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HomeMy WebLinkAboutLand Use Case.1445 Red Butte Dr.0005.2006.ASLU o """ I..J City of Aspen Community Development Dept. CASE NUMBER 0005.2006.ASLU PARCEL 10 NUMBER 2735-01-3-30-002 PROJECT ADDRESS 1445 RED BUTTE DR PLANNER JENNIFER PHELAN CASE DESCRIPTION PROPOSE TO INCLUDE BASEMENT IN ADU REPRESENTATIVE MATA DESIGN 927-1092 DATE OF FINAL ACTION 5/5/2006 12:0( CLOSED BY Denise Driscoll Resolution No. 15 (SERiES OF 2006) " A ...uP! (",,-J,. ~ " cr C_ f) ~rI/~' -- ,-,<".'t-, if 'i t7' "~r' ~ / ... v'" ~ \! <'''',....d' ,"';4f ,.- - ,. i. ! . ()' ........ --- ,,~ RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A SPECIAL REVIEW TO CONSTRUCT A CARRIAGE HOUSE LOCATED AT 1445 RED BUTTE DRiVE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-013-30-002 WHEREAS, the Community Development Department received an application from 1445 Red Butte, LLC, requesting Special Review approval for variances from the ADU and Carriage House Design Standards for the construction of a carriage house to be located at 1445 Red Butte Drive; and, WHEREAS, the Applicant's property is a 31,755 sq. ft. lot located in the R-30 Zone District; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the Special Review Standards; and, WHEREAS, upon review of the application, site visits, and the applicable Land Use Code standards, the Community Development Director recommended approval of the Special Review for two variances from the Accessory Dwelling Unit and Carriage House Design Standards pursuant to L.D.C. Section 26.520.080 D., finding that the review standards for the requests have been met; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and objectives of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission approves with conditions, the Special Review request to construct a carriage house at 1445 Red Butte Drive, by a vote of five to zero (5 - 0), and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. I NOW, THEREFORE BE IT RESOLVED by the Commission: Page I of5 c """' .... Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the _'" Planning and Zoning Commission hereby approves Special Review approval for two variances from the Accessory Dwelling Unit and Carriage House Design Standards (L.D.C. Section 26.520.050 1., providing a maximum amount of net livable square feet and L.U.C. Section 26.520.050 4., requiring finished floor heights of a carriage house to be entirely above natural or finished grade) pursuant to L.U.C. Section 26.520.080 D. This approval, with conditions, will allow the Applicant to construct a carriage house located at 1445 Red Butte Drive as represented at the public hearing held April 4, 2006. As a condition of approval, the mechanical room as shown in the application shall only service the carriage house. Section 2: 1. There shall be 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 the site. Additionally, Due to the location of excavation and work around the large cottonwoods located in the front of the structure the parks Department will require specific root protection measures to be used through out the length of the proj ect. The project representative shall meet with the Parks Department to work out these details and show these plans in the building plan set. 2. An approved tree permit is required before approval of the building permit. An approved tree permit requires a proposed landscape plan identifying trees for removal and means and schedule for mitigation. Please contact the City Forester for more information 920-5126. ~ ".."..,r 3. A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. When planning for new water line and sewer taps, plan around all tree drip zones and existing vegetation. A. A formal plan indicating the location of the tree protection shall be required in the bldg permit set. B. There will be no storage of construction materials, backfill, tools or construction traffic inside of the protective fence. C. There shall be no excavation or disturbance of the native area inside of the protective fence. D. This fence must be inspected by the city forester or hislher designee (920-5120) before any construction activities are to commence. 4. Parks is requiring a detailed plan outlining access to and from the construction area. Access plans should detail all vegetation protection measures and construction staging areas. 5. The primary contractor shall submit a letter with the building permit application stating that they have read and understand the conditions of approval contained herein. - Page 2 of5 - - 6. The Applicant shall provide a drainage plan prepared by a licensed engineer prior to building permit issuance that demonstrates that the property's historic runoff will not be increased as a result of the addition approved herein. ,""'..... 7. A Park Development Impact Fee may be applicable to the proposed development as per Section 26.610 of the Land Use Code. Section 3: The building permit application shall include the following: a. A copy of the final P&Z Resolution. a. The conditions 'of approval printed on the cover page of the building permit set. b. A completed tap permit for service with the Aspen Consolidated Sanitation District. c. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. d. An excavation stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes for review and approval by the City Engineer and Streets Department Superintendent. Also included in the CMP should be the following topic; erosion BMP's, soil stabilization, drainage impacts, and construction phasing plan. e. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. f. A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the City Engineer. A detailed demolition plan is required with attention provided to the debris and storage near the river. g. The Zoning Officer shall verify compliance with Floor Area Ratio standards. Section 4: The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal if the building is over 5,000 square feet in area. Section 5: The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Page 3 of5 ,..., ~ """ -" Section 6: The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Below grade development may require a pumping system. One tap is allowed for each building. Shared service line agreements will be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Any glycol heating and snowmelt system must be designed to prohibit any discharge of glycol to any portion of the public and private sanitary sewer system. -~-~- Section 7: A Colorado licensed engineer shall verify that groundwater will not negatively impact the proposed construction. Section 8: All outdoor lighting shall be downcast and meet the requirements of the City of Aspen Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 9: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. -.. Section 10: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 11: 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, 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. APPROVED by the Commission at its meeting on April 4, 2006. APPROVED AS TO FORM: 0.) !f- PLANNING AND ZONING COMMISSION: ~~--r~ City Attorney ATTEST: -.. Page 4 of5 "'"-''' - 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. 1445 Red Butte. LLC -1445 Red Butte Drive. Aspen. CO Phone: (970) 544-6784 Property Owner's Name, Mailing Address and telephone number Lot 12A. Ouillen Subdivision. a resubdivision of Lots 11 and 12. Block 1. Red Butte Subdivision. according to the plat recorded April 18. 1986 in plat book 18 at page 64 (known as 1445 Red Butte Drive) Legal Description and Street Address of Subject Property The applicant has received Special Review approval to be granted two variances in the accessorv dwelling unit and carriage house design standards to allow part of the accessory dwelling unit to be located below grade and to allow the net livable space of the ADU to exceed the maximum allowance for a carriage house. Written Description of the Site Specific Plan and/or Attachment Describing Plan Planning and Zoning Commission Resolution No. 15. Series of 2006. 4/4/06 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) April 16. 2006 Effective Date of Development Order (Same as date of publication of notice of approval.) April 17. 2009 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 19th day of April, 2006, by the City of Aspen Community Development Directof&\N) ~ Chris Bendon, Community Development Director - TEe. MEMORANDUM To: Planning and Zoning Commission THRU: Joyce Allgaier, Community Development Deputy Director ~lNJ ~ \Y>< FROM: Jennifer Phelan, Senior Long Range Planne~ RE: 1445 Red Butte Drive - Special Review for variances from the Accessory Dwelling Unit (ADU) and Carriage House Design Standards - Public Hearine DATE: April 4, 2006 Applicant: 1445 Red Butte, LLC (Ken & Carolyn Hamlet Representative: Martin Mata, Mata Design Zonine: R-30 (Low-Density Residential) Lot Size: 31,755 Square Feet Land Use: Single-Family Residence Request Summary: The Applicant is request- Special Review from certain design standards for an Accessory Dwelling Unit (ADU) or Carriage House in order to build a Carriage House with below grade habitable space and to increase the maximum allowed net livable square feet. Staff Recommendation: Approval with conditions of the variances from the Design Standards for ADUs and Carriage Houses. 1445 Red Butte Drive Land Use Requests: The Applicant is proposing to build an accessory dwelling unit (ADU) on the property known as 1445 Red Butte. The unit is proposed to contain sub-grade livable floor space and the Applicants are requesting the following land use approvals: . Special Review approval for a variance from the Accessory Dwelling Unit and Carriage House Design Standards pursuant to L.U.C. Section 26.520.080 D., Special Review. The Applicant is requesting a variance from L.U.C. Sections: Page 1 of3 i'..'..... .......~~ '.,...' 