HomeMy WebLinkAboutLand Use Case.310 W Bleeker St.0030.2004.ASLU
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City of Aspen Community DevelopmentDept.
CASE NUMBER 0030.2004.ASLU
PARCEL ID# 2735-124-365-002
CASE NAME Design Review Appeal
PROJECT ADDRESS 310 W Bleeker
PLANNER Sarah Oates
CASE DESCRIPTION Design Review Appeal
REPRESENT ATIVE CHARLES CUNNIFFE ARCH
DATE OF FINAL ACTION 06/15/04
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
Denied
07/26/04
D DRISCOLL
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ASPEN' PLANNINGCiZONING COMMtS'SION C~tesc'Jt1NE15~ 2004
Marion said he really feels fo; the issll~a~thth~(r~'gatag'etharwa~~r~/aysHi"'"
parked in front of but he has seen the enforc~ment work.
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MOTION: Brandon Marion moved to approve resolution #22, series 2004for a
variance to the residential design standards that require garages be accessed from
an alley where one exists for the residence at 725 West Bleeker Street, legally
described as Lots C & D, Block 18, original Aspen Townsite. Seconded by Dylan
Johns. Roll call vote: Rowland, no; Marion, no; Skadron, no; Johns, yes; Johnson,
no; Tygre,no. DENIED 5-1.
Discussion of motion:
Jack Johnson stated that this was really hard; he understands their position and
worked at the Hickory House but Paul can be reasoned with. Johnso.Il,S9:!gJh~
issue was neighborhood especially with commercial and residences but there was
no way he could vote to approve 'a garage facing Bleeker Street in the W~st :End.
PUBLIC HEARING:
310 WEST BLEEKER - RESIDENTIAL DESIGN STANDARDS
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VARIANCE' c.".,..., c, , H'. " "i>\:"f<:.:.":i21Li'" , .' .,e
Jasmine Tygre opened the public hearing for31 0 West Bleeker. Proof of notice
was provided. Sarah Oates distributed 2 letters, 1 in support and the other letter
had concerns about height; the height would be measured oIl ]:lamra! grade or
existing grade, which ever is more restrictive. . '" , '
Oates said this was a residential design standard variance request t6 waive the two
to one floor area penalty for windows, which!penetrate higher than 10 feet above
the first finished floor above the street facing fa9ade. If there is a two hundred
square foot room behind the plate of glass there is a penalty and it couiits for four
hundred square feet. The house was built in 1988 as you can see from th~
elevations and photographs that wer~ provided there are windo-ws JhatlIl~~{.the
criteria for the two to one penalty on Bleeker Street. Oates said the applicant asked
~he requirement or penalty be waived so that they can capture the square footage
and do an addition onthe alley side over the garage. Staff didl10t support the
variance application because staff cannot find for the stl!ndard$ or criteria.
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Janver Derrington, architect with Charles CUI1?~!f, said they felt the~rst standard
providing an appropriate design or pattern of developmeniconsidering the context
in which development is proposed in this block on Bleeker that there was no
contextual standard established; there were a wide variety of styles of house on that
block, which can be seen in the photograph (streetscape - attachment #10).
Derrington stated there wasno style or pattern and very little in compliance with
8
ASPEN PLANNING & ~NINGCOMMISSION Mina JUNE 15~ 2004
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the residential standards, m~iply because most of theh.o'U~e~:wer~Ql.lilt prior to the
enactment of the residential design standards. Derrington said they don't feel there
is any precedence set by that in a contextual manner or sense that would require
this house to retroactively comply with the residential design standards enacted
some years later after it was built. The house (from the photograph) shows five to
six large mature evergreens that were screening the house from the street, which
makes the reason for having some sort of a span between nine (eet i311q twelYe lee!
on the glass window fac;ade facing south toward the street is really irrelevant and
not visible. Derrington said they felt it was an arbitrary requirement to put
something up there just for the sake of complying with this standard. Derrington
said they agreed with standard #2 there wen:': no site specific copstraints onthJs
parcel; the proposed addition was on tbe~lley side have been supported by the
neighbor across the alley who would be most impacted by that addition of the
studio above the garage and was contextu.alwithintheqesign of the original house
itself. Derrington said the addition has I1oef(ect optl1eJrQnt of!he1191.1~eC;ln<:l,the
imposition of the penalty of the two-story space on the inside.h(is nQrelev(ince to
something built on the alley.' Derrington saidthis building was grandfatheredand
exempted from the requirement of the volume stand(irqip !heresi(lenJi9-L<:l~~ign
standards.
Oates stated that the cOIl1lJlissionshOlJ.ld'U:rlgers!ill!Qtg~t~Yerything is existing with
the exception on page l3'the addition'on top of the garage is what was requested
and they were not asking for a variance for that; they were askil1gfor a variance
from the volume penalty to capture that square footage to be able to do that
addition. Joyce Allgaier stated that they were seeking exemption from the
windows that already exist so that they can gain additional floor area to m(ike...tl1at
addition. Oates said they would not be entitled to apyadditional floor area above
and beyond anyone else in the neighborhood, just what they are entitled to based
upon the design of their building.
Derrington said the penalty is applied when they go through zoning review then
they don't have the FAR to do the addition over the garage; if they were exempted
from that standard because the house was built before the, st(ipgard was enacted
that would allow them to have the additional two hJJJ).dreQsquare feet that would
be slightly under the FAR with th(itpenalty being exempted.
Tygre asked if this wouldn't be more appropriately regarded to the Board of
Adjustment. Oates replied no because it was not adimensioP(il requirement; they
were entitled to any square footage that any 6,000 square foot lot was entitled to
but they are taking a penalty because of the residential design standards. Allgaier
added that when someone. GQIIlesinwithCl,.p~:w proposal to make an addition in the
floor area it is measure based upon the regulations that are in place today as well as
9
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ASPEN PLANNING~_ ZONING COMMISSION M,,_~dtes-JUNE 15~ 2()()4
height so if those things change over time people are held to using the code that's
in place at the time of building permit.
No public comments.
Roger Haneman said he was fascinated that there was no concern for the reduction
of the theoretical se'condary mass and he was surprised the residential design
standards did not simply apply to all structures. Oates said the standard for
secondary mass was for all new structures. Haneman said that the fact that
residential design standards applies to all structure not just new structures was
surprising; he asked if that was the intent when it was passed. Oates replied yes,
even if the building was built 50 years ago the garage aspect has to comply with
the residential design standards. Haneman said they weren't in compliance now
and they are increasing the non-compliance and that's not an issue but based upon
how the front of the house looks because it was designed that way when the house
was built and if they had anticipated adding on 10 years they wouldn't be able to.
Oates noted if they had the square footage she could give them a building permit
because secondary mass applies to all new structures. Haneman said that the
design standards should apply to all structures or not. Allgaier said the pre-
existing condition dictates floor area today and that was the issue because when
floor area is calculated it is based on the regulations in place today. Allgaier said
by having those tall windows they are taking a cut of floor area.
Skadron asked the reasoning that these windows count as two times the floor area
ratio. Allgaier replied some of the photographs illustrate some of the reasons why
those residential design standards were put in place; the West End was loosing its
sense of pedestrian scale with monolithic planes of front walls on the street and the
sidewalk that had cathedral ceilings inside. From the outside the very tall arching
windows were reading as something that did not add to that streetscape, that
pedestrian feel; the feeling was knocking out that area between 9 and 12 feet,
which would be where the second floor would actually sit it wouldn't feel like such
a monolithic plane because of the break.
Dylan Johns said that he couldn't find any reason to go against the staff findings;
he didn't think this was a very large problem overall for the project itself and there
was an easy remedy for it: come into compliance with the design review standards.
