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Home My WebLink AboutLand Use Case.73 Smuggler Grove Rd.A080-03 CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCll., ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY ...N A080-03 2737-181-06006 73 Smuggler Grove DRAC-Variance 73 Smuggler Grove Sarah Oates DRAC - Variance Mike Seguin Rally Dupps AlA of Consortium Arhcitects 03/16/04 RESO 8 OF 2004 7/01/04 D DRISCOLL 1"""\ " ,I ~ RETAIN FOR PERMANENT RECORD .'\i!l'"" .... " 1l~11II1111 1111 \111111 ~:~~~~~..360 SII..VI~ D~VIS PITKIN COUNTY cO R 16.00 0 0.00 Resolution No. 08 (SERIES OF 2004) RESOLUTION OF THE PLANNING AND Z()~ING COl\fl\fIS~ION APPROVING VARIANCES TO THE RESIDENTIAL DESIGN STANDAf{DS FOR SECTIONS 26.41p.040(C)(2)(B) AND 26.410.040(D)(2), FOR 73 SMUGGLER GROVE, EAST MEADOW SUBDIVISION, LOT 5, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-181-06006 WHEREAS, the Community Development Department received an application from Mike Seguin, owner, represented by Rally Dupps of Consortium Architects, for variances from the Residential D~sign Standards for 73 Smuggler Grove, East Meadown Subdivision, Lot 5; and, WHEREAS, the property located at 73 Smuggler Grove is a 6,211 square foot lot, located in the Moderate-Density Residential (R-15A) Zone District, and currently has a duplex located on the lot; and, WHEREAS, pursuant to Section 26.410.020 of the Aspen Municipal Code, Community Development Department staff reviewed the applicant's application for compliance with the Residential Design Standards of Section 26.410.040 of the Aspen Municipal Code and found the submitted development application to be inconsistent with Standard 26.410.040(C)(2)(b), related to garage location and Standard 26.410.040(D)(2), related to a one story street facing element; and WHEREAS, Section 26.410.020(C) of the Aspen Municipal Code provides that if an application is found by Community Development Department staff to be inconsistent with any item of the Residential Design Standards, the applicant may either amend the application or appeal staff s findings to the Design Review Appeal Board pursuant to Chapter 26.222, Design Review Appeal Board; and WHEREAS, pursuant to Section 26.410.020(B) of the Aspen Municipal Code, the applicant submitted a request for a variance from Standard 26.410.040(C)(2)(b) and Standard 26.410.040(D)(2) of the Aspen Municipal Code to the Planning and Zoning Commission as it applies to the garage location and one story element; and WHEREAS, all applications for appeal from the Residential Design Standards of Section 26.410.040 must meet one of the following review standards in order for the Design Review Appeal Committee or other decision making administrative body to grant . an exception, namely the proposal must: 1. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development \. "'" .. 1'\\111111 UIIU 111\ 'IU'I! I'll \'1"\ III "II' 11'\ \,,\1~~~~~ ~.. 3.0 SIt_VIA \)AVIS PITKIN COUNTY CO R 16.00 0 0.00 with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to' determine ifthe exception is warranted; or, '!!' 2. Be clearly necessary for reasons of fairness related to llnlI.sllal site-specific constraints. WHREAS, during a duly noticed public hearing at a regular meeting on March 16, 2004 the Planning and Zoning Commission approved variances from the Sections 26.410.040(C)(2)(b) and 26.410.040(D)(2) of the Aspen Municipal Code for 73 Smuggler Grove by a vote of four to z~ro (4) to (0). NOW, THEREFORE BE IT RESQLYEn~X1JrE:GI!X 9:I?~~J?;E,~J!I.-~~NI~p AND ZONING COMMISSION, ALSO SERVING AS THE DESIGN REVIEW APPEALS COMMITTF;E: . Section 1 That a proposed variance for a single-family residence at 73 Smuggler Grove, Aspen, Colorado, is approved pursuant to Section 26.410.040(C)(2)(b), related to garage location and Section 26.410.040(D)(2), related to providing a one story element of the Resi4ential Design Standards finding that the review standards have been met. Section 3 All material representations and 'commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be. complied with as if fully set forth herein, unless amenq.ed by an authorized entity. Section 4 . This Ordinance shall not effect 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, cOllclud.ed. l.ll1der ~uch prior ordinances. . ' Section 5 If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a COllrt . ()f c()l11petent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its regular meeting on March 16,2004. 2 l APPROVED AS TO FORM: ,(j-,-/ 1 Jr c-tly Attorney ATTEST: ~~ . ity Clerk g:\home\saraho\planning\drac\73smugglerreso JUU[[IJIlln~ m ~;~~::! ~'3.. R 16.00 0 0.00 PLANNING AND ZONING COMMISSION: .~ 3 r\ AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, MARCH 16,2004 4:30 PM SISTER CITIES ROOM, CITYRALL I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES III. DECLARATION OF CONFLICTS OF INTERESTS IV. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS A. 73 SMUGGLER GROVE DRAC VARIANCES, Sarah Oates B. . 616 W. MAIN STREET CONDITIONAL USE, James Lindt V~ PLANNING AND ZONING COMMISSION WORK SESSIONS A. BUILDING ENVELOPE ADJUSTMENT WORK SESSION, J ames Lindt VI. BOARD REPORTS VII. ADJOURN ') ~~, ~~ ... A TT ACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: .:~77 (-.-:> ;5lMit~ '€ V' 3/2.704' I I ,200~ &;/(") \ }....o, Aspen, CO .... -- SCHEDULED PUBLIC HEARING DATE: STATE OF COLORADO ) ) ss. County of Pitkin ) \--"". \ 1/ . . I, ~ C\ IN\ If ~ /-1 VI eRr (name, please print) being or representing an Applicant to t e 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 isattac.heq l1,e,reto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was 'posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304,060(E)(2) ofthe 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-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 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) PUBLIC NOtICE RE: 73 SMUGGLER GROVE, REQlJESl'FORRESIDENflA.tDESIG'N STANDARD VARIANCES NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 2, 2004 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Mike Seguin, represented by Rally Dupps of Consortium Architects, affecting the property located at 73 Smuggler Grove, East Meadow Subdivision, Lot 5. The proposal includes a request for the following variances: a waiver of "Residential Design Standards" Sections 26.41 0.040(C)(2)(b) related to garage orientation and 26.41O.040(D)(2) relating to a first story element. For further information, contact Sarah Oates at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 920-5441, saraho@ci.aspen.co.us. s/Jasmine Tvgre Chair, Aspen Planning and Zoning Commission Published in the Aspen Times on February 12,2004 --------------------~---~~~-----~-~~~~-----~~~~~~--~--~~----- ----------------------------------------------------------------- City of Aspen Account ~ 1ZA. MEMORANDUM TO: Aspen Planning & Zoning Commission Joyce Allgaier, Deputy Planning Directo~ Sarah Oates, Zoning OfficerS t.;. THRU: FROM: DATE: March 15,2004 RE: Residential Design Standard Variances for 73 Smuggler Grove SUMMARY: The subject property is a 6,211 square foot lot inthe Moderate-Density Residential (R-15A) zone district. Currently, there is a non-conforming duplex on the lot. The applicant is proposing a single-family dwelling unit and detached garage and ADD. The applicant sought and received setback variances from the Board of Adjustment in September 2002. The Board of Adjustment granted an ex.tension (BOA variances expire in a year from the date they are granted) in September 2003. The plan which the Board of Adjustment approved requires two variances from the Residential Design Standards. The applicant requests a variance from the Residential Design Standards related to the one story element and garage orientation. The requirements for these standards are as follows: · 26.41 0.040(C)(2)(b): The supporting column of a carport or garage shall be set back at least ten feet (10' Oil) further from the street than the front most wall of the house. · 26.410.040(D)(2): First story element. All residential buildings shall have a first-story street-facing element the width of which comprises at least twenty (20) percent of the building's overall width and the depth o{whiCh isafleas1:six.(6) feet from the wall the first-story element is projecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first- story element may be a porch or living space. Accessible space (whether it is a deck, porch, or enclosed area) shall not be allowed over the first story element, however, accessible space over the remaining first story elements on the front fa<;ade shall not be precluded. APPLICANT: Mike Seguin represented by Rally Dupps of Consortium Architects and Mitch Haas of Haas Land Planning. The application is included as Exhibit A. LOCATION: 73 Smuggler Grove, East Meadow Subdivision, Lot 5. ZONING: Moderate-Density Residential (R-15A). 1"""\ SITE DESCRIPTION: The proposed project is a single-family home on q 6,211 square foot non-conforming R-15A lot. The lot has utility easements that run around the west and south sides of the lot and a sewer easement which splits the lot in half. The Board of Adjustment granted front yard setback variances for both the principal and accessory buildings and a side yard setback variance for the north side yard. REVIEW STANDARDS AND STAFF EVALUAtION: Pursuant to Section 26.222, in order to authorize a variance frorIlthe Residential Design Standards, the Planning and Zoning Commission shall make a finding that Standard 1 or Standard 2 is met. In response to the review criteria for DRAC variance(s), staff makes the following findings: 1. Standard: Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, Response: The neighborhood consists of seven non-conforming lots in terms of size and density. There is an eighth lot that complies with the minimum lot size requirements. Staff feels that due to the location of the subdivision as well as the wide variety of structures existing on the street that this standard is not applicable. 