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HomeMy WebLinkAboutLand Use Case.816 E Hyman Ave.0100.2015.ASLUASLU Variances 1 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan DATE: November 2, 2015 PROJECT: 818 E. Hyman REPRESENTATIVE: Lori Dunn, Forum Phi REQUEST: RDS and setback variance DESCRIPTION: The existing duplex is being remodeled. The applicant would like to add a front porch to the duplex but is due to the existing building location in comparison to the setback requirement the depth of the porch required by the Residential Design Standards (RDS) cannot be met. Additionally, the existing chimney is proposed to be wrapped with a different material, increasing the chimney’s nonconforming setback. Staff will accept an application for administrative review of the RDS. 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. The setback variance is reviewed under the following criteria: A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision-making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of this Title and the Municipal Code; and 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a) There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b) Granting the variance will not confer upon the applicant any special privilege denied by the terms of this Title and the Municipal Code to other parcels, buildings or structures, in the same zone district. 2 If staff cannot support administrative approval, application can be made to the Planning and Zoning Commission for the RDS variance and setback variance. If an administrative variance is approved for the RDS variance the setback variance will be scheduled before the board of Adjustment. 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%20Fees/2013%20land%20use%20a pp%20form.pdf Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use- Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.314 Variances 26.410 Residential Design Standards 26.575.020 Calculations and Measurements Review by: Staff for complete application Public Hearing: Not required for RDS Variance, unless P&Z review is deemed necessary. Required for setback variance. Planning Fees: Planning Deposit – ($650 for 2 hours) Referral Fees: None Total Deposit: $650.00 (additional planning hours over deposit amount are billed at a rate of $325/hour. To apply, submit the following information:  Completed Land Use Application and signed fee agreement.  Pre-application Conference Summary (this document).  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application.  Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant.  HOA Compliance form (Attached)  A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. 3  A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado.  Written responses to all review criteria.  An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.  1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted:  2 Copies of the complete application packet and, if applicable, associated drawings. Number of copies correlates to referral agencies and review boards.  Total deposit for review of the application.  A digital copy of the application provided in pdf file format. 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. City C970 COMMUNITY DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Owner (“I”): Name: Email: Phone No.: Address of Property: (subject of application) I certify as follows: (pick one) □ This property is not subject to a homeowners association or other form of private covenant. □ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. □ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: _________________________ date:___________ Owner printed name: _________________________ or, Attorney signature: _________________________ date:___________ Attorney printed name: _________________________           FORUM PHI | 715 W MAIN ST, STE 204 | ASPEN, CO 81611 PREPARED BY: LORI DUNN | 970.797.4880 | LDUNN@FORUMPHI.COM     Variance Request | 816 E Hyman & 818 E Hyman Oct 28, 2015 The owners of 816 E Hyman and 818 E Hyman would like to collectively apply for a variance of section 26.410.040.D.1.b. of the Residential Design Standards: A covered entry porch of fifty (50) or more square feet, with a minimum depth of six (6') feet, shall be part of the front facade. Entry porches and canopies shall not be more than one (1) story in height. a.) We have provided an appropriate design after carefully considering both the context in which the development is proposed and also the purpose of the particular standard. Within the extisting context, there are many non-conformities which we would like to fix in the following ways: Existing Non-Conformity The existing entry is non-comforming to the RDS in the following ways: RDS 26.410.040 D.1.b) There is no existing covered entry porch. Proposed Remedy to the Existing Non-Conformity The proposed structure will comform in the following ways: RDS 26.410.040 D.1.b) The proposed design