John Rowland asked if there has been a grandfather clause precedence ever set.
Allgaier replied this was a consistent way staff uses the land use code today when
someone comes in for a new development. Hoefer stated the land use code would
almost be meaningless if everything were grandfathered in. Hoefer said from a
10
ASPEN PLANNING & ~NING COMMISSION Min~ JUNE 15,2004
constitutional perspective the U.S. Supreme Court has recognized the right of a
Municipality to zone.
Derrington said one point regarding that standard #1, in evaluating the context as it
is used in the criteria, the board may consider the relationship of the proposed
development with the adjacent structure, the immediate neighborhood setting, or a
broader vicinity, as he mentioned earlier there is no contextual precedent set by
this block; it was an eclectic group of buildings and this house has been there for
15 years and they were not changing the streetscape. .Derrington. said the design
review standards addressed the streetscape and this was well screened by mature
evergreen trees, which makes it virtually impossible to see the front of the house
except from one certain vantage point directly in front of the entrance. Derrington
stated whether or not there would be a possibility if they chose to, do so of tearing
down the existing fayade and building a new fayade, which seems rather erroneous
in order "to get the FAR that they should be allowed by the zoning at the time they
built the house. Derrington said sticking something on the front of the building to
cover the 9 to 12 foot span, like a girdle, would make little sense but it could be
done but what would be the point and how would that add to the experience and
ambiance of the neighborhood.
Tygre stated item #1 of the criteria was of more concern than item #2; or members
of the commission may find that #2 is relevant but these were the standards by
which the commission has to evaluate every application and it was up to the
individual commissioner to make a finding that this application either does or does
not fulfill these standards.
MOTION: Ruth Kruger moved to approve Resolution #23, series 2004 granting a
variance from Section 26.410.040(D)(3)(a), relating to the window location on the
front fac;ade of the house finding that the review elements of criterion #1 and in
Section 26.410.020(C) have been metfor 310 West Bleeker Street. Seconded by
Roger Haneman. Roll call vote: Johnson, no; Johns, no; Haneman, yes; Skadron,
no; Kruger, no; Rowland, no; Tygre, no. DENIED 6-1.
Discussion: Johnson said that this house and design were great examples of why
the standards were put into place originally and seems irrational to grant a variance
to a structure that exemplifies exactly what the standards were written for.
The commissioners gave their board reports.
], ckie Lothian, Deputy City Clerk
11
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MEMORANDUM
THRU:
Aspen Planning & Zoning Commission
~
Joyce Allgaier, Deputy Planning Director
Sarah Oates, Zoning Officer 5e>
TO:
FROM:
DATE:
June 15,2004
RE:
Residential Design Standard Variances for 31 0 West Bleeker Street
SUMMARY: The subject property is a 6,000 square fo()tl()t in the M()clerate~t>ensity
Residential (R-6) zone district. Currently, there is an existing single-family residence on
the lot which was built in 1988. The applicant is proposing an addition to the existing
house on the alley side.
The applicant requests a variance from the Residential Design Standards related to the
volume penalty for windows that span between nine (9) and twelve (12) feet above the
first finished floor on street facing facades. Windows with an exterior expression of
plate height higher than ten (10) feet are subject to a 2:1 floor area penalty. That is, the
room behind the window cOllnts 40uble the ,floor area. ()fthea.~1:l1al space (i.e. a 200
square foot room counts 400 square feet towards floor area). The penalty can be
eliminated by a variance granted by the P&Z and a finding that one of the two Residential
Design Standards variance criteria has been met.
APPLICANT: J. Ronald and Phyllis M Blevins represented by Charles Cunniffe
Architects. The application is included as Exhibit A.
LOCATION: 310 W. Bleeker Street, Block 43, Lots P&Z of the City of Aspen
Townsite.
ZONING: Moderate-Density Residential (R -6).
SITE DESCRIPTION: The proposed project is a variance from.the Residential Design
Standards to eliminate the floor a.rea penalty and an addition to an existing single-family
home on a 6,000 square foot R-6 lot located in the original townsite. The proposed
addition is approximately 400 square feet to be located above the garage on the rear of the
lot. The applicant has included elevations and floor plans of the proposed addition.
REVIEW STANDARDS AND STAFF EVALUATION: Pursuant to Section
26.222, in order to authorize a variance from the Resid.~lltial pe,sign Standards,
the Planning and Zoning Commission shall make,a.fin4ing that Standard 1 or
Standard 2 is met.
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In response to the review criteria for DRAC variance(s), staff makes the
following findings:
1. Review Criteria: Provide an appropriate design or pattern of
development considering the context in which the development is
proposed and the purpose of the particular standard. In evaluating the
context as it is used in the criteria, the reviewing board may consider the
relationship of the proposed development with adjacent structures, the
immediate neighborhood setting, or a broader vicinity as the board feels is
necessary to determine if the exception is warranted; or,
Response: The house is located in the R-6 zone district on two
original townsite lots. As shown in the photograph presented by the
applicant, the houses on the same side ofthe block as 310 W. Bleeker
are newer. Across the street there is one histQric house, a house
currently under construction as part of a historic landmark lot split
and several 1960s era buildings. The Residential Design Standards
are most relevant to this area of town and the st~ndard regarding the
"no window zone" was developed to address residences such as 310
W. Bleeker. Staff has not identified any unifying contextual theme or
characteristic that would set the stage for the design standard
variance.
2. Standard: Be clearly necessary for reasons of fairness related to
unusual site-specific constraints.
Response:
parcel.
There are no unusual site-specific constraints on this
STAFF RECOMMENDATION: Staff recommends that the Residential Design
Standard variance request to allow windows to span from nine (9) to twelve (12) feet
. above the first finished floor of the street facing fac;ade be denied.
RECOMMENDED MOTION (all motions in the affirmative): "I move to approve
Resolution No.~ Series of2004 granting a variance from Section 26.410.040(D~(a),
relating to window location on' the front fac;ade of the house finding thatthe review.:s .
standards in Section 26.4l0.020(C) have been met for 310 W. Bleeker Street.
ATT ACHMENTS:
Exhibit A -- Application
2
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LA~D USE CODE
ADDRESS OF PROPERTY: ~lO W, ~~
SCHEDULED PUBLIC HEARING DATE: .j(..t\.~ t" I r;;
, Aspen, CO
,200~
STATE OF COLORADO )
) ss.
County of Pitkin )
I, . J "O'i'\\JIJI('" D(l.I\(""iVl-+ov\ (name, please print)
being or representing an Appli~t 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:
C~ Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in theCity of Aspen at least fifteen (15)
days prior to the public hearing. Atopy of the publication is attached hereto.
L Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the 2~day of
~ ' 200~ to and including the date and time of the public
hearin1!. A photograph of the posted 'notice (sign) is attached hereto.
L Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi-governmental agency that
owns property within three hundred (300) feet ofthe property subject to the
development application. The names and,addr~sses 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.
L
(continued on next page)
1"4
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tJ/A 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 dments.
."-
The foregoing "Affidavit of Notice" was ac owl edged before e this I'::J day
of dUNe:: ,200::i,by Jfl NVer.. tJE~R)NtTOv1
WITNESS MY HAND AND OFFICIAL SEAL
MYCOmm~:
Notary Pub Ii
ATT ACHMENTS:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE O'W'NERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
"-
~~bA sit-v 101
OJ4l.)
