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HomeMy WebLinkAboutLand Use Case.431 W Hallam Ave.0076.2013.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0003.2014.ASLU PARCEL ID NUMBERS 2735 1243 3001 PROJECTS ADDRESS 431/433 W HALLAM ST PLANNER JENNIFER PHELAN CASE DESCRIPTION RESIDENTIAL DESIGN VARIANCE REPRESENTATIVE DH HALLAM LLC DATE OF FINAL ACTION 12.30.13 CLOSED BY ANGELA SCOREY ON: 4.30.14 Zo File Edit Record Navigate Form Reports Format Tab Help 7, > Jump I ---------------------------------- ------ -------------------------------------------------------- L' x A Main Custom Fields ,Routing Status Fee Summarq Actions Routing Hiskary Aspen Land Use Permit type aslu Permit#;00762013.ASLU Address T31 1433 VV HALLAM ST Apt/Suite C zip i City ASPEN State 1611 ........... ............ ................... Permit Information Routing queue'aslui)7 Master permit Applied,"I 10013 0 A 7 ---_7---------- z Project 1 Status pending Approved D esor'pt'on RESIDENTIAL DESIGN VARIANCE EXISTING DUPLEX TO BE DEMOLISHED+NEVV Issued RESIDENCE CONSTRUCTED) Closeffinal Submitted�DYLAN JOHNS 429-8470 Clock iRunning Days 0 Expires 111512014 Submitted via Owner ............. —----- Last name DH HALLAM LLC I First name I .. i :2711 CENTERVILLE RD Phone O Address VVILMINGTON DE 19808 Applicant Owner is applicant? ❑Contractor is applicant? Last name 'DH HALLAM LLC i First name 2711 CENTERVILLE RD :300 Phone Cust#129667 Address WILMINGTON DE 19808 Lender Last name First name Phone Address ---------- Enter the Sequence AspenGold5(server] diamam View 1 of 1 �l J� DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property. right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. DH Hallam LLC 2711 Centerville RD 300 Wilmington DE 19808 Property Owner's Name, Mailing Address and telephone number The northerly 70 feet of Lots A B and C except the easterly 39 inches of Lot C Block 36, City and Townsite of Aspen Commonly known as 431/433 W. Hallam Street Legal Description and Street Address of Subject Property Applicant received approval for a Residential Design Standards Variance for a new residence. Written Description of the Site Specific Plan and/or Attachment Describing Plan P&Z Resolution No. 2 (Series of 2014), 3) /4/14 Land Use Approval(s)Received and Dates(Attach Final Ordinances or Resolutions) March 13, 2014 Effective Date of Development Order(Same as date of publication of notice of approval.) March 14 2017 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 14th day of M rch 2014, by the City of Aspen Community Development Director. Chris Bendon, Community Development Director AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: c � `1 �� LV �IC� ����►� '�R Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) C:t -3,-1 k, r) (name, please print) being or representing an Applicant to the City of Aspen, Colorado,hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. 1 Signature The foregoing"Affidavit of Notice"was acknowled ed before me this &Y of 20111 , by ZIAaAl t1a Aa6rN WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE Of My commission expires: L (�p_ DEVELOPMENT APPROVAL _ Notice is hereby given to the general public of the approval of a site specific development plan,and the creation of a vested property right pursuant to 4 the Land Use Code of the City of Aspen and Title 24,Article 68,Colorado Revised Statutes,pertain- Notary Public ing to the following described property.the north- erly 70 feet of Lots A,B and C,except t seseuaterin 39 inches of Lot C,all of which property Block 36,City and Townsite of Aspen,commonly known as 431 and 433 W.Hallam Street,Aspen, Colorado,81611,by order of the Planning and Zoning Commission , March 4,approval The A esi- ATTACHMENTS• cant,DH Hallam LLC,received approval of a Resi- dential Design Standards Variance as part of a KAREN REED PATTERSON proposal to construct a new single family resi- dence.For further information contact Jennifer NOTARY PUBLIC Phelan,at the City of Aspen Community Develop- Phelan COPY OF THE PUBLICATION STATE OF COLORADO men Dept.,130$.Galena St,Aspen,Colorado (970)920-5090. NOTARY ID#19964002767 sl City of Aspen My Commission Expires February 15,2016 20b4s['00141 Aspen Times Weekly on March 13, RECEPTIC 608735, 03119/2014 at - 1 0-:04:01 AM, 1 OF 3, R $21.00 Doc Code RESOLUTION Janice K.Vos Caudill, Pitkin County,CO Resolution No. 2 (SERIES OF 2014) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING ONE RESIDENTIAL DESIGN STANDARDS VARIANCE AT 431/433 W. HALLAM STREET, LEGALLY DESCRIBED AS THE NORTHERLY 70 FEET OF LOTS A, B, AND C, EXCEPT THE EASTERLY 39 INCHES OF LOT C, ALL OF WHICH PROPERTY IS SITUATE IN BLOCK 36 IN THE CITY AND TOWNSITE OF ASPEN Parcel No. 273512433001 WHEREAS, the Community Development Department received an application from Dylan Johns of Zone 4 Architects, on behalf of DH Hallam LLC requesting Variance approval from two Residential Design Standards for a new single family home located at 431/433 W. Hallam Street; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, upon review of the application, the applicable Land Use Code standards, the Community Development Director recommended denial of the two Variance requests; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on January 7, 2014, and where the hearing was continued to January 21"and again to March 4`h; and WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets the applicable review criteria for one requested variance but not both, and that the approval of the one request is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, the Planning and Zoning Commission approves one of the requests; and WHEREAS,the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW,THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission: Section 1: Residential Design Standards Variances Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves one of the variance requests from the following Residential Design Standards that are underlined below, as represented in the application presented before the Commission and included as an exhibit to this resolution: Page 1 of 3 Debbie Quinn,Assistant City Attorney Ers amer, Chair ATTEST: Linda Manning, Records I anager Attachments: Exhibit 1: Approved site plan, elevations Page 3 of 3 Regular Meeting Planning & Zoning Commission March 4,2014 U Erspamer, Chair, called the meeting to order at 4:30 PM with members Tygre, Gibbs, Walterscheid, McNellis, Nieuwland-Zlotnicki, and Elliott present. Also present from City staff; Debbie Quinn,Jennifer Phelan and Sara Naldony COMMISSIONER COMMENTS Ms.Tygre said she stopped by the open houses at Aspen Square on her way to the meeting. There are 3 studios on the market. She said these are an example of the type of lodging that has worked for the past 40 years. She said Staff's hybrid units may be similar to these. They rent well and have been upgraded by the owners and are competitive. She said they are only 500 square feet. Mr. Erspamer said he had dinner with someone who works at the Limelight and they said they are busy in the off season. They have a Colorado rate and they are full. STAFF COMMENTS: Jennifer Phelan gave two dates for the commission training and the board agreed to the 3-18 meeting since so far there is no agenda item. Debbie Quinn suggested that at the training each member give a brief background so the members get to know each other. Ms. Phelan said that council gets their packets through a software where the info is uploaded and wanted to know if there is a preference for paper packets or going digital. Mr. Erspamer said he prefers paper. There was no interest from the commission in going paperless. Ms. Phelan asked if the commission still wants to receive the Community Development Update and they said yes. PUBLIC COMMENTS: There are no public comments. MINUTES - February 18, 2014 Ms.Tygre made a motion to approve the modified minutes seconded by Mr. Elliott. All in favor, motion passed. DECLARATION OF CONFLICT OF INTEREST Mr. Gibbs recused himself from the public hearing for 431/433 W. Hallam St. Ms. Quinn explained what a conflict of interest is. Public Hearings - 431/433 W. Hallam, Residential Design Standards Variances - Continued public hearing Ms. Phelan stated the application was heard on January 7`h but there was a limited board so the applicant's representative asked for a continuation to this meeting. This application is for 431/433 W Hallam St. Dylan Johns is the representative. The property is a duplex on a corner lot in the West End. The existing duplex is proposed for demolition with replacement of a new single family residence. The lot is 6000 square feet and does not have alley access. The residential design standards for lots with no alley access require that the garage be set back 10 feet further than the front most wall of the house. The design of garages are to have the look of being single stall doors or looking like single stall doors to break up the massing of the garage doors. The applicant is requesting not to be required to set the 1 Regular Meeting Planning & Zoning Commission March 4, 2014 a sidewalk attainment zone. He also said this particular lot is several feet above the street level and there is a noticeable slope. Mr.Johns said the attempt to camouflage the doors is to really reduce the presence of the garage from the street. He said if the commission prefers a two door solution they are fine with it. He said it is possible to keep the massing as it was and have the plane of the garage come across in the same way. He said Staffs opinion is based on what the code says they need to do but it is not about whether the code says you can or can't but whether the code makes sense to this application and if other factors apply. Mr. Erspamer asked what was added since the last presentation. Mr.Johns said he added the slide showing the pushed back version with the door face out to break up the fagade. Mr. Erspamer asked how many of the 11 lots with the same configuration have been built recently. Mr. Johns pointed out several Victorians, a converted garage, a duplex and one built in the 70's. Mr. Erspamer asked Mr.Johns where he got the definition of hardship. Mr.Johns replied that is his understanding of the definition. Ms. Phelan said there is no definition of hardship in the code. Mr. Erspamer asked if there is an easement for a side walk. Mr.Johns said no. Ms. Phelan said there is public right of way of about 10 feet on either side of the curb. She said the property line is shared with the right of way. Ms.Tygre said there was a time when properties were redeveloped they were required to join a sidewalk improvement district. Ms. Phelan said she doesn't know anything about that. Mr. McNellis said from the roof plan it does not look like they are losing any yard space. Mr.Johns put up a diagram that illustrates the yard loss better than what was in the handout. He said the reason of pushing the upper mass forward is to get more sky. Mr. Goode asked if they did have access from the alley would they need the set back. Mr.Johns said if they had alley access the wall of the garage could go up along the front fagade by right. Mr. McNellis asked in that situation would the material change on that side of the house be required. Mr.Johns said other than materials being used appropriately there would be no need. Mr. Erspamer asked if they could they make a fagade on the garage door to look like two doors without actually having two doors. Mr.Johns said they can and would be happy to do that if the commission didn't like the hidden concept. Mr. Erspamer opened the public comment. No Public comment. Mr. Erspamer closed the public comment period. Ms.Tygre stated Mr.Johns comment on how he interprets the code may apply to him but the commission needs to follow the code the way it is written. She said looking at A and B in the standards, the appropriate design or pattern of development considering context doesn't mean every single house that is existing has to have a certain context for it to be considered neighborhood context. The overall impression of the West End is one where we want to minimize the appearance of garages. The fact there are exceptions is not a convincing argument. She stated the second one about unusual site specific constraints refers to things like a creek running through or physical constraints not that the applicant bought a piece of property without alley access. She stated that was a choice and not a site specific constraint. She stated for those two reasons she has to support Staffs recommendation. Mr. Walterscheid said based on his understanding of how the lot is set up the garage does not face the front of the house and in his opinion where the code states"the part which shall be set back at least ten feet further from the street than the front most wall of the house". He said although it is facing the side street it is not facing the front of the house. He said he has done the same thing Mr.Johns is suggesting 3 Regular Meeting Planning & Zoning Commission March 4, 2014 Mr. Erspamer said there are two decisions, one about the garage door and the set back of the garage. Ms.Tygre made a motion to deny resolution 2. No second, motion died. Mr. Walterscheid made a motion to approve resolution 2. No second, motion died. Raise of hand vote to see where the commission stands: who wants no ten foot set back—one vote Who is in favor of ten foot set back—six votes. Can there be a single garage door to make it look like two garage doors— Mr. Walterscheid said what they are approving is an alternate material to make it appear as one door. six votes Ms. Phelan said currently the one garage door variance is written so that the door materials match the surrounding materials and wants to be clear that the one garage door can have separate looking materials. Mr. McNellis said it could be separate materials or match the siding. Mr. Erspamer said he prefers to leave it to the applicant. Ms. Phelan said the motion will be to amend section one to deny variance 1a and 1b is granted with the change that it is a two car garage door that either matches the materials used surrounding the garage or alternative materials. Mr. Erspamer asked her to state it again and Ms. Phelan said it would allow applicant to build a two car garage door that does not need to look like a two stall door and there will be no language of materials. Mr. McNellis made a motion to approve resolution 2 as written with the changes to deny 1a and change 1b to have a two car garage door that does not need to look like a two stall door, seconded by Mr. Goode. Roll Call: Mr. Elliott yes, Mr. Nieuwland-Zlotnicki yes, Mr. Walterscheid Yes, Mr. McNellis yes, Mr. Goode yes, Ms.Tygre No, Mr. Erspamer Yes. Motion carries. 