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HomeMy WebLinkAboutLand Use Case.710 S Galena St.0008.2004.ASLU ~. .~. '" City of Aspen Community Development Dept. CASE NUMBER 0008.2004.ASL U PARCELID# 2737-182-96-003 CASE NAME ANDERMAN 8040 GREENLINE --r-M-E..lr6;KINS 71 0, )' .Gc~''t1 PROJECT ADDRESS PLANNER JAMES LINDT CASE DESCRIPTION GMQS, ESA, RES DESIGN STANDARDS REPRESENTATIVE V ANN & ASSOC 925-6958 DATE OF FINAL ACTION 04/20/04 CITY COUNCIL ACTION PZ ACTION APPROVED W/CONDITIONS Reso. 12-2004 ADMIN ACTION BOA ACTION DATE CLOSED 4/20/04 BY D DRISCOLL r'1 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the .initiation date of a three-year vested property right. The vested property right shall ~xpire on the day after the third anniversary of the effective. date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect,.. excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Aspen Land Fund LLC c/o CW A Development LLC, 302 E. Hopkins Avenue, Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Lot 4, Tipple Woods Subdivision, City and Townsite of Aspen Legal Description and Street Address of Subject Property 8040 Greenline Approval and Variances from Secondary Mass, Building Orientation, and Build- to-lines Residential Design Standards to construct a new single-family residence Written Description of the Site Specific Plan and/or Attachment Describing Plan Planning and Zoning Commission Resolution No. 12, Series of2004, 4/20/04 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) May 1, 2004 Effective Date of Development Order (Same as date of publication of notice of approval.) May 2, 2007 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 1 sl day of May, 2004, by the City of Aspen Community Development Director. Jul" Ann Woods, Community Development Director r\ ,.. . ..1 PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public ofthe approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot 4, Tipple Woods Subdivision, by resolution of the Aspen Planning and Zoning Commission numbered 12, Series of 2004. The Applicant received 8040 Greenline Review approval and Secondary Mass, Building Orientation, and Build-to-lines variances from the residential design standards to construct a new single-family residence. For further information contact Julie Ann Woods, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colonido (970) 920- 5090. s/ City of Aspen Publi~h in The Aspen Times on May 1, 2004 RESOLUTION NO. 12 (SERIES OF 2004) A RESOLUTIQNQF Tm: CITY QJ.fASR~N:p~ANNJN(;'.Al,!I?~.~:):N:!N~. COMMISSION APPROVING AN 1) 8040 GREENLINE REVlEW ANQ2) APPROVING VARIANCES FROMT.:H...E BUILDING ORIENT.A. TI.ON. ,.B..UIL....D. -..T..O LINES, AND SECONDARY MAS~BE~jnENiiA:LDESiGN'S'TANj)AR[)~ F'QJlA SINGLE-FAMILY.RESIQEN~EQN'bQt'1:'QtT~'t'ifpi::E'W'O()D'S'".> SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-182-96-003 WHEREAS, the Community Development Department received an application from Aspen Land Fund LLC, represented by Vann Associates, LLC, requestjngapproval of an 8040 Greenline Review and variallc~s from the J:311ildil1g Orientation, Build-to lines, and Secondary Mass Residential Design Standards to constl'llct a 11~\V ~ingle-family residence on Lot 4, of the Tipple Woods Subdivision; and, WHEREAS, the subject property is approximately 3,792 square feet and is located in the ,Lodge/Tourist Residential Zone District; and, WHEREAS, the proposed development is located at an elevation gf approximately 7,990 feet above sea level and is subject to 8040 Greenline Review, pursuant to Land Use Code Section 26.435.020, EnviroYlmentally Sensitive Areas; and, WHEREAS, the Planning and Zoning Commission may approve development at or within 150 feet below the 8040 Greenline inconform..an... ce with. ..t. h..e.. revie..w.. criteria .." .... .. .... .. ...." ,'" ,....,_-_~........< _:' .'...,......>::....:'.:'... .0' :...... .:' .. .....".. " established in Land Use Code SectioIl26A35.039(C), 8040 Greenline Review; and, WHEREAS, the Planning and Zoning Commission may approve Variances from the Residential Design Standards wh~n the variance request is consolidated with another land use request in which the Commission has .the revi~w allt110rity; and, WHEREAS, the Community Development Department has reviewed the proposal and recommended that the Planning and Zoning Commission approve with conditions, the 8040 Greenline Review and variance. requests from the Building Orientation, Build-to lines, and Secondary Mass Residential Design Standards; and, WHEREAS, during a duly noticed public hearing on April 20, 2004, the Planning and Zoning Commission approved with conditions, by a four to zero (4-0) vote, the Anderman 8040 Oreenline Review and residentialg~sign standard variance requests to construct a new single-family residence on Lot 4, of the Tipple Woods Subdivision; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COlVI1VQ~~lQN~~J2!!...~,~: Section 1 Pursuant to the procedures and standards set forth in Title26 of the Aspen Municipal Code, the Andeftllan 8040 Greenline Revievv to construct anew single-family residence on Lot 4, of the Tipple Woods Subdivision is hereby approved with the following conditions: 1. The Applicant shall submit a detailed landscaping plan for approval by the City of Aspen Parks Department at the time of building permit submittal. The landscaping plan shall indicate that the Applicant shall re-vegetate any disturbed areas that are notwithil1 thy footprint of the proposed residence (footprint includes patio) to the satisfaction of the City of Aspen Parks Department prior to obtaining a Certificate of Occupancy. ' 2. The Applicant shall place a vegetation protection fence around. the driplines of any trees to be saved and shall havy the City Forester or his designee inspect the fencing prior to commellcing construction activities. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the driplines of trees to be saved. 3. The building permit application shall include the follQwil1g: a. A copy of the final P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for mitigation of removed trees, if applicable. e. The building plans shall demonstrate. an adequate fire suppression system approved by the Aspen Fire Marshal will be installed. A fire alarm system meeting the, requirements of the Fire Marshal may also need to be installed at the discretionofthe Aspen Fire Marshal. f. A constructi()nll1:"lllagement plan that details the proposed method and means by which the site will be accessed with ex<;:avatiol1(lnd grading equipment during construction. This plan shall also detail the proposed construction parking, which shall demonstrate that except for essential trade trucks, no other personal trucks are to be parked in the area around the site. The City encourages that site workers be shuttled in from the ail'Port parking area. g. A Geotechni<::al Report and study performed by a Colorado licensed Civil Engineer demonstrating how the required excavation of the site may be performed without ciamaging adjacent structures and/or properties. This study shall include a detailed de?cription of the slope stabilization and erosion control techniques to be used during construction. If the applicant utilizes soil pins to stabilize excavation cuts, the applicant shall be required to provide a financial assurance in an amount to be determined. by the Community Development Engineer. The City Engineering Department strongly prefers that the Applicants use soil hardening techniques rather' than soil pins to stabilize the excavation cuts. h. A drainage and erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. Silt fencing shall be incmporated into the erosion control plan. A 2-year storm frequency should be us~d ill ci~signing any drainage improvements. The drainage plan shall demonstrate that there will. be no increase in the site's historic runoff as a reslllt ()fthe newre~idence. 1. A letter from the primary contractor to the Community Development Director stating that the conditions of approval have been read and understood. 4. The Applicant shall provide a new, individual sanitary sewer service line to serve the proposed residence. The new service .lil1e shall..lll~et the, standards of the Aspen Consolidated SaJJ.itationPistrict. ,~ClJ1i!ary sewer service is contingent upon compliance with the Aspen Consolidated Sanitation District's rules, regulations, and specifications. 5. The Applicant shall install a ne\V \Vatyrs~ryic.~.El1yt()!hy}y~!4,yJ:1;S~t.1l.~tllle.e.!stge requirements of the City of Aspen Water Department and provides sufficient water pressure to serve the residential water needs and the fire sprinkler system that is required by the Fire Marshal. If the water lil1e is t() lJe shared .