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Home My WebLink AboutLand Use Case.4TH ST.0078.2009.ASLU4 42 k 5 + 007%/DOCLASLM - 4th & Bleeker Corner - vacant lot #Im#. ~71. 1 Bildir - 2735-124-42-007 0078.2009 __~ ~ residential design variances Â«4117 tbOAUVE'b 63 t)0 1(15 C D La hj 61 'Se *A le- Rk .-%4 _,_f THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0078.2009.ASLU PARCEL ID NUMBER 2735124 42 007 44Â·48 8 I cÂ«# PROJECTS ADDRESS 437 VBBLE@14@RSF- PLANNER DREW ALAXANDER CASE DESCRIPTION DESIGN VARIANCE REPRESENTATIVE JNM BLEEKER ST, LLP DATE OF FINAL ACTION 11.20.09 CLOSED BY ANGELA SCOREY ON 2/9/10 -- U)to rJOT 1266- m u a- 4-fy/20 u.*t. ~ FRO,1 6,4 A- . 1/1:ng' plÂ·52- WA S. r 1 4-1-0.9 12,0 2739-12.4- 42- 007 007 3Â· 2009Â·As LLA 1, 1 1Â·,1~Â·1 6,i' f '8> Fprt "fÂ·-~ 321/7 r,FI.'fln? Il.81,3/+4Â£1,=7. "1-=1-1=.-7-'.-=;7.--r=-==VE-"-, Elle Edit Record Navigate FQrm Reports Format Tab Elelp i@ * IX B ./ 4 41 81 4.IÂ® 13 21 00- 01 34 1 1 W O El 06 lump i C *~i 01 G ~ i /J 11 61 1 0 Â·Ni. 4-j . '30 0,/ 0 i~ ]GR| Yaluation I Custom Fields I Actions I Fe.2 1 Parcels I Fee SummarY I Sub germits I Attachments I Routing Status I Routing f-71 Permit Type ~aslu -jAspen Land Use Permit # ~0078.2009.ASLU Address ~IM W BLEEKER ST g| Apt/Suite| City ~ASPEN State ~CO ~| Zip |81611 ~ x Permit Information t Master Permit ~ ~ Routing Queue |ask.107 Applied ~11/10/2009 -3 ~~ Description ~ SE CORNER FOURTH AND BLEEKER STREETS RESIDNETAL DESIGN VARIANCE - Issued ~ Project | -2~ 5tatus ~pending Approved | _] VACANT LOT Final ~ 5ubmitted |CHRISTIAN TOUCHETTE 927 4925 Clock |Running Days [--5 Expires ~11/05/2010 -~ 7,4_ Owner ~ Â· Last Name ~JNM BLEEKER STREET LLP ~ First Name ~ 432 O5CEOLA AVE JACKSONVILLE BEACH FL 32250 Phone ~ r Owner Is Applicant? Applicant Last Name ~CCY ARCHITECTS LTD -g~ First Name ~ PO BOX 529 -t ~ BASALT CO 81621 3Â¥ Phone |(970) 927-4925 Cust # ~27377 r Lender -- - Last Name ~ 11 First Name 1 Phone ~ .*37 AspenGold[bl ~ Record: 1 oil Lk * 5092-0 ck &-4 41'55. 0 Â° (LLzek *- 2619 % I d- 1 /,2 Â·. p oqlool]T sdnoig 1 December 9,2009 Chris Touchette CCY Architects ASPEN/PITKIN P.O. Box 529 COMMUNITY DEVELOPMENT DEPARTMEN] Basalt, CO 81621 Dear Chris: The City of Aspen Community Development Department has recently reviewed your land use application for to the Dahl Residence, at the southeast corner of Fourth and Bleeker Streets. The application, which proposed a variance for the Residential Design Standard regarding Inflection, was handled administratively by Community Development. As you have already been informed, the Inflection variance proved to be something Staff could not support. Residential Design Standard variances must exhibit two qualities in order for an administrative approval: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard In evaluating the context as it is used in the criteria, the director may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the director feels is necessary to determine if the exception is warranted; or, b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. After careful consideration of the proposed design and surrounding development, Staff could not find suitable evidence to grant the Inflection variance. This discussion included the neighboring structure that may read as a two story element. Even though the neighboring structure appears this way, it does function as a single story element. It was Staff's determination that placing a proper two-story element adjacent to a single story element would not provide an appropriate design or pattern of development for the neighborhood. Additionally, Staff could not find appropriateness for the variance based upon a site-specific constraint or hardship. Being that the lot is vacant, there exists a great deal of design possibility. With Staff not able to grant an administrative variance, it is our recommendation to amend the design so that it is in conformance with the Residential Design Standards. An additional option would include continuing the proposal to the Planning and Zoning Commission. The same review criteria would remain (as listed above) although there is a possibility that the Commission could interpret and/or decide on your proposal differently than Com Dev Staff. 130 Sowni GALENA STREET ASPEN, COLORADO 81611-1975 PHONE 970.920.5090 FAx 970.920.5439 Printed on Recycled Paper Please contact Drew Alexander at 970.429.2739 or drew.alexander@ci.aspen.co.us if you have any questions. ASPEN/PITKIN Cheers, COMMUNITY DEVE[.OPMENT DEPARTMENT n \ - Drew Alexander Planning Technician, City of Aspen 064 CC: Chris Bendon, Community Development Director 130 SOUTH GALENA STREET ASPEN, COLORADO 81611-1975 PHONE 970,920.5090 FAx 970.920.5439 IPrinted on Recycled Paper ~ CCY ARCHITECTS November 9,2009 Mr. Chris Bendon, AICP Community Development Director, City of Aspen 130 South Galena Aspen, CO 81611 Re: Dahl Residence, SE Corner Fourth & Bleeker Streets (Parcel ID# 2735-124-42-007) Dear Chris: Thank you very much for your recent pre-application review of the conceptual design for the Dahl Residence with respect to the applicable Chapter 26.410- Residential Design Standards. It was very instructive and we have advanced the design accordingly to conform to the guidelines with exception of provision 26.410.040.E.2- Inflection for which we are requesting your consideration of an administrative variance. We believe the granting of this variance will result in a better neighborhood specific context as well as create the kind of street texture envisioned by the design standards for residential development in Aspen's West End. As proposed, the site plan and building footprint for the Dahl Residence are configured in an "L- Shape" to front both Bleeker and Fourth streets primarily with single story architectural forms. In addition to creating an open-space yard which continues the land-use pattern for the historic building to the south, the plan preserves two large spruce trees near the southern property line fronting on the alley. The primary living spaces are single story and separated by a subordinate linking element to create a secondary mass along the alley but clearly perceived from view points along Fourth Street to the west. As depicted on the attached architectural drawings, we seek variance for a 16-foot wide, two- story element on the Bleeker Street side yard set-back adjacent to the common property line of the newly constructed residence which has a detached secondary mass element whose roof peak varies in height from 18'-6" to 20'-6" above grade. In our opinion and from the perspective of neighborhood context, corner lots are clearly different than interior lots in the West End by virtue of their dual street frontages which in many regards summarize the visual character of the block and define or acknowledge the unique character of a particular intersection. Considering the residential design standards allow the applicant to choose the side towards which to inflect when there are one story buildings on both sides of the subject site, we believe it appropriate to also contemplate the corner in the balance of preserving the established neighborhood character. To this point, the residence occupying the corner lot immediately across Fourth Street from the subject site is also a one story building. In fact, all of the existing residential structures that define the contextual scale for the Fourth and Bleeker Street intersection are single story structures with mature trees, landscaping and open space; therefore, the proposed design and massing of the Dahl Residence defers thus inf/eds to the neighborhood scale of this corner intersection defined by single-story residential architecture and mature trees. COTTLE CARR YAW ARCHITECTS LTD I 228 Midland Ave PO Box 529 Basalt CO 81621 970-927-4925 fax 970-927-8578 info@ccyarchitects.com Mr. Chris Bendon, AICP Page Two Following the example of two large spruce trees on the adjacent property to the east, we propose to visually frame the neighboring detached secondary mass element between the existing two- story building to the east and the two-story element proposed for variance to the west. Rather than create a mirror-image as required by adhering strictly to the inflection provision and massing-up the corner which creates a visual gap in the fagade density of Bleeker Street, we feel the proposed approach creates a better neighborhood fit with the Bleeker Street frontage as well as the unique character of the intersection. As depicted on the enclosed Bleeker