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Home My WebLink Aboutcoa.lu.sr.421 N 5th St.0029-2006 ...., . City of Aspen Community Development Dept. CASE NUMBER 0029.2006.ASLU PARCEL ID NUMBER 2737-12-4-97-001 PROJECT ADDRESS 440 N FIFTH ST PLANNER CHRIS BENDON CASE DESCRIPTION DEVELOPMENT ORDER REPRESENTATIVE IA SEDGWICH 948-1890 DATE OF FINAL ACTION 5/1 5/2006 12:1 CLOSED BY Denise Driscoll . DEVELOPMENT ORDER 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 (3) -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 beiow. Property Owner's Name. Mailinl! Address and telephone number: IA Sedgwick, Inc.; PO Box 10251; Aspen, CO 81612; 970.948.1890 Lel!al Description and Street Address of Subject Property: 440 North Fifth Street. Written Description of the Site Specific Plan and/or Attachment Describinl! Plan: Administrative approval for three Residential Design Standards variances - build-to lines, street-oriented entrance, and porch roof height. Land Use Approval Received and Dates: Administrative approval, attached. Effective Date of Development Order: May 21,2006. (Same as date of publication of notice of approval.) Expiration Date of Development Order: May 21, 2009. (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.) ""~ 2006, by fu, C;tr of ^"" C,mmm>itr Do"d""""" Di="', Chris Bendon, A1CP Community Development Director City of Aspen PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the 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: 440 North Fifth Street, City and Townsite of Aspen. The Applicant received administrative approval for a variance to the Residential Design Standards for build-to lines, street-oriented entrance, and the entry porch being greater than one-story in height. For further information contact Chris Bendon, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920- 5090. sl City of Aspen Publish in The Aspen Times on May 21, 2006 ~,. '"' ~>1 '-..... MEMORANDUM TO: Ben Allen, IA Sedgwick, Inc. Garret Brandt, Brandt Feigenbaum, PC, Attorneys Chris Bendon, Community Development Director 440 North First Street Residential Design Standards Variances May 12, 2006 FROM: RE: DATE: SUMMARY: The applicant, IA Sedgwick, INC, is developing a residential lot located at 440 North First Street and has applied for administrative variances from the City's Residential Design Standards (RDS). Approved Variations: Staff finds the following requests meet the criteria for administrative variance. The variances provide for an appropriate pattern of development given the context ofthe neighborhood: . Build-to lines - the development includes less than 60% of the Smuggler Street fayade within S feet of the setback from Smuggler Street. See Exhibit B. . Street Oriented Entrance - the entrance is located on Sth Street as opposed to Smuggler Street as required. See Exhibit B. . Entry porch being no more than one story in height - the development includes a two story vaulted space on the Sth Street entrance. The above listed variations are approved conditioned upon implementation of the intermediate porch roof as represented as option B in the May 11, 2006, drawings submitted by Ben Allen. APPROVED ApPROVED by the Community Development Director: ~h1Mt MAY 1 8 2006 COMMUNITY DE'VELOPllENT IJllit(; I L), Ml_~' a~~~~ . Date:~1<<h Chris Bendon, AICP ATTACHMENTS: Exhibit A: Allen letter and drawings dated May 11, 2006 Exhibit B: Brandt letter of approval dated April 19, 2006. COPY: David Hoefer, Assistant City Attorney I_ -. V J 5<-hihil- A P.O. Box 10251 Aspen, CO 81612 mobile (970) 94s.1890 fax (970) 927.3012 IASedgwick@comcast.net To: From: RE: Date: Chris Bendon Ben Allen 440 North Sth street OS/lI/06 Dear Chris, Thank you for taking the time to review these drawings. I hope that we can reach some agreement or at least head in the right direction from these. Please call me when you have a moment to discuss. Thank YO~AI/~tOLt--- BenAll~'f ~ 948-1890 MAY-11~2006 12:37P FROM:CADVANTAGE INC RESID 3036510384 TO: 19709259378 "......., ."