HomeMy WebLinkAboutLand Use Case.CU.1420 Red Butte Dr.A70-93CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 12/09/93 PARCEL ID AND CASE NO.
DATE COMPLETE: 2735- 013 -02 -007 A70 -93
STAFF MEMBER: LL
PROJECT NAME: Bellock Conditional Use Review for an ADU & Stream
Margin Review
Project Address: 1420 Red Butte Drive
Legal Address: Lot 6 Block 1 Red Butte Subdivision
APPLICANT: Chuck Bellock 442 -2299
Applicant Address: 1400 28th St Ste. 1 Boulder, CO 80303
REPRESENTATIVE: Rob Okazaki Ted Guy Assoc.
Representative Address /Phone: Box 1640
Basalt, CO 81621 927 -3167
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FEES: PLANNING $ 942 # APPS RECEIVED 3
ENGINEER $ 93 # PLATS RECEIVED 3
HOUSING $
ENV. HEALTH $
TOTAL $1035
TYPE OF APPLICATION: STAFF APPROVAL:_ 1 STEP
`
P &Z Meeting Date PUBLIC HEARING:
VESTED RIGHTS:
CC Meeting Date
DRC Meeting Date
. X 2 STEP:
YES NO
YES NO
PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
REFERRALS:
City Attorney.
Parks Dept.
School District
City Engineer
Bldg Inspector
Rocky Mtn NatGas
5C Housing Dir.
Fire Marshal
CDOT
Aspen Water
Holy Cross
Clean Air Board
City Electric
Mtn. Bell
Open Space Board
Envir.Hlth.
ACSD
Other
Zoning
Energy Center
Other
I L
SW
I i
DATE REFERRED: I
- - - - --
INITIALS_
-- -- - -'
-3
-- -DUE_
- - - - --
FINAL ROUTING:
DATE ROUTED
City Atty _ City Engineer
Housing Open Space
FILE STATUS AND LOCATION:
_Zoning _Env. Health
Other:
J
377521 B -770 P -328 1/27/94 09:24A PG 1 OF 4 REC DOC
SILVIA DAVIS PITKIN COUNTY CLERK R RECORDER 20.00
1 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
GRANTING CONDITIONAL USE APPROVAL FOR AN ATTACHED
ACCESSORY DWELLING UNIT WITHIN A SINGLE FAMILY RESIDENCE
AND STREAM MARGIN REVIEW AT
1420 RED BUTTE DRIVE (BLOCK 1, LOT 6,
RED BUTTE SUBDIVISION) FOR CHUCK BELLOCR
Resolution No. 93-
WHEREAS, pursuant to Section 24 -5 -510 of the Aspen Land Use
Regulations accessory dwelling units may be approved by the
Planning and Zoning Commission as conditional uses in conformance
with the requirements of this Section; and
WHEREAS, the Planning Office received an application from
Chuck Bellock, represented by Stan Mathis, for a Conditional Use
review for an approximately 475 sq.ft. accessory dwelling unit
within the second floor of the proposed single family residence;
and
WHEREAS, the new single family residence is replacing an
existing residence on the parcel and the accessory dwelling unit
is being provided as affordable housing mitigation as required by
Ordinance 1, Series 1990; and
WHEREAS, the proposed unit is 100% above grade, therefore the
site is eligible for an FAR bonus pursuant to Section 24 -3 -101; and
WHEREAS, the new single family residence is subject to Section
24 -7 -504 Stream Margin Review because it is located within 100 feet
from the high water line of the Roaring Fork River; and
WHEREAS, a public hearing was conducted on February 15, 1994,
at a regular meeting of the Aspen Planning and Zoning Commission,
in which the Commission considered the applicant's request and
voted 4 -0 for, approval with conditions.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Bellock Stream Margin Review and Conditional Use for an
approximately 475 sq.ft. net livable accessory dwelling unit is
approved, subject to the following conditions:
1. The owner shall submit appropriate deed restrictions to the
Aspen / Pitkin County Housing Authority for approval. The
accessory dwelling unit shall be deed restricted to resident
occupancy with a minimum six month lease. Upon approval by
the Housing Authority, the Owner shall record the deed
restriction with the Pitkin County Clerk and Recorder's
Office.
2. Prior to issuance of any building permits, a copy of the
/i recorded deed restriction for the accessory dwelling unit must
be forwarded to the Planning Office.
r
377521 8 -770 P -329 12/27/94 09:24A PG 2 OF: 4
Resolution #94 -_
Page 2
3. The accessory dwelling unit shall be clearly identified as a
separate dwelling unit on building permit plans and shall
- comply with U.B.C. Chapter 35 sound attenuation requirements.
4. During building permit plan review, the Zoning Enforcement
Officer shall make the final determination that the unit meets
the minimum size requirement of 300 sq.ft. net liveable as
defined in the Housing Authority Guidelines. The accessory
dwelling unit cannot be less than 300 sq.ft.
5. As recommended by the City Engineer, the applicant shall
comply with the following conditions:
a. The applicant shall sign and execute a sidewalk, curb,
and gutter agreement with the City Engineer prior to the
issuance of any building permits.
b. The applicant shall designate parking spaces, the
pedestrian walkway space in the public right -of -way,
fisherman's easement, building envelope, and the trash
area on the final development plan, prior to issuance of
any building permits. Once this final development plan
l is approved by the Engineer and Planning Office's it
J shall be filed with Pitkin County Clerk and Recorder's
Office..
