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HomeMy WebLinkAboutLand Use Case.69 Cloud Nine Ln.A018-03 ("""\, CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY ~..~.~ A018-03 Cloud Nine Land Deck Project 69,79,91,99 Cloud Nine Lane James Lindt Minor PUD Amendment Larson, Chi, Ferreira, Cook Jeff Halferty 6/25/03 Approved 6/25/03 J, Lindt (\ .t'*l o MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: James Lindt, Planner~ RE: Highlands PUD Clarification- Affordable Housing Deck Allowance. DATE: June 6, 2003 ApPLICANTS: Cloud Nine Lane Affordable Housing Unit Owners , LOCATION: Block B, Aspen Highlands Village SubdivisionlPUD ZONING: R/MF PUD REVIEW PROCEDURE: Insubstantial amendments to an approved PUD may be approved, approved with conditions, or denied by the Community Development Director, pursuant to Section 26.445.l00(A), PUD Insubstantial Amendments, BACKGROUND: The owners of all of the affordable housing units in Block B, of the Aspen Highlands Village PUD have applied for an insubstantial PUD amendment to the approved Aspen Highlands Village PUD to build larger. decks on the rear ..of their affordable housing units. The approved PUD allows for decks to be exempt from floor area calculations up to 15% of the maximum floo~ area allowed for the units. :the PUD further states that, "the floor area of a building, or portion thereof, not provided with surrounding exterior walls shall include the area under the horizontal projection of roofs or floors, when the roof or floor exceeds five (5) feet". Moreover, the PUD also indicates that, "these architectural projections are exempt for five (5) feet of the peril1'leter of each story of the structure". The City ZonIng Officer has interpreted this to mean that any deck area under a roof overhang that does not extend more than five (5) from the exterior wall of the structure is exempt from allowable FAR and does not count towards the 15% exempt deck area requirement. Therefore, each of the affordable housing units in Blocks A and B are allowed up to 15% of their allowable FAR in exempt deck area and the area under a roof within five feet ofthe exterior wall of the building is completely exempt (does not even counttowards the 15% exempt deck area). STAFF COMMENTS: The Thunderbowl Neighborhood consisting of Blocks A and B, of the Aspen Highlands Village PUD was allowed a total of 24,750 square feet of non-exempt floor area for fifteen (15) affordable housing units. This provides an average allowable floor area of 1,650 square feet for each affordable housing unit. Based on an allowable FAR of 1,650 square feet for each of the affordable housing units, an allowable deck area of 247 square feet per unit 1 (\ r) would be exempt from FAR calculations, Therefore, staff believes that the proposed request to allow for the affordable housing units to construct larger decks is consistent with the FAR exemptions for decks that are allowed in the original PUD as long as the individual decks are under 247 square feet RECOMMENDATION: Staff believes that the proposed application meets the review standards fQr approving an insubstantial amendment to a PUD, Therefore, staff recommends that the Community . . DevelQpment Director approve the proposed amendment to allow fQr the decks on the affordable housing units in Block B, of the Aspen Highiands Village SubdivisiQnlPUD tQ be expanded up tQ a tQtal Qf247 square feet per unit ApPROVAL: I hereby apprQve this insubstantial PUD amendment to allQw fQr the affQrdable hQusing located in BlQck B, .of the Aspen Highlands Village SubdivisiQnlPUD tQ CQnstruct larger decks with the fQllQwing CQnditiQns: I. Each deck expansiQn shall require a building permit. Additionally, each deck shall be limited tQ fifteen percent (15%) of the allQwable FAR dedicated fQr each unit as is tQ be determined by the City of Aspen ZQning Officer at the time .of building permit The fifteen percent (15%) deck requirement shall be ' calculated based .on the methQdQIQgy fQr calculating deck area that is set fQrth in the Aspen Highlands Village PUD (language attached as Exhibit "C"). 2. The applicants shall use fire resistant building materials that are tQ be approved by the Fire Marshal priQr tQ building permit issuance. 3. NQ PQrtiQn of the prQPQsed decks shall encroach intQ the utility easement that runs parallel tQ Thunderbowl Lane .or any .other recQrded easement unless first .obtaining written CQnsent from the party in which the easement benefits. ,c.'O O'\l .Y' ~?f(~ _5. All decks shall be constructed entirely within the apprQved building envelQpes r 1.'0;<;S5 designated fQr each Qfthe respective units, ';0;~ ~? >fl-,,:0\0<' ~ ",II) " ,\w.'(;. ;\'\ \)V<;'.- 'r-sfr..~ ~>J.-Ij~ c,'i\'I()~ cP ACCEPTANCE: I; as a perSQn being .or representing the applicant, dQ hereby agree tQ the cQnditiQns of this approval and certify the infQrmatiQn provided in this applicatiQn is CQrrect tQ the best .of my knQwledge. 4. An applicant wishing tQ CQnstruct a larger deck than they currently have shall .obtain a letter .of CQnsent from the CQndQminium AssociatiQn priQr to applying fQr a building permit. date 6/:f15/o'3 Ann WQQds, CQmmunity DevelQpmebt DirectQr date Highlands Village AffQrdable HQusing Condominium AssQciatiQn 2 1""""1 n < ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Aspen Highlands Village Affordable Housing Association Letter of Consent Exhibit C -- Aspen Highlands Village PUD Deck Calculation Methodology 3 ("") n Exhibit A Review Criteria & Staff Findings Insubstantial pun Amendment. The Community Development Director may authorize an insubstantial amendment to an approved development if the proposal meets the following review standards: 1, ,A change in the use or character of the development. Staff Finding: Staff does not believe that the proposed amendment is inconsistent with the use or character of the final planned unit development. The approved PUD gives the affordable housing units an allowance of exempt deck space equivalent to fifteen percent (15%) of the allowable FAR for the units. Therefore, stafffeels that the proposal is simply using the exempt deck space that they were provided in the PUD approval. Staff finds this criterion to be met. . 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. Staff Finding: The amendment does not increase the overall coverage of structures on the land, Staff finds this criterio):} not to be applicable, 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. Staff Finding: Trip generation and demand for public infrastructure are not affected by this alteration to the PUD. Staff finds this criterion not to be applicable, 4, A reduction by greater than three (3) percent of the approved open space, Staff Finding: The amount of open space will not be reduced by greater than three (3) percent as a result of the proposed amendment. Staff finds this criterion to be met. 5, A reduction by greater than one (1) percent of the off-street parking and loading space. Staff Finding: The applicants are not requesting an amendment to the eXlstmg or required number of parking spaces. Staff finds this criterion not to be applicable, ("""'\ n 6, A reduction in required pavement widths or rights-of-way for streets and easements. Staff Findinl!;: The applicants are not proposing changes to right-of-way widths. In addition, the applicants are required to either not build in recorded easements or obtain written consent from the agency in which an easement benefits prior to constructing a deck in an easement. Staff finds this cnterion to be met, 7, An increase of greater than two (2) percent in the approved gross leasable floor area of.commercial buildings. Staff Findinl!;: The applicants are not proposing changes to a commercial building, Staff finds this criterion not to be applicable. 8, An increase by greater than one (1) percent in the approved residential density of the development Staff Findinl!;: The applicants are not proposing a change in the residential density, Staff finds this criterion not to be applicable. 9, Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a further variation from the project's approved use or dimensional requirements. Staff Findinl!;: The proposed amendment is consistent with the project's original approvaL The approved PUD gives the affordable housing units an allowance of exempt deck space equivalent to fifteen percent (15%) of the allowable FAR for the units, Therefore, staff feels that the proposal is simply using the exempt deck space that they were provided in the PUD approval. Staff finds this criterion to be met '" ~ \....', / Ex~\'b{-f \y~/ June 2, 2003 James Lindt City of Aspen Bldg, Dept. 130, S, Galena St. Aspen, CO 81611 Re: Aspen Highlands PUD- Deck Allowance Dear Mr, Lindt: Please consider this letter authorization from Aspen Highlands Affordable Housing Assoc, for the units included in Block $of the association to be authorized and pennitted to build decks as stated in the PUD clarification agreement, The following listed homeowner's shall be included in the PUD clarification approved on April 29, 2003 for deck additions that comply within the guidelines of the stated PUD agreement. No deck shall exceed 15% of the total sq, footage of the dwelling unit it is attached to and shall comply with the city of Aspen building codes. APPLICANTS TO BE INCLUDED: #10- Mei Luong, 18 Edward & Carolyn Sciarrone, 21 Dominic & Emily Lanese, #37, James Baker & Sandy Wampler, #56 Jim & Jill Pomeroy, # 58 Michelle & Fleming Trane, # 49 Dylan Regan, #46 Todd Stewart & Lisa Bouchett, #66 Nik & Susan Budsey, # 72 Bob& Damell Langley, Sincerely, Paul Twohig President, AHAHV r"'I f'1 E?