PUBLIC NOTICE
RE: 310 W. BLEEKER STREET REQUEST FOR A 'RESIDENTl:AL" DESIGN
STANDARD VARIANCE
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 15,2004, at a
meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Aspen City Hall
Sister Cities Room, 130 S. Galena Street for a request to vary the Residential Design Standards for
310 W. Bleeker. The request is to exempt the existing residence from the floor area penalty for
windows that span between 9 and 12 feet on the first finished floor of the street facing fa9ade so
that an addition can be built on the rear of the house. For further information, contact Sarah Oates
at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970)
920-5441, saraho~ci.aspen.co.us.
SI Jasmine Tygre. Chair
Aspen Planning and Zoning Commission
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BRADLEY EDWARD W & JANIE G
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DOBBS JOHN C & SARA F
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KETTELKAMP GRETTA M
3408 MORRIS AVE
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MCANIFF RICHARD J
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BLEEKER STREET P ARTNERSII
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45 E LUPINE DR
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COOPER JOHN T
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M D W ENTERPRISES INC
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233 W BLEEKER
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130 S GALENA ST
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DEWOLF NICHOLAS
233 W BLEEKER ST
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FRIEDBERG BARRY S
134 E 71ST ST
NEW YORK, NY 10021-5011
JONES STEPHEN MARTIN TRUST IV
500 CAPITAL OF TEXAS HWY N
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MARION BRANDON L & ANGELA M
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MULKEY DAVID A & LAURA
2860 AUGUSTA DR
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TITUS JOHN & JOAN REV TRST
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SEALS JOHN R & CAROLYN
4410 MEDICAL DR #400
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STEVENS BRUCE 95.75%
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STILWELL REED & CLAIRE
191 UNIVERSITY BLVD tt714
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WEST PHILLIP N & SUSAN J
2114 MTCALVARYRD
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1-800-GO-AVERY (462-8379)
Dale and Sally Potvin
320 West Bleeker Street
Aspen, Colorado 81611
970 925 6096
Date: June 11~ 2004
To: Aspen Planning & Zoning
Re: Residential Design Standard Variances for 31 0 West Bleeker Street
We are the neighbors to the west of the above property. Our house is also
contemporary in design and as such has taller wiIldows on the south side
facing the view of Aspen Mountain. Although our house is not historic~ its
current design is over 20 years old. As we all know, there are many
contemporary designs through out the West End. From Herbert Byer to
Harry Teague, these houses often feature larger southerly windows to
capture the view. Windows of this height provide solar gain and can be
energy efficient. We do not feel they are out of character for the
neighborhood and are particularly in character on our block of the West End.
In addition~ the above property was built in 1989 and I believe that this was
before any penalty for glazing was a part of the land use code. It would
seem that this is justification for "grandfathering" this property with regards
to glazing. I would also mention that the glazing is not visible from Bleeker
Street~ as larger trees provide privacy and shelter the house year around.
As neighbors~ we have reviewed how the additional FAR would be used for
afI'art studio on the north side of the house. Although this may someday
frppact a potential expansion of our property, we feel the owners have every
right to develop their property as they see fit. We would support a variance
from your board
~
Dale Potvin and Sally Potvin
~
Sara.Oates
Community Dev. Dept
Aspen
" "":":d1~1{ A~f'trtJ
BUILDING DEPARtMENT
June 8, 2004
Re: 310 Bleeker Street request for a residential design review
. Sara,
It would be a good idea to present this letter to the public hearing commission on June 15th, 2004 just to
make clear the "natural grade".
To: The Aspen Planning and Zoning Commission
The existing house is on the "hill" and we are and will assume the grade is the leval part of the lot, or the
grade on Bleeker. Ifthe Alley grade is used it would be a false grade in that it was a fill-in roadway as is
Main St. we do have to make sure the historical grade in this area is maintained since all other properties
that have had to abide by this historical grade (Elisha House and The Log Cabin) would end up in a hole
created by a false artificial grading. It would be very tempting to infill this lot and build from the highest
grade located on the "hill" I hope if there is a question a site visit would be in order. It would be a monster
garage with an addition if it was a grade to the alley and we certainly would like it!!!
We will be out of town for the meeting but ifanyone has questions please call us on our cell 503-810-
2075.
Thank you, sincerely, Scott and Caroline McDonald
314 Main st., Aspen, Co
Sara Oates
Community Dev. Dept
Aspen
REceiVED
JUN 1 4 2004
Abl"'tlli
BUILDING DE,pARn.~ENT
June 8, 2004
Re: 310 Bleeker Street request for a residential design review
. Sara,
It would be a good idea to present this letter to the public hearing commission on June 15th, 2004 just to
make clear the "natural grade".
To: The Aspen Planning and Zoning Commission
The existing house is on the "hill" and we are and will assume the grade is the leval part of the lot, or the
grade on Bleeker. Ifthe Alley grade is used it would be a false grade in that it was a fill-in roadway as is
Main St. we do have to make sure the historic~l grade i~this, areais lllaintained since all other properties
that have had to abide by this historical grade (Elisha House.and The Log cabin) would end up in a hole
created by a false artificial grading. It would be very tempting to infillthislot al1d build frolll the highest
grade located on the "hill" I hope ifthere is a question a site visit would be in order. It would be a monster
garage with an addition if it was a grade to the alley and we certail1l~ ",,"()~ldli~ei~! '.!
We will be out of town for the meeting but if anyone has questions please call us on our cell' 503-810-
2075.
Thank you, sincerely, Scott and Caroline McDonald
314 Main st., Aspen, Co
~PR-16-2004 FRI 01 :25 PM
iA~
FAX NO.
f"'\
.~
P. 07/16
ApPLICANT;
ATTACHMENT 2 -LAND USE APPLICATION
Name:
Locati on:
Parcel In #
l~PRESEN'r A TIVE:
Name:
Address;
Phone #;
PROJECT:
Name:
Address:
Phone #:
TYPE OF ApPLICATJON: (please check all that apply):
0 Conditional USe 0 Conceptual PUD D Conceptual Historic Devt.
0 Special Review 0 Final 1'00 (& PUD Amendment) 0 Final Historic Development
~ Design Review Appeai 0 Conceptual SPA 0 Minor Historic Devt.
0 GMQS Allotment 0 Final SPA (& SPA Amendment) D Hi.storic Demolition
0 GMQS Exemption 0 Subdivision D Histone Designation
0 ESA - 8040 GreenHne, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion!
Mar.!,lfu., Hallam Lake Bluff, condominiumizatioil) Expansion
Mountain View :Plane
0 Lot Split 0 Tempornry Use 0 Other.
0 Lot Line Adiustment 0 TextfMap Amendment
R e c e i V e d Time A p r ' 1 5. 1: 34 P M
~
310 West Bleeker St.
Aspen, CO 81611
970.544.1711
970.948.3891
April 22, 2004
D IECEOVIE n
APR 2 6 2004 U
By this letter, we affirm that we are the Owners of the residence at 310
W. Bleeker Street in Aspen. We hereby authorize Janver Derrington
and/or any other members of the firm of CharlesCunniffe Arcl1itects to
represent our interests in connection with this application for a Public
Hearing regarding a requested variance form the City Land Use Code
regarding FAR calculations.
3
Planning and Zoning Commission
City of Aspen
130 South Galena Street
Aspen, CO 81611
Re: Blevins Residence
310 W. Bleeker Street
Aspen, CO 81611
Ladies and Gentlemen:
Q~)n.~
P~y~~ M. Blevins
A P R, 21. 2 004 11: 2 9 AM
.!:
.~
STEWART TITLE ASPEN
~
NO, 5762
P. 2
J
I ~
ALTA LOAN POLlCY
SCHEDULE A
f' [
Order Number: oOO~8825
Policy N{).; lHi702-23312b
Loan No.: 58-659'
Date ofPoIicy: January 15, 2002 at 10:33 ll.W.
