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Home My WebLink AboutLand Use Case.210 Sesame St.0011-2004.ASLU City of Asperlt.cmmunity Development Dept. CAS!! NLlJIIBER 0011.2W', ..:>LU PARCEL 10 NUMBER -07-4-20-002 PROJECT ADDP 210 SESAME ST PLANNER. SARAH OATES CAS /j~RIPTION 8040 GREENLINE , / ~ ,{ESENT A TIVE WILLIAM POLLOCK 544-9041 DATE OF FINAL ACTION 10/8/2004 CLOSED BY Denise Driscoll " Cl Perm!\<; ,~~(n &xl Fie Edit _ __ Form Report, Tab Help . I!fl J ~1" . I4i.1 I .:~j~~~g1i~l'H--lmT~l- 1: Routing!!"''''' I 1:- 1 SLl>fennil. I ~........ I P\4lleeon.-i I' 0 M.... I RoytOlg Statu, I "eM", POlcejt I Cus""" FjeIds I F... I Fee Summa. I Actions I Pemitlypelaolu ..JAspen Lond Use 2004 PeJlnUIOOll.2004ASW . @V Addl...1210 SESAME 51 iJ AptIS\ite1 B City IASPEN s'atelCil3 Zip 181611 iJ 181 M "".. Penn! p'ojeclr-- De,Cliption 8040 GAEENUNE .,,1 1fj AoutingQUetJ8I"~ 5t""" lpeocino Applied 103101120041 AppIoved l=ed F...e1 E"",.. 10212412005 :J on fi1/ IJ (!) ,; [!) 5<bnittedjwtLLIAM POLLOCK 5<<.9041 r- Vi$ib1e on the web? Clock IR...~", O...ro PermitlD: 1 30288 0_ Le~ N.... [DEGAAEVE Phone i7 Owner lsApplicant? iJ Fo.t N.... iAtAtN 186WAIGHTS AD SPEN CO 81811 Le~ N....IOEGAAEVE Phone :J F... N....IAlAIN Cust " 120982 f ...J 11l6WRIGHT5 AD PEN CO 81611 ~ntei'the.Pemlit'cuslomel"~ DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific . development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Alain Degraeve. 200 Sesame Street. Aspen. CO. 81611 (970) 948-2620 Property Owner's Name, Mailing Address and telephone number Aspen Electrict Subdivision. Lot 2. 210 Sesame Street. Aspen. CO 81611 Legal Description and Street Address of Subject Property 8040 Greenline Review and Special Review to Vary ADU Design Standards Written Description of tile Site Specific Plan and/or Attachment Describing Plan Resolution II of2004 of the Asoen Planning and Zoning Commission. Aooroved Mav 4, 2004 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Mav 27.2004 Effective Date of Development Order (Same as date of publication of notice of approvaL) May 27. 2007 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 24th day of May 2004, by the City of Aspen Community Development Direc Woods, Community Development Director Julie PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public ofthe approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 210 Sesame Street, Aspen Electric Subdivision, Lot 2 Aspen, CO 81611, the City of Aspen Planning and Zoning Commission via Resolution II of 2004. For further information contact Julie Ann Woods, at the AspenlPitkin Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090. s/City of Aspen Publish in The Aspen Times on May 27,2004 ~- "-" RESOLUTION OP-rt1E ASPEN PLANNING AND ZONING COMMISSION APPROVING AN 8040 GREENLlNE REVIEW AND SPECIAL REVIEW TO VARY THE ACCESSORY DWELLING UNIT (ADU) DESIGN STANDARDS FOR 210 SESAME STREET, LOT 2, ASPEN ELECTRIC SUBDIVISION, CITY OF ASPEN. Parcel No. 2737-074-20-002 Resolution #04-11 WHEREAS, the Community Development Department received an application from Alain Degraeve, owner, for an 8040 Greenline Review and Special Review to vary Accessory Dwelling Unit (ADU) design standards for the construction of a single-family residence at 210 Sesame Street, Lot 2, Aspen Electric Subdivision; and, WHEREAS, pursuant to Section 26.435 of the City of Aspen Land Use Code, after a recommendation by the Community Development Department and consideration of comments by relevant referral agencies, the Planning and Zoning Commission may approve, approve with conditions, or deny an application for an 8040 Greenline Review and Special Review to vary the ADU design standards based on the criteria that are set forth in said Section; and, WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, City Parks Department, the Aspen/Pitkin County Building Department, and the Pitkin County Community Development Department reviewed the proposal and provided comments, and the Community Development Department recommended approval of the application, with conditions; and, WHEREAS, Section 26.314 of the Aspen Municipal Code provides that an application for a variance from the dimensional requirements of the code can be reviewed by the Planning and Zoning Commission if it is part of a consolidated process; and WHEREAS, during a regular meeting on April 6, 2004, April 20, 2004 and May 5, 2004 the Planning and Zoning Commission conducted a duly noticed public hearing and approved by a five to one (5-1) vote the 8040 Greenline Review and Special Review to allow for an ADU to be attached to the principal building by a set of entry stairs, for the construction of a single- family dwelling unit and ADU to 210 Sesame Street, Lot 2, Aspen Electric Subdivision, City of Aspen, with the conditions described herein. NOW, THEREFORE BE IT RESOLVED by the Commission: Staff recommends approval of the 8040 Greenline Review and Special Review for 210 Sesame Street, with the following conditions: 1. The Building Permit application shall include: . A dust and noise mitigation plan. . A report from a qualified soils and geotechnical engineer that certifies their concurrence with the soils report findings, has an analysis for the stability of the proposed house on the hillside, and provides additional qualifiers to the design and construction of the proposed house . Mudflow analysis. 111111111111I111111111 ~~:~~:;1:2 : 35P SILVIA DAVIS PITKIN COUNTY CO R 16.00 D 0.00 .#"'.. 1111111111 mdllll 111111 t:~:~~:;1;2 : 35P SILVIA DAVIS PITKIN COUNTY CO R 16.00 0 0.00 . Indemnificaii<rn of rock fall areas. . Avalanche Hazard study. . A tree removal permit from the City Parks Department for the removal or relocation of trees as per Section 13.20.020 of the Code. . An erosion control plan prepared by a professional engineer. All runoff should be retained onsite. The erosion control plan needs to describe the erosion control measures to be used during construction and permanent erosion control measures. . Adequate landscape plan showing how erosion will be mitigated. . A tap permit from the Aspen Consolidated Sanitation District and all applicable fees. . A map showing the construction vehicle haul route. 2. The Site Improvement Survey submitted at the time of building permit submittal shall include the following: . All of the utilities shall be shown. . The Surveyors Certificate needs to state the accuracy of the survey. 3. After construction is complete, the setbacks shall be re-vegetated with native plant species. 4. The property line which boarders Pitkin County open space must have a construction fence installed to ensure no accidental disturbance occurs on the County property. 5. Sesame Street shall not be narrowed in any way during construction and any modifications to the road are to meet the City of Aspen's engineering standards. 6. The applicant shall comply with the City of Aspen's construction hours of7am to 7pm, Monday through Saturday. 7. This approval is conditional upon the finding by the City Attorney that title to the property is properly vested with the Applicant and that no conflicts exist that would prohibit the development as proposed. Should the City Attorney or Pitkin . County be unable to convey clear title and use the findings of the Planning and Zoning Commission shall be null and void. 8. These conditions of approval shall be printed on thecover sheet of the building permit set and all other drawing sets used for construction. The primary contractor shall be provided with a copy of this Resolution and shall submit a letter as part of the building permit application stating that the conditions of approval have been read and understood. 9. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. The applicant shall record this Planning and Zoning Resolution with the County Clerk and Recorder. ,',., '.... APPROVED by the C~nmission at its regular meeting on May 5, 2004. APPROVED AS TO FORM: COMMISSION: PLANNING AND ZONING CityQUf:- ~/~ ATTEST: C:\homelsaraholplanninglesa\210sesPZ _ RESO.doc 1111111111 1111111111I II ::~~~::1:2 : 35P StLVIA DAVIS PITKIN COUNTY CO R 16.00 00.00 -. , IVA MEMORANDUM TO: Aspen Planning and Zoning Commission Joyce All~eputy Director THRU: FROM: Sarah Oates, Zoning Officer ~O RE: 210 Sesame Street, Lot 2, Aspen Electric Subdivision 8040 Greenline Review & Special Review for an ADU-Continued from April 6, 2004 and April 20, 2004 DATE: May 4, 2004 SUMMARY: The applicant, Alain Degraeve, represented by Bill Pollock of Zone 4 Architecture, has applied for 8040 Greenline approval for the construction of a single-family dwelling unit and Accessory Dwelling Unit (ADU) and special review to vary the design standards for an ADU. The Planning and Zoning Commission asked for additional information as it related to Review Standard I of the 8040 Greenline review regarding suitability of development and Review Standard 7 regarding height and bulk of the building. With respect to Review Standard I staff has provided the Design Review Committee (DRC) minutes and a memorandum from Community Development Department Engineer John Niewoehner (Exhibit "B"). The applicant has provided information from HP Geotech and previous reports relating to the parcel (Exhibit "C"). The applicant has also provided additional plans to illustrate the height and massing of the building on the site (Exhibit "C"). Staff recommends approval of the 8040 Greenline Review and Special Review to vary the ADU design standards, with conditions. ApPLICANT: Alain Degraeve. Represented by Bill Pollock of Zone 4 Architecture. LOCATION: 210 Sesame Street, Lot 2, Aspen Electric Subdivision. ZONING: R-15 PUD. PREVIOUS ACTION: This lot has received several approvals including 8040 Greenline approval for the previous single-family dwelling which has been demolished, a re-subdivision to create the Aspen Electric Subdivision and an affordable housing project on Lot I, the I ~ .,-0' annexation ofa portion of Lot 2 in 2003 and a rezoning of the annexed portion ofthe lot to R-15 PUD. REVIEW PROCEDURE: 8040 Greenline Review. With a recommendation from the Planning Director, the Commission may approve, approve with conditions, or deny a proposed development based on the corresponding criteria. Special Review. With a recommendation from the Planning Director, the Commission may approve, approve with conditions, or deny a proposed development based on all three corresponding criteria being met. STAFF COMMENTS: 210 Sesame Street is the second of two houses located on a private, dead-end street at . the base of Smuggler Mountain Road. The lot has steep slopes and the floor area has been reduced due to the percentage of slopes over 20%. Sesame Street is a substandard street and the Fire Department had several requirements to make the street safer and more accessible when the adjacent house was expanded and remodeled. Both Community Development Department Staff and the Housing Authority are recommending approval for the special review for the ADD. The ADU is attached to the primary residence by a staircase (see applicants drawings in Exhibit C) and the Municipal Code defines a "detached structure" as a structure not physically connected in any manner to another structure, above or below ground, exclusive of utility connections. Staff finds that the building does meet the intent of the code while at the same time allowing the buildings to be clustered as to meet one of the 8040 Greeline review standards. Review criteria and Staff Findings have been included as Exhibit "A." Agency referral comments have been included as Exhibit "B." The application has been included as Exhibit "C." RECOMMENDATION: Staff recommends approval of the 8040 Greenline Review Special Review for 210 Sesame Street, with the following conditions: I. The Building Permit application shall include: . A dust and noise mitigation plan. . A report from a qualified soils and geotechnical engineer that certifies their concurrence with the soils report findings, has an analysis for the stability of the proposed house on the hillside, and provides additional qualifiers to the design and construction of the proposed house . Mudflowanalysis. . Indemnification of rock fall areas. . Avalanche Hazard study. 2 r"....... .....".... , . A tree removal permit from the City Parks Department for the removal or relocation of trees as per Section 13.20.020 of the Code. . An erosion control plan prepared by a professional engineer. All runoff should be retained onsite. The erosion control plan needs to describe the erosion control measures to be used during construction and permanent erosion control measures. . Adequate landscape plan showing how erosion will be mitigated. . A tap permit from the Aspen Consolidated Sanitation District and all applicable fees. . A map showing the construction vehicle haul route. 2. The Site Improvement Survey submitted at the time of building permit submittal shall include the following: . All of the utilities shall be shown. . The Surveyors Certificate needs to state the accuracy of the survey. 3. After construction is complete, the setbacks shall be re-vegetated with native plant species. 4. The property line which boarders Pitkin County open space must have a construction fence installed to ensure no accidental disturbance occurs on the County property. 5. Sesame Street shall not be narrowed in any way during construction and any modifications to the road are to meet the City of Aspen's engineering standards. 6. The applicant shall comply with the City of Aspen's construction hours of7am to 7pm, Monday through Saturday. 7. These conditions of approval shall be printed on the cover sheet of the building permit set and all other drawing sets used for construction. The primary contractor shall be provided with a copy of this Resolution and shall submit a letter as part of the building permit application stating that the conditions of approval have been read and understood. 8. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. The applicant shall record this Planning and Zoning Resolution with the County Clerk and Recorder. RECOMMENDED MOTION: "I move to approve the 8040 Greenline Review and a variance from the ADU design standards to allow an ADU attached to the primary residence by entryway stairs, for the construction ofthe single-family residence and ADU at 210 Sesame Street, with the conditions included in Planning and Zoning Commission Resolution 04-_." A TT ACHMENTS: Exhibit A Review Criteria and Staff Comments 3 ...- ....... Exhibit B -- Referral Agency Comments Exhibit C -- Development Application Exhi bi t D -- Letters d:\home\saraho\planning\esa\210sesame _ MEMO.doc 4 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING AN 8040 GREENLINE REVIEW AND SPECIAL REVIEW TO VARY THE ACCESSORY DWELLING UNIT (ADU) DESIGN STANDARDS FOR 210 SESAME STREET, LOT 2, ASPEN ELECTRIC SUBDIVISION, CITY OF ASPEN. Parcel No. 2737-074-20-002 Resolution #04-11 WHEREAS, the Community Development Department received an application from Alain Degraeve, owner, for an 8040 Greenline Review and Special Review to vary Accessory Dwelling Unit CADU) design standards for the construction of a single-family residence at 210 Sesame Street, Lot 2, Aspen Electric Subdivision; and, WHEREAS, pursuant to Section 26.435 of the City of Aspen Land Use Code, after a recommendation by the Community Development Department and consideration of comments by relevant referral agencies, the Planning and Zoning Commission may approve, approve with conditions, or deny an application for an 8040 Greenline Review and Special Review to vary the ADU design standards based on the criteria that are set forth in said Section; and, WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, City Parks Department, the Aspen/Pitkin County Building Department, and the Pitkin County Community Development Department reviewed the proposal and provided comments, and the Community Development Department recommended approval of the application, with conditions; and, WHEREAS, Section 26.3 14 of the Aspen Municipal Code provides that an application for a variance from the dimensional requirements of the code can be reviewed by the Planning and Zoning Commission if it is part of a consolidated process; and WHEREAS, during a regular meeting on April 6, 2004, the Planning and Zoning Commission conducted a duly noticed public hearing and approved by a _ to _ L--> vote the 8040 Greenline Review and Special Review to allow for an ADU to be attached to the principal building by a set of entry stairs, for the construction of a single-family dwelling unit and ADU to 210 Sesame Street, Lot 2, Aspen Electric Subdivision, City of Aspen, with the conditions described herein. NOW, THEREFORE BE IT RESOLVED by the Commission: Staff recommends approval of the 8040 Greenline Review and Special Review for 210 Sesame Street, with the following conditions: I. The Building Permit application shall include: . A dust and noise mitigation plan. . A report from a qualified soils and geotechnical engineer that certifies their concurrence with the soils report findings, has an analysis for the stability of the proposed house on the hillside, and provides additional qualifiers to the design and construction of the proposed house . Mudflowanalysis. . Indemnification of rock fall areas. . Avalanche Hazard study. . A tree removal permit from the City Parks Department for the removal or relocation of trees as per Section 13.20.020 of the Code. . An erosion control plan prepared by a professional engineer. All runoff should be retained onsite. The erosion control plan needs to describe the erosion control measures to be used during construction and permanent erosion control measures. . Adequate landscape plan showing how erosion will be mitigated. . A tap permit from the Aspen Consolidated Sanitation District and all applicable fees. . A map showing the construction vehicle haul route. 2. The Site Improvement Survey submitted at the time of building permit submittal shall include the following: . All of the utilities shall be shown. . The Surveyors Certificate needs to state the accuracy of the survey. 3. After construction is complete, the setbacks shall be re-vegetated with native plant species. . 4. The property line which boarders Pitkin County open space must have a construction fence installed to ensure no accidental disturbance occurs on the County property. 5. Sesame Street shall not be narrowed in any way during construction and any modifications to the road are to meet the City of Aspen's engineering standards. 6. The applicant shall comply with the City of Aspen's construction hours of 7am to 7pm, Monday through Saturday. 7. These conditions of approval shall be printed on the cover sheet of the building permit set and all other drawing sets used for construction. The primary contractor shall be provided with a copy of this Resolution and shall submit a letter as part of the building permit application stating that the conditions of approval have been read and understood. 8. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. The applicant shall record this Planning and Zoning Resolution with the County Clerk and Recorder. APPROVED by the Commission at its regular meeting on April 6, 2004. APPROVED AS TO FORM: COMMISSION: PLANNING AND ZONING City Attorney ATTEST: Jackie Lothian, Deputy City Clerk C :\home\saraho\planning\csa\21 OsesPZ _ RESO.doc Jasmine Tygre, Chair annexation of a portion of Lot 2 in 2003 and a rezoning of the annexed portion of the lot to R-15 PUD. REVIEW PROCEDURE: 8040 Greenline Review. With a recommendation from the Planning Director, the Commission may approve, approve with conditions, or deny a proposed development based on the corresponding criteria. Special Review. With a recommendation from the Planning Director, the Commission may approve, approve with conditions, or deny a proposed development based on all three corresponding criteria being met. STAFF COMMENTS: 210 Sesame Street is the second of two houses located on a private, dead-end street at the base of Smuggler Mountain Road. The lot has steep slopes and the floor area has been reduced due to the percentage of slopes over 20%. Sesame Street is a substandard street and the Fire Department had several requirements to make the street safer and more accessible when the adjacent house was expanded and remodeled. Both Community Development Department Staff and the Housing Authority are recommending approval for the special review for the ADU. The ADU is attached to the primary residence by a staircase (see applicants drawings in Exhibit C) and the Municipal Code defines a "detached structure" as a structure not physically connected in any manner to another structure, above or below ground, exclusive of utility connections. Staff finds that the building does meet the intent ofthe code while at the same time allowing the buildings to be clustered as to meet one of the 8040 Greeline review standards. Review criteria and Staff Findings have been included as Exhibit "A." Agency referral comments have been included as Exhibit "B." The application has been included as Exhibit "c." Letters from neighbors are included as Exhibit "D." RECOMMENDA nON: Staff recommends approval of the 8040 Greenline Review Special Review for 210 Sesame Street, with the following conditions: I. The Building Permit application shall include: . A dust and noise mitigation plan. . A report from a qualified soils and geotechnical engineer that certifies their concurrence with the soils report findings, has an analysis for the stability of the proposed house on the hillside, and provides additional qualifiers to the design and construction of the proposed house . Mudflowanalysis. . Indemnification of rock fall areas. . Avalanche Hazard study. 2 Exhibit A 210 Sesame Street, Lot 2, Aspen Electric Subdivision STAFF COMMENTS: 8040 Greenline Review 26.435.030(C) 8040 Greenline Review Standards. No development shall be permitted at, above, or one hundred fifty (150) feet below the 8040 Greenline unless the Planning and Zoning Commission makes a determination that the proposed development complies with all requirements set forth below: 1. The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mud flow, rock falls and avalanche dangers. If the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and revegetate the soils, or, where necessary, cause them to be removed from the site to a location acceptable to the city. Staff finding: 210 Sesame Street was developed in the late 1980s so the issue of suitability of the development is not really applicable. No indications of problems related to the above standard have been observed or noted. The slope of this site does suggest that engineering considerations be incorporated into the development plans to accommodate slope stability. Staff has included conditions requiring the City Engineer be given information relating to mud flow, rock falls, avalanche dangers and soil toxicity. 2. The proposed development does not have a significant adverse affect on the natural watershed, runoff, drainage, soil erosion or have consequent effects on water pollution. Staff finding: Due to the steepness of the site, the development plans must incorporate adequate drainage mitigation measures for both during and after construction. The City Engineer has requested a drainage report and plan be submitted and approved prior to an application for a building permit being accepted by the Building Department. StafJ has included the drainage requirement from the City Engineer as a recommended condition. 3. The proposed development does not have a significant adverse affect on the air quality in the city. Staff finding: The development is not expected to have any affect on the area's air quality 4. The design and location of any proposed development, road, or trail is compatible with the terrain on the parcel on which the proposed development is to be located. Staff finding: As stated above, as development already exists on this parcel (in the form of a demolished building) the design and location are not an issue. 5. Any grading will minimize, to the extent practicable, disturbance to the terrain, vegetation and natural land features. Staff Comments page I Staff finding: The applicant is required to meet setback requirements for the zone district; therefore the disturbance will be limited to those areas. 6. The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space, and preserve the mountain as a scenic resou rce. Staff finding: The request for an attached ADU is partially due to this standard. The applicant is seeking to minimize impact to slopes higher up by allowing access to the ADU via an already existing road. 7. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. Staff finding: The building height and bulk are minimized and will blend in with the open character of the mountain. The proposed architecture includes flat roof forms, which are subject to more stringent height requirements, and a structure that steps up the hill with the topography. 8. Sufficient water pressure and other utilities are available to service the proposed development. Staff finding: The water line was upgraded in 2002-2003 during the remodel of and addition for 200 Sesame Street 9. Adequate roads are available to serve the proposed development, and said roads can be properly maintained. 10. Adequate ingress and egress is available to the proposed development so as to ensure adequate access for fire protection and snow removal equipment. Staff finding: Measures were taken during the remodel of and addition to 200 Sesame Street to safer access for fire protection and snow removal. 11. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Trails Plan are implemented in the proposed development, to the greatest extent practical. Staff finding: This parcel is not specified in the AACP: Parks/Recreation/Trails Plan. STAFF COMMENTS: Special Review 26.520.080(D) Special Review Standards to vary the ADU design standards 1. The proposed ADU or Carriage House is designed in a manner, which promotes the purpose of the ADU and Carriage House program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability. Staff Comments page 2 Staff finding The proposed ADU meets these standards. The unit is in an accessible location, rather than being located up the hill with no vehicular access and the design is such that the unit will not be "absorbed" in to the uses of the primary residence. This unit provides both livability and privacy because the only attachment to the main residence is the entryway staircase and not a common wall. 2. The proposed ADU or Carriage House is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property. Staff finding: The proposed ADU meets this standard. 3. The proposed ADU or Carriage House is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of on-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. Staff finding: Staff finds this standard has been met. Due to the narrow, private access to the lot and the steep slopes, the proposed location ofthe ADU is the most suitable location on the site and allows for "clustering" of the buildings, as required by the 8040 Greenline standards. C:\home\saraho\planning\esa\210sesame _ EXa.doc Staff Comments page 3 ~,..h' b'rr ~ From: John Niewoehner City of Aspen Community Development Engineer . To: Sarah Oates THE CITY OF ASPEN Date: April 12, 2004 RE: Suitability of 210 Sesame Street Lot As part of the 8040 Greenline Review, the P&Z has raised concerns about the suitability of the 210 Sesame Street lot for the proposed residence. The proposed residence is located on a steep slope above existing multi-family residences on Park Circle. In order to address the concerns of P&Z, the approving Resolution needs to include a provision that the building permit application includes a slope stability analysis developed by a geo-technical engineer. Furthermore, as you have outlined in your April 6'h staff memo, the building permit application will need to include a mudflow analysis, an indemnification of rockfall hazards, and an avalanche hazard study. These studies were recently prepared for the adjacent lot (200 Sesame St) but need to be updated and resubmitted for the new project In addition to these requirements outlined in the staff memo, the Resolution needs to require that the project's Drainage Plan be reviewed by the same geo- technical engineer who prepares the slope stability analysis. Such a review will help ensure that the drainage structure, including dry wells, will not detrimentally impact the stability of the downhill slope. /workgenl-2004/210Sesame - MEMORANDUM - To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Case load Coordinator Date: March 10, 2004 Re: 3/10/04DRC Minutes: Gibson and South Subdivision Attendees: Scott Woodford, Case Planner - Community Development Department Nick Adeh, Engineering Department John Niewoehner, Community Development Department Phil Overeynder, Water Department Tom Bracewell, Sanitation District Jerry Nye, Streets Department Ed VanWalraven, Fire Department Sarah Oates, Zoning Officerrs Brian Flynn, Parks Department Dylan Johns, Zone 4 Architects Bill Pollock, Zone 4 Architects Alain DeGraeve, Owner At the March 10, 2004, the Development Review Committee reviewed the following project: 210 Sesame Street 8040 Greenline and Special Review for ADU - The proposal is to replace a recently demolished house on Sesame Street with a new house and ADU. DRC COMMENTS EnQineerinQ and Streets: 1. Drainaae and Erosion Control Plan: The building permit application needs to include a drainage and erosion control plan prepared by a professional engineer All runoff should be retained onsite. The erosion control plan needs to describe the erosion control measures to be used during construction and permanent erosion control measures. 2. Soils Report and Slope Stabilization: A 10+ year old soils report exists for this property. The drawback to relying on the old soils report is that the conclusions of the old report may be based on the type of structure to be built. As part of the forthcoming building permit application, the applicant shall submit a report from a qualified soils and geotechnical engineer that certifies their concurrence with the soils report findings, has an anaiysis for the stability of the proposed house on the hillside, and provides additional qualifiers to the design and construction of the proposed house. (Put this requirement in Ordinance or Resolution.) 3. Haul Route: As part of the building permit application, the Applicant shall provide the City with a map showing the construction vehicle haul route. Tentatively, the Director of the Streets Departments wants construction vehicles to use Park Circle, to Park Avenue, to Highway 82. Parks Department 1. Adiacent Open SDace Parcel: The property borders Pitkin County Open space to the south. Along this property line a construction fence needs to be installed to ensure no accidental disturbance occurs on the County property. 2. Erosion Control: The Parks Department will be monitoring the site to ensure that the erosion control plan is followed and landscaping is performed in accordance with the approved landscaping plan. 4. Landscapina: After construction is complete, the setbacks shall be re-vegetated with native plant species. (Put this requirement in Ordinance or Resolution.) Page 2 of 2 .... . March 10, 2004 210 Sesame St 8040 Greenline DRC 5. Tree Removal: An approved tree permit is required prior to approval of the building permit An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. Please contact the City Forester for more information 920-5126. 6. Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. There will be no storage of construction materials, backfill, tools or construction traffic inside of the protective fence. There is no excavation or disturbance of the native area inside of tile protective fence. This fence must be inspected by the city forester or his/her designee (920-5126) before any construction activities are to commence. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. Fire Department Due to access concerns, the house shall have a fire sprinkler. Sanitation District 1. ACSD Standards: Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Water Dept: 1. Citv Standards Compliance: All uses and construction will comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. /DRC/210Sesame-Degraeve APR-12-2004 16: 56 H-P GEOTECH /-&:.fh,nlt c.. P.I2I1/02 .. tech HEPWORTH - PAWLAK GEOTECHNICAL li~~h-P}lwl11l.: Ge(){t::::~!Ili<::~L Inc. 5020 t.:Ount\' lto.d 15,:; Glf"flwond .s'prin~"'. (~)lnnl;i() ~1hOl Phollt,: 97G..945~71)HS I;i~x: 97C.(}.:;.j.M54 emau: hrg<:(>@Jhj:lgl,.~oj~~\.~h.\.\I!ll April J 2, 2004 Alain Degraeve P.O. Box 7975 Aspen CO 81612 Joh No. 104 245 . Subject: Geotechnical Review, Proposed Residence, Lot 3, Sunny Park North, 210 Sesame Street, Aspll11, Colorado Dear Mr. Degraeve: As requested, Hepworth-Pawlak Geotechnical, Tnc. has conducted a review of available geotechnical studies and conducted a reconnaissance of the subject si1e lo a,sess the geotoohnicai conditions for the 8040 Greenline review. The services were performed in accordance with our proposal for geotechnical engineering services to you dated March 19,2004. Proposed Construction: The new residence will replace the original residence on the property and will extend further uphill into the steeper sloping part of the luL The ground . level will be stepped into the hillside to maintain cut deplhs up to about 20 feet. Previous Studies; The following previous rcports were provided for the current review: I. Geologic Investigation, Lot 5, Sunny Park Nurth Subdivision, Aspen, Culorado. Prepared by Nicolas Lampiris, report dated April I, 1986, 2. Geophysical and Geotechnical Sllbsidence Investigation for Lots 3 and 5, Sunny Park North Subdivision, Aspen, Colorado. Prepared by Western Engineers, report dated May 1986, 3. Excavation Observation, Proposed Residence, 190 Park Circle, Aspen, Colorado. Prepared by Chen & Associates, report dated August 12, 1986, 4. Excavation Observation, Proposed Residence, Lot 5, Sunny Park North, Park Circle, Aspen, Colorado. Prepared by Chen & Associates, report dated August 20, 1986, 5. Preliminary Geotechnical Recommendations, Degraeve Residence Addition, 200 Sesame Street, Aspen, Colorado. Prepared by CTl lfhompson, report dated October 26, 2001, and 6. Review of Geotechnical Conditions for Latenll Earth Loading, Proposcd Addition, 200 Sesame Street, Aspen, Colorado. Prepared by Hepworth-Pawlak Geotechnical, report dated March 26, 2002. Site Conditions: The propcrty is in similar condition to that described in the prevjoR~ reports by Mr. Lampiris and Western Engineers exccpt that the subsequently buill residence has heen razed. The Jollies uphill to thc northeasl or the Salv<ltion Ditch. The lowcr part, where thc previous residence WllS built, is relatively flat and thl:: uphill part is steep, on the order oj' 50% grade. Parker 30.3.841-7119 . Colorado Springs 719.63.3.5562 · Silverthomc 970-468-1989 APR--12-2004 15: 57 H-P GEOTECH P.02/02 --- -- -- _. i\lain [)e~~e i\pril12, 2004 Page 2 Conclusions and Recommendation: [)evelopment of the property as proposed should be feasible based on geotechnical comiderations. The geologic deposiL~ on the lot consist of glacial moraine which are relatively stablc in their natural condition. Thc geotcchnical conditions identificd in the previous rcports indicate that the natural soils are suitable for support of spread footings with low settlement potential. An allowable soil bearing pressure of 3000 psf can be lL'lSUlned for preliminary design. There will be a risk of construction related slope instability due to thc steep hillside and proposed extensive excavation for the building foundation. The risk can be reduced by sloping the excavation and/or by providing shoring. We should review thc grading plan for the building and prOP(l~ methods to mitigate potential constructi on induced slope instability prior to construction. The conclusions and reC<lmmcndations submitted in this letter are based (m our review of the available reports/previous subsurfuce exploration, observation of the site conditions and experience in the area Exploration to evaluate the subsurface conditions for the . current review has not been perfomed. Variations in the subsurface conditions could inl-Tease the risk of building foundation and slope movements. We should be advised of any variations encountered in the excavation conditions for possible changes to recommendations contained in this letter_ If you have any questions or ifwe can be of further assistance, please let us know. Sincerely, Stevcn L. Pawlak, r. SLPlksw cc: Job NCI. 10424j ~tech TOTAL P. 02 - ~'. '+':: 970'=125441 f,' C', .. BULG4p..... '-..c::PEH . PAGE Ell SANNER r-~'&~.t:: ~'~r- .GUbr "(;'/(1 J '-j ~...' F'ACJ~ Ht.:x .~.~4n Apf.l I j " .1. 9~"1t, qf1C)w!r"c~:5!!' 7 [:O~ ".I -,,'54 F,'E:" ; Cot ,- _-J, ~;unn/ r',,','I,; Nr.1rth SlJbdi.Vi"'i'on D~8r Mr. DCbrOYaln;. 1 0." 00." 0'" ., "0' 0, H, ,. ~..u '0" o. 0' '.h. 'ho", 0" "''''o'd '" 0"0 Smo,g'.r Hooo'" 0, A..,o, Co.^, 'do. 'h', ..., "'0 00, ,.., '.r, .., "" ..... >'rk ',po'o, r..'hl, "'~'n 'h, .... C...., Coo'o.'o.... '0 0'. ..... ." ,.. Mo.... ."'ao .0." 'a 'h, .......... 'h, ...~..... i,... ....,.'...0. ....o..~.... .0"0"O.'h 'h'."h 'h. 1.. .. Bhewn o~ th~ .~CompRnyjng m.p. _ 'h, '.a'a" ao ... "" .,...... a' . ",." '0'., "'.'a.. .. "'.'" -."'"" ........ ,.... a. '0. "'., "11., ....... ..... ..... '.'a 'a' ~..... -0., ....,. I. ~"'.o.., "m. '0', ........ .."..~, ...".....,.... _.. "".a.... ....., " as, "a", ....... OC,' b.o', .... . a',o.. . 'r." h",., " I, .......... t. ...,... "h'.h 0"'0" 0." '~"r"_, 'h', ., t., .,". It "a. .,,'. n.. a...", "e <'oy "0'" "" ".e. ,,,,, ''''m,"" -," "'Id"" """ _c" the ".",,,,,.., '0 .". ,,,,... mo",o,,,. eC '"0"0 .,. "0", "'.",.. ,.""". co, ,.,,'" "".to"", '0 00," """'O'" '. "" _ "0"" "" 0; A.pm, < ,,". "....,.. ., . b" ~o.,.,.,. co... 0' ""'.' ........, 'ho'. ~""a....". .., "0"... .r. ,,,,,,,,",,. '0 'Oy "'0', to,,,. I. 0" "...."." o. N.cg~n. (r&~gnt) movement on th~ss f8Ulttr. '"" ,," e -'0p", >'0. "0', y '" .. -"'. ""', ,., ,,, "OY,... "'h 'o"brO," -0' 0.... """0' 'h.,,,,.,, "'d ........ L~.o "00..0.'" < ,"0,"" ","". tI e, "0 te a' 'a... "0'" '" ..... '" "..", ......... ..... .'."'". " ......," " " ...... ro.. 'h..o" ... ......... ',..,., .'....,. ',., '.,.. .... 'b. .,,,,.. 0' ,., ........ "'.., " ..".,...., ." '. 'b. '01',,", "'>O.P', "H. "'P.". '10, ..... . ",,,,. "',. ,........ to 'h. .... .... G' ~......~"..;.. '0 'h, -..., ,....... .......,.. ....., t." ..... 'ole. ........ and ~QntBin. standing w-ter. '1'iI"R 4SS0C1ATES, INc. <evG I';NGrNEEns ~ IIRCI-ItrlocTS E )5 EA.$T MAIN '1'1, COLORADO B16J1 >(.)03) 92S-SBS7 BANNER ASSOCiATES. INC. CONSUll"lNG ENGTN!;EAS' &0 ARCHt1"ECTS 2777 CROSSRO/\DS E?C{.)Lf;VARD GRAN/) JUNCTION, CO 81505 . 13031 243. 22'12 ~~!14!28B2 13:42 9 7B925~ ~ IE: ", BULSARI ~E~~ ,.", PAGE 82 '...... Lu~ 5, ~Jnny P~r~ Nn~th Subdlvl~lcn {'iprn 1.1 1_ 1 ,17P6 F'.;;:jqt:~ T~*JO BANNER Th.r~ are a nUmb~r D~ mine shafts on the hillside Bbove the 5it~ which enter the Smuggler Mountain miM'ng campi.,. ThB netWt}/'k Cl.f tunnels!", knewn to P.;15F; l..ncie-.r' tn", Town Qf ASP"'n ;;.nel conn",c;t w.i.th the Aspec. Mt:t;.u-,tain mining ",reel. The tunnelF; bene.th thR c.i.ty are full Of w~t.r. There is ne .vid.nc~ of miMing .ct2vity near Lot 3, but there .re Cert&inly tunn.ls belcw the prOPerty Within thebgdrOCk '.lI11t.'5. I cia not ""p,-"ct · sUbs.i,cJ,'"","!,! pr'oblem, butt'd b." more cert.,n, I suggest th~t, during th. sit. SP~~lfic Soils Investigation for founddticn d.Pign, On. d"'ftp hOle (d.P~h to Oft d','ci.,i"'d by th,,, !;;oll", engine'?,...) L", drilled at the hDm"'s;itp '.'co tE'~;t ;'or a"y ':'",.-[.;""". ir> th", m~t"'''''td b"'n"''''th th!" "'.it". Th~! hi.J.I"'Hje ",1'0W,,; np r,,\.'jd..r1C!i' 04' .i.n05tabli;t.", b,_,t these' '-'''''n unCDn5aljd~t.d dSPC05its So thQt .urf~c. and BUbsurfRc& we~.rs ShOUld b. diverted srownd the home enduncJue wetting of thp RO.i.ls through fqUlty irrigaticn pr.ctlces should b..voided. The 98lv0tion DitCh Pipeline is topogr.nhiCally below the sit. -nd th.r.fcre ShOUld ndt -dvErssly affett the proposed I'lome. The SD.l) "-' ""f19 j n'O",i'" ,,,houl d provi Ij" you '-"'coOlm"'nd",t.; Of1'" .and designs for- th" .dvi..cJ drA1nQ9B5, Or Our firm can deSIgn tt1e drainages'fDr YOlJ~ Dome5tic wat9, and waste dimpasal will b~o~rovid.d bV the lo,"m of ASPE'fl. (.\cc"",s totl1", ''lie t", m.;1y I;"''''rj 1;0 b~, .l mprc;v0'cI I but i9 o!r-eady available. T~Bre is a SUPPlsment8ry i'"sport P"""P,u""d .for' r:';; t:kin Count.y "Jhich ."ddr'~''''''''''''th''' "'l.\bsid'~nc,~ probl@m ju~t north of this ~it€'. Thi~ r.~ort shOUld ATBO be ref"rr-ed to the .ell. engineer. If th_re Qre further qu"'''tion", plE'",",,-, do ne;-l: h,",,;;.tat'i> to cant",,,!: ,-,,,,. ~.:;:t r'1 (:(;::-1- (:.:).] ~/ t r-.;'../cl k 1.7'{H'.;'''f:'J:;;, {),-:::c:'['(." ..(-.....f.cc 1'/,fl" .., ,~,...", , ":""':;;) . ..",<,,, ..... 1~.r;.( 7r.--,.f?t-~ht: Ni~haI~5 l_~mpitPis, PhD" Project G~d]oqist 03/14/2~02 13:42 ~7~C4418 ......~.... BULGARI AS . ,-, PAGE 213 GEOPHYSICAL & GEOTECHNICAL SUBSIDENCE INVESTIGATION FOR LOTS 3 & 5, SUNNY PARK ~ORTH SUBDIVISION ASPEN. COWRADO Ma)' 1986 Client: Colorado National Bank P.O. Box 520 Glen~ood Sprlngs. CO 81602 Preps red b)': Western Engineers. Inc. 2150 Highway 6 & 50 Grand Junc~iont CO 81505 [w.o. tI 1656] . 