2. Standard: Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Response: Staff believes the garage variance request can be granted based on site-specific constraints. The constrained building envelope as well as the orientation of the access for the lot creates a situation where side-loading the garage is the only option. Further, the code allows for a side-loaded garage forward of the front most column of the house on lots larger than 15,000 square feet. So, the code does allow for the design as proposed but there is not enough square footage on the lot. Staff finds that there are no site-specific constraints which would prevent the applicant from providing a one- story element. 2 t"", ST AFF RECOMM:E:NDA T~QN:... Sta.ffrY9()mmYP:~~!ha,.!th~~yS~~~~tia,.1.J?~~i~n Standard variarlC:i:: [i::quest to allow the garage forward ofthe front rnostC,91Ull'lIloJtl1e house be granted and the request to waive the one story element requirement be denied. RECOMMENDEI>..M.9!!.QNJall motions in the. affirllla,tiye): "I move to approve Resolution No,_, Series of2004 granting a variance from Section 26.410.Q40(C)(2)(b), relating to the location of the garage and Section 26.410.040(D)(2), relating to the first story element finding that the review standards in Section 26AIQ:Q20(C) have been met for the construction of a single family home and detached garage and ADD at 73 Smuggler Grove. " ATTACHMENTS: Exhibit A -- Application 3 ~ Resolution No. (SERIES OF 2004) RESOLUTION OF THE PLANNINGANPZONING.COMMJSSION APPROVING VARIANCES TO THE RESIP:li:NTIAJ" D:li:SJGN SJANDARPS FOR SECTIONS 26.41O.040(C)(2)(B) AND 26.410.Q40(D)(2), FOR 73 SMUGGLER GROVE, EAST MEADOW SUBDIVISIQN, LOT 5, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-181-06006 WHEREAS, the Community Development Department received an application from Mike Seguin, owner, represented by Rally Dupps of Consortium Architects, for variances from the Residential Design Standards for 73 Smuggler Grove, East Meadown Subdivision, Lot 5; and, WHEREAS, the property located at 73 Smuggler Grove is a 6,211 square foot lot, located in the Moderate-Density Residential (R-15A) Zone District, and currently has a duplex located on the lot; and, WHEREAS, pursuant to Section 26.410.020 of the Aspen MUnicipal Code, Community Development Department staff reviewed the applicant's application for compliance with the Residential Design Standards of Section 26.410.040 of the Aspen Municipal Code 3.J1d found the submittedgyVylopment application to be inconsistent with Standard 26.410.040(C)(2)(b), related to garage location and Standard 26.410.040(D)(2), related to a one story street facing element; and WHEREAS, Section 26.410.020(C) of the Aspen Municipal Code provides that if an application is found by Community Development Department staff to be inconsistent with any item of the Residential Design Standards, the applicant may either amend the application or appeal staff s findings to the Design Review Appeal Board pursuant to Chapter 26.222, Design Review Appeal Board; and WHEREAS, pursuant to Section 26.410.020(B) of the Aspen Municipal Code, the applicant submitted a request for a variance from Standard 26.41O.040(C)(2)(b) and Standard 26.41O.040(D)(2) of the Aspen Municipal Code to the Planning and Zoning Commission as it applies to the garage location and one story element; and WHEREAS, all applications for appeal from the Residential Design Standards of Section 26.410.040 must meet one of the following review standards in order for the Design Review Appeal Committee or other decision making administrative body to grant an exception, namely the proposal must: I. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development. 1"""\ 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, 2. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. WHREAS, during a duly noticed public hearing at a regular meeting on March 16, 2004 the Planning and Zoning Commission approved variances from the Sections 26.410.040(C)(2)(b) and 26,410.040(D)(2) of the Aspen Municipal Code for 73 Smuggler Grove by a vote of _ to _ U to C). NOW, THEREFORE BE IT RESOLVED. BY TilE CITY OF .A.~P.EN P~AN~I~G AND ZONING COMlVIISSION, ALSO SERVING AS THE DESIGN REVIEW APPEALS COMMITTEE: Section 1 That a proposed variance for a single-family residence at 73 Smuggler Grove, Aspen, Colorado, is approved pursuant to Section 26,410.040(C)(2)(b), related to garage location and Section 26.41 0.040(D)(2), related to providing a one story element of the Residential Design Standards finding that the review standards have been met. Section 3 All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as iffully set forth herein, unless amended by an authorized entity. Section 4 This Ordinance shall not effect 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 5 If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court. of <;olllpetent jurisdiction, such portion' shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its regular meeting on March 16, 2004. 2 ~ APPROVED AS TO FORM: PLANNING ANPZQNING COMMISSION: City Attorney . Jasmine Tygre;'Chaii' . ATTEST: City Clerk g: \home\saraho\p lanning\drac\ 73smugglerreso 3 ~ one story element has been largely a staff interpretation. We respectfully disagree with this past ruling that an uncovered open deck over this space would have any other visual interpretation from the street than a one story element. If we are forced to make this area inaccessible, we would replace the deck railing with a gabled roof, that we feel would have far more visual impact that that of an open 36" tall guardrail. We further argue that should DRAC grant a variance for this small request that this would NOT serve as a precedent allowing all others after us, to get the same variance. As stated above, our project faces a multitude of building restrictions and site specific, unique circumstances that bring us before you with this application; a combination of which is very unlikely . to ever occur again. As far as the remainder of requirements for a one story element, this deck meets all of the other Residential Design Standard guidelines. Our 7' -3" deep deck exceeds the 6' minimum depth, is 17' wide and thus more than 20% of the building's overall st~eetfacing width, and has a plate height of less than 10'. Our design meets guideline 1 for the granting of DRAC variances in that this home is surrounded by a mixture of single family, duplex and multi-family buildings of all type, configuration, size and shape. One cannot convincingly argue that there is uniformity of design between any of these structures in the neighborhood or even among the types of buildings themselves. For example, there is no uniformity of design between' all single family residences. Some have porches, others do not. Some have setbacks from the street; others push right up to the parking lot that is Smuggler Grove. Zoning in this area is likewise divergent, with a mixture of high density multi family structures at the end of the street with secluded single family residences on large treed lots at the other. Allowing accessible space over our one story element does not detract from the pedestrian experience, does not create unusual architecture that is incompatible with its neighbors, does not deviate from the spirit of the Residential Design Standards, nor does it irresponsibly convey rights upon my client. If anything, the one story element with accessible deck above sets the house back form the street, reducing visual impact to the neighbors and pedestrians alike. It is a first step towards restoring an already fragmented R-15 zone district back to ideas set forth by the Residential Design Standards and the city code. It further respects its low density neighbors by offering a visual buffer between the front yard and the two story gable of the home behind this deck. As discussed before, our situation is unique and a small deck that frames great views toward Aspen Mountain is certainly a small request, considering all of the obstacles we have had to overcome in the past year to get approval from BOA, city staff, and concerned neighbors. Our building envelope is only 38' deep along Smuggler Grove. Compare this to 65' or even 75' which is the depth of the majority of single family residences in the city of Aspen. To require my client to honor the one story element places a great burden on any design for this skinny strip of land. Despite this contradiction between the code and practicality, we found a way to design one anyway. We meet guideline 2 in that our lot is so encumbered in size, by easements, in having limited access to Smuggler Grove, and by having such an unusual building outline (derived from the unusually long and narrow lot), that it is only right and fair that DRAC find that we are merely asking for a small variance from what was a staff interpretation of the Residential Design Standards. Our proposal gives back to the community and the neighborhood, by designing a modest, attractive home and detached garage that breal(s up the elements of the program into two sensitively sized structures, provides off street parking, works with the goals of the neighborhood, the city of Aspen, and the Aspen Area Community Plan to name a few. So far, this project has been unique in that it has been a successful synergy between homeowner and community. We ask that DRAC respect the ~ good work that has gone before it, continue in the spirit of cooperation that has prevailed so far and let this excellent project of community involvement, continue onward for building permit. List of Exhibits: A - Drawing set of plans, elevations, site plan, FAR calculations for 73 Smuggler Grove home and garage B - Proof of ownership with payment C - Signed fee agreement D - Applicant's authorization letter for Consortium Architects and Rally Dupps E - 8 yz" x 11" vicinity map F - Site improvement survey from Alpine Surveys G - DRAC - Variance Request Memo (the document you have before you) H - List of neighbors within 300' I - Copies of prior approvals r"\ 73 Smuggler Grove DRAC - Requested Variances Memo To: The City Of Aspen CC: Mike Seguin, Sarah Oates Date: November 26,2003 Subject: 73 Smuggler Grove, East Meadow Subdivision Lot 5 Parcel ID# 273718106006 From: Rally Dupps of Consortium Architects (Representative) ,"i'..:','", :,'....