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Land Use Case.100 E Francis St.0041.2014.ASLU
Aio THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0041.2014.ASLU PARCEL ID NUMBERS 2735 124 19 851 PROJECTS ADDRESS 100 & 108 E FRANCIS ST PLANNER SARA NADOLNY CASE DESCRIPTION RES DESIGN VARIANCE AMENDMENT REPRESENTATIVE JEFFERY BERKUS ARCHIECTS DATE OF FINAL ACTION 6.6.14 CLOSED BY ANGELA SCOREY ON: 6.25.14 --(g $S-I c�D1.��' 20 f • ,��-L1 Permits t k File Edit Record Navigate Form Repdri Format Tab Help 'Main Custom Fields Routing Status Fee Summary �ctrons Routing History; ., ...- . -. w� _- _-..w _ �. ... _ w.._. "'Permit type aslu jA.spen Land Use Permit 00412014 ASLU address ;100 E FRANCIS ST rpt Suite n City ASPEhI State;CD Zip ;81611 Permit Information i� blaster permit ^� Routing queue aslu47 Applied 0 ;07 201 Project Status 1pending Approved i D�tript on APPLICATION FOR RESIDENTIAL DESIGN VARIANCE ANIENDMENT-FOR 100 AND Issued 4 108 E FR)*JCIS Closed/Final Submitted STEPHINE 925 7017 Clock .Kunming Days I oil, Expires 1Q6 02 L010 Owner Last name JA.FI(,I6.LLC First name 601 N MILL ST 108 Pie-970j 925-7819 ( address ASPEN CO 81611 4 Applicant Owner is applicant? F1 Contractor is applicant? Last name J4I146 LLC j First name 6Q1 fd MILL ST 1 .1C8 Phone f970;925'819 Cust 129393 1 Addrecq iASPFId (.0 W11 Lender I Last name I First name Phone f, J address l r i i 3 l As enGold5 server:an etas MI of CIC 0 GSZ)• oa i �, PAY, ..-bs AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: too -ir log E• Frmydi , Aspen, CO STATE OF COLORADO } ss. County of Pitkin ) I, (name, please print) being or repre enting 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: 41 Publication Qf 770tiCe:'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. Signature The foregoing "Affidavit of Notice"was acknowledged before me this.2' day of 200AL I by PUBLIC NOTICE along the north line of Block 64,City and Townsite Of of Aspen,a distance of 266.99 feet to the north-�NES S MY HAND AND OFFICIAL SEAL ' DEVELOPMENT APPROVAL west corner of said Block 64;thence N30 degrees_ 59'37"W a distance of 107.34 feet to the point of Notice is hereby given to the general public of the beginning,Pitkin County,State of Colorado. On approval of a site specific development plan,and May 22nd,2014,the Community Development Di- the creation of a vested property right pursuant to rector granted an administrative Notice of Approval the Land Use Code of the City of Aspen and Title for Residential Design Standard Variance to allow commission expires: 24,Article 68,Colorado Revised Statutes,pertain- a group of windows in two areas of the primary ing to the following described property:100 and residence and a group of windows in one area of 108 E.Francis St,legally described a parcel of land the secondary residence to span between the known as the Given Parcel being described at Re- 9'-12'area,as measured from the finished first ception#499350 together with a parcel being de- floor,or as measured from the landing of the interi- scribed at Reception#405579 in the records of the or staircase,as appropriate to the specific location. Clerk and Recorder of Pitkin County,all being in This approval is an amendment to the prior admin- iry public the City of Aspen being more particularly de- istrative approval dated November 27,2012(Re- scribed as all of Block 63,part of Francis Street ception No.594345). and part of Center Street as shown on the City and Townsite of Aspen Map;a portion of the NW 1/a SW For further information contact Sara Nadolny at the /� 1/4 the of Section 7,T.Se ti R.2, .1 and a portion of Aspen Community Development Dept., cit S. KAREN REED PATTERSON the NE'/n SE 1/4 of Section 12,T.10 S.,R.85 W.all Galena St,Aspen,Colorado,sara.nadolny@cityo- T in the 6th P.M.;Beginning at a point on the north faspen.com,(970)429-2739. _-HIVIENTS: NOTARY PUBLIC line of said Francis Street and 24.00 feet easterly �. of the west line of said Center Street also known as City of Aspen STATE OF COLORADO Garmisch Street,from which the East%corner of Published in The Aspen Times on May 29,2014 said Section 7 bears N06 Degrees 54'19"E a dis- (10221927) ,T7� T�D r T/'T �T*T T NOTARY ID#19964002767 tance of 926.25 feet,with all bearings being rela- L,l/1 1 Vl' 1111 PVUL1 l�Al 1�l V tive to N14 degrees 50'49"E along the centerline of iiAy Commission Expires February 15,2016 Garmische St;thence N14 degrees 50'49"E a distance of 121.59 feet'thence N33 degrees 03'19" E a distance of 42.12 feet'thence 07 degrees 19'05"E a distance of 112.35 feet;thence S70 de- grees 1815"E a distance of 239.94 to the south- west corner of The vacated parcel described at Re- ception#405579(Ordinance N0.13,Series of 1997,City of Aspen);N902 degrees 00'0"W a distance 18.56 feet;thence S72 degrees 18'08"E a distance of 44.16 feet;thence S79 degrees 1 VOW E a distance of 7.90 feel;that a parcel of land de- scribed at said Reception#499350;thence S06 - degrees 18'51"W a distance of 103.11 feet;thence - S18 degrees 1200"W a distance of 108.73 feet; thence S09 degrees 25'21"E a distance of 52.10 feet;thence S23 degrees 21'00"E a distance of 83.49 feet to southerly line of Francis Street ex- tended easterly;thence N75 degrees 09'11"W 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 application submittal is accepted and deemed complete by the Chief Building Official, 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. JAMMB, LLC, 601. E. Hyman Ave, Aspen, CO 81611 Property Owner's Name, Mailing Address 100 and 108 E. Francis St legally described a parcel of land known as the Given Parcel being described at Reception #499350 together with a parcel being described at Reception #405579 in the records of the Clerk and Recorder of Pitkin County, all being in the City of Aspen being more particularly described as all of Block 63 part of Francis Street and part of Center Street as shown on the City and Townsite of Aspen Map, portion of the NW '/4 SW '/4 of Section 7, T. 10 S., R. 84 W. and a portion of the NE '/4 SE '/4 of Section 12 T.10 S. R. 85 W. all in the 6th P.M.; Beginning at a point on the north line of said Francis Street and 24.00 feet easterly of the west line of said Center Street also known as Garmisch Street from which the East '/4 corner of said Section 7 bears N08 Degrees 54'19" E a distance of 926.25 feet, with all bearings being relative to N14 degrees 50'49" E along- the centerline of Garmische St; thence N14 degrees 50'49" E a distance of 121.59 feet' thence N33 degrees 03'19" E a distance of 42.12 feet' thence 07 degrees 19'05" E a distance of 112.35 feet; thence S70 degrees 18'15" E a distance of 239.94 to the southwest corner of the vacated parcel described at Reception #405579 (Ordinance No. 13, Series of 1997, City of Aspen); N902 degrees 00'0" W a distance 18.56 feet; thence S72 degrees 18'08" E a distance of 44.16 feet; thence S79 degrees 1 1'00" E a distance of 7.90 feet; that a parcel of land described at said Reception #499350; thence S06 degrees 18'51" W a distance of 103.11 feet; thence S18 degrees 12'00" W a distance of 108.73 feet, S09 degrees 25'21" E a distance of 52.10 feet, thence S23 degrees 21'00" E a distance of 83.49 feet to southerly line of Francis Street extended easterly; thence N75 degrees 09'11" W along the north line of Block 64, City and Townsite of Aspen, a distance of 288.99 feet to the northwest corner of said Block 64; thence N30 degrees 59'37" W a distance of 107.34 feet to the point of beginning, Pitkin County, State of Colorado. Legal Description and Street Address of Subject Property The Applicant has received administrative approval to allow a group of windows in two areas of the primary residence and a group of windows in one area of the secondary residence to span between the 9'-12' area as measured from the finished first floor , or as measured from the landing of f the interior staircase as appropriate to the specific location. This approval is an amendment to the prior administrative approval dated November 27, 2012 Reception No. 594345). 1 Written Description of the Site Specific Plan and/or Attachment Describing Plan Administrative Approval for Variances from Residential Design Standard 26.410.040.D.3.a dated May 22"d, 2014. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) May 29, 2014 Effective Date of Development Order (Same as date of publication of notice of approval.) May 30, 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 22nd day of May,2014, by the City of Aspen Community Development Director. &wk — Chris Bendon, Community Development Director 2 NOTICE OF APPROVAL For an Amendment to the Residential Design Variances Approval Previously Approved at 100 and 108 E. Francis Street Parcel ID No.: 2735-124-19-851 APPLICANT: JAMMB, LLC RECEPTION#: 610883, 06/06/2014 at 10:04:14 AM, 601 E. Hyman Ave 1 OF 4, R $26.00 Doc Code APPROVAL Aspen, CO 81611 Janice K. Vas Caudill, Pitkin County, CO SUBJECT & SITE OF AMENDMENT: 100 and 108 E. Francis Street Aspen CO, 81611 SUMMARY: The applicant is requesting an administrative variance to permit windows to span between the 9'-12' zone, as measured from the finished first floor, or as measured from the first landing of the interior staircase, for the primary and secondary residences on the site. This request is an amendment to the Notice of Approval dated November 27, 2012 (Reception No. 594345). BACKGROUND: This property is located within the R-6 zone district, adjacent to the Hallam Bluff. In November, 2012 the applicant received administrative approval for two variances from Subsection 26.410.040.D.3.a, allowing designated windows to span the 9' — 12' zone. One variance from this standard was approved for the primary residence (100 E. Francis) to allow a single window on a one- story element facing E. Francis St. One variance from this standard was also applied to the secondary residence (108 E. Francis) for a single window on a one-story element facing E. Francis St. CURRENT PROPOSAL: The applicant proposes to amend the 2012 approval to permit additional windows on both residences to span between the 9' — 12' zone. On the primary residence the applicant has proposed the following windows: • One south-facing window directly adjacent to that which was previously approved; • Three west-facing windows. These windows face towards the Garmisch St. extension; and On the secondary residence the applicant has proposed three south-facing windows that are adjacent to the window that was previously approved. All windows that are proposed as part of this variance request outlined in Exhibit A, following. STAFF EVALUATION: The intent of the Residential Design Standard (RDS) is to prevent oversized windows between building stories that would create to appearance of one single story. Disallowing windows between 9'-12' above the finished first floor creates a break in a building's massing and provides buildings that are at a more pedestrian friendly scale. A variance from RDS may be approved if one of two criteria are met. The request must either: 1) provide an appropriate 1 pattern of design given the context of the neighborhood and the purpose of the particular standard, or 2) be found necessary for reasons of fairness related to unusual site-specific constraints. Regarding the first request for the primary residence, the proposed south-facing window is found on a one-story element of the building. This is an obvious single-story element, containing no living space above it. Therefore Staff finds the request for variance to meet the intent of the Code at this location. The three western windows on the primary residence will face the Garmisch St. extension, however, they are entirely obscured from view by the garage. Furthermore, the Garmisch St. extension is not a paved street typically used by motorists and pedestrians. Staff finds these windows to have no impact on the pedestrian environment, and finds the intent of the standard to be met at this location. In regards to the secondary residence, the three requested windows are part of one feature that is single-story in height. Adjacent to the windows is an interior staircase, therefore according to the Code the measurement is made from the first landing, and the windows extend past 9' in height. However, since these three windows are part of an obvious single-story element containing no living space above, Staff finds these windows to meet the intent of the Code. Staff finds all requested windows to meet the criteria for a variance from the Residential Design Standard in that the purpose of the standard has been met. Staff amends the previous approval (Reception No. 594345) to permit these additional windows to span between the 9'-12' zone. DECISION: The Community Development Director finds the request for Administrative Approval for Residential Design Standard Variances, as noted above, to be consistent with the review criteria and thereby, APPROVES the request. APPRO BY: /* Chris Bendon, Community Development Director Date Attachments: Exhibit A: Approved Window Locations(Recorded) Exhibit B: Application(In file) 2 Exhibit A Approved Window Locations 100 E. Francis, a.k.a. the Primary Residence PrM 111fIY _ 1y •/� b • . m - _ -ice•, _�.i_r:_..�.�...�_!"-i..._�. :_i_n :`... -„__ ._._�,._..,.-���.__._.___ __ 1r--t'--1----- I _-1-----_— - — I - _j 1 South Elevation-Residential Design Standards Variance Amendment vsb.Po' VMNNCENAEhOMENr REpIESt FPIDOl'f5 FRW—BUr BtO H FROM V IEYI f R OM IMMIH OutW SCH FMFHSION . 11; VMIANf.£MIF.NO\IENT REOVESr ORUODEVIEWOfW i/�CVq SOURf SFEU5O sHEEr z{+M nsz i � 6 'j :u 2 West Elevation at Courtyard-Residential Deslgn Standards Variance Amendment 108 E. Francis, a.k.a. the Secondary Residence vfRIMJCE A!1@m4FNf REOUFST WTOMATETAW A4t4 VI TO MAI g 1 ^ —li_--- - --T--- - -- uNaomnxiauroE I ! UM OF MTERMSTAiR-SHOWN OAWC I I I I ! ---J .� South Elevation-Residential Design Standards Variance Amendment • • JEFFREY BERKUS ARCHITECTS , INC . 430 West Main Street, Aspen,CO 81611 P.970.925.7017 F.970.925.7026 May 7, 2014 RECEIVED Chris Bendon, Community Development Director MAY Sara Nadolny, Planning Technician CITY OF ASPEN c/o City of Aspen Community Development Department �0MM11�11TY DEVELOPMENT 130 South Galena Street, 3`d Floor Aspen, Colorado 81611 RE: Residential Design Standards Approval and Variance Requests for 100 & 108 East Francis Street, Aspen (Parcel ID#2735-124-19-851) Dear Chris and Sara: Please consider this letter and the attached exhibits to represent a formal request for approval of a Residential Design Standards Variance Amendment for 100 and 108 E. Francis Street (Parcel Identification Number 2735-124-19-851). The vicinity map, below, provides a representation of the site's approximate location relative to the surrounding area. 4g OL E"es Wit ' �• PEAR[CT Kai ♦_ Will&Creek D W �G1 �4 "IN&M Like . •� �Rri.,,r�b- pr+ X's pp • ' Rae+,eg FW Riv6r 00 E r t Vicinity Map — 100 E. Francis Street, Aspen Page 2 of 4, 100& 108 East Franc. reet(PID#2735-124-19-851) Residential Design Standards Variance Request,Planning&Zoning The application is submitted by JAMMB, LLC (owner and hereinafter "applicant," see proof of ownership, Exhibit 1) pursuant to Chapter 26.410, Residential Design Standards of the Aspen Land Use Code (the "Code"). The City's Land Use Application and Dimensional Requirements Forms are attached hereto as Exhibit 2. Authorization for Jeffrey Berkus Architects to represent the applicant is attached as Exhibit 3. A Pre- Application Conference summary is attached hereto as Exhibit 4. An executed application fee agreement is attached as Exhibit 5. The applicant's representatives have already met with staff from the Community Development Department to discuss the proposed development of two homes on the property. Based on that meeting, it was determined that the additional windows spanning between 9ft and 12ft on both the North and South Residences would be eligible for an Administrative Variance, amending the prior approval of Administrative Variance. Variance Requests With regard to Variances from the City of Aspen's Residential Design Standards (the "RDS"), the Land Use Code provides at Section 26.410.020 (D)(1) that an applicant, ...may seek an administrative variance for not more than three (3) of the individual requirements. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the Community Development Director shall find that the variances, if granted, would: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as is used in the development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the director feels is necessary to determine if the exception is warranted; or, b. Be clearly necessary for reasons of fairness related to unusual site specific constraints. In the current case, the applicant is requesting variance from the following Residential Design Standard relating to window heights (26.410.040(d)(3). The standard is enumerated below in italicized text and is followed by a response demonstrating why granting of the requested variance is appropriate. 3. Windows. a. Street-facing windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and twelve feet (12) above the finished first floor. For interior staircases, this measurement will be made from the first landing if one exists. A transom window above the main entry is exempt from this standard. The "Windows" standard is part of the "Building Elements" requirements of the RDS. The purpose of the building element standards is "to ensure that each residential building has street-facing architectural details and elements, which provide human scale to the fagade, enhance the walking experience and reinforce local building traditions." Page 3 of 4, 100& 108 East Franc _reet(PID#2735-124-19-851) Residential Design Standards Variance Request,Planning&Zoning South residence: The South residence was granted a variance for the 9-12ft window standard on November 27, 2012. (See Exhibit 6, page 3, Item 3.) The current window condition, for which we are requesting an amendment to the administrative variance, is shown in Exhibit 9 on sheets Z-RDS2 and Z-RDS3. Window 174 (Sheet Z-RDS2) is directly adjacent to the windows for which a variance was previously granted. Although this window spans into the area between 9ft and 12ft above the finished first floor of the residence, it is clear that this window is located in a single-story area that simply have extra volume but no second story above. The fenestration design and layout is wholly consistent with the style of architecture, which reinforces post-war local building traditions, and provides an appropriate pattern of development considering the site's relatively unique and isolated nature/context. Additionally, this window is located 94ft back from the property line adjoining the Francis Street bike path and is obscured by the large heritage trees along the path. Windows on the west elevation of the courtyard of the house (see sheet Z-RDS3, drawing 2) face toward the street of the North Garmisch extension; however, they are completely obscured from view by the one-story garage wing of the building (see sheet Z-RDS3, drawing 1.) Furthermore, they are located 153ft back from the property line along that street, and the entire fagade is obscured from view from the west by the veritable forest of heritage trees on the western side of the property. None of the proposed windows that span into the 9ft-12ft zone are contrary to the spirit of the standard, and the design creatively and appropriately addresses the unique setting of this property. North residence: The North residence is a one-story building that was granted a variance for the 9-12ft window standard on November 27, 2012 (See Exhibit 6, page 2 and 3, Items 1 and 2.) The current window condition, for which we are requesting an amendment to the administrative variance, is shown in Exhibit 10 on sheet Z-RDS4. Windows 006, 007, and 008 meet the standard of not having glazing between 9ft and 12ft above the finished level of the first floor. However, the space behind these windows is a stair descending to the lower level. The code states that "For interior staircases, this measurement will be made from the first landing if one exists." The only landing of this interior stair is a lower landing thus creating a condition where the 9ft to 12ft glazing falls between 2'-5" and 5'-5" above the main level finish floor. This location is not one where a second floor level would typically exist. Additionally, these windows are set back 243ft from the Francis Street bike path, are hidden from view by the South residence and the large heritage trees. In summary, the proposed development and windows shown comply with the spirit and intent of the window standards. The foregoing narratives coupled with the accompanying drawings demonstrate that the limited extent of the requested variances are justified by the context in which the development is proposed, constraints specific to the site and the proposed design's continued ability to promote the purposes of the particular standards. Page 4 of 4, 100& 108 East Franc. reet(PID#2735-124-19-851) Residential Design Standards Variance Request,Planning&Zoning It is requested that the Community Development Director and department approve these amendments to the 9ft-12ft window standard variance granted previously. If you should have any questions, of if I can be of further assistance, please do not hesitate to contact me. Sincerely, Jeffrey Berkus Architects, Inc. m7z&�_ Jeff Berkus Principal I Exhibits: 1. Proof of Ownership, legal description of property and title commitment 2. Land Use Application & Dimensional Requirements Forms 3. Authorization Letter for Jeffrey Berkus Architects, Inc., to represent the applicant 4. Pre-application Conference Summary I 5. Application Fee Agreement 6. Recorded Approval of Residential Design Standards Variances, dated Y 11/30/12 7. Site Improvement survey, prepared by Schmeuser Gordon Meyer 8. Site plan drawing prepared by Jeffrey Berkus Architects, sheet Z-RDS1 9. Elevations South Residence prepared by Jeffrey Berkus Architects, sheets Z- RDS2 and Z-RDS3 10. Elevation North Residence prepared by Jeffrey Berkus Architects, sheet Z- RDS4 I 0 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: May 12, 2014 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0041.2014. ASLU — 100/108 E. Francis, Residential Design Standards Variance. Sara Nadolny will be the planner for the land use case. ❑ Your Land Use Application is incomplete: Please submit the following missing submission items so that we may begin reviewing your application. No review,hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there.are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, puty Plannm irector 4"�fer omunity Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes Nom_ Subdivision, SPA,or PUD(creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. Lodging .,•• e EXHIBIT 7 REM Ga a}p. `s g sA ........ n -c_aFa-4x_ nacor. ua�c,saox�-x__ 572 1044E A.. , $ 9.11,00"E _ Improvement Survey Plat Enedot�1 ' osls Of BeOril s z' 790 100 E Fr =^' antis °see z.�s s4 - LEGEND - 1 °` _.. :.. .... ._ NO2'0000-W ..._.® 22°W 0 'nd Meromenl m as-aad � - Aspen, vase a,``>' oreaW l p. X Tje�s 1856 .51'106. 0 -Eaund Aabar t Cop LS/20111 Colorado _ ut GiOdwnt 6 ..... Gm er' .. ... ..- 0. &acme Trmefamror Gr°° ..... t hd da'c 3786!2'_ ® Ekelnc Mfx � d aa�r ...:.. .sar'f�e m ...... ..... .._.. '., ❑ Electra•ronw F--mvn-20' 4O ..GA�d �h Po�lac 4- e., � nednde E 12' ydhsal OW ................... i \-.... ...... YT -Wfer Shut-off ° ® -W&O,A/anhde n � � -No1er spoof- 10e BGw -74' krfg,*-Cont. Tb"fP 6' 20 72' Sonibry Sewn Monhoh P- / 8=12 I I 0ca yg8� (Ooa6fe r nkJ ® ceonoar I 1 W EI ' yA j -12' p Cm wfa SCALE:1 MVCkI-20PO FEET `F II I 78g83 F� _ 791#' etlA 2;"_27. I'., Rater a GaP W _Gas lbNe &minty Oe�olim - A parcel f land bang described at liar 350 t th,with a col being denied of GIN Ad-10 Reception SO U � gaM1 Recorder of Pitldn County,all being b the Gly of Fd. p1B LS 9 I E / mare w y as IuNoWa c+6 1 JO"28, Dmm I ICFd RabatoP/ 76 1 (A 10"-74 Two 8 15"o T-S'gn Sqb Pole NI of BI°ck 63,port of Francis Street and pvl of Center Street as riom m the City and roseate 1 Illegible REv I ® -Larger Rack/Boulder NE1 441 4 W Portion of the O&,R&5 W.dl to the 6th IPM;R.84 W,and a partnn of the 47"-40, B" 12• / / Of Beginning iC al a pant.the north s C of sold franae am s and 24.00 lot wilily of the.eel one y / '/ -. -Everymen(dram-conopyJ r b Carter Street on Imam as CannNCh Street,hoar ehiN the Eatl 4 corns of aaAd Section 7 II I 1 •� �• / 'aye:/ 4"8 g bears N0054'19'E a distance of 92625 fat,nU as hem. being lathe to NI4'50'49'E tlm the I r5"-7Ca' Tne-Ero ryroen(cmrgoy drawn M smbJ 9 r 9 Undevgroury Commumcafrons Lx dstlor.of!4221 feel,TthmatN07 R'OS'E o4d'slmasof lIZ351fist;than.thence SNJIT15E 14tstance of ��•' 33994 hat to Out a°ulhvest carer al the-.red pared daubed at Reception/405579(Ordinance 5"-14" UrrderymurM Ekc7x L:x I I Fd g1AA / ,[ V V~N O 9 boundary of mid wcated Eexeene /13 carne at 1997,ary of A;pm);thine along urc borne I N 30"-36" - - r 4 ce Of he fdlee wig J u' :889 4r. 14"'-20' - \ ti W`.`h4� UMergiouM telepnorre ()camses NO2p0'W'M a d7t.a t th fat lhmca-W.distance a shrine of 4416 lot I --L---- V Q!Q 2' Goa Lfie the"S7911'00`1 a distance of 7.90 fa Hence 515}5'22'W a Ws arcs of ZOOfi he!to the 30 • 70 S'Q GI h J "'""Mot can res of that < 72"-lTj' -see- rY Serer tine Sonrlo aeptwn p99350;Nance 50618'51'w o 16"-20 )�� � O�� \ O R��C � eialance of IW.I7 lal;tharerrce T7812Ww 6 into Mid ef RO&7J heC thine 509R5'21'E°dalana --- ---- / , I °� 75`> 74"-18' ® r„2 -•- Nofer to, of 52.10 fast;th-S232I'002 a dial."of 8349 lest to mutheiy line of Francis SEMt ertmded Z ----- •- r^ q. n nos saslrly,Thanes N75'0911'W abng tie north Iba al Block 64,City and Tamed-d ,°d'stmce ------ E1S6 - /-4O'1 ,3.5 3V (JYj 5 } _ \ �--1� L of 28&99 hat to the northeast"mr of mW 9°d 64;then-NT079'37 W o Calmed of 107.34 w ___r , g9� OrOan/ feet la Ne paint Of beginning cloning 2.276°a a m°red v lad. 4.• a. sr�n ^ ---T- III _ I 22 14'3O ` ,•,'.• NOTES 20 18. J� • -Povad rood 1.BASS OF BEARINGS BEARINGS SON HEREON ARE RELATIVE TO A BEARING OF 5.7018,15E EEG x lI/l -- -__ - \ G THE NORTHEASTERLY UK OF LOT A,BOTH ENDS OF SAID LINE BEING Yl7t MOTED WITH A 1 FOcls yI ` 1 -.-.- REBAR AND CAP.is/2013"iNY 1W RA J2"-3}j3 1 U'-2O'X 32"-32' -. _ ^x I..� �, 2.DATE OF FIELD SURWY1.WAY,2010 BNN JAY.2012, 11 I I gSUT >< } .. 3145 SURVEY DOES NOT REPRESENT A TITLE SEARCH BY THIS SURVEYOR TO DETERMINE OWWIMSHIP ar g Cap OR TO p5CO%0 EASEMENTS OR OTHER ENCUMBRANCES a'RECORD. ALL OFORMA11ON O I- �Jr.O ,1 \ .glu(r S2tba Fds yp18 P PPY:Shirk Srreer t/oroiron FROy jTENG1RTEEE W/M MI ENT PNEPAAEp BY LAND 7LE QIMNIIEE�OMPANY,H�p�ER t�jpN i11(EN h / I I 902 62 sg. fl. AM6200393Z DATED EFFECTIVE MAY 25,2011,SAID TITLE COMMITMENT INDICATES THERE ARE NO iesses. I LIN � - EASEMENTS OF RECORD AFFECBNG TITS PROPERTY. 4.THE ONE-FOOT CONTOURS AND ETEYATNINS SHOWN HEREON ARE RElAfl*t0 NAVD Be DATUM AND AN ELEVATION OF 7688.00'AT MONUMENT MARKED CAS-8,OTY OF ASPEN-CPS CONTRA. Y �-\ s,T� 5.I IS SURVEY HAS BEEN PREPARED PER CUENT REQUEST FOR IMPROVEMENT SURVEY PLAT. CJ S+J grove]porkin9 orro B.UNITS a LINEAR MEASUREMENTS ARE DISPLAYED IN US SURVEY FEET. I i I i I n,I 16" j0• Y 40'-'S0' \ � � Francs&CormrsCh S[ree! (f ka. Center Smoot) 7.THE POSTIONA.TOLERANCE Of THE FOUND MONOENTS FOR THIS SURVEY IT LESS THAN 1:15,000 I o 6I'G aft vase \ Former Rght of WoY &FENCES SHOWN HEREON ARE FOR RFFMCE ONLY MO DO NOT NECESSARILY INDICATE UNITS OF in t lt'JB I�6 -V 1 ^ALP' / /" i re'1pe I 5761 Ifi I 6 22 ' /( ✓ d;ante Ines Deeded Scree!Arco e 533 sq !I OWNERSHIP. 2DG I -J2"X24' -o Fi 1'` and dnP _ -� 1 Book 76 Pope 534 II i i E'�a o 1-X d•. `A. ___- ___-__- / / / d / 9.THIS PROPERTY MAY BE SUB,ECT TO APPARENT EASEMENTS FOR EXISTING UTILITIES % j T { / 10.SON WILL NOT BE RE�ON9NE FOR ANY L71pNGE5 MADE i0 THIS DOCUMENT AFTER IT lfpVES / OUR POSSESSION.ANY COPY,F AD9W E.ETC,OF MS DOCUMENT MUST BE COMPARED TO THE I I Htin9a ORIGINAL S(NED,SEWED AND DATED DOCUMENT TO INSMAE THE ACCURACY OF THE OFORMATION Ga 1d' .. • DO / /; / '/... SHOWN ON ANY SUCH COPY,AND TO INSURE THAT NO SUCH CHANGES HAVE BEEN MADE. • 11 CONNECTING LANES%E 504E UNOFROtdND STOW AND SANITARY LINES WQE NOT MARKED W $ Q to GPS�w �•'• - r; / AND ASPEN COONSOLIDATED SANITATION DISTRICT.STFRONDED er cm s1HFET DEPARTMENT MAPS T6 N2p'2z 6i .'.. 2B"-2�. lOZ J4" / ! / ..... S gravel ..15 12.CANSIBWRFACE UTILITIES NOT SHOWN HEREON'MERE NOT WARNED BY APPRO%MTE UMIIY 3 i yr ed COMPANIES TO KRIFYMEDiH THE LOCATION AND CIJENT/CONITRACTOR MUST REgECR1E�UTUATIESAm�i11aA1 TM yavgfien ,•. 'w , SURVEYING MAY BE REWIRED TO SHOW ANY SUCH SUBSURFACE UTILITY LOCATIONS ON THIS /__ / % DPAIMN.SON WILL PON98LE FOR PROTECTION OF SUBSURFACE UTILITIES HOT MARKED s. O'er ON THE GROUND AT THE TIME O THIS SURVEY _ 1B a. 3 �4 T`•• O'.{on. _- -_- O// _rg JO"-15\ B s T- -Fran cis Yc p Sdfboca - P A G M NOT BE IVES ^,'^,, -, •. - -=sr C' : a a G.w. Il BASED SOLELY"THE FLOOD INSURANCE RATE MAP -sl- 'F1'R-O yd`'0.,, ____- g NJ1 OPTED JWHE 1.1987,PREPARED BY THE FEDERAL EMERGENCY MANIAGE T AGE Cy, 0203 C, ' _asMatt. '. -. -~ �}.' s 4p� / 4"J2" "-22' 30"-22 /+ / .k:§D THE SUBJECT = _ 24'•22� .,-L `a"'� PROPERTY IS DESOLATED AS BEND SITUATED N ZONE K-AREAS DETERMINED TO BE WTSDE e _ , _ /- ^, •. '. r _-- 7 $6b 5O0-YEAR FLOW PLAIN'. J 1+ ^, .^'r,`. '. •.`dge,'gravel .. ...;...._ .:,-....: ,, aif,, - .°s G O., Gs - _,�uT�S 1 `c '-uc �E le.BASED SDIIIY UPON FlGIIE ES-5 a 111E 2W1 SURFACE DRAINAGE MASTER PNNA THIS '�.11E� 034 /.. 2$8.99 , - e. Ba / 1 W u* a PROPERTY S NOT SNARED WITHIN ANY 6 THE POIENTN GEOLOGIC HAZARDS AREAS OFWCED ,.x677�'rl •' JT . '. a (Y /„' •.. jy�� / N75'09' � C __ L..' TEIECN. 3 \ '"m^• .4 ,.gfa "bar ' _ ur-4.T. uT- �''!S� _ •Hr7rel Potl+ .ospbatt- gro uT ar °an 31 .v. •n ro : ss W ar yT .- Fd_ UM GdP'• _�__ urn .� c d UT� •4 .1 a = -- SNCSwr's Cor66ahc IN Rim 7891.7 ., c c.' c ffi _ _4'4M4/f ss.-11 ss� -.7e7z:o _ o„�er,� ,., c •�,:. •--',_ - - ss---r-ss invert s I,DOMd A ,bang a re98tered Professi-1 Land Sunayor,Ih.md'n the State Of F _ -----T �, ar r 1 - N W r& 'Pon:=*' -1 55� - sy y1 s- Colorado,doh moony that this s an lmpra errant Survey Pill ro defined b CRS 3B s1-102(9). -----T I y nw .••. '. .asptiaN }�ss S1 51 �- Y --I y r'O'ne r ur •. , - "•$H''•_ _' Ss sr - AMA 5 ealting van a manum.led land smwy,showing the anml location of aN Scant 461. I I Clan r4aa L, fit^ ^ - `• Si -- -- I-- I Rim ]89 J edge%a calls situated an the desorbed Parcel and IWithin Rua fat Block 561 n -1�'- - i of.11 lb series .fanaa h ",". sr sr�- I }►- -Ter I..' + _--_ -_-._ � Taps'.. °f malab�a.darrea or such 0-1,and dm. cIe a.n'aln boundary.s4.a ar I I A red s- I I a1 . roe 9 r edge PbY2menr- --- a m.s.and all ease'nala and is f-red of o Public a pr wle nature that me f I wsble,ar°ppar.l,or of record and underground uititwa deee teal m r oNr A.-as .�;.; ♦:•, I T �:-__.__------__ ppwmen I N FIN�EN. I speciRad h Na tiffs-enitmenl relmmcedgherem, I pSFEN ATi ST"O'. I and that this Impro-It Su-y Plat end o ^$ �� rl cA rePar.e b scu,m Ace art., b I I e�� Rm laeai to W'si, I I G of s ENA I y CD I I Will$2014,based.site �OY7d A C oRE Et B 11 J6"rnr East 78773' ; �a TI0W11y1 I I I I PEP f J0 1 I y existed dining Dopey _ I Y� Ja Me von 73772' 0 dh.s m the ER's 30�� t{6 1s me w 7Be2r ,•^••' 11; I I I I °rrele mrey moat ra.uy Cob.Re P.ES.#29030 .9 . I 4 I J6'AIv worn 7Bld I' v I I I patammd m Nmembr 1,2013 0' I Ace p I ' I I I I 1 I °neck.yanks"m prWa m ma Fa,and on y W I Y2 o�P I 1 I I 1 I I �eckbg a thin it is we a beh611OfSGM 8 I I I I I at to the beat of my I F I I mm ledge and belief. SGM 1 Notice: Revision Date By .4cof"e. ro Cworodo Law.yrou must commence 3 a y roger owizn based ,.n°y-a";n us 00 E. Francis ' °-'s /a7/1J a6c lob No. 2070.364.006 survey wiM;n curse years o/fer you first diac°var sops zone n°h nni[w,ih Awfun kbs6.arise g R° sacn der r m na ewnr my ay raga,«ben 118 West Sixth Street,Suite 200 z andwdback.,'abs.`mP red rwbar rmw..d Improvement Survey Plat D.