includes the addition of a covered entry porch to cover both entries. It will be 28.50 sq ft square feet and is 36” deep. Hardship associated with the Proposed Remedy The proposed structure will not conform to the depth requirement because if it were to conform, the structure would be outside of the Building Envelope. The intention is to provide the covered entry as deep as possible while staying within the Building Envelope. b.) This situation is necessary for reasons of fairness related to unusual site-specific constraints as follows: The proposed covered entry porch will accommodate the RDS desire to have a covered entry porch to the best of it’s ability considering the location of the Building Envelope. Diagrams showing this condition are on the following page.         FORUM PHI | 715 W MAIN ST, STE 204 | ASPEN, CO 81611   PREPARED BY: LORI DUNN | 970.797.4880 | LDUNN@FORUMPHI.COM 2   9'-6"11/4"3'-0"BUILDING ENVELOPE PROPOSED COVERED ENTRY AREA - 28.50 SQ FT8'-0"7'-0"6'-0"RIDGE EAVE POINT 24'-0" COVERED ENTRY ELEMENT 101 201 102 201 202 1/3 POINT BETWEEN RIDGE AND EAVE 3'-0"10'-2"PLAN @ ENTRY SURVEY ELEVATION @ ENTRY 818 Hyman AveAspen, CO 81611Vicinity Map CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE APPLICATION PACKET Attached is an Application for review of Development that requires Land Use Review pursuant to the City of Aspen Land Use Code. Included in this package are the following attachments: 1.Development Application Fee Policy, Fee Schedule and Agreement for Payment Form 2.Land Use Application Form 3. Dimensional Requirements Form 4. Matrix of Land Use Application Requirements/Submittal Requirements Key 5. General Summary of Your Application Process 6. Public Hearing Notice Requirements 7. Affidavit of Notice All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk’s Office on the second floor of City Hall and on the internet at www.aspenpitkin.com , City Departments, City Clerk, Municipal Code, and search Title 26. We strongly encourage all applicants to hold a pre-application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. COMMUNITY DEVELOPMENT DEPARTMENT Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative – meaning an application with multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff review is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amounts may be reduced if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre-application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant’s request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final application submission. Upon final approval all billing shall again be reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee of 1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, an unpaid invoice of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. January 2015 City of Aspen | 130 S. Galena St. | (970) 920-5090 COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees An agreement between the City of Aspen (“City”) and Property Owner (“I”): Phone No.: Email: Address of Property: (subject of application) Billing Address: (send bills here) I 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. $_________ flat fee for _____________________. $_________ flat fee for _____________________. $_________ flat fee for _____________________. $_________ flat fee for _____________________. For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. 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. $___________ deposit for _______ hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $35 per hour. $___________ deposit for ______ hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $275 per hour. City of Aspen: Property Owner: Chris Bendon Community Development Director Name: Title: ____ City Use: Fees Due: $___________ Received: $____________ January 2015 City of Aspen | 130 S. Galena St. | (970) 920-5090 0 Select Dept 0 Select Dept 0 Select Dept 0 Select Review 0 0 0 McAtamney's 970-797-4880 818 Hyman Aspen, CO 81611 c/o Forum Phi 715 W Main Street, Suite 204 Aspen, CO 81611 650 2 ATTACHMENT 2 –LAND USE APPLICATION PROJECT: TYPE OF APPLICATION: (please check all that apply): Name: Location: (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) APPLICANT: Name: Address: Phone #: REPRESENTATIVE: Name: Address: Phone #: GMQS Exemption Conceptual PUD Temporary Use GMQS Allotment Final PUD (& PUD Amendment) Text/Map Amendment Special Review Subdivision Conceptual SPA ESA – 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane Subdivision Exemption (includes condominiumization) Final SPA (& SPA Amendment) 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.