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Home My WebLink AboutLand Use Case.506 Walnut St.A27-96CU 9 : 11 - 96 - Zupancis SU - 510 Walnut 2737-073-OB 77 , nlaifi 13Â£&1 .R 2*72 9- -Â«. S 1 11 ..1 17 I. 1, . 1 ..1 L 11.~ 1 - UOIS 1 CA~,OAD SUMMARY SHEET -CITY ~ASPEN DATE RECEIVED: 4/4/96 CASE # A27-96 DATE COMPLETE: STAFF: 'ft[ve-M*ehaelsor~ PARCEL ID # 2737-073-00-026 Pol, rew (MG PROJECT NAME: Zupancis Subdivision Project Address: 510 Walnut St. and 511 Race Street, S 1/2 Lot 9, All Lots 10,11,12 in blk 3, Williams Addn APPLICANT: Robert Zupancis/Sylvia Davis Address/Phone: P.O. Box 11481, Aspen, CO; 920-2546 H -- 920-5180 W REPRESENTATIVE: Tom Baker CLIt- tilf CO Address/Phone: 312 Teal Court, Aspen, CO 81611; 920-9283 0901> t. 1 FEES: PLANNING $2100 # APPS RECEIVED 10 ENGINEER $105 # PLATS RECEIVED 3 2 HOUSING $0 ENV HEALTH $65 TYPE OF APPLICATION: TOTAL $2270 Two Step - Sy#5 V 14 I ON, GÂ·N~% E../ E+A? 11,14 P&Z 9,6-4 4 , Illg/.0 i.4 16 116 3]Yes UNo CC Â·J(4,01 3, 1 4 4 b ' E]Yes ENO CC (2nd reading) AvajirE 17,1/1,16 E]Yes C]No REFERRALS: C] City Attorney El Aspen Fire Marshal 2 CDOT D'City Engineer El City Water U ACSD C Zoning m City Electric m Holy Cross Electric E[Housing Il Clean Air Board U Rocky Mtn Natural Gas U Environmental Health m Open Space Board m Aspen School District IZI Parks U Other: E Other: DATE REFERRED: INITIALS: P>N DATE DUE: APPROVAL: (~rdinance/Resolution # 9(jp - 7 5- Date: 4 - fl -14 Staff Approval 967 - 2, 1. (AGSÂ© Date: 9 . 10 , 4 40, f 6, 6- C '9 Plat Recorded: Book , Page CLOSED/FILED DATE: INITIALS: ROUTE TO: ATI~ACBMENT 1 ~IAND USE APPIiaTIM FORY ~ 1, prnject liaâ€¢â€¢. 7-l.~tÂ¥\-NCAS CUISDIVISioN 2) Projed Ijatim 1510 WKI~Nur-â‚¬17 Â¥ 611 fVYCir~ gr-' , AsPEr\},06 ; -8/6 1, 8 '41,01 9 , A,vOF &01& to,((,/1, 04 f*OCM- 3, Wil/LIANâ‚¬ APPil?*I - (inlicate street ackiress, lot & block Imber, legal description wfiere appropriate) 3) Present Zoning A-- & 4) lot Size <Gf-1-46 a.6 5) PÂ®plicart'S Â»mp, Daarâ„¢:st & I~-a # k..DrbE.F:*T -PUP/\Nole/â‚¬*LA/IA t*ni) El t fÂ· D . Po><..11*81, MFEN,COL,OP--ADD 81612-5910-7 046(ti) 130-6180(Â¥v) 6) Representative's Name, Address & Phone # 7-b/\A PAMEFL 3/2,1-E-m-- 0619-1--Â»SPEIV, CÂ«Armn 816(L: 97Â·0-92 63 7) Type of Application (please d~eck.all that apply): 001*litional Use Conceptlial SPA Conceptiial Historic Dev. Special Review Final SPA Final Historic Dev. 8040 Greenline - Conceptual RJD - Minor Historic Dev. 1 ~ Stream Margin Final RJD Historic Danoliticn 1*xmt-min view Plane ~Si,Mivisim Historic Designation Condcminimization .-' Yext/Map Amendment GUS Allotment Iat Split/Iat line (2435 Exanpticn Adjustment 8) Description of Existing Uses (rnmber and type of cgisting struchires; apprcocimate sq. ft.; mmber of bedroans; any previous approvals granted to the property). (19 F-EJGAFN12(24 thEL,6/re -09 2,7-80 94-/5 83Â£3EM PES/PgjVGE) (13 1,343 94-< 3> FE)12+ Fâ‚¬41[ENCE 9) Descripticn of Develognent Applicaticn amplv lamN - â‚¬0:Pelvive DNEUNS- Lo-r (NT-1 -840 (2 3 (MINVUMU., LaTE Â·90 TAM-.EACtÂ¥ tÂ»El,U &6- 11-85 11-6 oWN DEâ‚¬AL DEâ‚¬+1Â¥11Â©19~ OUT-- PSPER- 10) Have you attached the following? M ksponse to Attadhment 2, Mininm Sulin i == i râ€¢1 Ocntents Resporse to Attachment 3, Specific S.*,nis=i m Contents -1 Response to Attadment 4, Review Staniards far Your Application Exhibit A O~- - 3 ATEACBMENT 1 ~ IAND OSE APPLICAnal BUM ~ 1) Project Name Zif/v-~r, 89 620)2Â£*/SloN 2, p=ject TArntien 5-10 hefl,NUT-rer Â¥ 23( 1 FÂ·Â·ACE â‚¬D , -Aspgi\), Ca L_2)161' 8 '401-9, guvor> 1,0125 to,1(,/1, 04 Di,ocf- 2>, Vvilk; ANâ‚¬ PrIDDITmN (indicate street aidress, lot & block runber, legal description wkiere -ill. apprcgriate) 3) Present hing fÂ«-6 4) Iat Size /6/ P*619-4 5) Applicant's N-, PÂ¥!ress: & PE,Â£778 # k*EI~f~- -F~Uffrh~e/6'~4~-0vb4 All//S f D. POX. 11*81, MPEN,fc>bop<AIE) 816120,:110-3946(tr) 930-6180(N) ~â‚¬6) ~ms,mtati~'s mme, Mdress & Ze=~ # 73/9 BalÂ«FL 342/ R.fe, cole,- /SPE-19, Col.,411~.ED Â©l6(' ; 92-0-92 83 7) T*e of Aiplication (please chack.all that apply): Ccnditicnal Use Ccnceptual SPA - Ccnclptual Historic Dev. Sped.al Revier Final SPA Final Historic Dev. 8040 Greenline - Ccnceptual FUD - Mimr Historic Dev. 1 St=e= jargin Final RJD Historic Demliticn !*xmrpirl Vie, Plane ~*<i Subdivi=irn Historic Desigraticn Cmic=inilmi.zaticn - T~ct/Map An=Ximent - G!Â·CS Allotment Ict Split/Int Line - (21:S ExaÂ©Lian - AdjUStlIEIC 8) Descrictien of Existim Uses (number and type of existing st=x=tures; appraxinate s . ft. ; runber of bedroc=3; any previcus approvals granted to tie pruperty). ('DI) P-Â·â‚¬-905-tertpeb DNELL*6-6 Â«13 3,1-80 91-/5 8Â©F-rn P-Â·6â‚¬195NGE > 03 1,33-3, 94-f b epl2-" Pâ‚¬41[ENC,E 9) Description of Develgment *pli=tim gleviVAgoN - â‚¬080MPE 57<4 8-?N@- 401-- (Nn TAO(2 3 (MIDÂ¢V tIWQ..0, LoTE Â·90 TRPri- EAOÂ¢Â¥ Châ‚¬1,011+ MS ll-5- awN LEâ‚¬/ru DEGrgqynq\'/~ 3Â¥4 Grn p*-ea- APPIACATIoN NAGNDED S-02-- 94 42-2)9fv. 10) Have yal attached the folladnER b< Respcnae to Attachment 2, Minimm ainission Ocntents 4 Respcose to At:txbment 3, Specific &*missicn Ccctents 4 Respcxse to At:tadmiant 4, Review Starxiards far Your *plicaticn 2 -99 1111111 0 6 4;bit 4, 0 South one-half Lot Nine and all of Lots ten, eleven and twelve in Block three (Sl/2 Lot 9, all of Lots 10, 11 and 12 in Block 3) Williams Addition to the City and Townsite of Aspen, together with all ilrprovenents thereon. A Parcel of land situated in the NE 1/4, SW 1/4, Sectian 7, Township 10 South, Range 84 West City of Aspen, Colorado being more fully described as follows: Begirning at the SE Corner of Lat 12, Block 3, Williams Addition; thence South 40Â°33'07" West, 36.01 feet; thence South 83Â° 49'00" West, 43.64 feet; thence 58.72 feet along the arc of a curve to the right having a radius of 245 feet; therne North 00Â° 40'00" East, 32.82 feet to the SW corner of said Lot 12; thence South 89Â° 20'00" East, 125.00 feet along the South boundary line of said Lot 12 to the Point of Beginning. SUBDIVISION AGREEMENT FOR ZUPANCIS SUBDIVISION THIS SUBDIVISION AGREEMENT is made and entered into this ~3. day of August, 1996, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as "City"), and ROBERT ZUPANCIS (hereinafter referred to as "Owner") WITNESSETH: WHEREAS, Owner has submitted to the City for approval, execution and recordation a Final Plat of a tract of land situated within the City of Aspen, Colorado and more particularly described on Exhibit A attached hereto and made a part hereof by thjs reference (hereinafter referred to as the "Final Plat"), sajd property being hereafter desjgnated as the "Zupancis Subdivision": WHEREAS, City has fully considered the Final Plat, the proposed improvement of the lands therein, and the effects of the proposed improvement of said lands on other adjoining or neighboring properties and property owners: and WHEREAS, City has jmposed certain conditions and requirements in connection with its approval, execution and recordat-ion of the final plat, such matters being necessary to protect, promote and enhance the public welfare; and WHEREAS, Owner js wjlljng to acknowledge, accept, abide by and faithfully perform the condlt-ions and requjrements imposed by City in approving the Final Plat; and WHEREAS, under the authority of Section 7-1005(C and D) of the Aspen Municipal Code, City is entitled to assurance that the matters hereinafter agreed to will be falthfully performed by Owner. NOW, THEREFORE, for and in consideration of the premises, the mutual covenants herein contained, and the approval, execution and acceptance of the Final Plat for recordation by the City, it is mutually agreed as follows: 396742 09/06/96 10:41A PG 1 OF 7 REC DOC UCC SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 36.00 1 .. A. Conditions of approval 1. Snow removal on sidewalk. The adjacent property owners shall be responsible for snow removal on the sidewalk along South Avenue. The applicant shall thin the existing aspens along South Avenue to allow for more snow storage capacjty. Snow removal On any future sidewalk along Walnut Street will be the responsibility of the adjacent property owner. The requirements for said snow removal are found jn chapter 21.32 of the City Code. 2. Parkjng The frontage along Walnut Street shall be a no parking zone extendjng from South Avenue and contjnulng for a djstance of 45 feet along Walnut Street. Parking shall be parallel and not allowed within five feet of the existing fire hydrant on Walnut Street. No parking shall be permitted in the Race Alley right-of-way or on South Avenue. 3. Improvement djstrjcts Owner agrees for himself and for all future Lot owners in Zupancis Subdivision to join any future improvement districts formed for the purpose of constructing improvements in the adjacent public rights-of-way. 4. Encroachment. When Owner sells either lot to a new owner, or a demolition or building permit is requested for either lot, that portion of the existing house at 510 Walnut Street on Lot 1 that encroaches into Lot 2 shall be removed. 5. Superfund sjte. For that area contalned jn the superfund sjte, the mitigation procedures that are prescribed in City of Aspen ordinance 94-25 shall be followed. Prior to the issuance of any building permits, the applicant shall file with the Environmental health Department, a fugitive dust plan and construction and soil moving plan that adheres to the Smuggler Superfund slte and administered by the Environmental Health Department. 6. Storm drainage plan. A storm drainage plan shall be submitted to and approved by City Engineering prior to the -issuance of any building permits. 7. Affordable Housjng The lot owners shall be required to meet the affordable housing requirements for the proposed single-family residence on Lot 1 and the proposed duplex on Lot 2 in accordance with the standards set forth in Section 26.100.050(A)(4)(c) of the Code. If deed restrictions are the method chosen to qualjfy for a GMQS exemption, the affordable housing deed restrictions must be recorded prior to the issuance of any building permit. The recorded deed restrictions, subject to the regulations in effect at the time the deed restrictions are recorded, for the affordable housing units shall be effective when a buildjng permit is jssued or wjthin seven years of 396742 09/06/96 10:41A PG 2 OF 7 .. fjnal approval of the subdivision by Council, whichever is earlier, with the proviso that the deed restrictions may be released if circumstances change such as the subdivision plat and approval js made invalid. If payment of the applicable affordable housing impact fee is the method chosen for a GMQS exemption, the fee must be paid prior to the -issuance of any building permit. For computatjon of the applicable affordable housjng jmpact fee, floor plans of the two existing residences, or other legal documentation, that accurately reflect the square footages and number of bedrooms must be provided. 8. Tree removal. If any trees of 6 inch caliper or greater are to be removed, a tree removal permit shall be required prior to the issuance of any excavation or building permits. No excavation shall occur within the dripline of trees and any constructjon activity occurring close to trees shall require protective fencing to be placed around the dripline of the trees. 9. Water service. Water service lines for both lots 1 and 2 shall be brought into compliance with current water service standards of the Aspen water department for a single-family or duplex, as appropriate for each lot. At the tjme of demolit-ion for the residence at 510 Walnut Street, the applicant shall either abandon and remove the water service line to the existing yard hydrant or reconnect the yard hydrant through the metered domestic service line. 10. Future installation of fireplaces and woodstoves. In accordance with the Aspen/Pitkin County fireplace and woodstove regulations, any new building jn the City of Aspen may have two devices (gas log fjreplace or certjfjed woodstove) and unlimited numbers of decorative gas appliances per building. Wood burning fireplaces cannot be installed, nor may coal be used as fuel 11. Dimensional requirements. The proposed single-family resldence on Lot 1 and the proposed duplex or single-family residence on Lot 2 shall conform to the dimensional requirements of Section 26.28.040, Medium-Density Residential (R-6). 12. Utilities provided. The engineering report prepared by Schmeuser Gordon Meyer and included with the original application represents that all utilities are currently provided and will continue to be provided to each of the lots 13. New public services. Any costs for new public services that must be installed or upgraded shall be borne by the applicant including a sidewalk, curb and gutter j f requj red 14. Materjal representatjons All material representations made by the appljcant within the application, and at hearings before the Planning and 396742 09/06/96 10:41 A PG 3 OF 7 .. Zoning Commission or the City Council shall be adhered to and considered conditions of approval unless otherwise amended. B. Non-compljance and Request for Amendments or Extensjons by Owner In the event that the City Council determines that the Owner is not acting in substantial compliance with the terms of this Subdivision Agreement, the City Council shall notify the Owner jn wrjtjng specjfyjng the alleged non- compliance and asking that the Owner remedy the alleged non-compliance within such reasonable time as the City Councll may determine, but not less than 30 days. If City Council determines that Owner has not complied within such time, the City Council may Issue and serve upon the Owner a written order specjfyjng the alleged non-compliance and requjrjng the Owner to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, the Owner may file with the City Councj] ejther a notice advjsjng the City Council that it is in compliance or a written petition requesting a hearing to determine any one or both of the following matters. (a) Whether the alleged non-compliance exists or did exist, or (b) Whether a var-janee, extension of time or amendment to thjs Subdivision Agreement should be granted with respect to any such non- compliance which is determined to exist Upon the receipt of such petition, the City Council shall promptly schedule a hearing to consider the matters set forth in the cease and desist order and -in the petition The hearjng shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings. If the Cjty Councjl determlnes by a preponderance of the evjdence that a non- compliance exists which has not been remedied, it may issue such orders as may --- be appropriate; provided, however, no order terminating any approval previously granted by the City Council shall be issued without a finding of the City Council that substantial evidence warrants such action and affording the Owner a reasonable time to remedy such non-compliance. A final determination of non-compliance which has not been remedied or for which no varjance has been granted may, at the option of the City Council, and upon written notice to the Owner, terminate any of such approvals which are reasonable related to the requirement(s) with which Owner has failed to comply. Alternatively, the City Council may grant such varjances, extensjons of time or amendments to this Subdivision Agreement as it may deem appropriate under the circumstances. In addition to the foregoing, the Owner or its successors or assigns may, on its own initiative, petition the City Council for a varjance, an amendment to 396742 09/06/96 10:41A PG 4 OF 7 this Subdivision Agreement or an extension of one or more of the time periods required for performance hereunder. The City Council may grant such variances, amendments to the Subdivision Agreement, or extensions of time as -it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance if Owner demonstrates by a preponderance of the evidence that the reasons for the delay(s) which necessitate said extension(s) are beyond the control of the Owner, despite good faith efforts on jts part to perform in a timely manner. C. General Provjsjons 1. The provisions hereof shall be binding upon and inure to the benefit of Owner and Cjty and their respective successors and assjgns. 2. This Subdivision Agreement shall be subject to and construed jn accordance with the laws of the State of Colorado. 3. If any of the provisions of this Subdivision Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Subdjvjsjon Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 4. This Subdivisjon Agreement contains the entire understanding between the parties hereto with respect to the transactions contemplated hereunder and may be altered or amended from time to time only by written instruments executed by all parties hereto. 5. Numerical and title headings contained in this Subdivision Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the s-ingular shall jnclude the plural and the use of any gender shall jnclude all genders. 6. Upon execution of thls Subdivision Agreement by all parties hereto, City agrees to approve and execute the Final Plat for Zupancls Subdivision, and to accept the same for recordation in the office of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fee by Owner. 7 Notjces to be given to the partles to thls Subdjvjsjon Agreement shall be cons-i dered to be given if hand delivered or if deposited in the United States Mall to the parties by registered or certified mail at the addresses 396742 09/06/96 10:41 A PG 5 OF 7 .. indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: CITY OF ASPEN City Manager 130 S Galena Street Aspen, CO 81611 Robert Zupancjs 511 Race Street Aspen, CO 81611 8. The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run wjth and burden the real property more particularly descrjbed on attached Exhibit A and any and all owners thereof, their successors, grantees or assigns, and further shall -inure to the benefit of and be specifically enforceable by or against the parties hereto, the-ir successors, grantees or assigns. 396742 09/06/96 10:41A PG 6 OF 7 6 -- 396742 09/06/96 10771 A PG 7 OF 7 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: CITY OF ASPEN, COLORADO, 430Â·+0 4 4 a munjcipal corporation Kathryn S. #ch, City Clerk By: Mayor APPROVED- AS TO FORM: r \L --114- A. -:sdha ~130/â‚¬ A.~.â€¢ dohn Worcester, City! Attorney OWNER: 00&61Â«Sr-6 Robert Zupanâ‚¬13.- ' STATE OF COLORADO ) )SS COUNTY OF PITKIN ) The foregoi ng i nstrument was acknowl edged before me thi s (GFIÂ¥ day of dEPrOI/21?~ 1996 by John Bennett as Mayor and by Kathryn S. Koch as City Clerk of the City of Aspen, Colorado, a municipal corporation. Witness my hand and official seal. f O./ i Y JACIOE f U My commission expires: 4//7/99 U i LOTHIAN ) 8 08 STATE OF COLORADO ) )SS COUNTY OF PITKIN ) The foregoi ng i nstrument was acknowl edged before me thi s .Â®~clay of A~Vit 1996 by Robert Zupanci s. 2 r .12+Kiness my hand and official seal. -1 ... . 0 0 3 I I ' 2 3:My commission expires: 3.W- 04 1 .. r.. . 0- S.-99 CD \0 CC LUE 13 U.1 --1 -J<CD CD CD CD 3 >- Cls 9 1-- CD C-) 00 Â¥- .1, - .. r 4 0 7 , S. 209 N 1 1.0 t . 11 /d?11 'N3dSV 'Yll c. MEMORANDUM TO: Aspen City Council THRU: Amy Margerum, City Manage~/ 9 69 Â· 7 t THRU: Stan Clauson, Community Development Director C>' , Dave Michaelson, Deputy Director -- LA FROM: Bob Nevins, City Planner RE: Zupancis Subdivision, Ordinance No. 25 - Second Reading William's Addition, City of Aspen, Colorado Parcel ID No. 2737-073-00-026 DATE: August 12, 1996 SUMMARY: Subdivision Review is a two-step process. Planning and Zoning Commission reviewed the proposal on June 18, 1996, and recommend to Council approval of the subdivision with conditions. The first reading of Ordinance 25, the Zupancis Subdivision, was presented to City Council on July 8,1996. It was an item on the Consent Agenda and was approved unanimously. The applicant is requesting approval to subdivide an existing 16,746 sf parcel into two residential lots. The subdivision proposes to create one 7,500 sf single-family lot and one 9,246 sf duplex lot. Currently, there are two single-family residences located on the property, one at 510 Walnut Street and the other at 511 Race Street (a platted alley); and described as S1/2 Lot 9, and all of Lots 10, 11, 12 in Block 3, of land situated in the NE 1/4, Section 7, Township 10, Range 84 West, City of Aspen, Colorado. The development application is attached as Exhibit A. The referral comments are included as Exhibit B. The Improvement Survey Plat is Exhibit C and proposed Ordinance 25 is attached as Exhibit D. ZONING: Medium-Density Residential (R-6) APPLICANT: Robert Zupancis and Silvia Davis BACKGROUND: The property is located north of South Avenue between Walnut Street and the alley commonly referred to as Race Street in the Smuggler neighborhood. Two single-family residences currently occupy the site. The house facing Walnut Street is 1 .. 2,780 sf and contains five bedrooms. The three bedroom residence along Race Street totals 1,373 sf. and does not meet the dimensional requirements for rear and side yard setbacks established within the R-6 zone district. The applicant is proposing to subdivide the parcel into two residential lots. Lot 1 is a 7,500 sf single-family lot and Lot 2 is a duplex lot containing 9,246 sf. The proposed residential lots have an east/west orientation which is consistent with the original platting of the William's Addition. Upon subdivision approval, the applicant is proposing to demolish the house at 510 Walnut Street and construct a new duplex on Lot 2. The residence at 511 Race Street shall remain in its current location as long as the applicant continues to own both lots. At such time Lot 1 is sold, the existing home shall be demolished and a single-family residence shall be reconstructed in accordance with the R-6 zone requirements. REVIEW PROCESS: The subdivision process is a Two-step commission and council review as delineated in Section 26.52.060(A)(5)(b), Review of a development application by decision-making bodies, of the Municipal Code: Step 1 is a public hearing before Planning and Zoning Commission to determine if the development application meets the requirements of Section 26.88.040, Subdivision approval. The Commission shall recommend approval, approval with conditions or disapproval of the proposal and the recommendation is forwarded to City Council; Step 2 is a hearing by the City Council at which time the subdivision application may be granted approval, approval with conditions or disapproval of the subdivision plat. REFERRAL COMMENTS: The following departments have reviewed the subdivision application and their comments ( Exhibit B) are summarized below: ENGINEERING: 23 Plat and survey requirements: Subdivision plat and survey shall comply with Colorado state statute. b) Subdivision standards: City design standards for subdivision, Section 26.88.040, shall be met for the entire development. dj Alley right-of-way: Race Street is legally and functionally a platted alley with a twenty foot right-of-way. To ensure adequate vehicular circulation, the alley may not be used for snow storage by the adjacent property owners. dj Snow Storage Area : The applicant agrees to remove at least 50% of the existing aspens within the snow storage easement to allow for greater snow storage capacity along South Avenue. e) Water service: Prior to recordation of the final plat, provide evidence that the existing yard hydrant has been traced to its source and properly abandoned. At the time of demolition for the 510 Walnut Street residence, the applicant shall set up a new yard 2 .. hydrant on the existing domestic water line along with the establishment of a construction account, or abandon all existing water service lines fronting the property. Water lines for both Lots 1 and 2 shall be brought into compliance with current Aspen Water Department standards for a separate single-family residence (i.e. single tap, single service line, single curb box, single meter, all of consistent line size), or duplex development, as appropriate for each lot. f) Parking: The frontages along South Avenue shall be a no parking zone. Parking shall be allowed on Walnut Street forty-five feet from the South Avenue intersection and no parking shall be permitted within five feet of the existing fire hydrant. Â© Improvement districts: Property owners shall be required to join any future improvement districts formed for the purpose of constructing improvements in the adjacent public rights-of-way. The agreement shall be executed and recorded prior to the acceptance of the final subdivision plat. h) Utility service and community impacts: General utility service arrangements are acceptable except where superseded by specific requirements of the Engineering Department and other reviewing departments or agencies. i) Mutual encroachments: The mutual encroachments of the existing residences across the proposed lot line between Lot 1 and Lot 2 shall be fully described by bearing and distance. The covenant regarding demolition of the existing residence at 510 Walnut Street shall appear on the final subdivision plat as note referencing the previously recorded separate subdivision covenants. D Curb, Gutter and Sidewalk Agreement: A note shall placed in the subdivision agreement and final subdivision plat explaining the condition of approval for an appropriate curb, gutter and sidewalk agreement. The future property owner(s) shall be responsible for the construction or commitment to construct the improvements along their respective Walnut Street frontages whenever they apply for a building permit. HOUSING: Pursuant to Section 26.100.050, several types of development are eligible for exemption from the residential growth management competition. In order to qualify for a single- family and/or duplex exemption, the property owner shall meet the following standards: A. Single-family exemption for Lot 1 1. provide an accessory dwelling unit; 2. pay the applicable affordable housing impact fee; or 3. record a resident-occupancy deed restriction on the single-family dwelling unit being constructed. B. Duplex exemption for Lot 2 1. provide one free-market dwelling unit and one deed-restricted, resident-occupied dwelling unit with a minimum floor area of one thousand five hundred (1500) square feet; 3 .. 2. provide two free-market dwelling units and one accessory dwelling unit with a minimum floor area of six hundred (600) square feet; 3. provide two deed-restricted, resident-occupied dwelling units; or 4. pay the applicable affordable housing impact fee. PARKS: a) The fence along Walnut Street that encroached into the public right-of-way has been removed by the applicant. It is no longer a condition of approval. b) The property owners shall be responsible for snow removal on the public sidewalk along South Avenue pursuant to Section 21.32.010 - 21.32.050 of the Municipal Code. c) A permit for the removal of any trees shall be applied for prior to the issuance of a building permit. Excavation shall not occur within the dripline of the trees. If any construction activity is to occur near existing trees, protective fencing shall be placed around the dripline of those trees STAFF COMMENTS: This development proposal is being evaluated in relationship to the standards and requirements set forth in Chapter 26.88, Subdivision, of the Municipal Code due to the following considerations: a) Pursuant to Section 26.88.040, Subdivision approval, a development order for subdivision shall be considered for approval if the applicant has been awarded a development allotment or has obtained a GMQS exemption in accordance with Section 26.100.050, Exemptions; and b) Pursuant to Section 26.88.040(A)(5), Aspen Townsite lots, if two or more lots within the original Aspen Townsite or additions thereto have continuous frontage and are in single ownership (including husband and wife) on October 27,1975, the lots shall be considered an undivided lot for the purposes of this title, and conveyance of any portion shall constitute subdivision. SUBDIVISION: The proposed subdivision meets the general requirements set forth in Section 26.88.040(C)(1-5), Review standards for subdivision approval. The Community Development Staff finds the subdivision proposal to be in conformance with the following standards and requirements as summarized below: 1. General requirements: a. The proposed subdivision is consistent with the development and housing goals adopted within the Aspen Area Comprehensive Plan; b. The proposed subdivision is consistent with the character of existing Medium- Density Residential (R-6) zone district and the other residential land uses in the Smuggler neighborhood; c. The proposed subdivision is consistent with the existing and adjacent residential development. A single-family residence is proposed for Lot 1 and a duplex is proposed on Lot 2 which should not adversely affect the future development of 4 .. surrounding areas; and d. The proposed subdivision shall comply with all conditions of approval before recordation of development documents or prior to the issuance of building permits, whichever is applicable. 2. Suitability of land for subdivision: a. The land is suitable for development as the site is not subject to natural hazards such as flooding, mudflows, avalanches or snowslides, steep topography or other conditions that are harmful to the health, safety or welfare of the residents. The property is located within the Smuggler Superfund site. There is a small area along the southern frontage with soil lead contamination levels requiring mitigation if it is disturbed. A redevelopment proposal that avoids the contaminated soils would not require any special action. However, mitigation of the contaminated zone would permit the issuance of a certificate to the property owner indicating that the site was "clean". Mitigation may be as simple as adding a soil cap to the contaminated areas without disturbing the contaminated soil underneath. Properties within the Superfund site require an additional permit associated with the building permit process. b. The spatial pattern of the proposed subdivision is efficient and does not create duplication, premature extension of public facilities or unnecessary public costs. 3. Improvements. a. Required improvements. The required improvements (1-16) for the proposed subdivision are currently in existence. b. Approved plans. The applicant shall not commence construction on any relocation of the existing improvements as required by Section 26.88.040(C)(3)(a)(1-16) until a plan, profile, and specifications have been received and approved by the City Engineer and, when appropriate, the relevant utility company. c. Oversized utilities. Not applicable. 4. Design standards. a. Streets and related improvements. The required street standards (1-24) for the proposed subdivision are currently in existence. b. Easements. All utility easements shall meet City standards. Any relocation of utility easements shall require submission to and approval by the City Engineer. c. Lots and blocks. The proposed subdivision meets the applicable regulations. d. Survey monuments. All of the survey requirements shall be in compliance with the applicable regulations and statutes. e. Utilities. All of the required utility standards (1-7) have been met. f. Storm drainage. The proposed subdivision shall meet the requirements (1-4) set forth in the storm drainage standards. g. Flood hazard areas. Not applicable. 5. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to 5 .. provide affordable housing. Since this application for subdivision is being reviewed in accordance with Section 26.100.050(A)(5), GMQS exemptions, certain requirements need to be met. In order to qualify for a single-family and/or duplex exemption, the applicant (property owner) shall meet the following standards: A. Single-family exemption for Lot 1 1. provide an accessory dwelling unit; 2. pay the applicable affordable housing impact fee; or 3. record a resident-occupancy deed restriction on the single-family unit being built. B. Duplex exemption for Lot 2 1. provide one free-market dwelling unit and one deed-restricted, resident-occupied dwelling unit with a minimum floor area of one thousand five hundred (1,500) square feet; 2. provide two free-market dwelling units and one accessory dwelling unit with a minimum of six hundred (600) square feet; 3. provide two deed-restricted, resident-occupied dwelling units; or 4. pay the applicable affordable housing impact fee. STAFF RECOMMENDATION: The Community Development Staff recommends approval of the Zupancis Subdivision within the Medium-Density Residential (R-6) zone district as presented in the application text and plat map with the following conditions: 1. The final improvemendsubdivision survey plat shall be prepared in accordance with the standards of 38-51 C.R.S., as amended, and submitted to the City Engineering Department for review and approval. 