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HomeMy WebLinkAboutLand Use Case.633 North S.t0027.2004.ASLU ,,-..., ~. City of Aspen Community Development Dept. CASE NUMBER 0027.2004.ASLU PARCEL ID# 2735-121-16-001 CASE NAME . Design Review Appeal PROJECT ADDRESS 633 W North ST PLANNER James Lindt CASE DESCRIPTION Design Review Appeal REPRE SENTA TIVE Scott Lindenau DATE OF FINAL ACTION 08/10//04 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY Reso 21-2004 09/20/04 D DRISCOLL .~'" disl~?I.,l'll,,<t,; IaA;()OJeJ . ~~r tJ"l-- . ~~50, ?l ~2Cd1 / ~. 1I11 "~llflll~I'~urllm~I"I'~~~f~:J.~...'3.0 SILVIA DAVIS PITKIN COUNTY CO R 11,00 0 0.00 ',/ RESOLUTION NO. 21, (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A V ARIANCETO TilE RJ3:SIJ?:JfN"1:'!A:L DESIGN STANDARD FOR SECONDARY MASSAl\TJ:)~9gI!JE~9pIRJ3:l\1ENT 'fHAT THERE BE NO SrREET FACINGWI~J)Q\VS B:Jf'I'~.~NN"IN~ (9) AND TWELVE (12) FEET FORTHE PROPOSED STRUCTURES AT 633 W. NORTH STREET, LOTS A, B, AND PART OF C, BLOCK20, ORIGINAL ASPEN TOWNSITE, CITY OF ASPEN, PITKIN COUNTY, COLORADO.' ParcelID: 2735-1211-6001 WHEREAS, the Community Development Department received an application from the applicant, Nove LLC, requesting a Variance to the Residential Design Standard for Secondary Mass and for the requirement that there be no street facing windows between nine (9) and twelve (12) feet; and, WHEREAS, upon review of the application and the. applicable Land Use Code standards in Section' 26.410.040 of the Aspen Municipal Code, the Community Development Department recommended approval of the Variance to the Residential Design for Secondary Mass and for the requirement that there be no street facing windows between nine (9) and twelve (12) feet and is in compliance with Criteria 1 and/or2 of Section 26.410.020 of the Aspen Municipal Code; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, the City of Aspen Planning and Zoning Commission, at a public meeting on June 1, 2004, approved Resolution No. 21, Series of 2004, by a vote of six to one (6 -1), to approve the Variance to the Residential Design Standards for Secondary Mass and forthe requirement that there be no street facing windows between nine (9) and twelve (12) feet; and, NOW, THEREFOREBEITJlES()~~~p BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEt(, COLORADO ON THE 15th DAY OF JUNE 2004, THAT: '\ Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Lots A, B, and part ofC, Block 20, Original Aspen Townsite, Parcel Identification of2735- 1211-6001, is approved for a Variance to the Residential Design Standard for Secondary 1111111 "III "~,, 11'IIII'~'lf/llI"1 ~I IIII~"I ~~~~~:J~., 300 SILVIA DAVIS PITKIN COUNTY CO R 11.00 0 0.00 Mass and for the requirement that there be no street facing windows between nine (9) and twelve (12) feet, subject to the following condition: I. Prior to sign-off of building permit, the applicant shall demonstrate that the semi-opaque window (for which the variance was granted) on the west facing fayade of the western most residence meets an 80% minimum opacity. Section 2: All material representations and commitments made by the applicant pursUaI}t to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution 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 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolutionis 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 ofthe remaining portions thereof. Approved by the Commission at its regular meeting on June 15,2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: t:ktm~ -rW-~ Jasmine Tygre, Chair. . 0-;, )~ City Attorney ATTEST: ,~ r""\ ,m: ..LI-3!S . MEMORANDUM TO: The Aspen Planning & Zoning Commission ~A Joyce Allgaier, Deputy Director of Community Development Scott W oodforcl, City Plann~ THRU: FROM: RE: 633 WEST NORTH STREET, VARIANCE TO RESIDENTIAL DESIGN ST ANDARDS, RESOLUTION No. dl, SERIES 2004 DATE: June 15,2004 Photo ofthe existing house located at 633 W, North Street. The structure is proposed to be demolished and redeveloped with two detached single- family dwelling units. REQUEST SUMMARY: Variance to the Residential Design Standards for Secondary Mass and Windows ADDRESS: 633 W. North Street, Lots A, B, and part of C, Block 20 Original Aspen Townsite Nove,LLC, represented by Scott Lindenau, Studio B Architects ApPROVAL OF THE VARIANCE TO THE RESIDENTIAL DESIGN STANDARDS ApPLICANT: STAFF RECOMMENDA nON: 633 W, NORTH STREET STAFF REpORT PAGE 1 f"\ ~ PROJECT SUMMARY: The applicant proposes to demolish the existing 3,930 square foot single-family structure and redevelop the property with two, 2,040 square foot, detached single-family dwelling units. The two units will be condominiumized and be located on the same lot. According to the application, variances to the Residential Design Standards related to the Secondary Mass requirement and to the requirement that there be no street facing windows between nine (9) and twelve (12) feet are requested in order to meef the architect's design direction, For purposes of discussion, the proposed residence located interior to the lot will be referred to as "Residence B" and the residence closest to North Sixth Street will be called "Residence A". REVIEW PROCESS: The applicant requests the following land use approval for the proposal described above: 1.) Residential Design Standards Variance; According to Section 26.410,020, v(;j.riances to the Residential Design Standards may be granted by the Planning and Zoning Commission, Board of Adjustment or the Historic Preservation Commission; In this case, the staff believes that the Planning and Zoning Commission is best suited to review the variance requests of this nature. Final Review Authority: Planning and Zoning Commission. BACKGROUND/ExISTING CONDITIONS: According to the building permit files, the existing house was constructed in 1955, PREVIOUS ACTIONS ON THIS LOT: To staff s knowledge, there have been no previous land use actions on this lot. STAFF