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Have you attached the following? FEES DUE: $_________ Pre-Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 3-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. Hyman Duplex Remodel 818 E Hyman, Aspen, CO 81611 | Legal Description: 820 East Hyman Townhome Unit:B 273718226002 Ken and Jeanne McAtamney 818 E Hyman Ave, Aspen, CO 81611 312.364.8691 Lori Dunn, Forum Phi 715 W Main St, Suite 204, Aspen, CO 81611 X 970-797-4880 Existing Duplex with no covered front porch. Add a covered porch with an exception on the depth and area requirement because fullfilling such requirement would cause the front porch to be outside of the front Setback. 650 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing:__________Proposed:___________________ Number of residential units: Existing:__________Proposed:___________________ Number of bedrooms: Existing:__________Proposed:___________________ Proposed % of demolition (Historic properties only):__________ DIMENSIONS: Floor Area: Existing:_________Allowable:__________Proposed:________ Principal bldg. height: Existing:_________Allowable:__________Proposed:________ Access. bldg. height: Existing:_________Allowable:__________Proposed:________ On-Site parking: Existing:_________Required:___________Proposed:________ % Site coverage: Existing:_________Required:___________Proposed:________ % Open Space: Existing:_________Required:___________Proposed:________ Front Setback: Existing:_________Required:___________Proposed:________ Rear Setback: Existing:_________Required:___________Proposed:________ Combined F/R: Existing:_________Required:___________Proposed:________ Side Setback: Existing:_________Required:___________Proposed:________ Side Setback: Existing:_________Required:___________Proposed:________ Combined Sides: Existing:_________Required:___________Proposed:________ Distance Between Buildings Existing ________Required:__________Proposed:_____ Existing non-conformities or encroachments:___________________________________ _______________________________________________________________________ Variations requested: ______________________________________________________ ________________________________________________________________________ Hyman Duplex Remodel Forum Phi 816 E Hyman, Aspen, CO 81611 R-MF 6,000 sq ft 6,000 sq ft 1 n/a 5 n/a No Covered Entry Porch Variation on depth and area requirement because fulfilling such requirement would cause the front porch to be outside of the front Setback. 10 20 5 n/a n/a n/a n/a n/a n/a 3,600 3,600 3,600 10 20 n/a n/a n/a n/a 10 20 n/a 15 15 n/a n/a n/a n/a 2 n/a n/a n/a n/a n/a n/a n/a n/a 25'25'25' ATTACHMENT 4- MATRIX OF LAND USE APPLICATION REQUIREMENTS For application requirements, refer to the numbers in the in second column. These numbers correspond to the key on page 9. For multiple reviews, do not duplicate information. All application materials must be complete and submitted in collated packets. All drawings must include an accurate graphic scale Type of Review App. Submission Requirements (See key on page 9.) Process Type (See Process Description in Att.5) Number of Required Submittal Packets 8040 GREENLINE REVIEW 1-7, 8-10,35P & Z108040 GREENLINE EXEMPTION 1-7, 8-10, 35ADMINISTRATIVE REVIEW 2 STREAM MARGIN REVIEW 1-7, 8, 10, 11, 12, 35P & Z OR ADMINISTRATIVE (Based on Location) 2 for 0 Admin., 10 for P &Z STREAM MARGIN EXEMPTION 1-7, 8, 10, 11, 12, 35ADMINISTRATIVE REVIEW 2 HALLAM LAKE BLUFF REVIEW 1-7, 13, 14, 35P & Z 10 MOUNTAIN VIEW PLANE 1-7, 15, 16, 35P & Z 10 CONDITIONAL USE 1-7, 9, 17P & Z 10 SPECIAL REVIEW* 1-7, Additional Submission Req. dependon nature of the Special Review Request.P & Z 10 SUBDIVISION 1-7, 18, 19, 20, 21, 35P & Z, AND CITY COUNCIL 20 EXEMPT SUBDIVISION 1-7, 18, 19, 20, 21, 35CITY COUNCIL 10 LOT LINE ADJUSTMENT 1-7, 22ADMINISTRATIVE REVIEW 2 LOT SPLIT 1-7, 22CITY COUNCIL 10 CODE AMENDMENT 1-4, 7, 23P & Z, AND CITY COUNCIL 20 WIRELESS TELECOM. 1-7, 16, 24, 25, 26, 27, 35ADMIN. OR P & Z 2 for Admin., 10 for P & Z SATELITE DISH OVER 24” IN DIAMETER 1-7ADMIN. OR P & Z 2 for Admin., 10 for P & Z RES. DESIGN STANDARDS VARIANCE 1-7, 9, 28, 29, 30P & Z OR DRAC 10 GMQS EXEMPTION* 1-7, Additional Submission Req. dependon nature of the Exemption Request.ADMIN., OR P & Z, AND/OR CC (BASED ON EXEMPTION TYPE) 2 for Admin., 10 for P & Z, 20 for P & Z and CC CONDOMINIUMIZATION 1, 31 ADMINISTRATIVE 2 PUD 1-7, 32, 33, 35CONCEPTUAL – P & Z, AND CC FINAL – P & Z, AND CC 20 for P & Z and CC (Submit Separately for Final PUD Review) LODGE PRESERVATION PUD 1-7, 35P & Z, AND CC 20 PUD AMENDMENT 1-7 ADMIN., OR P & Z, AND/OR CC (BASED ON AMENDMENT TYPE) 2 for Admin., 10 for P & Z, 20 for P & Z and CC SPECIALLY PLANNED AREA (SPA) 1-7, 35 CONCEPTUAL – P & Z, AND CC FINAL- P & Z, AND CC 20 for P & Z and CC (Submit Separately for Final SPA) AMENDMENT TO SPA 1-7 ADMIN., OR P & Z AND CC (BASED ON SIGNIFICANCE OF AMENDMENT) 2 for Admin., 20 for P & Z and CC TEMPORARY USE 1-7 ADMIN. OR CC (BASED ON DURATION TIME) 2 for Admin., 10 for City Council ACCESSORY DWELLING UNIT 1-7, 9 ADMIN OR P &Z(BASED ON IF THE PROPOSAL MEETS REVIEW STANDARDS) 2 for Administrative Review REZONING 1-7 P & Z AND CC 20 DIMENSIONAL REQUIREMENTS VARIANCE 1-7, 34 BOARD OF ADJUSTMENT 9 * Consult with a Planner about submittal requirements.