an~xx xinoa -~ Exhibit C total mitigation estimate - $63,342 trees parks department is willing to approve the removal of per discussion held on site - 3/29-2007 trees parks department would like to see remain design solutions maintaining these trees encouraged, removal of species open to discussion, but not certain trees not currently ~ic~s1!in~ 6n bite , - ._ ~< 4 0 i{~ • please remove from site plan " trees not highlighted to remain, excavation will more than likely ' .~___ _ ~ ~ not b~approved within the dripline areas of these species -f-~,_,~ I 10~ ~ i ~+ _ -~ '` i 5 i 9 ~ ~ ~ - - ~ i i' -, this tree 12' requested ~ ,; is not ------_~ ~ u~-~-~J ,within ••~°'" the area ,, -~~ you have the 10' ' I 1 . ~1 ~ ~~ ~ of setback which helps '~ . y . ~ concern ~,, most of the concern, ` •. -"V '~'~" t 12 ~ ~ ~J'~~' `"' j but 1 2' would grant 1 _ ; „ ::I _ more favorability se ~ f '~-- 7 ~ _ with parks ~°" I -~~ also: please take . „ \~ into consideration ~ "' ~ --._~ ~~ ~ ~ residentiah ~~~_',' ~ mot:.:. ~ '- I ~ -~. -- - design staff ards~fi`1~c~7~!1 ~. '"~~~~ ~~/ as site co~ge=e~[. J}1 ~, ~ ~ ~~ _,`;~ i v n+E I - Z ~ ~. ~ 1~ -~_ `~ ~ L ~ ' ,., ~~ z o . ,.. A i l S tl 3 Y N V 1 3 N I d 7 V o W oo c Z "'~ q < E !E E C~~ I a ~ ~ o u II .---- .,v.~.an,„..~.o~- ~ I---~ "~~ m~~ i !',; ,' t~6~ p ~e O h O ~0 ~~o •'t e~~ ~~k ~~ ~D ~D / ^/, e ~~ I ~~ ti NOgTx T .~ „~~D SET ~...:f [i H ~~,t~ F ; ' ~0e ~~~ ~~~~ 0 ~~~~~~ ~0 b a~~n ~~~Y~'R, 0 ~~~~~ ~~~~ ~ Y~ - _, °~ aanaa~a cumn ~rn~mwv ~.c ~A b ~P~^~ ado •ol I avni~aiix~nv avvQ A 3 1 S 11 3 X N Y l Z ~ 3SPmH hrSPIHeC ~ i N I d I V a W matoaa Exhibk G I ,3' I • ~~.~•~• .~a•....ral• . + az~ S~£B s9 s'~£E g° II I a axni~ailxavv L ( ~~ a o N N s 5 H M i r A 3 7 S N 3 )I N V 1 y~afoxd 3 N I d 7 V~ W T C O b ~ CO ~ b ` ~ ~ N ~ 00 ro ' ~ ~ O ~ L, O V O ~ ~ ~ y 0 U '^ 4 °~~ P. 0 2 w 0 ~ ~ w > l r F,~ ~ u O O O A .d ~ i ~ U O o ~ ' O . V td ~n L~ N ; 0.. r O N 0 N I o __ '~ I N ~ _- T ___ i Y~I I . I it I I ~ ~ i ~ p I ~ 8 _- pp ~ -, i - I I I _ 0 _ y YI ' Q ° o I o ~ s r i .. ~' ` ... . .' ' -~ --' -- _ __I - I ~ -- I I ~ I ~_ .,I I I r.i ~~ I _I ua.Pi _ ~ __ ~ - , 0 0 0 0~ o ~ I eo'OGI I ~~~~~ ~ Errin Evans ~~~~~`I K .~ ~a%' From: Martin Block (mblock@northwestern.edu] S4~~Fk CJ Sent: Thursday, April 17, 2008 3:25 PM i ^ ~G~y~~ ~ ( ~ /~~/ /~~ To: Errin Evans f \ C.)"~ ! T Subject: Opposition to variances at 322 W. Smuggler We, the undersigned, who live full-time at 311 W. North St---just across the alley from 322. W. Smuggler---strongly oppose any variances relating to the reduction of set-backs at 322 W. Smuggler. We had to observe the set-back laws scrupulously when we built our house in 1992 and see no good reason why they shouldn't be scrupulously followed today. Zoning laws are made to protect a neighborhood and should be enforced. We do not need any more mega-homes in the West End. We apologize that we are unable to be present at the hearing, because of a conflicting appointment today. At the suggestion of Errin Evans, we are registering our views via email Sincerely, Beate and Martin Block 311 W. North Aspen, 81611 (970) 925-7743 Martin Block, mblock(a northwestern.edu Professor of Physics and Astronomy Northwestern University, Evanston 60201, IL Home Phone: (970) 925-7743 eIOHN COLY.~TR'~ 1~"'~~~ S~bw~~k ~\ VJV ~~ ~~7U Cov~~~- ~~~~ ~~ Apri18, 2008 1-~-/~ ~-1 c7~ c To Whom It May Concern: Re: 322 West Smuggler variance request I am the neighbor who owns the property drrectly across the street `' i ~ , from the house referenced above. My address is 315 W. Smuggler. I have received the variance notice that was mailed to me. I have reviewed the owner's drawings which explain the purpose of the variance request and I am fully supportive of the request. If you have any questions, please feel free to call me on my cell at 704-607-1800. Very truly yours, ~'`~- John Collett Application Letter ASPEN OFFICF, 601 EAST HVMAN AVENUE ASPEN, COLORADO 81611 TELEPHONE (970) 925-1936 FACSIMILE (970) 920'4433 GLENWOOD SPRINGS OFFICE THE DENVER CENTRE 420 SEVENTH STREET, STE. 100 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE (970) 947-1936 FACSIMILE (970) 947-1937 March 10, 2008 website: www.garfieldhecht.com Mike Hoffman Emnrl: nrhn f frrtcrrr(a;~,=rrrfieldhec/rt.com AVON OFFICE AVON TOWN SQUARE, UNIT 104 0070 BENCHMARK ROAD Posr OFFICE Box 5450 AVON, COLORADO 81620 TELEPHONE (970)949-0707 FACSIMILE (970) 949-1810 BASALT OFFICE RIVER VIEW PLAZA too ELK RUN DR., SUITE 220 BASALT, COLORADO 81621 TELEPHONE:(97o)927-1936 FACSIMILE: (970) 927-1939 Ms. Jennifer Phelan Deputy Director, Community Development Department City of Aspen 130 S. Galena Street Aspen. Colorado 8161 1 Re: Request for Variances of Smuggler Investments, LLC For Property Located at 322 West Smuggler, Aspen, Colorado 81611 (the '`Property") Dear Jennifer: This letter is part of the application package of Smuggler Investments, LLC ("the Applicant") for two variances from the setback