COMMENTS: RESIDENTIAL DESIGN STANDARDS; The two (2) Residential Design Standards from which the applicant is requesting variances are described below: 1. BUILDING FORM, The intent of the following building form standards is to respect the scale of Aspen's historical homes by creating new homes which are more similar in their massing, by promoting the development of accessory units off of the City alleys, and by preserving solar access. Secondary Mass, All new structures shall locate at least 1 0% 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 633 W, NORTH STREET STAFF REPORT PAGE 2 ,,",,", ~ 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. Note: Residence B clearly does not comply with the Secondary Mass requirement because it is not completely detached from the primary building, nor does it include a subordinate linking element. Residence A technically complies with the Secondary Mass requirement. 2. Windows. Street facing windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and twelve feet (12) above the finished first floor. For interior staircases, this measure- ment will be made from the first land- ing if one exists, A transom window above the main entry is exempt from this standard, All street facing areas with an exterior expression of plate height greater than ten (10) feet shall be counted as two (2) square feet for each one (1) square foot of floor area, Exterior expression shall . be defined as fayade penetration between nine (9) and twelve (12) feet above the level of finished floor. Note: Residence A requires a variance for window location. Residence B complies with this requirement. The floor area penalty is eliminated if a variance is granted by the P&Z upon finding that one of the two Residential Design Standards variance criteria has been met. REVIEW CRITERIA: According to Section 26.410.020 of the Land Use Code, an applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance, if granted, would: 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 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, 633 W, NORm STREET STAFF REPORT PAGE 3 r'\ 2. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. STAFF POSITION: Staff finds that the proposed variances comply with criteria (1) and therefore, recommends approval of the request. See Staff Findings in Exhibit A for a full explanation of the staff position, STAFF SUMMARY AND RECOMMENDATION: Staff recommends approval of the variances to the Residential Design Standards for Secondary Mass and for the requirement that there be no street facing windows between nine (9) and twelve (12) feet for the proposed structures at 633 W. North Street, Lots A, B, and part of C, Block 20, Original Aspen Townsite. RECOMMENDED MOTION: "I move to approve Resolution No, dj, Series of 2004, for variances to the Residential Design Standards for Secondary Mass and for the requirement that. there be no street facing windows between nine (9) and twelve (f2) feet for the proposed structures at 633 W, North Street, Lots A, B, and part ofC, Block 20, Original Aspen Townsite." ATTACHMENTS: Exhibit A: Residential Design Standards - Staff Findings Exhibit B: Application with Building Inevatiolls and Site Plan 633 W. NORTH STREET STAFF REPORT PAGE 4 ~ RESOLUTION NO. c2) (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVINc; A \,ARJ:ANC:JfT()III:Jf.~~!~lf~.!'!~f!>~~!~~ STANDARD FOR SEC()l\fI>~~Xl\1~~S~l\fI>~~E !,!J]t.IlEgpIRlfl\flfl\fT !HA T THERE BE NOSTl}.)!:)!:!. !1~INc;W!~I>g~"~,JlEIF~ENNIl\fE (9) 1ND TWELVE (12) FEET FOR THE PROPOSEJ?~!l}.P(::IlTltJJ:~ A T633 W. NORTH STREET, LOTS A, B, AND P~RTO~C,BLg~~2~~g:RJ:c;I~1LASPEN TOWNSITE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ParcelID: 2735-1211-6001 WHEREAS, the Community Development Department received an application from the applicant, Nove LLC, requesting a Variance to the Residential Design Standard for Secondary Mass and for the requirement that there be no street facing windows between nine (9) and twelve (12) feet; and, WHEREAS, upon review of the application and the applicable Land Use Code standards in Section 26.410.040 of the Aspen Municipal Code, the Community Development Department recommended approval of the Variance to the Residential Design for Secondary Mass and for the requirement that there be no street facing windows between nine (9) and twelve (12) feet and is in compliance with Criteria 1 and/or 2 of Section 26.410.020 of the Aspen Municipal Code; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, the City of Aspen Planning and Zoning Commission, at a public meeting on June 1, 2004, approved Resolution No. _, Series of 2004, by a vote of _ to _ L - .J, to approve the Variance to the Residential Design Standards for Secondary Mass and for the requirement that there be no street facing windows between nine (9) and twelve (12) feet; and, NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASP~N, COLORADO ON THE pt DAY OF JUNE 2004, THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Lots A, B, and part ofC, Block 20, Original Aspen Townsite, Parcel Identification of2735- 633 W. NORTH STREET STAFF REPORT PAGE 5 1211-600 I, is approved for a Variance to the Residential Design Standard for Secondary Mass and for the requirement that there be no street facing windows between nine (9) and twelve (12) feet. Section 2: All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity, Section 3: This Resolution 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 4: 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 Commission at its regular meeting on June 1,2004. APPROVED AS TO FORM: PLANNING COMMISSION: AND ZONING City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk 633 W, NORTH STREET STAFF REPORT PAGE 6 ~ EXHIBIT A RESIDENTIAL DESIGN STANDARDS 26.410.020 Purpose. Variances from the Residential Design Standards, Section 26.410.040, may be granted by the Planning and Zoning Commission, the Board of Adjustment or the Historic