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HomeMy WebLinkAboutpitkin.planning.264320300013 (3)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and /or P &Z Ordinance for the BOCC and /or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) PARCEL ` ID: 2643- 203 -00 -013 - DATE RCVD: 3/29/2001 #COPIES: CASENO'P051 CASE NAME: I Parker Minor Amendment to a Development Permit Planners Tamara Pi PROJ ADDR: 2909 Juniper Hills Or S -T -R 20 -9 -85 OWN /APP: Parker,Alexis ADRF CIS /Z:F PHl, REP: I David Brown, Stryker & Brow ADR: 110 S. Spring Street C /S /Z: Aspen, CO 81611 PHN: 925 -2100 T Email Addr: I ALLOCATED HOU FEES DUE: 460 FEES RCVD: 3/29/01 % OVER: MTG DATE REMARKS lWithdrawn no vesting Noland use review conducted reimburse deposit. Close case per applicants request REF: 3/30/2001 BY TP DUE: 9/9/2001 REV BODY PH NOTICED DATE OF FINAL ACTION: \dmin' No BOCC Reso: CLOSED: 8/15/2001 BY: Isabel Calderon BOCC Ord: PZ: HRG OFF: HO INDEX: ADMIN: PLAT RECOROEDF— PLAT (BK,PG): n/a ADMIN INDEX: F- VR APPROVAL DATE: F— VR EXPIRES:F- CASE TYP: I Minor Amendment to a Development CASE TYP5: CASE TYP2:1 CASE TYPE: 0, CASE TYP3: CASE TYP7: CASE TYP4:1 Date Scanned: 2/1712012 File Location: FF Box #214 NOTE TO FILE At the request of the Applicant's representative on August 14, 2001, the Parker Minor Amendment to a Development Permit (P51 -01) has been closed. Tamara Pregl Planner O00001 �f 9z I ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920 -5090 FAX (970) 920 -5439 MEMORANDUM TO: Attorney jon FROM: Tamara Pregl, Community Development RE: Parker Minor Amendment to a Development Permit (PID 2643 - 203 -00 -013; CASE #P51 -01) DATE: March 30, 2001 Attached for your review and comments are materials for an application by Alexis Parker. This application will be reviewed by the Community Development. Please return your comments to %e by April 9, PLEASE RETURN APPLICATION IF YOU HAVE NO FURTHER NEED Thank you. TO COMMUNITY DEVELOPMENT y-4-ar 000002 a,9 stryker � A R C H I T E C T S TRANSMITTAL/ MEMO ............................................................................................. ............................... TO: Tamara Pregl Pitkin County Planning Department Community Development FROM: DAVID BROWN DATE: 3.28.01 RE: Aspen Ridge, Lot 2, Brush Creek, The Berry Residence Berry Minor Amendment to a Development Permit Formerly know as the Parker Property NOTES: We are requesting a minor amendment to a development permint granted pursuant to Resolution No. 30- 2000, in order to modify a condition of approval which delineated the maximum height of the primary residence. Resolution No. 30 -2000 is a "Determination of the Hearing Officer of Pitkin County, Colorado, Granting Approval of the Parker 1041 Hazard Review, Conceptual Submission, Scenic Overlay and Ridgeline Review and a Special Review for a Caretaker Dwelling Unit." Condition No. 25 states "the height of the principal dwelling unit shall not exceed 28 feet in height including the roof peak." This condition is of greater restraint than the standard 28 foot height restriction as defined in the Pitkin County Land Use Code. We seek a "Minor Amendment" to this condition to create a "three dimensional envelope" : a plane that intersects the edge of the cliff and a point 28 feet above the south border of the building envelope. This minor amendment will allow for a standard Pitkin County height limitation (28 feet to the midpoint of a roof plane, with no elements exceeding 33') for the areas that are below the "three dimensional envelope" described above. Section 3- 200 -080: Minor Amendment to a Development Application Conditions: A. The amendment must be a clarification or a technical correction to a plat not applicable B.The amendment must not change the use... between residential, commercial... This application does not change the use from residential. C. The amendment must be consistent with the action taken during the review of the original development and does not constitute a new land development activity. The minor amendment is consistent with the intent of the action taken during the review of the original development application. The intent is to be consistent with the Scenic Overlay review. Given OOOi1O3 the nature of the topographer the site, the site slopes away to the north„,,Wn the cliff edge to the south of the