-b` � based upon ay defect:n fhis sa y bed ^ riink se 7311%and/ R/20/IJ dot e amme.Ked mare rnan ran yea;e i m me°•are Glenwood Springs,CO 811501 Aspen C V J ode pores'sew°m°u"wc ad,:m carrowe w da+t wgd riaa..rc rl/a/u oleo Dole. 4/&/14 of the cerr7fcwmn anawn hereon. 970.945.1004 www.sgm-irlC.eom / 4 rwi:ar free Aeac ne.oak men '1112111 dx s ,.,;.sad roar Ar w r,a A�fOVed: d /CmnsiM xl.J 1 1 7 ebc Fib: EFrancie-EC-140408 EXHIBIT 8 JEFFREY BEREI;S A R C H I T E C T S i \ _ 430 WEST MAIN STREET - ASPEN,CO 81611 - r PHONE 970.925.7017 Q - FAX 970.925.7026 N RT S1DEN E '___ -- � ��, --- '-- 0 t'" SEAL r T -VARIANCEAMENDMENTREOUEST WINDOWS AT STAIR �\ SE6 SHEET Z-RDS4 \ ISSUE r ,���11 •�� rri L� O 05.07.14 ZONING:RDS VARIANCE ADMINISTRATIVE AMENDMENT r r i r r r r -�- r r ; r • O � \ PROJECT NAME r, y - \ 100 & 108 - - EAST VARIANCE AMENDMENT REDDEST ; FRANCIS WEST AND SOUTH WINDOWS AT STUDY V r SEE SHEETS I Z-RDS28Z-RDS3 PROJECT No - 11001.00 SCALE -__-- O V=20-0" "--- \ SHEET TITLE PROPOSED SITE PLAN ``/O Zoning:Residential Design '' O Standards Variance Administrative Amendment "W/1 !�- %- - �, -- Request-Windows `�-`` \ Ors•__ �%O SHEET No Z-RDS 1 NORTH AND SOUTH RESIDENCES EXHIBIT 6 NOTICE OF APPROVAL For Two Residential Design Standard Variances at 100 E. Francis Street Parcel ID No.2735-124-19-851 APPLICANT: JAMMB,LLC REPRESENTATIVE: Mitch Haas-Haas Land Planning, LLC SUBJECT&SITE OF AMENDMENT: The Applicant is requesting three Residential Design Standard Variances for the property commonly known as 100 E. Francis St. (lengthy legal description attached as Exhibit A),related to the redevelopment of the subject parcel with two single-family residential units. All three variance requests are related the same Residential Design Standard regarding window span, discussed below. SUMMARY: The Applicant has requested three Residential Design Standard Variances related to duce different window locations - two on the primary residence and one on the secondary residence. The Applicant has requested these variances to permit three separate street- facing windows to span through the area between nine(9) and twelve(12) feet above the finished floor. A request for these Residential Design Standard Variances are required due to the language in City of Aspen Land Use Code, Section 26.410.040 (D)(3)(a), Residential Design Standards,Windows: "Street facing windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and hwelve (12) feet above the finished first floor. For interior staircases, this measurement will be made f-oni the first landing if one exists. A transom window above the main entry is exenipt,rron this standard." 100 E. Francis is a lot with two street frontages - Garmisch St. (as it extends north as a public right-of-way, but is not a paved street)on the property's western edge, and Francis St., which extends along the property's southern edge as a bicycle/pedestrian pathway. This standard applies to all street-facing facades of the both proposed residential structures. In order to obtain a variance, the Applicant must meet one of two criterion per Section 26.410.020(D) Variances of the Land Use Code: 1) Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. RECEPTION#: 594346,1113012012 at 03:37:39 PM, I 1 OF 7, R $41.00 Doc Code APPROVAL. Janice K.Vos Caudill,Pitkin County, CO 2) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. STAFF EVALUATION: Staff supports two of the three proposed variance requests for the development at 100 E. Francis St., and finds that these two requests meet the criterion for Residential Design Variance, as per Section 410.020 (D)(1) of the Land Use Code. These variances are as follows: 1) Primary Residence: The Applicant has requested a variance from the aforementioned Residential Design Standard to permit windows at the location, designated as No. 1 in Figure A below, that will span 9'-12' from the ground level. Staff feels that a variance fiom the Residential Design Standard for the glazing requirements at this location provides an architectural enhancement of a portion of the building that has been designed to benefit from full extent of glass. This is a one-story element of the building, and does not appear to represent two stories, Furthennore, this area is set back nearly eighty feet(80')from the Francis St. property line, and therefore has limited exposure to the public way as the structure is experienced from the Francis St. right-of-way. Staff finds application to meet criterion no. 1 for a variance at this location. ff !J r f'` '� xs kYFC - i StCTI6N'4',PAW 20 I SECTION lc' P'mt2e Figure A:Site plan depicting area on the primary residence of the first and second Residential Design Variance requests. 2 2) Primary Residence: The Applicant has requested a variance from the aforementioned Residential Design Standard to permit windows at the location designated as No. 2 in Figure A above that will span 9'-12' from the ground level. Staff does not support a variance request for this location. Rather than a single window that serves as an architectural feature, this area contains multiple windows that span an entire length of wall. The building at this location can be perceived to be a two-story structure with windows spanning between the floors. Staff does not find that the architecture in this location of the building to be impaired by following the Residential Design Standard, and does not feel that the application meets either variance criterion at this location. 3) Secondary Residence: The Applicant has requested a variance from the aforementioned Residential Design Standard to permit windows at the location, designated as No. 3 in Figure B below, that will span 9'-12' from the ground level. Staff feels that this request meets the criterion in a number of ways. This area complements the architecture found on the primary residence at the location of the first variance request, therefore providing a similar architectural vernacular within the proposed buildings on the site. Permitting glazing between the areas of 9'-12' here provides an architectural enhancement of this portion of the building that has been designed to benefit from full extent of glass. This is a one-story elernent of the building, and does not appear to represent two stories. Furthermore,the secondary residence is set back significantly from the Francis St. property line by approximately 220'. Although the Gannisch St. right-of-way borders the western portion of the property, this is an atypical public way, in that it exists primarily as a requirement of the City's Fire Protection District to access the back portion of this and the neighboring parcel. This is an unpaved right-of- way that extends from the intersection of Francis and Garmisch Streets, and is not a through street. Thus, this building has virtually no exposure to the public way. Staff finds that the Applicant has met the criterion no. 1 for requesting a variance from the applicable Residential Design Standard at this location. Fr _ e Figure B: Site plan depicting area on the secondary residence of third Residential Design Variance request. 3 DECISION: The Community Development Director finds two of the requested variances (designated as No. 1 in Figure A, above, and No. 3 in Figure B, above) from this Residential Design Standard to permit windows to span between 9' and 121, as measured from the finished floor, to be consistent with the review criteria (Exhibit C) and thereby, APPROVES the variances as specified below. The Community Development Director finds one of the requests for a variance from this Residential Design Standard to be inconsistent with the review criteria for this type of request, and denies approval at this location (designated as No.2 in Figure A, above). The approved variances to 100 E. Francis St. allows for the construction of two areas of window at the locations depicted as areas No. 1 on Figure A, above, and No. 3 on Figure B, above, to span between 9' and 12' as measured from finished grade. APPROVED BY: KIV 00on 1 is Date Community Development Director Attachments: Exhibit A—Legal Description Exhibit B—Site Plan&Elevations Exhibit C—Review Standards Exhibit D—Application 4 J Exhibit A Legal Description of Subject Site A parcel of land kaowu as the Given parcel being described at Reception #499350 together with a parcel being described at Reception#405579 in the records of the Clerk and Recorder:of Pitb-in County,all being In the C.xty of Aspen being more particularly described as follows: All of Block 63,part of Fraticis Street and part of Center Street as shown bh the City and Townsite of Aspen Map;a portion of the NWl/4SWi/4 cif Section 7, T. 10 S.,R. 84 W.and a portion of the NE114SE114 of Section 12,T.10 S.,R. 85 W.all in the 6th P.M.; Begiruring at a point an the north line of said Francis Street and 24.00 feet _ easterly of die west line of said Center Street also known as Garmisch Street, from which the Bast 1/4 corner of said Section 7 bears N08 DEGREES 54'19"B a distance of 926.25 feet,with All bearings being relative to N14 DEGREES 50'49"R along the centerline of Garmisch Street; thence N14 DEGREES 50'49"E a distance of 121.59 feet;thence N33 DBGREBS 03'19"B a distance of 42.21 feet; thence N07 D13GRM3S 19'05T a distance of 112.35 feet;thence S70 DJ30REES 18'15"E a distance of 239.94 to the southwest corner of tine vacatedparcel described at Reception#405579(Ordinance#13,Series of 1997,City of Aspen); thence along the boundary of said vacated parcel the.following four(4)courses NO2 DEGREES 00'00"W a distance 18.56 feet;thence S72 DEGREES 18108 11E a distance of 44.16 feet; thence S79 DEGREES 11'00"H a distance of ?.90 feet; thence S15 DBGl2UES 15'22"W a distance of 20.06 feet to the northeast corner of that parcel of laud described at said Reception#499350; thence S06 DEGREES 18'51"W a distance of 103.11 feet;thence 818 DEGREES 12'00"W a distance of 108.73 feet; thence 909 DEGREES 25'21"B a distance of 52.10 feet; thence S23 DEGRE13S 21'00"B a distance of 83.49 feet to southerly line of Francis Street extended easterly; Thence N75 DEGREES 09'11"W along the north line of Block 64, City and Townsite of Aspen,a distance of 288.99 feet to the northwest corner of said Block 64; thence N30 DEGREES 59'37"W a distance of 107,34 feet to the point of beginning. County of Pitlin,State of Colorado. 1 Exhibit B- 1 Site Plan • / - tECTgI Y. ft lie pp LI I r s Exhibit B-2 Building Elevations Areas granted variance in yellow. l.1 HESIOENCE�:STREET ELEVATION.SOUTH 1:SME8'r ELEVATION-SOUTHWEST RESIDENCE 1i STREET ELEVATION-VVEST 000rt I1I44{ , !!�I�%CCZSTREET ELEVATION SOUTH WEST 2WE 2 SIRE.ELEVATION EXHIBIT 9 ]EFFIEYBEIYUS A R C H I T E C T S VARIANCE AMENDMENT REQUEST \ WINDOW AT STUDY FACING SOUTH r �� SAFETY i 7 \ ® 7903.0' � ® y'+ t 7900-p �' 430 WEST MAIN STREET ASPEN,C081611 100 110 b i81 i. it PHONE 970.925.7017 of FAX 970.925.7026 LVM b 116 1© SEAL OLAi itt SAFETY aLA:EG OF COCOA JEFFREY KEtRN a N0.3644/3 V ISSUE 11.15.13 PLAN CHECK SUBMITTAL I I ' L— -------------J I 04.23.14 ZONING REVIEW L——————————————J 05.07.14 VARIANCE ADMINISTRATIVE AMENDMENT L-------------"t _ L-------------------------------------------------------------------------� .� South Elevation- Residential Design Standards Variance Amendment 3/16"=V-0" PROJECT NAME 100 E. FRANCIS PROJECT No. 11001.02 SCALE 3/16"=V-0" SHEET TITLE Zoning-Residential Design Standards Variance Administrative Amendment Request Windows SHEET No. Z-RDS2 SOUTH RESIDENCE 4 EXHIBIT 9 i 1, JEFFREY BERRUS A R C H I T E C T S I VARIANCE AMENDMENT REQUEST WEST WINDOWS AT STUDY HIDDEN FROM VIEW BY GARAGE VOLUME IN FRONT \ 430 WEST MAIN STREET _ ASPEN,CO 81611 PHONE 970.925.7017 FAX 970.925.7026 SEAL '-P OF CO4 �P b JEFFREY KEVIN b BERNUS A j ~ No.3W `) .•P c�tiSEb AftG�\l I III III III I II I ISSUE I I II III - - I I II I I — --- I 5.1 3 PLAN CHECK SUBMITTAL 0423.14 ZONING REVIEW 05.07.14 ZONING:RDS VARIANCE .� West Elevation - Residential Design Standards Variance Amendment ADMINISTRATIVE AMENDMENT 3/16•=1'-0' VARIANCE AMENDMENT REQUEST PROJECT NAME WINDOWS FACING WEST BUT BLOCKED FROM VIEW FROM NORTH GARMISCH EXTENSION 100 E. FRANCIS VARIANCE AMENDMENT REQUEST OBLIQUE VIEW OF WINDOW FACING SOUTH SEE ALSO SHEET Z-RDS2 777 PROJECT N. 11001.02 717-P SCALE 7K10'•P 3/16"=11-0" SHEET TITLE Zoning-Residential Design Standards Variance �+• - Administrative Amendment Request Windows SHEET No. 2 West Elevation at Courtyard - Residential Design_Standards Variance Amendment 31,6•=V-0' Z-RDS3 SOUTH RESIDENCE I EXHIBIT 10 JEFFIEY BEIYUS A R C H I T E C T S VARIANCE AMENDMENT REQUEST \ AF WINDOWS AT STAIR 7901'.T \ 7M9'-7• 430 WEST MAIN STREET ASPEN,CO 61611 PHONE 970.925.7017 FAX 970.925.7026 SEAL it 0 pj '. STAIR 1 it ® � ® JEFPREY KEVIN �I[�. r EADS®O-Y b 7999'-T A. /EWUS r N0.304413,(tU r---- -b -- ------ --- - 1 �SEpARO�`- I LINE OF PROPOSED GRADE ISSUE I I I I ------L----- L--------- J 111513 PLAN CHECRSUBMRTAL T------ I I I 04.23.14 ZONING REVIEW UNE OF EXISTING GRADE 05 07 14 ZONING'RDS VARIANCE ADMINISTRATIVE AMENDMENT LINE OF INTERIOR STAIR-SHOWN DASHED L-------------1— ----------J-------------------------J .� South Elevation - Residential Design Standards Variance Amendment 1/4"=1'-0" PROJECT NAME 108 E. FRANCIS PROJECT N. 11001.01 SCALE 1/4"=V-0" SHEET TITLE Zoning-Residential Design Standards Variance Administrative Amendment Request Windows SHEET No. Z-RDS4 NORTH RESIDENCE EXHIBIT 3 City of Aspen Community Development Dept. 130 S. Galena Street Aspen, CO 81611 MAY 0 i ?0'4 RE: 100 and 108 E. Francis Street, Aspen (PID#2735-124-19-851) Residential Design Standard Variances To whom it may concern As applicant for the above requested reviews and approvals for 100 and 108 E. Francis Street, Aspen, JAMMB, LLC hereby authorizes Jeffrey Berkus Architects, Inc. (JBA)to act as designated and authorized representatives for the preparation, submittal and processing of the application requiring Residential Design Standard Variance approvals for both residences on the site, as well as, any incidental requests or subsequent applications that may be associated therewith. JBA is also authorized to represent JAMMB, LLC in meetings with City staff, the Planning and Zoning Commission, and any other appropriate City officials. Should you have any need to contact us during the course of your review, please do so through Jeffrey Berkus Architects, Inc. 430 W. Main Street Aspen, CO 81611 970.925.7017 jeff @berkusdesign.com� `� V1Gin�� 1 -� .t," (��Si'�1� CL+Y�� �G (i�l,�(� ���SC��S��►� CL.'YYl Yours truly, I JAMMB, LLC 601 E. Hyman Ave. Aspen, CO 81611 By: Adam J. Lewis, Trustee the Adam J. Lewis Recovable Trust U/T/A dated October 1, 1996, As Amended, its Manager EXHIBIT 4 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny,970.429.2739 DATE: 4/29/2014 PROJECT: 100 E. Francis St. REPRESENTATIVE: Stephanie Gerwin,Jeffery Berkus Architects REQUEST: Residential Design Standard(RDS)Variance—Amendment to Prior Approval DESCRIPTION: The subject property is located at 100 E. Francis St., within the R-6 zone district. In November, 2012 the applicant received an administrative Notice of Approval granting Residential Design Standard Variances to permit windows to span between the 9'-12'zone for specific areas on both the primary and secondary residence on the property. This approval is recorded at Reception No. 594345. The current proposal is an amendment to the previous approval to allow additional windows on each residence to span the 9'-12' "no-window zone". Staff will accept an application for administrative review. The following two criteria are used in determining the appropriateness of a variance: 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. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin.com/Portals/O/docs/City/Comdev/Apps%20and%20Fees/2013%20land%20use%20app%20form pdf Land Use Code: http://www.asr)en i)itkin.com/Departments/Commu nity-Develoi)menUPlann ing-and-Zoning/Title-26-Land-Use-Code/ Relevant Land Use Code Section(s): 26.306 Common Development Review Procedures 26.410.020.1) Residential Design Standards Variances 26.710.040 Medium-Density Residential (R-6) Review by: Community Development Public Hearing: None Planning Fees: $650 for two (2) hours of work. If the application is required to go to the Planning and Zoning Commission for review, all time beyond two (2) hours of work will be billed at$325 an hour. 1 Referrals: none Total Deposit: $650 To apply, submit 1 copy of the following information: ❑ Completed Land Use Application. (see link above) ❑ Signed fee agreement. (part of the land use application) ❑ Total deposit for review of the application. ❑ Pre-application Conference Summary. (this document) ❑ A written description of the proposal and graphic representation of the windows requiring an additional variance 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. 2 MAY O '014 EXHIBIT 5 . � '� mfr ;~1Or✓� `� i1ci.i elf kj-, COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees Anagreement between the City of Aspen ("City")and Property JAMMB,LLC,by Adam J.Lewis,Trustee of the Phone No.:c/o Jeffrey Berkus Architects,Inc.970�.I9,25.7017 Owner("I"): Adam J.Lewis Revocable Trust Urr/A,dated EmaiL'`J o @+ephani9•E, be(Ki s(Jc'Si jn t G' October 1,1996,As Amended,its Manager c/o Jeff beFkusdesi n.com v Address of 100 and 108 E.Francis Street,Aspen Billing JAMMB,LLC C/o r&c (i ��t'�Yt'S(�� IGYI C�Yti1 Property: (PID#2735-124-19-851) Address: c/o Millares&Co. JJ 500 Dixie Hwy.,#201 (subject of (send bills here) Miami,FL 33146 application) understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $0 flat fee for Select Dept $0 E flat fee for Select Dept $0 E flat fee for Select Dept $0 flat fee for Select Review For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. 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. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $650 deposit for 2 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$325 per hour. $ deposit for n/a hours of Engineering Department staff time.Additional time above the deposit amount will be billed at$265 per hour. City of Aspen: Property Owner: �/� Chris Bendon Adam J. ewis Community Development Director Name: Trustee of the Adam J. Lewis Revocable City Use: Title: Trust U/T/A dated October 1, 1996 Fees Due: $650 Received: $ January, 2013 City of 1 920-5090 ' EXHIBIT 1 Customer Distribution 1 ^M�.T&^ Our Order Number: QC62005955 GUARANTEE COMPANY Date: 04-08-2014 W W W.l T G C.C U M Property Address: 100 E FRANCIS ST,ASPEN, CO 81611 For Title Assistance Kim Shultz 533 E HOPKINS#102 ASPEN,CO 81611 970-927-0405(phone) 970-925-6243(fax) kshultz @ltgc.com Seller/Owner JAMMB LLC 500 S DIXIE HWY#201 CORAL GABLES,FL 33146 Delivered via: Delivered by Attorney Other GARFIELD&HECHT PC Attention: STACY STANEK 601 E HYMAN AVE ASPEN,CO 81611 970-925-1936(work) 970-925-3008(work fax) sstanek @garfieldhecht.com Delivered via: Electronic Mail ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: QC62005955 Customer Ref/Loan No.: Property Address: 100 E FRANCIS ST,ASPEN, CO 81611 1. Effective Date: 04-01-2014 at 17:00:00 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: TO BE DETERMINED 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: JAMMB, LLC,A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: A PARCEL OF LAND KNOWN AS THE GIVEN PARCEL BEING DESCRIBED AT RECEPTION #499350 TOGETHER WITH A PARCEL BEING DESCRIBED AT RECEPTION#405579 IN THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY,ALL BEING IN THE CITY OF ASPEN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF BLOCK 63, PART OF FRANCIS STREET AND PART OF CENTER STREET AS SHOWN ON THE CITY AND TOWNSITE OF ASPEN MAP;A PORTION OF THE NW1/4SW1/4 OF SECTION 7, T. 10 S., R. 84 W. AND A PORTION OF THE NE1/4SE1/4 OF SECTION 12,T10 S., R. 85 W.ALL IN THE 6TH P.M.; BEGINNING ATA POINT ON THE NORTH LINE OF SAID FRANCIS STREET AND 24.00 FEET EASTERLY OF THE WEST LINE OF SAID CENTER STREET ALSO KNOWN AS GARMISCH STREET, FROM WHICH THE EAST 1/4 CORNER OF SAID SECTION 7 BEARS N08 DEGREES 54'19"E A DISTANCE OF 926.25 FEET, WITH ALL BEARINGS BEING RELATIVE TO N14 DEGREES 50'49"E ALONG THE CENTERLINE OF GARMISCH STREET;THENCE N14 DEGREES 50'49"E A DISTANCE OF 121.59 FEET;THENCE N33 DEGREES 03'19"E A DISTANCE OF 42.21 FEET; THENCE N07 DEGREES 19'05"E A DISTANCE OF 112.35 FEET;THENCE S70 DEGREES 18'15"E A DISTANCE OF 239.94 TO THE SOUTHWEST CORNER OF THE VACATED PARCEL DESCRIBED AT RECEPTION#405579 (ORDINANCE#13, SERIES OF 1997, CITY OF ASPEN);THENCE ALONG THE BOUNDARY OF SAID VACATED PARCEL THE FOLLOWING FOUR (4) COURSES NO2 DEGREES 00'00"W A DISTANCE 18.56 FEET;THENCE S72 DEGREES 18'08"E A DISTANCE OF 44.16 FEET;THENCE S79 DEGREES 11'00"E A DISTANCE OF 7.90 FEET;THENCE S15 DEGREES 15'22"W A DISTANCE OF 20.06 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED AT SAID RECEPTION#499350;THENCE S06 DEGREES 18'51"W A DISTANCE OF 103.11 FEET;THENCE S18 DEGREES 12'00"W A DISTANCE OF 108.73 FEET;THENCE S09 DEGREES 25121 11E A DISTANCE OF 52.10 FEET;THENCE S23 DEGREES 21'00"E A DISTANCE OF 83.49 FEET TO SOUTHERLY LINE OF FRANCIS STREET EXTENDED EASTERLY;THENCE N75 DEGREES 09'11"W ALONG THE NORTH LINE OF BLOCK 64, CITY AND TOWNSITE OF ASPEN,A DISTANCE OF 288.99 FEET TO THE NORTHWEST CORNER OF SAID BLOCK 64;THENCE N30 DEGREES 59'37"W A DISTANCE OF 107.34 FEET TO THE POINT OF BEGINNING. IL ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: QC62005955 Customer Ref/Loan No.: COUNTY OF PITKIN, STATE OF COLORADO. AMERICAN Copyright 2006-2014 American Land Title Association. All Rights Reserved [AND T I T L E ASSO(_IA'I ION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date , of use. All other uses are prohibited.Reprinted under license from the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: QC62005955 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s)creating the estate or interest to be insured must be executed and duly filed for record,to-wit: NOTE:ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY,ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. 1. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR TO BE DETERMINED RECORDED MAY 25, 2011 AT RECEPTION NO. 580130 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES ADAM J. LEWIS,TRUSTEE OF THE ADAM J. LEWIS REVOCABLE TRUST U/T/A DATED OCTOBER 1, 1996 AS THE MANAGER AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE,A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. 2. WARRANTY DEED FROM JAMMB, LLC,A COLORADO LIMITED LIABILITY COMPANY TO TO BE DETERMINED CONVEYING SUBJECT PROPERTY. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: QC62005955 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests,or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance,violation,variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien,for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created,first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b)proceedings by a public agency that may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. 7. (a)Unpatented mining claims; (b)reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)water rights, claims or title to water,whether or not the matters excepted under (a), (b),or(c)are shown by the Public Records. 8. PROVIDED THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR, OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS,AND PROVIDED FURTHER GRANT HEREBY MADE IS HELD AND DECLARED TO BE SUBJECT TO ALL THE CONDITIONS, LIMITATIONS AND RESTRICTIONS CONTAINED IN SECTION 2386 OF THE REVISED STATUTES OF THE UNITED STATES,AS SET FORTH IN UNITED STATES PATENT RECORDED MARCH 24, 1885 IN BOOK 11 AT PAGE 162. 9. RESERVATIONS AS CONTAINED IN DEEDS FROM THE CITY OF ASPEN RECORDED MAY 18, 1887 IN BOOK 49 AT PAGE 285, RECORDED JANUARY 3, 1888 IN BOOK 59 AT PAGE 245, RECORDED JANUARY 31, 1888 IN BOOK 59 AT PAGE 330, RECORDED MAY 11, 1888 IN BOOK 59 AT PAGE 434 AND RECORDED JULY 16, 1888 IN BOOK 59 AT PAGE 462. 10. TERMS, CONDITIONS AND PROVISIONS OF ORDER AND DECREE RECORDED FEBRUARY 09, 1951 IN BOOK 175 AT PAGE 472. 11. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL RECORDED NOVEMBER 30, 2012 AT RECEPTION NO. 594345. 12. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACT SHOWN ON IMPROVEMENT SURVEY DATED MAY 23, 2011, PREPARED BY SCHMUESER GORDON MEYER, JOB#2010-364.002 AND RECORDED MAY 23, 2011 UNDER RECEPTION NO. 580092: Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: QC62005955 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: A. STAIRS AND GRAVEL PATH ALONG EASTERN BOUNDARY OF THE LAND, BUT NOT WITHIN A RECORDED EASEMENT. B. POSSESSORY INTERESTS THAT MAY BE CLAIMED DUE TO THE LOCATION OF FENCE LINES ALONG THE BOUNDARIES OF THE LAND. JOINT NOTICE OF PRIVACY POLICY OF LQI IC l LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY-GRAND JUNCTION, GUARANTEE COMPANY LAND TITLE INSURANCE CORPORATION AND W W W.LT GC.C 0 M OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information('Personal Information"). In the course of our business,we may collect Personal Information about you from: ► applications or other forms we receive from you, including communications sent through TMX,our web-based transaction management system; ► your transactions with,or from the services being performed by, us,our affiliates,or others; ► a consumer reporting agency, if such information is provided to us in connection with your transaction; and ► the public records maintained by governmental entities that we either obtain directly from those entities,or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: ► We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. ► We maintain physical,electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. ► Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. ► We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws,there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission;when we are required by law to do so,for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as,for example,when disclosure is needed to enforce our rights arising out of any agreement,transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy,or the breach thereof,shall be settled by arbitration in accordance with the rules of the American Arbitration Association,and judgment upon the award rendered by the arbitrator(s)may be entered in any court having jurisdiction thereof. LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY-GRAND JUNCTION Land Title GUARANTEE COMPANY TIC CO M DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122,notice is hereby given that: A) The Subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners,the County Clerk and Recorder,or the County Assessor. Note: Effective September 1, 1997,CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch.The clerk and recorder may refuse to record or file any document that does not conform,except that,the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note:Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that"Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction,exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note:Affirmative mechanic's lien protection for the Owner may be available(typically by deletion of Exception no.4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued)upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction,improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment,the requirements to obtain coverage for unrecorded liens will include:disclosure of certain construction information;financial information as to the seller,the builder and or the contractor;payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company,and,any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception,or exceptions,in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed,leased,or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil,gas,other minerals,or geothermal energy in the property;and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false,incomplete,or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment,fines,denial of insurance,and civil damages.Any insurance company or agent of an insurance company who knowingly provides false, incomplete,or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. ,�aP�7irr'F�•., Commitment to Insure -�: ALTA Commitment-2006 Rev. * y - Z_ OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY,a Minnesota corporation,(Company)for a valuable * m' consideration,commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor of the Proposed * O . Insured named in Schedule A,as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, b ' upon payment of the premiums and charges and compliance with the requirements;all subject to the provisions of Schedule A ''.070 • f Nd and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue,whichever first occurs,provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term"mortgage",when used herein,shall include deed of trust,trust deed,or other security instrument 2. If the proposed Insured has or acquires actual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,and shall fail to disclose such knowledge to Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge.If the proposed Insured shall disclose such knowledge to the Company,or if the Company otherwise acquires actual knowledge of any such defect,lien,encumbrance,adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly,but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the requirements hereof or(b)to eliminate exceptions shown in Schedule B,or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title.Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.orr STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to,this Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements,or claims of easements,not shown by the Public Records. 3. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the Public Records. 5. Defects,liens,encumbrances,adverse claims or other matters,if any,created,first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF,Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: ,,►,, Old Republic National Title Insurance Company Land Title Guarantee Company ,�� a Stock Company 3033 East First Avenue r1 /,4 S, 400 Second Avenue South Suite 600 ,��� K * Minneapolis,Minnesota 55401 Denver,Colorado 80206 * G- (612)371-1111 303-850-4165 U * * Z J * 0 0 . Mark Bilbrey AMERICAN �a�: President LAND TITLE O �`` {,♦ ASSOCIATION Authorized Officer or Agent - Rands Yeager Secretary EXHIBIT 2 coo y/ 20/� • �' ,:$ . 44' ATTACHMENT 2—LAND USE APPLICATION PROJECT: Name: 100 E. Francis Location: 100 and 108 E. Francis Street, Aspen Indicate street address,lot&block number,le al description where appropriate) Parcel ID# REQUIRED) 2735-124-19-851 APPLICANT: Name: JAMMB, LLC Address: 601 E. Hyman Avenue, Aspen, CO 81611 Phone#: REPRESENTATIVE: Name: Jeffrey Berkus Architects, Inc. Address: 430 W. Main Street, Aspen, CO 81611 Phone#: 970.925.7017 TYPE OF APPLICATION:(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 Conversion/ Expansion ® Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc.) Vacant lot PROPOSAL: (description of proposed buildings,uses,modifications,etc.) Construction of 2 Residences. Update to prior RDS variance requested. Have you attached the following? FEES DUE:$_1650 ❑X Pre-Application Conference Summary ❑X Attachment#1,Signed Fee Agreement ❑X Response to Attachment#3,Dimensional Requirements Form © Response to Attachment#4,Submittal Requirements-Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of all written text (Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. EXHIBIT 2 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: 100 E. Francis Applicant: JAMMB, LLC Location: 100 and 108E Francis Street, Aspen Zone District: R-6 Lot Size: 99,158 sq.ft. Lot Area: 43,409 sq.ft. (for the purposes of calculating Floor Area,Lot Area may be reduced for areas within the high water mark,easements,and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: N/A Proposed: N/A Number of residential units: Existing: 0 Proposed.