HomeMy WebLinkAboutlanduse case.boa.18 Westview Dr.006-02
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AGENDA
ASPEN BOARD OF ADJUSTMENT
THURSDAY, OCTOBER 17, 2002
4:00 PM
SPECIAL MEETING
CITY COUNCIL MEETING ROOM
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II. MINUTES (10/10/02)
III. DECLARATION OF CONFLICTS OF INTEREST
IV. PUBLIC HEARING
A. Case #02-06,18 Westview Drive, Lot 10, Block 2, Knollwood
Subdivision
V. ADJOURN
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... A'OTICE OF PUBLIC HEARING
CASE #02-06
Before the City of Aspen Board of Adjustment
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONlNG OR USE VARIANCE
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: October 17, 2002
Time: 4:00 P.M.
Owner for Variance:
Representative for Variance:
Name:
Lawrence Koppelman
Stan Mathis
Address:
18 Westview Drive
Aspen, CO 81611
7515 Coal Creek Circle
Widefield, CO 80911
Location or description of property:
18 Westview Drive, Lot 10, Block 2, Knollwood Subdivision
Variances Requested:
The applicant is requesting the following variances: a) development greater than twenty-four (24) inches
above natural grade in the front yard setback and a .5 (one-half) percent increase in the maximum allowable
slope from twelve (12) percent to twelve and one-half(l2.5) percent for construction of the north driveway;
and b) development greater than thirty (30) inches above natural grade in the west side yard setback and a
six (6) percent increase in the maximum allowable slope from twelve (12) percent to eighteen (18) percent
for the construction/re-configuration of the west driveway.
Will applicant be represented bv Counsel: YES: NO: X
The City of Aspen Board of Adjustment
130 S. Galena Street
Aspen, CO 81611
Charles Paterson, Chairman
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MEMORANDUM
TO:
Board of Adjustment
THRU:
Joyce Ohlson, Deputy Director
Sarah Oates, Zoning Officer S; 0
FROM:
RE:
18 Westview Drive-Lawrence Koppelman
DATE:
October 17, 2002
SUMMARY: The applicant requests a variance from the maximum allowable slope for a
driveway and the maximum allowable grading for the reconstruction of one driveway and
the construction of another. The property is currently developed with a single-family home
and a driveway which would not meet the standards of the current code. The applicant is
seeking to build a single-family home and reconfigure the access to the lot and residence.
The applicant seeks the following variances for the two driveways:
1. Existing Driveway: Our code allows for the maximum slope of a driveway to be
12%. Further, in side and rear yard setbacks the grade cannot be altered more than 30"
above or below natural grade. The existing driveway has a slope of 33% in one area. The
applicant is requesting to reconfigure this driveway by altering the grade more than 30"
which would then create at 18% slope.
Variances for Existing Driveway: A) Alter grade more than 30" and B) Variance
of 6% to increase maximum slope from 12% to 18%.
2. Proposed Driveway: The applicant is proposing to move the garage to the
northeast side of the property and therefore the access. The driveway would be aligned
through the front yard setback, which allows for grading no more than 24" above or below
natural grade, and the maximum slope for the driveway would again exceed 12%.
Variances for Proposed Driveway: A) Alter grade more than 24" and B) Variance
of .5% to increase maximum slope from 12% to 12.5%
The parcel is a 21,607 square foot lot in the R -15B zone district, currently developed with a
single-family home. The property contains slopes in excess of20% and heavy vegetation.
Please refer to the attached drawings and written information provided by the applicants for
a complete presentation ofthe proposed variance.
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APPLICANT:
Lawrence Koppleman, represented by Stan Mathis
LOCATION:
18 Westview Drive, Lot 10, Block 2, Knollwood Subdivision
REVIEW STANDARDS AND ST AFF EVALUATION: Pursuant to Section 26.108.040
of the Municipal Code, in order to authorize a variance from the dimensional requirements
of Title 26, the Board of Adjustment shall make a finding that the following three (3)
circumstances exist:
1. Standard: The grant of the variance will be generally consistent with the purposes,
goals, objectives, and policies of the Aspen Area Comprehensive Plan and this title.
Response: Granting the variance will not conflict with the goals of the Aspen
Area Comprehensive Plan or the requirements of the Aspen Municipal Land
Use Code.
2. Standard: The grant of the variance is the minimum variance that will make
possible the reasonable use of the parcel, building, or structure.
Response: Reasonable use of the parcel already exists, as there is an existing,
useable driveway on the parcel.
3. Standard: Literal interpretation and enforcement of the terms and provisions of
this title would deprive the applicant of rights commonly enjoyed by other parcels
in the same zone district, and would cause the applicant unnecessary hardship or
practical difficulty. In determining whether an applicant's right would be deprived,
the board shall consider whether either of the following conditions apply:
a. There are special conditions and circumstances which are unique to the parcel,
building or structure, which are not applicable to other parcels, structures or
buildings in the same zone district and which do not result from the actions of the
applicant; or
b. Granting the variance will not confer upon the applicant any special privilege
denied by the Aspen Area Comprehensive Plan the terms of this title to other
parcels, buildings or structures, in the same zone district.
Response: The applicant would not be deprived of any rights commonly
enjoyed by other parcels in the same zone district should the variance not be
granted. The applicant already has an existing driveway and does not have to
have a second access. Further, the alignment could be designed in such a way
that no variance would be required.
ALTERNATIVES: The Board of Adjustment may consider any of the following
alternatives:
APPLICANT:
Lawrence Koppleman, represented by Stan Mathis
LOCATION:
18 Westview Drive, Lot 10, Block 2, Knollwood Subdivision
REVIEW STANDARDS AND STAFF EVALUATION: Pursuant to Section 26.108.040
of the Municipal Code, in order to authorize a variance from the dimensional requirements
of Title 26, the Board of Adjustment shall make a finding that the following three (3)
circumstances exist:
1. Standard: The grant of the variance will be generally consistent with the purposes,
goals, objectives, and policies of the Aspen Area Comprehensive Plan and this title.
Response: Granting the variance will not conflict with the goals of the Aspen
Area Comprehensive Plan or the requirements of the Aspen Municipal Land
Use Code.
2. Standard: The grant of the variance is the minimum variance that will make
possible the reasonable use of the parcel, building, or structure.
Response: Reasonable use of the parcel already exists, as there is an existing,
useable driveway on the parcel.
3. Standard: Literal interpretation and enforcement of the terms and provisions of
this title would deprive the applicant of rights commonly enjoyed by other parcels
in the same zone district, and would cause the applicant unnecessary hardship or
practical difficulty. In determining whether an applicant's right would be deprived,
the board shall consider whether either of the following conditions apply:
a. There are special conditions and circumstances which are unique to the parcel,
building or structure, which are not applicable to other parcels, stmctures or
buildings in the same zone district and which do not result from the actions of the
applicant; or
b. Granting the variance will not confer upon the applicant any special privilege
denied by the Aspen Area Comprehensive Plan the terms of this title to other
parcels, buildings or structures, in the same zone district.