1) Section 26.520.050 1., which requires an ADU or carriage house to contain a maximum amount of net livable square feet; and, 2) Section 26.520.050 4., which requires finished floor heights of the ADU or Carriage House to be entirely above the natural or finished grade. REVIEW PROCEDURE: A development application special review shall be approved, approved with conditions, or denied after review and consideration during a duly noticed public hearing by the Planning and Zoning Commission under L.U.C. Section: 26.520.080 D., Special Review. PROJECT SUMMARY: The Applicant has requested approval to build a Carriage House (an ADU must contain between 300 and 800 net livable square feet while a carriage house must contain between 800 and 1,200 net livable square feet) with 1,756 net livable square feet. The total net livable square feet is divided into 906 square feet (not including the stairwell) on the ground floor and 850 square feet in the basement. STAFF ANALYSIS: Special Review for Variances from the Design Standards for Accessory Dwelling Units and Carriage Houses: Carriage house design standards require that the carriage house provide a certain amount of above-grade net livable square feet. As proposed, the above-grade net livable square feet on the ground at 906 square feet falls within the 800 and 1,200 net livable square feet required for a carriage house. The Applicants have asked to add a full basement to the carriage house to add to the livability of the dwelling and to provide a practical solution to the presence of a high ground water table. Designing the structure so that it is, "as simple and monolithic as possible with minimum or no penetrations through the waterproofing membrane.. .is the most practical way to achieve sound waterproofing." One of the primary goals of the ADU/Carriage House program is to provide viable housing opportunities for working residents. The unit proposed is a detached unit that is proposed with a full basement. All of the typical living areas: bedrooms. bathroom, kitchen and living room of an ADU or carriage house are provided above-grade and the above-grade space is within the required range of net livable square feet for a carriage house. The additional basementfloor area will provide a multi-purpose room, laundry ,space. and storage which increases the livability of the carriage house. The mechanical room, as proposed, is designed to serve the entire property. As noted in the Design Standards (Section 26.520.050 I h)), utilities must be separately accessible. The only access to the mechanical room with the shared mechanical equipment is through the carriage house. Staff would recommend that either the design of the building be amended to allow for a separate access orfiJr the mechanical room to only serve the carriage house. Lastly, the basement addition will not impact the visual character of the property and will look like a subordinate building to the primary residence. Based upon the variance criteria, Staff is recommending that the two variances be granted; however, Staff would recommend Page 2 of3 .-'" ...,,'~ that the mechanical room be required to either onlv serve the carriaf!e house or be desif!ned s~ that access to the room is not throuf!h the carriaf!e house. D. TREE REMOVAL AND CONSTRUCTION TECHNIQUES: The Parks Department has reviewed the development proposal and has approved the development approval. The Applicant must obtain a tree removal permit from the City of Aspen Parks Department prior to removing any trees. Staff has proposed a condition of approval that would require the Applicant to meet the requirements of the Parks Department within the resolution. E. PARK DEVELOPMENT IMPACT FEE: The Applicant is required to pay a Park Development Impact Fee for additional bedrooms added to the site pursuant to Land Use Code Section 26.610, Park Development Impact Fee. Staff has included a condition of approval in the proposed resolution requiring that a Park Development Impact Fee, if applicable, be paid prior to building permit issuance. STAFF RECOMMENDATION: In reviewing the proposal, Staff believes that the request meets the special review standards that are set forth in Land Use Code Section 26.520,080(D), Special Review. Staff recommends the Planning and Zoning Commission approve this Special Review application with the conditions proposed in the attached resolution. Section I of the resolution includes the condition that the mechanical room only service the carriage house or an alternative access to the room be provided. If the Planning and Zoning Commission does not agree with the condition, the last two sentences of Section 1 should be deleted. RECOMMENDED MOTION: "1 move to approve Resolution No. J5, Series of2006, approving with conditions, a Special Review to approve variances from the ADU and Carriage House design standards to construct a carriage house located at 1445 Red Butte Drive as the request meets the review standards of Land Use Code Sections 26.520.080 D., Special Review." A TT ACHMENTS Exhibit A -- Review Criteria & Staff Findings Exhibit B -- Application Exhibit C -- Addendum to the Application Exhibit D -- Email Correspondence from Roland Fischer dated 3/20/06 Page 3 of3 ~._._,~~--=.._."--~.--~~--"--~-.--~-,.-~-,, ....~--~._.,,-,~~,<----_.... " , Resolution No.6 (SERiES OF 2006) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A SPECIAL REVIEW TO CONSTRUCT A CARRIAGE HOUSE LOCATED AT 1445 RED BUTTE DRiVE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-013-30-002 WHEREAS, the Community Development Department received an application from 1445 Red Butte, LLC, requesting Special Review approval for variances from the ADU and Carriage House Design Standards for the construction of a carriage house to be located at 1445 Red Butte Drive; and, WHEREAS, the Applicant's property is a 31,755 sq. ft. lot located in the R-30 Zone District; and. WHEREAS, the Community Development Department Staff reviewed the application for compliance with the Special Review Standards; and, WHEREAS, upon review of the application, site visits, and the applicable Land Use Code standards, the Community Development Director recommended approval of the Special Review for two variances from the Accessory Dwelling Unit and Carriage House Design Standards pursuant to L.U.C. Section 26.520.080 D., finding that the review standards for the requests have been met; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and objectives of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission approves with conditions, the Special Review request to construct a carriage house at 1445 Red Butte Drive, by a vote of to L - ), and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED by the Commission: Page I of5 '-,--~I,....----~~.~.,_.~~".,---- - '. " Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Special Review approval for two variances from the Accessory Dwelling Unit and Carriage House Design Standards (L.U.c. Section 26.520.050 1., providing a maximum amount of net livable square feet and L.U.C. Section 26.520.050 4., requiring finished floor heights of a carriage house to be entirely above natural or finished grade) pursuant to L.U.c. Section 26.520.080 D. This approval, with conditions, will allow the Applicant to construct a carriage house located at 1445 Red Butte Drive as represented at the public hearing held April 4, 2006. As a condition of approval, the mechanical room as shown in the application shall only service the carriage house. If mechanical equipment serves any other part of the property, the mechanical room shall be designed so that access to the mechanical room is not provided through the carriage house. Section 2: I. There shall be 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 the site. Additionally, Due to the location of excavation and work around the large cottonwoods located in the front ofthe structure the parks Department will require specific root protection measures to be used through out the length of the project. The project representative shall meet with the Parks Department to work out these details and show these plans in the building plan set. 2. An approved tree permit is required before approval of the building permit. An approved tree permit requires a proposed landscape plan identifying trees for removal and means and schedule for mitigation. Please contact the City Forester for more information 920-5126. 3. A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. When planning for new water line and sewer taps, plan around all tree drip zones and existing vegetation. A. A formal plan indicating the location of the tree protection shall be required in the bldg permit set. B. There will be no storage of construction materials, backfill, tools or construction traffic inside of the protective fence. C. There shall be no excavation or disturbance of the native area inside of the protective fence. D. This fence must be inspected by the city forester or his/her designee (920- 5120) before any construction activities are to commence. 4. Parks is requiring a detailed plan outlining access to and from the construction area. Access plans should detail all vegetation protection measures and construction staging areas. Page 2 of 5 .......,.,.1 _ ~_~~""____'''_'___'_'_'.~<'~~ , 5. The primary contractor shall submit a letter with the building permit application stating that they have read and understand the conditions of approval contained herein. 6. The Applicant shall provide a drainage plan prepared by a licensed engineer prior to building permit issuance that demonstrates that the property's historic runoff will not be increased as a result of the addition approved herein. 7. A Park Development Impact Fee may be applicable to the proposed development as per Section 26.610 of the Land Use Code. Section 3: The building permit application shall include the following: a. A copy of the final P&Z Resolution. a. The conditions of approval printed on the cover page of the building permit set. b. A completed tap permit for service with the Aspen Consolidated Sanitation District. c. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. d. An excavation stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes for review and approval by the City Engineer and Streets Department Superintendent. Also included in the CMP should be the following topic; erosion BMP's, soil stabilization, drainage impacts, and construction phasing plan. e. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. f. A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the City Engineer. A detailed demolition plan is required with attention provided to the debris and storage near the river. g. The Zoning Officer shall verify compliance with Floor Area Ratio standards. Section 4: The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal if the building is over 5,000 square feet in area. Section 5: Page 3 of 5 ... ',,--..,/ T~e Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 6: The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Below grade development may require a pumping system. One tap is allowed for each building. Shared service line agreements will be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Any glycol heating and snowmelt system must be designed to prohibit any discharge of glycol to any portion of the public and private sanitary sewer system. Section 7: A Colorado licensed engineer shall verify that groundwater will not negatively impact the proposed construction. Section 8: All outdoor lighting shall be downcast and meet the requirements of the City of Aspen Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting Section 9: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 10: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 11: 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, 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. APPROVED by the Commission at its meeting on April 4, 2006. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Page 4 of 5 , City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Page 5 of 5 . ., Jasmine Tygre, Chair EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS Svecial Review Criteria for a Variance from the ADU Desi1!n Standards. An application requesting a variance from the ADU 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)(a)(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 ADU or Carriage House may be approved, approved with conditions. or denied based on conformance with the following criteria: 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 . 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. 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 Findinl! One of the primary goals of the ADU/Carriage House program is to provide viable housing opportunities for working residents. The unit proposed is a detached unit that is proposed with a full basement. All of the typical living areas: bedrooms, bathroom, kitchen and living room of an ADU or carriage house are provided above-grade and the above-grade space is within the required range of net livable square feet for a carriage house. The additional basement floor area will provide a multi-purpose room, laundry space, and storage which increases the livability of the carriage house. The mechanical room, as proposed, is designed to serve the entire property. As noted in the Design Standards (Section 26.520.050 l.b)), utilities must be separately accessible. The only access to the mechanical room with the shared mechanical equipment is through the carriage house. Staff would r"commend that either the design of the building be amended to allow for a separate access or for the mechanical room to only serve the carriage house. Lastly, the basement addition will not impact the visual character of the property and will look like a subordinate building to the primary residence. . %iS~OfG Jennifer Phelan From: Martin Mata [matadesign@comcast.net] Sent: Tuesday, February 07, 2006 9:03 PM To: Jennifer Phelan Subject: 1445 Red Butte Jennifer, Please add the following to our Special Review application. 26.520.080.D Special Review... (responses in bllle iflllic) 1. The proposed ADU or Carriage House is designed in a manner which promotes the purpose of the ADU and Carriage House program (Fhe additional space makes the unit more livable and more appealing 10 a wider range of))()lential employees and does so wilhout adding to the visible mass. ), promotes the purpose of the zone district in which it is proposed (the proposed ADU is a cuslomary accessory use allowed in the R-30 zone District), and promotes the unit's general livability (the general livability is enhanced by I) Basement space would locate storage out o(the prime living area as well as provide a greater overall quanlily and qualily ofsloragefor the occupant and 2] The proposed 'living' uses localed in the basement .ljX1Ce would be uses commonly found in below-grade ,Ipaces such asfomi(v/ media room. exercise area, office areafor the management of the property. laundty room, etc. The primary living areas such as bedrooms, living room, kitchen. bathrooms are located entirely above grade. Additional bedrooms may not be created in the basement area because bedroom egress requirements can not be metfor the proposed structure. 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. (The unil is designed by the same designer as the main house and is designed 10 be a smaller version oflhe main house. The location on Ihe property is asfor away as possiblejiJrm the main house and is visually shielded by mature trees on the properly.) 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. (The proposed unit is ofa residential characler smaller in scale 10 most buildings in the neighborhood and nol in any designated view planes. Ofj:street parking is more than requiredfor the property even after the addition oj"this unit. The roaring Fork River, a RFTA bus stop and Ihe Rio Grande and Cemetery Lane pedestrian/ bike trails 3/23/2006 I.. -,-~,,-_._,__~ _..~"_..,.>~,."._ Page 2 of2 , are ap less than a 5 minute 'walkjYom the proposed unit. Thank you, please let me know if you need anything further. Martin Mata Mata Design Company 508 Lake Court Basalt, CO 81621 970 927 1092 tel 970 927 1093 fax 3/23/2006 Page 1 of 1 .' ExttFB1TD Jer'lnifer Phelan From: Sent: To: Roland [rolbfisc@qwest.net] Monday, March 20, 2006 2:41 PM Jennifer Phelan Subject: 1445 Red Butte As owner of 1460 Red Butte Drive, I have no problem with the variance on 1445. A builder once asked me about having a basement in one of the Quillen homes and I told him that he better be careful because the water table is so high. My neighbor on the west has had sump pumps running on occasion. My crawl space is usually dry. Roland B. Fischer . 3/21/2006 MATA DESIGN COMPANY '-...,... fY.W\~i\b . - 508 Lake Court, Basalt. CO 81621 1970-927-' 092 f927-'093 mafadesign@comcasLnet Thursday, January 19, 2006 James Lindt City Of Aspen Planning Department Re: Special Review to Vary ADU Design Standards ParcellD # 273501330002 Applicant: 1445 Red Butte, LLCI! Ken and Carolyn Hamlet 1445 Red Butte Drive Aspen, CO 81611 Representative: Martin Mata, Mata Design Company James, The applicants, Ken and Carolyn Hamlet through 1445 Red Butte, LLC are requesting a special review to vary the ADU design standards so as to include a basement in a proposed ADU. The applicant is requesting to vary from three sections within 26.520 Accessory Dwelling Units: 1. 26.520.050 (1) "a carriage house must contain between 800 and 1,200 net livable square feet" 2 26.520.050 (4) "The finished floor height(s) shall be entirely above the natural or finished grade, whichever is higher, on all sides of the structure." 3. 26.520.060 (B) Net Livable Square Footage "ADU's and carriage houses must contain certain net livable floor area, unless varied through a land use review." 1. The code and housing office are not entirely consistent in differentiating between 'ADU' and 'Carriage house'. In discussion with staff it was decided that this structure was to be called an ADU for permitting and deed restriction purposes. However, in this particular section of the code the proposed structure is referred to as a 'carriage house'. Throughout this special review application we will continue to refer to the structure as an 'ADU'. The applicants purchased this property in June of 2004 and have made Aspen their permanent residence. The applicants plan to construct an ADU (carriage house) and have submitted a buildin9 permit application (permit #0218.2005.ARBK) The present design contains 1039 gross s.f. of floor area as measured for floor area calculation purposes. Section 26.520 (1) allows "up to 1,200 s.f. of net livable floor area and changes to that requirement through a land-use (special) review". The floor area still available to the ADU could yield a small basement space of 286 s.f. However, the applicants would like to provide a full basement under the structure for the following reasons... 1. A basement under the unit would allow an overall improvement to the livability of the dwelling in the following manner... a. Basement space would locate storage out of the prime living area as well as provide a greater overall quantity and quality of storage for the occupants. b. The proposed 'living' uses located in the basement space would be uses commonly found in below-grade spaces such as family! media room. exercise area, office area for the management of the property, laundry room, etc. The primary living areas such as bedrooms, living room, kitchen, bathrooms are located entirely above grade. Additional bedrooms may not be created in the basement area because bedroom egress requirements can not be met for the proposed structure. 1/20/2006 Red Butte Special Review p.1 - MATA DESIGN COMPANY '-' - 508 Lake Court. Basalt, CO 81621 t970-927-1092 1927-1093 matadesign@comcast.net 2. It is physically impractical to create a 'partial' basement. The presence of a high ground water condition requires that the entire basement be wrapped in a continuous waterproof membrane. The most practical way to achieve sound waterproofing is that the entire structure be as simple and monolithic as possible with minimum or no penetrations through the waterproofing membrane. 3. The basement space would allow for a practical and ideal location for mechanical equipment to serve the entire property. Section 26.520.2.b specifically sates that shared utility services are not precluded. 4. There is virtually no visual impact to or from the exterior of the structure as a result of the basement space being requested. The only visible item wil be a steel grate covering a required egress well. The Hamlet's desire is to provide housing to employees that tend to their personal and business needs. The spirit of developmental changes to the ADU code over the past few years has been to make these units more livable and therefore more likely to be used for their intended purpose of housing employees. This is exactly the spirit in which this application is being made. The overall goal of the project is to make the proposed CDU as livable as possible for the occupants. Please contact me if there is a need for further information or clarifications. Thank you, tM,~~ . 2, Martin Mata, Mata Design Company cc: Ken and Carolyn Hamlet Contents of complete application: 1. Deposit check in the amount of $1,510.00 for review fees 2. Written description of request 3. Pre-Application Conference Summary 4. Proof of ownership a. Warranty deed b. Title insurance summary 5. Authorization letter 6. Completed land use application 7. Executed fee agreement for payment 8. 8-1/2" x 11" vicinity map 9. Dimensional requirements form 10. Drawings a. Proposed site pian b. Proposed floor pians c. Proposed elevations d. Proposed building section 11. 24x36 improvement survey 1/20/2006 Red Buue Special Review p.2 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY James Lindt 429-2763 DATE: 1/9/06 1445 Red Butte Drive Martin Mata Hamlet Residence Special Review to Vary ADU Design Standards The Applicant would like to include a basement in their ADU, which requires special review approval to vary the ADU design standards that are set forth in Land Use Code Section 26.520, ADUs. PLANNER: PROJECT: REPRESENTATIVE: OWNER: TYPE OF APPLICATION: DESCRIPTION: Land Use Code Section(s) 26.304 Common Development Review Procedures 26.520 Accessory Dwelling Units Review by: Staff for review of completeness and reconunendation on special review request, Planning and Zoning Conunission for final determination on special review. Yes. Housing. $1320 Deposit ($1340 for 6 hrs of staff time. Any Planner time spent over the 6 hours will be billed at $220.00 per hour.) $190 (Housing) $1,510.00 Public Hearing: Referral Agencies: Planning Fees: Referral Agency Fees: Total Deposit: 3 To apply, submit the following information: 1. - .,~ IT .7."-- ~ -0 / ~ /6 .../. . - 1. 0.008. ~._- - <.2" _ j(j. II. 12. Deposit for Review. Completed Land Use Application. Proof of ownership Signed fee agreement 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. 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 ofthe 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. An 8 1/2" by II" vicinity map locating the parcel within the City of Aspen. Site Improvement Survey. Proposed Floor Plans. Proposed Elevation Drawings. 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. Additional materials as required by the specific review. Please refer to the application packet for specific submittal requirements or to the code sections noted above. !JlCopies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff= I 13. 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. VlI',"",",~N VIREIT PAID ( ~ir ~ ~~f! CITY OF ASPEN HRETTr ) 0All: REI' NO"-" f1f7o{ JI)f ZOz.~!'.Df. ,. -, 3 ~o. o() Flied for record the Reception No. da,yof ,A.D. ." oldoct ... By RECOROER DEPUTY . WARRANTY DEED THISOEED, Made on thts day of Mav 10. 2004. DITB CARLSON AND VIC'l'ORD. CARLSON . betMeel1 of the COlI'lty of and St.te of 1445 ItD BOTTJ:. LLC. A COLORADO LllUTKD LDBILXTY COIIPANY . of the Gr~torh). ..t whose legal eckfress I. ; P.O. BOX 1135. 7098 va MOHALD RAIfCBO SAlft'A ra. CA 92067 of the COU'Ityof and St.te of CAL:lPOuaA . of the &rw1t..(a): WITNESS, Th.t the GrMrtorCa). for 8nd In eonsideretion of the au. of ( $10.00 ) TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION-------------------- DOLLARS tlte receipt .m sufficiency of "1m is hel"eby acknoNlects-d. h.. gunted, t.rplned, sold'" conveyed, ... by these pr....t. cbeI: grlnt, _..In, ..U, convey and comi", U'lto the Gr~t..(.). his hefn Ihd ...igrw forever, .ll the rnl property, topther Ifith t"oYelIl!t1ts, if BnY. sttlata, lying IIrd being In the COWlty of PI'l'KDI ..... Stste of COlando, dlKrtbed .. follows: LOT 12A, QUILLJDf SUBDIVISIOl1, A USUBDIVXSION OP LOTS 11 AHD 12, lLOCIt 1, RIm 8U'1"1'B S1J8DIVISION, ACCORDIMQ TO 'l"BJ: 'loAT UCORDmJ APRIL 18. 1986 IH PLAT BOOK 18 AT PACD 54. COtnrrY OF PITltIH S'l'A'l'B OP COLORADO .110 knoNn .. Itreet JUItler 1......5 Jlm) BU'1"I'B DRxVI:. AS'.. CO 81611 TOGETHER lIith ,1I and 11"",(.r end heredft-'ls .nd appurtl!f1lnCes tttereto belonging. or In lInYWlse lIflPertelnlng end the rever.ton .-d rever.tors, I'..inder end r~fnder., rents. iuues end profits theref; ,net In thl estlte. right title tnt.....t. elel......... wbetsoewr of the Gr.,tor(s). either in 111II or elJ.Ilty, of. In end to the Ilbove blrpined pr_laes. lIith the heredtt.-nts end eppurtenences; TOllAVEANDTOHOLD the IBid .....1.8 IIIboWI bIIrplned inti described lIith appurtlnenns. lnto th.. Gr.,t..(s), his heirs inti ...1p forewr. fhe Grll"ltor(s), for hi_elf, hi. heirs en:I perSONI representltiYn, ... covenent. Ilr.,t, ..,.,.in, end litH to and Nith the Guntee(.). his heirs'" H.I... th.t .t the tt. of tta.. ....ling end dellftl")' of th.... present,. hllis IfIIlt leized of the pr.t... ebove conveyed, h.. good, lure, perfect, ..olut. en:I Inellf_lbl_ estlte of inherlt..::e, in llV, In fee Illllple. Ilnd has eood right, full poIIIIr M'd t.fu' ...thorlty to ,r.,t, ber..in, .,ll and convey tt11l ._ In....-.er and fo'" .. Ifonslld, W'Id th.t the __ .re fr.. M'd eleer fr_ III for..- end other Ilr...ts, bIIrgains, "I.., Ii_. tPeI. .~tl, encllllbrenc.. Ind r"trlctl_ of wh.tner kind or rwtur.. soever, DCJ:PT GBHBRAL TAUS AND ASSSSSIIDT8 POR TD YDR 2006 AND SUIIS~ TSARB. AND DCBPT TROSS JlATTBRS AS Sft I'ORTB Oil BXIlIBIT -A" ArlACRlm....-ro AND IIICORPORATBD DUI. 4 The lirentor(s) sh.,1 Ind will UARWf AND FOREVER DEFEND the above bIIrpined pr_t... In the qLllet en:I pncublll POSles.ton of the Grlnt..(s), hi. hein Ind ..Igns. ",'Nt .1I en:I every person or persons l....ully clef_I... the Mho\e or any,..-t thereof. The sl...l.r nlJllber Ihell Inc:ludll the pi""'" Ind the plural the .tngul.r. end the un of fIf'f gender sh.1l be ....1 fcllble to .n ........ IN WITNESS WHEREO' ttte lirlf1tor(s) has executed thl. deed on the date .et forth lII:Ioft. STAff ot COLORADO By: V County of PITItDf l )IS_ l il.III,_J,'111 ~.;~ :.". I 11." D ..... The foregoing tnstru.ent _ acknowledoed before.. on this dily of Nav 10, 2006 by DITB CARLSOJI AMI) VICTORD. CAIlLSOII Esc:rOMl Q38S314 Tltld Q3S5314 .eorded IItIl ..,.~_ApB1',.... 38-35-106.5, tZarIi.JJ,/II.JII+- "DI/i'" - "e A- ., ~<'(/ "1 ~ .'~/'J My cClllllilslon expires \litne.1 -V hind 8nd official leal. JANICE L JOHNSON N_ an:i Address of P son C @d l I Oescrtptt Fnr.. Ill' n11t1ll/nli .... ....~., ...........v ~~-- u. -. =3iCLMATIOIl RECEIVED 16/18/2114 '" '" F.XIIIDIT A tH(jIlT Of PROrRIFmJR ()f A VEIN Of~ 1.01)~ TO f~XTRA<'T ANI) RrMUVE IIISURE TIIEREFROM SI I(ll 11.1> TIIP SAME HE 1'()tINI> 1,() 1'r.NI1TRATI~ OR INTF-Rsm,. TilE I'RI:MISr:S AS RF.."iI!RVED IN IINITI:!) STATES I'ATENT REll)RIJEI) AII(ilJST 1(1. IRR9. IN HOOK 55 AT I'AUE 5. Rl1"ITRICTIVE (l)VF..NANTS. WIIWII DO NOT CONTAIN A [i()RH!ITI,IRB OR REVERTER ClAUSE. AS CONTAINED IN INSTRUMENT RECORDED SEPTEMBER 23. 1960. IN IKK)K 191 AT I'AGE 598 ANI> AS AMP-NUEO IN INSTRUMENT REOJRUEIl JUNE 21, 197'1 IN 11()()K 371 AT rAGE 116 ANn AS AMENDEIlIN INSTRUMENT RECORDOO AUGUST I~. 19110 IN BOOK J9J Ar PAGE 2(1) AND AS AMENDED IN INSTRUMENT REnlRDED AHGHST I~. 10R(l. IN IR)OK JOJ AT rAGE 202. AND IN BDOK 412 AT I'AGE (,39 ANI> AS AMIlNOEO IN INSfRUMENT RECOR[)EJ) IN BOOK 50S AT rAGE .\(<1 AND AS AMENDED IN INSTRUMENT RECORDED IN BOOK ~~ AT rAGE 967 AND AS AMENonu IN INSTRUMENT RECORnBI> IN RlKJK 507 AT rA(jE594. EASEMeNTS. RIOIITS or WA Y AN)) OTHER MATTERS AS SET fORTI! ON TI1E PLAT OF REI) BUTTE SUBDIVISION. BLOCK I, RECORDED IN rl..AT BOOK 2 AT rAGE 250. AND IN rL.A T RECORDED ArRl1.. 18. 1086 IN PLAT BOOK 18 AT PAGE 64 UNDER RECEI'TION ND. 277357. TERMS. AGREEMENTS. PROVISIONS, CONDITIONS AND OIJUOATIONS OF STATEMF.NT OF EXC"Ef'TIONS ANI> FIILI. SlInl>IVISION "ROl'll<;S RECORI>EI) ArRl1.. IR, 19R6 IN nOOK;'i09 AT I'^(ir 148 AS ReCEPTION NO. 177JY;. 5 TERMS. AnREflMENTS, I'ROVISIONS, CONDITIONS AND OOUlfATlONS Of I>EC'-ARATION OF mVENANTS FOR TllEQllILI..EN SUDlllVISION RECORDED APRIL 18. 1086 IN BOOK 509 AT PAGE 2~O AS RECEPTION NI). 277356. TP.RMS. Al1RllEMENrs. PROVISIONS. t"ONDlrlONS ANI) OBLIGATIONS OF EASEMENT. REGARDING TIlE WATER WEI..L AND PlrELlNE. RECORDED FEBRUARY 6. 1992 IN BOOK 66R AT rAGE R26 AS RECEPTION NO. 341370 AND EASEMENT RECORDED FEBRUARY 6. 1992 IN 'BOOK 668 AT rAGE R.m UNDER RECEPTION NO. .141380. I~ASH..rNTS. RICillTS or WA't' ANI> AI.I. onfl:R MATTeRS AS SllnWN ON TlIB IMPRnVF~lENT SURVEY BY SCIIMlIESER (~)RDON MEYER I>ATED AUGUST 23. 2001 AS .lnnNO.991450. 1II1IIIIIIII ~~~ :':1.. SILVIA DAVIS PITKIN CCXJrn'Y co R t"." D 381." /..., " '.... - Land Title Guarantee Company Date: July 26, 2004 1445 RED BU1TE, llC A COLORADO UMJTED UABILITY COMPANY C/O GARFIELD &. HECHT 601 E. HYMAN AVENUE ASPEN, CO 81611 CHRIS Enclosed please find the title insurance policy for your property located at 1445 RED BU1TE DRIVE ASPEN CO 81611 The following endorsements an: included in this policy: Deletion of Standard Exception(s) 6 Please review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions regarding your final title policy, you may contacI Title Department PI1one: 970-925-1678 Fax: 970-925-6243 Please refer to our 0nIer No. 0385314 Should you decide to sell the property described in this policy, or if you an: requiIed to purchase a new title commitment for mortgage purposes, you may he entitled to a credit toward future title insurance premiums. Land Title Guarantee Company will retain a copy of this policy so we will he able to provide future products and services to you quickly and efficiently. Thank you for giving us the opportunity to serve you. Sincerely, Land Title Guarantee Company /' ''\ - G JlIIII"cy No. LTFJ38S314 .... Form AOJORT Our Order No. Q385314 Schedule A Amount $3,900,000.00 Property Address: 1445 RED BUTTE DRIVE ASPEN CO 81611 1. Policy Date: June 18, 2004 315:00 P.M. 2. Name of Insured: 1445 RED BUTTE, u.c A COLORADO LlMITED UABn..ITY COMPANY 3. The estate or iDteRst in the \aDd described or ref....-ed 10 in this Schedule and wldc:h Is covered by this policy Is: A Fee Simple 7, 4. Title 10 the estate or interest covered by this po1lcy at the date hereof is vested in: 1445 RED BUTTE, LLC A COLORADO LIMITED UABILITY COMPANY S. The \aDd ref....-ed to in this policy Is described as follows: LOT12A, QUILLEN SUBDMSION, A RESUBDMSION OF LOTS 11 AND 12, BLOCK I, RED BUTTE SUBDMSION. ACCORDING TO THE PLAT RECORDED APRIL 18, 1986 IN PLAT BOOK 18 AT PAGE 64. COUNTY OF PITKIN STATE OF COLORADO This Policy valid only If Schedule B is attached. Land Title Guarantee Company Representing Old Republic National Title Insurance Company ,......" , No. LTFI385314 ... .. FonD AO/ORT OurOrderNo. Q385314 Schedule B This policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession Dot sbown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. DiscrepanCies, coof1icts in boundary lines, shonage in aIea, encroaclu".."ts, and my facts which a correct survey and inspection of the premises would disclose and which an: DOt sbown by the public records. 4. Any lien, or right to a lien, for services, labor, or material theretofon: or hereafter furnished, imposed by law and not sbown by the public records. 5. TAXES FOR 2004 AND SUBSEQUENT YEARS ONLY, NOT YET DUE AND PAYABLE. 6. DEED OF TRUST DATED MAY fYI, 2004, FROM 1445 RED BUTTE, LLC A COLORADO LIMITED UADILlTY COMPANY TO THE PUBUC TRUSTEE OF PITKIN COUNTY FOR THE USE OF NORTHERN TRUST BANK OF CAUFORNlA, N.A. TO SECURE THE SUM OF $2,925,000.00 RECORDED JUNE 18, 2004, UNDER RECEPTION NO. 498836. 7. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRAcr AND REMOVE HIS ORE THEREFROM SHOUlD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 16, 1889, IN BOOK 55 AT PAGE 5. 8. 8. RESTRlcrIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED SEPTEMBER 23, 1960, IN BOOK 191 AT PAGE 598 AND AS AMENDED IN INSTRUMENT RECORDED JUNE 21, 1979 IN BOOK 371 AT PAGE 116 AND AS AMENDED IN INSTRUMENT RECORDED AUGUST IS, 1980 IN BOOK 393 AT PAGE 200 AND AS AMENDED IN INSTRUMENT RECORDED AUGUST IS, 1980. IN BOOK 393 AT PAGE 202, AND IN BOOK 412 AT PAGE 639 AND AS AMENDED IN INSTRUMENT RECORDED IN BOOK 505 AT PAGE 360 AND AS AMENDED IN INSTRUMENT RECORDED IN BOOK 505 AT PAGE 967 AND AS AMENDED IN INSTRUMENT RECORDED IN BOOK 507 AT PAGE 594. 9. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF RED BUTTE SUBDMSION, BLOCK I, RECORDED IN PLAT BOOK 2 AT PAGE 259, AND IN PLAT RECORDED APRIL 18, 1986 IN PLAT BOOK 18 AT PAGE 64 UNDER RECEPTION NO. 277357. 10. TERMS, AGREEMENTS, PROVISIONS, CONDmONS AND OBLIGATIONS OF STATEMENT OF EXCEPTIONS AND FULL SUBDIVISION PROCESS RECORDED APRIL 18, 1986 IN BOOK 509 AT PAGE 248 AS RECEPTION NO. 277355. / /-<....., , No. LTFD85314 .. G ""1 Form AO/ORT Our Order No. Q385314 Schedule B 11. TERMS, AGREEMENTS, PROVISIONS, CONDmONS AND OBUGATlONS OF DECLARATION OF COVENANTS FOR THE QUILLEN SUBDMSlON RECORDED APRIL 18. 1986 IN BOOK S09 AT PAGE 2SO AS RECEPTION NO. 211356. 12. TERMS, AGREEMENTS, PROVISIONS, CONDmONS AND OBUGATlONS OF EASEMENT, REGARDING THE WATER WELL AND PIPELINE, RECORDED FEBRUARY 6, 1992 IN BOOK 668 AT PAGE 826 AS RECEPTION NO. 341319 AND EASEMENT RECORDED FEBRUARY 6, 1992 IN BOOK 668 AT PAGE 830 UNDER RECEPTION NO. 341380. 13. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT TO BUY AND SELL REAL ESTATE RECORDED MARCH 12,2004 AT RECEPTION NO. 495408. 14. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATIERS AS SHOWN ON THE IMPROVEMENT SURVEY BY SCHMUESER GORDON MEYER DATED AUGUST 23, 2001 AS JOB NO. 99145B. ITEM NOS. I THROUGH 3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED. 9. ITEM NO.4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS RESULTING PROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF KEITH CARLSON AND VICTORIA CARLSON. OLD REPUBUC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO UABIL1TY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF 1445 RED BUTTE, LLC A COLORADO LIMITED UABIL1TY COMPANY. . Wednesday, January 11, 2006 Jsmes lindt City Of Aspen Planning Department Re: Special Review to Vary ADU Design Standards ParcellD # 273501330002 Applicant: 1445 Red Butte LLC Ken and Carolyn Hamlet ?'i<-{. q" ~\ 1445 Red Butte Drive Aspen, CO 81611 Representative: Martin Mata, Mata Design Company "I. 'l. "I- .(" "'I 'L--- James, By means of this letter we authorize Martin Mata of Mala Design Company to represent our interests in the above mentioned land use appiication. Thank you, 10. Ken Hamlet /7 , ATTACHMENT 2 -LAND USE APPLICATION REPRESENTATIVE: (SU"CIC LLc.. APPLICANT: Name: Location: parcel ill # Name: Address: Phone #: IV\'" L-1Ni' -\-- o C{,. "l.- PROJECT: Name: Address: Phone #: TYPE OF APPLICATION: (please check aU that apply): uJ.-e'^-c.~ ~--\--. 0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devl. g] Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Development 0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt. 0 GMQS AUotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition 0 GMQS Exemption 0 Subdivision 0 Historic Designation 0 ESA - 8040 Greenline, Stream 0 Subdivision Exemption (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 Adiustment 0 TextIMao Amendment 11. EXISTING CONDmONS: ~,~~. f'" pel 0,<=0 -t..o \,^?l u J-e... M;L Have you attacbed tbe foUowing? FEES DUE: $ \, '5"\0. O\.? o Pre-Application Conference Summary ~ Attachment #1, Signed Fee Agreement o Response to Attachment #3, Dimensional Requirements Fonn 121 Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans tbat are larger tban 8.5" x 11" must be folded and a floppy disk witb an electronic copy ofall written text (Microsoft Word Format) must be submitted as part of tbe application. / . CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aueement for Payment of City of ASDen Deve'DDmen. Aoolication Fees CITY OF ASPEN (hereinafter CITY) and \,-{'1 c; ~eJ,.. gu#e. ,l-L G j/ ILuA, (N"O['i \\ ~~-e-4 (hereinafter APPLICANT) AGREE AS FOLLOWS: I. (hereinafter, s 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 payment 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 payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of ap~lication completeness, APPLICANT shall pay an initial deposit in the amount of$ \. I <;'1 D.... which is for +W""'^2 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLIC NT 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 $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days ofthe 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. 12. CITY OF ASPEN APPLICANT By: Chris Bendon Community Development Director By:_lM .U~~ ~-\-v-.- D~ ~t~1\r-. ( ~ Date: ol-[ ~.O<?' Mailing Address: GDt; D/\ S .",}-\ ~ I LQ\J{ -+ , ~l~L( / I~ L--L g:\supportlformslagrpayas.doc 1110/01 VICINITY MAP Hamlet Residence 1445 Red Butte Drive, Aspen 1445 Red Butte Drive <::> t:::; ~~n DO 8 D G ~ ~ \~ [1 c:;:J ,\ Q n ~ II t:::;:; 13. . ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM \e.-t e tJe.v\.c..e MG 1SL.l..seM.eV\-+- \'-\'-\ eJ. (S,,-\:-t-e.. \-\-C K"- c.".ol" \<\'-<?" (J"J &.\-k D~,'-Je. A:rq"''''. f2-.- :> 0 Project: Applicant: Location: Zone District: Lot Size: Lot Area: le.\:- '31. ':t-55"xtJ 3\. '1-'7'5 ~ (for the purposes of calculating Floo Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential units: Number of bedrooms: DIMENSIONS: Floor Area: Principal bldg. height: Access. bldg. height: On-Site parking: % Site coverage: % Open Space: Front Setback: Rear seib'i&-: Combined FIR: ~"'..-th . Side Setback: Side Setback: Combined Sides: Distance Between Buildings Proposed: Proposed: Proposed: Existing: ---- Existing:]. Existing: 4 ) Proposed % of demolition (Historic properties only): .--- -t 1- />,;>0 i\.€<<.l) 2. "" MlU ~ew) Existing: '-\ '-\ \ \. 1- Allowable: '5 "io:;. ~ \nf~ ~ p1". Existing: "\ Allowable: ,-'S Existing: ~ Allowable: 'Z.'3f<' Existing: 'b Required: :? Existing: --- Required: Existing: ----- Required: Existing: ~ Required: Existing: 'i<{l''f'Required: Existing: Required: S&' ,. r1" " d [" ' Existing: - 0 Require: Existing: ~ Required: Existing: ..-- Required: Proposed: \ o,? 3.",\ (A,n<J) Proposed: - Proposed: Proposed: Proposed: Proposed: Proposed: c p. P d ("P1". -..; ropose: ""' Proposed: Proposed: I T i''' . Proposed: Proposed: \ p1". .2]!-r - Required: 0 Proposed: . , Existing Existing non-conformities or encroachments: , ~()\-.C>~ 14. \~,...... 'Z..e,,? h.''''-<- iA-,PJ Variations requested: , )-..)[ D'I N"\E.J--lS\",..>AL-- "Mi.-\A-\lb\~ '-- .. - , L..,;-~"""',""e--D . -~_.~,-^.~I-~.~~ "'-' "--" MATA DESIGN COMPANY . \-_ '~v"~~~rD'~- _ \ --";:-_-E.:..7.72' \ --- , , , -_@_h~ f;l, -~~.J1 ie' -- ~,!9/--:-::?--- __--.:..._~_.~ -- - - - _~>.)tz;.~t.:.<~__ - ---- ---, I ,~' I ~ I() if I . ..({>. "",_ .:,<,x. ,_ ~ .....---1' _________ _ $::W :>'$ . ---~ \ ____~~~?-~--- _______________~__~~:~;~_ ~~ x ....' . ~.-- ,.,)..--~-~------' " ~~..--,__- \ I ::-~..:e9~', ! ~I \ \ , , ,) ~ ~\ '7 ~\ ,r c\ :',,~~ '-"""->:.\ (;; , ~; \ '" -eo 1.-. .,' " " ~\ \ ---; \ \ , I \1< '':J;, ~ ~I~ , ,~ c _. ~.",!'.A -. ii\~ "br". ".' \:I' ;,'" ~\"" ~ ~ 1..___, 6L '1,'1 ~\ it.,.. ''''.7 .~., 1.: " .~. ~ \.'~ . ' I _\ ';"_;; , " J "\~'..'j _ i. is. .....,~ 'i' 7 "'~."., ~ -" 1~~.~ 'C.......... ~ - -~ : ~\<~;-'-, ': /1 " ..~', ..:.~: "'I ... ~ O,!.'jZ ~ ~~ /' ~" ,,--_.--,---- \ ,'~-",-", .: t .~ ,/ ."" " '6.. ' ~L~@~~.:---,-~~~~.::.---'----<----~;;: ;- \ -, ' ~ ~ ' ~ , ~ I ",,;..;.'~1 > __.. Existing Driveway 'I ~d ';;"'_ 'd; ..--.....--... " ,-- ,~~..,,,-~ - ~-:- ;,-",,~ //"-<--', : I " ....~ l:\. ~f~''----- /_6-0-0"', /, I L .,.D" .' ..<"'" ---=--~-----/._---~-----' _ 'l< ___.__~jf - - \ --_.-' / ,/ .-- ___..--r- ................" .- ", _:- / --', -- .' ",,',' " ....... "" - '" " I 390st'," ., . , .. ..... ;"-:;::> . "" : i I , .~,-~ I ~I "i,.'ntJ ~. ;; '" 'i. :, \ \ \ ~),", w.. .co -------: \ \ \ ~ .. ,f,,-= __-------.-~'::..\--~---------- - -- --t-a--'IO~g..~'- ~\ II~ . ,r. ~ :.::-: ,...... <c ::: 82' \1:.,1 V..~r" .~-~----..--"----- Proposed Site Plan Scale: 1"=30'-0" 1/19/2006 Red Butte Special Review ..I-.~ r "'- ~ . . .~ }11ec.\-t. "5")('23'" <;.-t;, tL- ~ rfo.(L. ("/.I..!,:.M:d . 7+"f-- L-~(t.1 fKI'Z.( . lo")!l'1." 1.3't~ .,.--. _so ] t\l."'1-~ M"', J ---- \lfi MuL-r1 Y<hf. I'o.s 6- . :r' (lo-o1'1 . : .. 1,\0)( 'l. 3<> ,,- .ll-...L ~IJ-3 r,.......l- ~/. "s<-l\> ...,.,(.J.I... Basemen t , ~ ~-nON - MATA DESIGN COMPANY --+ ..."" r"'i.-"') . t Level fJ .bf1 ~ ~~'{lo~ 16. Ground Floor Level , 4 -:f;(2-M ~ .L \"{oll.lT' '. ~BaM.~ n WI( \30 I 11- 1"- -teN'....c.e. I..A I) I t-' bt- . ,,"oj(' n~ ~ ( '3~~ 4l~+ . It W6-t o Jf1 ? At" c.1 . / 1/19/2006 Red Butte Special Review A DESIGN COMPA ~ o y "-- (j) I c---~- ~.. ~ . Dl!:Q.f't.A"'!'E '""aicJOi.fiiz' LeJ... .L_ ~"/".- -;. ~Al'\r~ :::~VX1-o' - <::.J.C:>'2..$ . _ ..............."'''''') I ,I 'r 1 I I I . I 0 L_ lJIJR.!lr-. '"'El w.q Egress well for proposed basement space ': D _9 '''' ~-' ",. 1- .J:-L-_-O """""" _ _ _ _ ~~",\o!c.... '.c...fl~ , --"""~ Il~:~-I' _ '. "':.i':~ Ik "~' ~. --.- ,-'(ot +\1) ~. __ ""'1.......41.- I ~ .-=+ T Ii ! ! . i I .~ I G)ls . 3 Iv-P-I!:th Elevation I J:= 1-0' .---- . . ,,~1' I ---' +.- ~' @ I, ~ ~t(~+ . -'1- I I -I- 17. , i '. ", _ u,\..,z.. -tl .1- . .!"" ....r.~ : . ' '. . : I . .." ....[1]..' \<:". . . _f j . . '. .'1 . . .1 J f:J .u I II ~t I I 1--- r- - J I I I - -1- -.- o c-\.il- '^-z- ~. f Qf'I.. 1"1 - __. I --- -+-- 1/20/2006 R ed Butte Special R . eVlew . @ . ;L , , , . (f"\'>: v7 I' I .1 t I I I L--- I I .j 'I I I I I -4 - (:;) q; _ "_\",--1'-:1- /'/ . .... rCQ_11 [~i L~J ~: i I I .it~-;'_I''-r " . ....';. o :JrJ r. "J __ _ (....~..~'I- ~'.0,..... tJ ___ ,::,pl.,f-- ~'Z- .J" ~\...-........--.. I l L i I . ~ ~t66Vle'" W ;;:;!levotiOn i----- I I I _ _ _ _ _ _ L _ _ _ -- + -------- G) : (--, ,<' j I , -J,.o:.. .:;".,.. ~ ;r'K t.: \; I I , J;~i Ii .-..-: , II , .", ,; o " \ . , I ,.t -, , " .-J ;. <Z' , ~~._.- \ I " 1 I I . I . I:>f1. ~-------- I /"-, I 114 \ West Elevo1ion ~/lIt';:I-G' --------- 18. ., _,:.-k-"~ I; ____L..:F'.1J~- l ki~-- ;;:\M(~ i( I :i !! _ _.~ :r.-f-l,1'2- k.:/: I I I I ~l:?tA~e -+ 1/19/2006 Red Butte Special Review . <!""......, '-" - MATA DESIGN COMPANY .. i i ~ \""l~\~'" rlM.. ~s... ~r. .. ...::. -; 1M , . . I I I I I .. I ~-- , .. ill II- . . r'- ~$. . -:!. .:.. --... ---- ------ ----.--"" ...... 19. o I ", f"{. Building Section 1/19/2006 Red Butte Special Review o ~ ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BYSECTlON 26.304.060 (E), ASPEN LAND USE CODE ADDU!>!> OF PROPERTY: \l\L.{~ ~J. ~-:.t--k t'0-~ve. , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 0'-\-0'-( ,200J.:>.. STATE OF COLORADO ) ) ss. County of Pitkin ) I, lI'A~it'^ Mil-.\;" I ['J\(.J."",- Oe'j. j r'\ [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 the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. ~ Posting of notice: By posting of notice, which form was 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 .8:. day of ~. , 2004' 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 all owners of 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) c ~ 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 shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. s;~ Tbe foregoin~ "Affidavit of Notice" was aCkno~edge~before me this ~~ . of (\ ~(\ \ , 200.b, by -Mn(" 'II (?~IJS mfCIC\ i.~::::~i:~:'.~. ::'. ,r. . - "- (' ~ \ I , '., \.. \", " :'-~" ';~"'.,~', ., - .', ~" ATTACHMENTS: COPY OF THE PUBLICATION ~ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) 41 LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL c ~ 1445 Red Butte Drive Hamlet Residence Special Review r- \.....- ~ ASPEN VALLEY LAND TRUST PO BOX 940 ASPEN, CO 81612 AUSTIN ASPEN TRUST 39.47% 3055 CRABAPPLE RD GOLDEN, CO 80401 BELLOCK CHUCK 2500 ARAPAHOE AVE #220 BOULDER, CO 80302 BRINT STEPHEN F 34 NASSAU DR METAIRIE, LA 70005-4463 BROWN MARK 3515 S OCEAN BLVD HIGHLAND BEACH, FL 33487-3301 DIAMOND SARAH PO BOX 4627 ASPEN, CO 81612 FISCHER ROLAND B & GERTRUDE B 12035 APPLEWOOD KNOLLS DR LAKEWOOD, CO 80215 FISHER ROBIN 20% 3250 MARY ST MIAMI, FL 33133 FORTIER TIMOTHY J & LISA A 1465 RED BUTTE DR ASPEN, CO 81611 HEYMAN RALPH E TRSTE 10 COURT HOUSE PLAZA SW SUITE 1100 DAYRON,OH 45401 KELLER ANNETTE S 59.8485% 1430 RED BUTTE DR ASPEN, CO 81611 LEFTON DONALD E 60% INT 3250 MARY ST MIAMI, FL 33133 MORRISON MADELEINE 2500 ARAPAHOE AVE #200 BOULDER, CO 80302 OGILVY JEANETTE 500 E PUTNAM AVE COS COB. CT 06807-2520 PROPERTY MANAGEMENT LLC PO BOX 241 SNOWMASS, CO 81654 TABATCHNICK LON 20% 3250 MARY ST MIAMI, FL 33133 TRANSIERRA CORPORATION C/O ROBERT E PATTERSON 600 HANSEN WAY PALO ALTO, CA 94304-1043 TRIPPLEHORN FAMILY PARTNERSHIP PO BOX 100279 FTWORTH, TX 76185 \ '-\.'-\s- M. \L~k I A-s 0e/'-. l~~e,-+ ~~Ce. ~. ~v~, - - AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: j liLt.!) R d 6lA If...e... , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 4/ If lop ,200_ t t STATE OF COLORADO ) ) ss. County of Pitldn ) I, ~ w.e..S 1..----1 tt/lrJ I-- (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ~ublicatio~\of~o~i~e:" By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. ~ Posting of notice: By posting of notice, which form was obtained f~ the Community Development Department, which was made of suitable, J 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 _ 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 describtl(i in Section 26.304.060(E)(2) ofthe Aspen Land Use Code. At least fifteen (Is") days prior to the public hearing, notice was hand delivered or mailed by first clast postage prepaid U.S. mail to all owners of 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 ofthis Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other 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 shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. The foregoinjS "Affidavit of Notice" was ac of /VIaVth , 200~ by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: ~ /"J-G I o-~ A'1 h1"L _ {} ~ o VY-N~ Notary Public '\ ~LlCNOTlCE RE: 1415 RED Bt.: DRIVE. SPEGAL REVIEW NOTICE IS EREBY GIVEN that a public hearIng will be h don Tuesrlay, April 4, 2006. at a rneetlllgto be n at 4:30 p.m, belore the Aspen Planning and ZoningCOllllnission, Sisters City Room. City Hall. 130S. Galena St., Aspen, to con- sider an application submitted hy 144S Red Butte LLC 1445 Red Buue Drive, As- pen, (OKI612. which isthe owner of the subject property. The applicant requests Special Review approval to be granted a variance in lheaccesso- rydweJling unit and carriage hOl.lse design stand- ards 10 allow part of the accessory dwelling unit to be located below grade. The properly is JegaJly described as Lot 12A, Quillen Subdivision, a re- subdivision of Lots 11 and 12, Block I, Red Butte Subdivision, according to the pIal recorded April 18,1986inplatbookI8atp<lge64andcolTImonly known as 1445 Red RutteDrive, ATTACHMENTS: For further information, contact Jennifer Phdan at the City of Aspen Community Devdopment De- partment'130s_~naSt.'Aspen'CO'(970) 429,2759,jennifep@c',aspen.co.us, PY OF THE PUBLICATION IS/Jasmine Tygre,Chair Aspen PI 'ningandZoningCommission i~,b~~~~~3~~~~e pen Times Weekly on March_rJ OF THE POSTED NOTICE (SIGN) ~-~ " \' \; \: / -', . .'-.. ~~~.- M~ ~'/Imr;>;;::;i()n L:~irE3 OS/~...i2,:==' LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL -...-.....1....- ,'" - Page I of 3 -"...'...... .- Jennifer Phelan From: Martin Mata [matadesign@comcast.net] Sent: Thursday, March 23, 2006 2:21 PM To: Jennifer Phelan Subject: RE: Last clarifications Jennifer.. . 906 Ground floor net not including stairs and exterior wall 1200 Allowable per code 294 Available 850 s.t. Basement net not including stairs and exterior wall, including a potion of closet under stairs 556 amount over allowable requested in application 1756 net size of unit with full basement... 906 upstairs, 850 in basement. These floor areas are based on actual construction documents for the basement which have been prepared by the owner in anticipation of the variance request being approved. Please note the importance of the physical parameter in item #2 in the application. It is much more practical to build and waterproof a basement under the entire structure because of the high ground water condition. The floor slab for this basement structure has been engineered to be 42" to 48" thick concrete. Without getting too technical, you can appreciate the extreme difficulty in stepping this type of slab to create a partial basement in a structure that is this small. This high ground water condition is driving the overall size of the basement. 3/23/2006 ~._,-~.._~_..,_.--,--"'""-I--." Page 2 of3 ,-<",Y' Let me know if there are any further questions. Martin Mata Mata Design Company 508 Lake Court Basalt, CO 81621 970 927 1092 tel 970 927 1093 fax -----Original Message----- From: Jennifer Phelan [mailto:jennifep@ci.aspen.co.us] Sent: Thursday, March 23, 2006 1:38 PM To: Martin Mata Subject: Last clarifications Martin - I can't review the plans you submitted at the moment because we have contracted outside help with plan review and the person took them home to review. I just want to be clear in how I am reading your site plan. Presently, you are stating that the ground floor net is 913.3 SF and that the net basement square footage is what? My calculation is about 756 SF not including the stairwell for the basement. So the total net that you are asking for is what number? My math is at 1,669 SF. This is a pretty large basement and I will be running the request by Staff for a recommendation. Jennifer Phelan, Senior Long Range Planner Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 3/23/2006 ,. . _~_<..__~__~.~1.,.,. PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com 3/23/2006 ......, Page 3 of3 .... ./ "'-" Page I of2 - ....... .......'~ - Jennifer Phelan From: Martin Mata [matadesign@comcasl.net] Sent: Tuesday, February 07, 2006 9:03 PM To: Jennifer Phelan Subject: 1445 Red Butte Jennifer, Please add the following to our Special Review application. 26.520.080.0 Special Review... (responses in btue it"tic) 1. The proposed ADU or Carriage House is designed in a manner which promotes the purpose of the ADU and Carriage House program (The additional space makes the unit more livable and more appealing to a wider range oj"potential employees and does so without adding to the visible mass. ). promotes the purpose of the zone district in which it is proposed (the proposed ADU is a customwy accessory use allowed in the R-30 zone District), and promotes the unit's general livability (the general livability is enhanced by 11 Basement space would locate storage out oj"the prime living area as well as provide a greater overall quantity and quality oj"storage fiJr the occupant and 2 j The proposed 'living' uses located in the basement space would be uses commonlyfiJund in below-grade spaces such asfami(v/ media room. exercise area, office areafiJr the management oj"the property, laundty room. etc. The primary living areas such as bedrooms, living room, kitchen, bathrooms are located entirely above grade. Additional bedrooms may not be created in the basement area because bedroom egress requirements can not be metfi)}' the proposed structure. 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 ofthe property. (The unit is designed by the same designer as the main house and is designed to be a smaller version oj"the main house. The location on the property is asfar away as possihlefiJrm the main house and is visually shielded by mature trees on the property.) 3. The proposed ADU or Carriage House is designed in a manner which is compatible with or enhances the character ofthe 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. (The proposed unit is oj"a residential character smaller in scale to most buildings in the neighborhood and not in any designated view planes. Oft:street parking is more than requiredfiJr the property even after the addition oj"this unit. The roaring Fork River, a RFTA bus stop and the Rio Grande and Cemetery Lane pedestrian/ bike trails 2/8/2006 r .. , are all less than a 5 minute walk(rom the proposed unit. Thank you, please let me know if you need anything further. Martin Mata Mata Design Company 508 Lake Court Basalt, CO 81621 970 927 1092 tel 970 927 1093 fax 2/8/2006 .' "" Page 2 of2 ,-<-.,Ii' -. ..-. ---- MATA DESIGN COMPANY 508 Lake Courl, Basalt, CO 81621 t970-927-1092 1927-1093 maladesign@comcast.net Thursday, January 19, 2006 James Lindt City Of Aspen Planning Department Re: Special Review to Vary ADU Design Standards Parcel 10 # 273501330002 Applicant: 1445 Red Butte, LLCII Ken and Carolyn Hamlet 1445 Red Butte Drive Aspen, CO 81611 Representative: Martin Mata, Mata Design Company James, The applicants, Ken and Carolyn Hamlet through 1445 Red Butte, LLC are requesting a special review to vary the ADU design standards so as to include a basement in a proposed ADU. The applicant is requesting to vary from three sections within 26.520 Accessory Dwelling Units: 1. 26.520.050 (1) "a carriage house must contain between 800 and 1,200 net livable square feet" 2. 26.520.050 (4) "The finished floor height(s) shall be entirely above the natural or finished grade, whichever is higher, on all sides of the structure." 3. 26.520.060 (B) Net Livable Square Footage "ADU's and carriage houses must contain certain net livable floor area, unless varied through a land use review." 1. The code and housing office are not entirely consistent in differentiating between 'ADU' and 'Carriage house'. In discussion with staff it was decided that this structure was to be called an ADU for permitting and deed restriction purposes. However, in this particular section of the code the proposed structure is referred to as a 'carriage house'. Throughout this special review application we will continue to refer to the structure as an 'ADU'. The applicants purchased this property in June of 2004 and have made Aspen their permanent residence. The applicants plan to construct an ADU (carriage house) and have submitted a building permit application (permit #0218.2005.ARBK). The present design contains 1039 gross s. f. of floor area as measured for floor area calculation purposes. Section 26.520 (1) allows "up to 1,200 s.f. of net livable floor area and changes to that requirement through a land-use (special) review". The floor area still available to the ADU could yield a small basement space of 286 s.f. However, the applicants would like to provide a full basement under the structure for the following reasons... 1. A basement under the unit would allow an overall improvement to the livability of the dwelling in the following manner... a. Basement space would locate storage out of the prime living area as well as provide a greater overall quantity and quality of storage for the occupants. b. The proposed 'living' uses located in the basement space would be uses commonly found in below-grade spaces such as familyl media room, exercise area, office area for the management of the property, laundry room, etc. The primary living areas such as bedrooms, living room, kitchen, bathrooms are located entirely above grade. Additional bedrooms may not be created in the basement area because bedroom egress requirements can not be met for the proposed structure. 1/20/2006 Red Bulle Special Review p.1 -, ,..,... '-' '-" CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY James Lindt 429-2763 DATE: 119/06 1445 Red Butte Drive Martin Mata Hamlet Residence Special Review to Vary ADU Design Standards The Applicant would like to include a basement in their ADU, which requires special review approval to vary the ADU design standards that are set forth in Land Use Code Section 26.520, ADUs. PLANNER: PROJECT: REPRESENTA TNE: OWNER: TYPE OF APPLICATION: DESCRIPTION: Land Use Code Section(s) 26.304 Common Development Review Procedures 26.520 Accessory Dwelling Units Review by: Staff for review of completeness and recommendation on special review request, Planning and Zoning Commission for final determination on special review, Yes, Housing, $1320 Deposit ($ J 340 for 6 hrs of staff time. Any Planner time spent over the 6 hours will be billed at $220.00 per hour.) $190 (Housing) $1,510.00 Public Hearing: Referral Agencies: Planning Fees: Referral Agency Fees: Total Deposit: 3 To apply, submit the following information: 1. :~ ~& (f) -(j) _ 8. -f22 -w -@ dV 13. Deposit for Review. Completed Land Use Application. Proof of ownership Signed fee agreement 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. 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 ofthe 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. An 8 1/2" by II" vicinity map locating the parcel within the City of Aspen. Site Improvement Survey. Proposed Floor Plans. Proposed Elevation Drawings. 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. Additional materials as required by the specific review. Please refer to the application packet for specific submittal requirements or to the code sections noted above. !!!..Copies ofthe complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = Ilea.; Planning Staff= I 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. VII' \Jr~N WRETT PAlO _ DATE REI' I \ ~lf!JIII )rfJf/! CllY OF ASl'EN IiRETT r ) ,."" ~~if 1; zO~f. 3 r;.oo Flied for record the Reception No. doy of ,A.D. ." o'clock ... BV RECOROER DEPUTY. WARRANTY DEED THIS DEED. Made on this dey of Mav 10. 2:004 ItJUTH CARLSON AIm VIC'l'ORU CARLSON . between of the County of and State of 1445 ItE) BUTT., LLC. A COLORADO L:IIUTIm L:rABILITY COMPANY , of the a...ntor(s), .nd ,""ose leg.l ~e.. i. : P.O. BOX 7135 7 98 VIA JIOHALD of the Comty of ..... Stolte of SANTA r. CA '2067 of the Gnntee(s}: WITNESS, lhllt the Grentor(s), for llfId in consideration of the ... of ( $10.00 ) TEN DOLLARS AND DTHER GOOD AND VALUABLE CDNSIDERATION----------__________ DOLLARS the receipt end sufficiency of llIIieh is hereby acknowledged, k.. grlll"lted, bIIrga1ned, Rid 8f1d conveyed, and by theae presents dbH gr...t, bargain, UIl, conwy end confi,.. unto the Grantee(s), his hefn and ...igns forever, all the real property, together lIith IlIIprovelllentl, if 1f1'I. shUlte, lying and tieing in the Comtyof PlUm and State of Color.do, described .. foHOWlI: LOT 12A, QUILLD SUBDZVISIOH, A USUBDIVISIOH or LOTS 11 AND 12, BLOCk 1, RBD BU'1"1'B SUBDIVISION, ACCORDING TO TBB PLAT UCORDao APRIL 18, 1986 Df Pl.AT lOOX 18 AT PAGJ: 64. COUNTY OF PITKIN STATB or COLORADO also knoNtt as street IUlbtr 1445 RED BtrrrB DRZVI:, ASPD, CO 81611 TOGETHER Mittl a( I and singular and Iteredlt8lll!nts end appurtenanen tttereto belonging, or In anywise appertaining and the reversion and rewrsior., r'elIIlmer and rellllinders. rents, issues and profits thereof; and eU the estate, right title Interest, clallll.-d d8IIrend .atsOS'Vft' of the Grsntor(s), either in law or ~Ity. of, In and to tlte above bargafned prelllses, with the heredtt8lllents end sppurtenances; TO IIAVE AND TO HOLD the said preIIises above bargained and described with appurtenances, lrIto the Grsntse(s), his heirs and assigns fo,-.yer. The Grentor(s), for hi_elf, his heirs and persOhllI reprenntlltiws, does covenant, grant, bargain. end agree to and with the Gnntee(s), his helre and aSSigns, thet at the ti. of the ~..ting and ct.llvery of thsse presents, he Is well seIzed of the prellltses IIbove conveyed, h.. goad, sure. perfect, ..olut. end Indef.asibla estate of Imerltanc:e, in taw, In fee a'''Ple, and has good right, full powrI!r 8h:l l..fut authority to grant, _l1IIaln. un end convey the SMle In --.ner IlI'Id forsl.. aforessld, end that the .~ are free and clear fr.. all forwer and other grants, brirgalns, .elll', liens. talles, a....--.ta, encUllbr8nCes and rllfltrictl.". of ..tever Idrd or nature sOltYer, UCIl'T QBlQ:RAL TAUS AND ASSBSSDIITS POR TRB TaR 2004 AND SUBBBQUDT 1'BAJtB. AND IIICII.T TROSB JlATTBRS AS Sin' roam ON malIBIT -A- ATTACRBD DUTO AIm IIICOIlPORATBD IlllUIN 4 The Grsntor(l) Ihe~l and wHI WARUNT AND fOREVER DEfEND the above bargained pr_ts.. In the quiet and peaceable poslesslon of the Grantee(s), his heirs am assigns. agetnet aU end every person or persons l.fully c:t.i.ing the tlho\e or any p.rt th.reof. The singular fUlber shaH include the plural, ard tlte plural the atr-.gular. ard the use of .-.y gender shall be spplleeble to ell genders. IN WrrNESS WHEREO," the Grantor(s) hss Ufl:uted this deed on the date set forth above. STATE OF COLORADO By //_.~- K~" 7 I' I j ! I , By: I, VI R CtU1ty of 'rnIH ) hs. l lllllm"111 ~~ :"1" R 11... D _.M The foregoing Instruaent WIIS acknowledged before _ on this clay of llav 10. 2004 by DIm CARLSON AND VIC'l'ORZA CARLSON My c..-hslon expire. "it,,"s Sly hand and official seal. Garf,.tJ 0/ II."J,/j+- 6D1{e1l""" lie As-, . r ~<, II "7 J.. .' c;I"y N_ and Address of P son C EscroWll! Cl385314 Tittel Q3B5'14 Fn~ '" n1/n:/n, un......... ............. ..___ ._> =3oPCIJ4lATlOllIlECCI'/&D 16/18/2114 ........ ,-. ........ ,.. '\ '""" EXIIIDIT A I~I("IT OF "ROPRIF.TOR ()F ^ Vr:tN OR I.Olm TO r!XTIM('T ANI> RrMovE IllS ORE TIIEREFROM SII01II.1> TilE SAME HE FOUND TO f'r.NJ:TRATE OR INTERsrCT THE 1"IU!MISES AS RP~C;ERVEf) IN UNITED STATE..'" I'ATENT RE(1)RDlm AI/OUST 1(1, IKR9. IN nOOK 55 AT I'AGE 5. Rl1.'\TRICTIVE COVENANTS. WIIIl'IIIJO NOT CONTAIN ^ H)RFF.ITI.lRB OR ReVBRTeR CL^"SE. ^S mNT^INED IN INSTRUMENT REmRDED SEPTEMBER 23. 1960. IN nOOK 191 AT 1'^GE~98 ANI> AS AMHNfJEHJ IN IN~RUMENT RflCURUBI>JlINBZI. 197q IN nOOK 311 AT rAGE 116 ANn AS AMENDEIl IN INSTRUM~NT RIKXJRoeD ^UGIIST I~. 19RU IN BOOK 39) ^r I'MlE 21') ^ND ^S ^MENDED IN INSTRUMBNT Im('ORDEI> AUGUST 15. 1QRO. IN nOOK 3IJ.l AT PAnE 202. AND IN nOOK ,(12 AT I'AOI~ (,39 ANI> AS AMeNDeu IN INSTRllMENT REOlR[)ED IN ROOK 505 AT rAGE .161'1 ANU AS AMENDED IN INSTRUMENT RECORDED IN BOOK 505 AT l'AGE961 AND AS AMENueu IN INSTRUMENT RECOROF.fJ IN ROOK 507 AT PACiE594. EASEMENTS. RIGHTS OP WA Y AND OTHER MATTERS AS SET PORTIl ON Tim PLAT OF Rm, RllTTE SllBDIVISION, nLOCK I. REtllRDED IN PLAT 1lO0K 2 A r PAGE 259. AND IN Pl.AT RECORDED APRIL 18. 1986 IN PLAT nOOK 18 AT rAGB 64 UNDER RECEI'rION NO. 277357. TERMS. AGREEMENTS, PROVISIONS. (llNOITIONS ANI) OBLIGATIONS OF STATHMENT OP EXCEPTIONS AND PUI.L SllnnlVISION f"RO(l1.c.;.C;; RECOROED APRIL IR. 19R6 IN ROOK :'i09 AT '"A(ir 248 AS RECEPTiON NO. 277.'Yi. 5 TERMS, A<1REEMENTS. "ROVISIONS. CONDITIONS AND OnUGATIONS or I.>ECLAR^TION OF l-UVENANTS POR THP. QUILLEN SUOOIVISION RECORDED APIDL 18. 1986 IN noOK 5U9 ^T I'^GE 2~U ^S RECEPTION NO. 277J~6. Tl'RMS. M;R~EMENrs, PROVISIONS, CONDlrIONS^NI) OnLlG^TIONS OF E^SEMENT. REG^RDlNG TIlE W^TER WEl.l. AND PIPELINE. RECORDED FEBRUARY 6. 1992 IN nOOK <\68 ^T P^GE R26 ^S RECEPTION NO. 341 )79 AND EASEMBNT REnJROED FEBRUARY 6. 1992 IN .nooK (>68 ^ r I'^GE 8.10 UNDER RECEPTION NO. .141.180. E^SI'MFNTS. RllillTSOF W^Y ^Nll ^1.I.(lTllER M^TTERS ^SSIIOWN ON TilE IMPROVEMENT SURVEY BY SCIIMlllJSER (~IRDON MEYER IMTED AUGUsr 23, 2001 AS JORNO. 9<J14~R. 1II1IIIIIIII =~ :.,... SILVIA DflNI& PlnlIN c:GUfTY co R n.1I D 311.11 .._-_.._-.,_.~~,..,..."...I.,- c o Land Title Guarantee Company Date: 1uly 26, 2004 1445 RED BUTTE, LLC A COLORADO UMITED LIABIlITY COMPANY C/O GARFIELD &: HECHT 601 E. HYMAN AVENUE ASPEN, CO 81611 CHRIS Enclosed pi.... find the title insurance policy for your property located at 1445 RED BUTTE DRIVE ASPEN CO 81611 The fonowing endorsements arc included in this policy: Deletion of StaDdard Exception(s) 6 Pl.... review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions reganling your final title policy, you may contact Title Department Phone: 970-925-1678 Fax: 970-925-6243 Please refer to our Order No. 0385314 Should you decide to se11 the property described in this policy, or if you are required to purchase a new title commitmeDt for mortgage pwpo.... you may be entitled to a credit lOWanI future title insurance premiums. Land Title Guarantee Company will retain a copy of this policy so we will be able to provide future products and services to you quickly and efficiently. Thank you for giving us the opportunity to serve you. Sincerely, Land Title Guarantee Company ,...I~,~ ,......, v r- Hey No. LTF1385314 Form AO/ORT Our Order No. Q385314 Schedule A Amount $3,900,000.00 Property Address: 1445 RED BUTTE DRNE ASPEN CO 81611 I. PoIiey Date: June 18, 2004 at 5:00 P.M. 2. Name of lDsured: 1445 RED BUTTE, LLC A COWRADO LIMITED UABILITY COMPANY 3. The estate or interest in the \and descn"bed or referred to in this Schedule and wblch is covered by this poUey is: A Fee Simple 4. Title to the estate or interest covered by this poIlcy at the date bermf is vested in: 7. 1445 RED BUTTE, LLC A COWRADO LIMITED UABiLlTY COMPANY 5. The \and referred to in this policy is doscribed as follows: WT 12A, QUILLEN SUBDIVISION, A RESUBDIVISION OF WTS 11 AND 12, BLOCK I, RED BUTTE SUBDIVISION, ACCORDING TO THE PLAT RECORDED APRIL 18, 1986 IN PLAT BOOK 18 AT PAGE 64. COUNTY OF PITKIN STATE OF COWRADO 1bis PoIiey valid only if Schedule B is attached. Land Title Guarantee Company Representing Old RepublIc National Title Insurance Company c ~ . No. LTFI385314 FonD AOJORT Our Order No. Q385314 SclJedule B This policy does not insure against loss or damage by reason of the following: I. Rights or claims of panies in possession Dot shown by the public records. 2. Easements, or claitna of easements, not shown by the public records. 3. Discrepancies, contlicts in boundary lines, shONge in ate&, encroacbments, and any facts which a correct survey and inspection of the ptetnises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or materia1 theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. TAXES FOR 2004 AND SUBSEQUENT YEARS ONLY, NOT YET DUE AND PAYABLE. 6. DEED OF TRUST DATED MAY 07,2004, FROM 1445 RED BUTIE, LLC A COLORADO LIMITED UABILITY COMPANY TO THE PUBliC TRUSTEE OF PITKIN COUNTY FOR THE USE OF NORTHERN TRUST BANK OF CALIFORNIA. N .A. TO SECURE THE SUM OF $2,925,000.00 RECORDED JUNE 18, 2004, UNDER RECEPTION NO. 498836. 7. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACf AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 16, 1889, IN BOOK 55 AT PAGE 5. 8. 8. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED SEPTEMBER 23, 1960, IN BOOK 191 AT PAGE 598 AND AS AMENDED IN INSTRUMENT RECORDED JUNE 21, 1979 IN BOOK 371 AT PAGE 116 AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 15, 1980 IN BOOK 393 AT PAGE 200 AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 15, 1980, IN BOOK 393 AT PAGE 202, AND IN BOOK 412 AT PAGE 639 AND AS AMENDED IN INSTRUMENT RECORDED IN BOOK S05 AT PAGE 360 AND AS AMENDED IN INSTRUMENT RECORDED IN BOOK 505 AT PAGE 967 AND AS AMENDED IN INSTRUMENT RECORDED IN BOOK S07 AT PAGE 594. 9. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF RED BUTIE SUBDNISION, BLOCK 1, RECORDED IN PLAT BOOK 2 AT PAGE 259, AND IN PLAT RECORDED APRIL 18, 1986 IN PLAT BOOK 18 AT PAGE 64 UNDER RECEPTION NO. 277357. 10. TERMS, AGREEMENTS, PROVISIONS, CONDmONS AND OBliGATIONS OF STATEMENT OF EXCEPTIONS AND FULL SUBDMSION PROCESS RECORDED APRIL 18, 1986 IN BOOK 509 AT PAGE 248 AS RECEPTION NO. 277355. ~I-- o - No. LTFD8S314 Form AO/ORT Our Order No. Q385314 Schedule B 11. TERMS, AGREEMENTS, PROVISIONS, CONDmONS AND OBliGATIONS OF DECLARATION OF COVENANTS FOR THE QUILLEN SUBDMSION RECORDED APRIL 18, 1986 IN BOOK 509 AT PAGE 2SO AS RECEPTION NO. 277356. 