Preservation Commission, if the project is subject to the requirements of Section 26.415. An applicant who desires to consolidate other requisite land use reviews by the Historic Preservation Commission, the Board of Adjustment or the Planning and Zoning Commission may elect to have the variance application decided by the board or commission reviewing the other land use application, An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance, if granted, would (Note: compliance with only one of the two criteria below is required): (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, STAFF FINDING: DOES IT COMPLY? YES Secondary Mass: Staff finds that the proposed exception complies with the above criteria, The historical pattern of development in the vicinity is of modestly sized, two-story homes situated on relatively small lots with a similar front setbacks and equal space between homes. The applicants proposal of two smaller single-family dwelling units'on the site, as opposed to one large duplex or single-family, helps to perpetuate this historic pattern. Staff believes that splitting the allowable floor area on the site into two smaller masses meets the intent of the Secondary Mass requirement, which is to "respect the scale of Aspen's hist()rical ~omes by creating new homes which are more similar in their massing", and with the definition of Secondary Mass, which states that new structures must locate "at least 10% of their total square footage above grade in a mass which is completely detached from the principal building." Based on this, Residence B could be considered the Secondary Mass for Residence A. Therefore, staff finds that the' proposed variance provides "an appropriate design or pattern of development considering the context in which the develo ment is ro osed" and achieves "the ose of the articular standard." Window: Staff finds that this exception would provide an "appropriate" design considering the context of the neighborhood in which the site is located and, therefore, complies with this criteria. While this area of town is generally considered to be more Victorian in architectural style, an analysis of the immediate context demonstrates a variety of architectural styles, A modem, or contemporary design, such as what the applicant proposes, simply adds to the mix. Despite not meeting the technical definition of the standard, staff feels that the proposed window complies with its spirit, which is to have a window pattern that generally follows the historic pattern of established homes. The historic pattern is of windows that are spaced out evenly between the different floors of houses and to not have windows that s an more than one floor. The t e of window the a licant 633 W, NORTH STREET STAFF REPORT PAGE 7 r'\ " proposes is "semi-opaque", designed to let light in, with one section of transparent window within it located above the 9-12' range. Prom the street, the proposed window will appear to comply with the design standard because the semi -opaque portion will read more as a siding material, as opposed to a window, and the transparent portion will be located so as to "appear" to comply with the standard. . .' , . ., (2) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. STAFF FINDING: DOES IT COMPLY? No Staff does not find any unusual site-specific constraints that would prevent the applicant from complying with the requirements. The review standards only require compliance with either criteria (1) or (2), but not both. Since staff finds the request to comply with criteria (1), the fact' that it does not com ly with (2) is immaterial. 633 W, NORTH STREET STAFF REPORT PAGE 8 ~ . ATTACHMENT 7 AFFIDAVIT OFPOBLlC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: [p~"3> W.Nott-~ ~-\ft~ SCHEDULED PUBLIC HEARING DATE: . :\U,...."e..- \ ~ th . . . \ , Aspen, CO ,200-={ STATE OF COLORADO ) ) 55. County of Pitkin ) I, S~t1 t /1V\devtdu. ". .' (name, please print) beingor 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. e:.\ *"'-v e>f ~\~ t..W'"t- ~ r;;ry . /' Posting of notice: By posting of notice, which fOrIn 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 Jhe public'hearingf"d was continU?USly.visible fron:the 1l day o~ Ctprt\ ,200+, to and mcludmg the date and time of the publIc hearing. A photograph of the posted notice (sign) is attached hereto, '. J "Mailing of notice. By the mailing of a notice obtained fr.om the Community Development Department, which contains the information described in Section 26,304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S, mail to any federal agency, state, county, municipal ~overrunent, school, serviceclistnct or other governmental or quasr:-goverti1n~tal agency that owns property within three hllndred (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: 660 WEST NORTH STREET NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June I, 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. 9alena St., Aspen, to consider an application submitted by Nove I,LLC requesting a variance to the Residential Design Standards for secondary mass and for a street facing window between nine (9) and twelve (12) feet above the f\~shed firstflooL The subject property is located at 660 West North Street and legally des,?pbed as Block 20, Lots A, B, and part of C.For further. information, contact Sdott Woodford at the City of Aspen Community Development Department, 130 S.Galena. St., Aspen, CO (970) 920-5102, (or by email at scottw@ci.aspen.co. us). s/Jasmine TV!!re. Chair Aspen Planning arid Zoning Commission Published in the Aspen Times on May 15,2004 City of Aspen Account -:~ r'I " 609 CORPORATION .. A COLORADO CORPORATION i PO BOX 1819 : ASPEN, CO 81612 \ I i BERLINER ARTHUR S C/O WALDEN 750 BATTERy ST#700 SAN FRANCISCO, CA 94111 CHRIST EPISCOPAL CHURCH 536 W NORTH ST ASPEN, CO 81611 DEMPSEY 1996 REV TRUST NEAL DEMPSEY BAY PTNRS 10600 N DEANZA, BLVD #100 CUPERTINO, CA95014 !' ELLlOTI E. LYS. E A 610 NORTH ST , ASPEN, CO 81611 i 1 I I L...J~DSMITH ANDREW LUBIN 1/3 1344 N DOHENY DR LOS ANGELES, CA 90000 GREENWOOD JIM 1035 W 57TH ST KANSAS CITY, MO 64113 HOFFMAN JOHN L 210 W 5TH ST APT 211 , KANSAS CITY, MO 64105~1166 I I ; KOEHLER DAVID R TRUST , 618 W SMUGGLERST , ASPEN, CO 81611 LANGENKAMP R DOBIE 25% NORTH ST j r.;~.-"EN, CO 81611 JiiutiFree Printing ~ AVERY@ r'\ Ii , i i BREMER MALCOLM H & ANGEUKAS i I 3263 AVALON PLACE: I' HOUSTON, TX 77019 ! . ~ I: l, i i COHEN ROGER L 1035 W 57TH ST KANSAS CITY,MO 64113 ' , I , ) I DIGIGLlA LE RAY DIGIGLlA JOHN WILLIAM I PO BOX 4305 I, ASPEN, CO 81612 I! I I' , ' i, i FALENDER STEVEN & DEBRA : ' 603 W GILLESPIE ST I t ASPEN, CO 81611 i Ii GOLDSMITH JOHN JOSEPH 1/3 I i 733 25TH ST , , SANTA MONICA, CA 90400 ! ; I HALL CHARLES L '[ i PO BOX 1819 ASPEN, CO 81612 I.. I' ! i IBBOTSON ANNE 8 : [ 505 N 5TH ST I I, ASPEN, CO 81611 i! i I, i ,I! ! I ! , : I LANGENKAMP FAMILY REV TRST 50% i 7229 S ATLANTA :1 TULSA, OK 74138 I I' I I , ! : LEWIS TOBY D, , 'i' 18930 S WOODLAND RD' , , I i SHAKER HEIGHTS, OH 44122 I, I '.1 I : I , ,.:~i~~~%:;it;,~'Zf ,,,' .i..~; ,~ . '1' ~ - ------ i I: BASS RAIFIEL I i ; 606 E HYMAN I.. ASPEN, CO 81611 I ' Ii' , ' I It' I! I i BROOKS LAURENE B I! 1201 WILLIAMS ST #7 : I i DENVER, CO 80218 I! I II I: i :i COLLINS CHARLES & JANICE S I' : PO BOX HH II, i ASPEN, CO 81612 ill : ~ ! : ~ ! I ' ELGART ALICE CLARE GOLDSMITH 1/3 if 27 E 62ND ST 6TH FL :1 NEW YORK, NY 10001 Ii ; I ; i , ! i ' FOX SAM & MARILYN 7701 FORSYTH BLVD ,I, CLAYTON, MO 63105 : J ! 1 j 11 - GORSUCH JEFFREY S 48,935% INT 707 W NORTH ST ASPEN, CO 81611 'I' I: HODGES ELAINE C ESTATE : i CIO JOSEPH G HODGES JRPR ; i 2552 E ALAMEDA AVE. UNIT 5 ; i DENVER, CO 80209-3324 , , j: I I i JOY WILLIAM N I 'PO BOX 23 i ASPEN, CO 81612 ! 1 , , i LANGENKAMP MARY ALICE 25% 14 OSBORNE ROAD BROOKLINE, MA 02446 i I I, LOWREY JAMES E JR TRUSTEE 1390 ENCLAVE PKWY HOUSTON, TX 77077-2025 ) ViWW.avery.com 1-800-GO-AVERY (462~8379) , . : ;+?'/t:E~r.\lit'";ff,!jxfE~~'f!H;~~:a:7t:'h._ >::~\r:,:f:;5':::.':.;?::~:'.~;~~.':~:' ,;".,~~,..' ,(.:':;-;-:;':'-"{,"";~ usC;;A:v~~,j TElVIPLAl-eS160@ LJ~.M LIMITED PARTNERSHIP . 8540 SOUTHWEST 52ND AVE M' ",FL 33143 / , ; ; , LUETKEMEYERJQHN A JR & SUZANNE !' F50% , : I 1427 CLARRVlaN RoA6 - S'rE50b : ' BALTIMORE, MD 21209 ' [ j , , i I I, MARKALUNAS JAMES J & RAMONA I 624 WNORTH ST ASPEN, CO 81611 : ; MCLEAN CHARLES M : : PO BOX 11687 i I ASPEN, CO 81612 ; I Ii , [ I I: OSHANA CATHY 11 108 ROBBINS ST ! i OSTERVrLLE,MA 02655 J; MUSGRAVE MARJORY M 629 W NORTH ST ASPEN, CO 81611 \ / @ .AVERV@ 5160@ " MA~GERUM AMY L : i i 622 WEST SMUGGLER i I ASPEN, CO 81611 i Ii II I, I J i j, , Iii MILLER ANN F i I I 715 W SMUGGLER ST : I : ASPEN, CO 81611 I; i Ii. I ; I PARELMAN ALLEN G REV TRUST ! : i 734 W SMUGGLER '! ; A$PEN, CO 81611 " j; 'i j POPE WILLIAM H 540 WSMUGGLER : ASPEN, CO 81611 I I I i SCHREIBER EUGENE H & STANFORD D ' I " 1 50% 17W PENNSYLVANIA AVE I i TOWSON,'MD 21204 [! . SHERIDAN SUSAN B . I i 1201 WILLIAMS ST #7 !; DENVER, CO 80218 ; 1 I . , i j i SMALL ALBERT H & SHIRLEY S : 7116 GLENBROOK RD i BETHESDA, MD 20814 I, 'I' I ! : SMUGGLER LLC i : : C/O SHELLY B DON i: I 1044 OLIVE ST '; DENVER, CO 80220 ) ! I j; I WAX RICHARD A & HllDEGARD C : PO BOX 7699 ASPEN, CO 81~12 WELLS JANE! & JONATHAN R 721 W NORTH ST ASPEN, CO 81611 I;' : i I! ! . I! I ! ( , : i , \ , I Jam Free Printing ~' AVERY@ , i I J ,}, ' I' , I I ST CLAIR STEVEN TRUSTEE I , 4001 MAC A~THUR BLVD STE 100 ! ; NEWPORT BEACH, CA 92660 1 i , , I i WERLlN LAURA B . I C/O WALDEN i: 750 BATTERY ST#700 , ! i SAN FRANCISCO, CA 94705 , , : i , I , , " 1.1 I; : I; i, : ' I I, , : I ;: i . . i 'I ' I J: , ' , I , I , I ]! i i' <: " WWW.av~ry.com .......^^ ,..""'............., 'A'-''"''Ii. ft~.,^'\ ~ A TT ACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPENLANb USE CODE ADDRESS OF PROPERTY: LR ~~ W. "-1.0 Yl-~ ~lfteA SCHEDULED PUBLIC HEARING fiATE: ' ..' :\Uf'.re...- \ r;~ \ , Aspen, CO ,2004 STATE OF COLORADO ) ) ss. County of Pitkin ) I, S~t! ~ / lll\ tL~'V\.at..\ .. ,'.,. ... (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, e.,*"'-v- ~{l\"WH'-\- t>(" ~ry ./ 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 flld was continuously visible from the 1L day of ~, 200+, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto, ,J 'Mailing of notice, By the mailing of a notice obtained from the Community Development Department, which cont<lins 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 gQvernment, school, serviceclistrid or other governmental or q~~govetiUiiehtal agency thaj: 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) '" hfA. 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 ~e 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 business hours for fifteen (15) days prior to the public hearing on such amendments. ~ ~ Signature The foregoing "Affidavit of Notice" was aCknOWle~ed bef9re (Ie this 1L day, of ~ Vl~ , 200!i, by &cyf A dte nau / , WITNESS MY HAND AND OFFICIAL SEAL ~j Comrnissib[1 Expirl;;$ Uj{u/;w06 ATTACHMENTS: COpy OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL ) '\ ./ \ ! ~ PUBLIC NOTICE RE: 660 WEST NORTH STREET NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, J~e 1, 2004 at a rilee.tirig, to begin at 4:30 p.' .m. befo, re th. e Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. 9alena St., Aspen, to consider an application submitted by Nove I, LLC requesting a variance to the Residential Design Standards for secondary mass ahd for a street facing window between nine (9) and twelve (12)feet ~b~ve $e fit1i.shedfirstflooL The subjectproperty is located at 660 West North Street and legally desWibed as Block 20, Lots A, B,and part of C.Forfurther' information, contact Sqott Woodford at the City of Aspen COlllil1unity Development Department, 130' S.Galena. St., Aspen, CO (970) 920-5102, (or by email at scottw@cLaspen.co.us). . s/Jasmine TV!rre.Cl1air Aspen Planning arid Zoning Commission Published in the Aspen Times on May 15,2004 City of Aspen Account '" ~ 609 CORPORATION " A COLORADO CORPORATION PO BOX 1819 ASPEN, CO 81612 !' i, BERLINER ARTHUR S , C/O WALDEN 750 BATn:::RY ST #700 SAN FRANCISCO, CA 94111 CHRIST EPISCOPAL CHURCH 536 W NORTH ST ASPEN, CO 81611 DEMPSEY 1996 REV TRUST NEALDEMPSEY BAY PTNRS 10600 N DEANZA, BLVD #100 CUPERTINO, CA '95014 ( ELLIOTT ELYSE A /610 NORTH ST : ASPEN, CO $1611 I i ., '\-""LDSMITH ANDREW LUBIN 1/3 1344 N DOHENY DR LOS ANGELES, CA 90000 GREENWOOD JIM 1035 W 57TH ST KANSAS CITY, MO 64113 ( I I HOFFMAN JOHN L , 210 W 5TH ST APT 21.1 : KANSAS CITY, M0641 05-1166 , I I ! ( i . . i KOEHLER DAVID R TRUST : 618 W SMUGGLERST , ASPEN, CO 81611 I ' r-lANGENKA,', MP R DOBIE 25% NORTH ST , ] ,..;~lEN, CO 81611 Jam Free pririting' ~ AVERY@ '! ' i AULD ROBERT H & CAROL t i: 730 W SMUGGLER AVE i; ASPEN, CO 8161'1 ' " ; I , , : I r i, I . ; I [ BREMER MALCOLM H & ANGELlKA S : I I 3263 AVALON PLACE 'I i HOUSTON, TX 77019 : : " , , : : II I ; ~ COHEN ROGER L 1035 W 57TH ST KANSAS CITY,MO 64113 ' ,i I ! DIGIGLlA LE RAY DIGIGLlA JOHN WILLIAM PO BOX 4305 ASPEN, CO 81612 , I , ! i! FALENDER STEVEN & DEBRA ; ! : 603 W GILLESPIE ST !! : ASPEN, CO 81611 ,i )! ! j: : ' GOLDSMITH JOHN JOSEPH 1/3 : , 733 25TH ST , , " , i SANTA MONICA, CA 90400 ! I ! ( , , I" I I HALL CHARLES L PO BOX 1819 ASPEN, CO 81612 J i I ! IBBOTSON ANNE B :: 505N 5TH ST I, ASPEN, CO 81611 ;1 j I: I I! ! " '! ,. \ '. ' ; 'I ; LANGENKAMP FAMILY REV TRST 50% i' : 7229 S ATLANTA 'I: '. , '; TULSA, OK 74138 " ' . Ii I , I I' ; : ~ LEWIS TOBY D , , :::18930SWOODLANDRD' , ; I i SHAKER HEIGHTS, OH 44122 J I I ' 'I I . I i' ."it! ~ ~ - ------ ~ 1 I: BASS RAIFIEL I I '606 E HYMAN I: ASPEN, CO 81611 I! ' I r' I ; I! ' ! Ii. : I i BROOKS LAURENE B : I: 1201 WILLIAMS ST #7 ;' i DENVER, CO 80218 '! I it 'J Ii , , i: , ,: COLLINS CHARLES & JANICE S I': PO BOX HH :11 ASPEN, CO 81612 : 1'1 ' I' I] ; ~ ; I ' ELGART ALICE CLARE GOLDSMITH 1/: i! 27 E 62ND ST 6TH FL ;.1 N-EW YORK, NY 1.0001 j I ; ! ; i , 'I' FOX SAM & MARILYN if [ 7701 FORSYTH BLVD ; i: CLAYTON, MO 63105 ! i ~ t J . ; /1. GORSUCH JEFFREY S 48.935% (NT 707 W NORTH ST ASPEN, CO 81611 I' ~ , , .. . i: : HODGES ELAINE C ESTATE : i CIO JOSEPH G HODGESJR PR ; i 2552 E ALAMEDA AVE, UNIT 5 : : DENVER, CO 80209-3324 ! i , : 1 : I I ! JOY WILLIAM' N I ' PO BOX 23 ! ' ASPEN, CO 81612 ! :1 , I I, i , !;. [ , I i LANGENKAMP MARY ALlCE 25% ; ; 14 OSBORNE ROAD i I BROOKLINE, MA 02446 i I I ( I ii' I: LOWR'EY JAMES E JR TRUSTEE i I i 1390ENCLA VE PKWY , j II HOUSTON, TX 77077-2025 i Ii,. ' II r wWvli.av~ry.c()nt ,.' 1-80o;.GO~AVERY (462~8379) . .': :;~:~;~.~;,~~~4;~~r~it~~;tL~:;:t.~::~'y~.;~:,~l;::,:~'~;;";;~;v-I.;>.:..., ',:,1 ,..-.,.~.J>i ,'''';'''''' " .~. u~~ A~eiyiij nlv/pi.ATE 5160e . . ..:-~~~'ID"f.;',""JL.!:t'...':r...-'~b,'~ ~ AVERY@ 5160( LRJ\II LIMnED PARTNERSHIP , 8540 SOUTHWEST 52ND AVE , M' 'l,FL 33143 ./ . : ' LUETKEMEYERJQHN A JR & SUZANNE ! i ~ F 50% ! I . . 'i 1427 CLARKVIEW ROAD- STE 500 : : BALTIMORE, MD' 212Cl9 ' ! I ' , . , i' I I, 'I MA~GERUM AMY L " : i : 622 WEST SMUGGLER : i i ASPEN, CO 81611 : 1'1 ,I' MARKALUNAS JAMES J & RAMONA I 624 W, NORTH ST ASPEN, CO' 81611 MCLEAN CHARLES M PO BOX 11687 ASPEN, CO 81612 I! . i" ' Ii: MILLER ANN F 11 i 715 W SMUGGLER ST : I: ASPEN, CO 81611 I,' . 'I ' MUSGRAVE MARJORY M 629 W NORTH ST ASPEN, CO 81611 , .1 I! OSHANA CATHY tl 108 ROBBINS ST I! OSTERVILLE, MA 02655 I J I, J; I i Ii" ' I; I PARELMAN ALLEN G REV TRUST : : j 734 W SMUGGLER !!: ASPEN, CO 81611 !!: ~. l i! , ;- ;'1 I POPE WILLIAM H 540 W SMUGGLER : ASPEN, CO 81611 I I' I ! SCH~EIBER EUGENE H & STANFORD D 50% 17W PENNSYLVANIA AVE ! I TOWSON,'MD 21204 i I SHERIDAN SUSAN B ' 1201 WILLIAMS ST #7 ,,: DENVER, CO 80218 " : ! I ~ f' . ) J! i " , ! SMALL ALBERT H & SHIRLEY S i 7116 GLENBROOK RD i BETHESDA, MD 20814 , I, I' , ! ! : SMUGGLER LLC : , : CIO SHELLY B DON i; ! 1044 OLIVE ST : ' DENVER, CO 80220 !: ;" , " I [ ST CLAIR STEvEN TRUSTEE I: 4001 MACARTHUR BLVD STE 100 i ; NEWPORT BEACH, CA 92660 ! ! , ) ; I I j' ; WAX RICHARD A & HILDEGARD C i PO BOX 7699 " ASPEN, CO 81~12 WELLS JANE ( & JONATHAN R " 721 W NORTH ST i: ASPEN, CO 81611 I, !! ' , i i WERUN LAURA B ,: j C/OWALDEN , : i i 750 BATfERY ST#700 I i SAN FRANCISCO, CA 94705 , f i i! , , i i J i Ii I, i: i : I: I! ; I' ., I f I: II t > ! ~ ! 'I' i I: , i ;: ! : I: . i, i' . ! ~ I! ,I: ! I Il, ! i : I . .' 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'^ " (' . , \\.. po " ...{ ~ I> >I> \ft :::J (I) <6' J 0" o 3- o o 0. 3 m f/) f/), :; <0 ~ f/) ~ 3- ;E ;:;: J c: (I) m S- f/) (I) 8 :::J 0. m -< 3 m (J) (J) ~, :f o c:: - 0. !. m g. S" <0 2L .... c:: 5l c:: OJ ,~ ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY, 6 ~ >jJ/ %rf Sf SCHEDULEDt'UBLICHEARINGDATE: " ~.. --~- 0 . . . (continued on next page) , Aspen, CO ,200 ~ ,,-., 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 business hours for fifteen (15) days prior to the public hearing on such amendments, ~PsJ 19nmme . \~~~I!f The fo~egoing "Affidavit of Notice" was a~ledged befol~ day ofJ'-.J'O--Il- , 200Lf, by ~~ . , , ~-~;,:';,';,:~if, , '''P1Jl3t1c':f'J'5tlcE' ,.. .. """...,.....,,-' "RE:'633WESt NORT'H~'S EET , , BY G that a public' hearing , "'''..' yju~ef5:"2004 at a me"!: ing to ' ,before the Aspen Plan.. "p'. , ",.., to;. ,;0', "'''' '''''~., City Hall, 130 S. Gillena St., Aspen, to conslder.an application, submitted by Nove I, LLC requestmg 'lrY~:rf~j151r,:,t'?,',t~~:.,,;,,~e~i.~,~~!;!~1.I?7!;,~~n, S,~,a~?,~!_d,? ,f?r'}~~(j1<ia'~y<~~~_~~'~i~Q .~f2{~:~:~Jf~~,!~1~s!!i~ _:V:i~~" dow between nine (9) and twelve (12) feet above the finished' ii~st' flpor. The subject property is , , " ,.. ' , ..,...."" . and legally 'de, 10 , t. , ',an 'part otc;" --, (ma icontact Scott Wool:lIQrd, s"pie"n':Co:"m,unl'tyDev elo pm entDe- a e St., Aspen, CO (970) 920- af s ttw@ci,aspen.co,us). ", " ,', ',:".. s/Jasmine Tygre, Chair' , " ,'.. ',':" Aspen Pla~ning and Zoning Commission 'Liblisned'in The Aspen Times on May 29, 2004, .;'"._,;_...~~ ''"'''''''i'''_~COPY OF THE PUBLICATION WITNESS MY HAND AND OFFICIAL SEAL f />3/-' ATTACHMENTS: PHOTOGRAPH OF THEPOSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVE:RNMENTAL AGENCIES NOTICED BYMAIL ,-,' . I.; ----~ : C()J tel, f'i\tL~ ~'" te--, - +~ " f", v c,;~. G.r:ftd . .' , .. "I, ~, SuAt': ccokl k,cu~l f$f(lJ6f"l,'tj · M,;,e. C IJ!\ u.J " "+<-\- '0-11'1 "",,<4w or fJ.()J\.. ~(k..I- 6--:1f.-0J ' (jJt^ck.u /q~:Z I \ ,Ct G ;; ;7 vJ, }\6r{1/\ <...j\-. · ~~I /'^6-'if~ G. w,'~ 13 J l}JJ""~O\P ~LuJ\ q;- (2. -ru} , l<c,\,,;\~ en ~f\~t1 I CO^\p\lGS l,vt CKt<0'^- -* ( I ~~~I ~{c.vc~ s ; " pr",; k ();\ 1frfr':"-\c f"\\<r1l t\; d"","l" " (MS L'1 -ItA. eM k ~ + ~F r~ bI J. ((/l?~ Cw\~ ~ ~~l\at;s ~ ~s. .A, , l,{j ,~~ J O&V : \~ It [oAhlA;-. (~ (j rvUf.. 0& ~~lJ~ II A'>" 'c ,., \, t <:: .t.,,:;: ,J1 &l.J ~"V,J If "" \ ',\;\..:;;:, (1\0<>'.';> ~ ~l J ,,~- \. tv. ~ 1"" I ( I I ( I 1'" Co,\rcs IN\ t;.flrir 8\- c.~ocrA ~~ ~1(AlJ#.~_ 1\, i$Sl;t cuI _~~j~ i k ill ~(lW (;. t "l,lw-I ~ ~ -bs rf (I) \cL~ ,\"<t<;. ~\I1 't':tl~",-hvJ CoJl ~A k '" ot BP S-~ L "~4. wtl\ \a, ~.~CV't,A ( A(if(}f\, ~J.,lAt.s. bo,f\, l,kJ ~~6J\(' f...tW( ~:tM.l ~ ~o\- ttftlk ~-tC, ~MC:>S ~U:lf6. ~r CbS&t oeetk-\1t,s. cl<.- -b J~1\1,: ~ts. Cr\~l:-,~(/\. 'Dt \.(1\ ~ ,!JJJV J,-(,.. -#r. \ . JlAD~'~ 5ito!'tl ~..kt'-.U.l s.o~, aC;S~ro,/,u.. c~ 1''''''' v~t'1"~ll ~f'r\ ~ ) r ~ 0 I 011 arc h tee I s Variance Request: Additional Remarks Nove I 633 West North Street Aspen, CO Residential Design Standard (26.410.040) B. Building Form: #1. 'Secondary Mass' states: All new structures shall locate at least ten percent 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, shed, and accessory dwelling units are examples of appropriate uses for the secondary mass. A subordinate linking element for the purposes of a secondary mass shall be defined as an element not less than six feet in width and ten feet in length with a plate height of not more than nine feet. We are requesting a variance for one of two proposed residences. It seems this standard lends itself primarily to a Victorian solution and is not consistent with our design direction. We have addressed this design standard in other ways: First; proposing two separate residence verses one larger one conforms with the existing rhythm of the neighborhood; and could be considered our 'secondary mass'. Second; both residences have an upper level that is less than 70% of the lower level even without the detached portion. Third; Residence 'A', located on the more visible corner portion of the lot; has a detached garage. We are asking for a variance on Residence 'B', located on the interior of the lot; the less visible portion of the site. In doing so we would be able to preserve more of the existing landscape and keep the fayades aligned The images here help to illustrate the way rhythm and form establish a pattern; the way it can make a large building appear smaller; more a part of the west end fabric. In building two residences, we have maintained the integrity of the established pattern. Each residence's upper level is held back from the front and back facades; consistent with the established massing. 555 n. mill st. aspen co. 81611 970.920.9428 fax 970,920.7822 ~ I ~ 0 I 011 arc h tee t s Variance Request: Addendum Nove I 633 West North Street, Aspen, Colorado Residential Design Standard (26.410.040) #3 'Windows' letter 'a' states: street windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and twelve (12) feet above the finished first floor. For interior staircases, this measurement will be made from the first landing if one exists. A transom window above the main entry is exempt from this standard. Building 'A's' West Elevation uses glass as an exterior material that would reach into the 9'-12' zone. It is semi-opaque and would let light through without seeing into the house. Within this new material there is to be one transparent window above the 9'-12' zone. The design intent is to treat the glass as a material, similar to the wood and stone. We have included an image of the glass type we intend to use. It illustrates opacity and glass as a material. The glass wall would be consistent with the neighborhood because of the collage of materials that already exists. We have included images that show that different ideas about form and material are what make the west end unique. 555 n, mill sl. aspen co. 81611 970.920.9428 fax 970.920.7822 ~ ,~ ~ .."",.. , ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOJIGI;, ,..' , ..'.'. REQUIRED BY SECTION 26.304.060 (E), ASPEN LAN[) lJ$ECODE SCHEDULED PUBLIC HEARING DATE: , Aspen, CO ADDRESS OF PROPERTY: ,200_ STATE OF COLORADO ) ) ss. County of Pitkin ) I, ~).O/ iIV\~.s. L :'v\Jj (name, p1ease 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: X;ublication 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 obtain~g fra.,Ill 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 fr.om 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 th~ 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) feef 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 ofthe public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) ~ ~ IUD I 011 arc h t e c t s We are requesting a variance for one of two proposed residences at 633 West North Street. It is in regards to Residential Design Standards 26 410.040 B, 1; that all new structures should locate a percentage of their square footage in a secondary mass. We feel this standard lends itself primarily to a Victorian solution and is not consistent with our design direction. We feel we have addressed this standard in other ways. First; we are proposing two separate residence verses one larger structure in order to conform to the existing rhythm of the neighboring context. We feel one ofthe two could be considered the secondary mass. Second; both residences have an upper level that is less than 70% of the lower level even without the detached portion. We are asking for a variance on Residence 'B', located on the least visible portion of the site. The variance would also allow us to preserve existing trees. Residence 'A', located on the corner of the site; does have a secondary mass and therefore complies. We feel we have creatively addressed this standard to work within our design intent; and would hope to be granted a variance for the least visible Residence, 'B'. 555 n, mill s t, asp e n co, 8 1 6 1 1 970, 920.9428 fax 970, 920, 7822 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: D lJ (!)f!J (for e purposes f calculating Floor Area, Wt Area maybe reduced for areas within the high water mark, easements, and steep slopes. Please refer tothe defmition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential Units: Number of bedrooms: Existing: 0 EXisting:==! \ :- Existing: ,,> ", Proposed: Proposed: Proposed: V 12- \ ~,l41V\~dCh ) Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing:.Qf'3D Allowable:_4D DtO Proposed:~ 0 ~~"7'Principal bldg. height: Existing: 7.!/} Allowable:::z. CO \ ,Proposed:~ Access. bldg. height: Existing:_Yk Allowable: Proposed: YOn-Site parking: Existing: 0 Required: -4 Proposed:A- % Site coverage: Existing: ..:!If:ll'o Required:j 61ft Proposed: 316!o % Qpen Space: Existing:iD ' Required: B Proposed: C) Front Setback: Existing:_~'-(O~ Required: It:/{+ijr)Proposed: \.S' Rear Setback: Existing:' ~;\~~Required:, to \ Proposed:' 5 \ Combined F /R: Existing:~ Required: t~ Proposed: .a.:~ ' E .. jl' I \l R . d r I an ( I 7') II Side Setback: xlstmg: · ....19 equlre: v;J -v Proposed:!J -'r) S d S tb k E. . '(""r - n'R . d \ V-D" p' d \. D,ld'"".l' ' i e e ac: xIstmg:~ equzre: l,' ..,' , ropose: - l--' Combined Sides: Existing:j. t ;'10 Required:-.J lio'- 2,\\ Proposed:_\ lo(- ~ I ~ '1 Existing non-conformities or encroachments: "-J'.' 0 ~-e. Variations requested: · re- fe r in', a. ~ cltl-t'A ~h.el::r APPLICANT: ~~n9~V\ Cc..~p ATTACHMENT 2 -LAND' USE APPLICATION I Name: Location: REPRESENTATIVE: Name: Address: Phone #: .Gco1J L.'{V\oe V\t\\J:' - St\Jt>\D ". b D r G '" ~ t- ~( t-,<:, , 20~<1-t?~cQ 555 ~T Lls~ . . J,' \ PROJECT: Name: Address: , -4.0\f~ LLc./. '. ' -103o u) ..tJ Of th stfLVet Phone #: TYPE OF APPLICATION: (please check all that apply): 0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt. 0 Special Review 0 Final PUD (&PUD Amendment) 0 Final Historic Development Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt. 10 GMQS Allotment 0 Final SPA (& SPA Amendment) '; 0 Historic Demolition 0 GMQS Exemption 0 Subdivision 0 Historic Designation 0 ESA - 8040 Green.l.iD.e, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion! Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane 0 Lot ~plit 0 Temporary Use 0 Other: 0 Lot Line Ad'ustment 0 TextlMa Amendment EXISTING CONDITIONS: jJ \) Vl.e,(C PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 52 ~..J. S"'Z5IJ: f<t~ R~id~Y\re.s , . l :z lrn. 00 FEES DUE: $ f./ " U . r'\ .1 ) I ~ 0 I ~II arc h tee t s The applicant is Nove I LLC. The representative of Nove I is Scott Lindenau, located at Studio BArchitects, 555 N. Mill Street, Aspen CO, 81611, 920-9428. Scott Lindenau, Principal AlA 555 n, mill st. aspen co, 81611 970,920,9428 fax 970,920,7822 Sara Oates April 14, 2004 Page 1 LAW OFFlCES HILL, EDWARDS, EDWARDS & KINNEY, L.L.C. CENTENNIAL PLAZA BUILDING 502 MAIN S1REET, SUITE 20t CARBONDALE. COLORADO 81623 THOMAS C. HILL JOSEPH E. EDWARDS, JR,. P.c. JOSEPH E. EDWARDS, III TOM KINNEY TELEPHONE (970) 963-3900 FACSIMILE (970) 963-3131 April 14, 2004 Sara Oates City of Aspen Planning Department 130 South Galena Street, Third Floor Aspen, Colorado 81611 .';1.',. Re: 633 West North Street, Aspen, Colorado Dear Sara: I represent Nove I, LLC, aColorado limited liability company. One of the members of Nove I has entered a contract for the purchase of the above-referenced property. That member has agreed to assign the Contract to Nove 1. All of the contingencies of that contract have expired except for completion of a quiet title action, We expect a court order in the quiet title action ih the first few days of May and we anticipate the contract will close during the first week or two of May. Title to the property is currently held one-half by the Langenkamp Family Trust, one-quarter by R. Dobie Langenkamp and one-quarter by Mary Alice Langenkamp. We have been authorized by the owner of the property to file the variance application. There are no monetary or other encumbrances on the property. Please contact me if you have any questions. Very truly yours, HILL, EDWARDS, EDWARDS & KINNEY, L.L.C. Joseph E. Edwards, ill cc: Scott Lindenau G:\Nove\J oates,OJ ,wpd Use Avery@ TEMPLATE 5160@ LRM LIMITED PARTNERSHIP 8540 SOUTHWEST 52ND AVE MIAMI, FL 33143 MARKALUNAS JAMES J & RAMONA I 624 W NORTH ST ASPEN, CO 81611 MUSGRAVE MARJORY M 629 W NORTH ST ASPEN, CO 81611 POPE WILLIAM H 540 W SMUGGLER ASPEN, CO 81611 SMALL ALBERT H & SHIRLEY S 7116 GLEN BROOK RD BETHESDA, MD 20814 WAX RICHARD A & HILDEGARD C PO BOX 7699 ASPEN, CO 81612 Jam Free Printing \i\ AVERY@ ~ .l:}:::rrJ:illj]f...l"_::S;3:0"~~~';S LUETKEMEYER JOHN A JR & SUZANNE F 50% 1427 CLARKVIEW ROAD - STE500 BALTIMORE, MD 21209 MCLEAN CHARLES M PO BOX 11687 ASPEN, CO 81612 OSHANA CATHY 108 ROBBINSST . OSTERVILLE, MA 02655 SCHREIBER EUGENE H & STANFORD D 50% 17W PENNSYLVANIA AVE TOWSON, MD 21204 SMUGGLER LLC C/O SHELLY B DON 1044 OLIVE ST . DENVER, CO 80220 WELLS JANE I & JONATHAN R 721 W NORTH ST ASPEN, CO 81611 @ AVERV@ 5160@ MARGERUM AMY L 622 WEST SMUGGLER ASPEN, CO 81611 MILLt:R ANN F 715 W SMUGGLER ST ASPEN, CO 81611 PARELMAN ALLEN G REV TRUST 734 W SMUGGLER ASPEN, CO 81611 SHERIDAN SUSAN B ! 1201 WilLIAMS ST #7 DENVER, CO 80218 ST CLAIR STEVEN TRUSTEE 4001 MAC ARTHUR BLVD STE 100 NEWPORT BEACH, CA 92660 WERLlN LAURA B CIO WALDEN 750 BATTERY ST #700 SAN FRANCISCO, CA 94705 www.avery.com .. ............. __ .. .__'._ II._'!" ____, .-"_",_',..",_, ...,>.c-,-.._,_._.,,~....,.. ~-,-.:"'--' -'-_."'.:'-..,:,,~.