2. The area within the Superfund site shall delineated on the final subdivision plat with notation detailing any special considerations and mitigation measures that apply. 3. The mutual encroachments of the existing residences across the proposed lot line between Lots 1 and 2 shall be fully described by bearing and distance and the covenant regarding the demolition of the existing house at 510 Walnut Street shall appear on the subdivision plat as a note referencing the previously recorded separate subdivision covenants. 4. The actual configuration of the sanitary sewer services shall be resolved and verified by City Engineering prior to the approval of the final plat. 5. The owners of the residential lots shall be required to join any future improvements districts formed for the purpose of constructing improvements in adjacent public rights-of-way. The agreement shall be executed and recorded prior to the acceptance of the final subdivision plat. 6 .. 6. The final plat/improvements survey and subdivision agreement shall be recorded with the Pitkin County Clerk and Recorder. If the applicant fails to record the plat documents within a period of one hundred and eighty days following approval by the City Council, the plat may be rendered invalid. 7. A storm drainage plan shall be submitted to and approved by City Engineering prior to the issuance of any building permits. 8. If any trees are to removed, a tree removal permit shall be required prior to the issuance of any excavation or building permits. 9. The lot owners shall be required to meet the affordable housing requirements for the proposed single-family residence on Lot 1 and the proposed duplex on Lot 2 in accordance with the standards set forth in Section 26.100.050(A)(4)(c) of the Code. 10. The property owners shall be responsible for snow removal on the sidewalk along South Avenue. 11. The frontages along South Avenue shall be no parking zones. Limited off-street parking shall be permitted on Walnut Street, forty-five feet from the South Avenue intersection, and no parking within five feet of the existing fire hydrant. 12. The proposed single-family residences on Lots 1 and 2 shall conform to the dimensional requirements of Section 26.28.040, Medium-Density Residential (R-6). 13. All material representations made by the applicant within the application, and at hearings before the Planning and Zoning Commission or the City Council shall be adhered to and considered conditions of approval unless otherwise amended. ALTERNATIVES: City Council may approve additional conditions or disapprove of the application for subdivision. PROPOSED MOTION: "I move to approve the Zupancis Subdivision with the conditions set forth in the Community Development Memorandum of August 12,1996." CITY MANAGER COMMENTS: EXHIBITS: "A" - Application for Subdivision "B" - Referral Memorandums "C" - Improvement Survey Plat "D" - Ordinance No. 25, Series of 1996 7 .. PUBLIC NOTICE RE: ZUPANCIS SUBDIVISION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, August 12,1996 at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Robert Zupancis and Silvia Davis, requesting approval to subdivide a lot with two existing dwellings so that each has its own legal description. The property is located at 510 Walnut Street and 511 Race Street, and is described as S 1/2 Lot 9, all of Lots 10, 11, 12 in Block 3, of land situated in the NE 1/4, SW 1/4, Section 7, Township 10 South, Range 84 West City ofAspen. For further information, contact Bob Nevins at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102. s/John Bennett. Mayor Aspen City Council Published in the Aspen Times on July 27,1996 City of Aspen Account ) 1 0-' ito t.Â· F.c. i.ir i - -ft: 4 /95,â€ž 0 1/0 0 MEMORANDUM TO: Aspen City Council THRU: Amy Margerum, City Manager V - THRU: Stan Clauson, Community Development Director-CL~P- Dave Michaelson, Deputy Director .A. FROM: Bob Nevins, City Planner RE: Zupancis Subdivision, Ordinance No. 0- 6 - First Reading William's Addition, City of Aspen, Colorado Parcel ID No. 2737-073-00-026 DATE: July 8, 1996 SUMMARY: Subdivision Review is a two-step process. Planning and Zoning Commission reviewed the proposal on June 18, 1996, and recommend to Council approval of the subdivision with conditions. The applicant is requesting approval to subdivide an existing 16,746 sf parcel into two residential lots. The subdivision proposes to create one 7,500 sf single-family lot and one 9,246 sf duplex lot. Currently, there are two single-family residences located on the property, one at 510 Walnut Street and the other at 511 Race Street (a platted alley); and described as S 1/2 Lot 9, and all of Lots 10, 11, 12 in Block 3, of land situated in the NE 1/4, Section 7, Township 10, Range 84 West, City of Aspen, Colorado. The development application is attached as Exhibit A. The referral comments are included as Exhibit B. The proposed Ordinance is Exhibit C. ZONING: Medium-Density Residential (R-6) APPLICANT: Robert Zupancis and Silvia Davis BACKGROUND: The property is located north of South Avenue between Walnut Street and the alley commonly referred to as Race Street in the Smuggler neighborhood. Two single-family residences currently occupy the site. The house facing Walnut Street is 2,780 sf and contains five bedrooms. The three bedroom residence along Race Street totals 1,373 sf. and does not meet the dimensional requirements for rear and side yard setbacks established within the R-6 zone district. The applicant is proposing to subdivide the parcel into two residential lots. Lot 1 is a 1 .. 7,500 sf single-family lot and Lot 2 is a duplex lot containing 9,246 sf. The proposed residential lots have an east/west orientation which is consistent with the original platting of the William' s Addition. Upon subdivision approval, the applicant is proposing to demolish the house at 510 Walnut Street and construct a new duplex on Lot 2. The residence at 511 Race Street shall remain in its current location as long as the applicant continues to own both lots. At such time Lot 1 is sold, the existing home shall be demolished and a single-family residence shall be reconstructed in accordance with the R-6 zone requirements. REVIEW PROCESS: The subdivision process is a Two-step commission and council review as delineated in Section 26.52.060(A)(5)(b), Review of a development application by decision-making bodies, of the Municipal Code: Step 1 is a public hearing before Planning and Zoning Commission to determine if the development application meets the requirements of Section 26.88.040, Subdivision approval. The Commission shall recommend approval, approval with conditions or disapproval of the proposal and the recommendation is forwarded to City Council; Step 2 is a hearing by the City Council at which time the subdivision application may be granted approval, approval with conditions or disapproval of the subdivision plat. REFERRAL COMMENTS: The following departments have reviewed the subdivision application and their comments ( Exhibit B) are summarized below: ENGINEERING: a) Plat and survey requirements: Subdivision plat and survey shall comply with Colorado state statute. b) Subdivision standards: City design standards for subdivision, Section 26.88.040, shall be met for the entire development. c) Alley right-of-way: Race Street is legally and functionally a platted alley with a twenty foot right-of-way. To ensure adequate vehicular circulation, the alley may not be used for snow storage by the adjacent property owners. dj Snow Storage Area : The applicant agrees to remove at least 50% of the existing aspens within the snow storage easement to allow for greater snow storage capacity along South Avenue. e) Water service: Prior to recordation of the final plat, provide evidence that the existing yard hydrant has been traced to its source and properly abandoned. At the time of demolition for the 510 Walnut Street residence, the applicant shall set up a new yard hydrant on the existing domestic water line along with the establishment of a construction account, or abandon all existing water service lines fronting the property. Water lines for both Lots 1 and 2 shall be brought into compliance with current Aspen Water Department standards for a separate single-family residence (i.e. single tap, single service line, single curb box, single meter, all of consistent line size), or duplex 2 .. development, as appropriate for each lot. f) Parking: The frontages along South Avenue shall be a no parking zone. Parking shall be allowed on Walnut Street forty-five feet from the South Avenue intersection and no parking shall be permitted within five feet of the existing fire hydrant. g) Improvement districts: Property owners shall be required to join any future improvement districts formed for the purpose of constructing improvements in the adjacent public rights-of-way. The agreement shall be executed and recorded prior to the acceptance of the final subdivision plat. h) Utility service and community impacts: General utility service arrangements are acceptable except where superseded by specific requirements of the Engineering Department and other reviewing departments or agencies. i) Mutual encroachments: The mutual encroachments of the existing residences across the proposed lot line between Lot 1 and Lot 2 shall be fully described by bearing and distance. The covenant regarding demolition of the existing residence at 510 Walnut Street shall appear on the final subdivision plat as note referencing the previously recorded separate subdivision covenants. D Curb, Gutter and Sidewalk Agreement: A note shall placed in the subdivision agreement and final subdivision plat explaining the condition of approval for an appropriate curb, gutter and sidewalk agreement. The future property owner(s) shall be responsible for the construction or commitment to construct the improvements along their respective Walnut Street frontages whenever they apply for a building permit. HOUSING: Pursuant to Section 26.100.050, several types of development are eligible for exemption from the residential growth management competition. In order to qualify for a single- family and/or duplex exemption, the property owner shall meet the following standards: A. Single-family exemption for Lot 1 1. provide an accessory dwelling unit; 2. pay the applicable affordable housing impact fee; or 3. record a resident-occupancy deed restriction on the single-family dwelling unit being constructed. B. Duplex exemption for Lot 2 1. provide one free-market dwelling unit and one deed-restricted, resident-occupied dwelling unit with a minimum floor area of one thousand five hundred (1500) square feet; 2. provide two free-market dwelling units and one accessory dwelling unit with a minimum floor area of six hundred (600) square feet; 3. provide two deed-restricted, resident-occupied dwelling units; or 4. pay the applicable affordable housing impact fee. 3 .. PARKS: a) The existing fence along Walnut Street encroaches into the public right-of-way. As a condition of approval, the applicant shall move the fence to their property line or they shall apply for an encroachment permit separate from this subdivision application. Should the encroachment permit be denied, the applicant shall be required to relocate or demolish the fence. b) The property owners shall be responsible for snow removal on the public sidewalk along South Avenue pursuant to Section 21.32.010 - 21.32.050 of the Municipal Code. c) A permit for the removal of any trees shall be applied for prior to the issuance of a building permit. Excavation shall not occur within the dripline of the trees. If any construction activity is to occur near existing trees, protective fencing shall be placed around the dripline of those trees STAFF COMMENTS: This development proposal is being evaluated in relationship to the standards and requirements set forth in Chapter 26.88, Subdivision, of the Municipal Code due to the following considerations: a) Pursuant to Section 26.88.040, Subdivision approval, a development order for subdivision shall be considered for approval if the applicant has been awarded a development allotment or has obtained a GMQS exemption in accordance with Section 26.100.050, Exemptions; and b) Pursuant to Section 26.88.040(A)(5), Aspen Townsite lots, if two or more lots within the original Aspen Townsite or additions thereto have continuous frontage and are in single ownership (including husband and wife) on October 27, 1975, the lots shall be considered an undivided lot for the purposes of this title, and conveyance of any portion shall constitute subdivision. SUBDIVISION: The proposed subdivision meets the general requirements set forth in Section 26.88.040(C)(1-5), Review standards for subdivision approval. The Community Development Staff finds the subdivision proposal to be in conformance with the following standards and requirements as summarized below: 1. General requirements: a. The proposed subdivision is consistent with the development and housing goals adopted within the Aspen Area Comprehensive Plan; b. The proposed subdivision is consistent with the character of existing Medium- Density Residential (R-6) zone district and the other residential land uses in the Smuggler neighborhood; c. The proposed subdivision is consistent with the existing and adjacent residential development. A single-family residence is proposed for Lot 1 and a duplex is proposed on Lot 2 which should not adversely affect the future development of surrounding areas; and d. The proposed subdivision shall comply with all conditions of approval before 4 .. recordation of development documents or prior to the issuance of building permits, whichever is applicable. 2. Suitability of land for subdivision: a. The land is suitable for development as the site is not subject to natural hazards such as flooding, mudflows, avalanches or snowslides, steep topography or other conditions that are harmful to the health, safety or welfare of the residents. The property is located within the Smuggler Superfund site. There is a small area along the southern frontage with soil lead contamination levels requiring mitigation if it is disturbed. A redevelopment proposal that avoids the contaminated soils would not require any special action. However, mitigation of the contaminated zone would permit the issuance of a certificate to the property owner indicating that the site was "clean". Mitigation may be as simple as adding a soil cap to the contaminated areas without disturbing the contaminated soil underneath. Properties within the Superfund site require an additional permit associated with the building permit process. b. The spatial pattern of the proposed subdivision is efficient and does not create duplication, premature extension of public facilities or unnecessary public costs. 3. Improvements. a. Required improvements. The required improvements (1-16) for the proposed subdivision are currently in existence. b. Approved plans. The applicant shall not commence construction on any relocation of the existing improvements as required by Section 26.88.040(C)(3)(a)(1-16) until a plan, profile, and specifications have been received and approved by the City Engineer and, when appropriate, the relevant utility company. c. Oversized utilities. Not applicable. 4. Design standards. a. Streets and related improvements. The required street standards (1-24) for the proposed subdivision are currently in existence. b. Easements. All utility easements shall meet City standards. Any relocation of utility easements shall require submission to and approval by the City Engineer. c. Lots and blocks. The proposed subdivision meets the applicable regulations. d. Survey monuments. All of the survey requirements shall be in compliance with the applicable regulations and statutes. e. Utilities. All of the required utility standards (1-7) have been met. f. Storni drainage. The proposed subdivision shall meet the requirements (1-4) set forth in the storm drainage standards. g. Flood hazard areas. Not applicable. 5. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing. Since this application for subdivision is being reviewed in accordance with Section 26.100.050(A)(5), GMQS exemptions, certain requirements 5 .. need to be met. In order to qualify for a single-family and/or duplex exemption, the applicant (property owner) shall meet the following standards: A. Single-family exemption for Lot 1 1. provide an accessory dwelling unit; 2. pay the applicable affordable housing impact fee; or 3. record a resident-occupancy deed restriction on the single-family unit being built. B. Duplex exemption for Lot 2 1. provide one free-market dwelling unit and one deed-restricted, resident-occupied dwelling unit with a minimum floor area of one thousand five hundred (1,500) square feet; 2. provide two free-market dwelling units and one accessory dwelling unit with a minimum of six hundred (600) square feet; 3. provide two deed-restricted, resident-occupied dwelling units; or 4. pay the applicable affordable housing impact fee. STAFF RECOMMENDATION: The Community Development Staff recommends approval of the Zupancis Subdivision within the Medium-Density Residential (R-6) zone district as presented in the application text and plat map with the following conditions: 1. The final improvemenUsubdivision survey plat shall be prepared in accordance with the standards of 38-51 C.R.S., as amended, and submitted to the City Engineering Department for review and approval. 2. The area within the Superfund site shall delineated on the final subdivision plat with notation detailing any special considerations and mitigation measures that apply. 3. The mutual encroachments of the existing residences across the proposed lot line between Lots 1 and 2 shall be fully described by bearing and distance and the covenant regarding the demolition of the existing house at 510 Walnut Street shall appear on the subdivision plat as a note referencing the previously recorded separate subdivision covenants. 4. The actual configuration of the sanitary sewer services shall be resolved and verified by City Engineering prior to the approval of the final plat. 5. The owners of the residential lots shall be required to join any future improvements districts formed for the purpose of constructing improvements in adjacent public rights-of-way. The agreement shall be executed and recorded prior to the acceptance of the final subdivision plat. 6 .. 6. The final plat/improvements survey and subdivision agreement shall be recorded with the Pitkin County Clerk and Recorder. If the applicant fails to record the plat documents within a period of one hundred and eighty days following approval by the City Council, the plat may be rendered invalid. 7. A storm drainage plan shall be submitted to and approved by City Engineering prior to the issuance of any building permits. 8. If any trees are to removed, a tree removal permit shall be required prior to the issuance of any excavation or building permits. 9. The lot owners shall be required to meet the affordable housing requirements for the proposed single-family residence on Lot 1 and the proposed duplex on Lot 2 in accordance with the standards set forth in Section 26.100.050(A)(4)(c) of the Code. 10. The property owners shall be responsible for snow removal on the sidewalk along South Avenue. 11. The frontages along South Avenue shall be no parking zones. Limited off-street parking shall be permitted on Walnut Street, forty-five feet from the South Avenue intersection, and no parking within five feet of the existing fire hydrant. 12. The proposed single-family residences on Lots 1 and 2 shall conform to the dimensional requirements of Section 26.28.040, Medium-Density Residential (R-6). 13. All material representations made by the applicant within the application, and at hearings before the Planning and Zoning Commission or the City Council shall be adhered to and considered conditions of approval unless otherwise amended. ALTERNATIVES: City Council may approve additional conditions or disapprove of the application for subdivision. PROPOSED MOTION: "I move to approve the Zupancis Subdivision with the conditions delineated in the Community Development Memorandum of July 8, 1996." CITY MANAGER COMMENTS: EXHIBITS: "A" - Application for Subdivision "B" - Referral Memorandums "C" - Ordinance No. , Series of 1996 7 606 .. MEMORANDUM TO: Planning Staff John Ely, County Attorney Susan Murphy, County Administration John Worcester, City Attorney Kathryn Koch, City Clerk FROM: Rhonda Harris, Community Development Department RE: Work Schedule-Memos Due Week of June 21, 1996 JULY 8 - CITY COUNCIL Aspen Club PUD (DM) Zupancis Subdivision (BN) Lot 5, Aspen Meadows SPA (BN) Lot 6, Aspen Meadows SPA (BN) JULY 10 - BOCC Rural/Remote Amendments. 2nd Reading (CH) Larsen CDU (ES) Miller/Favour 1041 HR & CDU (LC) Jaffee/Prince Creek 1041 HR (ES) JULY 10 - HPC 303 E. Main - Vested Rights Meadows - Minor 706 W. Main 1008 E. Hopkins - Worksession BOCC RESOLUTIONS/ORDINANCES OUTSTANDING: Moore PUD/Subdivision Ord-2/28/95 (TM) Elk Mountain Lodge - 4/22/96 (RM) Cozy Point - 6/12/96 (FK) CITY P&Z RESOLUTIONS OUTSTANDING: Hernandez ADU-2/6/96 (DM) 820 E. Cooper ADU-2/6/96 (AA) .. MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Stan Clauson, Community Development Director Dave Michaelson, Deputy Director FROM: Bob Nevins, City Planner RE: Zupancis Subdivision, William's Addition, City of Aspen, Colorado Parcel ID No. 2737-073-00-026 DATE: June 18,1996 SUMMARY: The public hearing for the Zupancis Subdivision was originally scheduled for May 7,1996. The Planning and Zoning Commission tabled the application due to insufficient public notification pursuant to Chapter 26.52, Common Development Review Procedures. The hearing was rescheduled for June 18, 1996. The applicant is requesting approval to subdivide an existing 16,746 sf parcel into two residential lots. The subdivision proposes to create one 7,500 sf single-family lot and one 9,246 sf duplex lot. Currently, there are two single-family residences located on the property, one at 510 Walnut Street and the other at 511 Race Street (a platted alley); and described as S 1/2 Lot 9, and all of Lots 10, 11, 12 in Block 3, of land situated in the NE 1/4, Section 7, Township 10, Range 84 West, City of Aspen, Colorado. ZONING: Medium-Density Residential (R-6) APPLICANT: Robert Zupancis and Silvia Davis BACKGROUND: The property is located north of South Avenue between Walnut Street and the alley commonly referred to as Race Street in the Smuggler neighborhood. Two single-family residences currently occupy the site. The house facing Walnut Street is 2,780 sf and contains five bedrooms. The wooden fence in front of the house encroaches into the Walnut Street right-of-way. The three bedroom residence along Race Street totals 1,373 sf. and does not meet the dimensional requirements for rear and side yard setbacks established within the R-6 zone district. The applicant is proposing to subdivide the parcel into two residential lots. Lot 1 is a 7,500 sf single-family lot and Lot 2 is a duplex lot containing 9,246 sf. The proposed residential lots have an east/west orientation which is consistent with the original platting of the William' s Addition. 1 .. Upon subdivision approval, the applicant is proposing to demolish the house at 510 Walnut Street and construct a new duplex on Lot 2. The residence at 511 Race Street shall remain in its current location as long as the applicant continues to own both lots. At such time Lot 1 is sold, the existing home(s) shall be demolished and a single-family residence shall be reconstructed in accordance with the R-6 zone requirements. REVIEW PROCESS: The subdivision process is a Two-step commission and council review as delineated in Section 26.52.060(A)(5)(b), Review of a development application by decision-making bodies, of the Land Use Regulations: Step 1 is a public hearing before Planning and Zoning Commission to determine if the development application meets the requirements of Section 26.88.040, Subdivision approval. The Commission shall recommend approval, approval with conditions or disapproval of the proposal and the recommendation is forwarded to City Council; Step 2 is a hearing by the City Council at which time the subdivision application may be granted approval, approval with conditions or disapproval of the subdivision plat. REFERRAL COMMENTS: The following departments have reviewed the subdivision application and their comments (see Exhibit B) are summarized below: ENGINEERING: a) Plat and survey requirements: Subdivision plat and survey shall comply with Colorado state statute. b) Subdivision standards: City design standards for subdivision, Section 26.88.040, shall be met for the entire development. c) Alley right-of-way: Race Street is legally and functionally a platted alley with a twenty foot right-of-way and there is no apparent need for dedication additional right- of-way width. d) Sidewalk: To improve winter snow storage and pedestrian access along South Avenue, it is agreed that the property owners will remove the snow rather than change the sidewalk and the existing snow storage easements at this time. The applicant also agrees to thin the existing aspen trees by at least 50% to allow for more snow storage within the present easement. e) Water service: Prior to recordation of the final plat, provide evidence that the existing yard hydrant has been traced and properly abandoned; at the time a demolition permit is issued for Lot 1, the applicant shall either set up a new yard hydrant on the existing water service line along with the establishment of a construction account, or abandon all existing water service lines fronting the property; and water service lines for Lots 1 and 2 shall be brought into compliance with the current water service line standards for a separate single-family residence or duplex, as appropriate. f) Parking: The frontage along Walnut Street shall be a no parking zone extending from South Avenue and continuing for a distance of 45 feet along Walnut Street. Parking shall 2 .. be parallel and not allowed within five feet of the existing fire hydrant on Walnut Street. No parking shall be permitted in the Race Alley right-ofrway or on South Avenue. Â© Improvement districts: Property owners shall be required to join any future improvement districts formed for the purpose of constructing improvements in the adjacent public rights-of-way. The condition shall be included in the subdivision agreement and shown on the final plat. ht Utility service and community impacts: General utility service arrangements are acceptable except where superseded by specific requirements of the Engineering Department and other reviewing departments or agencies. 4 Building encroachments: The encroachment of the existing residences across the proposed lot line between Lot 1 and Lot 2 shall be fully described by bearing and distance and condition shall be placed in the subdivision agreement and on the plat, that when either lot is sold to a new owner, or a demolition or building permit is requested for either lot, the portion of the existing house on Lot 1 which encroaches into Lot 2 shall be removed. Partial demolition of the encroaching portion of the house shall meet this condition. D Curb, gutter and sidewalk agreement: A note explaining the condition of approval for an appropriate curb, gutter and sidewalk agreement shall be placed on the final subdivision plat and contained in the subdivision agreement. The future property owner shall be responsible for the construction or commitment to construct the curb, gutter and sidewalk along their Walnut Street frontages whenever a construction permit is issued for their property. HOUSING: Pursuant to Section 26.100.050, several types of development are eligible for exemption from the residential growth management competition. In order to qualify for a single- family and/or duplex exemption, the property owner shall meet the following standards: A. Single-family exemption for Lot 1 1. provide an accessory dwelling unit; 2. pay the applicable affordable housing impact fee; or 3. record a resident-occupancy deed restriction on the single-family dwelling unit being constructed. B. Duplex exemption for Lot 2 1. provide one free-market dwelling unit and one deed-restricted, resident-occupied dwelling unit with a minimum floor area of one thousand five hundred (1500) square feet; 2. provide two free-market dwelling units and one accessory dwelling unit with a minimum floor area of six hundred (600) square feet; 3. provide two deed-restricted, resident-occupied dwelling units; or 4. pay the applicable affordable housing impact fee. 3 .. PARKS: a) The applicant has removed the fence. b) The property owners shall be responsible for snow removal on the public sidewalk along South Avenue pursuant to Section 21.32.010 - 21.32.050 of the Municipal Code. c) A permit for the removal of any trees shall be applied for prior to the issuance of a building permit. Excavation shall not occur within the dripline of the trees. If any construction activity is to occur near existing trees, protective fencing shall be placed around the dripline of those trees. STAFF COMMENTS: This development proposal is being evaluated in relationship to the standards and requirements set forth in Chapter 26.88, Subdivision, of the Municipal Code due to the following considerations: a) Pursuant to Section 26.88.040, Subdivision approval, a development order for subdivision shall be considered for approval if the applicant has been awarded a development allotment or has obtained a GMQS exemption in accordance with Section 26.100.050, Exemptions; and b) Pursuant to Section 26.88.040(A)(5), Aspen Townsite lots, if two or more lots within the original Aspen Townsite or additions thereto have continuous frontage and are in single ownership (including husband and wife) on October 27,1975, the lots shall be considered an undivided lot for the purposes of this title, and conveyance of any portion shall constitute subdivision. SUBDIVISION: The proposed subdivision meets the general requirements set forth in Section 26.88.040(C)(1-5), Review standards for subdivision approval. The Community Development Staff finds the subdivision proposal to be in conformance with the following standards and requirements as summarized below: 1. General requirements: a. The proposed subdivision is consistent with the development and housing goals adopted within the Aspen Area Comprehensive Plan; b. The proposed subdivision is consistent with the character of existing Medium- Density Residential (R-6) zone district and the other residential land uses in the Smuggler neighborhood; c. The proposed subdivision is consistent with the existing and adjacent residential development. A single-family residence is proposed for Lot 1 and a duplex is proposed on Lot 2 which should not adversely affect the future development of surrounding areas; and d. The proposed subdivision shall comply with all conditions of approval before recordation of development documents or prior to the issuance of building permits, whichever is applicable. 4 .. 2. Suitability of land for subdivision: a. The land is suitable for development as the site is not subject to natural hazards such as flooding, mudflows, avalanches or snowslides, steep topography or other conditions that are harmful to the health, safety or welfare of the residents. The property is located within the Smuggler Superfund site. There is a small area along the southern frontage with soil lead contamination levels requiring mitigation if it is disturbed. A redevelopment proposal that avoids the contaminated soils would not require any special action. However, mitigation of the contaminated zone would permit the issuance of a certificate to the property owner indicating that the site was "clean". Mitigation may be as simple as adding a soil cap to the contaminated areas without disturbing the contaminated soil underneath. Properties within the Superfund site require an additional permit associated with the building permit process. b. The spatial pattern of the proposed subdivision is efficient and does not create duplication, premature extension of public facilities or unnecessary public costs. 3. Improvements. a. Required improvements. The required improvements (1-16) for the proposed subdivision are currently in existence. b. Approved plans. The applicant shall not commence construction on any relocation of the existing improvements as required by Section 26.88.040(C)(3)(a)(1-16) until a plan, profile, and specifications have been received and approved by the City Engineer and, when appropriate, the relevant utility company. c. Oversized utilities. Not applicable. 4. Design standards. a. Streets and related improvements. The required street standards (1-24) for the proposed subdivision are currently in existence. b. Easements. All utility easements shall meet City standards. Any relocation of utility easements shall require submission to and approval by the City Engineer. c. Lots and blocks. The proposed subdivision meets the applicable regulations. d. Survey monuments. All of the survey requirements shall be in compliance with the applicable regulations and statutes. e. Utilities. All of the required utility standards (1-7) have been met. f. Storm drainage. The proposed subdivision shall meet the requirements (1-4) set forth in the storm drainage standards. g. Flood hazard areas. Not applicable. 5. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing. Since this application for subdivision is being reviewed in accordance with Section 26.100.050(A)(5), GMQS exemptions, certain requirements need to be met. In order to qualify for a single-family and/or duplex exemption, the 5 .. applicant (property owner) shall meet the following standards: A. Single-family exemption for Lot 1 1. provide an accessory dwelling unit; 2. pay the applicable affordable housing impact fee; or 3. record a resident-occupancy deed restriction on the single-family unit being built. B. Duplex exemption for Lot 2 1. provide one free-market dwelling unit and one deed-restricted, resident-occupied dwelling unit with a minimum floor area of one thousand five hundred ( 1,500) square feet; 2. provide two free-market dwelling units and one accessory dwelling unit with a minimum of six hundred (600) square feet; 3. provide two deed-restricted, resident-occupied dwelling units; or 4. pay the applicable affordable housing impact fee. STAFF RECOMMENDATION: The Community Development Staff recommends approval of the Zupancis Subdivision within the Medium-Density Residential (R-6) zone district as presented in the application text and plat map with the following conditions: 1. The final improvement/subdivision survey plat shall be prepared in accordance with the standards of 38-51 C.R.S., as amended, and submitted to the City Engineering Department for review and approval. 2. The area within the Superfund site shall delineated on the final subdivision plat with notation detailing any special considerations and mitigation measures that apply. 3. The encroachment of the existing residences across the proposed lot line between Lots 1 and Lot 2 shall be fully described by bearing and distance and a condition shall be placed in the subdivision agreement and on the plat, that when either lot is sold to a new owner, or a demolition or building permit is requested for either lot, the existing house on Lot 1 (510 Walnut Street) which encroaches into Lot 2 shall be removed. Partial demolition of the encroaching portion of the house shall meet this condition if the house at 511 Race Street is demolished or removed. 4. The owners of the residential lots shall be required to join any future improvements districts formed for the purpose of constructing improvements in adjacent public rights- of-way. The agreement shall be executed and recorded prior to the acceptance of the final subdivision plat. 5. The final plat/improvements survey and subdivision agreement shall be recorded with the Pitkin County Clerk and Recorder. If the applicant fails to record the plat documents within a period of one hundred and eighty days following approval by the City Council, the plat may be rendered invalid. 6 .. 6. A storm drainage plan shall be submitted to and approved by City Engineering prior to the issuance of any building permits. 7. If any trees are to removed, a tree removal permit shall be required prior to the issuance of any excavation or building permits. No excavation shall occur within the dripline of trees and any construction activity occurring close to trees shall require protective fencing to be placed around the dripline of the trees. 8. The lot owners shall be required to meet the affordable housing requirements for the proposed single-family residence on Lot 1 and the proposed duplex on Lot 2 in accordance with the standards set forth in Section 26.100.050(A)(4)(c) of the Code. 9. The property owners shall be responsible for snow removal on the sidewalk along South Avenue. The applicant shall also thin the existing aspens by 50% to allow for more snow storage capacity 10. The frontage along Walnut Street shall be a no parking zone extending from South Avenue for a distance of 45 feet along Walnut Street. Parking shall be parallel and not allowed within five feet of the existing fire hydrant on Walnut Street. No parking shall be permitted in the Race Alley right-of-way or on South Avenue. 11. The proposed single-family residence on Lot l; and the proposed duplex or single- family residence on Lot 2 shall conform to the dimensional requirements of Section 26.28.040, Medium-Density Residential (R-6). 12. All material representations made by the applicant within the application, and at hearings before the Planning and Zoning Commission or the City Council shall be adhered to and considered conditions of approval unless otherwise amended. ALTERNATIVES: Planning and Zoning Commission may approve additional conditions or disapprove of the application for subdivision. PROPOSED MOTION: "I move to approve the Zupancis Subdivision with the conditions set forth in the Community Development Memorandum of June 18, 1996." EXHIBITS: "A" Application for Subdivision "B" Referral Memorandums 7 .. PUBLIC NOTICE RE: ZUPANCIS SUBDIVISION NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 18, 1996 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Robert Zupancis and Silvia Davis, requesting approval to subdivide a lot with two existing dwellings so that each has its own legal description. The property is located at 510 Walnut Street and 511 Race Street, and is described as S 1/2 Lot 9, all of Lots 10, 11, 12 in Block 3. of land situated in the NE 1/4, SW 1/4, Section 7, Township 10 South, Range 84 West City ofAspen. For further information, contact Bob Nevins at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102. s/Sara Garton. Chair Aspen Planning and Zoning Commission Published in the Aspen Times on June 1,1996 City of Aspen Account Â¥'11 04,1 1 ec 1 0 Ol t.. 1 + 1 1,9 04 1 .. MEMORANDUM To: Bob Nevins, Planner Tiu-11: Nick Adeh, City Engineer From: Ross C. Soderstrom, Project Engineer f&5 Date: May 23,1996 (Revised) Re: Zupancis Subdivision Review (510 Walnut Street and 511 Race Alley: S 1/2 Lot 9, and Lots 10, 11, and 12, Block 3, William's Subdivision, City of Aspen, CO; and a parcel situated in the NE 1/4, SW 1/4, Section 7, TlOS, R84W, City of Aspen, CO) After reviewing the above referenced application, discussing the site plan and limitations with the applicant, and making a site visit I have the following comments: Discussion & Recommendations: Since the original application for this subdivision was submitted, the lot line between the two (2) lots has been changed to an east-west orientation, following the original underlying subdivision lot lines, which facilitates redevelopmenr of the property in a manner more consistent with the existing utilities and neighborhood. As such, many of the previous physical limitations and subsequent development restrictions are no longer applicable and the subdivision is generally more pmctical. After discussing right-of-way widths, the snow storage easement, parking on Walnut Street utility easements, and the curb. gutter and sidewalk agreement with Robert Zupancis on May 21, 1996, I believe he and I are of agreement on the following matters. The revised subdivision plat will need to be re-submitted for review and acceptance by the Engineering Dept. before recording with the County Clerk and Recorder. 1. Improvement and Subdivision Survey: The submitted improvement survey needs to be revised and resubmitted for review and acceptance by the City Engineering Dept. before recording. Based upon conversations with the surveyor and owner, I believe the required changes have been reduced to technical surveying concerns and representing what has been verbally agreed upon in our discussions. The marked-up subdivision plat shall be returned with the revised subdivision plat for review. 1 OF 3 DRCM7A96.DOC DRAFT Exhibit B Memo - Zupancis Subdivision Review ~ . DRAFT 2. Subdivision Standards: The entire subdivision will need to meet the City design standards of Sec. 26.88.040 for subdivisions. 3. Race Alley Right-of-Way: Formerly known as Race Alley, this right-of-way is legally and functionally a platted 20 ft. wide alley lying between and parallel to Walnut Street and Spruce Street. Due to the re-orientation of the lot lines to an east-west direction there is no apparent need for dedication of additional right-of-way width in the alley by the property owner. 4. South Avenue Sidewalk and Snow Storage Area: After discussing the practical problem of snow storage behind the existing sidewalk with the owners, they have expressed their preference to remove snow rather than change the sidewalk and snow storage easement locations at this time. If future right-of-way work is planned for South Avenue, they will again consider physical changes in these improvements. We accept the owners offer to thin the existing stand of aspens to open up the snow storage easement and recommend removing at least one-half (1/2) of the existing aspen trees. The existing snow storage easement behind the sidewalk is constructively unusable due to the aspen trees in the easement and inefficient for storage of snow from the street due to its present position behind the sidewalk. 5. Water Service: Jay Hammond's March 13, 1996 engineering report factually represents the status of water service to the property. The following conditions related to water service are required: â€¢ Yard LIydrant: Prior to recordation of the final plat, provide evidence that the existing yard hydrant has been traced to its source and properly abandoned. â€¢ Demolition of Existing Structure: At the time of issuance of a demolition permit for the existing structure on the property (lot 1), the applicant will either set up a new yard hydrant on the existing domestic water service line to the structure along with establishment of a construction account, or abandon all existing water service lines fronting the property. â€¢ Water Service to Existing Structure: Water service lines for both Lots 1 and 2 will be brought into compliance with current water service line standards of the Aspen Water Department for a separate single family residence (i.e., single tap, single service line, single curb box, single meter, all of consistent line size), or duplex development, as appropriate, on each lot. 6. Parking: The Walnut Street frontage shall have a no parking zone extending from South Avenue and continuing for a distance of forty-five (45) feet along Walnut Street; no parking within five 2 OF 3 DRCM7A96.DOC DRAFT Memo - Zipancis Subdivision Review ~ ~ DRAFT (5) feet of the existing fire hydrant, and only parallel parking on the Walnut Street frontage. No parking shall be permitted in the Race Alley right-of-way nor on South Avenue between Walnut Street and Race Alley. 7. Improvement Districts: The property owner shall be required to agree to join ally future improvement districts formed for the purpose of constructing improvements in adj acent public rights-o f- way. The condition shall be included in the subdivision agreement and shown on the final subdivision plat. 8. Utility Service and Community Impact Study: The general utility service arrangements presented in the letter from the applicant' s engineer are acceptable as stated therein except where superseded by specific requirements of the Engineering Dept. in this review and other reviewing departments and agencies. 9. Building Eneroachment: The encroachment of the existing main house across the proposed lot line between Lots 1 and 2 shall be fully described by bearing and distance and a condition shall be placed in the subdivision agreement and on the subdivision plat that when either lot is sold to a new owner, or a demolition or building permit is requested for either lot, that the portion of the existing house on Lot 1 which encroaches into Lot 2 shall be removed. Partial demolition of the encroaching portion of the Lot 1 house from Lot 2 would meet this condition. 10. Curb, Gutter and Sidewalk Agreement: A note explaining the condition of approval for an appropriate curb, gutter and sidewalk agreement shall be placed in the subdivision agreement and on the final subdivision plat. The future property owner will be responsible for the construction or commitment to construct the curb, gutter and sidewalk along his respective Walnut Street frontage whenever he takes out a construction permit for his lot. 3 OF 3 DRCM7A96.DOC DRAFT .. PUBLIC NOTICE RE: ZUPANCIS SUBDIVISION dene,4 , NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 7; 1996 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Robert Zupancis and Silvia Davis, requesting approval to subdivide a lot with two existing dwellings so that each has its own legal description. The property is located at 510 Walnut Street and 511 Race Street, and is described as S 1/2 Lot 9, all of Lots 10, 11, 12 in Block 3, of land situated in the NE 1/4, SW 1/4, Section 7, Township 10 South, Range 84 West City of Aspen. For further information, contact Bob Nevins at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102. s/Sara Garton, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on April 20, 1995- 1.2,9,4 0 9, 101:1 17 City of Aspen Account 11 Kl 3 143. c, ~ ..>,, a }LIG. 0 /{ 16#qu 12+0 .. MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Stan Clauson, Community Development Director Y Dave Michaelson, Deputy DirectorIP. 14 , FROM: Bob Nevins, City Planner RE: Zupancis Subdivision, William's Addition, City of Aspen, Colorado Parcel ID No. 2737-073-00-026 DATE: May 7,1996 SUMMARY: The applicant is requesting approval to subdivide an existing 16,746 sf parcel into two residential lots. The subdivision proposes to create one 7,500 sf single- family lot and one 9,246 sf duplex lot. Currently, there are two single-family residences located on the property, one at 510 Walnut Street and the other at 511 Race Street (a platted alley); and described as S1/2 Lot 9, and all of Lots 10, 11, 12 in Block 3, of land situated in the NE 1/4, Section 7, Township 10, Range 84 West, City of Aspen, Colorado. ZONING: Medium-Density Residential (R-6) APPLICANT: Robert Zupancis and Silvia Davis BACKGROUND: The property is located north of South Avenue between Walnut Street and the alley commonly referred to as Race Street in the Smuggler neighborhood. Two single-family residences currently occupy the site. The house facing Walnut Street is 2,780 sf and contains five bedrooms. The wooden fence in front of the house encroaches into the Walnut Street right-of-way. The three bedroom residence along Race Street totals 1,373 sf. and does not meet the dimensional requirements for rear and side yard setbacks established within the R-6 zone district. The applicant is proposing to subdivide the parcel into two residential lots. Lot 1 is a 7,500 sf single-family lot and Lot 2 is a duplex lot containing 9,246 sf. The proposed residential lots have an east/west orientation which is consistent with the original platting of the William's Addition. Upon subdivision approval, the applicant is proposing to demolish the house at 510 Walnut Street and construct a new duplex on Lot 2. The residence at 511 Race Street shall remain in its current location as long as the applicant continues to own both lots. At such time Lot 1 is sold, the existing home will be demolished and a single-family residence will be reconstructed in accordance with the R-6 zone requirements. 1 .. REVIEW PROCESS: The subdivision process is a Two-step commission and council review as delineated in Section 26.52.060(A)(5)(b), Review of a development application by decision-making bodies, of the Municipal Code: Step l isa public hearing before Planning and Zoning Commission to determine if the development application meets the requirements of Section 26.88.040, Subdivision approval. The Commission shall recommend approval, approval with conditions or disapproval of the proposal and the recommendation is forwarded to City Council; Step 2 is a hearing by the City Council at which time the subdivision application may be granted approval, approval with conditions or disapproval of the subdivision plat. REFERRAL COMMENTS: The following departments have reviewed the subdivision application and their comments (see Exhibit B) are summarized below: ENGINEERING: a) Plat and survey requirements: Subdivision plat and survey shall comply with Colorado state statute. b) Subdivision standards: City design standards for subdivision, Section 26.88.040, shall be met for the entire development. e) Alley right-of-way: Race Street is legally and functionally a platted alley with a twenty foot right-of-way. It will remain an alley unless the adjacent property owners grant the minimum forty foot street right-ofrway dedications to the City. To ensure adequate vehicular circulation, the alley may not be used for snow storage by the adjacent property owners. d) Sidewalk: To improve winter snow storage and pedestrian access along South Avenue, it is requested that the property owner abandon the existing snow storage easement and convey to the City a six and one-half foot wide parcel, parallel and immediately adjacent to the existing back of sidewalk, in the present location of the snow storage easement plus an additional one and one-half foot width prior to subdivision approval. 4 Water service: The existing water service line may be used if the City Water Department determines the water line to be in good repair and serviceable at the time of the building application. If it is not acceptable, a new service line shall be required. Additionally, if more than six months pass between the issuance of a demolition permit and the issuance a building permit for a new residence, the existing water line shall be abandoned and removed from the property in accordance with the the City Water Department requirements. f) Street frontages: The frontages along Walnut Street and South Avenue shall be no parking zones. The existing wooden fence which encroaches into the Walnut Street right-of-way shall be relocated or removed prior to the acceptance of the final plat. Â© Sanitary sewer easement: Configuration of the sanitary sewer services shall be resolved and verified in writing prior to approval of the final plat by City Engineering. 2 .. h) Improvement districts: Property owners shall be required to join any future improvement districts formed for the purpose of constructing improvements in the adjacent public rights-of-way. The agreement shall be executed and recorded prior to the acceptance of the final subdivision plat. 0 Utility service and community impacts: General utility service arrangements are acceptable except where superseded by specific requirements of the Engineering Department and other reviewing departments or agencies. D Mutual encroachments: The mutual encroachments of the existing residences across the proposed lot line between Lot 1 and Lot 2 shall be fully described by bearing and distance. The covenant regarding demolition of the existing residence at 510 Walnut Street shall appear on the final subdivision plat as note referencing the previously recorded separate subdivision covenants. HOUSING: Pursuant to Section 26.100.050, several types of development are eligible for exemption from the residential growth management competition. In order to qualify for a single- family and/or duplex exemption, the property owner shall meet the following standards: A. Single-family exemption for Lot 1 1. provide an accessory dwelling unit; 2. pay the applicable affordable housing impact fee; or 3. record a resident-occupancy deed restriction on the single-family dwelling unit being constructed. B. Duplex exemption for Lot 2 1. provide one free-market dwelling unit and one deed-restricted, resident-occupied dwelling unit with a minimum floor area of one thousand five hundred (1500) square feet; 2. provide two free-market dwelling units and one accessory dwelling unit with a minimum floor area of six hundred (600) square feet; 3. provide two deed-restricted, resident-occupied dwelling units; or 4. pay the applicable affordable housing impact fee. PARKS: a) The existing fence along Walnut Street encroaches into the public right-of-way. As a condition of approval, the applicant shall move the fence to their property line or they shall apply for an encroachment permit separate from this subdivision application. Should the encroachment permit be denied, the applicant shall be required to relocate or demolish the fence. b) The property owners shall be responsible for snow removal on the public sidewalk along South Avenue pursuant to Section 21.32.010 - 21.32.050 of the Municipal Code. c) A permit for the removal of any trees shall be applied for prior to the issuance of a building permit. Excavation shall not occur within the dripline of the trees. If any construction activity is to occur near existing trees, protective fencing shall be placed around the dripline of those trees 3 .. STAFF COMMENTS: This development proposal is being evaluated in relationship to the standards and requirements set forth in Chapter 26.88, Subdivision, of the Municipal Code due to the following considerations: a) Pursuant to Section 26.88.040, Subdivision approval, a development order for subdivision shall be considered for approval if the applicant has been awarded a development allotment or has obtained a GMQS exemption in accordance with Section 26.100.050, Exemptions; and b) Pursuant to Section 26.88.040(A)(5), Aspen Townsite lots, if two or more lots within the original Aspen Townsite or additions thereto have continuous frontage and are in single ownership (including husband and wife) on October 27, 1975, the lots shall be considered an undivided lot for the purposes of this title, and conveyance of any portion shall constitute subdivision. SUBDIVISION: The proposed subdivision meets the general requirements set forth in Section 26.88.040(C)(1-5), Review standards for subdivision approval. The Community Development Staff finds the subdivision proposal to be in conformance with the following standards and requirements as summarized below: 1. General requirements: a. The proposed subdivision is consistent with the development and housing goals adopted within the Aspen Area Comprehensive Plan; b. The proposed subdivision is consistent with the character of existing Medium- Density Residential (R-6) zone district and the other residential land uses in the Smuggler neighborhood; c. The proposed subdivision is consistent with the existing and adjacent residential development. A single-family residence is proposed for Lot 1 and a duplex is proposed on Lot 2 which should not adversely affect the future development of surrounding areas; and d. The proposed subdivision shall comply with all conditions of approval before recordation of development documents or prior to the issuance of building permits, whichever is applicable. 2. Suitability of land for subdivision: a. The land is suitable for development as the site is not subject to natural hazards such as fiooding, mudflows, avalanches or snowslides, steep topography or other conditions that are harmful to the health, safety or welfare of the residents. The property is located within the Smuggler Superfund site. There is a small area along the southern frontage with soil lead contamination levels requiring mitigation if it is disturbed. A redevelopment proposal that avoids the contaminated soils would not require any special action. However, mitigation of the contaminated zone would permit the issuance of a certificate to the property owner indicating that the site was "clean". Mitigation may be as simple as adding a soil cap to the contaminated areas without disturbing the contaminated soil underneath. Properties 4 .. within the Superfund site require an additional permit associated with the building permit process. b. The spatial pattern of the proposed subdivision is efficient and does not create duplication, premature extension of public facilities or unnecessary public costs. 3. Improvements. a. Required improvements. The required improvements (1-16) for the proposed subdivision are currently in existence. b. Approved plans. The applicant shall not commence construction on any relocation of the existing improvements as required by Section 26.88.040(C)(3)(a)(1-16) until a plan, profile, and specifications have been received and approved by the City Engineer and, when appropriate, the relevant utility company. c. Oversized utilities. Not applicable. 4. Design standards. a. Streets and related improvements. The required street standards (1-24) for the proposed subdivision are currently in existence. b. Easements. All utility easements shall meet City standards. Any relocation of utility easements shall require submission to and approval by the City Engineer. c. Lots and blocks. The proposed subdivision meets the applicable regulations. d. Survey monuments. All of the survey requirements shall be in compliance with the applicable regulations and statutes. e. Utilities. All of the required utility standards (1-7) have been met. f. Storm drainage. The proposed subdivision shall meet the requirements (1-4) set forth in the storm drainage standards. g. Flood hazard areas. Not applicable. 5. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing. Since this application for subdivision is being reviewed in accordance with Section 26.100.050(A)(5), GMQS exemptions, certain requirements need to be met. In order to qualify for a single-family and/or duplex exemption, the applicant (property owner) shall meet the following standards: A. Single-family exemption for Lot 1 1. provide an accessory dwelling unit; 2. pay the applicable affordable housing impact fee; or 3. record a resident-occupancy deed restriction on the single-family unit being built. B. Duplex exemption for Lot 2 1. provide one free-market dwelling unit and one deed-restricted, resident-occupied dwelling unit with a minimum floor area of one thousand five hundred (1,500) square feet; 2. provide two free-market dwelling units and one accessory dwelling unit with a minimum of six hundred (600) square feet; 3. provide two deed-restricted, resident-occupied dwelling units; or 4. pay the applicable affordable housing impact fee. 5 .. STAFF RECOMMENDATION: The Community Development Staff recommends approval of the Zupancis Subdivision within the Medium-Density Residential (R-6) zone district as presented in the application text and plat map with the following conditions: 1. The final improvemendsubdivision survey plat shall be prepared in accordance with the standards of 38-51 C.R.S., as amended, and submitted to the City Engineering Department for review and approval. 2. The area within the Superfund site shall delineated on the final subdivision plat with notation detailing any special considerations and mitigation measures that apply. 3. The mutual encroachments of the existing residences across the proposed lot line between Lots 1 and 2 shall be fully described by bearing and distance and the covenant regarding the demolition of the existing house at 510 Walnut Street shall appear on the subdivision plat as a note referencing the previously recorded separate subdivision covenants. 4. The actual configuration of the sanitary sewer services shall be resolved and verified by City Engineering prior to the approval of the final plat. 5. The owners of the residential lots shall be required to join any future improvements districts formed for the purpose of constructing improvements in adjacent public rights-of-way. The agreement shall be executed and recorded prior to the acceptance of the final subdivision plat. 6. The final plat/improvements survey and subdivision agreement shall be recorded with the Pitkin County Clerk and Recorder. If the applicant fails to record the plat documents within a period of one hundred and eighty days following approval by the City Council, the plat may be rendered invalid. 7. A storm drainage plan shall be submitted to and approved by City Engineering prior to the issuance of any building permits. 8. If any trees are to removed, a tree removal permit shall be required prior to the issuance of any excavation or building permits. 9. The lot owners shall be required to meet the affordable housing requirements for the proposed single-family residence on Lot 1 and the proposed duplex on Lot 2 in accordance with the standards set forth in Section 26.100.050(A)(4)(c) of the Code. 10. The property owners shall be responsible for snow removal on the sidewalk along South Avenue. 6 .. 11. The frontages along Walnut Street and South Avenue shall be no parking zones. 12. The proposed single-family residences on Lots 1 and 2 shall conform to the dimensional requirements of Section 26.28.040, Medium-Density Residential (R-6). 13. All material representations made by the applicant within the application, and at hearings before the Planning and Zoning Commission or the City Council shall be adhered to and considered conditions of approval unless otherwise amended. ALTERNATIVES: Planning and Zoning Commission may approve additional conditions or disapprove of the application for subdivision. PROPOSED MOTION: "I move to approve the Zupancis Subdivision with the conditions delineated in the Community Development Memorandum of May 7, 1996." EXHIBITS: "A" - Application for Subdivision "B" - Referral Memorandums 7 ENGINEERS SURVEYORS . P.O. Box 2155 bGM- (970) 925-6727 SCHMUESER FAX (970) 925-4157 GORDON MEYER - Aspen, CO 81612 May 2, 1996 Mr. Robert Zupancis Ms. Silvia Davis P.O. Box 11481 Aspen, CO. 81611 RE: Zupancis Subdivision, Revised Engineering Report Dear Robert and Silvia: This letter comprises a revised Engineering Report for the proposed subdivision application for a property owned by Robert Zupancis in the Williams Addition to Aspen, Colorado. The property currently includes two residential dwelling units addressed as 510 Walnut Street and 511 Race Street. The property that is the subject of this application includes the southerly yz of Lot 9 and all of Lots 10,11 and 12 of Block 3 of the Williams Addition to the City and Townsite of Aspen as well as a metes and bounds parcel adjacent to South Avenue. The lot split proposal will now create two parcels along a generally east west boundary (revised from the previously proposed north-south division) within the existing property. The lot split will generally place the two existing residences on the northerly parcel although the west residence will encroach up to 20 feet into the southerly parcel. The northerly parcel comprises 7,500 square feet and is now to be Lot 1 and the southerly parcel, at 9,246 square feet, is Lot 2. I had previously spoken with representatives of ail the primary utilities and inspected the site with regard to the availability of all secondary utilities. I would offer the following updated comments based on the revised lot configuration; 1. Water Phil Overeynder, the Director of the City of Aspen Water Department, indicates that water service to the existing homes, as well as any future redevelopment of the newly created lots, is available from the existing 8 inch diameter ductile iron water mains in South Avenue, Race Street or a recently constructed main extension in Walnut Street. No special physical constraints exist with regard to providing service to potential redevelopment of the newly created lots and the City has sufficient capacity to serve new homes on either parcel. Service to new homes would be provided subject to submission of an in-town tap application once the new homes were designed (so service requirements can be determined). Given the ages of the existing structures, it is unlikely that there would be any credit associated with previous tap fees paid for the existing services. New homes on the two lots would therefore be subject to full tap fees as well as new service construction for City water service. Phil also notes that the newly constructed water main extension in Walnut Street is subject to a rebate requirement for the costs incurred by the owner of 515 Walnut for its construction. New taps to this main would require payment of a proportionate share of the approximately $18,000 cost of construction in addition to normal tap fees and connection charges. Reconfiguration of the internal parcel boundary to east-west Addendum to Application May 2,1996 118 West 6th. Suite 200 â€¢ Glenwood Springs, Colorado â€¢ (970) 945-1004 .. May 2, 1996 Mr. Robert Zupancis Ms. Silvia Davis Page 2 changes the options with respect to water service somewhat. Lot 1 now created by this subdivision application has the option of connection to the new Walnut Street main or to the existing line in Race Street. Distances and costs are likely comparable such that connection to the Race Street line is probably preferable to avoid the additional expense of reimbursing the cost of the Walnut Street main construction. Redevelopment of Lot 2 would now have the option of tapping any of the three mains although, again the Race Street main avoids the expense of reimbursing the construction of the Walnut Street line as well as the additional expense for landscaping, pavement and concrete repair for connection to the South Avenue main. Phil Overeynder did not, at this time, express any preference on the part of the City Water Department regarding which main would need to be tapped. Phil also noted the presence of the yard hydrant on the north end of the Walnut Street frontage of the property that may be tapped to an old 11/z inch diameter galvanized line. A building permit for the redevelopment of the north lot (Lot 1) would likely require a service agreement and meter for the yard hydrant or abandonment of the hydrant at the main. There is an existing fire hydrant on the southeast corner of the South Avenue and Gibson Avenue intersection immediately across the street from Lot 2. The hydrant is located within less than 100 feet of proposed Lot 2. There is also a fire hydrant at the end of the new main in Walnut Street within 50 feet of Lot 1. 