HomeMy WebLinkAboutLand Use Case.CU.1265 Bunny Ct Duplex.A070-00
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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
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130 S. Galena St.
Aspen CO 81611
(970)920-5090
(970) 920-5439, fax
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• 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:
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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
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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.
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GOLDEN, CO 80401
' • YliONG: 303-52b-9500
CALIFORNIA: 40&5911035
PAX:303.526-7700
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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.
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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
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_~~~/~°~
(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
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APPLICANT
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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
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JUN 200
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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 ~
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NAME: --
i
~_
ADDRESS/PROJECT:
PHONE:
CHECK#
CASE/PERMIT#: ~
.. _ # OF COPIES:
DATE:_
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