C. The applicant shall obtain an encroachment license for
the fence which encroaches into the public right -of -way
or relocate the fence onto private property, prior to
issuance of any building permits.
d. The applicant shall consult city engineering (920 -5080)
for 'design considerations of development within public
right -of -ways, parks department (920 -5120) for vegetation
species, and shall obtain permits for any work or
development, including landscaping, within public rights -
of -ways from city streets department (920- 5130).
e. A drainage plan prepared by a registered engineer shall
be submitted to and approved by the City Engineer, prior
to issuance of any building permits.
6. The Zoning Enforcement Officer shall ensure that erosion
fencing and geogrids are in place prior to any earthmoving
activities. Erosion fencing and geogrids shall be erected
immediately adjacent to the construction envelope during all
phases of construction. No construction equipment is
permitted outside the northern edge of this envelope. This
shall prevent any construction debris, soil, rock or
vegetation from impacting the stream bank and river.
377521 8 -770 P -330 12/27/94 09:24A PG 3 OF 4
Resolution #94-
Page 3
7. No existing vegetation, other than turf, shall be removed
between the building envelope and the river.
8. A fisherman's easement must be filed with the Pitkin County
Clerk and Recorder, prior to the issuance of any building
permits. This easement shall include the land area under the
Roaring Fork River, and on land, a five foot distance measured
horizontally from the high water line.
9. Prior to removal of any trees, the applicant shall obtain a
tree removal permit from the Parks Department. The applicant
is required to either guarantee that the trees survive for up
to two years after relocation or, should they die, that they
are replaced with comparable trees. Excavating around
existing trees will need to be done outside of the dripline
of all trees.
10. For new landscaping and irrigation, the applicant shall comply
with Ordinance 37, Series 1991 for Water Conservation. This
includes protecting existing trees outside of the envelope,
replant with wildflower and native grasses on disturbed areas
of the site, and limit urban turf treatments that could
1 adversely affect the river.
l 11. Prior to the issuance of any building permits, the applicant
shall record either the amended Homeowner Covenants or waiver
of the Homeowner Covenants which permit an accessory dwelling
unit on Lot 6 of the Red Butte Subdivision. If an amendment
or waiver from the Covenants cannot be obtained, the applicant
shall pay the cash -in -lieu requirements.
12. The applicant shall relocate the proposed patio at least 10
feet back from the top of the stream bank in order to increase
the buffer zone between the river and development.
13. All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other
conditions. The site shall be periodically checked by the
Zoning Enforcement Officer to enforce all conditions of this
approval.
APPROVED by the Commission at its regular meeting on February
` 15, 1994.
Resolution #94 -_
/I Page 4
Attest:
4 3 Carney,
Deputy City Jerk
1
Plaannn /ing an Zoning Co ission:
/x .
W. Bruce Kerr,
Chair
377521 B -770 P -331 12/27/94 09:24A PG 4
OF 4
•' '_II 11T
TO: Aspen Planning and Zoning Commission
RE: Red Butte Lot 6 Stream Margin Review and Conditional Use
for an Affordable Dwelling Unit
FROM: Mary Lackner, Planner
DATE: February 15, 1994
------------------------------------ ---------------------------
SUMMARY: The Planning Office recommends approval of the Red Butte
Lot 6 Stream Margin Review and Affordable Dwelling Unit with
conditions.
APPLICANT: Chuck Bellock, represented by Rob Okazaki of Ted Guy
Associates.
LOCATION: Lot 6, Block 1, Red Butte Subdivision, 1420 Red Butte
Drive.
ZONING: The lot is approximately 34,900 square feet and is located
within the R -30 zone district.
APPLICANT'S REQUEST: The applicant is seeking stream margin review
to construct a new residence on the property and conditional use
review to build an affordable dwelling unit. Both requests may be
granted by the Planning and Zoning Commission at a public hearing.
REFERRAL COMMENTS: Staff has received referral comments from the
City Engineer, Parks Department and Housing Office. These comments
are included as exhibits to this memo and comments are incorporated
into the appropriate review sections.
STAFF COMMENTS: The applicant is proposing to demolish an existing
single family residence and replace it with a new structure. All
development is located adjacent to the Roaring Fork River. Section
8-401(A) (1) (c) (1) requires that an accessory dwelling unit or cash -
in -lieu be provided with the new dwelling unit. Therefore, this
review contains Stream Margin review for the new residence and
Conditional Use review for an accessory dwelling unit.
Section 24- 7- 504(C) Stream Margin Review
1. It can be demonstrated that any proposed development
which is in the Special Flood Hazard Area will not
increase the base flood elevation on the parcel proposed
for development.
Response: The proposed development is not within a Special Flood
Hazard Area. The proposed development is proposed to be within
two feet above and ten feet horizontally from the 100 -year
floodplain elevation.
2. Any trail on the parcel designated on the Aspen Area
Comprehensive Plan: Parks /Recreation /Open Space /Trails
Plan map is dedicated for public use.
Response: The AACP identified the northern side of the Roaring
Fork River as an open space and trail corridor. There are no
trails designated on this property. The Parks Department, Planning
Office and City Engineer request that the applicant dedicate a
fisherman's easement along the edge of the river.
3. The recommendations of the Roaring Fork Greenway Plan are
implemented in the proposed plan for development, to the
greatest extent possible.
Response: The Greenway Plan establishes goals for protecting the
natural river corridor. The natural character of the area should
be maintained for the benefit of those who see the area from the
Rio Grande Trail.
