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HomeMy WebLinkAboutlanduse case.boa.941-943 E Hyman.004-04 >"'""", ,/ AGENDA ASPEN BOARD OF ADJUSTMENT Special Meeting THURSDAY, June 24, 2004 4:00 PM CITY COUNCIL MEETING ROOM I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES III. DECLARATION OF CONFLICTS OF INTEREST IV. PUBLIC HEARINGS A. Case 04-04 - Appeal of an Administrative Decision Related to the Erroneous Web site Information--941 E. Hyman V. ADJOURN PUBLIC NOTICE RE: 943 E. HYMAN/303 CLEVLAND STREET APPEAL OF ADMINISTRATIVE DECISION NOTICE IS HEREBY GIVEN that a public hearing will be held on Thursday, June 24, 2004 at a meeting to begin at 4:00 p.m. before the Aspen Board of Adjustment, City Council Chambers, 130 S. Galena St., Aspen, to consider an appeal by the owner of the above cited property of an administrative decision as it relates to the calculation of floor area and a request for a floor area exemption of 50% for an Accessory Dwelling Unit (ADD) due to information provided on the City of Aspen website. For further information, contact Sarah Oates at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 920-5441, saraho@ci.aspen.co.us. sOOck Head Chair, Aspen Board of Adjustment Published in the Aspen Times on June 9, 2004 City of Aspen Account NOTICE OF PUBLIC HEARING. / CASE #04-04 Before the City of Aspen Board of Adjustment TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE V ARlANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the BASEMENT MEETING ROOM, City Hall, Aspen, Colorado, (or at such other place as the meeting may be 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 are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, you are urged to state your views by letter, particularly 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 vanance. Particulars of the hearing and requested variance are as follows: Date and Time of Meetinl!: Date: June 24, 2004 Time: 4:00 P.M. Owner for Variance: Representative for Variance: Name: 303 Associates, LLC Herb Klein Klein, Cote & Edwards, PC 201 N. Mill Street, Suite 203 Aspen, CO 81611 Address: 1900 Telegraph Rd, Suite 200 Bloomfield Hills, MI 48302 Location or description of property: 941 & 943 E. Hyman (aka 303 S. Cleveland), Lots H & I, Block 35, East Aspen Addition Variances Requested: This is an appeal by the owner of the above cited property of an administrative decision as it relates to the calculation of floor area and a request for a floor area exemption of 50% for an Accessory Dwelling Unit (ADD) due to information provided on the City of Aspen website. Will applicant be represented bv Counsel: YES: X NO: The City of Aspen Board of Adjustment 130 S. Galena Street Aspen, CO 81611 Rick Head, Chairman ,..., "'~.Y MEMORANDUM TO: Board of Adjustment THRU: Julie Ann Woods, Community Development~t~~~t~r Chris Bendon, Senior Long Range Planner '()lINV\ Sarah Oates, Zoning Officer <70 FROM: RE: Appeal of an Administrative Decision Related to the Erroneous Website Information-94l E. Hyman DATE: June 24, 2004 SUMMARY: The Community Development Department received a building permit application from the owner of 941 E. Hyman Avenue (aka 303 S. Cleveland) in March 2003. Staff was unable to issue the permit because the applicant had not satisfied the code requirements despite several revisions. The owner hired Charles Cunniffe Architects in March 2004, several weeks prior to the expiration of the permit, to submit a compliant plan. Again, zoning was unable to sign off on the permit because the application did not comply with the code, most notably; a 50% floor area exemption had been taken for the Accessory Dwelling Unit. Ordinance 46 of 2001 had removed that exemption from the code in 2001. The architects based their floor area calculations on the online code which contained incorrect information (see Exhibit A and B of Herb Klein's letter dated April 20, 2004). In a letter dated May 17,2004, staff determined that the owner was not entitled to a 50% floor area exemption for an ADU and that the applicant was subject to Ordinance 46 of200l and any other amendments in effect at the time of building permit submittal. The owner has appealed staffs determination. APPLICANT/COMPLAINTANT: 303 Associates LLC represented by Herb Klein BACKGROUND: Staff has been well aware of the inconsistencies in the online code and has made the City Clerk's office aware of those issues on more than one occasion. Based on discussions with the Clerk's office, they have had difficultly getting a response from the codification company. The contract has been terminated with the company and the Clerk's office now deals with code updates in-house. Herb Klein's letter, dated April 20, 2004, outlines the background of the case. The appellant asserts wrongdoing because staff did not "catch" the floor area mistake in one of the pre-application conferences with the architect. These meetings typically consist of staff being asked specific questions regarding the code and does not constitute a detailed plan review or determination of compliance. In fact, although not distributed for building permit pre-application conferences, the planning pre-application form states: "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 mayor may not be accurate. The summary does not create a legal or vested right. " "",-.. Further, Section 26.104.050 ofthe Aspen Municipal Code discusses void permits: 26.104.050 Void Permits. All persons are presumed to know the terms and requirements of this Title and the extent of the legal authority of the city and its employees, boards and commissions to issue development approvals or permits. Any permit or approval issued in error, or otherwise not in conformity with the requirements of this Title, shall be void Similarly, any permit or approval issued in reliance upon, or as a result 0,[, a materially false statement or representation made in the process of obtaining the permit or development approval shall, likewise, be void Any person having received a void or voidable permit or approval shall not be relieved from having to comply with all applicable terms and conditions of this Title and the city shall not be estoppedfromfully enforcing same. Therefore, even if staff has issued the permit and not caught the error with regards to the floor area exemption, the applicant would not be entitled to the exemption if at some later time the error was discovered. In fact, it is this last sentence that obligates staff to enforce the City's ordinances regardless of when an information error is realized. Second, the appellant asserts that the architect was directed by staff to use the website for code information. In a follow-up meeting, it was admitted by the architect that he had never been specifically directed to the on-line City of Aspen Land Use Code. City staff that works with architects, planners and others in the development community was well aware of the problem and, if aware that on-line code was being used as a resource, would have mentioned to the person there we inconsistencies in the code. Third, Charles Cunniffe Architects is a firm that does many residential projects in the area and should be knowledgeable of code language critical residential development that changed two and one-half years ago. Staff works with the firm on a regular basis and, in fact, has approved several projects in the last year that have complied with the current land use regulations, including a project in which 50% of the wall area was retained and a remodel was done to avoid mitigating with an Accessory Dwelling Unit or cash-in-lieu. DISCUSSION: The complainant is requesting that the Board of Adjustment reverse or modify the Community Development Director's conclusions and decision. Per Section 26.3l6.030(E) of the Land Use Code the Board must decide this case on the following standard: The decision-making body authorized to hear the appeal shall decide the appeal based solely upon the record established by the body from which the appeal is taken. Further, A decision or determination shall not be reversed or modified unless there is a finding that there is a denial of due process, or the administrative body has exceeded itsjurisdiction or abused its discretion. 2 ,......., -..' CONCLUSION: Staff finds there has been no denial of due process or abuse of discretion. The Community Development Director is obligated to apply the City's ordinances. Had the Community Development Director allowed a code that is now over 2 years old to apply to this permit, staff believes that would have constituted a denial of due process or abuse of discretion. The 200 I code change itself met all of the procedural requirements and was approved through the public hearing process. The code amendment is part of the public record and is available in the Clerk's office. Further, as outlined in Section 26.104.050, which is included on the previous page, applicants are not entitled to erroneous approvals or information given by the City of Aspen. Applicants are required to comply with the code in effect at the time of building permit submittal and requiring that of this applicant does not constitute a denial of due process or abuse of discretion. RECOMMENDATION: Staff recommends that the Board of Adjustment uphold the Community Development Director's administrative decision as it relates to application of Ordinance 46 of 2001 and any other regulations in effect at the time of building permit submittal in March 2003 as it is related to 941 E. Hyman Avenue (aka 303 S. Cleveland). RECOMMENDED MOTION: "I move to uphold the Community Development Director's administrative decision as it relates to application of Ordinance 46 of200l and any other regulations in effect at the time of building permit submittal in March 2003 as it related to 941 E. Hyman Avenue (aka 303 S. Cleveland)." EXHIBITS: Exhibit A-Letter of Appeal from Herb Klein, dated May 27, 2004 Exhibit B-Letter of Decision from City of Aspen, dated May 17,2004 Exhibit C-Initial Letter from Herb Klein, with exhibits, dated April 20, 2004 c:/ IhomcJsarahol codeappeal . doc 3 , " PUBLIC NOTICE RE: 943 E. HYMAN/303 CLEVLAND STREET APPEAL OF ADMINISTRATIVE DECISION NOTICE IS HEREBY GIVEN that a public hearing will be held on Thursday, June 24, 2004 at a meeting to begin at 4:00 p.m. before the Aspen Board of Adjustment, City Council Chambers, 130 S. Galena St., Aspen, to consider an appeal by the owner of the above cited property of an administrative decision as it relates to the calculation of floor area and a request for a floor area exemption of 50% for an Accessory Dwelling Unit (ADU) due to information provided on the City of Aspen website. For further information, contact Sarah Oates at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 920-5441, saraho@ci.aspen.co.us. s/Rick Head Chair, Aspen Board of Adjustment Published in the Aspen Times on June 3, 2004 City of Aspen Account May ,28, 2004 5:56PM HERBERT S. KLEIN, P,C. No, 3568 p, 1 KLEIN, COTE & EDWARDS, P.C. 201 N. Mill St., #203 Aspen, CO 81611 970-925-8700 970-92~-3977 flU: Herbert S. K1el. La... R. Cot< Joseph E. J:d1lVlrds, ill Medhu B. Kri,b.emarti LETTER OF FACSIMILE TRANSMISSION DATE: FAX NO: May 27,2004 920-5439 TO; FROM: RE: Sarah Oates Herb Klein Appeal Transmitting and/or Message: Letter dated 5/27/04 Total Number ofPali:es: 1 (plus one for this cover sheet) If you do not receive aU of the pages, please caU us at 970-925-8700 as soon as possible. lIyou are not the intended addressee ofthis document, we regret the inconvenience caused you by its receipt. We ask that you telephone us, colled, to make arrangement for its disposition. Beeause this document may contain privileged or confidentiallnfonnation intended only for the addressee, we must request that you take such steps as may be necessary to Insure that this transmission is either destroyed or retQmed to us at our expense. Thank you for your assistance. . . , ", -.....,.. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESSOFPROPERTy:q'f'1 At.t3 ~.~. 3.03S'~e~ SCHEDULED PUBLIC HEARING DATE: UVr-. - ;;;;-~ ,200=t- ST ATE OF COLORADO ) ) 55. County of Pitkin ) I, 5~ O~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ')< Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto, _ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted in a conspicuous place on the subj ect property at least fifteen (15) days prior to the public hearing 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, X Mailing olnotice, By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, 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 any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. To~ ~ L.o~ (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ~~ ;7 Sig aure ~ Th~oing "Affidavit of Notice" was acknowledged before me this .3 day of U~ , 20O"i, by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public Ll PUBLIC NOTICE RE: 943 E. HYMAN/303 CLEVELAND STREET APPEAL OF ADMINISTRATIVE DECISION NOTICE IS HEREBY GIVEN that a public hearing will be held on Thursday, June 24, 2004 at a meeting to begin at 4:00 p.m. before the Aspen Board of Adjustment. City Council Chambers, 130 S. Galena St., Aspen, to cons.lder an appeal. by th.e owner of the above cited property of an admimstratIve decISion as It relates to the calculation of floor area and a request for a ~oor are~ exemp~on ef :fl,,{Jor an Accessory Dwelling Unit (ADD) due to mfonual1on proVIded on the City of Aspen website. For further mfonual1on, contact Sarah Oates at the City of Aspen Community Develop~ent Department, 130 S. Galena St., Aspen, CO, (970) 920-5441, saraho@cl.aspen,co.us. - . slRick Head Chair, Aspen Board of Adjustment I THE em OF A5l'EN Published in the Aspen Times on June 9, 2004. """'.'. ",-' .' KLEIN, COTE & EDWARDS, P.c. 201 N. Mill St., #203 Aspen, CO 81611 970-925-8700 970-925-3977 fax Herbert S. Klein Lance R. Cote Joseph E. Edwards, III Madhu B. Krishnamurti June 18,2004 Via Email John Worcester City of Aspen Attorney 130 S. Galena St. Aspen, CO 81611 Re: Appeal of Community Development Direetor's Determination Denying Relief from Erroneous Information on City Municipal Code Website - 914 E. Hyman Ave. Dear John: This letter is in furtherance of our telephone conversation of earlier today. The above appeal has been scheduled to be heard by the Board of Adjustment ("BOA") on June 24, 2004. I am informed that the BOA only has four members and no alternates and is thus not duly constituted under the City Code, which requires that it has five permanent members plus two alternates. Since the BOA cannot hear the appeal, my client requests that this matter be heard by the City Council. We agree to waive any objection based on the Council hearing this appeal instead of the BOA. We would greatly appreciate your advising staff of this and asking them to schedule this matter with the Council as soon as possible. The outcome of the appeal has an effect on the construction of my client's residence, so time is of the essence. Please let me know as soon as this is scheduled. Thank you very much for your cooperation. I look forward to hearing from you shortly. Very truly yours, KLEIN COTE & EDWARDS P.C. By: S/S via email Herbert S. Klein cc: Craig Schubiner Janver Derrington N:\Schubinenworcester Itr 2.wpd i ~f I I ~~ C\J ! , - - I .~ * 2 0 I I ~ 2 <( ~. . E 1 c Q, ili i , I I I I I I I I I ~, \~ ~! ,'\, >1 I '~ \';/ ,~ \\1 'I, ..."" "".:.....1 :-;" , ,.'1 I \'i ! -1! ."1 I ,~ .:: ,:~ ,'\' I ' "-, ......' ". " " {../, . .,:/ . .... .....!,.. ....... ~~. ! i. ," ." "J I '''- I '-.. "'/ ~ 'i.::' ~;;'I '....... "'J .~ ~~ L9S6-U..OOll;:XVJ . I[L[...~' =nu . ;0.. OJ'lo/llf1Tlll."i1\V 00VII01OO '] on lOSO-i"l14Ill:XVj'06lOlH1lllOtl'llll'lD9IOO'5ONll.Js!~.ftltUS'aJI~iNWlOil. lSSHIl6Oi6 'llVl . ll6tt-s"E(i0i6 :JUl . 11911 00 'm.rsv . 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QO~~91 "'.~......--:~.\. ----p.J-- J ""'~" ':: ',;:::"'" ,// '.... --~"'" or' Z----r' ."........ "--.._.'--_ ---.. \~ I,' ) , q ') '\ (\ \'. j\ ~~ f ' ~ \, , jlJ · '1$ " f'\ n- ,I 1\1 o ~ ~ '--~-,>...,.-., -..,"._._~ P146 .....'...' \ 'J~V' .. ~ cak.. 10 ~ cvfC(P\ ~ (ev/itA ik;y r1hV'6 / Cit~ ~ut- fA tM/d,l'J ~r +bt vv€ (<'~ved . ~v- ML f~ Io.~~. . "~..._.".~~-,.,..,,,-,-~--.,,,~._.._.- ,",'", ....... MEMORANDUM TO: Mayor and City Council THRU: Julie Ann Woods, Community Development Director FROM: Sarah Oates, Zoning Officer RE: Appeal of an Administrative Decision Related to the Erroneous Website Information-94l E. Hyman DATE: August 23, 2004 SUMMARY: The Community Development Department received a building permit application from the owner of94l E. Hyman Avenue (aka 303 S, Cleveland) in March 2003. Staff was unable to issue the permit because the applicant had not satisfied the code requirements despite several revisions. The owner hired Charles Cunniffe Architects in March 2004, several weeks prior to the expiration of the permit, to submit a compliant plan. Again, zoning was unable to sign off on the permit because the application did not comply with the code, most notably; a 50% floor area exemption had been taken for the Accessory Dwelling Unit. Ordinance 46 of 2001 had removed that exemption from the code in 2001. The architects based their floor area calculations on the online code which contained incorrect information (see Exhibit A and B of Herb Klein's letter dated April 20, 2004). In a letter dated May 17,2004, staff determined that the owner was not entitled to a 50% floor area exemption for an ADU and that the applicant was subject to Ordinance 46 of 200 I and any other amendments in effect at the time of building permit submittal. The owner has appealed staffs determination, The Board of Adjustment (BOA) was originally scheduled to hear this appeal as one of their powers and duties is to hear and decide appeals from, and review any order, requirement, decision, or determination made by, any administrative official charged with the enforcement of this Title, This type of appeal per the code requires no less than four (4) members vote to overturn an administrative decision. Currently the BOA only has five (5) voting members, one of which has a conflict of interest in this case, therefore, the applicant was given the option of going to City Council. APPLICANT/COMPLAINT ANT: 303 Associates LLC represented by Herb Klein BACKGROUND: Staff has been well aware of the inconsistencies in the online code and has made the City Clerk's office aware of those issues on more than one occasion, Based on discussions with the Clerk's office, they have had difficultly getting a response from the codification company. The contract has been terminated with the company and the Clerk's office now deals with code updates in-house. Herb Klein's letter, dated April 20, 2004, outlines the background of the case. The appellant asserts wrongdoing because staff did not "catch" the floor area mistake in one of the pre-application conferences with the architect. These meetings typically consist of staff being asked specific questions regarding the code and does not constitute a detailed plan review or determination of compliance. In fact, although not distributed for building permit pre-application conferences, the planning pre-application form states: "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 mayor may not be accurate, The summary does not create a legal or vested right, " Further, Section 26.104,050 of the Aspen Municipal Code discusses void permits: 26.104.050 Void Permits. All persons are presumed to know the terms and requirements of this Title and the extent of the legal authority of the city and its employees, boards and commissions to issue development approvals or permits, Any permit or approval issued in error, or otherwise not in conformity with the requirements of this Title, shall be void Similarly, any permit or approval issued in reliance upon, or as a result of, a materially false statement or representation made in the process of obtaining the permit or development approval shall, likewise, be void Any person having received a void or voidable permit or approval shall not be relieved from having to comply with all applicable terms and conditions of this Title and the city shall not be estoppedfromfully enforcing same, Therefore, even if staff had issued the permit and not caught the error with regards to the floor area exemption, the applicant would not be entitled to the exemption if at some later time the error was discovered. In fact, it is this last sentence that obligates staff to enforce the City's ordinances regardless of when an information error is realized, Second, the appellant asserts that the architect was directed by staff to use the website for code information. In a follow-up meeting, it was admitted by the architect that he had never been specifically directed to the on-line City of Aspen Land Use Code. City staff that works with architects, planners and others in the development community was well aware of the problem and, if aware that on-line code was being used as a resource, would have mentioned to the person that there were inconsistencies in the code, Third, Charles Cunniffe Architects is a firm that does many residential projects in the area and should be knowledgeable of code language critical to residential development that changed two and one-half years ago. Staff works with the firm on a regular basis and, in fact, has approved several projects in the last year that have complied with the current land use regulations, including a project in which 50% of the wall area was retained and a remodel was done to avoid mitigating with an Accessory Dwelling Unit or cash-in-lieu. DISCUSSION: The complainant is