03!14/2002 13:42 .: -Jj .1 .l .1 .1 .1 ., I .. i'l ~ II 970~44J8 -- BULGARJ ".sF'" "- '....",,,1 PAGE 134 WORK SCOPE AND STUDY PLAN The purpose of the investigation summarized h"rein "'as to attempt to identify subsurface mine vorkings beneath Lots 3 and 5 of the Sunny Park Subdivision in Aspen. Colorado. and evaluate the effect that any identified cavities may have on proposed residential structures for the t,",o lots. The pUJ:pose of this investigation also included maktng a preliminary evaluation of soil conditions in order to determine "hether it will be possible to construct adequate foundations for the proposed stroctures, The origtbally-enviaioned study plan genar..lly consisted of the follow1ng: 1) perfo= a detailed gravity survey to identify any low g.avity areas that may indicate the existence of cavities. 2) Perform seismic refraction and no~l resistivity surveys at several locations across the site to obtain general information on the overburden character and depth as well as depth to water table. 3) If any susptcious an.omalies are revealed by the other methods, perfonn Bristow resistivity surveys in those areas to try and f~Tther identify the cause and lo"ation of the gravity anomalies. . Although areaS of low gravity readings were en"ountered investigation. time and weather consideraU.ons prevented use of method for further investigatIon of those areas. during the the Bristow .. .. III -.J III -J- III '.1 . II .Jl . . . "I I' II 1 II II .1 ..., . I .1 Ii ~l II I' .1 Ii . , 83/24/2082 13:42 ".... 970\-.418 /'"- BIJL GAR I ASP......" PAGE f1~1 GEOPHYSICAL SlffiVEYS Mlcrollravimetty Method: Precise gravit:y Dle.asurements lJere taken at grid poirits covering most of Lot;s 3 apd 5. 'the grid points were set; by survey. methods on IS-foot centers_ Elevations of the grid points were determined to the n.ea.test 0.01 foot by differential leveling. Gravity measurements were taken with a LaCoste & Romberg. Model G Gravity Meter. No. 735. Measurements were repeated at an arblcrarily chosen base station ac approxi1D8.tely i-hour intervals. The rimes of all readings were recorded so the measuremenrs could be ,corrected. for the drift in the measured gravity derected at the base station. 'the elevation of the instrument was measured to ehe nearese 0.01 foot from the grid point stake. The position of the instrument relative to the grid P?int was not;ed to the nearest 0.5 foot. The lnsrrument was placed as close as practical to each grid point. The average elevation "f the ground surface within 3 feet of the inst.rument was also measured.. T!.i~ elevat.ion of the instrument and the ground surface in the vie,inity were. used t:o cort:"ect the. gravit:y measurements for the free air and Bouguer anomalies. respectively.. the gravity measurements were cor~ected for drift~ latitude. free-air, and .Bouguer aoomalies and ~hen plotced on the grid map. Grid poiuts for which gravity measurements were obt.ained are ShOwll 'on Figu:re 1.. Limitations: The magnit;ude of the effect; that subsurface mine ~orkings would have up6u gravit:y measurements was expected to be in the range of 20 to 100 J{,gals. The procedures used In the fleld were adequate to obtain measurements accurate to 10 - 15 ~als~ Gravity variations in the range expecte.d for the mine."workings can -2- .1 I -I II II II .1 II II 03/14/2002 13:ct2 g70'3254~lE' BULGAF'I ASPEI-.J PAGE GE, ,,"'" '.. .' ^, be caused by o~her subsurface conditions; for example. variable overburden thickness over bedrock, overburden layers of variable thickness, lateral variations in the overburden material, and variable depth to water table. The interpretation of gravity data is then dependent upon knoving which of these conditions are presen~ and ~o what extent ~hey influence the gravity measurements. The gravity data obtained at the site was refraction and electrical resistivity soundings conditions effecting the gravity measurements. supplemented with seismic to estimate the subsurface The gravity measurements obtained varied several hundred ~als across the site and therefore, were not in ~hemselves conclusive about whether- mine workings exist beneath the site. Tne range in the gravity measurements was caused pri.marily by the variable thickness of low dens~ty bouldery glacial deposits over denser glacial deposits indicated by seismic refraction data. Also, lateral variations caused by the bouldery and heterogeneous nature of the overburden is believed .to have contributed significantly to the variability in the gravity measurements. -." Seismic Refraction Method: Seismic refraction lines were run at four locations on th~ site to provide data on the depth ..and natl.1I:"e of the overburden ~ Two of the lines were ISO feet: long, the other two were 100 feet long. The locations of the seismic lines are shown on Figure 1. The interpretations of the seismic data are shown on Figures 2 through 5. The seismic refraction method permits calculation of depths to near-surface soil and rock layers by determining seismic velocity variations between layert. The survey is performed by producing seismic waves at varying distance!> from the ends of a line. and measuri.ng the time (If arrival of the wave at each end. In this surve.y the seismic Waves. were gene:r:ated ma.n.ua lly w1't.h a sledge-hamm:er -)- .i Ii "i .j .! .! .! .r .i -.! i I , i I l I.' I ' , . i . ! i.:. I ! I .l .! i I i .i , ' ! II . 1 '.1 r'H'-.::IC- '_'I c / ..... ',-,; equipped with a s",itch to start a tllner in the seismograph at the instant of impact. Arrival times were detected by geophones at each end of the line and meae:ured in milliseconds. Several times were measured to each geophone from each ha,~r sta~1on to obta{n a good average and reduce error~ On a time-distance graph plotted from the data. each subsurface layer is represented by a straight line segment representing e constant velocity. Compressional ",av.. velocities of these layers are equal to the inverse slopes of the line segments. Depths to increasingly high velo<oity material <oan be calculated from the locations of the velocIty breaks on the graph. or by tim.. differences bet",een arrivals to each end of the line. The latter method can be used if there is an over-lap bet:veen readings to either end fr-om the Same velocity layer. Th.i.s enables the calculation of the depth to the velocity in.terface beneath each ha_er station in t:he over-lap, and provides a pr-ofile of the interface OVer a segment of the center of the seismic line. Limitations; The organization of seismic refraction surveys and. the interpretation of the data are generally well-established and straight-forward. There are, however, no inflexible approaCheS to interpreting the data, and ambiguities and uncertainties ax-e common.. There. are also two major pot-entia 1 pI'"oblem are3S inherent in the meth.od; veloc.1ty reversals and blind zones.. The velocity reversal problem exists ",hen higher seismic velocity material Overlies lo,",er velocity material. Refraction data analyses are based on the assumption toat seismic velocity increases with depth. The hlind zone problem is the inability oe the method to discern the existence of layers because of insuffic~enc vel~c1ty contrast or thickness. Results obtained from shallow refrac.tion investigat ions are usefu.l because they r-apidly provide informatlon on the bedrock configuratlon and can be used as a gulde for subsequent drHling. Due to the problems mentioned above, it 1s nonoal practlce to use exploratory drilling in conjunction w:l.th the seiSlIlic survey in cases ",here accuracy is eSSential. Also, it should be <:emembe<:ed that t:he results of refraction an.:aly&.e:s are. de:pths too ve.locity interfaces and not -4- ~.. M_ 1~ ~"""! -"1- .. . II .: bUL 1..:.t.:;P 1 ASPE~.j F'A'.:iE IJt: necessarily d<::lS to soil unit boundaries. Inhc~ent limitations in the seismic refract:ion met:hod increase the ambiguities in interpret:ation. and decrease the accuracy of the results obtained. Ambiguities and uncertainties :l.n interpretation COMmonly cause errors in calculated depths of 10 t:o 25 percent, Results: The seismic refraction. data indicated !:va distinct o"erburden units aver bedrock. The upper or surface unit consisting of bouldery glacial deposits had an average veiocity of 1225 fps (feet: per second) and ranged from 1160 fps to 1300 fps. The depth of the upper unit ranged from 8 to 16 feet on an undulating contact. The secoo.a unit had an aPP'rox:lmate average "elocity of 2300 fps. which ranged from 1900 to 2825 fps. The. velOCity of this unit is too low to be bedrock and was interpreted as older glaCial deposits. At the lower end of the site (SL-2) the second overburden unit had a velOCity of over 3200 fps ind:h:atingit Was part:ially or wholly saturated and t:he "elocity interface was interpreted as water table. The seismic data' indicates bedrock at a dept:h of 60 feet at tbe upper end of the site and 40 feet at the lower end. The veloeit:y of t:he bedrock ""eraged 73.50 fps. Electrical Resistivity Electrical resistivity soundings were conduet:ed near the locations of the four seismic lines. The data wa.s used to corroborate the seismic daca and to determine if lateral variations OCCUI: in the overbu,den whicb would affect the graVity me:~,surements.. Method; Electrical resistivity sounding ..et:hods are based on the differences in tbe resistance to electrical current flow of different earth materials. Resist:ivity is a unit Volumetric measure of resistanCe. In earth materials tbe degree of -5- ""- ~',,; _.:.;:>'-!~:;"tl",:::~:.:~~~~~~'~: <~;~::~~~~:> ;~ '_~C._' -". :"=;:'" .~-.- ~~d...-'-';"'':f:~.~~_ ~- ,~.- . '] . .' . ~' 03/14/2002 13:42 97092:,4.:11.9 ,'" BUL GAR I ASP,J:!;J PAGE 09 \,,,, ..' .' sa~uration, the presence of dissolved conductoive solids, and the mobility of these solids within. a soil or rock matrix or the presence of voids or cavities all effecto the resistivity. Field measurements are taken by the placement of two current electrodes tbroughwhich an elec~rical current is introduced to the soil. and towo potential electrode" which measure the drop in potential of a distance between the current electrodes. For this survey the spacing ("AU F distance) between the electrode" WaB equal. This 1s called the Wenner Array, In addition. a potential electrode was placed at the center of the array and measurementos were ~de from ito too each of the other potential electrodes. This is called Lee Partitioning and allows for detection of lateral variatoion" in the resistoivity of the soil. The apparent resistivity is t:hen calculat:ed by tbe for1ltUla: V R-271"A- I where VII is equal to tbe resist.ance across tbe potential electrodes according to Oh",' s law. By progressively increasing the "A" distance of' the array t:be depth of penetration' is increased, being appro:><imately equal to the "An distance. The field measurements were interpreted by apparent resistivity plots. and as Barne's layer values, The later. is an empirical method. plots are found following the discussion as Figures 6 through 9. depth These Results: The resistivity data were not quantitatively interpreted in terms of depths tb anomalies. Instead. visual confirmation of ~es1stiv1ty anomalies with seismic deptbs torere made. Also, the Lee Partitioning plots indicated considerable lateral variation in the overburden mat:erials, which is believed to have contribured to the variation in t:he gravity measurements. -6- I I . . I . . . . ~ . . .. r "- "'., """ CONCLUSIONS The result:a of t:he gravity survey were very erracic with a Dumber of anomalous areas indicated. The anomalies included areas of borh high and low gravity readings. For the purpose of this invest:igation only, t:he areas of low gravity readings I<ere considered since they would indicate the possibility of subsurface cavities. However, it should be noted that an area of very high gravity readings was encountered along rhe north boundary of Lot 5. The reason for this anomaly is not known. The locations of rhese low anomalies are sh~ on Figure 1. A total of 10 low gravity anomalies were encountered as shown on Figure 1 -- 6 on Lot 5 and" on Lot 3, Tbese low gr,,-vity areas can be caused by conditions ot:her than underground cavities. Some of these conditions may include variations in subsurface horizons such as the overburden bedrock contact or the contact of cwo different soil layers. isolated ereas of low density m.1lterial, and buried channels. The concern at this site is based on the possible existence of tunnels. Tunnels should be indicated by the Sur:ve}' as roughly linear trends of low gravity readings. Of the 10 low gravicy anomalies, it was geen that " were very isolated and localized -- limited to a 10-foot: radius area or less. The remaining 6 low gravity anomalies showed a som.....hat .linear rrend. However, of chese 6, " were found to be completely surrounded by areas of higher gravity readings and were limited in length from 30 to 45 feet. Tbe two remaining anomalies exh<.bi.ting somewhat linear trends were found at. the limits of the survey. one along coe southern boundary of Lot 3, and on.e along che western boundary of Lot S. In order to obtain background information on the mine workings in the are". we bad several discussions wi Lh M:c. Steffan Albouy,. a local miner. Mr. Albouy is currently work.ing m.ines in t,he area and has the or.iginal records of both t.h.e Smuggle,r an.d Molly Gibson Mines. He provided infonna.tion on the mOst likely general trend of the main tunnels and drifts. the probable maximum aize of the drift sand stopes. approximate depths to water. table. and generally how close t.he mine wor-kings could be expe.ct,ed to come to t.he overbu.rden.-bedrock contact. Based on this infonnation, the most probable crend of tunnels from the Holly Cibson Shaft No. 1 which could impact: the two lots runs SW-NE from the shaft on Lot 7, crossing the lawer elevations of Lots 3 and 5. This area ia indicated on Figure 1. H.r. Albouy also indicated that there is a possibility of drifts extending frolll. the main tunnel tot.1ard the lot:s. HOt.1ever. he was doubtful that -7- ."~-~--~_._~- . '""""I . . . . . . . JI . . . .. 03/14/2002 13:42 970925441E: .~. BULI:;AF~I ASP~~)... PAGE 11 'l~. .,.' '" this would be the case. Mr. Albouy indicated that the drifts were generally about 5' x 7' in dimension and the stopes would be less than 15' in width. He expected that the water table would be about 10 feet below the level of Park eirc Ie. In consideration of the information provided by Mr. Albouy, only Doe of the low gravity an<>malies which exhibi,ted a linear trend would conform to the expected trend. This is t:he one al<>ng the west boundary of Lot 5. Bowever, this anomaly 1s limited in extent to the araa below the ditch pipeline ..here no construction 1s proposed. The anomalous area al<>ng the ..<>uth boundary of Lot 3 originat:es sout:h <>f the site and trends in a direction c<>mpletely inc<>nslstent .nth that anticipated based <>n Mr. Albouy' B inf<>l"tDation. It should also be noted tbat, of the an<>malies which exhibited linear trends, 4 were found to run in a n<>rth-s<>uth direction similar to the one along the ..<>uth boundary of Lot 3. ,These di:re~tlonal trends are all very inc<>ns1stent with Mr. Albauy' s information. H"",ever. th..ir dir..ction is nearly parallel with the "alley and would b.. very c<>nsistent with alluvial and;<>r glacial features, The general c<>n,c1usion drawn from the gravity survey wss that. while numerous low gravity areas were encountered, on.ly one is consisten1: with the direction and trend exp..cted based <>n the inf<>rtn1ltion available. This was an area along the west boundary of Lot 5. trending NW-SE and limited to that part of the l<>t below the ditch pipeline wheree no buildings are anticipated. This conclusion was based on. the 11th1!:,. isola.t:ion~ trend and loc8t:1on o-F the anomalies. As was pre'\Tiously d1.-scussed, the results of t.he gxavi,ty survey ....,.ere much more erratic: than was expected. The most probable reasor!s for this variabi.lity was indicated by the seismic refreaction and resistivity sur:veys. These surveys sho...ed two layers of glacial deposits overlying bedrock. :me contact between these two layers w"s f<>und to be undulating. Al<>ng seismic line 4, the variation 1n gravity reading.. c:<>rrelated very well w1th the indicated horizon between the two soU layers indicating that this contact significantly influenced the gravity readings. However, the "orrelation wit.h tbe <>ther 3 "dsm.ic lines WaS not as good whicb indicated that other factors than variations in this horiZOn contcibuted to the gravity variations. It is eKpected ,that the -8- . .. . . . . . . . .c'UL I..::l;..;.r( 1 A-'::;l-'t.J-~ F',t:l:iE 12 -^ '-' '.. ~" overburden-bedrock contact is also irregular. Based on surface observations plus geologic knowledge of the glacial deposits in r:he area. the overburden is very bouldery anp heterogeneous, It is also likely that the gladal deposits (especially near the vall';y bottolll) will be intermixed with soils of both alluvial and colluvial origin, The resistivity soundings revealed that the soil conductivity varies unpredictably with both depth and lateral extent. This combined dsta indicates that the erratic results of the gravity survey were due to the extreme heterogeneous nature of the overburden soils along "ith the undulating character of the contact between the two soil layers as well as the overburden-bedrock conr:ac.. Because of these wide variations, it was difficult to make any reliable and conclusive interpretations based exclusively 00 the gravity measurements. At tbe beginning of this project, we anticipated that anomalies would be encountered which mayor may not indicate the presence of subBurfll"ecavities, The original ..or~ plan included "loser examination of any suspicious-appearing anomalies using specialized resistivity techniques, However, due to time limitations based on the submittal deadline and adverse weather conditions which limited the field work, these resistivity surveys were not performed. Seismic refra.ction surveys and nomal resistivity soundil:lgs were _de at several locations across the sites. The results of these measurements are shown on Figures Z through 9. The seismic data indicated that the upper soil layer is somewhat less dense than the lower layer and is between 8 and 16 feet thick. It was' also found that the depth to bed.ock for the portions of the lots higher in elevation than the ditch pipeline are underlain by between 55 and 60 feet of glacial till overburden. The area closer to the valley bottom below the ditch pipeline was found to have approximately 40 feet or overburden. The seismic wave velocities encountered during the seismic surveys indicated. that the overburden soils ar-e very dense -- particularly the lower one.. '['he est..imate of bulk specific gravity of the soil including voids and moisture based 00 the gravity measurements waS 2.54 -- a.lso indicating a dense. well-consolidat~d Boil. The resistivity soundings previously discussed, they which helped to explain the ~onfi,rme_d the existence of 2 8011 laye:r-s. As also revealed lateral variations in soil cha.racter erratic graviry readings. -9- . . . . .. . . . ,. , . . - ~ . - I .. I - 03/14/28@2 13:42 9789254418 BUL GAP I A~;PEN ......... PAGE 1 :: . . ; Based on the information provided by the seismic and resistivity data, 1.t was possihle to estimate soil strength cbaracteristics and make an evaluation of the impact which a subsurface tunnel, of tbe dimensions indicated by Mr. Albouy and located. at the bedroc'k~overburden contact would. have on a residential struct:ure on the surface. The glacial soils at the sit:e are dense, bouldery, clayey materials and could be expected to possess strengths on the order of 500 lbs/sq.ft. for cohesion and an internal angle of fricti.on of 35 degrees. Using these estimated soil strengths along with a maximulll cavity width of 15 feet, the crit:ical depth waS found to be about 25 to 30 feet, This llleans that cavities below this depth, 15 feet in width or less, will have negligible impact on the surface. At these depths, the influence of the load applied by the st:x-ucture foundation is very small compared to the soil loads. For mine workings located at ~he 50-foot depth. the safety fac~or against surficial subsidence caused by a m.ine collapse is about 1.5, based on this analysis. A 1.5 safety factor ,.eans that the forces resisting subsidence are 1.5 times greater than the forces tending to cause subsidence. ."" Although the gravity surveys indicate the possibility of a mine tunnel on Lot 5, the erratic nature of the readings proved inconclusive. The overburden depth and character indicated by the seismic surveys provided adequate information to evaluate the possible effect that a mine tunnel of the maxilllum dimensions indicated by Mr. Albouy located at the bedrock-overburden contact "wuld have on the surface. We consider the safety factor of 1.5 adequate for s"fe foundation support on the surface at the site. !lased on the iafonnation provided 1->y Mr. Albony, we believe this to be s conservative number, !Ie indicated that it was very unlikely that a continuous tunnel as wide as 15 feet would exist. A small decrease in the tunnel ~idth would significantly increase the safety factor. !lased. on the investigations discussed herein, it 1s our opinion that the subsurface con.ditions at the site, along ",ith information provided by Mr. Albouy. ind.ieat:e that theTe is no significant risk to structures built on Lots' 3 and 5 due to collapse of s'.Jbgurfece min~ 'Workings. 51-nee one possible tunne.l vas identified along the west boundary of Lot 5 using the gr~vity measurem~nts. we "'"commend that no structures be built on that portion of Lot 5 belo... the ditch pipeline unless further investigations are made. -10. I I II I i II I II I I II ! , , II I I , I '~ i ! ,I ; I , I I' 03/14/2002 13:42 :1709254.118 .,r" " BLLGAPI ASPf):..1... F'AGE 1 4 '. .I The general coaracter of toe overburden at the building s1tes revealed by the geophysical surveys indicates that ,based on s011 character considerations, adequate foundations can be constructed at the anticipated building locations for the proposed structure~. We do recollllllend, however, that a site-specific subsurface soil investigation be performed for e.ach bu1lding site. to provide more specific data for foundat10n design -- such as B01l bearing characteristics and lateral loads for high retaining walls, It ~y be possible to perform these investigations after the building site has been prepared. Submitted by: WESTERN ENGINEERS, INC. ~?~ Lawrence E, ViOlett Engineering Geologiat ~~ Bruce D. Marvin, P.E. Vice President LEV/BDM/er -ll~ ~ "------. - -'~ -....,....,..1 r, c: BULGAPI A-SPEH SHAFT ,TION ..-g~ , PAGE 25 c't- _._'--_._~,.-'--..I EXPlANA TION . GUd point w,th graVity measuremenl o GUe! POint without graVity measurement SL-I I- -1 2 I RL -/ I-- -L--i -I 2 . 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'i~i ~ . i,..---~.~-t+.,. roof ! ~ .=~j _.'-~ . - -j ------ - -~..-._.._.r_'.' 97092544H: A"t'."'~. ~~,,,,,, . . . ""'-"'-~-'-'~~'~~-'o;r'~---# L BULGARI ASPE"H . ". . . ; ,; " . '~~-'~"--"'--'","'-----~-~---------;-~'''''-'~= -'.-' , ., !. .t. -- . ',.,~ -~'--'~'" F'AGE ")d w,o. \'-5(" PAGE I{ OF '+ , .--.--..'r-.... ......:.-.;....-...! ...~....:-. ._"-_"_.__..-' _ "_'n , . . ---'--~~--------~~'~.~.'~_._----,~.- i ~ , - .--. .. ~ n. -..-.., - "t'.....-.- ..., ',' ".. 7 'On. ~ --. "--<-""-'''-- ......!." J. I n-, !..lCU I c'_n P.02/07 ,,- '-' - - Aug.ust. 12.~ 1 'ls:li! , Subiect: Excavation Observation; !'.r:o.po.se.d.. Residence.- 190 Park Circle As.p.en...C.o.Io to a.d.o-, Job No.4 294 86 Asp-en Electric 1[65.' NorElL M' IT St:tefft:-, Aspen, CO 81611 At.t.n ; MJe_ B=E.;< S-u-v 1 Gentlemefi~ This. le:..t..t..e.::... .p..r~_"H~.nt ~ ~ .r~eu:rt.s O-L: our. oJj~Q!""va.:tr6~_ o.r...t:ffe-' 'subject excavation for the ~urp9se of providing founcation design ~e.commpnd.a.f.. {"nna... ,.,~ o.fi.i:tor:v~-.tlia e..x.cav_aL'lfih on AlXg,p.rt 'TT~. ~ as requested u'i Mr. Sieg~l. We understand the proposed 3100 >~v:re.._ ~:::._...,~;rlpn~p ~". b.a~. a. "fv.o~c:f-or::L.,,,,.Q.Q..(L rrame.. rttu.c.tur~ Q.v..e. . ,a. .~"ge. , At t.~ t...ime,....aL..'-'tlT--, 'il.i.~i~__.tA.,...~ rit.e....--_fhe,.fQ)'Lnrr~uQ,a.., ~_ vatiOfI had been cut in one level from !t to 18 fee-t below the, a..djacent... g.r:o.untL..s.u.r.L.ac..e-.. TF\a __ m.a.f.e.ri:aIT. e.xR,Q,ae.d.' iii th.e DQtt"Cnn: O-~) the excavation consisted of slightly s11t~ Band sna graver~ R..e.su.l..t.s. ~a... g.r.a:daJlctl.. an.aL:I..<:!-.;"a ~1:L.o:rm01.~ . un.. a so.IT. 'aampli taR:e:-~ from the ~ite are shown on Fig~ 1c CQl':LS...i.rl~;:;-,.i ng ,.~ c.ondi t inns: e.~~e.d.. h"L f he. __e ~ra'l:~t- i.oU__ an.<L--th~~, 'nature. a.f. .t.he.P.:CoR9s.ed construction,.. we recommend the. prOp'9~eQ' ~.es.icle.n.c.e:~~.f"nttndP-d..o,.:w:i t r-"",.,__.s.i.l.t:.a.a.d-.rao~:_"..on. '. tJie.... un{nc::Wfo:e:...~ natural soil desigp~d for an allowable soil bearing pressure of. 3.€lO.O.. r~f'.--,. ~yt~rjnr.. (aQt-.i~-1g...~...a1:in.~.rr""".,,5~ ~,Q.v:L.Qe..(['t-J-ITn.' ade~;~~ co~~r abo~et~eir bearin~ elevat.io~s.for frost protection..Con-, t:.fr~!'''~....rou.n.rt~+'.iOn___ ~~rr~ ~Flnnr{C lie. ren.\ro!"'iJed:..t'QP, ar(d-...tJot'ttltrr...~ ,s.Ran, .an; unsup;p,p:r,te.d. L~nK-th..of at le.as,t 10. .feet. Areas of loose ~t..e::PiaL_~e..d___LaL.__~::f.ouL..da.t~"l,... h.earir:~...l..eJL.eL ~hi.n ..tho. excavation shotild be removed and the footing~ extended down to, ad.e:.quat.a,...,-,n~i;..~&;L.., b4~t""_.:[~,. .~.f.:ac'6. r'..,_ . F""n-c-.r.Tn'~ snaurd:" rr~:v'e-' Q-\ minimum width of 16 inches for walls and 24 inches for columns. EQUnrl.a.t.-imL..Ji:a.ll.s..."ilio,u.I.d...-,.a r-en . Qe.. o~'~~~~~~t1i".tes -\'~t:'a rEit'e'ra-r\ e.acth. Rce-aSULe- o.f at least 110 P~f'. eq.\J:i.Y'::llent fluid unit weight",: Ra.....W'f..i.1L.s..tU:'La.c..a.....'l;.hnnlrl h.e.....oe..lntl~rl;..t.Q.......d.t:.a..in.....aw.~..rt.~".. Uie:. atr.!..l.C-- I tw:e.. t-a... pr:.e:o;,a:O-t....p.o,nd.L."'l&... WitJ1inH at.. I.o~~.t., 1 0"" f~ret- or'.' tne b\fi lairHt' ~ j , ~ IT ~ I r-.l'J.)/1::J( r-- '-' - ....... ljpe..Yl .rre.c~!:~ A~~.st 12, 1986 1'. 2 ~i~~~_ Rr-_~f rln~n"!p-Q;Ut.s__ ~.....r-. dia-r...~__ aP^tttii' ni'~r_n'~r~ we_Il) be.yan,d. the limits of all backfill.. An underdrain 5ys.t-em should...: d~~j,~T"G"'1F'''''''''~'' ~H7,,:g~~ro-unA""E~ "...c~s. =---, TIl:e.....r~...n.mmp~Hi.~fT~n~s.unmi:u.e.u:..i:..ii. t:-K;'~: re'tt:er are b'a-se.c;to'oh.'~ ob.servat'i.o.n o.f the soils eX.R9:~ed wit:-hin the foundation excava-: t..i.on..- ... S-i.nc.e.....'W.e:- d.icL_no..t...-,..onrhH"'f" _ ~nh~nrr-~p.::!:,}To)~-afD:i.h..,..~we have-.. a.s.sumed the conditi005 observed in the excavation repreg.~nt those'~: ~ithin .t.he.-d.e.pt...tL_a..L. inflH~ o..r::-EhfLf:ou.n.cr.:::l.LTon...... Iri'''orae'r' t'Oj re;veal the nature and extent of variations in the subsurfac~ conn i to i f.'lon~_ hP 1.rH4 ~p yr>:=lV ~t. inn.. dri1'lTnL-~t"'\u ra. --oe reqj.!~'r~_d'~' r"tj is possible the data obtained by subsurface exploration coulo. t'>-h:t:!'tep - t..he:- r~("'nmmprHi;\ffn.n~.!"nnF~f~pd.. Ili t.:.hiS.- rett.e..r... P"'{H::~nt.t~~ for surface 3ub5idence due to mine workings below the :;He are h..y:o-ml the.. s.cape, oCXKTS: sf~, If there are any q~~~tions or if we may be of further assis- 't. ~-e:.:.. ~'.p!;1~v<sv.=-de,,-~..a- :.L_+;:a:t1:L-.~~'~~~e. ~_trul 'i _y('\.nrs" CHEN AND ASSOCIATES, INC.. 8;,. Dani@:l E. Hardin, P.E. --...., DEH/ec lr"e.!I! _ By-;... ,::--r\T' -.".-- ..., "-C;A-1-fY" ~ ........ ,.-, L ~ - --'" ~~n--' as"9n-.~.'~'" . ~ ......- ..J'-6 J.iit.~"I"'''' ."'"e ,~t'.~,......,..., I. {"'"orF ~~_l'it.~_ UJ1- !i.lAND.IU.) .clt,~., ,;.l;,\lll ,au",nF.'~ ,.......~'. ,..-. "..?t_.~,-.... 'A.io_ " z .. 2- .. z ::; !f ~ ---..............., ~~ '!'f"_.~rc=' .,.t,,~~__ .- ~.~ .,. '-l- .. ... .. .~.. ,. <;_.... "::\ . ; . .. . . ..~ ~ .' "., .. co .. ...~ .~- . --. ~ , ~ .., .. ... . "" ~'.. -~\ .. . < ~ ~..... ~ .. .~ ~ m ",' .. ~ .. .. ~ .... ~. '" ~ .. . .-- .~ .. ~ .. ~ co .. .. . 'DO , . <lO' ;,Iol!. "" ." e:r. "" " l-I'I""'T'1fT' --- ...... .,..... ,...,. ..., co .... e~~Cl!Y tNOEi~ ~. FI'Hf i COollRSc 7,,..,.. -.- .. ," ~ CI.",;r TO 51(.; l),ta lO U'Alm~ V"~" .~~. .....C".:"5: ~. _ . F-IN' I MEOIlAt _ _AS' r ~ 36-V" 'III;--':~~~ r' ~ -GRAVEL 5'!r "'. ---- ~AM~L.f uF. =, gravel FROM Footing Grade . !'(VOftOM~AN"~cVSJS""' ':' 'Me A~OINGS t:i 5'e.,*"~t'~I::."€:'a s l' ~:;v.:v';O' .i€I':"I€S ':ll~AA ~o'"'.uu~. Of'~""'NC.S "0.'" L.. ~ 2""'" 1 MA . ~....rr. ,-,.-. ~J. ..A~ .. --..........-,~..~. -~~._.. .~ -i._ '0 ,. ',' !';,." ,. $-0;" ,... .i ._-.. .. .. .~ a .. .... ~ ~ .. .. . ;;-1 2E :.:c" ~ ~ .. 0 -, ~J - ~ .. < <..., ~$O . .. . ~, ~ ~ . :f . .. .. .-- ~ "". co . ,. . co '" .. . ..' ~ OQ' 00' "'" 009 ... ." ... ". or 591Td jrF<;'-'_"1 JIr" ~nr -~ ,....,...~... .....,. __iiii fll] ,. I~l _ or~U" ,.."n:.I....LI:.II.. M,..ll'-'f:Ttjlt~.-.--- C..A'i' fGS<lf fiN!" !;'XM'T- uF.O'll'" COAJ\St: .,....... ,"n'tE Co-.=PSE. C088\.f'5: GR...-vft ... ~-' "'liF.'" ~".rRC'''''' ........ t"'Oll'll -il.l " p....'S-...'-O.l'!_f~l .. !,~A-MP!-.E O!=' FROM 4-- ~M--- GOf.OP -riOt! ."I-E--So-T. ~S1~LT~- ~n ,.~ r-' - -,- MK~-14-2002 11:18 H-P GEOTECH I .u_,- '-', p.2 ,... '- ,,-.... ,"" Au ~ust. 2.0.,.. '9"8"5', Subject: Ex~avation Observation, Pr:>,~ed,. ~&in..'1~"~ Lot 5. Sunny Park North, I' a c."-. tir.c.X.e, Aspen, Colorado. .k1,"-.Ko...- 4.. ,~ aQ;. Bob SllIHh P.O. BolL 3-1-~ Aspen, CO 81612 ~ 3.fr: J TEis..l~Her_ pr,,<;..nts.. t.he.. r"~I1.rf:i .<U:= aJiS.f.r.'l.at.1.o.11.. ~Ctll.e, S.ubjellt excavation for the purpose of pre,viding foundation design' rlOCQlU",~1ia.t1~ k. Qn~r\l.ed. ~. ~~,,-v..t: ;n.n.~EL !"ii'lI1;. 1.4... ~ as requested by Bob Smith. We understane! the proposed residence~ toUll. be. .....2.5.QQ.. "q"..re. f.aQt. Sp.Lit..-Ie.II.U umd,.:";Qia.me. :U:r.u.c.ture. wi.l...1!.1 a garage on the lower level of the house. At t.1ie. tliLe.. 01:" 'our. v is.i:t to. Uie:slle., the. LOUncranon eltcaV!l""- tion had been cut in multiple levels up to 10 feet below the actjaae)1t. ~Q.\I.Qd:.5u.rCac.e.. !lie. eX<:3",-allOl. day.rr&lif;.ed.:to t"f\e soiIt"h, near Parle Circle. The materials exposed 1n the bottom of the~ ex.c:..avatian CQI'IlIUt.e.ri. at. O,rQloU:l",""" sTT~htTi sJ:lt:.y... sanity. iIJ"8Ve.t:. wt.~ cobbles and boulders. The coarse mater~al was mainly subangula~ Ul. angular.. Re.s.u.l.l:.a..<U:. a..g.r"-,r:.f,',,I'I..an.a.:..~:lls... p,~Lormed:.O,Il. a. ~a; sample taken from the site are shown on oi&. 1. .. Cons ide!: in~ the. condi.tiims. ~l:.PQ.Sect.:. :.il l!ie e.x.c:a.1Lat LOn ann. t;fiJ':', nature of the proposed construction, we recommend the proposed: ""s.idenc.""'. t>e.. (nllnd"d.~. s.p.l:~. f.0Q.l; inss-.. QD.. ~. =d i ~h""lieg't natural s011 designed for an allowable solI bearing pressure or 10:0a. pst:..:. r.i.terio.r: Coot:ili&;1 sIiOuI:iLd 5,} pr.ov icre:d: witn.' a..@'Cl!fa"t"ei c{,ver above their bearing elevations fOI" frost protection. Con-' t:lliu0U:!.. ro.u..n.crat.iO.n. waIIii.:snnll rri lie.re.fr t:6.t.c.e.d: Cap and'l:iil.t"t,om.. ~ span an unsuppqrted length of at least 10 feet. Areas of loose materiaL. ""',.o'lqh.r.ed.... .L. ~ fOlln,b.ti.w:l. b.eaJ;.iD.g... Le.y.eI:. 'w.LUliri. tli"J eXcavation should be removed and the footings extended down to. ad"'ll'ate. ""t 'll~aL 0""" fn Q: , mat:.e.riaL.. f"Qo..t.~. shQ.ulu. tiave' ~ minimum width of 16 inches for walls and 24 inches for columns. E'<>Wl<l..~ l.oo:l. . ......l.l.s... 0 "'m. 1 rl . b&.. d.." i SX'ed. l:.~. r~ 'll.s t... a-lat..eraL. e.ar:.t11:: pressure of at least 40 pcr equivalent fluid unit weight, Back-: f:UJ.. 5urf'n<le .,,-h,,"lt! .ba...s.IAp.erLt.o.. rf'..",'ji.sJ,,-ay_ fr.ciaL Uie:s..tt:u.c..t:ur.e tiL -~"""r- MAR-14-2002 11'18 H-P GEOTECH '.... r .vo. t..: p.3 ,- '"", ',.,Ii B"ii.fi Siit.t.:t h August ~O. 1986 e-.~ 2 j lW'~'lX'l>llj"lll I.l.ithtll a.t... r..,,~t. 1;0;., te.E:t.- or tli.e. !:ill;TtHnv. llAri:.;" ~eter. Roof downsQouts and drains should discharge well beyond ~. HJlli\-.. oC.,. a,U.., l=('ld'i..ll_. AA- lI.Illkt:.lkii.Ul.. s.~lIl- :sl:iQ"ri-f ~ provided to prevent wetting Of. the foun:lation and slabs at each l._Q,1 ~ 4. n~... r_~."I8.c1ltt io.a&. ~..h"1~ a t.ai.~ 1 ~ tv., ~iL h"'i.p.<:L ~ ~ observation ..o.r the soils e;posed within the foundation excaV8- t.-ioDlt.. SiRe. ~ 4.14.~ ~..^-C'"r~.....t: ..u.u.h.C"II....f~. Po-'K.plnr"t i 1"'1" ...... Wft-. nalLe.. assumed the conditions observed in the excavation represent those' ~. ~.. cI.e;l.th: Qf':u ,nf"F'''!l('e, orUi:e.. l,-r\i,nn"f'1bil.. In QJ:.d:er 1;0-., reveal the nature and eltent of vari,:tions in the Ilubsurface ~Q"'~iti.cAs... 0.11'\11 t.b.e.... ~X"'iYat.iQ:a..,..._ dr.ilIii1.&,....wnnrrr fie... r'e.'UJ.,.i:t.ed'.~.' ~ is possible the data obtained by subsurfaoe explorat 10n oould' Cll1an~. tlle- l''i'.......,..nfl.Vf. ,nnq ,c.o.ut" f"U'lo:t. iil ~ re:t1.:et _ ~aruat":l:"an-- of subsidence of the site due to undermining in the area is I b4.aocnd. t.ha..$('^J\Il. 04"~UiU.a~~ If there are any questions or if we may be of further assls- ~_"IiI", F'l~~u<i ~.~ A14ULte 4. cnnFe~Lo.=- nm--qe. \'u.y. U~lInn['~ (HEN AND ASSOCIATks, INC. DEH/ec )~ Daniel E. Hardin. P.E.) Recv-_ R.y,:.. s. [ p _ .............::Jp H-P GEOTECH p.4 C...r-t'r MAR-14-?B02 11'18 ,,; ,... ! , l:::l f ' l.:J ~ """ "'" dl"tland:. a.'is:ociait'..'\~i-nc. r 2. .dl ',,01. ...__...-......._ '._~.... I.,..... f I ... ;'_lli, .\I.^\..'l'''-t'\.. I "Y'S'!p_~.~', 10 t' .:~_,\S._~.l.At.::'I't....,I'o',', ~ 1;0. -yj'.o ''JC \$ ,., " ... ".... ..... JI.'. "V!i'~JIt'.,l,..,oIrt..,.~;...;. ...~,',"..!,.r,',. i ;;; ~ L i ~ ~ . .' .. . ~ .. . .0 .. ~ I .. ,. .. ... ~ ~ ... "30 .. ~ w 50 << .. ~. . .. ~ U .... " .. "'" '" ~ ~ 5 , .. ) ~ .. " -. = .J ..., "'~ t/], l)i~ ., l!fI S9O' "1"19 ,,,- ~. ....,;.~.. _. ]lr+" ."" "" ""- '" ")"2"~l- 041 a ." I t.., ,.1 W'IAAle,'t\ DIAMETER OF PAR':'ICLE IN Mlll.;M'ETEF-:. t FINE I SA~~~ ~;J STi.. TI\NO cr..lrv" CLAT '61ft r' 6fit""i!t.. I"i'itt"- r~ """""'- ,.0... ..... SANO ~~'.2.6 ~ .. .. If '1 uQ1.!lQ..UluU't . P'LASTIGi'f'V',NOt:^ SAUP'..E Of sandy g:taveI f'vut1;'K - H';' .....Ji~,; ~ l-i't'!)c;Ou~rE~ AN~lVSt~ !1~E.A".lO,NCS sle';~ ',a,NAt.:....SIS ~ 0"'1:"""""'--1'0'''''''''-''''''' . ""t?" " T I w ~ ::; rA 2i~ 1;';';:; ..~MtM 'S MIN SQ""I~ '9 WIN .. ~~"I I ....'N 'ZUO .... '!U ....0.)0 ." '0 " " .,' 1-',' '"" ,.... , .. 0 .. .-" ~ on , .. ~ f-. .. .. 0 ~ . 6tJ~ :!.. '. -~ ~ .. ~ "'. . ~ f...o .. w ... . . W.,: ~ ~'"S '" ., . '" .. .-. .~. .. ~. . ...... -.. ..... o:a~_. .9"'. '" ", 149. ~'H ~~ ". "'~ .,. '" 1\),1 "" '" 1211. t I -- ,. .,''''....~'C"!''';~P'T'!'Ct.f.dlI.aft~-~ ! "'.0 Fl~,r: I ~F.DllJ"" n;;ll\f\$ (;;n"","1" h"'lC " COAIl'$E'" \-~9ln. " l~i. Cl".,TO.S"U..... nR.o,v~_1. 5.ANO SIL T ",~-;o CI..A't " .. .., llOl/ltlUqrr ., "'" ~~ !'.~lk{)f. ""'""" , 4 297 86 ~C'ri\-A-6.T.lnN-. -r:t:-~T- '~;:~\-I ~ -T.s;.. t:in , ''+- TOTAL p, \37- .... ........ ~worth-PaWlak Geotechnical, Inc. 5020 County Road 154 GlenwoodSprings, Colorado 81601 Pbone: 970.945-7988 Fax: 970-945-8454 bpgeo@hpgeotecb.com March 26, 2002 Alain Degraeve P.O. Box 7975 Aspen, Colorado 81612 Job No. 102209 Subject: Review of Geotechnical Conditions for Lateral Earth Loading, Proposed Addition, 200 Sesame Street, Aspen, Colorado Dear Mr. Degraeve: As requested, by Bill Pollock with Zone 4 Architecture, we have reviewed the geotechnical conditions at the site for lateral earth loading design recommendations. We Were provided. geotechnical reports by Chen & Associates (1986) and CTL/Thompson (2001) conducted for development on the property. The current services were performed in accordance with our agreement for professional services with you dated March 21,2002. The proposed addition will be attached to the north side of the existing residence and be deeply cut into the hillside. The proposed construction is similar to the existing residence built in 1986. We are not aware.o.f..an. y.indicau.'ons. of.f())ll1d. ation movement prob1ems.w.I'th. . the existing residence. Foundat;ion,wWls;u.eproPosed to be up to 22 feet high along the Uphill perimeter \.."" ",',' '.....".. ,",,_"",f which will retain tlie hillside. The excavation is proposed to be sloped back to a stable grade a distance of about 35.to 40 feet uphill of the addition. The natural hillside grade in this area is about 30 to 35 %. The foundation has tentatively been designed based on the information provided in the Chen & Associates and CTL/Thompson reports. Based on our review and experience in the area, the proposed grading and foundation construction appears feasible based on geotechnical conditions. The following parameters are recommended for foundation design. I I I Parameter Value 4,000 psf 0.5 . 400 pcf* . Maximum Al10wable Bearing Capacity Sliding Coefficient Passive Earth Pressure .:: .-.'" ':':r;c. - ': ,'.'~,.. _', ',' ,.; Lateral Eiith:LOad,ing '. '. . n '. .'F()~C4tionWlllls'<li'hlgh '. FO)ll1datlon Walls :<: is' l}igh * equivalent fluid unit weight ** uniform pressure, H = wall height in feet. ~-.-, ^ >,.-..--. .. , . . ." A5p"n . ,ijil psi...., I"" '-' ...... "-' Alain Degraeve March 26, 2002 Page 2 Backfill placed behind foundation walls and against footings should consist of the on-site granular soils excluding rock larger than about 6 inches. Compaction should be to at least 95 % of standard Proctor density at near optimum moisture content against foundations and below hardscape, and to at least 90% of standard Proctor density in non-structural landscape areas. We should observe the bearing conditions for building foundation support at the time of construction. The uphill perimeter grade should be sloped away from the building a distance of at least 10 feet to a swale that is directed around the building. . The recommendations submitted in this letter are based on the information provided in the Chen & Associates and CTLlThompson reports and do not include subsurface exploration to evaluate the subsurface conditions for foundation and slope stability. This study is based on the assumption that soils beneath the footings and uphill of the building are dense uniform granular soils. The risk of foundation and slope movements may be greater than indicated in this report because of possible variations in the subsurface conditions. In order to reveal the nature and extent of variations in the subsurface conditions,. drilling could be performed. It is possible the data obtained by subsurface exploration could change the recommendations contained in this letter. The property is known to be underlain by old mine workings and could have a potential for future subsidence. If further evaluation of the mine risk subsidence is desired, we should be contacted. If there are any questions or if we may be of further assistance, please let us know. Sincerely, Steven L. Pawlak, P. Rev. by: DEH SLP/djg cc: SK Peightal - Attn: Craig Biere Zone 4 Architecture - Attn: Bill Pollock - - "....." '''!h~'' Alain Degraeve March 26, 2002 Page 3 References: Chen & Associates, 1986, Excavation Observation, Proposed Residence, Lot 5, Sunny Park Nonh, Park Circle, Aspen, Colorado, Prepared for Bob Smith, Job No.4 297 86, dated August 20, 1986. CTL/Thompson, 2001, Preliminary Geotechnical Recommendations, Degraeve Residence Addition, 200 Sesame Street, Aspen, Colorado, Prepared for Zone 4 Architecture, Job No. GS-3504, dated October 26, 2001. ( Q W en... 01&1 a.~ 01 a= a. ", .... w .... m COP IW 0= ....i! .... C /".-". Q 1&1 cnN OW a.= 0:1 a=- a. ,." '-" iLl ..I m CN _III oi ..1- ..I C "'-. ./ Q W U)M 011I D.~ 01 g:- D. ......~ ..-"' w ... m ccC') I~ oc ...! ... cC ,---. ....... " ' " ! \ It I I I . '" L._~J I ~ I I I I I \-. r:rV~v rJ \ ~~~$ 1 '" ~~<- ~v I Z ~~Q~~~ : ~ Yl I ll. 1/ w 1\ ~ I , U) ...... l I ...... 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I '\ ' I ~------ I ,~------T- I I ~ '~~,. ~ i ~ l(. L x~ i:s . ~t ,\ . " A '~ . ~ I I I ~ . Galen Bright, 02:10 PM 4/240004 -0600, Re: Planning Zoning Reviev' Page I of I X -Sender: galen@setterfieldrealtors.com@mail.setterfieldrealtors.com (Unverified) X-Mailer: QUALCOMM Windows Eudora Version 6.0.2.0 Date: Sat, 24 Apr 2004 14: 10:08 -0600 To: joycea@ci.aspen.co.us From: Galen Bright <galen@setterfieldrealtors.com> Subject: Re: Planning & Zoning Review Cc: saraho@ci.aspen.co.us X-MX-Spam: fmal=0.07555970 15; heur=0.5000000000(l800); stat=0.0090000000; spamtraq-heur=0.9000000000 (2004042105) X-MX-MA1L-FROM: <galen@setterfieldrealtors.com> X-MX-SOURCE-IP: [204.127.202.56] X-MailScanner-lnformation: Please contact the lSP for more information X-MaiIScanner: Found to be clean ~ h;b~t ,,[)\1 Re: 8040 Greenline Review for Alain DeGraeve at 210 Sesame St above Park Circle To Whom it May Concern: I have lived in and owned two different properties on Park Circle for over ten years. The whole Smuggler area has been in "transition" since that time and is slowly becoming a beautiful neighborhood to live in. The project that Alain DeGraeve has completed so far on Sesame Street is a vast improvement to our neighborhood. In particular, the landscaping along the top of the ridge above Park Circle blends in beautifully with the natural environment of Smuggler Mountain and will help mitigate the erosion problems there. The entire development has been carefully planned and thought out in a way that has minimal negative impact, while greatly improving the overall aesthetics of our neighborhood. I urge you to allow him to continue to develop the rest of this site with the same quality design, materials and landscaping as he has used so far. Hopefully other property owners will follow suit and improve their homes and landscaping as welL Sincerely, GC<.