\Vith other residences, the Applicant shall sign a common water service line agreement and the residence shall have an illcliyiclll;;tl\V"l!yrlllytyr;I~eApplicant shallabandon the existing water service line at the main prior to making a new connection. 6. Prior to issuance of abuilding permit, all tap fees, impacts fees, and building permit fees shall be, paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fees pertaining to this propertyis finalized as part of the Residences at Little Nell Final PUD project, those fees shall be payable according to such agreement. 7. The Applicant shall abide by all noise ordinances. Collstruction activity is limited to the hours between7a.m.and 7p.m, Monday through Saturday. 8. All uses and construction \Vill comply with the City of Aspen Water System Standards and with Title 25, Cllldapplicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to, utilities. 9. All exterior lighting shall meet the City of Aspen Lighting Code requirements set forth in Land Use C()de S~cti()11:2(5.57?150, as may be amended from time to time. 1 O. Two (2) off-street parking spaces designated for use by the residence on Lot 4 of the Tipple Woods Subdivision shall bemaintail1ed 011 the adjacent Tipple Woods Lodge property or a City approved parking alternative shall be enacted in conjunction with the construction of the Residences at Little Nell or the Tippler Townhomesthat will provide two (2) off-street parking spaces within the City that are to be designated for use by the single-family residence on Lot 4, of the Tipple Woods Subdivision. Section 2: Pursuant to Land Use Cod~ Sectio.n 26.470.070, GMQS Exemptions, a GMQS exemption is herby granted for a replacement residence provided that the Applicant pays the applicable affordable housing impact fee prior to building permit issuance pursuant to Land Use Code Section 26.470.070(B)(1)(d). Section 3: Pursuant to Land Use Cod.e $ecti()l1. :2(5.410, Residential Design Standards, the requested variances from the Building Orientation, Build-to lines, and Secondary Mass Residential Design Standards are hereby approved. Section 4: The development approvals granted herein shall constitute a site-specific development plan vested for a period ofthree (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order,as set forth in thi$ resollJ.tion, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot 4, of the Tipple Woods Subdivision, by Resolution No. 12, Series of 2004, of the Aspen Planning and Zoning Commission. Section 5: All material representations and commitments" mad~.. by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incOl'porated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7: If any section, subsection, sentence, clause, phrase, or, portion of this resolution is for any . reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 20th day of April, 2004. APPROVED AS TO FORM: PLANNING AND ZQNING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk f' ~ ',Of""'-,';;, .. ....... . FROM: James Lindt, Planner Q L Arptflovd 4-~O Wi odJdl Co wlJ,'oL t--v ~q\\/Lr4tL'\ L- toC\lrk\~~ SjQQC<e5 O~V'~c!J e~c~~+ ~(~rojU~v~ Anderman 8040 Greenline Review and Residenti;tJ j)esign Stardard 4S e. op f-, \~ {Jal/C't t Variances - Lot 4, Tipple Woods Subdivision - Public Hearing MEMORANDUM THRU: Aspen Planning and Zoning Commission Joyce Allgaie;!~~munity Development Deputy Director TO: RE: DATE: April 20, 2004 PROPOSED LAND USE: Single-Family Residence ApPLICANT: Aspen Land Fund, LLC REPRESENTATIVE: Vann Associates, LLC LOCATION: Lot 4, Tipple Woods Subdivision 710 S. Galena St. ZONING: Lodge/ Tourist Residential (L/TR) CURRENT LAND USE: Single-Family Residence FAR: Allowable FAR (with slope reduction considered)= 1,966 Square Feet SUMMARY: The Applicant is requesting 8040 Greenline Review approval and approval of several variances from the Residential Design Standards to construct a single- family residence on Lot 4, of the Tipple Woods Subdivision. This is a one-step review before the Planning and Zoning Commission. LOT SIZE: 3,792 Square Feet STAFF RECOMMENDATION: Approval with Conditions -. REVIEW PROCEDURE Development in Environmentally Sensitive Areas - 8040 GreenlineReview: Following the receipt of a recommendation from the Community Development Department, the Planning I "" and Zoning Commission shall, by resolution approve, approve with conditions, or deny a development application for development in environmentally sensitive areas (ESA's include 8040 Greenline Review, Stream Margin Review, Hallam Lake Bluff Review). Variances from the Residential Design~tCl~4(1r~s: .~9119~ilJ.~ the receipt of a recommendation from the Community Development Department, and after hearing and considering public comment, the Planning and Zoning Commission shall by resolution approve, approve with conditions, or deny a variance request from the Residential Design Standards. BACKGROUND: Aspen Land Fund, LLC ("Applicant"), represented by Vann Associates, LLC, is requesting approval of an 8040 GreenlineJ{evi~\y ~nd..~~Y~t~lY~t!egS~~< fE2,m. m:~I~~i~~lJ.ti~!g~si~lJ. standards to construct a 1,966 square foot singh~-family residence on Lot 4, of the Tipple Woods Subdivision. Lot 4, of the Tipple Woods SubdivisionislQc::~ted.n~ar tl1ebase of Aspen Mountain off of South Galena Street ~.nd is currently improved with a small, one bedroom single-family residence of about 800 square feet that is to be demolished to make way for the proposed residence. Two (2) parking spaces designated for the use of the subject property are located in the Tipple Lodge parkillg lot to the northeast of the sllbject 'property. The property owners take a tram up to the existing residence. Land Use Code Section 26.435.030, 8040 Greenline Review applies to all development located at or above 8040 feet above m~~ns~a 1~,,~1(tJ;1e 8040 (}re~n.JilJ.e) in theCity of Aspen, and all development within one hundredJifty (150) feet below the 8040 Greenline. Thus, because the base elevation of this property is located at approximately 7,990 feet above sea level, the proposed single-family residence is subject to 8040 Greenline Review. The Applicant is also requesting variances from the following Residential Design Standards (Please see Exhibit "B" for descriptions of the specific standards): 1. Building Orientation 2. Build-to-lines 3. Secondary Mass STAFF COMMENTS: 8040 Greenline Review The majority of the proposed residence is to be recessed into the hillside bec(iuse almost t\vo- thirds of the subject property contains severe slopes over 30%. The Applicant has sited the proposed residence in almost an identical footprint to that of the existing dwelling in part to minimize disturbance on the lot dlle to. the sevet~..slopes, and in part because of the limited area that exists within the r~quired setbacks to develop. Thus, Staff believes that the Applicant has' appropriately sited the proposed structure and has proposed a condition of approval requiring the Applicant to re-vegetate any areas disturbed during the construction process with a native seed mix to be approved by the City of Aspen Parks Department prior to obtaining a Certificate of Occupancy. 2 ,.~...., " 1"':1\ Staff also agrees with the Applicant's contention that the proposed residence will not be highly visible from Galena Street, the core of town, or from Aspen Mountain given that there is 'significant development encircling the subject site. Moreover, the proposed residence is allowed a relatively small FAR due to the slope reduction that is to be imposed on the site and the height of the proposed residence would be slightly less than the twenty-five (25) feet that is allowed in the LlTR. Zone pi strict. In reviewing the technical aspects of the proposal, the site has been deemed to be stable for development purposes. According to reports prepared by the Applicant's Engineer, the site appears to be stable enough to handle the proposed development as long as certain engineering controls are instituted during construction. These controls, incllld~ .excavationn~tllinage and the need to maintain positive grading away from the structure for site dminage pmposes. , That being the case, Staff has proposed a conditi()n of approval that requires the Applicant to submit a detailed site drainage plan for review by the Community Development Engineer as part of the building permit application. The drainage plan shall demonstrate that there will be no increase in the site's historic rlll1()fLll~ lllr~~'llltQf!l1~ proposal. Additionally, Staff has proposed a condition, that requires the Applicant to submit a cOll~tfll~tiol1mlll1agement plan detailing the method of accessing the site with excavationalld grading equipment, as well as, the excavation retainage methods to be used dlll'ing construction. The construction management plan shall also be submitted as part of the building permit submittal. . RESIDENTIAL DE~IG:N SJ AN-QAR-QYAR!AN~~~;" Building Orientation Yariance: ,The Building Orientation ResidenHaCDeslgn'Standaid (please see Exhibit "B" for a description of the standard) requires any new residence within the City of Aspen to be constructed with the frol1t fa9ade parallel to the street. The subject site does not front a street and does not even contain a driyeway. Therefore, Staff does not believe that this residential , desigp standard is applicable to this site ill thllt the st<:mdCll'clWllS ~l111(:!ecl to adclyess,the relationship between residences and the ~ty~et ill \Vl1i9hthey front. Nonetheless, the Applicant has proposed to orient the stfllctu.re, to th~ ll():tj:h~~~t, which addresses the tram (means of access to the residence). Therefore, Staff feels that site...specific constraints exist that would warrant a variance from the B'uilding Orientation Standard. Build-to lines Vari~..s~:,.. "',',,', ,',.... ....,...,.",..