Amount of Insurance: $ 1
1. Name of Insured.:
I '
AATION1IL CIn Y&OR:t'GAGJl: SERV:ICll:S co :r~s SUCCESSORS J>J:roIOR ASSIGNS
2. 1'he estate or interest in the land which is encumbered by the iI1!lured mortgage is:
FEE: S.IMPLJ!1
3_ 'ritle to the estate or interest in the land is vested in:
;;r. . ROJimt.D BLEVINS and PHY:LLJ:S llf. BLEV':tNS
4. The insured mortgage aod assignments tl)ereof. if any. are described as follows:
1 '
A Deed of Tru~t dat8d January 15, 2002, axecut~d by J. Ronald Blevin5 and
l?hyllh M. :a'-tlvin~1 to thl!l puhliCl ~ru&'t:8e of pH,kin County, to secure an
i.ndl!lbt:.edunss b:f VI. t in h.vor of N21:t:.:l..ona1 City l>iOrt.gagl!l Sarvic.IICo,
recorded January 15, 2002 a~'Reception No. 462B67.
5. The land referred to in this policy is described as f()llowS;
I
Lot~ P and Q, Block 43,
cITY AND TOWNSITE of ASPE~, a. ~hown on th~ Exe.pt~ons Plat5 racorded in ?L.~
Book 14 at Pa~1!I 2J,and in P1at Book 16 at paga 1.
cOUNTY OF PI~IN, S~ATE OF;COLQRADO
" I
4
lOE(P
Received Time Apr.21, 11:32AM
APR,21,200411:29AM
8T
TITLE ASPEN
.l .
NO, 5762
p, 3
Avr A LOAN POLICY
SCHEDULE B - Part I
Order Number: D002aS25
Policy NO.:M"97Q2-233126
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expemJes)
which arise by reason of:
1. Rights or claims o.f parties in possession, not shown by the public :records,
2. Easements, or claims of easements, not shown by the puhUe records.
3. Discrepancies, conflictS in boundary lines, shortage in area. ern.'I:oachments, and 3.I1y facts which a oorrect
sUI"'ley and inspootion of the premises would disclose and which are nqt shown by the public records.
4. Any lien, or right to a lien, for services, labor or material he.retofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Unpatented mining claims; reset\lations 01' ex.ceptions in patents, or an act authorizing the issuance thereof;
water rights claims or title to water.
6. ~axe5 and A~~e~..apts ~or the year'2002, no~ yet due and payable, and
8ub$~quent years and any ;pecial .5~es5~en~. no~ yet certified on the tax roll~
ot p~tkiD County.
7. Except.ions .:c.d rcservllt.ioJ:l,., .,.~s .,sct "f~rt:.b..lnt.h.. Ac:t. . li!l-uthorizing 'the.
i~.uaDce o~. the ~at.ent for the City and ~own~~te of Aspen i~ccrded M~rch 1,
1897 in ~ook 13~ at P.g. 216 a~ Reception Ko~ 60156.
8. ~erms, condition~, obligations and re*t.rictione ~s Set forth in Protect.ive
Covenant$ recorded Oecember 16, 1982 in Book 437 at Pa~e 397 as a.C.p~iOD No.
246381. .
9. Easo~eat., conditione and restrict.ions aa set forth on t.he ~ot. ap1it Map for
Lot.s Nand 0 and Lots P and Q, recorded in PLat Book 14 a~ Page 23.
10. !['erms, ccndi.t.io:D.S r obJ.igati.oil.s aDd J."..trieti.OJu~ as nt fOrt;.h ,i.n S-t:.atClllen-t:. of
!:xe.pticn from th" lull. s1ilidivision PreceSSI recorded Augus~ 26~ US3 in Book
450 a~ page 579 as aeception No. 252699.
11. !laselllent and right of way for purpo:oe of ma.iutai.n,i.ng a structure which :ill
located on the eas~ent, granted to C.X. Clar~ by deed r~corde~ ~pril 25,
1994 in Book '65 at ~age ~12 as Reception No. 259016.
12. Eueatll!lDi;, and l!I11c:roa.c::blllent of concrete wall on tQ thC, :s;ubjee~ lJropert.y
alb~g the easterly boun~aryli'Dl!I of Lot Q, as shown on ~he First Amendment to
the ci~y of A~pert, Block 43. Lots H-Q subdivision E~a~ption plat
recordad Apr:il 25, 19B4 in P~at Book 16 at Page 1 &5 ~.ception NO. 2S901~.
4
'2.. Or=-G:>
Received Time Apr,21. 11:32AM
A P R, 21. 2004 11: 29 AM
STEWART TITLE ASPEN
~ '
ALTA ENDORSEMENT FORM 11.1 (Bnvh'tlnmenltl P:role.c\ion
NO. 5762
P. 4
,
ENDORSEMENT ATfACHED TO AND MADE A PART
',. .OF POLICY OF TITLE INSURANCE
SERIAL NUMBER M-9702...23312 6 ISSUBD BY
S T E WART T I. TL E
GUARANTY COMPANY
HEREIN CALLED THE COMPANY
Order No.: 000.28825
. The insurance afforded by lhis endorsement is only effective if the land is used or is to be used primarily for
residential purposes.
The Company insures the insured .against loss Dr daIlUlge sustained by reasOI1 of taCk of priority of the lien of the
insured xndrtgage. over:
(a) my eD"iTOD~ent.al protection, lien. whic~ at the Date of FeUey, is recorded m lhosa publie records establisbed
under sra.m statl1tes at the Dale of Policy for the purpose of iltlpaning constructive notice of l1\.llt.ters relating to
rMI property to purchase11l for value and without knowledge, or filed in the records of the clerk of the United
States District Conrt for the district in whicbthe lo.nd. is located, except as scl: forth in Schedule B; or
(b) any ecvironmental pro~tion Hen provided for by any sl::i.1.e. stature in e:ff~t at the Date of Policy, except
. en"iro.o.menbtl protection liens provided for by the following state statutes:
.
I :
This endorsement is made.. part of the poliey and is I.lubjeot to all of the let'D]S and provisions tberccf lUld of any
prior endo:rsements thereto. Except to the extent expressly stated, it neither modifies anY of the te;rmS and provision& of
the polic)' and li.D.)' prior endorsements, nor does it extend the effective c.b!.te of the pOlii;y and any prior endo~ements, DOl'
does it increase the face amount thereof.
Signed under seal for the Company, but this endotSelDflnt is to be valid only when it bears aJ). authorized counter-
si,gnliture.
STEWART TITLE
~~~Y ~,~",. ....... ~~"" .
. ' president.
C~terslgro!!d:
STEWART TITLE OF ASPEN, INC.
^!l~nl ID j'06t>llA
S~nal No. E:.- 9930-0001S44S3
,1
1
4
~ C)F~
Received Time Apr.21. 11:32AM
APR. 21. 2004 11: 29 AM
STEWART TITLE ASPEN
1*\
,:. . ,.01
NO. 5762
P. 5
ilI'. .
