HomeMy WebLinkAboutBocc Packet 08142013 Gregory Expansion Non Conforming StructureMEMORANDUM
TO: Board of County Commissioners
Regular Meeting - August 14, 2013
THRU: Cindy Houben, Community Development Director
FROM: Lance Clary s�sistant Director
RE: Gregory Expansion of Non -Conforming Structure with Significant Changes, Public
Hearing
REQUEST: The Applicant requests approval of expansion of a non -conforming structure to undertake a
remodeling and modest expansion plan for a residence currently containing more than the allowed floor
area.
OWNERS/APPLICANTS: Kirk and Petra Gregory
REPRESENTATIVE: Graeme Means, Architect
LOCATION: 1 Harbour Lane
ZONING: The parcel is zoned R-15 (15,000 sq. ft, minimum lot size) and is 5, 647 sq. ft., making it a non-
conforming parcel.
BACKGROUND/EXISTING CONDITIONS: The parcel is an anomaly in many respects. It is located
beneath the Castle Creek Bridge. It is cut in to the steep hillside going up from Castle Creek to the Villas of
Aspen. It is unclear when and how the parcel was created. It is unclear if a building permit on file is indeed
for this structure. The Assessor's records don't match other available information. The existing floor area
appears to be approximately 2,200 sq. ft. The allowed floor area with "lot area" deductions for access
easements and watercourses would allow approximately 600 sq. ft. total.
The current owners have been in the house for 27 years. They would like to do some remodeling which also
involves two minor expansions: a 62 sq. ft. expansion to a dining area, and a 238 sq. ft. expansion for a
"studio" adjacent to a bedroom.
REFERRALS: The application was referred to Pitkin Zoning and Aspen Planning. Zoning comments are
attached. Aspen Planning did not respond.
PROCESS: An expansion of a non -conforming use or structure that expands floor area requires review and
approval by the BOCC at a public hearing.
STAFF COMMENTS:
RESTORATION OR EXPANSION OF NON -CONFORMING USE OR STRUCTURE WITH SIGNIFICANT CHANGES
The Applicants have applied under Section 9-50-30 of the 2006 Land Use Code. The BOCC may permit
modifications to a non -conforming use or structure, subject to compliance with the standards in this section.
000001 ca-r 10
A. Adverse Impacts and County Land Use Policies. The BOCC may find that any impacts on the
neighborhood or the County are "tolerable":
Response: In this unusual location, there are not adverse impacts on the neighborhood or County as a
result of this non -conforming structure. The structure is essentially not visible from any place other than
Harbor Lane. It is unlikely that the small expansions sought will add any adverse impacts. There is no
change to the footprint of the residence. Neighbors have written support letters (attached).
B. Consistency with Master Plans: The use or structure is generally consistent with adopted master
plans for the area and adjacent land use;
Response: The current use of the structure and the proposal are consistent with the Aspen Area
Community Plan (AACP) and intent of the Urban Growth Boundary to manage more dense/intense
growth where existing public services are available to citizens. The additions total less than 300 sq. ft.
and maintain a 50' setback from the high water line of Castle Creek. This is permitted by the Code.
C. Building Code Standards, Hardships or Improvements to Function and Appearance: The Applicant
demonstrates that the purpose of the development is to:
1. Meet practical difficulties and hardships which arise from the existing restrictions upon
repair, alteration or restoration; OR
2. Improve the function and appearance of the use.
Response: The constrained location of the residence, the limited footprint, and the three story structure
make for some very unusual space configurations in this house. These do constitute practical difficulties
and hardships that the remodel/expansion can address. There appear to be existing plumbing, electrical,
and water -tightness issues that need to be made. Some minor expansions that will improve the function
of the structure help to justify these basic building improvements.
D. Development Exactions:
Response: Any required development exactions will be applied at building permit.
RECOMMENDATION: Staff recommends the Board adopt a motion to approve the Gregory Expansion
of a Non -conforming Structure as represented, subject to the attached draft BOCC Resolution.
ATTACHMENTS
A. Draft Resolution
B. Schaffner comments
C. Neighbor comments
Application supplied separately
lancet/cases/gregory non -con expansion memo.doc
2
000002
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, APPROVING THE GREGORY EXPANSION OF NON -CONFORMING
STRUCTURE WITH SIGNIFICANT CHANGES FOR 1 HARBOUR LANE
Resolution No. -2013
RECITALS
1. Kirk and Petra Gregory ("Applicants") have applied to the Pitkin County Board of County
Commissioners for Expansion of a Non -conforming Structure with Significant changes for a single
family residence.
2. 1 Harbour Lane, (within the UGB). PID# 273512300031 (Legal Description, Attachment A).
3. The structure is non -conforming by virtue of lot size and setbacks. The lot size is 5,647 sq, ft. The
zoning is R-15 (15,000sq. ft. minimum lot size). The effective lot area after required deductions is
approximately 4,647 sq. ft.
4. The Applicants propose an approximate 62 sq. ft. addition to a dining area and an approximately 238
sq. ft. addition adjacent to a bedroom. Both additions would be the required 50' from the mean high
water line of Castle Creek.