-leA'tI Galen Bright, VP I Broker Associate Setterfield - REAL TORS, Inc. 407 South Hunter Street #3 Aspen CO 81611 CELL: 970-379-3877 FAX: 970-920-1837 Office phone: 970-920-9762 www.setterfieldrealtors.com . galen@setterfieldrealtors.com Printed for Sarah Oates <saraho@ci.aspen.co.us> 4/26/2004 Chuck Rowars, 06:21 PM 4/24/2004 -0600, Degreave Itr 4.24.04.doc Page I of I From: "Chuck Rowars" <cmr@pelicanbays.com> To: <joycea@ci.aspen.co.us> Cc: <saraho@ci.aspen.co.us> Subject: Degreave Itr 4.24.04.doc Date: Sat, 24 Apr 2004 18:21 :40 -0600 X-Mailer: Microsoft Office Outlook, Build 11.0.5510 Thread-Index: AcQqWOeXjPt5ZsHXQC6c YXYR YWFYBA~~ X.OriginaIArrivaITime: 25 Apr 200400:21:07.0648 (UTC) FILETlME~[3406FCOO:0 lC42A5B] X-MX-Spam: final~0.2274929720; hem=0.9557864450(5300); stat~0.0090000000; spamtraq.heur=0.6000000000 (2004042105) X-MX-MAIL-FROM: <cmr@pelicanbays.com> X-MX-SOURCE-IP: [66.172.136.132] X-MailScanner.lnformation: Please contact the ISP for more information X-MaiIScanner: Found to be clean Please consider this letter at your next 8040 Greenline meeting. r am sorry that i cannot attend, as I will be out of town. Ref: 8040 Greenline application submitted by Alain Degraeve for redevelopment of 210 Sesame Street To whom this may concern. I would like to present you with this letter in support of the above referenced 8040 Greenline application. I am an immediate neighbor of Mr. Degraeve and have reviewed his plans for the construction of a new residence at 210 Sesame. I have lived at my current home for over ten years and I am very familiar with the previous residence on said lot as constructed by Mr. Barry Siegel. It is undeniable that Mr. Degraeve has contributed a lot in improving the immediate vicinity of Sesame St and Park circle as well as the entrance to the Smuggler Mountain trail and parking area. He has planted hundreds of trees and literarily transformed the experience of the lower smuggler mountain area. The same holds true for screening his current home from Park circle and my private residence. He has landscaped lands that belong to other homeowners (with permission) including my own. He is a man of his word and is committed to improving the neighborhood. The house as proposed is a vast improvement of the previous residence that was built in the mid 80's. He house will be set further into the hillside away from Park circle therefore minimizing the visual impact from the street. By using flat and curved roofs, Mr. Degraeve's home will be well below the allowed height limits as allowed by the Aspen building code. This project will contribute to improving the neighborhood. Thank you for your consideration in this matter Chuck Rowars Printed for Sarah Oates <saraho@ci.aspen.co.us> 4/26/2004 Greg Karaus, 06:35 AM 4/2,,/1004 -0600, 8040 Greenline Review for- ',Iain Degraeve Page I of I X-Sender: gregkar@rof.net X-Mailer: QUALCOMM Windows Eudora Version 6.1.0.6 Date: Mon, 26 Apr 2004 06:35:52 -0600 To: saraho@ci.aspen.co.us,joycea@ci.aspen.co.us From: Greg Karaus <gregkar@rofnet> Subject: 8040 Greenline Review for Alain Degraeve Cc: ard@aspenwave.net X-MX-Spam: final=0.0090000000; heur=0.5000000000(0); stat~0.0090000000; spamtraq-heur=0.5000000000(2004042I 05) X-MX-MAIL-FROM: <gregkar@rofnet> X-MX-SOURCE-IP: [216.237.72.68] X-MaiIScanner-Information: Please contact the ISPfor more information X-MaiIScanner: Found to be clean Dear Sarah Oates & Joyce Allgaier, I am writing with respect to the 8040 Greenline Review of Alain Degraeve's submittal for a home on Sesame Street. As an owner in the Smuggler Cove Condos, our home is probably the closest in proximity and elevation of any adjoining property excepting Alain's own home. As 1 understand the submittal, Alain is proposing to locate a new home at a location that is further away from the edge of the property (and edge of the hill) than the previous home. 1 am wholeheartedly in favor of such a move. My major objection to the previous home was its closeness to the edge of the property on a hillside whereby anyone standing on the main or 2nd level of the home could look directly down into our bedrooms. And at the old location, the home was extremely visible and overpowering due to looking "up" at it: The previous home also had numerous exterior lights (spots and recessed) that were on motion sensors which were triggered regularly by animals; with the resulting light shining into our bedroom windows. Even recessed down lights would shine into our windows due to the elevation difference and closeness to the edge of the hill. This was a complaint that was also expressed by neighbors. While current lighting regulations would help this, the further back the house is placed, the less the lighting impact: Alain has just completed his own home on the adjoining lot: While that home is large, he has taken steps to make the home less visible; from adding the additional space to the rear of the home to landscaping the entire edge of the property. With these improvements in place, the home is considerably less noticeable than the previous smaller home. He has continued this . landscaping barrier across the proposed building site for the new home which should help minimize the visual impact of that home also. The further back the new home is placed, it will be even less visible above this screening. And conversely, if the home is placed in the original location, the more visible it will be. Since the demolition of the old horne, we have enjoyed the additional sunlight and views of the sky that we did not have before. While we realize that the new house will still impact this, the further from the edge of the hill it is placed, the more sun and sky we will see, the less lighting will be an issue and the more privacy it will create. Thank you for considering my comments. Sincerely, Greg Karaus 510 Park Circle Aspen, CO 920-3866 Printed for Sarah Oates <saraho@ci.aspen.co.us> 4/26/2004 Steve Miller, 10:09 AM 4/28/2004 -0400, 8040 Greenline review application Page I of I From: "Steve Millerlt <smiller@rex3.com> To: <saraho@ci.aspen.co.us> Cc: <joycea@ci.aspen.co.us>, <ard@aspenwave.net> Subject: 8040 Greenline review application Date: Wed, 28 Apr 2004 10:09: 19 -0400 X-Mailer: Microsoft Outlook, Build 10.0.3416 Importance: Normal X-MX-Spam: final~O.O 134395222; hem=0.5000000000(700); stat~0.0090000000; spamtraq-hem=0.6000000000 (2004042705) X-MX-MAIL-FROM: <smiller@rex3.com> X-MX-SOURCE-IP: [216.216.134.244] X-MaiIScanner-Infonnation: Please contact the ISP for more infonnation X-MailScanner: Found to be clean To whom this may concern: Ref: 8040 Greenline Review for 210 Sesame Street, Alain Degraeve Please accept this letter in support for the May 4th P&Z review of Mr. Alain Degraeve's 8040 Greenline Review. I will be out of town for this hearing, otherwise I would have attended. I am a homeowner on Ardmore Drive in the Smuggler Mountain neighborhood. I have witnessed some of the transformations for the better of our area surrounding Park circle and the entrance to the Smuggler Mountain hiking trail. Mr. Degraeve has contributed a great deal in these improvements. I was familiar with the previous residence that was located at 210 Sesame street and have seen the plans for the new proposed residence. My wife and I believe that the project will be beneficial to the neighborhood and will most certainly be a vast improvement for the immediate neighbors over the old house. By pushing the house into the hillside and utilizing curved and/or flat roofs, Mr. Degraeve's home will be less visible from Park circle than the previous home. The vast landscaping installed by Mr. Degraeve will further camouflage a large part of the development. Thank you for your consideration Steve and Dawn Miller 138 Ardmore Drive Aspen, CO 81611 925-3905 Printed for Sarah Oates <saraho@ci.aspen.co.us> 4/28/2004 To: City of Aspen planning and zoning From: Peter Fomell Date: April 26, 2004 Re: development at 210 Sesame Dear Sirs, I am the owner of 402 Midland Park Place located near the proposed development by Alain Degraeve. Recently I took the time to visit the site in order to review what is taking place. I reviewed the plans, looked at zoning, FAR, setbacks and a quick review of what I considered to be the important impacts related to the project. I view the design as appropriate to the area and did not see that any out ofthe ordinary requests are required. The home seems to well hidden and landscaping assists the design. As we looked further, I believe that the home is consistent with the spirit ofthe zoning it lies within. Based on this, I feel comfortable that the design, size and scale is one that will fit into our neighborhood. Based on this, I support his application and strongly urge that you review the development favorably. Sincerely, Peter Fomell .r'-- '-.J ........ '-' Joseph Wells Land Planning 602 Midland Park Place Aspen, Colorado 81611 Phone: 970.925.8080 Facsimile: 970.920.4378 e-mail: WeDsAspen@aol.com April 'Zl, 2004 Ms. Sarah Oates Gty of A$pen Community Development Dept Hand Delivered RE: 8040 Greenline Review, Aspen Electric Subdivision Lot 2. Dear Sarah: I am writing to you regarding the 8040 Greenline Review application filed on behalf of Alain Degraeve for Lot 2, Aspen Electric Subdivision. I have a business relationship with Mr. Degraeve but I have had no involvement at all in the proposal currently pending before the Planning and Zoning Commission. My understanding is that the proposed residence is replacing a residence on the lot which previously obtained 8040 Greenline Review approval. This residence, which has now been demolished, appears to have been located further to the west, and therefore more visible from the neighborhood, than the proposal before you now. The garage of the new residence has been located just inside the property, thereby reducing auto circulation on the property as much as possible. I am currently a resident of the Midland Park Condominium project located at the base of Smuggler Mountain. Residents of Midland Park should be able to see the proposed residence located on Lot 2, well above our condominium project, as they are proceeding north on Midland Avenue to Midland Park. However, because the Salvation Ditch skirts the outer brow of the hillside, forcing a design solution for Lot 2 which is tucked backed into the hillside, I doubt that the house will actually be visible once residents enter onto Midland Park property. Even if the proposed residence is briefly visible from the westernmost part of Midland Park, all thirty seven units at Midland Park were sited with their primary orientation to the south, away from Smuggler Mountain, so no one's principal .view is affected in any way. While many of us woUld like to prevent further subdivision on Smuggler Mountain through the purchase of undeveloped private property, I believe that it has been well established that Lot 2 is a recognized residential development site. I appreciate the sensitive design solution proposed for this single-family home. I support the adoption of your conditions aimed at preventing mudflow, rockfall and erosion on the site, which would be of concern to the neighborhood if any required mitigation is not undertaken as a part of the construction. /.. .. - .....~-' Apri127, 2004 Ms. Sarah Oates Page two of two Thank you for the opportunity to express my opinions about this proposal to the Planning and Zoning Commission. Joseph Wells Page I of] -..,.pT Date: Tue, 27 Apr 2004 16:46:06 -0400 From: MaryDMoyer@aoLcom To: saraho@ci.aspen.co.us Cc: joycea@ci.aspen.co.us Subject: Alain Degraeve 8040 Greenline AppL X-Mailer: Atlas Mailer 2.0 X-AOL-IP: 207.224.54.10 X-MX-Spam: final~0.07555970 15; heUJ=0.5000000000(900); stat~0.0090000000; spamtraq-heUJ=0.9000000000 (2004042105) X-MX-MAIL-FROM: <marydmoyer@aol.com> X-MX-SOURCE-IP: [64.12.] 38.207] X-MaiIScanner-Information: Please contact the ISP for more information X-MaiIScanner: Found to be clean Dear Sarah, With regard Alain Degraeve's new construction on Sesame Street, I would like it to be known that we are in favor of his building site being pushed back into the hillside. I find this location to be much more favorable to the overall neighborhood, and to us specifically. We live on Park Circle directly below Alain's building site. We have been very happy to benefit from his desire to plant numerous evergreen trees above us. I find all the work that has been done on this site, as well as the previous building site, to be a benefit to our neighborhood. Please feel fiee to call me if you have any questions regarding this matter. Sincerely, Mary Moyer file://C:\DOCUME-I \saraho\LOCALS-1 \ Temp\eud3E.htm 4/27/2004 Pnaspen@aol.com. 08:26 AM 4/28/2004 -0400, No Subject Page I of I Date: Wed, 28 Apr 200408:26:03 -0400 From: Pnaspen@aol.com To: saraho@ci.aspen.co.us Cc: joycea@ci.aspen.co.us X-Mailer: Atlas Mailer 2.0 X-AOL-IP: 64.80.22.254 X-MX-Spam: final~0.0090000000; heuFO.5000000000(900); staFO.0090000000; spamtraq-heuFO.5000000000 (2004042105) X-MX-MAIL-FROM: <pnaspen@aoLcom> X-MX-SOURCE-IP: [64.12.137.4] X-MaiIScanner-Information: Please contact the ISP for more infonnation X-MaiIScanner: Found to be clean To Whom this may Concern: Ref: 8040 Greenline application submitted by Alain Degraeve for Sesame Street development I own a home at 327 Midland A venue.! am familiar with the proposed plans for the reconstruction of a private residence at 210 Sesame Street and am familiar with the previous residence that was located on the same lot that has since been demolished. It appears to me that the new home's design, location adn massing are a vast improvement and that the home will be a very nice addition to the neighborhood. I believe Mr Degraeve has attempted to reduce massing and height by pushing the home into the hillside which in turn has made it less noticable from our location and the Park circle area. We also feel that mr. Degraeve has contributed to our neighborhood by doing substantial landscaping that has made the general area more attractive. The experience of driving on Park circle as well as the entrance to the Smuggler mountain trail has changed for the better since the landscaping was installed. We urge you to approve this application. Sincerely, Paul Nicoletti 327 Midland Aspen, CO 81611 9480757 Printed for Sarah Oates <saraho@ci.aspen.co.us> 4/28/2004 c o s~j't1,'<<~_ ~ "- ./f_ .15#9 A~, t?,&,ttuIt, 8/6/.2 IF - --- - - April 28, 2004 City of Aspen Planning & Zoning Commission 130 S. Galena Aspen, Colorado 81611 Re: Lot 2, Aspen Electric Subdivision - 210 Sesame Street, Aspen, Colorado Dear Members of the City of Aspen Planning & Zoning Commission: I am a homeowner who lives in the Midland Park Condominium complex part of which is adjacent to Lot 2 of the Aspen Electric Subdivision ("Lot 2") currently owned by Mr. Alain DeGraeve. I am writing to request that the 8040 Greenline Review by the City of Aspen Planning & Zoning Commission be tabled prior to the issuance of a building permit for Lot 2 pending further investigation of certain issues which are set forth below. When the Aspen Electric Subdivision was created, Lot 2 included 8,000 sq. ft. of public land donated by the County to its previous owner, Mr. Barry Siegel, to accommodate the development of deed restricted affordable housing that Mr. Siegel offered to build on Lot L Almost all of the donated land by agreement between the County and Mr. Siegel was to remain open space. In a telephone conversation I had with Mr. Siegel on Wednesday, April 28, 2004, he indicated that during the negotiations with Mr. DeGraeve concerning the sale of Lot 2, Mr. DeGraeve was made well aware of the public open space restrictions placed on the 8,000 sq. ft. parcel donated by the County. In addition, these restrictions were clearly evidenced as an exception to the title on Mr. DeGraeve's warranty deed which restrictions are shown in Resolution of the Board of County Commissioners of Pitkin County, Colorado, No. 92-387, recorded November 13, 1992 in Book 694 at Page 447 as Reception No. 350755. Mr. Siegel also indicated that the purchase price took into account that Lot 2 was impacted by the fact that only 753 sq. ft. of the donated parcel were allowed to be developed.' Therefore, I would request that the meeting scheduled for May 4, 2004 at 4:30 p.m. by the City of Aspen Planning & Zoning Commission be tabled so that Mr. Siegel's agreement with the County as to the open space restrictions on Lot 2 can be further researched. Very truly yours, iJilcq~ Shael Johnson attachment: (J) plat map cc: Aspen City Council John Worcester, Attorney Board of County Commissioners John Ely, Attorney Sarah Oates , See attached Final Plat of Siegel -Mascotte Lot Line Adjustment that shows the allowable future building envelope within the land donated by the County as referenced in Resolution No. 92-387. ...,,/ From: Cindy Houben Midland Park Homeowner Dear City Planning and Zoning Commission, Please find attached a Resolution and deed regarding the Mascotte lode. The 1992 resolution restricts the 8,000 square feet to a limited development of area of753 square feet. This 8,000 square feet was donated by the County for the purpose of adding the necessary amount ofland area in order for Mr. Barry Siegel to split his lot and build affordable housing on Park Circle. No use of the actual land area was to be allowed. The proposal before you uses almost the entire 8,000 square feet of publicly donated land for a private residence. The attached deed indicates that the above noted resolution was an exception at the time of sale. I urge you to table the request before you until these issues are resolved. Once you give approval, a building permit may be requested and there will be no opportunity to further investigate this issue. , '""" ~. . ....., , 11350755 11/13/92 15:21 Rec $.00 Bf' 694 PG 447 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 I ! L \" I RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING THE ASPEN ELECTRIC SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT Resolution No. 92-.J.l1 RECITALS 1. Barry and Sharon siegel (hereinafter "Applicants") are the owners of real property in the portion of pitkin County known as Lot 3 , Sunny parkNorth SUbdivision withir: the City.of Aspen. 2. The Applicants wish to add land to their lot from adjacent property owned by'pitkin county and located in section 7i Township 10 South; Range 84 Westi commonlY known as the Mascotte and 99 Lode parcel. 3. The purpose of the lot line adjustm~nt is to accommodate / the subdivision of the previouslY identified Lot 3 of the Sunny Park North Subdivision in order to allow the development of a triplex to be deed restricted for affordable housing. 4. . The Applicants have proposed a lot line adjustment pursuant to Section 4-2.2(a) (2) of the pitkin County Land Use Code. s. The Board of county commissioners considered the Applicants . request at a regularly scheduled public meeting on October 13, 1992. 6. The Board of county commissioners found the proposed Lot Line Adjustment to be consistent with the pitkin County Land Use Code criteria for a Lot Line Adjustment. NOW, THEREFORE, BE IT RESOLVED by the pitkin county Board of county commissioners that it hereby grants a Subdivision Exemption for a Lot Line Adjustment to the Applicants pursuant to section 4- II - "-, .... ~ #350755 11/13/92 15:21 Rec $.00 BK 694 PG 448 Silvia Davis, Pitkin Cnty Clerk, Dac $.00 Resolution No. 9~-~ Page 2 2.2(a) (2) of the Pitkin County Land Use Code subject to the following conditions: 1. Prior to recordation of a subdivision exemption plat the applicant shall obtain the necessary rezoning , subdivision and special review approvals from the City of Aspen for the affordable housing project. 2. The Applicant shall prepare a Lot Line Adjustment Plat which includes all pertinent easements for access, trails, ditch maintenance, and utilities and meets the approval of the COUn~yAttorney and the county Engineer prior to recording. 3. The Final Plat shall include a building envelope, as approved by the Board of County Commissioners, de,finina the miniTT11111\ area nec"""ary 1-0 ",-ccommodate "'-n exPansion to the Siegel's ~i"1-;ng hG~~9~quivalent to the preexisting allowable, ~ The building envelope shall be allowed to encroach on the land being added to lot 3 from the Mascotte and 99 Lode parcel a maximum of 753 square feet. Said area of encroachment shall, be indicated on the approved Final Lot Line Adjustment Plat. " , 4. Any development within the approved building envelope shall be for expansion of the existing dwelling unit only and no other freestanding structures or development of any kind shall be allowed within the area being added to lot 3 from the Mascotte and 99 Lode parcel. 5. Any future expansion of the existing dwelling unit, on the newly-created lot 2 of the Aspen Electric SUbdivision, shall be subject to 8040 Green Line review pursuant to section 24- 7-503 of the Aspen Municipal Code. Such review shall apply to the entire addition, including any portion that may extend beyond the Aspen City limits onto the area added to said lot 2 by the action of this lot line adjustment. 6. The final plat for the sunny Park North Subdivision shall be amended to reflect the requested lot line adjustment. APPROVED by the Board of County Commissioners of pitkin County on October 13, 1992. ~ ""trY OF ASPEN _~ . HAETT PAID '_ / DATE REP NO. . :..y.pt/J.;.2. rnl-f- /5'150 fiJ =- .... ~ LLJ IX ~ .... l- CE ~ ('I')~ It)C::O Sffi CO~ U)~ ""1- 'O<::l ~ ~ CITY OF ASPEN WRETT PAID DATE REP NO. i"';;>1!o:J- Md 1s"'7~-() ''-,.",'' WARRANTY DEED THIS DEED, Made this J 9 th day of May BARRY C. SIEGEL AND SHARON L. SIEGEL :;zoo::!: ,between of the said County of 'PITKIN ALAIN DEGRAEVE and Slate of COLORADO . grantor, and whose legal address is PO BOX 7975 ASPEN, CO 81612 of the said County of PITKIN and State of COLORADO DY~' lice c-t-~ , grantee: .... g: .... -- en ..... -- 00 <S> WlTNESSE11I, Thai the grantor for and in consideration of the sum of T_n dollar.. and other good and valuable consideration DOLLARS, the receipt and sufficiency of which Is hereby acknowledged, has granted, bargained, sold and conveyed, and by these present! does grant, bargain, sell, convey and confinn, unto the grantee, his helrs and assigns forever, all the real property together wilh improvements, if any, situate, lying and being in the said County of PITKiN and State of Colorado described as follows: 'Lot 2, ASPEN February 19, ELECTRIC SOBDIVISIO~, according to the Plat thereof recorded 1993 in Plat Book. 30 at Page 85 aa Reception ~ <;P ~~ COUNTY OF PITKIN, STATB OF COLORADO also known by street and number as: 210 SESAMB STRBET, ASPBN, CO 81611 TOGETHER wilh all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, Issues and profirs rhereof, Bnd alt rhe estate, right, title, interest, claim and demand what~ soever of the grantor, either in law or equity, of, in and to the above bargained premises, wilh the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and Bssigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant. grant, bargain, and agree [0 and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and Indefeasible estate of inheritance, iq law, in fee simple, and has Rood right, full power and Jawfulauthority to grant, bargain, sell and convey the same in manner and (ann as aforesaid, and llJat the same are free and clear from all former and other grants, bargains, sales,liens, taxes. assessments, encumbrances and restrictions of whatever kind or nature soever, except those specific Exceptions shown on the attached as -2XHIBIT 1". The grantor shall and will WARRANTY AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons laWfully claiming the whole or any part thereof, The singular number shall Include the plural, (he plural e singular, and the use orany gender shall be applicable to all genders. IN 58 WHEREOF, the r has exec this deed on the date set fonh above. -S~~E~ ,<!J~~ / State of COLORADO ) )ss. County of PITKIN ) The foregoing instrument was acknowledged before me this ~ by BARRY C. SIEGEL AND SHARON L. SIEGEL day of fY\CL'-f My commission expires Witness my h'Jl"d official ,..I. . Ini /vJ0 Notary Public '&'2LlJ/J- Amanda Bartlett Viy Commission Expires August 20, 2002 me No. 00019581 Stewart Tide or Aspen. Inc. No.9J1A WARllANTY DEED (For Photo....pbk Reen) CY9l2ANEW) .....1m " . ,r5JJ k' iI\,,\,.\)', \<:.,'. (\J""1,,~-:5H~Q\-). 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(^4 a1qeo 6u,pnTou,) s~uawas~a A~,T,~n uo,~nq,3~s,a 't BBS6~000 138qmnN 81.4 SNOI.Ld:il;)Xll 1 .LUlIHX:iI I':' )! ~ ~ :; , . .' ...... ""'" '"'' , ,'...... 0?{c-t--t(\. H' Architects Heidi H. Hoffmann. .-\1/\ 504 Midland P;:uk PI. Aspen. CO HI (j 1 I 9701925-9420 Fax 970/923-4671 Iltltlarch@rof.net April 29, 2004 Planning & Zoning Commissioners City of Aspen 130 S. Galena Aspen, CO 81611 RE: 210 Sesame St.-Lot 2 Aspen Electric Subdivision 8040 Greenline Review and Review Standards to vary ADD Design Dear Commissioners: I am a homeowner in Midland Park and a member of its Board of Directors. Attached you will find a letter I have written to the City Council with copies to you and to the County Commissioners outlining our concerns when this parcel was annexed into the City last June, 2003. A group of us had a chance to present our fmdings at a BOCC study session on Tuesday, April 27. The Commissioners have directed the County Attorney to research our concerns with respect to the prior restrictions attached to the 8000 S.F. parcel ofland that was DONATED to the former owner of Lot 2 Aspen Electric Subdivision to create a multi-family affordable housing project that now exists on Park Circle. That parcel was sterilized from further development except for a 753 S.F triangle that would maintain the current owner's existing FAR development without penalizing them for creating this affordable housing. Because of these concerns, we ask that you TABLE the public hearing on Tuesday, May 10, 2004. We are not opposed to redevelopment of 210 Sesame St. We just ask that the existing restrictions that were transferred and documented in the owner's warranty deed be adhered to in perpetuity for this approval. Since the public hearing addresses the 80100 Greenline Review standards and the ADU, here are my comments: I) #1 Suitability for redevelopment of this "parcel" should be restricted to what is set forth in the current owner's warranty deed (Reference Exhibit I, # II), whereby further development be restricted to the 753 S.F. triangle as indicated on the enclosed map. 2) #2 Water consumption for irrigating the current and future landscaping of over 600 blue spruce trees and landscape materials has not been identified, quantified and addressed. 3) #10 & #11 Future trails have been identified located along current ditch easements. Because the driveway easement is on County land, was the County asked about this future possibility? In the East End we lack continuous trail access to both the east end Highway 82 trail and the Rio Grande trails. c - - 4) #5 The annexed parcel (Reference Warranty Deed, Exhibit I, #11) was to be sterilized from any disturbance to the terrain except for the 753 S.F. triangle allowed for an addition or redevelopment of the "mother" parceL Earthwork has been ongoing on this lot including Sunday mornings and late at night during the week. We are neighbors, so we hear it. and we see it. 5) #6 Setback requirements should adhere to the existing warranty deed restrictions on the annexed parceL There is NO clustering of this structure. It sprawls and climbs up Smuggler Mountain and does not maintain open space where designated and sterilized per County restrictions imposed on the donated land when transferred to the former owner for affordable housing. Some might call this "double dipping:' 6) #7 On behalf of my Board, I cannot grasp the final design and articulation from this preliminary and schematic presentation: Bulk, mass and materials including the amount of glazing and where it is oriented are not clearly indicated on the drawings Uust "words" to that affect). Although the City has ordinances that control exterior lighting, light pollution from extensive glazing surfaces is not controlled. But if this approval is passed, we the neighbors and the City have to live with whatever changes may come due to architectural, structural, financial and ensuing developer requirements. An inordinate amount of embodied energy will be going into the redevelopment of this annexed parcel to create the foundation retaining walls as they step up the hill and the rusting steel to clad the walls and roofs. Flat roofs are fine, but they do allow more volume and mass under them, as opposed to the height of gable roofs. Having practiced architecture in this community for over 25 years. I believe that what we see today on paper will not necessarily be what is physically built. Today's approval allows no recourse for future design/build changes. 7) # 11 Are we able to see the recommendation of the Parks/Recreation/Trails Plan "to the greatest extent practical" including the recommendation of the County on which the driveway has an easement? The gate off of Smuggler Mountain. Road is understandable to keep cars from mistaking the driveway for the road up Smuggler, but what about the public who walk the trails along the ditch whether or not they are designated as such? What about the Salvation Ditch Board and their recommendations? 8) Special Review Standards to vary the ADU design standards: Comment # 1 Please understand the detachment of a 350 S.F. dwelling unit next to a 9,000 S.F. house and the subsequent massing affect. Ifit is a true carriage house concept, the ADU would be located above the garage element to add balance to the overall massing. Otherwise it will look like a mouse against an elephant. Comment #2 The 8000 S.F. donated (with restrictions) parcel from the County to the original owner to create affordable housing in 1992, and then annexed into the City and subsequently rezoned to City setback requirements should not result in additional "affordable" housing whether the current owner intends to use it as such or not. The City and County already created the "affordable" housing in 1992. My recommendation is to deny the ADU. lfwe were to allow this ADU, some might call-this "triple dipping:' I am out of town from May 2-1 L Thank you for your time and attention. Very truly yours. Heidi H. Hoffmann Al ~~ CC: Sara Oates, City Community Development Attachments .,- "-' - - \~~i~' ~~' , . /,-t--- -\'--- ~".,,'I",-,-,-l H' Architects Heidi H. Hoffmann, .\1,\ April 26, 2004 504 Midland Park PI. Aspen. CO HI (; I I 970/925-9420 FC1X 970/92S-4G71 t11111arct1@rof.tlf't Aspen City Council 130 S. Galena Aspen, CO 81611 RE: 210 Sesame St. - Lot 2 Aspen Electric Subdivision Dear Council Members: I am a homeowner in Midland Park, which is adjacent to the above-referenced proposed development that goes before the Planning and Zoning Commission review next week, Tuesday, May 4 at 4:30 p.m. for an 8040 Greenline Review and ADU Addition. Unfortunately I will be out of town for that public hearing. I am deeply concerned about the proposed development on publicly donated land (County Resolution 92- 387) with restrictions that sterilized the land from further development. These restrictions can be found in the Warranty Deed (Exhibit 1 #11) when the current owner bought the property. My concern to you as elected City Representatives is the following: L When the publicly donated and sterilized land was annexed into the City (Ordinance 35-2003), why was this annexation initiated by the City and not by the property owner? As I have learned, annexation initiated by the City only requires public noticing in the newspaper and with a sign on the property and no notice to the neighboring property owners. If this annexation was initiated by a private individual, notice would have been sent to us regarding the public hearing that was held in June, 2003. Many of us in the Midland Park neighborhood are very familiar with the Mascotte-Lode open space history and previous attempts to use part of the parcel for development in exchange for the Auster property in Hunter Creek or a trade with Wilk Wilkinson on Smuggler. 2. Precedent that is established when a private individual PROFITS over publicly DONATED land that in "good faith" was to be sterilized from development forever. We as a community risk future landowners not donating their property for open space or conservation easements. I have other concerns about ongoing landscaping (which seems to always happen on Sunday mornings), rockwork, access gate, fencing, ditch easements. future elimination of trail access, loose dogs, fire truck access, but I digress from the two most important issues outlined above. Thank you for your time and attention. Very truly yours, ctJ.e.--t eel Heidi H. Hoffmann AlA CC: City of Aspen Planning & Zoning Commission Board of County Commissioners I . 1I30:s:s 11/13/92 15:21 Rec S.OBt( 694 PG 447 Silvia Davis, Pitkin Cnty Clerk. Doc s.OO f RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS I OF PITKIN COUNTY, COLORADO, GRANTING THE ASPEN ELECTRIC SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT Resolution No. 92-~7 RECITALS 1. Barry and Sharon Siegel (hereinafter "Applicants") are the owners of real property in the portion of Pitkin County known as Lot.3, Sunny Park North Subdivision wi thi~ the City.. of Aspen. 2. The Applicants wish to add land to their lot from adjacent property owned by Pitkin County and located in Section 7; Township 10 South; Range 84 West; commonly known as the Mascotte and 99 Lode parc;:el, 3. The purpose of the lot line adjustm~nt is to accommodate the subdivision of the previously identified Lot 3 of the Sunny Park North Subdivision in order to allow the development of a triple>: to be deed restricted for affordable housing. 4. The Applicants have proposed a lot line adjustment pursuant to Section 4-2.2(a) (2) of the Pitkin County Land Use Code. 5. The Board of County Commissioners considered the Applicants . request at a regularly sch~duled public meeting on October 13, 1992. 6. The Board of County commissioners found the proposed Lot Line Adjustment to be consistent with the Pitkin County Land Use Code criteria for a Lot Line Adjustment. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County commissioners that it hereby grants a Subdivision Exemption for a Lot Line Adjustment to the Applicants pursuant to section 4- ~755 11/13/92 15:21 Ree $c:i 8K 694 PG 448 Silvia Davis, Pitkin Cnty Clerk. Doe $.00 . Resolution No. 9~~ Page 2 2 . 2 (a) (2) of the Pitkin county Land Use Code subj ect to the following conditions: 1. Prior to recordation of a subdivision exemption plat the applicant shall obtain the necessary rezoning, subdivision and special review approvals from the city of Aspen for the affordable housing project. 2. The Applicant shall prepare a Lot Line Adjustment Plat which includes all pertinent easements for access, trails, ditch maintenance, and utilities and meets the approval of the coun~y Attorney and the county Engineer prior to recording. The Final Plat shall include a building envelope, as approved by the Board of County Commissioners, defining the minimum area nec:essary to accommodate an expansion to the Siegel's existing house equivalent to the preexisting allowable FAR. The building envelope shall be allowed to encroach on the land being added to lot 3 from the Mascotte and 99 Lode parcel a maximum of 753 square feet. Said area of encroachment shall be indicated on the approved Final Lot Line Adjustment Plat. 3. * 4. Any development within the approved building envelope shall be for expansion of the existing dwelling unit only and no other freestanding structures or development of any kind shall be allowed within the area being added to lot 3 from the Mascotte and 99 Lode parcel. 5. Any future expansion of the existing dwelling unit, on the neWly-created lot 2 of the Aspen Electric Subdivision, shall be subject to 8040 Green Line review pursuant to Section 24- 7-503 of the Aspen Municipal Code. Such review shall apply to the entire addition, including any portion that may extend beyond the Aspen City limits onto the area added to said lot 2 by the action of this lot line adjustment. The final plat for the Sunny Park North Subdivision shall be amended to reflect the requested lot line adjustment. APPROVED by the Board of County commissioners of Pitkin County 6. on October 13, 1992. #350755~/13/92 15:21 Rec $.00 BK~~ PG 449 Silvia ~is, Pitkin Cnty Clerk, Do~$.OO Resolution No. 9~Jtt7 Page 3 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By ~ ~~J- ~~ True, Chairman ate 1I/'Z./"2-- I I ~ --. APPROVED AS TO FORM: APPROVED AS TO CONTENT: su~nc~~ Planning Director ~~~ Timothy E. Whi.%Sit County Attorney TGM reso_aspen_lla .... ~ -- ~ -- on - ~ ..... ~ i!5 - 0- ~ ('I')~ It)""" il 'O<J ?; ?; ~DEED THIS DEED. Mlde thl. :.I9~day of Xay BARRY C, SIBaBL AHD SHARON L. SIBaBL ,,' .... - . 2002 . betweeo of the .ald County of 'I'rItIN ALAJ:N DBCJRABVII and Stale of COLORADO . arantor. and whose lepladdreSl is .0 BOX 7975 M'D, CO 81612 of the said County of PXTICIN and Slate of COLORADO DY~' JlcC (,t-J I erantec; WITNESSETH, Thai the lrantor for and an consideration of the sum of r.n dollar. and oth.r good and va1uab1. con.id.ration DOLLARS. the receipt and sufficiency of which I. hereby acknowledged. has gmnled. barpined. .old and conveyed. and by the.e presents does grant. bargain. sell. convey and confinn. unto the grantee, his heirs and assigns forever, aU the real propeny wgetherwithimprovements, irany, siware, Iyingandbeingintbcsaid County of PITKIN and S..... of Colorado deocribed 51 followl: Lot 2, ASPER BLBCTRIC SOBDIVISION, according to the Plat th.r.of r.cord.d February 19, 1993 in 'lat Book 30 at .ag. 85 a. a.c.ption No. 354093. COUNTY OF PITItIN, STATB OF COLORADO a1.oknownbYllrectandnumheru: 210 SBllAJIII STRBBT, AS'ER, CO 81611 TOGE'nIER with aU and ,inaular the hcn:diwnentl and appurtenances themo belon&in&. or in anywise appertaining. and the reversion and reversions, n::maindcr and remaInders, renlS. luues and profits thereof, and all the estate. right, title, interest, claim and demand what. soever of the lranlOr. either in law or equity, of, in and to the above buaained pmnlse.. with the hereditaments and appurtenances. TO HAVE AND TO HOLD the..1d premlscs above bargained and described, with the appurtenllllCC5. unlo the grantee. his hein and assigns forever. And the lrantor, for himself. his heirs. and personal representatives, docs covenant. grant, bargain, and agree to and with the grantee. his heirs and Uli&lll. thai at the time of the ensealin& and delivery of these Prelents. he is wellleized of the premises above conveyed, tw aood. lUre, perfect. absolute and indefeasible estate ofinheritancc. in law, in fee simple. and has &oad riabt. full power and lawful authority to &ntnt, bar.aln. sell and convey the umc in manner and (orm u aforesaid. and that the lame arc free and clear from all former and other grants. barplns, liles, lieN. taxe.. asleUments, encumbrances and restrictions of whatever kind or nature soever, except tho.. .p.cific Exc.ption. .hawn on the ateach.d a. "BXHIBIT 1". The ,raRtur shall &ad will WARRANTY AND PORBVER DEPEND the above-bara:aincd premise.s in tbe quiet and peaceable poslcuian of the &nlltee. hi. heirs and USI&JlS. aaainst III and every perscn or person. lawfully clalmlna the whole or any part thereof. The singular number shalllncludc the plural. the plural e .Inaular. and the use of any aender .hall be applicable 10 a11.endm. IN S W'HEllEOF. the r hu eKe this deed on the date let fonh above. B~B::- ~Jj '" ....-.. 'i ru ., ...... ....... ......C' I :~~;'~ \i rJ..q.-.; Jt ....('\ 7'''';:--.........(\...... f OF s.. ,,""-....~ . "Ytoy State of COLORADO ) ) ... County of .ITItIH ) The fore,oinl instrument Wit acknowledled before me this ;;>7 by BARRY C. SIBaBL AND SHARON L. SIBaBL day of fY\ Q.~ My eommi..ion expires Wltnes. my h~ offocial _I. . I'il. lIUmb.r. 000~8 EXHmIT 1 EXCEPTIONS '""' ....I 1. Distribution utility easements (including cable TV). 2. Those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer in accordance with paragraph 8b of contract Form No. CBS 1-9-99 [Matters Not Shown by the Public Records]. 3. Inclusion of the property within any special taxing district. 4. The benefits and burdens of any declaration and party wall agreements, if any. 5. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof: water rights, claims or title to water. 6. Taxes for the year 2002 and subsequent years not yet due and payable. 7. Right of the proprietor ot a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises as reserved in the United States Patents recorded in Book 175 at Page 168 and Book 175 at Page 171. 8. Restriction, which does not contain a forfeiture or reverter clause, as contained in instrument recorded in Book 206 at Page 301, providing as follows: That no trailer camps or trailer parks shall be permitted or shall be constructed. 9. Easement Agreement recorded September 16, 1977 in Book 335 at Page 80. lD. Right of way for the Salvation DitCh as revealed by Plat of Sunny Park North Subdivision in Plat Book 3 at Page 52 as Reception No. 122358. .j( 11. Terms, conditions, obligations and provisions of Resolution of the Board of County Commissioners of Pitkin County, Colorado, Granting The Aspen Electric Subdivision Exemption for a Lot Line Adjustment, Resolution No. 92-387 as set forth in instrument recorded november 13, 1992 in Book 694 at Page 447 as Reception No. 350755. 12. Terms, conditions, obligations, provisions and easements of Agreement by and between Barry C. Siegel, Sharon L. Siegel and Robert C. Smith and Glenda P. Smith, for a Utility Easement for Lot 3 and Lot 5, Sunny Park North Subdivision as set forth in instrument recorded September 22, 1967 in Book 546 at Page 515 as Reception No. 293066. 13. Access Easement granted unto Barry C. Siegel and Sharon L. Siegel as set forth in instrument recorded February 4, 1993 in Book 702 at Page 756 as Reception No. 353649. 14. Terms, conditions, obligations and provisions of Subdivision Agreement for the Aspen Electric Employee Housing as set forth in instrument recorded February 19, 1993 in Book 703 at Page 944 as Reception No. 354094. 