• 2 Number of bedrooms: Existing: 0 Proposed: 8 Proposed% of demolition(Historic properties only): N/A DIMENSIONS: Floor Area: Existing: N/A Allowable:5,860.46 Proposed:5,860.46 Principal bldg. height: Existing: N/A Allowable: 25' Proposed: 25' Access. bldg. height: Existing: N/A Allowable:N/A Proposed:N/A On-Site parking: Existing: N/A Required: 4 Proposed: 4 Site coverage: Existing: N/A Required. 25% max. Proposed: 7% %Open Space: Existing: N/A Required: N/A Proposed: N/A Front Setback: Existing: N/A Required: 10' Proposed: 54' Rear Setback: Existing: N/A Required: 10' Proposed: 71' Combined F/R: Existing: N/A Required:N/A Proposed: N/A Side Setback: Existing: N/A Required: 15' Proposed: 70' Side Setback: Existing: N/A Required: 15' Proposed:85' Combined Sides: Existing: N/A Required: 50' Proposed.• 155' Distance Between Existing N/A Required: 10' Proposed:73' Buildings Existing non-conformities or encroachments: Variations requested: too EAST I(t/WGS p p: I Z4 19 • 851 05.0�•l4 / � CD-R (nem :rex . s� 700M6 80"111) Rd5 VARI/WCE AMFaNOMENT --- - a s �i�crs . tdaw, Date op" to $ Orclarof v Wells Fargo Bank NA Colorado welkfargo.com 70YRDS dgyiclhc, ArneMmcn} S1 14- 1:10200007D: 040848S9C. 9110 00S40 540 23- 7/10201007 0408485969 GS-0. 6b �R ® (/r ✓µt'1 - :Hai.+ -- �r JEFFREY BERKUS ARCHITECTS, INC. 430 West Main Street, Aspen, C0 81611 P.970.925.7017 F.970.925.7026 May 7, 2014 Chris Bendon, Community Development Director Sara Nadolny, Planning Technician c/o City of Aspen Community Development Department 130 South Galena Street, 3rd Floor Aspen, Colorado 81611 RE: Residential Design Standards Approval and Variance Requests for 100 & 108 East Francis Street, Aspen (Parcel ID #2735 - 124 -19 -851) Dear Chris and Sara: Please consider this letter and the attached exhibits to represent a formal request for approval of a Residential Design Standards Variance Amendment for 100 and 108 E. Francis Street (Parcel Identification Number 2735 - 124 -19 -851). The vicinity map, below, provides a representation of the site's approximate location relative to the surrounding area. i • C"t -,.: . • e_T may... •-k'� --` �'' T �l ;QLLESPieST • VfARLCT r �a�� t •_ • 4e; Hum* O"t l D kU t& "Malin Lake Roene g fork lilwr CD Vicinity Map — 100 E. Francis Street, Aspen Page 2 of 4, 100 & 108 East Francis Street (PID# 2735 - 124 -19 -851) Residential Design Standards Variance Request, Planning & Zoning The application is submitted by JAMMB, LLC (owner and hereinafter "applicant," see proof of ownership, Exhibit 1) pursuant to Chapter 26.410, Residential Design Standards of the Aspen Land Use Code (the "Code "). The City's Land Use Application and Dimensional Requirements Forms are attached hereto as Exhibit 2. Authorization for Jeffrey Berkus Architects to represent the applicant is attached as Exhibit 3. A Pre - Application Conference summary is attached hereto as Exhibit 4. An executed application fee agreement is attached as Exhibit 5. The applicant's representatives have already met with staff from the Community Development Department to discuss the proposed development of two homes on the property. Based on that meeting, it was determined that the additional windows spanning between 9ft and 12ft on both the North and South Residences would be eligible for an Administrative Variance, amending the prior approval of Administrative Variance. Variance Requests With regard to Variances from the City of Aspen's Residential Design Standards (the "RDS "), the Land Use Code provides at Section 26.410.020 (D)(1) that an applicant, ...may seek an administrative variance for not more than three (3) of the individual requirements. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the Community Development Director shall find that the variances, if granted, would: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as is used in the development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the director feels is necessary to determine if the exception is warranted, or, b. Be clearly necessary for reasons of fairness related to unusual site specific constraints. In the current case, the applicant is requesting variance from the following Residential Design Standard relating to window heights (26.41O.O4O(d)(3). The standard is enumerated below in italicized text and is followed by a response demonstrating why granting of the requested variance is appropriate. 3. Windows. a. Street - facing windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and twelve feet (12) above the finished first floor. For interior staircases, this measurement will be made from the first landing if one exists. A transom window above the main entry is exempt from this standard. The "Windows" standard is part of the "Building Elements" requirements of the RDS. The purpose of the building element standards is "to ensure that each residential building has street - facing architectural details and elements, which provide human scale to the fagade, enhance the walking experience and reinforce local building traditions." Page 3 of 4, 100 & 108 East Francis Street (PID# 2735 - 124 -19 -851) Residential Design Standards Variance Request, Planning & Zoning South residence: The South residence was granted a variance for the 9 -12ft window standard on November 27, 2012. (See Exhibit 6, page 3, Item 3.) The current window condition, for which we are requesting an amendment to the administrative variance, is shown in Exhibit 9 on sheets Z -RDS2 and Z -RDS3. Window 174 (Sheet Z -RDS2) is directly adjacent to the windows for which a variance was previously granted. Although this window spans into the area between 9ft and 12ft above the finished first floor of the residence, it is clear that this window is located in a single -story area that simply have extra volume but no second story above. The fenestration design and layout is wholly consistent with the style of architecture, which reinforces post -war local building traditions, and provides an appropriate pattern of development considering the site's relatively unique and isolated nature /context. Additionally, this window is located 94ft back from the property line adjoining the Francis Street bike path and is obscured by the large heritage trees along the path. Windows on the west elevation of the courtyard of the house (see sheet Z -RDS3, drawing 2) face toward the street of the North Garmisch extension; however, they are completely obscured from view by the one -story garage wing of the building (see sheet Z -RDS3, drawing 1.) Furthermore, they are located 153ft back from the property line along that street, and the entire fagade is obscured from view from the west by the veritable forest of heritage trees on the western side of the property. None of the proposed windows that span into the 9ft -12ft zone are contrary to the spirit of the standard, and the design creatively and appropriately addresses the unique setting of this property. North residence: The North residence is a one -story building that was granted a variance for the 9 -12ft window standard on November 27, 2012 (See Exhibit 6, page 2 and 3, Items 1 and 2.) The current window condition, for which we are requesting an amendment to the administrative variance, is shown in Exhibit 10 on sheet Z -RDS4. Windows 006, 007, and 008 meet the standard of not having glazing between 9ft and 12ft above the finished level of the first floor. However, the space behind these windows is a stair descending to the lower level. The code states that "For interior staircases, this measurement will be made from the first landing if one exists." The only landing of this interior stair is a lower landing thus creating a condition where the 9ft to 12ft glazing falls between 2' -5" and 5-5" above the main level finish floor. This location is not one where a second floor level would typically exist. Additionally, these windows are set back 243ft from the Francis Street bike path, are hidden from view by the South residence and the large heritage trees. In summary, the proposed development and windows shown comply with the spirit and intent of the window standards. The foregoing narratives coupled with the accompanying drawings demonstrate that the limited extent of the requested variances are justified by the context in which the development is proposed, constraints specific to the site and the proposed design's continued ability to promote the purposes of the particular standards. Page 4 of 4, 100 & 108 East Francis Street (PID# 2735 - 124 -19 -851) Residential Design Standards Variance Request, Planning & Zoning It is requested that the Community Development Director and department approve these amendments to the 9ft -12ft window standard variance granted previously. If you should have any questions, of if I can be of further assistance, please do not hesitate to contact me. Sincerely, Jeffrey Berkus Architects, Inc. jo Jeff Berkus Principal Exhihits-_ 1. Proof of Ownership, legal description of property and title commitment 2. Land Use Application & Dimensional Requirements Forms 3. Authorization Letter for Jeffrey Berkus Architects, Inc., to represent the applicant 4. Pre - application Conference Summary 5. Application Fee Agreement 6. Recorded Approval of Residential Design Standards Variances, dated 11/30/12 7. Site Improvement survey, prepared by Schmeuser Gordon Meyer 8. Site plan drawing prepared by Jeffrey Berkus Architects, sheet Z -RDS 1 9. Elevations South Residence prepared by Jeffrey Berkus Architects, sheets Z- RDS2 and Z -RDS3 10. Elevation North Residence prepared by Jeffrey Berkus Architects, sheet Z- RDS4 Customer Distribution Land Tide GUARANTEE COMPANY WWW. LTG C.COM Property Address: 100 E FRANCIS ST, ASPEN, CO 81611 Seller /Owner JAMMB LLC 500 S DIXIE HWY # 201 CORAL GABLES, FL 33146 Delivered via: Delivered by Attorney Other GARFIELD & HECHT PC Attention: STACY STANEK 601 E HYMAN AVE ASPEN, CO 81611 970 - 925 -1936 (work) 970 - 925 -3008 (work fax) sstanek @garfieldhecht.com Delivered via: Electronic Mail EXHIBIT 1 Our Order Number: QC62005955 Date: 04 -08 -2014 For Title Assistance Kim Shultz 533 E HOPKINS #102 ASPEN, CO 81611 970 - 927 -0405 (phone) 970 - 925 -6243 (fax) kshultz @ltgc.com ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: QC62005955 Customer Ref /Loan No.: Property Address: 100 E FRANCIS ST, ASPEN, CO 81611 1. Effective Date: 04 -01 -2014 at 17:00:00 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: TO BE DETERMINED 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: JAMMB, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: A PARCEL OF LAND KNOWN AS THE GIVEN PARCEL BEING DESCRIBED AT RECEPTION #499350 TOGETHER WITH A PARCEL BEING DESCRIBED AT RECEPTION #405579 IN THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, ALL BEING IN THE CITY OF ASPEN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF BLOCK 63, PART OF FRANCIS STREET AND PART OF CENTER STREET AS SHOWN ON THE CITY AND TOWNSITE OF ASPEN MAP; A PORTION OF THE NW1 /4SW1/4 OF SECTION 7, T. 10 S., R. 84 W. AND A PORTION OF THE NE1 /4SE1/4 OF SECTION 12, T10 S., R. 85 W. ALL IN THE 6TH P.M.; BEGINNING AT A POINT ON THE NORTH LINE OF SAID FRANCIS STREET AND 24.00 FEET EASTERLY OF THE WEST LINE OF SAID CENTER STREET ALSO KNOWN AS GARMISCH STREET, FROM WHICH THE EAST 1/4 CORNER OF SAID SECTION 7 BEARS N08 DEGREES 54'19 "E A DISTANCE OF 926.25 FEET, WITH ALL BEARINGS BEING RELATIVE TO N14 DEGREES 50'49 "E ALONG THE CENTERLINE OF GARMISCH STREET, THENCE N14 DEGREES 50'49 "E A DISTANCE OF 121.59 FEET; THENCE N33 DEGREES 03'19 "E A DISTANCE OF 42.21 FEET; THENCE N07 DEGREES 19105 "E A DISTANCE OF 112.35 FEET; THENCE S70 DEGREES 18'15 "E A DISTANCE OF 239.94 TO THE SOUTHWEST CORNER OF THE VACATED PARCEL DESCRIBED AT RECEPTION #405579 (ORDINANCE #13, SERIES OF 1997, CITY OF ASPEN); THENCE ALONG THE BOUNDARY OF SAID VACATED PARCEL THE FOLLOWING FOUR (4) COURSES NO2 DEGREES 00'00 "W A DISTANCE 18.56 FEET, THENCE S72 DEGREES 18'08 "E A DISTANCE OF 44.16 FEET, THENCE S79 DEGREES 11'00 "E A DISTANCE OF 7.90 FEET; THENCE S15 DEGREES 15'22 "W A DISTANCE OF 20.06 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED AT SAID RECEPTION #499350; THENCE S06 DEGREES 18'51 "W A DISTANCE OF 103.11 FEET, THENCE S18 DEGREES 12'00 "W A DISTANCE OF 108.73 FEET, THENCE S09 DEGREES 25'21 "E A DISTANCE OF 52.10 FEET, THENCE S23 DEGREES 21'00 "E A DISTANCE OF 83.49 FEET TO SOUTHERLY LINE OF FRANCIS STREET EXTENDED EASTERLY; THENCE N75 DEGREES 09'11 "W ALONG THE NORTH LINE OF BLOCK 64, CITY AND TOWNSITE OF ASPEN, A DISTANCE OF 288.99 FEET TO THE NORTHWEST CORNER OF SAID BLOCK 64; THENCE N30 DEGREES 5937 "W A DISTANCE OF 107.34 FEET TO THE POINT OF BEGINNING. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B -1 (Requirements) Order Number: QC62005955 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND /OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. 1. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR TO BE DETERMINED RECORDED MAY 25, 2011 AT RECEPTION NO. 580130 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES ADAM J. LEWIS, TRUSTEE OF THE ADAM J. LEWIS REVOCABLE TRUST U/T /A DATED OCTOBER 1, 1996 AS THE MANAGER AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. 2. WARRANTY DEED FROM JAMMB, LLC, A COLORADO LIMITED LIABILITY COMPANY TO TO BE DETERMINED CONVEYING SUBJECT PROPERTY. Old Republic National Title Insurance Company Schedule B -2 (Exceptions) Order Number: QC62005955 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. PROVIDED THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR, OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS, AND PROVIDED FURTHER GRANT HEREBY MADE IS HELD AND DECLARED TO BE SUBJECT TO ALL THE CONDITIONS, LIMITATIONS AND RESTRICTIONS CONTAINED IN SECTION 2386 OF THE REVISED STATUTES OF THE UNITED STATES, AS SET FORTH IN UNITED STATES PATENT RECORDED MARCH 24, 1885 IN BOOK 11 AT PAGE 162. 9. RESERVATIONS AS CONTAINED IN DEEDS FROM THE CITY OF ASPEN RECORDED MAY 18, 1887 IN BOOK 49 AT PAGE 285, RECORDED JANUARY 3, 1888 IN BOOK 59 AT PAGE 245, RECORDED JANUARY 31, 1888 IN BOOK 59 AT PAGE 330, RECORDED MAY 11, 1888 IN BOOK 59 AT PAGE 434 AND RECORDED JULY 162 1888 IN BOOK 59 AT PAGE 462. 10. TERMS, CONDITIONS AND PROVISIONS OF ORDER AND DECREE RECORDED FEBRUARY 09, 1951 IN BOOK 175 AT PAGE 472. 11. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL RECORDED NOVEMBER 30, 2012 AT RECEPTION NO. 594345. 12. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACT SHOWN ON IMPROVEMENT SURVEY DATED MAY 23, 2011, PREPARED BY SCHMUESER GORDON MEYER, JOB # 2010 - 364.002 AND RECORDED MAY 23, 2011 UNDER RECEPTION NO. 580092: Pq JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, Land Title LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, GUARANTEE COMPANY LAND TITLE INSURANCE CORPORATION AND W W W LTGC. COM OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non - public personal information ('Personal Information "). In the course of our business, we may collect Personal Information about you from: ► applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; ► your transactions with, or from the services being performed by, us, our affiliates, or others; ► a consumer reporting agency, if such information is provided to us in connection with your transaction; and ► the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non - affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: ► We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. ► We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. ► Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. ► We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION Land Title GUARANTEE COMPANY WW W. L T G C. CO M DISCLOSURE STATEMENTS Note: Pursuant to CRS 10 -11 -122, notice is hereby given that: A) The Subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30 -10 -406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3 -5 -1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed ". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10 -11 -123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10- 1- 128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. -,e A, Commitment to Insure ,.•�P�'TITl 0 V. ALTA Commitment - 2006 Rev. U * Z .. m ; OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable CD 7 consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed �0 �: Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, a upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A ft {� and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. Ail liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage ", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303 - 850 -4165 Authorized Officer or Agent ,,. It�p,� T I Tt,,Z A, 0 A .r • rn • . * 0 0 aI070 ),o � k 461- Old Republic National Title Insurance Company a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371 -1111 D— Mark Bilbrey AMERICAN President (_ANC) TITLE ASSOCIATION + TM Rande Yeager Secretary ATTACHMENT2 —LAND USE APPLICATION PROJECT: Name: 100 E. Francis Location: 100 and 108 E. Francis Street, Aspen (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2735 - 124 -19 -851 APPLICANT: Name: JAM M B, LLC Address: 601 E. Hyman Avenue, Aspen, CO 81611 Phone #: REPRESENTATIVE: Name: Jeffrey Berkus Architects, Inc. Address: 430 W. Main Street, Aspen, CO 81611 Phone #: 970.925.7017 TYPE OF APPLICATION: (please check all that apply): F-1 GMQS Exemption F-1 GMQS Allotment F-1 Special Review F-1 ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ❑ Commercial Design Review ® Residential Design Variance ❑ Conditional Use ❑ Conceptual PUD F-1 Final PUD (& PUD Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) F-1 Lot Split ❑ Lot Line Adjustment EXISTING CONDITIONS: (description of existing buildings, use approvals, etc.) Vacant lot PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Construction of 2 Residences. Update to prior RDS variance requested. EXHIBIT 2 EJ Temporary Use ❑ Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion/ Expansion ❑ Other: Have you attached the following? FEES DUE: $ 650 FX Pre - Application Conference Summary X Attachment #1, Signed Fee Agreement FXI Response to Attachment #3, Dimensional Requirements Form ❑X Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3 -D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3 -D model. Your pre - application conference summary will indicate if you must submit a 3 -D model. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: 100 E. Francis Applicant: JAM M B, LLC Location: 100 and 108 E. Francis Street, Aspen Zone District: R -6 Lot Size: 99,158 sq.ft. Lot Area: 43,409 sq.ft. (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: N/A Number of residential units: Existing: 0 Number of bedrooms: Existing: 0 Proposed: N /A Proposed: 2 Proposed: 8 Proposed % of demolition (Historic properties only): N/A DIMENSIONS: Proposed: 4 Required: 25% max. Floor Area: Existing: N/A Principal bldg. height: Existing: N/A Access. bldg. height: Existing: N/A On -Site parking: Existing: N/A % Site coverage: Existing: N/A % Open Space: Existing: N/A Front Setback: Existing: N/A Rear Setback: Existing: N/A Combined F /R: Existing: N/A Side Setback: Existing: N/A Side Setback: Existing: N/A Combined Sides: Existing: N/A Distance Between Existing Buildings Allowable: 5,860.46 Proposed: 5,8 Allowable: 25' Proposed: 25' Allowable: N/A Proposed.-MA Required: 4 Proposed: 4 Required: 25% max. Proposed: 7% Required: N/A Proposed: N/A Required: 10' Proposed: 54' Required: 10' Proposed: 71 ' Required: N/A Proposed: N/A Required: 15' Proposed: 70' Required: 15' Proposed: 85' Required: 50' Proposed: 155' N/A Required: 10' Proposed:7 Existing non - conformities or encroachments: Variations requested: MR EXHIBIT 2 EXHIBIT 3 City of Aspen Community Development Dept. 130 S. Galena Street Aspen, CO 81611 RE: 100 and 108 E. Francis Street, Aspen (PID # 2735- 124 -19 -851) Residential Design Standard Variances To whom it may concern As applicant for the above requested reviews and approvals for 100 and 108 E. Francis Street, Aspen, JAMMB, LLC hereby authorizes Jeffrey Berkus Architects, Inc. (JBA) to act as designated and authorized representatives for the preparation, submittal and processing of the application requiring Residential Design Standard Variance approvals for both residences on the site, as well as, any incidental requests or subsequent applications that may be associated therewith. JBA is also authorized to represent JAMMB, LLC in meetings with City staff, the Planning and Zoning Commission, and any other appropriate City officials. Should you have any need to contact us during the course of your review, please do so through Jeffrey Berkus Architects, Inc. 430 W. Main Street Aspen, CO 81611 970.925.7017 jeff@berkusdesign.com Yours truly, JAMMB, LLC 601 E. Hyman Ave. Aspen, CO 81611 By: Adam J. Lewis, Trustee of the Adam J. Lewis Recovable Trust U/T /A dated October 1, 1996, As Amended, its Manager EHIBIK4 CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny, 970.429.2739 DATE: 4/29/2014 PROJECT: 100 E. Francis St. REPRESENTATIVE: Stephanie Gerwin, Jeffery Berkus Architects REQUEST: Residential Design Standard (RDS) Variance — Amendment to Prior Approval DESCRIPTION: The subject property is located at 100 E. Francis St., within the R -6 zone district. In November, 2012 the applicant received an administrative Notice of Approval granting Residential Design Standard Variances to permit windows to span between the 9' -12' zone for specific areas on both the primary and secondary residence on the property. This approval is recorded at Reception No. 594345. The current proposal is an amendment to the previous approval to allow additional windows on each residence to span the 9' -12' "no- window zone ". Staff will accept an application for administrative review. The following two criteria are used in determining the appropriateness of a variance: 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. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http: / /www.aspenpitkin,com /Portals /0 /docs /City /Comdev/ Apps %20and ° /o2OFees/ 2013 %20land %20use %20app %20form.pdf Land Use Code: http: / /www.aspenpitkin.com/ Departments /Community- DevelopmenUPlanning- and- ZoningfTitle -26- Land - Use -Code/ Relevant Land Use Code Section(s): 26.306 Common Development Review Procedures 26.410.020.D Residential Design Standards Variances 26.710.040 Medium - Density Residential (R -6) Review by: Community Development Public Hearing: None Planning Fees: $650 for two (2) hours of work. If the application is required to go to the Planning and Zoning Commission for review, all time beyond two (2) hours of work will be billed at $325 an hour. Referrals: none Total Deposit: $650 To apply, submit 1 copy of the following information: ❑ Completed Land Use Application. (see link above) ❑ Signed fee agreement. (part of the land use application) ❑ Total deposit for review of the application. ❑ Pre - application Conference Summary. (this document) ❑ A written description of the proposal and graphic representation of the windows requiring an additional variance 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. 2 COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees An agreement between the City of Aspen ( "City ") and Property JAMMB, LLC, by Adam J. Lewis, Trustee of the Phone No.: c/o Jeffrey Berkus Architects, Inc. 970.925.7017 Owner ( "1 Adam J. Lewis Revocable Trust U/T /A, dated October 1, 1996, As Amended, its Manager Email: c/o jell @berkusdesign.com Address of 100 and 108 E. Francis Street, Aspen Billing JAMMB, LLC Property. (PID # 2735 - 124 -19 -851) Address: c/o Millares & Co. (subject of 500 Dixie Hwy., #201 (send bills here) Miami, FL 33146 application) understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non - refundable. $ 0 flat fee for $ 0 � flat fee for Select Dept Select Dept $ � flat fee for $ 0 flat fee for Select Dept Select Review 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. understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. have read, understood, and agree to the Land Use Review Fee Policy including consequences for non - payment. agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 650 deposit for 2 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ for n/a hours of Engineering Department staff time. Additional time above the deposit ' deposit 9 g amount will be billed at $265 per hour. City of Aspen: Chris Bendon Community Development Director City Use: 650 Fees Due: $ Received: $ Property Owner: Adam J.(Vewis Name: Trustee of the Adam J. Lewis Revocable Title: Trust U/T /A dated October 1, 1996 EXHIBIT 6 NOTICE OF APPROVAL For Two Residential Design Standard Variances at 100 E. Francis Street Parcel ID No. 2735- 124 -19 -851 APPLICANT: JAMMB, LLC REPRESENTATIVE. Mitch Haas - Haas Land Planning, LLC SUBJECT & SITE OF AMENDMENT: The Applicant is requesting three Residential Design Standard Variances for the property commonly known as 100 E. Francis St. (lengthy legal description attached as Exhibit A), related to the redevelopment of the subject parcel with two single - family residential units. All three variance requests are related the same Residential Design Standard regarding window span, discussed below. SUMMARY. The Applicant has requested three Residential Design Standard Variances related to duce different window locations - two on the primary residence and one on the secondary residence. The Applicant has requested these variances to penult three separate street - facing windows to span through the area between nine (9) and twelve (12) feet above the . finished floor. A request for these Residential Design Standard Variances are required due to the language in City of Aspen Land Use Code, Section 26.410,440 (D)(3)(a), Residential Design Standards, windows: "Street facing ulindows shall not span through the area inhere a second floor level would typically exist, which is between nine (9) and hvelve (12) feet above the finished f ,look'. For intei"ior staircases, this ineasureinent will be Made f •oni the first landing if one exists. A trarrsoln ivindow above the main entry is exempt ft•oin this standard. " 100 E. Francis is a lot with two street frontages - Garmisch St. (as it extends north as a public right -of -way, but is not a paved street) on the property's western edge,, and Francis St., which extends along the property's southern edge as a bicycle /pedestrian pathway. This standard applies to all street - facing facades of the both proposed residential structures. In order to obtain a variance, the Applicant trust meet one of two criterion per Section 26.410.020 (D) Variances of the Land Use Code: 1) Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. RECEPTION #: 594345,11130/2012 at 03:37 :39 PM1 1 OF 7, R $41.00 Doc Code APPROVAL Janice K. Vas Caudill, Pitkin County, CO 2) Be clearly necessary for reasons of fairness related to unusual site - specific constraints. STAFF EVALUATION: Staff supports two of the three proposed variance requests for the development at 100 E. Francis St., and finds that these two requests meet the criterion for Residential Design Variance, as per Section 410.020 (D)(1) of the Land Use Code. These variances are as follows: 1) Primary Residence: The Applicant has requested a variance from the aforementioned Residential Design Standard to permit windows at the location, designated as No. 1 in Figure A below, that will span 9' -12' froin the ground level. Staff feels that a Variance froth the Residential Design Standard for the glazing requirements at this location provides an architectural enhancement of a portion of the building that has been designed to benefit from full extent of glass. This is a one -story element of the building, and does not appear to represent two stories. Furthermore, this area is set back nearly eighty feet (80') from the Francis St. property line, and therefore has limited exposure to the public way as the structure is experienced from the Francis St. right -of -way. Staff finds application to meet criterion no. 1 for a Variance at this location. t .. I ` - r.i %'� r. r r �', /� c. R. ;%<_,c •rN K� ,� rs"� <i• ! /-� -✓ r� Y� � � ;j: F \ � 1"' by "irk(,: aY'.y C�t� .t � <:K {1.),..r.� .. i• : i�i�c: �� %�:� �'� + /x'.,• FF j• ��!y., l: %::' L!�V.v .f.;�J �s '•{ „ :./'��I<1�...:J•�../rf l�` �Y'i'��'. ^��v� �y <�`:l <.., wn%. ✓ �`.s hs-;��e.. ., c °' ~ ����4� .w /7$)^fKV ice. r"`•,t /_� ,/�� f .. ! j J r -. ._._ ... ._ � .'__-�_ —'_'� J .''<�> _ J J. '� �f�. 1 � �r n.r y' � ,. ti; %r ^a :; •�` = /'r. „ r I. _ 1 I I � � > >5 .F Lr. i .!< A.��=�'r +:% >, <7+:. S��• i!` /` `✓�. J • Is rJ t . _ J • i j r ',r,/ � ✓ C.+!�. L .,f- v? y l� Ji. � c./ �- -.. ~ ~"' c f . f �j` 4 � if ^, ; � •f `..% �K ., i 1 � � � �� ��) v • � � f • ! � I Jt�. tom' _. < - _- Y-- _?- ._ - + -. J f v - = .- `��� - �. -.� Y _� ..l ! t t �•..� �•f.; � .yam. �"` .�,� >' :f�T- r-. I - I f � - -� r • �• f •• a • "< f : • • J • $ 9CTI N .'q', PAW 20 _ . , SECTION 'C` PIAR# 2e �t _ •, . , _ 1 • S .f / � Figure A: Site plan depicting area on the primacy residence of the first and second Residential Design Variance requests. N 2) Primary Residence: The Applicant has requested a variance from the aforementioned Residential Design Standard to permit windows at the location designated as No. 2 in Figure A above that will span 9' -12' froin the ground level. Staff does not support a variance request for this location. Rather than a single window that serves as an architectural feature, this area contains multiple windows that span an entire length of wall. The building at this location can be perceived to be a two -story structure with windows spanning between the floors. Staff does not find that the architecture in this location of the building to be unpaired by following the Residential Design Standard, and does not feel that the application meets either variance criterion at this location. 3) Secondary Residence: The Applicant has requested a variance from the aforementioned Residential Design Standard to permit windows at the location, designated as No. 3 in Figure B below, that will span 9'-12' from the ground level. Staff feels that this request meets the criterion in a number of ways. This area complements the architecture found on the primary residence at the location of the first variance request, therefore providing a similar architectural vernacular within the proposed buildings on the site. Permitting glazing between the areas of 9' -12' here provides an architectural enhancement of this portion of the building that has been designed to benefit from full extent of glass. This is a one -story element of the building, and does not appear to represent two stories. Furthermore, the secondary residence is set back significantly from the Francis St. property line by approximately 220'. Although the Gannisch St. right- of-way borders the western portion of the property, this is an atypical public way, in that it exists primarily as a requirement of the City's Fire Protection District to access the back portion of this and the neighboring parcel. This is an unpaved right -of- way that extends from the intersection of Francis and Garmisch Streets, and is not a through street, Thus, this building has virtually no exposure to the public way. Staff finds that the Applicant has met the criterion no. 1 for requesting a variance from the applicable Residential Design Standard at this location. Figure B: Site plan depicting area on the secondary residence of third Residential Design Variance request. 