< .", ..'" The Build-to lines Residential Design Standar2C(pleaseEXhibif"B" for a description of the standard) requires that any new residence on a lot of 15,000 square feet or less be required to have sixty (60) percent of its front fa9ade within five (5) feet of the required front yard setback. As was the case with the building orientation standard, Staff does not feel that this standard is applicable given that this standard is also intendecl. to ...llcldre~~.. the. x~l11tiQl1ship between a residence and the street. Moreover, a substantial amount of excavation and disturbance would be r~quired if the proposed residence were to be designed to meet this standard due to the~~Yel'eslopes that exist near the front yard setback. Therefore, Staff also feels that this variance request is necessary due to the site-specific constraints that this site presents. 3 .... r1j'a Secondary Mass Variance: The Secondary' Mass Standarc1(please see Exhibit "Bl" for a description of the standard) requires that all new residences locate at least 10% ()Ltl1.yirsquare footage above grade in a mass that is completely detached from the principal building, or linked to it by a subordinate connecting element. Staff feels that the sec()l1d.ary mass variance request is also necessary due to the severe slopes that exist and the irregular shape of the lot. Once again, if the proposed residence were to, be", designed to meet this design standard, Staff believes that more disturbance would result given that the majority of the buildable area within the required setbacks is over a thirty (30) percent slope. Referral Comments: The proposal was reviewed by the Design Review Committee (DRC) to discuss the technical considerations presented by the proposal. The Fire Marshal requested that an adequate fire sprinkler system be installed in the proposed residence. Additionally, the Water Department has requested that the water line be upgraded to provide adequate water pressure for the fire sprinkler system to be installed. In(lwl(ltyd.ill;:lJ1~r; the Aspen Sanitati()n Districtl1.11s required that the Applicant provide an individual sanitClfY sewer.service line to the structure in place of the current sanitary service line that serves several other single-family residences as well. RECOMMENDATION: Staff is recol1lm~119jng that the Planning and Zoning Commission approve with conditions the proposed 8040 GreenlineReyi~w request, finding that the ESA review standards have beel1Illet by the proposal. Staff is also recoIlll1len4!l1g that the Planning and Zoning Commission approve the proposed variances from the 'Buil4ing Orientation, Build-to lines, and Secondary Mass Residential Design Standards due to the site-specific constraints that exist. RECOMMENDED MOTIONS (ALL MOTIONS ARE MADE IN THEAFFIRMATIVE): "I move to approve Resolution No~, Series of, 2004, approving with conditions, the Anderman 8040 Greenline Revie\V angR<3sicl<3milll I)~sign Standard Variances for Building Orientation, Build-to lines, and Secondary Mass to construct a replacement single-family residence on Lot 4, of the Tipple Woods Subdivision." ATTACHMENTS: Exhibit A -- 8040 Greenline Reviy\V.c:rit<3r.ill.l1I,ldStaJfFil1,gings Exhibit B -- Design Standards Variance Review Criteria and Staff Filldings Exhibit C -- Development Application Exhibit D -- Referral Comments 4 ~UUlUJI1LlUnlnlll?J1~:~ ;92., R 26.00 0 0.00 RESOLUTION NO. 12 (SERIES OF 2004) A RESOLUTION OF THE CI'fYOF'A~:p~~.:p~~~!~~.ANP.~()~!N(; COMMISSION APPROVIN9 AN,!) 8040 GREENLlNEMV!:i!:W.ANI> 2) APPROVING VARIANCES ~QMr!J:~.~"Il!~gIN9()~:L'ff1\.!!()~,BUILI)- TO LINES, AND SECONDi\R-Y lVIAS~M~J'Q]3~'f!~:Q~~!~N~!~~S~()R A SINGLE..FAlVIIL YRESIPENCE QN ~OT 4, OF THE TIPPLE WOODS' SUBDIVISION, CrIYOFASPEN;'piiKIN COUNTY, COLORADO. Parcel No. 2737-182-96-003 WHEREAS, the Community Development Department received an application from Aspen Land Fund LLC, represented by Vann Associates, LLC, requesting approval of an 8040 Greenline Revi~\V @d Y:iriill}S;~.~frgm!AeI3lJ.ilg1tlg Orientation, Build-to lines, and Secondary Mass Residential Design Standards to construct a n~w$ingle-family residence on Lot 4, of the Tipple Woods Subdivision; and, / WHEREAS, the subject property is approximately 3,792 square feet and is located in the Lodge/Tourist Residential Zone District; and, WHEREA~, the proposed development is locat~d at @~leY:itiol1.of approximately 7,990 feet above' sea level and is subject to 8040 Greenline Review, pursuant to Land Use Code Section 26.435.020, Environmenfally Sensitive Areas; and, WHEREAS, the Planning and Zoning Commission may approve development at or within 150 feet below the 8040 Greenline in confo1'1llal1ce \yithtl1.~ l'eview criteria established in Land Use Code Section 26.435.030(C), 8040 Greenline Review; and, WHEREAS, the Planning and Zoning Commission may approve variances from the Residential Design Standard~ whell th~, y:lJi:i!lc,2}equest is consolidated with another ,land use request in which the Commission has the revi~w:illthority; and, WHEREAS, the Community Development Department has reviewed the proposal and recommended that 'the Planning and Zoning Commission approve with',conditions, the 8040 Greenline Review and variance requests from the Building Orientation, Build-to lines, and Secondary Mass Residential Design Standards; and, WHEREAS, during a duly noticed public hearing on April 20, 2004, the Planning and Zoning Commission approved with conditions, by a four to zero (4-0) vote, the, Anderman 8040 . Greenlin~R~yie\V@q.x~~~qSl1g~l.~~~ign standard variance requests to construct a new single-family residence on Lot 4, oft~e Tipple Woods Subdivision; and, WHEREAS, the Aspen Planning and Zoning Corm'nission finds that the development proposal meets or exceeds all applicable development standards and tJ:1at the, approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. 111\ .111111111\ II J 1IIIidl UII :;~;~~;~~9 z., SILVIA DAVIS PITKIN COUNTY CO R 26.00 0 0.00 NOW, THEREFORE, BE IT" RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth ill TiHe.2(j or!h~l~.spen Municipal Code, the Anderman 8040 Greenline Review to construct a new single-family residence on Lot 4, of the Tipple Woods Subdivision is hereby approved with the following conditions: 1. The Applicant shall submit a detailed landscaping plan for approval by the City of Aspen Parks Department at the time of building permit submittal. The landscaping ,plan shall indicate that the Applicant shall re-vegetate any disturbed areas that are not within the footprint of the proposed residence (footprint includes patio) to the satisfaction of the City of Aspen Parks Departnient prior to obtaining a Certificate of Occupancy. 2. The Applicant shallplace a vegetation protectionfenGe around the drip lines of any trees to be saved andshallhaye th~(:;ity Forester or his designee inspect the fencing prior to commencing construction activities. No excavation, storage of mate(rials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed, \VithID, t.hedriplines of "trees to be saved. 3. The building permit application shall include the following: a. A copy of the final P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for mitigation of removed trees, if applicable. e. The building plans shall demonstrate an adequate fire suppression system approved by the Aspen fire Marshal will be, installed. A fire alarm system meeting the requirements of the Fire Marshal may also need to be installed at the discretion or!he Aspen Fire Marshal. f. A construction ma.nagement plan that details the proposed method and means by which the site will be accessed withexcavfltion.a.n<:l grading equipment during construction. This plan shall also detail the proposed construction parking, which shall demonstrate that except for essential trade trucks, no other personal trucks are to be parked in the area around the site. The City encourages that site workers be shuttled in from the ail'port parking area. g. A Geotechnical Report and study performed by a Colorado licensed Civil Engineer demonstrating how the required excavation of the site " ILIIIII III U II U~11l :;~~1~:~ ~g 2.' SII_VIA DAVI'\1. pITKIN COUNty CO R 26.00 0 0.00 may be performed without damaging adjacent structures and/or properties. This study shall include a detail~d description of the slope stabilization and erosion control technigues to be used during construction. If the applicant utilizes soil pins to stabilize excavation cuts, the applicant shall be requited to provide a financial assurance in an amount to be.detel'1llil1ed by the Community Development Engineer. The City Engineering Department strongly prefers that the Applicants use soil hardening techniques rather than soil pins to stabilize the excavation cuts. h. A drainage and erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris ol1-sitedllring and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. . Silt fencing shall be iricol'porated into the erosion control plan. A 2-year storm frequency should be used in designing any' drainage improvem.ents. The drainage plan shall demonstrate that therewill be no increase in the site's historic runoff as a result of the new residence. 1. A letter from the primary contractor to the Community Development Director stating that the conditions of approval have been read and understood. 4. The Applicant shall provide a new, individual sanitary sewer service line to serve the proposed resid~nce. Then~\V s~rvic~Jineshallmeetfue stal1daf4softhy Aspen Consolidated Sanitation District. Sanitary sewer service is contingent upon compliance' with . the Aspen Consolidated Sanitation District's rules, regulations, and specifications. 5. The Applicant shall install a new water service line to the residence that meets the requirements of the City of Aspen W ater D~artment and provides sufficient water pressure to serve the residential wat~r needs aJ:1clthefire sprinkler system that is required by the Fire Marshal. If the water line is to be shared with other residences, the Applicant shall sign a common Water service line 'agreement and the residence shall have an individual water meter. Th~ Applicant shall abaJ:1don the existing water service line at the main prior to making a new connection. 6. Prior to issuance of a building permit, all tap fees, impacts fees, and building permit fees shall be paid, If an alternative agreement to delay payment of the Water Tap and/or Parks hnpact fees pertaining to this property is finalized as part of the Residences at Little Nell Final PUD project, those fees shall be payable according to such agreement. 7. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m, Monday through Saturday. 8. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water IIII.IIIIIIILII II~II]I..~~~~~~ ~92' SIi_VIA DAVIS PITKIN 'CC50NTYCO ^ .. R 26.00 0 0.00 Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. r'\ 9. All exterior lighting shall meet the City of Aspen Lighting Code requirements setforth in Land Use Code Secti()1126.575,150, as may beamended from time to time. 10. Two (2) off-street parking spaces designated for use by the residence on Lot 4 of the Tipple Woods Subdivision sha,llbe mainta,il1l::cl()nJl1Y adjacent Tipple Woods Lodge property or a City approved parking alternative shall be enacted in conjunction with the construction of the Residyllcys at Littlel'Sell()r the Tippler Townhomes that will provide two (2) off-street parking spaces within .the City that are to be designated for use by the single-family residence on Lot 4, of the Tipple Woods Subdivision. Section 2: Pursuant to Land Use Code Section 26A70.070,GMQS E:;(emptions,a GMQS exemption is herby granted for ^ a r~lacement residence provided that the Applicant pays the applicable affordable housing impact fee prior to building permit issuance pursuant to Land Use Code Section 26.470.070(B)(1)(d). Section 3: Pursuant to Land Use. Code Section 26.410, Residential Design Standards, the requested variances from the Building Orientation, Build-to lines, and Secondary Mass Residential Design Standards are hereby approved. Section 4: The development approvals granted herein shall constitute a site-specific development plan vested for a period oftfuee (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this resolution, the City Clerk shall cause to be published in a newspaper of general circulation Within the jurisdictional 'boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific , development plan and creation of a vested property right pursuant' to this Title. Such notice shall be substantially in the following,form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot 4, of the Tipple Woods Subdivision, by Resolution No. 12, Series of 2004, of the Aspen Planning and Zoning Commission. ~ JL~JllU[{(]lJr lIifl l~f7:~:;~ ;.20< " R 26.00 0 0. 00 Section 5: All material representations and commitments made: by the Applicant pursuant to the development proposal, approvals as herein awarded, whether in public hearing or documentation presented before the Plarming and Zoning Commission, are hereby incOl'porated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6: This resolution shall n()t affegt any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended' as herein provided, and the same shall be conducted, and cOl1clllge:dtlllger.suQp prior ordinances. Section 7: If any section, subsecti,on, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or llllconstitlltiQl19:1il19:.9Qll!"tqfsomp"e,t€mt jurisdiction, such portion shall be d~emed a separate, distinct and independent provision and shall not affect the validity of the , remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 20th day of April, 2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSIQN: QJlf- City Attorney iJj . .-- (JJ.d~ /~- J aSrllne Tygre, Chair '.', ATTEST: ~ EXHIBIT A ELMORE 8040 GREENLINE REVIEW REVIEW CRITERIA & STAFF FINDINGS 26.435.030 -8040 Greenline Review Standfl:rds. No development shall be permitted at, above, or one hundred fifty (150) feet below the 8040 greenline unless the Planning and Zoning Commission mak~s a determination that the proposed development complies with all requirements set forthb~lo\V, 1. The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mud flow, rock falls and avalanche dangers. If the parcel is found to contain hazardous or t(Jxic s(Jils, the applicant shall stabilize and revegetate the soils, or, where necessary, cause them to be removedfrom the site to a location acceptable to the city. Staff Finding Staff feels that the site is suitable for a single-family residence. A Geotechnical Report created by a Colorado Licensed Engineer was conducted and concluded that the ground stability was sufficient for a residence of thesiz~r~quested by the applicant. The aforementioned report did not find any geologic hazards that would make the site un- developable. However, the Applicant's Engineer did recommend several engineering controls that should be enacted during construction as was explained in the Staff Memorandum. Staff finds this criterion to be met. 2. The proposed development does not have a significant adverse affect on the natural watersfred, runoff, drainage, soil erosion or have, consequent effects on water pollution. StaftFinding Staff does not believe the development will have an adverse affect on the natural watershed, runoff, drainage, soil erosion, or have consequent effects on water pollution. The Community Development Engineer will review the grading and drainage plan for the site and proposed residence prior to the issuance of building permits. Staff finds this criterion to be met. 3. The proposed development does not have a significant adverse affect on the air quality in the city. Staff Finding Staff does not believe this project will have an adverse effect on the air quality of the city. The Environmental Health Department does not r~quire air quality mitigation for single- family residences. Staff finds this criterion to be met. 5 ~ 4. The design and location of any proposed development, road, or trail is compatible with tbe terrain on the parcel on which the proposed development is to be located. Staff Finding Staff agrees with the Applicant's contention that the proposed single-family residence is sited in a manner that is most compatible with the natural terrain. The Applicant has proposed to excavate and site the proposed structure in essentially the same location as the existing residence. The area of the existing residence is the only portion of the site that is relatively flat because it was previously graded for the construction of the residence. Additionally, there is no road or trail proposed to access the site and the Applicant is not proposing to alter the location of the existing tram. Staff finds this criterioll to b~ met. 5. Any grading will minimize, to the extent practicable, disturbance to the terrain, vegetation and naturallan.d features. Staff Finding As was previously stated, the Applicant has proposed to site the new residence in almost the same footprint as that of the existing residence. Due to the severe slopes that exist on the remainder of the property, Staff feels that using a similar footprint to that of the existing house will minimize disturbance to the site aSlllllch. is practicable. Additionally, the Applicant has consented to re-vegetate any areas disturbed during construction. That being the case, Staff has proposed a condition of approval requiring that the Applicant re-vegetate any disturbed areas prior to obtaining Certificate of Occupancy on the residence. Staff finds this criterion to be met. 6. The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space, and preserve the mountain as a scenic resource. Staff Finding There is only one structure proposed for the site. Additionally, Staff does not believe that the proposed residence will have a significant impact on the mountain as a scenic resource given that there is significant development on all of the properties abutting the subject site. Moreover, Staff feels that the Applicant will limit grading to the extent possible by proposing the new residence in almost the same 10cCltiol1 as the existing residence. Staff finds this criterion to be met. 7. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. Staff Finding As was discussed in the Staff Memorandum, the proposed residence will be built slightly under the required twenty-five (25) foot height limit and is allowed a relatively small FAR of 1,966 square feet due to slope reduction. Moreover, Staff does not believe that the proposed residence 'Yill be extremely visible from the commercial core, Aspen Mountain, or South 6 ~ , Galena Street because the site is encircled by significantly larger developments. Staff finds this criterion to be met. 8. Sufficient water pressure and other utilities are available to service the proposed development. Staff Finding The property is serviced by all public utilities. The City of Aspen Water Department and the Aspen Consolidated Sanitation District are requiring that the Applicant make upgrades to the respective service lines that serve this property. The utility agencies' concerns have been reflected in the proposed conditions of approval. Staff finds this criterion to be met. 9. Adequate roads are available to serve the proposed development, and said roads can be properly maintained. Staff Finding The proposal will not include the development of a driveway in that the Applicant has proposed to maintain access to the residel1c~ by means of the tram that currently exists to access the existing residence. Additionally, the fire department has indicated that they are comfortable with the tram access as it exists", Moreover, if the Residences at Little Nell proposal is developed, the parking for this property will be placed in an underground parking garage and an improved elevator access \V()ulci bedev~16ped. Therefore, Staff believes that this criterion is not applicable in this situation. 10. Adequate ingress and egress is available tO,the proposed development so as to 'ensure adequate access for fire protection and snow removal equipment. Staff Finding Staff has proposed a condition of approval that requires the Applicant to install a fire sprinkler system in the proposed residence. Moreover, the Fire Marshal was consulted and did not have an issue with the ingress and egress given that the residence is to contain a sprinkler system. Staff finds this criterion to be met. 11. The recommendations of the Aspen Area Community Plan: ParksIRecreationlTrails Plan are implemented in the proposed development, to the greatest extent practical. Staff Finding Staff does not believe the proposed development conflicts with the AACP or Parks/ Recreation/Trails Plan. Staff finds this criterion to be met. 7 EXHIBIT B RESIDENTlAL:Ql!:~IGN ~l'ANI:>AllI> YA~ANCE;S RE,VIEW ~ ,'" - ,,-, ',.... "- . -- ....- ",' ",_.' . -~. - ", -"',.- REVIEWCRITE~IA &, STA}fF FINDINGS . The Planning and'Z~;i~g C~~;i~;i~~;~ti~gi~;th~i5~signRe~iewAppeals'Committeemay approve a variance from the Residential.Design Standards iftl1e proposed application meets the following: a) PrO'vides all. apprO'priate design O'r pattern O'f develO'pment cO'nsidering the cO'ntext in which the develO'pment is prO'pased and purpase O'f the particular stand.llrd.Jn eYll.ll!f!#llg the cO'ntext as it is used in the crit~ria, the reviewing baard may cO'nsider the relatiO'nship O'f the prO'pased develapment with adjacent structures, the immediate neighb()1'hiJ'O'dsetting, ar a brO'ader vicinity as the bO'ard feels is necessary to' determine if the eXceptiO'n is warranted; O'r, b) Be clearly necessary far reasons affairness related to' unusual site- specific canstraints. The following are Staff s findings in regards to the vanances being requested by the Applicant. Variance Requested Buildin~ orientation The frontfacades of all principal structures shall be parallel to the street. On, c9l'1JfXJ()ts, both street facing facades must be parallel to the intersecting streets. On curvilinear streets, the front facade of all structures shall be parallel to the tangent of the midpoint of the arc of the street. Yes. No. Yes. ~ a) PrO'vides all. apprO'priate design O'r pattern O'f develO'pment cO'nsidering the cO'ntextin which th~d~velO'pment is prO'pased and purpase O'f the particular stalldll.r4.11l~l!.ll.{lJ:lIJing the can text as it is used in the criteria, the reviewing bO'ard may cansider the relatianship O'fthe prapO'sed develO'pment with adjacent structures, the immediate neighbarhaO'd setting, or a brO'ader vicinity as the bO'ardfeels is neces$ary to' determine if the exceptiO'n is warranted; O'r, Staff Finding: Several of the other structures in the i1ll1llecli(lJyY~9il1~~Y that are served by the tram also do not meet the building orientation requirement because they are orlented in a mallller th(lt allQ\Vs them to have entrances onto the tram. Tl1eryfQre, Staff feels that the proposal is consistent 8 with that of the neighboring properties for functional purposes. Staff finds this criterion to be met. b) Be clearly necessary for reasons of fairness related to unusual.s.it~.. specific constraints. Staff Finding: This site has several site-specific constraints that ,warrant relief frolU this specific design standard in that a driYy'Yay does not serve the property and the majority of the property consists of severely steep slopes. Thus, Staff feels that the stl'llctlll'e has b~~l1appropriately oriented to allow for the tram to b~~ct~ily accessible as a means of ingress and egress. .Moreover, the front fa9ade of the proposed structure is dose to being parallel to Galena Street even though it has no lot frontage on South Galena Street. Staff f~~l~tbJ,!t tbe.Applicant has attempted to meet the intent of the stallc1<irc1@cl$t<ifff,iD;clstl1.i~~rit~ri.9l1 to...1J~,1Uet. Variance Requested BUILD- TO LINES On parcels of less than 15,000 square feet, at least 60% of the front fac;ade shall be within 5 feet of the minimum front yard setback line. Qn cQrner sites, at least 60% of both street facades of the building shall be within 5 feet of the minimum setback lines. Porches may be used to meet the 60% standard. a) Provides an appropriate design or pattern of development considering the context in which the development is proposed and 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, Staff Finding: As was the case with thebuildil1g orientationsiandi;lfd, Staff does not feel that thisstallc1<l1:"d is all that applicable given that this standard is also int~l1clecI t(), address, tb~r~l(ltiol1ship between a residence and the stre~t. In <iclditign, several of the other surrounding properties that are also served by the tram do not have 60%, of tl1~ir fr()l1tf':1sades within five (5) feet of the of their front yard setback. Thus, in looking at this request in a neighborhood context Staff feels that a granting a variance from this stallc1<irc1\V()ylcl, yield consistency with the immediate existing development. Staff finds this criterion to b~met. b) Be clearly necessary for reasons offairness related to unusual site- specific constraints. Staff Finding: Staff feels that the requested variance from the build-to lill~s st@cl<l1:"cI is appropriate in that it is felt that strict compliance with this standard WQlll4 l'~quire more natural disturbance due to the excavation of steep slopes than would the proposed design. The area within about ten (10) feet ofthe front yard setback is almost all coyer~cl py slopes of greater than thirty (30) percent. 9 ~ That being the case, in order to site the structure within this arya theApplicant would have to do a larger excavation. A more significant excavation would likely result in added natural disturbance. Thus, Staff feels that unusual site-specific constraints exist to warrant granting the build-to lines variance. Staff finds this criterion to be met. Variance Requested SECONDARY MASS The secondary mass standard requires that all new structures shall locate at least 10% of their total square footage above grade in a mass, which is completely detached from the principal building, or linked to it by a subordinate connecting element. Accessory buildings such as garages, sheds, and Accessory Dwelling Units are examples of appropriate uses for the Secondary Mass. A subordinate linking element for the purposes of secondary mass shall be defined as an element not less than six (6) feet in width and ten (10) feet in length with a plate height of not more than nine (9) feet. "- ........... ........... ~. ''>.--.-- -" a) Provides an appropriate design or pattern of development considering the context in which the dev[!lopment is proposed and purpose of the particular standard. In (;!valuating 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, Staff Finding: The majority of the structures along the 700 block of S. Galena Street were built prior to enacting the secondary mass standard. The three (3) other single-family residences that are served by the tram do not meet the seconc.lary mass standard. Therefore, in evaluating the request in the .context of the existing development on the surrounding properties, Staff believes that a variance from this standard is GOl1Si~t(;mt\VithJhy~llITQllJ:lsling development. Staff finds this criterion to be met. b) Be clearly necessary for reasons of fairness related to unusual site- specific constraints. Staff Finding: The Applicant has proposed to use a similar footprint on the proposed residence to that of the existing residence in order to limit the natural c.listurbance. That being the situation, the area of the existing footprint is limited in size due to the steep slopes that encompass the property. Additionally, the lot is a substandard triangular lot that provides a buildable area in the shape of a triangle. Meeting the secondary mass standard usually requires a sufficient amount of 10 ~ buildable site, which Staff feels is limited in the instance by both the irregular shape of the lot and the steep slopes that exist. Staff finds this yriterion to be met. 11 ';s MEMORANDUM ,". .......,...., ".'..;..,'....).",....,.. Ex h l'/u /'1 \\/J i/ To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Case load Coordinator Date: March 3, 2004 Re:3/3/04DRC Minutes: Anderman 8040 Greenline Review Attendees: James Lindt, Case Planner - Community Development Department Nick Adeh, Engineering Department John Niewoehner,/Community Development Department Phil Overeynder, Water Department Tom Bracewell, Sanitation District Jerry Nye, Streets Department Ed VanWalraven, Fire Department Brooke Peterson, Applicant Sunny Vann, Planning Consultant Kim Weil, Bill Poss Architects and Planners At the March 3, 2004, the Development Review Committee reviewed the following project: Anderman 8040 Greenline Review - The proposal is to demolish an existing 800 sq. ft. house and replace it with a1900sq.ft.h6use.dthesite isexfremeW difficult in thafitTs accessible only by either a tramway or many stairs. Jhedevelopment of this house will likely be part of the proposed Tippler Townhomes Project or Residences at Little Nell Project. Regardless, the DRC evaluation has to consider how the proposed Anderman Project could be built without the larger 'Tippler' or 'Residences' projects. DRC COMMENTS Engineering: 1. Construction Manaqement Plan: Due to site constraints, an extensive Construction Management Plan is needed as part of the building permit that includes: . Sequence of Construction Events. . Access to site by construction vehicles dl,Jring each construction event . A slope stabilization plan developed by a qualified professional engineer . Haul and delivery routes . Parking . Erosion and Dust Control Plan 2. Drainaqe: A qualified professional engineer must provide a drainage plan and report for the site. Roof drainage cannot be routed down the steep slopes. Any drainage plan that includes dry wells must be reviewed by a geotechnical engineer. 3. Geotechnical Report: A geotechnical report is needed for the project that addresses slope stabilization and mudflow issues. Parks Department 1. Tree Removal: An approved tree permit is required prior to approval of the building permit. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. Please contact the City Forester for more information 920-5126. ' 2. Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. There will be no storage of construction materials, backfill, tools or construction traffic inside of the protective fence. There is no excavation or disturbance of the. native arecLin~ide ofJhe protective fence. .... ("'"') Page 2 of 2 March 3, 2004 Anderman DRC - 8040 Greenline This fence must be inspected by the city forester or his/her designee (920-5126) before any construction activities are to commence. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. 3. Erosion Control: Silt fencing installed to the City of Aspen standards. Additional erosion control measures may be necessary depending upon the site. 4. Landscapinq: Based on the mitigation for tree removal an approved landscape plan will need to be submitted to the parks department. Fire Department 1 Sprinklers: A sprinkler system will be required. Water pressure needs to be adequate for sprinklers to work. Per the Water Department, current water pressure is inadequate. 2 Alarms: The Fire Department may require an alarm system. Sanitation District 1. Separate Service Line: Currently, the existing house shares a sewer service with the two neighboring houses. This sewer serviceruns down an easement under the tramway. To conform to current standards disallowing shared services, a new and separate sewer service would have to be constructed for the Anderman residence. The location of this new sewer service will depend on whether the 'Tippler' or the 'Residences' is constructed. 2. ACSD Standards: Service is contingent upon cornpliance with the District's rules, regulations, and specifications, which are on file at the District office. Water Dept: 1. Water Tap: Water Pressure is currently inadequate from the 0Id1-1/4" dia. g.L service line. The proposed house with sprinkler system must be served by a 2" dia wafer service line sized by a Sprinkler Design Company. Water pressure and delivery rates from the existing galvanized service line is inadequate to provide for the required fire sprinkler system. The service line needs to be replaced with a new Iille capable of delivery of sufficient water to meet the requirements for fire protection established by the Aspen Fire Protection I?istrict. 2. Existina Service Line Abandonment: TheelCi$ting service must be abandoned at the main prior to making a new connection. 3. Common Service Line Aqreement fI/Iultiple buildings can be served by the new water tap if each building is metered and controllable and there is a Common Service Line Agreement. 4. City Standards Compliance: All uses and construction will comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. To: John Niewoehner <johnn@ci.aspen.co.us> Subject: Re: Fwd: 3/3/04 DRC Minutes - Anderman 8040 Cc: nealg@ci.aspen.co.us, keithw@ci.aspen.co.us John, Please replace the language regarding service tap size (we don't specify the size" the fire sprinkler co will have to calculate) with the following: Water pressure and delivery rates form the existing galvanized service line is inadequate to provide for the required fire sprinkler system. The service line needs to be replaced with a newline capable of delivery of sufficient water to meet the requirements for fire protection established by the Aspen Fire Protection District. The existing service must be abandoned at the main prior to making a new connection. Phil rl,;" n -c. ",,'-,.,/,;r, Aspen Consolidated SanttationDistrict' ,1,,-. Paul Smith * Chairman Michael Kelly * Vice~ Chair John Keleher * Sec/Treas March 16, 2004 REceIVED M~R 1 7 2004 ' A:stJtN BUIlDfHGDe>ARTMENT F~ank Loushin Roy Holloway Bruce Matherly, Mgr James Lindt Community Development 130 S. Galena St. Aspen, CO 81611 ,Re: Anderman 8040 GreenJine.Revi~w Dear James: We currently have sufficient collection and treatment capacity to serve tIlls proposed development. Our detailed comments. on this application were made at the development review meeting on 3-3-04 by Tom Bracewell o~r line superintendent. As usual, service is contingent upon compliance with' the district's rules, reguhitlons, and specifications which ate on file at the district office. betailed, phms must be. subrllitted to the district office for the completion of a tap permit which will estimafe the sanitation fees forthe ' , ' . project. All fees must be paid prior to the issuance of a building permit. Please call if you have any questions. Sincerely, ~~'7\A.~~ Bruce Matherly District M.anager 565 N. Mill St., Aspen, CO 8161 (1(970)925~J6011 FAX (970)925-2537 . ',,;-,,'-'-~ "...,"', ,~,"c"__^~,,,; ,~ I;' : i: :'~;, ':~: ". -, ^" """,:,~,::", .; ; ..-,~,-., v. :<,..;.i(~_,__,_-", ~ Anderman 8040 Greenline Review March 3, 2004 Tree Removal: An approved tree permit is required prior to approval of the building permit. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. Please contact the City Forester for more information 920-5126. Tree Protection: A vegetation 'protection fence shall be erectedatthe drip line of each individual tree or groupings of trees remaining on site. There will be no storage of construction materials, backfill, tools or construction traffic inside of.the protective fence. There is no excavation or disturbance of the native area il1sigeof the protective fence. This fence must be inspected by the city forester or his/her designee (920-5126) before any construction activities are to commence. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowedwithin.the drip line of any tree on site. Erosion Control: Silt fencing installed to the City of Aspen standards. Additional erosion control measures may be necessary depending upon the site. Landscaping: . Based on the mitigation for tree removal an approved landscape plan will need to be submitted to the parks department. PUBLIC NOTICE RE: ANDERMAN PROPERTY (710 S" GAL:ENA ST.) 8040 GREENLINE REVIEW AND RESIDENTIAL DESIGN STANDARD VARIANCES NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 20, 2004 at a meeting to, begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Aspen Land Fund, LLC requesting approval of an 8040 Greenline Review an4, Resi4ential Design Standard V arian<1~s ,fr()Il1 ,t.he Building Orientation, Build-to-lines, and Secondary Mass requirements of the City of Aspen Land Use Code (Section 26.410) in order to construct a single-family residence at 710 S. Galena Street. The subject property is legally described as Lot 4, of the Tipple Woods Subdivision, City and Townsite of Aspen. For further information, contact James Lindt at the City of Aspen Commllllity Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095, (or by email atjamesl@ci.aspen.co.us). Please send all written correspondence regarding the application to the city staff member referenced above to enter into the public record. s/Jasmine TVf!re. Chair Aspen Planning and Zoning Commission Published.in the Aspen Times on April 3, 2004 City of .Aspen Account"" '...'......,.. ....."'..'.........,,'.'......,...., ......".."".",....... ~,;;(,;:"'Y8~,.~:\~<.;,'J":h,T;~+i":);':,:-s':.~"";;"'.,-,- .- .....:....":<,....."...:-.'.' > "~",,,,+':,tt;/;":;""::;;O:'<';'>"')'" ,c ->'-;......'i Jam Free Printing Use Averj'fJ TEMPLATE 5160@ ASPEN ALPENBLlCK NO 3 LLC 211 VINE ST DENVER, CO 80206 ASPEN SKlING COMPANY PO BOX 1248 ASPEN, CO 81612 BECKMAN SUSAN R POBOX 8167 ASPEN, CO 81612 BRENDAMOUR DOUGLAS P CHILDRENS TRUST 6105 PARK RD CINCINNATI,OH 45243 CRAWFORD JACK B PO BOX U3 ASPEN, CO 81612 DUFF DAVID A TRUSTEE PO BOX 305 CHAVIES, KY 41727 ESTABROOKS FAMILY TRUST 37 EMERALD BAY LAGUNA BEACH, CA 92651 FLYNN MICHAEL T PMB 105-512 700 NW GILMAN BLVD ISSAQUAH, WA 98027-5395 GALENA PLACE LLC C/O PAT KIRIANOFF PO BOX 1931 BIG BEAR LAKE, CA 92315 GIANULlAS JIM & MARILYN H PO BOX 2990 NEWPORT BEACH, CA 92658 ~09~S @A}J'S!!JAV ~ ~:r~:!'2Ei:12S:=-~~'~=,-,. ,~ - - www.avery.com 1-800-GO-A VERY () C/O KAUFMAN & PETERSON 315 E HYMAN ASPEN, CO 81611 BANK OF AMERICA NA PO BOX 35140 LOUISVILLE, KY 40232 BIELINSKI JUDITH 2121 TROWBRIDGE CT GLENVIEW,IL 60025 BRIGHT CONDOS A LOUISIANA GENERAL PARTNERSHIP 701 POYDRAS ST STE 300 PLAZA NEW ORLEANS, LA 70139 DICKIE E GORDON M 0 1999 REVOCABLE TRUST 25060 PINE HILLS DR CARMEL, CA 93923 DURANT CONDOMINIUM ASSOCIATION 747 S GALENA ST ASPEN, CO 81612 FASCHING HAUS CONDOMINIUM ASSOC INC 747 S GALENA ST ASPEN, CO 81611 FRIEDMAN KARL 10 CHERRY HILLS DR CHERRY HILLS, CO 80110 GAME JAMES A & MICHAELA PO BOX 451 PALISADE, CO 81526 GOOCH WILLIAM A 20211STAVE #TG SEATTLE, WA 98121 A}f3^Y-09-008-t. WO:l'A.isAe'MMM - - EXHIBIT ASPEN LAND PO BOX 8238 ASPEN, CO 8161 ~ .D .D S ~ BAUER RACHAEL ANN 521 E COOPER AVE ASPEN, CO 81611 BORTNICHAK WALTER JR 728 GALENA ST ASPEN, CO 81611 CAMERON JAMES & NANCY 169 FAWN VALLEY DR MC MURRAY, PAr 15317 DISALVO MARCIA J 500 W BLEEKER ST ASPEN, CO 81611-1228 DURANT CONDOMINIUM ASSOCIATION EMPLOYEE HOUSING UNIT 14 747 S GALENA ASPEN, CO 81611 FlAGSTAD DANIEL G & MARY J 715 E SCRANTON AVE LAKE BLUFF, lL 60044 FUREY JAMES H 4 DRUID LN RIVERSIDE, CT 06878 GERMANOW IRVING 13 TOBEY WOODS PITTSFORD, NY 14534 GRAND ASPEN LODGING LLC 1000 S MILL ST ASPEN, CO 81611-3800 ~09t.S 31'11dW3.1 ~SAY asn 6u!lU!Jd aSJ::i wer Jam Free Printing Use Avery@ TEMPLATE 5160@ GURTNER THOMAS & NANCY 175 COMMONWEALTH AVE BOSTON, MA 02116 HEUSERINVESTMENTSLLC 2626 E ARIZONA BILTMORE CIR #33 PHOENIX, AZ 85016 JACOB PAUL MITCHELL 400 E 20TH ST #10-0 NEW YORK, NY 10009 JAMNER HOWARD & JESSICA 29 MICAHELS WY WESTON, CT 06883 KRAJIAN RON N 2700 NEWPORT BLVD #222 NEWPORT, CA 92663 KRIBS KAREN PO BOX 9994 ASPEN, CO 81612 LONG CHRISTOPHER & GRETA 50% 6015 VESSEY RD COLORADO SPRINGS, CO 80908 MARSH JAMES W & BEVERLY M 815 TROPICAL CIR SARASOTA, FL 34242 MIDDELBERG MARIA B DBA MODETTE 150 PURCHASE ST RYE, NY 10583 MILLER TANYA B 2445 W GULF DR SANIBEL ISLAND, FL 33957 ~09I.S @AlJaAV ~ -- www.avery.com @ AVERY@ 5160@ HEATH HETTA S TRUSTEE 606 N SPRING ST ASPEN, CO 81611 HUNT JACK P TRUST C/O HUNT JAMES S JR 1700 NW 97 TERR CORAL SPRINGS, FL 33071 JACOBY ENTERRPRISES INC WYOMING CORPORATION 111 CENTER ST STE 2500 LITTLE ROCK, AR 72201. KOSFIELD ASPEN LLC NATIONSBANK TOWER 100 S E 2ND ST STE 2800 MIAMI, FL 33131-2144 KRAJIAN RONALD N 617 E COOPER AVE #114 ASPEN, CO 81611 LIEBEL CRAIG E 814 PLUM ST CINCINNATI,OH 45202 M & M INVESTMENTS C/O MAYER CHARLES 679 BRUSH CREEK RD ASPEN, CO 81611 MEYERS DENNIS & BARBARA A 9725 PARI<WAY DR HIGHLAND, IN 46322 MILLER BECKY B & PETER C 200-06 CROSS ISLAND PI<WY BA YS1DE, NY 11360 MITTLEMAN DAVID 2735 MEADOWLARK LN WEST PALM BEACH, FL 33409 A,1I3^ '1-09-008-1. wo;).JtIa^e'MMM - - HENN PRESTON B & BETTY 0 3501 W SUNRISE BLVD FT LAUDERDALE, FL 33311 IMMO SASSAFRAS INC C/O ROBERT ANDERSON 3290 NORTHSIDE PI<WY NW #225 ATLANTA, GA 30327 JAEGER WILLIAM N 439 N DOHENY DR BEVERLY HILLS, CA 90210 KOSFREUDFIELD ASPEN LC 10 S E 2ND ST STE 2800 MIAMI, FL 331317 KRAJIAN RONALD N PO BOX 8867 NEWPORT BEACH, CA 92658 LIVINGSTON DAVID MYRIAD INVESTMENTS INC 1003 PARCHEMENT DR S E GRAND RAPIDS, MI 49506 MANDELBAUM MERVYN & JEANETTE TRUSTEES 1735 S SANTA FE AVE LOS ANGELES, CA 90021 MICHAELS INGEBORG 600 GARRISON COVE LN #9 TAMPA, FL 33602 MILLER LELAND L 11575 FOLSOM PT LN FRANKTOWN, CO 80116 MONKARSH JERROLD 0 & JOYCE TRUSTEES 9061 SANTA MONICA BLVD LOS ANGELES, CA 90069 @09LS 31'l1d1l\l31 @AJa^'f asn 6u!lU!Jd aaJ:i wer Jam Free Printing Use Averylf!) TEMPLATE 51601f!) MONTGOMERY M MEAD & ANNE M 945 OLD GREEN BAY RD WINNEKTA,IL 60093 NORTON PATRICK J JR 507 SPRING VALLEY DR RALEIGH, NC 27609 PASQUINELLI SALLIE S 747 S GALENA ST #9 ASPEN, CO 81611 PEACE OF ASPEN TOWNHOUSE LLC C/O MLR LC PO BOX 557 SPIRIT LAKE, IA 51360 RAMYEAD VISHNU & TEIKA 6161 WOODLAND VIEW DR WOODLAND HILLS, CA 91364 RIDOUT WAYNE E & ROBBYE L 42 COUNTRY CLUB CIR SEARCY, AR 72143 RUSSELL SCOTT B 70 RIVERBEND RD SNOW MASS, CO 81654 SEGUIN MIKE A PO BOX 1914 ASPEN, CO 81612 TALLlCHET DAVIDC JR & CECILIA A 8191 E KAISER BLVD ANAHEIM, CA 92808 THURBON ROBERT W JR 50% 1034 ST PAUL RD CINC1NNATI,OH 45202 @09~S @^'tJ~V ~ i - - WWW.av~ry.com 1-800-GO-A VERY MOORE PHILIP B & KATHLEEN 747 S GALENA ST ASPEN, CO 81611 OLSON PAUL PO BOX 128 BRECKENRIDGE, CO 80424 PATRICK GARY R & PATRICIA A 537 MARKET ST STE 202 CHATTANOOGA, TN 37402 PLASTICS MANAGEMENT INC 53916 N MAIN ST MATTAWAN, MI 49071 REEVES LESLEY S C/O STEPHEN M SCHERER 7510 YORK DR ST LOUIS, MO 63105 ROLF ROBERT WILLIAM 747 GALENA ST ASPEN, CO 81611 SASSAFRAS IMMO INC ROBERT ANDERSON CNSL LLC 3290 NORTHSIDE PKWY