Following a site inspection by staff, it appears that the majority
of riparian vegetation along the stream bank has been removed. In
an effort to maintain the natural vegetation found along rivers,
staff recommends landscaping requirements including protecting
existing trees outside of the envelope, replant with wildflower and
native grasses on disturbed areas of the site, and limit urban turf
treatments that could adversely affect the river.
Staff further recommends that the proposed patio be relocated a
minimum of 10 feet back from the top of the stream bank in order
to increase the buffer zone between the river and development.
4. No vegetation is removed or slope grade changes made that
produce erosion and sedimentation of the stream bank.
Response: The applicant offers that no erosion will take place
because of construction or slope changes. Moving the patio back
from the top of the stream bank will reinforce this requirement.
5. To the greatest extent practicable, the proposed
development reduces pollution and interference with the
natural changes of the river, stream or other tributary.
Response: The river channel will not be directly affected by this
proposal.
6.' Written notice is given to the Colorado Water
Conservation Board prior to any alteration or relocation
of a watercourse, and a copy of said notice is submitted
to the Federal Emergency Management Agency.
Response: Not applicable.
K
7. A guarantee is provided in the event a water course is
altered or relocated, that applies to the developer and
his heirs, successors and assigns that ensures that the
flood carrying capacity on the parcel is not diminished.
Response: The applicant will be required to obtain a new stream
margin review if the watercourse is being altered or relocated.
Should such a request be made, this requirement will be applied at
that time.
8. Copies are provided of all necessary federal and state
permits relating to work within the one - hundred -year
floodplain.
Response: No work is proposed within the 100 -year floodplain,
therefore this requirement is not applicable.
Section 24 -7 -304 Conditional Use Review
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan,
and with the intent of the zone district in which it is
proposed to be located; and
Response: The proposed dwelling unit has the potential to house
local employees, which is in compliance with the Aspen Area
Community Plan and the underlying zone district.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the mixture
of complimentary uses and activities in the immediate vicinity
of the parcel proposed for development; and
Response: The covenants of the Red Butte Subdivision do not permit
any accessory dwelling units. The applicant has submitted
correspondence which indicates that the covenants are in the
process of being amended to permit accessory dwelling units within
the subdivision. The City has approved two accessory dwelling
units within the Red Butte Subdivision.
City Attorney, John Worcester has advised staff that prior to the
issuance of any building permits, the applicant shall record the
amended Homeowner Covenants which permit accessory dwelling units
within the subdivision.
The unit will not be visible as a distinct unit from the exterior
of the residence.
C. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects,
including visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties; and
Response: The accessory dwelling unit will be completely contained
within the proposed residence. Parking spaces are not indicated
on the site plan. The final development plan must indicate the
appropriate number of parking spaces for the development. However,
no parking is required to be provided for the accessory dwelling
unit.
As per past P &Z concerns, a recommended condition of approval
requires that the unit be identified on building permit plans as
a separate dwelling unit requiring compliance with U.B.C. Chapter
35 for sound attenuation. The applicant has proposed a roof design
that will shed snow away from the ADU's entrance.
Staff has requested that a pedestrian area be provided by the
applicant along the right -of -way of Red Butte Drive. This
pedestrian area shall be indicated on the final development plan.
D. There are adequate public facilities and services to serve the
conditional use including but not limited to roads, potable
water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services,
drainage systems, and schools; and
Response: All public utilities are adequate and in place
throughout the neighborhood and for the proposed residence and ADU.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use; and
Response: The proposed ADU will satisfy the requirements of 24-
8-401(a)(1)(C)(1) for a demolished and replaced single family
residence. The applicant must file the appropriate deed
restrictions for resident occupancy, including a six month minimum
lease. Proof of recordation must be forwarded to the Planning
Office prior to issuance of any building permits.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Community Plan and
by all other applicable requirements of this chapter.
Response: This use complies with the Aspen Area Comprehensive Plan
and all other applicable conditional use standards.
4
NOTE: As this accessory dwelling unit is 100% above grade, the
main structure is eligible for a floor area bonus per Section 24-
3 -101.
STAFF RECOMMENDATION: Planning staff recommends approval of the
Bellock Conditional Use for a 475 sq.ft. one bedroom accessory
dwelling unit and Stream Margin Review, subject to the following
conditions:
1. The owner shall submit appropriate deed restrictions to the
Aspen / Pitkin County Housing Authority for approval. The
accessory dwelling unit shall be deed restricted to resident
occupancy with a minimum six month lease. Upon approval by
the Housing Authority, the Owner shall record the deed
restriction with the Pitkin County Clerk and Recorder's
Office.
2. Prior to issuance of any building permits, a copy of the
recorded deed restriction for the accessory dwelling unit must
be forwarded to the Planning Office.
3. The accessory dwelling unit shall be clearly identified as a
separate dwelling unit on building permit plans and shall
comply with U.B.C. Chapter 35 sound attenuation requirements.
4. During building permit plan review, the Zoning Enforcement
Officer shall make the final determination that the unit meets
the minimum size requirement of 300 sq.ft. net liveable as
defined in the Housing Authority Guidelines. The accessory
dwelling unit cannot be less than 300 sq.ft.
5. As recommended by the City Engineer, the applicant shall
comply with the following conditions:
a. The applicant shall sign and execute a sidewalk, curb,
and gutter agreement with the City Engineer prior to the
issuance of any building permits.
b. The applicant shall designate parking spaces, the
pedestrian walkway space, fisherman's easement, building
envelope, and the trash area on the final development
plan, prior to issuance of any building permits. Once
this final development plan is approved by the Engineer
and Planning Office's it shall be filed with Pitkin
County Clerk and Recorder's Office.