<h;b'J ~fJ! G shall be graded in general compliance with the Accepted Grading Plans as depicted by Drawings L-204 and L-205 (Thunderbowl Maroon Creek Neighborhoods Grading Plans). Refer to the defini of Accepted Grade. Lots in Blocks A and G may be further gr consistent with development activities allowed within Activity Building Envelopes. Finished Grade for Blocks A and G wil~ be' grade established in conjunction with the construction 'of a si ""1:amily dwelling unit or other structure. . , "Y"lfilshedGrade"Ior 'il'l'l Ci'ther"1lleidksln'"Aspen:"111gn1.a:nds Village' and the lower portion of the Aspen Highlands Ski Area is generally depicted by the following grading plans. Blocks B & C (East TownhOUSes and Affordable'Housing) - Drawing L-201, East Townhouse and Affordable Housing Grading Plan. Block D - (Village Core and lower portion' of Aspen Highlands Ski Area) - Drawings L-200 and L-202, site Plan and Village Core Grading Plan) Aspen Highlands Ski Area - The lower portion of the Aspen Highlands Ski Area will be graded as depicted by Drawing L-200, site Plan. Blocks E and F (West Townhouses and Affordable Housing) Drawing L-203, west Townhouse and Affordable Housing Grading Plan. Gross Leasable Area - Commercial Space is that area measured from the inside of finished walls. Floor Area for R-l.S I R-30 I horizontal surfaces of each calculating Floor Area, the , AH Zones - The floor of a building following applies: sum of the gross or structure. In a. General. Floor Area measured for the purposes of determining allowable Floor Area shall include all area measured from the outside face of framing or other primary wall members or from the center line of walls separating adjoining units of' a building or portion thereof. Veneer facades up to eight inches in thickness shall be excluded from the calculation of .Floor Area; that portion of a facade which exceeds eight inches shall be included. Fireplaces, elevators, stairs and similar features are included in the Floor Area on each floor. b. Roof overhanas and decks. The Floor Area of a building, or portion thereof, not provided with surrounding exterior walls shall include the area under the horizontal projection of roofs or floors, when the roof or floor' exceeds five (5) feet. These architectural projections are exempt for five (5) feet of the perimeter of each story of the structure. Architectural projections may project up to ten (IO) feet and still be 8 n n exempt, so long as the total perimeter space for a floor is less. than or equal to the total area allowed for the five (5) foot exemption. This exemption cannot be used to transfer space between floors. . c. Decks. balconies. stairways and similar features. structures that exceed thirty (30) ind~es above Accepted, or Finished Grade, and that are not covered by a roof or architectural .prqj ection.,!rom .a buildiJ:\g" are exelllpt from Floor Area for up , to' fifteen percent (15%) of the ma'ximum'Floor"'Area 'alJ:o'Wea. Any areas in excess of. fifteen percent (15%) of allowed area ,shall be counted toward Floor Area. .,';"i d. Spaces below. Accepted Grade fOr principal sinalefamiiv and duplex residences. Spaces below Accepted Grade, up to a maximum of twenty (20) feet in depth and which include :no more than a single story, are exempt from Floor Area calculation up to a maximum of 4,000 square feet of Floor Area. Floor Area below Accepted Grade which exceeds the 4,000 square foot exemption provided herein or is more than twenty (20) feet in depth shall count toward the calculation of allowable Floor Area. If any part of the below grade space is exposed above Accepted Grade (such as walk-out basements, walls or courts) the entire below grade area shall be included in the Floor Area calculation; except that window: wells and egress areas as required by the Uniform Building Code may be provided without affecting this exemption. The foundation wall or footing may be exposed to the minimum degree required to comply ~ith the Uniform Building Code pertaining to foundation design without affecting this exemption. Up to ten (10) percent of any particular below grade wall surface may extend above Accepted Grade and still be exempt from. the calculation of Floor Area so long as the Finished Grade covers the surface that would otherwise be exposed. Garages up to seven hundred fifty (750) square feet may be incorporated into below grade space and shall not affect this exemption so long as the only sections of building so exposed are directly related to the garage structure. e. Garaaes and carports. Garage and carport Floor Area shall be exempted up to a maximum of seven hundred fifty' (750) _,square feet. On a lot which contains a duplex, garage and carport Floor Area shall be exempted up to a maximum of five hundred (500) square feet per side. All garage or carport space in excess of the exempted areas shall be included as part of the residential Floor Area calculation. When a single family or duplex dwelling exceeds the a],lowed Floor Area, the exempt garage space shall be reduced by SUbtracting the excess Floor Area from the exempt garage space. . . f. . Crawl space. Crawl spaces shall be exempt from the calculation of Floor Area, even if exposed above Accepted Grade, so long as 9 1""""\ n MEMORANDUM FROM: Julie Ann Woods, Community Development Director James Lindt, PlannerC5l- TO: RE: Highlands PUD C1arification- Affordable Housing Deck Allowance DATE: April 29, 2003 ApPLICANTS: Erik Larson, Walter Chi, Marcelo Ferreira, and Brett Cook, represented by Jeffrey Halferty LOCATION: Lots 8-11, Block B, Aspen Highlands Village PUD ZONING: RlMF PUD REVIEW PROCEDURE: Insubstantial amendments to an approved PUD may be approved, approved with conditions, or denied by the Community Development Director, pursuant to Section 26.445.100(A), PUD Insubstantial Amendments. BACKGROUND: The owners of Lots 8-11, Block B, of the Aspen Highlands Village PUD (69 Cloud Nine Lane, 79 Cloud Nine Lane, 91 Cloud Nine Lane, and 99 Cloud Nine Lane), have applied for an insubstantial PUD amendment to the approved Aspen Highlands Village PUD to build larger decks on the rear of their affordable housing units. The approved PUD allows for decks to be exempt from floor area calculations up to 15% of the maximum floor area allowed for the units. The PUD further states that, "the floor area of a building, or portion thereof, not provided with surrounding exterior walls shall include the area under the horizontal projection of roofs or floors, when the roof or floor exceeds five (5) feet". Moreover, the PUD also indicates that, "these architectural projections are exempt for five (5) feet of the perimeter of each story of the structure". The City Zoning Officer has interpreted this to mean that any deck area under a roof overhang that does not extend more than five (5) from the exterior wall of the structure is exempt from allowable FAR and does not count towards the 15% exempt deck area requirement. Therefore, each of the affordable housing units in Blocks A and Bare allo'Yed up to 15% of their allowable FAR in exempt deck area and the area under a roof within five feet of the exterior wall of the building is completely exempt (does not even count towards the 15% exempt deck area). STAFF COMMENTS: The Thunderbowl Neighborhood consisting of Blocks A and B, of the Aspen Highlands Village PUD was allowed a total of 24,750 square feet of non-exempt floor area for fifteen 1 1"'"\ ,-., '1 , (15) affordable housing units. This provides an average allowable floor area of 1,650 square feet for each affordable housing unit. Based on an allowable FAR of 1,650 square feet for each of the affordable housing units, an allowable deck area of 247 square feet per unit would be exempt from FAR calculations. The applicants have all proposed decks that are under 15% of their allowed FAR if the area that is under a roof overhang is exempted out as is allowed by the PUD. In addition, all of the proposed decks are within the approved building envelope for the units. Moreover, the Sanitation District has been consulted and has determined that the ten (10) foot wide utility easement located on Lots 8 and 9 is for sanitary service lines that benefit the units. Therefore, it is only required that the applicant obtain approval of the condominium association to construct a deck within this easement. That being the case, staff has required the applicant to submit a letter of consent from the condominium association at the time of building permit submittal to allow for the decks to encroach into the easement. In addition, the owner of Lot 8 has amended his proposed deck plan so that no portion of the proposed decks will encroach upon the utility easement that runs parallel to Thunderbowl Lane that contains a main waterline. The applicants have obtained the approval of the Aspen Highlands Village Affordable Housing Association (attached as Exhibit "C") to construct the proposed decks on the subject properties. RECOMMENDATION: Staff believes that the proposed application meets the review standards for approving an insubstantial PUD amendment to the PUD. Therefore, staff recommends that the Community Development Director approve the proposed amendment to allow for the decks on Lots 8-11, Block B, of the Aspen Highlands Village PUD to be constructed as proposed on the site plan and elevations attached as Exhibit "B" with the conditions of approval that are set forth below, ApPROVAL: I hereby approve this insubstantial PUD amendment to allow for Lots 8-11, Block B, ofthe Aspen Highlands Village POO to construct the decks on the rear of the affordable housing units with the following condition: L Each deck shall be limited to fifteen percent (15%) of the allowable FAR dedicated for each unit as is to be determined by the City of Aspen Zoning Officer at the time of building permit. The fifteen percent (15%) deck requirement shall be calculated based on the methodology for calculating deck area that is set forth in the Aspen Highlands Village PUD (language attached as Exhibit "D"), 2, The applicants shall use fire resistant building materials that are to be approved by the Fire Marshal prior to building permit issuance. 