** A pre-application conference with a Planner should be conducted prior to submitting any land use application. Please call 920-5090 to schedule a pre-application conference. ATTACHMENT 4-CONT’D- SUBMITTAL KEY 1. Land Use Application with Applicant’s name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which development is proposed to occur. 3. A disclosure of ownership of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. 4. An 8 1/2” x 11” vicinity map locating the subject parcel within the City of Aspen. 5. A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 6. A site plan depicting the proposed layout and the project’s physical relationship to the land and it’s surroundings. 7. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 8. Plan with Existing and proposed grades at two-foot contours, with five-foot intervals for grades over ten (10) percent. 9. Proposed elevations of the development 10. A description of proposed construction techniques to be used. 11. A Plan with the 100-year floodplain line and the high water line. 12. Accurate elevations (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures; a verification and recordation of the actual elevation in relation to mean sea level to which any structure is constructed; a demonstration that all new construction or substantial improvements will be anchored to prevent flotation, collapse or lateral movement of any structure to be constructed or improved; a demonstration that the structure will have the lowest floor, including basement, elevated to at least two (2) feet above the base flood elevation, all as certified by a registered professional engineer or architect. 13. A landscape plan that includes native vegetative screening of no less than fifty (50) percent of the development as viewed from the rear (slope) of the parcel. All vegetative screening shall be maintained in perpetuity and shall be replaced with the same or comparable material should it die. 14. Site sections drawn by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level. 15. Proposed elevations of the development, including any rooftop equipment and how it will be screened. 16. Proposed elevations of the development, including any rooftop equipment and how it will be screened. 17. A sketch plan of the site showing existing and proposed features which are relevant to the review. 18. One (1) inch equals four hundred (400) feet scale city map showing the location of the proposed subdivision, all adjacent lands owned by or under option to the applicant, commonly known landmarks, and the zone district in which the proposed subdivision and adjacent properties are located. 19. A plat which reflects the layout of the lots, blocks and structures in the proposed subdivision. The plat shall be drawn at a scale of one (1) equals one hundred (100) feet or larger. Architectural scales are not acceptable. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches. If it is necessary to place the plat on more than a one (1) sheet, an index shall be included on the first sheet. A vicinity map shall also appear on the first sheet showing the subdivision as it relates to the rest of the city and the street system in the area of the proposed subdivision. The contents of the plat shall be of sufficient detail to determine whether the proposed subdivision will meet the design standards pursuant to Land Use Code Section 26.480.060(3).20. Subdivision GIS Data. 21. A landscape plan showing location, size, and type of proposed landscape features. 22. A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.470. 23. The precise wording of any proposed amendment. 24. Site Plan or plans drawn to a scale of one (1”) inch equals ten (10’) feet or one (1”) inch equals twenty (20’) feet, including before and “after” photographs (simulations) specifying the location of antennas, support structures, transmission buildings and/or other accessory uses, access, parking, fences, signs, lighting, landscaped areas and all adjacent land uses within one-hundred fifty (150’) feet. Such plans and drawings should demonstrate compliance with the Review Standards of this Section. 25. FAA and FCC Coordination. Statements regarding the regulations of the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC). 26. Structural Integrity Report from a professional engineer licensed in the State of Colorado. 27. Evidence that an effort was made to locate on an existing wireless telecommunication services facility site including coverage/ interference analysis and capacity analysis and a brief statement as to other reasons for success or no success. 28. Neighborhood block plan at 1”=50’ (available from City Engineering Department) Graphically show the front portions of all existing buildings on both sides of the block and their setback from the street in feet. Identify parking and front entry for each building and locate any accessory dwelling units along the alley. (Continued on next page.) Indicate whether any portions of the houses immediately adjacent to the subject parcel are one story (only one living level). 