5. The BOCC considered this application at a duly noticed public hearing on August 14, 2013 at
which time evidence and testimony were presented with respect to this application.
6. The BOCC has determined that the proposed application adequately meets the criteria established in
Section 9-50-30 of the Land Use Code, and therefore finds the proposal to be acceptable.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners
that they hereby approve the Gregory Expansion of a Non -conforming Use with Significant Changes
subject to the following conditions which shall run with the land and be binding on all successors in
interest:
1. The Applicants shall adhere to all material representations made in the application and at the
Public Hearing, and such representations are considered conditions of approval except where
inconsistent with this resolution.
2. Approval is granted for the approximate 62 sq. ft. addition and the approximate 238 sq. ft.
addition as represented in the application and accompanying drawings.
3. No calculations for height, setback or other building or zoning requirements have been conducted.
These requirements will be considered at the time of building permit. Structures represented in the
application might not be permitted under building and zoning regulations. Variances from the
Board of Adjustment may be required for these improvements. This resolution does not assure
approval of any variance required from the Board of Adjustment.
4. Any applicable development exactions or impact fees will be assessed at building permit.
OuUO3
Res. No. 2013
Page 2
5. Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approval(s) related to this property, or vested rights associated with
this property.
6. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County L, ,and
Use Code, Sec. 2-20-170 and C.R.S., Sec. 24-68-105. The statutory vested rights granted herein
shall expire on August 14, 2016.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on 11h day of
July, 2013
APPROVED this 14h day of August, 2007.
BOARD OF COUNTY COMMISISONERS
OF PITKIN COUNTY, COLORADO
By
George Newman, Chairman
Date
APPROVED AS TO FORM: APPROVED AS TO CONTENT
John Ely,
County Attorney
P055-13
273512300031
indyouben,
Community Development Director
ClUu004
MEMORANDUM
TO: Lance Clarke, Planning Director
FROM: Joanna S. Schaffner, Zoning Officer
DATE: August 5, 2013
RE: Gregory Expansion of Non -Conforming Structure with Significant Changes
P1D# 2735-123-00-031
have reviewed the above referenced application and offer the following comments/questions.
1. The lot has been zoned R-15 since 1955. This zoning requires a 15,000 sq ft lot size for newly
created lots. This lot contains 5,647 sq ft and is non -conforming as to lot size. It is uncertain
how or when this lot was created.
2. A Zoning Permit was required prior to development since the lot was zoned in 1955.
3. It is unclear whether the Permit in the file is for this structure, as it does not appear to match
the Assessor's records as to square footage. And although it is clear that the lot was zoned R-15
in 1955, the Permit indicates the lot is located in the "Tourist" zone district. Was this confused
with a city lot?
4. Floor Area regulations were first adopted in 1974.
At that time, the .16 ratio in the R-15 zone allowed a total of 903 sq ft. (Lot size 5,647 sf x .16 =
903 sq. ft.). At this point the house became non -conforming with regard to Floor Area.
5. Then in 1984, regulations were adopted which required that access easements and
watercourses be subtracted from Lot Size to determine Lot Area, on which Floor Area was now
to be based. This reduced the 5,647 sq ft lot by approximately 1,000 sq ft and reduced the new
Allowed Floor Area to around 600+ sq ft.
6. Setback variances are necessary for the proposed development. The proposed addition
encroaches into required Arterial Highway and Yard Setbacks. Application must be made to the
Board of Adjustment.
00u005
Villa of Aspen Townhouse Association, Inc.
100 N. 8th Street , # 8
Aspen, CO 81611
July 30, 2013
Lance Clarke
Pitkin County Community Development Department
130 S. Galena Street
3rd Floor
Aspen CO 81611
Re: Gregory Expansion of Non -Conforming Structure
with Significant Changes
Case # P055-13; P1D2735-123-00-031
Dear Mr. Clarke:
As president of the Villas of Aspen Homeowners Association I write in support of the
application of Kirk and Petra Gregory's application for additions to their residence. The Villas
comprises thirty six townhomes located at 100 N. 8th Street. As seen from the attached survey
and the map showing the location of the Gregory residence, the property line of the Villas quite
literally wraps around a portion of their home ( See: survey at the lower left and the property
line on the map) . Indeed, the Villas may be the closest neighbor to the Gregory's.
We support their application because the additional square footage does not expand the
footprint of the house. The renovation and additional space has absolutely no adverse impact
on the Villas.
But just as importantly, it should be recognized that the Gregory's are good neighbors
and have a common interest in maintaining the quality and open ruggedness of the adjoining
hillside that is a prominent feature of this unique topography that we both share along Harbour
Lane and Castle Creek.
would appreciate your making this letter a part of the public record and provided to the
County Commissioners for their consideration. If you have any questions please feel to contact
me at Neilbsiegelomail.com or at 970 544 5443.
Very truly yours,
Naie B. Sipe
Neil B. Siegel
President
Villas of Aspen Townhouse Association
Attachments
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July 23 2013
To Who it May Concern;
We are the property owners of 217 Harbour Lane in Pitkin
County; we are the neighbors to the south of Petra and Kirk
Gregory at 10 Harbour Lane in Aspen. It is our understanding
they wish to add a small addition to their home; we have no
objection to this project and wish them the best of luck with
their remodel.