3, No portion of the proposed decks shall encroach into the utility easement that runs parallel to Thunderbowl Lane. 2 f"', ~ ~t.\) f:'> "'>J c. 00, """"\'" j:\'I; .~~ \ > ~ ~~~?l ~f>.'( ~. II \;!f:r..(J\(f(-. ,~w--\\ :2J'S~ ~ :-In\ii I) or ~s?'e \j:J\}.~ C\IA:CCEPTANCE: I, as a person being or representing the applicant, do hereby agree to the conditions of this approval and certify the information provided in this application is correct to the best of my knowledge. 4. The owners of Lots 8 and 9 shall obtain a letter of consent from their Condominium Association prior to building permit submittal to allow for them to encroach upon the ten (l0) foot wide utility easement within which their decks are proposed. This utility easement benefits the Condominium Association, date $Jc;b~3 Ann Woods, Community Development Director date Bret Cook, Owner of Lot 8 date Marcelo Ferreira, Owner of Lot 9 date Walter Chi, Owner of Lot 10 date Erik Larson, Owner of Lot II ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Application Exhibit C .. Aspen Highlands Village Affordable Housing Association Letter of Consent Exhibit D -- Aspen Highlands Village PUD Deck Calculation Methodology 3 r>-, ~ Exhibit A Review Criteria & Staff Findings Insubstantial PUD Amendment. The Community Development Director may authorize an insubstantial amendment to an approved development if the proposal meets the following review standards: 1. A change in the use or character of the development. Staff Finding: Staff does not believe that the proposed amendment is inconsistent with the use or character of the final planned unit development. The approved PUD gives the affordable housing units an allowance of exempt deck space equivalent to fifteen percent (15%) of the allowable FAR for the units, Therefore, staff feels that the proposal is simply using the exempt deck space that they were provided in the PUD approval. Staff finds this criterion to be met. 2, An increase by greater than three (3) percent in the overall coverage of structures on the land. Staff Finding: The amendment does not increase the overall coverage of structures on the land. Staff finds this criterion not to be applicable. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. Staff Finding: Trip generation and demand for public infrastructure are not affected by this alteration to the PUD. Staff finds this criterion not to be applicable, 4, A reduction by greater than three (3) percent of the approved open space, Staff Finding: The amount of open space will not be reduced by greater than three (3) percent as a result of the proposed amendment. Staff finds this criterion to be met. 5, A reduction by greater than or:e (1) percent of the off-street parking and loading space. Staff Finding: The applicants are not requesting an amendment to the existing or required number of parking spaces, Staff finds this criterion not to be applicable, 1"""'1 tj 6, A reduction in required pavement widths or rights-of-way for streets and easements. Staff Finding: The applicants are not proposing changes to right-of-way widths. In addition, the applicants have received consent from the Condominium Association to construct the decks within the utility easement on Lots 8 and 9 that contains sanitary service lines. Staff finds this criterion to be met. 7, An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings, Staff Finding: The applicants are not proposing changes to a commercial building. Staff finds this criterion not to be applicable. 8. An increase by greater than one (1) percent in the approved residential density of the development. Staff Finding: The applicants are not proposing a change in the residential density. Staff finds this criterion not to be applicable, 9, Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a further variation from the project's approved use or dimensional requirements. Staff Finding: The proposed amendment is consistent with the project's original approval. The approved PUD gives the affordable housing units an alJowance of exempt deck space equivalent to fifteen percent (15%) of the allowable FAR for the units, Therefore, staff feels that the proposal is simply using the exempt deck space that they were provided in the PUD approval. Staff finds this criterion to be met. f'1 (\ j e f f r e y h a I f e r t y d e s 9 n 215 S Monarch St. suite 202 Aspen, Colorado 81611 (970) 920-4535 (970) 925-6035 Fax DATE: 4/27/03 TO: Community Development Department Planning Office AUn: James lindt FROM: Jeffrey RE: Aspen Highlands Cloud Nine Lane Deck Request Lots 8 ,9 ,10 and 11 Aspen. CO, 81611 We have addressed the setback issue to conform to the existing setback to the south as requested for Lot 8 (Cook Property), Area of Decks Lot Number Name Gross Area Area Under overhana Area of net deck Lot 11 500 sq, ft, 290 sq, ft, 210 sq, ft, Larson Name Gross Area Area Under overhana Area of net deck Lot 10 363 sq, ft. 115sq, ft, 247.6 sq. ft. Chi Name Gross Area Area Under overhana Area of net deck LoU 288 sq, ft, 48 sq. ft, 240 sq, ft. Ferraria Name Gross Area Area Under overhana Area of net deck Lot 8 500 sq, ft, 270 sq, ft, 230 sq, ft, Cook ,~>, <;II::.~~. - : " , , ~ ~ 'l:... ;.,., . if ~f- \J ( 1f i ~ i , / I i , ,r, , ! , . . j l ! " ~--= j , . , ' ~ i~ -. -- I - I ~ \) if - '. ~ ; il ~ tr Ii lie ~.r i ; , I ~ !,o ~ -+-4- I ; :! C ~ ' ""~ -, '-": ; ff - r', .,'.. r "- . '-j -" - ! ; , _+/2,1 1/ _-0 ! 11 .3 ~ \.Jt "---- n ---- "-~~~~.~: ~ --- '~""" f "j '. "~'_~..._/.:.. .' :J ',_ ',., 10 '_ -"~""~-i...._"-_,,,;:,~,~ . ~ \\t .,.. ~ : 'i, ~ ..~ "" +- ~ ~ f ~ . , r', r') APPLICANT: Name: Address: Phone #: ATTACHMENT 2 -LAND USE APPLICATION Cl-olA:> }.!/rJr: L41-iE /)&-k.. ?I!-<:JJEc"T (pq 71 ;I:f / "I Ct.-ovl:. "'IN!;; WE n 'cate street a dress, lot & block number, Ie descri tion where a ro riate WYrs i'l""1 10 J- II t./fff Ami>. PL4'r tJf.- ~~k... B .0..., A V ILL I!;, 'U Lf;; I "" If!!;:;;s. /iII5'E-,. v.J~713/L C. tf ~ gJZer I..},..JG- f.A,JE- ~ eJ b> ;:/ 9-I'-/-t."s;- t/-1'~E q 7"1 q/ ,. - 3&l}3 ; . 1'J..S'- 1'1'7 Name: Location: :IF ~ REPRESENTATIVE: Name: 7Jt'. I5J Address: Phone #: PROJEcr: 0 Conditional Use 0 Conceptual PUD 0 Conceptua1 Historic Devt. 0 Special Review lK Final PUD (& PUD Amendment) 0 Final Historic Development D Design Review Appeal D Conceptual SPA D Minor Historic Devl. D GMQS Allotment D Final SPA (& SPA Amendment) D Historic Demolition D GMQS Exemption D Subdivision D Historic Designation 0 ESA .. 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion! Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane D Lot Split D TemponuyUse 0 Other: D Lot Line Adiustment D Text/Map Amendment VvpLt;.J( , Have you attached the following? FEES DUE: $ S2:>a D Pre-Application Conference Summary D Attachment #1, Signed Fee Agreement D Response to Attachment #3, Dimensional Requirements Form D Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. I , , To SnoWmass "mapa t\ and Glenwood Spnngo While River National Foros! To Snowmass Village r lunpaved!i ..road'l \ k"'. $,1/ ,,/ " "'I ~ i '\ \ , \, \ \.., i(; t I!/' O! I"~.", U '''"'"''1-' ~, "', ~! / (, r \""- "~~ \'>,. '~"' \~ "\ \""'-''-\ C\... " '-~\~ '\ ~~\ / \ 1m Butt~Uk "~~,. ...~ f ~~~.., " (cS'lIf1! . ~O, 1 " , . \ ~" .-' ----........ ""\:1 ') '!;;:' StaguRd ,,~~./ $/ ,l/ ! , ( / Ii) f " S? \ \:~(~A~ 'i. , ~)!!. '''-,~ \~'i 11'\ ) i1t~ ~ .'., "\\ ..... l .~l:~...~. t ) G\<.~" ... ,.., .{\~\I~' ..... &,{ ..1'1,.... ,~~.-..;.. \.n-" ",' ~!, 1. , , J i , i , ,.. WIIittJ8iver N1Miof!al forest ./ ,.~J!~~~;,'~\i~';'}'~\:"""'''''' .... 'c U"'l> ~";E L,.;. <-",!!Ild -~?'? WbiteRiver Natlrmal F,,,,, r"i .. ,1 n Cloud Nine Lane Deck Project . Homeowner Listing for Proposal 1. Erik J. and Janet 1. Larson as Joint Tenants 69 Cloud NineLane, Aspen Colorado Lot 1 I, Fourth Amended Plat of Block B Aspen Highlands Village P.U.D. Affordable Housing Residences, Phase 2 According to the Plat thereof recorded July 25,2001 under reception No. 456880 And the declaration recorded July 25,2001 under reception No. 456879 2. 