..... I -, ~ I I I I I I I I I I I I I I I 1_ .L_ I I I I _l.. J_ I I I I I I I I I I I I I I I \ \ I ...- ..N. - 25'00" -" P.4 f ~ -- ~ MAY-11-2006 12:37P FROM:CADVANTAGE INC RESID 3036510384 TO: 19709259378 P.3 ..<..,~" ,....... ~ I I I I I I I I I I I .. I I I I L .L_ I I I I -1 J_ I I I I I I I I I I ~ I I I I I I I I<l I - 2!Ii'..Q" .. ...- ~ ~ MAY-11-2006 12:36P FROM:CADUANTAGE INC RESID 3036510384 - TD:19709259378 ,..-.) .! P.2 n .. . N .1_ I I I I J ~ I I I I I I I I I I ~ I I I I I -.... I ...- I N ~ I - ...... ~ -- MAY-11-2006 12:36P FROM:CAOVRNTAGE INC RESID 3035510384 TD:19709259378 P.1 ...'...... ,...., C7 I I I , I I I I I I , ..- I r;: , I I J_ L. I I , , -1 J_ I , I I I I I , I I ~ , I , I I I r;: , _::s::::. I 211'.0- .. ~ Apr.20. 2006 9: lOAM BRAND.T, FE IGENBAUM _r" No. 2239 P. 2/3 E:Wt1"/;'/- t BRANDT + FEIGENBAUM, r.c. AlTORNEYS AT LAW LUCAS PECK, ASSOCIATE PETER P. DELANY, PARALEGAL MIDLAND MALL 132 MIDLAND AVENUE, SUITE 4 BASALT, COLORADO 81621 TELEPHONE: 970.925.5196 FAX: 970.915-4559 WWN.brandt-law.com ASPEN CONFERENCE ROOM: US BANK BUILDING 420 EAsr MAIN, 2ND FLOC~ AsPEN, COLORADO 81611 CNAR1.E5 T. BRANDT (1939-2001) GARRET S. BRANDT MICHAEL FEIGENBAUM GARRET S, BRANDT asbrandtt1iJbrandt'law.com April 19, 2006 Via Facsimile Mr. Chris !lendon City of Aspen Community Development 130 S. Galena 5t Aspen, CO 81612 RE: City Stop Work Order on Construction at 440 N. Fifth Saeet Dear Chris; Thank you for your time Monday to discuss the issues with the residentaJ Design Standards as they apply to my clients project. Pursuant to that discussion, we accept your offer to grant an administrative waiver for the following two (2) issues identified in Amy Guthrie's letter; 1. the "Build-to,lines" where less than 60% of the fa~ade is located within five (5') feet of Smuggler Street; and 2. the "Street Oriented Entrance" facing Fifth Street I have drofted for your review and ""ecution a letter waving these two items. My client is ""ploring the possible alternatives to address the front entrance canopy issues. We hope to have tentative plans on this issue before you leave on Thursday. Also, the "transom" window will be removed. With these steps, the City should lift the Stop Work Order as to all of the Project except the front entry way. The entry way work will only be allowed to commence upon approval of the revised plans. Please let me know if you have any other questions. ret S. Brandt for BRANDT + FEIGENBAUM, Pc. Ene. cc: Ben Allen Hank Thurston Amy Guthrie David Hoeffer Ap r. 20. 2006 9: lOAM BRANDT FEIGENBAUM No. 2239 P. 3/3 ~" Qiwvak+- D~~ REo 440 N. Fifth Street To Whom It May Concern: This letter confirms that as Director of Community Development, the undersigned hereby waives the Residential Design Guidelines for the Property with respect to the following two (2) issues; 1. Section 26.41O.040.A.2. Site Design. The requirement to have at least 60% of the fa~ade within five (5') feet of Smuggler Stteet is waived; and 2. Section 26.410.040.D. Building Elements. The "Street Oriented Entrance" facing Fifth Street is approved as the main entry. This waiver is e"pressly limited to this property and the items detailed above, and no other waivers are "''<Pressed or implied by this action. Sincerely, CNvM ~ L{./71J I ~ Chris Bendon, Director City of Aspen Community Development ,- \", :) p.o. Box 10251 Aspen, CO 81612 mobile mUl948.1890 fax (970) 927.3012 IASedgwick@comcasLnet To: From: RE: Date: Chris Bendon Ben Allen 440 North 5th Street 04/19/2006 Dear Mr. Bendon, Thank you for taking the time to review these new drawings. We have addressed the issues at the front entry by taking the following measures: ~ I. ~~W2. MUfn muvt. (1) j).::e")r.1J/..C4""'- -3. ~~......... ..-4. ~,J:;:.. boCJd. (/f(.''''o/ 5. Removing the window I transom glass above the front door Adding 12 inch x 8 inch beams horizontally at a level consistent with the second floor, both across the entry columns and back into the building which has an infill effect visually. Adding a tasteful and appropriately sized chandelier above the front entry to fill the upper level space at the entry. Change the style of the front door from a somewhat contemporary style to a more subtle and simpler solid wood as seen more frequently in the Traditional West End of Aspen. We are also proposing a reduction in the size of the fence that surrounds the house as will be reflected in our upcoming submittal for a fence permit. This will involve less stone and more open picket steel fence especially at entry. Our hope is that this too will reduce the grandeur of the entry area and make it more common place in the neighborhood. Again thank you for taking the time to look at these drawings and attached photos (these are of a mock up of the removed window and added timber). 1 eagerly await any and all comments, and would appreciate any opportunity to explain what we are trying so hard to remedy. -~ ,r;,' .... ...J... .. ,....,,~.. '.' I ..,;:- I APR 1:1_ ~ ~ t: " I~ .. :* ~ <( r-.... I.{) ..c: 0 ...... 0 LO ........ . ~ (1)~ Z(1)~ l- 0......(0 o:;:tCJ)O o:;:t 0 N N ~ ~ ~ .- -- .. ..:4 ~;;';-,'%':'" ,~L"'S.,>: "'~..;. #.';;;J!""'::p,,~[;:":'__:'>':'''')'0~' .", ''':"M(.,t'''!\~'';1C~J<~\';''__Y;. ..... 440 N 5th Street 4/12/2006 11 :00:57 AM 1 o 1 , ..; N~N ~-,< \:2-- II MB6f2.- ~D :l J-J Npp-IH Y l15vt o J I I % II 1/1 11 I I I T I I I I./:- 1/11 1,"11'17 01ITI IIITII T, .~ ,',', I',P 0-]~' ',', 1',1 I I \T 111 'd7 / ~ITT121""T\ ~I I Y 0-] I I 1 8 T T I ~ '/&' 1/ ~ 0-] I I I 11 T ~ ,..., I ( . . ,=,,' 0.l 1 '/' ~. nl " 01 I T 1 ~ ",,' ,,0-]1 ~ SJ..' ~ ,- TT ~~(__ r= . ,'--=: ,~=::::: ,.." r'~~ .--"" ...~.. ~. I -~ l- l= f- I,-J N0YJ '\\~ - ~~p y 'I }7 V 1/ 1- T ~ F>/ / >;- / ~ I//~~ - ~ [JGJ@~ "''\.1" ~p I [ L: / ~ " -- -~ ~ , b:, .. .. - I T .. ~ -<I :::;;\" -jp.., -" "I-...JI .. - ..Jb.." 11'- - .. <<- - - - J:J[ 1. 'T"i _ ,,- " : m . . :HI..J <<_.. ,'11'1- Fii'" I .. r"'ll -I - - ~_"L..- ?:- 10, , '1r"'i _ .. - ,.... 1-111 X-,,-HIT w~~ V\~H o J A~~ fb y.. \ 1- 1i\.AB6~ ~\) , /' I I I. . .(:'.>A , ' '1" t ; ~:.I ::., f ,. t I(J . I .. 'f' , " ,', ~ : , " , . l Illi I &I~ \ ., ~ f ,/,~. , " . AS~EN.PITKIN COMMUNITY CEVELOPMENT CEPARTMENT o C"QRRECTION NOTICE GtSTOP WORK ORDER Job Located at 44 [J 1--- J S ~ I I have this day inspected this structure and these premises and have found the following violations of City, County and/or Colorado .State laws governing same: . <l, VI VI Ii if . . I . , '"-PI" 'l6> <'''' t:.{) l.N,p Correct By \ (30 days from the date of otice.) '--Jew l~\ Photos Taken: Yes .unless otherwise noted. \...\1I.\A.-.1 I" 10 L>vs I "'~ <;, You are hereby notified that no more work may be done upon J4 I the premises until above violations are corrected. Failure to correct I the violations within thirty (30) days may subject you to a civil suit for an injunction. or a fine, or both; or to a misdemeanor criminal prosecution, which upon conviction may carry a sentence, or fine, or imprisonment, or both. !!,;ase_~act the Department immediately to assure timely corr tlO~ o te Inspector for Community Development Department I Community Development Department phone: 920-5090 DO NOT REMOVE THIS TAG - o , ....~'" '-i CustomF:telds FeeSl..l'rlmar~ Fee! Pafcejs Aootingt!islory-Actions '" ~ ~ Petmit Type Add_I''''' N FIFTH 51 City Permidnrormatoo Mastel Pel'm~ Ptoiect DetC,iption IDEVELOPMENT ORDER I , ~_._--- ----.------.-----...-..-. Pelm~ #rv029.2006,ASlU AptIS "'.1 5'''' lcoj Zip z .. ~ Aoutingo""".I..ki16 - Applied 10511512006' Appoov.d 10511512006 Istued Subrrilled IIA SEDGW1CH 94lJ.lll'JO FilstName Clock ISlopped D"", r~O Record: 2 of 2