ENDORSBhmNT roRM 100 ca=. 5195)
ENDORSEMENT A'ITAd1ED TOANP.}4ADE A PART
OF POllCY OF TITLE. INStT.RAN'CE
SERIAL NUMBER M-9702-233J,26 ISSUED BY
STEWART TITLE
GUARANTY COMPANY
HEREIN CAllED THE COMPANY
Order No_: 00028825
Th~ Comp~ny hereby insu~ against len which s~id IT\.!tuted shall 5USlll.in by rt:uon of any of the ~oUowing mal1en;:
1. Any inoom:clncu in the USlitl.l1ee which !he CQmpany hereby gives:
(a) Th..t Lhere are nCl covcl'Ill.nLI, conditions I or r::5trienonll undcr which the li:m of the mo~..gc or Deed of Tnnt rcfc~ to
in SebeLlulc A olJ.n be cut off, llubordinal.ocl. or otherwi5c impai.rc:d;
(b) 111M, e)(.eept all llm,wn in Sch<:dulc B, thqc are no pI1:i1e.nt violnLions on &IiU:l land of any enforc=blc covenants,
conditiolls, or rc9ttiotionsj "
(c) That, except lIS shown in Schedule a, there Jlre no encroachments of buildings, structures, or improvements located on
51lid 11IId, onlo IlrlJoinin& IaTld~, nonny encrolGh:nents onlo laid lAnd of buildings, structurel/, or improVCUJCIlIs located
on adjQining lands. '
2. Da.mage to existing improvements which ~ lo~ or encroach upol1lhat poJtion of the IatJd subject to any 9semcnt
&bown in Sohedulc B. which t1am~e resulLs from the c;l;ercisc of the right to use or mainuin such C31lement for the purpoSC:J
for which the; aarl'le Wall gt'll.ntcd or rc:.t~rved;
~. Any final court order or judgment n:quiring removi.l frorrl 'Jny land adjoining !aid land of any encroachment ilKlwn in
SClhcd~lo B, ; l,
Whencver in this CIldOfScmcnt any or &11 oftlie wonh' .covemmts, conditions or restrictions" appca.r. they shall nDt b~
deemed to refer to or include the terms., covenanl.sand condition~ contained in lU'ly lease re.femxl to in Schedule A.
For pUJ.'llOSe!l DfIh", endorsement, the words "covenantS,. "conditions. 01' "rcstrlctionB" !:hall not be deemed to r::fcr to M
include ll.ny ~"enlnts, conditions or l'ClIrrict.lons relating to environmental proteotion, c;r;.ccpL 1.0 the ~t that IJ. notice of II.
violation or iUeg~ violation l>ffccling the iand has Q=n recorded )nthe public rcocm:ls at Date of Policy and it; not excepted in
Schedule B. . .
This cndo11lcment is made 11. part MUle policy and is :lUbjeet to aU of the tcrml.l and l'rovisiont Lhereof and of IlI1Y pricr
endtJTllClllClnts tnercto. Exoept to !he extent e;tpI'CIllsly &bLted, it ncithci" modifies liDY of the tl!:rnIs IIlIId proviaicrn1i llf1hc policy
and my prior endoI'SCmcnl.ti, nor does it extend the effective dllte of the pouey ll.nd any prior enrlorsemcnt5, p.or docli it
in6le1sl:> the race amount thereof. -
Signed under sc:a.! for the Cornpll.ny, but this endorsement is to be ...lid only when it b= an authorized counter~ignat\l'('C_
STEW AR T TITLE
Gtl~~_ ~ !~
presideot '
CDuntBl"slgne(!:
STE.Wh1tTT ~OF ASPEN, INC.
A~e:lllD 8050lIA
S~riol No. B- ZI73,.&93a2
4
4c>~
Received Time ,4pr,21. 11:32AM
APR. 21. 2004 11: 2 9 AM
.
STEWART TITLE ASPEN
~~
ENDORSEMEl'.'T FORM 110.1 (Re\'.5195) l.
NO. 5762
p, 6
ENDORSEMENT ATTACHE!> Tel AND MADE APART
OF POLICY OF TITLE INSUltANCB
SERIAL NUMBER M- 9702-233l2fi ISSUED BY
STEW AR T .TITLE-
GUARANTY COMPANY
HER.E:IN CALLED 'T'.6E COMPANY
Order No.: 00D28825
Said Policy is hereby amended by deleting paragraphs 1 through 4, . inclusive, of Schedule B.
This endorsc:ment is made a part of rhe policy and is 5Ubject to aU of the terms .and provisions thereof and of
any prior endOI6eInents thereto. Except to the ~lent expressly staled. it neither modifies any of the tenIIS and
pro\lisiol1S of the policy and any prior endon;ements, nor does It extend tbe effective tla.te of the policy and an.y
prior e.odorsements, nor does it increase the face amoynt thereof.
Signed under'seal for the Cooo.pany, but this endorsement is to be valid only when it bean; an
authorized countersignature. L
STEWART TITLE
Gtl~~'ANY .~~ g~
P reS fdQnt .
S~rial No- p,. 9&51-119890
4
S' o1Z=cP
Received Time Apr.21, 11 :32AM
'MAY, 5,2004 2:21PM
STEWART TITLE ASPEN
~
..
NO,6316
ENDORSEMENT
ATTACHED TO AND MADE A PART OF:POLICY OF TITLE I:NS1JR.ANCE
SElU.4.L :NUMBER M-9702-233126
STEWART TITLE
GUARANTY COMPANY
HEREIN CALLED THE COMPANY
Order NUl11ber; 00028825
The effective date of said policy is hereby changed from January 15,2002 at 10:33 a.m. to May 5,2004 at 7:30 a-Ill..
p, 3
Charge 1
This endorsement is made a pOlrt of the policy and is subject to all of '[he terms and provisions thereof !lnd of a:ny prior endorsements
thereto. Except to the extent e'ltpressly stated, it neithe:r modifies any of the tenns and provisions of the policy and any prior
endorsements, nor does it t::xtend the effective date of the policy and any prior endorsements, nOr does it increase the face amount
thereof
Signed under seal for tl1e Company, but this endorsement is to be:: valid only when it bears an authorized countersignature.
STEWART TITLE
GUARANTY COMPANY
~~ 'if_
-/- ~ ~""'C"'r~..
~~..,. ...... ""i.~
t~/ (,.~J.'D''''''''''\.'-\
{f'i~ -*- ~~..c
~~\ 19011 /:;:
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~dd,d~~
~
Authorized Countersignature
SteWart Title of Aspen, Inc.
620 Ea..<;l Hopkins A venue
Aspen. CO 81611
(970) 925-3577
Serial No. E-2148- 2331'26
~~TLO FLorrodl Re c e ('Ve d "T 1 m ~3M a Y. 5. 2 : 24 P M
.'-U." A - en er
4
'<2> OF~
fiPFP, P r ' 22, 200 4[ 1: 21 P M~M C h a~ C un n iff eAr chi tee t NO,
./
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
A~recrnent fnr Pnvmont of CJtv or Almcn Dav!!o't11l1ent Anrllcnllo.n 'Fo~
CITY OF ASPEN (hc:minll~r ClTY) fWd ~l1~ EM.d ~ I ~ M 16/e:v;""
(hereinafter APN.JCANT) AGREE AS FOLLOWS:
2. APPLIC.AN1' undel'stllndjj and agrC\lQ that City of Aspen Ordlnnnce No. 57 (So.l'ies of
2000) i!ij14lblishes :! fee strL.\;tJ.U-C for L.:l.nd Ullt: appliClltions and the pllyme1lL of 1111 proc(:ssing ter.;~ isa.
condition ptlloodem to a detel'm1no.t1t.m ofllpplic::1(ion compJ~tcn/:lss, '
j, APPLrCANT l:1l\d CITY ~s!'ee thnt-bccauso ot tho s12:.e, iiJ3.Lure or scope of the proposed
proJl!ot. It is not possIble tit this time to asoel'tnm lh~ tun extent of the eOllU involved in pro(:C.i's'hlS tb.t:
llpplicll.t[on. AP~t,rCAN'r :and CITY !L\I:r.hcr ll[,ll-ee rh:!.t it is ill rht: inUlr~8t ot tht.l poll.rtle!l tha.t AI' .l'UCAN't
Inakc payment of un initial depollit llnd to thereafter pe.rm[t additional costs to be !:linod to APPLICANT 011
n .tl::lOnthly basis. 'AP?r..rcAN't agl'(jtJ!l lldditiQflll.l coats may aCtfJ..l= following t1lelr he::nings and/or
approvll.~. APPLicANT agi'ecll h~' 'Will be benefited by '1'l.'l[>>ining grellll:r cash liquidity and win nlkUctl
adclJtIonal ptlYL'Ilemll UpOn notlf!o!l.tlOt1 by the CI'fV when thoy lire necessary ELS costs t!.TeI mcl.t.rtud. cn'y
~eell it will bo bCI'1Qfitlild through tblll gZ'elltuT certainty of' I retovering lts full costs to prooess
APPLICANT'S application.
