HomeMy WebLinkAboutLand Use Case.633 North S.t0027.2004.ASLU
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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
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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
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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:
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Jasmine Tygre, Chair. .
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City Attorney
ATTEST:
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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
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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
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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
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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
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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
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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
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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
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. 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)
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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
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! : i 734 W SMUGGLER
'! ; A$PEN, CO 81611
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540 WSMUGGLER
: ASPEN, CO 81611
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17W PENNSYLVANIA AVE
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SHERIDAN SUSAN B .
I i 1201 WILLIAMS ST #7
!; DENVER, CO 80218
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: 7116 GLENBROOK RD
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i: I 1044 OLIVE ST
'; DENVER, CO 80220
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I WAX RICHARD A & HllDEGARD C
: PO BOX 7699
ASPEN, CO 81~12
WELLS JANE! & JONATHAN R
721 W NORTH ST
ASPEN, CO 81611
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! ; NEWPORT BEACH, CA 92660
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I i WERLlN LAURA B
. I C/O WALDEN
i: 750 BATTERY ST#700
, ! i SAN FRANCISCO, CA 94705
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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
)
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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
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'\-""LDSMITH ANDREW LUBIN 1/3
1344 N DOHENY DR
LOS ANGELES, CA 90000
GREENWOOD JIM
1035 W 57TH ST
KANSAS CITY, MO 64113
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I HOFFMAN JOHN L
, 210 W 5TH ST APT 21.1
: KANSAS CITY, M0641 05-1166
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: 618 W SMUGGLERST
, ASPEN, CO 81611
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NORTH ST ,
] ,..;~lEN, CO 81611
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i: 730 W SMUGGLER AVE
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: I I 3263 AVALON PLACE
'I i HOUSTON, TX 77019
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1035 W 57TH ST
KANSAS CITY,MO 64113 '
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DIGIGLlA JOHN WILLIAM
PO BOX 4305
ASPEN, CO 81612
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; ! : 603 W GILLESPIE ST
!! : ASPEN, CO 81611
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: , 733 25TH ST , , "
, i SANTA MONICA, CA 90400
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PO BOX 1819
ASPEN, CO 81612
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:: 505N 5TH ST
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i' : 7229 S ATLANTA
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I: ASPEN, CO 81611
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;' i DENVER, CO 80218
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I': PO BOX HH
:11 ASPEN, CO 81612
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i! 27 E 62ND ST 6TH FL
;.1 N-EW YORK, NY 1.0001
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if [ 7701 FORSYTH BLVD
; i: CLAYTON, MO 63105
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707 W NORTH ST
ASPEN, CO 81611
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: i CIO JOSEPH G HODGESJR PR
; i 2552 E ALAMEDA AVE, UNIT 5
: : DENVER, CO 80209-3324
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! ' ASPEN, CO 81612
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; ; 14 OSBORNE ROAD
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i I i 1390ENCLA VE PKWY ,
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1-80o;.GO~AVERY (462~8379)
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LRJ\II LIMnED PARTNERSHIP ,
8540 SOUTHWEST 52ND AVE
, M' 'l,FL 33143
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! i ~ F 50%
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'i 1427 CLARKVIEW ROAD- STE 500
: : BALTIMORE, MD' 212Cl9 '
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" : i : 622 WEST SMUGGLER
: i i ASPEN, CO 81611
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MARKALUNAS JAMES J & RAMONA I
624 W, NORTH ST
ASPEN, CO' 81611
MCLEAN CHARLES M
PO BOX 11687
ASPEN, CO 81612
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11 i 715 W SMUGGLER ST
: I: ASPEN, CO 81611
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629 W NORTH ST
ASPEN, CO 81611
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tl 108 ROBBINS ST
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: : j 734 W SMUGGLER
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540 W SMUGGLER
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50%
17W PENNSYLVANIA AVE
! I TOWSON,'MD 21204
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1201 WILLIAMS ST #7
,,: DENVER, CO 80218
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i 7116 GLENBROOK RD
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: , : CIO SHELLY B DON
i; ! 1044 OLIVE ST
: ' DENVER, CO 80220
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I: 4001 MACARTHUR BLVD STE 100
i ; NEWPORT BEACH, CA 92660
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i PO BOX 7699
" ASPEN, CO 81~12
WELLS JANE ( & JONATHAN R
" 721 W NORTH ST
i: ASPEN, CO 81611
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, i i WERUN LAURA B
,: j C/OWALDEN ,
: i i 750 BATfERY ST#700
I i SAN FRANCISCO, CA 94705
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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 .
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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
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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
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, 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)
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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 .
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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
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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
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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
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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
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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
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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..
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