1. Chi and Walter D. Cbi as Joint Tenants 79 Cloud Nine Lane, Aspen Colorado Lot 10, Fourth Amended Plat ofBlockB Aspen Highlands Village P.U.D. Affordable Housing Residences, Phase 2 According to the Plat thereof recorded July 25, 2001 under reception No. 456880 And the declaration recorded July 25,2001 under reception No. 456879 3. Colleen Delia and Marcelo Ferreira and Joan Delia as Joint Tenants 91 Cloud Nine Lane, Aspen Colorado Lot 9, Fourth Amended Plat of Block B Aspen Highlands Village P.U.D. Affordable Housing Residences, Phase 2 According to the Plat thereof recorded July 25,2001 under reception No. 456880 And the declaration recorded July 25, 2001 under reception No. 456879 4. Bret A. Cook and Carmie G. Cook as Joint Tenants 99 Cloud Nine Lane, Aspen Colorado Lot 8, Fourth Amended Plat of Block B Aspen Highlands Village P. U.D. Affordable Housing Residences, Phase 2 According to the Plat thereof recorded July 25, 2001 under reception No. 456880 And the declaration recorded July 25, 2001 under reception No. 456879 '~'-. F'- !' ::,., ~ t"" f I f , ;:1 ! :\~ :1 j 'I"" ;~r' 1:1' ,'~~ I " ',~'" "',:' c,,, 1:-;.,;. i'~ ;'l-t ''i,,' !~ I~ :~ '':' it .'i-l j,,;':"' \ ;;~ :1 v#' 1 .- - P "';lolL, - -- .......- ~VilVM1cH- MP< ~ ; ': \ i I,:" , ~" i~'i,. ~':"'! i . I I j "" v#..-(' b +- .'j --- ~.ii' +- 11"~ : : \ 1 ! ==.:::::....=~:~_.~ T II ! -= r.J , ..--....-... '--."-- ,-- \1,:' - ~- I c> .... " \ ~~ \ '-.. '- " " '" :1 ;l I v t::>1 11 I ,/ot" 10 C I: ~'I ..""'-' _41-:-~ II , , ' !'1. ..,,--~~~ ...-"''''''"'.........- , ,I H~W""""'~~,,,.,,, u-o I , I J ~ /'" -XI +-, I ! I i: : I ,~I" ! ~",....,-=- , I : !! i , ,...~-- p~. - ..... ~.~-;.. ,;;-:;;} I ...",......... 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(""') MEMORANDUM (""') To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Case load Coordinator Date: April 10, 2003 Re: April 9/03 DRC Meetinq Minutes: Cloud 9 PUD Amendment to Install Decks Attendees: James Lindt, Community Development Department Ed Van Walwaven, Fire Department Tom Bracewell, Sanitation District Jannette Whitcomb, Environmentai Health Brian Flynn, Parks Department Denis Murray, Building Department John Niewoehner, Community Development Department At the April 9, 2003 meeting, the Development Review Committee reviewed a proposal to allow larger decks for four units at the Cloud 9 Condominiums, DRC COMMENTS: Sanitation District Comment: The utility easement shown on the plan appears to be for sewer services, If so, the only the Condo Association needs to give permission for decks over top of the service lines, The Sanitation District does not become involved, Water Department Comment Ivia e-mail): The Cloud Nine deck proposal will be in conflict with an easement for the Maroon Creek Pipeline, The proposed plans show an encroachment for the deck within the easement area on Lot 8, The plans need to be adjusted to eliminate this encroachment, eliminating any footings or above ground structures, This facility is one of two pipelines which provides water supply to the entire City and any encroachment is unacceptable, The deck must be shortened on the Thunderbowl Lane side (southwest) so that the deck does not encroach into the water easement that runs parallel to Thunderbowl Lane, Parks Department Comment: Highly recommend stilt construction, Obtain tree removal permits if necessary, Fire Department Comment: At the time of building permit, if the Fire Department determines the decks to be highly susceptible to wild fire danger, fire resistant building materials will be required on the perimeter of the decks, /DRC/Cloud9.Decks f'1 f1 Erik J. and Janet L. Larson 69 Cloud Nine Lane Aspen, Colorado 81611 (970) 925-1160 EX!/1I1~1+ It 1/ February 19, 2003 Paul Twohig, President Aspen Highlands Village Affordable Housing Association Aspen, Colorado Re: P.JD Amendment To the Board Members: We are seeking approval from the Board to go before the City of Aspen Planning and Zoning Commission to seek a PUD Amendment required to build our decks located at 99,89,79, and 69 Cloud Nine Lane. We presented our design/plans to James Lindt at the Planning Department and the process needs to go to P&Z. James tried to get it through administrative review/approval but we need to take it to the next step. This process is not a FAR issue. " ~~ .~ ,/~/ } /f,l "/"'''''::--,,~/~/ " .....:::-.::;;:;..- . 1:/:'. ~ /' "" Il~/ Paul Twohig, President d-~i-C:J3 Date Mar 24 03 02: OSp r"tf"re'::l Ha 1 03/21/2003 Fal 08:18 FAX Design (S70lS25-S035 Q p.2 14100%1003 Aspen Consolidated Sanitation District ~ I 'P~nl! Smith 'I' Ch;lirman Mkh(l('l K~lly '" Viet:- C,hair John Keleher ,', SoerTro,,! Fnmk Lnmhin Roy H(,Uoway lIl1Iet Mat.herly. Mgr MEMO TO: Jeffrey Halferty FROM: DATE: Tom Bracewell March 21, 2003 SUBJECT: Cloud Nine Decks Dear Jeffery. I have identified the location of the ACSD main sanitary sewer lines in both Thunderbowl L311'e and Cloud Nine L311e on the map you faxed with the approximate loc,,:,,~ Df the manholes and have shown the main lines with a dashed line. I've shown the approximate locations of the sanitary service lines, which are privately owned by the individual owners or the homeowners/condo association, for LOts 8,9,10 and 11 with dottcd lines. It appears the eas~ent in question exists for the servicr.lines for I.ot 8 and Lot 9, Therefore, the encroachments or licenses to build into these easements must be granted by whom, ever owns the common area, (Le, the individual owners, or homeowners / con~oassociationsl. Please let me kIlo,," it you need additional information. , Sincerely, Thomas R. Bracewell Collection Systems Superintendent 565 N, Mln SI, A'pO'n, CO 131611/ (970)CJ2;",i601/ U\X \97n)l)),;,';ii , ,-.,. ,)~ ASPEN . 'HETT PAID " REI" NO. "6(2-01 b, lit H I .?():-,9 (''I , CITY OF ASPeN DATE WREl;- PAID yl /'lEp NO "I <:9 Ol I'Y\. '+ (d-O'~~ Filed tor recard the Reception No. day of ,A.D. , at o'clock M. By RECORDER. DEPUTY. SPECIAL WARRANTY DEED THIS DEED. Made on tn;s day of between AUJl:ust 13. 200 1 HINES HIGHLANDS LIMITED PARTNERSHIP. A DELAWARE UMlTED PARTNERSHIP of the County of PITKIN and , ERIKJ. LARSON AND JANET L. LARSON. as Joi nt Tenants and State of Colorado , Grantor(s), ,.Q Y' . /-' ,P <':> "C S' whose legal address is: P,O. BOX 3121. AS~ CO 81612 of the COll'lty of PI N and State of Colorado , of the GranteeCs): VVlT~SS, That the Grantor, for and in consideration of the sum of ( $236,300.00 *>11* Two Hundred Thirty Six Thousand Three Hundred and 00/100 *.* DOLLARS the receipt and sufficiency of which is hereby acknowledged, hes granted, bargained, sold and conveyedt and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of PlT~ and State of colorado, described as follows: LOT 11 FOURTH AMENDED PLAT OF BLOCK E ASPEN HIGHLANDS VILLAGE P. U.D, APPORDABLE HOUSING RESIDENCES. PHASE 2 ACCORDING TO THE PLAT THEREOF RECORDED JULY 25. ZOO I UNDER RECEPTION NO, 456880 AND TIlE DECLARATION RECORDED JULY 25. z001 UNDER RECEPTION NO, 456879, COUNTY OF PITKIN STATE OF COLORADO also known a. street number 69 CLOUD NINE LANE. ASPEN. CO 81611 TOGETHER with all and singular end hereditaments ancf IIppurtenances thereunto belonging, or in anywise appertaining end the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoQver of the Grantor(s), 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 appurtenances, unto the Grantel!!(s), their heirs, successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant, and agree that it shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee(s), their heirs, successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor(s). EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2001 AND SUBSEQUENT YEARS. AND EXCEPT THOSE MATIERS AS SET FORTH ON EXHIBIT' A' ATIACHED HERETO, AND INCORPORATED HEREIN BY REFERENCE. 1111111111111111111111111111111111111111111111111111111 ~~;~~::~:9 :49A SILVIA DAVIS PITKIN COUNTY CO R 28.00 D 23.B3 IN WITNESS WHEREOF the Grantor(s) have executed this deed on the date set forth above. 457738 TRANSFER DECLARATION RECEIVED 08/20/2001 HINES HIGlILANOS LIMITED PARTNERSHIP. A OELA WARE LIMITED PARTNERSHIP G CORPORATION. A D AWARE ARTNER .. VI PRES D ~ STATE OF Colorado County of PlTKJ}! ) )ss. ) 8 The foregoing instrument was acknowledged before me on this day of AU2ust ~, 2001 ' , by ROBERT E. DANIEL. JR.. VICE PRESIDENT OP ASPEN HlGllLANDS SKIING CORPORATION; ~ DELAWARE CORPORATION. GENERAL PARTNER OP HINES HIGHLANDS UMlTED PARTNERSHIP. A DELAWARE LIMITED PARTNERSHIP Name and Address of Person Creat;ng Newly Crested Legal Description ( 38~35-106.5r C.R.S.) EscroW# Q382206 Titl.# Q382206 Form No. 16,R&V 4.94. SPECIAL WARRANTY DEED (Photographic SPEC.WD.OPEN) When Recorded Return to: ERIK J. LARSON AND JANET L. LARSON p.o. BOX 3121. ASPEN. CO 81612 '-", () CITY OF ~ HRETT MIl} ~E"o NO. //6 Co 0 CITY OF ASPEN WRETT PAID OATE REF S; .mil NO. rt.-o Filed for record the Reception No. day af ,A.D. , at o'clock M. 8y RECllRDER DEPUTY. SPECIAL WAlUUN'rY DEED of tha County of P~ and L.CHIANDWALTERD.CRI, and State of Colorado , Grantor(sl, ;) /-: /;."',," "'"', \, C. " .> TIDS DEED, Mad. on th is day of between AUi!ust 03. 2001 HINES HIGHLANDS LIMITED PARTNERSHIP. A DELAWARE LIMlTBD PARTNERSHIP as Joint Tenants whoae legal .ddr.a, i,: 79 CLOUD NINB LAN], ASPEN. CO 81611 of the county of PlT.lUN and State of Colorado of the Grantee(s): VVl~ESS, That the Grantor, for and in consideration of the sum of C 5236.300.00 ... Two Hundred Thirty Six Thousand Three Hundred and 00/100 ... DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, barg8in_ sell, convey Bndconfirm unto the Grantee(s), their he'rs Bnd assigns forever, all the real property. together with improvements, if any, s~tuate, lyIng and being in the County of prr~ and State of Colorado, descrIbed as follows: LOT 10 POURTH AMENDBD PLAT OF BLOCK B ASPEN RIGHLANDS VILLAGI! P.U.D. AFFORDABLE HOUSING RESIDENCE'!, PHAS1l2 ACCORDING TO THB PLAT THBRIlOF RECORDBD 1ULY 25. 