HomeMy WebLinkAboutLand Use Case.1445 Red Butte Dr.0005.2006.ASLU
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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)
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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
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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.
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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.
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Page 2 of5
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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.
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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
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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.
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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:
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PLANNING AND ZONING
COMMISSION:
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City Attorney
ATTEST:
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Page 4 of5
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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
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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
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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
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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
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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
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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
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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
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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
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~
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.
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0.008.
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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 (
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CITY OF ASPEN
HRETTr )
0All: REI' NO"-"
f1f7o{ JI)f ZOz.~!'.Df.
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Flied for record the
Reception No.
da,yof
,A.D.
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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 #:
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PROJECT:
Name:
Address:
Phone #:
TYPE OF APPLICATION: (please check aU that apply):
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~--\--.
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:
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1110/01
VICINITY MAP
Hamlet Residence 1445 Red Butte Drive, Aspen
1445 Red Butte Drive
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ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
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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):
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2. "" MlU ~ew)
Existing: '-\ '-\ \ \. 1- Allowable: '5 "io:;. ~
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Existing: "\ Allowable: ,-'S
Existing: ~ Allowable: 'Z.'3f<'
Existing: 'b Required: :?
Existing: --- Required:
Existing: ----- Required:
Existing: ~ Required:
Existing: 'i<{l''f'Required:
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Existing: - 0 Require:
Existing: ~ Required:
Existing: ..-- Required:
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Proposed:
Proposed: I T i''' .
Proposed:
Proposed:
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Existing
Existing non-conformities or encroachments:
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1/19/2006 Red Butte Special Review
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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\
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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/'-.
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-
-
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)
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LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
-...-.....1....-
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Page I of 3
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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
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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
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Page 3 of3
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Page I of2
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-
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
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Page 2 of2
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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
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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
........
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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
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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~,~
,......,
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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
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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.
,...'
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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
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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:
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1110/01
RETAIN FOR PERMANENT ~CORD
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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
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VICINITY MAP
Hamlet Residence 1445 Red Butte Drive, Aspen
1445 Red Butte Drive
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ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
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(for the purposes of calculating Floo Area, Lot Area may be reduced for areas
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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:
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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-
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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:
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Existing: 7U' - 'b Required: 10 '
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Proposed:
Proposed:
Proposed:
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Distance Between Existing
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Existing non-conformities or encroachments:--0l> ~ ~
Variations requested: _~O 0,/ MEI-lSw,uAL- \l AA.\l\iloN S k~--c,Te..D.
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Ble I;;d' B.ecord Navigate FQrm R"POf"\s Format lab !:Ie..
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, xl 21 !II
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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
,
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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
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Phone Cust # .
!~,
1500 LAKE CT
BASALT CO 81621
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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)