Sincerely,
The d Pagter/
920 6508
Pick County
JUL 2 ti 2g13
Comi Lnay
CJODUQ9
July 23, 2013
TO : Pitkin County Board of County Commissioners
FROM: Dona Stuart, resident City of Aspen
RE: Gregory Expansion of Non -Conforming Structure with Significant Changes
(CASE # P055-13) Location: 10 Harbour Lane, Aspen
Dear SIRS:
I am very much in favor of approval of the Gregory's proposed expansion of 300 square feet of
usable space. The expansion will not increase the footprint.
The neighborhood is an old Aspen neighborhood with many constraints. The current zoning
regulations and design standards have evolved long after the property was developed.
I share parts of two property lines with the Gregory's. They are in the County; I am in the City.
Our properties are accessed by a private easement for property at the end of the Lane. We
have worked together for the past 20 years to make the best choices for our neighborhood.
1 feel their addition will add to the neighborhood without having any negative impacts. It will
barely be noticeable from Harbour Lane and will not obstruct any views from properties
situated on the top of slope above. There will be no additional traffic.
I recently received many variances for a residential addition to my property on 15 Harbour Lane
from the City of Aspen Planning and Zoning Commission.
I totally support any variances necessary for the Gregory's to be able to develop their property.
ctfully subm
�&
Dona Stuart
15 Harbour Lane (PO Box 11733)
970-925-8656
00u010
Pitkin County
JUL r 6 2013 yy
Graeme Means Architect
210 South Galena Street #23
Aspen, Colorado, 81611
(970) 925 9150
gdmarchitect@gmail.com
Project: Gregory Expansion of Non -conforming Structure
Location: 10 Harbor Lane, Aspen, Colorado
Parcel ID# 273512300031
Owner: Kirk and Petra Gregory
Representative: Graeme Means
To: Lance Clarke
Pitkin County Community Development Department
Date: June 11, 2013
Dear Lance,
This letter is in support of an application to apply for expansion of a non -conforming
structure and responds to the applicable Pitkin County Land Use Code Sections, Sec.
9-50-20 (c) (3) and Sec. 9-50-30 (a) - (d).
Applicant Description
The applicants are a 35 year Aspen family with two grown children who have
owned the home for 27 years. Kirk Gregory has been a teacher at the Aspen High
school for 30 years and Petra Gregory is a long time manager of a local retail store.
The family plan is to pass the home on to their children.
Existing Lot Description
This is a small lot of 5,647 square feet in the R-15 Zone District and is located almost
directly below the Castle Creek bridge at the entrance to town. The site slopes
steeply from east to west towards the west property boundary located on Castle
Creek. Although on the edge of town, the lot is isolated by steep topography and
surrounding land use. Directly to the north of the lot is unbuildable land located
directly under the Bridge. The west boundary is located in the river bed with the
City Shop space on the other side of the river. Land to the south is unbuildable land
owned by (and not visible to) the Villas of Aspen Townhomes and a private
residential lot. The existing house does not impact the lot to the east owned by Red
House Enclave Condominiums because it is located down the steep hill out of their
view.
Due to it's small size, unusual topography and the fact that it is partially surrounded
by City of Aspen land, this lot is an anomaly in the R-15 Zone District.
000OD?�
Existing House Description
The existing house is of modest size containing 1,914 sq ft of heated space and a 306
sq ft garage. It contains two bedrooms and 2.5 bathrooms. It was built in 1968 and
never significantly remodeled. It contains 3 stories dug into a steep hillside. The
concrete block construction is structurally sound.
Despite it's small size, the home is larger than the underlying zone district would
allow due to the small lot size. It is thus a non -conforming structure of record.
Existing House Problems
Due to the unusual siting and construction of the house, there are numerous
problems with the existing house that the owners are attempting to alleviate.
The small lot size will not support approval a home of similar size to the
surrounding homes.
While structurally sound, the house has numerous code and construction issues
such as electrical systems and energy concerns that could be improved.
A small house on three floors presents space planning challenges and difficulties in
using space efficiently due to multiple stairs and small floor plates.
The house is dug into a steep hillside which means it is difficult to get light and
access to some of the spaces.
These restrictions result in a home with a tiny dining area of 40.5 sq ft (little bigger
than a sheet of plywood) and little room for expansion. The master bedroom is very
small with awkward spaces.
The owners would like to be able to relieve some of these space problems in order
to justify the expense of making the improvements and utility upgrades necessary to
accommodate a family safely and with some comfort. They have started this process
by legalizing a previous encroachment onto Villas of Aspen as suggested by the
Planning Department.
Proposal
The owners would like to make some interior plan changes and two small additions
to the house in order to give it a reasonable floor plan for a small family. They would
like to extend the dining area out six feet to accommodate a small space for a dining
table. This addition would add 62 sq ft.
They would also like to add a studio space to the third floor bedroom to
accommodate Petra's jewelry making hobby and provide a small measure of privacy
in a very small home. The studio addition would add 238 sq ft.
Thus, the proposal is to add 300 sq ft of new space to the 1,914 existing sq ft for a
total of 2,214 sq ft. see attached Floor Plans and elevations.