4. CITY llnd APPLTCANT turrhl!r ~ee thD.t it is fm.l'rNotiC:llble for CITY Stan' to conlplotu
prClc~"i~ or present sufficIent information to the PIllMll1,g CQm.mlssion nnd/or City CQ\meil to el.'lablc the
Plllnning COmnw,s101l, II.nd/or Oily CQuncll t(l mll.ke le,{lalL1 required fmdings for project consideratIon,
U11leill Ollrr,(J11 t 1.>ill1ngll 2I'1,l paid In full priol' to decisiun,
S, Thel'~orc. APPLICAN'l' agrees tltat in considerEltlon of the CITY"&'waivor I;>f its tigh~ to
t':ol!\!lct full [el::l ~r:jor to n detut'lTlinnt!ol1 of l1l'plicatlon eompletene.sll, APPLICA'1\>'T ~hnl1 po.y an lniLilll
d.cpMit in the amount of $ I t ~1Q.: wh.ich is lor... ~, D . houl'S of CQfl'UlUlnily D~velopn1enr l:rs.ft
rim!:, c.na [f llCtutiU ;rOQorded cost!! G~cl)llld tho inJtinl deposit. APPLlCANT $hall pay additlonn1 mot)thly
hIllillgll to CITY to r~mbtlt'Se the CITY for the prt)(l!!ll~in~ tJ[ thllllpplicl'lHon mentlo,n\ld above. l1'1Oluding
post approv~l rovlew Il.t II me of$20S.0C) 'Per pltmnur hour over!ho il'\jtl~l depomt, Such periodic payment~
&hnU be :rno.dG within :30 days of the billinlt clate. APflUCAN'l' ILlrthor ~grecll tl1at failurl!l to pay ~uch
D.ccl'ued C05~ sh::all be Sl"uunds fhi 'suspen.'lion of proQ~s9iQg, l\o.d. in no case wlll bui1din~ p~rmitlJ be it:sucd
until :l.1I costs lal:llociilted with case processing nllv= beel1 paid_
By:
Jl.llfll Ann Woods'
CommUt!Hy Developmllnt Director'
.a,y:
~k ~ z V l'!ot ...{;~
Bil[in~ Address and 'T~lophono Number: 7'"
~' .
.J/lJ 0 W. BlCl.a..u.r S-t.-.t..ef
~/Cco ellDlI -
(9:1D)S44--l711 '
.~~ml'E~~
CITY OR ASPEN
g:\support\fo rm:>'\ll.grpaYl.Il!.d oc
6/05/03
Received TillIe Apr.1S. 1:S4PM
~
Q
o
~~~::.,.~:,-~ ,",
1/2
~~':"'''''''';''
Scale in ,7111es
Not all roads may be. shown or named on map
or listed in street guide. Some roads ,!,11J be
private, propdsed, or'under const:ructtOn.
Maps by Chicago CartoGraphies
"'-.
'\.1<'.
,~
"&.;."
Vo..,
~\-
~
"-iVhite €liver
National
Forest
~Jl,
""''''''''''''11
:J'l~~~
MAP KEY
AK Art Pkwy
AP Alpine Ct
BL Brown Ln
CW Cottonwood Ln
ce Cowenhoven Ct
FS Francis St
HR Harold Ross et
KW Kathryns Way
LS Luke Short Ct
Me Mayflower Ct
MT Miners Trail Rd
RR Robinson Rd
SG Smuggler Grove Rd
WC Williams Ranch Ct
WD Walker Rd
WR Williams Ranch Dr
\
White River
NaTional
Farest
.'::/
. ':=./"
",\.f
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C':)~j-, .;~~
!k~~~is'
c _,..,.::].::;~ ____..
Aspen
6
\.,~
" <., .
~.- APR-16-2004 FRI 01 :24 PM
PLANNER:
PROJECT:
REPRESENT A 1'1 VE:
OVv'N.ER:
TYPB or J\PPLIC;\ TfON:
DESCRIPTION:
~
FIt',' :.)~
FAX NO,
p, 02/16
CITY OF ASPEN
PRE-APPLlCA TION CONFERENCE SUMMARY
Ja!1)C!S Lindt., 920.5095 DATE: 4/16/04
3iO W. Blocker
Janver Denington, Chal'lcS' CUl1nirrc Archii.ccts
Ron Bleyins
Resldcntinl Design Stflndards Variance
Tho rcsidence at 310 W. Blecker was built in J 988 ill1d has windows helwc;en C) (wd 12 feet
~bove grade on the 5lrcet 11lcing far;:ade. The current land use code hll1!:,'1.IJ.gc only nllows
wiridows beLween 9 and ] 2 f(!et above grade 011 the Slrcot facing fayadc of II residence if ])
the residence rcceives :'l variance from 111c residential design standflrds or 2) the floor area' in
the rOOms thai contar'n the windows will count twice tow,lrds 1lle alJownble rAR of tho
properly,
The perspective flppIicallt would like! to request a variance from the residential design
standards so thot the 'rooms that contain the windows b0lweCll 9 and J 2 feet above grade at
310 W. Bleekc(' will noi COllnt twice towards FAR, nllowing lhcm 1.0 have some ll1ltrscd
FAR 10 con'struct a studio.
Litlld Use Code Section{s) .
26.410.040 Residential Design Standards
Review by:
Public H~aril1g:
l>lann;ng Fees:
Total Deposit:
E;lrlfffor complete application, Planning and Zoning Conml'ission for detel'(llination 011 variancu
request.
Yes, at P & Z.
PI<'1llning Deposit $ 1 ,310
$1,.310 for 6 hI'S. of ~t...lff timl! ( $220 per .1ddition<lllIOur of staff 1inl(~ lIsed)
To apply, submit the following information:
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
J,j "
-2:.
City ~fAspc,n Land Use Application f.orm.
TOla f Deposit for review of npplicatiQn.
App{icnnt's nafnC~ address ,wd telephone I1lJinbor, contAined within a letter signed by ihe applicant stnting the
name, f1ddres.", imd tele;)llOne number of the represenl<llive authorized to <lcl on behB I [ of the applicant. Street
address and legal d~scription oftlle parcel on which development is pl'Oposcd to occur, consisting of l] current
ceriitt:cn1c fl'On) n ti[le inflLlntnce company, Of a Ltorney licensed 1'0 practice inthe State of Colorado, listing the
names of all OWners ofthc property, and all1\lMtgagcs, judgments, liens. 0a$emenis, contracts and flgrecmcnt's
affecting the parcel, and demonstn'l1ing the owner's right to apply for 1h0 Development Application.
Totnl deposit lor review of the application.
Si(rned Fcu Atrree;ncnt
00. .
An 8 [/2" by 1 J" vicinity llH'tp locntitlg the pm-ce.I ",rithin the City of Aspen.
Pre-application Confercnce SUD1111flry. .
A sile improvcnlont survey [hat includes all cx.is[ing El.lldproP0sod natural i'lnd man-m3de site feature.').