2001 UNDIlR RECl!Pl'lON NO. 456880 AND THB DECLARATION RBCORDED 1ULY 25. 2001 UNDER RECBPrION NO, 4S6879. COUNTY OP PITKIN STATB op COLORADO also known .s street nlJIiler 79 CLOUD NINB. ASPEN. CO 81611 TOGETHER with all and singUlar and t,ereditaments and appurtenances therel.l1to belonging, or In anywise appertaintng and the reversion and reversions, remainder and remainderc, rents, issues and profits thereaf; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s)" 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 appurtenances, unto the Grantee(s), their heirs, successors and assigns forever. TneGrantor, for ft$.lf, its sUccessors and assigns, does covenant, and agree that it shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and pe&ceable posses&'on of the Grantee(s), their heirs, successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor(s). BXCBPr GBNBRAL TAXES AND ASSESSMENTS FOR THB YBAR Zool AND SUBSBQUENT YI!ARS. AND BXCBPr THOSE MA'IT1lRS AS SET FORTH ON EXHIBIT' A' ATTACHBD JIllR!lTO AND INCORPORATED RBRBIN BY REFBRBNCB 457320 TRANSFER DECLARATION RECEIVED 08/08/2001 IN WITNESS WHEREOF the Grantor(s) have executed this deed on the date set forth above. 1IIlIIIIIIIIIIIIIIIIIlIIIIIIIIIIIIIU 1111111111111 ~~~~:~: I : 371 DAVIS SILVIA PITKIN COUNTY CO R 20." D 23.&3 HINES RIGHLANDS LIMITED PARTNERSHIP, A DELAWARE LIMITBD PARTNERSHIP ND INGCORPORATION. A DELAWARE ALPARTN1lR CBPRESI <t~ STATE DF Colorado County of PITKIN ) )$s. ) The foregoing instrument was acknowledged before me on thfs day of Au t03 2001 ROBBRTE.DANlBL JR. VICBPRBSlDENTOPASPBNHlGHLANDSSKllNG CO RATION AD AWARE CORPORATION. GENERAL PARTNER OF RINES HlOHLANDS LIMITBD PARTNERSRIP. A DBLA WARE LIMITED ARTNIlRSlIlP My Commission expires My eomnla.lon ..plr.. 08119/2001 Witness my hand and official seal. N~me and Address of Person Creating Newly Created Legal Description ( 38-35-10 .5, C.R.S.) EscroW# Q382208 Title# Q382208 Form No. 16,R.v 4-94. SPECIAL WARRANTY DEED (Photogr. hie SPEC.WD.OPEN) When Recorded Return to: L. CHI AND WALTER D. CHI 79 CLOUD NINE LANE. ASPEN. co 816" . t""", ,'V OF ASPEI\ ' riRETI PAID QAE'ilE~ {) NO O'~r :;,~ <.) l(:6~ Z5 \ '). l ~ l t1 Crry OF "'-.-'EN DATE WRETT PAID O~ ~3.o ~ NC(J I:) \ \ \ Filed for record the Reception No. day of ,A.D. . at o'clock M. By RECORDER DEPUTY. SPECIAL WARRANTY DEED 11fIS DEED, Made on tf't i s day of between AUiUs! 09 , 2001 HINES HIGHLANDS LIMITED PARTNERSHIP. ADELA W AIlE LIMITED PARTNERSHIP ~.~/' , , , , , . ;":) , ~.J./ 'G:; > "\ of the County of PITKIN and State of Colorado , Grantor(s). and COLLEEN DELIA AND MARCELO PERREIRA AND JOAN DELIA, as Jo i n t Ten ant s ""ose legal address i.: P.O. EOX 3427. ASPBIh CO 81612 of the. county of PIT N and State of Colorado of the Grantee(s): WITNESS, That the Grantor, for and in consideration of the sum of ( $236.300.00 ... Two Hundred Thirty Six Thousand Three Hundr~d and 00/100 ... DOLLARS the receipt and sufficiency of which is hereby acknow~edged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain. sett. convey and confirm unto the Grantee(s), their heirs and assigns forever, all the real property. together with improvements, if any, situate. tying and being 'n the County of PITKIN and State of Colorado, described 8S follows: LOT 9 POURTH AMENDED PLAT OP BLOCK B ASPEN HIGHLANDS VILLAGE P.U.D, APPORDABLE HOUSING RESIDENCES. PHASB 2 ACCORDING TO THB PLAT THEREOP RECORDED JULY 25, 2001 UNDBR RBCBI'110N NO. 4S6880 AND THE DBCLARATlON RECORDED JULY 2S. 2001 UNDER RECEPTION NO. 4S6879. COUNTY OP PITKIN STATE OP COLORADO also known as street number 91 CLOUD NINB, ASPEN. CO 8161 1 TO~T1lEll with all and singular and hereditaments end appurtenances thereunto belonging. or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereofj and all the estate, right title interest, claim and demand whatsoever of the Grantor(s). either in law or equity, of. in and to the above bargained premises. with the hereditaments and appurtenancesj TO HAVE AND TO HOLD the said premises above bargarned and described wfth appurtenances, unto the Grantee(s), their'he'rs, successors and assigns forever. The Grantor, for itself, its successors and aSSigns, does covenant, and agree that it shall and wfll WARRANT AND FOREV~R DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee(s), their heirs, successors end assigns, against all and every person or persons ~ claim'ng the whole or any part thereof, by, through or under the Grantor(s). EXCEPT GENERAL TAXES AND ASSESSMENTS POR THB YEAR 2001 AND SUBSBQUBNT YEARS. AND EXCEPT THOSB MATTERS AS SET PORTH ON BXHIBIT 'A' ATIACHED HBRETO AND INCORPORATED HEREIN BY RBPERENCB, 11111111111111111111111111111II111111111111111111111 ~~;~~~:1:2: 50P SILVIR DRVIS PITKIN COUNTY CO R 20.00 D 23.B3 IN WITNESS WHEREOF the Grantor(s) have executed thfs deed on the date set forth above. 457894 TRANSFER DECLARATION RECEIVED 08/23/2001 HINES HIGHLANDS UMITED PARTNERSHIP. A DBLA W ARB UMITED PARTNERSHIP GCORPORA ON, A DELAWARE PARTNER ' CBPR E ~ ~ Colorado County of PITKIN ) )9S. ) The foregoing instrument was acknOWledged before me on this day of AUllustk 2001 , by ROBERT E, DANlBL. JR.. VICE PRBSIDBNT OP ASPEN HIGHLANDS SKUNG CORPORATION A DELAWARE CORPORATION. GBNBRAL PARTNER OP HINES HIGHLANDS LIMITED PARTNERSHIP. ADELAWARB LIMITED PARTNERSHIP res My commission expires Witness my hand end official seal. My Commission 08/19/2001 . Name and Address of Person Creating Newly Created legal Oescription ( 38-35-106.5, C.R.S.) Escrow# Q382204 Title# Q382204 When ~eeorded Return to: COLLEEN DELIA AND MARCELO FERREIRA AND JOAN DELIA P.O. BOX 3421. ASPEN. CO 81612 Fonm No. 16,Rev 4.94. SPECIAL WARRANTY DEED (Photogra ic SPEC.WD.OPEN) r-, A ~' ,,-1 , crrv OF ASPEN WRE1T PAID DATI I ~(\ Ch =21-0' "C:JS'" NO. \-z. 01 ~ ~iled for record the Reception No. day of ,A.D. . at o'clock M. By RECORDER. . DEPUTY . SPECIAL WARRANTY DEED THIS DEED, Made on th i $ day of between AUl!ust 10. 2001 ./)/' ~?3/' '<,..J> HINEs HIGHLANDS LIMITED PARTNERSHIP. A DELAWARE UMITED PARTNERSHIP of tl1e County of PITKIN and State of Colorado , Gratltor(s), and BRET A, COOK AND CARMIEG. COOK, as Joi nt Tenants whose legal address Is: 99CLOUDNlNEL~ASPEN.C081611 of the County of PIT-tuN and State of Colorado of the Grantee(s): ~ss, That the Grantor, for and in consideration of the sum of ( $236.300.00 *""... Two Hundred Thirty Six Thousand Three Hundred and 00/100 ... DOLLARS the receipt and sufficiency of ~;eh is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), their heirs and assigns forever, all the reaL 'property, together with improvementsf if any, situate, lying and being in the County of PITKIN and State of Colorado, described as follows: LOT 8 POURTH AMBNDED PLAT OP BLOCK B ASPEN HIGHLANDS VILLAGE P.U.D. AFPORDABLE HOUSING RESIDBNCES. PHASB 2 ACCORDING TO THE PLAT THBREOF RECORDED JULY 2$. 2001 UNDER RECEPTION NO, 456880 AND THB DBCLARATION RBCORDBD JULY 25, 2001 UNDBR RBCBI'TION NO, 456879, COUNTY OP PITKIN STATE OF COLORADO also known as street number 99 CLOUD NINE LANE, ASPEN, CO 81611 TOGETfUER with all and singular and hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right titte interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HA.VE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Granhe(s), their heirs, successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant, and agree that it shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee(s), t~eir heirs, successors and assigns, against all and every person or persons claiming the whole or any part thereof. by, through or under the Grantor(s). BXCEPT GENERAL TAXES AND ASSESSMENTS POR THB YEAR 2001 AND SUBSBQUENT YEARS. AND EXCBPT THOSB MATIERS AS SBT PORTH ON BXHIBIT "A' ATTACHBD HERETO AND INCORPORATED HBRBIN BY RBPERBNCE. 457831 TRANSFER DECLARATION RECEIVED 08/21/2001 INVVIT~SSVVIrE~OF the Grantor(s) have executed this deed on the date set forth above. HINES HIGHLANDS LIMITED PARTNERSHIP. ADELA WARE LlMITBD PARTNERSHIP "t;t/ ~ STATE OF 1111111111111111111111111111111111111111111111111111111 ~~~~::1 :3:22~ . SILVIR DAVIS PITKIN COUNTY CO R 20.00 D 23.63 The foregoing instrument was acknowledged before me on this day of AU2ustll.2001 by ROBERT B. DANIEL. JR.. VICB PRESIDENT OF ASPEN HIGHLANDS SKIING CORPORATION. ADELA WARB CORPORATION. GENERAL PARTNER OP HINES HIGHLANDS LIMITED PARTNERSHIP. A DBLAWARB LIMITED PARTNERSHIP Colorado County of prr~ ) )ss. ) My Commission explres My conm; ss i on e.pi res 08/19/2001 Witness my hand and official seal. Name and Address of Person creating Newly Created Legal oescription ( 38-35-106.5, C.R.S.) Escrow# Q382201 2 Title# Q382201 Wheh ~ecorded Return to: BRET A. COOK AND CARMIE G. COOK Form No. 16,Rev 4-94. SPECIAL WARRANTY DEED (Photogrepnic SPEC.WD.OPEN) 008'0 .5'1'1111.1I""""") Hal:! 07 03 10:15a . Otte ~ Cote C.P.A.s, P.C. t"""'J 970-925-1160 ~ Hal:l 06 03 10:33. Je~Fre~ Hal~ert~ D@si,n (9701925.6035 MAY'06-2003 TUE 10:OB AM FAX NO. P. 0\ 130 S. Galena Sf, AsponCO$1611 (970) 920.5090 (970\ 920.5439. fax Aspen Community Development Department Fax " k--t-m' %~ \r~t?n To: Jeffrey Halferty From: JalOOS lindl Fox: 925-6035 ~.!I"S: PhQl1e; .....'" 516103 Re: Highland. Decks "el C1 Urgent D For .evlew 0 Pie... Co1'fttftet\t [1 P!tt8se Iteply o PI_a.. Recyde . COMmBflts: Hi Jerfrey. Here i.1\\e ~na1 approvod copY of ,he Highl.nd$ Deck Amendment. Please N1ve the owne" 01 Leis 8- 11 sign page 3 of U1e memo and relurn it Ie me, This insures that they accept the conditions of app,oval Piease1et me !<nOW n you haVe any questiOns, Thanks. James 1 p.1 p. I Mal1 07 03 10:15a Otte f'1 & Cote C.P.A.s, P.C. 970-925-1160 M Ha~ 06 03 IO:34a Jefrre~ Halrert~ Desi~n FAX NO. (970)925-6035 P. 02 nAY-06-2003 lUE 10:09 A~ MF.MORANDlJM TO: JllUe Ann Woods, Community J}e:velopmcnt Director FROM: James Limit. Plant\e,'~"",,-- RE: Higbl'."s PUO ClarifiellliO.' Alrordnble HOllsing D.ek AlIow.nee DATt!: April 29. 2003 APPUC4Nl'S: ;;,ik Larson, Wollor Chi. M><cclo reM;"', and !leel! Cook. represenled by Jeffrey Halferty LOCATION' Lot. 8-1 I. BI""k B. ....p.n Highl.nd, Village PUD ZONING: RIM\' I'U\) REVIEW I'nOCElIVRE: Insubstl.\l\tial amcl\drucllts to an approved pun may be approved. I1pprovcd with coru.t1Lions. ., denied hy the Community Develll!"neltt Direct.'. pt"suo"t \0 Section 26,HS.I00(A), PlJD IfI.tUbSlrmli,,1 Amendmen/~'. UACKGROllNO: Tho owner.< of LoiS 8-11, Bl.ck Il, of Ih. ASpen Highlands Vill.g, PUll (69 Cloud Nine 1.",.,79 Cloud Nine lone. 91 Cloud Nine Lone, and 99 Cloud Nine Lano), bove .ppliod for an i.subsl.nti.1 PUD "mc"Jmolllln the npprov.d A,pen Highla",ls Villas. I'UD 10 build I.rger dccks on Ihe r..r of their .ffordable housh'g unils, The nl,proved l'UD allows lbr decks to be exempt (rQIll flour an::a calcuh\li!')I\S up \0 \ S% of the maximmn floor nrc:l. snowed ror tho \ln11.$. The ,'un flJrlhcr Sl"tt-S that, \ltlle Jldut' (lI'lJ(l. ()f (i huilding. or [><lrfiOrl tlrcre(~l nor pmvilltJ w;Jh :mn'tmfu1ing exlltl'io; walLf :ihall i"clude ,he (fn!(l IJndr:r ,hI! hm'r.m1/{lII'N~jf!CIi(m 01 rCHJJjo or j1Olm,. when "ll! roof qr flam' ('xcccds five (5) !eC,", MONover. d\e PUD also indicates that, "Illest archile.t:lural projer:,i(Jn,r (Ire ex,,,,,,]>' for five (5) fee, rif IPc Iwrlm,'rer of each -,wy of ,h. dr"O",," ". Tho City lnning Om.., has intC\T'NICd this to melln that any deck i\rca U'lde\' a roof overhanG, lhill d\les not txtel1d more tluUl five (5) fi'Otn the exterior w.\t1 Qf the stl"t1chn't is exempt from allowable FAR and docs l1llt count towards th~ 150/0 exempt cleek un~(\ ~q\,iremen\. Thcrofon~, each of the fir-fordable housing 1Illi\s ill Block$;; ^ ;.\nd n ate :\l1oweli up to IS% oftheir nUowablc I;AR in Cx.cmrt (leek area and lhc nrea under" roof withil\ t'\ve feet of the CX\ctior w311 of \he buHdlng is tt\\Y\p\C\c\y e~empl (docs not even count towards the 15% exc-l"l"lp\ deck t\rea). S'r Uf COMMt:N'IS: The Thuodel'bowl Ncigl,h'fhood ""nsisting of lllo<ks ^ .nd ll. of tlle Aspon Highlands Villas. PUll woS l\llowed . IOlal of 24.750 squore fe.t of non.exempt floor arc. for liIlecn 2 p.2 p.2 Hajj 07 03 10: 15a ~e & Cote C.P.A.s, P.C. 970.925.1160 (\ Ma~ 06 03 10:34a Je~f~e~ HalfertM D@siCn 19701925.6035 Illw-oe'2003 TUE \0:09 AM FAX NO. P. 03 (I~) affordable housinS unilS. This provide..n .vo,-ase .Uowable Ooor.1\1t\ of 1.6S0 square feet for each urrordable housing unit, U1'lsed on nn ~lIowable I~AR of 1,650 ~q\.lare feet tor each of the aff~rd1'lblc housing units, an ftllow~\blc d~ck area of 241 $t)uare r"ol rer unit would be exempt frnm fAR calcul.lions. The applicnnt' h.w. nil propos"" rlccks Ih.t..e under IS% ofthei, aUowed l'Al{ if the .re. that is under a roof ovedlang is eKempled aut as i, .110wed by tho PUD. ).1 .ddilion. .11 of the propo.scU decks arc within the approued building envelope for the units. Moreover. the S.Hlitation District has been consulted ami has determined that the ten (0) foot wide utitity casement loc.\lcd on Lots 8 and 9 is for sanitary service lines Uz.'lt bCI1Ctit Ih~ units. 'rhcrcforo., it is only I'cquirt'u ll1o.1t u~ "ppHeant obtain ~ppf(wa\ of the condomitl\urn assuciO'l\ion to construct a dftck within this c::\scment. Thdt being th.: eAse. staff has requireu th~ npplicallt to submit l'l tC1.h.~l' of ronscnt from the condon,inium ~S5ociatian :It the lime: of huitdil\g permit subn1iu;t1 to allow for tbe dt-cks to encH).,\ch into the easelllent. 1'1 addhiM. th.: ownel' of Lot 8 has IImended his prapo,.d deck plall so th.tno pon/on o!'lhe proposed d:e~ks will enema!;h upon the utility ea~men\ lhat runs p~rallcl to 'I1nmdcrbowl '.ane 1.h~}l co.,ta,ns a Iflain waterli.m:. The npp\ic:\nts h:we obtnh1cd the approvul of\hc ASI)cn Highlands Village Affordable Housine Assoeiation (i\uachcd:l~ r.xhihit uC") to construct the proposed decks on the su~iect properties. RECOtvlMF.NnATJON; Staff believe!; tha1. the proposed application meets the review standards fOf approving all in'l,b,tanti.1 run amendment to the PUD. Tbet'efore. ,t,lIl' rceonlmend, Ihal tho C~nllnunity Development Director approvu lhe proposed arnendn'l:llllt 11> snow for the decks. on 1.0ts 8-11, Illoek R orthe Aspen lIighl""ds ViIl.ge PUll to be constructed.s 1'1'01'0''''' on llll~ site plan and elevations 8t1ached os P.xhibit "9" with the conditions of I\pprovnl th..t a", Sl;' r0l1h billow. Al't'ROVAL: I hereby apprOve Ihi. illsubstanli.1 rUI) .nlendmont 1O .1I0w for Lot' 8.11. Block B, o!'the ^~l)cn I'Hghlands Vmnge PUD to 'COI\StL'lM;.t th~ l\c:cks on ttie rear of the ammJable housing units whh the following conditjDn: 1. H.eh tk...k shall be limited to fll\oen pcrceot (15%) of ,he eUoweble, FAR dediCt\~l\ t'Or each Ullit a!: is \I) be: dC\~rnlined by \h~ City of ^Spl:J\ 1.011'"& Omcer .t the ti",e of building permit The nneen percent (IS%) d""k requirement $11.11 bIl calculated b:lsed 011 Ihe methodOlogy tbr calcul.ting dock :lre.1. tl\'at ili set f'orth in the Aspen I UghlAnd$ Vil1ac.c pun (ll)l'lguage Oluac;hcd as Exhibit "D"). 2. The 8ppliCD.nts shall L1~e fir\: rcslst.tnt building matcri\\ls l.h.'\t a~ to be apf\roved by the Firl!! Mi'lrin:ll priOI' to building perlllh is!\uance, }, No purlio1\ of till} proposed decks shall er'lero3ch into the \11ilt\y CM>Cl'lCi\t 11181 ""RS p:uAllcl to Thunlkl'bowl Lal\c. 2 3 p.3 p_3 Ma';l 07 03 10:16a Otte ~ Cote C.P.A.s, P.C. r) 970'925-1160 ,~ t .~ Ha~ os 03 10:34a Je~r~.~ Hal~.rt~ DeSign FAX NO. (970)925-6035 P. 04 MAY-06-2003 TilE 10:09 All 4, rho oll/nm of Lot. 8 and 9 sl,.1I obtain a \cller of consent fronl t~ei, Condominium Association praor to huitdh,~ ~rmit sobmiUa.l to allow for thl:m ,," ("Y'.;~) 10 encroach upon the ten (~O) f~o~ wide utility ~~!>CI'I\:nt within which, ~eir ...),,'f', ~\...' oJ . decks :;\re proJ1O-red. nus ullhty t3Sement benellts the CondominIUm t. ~ -:. t . Associntil.1n. ~ 1.1l\\J ~l>-i ~\OI- ~~~t ",...\'l~"~~~ ~ r,~cctPTI\NC" ), as a p~f:'(\11 bCl'l'g ()l" reprt$'~:)'llia\g the ~plicant, do her~by "grcc 10 the condjtions of this ,\pp(1}v~,1 and (.~rtify the infonTlnlion proy' cd in this application is correct to 1h~ best of IHY knowledge. . I " dat'__J,&,0j' I i /\nn Woods. Comoul11ity Dev~loptncnt 6i~tor d.'te2- "'03 d,tcS - '-0) o~9 dnt. ~~_~~3 Cl'ik I-",...,n, Owner of Lot I I ATTI\CHM~:N"'S: Exhi~it A " Iteviow CritC'.' and SlaffFindings Hxhihit 8 ~~, ^pplicl.\tion Ill<hibil C .' Aspen IIighlMds ViII.ge Anordablc Housing Association LcUerofConsenl I'.shibil D __ Aspen Ilighland. ViII'go PUD Deek Calculation MOlhodolo~y 3 4 p.4 p.4 Ma~ 07 03 10:16a .. Otte & Cote C.P.A.s, P.C. f\, 970-925-1160 ~,." . Ha~ 06 03 10:348 Je~Fre~ Halfert~ Desicn FAX NO. (9701925-8035 P. 05 nAy.oe-2DD3 TUE 10:09 AM Exhibit A Review Criteria & Staff Findings Insubstantial rlJD Amend",.nt. The COllltllUn,tlY Development Director may authorize an il1~'\lbs:t:\Iltial ant~nd"lent \"0 (\1\ npprovcd: developmen.t ifthe proposal ll"leets the following review sland~rds: t A change in th~ use or c:hlmlCler of1hli; developmcot. Sll\!f t'lndinK: St"f! does not believe that the rroposed amendment is hwvn~istcnt with the U~e or chamcler of the tin~\l phmtlocd unit llt!velnpmcnt. The approved pun g'vc~ the affordable ho..~ing IUlilS an alluwaucc of ex.mp' deck space equivalellt to fifteell I,o,-celll (IS%) of the allow(lble VhR for the units. Th...f'...., staff fcels Ihill ,he proposal l:i ~il1l.plyllsing the ~x.cn.l.pt d~k space that they were provided i~) the l'Uflllpproval. St.,lf linds thi. criterion to be met 2. An increase by grealer th"l1 till'''. (3) peteCllI in Ih" o\'erall eOV-fage of stfllclllres 01> Ihe land. Ji.loff Findin!!;, The a",,,ndment does 1I0t in"."'. the overall coverage of Str\ICtUT'~ on thc l.nd, Stall'linds tltis cril.rion 1I0t to be applicablc. 3. AllY ,unclld.l.ucnt t11al s\\ostallliaUy incr~ascs triP. generation rates oft1\c proposed developmcllt. OT thc dcomnd rl>r public facilities. Staff Findln~l Tl'ip generation and dcm81\d for Illlblic illfrastruemcc arc 1101 l\11cCled by this lIltcralioll to Ute run. Slafffimb Ihi~ crhcdoll nolln be applic>,ble, 4, A redllclion by s"",ter than three (3) ""rcent oflhe lIl'llTOVCtl opell_1"C., SI.ffFi",lin~ The amount of open 'pace will nlll be redueed by grcalcr tl131\ Ihreo (3) pcrcen' as r. rcs:ult pfthe propc):;;:ed nml!l\dmcnt. Starr finds this c\iterion to be met S. A reduolion by greatel' tban 01\" (I) percellt oUbe on~strcet parkiog and loading space. l!1~lr l'indi"K: The applicants are I\ot requesting o.n amendment to the eXJ.<;tmg. ot l'CQuircd IIlImber orparkill~ spaceS. S\allflOds this crilerion IIOt 10 he applicable. 