000002
Benefits
Approval of the requested square footage would enable a workable floor plan and
thus justify the expense of making code and safety improvements to a home which is
decidedly substandard compared to surrounding homes.
Approval would allow a longtime local family and, at some point in the future, their
children to remain comfortably in their home. It would also improve the home to be
a better and safer part of the Aspen area housing stock.
Impacts
The addition of the requested 300 square feet would have very minimal impact on
the surrounding neighborhood due to the unusual lot location and siting and it's
small size.
Both proposed additions would take place atop existing roofs. Thus, there is no
change to the footprint of the house or regrading of the site. There is no proposed
development at all outside the existing footprint. No excavation is required and no
improvements will be any closer to neighbors than exist now. The existing setbacks
would remain the same on all sides and impact to neighbors would be minimal or
none.
The proposed additions would be well under the height limit of 28 feet and would
be hidden be parts of the existing house. Thus, the perceived bulk of the house
would be largely the same.
The view of the house from Power Plant road is mostly obscured by vegetation and
the fact that it is seen against the step bank, not breaking the skyline from virtually
any public property. Power Plant Road itself would not be considered a scenic
roadway, especially since motorists are concentrating on a steep and curving road.
The attached photos demonstrate the degree of visual impact.
The existing home and all proposed improvements lie well out of the Flood Plain for
Castle Creek as demonstrated by the attached survey.
There are no safety concerns that we can imagine associated with this proposal.
In short, this will remain a modest home and is located such that very few people
will be aware of any change.
Relevant Code Sections
Code Section 9-50-20 (c) (3)
The existing residence is within approximately 50 feet of the bank of Castle Creek,
thus within the required 100 foot riparian/wetlands setback. However, Section 9-
50-20 allows for a one-time expansion of 300 square feet to a legally non-
conforming structure under certain conditions which this proposal meets.
Both proposed addition sites meet the required minimum 50 ft setback as
demonstrated on the attached survey.
The proposed additions do not increase the non -conformity in that the footprint of
the building does not enlarge, the setback from the river is not reduced, the
expansion is out of the Flood Plain, there is no regrading or change to the vegetation
of the property and no increased use of the property. Thus, "the expansion can be
sited without detriment to the wetland/riparian habitat".
000003
Code Section 9-50-30
This Code Section allows modifications to a non -conforming structure under the
following conditions:
(a) "Adverse impacts and County Land Use Policies"
As stated previously, we feel that the impacts associated with this application are
very minimal and certainly feel that they can be considered "tolerable" by the BOCC
as required by Code.
(b) "Consistency with Master Plans"
The applicable master plan for this area is the Aspen Area Community Plan. In that
plan, the philosophy and vision statements of the Housing section include:
"A stable community that is invested in the present and future of the Aspen
area.
"A reliable workforce..."
"Opportunities for people to live in close proximity to where they work."
"A reduction in adverse transportation impacts."
"A reduction in downvalley growth pressures."
"A healthy mix of people, including singles, families and seniors."
The express purpose of this application is to provide the Gregory family with a
comfortable (but still very modest by Aspen and neighborhood standards), safe
home that is more consistent with the neighborhood. Approval will fully reinforce
every one of the Community goals as outlined above.
11
(c) "Building Code Standards, Hardships or Improvements to Function and
Appearance"
This proposal meets condition (2) in that the purpose of the request is to improve
the function of the existing building in order to justify the cost of improvements to
code, energy, waterproofing and other neglected issues. A well functioning and well
cared for house will be an amenity to the neighborhood. There will be less incentive
to care for a house that has inadequate living spaces inside.
(d) "Development Exactions and Impact Fees"
The Applicant will make any required exactions or fees imposed by the County.
In summation, we feel that any impacts to the surrounding neighborhood resulting
from approval of this application will be extremely minimal in nature. We feel that
approval will result in a better maintained, safer and more attractive home both for
the owners and the neighborhood.
We thank you for your time in evaluating this proposal,
Kirk Gregory
Gra
Means
Petra Gregory / GLC C C
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WARRANTY DEED
THIS DEED, Makthis 25th .layuf August
htneen RON BAAR also known as RONALD C. BAAR
,19 B6 .
of the
County of Pi tkin , Stmc.,4 Cotcrado,.@rantnn.) anJ
PETRA GREGORY AND KIRK GREGORY. as joint tenants
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chose legs! address is P.O. BOX 10055
ASPEN, CO. 31612 I`f
dean County of Pitkin . Slate or CLva l..inl , gneefs)' j
w ITNFSSF:TH. That the trammels). for and in consideration of the sum of n011ARS.
Ten dollars and other good and valuable consideration ram.
themeign mail sufficiency ofw bschishereby.tm kWkJged.haS gra, 4J.hud
gain.sddandecm ed. a'sdty teseptesentidu es f
!again, sell, gruey. and confirm, unto the granteen their heirs and assigns &weer. all the real pm{otty. together with improvements.
J any, situate, lying and trim in she
Runty of Pitk in . State of Colorado.
describe) as folios, r
AS SET FORTH ON EXHIBIT 11Asr ATTACHED HERETO AND
MADE A PART HEREOF.