29. Roof Plan. 30. Photographic panorama. Show elevations of all buildings on both sides of the block, including present condition of the subject property. Label photos and mount on a presentation board 31. A condominium subdivision exemption plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half (1 1/2) inches on the left hand side of the sheet and a one-half (1/2) inch margin around the other three (3) sides of the sheet pursuant to Land Use Code Section 26.480.090. 32. A description and site plan of the proposed development including a statement of the objectives to be achieved by the PUD and a description of the proposed land uses, densities, natural features, traffic and pedestrian circulation, off-street parking, open space areas, infrastructure improvements, and site drainage. 33. An architectural character plan generally indicating the use, massing, scale, and orientation of the proposed buildings. 34. A written description of the variance being requested. 35. Exterior Lighting Plan. Show the location, height, type and luminous intensity of each above grade fixture. Estimate the site illumination as measured in foot candles and include minimum, maximum, and average illumination. Additionally, provide comparable examples already in the community that demonstrate technique, specification, and/ or light level if they exist. ATTACHMENT 5 DEVELOPMENT REVIEW PROCEDURE 1. Attend pre-application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre-application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The Applicant will be required to mail notice (one copy provided by the Community Development Department) to property owners within 300 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staff’s memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board’s questions and decision. 6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is submitted. ATTACHMENT 6 PUBLIC HEARING NOTICING REQUIREMENTS Three forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting of the property, and mailing to surrounding landowners. Following is a summary of the notice requirements, including identification of who is responsible for completing the notice. 1. Publication - Publication of notice in a paper of general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development Department and we will place the notice in the paper within the appropriate deadline. 2. Posting - Posting of a sign in a conspicuous place on the property is to be done fifteen (15) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department, to fill it in correctly and to bring proof to the hearing that posting took place (use attached affidavit). 3. Mailing - Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Community Development Department, to mail it according to the following standards, and to bring proof to the hearing that the mailing took place (use attached affidavit). Notice to mineral Estate Owner. An Applicant for surface Development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify that the notice has been provided to the mineral estate owners. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of public hearing. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ________________________________________________, Aspen, CO SCHEDULED PUBLIC HEARING DATE: ______________________________________, 20___ STATE OF COLORADO ) ) ss. County of Pitkin ) I, _____________________________________________________ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: _____ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. _____ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the ___ day of ________________, 20___, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. _____ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. _____ Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) _____ Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. _____ Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ____________________________________ Signature The foregoing “Affidavit of Notice” was acknowledged before me this ___ day of ____________________, 20___, by _______________________________________. WITNESS MY HAND AND OFFICIAL SEAL My commission expires: _________________ ______________________________________ Notary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 Murray B Hall Revocable Trust 348 Metate PI Palm Desert, CA 92260 November 12, 2015 City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 To Whom It May Concern: Please accept this letter as our approval for Forum Phi, Inc. to apply for any Land Use Approvals required to complete the remodel and repairs of the property 816 E Hyman Ave, Aspen, Colorado. The following is the name and address for the company. Steev Wilson Forum Phi, Inc. 715 W Main St, Suite 204 Aspen, CO 81611 Ph: 970-279-4109 Fax: 866-770-5585 Thank you for your attention to this matter. Sincerely, Murray B Hall Revocable Trust D477�� k' 4-4e Murray B Hall Revocable Trust Date 818 Aspen LLC 818 E Hyman Ave Aspen, CO 81611 November 12, 2015 City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 To Whom It May Concern: Please accept this letter as our approval for Forum Phi, Inc. to apply for any Land Use Approvals required to complete the remodel and repairs of the property 818 E Hyman Ave, Aspen, Colorado. The following is the name and address for the company. Steev Wilson Forum Phi, Inc. 715 W Main St, Suite 204 Aspen, CO 81611 Ph: 970-279-4109 Fax: 866-770-5585 Thank you for your attention to this matter. 