5 p.5 p.5 Ma,~ 07 03 10: 16a Otte L Cote C.P.A.s, P.C. (""'>" 970-925-1160 ~ Ma~ 06 03 10:35a JeFFre~ Ha1fert~ Desi~n FR~ NO. (9701925-6035 P. 06 nnV-06.2003 WE 10:10 AM 6. A rcJuctiot\ in tCCl.1.1lred pavement wiulhs or riGhts~of~way H,)r ~n~ct~ :md c:\scmCllts. StolT Findlllll.'. The L'lpplicants nre not proposil'lB Ch3.11gCS to right~of-way widths. In :1dditjol'~. the ~lJ'l1)licants have r~eivr:<.\ c(\n~nt fro1l'\ the CondOJllinsun'l. Association to construct the decks within the utility CClscmcnt 011 Lo1,~ 8 tlnd Y lh31 contains Si1uitary :iCl"V;ec 1 ines.. Staff Hnlts \hi:; criterion to be m~t 7, An incrcase of gr.ater [1,"" (W" (2) llcrcent in th. approved sross leasable noor area ol" commercial buildings, Srdr Findina: The applicant< arc not proposing changes to a commerci,lI building, Slaff finds this c,ilerioll not 10 be, applicablt. 8, An incrcOlSC by greillerth:mcllC (I) p"",enl il, Ih. approvcd residenlial density of the dcvelofnnent. ~laff Findjn~: The nppli"IIlU~ arc not propcsil1~ II chansc ill the residential density, Staff films Ihts ulterioR nolla 1>: applicable, 9. ^ny chrmge which is inc,onsistent with. a col\dition or representation ofthc. project's original npprllVtl.t or which requires grohltinc a further vurit,tion f100m the p1'Ojecl's Il.ppro\'oo use or dimcnsimml rcquircrncnts. Staff Findin!!;' The proposed amell<lmel,t ;s eMs;'t.n! wilh the project's originnl npproval. The approved PUO gives Ibe arfordahle housing unilS an allownnee of exempt deck space equivalent to Jille.., porcent (15%) of Ihe allowable rAil. for the unils. Therefore, staff feel. lllilllhe proposal is simply \\$hIS the exempt deck space lh.t they were provid<<l in the PUD approval. S,,,i'r lim!s Ihis critcriOllto I", met. 6 p.6 p.S . ,I'!a;.l 07 03 10: 16a Otte L Cote C.P.A.s, P.C. 970-925-1160 r--, ~ p.7 Aspen Highlands Village Association 715 W Main Suite 304 Aspen, CO 8161l Tel: 970/920-2248 May 2nd, 2003 Erik Larson 69 Cloud Nine Lane Aspen Highlands Village Aspen, CO 81611 Re: Final Submission Deck at 69 Cloud Nine Lane Dear Erik, Thank you for your submittal presented at the Aspen Highlands Design Review Board (DRB) meeting on May I", 2003 to discuss the Final Design Submission for your deck at 69 Cloud Nine Lane, The Board hereby approves the revised deck plan based on the design and materials information provided at the DRB meeting, It is assumed, based on your word, that permission is granted from the entities stated in the Conceptual Design Approval letter dated August 28"', 2002, If you have any questions you may contact me at 920-2248 or Deborah@Beachresource,com ~2 The Aspen Highlands Association for Beach Resource Management. t"""'\ ~ j e f f r e y h a I f e r t y d e s 9 n 215 S Monarch St. suite 202 Aspen, Colorado 81611 (970) 920-4535 (970) 925-6035 Fax DATE: 4/27/03 TO: Community Development Department Planning Office Alln: James l.indt FROM: Jeffrey RE: Aspen Highlands Cloud Nine Lane Deck Request Lots 8,9,10 and 11 Aspen, CO, 81611 We have addressed the setback issue to confonn to the existing setback to the south as requested for Lot 8 (Cook Property), Area of Decks Lot Number Name Gross Area Area Under overhana Area of net deck Lot 11 500 sq. ft, 290 sq, ft, 210 sq, ft, Larson Name Gross Area Area Under overhana Area of net deck Lot 10 363 sq, ft, 115 sq, ft. 247.6 sq, ft, Chi Name Gross Area Area Under overhana Area of net deck Lot 9 288 sq, ft, 48sq, ft. 240 sq, ft, Ferraria Name Gross Area Area Under overhana Area of net deck Lot 8 500 sq, ft, 270 sq. ft, 230 sq, ft, Cook 03/21/2003 FR! 08:15 Jeffre~ Halfert~ Design FA-./"': IS?OIS25-6035 p.l 1lI001/00~ Mar 24 03 02:0Sp n , .I1tJjJm Comolidtded lJnnittdion District , 565 N. Mill S.. NI"'I1. CO 9'/M2H60J fu: 970-925.2537 ~C~~~IE TRANSMISS:.~N TO:_'::'..&f'fre.t:/' FROM: ~'>r-- bi<At!WU f:_ OOMPAl'!y:,__):hLr tdftl ~>Ir;.u FAX NO: 97S~vD3) 3-;2/.03 ..-....-. _._~ DATE: NO. OF PAGES: :3 RE; --.- -.-- - -'--'---. Urgent _ POl Rev~ew __ Ple..e Coronient '"__ Pl..s. Reply_," PI.... Recycle_ 1 I Mar 24 03 02:10p Je~~re~ Hal~ert~ Design (970l925-6035 p,3 03/21/2003 FRl 08;18 FA1~ (\ ~003/003 12:2Sp Jerrre~ H~lrer~~ Design 16.JI92S-S035 p.2 Mar 20 03 ~ '.. "":.:iOJIii'--P"'''.' '~'r.\"!VI,'t\~~ S' .., .' ~,."., ,:;~v$"~~"~':"'~""7':"":.. ~'/. ./:,.<,.:~~~'ilf~~~,~*) h ;,.~:;o'.:r".-,~,' .', J' '..... '\' '. j' . . of".", f '.~ ~ , " . '. .,4': .....':, / "",. ",' )s ;' ;/' ~. :3;[ '," " /'\ , \,,1 " '" N,. .,l./' ~... .t/ ,'~i$ ~'I~' / ,i / . ' _J. i .......-....--._ -l " /J/Iily I Ed-' I I S' utility EtlftImfIi '(P/tIt IJJc -fl. ,., I) I I I I I I f'l. I I '! , .!......:.i "j. ,A..:' ';~,~. '?r~.. , \ \\ ,; , .~ 1\ II" . ~ Ql Gg;i , , , l\ i, :! ;\ I! ,\ " il .. '\ 'j ; ~ , ~ 'I :1 , ; ,: !' If I I ~ __'(1(1"/r '11I.-' I: '.' Lot 8 ~,AC'"'.-' I " .~ I ,,'I ~ :. (J !/ I:' , " , ,_ :")' ! 'Q . lit tI '~ . , , , .. .. , :'" :~H :...t~ ;-; ~ , _,~f-. , i~ ~;4rl; ~lc: l ",''': ' ""';iO ~ ':r>f ; , , , I .~ ,(") :! wc117@ci.aspen.co.us, 01 :08 PM 04/14/2003 , Deck Application Update To: wc117@cLaspen,co,us From: James Lindt <jamesl@cLaspen,co,us> Subject: Deck Application Update Cc: Bcc: Attached: Hi Walter, I just wanted to give you quick update on your deck application, I have asked Jeffrey Halferty to change the deck plan for Lots 8 and 9 and resubmit it to me because Phil Overeynder (Water Dept) said that he could not approve of the decks going in the utility easement as they were originally drawn, So, I am in a holding pattern on this until I get the revised drawings from Jeffrey, If you could, please let your co-applicants know the situation, Please let me know if you have any questions, Thanks, James Printed for James Lindt <jamesl@ci.aspen.co.us> 1 t"""\, f") j e f f r e y h a f e r t Y d e 5 9 n 215 S Monarch St. suite 202 Aspen, Colorado 81611 (970) 920-4535 (970) 925-6035 Fax DATE:3/12103 TO: Community Development Department Planning Office Attn: James Lindt Minor P.U.D Amendment Aspen Highlands Cloud Nine Lane Deck Request Lots 8,9,10 and 11 Aspen, 0081611 Review StaJ).dards: Minor PUD. The development application for Minor PUD complies with the following standards and requirements. We feel we have addressed the areas outlined by the goals in the AAC. Plan. A General n;quirements, 1. The proposed development is consistent with the Aspen Mea Community Plan. 2, The proposed development is consistent with the character of existing land in the surrounding area. 3. The proposed development does adversely affect the future development of the surrounding area. 4, The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. ,- MEMORANDUM /"'\ To: Development Review Committee From: John Niewoehner, Communify Development Engineer, DRC Case load Coordinator Date: April 1 0, 2003 Re: April 9/03 DRC Meetinq Minutes: Cloud 9 PUD Amendment to Install Decks Attendees: James Lindt, Community Development Department Ed Van Walwaven, Fire Department Tom Bracewell, Sanitation District Jannette Whitcomb, Environmental Health Brian Flynn, Parks Department Denis Murray, Building Department John Niewoehner, Community Development Department At the April 9, 2003 meeting, the Development Review Committee reviewed a proposal to allow larger decks for four units at the Cloud 9 Condominiums, DRC COMMENTS: Sanitation District Comment: The utility easement shown on the plan appears to be for sewer services, If so, the only the Condo Association needs to give permission for decks over top of the service lines, The Sanitation District does not become involved, Water Department Comment (via e-mail): The Cloud Nine deck proposal will be in conflict with an easement for the Maroon Creek Pipeline, The proposed plans show an encroachment for the deck within the easement area on Lot 8 The plans need to be adjusted to eliminate this encroachment, eliminating any footings or above ground structures, This facility is one of two pipelines which provides water supply to the entire City and any encroachment is unacceptable, Parks Department Comment: Highly recommend stilt construction, Obtain tree removal permits if necessary, Fire Department Comment: At the time of building permit, if the Fire Department determines the decks to be highly susceptible to wild fire danger, fire resistant building materials will be required on the perimeter of the decks, /DRC/Cloud9-Decks . , (\ () Name: Location: :111. ATTACHMENT 2 -LAND USE APPLICATION C/'-OV/;> }.I/Nt:- L;hJE IJ&-k- ?/!dJEc-T &,q 71 81 "I CJ.,()v6 "'/I,iS !ANtE 'cate street a ess, lot & block number, Ie I descri tion where a ro riate LPrs i', ""I 10 ~ II l/'fJ!. Ami>. PL.w- tJj:- 8~k B Cl.., A VI LL ~ Z, LE; 1"';',I!!;;s. 1iI1S"E-,.. ON lJ./J?-t;7FL c (/ ~ 8/fii!er q 7'l q, I Joi,;.JG tAtJe- As eJ b~ rl , ,. - %>'13 1'J..S"-"I'1~ ~<I-(""S- t/-1'Ip/pg APPLICANT: Name: Address: Phone #: REPRESENTATIVE: Name: Address: Phone #: PROJECT: "f~ Hi1t-l1::i if!)' "?\kb . '" - '-f(~"-- ST, A ~ 0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt. 0 Special Review 18- Final PUD (& PUD Amendment) 0 Final Historic Development 0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt. 0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition 0 GMQS Exemption 0 Subdivision 0 Historic Designation 0 ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion! Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane 0 Lot Split 0 Temporary Use 0 Other: 0 Lot Line Adiustment , 0 TextJMap Amendment Have you attached the following? FEES DUE: $ S-.t>O o Pre.Application Conference Summary o Attacbment#l, Signed Fee Agreernent o Response to Attachment #3, Dimensional Requirements Form o Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. ,,-, Erik J. and Janet L. Larson 69 Cloud Nine Lane Aspen, Colorado 81611 (970) 925-1160 r>. ^~/ February 19, 2003 Paul Twohig, President Aspen Highlands Village Affordable Housing Asso~iation Aspen, Colorado Re: pun Amendment To the Board Members: We are seeking approval from the Board to go before the City of Aspen Planning and Zoning Commission to seek a PUD Amendment required to build our decks located at 99, 89, 79, iind 69 Cloud Nine Lane. We presented our design/plans to James Lindt at the Planning Department and the process needs to go to P&Z. James tried to get it through administrative review/approval but we need to take it to the next step. This process is not a FAR issue. . /'"1 .~ ",' I /,/.' ,/ / // .,;:;;:::::::..----~,:'- I ~"" ,., /' J~./' 1-" Paul Twohig, President d- <d- -1-63 . Date r"'i n ~ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Al!reement for Pavment of City of AsoenDeveIooment Aoolication Fees CITY OF ASPEN (hereinafter CITY) and Efl-I k. LA-e.f>o"; lJ./h-n:e... cui (hereinafter APPLICANT) AGREE AS FOLLOWS: 6e&r) Co.!>/-:.... I I/IMlL.eU:> H::e.-1Ui ~ i , 1. /J APPLICANT has submitted to CITY an application for rvD .4r11&Jbf/l6.br 7D t3Utl-b B"'T'EI2-tbR.. (hereinafter, TIIE PROJECT). h~ 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT. and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of th.e parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be bilIed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrne following their hearings and/or approvals. APPLICANT agrees he wi11 be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it wi11 be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is irupracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required fiudings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ $"~ which is for -2:.! b hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional, monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of$205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds suspension of processing, and in no case will building permits be issued until all costs associated with case proc .. g hav been paid. ~O ~ CITY OF ASPEN . APPLICANT . ~K \~~4~ By: Julie Ann Woods Community Development Director By: Date: , ""5/~/03 , Mailing Address: g: Isnpportlformslagrpayas.doc 1/10101 {AIZ-Sa!'-l - ~ BcJ,)I.. '31;)-, f ~f5J Cl-I i - 1., CLDub ,J,..i&- W&-/ kfGtJ ~/Ut _ "Pc. 80.. 3<fZ7, t1s~ CRL>k. - '1"1 C~l"b tJ,rJli LA+Je-, AsfEtJ $t8wart kEt"t'4r ~'iji. ,~,:,-.....;.' .;> &. ~~c:::::~,{~ ( e"'"'' r.:'StarwoOd\. \~ 1\ )~ \J'\ ' / #)~/ ~f'\ )/ .,,~~^ -, )lil~ ~\:\ , It- To Sno~.mas~ . ..,d~e ~ '\ end G1enwood Springs ~:: '""", "~~}:~"t~" \ .z.... ~ ,\4<1"D, 1)1 ~ '~~ 11 ~\"\ I"~~c -,,\ (\., LJ >L.;r '"" ~~\~... ~i \ \ '0.". "1 . f.':;;\~+'k ~, 4-q, ~~..' ~--./\1.'l< (<!-"~"' ,........, I 11 ' . I ' ~, .' l \ ~"- 1 ____/J . \l / ~Q % 11>_ " ... ~ \'7eq" ~ \ \ (4-\9 \1\ \:l)~ l,.:gN tJ $,\", .~'g ...~.... \ ~ .~\\\.~~ ~ ) \I,i"'''.... ... ~ . "'~, ,.... ,......I.! \.f)'< ..:/ ~ r'" \ , , I ; f I ! , / {./ l/ ,. l/ WbJtu8ivar Natilinal fotest . ~G\,::.f:~~~""'" '(\\)".., ~~!~~~........ .... / /C t.4v(> J./;.J/ii- l.,.;, I'VIliteRiyer Neuenal FfJfqsl StagaRd .'f:c,..",. -.-,.; ~'" \ \::i.:.:_. \ \ ';." ~ \ V~}C"" ~. ~\J r~fl<!- ~. !!o1Jl' Dr , 0\ ~ \ WekeDr \ MjluntainViewDI&i li ' ~J \...! ,~ ~ '''---~~nyln ~C~l1r J $~~ ~"'';-ICt'0 I '';'' 4 '" ~,~ ~, ~ _~ >...31 - fQ(jo" . ~~ ~ ~~!tQUrs9 \ i i;::",:/ lIEi' ',\.i 'i ~ l:sr 'L~ :9,.::! -.... -, \'M!il_ \",,': ~ ~ ~" ~" WhiteRi~tJr Natiol1al Faresr: r') ~ , .. . ..~ Cloud Nine Lane Deck Project . HomeoWllllr Listing for Proposal I. Erik J. and Janet 1. Larson as Joint Tenants 69 Cloud Nine Lane, Aspen Colorlldo Lot 11, Fowth Amended Plat of Block B Aspen Highlands Village P.U.D. Affordablll Housing Residences, Phase 2 According to the Plat thereofrll~orded July 25,2001 under reception No.. 456880 And the declaration recorded July 25,2001 under reception No. 456879 2. 1. Chi and Walter D. Chi as Joint Tenants 79 Cloud Nine Lane, Aspen Colorado Lot 10, Fowth Amended Plat of BlockB Aspen Highlands Village P.U.D. Affordablll Housing Residences, Phase 2 According to the Plat thereofrllcorded July 25,2001 under reception No. 456880 And the declaration recorded July 25,2001 under reception No. 456879 3. Colleen Delia and Marcelo Ferreira and Joan Delill as Joint Tenants 91 Cloud Nine Lane, Aspen Colorado Lot 9, Fowth Amended Plat of Block B Aspen Highlands Village P .U.D. Affordable Housing Residences, Phase 2 According to the Plat thereof recorded July 25, 2001 under reception No. 456880 And the declaration recorded July 25, 2001 under reception No. 456879 4. Bret A. Cook and Carmie G. Cook as Joint Tenants 99 Cloud Nine Lane, Aspen Colorado Lot 8, Fowth Amended Plat of Block B Aspen Highlands Village P.U.D. 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I" ~ ~ Pi ::9 8 :tJ 1:\ ~ :;j :>, ?3 ~ :;:j ,t:S ~ ~ .~ p,. ~ \') ~ Yl ~ () <: f_- <::"> '~. & {' , " \ \ \ \ \ \ \ \ \ ~. .-..."1 . t""'\ n j e f f r e y h a I f e r t y d e s 9 n 215 S Monarch St. suite 202 Aspen, ColoraOo 81611 (970) 920-4535 (970) 925--6035 Fax DATE: 3/12/03 attachment 7 TO: Community Development Department Planning Office Attn: James Lindt FROM: Jeffrey RE: Aspen Highlands Cloud Nine Lane Deck Request Lots 8,9,10 and 11 Aspen, CO, 81611 We have addressed the development review standards, We feel the proposed development will meet the design review standards put forward In the A. A. C, p, 1, The proposed development is compatible in general design scale, site plan massing and volume with the surroundings located on the parcel. 2, The proposed development is consistent and reflects the character of the neighborhood of the parcel proposed for development and will be a not be negatively noticeable from the neighborhood, 3, The propo~d development enhances and does not detract from the character of the neighborhood. 4, The proposed development would like to request to change the allowable FAR. percentage limitation from 15 % to 30 %, The development will not detract from the goals outlined in the AAC,P, Yours Truly, J_q . r"l ("">, j j e f f r e y h a f e r t Y d e 5 9 n 215 S Monarch St. suite 202 Aspen, Colorado 81611 (970) 920-4535 (970) 925-6035 Fax DATE:3/12103 TO: Community Development Department Planning Office Attn: James Lindt Minof P.U.D Amendment Aspen Highlands Cloud Nine Lane Deck Request Lots 8 ,9,10 and 11 Aspen, CO 81611 Review StaQ,dards: Minor PUD. The development application for Minor PUD complies with the following standards and requirements, We feel we have addressed the areas outlined by the goals in the AAC. Plan. A General requirements. I. The proposed development is consistent with the Aspen Area Community Plan. 2, The proposed development is consistent with the character of existing land in the surrounding area. 3_ The proposed development does adversely affect the future development of the surrounding area. 4, The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. N.A. ,r) r-., B. Establishment of Dimensional Requirements: N.A. .. 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources, 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. 3, The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city, 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. b) ~ r-.. 5, The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers, The effects of the proposed development are detrimental to the natural watershed, due to runoff" drainage, soil erosion, and consequent ,vater pollution. The proposed development-will have a pernicious effect on air quality in the surrounding area and.the City. The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site, b) c) d) C. Site Design. The prop<,>sed development-complies with the following criteria: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided 6. Site drainage isactonnnodllted for the propOsed development in a practical and reasonable manner anl! shall not negatively impact surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use, D. Landscapt; Plan. The purpose oftbis standard is to ensure compatibility ofthe proposed landscapt; with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: r'\ , I. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness an\l interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate, E. Architectural Character. It is the p\lfPOse of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its p\lfPOses, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development is: I. compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less- intensive mechanical systems. 3, accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. F. Lighting. I. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands, Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. G, Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria is met: I. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natura1landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2, A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner, 3, There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. - N.A H, Utilities and Public facilities. N.A Existing 1. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: ~"'C,,;