15. Terms, conditions, obligations and provisions of Ordinance No. 62 (Series of 1992) An Ordinance of the Aspen City Council Granting Subdivision Rezoning for Moderate-Density Residential POD (R-15) to Affordable Housing lAR), GMQS Exemption and Condominiumization, Lot 3, Sunny Park North Subdivision, Park Avenue, Aspen, Colorado as set forth in instrument recorded March 5, 1993 in Book 705 at Page 277 as Reception No. 354575. 16. Easements, rights of way and other matters as shown and contained on the Sunny Park North Plat recorded in Plat Book 3 at Page 52 as Reception No. 122358; the Siegel-Mascotte Lot Line Adjustment Plat recorded February 19, 1993 in o,~~ n~_~ ~^ _~ ____ _. ---- "-- LOT 7 LEC;END SURVE' ------- RECONo D LINE OF FROFOSED\ LOT LINE ADJUSTMENT SETElACK OI'F\ OF FROPOSED LOT LINE \\>\> <::12: "'" I "-zo' 10 20 210 SESAME -SITE PLAN 8040 GREENLINE REVIEW -1? W\xtck) i~ c - '--' / / / -Ie, / ~/ / ,," // , , ~ t/' /' . -, //" , C 3RADE ::TED GRADE PROPOSED F<ESIDENCE LINE OF SETBACK 15":3 ~f Ilirt,f rf~er~~ QUj)~~ ~tIon QZ' ?~1 /' tM1Cl.lltM PK l ------ .... / - ----- ---- AD .U. P AI"KING AD.U. $- MtttcV-I A.ACHITI!CTUAE c :) '1 I---ot Z- f6~ ~ /~c...- '?00v{ I VI <7""" LDT 1? ~-<\ 411{;i {/). ~. 1/;' -.). , . u.rJ ,-----1 ,<'DL7/PH'K ",..'<, ..... .; From: Cindy Houben Midland Park Homeowner Dear City Planning and Zoning Commission, Please find attached a Resolution and deed regarding the Mascotte lode. The 1992 resolution restricts the 8,000 square feet to a limited development of area of753 square feet. This 8,000 square feet was donated by the County for the purpose of adding the necessary amount ofland area in order for Mr. Barry Siegel to split his lot and build affordable housing on Park Circle. No use of the actual land area was to be allowed. The proposal before you uses almost the entire 8,000 square feet of publicly donated land for a private residence. The attached deed indicates that the above noted resolution was an exception at the time of sale. . I urge you to table the request before you until these issues are resolved. Once you give approval, a building permit may be requested and there will be no opportunity to further investigate this issue. ,,,' - .- " .; 113507:5:5 11/13/92 15:21 ReC: $.00 BL 694 PG 447 Silvia Davis, Pitkin Cnty Clerk, Doc: $.00 ! ~. ~" RESOLUTION OF TEE BoARD OF COUNTY COMMISSIONERS OF PITXIN COUNTY, COLORADO, GRANTING TREASPEN ELECTRIC SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT Resolution No. 92-jJ1 RECITALS 1. Barry and Sharon Siegel (hereinafter "Applicants") are the owners of real property in the portion of pitkin county known as Lot 3 , Sunny ParkNorth Subdivision within the City..of Aspen. 2. The Applicants wish to add land to their lot from adjacent property owned by'Pitkin county and located in Section 7; Township 10 south; Range 84 West; commonlY known as the Mascotte and 99 Lode parcel. 3. The purpose of the lot line adjustm~nt is to accommodate / the subdivision of the previouslY identified Lot 3 of the Sunny Park North Subdivision in order to alloW the development of a triple;-: to be deed restricted for affordable housing. -(.The Applicants have proposed a lot line adjustment pursuant to Section 4-2.2(a) (2) of the pitkin county Land Use Code. s. The Board of county commissioners considered the Applic3.nts . request at a regularly scheduled public meeting on october 13, 1992. 6. The Board of county commissioners found the proposed Lot Line Adjustment to be consistent with the pitkin county Land Use Code criteria for a Lot Line Adjustment. NOW, TEEREFORE, BE IT RESOLVED by the pitkin county Board of County commissioners that it hereby grants a Subdivision Exemption for a Lot Line Adjustment to the Applicants pursuant to section 4- Ii - - ~3j0755 11/13/92 15:21 Rec $.00 BK 694 PG 448 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 Resolu~ion No. 9~-JJt( Page 2 2.2 (a) (2) of the Pitkin County Land Use Code subject to the following conditions: 1. Prior to recordation of a subdivision exemption plat the applicant shall obtain the necessary rezoning , subdivision and special review approvals from the City of Aspen for the affordable housing project. 2. The Applicant shall prepare a Lot Line Adjustment Plat which includes all pertinent easements for access, trails, ditch maintenance, and utilities and meets the approval of the Coun~yAttorneyand the County Engineer prior to recording. 3. The Final Plat shall include a building envelope, as approved by the Board of County Commissioners, de! ininq the m i nimml1 area nec~~~ary tn nccommodate an expansion to the Siegel's ~l~~in1 hG~G9~quivalent to the preexisting allowable, ~ The building envelope shall be allowed to encroach on the land being added to lot 3 from the Mascotte and 99 Lode parcel a maximum of 753 square feet. Said area of encroachment shall be indicated on the approved Final Lot Line Adjustment Plat. '; 4. Any development within the approved building envelope shall be for expansion of the existing dwelling unit only and no other freestanding structures or development of any kind shall be allowed within the area being added to lot 3 from the Mascotte and 99 Lode parcel. 5. Any future expansion of the existing dwelling unit, on the neWly-created lot 2 of the Aspen Electric Subdivision, shall be subject to 8040 Green Line review pursuant to section 24- 7-503 of the Aspen Municipal Code. Such review shall apply to the entire addition, including any portion that may extend beyond the Aspen City limits onto the area added to said lot 2 by the action of this lot line adjustment. 6. The final plat for the Sunny Park North Subdivision shall be amended to reflect the requested lot line adjustment. APPROVED by the Board of County Commissioners of Pitkin County on October 13, 1992. "- .... li: .... --- c:r> .... --- on OS> fil =- .... ~ LLl 0<: = c:> .... >- a: ~ -' r<)~ 1t')C> Sffi OJ!:; (0= ~~ 'O<:l ~ Rt ""ITY OF ASPEN HRETT PAID DATE AEP NO.- ~1/')..1/J.;.2- ml-{- /5750 ....^'''\ V --- CITY OF ASPEN WRETT PAID DATE REP NO_ ~;;J1/o;;' fYlr-L h"'7Yu / , WARRANTY DEED TIllS DEED, Made !hI, B th day of Kay BARRY C. SIEGEL AND SHARON L. SIEGEL :2002 . between of the said County of . P ITXIN ALAIN DEGRAEVE and State or COLORADO . grantor I and whose legal address is PO BOX 7975 ASPEN, CO 81612 of the said County of PIT:KIN and State of COLORADO or~' )lcC c-t-~ , granlee; WITNESSETH, Thallhe grantor for and in consideration aflhe sum of Ten dollar. and other good and valuable consideration DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained. sold and conveyed, and by these preseotl does grant, bargain, sell, convey and cont1nn, unto the grantee, his heirs and assigns forever, all the real propeny together with Improvements, if any, situate, lying and being in the said County of PITKIN and State of Colorado described as followa: 'Lot 2, ASPEN ELECTRIC SUBDIVISION, according February 19, 1993 in Plat Book. 30 at Page 85 to the Plat thereof recorded as Reception ~ vY }k~ COUNTY OF PITKIN, STATE OF COLORADO also known by street and number as: 210 SESAMB STRBBT, ASPEN, CO 81611 TOGETHER with all and singular the hercdilaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, Issues and profits thereof, and all the estate, righi, title, interest, claim and demand what. soever of the grantor, either in law Or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, doe! covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, thai at the time of th~ ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfett, absolute and indefeasible estate of inheritance, iQ.law, in fee simple, and has good right, full power and lawful aUlhority to grant, bargain, sell and convey the same in manner and fonn as aforesaid, and that the same arc free and clear from all former and other granls, bargains, sales,lIens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those specific Exceptions shown on the attached as .BXHIBIT IN. The grantor shall and will WARRANTY AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the gnntee, his heirs and assIgn.!, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural e singular, and the use of any gender shall be applicable to aU lenders. IN S WHEREOF, the r has exec l;Ithis deed on the date set forth above. -S~:B~ ..A~j-< ;; Sta.te of COLORADO ) )ss. Counly of PITKIN ) The foregoing instrument was acknowledged before me this r;;>7 by BARRY C. SIEGEL AND SHARON L. SIEGEL day of rY\CL~ My commission expires Wltne.. my h71nd official .eal. . rrtl/Y-Jo NOlary Public ,&,2J{!J/J- Amanda Bartlett \Joy Commission Expires Augus120,2002 FUe No. 00019!81 Slewart Tide or AIptQ, IlK. No.9J1A WARRANTY DEID (For Pholo....phlC! 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Aq ~oqS lON s~a~~ew] 66-6-1 SB~ "ON w~o~ ~ov~~uoo ]0 qO qde~6e~ed qlTM 90uep~oooe u1 ~a^na Aq paldaooe a~aM qOTqM PUg a6paTMou~ tenloE Beq ~a^na qOlqM ]0 Bp~ooa~ ~11qnd aq. Aq UMOqs .ou sa1.3ed P31q. ~o s.q6,3 paq13~sap A11e~1~1~ads asoq~ '0 , (~ a1qe~ 5u1pn1~U1) s.uawasea A~111~n u01.nq13.s1U 'r 99560000 1~8qmnN 81,. SNOI.Ld:!l;)X:!l 1 .LIRIHX:!l If' .' -,' ~.'.'. ':. _ 1;- ., j ., ~,~.., .....,." FULLER CONSULTING'-" SERVICES Phone (970) 963-4959 Fax (970)963-4959 E.Mail: fulcon@rof.net Mark Fuller 0238 Fawn Drive Carbondale. CO 81623 April 29, 2004 Aspen City Council 130 S. Galena Aspen, Co 81611 RE: Mascotte/99 Lode Dear Ms. Mayor and Council, I have been contacted by several concerned neighbors about the annexation and pending development of the Aspen Electric Subdivision near the base of Smuggler Mountain. I am writing to confirm to you the intentions of the County when a part of the Mascotte/99 Lode was incorporated into private property in this location in 1992. In 1992, the County allowed for a lot line adjustment to facilitate the development of employee housing by Mr. Barry Siegel. As I wrote to Leslie Lamont of the AspenlPitkin Planning Office at the time, the County did not want the lot line adjustment to provide the owner of the property with "...an opportunity to.. . carry out any other development of his property... with the exception of his affordable housing proposal." Moreover, it was the clear intent of the County at the time that the Mascotte/99 Lode be permanently designated and managed as open space. It is distressing to learn that the City may be considering a reversal of these intentions by using some or all of the Mascotte/99 property to facilitate the development of private, free-market housing in this location. Such development would not be consistent with the County's intentions as of 12 years ago. I am writing today as a private citizen with no connection with current County policies and with an incomplete understanding of the proposal currently before the City. I do want to confirm, however, that the County represented to the Midland ParklPark Circle neighborhood that the original lot line adjustment of the Mascotte/99 would result in one affordable housing development only and that the balance of the Mascotte/99 would remain undeveloped. Please take these intentions into consideration when reviewing the Aspen Electric Subdivision development application currently before you. Yours truly, ~~ Mark Fuller Fuller Consulting Services (County Development Director - 1992) ,....., ASPEN PLANNIN~ ZONING COMMISSION Mutes MAY 04, 2004 4. Toni Kronberg, public, stated that she was not an owner and had no vested interest but spoke about the setbacks regarding to the zoning for mass and density. Kronberg read from the AACP. 5. Letters from Raymond Lochead, Helen Libby and Brody Smith all against the project because of height and massing were entered into the record. MOTION: Ruth Kruger moved to continue the Chart House public hearing to May 18,2004; seconded by Dylan Johns. APPROVED 7-0. CONTINUED PUBLIC HEARING (04/06/04 & 4/20/04): 210 SESAME STREET 8040 GREENLINE REVIEW & SPECIAL REVIEW FOR ATTACHED ADD Jasmine Tygre opened the continued public hearing for 8040 Greenline Review and Special Review for an attached ADD. John Worcester said there was an issue raised regarding covenants and a deed restriction placed on the property from the county, which should not affect your decisions tonight. Worcester said that his understanding was the deed restriction was placed on the property as part of the lot split in the county; some of the neighbors questioned whether or not the building envelope should be changed back to where it was as part of the covenant or deed restriction that was placed on the property presented an interesting legal question. Worcester said there were two ways to look at it that either it was a county land use regulation or it was a private covenant between the county and the property owner. Worcester said that with respects to the 8040 Greenline Review this does not affect the commissions deliberations; if it's viewed not unlike the zoning when the land came into the city with the annexation then it is subject to city jurisdiction and city zoning regulations would apply unless at the time of annexation the City Council annexed it subject to some restrictions placed on it and no such restrictions were placed on it. Worcester said when the property was annexed it would be subject to city zoning setbacks; they were made aware of the county requests from a requirement on a particular building envelope and staff represented to Council at the time of annexation the county zoning would go away and the city zoning would apply. Worcester stated that if the county had a deed restriction as a private covenant with the property owner then it was a private covenant not enforced by the city. Worcester noted he received an email from John Ely the county attorney suggesting that this meeting may be continued because of there was an issue with respect to approximately 8,000 square foot deed to the current owner; if the commission does not want to continue the approval could be granted subject to or conditioned upon the City Attorney's office being satisfied with the title existing. 8 ,..... ASPEN PLANNIN~ ZONING COMMISSION Mutes . MAY 04. 2004 Brandon Marion said what he heard was that the county could directly impose that regardless of what the city does. Worcester stated that it could be viewed as a private covenant and when it was annexed the city's zoning regulations would apply thus the city setbacks. Jasmine Tygre said one of the other questions was that part of the parcel was supposed to remain open space and should not be calculated in development rights or dimensional allowances for this particular parcel. Worcester replied that he was not aware ofthat issue. Jack Johnson asked what the covenant was. Worcester answered the covenant was when the property was in the county as part of a lot split the county conveyed the property to the current owner with a restriction on that conveyance that the building envelope would be a smaller building envelope than what would be allowed under the city zoning. Cindy Houben stated that she would wear two hats because she lived at Midland Park but also worked for the county and did not want to confuse any issues. Houben utilized the plat map to show the 8,000 square feet. Houben provided the history of the Mascotte 99 Lode in 1992 Barry Siegle the owner of the property asked the county to donate land to him in exchange for the affordable housing on Lot 1; the 8000 square feet was needed in order to have a land area that was now the Aspen Electric Subdivision Lot I and 2. Houben said to include the 8000 square feet by a lot line adjustment by the county for the sole purpose of building affordable housing (BOCC Resolution#92-387) clearly states that only 753 feet would be able to be used for Barry Siegle's house but no deed was ever conveyed from the county to Mr. Siegle. Worcester said if the commission is inclined to approve the 8040 review that it be conditioned upon title being satisfactorily presented to the city attorney's office, which would give the county attorney an opportunity to verify this. Sarah Oates said that in terms of FAR there was no change from the county to what they have in the city as it relates to the dimensional requirements. Tygre said there was an issue in what they can do. Worcester said there was a legal zoning issue in which case it goes away when it became annexed into the city or it's a private covenant between the county and the property owner, which is then up to the county. Worcester said the FAR was the same in the county as in the city. Ruth Kruger stated that she would rater table the issue until it wasn't so clouded. Curt Sanders said this was tabled from a previous hearing and they didn't know about this issue and Mr. Degraeve has a policy oftitle insurance on the entire property all that is within the annexation ofthe city; the county signed the lot line adjustment plat. Sanders said this was an issue that could be taken care of quickly with John Worcester and John Ely. Tygre said that she was confused because there 9 "'''",", ASPEN PLANNIN.... Jr. ZONING COMMISSION ~utes MAY 04. 2004 was more than one issue here. Sanders said this issue was on the record very clearly when the annexation occurred and it was subject to R-15 city zoning. Tygre said that Mr. Fuller's letter said a portion ofthis property was open space. Sanders said that was a letter from 10 years ago and he was going by the resolution of approval. Houben said that Mark Fuller used the term open space loosely when it was part of the Mascotte 99 back in 1974, but it never got deed-restricted open space and the only question was the 8000 square feet added onto the lot was sterilized except for the 753 square feet. Sanders said that term open space does not appear in the resolution of approval only the future building site ifMr. Siegle was to add onto the house. Johnson said then what you are saying was that when it was annexed then that restriction went away. Sanders replied yes and that the city attorney said the same. Johnson said this was tabled for conditions #1 and #7 and he was willing to hear this tonight but according to what was being said was that it was open space with a little 0 and not like a whole parcel ofland. Johnson said if it's not real open space like Holden-Marolt then what is it. Worcester said treat as you would any other city parcel with setbacks determined by the city zoning. Allgaier said it would be the remaining yard because there was no designated open space. Tygre asked for a better explanation of how the massing works and possibly the geotechnical. Sarah Oates stated the issues from the last meeting were conditions #1 the geotechnical (memo from John Niewoehner in packet and the March 10 DRC minutes along with Geotechnical information provided by the applicant) and #7 the bulk and mass (the applicant included drawings showing the building). Oates noted staff added a condition of approval that speaks to Cindy's concern for construction hours from 7am to 7pm Monday through Saturday. Bill Pollock utilized drawings to illustrate the bulk and mass and the geotechnical addressed the mudflow and rock fall. Pollock noted the site was very steep and by putting flat roofs the heights were minimized; it was 20 foot to the very top of the roof and the mass was 60 feet from the Salvation Ditch. Pollock said because the house was pushed into the slope the mass and heights were reduced; the ADD was 30 feet off the property line and 2 stories would be allowed. Pollock said they were not breaking up the ridgeline; 12 to 16 foot high trees were planted. Pollock said that no berms would be put in and a small amount of disturbance to the soil would be accomplished. MOTION: Ruth Kruger moved to extend the meeting until 7: 15pm; seconded by Roger Haneman. APPROVED 7-0. 10 ASPEN PLANNIN~ ZONING COMMISSION lW!'nutes MAY 04. 2004 Public Comments: 1. J oe Wells, public, stated he was a neighbor at Midland Park; he said the more important open space was on the front of this site and hoped that it could be preserved. 2. Jeff Bestic, public, said that he also lived at Midland Park and understood that the 8000 square foot was given to Barry Siegle to create the Aspen Electric Subdivision and now it seems to being taken a second shot at something that's already being used. 3. Greg Karas, public, stated he lived in the Aspen Electric Subdivision and remembers Barry's house being so close to the edge and his property that rocks would roll down. Karas said that the he would like to see the house as far back into the hillside as possible and the lowest would be the least visible. 4. Shael Johnson, public, stated that she was also a Midland Park Homeowner and presented a letter that was in the packet. Johnson asked ifthere was a retaining wall behind the house. Pollock answered there would not because the back of the house was buried into the side of the hill. 5. Cindy Houben, public, Midland Park owner asked the commission to look at the letter in the packet from Heidi Hoffmann. Houben said personally she felt this was a beautiful design and her concern was the use of public land for private use; she stated concern for the lighting from further away. "., Jack Johnson stated that after visiting the site it seemed the owners has taken into consideration the issues of height and mass by the way the design is sited; it would be a lot better than what was described from the previous house. Johnson said it was nice to see supportive letters in the packet from neighbors and the drawings were very helpful. Kruger agreed with Jack on the architect has done a good job with the massing and minimizing the roof impacts and did not have a problem supporting the project. Marion agreed with Jack and stated he drove down to the Midland Park area and once trees were added the impacts would be minimal. Skadron concurred with Jack and said the project did a good job mitigating the impacts. Haneman said to limit cutting and grading the house must move to the front of the property and it then no longer blends into the hillside. Pollock said the old house looked more massive because it had 2 story walls and the one they were presenting had walls that were broken up; Barry's house was a cube sticking out. Haneman said that mostly his issue was the massive glass and the visibility at night from across town. Pollock stated the glass would not be floor to ceiling and would be minimized; this was a beautiful site with 3600 views and being sensitive to the neighbors they were screening with trees. Pollock said the lighting codes would be adhered to as well as the amount of glass allowed. Pollock said Degraeve's adjacent house has 4-foot 11 , ASPEN PLANNINC,<r ZONING COMMISSION Mutes MAY 04. 2004 by 6-foot windows now and no complaints have been received; there were retractable shades. MOTION: Ruth Kruger moved to approve an 8040 Greenline Review and a variance from the ADU design standards to allow an ADU attached to the primary residence by entryway stairs, for the construction of the single-family residence and ADU at 210 Sesame Street, with the conditions included in the P&Z Resolution#04-11 and the additional condition that this approval is conditional upon the finding by the City Attorney that title to the property is properly vested and that no conflicts exist to prohibit the development as proposed. Should the City Attorney or the County be unable to convey clear title or use the findings of P&Z are null and void. Seconded by Roger Haneman. Roll call: Rowland, yes; Marion, yes; Haneman, yes; Skadron, yes; Johnson, yes; Kruger, yes; Tygre, no. APPROVED 6-1. MOTION: Jack Johnson moved to extend the meeting until 7:30pm; seconded by Brandon Marion. APPROVED 7-0. Discussion of motion: Tygre said the condition did not express what she thought should be included in the condition. Johnson stated his vote was to approve the 8040 Greenline Review and relate to what was tabled from the first meeting regarding issues #1 and #7 because the other issues were outside the scope of the 8040 Greenline. Tygre stated that she appreciated the design but it was too massive and stated concern for the windows in terms of creating too much light into the other parts of the city. PUBLIC HEARING: RIO GRANDE PARKING GARAGE AND PLAZA SPA AMENDMENT Jasmine Tygre opened the Rio Grande Plaza Spa Amendment; notice was provided. MOTION: Roger Haneman moved to continue the public hearingfor the Rio Grande Plaza Spa Amendment; seconded by Jack Johnson. APPROVED 7-0. Adjourned at 7:35 pm. Jackie Lothian, Deputy City Clerk 12 , . ASPEN PLANNIN~ ZONING CoMMISSION Minutes APRIL 06. 2004 COMMENTS .............................................................................................................................. 2 MINUTES ....................................................................................................................................2 DECLARATION OF CONFLICTS OF INTEREST ....................................................... 2 132 WEST MAIN - CONDITIONAL USE ....................................................................... 2 210 SESAME STREET 8040 GREENLINE REVIEW & SPECIAL REVIEW FOR ATTACHED ADU ..........................................................................................................4 1 ,..'........ ASPEN PLANNIN~ ZONING CuM.MISSION Miilutes APRIL 06. 2004 Jasmine Tygre opened the regular meeting of the Aspen Planning & Zoning Commission at 4:30 pm in the Sister Cities Meeting Room. Members Jack Johnson, Steve Skadron, Roger Haneman, John Rowland, Ruth Kruger, Jasmine Tygre and (new member) Brandon Marion were present. Dylan Johns was excused. Staff present: David Hoefer, Assistant City Attorney; James Lindt, Sarah Oates, Chris Bendon, Community Development; Jackie Lothian, Deputy City Clerk. COMMENTS Jasmine Tygre asked if the elections were fairly soon. David Hoefer replied that he thought that the boards were changed to January. Tygre said that she would remain chair only until the vote. Tygre stated that since Eric resigned there was no vice-chair; she asked ifthere was an interim acting vice chair. Hoefer explained that Roger Haneman would act as vice chairman until we have the vote. Tygre noted that being the chair gave a different perspective. Hoefer stated that there could be a rotating chair so everybody would be chair for 2 years; it was a good idea for everyone to have an opportunity to be the chair. Jackie Lothian said that the municipal code was now on the aspenpitkin.com website under city clerk. Chris Bendon stated the best part was when code amendments were done they would be placed on the web pages immediately instead of 2 years later, which was how long it took the company that we hired to place it on the web. Ruth Kruger said things that go through work sessions were not really code amendments and were just discussions for the process; she asked what infill items were code amendments. Bendon replied that 4 Ordinances were approved: the TDR's, Amendments to the single-family duplex zone, changes to multi-family housing and demolition definition. MINUTES MOTION: Roger Haneman moved to approve the minutes from the March 2, 2004 P&Z meeting; Ruth Kruger seconded. APPROVED 6-0. 7 of the GMC members approved the minutes from March 9, 2004 byemail. DECLARATION OF CONFLICTS OF INTEREST None. PUBLIC HEARING: 132 WEST MAIN - CONDITIONAL USE Jasmine Tygre opened the public hearing on 132 West Main Street Conditional Use. David Hoefer stated 2 affidavits of notice were provided and that met the jurisdictional requirements indicating the commission may proceed. 2 f"" ASPEN PLANNINOom ZONING CVMMISSION M'iriutes APRIL 06. 2004 James Lindt stated the application was by Hardwood House, LLC requesting approval of a conditional use to operate a furniture store/showroom in the office zone district; the building was designated historic and furniture stores are allowed as conditional uses in historic structures in the office zone district. Staff believed that the furniture store would bring some additional vitality to Main Street; parking wasn't much of an issue given that there were 16 on site parking spaces. Trash and deliveries can be accommodated in the alley with bear proof trash receptacles. There are no GMQS exemption or mitigation requirements because this space previously operated as an office; the growth management section of the code treats office and commercial space in the office zone district similar in terms of employee generation requirements. Staff believes the conditional use requirements are met by the proposal and recommend the commission approve the resolution with conditions; obtaining a sign permit, business license prior to starting operations and provide free bus passes to employees living outside Aspen. Steve Hadju, owner and applicant, stated that the memo document and James covered everything. Ruth Kruger asked the number of employees. Hadju replied 1 or 2 employees total. Kruger was pleased that some conditional uses were coming to Main Street to add vitality to that core. Roger Haneman asked if the bus passes only come up on conditional uses or does this apply in other situations. Lindt responded that it also comes up in PUDs and in this situation the applicant offered it as part of the application so the condition was proposed just to re-enforce it. Jasmine Tygre asked if the deliveries of the pool tables would be in the alley. Hadju replied there were 2 entrances, one on First Street and one on Main Street so it could happen in either direction. Lindt said however the alleyway was where the trucks and vehicles would pull up waiting to unload stuff; there was an accessible entrance off of First Street without changes to the building to make it handicap access. Hoefer noted this building went through HPC review recently and was fairly comprehensive. Jack Johnson asked if the designs and creations were their own. Hadju replied that they were the designers, woodworkers and they also worked with other designers. Hadju said that 1,000 square feet was a showroom and office for meetings; the workshop was located in Carbondale. Johnson said that he was excited about this creative business with original designs. No public comments. 3 ~'... ASPEN PLANNIN~ ZONING Cb~MISSION Mnr'utes APRIL'I16. 2004 MOTION: Ruth Kruger moved to approve Resolution #10,2004 approving the conditional use to operate afurniture store/showroom at 132 West Main Street, Unit B of the Ajax View Commercial Condominiums with conditions: 1. The Applicant shall offerfree bus passes to employees of this establishment that live outside of Aspen as was offered in the application. 2. The Applicant shall apply for and obtain a sign permit from the Community Development Department prior to erecting any commercial signage. All commercial signage shall meet the City of Aspen sign guidelines pursuant to Land Use Code Section 26.510, Signs. 3. The Applicant shall applyfor and obtain a City of Aspen Business license prior to commencing commercial operations. Seconded by Roger Haneman. Roll call vote: Johnson, yes; Skadron, yes; Haneman, yes; Rowland, yes; Kruger, yes; Tygre, yes. APPROVED 6-0. PUBLIC HEARING: 210 SESAME STREET 8040 GREENLINE REVIEW & SPECIAL REVIEW FOR ATTACHED ADU Jasmine Tygre opened the public hearing for 8040 Greenline Review and Special Review for an attached ADD. David Hoefer stated the affidavit of public notice, posting and mailing met the jurisdictional requirements. Sarah Oates stated the application was Lot 2 ofthe Aspen Electric Subdivision owned by Alain Degraeve represented by Bill Pollock of Zone 4 Architecture. Oates said because of it's proximity to the 8040 Greenline this parcel is required to go through the 8040 Greenline Review; some of the standards might not be applicable to this property but health and safety issues, minimizing massing and height do apply to this parcel. The adjacent parcel, Lot 5 ofthe Sunny Park North Subdivision had an expansion and many of the issues were taken care of at that time with the Fire Department to assure adequate access as well as an upgrade to the water line and sewer. Oates said that the issues were minimizing disturbance outside of the setbacks, the height, the massing and the ADU design standard variance. Oates noted the ADU was detached with no common walls but was attached by a entry stairwell; it was 100% above grade and meets all other design standards, although that will be verified at the time of building permit review. Oates stated that it was currently a vacant lot; the house was demolished last summer with a proper demolition permit. Jack Johnson asked staff where this property fell above or below the 8040 Greenline. Oates replied it fell below the 8040. Bill Pollock utilized a map to show 8140 from the survey and they have been through several 8040 Reviews, one in 1987 approved and the last one was also approved. Johnson asked the purpose of the 8040 Greenline. Oates replied that it was for life safety issues as well as massing and height. Pollock responded that it was also for the impact on the mountainside trying to blend in the home or step it down and using materials to 4 ASPEN PLANNIN~ ZONING CUMMISSION l\lfr.utes APRIL 06. 2004 blend but originally it was for avalanche dangers. Chris Bendon noted that also water service was originally involved. Johnson asked at what elevation above which development cannot occur. Oates responded that was not regulated but floor area and density reductions were mitigated; the county has regulations of not being able to build on "x%" slope but the city does not. Johnson asked the definition of an ADU and a Guest House. Oates replied that the ADU was for employee mitigation and the city did not have a "guest house" definition. John Rowland asked if the ADU was deeded. Oates replied that all ADUs were required to submit a deed restriction that ifit's rented it has to be rented to some living and working in Pitkin County; there was no income or rental cap. Tygre noted there was no requirement that it be rented but if it was rented then the restrictions apply. Johnson said the memo stated that staff included conditions requiring the city engineer be given information related to mudflow, rockfalls, avalanche dangers and soil toxicity; those reports were not included in the packet and the city engineer doesn't have them either. Oates answered that the applicant was updating what was done for the adjacent property relevant to this parcel; the reports were submitted at building permit on the adjacent lot. Degraeve said that the documents were provided at the original 8040 Greenline Review for this property in 1987. Johnson said that the city engineer requested a drainage report prior to submitting an application for a building permit. Steve Skadron asked if the structure that was demolished was built in the early 1980's; he asked what it was and the square footage. Degraeve replied it was a single-family home built in 1987 with 4,000 square feet. Pollock said the new house was over 9,000 square feet; they were allowed 4200 plus in FAR with over half of the 9,000 buried into a steep slope in the back corner of the site (on the top part of the page). Johnson said the FAR of the old house is about the same as the FAR of the new house with the exception of the parts that are exempt. Pollock replied that he did not know how Barry Seigle's old house was. Tygre said there was a sliding scale on FAR as far as how much is exposed; she asked who would monitor that. Oates replied that she checked the calculations at the time of building permit and this lot has steep slopes so they were subject to slope reduction. Tygre asked the size ofthe proposed ADD. Pollock replied 355 square feet. Haneman noted that the memo stated net livable at 319 square feet. Oates said the net livable was paint-to-paint on the interior; FAR was exterior wall to exterior wall. Skadron asked what the minimum was. Oates replied 300 square feet was the minimum. 5 ASPEN PLANNINJ; ZONING Cb1\1.MISSION l\1n'i'utes APRIL 0'6. 2004 Johnson said to get to this point on the 8040 Greenline review, did they have to demolish and was it the same way on Lot 5. Pollock said not the entire house. Degraeve said it was basically gutted. Skadron asked the long-term development plan of Sesame. Pollock replied that this would pretty much end it because it was a private road and this is the second of the 2 lots that the road serves. Oates replied that the space behind it was Pitkin County open space. Skadron asked if the property was accessible from behind. Degraeve said no. Pollock stated that there was an access easement for the county, which was gated entrance. Public Comments: 1. Heidi Hoffmann, public, board member of Midland Park Homeowners Association, stated concern how the design is articulated. Hoffmann said that Barry Seigle's house was like a lighthouse, which was bothersome to some of the neighborhood. Hoffmann encouraged consideration with window glazing, orientation and shielding of the exterior lights. Hoffmann asked if the ditch company reviewed this. Pollock asked who was responsible for the Salvation Ditch. Oates replied that it was a private company and there was no proposal in the ditch easement. Tygre said the revised lighting ordinance addresses the exterior lighting issues. Hoffmann said it was the glazing and open window areas when the house was occupied, which was very blatant and overwhelming for the neighborhood. 2. Jeff Bestic, public, Midland Park homeowner, recalled dealing with Barry Siegle during the Auster hearings, Barry Seigle was required to sterilize a portion of the Mascotte property in return for the permits it got because there was a bulldozer moving rocks over an area that he didn't think was to be developed. Oates replied that the city annexed the portion from the county and a lot line adjustment now subjects the property to setback requirements. Oates stated that there was a condition from the Parks Department that requiring it be fenced off and have made it clear to the applicant. 3 Cindy Houben, public, stated that she was here on behalf of being an adjacent homeowner. Houben said it was her understanding that the recently annexed county property into the city was exclusively for landscaping purposes. Oates replied that a referral was sent to the county making it clear that it would be under the regular city setback requirements. Houben stated concern for the hours of operation because of the close proximity to their units. Hoefer stated that was already codified but it could be added. Oates stated the county was given a referral explaining it would be rezoned to R -15 PUD; it was changed from a designated building envelope to setbacks. Staff advised the applicant to annex to clear 6 ,,-. ASPEN PLANNING'-''ZONING Cb!rtMISSION l\1'm(.tes APRIL~. 2004 everything up because half of the property was in the city and half in the county. The rezoning went to P&Z and City Council. 4. Sara Garton, public, Midland Park owner expressed concern over the last house that looked like an oceanliner. Skadron said that he was sensitive to the way a new property fits into the existing neighborhood; how will the new, big, modern shiny house fit into the funky neighborhood. Pollock responded that the house wouldn't be shiny but a metal that rusts to a certain extent and then seals itself deriving somewhat off of the Smuggler Mining buildings. Pollock said the roofs may be zinc, which is flat gray and the siding is clear cedar stained. Tygre asked the lengths of the facades. Pollock said the courtyard with the ADU and reversed L shape and the deck was approximately 40 feet across. The part on the left-hand side of the staircase was approximately 12 feet. The darker gray stripe area was 24 feet wide. Tygre asked the overall length of the structure and the width of the garage entrance. Pollock replied approximately 80 feet in overall length and the garage was 24 feet wide. Tygre said from the drawings the exterior planes looked extremely long. Pollock added that the 60-foot wall was partially exposed at places at 2 feet and the highest point at the height of 12 feet. Tygre stated there were 2 issues that be taken together or separately. Johnson read from the memo that no development shall be permitted at above or 150 feet below the 8040 Greenline unless the Planning & Zoning Commission makes a determination that the proposed development complies with all the requirements set fort: Those requirements include mine subsidence, mudflow, rockfalls, avalanche dangers and soil toxicity. Johnson stated that there was no information in the packet and it was difficult for him to say that it complies with the requirements without the information. The city engineer's requested a drainage report prior to a building permit and if the commission approves this 8040 Greenline prior to obtaining this information, which causes a great deal of concern. Johnson asked why was the commission looking at this now without all the information. Tygre said those were valid points. Hoefer noted the commission had the right to continue the public hearing. Bendon asked the applicant if the city engineer was willing to accept the information on the other property. Pollock replied that he had been through this process once before next door and basically the process was we will approve upon all these conditions and if these conditions were not met, which included drainage plans, soils retainage but we can't supply now because the building is still moving around with changes so some of that information can't be given. The soils 7 ,,-. ASPEN PLANNING'w'ZONING CbrlIMISSION J.\1.'lo'If6tes APRIL~. 