requirements of the R-6 zone district set forth in the Aspen Land Use Code (the "Code") as those requirements apply to Lots ] 0, 1 1 and 12, Block 40, Hallatn's Addition to the City of Aspen, commonly known as 322 West Smuggler in Aspen ("the Property"). Specifically the Applicant requests variances from the 10-foot minimum side yard setback required between two detached dwellings and the 10-foot minimum rear yard setback required for principal buildings in the R-6 district (Sections 26.710.040 D.S. and D.6., respectively). Existing Conditions. The Property is currently improved by a single family home. A copy of a survey which shows the existing conditions on the Property is enclosed with this letter as Exhibit A. A demolition permit has been issued for the house and it will be demolished as part of the redevelopment planned by the Applicant. As shown on the survey, 23 trees and other landscaping features exist on the Property. In addition, there are five other trees located within the City's right-of-way between the Property and GARFI ELD & H ECHT, P.C. ATTORNEYS AT LAW Since 1975 Icel. As permitted in the R-6 zone district on lots of 9,000 square feet or more, the Applicant intends to build two detached, residential dwellings on the Property. The area of the Property is 9,000 square Ms. Jennifer Phelan March 10, 2008 Page 2 The current survey of the Property (Exhibit A) shows the location of all of the significant trees on the site. As shown on the survey, the trees exist primarily along the east, north and west boundaries of the Property. 2. History of the Application Process. The Applicant has long been aware that existence of trees on the Property might pose a constraint on redevelopment of the Property. An architect working with the Applicant first met with the City's Parks Department on the Property in September of 2006 to discuss the issue. As a result of that meeting the architect believed that (1) the standard 10-foot set back along the west side of the Property would be sufficient to protect the trees located there, (2) the trees located along the alley in the center of the Property could be removed, and that (3) additional discussion was needed to establish an acceptable preservation plan for the trees located on the eastern property line. In addition, the Applicant understood from the meeting that it would be required to plant new cottonwoods between the front of the house and the Smuggler Street facade once construction was completed on the new homes. Following the September, 2006 meetings with the Parks Department, the Applicant began designing the project. The resulting plans and specifications (the "Original Plans") were completed early in 2007. A site plan which is consistent with the Original Plans is attached hereto as Exhibit B. The Applicant did not need a variance to build according to the Original Plans as those plans fully complied with all of the dimensional requirements of the R-6 zone district. Development according to the original plans would have established two regularly-spaced single family homes consistent with the neighborhood pattern. The Applicant's representatives met with Parks in March of last year to identify and create a preservation plan for important trees on the Property, including those trees located on the eastern property line. The result of those meetings was the "site plan" which is attached to this correspondence as Exhibit C. As shown on the Exhibit, Parks prohibited the Applicant from excavating within 12 feet of any part of the western property boundary to avoid damage to trees. At that time, the Parks Department was still willing to allow the Applicant to remove trees located along the alley in the center of the Property. Based on its revised understanding of what the Parks Department was willing to accept on the Property, the Applicant authorized a re-drafting of the plans and specifications for the project. The results are shown in the site plans enclosed as Exhibit D (referred to herein as the "Site Plan from the Second Set of Plans"). An application for building permit, including the Site Plan from the Second Set of Plans, was submitted to the City for permitting in the fall of last year. After the new plans were referred out to the Parks Department, a meeting with Parks was set up on the Property in late November. The result of that meeting was a substantially different set of no-build zones than had been used by the Applicant in creating the Site Plan from the Second Set of Plans. Representatives of the City and of the Applicant walked the site and placed flags around the drip lines of trees deemed important by the Parks Department. The areas defined by the flags were subsequently mapped in the No- Ms. Jennifer Phelan March 10, 2008 Page 4 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of the Aspen Area Community Plan and this Title; m sensitive land development to air and water quality, to life in this