825 Roaring Fork Road - Residential Design Standards Variance Ms. Quinn said she has reviewed both affidavits of public notice, exhibit c, and they are appropriate. Sara Nadolny, planner technician, said the applicant is Charles and Elizabeth Koch Real Estate Trust and representing the project are Glenn Horn and Julie Maple. She stated it is a land use review regarding residential design standard. It is a residential West End property in the R15 zone district in the Second Aspen Company Subdivision. The property is undergoing a remodel of the front fagade and the applicant is requesting a variance from the standard that prohibits windows in the 9-12 foot area. The reason for the standard is to preserve the established neighborhood scale and character and promote the pedestrian experience. She stated the 9-12 foot zone is typically an area where a 2"d level would exist. The separation breaks up the massing of the building into two recognizable floors and reduces the bulk of the building. Ms. Nadolny said the applicant is proposing two windows at the front door location on either side of the transom. The transom is permitted by right in the code. The windows are approximately 4%:feet wide by 2 feet tall. Only one foot of the height spans into the no window zone. She stated there are two criteria to judge a variance, either a hardship on the lot-site specific constraint or an established neighborhood character. She said this is a remodel and they are not finding any site specific constraints. She stated this is a very diverse neighborhood with different types of architectural styles. She said all of the homes in the neighborhood were built prior to the no window zone code which was included in the code in 2005. She stated the majority of the homes do not have this condition visible. 5 • � � 14 MEMORANDUM To: Planning and Zoning Commission FROM: Jennifer Phelan,Deputy Planning Director RE: 431/433 W. Hallam Street-Residential Design Standards Variances,- Public Hearing(continued from January 7th and January 20 DATE: March 4,2013 Applicant: DH Hallam LLC Representative: Dylan Johns ' Zoning: R-6 (Medium-Density Residential) Land Use: Existing duplex proposed to be demolished and replaced with a Single-Family Residence r Request Summary: The Applicant is requesting i two variance from the Residential Design y: Standards with regard to the setback required of a garage and the appearance of the garage door. 431/433 W. Hallam (from Hallam) Staff Recommendation: Staff recommends denial the variance requests. (from N. 4 'Street) NOTE: At the end of the January 7' hearing, the Applicant's representative requested a continuation of the hearing to January 21" and then to March 4`''. The request was partly due to the fact that the original hearing had a minimum number of Commissioners present and the Applicant's representative indicated his preference to have the agenda item heard under a full Page 1 of 6 P15 0 Commission. Included as an exhibit are the minutes from the January Th hearing as no hearing was conducted on January 21'. Otherwise there are no changes to the staff memo. LAND USE REQUESTS: The Applicant proposes to demolish an existing duplex on the corner lot and replace it with a new single family residence. The Applicant is requesting two variances from the Residential Design Standards, one that requires a street facing garage to be set back further than the front— most wall of the house and one that requires street facing garages to either be single-stall doors or double-stall doors that look like single-stall doors. Variance approval from the Residential Design Standards pursuant to Land Use Code (L.U.C.) Section 26.410.020 D., Variances. The applicant is requesting a variance from L.U.C. Section 26.410.040 C.2.b and f: "The front fagade of the garage or the front-most supporting column of a carport shall be set back at least ten (10) feet further from the street than the front-most wall of the house." "If the garage doors are visible from a public street or alley, then they shall be single- stall doors, or double-stall doors designed to appear like single-stall doors." REVIEW PROCEDURE: Variances from the Residential Design Standards shall be approved, approved with conditions, or denied after review and consideration during a duly noticed public hearing by the Planning and Zoning Commission under L.U.C. Section 26.410.020 D., Variances. Figure 1: Vicinity in Subject ' E Site �var Page 2 of 6 ® P16 PROJECT SUMMARY: The Applicant is proposing to demolish the existing duplex located at the comer of N. 4a' Street and W. Hallam Street and construct a new single-family residence and accessory dwelling unit (ADU). The 6,073 sq.ft. lot does not have access to the alley opposite W. Hallam Street as a separate lot is located between the subject lot and alley. As the lot does not have alley access the garage and parking for the site is proposed along N. 4"Street. Figure 2: Lot Configuration iWST HALLA�M T1REE7 lox �1 1 I I 1 ( I I I Alley The proposal is to have the face of the garage flush with the fagade along N. 4t1' Street, rather than set back ten (10) feet from the front-most fagade as required by the Land Use Code and as shown in Figure 2,below. Figure 3: Original and Proposed site plan ----------T-- -- ------T--------- -------- i I I I I � 1 `I •I I II � I ' I I I I I I i I 1 I 1 F I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I Page 3 of 6 .� c! :!' Ir"F•,Tlt y {{r+rU': 4" r �'� •d � F ,r<r.t t; i -t. .r'� e j'? S; '�. �4 -;' rY �tv r r t' Y,l �''si'j; irk�(� t•�l -,t1�'t� '%�� 3�F r �. c.k,.r fF� .I�,/�,y � tr .1� .�ylt}'�� r A �-Rd+�' •n x. �/�£ '� r �•r3cA-t .ay�,ts- iY �y,�,u; �, +��;.�y,,:5t���. � t ,,±•,. -.>•�r k S 1w.�,�. arY ���`, ,t s i'1} t r.Ft T'a� 3 i`t S'�'' � ��., '•� - f a��- ■ � t.. 1; � t fr•r rr � a t� t�t?'t P18 STAFF ANALYSIS: RESIDENTIAL DESIGN STANDARD VARIANCES: All new structures in the City of Aspen are required to meet the residential design standards or obtain a variance from the standards pursuant to Land Use Code Section 26.410, Residential Design Standards. The purpose of the standards "is to preserve established neighborhood scale and character....ensure that neighborhoods are public places....that each home...contribute to the streetscape." Additionally, "Parking areas are to be concentrated to the rear or side of each residence." Parking, garages and carports. As noted previously, the parking, garages and carport standard requires that "all residential uses that have access only from a public street" meet certain design standards including having the garage located behind the fagade of the building and to have garage doors "be single-stall doors, or double-stall doors designed to appear like single- stall doors." The intent of this standard is "to minimize the presence of garages and carports as a lifeless part of the streetscape where alleys do not exist." There are two review standards that the applicant may meet if the Board is to grant a variance from the standard, Section 26.410.020 (D)(2): a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Staff Comment: Residential Design Standards have been adopted to contribute to the streetscape, enhance the pedestrian environment and promote architectural elements that are important components to neighborhood character. Although older development examples are sprinkled throughout the neighborhood that do not comply with the garage door standard, some do. The historic context within the West End is to have detached accessory structures, such as garages, located towards the rear of the property. As this is an attached garage, providing a garage entrance that is set back from the fagade assists in minimizing its presence along the street and should be required with new development. This variance request is not related to reasons of fairness or unusual site specific constraints, as the Applicant has shown within the application that the set back standard can be met. Adopted standards require garages that are single-stall doors or double-stall doors that look like single-stall doors. The intent of the standard is to break up the mass of the garage doors, Page 5 of 6 P19 STAFF RECOMMENDATION: In reviewing the proposal, Staff believes that the request does not meet the variance review standards that are set forth in Land Use Code Section 26.410.020 D, Variances, for the Parking, garage and carport'variance request as there are examples of residences meeting the standard and there is not a site specific constraint. Staff recommends the Planning and Zoning Commission deny this application. The Resolution is written in the affirmative, approving the request. Changes may be necessary depending on the motion. RECOMMENDED MOTION: "I move to deny Resolution No. , Series of 2014, approving variance requests from the Residential Design Standards." ATTACHMENTS Exhibit A -Review Criteria& Staff Findings Exhibit B—Application(provided on 1/7/14 and 3/4/14 for new commissioners) Exhibit C—Hearing minutes from the January 7, 2014 Page 6 of 6 P20 Resolution No. (SERIES OF 2014) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING RESIDENTIAL DESIGN STANDARDS VARIANCES AT 431/433 W. HALLAM STREET,LEGALLY DESCRIBED AS THE NORTHERLY 70 FEET OF LOTS A,B,AND C,EXCEPT THE EASTERLY 39 INCHES OF LOT C, ALL OF WHICH PROPERTY IS SITUATE IN BLOCK 36 IN THE CITY AND TOWNSITE OF ASPEN Parcel No. 273512433001 WHEREAS, the Community Development Department received an application from Dylan Johns of Zone 4 Architects, on behalf of DH Hallam LLC requesting Variance approval from two Residential Design Standards for a new single family home located at 431/433 W. Hallam Street; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, upon review of the application, the applicable Land Use Code standards, the Community Development Director recommended denial of the two Variance requests; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein,has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on January 7, 2014, and where the hearing was continued to January 21"and again to March 40% and WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets the applicable review criteria and that the approval of the request is consistent with the goals and objectives of the Land Use Code; and, WHEREAS,the Planning and Zoning Commission approves the requests; and WHEREAS,the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health,safety,and welfare. NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission: Section 1: Residential Design Standards Variances Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves two variances from the following Residential Design Standards that are underlined below, as represented in the application presented before the commission and included as an exhibit to this resolution: P21 A. 26 410.040.C.2.b. Parking, garages and carports. The front fa de of the garage or the front-most supporting column of a carport shall be set back at least ten(10) feet further from the street than the front-most wall of the house. The variance granted from sub-section 26.410.040.C.2.b. allows the applicant to build a garage that is flush with the building along N. 4`h Street. B. 26.410.040.C2.f. Parking, garages and carports. If the garage doors are visible from apublic greet r alley,then then shall be single-stall doors,or double-stall doors desi ned to appear like single-stall doors. 'Me variance granted from sub-section 26.410.040.C.2.f. allows the applicant to build a two car garage door that matches the materials used surrounding the garage. Section 2: Building Permit Application Other than the two variances granted, the building permit application shall be compliant with all other standards and requirements of the City of Aspen Municipal Code and all other adopted regulations. Section 3: Impact Fees and School Lands Dedication Fee-in-Lieu The Applicant shall pay all impact fees and the school lands dedication fee-in-lieu assessed at the time of building permit application submittal and paid at building permit issuance. Section 4: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided,and the same shall be conducted and concluded under such prior ordinances. Section 6• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its meeting on March 4, 2014. P22 APPROVED AS TO FORM: Planning and Zoning Commission: Debbie Quinn,Assistant City Attorney LJ Erspamer, Chair ATTEST: Linda Manning;Records Manager Attachments: Exhibit 1: Approved site plan, elevations P23 EXHIBIT A REVIEW CRITERIA&STAFF FINDINGS A. RESIDENTIAL DESIGN STANDARDS REVIEw No variance shall be permitted unless the Planning and Zoning Commission makes a determination that the proposed development complies with either of the requirements set forth below: a. Provide an appropriate design or pattern of development considering the context in which the development is 'proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Staff FindLng Residential Design Standards have been adopted to contribute to the streetscape, enhance the pedestrian environment and promote architectural elements that are important components to neighborhood character. Although older development examples are sprinkled throughout the neighborhood that do not comply with the garage door standard, some do. The historic context within the West End is to have detached accessory structures, such as garages, located towards the rear of the property. As this is an attached garage, providing a garage entrance that is set back from the fagade assists in minimizing its presence along the street and should be required with new development. This variance request is not related to reasons of fairness or unusual site specific constraints, as the Applicant has shown within the application that the set back standard can be met. Adopted standards require garages that are single-stall doors or double-stall doors that look like single-stall doors. The intent of the standard is to break up the mass of the garage doors, although a "Seamless"finish may assist in minimizing the presence of the