C. The applicant shall obtain an encroachment license for
the fence which encroaches into the public right -of -way
or relocate the fence onto private property, prior to
issuance of any building permits.
5
d. The applicant shall consult city engineering (920 -5080)
for design considerations of development within public
right -of -ways, parks department (920 -5120) for vegetation
species, and shall obtain permits for any work or
development, including landscaping, within public rights -
of -ways from city streets department (920 - 5130).
e. A drainage plan prepared by a registered engineer shall
be submitted to and approved by the City Engineer, prior
to issuance of any building permits.
6. Erosion fencing and geogrids shall be erected immediately
adjacent to the building envelope during all phases of
construction. No construction equipment is permitted outside
the northern edge of the building envelope. This shall
prevent any construction debris, soil, rock or vegetation from
impacting the stream bank and river.
7. No existing vegetation shall be removed between the building
envelope and the river.
8. A fisherman's easement must be filed with the Pitkin County
Clerk and Recorder, prior to the issuance of any building
permits. This easement shall include the land area under the
Roaring Fork River, and on land, a five foot distance measured
horizontally from the high water line.
9. Prior to removal of any trees, the applicant shall obtain a
tree removal permit from the Parks Department. The applicant
is required to either guarantee that the trees survive for up
to two years after relocation or, should they die, that they
are replaced with comparable trees. Excavating around
existing trees will need to be done outside of the dripline
of all trees.
10. For new landscaping and irrigation, the applicant shall comply
with Ordinance 37, Series 1991 for Water Conservation. This
includes protecting existing trees outside of the envelope,
replant with wildflower and native grasses on disturbed areas
of the site, and limit urban turf treatments that could
adversely affect the river.
11. Prior to the issuance of any building permits, the applicant
shall record the amended Homeowner Covenants which permit
accessory dwelling units within the subdivision.
12. The applicant shall relocate the proposed patio at least 10
feet back from the top of the stream bank in order to increase
the buffer zone between the river and development.
13. All material representations made by the applicant in the
application and during public meetings with the Planning and
2
Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other
conditions.
RECOMMENDED MOTION: "I move to approve the Conditional Use for a
475 sq.ft. attached accessory dwelling unit and Stream Margin
Review for the Bellock residence located at 1420 Red Butte Drive
with the conditions recommended in the Planning Office memo dated
February 15, 1994."
Exhibits:
"A" - Engineering referral memo
"B" - Parks Department referral memo
"C" - Housing Office referral memo
7
Exhibit A
MEMORANDUM
To: Mary Lackner, Planning Office
Thru: Bob Gish, Public Works Director
From: Chuck Roth, City Engineer e'fl—
Date: January 31, 1994
Re: Bellock Conditional Use for an Accessory Dwelling Unit (ADU) and Stream
Margin Review
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Department has the following comments:
1. Sidewalk, Curb & Gutter - As required in Sections 19 -98 through 19 -100 of the
Municipal Code, the applicant must sign and execute an agreement to construct sidewalk,
curb and gutter at such time in the future as deemed appropriate by the City. The
Pedestrian Walkway and Bikeway Plan does not require concrete sidewalks in this
neighborhood, however, at a minimum, a pedestrian usable space in the public right -of-
way off of the vehicular pavement is necessary. In the future, curb and gutter may need
to be constructed in this neighborhood to improve storm runoff control.
There is existing vegetation and boulders in the public right -of -way which must be
relocated in order to provide for pedestrian use of the space. The final development plan
must indicate the pedestrian walkway area.
2. Parkin E - The application does not discuss parking. Presumably there will be one
parking space per bedroom including the ADU. The final development plan must indicate
those spaces to confirm number, location and size.
3. Trash Storage - The final development plan must indicate the trash storage, and
recycling if practicable, areas. Trash storage may not be located in the public right -of-
way.
4. Drainage - The applicant must provide for run -off from the roof, patio, and other
impermeable surfaces to be maintained on site such that no storm runoff greater than
historical will enter either Red Butte Drive or the river from the property. This must be
designed by a registered engineer.
In the application, response number 5 to the Stream Margin Review standards states
that "erosion fencing and geogrids will be used at the 100 -year floodplain boundary." This
partially meets the intent of preventing construction site runoff from reaching the river but
is not adequate for protecting the existing riparian vegetation as required by the "Roaring
Fork Greenway Plan."
A site visit showed that there currently is a flat space, presumably a lawn when there
is no snow on it, that extends from the house to the top of a bank. We recommend a
condition of approval that preserves the existing riparian vegetation on the bank. We
suggest that the applicant be restricted from disturbing any existing riparian vegetation on
the river bank. Disturbance would include setting erosion fencing and georgrids in that
area.
The vegetation on the bank is mostly cottonwood trees with a few native shrubs.
It appears that cottonwoods larger than 6" diameter have not been shown on the
development plan and must be shown on the final plan.
5. Wetlands - The applicant must provide a letter from the Army Corps of Engineers,
and /or the Colorado Division of Wildlife, that accepts the applicant's development
proposal.
6. Fence Encroachment - The fence at the northwest corner encroaches slightly into the
public right -of -way. The applicant must obtain an encroachment license for the fence or
preferably relocate the portion onto private property.
