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HomeMy WebLinkAboutpitkin.planning.273514202007 (2006)(1)~, 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 copies (11x17) RESOLUTION OF THE BOARD OF COUNTY COMIVIISSIONERS OF PITKIl~I COUNTY, COLORADO, APPROVING THE SOUTH POINT CONDO LLC EXPANSION OF NON- CONFORMINGUSE WITH SIGNIFICANT BUILDING MODIFICATIONS FOR UNIT 7 OF THE LE CHAMONIX CONDOMILV][UMS Resohition No.~--200 ~ RECITALS 1. Steve Barrett ("Applicant") has applied to the Pitkin County Board of County Commissioners for Expansion of a Non-conforming Use with Significant Changes for the following areas of the Unit: (1) an existing deck of 340 square feet on the north side of the unit is proposed to be expanded i 93 square feet; {2) an existing deck of 115 square feet on the south side of the unit is proposed to be enclosed; and (3} a crawl space of 5'6" in the basemel~t is proposed to be dug out to increase height and be ccanverted into habitable living area. 2. 1501 Maroon Creek Road, Unit 7 Le Chamonix Condominium, (within the UGB). P1D# 2735-142-02-010 (Legal Description, Attachment A}. 3. Unit 7 is approximately 1,296 square feet. Le Chamonix Condominiums are a legal non-conforming use in the AR-10 zone district. 4. The BOCC considered-this application at a duly noticed public hearing on January 10, 2007 at which time evidence and testimony were presented with respect to this application. 5. The BOCC has determined that the proposal to enclose the south side deck and expand the north side deck meets the criteria established in Section 9-50-30 of the Land Use Code, and therefore finds the proposal to be appropriate. The proposal to excavate basement crawl space and to convert it into habitable living space does not meet the criteria established in section 9-50-30 of the Land Use Code and is herby denied. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that they hereby approve the South Point Condo LLC Expansion of a lion-conforming Use with Significant Building Modifications subject to the conditions outlined below: 1. The Applicant shall adhere to all material representations made during the application process. 2. The Applicant shall not expand the two decks any farther than what was presented in the application. Specificallythe-north side deck shall.be expanded 193 square feet and the south side deck of 115 square feet shall be enclosed and not expanded any farther. 3. Failure to comply with this condition 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. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIl1~S WEEKLY on 10'~ day of December, 2006. APPROVED this 1Q~ day of January, 2007. BOARD OF COUNTY COMMISISONERS OF P COUNTY, RADO By Mic a Owsley, hair Date 3 -2 ~ -rs ~I ~3~~~~ Page: 1 of 3 03!06/20@7 12:141 JANZCE K VOS CAUDILL PITKIN COUNTY CO R 0.@0 Q 0.00 13pCC Resoturian No.l~03~ 2407 Page 2 ATTES 1 ~~~ qpp _ li AS T®^_ .-s ~ ~.,~,,F.. -- 3o1u2 Bly, County Attorney P249-06; P~#2135-142-42-0610 pppROV'~D AS TO GG~NT~ Cindy Houben, Community Development Director ~~~~~~ Page: 2 of 3 03f08l2007 i2:14f JANICE K VOS CRUDILL PITKIM COU~3TY CD ~ fd,1a(d ~ ~,®g LeQai Descr~p#ion tlttachmentr~ CONDO: LE C~MpNIX UNTT:7 535't ~~ Page; 3 of 3 03!06/2007 12:14f JANICE K VOS CAUDILL PITKIN COUNTY CO R ®.0@ ~ 0.00 ~~ ~ ~~ MEMORANDUM TO: Board of County Commissioners: Pitkin County, Colorado FROM: Mike Kraemer, Planner ~ ~~~ f ~ ~ie,r ~~ South Point Condo LLC Expansion of aNon-conforming Use with Minor Building Modifications. DATE: January 10, 2007 REQUEST: The Applicants request approval to expand a walkout deck, enclose a walkout deck, and convert approximately 600 square feet of basement crawl space into habitable living area in anon-conforming condominium. APPLICANT: Steve Barrett LOCATION: 1501 Maroon Creek Road, Unit 7 Le Chamonix Condominiums, (within the UGB). PID# 2735- 142-02-010 (Legal Description, Attachment A) ZONING/LOT SIZE: The unit contains approximately 1,296 square feet. Le Chamonix is anon-conforming multi-family use in the AR-10 zone district. 2005 AERIAL PHOTOGRAPHY: The unit is highlighted in green. ~4 ..~_. ~ ~` {. ~ by r r Y~... _, _ .qW ~~ ~ ~, .. ~~ ~ ~ ~ ~, ,5 ~' .~ ~' y by ~° ~ " ~.- ~ Legend .~ ~° -Water Parcels '~ Hwy 82 // o~G~~ Roads ~o t, ,,, 1 00000 REFERRAL AGENCIES: The application was referred to the Zoning Officer, Joanna Schaffner (Attachment B) who has expressed concerns about piecemeal expansion of anon-conforming use. Schaffiier's comments provide a history of permitted work in Le Chamonix units and relate to Staff concerns of the proposal. The Maroon/Castle Caucus was also referred and did not submit comments. REQUESTS, PREVIOUS APPROVALS, and ANALYSIS: The Applicant is requesting approval to expand floor area in three separate areas of the unit. These areas include: (1) an existing deck of 340 square feet on the north side of the unit is proposed to be expanded 193 square feet; (2) an existing deck of 115 square feet on the south side of the unit is proposed to be enclosed and converted into habitable living area; and (3) a crawl space of 5'6" in the basement is proposed to be dug out to increase height and converted into habitable living area. No previous land use approvals apply to the Unit. Zoning changes in the 1970's and 1980's transformed Le Chamonix into a legal non-conforming multi-family dwelling in the AR-10 zone district. As a result of this non- conforming designation Le Chamonix units may not increase floor area or make significant changes without BOCC approval. The Applicant has requested to expand the north deck by 193 square feet and enclose the south deck (115 square feet). The expansion of the north side deck is proposed as a lateral expansion that will become flush with the unit's exterior walls. The expansion will not project any farther from the unit. The Applicant proposal to enclose the south side deck will achieve what many other units at Le Chamonix have already completed. The Applicant's request to excavate crawlspace (approximately 600 square feet) in the basement of the Unit and convert it into habitable living space warrants more analysis. The Applicant has stated that Unit 8 recently received BOCC approval to convert identical space into habitable living area (BOCC Resolution No. 90-2006) and Unit 7 should be afforded the same approval. However there are fundamental differences between the basement in Unit 7 and Unit 8. Unit 8 was granted BOCC approval in 1983 for repairs, alterations, and restoration pursuant to section 7-1.20 of the 1979 Land Use Code. In 1991, operating under this Resolution, a building permit for Unit 8 was submitted and plans were approved to shore up sagging overhead beams by pouring concrete footings and erecting reinforcement beams, and to install proper venting to mitigate for radon leakage. Part of the repair work included over-excavation of the crawl space to pour a concrete slab. As a result of the over-excavation the entire height of the basement was increased to approximately 8'. The basement/crawl space was still considered uninhabitable and exempt from floor area calculations until the BOCC granted its most recent approval to convert the area from uninhabitable to habitable. Staff is concerned with piecemeal development and expansion of amulti-family non-conforming use. Concerns stem from not fully understanding what the potential impacts are of a full build out scenario for all 12 units in the complex. Impacts may include increased traffic generation, parking, fire safety, structural integrity of the units, and potentially unstable slopes during and after basement excavation. During the pre-application conference meeting Staff recommended the Applicant present a conglomerate application and proposal for expansion of all units at Le Chamonix. At this time, Staff feels that piecemeal expansion on a unit-by-unit basis is no longer appropriate for Le Chamonix and a comprehensive approach should be employed. STAFF COMMENTS: RESTORATION OR EXPANSION OF NON-CONFORMING USE OR STRUCTURE WITH SIGNIFICANT BUILDING MODIFICATIONS The Applicant has applied under the section 9-50-30 of the 2006 Land Use Code. The BOCC may permit modifications to anon-conforming use, subject to compliance with the standards in this section. 2 000002 A. Adverse Impacts and County Land Use Policies: Response: Staff believes, that the conversion of uninhabitable crawl space into habitable living area and expansion of deck space will create impacts that are not fully understood yet by Staff. It is unclear at this time if the proposal will violate any County Land Use Policies. B. Consistency with Master Plans: The use or structure is generally consistent with adopted mater plans for the area and adjacent land use; Response: Staff believes that the current use of the structure and 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. However it is unclear to Staff at this time if the current proposal and potential future requests to expand anon-conforming use will be consistent with the AACP. The multi-family residential use of Le Chamonix is consistent with adjacent land uses in the area as it is located across from Aspen Highlands Village. 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 d~culties and hardships which arise from the existing restrictions upon repair, alteration or restoration; OR 2. Improve the function and appearance of the use. Response: Staff believes that by allowing the Applicant to convert the uninhabitable space into habitable constitutes an improvement in the function and appearance of the space. The conversion will improve the function of the Unit as the Applicant will have more habitable living space. The Unit's appearance will be enhanced as a finished basement will aesthetically look better than its current use as storage area. Laterally expanding the north side deck will allow the Applicant to have a deck that is flush with the side exterior walls of the Unfit. The south side deck to be enclosed will be consistent with other decks that have been already enclosed. D. Development Exactions: Response: Upon building permit review square footage calculations will be conducted and development exactions will be applied. RECOMMENDATION: Staff recommends the Board adopt a motion to deny the South Point Condo LLC Restoration/Expansion of aNon-conforming Structure or Use with Minor Building Modifications subject to the attached draft BOCC Resolution. ATTACHMENTS A. Legal Description B. Schaffner comments * Mr. Kraemer is a professional planner with a Bachelor's of Science in Economics and Sociology from the University of Wisconsin-La Crosse and Master's of Science in Urban and Regional Planning from the University of Wisconsin. Mr. Kraemer works for the Pitkin County Community Development Department and reviews land use applications under the Pitkin County Land Use Code. OOOUD~ RESOLUTION OF THE BOARD OF COUNTY CONIlVIISSIONERS OF PITKIN COUNTY, COLORADO, DENYING THE SOUTH FOINT CONDO LLC EXPANSION OFNON-CONFORMING USE WITH SIGNIFICANT BUILDING MODIFICATIONS FOR UNIT 7 OF THE LE CHAMONIX CONDOMINIUMS Resolution No. -2006 RECITALS 1. Steve Barrett ("Applicant") has applied to the Pitkin County Board of County Commissioners for Expansion of aNon-conforming Use with Significant changes in the following areas of the Unit: (1) an existing deck of 340 square feet on the north side of the unit is proposed to be expanded 193 square feet; (2) an existing deck of 115 square feet on the south side of the unit is proposed to be enclosed and converted into habitable living area; and (3) a crawl space of 5'6" in the basement is proposed to be dug out to increase height and be converted into habitable living area. 2. .1501 Maroon Creek Road, Unit 7 Le Chamonix Condominium, (within the UGB). PID# 2735-142-02-010 (Legal Description, Attachment A). 3. Unit 7 is approximately 1,296 square feet. Le Chamonix Condominiums are a legal non-conforming use in the AR-10 zone district. 4. The BOCC considered this application at a duly noticed public hearing on January 10, 2007 at which time evidence and testimony were presented with respect to this application. 5. The BOCC has determined that the proposed application does not meet the criteria established in Section 9- 50-30 of the Land Use Code, and therefore finds the proposal to be inappropriate. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that they hereby deny the South Point Condo LLC Expansion of aNon-conforming Use with Minor Building Modifications. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on 10'~ day of December, 2006. DENIED this l Oh day of January, 2007. BOARD OF COUNTY COMMISISONERS OF PTTKIN COUNTY, COLORADO ATTEST: Bonnie Waechtler, Administrative Assistant APPROVED AS TO FORM: John Ely, County Attorney P249-06; PIDi#2735-142-02-0010 By Michael Owsley, Chair Date DENIED AS TO CONTENT: pr. ~c, ~~ ci{ CirYdy ouben, _ ~ Community Development Director oooo,a~: M E M O R A N D U M TO: Mike Kraemer, Planner FROM: Joanna S. Schaffner, Zoning Officer DATE: January 4, 2007 ~: Le Chamonix - Expansion of a non-conforming use I have reviewed the above referenced application and offer the following comments. ' The subject site contains approximately 2 acres,.is zoned AR-10, and is located within the Urban Growth Boundary. Existing development around the site includes the Heatherbed Lodge (AR-2) to the south, the Aspen Highlands Ski Resort across the street, and the Skyview Subdivision (AFR-2) across the creek. Lands within the City of Aspen surround this site on three sides. Both lot size and use are non-conforming for the AR-10 zone district. Only two zone districts within the UGB allow multifamily development; the B-2 (AABC), and the AH (Affordable Housing). History BOCC 79-43 granted Le Chamonix an unconditional Exemption from Abatement. A summary of the building record, attached as Exhibit A, appears to suggest that since Le Chamonix became burdened with the status of "non-conforming", minor expansions to floor area have occurred without required permits. Last summer the BOCC approved a similar expansion of floor area to unit 8, which allowed the crawl space area below the unit to become habitable space. The difference between that area and the subject of this application is that the area below unit 8 was previously excavated when the structure required structural reinforcement. The subject application proposes a new full-excavation of the area beneath the unit. SETBACKS Maroon Creek Road is identified in the Land Use Code as a Collector Street, and has a required setback of 50 feet ooooos ., ,w measured from the road right-of-way. The applicant has not demonstrated that the deck proposed for enclosure complies with this setback. If not, a variance from the Board of Adjustment is necessary to allow for this increased encroachment into the setback. There is also a 30 foot .front yard setback requirement. FLOOR AREA There is currently no maximum allowed floor area for this site. CONCLUSION The BOCC may find that recent development of the surrounding area, and no available zoning compatible for the existing use discount concerns of the expansion of this non-conforming use, and may find the proposed improvements acceptable. If so, the BOCC might wish to consider the following conditions: 1. Stop the review of individual units and require the Homeowners submit an application requesting an expansion of the non-conforming use with a limitation on total allowed floor area. The requested amount of expansion should include total build out, including deck enclosures and excavated basements for all twelve units. 2. Has the HOA been referred this application? The applicant should submit the written approval of his HOA prior to the hearing date. 3. Establish a building envelope around the back of the unit or building to prevent disturbance to the "slope, and require fencing if requested by the land use engineer. ooooos STEVEN R. BARRETT 150 N Market . Wichita, KS 67202 (316) 262-6400 s FAX (316) 265-9395 e-mail: sbarrett@weigand.com November 1, 2006 Mr. Mike Kraemer, Planner Aspen/Pitkin County Community Development 120 S. Galena Aspen, CO 81611 Re: Unit 7, Le Chamonix Apartments, a Condominium Dear Mike: Enclosed you will find 9 copies of the Pitkin County Pre-Application Conference Submittal far review. I have also attached a check for $1,205.00 for the Pitkin County Planning Department review fee. Please let me know if there is anything else that I need to address. Thank you for you continued assistance during this process, I really appreciate your input. I look forward to hearing from you. Sincerely, ~~ Steven R. Barrett\~ oooooi Pitkin County Pre-Application Conference Submittal Le Chamonix Unit #7 1501 Maroon Bells Road Aspen, Colorado OOOUa2 TABLE OF CONTENTS TABLE OF CONTENTS Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Summary Letter Request Previous Land Use Approvals Proof Of Ownership Parcel Description, Legal, And Vicinity Map Application Fee Signed Fee Agreement Consent From Owners List Of Adjacent Property Owners Pre-Application Form Architectural Rendering Of Unit #7 Pictures 00000: TAB 1 d~~~ October 27, 2006 Mr. Mike Kraemer, Planner Aspen/Pitkin County Community Development 120 S. Galena Aspen, CO 81611 Re: Unit 7, Le Chamonix Apartments, a Condominium Dear Mike: Please consider this letter an application pursuant to Section 9-50-30 of the Pitkin County Land Use Code, Restoration or Expansion of Non-Conforming Structure with Significant Changes. As we discussed at our last meeting we purchased Unit 7, Le Chamonix on August 15, 2006. Le Chamonix was legally built, but subsequent zoning changes have made the multi-family condominiums non-conforming, prompting our Pitkin County Pre-Application Conference. Le Chamonix is a twelve unit multi-family condominium project located within the urban growth boundary generally located at 1501 Maroon Creek Road in Aspen, Colorado. The condominiums were built in 1965 and located directly across the street from the Ritz Carlton/Aspen-Highlands. Unit 7 is currently rented to the Ritz Carlton for employee housing. The general location of Le Chamonix, ability to park up to three vehicles in front of Unit 7 and a conveniently located public transportation bus stop directly in front of the Le Chamonix make it an ideal property for the Ritz Carlton's employees. Since Unit 7 has not been remodeled since the .original construction it is our intent to request from the Board of County Commissioners "BOCC" the ability to update Unit 7 including but not limited to the following: 1. Enclosing the second floor deck along Maroon Creek Road. Currently Unit 7 is the only condominium with a second floor deck facing the south, along Maroon Creek Road that has not been enclosed. 2. Reconstruction/replacement and enlargement of the existing first floor patio/deck facing north along Maroon Creek. 3. Creating additional living space in the basement/crawl space. Similar to Unit 8 which was approved by the BOCC earlier this year and is in the finishing stages of construction. There are a number of criteria that the BOCC needs to review pursuant to this code section. 1. The BOCC should find that the adverse impact of the non-conforming structure on the neighborhood or the County or any inconsistencies with the County land use policies are tolerable. We do not foresee any adverse impacts or inconsistencies with County policies associated with our application. This application seeks to create a more uniform look to the condominium 000005 complex along Maroon Creed Road in regard to the enclosure of the second floor deck to match the existing condominiums at Le Chamonix as well as reconstruct and enlarge the existing first floor patio/deck along Maroon Creek with new materials that will provide a uniform appearance from the north. 2. The structure must be consistent with the master plan and adjacent land uses. There is no change in use proposed in our request. The structure footprint will not change and will be consistent with other similarly sized condominiums in the complex and the surrounding area. There will be no changes or impact on adjacent land uses as a result of this application. 3. The Applicant must demonstrate that the purpose of the development is to: (1) meet practical difficulties and hardships that arise from existing restriction on repairs, alterations or restoration; or (2) to improve the function and appearance of the structure. We believe that the granting of this application will enhance the overall appearance and improve the function of the structure. Unit 7 is the only property of the 12 condominiums at Le Chamonix which does not have an enclosed second floor deck facing Maroon Creek Road. Enclosing the second floor deck will help maintain a consistent appearance. Additionally, the current first floor deck/porch along the back of the property facing Maroon Creek is in need of updating. There are several condominium owners at Le Chamonix who have recently or are in the process of replacing and/or remodeling their decks with updated materials. We wish to improve the function and appearance for Unit 7 as we-I as provide an aesthetically appealing appearance for all homeowners by updating our first floor deck. This application also seeks to ratify the use of the crawl space as habitable space similar to Unit 8. Currently we have just less than six feet of head room available in the basement/crawl space and a minor amount of excavation will be necessary. We feel that we can accomplish additional habitable basement space with out increasing the footprint of the unit and therefore meet the criteria of this section. 