building envelope. This slope creates a practical improbability (and I believe impossibility) that a building that conforms with the County height limits, and is within the building envelope,will not be seen from any point restricted by scenic overlay. The building plan as designed is substantially below the 28' limit to the ridges. However, several small portions of the roof on the northern (lower original grade) portions of the building exceed the 28' height (refer to attached plans and elevations). Further, D. The proposed activity does not: 1. Change the basic character of the approved use of land on which the activity occurs including basic visual appearance and method of operation; 2. Increase off -site impacts in the surrounding neighborhood; 3. Endanger the public health, safety or welfare; 4. Violate any Land Use Code Standard; 5. Substantially increase the need for on -site parking or utilities, or affect affordable housing generation; and 6. Increase the floor area of use.... The proposed minor amendment does none of the above items D1 -6. Their will be no off -site impacts, visual or otherwise. As required by Section 5 -50 -020, and as modified by the pre - application conference summary, this application includes the following attachments: A. General Information Drawings of the subject property and survey of the property are attached. B. Applicant's Background Information: Property Owners: Christopher J. Berry and Laura Dziersynski PO Box 5042 Aspen, CO 81612 email: CJBerry1 @earthlink.net fax: 212.787.3573 phone: 917.817.0092 Owner's Representative: David P. Brown Styker /Brown Architects, pc 119 S. Spring St. Aspen, CO 81611 970.925.2254 fax: 925.2258 C. Parcel Description 2373 Broadway, Penthouse Apt. 3 New York, NY 10024 The parcel's Legal Description is Lot 2, Aspen Ridge subdivision; 3000 Juniper Hills Road, Pitkin County, Colorado. A vicinity map follows and is attached. D. Disclosure and Proof of Ownership A copy of the General Warranty Deed follows and is attached hereto. E. Legal Access: 000004 The property is adjacent to a public right of way, Juniper Hill Road, legal access exists. F. Standards Report: This does not apply G. Pre - Application Conference Summary Sheet: The Pre - Application Conference Summary Sheet is attached. H. Site Utilization Maps I. Copies of the Application Three (3) copies of the application are attached, as requested by the Pre - Application Conference Summary Sheet. J. Copies of the Agreement to pay form: Two (2) copies of this form are attached separately. Sincerrely 7P40 - David Brown Stryker /Brown Architects on behalf of Christopher J. Berry and Laura Dzierzynski 119 SOUTH SPRING STREET ASPEN, COLORADO 81611 970.925.2100 925.2258 (FAX) david@strykerbrown.com ii00u05 Wednesday, March 28, 2001 5 02 PM Christopher Berry 212 787 3573 David Brown Partner Stryker Brown Architects March 28, 2001 David, This letter authorizes you to act on my behalf in dealing with the any and all Pitkin County agencies in all matters related to the development and building of my home to be located on my property, Lot 2 of the Aspen Ridge sub - division in the Brush Creek area of Pitkin County. Regards, Christopher J. Berry 000006 p 02 MAR -27 -2001 TUE 07:17 PM FAX N0. PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY PROJECT: Parker Minor Amendment to a Development Permit LOCATION: The property is referred to as Lot 2, Aspen Ridge Subdivision (P1D #2643 - 203 -00 -013) APPLICANT: Alexis Parker REPRESENTATIVE: David Brown PHONEIFAX: 925- 21001925 -2258 DATE: March 27, 2001 PLANNER: Tamara Pregl, 920 -5103 Type of Application: Minor Amendment to a Development Permit Description of Project/Development: The Applicant is requesting a minor amendment to a development permit granted pursuant to Resolution No. 30 -2000, in order to modify a condition approval which delineated the maximum heightof the primary residence. Areas in which the Applicant has been requested to respond, types of reports requested: Land Use Code Sections to be addressed in letter of re uest ap lication Section 3- 200 -080: Minor Amendment to a Development Permit Staff will refer the application to the following agencies: County Attorney, Zoning Review by: Community Development, Public Hearing? No. What fee is the applicant requested to submit: Total Deposit: $460 (make check payable to "Piikin Camty Treasurer') Planning Office (deposit) $460 (additional hrs are billed at a rate of $185/hr); Number of copies of the application and maps to be submitted: 3 Please submit separately: 2 copies of the `Agreement To Pay' form do not include with each packet copy). For a complete application, please include the following in each packet: • Summary letter explaining the request and addressing all Land Use Code standards listed above. • Consent from owner(s) to process application and authorizing the representative (if applicable). • Parcel description, including legal description. • Proof of ownership (from a title company or attorney licensed in the State of Colorado). • Copy of this pre -app form. • Copies of previous approvals ■ 3- dimensional site plan illustrating requested structure height. IME NOTE This pre - application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant - Additional information: may be required upon complete review of the application. �uCUO1 MAR -27 -2001 TUE 07:17 PM FAX N0. P. 03 Ordinance No. 98- Page 38 in diameter or less are exempt from review under this section except when their installation causes a nsk to the health and safety of the community. , AB. The Community Development Planning Director may approve one satellite dish not exempted by the standards to this section subject to compliance with the procedures in Section 4 -40 and the Submission contents in Section 5 -50. Applications for more than one satellite dish not exempt under the standards in this section may be approved by the Planning Commission subject to compliance with the procedures in Section 4 -50 and the submission contents in Section 5 -50. @C. Satellite reception devices not exempt tinder the standards in this section shall be located to minimize scenic impacts on neighboring parcels and public roads. GD. Landscaping may be required around a dish not exempt tinder the standards in this section to reduce scenic impacts. DE. Financial guarantees in the form of cash or a letter of credit consistent with Section 3 -180 may be required to insure adequate completion of landscaping. (Ord. 95 -3 (part), 1995: prior code § 3 -1905) 3- 200 -080 MinorAmendments to a Development Permit A minor amendment to any development permit (except minor and major amendments to final plats), including AF -SKI and PUB Master Plans and Special Review approvals, intended to change an element or condition of a development permit may be approved subject to compliance with the standards in this section. Refer to Section 4 -40 for procedures and section 5 -50 for submission contents. All plat amendments shall be reviewed pursuant to the standards in Sections 3- 190.80. BA. The amendment must not change the use of the proposed development between residential, commercial and tourist accommodation uses. G6. The amendment must be consistent with action taken during the review of the original development and does not constitute a new land development activity. 4) C, The proposed activity does not: 1. Change the basic character of the approved use of land on which the activity occurs including basic visual appearance and method of operation; 2. Increase off -site impacts in the surrounding neighborhood; 3. Endanger the public health, safety or welfare; i U�CtJ�i3 MAR -27 -2001 TUE 07:18 PM FAX N0, P. 04 Ordinance No. 98- Page 39 Violate any Land Use Code Standard; a 5. Substantially increase the need for on -site parking or utilities, or affect affordable housing generation; and 6. Increase the floor area of the use by more than two (2) percent or decrease the open space on the site by more than three (3) percent. (Ord. 95-3 (part), 1995: prior code § 3- 1906) 3- 200 -o9o, Residential Development with more than 15,000 Square Feet of Residential Floor Area All parcels of land less than twenty (20) acres in size shall include the square footage of all structures on the property, for the calculation of House Size Special Review. All parcels of land twenty (20) acres and larger shall include only the residential square footage on the property for the calculation of House Size Special Review. A. The following Criteria are to be used in conjunction with the Special Review Criteria established in Section 3 -210 of the Land Use Code in order to allow residential and accessory structures to exceed 15,000 square feet of total