requesting that the Aspen City Council, serving as the Board of Adjustment reverse or modify the Community Development Director's conclusions and decision. Per Section 26,316.030(E) of the Land Use Code the Council must decide this case on the following standard: The decision-making body authorized to hear the appeal shall decide the appeal based solely upon the record established by the bodY,from which the appeal is taken. Further, 2 '~'-"'---"--~'---""'^"- - - A decision or determination shall not be reversed or modified unless there is a finding that there is a denial of due process, or the administrative body has exceeded its jurisdiction or abused its discretion. CONCLUSION: Staff finds there has been no denial of due process or abuse of discretion, The Community Development Director is obligated to apply the City's ordinances. Had the Community Development Director allowed a code that is now over 2 years old to apply to this permit, staff believes that would have constituted a denial of due process or abuse of discretion. The 200 I code change itself met all of the procedural requirements and was approved through the public hearing process. The code amendment is part of the public record and is available in the Clerk's office. Further, as outlined in Section 26.104.050, which is included on the previous page, applicants are not entitled to erroneous approvals or information given by the City of Aspen, Applicants are required to comply with the code in effect at the time of building permit submittal and requiring that of this applicant does not constitute a denial of due process or abuse of discretion, RECOMMENDATION: Staff recommends that the City Council uphold the Community Development Director's administrative decision as it relates to application of Ordinance 46 of 2001 and any other regulations in effect at the time of building permit submittal in March 2003 as it is related to 941 E. Hyman Avenue (aka 303 S. Cleveland). RECOMMENDED MOTION: "I move to uphold the Community Development Director's administrative decision as it relates to application of Ordinance 46 of 2001 and any other regulations in effect at the time of building permit submittal in March 2003 as it related to 941 E. Hyman Avenue (aka 303 S. Cleveland)," CITY MANAGER'S COMMENTS: EXHIBITS: Exhibit A-Letter of Appeal from Herb Klein, dated May 27, 2004 Exhibit B-Letter of Decision from City of Aspen, dated May 17, 2004 Exhibit C-Initial Letter from Herb Klein, with exhibits, dated April 20, 2004 c:1 Ihome/saraho/ codeappealcc .doc 3 . .'--"".~-''-...".~---, '''--. - A RESOLUTION OF THE ASPEN CITY COUNCIL UPHOLDING THE DECISION MADE BY THE COMMUNITY DEVELOPMENT DIRECTOR REQUIRING THE OWNER lJE SUBJECT TO THE CODE IN EFFECT AT THE TIME OF BUILDING PERMIT FOR THE PROPERTY LOCATED AT 943 EAST HYMAN A VENUE (AKA 303 SOUTH CLEVELAND), CITY AND TOWNSITE OF ASPEN RESOLUTION NO. _' SERIES OF 2004 WHEREAS, the applicant, 303 Associates LLC, requested the property at 943 East Hyman Avenue be subject to an earlier code, particularly Ordinance 46 of 2001, due to erroneous information on the on-line code, and WHEREAS, the Community Development Director made a determination the property should be subject to the code in effect at the time of building permit submittal; including Ordinance 46 of200l; and WHEREAS, there was no abuse of discretion or denial of due process on the Community Development Directors part, and the Community Development Director did not exceed her jurisdiction; and WHEREAS, the Aspen City Council affirms that the proper procedures were followed and wishes to uphold the decision of the Community Development Director. NOW, THEREFORE, BE IT RESOLVED: City Council affirms the decision of the Community Development Director requiring 943 East Hyman, legally described as Lots H & I, Block 35, East Aspen Addition, be subject to the code in effect at the time of building permit submittal, particularly Ordinance 46 of 200 I, finding that there was no abuse of discretion or denial of due process on the Community Development Director's part, and the Community Development Director did not exceed her jurisdiction, APPROVED by the City Council at its regular meeting on this 9th day of August, 2004, ATTEST: MAYOR: Kathryn Koch, City Clerk Helen Kalin Klanderud _.'-~'~----""""-"'~"'-~-'.~".--- MaY,2S, 2004 5:56PM HERBERT S, KLEIN, P,C, No 3568' P 2 I" . KLEIN, COT~ & EDWARDS, PX-.l ~~RBeRT $.IQ.IlN lANC~ R. colt . JOSII'H l..llWARDs, 10 MAOHU 8, KIll!HNAMUfm Attorneys at Law h&kJei'n@rof.n.,. eo~.net j~Ot'l.com rnadhUClrof,net 201 NORTH MILL S'TRI;E'T Sum 203 ASPEN, COLORADO 81611 lOlephone (970) 92508700 Fa_'t (970) 1250"77 . afao IIdmitted In CaUfomta May 27, 2004 Via Facsimile 920-~43~ Sarah Oates City of Aspen Community Development Department 130 S. Galena S1. Aspen, CO 81611 Re: AppeaJ ofCommllnity Development Director's Determination Denying Relieffl'om Erroneolls Information On City Municipal Code Website _ 914 E. 'Hyman Ave. Dear Sarah: This letteris submitted on behalf of my client, Craig Schubiner and constitutes a notice of appeal of the decision of the Community Development Director, iS5ued on May 17, 2004, in which she denied his request for a floor area exemption for 50% of the square footage of a detached ADU. Mr. Schubiner's request was based upon his (and his architect's) reliance on the version of the City land use . code on the City's official website, which, we have detennined, 'was not properly updated to show that the code had been amended to delete the 50% exemption. The facts and details of this situation are set forth in my letter to John Worcester of April 20, 2004, a copy of which you indicated to me that you have and will prOvide to the :Soard of Adj ustment. Please consider that letter to be incorporated herein by this reference. After you have reviewed this letter, please call me to discuss scheduling the appeal hearing on this matter. Thank you very much for your cooperation. I look forward to hearing from you shortly. Very truly yours, KLEIN, COTE ~r:c By: ~_ rferbert S. Klein I'tlS<h.biner\oppotl-boa-oates Itr I. wpd - -"-'~"-"~---""=--~-'-~'"--'~- ~aY,27, 2004 5:16PM HERBERT S, KLEIN, p,C, No,3539 p, I KLEIN, co'nt & EDWARDS, P.c. 201 N. MJU St., #203 Aapea, CO 81611 970-925-8700 970-925-3977 In Herbert s. KIeia I.qu R. c... JooepIl E. Edward.,m M.A. B. KrIsIuw.IU1I LETTER OF FACSIMILE TRANSMISSION TO: FROM: RE: DATE: May 27, 2004 FAXNO: 920-5439 Sarah Oates Herb K1ebJ Appeal Tl'lIIISmittin.andlor Messap: Letter dated 5f1.7104 Total NlUDber ofPagea: 1 (plus one for this toYer sheet) If you do not reteive all of the pages, please eaIIus at 970-925-8700 as soon as possible. If you lrellot the intended addressee of this doeameat, we naret the mtoDVenienee ca1Ued you by iU receipt. We ask that you telephone IU, ton., to make anugemut for its disposition. Beeaus. this doeumeDt may eODtaJD Privi!eaed or eGDfidential i.Dformatiou mtended only for the addressee, we must request that you take such steps as may be nec~ to Uasure that thit tnnBmlssfoD is either destroyed or returned to as at oar expeDse. Thank yoa for your assistanee. -...~.~.----.._.-.<---_.._-~ """'" - LAW OFFICES OF HERBERT S. KLEIN & ASSOCIATES, P.c. HERBERT S. KLEIN hsklein@rof.net LANCE R. COT~ . cote@rof.net MAOHU B. KRISHNAMURTI madhu@rof.net . also admitted in California April 20, 2004 201 NORTH MILL STREET SUITE 203 ASPEN, COLORADO 81611 Telephone (970) 925-8700 Facsimile (970) 925-3977 Via Hand DeIive~ John Worcester City of Aspen Attorney 130 S. Galena St. Aspen, CO 81611 CITY ATTORNEY'S OFFICE .APR 21 2004 Re: Erroneous Information on City Municipal Code Website Dear John: This letter is in furtherance of our meeting last week wherein we discussed the problem my client has had as a result of erroneous information on the City of Aspen Municipal Code Website. You requested that I put into writing the facts and circumstances of this situation. My client's name is Craig Schubiner and the property is located at 941 Hyman Avenue. The nature of the problem is as follows. Mr. Schubiner is in the process of obtaining a building permit for the construction of a single family residence with a detached accessory dwelling unit ("ADU"). Mr. Schubiner's architects, Charles Cunniffe & Associates, have been working with the City Community Development office staff, primarily Sarah Oates and Denis Murray, with respect to preparation of the plans and their conformance with City of Aspen residential design guidelines and zone district regulations, including, applicable floor area. The architects were referred by various staff members to the on-line website for the municipal code as a reference for applicable code requirements. In this instance, the content of the on-line Code is obsolete and the architects relied on its information with respect to the 50% floor area bonus formerly allowed for detached ADU's. If you visit the City website, you can find a link to the Aspen Municipal Code. When you go to that site, it states on the first page titled "Preface" the following: "This document is current through Ordinance 47-2002 and the April 2003 code update. For further provisions, please consult the City." (See printout attached at Exhibit A). Once you enter this site and search for Code Section 26.757,020 Calculations and Measurements, you can see the floor area regulations and the provision titled "Detached ADU floor area bonus." This provision says that 50% of the measurable square footage of an ADU which is detached from the primary residence by a distance of no less than 10 feet and which has a footprint of no more than 625 square feet, is excluded from the calculation of floor area. (See printout dated Aprill4, 2004 attached at '""~-""'-'----...