garage, the curb cut and driveway are telltale signs that there is a garage. A hidden look can still be accomplished by providing two stalls. Staff does not find either criterion met. P24 Relzular Meeting Planning& Zoning Commission January 7, 2014 U Erspamer, Chair,called the meeting to order at 4:30 PM with members Tygre, Myrin and Gibbs present. Also present from City staff; Debbie Quinn and Jennifer Phelan COMMISSIONER COMMENTS Mr. Myrin asked if the Motherlode affordable housing has been occupied and Ms. Phelan stated she did not know. Mr. Myrin said there is an open house this week and he may attend. Mr. Erspamer stated he went to the work session last night for the cash in lieu discussion. He stated that the council wanted more accurate data so they can figure out_what kind of system can be used to create the cash in Lieu program. Ms.Tygre asked for more clarification and Ms:Phelan said there was a study for the cash in lieu in regard to income categories and it showed the current numbers are quite low to what today's market would require. Ms.Tygre asked why it has to be an ADU and Ms. Phelan said that is one of the options when building a single family home or duplex. Ms.Tygre said she wanted clarification that an ADU is one of the options and not a requirement. STAFF COMMENTS: There is a joint work session on Monday February,3`d with City Council. PUBLIC COMMENTS: There are no public comments MINUTES - December 17, 2013 Mr. Gibbs made a motion to approve the minutes from December 17`h,seconded by Mr. Myrin. Election of Chair and Vice Chair Ms.Tygre suggested the commission wait until more members are present before a decision is made. . Ms. Quinn stated that the commission can delay if they do not feel there is a sufficient number of members present. Mr. Gibbs made a motion to continue the election of chair and vice chair,seconded by Ms.Tygre. All in favor, motion carried. DECLARATION OF CONFLICT OF INTEREST Mr. Gibbs recused himself from the public hearing. Public Hearing- 431/433 W. Hallam St. Residential Design Standards Variances Mr. Erspamer notified the applicant that since only three members are present,all three members need to vote in the affirimative in order to pass a motion one way or the other. He told the applicant that if he feels the hearing is not going the way he would like he could continue until more commissioners are present. The applicant said he has spoken with the owner and he would like to present the application and see where the commission stands before they make a decision to continue or not. 1 P25 Regular Meeting Planning& Zoning Commission. January 7, 2014 Ms. Quinn stated she has reviewed both affidavits of public notice and they are appropriate. Ms. Phelan,community development department, stated that the application is a request for two variances from the residential design'standards. The property is 431 and 433 W Hallam. It is a corner lot in the West End on the corner of Hallam and 4th Street. There is an existing duplex. The owner is proposing to demolish and redevelop with a new single family home. She said that Dylan Johns is the representative for the applicant, DH Hallam, LLC. The lot is just over 6,000 square feet. There is not alley access because of how the property was subdivided in the past. The residential design standards have a provision that for lots without alley access a garage is required to be set back ten feet further that the front most wall of the house. There is another standard that requires garage doors that face the street to be either single stall doors or appear to be single stall. There are multiple residential design standards for single family homes including orientation and window requirements. She stated that the request tonight is not to have to set back the garage but be flush with the rest of the wall of the house and to provide a double garage door that matches the surrounding materials. The garage door should be hidden and blend in with the rest of the surrounding materials. Ms. Phelan stated the design standards are in place to preserve the neighborhood character. The intent is to have homes that contribute to the street scape and insure parking is concentrated to the rear or side of the home. She said that in regards to garage doors the intent of the standard is to minimize the presence of garages as a lifeless part of the street scape. To grant a variance from the design standards the board needs to determine that the design solution, as being proposed, is an appropriate solution considering the context of the neighborhood and the purpose of the standard, or be clearly necessary for reasons of fairness related to unusual site constraints. Ms. Phelan said the purpose of the standards is to minimize the visual impact of garages. She said that the historic pattern of the West End is to have garages that are detached accessing the alley or a side street as an accessory structure. She said that this helps to minimize the presence of _garages. This is a new redevelopment project and Staff feels that the standards should be met. The overall context of the West End warrants meeting the standard. She stated that Staff does not see this having unusual site constraints. There are multiple lots in the West End that do not have alley access, Pearl Ct., parts of N 4t'St.,Lake. Ms. Phelan said that as shown in the application the standard can be met. The garage can be set back to meet the 10 foot setback. She stated that they can use materials that blend in with the rest of the home for the garage door. Ms.Tygre asked what hidden garage door means. Ms. Phelan said it is using similar materials so the garage door blends in with the rest of the materials of the home. There is no real official definition of hidden. Mr. Myrin asked if the garage is along the front most wall or side wall of the home. Ms. Phelan replied that the standard is when it is street facing so as a corner lot it would need to be set back on either side. Mr. Erspamer asked if it is a single family home. Ms. Phelan replied it will be a single family home. Dylan Johns,Zone 4 Architects, is representing DH Hallam. He stated that the project involves an existing duplex, late 60's edition. It is a single story home with a few set back encroachments. There is one on the 4th Street fagade about five feet over the line and a few inches on the East side. He said that trying to put a single family home with an ADU and a detached garage on a lot of this configuration is 2 P26 Regular Meeting Planning& Zoning Commission January 7, 201.4 extremely difficult. He said the reason they are here tonight is not to say that they could not come up with a solution to get the garage in there but they have a solution where the owner is a bit uncomfortable with the amount of outdoor area remaining. He said that because of the site condition and property configuration the project may not work for the owner. Mr.Johns noted that the garage on the Weaver property contains a garage as well as a surface parking area. The owner has been in talk with the owner of the Weaver property to try to acquire rights to go through the surface parking part of the property. So far the price is where they do not want to do it. Mr.Johns said that they are asking to move the garage mass towards the front fagade of the building which would open up the outdoor area by 21 percent.-He stated-if they did-have alley access it would be allowed and the only difference would be the garage doors would be off to the side. He said there are a few options of making the garage doors blend in to the fagade. He stated he took a half block radius and looked at the existing garage conditions. He pointed out multiple examples of Victorian and similar era homes that do not conform to the standard. He stated that there are 11 non-conforming garages in the three blocks he looked at. He stated that doing the hidden door solution is not a deal breaker. Mr. Erspamer stated if the garage set back is ten feet there would be an overhang of ten feet. He asked if the applicant is requesting to not have the set back but leave the garage flush with the house. Mr. Johns said they would like to bring it flush to the fagade. He said they don't feel that the pedestrians are being impacted here and it is not a sidewalk attainment zone and there is no current sidewalk. He said there is a few feet rise from the curb line to where the house is built. He also said there is an irrigation ditch that runs through along 4th Street. He said they are losing usable space.for the family on the interior courtyard in exchange for conforming to the design regulations. He said the town is not gaining anything but the owner is losing a significant portion of their outdoor space. Mr. Erspamer asked if there was a survey of what the back looks like ten feet in. Ms. Phelan replied it is diagram A100. He also asked if there are two doors would there need to be a post in the middle. Ms. Phelan said the requirement could be two individual doors that require a post or one double door that appears to be one door. Mr. Erspamer opened the public comment. Scott Hoffman,the owner of 501 W Hallam,stated he is new to the area and came for information. He said that if Staff says no then it should be no. He said the main reason seems to be they want more yard. Mr. Hoffman said that his home would be remodeled at some part. Mr. Erspamer stated that normally the commission does not let dialog go on and asked if he had an opinion one way or another. Mr. Hoffman stated he thinks the house looks better with the offset forms. Mr. Erspamer closed the public comment. Ms.Tygre stated that there are residential design standards and they are very clearly explained in the code. She said they need to choose A or B or not at all. That is the role of P&Z. She stated if it meets A or B they approve it and if it does not they don't approve it. She said everything else they are discussing is not relevant including their own opinions. She wants to focus the discussion on either A or B. She stated she is trying to find anything in the presentation that would contradict what Staff's findings are. She stated she did walk around the property this afternoon and double garage doors seem like a very suburban subdivision approach. She said that the context makes the design not compatible with the neighborhood unless there is a way to disguise the doors. She said the original solution did as good a 3 P27 Regular Meeting Planning& Zoning Commission January 7, 201.4 job for the double garage and what is proposed is not an improvement over that. She said she can't find the justification in the code as it is written to grant this request. Mr. Myrin stated that page 16,A and Band Staff's comments summarize what he would say. He agrees with Staff and if it is something where they need to change the code then they should change the code and should not be a one-time exception for a brand new construction. He said the house does not need to be as large as it is and they can give some of the house space to yard space or some ADU space to yard. Mr. Erspamer said that he and his wife own a unit with no alley and it is a hardship. He said that the blank door does not meet the code. He said it is acceptable to put a fagade on the door to make it blend in and look like two single doors. He said he does not see anything compelling why they can't do the set back other than losing ten feet in the yard on the backside. He said it gives it dimension and unless he sees something compelling he agrees with Staff. Mr.Johns stated he would like to continue and discuss with the owner. He asked if the feeling is that the alley condition does not represent a hardship. Ms.Tygre and Mr. Myrin agreed with this. Ms.Tygre made a motion to continue to the January 2111 meeting,seconded by Mr. Myrin. All in favor, motion passed. Mr. Myrin made a motion to adjourn,seconded by Ms.Tygre. All in favor, motion passed. Linda Manning Records Manager 4 I Z O . N E r1 AML� 1N3iNd013MG AUNnNwoo � 'Ir N3dSd A0 A113 EIR 0 7 AON ARCHI TE CTS "O. a3A1333H November 19, 2013 Attn: City of Aspen Planning&Zoning Commission Members RE: Request for Residential Design Standards variance for property located at 431/433 West Hallam Street. To the esteemed members of the Planning and Zoning Commission, This is an application to consider a variance exemption from Section 26.410.040.C.2.1b of the Land Use Code, which states: "The front fagade of the garage or the front-most supporting column of a carport shall be set back at least ten (10) feet further from the street than the front-most wall of the house." The subject property is currently configured as a duplex residence and is located has the addresses 431 & 433 West Hallam Street. The proposed design involves the demolition of the existing structure and replacing it with a Single Family Residence+ADU. The configuration of this property is somewhat unique when compared to the predominant sub-urban pattern of development in the West End. Rather than occupying two platted town site lots and having the long axis of the lot extending from the Street to the Alley(North/South), the long axis of this property is oriented across a portion of three town site lots in an East/West direction. The southern 1/3 of the three lots are owned by the Weaver Subdivision with the address of 422 West Bleeker Street, and this area currently serves as surface parking and a single story garage for the 422 West Bleeker residence. The effect of this is anomaly is that the property at the corner of 4th and Hallam Street does not currently have driveway access to the alley and is forced to access the property via a curb cut on 4th Street. IF the Property did have driveway access to the alleyway (and the garage doors hence facing the alley),this variance would not need to be requested, since the language within Section 26.410.040.C.2.b specifically states that the front facade of the garage (i.e.garage doors) is required to be setback from the front fagade of the Residence by 10 feet, but does not specify that any other portion of a garage must be located 10 feet behind the front fagade of the Residence. The Residential Design Standards were established to primarily protect the character of the West End from redevelopment which was occurring there in the late 80's and early 90's, and thus were codified around typical lot configurations found in this Zone