^ detajled site pl<:111 and elevations of rhe exis(ing and proposed .development.
!\ written description ofi.be proposal a!1e!-a Wl:jttcn explanaliol1 of how a proposed devcIoprnemcomplics with tl1C .
npplicablc residential design iltfll1dard VflrlanCe ['eyiew criteria.
^ copy oft!io' recorded document.., r!wt affect the proposed development.
Proof of ownershfp. 7
List of DdjacClnt property owncrs within 300' for public heating. The GIS depsriment can provide Ihis fist 011 _ .
m<iiling labeis for a s1tl(jil fee. 9?O.5453 .
).~ Cop res 0[1he complete application racket (items 5-/3). 1 Of::'Z....
1.
2.
J.
p'prp i vc,1 I; mil ~nr. Iii, l' I{A~'i,A
!.' 81\-16-2004 FRI 01: 24 PM
15. ^ppJications shaH be provided in pnper formal (llLlmbel' of copies noted <.lbove) as well as the text only 011 either
of1he following digit3\ f0[)11<ltS. Compact Disk (CD)-prcfelTcu, Zip Dis,k or Floppy Disk. Microsoft Word
format is pr'cfcrred. Tc)..:t format easily convertible 10 Word is accoplabJe.
I'rocc~~:
Apply. C~l~C Planner reviews application for completeness. Case Planner subscquemly Lakes the applic<:)(-joll to lhe w~oldy staff
meeting to es.tablish a s(.aff recommendation. Public hearing dates are then assigned by the Deputy Director of Commtll1ity
Development in cOlls\rltntion with the Case Planner. ^ noticed public hearing is then held before the Pbllllln,g and Zoning
Commission TO ma.ke a fiIla] deterlliinntioll on the variance I'cqu~st.
Disclaimer:
TIIl:- f'c1regoing :;t)mmary rs Cldvlsory in nature only and is not hinding On the City. The !'1Llmmary is baseJ em Cllrrent zoning, which is
sl1bjc.ct to chang(; in the future. and upon factmll reprcsQnt<ltion.~ that mayor may not be accurate. 'The summary docs not creute a
kgn! 01' ve,.,!ed right
7
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r; e eel V e Q I I !!i e ,". P r ' I D . , '" ': I YI
.'~II CHARLES CUNN[FFAcH'fEe~
~~
ARCHITECTURE
PLANNING
INTERIORS
Charles L. Cunnltte, AlA
Principal
Janver C. Derrington, AlA
Principal
May 3,2004
Planning and Zoning Commission
City of Aspen
130 S. Galena Street
Aspen, CO 81611
Re: Blevins Residence
310 W. Bleeker Street
Aspen, CO 81611
Ladies and Gentlemen:
The existing residence, built in 1988, has a two-story glass facade in their living
room facing south toward. Bleeker Street. The Aspen Residential Design
Standards, enacted in August 1999, provides that interior spaces that have
fac;ade penetrations (windows) between 9 feet and 12 feet above ground floor
level must be counted as twice the floor area for FAR purposes.
This results in a penalty of about 496 sq. ft. and puts this residence over the
allowable FAR of 3,240 sq. ft. by about 96 sq. ft. thus laving no available area for
expansion. Without this penalty, the existing FAR would be about 2, 819 sq. ft.,
which would allow about 421 sq. ft. to be added to the residence. The Applicant
wishes to add .an artist's studio above the garage to the rear (north) end of the
property, facing the alley.
In order to make this feasible, we respectfully request that a variance be granted
by the Planning and Zoning Coml1lissioh to. exempt this residence from the
Windows definition in the Residential Design Standards; Section 26.58.040.d.3.a,
and the Volume definition for Floor Area Calculations: Section 26.575.020.A.5 of
the Aspen Land Use Code.
In addition to the fact that this residence was built about eleven (11) years before
this code language was adopted, it is well screened from the street by a mature
stand of evergreen trees, making the living room windows very difficult to see
without close inspection. The proposed addition will not be visible fror;n" the street
and will be well within the required height and setback requirements for the R-6
Zone.
610 EAST HYMAN AVE
ASPEN
ASPEN, CO 81611 970:915.5590 fax: 970.925.5076 [nfo(giCunniffe:com
· STEAMBOAT · TELLURIDE ·
8
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www.Cunnfffe:Com
VAIL
May 3, 2'004
Planning and Zoning Commissloh - City of Aspen
Page 2
You will find photos enclosed of the streetscape and afley facades as wefl as a
conceptual sketch of the proposed studio, in addition to the documentation
required in the Pre-Application Conference Summary.
Thank you in advance for your cooperation in this matter.
~ -
Attachments:
1. City of Aspen Land Use Application Form
2. Total Deposit for review of application
3. Letter of Authorization for Representation
4. Title insurance/Proof of Ownership of subject property (6 pages)
5. Signed Fee Agreement
6. Vicinity Map locating the property in Aspen
7. Pre-Application Conference Summary
8. Written description of the Proposal
9.._ Site Improvement Survey
10. Streetscape photo
11. Alley photo of subject property
12. Floor plan of existing house and proposed studio addition (2 pages)
13. Elevations and Sketch perspective Of proposed studio addition
14. List of adjacent property owners within 300 feet (2 pages)
15. Ten copies of complete application packet (Items 6-14)
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
. ::::::::::R:~~JT?6>~m~.k-:QV ,.A::::,CO
STATE OF COLORADO )
) SS.
County of Pitkin )
I, ,,~ ~ U.A \?--S 1-1 (0 J I- (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 Lapg,u fie ,~9~e il1"t!?:~J9119~P-g manner:"
"4;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 tl}e public hearing. A copy of the publication is attached hereto,
".,P~sTin~'ofnqtice: By posting of notice, which form was obtained froii -the
!t/,?~$~~tt!?~y.e.loprp.-ell: I?~E~i11~nt, which was made of suit~ble, .)
it" ': waterproofm~t~pals, whIch was not less than twenty-two(22) Inches Wide
t"i ,: and twenty-six (26) inches high, andwhich was composed ofletters not
. C'~~. less than one incfl in height. Said notice was posted at least fifteen (15) days
". prior to the public hearing and was continuously visible from the _ day of
, 200~, to and including the date and time of the public
h~~~l1&' A photo graph of the posted notice (sign) is attach~~.~.e~~\o.
Mailing of notice. By the mailing of a notice obtained from the coibnunity
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 lllaileci by first class postage
prepaid U.S, mail to any federal agency, state, county, municipal government,
school, service district or other governmental6tquasi...governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application, The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing, A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
(
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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 ofthis 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
sufficientlegal description of, and the notice to and listing ()fiiamesa.ri.d .
addresses of owners of real property in the area of the proposed change shall
be waived, However, the proposed zoning map hasbeen avaIlable for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments,
The foregoing "Affidavit of Notice" was acknowledged bef{>re ~ day
of0'U'~ ,200=t,by ~~ /---.1 - ,
REQUEST. FOR A
\\\,: . .:. .. ARD vARIANCE "
R&Sll)ENTIAL DESIGN that a public hearIng
\{s91!Sg~1.s1''''~~R.~~~s e 15; 2004, at a meet.
'~ih be "e u O;t 4:30 p, efore th" ~pen PI,:n~
in Commission; Aspen.Clty.Hall SIS
g 130 S Galena Street for a request
om, : . S d ds lor 310
""~ll"~mlie Residential ~esign tan lathe exisling
. The .request 1~}~u~':11lP 1 - for win~
,._v_,--..., the floor area pena ty _ .
!.I?ri betweeri9 andl2lectonthe hrst;.,
.sg: 01 the street lacing facade so that
.0 an be built on the rear of the house, t .