- I""' '-" John Worcester City of Aspen Attorney April 20, 2004 Page 2 Exhibit B). Mr. Schubiner's architects relied on this code section in preparing plans for the residence and in their meetings with staff. Plans were submitted showing a detached ADU with a footprint of approximately 325 square feet. The plans clearly list all of the elements making up the floor area calculations and state that the ADU is being counted at 162.5 square feet (e.g. one half of the 325 foot floor area of the detached ADU). A copy of the relevant page of the plans is attached hereto at Exhibit C, This calculation was in conformity with the Code as it appears on-line. Architects from Charles Cunniffe's office met with Sarah and Denis several times during February and March of this year and discussed floor area issues and ADU issues, particularly with respect to the necessity for a 10 foot separation in order that the ADU be considered detached. This was an important issue because if the ADU was not detached, it would count at 100% of the floor area. Notwithstanding detailed discussions and Sarah's and Denis' review of plans which occurred at several meetings including those on February 11 th and February 18th (copies of notes from these meetings are attached at Exhibit D), it was not until March 22nd, when the building plans had already been submitted for issuance of a building permit that the architects were informed by Sarah, during her plan check review, that the 50% density bonus for detached ADU's was deleted from the code by Ordinance 46- 200 I. She informed the architects, when they protested and told her that the code provisions on the website include a 50% density bonus, that she did not think the website has been updated in three years. She acknowledged that this change was not broUght to their attention during the pre-application meetings. A copy of a meeting memo by Janver Derrington (an architect with Charles Cunniffe & Associates), concerning the March 22nd meeting with Sarah Oates, is attached at Exhibit E. ~o" The architects were quite disturbed because in designing the house, working with Mr. Schubiner and preparing the construction drawings for the building permit, they fully relied on the Code provisions and staff input during the pre-application meetings, all of which led them to believe that the 50% density bonus was available. Their reliance is particularly reasonable in light of the discussions with staff about ensuring the separation of the ADU so it would be detached, the clear notations on the plans as to the calculations of the ADU floor area and the on-line Code's Preface which affirmatively stated that it was current to a date that was after the adoption of Ordinance 46-200 I. -z,Octl . After the March 22nd diSCUSSion, Janver Derrington, called the City Clerk and was told there was no complete copy of the Aspen Land Use Code that is more current than April, 2000. She told him that the website had been obsolete since December, 2001, and acknowledged that no warning was noted on the site. Mr. Derrington's notes concerning this conversation are contained in his internal memorandum of March 22, 2004, attached at Exhibit E. My client has been informed that he must redesign his residence to reduce the square footage of his house so that is does not exceed the current limits, Based upon the plans that were submitted for a - - ~_._._,.--~._~,,~,.~.-.~----.,--_.- ,...,'" '-....... -......... John Worcester City of Aspen Attorney April 20, 2004 Page 3 building permit, the house is in excess of floor area by 162.5 feet, the 50% of the ADU that would have been exempt under the code provisions on the website, but is no longer exempt as a result of Ordinance 46-200 I. His only other option is to pay cash in lieu and delete the ADU in its entirety. The cash in lieu amount is $215,000.00. Mr. Schubiner wants to have an ADU and does not want to pay $215,000 or reduce the size of the house. His architects relied on the code as shown on the website and spent considerable sums preparing the plans. We believe we have a clear case of governmental estoppel present in this situation and wish to obtain the City's agreement that this property is eligible for the 50% floor area bonus for a detached ADU, notwithstanding the adoption of Ordinance 46-2001. I'm sure you can appreciate the compelling nature of the evidence in this situation. The City website expressly states that the city code is current through a date which is well past the adoption of Ordinance of 46-2001. However, the code provisions had not been changed to reflect the adoption of that ordinance. Anyone who looks at the website for information is fairly warned by the preface (Exhibit A) and has the right to rely Upon it based upon its statement of currency. Furthermore, during several meetings with staff which focused on the plans as submitted, it was quite clear that the plans were based Upon 50% density bonus, yet it was not until the building plans had been submitted for permit that staff advised that 50% bonus was not available. I would greatly appreciate your review of this matter with staff and your determination that the property is entitled to the 50% density bonus. Please feel free to call me if you wish to discuss this in further detail or if you have any questions. I would appreciate your prompt attention to this matter as the building permit application is presently on hold at the building department and time for issuance of the building permit is running out, which could result in my client having to pay plan check fees allover again. Thank you very much for your cooperation. I look forward to hearing from you shortly. Very truly yours, Cc: Janver Derrington schubiner\worcester Itr l.wpd HERBERT S. KLEIN & ASSOCIATES, P.C, ft!( By: // ,// / rbe~ein ...-.-.,...,--~_.- Aspen Municipal Code "'...... '-' 1'1"'.... Page I ofl Preface "'<.('. h-\ ~ r} >4 This document is current through Ordinance 47-2002 and the Aprii, 2003 code update, For further Provisions piease consult the city, Copyright 2002 Book Publishing Company, All rights reserved. No part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written permission of the publisher, Published by: LexisNexis t3427 NE t6th Street Suite 150 Bellevue WA 98005 t-866-501-5155 www.lexisnexis.com/municic8ICOdes .'.lexisNexis'" Municipal Codes ~.o$, M~!)4- ~~PtF ~ ~ wd;t~. /-J-O ~ ~ ~O?; http://www.ordlink.comlcodes/aspenlpreface.htm -'~._-------~---" ~ Section 26.575.020 Calculatig~ and measurements. Cha ter 26,575 MISCELLANEOUS SUPPLEMENTAL REGULATIONS Page I of4 S ).. (tnt- B Section 26.575.020 Calculations and measurements. The purpose of this Section is to set forth supplemental regulations which relate to methods for calculating and measuring certain enumerated terms as used in this Title, The definitions of the terms are set forth at Section 26.104.100, A. Floor area. In measuring floor areas for floor area ratio and allowable floor area, the following applies: 1, General. In measuring floor area for the purposes of calculating floor area ratio and allowable floor area, there shall be included that floor area within the surrounding exterior walls (measured from their exterior surface) of a building, or portion thereof. 2. Decks, Balconies, Porches, Loaaias and Stairways. The calculation of the floor area of a building or a portion thereof shall not include decks, balconies, exterior stairways, terraces and similar features, unless the area of these features is greater than fifteen percent of the maximum allowable floor area of the building (the excess of the 15% shall be included). Porches shall not be Counted towards FAR. 3, Garaaes. Carports and Storaae Are.as, .For the purpose of calculating floor area ratio and allowable floor area for a lot whose principal use is residential, the area included within garages, carports, and storage areas shall be calculated as follows: a, Garages, carports, and storage areas shall be excluded from residential floor area calculations in all zone districts, except the R-1 58 zone district, as follows: Size of Garage, Area Excluded Per Dwelling Unit Carport, or Storage Area [First 0 to 250 s.f, 1100% of the area (maximum of 250 s.f.) [Next 251 s,f. -- 500 s.f. /50% of the area (maximum of additional 125 s,f.) ! ~reas above 500 s.f. IINo additional exclusion permitted For purposes of determining the amount of this exclusion per unit, the area of all garages, carports, and storage areas on the parcel shall be aggregated. b. The garage, carport, or storage area shall only be eligible for the amount of the exclusion shown in sub-section a, if the floor area that is developed on the property does not exceed three thousand five hundred (3,500) square feet per unit. If the floor area developed on the property exceeds three thousand five hundred (3,500) square feet per unit, then the maximum allowable exclusion for the garage, carport, or storage area shall be reduced by five (5) s.f. for each additional twenty (20) s.f. of floor area developed per unit on the property, 4. Subarade areas. To determine the Portion of subgrade areas that are to be http://www.ordlink.comlcodes/aspenl_DATA/Title 26/57Slmn ht~ I Section 26.575.020 Calculations and measurements. - '".. Page 2 of 4 included in calculating floor area, the following shall apply: a, For any story that is partially above and partially below natural or finished grade, whichever is lower, the total percentage of exterior surface wall area that is exposed above the most restrictive of the grades shall be the total percentage of the gross square footage of the subject story included in the floor area calculation, Subgrade stories with no exposed exterior surface wall area shall be excluded from floor area calculations. (Example: If flfteen (15) percent of the exterior surface wall area has been exposed above natural or finished grade (WhiChever is lower), then fifteen (15) percent of the gross square footage of the subject story will be included as floor area.) b. Also excluded from floor area calculations shall be any Portion of a subgrade accessory dwelling unit whose exterior surface wall area is exposed above grade for glass, window openings, doors, and similar ways of getting light and air into the unit, or that provides required Uniform Building Code egress to the unit. The maximum amount of this exclusion shall be one hundred (100) s.f of the floor area of the accessory dwelling unit. c. For any dwelling unit that can be accessed from an alley or private road entering at the rear or side of the dwelling unit, the garage or carport shall only be eligible for the exclusions described in sub-sections a. and b. if it is located along said alley or road. d. In the R-15B zone district only, garages, carports, and storage areas shall be excluded from residential floor area calculations up to a maximum of five hundred (500) square feet per dwelling unit. 5. (Repealed by Ord, No. 56-2000, 98) 6, Accessory Dwellinq . An Accessory Dwelling Unit shall be calculated and attributed to the allowable floor area for a parcel with the same inclusions and exclusions for calculating Floor Area as defined in this Section, unless eligible for an exemption as described below. Detached ADU Floor Area Bonus Fifty (50) percent of the net livable square footage of an ADU which is detached from the primary residence by a distance of no less than ten (10) feet and which is housed in a structure with a footprint of no more than 625 square feet shall be excluded from the calculation of Floor Area Mandatory Occupancv ADU Floor Area Bonus. Fifty (50) percent of the net livable square footage of an Accessory Dwelling Unit deed restricted to Mandatory Occupancy shall be excluded from the calculation of Floor Area. This mandatory occupancy . restricted requires the ADU be continuously Occupied by a local working residents, as defined by the Aspen/Pitkin County Housing Authority, for lease periods of six months or greater. The owner shall retain the right to select a qualified renter. Combined FAR Bonuses, If an ADU is eligible for both of the Floor Area bonuses described above, one hundred (100) percent of the net livable square footage of the ADU shall be excluded from the calculation of Floor Area, 7. Linked Pavilion. Any element linking the principal structure to an accessory structure shall not be included in the calculation of floor area provided that the linking http://www.ordlink.com/codes/aspenl_DATA/Title 26/'i7'i/n?n h"-l ," ""~"---"'''-''''-''''''<<''--"'-- .. ....'.....""._,...~......,-,-- , Section 26,575.020 Calculations and measurements. I - Page 3 of4 structure is no more than one (1) story tall, six (6) feet wide and ten (10) feet long, Areas of linking structures in excess of ten feet in length shall be counted in floor area, B. Building Heights. 1. Methods of Measurement for Varying Types of Roofs. a. Flat Roofs or Roofs With a Slope of Less Than 3:12. The height of the building shall be the maximum distance measured vertically from the natural or finished grade, whichever is lower, to the top or ridge of a flat, mansard, or other roof with a slope of less than 3:12. b. Roofs With a Slope From 3:12 to 7:12. For roofs with a slope from 3:12 to 7:12, height shall be measured vertically from the natural or finished grade, whichever is lower, to the mean height between the eave point and ridge of a gable, hip, gambrel or other similar pitched roof. The ridge of a gable, hip, gambrel, or other pitched roof shall not extend over five feet above the maximum height limit. c, Roofs With a Slope of 8:12 or Greater. For roofs with a slope of 8:12 or greater, height shall be measured vertically from the natural or finished grade, whichever is lower, to a point one-third (1/3) of the distance up from the eave point to the ridge. There shall be no limit on the height of the ridge, Chimneys and other appurtenances may extend up to a maximum of two (2) feet above the ridge. d. Chimneys, Antennas and Other Appurtenances. Antennas, chimneys, flues, vents or similar structures shall not extend over ten (10) feet above the specified maximum height limit, except for roofs with a pitch of 8:12 or greater, these elements may not extend more than two (2) feet above the ridge. Water towers, solar panels, and mechanical equipment shall not extend over five (5) feet above the specified maximum height limit. Church spires, bell towers and like architectural projections, as well as flag poles, may extend over the specified maximum height limit. 2, Exceotions for Buildinas on Slooes. The maximum height of a building's front (street facing) facade may extend for the first thirty (30) feet of the building's depth. 3. Exee tions for Areawa s Li htwells and Basement Stairwells, An areaway, lightwell or basement stairwell of less than one hundred (100) square feet, entirely recessed behind the vertical plane established by the portion of the bUilding facade which is closest to the street, and enclosed on all four sides to within eighteen (18) inches of the first floor level shall not be counted towards maximum permissible height. C, Lot Area. Except in the R15-B zone district, when calculating floor area ratio, lot areas shall include only areas with a slope of less than 20%. In addition, half (,50) of lot areas with a slope of 20-30% may be counted towards floor area ratio; areas with slopes of greater than 30% shall be excluded. The total reduction in FAR attributable to slope redUction for a given site shall not exceed 25%, Also excluded from total lot area for the purpose of floor area calculations in all Zone districts is that area beneath the high water line of a body of water and that area within a vacated right-of-way, or within an existing or proposed dedicated right-of-way or surface easement. Lot area shall include any lands dedicated to the City of Aspen or Pitkin County for the public trail system, any open irrigation ditch, or any lands SUbject to an above ground or below ground surface easement such as utilities that do not coincide with road easements, When calculating density, lot area shall have the same exclusions http://www.ordlink.cOmlcodes/aspenl_DATA/Title_ 26/575/020htm I ....,._~",.---^~.--...~.-""^'--~^ Section 26.575,020 Calculat~s Imd measurements. Page 4 of 4 and inclusions as for calculating floor area ratio except for exclusion of areas of greater than 20% slope. D. Site Coverage. Site coverage is typically expressed as a percentage, When calculating site coverage of a structure or building, the exterior walls of the structure or building at ground level should be used. Porches, roofs, or balcony overhangs, cantilevered building elements and similar features extending directly over grade shall be excluded from maximum allowable site coverage calculations. E. Volume. 1, Dividino Areas. The volume of a dwelling shall be calculated by first dividing all of the areas within the dwelling that count as floor area into distinct rooms, corridors, or other spaces, and then multiplying the floor area of each room, corridor, or other space by the plate height of that room, corridor, or other space. 2. Different Plate Heiohts. Where any room, corridor, or other space in a dwelling has walls with different plate heights, volume shall be calculated by using the average of all of the plate heights within the room, as depicted in the following illustration: · b I b .!iD. tIoor j Section w/oqwII_1us. &lotion wtdlll'mllt _Ius. i". b' Typicol Room Add bt. of cornea Divide by_of_ Equals....... plalo bt. d c a+b~C""df"_"" a IYCf3lIe p_.... 4 , Plan No, 55-2000, 9 14; Ord. No, 56-2000, 995, 6, 8) (Ord. No. 44-1999, 9 7; Ord. http://www.ordlink.cOmlcodes/aspenl_DATA/Title ?F.1';7<;/{\")(\ t.~, .. -"'.~'--"----~~"~-~";"- ""- ,","_...,,-~--_. CHARLES CUNNIFFE AR~ITECTS 610 E. HYMAN AVE. ASPEN, CO 81611 PHONE (970)925-5590 FAX (970)925-5076 ~khrt '0 MEETING/PHONE MEMO ~. ~m DATE: C'2 / //'cJ-j- TIME: 4- ;O;J / TALKED WITH: "';;)!;:2/'02/1 Ut2'I:&S Phone #: Uv-;/?/S 1J1I/1t"V~ CGC v,€b , ^ PROJECT: ::;;52 C/ft',!/t/.t'??:1d JOB #: C::;LtJ5 COMPANY: Regarding, \ iCf7.2; S~'b?nl//a/ ;-,z,V/~./ . ARCHITECTURE PLANNING INTERIORS NOTES: A / ~ /_1 ... J""" -- - I" --..,.A""'....,,.. I ' 1 rr~ ;r,::; ;;:;;'4.UJ ,.,q,:t-"1/ 0-'V',14'1, J :=''4''', 1.;>'1 r7,jIOlJA.;'", <::.f..... ,-"""""':r""-.,, ,?:l/)!?Y-/1 !j,',,,lc..(;' .?./;h d~'/."';?"'1 ,>'),H/d.0Jf/"; r~,n"'/J y"/f"t/'P..f--' 0" '-:<:S..IJ.J.:u,-/? / m?,,'i ..~ 'A \./j'Y!4/1./',"',J. I, m j v,.., m,.".-;"'; /1'1-::1';"';" ~d'~.. /AJ/0 /2. <'A n.,:;.,J'rl. 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(:;~,"-t:-;// -^ "..,.!:. .,' ,- -j' ,J.--t.,'t l 'B ,,:.'..{': t' ~ " ,," .~ :Vllle " MEMORANDUM TO: Mayor and City Council THRU: Julie Ann Woods, Community Development Director Sarah Oates, Zoning Officer ~ FROM: RE: Appeal of an Administrative Decision Related to the Erroneous Website Information-94l E. Hyman DATE: August 23, 2004 SUMMARY: The Community Development Department received a building permit application from the owner of 941 E, Hyman Avenue (aka 303 S. Cleveland) in March 2003, Staff was unable to issue the permit because the applicant had not satisfied the code requirements despite several revisions, The owner hired Charles Cunniffe Architects in March 2004, several weeks prior to the expiration of the permit, to submit a compliant plan. Again, zoning was unable to sign off on the permit because the application did not comply with the code, most notably; a 50% floor area exemption had been taken for the Accessory Dwelling Unit. Ordinance 46 of 2001 had removed that exemption from the code in 2001. The architects based their floor area calculations on the online code which contained incorrect information (see Exhibit A and B of Herb Klein's letter dated April 20, 2004). In a letter dated May 17,2004, staff determined that the owner was not entitled to a 50% floor area exemption for an ADU and that the applicant was subject to Ordinance 46 of200l and any other amendments in effect at the time of building permit submittal. The owner has appealed staffs determination. The Board of Adjustment (BOA) was originally scheduled to hear this appeal as one of their powers and duties is to hear and decide appeals from, and review any order, requirement, decision, or determination made by, any administrative official charged with the enforcement o{this Title, This type of appeal per the code requires no less than four (4) members vote to overturn an administrative decision. Currently the BOA only has five (5) voting members, one of which has a conflict of interest in this case, therefore, the applicant was given the option of going to City Council. APPLICANT/COMPLAINTANT: 303 Associates LLC represented by Herb Klein BACKGROUND: Staff has been well aware of the inconsistencies in the online code and has made the City Clerk's office aware of those issues on more than one occasion. Based on discussions with the Clerk's office, they have had difficultly getting a response from the codification company, The contract has been terminated with the company and the Clerk's office now deals with code updates in-house, Herb Klein's letter, dated April 20, 2004, outlines the background of the case. The appellant asserts wrongdoing because staff did not "catch" the floor area mistake in one of the pre-application conferences with the architect. These meetings typically consist of staff being asked specific questions regarding the code and does not constitute a detailed plan review or determination of compliance, In fact, although not distributed for building permit pre-application conferences, the planning pre-application form states: "The fiJregoinfS summary is advisory in nature only and is not binding on the City The ,K " '. summary is based on current zoning, which is subject to change in the future, and upon factual representations that mayor may not be accurate, The summary does not create a legal or vested right. " Further, Section 26,] 04.050 of the Aspen Municipal Code discusses void permits: 26.104.050 Void Permits. All persons are presumed to know the terms and requirements of this Title and the extent of the legal authority of the city and its employees, board5 and commissions to issue development approvals or permits, Any permit or approval issued in error, or otherwise not in conformity with the requirements of this Title, shall be void. Similarly, any permit or approval issued in reliance upon, or as a result 0,[, a materially false statement or representation made in the process of obtaining the permit or development approval shall, likewise, be void Any person having received a void or voidable permit or approval shall not be relievedfrom having to comply with all applicable terms and conditions of this Title and the city shall not be estopped Ji'om fully enforcing