District. The variance process was established to address situations where the lot configurations ZONE 4 ARCHITECTS 110 BOX 2508 ASPEN COLORADO 81612 4 did not conform to the typical 30x100 foot platted lots which spanned from Street to Alley, both in the West End and in other Zone Districts within the City of Aspen. In response to the criteria for review of this variance request application,please see below: 2. Y ariances from the Residential Design Standards,.Section 26.410.040, which do not meet this Section, mcry be granted by the Planning and Zoning Commission, the Board of Adjustment or the Historic Preservation Commission. if the project is subject to the requirements of Chapter 26.415.An applicant Tvho desires to consolidate other requisite land use review by the Historic Preservation Commission, the Board of Adjustment or the Planning and Zoning Commission may elect to have the variance application decided by the board or commission reviewing the other land use application.An applicant who desires a variance from the Residential Design Standards shall demonstrate and the deciding board shall find that the variance, if granted would: a)Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of'the particular standard.In evaluating the context cis it is used in the criteria, the reviewing board may consider the relationship of the proposed development ivith adjacent.structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted: or -Response: There are several properties in the immediate vicinity of the subject property which do not conform to Section 26.41.0.040.C.2.b The proposed design is not out of context within the immediate neighborhood. b)Be clearly necessmy.for reasons offairness related to unusual site-specific constraints. -Response: This Property has unusual site-specific constraints by virtue of the atypical lot configuration,which creates an unfair burden on the property because Section 26.410.040.C.2.b forces the reduction of usable lot area that is not within a right of way or setback for no other reason than the Property Owner not being unable to utilize the clear access to the alley. Application of 26.410.040.C.2.b in this case does not further the intentions of this code section by either"minimizing the potential for conflicts between pedestrian and automobile traffic"(as the lot is not located within the City's Sidewalk Attainment Zone, and the right of way is not pedestrian friendly by nature of being sloped), or"reduce lifeless parts of the streetscape"by virtue of a having a slight facade offset and creating longer driveway. If the intention of the code section is to minimize the presence of what a garage door looks like to a pedestrian,there are much more effective ways of masking the visual impact of these elements(examples below),although an additional variance from variance from Section 26.410.040.0.l.b would be also required. It is important to consider that if the Property Owner was able to secure an access easement or property rights to the portion of the Weaver Subdivision area which would allow entry to the garage from the alley,the garage wall facing 4�'Street would be allowed,by right,to have the same western garage wall setback as what is being requested in this application. Thank you for your consideration, Dylan Johns, Zone 4 Architects ZONE 4 ARCHITECTS PO BOX 2508 ASPEN COLORADO 81612 Examples of Garage Doors which do not look like garage doors. Implementation of door designs below would also require a variance from Section 26.410.040.0.Lb `7f the garage doors tyre visible fi°om a street or alley, then they shall be single-stall doors or double-.stall doors designed to appear like single-stall doors. " i I l� ) � �• d )F e i Y LONE 4 ARCHITECTS PO BOX 2508 ASPEN COLORADO 81612 CITY OF ASPEN PRE APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny, 970.429.2739 DATE: 10.22.2013 PROJECT: 431/433 West Hallam St REPRESENTATIVE: Dylan Johns&Bill Pollock-970.948.6787 TYPE OF APPLICATION: Residential design standards variance DESCRIPTION: The potential applicant is interested in demolishing the existing duplex on the site and replacing it with a single family residence and on-site ADU. The subject parcel is approximately 6,073 sq. ft. (per the Assessor, a survey is required to confirm the actual lot area), and is located in the R-6 zone district. The property does not have access to the alley directly south, as a portion of the land adjacent to the subject parcel and the alley belongs to the neighboring Weaver subdivision, the bulk of which exists just across (south of)the alley. The potential applicant has proposed a design where the garage's front facade is set back less than ten (10) feet from the front-most wall of the house. This will require a variance from Section 26.410.040.C.2.b of the Land Use Code, which states: 'The front facade of the garage or the front-most supporting column of a carport shall be set back at least ten (10) feet further from the street than the front-most wall of the house." A public hearing will be scheduled before the Planning & Zoning Commission. Notice requirements include publication, mailing and posting per section 26.304.060(E)(3)(a)-4c). Below is a link to the Land Use application Form for your convenience. hftp://www aspenpitkin com/Portals/0/docs/City/Comdev/Apps%20and%2OFees/2011%20land%20use %20app%20form.pdf Provided below is a link to the Land Use Code. http://www aspenpitkin com/Departments/Community-Development/Planning-and-Zoningrritle-26-Land- Use-Code/ Applicable Code Section(s) 26.304 Common Development Review Procedures 26.314 Variances 26.410.040.0 Parking, garages and carports Review by: Community Development Staff for complete application Planning &Zoning Commission for determination Public Hearing: Required Fees: $3,250 deposit for up to 10 hours of review(additional billable hours, or hours to be refunded will be at the rate of$325 per hour) To apply, submit the following information • Total Deposit for review of application. • Pre-application Conference Summary. • Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. • Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. • A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. • A recent survey of the subject parcel. • Completed Land Use application and signed fee agreement. • An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. • Existing elevations of the development. • A written description of the proposal and a written explanation of how a proposed development complies with the review standards (26.410.040) relevant to the development application. • 10 copies of the Land Use Application and all additional letters, maps, and agreements. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. January 9, 2013 City of Aspen Building Department 517 E. Hopkins-Ave Aspen, CO 81611 RE: 4311433 West Hallam Owner Authorization Parcel ID#273512433001 To Whom it May Concern: Zone 4 Architects has the authorization of DH Hallam LLC, the property Owner, to meet with City of Aspen officials as well as submit any required land use applications,permit applications, and change orders for the sole purpose of constructing of a new residence on the property currently designated by the addresses 431 &433 West Hallam Street in Aspen Colorado and having a Parcel ID#273512433001. Sincerel;, Ma DH Hallar Joeseph Land Title Guarantee Company CUSTOMER DISTRIBUTION Land TWe coAwwM CDMMM WwWATcc.cor Date: 11-02-2012 Our Order Number. Q62004916 Property Address: ' 431-433 W HALLAM ST ASPEN,CO 81611 If you have any inquhies or require further assistance,please contact one of the numbers below: For C 9 ft Assistance: For Tide Assistance: Kate Staskauskas Aspen Title Dept. 533 E HOPKINS#102 Kurt Beereboom ASPEN,CO 81611 533 E HOPKINS#102 Phone:970-925-1678 ASPEN,CO 81611 Fax: 800-318-8202 Phone:970-925-1678 EMail: kstaskauskas @hgc.co% Fax: 970-925-6243 �t EMad: kbeereboom @hgc.cwm ASPEN SNOWMASS SOTHEBY'S INTERNATIONAL REALTY BJ ADAMS AND COMPANY*TMX* 415 E HYMAN AVE 534 E HOPMS AVE ASPEN,CO 81611 ASPEN,CO 81611 Attn: TRACY EGGLESTON Attn: ANDREW ERNEMANN Phone: 970-948-7130 Phone: 970-379-5125 Fax: 970-920-3880 Fax: 970-920-2927 EMail:tracyaspen @yahoo.com EM":andrew @bjac.net Sent Via EMail Sent Via EMAI ._ WALNUT CREEK RANCH LLC LAItiESHORE COMMUNITIES,INC 4520 MAIN ST#1060 Attn: JOE WOLF KANSAS CITY MO 64111 EMail:JWOLF@LAKESHOREMHC.COM Attn: BUSH HELZBERG Sent Via EMAI . EMail:BUSH@PVAFUND.COM LAND TITLE GUARANTEE COMPANY ASPEN SNOWMASS SOTHEBY'S INTERNATIONAL REALTY 533 E HOPIG NS#102 415 E HYMAN AVE ASPEN,CO 81611 ASPEN,CO 81611 Atin: Kate Staskauskas Attn: ASHLEY CHOD Phone: 970-925-1678 Phone: 970-925-8060 Fax: 800-318-8202 Fax: 970-920-9993 EMail:kstaskauskas @1tgc.com EMail:mbley.dwd@sothebysreatty.com Sent Via EMail Land Title Guarantee Company CUSTOMER DISTRIBUTION Laid TWe WARANM COMPANY WWWAT6C.00Y Date: 11-02-2012 Our Order Number: Q62004916 Property Address: 431-433 W HALLAM ST ASPEN, CO 81611 ASPEN SNOWMASS SOTHEBY'S INTERNATIONAL REALTY 415 E HYMAN AVE ASPEN,CO 81611 Attn: ROBERT EGGLESTON,]R Phone: 970-925-6060 Fax: 970-920-9993 EMail:BUBBAEGG @YAHOO.COM Sent Via EMail 11.15.12 oacivKRT.o (9/2003) Land Title Guarantee Company Date: 11-02-2012 Land We Our Order Number: Q62004916 GUARANTEE COMPANY WWW,LTcc.cor Property Address: 431-433 W HALLAM ST ASPEN, CO 81611 Buyer/Borrower: LAKESHORE COMMUNMES,INC Seller/Owner: WALNUT CREEK RANCH,LLC, A KANSAS LIMITED LIABILITY COMPANY Wire Information: Bank:ALPINE BANK 600 E HOPKINS ASPEN, CO 81611 Phone: Credit: ABA No.:102103407 Account:ZOZW10529 Attention:Kate Staskauskas Need a map or directions for your upcoming dosing?Check out Land Title's web site at www.Itgc.com for directions to an of our 54 office lows. ESTIMATE OF TITLE FEES ALTA Owners Policy 06-17-06 $4,552.00 Deletion of Standard Exception(s) (Owner) $65.00 Tax Report $25.00 If Land Title Oaarantse Company W+LU be closing this transaction, above fees will be collected at that time. TOTAL $4,642.00 roe ccvr m 06/04 THANK YOU FOR YOUR ORDER[ mmmmmj Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. Q62004916 Schedule A Cust.Ref.: Property Address: 431-433 W HALLAM ST ASPEN,CO 81611 1. Effective Date: October 24,2012 at 5:00 P.M. 2. Policy to be Issued,and Proposed Insured: ",LTA"Owner's Policy 06-17-06 $2,550,000.00 Proposed Insured: LAKESHORE COMMUNITIES,INC 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: WALNUT CREEK RANCH,LLC,A KANSAS LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: THE NORTHERLY 70 FEET OF LOTS A,B AND C, EXCEPT THE EASTERLY 39 INCHES OF LOT C, ALL OF WHICH PROPERTY IS SITUATE IN BLOCK 36 IN THE CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN,STATE OF COLORADO. ATTACHMENT 2—LAND USE APPLICATION PROJF.Cr: Name: y I W7 N*1v*i Location: v eST 141tu-/1"M I 5T ft een) (indicate street address,lot&block number,legal description where appropriate) Parcel ID# (RE U1RED J 2 q3 3001 APPLICANT: Name: N H►'uLA-m l LL C. Address: Z�I G� 111�Ctz W 1 L Mlt MJG?o+U i-oz- Phone#: REPRESENTATM: Name: N t G Address: Phone#: X tZ l- 81470 TYPE OF APPLICATION:(please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ TexVMap Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA—8040 Greenlme,Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA Margin,Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commemial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (designption of existing buildings,uses,Previous aPPrOV41s,etc. r� v To Dog T rum-114w No PFWAOVs AJfi 050' AZ-F. PROPOSAL: (description of proposed buildings,uses,modifications,etc- NO 1Z,C'Slr»us'' 7b $� Ga�t�7jZtw'T ��az?��(t ✓ I M'w Ck' S>E�'uS F PtUP03At. r3 co•,►r�r;u+�r .,► Have you attached the following? FEFS DUE:S 3; at dot KWv ❑ Pre-Application Conference Summary ❑ Attachment#l,Signed Fee Agreement ❑ Response to Attachment#3,Dimensional Requirements Form E] Response to Attachment#4,Submittal Requirements-Including Written Responses to Review Standards ❑ 3-1)Model for large project All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of as written text (Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an electronic 3-1)model. Your pre-application conference summary will indicate if you must submit a 3-D modeL Agreement to Pay Application Fees agreement between the City of Aspen 'C' and Property Phone No.: OwnerClm): DH Hallam, LLC Email: Address of 47111/Jim WEST '"ALUM ss P op": Address: 2711 Centerville Road, #300 (subject of (send bills here) application) . Wilmington, DE 19808-1645 1 understand that the City has adopted,via Ordinance No. ,Series of 2011,review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. 1 understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees:I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ W A flat fee for $ /A///+ flat fee for $ vA flat fee for $ 1V//Y- flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed projeck, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above.the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient Information to enable legally required findings to be made for project consideration,unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read,understood,and agree to the Land Use Review Fee Policy including consequences for non-payment I agree to pay the following initial deposit amounts for the specified hours of staff time. 1 understand that payment of a deposit does not render an application complete or compliant with approval criteria. N actual recorded costs exceed the initial deposit. 1 agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter Stated- $ 3,250 deposit for 10 hours of Community Development Dep7Adldibti time. Additional time above the deposit amount will be billed at$315 per hour. , $ e �' deposit for hours of Engineering Department staff^tiat tim a ove the deposit amount will be billed at$265 per hour. City of Aspen: Property Owner. f _ Chris Bandon Community Development Director Name:DH Hall LL By: Jo gyph I. Wo , President City Use: Title: Fe"Due:$ Received:$ ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: f-t31 I X133 wssT HALL#� Applicant: LL LL C- Location: 4.31 q 13 w1=S'T H+4Lt ,N 5 Zone District: Z-'6 Lot Size: 6. 013 Lot Area: 6 , 043 (for the purposes of calculating Floor Area,Lot Area may be reduced for areas within.the:high water mark,easements,and steep slopes.Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing:_� " _Proposed: Al/ Number of residential units: Existing: Z Proposed. 1 ♦ 4h"DV Number of bedrooms: Existing: (e Proposed: G f' A'VV Proposed%of demolition(Historic properties only): DIMENSIONS: 73416 J Floor Area: Existing: i 6q`� Allowable: w YM Proposed: 65 W/ -WL Principal bldg.height: Existing: 12I fST Allowable:_75�Proposed: Z5 I Access.bldg.height: Existing: N A- Allowable: 'Z5 Proposed: 1 / /�' On-Site parking: Existing: 1 Required: V Alm Proposed' 2E ADV c e � %Site coverage: Existing: 3` e Required. 50 o Proposed: 39 %Open Space: Existing: /I! A Required: Proposed: Al 6�w6x� Front Setback: Existing: 10- S Z Required: )0 15 Au Proposed. 10-10 f 0`y r Required.' 1016X Proposed: jo 5 Etk2�46E" Rear Setback: Extstrng: 3 Z q Combined FIR: Existing: 4Z Required: N A Proposed: ZO-10 Side Setback: Existing:__q Required: Jr Proposed: 6-7 Side Setback: Existing:—AIA Required: Proposed: IV Combined Sides: Existing: N Required: Proposed: NLA- Distance Between Existing /v/I Required: Proposed: 5 Buildings Existing non conformities or encroachments: E X S`T/''V(r 1 If 'uG E HAS Variations requested: NO 14M SI rOVAZ- V ArU AwVCC3 r�1c5�"c� o'f'NE+2 ? c ih2 f y Sb'70kt�c Van- 'R.t'W "�7FSlfi+y Sm'S waei End Manor sW waii Frame Lot Soil {p1 ti lS ST 1420, 407 d^ ,, 420 - 425. , . °-� 401 52D. j Sos, fi 454. • f8i, �. HALL AM ��• 426 ..N„ 533 -y 404. � R-6 x� ` -«f Ip• -- 25e, fj T w 504 r ' 8r • 1 �{ .. 1 21a,.. weaver /pf 120: " NV a" r . � F.. Z O . N I lid I� TrIlyd LISA _ ARCHITECT: I ! 14 L L C. I tll l P.O. 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I I I �l V �II I''I�I I I li1111111 II��I IIII�I — — h' N soy ozN�o� WEST HALLAM �� ' N-up` o m gym; RESIDENCE Z O N j Ami N 2 N o O 0 0g ' o G�O� D Z m x 8 a / moo ° o m 431 / 433 WEST HALLAM STREET 0OX 1"4 c µEO�rXU 2 ASPEN, CO 81611 mw om JZ rNr.sr�e �,...._.___..- .rwnwnw. ...N A / l `� "a,.- rr�r.�lM� it. d� 41::;� • - -. A .: d ��e `� a�-11i� i/� 1I � �� li� 1f i■ 1� CURRENT ' PROPOSED • ELEVATION 431 /433 HALLAM ST 3D ARCHITEC LLC y to- illgiu, 111111i CURRENT DESIGN PROPOSED DESIGN Z O N i 431 /433 HALLAM ST AERIAL VIEW N.T.S. 11 . 15.2013 - ARCHITEC LLC t CURRENT ' PROPOSED z O . N 431 /433 HALLAM ST 3D VIEW AT CORNER OF 4TH & HALLAM LLC CURRENT ' PROPOSED ' z 0 . N 431 /433 HALLAM ST 3D PERSPECTIVE LOOKING NORTHEAST ONSTREET ,,/ ARCHITE LLC i�liili� �■ �"'" _ � '9 p, CURRENT DESIGN PROPOSED DESIGN z O . N 431 /433 HALLAM' ST 3D PERSPECTIVE LOOKING NORTHEAST FROM CURB LLC wF Y i� J } Z 0 . 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BOX 251 ASPEN CO 816 WVVW.ZONE4ARCHITECTS.0 ——-------------- ---------------- ---------- --- ---------i F ----------------------- ----------- I I A ------ —------- ------ • -—--—--—--—-- uj -—--—--—-- zi (D—O OiD Oi z<f :3 0 LU LU _7 1, I F iJ LIVEL t i c I LU 4 r. lu F- R 5' U) LU ITRMAT12'� U) 11RISEIR SA" 2TIRMAT11- El UP ❑ SLOPE �E.MIL ui In-51 fL—D I G SETBACK R 5' LOT 14'-0" ------------------ _L T T T _L T t2 os�,o Lo \10 I I I I i I I i I I Gods BY REVISIONS DATE A B c Dram by: Z4A IF —E -ALLEY BEEN ENIFACaFD OR EDUCED. 4 p2 ALTTALTERNATE ED Date: 11A @013 a' Sc - PROPOSED I Scale: AS NOTED ALT. DRIVEWAY yS A101 PI-4 0,,: 111712013 All Z O . N F AF .'L- r I� A R C HIT EC' L L C P.O. BOX 25 ASPEN CO 816 WVVW.ZONE4ARCHITECTS. --- - -1-- - - -- ---- - - .- - - - - - - - - - -------------- ...... ...............�T.7 ............ t'. FT-2"f LU Z :3 I UJ m 0! LU Q U) C C CID 0 Rs' U)z LU a. I TR.AT 12-1 ,"SERSATP j❑ IMMAT7 2 TREADAT14-- M J jElup SLOPE RE'.CIVIL WD I G SETBACK 85'5 14'-0" i ----------------- LOTIROUIll ARY I i GAS A I A B BY REVISIONS DATE Drawn by: Z4A =Mom== AEl"E" -T BEEN-:L LE.— SITE ORIGINAL DESIGN I Date: A Scale: AS NOTED R SITE PLAN A100 PbBaEOn: 11/71203 All 4th STREET EAST SIDE _ _^a'•N�J4,?i � v7r .y��_ _ � _ �r .�SF' P•` Si Its`wYa�. 1` er — Imo' •s \ 7 +. - 1 � 1 � ts■.�rA► 1. t AS H OUP ?� lip t rw . r+R r s►^�+�w�rawww,�!rry ten• 5 •• `[� �:� - ��b f� 1 ,F fill - �A �` r r ?yam otrmm 9 f3 i 4th STREET (WEST SIDE FLIPPED ) Z O N i 431 /433 HALLAM ST I 3D ELEVATION AT HALLAM STREET N.T.S. 11 .15.2013 AR C H I T E C uc HALLAM STREET ( DOUTH SIDE ) WTL &gawk 0. r. + 1oG dip �A ore •...rr--- -- - - - - �•�� mss..-'�'�`*"'.��°4� 4 a � - � 1p.��� .�,s; ,1.✓ .�- r, i. si. 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CPS MONUMENT 20 ..�,� Yom:\•i Legend and Notes: I indicates found monument os described indicates Spruce Tree indicates Cottonwood Tree - �_ indicates Wafer Service Reber k Cap Is 9f � -..--' a/R8 4 I Sife,Benchmark nlr� o �... qey='7903. -'- / Y / / J2't 69 \ 2r 1 \ 790380 \ ( � \ \ � - Bearings are based upon a Na. 5 rebor with a plastic cop L.S.(9184 at the found at northwesterly n N the northeasterly comer, usingO bearing of 575109'111E,between said v E monuments. 7904.89 ` \ e - The unit of measurement for this survey is the U.S. Survey Foot. \ X7904.9 � - The vertical datum used in this survey\ � � y is based upon NA IrD 88. �O a 7904.19 7903 ^ GRAPHIC SCALE - The date that this survey was preformed was January 22, 2012. c ,r0 1 r 74 - Trees are measured by the diameter at breast height(OSH)and the symbol is scaled to the drip line ,� It - Said Parcel is entire/y within Zone X.' Area determined to be outside of 500)ear %,,17 • flood Pain'per i`FMA flood Insurance Rafe Mop,Pone/203 of 325. r/Jcr� 79QA4 AVJ 3 4M Hm9arn street 5 t inch= Lo tL �r �L �/ vew y / - This survey does not represent a title search by this surveyor to determine ownership 1 / or to discover easements or other encumbrances of record.All information pertaining to / f /G ownership, easements or other encumbrances of record has been taken from a title Carport �•/ insurance commitment issued by Land Title Guarantee Company, doted October 24, 2012, as Order Number 062004916 / 7H/S PROPOERIY 45 SUBxcr Rl ANY FAC75 RlGH75 IWERE515 OR aNus MMCH MAY EA75T cR k, AR/S£BY REASON GIB ME FOLLOWNG FAC7S SHOMN ON/MPROI£MENT SURIEY DATED AUGUST Ol,2012 po PREPARED BY ROGYY MOUNTAIN SUR IEHNO,",F 12540: L0C P O/ ANY BOUNDARY DISLW£i'ANCY DUE 70 THE LOCATION OF fEHCE UNES ALONG 7H£ X 7904. - A K --Al 0 EAS7ERN BIX/NDARY OF SUB.ICT PROPERTY ANO 7H£D7TCT OF ANY R/QYT 777ZE OR Q1l]RY X ^ iii1EREsT 7HAT MAY SE CLA/MED DUE 7O ANY SAID D/S07EPANCY.(PER SNO RTLE C0MM/TMENT D(MPn0N ,X7904r04 / 790390 I Na 9) ` J X R9' S\-aI 'i �;- /� � / fat B / 790.55� � / DITCH I ` J No. 5 Reber and Co,Illegible I / 1 t�ry Q SO vat / �mQea/ / �atB Fence Vicinity lllap 1 "— 500' \ / / n` * V 4 Jeffrey Allen Tuttle, being o Professional Land Surveyor in the State of Colorado, do hereby certify that this Improvement surrey was prepared from an actual 't -p � •�, 1 .yw monumented land survey of the property comer monuments,both found and set, e t > tom•• ` � j under my direct supervision and checking,' that it is correct to the best of my belief and know/edge and that all dimensions,bath linear and angular were determined by an accurate contra/survey in the field which balanced and closed within a limit of 1 in 15,000(which comp lies with Colorado Professional standards R1 0.9 P - r14 for a/and survey plat and the current accuracy standards for AL TA/ACSM Land Title ( 1. .1� •a- Surveys).• l further certify that the improvements on the above described parcel on ? this date, January 22, 201J except utility connections are entirely within the R �:r,4- u - 'C., boundaries of the part,% except as shown, that there are no encroachments upon 4 ?ll!' R "".•: "'a - "�- the described premises by improvements on any adjoining premises except as � „_ �' �°^-"•"+ _ ,. "'Z a .F indicated, and that there is no apparent evidence or sign of any easement crossing or burdening any port of said parcel, except as noted. Jeffrey A//en Tutt/e L.S. J3638 Date Noh�e: Accord-ng ra Colorado �,,yea m ,�annenra TDTTLLr' SIlR�'�'YING .SERYIC�9 any r yar ae eared pan v,foe m 727 Blake Avenue ,A;r sti�,es ,d;n!Areaan qe,o as X31 and 433 Q'rrr dirrover sued de— � nr may Glenwood Springs, Colorodo 81601 jYest Hallam Oran ey: SRB 1 ny leyaf acNan mind�n any Qjcr,n Improvement Survey Plat rd.:e r...,,ey ne ea ne d,na,.awn ran yrarr 970 928-9708 FAX 947-9007 Data• 1 23 13 as ride e m l rerrhraNOn noon dereen jeff@tss—us.tom TUTTLE SURVEYING SERVICES 4spen, Colorado 81611 OF P12 MEMORANDUM To: Planning and Zoning Commission FROM: Jennifer Phelan, Deputy Planning Directo,o RE: 431/433 W. Hallam Street-Residential Design Standards Variances,-Public Hearing DATE: January 7, 2013 Applicant: DH Hallam LLC Representative: Dylan Johns r;• i. Zoning: R-6 (Medium-Density Residential) Land Use: Existing duplex proposed to be demolished and replaced with a Single-Family Residence Request Summary: The Applicant is requesting two variance from the Residential Design Standards with regard to the setback required of a garage and the appearance of the garage door. 431/433 W. Hallam (from Hallam) Staff Recommendation: Staff recommends denial the variance requests. '' K, _I (from N. 4t Street) Page 1 of 6 P13 LAND USE REQUESTS' The Applicant proposes to demolish an existing duplex on the corner lot and replace it with a new single family residence. The Applicant is requesting two variances from the Residential Design Standards, one that requires a street facing garage to be set back further than the front— most wall of the house and one that requires street facing garages to either be single-stall doors or double-stall doors that look like single-stall doors. Variance approval from the Residential Design Standards pursuant to Land Use Code (L.U.C.) Section 26.410.020 D., Variances. The applicant is requesting a variance from L.U.C. Section 26.410.040 C.2.b and f: "The front fagade of the garage or the front-most supporting column of a carport shall be set.back at least ten (10) feet further from the street than the front-most wall of the house." "If the garage doors are visible from a public street or alley, then they shall be single- stall doors, or double-stall doors designed to appear like single-stall doors." REVIEW PROCEDURE' Variances from the Residential Design Standards shall be approved, approved with conditions, or denied after review and consideration during a duly noticed public hearing by the Planning and Zoning Commission under L.U.C. Section 26.410.020 D., Variances. Figure 1: Vicinity map Subject Site r r 3 9I '� I Page 2 of 6 ® P14 PROJECT SUMMARY' The Applicant is proposing to demolish the existing duplex located at the corner of N. 4th Street and W. Hallam Street and construct a new single-family residence and accessory dwelling unit (ADU). The 6,073 sq.ft. lot does not have access to the alley opposite W. Hallam Street as a separate lot is located between the subject lot and alley. As the lot does not have alley access the garage and parking for the site is proposed along N. 4t Street. Figure 2: Lot Configuration gcu HALLAM STREET U I Cal '�� `t` G �•/ l+6�k I I I i I f Alley The proposal is to have the face of the garage flush with the fagade along N. 4th Street, rather than set back ten (10) feet from the front-most fagade as required by the Land Use Code and as shown in Figure 2,below. Figure 3: Original and Proposed site plan ---- ----- - --------------T- ---- ----------l 4 7-- - --------- - IJ I � I it II I I I I I i � I I I ® I I I LLL===] I l I I \ I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Page 3 of 6 Additionally, the Applicant would like to propose a "hidden7' garage door by proposing a door that matches the materials of building. CURRENT DESIGN .fit•. 1 t�� �. =r .. PROPOSED II Page 4 of• P16 STAFF ANALYSIS: RESIDENTIAL DESIGN STANDARD VARIANCES: All new structures in the City of Aspen are required to meet the residential design standards or obtain a variance from the standards pursuant to Land Use Code Section 26.410, Residential Design Standards. The purpose of the standards "is to preserve established neighborhood scale and character....ensure that neighborhoods are public places....that each home...contribute to the streetscape." Additionally, "Parking areas are to be concentrated to the rear or side of each residence." Parking, garages and carports. As noted previously, the parking, garages and carport standard requires that "all residential uses that have access only from a public street" meet certain design standards including having the garage located behind the facade of the building and to have garage doors "be single-stall doors, or double-stall doors designed to appear like single-stall doors." The intent of this standard is "to minimize the presence of garages and carports as a lifeless part of the streetscape where alleys do not exist." There are two review standards that the applicant may meet if the Board is to grant a variance from the standard, Section 26.410.020 (D)(2): a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Staff Comment: Residential Design Standards have been adopted to contribute to the streetscape, enhance the pedestrian environment and promote architectural elements that are important components to neighborhood character. Although older development examples are sprinkled throughout the neighborhood that do not comply with the garage door standard, some do. The historic context within the West End is to have detached accessory structures, such as garages, located towards the rear of the property. As this is an attached garage, providing a garage entrance that is set back from the fagade assists in minimizing its presence along the street and should be required with new development. This variance request is not related to reasons of fairness or unusual site specific constraints, as the Applicant has shown within the application that the set back standard can be met. Adopted standards require garages that are single-stall doors or double-stall doors that look like single-stall doors. The intent of the standard is to break up the mass of the garage doors, although a "seamless"finish may assist in minimizing the presence of the garage, the curb cut and driveway are telltale signs that there is a garage. A hidden look can still be accomplished by providing two stalls. Page 5 of 6 P17 STAFF RECOMMENDATION: In reviewing the proposal, Staff believes that the request does not meet the variance review standards that are set forth in Land Use Code Section 26.410.020 D, Variances for the Parking, garage and carport variance request as there are examples of residences meeting the standard and there is not a site specific constraint. Staff recommends the Planning and Zoning Commission deny this application. The Resolution is written in the affirmative, approving the request. Changes may be necessary depending on the motion. RECOMMENDED MOTION: "I move to deny Resolution No. , Series of 2014, approving variance requests from the Residential Design Standards." ATTACHMENTS Exhibit A -- Review Criteria & Staff Findings Exhibit B—Application Page 6 of 6 P18 Resolution No._ (SERIES OF 2014) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING RESIDENTIAL DESIGN STANDARDS VARIANCES AT 431/433 W. HALLAM STREET, LEGALLY DESCRIBED AS THE NORTHERLY 70 FEET OF LOTS A, B, AND C, EXCEPT THE EASTERLY 39 INCHES OF LOT C, ALL OF WHICH PROPERTY IS SITUATE IN BLOCK 36 IN THE CITY AND TOWNSITE OF ASPEN Parcel No. 273512433001 WHEREAS, the Community Development Department received an application from Dylan Johns of Zone 4 Architects, on behalf of DH Hallam LLC requesting Variance approval from two Residential Design Standards for a new single family home located at 431/433 W. Hallam Street; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, upon review of the application, the applicable Land Use Code standards, the Community Development Director recommended denial of the twoVariance requests; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on January 7, 2014; and WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets the applicable review criteria and that the approval of the request is consistent with the goals and objectives of the Land Use Code; and, WHEREAS,the Planning and Zoning Commission approves the requests; and WHEREAS,the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission: Section 1: Residential Design Standards Variances Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves two variances from the following Residential Design Standards that are underlined below, as represented in the application presented before the commission and included as an exhibit to this resolution: P19 A. 26.410.040.C.2.b. Parking, garages and carports. The front fagade of the garage or the front-most supporting column of a carport shall be set back at least ten (10) feet further from the street than the front-most wall of the house. The variance granted from sub-section 26.410.040.C.2.b. allows the applicant to build a garage that is flush with the building along N. 4th Street. B. 26.410.040,C.2.f Parking, garages and carports. If the garage doors are visible from a public street or alley, then they shall be single-stall doors, or double-stall doors designed to appear like single-stall doors. The variance granted from sub-section 26.410.040.C.2.f. allows the applicant to build a two car garage door that matches the materials used surrounding the garage. Section 2: Building Permit Application Other than the two variances granted, the building permit application shall be compliant with all other standards and requirements of the City of Aspen Municipal Code and all other adopted regulations. Section 3: Impact Fees and School Lands Dedication Fee-in-Lieu The Applicant shall pay all impact fees and the school lands dedication fee-in-lieu assessed at the time of building permit application submittal and paid at building permit issuance. Section 4• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5• This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its meeting on January 7, 2014. P20 APPROVED AS TO FORM: Planning and Zoning Commission: Debbie Quinn, Assistant City Attorney LJ Erspamer, Chair ATTEST: Linda Manning, Deputy City Clerk Attachments: Exhibit 1: Approved site plan, elevations o I � i Exhibit 1: Approved Site plan and Elevation �� ! -L Approved Site Plan Approved garage (area of matching material outlined) P23 0 EXHIBIT A REVIEW CRITERIA& STAFF FINDINGS A. RESIDENTIAL DESIGN STANDARDS REVIEW No variance shall be permitted unless the Planning and Zoning Commission makes a determination that the proposed development complies with either of the requirements set forth below: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Staff Finding Residential Design Standards have been adopted to contribute to the streetscape, enhance the pedestrian environment and promote architectural elements that are important components to neighborhood character. Although older development examples are sprinkled throughout the neighborhood that do not comply with the garage door standard, some do. The historic context within the West End is to have detached accessory structures, such as garages, located towards the rear of the property. As this is an attached garage,providing a garage entrance that is set back from the fagade assists in minimizing its presence along the street and should be required with new development. This variance request is not related to reasons of fairness or unusual site specific constraints, as the Applicant has shown within the application that the set back standard can be met. Adopted standards require garages that are single-stall doorss or double-stall doors that look like single-stall doors. The intent of the standard is to break up the mass of the garage doors, although a "seamless"finish may assist in minimizing the presence of the garage, the curb cut and driveway are telltale signs that there is a garage. A hidden look can still be accomplished by providing two stalls. Staff does not find either criterion met. Z O i N E ®L AMMAN"Nwoo -- .r— N3dSd d0 A110 EIR 0 7, AON A R C H I T E C T S L L C. (13AI 338 November 19, 2013 Attn: City of Aspen Planning&Zoning Commission Members RE: Request for Residential Design Standards variance for property located at 431/433 West Hallam Street. To the esteemed members of the Planning and Zoning Commission, This is an application to consider a variance exemption from Section 26.410.040.C.2.b of the Land Use Code, which states: "The front facade of the garage or the front-most supporting column of a carport shall be set back at least ten (10) feet further from the street than the front-most wall of the house." The subject property is currently configured.as a duplex residence and is located has the addresses 431 & 433 West Hallam Street. The proposed design involves the demolition of the existing structure and replacing it with a Single Family Residence+ADU. The configuration of this property is somewhat unique when compared to the predominant sub-urban pattern of development in the West End. Rather than occupying two platted town site lots and having the long axis of the lot extending from the Street to the Alley(North/South),the long axis of this property is oriented across a portion of three town site lots in an East/West direction. The southern 1/3 of the three lots are owned by the Weaver Subdivision with the address of 422 West Bleeker Street, and this area currently serves as surface parking and a single story garage for the 422 West Bleeker residence. The effect of this is anomaly is that the property at the corner of 4th and Hallam Street does not currently have driveway access to the alley and is forced to access the property via a curb cut on 4`h Street. IF the Property did have driveway access to the alleyway (and the garage doors hence facing the alley),this variance would not need to be requested, since the language within Section 26.410.040.C.2.b specifically states that the front facade of the garage(i.e. garage doors) is required to be setback from the front facade of the Residence by 10 feet,but does not specify that any other portion of garage must be located 10 feet behind the front facade of the Residence. The Residential Design Standards were established to primarily protect the character of the West End from redevelopment which was occurring there in the late 80's and early 90's, and thus were codified around typical lot configurations found in this Zone District. The variance process was established to address situations where the lot configurations "ZONE 4 ARCHITECTS 110 BOX 2508 ASPEN COLORADO 81612 did not conform to the typical 30x100 foot platted lots which spanned from Street to Alley, both in the West End and in other Zone Districts within the City of Aspen. In response to the criteria for review of this variance request application,please see below: 2. Y ariances f•onr the Residential Design Standards, Section 26.410.010, which do not meet this Section, Inav be granted by the Planning and 7,oning Commission, the Board of Adjustment or the Historic Preservation Commission. if the project is subject to the requirements of Chapter 26.415. .4 n applicant who desires to consolidate other requisite land use review by the Historic Preservation Commission, the Board ofAdjustment or the Planning and Zoning Commission may elect to have the variance application decided by the board or commission reviewing the other land use application.An applicant who desires a variance from the Residential Design Standards shall demonstrate and the deciding board shall find that the variance, ifgrantedwould: a)Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of'the particular standard.In evaluating the context cis it is used in the criteria, the reviewing board may consider the relationship of the proposed development 7vith adjacent structures, the immediate neighborhood setting or a broader vicinity as the hoard feels is necessary to determine if the exception is warranted; or -Response: There are several properties in the immediate vicinity of the subject property which do not conform to Section 26.410.040.C.2.b The proposed design is not out of context within the immediate neighborhood. b)Be clearly necessary for reasons of fairness related to unusual site-specific constraints. -Response: This Property has unusual site-specific constraints by virtue of the atypical lot configuration, which creates an unfair burden on the property because Section 26.410.040.C.2.b forces the reduction of usable lot area that is not within a right of way or setback for no other reason than the Property Owner not being unable to utilize the clear access to the alley. Application of 26.410.040.C.2.b in this case does not further the intentions of this code section by either"minimizing the potential for conflicts between pedestrian and automobile traffic"(as the lot is not located within the City's Sidewalk Attainment Zone, and the right of way is not pedestrian friendly by nature of being sloped), or"reduce lifeless parts of the streetscape" by virtue of having a slight facade offset and creating longer driveway. If the intention of the code section is to minimize the presence of what a garage door looks like to a pedestrian,there are much more effective ways of masking the visual impact of these elements(examples below), although an additional variance from variance from Section 26.410.040.0.Lb would be also required. It is important to consider that if the Property Owner was able to secure an access easement or property rights to the portion of the Weaver Subdivision area which would allow entry to the garage from the alley,the garage wall facing 0 Street would be allowed,by right,to have the same western garage wall setback as what is being requested in this application. Thank you for your consideration, Dylan Johns, Zone 4 Architects ZONE 4 ARCHITECTS PO BOX 2508 ASPEN COLORADO 81612 Examples of Garage Doors which do not look like garage doors. hnplementation of door designs below would also require a variance from Section 26.410.040.C.1.b "Ifthegarage doors are visible from a street or alley, then they shall be single-stall doors or double-stall doors designed to appear like single-stall doors. " e� x "e 4 1 ' S �X € Z r y� 1e Si. ;R H. "LONE 4 ARCHITEC`T'S PO BOX 2508 ASPEN COLORADO 81.612 e 3 CITY OF ASPEN PRE APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny, 970.429.2739 DATE: 10.22.2013 PROJECT: 4311433 West Hallam St REPRESENTATIVE: Dylan Johns&Bill Pollock-970.948.6787 TYPE OF APPLICATION: Residential design standards variance DESCRIPTION: The potential applicant is interested in demolishing the existing duplex on the site and replacing it with a single family residence and on-site ADU. The subject parcel is approximately 6,073 sq. ft. (per the Assessor, a survey is required to confirm the actual lot area), and is located in the R-6 zone district. The property does not have access to the alley directly south, as a portion of the land adjacent to the subject parcel and the alley belongs to the neighboring Weaver subdivision, the bulk of which exists just across(south-o4 the alley. The potential applicant has proposed a design where the garage's front facade is set back less than ten (10) feet from the front-most wall of the house. This will require a variance from Section 26.410.040.C.2.b of the Land Use Code, which states: "The front facade of the garage or the front-most supporting column of a carport shall be set back at least ten (10) feet further from the street than the front-most wall of the house." A public hearing will be scheduled before the Planning & Zoning Commission. Notice requirements include publication, mailing and posting per section 26.304.060(E)(3)(a)—(c). Below is a link to the Land Use application Form for your convenience. http:/fwww aspenpitkin com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2011°/a20land%20use %20app%20form.pdf Provided below is a link to the Land Use Code. http://www aspenpitkin com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land- Use-Code/ _Applicable Code Section(s) 26.304 Common Development Review Procedures 26.314 Variances 26.410.040.0 Parking, garages and carports Review by: Community Development Staff for complete application Planning &Zoning Commission for determination Public Hearing: Required Fees: $3,250 deposit for up to 10 hours of review(additional billable hours, or hours to be refunded will be at the rate of$325 per hour) To apply, submit the following information • Total Deposit for review of application. • Pre-application Conference Summary. t 1 • Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. • Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. • A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. • A recent survey of the subject parcel. • Completed Land Use application and signed fee agreement. An 8 1/2"x 11" vicinity map locating the subject parcels within the City of Aspen. • Existing elevations of the development. • A written description of the proposal and a written explanation of how a proposed development complies with the review standards (26.410.040) relevant to the development application. • 10 copies of the Land Use Application and all additional letters, maps, and agreements. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. January 9, 2013 City of Aspen Building Department 517 E. Hopkins Ave Aspen, CO 81611 RE: 4311433 West Hallam Owner Authorization Parcel ID#273522433002 To Whom it May Concern: Zone 4 Architects has the authorization of DH Hallam LLC, the property Owner, to meet with City of Aspen officials as well as submit any required land use applications,permit applications, and change orders for the sole purpose of constructing of a new residence on the property currently designated by the addresses 431 & 433 West Hallam Street in Aspen Colorado and having a Parcel ID#273512433001- Sincerely, DH Hallam r Joeseph , Ma alter PqLand Title Guarantee Company Land-�,,'A CUSTOMER DISTRIBUTION La1 d 1 e �s�m�enwr WWWATac.com - - Date: 11-02-2012 Our Order Number: Q62004916 Property Address: ' 431-433 W HALLAM ST ASPEN.CO 81611 If you have any inquiries or requh-e further assistance,please contact one of the numbers below: For Ciosius Assistance: For Tide Assistance: Kate Staskauskas Aspen Tide Dept. 533 E HOPKINS#102 Kurt Beereboom ASPEN,CO 81611 533 E HOPKINS#102 Phone:970-925-1678 ASPEN,CO 81611 Fax: 800-318-8202 Phone:970-925-1678 EMail: kstaskauskas @hgc.co% Fax: 970-925-6243 k Entail: kbeereboom@ltgc.com ASPEN SNOWMASS SOTHEBY'S INTERNATIONAL RLALTY BI ADAMS AND COMPANY*TMX* 415 E HYMAN AVE 534 E HOPKMS AVE ASPEN,CO 81611 ASPEN,CO 81611 Attn: TRACY EGGLESTON Attn: ANDREW ERNEMANN Phone: 970-948-7130 Phone: 970-379-8125 Fax: 970-920-3880 Fax: 970-920-2927 Entail:tracyaspen @yahoo.com Entail:audrew@bjac.net Sent Via EMall Sent Via EMail WALNUT CREEK RANCH LLC LAKESHORE CON04UNmEs.INC 4520 MAIN ST#1060 Attn: JOE WOLF KANSAS CITY MO 64111 EMaii:JWOLF @LAKESHOREMHC.COM Attn: BUSH HELZBERG Sent Via EMail . EMail:BUSH@PVAFUND.COM LAND TITLE GUARANTEE COMPANY ASPEN SNOWMASS SOTHEBY'S INTERNATIONAL REALTY 533 E HOPIUNS#102 415 E HYMAN AVE ASPEN,CO 81611 ASPEN,CO 81611 Attn: Kate Staskauskas Attn: ASHLEY CHOD Phone: 970-925-1678 Phone: 970-925-6M Fax: 800-318-8202 Fax: 970-920-9993 Entail:kstaskauskas @hgc.com Entail:ashley.chod @sothebysrealty.com Sent via Entail Land Title Guarantee Company CUSTOMER DISTRIBUTION Lwid TWe Date: 11-02-2012 Our Order Number: Q62004916 Property Address: 431-433 W RALLAM ST ASPEN,CO 81611 ASPEN SNOWMASS SOTHEBY'S INTERNATIONAL REALTY 415 E HYMAN AVE ASPEN,CO 81611 Attn: ROBERT EGGLESTON,JR Phone: 970-925-6060 Fax: 970-920-9993 EMail:BUBBAEGGOYAHOO.COM Sent Via EMad 11.15,12 OLLVM.0 (8/2003) Land Title Guarantee Company Date: 11-02-2012 Land TWe Our Order Number: Q62004916 GUARAM ee COMPANY WWW.Lree.eor - Property Address: 431-433 W HALLAM ST ASPEN, CO 81611 Buyer/Borrower: LAKESHORE COMMUNITIES,INC Seller/Owner: WALNUT CREEK RANCH,LLC, A KANSAS LIMITED LIABILITY COMPANY Wire Information: Bank:ALPINE BANK 600 E HOPKINS ASPEN, CO 81611 Phone: Ciro. ABA No.:102103407 Account:2020010529 Attention:Kate Staskauskas Need a map or directions for your upcoming dosing?Check out Land Tide's web site at www.itgc.com for directions to a of our 54 office locations. ESTIMATE OF TITLE FEES ALTA Owners Policy 06-17-06 $4,552.00 Deletion of Standard Exception(s) (Owner) $65.00 Tax Report $25.00 I.f Land Title Guarantee Company 'du be closing this transaction, above gees will. be collected at that time. TOTAL $4,642.00 roe Con"=06/04 THANK YOU FOR YOUR ORDERI Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. Q62004916 Schedule A Cust.Ref.: Property Address: 431-433 W HALLAM ST ASPEN, CO 81611 1. Effective Date: October 24, 2012 at 5:00 P.M. 2. Policy to be Issued,and Proposed Insured: "ALTA"Owner's Policy 06-17-06 $2,550,000.00 Proposed Insured: LAKESHORE COMMUNITIES,INC 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: WALNUT CREEK RANCH,LLC, A KANSAS LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: THE NORTHERLY 70 FEET OF LOTS A,B AND C,EXCEPT THE EASTERLY 39 INCHES OF LOT C, ALL OF WHICH PROPERTY IS SITUATE IN BLOCK 36 IN THE CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN,STATE OF COLORADO. ATTACHMENT 2-LAND USE APPLICATION PROJwr: Name: �o:Ti was-r N�4LL#w► Location: q31 Jq33 vJes'T WAu Al 5T It ravO (indicate street address,lot&block number,legal lion where appropriate) Parcel ID# UIRED )2 4 3 3001 APPUCANT.- Name: `C�!-� )4 ALL LL C. Address: 0 Phone#: REPRESENTATIVE' Name: Nt7 G Address: CFO. $O?C Z,SO$ f�'SP6x3 GO $l6!Z. Phone#: tfZ l• 81170 TYPE OF AppucAnom(please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA—8040 Greenline,Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA Margin,Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Converdon/ Expansion Residential Design Variance ❑ Lot Line Adjustment ❑ der: ❑ Conditional Use EMSUNG COMMONS: (description of existing buildin ,uses,previous approvals,etc. _ s:)q STl x<, -POL-&X TO PPE 252-10l.IS4,09 -6 .t1b"w I'SS��r� La�l7rltx� No PRIEAOVu USts' &t1UV4Ls. PROPOSAL: (description of proposed build' uses,modifications,etc. fi0 tS(r»tcc'' ?a -l4j5. T -Poo$ NO? HoW� Jq'j-1-' -G(s3S ��Hrsdt t� cd►.►t�r:uwr w Have you attached the following? DBE:$ 3;7a Awl 6q don Kt71y) ❑ pre-Application Conference Summary ❑ Attachment#1,Signed Fee Agreement ❑ Response to Attachment#3,Dimensional Requirements Form ❑ Response to Attachment#4,Submittal Requirements-Including Written Responses to Review Standards ❑ 3-1)Model for large project All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of all written text (Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an electronic 3-D modeL Your pre-application conference summary will indicate if you must submit a 3-D model. Agreement to Pay Application Fees agreement between the City of Aspen "C' and Property Phone No.: Owner0l: DH Hallam, LLC Email: Address of 4T.1 I NEST PALL*0{ Billing Property: Address: 2711 Centerville Road, #300 (subject of (send bills here) application) Wilmington, DE 19808-1645 1 understand that the City has adopted.via Ordinance No. , Series of 2011,review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. 1 understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees:I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. flat fee for I'VIA flat fee for $ AI flat fee for $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project,it is not possible at this time to know the full extent or total costs involved in processing the application. 1 understand that additional costs over and above.the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration,unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the My shall be considered by the City as being received by me. l agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read,understood,and agree to the Land Use Review Fee Policy including consequences for non-payment. 1 agree to pay the following initial deposit amounts for the specified hours of staff time. .1 understand that payment of a deposit does not render an application complete or compliant with approval criteria. if actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. deposit for 10 hours of Community Development Dep7Additbi ff time. Additional time above the deposit amount will be billed at$315 per hour. $ /� � deposit for hours of Engineering Department staff tinal tim a ove the deposit amount will be billed at$265 per hour. City of Aspen: Property Owner: Chris Bendon Community Development Director Name: DH Hallao LL By: Jos h I. Wolf, President City Use: Title: i Fees Due:$ Received:$ / ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: lt31 I y33 w�sT NAt,L �1 Applicant: LL LL-C. Location: 431 g SS 3 W a'S T H+4u A Nit 5 T Zone District: Q-(o Lot Size: 0V 3 Lot Area: -, 04 3 (for the purposes of calculating Floor Area,Lot Area may be reduced for areas within.the high water mark,easements,and steep slopes.Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: YV A- Proposed: NA Number of residential units: Existing. Pro osed: t 443>U r Number of bedrooms: Existing: (e Proposed: e t Ar1W Proposed%of demolition(Historic properties only): DIMENSIONS: 344 o JJ Floor Area: Existing. Allowable. w Ipp, .Proposed: � 8$ w/ pn- Principal bldg.height: Existing: 1-4'M Allowable: _Proposed: 25' Access.bldg.height: Existing.—N A Allowable: 'Z6' Proposed. 14 A On-Site parking: Existing. 1 Required: Z-►ADD Proposed: ZE ADY 0 e %Site coverage: Existing: 3 I a Required: Jr0 D Proposed: -3170 %Open Space: Existing: N A Required. A" Proposed: A/ �.vtLNt�yt-� Front Setback: Existing: 10- SZRequired: )0 15 Aem Proposed. 10`10 Rear Setback: Existing: 32 Required: I D 5 Pro osed: � 5 6t Combined FfR: Existing: �Z. Required. AV IA Proposed: ZO-10 Side Setback: Existing: ��Required: Proposed: •S Z. Side Setback: Existing: AI Required: /V Proposed: Combined Sides: Existing. N A Required: 0+ Proposed: N LA Distance Between Existing IV/� Required: Jr Proposed: Buildings Existing non-conformities or encroachments: E X IST1 W(r r-E31 y&yC E HAS TamT "6 S I tf S E— o 4[.x *FA#,C W& NoIU-00VFW "1 Variations requested: NO "VMFXJ$(d /AZ- V MJ AwCt3 07�I�L "fN�+ C �h2 'F2aaJ'7 07641,*41,* TEL Rte ^7j FS'*%) S'l P S xi 1ty5300g 7J '� •,� "^^ `toy I ;Lon M `too � ,..`` x � •� �ti , f t top ° t tp 10 91' _ J `8t6 r 400, hA f ua&S*�rvustj mom ON pug IWM e• � I - Impro vem en t Survey Pla t 7'he 1lTortherly 70 Feet of Lots -1, B w,?d C, E'xeept flee �'c�sterty ,3�9 Inches of Lot C, Ill o,�' Illhach as S'Ztuato in Block 36 Zn the CITY OF ASPEN and �/� C GPS MONUMENT NO. C t2Y a n W 7'o(.(/ns ec of -4sp e n, P2 ek Z n Co u n�y Colorado G CITY OF ASPEN �., CPS MONUMENT NO. �. 20 Legend and Notes., - O Indicates found monument as described \\ - j"D Indicates Spmce Tree indicates Cottonwood Tree Indicates Water SerNce ti\Reber @ 918 4 I Site/ enchmonF \ O 'e 7903 / 32 f� 790380 Bearings are based upon a No.5 rebar with a plastic cop LS}5184 at the V J p / 83 r l ` �- a nil\ found nortbwestedy the northasteHy comeand sing No. a beaffng of S75'09'Il E between sold / monuments. !L 7904.89 \ Y = The unit of measurement for this survey is the U.S.Survey Foot. �9 ^� X7904.18 REBAR x fie vertical datum used In this survey Is based upon NA 88. \ fv 7804.18 GRAPHIC SCALE - 7he date that this survey was preformed was January 22 2012. 7903 _ Trees are measured by the diameter at breast height(OSH)and the symbol is scaled to the drip line IN FEFr M - Said Parcel Is entirely within Zone X.�Area determined to be outside of 500 year • 4.31 4d.3 Harlan 5 t Inch--to 1 tt flood Plain'per FEMA Flood Insurance Rote Map,Panel 203 of 325. !kj1v�v pY 790A4 L�AREAS - fits survey does not represent o title search by this surveyor to determine ownership / or to dlscaver easements or other encumbrances of record.All Information pertaining to / l6 ownership, easements or other encumbrances of record has been taken from a t18e Carport Insurance commitment issued by Land lit/e Guarantee Company, dated October 24, 2012, as Order Number 062004916 7H/S PROPOD?7Y IS Suarcr 7o ANY F4C7s,RIGHTS/N7ERE575 OR CLAIMS RH/CH MAY g75T OR ARISE BY RE45M OF INE FOLLOWNG PACTS SHOMN ON 1MPROWMfNT SURIEY DATED AUOUST o1,2012 N• PREPARED BY ROCKY MOUNTAIN SURW16Na JD,#1254a J I $, ANY BOUNDARY 0/SLWERANCY AVE 7D 7HE LOCA77LW OF FENrf UNES ALQYO THE AK 5.^tE EIS7sm BOUNDARY OF SUB.ECT PROPERTY AND 7HE EFFECT OF ANY R/aHT DTLE OR X 7804,$6� ���. X �t/ INTEREST THAT MAY BE CLAIMED DUE 70 ANY SAID D/S07EPANCY.(PER SAID D7ZE CODU17MENT DUEPDON f al04 7903.90 X NO.9) 6C I , gat s , 790 , No. 5 Reber and t ,}�, Win?5•e{back / 1. Cop!legible / 1� =.�, �\ a II ti�QS�oQV/ 66'S 1 / p ms's• / Je `�/ / fat B I Fen`a 1 t ' Ilicirai ty rLfap 1 '�— 500' . / / / / 36 c fat Certificate: Jeffrey Allen Tuttle, being o Professional Land Surveyor in the State of Colorado, do hereb certlf that this Improvement survey was prepared from an actual - '�.. 4 ,�g iy., A `�u �j,"I� •.,. Y Y Pro Y P P ,• y4T! F _ } ,. �YMiy� ` ?.. monumented land survey of the property comer monuments, both found and set, �•� under my direct supervision and checking,• that it is correct to the best of my belief and knowledge and that all dimensions,both linear and angular were Q determined by an accurate control survey in the field which balanced and closed within a limit of 1 In 14000(which complies with Colorado Profess!ona/standards f•' �"� ��- M V '!+ ' / for o land survey plot and the current accuracy standards for ALTA/ACSM Land Title e1"° a Surveys): /further certify that the Improvements on the above described parcel on ` `/ ,.r ''� �•; _- s this date, January 22, 2013, except utility connections, are entirely within the boundaries of the parcel, except as shown, that there are no encroachments upon the described premJses by/mprovrments on any odpining premises except as Adicofed, and that there Is no apparent evidence or sign of any easement crossing V or burdening any part of sold parcel, except as noted. 16 `' ;�,i,,,, '.µ` Jeffrey Allen Tuttle L.S. 33638 Dote It C �{ Nv/r'n wwNN w=y r o r.Mn g o;a ir n trs a lerhe rr o�r u`n o�m°e rr r�pt'l«o+�'r.vrs�trsi�oy x rs°dd"rv�non m rr/in n rrs vy a r jT7e27 Blake-A SveUnRu e Glenwood Springs, Colorado Y%jN G Sl 0'R1 YIC�'S X31 and X33 Hal lam Oron by. SRB (FAX 9 47-9007) Imp ro vem en t Survey Plc t Dote: 11231 13 1 h 9709(970) 929 - /§ ��' ®'® m-)® 6916',1 ff@tss-uscom F OF HALLAM STREET , ^ OUTH SIDE ) nik' t Y ti , I � '� a �.: ri r � � r, � rlrr.•r N 1 gip' ��I �M� 5� j J .r� w y n• ..^-•�-..a"�-�FW�ir+w''. K*'�fl�+r!e'sE4!.�.��,-�rd�fi.+� wa-�rc:�M 'yx ,u,-.u, 1�^N::. .In: w� ,w,;.:,..-r��AM a11'�pYlq� +rw+o-;>�iFw1Vr �.aw �,r,_ — I i1./4�,�i� � � r►I i .. :. €MIS_.: e + ,mA m?*tea.,ae,y _ _� x•. -.;,.�-�wwM•r! AF•716o..:a . woo Hall HALLAM SIDE FLIPPED ) Z O . N i 431 /433 HALLAM ST 1 3D ELEVATION A T HALLAM STREET N.T.S. 11 .15.2013 - IJ ARCHITE uC 4th STREET EAST SIDE ) mm — i, ,�'y �m,1�'� � .�.. �.� -.k'�F. �-a'4h �"��,. ,� (�� - -�y� �i.x�f�y19�R ;3'�• � !� � F �Ir �'Y L v P i , s �Ir+�x�a�•II':I � � e ��J ty■ �rY�� tic0 rkz - - ' - tr I�• - _.♦� _� _ - - �'�- fit.' 4th STREET (WEST SIDE FLIPPED ) Z O 431 /433 HALLAM ST I 3D ELEVATION AT HALLAM STREET I N.T.S. 11 .15.2013 ARCN11 Lu Z 0 N I eL A R C H I T E C T L L 0 P.O. BOX 251 ASPEN 00 816 WWW.ZONE4ARCHITECTS.0 3B V II i...............