7. Fisherman's Easement - There is not a requirement for applicants to provide
fisherman's easements for Stream Margin Reviews, but the applicant is requested to do
so for their land in the Roaring Fork River and on the shore for a distance of five feet
from the high water line. This if for the use of fishermen fishing up and down the river
only, and not for access through private property to the river. If the applicant is willing
to convey such a fisherman's easement, we would provide the standard easement
agreement form for executing and recording.
8. Permit to Construct Driveway - The design of the driveway appears to meet the
requirements of Section 19 -101, however:
Given the continuous problems of unapproved work and development in public rights -
of -way, we advise the applicant as follows:
The applicant shall consult city engineering (920 -5080) for design
considerations of development within public rights -of -way, parks department
(920 -5120) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights -of -way from city streets
department (920 - 5130).
A permit is needed from the City Streets Department, approved by Public Works, to
construct the driveway and the pedestrian space.
9. Utilities - Any new surface utility needs must be located on easements on private
property and not in the public right -of -way. M94.48
M
-� ,- Exhibit B
TO: Mary Lackner, Planning Office FEB 2
FROM: Rebecca Baker, Parks Department
THRU: George Robinson, Parks Director
DATE: January 31, 1994
RE: Bellock Conditional Use Review for an Accessory Dwelling Unit and Stream Margin
Review
We have reviewed the documents submitted by Theodore K. Guy Associates for the development
of Lot 6, Red Butte, and have two concerns.
Since several trees of significant size are to be relocated in the course of construction, a tree
removal permit should be submitted. The developers are required to either guarantee that the trees
survive for up to two years after relocation or, should they die, that they will be replaced with
comparable trees. Additionally, any excavating around existing trees will need to be done outside
of the dripline of all trees.
What type of grass does the applicant propose to plant? No bluegrass is allowed per the Water
Conservation Ordinance. Also, the irrigation system should be within the guidelines of the same
ordinance.
Finally, we request that a ten -foot fisherman's easement along the edge of the river.
® 0 Exhibit C
TO: Mary Lackner, Planning Office
FROM: Cindy Christensen, Housing Office
DATE: February 10, 1994
RE: BELLOCR REVIEW FOR AN ACCESSORY DWELLING UNIT
Parcel ID No.
The applicant has not submitted enough information for a thorough
review of his request. If the applicant's accessory dwelling unit
is within the following conditions, the Housing Office will approve
this request. The proposed attached accessory dwelling unit must
abide by Chapter 24, Section 5 -510, of the City of Aspen Municipal
Code:
Accessory dwelling units shall contain not less than three hundred (300) square feet of allowable floor
area and not more than seven hundred (700) square feet of allowable floor area. The unit shall be
deed restricted, meeting the housing authority's guidelines for resident occupied units and shall be
limited to rental periods of not less than six (6) months in duration. Owners of the principal residence
shall have the right to place a qualified employee or employees of his or her choosing in the
accessory dwelling unit.
The floor area requirement is for net liveable square feet as
defined by the Housing Office below:
Net Liveable Square Footage is calculated on interior living area and is measured Interior wall to
interior wall, including all interior partitions including, but not limited to, habitable basements and
interior storage areas, closets and laundry area. Exclusions Include, but are not limited to,
uninhabitable basements, mechanical areas, exterior storage, stairwells, garages (either attached or
detached), patios, decks and porches.
The kitchen must also be built to the following specifications:
Kdchen must contain a minimum of a two- burner stove with oven, standard sink, and a 6 -cubic foot
refrigerator plus freezer.
The unit must also have a separate entrance, must not house the
mechanical room for the principal residence, in other words, the
accessory dwelling unit must be a completely private unit.
Before the applicant can receive building permit approval, he must
provide to the Housing Office actual floor plans of the proposed
accessory dwelling unit containing net liveable square footage, and
a signed and recorded Deed Restriction, which can be obtained from
the Housing Office. The Housing Office must have the recorded book
and page number prior to building permit approval.
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PUBLIC NOTICE
RE: BELLOCK CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, February 1, 1994 at a meeting to begin at 4:30 pm before
the Aspen Planning & Zoning Commission, 2nd Floor Meeting Room,
City Hall, 130 S. Galena, Aspen to consider an application
submitted by Chuck Bellock, 1400 28th St., Suite 1, Boulder, CO,
and Zoe Compton, 321 Sopris Creek Road, Emma, CO, requesting
approval of a Conditional Use Review for an approximately 450
square foot accessory dwelling unit to be located above an attached
garage. The property is located at 1420 Red Butte Drive; Lot 6,
Block 1, Red Butte Subdivision. For further information, contact
Mary Lackner at the Aspen /Pitkin Planning Office, 130 S. Galena
St., Aspen, CO 920 -5106.
s /Bruce Kerr, Chairman
Planning and Zoning Commission
f yla 6( 4 &L C aL
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ATPEN /PITKIN PLANNING OFFICE-'
130 S. Galena Street
Aspen, Colorado 81611
(303) 920 -5090 FAX# (303) 920 -5197
January 14, 1994
Rob Okazaki
Ted Guy Associates
Box 1640
Basalt, CO 81621
Re: Bellock Stream Margin and Conditional Use Reviews
Case A70 -93
Dear Rob,
The Planning Office has completed its preliminary review of the captioned application. We
have determined that this application is complete.
We have scheduled this application for review by the Aspen Planning and Zoning Commission
at a Public Hearing to be held on Tuesday, February 15, 1994 at a meeting to begin at 4:30
p.m. Should this date be inconvenient for you please contact me within 3 working days of the
date of this letter. After that the agenda date will be considered final and changes to the
schedule or tabling of the application will only be allowed for unavoidable technical problems.