NW #225 ATLANTA, GA 30327 SIMMONS SUSAN K 31381 MONTERREY ST S LAGUNA, CA 92677 TAUBER REAL ESTATE LLC 27777 FRANKLIN RD STE 1850 SOUTHF1ELD, MI 48034 TICONDEROGACOMPANY 3108 COVINGTON LAKE DR FTWAYNE, IN 46804 A1I3^,v.09-OOS- ~ WO:l.JtIaAe'N\MM - - @ AVERY@ 5160@ NOREN LARA L & STEPHEN C 10927 BRIGANTINE DR INDIANAPOLIS, IN 46256-9544 PASQUINELLI MARY ANN 747 S GALENA ST ASPEN, CO 81611 PATTERSON L S & F E TRUST 60% SCHNEIDER C A PATTERSON 40% 580 CEMETERY LN ASPEN, CO 81611 PLATTS JOHANNA E 7 40 FLAGSTAFF RD BOULDER, CO 80302 RHOADES CHRISTINE ANN LYON LIVING TRUST 644 GRIFFITH WY LAGUNA BEACH, CA 92651 ROSE EDWARD D & JULIE 5975 MAPLE BERKELEY,IL 60163 SCHERER STEPHEN M 169 SHORECLlFF RD NEWPORT BEACH, CA 92625 STENEMAN ROBERT & MARY JANE PO BOX 9469 ASPEN, CO 81612 TAVEL MORTON & CAROL 1139 FREDERICK DR S INDIANAPOLIS, IN 46260 TIPPLE INN #12 LLC GARY JACOBS POBOX 59 - ATTN: ADELlNA GUZMAN LAREDO, TX 78042-0059 @09~S 31YldW31 ~a^"1 asn 6u!lU!Jd aeJ~ wel - www.avery.com 1-800-GO-AVERY @ AVERY@ 5160@ Jam Free Printing Use Avery@ TEMPLATE 5160@ - TOBEY ROBERT W & PATRICIA A 41 CHERRY HILLS FARM DR ENGLEWWOOD, CO 80110-7113 TULlPANI FAMILY TRUST 747 S GALENA ST #201A ASPEN, CO 81611-1872 METER FAM LVG TRST WESTERN LAB MEDICAL GRP 2945 WEBSTER ST OAKLAND, CA 94609-3406 .. WAGNER & BROWN LTD 300 N MARIENFELD #1100 PO BOX 1714 MIDLAND, TX 79702 WATKINS DAN H TRUSTEE 35758TH ST MOLlNE,IL 61265-7157 WERNER STEFANIA P TRUST 9555 LADUE RD ST LOUIS, MO 63124 WESTPAC ASPEN INVESTMENTS LLC 805 AEROVISTA PL SUITE 202 SAN LUIS OBISPO, CA 93401-7920 ZODIAC PROPERTIES L TO 628 S GALENA ST ASPEN, CO 81611 - @09~S 3l.'I1dW3! @/uaNrf asn 6u!l-U!Jd aaJ:I wer @09~S @AH3AV @ A}:I3^"-09-00S-1. wo)'/ua^e'MMM - L""",',d .,-~.,~~~~~~.' . .~.. ,,_~,.' '!" 1 ~ ""~~';;~',;,';'~,i:"~"7'~+;~"';"'--" ~--,,,_:,.'."" .. _..i .._ ._..._~_____._................____~~~.:!":~l~!~""l,~!"~Io-':,_~ .". ::;,~~~vli"'nr:::':-::;;; ';;;~;~:~t~~::.::~-~'~'~';':-~--" ~....~~,:,..,."",;~...,;~",~~,,":l<l"""-:.~,~ ,...........,,..,..........,"'1...,,....._,.<... ~ ATTACHMENT 7 AFFIDAVltOF''I50Brh:'NOr'ICE REQUIRED BY SECTION 26:304.060'(el, ASPENtAND USE CODE //,,6~.. ~--1t:.~4 ADDRESS OF PROPERTy:dJr 4. 77~ \V"~" 2~.(3. , Aspen, CO / SCHEDULED PUBLIC HEARING 'DATE: ,200_ STATE OF COLORADO ) ) ss. County of Pitkin ) I, ~...<;/~y--, ' vq~/../ (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. V Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, watel'proof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the ,:;:'dday of ,-f/7)/L , 200L, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. V~ailing of notice. By the mailing of a notice obtained from the Community Development Department, which cOIltains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-govertttnental agency that owns property within three hundred (300) feet ofthe property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) r"'\ ("", Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall- be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all b inesS1iOUr~r fifteen (15) days ,_____ I prior to the public hearing on such ame,JJdrr1' ts. ,,/ // -, _---.L --. -~ The foregoing "Affidavit ofNotic~" was acknowledged before me this 11- day of_~\ll ,200i, by SU'Y\(\~ VQ.f\r\_ ~\\\"""""11111. ~"", ,~A eLI.:'II;.: ~~~~....h...V.~ ~ ~.:t ... ....~~~ :::' .' OTA '. ~ .::: :...\ 1111'::: t=*: \' ': = = : ~... .*= - . . - - . p . .... %~... UBL\C ....DI ~"'~" ..' ~~ ~ ~O"'" ...'O~~~ "1111. F CO\'; \\\~ 11"I/IIlIl"\\\~ My Commission Expire. Dee 2007 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: J}M~ tary PublIc J)e (. ;)(rJ1- CJu;!fr rTACHMENTS: )F THE PUBLICATION F THE POSTED NOTICE (SIGN) VERNMENTAL AGENCIES NOTICED BY MAIL .... ~~~ d ~, ,r---.. A TT ACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 71D ,~ba /e(/(q SCHEDULED PUBLIC HEARING DATE: tt / ?f')I2:2Cf' ' ; Aspen, CO ,200 STATE OF COLORADO ) ) ss. County of Pitkin ) I, .~ q \/\A \Q~ c:.. t')0J {- (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 fQllQ\Ving manner: ~. PubUcation of notice: By the publication in the legal notice section of an Qjficial paper or a paper of general circulation in the City of Aspen at least fifteen a 5) days prior to the public hearing. A copy of the publication is attached heren; Posting of notice: By posting of notice, which form was obtained from the Community DevelopmerifDepartInerit, which was made of suitable, watel'Proof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed sfletters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_,to and including the date and time of the pu~ic hearing. A photograph of the posted notice (sign) is attacheihereto. I :, Mailing of notice. By the mailing of a notice obtained from the CommUnity Development Department, which contains the info11i1ation described in Section 26.304.060(E)(2) of the Aspen L~d Use Code. At least fifteen (15) days prior to tJ1e public hearing, notice Was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property .subject to the development application. The names and addresses of property owners shall be those on the current tax r~cords of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) /"""\ r\. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a gel1-eral revision of this Title, or whenever the text ofthis Title is to be amended, whether such revision be made by repeal of this Titleand enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. The of regoing "Affidavit of Notice" was acknowledged, befor): th~ ~ ,200!l,by ~ ) - ~~"..,..,...."~~-'.^'_.....~. p' UC NOTICE' "'," RE: ,ANDERMAN ROPERTY (710 S. GALENA ST"..",).., 80,4, 0, G,RE,.E.N,',., L, E R EV,IE, W A, N D RES IDENTIA, L DESIGN STANDAR VARIANCES NOTICE IS. EREBY GIVEN that a public .;,-:-.e'aring will be held on Tuesday, April 20, 2004 at a Il!eeting to begin at 4:30 p,m. bef<)re the Aspen PliH1ni~g. and. Zoning. Co~~i~sil:m,__Si_~!~!,<<;:iti~s Room, City Hall, l30S.GaJ<ina,st..Aspen,to con>.' sider an application submitted by Aspen Land Fund, LLC requesting approval of an 8040 Gre.ene Iin,e Review and Resid~ntii'l Design, Standard Var- iances ,from the Buildtiig Orlentati()n. Build-to- lin~s, - and Secondary Mass, requir_ements _ of the,"_ City of Aspen Land Use Code (S,ection ~6Al 0), in ' ~-order to con~truct_ a - single-family res"idence at' 7lQ S. Galena Str~et. The subject property is le- gally described as Lot 4, of the Tipple Woods Subdivision, City and Townsiteof Aspen. For, further JnforI11ati()~"c:()~t8:ct,JaIIl~s_PI1d~ _ ~t the City of Aspen'j,mmuniiY'Ilevelopment De-' partment, 130 S. Gal na St., Aspen, CO (970) 920. '5,.0.9.,....5 ',(or bY", e, maio .at iamesl@cLaspen.co.us).: Ple<iSe sel1d ,all writ, ncorrespondence regarding the applicatiori to he city staff member refer- c _;;\":!1c~d,:).I;>()~~_t() -=r1J_, ,~!:t(}}~e P1J_~li~_.recorc:I. ~-~. "'.",....".~.""_.~....S7JasmineTYgre, thair, ' Aspen Planning and Zoning C()ll!misslon ' Published in The Aspen Times oh April 3, 2004, (138'0) WITNESS MY HAND AND OFFICIAL SEAL ATTACHMENTS: COpy OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL t: -:;,.'" Helen Miller, 04:42 PM 04/16/2004, Aspen Fund LLC Page 1 of 1 Subject: Aspen Fund LLC Date: Fri, 16 Apr 2004 15:42:10 -0700 Thread-Topic: Aspen Fund LLC Thread-Index: AcQkBA2EnT700ZfNQwGask6296bqaQ== From: "Helem Miller" <hmiller@ejmdevelopment.com> D 15 ~1\ 10 lA~~d! ~ p+- 'Z:- ~+- ~~. 1-i~dV~!AC') o V\ 5fj26 /04 To: <jamesl@ci.aspen.co.us> I ( , X-:MX-Spam: final=0.0134395222; heur=0.5000000000(700); stat=0.0090000000; spamtraq- heur=0.6000000000(2004041607), ' X-:MX - MAIL- FROM: <hmiller@ejmdevelopment.com> X-:MX-SOURCE-IP: [64.3.83.162] X-MaiIScanner-Information: Please contact the ISP for more information X-MailScanner: Found to be clean, ;;:::' ~ .".- ,>" Dear Mr. Lindt: I am the President of the Galena Place CondOminium Association. Our property is in very close proximity to the proposed residence to be built at 130 Galena Street. WhHe we Clre not opposed to the tear down and re-build, we would like to ask the Planning & Zoning Commissioners to impose some time constraints as to when construction work can commence and end. The reason beingc Is that we collectively have eight bedrooms directly below and adjacent to the proposed house construction property. I understand you allow 7 a.m. - 7 p.m. work times. I respectfully request that the hours of work be limited to 8 a.m. to 6 p.m. 'so as to allow some measure of quiet. do not believe this will impose an undue hardship on the applicant. Thank you. Sincerely, Jerry Monkarsh President Galena Place Condominium Association 310278 1830, cc: Galena Place Homeown~rs Kirianoff, Mandelbaum, James Printed for James Lindt <jamesl@ci.aspen.co.us> 04/20/2004 ~ r"\ ~ e3'.........:.~ ~ ~ -.~ ,~~