2004 , " engineer wants to look at the site for a visual. Pollock said that they met with the DRC and expected to be approved with conditions tonight. Bendon eXplained that typically drainage plans were done at the time of building permit because the drainage was designed according to the building, which was a technical review. Johnson said that he feels what was being asked was to approve this on everybody's word; he didn't see how he could approve this when he hasn't seen the information. Johnson stated that he liked the design. Tygre stated that many of the 8040 Greenlines have been on the other side of town with heavily wooded background; there has been a lot of concern about the obtrusiveness or unobtrusiveness of the building, which was addressed in one of the standards of 8040 Greenline. Tygre said that some sort of detail should be provided as to what the issues might be. Bendon stated that the approval could be conditioned for the things as the soils report and the technical report or the commission could delay the hearing and have the applicant check in with the city engineer to clear up the issues but some of the things won't be seen until the building is designed and that's why certain things are seen at the time of building permit. Johnson stated that he couldn't make a judgment on something that was not included in the information provided. Haneman said this was the first 8040 Greenline Review with a demolish and rebuild. Tygre agreed. Haneman said the property was already developed and the old Greenline information should carry forward but he also agrees with Jack on the lack of current information provided. Haneman said that the only reason for having the applicant go back and redo the soils report were if there were new rules in soils analysis or new methods of checking run-off but if noting new has been developed then he could accept what occurred in the 1980s as far as meeting the requirements. Oates stated the reports were required at DRC to be updated; they can't submit the 1980 plan. Oates said the DRC memo is typically incorporated into the conditions of approval. Johnson asked to have the DRC comments. Tygre noted the referral comments usually are included in the packets and the commission would like to see them. Tygre said when properties change hands a new survey is ordered or a property boundary survey. Tygre stated that the commission did not have the memo from the other departments' signing-off on those issues. Johnson stated that he was being asked to vote on something that says that he has done his due diligence and he felt that he had not done due diligence at this point. Tygre stated concern for the height and bulk not being minimized. Haneman agreed with Jasmine. Tygre stated that she had a problem with number 7 and wasn't sure what the answer was. Haneman asked the square footage on the 8 ,..,.. ASPEN PLANNING'-'ZONING Cb.dMISSION J\ItMo()tes APRIL......c5.2004 <',.." building. Pollock replied approximately 9,000 square feet of which 1/3 was completely buried. Pollock said stepping down the hill made the footprint larger. Tygre said the request to vary the ADU Design Standards was the next discussion. Haneman commented that it was really small but the fact that it was fully separated from the house he was ready to accept it. Tygre agreed with Roger on the attached staircase because it meets the spirit of providing the detached ADU and it was small but what was allowed. The commission agreed on the ADD. Bendon drafter proposed language for the motion the project shall require an additional 8040 Greenline review with P&Z if any information required by condition #1. reveal any slope instability, natural hazards such as rockfall or avalanche or emergency access problems that cannot be mitigated by standard technical solutions. Johnson said Sarah stating that the DRC had signed off on the technical issues helped him; he asked the other members if it would help. Tygre said it did not satisfy condition #7 for her. Haneman said regarding the comments from the audience about a deal that was cut when Mr. Seigle owned the property when it was in the county and then when the property was annexed into the city and the fact that the county did not respond, the city imposed the regular setbacks; did that void any agreement between the previous owner and the county. Oates replied that was correct and it was no longer county land. Bendon noted that if there was an agreement between the property owner or previous property owner it can be enforced ifthere was a rightful claim. Johnson said that he will read the motion without the additional language. MOTION: Jack Johnson moved to approve the 8040 Greenline Review and a variance from the ADU design standards to allow an ADU attached to the primary residence by entryway stairs for the construction of a single-family residence and ADU at 210 Sesame Street with conditions included in P&Z Resolution #04-11. Ruth Kruger seconded. Roll call: Rowland, yes; Skadron, no; Haneman, yes; Johnson, yes; Kruger, yes; Tygre, no, DENIED 3-3, Discussion of motion: Johnson said that he was willing to look at this again; he said from a design standpoint it was a great project but his reservations and concerns had not been adequately addressed in the application as it stands. Johnson said that a site inspection would be good and the DRC minutes. Hoefer suggested moving to continue to the next hearing for the purpose of receiving information regarding condition #7 and the DRC materials and again receive public comment. Pollock commented that regarding #7 the Mascotte property; Barry Seigle's house was a lot closer to the Tailings and the Midland Park units than the proposed house. Pollock said they have moved 70 feet up and into the hill; the mass and bulk were considerably lower than the allowed height limit and a 9 ,,-. ASPEN PLANNING~ZONING C~MISSION M'III'Ltes APRIL-,,(i.2004 "' "" lot of the house would not be seen from Park Circle because of the trees screening the property. Pollock stated that there would be a lot of trees planted to screen. Degraeve stated that they have planted close to 600 trees. Degraeve stated that the 1986 report included mining shaft testing for both lots; he said that three 8040 Greenline reviews have been done, this is the fourth one. Bendon said the DRC original comments or a follow-up letter from the city engineer would be available at the next meeting. Degraeve said the reports should be in file and he wanted to break ground as soon as possible. Kruger noted that the information was supplied to the commission in advance so they can review the papers. Hoefer said that April 20th appears to be the next available date. Bendon said that if the bulk and mass could be addressed. Degraeve gave his cell phone # so that the commissioners could get through the gate to make site visits. MOTION: Jack Johnson move to continue the 8040 Greenline Review and a variance from the ADU design standards to allow an ADU attached to the primary residence by entryway stairs for the construction of a single-family residence and ADU at 210 Sesame Street to reconsider the motion and obtain more information to April 20, 2004; seconded by Steve Skadron. APPROVED 6-0, Adjourned at 6:30 pm. Jackie Lothian, Deputy City Clerk 10 Galen Bright, 02: 1 0 PM 4/24/2004 -0600, Re: Planning Zoning Review Page I of 1 X -Sender: galen@setterfieldrealtors.com@mail.setterfie Idrealtors.com (U nverified) X-Mailer: QUALCOMM Windows Eudora Version 6.0.2.0 Date: Sat, 24 Apr 200414:10:08 -0600 To: joycea@ci.aspen.co.us From: Galen Bright <galen@setterfieldrealtors.com> Subject: Re: Planning & Zoning Review Cc: saraho@ci.aspen.co.us X-MX-Spam: final~0.07555970 15: hem=0.5000000000(1800); stat~0.0090000000; spamtraq-heuPO.9000000000 (2004042105) X-MX-MAIL-FROM: <galen@setterfieldrealtors.com> X-MX-SOURCE-IP: [204.127.202.56] X-MaiIScanner-Information: Please contact the ISP for more information X-MaiIScanner: Found to be clean Re: 8040 Greenline Review for Alain DeGraeve at 210 Sesame St above Park Circle To Whom it May Concern: I have lived in and owned two different properties on Park Circle for over ten years, The whole Smuggler area has been in "transition" since that time and is slowly becoming a beautiful neighborhood to live in. The project that Alain DeGraeve has completed so far on Sesame Street is a vast improvement to our neighborhood. In particular. the landscaping along the top of the ridge above Park Circle blends in beautifully with the natural environment of Smuggler Mountain and will help mitigate the erosion problems there. The entire development has been carefully planned and thought out in a way that has minimal negative impact, while greatly improving the overall aesthetics of our neighborhood. I urge you to allow him to continue to develop the rest of this site with the same quality design, materials and landscaping as he has used so far. Hopefully other property owners will follow suit and improve their homes and landscaping as well. Sincerely, GcJ.e-vv Galen Bright, VP I Broker Associate Setterfield - REAL TORS, Inc. 407 South Hunter Street #3 Aspen CO 81611 CELL: 970-379-3877 FAX: 970-920-1837 Office phone: 970-920-9762 www .setterfieldr~aJtors.~9m galen@setterfieldrealtors.com Printed for Sarah Oates <saraho@ci,aspen,co,us> 4/26/2004 Chuck Rowars, 06:21 PM 4/24/2004 -0600, Degreave Itr 4,24,04.doc Page I of 1 From: "Chuck Rowars" <cmr@pelicanbays.com> To: <joycea@ci.aspen.co.us> Cc: <saraho@ci.aspen.co.us> Subject: Degreave Itr 4.24.04.doc Date: Sat, 24 Apr2004 18:21:40 -0600 X-Mailer: Microsoft Office Outlook, Build 11.0.5510 Thread-Index: AcQqWOeXjPt5ZsHXQC6c VXYR YWFYBA~~ X-OriginaIArrivaITime: 25 Apr 2004 00:21 :07.0648 (UTC) FILETIME~[3406FCOO:0 I C42A5B] X-MX-Spam: final~0.2274929720: heuFO.9557864450(5300); stat~O,0090000000: spamtraq-heur~0.6000000000 (2004042105) X-MX-MAIL-FROM: <cmr@pelicanbays.com> X-MX-SOURCE-IP: [66.172.136.132] X-MaiIScanner-Information: Please contact the ISP for more information X-MaiIScanner: Found to be clean Please consider this letter at your next 8040 Greenline meeting. I am sorry that i cannot attend, as I will he out of town. Ref: 8040 Greenline application submitted by Alain Degraeve for redevelopment of 21 0 Sesame Street To whom this may concern. I would like to present you with this letter in support of the above referenced 8040 Greenline application. I arn an immediate neighbor of Mr. Degraeve and have reviewed his plans for the construction of a new residence at 210 Sesame. I have lived at my current home for over ten years and I am very familiar with the previous residence on said lot as constructed by Mr. Barry Siegel. It is undeniable that Mr. Degraeve has contributed a lot in improving the immediate vicinity of Sesame St and Park circle as well as the entrance to the Smuggler Mountain trail and parking area. He has planted hundreds of trees and literarily transformed the experience of the lower smuggler mountain area. The same holds true for screening his current home from Park circle and my private residence. He has landscaped lands that belong to other homeowners (with permission) including my own. He is a man of his word and is committed to improving the neighborhood. The house as proposed is a vast improvement of the previous residence that was built in the mid 80's. He house will be set further into the hillside away from Park circle therefore minimizing the visual impact from the street. By using flat and curved roofs, Mr. Degraeve's home will be well below the allowed height limits as allowed by the Aspen building code. This project will contribute to improving the neighborhood. Thank you for your consideration in this matter Chuck Rowars Printed for Sarah Oates <saraho@ci.aspen,co.us> 4/26/2004 Greg Karaus, 06:35 AM 4/26/2004 -0600, 8040 Greenline Review forA 1 ain Degraeve Page 1 of 1 , ' X-Sender: gregkar@rof.net X-Mailer: QUALCOMM Windows Eudora Version 6.1.0.6 Oate: Mon, 26 Apr 2004 06:35:52 -0600 To: saraho@ci.aspen.co.us,joycea@ci.aspen.co.us From: Greg Karaus <gregkar@rof.net> Subject: 8040 Greenline Review for Alain Oegraeve Cc: ard@aspenwave.net X _ MX -Spam: final~O .0090000000: heuFO. 5000000000(0); stat~0.0090000000; spamtraq-heuFO.5000000000(200404 2105) X-MX-MAIL-FROM: <gregkar@rof.net> X-MX-SOURCE-IP: [216.237.72.68] X-MaiIScanner-Information: Please contact the ISP for more infonnation X-MaiIScanner: Found to be clean Oear Sarah Oates & Joyce Allgaier, I am writing with respect to the 8040 Greenline Review of Alain Oegraeve's submittal for a home on Sesame Street. As an owner in the Smuggler Cove Condos, our home is probably the closest in proximity and elevation of any adjoining property excepting Alain's own home. As I understand the submittal, Alain is proposing to locate a new home at a location that is further away from the edge of the property (and edge of the hill) than the previous home. [ am wholeheartedly in favor of such a move. My major objection to the previous home was its closeness to the edge of the property on a hillside whereby anyone standing on the main or 2nd level of the home could look directly down into our bedrooms. And at the old location, the home was extremely visible and overpowering due to looking "up" at it. The previous home also had numerous exterior lights (spots and recessed) that were on motion sensors which were triggered regularly by animals; with the resulting light shining into our bedroom windows. Even recessed down lights would shine into our windows due to the elevation difference and closeness to the edge of the hill. This was a complaint that was also expressed by neighbors. While current lighting regulations would help this, the further back the house is placed, the less the lighting impact. Alain has just completed his own home on the adjoining lot. While that home is large, he has taken steps to make the home less visible; from adding the additional space to the rear of the home to landscaping the entire edge of the property. With these improvements in place, the home is considerably less noticeable than the previous smaller home. He has continued this landscaping barrier across the proposed building site for the new home which should help minimize the visual impact of that home also. The further back the new home is placed, it will be even less visible above this screening. And conversely, if the home is placed in the original location, the more visible it will be. Since the demolition of the old home, we have enjoyed the additional sunlight and views of the sky that we did not have before. While we realize that the new house will still impact this, the further from the edge of the hill it is placed, the more sun and sky we will see, the less lighting will be an issue and the more privacy it will create. Thank you for considering my comments. Sincerely, Greg Karaus 510 Park Circle Aspen, CO 920-3866 Printed for Sarah Oates <saraho@ci.aspen.co.us> 4/26/2004 MaryDMoyer@aol.com. 04:46.PM 4/27/2004 -0400, Alain Degraeve 8040 Greenline Appl. Page 1 of I , Date: Tue, 27 Apr 2004 16:46:06 -0400 From: MaryDMoyer@aol.com To: saraho@ci.aspen.co.us Cc: joycea@ci.aspen.co.us Subject: Alain Degraeve 8040 Greenline Appl. X-Mailer: Atlas Mailer 2.0 X-AOL-IP: 207.224.54.10 X-MX-Spam: final~0.07555970] 5: heUl=0.5000000000(900); stat~0.0090000000; spamtraq-heupO.9000000000 (2004042] 05) X-MX-MA]L-FROM: <marydmoyer@aol.com> X-MX-SOURCE-IP: [64. ]2.138.207] X-MaiIScanner-Information: Please contact the ISP for more information X-MaiIScanner: Found to be clean Dear Sarah, With regard Alain Degraeve's new construction on Sesame Street, I would like it to be known that we are in favor of his building site being pushed back into the hillside. I find this location to be much more favorable to the overall neighborhood, and to us specifically. We live on Park Circle directly below Alain's building site. We have been very happy to benefit from his desire to plant numerous evergreen trees above us. I find all the work that has been done on this site, as well as the previous building site, to be a benefit to our neighborhood. Please feel free to call me if you have any questions regarding this matter. Sincerely, Mary Moyer Printed for Sarah Oates <saraho@ci.aspen.co,us> 5/4/2004 MaryDMoyer@aoLcom. 04:46 PM 4/27/2004 -0400, Alain Degraeve 8040 Greenline AppL Page 1 of 1 Date: Tue, 27 Apr 200416:46:06 -0400 From: MaryDMoyer@aol.com To: saraho@ci,aspen.co.us Cc: joycea@ci.aspen.co.us Subject: Alain Degraeve 8040 Greenline Appl. X-Mailer: Atlas Mailer 2,0 X-AOL-IP: 207.224.54.10 X-MX-Spam: final~0.07555970 15; heUl=0.5000000000(900); stat~0.0090000000; spamtraq-heUl=0.9000000000 (2004042105) X-MX-MAIL-FROM: <mmydmoyer@aol.com> X-MX-SOURCE-IP: [64.12,138.207] X-MaiIScanner-Information: Please contact the ISP for more information X-MailScanner: Found to be clean Dear Sarah, With regard Alain Degraeve's new construction on Sesame Street, I would like it to be known that we are in favor of his building site being pushed back into the hillside. I find this location to be much more favorable to the overall neighborhood, and to us specifically. We live on Park Circle directly below Alain's building site. We have been very happy to benefit from his desire to plant numerous evergreen trees above us, [ find all the work that has been done on this site, as well as the previous building site, to be a benefit to our neighborhood. Please feel free to call me if you have any questions regarding this matter. Sincerely, Mary Moyer Printed for Sarah Oates <saraho@ci.aspen.co.us> 5/4/2004 'c PUBLIC NOTICE RE: 210 SESAME STREET, 8040 GREENLINE REVIEW AND SPECIAL REVIEW FOR ADU DESIGN STANDARDS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 6, 2004 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Corrunission, City Council Chambers, Sister Cities Room, 130 S. Galena St., Aspen, to consider an application submitted by Alain Degraeve, represented by Bill Pollock of Zone 4 Architecture, affecting the property located at 210 Sesame Street, Lot 2 of Aspen Electric Subdivion. The applicant is requesting approval of 8040 Greenline Review, Section 26.43S,030(B) and Special Review for ADD Design Standards, Section 26.520.080(D) for the construction of a single-family dwelling and ADD, For further information, contact Sarah Oates at the City of Aspen Corrununity Development Department, 130 S. Galena St., Aspen, CO, (970) 920-5441, saraho@ci.aspen,co,us, s/Jasmine Tv!!:re Chair, Aspen Planning and Zoning Commission Published in the Aspen Times on March 18, 2004 City of Aspen Account - ,/'" ~~. . MEMORANDUM THRU: Aspen Planning and Zoning Coprmission ~ .' Joyce AllgaIer, Deputy DIrector Sarah Oates, Zoning Officer.5"' c> ~-3 TO: FROM: RE: 210 Sesame Street, Lot 2, Aspen Electric Subdivision 8040 Greenline Review & Special Review for an ADU DATE: April 6, 2004 SUMMARY: The applicant, Alain Degraeve, represented by Bill Pollock of Zone 4 Architecture, has applied for 8040 Greenline approval for the construction of a single-family dwelling unit and Accessory Dwelling Unit (ADD) and special review to vary the design standards for an ADU. The 8040 Greenline standards primarily concentrate on the impact of site grading, the ability for the property to be served with utilities and fire protection, and the visual effects of the resulting development on the mountain backdrop of the City. The Community Development Department has received referral comments from all relevant departments and those are reflected in Staff's analysis and recommendation. The proposed ADU is attached to the principal residence by an entry staircase into the principal residence but otherwise is detached and is located 100% above-grade. The unit appears to meet all the other design standards, although this will be verified at the time of building permit review. Staff recommends approval of the 8040 Greenline Review and Special Review to vary the ADU design standards, with conditions. APPLICANT: Alain Degraeve. Represented by Bill Pollock of Zone 4 Architecture. LOCATION: 210 Sesame Street, Lot 2, Aspen Electric Subdivision. ZONING: R-15 PUD. PREVIOUS ACTION: This lot has received several approvals including 8040 Greenline approval for the previous single-family dwelling which has been demolished, a re-subdivision to create the Aspen Electric Subdivision and an affordable housing project on Lot 1, the annexation of a portion of Lot 2 in 2003 and a rezoning of the annexed portion of the lot to R-15 PUD. I ~ I I"'"' . - REVIEW PROCEDURE: 8040 Greenline Review. With a recommendation from the Planning Director, the Commission may approve, approve with conditions, or deny a proposed development based on the corresponding criteria. Special Review, With a recommendation from the Planning Director, the Commission may approve, approve with conditions, or deny a proposed development based on all three corresponding criteria being met. STAFF COMMENTS: 210 Sesame Street is the second of two houses located on a private, dead-end street at the base of Smuggler Mountain Road. The lot has steep slopes and the floor area has been reduced due to the percentage of slopes over 20%, Sesame Street is a substandard street and the Fire Department had several requirements to make the street safer and more accessible when the adjacent house was expanded and remodeled. Both Community Development Department Staff and the Housing Authority are recommending approval for the special review for the ADD. The ADD is attached to the primary residence by a staircase (see applicants drawings in Exhibit C) and the Municipal Code defines a "detached structure" as a structure not physically connected in any manner to another structure, above or be/ow ground, exclusive of utility connections. Staff finds that the building does meet the intent of the code while at the same time allowing the buildings to be clustered as to meet one of the 8040 Greeline review standards. Review criteria and Staff Findings have been included as Exhibit "A." Agency referral comments have been included as Exhibit "B." The application has been included as Exhibit "C." RECOMMENDATION: Staff recommends approval of the 8040 Greenline Review Special Review for 210 Sesame Street, with the following conditions: I. The Building Permit application shall include: . A dust and noise mitigation plan, · A report from a qualified soils and geotechnical engineer that certifies their concurrence with the soils report findings, has an analysis for the stability of the proposed house on the hillside, and provides additional qualifiers to the design and construction of the proposed house · Mudflowanalysis. . Indemnification of rock fall areas. . Avalanche Hazard study. ;:u~ ~\J---; CPt (Y-r-D'~ 2 - - ,--.. ......, . A tree removal permit from the City Parks Depm1ment for the removal or relocation of trees as per Section 13,20.020 of the Code. . An erosion control plan prepared by a professional engineer. All runoff should be retained onsite. The erosion control plan needs to describe the erosion control measures to be used during construction and permanent erosion control measures, . Adequate landscape plml showing how erosion will be mitigated, . A tap permit from the Aspen Consolidated Sanitation District and all applicable fees. 2. . A map showing the construction vehicle haul route. The Site Improvement Survey submitted at the time of building permit submittal shall include the following: . All ofthe utilities shall be shown. 3. . The Surveyors Certificate needs to state the accuracy of the survey. After construction is complete, the setbacks shall be re-vegetated with native plant speCies, The property line which boarders Pitkin County open space must have a construction fence installed to ensure no accidental disturbance occurs on the County property, Sesame Street shall not be narrowed in any way during construction and any ~ ~ modifications to the road are to meet the City of Aspen's engineering standards, i ~ ~) \. 111ese conditions of approval shall be printed on the cover sheet of the building permit 't-d). -s:x y set and all other drawing sets used for construction. The primary contractor shall be ~ 4 provided with a copy of this Resolution and shall submit a letter as part of the building c... permit application stating that the conditions of approval have been read and ~ :,...> understood, 0) All material representations made by the applicant in the application and during public \ meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. The applicant shall record this Planning and Zoning Resolution with the County Clerk and Recorder. 4. 5, 6. 7. RECOMMENDED MOTION: "I move to approve the 8040 Greenline Review and a variance from the ADU design standards to allow an ADU attached to the primary residence by entryway stairs, for the construction of the single-family residence and ADU at 210 Sesame Street, with the conditions included in Planning and Zoning Commission Resolution 04-11." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B Referral Agency Comments Exhibit C -- Development Application d :\home\saraho\planning\esa\21 Osesame _ MEMO.doc o J II -- - '-" ',~", RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING AN 8040 GREENLINE REVIEW AND SPECIAL REVIEW TO VARY THE ACCESSORY DWELLING UNIT (ADU) DESIGN STANDARDS FOR 210 SESAME STREET, LOT 2, ASPEN ELECTRIC SUBDIVISION, CITY QF ASPEN. Parcel No. 2737-074-20-002 Resolution #04-11 WHEREAS, the Community Development Department received an application from Alain Degraeve, owner, for an 8040 Greenline Review and Special Review to vary Accessory Dwelling Unit (ADU) design standards for the construction of a single-family residence at 210 Sesanle Street, Lot 2, Aspen Electric Subdivision; and, WHEREAS, pW'suant to Section 26.435 of the City of Aspen Land Use Code, after a recommendation by the Community Development Department and consideration of comments by relevant referral agencies, the Planning and Zoning Commission may approve, approve with conditions, or deny an application for an 8040 Greenline Review and Special Review to vary the ADU design standards based on the criteria that are set forth in said Section; and, WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, City Parks Department, the AspenlPitkin County Building DepaJiment, and the Pitkin County Community Development Department reviewed the proposal and provided comments, and the Community Development Department recommended approval of the application, with conditions; and, WHEREAS, Section 26.314 of the Aspen Municipal Code provides that an application for a variance from the dimensional requirements of the code can be reviewed by the Planning and Zoning Commission if it is part of a consolidated process; and WHEREAS, dW'ing a regular meeting on April 6, 2004, the Planning and Zoning Commission conducted a duly noticed public hearing and approved by a _ to _ L-.J vote the 8040 Greenline Review and Special Review to allow for an ADU to be attached to the principal building by a set of entry stairs, for the construction of a single-faJnily dwelling unit and ADU to 210 Sesame Street, Lot 2, Aspen Electric Subdivision, City of Aspen, with the conditions described herein, NOW, THEREFORE BE IT RESOLVED by the Commission: Staff recommends approval of the 8040 Greenline Review and Special Review for 210 Sesame Street, with the following conditions: I. The Building Permit application shall include: . A dust and noise mitigation plan, · A report from a qualified soils and geotechnical engineer that certifies their concurrence with the soils report findings, has an analysis for the stability of the proposed house on the hillside, and provides additional qualifiers to the design and construction of the proposed house . Mudflowanalysis. - " /"'....... . Indemnific::twn of rock fall areas. . Avalanche Hazard study, A tree removal permit from the City Parks Department for the removal or relocation of trees as per Section 13,20.020 of the Code, An erosion control plan prepared by a professional engineer. All runoff should be retained onsite. The erosion control plan needs to describe the erosion control measures to be used during construction and permanent erosion control measures. . . . Adequate landscape plan showing how erosion will be mitigated. A tap permit from the Aspen Consolidated Sanitation District and all applicable fees, A map showing the construction vehicle haul route. . . 2, The Site Iniprovement Survey submitted at the time of building permit submittal shall include the following: . All of the utilities shall be shown. . The Surveyors Certificate needs to state the accuracy of the survey. 3. After construction is complete, the setbacks shall be re-vegetated with native plant speCies, 4, The property line which boarders Pitkin County open space must have a construction fence installed to ensure no accidental disturbance occurs on the County property. 5, Sesame Street shall not be narrowed in any way during construction and any modifications to the road are to meet the City of Aspen's engineering standards. 6. These conditions of approval shall be printed on the cover sheet of the building permit set and all other drawing sets used for construction, The primary contractor shall be provided with a copy of this Resolution and shall submit a letter. as part of the building permit application stating that the conditions of approval have been read and understood. 7. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. The applicant shall record this Planning and Zoning Resolution with the County Clerk and Recorder. APPROVED by the Commission at its regular meeting on April 6, 2004. APPROVED AS TO FORM: COMMISSION: PLANNING AND ZONING City Attomey Jasmine Tygre, Chair II ,..... - '.~ ATTEST: Jackie Lothian, Deputy City Clerk C:\horne\saraho\planning\esa\2] OsesPZ _ RESO.doc - ....'" '~ Exhibit A 210 Sesame Street, Lot 2, Aspen Electric Subdivision STAFF COMMENTS: 8040 Greenline Review 26.435.030(C) 8040 Greenline Review Standards. No development shall be permitted at, above, or one hundred fifty (150) feet below the 8040 Greenline unless the Planning and Zoning Commission makes a determination that the proposed development complies with all requirements set forth below: 1. The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mud flow, rock falls and avalanche dangers. If the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and revegetate the soils, or, where necessary, cause them to be removed from the site to a location acceptable to the city. Staff finding: 210 Sesame Street was developed in the late 1980s so the issue of suitability of the development is not really applicable. No indications of problems related to the above standard have been observed or noted. The slope of this site does suggest that engineering considerations be incorporated into the development plans to accommodate slope stability. Staff has included conditions requiring the City Engineer be given information relating to mud flow, rock falls, avalanche dangers and soil toxicity. 2. The proposed development does not have a significant adverse affect on the natural watershed, runoff, drainage, soil erosion or have consequent effects on water pollution. Staff finding: Due to the steepness of the site, the development plans must incorporate adequate drainage mitigation measures for both during and after construction. The City Engineer has requested a drainage report and plan be submitted and approved prior to an application for a building permit being accepted by the Building Department. Staff has included the drainage requirement from the City Engineer as a recommended condition. 3. The proposed development does not have a significant adverse affect on the air quality in the city. Staff finding: The development is not expected to have any affect on the area's air quality 4. The design and location of any proposed development, road, or trail is compatible with the terrain on the parcel on which the proposed development is to be located. Staff finding: As stated above, as development already exists on this parcel (in the form of a demolished building) the design and location are not an issue. 5. Any grading will minimize, to the extent practicable, disturbance to the terrain, vegetation and natural land features. Staff Comments page 1 II ,........ '- - Staff finding: The applicant is required to meet setback requirements for the zone district; therefore the disturbance will be limited to those areas. 6. The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space, and preserve the mountain as a scenic resource. Staff finding: The request for an attached ADD is partially due to this standard. The applicant is seeking to minimize impact to slopes higher up by allowing access to the ADD via an already existing road. 7. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain, Staff finding: The building height and bulk are minimized and will blend in with the open character of the mountain. The proposed architecture includes flat roof forms, which are subject to more stringent height requirements, and a structure that steps up the hill with the topography. 8. Sufficient water pressure and other utilities are available to service the proposed development. Staff finding: The water line was upgraded in 2002-2003 during the remodel of and addition for 200 Sesame Street. 9. Adequate roads are available to serve the proposed development, and said roads can be properly maintained. 10. Adequate ingress and egress is available to the proposed development so as to ensure adequate access for fire protection and snow removal equipment. Staff finding: Measures were taken during the remodel of and addition to 200 Sesame Street to safer access for fire protection and snow removal. 11. The recommendations of the Aspen Area Community Plan: ParkslRecreationlTrails Plan are implemented in the proposed development, to the greatest extent practical. Staff finding: This parcel is not specified in the AACP: ParksIRecreationlTrails Plan. STAFF COMMENTS: Special Review 26.520.080(D) Special Review Standards to vary the ADU design standards 1. The proposed ADU or Carriage House is designed in a manner, which promotes the purpose of the ADU and Carriage House program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability. Staff Comments page 2 - ,.-.. Staff finding The proposed ADD meets these standards. The unit is in an accessible location, rather than being located up the hill with no vehicular access and the design is such that the unit will not be "absorbed" in to the uses of the primary residence. This unit provides both livability and privacy because the only attachment to the main residence is the entryway staircase and not a common wall. 2. The proposed ADU or Carriage House is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property. Staff finding: The proposed ADD meets this standard. 3. The proposed ADD or Carriage House is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of on-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. Staff finding: Staff finds this standard has been met. Due to the narrow, private access to the lot and the steep slopes, the proposed location of the ADD is the most suitable location on the site and allows for "clustering" of the buildings, as required by the 8040 Green1ine standards. C:\homelsaraho\planning\esa\210sesame _ EX..doc Staff Connnents page 3 II .......... - ATTACHMENT 2 -LAND USE APPLICATION f~~FLIGA.'IJ:: "Fflc.Jt:.-c;r Name: ~~c T2e.!IPeuCC=- Z /0 5 ES fr>o1 f"' s"1tl6C( (Indicate street address, lot & block number, Ie al descri tion where a '27 ';70 C/O 'Z- Location: REPRESENTATfVE: C1F "Z..CIWc tf. Ir12..c.J.//7?r::r(/'ea 1!:sPG'MJ Co WIL..l-1 1==': O. 0 >< s-IfLJ- '1041 PRO"''''''' f'rP'P(,../C+r(" Name: ALAIN -:Pc"l1-i2.Itc1IC Address: "2-00 .seS/rM1~ $-neaf Phone #: 41f ft: - 2.1;. Zo TYPE OF APPLICATION: (please check all that apply): Name: Address: Phone #: 0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt, J29. Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Development 0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt, 0 GMQS Allotment 0 Final SPA (& SPA Amendment) '; 0 Historic Demolition 0 GMQS Exemption 0 Subdivision 0 Historic Designation g ESA - 8040 Greenline, Stream 0 Subdivision Exemptici>ll (includes 0 Small Lodge Conversion! Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ;, 0 Lot Split 0 Temporary Use 0 Other; 0 Lot Line Adjustment 0 TextlMap Amendment EXISTING CONDITIONS: HuMe ():::>~OLIS4f:.V> 7l1tz.(Jl)64 80'!0 krc."""1P1!~ 51"'&L~ ~Il:{ 'ROPOSAL: SltJ6-L.E 'P+'f/l.i '1C1'1/:- -+ SP-bLY!tt.. 12.bY/6>V -r,;, \/Nz..y ADu l2-E~lI.) I \'ZC"1 ~ ) lave you attached the following? FEES DUE: $ ~ Pre-Application Conference Summary . 5- Attachment # 1, Signed Fee Agreement . 9 Response to Attachment #3, Dimensional Requirements Form ' j Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 11 plans that are larger thim 8.5" x 11" must be folded and a floppy disk with an electronic copy of all Written 'Xl (Microsoft Word Format) must be submitted as part of the application. PLANNER: PROJECT: REPRESENTATNE: OWNER: DESCRIPTION: - ....... ch-r- OF ASPEN .,.J PRE-APPLICATION CONFERENCE SUMMARY Sarah Oates, 920-5441 DATE: 02/23/2004 210 Sesame Street (Lot 2, Aspen Electric Subdivion) Bill Pollock Alain Degraeve, 925-5945 8040 Greenline Review for construction of asingle family structure and Special Review to vary ADD requirements, Land Use Code Section(s) (Cite all sections numbers and titles that apply to the application.) 26.435.030(8) Environmentally Sensitive Areas, 8040 Greenline Review 26.520.080(0) Special Review for ADU Design Standards Review by: Public Hearing: Referral Agencies: Planning Fees: Referral Agency Fees: Total Deposit: Staff for completeness; P&Z approval. Yes Engineering, Housing $1310. Engineering & Housing, Minor ($185) $1680 To apply, submit the following information: I. Proof of ownership with payment, ' 2, Signed fee agreement. < 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name,. address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a , current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application, 5. Total deposit for review of the application, 6. 10 Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = Ilea.; Planning Staff = I 7. An 8 112" by II" vicinity map locating the parcel within the City of Aspen. . 8. Site improvement survey including topography and vegetation showing the current status, including all easements , and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado, (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed, 10. List of adjacent property owners within 300' for public hearing, The GIS department can provide this list on . mailing labels for a small fee. 920.5453 11. Copies of prior approvals, 12. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats, Compact Disk (CD)-preferred, Zip Disk or Floppy Disk, Microsoft Word format is preferred, Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that mayor may not be accurate, The summary does not create a legal or vested right. II '"' ;J,fo ..43 S'-: 030 (C-) ......... -'" C, 8040 greenline review standards. No development shall be permitted at, above, or one hundred fifty (150) feet below the 8040 greenline unless the Planning and Zoning Commission makes a determination that the proposed development complies with all requirements set forth below. I. The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mud flow, rock falls and avalanche dangers, If the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and revegetate the soils, or, where necessary, cause them to be removed from the site to a location acceptable to the city. 2, The proposed development does not have a significant adverse affect on the natural watershed, runoff, drainage, soil erosion or have consequent effects oh water pollution, 3. The proposed development does not have a significant adverse affect on the air quality in the city. 4, The design and location of any proposed development, road, or trail is compatible with the terrain on the parcel on which the proposed development is to be located, 5, Any grading will minimize, to the extent practicable, disturbance to the terrain, vegetation and natural land features. 6. The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space, and preserve the mountain as a scenic resource. 7. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. 8. Sufficient water pressure and other utilities are available to service the proposed development. 9, Adequate roads are available to serve the proposed development, and said roads can be properly maintained. Adequate ingress and egress is available to the proposed development so as to ensure adequate access for fire protection and snow removal equipment. ;;;,Co _ 5~ _06<(0) ~-. D. Special Review. An application requesting a variance from the ADD and Carriage House design standards, or an appeal of a determination made by the Community Development Director, shall be processed as a Special Review in accordance with the Common Development Review Procedure set forth in Section 26.304, The Special Review shall be considered at a public hearing for which notice has been posted and mailed, pursuant to Section 26.304,060(E)(3)(b and c), Review is by the Planning and Zoning Commission. If the property is a Historic Landmark, on the Inventory of Historic Sites and Structures, or within a Historic Overlay District, and the application has been authorized for consolidation pursuant to Section 26,304, the Historic Preservation Commission shall consider the Special Review, A Special Review for an ADD or Carriage House may be approved, approved with conditions, or denied based on conformance with the following criteria: I, The proposed ADD or Carriage House is designed in a manner which promotes the purpose of the ADD and Carriage House program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability. 