same, Therefore, even if staff had issued the permit and not caught the error with regards to the floor area exemption, the applicant would not be entitled to the exemption if at some later time the error was discovered, In fact, it is this last sentence that obligates staff to enforce the City's ordinances regardless of when an information error is realized. Second, the appellant asserts that the architect was directed by staff to use the website for code information. In a follow-up meeting, it was admitted by the architect that he had never been specifically directed to the on-line City of Aspen Land Use Code. City staff that works with architects, planners and others in the development community was well aware of the problem and, if aware that on-line code was being used as a resource, would have mentioned to the person that there were inconsistencies in the code. Third, Charles Cunniffe Architects is a firm that does many residential projects in the area and should be knowledgeable of code language critical to residential development that changed two and one-half years ago. Staff works with the firm on a regular basis and, in fact, has approved several projects in the last year that have complied with the current land use regulations, including a project in which 50% of the wall area was retained and a remodel was done to avoid mitigating with an Accessory Dwelling Unit or cash-in-lieu. DISCUSSION: The complainant is requesting that the Aspen City Council, serving as the Board of Adjustment reverse or modify the Community Development Director's conclusions and decision. Per Section 26.3l6.030(E) of the Land Use Code the Council must decide this case on the following standard: The decision-making body authorized to hear the appeal shall decide the appeal based solely upon the record established by the body from which the appeal is taken. Further, 2 ..._--~----,"~~,_.,,~,-,~.~_..~~- ." .'.. '" ;,.r A decision or determination shall not be reversed or modified unless there is a ,finding that there is a denial of due process, or the administrative body has exceeded itsjurisdiction or abused its discretion. CONCLUSION: Staff finds there has been no denial of due process or abuse of discretion, The Community Development Director is obligated to apply the City's ordinances. Had the Community Development Director allowed a code that is now over 2 years old to apply to this permit, staff believes that would have constituted a denial of due process or abuse of discretion. The 2001 code change itself met all of the procedural requirements and was approved through the public hearing process. The code amendment is part of the public record and is available in the Clerk's office. Further, as outlined in Section 26,104,050, which is included on the previous page, applicants are not entitled to erroneous approvals or information given by the City of Aspen. Applicants are required to comply with the code in effect at the time of building permit submittal and requiring that of this applicant does not constitute a denial of due process or abuse of discretion, RECOMMENDATION: Staff recommends that the City Council uphold the Community Development Director's administrative decision as it relates to application of Ordinance 46 of 2001 and any other regulations in effect at the time of building permit submittal in March 2003 as it is related to 941 E, Hyman Avenue (aka 303 S. Cleveland). RECOMMENDED MOTION: "I move to uphold the Community Development Director's administrative decision as it relates to application of Ordinance 46 of 200 I and any other regulations in effect at the time of building permit submittal in March 2003 as it related to 94] E, Hyman Avenue (aka 303 S. Cleveland)." CITY M~GER" COM!', ""'-: ~ ~ r:r~, ~:.~;~p;::: . EXHIBITS: Exhibit A-Letter of Appeal from Herb Klein, dated May 27, 2004 Exhibit B-Letter of Decision from City of Aspen, dated May] 7, 2004 Exhibit C-Initial Letter from Herb Klein, with exhibits, dated April 20, 2004 c:1 IhomeJsarahol codeappealcc. doc 3 A RESOLUTION OF THE ASPEN CITY COUNCIL UPHOLDING THE DECISION MADE BY THE COMMUNITY DEVELOPMENT DIRECTOR REQUIRING THE OWNER BE SUBJECT TO THE CODE IN EFFECT AT THE TIME OF BUILDING PERMIT FOR THE PROPERTY LOCATED AT 943 EAST HYMAN AVENUE (AKA 303 SOUTH CLEVELAND), CITY AND TOWNSITE OF ASPEN RESOLUTION No.'33, SERIES OF 2004 WHEREAS, the applicant, 303 Associates LLC, requested the property at 943 East Hyman Avenue be subject to an earlier code, particularly Ordinance 46 of 2001, due to erroneous information on the on-line code, and WHEREAS, the Community Development Director made a determination the property should be subject to the code in effect at the time of building permit submittal, including Ordinance 46 of200l; and WHEREAS, there was no abuse of discretion or denial of due process on the Community Development Directors part, and the Community Development Director did not exceed her jurisdiction; and WHEREAS, the Aspen City Council affirms that the proper procedures were followed and wishes to uphold the decision of the Community Development Director. NOW, THEREFORE, BE IT RESOLVED: City Council affirms the decision of the Community Development Director requiring 943 East Hyman, legally described as Lots H & I, Block 35, East Aspen Addition, be subject to the code in effect at the time of building permit submittal, particularly Ordinance 46 of 200 I, finding that there was no abuse of discretion or denial of due process on the Community Development Director's part, and the Community Development Director did not exceed her jurisdiction, APPROVED by the City Council at its regular meeting on this 9th day of August, 2004. ATTEST: MAYOR: Kathryn Koch, City Clerk Helen Kalin Klanderud Ma..27. 2004 5:16PM HERBERT S, KLEIN, P,C, r- . KLEIN, corE if EDWARDS, P.l:': I No,3539 P 2 r;X?tI\~; t'X V HEl\BERT S, KlI!IN LANeS R. cort . J()S!PH e. EDWARDS, III IIADHU .. KItJIHtlAMURTI h5k1l1nGrof.ne( eottOtvf.n.t JodyOvlnk>n.c:om madhu@:rof.net Attorneys at Law . alG ;a,dmlttad in ~Ifotrt'a 201 NORTH MILL STREeT SUITE 2a3 MPEN. COLORADO ..." T.,.ph.... (G70) G2W700 Foeslmll. (970) 9254971 May 27, 2004 Via Facsimile 0-5439 Sarah Oates City of Aspen ColDIllunity Development Department 130 S. Galena St. Aspen. CO 81611 Re: Appeal ofCommWliey Development Direetor's DetennlDadon DenylDl ReHeffrom Erroneous Infonnation on Ciey Municipal Code Website - 914 E. Hyman Ave. Dear Sarah: This letter is submitted on behalf ofmy client, Craig Schubiner and constitutes a notice of appea1 of the decision of the Community Development Director, issued on May 17, ;2004, in which she denied his request for a floor area exemption for 50010 of the square footage of a detached ADU. Mr. Schubiner's request was based upon his (and his architect's) leHanee on the version of the City land use code on the City's official website, which, we have determined, was not properly updated to showthat the code had been amended to delete the 50010 exemption. The filets and details of this situation are set forth in my letter to Jolm Worcester of April 20, 2004, a copy ofwbich you indicated to me that you have and will provide to the Board of Adjustment. Please consider that letter to be incorporated herein by this reference. After you have reviewed this letter, please call me to discuss scheduling the appea1 hearing on this matter. Thank you vet'j much for your cooperation. I look forward to hearing from you shortly. Very truly yours, KLEIN, corE & EDWARDS, P.C. "'H~ N:~ltr1.wpd ,..-, , , 0h JO(} \"- SF .... May 17,2004 . ASPEN / PITKIN Herb Klein Herbert S. Klein' & Associates, P .C, 201 N, Mill Street, Suite 203 Aspen, CO 81611 1~ I . RE: ~E. Hyman Avenue COMMUNITY DEVEWPMENT DEPARTMENT Dear Herb: This letter is a follow up to our discussion on May II, 2004 in which we discussed the floor area regulations which were in effect prior to the adoption of Ordinance 46 of 200 I which were mistakenly included in the online code that your client referenced, Community Development staff has determined that this permit is subject to the requirements of the code in effect at the time of building permit submittal, which in this case March 2003,. The amendments to the code (Ordinance 46 of 2001) were in effect and should have beeI,l followed, as pointed out by Sarah Oates. Therefore, the proposed Accessory Dwelling Unit (ADU) is not eligible for a 50% floor area exemption and the permit, as currently proposed, does not comply with the floor area requirements of the RMF zone district. ' Administrative decisions may be appealed to the Board of Adjustment per Section 26,316. Please feel free to work with Sarah Oates if you intend to pursue this option. The Chief Building Official, Stephen Kanipe, has agreed to do an administrative extension of the building permit application, which was to expire March 26, 2004, until this matter is resolved. Please contact me at 920-5100 with any questions. Regards; , ~ ~Development D~rector Cc: John Worcester, City Attorney Sarah Oates, Zoning Officer 130 SoUTH GALENA STREET. A5PEN, COLORAOO 816-11-1975 . PHONE 970.9205090 . FAX 970.920.5439 .-.- LAW OFFICES OF \ GM,/u:f \lC (I " HERBERT S. KLEIN & ASSOCIATES, P.e. HERBERT S. KLEIN hsklein@rof.net LANCE R. COTE * cote@rof.net MADHU B. KRISHNAMURTI madhu@rof.net 201 NORTH MILL STREET SUITE 203 ASPEN, COLORADO 81611 Telephone (970) 925-8700 Facsimile (970) 925-3971 April 20, 2004 * also admitted in California Via Hand Delivery John Worcester City of Aspen Attorney 130 S, Galena St. Aspen, CO 81611 CITY mOONEY'S OFFICE APR 2 1 2nn~ 00.0 '; Re: Erroneous Information on City Municipal Code Website Dear John: This letter is in furtherance of our meeting last week wherein we discussed the problem my client has had as a result of erroneous information on the City of Aspen Municipal Code Website. You requested that I put into writing the facts and circumstances of this situation. My client's name is Craig Schubiner and the property is located at 941 Hyman Avenue. The nature of the problem is as follows, Mr. Schubiner is in the process of obtaining a building permit for the construction of a single family residence with a detached accessory dwelling unit ("ADU"), Mr. Schubiner's architects, Charles Cunniffe & Associates, have been working with the City Community Development office staff, primarily Sarah Oates and Denis Murray, with respect to preparation of the plans and their conformance with City of Aspen residential design guidelines and zone district regulations, including, applicable floor area. The architects were referred by various staff members to the on-line web site for the municipal code as a reference for applicable code requirements, In this instance, the content ofthe on-line Code is obsolete and the architects relied on its information with respect to the 50% floor area bonus formerly allowed for detached ADO's. If you visit the City website, you can find a link to the Aspen Municipal Code. When you go to that site, it states on the first page titled "Preface" the following: "This document is current through Ordinance 47-2002 and the April 2003 code update. For further provisions, please consult the City," (See printout attached at Exhibit A). Once you enter this site and search for Code Section 26.757.020 Calculations and Measurements, you can see the floor area regulations and the provision titled "Detached ADU floor area bonus," This provision says that 50% of the measurable square footage of an ADU which is detached from the primary residence by a distance of no less than 10 feet and which has a footprint of no more than 625 square feet, is excluded from the calculation of floor area, (See printout dated April 14, 2004 attached at - ......, /""'...., ,'.'