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The certification must be signed by the property owner or Attorney representing the property owner. Property Name: Ken and Jeanne McAtamney Owner ("I'T Email: kmcatamney@williamblair.com Phone No.: 312-364-8691 Address of 818 E Hyman Ave (820 E Hyman, Unit B) Property: (subject of application) I certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. X❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: X =_ date: t -S Owner printed name: C 1AI-ET4 MCA ^'� or, Attorney signature: Attorney printed name: date: Agreement I approve the changes to the common elements for the building at 816 and 818 E Hyman Ave, Aspen, CO 81611 reflected in the below description and the enclosed plans incorporated herein at Attachment A. I acknowledge that the plans attached may change and I will only need to approve any proposed common element changes that differ from the attached plans and description. Project Description: Construction is estimated to begin Spring 2016. Proposed Changes: • Replace Wood siding • Replace both Chimney siding with stone • Replace siding on Living Room bump -out with stone • Reconfigure connecting roof parapet • Add Entry awning over both entry doors Approved by: Signature Date IaNN;i h MSA r mtMq Print Name Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Name Property Owner ("I" ): Emai1 Murray and Cheryl Hall murraybhall@yahoo.com Phone No.: 760-773-2142 Address of Property. 816 E Hyman Ave (820 E Hyman, Unit A) (subject of application) I certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ZI This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: Owner printed name or, Attorney signature: Attorney printed name: date:—,'//, date: Agreement I approve the changes to the common elements for the building at 816 and 818 E Hyman Ave, Aspen, CO 81611 reflected in the below description and the enclosed plans incorporated herein at Attachment A. I acknowledge that the plans attached may change and I will only need to approve any proposed common element changes that differ from the attached plans and description. Project Description: Construction is estimated to begin Spring 2016. Proposed Changes: • Replace Wood siding • Replace both Chimney siding with stone • Replace siding on Living Room bump -out with stone • Reconfigure connecting roof parapet • Add Entry awning over both entry doors Approved by: -'L'4� )l �' 4__-ta Signature Print Name Date Documentary Fee $ 360.00 WARRANTY DEED THIS DEED, made SEPTEMBER 18, 2015, RECEPTION#: 623398, 09/21/2015 at 10:37:12 AM, 1 OF 3, R $21.00 DF $360.00 Doc Code WD Janice K. Vos Caudill, Pitkin County, CO Between THOMAS C. CALHOON of the County of State of TEXAS , GRANTOR, AND MURRAY B. HALL REVOCABLE TRUST DATED SEPTEMBER 16, 1997, GRANTEE whose legal address is ED of the County of i f5ieL, State of CALIFORNIA WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, ITS heirs and assigns forever, all the real property together with improvements, if any, situate and lying and being in the County of PITKIN, State of COLORADO, described as follows: CONDOMINIUM UNIT A, 820 EAST HYMAN TOWNHOME CONDOMINIUMS, according to the Plat thereof recorded June 16, 1988 in Plat Book 20 at Page 96 and as defined and described in the Condominium Declaration for 820 East Hyman Townhome Condominiums recorded June 16, 1988 in Book 566 at Page 639. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, ITS heirs and assigns forever. And the Grantor, for HIS, HIS heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, ITS heirs and assigns, that at the time of the ensealing and delivery of these presents, HIS is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit "A" attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, ITS heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed. SIGNATURES ON PAGE 2 Ci + Y OF ARF9N 10ITY C47 SEN SIGNATURE PAGE TO WARRANTY DEED STATE OF D rd A PAGE 2 ss COUNTY OF Tllalek. ) The foregoing instrument was acknowledged before me this 7 d of '2015, by THOMAS C. CALHOON. WITNESS my hand and official seal my commission expires: lic /1/7/25 PCT24534W2 'P9 . PUBoG . P OF CG�-O. il ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC 715 WEST MAIN STREET, SUITE 202 