~..~ Use Avery@ TEMPLATE 5160@ 609 CORPORATION A COLORADO CORPORATION PO BOX 1819 ASPEN, CO 81612 BERLINER ARTHUR S C/O WALDEN 750 BATTERY ST #700 SAN FRANCISCO, CA 94111 CHRIST EPISCOPAL CHURCH 536 W NORTH ST ASPEN, CO 81611 DEMPSEY 1996 REV TRUST NEAL DEMPSEY BAY PTNRS 10600 N DEANZA BLVD #100 CUPERTINO, CA 95014. ELLIOTT ELYSE A 610 NORTH ST ASPEN, CO 81611 GOLDSMITH ANDREW LUBIN 1/3 1344 N DOHENY DR LOS ANGELES, CA 90000 GREENWOOD JIM 1035 W 57TH ST KANSAS CITY, MO 64113 HOFFMAN JOHN L 210 W 5TH ST APT 211 KANSAS CITY, MO 64105-1166 KOEHLER DAVID R TRUST 618 W SMUGGLER ST A$PEN, CO 81611 LANGENKAMP R DOBIE 25% 633 NORTH ST ASPEN, CO 81611 Jam Free Printing ~ AVERV@ . .. '-'''-'''-.,- _'_".. ,,_.....,~,'--."_ .._~_-,-__,~i?~'"Q @ AVERV@ 5160@ AULD ROBERT H & CAROL C 730 W SMUGGLER AVE ASPEN, CO 81611 BASS RAIFIEL I 606 E HYMAN ASPEN, CO 81611 BREMER MALCOLM H & ANGELlKA S 3263 AvALON PLACE HOUSTON, TX77019 BROOKS LAURENE B 1201 WILLIAMS ST #7 DENVER, CO 80218 COHEN ROGER L 1035 W 57TH ST KANSAS CITY, MO 64113 COLLINS CHARLES & JANICE S PO BOX HH ASPEN, CO 81612 DI<;lIGLlA LE RAY DIGIGLlA JOHN WILLIAM PO BOX 4305 ASPEN, CO 81612 ELGART ALICE CLARE GOLDSMITH 1/3 27 E 62ND ST 6TH FL NEW YORK, NY 10001 FALENDER STEVEN & DEBRA 603 W GILLESPIE ST ASPEN, CO 81611 FOX SAM & MARILYN 7701 FORSYTH BLVD CLAYTON, MO 63105 GOLDSMITH JOHN JOSEPH 1/3 733 25TH ST SANTA MONICA, CA 90400 GORSUCH JEFFREY S 48,935% INT 707 W NORTH ST ASPEN, CO 81611 HALL CHARLES L PO BOX 1819 ASPEN, CO 81612 HODGES ELAINE C ESTATE C/O JOSEPH G HODGES JR PR 2552 E ALAMEDA AVE UNIT 5 DENVER, CO 80209-3324 IBBOTSON ANNE B 505 N 5TH ST ASPEN, CO 81611 JOY WILLIAM N PO BOX 23 ASPEN, CO 81612 LANGENKAMP FAMILY REV TRST 50% 7229 S ATLANTA TULSA, OK 74138 LANGENKAMP MARY ALICE 25% 14 OSBORNE ROAD BROOKLINE, MA 02446 LEWIS TOBY 0 18930 S WOODLAND RD SHAKER HEIGHTS, OH44122 ' LOWREY JAMES E JR TRUSTEE 1390 ENCLAVE PKWY , HOUSTON, TX 77077-2025 www.avery.com ~ I ".. ~ o o ~ o It) o 15 '" u. ,Q !ii ' c_'Q)C ~ ~ g'g ~~jgg 5r co C,) -0, '-o>-~ ~ ; ~ a .r::..- >. C 0."00<1) ~~~a5 roa=l8e> ,!!,l:2 ~ ~ (I) c....c Q) ~{g-.... (1) E<IJ ,= ~ ~.~ a '~m~g> ~-Cll'5 "'OQ)U)C: CiS~Q) ro\t- 0.0. Eo Cll Cll ~"O <IJ :c I- (/) Ci c: ;g g; c: Cll 0.. <IJ <( 8 C'l :E ,QJ ~ o l!<t {,r' (> ) r ~ D' 011 arc h tacts May 5, 2004 Variance Request: Addendum Nove I 633 West North Street, Aspen, Colorado Residential Design Standard (26.410.040) #3 Windows' letter 'a' states: street windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and twelve (12) feet above the finished first floor. For interior staircases, this measurement will be made from the first landing if one exists. A transom window above the main entry is exempt from this standard. Building 'A's' West Elevation uses glass as an exterior material that would reach into the 9'-12' zone. It is semi-opaque and would let light through without seeing into the house. Within this new material there is to be one transparent window above the 9'-12' zone. The design intent is to treat the glass as a material, similar to the wood and stone. We have included an image of the glass type we intend to use. It illustrates opacity and glass as a material. 555 n, m j 1/ s t, a s pen co, 8 1 61 1 970, 920,9428 fax 970, 920, 7822 .~....."',y ... ~' !" rl--___ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I II I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ! I I I I I ! i I I I I I I I I I I U ."3.;~" z o ,..,. ,..,. o Vl n ~ (D " ~ l>- :t: ...... .25~' ~ CITY OF ASPEN COMMUNliYDEVELOPMENt DEPARiMENt Al!reement for Payment of City of AspeIfDevelopment Application Fees CITY OF ASPEN (hereinafter CITY) and ~e. lJ-,{./ ' (hereinafter APPLICANT) AGREE AS FOLLOWS: ~1.. ' WAP~. CANT as submitted to CITY ~.n ap lication" fo. tp. 3 ,. ,) L. ' , ' (hereinafter, THE PROJECT), ~ i Y\~k/ fa lI>1 i~ r""sioe"", 2, APPLICANT understands and agrees that City of Aspen Ordinance No, 57 (Series of 2000) establishes a fee structure for Land Use applications and the paynient of all processing fees is a condition precedent to a determination of application completeness. . . . 3, APPLICANT and CITY agree that. beCa1.1Se of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the fuiI extent of the costs involved in processing the application, APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT m3ke payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis, .. APPLICANT agrees additional costs may accrue following their hearings and/or approvals, APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred, CITY agrees it will. be benefited through the . greater certainty of" recovering its full costs to process APPLICANT'S application, 4, CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Plalllling Commission ~d/or City Council to enable the Planning Commission arid/or City Council to make legally required. [mdings for project cOI1$ideration, . uriless current billings are paid in full prior to decision, 5, Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect fun fees prior to a detennination of application completeness, APPLICANT shan pay an initial deposit in the amount of $ which is for hours of Community Development staff , time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a'rate of $205 ,00 per planner .hour over the initial deposit: Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. . CITY OF ASPEN APPLICANT By: Julie Ann Woods Community Development Director By: 7 U7""r~ V tAJpVN IrV\ +( I'll (!)~ Date: Billing Address and Telephone Number: ReQuired ~ ~ c.. -/ ~/ -/ N't> kvt- M. ~ g: \support\fo rms\agrpa yas.doc 6/05/03 . ,. .... .. 1t-o RElAlM fOR PERMANENT RECORD A:7IlfJrJ 1 UJ . ~ t-U 111 q4'~8 3= u..I - :::::-- I-- - u..I u..I - cr::: u..I-.c I-- -.c .:::lI::- "" - ___co ::z: co - ""0 ...... ~ ......0 :co <> -0 - :::E: <C . . . I-- ~ ell )L6 la~ ~l9l9 0:> UadSD ~a"UtS !l\!W .U ggg paAJaSaJ sty6p liD .o'd S't 0 al ! 4 :) J oq O! 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