..,.. John Worcester City of Aspen Attorney April 20, 2004 Page 3 building permit, the house is in excess of floor area by 162.5 feet, the 50% of the ADU that would have been exempt under the code provisions on the website, but is no longer exempt as a result of Ordinance 46-2001. His only other option is to pay cash in lieu and delete the ADU in its entirety. The cash in lieu amount is $215,000,00. Mr. Schubiner wants to have an ADU and does not want to pay $215,000 or reduce the size of the house. His architects relied on the code as shown on the website and spent considerable sums preparing the plans. We believe we have a clear case of governmental estoppel present in this situation and wish to obtain the City's agreement that this property is eligible for the 50% floor area bonus for a detached ADU, notwithstanding the adoption of Ordinance 46-2001. I'm sure you can appreciate the compelling nature of the evidence in this situation. The City website expressly states that the city code is current through a date which is well past the adoption of Ordinance of 46-2001. However, the code provisions had not been changed to reflect the adoption of that ordinance. Anyone who looks at the website for information is fairly warned by the preface (Exhibit A) and has the right to rely upon it based upon its statement of currency. Furthermore, during several meetings with staff which focused on the plans as submitted, it was quite clear that the plans were based upon 50% density bonus, yet it was not until the building plans had been submitted for permit that staff advised that 50% bonus was not available. I would greatly appreciate your review of this matter with staff and your determination that the property is entitled to the 50% density bonus. Please feel free to call me if you wish to discuss this in further detail or if you have any questions. I would appreciate your prompt attention to this matter as the building permit application is presently on hold at the building department and time for issuance of the building permit is running out, which could result in my client having to pay plan check fees all over again. Thank you very much for your cooperation. I look forward to hearing from you shortly, Very truly yours, HERBERT S. KLEIN & ASSOCIATES, P.C, /7 ti:/ .'.. .- By: . .// ,/ " rbekein Cc: Janver Derrington schubiner\worcester Itr l.wpd Aspen Municipal Code , -, Page 1 of I '- J Preface This document is current through Ordinance 47-2002 and the April, 2003 code update, For further provisions please consult the city, Copyright 2002 Book Publishing Company_ All rights reserved, No part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written permission of the publisher. Published by: LexisNexis t 3427 NE 16th Street Suite 150 Bellevue WA 98005 1-866-501-5155 www.lexisnexis.com/municioalcodes .'. lexisNexis'" Iv\unicipal Codes http://www.ordlink.com/codes/aspen/preface.htm 4/13/2004 ~ectlOn L6,575,020 Calculations and measurements, ",." ~'" Page I of 4 .....,;/ '""..... Chapter 26,575 MISCELLANEOUS SUPPLEMENTAL REGULATIONS Section 26.575.020 Calculations and measurements. The purpose of this Section is to set forth supplemental regulations which relate to methods for calculating and measuring certain enumerated terms as used in this Title, The definitions of the terms are set forth at Section 26.104,100. A. Floor area. In measuring floor areas for floor area ratio and allowable floor area, the following applies: 1, General, In measuring floor area for the purposes of calculating floor area ratio and allowable floor area, there shall be included that floor area within the surrounding exterior walls (measured from their exterior surface) of a building, or portion thereof, 2. Decks, Balconies, Porches, LOGGias and Stairways, The calculation of the floor area of a building or a portion thereof shall not include decks, balconies, exterior stairways, terraces and similar features, unless the area of these features is greater than fifteen percent of the maximum allowable floor area of the building (the excess of the 15% shall be included), Porches shall not be counted towards FAR, 3, GaraGes, Carports and StoraGe Areas, For the purpose of calculating floor area ratio and allowable floor area for a lot whQse principal use is residential, the area included within garages, carports, and storage areas shall be calculated as follows: a, Garages, carports, and storage areas shall be excluded from residential floor area calculations in all zone districts, except the R-15B zone district, as follows: Size of Garage, Area Excluded Per Dwelling Unit Carport, or Storage Area IFirst 0 to 250 s.f. 11100% of the area (maximum of 250 sJ.) I INext 251 sJ. -- 500 s, f. 150% of the area (maximum of additional 125 s, f,) IAreas above 500 s,f, IINO additional exclusion permitted I For purposes of determining the amount of this exclusion per unit, the area of all garages, carports, and storage areas on the parcel shall be aggregated. b. The garage, carport, or storage area shall only be eligible for the amount of the exclusion shown in sub-section a, if the floor area that is developed on the property does not exceed three thousand five hundred (3,500) square feet per unit. If the floor area developed on the property exceeds three thousand five hundred (3,500) square feet per unit, then the maximum allowable exclusion for the garage, carport, or storage area shall be reduced by five (5) sJ, for each additional twenty (20) s,f, of floor area developed per unit on the property, 4, SubGrade areas, To determine the portion of subgrade areas that are to be http://www.ordlink.com/codes/aspetll_DATAlTitle_ 26/57 5/020.html 4/14/2004 Section 26,575,020 Calculations and measurements. h, Page 2 of 4 included in calculating floor area, the following shall apply: a, For any story that is partially above and partially below natural or finished grade, whichever is lower, the total percentage of exterior surface wall area that is exposed above the most restrictive of the grades shall be the total percentage of the gross square footage of the subject story included in the floor area calculation, Subgrade stories with no exposed exterior surface wall area shall be excluded from floor area calculations. (Example: If fifteen (15) percent of the exterior surface wall area has been exposed above natural or finished grade (whichever is lower), then fifteen (15) percent of the gross square footage of the subject story will be included as floor area,) b, Also excluded from floor area calculations shall be any portion of a subgrade accessory dwelling unit whose exterior surface wall area is exposed above grade for glass, window openings, doors, and similar ways of getting light and air into the unit, or that provides required Uniform Building Code egress to the unit. The maximum amount of this exclusion shall be one hundred (100). s.f of the floor area of the accessory dwelling unit, c, For any dwelling unit that can be accessed from an alley or private road entering at the rear or side of the dwelling unit, the garage or carport shall only be eligible for the exclusions described in sub-sections a, and b, if it is located along said alley or road. d. In the R-15B zone district only, garages, carports, and storage areas shall be excluded from residential floor area calculations up to a maximum of five hundred (500) square feet per dwelling unit. 5, (Repealed by Ord. No. 56-2000, ~ 8) 6, Accessory Owe/ling . An Accessory Dwelling Unit shall be calculated and attributed to the allowabie floor area for a parcel with the same inclusions and exclusions for calculating Floor Area as defined in this Section, unless eligible for an exemption as described below, Detached ADU F/oor Area Bonus Fifty (50) percent of the net livable square footage of an ADU which is detached from the primary residence by a distance of no less than ten (10) feet and which is housed in a structure with a footprint of no more than 625 square feet shall be excluded from the calculation of Floor Area Mandatory Occuoancv ADU Floor Area Bonus, Fifty (50) percent of the net livable square footage of an Accessory Dwelling Unit deed restricted to Mandatory Occupancy shall be excluded from the calculation of Floor Area, This mandatory occupancy restricted requires the ADU be continuously occupied by a local working residents, as defined by the Aspen/Pitkin County Housing Authority, for lease periods of six months or greater. The owner shall retain the right to select a qualified renter, Combined FAR Bonuses, If an ADU is eligible for both of the Floor Area bonuses described above, one hundred (100) percent of the net livable square footage of the ADU shall be excluded from the calculation of Floor Area, 7. Linked Pavilion. Any element linking the principal structure to an accessory structure shall not be included in the calculation of floor area provided that the linking http://www.ordlink.comlcodes/aspen/_DATA/Title_26/575/020.html 4/14/2004 , Section 26,575.020 Calculations and measurements. , -""''''' Page 3 of 4 ~ structure is no more than one (1) story tall, six (6) feet wide and ten (10) feet long. Areas of linking structures in excess of ten feet in length shall be counted in floor area. 8, Building Heights. 1, Methods of Measurement for Varying Types of Roofs. a. Flat Roofs or Roofs With a Slope of Less Than 3:12, The height of the building shall be the maximum distance measured vertically from the natural or finished grade, whichever is lower, to the top or ridge of a flat, mansard, or other roof with a slope of less than 3:12. b, Roofs With a Slope From 3:12 to 7:12, For roofs with a slope from 3:12 to 7:12, height shall be measured vertically from the natural or finished grade, whichever is lower, to the mean height between the eave point and ridge of a gable, hip, gambrel or other similar pitched roof, The ridge of a gable, hip, gambrel, or other pitched roof shall not extend over five feet above the maximum height limit. c, Roofs With a Slope of 8:12 or Greater, For roofs with a slope of 8:12 or greater, height shall be measured vertically from the natural or finished grade, whichever is lower, to a point one-third (1/3) of the distance up from the eave point to the ridge, There shall be no limit on the height of the ridge, Chimneys and other appurtenances may extend up to a maximum of two (2) feet above the ridge, d. Chimneys, Antennas and Other Appurtenances. Antennas, chimneys, flUes, vents or similar structures shall not extend over ten (10) feet above the specified maximum height limit, except for roofs with a pitch of 8:12 or greater, these elements may not extend more than two (2) feet above the ridge, Water towers, solar panels, and mechanical equipment shall not extend over five (5) feet above the specified maximum height limit. Church spires, bell towers and like architectural projections, as well as flag poles, may extend over the specified maximum height limit. 2. Exceptions for Buildinos on Slopes. The maximum height of a building's front (street facing) facade may extend for the first thirty (30) feet of the building's depth. 3, Exceptions for Areawavs, Liahtwells and Basement StailWells, An areaway, Iightwell or basement stairwell of less than one hundred (100) square feet, entirely recessed behind the vertical plane established by the portion of the building facade which is closest to the street, and enclosed on all four sides to within eighteen (18) inches of the first floor level shall not be counted towards maximum permissible height. C. Lot Area. Except in the R 15-8 zone district, when calculating floor area ratio, lot areas shall include only areas with a slope of less than 20%. In addition, half (.50) of lot areas with a slope of 20-30% may be counted towards floor area ratio; areas with slopes of greater than 30% shall be excluded, The total reduction in FAR attributable to slope reduction for a given site shall not exceed 25%. Also excluded from total lot area for the purpose of floor area calculations in all zone districts is that area beneath the high water line of a body of water and that area within a vacated right-of-way, or within an existing or proposed dedicated right-of-way or surface easement. Lot area shall include any lands dedicated to the City of Aspen or Pitkin County for the public trail system, any open irrigation ditch, or any lands subject to an above ground or below ground surface easement such as utilities that do not coincide with road easements, When calculating density, lot area shall have the same exclusions http://www.ordlink.com/codes/aspen/ _ DATA/Title _26/57 5/020,html 4/14/2004 Section 26.575,020 Calculations 1md measurements. ",", Page 4 of 4 - and inclusions as for calculating floor area ratio except for exclusion of areas of greater than 20% slope, 0, Site Coverage. Site coverage is typically expressed as a percentage. When calculating site coverage of a structure or building, the exterior walls of the structure or building at ground level should be used. Porches, roofs, or balcony overhangs, cantilevered building elements and similar features extending directly over grade shall be excluded from maximum allowable site coverage calculations, E, Volume. 1, Dividino Areas. The volume of a dwelling shall be calculated by first dividing all of the areas within the dwelling that count as floor area into distinct rooms, corridors, or other spaces, and then multiplying the floor area of each room, corridor, or other space by the plate height of that room, corridor, or other space, 2, Different Plate Heiohts. Where any room, corridor, or other space in a dwelling has walls with different plate heights, volume shall be calculated by using the average of all of the plate heights within the room, as depicted in the following illustration: · b . b (...11_ L See-riM wteqtl.'\l cosner fa s..~ticm. wldifft:rtnt COttle! hts. "a b Tyric.l Roo", Add he of oorne" Divide by number of =_ Equal< ...rap: pl..e be , d .: , 3+b.c~d ' = a\'Cf.1ge .phu:e ht 4 Plan No. 55-2000, S 14; Ord. No. 56-2000, SS 5, 6, 8) (Ord, No, 44-1999, S 7; Ord, http://www.ordlink.com/codes/aspen/ _ DA T NTitle _26/57 5/020.html 4/14/2004 CHARLES CUNN!FFE 610 E. HYMAN AVE. PHONE (970)925-5590 "...... AR\"".,!TECTS ASPEN, CO 81611 FAX (970)925-5076 ~ ~. ~~ MEETING/PHONE MEMO NOTES: ,1'-/ ,- '-'!.....I ''..,..; ,. /~c,~ ....... ~'-'....;,,/ PROJ ECT:~Z~) 2' ~;>:'>:.~ ,:/v:...;;:,2--.;: ~:" ,ct JOB #: C),~:;.()::~ COMPANY: Regarding , ,;D~~I S:..:;~bj.')f;//~~-.J/ r-i:i....~,<:zJ/V ARCHITECTURE PLANNING INTERIORS DATE: TIME: ..? ;,:; ) , I . -/ l .""'''''-t..J.;.~/ TALKED WITH: .,:S":.l0-'t:-//,;2/7 C,i;j' /0'.:; Phone #: n-.,'//,~- //if/t"I4U./ _t;.,.r,/ lei '-...' / -.... 01 / II'u/1- ,l/'''-?'Y'}//1/5 5",1'/'21 "Or',,/',/, .r;""'"Y,,~'f~Jii-' 9pii,-, I,'.'" t''1'/4Iu/vi-!<, E7?.....VC;h..Y':,dJ ..(2".,~,I')I/,.'''-'''j ,~.,! ....u;:'.' /c<, ,.Q/}h ,r; "''''::',~1../:;.\''/'~;!' ;!--1 .';&-:'t_l/i,-::l!/;'t/? ~~'~&:V:.rj J.-;":~Oe?~:'-' , l.,'C'" . 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""""_"'1 ri~~t ':;:~,:':L~~', c"",-~,.....~"'-"~- FOllOW UP REQUIRED: BY: COPIES TO: , \~, l ';.... - "'".*'----',_..."".." ,....., CHARLES CUNNIFFE A~ITECTS 610 E. HYMAN AVE. ASPEN, CO 81611 PHONE (970)925-5590 FAX (970)925-5076 ~, DATE: :::' TIME: , ~ ,;,,' f i , TALKED WITH::.,"C Phone #: ,.-, ~. ~riJ MEETING/PHONE MEMO ~:::::--~:::-.':':: ,.~ "" '"-, PROJECT: JOB#: COMPANY: ,,' , ""--'- R,egar<;1ing ,A<~L.~LI (,~~, , '" ' C)---:- ':,,",1 .-, "..,,',.'_.-~ t ARCHITECTURE PLANNING INTERIORS ~ ~ -- -::;. / .-., ,-",~.,i,' , , t C( (~; CL::)"~,",, = FOLLOW UP REQUIRED: " E f~~ /C-;~.cJ. C';-~~~>'" C !;,c~.,-,-;-- -1--1'1 'i<::.-,/ { h~ ~.~,,~;,,". .""~; 1" T}....,~"i;~~',..... (:'}' ..::';,. "~;:" ~ <-7....;:"J.~,'jt ,-;-oj-. 7,~ j.... !.I} -:;::,!__;.', 't,,-;',/~;.. -7-'L /' ' .... , ,^ I ~~ '~ (", r ~ "'" i?,lr-. V';""''''-,":,P,.l.::-; .....r /:,,,, ",-'" /. .',' :,:.~,./.;... ~,<, r--~ . ,-.~t. ;-r'1,~::,: '",-<,:. 'J~ r t'.. . " /-'1 1:)<:" /l/" ,,": ,., ."'i, /; '::,,~, /;;r:o;o:.'f' .,.;"~. r .;: //~ /" .A;'~.IO/~:, cL <5-~A r ./).'/"r[,~.."" D"-;;;:.-c.:;.y':- [/ 'j ,<"", :$I ,; c- t: ':1";, '......r " " F'~ ," ~,' .- ....;',",'!--... (~ "'~~ :.1"'7:' ,<f<./) !~_. ,-U- "''-"l-. .y,.t\ . , ,BY:. /_): '--.- " COPIES TO: f f: , , , I ,,;--',. ,-r-- f,;.-C "C";':'-,'t"J...,. ~~. ,f .- \. ,- /; (" .... ~ 1./' .. City of Aspen and Pitkin County - 100.I Page 1 of 2 News Articles & Press Releases i;'J t~ A,: '/,:1 n,:::.; d 3,: ,"If,::!] Kick-off for City/County New Website Release Date: November 14, 2002 Released By: City Type of Information: Press Release Contact: Linda Gerdenich, Director of Com RelationS/Communi 970/920-5082 Email: Iindaae(6lci.asoen NEW: aspenpitki FOR IMMEDIATE RELEASE Nan Sundeen, Director of Community Re 970/920-5209 Emall: nans@Q.i!2)-!.n WEnS KI~,K8Jtf~~l~E ~\:SS'TEO Aspen, Colorado 14 November, 2002 The community is invited to a series of Web Kick Off's, for www.aspenpitkin.com. Staffwii/ be available to assist in locating information and receive community feedback regarding the new site, The City of Aspen and Pitkin County recently launched a new website that is focused on providing access to http://www, aspenpitkin,comJapps/news/news _item_detail. cti11?N ewsItemID= 103 7/~OIf\,f City of Aspen and Pitkin County ...., ~ "",,, a new website that is focused on providing a~ to significantly more government information. Page 2 of2 Web Kick-Off sessions will be held in Sister Cities Room of City Hall on: Monday, November 18 - 8am- 1pm & 3- 7pm, Tuesday, November 19 - 8am- 1pm, Thursday, November 21 - 3-7pm, Friday, November 22 - 8am-1pm & 3- 5pm, With a new "look", featuring photo images of the Maroon Bells and the Silver Queen Gondola, the content will allow for more-up to-date information, emergency aierts, meeting agendas and minutes, press releases, and a calendar of events. Customer information requests wili be tracked to determine just what customers want to access, Come and play on the new website,www.aspenpitkin.com and provide your input. Refreshments and give aways' Information contact, 920-S082. Take a look and see what you think www.as[Jen[Jitkin.com. ### Linda Gerdenich Director of Community Reiations / Communications linda!l!'~_asl!en.co.uj; (970) 920-5082 Office (970) 274-2478 Celi http://www.aspenpitkin.comlapps/news/news _item_detail. c frn?N ewsItemID= 103 7/28/04 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADORE" OF PROPERTY 9 L/ / c/ V13 r;: fJ Y yAa!<j,., co SCHEDULED PUBLIC HEARING DATE: '7!)j. /04- . ,200_ I STATE OF COLORADO ) ) SS. County of Pitkin ) I, , ~ C1 WI '(LS 1--1 'v,~t (-', p1=, prin') being or presenting an Applicant to the City 0 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: v;,ublication of notice: By the publication in the legal notice section of an official ~ ~aper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing, A copy of the publication is attached h<<(,'eto, I _ Posting of notice: By posting of notice, which form was obtained from 'he Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide andtwenty-six (26) inches high, and which was composed ofletiers not . less than one inch in height. Said notice was posted at least fifteen (15~ays prior to the public hearing and was continuously visible from the _ d~y of ,200_, to and including the date and time of the ~ublic hearing. A photograph of the posted notice (sign) is attached hereto, _ Mailing of notice, By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.3()4.060(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 any federal agency, state, county, municipal govemment, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto, (continued on next page) Rezoning or text amendment, Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ,- ~ The fc:sint;Affidavit of Notice" w.as ~cknowledged befL:.m~3> day of U ,200~,by ~. ""- 1 PUBUC NOTICE RE: 941 & 943 E. HYMAN/ 303 CLEVELAND STREET APPEAL OF ~INISTRA.TIVE DECISION NOTICE IS HEREBY N that a public hearing will be held on Mond August 9, 2004 at a meet. Ing to begin al 5:.00 p . before the Aspen City Council, City Council beTS, 130 S. Galena St., Aspen, to consider an appeal by the owner of the above cited property of an administrative decl. sion as It relates to the calculation of floor area and a ~t lor "a Door area eJ[emptlon of 50% for.an AccedQtYDwelllng Unit (ADU) due to in- formation~ro~ on the City 01 Aspe-n webslte. For furt'tid~" ',,* , contact Sarah Oates at the'Dty of~' ", unity Developmeo.' De- partment, 1305. t., As~, CO, (970) 920- 5441, saraho@cl.aspen.c us. (Helen Kalin KIanderud Mayor, Aspen City Council Published in The Aspen Times on July 24, 2004. (1769) WITNESS MY HAND AND OFFICIAL SEAL ~ /~ ~I O?t- My commissio~XPires: ~ ,-J Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL