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HomeMy WebLinkAboutLand Use Case.1404 Crystal Lake Rd.A063-98 "......", ,..-. ~Jj'7 .~ .--. " ,~fu~~l~_]~,_ ':1 'Jh\ 'm_~ll~=---- '. ,-U\Jtl~" ~M, i .,",~",~4~ "~~"_,~,~, ~" l0\v-.J~ " L~ _.fYt ,," ~b ':i t :: ",c~_Q:lJ~k\ch~f,_ -!i~k;~~ . J)~~-k-1J~ , .Je-Jz,I'}~~, , ' : ;xc.,k 4/l/J'1ryi..,fe- , ; i " , i i I ',i~~""""_,,,_ ::_hJ.7k~~. ;! il ,:~4,~m.f{) "Tr~ ~/~ ~l~~ ;: ,',I ii ,.j; ,:i ----<j[". ii' ;"1 i ~ i .~....~.,."...._- I': .-_...., !!i HI 1:: i.: ," ...' iJi ,.1 _ . Jl),_ j'" iii iil ili i,:) ill ![I ')1 ~ ; , ,', n'f r-., ',--', -sfc. MEMORANDUM TO: Design Review Appeal Committee S""' Cl,"oo~ Co=mtity 'ii't"~"'t Dire,,,,, ~ Christopher Bendon, Plannerl:}AW) Denholm Residence, Lot #4 Callahan Subdivision -- Public Hearing Building Orientation Volume (Windows) THRU: FROM: RE: DATE: August 13, 1998 SUMMARY: The applicant, David Denholm, owner, is requesting a waiver oftwo Residential Design Standards concerning the volume standard, for windows within 9 to 12 feet of floor height, and for the orientation standard for a proposed single-family home to be constructed on a vacant lot near the Aspen Club. Waiving the window standard will allow the placement of these windows as proposed without a Floor Area penalty. Waiving the orientation standard will allow the building to be constructed as shown, not parallel to the street. The proposed ordinance revising the design standards may not be reviewed by City Council until Floor Area and possibly volume is addressed. Nonetheless, the proposed window standard affects more strictly windows on the front facade between the first and second levels. The orientation standard would remain essentially the same with the revisions. The Committee may waive the Residential Design Standards upon finding the proposal meets one of the variance criteria. Staff s response to these criteria are included in Staff Comments, below. Staff recommends granting the variance for orientation, with conditions, and denying the variance for volume. ApPLICANT: David Denholm. Represented by Baker Fallin Architects. LOCATION: Lot #4 Callahan Subdivision (near the Aspen Club). ZONING: Moderate Density Residential- Planned Unit Development (R-1S-PUD) 1 ,-., ,.-., REVIEW PROCEDURE: DRAC may grant ,relief from the Residential Design Standards at a public hearing if the variance is found to be: a) in greater compliance with the goals of the AACP; or, b) a more effective method of addressing standard in question; or, c) clearly necessary for reasons of fairness related to unusual site specific constraints. INFLECTION The applicant's proposed development is not in compliance with the following Residential Design Standard: Orientation The orientation of the principal mass of all buildings must'be parallel to the streets they face. On corner lots, both street-facingfacades of the principal mass must be parallel to the road On curvilinear streets, the principal mass of all buildings must be tangent to the midpCiint of the arc. In response to the review criteria for a DRAC variance, Staff makes the following findings: a) in greater compliance with the goals of the AACP; or, Staff Finding: The proposed variance is not in greater compliance with the goals of the Community Plan. b) a more effective method of addressing standard in question; or, Staff Finding: The subject street, Crystal Lake Road, is curvilinear. The proposed development is roughly parallel to the street.and has a significantly street oriented facade. As proposed, the slight offset from parallel actually provides more of a setback for the garage than would a strict adherence to the orientation standard. Staff believes this standard should be waived for this project. c) clearly necessary for reasons offairness related to unusual site specific constraints. Staff Finding: The building site is flat, buildable, and has no significant natural features which would prevent one from meeting the design standards. WINDOWS (VOLUME): The applicant's proposed development is subject to aFAR penalty with the following Residential Design Standard: All areas with an exterior expression of a plate height greater than 10 fiet shall be counted as 2 square feet for each 1 square foot of floor area. Exterior expressions shall be defined as facade penetration between 9 and 2 ,~ ~ 12 fiet above floor level and circular, semi-circular, or non-orthogonal finestration between 9 and 15 feet above floor level. In response to the review criteria for a DRAC variance, Staff makes the following findings: a) in greater compliance with the goals of the AACP; or, Staff Finding: The proposed variance is not in greater compliance with the goals of the Community Plan. The Residential Design Standards are a direct outcome of the AACP. b) a more effective method of addressing standard in question; or, Staff Finding: The standard specifically says no windows in this area unless the house size is reduced by the Floor Area penalty. One 12 fdot by 12 foot window is on the street facade and does not represent a residential scale. The second window is on the West facade and is roughly 14 feet by 14. While this window is not on the street facing facade, staff does not feel this is a superior alternative to the standard. Staff recommends the windows be allowed only to the extent that the Floor Area for that interior space is counted twice towards the Allowable Floor Area for the property. c) clearly necessary for reasons offairness related to unusual site specific constraints. Staff Finding' Many of the houses in the subdivision were built prior to the adoption of Ordinance 30, Residential Design. However, this Ordinance applies City-wide, not only those traditional neighborhood like the West End. There are no site specific constraints for this property which predetermine larger windows, or windows above 9 feet. The site is flat, buildable, within a developed neighborhood, and does not have any natural features dictating window heights. RECOMMENDATION: Staff recommends DRAC grant a variance of the Residential Design Standard "orientation" for the proposed Denholm residence, Lot #4 of the Callahan Subdivision, with the following conditions: 1. The applicant shall construct the garage with two separate entry doors as proposed on the submitted drawings. 2. The Design Review Appeal Committee (DRAC) hereby waives the "orientation" standard for the proposed Denholm residence, Lot #4 of the 3 ..-.., ..-.., , Callahan Subdivision. All other aspects of the "Residential Design Standards" shall apply. 3. The variance is granted for the specific proposal presented to the DRAC. Any substantial change to the proposed residence which necessitates an additional or different variance from the design standards shall require review and approval by the DRAC, or any other board from which the project requires land use approval. 4. This approval shaH not represent approval for any other required land use action. 5. Before issuance of a building permit, the applicant shall record this Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who wiH record the resolution. 6. All material representations made by the applicant in the application and during public meetings with the Design Review Appeal Committee shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to grant a waiver ofthe Residential Design Standard for Orientation with the conditions listed in the Staff memo dated August 13, 1998, for the proposed Denholm residence, Lot #4 of the Callahan Subdivision." ATTACHMENTS: Exhibit A - Application 4 .... ........ .-.. APPLICAJ'Ili: David Denholm. RepreJented by Baker Fallin Architedll LOCATION: Lot 1#4 Callahan Subdi'"ision ACTION: VARIANCE REQUEST l'OR BUILDING ORIENTATION, VOLUME (WINDOWS) DRAC may Kl'llot re:lieffrom the Residential Design Standards if the varianCf! is found lobe: In greater compliance wllh the goals of the AACP, or A more etTedive method of addressing the standard in question, or Clearly necllSSllry for reasons of faimess related to unusual sitespecil'ic constraint!!. ORIENTATION: The orientntion of the principal mass of all buildings must be parallel to the struts they fru:e. On corner lots, both strut-{acing facadt!$ afthe principo.l11Ul3s must be parallel/a /he road. On curvilinear streets, the prim:ipal mass oj all b4ildlngs must be tangent to the midpoint of the arc. WINDOWS (VOLUME): All areas wiJh an exterior e:q.ressjun of a plate height greeJer thWl ten Itet s/ulll be counted as two square feet for each one square foot of floor ana. Exterior tl1:pressioll$ Shflll be thfinnJ asjaclUJe penetmtion between nine and l'we/pe jut abonfloor level and circular, nmi-circIlUu, or non.orthogonnl je"e$~tio" betwu" nine andfiftemjeet above floor uvel. AUG-05-1998 16:50 FROM BAKER FALLIN ASSOC. ~ TO 9205439 P. 02 r-, . I' \ ! '1 '1 ' .J.: \ .', __: " l~ \,LII ~ . ~UlilOG\Tlr::li INWVI'PRATF.D AIfL"MrrF.CnJ'I<:1i:AND ~N!Na Christopher Bendon Community Development Department 130 South Galena Street .Aspen, Co. 81611 August 5, 1998 Dear Chris, This afternOon I received your memorandum to the Design Review Appeal Committee regarding the DeI1holm Residence. You have stated in the first paragraph of your Summary on page one that the applicant is requesting a v.eiiter of t\W of the Resid9ntial Design Standards. This is not the appfacant's intention. During my two interviews at City Hall you explained the procedures and several options to me and as a result we presented to you the request attached to and in compliance with attachment 3, No. ,6, of the appliCation. In that request, dated JulY 30, 1998, our intention, slated in the last paragraph, was to beexel,1pt from all of tIie current ResiderTl:ial Design Slandards for reasons explained in the prei::edlng paragraphs of that request. . PIE$Se amend your memorandum 10 the committee to reffed: our request. ards, - : )011>I It BAI(Ei,AlA, 1'....W>L 'llJA:lWl3Jll.l'AWNVko P..u.l... l28ll UTIl Av""u", 8umlO . A:n-llI<. C!0u:>>wJ08I6U . ~ . PAX ~ 1001 CIlANDAv",,,,!!, SIllY" 21l . CIJlMWOO1] SPRlNCS, ('.oI.olVoOO 81601 . 30319'18-9104 . rAX303/92S-9'Z09 : - TOrR.. P.02 ~ ~i \ , , August 6, 1998 Jim Weaver Baker Fallin Architecture 1280 Ute Avenue #10 Aspen, CO 81611 . AsPEN . PITKIN COMMUNITY DEvELoPMENT DEPARTMENT Re: Lot #4 Callahan Subdivision Dear Mr. Weaver: Thank you for your letter clarifying your request. I wrongly assumed your request was for a waiver of the two standards for which your project was not in compliance. I will forward your clarification to the Design Review Appeal Committee and make a note , during my presentation. I, however, am still recommending only the orientation standard be waived for the reasons I have stated 'in my memorandum. V~ry truly yours, ~.~ Christopher Bendon, AlCI> City of Aspen cc. DRAC members 130 SoUTH GAUNA STREET . AsPEN, COLORADO 81611-1975 . PHONE 970.920.5090 . FAX 970.920.5439 ~nledonReqcledPaper r--. ,.-, +1s-0 - ..-,-" .-.- ....~'/... - DESIGN REVIEW APPEAL COMMITTEE Application Package Contents Following is an application for the Design Review Appeal Committee. Included in this package are: 1. Attachment 1- Application form 2. Attachment 2- Description of general requirements for a complete development application 3. Attachment 3- Description of specific requirements for a complete development application 4. Attachment 4- Applicable review standards on which DRAC will base its decision To submit a complete application. fill out Attachment 1 and include all items listed on Attachments 2 and 3. along with any other information necessary to clarify the project. EIGHT COPIES OF ALL SUBMISSION REQUIREMENTS ARE NEEDED. A pre-application conference is strongly recommended so that the appropriate ceview process and submission requirements can be discussed. In addition. other reviews, such as those before the Planning and Zoning Commission. which may be required by the Aspen Municipal Code can be identified at this time. A consultation with the Z,:Jning Cfficsr and Building Department is also recommended early in the application process. DRAC meets on the second Thursday of every month at 4:00 p.m., as needed. Applicants are required to post a sign (available at the Community Development Department) on the property notifying neighbors at least five (5) days in advance of the meeting date. A photograph of the sign as posted must be presented at the meeting. t""""\ AiTACHMENT 1 LAND USE APPLICA TlON FORM 1. Project name Denholm Residence 2. Project location Lot 4 Callahan Subdivision I""' (indicate street address, lot and block number or metes and bounds description) 3. Present zoning R 15 PUD 4. Lot size 17,453 So. Ft. 5. Applicant's name. addre~s and phone number David M. Denholm 500 Newport Center ~~ive, Newport Beach, Ca. 92660 6. ~~p'}~sJrft~ti?J,~7name, address, and phone number Baker Fall i n Assoc. 1280 Ute Ave. Aspen, Co. 81611 (970) 925-4252 7. Type of application (check all that apply): Conditional Use Special Review 8040 Greenline Stream Margin Subdivision GMQS allotment View Plane Lot Split/Lot Line Adjustment Conceptual SPA Final SP.'; Conceptual PUD Final PUD Text/Map Amend. GMQS exemption Condominiumization .JL Conceptual HPC Final HPC Minor HPC Relocation HPC Historic Landmark Demo/Partial Demo Design Review Appeal Committee 8. Description of existing uses (number and type of existing structures, approximate sq. ft., number of bedrooms, any previous approvals granted to the property) A. ) Vacant Lot B.) Unaware of any previous approvals 9. Description of development application New sinqle family residence, Approx. 4600 Sq. Ft., 4 Br.. 4 1/2 bath, 2 car garage 10. Have you completed and attached the following? ..JL Attachment 1- Land use application form x Response to Attachment 2 -X Response to Attachment 3 ('"'. ,- ATTACHMENT 2 GENERAL SUBMISSION REQUIREMENTS All development applications must include the following information: 1. / The applicanfs name, address. and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of any representative authorized to act on behalf of the applicant. 2. ' The street address and legal description of the parcel on which the development is proposed to occur. 3. A disclosure of ownership of the parcel on which the development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owners right to apply for the development review. 4. An 8 1/2" x11" vicinity map locating the subject parcel within the City of Aspen. CI<l d ,_~"" 1'.....1;../0 ............... 1""""\ David M. DenholF II July 24, 1998 To Whom It MoV COl1cem: ~\ ......~..... --................-..... ....... I, David M. Denholm own", of Lot 4. Callahan Subdivision do h<2irJ1lbV authoriLe BokeriFollin As~ociotes to represr.:;nt me to the Cit\,! of Aspen luith regard to i55V~ of ml,J proposed re ence. DMD/tw 500 N0wpo<t C<?lIter Or""", Suite 520. Newport Boo(h. CFi 9266D (949) 720-9797 ex!. 224/ {949) 721.11 S2 .AX ~ ,.-.. m'd c:sn IC:'::' 6176 017:II 866I-17C:-inr 1".2 7-23-1998 II :3BPM lhy. 20. 1998 8~OOAM FROM P11Kln t~~HiY ililS f". Nu.7344 P. \/4 ~fIT ;-.. CO~l&B.JtrfINSURANCE 1. Effe~tive Date: O,/i9/,e a~ 08,30 A.M. :z. i'Qli~ =~~icieA to W issoued-: {~) ~TA owner's Po1~~y.Y~rm 199Z E%OPOBed INured: ~V};'D M. :tTI!:NHOLM. ",wi bllcoa ~LM rb) ALiA t.r;;l<m Policy-Form un Case No, l'CT12liU ~tS 1.300,000.00 PremiumS 1.405.00 Rate:Rl:;-ISSUE BATE Vropos~d I~aur~, ~f&~ Amount.$ ~.f ~ Q> E'remiwu$ c!tJC..DC"~ Rate: ... SI'\....Q~""-~ o...cu.-.' :):1"4-. 3. Ti~le, to the FEE S~E $;tate Q~ ~ntexQst in tbe land described or refe:;'rGQ to i" tbilO COttllllitl'll.snt i6 a~ the effec1;ive date hareQ! vesl;ea. in; MAlW'nl O. BURTON, n;c., MONEY Pt:I!I.O!AsE PLAN 4. The land r8ferr.d to in thi$ CQrnmiement is ~it~~t~d in the county of PITXnJ, St.ste of coLOtUl.DO and is de.er::i.l:l~ 13.sftlllQws: LOT 4. ~ SUBDIVISION. ACCORDING TO THE RliCOROli:D PLATS THEllEOF. PITKtN <"Vv~'x'f TITLS. INC. 601 E. llQPXXl'iS ASl':s:N, CO. aU':ll 970-92$-1'766 970-925-6527 ~.u 1ID"1'RORIZSP AGJmT Schedule A-PG.l -rhb COllIIIIitment is invalid unlesliI the lnsuring i'X'Q'Yi",i':'n.. a.nci Schedules A and'B are atl;a~hed. ~ ,r" 17el"d c:sn ,c:.::. 61>6 017:" 866'-1>C:-inr P.d '1-23-1998 I' ,3QPM , KiY, 2C. 1998 8:01AM Fi'll::I'I prTKIU COUNTY TITLE ",..... No. 1344 P. 2/4 ... ,"""" , , s~ fl - ~OB 1- ~u~ 'rh" fQllewing a~@ t:.he re~irements to be cCllllpl~ed witn; ~'n3l'!l (iii) l?aYlllent too or for ehe ac:eount of the ~ant:ors or lIIOrt:'Il'ag'ors <:If. t:he full c:ouide'1'llt:wn fer !:he estat.e or interest to be i~sureCl. ITS!'! {1:1) Prgper insr.rument. (s) creating- t:he estate or intereSt: ~o be insured mu$1: ~e executed and ~uly :11ed for reeord to-wit, 1. ~ f;'Qm : MARV'Il.'t O. BORtoN. IN'C., l'<<lNEY ~HASE PLAN Te ,. DA1/ItJ l'l. DElIHQU'l and R!COLE tlmntOLI'l 2. SVi<2ence sat:1s'illo;:;toxy t'.O I:M Otlmpa1\Y that HA;tVIN O. Btm.TON, me_. KOUY MmCHAASE F~ 15 a d~ly existin!1 and va.Hcl corporation existing pursuant t.o the laW's of the St.te Qf . must: be deli ve:red to and apprcved by the CQmpany. ~. Duly aeJmowle~efi eer~ifj,l::ate "f 1:11", i:luthodzeci M&l:lagins Age.nt Qr Beard of Dinlo;tQrs of CllUrAilAN HOHEOiQliRS AS50CIAT:ION certify~g that there are nil::' OlS&e65ments fo%' ~Ot1llllOtl l!l:x:pBU81i!1iI t<hich rUlllilin ~paid or Qtn*:nrislil <;OU8titutQ a 118n on the sub:) eee property. <I.. EviQe~ salOi.staclOory to the compa.l1y t.hat the Ileal Estatl! T'l;"ansfe.r :r~ ill.. e.stiWl.iehEl.:l QY Ortl.:l.:aanCi!! No. 20 (slilriee of 1.:i791 cd ol!di~e NO. 13 lSeries ~f 1990) has been pa1~ or exempted. S. Certifieate of nonfcreign statuf executed by the transfe%Or(s). (This i:18t~\int is M!: requi~~ to be nlcQraecl) 6. Coalp~et.ion of Form DR U'Jg rllgard1n9 t.he witholding ct Colorado Tax o.c the saLe by certdn per5emf)., carporaticms ~d. fi%'llls selling Real property in tne Seate of Colorado. (This in~t~nt is nc~ re~red tiC be recorded) 1. Evidence satisfactQry'to the CClllpMY that the Deelaration of Salli> , ~otice to Oou~~y AGS.SSQ~ aa ~uired ~y K.B. 1288 has hean complied Gt;h. (ni... il1s:~ment is not required to be recorded, but mu.st be delive~ed ~c and rel:ained by the Assessors Office in the County in wb:l.c# ~ p:ro~ertl" is sit.uated) .7-23-1998 \, ,3SPfoI 1h1, ZU, n98 S:OIAM r- r<u{~, ~[it~OUJrY iI~LE f' r-, No. 7344 ,""" P. 3/4 fliT , S~ :It S~CT%ON 2 EXCEnXOIlS The policy or ~olieie$ to be issued w~ll contain ex~ept1ons ~o th$ f:Q1lOW~l:19 unle5l'; the same are .:nsposed of to 'l;be llat.1sfa.ctio~ Ql; t.he COIlIJi'amy, 1. It:i.lll1ta 0>1 et..;..... of ~:a:;hes :i.1;l. l'OllsetJsi"" "",I; 5holm by l:Ae public: n~. ~, B;o,_~8. O:t' CJ........ll or eas_tJo, not flhCNft by tm: MU" :..=rds. 3. oillcrepa;u:i..s. Qoan~=. 1>1 bauudary l~. sbo~ :hi anr... e~ea, aDy ~;1l:1::1lI ,,1:&..,,1> .. ,,~nct ~ _ll. w~C':.ion a! .tbe pRllliIl68 'WOUld disol...e ~ vhido. are :Del: I!IhooIII! l!Iy l:M pu:z,Uc: recordll. t. My 1......, en- :d~ to ... :":i.l'lll.. f_ :s~i....". 1~, CIl:' lII&~i."l h..re1;;ot<n'e on' lIweaf1::U fu=ished. ..mpo.....4 l7y 18'" anI! "ct; sb...... by ~hll .,woJ.i.e ll'~. S. :Defoou. 1i_. ""~ralI.l:U, \1Ii~>:>;'l! duu 0: o~~ _t"-Ii. ir .-y, c::r"~IK!. Ci.!'st ~_rt!lg in tlll'l p~i" ""~ C:t' ....~~ ,."~!II;.~ e.. eM eUel:t.ive date he"BGf wt Pl'~ ta Q6 4aw tM p:opond wure4 &equ.inli .,( _eori EOt: "OlJ.ue l:b.e ",,,tAte = ;Ln1;_" OJ' ~O!l~ 'l'bAIreOl'. eo--eH.4 :by 1::hi...0:IIll1II:i_1i:.. ,. 1".:uceS I\tl.Wl and ~II:; a~ -=y r.a.:x:, splIc:i...l .."'...."""".."'. ch.arge = 11e21 illt'Osed for vat...r lOr \;,.,....., ,"..xvi<< Qr f= ....y o'Che:r ~eej.aJ. ~a1l5S d:i"tnct. 7" Re.serval';.ions and IfLineral ~cepticns as: eon~ll11'1~d in Oni~ec:l S~a.1:e& Patent recorded ~~e 17. ljQ, in Book 17$ &~ Page ~46. 8. S~ments and restri~tions as shown on Plats of Call.nan S~~V1sign reCorded May 19. ~976 in plat Book 5 at p~ge 7, an~.$ ammende~ P.Y Pl.~ recorded Augu3t 11, ~~77 1n Plat ~cdk G at Page ~6. ,. TenLS, cotl.Q.itions, obligations and ~lil$t:rictions a& set fon.b. in suhdivi$ion and Flannell 1J:it Olilv~l<>plllel1t Agreement recQrQed May l$i, :1.9'"16 in SoQk 312 at page UIl, im~ as 1lI':.>l1ified by NO'I;.icEl 3:'RC~ April 2~, 1977 in. SoQk 323 at page 7'. 10. Terms, conditions, p~i&ion& and obligations as aet forth in Reciproca.l Ea.sement '3ran'l'. NCO:r~ May 19. :1,976 in Book 31.:2 at p~ lS6. 11. Tb~se ~erms, canditi~D$1 provis~ons, Qbli~ations. easemeut. ~Str~ct~o~. assessments and all matters as se~ fo~b in PrQte~tive Oovensnts ~e=orded Oc~obe~ 17. 1~8' in BQgk .75 a~ Page 236 and ~~~MAnt thereto ~.eorded November ~6. 1'88 in Book S7S a~ page 73:1. 12. ~rmfl, c:ond1t.ignB. providcms a:o.d obligaeicm.s as set forth in Sharet3. Expe:nse Agn!Q_t. for callatl.a:a Subdivision aoatis a.nd i'onCl ~c:ordeQ AUgust 2B, 1992 in Book '87 a~ ~~ge 365 a~ ~d1fica~icn ~h9r~Qt recor~e~ Augus~ 38, 1992 in Book 6B7 at Page 40~. This eQ~~t.ment is invalid unleGG ~M J:nCl-urins Prcvieir:me a:>d $che<:!ules; A and S are a~tac::hed. sc:htc:lule ~.$eCl;;;L~ 2 Coulm.itme;j:t No. PCT12G"B soo~ ZSIT To! 6VS,g 91';01 S6/tt:/!.O 7-.23-199B II ,.40PM May. 20, 1~9B U2Pj ~.",...." F11Klv GOUHTY iliLt ,., ",...." 11i.7344 p, 4/4 ntr ,..-.. AJ1.DITfCIDL I!lEOIllIa't:tOll' , AJm D~SCLOSVUS The Ooimer' s Policy to be is&u~d, it any shall conl;;ain the following items in adai~ion ~o the ones set fortn above: (1) The Deed. of 'Trust. if lUlY, :relJ1.lirea un~l' Scht!ldule a-Section 1- (:zl waee:r rights, clai_ or t.1.t.le eo water. (NOTE, 'l'.E!S EXCEPTION WILl> APpEAR aN 'rIm OWNBR' S MIlD MOIl.~l; fOLIC! 'l'O U ISSUSlJ HEREqNDERI Purswmt:. to Insurance RegulatL<m 89-2; . mmli: Each ~i:t:le Cltity shall no~ify in. writing eve~ pZ'Q&pec:tivv insured in an cw.ner's title insurano~ policy for a sin~le family re;sidenl;e {includ1.ng a. CQn4Cl1llini1l\ ~ townhouse unit) (1) of that: title en.ticy's gll!l;eJ"al rtlqUinmentIJ for the d4l1etion of aI4 ex~eptic:n or e:xclu5i<:ln 1:.0 CQVer"~ nlatitlg to \Ulf.iled mechanics or ma~e.i_1-=1I :l.i~, e.x<::epe whlID said cQ\l'et'age or :LnSUriill1Ce is exte'ftQe<:1 to thlll in6UNQ. un4er the tCU:'lIIS of the policy. A satisfactory affidavit:. and agreement i~mnifying ~he Comp~~y agains'!: unfiled meehlul.ics' and/or Materialmen '5 Liens exeeul::ed hy ::he peraons indicated in the a.tuched e~ of said at'fidavi~ mu$t. be furnished to the Cc~;;sny. tl'pOn receipt of thelile il:Etms and any otbers re~rementl to be spe.cified by the Company upon reque~t. I?re-p;;;i.nted Item Numb'!:::!;' 4 may be cleleced from the OWner'.$ pcl.iq _hen ililsl,led. Plell8e eClr.l.t:acc tbe CQEIlPa.ny fer fUl;l:;hM::' infoZ:'C2lill;iol>. Nctw;i.thstandi:ng 'the fore9'Q~, nothing contained in this Paragraph sball :be d.eemed to .i.llilose iiUly requiremct ~pan uy t.itle insurer to prgvi4e meehanic:s oX' material mens lien covarage. BOn: If t.he company conduet.e '!:hli! owners or l.oan c:lo$~ unlier eiretllllS'l:.anees where it is responsible for the recorOtng or filing of legal document:s frQm $aid traneact;.on, the coil!;pilny will be dee1lled to hoa," provider;! "Gap coverage". Pursuant eo Sen.t.e Bill 91-14 (CRS lO-1~.122); (a) The S\IPje~t. lleal Pro-perty lIIa.y ~ lacateO j.Zj a Special Taxing ~iseri~; . to) A CI!l:rtific:a~B of 't<lXe~ tNe U!lting ea=h taxing ju:risaict.lon lIliil)' be oQta1nsd fo:rtl1 t:he Cc;n.Inty 't~aslo1:rer. of the COWl-ty TreaS1ln'r' s JW.t~ri:r.ed lI,gent; (el rnforma~ion r8gardin~ Special DistrictS and ehe boundarie~ of s'Uc:h 4ililtrieu uy be. ebU.ined frCll'l the Board of County commissioner-oS, the county Clerk a.nd. Recorder. or til.e COU1'lty As_ssox. ' NOn:, A tax Certificate will be oreered. f.-om t:he CQunt.y Treasurer ,by 'l:.tl.e Co~ and tho;: ~.t's tAsre9f charged 1:0 t.be ~po8ed insured unl.e",.. wri.tt<;m inst:-uee,;.on to the t:oZl.t:rary ou-.. received. by t:.he cOlll',l;l&nY prior 1;,0 the i.'l!IQuance of t.he Title policy antioipa.ted .by ~his commit.ment. T~~s co~tment. is invalid unless the lnauriug l?rovisioM and Scheclule$ A end B are at:t:ac:hed. SCAeaule B-Seetion 2 CowUb'll.Qnc No. l:'C'T126Bll Qnnffil ~sn Ti: L 6v6Q. Lv:01 86/H'1L0 II =: ~ ) i~~~'~'~ ' "c~~",}' ~ .~~ C ./ II r_ /~~ ,____..-. ~r ~ r _.. .., ~ // ~~ ,.,..1- IlO~D // rr-.......cr-:/ / ,"", ~,.t 'l~ '=- ~' If'. or! ",V' I ' / "'''''-- ~:-)) / I) ,~~ II J pi: -------- .. ~ :i " .1 !. ~ / " ~ ! ~--tf &~~ "~ . r-, 1"""'. ATTACHMENT3 SPECIFIC SUBMISSION REQUIREMENTS All applications for DRAC review must include the following information: 1. Neighborhood block plan at 1"=50' (available in the City Engineering Department), Graphicaily show the front portions of all existing buildings on both sides of the block and their setback from the street in feet. Identify parking and front entry for each building and locate any accessory dwelling units along the alley, Indicate whether any portions of the houses immediately adjacent to the subject parcel are one story (only one living level), Site plan at 1"=10', Show ground floors of ail buildings on the subject parcel, as proposed. and footprints of adjacent buildings for a distance of 1 00' from the side property lines. Show topography of the subject site with 2' contours. 2. 3, All building elevations, roof and floor plans at 1/8"= 1'0, 4, A graphic verification that the project meets or does not meet the 'Primary Mass" standard. 5, Photographic panorama. Show elevations of ail buildings on both sides of the block, including present condition of the subject property. Label photos and mount on a presentation board. 6. A written explanation OT the requested variance and a discussion of why a variance would be aopropriate and would not compromise the intended goals of the "Residential Design Standards." The applicant may provide any offsetting design features that may mitigate impacts of the variance requested. / ~'~ '.J.'~ ~V~ 'Z / \ \ ~ '-'/ .~ ,~ . BAKER -------- FAlLIN . .\;';:::0\..'I,\TE:'= ["l.Y'l.:l'\..~R.\TEll ,\ROllTI:Cn'!.:1: .\\'Il p[..\~~'I>,,-~ Community Development Department 130 South Galena Street Aspen, Co, 81611 July 30, 1998 Subject: Variance for a proposed single family residence to be located on lot 4, Callahan Subdivision, City of Aspen, Colorado 81611, consisting of four bedrooms, four and one half baths and a two car garage with a total FAR of approximately 4,600 sq, ft, The lot is the last undeveloped lot in the Callahan Subdivision, The lot is covered with aspen trees, According to the recorded plat document, the historic topography is less than 20%, (See attached document) All of the houses in the Callahan Subdivision were constructed and completed prior to the two existing zoning changes which include the Residential Design Standards portion, The subdivision is essentially a rural setting within the city: It is a PUD subdivision and does not include blocks, public streets, nor alleys, As can be seen in the photo panorama the houses vary considerably in their loeation on the lots and do not conform to the Residential Design Standards presently enforced regarding facade alignment to the street. We feel that the plans which are being submitted would be unnecessarily penalized by being made to comply with the existing Residential Design Standards for FAR regarding the garage and the living room height. In section 26,58,010 of the Residential Design Standards it is stated that "The purpose of the following design standards are to preserve established neighborhood scale and character, and to ensure that Aspen's streets and neighborhoods are public places conducive to walking." Please note that lot 4, Callahan Subdivision, is on Crystal Lake Road which is private, has no sidewalks and on street parking is not allowed, We request, therefore, that the residence proposed for lot 4, Callahan Subdivision, be exempt from current Residential Design Standards as set forth in chapter 26,58 and should be submitted for approval under the former regulations, . J....,ll;"; R. BAKER, AIA.Prc;:idcnt .. RII..'IL\RD A. r-.\LLI~ Vi..:e President 1280 UTE AVE:";Tr:, Sl'ITE 10 . ASPE:-':, CI..'IL0R.\D0 Sl61l . 303/925--l.252 .. FA,\: 303/925-2639 1001 GRAi\D A\'E:-iVE, SL'ITE 211 .. (iLE)\i\'('00D SPRI0:(iS, C,--"'b..'R.\D0 81601 . 303/928.9704 .. FA..\: 303/928-9709 . , . .r'\ ~ ATTACHMENT 4 DRAC STANDARDS FOR GRANTING A VARIANCE The following standards will be used by the Design Review Appeal Board when granting variances from the "Residential Design Standards." The project as proposed must be found to meet one of the following: a) yield greater compliance with the goals of the Aspen Area Community Plan: or b) more effectively address the issue or problem a given standard or provision responds to; or c) be clearly necessary for reasons of faimess related to unusual site specific constraints, . \ ) ...' ./ / ( \. .'\ "\