"ef'iriforrriaJion~ contact ,~~rah Oate~D~:'
of A spc n. com. ...m......il..~n.....it. Y....D ev...~ .1..00 p.Cm.9.7.e..b...).t9.2....0.
t, 130 S,. Galena St,,' pen, .
ahO@qi.<lSl?en.co,us. Jasmine Tygre,'Chair
g a~ a Zoning Commission'
T es on May 29, 2004.
WITNESS MY HAND AND OFFICIAL SEAL
,
My commission expires: Lf /;;;J.....3/:J=:tr
ATTACHMENTS:
',';';;0;;;""",,'::.";';':'- c,;,:;._~-;;"";:i~~,:;c..'.,,';;;;.:._
COPY OF THE PUBLICATION
PHOTOGRAPHOF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYMAIL
(,
LETTER OF TRANSMITT N1I"'.......,
~II
~~
CHARLES CU N N I FFE ARCH ITECTS
610 E. HYMAN AVENUE, ASPEN, CO 81611
970/925-5590
970/920-4557 FAX
ARCHITECTURE
PLANNING
INTERIORS
TO:
Sarah Oates
City of Aspen Building-Planning-Zoning Dept.
DA TE:OS/13/04
ADDRESS:
130 S, Galena
Aspen, Co 81611
PROJECT:0415 Blevins
REGARDING: Supplemental drawings
WE ARE SENDING YOU:
o Attached
Via
Drop off
the following items:
o Shop drawings
o Prints
o Originals
o Computer Disc(s) 0 Samples
o Specifications
o Copy of Letter
o Change order
o
DESCRIPTION:
THESE ARE TRANSMITTED as checked below:
xD For approval 0 Approved as submitted
o Resubmit
copies for approval
o For your use
o Approved as noted
o Submit
copies for distribution
o As requested
o Returned for corrections
o Return
corrected prints
o For review & comment
o Prints returned after loan to us
o
REMARKS:
Sarah,
Enclosed are the additional drawings you requested.
-South elevation
-Building footprint- in setback
Also, I have a few questions regarding the application; -could you please call me at' your earliest convenience.
Regards
Adam Casias
adamc@cunniffe,com
CC;jd
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212 N SECO:N""D ST LLC
C/O RlCH.LlliD CORBETT
2202 N :V"\iEST S:HORE BLVD STE 11 0
TjuYfPA, FL 33607-5749
BE:NNLNGHOFFESTHER
233 W H..A..LLi\!.y'[ A VB
ASPEN, CO 81611
BRADLEY EDWARD W & JANIE G
3006 S HUGHES
AMARILLO, TX 79109
CONNOR F HAYDEN
10DEXTERST
DENVER, Co. 80220-5652
DOBBS JOHN C & SARA F
PO BOX 241750
MEMPHIS, TN 38124
HAAS JUDY
PO BOX 330
ASPEN, CO 81612
KETTELKA\1P GRETTA M
3408 MOmS AVE
PUEBLO, CO 81008,
MCANIFF RICHARD J
C/O CORNERSTaNE ADVISaRS
10885 NE 4TH ST STE 1400
BELLEY1JE, WA 98004-5579
NATHAN REVOCABLE TRUST
718NLINDENDR
BEVERLY HILLS, CA 90210
RICHTER Sk\1
7874i".FTaNv1LLA CT
BOCA R.-'\TON, FL 33433
Jam Free Printing
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ASPEN RETINA Su"RGEONS LLC
5014 \VOODHlj"RST LN
rvlG"1\-:ETal\"KA, I\1N", 55345
BLEEKERSTREETPARTN~Rsrr
PO BOX 8837
ASPEN, Co. 81612
CARJNTHIA CORP
45 E LUPINE DR
ASPEN, Co. 81611
caaPER JOHN T
POBOX 1747
SPRINGFIELD, Ma 65802
FISCHER SISTIE
442 W BLEEKER
ASPEN, Co. 81611
JANSS MARY TRUST
403 W HALLAM
ASPEN, Co. 81611
M D W ENTERPRISES mc
COLORADO CORPORA naN
233 WBLEEKER
ASPEN, Co. 81611
MCDaNALD FAMILY TRUST
320 W MAIN ST
ASPEN, Co. 81611
paTVIN SALLY ALLEN
320 W BLEEKEKST
ASPEN, Co. 81611
RlSCaR INC
2651 N H..A.R\VOOD ST #335
DAtlAS,rx 752bl~B76
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BARKER JACK 1/2 INT
PO BOX 7943
ASPEN, Co. 81612
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BSEVIN.-,'~Q>-ALD & P~~!~ M
20.)20 FAgS.YlA::Z.Oi:.KS DR it;));)
BaCA :R.A'TON, F:Dd3434
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CITY OF ASPEN
13 0 S GALENA ST
ASPEN, Co. 81611
DEWOLF NICHaLAS
233 W BLEEKER ST
ASPEN, Co. 81611
FRIEDBERG BARRY S
134 E 71ST ST
NEW YORK, NY 10021-5011
JONES STEPHEN MARTIN TRUST IV
500 CAPITAL OF TEXAS HWYN
BLD 6 STE 125
AUSTIN, TX 78746
MARIaN BRANDON L &ANGELAM
, PO BOX 8837
ASPEN, co. 81612
MULKEY DAVID A & LAURA
2860 AUGUSTA DR
LAS VEGAS, l\TV 89109
RENATE UHLThTVESTMENTS LLC50%
c/o. A-N"TON JO,sEPHTJ13:L
2455 ENlMARD
,BASALT, co. 81621
RISpaLI PETER
323 W H..tU,LA\1 ST
ASPEN, CO 81611
14
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SAUNDERS :rv.L.ARG.i\.RET W
231 ENCmO AVE
SA.!.'-J A.!.'-JTON10, TX 74609
S:rv.L.ART P N\.1ELA
1040 W CONwAY DR
ATLANTA, GA 30305
TITUS JOHN & JOAN REV TRST
3025BRYNMAINR
DALLAS, TX 75225
Jam Free Printing
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SEALS JOHN R & CAROLYN
4410 MEDICAL DR #400
SA..'-J ANTOI:\lO, TX 78229
SEv"EN SEAS ThvEST:NffiNT LLC
1017 ELlv[VmOD AVE
WllJylETTE, IL 60091
STEVENS BRUCE 95.75%
214 WBLEEKERST
ASPEN, CO 81611
STIL vVELL REED & CLAIRE
191 UN1VERSITY BLVD #714
DE1\TVER, CO 80206
WEST PHILLIP N & SUSAN J
2114 MT CALVARY RD
SANTABARBARA, CA 93105
"WHYTE RUTH
PO BOX 774787
STEA.J.\1BOAT SPRINGS, CO 80477-4787
14
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H
PUBLIC NOTICE
RE: 310 W. BLEEKER STREET REQUEST FOR A RltSIDENtIAL ..... DESIGN
STANDARD VARIANCE
NOTICE IS HEREBY GIVEN that a public hearing will be held on 'Tuesday, Jlll1e 15,2004, ata
meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Aspen City Hall
Sister Cities Room, 130 S, Galena Street for a request to vary the Residential Design Standards for
310 W. Bleeker. The request is to exempt the existing residence from the floor area penalty for
windows that span between 9 and 12 feet on the first finished floor of the street facing fayade so
that an addition can be built on the rear of the house. For further information, contact Sarah Oates
at the City of Aspen Community Development Department, 130S.Galena St., Aspen, CO(910)
920-5441, saraho@ci,aspen.co.us.
Sf Jasmine TV2:re. Chair
Aspen Planning and Zoning Commission
--------~~---------------------------
n