STItTE. DOCUMENTARY'."r•"
also►:roan by street and number as. 0I 6 02 HARBOR LANE
TOGETHER wish all and singular the boeJatantenls and ar unenanoes thereto belonging, or in anywise appnlaining, and the reversion and
reversions. i nuitwkr and remainders, rents. issues and profits thereof. and all Mt estate. right, lisle, inkrnl, thin and demand whats.seser of the
granted:), either in Ira or N ola!, ef, in and to the ahwc baagaintd preetises. w ith the herofilamenes and appunewts--es_
TO IIAI'E AND TO HOLD the said premises abme bargarned and shunted with the appurtenances. unto the grantee(:t the i r heirs and
sssignsfaever And the gnntrTs), for him xd f heirs and p:rx.nl representatives. do es Macron'. grans tvrgain,aral
agree to and ,.ith the grantetis),their hors and sssigns•that at the time of the ensealing anJ &tiers) of these presents. he is
sell
seized of the premises above inrtsc st hs gad, sure, pm Tod. absolute and indefeasible estate of inheritance, in law. In fee simple. and
ha S. good tight- full passer and auticritd to grant.bargain. sell andeon, slew :ante inmanner and kroi as aforesaid. and that the same arch's?
and clear front all former and other grants. bargains, sales. terns, tries- assessnents. encumtearees. and restrictions of whatever Linder nature soccer.
merge General taxes far 1986 payable in 1987; Mineral reservations in Patent in Boo
^itch in Bonk 156 at Page 84; Right of way
55 at Page 35; right of way for Asper..
to Mountain Utilities in Book 170 at Page 13; Easements in Book 204 at Page 255 anij
Book 312 at Page 270; Terms, conditions provisions and obligations in Well and Watbr
Agreement in Book 371 at Page 977; Easements for driveways and power lines and
encroachment of carport as shown on survey by Johnson —Longfellow a& Assocpa..tes�nitlse
Thegrantrfsdshallandwill „'ARRAM'AND tOREVERDlli ildearahwr-huh pre Olt mot
granter(,). his hews and assigns. against all andnn Wpm Of persons laofaltb rdaimingthe nhode or any pus
IN WITNESS WHEREOF. she grantor hd ha s esecutd this dosed on the date set forth above _.
STATE OE CO1 ORADO
County of Pitkin
The foregoing instmrnenl was aanusk lgeI More me this 25th
by Ron Baar also known as Ronald C.Baar
N) commis sianc,IdrrsNovember 8, 1986 t5ilxs1
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EXHIBIT "A"
LEGAL DESCRIPTION
TO WARRANTY DEED FROM RON MAR a/kfa RONALD C. BAAR
TO PETRA GREGORY AND KIRK GREGORY
A parcel of land being part of the Northeast { of the Southwest 4 of
Section 12, Township 10 South, Range 85 West of the 6th Principal
Meridian. Said parcel being bounded on the North by Colorado Highway
NO. 82, en the West by the centerline of Castle Greek. Said parcel is
MOM. fully described as Follows:
Beginning at Corner No. 3 of the North Texas Millsite U.S.M.S. No.
3288; thence N 49'30' 17 76.50 feet to the centerline of Castle Creek;
thence Northeasterly along said centerline N 26'58'52" E 21.26 feet
to the Southerly right of way line of Colorado Highway No. 82;
thence S 75'07'30" E 113.50 feat along the Southerly right of way line
of Colorado Highway No. 82;
thence 5 07'36' W 54.92 feet to a point on line 2-3 of said North
Texas Millsite whence Corner No. 2 of said North Texas Millsite bears
S 74'30' E 125.15 feet;
thence N 74'30' W 55.94 feet along line 2-3 of said North Texas Millsite
to Corner No. 3 of said North Texas Millsite, the point of beginning.
COUNTY OF ?MIN,
STATE OF COLORADO.
•
RECEPTION#: 592164, 09/12/2012 at 03:38:35 PM, 1 OF 3, R $21.00
DF $0.00 Janice K. Vos Caudill, Pitkin County, CO
R£CORD1NG REOUESTED BY;
Johnson & Replied, LLP
Attn: Eben P. ClarkEsq.
2521 Broadway, Suite A
Boulder, CO B0304
BARGAIN AND SALE DEED
Villa of Aspen Townhouses Association, Inc., Colorado corporation, whose address is 100 N.
Eighth Street, #8, Aspen, Colorado 81611, for the consideration of Ten ($ 10.00) Dollars, hereby sells
and conveys to Petra Gregory and Kirk Gregory, as joint tenants, whose address is P.O. Box 10055,
Aspen, Colorado 81612, the real property in the County of Pitkin, State of Colorado, as described in
Exhibit A hereto.
Specifically excluded from this legal description is all of the land of the Villa of Aspen
Townhouses Association as shown on the "Condominium Map Villa of Aspen Townhouses" as
recorded at Book 4, Page 269 and the "Villa of Aspen Townhouses — 1& P.U.D. Amendment" as
recorded at Book 22, Page 52 both in the records of the Pitkin County Clerk and Recorder.
A Site improvement Survey depicting the legal description is attached hereto as Exhibit BA
DATED this 1 s422' day of September, 20I2.