Street composite elevation, this concept adheres to the cadence and position of existing trees in the public right-of-way which also flank, thus visually frame the neighboring detached secondary mass element. Further, we ask you to consider that the existing residence to the east being recently completed and not historic, may not necessarily engage the inflection provision. Closing on behalf of the Dahl family, we appreciate your thoughtful review and hopeful approval of this administrative variance request. Please feel free to contact us for any clarifications whatsoever or to request additional support material. We would welcome the opportunity to join you on a site visit of the subject property and thank you again for your consideration! V~ry Truly Yowrs, 650Â» Larry YawkAF Chris Touchette, AIA Principal 1 Associate U November 10,2009 - CONSTR UCTION Chris Bendon, AICP Community Development Director, City of Aspen - 130 South Galena Aspen, CO 81611 Re: Dahl Residence, SE Corner Fourth and Bleeker Streets Dear Chris, I am one of the owners of the house located at 437 Bleeker Street which is next door to the Dahl property. I have been made aware that their architect has applied for a variance to allow them to build a two-story structure next to our single-story building on the west side of our property. 1 have reviewed the design for the Dahl Residence on Bleeker with my partners, and we have no objection to the variance. It is strong architecture and thoughtfully designed. I think it will be a welcome addition to the neighborhood, particularly on such a prominent lot. Please let me know if you need any further input in support of the variance or have any questions. Sincerely, Steve Hansen CC: Larry Yaw Robert Dahl Chris Touchette www.hansenconst.com P 970.920.1558 F 970.920.3038 I PO. Box 10493 Aspen, CO 81612 October 30,2009 Mr. Chris Bendon, AICP Community Development Director, City of Aspen 130 South Galena Aspen, CO 81611 Re: Dahl Residence, SE Corner Fourth & Bleeker Streets Dear Chris: As the property owner of Lot 1- McGarvey Subdivision (SE Corner of Bleeker & Fourth Streets), 1 allow Larry Yaw and/or Chris Touchette at CCY Architects to represent on my behalf in regards to the administrative variance request for the inflection provision of the residential design standards. Sincerely, Mr. Robert Dahl 83 Pecksland Road Greenwich, CT 06831 (203) 202-3850 Authorized Representatives: Mr. Larry Yaw, FAIA Mr. Chris Touchette, AIA CCY Architects 228 Midland Avenue / P.O.Box 529 Basalt, CO 81621 (970) 927-4925 THE CITY oF ASPEN Land Use Application Determination of Completeness Date: November 13,2009 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0078.2009.ASLU -Lot 1 MeGarvey Subdivision.The planner assigned to this case is Drew Alexander. J Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ~ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, 410301 # L Jennifer P~Â§*, Deputy Director- City of Aspen, Community Development Department C:\Documents and Settings\jennifep\My Documents\planning\Templates\Templates\Land Use Cases\Completeness Letter Land Use.doc CITY OF AÂ©PEN HAECT PAID rY OF ASPEN Documentary Fee 330.00 DATE MNP NO, WMETT PAID 9/17/07 38 6&41:64 PATE REP MC). WARRANTY DEED 9/2.7/01 5/3 03?90 1 THIS DEED, made this 21 day of April, 2009, Between JNM BLEEKER STREET, LLP, A FLORIDA LIMITED LIABILITY PARTNERSHIP of the County of PITKIN, State of CO, GRANTOR, ,"acalvt AND W. ROBERT DAHL and LESLIE A. DAHL, GRANTEE NOV whose legal address is : 83 PECKSLAND ROAD, GREENWICH, CT, 06831 44'ON/4%4 g 9'j p 10 2009 of the County of , State of CT El/40PAAT WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowtedged, the grantor has granted, bargained, sold and cohveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, not In tenancy in common but in joint tenAncy, with right of survivorship, all the' real property together with improvements, if any, situate and lying and being in the County of PITKIN, State of COLORADO, described as follows: LOT 1, MCGARVEY SUBDIVISION, according to the Plat thereof recorded September 1, 2004 in Plat Book 70 at Page 52 as Reception No. 501429. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appenaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the Grantor, for himself, his heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of Inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit 'W' attached hereto and Incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, ogainst all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural: the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. SIGNATURES ON PAGE 2 Page 1 RECEPTION#: 558291, 04/27/2009 at 02:06:06 PM, 1 OF 3. R $1680 DF $330.00 Doc Code WD Janice K. Vos Caudill, Pitkin County, CO ATTACHMENT 2-LAND USE APPLICATION PROJECT: Name: Dah I Ree; 489.06 Location: Lot 1, MoGgrvev,~St.,bol;visin (Isa Cornw Bleake, 41:+5 (Indicate street address, lot & blodinumber, legal description where appropriate) Parcel ID#(REQUIRED) * 273,5-/3-.1-- Â¢02--507 APPLICANT: Name: mr. R>010 tÂ»*1 Address: 63 Per,ksl and 'Fead, Greanwick, cr 04,%46\ Phone #: 623-5 22- 30'50 REPRESENTATIVE: Name: 6hric, -1-aw']tgtt# 06 c-0-- Aychil-adES Address: 298 ryl id I Nnd A Be, 1~ PO 130% 919 1 PASAit CO 81&11 Phone #: (974 99-7 -4-90-4 TYPE OF APPLICATION: (please check all that apply): 1 GMQS Exemption ~1 Conceptual PUD U Temporary Use U GMQS Allotment U Final PUD (& PUD Amendment) El Text/Map Amendment U Special Review U Subdivision U Conceptual SPA U ESA-8040 Greenline, Stream U Subdivision Exemption (includes Â£ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review U Lot Split U Small Lodge Conversion/ Expansion ~ Residential Design Variance El Lot Line Adjustment 1 Other: U Conditional Use EXISTING CONDITIONS: (description of existing buildings 5 uses, previous approvals, etc.) Ya,Â»vit l-.0-f @209}d.1-1-5.41 3 PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) AdnD nist Ra wÂ· Vayia<vre re,*!,u,st -fmvn Ses; 44id #.6610~~ StA,Mota,v 46 -*PMEn-FleoM*n Have you attach(fdthe following? FEES DUE: $ 73 5 S Pre-Application Conference Summary 3 Attachment #1, Signed Fee Agreement [ Response to Attachment #3, Dimensional Requirements Form - A.*'&<47,~:e,0.-a,040*4.7 L[ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards -- 0.40;Â¥'4791- , J 3-D Model for large project 244uef All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an :lectronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. Page 1 of 3 Chris M. Touchette From: Chris Bendon [Chris.Bendon@ci.aspen.co.us] Sent: Thursday, October 29,2009 3:46 PM To: Chris M. Touchette Subject: RE: Dahl Residence- Administrative Variance Submission Chris: It's okay. I don't think we really need attachment 3 and 4. The site plan and elevations should be enough to understand what's going on. Cheers, Chris From: Chris M. Touchette [mailto:ctouchette@ccyarchitects.com] Sent: Thursday, October 29,2009 3:45 PM To: Chris Bendon Subject: RE: Dahl Residence- Administrative Variance Submission Sorry to keep bugging you: Per your pre-app summary, we need to fill out the Land Use Application. Is this just Attachment 2? Or would we need to also fill out Attachment 3 (Dimensional Requirements Form) as well as all of the exhibits noted in Attachment 4 matrix? During our pre-app, you mentioned just site plan and elevations... Chris Touchette, ASSOCIATE CCY ARCHITECTS Visit our new website www.ccyarchitects.com 228 Midland Ave PO Box 529 Basalt, CO 81621 970-927-8370 Ext. 234 (direct) 970-927-4925 (main) 970-927-8578 (fax) ctouchette@ccyarchitects.com www.ccvarchitects.com COTTLECARRYAW This e-mail transmission, all attachments and the contents thereof are confidential and are only for the use of the individual or entity named above. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient. or if you otherwise believe that you have received this transmission in error. please immediately "reply" by e-mail to the sender, stating that this transmission was misdirected. You are hereby notified that any distribution or disclosure of the information and the contents in this message is strictly prohibited. If you have received this transmission in error, please destroy ail copies of this transmission and its attachments (both the electronic as well as any paper copies made, if any) From: Chris Bendon [mailto:Chris.Bendon@ci.aspen.co.us] Sent: Thursday, October 29,2009 3:30 PM To: Chris M. Touchette Subject: RE: Dahl Residence- Administrative Variance Submission Not really, it all one fee. It may take us less time though. Cheers, Chris From: Chris M. Touchette [mailto:ctouchette@ccyarchitects.com] Sent: Thursday, October 29,2009 2:35 PM 11/4/2009 I wa\*ed Per Octtadt 24 e.146 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Alto-wable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non-conformities or encroachments: Variations requested: ATTACHMENT 4- MATRIX OF LAND USE APPLICATION REQUIREMENTS For application requirements, refer to the numbers in the in second column. These numbers correspond to the key on page 9. For multiple reviews, do not duplicate information. All application materials must be complete and submitted in collated packets. All drawings must include an accurate graphic scale .~ U Type of Review App. Submission Requirements Process Type (See Process Number of Required Submittal (See key on page 9.) Description in Att.5) Packets 8040 GREENLINE REVIEW 1-7, 8-10,35 P& Z 10 9 8040 GREENLINE EXEMPTION 1-7, 8-10, 35 ADMINISTRATIVE REVIEW 2 STREAM MARGIN REVIEW 1-7,8, 10, 11, 12,35 P & Z OR ADMINISTRATIVE (Based 2 for 0 Admin., 10 for P &Z on Location) STREAM MARGIN EXEMPTION 1-7,8,10,11,12,35 ADMINISTRATIVE REVIEW 2 HALLAM LAKE BLUFF REVIEW 1-7,13,14,35 P & Z 10 MOUNTAIN VIEW PLANE 1-7,15,16,35 P&Z 10 CONDITIONAL USE 1-7,9,17 P & Z 10 SPECIAL REVIEW* 1-7, Additional Submission Reg. depend P& Z 10 on nature of the Special Review Request. SUBDIVISION 1-7, 18, 19, 20, 21, 35 P & Z, AND CITY COUNCIL 20 EXEMPT SUBDIVISION 1-7, 18, 19, 20, 21, 35 CITY COUNCIL 10 LOT LINE ADJUSTMENT 1-7,22 ADMINISTRATIVE REVIEW 2 LOT SPLIT 1-7,22 CITY COUNCIL 10 CODE AMENDMENT 1-4,7,23 P & Z, AND CITY COUNCIL 20 WIRELESS TELECOM. 1-7, 16, 24, 25, 26, 27, 35 ADMIN. OR P&Z 2 for Admin., 10 for P&Z SATELITE DISH OVER 24" IN 1-7 ADMIN. OR P&Z 2 for Admin., 10 for P&Z DIAMETER RES. DESIGN STANDARDS 1-7,9,28,29,30 P & Z OR DRAC 10 VARIANCE GMQS EXEMPTION* 1-7, Additional Submission Reg. depend ADMIN., OR P & Z, AND/OR CC 2 for Admin., 10 for P & Z, 20 for P on nature of the Exemption Request. (BASED ON EXEMPTION TYPE) & Z and CC CONDOMINIUMIZATION 1,31 ADMINISTRATIVE 2 PUD 1-7,32,33,35 CONCEPTUAL -P&Z, AND CC 20 for P&Z and CC (Submit FINAL -P&Z, AND CC Separately for Final PUD Review) LODGE PRESERVATION PUD 1-7,35 P & Z, AND CC 20 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aereement for Pavment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and ~11 /20;6 Pah i (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to CITY an application for Dq-.h 1 82.9/d AM a-. (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 73 5 which is for ~0 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension o f processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: C~1*1--- Chris Bendon ill 10109 Community Development Director Date: t Billing Address and Telephone Number: cÂ£4 APDANLds PO1864 59-9 - $501"dt : r.O 81 6,14 O*989-4-98,5 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 429-2765 DATE: 10.09.09 PROJECT: Dahl Residence - 4111 and Bleeker Streets REPRESENTATIVE: Christian Touchette - CCY Architects Tel: 927.4925 DESCRIPTION: The Applicant is seeking possible variances from the Residential Design Standards for "Inflection" and "Secondary Mass." The site is currently vacant and adjacent to a recently developed site that incorporates a one-story detached structure that may appear taller than a typical one story building. The variance(s) may be approved by staff if the criteria are found met. Otherwise the application will be referred to the Planning and Zoning Commission, in which case additional fees will be due. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.410 Residential Design Standards http:#www.aspenpitkin.com/depts/38/citvcode.cfm Review by: - Staff for complete application - Director of Community Development for administrative variance(s) - Planning and Zoning Commission if necessary) for variances Planning Fees: $735 deposit for 3 hours of staff time. Additional planning hours over deposit amount are billed at a rate of $245/hour. If the application is to be reviewed by the Planning and Zoning Commission, an additional deposit of $735 will be due for a total of 6 hours of staff time, again with additional billing as necessary. Total Deposit: $735 To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. 3. Completed Land Use Application Form. 4. A signed fee agreement. 5. A Pre-Application Conference Summary. 6. A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 7. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 8. An 81/2" by 11" vicinity map locating the parcel within the City of Aspen. 9. Existing and proposed site plan. 10. Site improvement survey that includes all existing natural and manmade features of the property. 11. A written and graphic description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please provide a written response to all applicable criteria. 12. 2_Copies of the complete application packet and maps. 10 Additional copies will be needed if the application is forwarded to the Planning and Zoning Commission. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, 3rd Floor ASPEN, COLORADO 81611 970-925-1766 I 970-925-6527 FAX July 24,2009 GARFIELD & HECHT 601 E. HYMAN AVE. ASPEN, CO 81611 ATTN: CHRIS LACROIX RE: LOT 1, MCGARVEY SUB â€ž- PCT22442L Pitkin County Title, Inc. is pleased to provide you with the owners policy along with the following endorsements relative to the above mentioned file: Endorsement Form Endorsement Form Endorsement Form Endorsement Form Endorsement Form Endorsement Form Please review the policy in its entirety. We at Pitkin County Title, Inc. believe in providing you, our customer, with a quality product which will serve your needs. In the event you do find a discrepancy, or if you have any questions or comments regarding your final policy, please contact us and we will gladly handle any request you may have as efficiently and quickly as possible. We have assigned the above number to your records to assure prompt processing of future title orders involving the property. If you sell or obtain a loan on this property within 5 years, ask your broker or agent to contact our office to ensure re-issue rates which may be available to you. Thank you very much for giving Pitkin County Title, Inc. the opportunity to serve you. Sincerely, /9077/Â«93 Thomas Twitchell TT Enclosures: Original Policy f E 44 f *lsÂ· te % '' ..P K aT r., r 72 7/1. -2 Â£7 T~+la 1â€¢g Lavvyulo 11UU ~ - INSURANCE CORPORATION Policy No.: CO0023-82-PCT22442L-2009.82306-78236508 OWNER'S POLICY OF TITLE INSURANCE Issued by Lawyers Title Insurance Corporation Any notice of clajm and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, LAWYERS TITLE INSURANCE CORPORATION, a Nebraska corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (lii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a fals]Red, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law: or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land: (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defedive (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state Insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recordlng of the dead or other instrument of transfer in the Public Records that vests Title as shown in Schedule A The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, the Company has caused this Policy to be signed with the facsimile signatures of its President and Secretary and sealed as required by its By-Laws, LAWYERS TITLE INSURANCE CORPORATION 41% U84>% Authorized Signatory 484 At ~Lk L Tom Twitchell % f SEAL.3 *rn Pred<!ent CO0023 PCT22442L Pitkin County Title Inc 135931>' 601 E Hopkins 3rd Fl -----U Aspen, CO 81611 Tel:(970) 925-1766 sciel;try Fax:(970) 925-6527 Form 82306 Dbl Cover - ALTA Owner's Policy (06/17/06) Reorder 1190-126Z NJRB 1 -15 Effective: 2/15/07 Revised: 9/10/07 CITY OF AGFEN HAET.1- PAID CITY Cd: ASPEN Documentary Fee 330.00 DATE REP NO, WMETT PAID 9(z.7/07 58 654'04 pATE BEP NO. WARRANTY DEED 9/2.7/09 5/3 039 904 THIS DEED, made this 21 day of April, 2009, Between JNM BLEEKER STREET, LLP, A FLORIDA LIMITED LIABILITY PARTNERSHIP of the County of PITKIN, State of CO, GRANTOR, AND W. ROBERT DAHL and LESLIE A. DAHL, GRANTEE whose legal address is . 83 PECKSLAND ROAD, GREENWICH, CT, 06831 of the County of , State of CT WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargainl sell and convey and confirm unto the grantee, his heirs and assigns forever, not in tenancy in common but in joint tenincy, with right of survivorship, all the real property together with improvements, if any, situate and lying and being in the County of PITKIN, State of COLORADO, described as follows: LOT 1, MCGARVEY SUBDIVISION, according to the Plat thereof recorded September 1, 2004 in Plat Book 70 at Page 52 as Reception No. 501429. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in jaw or equity, of, in and to the above bargained premises, wjth the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the Grantor, for himself, his heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of Inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from al! former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit 17\1' attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural: the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above, SIGNATURES ON PAGE 2 Page 1 RECEPTION#: 558291, 04/27/2009 at 02:06:06 PM, 1 OF 3, R $16.00 DF $330.00 Doc Code WD Janice K. Vos Caudill, Pitkin County, CO Owner's Policy of Title Insurance - Schedule A Issued by 40; Lawyers Title ~ m INSURANCE CORPORATION Lawyers Title Insurance Corporation 5600 Cox Road Glen Allen, Virginia 23060 File No.: PCT22442L Poticy No.: 82306-78236508 Address Reference: 437 W BLEEKER, ASPEN, CO 81611 Amount of Insurance: $3,300,000.00 Premium: $ 2,874.00 Date of Policy: April 27,2009 @ 2:07 PM 1. Name of Insured: W. ROBERT DAHL AND LESLIE A. DAHL 2. The estate or interest in the Land that is insured by this policy is: IN FEE SIMPLE 3. Title is vested in: W. ROBERT DAHL AND LESLIE A. DAHL 4. The Land referred to in this policy is situated in the County of PITKIN, State of Colorado and is described as follows LOT 1, MCGARVEY SUBDIVISION, according to the Plat thereof recorded September 1, 2004 in Plat Book 70 at Page 52 as Reception No. 501429. Countersigned: C--Vht - f Authorized otticer or agent ALTA Owner's Policy Schedule A (Rev 6/06) Form 1190-134L . SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT22442L April 27,2009 @ 2:07 PM 82306-78236508 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming to be in possession, thereof. 2. Easements, liens, encumbrances, or claims thereof, which are not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land, and that is not shown by the public records. 4. Any lien, or right to a lien, imposed by law for services, labor, or material heretofore or hereafter furnishedl which lien, or right to a lien, is not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water(see additional information page regarding water rights), whether or not the matters excepted under (a), (b), (c) or (d) are shown for the public records. 6. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records 7. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal or other utilities unless shown as an existing lien by the public records. SPECIAL EXCEPTIONS: 8. Taxes and assessments (not including condo.minium or homeowners association assessments or dues) for the year 2009 and subsequent years only, a lien not yet due and payable. 9. Reservations and exceptions as set forth in the Deeds from the City of Aspen recorded in Book 59 at Page 370 and in Book 59 at Page 505 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws" 10. Terms, conditions, provisions and obligations as set forth in Declaration of Restrictive Covenants recorded October 18, 1982 in Book 434 at Page 194. 11. Easements, rights of way and all matters as disclosed on Plat of subject property recorded October 18, 1982 in Plat Book 14 at Page 1. 12. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 17, Series of 2004 by Aspen City Council recorded September 1, 2004 as Reception No. 501426, 13. Terms, conditions, provisions and obligations as set forth in Subdivision Improvements Agreement for The McGarvey Subdivision recorded September 11 2004 as Reception No. 501427. 14. Easements, rights of way and all matters as disclosed on Plat of subject property recorded September 1, 2004 in Plat Book 70 at Page 52. EXCEPTIONS NUMBERED 1 THRU 7 ARE HEREBY DELETED, EXCEPT FOR SUBSECTION (d) UNDER PARAGRAPH NUMBER 5 (WATER RIGHTS). EXCLUSIONS FROM COVERAGE The foilowing matters are expressly exduded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; {iD the character, dimensions, or location of any improvement erected on the Land: (iii) the subdivision of land; or (iv) environmental protection: or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This [Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, Mens, 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, bill 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 poricy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the tnsured Ciaimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this poticy 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1 DEFINITION OF TERMS by reason of the Public Records or any other records that impart The following terms when used in this policy mean: constructive notice of matters affecting the Title. (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to (g) "Land": The land described in Schedule A, and this policy, increased by Section 8(b), or decreased by Sections 10 NJRB 1-15 Effective: 2/15/07 Revised: 9/10/07 and 11 of these Conditions. affixed improvements that by law constitute real property. The term (b) "Date of Policy": The date designated as "Date of "Land" does not include any property beyond the lines of the area Policy" in Schedule A. described in Schedule A, nor any right, title, interest, estate, or (c) "Entity": A corporation, partnership, trust, limited easement in abutting streets, roads, avenues, alleys, lanes, ways, liability company, or other similar legal entity. or waterways, but this does not modify or limit the extent that a right (d) "Insured": The Insured named in Schedule A. of access to and from the Land is insured by this policy. (i) The term "Insured' also includes (h) "Mortgage": Mortgage, deed of trust, trust deed, or (A) successors to the Title of the insured by other security instrument, including one evidenced by electronic operation of law as distinguished from purchase, including heirs, means authorized by law. devisees, survivors, personal representatives, or next of kin~ (D 'Public Records": Records established under state (B) successors to an Insured by dissolution, statutes at Date of Policy for the purpose of imparting constructive merger, consolidation, distribution, or reorganization; notice of matters relating to real property to purchasers for value (C) successors to an Insured by its and without Knowledge. With respect to Covered Risk 5(d), "Public conversion to another kind of Entity, Records" shall also indude environmental protection liens filed in (D) a grantee of an Insured under a deed the records of the clerk of the United States District Court for the delivered without payment of actual valuable consideration district where the Land is located. conveying the Title W â€žritle": The estate or interest described in Schedule (1) if the stock. shares, memberships, A or other equity interests of the grantee are wholly-owned by the (k} "Unmarketable Title": Title affected by an alleged or named Insured, apparent matter that would permit a prospective purchaser or (2) if the grantee wholly owns the lessee of the Title or lender on the Title to be released from the named Insured, obligation to purchase, lease, or lend if there is a contractua[ (3) if the grantee is wholly-owned by condition requiring the delivery of marketable title. an affiliated Entity of the named Insured, provided the affiliated 2. CONTINUATION OF INSURANCE Entity and the named Insured are both whony-owned by the same The coverage of this policy shall continue in force as of Date of person or Entity, or Policy in favor of an Insured, but only so long as the Insured retains (4) if the grantee is a trustee or an estate or interest in the Land, or holds an obligation secured by a beneficiary of a trust created by a written instrument established by purchase money Mortgage given by a purchaser from the Insured, the Insured named in Schedule A for estate planning purposes. or only so long as the Insured shall have liability by reason of (ii) With regard to (A), (B), (C), and (D) reserving, warranties in any transfer or conveyance of the Title. This policy however, all rights and defenses as to any successor that the shall not continue in force in favor of any purchaser from the Company would have had against any predecessor Insured. Insured of either (i) an estate or interest in the Land, or (ii) an (e) "Insured Claimant": An Insured claiming toss or obligation secured by a purchase money Mortgage given to the damage. Insured. (f) "Knowledge" or "Known" Actual knowledge, not 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT constructive knowledge or notice that may be imputed to an Insured The Insured shall notify the Company promptly in writing (i) in case Form 82306 Dbl Cover - ALTA Owner's Policy (06/17/06) Reorder 1190-126Z NJRB 1-15 Effective: 2/15/07 Revised: 9/10/07 of any litigation as set forth in Section 5(a) of these Conditions, (ii) mails, disks, tapes, and videos whether bearing a date before or in case Knowledge shall come to an Insured hereunder of any claim after Date of Policy, that reasonably pertain to the loss or damage. of title or interest that is adverse to the Title, as insured, and that Further, if requested by any authorized representative of the might cause loss or damage for which the Company may be liable Company, the Insured Claimant shall grant its permission, in writing, by virtue of this policy, or (iii) if the Title, as insured, is rejected as for any authorized representative of the Company to examine, Unmarketable Title. If the Company is prejudiced by the failure of inspect, and copy all of these records in the custody or control of a the Insured Claimant to provide prompt notice, the Company's third party that reasonably pertain to the loss or damage. All liability to the Insured Claimant under the policy shall be reduced to information designated as confidential by the Insured Claimant the extent of the prejudice. provided to the Company pursuant to this Section shall not be 4. PROOF OF LOSS disclosed to others unless, in the reasonable judgment of the In the event the Company is unable to determine the amount of loss Company, it is necessary in the administration of the claim. Failure or damage, the Company may, at its option, require as a condition of the Insured Claimant to submit for examination under oath, of payment that the Insured Claimant furnish a signed proof of loss. produce any reasonably requested information, or grant permission The proof of loss must describe tile defect, lien, encumbrance, or lo secure reasonably necessary information from third parties as other matter insured against by this policy that constitutes the basis required in this subsection, unless prohibited by law or of loss or damage and shall state, to the extent possible, the basis governmental regulation, shall terminate any liability of the of calculating the amount of the loss or damage. Company under this policy as to that claim. 5. DEFENSE AND PROSECUTION OF ACTIONS 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; (a) Upon written request by the Insured, and subject to TERMINATION OF LIABILITY the options contained in Section 7 of these Conditions, the In case of a claim under this policy, the Company shall have the Company, at its own cost and without unreasonable delay, shall following additional options: provide for the defense of an Insured in litigation in which any third (a) To Pay or Tender Payment of the Amount of party asserts a claim covered by this policy adverse to the Insured. Insurance. This obligation is limited to only those stated causes of action To pay or tender payment of the Amount of Insurance under this alleging matters insured against by this policy. The Company shall policy together with any costs, attorneys' fees, and expenses have the right to select counsel of its choice (subject to the right of incurred by the Insured Claimant that were authorized by the the Insured to object for reasonable cause) to represent the Insured Company up to the time of payment or tender of payment and that as to those stated causes of action. It shall not be liable for and will the Company is obligated to pay. not pay the fees of any other counsel, The Company will not pay Upon the exercise by the Company of this option, all liability and any fees, costs, or expenses incurred by the Insured in the defense obligations of the Company to the Insured under this policy, other of those causes of action that allege matters not insured against by than to make the payment required in this subsection, shall this policy. terminate, including any liability or obligation to defend, prosecute, (b) The Company shall have the right, in addition to the or continue any litigation. options contained in Section 7 of these Conditions, at its own cost, (b) To Pay or Otherwise Settle With Parties Other Than to institute and prosecute any action or proceeding or to do any the Insured or With the insured Claimant. other act that in its opinion may be necessary or desirable to (i) To pay or otherwise settle with other parties for or establish the Title, as insured, or to prevent or reduce loss or in the name of an Insured Claimant any ctaim insured against under damage to the Insured. The Company may take any appropriate this policy. In addition, the Company will pay any costs, attorneys' action under the terms of this policy, whether or not it shall be liable fees, and expenses incurred by the Insured Claimant that were to the Insured. The exercise of these rights shall not be an authorized by the Company up to the time of payment and that the admission of liability or waiver of any provision of this policy. If the Company is obligated to pay; or Company exercises its rights under this subsection, it must do so (ii) To pay or otherwise settle with the Insured diligently. Claimant the loss or damage provided for under this policy, together (c) Whenever the Company brings an action or asserts with any costs, attorneys' fees, and expenses incurred by the a defense as required or permitted by this policy, the Company may Insured Claimant that were authorized by the Company up to the pursue the litigation to a final determination by a court of competent time of payment and that the Company is obligated to pay. jurisdiction, and it expressly reserves the right, in its sole discretion, Upon the exercise by the Company of either of the options provided to appeal any adverse judgment or order. for in subsections (b)0) or (iD, the Company's obligations to the 6. DUTY OF INSURED CLAIMANT TO COOPERATE Insured under this policy for the claimed loss or damage, other than (a) In all cases where this policy permits or requires the the payments required to be made, shall terminate, including any ' Company to prosecute or provide for the defense of any action or liability or obligation to defend, prosecute, or continue any [itigation. proceeding and any appeals, the Insured shall secure to the 8. DETERMINATION AND EXTENT OF LIABILITY Company the right to so prosecute or provide defense in the action This policy is a contract of indemnity against actual monetary loss or proceeding, including the right to use, at its option, the name of or damage sustained or incurred by the Insured Claimant who has the Insured for this purpose. Whenever requested by the Company, suffered loss or damage by reason of matters insured against by the Insured, at the Company's expense, shall give the Company all this policy. reasonable aid (i) in securing evidence, obtaining witnesses, (a) The extent of liability of the Company for ioss or prosecuting or defending the action or proceeding, or effecting damage under this policy shall not exceed the lesser of settlement, and (ii) in any other lawful act that in the opinion of the (i) the Amount of Insurance; or Company may be necessary or desirable to establish the Title or (ii) the difference between the value of the Title as any other matter as insured. If the Company is prejudiced by the insured and the value of the Title subject to the risk insured against failure of the Insured to furnish the required cooperation, the by this policy. Company's obligations to the Insured under the policy shall (b) If the Company pursues its rights under Section 5 of terminate, including any liability or obligation to defend, prosecute, these Conditions and is unsuccessful in establishing the Title, as or continue any litigation, with regard to the matter or matters insured, requiring such cooperation. (i) the Amount of Insurance shall be increased by (b) The Company may reasonably require the Insured 10%, and Claimant to submit to examination under oath by any authorized (ii) the Insured Claimant shall have the right to have representative of the Company and to produce for examination, the loss or damage determined either as of the date the claim was inspection, and copying, at such reasonable times and places as made by the Insured Claimant or as of the date it is settled and may be designated by the authorized representative of the paid. Company, all records, in whatever medium maintained, including (c) In addition to the extent of iiability under (a) and (b), books, ledgers, checks, memoranda, correspondence, reports, e- the Company will also pay those costs, attorneys' fees, and Form 82306 Dbl Cover - ALTA Ownefs Policy (06/17/06) Reorder 1190-126Z NJRB 1-15 Effective: 2/15/07 Revised: 9/10/07 expenses incurred in accordance with Sections 5 and 7 of these $2,000,000 or less shall be arbitrated at the option of either the Conditions. Company or the Insured, All arbitrable matters when the Amount of 9. LIMITATION OF LIABILITY Insurance is in excess of $2,000,000 shall be arbitrated only when (a) If the Company establishes the Title, or removes the agreed to by both the Company and the Insured. Arbitration alleged defect, lien, or encumbrance, or cures the lack of a right of pursuant to this policy and under the Rules shall be binding upon access to or from the Land, or cures the claim of Unmarketable the parties. Judgment upon the award rendered by the Arbitrator(s) Title, all as insured, in a reasonably diligent manner by any method, may be entered in any court of competent jurisdiction. including litigation and the completion of any appeals, it shall have 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE fully performed its obligations with respect to that matter and shall CONTRACT not be liable for any loss or damage caused to the Insured. (a) This policy together with all endorsements, if any, (b) In the event of any litigation, including litigation by the attached to it by the Company is the entire policy and contract Company or with the Company's consent, the Company shall have between the Insured and the Company. In interpreting any no liability for loss or damage until there has been a final provision of this policy, this policy shall be construed as a whole, determination by a court of competent jurisdiction, and disposition of (b) Any claim of loss or damage that arises out of the all appeals, adverse to the Title, as insured. status of the Title or by any action asserting such claim shall be (c) The Company shall not be liable for loss or damage to restricted to this policy. the Insured for fiability voluntarily assumed by the Insured in settling (c) Any amendment of or endorsement to this policy must any claim or suit without the prior written consent of the Company. be in writing and authenticated by an authorized person, or 10. REDUCTION OF INSURANCE; REDUCTION OR expressly incorporated by Schedule A of this policy. TERMINATION OF LIABILITY (d) Each endorsement to this policy issued at any time is All payments under this policy, except payments made for costs, made a part of this policy and is subject to all of its terms and attorneys' fees, and expenses, shall reduce the Amount of provisions. Except as the endorsement expressly states, it does not Insurance by the amount of the payment. (i) modify any of the terms and provisions of the policy, (ii) modify 11. LIABILITY NONCUMULATIVE any prior endorsement, (iii) extend the Date of Policy, or (iv) The Amount of Tnsurance shall be reduced by any amount the increase the Amount of Insurance. Company pays under any policy insuring a Mortgage to which 16. SEVERABILITY exception is taken in Schedule B or to which the Insured has In the event any provision of this policy, in whole or in part, is held agreed, assumed, or taken subject, or which is executed by an invalid or unenforceable under applicable law, the policy shall be Insured after Date of Policy and which is a charge or lien on the deemed not to indude that provision or such part held to be invalid, Title, and the amount so paid shall be deemed a payment to the but ali other provisions shall remain in full force and effect. Insured under this policy. 17. CHOICE OF LAW; FORUM 12. PAYMENT OF LOSS (a) Choice of Law: The Insured acknowledges the When liability and the extent of loss or damage have been definitely Company has underwritten the risks covered by this policy and ' fixed in accordance with these Conditions, the payment shall be determined the premium charged therefor in reliance upon the law made within 30 days. affecting interests in real property and applicable to the 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT interpretation, rights, remedies, or enforcement of policies of title (a) Whenever the Company shall have settled and insurance of the jurisdiction where the Land is located. paid a claim under this policy, it shall be subrogated and entitled to Therefore, the court or an arbitrator shall apply the law of the the rights of the Insured Claimant in the Title and all other rights and jurisdiction where the Land is located to determine the validity of remedies in respect to the claim that the Insured Claimant has claims against the Title that are adverse to the Insured and to against any person or properly, to the extent of the amount of any interpret and enforce the terms of this policy. In neither case shall loss, costs, attorneys' fees, and expenses paid by the Company. If the court or arbitrator apply its conflicts of law principles to requested by the Company, the Insured Claimant shall execute determine the applicable law. documents to evidence the transfer to the Company of these rights (b) Choice of Forum: Any litigation or other proceeding and remedies. The insured Claimant shall permit the Company to brought by the Insured against the Company must be filed only in a sue, compromise, or settle in the name of the Insured Claimant and state or federal court within the United States of America or its to use the name of the Insured Claimant in any transaction or territories having appropriate jurisdiction. litigation involving these rights and remedies. 18. NOTICES, WHERE SENT If a payment on account of a claim does not fully cover the loss of Any notice of claim and any other notice or statement in writing the Insured .Claimant, the Company shall defer the exercise of its required to be given to the Company under this Policy must be right to recover until after the insured Claimant shall have recovered given to the Company at: P.O. Box 45023, Jacksonville, FL 32232- its loss. 5023. (b} The Company's right of subrogation includes the rights of the Insured to indemnities, guaranlies, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules'). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is Form 82306 Db! Cover - ALTA Owner's Poiicy (06/17/06) Reorder 1190=126Z NJRB 1 -15 Effective: 2/15/07 Revised: 9/10/07 t 1 1 :'itzil 11 -n A-L_J 11 11 ' 4 --7 / . .1, A Si1 A -w~ p.-~-=OL~--3~ 8 , \40 32 V, 2-144 114. fu=:=29/Got 26 1-00- 0~Â»72- \1 CCL,4 Z - 'rl r 171-L .lit t~ 14 4 3 1.49 Gibson A.. I k-71 Â«/ - - . 3 L 1 ,\ Out r lf-3.1.- lf'--~ h~3 f..~.1-v- ve 4,4 , Â¢1 1 %, , 21 ~ Grande, i~ - 1 *Â»1 \47,3,3 ff LI-yÂ«h \<79 1# (\4~ \ Ape'*st i t#<ZE*$~* 44 3 n $ Ball 2 Field - 51 4, li #r-Â«95Â·k-St E- le<i -aL ,- - 4/ 2,-P . 74'*// . 4 9/ h 4 P /4 8 ~DIER'%. 3. 1. c~-91% .* I fc,22â€žÂ¢ , N = *23 Aspen , ,Â·9. 1 4 2 U I & 31 Â«0~ q,<ft , i Â·Â·~ ~ 4 Park 44 P~'24- // N.Ne i . -0 Mâ€¢dtand Park L_ 5 2 1 /r-- Â£' \ /1 ~Â·427*81*((9â€ž *#11 37 L.-1 R \443 Aâ€¢04,84 i Mal=, L. i wagner . 6. 173.,14 ifiman dtjl i le -. Kith,yna,Way d Ardmore Ct Mal,s#jf~~lci3 6~*~rk*RELOOL-111 Â¥'AUZZD - 34 2-,v- Lot *12:*44 1 -2 24 f f , Irrgen g. ~l--~ c~-ar ~iÂ»~ran, 4.- Dahl Residence- Aspen, CO Vicinity Map 9.44 11 Brk etv November 10,2009 CONSTRUCTION Chris Bendon, AICP Community Development Director, City of Aspen 130 South Galena Aspen, CO 81611 Re: Dahl Residence, SE Corner Fourth and Bleeker Streets Dear Chris, . I am one of the owners of the house located at 437 Bleeker Street which is next door to the Dahl property. I have been made aware that their architect has applied for a variance to allow them to build a two-story structure next to our single-story building on the west side of our property. I have reviewed the design for the Dahl Residence on Bleeker with my partners, and we have no objection to the variance. It is strong architecture and thoughtfully designed. I think it will be a welcome addition to the neighborhood, particularly on such a prominent lot. Please let me know if you need any further input in support of the variance or have any questions. Sincerely, Steve Hansen CC: Larr-y Yaw Robert Dahl Chris Touchette www.hansenconst.com P 970.920.1558 F 970.920,3038 ~ PO. Box 10493 Aspen, CO 81612 I T Mr. Chris Bendon, AICP Page Two Following the example of two large spruce trees on the adjacent property to the east, we propose to visually frame the neighboring detached secondary mass element between the existing two- story building to the east and the two-story element proposed for variance to the west. Rather than create a mirror-image as required by adhering strictly to the inflection provision and massing-up the corner which creates a visual gap in the fagade density of Bleeker Street, we feel the proposed approach creates a better neighborhood fit with the Bleeker Street frontage as well as the unique character of the intersection. As depicted on the enclosed Bleeker Street composite elevation, this concept adheres to the cadence and position of existing trees in the public right-of-way which also flank, thus visually frame the neighboring detached secondary mass element. Further, we ask you to consider that the existing residence to the east being recently completed and not historic, may not necessarily engage the inflection provision. Closing on behalf of the Dahl family, we appreciate your thoughtful review and hopeful approval of this administrative variance request. Please feel free to contact us for any clarifications whatsoever or to request additional support material. We would welcome the opportunity to join you on a site visit of the subject property and thank you again for your consideration! VerY Truly Yours, d~J) LanÂ¥ Yaw, FlA 1 Chris Touchette, AIA Principal Associate r) secavt w MASS ,- 97222* 666â€¢eMT fADPOSED o ' 0 00**46Fk. C Nâ€¢*IN,:eâ‚¬ +42 R**0 8 9 BLEEKER STREET ~ ~~ ex,Sr,NG, Tpaes . SITE PLAN tv 7 X (r / t.><, A ,.7 3 - / 4 Scale: 1"=16'-0" 1 A A /i 1 , i : 'i. ADB GUS#AG 1 1 t fi 1 f j //~'.f. 0 -\1 y .., / 4 42/227&40 3 ' / - Jt; '.Vi / 1Â·I 112 (4\/ .ii- - ) C \ 140 :.4 -- 1 I -â€ž.73~-2 22=-4 1 -' 04*~4,4Uk tb* r 4%,64 . .1 * -- \ T 1/7 A iii} , 1 1 I 311 -irl Iii i 3 . t.':1.i #111: 11! 11 4, 'J,i PROPOSED I 94 1- ill-1 9 .:} 1 i 1 3 . 1 11 /27 A-, 0 :i i - . 1 - U 7 , 1 - 1 1 11 1 11 0 11 1 1 1 it j t{ r E -EE 3 J 1 - ''W ------- *==t=== 3 rEEEtâ‚¬E==1 r C /:/ 1 \11 1 . I /1 ~. EXISTING_ ./ I , /1 ft ; 4 A -i i , I , E i-/ 1 1, - 47 //1- -- 1 1 -1 - 43<, 7 -1/ 1 1 1 . 1 - 41 \ ..1 l_ .., wÂ»44 -- 6 /- .. 1.--1-I. ALLEY . DAHL RESIDENCE (LOT 1- McGARVEY SUBDIVISION) Administrative Variance Request: Prepared by CCY Architects 11/9/09 /2/ < FOURTH STREET 3 . er >0.1 al,ah. 779 . 7.1'0 1. f . ' S. 4.limr. . rf "*Â¥21 + ./Wl#-Â· 9.............. , 16 - 9.~ 1,\ '744 A Nal --h .1 : 7% ' ' ed .9 ; L *3...tÂ¥> idÂ· , V. iIi . . 2 .--- '/ . T. ..4Â· 6Â¥nk> -~-- 1 1. , r= & h 20" *</"'/L.---ll~--Z~~ ~-'llk..- 1,4 1 1 n .... t.li , - -I ...i...4 rt" . F. 111 " t, 1, f .9, 1 1 / U , O ' 4-/, - 1 1 1 ,-1,Â« - Â· & '.- v. .r ' ' ~â€¢â€¢.,-27 . 1 Iii, = vell_7 - .1 l. I ...... I j., 6. - 1-,4-4 , 1/../. * . 9 1111... 4. Allf:"Ill- V.I.*i . . f 'll i 4 I . C --4 1#2// . 11 .. . . e-% I $ : C iliwill -I- 9.-- -tÂ® 1,0,1 1 r - r . BLEEKER STREET ' .â‚¬'40,-ti,0 7.-7.'19?2 (g: :~, ...=..:..+ .py~~C'v:Â·.: . . -- 41 .... O * , i t - 1. I : I. ---- NW Corner- Bleeker and Fourth Streets NE Corner- Bleeker and Fourth Streets k 2: sit /*i i . IA * . . -3 1 N */ t - 4 1- % .... 4 .. 4- i C 24 4 l e I.' t 4 0 ho ' 44 1 .bi - '.2 .: . 2. .1 . 1 - ... - - e , 1 N ' (4'S r 1 . l 2, 1 0 44 4, 1 r. . F.f .:,0'. . 14 . hj- Â¢ 1 - . 1 ' 21 44*5 * 6 1 A 1 4 ~:.; -pr <:4 ~ AL.14 --- 0' , 4, .,3 V -1 - U .-I /*49 -7 X N t.r . . *El .rly L ~le>Ckyl . . 1.22 1 1.,-Â·1.4$ :Uyr. - --1 1 /li - 2 9 $ 1 . 4 MAIN SI . 1.1. Billi <e ..2.........Â£*)' Pâ€¢~41-41â€¢ WIÂ·liINIE â‚¬~Â·~ . ~-~~ - 19 - ./.-/ ..~~ ' . r . a - 14314, I , Â¥.'- m / SW Corner- Bleeker and Fourth Streets SE Corner- Bleeker and Fourth Streets Context Map@ 1"=60' (North Up) DAHL RESIDENCE (LOT 1- McGARVEY SUBDIVISION) Administrative Variance Request: Prepared by CCY Architects 11/9/09 . NOTES: t. . , .$ 1) Neighboring secondary . mass element framed by . f.:t .e . 7 Â¥ L Â·: r . existing spruce trees r 1' ~ *: 2) Fourth Street looking / 1 e Ly/' ' ' 0. 1 .- . t. , I Â· 4 south from Bleeker Street Ae .. I,?17.. A I *Â· intersection 44' 3 ey g *E 01 + 1 139,9 -/5 1 . 6 .n= 1 f 4 M.AL...4,4Â£..0.1,=.1-. 1. .... .â€ž'. 4 ..... 66 Â· Â· <-9Â·f- lili.'P- - 1. 2. 60/ W 15r W ~'t---_22MEÂ£--_t - 9:regar L DAHL RESIDENCE (PROPOSED) t EXISTING 1-STORY RESIDENCE 1.- _41Â£ i ~~3- __ 0 1 />Af Frâ‚¬ 1 it; 1-- .....,i:,5,1,"I'l""/".I'". 1 . --. ~8#rAÂ¥ ~ 1610?evl BLEEKER STREET COMPOSITE ELEVATION DAHL RESIDENCE (LOT 1- McGARVEY SUBDIVISION) Administrative Variance Request: Prepared by CCY Architects 11/9/09 WEST BLEEKER STREET 004 \NLET CO),CRETE 0,48 \\i/' \1 / 1 1 1Â· 7904.73 7906.61 0 7906-id , till - 1 /906--\1 1\9*0/L < -%U / i 1 79072/ 4- 7005.66 7 '05'287 E_ ~501 ./ / ~\3~L TYP. BASIS OF EjARING / al le - e 1-J 1 -lid Kift . - j '. ~ i. g e % *>'y 162>t.. 4Â·g*,~i:*Â·74660.47908.22 Re I + 7901.96 ~ 0 r.1 0-*Uj#*w, ch ~ LA A 08.30 . - F- n,& 4 e .. 9 91 LOT 1 r- 1- %-1 ..1 4 : A .A 6 500 SQ. r L lin Â· 7, 0.172 AC LOT 2 9 1 1 1 4 700 4- 7907.73 . e e f - 7908.4> E- w 1 El .4 Â£ t *El 0 C e S Z S .00 0 I tO Â¤ G. 10 1 , 58 FEET 10 0 10 FEET CP: Re 1 1 1,11,1 11 1 A (n GRAPHIC SCALE 1 ---- 1 inch = 10 ft. a CONTOUR INTERVAL = 1 FOOT = 6 0 I W 4 . 09 1 Â« |144* 9-B/E- g -0 g 1 - N /505'28' W ~ 75.00' U \ -r 1998:7? , , , . . . 4- 7999.30. . . . . 3,- 7999:25. . . ~909Â·0+ Â· Â· Â· Â· Â· Â· 1 Â· . 0 . . . 9905Â·68+ . 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J 1 24' f $ ...\3 - - =-.-'--'.-' C/~.0,73 '%..#AÂ· rf-.4.-6-- --F< 4 / / . 04. f\\ *72 fr;-----%24:* .&.--1- 1 . 1 . #>4\ ..r 1 1 N \\ 4 -2 r ' Â· .- ..1 1 1,1 1 1: tri it..!,11 1 1.11111 i/-Â«\ .1 . t] PROPOSED 1 4% Ii:. ~1 i 1 1 1 1 1 N 'lit j.,11111 1 -1111111 1..]J -- 1;1\ 1 ==' r -- -,e .-e 0 --- 'NOZI- --/7 ''. -.Â»4.. i 11.. *4-1 c- \ EXIST!NGO 1 41(f 1 4. 1 \ * 1 .....1 4// Â¢ 1 $ f 1 1 \1/ . 1 t , r / I 1 + t} / 1 I - 11 ' 1 93,3 - .9, Â· ri/0 + .- . = -41--4 1 1 rl i 1 I . . 6 - , 1 M# ALLEY 1 1 DAHL RESIDENCE (LOT 1- McGARVEY SUBDIVISION) Administrative Variance Request: Prepared by CCY Architects 11/9/09 FOURTH STREET .a 1 - I- , J De 5 165 8.- ~ r J \\*32/6-00.- 4 14/T)) 1 1 // - L,fl PL=*L---/ \1 ./6 t , 7-J.. /1 677â‚¬eT 1 1 1 : FAGING> GUEST : URE: euR!89 BEDRoom F41 er/91-/MS gatq gur#Â¥ 7~55 , ... .-.---* ,Â»72- / f b IVINg 09 . f. i . I 1 6 POMM l - 1 1 . 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LEGEND RECEIVED IMPROVEMENT 8 TOPOGRAPHIC SURVEY t9 - WATER CURB STOP VALVE NOV 1 0 2009 01 1 r ur not'tN OF LOT 1 - MCGARVEY SUBDIVISION ------ws---- - WATER SERVICE LINE -------W----- - WATER MAIN 'OMMUNITY DEVELOPMENT ASPEN, COLORADO ------S----- - SANITARY SEWER MAIN - 11/ - - --TEL- - -UGE-- - PRIMARY UNDERGROUND ELECTRIC & TELEPHONE ---TEL--- - PRIMARY UNDERGROUND TELEPHONE 'Fr \ / \ lA/A - ADTUADV TTATr,DDr.nATÂ·nin - A ..7 771 Int 7 P LINE -IE 2 27). Â°ERTY) FND. ENC, :TI VE CENTER i ELEVATK ,LK FY PAGE 52) E NO. 17, 426. TS 501427. JY ED *C. Y A / s (Â·L --9Â»080Â»LE Y - , /LA'%. - - . L. \ /t ..r L. 1~,V. C.V.V FND. TO RECORD S 39Â°02' W ,%2 - ---ROW - 0.12 2 9200 / -/- -~--- . l-ft b 31 3 --~---r- - 242 -47908.46 ~- CABLE TV AND .. . -r .--**Ar.+ ,r- TELEPHONE PEDESTAL IMPROVEMENT 8 TOPOGRAPHIC SURVEY R MAIN LINE I -- --- -- -- - 4-tip - - 60.00. // LOCATION S 75Â°09'11" E 9*02-- , - -0 0-1- -CTWI - - 47 - OF LOT 1 - MCGARVEY SUBDIVISION --24 r FILED SEPTEMBER 1, 2004 IN PLAT BOOK 70 AT PAGE 52 Â· -4 1 -3 no&2,-93-9*Â« 1- AS RECEPTION NO. 501429 PITKIN COUNTY OFFICIAL RECORDS .-7 7--.-TEL- Â·r-- Â·r- -1 0 ASSESSOR PARCEL #2735-124-42007 (437 W. BLEEKER STREET) ~/ ELECTRIC CITY OF ASPEN PITKIN COUNTY COLORADO TRANSFORMER CABLE TV AND TELEPHONE PEDESTAL SCALE: 1" = 10' DATE: NOVEMBER, 2009 LOCATION NOTICE: ACCORDING TO COLORADO lAW YOU MUST COMMENCE ANY LEGAL PINNACLE DESIGN CONSULTING GROUP, INC. ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION 0805 BUCKPOINT ROAD BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN CARBONDALE, COLORADO 81623 YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE (970) 963-2170 SURVEYOR. SHEET ONE OF ONE JOB #170-09 0 . . . . . . . ,/. A A I I .1 - : 1 â€¢ 1 0 '...0,:i D.. : . : D . . 4 0 0 .0 1 .0 , 4 ... 4 1 .. I .0 .D .6 P. .A- 0. - . . 1...4 .. 24 . 0. I 0 : 0 . 4. .0 : 1. . 0 . 0 A- : A . 0 . 0. 0 0 0 0.0 1 . . . A. ..... .. 00 0 ... 1 0. A , 0 - A. .... ... .. A . 1. 1 0 :I:... 1 . 0 0 : . .: ... m......Im . . A .0 0 - I: I . . 1 1 . .. : -0 0 . M . D .. I. 0 ... D . = 1 .. . . 0 0. . . . I. 0 D . D t. 0 ... .. . 0 ... : D . ... . D= 0 ..... 0. D . . D .. . 0 .. :1 ... 0 - I :A. - ..4./~ . 0 - ..D .....: .. D. D I .. . .... ... 0 .. . A I. .... .0 1 .:0 0 1 0 0 . . .. ... . I. I .. .. . ..D D :.O . . .1 , ... D ... 0 : 0 . ':'... ...... .' AD . . I . I . 0 0 . A. D . - 0 .. . O AD .: .. .. . A. . 0 0 . .. .... i . 0 4 :00 ..1 .i .. I. : . 1 . .A .. :.. 4 0 1 ........... ...: . ... .... . 2.0 , S .0 I. ... . D . ... . .:. ... A Â» 1 0- ..D . 4 - 4 . I ... D . . . 0 . 0 . 0. . 0 01 0 . .1.: 1. A -- :D . ./ . A ..1 D . .1, . . . . . A . .. ... . - . 0. . 0 ..1, 1.1, ...... : .. . ..1 D Â» =. 00 - . ... . 0. .:. - . a . ,. .. . .0 - k . r . . . I . 0 .1 Â¥ I . ... . A D. 1 -: . .... . A ... A AD AD. 0 . 0, 40 - , 0.0 - . . 0 . A 0 0% . . . .. ... 1: .. ... ... 1 . .. . . . ID : I ... .. 43 I. I - AD ...0 .... . . D 8 - 0 .G I -- 0 0 '0 ..... , 1 L. . A. ... . . 4 . D .1 ... . 1 0 I :. 14. .... ..... : - 0 0.0 a â€¢ 1 I . 0 4 ... . D. D : / ./. I 4' . ... 1. . I. :Al a, C I I . . . I . .. . A I. . ........ IMPROVEMENT 8 TOPOGRAPHIC SURVEY - WATER CURB STOP VALVE LEGEND 9 NOV 1 0 2009 RECEIVED OF LOT 1 - MOGARVEY SUBDIVISION ------WS---- - WATER SERVICE UNE COMMUNITY DEVELOPMENT ------W----- - WATER MAIN Ul i Y ur tiot'iN - - ASPEN, COLORADO ----S---- - SANITARY SEWER MAIN -W- - - -TEL---UGE--- - PRIMARY UNDERGROUND ELECTRIC & TELEPHONE -- bâ€¢hi ---TEL--- - PRIMARY UNDERGROUND TELEPHONE ---CTV--- - PRIMARY UNDERGROUND CABLE TV WATER MAIN 1 - ASPEN TREE AS DESCRIBED SCALED TO APPROXIMATE DRIP LINE --W---- WEST ~~ - SPRUCE TREE AS DESCRIBED AND SCALED TO APPROXIMATE DRIP LINE - DECIDUOUS BUSH DITCH INLET / 2-W_ BLEEKER STREET ~ - DECIDUOUS TREE 099' 74.78' (ASP'HAL TJ ~ + XXXX.XX - GROUND SPOT ELEVATION / 0 --n- - PARKING SIGN AS DESCRIBED 7 05 2 4 â€¢ WOOD PARKING SIGN 2 - ~~RMEEET 7906.61 / - 0 - TELEPHONE PEDESTAL SIGN ' o - CABLE TV PEDESTAL CONCRETE CURB l 7906.12 c - - / - PARKING SIGN 7907.6~1 1 0-\471 --l/ 1 -.%*-- I 1 1 .66 \ 1 , 1 1 1 / h.* -I . 7--1. i , 11" SP 4 43 1 Â»96*-. 1 1 ill //- V 7--\ 'l 6/ * L- -- 733 >--*- , *,<~ I~ 1~ ~ 7904.9 C NOTES: INV. = 7906.3 Â°F 7904.73 1. BENCHMARK: ELEVATIONS SHOWN HEREON ARE BASED ON THE "CITY OF ASPEN DATUM 29" (BAS/S , 1<%M< FEET 10 0 10 FEET TOP OF ENCASED 2.5" ALUM. DISC "GPS-7" NEAR THE CENTER OF INTERSECTION OF WEST 11 Â»41(,0% ~ .---_.3< ,~ j,/ C \\1 Â»th-muh,S 75Â°097/',826?/NGs) 1+:*, \7400 GRAPHIC SCALE SURVEY DATED NOVEMBER 28, 1999 FILED IN CITY ENGINEERS OFFICE) - . 26" SPRUCE HOPKINS AVENUE AND SOUTH SIXTH STREET ELEVATION = 7929.88 FEET (PER BUETTNER, PLS \ II''Il'''ll /471- .-3 11 8.?- . -0 3 -U A /4/ \ 11 h I \ 75.00' \\31 7908Â·04 , 7908.13 \ 1 1 inch = 10 ft. 2. BASIS OF BEARINGS: THE BEARING SOUTH 75'09'11" EAST BETWEEN FOUND MONUMENTS AT THE 1 L.-.-- 1< 11 CONTOUR INTERVAL = 1 FOOT OF STRANDBERG LOT SPLIT WAS TAKEN AS THE BASIS OF BEARINGS SHOWN HEREON. 1 h.'- YARD / \ 3, THE BUILDING SETBACKS FOR NEW CONSTRUCTION SHOULD MEET CITY OF ASPEN ZONING (R-6) â‚¬92/6,9 , / . .... ./14Â·Ase@ALIT'~~..-, ~~-.,.. \ \ HYDRANÂ¥ , i~'~ ~ DIMENSIONAL REQUIREMENTS AND THE SUBDIVISION IMPROVEMENT AGREEMENT (PER REC. NO. 501427) NORTHWEST CORNER OF LOT 1 OF MCGARVEY SUBDIVISON AND THE NORTHEAST CORNER OF LOT 2 h \ 4/4. \/ 51'U. -,Â·(16.'PARKING ..1- : : 1 ~ h) CITY OF ASPEN PLANNING/BUILDING DEPARTMENT SHOULD BE CONSULTED PRIOR TO RESIDENTIAL 0 3 < 63\ j / \ \ 0~ FOUND NO. 5 N 750 4. THE SURVEY SHOWN HEREON WAS BASED IN PART ON THE TITLE COMMITMENT FILE #PCT22442L -/ HOUSE DESBN. L--J 1 4 \1 / REBAR AND 9 YELLOW PLASTIC 60 00, 8 DATED APRIL 27,2009 BY PITKIN COUNTY TITLE, INC. i 68,30. 1. / /1 CAP LS NO. 29030 5. THIS PROPERTY IS SUBJECT IN PART TO THE FOLLOWING: FND. TO RECORD 7908.3 ,~~ ~'~ 7908.22 ELEVATION = 7913.71 S 10Â°15'31" E VIEW EYE LEVEL AT ~ .0 \ A (AS PER THE EXCEPTIONS LISTED IN THE ABOVE MENTIONED TITLE COMMITMENT) Tr A /\ 171 0.12' A) RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN 1 ' 1 3-1 ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM / RECORDED IN BOOK 59 AT PAGE 370 PROVIDING AS FOLLOWS: "THAT NO TITLE SHALL BE HEREBY dI- 1 1 1 <'/ 2 COVENANTS RECORDED OCTOBER 18. 1982 IN BOOK 434 AT PAGE 194. (POSSIBLE FUTURE SIDEWALK Ji / f ~D /,f OR POSSESSION HELD UNDER EXISTING LAWS". (BOOK 59 AT PAGE 505 CONCERNS ANOTHER PROPERTY) FND. ENCASED 2.5" ALUMINUM DISC "GPS-7" MONUMENT NEAR THE , 1 k B) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN DECLARATION OF RESTRICTIVE CENTER OF INTERSECTION OF W. HOPKINS AVE. AND S. 6TH ST. / APPROXIMATE\ /- / ELEVATION = 7929.88' CITY OF ASPEN DATUM I j 24- CRAB / ~DRIP LINE i,-- -W*~-j 0 1 j j APPLE. 'N/- 4 1 // / 43 2 IMPROVEMENT DISTRICT) ~ ~/ % 4 LIMBS 0) et - 1( j w E..4 1/j C) EASEMENTS, RIGHTS OF WAY AND ALL MATTERS AS DISCLOSED ON PLAT OF SUBJECT PROPERTY 0 /9 \ 3> O -41Â·<211Â·~---- RECORDED OCTORER 18, 1982 IN PLAT BOOK 14 AT PAGE 1.(SUPERSEDED BY PLAT BOOK 70 AT PAGE 52) 43 | ~ 22* CRAS W |O N:-0 Frl / + 7907.96 30 1 / t"p~w'- 8 /9 LOT I L 4 < o/ 0 8 3 D) TERMS, CONDTIONS, PROVISIONS, OBUGATIONS AND ALL MATTERS AS SET FORTH IN ORDINANCE NO. 17, 01 \ AGREEMENT FOR THE MCGARVEY SUBDIVISION RECORDED SEPTEMBER 1, 2004 AS RECEPTION NO. 501427. 1 11 0 SERIES OF 2004 BY ASPEN CITY COUNCIL RECORDED SEPTEMBER 1, 2004 AS RECEPTION NO. 501426. Ill 7,500 SQ. FT. ge ..%/ 6 E) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN SUBDIVISION IMPROVEMENTS 0,172 AC. * m /W- A I 03 8% ? = (/7 0 5 O 0) F) EASEMENTS, RIGHTS OF WAY AND ALL MATTERS AS DISCLOSED ON PLAT OF SUBJECT PROPERTY 0. Â· /34bl 9 -31, RECORDED SEPTEMBER 1, 2004 IN PLAT BOOK 70 AT PAGE 52. CONIFER 00 i 1 1 le r..r-- GAS /3 N % 0 040 //tr /00 BUSH 7 &~ METER /1 * VE) I & \ A \ 0\ / \ 1 /*/S 0 1 8 1 0 A Â«: + 7907.73 , f \\. 04 VÂ» 0 'i/717. + 0 / 74 0 1 9% 0- LOT 2 0 / 1 zos fizz=:49 h / / LIGHT /2 60 4 71 72 - ~#>i~_~~C /4 1-j+ _%-A--4 4 C.$*EN , / / WELL / LU 43 1 2 p SURVEYOR'S CERTIFICATE: - l.</ 9 96 -7 0 2 "THE UNDERSIGNED HEREBY CERTIFIES TO JNM BLEEKER STREET, LLP, A FLORIDA LIMITED e /y -V- â‚¬ N h <--Â· 4-27 < THAT THE IMPROVEMENT AND TOPOGRAPHIC SURVEY TO WHICH THIS CERTIFICATE Â»Â·34Â»x r-1 /~/~ 10 5 /2 LIABILITY PARTNERSHIP, ROBERT W. AND LESLIE A. DAHL, AND PITKIN COUNTY TITLE, INC. IS ATTACHED, PREPARED BY THE UNDERSIGNED, A PROFESSIONAL LICENSED LAND REBAR AND*~ / Â£7 FOUND NO. 5.-,r 1 41~- ft--434\ /1/---- SURVEYOR, WAS ACTUALLY MADE BY INSTRUMENT SURVEY UPON THE GROUND, THE YELLOW PLASTIC/ SURVEY AND THE INFORMATION, 7.908.7*' - AP LS NO. 29G3 LC o f ~ CI 1\ 44 f -*3~ /ffÂ»in ----_ /\ - - 7909.30 0-0 - YARD LINES, ARE CORRECT; THE SIZE AND LOCATION OF ALL EXISTING COURSES AND DISTANCES SHOWN THEREIN, INCLUDING, WITHOUT LIMITATION, THE EXISTING ELEVATIONS AND CONTOURS, ALL SETBACK AND BUILDINGS, STRUCTURES AND IMPROVEMENTS ARE AS SHOWN, IF ANY". THE BOUNDARY f \ W L,02/ / 1 - ERROR OF CLOSURE IS BETTER THAN 1 - 10 000 ---- CT~-~-- --' -Out , N# 77-Lk / f \\44\ f th i -0 7909.25.00, vt--4 * ~ / 8 3 \4~\ 3 9undÂ»--- - -S-- --407.7- 4 -e : %- --9Â»ed.ay -- } DATED: IliGY jo? Bl gal/0) l81 /6<0 C. 48>794 (GRAVEL) WOOD FENCE 60.00' -CT\AlÂ· 7 ROBERT C. HUTTON, PLS #24312 0 4 U --0 -87,99 - 0- -1/ 0-0 ; p Z909.06 - UGEOL- - - - FOUND NO. 5 0.. , REBAR AND 1 4 N 75Â°09 //" .... -.-TELE - 7909:16 - -0 :< -L- .9- -- A , 0- YELLOW PLASTIC ~ B i 24312 -j .. f 9 344Â»-- AL - - -7 -cks 7 - - Tv *911 LEY 109.0 FND. TO RECORD r O CAP LS NO. 29030 7 -- ~Ijbg~rdE-3g, Littrs--- S 39Â°02' W B.. Â·, 4. - 4. IE 7 71908.68 Cywl' -1 - O.12' N.. A ' 1: 7 3>1*60 0 - - cfv.2 ---7908.46 CABLE TV AND i..Â·4 43Â·: --1 *----- Z Y TELEPHONE PEDESTAL - -67 -- LOCATION IMPROVEMENT a TOPOGRAPHIC SURVEY S 75Â°0911" E --- - FOftÂ» - -S_ - 412 22223] ? OF LOT 1 - MCGARVEY SUBDIVISION . 9 7.042.2 2 31Â§-9/N FILED SEPTEMBER 1, 2004 IN PLAT BOOK 70 AT PAGE 52 AS RECEPTION NO. 501429 PITKIN COUNTY OFFICIAL RECORDS (437 W. BLEEKER STREET) ASSESSOR PARCEL #2735-124-42007 ~ ELECTRIC TRANSFORMER CITY OF ASPEN PITKIN COUNTY COLORADO CABLE TV AND TELEPHONE PEDESTAL SCALE: 1" = 10' DATE: NOVEMBER, 2009 LOCATION NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL PINNACLE DESIGN CONSULTING GROUP, INC. ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION 0805 BUCKPOINTROAD BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN CARBONDALE, COLORADO 81623 YEARS FROM THE DATE OF THE CERTIFjCATION SHOWN HEREON. THE CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE SURVEYOR. (970) 963-2170 SHEET ONE OF ONE JOB #170-09 ........ --11/s- CONCRETE CURB â€žLO,+9.6Lt =VH : 1HSI3H