------ ----------------------- ------------------- Q4 I —1144 LU Oi Z LU a LLJ C C LU <Vl �/A J co Ld W I Ma a I I i A-P1 I]TREAD AT' ;D UP q, SL.lE T RE�CIVIL LU 39: —WI K R5' 14'-0" j --------------------- Lo�pou A B c Fs—yFR—EVISIONS DATE A B c H Drawn by: 24A �NEHARGEp CF REDUCED =mom== SITE DE- ORIGINAL DESIGN [Scale: AS NOTED H R SITE PLAN 0 A100 PwnRa a.. 111712013 as tj - --- --- Z 0 r IJ A R C H I T E L L C. P.O. 6 0 x ASPEN Co E WWWZONE4ARCHITE i- --- ------- ----- ........ . ----- ---- ----------------------- —--- ---- ------------- -—--—--—--—-- I I I v I -- — --------------- < 0 ml 0. (D LU D 4: LU W C w I i } i l co R5 ILI El -j LU < 3 1TRMAT14" m 3 RISERS AT r M U, SLO�E RECIVIL DFL—DI C;��E—TgACK w R5' I UILDI G SETBACK---- ---- ---LL?T(?T . Lo OU 01�01 I i I i I I I �pNg'C A B c I By REVISIONS DATE I I i I I I Drawn by: Z4A SITE -ALLEY ALTERNATE E Rh SITE TO.PqSED sGale: S NOTED 0 ALT. LL DRIVEWAY Alol PfoftldOn 111712073 e © Z 0i .,d ARCH F L L P.O. B O: ASPEN C VWVW.ZONE4ARC U W V Li - -� L - w - ❑ ❑ El - s _ - ❑ _ - ❑ ❑❑ -- - ❑❑ o❑ ---- - W I ❑ ❑❑❑❑ — ------ --- - --— ' I ' . O^/ WEST ELEVATION- ORIGINAL DESIGN �-- ' �a L SCALE'1/4" = p.p�• _._� WEST ELEVATION- PROPOSED BY REVISIONS DA' Dram by: Z4A THE ROVE pMENSiON W NOT MFA60RE ONE INCH E%ACiLY�Tyg IXiAN,NG N9LL HP Dete: 1117/2013 E Scaie: AS 12013 f g RW ELEVATIONS G " A301 CURRENT ' PROPOSED ' E S I G N • 431 /433 HALLAM ST 3D ELEVATION AT 4TH STEET ' 0 _ Vim M i T ti, f I 'a r .a '►"�. "r rte, z 431 /433 HALLAM ST HIDDEN GARAGE DOOR CONCEPTS N.T.S. 11 . 15.2013 ARCHI LL �I __,..� � �, ;; ► --��"fir i /� � u i CURRENT DESIGN PROPOSED DESIGN 431 /433 i 1 ARCH iTE, LLC ''s�1. +r I .•��''''''� A CURRENT D E S I G N PROPOSED D E S I G N z o . h 431 /433 HALLAM ST 3D PERSPECTIVE LOOKING NORTHEAST ONSTREET ARCHiTi LLC CURRENT DESIGN "PROPOSED DESIGN CORNER z 0 . I; 431 /433 HALLAM ST 3D VIEW AT LLV C 11 IV CURRENT DESIGN PROPOSED DESIGN Z 0 . 1 431 /433 HALLAM ST AERIAL VIEW N.T.S. 11 .15.2013 I ARCH Or uC •�' r2' f �; I• �a r +.'it i — �'dl,. rrf! �,,��4'yy��.f,:V'��d h�1 Yy .C/�';l�<r� •I �f ��:�w .•Y,1 .t�d, .(!�'h�l!* fit' 1 � �, ♦�r�lr, �J{;�j�i �lY,""� �"•' ,�� �� —�, �*:i1�'-i L A® {/ �� rr.:tT ! r���_�,,�p���r+rr1nr� 1 r r'� ) i J,a �' � �y � �� �,-j � ,�+f! s 13'1 - � i��!;� ).,� .•. � t � "M� �'-®�r�,. %'{�,. t�f% %3 r-. � r' 4—� Y 'y (,t��I• t rl'., f � f ..� �. �. r':� �':7��� �iPi lc/.i ry f: r� •1�,• �a _ I r J a ! ' .� /�.'� _I�TI �� it fY,4!� ��� ___.—�_• —;-- I�: �fii�� � �Y:#!°�rl � �i�i- _._� _•__—.,1 � I� CURRENT ' PROPOSED ' STREET z 0 Z O N E I I L LL i - A R C HIT E CTS LLC. _ P.O. BOX 2508 I ASPEN CO 81612 •° a - � � � �`6__ I I- NMNJ.Z0NE4ARCHITECTS.00M i PH I I I I �- W ® 0; w --_ Z O N E rAd -W I A R C H I T E C T S L L C. P.O. BOX 2508 ASPEN CO 81612 WW W.ZONE4ARCH ITECTS.COM °c W uj W 0 Q � e U ' -- _-- __ W J Q 0 5 8 J Nw J w W a 1H i i i I I I i i i LIU G O a NORTH ELEVATION-ORIGINAL DESIGN OZ NORTH ELEVATION- PROPOSED I BY REVISIONS DATE gt 3p dz Drawn by. Z4A4 s*He E wra son ooES NDT MFAEUaE anE ncN (t� Ex/CT.v,Tnic oM OR YALL IwVE 6EEe E1N.FGED a AEWfEq NFECTINOFLLIAEEIEDEGLES ' u Date: 71!7/2013 �� s° Scale: AS NOTED 3a RN ELEVATION 5 S� w A303 s - aton.aom m7,2013 A". Z O . N E L A R C H I T E C T S L L C. P.O. BOX 2508 ASPEN CO 81612 W NMLZONE4ARCH ITECTS.COM 3 W V F $ Y Z W W 0 N — IL J c J 2 I ! LU a. — El = MQ g rl � — d — U) uio M 3 1 GG � EAST ELEVATION- ORIGINAL DESIGN EAST ELEVATION- PROPOSED l/L/ SCALE:114" = 1'-0' SCALE:1/4' = 1'-0' BY REVISIONS DATE g3h 3p �5 Drawn by: Z4A 3 ® a� E THE PBTJE DmMa H OoE9 HoT eFA6UaH OHE uAl1 ") FwicrtY,THIS DB�tMH6 WRL HnVE BEEN ENIAaB®qt NB>KEq AFFEGiWBM11AEElEDBC�IEB ea Date: 1117/2013 g Soele: AS NOTED R E ELEVATION a A304 PbtlBE Orc TinnoiE iln Z O . N I I A R C H I T E C T I L L C. P.O. BOX 250 ASPEN CO 6161 W W W.ZONE4ARCHITECTS.CC mn� -- - -- - , = W i I U)W m J 00 I i i J 4------- ------- r_ ----- —------- I W,WL - ---- ------------------- U) W I i O v ; ___ ______ .- I 7 i r BY REVISIONS DATE i i 4P 9 I gi gyg�c �a Drawn by. I Z4A g k O�/1 ROOF PLAN -ORIGINAL DESIGN ROOF PLAN - PROPOSED IF THE RBOJE dMENBION OOE9 da L SCALE 3/16'= 1'-0" O 1 NuT NE�SURE oNE iBCN 1�1 `E 1 SCALE J/'IG'= I'-O" E%ALILY.TWB IXUYANO N1LL IMVE qy BEEN ENUBGED M BEAfE4 L 1fFECTINO NL UBElE08CAlE8 :a Date: 11/712019 Scaie: AS NOTED R ROOF PLANS a� A202 PI—d ore 11912013 ;a �o >1 C>EC 201-3 PM I T ,alena St— 3d Floor '0 81611 FOREVER 330 WEST BLEEKER STREET LLC PO BOX 2028 ASPEN, c7'81612 —01 2 9-2 ,0 81611 FOREV.EF DOUBLE D CONDO ASSOC 300 W BLEEKER ST ASPEN, CO 81611 R E R N s WWI H, In"! 3alena St— 3rd Floor Z-11 C)EC 20135 FM I 'T Co 81611 4) STILWELL REED &CLAIRE 191 UNIVERSITY BLVD#714 DENVER, CO 80206 N X I'E S02' 7"= 1009 7 OT v.0"I V� 7 AS- ;s,'3m— 'E'S 0 J N AS L (J U K W AN L; -SC S 6 1111 St L712 3 0 3 8-21 3 1 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 4MI � � ,Aspen,CO SCHEDULED PUBLIC HEARING DATE: JIB+Vey 77 ,204-7 STATE OF COLORADO ) ss. County of Pitkin ) I, J>Y . ,� J w, (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 at least fifteen (15) days prior to the public hearing and was continuously visible from the 140 day of 'VGUM66 , , 201-1,to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department,which contains the information described in Section 26.304.060(E)(2)of the Aspen Land Use Code. At least fifteen(15) days prior to the public hearing,notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred(3 00)feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended,whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise,the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ignatur The foregoing"Affidavit of Notice"was acknowledged before me this day Of .may , 204A, by [-'AA L&�!j _:RS MATTHEW MOSCHET WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBUC STATE OF COLORADO My commissio expires: /V MY COMMISSION EXPIRES 02-162014 No c "'A ATTACHMENTS: COPY OF THEPUBLICATION PHOTOGRAPH OF THE POSTED NOTICE(SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL Easy Peel®Labels ♦ Bend along line to n AVERYQ 5160 ; Use Avery®Template 51600 j Feed Paper expose Pop-up EdgeTm 318 FOURTH STREET LTD 330 WEST BLEEKER STREET LLC 501 WEST HALLAM LLC C/O GULF&BASCO PO BOX 2028 PO BOX 3389 PO BOX 445 ASPEN, CO 81612 VAIL, CO 81658 HOUSTON, TX 77001 ASPEN DRAGONFLY PARTNERS II LLC ASPEN RETINA SURGEONS LLC BAILEY RYAN TANNER MCKENZIE TRST 405 PARK AVE 6TH FL 5014 WOODHURST LN 50% NEW YORK, NY 10022 MINNETONKA, MN 55345 BAKER&HOSTETLER LLP 303 E 17TH AVE#1100 DENVER, CO 80203 BLAICH ROBERT I TRUST BLOCKER LAURA G CITY OF ASPEN 319 N FOURTH ST PO BOX 9213 - - ATTN FINANCE DEPT ASPEN, CO 81611 ASPEN, CO 81612 130 S GALENA ST ASPEN, CO 81611 COLLETT JOHN&VIRGINIA C DAHL W ROBERT&LESLIE A DOUBLE D CONDO ASSOC, 1111 METROPOLITAN AVE#700 83 PECKSLAND RD 300 W BLEEKER ST CHARLOTTE, NC 28204 GREENWICH, CT 06831 ASPEN, CO 81611 DRATCH KATE TYCHER 2012 TRUST EGGLESTON ROBERT H JR&TRACY H FISCHER SISTIE ROSELAND PROPERTY CO/BARBARA 434 W HALLAM 442 W BLEEKER MASCERA ASPEN, CO 81611 ASPEN, CO 81611 233 CANOE BROOK RD SHORT HILLS, NJ 07078 GALLANT MARILYN J REV TRUST GLENN SALLY RAE HENRY KRISTEN 309 N THIRD ST 504 W HALLAM AVE 525 W HALLAM ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611-1246 HILLMAN TATNALL L REV TRUST HUDGENS ROBYN JANSS MARY TRUST 504 W BLEEKER ST 401 W BLEEKER ST 403 W HALLAM ASPEN, CO 81611 ASPEN, CO 816111225 ASPEN, CO 81611 JOSEPH RUSSELL C&ELISE E KAPLAN DAVID P&MARCIA PRESS KEEFE PATRICIA A&DAVID B III 3257 INWOOD DR 9100 BURNING TREE RD 3435 BELLCARO DR HOUSTON,TX 77019 BETHESDA, MD 20817 DENVER, CO 80209 KEY R BRILL&ELIZABETH R KOUTSOUBOS TED A LEVINE THEODORE A TRUST 715 W MAIN#304 430 E HYMAN AVE#PH 425 E 58TH ST#25H ASPEN, CO 81611 ASPEN, CO 81611 NEW YORK, NY 10022 MACDONALD BETTE S TRUST MAGGOS LAURA P NAMADA PARTNERS GP 15 BLACKMER RD 317 NORTH 4TH ST 780 THIRD AVE,22ND FL ENGLEWOOD, CO 80110 ASPEN, CO 81611 NEW YORK, NY 10017 / Easy Peel®Labels i ♦ Bend along line to Q AVERY0 5160 j Feed Paper �• expose Pop-up Edgelm Use Avery®Template 5160 j 1 NATIONWIDE THEATRES CORP NEISSER JUDITH E QPRT SEAL MARK 120 N ROBERTSON BLVD 132 E DELWARE PL#6201 PO BOX 9213 LOS ANGELES,CA 90048 CHICAGO, IL 606111428 ASPEN, CO 81612 SHAFROTH ASPEN HOUSE LLC SHELBY LLC SIRKIN ALICIA 3367 SUNSHINE CANYON DR C/O LUCY DIKEOU 3500 N BAY HOMES DR BOULDER, CO 80302 1201 WILLIAMS ST#6 MIAMI, FL 331336814 DENVER, CO 80218 STILWELL REED&CLAIRE SWANSON LUCIA TRUST TEAGUE LEWIS TRUST 191 UNIVERSITY BLVD#714 425 E 58TH ST#25H 862 N BEVERLY GLEN BLVD DENVER, CO 80206 NEW YORK, NY 10022 LOS ANGELES, CA 90077 TYCHER DANA 2012 TRUST VES TRUST 50% ROSELAND PROPERTY CO/BARBARA SWEENEY JOHN F TRUST 50% MASCERA 1260 IVANHOE ST 233 CANOE BROOK RD DENVER, CO 80220 SHORT HILLS, NJ 07078 r x Q44u (f '°"°+�� �� 4 �, ® �� �y�Via► � c �, .,. ,I)��r .ate ��. z:/ d/`j•. (���4, tl,��C�i ;lf AT VAI If ITT LIJ rn ml 5w A 'A��; f AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: ( `4 3,3 �V- t�4L-L Aq ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: 920 1 3 STATE OF COLORADO ) ss. County of Pitkin ) I, (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 at least fifteen(15) days prior to the public hearing on the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. snail to all owners of property within three hundred ('!)00) 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. Neighborhood Outreach: Applicant attests that neighborhood outreach, sununarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued 071 next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty(30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. 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 snap shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Si at e The foregoing"Affidavit of Notice" was acknowledged before me this 2:!� day of P� Z1 , 20 I �by -,,)ne&bICL11n() PUBLIC TICE RE: 431/433 HALLAMSTREET WITNESS MY HAND AND OFFICIAL SEAL RESIDENTIAL DESIGN STANDARDS VARIANCES NOTICE IS HEREBY GIVEN that a public hearing ,f will be held on Tuesday,January 7,2014,at a My commission expires. meeting to begin at 4:30 p.m.before the Aspen Planning and Zoning Commission,in the Sister Cities meeting room,City Hall,130 S.Galena Street,A to review the proposal submit- , led by,Mn H Hallam LLC.,2711 Centerville Rd., Wilmington,DE 19808,for the property commonly Notary Public known as 431/433 W.Hallam Street and legally described as the northerly 70 feet of Lots A,B and C,except the easterly 39 inches of Lot C,all of which property is situate in Block 36,City and Townsite of Aspen.Applicant seeks to develop a new single family residence,with a garage place- ment and door design that does not meet the Resi- dential Design Standards of subsection 26.410.030(C)(2). TTACHMENTS AS APPLICABLE: In order to gain approval for the from the Planning and Applicant seeks app TBLICATION Zoning Commission for Variances from the Resi- dential Design Standards requiring the garage to 1F THE POSTED NOTICE (SIGN) be at least ten feet further from the street than the front wall of the building and for the garage doors n to appear as single stall doors.For further informa- 7NER AND GOVERNMENTAL AGENCIES NOTICED tion,contact Jennifer Phelan at the City of Aspen Community Development Department,130 S.Ga- lena St., Aspen,fCO, (om0)920.5090, Phelan I TIFICATION OF MINERAL ESTAE OWNERS NOTICE S/LJ Ers Chair Aspen Planning and Zoning Commission y C.R.S. §24-65.5-103.3 Publish in The Aspen Times Weekly on December 19,2013. (9800697] Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Tile GUARANTEECOMPANY www.LT(;C.'0' Date: 11-26-2013 Our Order Number: QPR62005691 Property Address: 431 W HALLAM ST ASPEN, CO 81611 Ifyou have any inquiries or require further assistance, please contact one of the numbers below: For Closing Assistance: For Title Assistance: Kristen Favro Aspen Title"QPR"Unit 533 E HOPKINS#102 Kurt Beereboom ASPEN,CO 81611 533 E HOPKINS#102 Phone:970-925-1678 ASPEN,CO 81611 Fax: 800-318-8202 Phone:970-925-1678 EMail: kfavro @ltgc.com Fax: 970-925-6243 EMail: kbeereboom @ltgc.com DH HALLAM LLC GABRIEL SHABAT 2711 CENTERVILLE RD#400 Attn: GABRIEL SHABAT WILMINGTON,DE 19808 Phone: 847-647-5524 Attn: DH HALLAM LLC Copies: 1 EMail:gshabat @lakeshoremhc.com Sent Via EMail LAND TITLE GUARANTEE COMPANY PROPERTY REPORT Our Order No. QPR62005691 Cust. Ref: This Report is based on a limited search of the county real property records and provides the name(s) of the vested owner(s), the legal description, tax information (taken from information provided by the county treasurer on its website) and encumbrances, which, for the purposes of this report, means deed of trust and mortgages, and liens recorded against the property and the owner(s) in the records of the clerk and recorder for the county in which the subject property is located. This Report does not constitute any form of warranty or guarantee of title or title insurance. The liability of Land Title Guarantee Company is strictly limited to (1) the recipient of the Report, and no other person, and (2) the amount paid for the Report. Prepared For: This Report is dated: November 20, 2013 at 5:00 P.M. Address: 431 W HALLAM ST ASPEN, CO 81611 Legal Description: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Record Owner: DH HALLAM LLC, A DELAWARE LIMITED LIABILITY COMPANY We find the following documents of record affecting subject property: 1. WARRANTY DEED RECORDED DECEMBER 28, 2012 UNDER RECEPTION NO. 595506. DEED OF TRUST 2. DEED OF TRUST DATED DECEMBER 17, 2012, FROM DH HALLAM LLC, A DELAWARE LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF THE NORTHERN TRUST COMPANY TO SECURE THE SUM OF $1,000,000.00 RECORDED DECEMBER 28, 2012, UNDER RECEPTION NO. 595507. Our Order No: QPR62005691 LEGAL DESCRIPTION THE NORTHERLY 70 FEET OF LOTS A, B AND C, EXCEPT THE EASTERLY 39 INCHES OF LOT C, ALL OF WHICH PROPERTY IS SITUATE IN BLOCK 36 IN THE CITY AND TOWNSITE OF ASPEN. TOGETHER WITH AN EASEMENT TEN FEET IN WIDTH ACROSS THE SOUTHERLY 30 FEET OF SAID LOTS FOR INSTALLATION AND MAINTENANCE OF GENERAL UTILITIES. COUNTY OF PITKIN, STATE OF COLORADO. PROPERTY REPORT Our Order No. QPR62005691 Documents of Record: BANKRUPTCIES, JUDGMENTS AND TAX LIENS NONE ***************** PROPERTY TAX INFORMATION ********************** PARCEL NO.: 273512433001 2013 LAND ASSESSED VALUE $199,000 2013 IMPROVEMENTS ASSESSED VALUE $3,980.00 2012 REAL PROPERTY TAXES PAID IN THE AMOUNT OF $9,642.24 ****************************************************************