3 DECISION: The Community Development Director finds two of the requested variances (designated as No. 1 in Figure A, above, and No. 3 in Figure B, above) from this Residential Design Standard to permit windows to span between 9' and 12', as measured from the finished floor, to be consistent with the review criteria (Exhibit C) and thereby, APPROVES the variances as specified below. The Community Development Director finds one of the requests for a variance from this Residential Design Standard to be inconsistent with the review criteria for this type of request, and denies approval at this location (designated as No. 2 in Figure A., above), The approved variances to 100 E. Francis St. allows for the construction of two areas of window at the locations depicted as areas No. 1 on Figure A, above, and No. 3 on Figure B, above, to span between 9' and 12' as measured from finished grade. APPROVED BY; -0 Aa Chris 8eddon Community Development Director Attachments; Exhibit A — Legal Description Exhibit B — Site Plan & Elevations Exhibit C — Review Standards Exhibit D -- Application Date a ---Wtz-'A Exhibit A Legal Description of Subject Site A parcel of land known as the Given Parcel being dese,xihed at Reception #499350 togedler with ft parcel being deschbed at Rec eption #405579 In the retards of the Clerk and Recorder of pitUn county, all being in the City of Aspen being more partiaalaxly described as follows: All of Block 63, part of.pratids S Ot and part of Center Street as sliowjl bh the City and Townaite of Aspen Map; a portion of the Nw114SW114 cif Seciion 7, T. 10 S., R. 84 W. and a portion of the NE174SH114 of Section 12, T.10 S., R. 85 W. all is the 6th B.M.; Beghm ng at a point oit the north Idle of said praiwis Street and 2.4.40 feet easterly of the west Him of said Center Street also known as Garnet nh Street, Kom which the East 1/4 corner of sapid Section 7 bears NOS DEGREW 54'19T E a distance of 926.25 fcet, with all bearings being relative to X114 DEGREES 50'49"13 along the centerfine of (Wallach Street; thence N14 DEGREES 50'49 "H a tlista = of 121,59 feet; thence N33 DEGREES 03'19 "E .a distancc of 42.21 Meet; thence N07 DEGRMS 19'05' B a distance of 112.35 feet; thence S70 DJ30REES 18'15T E a distance of 239.94 to the southwest corner of the vacated. piIrcel described at Reception #405579 (Ordhianc:e #13, Serfes of 1997, City of Aspen); thence along the boundary of said vacated parcel dio ,following four (4) courses NO2 DEGRMS 00'00" a distance 18.56 feet; they eu S72 M RaBS 181o8 11E a distance of 44.16 Feet;. thence S79 DEGREES 11'00" E a distauce of 7.90 feet; thence S15 DEGR S 15'22`V a distance of 20.06 feet to the northeast comer of that pa=l of land de, t; "bed at said Reception #499350; theme S06 I)BORBES 18`51 "W a distance of 103.11 feet; Iftilce SIS DBGRERS 12'00 V a distamc of 108,73 feet; thence 909 DEGREES 25121 TAE a distance of 52.10 feet; thence S23 DEGREES 21'00T a distatiw of 83.49 feet to southerly line of Francis Street extended easterly; Whence N75 D GR ES 09kJJ %W along the north line of 131ock- 64, City and Townsite of Aspen, a distance of 288.99 feet to the xiaxdlwcst corner of said Block 64; thence N30 DEGREES 59 `37 OW a dlstanc;e of 107,34 feet to the, Point of beginning. County of pith -u. State of Colorado. 0 0, 40V \ .w� to ko Ir ~1/ Tz- set W 91 lo CI Site Plan if IL 0, 40V \ .w� to ko Ir ~1/ Tz- set W 91 lo CI Site Plan RESIDENCE 1; STREET ELEVATION. $OUTH %GyK sw. �Y ,�R£SIDENCE 1::&TRF T s=LfVATION - SOUTHWEST tuu YRII-110 r,RESICENICE 2 STREET ELEVATION[ . SOUTH RESIDENCE_1- STREET _E.EVAT1ON • wEST `/ �iuii Pig. a i RESI DENCE 2 SIDE ELEVATION - MST Exhibit B -2 Building Elevations Areas granted variance in yellow. EXHIBIT 7 X-- -x`x -_ _ o E x-1-_X __ .. _ S72�18'08'E X4, 1F' sag•11 oT Improvement Sur ve y Pla t :: ...... ......... . 1. ... . ....... 1.1 54 ::.:...... ASPEN C£7✓IE1� FOR Ehib1 EniTk STZ&E ©XPt/�P Y'X-� -�_ "- 12' ,. ,. 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Tw Fd Re GOP 16"-16'f ,r 1 U "- 14 ' I - Larger Rock Boulder IIIeQ B �� / 42 " -40' 8" 12' - Tree - Deciduous (diom- canoPY) P � / C p - Tree - Evergreen (diom - canopy) ,� 1 ( \ 4 -8 ® - Tree - Evergreen(conopy drawn to scale) �e \ o � 1 �Q rt /( eta 16" 16' Q J Co -c---- Underground v _ � �� ue Underground Electric Line Lir 10 l Go 6 "- 12' a o . v x Fenceline 11 Rebof `� 6 - 14 Op v U ~� ( V� ur Underground telephone Fd 84 I e 30 "- 36 \ ti �� Q 1 0 * �. 14 „_20' `o' � � �, " Q� c Gas Line 1 9 ..LS.. 1 '88.7. 4D 1 O Q ss Sanitary Sewer Line 30'130' `b 10'- 15' Q �t e Woter Line 12 „- 16' 18» -20' . 10 "- 15 14 "- 18' \ .. ... � � . �. I � : � � '. : � . : :. : : I ' - . � ( RD � I '. I.. I sr Storm Drain Lines - Grovel E�sti :� -40' I a % 36'- 3q 915a G• } 1. _ _ T - - - - r I 1 2 20'- 18' ^_�' Paved rood _ n' -- 32 36 \ x -- a LG I _� . I - - - -- -- - FRPN E WY ( - 1. I I GIs L I .. ___ ----- -- - - - - -- -- - -- I I p W NGRPG 3313) 0' -20' I 32' " -32' - -fir lei 4 8' 1P 5 PNG fL :� I� e cap I 54 T GROVE, I ` X I 1 ( \ 5 140 I.. ack Reber & Puppy' Sm.th Street Vocation I GNU � 8 30 5e Fd 18 1 tb G °I I �t ► I \ ;gIU •. LS 9° 902.62 Sq ft. 1 �J� I o 15. o ' ;n x I I I 1 � I r `� I 1 I I 01 I z "4oI r_� 1 °fl• Q% V , 1 I I I 1 v , I N� I I I I I I v :f ` f;'j grave/ parking area \ ° ?�- ' O �_ Franc /'s & Gormrsch Street I � _\�� N i 26 -0' 40 " -50' \ (f. k. a. Center Street) 1. 9 t' o' I 126 30' , ted trams \ . j DeededoStreet RArea 3365.3 sq. ft. % I I o GPS�E� \ I '��t 1 I �a 1 `X , re, o°° \ \� Book 16 Poge 534 _1576. 1;66 I �,� I �6 i` 1 �4 2 ddad es \ 1. I 1 8 e'" ,2 r c drip Gr 2061 : �, I , e '36" 36' 1 \ g I I 4n1 J P -. Ex. isGote 0 S - #RF + II I _ i _ _ �- lad �, ..r . •.- planter - a: � N30'S9' i �'�,\` -' 1. -I - - to GPS,2y"W 1 107. 34' Sz oo_, e Tic N20'2250 64' 's ;`{ 28 " -2�' ,� 36 "- 20' l2 "- 15 \ .1: i - -- - gravel \ ; _� --W �- e ravel - - -7_� - _ . =-- -- ss Son Mr+ 87.8 \ l W i %,, _ `edge .Pavement SS___Y -.s, Storm wH s R;r�. �/ �k 10'- 15 ...... SS >ea '�-' x6'' - - - -- - 10 "- p5 O & 7R c a rt - -- . -T r - 1 on _ $ _ t Gap e x .� � V - 3 r a 'R s: _ d S e f 0 -1 sr �+ b 0 11 j,� IS �? .� ST . c L. r rn n y -- o - f o e s o - t } s P09 - .0 _ D• W - E � 1 `R ��, i 4. 3 2 0' � 2' . . 4' -22' } c� 2 - - d �- , $ st �'3 s o 0 0o T 30 ' 34 _ - 8.;'- 12 " r - -ec �-s - ' - - n V�' ET } ! tt Q9.. 8 o o _-- , , o \ - x _ � s ' O- ��F de � - G UT �E�` cf- < �r> e - G C C 01 T T , T o . _ es l� Go - „ uT ... C " L _ - r , alt - - UT. _--- C _ -- - Pd9_ ..:... _. P c t d T- _ O V alt - g• avernen ;:. 9� t. S �{ u _ w k f nth- .a�Pb •- . J __ at 75 l _.._ -edge P _ .. ST o , ,e ' UT __ 80 . - 5� - c�s=- 26,?_' N pg 11 - ___ c __ s vft o�P. pN e� i rove! - • - SS_. _ _..__ _-_- __•.. �-______ g a ? ut• --I� - t - ` .. ` 5a.,� b n r- UT U C r - -- _ e UT - _ - - SS U S7 m�j 14P S f2 -, - �. _ - "'"" < ._ ^ .1 _ - --.� = 7891.7' gravel - , /,;7, n + ' Ri' � S Fd bl2 G P UT _� - -UT V �- �_C 1 ,. F l r ^' _ _____ �_.. s� 55 - - SS N Rim 11 Pih >v vPf 57 IIle9' e - f:: V 9SPiro t' _� -._ °_. ss -�� 55 I /evert = 7872.2' %� 860 s �► c c {fl. - - -- -_'- .._ ..... ss 5 -sr �- 8� Sj , ' . l C---� C _ - - 0 ,V ,..:, - __ _ SS._ -- . -SST 57 -y 5T voi - If<'�a/ o' �' . \� j "'� f�1 'I z� - _!__ - Ste- ss___ � -L-ST -ST 1 ti1H A -5 C/ w ` _ �Ut` uT `bike. Po. S s - -s7 -sT I -. -- -_ a - Su ye °rem o \ ur _ as haft -- r . _ - - SS S SST �s71 . -- -- Rim 7891.3 T ryol 1 t r. I �\, - I . ' , ' SS p - -_ - --- SS- _ --- -ST D3 _ - -T' I not h so rye'ryi \UT�� , '!� i } sr , -__-- 5 --- . SS ST �� I. _ -- - - -- _ tnve�' = 7`871.3 -- o _ - 1 a I L > r -I - -- - -- ---- - - - - -- Id9 - - - -- -- -- -- - -- "e fe SZ ST b t - -- -- r been r�PS �� T� SS _ - -ST -. -� - - --- ----- e g P v Z) I Block 561 s ieJ `_ ' ' ' ` t ` , ' ' ' I ?T I : - - -- - -- - -- - -- -- - - - - - -- - - - - -- - -- I 1 I i � � d e ° 1 I - - - - -- - - - - - -- -- - - -- -Blzi ck IN W \1,' G , k I - - --- - - -- - - -- i - - -- edge Pavement I SFEN ANN ST AS�EN I f:_ -- -- \ [T 1 I I I 1 \ '� , .... L l i•IT I GITYI OF A 5 GALENA c I I ( 0 JQ I Oroin In /et 8- n \ I P 6�> 1 I P 130 CO I I 1 0� �\ Rim 7888, 37' ' , I k x •�"f. t - \ ` , q? 1 I DE I I I GREG ��� �� I 3s- Inv East 78773' , ,' C. ,' ;" �o����� (b I I I I I I 1 30" Inv North 78773' It �+ t 4' 't // ET 1 I y I I �0��,0Y� �4 6a 1 12' Inv W 78832' ,, x, . t"i, Y, *`,=' � 9-`i ..... I I I I I I I I a I I 36" Inv South 78,78.1' I I I o�P , I I I } ' , , . =c 100 �' Fran els Aspen, Colora do Prgperty Description: A parcel of land being described at Reception 1499350 together with a parcel being described at Reception /405579 in the records of the Clerk and Recorder of Pitkin County, all being in the City of Aspen being more particularly described as follows: All of Block 63, part of Francis Street and part of Center Street as shown on the City and Townsite of Aspen Map; a portion of the NWYSWY of Section 7, T. 10 S., R. 84 W. and a portion of the NE1 /4SE1 /4 of Section 12, T.10 S., R. 85 W. all in the 6th P.M.; Beginning at a point on the north line of said Francis Street and 24.00 feet easterly of the west line of said Center Street also known as Gormisch Street, from which the Eostl /4 corner of said Section 7 bears N08.54'19 "E a distance of 926.25 feet, with all bearings being relative to N14.50'49 "E along the centerline of Garmisch Street; thence N14.50'49 "E a distance of 121.59 feet; thence N33'03'19 "E a distance of 42.21 feet; thence N0719'05"E a distance of 112.35 feet; thence S7018'15'E a distance of 239.94 feet to the southwest comer of the vacated parcel described at Reception /405579 (Ordinance /13, Series of 1997, City of Aspen); thence along the boundary of said vacated parcel the following four (4) courses NO2.00'00 "W a distance 18.56 feet; thence S7218'08 "E a distance of 44.16 feet; thence S7911'00 "E a distance of 7.90 feet; thence 51515'22 "W a distance of 20.06 feet to the northeast comer of that parcel of land described at said Reception /499350; thence 50618'51 "W a distance of 103.11 feet; thence 51812'00 "W a distance of 108.73 feet; thence S09.25.21 "E a distance of 52.10 feet; thence S23'21'00 "E a distance of 83.49 feet to southerly line of Francis Street extended easterly, Thence N75'09'11 "W along the north line of Block 64, City and Townsite of Aspen, a distance of 288.99 feet to the northwest corner of said Block 64; thence N30'59'37 "W a distance of 107.34 feet to the point of beginning containing 2.276 acres more or less. NOTES: 1. BASIS OF BEARINGS: BEARINGS SHOWN HEREON ARE RELATIVE TO A BEARING OF S.7018'151. ALONG THE NORTHEASTERLY LINE OF LOT A, BOTH ENDS OF SAID LINE BEING MONUMENTED WITH A REBAR AND CAP, LS / 20133. 2, DATE OF FIELD SURVEY: MAY, 2010 THRU JULY, 2012. 3. THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY THIS SURVEYOR TO DETERMINE OWNERSHIP OR TO DISCOVER EASEMENTS OR OTHER ENCUMBRANCES OF RECORD. ALL INFORMATION PERTAINING TO OWNERSHIP, EASEMENTS OR OTHER ENCUMBRANCES OF RECORD HAVE BEEN TAKEN FROM THE TITLE COMMITMENT PREPARED BY LAND TITLE GUARANTEE COMPANY, ORDER NO. ABD62003932, DATED EFFECTIVE MAY 25, 2011, SAID TITLE COMMITMENT INDICATES THERE ARE NO EASEMENTS OF RECORD AFFECTING THIS PROPERTY. 4. THE ONE -FOOT CONTOURS AND ELEVATIONS SHOWN HEREON ARE RELATIVE TO NAVD 88 DATUM AND AN ELEVATION OF 7888.00' AT MONUMENT MARKED GPS -8, CITY OF ASPEN - GPS CONTROL. 5 THIS SURVEY HAS BEEN PREPARED PER CLIENT REQUEST FOR IMPROVEMENT SURVEY PLAT. 6. UNITS OF LINEAR MEASUREMENTS ARE DISPLAYED IN US SURVEY FEET. 7. THE POSITIONAL TOLERANCE OF THE FOUND MONUMENTS FOR THIS SURVEY IS LESS THAN 1:15,000 B. FENCES SHOWN HEREON ARE FOR REFERENCE ONLY AND DO NOT NECESSARILY INDICATE LIMITS OF OWNERSHIP. 9. THIS PROPERTY MAY BE SUBJECT TO APPARENT EASEMENTS FOR EXISTING UTILITIES. 10. SGM WILL NOT BE RESPONSIBLE FOR ANY CHANGES MADE TO THIS DOCUMENT AFTER IT LEAVES OUR POSSESSION. ANY COPY, FACSIMILE, ETC., OF THIS DOCUMENT MUST BE COMPARED TO THE ORIGINAL SIGNED, SEALED AND DATED DOCUMENT TO INSURE THE ACCURACY OF THE INFORMATION SHOWN ON ANY SUCH COPY, AND TO INSURE THAT NO SUCH CHANGES HAVE BEEN MADE. 11. CONNECTING LINES FOR SOME UNDERGROUND STORM AND SANITARY LINES WERE NOT MARKED ON THE GROUND AND HAVE BEEN SHOWN BASED ON MAPS PROVIDED BY CITY STREET DEPARTMENT AND THE ASPEN CONSOLIDATED SANITATION DISTRICT. 12. ANY SUBSURFACE UTILITIES NOT SHOWN HEREON WERE NOT MARKED BY APPROPRIATE UTILITY COMPANIES AT THE TIME OF THIS SURVEY. CLIENT /CONTRACTOR MUST CONTACT SPECIFIC UTILITY COMPANIES TO VERIFY BOTH THE LOCATION AND DEPTH OF RESPECTIVE UTILITIES. ADDITIONAL SURVEYING WORK MAY BE REQUIRED TO SHOW ANY SUCH SUBSURFACE UTILITY LOCATIONS ON THIS DRAWING. SGM WILL NOT BE RESPONSIBLE FOR PROTECTION OF SUBSURFACE UTILITIES NOT MARKED ON THE GROUND AT THE TIME OF THIS SURVEY. 13. BASED SOLELY UPON THE FLOOD INSURANCE RATE MAP ( COMMUNITY PANEL NO. 08097CO203 C DATED JUNE 4, 1987, PREPARED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE SUBJECT PROPERTY IS DESIGNATED AS BEING SITUATED IN ZONE X "AREAS DETERMINED TO BE OUTSIDE 500 -YEAR FLOOD PLAIN ". 14. BASED SOLELY UPON FIGURE ES -5 OF THE 2001 SURFACE DRAINAGE MASTER PLAN, THIS PROPERTY IS NOT SITUATED WITHIN ANY OF THE POTENTIAL GEOLOGIC HAZARDS AREAS DEPICTED THEREON, Surveyor's Certificate: I, David A. Cooper, being a registered Professional Land Surveyor, licensed in the State of Colorado, do hereby that this is an Improvement Survey Plat as defined by CRS 38 -51- 102(9), resulting from a monumented land survey, showing the current location of all significant visible structures, utilities, fences, hedges, or walls situated on the described parcel and within five feet of all boundaries of such parcel, and also any visible conflicting boundary evidence or encroachments, and all easements and rights -of -way of a public or private nature that are visible, or apparent, or of record, and underground utilities described in or other sources as specified in the title commitment referenced hereon, and that this Improvement Survey Plat was prepared by SGM, on this dote, April 8, 2014, based on site V 5 conditions as they existed during David A. Cooper �1 � . a field survey most recently Colo. Reg. P.L.S. # 29030 , °� �t performed on November 1, 2013, under my direct supervision and For, and on /� checking and that it is true and behalf of SGM �i correct to the best of my knowledge and belief. 8 I t 1 Notice: According to Colorado Low, you must commence any /ego/ action based upon any defect in this o survey within three years after you first discover such defect In no event may any legal action N based upon any defect in this survey be p commenced more than ten years from the date of the certification shown hereon. Fnd HL, , 4p, 9� 1, a's Gor, ed 19 1 / 1 date � � ��p 6� E e 1""'55 12 ,o 011" , a �0 11415 ,10101 1 0 20' 40' 1 1 1 9 20 13 doc 2 odd setbacks, update mop to reflect removed trues(per 2011 permit) 9/30/1) doc I I I I I I I I I I I I I I I I I I II I �� ��-!� 11"' II 1 I I I 1 I , I I I � I I I I I � I I I II I I 11 I I I I I II I I I I L- _�_- L -___J - - --- - 'L 11/12/13 EXHIBIT 7 X-- -x`x -_ _ o E x-1-_X __ .. _ S72�18'08'E X4, 1F' sag•11 oT Improvement Sur ve y Pla t :: ...... ......... . 1. ... . ....... 1.1 54 ::.:...... ASPEN C£7✓IE1� FOR Ehib1 EniTk STZ&E ©XPt/�P Y'X-� -�_ "- 12' ,. ,. X.. 0 ...... �� " ••.. a 5�ttlTN 7 x O S>70 18 15 �Ba /s of Beann.gs} _f .co: a�611... - �__ - LEGEND - _ _ . . ...- ... face :: 3 Nf)2 "�Q,f)�' „w O -Found Monument as Described 9.94 ..... at _ - 1 O FoudRebar� p L X2033 • alt :.......:....... a► e!!............, ...,..........,,,,.,......,.... ......:. ... :..:. .......8:56' .. S 15 5 ?2 • n Co S 1 11 .. - r Transformer �e °( Fepk 1 . tev 18!g ... :•......:....: 2 ❑ET Electrcc Tronsf .. .:..,. f - . ..... .... ........ .. r b e. k, .,,.GrvQ. .G „Grou met d ................. ® - Electric Meter _ _ . at ...::at.Co.... .. ev .,781}1. ' . ....d e1 EP - Electric Pane/ .,,. ,... .. .... „ - .,( .Qu^� 7�� .... 6ipun .e :�AdF'... ..... - Electric Manhole 1. orn� ..... . - - .......... :::........... .......,,,... ..:. 6 * - Light Pole c .... - •- Utility Pole ';4 d e . v ... ...... ,?885 ��� off. . .... _ _ is �e back .::::.::::...:.:.: ...... O Telephone Ped 30 -30'' e, het . ... .... .. ..... T�... 