community must reflect the commitment to resources." "Sites should be developed and designed Elected and appointed Boards and Commissions should sues in all land use deliberations, discussions, and These policies have been implemented in the City's Municipal Code: The City Council finds that trees provide important environmental, aesthetic and health benefits to the residents and guests of the City which extend beyond the boundaries of the property upon which trees may grow. The City Council further finds that trees enhance the real estate values of property upon which trees grow and neighboring properties. Large trees are a resource which cannot be fully replaced if injured, damaged or removed. Property development and construction activities can result in injury or loss of valuable trees in the City. It is the intent of this Chapter to preserve to the fullest extent possible existing trees considered desirable by the Manager of Parks and Recreation or his or her designee as hereinafter set forth.' Chapter 13.20 of the Aspen Municipal Code delegates substantial authority to the Manager of Parks and Recreation (or his designee) for the purpose of identifying and preserving all deciduous trees having a trunk diameter of six inches or more, all coniferous trees with a diameter of four inches or more and certain other trees with smaller diameters as defined in the Municipal Code. It is unlawful to remove or damage any of the trees identified in the regulations without a permit from the Parks Department. The preservation of trees is not the only value advanced by the AACP. "The [AACP] considers the balance between the physical environment and the social well-being of Aspen." 3 The balance sought by the AACP is one in which local residents are allowed to make reasonable use of the property while conserving the natural environment. The Current Site Plan precisely represents a good balance between the competing interests described in the AACP. The Applicant wishes to construct a reasonable amount of floor area on the site while preserving the trees identified by the Parks Department as important. Extensive ~ pp. 34-35. Aspen Municipal Code, Section 13.20.010. 3 p. 3. preserve our environmental and wildlife with regard to the existing landscape." consider environmental and wildlife i ,a decisions. Ms. Jennifer Phelan March 10, 2008 Page 3 build "Zone Map dated January 8, 2008, which is attached hereto as Exhibit E. The Parks Department has now agreed that the trees located along the alley in the center of the Property may be removed. Based on its agreement with the Parks Department as memorialized in Exhibit E (absent the trees located along the alley in the center of the Property), the Applicant is in the process of developing a third set of plans and specifications for a redevelopment project which meets the requirements of the Parks Department and the City's other regulations, including, without limitation, the Residential Design Standards and International Building Code. A site plan of the Applicant's proposal is attached hereto as Exhibit F. The site plan shown in Exhibit F will be referred to herein as the "Current Site Plan.") The Parks Department is supportive of the Current Site Plan. 3. Variances Requested. The City requires that garages be located off the alley. The Code allows atwo-car garage for each dwelling unit. "fhe no-build zones located on the east and west boundaries of the Property reduce the available width of the parcel by almost one-third. There simply is not room for both garage structures, a 10-foot set back between the garage units and the two no-build zones.. A 4-foot variance from the requirements of Section 26.710.040 D.6. is therefore necessary. Code Section 26.710.040 U.S. permits a garage to boundary, but imposes a 10-foot setback from the pro no-build zones located in the northern one-third c percentage of the Property as the site for subgrad planned to build its guest master bedrooms in these here preserve the Applicant's ability to implement its program and not lose a guest master bedroom on the lower Icvcl. Each subgrade bedroom will be located below the corresponding garage from five to 10 feet of the property boundary. No disturbance of the surface other than that caused by construction of each garage is necessary. 