2. Sewer Tom Bracewell, System Superintendent of the Aspen Consolidated Sanitation District (ACSD), indicates that sewer service is available to the property from a recently completed 8 inch diameter collection line within the Walnut Street corridor or from the existing 8 inch diameter main collector in South Avenue (for Lot 2). No constraints exist and the ACSD has sufficient capacity to serve new homes on the newly created parcels. Once again, tap fee credits are likely not available and service to new structures on either lot would require payment of normal tap fees and connection charges. Tom noted that the two existing residences are currently served by a combined service line. He indicated that the ACSD would require a shared service agreement be filed for the shared line. To the extent that Lot 2 may be sold before the existing residences on Lot 1 are abated, an easement for the existing service line across Lot 2 would be required. Future redevelopment of both lots should anticipate routing independent services to each home. 3. Electric I spoke with Mr. Jeff Franke of Holy Cross Electric Association, Inc., the rural cooperative that serves the area around this site. Jeff indicates that electric service capacity is available to serve new development on the lots created by the Zupancis Subdivision from existing overhead electric facilities within the Race Street corridor to the sCHMUESER GORDON MEYER, INC .. May 2, 1996 Mr. Robert Zupancis Ms. Silvia Davis Page 3 east. New construction on either lot would require construction of an underground service connection to the existing overhead primary system. No primary system upgrades would be required to provide service to the new homesites. 4. Miscellaneous Utilities Gas, telephone and cable TV are all evident and available from adjacent rights-of-way. A phone pedestal exists near the intersection of Walnut Street and South Avenue just south of the property. Cable TV is also in place on the overhead system paralleling the electric lines. Service to either parcel of the Zupancis lot split would be available subject to normal service construction and connection charges. 5. Access Access into the new lots is available from Walnut Street to the west or Race Street to the east. Both of the newly created parcels will front on existing rights-of-way and will access from existing streets. Walnut Street is currently a dirt street with minimal improvements, Race Street is a chip-seal street. Redevelopment of the existing site with two new residences would likely have minimal impact on adjacent traffic in that there are two existing homes on the site at this time generating traffic onto the adjacent streets. There is currently sidewalk, curb and gutter along the South Avenue frontage to the south of proposed Lot 2 accommodating the significant flow of drainage and pedestrian traffic from the Smuggler Mobile Home Park and Centennial Housing past the property. 6. Drainage Replacement of the two existing residential structures on the 510 Walnut and 511 Race Street site will result in minimal additional drainage impacts to the surrounding area. Site design for new homes should incorporate on-site drainage features including, possibly, drywells to maintain historic conditions with regard to runoff from the site. This project will not create additional impacts to the City of Aspen's storm drainage system nor will it require improvements or expansion of the system. The Zupancis property is not located in an area requiring accommodation of a neighborhood drainage plan. 7. Land Suitabilitv/1 041 The Zupancis Subdivision property is not effected by potential flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or condition that would render it unsuitable for development from a 1041 hazard standpoint. The property is located within the Smuggler Superfund site and indicates a small area along the south frontage with soil lead contamination levels requiring mitigation under the Institutional Controls administered by the Aspen/Pitkin Environmental Health Department. Redevelopment of the property with a structure in the contaminated area within Lot 2 would require removal of the contaminated soils to the repository designated to receive such material, currently located at the Pitkin County landfill. A redevelopment design which avoids contaminated soils would not require any special action but mitigation of the contaminated zone would permit the issuance of a certificate to the property owner that the site was "clean". Mitigation can be as simple as the addition of a soil cap to contaminated areas without RCHMUESER GORDON MEYER, INC- May 2, 1996 Mr. Robert Zupancis Ms. Silvia Davis Page 4 disturbing the contaminated soil underneath. Aspen/Pitkin Environmental Health Department Director Tom Dunlop also indicates that there is some additional paperwork associated with the building permitting process for properties located within the Superfund site. 8. Spatial Pattern The Zupancis Subdivision, due to its location between established streets and utility corridors, fits well into the neighborhood and will not require the premature extension or duplication of area utility mains. I hope these updated comments will be adequate for submission of the Zupancis Subdivision/Lot Split application. Feel free to contact me if I may provide any further comment or detail. Very Truly Yours, SCHMUESER GORDON MEYER INC. 99 41 C "Jay \N. Hammond, P.E. Principal, Aspen Office JH/ih 96029ER1 RCHMUESER GORDON MEYER, INC .. . ZUPANCIS SUBDIVISIOX A/6, t,ntrn/ F 20 0 40 50'.ET 1(â€¢LUG' \=mam ;clir i'â€¢In -Il-I \.t 1."- ..ixpoplilb. 8.9,9 0, fl,Aâ€¢wel, ,/UND Motti..1,NIS â€¢9 100*,4 t,FREO,1 01.NorES f OU,< M , nt 11,â€¢ 4 fl.Ai. r,'r i 3 9'Aa Noil Uctâ€¢,4101 nf -~01,9, 0 11, Iâ„¢ 04 M H. f~ * M ro 507 Câ€¢'i-j' M MAriâ€¢â€¢rA, 1 7 Pr//3 52' NO 5 meâ€¢" /All CAP rl.9 2â€¢llj -,râ€¢,1 1,â€¢Feâ€¢ 4 0,0 ve,ini.E F.vihE,1,1 er cuâ€¢â€¢Al /7 An, tor /,1,4 r (iNF DE,â€¢OrES 10â€¢NE~ . '''i i '1 \ Zi:24:r#IEfRBE'B 6 â€¢ 1/â€ž91,9 TnEE . NEâ‚¬ IFf.FNO 1-4â‚¬ 6.-Ts FEMefe 5/1-716 ; V 11.. 3 1*ABZ'i'4)7("' ~ ~ 74Â£14%&~6- S.83â€¢20*00 E. 12500' ...1-. VICINITY MAP i S 1/2 LOT 9 I f.h , I. N 1 ONE 5 TORY FRAME HCUSE 0 r\ i. \1 1 1 Lo 11 1 -7650Zu~~ - F. - -- - - - -+ 1 1 [h \\ \ Sin ~er-family~ lot Â· , f , 4 LOT /O \ \ SPLiT- LE#EL f ~ M/WHME ~ , 41 1 1 t \ 1 , 1 . <11 11 LUT // V.,\ 1 1,\\ lu /-: -1 1 4 3.I 1 b 1, ... h \. 01. 1 , tot 2 5 2 9,246$1 l 1 V.1 LOT 2 1 Dupiek lot \ 1 . U \ 1 N.89=0'00"W xx- '25.00 . 7.9 < . 1 '24 \ . -,rat ir ./r,.cil . 0,4- iii<r :orcRE, '0~â€¢ .", r.6, 0.1. , t. 1 1 ..f - ..7 -- 2 -- 1 -- r- -- --- ........ 43,64 0 L-*----7 - - 5 5404' S 7 GAIGE /ASâ‚¬/ENT - 5 83.49 41. ' h PL """.o :, / '1 -7 1 -_21-1/1:76125/r-______- l'CEÂ°AIL_*1'22.-__ __-+ NO SIZE B TYPE NO SIZE M Tâ€¢PE SOUTH i AVENUE .- c...' le ft Â¥-1,/t f te â€¢,"i . '11- AS.N 3 14- ./E 1% 'i- w.,Ct 1 4 Ile C *005 d Â£ sâ€¢-cl CROW VARIES )/ * 5 15- 3.-~CE i. .- AS. 4 I i.l-/5/1/5 I. r .snâ€¢ r I 'lluct , . r .3." I , , p.,t . , CARMICHAEL SURVEYING. INC. â€¢ Po. BOX 1367 CARBONDALE, COLORADo 81623 t303-983-0/,n .... PROPOSED SUBDIVISION PLAT ..0 133219 137 82 WALNUT STREET f Â»10',02) 400. 10'001 .. MEMORANDUM .fo: Bob Nevins, Planner 1 Thru: Nick Adeh, City Â¥1*nter AA/J From: Ross C. Soderstrom, Project Engineer ~~5 Date: April 25,1996 Re: Zupancis Subdivision Review (510 Walnut Street and 511 Race Alley: S 1/2 Lot 9, and Lots 10,11, and 12, Block 3. William's Subdivision, City of Aspen, CO; and a parcel situated in the NE 1/4, SW 1/4, Section 7, T l OS. R84W, City of Aspen, CO) After reviewing the above referenced application and making a site visit I have the following comments: Discussion & Recommendations: As submitted the application plat is incomplete and needs to be re-submitted for review. Therefore it is recommended that the P&Z hearing be postponed by at least one (1) meeting date. 1. Improvement and Subdivision Survey: The submitted improvement survey needs to have the following items corrected or shown prior to acceptance ofthe final subdivision plat: A. Complete an improvement survey plat overlaid with the proposed subdivision plat both meeting the standards of 38-51 C.R.S., as amended. The "subdivision plat" submitted provided to the Engineering Dept. in the application does not qualify as a plat nor survey under any Colorado state statute concerning subdivisions nor survey plats. Therefore, final comment by the Engineering Dept. will be reserved pending review of a properly executed survey. The survey information presented is incomplete to verify potential conflicts or impacts not readily evident in the information provided. The improvement/subdivision survey plat must be properly titled as such; signed in the Surveyor' s certificate which evidences supervision of the survey and compliance with Title 38, Article 51, CRS, 1973; and stamped by a surveyor currently licensed in Colorado. The plat shall include the title insurance certificate number, date of issuance and name of the issuing title company. The title insurance certificate must have been issued within one (1) month prior to the date of the improvement survey plat. 1 OF 4 DRCM7a96.DOC .. Memo - Zupancis Subdivision Review B. Show both recorded and measured bearings and distances for the property boundaries. Provide complete curve information for the curved portion of the property boundary along the South Avenue frontage. C. Provide full identifying information for the establishment of the basis of bearings. Also provide the bearing and distance of the tie from the nearer basis of bearings monument to the property boundary. Use two (2) City monuments within the same city block, two (2) recorded subdivision monuments, other recorded monuments, or a solar observation to establish the basis of bearines. D. Provide a symbol legend which clearly and uniquely identifies each type of utility box. pedestal and service vault. and each fence type. Arrowed notes or distinctive symbols are acceptable. Existing water service valve box(es) serving the property need to be shown. E. Provide the closure information of the existing and proposed exterior subdivision property lines. Provide the closure information of the proposed individual lots within the subdivision. F. Provide a note explaining why the easements referenced in the "plat" notes may not be graphically shown on the subdivision plat. This may be in a letter from the surveyor although a more complete description will be required on the final plat. G. A explanatory note and delineating line or crosshatching shall be shown on the plat to identify the portion(s) of the proposed lots which lie within the Smuggler Superfund Site. H. The Walnut Street right-of-way is not 75 ft. in width. Provide correct width. 2. Subdivision Standards: The entire subdivision will need to meet the City design standards of Sec. 26.88.040 for subdivisions. 3. Race Alley Right-of-Way: Formerly known as Race Alley. this right-of-way is legally and functionally a platted 20 ft. wide alley lying between and parallel to Walnut Street and Spruce Street. As such, it will remain as an alley unless the adjacent property owners will grant the required right-of-way dedications to the City to constitute a minimum 46 ft wide street right-of-way. A thirteen foot (13 ft) right-of-way dedication would make the proposed lots too narrow to subdivide in the proposed north- south orientation.) This is of particular concern because of the pending application of the property owner immediately east of Race Alley for the Smuggler Affordable Housing Development which will generate significant vehicular traffic in the alley and on South Avenue. The use of this alley must be coordinated between these two (2) developments to ensure sufficient vehicular circulation, snow removal and snow storage areas for the two (2) proposed projects iii addition to the existing residences further north on the alley. The alley may not be used for snow storage by the adjacent private land owners. 2 OF 4 DRCM7a96.D()C .. Memo - Zuptincis Subdivision Review 4. Sidewalk Area: To improve the winter snow storage and pedestrian access along the South Avenue frontage. it is requested that the property owner abandon the existing snow storage easement and convey to the City a six and one-half foot (6.5 ft.) wide parcel, parallel and immediately adjacent to the existing back of sidewalk, in tlie present location of the snow storage easement (plus an additional one and one-half foot ( 1.5 ft) in width) prior to subdivision approval. The existing snow storage easement behind the sidewalk is constructively unusable due to the aspen trees in the easement and inefficient for storage of snow from the street due to its present position behind the sidewalk. The sidewalk may then be removed and relocated to a position behind the snow storage and planting median. During the pre-application meeting with the Engineering Dept. the applicant agreed to the condition that the existing aspen trees in the snow storage easement be removed to improve the use of the snow storage easenient. 5. Water Service: Jay Hammond's March 13 engineering report factually represents the status of water service to the property. The following conditions related to water service are recommended: A. Yard Hydrant Prior to recordation ofthe final plat, provide evidence that the existing yard hydrant has been traced to its source and properly abandoned. B. Demolition of Existing Structure At the time of issuance of a demolition permit for the existing structure on the property. the applicant will either set up a new yard hydrant on the existing domestic water service line to the structure along with establishment of a construction account. or abandon all existing water service lines fronting the property. C. Water Service to Existing Structure Both Lots 1 and 2 will be brought into compliance with current service line standards of the Aspen Water Department for a separate single family residence (i.e., single tap, single service line. single curb box, single meter, all of consistent line size) on each lot. 6. Walnut Street Frontage: The Walnut Street frontage shall be a no parking zone extending from South Avenue and continuing along the entire length of the proposed Lot 1 west properly line. The existing wooden fence which encroaches into the Walnut Street right-of-way shall be removed prior to acceptance of the subdivision final plat. 7. Sanitary Sewer Easement: Prior to approval of the final plat, the future configuration of the sanitary sewer services will be resolved and verified in writing such that there is either: 1) a direct path 3 OF 4 DRCM786.DOC' .. Memo - Zupancis Subdivision Review providing sufficient cover and fall from each proposed building envelope to the sanitary sewer main at the tap location, or 2) that easements are defined and granted on the subdivision plat iii locations that ensure sanitary sewer service to each parcel without encroaching into the permissible building envelope of the other lot and ensuring sufficient cover and fall to the respective sanitary sewer main(s). 8. Improvement Districts: The property owner shall be required to agree to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights-of- way. The agreement shall be executed and recorded prior to acceptance ofthe proposed subdivision plat. 9. Utility Service and Community Impact Study: The general utility service arrangements presented in the letter from the applicant' s engineer are acceptable as stated therein except where superseded by specific requirements of the Engineering Dept. in this review and other reviewing departments and agencies. 10. Mutual Encroachments: The mutual encroachments ofthe existing buildings across the proposed lot line between Lots 1 and 2 shall be fully described by bearing and distance and the covenant regarding demolition of the existing northeasterly single story frame house shall appear on the subdivision plat as a note referencing the previously recorded separate subdivision covenants. 11. Single Vehicle Access Per Parcel: In consideration of the request to re-subdivide the existing lots perpendicular to the original subdivision lot line and due to the geometry of the existing South Avenue/Gibson Avenue intersection, and the proximity of Walnut Street and Race Alley onto South Avenue, no access will be permitted from either proposed lot directly onto South Avenue. However each lot may have a single driveway curb-cut or vehicle access way (from the alley) of not more than eighteen ft (18 ft.) in width, (measured parallel to the right-of-way line at the curb-cut), giving access to either Walnut Street or Race Alley, as appropriate. 4 OF 4 DRCM7,196.DOC APR 24 '96 10:11AM P.1 .. MEMORANDUM TO: Bob Nevins: Community Development Dept. FROM: Cindy Christensen, Housing Office DATE: April 24, 1996 RE: Zupancis Subdivision Parcel ID No. 2737-073-00426 ISSUE: The applicant plans to demolish the dwelling that exists, primarily on Lot 1, to construct a new single-family residence for themselves, and maintain the residence on Lot 2, which would slightly encroach upon Lot 1. Should the lot be sold, the applicant is recommending that the residence on Lot 2 would then have to be demolished. Each dwelling unit exists on the same legal description, therefore, the applicant is requesting to subdivide the lot to provide each dwelling unit with its own legal description. BACKGROUND: There are already two dwellings on the subject property. The unit at 510 Walnut Street contains 2,780 square feet and contains five bedrooms; the unit at 511 Race Street is 1,373 square feet and contains three bedmoms. According to Section 26.100.050, several types of development are eligible for exemption from the residential growth management competition. This application could be exempt as it applies to A.2.c., which states: Detached single-family or duplex dwelling unit The construction of one or two detached residential unifs or a dUp/ex dwel#ng on a *of fhst waa subdvided or was a jegalÂ¥ described parcel p#or to November 14, 1977, that complies with #le provisions of Section 26.88.040(A)(5) or the replacement affer demo#Non of one or two detached res#dential units or a duplex dwe#ing or the remodel or expansion of a aingle family dwelling into a duplex dwelling. This exemption shall not be applied to arly lot for wh/ch any other development egoiment is ounentfy being sought or ia approved This exemption shall only apply if the folle'Mng Standards are met. (1) Singte.fam#y. In order to qualify for a single-family exemption, the applicant shall have three options: Ca) providing an accessory dwelling unit: (b) paying the applicable a#ordable housing #npact fee,' or 0) recording a resident-occupency deed matriction on the single-family dwelling unit being constructed. RECOMMENDATION: If the request is approved, the applicant must do one of the three options stated above. Exhibit B 0 ~~ APR 2 2 1996 ~ Memorandum 4 TO: Bob Nevins, Community Development FROM: Rebecca Baker, Parks Department DATE: April 22,1996 RE: Zupancis Subdivision CC: Ross Soderstrom, Engineering Department We have reviewed the Zupancis application for subdivision approval and have the following concerns. The existing fence that parallels Walnut Street encroaches significantly into the existing right-of-way. As a condition of approval the fence should be moved to the property line or an encroachment permit must be applied for, separate from this development application. If the encroachment is not granted then the applicant will be required to move the fence. Additionally, because this property (both Lots 1 & 2) abuts South Street, the applicants will be responsible for snow removal on the sidewalk. The City has previously performed snow removal on the sidewalk, however, we will no longer be doing snow removal for any of these adjacent property owners. Snow removal is the responsibility of the abutting property owner per the Aspen Municipal Code (Sec. 21.32.010-21.32.050). It does not appear as though any trees will be lost to the re-development of this property (Lot 1). However, if any trees are proposed to be removed a permit must be applied for prior to issuance of a building permit. No excavating shall occur within the dripline of trees and any construction activity occurring close to trees should have protective fencing placed around the dripline of the trees. If the applicant has any questions regarding trees on their property they may contact us at 920-5120. Zupancis.doc Exhibit B ,~ Saturday-Sunday, April 2021,1996 â€¢ The Aspen Times 158 Public Notice NOTICE OF PUBUC TRUSTEE SALE would be In derogatlon of the rights 01 Ute City By: Judith R. Hayward NOTICE OF CANCELLATION OF REGULAR Walnut Street and 511 Race Street, and I. No. 967 Banque. LLC. and would be Improper and Secretary, Board o! Trustees ELECTION BY THE DESIGNATED ELECTION described as S 1/2 Lot 9. all 01 Loti 10. 11, 12 In WHEREAS. Martin D. Leonard and Debra G. Illegal Colorado Mountain Junior College District OFFICIAL Block 3, of land situated In the NE 1/4, SW 1/4. Leonard, Grantor(s) by Deed of Trust dated Mr. Joseph Wise ol Raleigh, North Carolina. is Published In The Aspen Times April 13 and NOTICE IS HEREBY GIVEN by the Aspen Section 7, Township 10 South. Range 84 West July 9.1990.recorded July 16.1990. In Book the member and manager of Ute City Banque. 20.1996. _ Consolidated Sanitation District. Pltkln County. CIty of Aspen. For lurther Information, contact 624. Page 911. FIlm No. NA at Reception No. LLC. The name -Ute City Banque- 18 not - - Colorado. that at the close 0/ buslnes, on the Bob Nevins at the Aspen/Pltkin Community 324381 In the records of the County of PItldn, currently registered by. or owned by, any other INVNATION FORBIDS twenty ninth day belore the election there were Development Department. 130 3. Galeu St. Colorado, conveyed to the Public Trustee In Individual or entity nor owned by any person FOR IMPROVEMENTS TO not more candidates lor director than offices to Aspen, CO (970) 920-5102 said County of Pltkin, the tollowing described or entity who l. connected to the establishment ASPEN PrTKIN COUNTY AIRPORT be lilled. including allidavits ol Intent to be s/Sara Garton, Chair real property, which Is all of the property currently located at 501 E. Hyman Avenue, (SARDY FIELD) write-In candidates: therefore. the election to Aspen Planning and Zoning Comm'ssion encumbered by the lien 01 said Deed of Trust, Aspen, Colorado, and which Is prelently ASPEN, COLORADO be held on May 7. 1996 is hereby cancelled Published In The Aspen Times April 20.1996. located In sald County 01 Pltldn, to wit: attempting to use the name .Ute City Banque - AIP PROJECT NO. 3-08-0003-15 pursuant to The lollowing candidates are LOT 1. BLOCK 8, BRUSH CREEK VILLAGE, Dated March 28,1996. REVISED AND REISSUED declared elected. RLING NO. 1, COUNTY OF PITKIN, STATE OF Robert A. Francis. P.C. Seated bids for the Improvements to Aspen- Frank &'st,In lor a Four (4) year term COLORADO 1 Attorney lor Ute CIty Banque, LLC Pitkin County Airport (Sardy Field), Aspen, Paut R. Smith lor a Four (4) yearterm Purported Common Address- 1766 Medldne Published In the Aspen Times April 6,13. and Colorado. AIP Project No. 3-08Â·0003-15. will be Bruce Matherly, NOTICE OF Bow, Aspen, Colorado 20.1996 received by the 0111ce 01 the Director of Designated Election Olficial ELECTION THE UEN FORECLOSED MAY NOT BE A FIRST Aviation, Aspen-Pltkin County Airport (Sardy Aspen Consolidated Sanltation District WEN. NOTICE OF PUBUC TRUSTEE SALE neld), Aspen, Colorado R1611. until 10:00 a.m. Published in The Aspen Times April 20. 1996 TO WHOM rr MAY CONCERN, Said Deed of Trust secures a Promissory Note Sale Nu 96-6 local time. May 7. 1996 and then opened. read therewlth tor the sum of $265,850.00 payable to WHEREAS. WARREN F. RYAN. by deed ol aloud. and canvassed. and particularly to the electors the order 01 Cltlcorp Mortgage Inc. on the terms trust dated June 7, 1991, and recorded, June 13, The work Involved Includes the following: DISTRICT COURT. COUNTY OF Pm<IN. 1 of the Aspen Valley Hospital set torth In sall Note and Deed 01 Trust: and 1991, in Book 648 at Page 623. Reception No. SCHEDULE I STATE OF COLORADO Distr|Ct O| Pitkln County, WHEREAS, the outstanding principal balance 333596. and RECORDED on October 18, 1991, in Rehabtlitate Runway 15733 Case No. 95 CV 214-3 Colorado. due and owIng upon the evidence 01 debt Book 659 at Page 249. Reception No. 337546, In Porous Fitction Course NOTICE OF SHERIFFS SALE Chateau Roaring secured by the abovedescrlbed Deed of Trust the records 01 the COUNTY OF PITKIN, SCHEDULE 11 Fork Condomlnlum Association. Inc., a NOTICE IS HEREBY GIVEN being foreclosed Is $259.137.38 as of April 1, conveyed to the Public Trustee In said Grade Runway 15/33 Salety Area Colorado Nonprofit Corporation. Plaintiff, that an election will be held on 1996. This amount does not Include Interest or COUNTY OF PITKIN, the following described SCHEDULE Ill v. Chateau Development Company, a the 7th day of May 1996, any other charge allowable under the loan property In said COUNTY OF PNKIN to wit: Expand General Aviation Parking Apion Colorado corporation. and any and all unknown between the hours of 7:00 a.m. LOT 13, FOX RUN SUBDIVISION, ACCORDING A complete set of Plans, Specifications. and persons who claim any Interest in the subject documents or by law. and 7:00 p.m. The Board 01 WHEREAS, Citicorp Mortgage Inc., the legal TO THE PLAT THEREOF FILED FOR RECORD Contract Documents may be obtained at the matter 01 thi action. Defendants. holder 01 said Note and Deed of Trust has Illed AUGUST 27. 1985, IN PLAT BOOK 17 AT PAGE oillce of lablit Associates. Inc., 10190 East Pursuantto the Order for Judgment and Directors of the District has written Election and Demand tor Sale as 64, AND 65, COUNTY OF PITKIN: STATE OF Montview Boulevard, Aurora, Colorado 80010- Decree lor Judicial Foreclosure and sale of Real designated the following provided in sald Deed of Trust; COLORADO. which has the address of: 170 Fox 2231, alter April W, 1996 by a nonrefundable Property entered on March 11. 1996 in the polling places; THEREFORE. notice li hereby given that 1 will. Lane, Snowmass Village, Colorado 81615 deposit 01 $60.00 for each set. above captioned matter, lim ordered to iell at 10:00 im. on May 29.1996, at the tront stepi THE ABOVE PROPERTY lS ALL OF THE Each bid must be accompanied by a Certified the following real propeny: Aspen Youth Center ol the court house, County ol Pltldn, and State PROPERTY ENCUMBERED BY THE LIEN OF THE Check or Cashier'm Check In the amount of not Unit 43. Chateau Rowing Fork Apartmenti (A 455 RIo Grande Place ol Colorado, sell at public auction to the SAID DEED OF TRUST THE LIEN FORECLOSED leas than five percent ol the total bid. made CondomIntum) and according to thâ€¢ Aspen, Colorado highest and best bidder for cuh, the sald real MAY NOT BE A FIRST LIEN. payable to PltkIn County Board 01 Condomlnlum Declaration lor Chateau Roarlng property and all interest of the â€¢ald Grantor(s), Said deed of trust lecures, a promissory note Commissioners, or by â€¢ Bld Bond In like Fork Apartments (A Condomlnlum) recorded Basalt Town Halt their hetrs, their successors. and their assigns, 01 even date therewtth lor the sum of amount executed by a Surety Company. en December 31, 1969, In Book 245 at Page 666 101 Midland Ave. for the purpose 01 paying the Indebtedness 11.737.000.00 payable to the order of GMAC The Bidder must supply all the Information et seq. in the Oflice 01 the County Clerk and Basalt, Colorado provided ln said Note and Died of Trust, MORTGAGE CORPORATION OF PA, on terms required by the proposal lorms and Recorder of Pltkin County. Colorado. attorney'i fee, and the expense ol sale, and will set forth In said deed of trust and the speclticatlons, and may bid on any or all 1 shall oller for public sale to the highest deliver to the purchasers a Certllicate of outstanding principal balance presently due Is schedules of work. The Pitkln County Board of bidder lor cash. at public auction, all the light, Snowmass Chapel Purchase, all as provided by law, 11,659,961.33; Commissioners reserve the right to walve any title and interest of Chateau Development 5307 Owl Creek Road Note: Pursuant to the Fair Debt Collection WHEREAS, RESIDENTIAL FUNDING CORIORA- Informallty In or to reject any or all portions of Company, a Colorado corporation, the said Snowmass Village, Colorado Practices Act you are advised that Melnhold, TION, a Delaware Corporation, the legal holder the various bid Items, No proposal may be Defendant, in said property on June 5. 1996, at StawlarskI, Shapiro, & Cedilla. LLP 11 deemed to of said note and deed ot trust has filed written withdrawn for a period of 60 days from the 10 0'clock a.m. at the PltkIn County At said election, the electors of be a debt collector attempting to collect i debt election and demand lor sale as provided in opening thereof. Courthouse front steps, In the County of PltkIn, the District shall vote for and any Information obtained will be uied lor uld deed ol trust, It 1, Intended that work covered by this State of Colorado. to serve the THEREFORE: notice 1* hereby given that I will contract wtll be completed during the 1996 NOTICE: THE LIEN BEING FORECLOSED DIrectors that purpose. at 10Â·00 0'clock KM In the forenoon of May 8, construction season. UPON MAY NOT BE A FIRST LIEN. following terms 01 oince on the Dated this 8th day 01 April. 1996 Thoma, Carl Oken, Public Trustee In and for 1996 at Pttldn County Courthouie, 506 E. Main, All bidders are advised to examine the site to Dated at Pltkin County. this 16th day 01 April Board ol Directors of the the County of Pttldn, Colorado Aspen, CO 81611, sell at public auction to the become familiar with all site conditions. The 1996 Â· District: Two (2) Directors for Judy James. Deputy Public Trustee highest bidder lor cash, the sald real property protect will be ihown to Interested bidders at Robert C. Braudls, Sherill 01 Pltkin mity a FOUR-year term. Flrit Publication, April 13. 1996 and all Interest of :ald Grantor(11 their heirs 2.00 p.m., local time, April 23,1996. at the Ollke By: De,Iree Titum. Deputy Lut Publication, May 11,1996 and asâ€¢Igni therein. lor the purpose ol paying 01 the Director 01 Aviation, Aâ€¢per=Pitkln County Date oIFInt Publkallon: Aprll 20, 199&. , '. ~~ The names of perion, Publlsher, The Aspen TIme the Indebtednes, provided an Said note and Al,pon Bardy Field), Ampen, Colorado 81611. Date of Last Pubtlcation: May 25. 1996. nominated and terms 01 oince Melnhold, Stawlinkl, Shaptro, & Codtils, U.P deed 01 trust, attorneys' fees. and expenjes 01 The proposed contract li under and *ubject Published In The Aspen Times April 24 27 tor which nominated are as Lynn M. Janeway. 