Response: The applicant would not be deprived of any rights commonly
enjoyed by other parcels in the same zone district should the variance not be
granted. The applicant already has an existing driveway and does not have to
have a second access. Further, the alignment could be designed in such a way
that no variance would be required.
AL TERNA TIVES: The Board of Adjustment may consider any of the following
alternatives:
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MEMORANDUM
TO:
Board of Adjustment
THRU:
Joyce Ohlson, Deputy Director
Sarah Oates, Zoning Officer S; 0
FROM:
RE:
18 Westview Drive-Lawrence Koppelman
DATE:
October 17,2002
SUMMARY: The applicant requests a variance from the maximum allowable slope for a
driveway and the m[L'(imum allowable grading for the reconstruction of one driveway and
the construction of another. The property is currently developed with a single-family home
and a driveway which would not meet the standards of the current code. The applicant is
seeking to build a single-family home and reconfigure the access to the lot and residence.
The applicant seeks the following variances for the two driveways:
1. Existing Driveway: Our code allows for the maximum slope of a driveway to be
12%. Further, in side and rear yard setbacks the grade cannot be altered more than 30"
above or below natural grade. The existing driveway has a slope of 33% in one area. The
applicant is requesting to reconfigure this driveway by altering the grade more than 30"
which would then create at 18% slope.
Variances for Existing Driveway: A) Alter grade more than 30" and B) Variance
of 6% to increase maximum slope from 12% to 18%.
2. Proposed Driveway: The applicant is proposing to move the garage to the
northeast side of the property and therefore the access. The driveway would be aligned
through the front yard setback, which allows for grading no more than 24" above or below
natural grade, and the maximum slope for the driveway would again exceed 12%.
Variances for Proposed Driveway: A) Alter grade more than 24" and B) Variance
of .5% to increase maximum slope from 12% to 12.5%
The parcel is a 21,607 square foot lot in the R-15B zone district, currently developed with a
single-family home. The property contains slopes in excess of20% and heavy vegetation.
Please refer to the attached drawings and written information provided by the applicants for
a complete presentation of the proposed variance.
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.,/ Approve the variance as requested.
.,/ Approve the variance with conditions.
.,/ Table action to request further information be provided by the applicants or interested
parties.
.,/ Deny the variance finding that the review standards are not met.
RECOMMENDATION: Staff recommends that the request for a) development
greater than twenty-four (24) inches above natural grade in the front yard setback and
a .5 (one-halt) percent increase in the maximum allowable slope from twelve (12)
percent to twelve and one-half (12.5) percent for construction of the north driveway;
and b) development greater than thirty (30) inches above natural grade in the west side
yard setback and a six (6) percent increase in the maximum allowable slope from twelve
(12) percent to eighteen (18) percent for the construction/re-configuration of the west
driveway be denied finding that Standards 2 and 3 have not been met.
RECOMMENDED MOTION: (All motions are worded in the affirmative) "I move to
approve a) development greater than twenty-four (24) inches above natural grade in the front
yard setback and a .5 (one-half) percent increase in the maximum allowable slope from
twelve (12) percent to twelve and one-half (12.5) percent for construction of the north
driveway; and b) development greater than thirty (30) inches above natural grade in the west
side yard setback and a six (6) percent increase in the maximum allowable slope from twelve
(12) percent to eighteen (18) percent for the construction/re-configuration of the west
driveway finding the review standards have been met."
d:\home\saraho\boa\2002\ 18westview .doc
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RESOLUTION NO. 06
Series of 2002
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 02-06 RELATING
TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF 18 WESTVIEW,
LOT 10, BLOCK 2, KNOWLWOOD SUBDIVISION.
WHEREAS, Lawrence Kopp1eman made application,
dated September 16, 2002 to the Board of Adjustment for a
variance from the dimensional requirements of Chapter 26 of the
Aspen Municipal Code; and
WHEREAS, this matter came on for hearing before the Board of
Adjustment on October 17, 2002 where full
deliberations and consideration of the evidence and testimony was
presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF
THE CITY OF ASPEN, COLORADO:
Section 1. Findings of Fact.
The Board of Adjustment makes the following findings of fact:
1. A development application for a variance was initiated
by: Lawrence Koppleman on September 16, 2002 for property
with a street address of 18 Westview Drive, Aspen, Colorado.
2. Notice of the proposed variance has been provided to
surrounding property owners in accordance with Section 26-
304-060(E) (3) (c)of the Aspen Municipal Code. Evidence of such
notice is on file with the City Clerk.
3. The grant of variance will be generally consistent with
the purposes, goals, objectives, and policies of the
Aspen Area Community Plan and Chapter 26 of the
Aspen Municipal Code.
4. The grant of variance is the minimum variance that
will make possible the reasonable use of the parcel,
building or structure.
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5. The literal interpretation and enforcement of the
terms of Chapter 26 of the Aspen Municipal Code
would deprive the applicant of rights commonly enjoyed
by other parcels in the same zone district, and would
cause the applicant unnecessary hardship or practical
difficulty. In determining that the applicant's rights
would be deprived absent a variance, the Board
considered certain special conditions and circum-
stances which are unique to the parcel, building or
structure, which are not applicable to other parcels,
structures or buildings in the same zone district and
which do not result from the actions of the applicant.
Section 2. Variance Granted.
The Board of Adjustment does hereby grant the applicant the
following variance from the terms of Chapter 26 of the Aspen
Municipal Code by a to vo~e:
A) development greater than twenty-four (24) inches above natural grade in the front yard
setback and a .5 (one-half) percent increase in the maximum allowable slope from twelve
(12) percent to twelve and one-half (12.5) percent for construction of the north driveway;
and B) development greater than thirty (30) inches above natural grade in the west side yard
setback and a six (6) percent increase in the maximum allowable slope from twelve (12)
percent to eighteen (18) percent for the construction/re-configuration of the west driveway.
APPROVED AS TO FORM
City Attorney
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the 17th day of October 2002.
Chairperson
I, the undersigned duly appointed and acting Deputy City
Clerk do certify that the foregoing is a true and accurate copy of
that resolution adopted by the Board of Adjustment of the City of
Aspen, Colorado, at a meeting held on the day hereinabove stated.
Deputy City Clerk
2
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5. The literal interpretation and enforcement of the
terms of Chapter 26 of the Aspen Municipal Code
would deprive the applicant of rights commonly enjoyed
by other parcels in the same zone district, and would
cause the applicant unnecessary hardship or practical
difficulty. In determining that the applicant's rights
would be deprived absent a variance, the Board
considered certain special conditions and circum-
stances which are unique to the parcel, building or
structure, which are not applicable to other parcels,
structures or buildings in the same zone district and
which do not result from the actions of the applicant.
Section 2. Variance Granted.
The Board of Adjustment does hereby grant the applicant the
following variance from the terms of Chapter 26 of the Aspen
Municipal Code by a to vote:
A) development greater than twenty-four (24) inches above natural grade in the front yard
setback and a .5 (one-half) percent increase in the maximum allowable slope from twelve
(12) percent to twelve and one-half (12.5) percent for construction of the north driveway;
and B) development greater than thirty (30) inches above natural grade in the west side yard
setback and a six (6) percent increase in the maximum allowable slope from twelve (12)
percent to eighteen (18) percent for the construction/re-configuration ofthe west driveway.