floor area. Refer to Section 4 -60 for procedures and Section 5 -50 for submission requirementsr peFt feet# f nd'R9 %hZf kes irnataGgGR- 4nGFease4P4IG0F area­l�e�hat gew ed-�+i -Fe with the feNew+Ag ressed- hy-the -ate.. 1. Acquisition of Transferable Development Rights (TDR's) pursuant to section 3- 150.160 is a threshold minimum requirement to exceed 15,000 square feet of total floor area. Energy Consumption a. Has the residence been designed with concentration on limiting the use of energy resources and consumptive use? b. Has the design and construction of the home taken into consideration the inclusion of renewable non - polluting energy resources for the primary source of energy for the entire project? C. Have high efficiency construction materials been used throughout the project? d. Does the operation of the house contain self - regulating systems which control the use of energy when the home is not occupied? 000009 MAR ,2 ".2U01 2. 6FM RITKIN COUNTY TITLE, W.,,, NO 1,60 iE.2 Recording requested by. Curtis B. Sanders, F.sq. When recorded, mail to= Curtis B- Sanders, Eeq. 201 North Mill street, suite 2o1 Aspen, Colorado 81611 GHMRAL WARRANTY DzED Alexis Parker ( °Seller0l) with an address of 2332 South aasmine Place, Denver, Colorado aO222, for Ten Dollars and no /100 ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby bargains, sells, and conveys to Christopher .7. Berry and Laura Dzierzynski as joint tenants with right of survivorship, whose address is 2373 Broadway, Penthouse Apt. 3, New York, NY 10024, the following real property situated in Pitkin County, Colorado: A parcel of land being situate in Section 20, Township 9 South, Range 85 West of the 6`h Principal Meridian, Pitkin County, Colorado. Said parcel is more fully described as follows: Beginning at a point from whence the Southwest corner of said Section 20 bears S 00 °a2'la" W 2875.32 feet; thence west 1797,80 feet; thence North 948.00 feet; to - thence East 1797.88 feet; thence South 848.00 feet to the point of beginning \� together with all its appurtenances and WARRANT'S the title against all persons, subject to taxes for 2000 and thereafter, and except and subject to those items set forth on Exhibit A attached hereto and incorporated herein by this reference �1 SELLER! i Date= November , 2000 / Alexis Parker STATE OF d d ) COUNTY OF Be The foregoing instrument was acknowledged before me November 2000 by Alexis Parker. My commies' res bWrAVWR6WWfti (*W Is. moo Witness CP official seal. P.••....S ql ��i � � VY� A 0 Notary Public Sierra Pacific \2GWD.D1 Page 1 of 2 448887 1111111)1111111111111111 II11 INIII 11111 III 1111111111111 ie�wSFER DECLtlARATIDN RECEIVED 11/18/28A! 4460 22/10/2006 161041 NO ORVii OILVI i of 2 R 10.00 O 00.00 N 0.00 PITKIN C"ry CC UuUU10 MA 22, 2 2,J611M f'IT(IN COUNTY T T L I ,,. \0. )�6o F„ EXHIBIT "A" 1 Taxes for the year 2000 not yet due or payable. and 2 Right of way for ditches or canals constructed by the authority ofthe the nited at s and ro reservation and removacoal of all the other minerals In the lands s0 entered and patented, tog same Pursuant to the provisions of the Act of December 29, 1916 (39 Slat . 862), as reserved in United States Patent recorded April 17, 1937 in Book 162 at Page 549 3. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Aspen Ridge recorded June 11, 1975 in Book 299 at Page 641, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 4 Terms. conditions. provisions, obligations and all matters as set forth in the Articles of Incorporation of Aspen Ridge Homeowners Association, Inc. recorded June 11, 1975 in Book 299 at Page 858. 5 Easement and right of a' for an lectric trans ission August t distribution 190 m Book 472 system, at Pegs granted to Holy Cross Electric Association, 6. Terms, conditions, provisions and obligations as set forth In Ingress and Egress Easement recorded August 11, 1967 in Book 649 at Page 571, 7. Terms, conditions, provisions, obligations and all matters as set forth In Resolution of the Board of County Commissioners recorded October 26. 1991 in Book 650 at Page BO as Resolution No. 91-67 B. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Planning and Zoning Commission recorded November 22, 1991 in Book 662 at Page 777 as Resolution No 91 -27, 9 Easements, rights of way and all matters ea disclosed on 1041 Review Plat of subject Property recorded November 22, 1991 in Plat Book 27 at Page 79. 