15592 :ate, and will deliver to the purchaser(s) a to Executive Order 11246 of 24 September 1965. and M-y 4, 11, 18 -1 25, 1996. follows: Attorney Ate 00695-0799 Client #9971043-0 ce,tmeate of purchase. an u provided by law. al amended, and to the equal opportunity 9200 East Mineral Avenue This ts an attempt to collect a debt and any clause and the Standard Federal Equal PUBLIC NOTICE Information obtained will be used for that Employment Opportunity Con'tructton RE: POWELL EXTENSION OF VESTED RIGHTS Hal Clark lor a 4-year term Suite 380 Contract Specllications including the goals and NOTICE IS HEREBY GIVEN that a public hearing Jim Martin tor a 4-year term Englewood, Colorado 80112 ~~ Marth 22,1996 Ttmetables tor minority and lemale will be held on Wednesday, May 22.1996 at a Ralliel Bass lor a 4-year term Thorna Carl Oken, Public Trustee In participation . regular meeting to begin at 5:00 pm belore the Morris Cohen for a 4-year term ~B~~~~he Aspen nme, on April 13,20, 27 and M#4.11,19/1 and tor the COUNTY OF PmaN, Colorado A Certificatton ol Nonsegregated Facilities Board of County Commis:loners, District By. Judy James, Deputy Pubt* TruiteeÂ·70 - must be submitted prior to the award to the Courtroom, 506 K Main St. Ampem to consider . NOTICE B FURTHER GIVEN ADVERTISth,Elfr FORBa , Fht Publication: March 30,1996 i Â· Â¥144â€¢ proposed contract, Inckâ€¢14 â€¢ny subcont'- an applkation submmed by John and Rattlk- that an elgible elector 01 said GARMELD CREEK RESDENCE SID[NO . Last Publkatton: April 27,1996 1 . - r -- In excesâ€¢ 01 *10,000. i. Powell iequeâ€¢ting an Exte#lion ol Vioted ' 'Â· DIstrkt lor the purpoie of *ald E~,~s~~~~~~~ (A~aie~ 4,ch,0.3. dEfEmEENEÂ· .EBEMBEEE*~ ;EEZE Denver, CO 80216 until Tuesday, MI, 9,1996 * ' Secretary 01 Tranâ€¢portâ€¢tlort. to Subcontract -d 22, Townshlp 9 South. Ragl, QW- FM , . , .."19 2 pm. for In:tallation ol Insulated steel sldint pr PUBLIC NOTICE col:mizÂ·Â·~92;1~%-â€¢~4#~-4*il,6-Ad~M,IMÂ¤%~~11,1,1,z and trim. to Inch,de removal 01 -,Ilting ildl:Â¥ 39 9~t~99 Â¥1'(DIC~l~~MAJIWO't Â» Controlled by soclell, and *conomically Department (970)020Â·6008. materials, ~notallauon 01 alumtnum clad -,ed Vi , for not les, than 30 days, or 01) windows and Insulated iteet itorm door. to /Â·BOARD OF TRLSTEES 1"dilidvantaged ladMduall(Det), The DBE goal i .3 ,. . . ,/Jame, R. T.*Ch- who, or whol spouw, own, Board 01 County Commlille,mi tatable real or perional %22:::1:Â°2'd~21;%1::2%20~ NOnCE OF APP~BNTTR~M~IOPPORTLMMY. I Â¤7.'tell:=d::'t~c*m~t~'~d~,I; "A46~hâ€¢diâ€¢Be A:penTIme:Aprum, 19~â€¢. Area, 2 miles southwest of New Callie on NOTICE m HEREBY GIVEN that the Colorado - mwarded to one bidder. In the event that the , - property within the DIstrlet. County Road 312 and l miles south on Garneld Mountain Junior College DistrIct Ccollegeâ€¢) "bkider lorthts wlkitatton quillfles = a Dm&., OÂ·.4 '' . r PUBUCTIOTICE ~*' 't,I# 4 Â·eÂ·â€¢,hether ted person reold. p'Â·,lthin the Diltrlet 01 not. A , Creek Road. tn Garfield County. Board ol Trustee, CBoard-) will appoint one the contract goal sh,lt be deemed to have been Â· * RE: WEIDEMANN CARETAKER DWELUNG ..Â·.person whols obllgated to pay AS OF Tuesday, April 16, 1Â§96, bldden WITH penon to 1111 a vacancy on the Board, created met. Individuals who are rebuttably preiumed r, uNIT A PLAN HOLDERÂ·S CARD may request plan and by the resignation of the Board member to be socially and econornlcally disadvantaged NOTICE IS HEREBY GIVEN that a puNIc ; , tate, under a continet to i specifications from the Division ol Wildille, representlng College Board Member District #1, Include women, Black Americans. Hispanic hearing wtll be held on Wednesday. May 22,4 . purchase taxable property 6060 Broadway, Denver, CO 80216, phone (303) tendered at the regular meeting on the Board Americans, Native Americans, Asian Pacific 1996 at a regular meeting to begin at 5700 pm < within the District shall be 291-7391. held on March 12, 1996. The Board membership Americans, and Asian-Indian Americans. The before the Board of County Commls:lonerl. considered an owner ol PLAN HOLDER'S CARDS may be obtained to be filled Is for DIstrlct /1 which comprises atl apparent succe:sful competitor will be District Courtroom, 506 E. Main St., Aspen to taxable property lor the from the above office for a $100 nonrefundable the area withtn the legal boundaries 01 PitkIn required to submit Information concerning the consider an applkation submitted by Gordon purpose of quallyIng as an charge They are good for a period Dione yew County less the poruon within Roaring Fork DBE'* that will participate In the contract. The and Debra Weldemann requesting approval to eligible elector. from the date 01 Issue School District REd which comprile, all the Information will include: (1) the name and construct an attached caretaker dwelling unit Pre-bld conference: Tuesday, April 30,1996 at area wlthln the legal boundarle, 01 Pltkln addres, 01 each DBE (2) a description ol the to the proposed residence. The property li NOTICE 18 FURTHER GIVEN 1:00 p.m. at the project site. 5% bid bond, County less that portion within Rearing Fork work to be performed by each named Arm: Ind described as Lot A. Amended Plat ol Crystal located at 0400 Crystal Park Drive, and li certilled check or /whier'* check required with School District RE-1 Director DIstrIct B. plus atl (3) the dollar value 01 the work 01 the contract. thal applications for absent proposals, the ared within the legal boundaries of Rearing If the bidder lair to meet the contract goal River Park Subdlviston. For hunher Information voter's ballots may be filed Engineering Ottice Fork School District RE-1 Director District A. stated herein, the bidder wilt be required to contact Francts Krlzmanlch at the Aspen/PitkIn with Sue Rotramet, Designatedd DMolon of Wudille, State 01 Colorado The person appotnted must be an eligible provide documentation demonstrating that Community Development Department (970) Election Olliclal of the District, 6060 Broadway,. elector and must reside within District L The good faith efforts were accomplt,hed during 920Â·5103. at 0401 Castle Creek Road, Denver, CO 80215. term to be 111]ed expired in November 1997. the bidding process, The good faith elfort s/James R. True, Chair until the close ol business on First Publication: Frtday, April 13.1996 Any person Interested In being consldered tor documentation must be submitted within tive Board of County Commissioners the Friday Immediately Second Pubtleatton: Friday, April 20,1996. . appointment or desiring further Information, (5) calendi days after the bid opening. A bid Published In The Aspen Times April 20,1996. preceding the regular election (Friday, May 3,1996). Published In The Aspen Times April 13 and should contact Toni Black. Stalf Secretary, 215 that falls to meet these requirements will be 20,1996 9th Street, P.O. Box 10091, Glenwood Springs. considered nonresponsive. PUBLIC NOTICE CO, 81602, telephone (970) 945-8691. Minimum wage rates as established by the RE: ZUPANCIS SUBDIVISION ASPEN VALLEY NOTICE TS HEREBY GIVEN that a public LEGAL NOTICE Applications lor appointment should Include a Secretary 01 Labor are applicable to this hearing will be held on Tuesday, May 7.1996 al HOSPITAL DISTRICT IN THE MAITER OF UTE CrrY BANQUE, U.C resume of relevant quall[Ications and prolect. By/ss/Sue Rotramel, PLEASE TAKE NOTICE that the name Â·Ute experience, and a concise letter or statement of Any questions regarding bill are to be a meeting to begin at 4:30 p.m. before the City Banque' Is currently owned by Ute Ctty why the applicant wlihes to serve on the directed to the office 01 Isbhill Associates, Ine. Aspen Planning and Zoning Commission, Sister Designated Election Ollicial Banque, LLC, a Colorado limited liability board. Applications should be submitted and Aurora, Colorado (303-364-2500) lor Clttes Meeting Room. CIty Hall, 130 S. Galena company. Ute Ctty Banque, LLC has 81,0 received by 5:00 p.m. on April 26, 1996. The interpretation. St., Aspen, to consider an application trademarked and tradenamed the name -Ute Board wm con,tder all applkations and make PltkIn County Board 01 Commissioners submitted by Robert Zupancls and Sllvta Davis, Published In The Aspen nmes City Banque.- Accordingly. any attempts by any the appointment in public Iession at a Board Aspen, Colorado requesting approval to subdlvide a lot with two April 20.1996 other person or perions, entity Or entities to meeting to be held on Monday, May 6,1996. at Published In The Aspen Times April 13 and existing dwelling; 50 that each has Its own legal description. The property Is located at 510 use In any lashlon the name Ute City Binque the Colorado Mountain College Aspen Campus. 20.1996. ALL PERSONS INTERESTED IN THE WATER APPLICATIONS IN WATER DIVISION NO. 5 approximately 4,190 feet south of the north sec. line and 720 feet East of the west sec. line of said Sec. 13. Appropriation: September 27, 1988. PURSUANT TO C.R.S., 37-92-302, AS AMENDED, You are notified that the Amount: 0.033 c.f.s. (15 g.p.m.). Use: fire protection, ordinary household following pages comprise a resume of the applications and amended purposes inside not more than 3 single family dwellings, the irrigation of applications filed with the Water Clerk for Water Division 5 during the month not more that 1.0 acre of lawn and garden and the watering of domestic of MARCH 1996. animals. The application contains a detailed outline of the work performed for completion of the appropriation and application of the water to 2. 96CW065 ( Pitkin County, Snowiiarâ€¢ Creek, Water District No. 38) beneficial use. (5 pages) Applicants: Clifford B. and Ann Wilton, P.0- Box 218, Snowmass, CO 81654 24. 96CW087 (83CW352) EAGLE AND PITKIN COUNTIES, Fryingpan River, Hunter (tele. 970/927-9427), c/o Thomas J. Todd, Holland & Hart, 600 E. Main St., Creek and Tributaries. Water District No. 38. Southeastern Colorado Water P;Cline;0 Apptitatitfor92~~91,59-~lt)e;asoNnambleodilitqlnete f:r aÂ°~o";itiIn:ll Conservancy District, P.O. Box 440, Pueblo, CO 81002, c/o Stephen H. water right; Drainage basin: Snowmass Creek, a tributary of the Roaring Fork Leonhardt, Fairfield and Woods, P.C., 1700 Lincoln St., Suite 2400, Denver, River; Location: the point of diversion ts in Pitkin County in the SW4 of the CO 80203-4524, (30]) 830-2400 APPLICATION FOR FINDING OF REASONABLE NE4 of Section 34, Township 8 South, Range 86 West of the 6th P.M. at a point DILIGENCE AND TO MAKE CONDITIONAL RIGHT ABSOLUTE FOR THE BOUSTEAD TUNNEL whence the offset stake identifying Property Corner No. 43 of Lot 4 of the ENLARGEMENT. Sky River Subdlvision (formerly known as the Oh-Be-Joyful Subdivision) bears I. Apolication for Finding of Reagonable Di liaenrin: 1. Name of Structure: 30'30' East 130 Keet, 23'Pe u: use: 1.2 jeti 'Â·- cni f.tqh F,rer,raation: Type of Boustead Tunnel Enlargement. 2. Conditional water right: A. Original Case iqu. : 7/,e Ic/,ditic:Â·al And :,Arttlâ€¢) ah,~nlute decree for the Boustead Tunnel Enlargement (Exhibit A to Application) was entered in Case No. 83(W.352 on May structure: pipeline; Quantity: 0.10 c.f.s. (2 pages) 15. 96CW078 ( Pitkin County, Snow,ass Creek, Water District No. 38). 31, 1985, confirming the April 30, 1985 Ruling of Referee in the same matter, Applicant: Oh-Be-Joyful Homeowners' Association, c/o Rhonda J. Bazil, P.C., in the District Court for Water Division No. 5, State of Colorado. B. Decree 323 W. Main St., Suite 301, Aspen, CO 81611 (9701 925-7171. Name of date: May 31, 1985. C. Date of appropriation: July 29, 1957. D. Decreed structures: Oh-Be-Joyful Reservoir and Stewart Ditch No. 1, Oh-Be-Joyful uses: Irrigation, manufacturing, domestic, municipal, power, and other Enlargement. APPLICATION TO MAKE ABSOLUTE A CONDITIONAL WATER RIGHT. beneficial uses. 3. Legal description of point of diversion: The point of Source: Snowmass Creek. Location: S]4, TOS, R86W, 6th P.M. use: diversion (the intake portal of said tunnel) is located at a point on the Reservoir-Irrigation, stock watering, fire protection, augmentation and Fryin<lpan River, whence the SW corner of S.7, T 8 S, R 83 W., 6th P.M., bears exchange. Ditch: To fill the reservoir. Structure: Reservoir and ditch. N. 48 33' W. a distance of 67,986'. 4. Source of Water: ilunter Creek and Quantity: Reservoir: 3.5 acre-feet; ditch: 1.0 c.f.s. (2 pages) Fryingpan River, and tributaries to each including Sawyer Lake Creek-Chapman Gulch, South Fork Fryingpan River, North Fork Fryingpan River, Mormon Creek, Cunningham Creek and Ivanhoe Creek, all of which are tributary to the Roaring 20. 96CW083 (95CW96) GARFIELD COUNTY - GROUNDWATER TRIBUTARY TO CRYSTAL Fork River, a tributary of the Colorado River. 5. Amount Of water SPRING CREEK, TRIBMARY To THE ROARING FORK RIVER. Volkmar von Hagke; c/o conditionally decreed: 37 c.f.8. decreed conditional in Case No. 83CW]52, in Brian Stowell, Esq.; 205 S. Mill St., Suite 300; Aspen, CO 81611 970-920- addition to 63 c.f.8. decreed absolute for the Boustead Tunnel Enlargement. 1028. Kelly Well - Application to Make Abpolute a Conditional Water Right. These amounts are in addition to, and do not incorporate, 900 c.f.s, Decreed: May 15, 1989, 88CW]87. Location: was changed in 95CW127 to a previously decreed absolute for the Boustead Tunnel. 6. Work Done: The point of diversion located in the SW!,SWI, Sec. 13, T. 7 S., R. 88 W., 6th P.M. 0 (continuedonthetollowingpage) RiC .. DRAFT Stl,Vt,4-- 1?155& #Pe 96 CoNâ‚¬146 861*PÂ¢r!14F MEMORANDUM -p 'Rts FLMT PaWIFENâ‚¬45. 0 1*t 'THG,- Me,rs ar- To: ./Bob Nevins, Planner Â»P~ BUFF/ZI' Via: Nick Adeh, City Engineer artÂ» PE! 1# 671-V. â€¢ p065 CAG ME IF- TWO From: Ross C. Soderstrom, Project Engineer NEEP F,pfltÂ» hg:,19[PÂ¢10 Date: April 18, 1996 9,+? Re: Zupancis Subdivision Review '~'~2 EPT-: El o> (510 Walnut Street and 511 Race Alley: S 1/2 Lot 9, and Lots 10, 11. and 12. Block 3. William's Subdivision. City of Aspen, CO; and a parcel situated in the NE 1/4, SW 1/4, Section 7, TiOS. R84W. City of Aspen. CO) After reviewing the above referenced application and making a site visit I have the following comments: 1. Improvement and Subdivision Survey: The submitted improvement survey needs to have the following items corrected or shown prior to acceptance of the final subdivision plat: A. Complete an improvement survey plat overlaid with the proposed subdivision plat both meeting the standards of 38-51 C.R.S., as amended. The "subdivision plat" submitted provided to the Engineering Dept. in the application does not qualify as a plat nor survey under any Colorado state statute concerning subdivisions nor survey plats. Therefore, final comment by the Engineering Dept. will be reserved pending review of a properly executed survey. The survey information presented is incomplete to verify potential contlicts or impacts not readily evident in the information provided. The improvement/subdivision survey plat must be properly titled as such; signed in the Surveyor' s certificate which evidences supervision of the survey and compliance with Title 38, Article 51, CRS, 1973; and stamped by a surveyor currently licensed in Colorado. The plat shall include the title insurance certificate number, date of issuance and name ofthe issuing title company. The title insurance certificate must have been issued within one (1) month prior to the date of the improvement survey plat. B. Show both recorded and measured bearings and distances for the property boundaries. Provide complete curve information for the curved portion of the property boundary along the South Avenue frontage. Post-it Fax Note 7671 Date 412+ Us â€¢ 2- ToaL\AA PrS\AS From PeNEWKS DRCM0796.DOC Co./DeptoÂ· ELGIC. CO CITY R/Â¥MING- Phone # Phone # 902.0 -5!00> Fax # 116-5194 Fax # Memo - Zupancis Subdivision Review ~ . DRAFT C. Provide full identifying information for the establishment of the basis of bearings. Also provide the bearing and distance of the tie from the nearer basis of bearings monument to the property boundary. Use two (2) City monuments within the same city block, two (2) recorded subdivision monuments, other recorded monuments. or a solar observation to establish the basis of bearings. D. Provide a symbol legend which clearly and uniquely identifies each type of utility box. pedestal and service vault, and each fence type. Arrowed notes or distinctive symbols are acceptable. Existing water service valve box(es) serving the property need to be shown. E. Provide the closure information of the existing and proposed exterior subdivision property lines. Provide the closure information of the proposed individual lots within the subdivision. F. Provide a note explaining why the easements referenced in the "plat" notes may not be graphically shown on the subdivision plat. This may be in a letter from the surveyor although a more complete description will be required on the final plat. G. A explanatory note and delineating line or crosshatching shall be shown on the plat to identify the portion(s) of the proposed lots which lie within the Smuggler Superfund Site. H. The Walnut Street right-of-way is not 75 ft. in width. Provide correct width. .. MEMORANDUM To: Nick Adeh, Chuck Roth, Jack Reid, Phil Overeynder, George Robinson, Bill Earley, Suzanne Wolff,i,Bdb Nevins Frorn: Ross C. Soderstrom, Staff Engineer ~Â£~6.5 Date: April 10,1996 Re: Applications Requiring Design Review & Comments, Week of April 8,1996 Attached are copies of sections from the two (2) applications listed at the bottom of this memo. I need responses from each dept. stating any concerns, special considerations, limitations, etc. by 2:00 p.m. Monday, 04/15/96 to include in my response to the City Planning Dept. 1.) Zupancis Subdivision: A proposed subdivision of a large lot into two (2) lots which each meet the minimum lot sizes and would front onto South Avenue rather than the present Race Street. The utility service and community impact review by Jay Hammond, SGM, appears to address most of the typical concerns for new subdivisions without any finding of prohibitive conditions. It appears that this application falls into the subdivision category on the basis of a technical definition of subdivision vs. lot split but otherwise is quite similar to a lot split in terms of the scope of the proposed development. The South Avenue frontage of the proposed two lots appears to be the primary area of concern regarding driveway access and snow-storage. 2). Rio Grande Stream Margin Review Exemption: The City Parks Dept. has requested a Stream Margin Review Exemption for the repair and additional remediation of damage caused along the Rio Grande Park and the kayak course by the spring flooding and trail wash-out of 1995. A permit has already been received from the Army Corps of Engineers for the work; copies of the proposed work planhave been submitted to FEMA and the Colorado Water Conservation Board (CWCB); the work plan was developed with assistance of the Corps and CWCB; and the Parks Dept. has contacted adjacent property owners to inquire of coordinated work in the river. The Parks Dept. is awaiting an evaluation of the Oklahoma Flats Pedestrian Bridge to determine the viability of raising the bridge to increase the free-board above fiood stage water levels. The completed stream margin application will be presented when this information is available. The applicant desires to complete the work this May before the high waters of the spring run-off. Attachments: 1.) Zupancis Subdivision, 6 pp. 2.) Rio Grande Stream Margin Review Exemption, 9 pp. M3596.DOC . ZUPANCIS SUBDIVISION 1116,{,*ww f. scat r i'â€¢In 1â€¢All, Of m'Aâ€¢,Nal fet,Il WoltiM*NI 9 Ag 9â€ž0Â¥/4 1 /.HE/l O ttlilits i oul. 1,0 5 nrrul i ..... CAr i 5 9'.4 40'1% LICE'/'Ill Of 31 "4/ n iâ€¢, R 21 fÂ·,1 5, . 4â€¢ 2â€¢ pe 51,2 CliN,1 Ir 09/riliâ€¢ 1 Â¥ 0 Iiâ€¢OVES SET NO 5 â€¢EPAg M â„¢ 89 CAr rn 9 2"n 3 .... T.Fer .'.1, vilinlf r vihriÂ«.E nr re-$Â¢,4, 0/ InF Or Fâ€ž,â€¢rt oNE e !Â·EllorES Colw'i M' SEI . ....1 ~ f, . 1 Â»NÂ· 11%:M'.H,MA f . â€¢ . In, -9 4Hr E . / 1 F l' No 1 *41.13'y~~~94 . S.82'20*001 , _125.00 -I-'.* . VICINITY MAP i. S 1/2 LOT 9 r *F 1 // - -- OA'r SnQI FIAVE- HOUSE ~ ------~ 1 f 1 F.\ \. 1 0 1 1 1 h k 1 \ 1-\\ â€¢11 1 311 - -\ 1, f 4 0 /0 T /0 \ ~ SFUT-LE,EL , 0 ... Flair /0/'SE I. 1 8 23 i 1 .N .. \ \1 $1 - 0 \-1 L ..8 4 5.6\ 1 1 i . .,r- LOT // 11 . 0 , 0 A. | k \ I / Â·t, r.. ci -4 - '. i 4 L \1 11,1 \ LOT /2 \ 1 1 C I.,07 1 LOT 2 ~,693 91 fl 8,063 9,1 h i ~ ~\L, ~ 1 -- M 89.20'00'W <--- 125 1311 - 0 , , 4/1 raiff' H 7ur,Ncis . ow" Tin.â‚¬ 1 \ \ . r - 3 SABI STORAGE EASE'ENT Â£ 83"49 W. 43.64 - RL__ " .745.0 L .58.72 ~44,-,1 ~0> r,f~~ Idtf*fÂ¥ ... 'ECM' /00/ I'8.-Il ./ .cu,ll - -35 be------- -2 1 fi:BEâ‚¬â€¢L. __ _. _ 1 -iCEÂ«L Ne SIZE 4 17/f Ne SIZE . T.PE SOUTH / AVENUE ' '3 - C Â»re:â€¢ 1/ I ..... . .' pil. . B., 3 â€¢. P'.I â€¢i "- I.I.'ll f R. 0,14' VARIES ~/ 4 iII- S â€¢loo 13 4- sp-cr 13 5 15 3/â€¢11{/ 4 . /3.4 I IIi AS.E.5 13 7- AS.â€¢ 3 7 I 'rgull . '6- ..... . I . .5.. . t..... ' ,..â‚¬ . 5 CARMICHAEL IUMVEYINO,INC. CARPONDALE. COLORADO 81623 PO. 80X 1387 1303-963-07571 .... Attachment F-VOID PROPOSED SUBDIVISION PLAT f *Ok,02) WALNUT .. ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5090 FAX (970) 920-5439 MEMORANDUM TO: City Attorney City Engineer Housing Director Parks Zoning Officer FROM: Bob Nevins, Planner RE: Zupancis Subdivision Parcel ID No. 2737-073-00-026 DATE: April 5, 1996 Attached for your review and comments is an application submitted by Robert Zupancis and Sylvia Davis. Please return your comments to me no later than April 19,1996. Thank you. .. ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5090 FAX# (970) 920-5439 April 5, 1996 Re: Zupancis Subdivision Case A27-96 Dear Tom, The Community Development Department has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for review by the Aspen Planning and Zoning Commission at a Public Hearing to be held on Tuesday, May 7, 1996 at a meeting to begin at 4:30 p.m. 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 Community Development Department. Please note that it is your responsibility to mail notice to property owners within 300' and to post the subject property with a sign at least ten (10) days prior to the public hearing. Please submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the public hearing. If you have any questions, please call the planner assigned to your case, Bob Nevins, at 920-5102. Sincerely, 1 1 ~th.O,}LdÂ© Rhonda L. Harris Administrative Assistant apz.ph ENGINEERS SGM P.0 Box 2155 SURVEYORS ~TACHMENT E (970) 925-6727 SCHMUESER FAX (970) 925-4157 GORDON MEYER - Aspen, CO 81612 March 13, 1996 Mr. Robert Zupancis VolP Ms. Silvia Davis P.O. Box 11481 5 C'Ll 96 Aspen, CO. 81611 RE: Zupancis Subdivision, Engineering Report Dear Robert and Silvia: This letter comprises an Engineering Report for the proposed subdivision application for the property owned by Robert Zupancis in Aspen, Colorado. The property currently includes two residential dwelling units addressed as 510 Walnut Street and 511 Race Street. The property that is the subject of this application includes the southerly 92 of Lot 9 and all of Lots 10,11 and 12 of Block 3 of the Williams Addition to the City and Townsite of Aspen as well as a metes and bounds parcel adjacent to South Avenue. The lot split proposal will create two parcels along a generally north-south boundary within the existing property. The lot split will create individual lots for the two existing residences. The westerly parcel is to be Lot 1 and the easterly parcel is Lot 2. I have spoken with representatives of all the primary utilities and inspected the site with regard to the availability of all secondary utilities. I would offer the following comments; 1. Water Phil Overeynder, the Director of the City of Aspen Water Department, indicates that water service to the existing homes, as well as any future redevelopment of the newly created lots, is available from the existing 8 inch diameter ductile iron water mains in South Avenue, Race Street or a recently constructed main extension in Walnut Street. No special physical constraints exist with regard to providing service to potential redevelopment of the newly created lots and the City has sufficient capacity to serve new homes on either parcel. Service to new homes would be provided subject to submission of an in-town tap application once the new homes were designed (so service requirements can be determined). Given the ages of the existing structures, it is unlikely that there would be any credit associated with previous tap fees paid for the existing services. New homes on the two lots would therefore be subject to full tap fees as well as new service construction for City water service. In addition, Phil notes that the newly constructed water main extension in Walnut Street is subject to a rebate requirement for the costs incurred by the owner of 515 Walnut for its construction. New taps to this main would require payment of a proportionate share of the approximately $18,000 cost of construction in addition to normal tap fees and connection charges. Connection to the new Walnut Street main would be shorter for Lot 1 created by this subdivision application and would require less expense for landscaping, pavement and concrete repair than connection to the South Avenue main. These items would need to be evaluated against the rebate expense of tapping the Walnut Street line by the builder of a new home on Lot 1. Phil did not, at this time, express any preference 118 West 6th, Suite 200 â€¢ Glenwood Springs, Colorado â€¢ (970) 945-1004 .. March 13, 1996 Mr. Robert Zupancis Ms. Silvia Davis Page 2 on the part of the City Water Department regarding which main would need to be tapped. Redevelopment of Lot 2 would likely tap the Race Street main. Phil also noted the presence of the yard hydrant on the north end of the Walnut Street frontage of the property that may be tapped to an old 11/2 inch diameter galvanized line. A building permit for the redevelopment of Lot 1 would likely require a service agreement and meter for the yard hydrant or abandonment of the hydrant at the main. There is an existing fire hydrant on the southeast corner of the South Avenue and Gibson Avenue intersection immediately across the street from both parcels. The hydrant is located within approximately 100 feet of either proposed lot. There is also a fire hydrant at the end of the new main in Walnut Street within 50 feet of Lot 1. 2. Sewer Tom Bracewell, System Superintendent of the Aspen Consolidated Sanitation District (ACSD), indicates that sewer service is available to the property from a recently completed 8 inch diameter collection line within the Walnut Street corridor or from the existing 8 inch diameter main collector in South Avenue. No constraints exist and the ACSD has sufficient capacity to serve new homes on the newly created parcels. Once again, tap fee credits are likely not available and service to new structures on either lot would require payment of normal tap fees and connection charges Tom noted that the two existing residences are served by a combined service line. He indicated that the ACSD would require a shared service agreement be filed for the shared line and that easements should be incorporated into the plat document (temporary or otherwise) where service to Lot 2 crosses Lot 1. Future redevelopment should anticipate rerouting services to provide independent service to each home and reconfiguring or eliminating related easements. 3. Electric I spoke with Mr. Jeff Franke of Holy Cross Electric Association, Inc., the rural cooperative that serves the area around this site. Jeff indicates that electric service capacity is available to serve new development on the lots created by the Zupancis Subdivision from existing overhead electric facilities within the Race Street corridor to the east. New construction on either lot would require construction of an underground service connection to the existing overhead primary system. Service to Lot 1 should be accommodated by an easement across the Lot 2 if needed to acquire service from the Race Street primary. Otherwise, no primary system upgrades would be required to provide service to the new homesites. 4. Miscellaneous Utilities Gas, telephone and cable TV are all evident and available from adjacent rights-of-way. A phone pedestal exists near the intersection of Walnut Street and South Avenue just south of the property. Cable TV is also in place on the overhead system paralleling the electric lines. Service to either parcel of the Zupancis lot split SCHMUESER GORDON MEYER, INC March 13, 1996 Mr. Robert Zupancis Ms. Silvia Davis Page 3 would be available subject to normal service construction and connection charges. 5. Access Access into the new lots is available from Walnut Street to the west or Race Street to the east. Both of the newly created parcels will front on existing rights-of-way and will access from existing streets. Walnut Street is currently a dirt street with minimal improvements, Race Street is a chip-seal street. Redevelopment of the existing site with two new residences would likely have minimal impact on adjacent traffic in that there are two existing homes on the site at this time generating traffic onto the adjacent streets. There is currently sidewalk, curb and gutter along the South Avenue frontage to the south of both lots accommodating the significant flow of drainage and pedestrian traffic from the Smuggler Mobile Home Park and Centennial Housing past the property. 6. Drainage Replacement of the two existing residential structures on the 510 Walnut and 511 Race Street site will result in minimal additional drainage impacts to the surrounding area. Site design for new homes should incorporate on-site drainage features including, possibly, drywells to maintain historic conditions with regard to runoff from the site. This project will not create additional impacts to the City of Aspen's storm drainage system nor will it require improvements or expansion of the system. The Zupancis property is not located in an area requiring accommodation of a neighborhood drainage plan. 7. Land Suitabilitv/1041 The Zupancis Subdivision property is not affected by potential flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or condition that would render it unsuitable for development from a 1041 hazard standpoint. The property is located within the Smuggler Superfund site and indicates a small area along the south frontage with soil lead contamination levels requiring mitigation under the Institutional Controls administered by the Aspen/Pitkin Environmental Health Department. Redevelopment of the property with structures in the contaminated area would require removal of the contaminated soils to the repository (currently located at the Pitkin County landfill) designated to receive such material. A redevelopment design which avoids contaminated soils would not require any special action but mitigation of the contaminated zone would permit the issuance of a certificate to the property owner that the site was "clean". Mitigation can be as simple as the addition of a soil cap to contaminated areas without disturbing the contaminated soil underneath. Aspen/Pitkin Environmental Health Department Director Tom Dunlop also indicates that there is some additional paperwork associated with the building permitting process for properties located within the Superfund site. 8. Spatial Pattern The Zupancis Subdivision, due to its location between established streets and utility corridors, fits well into the neighborhood and will not require the premature extension or duplication of area utility mains. SCHMUESER GORDON MEYER, INC .. March 13, 1996 Mr. Robert Zupancis Ms. Silvia Davis Page 4 I hope these comments will be adequate for submission of the Zupancis Subdivision/Lot Split application. Feel free to contact me if I may provide any further comment or detail. Very Truly Yours, SCHMUESER GORDON MEYER INC. L/Jay W. Hammond, P.E. Principal, Aspen Office JH/jh 96029ER SCHMUESER GORDON MEYER, INC . ZUPANCIS SUBDIVISION 21*'C *')4 , '&11,4.qad' Â¥-f--4- SCA,/ 1â€¢ 14 ...1. r,r I. All'.9 Fet,4. u.i.,u' I,9 .9 9,10*1, ilf'Ell 49*r-<20*r#g~2%N#v~4 O 'tloits i... I. 5 nt'.9 4 ......... i I e,/4 i."ir le.89'41 1 10' P.'linÂ¢ 0 iiI N /4 rn ". n " Fi re "2 04'1'Ki' 14 0114-" 1 Â¥ I ....E' SE' /0 5 /â€¢8/9 / rn .4 'Ar r, 9 24,/3 9'IR, ."U 1-Â· '41, v.irli i f vibili:/ 'f ..1,!iii ul' An. 0, f ... 1,/F e tÂ·[I,orts con,i'n In' 31.1 1 <1 . . S.8990'00"E. . t25.00' ... â€žâ€ž , , Ek !3*k:k,z< 7,1 2â€ž ~ - -------- ~~~<~--- -~~ VICINITY MAP S 1/2 t.07 9 1 : f,h 1 ' ONE MORY IRA*Â¢1 11(ust 1 E- 1 \ 1 r n \ 1 \ 1 1 -- . .- 11' 1, 1 A 1 1 \ ./ 1 $ - P. 1 ' f , o LOT to \ Brl/r-t/ttt 1 . 1 re.pr Het:SE ' 0 -- 1.\ 1 : 3 ... /1 8 ' 1 Mil I - L , b Lf 14 It< 1 .,-. <07 /1 -1 3\ . lu - \ t., ,' L N. , . c st i 0) .... ....9.-- -Â»--4., .-1.- --- -I . _ 9 llc ' \ 8\ 1 \. I - 0 -- I , Ff 1 :*f: 1 L 0 - \ 1 - **LOÂ¥ 1 1 LOT 2 223 it ft 8,083 sqll. . N.-4 L- ----- - N R9~20'00"w.<3-3 125 11/ . raâ€¢(,i ir .r,Neil .eul. i,ilt #m/Trible , t. \ . \ h % b.<r-- .,9 -M=LA .....1 .... f. AS 64 ,/ Z--*-7 , ---- 4, 1-.4 d L..._ . ----/ -4M M-*4Â· MET Â¥11(f CECen ~00â€¢ *~8.~.tf$F iffr lem,9.4 -2 *~13837â‚¬_22-?i,21_---- 1 Nt SIZE 8 ,Â¥r, .0 9'ZE A ,Â¥rt , SOUTH /AVENUE . - 2 .0,9, ie ~ Pâ€¢vc~ . 1 i . 1/ AS.' 3 11.1.-1 4 15' 5/.cr VARFS )/ L â€¢-I .Â°05 11 â€¢- 31â€¢â€¢Ut.__ / f R 0% 4 9 15. r.uct f r.,Â· Asre~s $5 1- /3.1/ I IrÂ· 3....1 . re-" t.. 4 . 0- ASPEN 1. .. S./.1 1 9 ' '*t , CARMICHAEL SURVEYINO,INC. CARPOHDALE, COLORADO 01623 PO. BOX 1387 (303-963-07571 .... Attachment F<3019 PROPOSED SUBDIVISION PLAT 5:-Â£2 99 133219 WALNUT #,00. U].00.- Box 11481 Aspen, CO 81612 March 12, 1996 Planning Dept City of Aspen 130 S Galena St Aspen, CO 81611 Dear Dave Michaelson: Attached is our subdivision application. Included are: 1. The actual application form which lists, in addition to other items, our (the applicant's) name, address and telephone number, the name, address, and telephone number of our representative authorized to act on our behalf, and the street address and legal description of the parcel on which the development is proposed to occur. 2. Written description of proposal and explanation of how proposed development complies with review standards relevant to the Development Application. 3. Several attachments: Attachment A: A copy o f the current certificate from Lawyers Title Insurance Corporation. Attachment B: The only existing deed of trust against the property, Bk 686, pg 33. Attachment C: An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. Attachment D: City map: 1" = 400' Attachment E: Letter from Jay Hammond Schmueser Gordon Meyer Inc Attachment F: Blueline of Proposed Plat Exhibit A 1 .. Thanks for you help and patience. Please let us know if there is any more detail or anything else we can provide for you. I understand we will be notified of the date set for the hearing. Sincerely, --4 -6ndjf O-,UU-* Robert Zupancis 5&~66 aa- Silvia Davis 2 .. TABLE OF CONTENTS Rage I. Project Description 4 II. Land Use Application Form 5 III. Specific Submission contents: Subdivision 7 IV. Review Standards: Subdivision 11 V. Lawyer's Title Insurance Attachment A VI. Current Deed of Trust on property Attachment B VII. Vicinity Map Attachment C VIII. City Map: 1" = 400' Attachment D IX. Letter from Jay Hammond, Schmueser Gordon Meyer Inc Attachment E X. Blueline of Proposed Plat Attachment F 3 .. PROJECT DESCRIPTION General: The applicants own a large city parcel on which are currently situated two separate residential dwellings. The subject parcel is located north of South Avenue, between Race and Walnut Street. Refer to the Vicinity map that is contained in this packet as Attachment C. They are seeking approval for subdivision of this larger lot into two lots, each of which meets the minimum lot size requirements. They are proposing a north/south lot line, so that each lot has limited frontage on South Avenue, a very busy and noisy street. This can be accomplished and still meet the minimum 60' lot width requirement. The blueline of the proposed plat is included in this packet as Attachment F. The westerly lot is labeled Lot 1; the easterly lot is labeled Lot 2. Each of the currently existing dwellings fits more or less on the separate lots. In each case there is a small encroachment. Upon approval, the applicants plan to demolish the dwelling that exists primarily on Lot 1, a split level frame house, and to construct a new single-family residence for themselves. The dwelling that exists on Lot 2 will encroach slightly upon Lot 1. The applicants are hoping that as long as they own both lots, this will be acceptable to the planning and zoning commission and city council. There will be the stipulation that if the lot is sold, the dwelling must then be demolished, so that the dwelling does not partially exist on "someone else's lot". Because there are al ready two dwellings on the subject property, the new plan does not di ffer drastically from what currently exists on the site. Utilities are already in place. A temporary easement will probably be required for sewer across Lot 1 for Lot 2. Also, an easement for electric across Lot 2 for Lot 1 may be required. Wherever possible, all redevelopment anticipates rerouting services to provide independent service to each home and eliminating related easements. Exact building design and floorplan have yet to be developed. City of Aspen Building Code will dictate all the specifics of building height, setbacks, etc. Specifics: The remainder of this packet will address all the specific details requested. 4 .. LAND USE APPLICATION FORM 1. Project Name: Zupancis subdivision 2. Project Location: 510 Walnut Street & 511 Race Street. Lot and block number: S 1/2 Lot 9, all of Lots 10,11,12 in Block 3, Williams addition to the City and Townsite of Aspen, plus a parcel of land situated in the NE 1/4, SW 1/4, Section 7, Township 10 South, Range 84 West City of Aspen, Colorado. 3. Present zoning: R-6 4. Lot Size: 16,746 sq ft 5. Applicant's name. address. phone #: Robert Zupancis Silvia Davis Box 11481 Aspen, CO 81612 920-2546 home 920-5180 work Silvia 6. Representative's Name. Address & Phone #: Tom Baker 312 Teal Court, Aspen, CO 81611 920-9283; 945-5989 GWS; FAX 920-4126 or 945-5912 7. Type of Application: xx Subdivision 8. Description of existing uses (number and type of existing structures: approximate sq ft: number of bedrooms: any previous approvals granted to the property): 510 Walnut Street: 1 residential dwelling 2,780 sq ft 5 bedrooms 511 Race Street: 1 residential dwelling 1,373 sq ft 3 bedrooms 5 .. 9. Description of development application: Both dwellings exist on 1 legal description. Applicant wants to subdivide so that each dwelling has its own legal description. 10. The following are attached: xx Minimum submission contents xx Specific submission contents xx Review standards: Subdivision 6 .. SPECIFIC SUBMISSION CONTENTS: SUBDIVISION Requirements of Planning Commission: la(1) The general application information required in Common Procedures, Sec 6-202. la(2). City map: Shows location of proposed subdivision and all adjacent lands and landmarks, and the Zone District in which the proposed subdivision and adjacent properties are located. (1" = 400') Provided by City Engineer. (Attachment D) la(3). PLAT: Prepared by surveyor. 1" = 100' or larger. Reflects layout of lots, blocks and structures in the proposed subdivision. 24" x 36". Include also vicinity map that shows subdivision as it relates to rest of city and street system in the area of the proposed subdivision. la(3)(a). Name of proposed subdivision: Zupancis subdivision. la(3)(b). Plat contains â€¢ Robert Zupancis' name, address and telephone number â€¢ designer of proposed subdivision â€¢ name of licensed surveyor (Carl Carmichael) la(3)(c). Includes location and boundaries of proposed subdivision. la(3)(d). Plat shows existing and proposed contours of the land in the proposed subdivision at two-foot (2') intervals, where the slope is less than ten (10%) per cent, and five-foot (5') intervals where the slope is ten (10%) per cent or greater, and the designation of all areas with slope greater than thirty (30%) per cent. There is no slope greater than 101 on this parcel. la(3)(e). The plat shows location & dimensions of all existing streets, alleys, easements, drainage areas, irrigation ditches, public and private utilities, and other significant manmade or natural features within or adjacent to the proposed subdivision. la(3)(f). The plat shows the new lot line. Otherwise, there are no new proposed streets, alleys, easements, drainage improvements, or utilities. In addition, no areas or structures reserved or dedicated for public or common use in the proposed subdivision are required. 7 .. la(3)(g). The plat shows location, size, and type of existing vegetation and other natural landscape features, proposed limits of any excavation or regrading, including location of trees with trunk diameter of 6" or more and 4 1/2' above ground. Indicate which trees are proposed to be removed. la(3)(h). NOT APPLICABLE. There are no areas that constitute natural hazard areas including but not limited to snowslides, avalanche, mudslide, rockslide and the 100-year flood plain. la(3)(i). NOT APPLICABLE. The planning agency has required no additional information on geological or soil stability, avalanche potential, projected traffic generation, air pollution and similar matters. There is no impact of this nature since there is no increase in density. la(3)(j). NOT APPLICABLE. There are no proposed new utility systems, drainage plans, surface improvements, or other construction projects contemplated within the proposed subdivision. The dwellings in the proposed subdivision must comply with the standard FAR allowed by zoning. This proposed subdivision, therefore, will have no adverse effect upon the surrounding area. la(3)(k). Site data tabulation. 2 lots: one 8683 sq feet, the other 8063 sq feet. R-6 zoning as exists now. A single family dwelling on each lot. Project each dwelling to have approximately 4 bedrooms. Ground coverage will be maximum or close to maximum allowed. Parking required: 1 spot per each bedroom. Streets, sidewalks and open space: No open space is required pursuant to Sec. 7-1004(c)-(5)(a). Additional streets and sidewalks not required in subdivision. la(3)(1). NOT APPLICABLE. This is not a division of land into condominium interests, apartments or other multi-family or time- share dwelling units. la(3)(m). NOT APPLICABLE. Applicant owns no adjacent holdings. la(3)n). Current utilities that service dwellings are: natural gas: Rocky Mtn Natural Gas electricity: Holy Cross Electric Corp telephones: US West sewer: Aspen Sanitation District water: City of Aspen 8 .. fire Protection: Aspen Fire Protection District There is attached a letter from Jay Hammond of Schmueser Gordon Meyer Inc (Attachment E). This engineering report describes the utilities which will continue to service the proposed subdivision. Additional application contents prior to review by City Council: The submission has the following contents: 2b(1) FINAL PLAT permanent ink on mylar. 24" x 36" with unencumbered margin of 1 1/2" on left hand side and 1/2" margin on other 3 sides. It shall include: â€¢ (a) Accurate dimensions for all lines, angles, and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common use and other important features. All curves shall be circular arcs and shall be defined by the radius, central angle, tangent, arc and chord distances. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one (1) in ten thousand (10,000). â€¢ (b) A systematic identification of all lots and blocks and names for all streets. â€¢ (c) Names of all adjoining subdivisions with dotted lines of abutting lots. If adjoining land is unplatted, it shall be shown as such. â€¢ (d) An identification of the streets, alleys, parks, and other public areas or facilities, and a dedication thereof to the public use. An identification of the easements as dedicated to public use. Areas reserved for future public acquisition shall also be shown. â€¢ (e) A written survey description of the area including the total acreage to the nearest one-thousandth (0.001) of an acre. â€¢ (f) A description of all survey monuments, both found and set, which mark the boundaries of the subdivision, and description of all monuments used in conducting the survey. The Colorado Coordinate System may be used. 2b2. Statement by land surveyor explaining how bearings, if used, were determined. Surveyor will provide on plat. 2b3. Certificate by registered land surveyor as to accuracy of survey and plat, and a statement that the survey was performed in 9 .. accordance with Colorado Revised Statutes 1973, Title 38, Article 51, as amended from time to time. Surveyor will provide on plat. 2b4. A certificate by a corporate title insurer, that the person or persons dedicating to the public the public rights-of-way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances. There are no such dedications: therefore NOT APPLICABLE. 2b5. Certificates showing approval of the Final Plat by the City Engineer, planning director and the Commission. Will be included. 2b6. A certificate showing approval of the plat and acceptance of dedications and easements by the City Council, with signature by the Mayor and attestation by the City Clerk. Will be included. 2b7. A certificate of filing for the Pitkin County Clerk and Recorder. Will be included. 2b8. Complete engineering plans and specifications for all improvements to be installed in the proposed subdivision, including but not limited to water and sewer utilities, streets and related improvements, trails, bridges and storm drainage improvements. No improvements to be installed, therefore NOT APPLICABLE. 2b9. A landscape plan showing location, size, and type of proposed landscape features. Not required since no visual impact. NOT APPLICABLE. 2b10. Copies of any monument records required of the land surveyor in accordance with Colorado Revised Statutes 1973, Title 38, Article 53, as amended from time to time. NONE REQUIRED. 2bll. Any agreements with utility or ditch companies, when applicable. All utilities are in place and no new ones are required. NOT APPLICABLE. 2b12. Any subdivision agreements as required by Sec. 7-1004(c)(3) f 10 .. REVIEW STANDARDS: SUBDIVISION 1. General requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan: the proposed subdivision meets the minimum lot size for the zone district. b. The proposed subdivision shall be consistent with the character of existing land uses in the area: with the potential of 2 new houses, the proposed subdivision doesn't represent a departure from what already exists - 2 single family dwellings. c. The proposed subdivision shall not adversely affect the future development of surrounding areas: there is no affect. d. The proposed subdivision shall be in compliance with all applicable requirements of this chapter: we meet all the standards. 2a. Land suitability. The engi neer' s report which is attached (Attachment E) states that the proposed subdivision is not located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other naturaL hazard or other condition that will be harmful to the health, safety, or wel fare of the residents in the proposed subdivision. 2b. Spatial pattern efficient. The engineer's report which is attached (Attachment E) states that the proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. 3. Improvements. 3a. Required improvements. The following improvements shall be provided for in the proposed subdivision. 3al. Permanent survey monuments, range points, and lot pins. There will be new survey monuments. 3a2. Paved streets, not exceeding the requirements for paving and improvements of a collector street. NOT REQUIRED. 11 .. 3a3. Curbs, gutter, and sidewalks. Race Street is a narrow Right-of- way with low pedestrian usage. Sidewalk and gutter are not appropriate here. Walnut Street, likewise, has insufficient vehicle and pedestrian traffic to warrant sidewalks and gutters.. 3a4. Paved alleys. WE ARE PROPOSING NO PAVED ALLEYS. 3a5. Traffic-control signs, signals or devices. NONE REQUIRED. 3a6. Street lights. NONE REQUIRED. 3a7. Street name signs. NOT ADDING NEW SIGNS. 3a8. Street trees or landscaping. NOT ADDING NEW LANDSCAPING. 3a9. Water lines and fire hydrants. ALREADY EXIST. 3a10. Sanitary sewer lines. ALREADY EXIST. 3all. Storm drainage improvements and storm sewers. The engineer's report which is attached (Attachment E) states this project will not create additional impacts to the City of Aspen's storm drainage system. Nor will it require improvements or expansion of the system. The property is not located in an area requiring accommodation of a neighborhood drainage plan. 3a12. Bridges or culverts. NOT REQUIRED. 3a13. Electrical lines. ALREADY EXIST. 3a14. Telephone lines. ALREADY EXIST. 3a15. Natural gas lines. ALREADY EXIST. 3a16. Cable television lines. ALREADY EXIST. 3b. Approved plans. Construction shall not commence on any of the improvements required by Sec. 7-1004(c)(3)(a) until a plan, profile, and specifications have been received and approved by the city engineer and, when appropriate, the relevant utility company. NONE REQUIRED. 3c. Oversized utilities. In the event oversized utilities are required as a part of the improvements, arrangements for reimbursement shall be made whereby the subdivider shall be 12 .. allowed to recover the cost of the utilities that have been provided beyond the needs of the subdivision. NO INCREASE IN DENSITY. 4. DESIGN STANDARDS. The following design standards shall be required for all subdivisions. 4a. Streets and related improvements. The following standards shall apply to streets regardless of type or size, unless the street has been improved with paving, curb, gutter and sidewalk. NO NEW REQUIRED. 4al. Conform to plan for street extension. Streets shall conform to approved plans for street extension and shall bear a logical relationship to the topography and to the location of existing or planned streets on adjacent properties. NOT REQUIRED. 4a2. Right-of-way dedication. Right-of-way shall be dedicated for the entire width for all local, collector and arterial streets. NOT REQUIRED. 4a3. Right-of-way width. Street and alley right-of-way widths, curves and grades shall meet the following standards. Minimum Street Center Line Right-of- Maximum Classifi- Curve way Width PerCent cation Radius (ft) ffil of grade (%) Local 100 60 10 Collector 250 80 6 Arterial 625 100 5 Alley 50 20 5 NOT REQUIRED. 4a4. Half-street dedications. Half-street dedications shall be prohibited unless they are for the purpose of increasing the width of an inadequate existing right-of-way. NO SUCH HALF-STREET DEDICATIONS. 4a5. Street ends at subdivision. When a street is dedicated which ends on the subdivision or is on the perimeter of the subdivision, the last foot of the street on the terminal end or outside perimeter 13 .. of the subdivision shall be dedicated to the City of Aspen in fee simple and shall be designated by using outlot(s). The City shall use the dedicated land for public road and access purposes. NO SUCH STREET. 4a6. Cul-de-sacs. Cul-de-sacs shall not exceed four hundred (400') feet in length and shall have a turnaround diameter of one hundred (100') feet. A Cul-de-sac of less than two hundred (200') feet in length in a single-family detached residential area does not requi re a turnaround if the City Engineer determines a "T", "Y" or other design is adequate turnaround for the vehicles expected to use the Cul-de-sac. NO CUL-DE-SACS. 4a7. Dead end streets. Dead-end streets, except for cul-de-sacs, shall be prohibited unless they are designed to connect with future streets on adjacent lands that have not been platted. In cases where these type of dead end streets are allowed, a temporary turnaround of one hundred (100') feet shall be constructed. NO DEAD-END STREETS. 4a8. Centerline offset. Streets shall have a centerline offset of at least one hundred twenty-five (125') feet. NO NEW STREETS. 4a9. Reverse curves. Reverse curves on arterial and collectors streets shall be jointed by a tangent of at least one hundred (100') feet in length. NO REVERSE CURVES. 4a10. Changes in street grades. All changes in street grades shall be connected by vertical curves of a minimum length in feet equivalent to the following appropriate "K" value multiplies by the algebraic difference in the street grades. Street Classification Collector Local Arterial "K" value for: Crest vertical curve 28 16 55 Sag vertical curve 35 24 55 NO NEW STREETS. 4all. Alleys. Alleys shall be provided in subdivisions where commercial and industrial development is expected, except when other provisions are made and approved for service access. NO ALLEYS. 14 .. 4a12. Intersections. Intersections shall approximate right angles and have a minimum tangent of fifty (50') feet on each leg. The subdivision design shall minimize the number of local streets that intersect arterial streets. NO NEW INTERSECTIONS. 4a13. Intersection grade. Intersection grades shall not exceed four (41) per cent for a minimum distance of one hundred (100' ) feet on each leg. Flatter grades are desirable. NO NEW INTERSECTIONS. 4a14. Curb return radii. Curb return radii for local street intersections shall be fifteen (15') feet. Curb return radii and corner setbacks for all other types of intersections shall be based upon the expected types of vehicle usage, traffic volumes and traffic patterns using accepted engineering standards. In case of streets which intersect at acute angles, appropriate increases in curb return radii shall be made for the necessary turning movements. NO NEW INTERSECTIONS. 4a15. Turn by-passes and turn lanes. Right-turn by-passes or left-turn lanes shall be required at the intersection of arterial streets or the intersection of an arterial street with a collector street if traffic conditions indicate they are needed. Sufficient right-of- way shall be dedicated to accommodate such lanes when they are required. NO NEW INTERSECTIONS. 4a16. Street names and numbers. When streets are in alignment with existing streets, any new streets shall be named according to the streets with which they correspond. Streets which do not fit into an established street-naming pattern shall be named in a manner which will not duplicate or be confused with existing street names within the city or its environs. Street numbers shall be assigned by the city building inspector in accordance with the city numbering system. NO NEW STREETS. 4a17. Installation of curb. gutter. sidewalks. or driveways. No finish paving, curb, gutter, sidewalks or driveways shall be constructed until one (1) year after the installation of all subsurface utilities and improvements. Per conversation with city engineer, this is not applicable. 4a18. Sidewalks. Sidewalks shall be eight (8') feet wide in all Commercial Core (CC), commercial (Cl), Neighborhood commercial (NC), and Commercial Lodge (CL) Zone Districts and five (5') feet wide in all other zone districts where sidewalks are required. I5 .. Consideration shall be given to existing and proposed landscaping when establishing sidewalk locations. Applicant had meeting with city engineer. Race Street is a narrow Right-of-way with low pedestrian usage. Sidewalk and gutter are not appropriate here. Walnut Street, likewise, has insufficient vehicle and pedestrian traffic to warrant sidewalks and gutters 4a19. City specifications for streets. All Streets and related improvements shall be constructed in accordance with city specifications which are on file in the office of the city engineer. NO NEW STREETS. 4a20. Range point monuments. Prior to paving any street, permanent range point monuments meeting the standards of Sec. 7- 1004(c)(4)(d) shall be installed to approximately finished grade. Permanent range point boxes shall be installed during or as soon as practicable after paving. NO NEW STREETS. 4a21. Street name signs. Street name signs shall conform to the type currently in use by the city. STREET NAME SIGNS ALREADY EXIST. 4a22. Traffic control signs. Any required traffic-control signs, signals or devices shall conform to the "Manual of Uniform Traffic Control Devices." TRAFFIC CONTROL SIGNS ALREADY EXIST. 4a23. Street lights. Street lights shall be placed at a maximum spacing of three hundred (300') feet. Ornamental street lights are desirable. STREET LIGHTS ALREADY EXIST. 4a24. Street tree. One (1) street tree of three-inch (3") caliper for deciduous trees measured at the top of the ball or root system, or a minimum of six-foot (6') height for coni fers, shall be provided in a subdivision in residential zone districts for each lot of seventy foot (70') frontage or less, and at least two (2) such trees shall be provided for every lot in excess of seventy feet (70') frontage. Corner lots shall require at least one (1) tree for each street. Trees shall be placed so as not to block sight distances at driveways or corners. The city parks and recreation department shall furnish a list of acceptable trees. Trees, foliage and landscaping shall be provided in subdivisions in all other zone districts in the city in accordance with the adopted street landscaping plan. Applicant will comply. 4b. Easements 16 .. 4bl. Utility easements. Utility easements of ten (10') feet in width on each side of all rear lot lines and five (5') feet in width on each side of lot lines shall be provided where necessary. Where the rear or side lot lines abut property outside of the subdivision on which there are no rear or side lot line easements at least five (5') feet in width, the easements on the rear and side lot lines in the subdivision shall be twenty (20') feet and ten (10') feet in width, respectively. WATER: no easement necessary because water 1 ines avai 1 able from 8" diameter water main in South Avenue, Race Street, or Walnut St. SEWER: No easement necessary because sewer available within Walnut Street corridor and from existing 8" diameter main collector in South Ave. ELECTRICITY: Appears that an easement is necessary across Lot 2 to accommodate Lot 1. NATURAL GAS, CABLE TELEVISION, AND TELEPHONE: No easement necessary; service to either parcel would be available subject to normal service construction and connection charges. 4b2. "T" intersections and cul-de-sacs. Easements twenty (20') feet in width shall be provided in "T" intersections and cul-de-sacs for the continuation of utilities or drainage improvements, if necessary. NOT NECESSARY. 4b3. Potable water and sewer easements. Water and sewer easements shall be a minimum of twenty (20') feet in width. WATER AND SEWER EASEMENTS NOT NECESSARY. 4b4. Planned utility or drainage system. Whenever a subdivision embraces any part of a planned utility or drainage system designated on an adopted plan, an easement shall be provided to accommodate the plan within the subdivision. There is no planned utility system. Per the engineer's report (Attachment E) there will be no additional impacts to City of Aspen's storm drainage system. Nor will it require improvements or expansion of the system. 4b5. Irrigation ditch. channel. natural creek. Where an irrigation ditch or channel, natural creek or stream traverses a subdivision, an easement sufficient for drainage and to allow for maintenance of the ditch shall be provided. NOT APPLICABLE. THERE IS NO IRRIGATION DITCH OR CHANNEL, NATURAL CREEK OR STREAM THAT TRAVERSES THIS PROPOSED SUBDIVISION. 17 .. 4b6. Fire lanes and emergency access easements. Fire lanes and emergency access easements twenty (20') feet in width shall be provided where required by the city fire marshal. NOT REQUIRED. 4b7. Planned street or transit alignment. Whenever a subdivision embraces any part of an existing or planned street or transit alignment designated on an adopted plan, an easement shall be provided to accommodate the plan within the subdivision. NOT APPLICABLE. NO SUCH EASEMENT REQUIRED. 4b8. Planned trail system. Whenever a subdivision embraces any part of a bikeway, bridle path, cross country ski trail or hiking trail designated on the Aspen Area Comprehensive Pl an: Parks/ Recreation/ Open Space/ Trails Plan Map, an easement shall be provided to accommodate the plan within the subdivision. NOT APPLICABLE. THE PROPERTY IS NOT ENCUMBERED BY ANY SUCH BIKEWAY, BRIDLE PATH, CROSS COUNTRY SKI TRAIL OR HIKING TRAIL. 4c. Lots and blocks. 4cl. General. Lots shall meet all applicable regulations of this chapter. 4c2. Side lot lines. Side lot lines shall be substantially at right angles or radial to street lines. THIS REQUIREMENT HAS BEEN MET. 4c3. Reversed corner lots and through lots. Reversed corner lots and through lots shall be prohibited except where essential to provide separation from arterial streets because of slope, or to prevent the development of incompatible land uses. NOT APPLICABLE. 4c4. Front on street. All lots shall front on a public or private street. THE FRONT OF EACH OF THESE LOTS FACES SOUTH AVENUE. 4c5. State Highway 82. No lot shall front on, nor shall any private driveway access to State Highway 82. NOT APPLICABLE. 4c6. Block lengths. Block lengths shall normally be at least four hundred (400') feet in length and not more than one thousand four hundred (1400') feet in length between street intersections. NOT APPLICABLE. 4c7. Compatibility. Block lengths and widths shall be suitable for the uses contemplated. NOT APPLICABLE. 18 .. 4c8. Mid-block pedestrian walkways. In blocks over five hundred 500') feet long, mid-block pedestrian walkways shall be provided. NOT APPLICABLE. 4d. Survey monuments. 4dl. Location. The external boundaries of all subdivisions, blocks and lots shall be monumented on the ground by reasonably permanent monuments solidly embedded in the ground. These monuments shall be set not more than fourteen hundred (1400') feet apart along any straight boundary line, at all angle points, and at the beginning, end and points of change of direction or change of radius of any curved boundaries. SURVEYOR WILL COMPLY. 4d2. CRS 1973 38-51-101. All monuments shall be set in accordance with the provisions of CRS 1973 38-51-101, as amended from time to time, unless otherwise provided for in this chapter. SURVEYOR WILL COMPLY. 4d3. Range points and boxes. Range points and boxes meeting city specifications shall be set on the centerline of the street right- of-way unless designated otherwise. SURVEYOR WILL COMPLY. 4d. Utilities. 4el. Potable waterlines and appurtenances. All potable waterlines, fire hydrants and appurtenances shall meet the city's standard specifications on file in the city engineer's office. Lots will be serviced by city water system. 4e2. Size of waterlines. All potable water lines shall be at least eight (8") inches in size unless the length of the line is less than two hundred (200') feet in length, its minimum size shall be six (6") inches in width. NOT APPLICABLE. Lots will be serviced by city water system. 4e3. Fire hydrants. Fire hydrants shall be spaced no farther apart than five hundred (500') feet in detached residential and duplex subdivision. Fire hydrants shall be no farther than three hundred fifty (350') feet apart in multi-family residential, business, commercial, service and industrial subdivision. FIRE HYDRANTS ALREADY EXIST AND ARE SHOWN ON PLAT. Engineer's report (Attachment E) also describes location of fire hydrants. 19 .. 4e4. Sanitary sewer. Sanitary sewer facilities shall meet the requirements of the Aspen Consolidated Sanitation District. Engineer's report (Attachment E) contains comments by the Aspen Consolidated Sanitation District. 4e5. Underground utilities. All utilities shall be placed underground, except transformers, switching boxes, terminal boxes, meter cabinets, pedestals, and ventilation ducts. ALL UTILITIES IN PLACE. THERE WILL BE NO NEW UTILITIES. 4e6. Other utilities. Other utilities not specifically mentioned shall be provided in accordance with the standards and regulations of the applicable utility department or company. NOT APPLICABLE. THERE ARE NO OTHER UTILITIES. 4e7. Utilities stubbed out. All utilities shall be stubbed out at the property line of lots. NOT APPLICABLE. UTILITIES EXIST ALREADY. 4f. Storm drainage. 4fl. Drainage plan. The drainage plan for the proposed subdivision shall comply with the criteria in the city's "Urban Runoff Management Plan." The engineer's report (Attachment E) addresses the drainage for these lots. 4f2. Detention storage. Short-term on-site detention storage shall be provided to maintain the historical rate of runoff for the 100- year storm from the undeveloped site. The engineer's report is attached. (Attachment E). 4f3. Maintain historical drainage flow. In cases where storm runoff from an upstream basin passes through the subdivision, the drainage plan shall provide adequate means for maintaining the historical drainage system. The engineer's report is attached (Attachment E). 4f4. Calculations and quantities of flow. The drainage plan shall include calculations and quantities of flow at the points of concentration. The engineer's report is attached (Attachment E). 4g. Flood hazard areas. The following standards shall apply to special flood hazard areas as defined in Sec 7-504 of the Municipal Code. NOT APPLICABLE. 20 .. 4gl. The proposed subdivision design shall be consistent with the need to minimize flood damage to public utilities and facilities such as sewer, gas, electricity, and potable water systems. The engineer's report is attached (Attachment E). 4g2. Base flood elevation data shall be provided for any proposed subdivision of at least fifty (50) lots or five (5) acres, whichever is less. NOT APPLICABLE. 5. Affordable Housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Art. 5, Div. 7, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Art 8., Growth Management Quote System. NOT APPLICABLE. POTENTIALLY, 2 NEW SINGLE FAMILY DWELLINGS WILL REPLACE 2 OLD SINGLE FAMILY DWELLINGS. 21 2,9* 4 â‚¬%.2 1 . -92 1-2.-:1'ip#Z JIK 1Â£--U>I EXHIBIT A Legal Description '41*6 v ph#. i 41.7 #347665 08/12/92 15: 55 Ree $30.00 BK 686 Pe *033 ~ Silvia Davis, Pitkin Cnty Clerk, Doc $.00 , Scuth one-half Ict Nire and all of lots ten, ele,en ad twelve in u Block three (Sl/2 Lot 9, all of Lots 10, 11 and 12 in Block 3) Willians Addition to the City ard Townsite of Aspen, togetter with all 41. ~'t'm.ft, A Parcel of lard situatud in the NE 1/4. SW 1/4. Secticn 7. mbnship t* 10 Salth, Range 84 WaL City of Aspen, ailorah betrg more fully ty-~ ~ described aa follows: AF , Begirning at the SE Correr of lot 12. Block 3. Willl- Addition; 54 thence South 40'33'07' West, 36.01 feet; r.: . thence South 83'49'00' West. 43.64 feet; ' Â·tÂ·E.'' -', *i. k 1 emoe 58.72 feet alcng th, arc of a curve to tte right having a radius of 245 feet; thence North 00' 40' 00" East, 32.82 feet to the SW corner of said Lot f ...,B 12; therne Satth 89*20'000 East. 125.00 feet alcrg the South bolnlary lire - of said Lot 12 to the Point of Beginning. ,/ A . County of Pitkin, State of Colorado I 2 *1 0 4.'. , .. Fe,j A.f .. 24 .., t.... 1 :.2 1 - . + t. E ' .. 4 ' Ak Â£211 A:f*4 ' l > t.1 :=7'UA:. ! - 4-77 1)*bLy,543 9.1,%24Â£~i> + trf::9'~ .Ly .. )Ti<.6 . . .,i 'i 'â€¢ ' *Â· ~ri::1.~*. . ~' ' - t 't ~,~ 9-1 , ' I 1 1 A. . 6 % I. -:- 4:0; ~~ .n & â€¢ ~417-Â©2 #12 N , 1 LJ . /77 37 -(1 9.1 \ 3 ..4 .1. 00 \ 1 7 01 Al .-----~ fh 1Â« 0 : 6 ~ r. l - <56... % 0 0 0 0 0 9 Â· 453. 0 2 /1 05 doole 0 908 C 4/ 4 , 1 Â¢6 0 0 110&9 / 0 0 00 <:E>A .0 0.6,00000 90 00 4 0.00 'ca ~FRE 8 e (U 0 I - 800 -4 f ED , /9 2 00 dy.tb . Wo 0 0 0 0/1 0 0 b \ 7--U 0 4\\ : 00 0 ... '- 44-=*my:=2\ . 0 .f . I 0 ./., :\ C ./. 49 , , I 6-60' 0 1 f--~7 22, :. - . 0 * - I 0 .Â»... Â¢ 00 V 42> Â» v 43 L O 453 0 04 /40 O /315 00 . .A $ 0053 0r0000 0 4/ t,00 j 0 0 555 OV 1RL \-53 0/ 49 44:Â» 09 \ '0/ . . Â»/- %81,3/ / r 4% I I Imuyers-Ftle Insurance @poration ATTACHMENT A NATIONAL HEADQUARTERS RICHMOND, VIRGINIA OWNER'S POLICY NUMBER 113 - 00 -456232 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF the Company has caused this policy to be signed and sealed, to be valid when Schedule A is countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. Iml~Is-Iitle Insurance @poration Attest: j By: 4. 94/4 03 41 a.,2..o e &244-,%. Secretary. V President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i)theoccupancy, use, or enjoymentof the land; (ii) the character, dimensions or location of any Improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice ot a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge, 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the Insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy: or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value forthe estate or interest insured by this polic'y. INmmlimiM-U-U[., Mil-â€¢â€¢ 1- â€¢ 1 1 â€¢ 1 -â€¢ 1 -It-â€¢ 1 -Ul/M/Rli.U/Uimialug- H.Ming.mil.m"immm'El Policy 113/99 Lithoin USA. 035-0-113/99-0006 Cover Sheet ALIA Owner's Policy (10-21879 CONDITIONS AND STIPULATIONS-CONTINUJEO of an insured claimant any claim insured agains~r this policy, together 10. REDUCTIONOF~RANCE: REDUCTIONORTERMINATION OF with any costs, attorneys' fees and expenses incurred by the insured claim- LIABILITY. ant which were authorized by the Company up to the time of payment and All payments under this policy, except payments made for costs, attorneys- which the Company is obligated to pay; or fees and expenses, shall reduce the amount of the insurance pro tanto. (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys , 11. LIABILITY NONCUMULATIVE. fees and expenses incurred by the insured claimant which were authorized It is expressly understood that the amount of insurance under this Pojie.,' bythe Company uptothetimeof paymentand whichtheCompany isobligated shall be reduced by any amount the Company may pay under an'y policy to pay insuring a mortgage to which exception is taken in Schedule B or to whicn Upon the exercise by the Company of either of the options provided for the insured has agreed, assumed, ortaken subject, or which is hereafter exe- in paragraphs (b)(i) or (ii), the Company's obligations to the jnsured under cuted by an Insured and which is a charge or lien on the estate or interest this policy fortheclaimed lossordamage, otherthan the payments required described or referred to in Schedule A, and the amount so paid shall be deem- to be made, shall terminate, including any liability or obligation to defend, ed a payment under this policy to the insured owner, prosecute or continue any litigation. 12. PAYMENT OF LOSS. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. (a) No paymentshallbe made without producing this policy for endorse- This policy is a contract of indemnity against actual monetary loss or ment of the payment unless the policy has been lost or destroyed, in whicn damage sustained or incurred bythe insured claimant who has suffered loss case proof of loss or destruction shall be furnished to the satisfaction of the or damage by reason of matters insured against by this policy and only to Company. (b) When liability and the extent of loss or damage has been definite'y the extent herein described. (a) The liability of the Company under this policy shall not exceed the fixed in accordance with these Conditions and Stipulations, the loss or damage least of shall be payable within 30 days thereafter. (i) the Amount of Insurance stated in Schedule A; or, la SUBROGATION UPON PAYMENT OR SETTLEMENT. (ii) the difference between the value of the insured estate or interest (a) The Company's Right of Subrogation. as insured and the value of the insured estate or interest subjectto the defect, Whenever the Company shall have settled and paid a claim under th s lien or encumbrance insured against by this policy. policy, all right of subrogation shall vest in the Company unaffected by any (b) In the event the Amount of Insurance stated in Schedule A at the act of the insured claimant. Date of Policy is less than 80 percent of the value of the insured estate or The Company shall be subrogated to and be entitled to all rights and inteiÂ·est orthe full consideration paid forthe land, whichever is less, or if subse- remedies which the insured claimant would have had against any person quent to the Date of Policy an improvement is erected on the land which or propertyin respecttotheclajm had this policy not been issued. I f requested increases the value of the insured estate or interest by at least 20 percent by the Company, the insured claimant shall transferto the Company all rights overthe Amountof Insurance stated in Schedule A. thenthis Policy issubject and remedies against any person or property necessary in order to perfect to the following: this right of subrogation. The jnsured claimant shall permit the Comparry to sue, compromise or settle n the name of the insured claimant and to use (i) where no subsequent improvement has been made. as to any the name of the insured claimant in any transaction or litigation involving these partial loss, the Company shall only pay the loss pro ram in the proportion that the amount of insurance at Date of Policy bears to the total value of the rights or remedies. insured estate or interest at Date of Policy; or If a payment on account of a claim does not fully cover the loss of the (ji) whereasubsequent improvement has been made, astoany par- insured claimant, the Company shall be subrogated to these rights and tial loss, the Company shall only pay the loss pro ram in the proportion that remedies in the proportion which the Company's payment bears tothe whole 120 percent of the Amount of Insurance stated in Schedule A bears to the amount of the loss. sum of the Amount of Insurance stated in Schedule A and the amount If loss should result from anyact of the insured claimant, asstated above. expended for the improvement. that act shall not void this policy, but the Company, in that event, shall be The provisions of this paragraph shall not apply to costs, attorneys' fees required to payonlythat part of any losses insured against bythis policy which and expenses for which the Company is liable under this policy, and shall shall exceed the amount, if any, lost to the Company by reason of the impair- only apply to that portion of any loss which exceeds, in the aggregate, 10 ment by the insured claimant of the Company's right of subrogation. percent of the Amount of Insurance stated in Schedule A. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall (c) The Company will pay onlythosecosts, attorneys' feesand expenses incurred in accordance with Section 4 of these Conditions and Stipulations. exist and shall include, without limitation, the rights of the insured to indem- nities, guaranties, other policies of insurance or bonds, notwithstanding any 8. APPORTIONMENT. terms or conditions contained in those instruments which provide for subroga- If the land described in Schedule A consists of two or more parcels which tion rights by reason of this policy. are not used as a single site, and a loss is established affecting one or more 14. ARBITRATION. of the parcels but not all, the loss shall be computed and settled on a pro Unless prohibited by applicable law, either the Company or the insured rata basis as if the amount of insurance under this policy was divided pro may demand arbitration pursuant to the Title Insurance Arbitration Rules of rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless the American Arbitration Association, Arbitrable matters may include, but are not limited to, any controversy orclaim betweenthe Companyand the insured a liability or value has otherwise been agreed upon as to each parcel by the arising out of or relating to this policy, any service of the Company in connec- Companyand the insured atthe time of the issuance of this policy and shown tion with its issuance or the breach of a policy provision or other obligation. by an express statement or by an endorsement attached to this policy. All arbitrable matters when the Amount of Insurance is $1,000,000 or less 9. LIMITATION OF LIABILITY. shall be arbitrated at the option of either the Company or the insured. All (a) If the Company establishes the title, or removes the alleged defect, arbitrable matters when the Amount of Insurance is in excess of $1,000,000 lien orencumbrance, orcuresthelack of arightof access toor fromthe land, shall be arbitrated only when agreed to by both the Companyandthe insured. or cures the claim of unmarketability of title, all as insured, in a reasonably Arbitration pursuant to this policy and under the Rules in effect on the date diligent manner by any method, including litigation and the completion of the demand for arbitration is made or, at the option of the insured, the Rules any appeals therefrom, it shall have fully performed its obligations with respect in effect at Date of Policy shall be binding upon the parties. The award may to that matter and shall not be liable for any loss or damage caused thereby. include attorneys' fees only if the laws of the state in which the land is located (b) In the event of any litigation, including litigation by the Company or permit a court to award attorneys' fees to a prevailing party. Judgment upon with the Company's consent, the Company shall have no liability for loss or the award rendered by the Arbitrator(s) may be entered in any court having damage until there has been a final determination by a court of competent jurisdiction thereof. jurisdiction, and disposition of all appeals therefrom, adverse to the title as The law of the situs of the land shall apply to an arbitration under the insured. Title Insurance Arbitration Rules. (c) The Company shall not be liable for loss or.damage to any insured A copy of the Rules may be obtained from the Company upon request. for liability voluntarily assumed by the Insured in settling any claim or suit without 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRECONTRACT. the prior written consent of the Company. (a) This policy together with all endorsements, if any, attached hereto continued on remainder ot cover sneet AIA CONDITIONS AND STIPULATIONS ~ 1. DEFINITION OF TERMS. as insured, or to prevent'~duce loss or damage to the insured. The Com- The following terms when used in this policy mean: pany maytake any appropriate action undertheterms of this policy, whether (a) "insured": the insured named in Schedule A, and, subject to any or not it shall be liable hereunder, and shall not thereby concede liability or rightsordefensesthe Company would havehad againstthenamed insured, waive any provision of this policy. I f the Company shall exercjse its rights under those who succeed to the interest of the named insured by operation of law this paragraph, it shall do so diligently. as distinguished from purchase including, but not limited to, heirs, distributees, (c) Whenever the Company shall have brought an action or interposed devisees, survivors, personal representatives, next of kin, or corporate or a defense as required or permitted by the provisions of this policy, the Com- fiduciary successors. pany may pursueany litigation to final determination by acourt of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal (b) "insured claimant": an insured claiming loss or damage. from any adverse judgment or order. (c) "knowledge" or "known": actual knowledge, not constructive (d) In all cases wherethis policy permitsor requiresthe Company to pro- knowledge or notice which may be imputed to an insured by reason of the public records as defihed in this policy or any other records which impart secute or provide for the defense of any action or proceeding, the insured constructive notice of matters affect ng the land. shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Com- (d) ''land": the land described or referred to in Schedule A, and im- panyto use, at its option, the name of the insured for this purpose. Whenever provements affixed thereto which by law constitute real property. The term requested by the Company, the insured, at the Company's expense, shall "land'' does not include any property beyond the lines of the area described givethe Company all reasonableaid (i) in any action or proceeding, securing or referred to in Schedule A, nor any right, title, interest, estate or easement evidence, obtaining witnesses, prosecuting or defending the action or pro- inabutting streets, roads, avenues, alleys, lanes, waysor waterways, but nothing ceeding, or effecting settlement, and (ii) in any other lawful act which in the herein shall modify or limit the extent to which a right of access to and from opinion of the Company may be necessary or desirable to establish the title the land is insured by this policy. tothe estate or interestas insured. If the Company is prejudiced by the failure (e) "mortgage" mortgage, deed of trust, trust deed, or other security of the insured to furnish the required cooperation, the Company's obliga- instrument. tions to the insured under the policy shall terminate, including any liability (f) "public records": records established under state statutes at Date or obligation to defend, prosecute, or continue any litigation, with regard to of Policy for the purpose of imparting constructive notice of matters relating the matter or matters requiring such cooperation. to real propertyto purchasers for value and without knowledge. With respect 5. PROOF OF LOSS OR DAMAGE. to Section 1(a)(iv) of the Exclusions From Coverage, "public records" shall In addition to and after the notices required under Section 3 of these Con- also include environmental protection liens filed in the records of the clerk ditions and Stipulations have been provided the Company, a proof of loss of the Un.ited States district court for the district in which the land is located. or damage signed and sworn to by the insured claimant shall be furnished (g) "unmarketability of the title": an alleged or apparent matter affec- to the Company within 90 days after the insured claimant shall ascertain the ting thetitle tothe land, not excluded or excepted from coverage, which would facts giving rise to the loss or damage. The proof of loss or damage shall entitle a purchaser of the estate or interest described in Schedule A to be describe the defect in, or lien or encumbrance on the title, or other matter released from the obligation to purchase by virtue of a contractual condition insured against by this policy which constitutes the basis of loss or damage requiring the deiivery of marketable title. and shall state, to the extent possible, the basis of calculating the amount 2. CONTINUATIONOFINSURANCEAFTERCONVEYANCEOFTITLE. of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's The coverage of this policy shall continue in force as of Date of Policy obligationstothe insured underthe policyshall terminate, including anyliability in favor of an insured only so long as the insured retains an estate or interest or obligation to defend, prosecute, or continue any litigation, with regard to in the land, or holds an Indebtedness secured by a purcnase money mor. the matter or matters requiring such proof of loss or damage. tgage given by a purchaser from the insured, oronly so long asthe insured In addition, the insured claimant may reasonably be required to submit shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, atsuch reasonable continue in force in favor of any purchaser from the insured of either (i) an times and places as may be designated by any authorized representative estate or interest in the land, or (ii) an indebtedness secured by a purchase of the Company, all records, books, ledgers, checks, correspondence and money mortgage given to the insured. memoranda, whether bearing a date before or after Date of Policy, which 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANL reasonably pertaintothe loss or damage. Further, if requested by anyauthor- The insured shall notify the Company promptly in writing (i) in case of ized representative of the Company, the insured claimant shall grant its per- any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall mission, in writing, for any authorized representative of the Company to come to an insured hereunder of anyclaim of title or interest which is adverse examine, inspect and copy all records, books, ledgers, checks, cor- to the title to the estate or interest. as insured, and which might cause loss respondence and memorandain thecustody orcontrol of athird party, which or damage for which the Company may be liable by virtue of this policy, or reasonably pertain to the loss or damage. All information designated as con- (ili) if title to the estate or interest, as insured, is rejected as unmarketable. fidential by the insured claimant provided to the Company pursuant to this If prompt notice shall not be given to the Company, then as to the insured Section shall not be disclosed to others unless, in the reasonable judgment all liability of the Company shall terminate with regard to the matter or matters of the Company, it is necessary in the administration of the claim. Failure of for which prompt notice is required; provided, however, that failure to notify the insured claimant to submit for examination under oath, produce other the Company shall in no case prejudice the rights of any insured under this reasonably requested information or grant permission to secure reasonably policy unless the Company shall be prejudiced by the failure and then only necessary information from third parties as required in this paragraph shajl to the extent of the prejudice. terminate any liability of the Company under this policy as to that claim. 4. DEFENSEANDPROSECUTIONOFACTIONS; DUTYOFINSURED 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; CLAIMANT TO COOPERATE. TERMINATION OF LIABILITY. (a) Upon written request by the insured and subjectto the options con- In case of aclaim underthispolicy, the Companyshall havethe following tained in Section 6 of these Conditions and Stipulations, the Company, at additional options: its own cost and without unreasonable delay. shall provide for the defense (a) To Pay or Tender Payment of the Amount of Insurance. of an insured in litigation in which any third party asserts a claim adverse to Ib payortender payment of theamount of insurance under this policy the title or interest as nsured, but only as to those stated causes of action together with any costs, attorneys' fees and expenses incurred by the insured alleging a defect, lien or encumbrance or other matter insured against by claimant, which were authorized by the Company, up to the time of payment this policy. The Company shall have the right to select counsel of its choice or tender of payment and which the Company is obligated to pay. (subject to the right of the insured to object for reasonable cause) to repre- Upon the exercise by the Company of this option, all liability and obliga- sent the nsured as to those stated causes of action and shall not be liable tions to the insured underthis policy, otherthan to makethe payment required, for and will not pay the fees of any other counsel. The Company will not pay shall terminate, including any liability or obligation to defend, prosecute, or any fees, costs or expenses incurred by the insured in the defense of those continue any litigation, and the policy shall be surrendered to the Company causes of action which allege matters not insured against by this policy. for cancellation. (b) The Company shall have the right, at its own cost, to institute and (b) To Pay or Otherwise Settle With Parties Other than the Insured prosecute anyactionor proceeding orto do any otheract which in its opinion or With the Insured Claimant. may be necessary or desirable to establish the title to the estate or interest, (i) to pay or otherwise settle with other parties for or in the name e F 4 kwyer~itle Insumnce @poration NATIONAL HEADQUARTERS RICHMOND, VIRGINIA OWNER'S POLICY NUMBER 113 - 00 -456232 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title: 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF the Company has caused this policy to be signed and sealed, to be valid when Schedule A is countersjgned by an authorized officer or agent of the Company, all in accordance with its By-Laws. Ieltoeniitle Insurance @poration Attest: l,/ By. in UJ. *A *3 41 40 2. L.1~*, B. Secretary. U President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land: (ili) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or Ce) resulting inloss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this Policy ill I LII' KI I ' CI I ' CI I'KI I"I I' CI~' CII' ~IE~I~IE~â„¢!1!E!~EgEE*m~!I~!I~EI~!I~!I~~E~~E-,II~II~I' Policy 113/99 Litro in U.S.A. 035-0-113/99-0006 Cover Sheet ALTA O,vnees Pollcy (10-21-87) 0 0 OWNER' S POLICY SCHEDULE A arder No. 402130-0 Insurance Amount $ 255,000.00 Policy No. 113-00-456232 Pranium Analnt $ 833.00 Date of Fblicy: August 12, 1992 at 3:56 P.M. 1. Name of Insured: ROBERT L. ZUPANCIS 2. The estate ar interest in the land which is covered by the policy is: FEE SIMPLE 3. Title to the estate of interest in the land is vested in: REBERI' L. ZUPANCIS 4. ghe land referred to in this policy is located in the State of Colorado, County of Pitkin , and is described as follows: South one-half Lot Nine and all of Lots ten, eleven and twelve in Block three (Sl/2 Lot 9, all of Lots 10, 11 and 12 in Block 3) Williams Addition to the City and TOwnsite of Aspen, together with all inlprovements thereon. A Parcel of land situated in the NE 1/4, SW 1/4, Section 7, Township 10 South, Range 84 West City of Aspen, Colorado being more fully described as follows: Begirning at the SE Corner of Lot 12, Block 3, Williams Addition; thence South 40Â°33'07" West, 36.01 feet; thenoe South 83Â° 49'00" West, 43.64 feet; -therne 58.72 feet along the arc of a curve to the right having a radius of 245 feet; (Contirnied) Yrrt-In t n j. 0. 3 (_3i u-Â».4 .CÂ¢ C j Countersignature Authorized Officer or Agent This Policy is inval i d tnless the cover sÂ»pt and Schedule B are atix#al. ALTA Owner's Policy (10-21-87) IAWYERS TITLE INSURANCE OORFERATION ~AL DmaZIPTION (contim~ed) ~er No. 402130-0 Policy No. 113-00-456232 t:hence North 00Â° 40 ' 00" East, 32.82 feet to the SW oomer of said Lot 12; therâ€¢p. South 89Â° 20 '00" FA=t, 125.00 feet along the South boundary line of =aid Lot 12 to the Paint of Begiming. LAWYERS TITLE INSURANCE CORPORATION .. SCHEDULE B Order No. 402130 Policy No. 113-00-456232 PARI' I Thi q policy An.q not insure against loss or damage (and the Ccmpany will not pay costs, attorneys' fees or expenses) which arise by reason by: 1. Rights or claims of parties in possessicn not shagn by the public record. 2. Easements, or claims of easanents, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortages in area, encroactmmts, or arw other facts which a correct survey would disclose, and which are not shown by public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by 11*3 public record. 5. Unpatented mining claims; reservations or emieptions in patents or in Act authorizing the issuarne thereof; water rights, claims or title to water. 6. Any and all wipaid taices, assessments aril urn:edeaned tax sales. 7. Right of the Proprietor of a Vein or Lode to extract and ranove his are therefrom, strAild the same be found to penetrate or intersect the pranises hereby granted, as reserved in United States Patent recorded December 24, 1902, in Book 55 at Page 116. 8. Right of way far pipes and mains across Smuggler Ranch, as set farth in instrument rec=decl March 18, 1885, in Book 24 at Page 59. 9. Right of waY for pole lines and wires as set forth in instrunent recorded January 20, 1887, in Book 29 at Page 582. 10. Easement and right of way far snow storage purposes, as granted to Board of County Commissioners of Pitkin County by instrunent recorded November 2, 1984, in Book 476 at Page 182, said easenent bairg over the Southerly 5.00 feet of subject property. 11. Ordinance No. 52 (Series for 1988) recorded January 6, 1989, in Book 585 at Page 330. 12. Bcoachnent of wooden ferne onto adjoining property to the West as evirier,-ed by Improvement location Certificate by louis H. Buettner dated July 22, 1992. 13. Encroadmant of concrete slab onto adjoining property to the West as evideroed by Improvement IDcation Certificate by Louis H. Buettner dated july 22, 1992. C Contimled) ALTA Starxlard FblicÂ¥, Westem Region - Form No. 1402-C (Rev. 9/87 ) IAWYERS TITLE INSURANCE CORPORATION . .. E}OCEPTIONS (continued) Order No. 402130-0 Policy No. 113-00-456232 14. Encroachnent of flagstcne walk onto adjoining property to the West as evidenced by Irrpra,ement location Certificate by Louis H. Buettner dated July 22, 1992. 15. Deed of Trust fran Robert L. Zupancis to the Public Trustee of Pitkin County for the use of Plaza Mortgage, Inc., an Cregon corporation, to secure $186,000.00, dated August 3, 1992, and recorded August 12, 1992, in Book 686 at Page 33. IAWYERS TITLE INSURANCE OCRFatATION I ' - t ~ - 21; I h /1 " * + 4/1 â€¢i ... 4. ..vt?i)â€¢1*&.4,311"& - 1 4 Al-rACHMENT B - tft.:t; ic;?9Â¥Â¢m Â·-' / .. Â·,ir -21' :rwHEN RECORDED MAIL TO: #347665 08/12/92 15:55 R.c *30.00 BK 686 Pe 33 ~ ~* ~434 Silvia Davis, Pitkin Cnty Clirk, Doc *.00 .40':: '14 . I .... PLAZA MORTGAGE, INC. P.O. BOX 999 MEDFORD, OR. 97501 :.' i . â€¢Â·. , t' I 3.f.53 \44902 ./.:A.1.'Z -4 I '9 :Rpt* [Spic, AboN Thlm Une Fw Rmer#n, Data 10*Ch 6np*:. 05-11-9209-532 /04.19/4 DEED OF TRUST i 44291: 2,$&1111* â€¢ THIS DEED OF TRUST (-Security Instrument-) 11 mide on AUGUST 3, 1992 , amof:* the 'Â· kit j enter ROBERT L. ZUPANCIS, AN UNMARRIED MAN kU*t , f:/'t'fiE ("Borrower'), , ~ 1*fgA# 4 thâ€¢ Pubtic Trwle. 01 PITKIN County (-Trustee'), and the beiticlary, PLAZA MORTGAGE INC. I . ~ Â· 4 Â· AN OREGON CORP6RATION which G orginized ind existing unde thi laws ol OREGON .h- address i. p,0. BOX 999, MEDFORD, OR. 97501 . . 4 ,.1 Borro.â€¢r ove, Lender tb, principet Ium of . 1 ONE HUNDRED EIGHTY SIX THOUSAND AND NO/100--- r 4 112. 3- .' L 2~4.w-),.&~ p,12 2,21%62;:2:tit~'thkW~~fil,~t:i~~IC, d- ~~d kpBN'Z .. 4, SEPTEMBER 1. 2012 . Thu Security In,trument -cure, to Lender: (a) the replyment 01 thi dibl ' 1 407*.V. .idenced by the Note, with intere,t, and *11 reneâ€¢,â€¢b, ittenâ€¢imas and modification* of thâ€¢ Note; (b) thi paym,at of 11] other Iu-, with Inter-1, advanced under paragraph 7 to prolact the oecority el thil Security In,trument; and (c) thi ' ' 11+40# performance ol Borrower': coverants and *greement, und,r thls Security Ir:trument and the Nole. For thil purpo-, 4 1':AN Borrowâ€¢r, in consideral;on 01 the debt and thi trust heroin created, irmocably grants and conmy, te Trosteo, in fruit, #Ir ' f~.~~~1 with power 01 gle, the following deâ€¢cribed property located in p I TK I N - .r' :1, ~. County, Colorado: -7. 474....7 -Cat--t LOTS 10, 11, 12 AND THE S 1/2 OF LOT 9, 2. e 1-'.7.nf Â£79 BLOCK 3, .. WILLIAMS ADDITION TO THE CITY AND TOWNSITE OF ASPEN, lk. - 34. more fully described in the Exhibit A legal description attached hereto . 7 and made a part hereof. .U,-4 A . fait & . '4 , i , , * ir,tr t Â· which h. th. add- 01 510 WALNUT STREET, ASPEN. (Str-1 (aty) P. 1 .2 . Colorado 81511 (-Property Addrm"): (Zlp Codi . 9 -3-* TOGETHER WITH .11 the improvements now or her#fter ertted on the property, and 011 08-mento, appurtenances, ind 11*tures now or hereafter a pirt of the property. All repheements and addition, *hall al,0 be covered . l/. by tht, Security Instrument. All 01 the foregoing k referred to in this Security In,trument u Ihe "Properly.- BORROWER COVENANTS that Borrower & lawfully -i.d of thi Itite hiriby conviyed ind hu thi right to \~ ..~:, grant and con-y thi Property and that thi Property & unencumbered, except for Incumbrine- 01 rleord. Borro-r , warrants and wilt delend generally the title to the Properly igainit all claimi and demandi, subject lo iny encumbrince, 01 record. THIS SECURITY INSTRUMENT combines uniform covenant: tor national use and non-uniform covenanli with limited variationâ€¢ by jurddiction to conititute & uniform â€¢ecurily in,trument covering real properly. 4 1 UNIFORM COVENANTS. Borrow- and Lender covenint and agree - follow,; ~ 1. Payment ol Princ,pal and Int,r.t: Prepayment and Late Char:.. Borrover *hall promptly pay whin due f, , the principal 01 ind int,ret on Iho debt evidenced by thâ€¢ Note ind any prepayment and late charges due under the Note. C[lORADO - s..19 Fâ€¢mily ,- 1 . 5 Ferm 3006 1-11 , F.Mi M./Freddie Mac INIFORM INSTRUMENT (4-10 1-12161-41 b . 2. 1 *tifi . f 7,4. 2 â‚¬.201 44.41 L, -' , Â· 1.4,-Â· 1Â· 26 Â· â€¢ ..S. 0347665 08/12/92 15:55 Rec *30.00 BK 686 PG 34 Silvia Davis, Pitkin Cnty Clerk, Doc 0.00 I ~*.2 0 ' 22.:â€¢A 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall ~ 42,4,4/ pay to Lender on the day monthly payments are duo under the Noto, until the Note & paid in lul!, a lum ("Funds") for: (a) , .. .tz , .../ yearly taxes and asses:ments which may attain priority over th: Security Instrument u a Men on the Property: (b) .. yearly leasehold payment: or ground rents on the Property, it any; (c) yearly hazard or property insurance prem; uns; (d) p-t. ~LI yearly flood iwurince premium, U any; (â€¢) yearly mortgage ingurance premium:, il any; and (1) any mmi payable by a.:ed i 1 Borrower to Lender, in accordance with the provisions o! parigraph 1, in lieu of thi payment of mortgage insurance .... premiums. These items are calted -Escrow Iteme Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount â€¢ tender for a lederally related mortgage loan may require 11 Borrower'i escrow accour.t under tho lederal Reil Estate Settlement Procedure* Act ol ;974 u imended trom time to time, 12 US.C. 1 2601 et -q. .:4 f)34' I k ("RESPA-), untess another law that apptiu to the Funds -ts a le:lor amount. 11 00, Lender may,at any time, collect and . hold Funds in an amount not to exceed thi lesser amount. Lender may estimite the amount ol Funds due on the buis ot 4.:AÂ¥,Â· . Â·fF f. Â· current dita and reasonable estimate: 01 expenditures ol future bcrow ttemi or other,Ase in accordance with applicable t;.95,2.- 9* Thi Fund, shall be held in in instilution whose deposits are iniured by i leder,1 agency, iutrumentatity, or entity f<:..1, (including Lender, if Lender : such an institution) or in any Federal Home Loan Bank, Lender shall apply the Funds to pay the Eâ€¢crow Itemi. Lender may not charge Borrower lor holding ind applying the Fundo, annually anilyz,ng the 1.2 t..t../ -crow account, or verifying thi Escrow Itemo, unle- Lender pay, Borrower interest on the Funds Ind ipplicable law . , permits Linder to make mich a charge. However, Lender may require Borrower to pay a one-time charge for an r independent ret! estatâ€¢ tax reporting service used by Lender in connection with this loan, unless applicable law provides / . * 44 -1 otherwi,e. Unle- an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay . Borrower any intereet or earnings on the Funds. Borrower ind Lender may agree in writing, however, that interest shall be :344 9 paid on the Funds. Lender shall give to Borrower, without charge, in annual accounting 01 the Funds, showing credits and 11 .Ai 5,4 09 , debit, to the Funds and the purpose lor which each debit to the Funds was mide. The Funds are pledÂ£ed u additional . Di 90Â¢Â· q . 4 74*t. -curity for all rums secured by thii Security Instrument. . .. â€ž9 f'TA.- It the Funds held by Lender exceed thâ€¢ â€¢mounts permitted to be held by applicable law, Lender shall mccount to 4-1 '1 42,7 /Â· Borrower for the exces, Funds in â€¢ccordance with the requiriments of ipplicâ€¢ble law. 11 the amount of the Funds held by Linder al any time & not sulticient to pay thi Escrow Itemâ€¢ when due, Lander may m notity Borrower in writing, and, in Â¢ ouch cm Borrower shall pay 10 Linder thâ€¢ amount necessary to miki up the diliciency. Borrower shall make up the F52= A deliciency in no more than twelve monthly paymenti, at Linder'i mle di,cretion. Upon payment in full ol â€¢11 '~rns mured by this Security In,trument, Lender :hall promptly refund to Borrower any ' Fundi hild by Lander. If, under paragraph 21, Lender shâ€¢lt acquire or *011 thi Property, Lender, prior to the acqui,ition or 722.4 1 AS -1. 01 thi property, shall apply any Fundâ€¢ held by Lender it the time 01 acquisition or nte u a credit 4.ing' the -mo -cured by this Security Instrument. .U- -.t>r .U . -1 3. Application ol Payments. Unless applkable law provides otherwile, all payments received by Lender under D-'L 1 3 paragraphi 1 and 2 shall be applied: first, to any prepayment charge, due under the Note; ncond, to amounti payable under - paragriph 2, third, to interest due; lourth, to principal due; and lut, to iny late charges due under thi Note. 4. Charges; Liens. Borrower :hall pay all taxes, assessments, charges, Ime, and impositions attributable to the I '11;y Property which may attain priority over thi: Security Instrument, and leasehold paymenti or ground rents, if any. â€ž i. Borrowir shall pay the- obligations in thi manner provided in parigraph 2, or it not paid in that manner, Borrower shall ... ...1 pay them on time directly to the person owed payment. Borrower shall promptly turnish to Lender .11 notices 01 amounts f ./ I tab. to be paid unde, this parigraph. 11 Borrower make, these payments directly, Borrower :hall promptly furnish to Lender : r :-r ''t ' j receipts evidencing the payments. :,Â·,4 '-2 '.ri .1 E Â·43.' 1 Borrower shall promptly discharge any Men which h. priority over thi, Security Instrument untess Borrower: (a) 1 -'.7, ;1 agrees in writing to thi payment of the obligation secured by thi lien in n manner acceptable to Lender; (b) contests in - . good faith the lien by, or defends against enforcement of thi lien in, legal proceedings which in the Lender 'i opinion operate I ' 91 2 '01 to prevent the inforcoment ol thi lien; or (c) secures from thi holder of the lien in agreement satisfactory to Lender ~ . mbordinating the lien to thiâ€¢ Security Instrument. It Lender determine, that iny part of thi Property k .ubject to i lion 2.AÂ»- . which may attain priority over thiâ€¢ Security Instrument, Lender may give Borrower a notice identifying thi lien. Borrower ihall ntisfy the lien or take one or more 01 the action, Iet forth above within 10 days of thi giving of notice. , $5 11. * 9 5. Hazard or Proporty Insurance. Borrowâ€¢r shall k-p the improvement, nowetioting or her-!ler erected on the .4 Properly insured against loss by fire, hazardâ€¢ included within the term "extended coverage" ind any other hazards, , including floods or Ilooding, for which Lender requires insurance. This insurance shall be mintained in the amounts and lor '* *21 the periods thâ€¢t Lender requires. Thi insurance carr;er providing the insurince shall be chosen by Borrower mb)ect to â€ž4 Ender'i â€¢pproval which shall not be unrâ€¢â€¢Ionably withhold. 11 Borrower lail, to maintain covorig, de,cribed above, .,2..r l,nd,r may, at Lender'* option, obtain coverage to protect Lender'/ rights in the Property In accordance with paragraph 7. fi All insurance policies and renewalâ€¢ shall be acceptable to Lender ind shall inctude i standard mortgage clause. Lender :hal! hive the right to hold the policie, and renewals. It Lender requires, Borrower shall promptly give to Lender atl 4 jz h receipti 01 paid premiums ind reniwit notices. In the event of ton, Borrower ihill give prompt notice to the insurance Â¢ I carrier and Lender. Lender may make proot 01 loss il not made promptly by Borrower. 1~# Unless Lender and Borrower otherw~se agree in writing, insurence proceeds shall be applied to restoration or repair 01 L =14 th. Property dimaged, il the restoration or repair 9 econornically leasible and Lender'* seeurity & not lesiened. It thi restoration or repair U not economically feuibte or Lender'* security would be lessened, the insurance proceeds ihall be applied to thi rums -cured by thi, Security Instrument, whether or not then due, with any exce= paid to Borrower. It â€¢ Borrower abandons the Properly, or doe, not anower within 30 days a notic, trom Lender that the inourance carrier hal offered to -ttle e claim, thon Lender may collect the inâ€¢urance proc-ds. Lender may u- thi proc-dit to repair or re,tore ... .2 7 the Property or to pay Iums -cured by thil Security Instrument, whether or not then duo. The JO-day period wit! begin when the notice is given. Unles, Lender ind Borrower otherwile â€¢gree in writing, iny application ol proceed, to principal *hall not extend w 2 41.3 poitpon, the due dite of the monthly payments referred to in paragraphs 1 ind 2 or ching, the amount of the payments. 11 17.' .. . under paragriph 21 the Property M acquired by Lender, Borrower': right to any in,urince policie, ind proceeds re,ulting trom damage to the Property prior to thi acquilition ihill pm to Lender to the extent ol the surns secured by this Security Instrument immediately prior to thi acquil~tion. 6. Occupancy, Preservalion, Maintenance and Protection ol the Property: Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower'i principal residence within sixty days \ alter the execution 01 this Security Instrument and shall continue to occupy the Properly as Borrower's principal residence Â£ for mt leut one year atter the date ol occupancy, untess Lender otherwW â€¢grees in writing, which consent shall not bo unreasonably withheld, or unless extenuating circumitances â€¢*ist which â€¢re boyond Borrower'i control. Borrower .hall not r destroy, damage or impair thi Property, allow th. Property to det#lorate, or commit wute on the Property, Borrower , shall be in delault i! any forfeiture action or proceeding, whether civil or criminal, 0 begun that in Lender': good taith it COLORADO - sIngle family - 2.1 5 form 1001 141 ' F-le MI/Fraddle Mx INIFORM INSTRUMENT (4-12) 1-12111-42 d illâ€¢ -. 4.~ ;14 f '4 r. ':â€¢, P.V' 9 .. i . 1*.1 .. .. 3/.*f#?PHI: I ' :08.t I ~ i~fA4~sui~p#~-"* '~- ~ -:rtdl,16519NtjVn=~~~~ 7 I -6 97.....p 0347665 08/12/92 15:55 Rec $30.00 BK 686 PG 35 -1 (Zils Silvia Davis, Pitkin Cnty Clerk, Doc $.00 ...2- ** d - ),dgment could result in lortoiture ol the Property or otherwise mater:tty Impair the lien created by this Security ' ..,4 -1 Instrument or Lender'i lecurity interest. Borrower may cure ouch adelaull and rein,late, as provided in paragraph 18, by causing the action or proceeding to b, dismi-ed with a ruling thal, in Lander'i good faith determination, prectudes . 14 . forfeiture 01 the Borrower'â€¢ interest in the Property or other material impairment 01 the lien created by this Security ...:...7 Instrument or Lendi'* Iecurity inter-1. Borrower *hall *60 be in default i! Borrower, during thi loan application proce-, gave materially lalsâ€¢ or inaccurate information or italement, to Lender (or failed to provide Lender with any material informillon) in connection with thi loan evidenced by the Note, including, but not limited to, representations :*.i . ". 4- 5 : f concerning Borrower'â€¢ occupancy 01 thâ€¢ Property M a principal r.idence. It this Security Instrument is on a leasehold, 2â€¢-Â·2~ â€¢Â· Â«~ A.1.. Borrower shall comply with :11 thi provision: 01 th, le-. It Borrower acquires fee title to the Property, the leasehold and the lee title shall not merge uale. Lender agrees to thi merger in writing. Elf'A' 1 , 7. Protection ol Lander': Rights in the Property. 11 Borrower laits to perform the coverants and agreement, . t.:. . .> I- '1 . .. contained in thi: Security Instrument, or there & i legal proceeding that may ligniticantly allect Lender'i right, in the iÂ·;Â¥'.Â« '1.2 Property (,uch u a proceeding in bankruptcy, probate, lor condemnation or forfeiture or to enforce taws or regulations), then knder may do and pay lor whatever G necesnry to protect the value of the Property and Lender's rights in the :112 ~ Property. Lender'* actions may include paying any rums secured by a lien which has priority over this Security Instrument, appearing in court, paying rialonable attorneys' 1- and entering on the Properly to make repairs. Although : al,rÂ·.1, 6 Lender may tiki action under this paragraph 7, Lender does not have to do m Any amounts disbursed by Lender under this paragraph 7 â€¢hall become additional debt o! Borrower secured by this Security In:trument. Unless Borrower and Lender agree to other termâ€¢ 01 payment, these amounts shall bear interest - 1 Ligw. trom the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lander to Borrower .4 .let' reque:(ing payment. 12Â·lit 329t?,k- 8. Mortgage Insurance. It Lender r,quired mortgage in-trance u a condition ol making the loan ncured by thio h' Socurity Instrument, Borrower shall pay the premiums required to maintain the mortgicâ€¢ inmrance in effect. 11, for any 1.aion, thi mortgage in,urince coveragâ€¢ required by Lender lapleâ€¢ or cens- to be in ellect, Borrower shall pay thâ€¢ premiumi required to obtain toring, subetantially equivalent to tbâ€¢ mortgage iniurance previously in ellect, ata cost . *~09 ., ~ ~ob'12'*LlobA.Z.% ~ir,49 ti,~C3'!,LrCUur,~0~o~~~Yra~'1 t[~S'.~22 ~ , Â·:.1,; 4 1 91: r J shall pay to Lâ€¢rder each month a rum equal to one-twillth 01 the yearly mortgage iniurince premium being paid by , ' ./.,# Borrower when the iniurance coverage lipled or ceased lo be in oftect. Lender will accept, usi ind ritain thesâ€¢ paymenti 4 a to, reserve in lieu 01 mortgage insurance. Lm relerve payments may no longer be requird, at th, option 01 Lender, il nortgage in,urince coverage (in the amount and for the period that Lender requirel) provided by an ir,urer approved by Lender again becomes avaitable ind ts obtained. Borrower shall pay the premiums required to maintain mortgage 2.9,4 41, inrurance in ellect, or to provide a loss r-rve, until the requirement for mortgage ingurance ends in accordance with any 1 - 44 written agreement between Borrower ind Lender or applicable law. t.' 9. Inspection. Lender or its agent may miki rouonable entries upon and inspection: 01 the Property. kinder . . shall give Borrower notice at the time of or prior to an inspection :pecitying reasonable cause tor the inspection. IG. Condernnation. The proceed, 01 iny award or claim lor damageâ€¢, direct or con-quential, in connoction with any condemnation or other taking of any part ol the Properly, or for con.yance in lieu 01 condimnation, ar. hereby uligned and shall be paid to Lender. In the event ot a total taking ol the Property, the procied: shall be applied to the iums mecured by thil Security / I' ./ Instrument, whether or not then due, with any exce- paid to Borrower. in the ovent o[ a partial taking 01 the Property in - ejÂ·r"r which the lair market value ol the Properly immediately bstore the taking i: equal to or greater than the imount ot thi mmi secured by thil Security instrument immediately bolore thi taking, untess Borrower and Lender otherwise agree in . writing, the surnâ€¢ Iecured by this Security Instrument .hall b. reduced by thi amount 01 the proceeds multiplied by thi following friction: (a) the total amount 01 the surn, secured immediately before thi taking, divided by (b) the lair market value ol the Property immediately before the taking. Any balance shall be paid to Borrower. In the event 01 a partial n t.king 01 the Properly in which thi fair market value of the Properly immediatety before the taking M less than the amount of the turns secured immediately before the taking, unless Borrower and Lender otnerwise agree in writing or ft.. unle= applicable law otherwise provides, the proceeds shall be applied to the ourns secured by this Security Instrument . whether or not the sums are then due, Whe k If the Properly is abandoned by Borrower, or it, after notice by Lender to Borrower that thi condemnor offers to --'21, 2.El 1 * 37 ' miki in award or settle a claim for damages, Borrower fails to respond to Lender within 30 day. alter the date the notice 1â‚¬Â«,3 : given, Lender : authorized to collect and apply the proceed., at its option, i;ther to r.toration or repair 01 thi Property or to the rums -cured by this Socurity Instrument, whether or not then due. Unt- Lender and Borrowir otherwi- â€¢gr- in writing, any application ol proc-di to principal shatt not extind or poitpone the due date 01 the monthly payment, reterrâ€¢d to in paragraphi 1 and 2 or change th, amount of such pak ments. f, i ; 11 1. 11. Borrower Not Released; Forbearance By Linder Not a Waiver. Extension ol the time for payment of modilication of amortization of thi lumi â€¢ecured by this Security Instrument granted by Lender to any successor in int..1 01 Borrower shall not oper,te to rele. thi liability of thi original Borrower or Borrower'i Iuccessors in interest. Lender shall not be required to commence proceedingâ€¢ against any mcces,or in interest or refuse to extend time 2 for payment or other,vise modify imortization 01 th, sums lecured by this Security instrument by resson ol any demand -;~1Â· i 4- mid, by the original Borrower or Borrower'* successorâ€¢ in intereit. Any torbeannce by Ender in izercising any right 1 - 02 or remedy ihill not be a waiver of or preclude thi exerci- of any right or remidy. ; 12. Soccessors and Assigns Bound; Joint and Several Liability; Co-signin. The covenant: ind agreement, of ..h 3 ' *144-,-1 this Security Instrument shill bind and benefit the Iucces,ors and -igns 01 1.,nder ind Borrower, subject to the Lif, 5 ... provisions of paragraph 17. Borrower'* covenantâ€¢ and igreement: *hal! be joint and .overal Any Borrower who coligno thi, Security Instrument but doel not necute thâ€¢ Note: (a) b coligning this S,curity In,trument only lo mortgage, gnot 1.---i -"1 7 - - . and convey that Borrower'i inter.1 In the Properly under the torm, of this Security Instrument: (b) 11 not per,onally 'f'. '... obligal,d to pay tho mmo .cur,d by thi, Security Initrum#t; ind (c) air-1 that 1-der and any other Borro-r may agree to eitâ€¢nd, modity, torboar w miki any accommodition, with regâ€¢rd to the tormi 01 thi~ Security Initrument or thi Note without that Borrower, con-nt. 13. Loan Charges. 11 thi loan :ecured by this Security Initrume'll i, rubiect to a law which sets miximum loan , i charges, ind â€¢481 law u finally interpreted m thal the interest or other !,in charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such Lan charge shall be reduced by the amount ' nece=ary to red,Â·ce the charge to the permitted limit; and (b) any sumi alre,dy collected trom Borrower which exceeded , .. permitted limits will be refunded to Borrower. Lender may choole to mike this refund by reducing thi principal owed .. 1:2 under the Note or by making m direct payment to Borrower. 11 a rolund reduces principal, the reduct~on witt be treated u , i partial prepayment without any prepayment charge under thi Note. re. 1 / '-Â·9212 COLORADO - singlâ€¢ Family h. 1 .f 5 F,m 3006 1.$1 *-4-7 *,1 Fme M-/Freddle Mac INIFORM UNSTRMENT (4-12} T.12111.41 gk. . 3> , .. 2 I. . L . irrd,T,192Jv#15Wf~1;~7&1~~.Maap.~ I r 0347665 08/12/92 15:55 Rec $30.00 BK 606 PG 36 Nb> V . Silvia Davii, Pitkin Cnty Clerk, Doc $.00 047 m .. 9 . 11Â» ' 14. Notices. Any notki to Borrower provided for in thil Security Instrument *hall be given by detivering it or ' 1;6 Â¥ -0 by mailing il by first cla- mail untesâ€¢ applicable law r,quire, u- 01 another mithod, The notice shall be directei to 1" ...006> Â· ~ thi Properly Addron or any olher addrm Borrowir de,ignate: by nolic, to Lander. Any notice 10 Lander shall 4 Â»13Â·9 -~1 Â·Â· ? ~: *iven by first class mail to Lender'i address *tated herein or any other addiess Lender designates by notice to ' 1 Borrower. Any notic, pro,ided tor in th, Security Inâ€¢trument shall N deemed to have been given 10 Borrower or ~ .4â€¢: L,oder when given . provided in this paragraph. Â¢'.. 4. 1 ,7- 15. Governing Law; Swerability. This Security In,trument shall bi governed by federal law and the law 01 49'*'.~11 . the ~ri,diction in which the Properly & located. In thi ivent that any provision or clause of Ihi, Security Instrument . or thi Note contlicti with ipplicable law, iuch conflict *hall not affect other provisions ot this Security Instrument or 9. â€¢' A ~. 21% 1 the Note which can bi given ellect without the con licting provilion. To this end thi provisions of this Security 4 ... Â¢141Â·5.1 lutrumist ind the Nole ar, dectired to bi .verible. 8*V -t' 16. Borrower'* Copy. Borrower ghâ€¢11 be given on, confirmed copy ot the Not. and of this Security Instrument. 1.44). 17. Transfer of fhe Property or â€¢ Bâ€¢nâ€¢licial Intâ€¢rul in Borrowâ€¢r. 11 ill or any part Â©1 the Properly of My inter-t in it il *old or transterred (or it a beniticial interest in Borrower & sold or transferred and Borrower : >*41 1 mot a natural perm) without Lender'/ prior written consent, Lender may, it its option, require immediate payment in 6 prohibited by federal law u of the date ol this Security Instrument. .Er full of ill rum, mured by this Security Instrument. Howiver, this option shall not be exercised by Lender 91 exercise 11 Lender exerci- th: option, Lender shâ€¢91 give Borrower nolic. of acceleration. The natice shall provide â€¢ ~ -iff~ li 4914: period ot not less than 30 days Irom the date the notice & delivered or mailed within which Borrower must pay all '*4*J rum: mured by this Security Instrument. 11 Borrower laits to pay these rum: pr;or to the expiratici o[ this period, Af"-r' Lend. may invoki any rimedu permitted by this Security Instrument without lurther notice or demand on Borrow., 18. Borrower': Right lo Reinâ€¢falâ€¢. If Borrower meets certain conditioni, Borrower ihal! h.ve the rigIii b h.ve (949 mforcement 01 thi, Security In:trument di,continued at any time prior to the earlier of: (a) S days (or such other - period u applicable law may specily tor r,instatiment) before nle of thi Property pursuant to any power 01 ali 42'462,9 Le contained in thi, Security lastrument; or (b) entry ol i judgment enforcing this Security InstruMent, Those conditions itr, ... 1 7 -1 . arâ€¢ that Borrower: (a) pay: Lender all zurns which then would be due under thi, Security Instrument and the Notâ€¢ as - It no accolerilion had occurred: (b) cum iny default ot any other covenanÂ¢i or agr-ments: (c> pay. all ~rpente, .,~ â‚¬ Incurred in enforcing this Security Instrument, including, but not limited to, remnable attorn,yi' tees; ind (d) take, .V . 2. Ach iction u Lender may rea,onably require to â€¢mre thit the lien 01 this Security Instrument, Lender's rights in ' ~ the Properly and Borrower'i obligal'on to pay the Iums secured by this Security Instrument ihill continue unchanged. , ~ Vi' Upon râ€¢instatement by Borrow,r, this Security Instrument and the obligations -cured hereby shall remain fully .Recti. .if no accoler.lion had occurrod. Ho-ver, thi, right to râ€¢instal, ihall nol apply in ihe ca- 0/ accateration under rancraph 17. 19. Sate ot Note; Change 01 Loan Servicâ€¢r. The Note or i partial interest In the Note (together with thil ~ j ,~ S,curily Instrument) may b, sold on. or morâ€¢ times without prior notice to Borrower. A nle may result in i change ''2 lyÂ¢ In th. inlity (known u the -Loon Servicer-) that collects monthly payments due under the Note and thi, Security f. . ~1 In,trument. Ther, alm may bi oni or morâ€¢ chang- of Ihi Loan Serricer unrelated M a #14 01 thi Nota. 11 ther, i, a fL -f iâ€¢ifYÂ·: change of thi Loan Servicer, Borrower will bi given written noticâ€¢ 01 the change in accordance with paragraph 14 .27* 2 above Ind applicable law. The notice will state the name and addr- of the new Loan Servicer and the addr- 10 1 1,El g <1 which payment, should be made. The notice will also contain any other information required by applicable law. .1 1 111, 20. Hazardous Substances. Borrower shall not cause or permit the pre,ence, use, disposal, itorage, or release of j b ~T~ iny Hazardous Sub,tance, on or in thâ€¢ Properly. Borrower :hall not do, nor allow anyone else to do, anything , ; 91,~ 1, allecting th/ Property that D in violation ol any Environmental Law. The preceding two sentences shill not apply to .... th, preâ€¢ence, u-, or storag, on the Property of imall quantitie, el Hazordous Subelances that arâ€¢ generally recognized t,0,;-f fal ./ to 6 appropriate to normal residential useâ€¢ and to maintenance ot thi Property. -:i.r),1.Â· - Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawnit or other action ' ~ :,-- F~ by any tovernmental or rfulatory agency or private party involving thi Property ind iny Hizardou, Substance or En,ironmental Law 01 which Borrower hu actual knowledge. It Borrower learns, or O notified by any governmental or 2111 # F regul,tory authority, that any removal or other rimediation of any Hazardou, Subotince the Properly B Iffecting wcomry, Borrower shall promptly take *11 nece=ry remedial actions in accordance with Environmental Law. . 4 =ed in this pangraph 20, -Hazardous Sub,tance,- ari tho- subltanceâ€¢ defined u toxic or hazardous 44Â¢r ' mbilinc- by Envirormâ€¢nlal Law and thi lollowing nub,lanceâ€¢: guorine, kero,eni, other flimmiblo or toxic petroleum Â»0>Y .: 4 products, toxic pesticides and herbicideâ€¢, volatite solvents, materials containing ubestos or tormaldehyde, and ndioective materials. Al uled in thu paragraph 20,-Environmental Law~ mean, fede:al laws and laws ot the =r.- 4.1. i 9:rti . jurisdiction where the Properly 11 located thst nlate to health, nlity or environmental proteellon. -=8 1 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and mgree - follows: 21. Acceleration; Rem,dies. Linder Ehall :ive notice to Borrower prior to acceleration following 1 6 2.. A â€¢ Borrower'I breach of â€¢ny coronant or agr-ment in Ihi, Security Instrument (but not prior to accoloration mndit paragraph 17 untess applicable law providn otherwile). The notic, shall Epicily: (a) the delault: (b) the action required lo e=re th, delault; (c) a date, not 1,11 thin 30 dayi from thi date th, notic, im :ivia 10 Borrowu, by which th, default mut bi cured; and (d) thal failure to curâ€¢ tho dâ€¢tâ€¢â€¢lt on or before the dati :picified in the notici may result in accoleration of the ums -cired by this Socurity In,trument /4,â€¢n ., and Bale of th, propirly. The notic, :hall further Inform Borrower ol thi right le rein,lil, atte, acceleration and the right le a=â€¢rl in the loreclosur, proceeding th, non-existincâ€¢ of a default * iny othir ditin. of Borrower to accâ€¢terâ€¢lion and =le. 11 the default 11 not câ€¢red â€¢n or bolorâ€¢ thâ€¢ date Â¢ specift-[ In the nolice, Lender al Ifs opiton may req,ire Immodlat, psyment In tell of all mmi *cor,d by 4. A 10,2. 1 thiâ€¢ Security Inâ€¢trnment without turther demand and may invoke thi power of Hle and any other N-5 411 romodies pormitted by applicâ€¢blâ€¢ law. Lender shall bâ€¢ entitled to collect all upin-â€¢ Incurred In pur=Ing 4 ,}31/, r 4, r /1.... Ihe remodi- proilded In ihI, paragraph 21, Inctuding, bil not limil-1 10, riwonabli allor,-ys' to- and 'rk . ..Â· Colt, Of lilli 'Â¥lden-. 11 Linder InÂ¥01- th, power â€¢1 *â€¢le, Lindor :hall :Ive written notic, 1, Tr.teâ€¢ of thâ€¢ occurrence el an event 01 defantl and of knder'â€¢ election to ciase the Property to be sold. Lender shall mail a copy of r , the notic. to Borrower H provided in paragraph 14. Truste. shâ€¢11 record a copy ol the notic, in thi county ~ in whtch the Property h tocated. Truste, mhall publish a notice 01 male lor thâ€¢ lime and in the manner provided by applicable law and shall mail copii 01 thi nolice ol ute In the manner proseribid by i applicable law to Borrower and to other perion: prescrib,d by applicable law. Aft. the time required by applicable law, Trustei, without demand on Borrower, mhall -11 tho Property al pablic aection lo thi ~ . COLORADO - $41, hmtly 4 4 0 5 Ferm 3001 141 t. Fin, Mm/Fr-Ie Mac LNIFORM DISTRUMENT (4-10 T-12111-44 ~tÂ·.Â·, ..,~ .* Â·-u 5~k~6~.r. t,<0~2,46<71#Â·~, 492' 1 Â¢r . 14.- .3.: I .. .1 '' i .. . 6'. - 4 r ; 0.- i''AL*Â£91'JI t.% . 0 4 ,.~ 0347665 08/12/92 15:55 R.c â€¢30.00 BK 6116 PG 37*f i L: 5 *,ail,1~~ 4 ,;:~Â£*i':r~:(Silvia Davis, Pitkin Cnty Clerk, Doti.LE---1-2-le'*;*0*?*22Â¥-Aznt 1 2. 9â‚¬72 fi. R.9. 9#2â€¢*1, 5 - ' T,7 2. t 16 hist blddir for cuh st the time and place and Mder the torrns dest:nated in the notice 01 -1, in one or .1Â¥D. ~ ihon parcill and in any order Trustio ditermines. Trute, may postpone :ale 01 any parcel 01 the Properly Â«;,44-: < by pebtic annincement at the (ime and placi 01 any preilmisly -hodeled =10. Lender or its dul:n- may 42, . p=chi- the Property al any sale. ;Truste, shall deliver to the Brchaser Trost.'s certilicate describing the Property and the tim. the . r : Vid== Im be entit!,4 10 Trm:~,i dleed. Thi recital: In the Trut-'s deed :hall bi prima lacie evid,ne, r, Â·~i d the trith of the statements made therein. Trut- shall apply the proc-ds el the gate in the following 6,der: (a) t. .11 ...... el the -le, Including, ht not limited to, realonable Trul 00'2 and attorneys' fies; ' 1 (b) te all -me lecired hy tht, Socirity ln,tr,ment; and (c) any excou te the ponon or ponons legally ~ 4611/3/flatttled lott. 4~E;M~* 2; 22. 1.1..... Upon payment ot 111 *um, Iecur,d by thil Security In,trument, I.*nder shall requ,t that Trustee - A - =b;tz=I==lp=ity== =inot=illa. =y.M C..M ~ ze.,vaer Poy wy "cordiation c.8 and the .tatutory Trustee'i leâ€ž. i*1~ 23. Waiver 01 Homitead. Borrow,r waives all right 01 homestead eximption in the Property. . 3*~ 24. Rlders t. thls Sicirity Initrâ€¢ment. 11 one or mor, riders are executed by Borrower ind recorded together 4Â¢*2Ek â€¢ith thl, Socurity In:trument, thi covenants and agreements ol each Euch rider shall be incorporated into and shall amend 318~t~.d .upple-nt thi covenant, and *gr-mect* of thil Security lutrument u it the ruds) wer, a pert 01 thi, Socurity -+Â·aus.. Inâ€¢trument. [Check applicable box.,(es)] . ME~F:*'49 -Ad]=table Rate Rider ~Condominlum Rider -b - []1.4 Family Rider 147.2.-4,4 -:A - ' A,0 ./ -t/ Oraduated Payment Rldâ€¢f Planned Unit DeÂ¥â€¢topment Rid,r Fl Blweekly Payment RWer ft32*f*(,~'- ~ Balloon Rider Rate Improvement Rider El Second Home Rid. Oth.(.) [.pecity] .. Â·44.Â¢,}-1- 0â€¢Â· BY SIGNING BELOW. Borrower =eptâ€¢ ind â€¢Er- 10 11,0 termi and covenante contalned la thlo Security ..3, 4 :f<949 1-trument and 1. .y rider(.) ..cuted by Borrow ..d r-rded with lt. . :. ~ ~ ~~ ~-~{R ~ ~ '3FicaÂ®4 ~. ..,~,4 ,,. iÂ·Â·4 .., . r ,;%,2.1'y-I/-rÂ·?'Â·.5-1Â·-Â·-~Â·-3 ~,-; .tb# ' , . I:..J'~; r ROBaRT L..llIPANCFS,/ . '. ~Ber.... Â·*,tr* 2 ..4 r. ./ Ii. - f'.I :' ' ,- ...... 9+ . 1 (Sell) ':./ 1.2 tÂ· - I.:..... (Sed B.frow,r . r /6 300Â¢*11 ~2. 4., ' .Borrower A ~N/1 7.2,;.- 7 C 'epace Below Thli Une Fit Acknâ€¢wlidgement) M~EC Ec at ~~ 2 TrATE OFCOLORADO: Pitkin County =: A Thi for.going Instrument wu acknowledged before me tht, 3rd day of August 1992 .by -44, Robert L. Zupancis Wit-, my hand and olliclat -L 6/A t AlÂ» 4 -4Â« .Fâ€ž* My Commission expires: 9-6-92 NE 1 12Â£15 Notary PuW11 lf: '000ERk f. f 7- H. 1 8 PS?.1 1 10 I C Phy>1 -1- COLORADO - :ingle ,â€¢mity h. 5.f 5 Nrm 1001 1.11 11â€¢11 Mi/Friddli Mic Â£11:FCAM 1(STRUMENT (4-SO T.12181-45 1 . ./ Â· 41 .. ...... I . â€¢ ~ Â· ~ CITY MAP ~ lof L.,---* ---- \ - A L-Of \ /1 \ t 't . , t i \ \ 0 1 1\ -- ---- -*-4 \ I I ---- 1-11 -\ 16, 1 .... 2 / .5. 4 ElzE --- r i \ \ 5 f , , ' t ... . SOUTH AVENUE .f 0 6 :. i .. .. 0 \ I . \ 0 1 '64 5 + 9 - I RACfi STREET ; '; C Y 9 0 1 4. < : ---#R.* -Ex~ m 1- N Z 4 .-Jk--- * C , rn I I I -1--------, Z: / 1 , 0 : K 0 1 - 1 1 1 \ 1 I $ t , -- A &-- V - 1 ... O 1 O ; 0 r--, 1 4 CL 4 0 ". 1/1 4-...._j t 1 1 1 It , , :, 0 1 SPRUCE ST |~ I 1 , 4 -,IL - ' 1 t . 7--1/ /.4 1.-I... :1 1/ i .7- 1 * r---1 1 :' , 1 / 1 2 ter, ~-f 0 f / y >7- 0 \ 0 . A . 1 1 N i CJO 1 1 4 Jr--- f-j O IN . i # 1-,- \ 1 0 ic [ 04 lk/RA. r P.VolojÂ« 9,_9 4 %2-6 02.4.'ze. 095 1 1 + - i L <3-1 1--- D. ~RÂ»~11Â¢j ()96 7 6,0 *arEP /89, p.vÂ¢Ult p D-Uki *14 . 1, Al W. A.F %' 9 ' GFED Â·rE 1 (\AU Ut C..9 9- / .5,~i/V 2-1 k-' 1 - â‚¬ 4- -r h'*+A _7 - _t_~ETP__st <WO- ar 9 c FTD + j. 1- 3, 4104 1-k WME, = (20' 7 F,71164/*Fl _____ _ â‚¬ RvyÂ·r t-+ 1-~1Â»- = ibu' -- -- - 10~wk *'J./TIc).Â¥_-3 Â¥ ir rff--3_-__102 'rf,-94 C' r -- Ron- 4/eÂ·4 _4~ Alâ€¢-4 4,6.- 2, - AN -1 v 1,9 If'kâ€¢ . / U v 6 w -- *4-rÂ»E 319,1 = A filk-Â»11 - - +-~~A~-'__~Alt_ *-- _ - h'%>C 5Â· St/\.4 ..1*-A _tulh,Arl ___ 0, rlru =i_â‚¬ t. ry)_ _5 f - rr,pvâ€¢ I - - -.*-H le,j 1-31â„¢f~ sidi 006 (+1/ 006+ -22.-,- 4/41, 771 54- 6.- 18Â» Sik CryÂ»_ WL i-_47fe- r_ 1'(:~ 8Â¢04-_(Max 30) 4 26' Ing G n-0 - 1 Fru il- 1, k Â»-Â»i - - ----- 7---tr,t< h.~*51Â»,t- = -26 (r"-+et_1,1/51; 020.''p,4:nt__3*_tr_(A-u 7 )Â¥92',,L 0,102,1 on rc,Â·vÂ· '/glek~ f 3, A#,4 214,26.7 6-47-*4. 24-1*41,u Al:togY s 1 .- 1, , 4 j L cÂ¥"-3*Â«c... 7 Na Ye'yÂ¥"An 1-> Art'Orv~414 FArt = Gcce-153~0 = 320 54- -!+sf/,obst 4#Â· 1 G, t../I 8..A-= m. 2 .. 1 11 AUP<hots sÂ·78 Fe -1 ----------- -- - 12c#+ 1 t-*$-111 0, P.tk i f 1,117-.-1 1 A.u Â·, 12-4. ; 4 - YM ' r~'1 Â»--Tj Tr --+ 1 1 3 j I 4 K ,Â¥ all_ ___llu _ *'43[----" ..08'UNK- 4 1 t 2 1 ti . 't ; i k. j 7 9-- - - ~hi 1-12 -It -- 1 4 I : ' \-rk .- 4 - t---- r I . p - 1 1 14 - 1 2 -L'.1 -~- F R,rnt- tmot 14.- C 9-v Â» - ,/96 , .&-AIL 0 4-_ U q 1 1, t.-1Â·-Â·v.& f -, 3/3-_hÂ· >-1 , rrht- 95 r- -- -- -- I -- f., 7 _TU, \,joÂ«11___*'-~<,}-__0*)4-9/9. k.~ %4/1,Â¥, â‚¬3,1/1%:-r'.k"th r- 9-17 i y-Â·+L Â«wn/~j lets ___rÂ«fo64-B_k-w 41 0444 (l_ _SrnÂ»ka _ 0--rt - U _te*.__irar}R__k*Â«_ _hob rk rÂ«tÂ«, <. ........ ZUPANCIS SUBDIVISION Ai th nu 4 F c 0m , 40 9-9 th \*41 ail l 1 1 0 5 10 20 30 40 50 FEET ' \/0 ID to'Aft (R). 14. 0 -1 4-% e\\{f \:4' Lp 4:: SCALE: 1"= 10' StÂ°2444, , g~ougu: BASIS OF BEARINGS: FOUND MONUMENTS AS SHOWN HEREON -â„¢1(kistÂ° 4 - 0 9.-44!17 4 000 O DENOTES FOUND NO. 5 REBAR & PLAS. CAP L.S. 9184 NOTE: EASEMENTS DESCRIBED IN BK. 24,PG. 59,& BK. 29 PG.582 CANNOT BE GRAPHICALLY 0 DENOTES SET NO. 5 REBAR & PLAS. CAP RL.S. 24303 SHOWN. THERE IS NO VISIBLE EVIDENCE OF CURRE!NT USEAGE OF EITHER ONE. --Â· --I~t ti~=9 C.=1?Lttlc~ l)~03~7 1 0 DENOTES CORNER NOT SET -3 â‚¬ DENOTES TREE - SEE LEGEND .140 jooo f-\443 00 0 9 CJ 9 il==.9 0)ji [Ept d 744Â°*gui%- YARD HYD WOOD FENCE S.89Â°20'00"E 125.00' . WIRE FENCEE -'' Au...,2.-/ -Ill*32:2~h | 9. X X X .-, 7 f toe I. 11 N N 62 5-0 0 - - - - - - - - -4 2-461_I' _ _ - VICINITY MAP â‚¬ 4 WALL X S //2 LOT 9 D ELEC.METER . 0 -- t.. WOOD FENCE - ONE STORY FRAME HOUSE r X FIRE HYD, jo // . SEWER ~ O CONC. SLAB /\ ///// ~ ~ CONC.!SLAB LOT /0 ~ SPLIT- LEVEL ~ | 1 \\ FRAME HOUSE PAVED \- 1 1 1 \ //I \ \ < 1 PARKING 09 = ID 0 1 4 1 1 4-1 \0/1 // i ~- ROOF OVERHANG to ~ \\\ \ A. \ 1 91 \ 1- LOT // \ ', \\ --2 nd FLOOR OVERHANG 1 8 STONE LU 8 \1 (3 ELEC *,-1 R 11. 1 >44 - \ O .& 4 \\ \\ f 0 Lt- / I I. U O 0 1 Â· O 000000 L--- - 2 \ f 0 2061 i -9 to : 4 \ 1 1 LOT /2 8 4 1 i \ U.) LOT 1 LOT 2 i 8,683 sq.ft 8,063 sq ft \ O N.89Â°20'00"W. ~ 125.00' OVERHEAD ...r h .1 WIRES - 9 6 >1 49 4 0104 1 . Ill \1 h , 0. ih PARCEL TO ZUPANC/S - QUIET T/TLE DECREE BOOK 476, PAGE ,#82 4 ~Â«3 0 \\\ N CV TELE POLE 4 *4 POWER POLE 81 (2 1 /.0 /4 4 9 /3 1 - /O - 1=21-73 SIDEWALK 1 -- 0 -- -2- TELE.BOX -i---I--- .-/ --- -- Jl I-- ~ 5' SNOWSTORAGE 995' EASEMENT 7 3763 ; 1 STREET LIGH -*f .O.Me'4~ V S.83Â°49'W. 43.64' 8- /--- 5 0:,9 -- puRB a GUTTER S Ice \ %1 R= 245.0' L- 58.72' - PARCEL TO PITKIN -4-OUN-TY_I_ffET_ ~~D~~REEB~K*16,~E18~~_- / A 1-4Â°(124?02-*1 Â·-(f I i Â¢tr-1%>r........ p ' --S8-6Â° 00'00_w-- - 1 \ rtil \/1- :*f - -Â£44310----0~ ---40â€¢-- S.87Â°20-ME_ - NO. SIZE & TYPE NO. SIZE a TYPE Lf-Al - 49.792 - -- 40,211 1 1 15*DA -- - P----- Al-- ........ 1 15" C'WOOD /0 12" SPRUCE 2 10 PINE 11 10" ASPEN SOUTH / AVENUE ( R.O.W. VARIES )~/ 3 14" PINE 12 15" SPRUCE 4 18" C'WOOD 13 12" SPRUCE % OWNER:ROBERT ZUPANCIS 5 15" SPRUCE 14 12' ASPEN BOXI1481 6 2- 6"ASPENS /5 7" ASPEN ASPEN,CO 81612 7 12" SPRUCE * 20" POPLAR 920-2546 8 8" ASPEN 17 12" SPRUCE e DESIGNER: SCHMUESER GORDON MEYER 9 9" PINE 18 t2" SPRUCE SURVEYOR:CARL R. CARMICHAEL, PLS 24303 1 --44\ 1 1 1 4'9 6 - 1 t / -. -r 0 PLANNER: TOM BAKER NOTICE According to Colorado law you must commence any legal action based CARMICHAEL SURVEYING, INC. Surveyed JAN., 1996 Revisions Title SUBDIVISION PLAT Job No 96-1 upon any defect in this survey within three years after you first discover such defect Client ZUPANCIS- DAVIS In no event may any action based upon any defect In this survey be commenced Drafted FEB.-MAR.,1996 more than ten years from the date 01 the certification shown hereof, RO. BOX 1367 CARBONDALE, COLORADO 81623 (303-963-0757) . 0 . 0 0 . . 0 1 1 105,00' ~0040'00"E. 137.82' WALN,UT STREET (75' R.O.W. ) POST N17258 TREET -