12. TERMS, AGREEMENTS, PROVISIONS, CONDmONS AND OBliGATIONS OF EASEMENT, REGARDING THE WATER WELL AND PIPELINE, RECORDED FEBRUARY 6, 1992 IN BOOK 668 AT PAGE 826 AS RECEPTION NO. 341379 AND EASEMENT RECORDED FEBRUARY 6, 1992 IN BOOK 668 AT PAGE 830 UNDER RECEPTION NO. 341380. 13. TERMS, CONDmONS AND PROVISIONS OF CONTRACT TO BUY AND SEll REAL ESTATE RECORDED MARCH 12, 2004 AT RECEPTION NO. 495408. 14. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MAtTERS AS SHOWN ON THE IMPROVEMENT SURVEY BY SCHMUESER GORDON MEYER DATED AUGUST 23, 2001 AS JOB NO. 99145B. ITEM NOS. I THROUGH 3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED. 9. ITEM NO.4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY liENS RESULTING FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF KEITH CARLSON AND VICTORIA CARLSON. OLD REPUBliC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY liENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF 1445 RED BUTTE, LLC A COLORADO LIMITED LIABILITY COMPANY. ,...' \. ~ --.,I ATTACHMENT 2 -LAND USE APPLlCA nON ApPLICANT: Name: Location: (S1.l,-ne; REPRESENTATIVE: Name: Address: Phone #: fV\" Co-vt -\- oC{.'7.- PROJECT: Name: Address: Phone #: TYPE OF APPLICATION: (please check all that apply): 'aloe '^-c e.- eu-...+' D Conditional Use D Conceptual PUD D Conceptual Historic Devt. KI Special Review D Final PUD (& PUD Amendment) D Final Historic Development D Design Review Appeal D Conceptual SPA D Minor Historic Devt. D GMQS Allotment D Final SPA (& SPA Amendment) D Historic Demolition D GMQS Exemption D Subdivision D Historic Designation D ESA - 8040 Greenline, Stream D Subdivision Exemption (includes D Small Lodge Conversion! Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane D Lot Split D Temporary Use D Other: D Lot Line Adiustment D TextfMan Amendment 11. EXISTING CONDmoNS: ~!j\<2. . , uses, modifications, etc. rrop,,~e -\u ~lu J-e... b"'5eMe",,\- W\ }...f;JU Have you attached the following? FEES DUE: $ \, '5"\0. ~ [21 Pre-Application Conference Summary ~ Attachment #1, Signed Fee Agreement IZJ Response to Attachment #3, Dimensional Requirements Form I2J Response to Attachment #4, Submittal Requirements-Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of aU written text (Microsoft Word Format) must be submitted as part of the application. ~AIN FOR PERJWlEN'T RECORD -_.-~---~I"--~ 1"'"\ ......... ...... -....I CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT A2I"eement for Pavment of Citv of Asoen Develooment Aoolication Fees CITY OF ASPEN (hereinafter CITY) and ,'d. Ci ~ l$u-t+e. ,LLc... II 1Ce.A~ (N"a('i!i\ ~l-e.--+ (hereinafter APPLICANT) AGREE AS FOLLOWS: I. (hereinafter, 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings andlor approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission andlor City Council to enable the Planning Commission andlor City Council to make legally required fmdings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of ap~lication completeness, APPLICANT shall pay an initial deposit in the amountof$ \/,ID....whichisfor -\-~A hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLIC NT 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 $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. 12, CITY OF ASPEN APPLICANT By: By:JM .U'4~ ~-hr-O~~tr'- {.e 0(-( ~'o0 Chris Bendon Community Development Director Date: Mailing Address: t?2!f/ ~ C6IX-+ DAS"-~+ CO g, l(o Ll g:\supportlformslagrpayas.doc 1110/01 RETAIN FOR PERMANENT ~CORD r .....</ ........"' .......... Wednesday, January 11, 2006 Jsmes lindt City Of Aspen Planning Department Re: Special Review to Vary ADU Design Standards Parcel ID # 273501330002 Applicant: 1445 Red Butte LLC Ken and Carolyn Hamlet ?'-{<1. ~"l'J:~1 1445 Red Butte Drive Aspen, CO 81611 Representative: Martin Mata, Mata Design Company q 1.... .(",,! '1.--- James, By means of this letter we authorize Martin Mata of Mata Design Company to represent our interests in the above mentioned land use application. Thank you, 10. Ken Hamlet o VICINITY MAP Hamlet Residence 1445 Red Butte Drive, Aspen 1445 Red Butte Drive o I I 0 I <) I I t::::::; I 13. I o ~C0C1 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM 'g c:LSeM.e~I\+--- ~^ CNol O~Ne. hqP-V\. r '-..... \e~ 1'-\'-\ 1,\'-(5" {Z-- :> c) j:y)0 L-L.c. - -- e tJeV\.c.e eel Bu-t-l:-e. (Judo &.\--k '31. ~5?t\J 3[. "';S~ (for the purposes of calculating Floo Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Project: Applicant: Location: Zone District: Lot Size: Lot Area: Commercial net leasable: Number of residential units: Number of bedrooms: le.k- Existing: -- Existing:} Existing: ~ Proposed: Proposed: Proposed: Proposed % of demolition (Historic properties only): ---- DIMENSIONS: Floor Area: Principal bldg. height: Access. bldg. height: On-Site parking: % Site coverage: % Open Space: Front Setback: Rear Se~:c~: Combined FIR: &,ot...-th . Side Setback: Existing: LI'-\Il. '2- Allowable: ';'>05. 3- \()f"f. .., f.... Existing: "I Allowable: <-'5 Existing: _______ Allowable: 2.'5-f"1' Existing: 'b Required: ~ Existing: --- Required: Existing: ---- Required: Existing: Required: Existing: 'i~ 11". Required: Existing: Required: ~/( tl r" Existing: 7U' - 'b Required: 10 ' '5 f"f. Proposed: Proposed: Proposed: Proposed: Proposed: Proposed: Proposed: Proposed: Proposed: :\. ADu I\e..u) '2.. \VI Ailu ~e.w) 10'?1"\ (Mil) -- 14. \ l& I'"'" . 'Z.e,,? 1-".",-1- iM..; I iQl''t". Side Setback: Existing: Combined Sides: Existing: Distance Between Existing Buildings Required: Required: - Required: I ':l. i"'1". Proposed: - , Proposed: Proposed: \ Dr'" Proposed:J2.3! 1" . . ~ ---- Existing non-conformities or encroachments:--0l> ~ ~ Variations requested: _~O 0,/ MEI-lSw,uAL- \l AA.\l\iloN S k~--c,Te..D. \--~~~:JO'l" 57. <. .--",::: J..~..~:- .,';' ~ 1.1 ct. 61./0N -";:--_,72 '0 !7i ~..... ______--, -----~--::~----.--:..---------~,,~------ I \ - .f9/. -' , , " ~ '0 I ' ." ,,' / I()!g ....--11 \ --.GLiroJ -fJJ/ 1,,"'<9 o~ -------::.:._m~~_~ -I \ Ol . - _.:.::::::_.Ill_______________"'__~---- ~ I I I \ ' ,-- - ----I ~'I \ -\ ' - I' 0~\ '~ - 1\ VO\' I \ c;, %~ ,'J \ ;~\\' ,\'. " ;,' ."" ~ ' , ..---~ - 1( IIi ~ ~.'\ GJ". ._-..... Il\ I..i \ .:. -fG(fJ--_. "- -': . -\" " - - - i'>'.~tl"J ~. \ . ' . q ::"\._ ;SO'A , ~_ .... 'I'. 'b, .........W \'\";, \, C.: m ~, '-'.' ~ <. ',/~/~/~;.:.. .. ."tIt ,_~,. ~- '--'~~'''". .~ ~:.-/ '"'\ .., ,.~,. \--~,' ~ .--\~~~ "~);'" , .J"'~' . \,,~.~ ::~'..." I,) ~~~.j:=', \ ;"~. '"", I !j j'~...,-,'_~ '~ : <:~~~<'-.a/;. . r-r-- .~- . . ....-... '~'~""~""'i I'.;' '~;:_ '<~:::~~~2f. / . \~: "" .\ ,_~_~: -. - l:I ..... \ 1 \ I . _., ~ I .,.--- \...... 01 . I l' ~ 1 " _-..,..--- \ a\ I ~~' . ~ \..- \. \ , 0" 'I : ~ I " \'.' ~____~\ :- ~~ '~ \ ""'... __~ ~l\CIUM~, '>", . .. I'. ----- I ~ ~ ~ , ~ :ftit j- \_______ Existing Driveway ,;.~ /--j\--l. I "'I "':b'o ----- ,/ /"--..-J ~~: -"",--- '\~..~ .. >~~f" ------:.7..---~ 0/-'~ -...::~' "--.'t_e.., .--:;-::" ':---=-~-"-\ -/ I:' -=- -r-- . '.___h ~ \ '} \: .- -- ,... ...~-,:' xY ') I, 390 s~f. '. ~'.>~3~-.._~_ \ I:', ~~r-'--- I .... __ \. \ - ~ ti"- _ ~'\)'C.' t IV, v, <:>,' 'll !!-o:::::!/ II II .:;::- :; :.' ~ .;:. ~ - "-" '.':' .~ ..- -'.- - i: {~! I~';'~ ~:: pO --.-.-..1;,,---. " :. , II~ .-' '1 XI"'": , :l~ \I~ .. ., " \1 / " , I ~ ~5. !~ ~ .' t existing main house ~ I \ I \ -~ ~ -", ./ It ~. ,~ 01". ~ ~. -,. . ~. II ""'.. ".:. - ,. .- Proposed Site Plan Scale: 1"=30'.0" 1/19/2006 Red Butte Special Review ...j~-,,,,- ., ~ H~\.t. S"ltZ,'" . ~tL-~ 7iO~. c:.A.I"N\o'c.~ . *f-- L~(2.1 fJ(lT{ 1'311;> -r.-. _so ~\d')cl'2." 1 ~l..'1.~ ""..., J .--.- .. . Ilt\ MuL-r\ V<h2-e'lS6- . ......- ~ 1\ 111 .. (looK ;.... I,\"j( 'Z. 3'" I..... .ll--L ~IJ-3 f.......... ~/. "l"'~ .."",(.Jk. f Basemen 1 I -noN - --+ ....,.,... ~'-"') t Level fJ bf1' ~~ ~ ~~--(to~ 16. Ground Floor Level , t~~ I -g(2.M ~ .L \<{D\('l'J" -k~I\.c.e. LAOlt->bt-. I,,"}(n~ W6-t Jr1 4 1/19/2006 Red Butte Special Review I o ? At- J.. / J.- ~ , @ , t, _ ii-L...~ ~ ~_.. - ~!.~~~~ 'Il &1....... .' "'z-.__- :-> / / :0 , " 1i~1.'.' ~r-';:O~l " I . .... _"'''!'lA' ... ~~lf3'2' N . --- .~("t ty) . "",I....... ~i- = ~M'~~ ~~lk? - -.10=-"2.$ Sl-re;.~"'t\~ rJ: !LJ , , . ' I, , ," I", " , ''\!" .' ''\ ,I T 1 I I I \ I 0 L. _ i -'1 I f3\!~_uth Elev~1ion I~' 1-(1' ~f1' I - _:.. ~.- - - - - ~b"~+ . '--1 I I -I- 17. o @ , c..\....... -\l .i- r . . . ':'r~ ~ .. o ~\.{l- <I<-Z- ,,: '. .' '. ." . '.{ Egress well for proposed basement space I ~I I I 1--- I I -- t" - - - - 1- -.- , . . . . .:. . . . . '~. ,y df'l. ,I I -+- 1/20/2006 R ed Butte Special Re . view I, 0) G o I _ I.t.,L. \<1- ,/ ~ .1[--0] [ill] []l]] __ (~l~'1- '.J.:/ ------ ------- , , , . ~),I' .,. I I ,I ,j 1 'I I I I I I I I L----4 .,' "'... , , Q I I I , , I 1 I I ; ~,~. -+-------- ~'. o . wl-fC- 4'1. . ----- .Y @ ~'.. [Z,. " , , -' ~_.~ I I 1 1 i I .j; ~aSeM.et\ (J\ East Elevation r \j.) v.' = 1.(1' I : _ L _ __ 4 18. -.J..~..;"~. -- - l ....J-. -_.:-~ ___ ~uplEO I C:::IMtU+- , , \ J. T &A..+~ k.-:' I I I CDl'$'~~%l;Ll!\'o:tio_n_---~b(A.~e --------------- --+ 1/19/2006 Red Butte Special Review i i J.,.l.. \...l~\~6r 1M. ~s.. ~11i11l" ~IS. , . -; .. :~ ,=tie . , . I I I I I ... . ~_-l- > .. ill II- . _ r'- ~$. . -.:!. ':"--' -- ..-.--'" ....... 19. I o I "f"(. Building Section 1/19/2006 Red Butte Special Review - "".' ...- ",. '-' Ble I;;d' B.ecord Navigate FQrm R"POf"\s Format lab !:Ie.. >X ,!urnp I . ~ ~ , xl 21 !II ~:J = " . Aoutitlg !list"" I J;ondi(klns I Sub eermit, I Yaludlion , P",,", Comment I Cuslomer Re.auest I Main I ROJiing Stal", I A",WEtIg p.,ce!s I CUS'OO1 Fjeld, I Fe~ FeeS_ - T_I"'1u ...::JA'l'OriLandUse2004 Pem"" 100052006ASLU Addle.. 11445 RED BUTTE DR .J ""'lSuite' Cly iASPEN-~~-"""-- State/CO'-:J ZIP /816ir-'"~ pefinitTniOima6On ^ Master Permit r---~-'._--'"c,----, Attachments 1 Belions . Project D"""iptooIPAOPOSE TO INCLUDE BASEMENT IN ADU , I Submlted IMATADESIGN 927.1092 r Visible on lhe web? Routing Queue r;Mir----' Appled 101/25/2006 Sl4tus Approved !*Oed Final Clock !Running D.,.. ro E'""", )01/2012007 Permit 10: L... Neme 11445 RED BUTTELL!: .zJ F", Name IClO MATA DESIGN Phone )13701927"092 I ~:::::,~- "'"-r----Il~~c~f;,-~~----.------ Phone Cust # . !~, 1500 LAKE CT BASALT CO 81621 v > d PUBLlCNOllCE Of DEVELOPMENT APPROVAL Notlce is hereby given to the general public 01 the approval 01 a site specilic development plan, and the creat~Jn 01' a vested property right pursuant to the Land Use Code 01 the City 01 As- pen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the lollowing described property; Lot 12A, Quillen Subdivision, a resubdi- vision of Lots 11 and 12, Block 1, Red Butte SubdI- vision, according to the plat recorded April IB, 19B6in plat book 18 at page 64 and is more com- monly known as 1445 Red Butte Drive, by resolu- tionofthePlanningandZoningCommissionnum- bered 15,Series 01 2006 on April 4,2006. TheAp- plicant received approval 01 Special Review lor thedevelopmenlofacarriagehousethatvaries two 01 the design standards lor accessory dwell- ing units and carriage houses. For lurther information contact Jennlfer Phelan, at the City of Aspen Community Development Dept. 130 S. GaV'liI St, Aspen, Colorado (970) 920- 5090. s{CityolAspen Publlshed in the Aspen Times Weekly on Aprll 16.2006.(3617)