>"...;.'-',,~'i .":;i..,';~'..''-';..'-'' c,........,"' Applicant's Information: Mike Seguin 503 Dean St. Aspen, Colorado 81611 ph: 970-618-6546 RETAlNFOR~.~ Representative's Information: Rally Dupps, AlA of Consortium Architects POB 786 Basalt, Colorado 81621 ph: 970-927-2299 fax: 970-927-2266 Proiect Description: 73 Smuggler Grove Road is an existing legal non-conforming duplex on a lot that is zoned in the city of Aspen as R-15A. The lot size is 6211 s.f and has 32~9 s.f of allowable F.A.R toraslnglefarnily residence and 3663 s,f for a duplex. The lot has three easements that run across the property, overhanging power lines, and has an irregular non - rectangular shape. In addition to this, the lot is located at the dead end of Smuggler Grove, with neighboring lots that nearly completely surround the subject property. There is only a few feet of actual frontage onto Smuggler Grove from this lot. A 16'-0" wide sewer easement running at a diagonal effectively cuts this'property in half. There is also a 5'-0" general utility easement which runs along the east side of the property andanothei: 10'- 0" general utility easement that runs. along the north end of the property. According to the city zoning codes, the front yard setback is 25'-0"with a,rear yard s~tbac1( ofl0'- 0" and side yard setbacks of 10' -0", The front yard setback would be from Smuggler Grove. For accessory buildings, the front yard setback is 30' -0", side yard setback is 10'-0", and the rear yard setback is 5' -0". At BOA, we successfully made the argument that due to the unique configuration of this lot and the many easements on the property, the literal interpretation and enforcement of Title 26 would have deprived my client the rights commonly enjoyed by other parcels in the same zone district and would have caused my client unnecessary hardship and / or practical difficulty. After strict interpretation of the land use code, the resulting building envelope would not have allowed for a home or a garage of practical dimensions or function. The existing duplex -' please ref. improvement survey - is built over the sewer easement and almost up to the sewer line itself. Furthermore, the north rear porch completely covers this easement. The redevelopment of the site will remove these encroachments. ~. The main problem we faced was how to access the property from Smuggler Grove road. Our proposal placed the bulk of the residence building envelope to the south of the sewer easement with a separate, detached garage /ADU to the north ofthe sewer easement. Since the frontage on Smuggler Grove is the width of the street itself, our solution was to use a separate, detached garage which is accessed by a driveway that travels along the sewer easement. This will allow easy access to the sewer line for maintenance by the sanitation district as well as reducing the mass of the residence by placing the garage to the rear of the property, which is a traditional residential urban configuration. There is no alley from which to access the property, since the surrounding roads of Mascotte and Ardmore are private. Our BOA application was granted variances from the Title 26 dimensional requirements, These were the following: 1. 10' -0" front yard setback for accessory building 2. 10' -0" front yard setback for principal building 3. 5' -0" side yard for principal building Variances from the city setback standards were approved by the Board of Adjustment on September 5,2002 by a 5-0 vote (BOA resolution No. 03 series of2002) and extended for another year by BOA on October 16, 2003. At the first hearing" the board also set the allowable FAR to 3007 s.f (down from 3299 s,f,) and made the proposed set of drawings a part of the approval. We are now going before DRAC to take care oftwo simple remaining issues relating to the Residential Design Standards before we apply for a building permit at Community Development. DRAC Issues As detailed by the resolution under section 3, line 3, the approved plans require DRAC variances from the Residential Design Standards section 26.410. We are seeking a couple of reasonable variances from the amended Residential Design Standards section 26.410.040 that we will need to accommodate our design and its response to our unique site constraiIlts. 'These are the following: 1. variance from section 26.410.040 (C)(2)(b) relating to the location of the garage on the site plan being 10' further from the street than the front most wall of the house and, 2. variance from section 26.410.040 (D)(2) regarding the first story element facing the street DRAC Variances According to the newly amended Residential Design Standards, we must demonstrate to the DRAC, and the board must find that the variance, if granted, would: 1. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. 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, 2. Be clearly necessaryfor reasons offairness related to unusual site specific constraints. 3. We shall address how this standard is appropriate for both variances in which we are seeking below. Section 26.410.040 (C)(2)(b) relating to the location of the garage on the site plan: Given our site.;specific limitations, this garage orientation is the most appropriate configuration to exist in harmony with the neighborhood meeting the criteria of standard 1. It eliminates the need for on street parking entirely and allows for a sensitive, modestly sized garage that minimizes impacting the neighboring buildings in terms of mass, height and scale. Its location is tucked away from street view and is accessed by a long drive that travels over an existing sewer easement, an area restricted from any building of any kind. It alleviates the eye pollution caused by more cars, parked in front of homes as is typical in the neighborhood. The driveway w/turnaround is also a safer way to access the street from the property. Any departing vehicle will be headed forwards and not blindly backing up into an already congested dead end road full of people and cars as exists now. There is ample separation (approx. 35') between the home and the garage which serves the neighborhood well by reducing building massing. It is a common strategy in urban resid,ential planning and is mentioned in the Residential Design Standards to have smaller, separate buildings, rather than a single larger mass for a home. It is also a far better pedestrian experience to be able to walk in front of a home without being confronted by the suburban banality of a two stall garage being the primary street facing fayade. We meet the criteria of standard 2 in that our garage configuration and orientation is clearly necessary due to the lot's unique shape, size, access and BOA approvals. BOA has unanimously signed off on our application that places the separate and detached garage to the north of the sewer easement, which cuts this property in half, with garage doors that face the house. BOA granted variances that accommodates this garage location and orientation because there is no alley from which to access the property (refer to project description above). 73 Smuggler grove is surrounded on all sides by private property and private drives. In fact, there are only a few precious lineal feet of actual street frontage onto Smuggler Grove from which access this property at all. A garage is clearly a better alternative to street parking in an already congested area full of cars from duplexes and other multi family buildings in the neighborhood. Section 26.410.040 (D)(2) regarding the first story element facing the street: My client was forced to get creative and design a home that we think works rather well to overcome seemingly insurmountable odds. A few of these include a staggered triangular, building envelope, a 16' wide sewer easement cutting the lot in two, minimal Smuggler Grove street frontage, restrictive utility easements on three sides, neighbor concerns, and parking. Furthermore, all of these issues needed to be solved within the confines of a long, narrow strip of land surrounded on all sides by two 2 jurisdictions of private property and private roads. We succeeded in solving everything thanks to the creativity and synergy between the city, volunteer board members, concerned neighbors, this architect, and my client. This project serves as a benchmark of cooperation between all of these' parties. Our unanimously approved drawings from BOA included a 7' -3" upper level deck over living space. Part of the BOA granted variance at this meeting was to describe the entire building envelope, not only on a two dimensional site plan, but three dimensionally as well. This three dimensional building envelope includes all external elements such as porches, deck, plate heights, roof forms and other facets ofthe exterior elevations. We are asking DRAC not to redesign a project that has been so successful in meeting the needs of all of these various entities. We understand that the code' states that accessible space shall not be allowed over the first story element. However, we argue that this has essentially been already approved through the BOA hearing variance request process. Knowing that DRAC variances would be required for the porch and garage, BOA gave approval to our proposal anyway and thus set a' pre-determined three dimensional envelope when it included the architectural set of drawings as a part of the original approval and the extension of the approval. This . project has now moved forward to DRAC as designed, without alteration. Before the recent code amendment, the Residential Design Standards section regarding accessible space over a one story element has not been entirely clear. Not permitting accessible space over this r-., w 0 '"0 U 0 I.- 0 Z - (V) 0 0 u W 0 en C't E ....., ... 0 0 c Q) CD ::J r-- ....., Q. r-- -- - - - - V) ..c ~"""E ...... (00)0 en 0 ..........0 N 0 00<.0. s..... 0 , 0 'tl r-- s.... l'2LO';;; W 0 co ..2('\1,_ 8Q')~ _(1) . . ~oo. U (fJ 8.""" 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" ~" i' ATTACHMENT 7 AFFIDA vIr OF PUBLIC NOTICE REQUIRED BY SECTION .26~304.060 (E), ASPEN LAND USE CODE ADDRESS O,F' PROPERTY: ?e~ 5 VV\ (AG\C\( eV&J6~J ~Aspen, co ?/lrJQL/- ,200_ . SCHEDULED PUBLIC HEARING DATE: STATE OF COLORADO ) e) ss. County of Pitliin ) I, ~~: W\~ 5: . . Ljl/v:-lf-i .. '..' ,.... ". " ' (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have compliedwith the public notice requirements of Section 26.304.060 (E) of the AspelJ; Land. Use Code in the following maImer: 4-Fublication of notice: By tile publication in the legal notice section of all official . paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. . Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six(26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public . hearing. A photograph of the posted notice (sign) is attached hereto. ~' . Mailing of notice. By the mailing ofa notice obtained fromthe Community Development Department, which contains the information de~cribed in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteeIl (15) days prior to the public hearing, notice was hand deliveredorma.iled 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 dev~lopment application. The names and eaddresses of property owners shall be those on the current tax records of Pitkin County as they appeared 1-10 more thaIl . sixty (60) days prior to the date'ofthe public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) <'! ~ ,,-.., ~ pt; ','I} . ~,.,.~Ct'MFN"1" 7 AFFIDAVIT OF PUl3bIGNQtI9~' REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: (3 ()J\ U b&: Lf.\<-- SCHEDULED PUBLIC HEAI~.IN'GJ)ATE: I\AAiLLH- G~\)E lG, , 200.1:- , Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin ) I, t)(LL'f \J u \Y~SI COJJ~~ l'LTl VM , . , (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 tl1e following manner: K Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. >< Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the '7)'\ day of r:t:-S ' 200 A:..., to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. "^ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the infoI"m(ltiOIlq.~~sriQ~djn Secti()Il 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-governmenta.l 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) ... .. ~ .11 Rezoning or text amendment. Whenever the ()ffjcialz,otling 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.iJe alll~tlcled, .whether such revision be made by repeal of this Title, and enactment ofa ne,\\! latld use regulation, or otherwise, the requirement of an accurate sllrvey 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. Si The 'foregoing "Affidavit of Notice" was acknowh;~dged before me this t~ day of~,200-i',by-&Lph V~(lp5 -. WITNESS MY HAND AND QFFICIAL SEAL ~ My commission expires: V1. '10, ?/)O~ ~wv/~ Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTIC:Ii:]) BY MAIL " ~ ,.....( ~. P"",UB,.. L,.I,.,C",.."..N,O, T..,.I"CE, .,' RE: 73 SMUGGLER GROVE~ REQUEst 'FOri RES]]j~NTIAL IIE$I9N STANDARD VARIANCES NOTICE IS HEREBX9ry~Nthata public hearing will be held on Tuesday, March 16,2004 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Mike Seguin, represented by Rally Dupps of Consortium Architects, affecting the property located at 73 Smuggler Grove, East Meadow Subdivision, Lot 5. The proposal includes a request for the following variances: a waiver of "Residential Design Standards" Sections 26.41 0.040(C)(2)(b) related to garage orientation and 26.410.040(D)(2) relating to a first story element. For further information, contact Sarah Oates at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 920-5441, saraho@ci.aspen.co.us. s/Jasmine TV2re Chair, Aspen Planning and Zoning Commission Published in the Aspen Times on F~bruary 12,2004 City of Aspen Account :::'mooth feed Sheets ™ .~. ~........ AMES MARTHA E 23 SMUGGLER GROVE RD ASPEN, CO 81611 "..... BESTIC JEFFREY B 301 MIDLAND PARK AVE PO BOX 2267 ASPEN, CO 81611 BIRRFELDER BRIGITTE T PO BOX 3035 ASPEN, CO 81612 BOYD JEFFREY R PO BOX 8361 ASPEN, CO 81612 BROWN RUTH H 410 N MILL ST #B11 ASPEN, CO 81611 ",.,..., IiL"l BUREK DEBORAH J PO BOX 812 ASPEN, CO 81612 CANTRELL WESLEY R 104 KATHRYNS WAY ASPEN, CO 81611-2405 CONANT RICHARD H 55 SMUGGLER GROVE ASPEN, CO 81611 DEL YNN JEAN J C/O STOVROFF & TAYLOR TRAVEL 1127 WEHRLE BUFFALO, NY 14221 ~, , /LE JOHN F & LAURIE FRAMPTON PO BOX 12236 ASPEN, CO 81612 flAVERY@ Address Labels Use template for 5i60@ BANNEROT KARIN SOFIA 43A SMUGGLERGROVE RD ASPEN, CO 81611 BEIDLEMAN NEAL J & AMY G PO BOX 4362 ASPEN, CO 81612 BEYER ALAN R 410 N MILL ST #B11 ASPEN, CO 81611 BIRACH KAREN 122 MIDLAND PARK PL ASPEN, CO 81611-2414 BLOMQUIST JENIFER PO BOX 12155 ASPEN, CO 81612 BOLERJACK LISA PO BOX 811 ASPEN, CO 81612 BROOKS KERRI L 112 MIDLAND PARK PL ASPEN, CO 81611 BROWN DONALD 412 KATHRYNS WAY ASPEN, CO 81611-2405 BUCKLEY BETTY J 326 MIDLAND AVE #303 ASPEN, CO 81611 BUREAU OF LAND f\..1<3MT US DEPT OF INTERIOR COLO OFFICE 2850 YOUNGFIELD ST LAKEWOOD, CO 80215-7076 BYRNES JAMES ROBERT & VALERIE P 90 CLAYLN ASPEN, CO 81611 CALK LAURA E WILLCOX DENNIS AS JOINT TENANTS 722 MIDLAND PARK PL ASPEN, CO 81611-2472 CHAUNER RONALD M & JACKIE L SHEFFER PO BOX 8782 ASPEN, CO 81612 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 CUNNINGHAM PAMELA M 502 MIDLAND PK PL ASPEN, CO 81611 DE ELGUEA ALEJANDRO ORTIZ PO BOX 9871 ASPEN, CO 81612 DETWEILER DIRK PO BOX 812 ASPEN, CO 81612 DODINGTON SUSAN M 221 MIDLAND PARK PL ASPEN, CO 81611 ERLANGER MELISSA PO BOX 2504 ASPEN, CO 81612 ERNST TERSIA V 206 KATHRYNS WAY ASPEN, CO 81611-2405 Laser 5160@ Smooth Feed Sheets ™ i ';. ETTLINGER JARED P WI GODWIN PO BOX 10936 ASPEN, CO 81612 FORNElL PETER J 402 MIDLAND PARK PL ASPEN, CO 81611 GLICK DANIEL PO BOX 9910 ASPEN, CO 81612 GORBITZ HEIDI GORBITZ PATRIC PO BOX 647 ASPEN, CO 81612 GUGLIELMO KNANSEE L 514 KATHRYNS WY ASPEN, CO 81611 HAGEN CATHERINE ANNE 210 MIDLAND PARK PL B-10 ASPEN, CO 81611 HECK JAMES C PO BOX 8416 ASPEN, CO 81612 HOUBEN CYNTHIA MICHELE PO BOX 9616 ASPEN, CO 81612 JEFFERSON GREG 711 MIDLAND PARK PLACE ASPEN, CO 81611 !~ENBOCK ERNST h. ,L WOODBINE HEIGHTS BLVD TORONTO ONTARIO CANADA, M4B 3A4 {lAVERY@ Address labels Use template for 5160@ FERLlSI MARY SANDRA 326 MIDLAND AVE #307 ASPEN, CO $1611 FLUG MARTIN CIO GULFCO 616 E HYMAN AVE ASPEN, CO 81611 FUENTES DAVID & KATHARINE D 302 MIDLAND PARK PL ASPEN, CO 81611 GARTON SARA B 110 MIDLAND PARK PL ASPEN, CO 81611 GODWIN DIANA L WI ETTLINGER 712 MIDLAND PARK PL ASPEN, CO 81611-2472 GOODMAN DREW I 9538 E HIDDEN HILL LN LITTLETON, cO . 80124 GRIFFITHS THOMAS W 504 MIDLAND PARK PL ASPEN, CO 81611 GRUBBS MATT 333 MIDLAND AVE #3 ASPEN, CO 81611-2412 GULL EVAN H REV TRUST 25 ARDMORE CT ASPEN, CO 81611 HACH STEPHEN C 23 SMUGGLER GROVE RD ASPEN, CO 81611 HALPERIN ALEXANDRA PO BOX 2210 ASPEN, CO 81612 HARRIS GEORGE WALTER III PO BOX 11005 ASPEN, CO 81612 HEYMAN BRUCE ALAN & VICKI S C/O GOLDMANSACHS & CO 4900 SEARS TOWER! 233 S WACKE DR CHICAGO, IL 60606 HIGGINS PAUL 303 MIDLAND PARK PL #C-3 ASPEN, CO 81611 HYDER GENE MICHAEL 320 MIDLAND AVE ASPEN, CO 81611 IBARA RON PO BOX 9757 ASPEN, CO 81612-9757 JOHNSON SHAELUND80% INT PO BOX 3549 ASPEN, CO 81612 JOHNSON WILLIAM E PO BOX 1285 ASPEN, CO 81612 KANG NOBUKO SINJA 336 MIDLAND AVE #6 ASPEN, CO 81611 KOCH KATHRYN S & JOHN F 304 MIDLAND PARK PL C-4 ASPEN, CO 81611 Laser 5160@ ::>moom teea :,neets "VI Use template for 5160@ .. ~-f;'. KOLBERG JUDITH A 501 MIDLAND PARK PL ASPEN, CO 81611 ~. LAFOUNTAINE ANTOINETTE 410 KATHRYNS WAY #01 ASPEN, CO 81611 LAUGHREN DAVID & DANA PO BOX 1265 ASPEN, CO 81612 LEBBY NICK & SARA PO BOX 1352 ASPEN, CO 81612 LEVENTHAL ROBERT B 515 KATHRYNSWAY ASPEN, CO 81611-2405 LOW RICHARD B PO BOX 8744 ASPEN, CO 81612 MAC CRACKEN SCOTT R & MARISA POST PO BOX 10821 ASPEN, CO 81612 MCCOLLUM MICHAEL DAVID UNO 20% INT PO BOX 3549 ASPEN, CO 81612 MCDONALD FRANCIS B PO BOX 4(371 ASPEN, CO 81612 MCDONNELL NANCY 50 RIVERSIDE DR #6B NEW YORK, NY 10024 MCGAVOCK MARGARET ALBERT ELIZABETH A PO BOX 533 ASPEN, CO 81612 MCPHEE JAMES MICHAEL 401 MIDLAND PARK PL ASPEN, CO 81611 MCPHERSON GREGORY J PO BOX 2073 ASPEN, CO 81612 MEBEL GREGORY E 326 MIDLAND AVE #102 ASPEN, CO 81611-2430 MOHWINKEL CLIFF 2363 PEACHTREE LN SAN JOSE, CA 95128 NEW STEPHEN E & KORI A 821 MIDLAND PARK PL ASPEN, CO 81611 NEWELL GEORGE S PO BOX 2179 BOULDER, CO 80306 NICHOLS SCOTT A PO BOX 3035 ASPEN, CO 81612 OLDFIELD BARNEY 326 MIDLAND AVE #306 ASPEN, CO 81611-2430 OSBERGER MADELEINE PO BOX 8744 ASPEN, CO 81612 PATTEN DAVID N 810 MIDLAND PARK PL ASPEN, CO 81611 PERLEY PAUL PO BOX 12155 ASPEN, CO 81612 PHILLIPS ARTHUR R AND GRANO HELEN B PO BOX 8245 ASPEN, CO 81612 REDMOND JOHN B & LYNN G 207 KATHRYNS WAY #B-3 ASPEN, CO 81611 RIGNEY JOHN & ANNA 102 KATHRYNS WAY ASPEN, CO 81611-2405 RITTER JEANNE MARIE 1018 20TH ST APT A SANTA MONICA, CA 90403 ROSEN JANE PO BOX 9853 ASPEN, CO 81612 r)WSKY DANIEL PU SOX 2210 ASPEN, CO 81612 SCARLETT ROBIN 413 KATHRYNS WAY ASPEN, CO 81611-2405 SIDERS TARA 711 MIDLAND PARK PLACE ASPEN, CO 81611 eAVERV@ Address Labels Laser 5160@ ""',' ~=~-"""'" .""","""," ,.,.'..,'".."'"""',"=."".,"';'~ """'>~ '. Smooth Feed Sheets ™ .. t.-<, SMITH DONALD NELSON 501 MIDLAND PARK PL ASPEN. CO 81611 /""', STEIN DEBORAH 710 MIDLAND PARK PL ASPEN. CO 81611 TAYLOR JACQUELINE W C/O STOVROFF & TAYLOR TRAVEL 1127 WEHRLE BUFFALO. NY 14221 WEBSTER DAVID H PO BOX 10362 ASPEN, CO 81612 WELLS JOSEPH EDWARD 602 MIDLAND PARK PL F-2 ASPEN, CO 81611 r" 8AVERV@ Address labels Use template for 5160@ SMITH JACK USMITH DIANE M 434 COTTONWOOD DR EVERGREEN. CO 80439 SPONAR ANTON K AND JUDY 222 MIDLAND PARK PL ASPEN. CO 81611=2486 STOVROFF JOAN C C/O STOVROFF & TAYLOR TRAVEL 1127 WEHRLE BUFFALO, NY 14221 SWIFT LARRY PO BOX 2711 ASPEN. CO 81612 THIEMER FRED EDWARD 326 MIDLAND AVE #302 ASPEN. CO 81611 VALLEY DOUGLAS J 111 MIDLAND PARK PL #A11 ASPEN, CO 81611-2413 WEISS AUSTIN R & REBECCA L 121 MIDLAND PARK PL ASPEN, CO 81611 WELDEN TODD E & DEBORAH C 503 MIDLAND PARK PL #E3 ASPEN, CO 81611 ZUCCO JESSE J PO BOX 1822 BASALT, CO 81621 Laser 5160@ ~11"/"'" /05/2003 04'22 9709256937 j~l~ oy; consortlum a~eh1tect~ SEGUIN e70-927.22ee; Nov-~('"' 11 :15AMj PAGE 01 Page 2/2 conSort um pcb 78e a.eaIt, 0081821 fIIlc: 97'0427-129& ~ce: 970 927 2218 I T~NSMITTAL l TO; ~,@(!!J_Q.!l'-"'R_"_'''''_~'R~_'''R'''__~''''__'R''''._''.'_'____........._._...H_~._._.,.."............._.._~,_..__,....... ' FROM; f:A)( , ~..!!y..Q.'!P.Pl !D_~,.M~~_~!9.~;!'..__.....".__.....,..........,...___....__.__.__..__.,,_..,......................_._.., ~.?~~i...._......~._.......,-,........".........__._...___._"...._.R.........................,............_......_,_,.....__..__..__..._ PACIiS: 1.10p.!\JJ;fjns..tbj!t!b!?!1...,.._~........,.......,..,..........II.....~__.__....._._-,....._...__~...._...__..".u.."'....,.~..... QATE; November 26 2003 n..........4..._..-_"..~\._I.__..~..N..........I.........._.....t....,""......~....._......,........~""'""..........-..-"..;.".;.,..;,....~...'-........,.....,......H....I..."..........__" RE: P & Z authorization 't Mike Seguin, do hereby authorize R.alJy Oupps of Consortium Architects to represent our development application for 13 Smuggler Grove. date IZ~ 3-0 3 Mike Seguin POEt 1914 Aspen, CO 81612 Sent By: consortium architects; 970-927-2266; Dec.1~3 3:44PM; Page 1/3 ~ I consortium pcb 7'80 BllUII. co B1621 fax: 070-927.2266 voice: 970 927 2~9 TRANSMITTAL to Sarah Oates UII.U.U'...............,.u.u,;..,......'............'.I..~........,..~1....~'......I....UII....U.........,;.U.,I.....ln....U...,.......................".....................................,...,.................'...1......... FROM: ~~!.~Y....Q.~p.p..~t..~~~.......".......,................"'............_.~...........................................,...,............"..,..........m.......................... 920~5439 .........'..I'I....UU~..........I......I ,......_.. ......,......I................I..U.......~n'I.I.....~......'....1I..1.........................'... ......................................".., "................II......'Un... FAXi PAGES: ;?J!:l9.J.~.Q;n.QJh.!~..~.h~~t..."................"....,..,.........,;.......,..........,......,.............,.....,.................,...",.................................. . December 11 2003 . ...........................u.............\....IU.U......ro..............................,................_.........."..... ... ...H'..........,I.... .... .',.1 ,................ ,.. .,.............. ........ ................. DATE:: RE: DRAC Please find the enclosed: 1. BOA ' resolution 03-03 dated September 18, 2003 Please let me know if there is anything else I can;get for you. Happy Holidays, Rally Sent By: consortium architects; 111..", I. 'VVJ J I; VOM1 9io.927-2~66; U~ A~nN tleC:-1~ 3:44PM; '., NQ,0319 Page 2/3 P. 1/2 ......... REsOLtJ110N :No, 03 Series oCZOOJ .~. A RESOLUTION OF TQBOARD OF AllJUS1)iENT OFTBE ClTY OF~PEN, CASE NUMBER ~ GltANTING.AN :EXTEN~IQN Qr S~TBACK VARlNAC!:S GRANTED ON SEPTEMBER S, .2002 FOR 73 SMUGGLER GROVE, LOT S, EAST 'MEADOW SUBDMSION, CITY OF ASPEN SEGUf N Section 1. Pindings orFact The Boat'd of Adjustment makes the following tlDdings of fact; \.....r..i: L A request of an extension of varian~es iran1;ecl was initiated by: Mike Seguin on August 15,2003 for property with a stre<< address 0(73 Smuggler Grove, Aspen. Colorado. 2. Notice of the proposed variance has been providecho SUlTOwding property owners in accordance with Section 26-304-060(BX3) of the Aspen Municipal. Code. Evidence of such notice IS on file With the City Clerk. 3. The request for an extension waS .submitted prior to the expiration of the existins dovclopment order, good oause bas been demon$ttated that an extension is necessary and the c:itcutnstances set forth in chapter 26.31 S are still applicabl~ See~ion 2. Extension Granted. The Board of Adjustment do~ hezclJy a twelve (12) m.onth extension the setback ....ariances granted 011 September 5) 200" ~ 73 smUggler Grove per Section 21.314.070(b) of the Aspen Municipal Code by a..:ro Q vote. . ',,--,,' Sent By: consortium architects; Utl", \, LUOJ II: ObAM 970-927-2266; Or ASHN Dec-11~ 3:4:;,M~319 Page 3/3 p, 2/2 APPROVED AS TO FORM City Attotney \......./ MRODUCBJ), RBAD AND ~OPTBD by the Boazd of Adjusnnmt of the City of Aspen on the ~ day ofSepmmher ~OO3. . Chairperson !, the undersigned duly appointed and.aeting l)~uty City Clu do c<<tiiY that tho foregoing is a tnle and ~e oopy of that resolution adopted by the Board of Adjustment of the City of Aspeu, Colorado1 at a meetU1S held on the day.hereilll1bc>ve stated. Deputy City Clerk \...........,../. \..~.........' ~ Sent By: consortium architects; 970-927-2266; Dec-11-03 3:34PM; i~ Page 1 r'\ I consortium .'1 I r.. II : I ': '. l :, pob 786 Basalt, co 81621 fax: 910-927-22e6 voice: 970 927 2299 TO FROM: fAX # PACES: DATE: TRANSMITTAL Sarah Oates ...........,........,...... ......Ulll.... In .....,..tH ....... .~..... ............. ............",..'.....,.....,...1'..................,........1....,..,III.H.f1..~.u .10.,1 u,... .................,....................... ~~!.~y...,~~p.p.,~!_~!~................................................,....................................~~........,~....,................,........,_..._m._.................. 920-5439 ......."".,"".,....................,........... ....u..lln'n..I....II..n".......u.ua....................... .... ......... ...._................ n. ......................................... ................. ........ l.tjn91MQ~L~9..!n!~L!?b~~!..................~.....",.....,........"........................,..,....~....,..~.....,....,..,.......,~.......................-....".,..,.... December 11 2003 ...,.................................1..............................................II.........................u. ....... ~..._. ._..~......_.......,.........t....uUt_.I..'.n...,..n"'.'n..".I.........................1,"" DRAC Please fine the enclosed: 1. DRAC requested variances memo 2. 300' adjacent property owners list 3. vicinity map I will OSM the drawings to you (11x17) this week. Please emall the affidavit of notice so I can get that sent out to the neighbors when you get a chance. RE: Please let me know If there Is anything else I can get for you. Happy Holidays, Rally Sent By: consortium architects; 970-927-2286; Dec-11 -03 3:34PM; , f""'\ '/J Page 2 73 Smuggler Grove DRAC .. Requested Varianees Memo 'I'm The City Of Aspen <<: Mike Seguin, Sarah Oates I)at.*':: November 26, 2003 Sabject: 73 Smuggler Grove, East Meadow Subdivision Lot 5 ParcellD# 273718106006 FrOlll: Rally Dupps of Consortium Architects (Representative) Applicantts Information: Mike Seguin 503 Dean 81. Aspen, Colorado 81611 ph:' 970-618-6546 Reoresentativets Information: Rally Dupps, AlA of Consortium Architects POB 786 Basalt, Colorado 81621 ph: 970-927-2299 fax: 970-927-2266 Proiect DescriDtion: 73 Smuggler Grove Road is an existing legal11on-conforming duplex on a 101 that is zoned in the cily of Aspen as R-15A. The lot size is 6211 s.fand has 3299 s,fofallowabte F,A.R tor a single family residence and 3663 s.f for a duplex. The lot has three easements that run across the property, overhanging power lines, aud has an irregular non - rectangular shape. In addition to thist the lot is located at the dead end of Smuggler Grove, with neighboring lots that nearly completely surround the suhject property. There is only a few feet of actual frontage onto Smuggler Grove from this lot. A 16'-0" wide sewer casement nmningat a diagonal effectively cuts this property in half. There is also a 5'-0" general utility easement which runs along the east side of the property an.d another 10'- 0" general utility easement that runs along the north end of the property. According to the city zoning codes, the front yard setback is 2$'-0" with a rear yard setback of 1 0'- 0" and side yard setbacks of 10'-0", The front yard setback would be. from Smuggler Grove. For accessory buildings. the front yard setback is 30'.0", side yard setback is 10'-0", and the rear yard setback is 5'-0". At BOA, we successfully made the argument that due to the unique configuration of this lot and the many casements on the property, the literal interpretation and enforcement of Title 26 would have deprived my client the rights commonly enjoyed by oth,cr parcels in the same :;r.one district and would have caused my client unnecessary hardship and I or practical difficulty. After strict interpretation of the land use code, the resulting building envelope would not have allowed for a home t)r a garage of practical dimensions or function. The existing duplex ~ please ref. improvement survey - is built over the sewer easement and almost up to the sewer line itself, Furthermore, the north rear porch completely covers this ea~ement, The redevelopment of the site will remov~ these encroachlT1ent<;. Sent By: consortium architects; 970-927-2288; Dec-11 -03 3:35PM; 0. Page 3 The main problem we face;xl wa~ how to access t~t: property fmm Smuggler Grove ruad. Our proposal placed the bulk ofthe residence building envelope to the south ofthe sewer casement with a separate, detached garage / ADU t.o the north of the sewer easement. Since the frontage on Smuggler Grove is the width of the street itself, our solution was to use a separate, detached garage which is accessed by a driveway that travels along the sewer easement. This will allow easy access to the sewer line for maintenance by the sanitation district as well as reducing the mass of the residence by placing the garage to the rear of the property, which is a traditional residential urban configuration. There is no alley from which to uccess the property, since the surrounding roads of Mascotte and Ardmore are private. Our BOA application was granted variances from the Title 26 dimensional requirements. These were the tbllowing: 1. 10' -0" front yard setback fOr accessory building' 2. to' -0" fnmt yard setback for principal building 3. 5'.0" side yard tor principal building Variances from the city setback standards were approved by the Board of Adjustment on September 5,2002 by a 5-0 vote (BOA resolution No. 03 series of2002) and extended for another year by BOA on October 16.2003. At the first hearing. the board also set the allowable FAR to 3007 s.f(down from 3299 s,f,) and made the proposed set of drawings a part of the approval. We are now going before DRAC to take care of two simple remaining issues relating to the Rcsidcutial Design StaIJdard.'i before we apply for a building permit at Community Development. DRAe Issues As detailed by the resolution under section 3, line 3, the approved plans require DRAC variances ITom the Residential Design StandaTUS see lion 26.410. We are seeking a couple of reasonable variances from the amended Residential Design Standards section 26.410.040 that we will need to accommodate our design and its response to our unique site constraints_ These are the following: 1. variance from se<,.1:1on 26.410.040 (C)(2)(b) relating to the location of the garage on the site plan being '10' further from the street than the ITont most wall of the house and, 2. variance trom section 26.410.040 (DX2) regarding the first story element facing the street DRA(; Variances , According to~the newly amended Residential Design Standards, we must demonstrate to the DRAC, and the board must find that the variance, if granted, would: 1. Provide air appropriate design Of" pattern of development considering the context in which the development is proposed and the purpose of the particular standard In evaluating the context as it is used in the critt;ria. the revitnving board may consider the relationship of the proposed development with adjacent structul'es, the immediate neighborhood setting. or a broade.,. vicinity cu,' the boordfeels is necessary to determine ifth~ exception is warranted or, 2. Be clearly necessary for reaso1t.~ ojfairness related to unusual site specIfic constraint.y. 3. We shall addross how this standard is appropriate for both variances in which we. are seeking below. SectiQ.D,J6.,,.410.040 (C)(2)(b) relating to the location of the garage on the site plan: Given our site-specific limitations, this garage orientation is the most appropriate configuration to exist in harmony with the neighborhood meeting the criteria ,of standard 1. It eliminates the need for on street parking entirely and allows for a sensitive1 modestly sized garage that minimi1..es impacting the neighboring buildings in terms of mass~ height and scale. Its location is tucked away from street Sent By: consortium architects; 970-927-2266; Dec-11 -03 3:35PM; Page 4 r"\ view and is accessed by a long drive that travels over an existing sewer easement, an area restricted from any building of any kind. It alleviatesthe eye pollution caused by m()re cars, parked in front of homes as is typical in the neighborhood. The driveway w/turnaround is also a safer way to access the street from the property. Any departing vehicle will be headed forwards and not blindly backing up into an already congested dead end road full of people and cars as exists now. There is ample separation (approx. 35') between the home and the garage which serves the neighborhood well by reducing building massing. It is a' common strategy in urban residential planning and is mentioned in tbe Residential Design StanWtTd!i to have smaller, separate buildings, rather than a single larger mass for a home. it is also a far better pedestrian experience to be able to walk in front of a home without being confronted' by the suburban banality of a two stall garage being the primary street facing fa~de. We meet the criteria of standard 2 in that our garage contiguration and orientation is clearly necessary due to the lot's unique shape, size, access and BOi1approvals. llOA has unanimouSly signed oft' on our application that places the separate and detached garage to the north of the sew~r easement, which cuts this property in half. with garage doors that face the house. HOA granted variances that accommodates this garage location and orientation because there is no alley from which to access the property (refer to project description above). 73 Smuggler grove is surrounded on an sides by private property and private drives. Tn fact, there are (,lll.ly a few precious lineal feet of Ilctual strect, frontage onto SmqggJer Grove from which access this property at all. A garage is clearly a better alternative to street parking j,n an a.lready congested area filiI of cars from duplexes and other multi family buildings in the neighborhood. Section 2Q,4JQ,Q4Q (Dl(2) regarding the first story clement tacing the street: My client was forced to get creative and design a home that we think works rather well to overcome seemingly insurmountable odds. A few of these include a staggered triaIlgular, building envelope~ a 16' wide sewer easement cuttirxg the lot in two, minimal Smuggler Grove street frontage, restrictive utility easements on three sides, neighbor concerns, and parking. Furthennore, all of thelOe issues needed to be solved within the confines of a long, narrow strip of land surrounded on all sides by two 2 jurisdictions of private property and private roads. We succeeded in solvingeveI}'thing thanks to the creativity and synerey between the city. volunteerb{)~ members, concerned neighbors. this architect, and my client. This project serves as a benchmark of cooperation between all of these parties. Our unanimously approved drawings from BOA included a 7~ -3" upper level deck over living space. Part of the BOA granted variance at this meeting was to describe the entire ,building envelope, not only on a two dimensional site plan, but three dimensionally as well.. 'Ibis tl1ree .dimensional building envelope includes all external elements such as porches. deck, plate heights, roof fonnsand other facets of the exterior elevations_ We aJ'e a,~king DRA C not to redesign a project that has been so successful in meeting the needs of all ofthese,variol1sclltities. We undcrsta11dthat the code states that accessible space shall not be allowt:d over the first $t()ry element. However. we argue that this has essentially been already approved through the BOA hearing variance request process. Knowing that DRAC variances would be required for the porch and garage, BOA gave approvlll to our pmposal anyway l:Uld tllus set a pre-detellllined three. dimensional envelope when it included the an:hitectural set of drawings as a part of the qriginal approval and the extension of the approval. This project has now moved forward to DRAC as designe~ without alteration. Before the recent code amendment, the Residential Design Standards section regarding accessible space over a one story element has not been cmtirely clear. Not pennitting accessible space over this Sent By: consortium architects; 970-927-2266; Dec-11,A 3:35PM; Page 5/11 one story element has been largely a staff interpretation. We respectfully disagree with this past ruling that an uncovered open deck over this space would hav~ <tny other visual interpretation from the street than a one story element. If we are forced to make this area inaccessible, we would replace the deck railing with a gabled roof. that we feel would ;have far more visual impact that that of an o!,<,n 36" tall guardrail. We further argue that should DMC grant a variance tor this small request lhat this would NOT serve as a precedent anowing all others after us, to get the same variance. As stated above, our project faces a multitude of builc#ng restrictions and "site specific. unique circumstances that bring us before you with this appticat~on; a c()mbination of which is very unlikely tQ ever occur again. As far as the remainder or requirements f()r a one story element, this deck meets all of the other Residential Design Standard guidelines. Our 7'-3" deep:deck exceeds the 6' minimum depth, is 17' wide and thus more than 20% of the building's overall street facing width, and has a plate height of less than 10'. Our design meets guideline I for the granting ofDRAC yarianccs in that this home is surrowldc::d by a mixture of single family, duplex and multi-family bqildings of aJ I type, configuration, size and shape. One cannot convincingly argue that there is linifonnity of design between any of these structures in the neighborhood OT even among the types of buildings themselve$. . For example. there is no uniformity of design between all single family residtmces. Some have porches. othersdo not Some have setbacks from the' street; others push right uP to the parking lot that is Smuggler Grove. Zoning in this area is likewise divergent. with a mixture of high density multi family structures at the end of the street with secluded single family residenoeS: on large treed lots at the other. Allowing accessible space over our one story element does not d~act from the pedestrian experience, docs not create unusual archite~ture that is inO()mpatible with its neighbors, does not deviate from the spirit of the Residential Design Standards, nor does itin-esponsibly convey rights upon my client. If anything, the one story element with accessible deck ~bove ~ls the house back fonn the street, reducing visual impact to the neighbors and pedestrians:: alike. It is a first step towards restoring an already fragmentcd R- t 5 zone district back: tQ idcEis s~ fQ.I1h by the Residential Dcsign Standards and the city code. It further respects its low density neighbors by offering a visual buffer between the front yard and the two story gable of the home behind this deck. As discussed before, our situation is unique and a small deck that frames great views toward Aspen Mountain 1s certainly a small request. considering all of the obstacles we have had to overcome in the past year to get approvallrom BOA, city statt~ and concerned neighbors. Our building envelope is only 38' deep along S~uggler Grove. Compare this to 65t or even 7S' which is the depth of the majority of single family residences in the city of Aspen..' 'fo require my olient to honor the one story element places a great burden on any design for this skinny strip of land. Despite this contradiction between the code and pt"clcticality. we found a way to design one anyway. We meet guideline 2 in that our lot is so encumbered in size, by easements, in having limited access to Smuggler Grove, and by having such an unusual building outline (derivedfrom the unusually long and narrow lot), that it is only right and fair that DRAC fmd that we are merely asking for a small variance from what was a statl' interpretation of the Residential Design Standards. ' Our proposal gives back to the community and lhe ntlighborhood, by dt:l:ligIlh~g a modest, attractive home and detached, garage that breaks up the elements: of the program into two sensitively sized stnlctures, provides off st~t parking, wMks with the goals of the neighborhood. the city of Aspen, and the Aspen Area Community Plan to name a few; Sp far, this project has been unique in that it has been a successful synergy between home<.lwner and e{)IIlIIlUI)ily. We ask that DRAC respect the Sent By: consortium architects; 970-927-2266; Dec-11~ 3:36PM; ., Page 6/11 good work that has gone betore it, continue in the spirit of cooperation that has prevailed so far and let this excellent project of community involvement, conthlUe onward f~)T buiIdiogpennit. List of Exhibits: A - Drawing set ofplans, elevationst site plan, FAR calculations for 73 Smuggler Grove home and garage B - Proof of ownership with payment C - Signed lee agreement D .~, Applicant's authorization letter for Consortium Architects and Rally Dupps E - 8 W' x 11" vicinity map F Site improvement survey from Alpine Surveys G - DRAC- Variance Request Memo (the document you have before you) H - List of neighbors within 300' 1 - Copies of prior approvals Sent By: consortium architects; MapQucst: Maps: print ~ 970-927-2266; Dec-11-03 3:38PM; A Page 7/11 Page 1 of 1 '"....,/. "",-: .... Ita...." ~pt.. ~.. ~"~~~,~" l;;:~ ""'::"":':I~"~-:""'~~i~i~"'ir" "1"""" ""'. 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'~u.g,,~... .,' - 4.. , \ ..,........, ~ .. ,"". " " ../ 02000 MapQunt.com, Inc.; C2Oro GOT. lno. All right::; ,~SO(ed. lke SlJn,ett.;~,~I1i:enselc.:opyrlg.ht "'-., b7j...:aCM ~ This IYlIlP Is Info~matJonal only. No representation ie mllCle or warranty gIven as to its content. User Ilssumes aU risk of U5e. MlIllOuest and Its svppllers assume no ~.,on8IbIlJty fQf allY loss or delay rssulting from such use. .............1 .e..rjv~~. policy 8c. Legal NQtk.fi\i <!:) 2003 MapQuest.com, Inc. All rights reservl!d, http://www.mapquest.comlmaps/prjnt~adp?mapdata=hPOurG iog%2bfpfU4YmS6P436%2... 11/2612003 Sent By: consortium architects; ~mooth Feed Sheets ™ ;" .. AMES MARTHA E; 23 SMUGGLER GROVE RD ASPEN. CO 81611 . '''-/'' BESTIC JEFFREY B 301 MIDlAND PARK AVE PO sox 2267 ASPEN, co 81611 BIRRFELDER BRIGITTE T PO BOX 3035 ASPEN, CO 81612 BOYD JEFFREY R PO BOX 8361 ASPEN. CO 81612 BROWN RuTH H 410 N M1LL 5T #811 ASPEN. CO 81611 .......--/ BUREK DEBORAH J pO BOX e12 ASPEN, co 81612 CANTRELL WESLEY R 104 KATHRYNS WAY ASPEN, CO 81611-2405 CONANT RICHARD H 55 SMUGGLER GROVE ASPEN, cO 81611 DEL YNN JEAN J c/o STOVROFF & TAyLOR TRAVEL 1127 WEHRLE BUFFALO, NY 14221 '-_....Al.E JOHN F .& LAURIE FRAMPTON PO BOX 122a6 ASPEN. co 81612 fA AVERY<iV Address Labels 970-927-2288; Dec-11~ 3:37PM; Page 8/11 ",'mUsetemplate for5160@ BANNEROT KARIN SOFIA, 43A SMUGGLERGRoVlE RD ASPEN. CO 61611 '. BEIDLEMAN NEAL J & AMY G PO BOX 4362 ASPEN, CO 81612 BEYER ALAN R 410 N MILL ST #811 ASPEN. CO SHJ11 BlRACH KAREN 122 MIOLAND PARK Pl ASpeN. CO 81611-2414 BLOMQUIST JENIFER POBOX 12155 ASPEN. CO 81612 BOLERJACK LISA PO 80X811 ASPEN, CO 81612 BROOKS KERRI L 112 MIDLAND PA~K PL ASPEN. co S1611 BROWN DONALD 412 KATHRYNS WAY ASPEN, CO $1611w2405 BUCKLEY BETTY J 326 MIDLAND AVE #303 ASPE:N, CO 81611 BUREAU OF LAND MGMT us OEPT OF INTERIOR COLD OFFICE 2850 YOUNGFIELD ST LAKEWOOD, CO 80215--7076 BYRNES JAMES ROBERT & VALERIE P 90 CLAY LN ASPEN. CO 81611 CALK LAuRA E WilLCOX DENNIS A.S JOINT TENANTS 722 MIDLAND PARK PL ASPEI':4. CO 81611w2472 CHAUNER RONALD M & JACKIE l SHEFFER ' PO BOX 8782 ASPEN. CO. 81612 CITY Of ASPEN 130 S GALENA ST ASP~N. COSf611 CUNNINGHAM pAMELA M. 502 MIDLAND PK PL ASPEN, CO S1611 DE ELGUEA ALEJANDRO oRTIZ PO eox 9871 ASPEN. CO 81612 OETWEILER DIRK . PO BOX 812 ASPEN, cO 81612 OOOINGTON SUSAN M 2,21 MIDLAND PARK PL ASPEN, CO 81611 ERLANGER MELISSA PO BOX 2504 ASPEN, CO 81612 tERNST TERSIA V 206 KATHRYNS WAY ASPEN, CO 81611-24()5 Laser 5160@ Sent By: consortium architects; ~mooth feed Sheets ™ r"\ ETIlINGER JAREDP WI GODWIN PO BOX 109:36 ASPEN, CO 81612 ....--.,/ FORNELL PETER J 402 MIDLAND PARK PL ASPEN. CO 81811 GLICK DANIEL PO BOX 9910 ASPEN, CO 81612 GORBITZ HEIDI GORBITZ PATRIC PO BOX 647 ASPEN, CO 81612 GUGLIELMO KNANSEE L 514 KATHFWN$ WY ASPEN, CO 81611 .'.,.._,.../ HAGEN CAtHERINE: ANNE 210 MIDLAND PARK PL B-10 ASPEN, CO 81611 HECK JAMES C PO BOX M18 ASPEN, cO 81612 HOUBEN CYNTHIA MICHELE PO BOX 9616 ASPEN, CO 81612 JEFFERSON GREG 711 MIDLANO PARK PLACE ASF>EN. co 81611 [ "ENBOCK ERNST ~..i woot>E3INEHEIGHTS SL VD TORONTO ONTARIO CANADA, M46 3M . . AVERV(i) Address Labels 970-927-~~t:le; Dec-1~ 3:37PM; Page 9/11 Use template for 5160@ FERLISI MARY SANDRA 326 MlbLAND AVE;t307 ASPEN, CO 81611 FLUG MA~iIN C/O GULFCO 616 E HYMAN AVE ASPEN, CO 81611 FUENTES DAVID & KATHAAINf: D 302 MIDLAND PARK PL . ASPEN, CO 81611 GARTON SARA B 110 MIDLANo PARK Pl ASPEN, CO 61611 GODWIN DIANA L WI ETTLINGER 712 MIDLAND PARK PL ASPEN. CO 81611.2412 GOOOMAN DREW I 9538 e HIDDt::N HILL LN LlTTl.EiON, CO 80124 GRIFFITHS THOMAS W 504 MIDLAND PARK Pl ASPEN. CO 81611 GRUBBS MATT 333 MIDLAND AVE #3 ASPEN. CO 81611-2412 GULL EVAN H REVTRUST 25 AADMOR!:CT ASPEN, CO 81811 HACH STEPHEN C 23 SMUGGLER GROVE ~O ASPEN. CO 81611 HALPERIN ALEXANDRA PO S()X 2210 ASPEN. CO 81612 HARRIS GEORGE WAL TER III PO BOX 11005 ASPEN, CO 81612 HEYMAN BRUCE ALAN & VICKI S CIO GOLDMAN$ACHS & CO 4900 SEARS TOWERl233S WACKe DR CHICAGO. IL 60606 HIGGINS PAUL 303 MIDLANO PARK Pl #C-3 ASPEN. CO 81611 HyoER GENE MICHAEL 320 MIDLAND AVE. ASPEN, co 81611 IBARA RON PO BOX 9757 ASPEN, CO 81612-9757 JOHNSON $HAE\. UN[)80% INT PO BOX 3549 A$PEN. CO 81612 JOHNSON WILLIAM E PO SOx 1285 ASPEN, CO 81612 KANG NOBUKO SlNJA 336 MIDLAND AVE flI6 ASPEN. CO 81611 KOCH KATHRYN s.~ JOHN F 304 MIDLAND PARK PL C-4 ASPEN, CO 81611 Laser 5160@ Sent By: consortium architects; .1II1UUu/ r~eu ,:,oeers ,.., KOLBERG JUDITH A 501 MIOl.AND PARK PL ASPEN, CO $1611 '.,~._/ LEBGY NICK & SARA PO BOX 1352 ASPEN. CO 81612 MAC CRACKEN SCOTT R & MARISA POST PO BOX 10821 ASPEN,CO 61612 MCDONNEl.L NANCY 50 RIVERSIDE DR #68 NEW YORK, NY 10024 MCPHERSON GREGORY J PO BOX 2073 ASPEN. CO 6161'2 ''-0_/' NEW STEPHEN E & KORI A 621 Mlp(.ANO PARKPL ASPEN, CO 61611 OLDFIEL.D BARNEY 326 MIDLAND AVE #306 ASPEN. CO 81611:2430 PERLEY PAUL PO BOX 12155 ASPEN, CO 8161~ RIGNEY JOHN & ANNA 102 KATHRYN$ WAY ASPEN, CO 81611-2405 ~. )W$KY DANIEL pWOX 2210 ASPEN. CO 81612 . AVERY\!) Address Labels 970-927-~2M; Dec-1~~ 3:37PM; Page 10/11 Use template for S160<!l LAFOUNTAINE; At4TQINEne 410 KATl1BYf\jS WA,Y#D1 ASPEN. CO 81611 ' LAl.It:;I:!ReN DAVID & DANA PO~oX1265 ASPEN, CO 81612 LEVE:NTHAL. ~9~8T e 515 KATHRYNS WiN ASPEN, CO 81611.2405 LOW R1CHAR[).B PO Boxa744 ASPEN. co 81612 MCCOLI.UM MICHAEL PAvtO UNO 20% INT ' . PO BOX 3549 ASPEN, co 81a12 MCDONA.LD FRANCIS a PO BOX 4671 ASPEN, CO 81612 MCGAVOCK MARGAReT ALBERT ELIZABETH A PO BOX 53~ ASPeN, co 81612 MCPHEE JAMES MICHAEL 401 MIDLAND PARK fiL ASPEN, CO 81611 MEBEL GREGORY E 32$ MIDLAND AVE #102 ASPEN, CO 81611.2430 MOHWINKEL CUFF 2363 PEACHTREE LN SAN JOSE, CA 95128 NEWELL GEORGE S PO BOX 2179 BOULOER, CO 80306 NICHOLS scorr A PO (0)(3035 ASPEN, co 81612 OSBERGER MADELE:INE , PO BOX 8744 ASPEN, CO 81612 PATTEN DAVIO N a1el MltlLAN[)PARK PL ASPEN, CO 81611 PHILUPS ARTHUR RAND GRANO HELEN B ' PO BOX 8245 ASPEN, CO 81612 REO""ONP JOHN B & LYNN G 201 KATt-fRYNS WAY #B~3 ASPEN, CO 81611 RITTER JEANNE MARIE 1018 20TH 51 APT A SANTA MONICA, CA 90403: ROSEN JANE PO BOx'~e53 ASPEN, co 81612 SCARLETT R081N 413 KATHRYNS WAY ASPEN, CO 81611a2405 SfOERS TARA 11' MIDlAND PARK PLAC~ ASPEN, CO 81811 laser 5160@ Sent By: consortium architects; ~llIUUll' n:eu ::mee[S "VI SMITH DONALD NELSON 501 MIDLANO PARK PL ASPEN, CO 81611 ' ","--/ STEIN DEBORAH 710 MIDLANl:fPARK PI. ASPEN. CO 81611 TAYCOR JACQUEUN~ W C/O STOVROFF & TAYLOR TRAVEL 1127 WEHRLE BUFFA1.0. NY 14221 WEBSTER DAVID H PO BOX 10362 ASPEN. CO 81612 WELLS JOSEPH EDWARD 602 MIDLAND PARK PL F-2 ASPEN, CO 31t111 .'.....-,oJ,..' . .AVERY@ Address Labels 970-927-2~66; SMITH JAGK lI$MITH DIANe M 434 COrtONWOODDR eVERGREEN, Co 8<)439 : STOVROFF JOAN C c/o STOVROFF & TAYI.ORTRAVeL 1127 WEHRLE BUFFAL.O. NY 14221 THIEMER FRED EOWARD ' 326 MIDLAND Ave #302 ' ASPEN, CO 81611 WEISS AUSTIN R & REBECCA L 121 MIDLAND PARK PL ' A$peN,CO~1e11 . ZUCCO JESSE J PO BOX 1822 BASAI.T, CO 81621 Dec-11-03 3:37PM; Page 11/11 ~ Use template for s 160~ SPOr-JAR ANrON K AND JUDY ~22 MIOLAND PARK PL ASPEN. CO 81611-2486 SWIFT LARRY PO BOx 2711 ASPEN, CO 81612 VALLEY DOUGLAS J 111 MIDLAND PARK PL #A11 ASPEN,CO 81611-1413 WEI.OI;N To.DD E & DEBORAH C 503 MIDLAND PARK PL E3 ASPEN, co. 81611 Laser 5160<!> ::r .g ~ o VI 'i:l Ol ::l I~~ >-' --l ~ VI >-' N N --l ~ (1) cr' ~. ...... (1) -a- ..... ...... 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SUBJc0T tTDUS,E - 73 SMUGbLE~ G 12-QVE file:1 IC: \Consortium \Seguin \ 73 %20smuggler%20grove\pictures\DRAC%20photos\house... 3/11/2004 ~ Page 1 of 1 W~'f IV t-\-t> use ... G. / / file://C:\Consortium\Seguin\73%20smuggler%20grove\pictures\NEIGHBORS\ 1 00_0062.1... 3/11/2004 ~ Page 1 of 1 \!tGTOR(AN tTouSE J. I file://C: \ConsortIum \Seguin \73 %20smuggler%20grove\pictures\NEIGHBORS\ 1 00_ 0050.J.,. 3/11/2004 . Page 1 of 1 bU Pl,!;X <B ? NCJ~ t/E0~ CONDfT1DN ,j file:/ /C:\Consortium \Seguin\ 73 %20smuggler%20grove\pictures\NEIGHBORS\1 00_0090.1... 3/11/2004 consortium pob 786 Basalt, CO 81621 fax: 970-927-2266 voice: 910927 2299 architects 'TRANSMITTAL I FROM: $..9.r.9.b..9.9.t~~..............................................................................................,.................................................,...........;............. ~~!.I.y...P..~.p..P..~.!..~!.~...........................................................................................................................................'.................. ~?Q::-.g.4.~.~..................................................................................................................................................................,............... TO FAX # PAGES: .. . ...... . ........... . ..........: .'. .'. . ....... . .'.. '.." .'. .'..... .,; . ..:.-. '. .'. ... .'. .'.-...' .', .;; ii.,. ',' .- .'..'. "--.-. ','. .,'.'-. ." u .. '-n'. .'o'h';. .-;'''''.';,.-~'~' ii'. ,-':i'-~",,'-.' ~ i',"i....--;i;, ^';''-;, ';, 0'..'..'...',..'.. .';,'.---.. .';.'~ .; ;'.'.'.. ';, ..i";,'.;,. i''-.',;,'-..-;,''~';,'-,,;,'~'-.;' ;,.-~'..-.......;,.-~;.-;, ~-';';, ';,.....-~';,;.-~'l.',';, ';,:;,~',-. ';'~ DATE: December 12, 2003 ....................-..'...'.........,............'....,....'............'....'..'......,....'..'.,...'.'...~....,................;,:"':~'..-;,.'.,.,.:.';,'..,..,...,...'...".--.:...-..:....'.'.'.:;,'.';,',;-.'.';,.'.--..".',.-:;,';,'....".-...".:'..".'.--',;-.-'.-.-..,;',;''.....'.'.'.',;;,i.-.--....';;'.-'..,.;ii--;,'.'....--.'ii.....;..-.'..'.""",.-..,- ',,' ;-. "~ RE: DRAC Please find the enclosed: 1. 11 copies 73 smuggler grov(3dr~wingsd~te912-,11~~99~/T1)(17 2. 1 copy 73 smuggler grove drawings dated 12:'11~200~r24x36 3. Alpine surveys survey Please let me know if there is anything else I can get for you. Happy Holidays, Rally r\ CITY OF ASPE~ " WRETT PAID DATE RiP NO. I.--Ia..;>[oo krt 8P~.'1S 'I I'", t Uil rt! "'Mull! .', ->F ASPEN ,-tRETT PAID ')Jo\i'E REP I OtJJJ.[t>t. flit+- NO. <6t:(-j5 WARRANTY DEED THIS DEED, Made this 22nd day of December KAtJRICE COtJ'l'tJRIBR , 2000 , between of the said County of PITKIN HIKE A. SEGUIN and State of COLORADO , grantor, and whose legal address is PO BOX 1914 ASPEN, CO. 8161.2 of the said County of PITKIN and State of COLORADO .~ a~_OO , grantee: WITNESSETII, That the grantor for and in consideration of the sum of Ten dollars and other good and valuable cODsideration DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confinn, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the said County of PI'l'JtIN and State of Colorado described as follows: &- c1 t:: << Lot S, BAST MEADOW SUBDIVISION, according to ~he Plat thereof recorded July 26, 1956 in Plat Book 3 at Page 99 as Reception No. 124852. COON'l'Y 011' PITKIN, STATB 011' COLORADO. 449933 TRANSFER DECLARATION RECEIVED 12/22/2100 also known by street and number as: 73 SWOOLBR GRon, ASP., CO 81611 TOGETIlER with aU and singular the hereditaments and appunenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand what- soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the enseating and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those specific Exceptions shown on the attached as KBXHIBIT lb. The grantor shall and will WARRANT\' AND FOREVER DEFIlND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully. ClaJming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN 58 WHEREOF, the g~tor has executed this deed on the date set forth above. State of COLORADo ) ) ss, County of PITKIN ) The foregoing instrument was acknowledged before me this by MAURICB COtJ'rORIBR 22nd day of December , 2000 , My conunission expires December 27, 2001 . Wlm~~:~~, Notary Public ~<fo -'6r~~ Ffle No. lIl1027'n9 Stt:wart 'l1IIe or A.ipea, IDe. No.93ZA WARRANTY DEED (For I'hcltearapllic~) (Y93ZANEW) Rev. 7'" 11111111111I IlfIIl IIUII Illf 11111 111111 IfI 11111 11111111 44.133 12/2212~ee 13:44P WD DAVIS SILVI 1 of 2 R 11.00 D 12.00 N 8.00 PITkIN COUNTY CO -'" ,., ,..., ,",. 14l.'rtIll1llt. _II f"""\ File Number: 00027729 EXHIBIT 1 EXCEPTIONS 1. Distribution utility easements <incltlding cable TV) . 2. Those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer in accordance with paragraph 8b of contract Form No. CBS 1-9-99 [Matters Not Shown by the Public Records] . 3. Inclusion of the Property within any special taxing district. 4. The benefits and burdens of any declaration and party wall agreements, if any. 5. Rights or claims of parties in possession, not shown by the public reoords. 6. Easements, or olaims of easements, not shown by the public records. 7. Discrepancies, oonflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspeotion of the premises would disclose and which are not shown by the public records. 8. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 9. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 10. Taxes for the year 2000 and subsequent years not yet due and payable. 11. Any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposit claimed or known to exist on March 23, 1885, as reserved by Patent recorded June 17, 1949 in Book 175 at Page 246. 12. Terms, conditions and obligations as contained in instruments recorded July 19, 1966 in Book 221 at Page 429. 13. Easements for utilitiE!~.a.lo~g the We,ste;-lY5 feet and along the Northerly 10 feet of the subject property as shown on the recorded plat of said subdivision, and recorded July 26, 1966 in Plat Book 03 at Page 99 as Reception No. 124852. 14. Perpetual sewer easement and right of way granted to Aspen Metropolitan Sanitation District as set forth in instruments recorded in Book 250 at Page 133, in Book 250 at Page 921, and in Book 253 at Page 103. 15. Terms, conditions, obligations and restrictions as set forth in City of Aspen Ordinance No. 36 <Series of 1987) recorded September 15, 1987 in Book 546 at Page 34 as Reception No. 292882, and Ordinance No. 37 (Series of 1987) recorded October 01, 1987 in Book 547 at Page 199 as Reception No. 293407. 16. Encroachment of overhead utility lines outside of utility easements, and possessory rights outside of fenceline which does not follow the record boundaryline of the property, as shown on survey by Lines in Space dated August 17, 1992, revised September 14, 1992 and revised September 14, 1993. 17. Encroachment of house and deck onto 16 foot wide perpetual sewer easements as shown on survey by Lines in Space dated August 17, 1992, revised September 14, 1992, revised September 14, 1993. Stewart Title 01 &pea, IDe.. Exhibit 1 - Deed Elrapt\oas O'DEED.EXCEPl') Re..7f'!11) I 11111I 1111I Imlll 111111 '1III\IIII!\~lIl'~~' 11111111 441133 12/22/2100 03e:4t ~ee ptTKIN COUNTY CO 2 of 2 R 10.00 D 12. . ...... -.-'TI.. . ..Ole,