ASPEN, COLORADO 8161 1 OWNERSHIP & ENCUMBRANCE REPORT This report is based on a search made of documents -affecting the record title to the property described hereinafter, searched by legal description and by the names of the grantor or grantee. Consequently, the information as to record owner is taken from the most recent recorded Vesting Deed, and the information as to existing encumbrances reflects those documents of record which specifically described the subject property by legal description or which refer to the owner of the property which are filed by name only and do not include the legal description of the property. No information is furnished relative to easements, covenants, conditions and restrictions. This report does include the results of a search under the names of the property owner(s) in the general index. Liability of Attorneys Title Insurance Agency of Aspen, LLC under this Ownership and Encumbrance Report is limited to the fee received. Effective Date: November 17, 2015 Property Address: 818 East Hyman Avenue, Aspen, Colorado 81611. Schedule No: R012690 Parcel No: 273718226002 Taxes: Taxes for the year 2014 have been paid in full in the amount of: $5,544.48. Taxes for 2015 are not yet due or payable. Legal Description: Condominium Unit B. 820 EAST HYMAN TOWNHOME CONDOMINIUMS, according to the Plat thereof recorded June 16, 1988 in Plat Book 20 at Page 96 and as defined and described in the Condominium Declaration for 820 East Hyman Townhome Condominiums, recorded June 16, 1988 in Book 566 at Page 639, Pitkin County, Colorado. Record Owner: Jeanne McAtamney, as Trustee of the Jeanne McAtamney Trust dated August 12, 2011, as to an undivided 50% interest, and Kenneth McAtamney, as Trustee of the Kenneth McAtamney Trust dated August 12, 2011, as to an undivided 50% interest The following liens were found affecting the subject property: Deed of Trust from Jeanne McAtamney, as Trustee of the Jeanne McAtamney Trust dated August 12, 2011, as to an undivided 50% interest, and Kenneth McAtamney, as Trustee of the Kenneth McAtamney Trust -dated August 12, 2011, as to an undivided 50% interest, to the Public Trustee of Pitkin County for the benefit of JPMorgan Chase Bank, N.A., to secure an indebtedness in the principal sum of $1,995,000.00, dated February 27, 2014, and recorded February 28, 2014, as Reception No: 608326. TELEPHONE (970) 925-7328 e - A FACSIMILE (970) 925-7348 ATTORNEYS TITLE INSURANCE AGENCY' OF ASPEN, LLC 715 WEST MAIN STREET, SUITE 202 ASPEN, COLORADO 8161.1 Attorne s tle Insurance Agency of Aspen, LLC By: Winter Van Alstin, I lth- o'rizecrAgent TE; EPHONE (970) 925-7328 A Ak A FACSIMILE (970) 925-7348 ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC 715 WEST MAIN STREET, SUITE 202 ASPEN, COLORADO 8161 1 OWNERSHIP & ENCUMBRANCE REPORT This report is based on a search made of documents affecting the record title to the property described_ hereinafter, searched by legal description and by the names of the grantor or grantee. Consequently, the information as to record owner is taken from the most recent recorded Vesting Deed, and the information as to existing encumbrances reflects those documents of record which specifically described the subject property by legal description or which refer to the owner of the property which are filed by name only and do not include the legal description of the property. No information is furnished relative to easements; covenants, conditions and restrictions. This report does include the results of a search under the names of the property owner(s) in the general index. Liability of Attorneys Title Insurance Agency of Aspen, LLC under this Ownership and Encumbrance Report is limited to the fee received. Effective Date: November 17, 2015 Property Address: 816 East Hyman Avenue, Aspen, Colorado 81611. Schedule No: R012689 Parcel No: 273718226001 Taxes: Taxes for the year 2014 have been paid in full in the amount of: $2,540.48. Taxes for 2015 are not yet due or payable. Legal Description: Condominium Unit A, 820 EAST HYMAN TOWNHOME CONDOMINIUMS, according to the Plat thereof recorded June 16, 1988 in Plat Book 20 at Page 96 and as defined and described in the Condominium Declaration for 820 East Hyman Townhome Condominiums, recorded June 16, 1988 in Book 566 at Page 639, Pitkin County, Colorado. Record Owner: Murray B. Hall Revocable Trust dated September 16, 1997 The following liens were found affecting the subject property: Deed of Trust from Murray B. Hall, Trustee, or any Successor Trustee, of the Murray B. Hall Revocable Trust dated September 16, 1997, to the Public Trustee of Pitkin County for the benefit of MUFG Union Bank, N.A., to secure an indebtedness in the principal sum of $2,340,000.00, dated -September 16, 2015, and recorded September 21, 2015, as Reception No. 623399. AttoMeyA []Fitle Insurance Agency of Aspen, LLC By: Wester Van Alstine,-�Nfithorized Agent TELEPHONE (970) 925-7328 a - A FACSIMILE (970) 92.5-7348