4. The Applicant must make all required dedications to the County in accordance with the exactions section of the Code. There will be no current exaction associated with the proposal, since there is no change in footprint or FAR, or number of bedrooms. Thank you for your consideration concerning this project. We look forward to having this placed on the next available BOCC agenda. Sincerely, ~,__ Steven R. Barrett ooooos TAB 2 O~DUO°7 October 27, 2006 Mr. Mike Kraemer, Planner Aspen/Pitkin County Community Development 120 S. Galena Aspen, CO 81611 Re: Previous Land Use Approvals Unit 7, Le Chamonix Apartments, a Condominium Dear Mike: Per the Pitkin County Pre-Application Conference Summary dated October 27, 2006 I have been asked to address the previous land use approvals as part of the submittal process. It is my understanding that Le Chamonix is anon-conforming use in the AR-10 zone district with very little activity since the original construction in 1965. Several condominium units have performed minor remodeling projects over the years with out needing any land use approvals. Recently Unit 8, owned by Lee and Mel Eagle are under construction for a major remodel which required a BOCC hearing to convert an uninhabitable basement into a habitable living space. This is the extent of my knowledge concerning any previous land use approvals concerning Le Chamonix. Please call if you have any further questions. Sincerely, ..--~ -Fl-~~ Steven R. Barrett 00000~~ TAB 3 OQ~C~® -. p ~I I~ Documentary Fee $ 95.00 JRtd I~ F K VOS CRUOILL PITKIN COUtJTY CO R~ 16 . WARRANTY DEED THIS DEED, made August 15, 2006, Between DANIEL K. MILLER and NANCY L. MILLER of the County of ,State of MD, GRANTOR, AND SOUTH POINT CONDO, LLC, GRANTEE whose legal address is :150 N. MARKET, WICHITA, KS, 67202 of the County of ,State of KS ~2~~~~ Page: i of 3 0$/16/2006 01:A7' 00 Q 95.00 WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, its heirs and assigns forever, all the real property together with improvements, if any, situate and lying and being in the County of PITKIN, State of COLORADO, described as follows: CONDOMINIUM UNIT 7, LE CHAMONIX APARTMENTS, A CONDOMINIUM, as described and defined in the Condominium Declaration for Le Chamonix Apartments, A Condominium recorded September 27, 1966 in Book 223 at Page 69 and December 3, 1966 in Book 224 at Page 272. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its heirs and assigns forever. And the Grantor, for themselves, their heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, its heirs and assigns, that at the time of the ensealing and delivery of these presents, their is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit "A" attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, its heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed. SIGNATURES ON PAGE 2 Return to: GATES, KNEZEVICH & GARDENSWARTZ 533 E. HOPKINS ASPEN, CO 81611 JOHN KELLY 52544 TRANSFER QECLARATI4N RECEIVED @$11612006 ~~ c c 1 SIGNATURE PAGE TO WARRANTY DEED PAGE 2 ~-`_~. ~~ ~ ~--~. ~~~ DAI~TEL~R. MILLER ' STATE OF r~.~ t,~,~,!'A~ ) COUNTY O f~.~t'/,~C~', ,('~ _ti.l,)s ~-~ ,; NANCY L. MILLER ~/ r' i The foregoing instrument was acknowledged before me this 1`1 ~~ay of AUGUST, 2006, by DANIEL K. MILLER and NANCY L. MILLER. ~~ ~ ~ ~ WITNESS my hand and official seal ~; ~,~_, ~e~~~ my commission expires: ~_ ~ _~~ , ~ Notary Public ~i PCT20741 F ~~~~~~ Page: 2 of 3 0&/16/006 31:-~7' ,iANICE K VOS CRUDILL PITKIN COUNTY CO R 16.00 D 9.00 OOO~J11 EXHIBIT "A" 1. Taxes for the year 2006 not yet due or payable. c 2. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded April 7, 1913 in Book 55 at Page 507. 3. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Le Chamonix Apartments, A Condominium recorded September 27, 1966 in Book 223 at Page 69 and recorded December 13, 1966 in Book 224 at Page 272. 4. Terms, conditions, provisions, obligations and all matters as set forth in the Articles of Incorporation of Le Chamonix Association, Inc. recorded December 13, 1966 in Book 224 at Page 290 and Amendment thereto recorded November 17, 1993 in Book 731 at Page 703. 5. Terms, conditions, provisions, obligations and all matters as set forth in the By-Laws of Le Chamonix Association, Inc. recorded December 13, 1966 in Book 224 at Page 297, Certificate of Amendment recorded June 14, 1974 in Book 288 at Page 436, Certificate of Amendment recorded June 24, 1975 in Book 300 at Page 111, By-Laws of Le Chamonix Association, inc., recorded August 1, 1991 in Book 653 at Page 6, Certificate of Amendment recorded February 24, 1992 in Book 670 at Page 66, By-Laws of Le Chamonix Association, Inc., recorded October 28, 1992 in Book 692 at Page 755. II II II I II I I I III!'~~ IIII VIII I'il III I lUl! III I IIII IIII IIII ~~~~~~ Page: 3 of 3 08/i6/2006 0::A7e 00 D 95.0@ oooo' C ~ EXHIBIT "A" LEGAL DESCRIPTION CONDOPJIINIUM UNIT ~. LE CHAMONIX APARTMENTS, A CONDOMINIUM, as described and defined in the Condominium Declaration for Le Chamonix Apartments. A Condominium recorded September 27, 1966 in Book 223 at Paae 69 and December 3. 1966 m Book 224 at Paae 27~ ooooi TAB 4 ~~ ,. ®Q®~~ ~~~; ,~ t.°;:~ . ®®®®1~ OOOU17 . . TAB 5 ~;~ ~" r: °:~ ~~ .. ;.f >.s-` ~`~`~'~' 000018 ~+'00 i0 3 2ii' ~~"~: 10 i 1000 29~: 4 14 7 7 29 4i~' TAB 6 ooou~g PITKIIV COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY") and South Point ('undo, LLC (attn: Steve Barrettl, (hereinafter "APPLICANT") AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for 1501 Maroon Creek Road -Unit #7 Asnen, Colorado (hereinafter, the "PROJECT"). 2• APPLICANT understands and agrees that Pitkin County Ordinance No. 32-2002 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost of development review in the 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 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. 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 $1,205 which is based on S 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 Cindy Houben Community Development Director South Point Condo, LLC ("APPLICANT") s----_._ _~~-~' By: s Steven R. Barrett \ Print Name and Title (if applicable) v Date: f ~~Z-? ~D 6 Mailing Address: 150 N. Market Wichita, KS 67202 316.641.3268 ~~00~~ TAB 7 0000?1 AUTHORIZATION TO SUBMIT LAND USE APPLICATION The undersigned, Steven R. Barrett and Nestor R. Weigand, Jr., as the joint partners in South Point Condo, LLC, the record owners of the following described real property: Condominium Unit 7, LE CHAMONIX APARTMENTS, A CONDOMINIUM, as described and defined in the Condominium Declaration for Le Chamonix Apartments, A Condominium recorded September 27, 1966 in Book 223 at Page 69 and December 2, 1966 in Book 224 at Page 272. County of Pitkin State of Colorado; a/k/a Unit 7, 1501 Maroon Creek Road, Aspen, Colorado 81611; Hereby authorize Steven R. Barrett to submit a land use application on our behalf to Pitkin County for approval of restoration and alteration of anon-conforming use under the Pitkin County Land Use Code. And to submit any and all other applications and documents related thereto. Dated this ~~ day of October, 2006. South Point Cond LLC /p`~~ ~0 6 Steven R. Barrett, Member ~`' Date ~~/a~~©~ Nestor R. Weigand, `~~, Membe Date ~ V ~, OOOU2~ Statement of Authority (Section 38-30-172, C.R.S.} 1. This Statement of Authority relates to an entity named :SOUTH POINT CONDO, LLC 2. The type of Entity is a: _ corporation _ nonprofit corporation _X_ limited liability company _ general partnership ____ limited partnership ___. registered limited liability partnership - registered limited liability limited partnership _ limited partnership association _ government or governmental subdivision or agency -trust 3. The entity is formed under the laws of r~~t-ti~s~^TS 4. The mailing address for the entity is: lye' ~', tZ~~v etit ~~,~,~~~~-~ (Cj E7L c Z 5. The _X_ name -position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: STEVEN R. BARRETT 6. The authority of the foregoing person(s) to bind the entity is _X_ not limited ____ limited as follows: 7. Other matters concerning the manner in which the entity deals with interests in real property: 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. 9. This Statement of Authority amends and supersedes in ali respects any prior Statement of Authority executed on behalf of the entity. Executed this 1 ~~ day of AUGUST, 2006. Name:SOUTH POINT CON~C ~~., ~~'f `~ BY: STEVEN R. BARRETT "' ~.~ STATE OF '~ ~ c ,~ ~~ a } --~ } ss. COUNTY OF 'i""t~{-(,~.~ ,~ } The foregoing instrument was acknowledged before me this I ~~~ day of AUGUST, 2006 By:STEVEN R. BARRETT Witness my hand and official sea( My commission expires: PCT20741 JOY S. HiGEN5 NOTARY PUBLIC STA7',>E OF COI.ORADD . :..~~nrtt*asien ~t~piros esipxrzotio n I ~~~ !' Notary Pt.~b 'c \o `. N 1~ ~ r o 'cam T~iRy ~• ~ ~~ `. ~„U~ ~D! O^~'~ ~~~~2 TAB 8 ~~nU24 Aaane-O~-oos-~ uoparu~sul,p ~uawasray~ ep su o9~s wortiane nnnnnn alima} el za~insuo~ ® ~Jla3nH ~!~agp6 e! zaslll~fl • aafad ~ saq~e~, sa~anbp~ ASPEN HIGHLANDS COMMERCIAL ASPEN HIGHLANDS VILLAGE AFF METRO DIST HOUSING ASPEN SKIING COMPANY LLC 715 W MAIN ST C/O ABACUS BOOKKEEPING PO BOX 1248 ASPEN, CO 81611 PO BOX 9164 ASPEN, CO 81612 ASPEN, CO 81612 BERGDAHL MATTHEW A & ELIZABETH A 0011 EXHIBITION LN ASPEN, CO 81611 EPOCH-DEMPSEY DLVP LLC C/O EPOCH PROPERTIES 359 CAROLINA AVE WINTER PARK, FL 32780 GASIOROWICZ HILDE E TRUST 2630 GLENHURST PL MINNEAPOLIS, MN 55416 PITKIN COUNTY 530 E MAIN ST STE 302 ASPEN, CO 81611 RYMER PATRICIA A TRUST PO BOX 1737 ASPEN, CO 81612 TSOU MICHAEL & ANGELENE 1501 MAROON CREEK RD #11 ASPEN, CO 81611 000025 T ®Q965®r1~~d~ EAGLE MELVIN & LEATRICE 9309 INGLEWOOD CT POTOMAC, MD 20854 ERCK STANLEY C 50% 954 CENTRE DR JAMAICA PLAIN, MA 02130 HINES HIGHLANDS LP 0133 PROSPECTOR RD #4111 ASPEN, CO 81611 RECKLING THOMAS R & MARGARET W 5203 BRIAR DR HOUSTON, TX 77056 SCHILLE JOHN JR & JIE DONG PO BOX 10403 ASPEN, CO 81612 TWOHIG PAUL & CAROL ANN PO BOX 2830 ASPEN; CO 81612 EASTMAN P PLACE & THOMAS F 50% PO BOX 1454 LA QUINTA, CA 92253 FRIED ALAN I & SHELLEY R PO BOX 783 ASHLAND, OH 44805 JONES RICHARD MC CULLOCH JR 1501 MAROON CREEK RD #5 ASPEN, CO 81611 ROOKASIN IRIS 1501 MAROON CREEK RD #10 ASPEN, CO 81611 SEIDEMAN ROB & KELLY HALL PO BOX 11424 ASPEN, CO 81612 lTaan~ead lead else3 ao~ ~~ waded paad ®09L5 311o1'IdW31 ~w-d asB f ~4S uo~na;sul aaS ~ '~ ~ ~ sl~te'7 laad /[se3 ~~ TAB 9 flooo~s PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY LOCATION: Le Chamonix Apartments, Unit 7 PID# 2735-142-02-007 ZONING: AR-10 OWNERS: South Point Condo, LLC REPRESENTATIVE: Steve Barrett EMAIL and PHONE: 316.641.3268, sbarrett@wei~and.com DATE: October 9, 2006 PLANNER: Mike Kraemer, 970.920.5482 Type of Application: Restoration or Expansion of Non-Conforming Structure with Significant Changes. Description of Project/Development: The Applicant is requesting approval to enclose a 2°d floor deck on the south side of Unit 7 and to expand a walkout deck to the north. The Applicant is also contemplating requesting approval for excavation of sub-grade crawl space to convert into habitable living space. Other owners of units within Le Chamonix have contacted the Community Development Department regarding similar requests. It is recommended that the owners submit a conglomerate application for all units in Le Chamonix in contrast to piecemeal applications for each unit. Land Use Code Sections to be addressed in letter of request (annlicationl: Sec. 9-50-30: Restoration or Expansion of Non-Conforming Structure with Significant Changes Staff will refer the application to the following agencies: Zoning and Maroon/Castle Caucus. 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 Administrative Decision pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by certified mail) to all adjacent property owners and mineral estate owners 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. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community Development Department. FEES: $1,205 (make check payable to "Pitkin County Treasurer") ^ Planning Office flat fee: $1,155 (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 $231/hour) o .Public Notice Fee: $50 To apply, submit 9 conies of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. Previous Land Use Approvals (if applicable); 3. Proof of ownership of subject property; 4. Parcel description, including legal description and vicinity map; 5. Total fee for review of the application; 6. Signed fee agreement (1 copy); 7. Consent from owner(s) to process application and authorizing the representative (1 copy) 8. List of all adjacent property owners and mineral estate owners (1 copy) 9. Copy of this pre-application form (1 copy) OQOU~? 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M k ,. =~i:.. B x ..~.. f -r z r ,..I __ 0®~03~ ,::.ate' .F'"`~ y.;r'' ~~~~ ,. ti of s,-,rr r ~ ~.. ~! y ;#,. ~ . Nl' p ~. uE. 4( .~ ~ ~i ~~r e is .:rn r - Y .x c' MJbeU3i^I~y,~ r V~ +1f+ Y ' ~~fi~ f.n+a{~ w hb~ ?n ~ ~ + ~~ 1 f ~ t.` s s S~ . ~~ f. *:.; ~ ~ .'y ~~ O~OU35 PUBLIC NOTICE RE: South Point Condo LLC Restoration or Expansion of aNon-Conforming Structure (CASE# P249-06) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, January 10, 2007 at a regular meeting to begin'at 2:00 PM or as soon thereafter as the conduct of business allows,. before the Board of County Commissioners, Plaza One Conference Room, 530 East Main Street, Aspen to consider an application submitted by South Point Condo LLC, (150 North Market, Wichita, KS 67202) requesting approval for the following activities: (1) enclosure of a 2na floor deck; (2) expansion of a lst floor deck; and (3) conversion of basement crawlspace into h~.bitable living area. The property is located at 1501 Maroon Creek Road, Unit #7 and is legally described as Condominium Unit 7, Le Chamonix Apartments, a Condominium. The State Parcel Identification for this property is 2735-142-02-007. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena. St., Aspen CO 81611. For further information, contact Mike Kraemer at (970) 920-5482.. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on December 10, 2006 Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than. 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO~(970) 920-5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX # (970) 920-5439 November 27, 2006 Steve Barrett 150 North Market Wichita, KS 67202 Re: South Point Condo LLC Restoration or Expansion of Non-Conforming Structure (PID 2735-142-02-007;. Case P249-06) Dear Mr. Barrett: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information,. additional information specific to the application maybe requested in order to adequately review.and process the application. The planner in charge of the review will request the. information from you directly. We have scheduled this application for review at a public hearing by the Board of County Commissioners on Wednesday, January 10, 2007 at a meeting to begin at 2:00 P.M. in the Plaza One Meeting Room at 530 East Main St., Aspen. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to post a public notice sign. on the property at least fifteen days prior to the hearing (and remove it within one week after) and to mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice will be sent to you by the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit of Notice (Code Section 2-20-100) PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Pitkin County Zoning Maroon/Castle Caucus FROM: Mike Kraemer, Community Development Department RE: South Point Condo LLC Restoration or Expansion ofNon-Conforming Structure (CASE P249-06; PID 2735-142-02-007) DATE: November 27, 2006 Attached for your review and comments are materials for an application submitted by South Point Condo LLC. The Board of County Commissioners will review the application on Wednesday, January 10, 2007. Please return your comments to me by Friday, December 29, 2006. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. M E M O R A N D U M T®: Mike Kraemer, Planner FROM: Joanna S. Schaffner, Zoning Officer DATE: January 4, 2007 ~_--- ---Le-Chamonix-=-Expansion_of-a-non=conforming_use I have reviewed the above referenced application and offer the following comments. The subject site contains approximately 2 acres,.is zoned AR-10, and is located within the Urban Growth Boundary. Existing development around the site includes the Heatherbed Lodge (AR-2) to the south, the Aspen Highlands Ski Resort across the street, and the Skyview Subdivision (AFR-2) across the creek. Lands within the City of Aspen surround this site on three sides. Both lo-t size and use are non-conforming for the AR-10 zone district. Only two zone districts within the UGB allow multifamily development; the B-2 (AABC), and the AH (Affordable Housing). History BOCC 79-43 granted Le Chamonix an unconditional Exemption from Abatement. A summary of the building record, attached as Exhibit A, appears to suggest that since Le Chamonix became burdened with the status of "non-conforming", minor expansions to floor area have occurred without required permits. Last summer the BOCC approved a similar expansion of floor area to unit 8, which allowed the crawl space area below the unit to become habitable space. The difference between that area and the subject of this application is that the area below unit 8 was previously excavated when the structure required structural reinforcement. The subject application proposes a new full-excavation of the area beneath the unit. SETBACKS Maroon Creek Road is identified in the Land Use Code as a Collector Street, and has a required setback of 50 feet ®Q~~®~ measured from the road right-of-way. The applicant has not demonstrated that the deck proposed for enclosure complies with this setback. If not, a variance from the Board of Adjustment is necessary to allow for this increased encroachment into the setback. There is also a 30 foot front yard setback requirement. FLOOR AREA There is currently no maximum allowed floor area for this site. CONCLUSION The BOCC may find that recent development of the surrounding area, and no available zoning compatible for the existing use discount concerns of the expansion of this non-conforming use, and may find the proposed improvements acceptable. If so, the BOCC might wish to consider the following conditions: 1. Stop the review of individual units and require the Homeowners submit an application requesting an expansion of the non-conforming use with a (imitation on total allowed floor area. The requested amount of expansion should include total build out, including deck enclosures and excavated basements for all twelve units. 2. Has the HOA been referred this application? The applicant should submit the written approval of his HOA prior to the hearing date. 3. Establish a building envelope around the back of the unit or building to prevent disturbance to the slope, and require fencing if requested by the land use engineer. ooooos County of Pitkin } AFFIDAVIT OF NOTICE & } ss• MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2-20-100 Applicant to the Pitkin County Development Permit, personally certify thatiI havercomplied w th the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearinto all owners of property adjacent to the subject property, as indicated on the attached list, on the day of ee r , 200~(which is~~days prior to the public hearing date of j !0 d .The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 2. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to the owner(s) of the mineral estate underneath the subject property, as indicated on the attached list, on the~l~^ da of to the public hearin date of y da~r , 200?(which is 35 days prior be those on the current tax reco ®®of Pitkhn County asdthedyd appeared no rnorerthan 60 owners shall the public hearing. days prior to 3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 7-~~' day of ~cd~~~ , 200 which is at least fifteen (15) days prior to the public hearing. A photograph of the posted sign is attael~ed-.hereto. ~... _ Applicant's name Signature (Attach photograph here) Signed before me thisday of f~,,,C ~i 1~~,~1~:~/ 200~by - WITNESS MY HAND AND OFFICIAL SEAL My commission expires: ~"-~~--~~j DlFFE~BAUGH No~ry Public • State of Kansas ( ~~ `'` '1 ~" 'P Notar'~Public's Signature '~ ~' ~. ~y,~/` ~~, ~ ' II.1TF ... _... T3 PGC PLNrd."c PUBLIC .NOTICE RE: South Point Condo LLC Restoration or Expansion of aNon-Conforming Structure NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, January 10, 2007 at a regular meeting to begin at 2:00 PM or as soon thereafter as the conduct of business allows, before the Board of County Commissioners, Plaza One Conference Room, 530 East Main Street, Aspen to consider an application submitted by South Point Condo LLC, (150 North Market, Wichita, KS 67202) requesting approval for the following activities: (1) enclosure of a 2nd floor deck; (2) expansion of a 1St floor deck; and (3) conversion of basement crawlspace into habitable•living area. The property is located at 1501 Maroon Creek Road, Unit #7 and is legally described as Condominium Unit 7, Le Chamonix Apartments, a Condominium. The State Parcel Identification for this property is 2735-142-02-007. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. Eor further information, contact Mike Kraemer at (970) 920-5482. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on December 10, 2006 Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your appliicant letter) as proof of compliance with the Code at the hearing. 3. Piick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, C® (970) 920-5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date A3l3/6t/-O~J-008-L uol#~nJa.sw,p udo,tiane•nnnnnn agllna~ el za~lnsuo, ASPEN HIGHLANDS COMMERCIAL METRO DIST 715 W MAIN ST ASPEN, CO 81611 BERGDAHL MATTHEW A t;< ELIZABETH A 0011 EXHIBITION LN ASPEN, CO 81611 EPOCH-DEMPSEY DLVP LLC C/O EPOCH PROPERTIES 359 CAROLINA AVE WINTER PARK, FL 32780 GASIOROWICZ HILDE E TRUST 2630 GLENHURST PL MINNEAPOLIS, MN 55416 PITKIN COUNTY 530 E MAIN ST STE 302 ASPEN, CO 81611 RYMER PATRICIA A TRUST PO BOX 1737 ASPEN, CO 81612 TSOU MICHAEL & ANGELENE 1501 MAROON CREEK RD #11 ASPEN, CO 81611 auawa6~ey' ap sua5 ®091, ®~~~ ~.iaege6 al zasllr, ® Jalad ~ sale'e~ sauanbl ASPEN HIGHLANDS VILLAGE AFF HOUSING ASPEN SKIING COMPANY LLC CIO ABACUS BOOKKEEPING PO BOX 1248 PO BOX 9164 ASPEN, CO 81612 ASPEN, CO 81612 EAGLE MELVIN & LEATRICE 9309 INGLEWOOD CT POTOMAC, MD 20854 ERCK STANLEY C 50% 954 CENTRE DR JAMAICA PLAIN, MA 02130 HINES HIGHLANDS LP 0133 PROSPECTOR RD #4111 ASPEN, CO 81611 RECKLING THOMAS R & MARGARET W 5203 BRIAR DR HOUSTON, TX 7~b56 SCHILLE JOHN JR & JIE DONG PO.BOX 10403 ASPEN, CO 81612 EASTMAN P PLACE & THOMAS F 50% PO BOX 1454 LA QUINTA, CA 92253 FRIED ALAN I & SHELLEY R PO BOX 783 ASHLAND, OH 44805 JONES RICHARD MC CULLOCH JR 1501 MAROON CREEK RD #5 ASPEN, CO 81611 ROOKASIN IRIS 1501 MAROON CREEK RD #10 ASPEN, CO 81611 SEIDEMAN ROB & KELLY HALL PO BOX 11424 ASPEN, CO 81612 l1NOHIG PAUL & CAROL ANN PO BOX 2830 ASPEN, CO 81612 T i ®09i5® b ® Ta~niead laad ~Ise3,o; wade ~ I iaaUS uo13~rU;sul aa~ d paa~ ® ®0915 31d7dIN31®tiany asn ® ~1 slagel lead ~tse3 - - ~ •• ~ . ~ ~ ~. ~ e ~ , ~_ ~ ` ~` ` ~ 55-~ s '20. 0' Postage $ " i_i , .: , 3 ; < ; : ~ it': ,. =;'~ ,'`: s E ~ Postage $ ,. Certified Fee ~- ~^ _;.{"' ;:i A, ~' _ (]-' _ ~ ~' Certified Fee postmark 0 Retum Receipt Fee I Postmark fTl Here r_7 (Endorsement Required) ~ - `°- ® c~ Here C7 Return Receipt•Fee ~?. _ d Restricted Delivery Fee _ `^ ` p (Endorsement Requred) ~ ~~+ ® f ~ (Endorsement Required) , _ = f' =1 ®® ~Aj~,a ~ '`? :1~!'l y `Vj/~ Restricted Delivery,Fee I ! p V7 Q (Endorsement Regwred) r-9 Total Postage & Fees ~ .. - - ~ ,?,-f\ - Sent To ~ ~ Total Postage & Fees I - °-- -. ~ Street, Apt. No.G `_ -------•--- - ..D ----°-----• °---°---------°----------- - - - --- --- ~--------------------------------- p ~ s 1~~ cH-t~-~~ or POBOxNo. ------------------- O --~----°-------° ft 1.5.0_ ~ r~gV-Lc"ro Sfreef,A LNo.; ,., ~~ ~~ ----------------- ~ Creak /dc~ of ~ ~~ o p 15DC di/lctCi.~;~1 CR k ~10 ~- Clry, State, Z/P+4 - `--"------`- or PO Box Nd. . ~SOf?vl ~ ~~--•---~/~/I •°--------------------------- ~` City,sraie.ziP+4 ~}(~?~ -t---C~ ~~~^I~ ' ----°--......_._.-•---°°-.-°- S ~. • . . ..- .-~ ~ .•• f1J . . - _ cD j i. •. ~ .....' y ,,~_ - L. ~ . 0-' Postage I $ Postage I $ d- ~ '~ t;" =" Certified Fee '=.~=a~; '' Certified Fee -• - • Yl in'I ~ ~~~ mark ~ Retum Recei t Fee ~~ ~s~naJ°~(H'~j~ p Retum Receipt Fee I ~~ • -- ~re ~ (Endorsement Required) x r ='=~~ Here ``~~~~{{// p (Endorsement Required) "~' `''•`' p ~ Restricted Delive Fee Restricted Delivery Fee t,--; - """iiisss (Endorsement R wired A~%`='•J}.` (Endorsement Required) ~ `~ ='='-' ~ ~ ~ ) ' ' o ~ ~ Total Postage & Fees ~~ ~ ~`~ ~ ~. ', ~ Total Postage & Fees ~ ~ °'t ~ a =-' ~ - n~ ~ Sent To /~ Sent To /~~ v ~ -----•----~----°°- ------------°------ ~~ x - ~ - /--°----°°----°----- ~ Street. Aptt. No.; ~ Sfreet, ApY. No.; D ~ ~ ~ . M N or PO Box No. ,qp(j G'X a, . or PO Box No.---•------- -- (--- J ~ t.r7?EN ~~ tom. !i -' " --------~^~ ~-- -y ---------°..__._ City, State, Z/P+4 - - ---------~--°-~._.~~~ _...-..- City, State, ZIP+4 - - - ----------`-"'------ o ,. . - ..- ~ .-, v ,- , ., .. - - - ~ a - -~ ti .- - .~ L E ~ D-' Postage $ ` - - ~ 7=' ~ ~-. Postage ' Certified Fee ~-' ~ "' ~ ~ .... - Certified Fea ~ Postmark ry 1 ~ p Return Recei t Fee (Endorsement Required) ~ Postmark ^ ' r~- ®EC o Fire °~(VUe fr'I ~ Retum Receipt Fee (Endorsement Required) #' ,;~E r~~ ,r e DEC Y ® ~o~ ~ Restricted Delivery Fee (Endorsement Required} . -, ,- r, ` ~`' =' ~ ~-'~' 4tJ(/~ ~ Restricted Delivery Fee (Endorsement Required) y ~ i a j Ej~' ', ~ ~ ' '~'' ~'~ ii 0 ~ & Fees I ~ t '~ ` ='~ -- ~ Total Postage & Fees ~ G - f~` age Total Pos *`' !1J N Sent To n P ~ i ~ ` Y ~ ' j"' 0 Sent To ,~.._ G !! ~ 5 ^~ 1 ~ `' Tjc.r _!G~-! .~~ c~' ~ ~'f ~--------------. ~ ~ r GGs_a ~ .;" ~2.. / t~ Y .. - - ~ _ --------------------- ~ ._.-------•------------------------------ Street, Apt. No.; 22 or PO Box No. t%G' )t ~ 737 ~~ o ~ Street, Apt. No.; .a or PO Box No. ~~ L~ ~ _ ~ G=~ ~ ~ -- ~ ---------------^----°. --- _ --- - City, State, ZIP+4 --- ~v w C ~1v~i'~ Crty, !l ~ J - ; . t]~ I f r I ~I I .I • II `+i ! I I f f - -f - • -I ftJ ... . r-R - I $ i ~ I ~ Postage p- ~ Postage $ Certified Fee """ Certified Fee =.:=-t€_E .~.. Pt"1 p I `^' Return Receipt Fee x. a Postmark Hp EC m p Return Receipt Fee +~ .zc '~ (fit UW C ~~~a~U~ p (Endorsement Required) /e® o ~ p (Endorsement Required) = - - - ',JL+ e O Restricted Delivery Fee I (Endorsement Required) ~.;? ,; I ~ (~ O Restricted Delivery Fee (Endorsement Required) - - ~'•~ ~ ~-==' I ° `'`-~ ~ ~ r ~ Total Postage & Fees ~ ~ Total Postage & Fees ~ r . ~ .. _ ft_I rU Sera To 7 - -y - - - - -- - Sent TO r ~L~ C ERG p ,, p ` ------------------ -- -- ----- - ----- treat, Apt. o.; , /,L,, or PO Box No.~j~jQ ~, IMlitivl S'FR2t'~ ------------------ •----- -- - - - S~-e 3d'L a p ------------------------------------------------------- reet, Apt. No.; C or PO Box No. 9J~ ~j,°f"f1~ DR(~~~ ... _:_.. ---- --------------------- ~ ~• J City, State, ZlP+4 .,. n f _^~ --------r ----• ~~ f'd1 C~ 'Yffdr~ vGliYld9fl`- r f"/G1~h /`'+ Q~131.~ p^ ~ r . -. . :.-' • `.0 ~ ~. yia it cur ~ima~ui uu~~~ r~: ~ ~. I-~ ,.. ~ - Postage I $ -~.,,~ r.~ .,F . t17 0"' I Posta e I $ Q g Certified Fee I ~ - '-" Certified Fee p p Return Receipt Fee (Endorsement Required) I _ ~, ' ~; . Pose ark EC o ~ ~~(~ ~~6it/ m p p Return Receipt Fee (Endorsement Required) p Restricted Delivery Fee ~ ~; t ~?