2, The proposed ADD or Carriage House is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property, 3. The proposed ADD or Carriage House is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of on-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. II -. ....... February 25, 2004 Community Development City of Aspen 130 South Galena St. Aspen, CO 81611 To The Community Development Dept. of Aspen, A Development description: The new development consists of a single family home placed in the approximate location a previously existing home. The new development will be of typical wood frame construction with stone, stucco, metal and wood siding. The roof material will be matte finished metal The exterior lighting, when designed, will comply with the lighting ordinance. B. The following are the responses to the 8040 Greenline Review Standards: I. A five bedroom residence previously existed on the parcel where the proposed development is to be located. The existing house was granted a demolition permit utilizing the 8040 Greenline exemption process. To my knowledge the construction history of the original home did not reveal any hazardous or toxic soils. The grade immediately above the property naturally benches. The house steps up the site to fit within the height restriction and minimize the excavation. At the rear-most portion of the residence, there is very little hillside above to pose any mudflow, rock full, or avalanche danger. The applicant shall re-vegetate, where necessary, to stabilize soils. 2. The proposed residence will not have a significant adverse affect on the natural watershed, runo~ drainage, soil erosion or have consequent effects on water pollution. There does not appear to be any existing water flows on site, nor do there appear to be any waterflows below the site. 3. Not applicable I 1- ,",..., ~ "../ 2 4. The new development is compatible with the terrain because it is not significantly changing the grading adjacent to it, and is not proposing any new access corridors. 5. Grading will around the house will be changed primarily to add positive drainage away from the house. It is likely that there may be outdoor uses to the south, however due to the slope of existing grade these deck areas would primarily lie above existing grade. 6. The proposed residence has been located such that the garage is in close proximity to the access road. The garage is also located under a second level thus reducing grading and maintaining more open space. 7, The roofs have been designed as low sloping or flat construction in order to minimize the height ofthe structure, The house has been set into the hillside to the greatest extent possible, is primarily horizontal in design, and terraces down the hill- the net effect is to, as much as possible, create a massing that blends into the mountain topography. 8. All utilities presently exist at the site. The existing home was previously connected to the City of Aspen water and sewer system. The proposed residence should not add any significant amount of water pressure. 9. Adequate roads to serve the development already exist and have been (and will be) properly maintained. The ingress and egress of the existing access road is not being affected by the residence. The existing access road will remain "as is". C. Variance from the ADD standards- The proposed ADD requires a variance because of its proximity to the house and a connection to the house created by the unit's incorporation into the entry stair. The ADD is open on three sides, Responses to the criteria for the Special Review for an ADD are as follows: I. The ADD has been designed to be a fully functional living unit that the owner intends to use for the housing of a nanny. The ADD has been located on the site so that it is distanced from the main house, given the topographic constraints on the lot, as much as possible. The ADU has been located to provide it with all but the earliest morning sunshine and as well as spectacular views ofIndependence Pass and Aspen Mountain. 'I /"'" - ''''.".,..r , , 2. The ADD has been designed in such a way so that it is a complementary design element for the house. However, while complementing the overall design for the house, it has also been designed to be its own distinct element within the overall composition. 3, The ADD does not place any additional burdens on the neighborhood. Its dirnensionsare in conformance with the accessory building for any of the zone district requirements, the parking space is located on site, there is a bus stop within a few hundred feet, and is a few hundred feet from Smuggler Mountain Road and Hunter Creek trail access. William Pollock Zone 4 Architecture, Inc. 3 .- , ,-"",,? .~\. H!f!!!..e;-~~ ).// 'f ~~~~. a .... 11\ . o . . 'xi White River . l< .~ AI r:.': National ~. " 6- 1 . Faresr' ., 11 . 'f I h - .~\ i rf I ! i I. " I"'" , :?' f'~ ~: .....: 'i,! ;.:::: i;:' ~.<~[. ,~... "~-e:;: : ~: 'i= :;: S' ~: CD. ..:::. to ~: ..: "'", ~: ~: '~f. ;Sf ~: -. ~: s= ~: ,,: ". ,,: a: ...: ~. ..: ,... ~: As... ...p ..........e......:.-.:..;.' .... ."-.1:"'-';'.' ~! .~ " :> c :;; SU~~(.'T 'P1l.o~ II February 25, 2004 Community Development City of Aspen 130 South Galena St, . Aspen, CO 81611 r- ....,...-# To The Community Development Dept. of Aspen, J William Pollock of Zone 4 Architecture, Inc.(license # B-3329) will act on behalf of Mr. Degraeve for the 8040 GreellIine Review. Contact infor,mation for Mr. Pollock are as follows: William Pollock Zone 4 Architecture, Inc. P.O, Box 2508 Aspen, CO 81612 P 544-9041 F 544-4885 Thank You, Alain Degraev 200 Sesame S . Aspen, CO 81611 P 544-0111 .; Jam Free Printing Use Avery@ TEMPLATE 5160@ "AGLEY JOSEPH A 424 PARK CIR #TH5 ASPEN, CO 81611 BERNARD RANDY 100 HARKNESS RD PELHAM, MA 01002-9776 BLOMQUIST JENIFER PO BOX 12155 ASPEN. CO 81612 BROOKS KERRI L 112 MIDLAND PARK PL ASPEN. CO 81611 CARSON BARBARA PO BOX 10298 ASPEN, CO 81612 COLORADO MTN NEWS MEDIA PO BOX 272409 FT COLLINS, CO 80527-2409 CUNNINGHAM PAMELA M 502 MIDLAND PK PL ASPEN, CO 81611 DEGRAEVE ALAIN PO BOX 7975 ~SPEN, CO 81612 JODINGTON SUSAN M ~21 MIDLAND PARK PL ,SPEN, CO 81611 :TTLlNGER'JARED P W/ GODWIN '0 BOX 10936 . \SPEN. CO 81612 @09~5 @AlI3J\V ~ - www.avery.com .........." 1-800-GO-AVERY - ~ AVERY@5160@ (" - , ASPEN/PITKIN COUNTY HOUSING AUTHORITY 530 E MAIN ST #001 . ASPEN, CO 81611 " , ! BESTIC JEFFREY B 301 MIDLAND PARK AVE PO BOX 2267 ASPEN, CO 81611 BOYD JEFFREY R PO BOX 8361 ASPEN. CO 81612 BUCKLEY BETTY J 326 MIDLAND AVE #303 :. ASPEN, CO 81611 ) , CHAUNER RONALD M & JACKIE L SHEFFER PO BOX 8782 ! ASPEN, CO 81612 COOKMAN WILLIAM THOMAS 508 PARK CIR ASPEN, CO 81611 ;, DAVIS D STONE PO BOX 8904 ASPEN. CO 81612 ,:, ! DETWEILER DIRK ! i PO BOX 812 ASPEN, CO 81612 EPLER ANDI E PO BOX 785 ASPEN, CO 81612 " , I,. I FERLlSI MARY SANDRA 326 MIDLAND AVE #307 ASPEN, CO 81611 A1I3^V-09-OOS-~ WO)OUaApOAAAAM - BENTLEY CARL F 427 PARK CIR ASPEN. CO 81611 i 'I BIRACH KAREN :; 122 MIDLAND PARK PL ASPEN, CO 81611-2414 BRIGHT GALEN PO BOX 1848 ASPEN. CO 81612 , , 'I: ! I (CALK LAURA E ,., I ' I WILLCOX DENNIS AS JOINT TENANTS . ': 722 MIDLAND PARK PL I: [ ASPEN, CO 81611-2472 . CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 CUNNINGHAM CAITL YN E 425 PARK CIR #Al ASPEN, CO 81611 DAY ISABEL T & ESTER T 120 TURTLE COVE ASPEN, CO 81611-9610 DICKENSON GWEN F 420 EAST HYMAN ASPEN, CO 81611 I' " ERLANGER MELISSA ., PO BOX 2504 ASPEN, CO 81612 FISHER CONSTANCE A 330 ANAYA RANCH RD GALlSTEO, NM 87540 @09~5 3lVld!i31 ~9^V asn II Jam free Printing Use Avery@ TEMPLATE 5160@ LUG MARTIN 16 E HYMAN SPEN, CO 81611 UENTES DAVID & KATHARINE D J2 MIDLAND PARK PL SPENo CO 81611 ODWIN DIANA L WI ETTLINGER 12 MIDLAND PARK PL SPEN, CO 81611-2472 REENWOOD KRYSTINA )50 MATCHLESS DR #2 SPEN, CO 81611 AGEN CATHERINE ANNE 10 MIDLAND PARK PL B-l0 SPEN, CO 81611 IGHT NEIL C & SEWELL KATHRYN 20 E COOPER AVE SPEN, CO 81611 lARA RON o BOX 9757 SPEN, CO 81612-9757 :JHNSON SHAEL UNO 80% INT o BOX 3549 SPEN, CO 81612 ANG NOBUKO SINJA 36 MIDLAND AVE #6 SPENo CO 81611 OLBERG JUDITH A )1 MIDLAND PARK PL SPEN, CO 81611 ftft.,.~.....__...... ~ /""'. - www.avery.com 1-800-GO-AVERY - FLUG MARTIN C/O GULFCO 616 E HYMAN AVE ASPEN, CO 81611 i GARTON SARA B 110 MIDLAND PARK PL ASPEN, CO 81611 . GOODMAN DREW I 5721 GREEN OAKS DR GREENWOOD VILLAGE, CO 80121-1336 GRIFFITHS THOMAS W 504 MIDLAND PARK PL ASPEN, CO 81611 , HECK JAMES C PO BOX 8416 ASPEN, CO 81612 HOUBEN CYNTHIA MICHELE i PO BOX 9616 . ASPEN, CO 81612 ' ;, INK! COFFEE COMPANY' PO BOX 7961 , ASPEN, CO 81612 I , JOHNSON WILLIAM E PO BOX 1285 i i ASPEN, CO 81612 , i -' , I ii' KARAUS LINDA MARIE & GREGORY I: DONALD Ii 510 PARK CIR I i ASPEN. CO 81611 . KRIEBEL KATHLEEN PO BOX 910 ASPEN. CO 81612 AIl3^\f-09-o08-~ - -. - ~ AVERY@ 5160@ FORNELL PETER J 402 MIDLAND PARK PL ASPEN, CO 81611 i ' , GLOOR JOHN L , I 500 PARK CIR : ASPEN, CO 81611 GORBITZ HEIDI GORBITZ PATRIC ,. PO BOX 647 , i i ASPEN, CO 81612 II GRUBBS MATT 333 MIDLAND AVE #3 ASPEN, CO 81611-2412 HIGGINS PAUL 303 MIDLAND PARK PL #C-3 ASPEN, CO 81611 HUA VINH PO BOX 2439 , ASPEN. CO 81612 JEFFERSON GR'EG . 711 MIDLAND PARK PLACE ASPEN, CO 81611 i( I ! JOHNSTON PEGGY LIVING TRUST , PO BOX 4533 ': ASPEN. CO 81612 i ;1 . KOCH KATHRYN S & JOHN F 304 MIDLAND PARK PL C-4 ASPEN, CO 81611 LOW RICHARD B PO BOX 8744 ASPEN. CO 81612 ...09L~ 3.l1fldll\l3.1 .,fiJiJA'lI asn -. Jam Free Printing Use Avery@ TEMPLATE 5160@ LUU TONG KHON 435 E MAIN ST ASPEN. CO 81611 MCDONALD FRANCIS B PO BOX 4671 ASPEN. CO 81612 MCPHEE JAMES MICHAEL 401 MIDLAND PARK PL ASPEN, CO 81611 MOHWINKEL CLIFF , 2363 PEACHTREE LN SAN JOSE, CA 95128 NAGLE MELINDA LEE PO BOX 914 ASPEN, CO 81612 NEWELL GEORGE S PO BOX 2179 BOULDER. CO 80306 PATTEN DAVID N 810 MIDLAND PARK PL ASPEN, CO 81611 PHILLIPS ARTHUR R & GRANO HELEN B PO BOX 8245 ASPEN. CO 81612 RITTER JEANNE MARIE 1018 20TH ST APT A SANTA MONICA, CA 90403 SINGER DAVID J B 409 PARK CIR #4 ASPEN, CO 81611-2478 @09~S @.ul3J\V ~ - ,- - LUU VINH PO BOX 8513 ASPEN, CO 81612 II MCDONNELL NANCY , 50 RIVERSIDE DR #6B NEW YORK, NY 10024 MEBEL GREGORY E , : 326 MIDLAND AVE #102 i I i ASPEN. CO 81611-2430 '" 1,1 www.avery.com 1-800-GO-AV,.....' MORK HALBERT L FAMILY TRUST 77 ASPEN WAY ROLLING HILLS, CA 90274 '. NARAT BENJAPORN FLAT 9 22 RED LION ST LONDON WC1 R4PS. UK NICHOLS SCOTT A PO BOX 3035 ASPEN. CO 81612 PAULlDES BROOKE A 415 PARK CIRCLE ASPEN, CO 81611-2478 )' I PIERCE ROBERT KING PO BOX3118 ASPEN, CO 81612 ROSEN JANE PO BOX 9853 ASPEN. CO 81612 SMISEK LINDA L E 429 PARK CIR C-3 ASPEN, CO 81611 ^1l3^,lf-o!l-OO8-~ wOJ".(Ja^e.MMM, :, - - ~ AVERY@ 5160@ MACCRACKEN SCOTT R & MARISA POST PO BOX 10821 ASPEN. CO 81612 I, I: MCGAVOCK MARGARET , ALBERT ELIZABETH A ; PO BOX 533 ASPEN. CO 81612 MERZBACH NINA & WILLIAM PO BOX 3465 ASPEN, CO 81612 . ',i MOYER MARY 424 PARK CIR #6 ASPEN, CO 81611 NEW STEPHEN E & KORI A 821 MIDLAND PARK PL ASPEN, CO 81611 OLDFIELD BARNEY 326 MIDLAND AVE #306 ASPEN, CO 81611-2430 !' PAULlDES H'ERBERT B & CAROLYN F , 160 CONCORD RD ,i LONGMEADOW, MA 01106 'I PITKIN COUNTY , 530 E MAIN ST S'fE 302 ASPEN, CO 81611. ROWARS CHARLES M 4990 SOUTHWEST 52ND STREET - STE ,201 , , DAVIE. FL 33314 , SMITH JACK L & DIANE M 434 COTTONWOOD DR EVERGREEN, CO 80439 @09~S 3l.V1dW31 e^J9AV 9Sn e.._.___ II Jam Free Printing Use Avery@ TEMPLATE 5160@ AITH KATHLEEN M o BOX 9173 ;PEN, CO 81612-9173 'ONAR ANTON K AND JUDY 2 MIDLAND PARK PL ;PEN. CO 81611-2486 ,YLOR JACQUELINE W o STOVROFF & TAYLOR TRAVEL 27 WEHRLE JFFALO. NY 14221 '1LDRON K BRENT lATES REID & WALDRON C/O o E HYMAN AVE ;PEN, CO 81611 oLDEN TODD E & DEBORAH C 3 MIDLAND PARK PL #E3 ;PEN, CO 81611 JLPIN LAUREN 4 PARK CIR TH-3 ;PEN, CO 81611 ^^,- - ......--........ ~ I"'" - www.avery.com 1-800-GO-AVERY - , " SMUGGLER RACQUET CLUB C/O SUE COOK PO BOX 8788 ASPEN, CO 81612 )il STEIN DEBORAH ! 710 MIDLAND PARK PL ASPEN,CO 81611 THIEMER FRED EDWARD 326 MIDLAND AVE #302 . . i ASPEN. CO 81611 " :1 WEBSTER DAVID H PO BOX 10362 : I ASPEN, CO 81612 ': WELLS JOSEPH EDWARD , , 602 MIDLAND PARK PL F-2 ASPEN. CO 81611 ZUCCO JESSE J PO BOX 1822 , BASALT. CO 81621 I' !i" II :1 :. IiI' 1;1 I' A1I3^V-09-00B-~ - -@ AVERY@5160@ SPECK KIM JENNIFER PO BOX 9912 " ASPEN. CO 81612 I SWIFT LARRY I i PO BOX2711 ! I ASPEN, CO 81612 WAGAR RICHARDH 601 E HYMAN AVE " ASPEN, CO 81611 I' I I , WEISS AUSTIN R & REBECCA L I 121 MIDLAND PARK PL , ASPEN, CO 81611 WERNING JOHN R 905 E HOPKINS ASPEN, CO 81611 I ' ~ r ....001 C :l1W"l..lIAl:l1 _I.IDoAW:::Kn ,. - ~ ". _/ EASEMENT AGREEMENT This Easement Agreement is made this day of April, 2002, between Barry C. Siegel and Sharon L. Siegel and their respective heirs, successors and assigns (collectively, "Grantees") and John L. Gloor, william Thomas Cookman, Linda Marie Karaus and Gregory Donald Karaus and their respective heirs, successors and assigns (each individually, a "Grantor", and collectively, the "Grantors"). Whereas, Grantees are the owners of Lot 2, Aspen Electric Subdivision, according to the Plat thereof recorded February 19, 1993 in plat Book 30 at Page 85 as Reception No. 354093, Pitkin County, Colorado (" Lot 2, Aspen Electric Subdivision") . Whereas, Grantor John L, Gloor is the owner of Condominium Unit 500, Smuggler's Cove Condominiums, according to the condominium Map thereof recorded March 5, 1993 in Plat Book 30 at Page 94, and as defined and described in the Condominium Declaration for Smuggler's Cove recorded March 3, 1993 in Book 70S'at Page 103, pitkin County, Colorado. whereas, Grantor William Thomas Cookman is the owner of Condominium Unit 508, Smuggler's Cove Condominiums, according to the Condominium Map thereof recorded March 5, 1993 in Plat Book 30 at Page 94, and as defined and described in the Condominium Declaration for Smuggler's Cove recorded March 3, 1993 in Book 705 at Page 103, Pitkin County, Colorado. Whereas, Grantors Linda Marie Karaus and Gregory Donald Karaus are the owners of Condominium unit 510, Smuggler's Cove Condominiums, according to the Condominium Map thereof recorded March 5, 1993 in Plat Book 30 at Page 94, and as defined and described in the Condominium Declaration for Smuggler's Cove recorded March 3, 1993 in Book 705 at Page 103, pitkin County, Colorado. Whereas, Grantors as tenants in common, are also co-owners of all of the "Common Elements" of the Smuggler's Cove Condominiums as defined and described in the Condominium Declaration for Smuggler's Cove recorded March 3, 1993 in Book 705 at Page 103, pitkin County, Colorado and as depicted on the Final Plat of Aspen Electric Subdivision Affordable Housing Planned unit Development Amendment recorded in plat Book 57 at Page 85, Pitkin County, Colorado. Whereas, the Smuggler's Cove Condominiums are located on Lot 1, Aspen Electric Subdivision, according to the Plat thereof recorded February 19, 1983 in plat Book 30 at Page 85 as Reception No. 354093, Pitkin County, Colorado ("Lot 1, Aspen Electric Subdivision") . Whereas, the Final Plat of the Aspen Electric Subdivision recorded in Plat Book 30 at Page 85, Pitkin County, Colorado depicts a "pedestrian Access & Utility Easement" traversing Lot 1, Aspen Page 1 of 6 ~ ,/' i 11111/111111111111111111111/1111111111111111111/1111111 ~~;~~::1: ~ . 06~ SIlVJR DAVIS PITKIN COlA\lTY co R 90 00 D . . 0.08 II - - '."".", Electric Subdivision for the benefit of Lot 2, Aspen Electric subdivision, but does not dedicate the Pedestrian Access & Utility Easement for the use of Lot 2, Aspen Electric subdivision. Whereas, the Final Plat of the Aspen Electric Subdivision Affordable Housing Subdivision Planed Unit Development Amendment recorded in plat Book 57 at Page 85, pitkin county, Colorado erroneously references recording information of Book 546, Page 575 for such "Pedestrian Access & Utility Easement" when a separate "pedestrian Access & Utility Easement" was not recorded in the Office of the Clerk and Recorder of pitkin County, Colorado. Now, therefore, for a good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantors and Grantees enter into this Easement Agreement in order to provide for a dedication of a pedestrian access and utility easement over Lot 1, Aspen Electric Subdivision for the benefit of Lot 2, Aspen Electric Subdivision, in the location depicted on the Final plat of the Aspen Electric Subdivision recorded in Plat Book 30 at Page 85, Pitkin County, Colorado and in the location depicted on the Final Plat of Aspen Electric Subdivision Affordable Housing planned Unit Development Amendment recorded in Plat Book 57 at Page 85, pitkin County, Colorado. 1. Grant of Easement. Grantors hereby grant to Grantees and Grantees' heirs, successors and assigns, a perpetual easement and right-of-way under and across Lot 1, Aspen Electric Subdivision for the purpose of providing pedestrian access to and from Lot 2, Aspen Electric Subdivision, and for the installation, maintenance, repair, operation, replacement and removal of utilities to serve Lot 2, Aspen Electric Subdivision. The easement and right-of-way shall be twenty (20) feet in width and shall be located along the alignment depicted on the Final Plat of the Aspen Electric Subdivision and the Aspen Electric Subdivision Affordable Housing Subdivision Planned Unit Development Amendment; provided that the easement and right-of-way shall also include any portion of Lot 1, Aspen Electric Subdivision where a staircase currently in place on Lot 1, Aspen Electric Subdivision as depicted on the Final Plat of the Aspen Electric Subdivision Affordable Housing Subdivision Planned Unit Development Amendment deviates from the twenty (20) foot wide alignment. 2, Restoration of Surface. In the event that Grantees disrupt any structures, shrubbery, or landscaping on the surface of the easement and right-of-way in connection with the rights granted herein, Grantees shall be responsible for the reasonably prompt restoration of any disturbed structures, shrubbery, or landscaping on the surface of the easement and right-of-way in connection with Grantees' exercise of their rights as granted herein. 3. pedestrian Access: staircase. The easement and right-of-way granted herein provides for pedestrian access to and from Lot 2, Page 2 of 6 /.-..-/''--'" ~~ 1111111111111111111111111111111111111111111111111111111 ~~~~~:1: ~ 06~ SILVIR ~VIS PITKIN COUNTY CO R 90.08 D 0.08 .1"'"' -""'" .... Aspen Electric Subdivision. In connection therewith, Grantees have previously constructed a staircase crossing Lot 1, Aspen Electric Subdivision as depicted on the Final Plat of the Aspen Electric Subdivision Affordable Housing Subdivision planned Unit Development Amendment. From time to time, Grantees may remove or repair such existing staircase, and may replace or alter such existing staircase with a new staircase complying with the City of Aspen Building Code, and constructed with different materials in the same or in a different location from the existing staircase, as long as such new staircase, as it crosses Lot 1, Aspen Electric Subdivision, is located within the alignment of the easement and right-of-way as provided for herein, including any portion of Lot 1, Aspen Electric Subdivision where the existing staircase currently in place deviates from the twenty (20) foot wide alignment depicted on the Final plat of the Aspen Electric Subdivision and the Aspen Electric Subdivision Affordable Housing Subdivision planned Unit Development Amendment. 4. Ratification of Prior Easement. Grantees and Grantors hereby ratify and confirm the terms, conditions, rights, and obligations of the Agreement entered into among Grantees and Robert C. and Glenda Smith recorded on September 22, 1987 and recorded in Book 546 at Page 515, pitkin County, colorado providing for among other things, the Grantees' grant of an easement "over the northwest corner of Lot 3 of Sunny Park North Subdivision so as to provide the Smiths with access to a common utility connection. " 5. Ownership. Grantors represent and warrant that Grantors are the owners of Lot 1, Aspen Electric Subdivision and that Grantors have the right to grant this easement and right-of-way. 6. APproval of Association. Grantors represent and warrant that the terms and provisions of this Easement Agreement have been ratified and approved by the Smuggler'S Cove Condominium Association. 7. Heirs. Successors and Assions. This Easement Agreement shall inure to the benefit of and be binding upon the respective heirs, personal representatives, successors and assigns of the parties, shall be deemed a covenant running with the land for the use and benefit of Lot 2, Aspen Electric subdivision, and as a burden upon Lot 1, Aspen Electric Subdivision, and shall remain in full force and effect so long as the easement and right-of-way provided for herein shall be utilized for the purposes for which the easement and right-of-way were granted. 8, Indemnification. Each party shall hold harmless and indemnify the other party from any liability for personal injury, property damages, claims, demands, costs or liabilities, including reasonable attorney's fees, resulting from or arising out of any installation, repair, operation, maintenance, or use of the easement and right-of-way, or arising out of the negligence or wilful misconduct of the indemnifying party or his, her or its respective Page 3 of 6 ~ 11\\1\\ \\\1\ Dllll \lll 1\\\1 Illl\\1 \lllI \~ \\1\\ IIII 1\\1 ~~~:i~;l) ~ : 06~ SH..vtR DA....IS PITKIN COUNTY CO R 90 .011) r___ . ~I - - \ \1111111111111111111111111 ~11111111I111111\11111\ \111 :;~~~::1; ~ : 06~ SlLVIR DAVIS PITKJN COUNTY CO R 98.00 D 1.0' employees, agents, and representatives. 9. Notice. All notices hereunder shall be in writing and shall be deemed to have been duly given on the date of personal delivery or three days after deposit in the United States Mail, postage prepaid, certified or registered, and properly addressed to the mailing address of the parties at their addresses set forth in this Easement Agreement. Any party, or any successor or assign to a party, may change its address for purposes of notice, by giving notice as provided above, and recording in the real property records of pitkin County, Colorado a notice referencing this Easement Agreement and the legal description of the Property. 10. Counteroarts. This Easement Agreement may be executed in multiple counterparts, in writing or by legible facsimile copy, each of which shall constitute an original, but all of which, taken together, shall constitute one and the same instrument. 11. Miscellaneous. This Easement Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supercedes all prior and contemporaneous representations, understandings and agreements. No provision of this Easement Agreement may be waived except in a writing executed by all of the parties hereto. The rule of strict construction shall not apply to this Easement Agreement and this Easement Agreement shall be given reasonable construction without construing the Easement Agreement against the party who drafted it. In the event of any action or proceeding to enforce the provisions of this Easement Agreement, the prevailing party shall be entitled to recover his, her or its reasonable attorney's fees and costs, in addition to any other relief to which he, her or it may be entitled. IN WITNESS WHEREOF the parties have duly executed this Easement Agreement on the date set forth above. Dated: April Ib, 2002 G~: /~. / Barry C. , '2 d7 ~ ~. s) Dated: April ~, 2002 (a 'V\ha.? -'>'h '-f V';.,.' / Sharon L. .Siegel io.xf.w"e; VI r'" c:c <./1 . (add ess) ~~~. ~;:--;_._()~I==>~ .).~ ~~1o~'M.L~ \Jf\~ wv.o ~ ~ ~M~'~~6 ,?OW-. ~ ~O'Y\ Pn.~ ~~lPI.;;oVt.f ,-' --.. '" ". " GRANTORS: Dated: April 2002 John L. Gloor (address) tv:~ T wi{iiam )'homas &] v If ,/ A,/'v<., 4,."Pt; r- c.- (address) ~ Dated: April lk-, 2002 Cookman ('-ilL &/<1" I i I I I I I I ! i I I I I ! ; I Dated: April 2002 Linda Marie Karaus (address) Dated: April 2002 Gregory Donald Karaus (address) 111111111111 1111/1111111111111111111111 ~I II~ 11111111 ~~;~~~1 :~: 86_ SILVIR DAVIS PITKIN COUNTY CO R 98.00 00.00 Page 5 of 6 ~ ( iI r'" - STATE OF COLORADO ss COUNTY OF PITKIN The foregoing instrument was aCknowledged before me this __ day of April, 2002 by John L. Gloor. Witness My hand and seal My Commission Expires: Notary Public STATE OF COLORADO ss COUNTY OF PITKIN -Ki The foregoing instrument was acknowledged before me this ua:-day of April, 2002 by William Thomas Cookman. ss ay Witness My hand and seal !'~J::~FY My Commission Expires: crAD.L-f.21j I :2VJ'f STATE OF COLORADO COUNTY OF PITKIN The foregoing instrument was acknowledged before me of April, 2002 by Linda Marie Karaus. Witness My hand and seal Notary Public My Commission Expires: STATE OF COLORADO ss COUNTY OF PITKIN The foregoing instrument was acknowledged before me this __ day of April, 2002 by Gregory Donald Karaus. Witness My hand and seal Notary Public My Commission Expires: 2870\2easementSiegel,03 Page 6 of 6 111(~I.'~!IIIIU~ IIIIII'I'IIIIIIIIIIII~"IIIIIII ~~;~~~l: ~ 06< IS PITKIN COUNTY CO R 90.10 D I.ee . ./? - . ,-'-, ... . EASEMENT AGREEMENT This Easement Agreement is made this day of April, 2002, between Barry C. Siegel and Sharon L. Siegel and their respective heirs, successors and assigns (collectively, "Grantees") and John L. Gloor, william Thomas Cookman, Linda Marie Karaus and Gregory Donald Karaus and their respective heirs, successors and assigns (each individually, a "Grantor", and collectively, the "Grantors"). Whereas, Grantees are the owners of Lot 2, Aspen Electric Subdivision, according to the plat thereof recorded February 19, 1993 in Plat Book 30 at Page 85 as Reception No. 354093, pitkin County, Colorado ("Lot 2, Aspen Electric Subdivision"). Whereas, Grantor John L. Gloor is the owner of Condominium Unit 500, smuggler's Cove condominiums, according to the Condominium Map thereof recorded March 5, 1993 in Plat Book 30 at Page 94, and as defined and described in the Condominium Declaration for smuggler's Cove recorded March 3, 1993 in Book 705 at Page 103, pitkin County, Colorado. Whereas, Grantor William Thomas Cookman is the owner of Condominium Unit 508, Smuggler's Cove Condominiums, according to the Condominium Map thereof recorded March 5, 1993 in plat Book 30 at Page 94, and as defined and described in the Condominium Declaration for Smuggler's Cove recorded March 3, 1993 in Book 705 at Page 103, Pitkin County, Colorado. Whereas, Grantors Linda Marie Karaus and Gregory Donald Karaus are the owners of Condominium unit 510, Smuggler's Cove Condominiums, according to the Condominium Map thereof recorded March 5, 1993 in Plat Book 30 at Page 94, and as defined and described in the Condominium Declaration for Smuggler's Cove recorded March 3, 1993 in Book 705 at Page 103, pitkin County, Colorado. Whereas, Grantors as tenants in common, are also co-owners of all of the "Common Elements" of the Smuggler's Cove Condominiums as defined and described in the Condominium Declaration for Smuggler's Cove recorded March 3, 1993 in Book 705 at Page 103, Pitkin County, Colorado and as depicted on the Final Plat of Aspen Electric Subdivision Affordable Housing planned Unit Development Amendment recorded in Plat Book 57 at Page 85, Pitkin County, Colorado. Whereas, the Smuggler's Cove Condominiums are located on Lot 1, Aspen Electric Subdivision, according to the Plat thereof recorded February 19, 1983 in Plat Book 30 at Page 85 as Reception No. 354093, Pitkin County, Colorado ("Lot 1, Aspen Electric Subdivision"). Whereas, the Final Plat of the Aspen Electric Subdivision recorded in Plat Book 30 at Page 85, Pitkin County, Colorado depicts a "Pedestrian Access & Utility Easement" traversing Lot 1, Aspen Page 1 of 6 \ \11\\\ 11111 11\1\1 1\\1 11\1\ 1\111\\ 1\11\ III 111\\ Illl ~11 ~~~~~:1: ~ : B6~ SIlVIR ORvlS PITKIN COUNTY CO R 90 .00 D 0.08 II - - Electric Subdivision for the benefit of Lot 2, Aspen Electric Subdivision, but does not dedicate the Pedestrian Access & Utility Easement for the use of Lot 2, Aspen Electric Subdivision. Whereas, the Final Plat of the Aspen Electric Subdivision Affordable Housing Subdivision Planed Unit Development Amendment recorded in Plat Book 57 at Page 85, Pitkin County, Colorado erroneously references recording information of Book 546, Page 575 for such "Pedestrian Access & Utility Easement" when a separate "Pedestrian Access & Utility Easement" was not recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado. Now, therefore, for a good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantors and Grantees enter into this Easement Agreement in order to provide for a dedication of a pedestrian access and utility easement over Lot 1, Aspen Electric Subdivision for the benefit of Lot 2, Aspen Electric Subdivision, in the location depicted on the Final Plat of the Aspen Electric Subdivision recorded in Plat Book 30 at Page 85, Pitkin County, Colorado and in the location depicted on the Final Plat of Aspen Electric Subdivision Affordable Housing Planned Unit Development Amendment recorded in Plat Book 57 at Page 85, Pitkin County, Colorado. 1. Grant of Easement. Grantors hereby grant to Grantees and Grantees' heirs, successors and assigns, a perpetual easement and right-of-way under and across Lot 1, Aspen Electric Subdivision for the purpose of providing pedestrian access to and from Lot 2, Aspen Electric Subdivision, and for the installation, maintenance, repair, operation, replacement and removal of utilities to serve Lot 2, Aspen Electric Subdivision. The easement and right-of-way shall be twenty (20) feet in width and shall be located along the alignment depicted on the Final Plat of the Aspen Electric Subdivision and the Aspen Electric Subdivision Affordable Housing Subdivision Planned Unit Development Amendment; provided that the easement and right-of-way shall also include any portion of Lot 1, Aspen Electric Subdivision where a staircase currently in place on Lot 1, Aspen Electric Subdivision as depicted on the Final Plat of the Aspen Electric Subdivision Affordable Housing Subdivision Planned Unit Development Amendment deviates from the twenty (20) foot wide alignment. 2. Restoration of Surface. In the event that Grantees disrupt any structures, shrubbery, or landscaping on the surface of the easement and right-of-way in connection with the rights granted herein, Grantees shall be responsible for the reasonably prompt restoratior- of any disturbed structures, shrubbery, or landscaping on the surface of the easement and right-of-way in connection with Grantees' exercise of their rights as granted herein. 3. Pedestrian Access: Staircase, The easement and right-of-way granted herein provides for pedestrian access to and from Lot 2, Page 2 of 6 J 111111111111111111111111111 1111111111111111111111111111 ~~~~~:;~:~: 06~ SIL.VIA DAVIS PITKIN COUNTY CO R 90.00 00.00 -- , ... '.... " Aspen Electric Subdivision. In connection therewith, Grantees have prev10lisll'cortstructed a staircase crossing Lot 1, Aspen Electric Subdivision as depicted on the Final Plat of the Aspen Electric Subdivision Affordable Housing Subdivision planned Unit Development Amendment. From time to time, Grantees may remove or repair such existing staircase, and may replace or alter such existing staircase with a new staircase complying with the City of Aspen Building Code, and constructed with different materials in the same or in a different location from the existing staircase, as long as such new staircase, as it crosses Lot 1, Aspen Electric Subdivision, is located within the alignment of the easement and right-of-way as provided for herein, including any portion of Lot 1, Aspen Electric Subdivision where the existing staircase currently in place deviates from the twenty (20) foot wide alignment depicted on the Final plat of the Aspen Electric Subdivision and the Aspen Electric Subdivision Affordable Housing Subdivision Planned Unit Development Amendment. 4. Ratification of Prior Easement, Grantees and Grantors hereby ratify and confirm the terms, conditions, rights, and obligations of the Agreement entered into among Grantees and Robert C.' and Glenda Smith recorded on September 22, 1987 and recorded in Book 546 at Page 515, pitkin County, Colorado providing for among other things, the Grantees' grant of an easement "over the northwest corner of Lot 3 of Sunny Park North Subdivision so as to provide the Smiths with access to a common utility connection. " 5. Ownership. Grantors represent and warrant that Grantors are the owners of Lot 1, Aspen Electric Subdivision and that Grantors have the right to grant this easement and right-of-way. 6. Approval of Association. Grantors represent and warrant that the terms and provisions of this Easement Agreement have been ratified and approved by the Smuggler's Cove Condominium Association. 7. Heirs. Successors and Assions. This Easement Agreement shall inure to the benefit of and be binding upon the respective heirs, personal representatives, successors and assigns of the parties, shall be deemed a covenant running with the land for the use and benefit of Lot 2, Aspen Electric Subdivision, and as a burden upon Lot 1, Aspen Electric Subdivision, and shall remain in full force and effect so long as the easement and right-of-way provided for herein shall be utilized for the purposes for which the easement and right-of-way were granted. 8. Indemnification. Each party shall hold harmless and indemnify the other party from any liability for personal injury, property damages, claims, demands, costs or liabilities, including reasonable attorney's fees, resulting from or arising out of any installation, repair, operation, maintenance, or use of the easement and right-of-way, or arising out of the negligence or wilful misconduct of the indemnifying party or his, her or its respective Page 3 of 6 )J IIIIIIIIIIIII~I~ 1111111111111111111111111111111111111 ~~;~~~:l:~: 0S' SILVIR DAVIS PITKIN COUNTY CO R 9fl.00 D 0.00 II ,-.. - employees, agents, and representatives. 9. Notice. All notices hereunder shall be in writing and shall be deemed to have been duly given on the date of personal delivery or three days after deposit in the United States Mail, postage prepaid, certified or registered, and properly addressed to the mailing address of the parties at their addresses set forth in this Easement Agreement. Any party, or any successor or assign to a party, may change its address for purposes of notice, by giving notice as provided above, and recording in the real property records of pitkin County, Colorado a notice referencing this Easement Agreement and the legal description of the Property. 10. CounterDarts. This Easement Agreement may be executed in multiple counterparts, in writing or by legible facsimile copy, each of which shall constitute an original, but all of which, taken together, shall constitute one and the same instrument. 11. Miscellaneous. This Easement Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supercedes all prior and contemporaneous representations, understandings and agreements. No provision of this Easement Agreement may be waived except in a writing executed by all of the parties hereto. The rule of strict construction shall not apply to this Easement Agreement and this Easement Agreement shall be given reasonable construction without construing the Easement Agreement against the party who drafted it. In the event of any action or proceeding to enforce the provisions of this Easement Agreement, the prevailing party shall be entitled to recover his, her or its reasonable attorney's fees and costs, in addition to any other relief to which he, her or it may be entitled. IN WITNESS WHEREOF the parties have duly executed this Easement Agreement on the date set forth above. GRANTEES: Dated: April ~, 2002 Barry C. Siegel (address) Dated: April , 2002 Sharon L. Siegel 1111111111111111111111111111111111 111111111111111111111 ~~;~~~~f I: e 06~ SILVIA DAVIS PITKIN COLWTY CO R 98.00 0 8.00 . Page 4 of 6 (address) - - '>.. .... Dated: April ~, 2002 i[;JL J n L. Gloor _ SDD PAR/< Clfl-CLL: ASf's~ . (() 751&" (address) Dated: April 2002 h s Cookman William T oma (address) Dated: April 2002 d Marie Karaus Lin a (address) (address) I I I I i I I I ! I I i ! , Dated: April 2002 Gregory Donald Karaus 1111111 II~ 111111 111I 11/1111111 11111/11 mlllllllll ~~;~~f~f l:~ 06< SILVIR DAvIS PITKIN COUNTY co R ..Ie De." Page 5 of 6 1,1 ,...... _. ~.'....' STATE OF COLORADO S8 COUNTY OF PITKIN The foregoing instrument was acknowledged before me this ~day of April, 2002 by John L. Gloor. ss _ day Witness My hand and seal . ota;;Y Public My Commission Expires: ~~f STATE OF COLORADO COUNTY OF PITKIN The foregoing instrument was acknowledged before me t of April, 2002 by william Thomas Cookman. Witness My hand and seal My Commission Expires: Notary Public STATE OF COLORADO ss COUNTY OF PITKIN The foregoing instrument was acknowledged before me this _ day of April, 2002 by Linda Marie Karaus. Witness My hand and seal Notary Public My Commission Expires: STATE OF COLORADO ss COUNTY OF PITKIN The foregoing instrument was acknowledged before me this _ day of April, 2002 by Gregory Donald Karaus. Witness My hand and seal Notary Public My Commission Expires: 2670\2easernentSiegel.03 Page 6 of 6 11(~~.I'J~'U~1'~~I~111111111 1111111111111 ~~;~~~;r 1 :8 B6~ R SI.II D I,Ie r ........ ... EASEMENT AGREEMENT This Easement Agreement is made this day of April, 2002, between Barry C. Siegel and Sharon L. Siegel and their respective heirs, successors and assigns (collectively, "Grantees") and John L. Gloor, William Thomas Cookman, Linda Marie Karaus and Gregory Donald Karaus and their respective heirs, successors and assigns (each individually, a "Grantor", and collectively, the "Grantor","). Whereas, Grantees are the owners of Lot 2, Aspen Electric Subdivision, according to the Plat thereof recorded February 19, 1993 in Plat Book 30 at Page 85 as Reception No. 354093, Pitkin County, Colorado ("Lot 2, Aspen Electric Subdivision") . Whereas, Grantor John L. Gloor is the owner of Condominium Unit 500, Smuggler's Cove Condominiums, according to the Condominium Map thereof recorded March 5, 1993 in Plat Book 30 at Page 94, and as defined and described in the Condominium Declaration for Smuggler's Cove recorded March 3, 1993 in Book 705 at Page 103, Pitkin County, Colorado, Whereas, Grantor William Thomas Cookman is the owner of Condominium Unit 508, Smuggler's Cove Condominiums, according to the Condominium Map thereof recorded March 5, 1993 in Plat Book 30 at Page 94, and as defined and described in the Condominium Declaration for Smuggler's Cove recorded March 3, 1993 in Book 705 at Page 103, Pitkin County, Colorado. Whereas, Grantors Linda Marie Karaus and Gregory Donald Karaus are the owners of Condominium Unit 510, Smuggler's Cove Condominiums, according to the Condominium Map thereof recorded March 5, 1993 in Plat Book 30 at Page 94, and as defined and described in the Condominium Declaration for Smuggler's Cove recorded March 3, 1993 in Book 705 at Page 103, Pitkin County, Colorado. Whereas, Grantors as tenants in common, are also co-owners of all of the "Common Elements" of the Smuggler's Cove Condominiums as defined and described in the Condominium Declaration for Smuggler's Cove recorded March 3, 1993 in Book 705 at Page 103, Pitkin County, Colorado and as depicted on the Final Plat of Aspen Electric Subdivision Affordable Housing Planned Unit Development Amendment recorded in Plat Book 57 at Page 85, Pitkin County, Colorado. Whereas, the Smuggler's Cove Condominiums are located on Lot I, Aspen Electric SUbdiviSion, according to the Plat thereof recorded February 19, 1983 in Plat Book 30 at Page 85 as Reception No. 354093, Pitkin County, Colorado ("Lot 1, Aspen Electric Subdivision") . Whereas, the Final Plat of the Aspen Electric Subdivision recorded in Plat Book 30 at Page 85, Pitkin County, Colorado depicts a "Pedestrian Access & Utility Easement" traversing Lot I, Aspen Page 1 of 6 ". IIIII~ 11111 II1II ,,~ 11111 1111111 IIII1 "IIIII~ IIIIII1 :~;~~=.~f 1 : ~ '6~ SILVIA DAVIS PITKIN COLmY co R 911." D.... J'"-1U- II ,,-. - , Electric Subdivision for the benefit of Lot 2, Aspen Electric Subdivision, but does not dedicate the Pedestrian Access & Utility Easement for the use of Lot 2, Aspen Electric Subdivision. Whereas, the Final Plat of the Aspen Electric Subdivision Affordable Housing Subdivision Planed Unit Development Amendment recorded in Plat Book 57 at Page 85, Pitkin County, Colorado erroneously references recording information of Book 546; Page 575 for such "Pedestrian Access & Utility Easement" when a separate "Pedestrian Access & Utility Easement" was not recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado. Now, therefore, for a good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantors and Grantees enter into this Easement Agreement in order to provide for a dedication of a pedestrian access and utility easement over Lot 1, Aspen Electric Subdivision for the benefit of Lot 2, Aspen Electric Subdivision, in the location depicted on the Final Plat of the Aspen Electric Subdivision recorded in Plat Book 30 at Page 85, Pitkin County, Colorado and in the location depicted on the Final Plat of Aspen Electric Subdivision Affordable HOusing Planned Unit Development Amendment recorded in Plat Book 57 at Page 85, Pitkin County, Colorado. 1. Grant of Easement. Grantors hereby grant to Grantees and Grantees' heirs, successors and assigns, a perpetual easement and right-of-way under and across Lot 1, Aspen Electric Subdivision for the purpose of providing pedestrian access to and from Lot 2, Aspen Electric Subdivision, and for the installation, maintenance, repair, operation, replacement and removal of utilities to serve Lot 2, Aspen Electric Subdivision. The easement and right-of-way shall be twenty (20) feet in width and shall be located along the alignment depicted on the Final Plat of the Aspen Electric Subdivision and the Aspen Electric Subdivision Affordable Housing Subdivision Planned Unit Development Amendment; provided that the easement and right-of-way shall also include any portion of Lot 1, Aspen Electric Subdivision where a staircase currently in place on Lot 1, Aspen Electric Subdivision as depicted on the Final Plat of the Aspen Electric Subdivision Affordable Housing Subdivision Planned Unit Development Amendment deviates from the twenty (20) foot wide alignment. 2. Restoration of Surface, In the event that Grantees disrupt any structures, shrubbery, or landscaping on the surface of the easement and right-of-way in connection with the rights granted herein, Grantees shall be responsible for the reasonably prompt restoration of any disturbed structures, shrubbery, or landscaping on the surface of the easement and right-of-way in connection with Grantees' exercise of their rights as granted herein. 3. Pedestrian Access; Staircase. The easement and right-of-way granted herein provides for pedestrian access to and from Lot 2, 1111111111l11~11111l111111111111l11111 jllll~lllllllll :~;~~~;f 1 : ~ 06~ SILVIA Dl:aVIS PITKIN COUNTY CO R 90.08 0 0.08 -A/y Y LL Page 2 of 6 -_._.~--- --- ,.-" " Aspen Electric Subdivision. In connection therewith, Grantees have previously constructed a staircase crossing Lot 1, Aspen Electric Subdivision as depicted on the Final Plat of the Aspen Electric Subdivision Affordable Housing Subdivision Planned Unit Development Amendment. From time to time, Grantees may remove or repair such existing staircase, and may replace or alter such existing staircase with a new staircase complying with the City of Aspen Building Code, and constructed with different materials in the same or in a different location from the existing staircase, as long as such new staircase, as it crosses Lot 1, Aspen Electric Subdivision, is located within the alignment of the easement and right-of-way as provided for herein, including any portion of Lot 1, Aspen Electric Subdivision where the existing staircase currently in place deviates from the twenty (20) foot wide alignment depicted on the Final Plat of the Aspen Electric Subdivision and the Aspen Electric Subdivision Affordable Housing Subdivision Planned Unit Development Amendment. 4. Ratification of Prior Easement. Grantees and Grantors hereby ratify and confirm the terms, conditions, rights, and obligations of the Agreement entered into among Grantees and Robert C, and Glenda Smith recorded on September 22, 1987 and recorded in Book 546 at Page 515, Pitkin County, Colorado providing for among other things, the Grantees' grant of an easement "over the northwest corner of Lot 3 of Sunny Park North Subdivision so .as to provide the Smiths with access to a common utility connection. " 5. OwnerShip. Grantors represent and warrant that Grantors are the owners of Lot 1, Aspen Electric Subdivision and that Grantors have the right to grant this easement and right-of-way. 6, Approval of Association. Grantors represent and warrant that the terms and provisions of this Easement Agreement have been ratified and approved by the Smuggler's Cove Condominium Association. 7. Heirs, Successors and Assions. This Easement Agreement shall inure to the benefit of and be binding upon the respective heirs, personal representatives, successors and assigns of the parties, shall be deemed a covenant running with the land for the Use and benefit of Lot 2, Aspen Electric Subdivision, and as a burden upon Lot 1, Aspen Electric Subdivision, and shall remain in full force and effect so long as the easement and right-of-way provided for herein shall be utilized for the purposes for which the easement and right-of-way were granted, 8. Indemnification. Each party shall hold harmless and indemnify the other party from any liability for personal injury, property damages, claims, demands, costs or liabilities, including reasonable attorney's fees, resulting from or arising out of any installation, repair, operation, maintenance, or use of the easement and right-of-way, or arising out of the negligence or wilful misconduct of the indemnifying party or his, her or its respective Page 3 of 6 , 11111111111111111111111111111111111111111111111 ~~;~~~~r, ;~ 06~ SILVIA DAVIS PITKIN COUNTY CO R 91.ee 0 e.e0 />/Vc II I"" - " ./ employees, agents, and repreSentatives. 9. Notice. All notices hereunder shall be in writing and shall be deemed to have been duly given on the date of personal delivery or three days after deposit in the United States Mail, postage prepaid, certified or registered, and properly addressed to the mailing address of the parties at their addresses set forth in this Easement Agreement. Any party, or any successor or assign to a party, may change its address for purpOses of notice, by giving notice as provided above, and recording in the real property records of Pitkin County, Colorado a notice referencing this Easement Agreement and the legal description of the Property. 10, Counteroarts. This Easement Agreement may be executed in multiple counterparts, in writing or by legible facsimile COpy, each of which shall constitute an original, but all of which, taken together, shall constitute one and the same instrument. 11. Miscellaneous. This Easement Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and Supercedes all prior and contemporaneous representations, understandings and agreements. No provision of this Easement Agreement may be waived except in a writing executed by all of the parties hereto. The rule of strict construction shall not apply to this Easement Agreement and this Easement Agreement shall be given reasonable cOnstruction without construing the Easement Agreement against the party who drafted it. In the event of any action or proceeding to enforce the provisions of this Easement Agreement, the prevailing party shall be entitled to recover his, her or its reasonable attorney's fees and costs, in addition to any other relief to which he, her or it may be entitled. IN WITNESS WHEREOF the parties have duly executed this Easement Agreement on the date set forth above. Dated: April GRANTEES: -' 2002 Barry C. Siegel Dated: April (address) -' 2002 Sharon L. Siegel (address) Page 4 of 6 11111111il.1 ~~!~':'_ SILYIR DAVIS PJT/UN COUNTY CO It 98 a.... , ,~ D 0.ee ~dL'- ,51 ---......--.--.- r - .... , GRANTORS: Dated: April 2002 John L. Gloor Dated: April (address) 2002 William Thomas Cookman (address) Dated: April /7, 2002 ~~~ Linda M~ie Karaus 5 (D rev/<.. c,rc:....(-e.. ~~ CD (?(h/( (addt-ess) ...~ /k~~I.~ -G';ego ~ Karaus _ / W ~'Ctl'l~ /?z:f-v ~ H-/&/I (address) Dated: April~, 2002 /11111111111 ~1fl,,:~." SILVIR DRVIS PITKIN COUNTY co R 90.00 0 0.00 Page 5 of 6 t:L ..~------- 1.1 """ - ,,",..>,' STATE OF COLORADO COGifTY OF PITKIN ss The foregoing instrument was acknowledged before me this __ day of April, 2002 by John L. Gloor. Witness My hand and seal My Commission Expires: Notary Public STATE OF COLORADO } ) ss COUNTY OF PITKIN } The foregoing instrument was acknowledged before me this __ day of April, 2002 by William Thomas Cookman. Witness My hand and seal My Commission Expires: Notary Public STATE OF COLORADO COUNTy OF PITKIN ss The foregoing instrument was acknowledged before me this a day of April, 2002 by Linda Marie Karaus. Witness My hand and seal --V~.Ao'" L~./b ~ Notary Public My Commission Expires: O/-,;? rf _() h . STATE OF COLORADo ) ) ss COUNTY OF PITKIN } The foregoing instrument was aCkno~d~e this LZrctay of April, 2002 by Gregory Donald Kara~7-, .' My Commission Expires: 2870\2easementSiegel.03 Page 6 of 6 11111111111111111111111111111111111111111 111/111111111 ~~;~~[~f I : 8 e~ S!LYIR DAVIS PITKIN COUNTY eo R 98. Ie 0 e. 80 (~ ,..., /'.'." AGREEMENT TO PARTIALLY VACATE EASEMENT This Agreement to Partially Vacate Easement (the "Agreement") is made and effective this2j, day of May, 2002, by and between ALAINR. DEGRAEVE, whose address is P.O. Box 7975, Aspen, CO 81612 ("Degraeven) and HOLY CROSS ELECTRIC ASSOCIATION, INC., a cooperative corporation ("Holy Cross") whose address is P.O. Drawer 2150, Glenwood Springs, Colorado 81602. This Agreement is made with reference to and in reliance upon the following facts: WHEREAS, Degraeve is the record owner of that certain real property described as Lot 2, Aspen Electric Subdivision, according the Plat thereof recorded February 19, 1993 in Plat Book 30 at Page 85 as Reception No. 354093, Pitkin County, Colorado (the "Degraeve Property") , WHEREAS, Holy Cross is the grantee under that certain Underground Right-of-Way and Easement between Donald T. Randall as grantor and Holy Cross as grantee recorded August 16, 1972 in Book 265 at Page 978, Pitkin County, Colorado (the "Easement") providing for Holy Cross's right to construct, reconstruct, repair, change, enlarge, re-phase, operate and maintain an underground transmission or distribution line or both, with vaults, conduit, fixtures and equipment used or useable in connection therewith, together with the right to remove all trees, bushes vegetation and obstructions within a strip of land 15.0 feet in width along an alignment described therein. WHEREAS, as provided for herein, Holy Cross desires to partially. vacate its rights under the Easement as provided for herein. In consideration of the mutual promises and Covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Vacation of the Plat Easement, Holy Cross, as grantee under the Easement, hereby vacates that portion of the Easement which affects the Degraeve Property and releases to Degraeve all of its rights under the Easement which affect the Degraeve Property. Degraeve, as the owner of the Degraeve Property, hereby consents to the vacation of the portion of the Easement which affects the Degraeve Property and consents to Holy Cross's release to Degraeve all of Holy Cross's rights under the Easement which affect the Degraeve Property. 2. Bindino Effect. The covenants and agreements contained herein shall be deemed Covenants which shall run with the Degraeve Property and shall be binding on and shall inure to the benefit of all parties having or acquiring any right, title, or interest in the Degraeve Property. 1111111111111111111111111111111 "11111111111111111111 ~~;~/~~;r ~l' m SILVIR ORVIS PITKIn COUNTY CO R! 18.08 0 0.00 ii ,....., -, ....,J ........ ......,/ 3. Entire Aareement. This Agreement contains the entire understanding of the parties hereto. There are no representations, warranties, covenants, or understandings other that those expressly set forth herein. This Agreement may not be modified or amended except in a writing signed by the parties hereto. 4. Captions. The captions in this Agreement are for convenience only and shall not be considered a part of or affect the construction or interpretation of any provision contained herein, 5. Attornev's Fees. In the event of litigation to enforce this Agreement, the prevailing party shall be entitled to an award of such party's attorneys fees and expenses. Executed effective the day and year first above written. HOLY CROSS ELECTRIC ASSOCIATION, INC., a Cooperative Corporation By: anager- R..~'fl,.k,/ ~"'It:eb /,'" J _ STATE OF (.(! .l'.O'l..~~\.O) . ) ss COUNTY OF ~\F") Acknowledged before me this &~ day of ,~ ,2002 by R'CH/l'W T(~nl: :B8RB,3m as General Manager ~of Holy Cross ~~~sociation, o. e,~'NK.<e'( Inc., a Cooperati ve Corporation~'utw" scf!.!J'c:.r;j' ",~;,O T .....~<' .::::: .. \'1 Ab. ~ . . g ! '1 r\ ~ WITNESS my hand and ofhc~al seal. ~! ~ : ~ My commission expires: ~'~-c, %~\~UBL C J f '::-~.. ,. ~ ~ .. ~ ~ .........~s '- " 111111I11"'" STATE OF COLORADO +lo., AcknoWledged before me this ~ day of Alain R. Degraeve. MAl , 2002 by COUNTY OF PITKIN ss WITNESS my hand and official seal, My commission expires: Z. /-:; 10 <) ~ ,..{~;~G;:~';;~(;~:::~~'>~ (CfCi<> )}} ~_ t., '!)\} .-~.;o :;- \~."..::~'/~,"~';.";~;: ,>,,. 1;"""1111.1,1" ~J(~ Notary Public 111111111111111111111111111111111111111111111111111 ~~;~/~:;I;I: 15F SILVIA DAVIS PITKIN COUNTY CO R 10.80 0 0.011 "f_ ~',,~.' .. I:.t:.~ ~~~~ i~"_ ~~ ;~: Jtj;~ " ""%9', " 'i{,;;' .~ .^,.-~",' -..s <:.\.. :0 ,,' <'- ~ ".' <:!) T'1 ,.' ",".;.. I I I , I I I I I 1-E3-2- I ! L___._ r<~'~ i,_:,,~' jim; 1..,..< 'l~ -,\. 'J~~if ,n:j,' li':'>" " - ,.' ." .,.~ ","'1"'" ~~ 1~l' ~~~~i: C,..". '. "': "-',;~ ~' ;' ;<w: .~ _':$sP~ .~, ! S I;' ~y : :,' i ~ ;~g ~i . ,l!j;;+, ~ ~<~':r~~ <'I " r ;~,',,. i " , ';.1 ~': .,\ , " ~ -.~ r~ , j Ii; :1):. .~! ~;~ ;..: . .~/cy;<,,, ..,.".,~_\); "~'.' -;\\~,j,. ".,<;.~~..' ~. '';; ;Jl, ~ :'" / /- r' .. ,.f 5 ~q ~.~ ,~ '-'!j i. t~ ~li~'r i :)I;~'., t~.~ ;,..~ T';fjt ::-, I ... j '1 , " \ 'jif ;(l: """"t-.., " '11' ... .,f ,~t' \ I '\ --I II ~,.' I'" I I.:; I I 11'iW1:1, ~': : I i ~ U il ~ ;:1\ I ""II'I;gl ': ~ .' ~; I ! ~~ <~ ' ~ ~. \ i I . tj:, , u , r:~F h;:~~, c..;.',...... ~.,~~' ~i~~ ':;-il;;rL ,.~~. ~., ~ :!~:u-- , ?;~G~\ ': ,?,\.,,,, 0)- ,~~.~; :' n;'__~. t:~t~~:U ,,::.~~,;;;-::+ : f':;~:'~~;~ ~~~~:~ ma~:i :~::::' ~k~ t!~~i;~ L~~!1. ? ,~j~~;~t~ ',Ii _:'Ii A_.~t ""~! '.:"'1 ;~i/ : ,;\" h, F . ~ ~ ;~~ f; ~' " ~ ..,.. " '.',. ., ::::::: )I.": ~J . :'t "." ;'it ,~ ';1. i ~" nn Ai~JJ ;U~itl~.~- \ ;t~ \ ;n,,-,=> ~ ,1:- " !~ ~-'1'1~ ': , J't~ ." U i _. ~. ' ~j J '..rrJ C,_". '~'.'.'.l',...~i. J}~~' ; ~ ~ c' .~ i~i: =a;;~ _. s ii. - -, ..., ~ ....! eo; v.'",i" cl ,....... ~ ......,. ORDINANCE NO. 46 (SERIES OF 2003) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL AMENDING THE OFFICIAL ZONE DISTRICT MAP REFLECTING THE ZONING OF THE NEWLY ANNEXED PORTION OF ASPEN ELECTRIC SUBDIVSION, LOT 2, 210 SESAME STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel #2737-074-20002 WHEREAS, the City of Aspen is required to establish zoning for all annexed lands in the City; and, WHEREAS, the Community Development Department developed an application to zone the newly annexed portion ofthe Aspen Electric Subdivision, Lot 2, as described in Section] of the Ordinance, to the Moderate Density (R-15) Zone District with a Planned Unit Development (PUD) Overlay; and, WHEREAS, upon review of the application, the applicable code standards, and zoning in the vicinity of the subject property, the Community Development Department recommended approval for the proposed zoning to R-15 PUD; and, WHEREAS, the Planning and Zoning Commission considered the application and has forwarded a recommendation of approval for the proposed zoning to R-15 PUD; and, WHEREAS, Aspen Electric Subdivision, Lot 2 shall be subject to the dimensional requirements of the R-15 zone district; and, WHEREAS, the City Council has reviewed and considered the zoning under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare, NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26.310 of the City of Aspen Land Use Code, City Council approves the application to zone the newly annexed portion of the Aspen Electric Subdivision, Lot 2 to R-15 PUD Zone District legally described as: Beginning at a point on the westerly line of the said "Mascotte Lode" which point is also the most easterly comer of Lot 3, Sunny Park North Subdivision, City of Aspen. Pitkin County, Colorado, thence along the foiiowing courses: S.80 021 . E. 37.50 feet; thence S.340 27 'E. 26.25 feet: 1111111111111111111111111111 IIW 11/111111 1111111111111 ~~:~~~~ ~0: 18A SILVII=! ORVIS PITKIN COUNTY CO R 18.89 C 0.0'0 /' ~.... , thence S.45 024' 49"W. 156,89 feet; thence N21 o02'W. 61.92feet to the easterly boundary of said Lot 3; thence along the easterly boundary of said Lot 3 N.45 024' 29 "E. (N.45 021 'E.) 116. 62feet mOre or less to the point of be ginning. Call in Ofrom PIal of Sunny Park North Subdivision Plat, All other calls from Siegel-Mascolte Lode Lot Line Adjustment Plat. County of Pitkin. Slale of Colorado Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity, Section 3: This ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virttte 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 ordinance is for any reason held inyalid 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. Section 5: A public hearing was held on the ] 4th day of October at 5 :00 PM in City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen, INTRODUCED, READ AND ORDERED PUBUSHED as provided by law, by the City Council of the City of Aspen on this 8th day of September 2003. ATTEST: 1111111 11111 I1I1I1 1111111111111111111111111111111111111 ;~:~~~;;;,: 18A SILVI~ DAvtS PITKIN COUNTY CO R 16_0e [) 0.00 II ,-.... ,..... -. APPROVED BY the City Council of the City of Aspen on this 14th day of October 2003. APPROVED AS TO FORM: APPROVED AS TO CONTENT: ~/~~ Ci ey /L~./.c elen Kalin , Mayor ATTEST: ~~ thryn Koch, (7 Clerk . 111111111111111111111111111111111111111111111111111111 ;~:~~::~ ~e: 18~ SILVIR ORVIS PITKIN COUNTY CO R 16.00 0 0." 11i1l1111~111 ~~~~~ :,,~ SILVIA DAVIS PITKIN COL/t'lTY CO Fl 0.00 0 0.00 - AN ORDlNANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING V ACA nON AND CONVEYANCE OF A NON-EXCLUSIVE EASEMENT ACROSS MOLLIE GIBSON PARK FOR PURPOSES OF ACCESS AND LANDSCAPING Ordinance NO.@.-2004 Recilals I. Alain oegraeve ("Applicant") has initiated the procedure under the Pitkin County Land Use Code for the vacation of a perpetual, noo-exclusive access easement, and the conveyance of a new perpetual. non-exclusive access easement across Mollie Gibson Park. 2. The Applicant Owns Lot 2. Aspen Electric Subdivision and Lot 5. Sunny Park North Subdivision, Access to both lots is attained via a driveway from Smuggler Road across the Pitkin County owned Mollie Gibson Park. The Applicant re-aligned the existing access outside the existing easement across Mollie Gibson Park, and is requesting to match the new access with a new easement. 3. The perpetual, non-exclusive access easement to be vacated is 20 feet wide and is described as 10 feet on either side of the Salvation Ditch centerline, recorded in Book 702, Page 757. The proposed easement is approximately 5 to 10 feet to the east of the existing easement, and includes 5 foot on either side for a landscape easement, in addition to the 20 foot access easement. 4. The easement to be conveyed is described as attachment" A". 5, This road vacation application is governed by the standards set forth in Pitkin County Land Use Code !i 3-200-070 C. 6, The Pitkin County Planning and Zoning Commission reviewed the application on November I I. 2004 and recommended approval. 7. The BaCC finds that the proposal complies with the applicable criteria set forth in the Pitkin County Land Use Code. 8. This vacation shall not leave any land adjoining the roads without an established public road or private-access easement connecting said land with another established road. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that: I. The Board of County Commissioners does hereby vacate the 20 foot wide perpetual, non- exclusive access easement across Mollie Gibson Park (recorded at Book 702. Page 757), and conveys a new 20 foot wide perpetual. non-exclusive access easement to the east and a 5 foot easement on either side for landscaping, II Ordinance # ()4 _ ~ Page 2 ,...., 0 -- 1111111111111111111111111111111111111111111111111111111 ~~~~~~:! ~ 2 : 22P SILVIA ORVIS PITKIN COUNTY CO R 0.00 D 0.00 2. Within 60 days of this approval, the Applicant shall submit lor approval and recordation an amended plat and easement document. 3. Prior to recordation, the Applicant shall submit lor approval a revocable Work in the Right- of Way Permit to the County Engineer lor all activities and structures located outside of the easement. INTRODUCED, FIRST READ, AND PUBLIC HEARING ON THE 14TH DA Y OF JANUARY, 2004. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON 3.... DAY OF JANUARY, 2004. 2004. APPROVED AND ADOPTED AFTER SECOND READING on the 28th day of January, 2004. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the J LtlJ.. day of ~ This Ordinance shall become effective thirty (30) days after publication following final adoption by the Board. ATTEST: ~k BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO 7 ~. /, /" d:'A.A...JL/' 'AC ./ -- 0:1/:" Dorothea Farris Chair Date; 'Z -/ '-:' - cJ''-/ APPROVED AS TO FORM: ~ ~ John E P' ounty Attorney --- _.~ 1~~GlJk L (M- Cindy Houben Community Development Director PI 13-03 273707401417 01'\ 1;1 063 _ IF/ ,-. '-' ........ - 111111111111111111111111111111111111111111 1111111111111 ~~;1~~: ~2: 22P SILVIA O':WlS PITKIN COUNTy Co R 0.00 0 0.00 Attachment "A" A strip ofland 20 feet wide situated in Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, County of Pitkin, State of Colorado, lying 10 feet on each side of the fOllowing described centerline: Beginning at a point whence the Northwest Corner of Lot 7, Sunny Park North (Plat Book 20 at Page 2) bears S 42E 29'E ] 0.00 feet: Thence N 27E02'4l "E 53,26 feet: 'nlence N 30E20'58"E 35.65 feet; Thence N 26E43'04"E 39.24 feet; Thence N 22E41'32"E 20.41 feet; ThenceN ]7E23'25"E 19,8] feet; Thence N II E55'23"E 24.46 feet; Thence N 16E51'36"E 11.96 feet; Thence N 24E30'OO"E 95,64 feet more or less to the point of termination at the intersection of Smuggler Mountain Road. IA.. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: -2.10 5~SfTvt.1€- frP12-1 L STrz. 67S1 ~ )~ , Aspen, CO SCHEDULED PUBLIC HEARING DATE: ,200}j, STATE OF COLORADO ) ) ss. County of Pitkin ) I. WILLIAM "1'OLl-OOZ_ (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 Aspel~ 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. 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"2. day of -""!14IZ-GL/ , 200-1-. to and including the date and time of the public hearing, A photograph of the posted notice (sign) is attached hereto. ~ Mailing of notice By the mailing ofa notice obtained from the Cornn1Ul1ity 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 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) " ,;L Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as pmi 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 tlle area of the proposed change shall be waived, However, the proposed zoning map has been available for public inspection in the plalU1ing agency during all business hours for fifteen (15) days prior to the public hearing on such amendments, 44- y/~ Signature ! ""). The foregoing "Affidavit of Notice" was ,knOWledged before me tllisZl day of VV\A (l--vti,. , 200~, by - (nt, ~p A~.r WITNESS MY HAND AND OFFICIAL SEAL My commission expir~s: ~~~~~; Notary Public MY COMMISSION EXPIRES 10128/2006 A TT ACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL MAR-08-2004 MON 02:58 PM "...... '-" FAX NO. P. 01 :) PIJBLIC NOTICE RE: 210 SE.C;;AME STREET, 8040 GREENUNE REVIEW AND SPF.CIAL REVIEW FOR Aim DESIGN STANDARDS NOTICE IS HEREBY GIVEN that a public hearing will be beld on Tuesday, April 6, 2004 at a meeting to begin at 4:30 p.m, before thc Aspen Planning and Zoning Commission, City Council Chambers. Sister Cities Room, 130 S. Galella St., Aspen. to considcr an application ~uhmitted by Alain J)egraeve, represented by 13ill Pollock of 7..one 4 Architecture, affecting the property located at 210 SesnIne Street, Lot 2 of Ab-pen Electrie Subdivion, 111e applicant is requesting approval of 8040 Grccnlinc Review. Seetion 26.435.030(B) and Special Review for AJ)U Design Standards, Section 26.520.080(D) tor the construction of a single-family dwelling and AOU. For l'urther information, contnct Sarah Oates at the City of Aspen Community Development Ocpartment, 130 S. Galena St., Aspen, CO. (970) 920-5441, saraho@ci.aspen.co.u~, sl.Jnsmine TVl!.re Chair, AsIM:n Planning and Zoning Commission l'ublished in the Aspen Times on March 18, 2004 -_....-~- - - -_._~~- .. -...- City of Aspen Account . Jam Frl!l! Printing Use Ave~ TEMPLATE 5160@ AGLEY JOSEPH A 424 PARK CIR #TH5 ASPEN. CO 81611 BERNARD RANDY 100 HARKNESS RD PELHAM, MA 01002-9776 BLOMQUIST JENIFER PO BOX 12155 ASPEN, CO 81612 BROOKS KERRI L 112 MIDLAND PARK PL ASPEN, CO 81611 CARSON BARBARA PO BOX 10298 ASPEN. CO 81612 COLORADO MTN NEWS MEDIA PO BOX 272409 FT COLLINS, CO 80527-2409 CUNNINGHAM PAMELA M 502 MIDLAND PK PL ASPEN, CO 81611 DEGRAEVE ALAIN PO BOX 7975 ASPEN, CO 81612 DODINGTON SUSAN M 221 MIDLAND PARK PL ASPEN, CO 81611 ETTLINGER JARED P W/ GODWIN PO BOX 10936 ASPEN, CO 81612 ...09~S @AH:JAV ~ - @ AVERY@5160@ www.avery.com " 1-800-GO-AVERY , - ASPEN/PITKIN COUNTY HOUSING AUTHORITY 530 E MAIN ST #001 ASPEN. CO 81611 BESTIC JEFFREY B 301 MIDLAND PARK AVE . PO BOX 2267 ASPEN, CO 81611 BOYD JEFFREY R PO BOX 8361 ASPEN, CO 81612 BUCKLEY BETTY J 326 MIDLAND AVE #303 ASPEN, CO 81611 CHAUNER RONALD M & JACKIE L SHEFFER PO BOX 8782 ASPEN, CO 81612 COOKMAN WILLIAM THOMAS 508 PARK CIR ASPEN, CO 81611 DAVIS 0 STONE PO BOX 8904 ASPEN, CO 81612 DETWEILER DIRK PO BOX 812 ASPEN, CO 81612 EPLER ANDI E PO BOX 785 ASPEN, CO 81612 , FERLlSI MARY SANDRA 326 MIDLAND AVE #307 ASPEN, CO 81611 A1l3^V-o!l-OOS-~ wO"IUa^e'MMM - - BENTLEY CARL F 427 PARK CIR ASPEN. CO 81611 BIRACH KAREN 122 MIDLAND PARK PL , ASPEN, CO 81611-2414 BRIGHT GALEN PO BOX 1848 ASPEN, CO 81612 . CALK LAURA E WILLCOX DENNIS AS JOINT TENANTS 722 MIDLAND PARK PL i ASPEN, CO 81611-2472 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 CUNNINGHAM CAITL YN E 425 PARK CIR #A1 ASPEN, CO 81611 DAY ISABEL T & 'ES"FER T 120 TURTLE COVE ASPEN. CO 81611-9610 DICKENSON GWEN F 420 EAST HYMAN ASPEN, CO 81611 ERLANGER MELISSA . PO BOX 2504 ASPEN. CO 81612 FISHER CONSTANCE A 330 ANAYA RANCH RD GALlSTEO, NM 87540 Gil09~S llVldINll eN8^V asn 6upU!'d 8aJ~ wer . Jam Frea Printing Use Averyf!) TEMPLATE 5160f!) SMITH KATHLEEN M POBOX 9173 ASPEN. CO 81612-9173 SPONAR ANTON K AND JUDY 222 MIDLAND PARK PL ASPEN. CO 81611-2486 TAYLOR JACQUELINE W C/O STOVROFF & TAYLOR TRAVEL 1127 WEHRLE BUFFALO,NY 14221 WALDRON K BRENT COATES REID & WALDRON C/O 720 E HYMAN AVE ASPEN. CO 81611 WELDEN TODD E & DEBORAH C 503 MIDLAND PARK PL #E3 ASPEN. CO 81611 WOLPIN LAUREN 424 PARK CIR TH-3 ASPEN, CO 81611 .09~5 @AlIaAY ~ - www.avery.com 1-800-GQ-AVERY - SMUGGLER RACQUET CLUB C/O SUE COOK PO BOX 8788 ; ASPEN. CO 81612 i I:, STEIN DEBORAH 710 MIDLAND PARK PL I ASPEN, CO 81611 THIEMER FRED EDWARD 326 MIDLAND AVE #302 ASPEN. CO 81611 WEBSTER DAVID H PO BOX 10362 ASPEN, CO 81612 WELLS JOSEPH EDWARD 602 MIDLAND PARK PL F-2 ASPEN, CO 81611 ZUCCO JESSE J PO BOX 1822 BASALT. CO 81621 'I A1I3^,if-09-OO8-~ wOJ'AiaAe'MMM - - -.. @ AVERY@ 5160f!) , SPECK KIM JENNIFER PO BOX 9912 ASPEN, CO 81612 SWIFT LARRY , PO BOX2711 1 ASPEN. CO 81612 WAGAR RICHARD H 601 E HYMAN AVE ASPEN,CO 81611 WEISS AUSTIN R & REBECCA L 121 MIDLAND PARK PL ASPEN. CO 81611 WERNING JOHN R 905 E HOPKINS ASPEN, CO 81611 .09~5 llVldl/llll ,.Na^v asn 6u!~U!Jd aaJ~ wer 'Jam Fre.. Printing Use Avery@ TEMPLATE 5160@ FLUG MARTIN 616 E HYMAN ASPEN. CO 81611 FUENTES DAVID & KATHARINE 0 302 MIDLAND PARK PL ASPEN. CO 81611 GODWIN DIANA L WI ETTLINGER 712 MIDLAND PARK PL ASPEN, CO 81611-2472 GREENWOOD KRYSTINA 1050 MATCHLESS DR #2 ASPEN, CO 81611 HAGEN CATHERINE ANNE 210 MIDLAND PARK PL B-10 ASPEN, CO 81611 HIGHT NEIL C & SEWELL KATHRYN 520 E COOPER AVE ASPEN, CO 81611 IBARA RON PO BOX 9757 ASPEN, CO 81612-9757 JOHNSON SHAEL UNO 80% INT PO BOX 3549 ASPEN, CO 81612 KANG NOBUKO SINJA 336 MIDLAND AVE #6 ASPEN, CO 81611 KOLBERG JUDITH A 501 MIDLAND PARK PL ASPEN, CO 81611 Gt09lS @AU3I\V ~ - www.avery.com 1-800-GQ-AVERY - FLUG MARTIN CIO GULFCO 616 E HYMAN AVE ASPEN. CO 81611 GARTON SARA B 110 MIDLAND PARK PL ASPEN. CO 81611 GOODMAN DREW I 5721 GREEN OAKS DR GREENWOOD VILLAGE. CO 80121-1336 II' i ,I GRIFFITHS THOMAS W I 504 MIDLAND PARK PL ASPEN, CO 81611 HECK JAMES C PO BOX 8416 ASPEN, CO 81612 HOUSEN CYNTHIA MICHELE PO BOX 9616 ASPEN. CO 81612 INK! COFFEE COMPANY PO BOX 7961 ASPEN, CO 81612 JOHNSON WILLIAM E PO BOX 1285 , ASPEN, CO 81612 I ' ' KARAUS LINDA MARIE & GREGORY , DONALD i: 510 PARK CIR , ASPEN. CO 81611 KRIEBEL KATHLEEN PO BOX 910 ASPEN, CO 81612 A1I3Nlf-09-o08-l WO]'Al8^e"MMM - - ", @ AVERY@ 5160@ , FORNELL PETER J 402 MIDLAND PARK PL ASPEN, CO 81611 GLOOR JOHN L 500 PARK CIR ASPEN. CO 81611 GORBITZ HEIDI GORBITZ PATRIC PO BOX 647 ! ASPEN, CO 81612 GRUBBS MATT 333 MIDLAND AVE #3 ASPEN, CO 81611-2412 HIGGINS PAUL 303 MIDLAND PARK PL #C-3 ASPEN. CO 81611 HUA VINH PO BOX 2439 ASPEN. CO 81612 JEFFERSON GRE'G ' 711 MIDLAND PARK PLACE ASPEN. CO 81611 JOHNSTON PEGGY LIVING TRUST PO BOX 4533 ASPEN, CO 81612 KOCH KATHRYN S & JOHN F 304 MIDLAND PARK PL C-4 ASPEN, CO 81611 LOW RICHARD B PO BOX 8744 ASPEN, CO 81612 Gt09lS UVldWll ~e^'\1 asn 6U!lU!Jd .....~ war Jam F!'ee Printing Use Avery@TEMPLATE 5160@ LUU TONG KHON 435 E MAIN ST ASPEN, CO 81611 MCDONALD FRANCIS B PO BOX 4671 ASPEN, CO 81612 MCPHEE JAMES MICHAEL 401 MIDLAND PARK PL ASPEN, CO 81611 MOHWINKEL CLIFF 2363 PEACHTREE LN SAN JOSE, CA 95128 NAGLE MELINDA LEE PO BOX 914 ASPEN, CO 81612 NEWELL GEORGE S PO BOX 2179 BOULDER, CO 80306 PATTEN DAVID N 810 MIDLAND PARK PL ASPEN, CO 81611 PHILLIPS ARTHUR R & GRANO HELEN B PO BOX 8245 ASPEN, CO 81612 RITTER JEANNE MARIE . 1018 20TH ST APT A SANTA MONICA, CA 90403 SINGER DAVID J B 409 PARK CIR #4 ASPEN, CO 81611-2478 _OCIL~ ...A.H;:!I^" ~ .,....."" - www.avery.com 1-800-GO-AVER' - LUU VINH PO BOX 8513 ASPEN, CO 81612 MCDONNELL NANCY 50 RIVERSIDE DR #6B NEW YORK, NY 10024 MEBEL GREGORY E " 326 MIDLAND AVE #102 , ASPEN, CO 81611-2430 MORK HALBERT L FAMILY TRUST 77 ASPEN WAY ROLLING HILLS, CA 90274 NARAT BENJAPORN FLAT 9 22 RED LION ST LONDON WC1 R4PS, UK NICHOLS SCOTT A PO BOX 3035 ASPEN, CO 81612 PAULlDES BROOKE A 415 PARK CIRCLE ASPEN, CO 81611-2478 PIERCE ROBERT KING ii POBOX3118 , ASPEN, CO 81612 ROSEN JANE PO BOX 9853 ASPEN, CO 81612 SMISEK LINDA L E 429 PARK CIR C-3 ASPEN, CO 81611 A1I3^"-09-OOS-~ - Illft"IlO.{ It:lIoAD"___ ~ AVERY@ 5160@ MACCRACKEN SCOTT R & MARISA POST PO BOX 10821 ASPEN, CO 81612 , I MCGAVOCK MARGARET , ALBERT ELIZABETH A ,I PO BOX 533 'I ASPEN, CO 81612 i MERZBACH NINA & WILLIAM PO BOX 3465 ASPEN, CO 81612 MOYER MARY 424 PARK CIR #6 ASPEN, CO 81611 NEW STEPHEN E & KORI A 821 MIDLAND PARK PL ASPEN, CO 81611 OLDFIELD BARNEY 326 MIDLAND AVE #306 ASPEN, CO 81611-2430 PAULI DES HERBERT B & CAROLYN F 160 CONCORD RD , LONGMEADOW, MA 01106 PITKIN COUNTY 530 E MAIN ST STE 302 ASPEN, CO 81611 ROWARS CHARLES M 4990 SOUTHWEST 52ND STREET - STE 201 DAVIE, FL 33314 SMITH JACK L & DIANE M 434 COTTONWOOD DR EVERGREEN, CO 80439 41109 ~5 :UYldW:U efoJa^" asn 6U11UIJ..I aaJ-I wer ,"'.......... ""- ,,# ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY:? I ( _...:..' ( ::,cj L vl <( LJ /r:'-j((/ / c.j .-.-.:> , , Aspen, CO SCHEDULED PUBLIC HEARING DATE: .200_ STATE OF COLORADO ) ) SS. County of Pitkin ) I, I, . ..1 l I, .) (( \,\, \\..( -) L/( [-'\0 , (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 th~ publi,cati~n in th~ legal notice section of an official , paper or a paper of general CirculatIon III the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. _ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed ofletters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. _ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) 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 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) ....... . .., 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. ? ." //>~( L;/*?t'>((f2!~,=~~Zf . -, c' .' . ,/81gnature . . / The ~ng "Affi,davit of Notice" was ~wledged befQre me this AI q day of 1 .~, 200!j, by.__Je::- - o~ J-", -r-,,bE7 I PUBUC NOTICE RE- 210 SESAME STREET, 8040 GREENUNE RE.- VIEW AND SPECIAL REVIEW FOR ADU DESIGN STANDARDS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 6, 2004 at a meeting to begin at 4;30" p.m. belore the Aspe~ Planning and Zoning Commlilslon. City Council Chambers, Sister Cities Room, 130 S. Galena St., Aspen to consider an application submitted by Alain Oew-aeve, represented by Bill Pollock of Zone 4 Architecture, allecting the property loc~t- 00 at 210 Sesame Street, Lot 2 01 Aspen Electnc Subdivision. The applicant is requesting appro- I . I 8040 Greenllne Review, Se.:;tlon ;: 4350030(8) and- Special RevIew lor ADUhDeSlgn St~nd~rds Section 26.520.080(D-)-:or t d' A'DoU" , ~e"f lIy dwelling _an ' stru ctlon 01 a s" am Sarah Oates at For lurther Inlo tlon, contact 10 ment De-: the City 01 As -Community ~O P (970) 920- partment, 130 5 lena St.. Aspen. , 5441. saraho@cl pen.co.us. s/Jasmlne Tygre d Zing Commission Chair, Aspen Planning an 6n _ March 20. Published In The Aspen TImes on 2004.. (1331) WITNESS MY HAND AND OFFICIAL SEAL My commis ion expires: 'II " '(-.'<" 0"- ~/ Notary Public ATTACHMENTS: COPY OF THE PUBLICATION 4.PH OF THE POSTED NOTICE (SIGN) I/D GOVERNMENTAL AGENCIES NOTICED BY MAIL ,~~l;".' ''\l".i.... --0' '- N 't:i: <.9 z (f) (f) C <( 2 I:- W ......------ S w ~-------- 0:: w I:- > UJ W 0:: W w :E z c:( ...J C Z UJ w W w 0:: UJ <.9 0 0 V or- 0 N a:> ...- """..... , _ ."n~~_"" __...~._ ~~ IrS-,g u.. b CJ) , (l) ..... ..... II (') (:0 -. <( ..... 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"'" Aspen Consolidated Sanitation District Sarah Oates Community Development 130 S, Galena Aspen, CO 81611 RECEIVED Frank Loushin . Roy Holloway MAR 1 8 2004 Bruce Matherly, Mgr ~tl'4 BUILDING OO'ARTMENT Paul Smith * Chairman Michael Kelly * Vice- Chair John Keleher * Sec{Treas March 16, 2004 Re: 210 Sesame Street Proposal Dear Sarah: We currently have sufficient collection system and treatment capacity to serve this proposed development. As usual service is contingent upon compliance with the District's rules, regulations, and specifications which are on file at the district office. A tap permit can be completed at our district office once detailed plans are made available, The tap permit will estimate fees for the project and the fees must be paid prior to the issuance of a building permit. We would like to incorporate into this referral all of the comments that were made by our line superintendent at the development review committee meeting on 2-10-04. The existing service line for the property can be used for the proposed development. Please call if you have any questions, Sincerely, L<-vo~~ ')'V\k1~~. Bruce Matherly District Manager 565 N. Mill St., Aspen, CO 81611 / (970)925-36011 FAX (970)925-2537 /'~...'.>, -- '-,;,.... ,.... MEMORANDUM TO: Plans were routed to those departments checked-off below: x ........... City Engineer X .........Community Development Engineer o ........... Zoning Officer X ........... Housing Director X ........... Parks Department X ........... Aspen Fire Marshal 0........... City Water o ........... Aspen Consolidated Sanitation District o ........... Building Department o ........... Environmental Health o ........... Electric Department o ........... Holy Cross Electric o ........... City Attorney o ........... Streets Department o ........... Historic Preservation Officer o ........... Pitkin County Planning o ........... County & City Disaster Coordinator 0........ Police 0........ Transportation 0........ Parking 0........ Gary Beach* (Metro Districts: Highlands, Buttermilk, Five Trees, and Holland Hills) FROM: Sarah Oates Community Development Department 130 S. Galena St.; Aspen, CO 81611 Phone-920-544I Fax-920,5439 DATE: March 2, 2004 RE: 210 Sesame Street 8040 Greenline and Special Review for ADD DATE OF DRC MEETING: March 10, 2004 (I :30 pm in Sister Cities Room of City Hall) "--yr / - --. - -- A.......~Llr;:.._"'IT. 'Pfl4Je:t{ ATTACHMENT 2 -LAND USE APPLlCm.lqO~N." ~- Location: 1\5V"e- T2~IPENCe=- Z 10 56> frof6"" s"T'flaT dicate street address, lot & block number, Ie aI descri tion where a "27~" tJO"Z- Name: REPRESENTATIVE: C1F Z(/kfC tf 102.c.1/1~7'c/Je5'' PGMJ Co Name: Address: Phone #: PR9mrr. frPy:JL./c.+rr Name: AL.A/N -:Pt:-z;.l2.ltc1Ic Address: '2,...()O So 1P<1€' $-rrz.af Phone #: 'fat - z.~ZO TYPE OF APPLICATION: (please check all that apply): 0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt. JZ9- Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Development 0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt. 0 GMQS Allotment 0 Final SPA (& SPA Amendment) '; 0 Historic Demolition 0 GMQS Exemption 0 Subdivision . 0 Historic Designation g ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion! Margin, Hallam Lake Bluff, condonlirllurrrization) Expansion Mountain View Plane :: 0 Lot Split 0 Temporary Use 0 Other. 0 Lot Line Adiuslment 0 TextlMap Amendment EXISTING CONDITIONS: 5ItJ6-LE" ~/l..'f H<iMe 711tz0lJ6-lI 80'/0 J..'"1i:....,.,P1l~) PROPOSAL: SltJ6-L.e ~/Li '1Cf'41/:- -+ Sf'bl.f!n... 12.",Y/6"'LJ .-(;) I/ltfL'f A"Du J2E~h) I rZ [lYI/i",,;-r ) lave you attached the following? FEES DUE: $ lJ. Pre-Application Conference Summary . 2J. Attachment #1, Signed Fee Agreement. fI Response to Attachment #3, Dimensional Requirements Form . ~ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ' ill plans that are larger thim 8.5" x 11" must be folded and a floppy disk with an electronic copy of all Written en (Microsoft Word Format) must be submitted as part of the application. <""'''",, - CITY O~SPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: PROJECT: REPRESENTATIVE: OWNER: DESCRIPTION: Sarah Oates, 920-5441 DATE: 02/23/2004 210 Sesame Street (Lot 2, Aspen Electric Subdivion) Bill Pollock Alain Degraeve, 925-5945 8040 Greenline Review for construction of asingle family structure and Special Review to vary ADU requirements, Land Use Code Section(s) (Cite all sections numbers and titles that apply to the application.) 26.435.030(8) Environmentally Sensitive Areas, 8040 Greenline Review 26.520.080(0) Special Review for ADU Design Standards Review by: Public Hearing: Referral Agencies: Planning Fees: Referral Agency Fees: Total Deposit: Staff for completeness; P&Z approval. Yes Engineering, Housing $1310. Engineering & Housing, Minor ($185) $1680 To apply, submit the following information: I . Proof of ownership with payment. ' 2. Signed fee agreement.. 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name" address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description ofthe parcel on which development is proposed to occur, consisting of a , current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application. 6. 10 Copies of the complete application packet and maps, HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = Ilea,; Planning Staff = I 7. An 8 1/2" by II" vicinity map locating the parcel within the City of Aspen. . 8. Site improvement survey including topography and vegetation showing the current status, including all easements . and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is detennined not to warrant a survey document.) 9. A written description ofthe proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed, 10. List of adjacent property owners within 300' for public hearing, The GIS department can provide this list on ' mailing labels for a small fee. 920,5453 II. Copies of prior approvals. 12. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either ofthe following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk, Microsoft Word format is preferred, Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not create a legal or vested right. /~, ~ FOR PERMANENT RECORD ....../ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT A!!reement for Pavment of Citv of Aspen Development Application Fee~ CITY OF ASPEN (hereinafter CITY) and .p..t..AJv...J --r::>Et'I2~c (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to CITY an application for -z.,l 0 si:S ^"'" e- smlifiT (hereinafter, THE PROJECT), 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 because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full 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 make paynient 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 paynients 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 impractic.able' for CITY staff to complete ., processing or present sufficient information to the Planning Commission and/or Gity Council to euable the Planning Commission and/or City Council to make leg~lIy required fmdings for project consideration, unless cwrent 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 full fees prior to a determination of application d'mpleteness, APPLICANT shall pay an initial deposit in the amount of$ I"SD 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 paynients 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, Julie Ann Woods Community Development Director CITY OF ASPEN By: By: . Date: 2/1.'1/Q'1 Billing Address and Telephone Number: ~ rr.J) g:\support\forms\agrpayas.doc 6/05/03 - ;:2to .43 5 _~30(C-) --.. '" ,0" C, 8040 greenline review standards. No development shall be permitted at, above, or one hundred fifty (150) feet below the 8040 greenline unless the Planning and Zoning Commission makes a determination that the proposed development complies with all requirements set forth below, I. The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mud flow, rock falls and avalanche dangers, If the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and revegetate the soils, or, where necessary, cause them to be removed from the site to a location acceptable to the city. 2, The proposed development does not have a significant adverse affect on the natural watershed, runoff, drainage, soil erosion or have consequent effects oh water pollution. 3. The proposed development does not have a significant adverse affect on the air quality in the city. 4, The design and location of any proposed development, road, or trail is compatible with the terrain on the parcel on which the proposed development is to be located. 5, Any grading will minimize, to the extent practicable, disturbance to the terrain, vegetation and natural land features. 6, The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space, and preserve the mountain as a scemc resource, 7, Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain, 8, Sufficient water pressure and other utilities are available to service the proposed development. 9, Adequate roads are available to serve the proposed development, and said roads can be properly maintained, Adequate ingress and egress is available to the proposed development so as to ensure adequate access for fire protection and snow removal equipment. ;:< to _ 5.20 ~cSo( 0) ..--. ,,/ D. Special Review. An application requesting a variance from the ADD and Carriage House design standards, or an appeal of a determination made by the Community Development Director, shall be processed as a Special Review in accordance with the Common Development Review Procedure set forth in Section 26.304. The Special Review shall be considered at a public hearing for which notice has been posted and mailed, pursuant to Section 26,304.060(E)(3)(b and c), Review is by the Planning and Zoning Commission. If the property is a Historic Landmark, on the Inventory of Historic Sites and Structures, or within a Historic Overlay District, and the application has been authorized for consolidation pursuant to Section 26.304, the Historic Preservation Commission shall consider the Special Review. A Special Review for an ADD or Carriage House may be approved, approved with conditions, or denied based on conformance with the following criteria: I, The proposed ADD or Carriage House is designed in a manner which promotes the purpose of the ADD and Carriage House program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability, 2, The proposed ADD or Carriage House is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property, 3. The proposed ADD or Carriage House is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of on-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. "'" ,","" .-... RETAIN FOR PERMAHENT RECORD ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: --v~ 1ZIiSJP5MJ~r- AL-M'IJ 1;;>~r Z /0 St'-SIl-orE'" s-rrlflIT -,c::-1S' 1',"3"Zo /g" 'JZo - {, 51'0 (S/...Of'E:. l:L""D) -= /1,802 SF. (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the defmition of Lot Area in the Municipal Code,) Commercial net leasable: Number of residential units: Number of bedrooms: Existing: . Existing: Existing: Proposed: Proposed: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: '-1,27' Proposed: '1.7..-U. Principal bldg. height: Existing: Allowable: 25' '; Proposed: '25" Access. bldg. height: Existing: Allowable: Proposed: I'"L On-Site parking: Existing: - Required:' . 3 Proposed: "3 % Site coverage: Existing: Required~ - Proposed: z,(..% % Open Space: Existing: Required; - Proposed: ~ Front Setback: Existing: Required: 25' Proposed: 3" Rear Setback: Existing: Required: 10' Proposed: /0 Combined FIR: Existing: Required: 35"" Proposed: 41' Side Setback: Existing: Required: 10' Proposed: 10' Side Setback: Existing: Required: /0' , Proposed: 10 Combined Sides: Existing: Required: '20' Proposed: 20' Existing non-conformities or encroachments: Ntl A.J g;:- Variations requested: l!MIA(1MJ YJu''"'1 1\1A! STIWOMi~.s 67/36/2663 11:16 976925~.!l"~ 7 ARD EN1ERPRlSES_ PAGE 63 RETAJthodR PERMANENT RECORD "... POllCY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY SUBlBcr TO mE EXCLUSIONS FROM COVERAGE, rriB EXCEPTIONS FROM COVERAGE CONTAINED IN SCltEDULE B AND THE CONDmONS AND STIPULA nONS, STEW ART TITLE GUARANTY COMPANY. a Teus corporalion, herein called the Colllplllly, iDsum<, as of Date of Policy IlhowD in Schedule A, against loss or damage DOt exceeding the Amount of Insurance staled in Schedule A, SU$tained or incuned by the insured by reAOOlI of: L Title 10 the _ or interest described ill Sdlcdule A being vested other !ban as staled therein; 2. Any defect in or Iicn or mcombrance on the title: 3. UllIIIIIIbtabiJity of the tide: 4, Lock of a right of lIOOeOOlll md from !be lalId. 'The Company will IIso pay the costs, 1llIomeyB' fells ami expetlses inooned io defense of the title, as insured. but ooIy 10 the weat providod in the Cooditions md Stipulalions. IN WITNESS WHEREOF. Stewan Title Guar.mty Comptm)' has ='"'" tbis policy to be signed alId sealed by its duly authorized officet-s as of the Date of Policy shown in Schedule A. STEWART TITLE GUARANTY COMPMIY ~ !i~,.. o;..~tD. * ... * :r~A' - AuthorfU!d Ccd1tersignature & Chudt Dam STEWJJITTfl"LSOF MPEII.lNC, All"'" m #OI5011A EXCLUSIONS FROM COvF..R.AGE The following maUcnl nrc cxpre:uIy exel\tdod from the. OO\fentp:- of this: poI"-'Y nnd. the Company win IlttOmcys' ~ Of expeAMI wlUch oriac by rcuon of: J_ (a) Any law. otdinance ar govcrnml;llta:l ro,platiurt (including hUI not Jimil:Od to builditl.$; and 1'..oning IaWll;. tlrdim'lnce:s, or regultttions) rc&tricting, rapl6tin,. p1"Ohibitm~ OT rclating tQ (i) th~ o(:cupanq. .UiIc. Q~ enjoyment of Uae land; (it) the. clutntctcr ~ dfmcncion.~ W locm:ion of' any improvc.ment now. ..or ~caftcr ~ on ~~ 1(1'ld: (iil) a ~on in OWIIership or A ehan~ in the dimension; or tI.re6. of tho land or any parcel of which the lmJd is or WM a part: Of (tV) etlvitonmcnW proooction. or the.erre:ct ofarry viol.tino of these Jaws. OTdintanoeaor goVet1ta1CZ11:11f rognhltionc. ~ to the extent that.. notice of the ectfotoemcnt. thereof "'f. notice of a defect, liCrlo or cncumbt'MOC rc:s:\lJting from a vio1etlon or sllegcd vio1&1tion fttTecti~ the land baa hee,t ~od in the public rcconiR lit. 0Idc of Poliey. (b) kry governmental poli<:c power not ~ehlC;iod by (a) above. cxt:e:p( to the meat that a notice of the c.xcrciRe thereof or a notice of B dcIcct,. Hen. or enclUDbttn= RlJUJring from a violation or 4fleged violUion .affecting the land w been recorded in the public: rec.otd, ftl Date of Policy_ 2. Rilhtt of eminent domain unle:!i$ .notice of the excrciU! thereof bm;. ~ rccordod in th." p\1bIie r~ds at Dale of Policy. ",It ~t e.x.cloding from ~ a.ay taldng: whieh baa OQQurrcd prior to Oak! or Poli~ which would be binding 0t'I t~ tip,ta of a pOrcl)utlt for vnlue without knowfcd~. . 3. Defects. lima, encumbranea. It.dvetse ~l\iltl:$ or other matten:: (a.) cl'ellted. s:utI~, Msumed nr a.~ to by the insured claimant: (b) notkao"fm 10 the Company. not reootded in the public records at Dilte of'Poliey~ bllt known to tho:< mllurcd claim81l1and DOl (lj$<.lo* in writing to tile Company by the inaured dalmaftt prior to the date the imuted e!o.m..nt bccD.mc an i.nmud \lDdet tbU: policy; (c) ~ in 80. 16u or damage to the inauRd daimant~ (d) -inJ: oraemd ~ '" Dole ofPoIie)': or (e) resuh:i:ng in loA 0'1" dama~ wltic, would not have bcm IWlI:ained iflbc mB\lrcd claimant bad paid yAlue for the CBtatc Of' in~ ~ !l:Y th.. peI;cy. 4.Art'l elaim, whicb arises outc)fthe t:fan!ll!ld:l(1D vecting in-. the I~rcd the"WcQf iRtctc:at insured by thi3 poli'l', by r~ Dfthc operation oftWenl btmknptc1. JIbde iMo~, or .imjlaJ' crcditon~ ri8:hul4wvi that is fMaed QD; (a) tM c:raosection Cl'Clltintt the -.aco or bm:n= insured. by tbiJ: 9OI;.;y bc::ins. dCCIMd II fM.ud.ttlcnt ct"nvcyanee er fraudulent mmNQI'; ot' (b) the ~D ereatift8 the csl:ate or interest iMUted by this; pQIicy heing: deemed a prcferwial trult5fcr cxcqJl where the preferentbLI transfer I'CRQr~ from the r..i11ft'e: (i) to timely rec:ord the instnmlent of tran~fet: nT (ii.) Q( such recordation to implU't notke to a putcha."ICt for valacot'a"wi orliencreditxw. -SerUd No. 0-9701-1&874S'- B7/3B/2003 11:15 9709253057 I\RD ENTERPRISES PAGE B4 ,..".,~ ...... ,/ " ,/ ALTA OWNER'S POLICY RETAIN FOR PERMANENT RECORD .~._/ SCHEDULE A .,'--, Order Number:' 00029588" l'Qlicy No.: 0';'9701-188745 ..;. Date of Policy: ' ....1' 2t. 2002 .~ 3:0' P.M. AmollDt of Insut"Ulce: $ 1.600,DOO.00 1. Name of Insured: JU,AIlJ DBGIWlVII: 2. The estate or interest in the land which is covered by this policy is: PEl! SDIl'1dl . .., ....~./. 3. Title t(l the estate or interest in the land is vested in: lUoIlXIf ~ 4, The land referred to in this policy is described .., follows: Lot. 2, AsPBH E:t.EC'1'RIC StJB1JIVJ;:$ION, AocordiDg 'to t.he ~lat -thereof recorded Pebruary 19, 1993 ~n P1at Book 30 at page 85 as ReC8p~ioQ If.,. 354093. COllll~~ OF PI'l'ICIIf. S:rA:rI!: OF COLORADO ";- ~. 67/36/2663 11:16 9769253667 ,,<"'.', ARD ENTERPRISES .......... PAGE 65 , ALTA OWNER'S POLICY RETAIN FOR PERMANENT RECORD SCHEDULE B Order Number: 00029588 Policy No.: 0-9701-188745 This policy does not insure against loss or damage (and !he Company willllOt pay C08t$, attorneys' fees or expenses) which arise by reason of: 1. Rights or claims of patties in possession, not shown by the public records. 2. Ea$cmems, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroacltmenta, lIllll any facts which a COlTIlCt survey and inspection of the premises would disclose and which are not shown by the public rec::onb. 4. Any lien, or right to a lien, for services. labor or material heretofore or hereafter tilrnished, imposed by law and not shown by the public records. 5. Unpatented miDing claims; reservations or exceptions in p;ttents, or an act authorizing the issuance thereof; water righm claims or title to water. 6. Ta.... all<! JU;s.._t.s for the ;rear 2002, DOt. yet 4... aDd p*yabl.., and S1Jbs&q\Ieat. rears and aD!, speeial .SC...-n~8 Dot yet. cartd.f!.ed OIl ~e 'tax rolls of 1'1t.1d.n Cauut.y. '''-"'' 7. tight. of U1. prop.....1;or of a ........ or l.o4e 1;0 ext.ract. ...... ~_ hi" ore 1:he:refrall., ahoal.c1 ~ .... :b. :fCRuld 1:.0 pea.at.rat.e or iIlt:.ersect. 'thI!I pre.ises re.ened in U1e UIlit.ed 5ut.. Pat.eDt.. noeorded .... 11<>011: 175 at. Pa9" 168 _d l.75 at. Page 171. as _II: 8. Restrictiont whieh does DOt:. co:Quill a forfeit.ure or reverler C!lause, as eonu.ined. in inSt"",""",t. recol<ded in Book 206 at. Page 301, pro...i4ing as fol.l..,..", ~t no trail.er caaps or t.rail..r park.. ..hall. b.. pe.:m.tt.ed or "bal.l. b.. eOI1a.t.ruc1:ed.. 9. Easement. Agreeaent racorded September 16, 1977 in Book 335 at page QO. 10. lU.ght of WAY for the Sal'V'a'h.iou D.i~ch all revea.l_d by Plat of Su.nll)' Park North Subdiv~sion in ~1a~ Book 3 at Page 52-as Reception No. 122358. 11. ~r..a, conditions,obl.:i.ga"ti.ons &Ill! grovi.sioD.s of Resolu1:.:101l of th. Board of Coun1:r ~i..Bio:a.l!IX"s of Pit:.Mn COWi.ty; Colorado, Graat:iAg '%'he Aspen Elect:.ric Subdi.v.ici.O:Il E1I::empt:.ion for a ~ Line Adjul:i:elOli-t, .Resol.ui:..i.OD. No.. 92-387 as s.et:. fortb in i"..t.........nt:. recol<ded no"_r 13, 1992 in Book 694 at: Page 447 lIS Rece~ion Ro. 350755. 12. 1'erDl8, coQ4itioDS, oblig-at:.ions, proVi.S.iDIlS and e:a.s~t. of Agreeaen"t by and. bet......n Barry c. S1"9"el., Sharoll. L. SiegAl. ..ll.d Rob.rt. c. s..it.h and Gl.ell.da D. ""'iUl, for .. 'Ut.il.l.t.y h"......"t. for ;Lot; 3 and Lot: 5. S"-Y Park Ifort.h Subdi"id.oll. a.. set. forth in ins~...........t. recor:4ed Septellber 22, 1987 in 11oo11: 546 at. Pa9" 5l.5 a8 Racaption 110. 293066. ,-.... COl1ti.ngecl OQ. next page: 07/30/2003 11:16 9709253067 ARD ENTERPRISES PAGE 06 "It, """ ....~ '..",,' CoIl.1oinuat.ion of sehedul.. B - ALTA o-..r'. PlOl.l.ey Pol~"r R\UIbtor, 0-9701-188745 RETAIN FOR PERMANENT RECORD 13. Acc... _.~ gz'lUltad. 11D'to Barry CoO si~1 aDd Sharon L.. s.i.ege~ as q't; :farth in i.ns1<~n1o recoried Pebruary 4, 1993 ~n Book 702 a1:. l'aqe 756 a. R""epl<~on Ifo. 353649. 14. :renos, (londi.1:..l.ons, obH.!Jat~on.. and prl>yision.. of Subdiy.l.sion ~_1:. for 1:h.. A_ .l"~r.l.c Bllq>lor.... Bous.lDg a.. SR forth in in..t.~t. recor4ed February 19, 19'3 in Book 703 at Page 944 ..a RIKl..pt~ >>0. 354094. 15. ~eraa, conditions, abli.gaUmul aDd. proviaioDs of Ordinance Ko. 62 (Series of U92) An Orotinen".. of 101ut A"pen Cit.y COUll".I.1 Gran1:.u.g S..w.iY.l...ion Re8ott.ing flOr _.rat_Dens~t.y aes.l._u...l _ (1t-15) t.o Mfo_l.. _"ing (AB). GMQS .x:.-pU.oa 8D4 t"ftn"'....iDJ.Daiall~iDll, Lot 3, S'UUlJ Park IfOrth SQb4i.visJ..ma., park A.....u.., Aaptm, ColOrada as ...1< forth i.n iDst.........t. rec::oried 1Carc:h 5, 1993 in Book 705 ..t. Page 277 as Recept~oa M6. 354575. 16. Baa_t.a, righ1:.a of ....r aAd ot:her ...t1<8r.. as a_ and coauiDe4 on 10Iut Sunny park ...rth Plat. recoried in Pla1:. I!look 3 a1:. paqe 52 a.. Recept:ion.... 12;1358; t.hIo $iegel-lfascot.t.a Lot. LiD. Adjua_t. Plat racorded Pebruary 19, 1993 in Plat. Book 30 a1: Page 84 a8 RIKleption .... 354092; aDd the Aa;pen 1l1ect.ric lI11lMU..~aioa Plat recorded Pebruary 19, 1993 in Plal< Book 30 al< Page 115 aD Ilee<opt~ 110. 354093. 17. hra.., condil<iou", oblf.9ati01l" and ~..i...i01lS aa ...t. for1:h in Eas........t AlJra-ent. """"rdAd ICar ;19, 2002 a.. Reeept.~ .... 4680;11. "-1.8. A De8d of T......t dat.Ad. Mal' 29, 2002. e""",,_ by AlaiD Degrae...., t.o 1:he l'1Wlic Trust.ee of Pitkin Ccnm.~J', to secut;"f'!! aD. iIld._bt.eaaeBB of $1,000,001.00, in fa'YOJ;' of Washng1:.On Ruloual Balik, PA, recordAd May 29, 2002 as Recept:ion Ro. 46805&. '-' 07/38/2003 11:16 9709253067 ARD ENTERPRISES PAGE 07 . l'NDOIlSEMENT FORM 110.1 (Rev. 5195.,.." ,'" - '-' ENDORSEMENT AlTACHED To AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER 0- 9701-188745 ISSUED BY '.._.~- RETAIN FOR PERMANENT RECORl: STEWART TITLE GUARANTY COMPANY HElUiIN CAlLED THE COMPANY Order No.: 00029588 Said Policy i. hereby ._clod by deleting pa~ 1 l<hrongh. . inclusive. of Schedule B. This endol-.l i. mode a part of the policy oad is sul!iect to all of the lenDs aod provisions IIlenof and of any prior emIo.!wk.otls~. ~ to the exlent exp",.,oIy _. it neith.... modifies IIDY of the letms and provisions of the policy aod illY prior """"""'men... nor does It extend the effective date of the policy ODd any prior eodonements. nor does it in_ the foce amDUDt lhenoof. Signed under ..t for the Company. but this emIo..........t i. to be valid only when it besrs III IUIborized COUJItcn;jgnalUt1O. '>.-... STEWART TITLE OO~_~ ~!~ ~ .....ideot c:y-~ AuthDrized Count.rsfgnoture - IIrnWAR:TTlTUi OF ASPEN. me. ^_lDI06OIlA Sorial No. E-9851.161944 07/30/2003 11:16 9709253067 ARD ENTERPRISES PAGE 08 ".., - ....." 8TG-lDde,c;or&ado~to~y (Rev,' I, ..II) STEWART TITLE GUARANTY COMPANY INDEX OF ENDORSEMENTS TO POUCY COLORADO Agent Ylle No.: 0002t5BB RETAIN FOR PERMANENT RECORD Insured: AL&:Uf ~ Policy No.: 09701-1811745 Policy Form: ALTA OWNERs POLICY 18-17..,2. Charge $2,B83.50 The Endorsements ind~cat.ed below are attaehed to the above referenced P01i<:ly' BIID01lSZIIEIft 110.1 (lJelet.~ of St.ardari S"""Pti01lC) Charge $100.00 ".-.' -'-" 07/30/2003 11:16 9709253067 ARD ENTERPRISES PAGE 09 ", ~ -' ,,' CONDITIONS ANI) S'i'U'ULA11ONS ~ RETAIN FOR PERMANENT RECORD ",OOFOF UlSS OR. DAMAGE. ~_.Ia -- ....... _Ill< -'....,.u.d ..... _ 3 at..... Coadl6oao........................... p.o'ridcd tho "-",,. _For_ or ""-...... ... -... to by 1bo .......- _ be """- t. the Compa1I)' _ 90 dayf _..._ _.._........;" ""'.... '"""" noo..... '- Of ,,"-_ The proof of loss or....... -_ the doh:! m. or r... or -.... oa ....1hIa. orolhcr _r """"'" Q1IilIaI by dda policy _ _lho b.... of 1... .......,..... ....1 -. .. die ...... _Ia. .... ...... .r ...._., OIl< ........ 01'.... .... or......... If... Con..- ia f,>j""'-4 by the -.. atlbo _"" dIlirDIN to proy1de tbII! raquired pttIOf 01&0. ~ d.n.sc, 1M Company.s ohlipdom 110 ~ imun:d IIDIIer the policy Ibdl tcrminIt6. iDc~ any Iiflbi6t;y or obIieMioa 10 defend. ~ l.'If eOdinae aay Ii'tipIioa. with n;pnf to dlc DJdcr Of mIkn rcquino, fiUah proof Qf kw or da~. 1ft addiriclll,'" .......- _ _y be..,.;,.,I ... - to . . - - _ ...... _ by.<Q' ......;....1 ~ of .... CanIpao;y... .... pn'lduoe for~. iMpecdon and~, . ~ RMDMble tiMca.nd ~ lIB may bI! ~gDIIcd by M)'1IUIhari2:'ed 'tef~ o.f the CampAay. .It_onk. baob.Iedf'!'D, cbeeb., e(l.[i.-I"'ndectCe 6DlI~, whcrberbeari.a due before or,ttu DdeofPolicy~ -mch re:asonltbly pettaift 10 the _or.tmIgC. FDttbcr~ if teq\IcItcd by .It)' ~ lq... Illative ofdJc Campmy, the illlUftld cJ.imlnl...U em- ita ~ ln~. for IIIIY _~ c ~~. t.thrr: of.. ~ kl c~. ~ and e<rn all ~ boob.1ed~ dlccb. CG.,~{;nc.1!'" ~ in 1be caody orcommlof & Ihird J*1Y. ~b I'CUnOIbly pcn:aiD to tho..... or......... AU ialbnnatioo ~ .. _I by die ....md._ p_ '" 1he Campmy......-.,Ibis SeoIioo .....1... be __ "'-.. UDJc:a.. in 1U n:.lIDDable ~ of1be Company. it. D JXCCaU'1 i:a the ad~ ordle clal'm. MUI~ tRibe iIIlIBftd (;"'imnl to sabnm ror CDIIItnIIioft DDdcr 0Idh. produce II'IdIl:r I'CHOftfIbIy mpICIlI!d ~_.A..... (It. grad: ~ to ~ nuann.ly ~ ~ ftum third partica _ ~ in IbiI pMaJnpb IbllII -- _1bhl1ill' of !be: Cooopaoy ..... thU poIky _ to tI!at .laUn. 6. OrnONS TO PAY OR OTRERWlSI< SE'rTLE CLAIMS: TERMINATION OF I.IARILITY. Id cue ma clai.... undet-tbiJ poliq~ thfI Cc)mp<<ay ....11 ~ Ihc foIlnwing ttddidcmal ('IptioD.; (al.... ....... T_,,"-oI'''' ""'_01'- T...y "'-..,....at............. .r........... ......tlUapoGcy fcogolhcr_..y -. aItoIftoya' r.c...................... by............-......... ~.uIhnriz6d by Ihc ~f up 10 Ihe timo ofpaymt.;M. (Ir lender of paymenl: aod which dM c.ompuy it ohtiplcd to PJ)'. Upon.... .....;." by .... Cortooaay "fib;' ..".;.n. .n fiobUIty.... obIiptioao to ...."""md _1b;. .....Y. _..... to.... !be:........ ...,u..!,"'" ~.inc~ tIIIlyliabmty or ohIipdoaw dcfcnd.~.or ~...y l~. and dHopotJ.:y IlbaJIM lIIl,IIftDdCMlDdtn rkCoqwlyfof~. (hI To ..... or Ollo....""" _ _ ....... 0II00r _... -.... or WoOl ",,_ cw....t. {i} to PI)' or IJIIIerwM Idle with (lIha-pma tot or in Ihc....n)e 00'" iMurU chlillllllll aay chalft u.urcd.-imt under this po&y~ togcthcrwitb myCOllb., ."0I'IIcyII:' fees .act c~ bJ::urmt by the- h~IRd claftbtt which WCI'tl MltOOrizcd by the CoqNmy ~ in Ihc lime of pa~ UJd which !he: Company mobliplcd 10 r ,-..,' OO'...yor__ _...._._........ord_pmoldodfin-.......lbi. po&y...........____.-.. ................. -- by.... _.- ""........ ...- by !be: Cortooaoy lip to Ibc...... .r...,..-.... _b 1bc CompoII,)';' obliptad., ply. Upon !be .- by.... ""'""""' of...... .f Ibc ........'-;Oed fin- .. ,......,m. (Il)(i) or (n). !be ~'. ....;....... "'.... _ VdderlhOo poIiey fin- the cItimed- Jog Dr ~ GIber 111.".. ~ mplIftd to he: ~ Mall tennilllllC. including _uy mbiHly or obUption to ~fC!Dd.t ~ or coarlaue -ny Iitiplion.. 7. DF:TDlMINATION, EXTElW OF L1ABtr.tTY AND COINSURANCF_ nn.. policy is · ~ ofiD6cmnlty aeaimc IICtuaIITIDAI:QI")" loa or da~ A1llt1ined or- incumxl hy the _red claift'Wml who baa !U1T'ercd loA Of" da~ by rcuan of ~ infIurod .~ by this rnr~ <<ud only ta che atcDl bett!lin ~ribod+ (a}"'" IUibiUty nf1he Compaa,. ~ thu.: poJ~y llban DOt e~ tb~ leur. 1)1': (i) the Amounl of IruurabCi; _cd m Schedule A. or. (ii) ,be di~ betwcca. 1M YllteCl err the. ~ catatc. or Interclll u iNured tnd dte val~ ofthc lMured CaDle or j~ BUbjccl tQ tM defect, lieft i)f I;'ocum- bonce iuured .pi,.. by this policy. (h) rn the event 11M AmountofJlttIUmncc!ltaMd itt ScMdult! A at the Dm orpo1i~y La lejtJ dum 80 pareert ortbc nl1M ofChc iIlSllred eR4te or i.nI:erestottfte fun I;orukleratioo raid mr 1M 16nd. whichever i.1cu. {'II' ihubJJCqwml t~ the Dam l)f Policyan ifrIprovcmcnt 11t ~ted on 1ht! Itnd whidl iftCteUcs the value of1hc inlUred. edRtc or i*~ by at kla-lll2.0 percent ('IVeJ" lite Amount of lruu.~ lItatro in Seb~dulc A. 111m thUr Pnney it lIUbjcct to d)c folkrw;n,~ Ci) 'Nhcrc no llU&.eqUCN imp1'tM:ment hall been rraade~ u 10 any pntiat ~ 1110 Compaqy 5Ill1I only pay the IDRll pro rata iu the proportion that tb~ amDtiDf of m.uraaclt 81 Date or ~~T &c.n I(l the 101&I vall,lc:: oF the iM;UR'd C8b:te or iDtClUt at DfIte of PDliC)'~ I)t (ii)wb.eft a.-~ improwmedf bu been OUlde. 8lI to any rani.1 iou. the Company dudl Onty pay th~ kln pro rata i~ the propnrtioa tkt ~20 perc.eliK ortbc AmounI o)fJn.urll~ .tt;d in Scht:cI,,1c A ~r:\ 10 '!be IlUm orlM Amnum or Imlu~ staled in S~1e A and tk lilmount l!~ for tM j~mebL. The proviaionA or lhiapulIgl1!pb IIhaII not apply M <<Uf~. .nome)',' r~and e~ lorwhieh the COlnfllltty i.liablc uftdeotthiJ policy. And Mlln onI)' AJ'lplyto that pClftiClt\ Qrany 101'111 which excotll:b.. in !.he .Un:gatc, 10 pet'l:enl (If the Art'K'lunl: ofIn$UnulCc SUited it'! St.hodulc A. (c} The ~y witt p.y ooJy I:hn.q. etaS". attorney.,' feet and expcnll'C8 ineum:d in a<<:QI'(Itm:c. with ~,ion 4 of IMse ConditioQJI. and Stipulatic:w.. 8. APPORTIONMENT. rfthe land dm;cfibcd III Scbedule A COMilllll o(fwn or 1hrml J"I~J,. ,which aft Ik>I ullCd u. a single Mm. and. loa is etCIblbhcd a1reeUae one or rnttrIe of' die pa~. hut not all. Ihe f(\fII.lllball he t:~utcd and xnJed MI. pn:- rabI hallh~ AA if the aMl"IUDI ofillllUftftec "IWcr tIda pnHcy....." divided pro nil: n to tbe. value oa D8re of Policy 0'" 'cb SeJ'tt:l"IItC parcel to the whole. cxcluAiYe mmy impt'C')'\1emcDl8 made .\I(INcqucnt It) b.tc ofPnlky. unIcsa a HabUit}' or valw! hu odIcnfiM been agreed upon .i11:o to. -../-lreoJ by Ute f;omJ)any .n.d the iMUred at t&c ti~ of lbe: iuunec of this pnf~y and ahown by.. cxpml$ Dlcmcnt Of' by lilt eudn~~Al daclIcd to this parleY_ (s::~"'.._Il.' .~litJa_plS!t-orfUpoJicy) (M.,TA Owno.'. PoD,,) -. - MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Joyce Ohlson, Deputy Director FROM: Sarah Oates, Zoning Officer RE: 200 Sesame Street, Lot 5, Sunny Park North Subdivision 8040 Greenline Review DATE: January 29,2002 SUMMARY: The applicant, Alain Degrave, represented by Bill Pollock of Zone 4 Architecture, has applied for 8040 Greenline approval for an addition to the single family residence. The applicant is proposing the addition of approximately 780 square feet of floor area. The 8040 Greenline standards primarily concentrate on the effects of site grading, the ability for the property to be served with utilities and fire protection, and the visual effects of the resulting development on the mountain backdrop of the City. The Community Development Department has received referral comments from all relevant departments and those are reflected in Staffs analysis and recommendation. The applicant is also requesting a four (4) foot, six (6) inch variance from the height requirement in the zone district, which is twenty-five (25) feet. The need for the variance arose through a request from the Fire Department to provide for a forty-five (45) foot turning radius for a fire truck turnaround. The actual height of the building has not been altered from the original set of plans, but because the Fire Department requested the garage be stepped back five (5) feet the grade from which the height is measured has changed, creating a need for the variance. Currently, the road width and turnaround area is inadequate and providing this turnaround will actually help rectify a dangerous situation. The applicant has also been asked to mitigate the problems of inadequate access for emergency vehicles by sprinkling at least a portion of the building and adding fire detectors. Staff recommends approval of the 8040 Greenline Review and the height variance for the proposed addition at 200 Sesame Street, with conditions. ApPLICANT: Alain Degrave. Represented by Bill Pollock of Zone 4 Architecture. LOCATION: 200 Sesame Street, Lot 5 Sunny Park North Subdivision. I - - ZONING: R-15 PUD. PREVIOUS ACTION: An administrative lot line adjustment was approved between Lot 5 and Lot 7 (accessed from above) in 1999. REVIEW PROCEDURE: 8040 Greenline Review. With a recommendation from the Planning Director, the Commission may approve, approve with conditions, or deny a proposed development based on the corresponding criteria. Variance. With a recommendation from the Planning Director, the Commission may approve, approve with conditions, or deny a proposed development based on all three corresponding criteria being met. STAFF COMMENTS: 200 Sesame Street is the first of two houses located on a dead end street at the base of Smuggler Mountain Road. The lot has steep slopes and the floor area has been reduced due to the percentage of slopes over 20%. There is an existing single-family house to the south and to the northeast, which is accessed off of a separate driveway further up Smuggler Mountain Road. Sesame Street is a substandard street and the Fire Department has requested several changes to the site plan to allow for emergency access. Review criteria and Staff Findings have been included as Exhibit "A." Agency referral comments have been included as Exhibit "B." The application has been included as Exhibit "C." RECOMMENDATION: Statf recommends approval of the 8040 Greenline Review and height variance for 200 Sesame Street, with the following conditions: I. The Building Permit application shall include: . A dust and noise mitigation plan. . Slope stabilization analysis. -") V(]';c:.....,~ ~Im~ ____) Mudflow analysis. ~ ~ S ::--T" ~> Indemnification of rock fall areas. . . . . Avalanche Hazard study. . Soil Hazard study. Drainage study and mitigation that detains rain and snowmelt run-off and is routed on site. These facilities shall be shown on the drainage plan and approved prior to the application for building permit. . 2 ~ ~a-r~ -\"'~ ~ )~~ ~1~ ~-~ ~~ The Site Improvement Survey submitted at the time of building permit submittal shall 0 ::SJ.-:,;.,~ include the following: ~. ~~~ . All of the utilities shall be shown. 7", ~=/ . The Surveyors Certificate needs to state the accuracy of the survey, ~ ~ Prior to the issuance of a Certificate of Occupancy a sprinkler system and new fire ~~ alann system are required for the new portion of the structure. ~ " Sesame Street shall not be narrowed in any way during construction and any modifications to the road are to meet the City of Aspen's engineering standards. Prior to the issuance of a Certificate of Oc y "No Parking" signs are to be put in place at the entrance of the road so as the di e people from obstructing access to Sesame Street. , , '- ' . A tree removal permit from the City Parks Department for the removal or relocation of trees as per Section 1320.020 of the Code. Erosion control plan. (? a-ok::s Adequate landscape plan showing how erosion will be mitigatedUJ06"ks, . . . A water tap permit for a tap sized for required fire suppression systems (for both the fire hydrant and suppressio WI in the structure) and for the domestic use. . A tap permit from the Aspen Consolidated Sanitation District and all applicable fees. A site plan showing the garage ~g set ten (10) feet back to accommodate a forty-five (45) foot turning r.;:drus. "'" . 2, 3. 4. 5. 6, Prior to building permit issuance a n serv line shall be installed providing for separate shutoff controls on each line an nnecting to the new 12-inch water main in Park Circle. The existing service t e ad] . ing residence shall be re-tapped at approximately the same location viding for tli same size of service as existing. The existing service connecti n to the 6-inch main cated in Park Circle needs to be abandoned at the corporation stop. Prior to building permit submittal the app I shall determine the location of the service line from Lot 7, Sunny Park Nort 0 termine whether or not permanent improvements such as the rock wall on e nort west corner will impact the neighbor's sewer service line, These conditions of approval shall be printed on the cover sheet of the building permit set and all other drawing sets used for construction, The primary contractor shall be provided with a copy of this Resolution and shall submit a letter as part of the building permit application stating that the conditions of approval have been read and understood. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. The applicant shall record this Planning and Zoning Resolution with the County Clerk and Recorder. 7. 8. 9. 3 r ",,,; .. RECOMMENDED MOTION: "I move to approve the 8040 Greenline Review and a variance from the twenty-five (25) foot height limit by four (4) feet and six (6) inches, for the expansion of the single-family residence at 200 Sesame Street, with the conditions included in Planning and Zoning Commission Resolution 02-_." ATTACHMENTS: Exhibit A Exhibit B Exhibit C -- Review Criteria and Staff Comments Referral Agency Comments -- Development Application d:\home\saraho\planning\esa\200sesame _ MEMO.doc 4 MEMORANDUM To: Alain Degraeve From: James Lindt, Planner Date: April 27, 2004 Re: Degraeve Lot Line Adjustment Plat- Community Development Department's Comments Please make the following changes to the draft lot line adjustment plat that you submitted for review: I. Please include the following purpose statement: "The purpose of this plat is to adjust the common lot lines between Lot 5, of the Sunny Park North Subdivision and Lot 2, of the Aspen Electric Subdivision in order to maintain some landscaping features for Lot 5 that were mistakenly installed on a portion of Lot 2.~~ 2. Please add the following Plat Note: "This Lot Line Adjustment shall not affect the permitted floor area, maximum allowable density, or existing development rights of either property represented on this plat." 3. Please add the following Plat Note: "As part of any building permit application for lot 2, the submitted improvement survey must show that all of Lot 2's property corners have monuments with durable caps bearing the registration number of the licensed surveyor responsible for the establishment of the rnonument.~' 4. As shown, Line CI is the old lot 5 boundary line along Park Circle. In place of C I, two lines need to be defined along the curved boundary with Park Circle. 5. Please show the "Basis of Bearings" for the plat and the "Point of Beginning". 6. Provide a vicinity map on the plat. 7. Provide information as to where the existing water and sewer service lines are located in order for staff to determine whether a new utility easement is needed to accommodate the existing lines. . 8. Change the City Engineer's Signature Block to the Community Development Engineer's Signature Block. . ," 9. Remove Condominium Plat signature blocks for the Community Development Director and City Engineer that are located at the bottom of the plat. 10. Change Clerk and Recorder's Signature Block to read "Lot Line Adjustment Plat" rather than "Condominium Map". II. Change the date on all signature blocks to read 2004. 12. Show all easements on lots 2 and 5 and provide their recording information (including the recording information on the recently relocated pedestrian and utility easement). 13. Show the centerline of the ditch and the associated easement. 14. Show the boundaries of the existing Public Road easement across lots 2 and 5 and reference where the easement is recorded. Dedicate an extension of the easement across the new portion of Lot 5 if needed, in order to allow continued vehicular access to Lot 2 in the event that parcel ownership changes in the future. 15. Obtain all signatures with the exception of the City Community Development Director, Community Development Engineer, and Pitkin County Clerk and Recorder prior to submitting mylars to Community Development Department. Additionally, please submit a recording fee of $11 with the 2 Mylar sets that is payable to the Pitkin County Clerk and Recorder's Office. John Ely, 03:43 PM 5/4/2004 -0600, 210 Sesame Street property ,.,.., Page I of I , . " X-Sender: johne@commons X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Tue, 04 May 2004 15:43:34 -0600 To: John Worcester <johnw@ci.aspen.co.us>, saraho@ci.aspen.co.us From: John Ely <johne@ci.aspen.co.us> Subject: 210 Sesame Street property Cc: cindy Houben <cindyh@ci.aspen.co.us> X-MaiIScanner-Information: Please contact the ISP for more infonnation X-MaiIScanner: Found to be clean John and Sarah, This property has been reviewed by our Com Dev Dept recently on a referral from the City. It was believed by our staff that this property was restricted from the type of development contemplated by the owner. After looking at the documents concerning the lot line adjustment processed by the County when the property was in our jurisdiction, it appears that no deed was ever executed fonn the County to Siegle following this action. Therefore, the County may still have an ownership interest in that part of the property originally part of the Mascotte/99 Lodes. Until this ownership interest is resolved by an action of the BOCC, the current proposed City action may be without adequate foundation. You may wish to consider tabling this matter until we can work through the details. Give me a call if you wish to discuss this. thanks Confidentiality Notice This e-mail transmission and any accompanying documents contain infonnation belonging to the sender which may be confidential and legally privileged. This infonnation is intended only for the use of the individual or entity to whom this e- mail transmission was sent as indicated above. If you are not the intended recipient any disclosure, copying, distribution or action taken in reliance on the contents ofthe infonnation contained in this e-mail transmission is strictly prohibited. If you have received this transmission in error, please call us collect to arrange for the return of the documents to us at our expense. Thank you John M. Ely Pitkin County Attorney 970-920-5190 Printed for Sarah Oates <saraho@ci.aspen.co.us> 5/4/2004 ,r..' -flk_ Cof( , J .......# r.k1 ~ Memorandum The Oil'l 01 Aspen Cil'l Anomey'!; OIlice TO: Joyce A. Allgaier FROM: John P. Worcester DATE: May 12, 2004 RE: 210 Sesame Street - 8040 Greenline Review Planning and Zoning Commission Resolution No. 04-11 relative to the 210 Sesame Street (Parcel No. 2737-074-002) Greenline Review was made conditional upon the City Attorney's Office being satisfied that title to the affected property was properly vested in the applicant, Alain R. Degraeve. Please accept this memorandum as this office's determination that Lot 2, Aspen Electric Subdivision, is properly titled to Alain R. Degraeve. In reaching this conclusion, I reviewed Pitkin County Resolution No. 92-387, the Siegel-Mascotte Lot Line Adjustment Plat recorded at Book 30, Page 85, a Policy of Title Insurance issued by Stewart Title Guaranty Company to Alain Degraeve for Lot 2, Aspen Electric Subdivision. It has been over a week since the County Attorney raised the issue as to whether title was properly conveyed to Mr. Degraeve. I have not heard anything further from the County. If you have any questions regarding this memorandum, please let me know. .ft__ - .... - ASPEN (PITKIN COMMUNITY DEVELOPMENT DEPARTMEN1 June 8, 2004 Mr. Alain Degraeve P.O. Box 7975 Aspen, CO 81612 RE: Lot 2, Aspen Electric Subdivision, 210 Sesame Street Dear Alain, This letter is to, confirm that Condition No.7 of the City of Aspen Planning and Zoning Commission Resolution No.ll of 2004, has been satisfied. This determination is based upon the documentation provided to the City of Aspen by you, the Aspen City Council annexation approval, and the representations .of the City Attorney in evaluating title. Furthermore, there has been no additional information provided to the City by Pitkin County that would disallow the development as proposed. This confirmation clears the way regarding this matter so that you may pursue a building permit. Please feel free to contaot me with any questions at 920-5062. Regards, '-J~ a ~ Joyce A. Allgaier, AICP Deputy Director of Community Development 130 SOUTH GALENA STREET' ASPEN, COLORADO 81611-1975 . PHONE 970.920.5090 . FAX 970.920.5439 Printed on Recyded Paper i'C"" , ' June 8, 2004 Mr. Alain Degraeve P.O. Box 7975 Aspen, CO 81612 RE: Lot 2, Aspen Electric Subdivision, 210 Sesame Street Dear Alain, "., . ASPEN /PITKIN COMMUNITY DEVELOPMENT DEPARTMENT This letter is to, confirm that Condition No.7 of the City of Aspen Planning and Zoning Commission Resolution No.ll of 2004, has been satisfied. This determination is based upon the documentation provided to the City of Aspen by you, the Aspen City Council annexation approval, and the representations ,of the City Attorney in evaluating title. Furthermore, there has been no additional information provided to the City by pitkin County that .would disallow the development as proposed. This confirmation clears the way regarding this matter so that you may pursue a building permit. Please feel free to contaot me with any questions at 920-5062. Regards, "J 'a~ JO~Allgaier, AICP Deputy Director of Community Development Post-it< Fax Note 7671 loA. Co./Dept. Y'cte v'e.. Phone' q T't>- 2 '" 2u Fax' '11.'S-'?Obi- Co. Phone # q 2.0 - SOlo 2. q2. 0 - 'S 1'-Yl Fax # Printe<i on Recycled Paper 130 SOUTH GALENA STREET . ASPEN, COLORADO 81611~ 1975 . PHONE' 970.920.5090 . FAX 970.920.5439 .....~.. -..- Memorandum The Cil'l olDspen Cil'l DlIDrnef's Onice . TO: Joyce A. Allgaier FROM: John P. Worcester DATE: May 12, 2004 RE: 210 Sesame Street - 8040 Greenline Review Planning and Zoning Commission Resolution No. 04-11 relative to the 210 Sesame Street (Parcel No. 2737-074-002) Greenline Review was made conditional upon the City Attorney's Office being satisfied that title to the affected property was properly vested in the applicant, Alain R. Degraeve. Please accept this memorandum as this office's determination that Lot 2, Aspen Electric Subdivision, is properly titled to Alain R. Degraeve. In reaching this conclusion, I reviewed Pitkin County Resolution No. 92-387, the Siegel-Mascotte Lot Line Adjustment Plat recorded at Book 30, Page 85, a Policy of Title Insurance issued by Stewart Title Guaranty Company to Alain Degraeve for Lot 2, Aspen Electric Subdivision. It has been over a week since the County Attorney raised the issue as to whether title was properly conveyed to Mr. Degraeve. I have not heard anything further from the County. If you have any questions regarding this memorandum, please let me know. ..... - "'. ,J" RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING AN 8040 GREENLINE REVIEW AND SPECIAL REVIEW TO VARY THE ACCESSORY DWELLING UNIT (ADU) DESIGN STANDARDS FOR 210 SESAME STREET, LOT 2, ASPEN ELECTRIC SUBDIVISION, CITY OF ASPEN. Parcel No. 2737-074-20-002 Resolution #04-11 WHEREAS, the Community Development Department received an application from Alain Degraeve, owner, for an 8040 Greenline Review and Special Review to vary Accessory Dwelling Unit (ADU) design standards for the construction of a single-family residence at 210 Sesame Street, Lot 2, Aspen Electric Subdivision; and, WHEREAS, pursuant to Section 26.435 of the City of Aspen Land Use Code, after a recommendation by the Community Development Department and consideration of comments by relevant referral agencies, the Planning and Zoning Commission may approve, approve with conditions, or deny an application for an 8040 Greenline Review and Special Review to vary the ADU design standards based on the criteria that are set forth in said Section; and, WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, City Parks Department, the Aspen/Pitkin County Building Department, and the Pitkin County Community Development Department reviewed the proposal and provided comments, and the Community Development Department recommended approval of the application, with conditions; and, WHEREAS, Section 26.314 of the Aspen Municipal Code provides that an application for a variance from the dimensional requirements of the code can be reviewed by the Planning and Zoning Commission if it is part of a consolidated process; and WHEREAS, during a regular meeting on April 6, 2004, April 20, 2004 and May 5, 2004 the Planning and Zoning Commission conducted a duly noticed public hearing and approved by a five to one (5-1) vote the 8040 Greenline Review and Special Review to allow for an ADU to be attached to the principal building by a set of entry stairs, for the construction ofa single-family dwelling unit and ADU to 210 Sesame Street, Lot 2, Aspen Electric Subdivision, City of Aspen, with the conditions described herein. NOW, THEREFORE BE IT RESOLVED by the Commission: Staff recommends approval of the 8040 Greenline Review and Special Review for 210 Sesame Street, with the following conditions: I. The Building Permit application shall include: . A dust and noise mitigation plan. . A report from a qualified soils and geotechnical engineer that certifies their concurrence with the soils report findings, has an analysis for the stability of the proposed house on the hillside, and provides additional qualifiers to the design and construction of the proposed house . Mudflow analysis. ," "-.", , . Indemnification of rock fall areas. . Avalanche Hazard study. . A tree removal permit from the City Parks Department for the removal or relocation of trees as per Section 13.20.020 of the Code. . An erosion control plan prepared by a professional engineer. All runoff should be retained onsite. The erosion control plan needs to describe the erosion control measures to be used during construction and permanent erosion control measures. . Adequate landscape plan showing how erosion will be mitigated. . A tap permit from the Aspen Consolidated Sanitation District and all applicable fees. . A map showing the construction vehicle haul route. 2. The Site Improvement Survey submitted at the time of building permit submittal shall include the following: . All of the utilities shall be shown. . The Surveyors Certificate needs to state the accuracy of the survey. 3. After construction is complete, the setbacks shall be re-vegetated with native plant species. 4. The property line which boarders Pitkin County open space must have a construction fence installed to ensure no accidental disturbance occurs on the County property. 5. Sesame Street shall not be narrowed in any way during construction and any modifications to the road are to meet the City of Aspen's engineering standards. 6. The applicant shall comply with the City of Aspen's construction hours of7am to 7pm, Monday through Saturday. 7. This approval is conditional upon the finding by the City Attorney that title to the property is properly vested with the Applicant and that no conflicts exist that would prohibit the development as proposed. Should the City Attorney or Pitkin County be unable to convey clear title and use/the findings of the Planning and Zoning Commission shall be null and void. 8. These conditions of approval shall be printed on the cover sheet of the building permit set and all other drawing sets used for construction. The primary contractor shall be provided with a copy of this Resolution and shall submit a letter as part of the building permit application stating that the conditions of approval have been read and understood. 9. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. The applicant shall record this Planning and Zoning Resolution with the County Clerk and Recorder. " "... ."... APPROVED by the Commission at its regular meeting on May 5, 2004. 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