10 Terms, conditions, provisions, obligations and all matters as set forth In Resolution of the Board of County Commissioners recorded July 5. 1994 In Book 764 at Page 801 as Resolution No. 94 -115. 11 Terms, conditions, provisions and obligations as set forth in Determination of the Hearing Officer recorded October 6, 2000 as Reception No. 447728. �r���������i�ir rr�uii4 irW nr��s S ILY1i�ri Co 4 of 2 % 10.00 o 0I I N 0,00 V"MZH CO11NS'f 0 juclil1 li \\ I 1 � tOM1, �^0 - IN LoTZ,Ac,pm Kir*e %mvr5(a l " OU12 o l 1 337 a• 7410 N9 mIl a T �R! \-' I I lffi'r 47N X9111 vcoo 4345 °I VICINITY MAP MAR -27 -2001 TUE 07:20 PM FAX N0. P, 08 VIM ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Pitkin County Development Application Fees PITKIN COUNTY (hereinafter COUNTY) and C/f1Z1"2 o/7 rGTZ J. (hereinafter APPLICANT) AGREE AS FOLLOWS; 1, APPLICANT has submitted to COUNTY an application for MIN69 AMENOMEN/ 72) A DE'VEL0PMi?4y7- M-9MIT (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinances No. 98 -7 and 99 -37 establish a fee structure for Planning applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and COUNTY 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 COUNTY further agree that it is in the interest of the parties for APPLICANT to make payment of an initial deposit and to thereafter pen-nit additional costs to be billed to APPLICANT. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. COUNTY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT's application. 4. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. Ji10u13 MAR -27 -2001 TUE 07:20 PM FAX N0. 5. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ !00 °e which is for hours of staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to COUNTY to reimburse the COUNTY for the processing of the application mentioned above, including post approval review. 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. PITKIN COUNTY Cindy Houben Community Development Director g:\su pporAfo rms \agrp ay pt. d oc 05/05/00 APPLICANT CHt7—tS7aFH-EZ7 J. etxgl Print Name 1� T�� F. 5011K, Signature REPtr-- ((=5d=?J -Z 7 Ze Date: ;�? —201— O / Mailing Address; i. —�JiW7KEP-' A!*w m/ A ecew7y3 W. RE 9 l ' T. ' \ 's� \ 20 M Al PO 90A ]0' AGCE85 EA]ilENt t.—WN1EA iA'RRR At P' n 4. ALEXIS PARKER 1 04 1 HAZARD xhv n tw MAr / ElFfiiplC L IIMD IS 4 II / - &E .. - ti i. LI �/ \ —i,\ SCALE 1x . 10 FEET . 5 IR IS 2. 1..1.0 INIERYAL If l FEET N. N. \ \\ AST— \ \ \ \ \ \ \\ \ \ \ \\ • \ \�. 29$• \ I \ \ r-•'� M aREEP eRxL \ 1/ vU�U15 , PPEER1 SUMMING AT PAGE )9 TRACT N0. 2 AREA • 35.0001 ACRES .1 PREPARED RY ASPEN SURVEY ENGINEERS. 1*. M 5. QALElY STREET P, .6. Ssoe ASPEN, COLD, SISII PNONE /PAR I.IDI .1 ... 9�,__ an \ \ \ zoo 267 \ 210 uuCJiG P�ERR'( �rc�� F�Opmpso Itj.Z4j.ol "........" 2-7 W \ \ 215 216 \ \ 223 "' \ ""' 212 \ \ \ \ \ 100 \ \ \ 110 \ uuCJiG P�ERR'( �rc�� F�Opmpso Itj.Z4j.ol 000017 V --- 196 93 I 194 i 33' -0' TOP OF PARAPET co co 29'-2" TOP OF RIDGE TOP OF RIDGE 29-3" TOP OF RIDGE T0•QF RIDGE 244 I N -2 ------ 16 215 216 221 219 HL-V4 4TC7 CP 9MF SiLeimer4r> A'ftE eXtrKN& 6FAVG� 000018 Ir !rira -1�uc-) CRMNq AT Pt(L'n?j& fze-c,xiiuc 'N. 000019 l�� CF exionr , MM r`TA 4 D��0��� ��W���� ` ������, �~�r^x ^ -------—�_—_——�� ---��---� Mud 211 TV ant w 717 27 1 209_� 216 221 219 CuCu21 R 01 ' ►� gxopk Bilge cF HOA,5 9W.8 COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5090 172 159 173 174 162 169 160 Pitkin County Land Use: Board of Adjustment County land Use Code Deposit Flat Fee Zoning and Sign Public Notice Planning Enforcement I,> 0 TTR'17 -� # OFCOPIE � IS: � 1A1: Referral Fees: RB115 Access Permit LUCOI County Clerk 193 County Engineer 194 Environmental Health 198 Housing 190 Land Management 196 Wildlife Officer I,> 0 TTR'17 -� # OFCOPIE � IS: � 1A1: Building Fees: 170 Board of Appeals 135 Building Code Sales 105 Building Permit 100 Contractor License 120 Electrical Permit 195 Energy Code Review 115 Mechanical Permit 150 Plan Check 110 Plumbing permit 130 Reinspection 151 Aspen Sanitation 152 AVFD Fire Marshal I,> 0 TTR'17 -� # OFCOPIE � IS: � 1A1: Other Fees: 155 Use Tax 165 Copy Performance Deposit 185 Park Dedication 186 Parking Cash In Lieu 166 GIS Maps is GIS Requirements RB116 Road Impact Fees B1202 Road Impact Fee I,> 0 TTR'17 -� # OFCOPIE � IS: � 1A1: