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HomeMy WebLinkAboutLand Use Case.CU.1265 Bunny Ct Duplex.A070-00 F~ 30~ f~ 4~ CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY A070-00 2735-122-08007 Bunny Court Duplex 1265 Bunny Court James Lindt Admin. ADU James H. Pugh Rick Halevy C/o Mitch Haas 6/15/00 Approved w/ Condition 6/30/00 J. Lindt w 130 S. Galena St. Aspen CO 81611 (970)920-5090 (970) 920-5439, fax ~t % -.1 n(gU1 pUcQuJ ^ Urgent ^ For Review L9-Please Comment ^ Please Reply ^ Please Recycle '4 _.,.R To: ~ ~ JCS From: ~S L _._I Fax: ~Q/ - '-' Pages: . Phone: pate; ~V Re: CC: f • Comments: RESIDENTIAL DESIGN CHECKLIST NOTIFICATION OF APPROVAL A. RESIDENTIAL DESIGN STANDARDS MET: The project located at has been reviewed by the City planning staff and has been found to be in compliance with the "Residential Design Standards" as adopted by Ordinance 20, Series of 1999. Planning Staff B. DESIGN REVIEW APPEAL BOARD REVIEW COMPLETED: The project located at has been reviewed by the Design Review Appeal Committee and has been found to be in compliance with the "Residential Design Standazds" as adopted by Ordinance 20, Series of 1999, with the exception of the standazds related which have been waived. Conditions of approval were _ or were not _ made by the Design Review Appeal Boazd. If conditions apply, the meeting minutes aze attached. Planning Staff THE ATTACHED REDUCED SIZE DRAWINGS, INITIALIZED BY THE PLANMNG STAFF MEMBER ASSIGNED TO THE CASE, REPRESENT THE PROPOSAL THAT HAS BEEN APPROVED AS DESCRntED ABOVE. ANY VARIANTIONS FROhI THESE PLANS WILL REQUHtE RE-REVIEW. MEMORANDUM TO: Rick Halevy From: James Lindt, City Planning Technician J (~ RE: 1265 Bunny Court Design Review Date: June 13, 2000 The following needs to be looked at before submittal for building permit in regards to the Residential Design Standards of our code: 1. A grading permit will be needed for driveway at the time of building permit. 2. Single stall garage doors must be utilized. 3. May need to add additional depth to one story porch to meet 26.410.040 (D)(1) (B). I could not tell exact dimensions from plans. 4. There are no windows allowed between 9 to 12 feet. Plans indicate windows between 9- 12' on front facade. 5. There are no lightwells in family rooms in basement. Needs to meet Universal Building Code Standards in regards to natural light. 6. Cannot determine inflection because plans do not show neighboring residences. 7. Cannot determine if it meets built-to-lines from plans. MEMORANDUM TO: Plans were routed to those departments checked-off below: O ....... .... City Engineer ~O/. . .... Zoning Officer 67....... .... Housing O ....... .... Pazks Department O ....... .... Aspen Fire Mazshal O ....... .... City Water O ....... .... Aspen Consolidated Sanitation District O ....... .... Building Department O ....... .... Environmental Health O ........ ... Electric Department O ........ ... Holy Cross Electric O ........ ... City Attorney O ........ ... Streets Department O ........ ... Historic Preservation Officer O ........ ... Pitkin County Planning TO: Cindy Christensen, Housing Authority FROM: James Lindt, Planning Technician Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone-920.5104 Fax-920.5439 RE: 1265 Bunny Court ADU Pazcel ID #2735-122-08-007 DATE: June 13, 2000 COMMENTS: Cindy, Please find attached an application for Administrative ADU Approval. The application appeazs to meet all of the design standazds. They will be registering their draft deed restriction with you soon. Please let me know when they have registered the deed restriction so that we may issue them a development order. If you have any questions or concerns regarding this application please let me know. The Applicant is writing me a letter to confirm to me that there is no interior door into the main duplex. Please return comments to me by June 23`d Thanks, James CITY 01= ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNrR: f KQJFCT: REPRL•,S P.l~'TATI V G: 0\4^,~;ER: James Lindt. 9?0.~ 104 ADU's in 2 in K• I i, t ii) R•G Bobby Long n,aTl: 5.s.on TYPE OP' Al'1'LICATIU~I: Accessory Dwzlling knit DBSCRIPTIUiV: AtiminislrriivoADll Land Use Code Section(s) 26.520 Accessory Dwelling Units 26.304 Development Review Procedures "- i" c. s°t.., , ~;:. Revie~c by: Staff fur complztz application, referral a4enclcs for technical con,idzrations, Community Development Director for final approval. f?ublic Hearing: No. Referral Areneies: filtgincerin;; 1?tanning Pecs: Planning Deposit $43U Referral t\gcncy Fccs: Housing Rzfzrral ~ 170 Total DcposiC ~(iJO per ADU Applirtiiun To apply, submit the fallowing information: 1. 'I'olal Ucpnsit fur review of applic:LLiun. - ?. :\pplicanPs name, address and lcluphont numbe[, contained within a Iet[a' signed by the applicant stating llm name, uddres>, and telephone number of th~a rcpresenlative authorized m act on behalf of the applicant. 3. The street ndJress and legal (lescriplion of tha parcel nn which dcvclopntcnl ii proposed :n occur. d. A tlisclosurc ol'awneri;hip of the parcel nn which dcvclopntcnl is proposed U) occur, con;;isting of a current ccrtiticate f ram a title iusurmce company, or attorney licensed to practice in the SltitC of Colorado, li>ring [he narocs of all owners of the prrperty. ;u~ ~ all morteaees,judentents, liens, casements, conlracAS and agrecmenU afl'ectim; the parcel. and dcntonstrating the otener'', rigL•I to apply for the Ucvelopmcm Application. :. An 8 li"_"' .e I I" vicinity map locating the st: njeet pm'ce! within the Cily ol'Aspen. G. A site improvement survey indudine topographyand vcgc:mion showing the current 8t:u„s ol'tbm parcel certified b}' a rcgisterad land sun~oyor, liun<od iu the titnto of Colorado. (This rcquircmatt, ur any part thereof: maybe waived by the Cmmt:mtit}~ Ua?~c!opsat L)cparlment ii the pnr~cct is determined not to w~arr;mt a survey documant.) 7. A~ site plan dcpictin~ the proposed Paynut and the project's p!ty.<.ical relmionship to the It;~,d and iCs surnnm(lingi:. S. A wri llCil (IfSCrip[i0n Of the proposal and a written cxpkmtdion ol'ho?v a proposed davei~ pmcnt complies with the rccicw• st:mdar(Is rclevimt to the develapment application. 9. Sca!cd floor plans and Cleealions for the proposed Accassnry Uwclling Unit. i o. 2 Copies of the romplclc applictuion packet (il~m:¢ 2~8) for each Process; ,lprrly. I'lanncr reviews case fat completeness and Sends to I Inusina I'nr rM'crral comments. Case f tanner is aGSigncd lu the ce>c. C~(~e Planner contacts applicant and scu up :+situ visit. Staff review's applicatieu to dutcnninu if it meets design cntaria far an Accessory UwrlfinG Unit. C;rsc Planner makes recommendation of approvtd or denial to Canmunity nevelopmcnt Uircotor. If approved, applicant is nutilicd and mii>I reoistar the decd n+slriclion with the Housing Autlwrity. ,11'tar confirmation of the registration of thn died nMiriction, tha Community Uov:!opiucnl t_l~p:trhncnt x ill issue a devulapntent alter. U iSClalnlC l': Th: foregoing summary is advisory in nanrc only an(1 is not binding Ou the City. The summary is based on current zoning, w!:idt is subjctt to chvtec in the nt(uro, clad upon factual representations [hat may or may not be accur:uc. Thu summary (fogs not cre;ae Itgal or vested ri;hta EMERS CONSTRUCTION, INC. PACSIMILL• TRANSMITTAL SI•I~L'T ~ . ./~~ 1 v~ I~1tQNl: COMPANY: ' ---- DAT(~; ~/3Jv~ I~AXNUMI1GIto 701'ALNO.OP1'ACL•:;INCLUDIN~00VCR: ~'7d q~p _ S~~ a'Z I'l10NC NUMUIJt: SCNDCR'S RLI'C1tLNCL' NUMUL'lt: k'L• YOUR ItCtGtCNCG NUMUIJL• ~~~~ ^ URGENT Q POR RL'VIGW ~ PLGASL• COMNIL'NT O PLEASE' RGPLY ^ PLGAS:S 1tL'CYCLL' NO71iS/COIdMLNl5: ~oz rnltx rowT DR lizos GOLDEN, CO 80401 ' • YliONG: 303-52b-9500 CALIFORNIA: 40&5911035 PAX:303.526-7700 Z00/T00'd 08L9# OfII NOIIORHISN00 SH3t33 ODL6-9Z4-£OE 00~9T OOOZ.£1'xnr DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. James H. Pugh 359 Carolina Ave. Winter Park FL 32789 Property Owner's Name, Mailing Address and telephone number Lot 11, Block 1, Snowbunny Subdivision Legal Description and Street Address of Subject Property Written Description of the Site Specific Plan and/or Attachment Describing Plan Administrative Approval, 6/15/00 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) July 12000 Effective Date of Development Order (Same as date of publication of notice of approval.) Julv 2 2003 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this IS` day of July, 2000, by the City of Aspen Community Woods, Community Development Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot 11, Block 1, Snowbunny Subdivision by Administrative Decision of the Community Development Director numbered on June 15, 2000. For further information contact Julie Ann Woods, at the Aspen/Pitkin Community Development Dept.,130 S. Galena St, Aspen, Colorado (970) 920-5090. s/City of Aspen Account Publish in The Aspen Times on July 1, 2000 Notice of Decision Accessory Dwelling Unit James H. Pugh, owner of a property located at 1265 Bunny Court, Parcel Identification Number 2735-122-08-007, has applied for administrative approval of an Accessory Dwelling Unit (ADU). The Community Development Director shall approve, approve with conditions, or deny a land use application for an Accessory Dwelling Unit pursuant to Sections 26.20 and 26.304 of the Aspen Municipal Code if an application is found to be consistent with the following review criteria: 1. The proposed Accessory Dwelling Unit meets the requirements of Section 26.520.050. Design Standards. 2. The applicable deed restriction for the Accessory Dwelling Unit has been accepted by the Aspen/Pitkin County Housing Authority and the deed restriction is recorded prior to an application for a building permit. COMMUNITY DEVELOPMENT DIRECTOR DECISION The Community Development Director finds that the Accessory Dwelling Unit to be consistent with the review criteria, and hereby approves the ADU on this 15`x' day of June, 2000 with the following conditions: I. The applicable deed restriction for the ADU be accepted by the Aspen/Pitkin County Housing Authority and is recorded prior to an application for a building permit. 2. The natural light for the subgrade unit complies with the Uniform Building Code requirements related to natural light. 3. The ADU complies with the recommendation comments set forth by the Aspen/Pitkin County Housing Authority in their referral comments. Ann Woods, Community Development Director EXHIBITS Exhibit A: Accessory Dwelling Unit Design Standards Checklist Exhibit B: Housins Authority Referral Comments Exhibit C: ADU Application and Site Plan EXHIBIT A Case No. A070-00 Parcel ID No. 2735-122-08-007 Zone District R-15 Reviewed By James Lindt Date June 15, 2000 Accessory Dwelling Unit Design Standards Checklist 26.520.050 Design Standards All ADUs shall conform to the following design standards unless otherwise approved, pursuant to Section 26.520.080, Special Review: An ADU must contain between 300 and 800 net livable square feet, 10% of which must be a closet or storage area. An ADU must be able to function as a separate dwelling unit. This includes the following: a) An ADU must be separately accessible from the exterior. An interior entrance to the primary residence may be approved by the Commission, pursuant to Special Review; b) An ADU must have separately accessible utilities. This does not preclude shared services; c) An ADU shall contain a kitchen containing, at a minimum, an oven, a stove with hvo burners, a sink, and a refrigerator with a minimum of 6 cubic feet of capacity and a freezer; and, d) An ADU shall contain a bathroom containing, at a minimum, a sink, a toilet, and a shower. One parking space for the ADU shall be provided on-site and shall remain available for the benefit of the ADU resident. The parking space shall not be stacked with a space for the primary residence. An ADU shall be located within the dimensional requirements of the zone district in which the property is located. The roof design shall prevent snow and ice from shedding upon an entrance to an ADU. If the entrance is accessed via stairs, sufficient means of preventing snow and ice from accumulating on the stairs shall be provided. ADUs shall be developed in accordance with the requirements of this title which apply to residential development in general. These include, but are not limited to, the Uniform Building Code requirements related to adequate natural light, ventilation, fire egress, fire suppression, and sound attenuation between living units. This standard may not be varied. ]~ All ADUs shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26.520.070 Deed Restrictions. This standard may not be varied. SUN. 14.2000 12~42PM RSPEN HOUSING OFC N0.472 P.1 MEMORANDUM TO: James Lindt, Community Development DopartmeM FROM: Cindy Christensen, Housing Office DATE: June 14, 2000 RE: 1286 Bunny CourtADU Review Parcel ID No. 2735-122-08-007 ISSUE: The applicant is requesting approval to construct an accessory dwelling unit within asingle-family home, BACKGROUND: According to Section 26,520, Accessory Dwelling Unlta, accessory dwelling units shall conform to the following conditions: 1. the unit shall contain not less than 300 square feet or not more than 700 squaro feat; 2. the unit shell be deed restricted meeting the Housing {uthority's RO guidelinos; 3, H the unrt is rented, ft ahap be limited to rental periods of not less than six months In duration; and 4. one parking space shall bo provided orrsite for each studio unit, and for each bedroom within a ono- or two-bedroom accessory dwelling unit; The kitchen moat also contain at (oast a two-bumer stove with oven, a standard•size sink, and at least asix-cubic foot refrigerator plus freeaer; and a deed roahiction must be placed on the unit prior to building permit approval. RECOMMENDATION: Staff recommends approval of the accessory dwelling unit as long as the following conditions are met: 1, wndPdone 1 through 4 stated above; 2. the kitchen contains at least atwo-twmer stove with oven, a etandarcl-size sink, and at least asix-cubic foot refrigerator, 3, deed restriction filed and recorded PRIOR to building permit approval; 4. the natural IIgM for the aubgrade unit complies with the UBC; and 5. a site visit prior to Certlflcate of Occupancy. dc:h~wordlrokrtal~puphedu.doe z~ ~. a JI ~~ ~~o z•d 0 ~ `~= LU1 e e LaJI ra 4 i T II p L D0 J ~C m j T~ ; _ 17-11? QED ¢~c ~ r ` <_ Z au ~a 0 Q~ 'a f 49~ a ~~C TgW S f~ iQ' 'i ~ ~ ~ ~~~ t_~ J S es ~ ~ 4 ~ ~~~~ -- ~ VV I ~~~-~ a ~~ ~~ OL66-649-EOE ~auueid pue s~aaRto~y NOd e64~60 00 Ld i~C b'd OL66-649-EOE ~auueid pu¢ sloaztauy NOd QOS~60 00 LZ i~C g~~~~ ~ ~ ~ `~ ~ ~~~~~~~ E'd OL86-6b9-EOE ~auuejd pue szoazio~ d MPId enR:Rn nn i~ rnr ~~~ FML•RS CUN57RUC'rIC~N INC.ORPURATI:U nqr P:uk Pmni Ih lce, Soilc IUx, f~oldrn, CU xIHtlI I l0l) 52n-951H7 • IYtS (SO SI 'i2n gANI June 13, 2000 Aspen Pitkin Community Development 130 S. Galena Aspen, Colorado £31611 Attention: ]amts Lindt, City Planning Tech. Deaz James, Per our telephone conversation today regarding 1265 Bunny Court. This residence will not have any direct access to the ADU unit it will only be accessible frotn the exterior. Sincerely, Rick I.. Hulevy, President ATTACHMENT 3 MINIMUM SUBMISSION CONTENTS Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address and legal description of the pazcel on which development is proposed to occur. A disclosure of ownership of the pazcel 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 pazcel, and demonstrating the owner's right to apply for the Development Application. An 8 I/2" x 11"vicinity map locating the subject parcel within the City of Aspen. A site improvement survey including topography and vegetation showing the current status of the pazcel certified by a registered land surveyor, licensed in the State of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 6. A site plan depicting the proposed layout and the project's physical relationship to the land and it's surroundings. 7. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. ATTACHMENT 5 Review Standards: Development of an Accessory Dwelling Unit When considering a Development Application for an Accessory Dwelling Unit, the Community Development Director shall consider whether all of the following standards aze met. The application must include a written response to each of these review standazds. An Accessory Dwelling Unit must contain between 300 and 800 net livable squaze feet, with 10% of that being closet or storage azea. The Accessory Dwelling Unit must be able to function as a separate dwelling unit. Criteria for this is as follows: a. The Accessory Dwelling Unit must be sepazately accessible from the exterior. b. The Accessory Dwelling Unit must have sepazately accessible utilities. c. The Accessory Dwelling Unit must have a kitchen with an oven, stove with two burners, a sink, and a refrigerator with a freezer and a minimum capacity of six cubic feet. d. The Accessory Dwelling Unit must contain a bathroom with a sink toilet and shower. An Accessory Dwelling Unit must have one on-site pazking space for the ADU which can not be stacked with a space from the primary residence. 4. The Accessory Dwelling Unit must be within the dimensional requirements of the zone district in which it is located. 5. The roof design will prevent snow and ice from shedding upon an entrance to an Accessory Dwelling Unit. . 6. If the Accessory Dwelling Unit is accessible via stairs, sufficient means of preventing snow and ice from accumulating in the stairs. The Accessory Dwelling Unit must be the Uniform Building Code requirements for natural light, ventilation, fire egress, fire suppression, and sound attenuation between living units. The Accessory Dwelling Unit must be registered with the Aspen/Pitkin County Housing Authority and the property shall be deed restricted. ASPEN/PITICIlY COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Ciri of Aspen Development Application Fees ~ ~~ CITY OF ASPEN (hereinafter CITY) a (herehtafter APPLICANT) AGREE AS APPLICANT has submitted to CITY an application for 7J ]~/ p ~ t(~ (-, _~~~/~°~ (hereurater, THE PROTECT). ?. APPLICANT understands and agrees that City of Aspen Ordinance No. 45 (Series of 1999) establishes a fee structure for Land Use applications and the pavment of all processing fees is a condition precedent to a de[ennination of application completeness. ~. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time t,~ ascertain the full extent of the costs involved in processing the application. APPLICANT' and CITY further agree that it is in [hc interest of the parties that APPLICANT make payment of an initial deposit and to thereatier permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional osts may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining ,realer cash liquidity and will make additional payments upon notification by [he CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its foil costs ro process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for C[TY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or Ciry Council to make legally required fmdings for project consideration, unless current billings are paid in fullprior to decision. ~. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prier to a determination of applicati n completeness, APPLICANT shall pay an initial deposit in the amount of S ~j~_ which is for /~/~ 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 fur the i rocessing of the application mentioned above, including post approval review. Such periodic payments shall be made widtin 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building pc~mia be issued until all costs associated writ case processing have been paid. CITY OF ASPEN B „(/ It ,,./, Julie Ann Woods Community Decclopment Director g:lsupportlforms\agrpayas.doc (2/:7/99 APPLICANT Bv: V L~ Datc:~j~ t~o Moiling Address: s ~~~ ~o . ~~ ~~1 VSnO . - 5 ~~ 13 ~~ of Ln 13A ~ ~~~\ 01900 Ma pQ uest.mm, Inc.; 01889 GDT, Inc. Vicinity Map 0~300m 900f[ ~-. X265 av-~a~ CT Memorandum 'WN Architects and Planners, Ltd, 9250 E. Costilla Ave. Suite 440 Englewood Colorado 80112-3647 (3031649-9880 Fax~(3031649-9870 pwnard(g~pwnarchitects com To: Aspen/Pitkin Community Development 130 S. Galena St. Aspen, CO Attention: James Lindt From: Bobby Long Date: June 6, 2000 Project: Bunny Court Duplex RE: ADU/ Design Review Submittal Please find the attached scaled drawings for the proposed duplex on Lot 11, Block 1, of the Snowbunny Subdivision. I have included a detailed breakdown of the F.A.R. calculation for your convenience. Also, the ADU conforms to the following: 1. The overall unit is approx. 465 net livable square feet with approx. 48 square feet (10°/a) of closet area. 2. The unit has a separate entry door accessible by a private covered exterior staircase as well as access within the unit. 3. The kitchenette within the unit has a (2) burner stoveloven, a sink, and an under-counter refrigerator. 4. The bathroom is provided with a lavatory with cabinets beneath, a toilet, and a bathtub with a shower fixture. 5. The utilities for the unit shall be located in the mechanical room adjacent to the unit and accessible from within the unit. 6. A parking space is provided in front of the duplex for the specific use of the ADU. A walk will be provided from the parking space to the stairway accessing the ADU from the exterior. 7. The roof is designed such that the stairway is protected from snow, water and ice runoff or builup. (Reference attached elevations) 8. The ADU will meet all requirements as established by the Uniform Building Code, including egress, fire suppression, ventilation, natural light, and sound attenuation. 9. The ADU will be registered with the Aspen/Pitkin County Housing Authority and the property will be deed restricted. 1 request that you also review the design in accordance with the Design Review requirements. Please call me at 303-649-9880 with any questions or comments. /.. it COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: April 3, 2000 at 8:30 AM 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-Form 1992 Proposedlnsured: JAMES H. PUGH JR. (b) ALTA Loan Policy-Form 1992 Proposedlnsured: Case No. PCT15078C2 Amount$ 1,350,000.00 Premium$ 1,444.00 Rate: Re-Issue Amount$ 0.00 Premium$ 0.00 Rate: Tax Certificate: $10.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: MELVIN B. EAGLE and LEATRICE S. EAGLE 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOT 11, BLOCK 1, SNOWBUNNY SUBDIVISION, according to the Plat thereof recorded May 2, 1957 in Ditch Book 2A at Page 229. PTTKIN COUNTY Tfl'LE, INC. 601 E. HOPKINS ASPEN, CO. 81611 970-9?5-1766 970-925-6527 FAX AUTHORIZED AGENT Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. SCHEDULE B -SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: 1. Release by the Public Trustee of the, Deed of Trust from :MELVIN B. EAGLE and LEATRICE S. EAGLE to the Public Trustee of the County of Pitkin for the use of :CHASE MANHATTAN MORTGAGE COMPANY original amount : $ 588,000.00 dated :October 26, 1998 recorded :November 2, 1998 reception no. :424051 2. Duly executed and acknowledged Deed, From :MELVIN B. EAGLE and LEATRICE S. EAGLE To :JAMES H. PUGH JR. 3. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. 4. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 5. Completion of Form DR 1079 regarding the witholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) 6. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) ~ f SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded in Book 55 at Page 45. 8. Easements, rights of way and all matters as disclosed on Plat of subject property recorded May 2, 1957 in Ditch Book 2A at Page 229 and as shown on Survey recorded August 9, 1999 in Plat Book 50 at Page 71. 9. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Snowbunny Subdivision recorded May 2, 1957 in Book 181 at Page 255 and Assignment of Powers recorded October 13, 1965 in Book 216 at Page 96. o.. ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2; NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominim or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT15078C2 A and B are attached. EMERS CONSTRUCTION INCORPORATED 602 Park Point Drtve, Suite 208, Golden, CO 80401 (303) 526-9500 • FAX (303) 526-9700 r .~w.P~~("^"1 { ... r .. JUN 200 ~,~,-,-~~ t r~,-~.•at June 13, 2000 _. Aspen Pitkin Community Development 130 S. Galena Aspen, Colorado 81611 Attention: James Lindt, City Planning Tech. Dear James, Per our telephone conversation today regarding 1265 Bunny Court. This residence will not have any direct access to the ADU unit it will only be accessible from the exterior. Sincerely, Rick L. Halevy, President COMMUNITY DEVEI,OpMENT DEPARTMENT 130 South Galen a Street ~ Aspen, Colorado 81611 ~ (970) 920-5090 i City of Aspen Land Use: 1041 Deposit - -1 .4~' ,.,: 1042 Flat Fee._..r.:.~ ~j ~ 1043 HPC 1046 Zoning and Sign i Referral Fees: +~ 1 163 City Engineer i 1205 Environmental Health 1190 Housing /~~'r r Building Fees: f 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire Other Fees: 1006 Copy 1302 GIS Maps 1303 GIS Fee 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1164 School District Land Ded. TOTAL ,,! ~ "-,7 ~ r:.= ~ GJ~jJ/ NAME: -- i ~_ ADDRESS/PROJECT: PHONE: CHECK# CASE/PERMIT#: ~ .. _ # OF COPIES: DATE:_ °~ :,