5 r-1 . :: u f . ..... ...6: 14 o . : : :: D0 - c Telephone Manhole 1 �ef-011 N C,° 0� ,. � C`A Water valve d 2 N • - r Hydrant .. ••o0tl `7� j� oo . : V� ire Hyd t / `e1 con ' 1 „ 12 , 8 - oter Meter �.. ot. � - ' r Manhole .. ........... v �., i i `_ ® Water f AA�� d ele �k Tvl � k,_ - - - -� 11 Gro'ed9e 886.1 \ -- Water p g t ., 8 S i o o \ 1 ] r' �' 14 " -28 ' 72 - PVC pipe a t 8 „- 10 a P P j - Irrigation Cont. Valve N CD 1 _ rK 11. ,,,,ter 8 ' -- 14' 6 "- 12' O - Sondory Sewer Manhole cr : �E PI0 I o ® - C/eonout % <,t T,'2� f,� 0' ��(OrC1�� ,e') 8 -12 (Daub /e trunk) / , 6 "_ 12' CLIP W -Cos Meter Pk k �.I 14 "- 1.4 ' bar & D4 - Gas Valve 78 8 901 8 Q -Gos Marker 1881.7'.. 1 LS © - C4 TV Pedestal ��115 "- 2G' - Drain 30 " -28' ® D o' . c�*� � - Sign - Single Pole on bar &�� �s87 1 0 8 .. 5' . Tw Fd Re GOP 16"-16'f ,r 1 U "- 14 ' I - Larger Rock Boulder IIIeQ B �� / 42 " -40' 8" 12' - Tree - Deciduous (diom- canoPY) P � / C p - Tree - Evergreen (diom - canopy) ,� 1 ( \ 4 -8 ® - Tree - Evergreen(conopy drawn to scale) �e \ o � 1 �Q rt /( eta 16" 16' Q J Co -c---- Underground v _ � �� ue Underground Electric Line Lir 10 l Go 6 "- 12' a o . v x Fenceline 11 Rebof `� 6 - 14 Op v U ~� ( V� ur Underground telephone Fd 84 I e 30 "- 36 \ ti �� Q 1 0 * �. 14 „_20' `o' � � �, " Q� c Gas Line 1 9 ..LS.. 1 '88.7. 4D 1 O Q ss Sanitary Sewer Line 30'130' `b 10'- 15' Q �t e Woter Line 12 „- 16' 18» -20' . 10 "- 15 14 "- 18' \ .. ... � � . �. I � : � � '. : � . : :. : : I ' - . � ( RD � I '. I.. I sr Storm Drain Lines - Grovel E�sti :� -40' I a % 36'- 3q 915a G• } 1. _ _ T - - - - r I 1 2 20'- 18' ^_�' Paved rood _ n' -- 32 36 \ x -- a LG I _� . I - - - -- -- - FRPN E WY ( - 1. I I GIs L I .. ___ ----- -- - - - - -- -- - -- I I p W NGRPG 3313) 0' -20' I 32' " -32' - -fir lei 4 8' 1P 5 PNG fL :� I� e cap I 54 T GROVE, I ` X I 1 ( \ 5 140 I.. ack Reber & Puppy' Sm.th Street Vocation I GNU � 8 30 5e Fd 18 1 tb G °I I �t ► I \ ;gIU •. LS 9° 902.62 Sq ft. 1 �J� I o 15. o ' ;n x I I I 1 � I r `� I 1 I I 01 I z "4oI r_� 1 °fl• Q% V , 1 I I I 1 v , I N� I I I I I I v :f ` f;'j grave/ parking area \ ° ?�- ' O �_ Franc /'s & Gormrsch Street I � _\�� N i 26 -0' 40 " -50' \ (f. k. a. Center Street) 1. 9 t' o' I 126 30' , ted trams \ . j DeededoStreet RArea 3365.3 sq. ft. % I I o GPS�E� \ I '��t 1 I �a 1 `X , re, o°° \ \� Book 16 Poge 534 _1576. 1;66 I �,� I �6 i` 1 �4 2 ddad es \ 1. I 1 8 e'" ,2 r c drip Gr 2061 : �, I , e '36" 36' 1 \ g I I 4n1 J P -. Ex. isGote 0 S - #RF + II I _ i _ _ �- lad �, ..r . •.- planter - a: � N30'S9' i �'�,\` -' 1. -I - - to GPS,2y"W 1 107. 34' Sz oo_, e Tic N20'2250 64' 's ;`{ 28 " -2�' ,� 36 "- 20' l2 "- 15 \ .1: i - -- - gravel \ ; _� --W �- e ravel - - -7_� - _ . =-- -- ss Son Mr+ 87.8 \ l W i %,, _ `edge .Pavement SS___Y -.s, Storm wH s R;r�. �/ �k 10'- 15 ...... SS >ea '�-' x6'' - - - -- - 10 "- p5 O & 7R c a rt - -- . -T r - 1 on _ $ _ t Gap e x .� � V - 3 r a 'R s: _ d S e f 0 -1 sr �+ b 0 11 j,� IS �? .� ST . c L. r rn n y -- o - f o e s o - t } s P09 - .0 _ D• W - E � 1 `R ��, i 4. 3 2 0' � 2' . . 4' -22' } c� 2 - - d �- , $ st �'3 s o 0 0o T 30 ' 34 _ - 8.;'- 12 " r - -ec �-s - ' - - n V�' ET } ! tt Q9.. 8 o o _-- , , o \ - x _ � s ' O- ��F de � - G UT �E�` cf- < �r> e - G C C 01 T T , T o . _ es l� Go - „ uT ... C " L _ - r , alt - - UT. _--- C _ -- - Pd9_ ..:... _. P c t d T- _ O V alt - g• avernen ;:. 9� t. S �{ u _ w k f nth- .a�Pb •- . J __ at 75 l _.._ -edge P _ .. ST o , ,e ' UT __ 80 . - 5� - c�s=- 26,?_' N pg 11 - ___ c __ s vft o�P. pN e� i rove! - • - SS_. _ _..__ _-_- __•.. �-______ g a ? ut• --I� - t - ` .. ` 5a.,� b n r- UT U C r - -- _ e UT - _ - - SS U S7 m�j 14P S f2 -, - �. _ - "'"" < ._ ^ .1 _ - --.� = 7891.7' gravel - , /,;7, n + ' Ri' � S Fd bl2 G P UT _� - -UT V �- �_C 1 ,. F l r ^' _ _____ �_.. s� 55 - - SS N Rim 11 Pih >v vPf 57 IIle9' e - f:: V 9SPiro t' _� -._ °_. ss -�� 55 I /evert = 7872.2' %� 860 s �► c c {fl. - - -- -_'- .._ ..... ss 5 -sr �- 8� Sj , ' . l C---� C _ - - 0 ,V ,..:, - __ _ SS._ -- . -SST 57 -y 5T voi - If<'�a/ o' �' . \� j "'� f�1 'I z� - _!__ - Ste- ss___ � -L-ST -ST 1 ti1H A -5 C/ w ` _ �Ut` uT `bike. Po. S s - -s7 -sT I -. -- -_ a - Su ye °rem o \ ur _ as haft -- r . _ - - SS S SST �s71 . -- -- Rim 7891.3 T ryol 1 t r. I �\, - I . ' , ' SS p - -_ - --- SS- _ --- -ST D3 _ - -T' I not h so rye'ryi \UT�� , '!� i } sr , -__-- 5 --- . SS ST �� I. _ -- - - -- _ tnve�' = 7`871.3 -- o _ - 1 a I L > r -I - -- - -- ---- - - - - -- Id9 - - - -- -- -- -- - -- "e fe SZ ST b t - -- -- r been r�PS �� T� SS _ - -ST -. -� - - --- ----- e g P v Z) I Block 561 s ieJ `_ ' ' ' ` t ` , ' ' ' I ?T I : - - -- - -- - -- - -- -- - - - - - -- - - - - -- - -- I 1 I i � � d e ° 1 I - - - - -- - - - - - -- -- - - -- -Blzi ck IN W \1,' G , k I - - --- - - -- - - -- i - - -- edge Pavement I SFEN ANN ST AS�EN I f:_ -- -- \ [T 1 I I I 1 \ '� , .... L l i•IT I GITYI OF A 5 GALENA c I I ( 0 JQ I Oroin In /et 8- n \ I P 6�> 1 I P 130 CO I I 1 0� �\ Rim 7888, 37' ' , I k x •�"f. t - \ ` , q? 1 I DE I I I GREG ��� �� I 3s- Inv East 78773' , ,' C. ,' ;" �o����� (b I I I I I I 1 30" Inv North 78773' It �+ t 4' 't // ET 1 I y I I �0��,0Y� �4 6a 1 12' Inv W 78832' ,, x, . t"i, Y, *`,=' � 9-`i ..... I I I I I I I I a I I 36" Inv South 78,78.1' I I I o�P , I I I } ' , , . =c 100 �' Fran els Aspen, Colora do Prgperty Description: A parcel of land being described at Reception 1499350 together with a parcel being described at Reception /405579 in the records of the Clerk and Recorder of Pitkin County, all being in the City of Aspen being more particularly described as follows: All of Block 63, part of Francis Street and part of Center Street as shown on the City and Townsite of Aspen Map; a portion of the NWYSWY of Section 7, T. 10 S., R. 84 W. and a portion of the NE1 /4SE1 /4 of Section 12, T.10 S., R. 85 W. all in the 6th P.M.; Beginning at a point on the north line of said Francis Street and 24.00 feet easterly of the west line of said Center Street also known as Gormisch Street, from which the Eostl /4 corner of said Section 7 bears N08.54'19 "E a distance of 926.25 feet, with all bearings being relative to N14.50'49 "E along the centerline of Garmisch Street; thence N14.50'49 "E a distance of 121.59 feet; thence N33'03'19 "E a distance of 42.21 feet; thence N0719'05"E a distance of 112.35 feet; thence S7018'15'E a distance of 239.94 feet to the southwest comer of the vacated parcel described at Reception /405579 (Ordinance /13, Series of 1997, City of Aspen); thence along the boundary of said vacated parcel the following four (4) courses NO2.00'00 "W a distance 18.56 feet; thence S7218'08 "E a distance of 44.16 feet; thence S7911'00 "E a distance of 7.90 feet; thence 51515'22 "W a distance of 20.06 feet to the northeast comer of that parcel of land described at said Reception /499350; thence 50618'51 "W a distance of 103.11 feet; thence 51812'00 "W a distance of 108.73 feet; thence S09.25.21 "E a distance of 52.10 feet; thence S23'21'00 "E a distance of 83.49 feet to southerly line of Francis Street extended easterly, Thence N75'09'11 "W along the north line of Block 64, City and Townsite of Aspen, a distance of 288.99 feet to the northwest corner of said Block 64; thence N30'59'37 "W a distance of 107.34 feet to the point of beginning containing 2.276 acres more or less. NOTES: 1. BASIS OF BEARINGS: BEARINGS SHOWN HEREON ARE RELATIVE TO A BEARING OF S.7018'151. ALONG THE NORTHEASTERLY LINE OF LOT A, BOTH ENDS OF SAID LINE BEING MONUMENTED WITH A REBAR AND CAP, LS / 20133. 2, DATE OF FIELD SURVEY: MAY, 2010 THRU JULY, 2012. 3. THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY THIS SURVEYOR TO DETERMINE OWNERSHIP OR TO DISCOVER EASEMENTS OR OTHER ENCUMBRANCES OF RECORD. ALL INFORMATION PERTAINING TO OWNERSHIP, EASEMENTS OR OTHER ENCUMBRANCES OF RECORD HAVE BEEN TAKEN FROM THE TITLE COMMITMENT PREPARED BY LAND TITLE GUARANTEE COMPANY, ORDER NO. ABD62003932, DATED EFFECTIVE MAY 25, 2011, SAID TITLE COMMITMENT INDICATES THERE ARE NO EASEMENTS OF RECORD AFFECTING THIS PROPERTY. 4. THE ONE -FOOT CONTOURS AND ELEVATIONS SHOWN HEREON ARE RELATIVE TO NAVD 88 DATUM AND AN ELEVATION OF 7888.00' AT MONUMENT MARKED GPS -8, CITY OF ASPEN - GPS CONTROL. 5 THIS SURVEY HAS BEEN PREPARED PER CLIENT REQUEST FOR IMPROVEMENT SURVEY PLAT. 6. UNITS OF LINEAR MEASUREMENTS ARE DISPLAYED IN US SURVEY FEET. 7. THE POSITIONAL TOLERANCE OF THE FOUND MONUMENTS FOR THIS SURVEY IS LESS THAN 1:15,000 B. FENCES SHOWN HEREON ARE FOR REFERENCE ONLY AND DO NOT NECESSARILY INDICATE LIMITS OF OWNERSHIP. 9. THIS PROPERTY MAY BE SUBJECT TO APPARENT EASEMENTS FOR EXISTING UTILITIES. 10. SGM WILL NOT BE RESPONSIBLE FOR ANY CHANGES MADE TO THIS DOCUMENT AFTER IT LEAVES OUR POSSESSION. ANY COPY, FACSIMILE, ETC., OF THIS DOCUMENT MUST BE COMPARED TO THE ORIGINAL SIGNED, SEALED AND DATED DOCUMENT TO INSURE THE ACCURACY OF THE INFORMATION SHOWN ON ANY SUCH COPY, AND TO INSURE THAT NO SUCH CHANGES HAVE BEEN MADE. 11. CONNECTING LINES FOR SOME UNDERGROUND STORM AND SANITARY LINES WERE NOT MARKED ON THE GROUND AND HAVE BEEN SHOWN BASED ON MAPS PROVIDED BY CITY STREET DEPARTMENT AND THE ASPEN CONSOLIDATED SANITATION DISTRICT. 12. ANY SUBSURFACE UTILITIES NOT SHOWN HEREON WERE NOT MARKED BY APPROPRIATE UTILITY COMPANIES AT THE TIME OF THIS SURVEY. CLIENT /CONTRACTOR MUST CONTACT SPECIFIC UTILITY COMPANIES TO VERIFY BOTH THE LOCATION AND DEPTH OF RESPECTIVE UTILITIES. ADDITIONAL SURVEYING WORK MAY BE REQUIRED TO SHOW ANY SUCH SUBSURFACE UTILITY LOCATIONS ON THIS DRAWING. SGM WILL NOT BE RESPONSIBLE FOR PROTECTION OF SUBSURFACE UTILITIES NOT MARKED ON THE GROUND AT THE TIME OF THIS SURVEY. 13. BASED SOLELY UPON THE FLOOD INSURANCE RATE MAP ( COMMUNITY PANEL NO. 08097CO203 C DATED JUNE 4, 1987, PREPARED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE SUBJECT PROPERTY IS DESIGNATED AS BEING SITUATED IN ZONE X "AREAS DETERMINED TO BE OUTSIDE 500 -YEAR FLOOD PLAIN ". 14. BASED SOLELY UPON FIGURE ES -5 OF THE 2001 SURFACE DRAINAGE MASTER PLAN, THIS PROPERTY IS NOT SITUATED WITHIN ANY OF THE POTENTIAL GEOLOGIC HAZARDS AREAS DEPICTED THEREON, Surveyor's Certificate: I, David A. Cooper, being a registered Professional Land Surveyor, licensed in the State of Colorado, do hereby that this is an Improvement Survey Plat as defined by CRS 38 -51- 102(9), resulting from a monumented land survey, showing the current location of all significant visible structures, utilities, fences, hedges, or walls situated on the described parcel and within five feet of all boundaries of such parcel, and also any visible conflicting boundary evidence or encroachments, and all easements and rights -of -way of a public or private nature that are visible, or apparent, or of record, and underground utilities described in or other sources as specified in the title commitment referenced hereon, and that this Improvement Survey Plat was prepared by SGM, on this dote, April 8, 2014, based on site V 5 conditions as they existed during David A. Cooper �1 � . a field survey most recently Colo. Reg. P.L.S. # 29030 , °� �t performed on November 1, 2013, under my direct supervision and For, and on /� checking and that it is true and behalf of SGM �i correct to the best of my knowledge and belief. 8 I t 1 Notice: According to Colorado Low, you must commence any /ego/ action based upon any defect in this o survey within three years after you first discover such defect In no event may any legal action N based upon any defect in this survey be p commenced more than ten years from the date of the certification shown hereon. 1 18 6.�, W Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm- inc.com 1 E. 1 O O E . F Aspen, eO # Revision Date By Improvement Survey Plat 1 re -show slope ones, note revisions, site feature lobe /s mist � 9 20 13 doc 2 odd setbacks, update mop to reflect removed trues(per 2011 permit) 9/30/1) doc 3 odd gates, spot elevations adjust contours at deck, wall lines, etc 11/5/13 doc 4 revise tree locations at deck area 11/12/13 doc 5 revised square footoges for alley area (port of Francis /Gormisch s.f,) 1211611 doc Job No. 2010 - 364.006 Drawn by: doc Date: 4/8/14 ... File. EFroncis-EC-1 0,0. 'A t EXHIBIT 8 JEFFREY BERKUS A R C H IT E C T S 430 WEST MAIN STREET ASPEN, CO 81611 PHONE 970.925.7017 FAX 970.925.7026 SEAL ISSUE 05.07.14 ZONING: RDS VARIANCE ADMINISTRATIVE AMENDMENT PROJECT NAME 100 & 108 EAST FRANCIS PROJECT No. 11001.00 SCALE lot = 200-011 SHEET TITLE PROPOSED SITE PLAN Zoning: Residential Design Standards Variance Administrative Amendment Request - Windows SHEET No. Z�RDS1 NORTH AND SOUTH RESIDENCES COPYRNMY 201♦ JEFFREY UMUS ARCMECTS THE IW ORMAT ION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF JEFFREY BERKUS ARCHITECTS. NO PART OF THIS INFORMATION MAC BE USED WITHOUT THE PRIOR WRITTEN PERMISSION OF JEFFREY BERKUS ARCHITECTS. JEFFREY BERKUS ARCHITECTS "'ALL RETAIN I ALL COMMON t AV/ STATUTORY AND OTHER RESERVED RIGHTS. INCLUDING COPYRtG4,1' -HERETO i I I i i I I I I I I i I I I f I I I I I I I I I I I I I ---- 1--- - - - - -- I I t l I I Ir I I i I I i i i ii I I I-------- - - - - -� i i I` - -- I I I I i South Elevation - Residential Design Standards Variance Amendment 1 3/16" = V -0" EXHIBIT JEFFREY BERKUS A R C H I T E C T S 430 WEST MAIN STREET ASPEN, CO 81611 PHONE 970.925.7017 FAX 970.925.7026 SEAL OF CotO P y JEFFREY KEVIN � SfERKUS C% No 304413 V ISSUE 11.15.13 PLAN CHECK SUBMITTAL 04.23.14 ZONING REVIEW 05.07.14 ZONING: RIDS VARIANCE ADMINISTRATIVE AMENDMENT PROJECT NAME 100 E. FRANCIS PROJECT No. 11001.02 SCALE 3/1611 = 1' -012 SHEET TITLE Zoning - Residential Design Standards Variance Administrative Amendment Request Windows SHEET No. Z -RDS2 SOUTH RESIDENCE COPYRIGM 2013 JEFFREY @ERKUS ARCHITECTS THE INFOR DESIGN INTENT AND DES INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF JEFFREY BERKUS ARCHITECTS. NO PART OF THIS INFORMATION AMY BE USED WITHOUT THE PRIOR WRITTEN PERAOSSION OF JEFFREY BERKUS ARCHITFCTS. JEFFREY SERKUS ARCHITECTS SHALL RETAIN ALL COMMON LAW STATUTORY AND OTHER RESERVED RCHTS. INC:UDING COPYRIGHT THERETO. DJ West Elevation - Residential Design Standards Variance Amendment 1 3/16" = 1' -0" 2 West Elevation at Courtyard - Residential Design Standards Variance Amendment 3/16" = 1'-0" EXHIBIT JEFFREY BERKUS A R C H I T E C T S 430 WEST MAIN STREET ASPEN, CO 81611 PHONE 970.925.7017 FAX 970.925.7026 SEAL of coy y JEFFREY K ON O BERKUS No 304419 Q' Ftis� ARG� ISSUE 11.15.13 PLAN CHECK SUBMITTAL 04.23.14 ZONING REVIEW 05.07.14 ZONING: RDS VARIANCE ADMINISTRATIVE AMENDMENT PROJECT NAME 100 E. FRANCIS PROJECT No. 11001.02 SCALE 3/1611 = 11 -011 SHEET TITLE Zoning - Residential Design Standards Variance Administrative Amendment Request Windows SHEET No. Z -RDS31 SOUTH RESIDENCE COFYRIOIIT 1017 ,JEFFREY EERKUS ARCHITECTS THE INFORMATION AND DESIGN INTENT CONTAWED ON THIS DOCUMENT IS THE PROPERTY OF JEFFREY BERKUS ARCHITECTS- NO PART OF THIS WORMATKJN MAY SL USED WIT406T THE PRIOR WRITTEN PERWSSK)h OF JEFFREY SERKUS ARCHITECTS. JEFFREY BERKUS ARCHITECTS SWHl RETAIN ALL COMMON LAW STATUTORY AND OTHER RESERVED RIGHTS. INCUUOING COPYRJGFIT THERETO D L_ _ _ _ _ _ _ _ _ Z I I I I I 2 VARIANCE AMENDMENT REQUEST WINDOWS AT STAIR 7K1' - 7' 78W - 7• 7889'- r a Z S � a I I I LINE OF PROPOSED GRADE II I r------- L.._______ —_ I I I LINE OF EXISTING GRADE I I I I I LINE OF INTERIOR STAIR - SHOWN DASHED I I I I I South Elevation - Residential Design Standards Variance Amendment 1 1/4" = 1 M-0" EXHIBIT JEFFREY BERKUS A R C HI T E C T S i 430 WEST MAIN STREET ASPEN, CO 81611 PHONE 970.925.7017 FAX 970.925.7026 SEAL P,t41- Coto C'7 JEFFREY KE'Vt �00 N SERKUS ri No 304413 ARG�� ISSUE 11.15.13 PLAN CHECK SUBMITTAL 04.23.14 ZONING REVIEW 05.07.14 ZONING: RDS VARIANCE ADMINISTRATIVE AMENDMENT PROJECT NAME 108 E. FRANCIS PROJECT No. 11001.01 SCALE 1/411 = 1' -0" SHEET TITLE Zoning - Residential Design Standards Variance Administrative Amendment Request Windows SHEET No. �RDS4 NORTH RESIDENCE COPYRIGHT 2013 JEFFREY @IMUS ARCNRECTS THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCLAAENT IS TIE aROPERTY OF JEFFREY BERKUS ARCHITECTS. NO PART OF "S ONFORk"TION MAY SE USED WITHMT THE PRIM WRITTEN PERNISSNON OF JEFFREY BFRKL.S ARCWTFCTS. JEFFREY BERKUS ARCHITECTS SWILL RETAIN ALL COW" LAW STATUTORY AND OTHER RESERVED RIGHTS. INC j)DING COWRIGHT THERETO 10