4. Standards for Granting of Variance. Section 26.315.040 of the 1_and Use Code establishes the standards by which a variance request is to be assessed. Each of the relevant provisions of the Code is found below in italics. The Applicant's response to each of the standards immediately follows the excerpt from the Code. A. In order to authorize a variance from the dimensional regtirements of Title 26, the crppropriate decision-making body shall make a finding that the.follotia~ing three (3) circunastance.r exist: e development. The Applicant had long subgrade areas, The variances requested Ms. Jennifer Phelan March 10, 2008 Page 6 5. Conclusion. The constraints on the Property are the result of the City's preservation of important trees on the site. The Applicant's Current Site Plan represents a reasonable accommodation between the tree preservation ordinances and the other requirements of the Code, on one hand, and the rights accorded to owners of property located within the R-6 zone district on the other. Because the standards set for the granting of variances established in Code Section 26.315.040 are met here, we respectfully request that the Board of Adjustment grant the variances described in this application. Sincerely, GARFIELD AND HECHT, P.C. rz.~/~ - Michael Hoffman Of Counsel Table of Exhibits Exhibit A -Current Survey Exhibit B - Site Plan from Original Plans Exhibit C - March 2007 Site Plan Exhibit D -Site Plan from the Second Set of Plans Exhibit E - No-build zone Map Exhibit F - Current Site Plan Exhibit G -Requested Variances Ms. Jennifer Phelan March 10, 2008 Page 5 discussions took place between the Applicant and the City before the balance approach described here was finally achieved. This application simply seeks to preserve that balance. 1. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and The Parks Department and the Applicant have worked diligently to minimize the variances needed to accomplish the City's goal of preserving significant trees and the Applicant's goal of preserving a program which represents a reasonable use of the Property. The result is the minimal variances requested here. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of [he following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance wild not confer upon the applicant arty special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings or structures, in the same zone district. Other 9,000 square foot parcels located within the R-6 zone district may be developed from one set back line to the set back line located on the other side of the parcel. The establishment of no- build zones on this Property prevents the use of otherwise developable land. These no-build zones are unique to this Property and restrict the area which is available for development. While other parcels may also be constrained by trees designated for preservation by the Parks Department, no other parcel is subject to the unique pattern of no-build zones which applies [o this Property. The requirements to develop outside the no-build zones and to comply with Code provisions which apply to all parcels within the R-6 zone district (including those not burdened with no-build zones) create a hardship which precipitated the Applicant's need for the variances requested here. The no-build zones imposed by the Parks Department are "special conditions and circumstances which are unique to the" Property, which do not apply to other parcels in the R-6 zone district. These conditions exist not because of any act taken by the Applicant, but because trees were planted on the site many years ago. These trees have now grown to be community resources regulated by the Parks Department. Granting of the variance here will not confer some special benefit on the Property which is not available to other parcels in the neighborhood. Variances are often granted to accommodate special conditions on a parcel which make it practically difficult to build in strict compliance of all of the various constraints imposed by the Code. 'L^. Project: Applicant: Location: Zone District: Lot Size: Lot Area: ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Commercial net leasable: Existing: - Proposed: -" Number of residential units: Existing: I Proposed: 2 Number of bedrooms: Ezisting.•_~_Proposed: ~ Proposed % of demolition (Historic properties only):, DIMENSIONS: Floor Area: Principal bldg. height: Access. bldg. height: On-Site pazking: Site coverage: Open Space: Front Setback: Reaz Setback: Combined F/R: Side Setback: Side Setback: Combined Sides: Distance Between Buildings Existing: ~~ l a Allowable: I ~ g ~ Proposed.• -I V~~ J Existing: 3 O Allowable: 25 ~ ~ roposed: 2`(• ~' I/31 Existing: Allowable: h 0. Proposed: Existing: ~ Required: z Per unit Proposed:~~Cn' Ln ~ ~)v/ Existing: 2~~1o Required:~O~ohs~k• Proposed: 34°le Existing: "-'" Existing: ~ Existing: rJ~~ Existing: "~ Existing: r' ~ Existing: Zl ~ Existing: -" Existing _Required.•_ 1' 4 --Proposed: tJ -Required: (0 Proposed:~_ ~ r ~ -Required: ~~ Proposed:~_ -Required: K a Proposed: "' -Required: (Q, Proposed: 1D, '~ -Required: 17~, ~ Proposed.•~ -Required: n~a Proposed:/ _ Reguired.~~~Proposed.• 6 Existing non-conformities or encroachments: r '.r~'~w may, \~~ Variations requested: Variance from 1) the required minimum setback often (10) feet between two detached dwellings (Section 26.710.040 D.6., Minimum side yard) and 2) the required minimum setback of ten (10) feet for prinapal buildings (Section 26.710.040 D.5., Minimum rear yard). (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 J