APPROVED AS TO FORM
City Attorney
INTRODUCED, READ AND ADOPTED by the Board of Adjustment
of the City of Aspen on the 17th day of October 2002.
Chairperson
I, the undersigned duly appointed and acting Deputy City
Clerk do certify that the foregoing is a true and accurate copy of
that resolution adopted by the Board of Adjustment of the City of
Aspen, Colorado, at a meeting held on the day hereinabove stated.
Deputy City Clerk
2
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RESOLUTION NO. 06
Series of 2002
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 02-06 RELATING
TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF 18 WESTVIEW,
LOT 10, BLOCK 2, KNOWLWOOD SUBDIVISION.
WHEREAS, Lawrence Koppleman made application,
dated September 16, 2002 to the Board of Adjustment for a
variance from the dimensional requirements of Chapter 26 of the
Aspen Municipal Code; and
WHEREAS, this matter came on for hearing before the Board of
Adjustment on October 17, 2002 where full
deliberations and consideration of the evidence and testimony was
presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF
THE CITY OF ASPEN, COLORADO:
Section 1. Findings of Fact.
The Board of Adjustment makes the following findings of fact:
1. A development application for a variance was initiated
by: Lawrence Koppleman on September 16, 2002 for property
with a street address of 18 Westview Drive, Aspen, Colorado.
2. Notice of the proposed variance has been provided to
surrounding property owners in accordance with Section 26-
304-060(E) (3) (c)of the Aspen Municipal Code. Evidence of such
notice is on file with the City Clerk.
3. The grant of variance will be generally consistent with
the purposes, goals, objectives, and policies of the
Aspen Area Community Plan and Chapter 26 of the
Aspen Municipal Code.
4. The grant of variance is the minimum variance that
will make possible the reasonable use of the parcel,
building or structure.
-
.,/ Approve the variance as requested.
.,/ Approve the variance with conditions.
./ Table action to request further information be provided by the applicants or interested
parties.
.,/ Deny the variance finding that the review standards are not met.
RECOMMENDATION: Staff recommends that the request for a) development
greater than twenty-four (24) inches above natural grade in the front yard setback and
a .5 (one-halt) percent increase in the maximum allowable slope from twelve (12)
percent to twelve and one-half (12.5) percent for construction of the north driveway;
and b) development greater than thirty (30) inches above natural grade in the west side
yard setback and a six (6) percent increase in the maximum allowable slope from twelve
(12) percent to eighteen (18) percent for the construction/re-configuration of the west
driveway be denied finding that Standards 2 and 3 have not been met.
RECOMMENDED MOTION: (All motions are worded in the affirmative) "I move to
approve a) development greater than twenty-four (24) inches above natural grade in the front
yard setback and a .5 (one-half) percent increase in the m[L'Cimmn allowable slope from
twelve (12) percent to twelve and one-half (12.5) percent for constmction of the north
driveway; and b) development greater than thirty (30) inches above natural grade in the west
side yard setback and a six (6) percent increase in the maximum allowable slope from twelve
(12) percent to eighteen (18) percent for the construction/re-configuration of the west
driveway finding the review standards have been met."
d:\home\saraho\boa\2002\18westview.doc
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STAN MATHIS
7515 COAL CREEK CIRCLE
WIDEFIELD, COLORADO 80911
719390.6065
September 16, 2002
City of A'pen
Eoard of Adju,tment
130 S. Galena St.
A'pen, Colorado 81611
Re; Lot 10, Elk. 2, Knollwood Suhdivi,ion
A.KA. 18 We,tview Drive
Description of Project and Proposed Variance Request
The existin~ re'jilidence, shown on the attached existing conditions NeVey map of the subject property,
is going to be demolished and replaced with another single family residence in approximately the same
location but with a different floor plan and footprint. Refer to exi,ting survey 'E' that ,how> the proposed
driveway alignment, the footprint of the propO'iled. and existing re9idence and the current drive way access and
curb cut. Because of grade considerationl., the proposed. location of the new garage will be on the Westview
Drive side of the proposed residence tl'treet at approximately the same elevation as the top end of the existing
drive. The proposed driveway will enter the properly over the existing d.riveway then rom east and traverae the
30ft. front yard setback to the proposed garaiSe location. The proposed drive must cross a small slope with an
elevation difference of about 6ft. and will require fill of approximately 4f1:. to bridge thi, "",all area.
The existing drive and parking area will remain for additional off street parking. The existing drive
way requires cut and fill work to even out the existing erratic grades. This work will result in a more
consistent slope of about 15%. The existing drive way will have a snow melt system in the areas of steep
slopes.
However, this work does not comply with two sections of the Aspen &ea Community plan without a
dimensional variance granted by the City of Aspen Board of Aspen. Thege code gections are;
1. 0 FF-STREET PARKING 24.515. 020(A): General Parking Characteri,tic,
....No driveway ,hall exceed a maximum ,lope of 120/0 within 20 fl:. of the property line bordering a
puhlic or private right of way.
2. YARDS 26.575.040(7) Driveway,
Driveway access shall not exceed a depth or height of 24 inches above or below grade in the required
Neither front yard setback nor 30 inches in the other required yard getbacks.
Therefore, on behalf of the Applicant, I request the Board of Adjustment grant a variance from
these two code sectioniil baf/ed on the hardiilhip of a exceiillJive sloping iilii:e.
Thank you for your consideration of thiiil matter.
Thank You,
Stan Mathi,
For Lawrence Koppelman
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STAN MATHIS
7515 COAL CREEK CIRCLE
WIDEFIELD, COLORADO 80911
719.390.6065
September 16, 2002
City of A'pen
Board of Adju,bnent
130 S. Galena St.
A'pen, Colorado 81611
Re; Lot 10, Blk. 2, Knollwood Subdivi,ion
A.K.A. 18 W..tview Drive
Response to Variance Standards
A. In order ~o authorize a variance from the dimensional requirements of Title 26, the appropriate decision
making body ,hall make a finding that the following three (3) circum,tance, exi,t.
1. The grant of variance will he generally consistent with the purposes, goals, objectives, and policies of
the Aspen Area Communi ty Plan and this Title;
Response; This variance is generally consistent: with the Aspen Area Community Plan and this Title.
2. The granl: of variance is the minimum variance thaI: will make possible the reasonable use of the
pareet building or structure. .
Response: This is the minimum variance that will make possible the use of this parcel.
. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the
applicant of rights oommonly enjoyed hy other paroels in !:he same zone district, and would cause the
applicant unnecessary hardship or practical difficulty. Indetermining whether an applicant's rights would
be deprived, the hoard shall consider whether either of the following oonditions apply:
a. There are speoial condil;ions and circun19tances whioh are unique to the parcel, huilding or strudure,
whioh are not applicahle to other parcels, structures or huildings in the same zone distrid and whioh
do not result from the actions of the applioant;
R..pon.., The 17% to 350/0 gradient within the 30 ft. front yard ..tback and the comi,tent 16%
gradient on the properly make it impossible to meet the code requirements without the requested variance
in this applioation.
b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen
Area Community Plan and the terms of this Title to other parcels, buildings, or structures, in the
same zone district.