VILLA OF ASPEN TOWNHOUSES
ASSOCIATION, INC.
Neil Siegel, President
STATE OF LAD ou, t) 0
COUNTY OF p
The foregoing instrument was acknowledged before me this _ day of September, 2012, by
Neil Siegel as President of Villa of Aspen Townhouses Association, Inc., a Colorado corporation.
[Seal]
S SS.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires: 1 a- — 3 r5 • o i
(00211I6411 1
U00009
RECEPTION#: 592164, 09/12/2012 at 03:38:35 PM, 2 OF 3,
Janice K. Voa Caudill, Pitkin County, CO
EXR1IIr A
to
Bargain & Sale Deed
PREPARED BY
ASPEN SURVEY ENGINEERS, INC.
210 SOUTH GALENA STREET, SUITE 22
ASPEN COLORADO 81611
A PARCEL OF LAND BEING PART OF THE NORTHEAST'/. OF THE SOUTHWEST'/,
OF SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th PRINCIPAL
MERIDIAN, SAID PARCEL BEING MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE CORNER NO. 3 OF THE NORTH TEXAS MILLSITE
U.S.M.S. NO. 3288 BEARS N 74°30'00" W 1.98 FEET;
THENCE S 74°30'00" E 29.38 FEET ALONG LINE 2-3 OF SAID NORTH TEXAS
MILLSITE;
THENCE THE FOLLOWING CALLS ALONG THE NORTH BOUNDARY OF THE VILLA
ANNEXATION TO THE CITY OF ASPEN (RECEPTION NO. 153358);
THENCE S 09°05'27" W 5.82 FEET;
THENCEN 80°54'33" W 9.15 FEET;
THENCE S 09°05'27" W 3.30 FEET;
THENCE N 80°54'33" W 18.05 FEET;
THENCE N 09°05'27" E 3.30 FEET;
THENCE N 80°54'33" W 2.00 FEET;
THENCE N 09°05'27" E 9.10 FEET TO THE POINT OF BEGINNING.
CONTAINING 277 SQ.FT. +/-
COUNTY OF PITKIN,
STATE OF COLORADO.
pmui 6/I f
000010
RECEPTION#: 592164, 09/12/2012 at 03:38:35 PM, 3 OF 3,
Janice K. Vos Caudill, Pitkin County, CO
000011
000012
VICINITY MAP
C %General CADD 101GxdtGxd1ASPENGPSTIES-S gxd — 06/932013 — 09.37AM-- Scale 1 - 1700.00
5'113000031
10 Harbour Lane
Mailing: P. O. Box 10055
Aspen, Colorado, 81612
June 10, 2013
Lance Clarke
Community Development Department
Pitkin County, Colorado
Dear Mr. Lance Clarke:
As owners of 10 Harbour lane, Aspen, Colorado, we authorize you to process this application and to
appoint Graeme Means as our representative.
Sincerely,
Kirk and Petra Gregory
A/::Y
DVJ-4 ?Cl'r?Set-3
000013
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and . R. fz ¶ � qr �(r_�
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for -g,c p A LA e..i Gs F
Cok/iU 2 At/ S ritzy►cry-t ,Lim (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30-2009 establishes a
fee structure for land use applications and the payment of ail processing fees is a condition precedent to a
determination of application completeness. The fee structure is based on the County's policy that
development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be
consistent and fair to the public and to reflect the expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it may not be possible at the time of application.to ascertain the full extent of the costs involved in
processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications
shall accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY.Tstaff 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.
6. 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 a base fee in the
amount of $ /fig (, c� which is based on 6 hours of staff time, and if actual time spent by staff to process the
application exceeds the average number of hours by more than 20%, then the COUNTY will bill the
APPLICANT quarterly for the additional time spent. 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 APPLICANT
Cindy Houben
Community Development Director
Effective 1/26/10
G:countyladminlformslagreement to pay
Print Name
Signature
Date: Y 7e, L z / "j
Mailing Address: '-c o 5 r (7 i s tz t v_,
000014
P-73 $'I23 0003/
31 ASPEN VILLAS LLC
201 N MILL ST #203
ASPEN, CO 81611
ASPEN COLORADO LLC
100 N 8TH ST #5
ASPEN, CO 81611
ATKINSON SUZANNE E
100 N EIGHTH ST #19
ASPEN, CO 81611
BLAIR ALISON & WINFORD R
941 W HALLAM
ASPEN, CO 81611
BORDERICK MARK
939 W HALLAM
ASPEN, CO 81611-1163
BROWN ALBERT L JR QPRT
1767 E MCMILLAN ST
CINCINNATI, OH 45206
BUDD MARTIN & AVIVA
215 OCEAN DR WEST
STAMFORD, CT 06902
CURTON CONDO ASSOC
COMMON AREA
939 W FRANCIS ST
ASPEN, CO 81611
ECKART CHARLES F
119 MAPLE LANE
ASPEN, CO 81611
FRANCIS STREET LLC
PO BOX 1365
ASPEN, CO 81612
AARONS MARTHA REV TRUST
100 N 8TH ST#26
ASPEN, CO 81611
ASPEN SQUARE CONDO ASSOC INC
617 E COOPER
ASPEN, CO 81611
BENDON CHRISTOPHER J
920 W HALLAM ST
ASPEN, CO 81611
BLANZ JAMES M
6344 NW 50TH ST
CORAL SPRINGS, FL 33067
BRADY KAREN KAY
15 CASTLE HARBOR IS
FORT LAUDERDALE, FL 333086011
BRUFF SHERLYNNE GUEST
1245 OLD TALE RD
BOULDER, CO 80303
CITY OF ASPEN
ATTN FINANCE DEPT
130 S GALENA ST
ASPEN, CO 81611
DEPAGTER JACOBUS ADRIAAN
PO BOX 182
ASPEN, CO 81612
EIDSON JOY REVOCABLE TRUST
100 N 8TH ST #9
ASPEN, CO 81611
FRASER KRISTINA B & GOLDSTEIN
JEFFREY S
1025 S RACE ST
DENVER, CO 80209
ALDERFER JOHNNIE MAE
PO BOX 10880
ASPEN, CO 81612
ASPEN TOWNHOME LLC
2151 ROCKCRESS WY
GOLDEN, CO 80401
BEN-HAMOO PATRICE CONYERS
PO BOX 2902
ASPEN, CO 81612
BLUE MARCUS J
910 W HALLAM ST #11
ASPEN, CO 81611
BRITTINGHAM JOHN SHELBY
100 N 8TH ST #22
ASPEN, CO 81611
BRUNT FAMILY LTD PARTNERSHIP
3814 CROWN BAY #8
ST THOMAS VIRGIN ISLAND 00802,
CRYSTAL PALACE CORPORATION
PO BOX 32
ASPEN, CO 81612
DITTMAR KRISTIN
945 W HALLAM AVE
ASPEN, CO 81611
FELDMAN BARBARA S & CHESTER
PO BOX 8193
ASPEN, CO 81612
GABEL PAMELA SUE
PO BOX 2686
GLENWOOD SPRINGS, CO 81602
uuUO15
GIBANS JONATHAN
100 N 8TH ST UNIT 1
ASPEN, CO 81611-3145
HARPER DONNA M REV TRUST
27 PELICAN PL
BELLEAIR, FL 33756
KOSFIELD ASPEN LC
100 SE SECOND ST #2800
MIAMI, FL 33131
MADSEN GEORGE W JR & CORNELIA G
931 W FRANCIS ST
ASPEN, CO 81611
MATTHEWS DEE R
5121 52ND ST NW
WASHINGTON, DC 20016-4379
OTT JOHN & CAROL M
129 LITTLE ELK CREEK AVE
SNOWMASS, CO 81654-9318
PINION PROPERTIES LLC
218 E VALLEY RD #104-335
CARBONDALE, CO 81623
REED BRENT H
100 N 8TH ST #6
ASPEN, CO 81611-1124
S&G INVESTMENTS LLC
C/O KENT SECURITY SERVICES
14600 BISCAYNE BLVD
N MAIMI BEACH, FL 33181
SANZONE SHERI A
920 W HALLAM ST
ASPEN, CO 81611
GILES NATHAN R
NOURIAN NASIM
1380 W AUTO DR
TEMPE, AZ 85284
HATCH DEBORAH SMITH REV TRUST
50%
PO BOX 12366
ASPEN, CO 81612
LENK MEREDITH
PO BOX 4415
ASPEN, CO 81612
MANDERSON NANCY R 50%
2212 RICE BLVD
HOUSTON, TX 770052628
MCNAIR STEPHEN & STACY
2 STILLFOREST
HOUSTON, TX 77024
OTTEN DOUGLAS & GLENDA
5103 SEA PINES DR
DALLAS, TX 75287
PITCHFORD BARBARA
PO BOX 8812
ASPEN, CO 81612
ROTHMAN MARKS & SANDRA C
100 N 8TH ST #12
ASPEN, CO 81611
SAGEWOOD CONDO ASSOC
COMMON AREA
910 W HALLAM ST #4
ASPEN, CO 81611
SCHOLL GEORGE H & DIONE DEL
MONICO
911 W FRANCIS ST
ASPEN, CO 81611
GORTAN TIZIANO & ENRICA U
260 COLUMBINE CT
BASALT, CO 81621
KEILIN KIM MILLER TRUST
PO BOX 10064
ASPEN, CO 81612
LEVINE MICHAEL A
100 NORTH 8TH ST, #11
ASPEN, CO 81611
MARKEY PETER & CHRISTINE
922 W HALLAM
ASPEN, CO 81611
NEW MONICA DAHLING
12342 MONTANA AVE #2
LOS ANGELES, CA 900495236
OVERTON PATRICIA J
100 N 8TH ST #24
ASPEN, CO 81611
RAKESTRAW RONALD L
947 W HALLAM ST
ASPEN, CO 81611
RUECKERT WILLIAM
850 HULLS FARM RD
SOUTHPORT, CT 06890
SANCHEZ ANDY L & MICHELLE MAINS
PO BOX 1801
ASPEN, CO 81612
SHAPIRO MARK
4554 ROCK RIDGE LN
AKRON, OH 44333
UU[16
SHERMAN GARY M
100 N EIGHTH ST #4
ASPEN, CO 81611
STRASSBURGER SARAH E
910 W HALLAM ST
APT 3
ASPEN, CO 81611-1158
VALLEY MIA C
100 N 8TH ST #20
ASPEN, CO 81611
WAPITI RUNNING LLC
PO BOX 1003
ASPEN, CO 81612
WILLIAMS DAVID A & BONNIE JO
100 N EIGHTH ST #18
ASPEN, CO 81611
ZUCKERMAN NORBERT A REV TRST
50%
27777 FRANKLIN RD #2500
SOUTHFIELD, MI 48034
00017
SHURMAN JOHN & CAROLYN
100 N 8TH ST #29
ASPEN, CO 81611
STUART DONA
PO BOX 11733
ASPEN, CO 81612
VILLA 15 LLC 50%
PO BOX 1307
ASPEN, CO 81612
WERNER MICHAEL 8
3960 HOWARD HUGHES PKWY #700
LAS VEGAS, NV 89169
WYLY CHERYL R MARITAL TRST
3905 BEVERLY DR
DALLAS, TX 75205
SIEGEL ELIZABETH N & NEIL B
100 N 8TH ST UNIT 8
ASPEN, CO 816113145
TALENFELD ELIZABETH G
915 W FRANCIS ST
ASPEN, CO 81611
VILLAS OF ASPEN TOWNHOUSES
ASSOC
COMMON AREA
100 N EIGHTH ST
ASPEN, CO 81611
WEST SOREN P & KAREN C
853 PLEASURE RD
LANCASTER, PA 17601
ZUCKERMAN HELEN LIV TRUST 50%
280 DAINES STE 202
BIRMINGHAM, MI 48009
PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY
PROJECT: Gregory Expansion of Non -Conforming Structure
LOCATION: 10 Harbour Lane PID# 273512300031
ZONING: R-15 SIZE: 5,000 sq. ft. +/-
OWNERS: Kirk and Petra Gregory
REPRESENTATIVE: Graeme Means PHONE and EMAIL: 925-9150
gdmarchitect@gmail.com
DATE: November 1, 2012 PLANNER: Lance Clarke, 920-5452
Type of Application: Expansion of Non-Conforming'Structure with Significant Changes
Description of Project/Development: The Applicant desire to obtain approval for construction of approximately 300 sq.
ft. of additions to the existing structure. The structure currently exceeds allowable floor area. Proposed expansion is within
100' streamside setback but could maintain a 50'setback.
Land Use Code Sections to be addressed in letter of request (application):
Sec. 9-50,20 (c) (3): Exemption for 300 sq. ft. Expansion in Riparian Setback
Sec. 9-50-30 (a)-(d): Expansion of Non -Conforming Structure with Significant Changes
Staff will refer the application to the following agencies: City of Aspen Planning l
Review by: BOCC
Public Hearing: Yes. The Applicant shall post a public notice sign on the property at least 15 days prior to the date
specified for the Public Hearing pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the Applicant shall
mail notice at least 30 days prior (by first class mail) to all property owners and mineral estate owners within a 300 foot
radius of all property lines with the return address of the Community Development Department (form of notice to be
obtained from the Community Development Department). The names and addresses shall be those on the current tax
records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing.
FEES: $ 2,014.00 Total (Please make check payable to "Pitkin County Treasurer")
■ Planning Office flat fee: $1, 560.00 (non-refundable; based on 5 hours of staff time. If staff review time exceeds 6
hours, the Applicant will be charged for additional time above 5 hours at a rate of $312/hour).
o Public Notice Fee: $54
o Web Technology Fee: $25
o Clerk Fee: $375
To apply, submit 6 copies of the following information, unless noted otherwise:
Submit one unbound copy with no pages larger than 11" x 17" and one set of large maps:
1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing each of
the provisions of the Pitkin County Land Use Code identified above in sufficient detail to demonstrate that all
substantive review criteria have been met. Summarize existing conditions, current uses and proposed future uses or
expansions as described in Section 1.1 through 1.8 of the Pitkin County Land Use Application Manual.
2. Drawings/ pictures of existing conditions and proposed additions.
3. Proof of ownership of subject property as designated in Section 1.3 of the Pitkin County Land Use Application Manual.
QUtO1V
4. Parcel description, including legal description and 8-1/2" x 11" vicinity map locating the subject property within Pitkin
County.
5. Consent from all owners to process application and authorizing the representative.
6. Total fee for review of the application.
7. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees.
8. List of all property and mineral estate owners within a 300 foot radius of all parcel lines.
9. A copy of this Pre -application Conference Summary form.
NOTES:
➢ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE
SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE
PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION.
➢ ALL MAPS SHALL BE FOLDED.
> AT LEAST ONE COPY OF APPLICATION SHALL HAVE ALL DOCUMENTS AT NO LARGER THAN 11 'X 17"
SHEETS. .
> This pre -application conference summary is advisory in nature and not binding an the County. The information
provided in this summary is based on current zoning standards and staff's interpretations based upon
representations of the applicant. Additional information may be required upon a complete review of the application.
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