~ ~ `' ' `~~ p ResMcted Delive Fee p (Endorsement Required) p (Endorsement Required) ~ Total Postage & Fees $ ~ et ° l'~` " ' ' ~ ,-q Total Postage & Fees tL ~ .~ Sent To j-sR-tNtS f~- ~ IGWCJS ~ i~ ~ Sent To ~ ~aGL. ~z,., p ~ . . ----•--------------------------------------- ------------------------------------------- Street, Apt. No.; 2 or PO Box No. t33 2',,//~~~G•~t- /~.t y~~~ ~ ~~ p ~ y --------- --- ---------- - - ---- Street, Apt. No.; orP08oxNo. 3S'~ ---------------°--`--- - ------- City, State, ZlP+4 - ~ti0c~, ---- -------------------- -° ----~•---------° C© SJ6~l ---------°----------°`----°--- City, State, Z1P+4 ~!•,~~ ~5z~-----~IvQ-- L_LL-- E~e_c~-~~-=- l~-~lr:v4 0~„~ ~~ ~L 3 a ~d in p ~IIIrITi7~37C.7,iF.T1[~llr~w rnrz~rr~rr r.~~.~~~axr.ca~~.__..t~•r~ r-9 . , . . . - .. • , • , ti .~ -.- - `~ n I ~ ~ yi ' ~ Postage $ , ~ -. Postage ($ I Certified Fee '"'•'''" "' ~ Certified Fee ";_' p p Return Receipt Fee (Endorsement Required) '"• `- - `. DEC Postmark ~~° °~(~(~~ h-I p Return Receipt Fee rsement Re uired) E d I _ '~~' ` ~ = - ~~~ Postmark ~~ DEC" ~ Restdcted Delivery.Fee (Endorsement Regwred) _ : ~ ~'3 "- ` - - `YY p p q n o ( Restricted Delivery.Fee (Endorsement Regwred) u j ;~1' 1p1,.~ ~ Total Postage & Fees ~ p' ~ Total Postage & Fees N~3• , ~~~ _ ,. f1J ~- f1J '~ 'p Sent To . ( _ ~N9SI(?J2CWiC~ ----- -------------------------- N A t ~lLpr= ----------------- ~ ~i2UfT --------------------------------------- -•~ p sent To P Pf ~.L`~ _F~l~n1.-- =°-- ~ au -------- ~ 7hOt~~t s ^°------------------ F 5t~I~ °°----------°---°--------°- ' p ` . Street, p o.; 1 or PO Box No. ~ Ip 3 G ~~ hV1 S ~ ("" ~r L t'. ~ ~ Sfree Apt. No.; ,~t or PO Box No 1% ~ 2 W d )L ~~SC{. ` ~ ._ ... ~ ...----------------- -----------------------°-----------°~ •----°-'-------` City, State, ZIP+4~) N~~y Cf'~~ /ri N ~J LJ ~j :ir rr. . , , City, State, ZfP+4 L~ "- ( - n ~~ ~ j -~---°-C ~ -- oC _. --";,; a~-Jr~'--------------- -il' ~f :~~ rr. - ~ ra p-' Postage $ i ~_ Q- Postage I $ Certified Fee ~' - Certified Fee I - • - '='~' m p Return Receipt.Fee ,~ _ „ ' ~~ Postmark hl Return Recei t Fee I ~~; _ _ ®~Pastmark Endorsement Re cared "' °' Here p p _ _"~ Hie p ( q ) p (Endorsement Required) (~ p Restricted DeINe Fee is; ®' `p Restricted Delive Fee (Endorsement Required) '"''.' (Endorsement Required) #•t~=`"' _ry( p p h ~F i?f -i;,[ in .~T.it,:~T _i~i ~.r i~/'~(.t!-1 _i ~ Total Postage & Fees ~ _''~ °~•' ' ' ' "-" " ~ Total Postage & Fees p ®. ~ ,fU Sent To , "^` / Se To , ~ - ~ ~e 1.,, rJ ~- ~~'~-, ~e ~..~. .,,~~ --~ S ~~ n ~1 1 ~~t~t l~ 11 q e /} Fr }~~ :; s i v- p -------------------------~--------------------- -------~-------------------- p - ~----------~--~-~ ~--t----~--- - - ~- --------- p p ~ treat Apt. No.; or PO Box No. ~ C ~ .Zr~yr(wCC~j '"1"- p or PO Box No. ~~ (~ ~J City, State, Z1P+4 /~ Ciry, State, ZlP+4 -----------------------------~- N Ir • r r -r- -r p I• • • • r •r m ru p-' Postage ~ $ ~' Postage ($ - R'I Certified Fee ( ~'~=_'~"` fY'I Certified Fee ( ~~-~`•-` - p Return Receipt Fee _ ~~ e Postmark p Return Recei t Fee ~ ? .,,~ n~ P stmark p (EndorsementRequired) ~ ~ ""• ®GCH~~ ~~~° p I `' = '-' YL.~ ~e ~~ • ~ p (Endorsement Required) p Restricted Delive Fee - ry x.~_ .l_;~, p Restricted Delivery Fee p (Endorsement Required) I (Endorsement Required) I ~'~` °' E" p Z'?'x=i ~'I~- ~ Total Postage & Fees - - • ` '`-'-' -~~ ` ° }~ 9 i, • ra Total Postage & Fees f1J t'U ~ Sent To Sent To p ~1 ~ vJ - ~~ir~ -_~_'-~K=----~-~~~.~? ? A_1 f I.~------------------=--- o ~ i~ ~ r rr (`a.., ~~ L LG------ _ - ------- ---- ~''------ - -~------ -~---~~--- - - ----------------- Street, A P. No.; i`-- Street, Apt. No.; ,J ~ or PO Box No. (~©~i ~Xtilv)I~IaY1 ~.q!'12 ~ or PO Box No. ~~ ;~jpx ~,Z('f~ City, State, 21P+4 Ci State, ZlP+4 - - :r, ~~. - :~, ~~. .~ s ~ ~ , ~ ~ • ~ , ~ ~ • _ r / I- J p N /r • - 3 . ti •i ~. I :., ~.vl ~ _ .,: it ..--+. - *n Q- Postage I $ ~ ' _ .. _. Certified Fee ~'~ _ "''- -- - ~ m (pPo mark Certffied Fee ' p Return Receipt Fee va.~'• DEC {~ er frl Postmark p (Endorsement Required) p Return Receipt Fee ~. , u• c( Here p Restricted Delivery Fee ,~.;, ,•,;, p (Endorsement Required) ®I..b o 7 a9f1f1L° (Endorsement Required) ~"- _ ="' p - 1..b ® r<`{W~J p Restrcted Delivery•Fee r z;_,- (Endorsement Required) ~ TOtalPostage&Fees ~ ~~: C.~i~ -'e'f `;=iii==s p , i ,,i~-;•;ry~°!l'r,• ~ ~ Totai Postage & Fees ~ ' ' ' Sent To,Q~ /! 1 1 M fl.l a p ------::_!JC-'ZJ__~_:~~GNGs--~crTMtrtik! f"tt!'~~ ~ ~a5~' Sent To / ~ ~~.1~.C r',P ------ p Streef, Apt. No.; ~-y ..0 or PO Box No. t ~ 5 VJ ~ r ~ p ---^--`---------°----•----•- --! -+ -------5 fi - Street Apt. No.; /~ r7 ~`' ------------------------------------ ------------------------------• p t/G' SOX ~~ 3 City, State, ZlP+4 or PO Box No. _______________ J~ n.~ C d ~) tS l l -- ~,ty sr8re: Z«4 ----- :~-~z ~~ a . v~ Div ~~ a ~ ~ ~ ~ ~ ~ e ~ "' rr. • . . ..- •• 0 fLl ' ~ ' u•I ~~v i . rg p-~ Postage $ ~ iy - _ Certified Fee - t ' m p Retum Receipt Fee I - :.c " :.. i . ®~tr~rk~ G.~~y p (Endorsement Required) e p Restricted Delivery Fee -'"s , p (Endorsement Required) ` ~ Total Postage & Fees ~ ~~ `' '''~ ".` ` ~ ~ '" flJ ..° Serra To ~ '~-" ~ Gve ~t~ j nw ~/ ~ ' :r,..,r~l, ~ p ~ . Stree; Apt. No., ~, or PO Box No. ~(,' i~t:~Y ~ r~J~L) - City, State, ZlP+4 :~~ ~~. --°---- °-- -°-°°------ --__°-°-...--•- _ .~ ~ .~ ,, , ~ -•- 0-' Postage I $ _ , _ . ~~,s_. Certified Fee I - v' ~ ~•l. ~ ~ m ~, p p Return Receipt Fee I (Endorsement Required) :, j~ m T` ~• ^ "• ~~ {d ~er p Restricted Delivery Fee (Endorsement Required) - ~====h p ul r-~ Total Postage & Fees $ = `t . ?°~• ~'''' '" r`r' r'' ~ ~ p Seat To -~°hn-- S~h~-t ~__ ~=--- f t° ~OV/ ~ T p ~ Street Apt. No.; -- or PO Box No. P ~ , ~d x ---°----`-----------° - - °- ----------------°~------- I ~ tf t7 .~ City, State. ZfP+4 As h r -°----°°-'-`-°•-°°-----....---°---- Cu ~>~/i ---... :,~ .,. TY DEVELOPMENT DEPARTMENTS ~ ~, COMMUNI 130 South Galena Street Aspen,. Colorado 81611 (970) 920-5526 =i a Pitkin County Land. Use: ~ 172 Board of Adjustment - .159 County Land Use Code .- 174 Flat. Fee ~' ;~~ J 162 Zoning and Sign 169 Public"Notice 160 plaznrg Enforcement 175 Hearing Officer I Referral Fees: 210 Airport C LUCO1 County Clerk ,, 211 County Engineer 194 Environmental Health „g~ 208 Historic 198 'Housing l 190 Land Management ~~ 2A9 Redstone HPC 206 Wildlife officer - Building Fees: 170 Board of Appeals 105 Building Permit - _ ~ . 120- Electrical Permit i 195 Energy Code Review y 115 Mechanical Permit 150 Plan Check 110 Plumbing Permit 130 Reinspection - - a 152 AVFD Fire Marshal ~ , ~, 158 BFD Fire Marshal --~ Other Fees: ~~ 155 Use Tax Y .165 Copy T~.-_ PZ005 Master Plan Copy ~i 185 Park Dedication. •' IS GIS Requirements 161 Housing knpact Fee. B12<)2 Road :Impact Fee ; B1203 School Impact Fee f~ - ( ~ t'- ~, TOTAL y • ~ ~ e= ~.~ ` . r NAME, ~,~,~~=.3f-.~.',~ ~ ~" 3'~ - ADDRESS /PROJECT: ~~ ( `` - ;; ` PHONE:. , _. ~. ~ ~ .,~, ; CHECK# ~ ~..,,:y ` v,. ; ;, CASE /PERMIT#: ~ a „„ r° ,- INITIAL:: ; '' DATE: ~ ~ '_~, ~.