Received Time Sep.16. 11:33AM
c
Response; This property has unique conditions and granting the variance will not confer any special
privilege denied hy the Aspen Community plan and the terms of this Title to other parcels, buildings, or
shucrures, in the same zone district.
Thank you for considering this matter.
Thank You,
Stan Mathi.
For Lawrence Koppelman
Received Time Sep,IS, 11:33AM
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MEMORANDUM
TO:
Board of Adjustment
THRU:
Joyce Ohlson, Deputy Director
Sarah Oates, Zoning Officer S; 0
FROM:
RE:
18 Westview Drive-Lawrence Koppelman
DATE:
October 17, 2002
--------------------------------------------------------------
--------------------------------------------------------------
SUMMARY: The applicant requests a variance from the maximum allowable slope for a
driveway and the maximum allowable grading for the reconstruction of one driveway and
the construction of another. The property is currently developed with a single-family home
and a driveway which would not meet the standards of the current code. The applicant is
seeking to build a single-family home and reconfigure the access to the lot and residence.
The applicant seeks the following variances for the two driveways:
1. Existing Driveway: Our code allows for the maximum slope of a driveway to be
12%. Further, in side and rear yard setbacks the grade cannot be altered more than 30"
above or below natural grade. The existing driveway has a slope of 33% in one area. The
applicant is requesting to reconfigure this driveway by altering the grade more than 30"
which would then create at 18% slope.
Variances for Existing Driveway: A) Alter grade more than 30" and B) Variance
of 6% to increase maximum slope from 12% to 18%.
2. Proposed Driveway: The applicant is proposing to move the garage to the
northeast side of the property and therefore the access. The driveway would be aligned
through the front yard setback, which allows for grading no more than 24" above or below
natural grade, and the maximum slope for the driveway would again exceed 12%.
Variances for Proposed Driveway: A) Alter grade more than 24" and B) Variance
of .5% to increase maximum slope from 12% to 12.5%
The parcel is a 21,607 square foot lot in the R-15B zone district, currently developed with a
single-family home. The property contains slopes in excess of20% and heavy vegetation.
Please refer to the attached drawings and written information provided by the applicants for
a complete presentation of the proposed variance.
APPLICANT:
Lawrence Koppleman, represented by Stan Mathis
LOCATION:
18 Westview Drive, Lot 10, Block 2, Knollwood Subdivision
REVIEW STANDARDS AND STAFF EVALUATION: Pursuant to Section 26.108.040
of the Municipal Code, in order to authorize a variance from the dimensional requirements
of Title 26, the Board of Adjustment shall make a finding that the following three (3)
circumstances exist:
1. Standard: The grant of the variance will be generally consistent with the purposes,
goals, objectives, and policies of the Aspen Area Comprehensive Plan and this title.
Response: Granting the variance will not conflict with the goals of the Aspen
Area Comprehensive Plan or the requirements of the Aspen Municipal Land
Use Code.
2. Standard: The grant of the variance is the minimum variance that will make
possible the reasonable use of the parcel, building, or structure.
Response: Reasonable use of the parcel already exists, as there is an existing,
useable driveway on the parcel.
3. Standard: Literal interpretation and enforcement of the terms and provisions of
this title would deprive the applicant of rights commonly enjoyed by other parcels
in the same zone district, and would cause the applicant unnecessary hardship or
practical difficulty. In determining whether an applicant's right would be deprived,
the board shall consider whether either of the following conditions apply:
a. There are special conditions and circumstances which are unique to the parcel,
building or structure, which are not applicable to other parcels, structures or
buildings in the same zone district and which do not result from the actions of the
applicant; or
b. Granting the variance will not confer upon the applicant any special privilege
denied by the Aspen Area Comprehensive Plan the terms of this title to other
parcels, buildings or structures, in the same zone district.
Response: The applicant would not be deprived of any rights commonly
enjoyed by other parcels in the same zone district should the variance not be
granted. The applicant already has an existing driveway and does not have to
have a second access. Further, the alignment could be designed in such a way
that no variance would be required.
ALTERNATIVES: The Board of Adjustment may consider any of the following
alternatives:
.,/ Approve the variance as requested.
.,/ Approve the variance with conditions.
.,/ Table action to request further information be provided by the applicants or interested
parties.
,/ Deny the variance finding that the review standards are not met.
RECOMMENDATION: Staff recommends that the request for a) development
greater than twenty-four (24) inches above natural grade in the front yard setback and
a .5 (one-halt) percent increase in the maximum allowable slope from twelve (12)
percent to twelve and one-half (12.5) percent for construction of the north driveway;
and b) development greater than thirty (30) inches above natural grade in the west side
yard setback and a six (6) percent increase in the maximum allowable slope from twelve
(12) percent to eighteen (18) percent for the constructionlre-configuration of the west
driveway be denied finding that Standards 2 and 3 have not been met.
RECOMMENDED MOTION: (All motions are worded in the affirmative) "I move to
approve a) development greater than twenty-four (24) inches above natural grade in the front
yard setback and a .5 (one-half) percent increase in the maximum allowable slope from
twelve (12) percent to twelve and one-half (12.5) percent for construction of the north
driveway; and b) development greater than thirty (30) inches above natural grade in the west
side yard setback and a six (6) percent increase in the maximum allowable slope from twelve
(12) percent to eighteen (18) percent for the construction/re-configuration of the west
driveway finding the review standards have been met."
d:\home\saraho\boa\2002\18westview.doc
"",'",
STAN MATHIS
7515 COAL CREEK CIRCLE
WIDEFIELD, COLORADO 80911
719390.6065
September 16, 2002
City of A'pen
Board of Adju,tment
130 S. Galena St.
A'pen, Colorado 81611
Re; Lot 10, Blk. 2, Knollwood Subdivi,ion
A.K.A. 18 We,tview Drive
Description of Project and Proposed Variance Request
The existing residence, shown on the attached existing conditions survey map of the subject properly,
is going to be demolished and replaced with another ilingle family residence in approximately the same
location but with a different floor plan and footprint. Refer to existing survey 'B' that shows the proposed
driveway alignment, the footprint of the proposed and existing residence and the current drive way acceilS and
curb cut. Becauile of grade considerations, the proposed location of the new garage will be on the Westview
Drive side of the proposed residence street at approximately the same elevation as the top end of the existing
drive. The proposed driveway will enter the properly over the exii:lting driveway then rum eai:lt and traverse the
30ft. front yard setback to the proposed garage location. The proposed drive must cross a small slope with an
elevation difference of about 6ft. and will require fill of approximately 4ft. to bridge thi, ,mall area.
The existing drive and parking area will remain for additional off street parking. The existing drive
way requires cut and fill work to even out the existing erratic grades. This work will result in a more
consistent slope of about 15%. The existing drive way will have a snow melt system in the areas of steep
slopes.
However, this work does not comply with two sections of the Aspen Area Community plan without a
dimensional variance granted by the City of Aspen Board of Aspen. These code sections are;
1. OFF-STREET PARKING 24.515.020(A), General Parking Charaoleri,tic,
....No driveway ,hall exceed a maximum ,lope of 12% within 20 ft. of the properly line bordering a
public or private right of way.
2. YARDS 26.575.040(7) Driveway,
Driveway access shall not exceed a depth or height of 24 inches above or below grade in the required
Neither front yard setback nor 30 inches in the other required yard setbacks.
Therefore, on behalf of the Applicant, I request the Board of Adjlliltment grant a variance from
these two code sections based on the hardehip of a excessive sloping site.
Thank you for your consideration of this matter.
Thank You,
Stan Mathi,
For Lawrence Koppelman
i
o~ "
STAN MATHIS
7515 COAL CREEK CIRCLE
WIDE FIELD, COLORADO 80911
719.390.6065
September 16, 2002
City of A'pen
Board of Adju,bnen t
130 S. Galena St.
A'pen, Colorado 81611
Re; LotIO, Blk. 2, Knollwood Subdivi,ion
A.K.A. 18 Weatview Drive
Response to Variance Standards
A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision
making body shall make a finding that the following three (3) circumstances exist.
1. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of
the Aspen Area Community plan and this Title;
Response; This variance is generally consistent with the Aspen Area Community plan and this Title.
2. The grant of variance is the minimum variance that will make possible the reasonable use of the
parcel, building or slrucb.ne.
Response: This is the minimum variance that will make possible the use of this parcel.
3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the
applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the
applicant unnecessary hardship or practical difficulty. In determining whether an applicant's rights would
be deprived, the board shall consider whether either of the following conditions apply:
a. There are special conditions and circumstances which are unique to the parcel, building or structure,
which are not applicable to other parcels, structures or buildings in the same zone district and which
do not result from the actions of the applicant;
Response: The 170/0 to 35% gradient within the 30 ft. front yard setback and the consistent 16%
gradient on the property make it impossible to meet the code requirements without the requested variance
in this application.
b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen
kea Community plan and the terms of this Title to other parcels, buildings, or structures, in the
same zone district.
Received Time Sep,16, 11:33AM
...."....
Response; This property has unique conditions and granting the variance will not confer any special
privilege denied by the Aspen Community plan and the terms of this Title to other parcels, buildings, or
structures, in the same zone district.
Thank you for considering this matter.
Thank You,
Stan Mathi,
For Lawrence Koppelman
Received Time Sep,16, 11:33AM
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'iOTICE OF PUBLIC HEARING
CASE #02-06
Before the City of Aspen Board of Adjustment
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE
DESCRIBED BELOW:
Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will 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
variance.
Particulars of the hearing and requested variance are as follows:
Date and Time of Meeting:
Date: October 17, 2002
Time: 4:00 P.M.
Owner for Variance:
Representative for Variance:
Name:
Lawrence Koppelman
Stan Mathis
Address:
18 Westview Drive
Aspen, CO 81611
7515 Coal Creek Circle
Widefield, CO 80911
Location or description of property:
18 Westvicw Drive, Lot 10, Block 2, Knollwood Subdivision
Variances Requested:
The applicant is requesting the following variances: a) development greater than twenty-four (24) inches
above natural grade in the front yard setback and a .5 (one-half) percent increase in the maximum allowable
slope from twelve (12) percent to twelve and one-half (12.5) percent for construction of the north
driveway; and b) development greater than thirty (30) inches above natural grade in the west side yard
setback and a six (6) percent increase in the maximum allowable slope from twelve (12) percent to eighteen
(18) percent for the construction/re-configuration of the west driveway.
Will applicant be represented by Counsel: YES: NO: X
The City of Aspen Board of Adjustment
130 S. Galena Street
Aspen, CO 81611
Charles Paterson, Chairman
Sep 23 21 04:28p Stan Mathis
7193918199
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September 13, 2002
To Whom It May Concern:
I, Lawrence Koppelman of 18 Westview Drive, Aspen, CO 81611, (970) 920-9877 do
hereby authorize and appoint: Stan Mathis, 7515 Coal Creek Circle, Wide Field, CO
80911 (719) 390-6065, as my agent, to appear in front of the Board of Adjustments in
this matter.
Sincerely yours,
Lawrence Koppelman
i
,"\
'-."0;
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
'""_m==IT, Ii) t~ir::~ {Jr_~
SCHEDULED PUBLIC HEARING DATE: _ _ ) ? ~ .200_
I
STATE OF COLORADO )
) 5S.
County of Pitkin )
I,:\C\ lAAes L-~ V\d+ (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:
X 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 ofletlers not
less than one inch in height. Said notice was posted at least fifte~I5) days
prior to the public hearing and was continuously visible from the ~day of
,200-, to and including the date and time ofth~;'blic
hearing. A photograph of the posted notice (sign) is attached hereto.
,-
_ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (IS) 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.
(continued on next page)
\.,
~
,
,~, r.-.".
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 amen::tst?~.dA-
~e
Th~ "Affidavit of Notice" was acknowledged befor'lme thi~y
of . 200~by 0d----^-S h , ~
.,l'U81JC NOi1Ci;
,:...~OFPlJBUC.~
. '.""""'- .
.~:t::.~"-'."..~-~'~.d".&1' "
REllUtS1'i:D' GORUSE~BY1ltE
~.IlED_ >.RIANCE~
Pursuant e~Code
1962, as amended <it Aspen 01 June 25,
the 8A5EMENT ~ hearing Will be held in
pen, COk)rado. @r;.,'at suc:<:" CItj Hall, As-
meettnt DlAt:iJe,'IJiek er place as the
applle8tJ6d _~~~ to conskler an
""'" ~.'_...::.... ..... 01 Adl"".
pr6VbJ(Jn$ 01 the~V~~ from the
Official Cod ......... .....UIlIlUl~ CIliIpter 26
th, P"'POI':; :'M~ An """'... _... ",; PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
state the vi ance are Invited to appear and
IT ews, pro~ or oblectiom. If
~ -~""::' ..._'" It 'uch _;::~ T OF THE OWNERS ANI) GOVERNMENTAL AGENCIES NOTICEP
larJy I(roo ~ve ::::.o~~: ~ Jetter, partIcq- BY MAIL
the Board of Adjustment will m._ ~e, as
eration to the opInjotlt 01 ..... serious ~
Q!fflers and othen alJectedSlIffOundlng property
to~~.,.......~~ whether
.-............. .;r r 'leI!.
areasfonm; - .--lbtJandrequeatedVU1ance
-............-.,.
~. -......
.....,. 4:08P.M.
-.....-
Name: Lawrence Kop~
Addren: J8Westview .
Aspeq.C0816JJ J?rive
SRepresentatlve lor v.vibce'
tan Mathis ..
7515 Coal Creek Cln::1e
WIdeRreki.C0809il
t.oe.do. .... '-a-
18 Weatview . . J_ 01......"
SU...........""":-LotIO'_.~__
--
The, appIcam is
.. ,cia ~r --tl ";::Ie:.::, a ~ to allow
.........--..... - (3q)-
and ..~ *0. allow .- SIde Y*it_1MCt '
CreaM..... _.....~ ,;...~,_~ (5) JM!I'Cent In-
.="'e... ..._hIe............
I1tedoY ....."'- !<O
"':...;tr...~4~~. .
+, Aspen; CO":',,,~, . ':...;,
. CharIesPat~~;;:",;,;_;: i
;:ished In The Aspen"~~.- .....:
(9393) .,.....~21.
WITNESS MY HAND AND OFFICIAL SEAL
My commissio
S;
Notary Public
ATTACHMENTS:
COPY OF THE PUBLICATION
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
(0
\A/.v t"~j [//,0 w
/o//;:b 2-
/ .'
Dr
. Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
.200_
STATE OF COLORADO )
) SS.
County of Pitkin )
I, ~-ot 1M w_s LILA d J. (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:
J Publication oj 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 oj the publication is attached hereto.
_ Posting oj 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 ofletters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
, 200_, to and including the date and time of the public
hearing. A photograph oj the posled notice (sign) is attached hereto.
_ Mailing oj notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to 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 oJthe owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
\
(
r
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.
~~?6 ~4:,'J)
Th~ "Affidavit of Notice" was acknowledged before)me thi~ay
of ,200.-6 by ~rt~ h)Y""") .
PUBUC NOTICE
NOTICE OF PUBUC HEARING
. . CASE 102-08
..............-........-
TO AJJ..PRQPER1'Y OWNERS AFFECTED BY 'tHE
~_ OR USE \'AllIANCE DESCR>
IliDllELOw,
",!""c~'tO the Offtclal Code of. ASpen of
June'2S;'I" as amended, a pubUc heartng wtI1
be~~. _ROOM. City
HaD.. ~ ...' (or at such other place as
the ~... then adjourned) to consider
an~. " the saki Board of AdJust~
ment ~ ortty for variance from the
proviakmI ol,~' Ing OnUnance, Chapter 26,
0ffk:al.I Codill Of.Aspen. All persons affected by
thei.J'ftlPMiId.ftrllii:Jee are Invited to appear and
stabttbeir,~ protests or ob)ectlons. H you
cannot aJlPl!U' personally at such meeting, you
are urged to state your views by letter. particu-
larly if you have objection to such variance. as
the Boudaf Alijustment will giVl! serious consk(..
eration to the opinions of surrounding property
owners andotbers affected In deciding whether
to grant or deRy the request for variance.
Particulars of the hearing and requested varience
areaslOllows:.
~"'11IDeollfeedill:
~ 0ctaIM:r17.2GO!
11IDe: .....P.IL
""-...-
Name: . Lawrence Koppelman
Address,: 18 WeItvlew Orlve
Aspen,COSI611
....... .........v.mace:
StanMatl>1s
7515 Coal CJeek Circle
W1def1e1d,'C080911
toc.do8 or 4..-.. VL- 01 property:
18 WesMew Drive, Lot 10; Block 2. J{noDwood
Subdlvi8lon
--
The appI1cant Is requesting the following
variances: a)deveiQpfI1ept'greater than twenty-
four (24) IncheI abiwenatural grade In the front
yard setbad: anda;5 (one-haU) percent Increase
In the muImum a,Bowable slope from twelve.(12)
percent to twi!IYe and one-haJf (l2.5)pereeDt lor
cQristrucUon of the; north driveway; and b) devel-
opment' greater than thirty (30) Inches above nat"
ural grade In tl1e .,est side yard setback and a six
(6) ....- ""t:I;~~~ ~lOwabl.
slope from.'." eh.'~.'. . (Ii)..... ..t(l e1.gh teen (18)'
percent kit -the. . .. .. . I re-c.:onftguratlon of
the west drIVeway. .. . :
-WID appIIeIat h' .. by CoUIeI:NO
The CltyofAapeD;8otrl:t. AdJustm~
130 S. Galena Stn;et
Aspen,CO 81$H:
Charles PAl:enon, Chalmlan ,
PubUsbed Iri The Aspen l)gtes on September. 28, ,
2002.(9419)
WITNESS MY HAND AND OFFICIAL SEAL
tl/;7-3/ :.;;:::sD3
My commission expires:
S. oeck
Notary Public
ATTACHMENTS:
COPY OF THE PUBLICATION
RAPH OF THE POSTED NOTICE (SIGN)
AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
"IOTICE OF PUBLIC HEARING
CASE #02-06
Before the City of Aspen Board of Adjustment
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE
DESCRIBED BELOW:
Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will 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 Meeting:
Date: October 10, 2002
Time: 4:00 P.M.
Representative for Variance:
Owner for Variance:
Name:
Lawrence Koppelman
Stan Mathis
Address:
18 Westview Drive
Aspen, CO 81611
7515 Coal Creek Circle
Widefield, CO 80911
Location or description of property:
18 Westview Drive, Lot 10, Block 2, Knollwood Subdivision
Variances Requested:
The applicant is requesting a variance to allow development greater than thirty (30) inches above natural
grade in the east side yard setback and a variance to allow for a five (5) percent increase in the maximum
allowable slope for the construction of a driveway.
Will applicant be represented by Counsel: YES: NO: X
The City of Aspen Board of Adjustment
130 S. Galena Street
Aspen, CO 81611
Charles Paterson, Chairman
* ,., " "
II:S3a
Stan Mathis
7193918199
p.l
STAN MATHIS
7515 COAL CREEK CIRCLE
WIDEFIELD, COLORADO 80911
719.390.6065
Septetube, 16, 2002
City of Aspen
Board of Adjul::ihnent
130 S. Gnlen. St.
Aspen, Colo,.do 81611
Re; Lot 10, Blk. 2, KnoIlwood subdivision
A.KA. 18 Westview Drive
APPLICA nON for a VARIANCE REQUEST
1.) Find attached a letter authorizing Stan Mathis to act on hehalf of Ule owner, Lawrence Koppelman.
2.) T1,e .ddres, of the properly is 18 We,tview Drive.
The leg.l desc<iption i. Lot 10, Blk. 2, KnoIlwood subdivision.
The p.rcel identific.tion num1e, ;,. .z1'r .1~2' 04- 001
3.) Find .tt.ched the proof of ownership from f1rt"ll~ ~1Y -n:rLE.
4.) Find attached 9 copies of the vicinity map.
5.) Find attached 9 -Il"x 17" copi~s of both tIle improvement survey showing existing conditions and
the improvement survey with the proposed driveway alignment and the area of the site for which the
variance is requested.
6.) Find 2 copies - 24"x36" stamped and signed improvement surveys.
7.} Find 9 copies of tbe written description of the proposal dnd the discussion of compliance to the
review standards..
8.) Find. check for the review fee in the .mount of $165.00.
If any ilen1.5 above are l'l"1lssing please call me.
,~
Cc: Richie Pearlstone
Jessica Rothstein
Lorrie Winnerman
Joshua Saslove
Received Time Sep.16, 11:48AM
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9-16-02; 1 :25PM;LORRIE B. ASPEN
;9709200010
# 1/ 10
,...,
.....,
ISSUED BY
COMMITMENT FOR TInE INSURANCE
kwyers lide Insurance @rp2@lic2ll
LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, for valuable
consideration. hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
proposed Insured named in Scheduie A, as owner or mortgagee of Ihe eslate or interest covered hereby in the land described
or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A
and B and to the Conditions and Stipulations hereof.
This Commilment shall be effective only when the identity of the proposed Insured and the amount of the policy or poliCies
committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment
or by subsequent endorsement.
This Commitment is preliminary 10 the issuance of such policy or policies of title insurance and all liability and obligations
hereunder shall.cease and terminale six (6) months after the effective date hereof or when the policy or policies committed for
shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This
Commitment shall not be valid or binding until countersigned by an authorized officer or agent.
IN WfTNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATfON has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, the Commitment to become valid when countersigned by an authorized officer
or agent of the Company.
LAWYERS TITLE INSURANCE CORPORATION
Mest -/J uvd-
V ........ Secretary
-""........'''"''
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By:
?J-~ (). arr
President
Condllions and Stipulations
1. The term "mortgage, n when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actuaf knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for
any loss or damage resulting from any act of reliance hereon to the extent the Company is prejUdiced by failure to so
disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company
othelWise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company
at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company
from liability previously incurred pursuant to paragraph 3 'of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included
under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance
hereon in under taking in good faith (a) 10 comply with the requirements hereof, or (b) to eliminate exceptions shown in
Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event
shail such liability exceed the amount stated in Schedule A for. the policy or policies committed for end such liability is
subject 10 the Insuring provisions and Conditions and Slipulations and the Exclusions from Coverage of the form of policy
or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part
of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out
of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be
based on and are subject to the provisions of this Commitment.
AL TA Commitment -1966
Cover Page
Form1004-26Received Time Sep,J6, 1:22PM ORIGINAL
9- 1 6-02; 1: 25PM; LORR' E B. ASPEN
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;9709200010
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"
- '1
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: August 7, 2002 at 8:00 AM
2. Policy or Policies to be issued:
(a) AL T A Owner's Policy-Form 1992
Proposed Insured:
RICHARD PEARLSTONE
(b) AL TA Loan Policy-Form 1992
Proposed Insured:
Case No. PCTt 7241 L
Amount$ 2,000,000.00
. Premium$ 3,688.00
Rate: Standard
Amount$ 0.00
Premium$ 0.00
Rate:
Tax Certificate: $10.00
3. TiUe to the FEE SIMPLE: estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
LAWRENCE KOPPELMAN, AS TRUSTEE OF THE KOPPELMAN FAMILY TRUST CREATED ON MAY
22,2000
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
LOT 10,
BLOCK 2,
KNOLLWOOD SUBDIVISION, according to the Plat recorded in Ditch Book 2A at Page 260.
PITKIN COUNTY TITLE. lNe
601 E. HOPKINS
ASPEN, CO. 81611
970-925-1766 Phone
971}-92S-6527 FAX
877-217-3158 Toll Free
AUTHORIZED AG
COUNTERSIGNE
Received Time Sep,J6. 1:22PM
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
9- 1 6-02; 1: 25PM; LORR I E B_ ASPEN
;9709200010
# 3/ 10
)
SCHEDULE B . SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record to-wit:
1. Release by the Public Trustee of the,
Deed of Trust from : LAWRENCE KOPPELMAN
to the Public Trustee of the County of PITKIN
for the use of : FIRST REPUBLIC SAVINGS BANK
original amount : $1,063,000.00
dated ; July 22,1997
recorded : August 4, 1997
reception no. : 406956
2. Rs-record Deed recorded June 13, 2000 as Reception No_ 444152 to evidence satisfactory to the
Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and
Ordinance No. 13 (Series of 1990) has been paid or exempted.
3. Deed executed by the Trustees of the LAWRENCE KOPPELMAN, AS TRUSTEE OF THE KOPPELMAN
FAMILY TRUST CREATED ON MAY 22, 2000
To: RICHARD PEARLSTONE
4. Duly executed Statement of Authority for KOPPELMAN FAMILY TRUST CREATED ON MAY 22, 2000, a
trust, disclosing the name of the trust, and the names and addresses of the trustees empowered to act
pursuant to CRS 38-30-108.5.
5. Delivery to the Company of an executed copy of the Trust Agreement for KOPPELMAN FAMILY TRUST
CREATED ON MAY 22, 2000 for inspection and approval prior to issuing any policies. Subject to any
additional requirements deemed necessary by the Company upon review of said Trust Agreement.
6. Duly acknowledged certnicate of the authorized Managing Agent or Board of Directors of Knollwood
Subdivision certifying that there are no assessments for common expenses which remain unpaid or
otherwise constitute a lien on the subject property.
7. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No.
20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted.
(Continued)
Received Time Sep,J6, 1:22PM
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_'4
SCHEDULE B - SECTION 1
REQUIREMENTS - Continued
8. Certfficate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded)
9. Completion of Form DR 1079 regarding the withoJding of Colorado Tax on the sale by certain persons,
corporations and firms selling Real Property in the State of Colorado. (This instrument is not required 10 be
recorded)
10. Evinence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by
H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to
and retained by the Assessors Office in the County in which the property is situated)
Received Time Sep.16. ] :22PM
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;9709200010
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SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7. Right of way for ditches or canals constructed by the authority of the United States as reserved in United
States Patent recorded December 14, 2011 in Book 55 at Page 196. ~7
B. Easements, rights of way and all matters as disclosed on Plat of subject property recorded November 30,
1960 in Ditch Book 2A at Page 260.
9. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as
set forth in Protective Covenants for Knollwood Subdivision recorded February 10, f 961 in Book 193 at
Page 196, deleting therefrom any restrictions Indicating any preference, limitation or discrimination based
on race, color, religion, sex, handicap, familial status, or national origin.
Received Time Sep,J6. 1:22PM
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;9709200010
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ADDmONAL INFORMATION
AND DISCLOSURES
The Owner's Policy to be issued, if any shall contain the following ~ems in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B-Section 1.
(2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND
MORTGAGE POLICY TO BE ISSUED HEREUNDER)
Pursuant to Insurance Regulation 89-2
NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a
single family residence (including a condominium or townhouse unit) (i) of that title entity's general
requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or
materialmens liens, except when said coverage or insurance is extended to the insured under the terms of
the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics'
andlor Materialmen's Liens executed by the persons indicated in the attached copy of said affidav~ must
be furnished to the Company. Upon receipt of these items and any others requirements to be specified by
the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when
issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any requirement upon any t~le insurer to provide
mechanics or materialmens lien coverage.
NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for
the recording or filing of legal documents from said transaction, the Company will be deemed to have
provided 'Gap Coverage'.
Pursuant to Senate Bill 91-14 (eRS 10-11-122)
(a) The Subject Real Property may be located in a Special Taxing District;
(b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the
County Treasurer's Authorized Agent;
(c) Information regarding Special Districts and the boundaries of such districts may be obtained from the
Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof
charged to the proposed insured unless written instruction to the contrary are received by the company
prior to the issuance of the nle Policy anticipated by this Comm~ment.
Pursuant to House Bill 01-1088 (CRS 10-11-123)
If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or
leases, pursuant to CRS 10-11.123 (HB 01-1088), this is to advise:
(a) There there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed
from the surface estate and that there is a substantial likelihood that a third party holds some or all interest
in oil, gas, other minerals or geothermal energy in the property and
(b) That such mineral estate may include the right to enter and use the property without the surface owners'
permission.
This commitment is invalid unless
the Insuring Provisions and Schedules
A and B are attached.
Schedule B-Section 2
Commitment No. PCT17241 L
Received Time SeD. 16.
1 :22PM
9-16-02; 1 :25PM;LORRIE B. ASPEN
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"...."
........(
. ")
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, THIRD FLOOR
ASPEN, CO 81611
970-925-1766/970-925-6527 FAX
TOLL FREE 877-217-3158
WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE
ARE AS FOLLOWS:
ALPINE BANK-ASPEN
600 E. HOPKINS AVE.
ASPEN, CO. 81611
ABA ROUTING NO. 102103407
FOR CREDIT TO:
PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT
ACCOUNT NO. 2020048062
REFERENCE:PCT17241 LJRICHARD PEARLSTONE
Received Time SeD, 16. 1 :22PM
9- 1 6-02; 1: 25PM; LORR I E B. ASPEN
;9709200010
# 8/ 10
AlANDAMERICA
Dear LandAmerica Customer:
The Financial Services Modernization Act recently enacted by Congress has brought many changes
to the financial services industry, which includes insurance companies and their agents. One of the
changes is that we are now required to explain to our customers the ways in which we collect and
use customer information.
The statement .attached to or on the reverse side of this letter is the privacy policy of the LandAmerica family
of companies. The three largest members of the family - Commonwealth Land Title Insurance Company,
Lawyers Title Insurance Corporation, and Transnation Title Insurance Company - may issue policies and
handle real estate closings in virtually every part of the country. A number of other companies in the family
provide other real estate services, and some operate more locally. You may review a list of LandAmerica
companies on our website (www.landam.coml, You may also visit our website for an explanation of our privacy
practices relating to electronic communication.
Our concern with the protection of your information has been a part of our business since 1876,
when the company that is now Commonwealth Land Title Insurance Company issued its first policy.
We will continue to protect the privacy, accuracy, and security of customer information given to us.
No response to this notice is required, but if you have questions, please write to us:
LandAmerica Privacy
P.O. Box 27567
Richmond, VA 23261-7567.
LandAmerica Comoanies
Title Insurance Comoanies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New
Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company. Lawyers Tnle Insurance Corporation, Title
Insurance Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York
Relocation and Mortaaaes: Commonwealth Relocation Services, CRS Financial Services, Inc., LandAmerica Account Servicing, Inc.
Title Aaents: Austin Tille Company, ATACO, Inc., Albuquerque Title Company, Atlantic Tille & Abstract Company, Brighton nle
Services Company, Capitol City Title Services, Inc., CFS Title Insurance Agency, Charleston Title Agency; Charter Title Company of
Fort Bend, Galveston, and Sugarland; Commercial Settlements, Inc., Commonwealth Land Title Company: Commonwealth Land Title
Company of Austin, Dallas, Fort Worth, Houston, Washington, Congress Abstract Corp., Cornerstone Residential Title, Cumberland
Title Company, First Title & Escrow, Inc., Gulf Atlantic, Harbour Title, HL Title Agency, Lawyers Title Company; Lawyers Title of
Arizona, EI Paso, Galveston, Nevada, Pueblo, San Antonio, Lawyers Title Settlement Company, Uon Abstract. Longworth Insured,
Louisville Title Agency of Central Ohio, Lorain County Title Company, Mil Title Agency, NIN Lawyers Title Agency, Oregon Title, Park.
Title, Partners Title Company, Pikes Peak Title Services, RElAffirm Title Agency, Rainier Title Company, Residential Abstract,
Residential Title, Rio Rancho Title, Texas Title Company, Title Transfer Service, Inc., TransOhio Residential Title Agency, Transnation
Title & Escrow, Union Title Agency, University nle Services, Wilson Title Company
Aoaraisals and AncillarvServlces: LandAmerlca OneStop, Inc.
Form 3]91-6 (May 2001)
Received Time Sep, 16. 1 :22PM
9- 1 6-02; 1: 25PM; LORR I E B. ASPEN
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"'
"~
LANOAMERICA PRIVACY POLICY
What kinds of information we collect. Most of LandAmerica's business is title insurance, but there
are companies in our family that provide other real estate services to consumers. We collect
information about you, (fer instance, your name, address, telephone number), and information about
,
your transaction, including the identity of the real property that you are buying or financing. We obtain
a copy .of any deeds, notes, or mortgages that are involved in the transaction. We may get this
information from you or from the lender, attorney, or real estate broker that you have chosen. Our
title insurance companies then obtain information from the public records about the property so that
we can prepare a title insurance policy. When we provide closing, escrow, or settlement services,
mortgage lending, or mortgage loan servicing, we may get your social security number, and we may
receive additional information from third parties including appraisals, credit reports, land surveys,
escrow account balances, and sometimes bank account numbers to facilitate the transaction. If you
are concerned about the information we have collected, please write to us.
How we use this information. The company giving or specifically adopting this notice does not
share your information with marketers outside its own family. There's no .need to tell us to keep your
information to ourselves because we share your information only to provide the service requested by
you or your lender, or in other ways permitted by law. The privacy laws permit some sharing without
your approval. We may share internally and with nonaffiliated third parties in order to carry out and
. service your transaction, to protect against fraud or unauthorized transactions, for institutional risk
control, and to provide information to government and law enforcement agencies. Companies within
a family may share certain information among themselves in order to identify and market their own
products that they think may be useful to you. Credit information about you is shared only to facilitate
your transaction or for some other purpose permitted by law.
How we protect your information. We restrict access to nonpublic personal information about you
to those employees who need the informalion to provide products or services to you. We maintain
physical, electronic, and procedural safeguards that comply with law to guard your non public
personal information. We reinforce the company's privacy policy with our employees.
Agents that may be covered by this policy. Often, your transaction goes through a title insurance
agent. Agents that are part of the LandAmerica family are covered by this policy. Agents that are
not part of the LandAmerica family may specifically, in writing, adopt our policy statement.
Fonn 3391-6 (May 2001)
Received Time Sep.16, 1:22PM
9-16-02; 1: 25PM; LORR I E B. ASPEN
;9709200010
# 10/ 10
~
.......
~i
Pitkin County Title, Inc.
Privacy Policy
We collect non public information about you from the following sources:
. Information we receive from you, such as your name, address, telephone
number, or social security number;
· Information about your transactions with us, our affiliates, or others. We
receive this information from your lender, attorney, real estate broker, etc.;
and
· Information from public records
We do not disclose any non public personal information about our customers or former
customers to anyone, except as permitted by law.
We restrict access to nonpublic personal information about you to those employees
who need to know that information to provide the products or services requested by
you or your lender.
We maintain physical, electronic, and procedural safeguards that company with
appropriate federal and state regulations.
Received Time Sep. 16, 1 :22PM