The Friday before the meeting date, we will call to inform you that a copy of the memo
pertaining to the application is available at the Planning Office.
Please note that it is your responsibility to mail notice to property owners within 300' and to
post the subject property with a sign at least ten (10) days prior to the public hearing. Please
submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing
prior to the public hearing.
If you have any questions, please call Mary Lackner, the planner assigned to your case, at 920-
5106.
Sincerely,
Suzanne L. Wolff
Administrative Assistant
epz.ph
SAN .12 ' 94.16 38 YHEODORE K GUY RSSOC PC a P. 32/4
C i
necomber t 1993
Since 1962, our town and aftWisiaa have sea aamy ebangft and na pxExsctivc covena *
have 9mincd to bep pace ahagi>ally created to mire aMOUCtWo standards thM ezraeeded
those of A pen, these OWe"W axe 00 humor m synch with die times. They have bean
anwded four times ova the yeas. Macy of the homes bulk over die years are ammuy m
vwlmm of the cava sm and, therefore, create donbi oa their kgal standing.
Additiamany, as each loot is coaidered !or romasim we will have to tack at further
ameudmeM. To avc9d this umMmy Pape shame and to iniag our coveaents m line wi*
aeeaal coesaaMM, MM& MMS, and building regwemmm r., we have prepared the acloect
mmdmm 'ban' your e4ssideratiaa. Ater you have had a choose to review these docwnnb
PUM give me s calf m* your questions and cammmrs, my home phm a 925 -618D, if X'
at1 pM AIO, we world life to make these changes by year -and.
Tkmic yon far yoar belp in this matter mad-beg wishes fora happy Aoiiaay.
Z.7-5,21 �r
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JAN 12 'W 16:36 THEODORE K GLY ASSOC PC A
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KWWM ALL Id N BY THM pRES&MI
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THAT Ar MW and V*Abla aomilartitnd, the rom'pt and WVkicy at vW
Wb*Wbkwl dw ado$** PWVAK to Me PWISJM of At" XU Of die ve hft*
COVOMM of jw goo sAdvi4m probabe
nomded S4A@Mbw 23, IWO in am* 191 g pW _M of
04 "d papay MCOA of P" cajoy. cdwta&, mg m9h CDVCUM IM him bm
pr4ougly Mod0d, "COMM to Od affwvt ft iwkpw* a=ogWaft jo
comitok to wit
aF loplovilletwu on an lots *0 too* wa the dk
(9 Aqm M=kW C06, alber ftM a* a" N*i*n d6 "yardd 0 ftl*ki
CDU%bW W Aftk 11 of do Covao"ji.
2-, ft pmposm of Mnpftno vftb OW of AWN Oft%Mfift Na I (Sadw of
19901' a ="&a Wk WMMY Dftft UWO may be bdh om ad jo.
Poviftd hmftw io so cm sm ot PWMM dw &t ac4o" of two
9*M"* ifta" Tedlow leit . an fty b•
3. RaMeedd k*wvmwa m dI Ift
opm Muk*d Cade =kbw gm ft
ad medlOd Of W4UWcMmK Of ft A " ft h*k mw*m
fc*i:dve hd8k M = aim obd awdiod ma s
of ae co�. of NOW"'Offift OOMMimd in Arkk I
4, Aakk V Of dw COVINAM Ad be amended lo m*
Ike abww bdAft mwdlb AW as be pmubW J.
COMMA don of aq bogft:
now Aft
Vinyl a"
wetted at upuk Wft
to paper
buk"On a conwodtiab =a
S' Article IX Of OW COVOOM dW be uno&d so m#-.
NO VAN& Cos or OYA bands or wowm wm I* duwM =hm
wr000d fits vim, ad no wMidw or m aamw or amok 4A
MW be oacled *a sq I% w " *0 aftlor af iEprovemeaft 00 UY
* and 90 bdOMWM *d be dMDwW 00 mW hot; and no rooft
MwhlnW $YAM skill be Amwd at &w bi.
CL Us bWulW may be exfttlw in . CMer WU. in wbkb can an
=cb mumwp*o bmaw step conedwe am and me dame ia�
waft on am of do pue" ftoo. wftwxmoft 0* an of toe T"" are
NO S*NWY to do mWad or 'W =*a OOMWPNL Poedmio siolow"
"be coaddow wwom sipamm for an pmofts.
7. nk AWadoM 40 be dFa*" WkW At awing of 75% of ft Im is
Bkft I. W %ft SubdM*a, mew and recto 0* M*WMK
LIX No. —Nock I
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THEODORE K GUY,&BSOCIATES PC
ARCHITECTS AND STR ORAL ENGINEERS
December 28, 1993
Leslie Lamont
Aspen /Pitkin County Planning Dept.
130 S. Galena
Aspen, CO 81611
RE: Lot 6, Red Butte Subdivision
Leslie:
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j DEC 2 8 !Jy3
Please find enclosed three copies of a preliminary landscape plan. We have noted that no vegetation
at or below the floodplain will be disturbed and that we will identify a 10' wide zone from the
floodplain boundary that will maintain the existing grass vegetation. We have also defined an
envelope within which we reserve the right to construct an on -grade patio.
We have already forwarded a copy of a Letter of Consent from the current owner and we have
discussed the issue of a conditional approval of the A.D.U.
Please call me if there are any other questions.
Si er ly,
Rob Okazaki
THEODORE K GUY ASSOCIATES PC
RKO:ipse
encl.
202130 STATE HIGHWAY S2 P. D. BOX 1640 BASALT, COLORADO 89621 (3031927 3167
SAN 03 '94 12:02 THEODORE K GUY ASSOC PC A
' L
December 14. 1093
ASperttpiddn Cmmty Mani ing Department
130 & Galena
Asp^ W 81611
Gentlemem
A r J
ZOE MURPHY COMPTON9 LTD.
Interim Design
DR' � D long r
OCIA TES, p.
As the current owner. I hereby authorize THEODORE K GUY ASSOUATES PG to submit the Stream
iAardn Revise 2nd Condtionai Use Application for the property at 1420 Red Butte Drive in Aspen
on behalf of the prospective owner. Chuck Ullock.
cinra.wly.
337. Soprie Creek Road Fmmal13osa11, Ceft"do 81621
Tel. 30`l9 4WI Weekends 9ZY -4799 Fax 927 9302
a
�...6PEN /PITKIN PLANNING OFFIC,
130 S. Galena Street
Aspen, Colorado 81611
(303) 920 -5090
December 9, 1993
Rob Okazaki
Ted Guy Associates
Box 1640
Basalt, CO 81621
RE: Bellock Conditional Use Review for an Accessory Dwelling Unit and Stream
Margin Review
Case #A70 -93
Dear Rob,
The Planning Office has completed its preliminary review of the captioned application. We
have determined that this application is incomplete. Please submit the following items in order
to complete the application.
1. Approval from the current owner of :1,• . roperty;
2. Landscaping plan;
3. Confirmation that an accessory dwelling unit is acceptable per the covenants of the
subdivision.
If you have any questions, please call Leslie Lamont, the Planner assigned to this case, at 920-
5101. Thank you.
Sincerely,
Suzan he L. Wolff "
Administrative Assistant
r�
THE CITY OF ASPEN
FROM THE DESK OF
MARY LYNNE LACKNER
B bc,t — -tof t� 60K k LA
- o� u l �O 1Il
--it> 6`1
130 SOUTH GALENA STREET
ASPEN, COLORADO 81611
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LOT B, RED BUTTE
STREAM MARGIN REVIEW &
CONDITIONAL USE APPLICATION
DECEMBER 8, 1993
THEODORE K GUY ASSOCIATES PC
ARCHITECTS AND STRUCTURAL ENGINEERS
P.O. BOX 1640
BASALT, COLORADO 81 621
(303) 927-3167
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Table of Contents:
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Site Plan
Letter of Submittal
..
Pre - Application Conference Summary
Proposed Elevations
Minimum Submission Reouirements:
Application Form
..
Letter of Consent from Owner
Legal Description
•+
Certificate of Title
Vicinity Map
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Specific Submission Reouirements:
Conditional Use Application:
Proposed Project
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Site Plan
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Proposed Elevations
Review Standards
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Stream Margin Review:
Proposed Project
Site Plan
Proposed Construction Techniques
Review Standards
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Exhibit A:
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Site Plan
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Exhibit B:
Proposed Elevations
Addendum:
List of Adjacent Property Owners
Photographs
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THEODORE K GUY Ar-" OCIATES PC
... ARCHITECTS AND STRUC�,. L ENGINEERS
December 8, 1993
Leslie Lamont
Aspen /Pitkin County Planning Department
�+ 130 S. Galena
Aspen, CO 81611
s4
,r RE: Lot 6, Red Butte
Ms. Lamont:
Herewith, please find the Conditional Use Application and Stream Margin Review for Lot 6, Red
Butte. This is in accordance with the preapplication conference you had with Chuck Bellock and Stan
Mathis on November 15, 1993.
Our project is located at 1420 Red Butte Drive (Lot 6, Block 1, Red Butte Subdivision), Aspen,
Colorado.
This submission consists of three sections:
Minimum Submission Requirements - including materials required of all submissions
Specific Submission Requirements - including Review Standards:
- Conditional Use Application - Accessory Dwelling Unit
- Stream Margin Review - construction of a residence within 100' of floodplain.
Addendum
- List of Adjacent Property Owners
Please notify us of our scheduled hearing date and time. Enclosed is a check for $1,035.00 and
three copies of this submittal, as requested.
Sincerely,
Robert Okazaki `
THEODORE K GUY ASSOCIATES PC
93177 conduse submission
RKO:ipse
23280 STATE HIGHWAY 82 P.O. SOX 1640 BASALT. COLORADO 81621 13031927 -3167
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CITY OF ASPEN
MON CONFERENCE SUMMARY
PROJECT: I Y K�� A,\ I
APPLICANT'S REPRESENTATIVE:
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3. Areas is which Applicant has been requested to respond, types
of reports requested:
Policy Area/
Referral Agent Comments
4. Review isy P &Z Only (CC Only) (P &Z then to CC).
5. Public Hearing: (YES)
6. Number of copies of the application to be submitted:
7. What fee was applicant requested to submit
8. Anticipatea -1,ite of submission:
COMMESlU�IZQ TTE CO CERNS : t non t i �
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CITY OF ASPEN
MON CONFERENCE SUMMARY
PROJECT: I Y K�� A,\ I
APPLICANT'S REPRESENTATIVE:
lr/J
3. Areas is which Applicant has been requested to respond, types
of reports requested:
Policy Area/
Referral Agent Comments
4. Review isy P &Z Only (CC Only) (P &Z then to CC).
5. Public Hearing: (YES)
6. Number of copies of the application to be submitted:
7. What fee was applicant requested to submit
8. Anticipatea -1,ite of submission:
COMMESlU�IZQ TTE CO CERNS : t non t i �
9 . NT
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MINIMUM SUBMISSION REQUIREMENTS:
Application Form
Letter of Consent from Owner
Legal Description
Certificate of Title
Vicinity Map
} ATTACHMENT 1
1�eD USE APPLICATION FCM
iwl) Project Name Lot 6, Red Butte
_2) Project Lncation 1420 Red Butte Drive, Aspen
Lot 6 Block 1 Red Butte Subdivision
` lot & block mmber, legal description where
(indicate street a��,
appropriate)
1r3) Present Zoning R -30 4) Lot Size 79 000 sggft,
'°5) Applicant's Name, Address & phone # Chuck Bellock, 1400 28th St., Ste. 1
Am Boulder; CO 80303 (303) 442 -2299
"' , Rob Okazaki, THEODORE K GUY ASSOC. PC
� 6) Repzesentative s Name, Address &Phone $
P.O. Box 1640, Basalt, CO 81621 (303) 927 -3167
F"
w 7) Type of Application (please check all that apP1Y)
a, X Conditional Use _ Conceptual SPA Conceptual Historic r_ Dev.
w _ Special Review
8040 Gteenline
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_ Final SPA
x_ Stream Margin Final HOD
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r _ Mountain View Plane _ Subdivision
bi•••n , m •., W MA - c,•m-H.
Final Historic DP-V.
Minor Histcric DP-V.
Historic Demolition
Histnrir Designatica
GMS Allotment
MENEWME •_ +wj
r One single - family residence with one storage building and one aumohouse
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r 9) Description of Davelcpment Application
Demolish existing singlefamily residence and construct one new singl e-
family residence with one accessory dwelling unit (A.D.n.).
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r 10) Have you attached the following?
Ruse to Attacinnent 2, Mininim ctiUb=ssim Contents
_-?C Response to Attachment- 3, Specific 4IMMssim 0[ltent5
r c Response to Attadm ent 4, Review Standards for Your APPlication
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Bellock Construction Companies
Oeoember 6.1993
Btu*& CoNtructlon
1400 - 9Rth St.
Boulder, CO 80303
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Aspeapiddn County Manning Oepartmont
130 S. Galena
Aopwh CO 81611
Candomero
I hereby authorise THEODORE K r uY ASSOMTES PC to represent us regardn0 the Stream Margin
RWew and C4ridltlenai Uss Application for the proWY at 1420 Red Butte Mw in Aspen.
Sincerely,
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1400 Twenty Eighth Street, Suite One
Boulder, Colorado 80303 • (303) 442 -2299
a � �
PROPERTY DESCRIPTION
., ORDER NO: 00020571C3
Lot 6, Block 1, RED BUTTE SUBDIVISION
EXCEPT
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Beginning at the Southwest Corner of Lot 5, Block 1, RED BUTTE
+� SUBDIVISION, Aspen, Colorado, a 7/8 inch pipe, thence North 81
degrees 24 minutes 00 seconds East 198.46 feet, along the South
line of Lot 5 to a witness corner monumented with a 7/8 inch pipe,
w thence South 74 degrees 22 minutes 00 seconds East 6.59 feet to a
single fence post, thence South 68 degrees 26 minutes 31 seconds
1e West 6.60 feet to the Easterly end of a split rail fence in place;
thence South 75 degrees 53 minutes 25 seconds West 197.56 feet
along the split rail fence line to the Easterly edge of Red Butte
r Drive, thence on a curve to the right with a radius of 1389.33
feet a distance of 23.20 feet (chord bears North 11 degrees 59
minutes 56 seconds West 23.20 feet) to the Point of Beginning.
r County of Pitkin, State of Colorado
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1420 Red Butte Drive
Aspen, Colorado
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�nerican Land Title Association Commitment - Modify.." /77
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
STEWART TITLE
GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate
or interest covered hereby in the land described or referred to in Schedule A, upon payment of the
premiums and charges therefor; all subjectto the provisions of Schedules A and B and to the Conditions
and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount
of the policy or policies committed for have been inserted in Schedule A hereof by the Company,
either at the time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six months after the effective date hereof
or when the policy or policies committed for shall issue, whichever first occurs, provided that the
failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be
valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to
become valid when countersigned by an authorized officer or agent of the Company, all in accordance
with its By -Laws. This Commitment is effectiveasof the date shown in Schedule A as "Effective Date."
Countersigned by:
165
STEWAIIT TITLE
GUARANTY COMPANY
f z: �oavoR�r ?a
e TEX PSIle
Sdnrnn ..r r nnun� i
Serial No. C-1601- 37802
President
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SCHEDULE A
ORDER NUMBER: 00020571C3
3
1. EFFECTIVE DATE: November 01, 1993 AT 8:00 A.M.
2. POLICY OR POLICIES TO BE ISSUED: AMOUNT OF INSURANCE
A. ALTA OWNER'S POLICY $ 848,750.00
PROPOSED INSURED: CHUCK BELLOCK AND
MADELEINE MORRISON
B. ALTA LOAN POLICY $ 594,125.00
PROPOSED INSURED: TO BE DETERMINED
C. ALTA LOAN POLICY $
PROPOSED INSURED:
D. $
3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS
COMMITMENT AND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO IS AT THE
EFFECTIVE DATE HEREOF VESTED IN:
ZOE MURPHY COMPTON
4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
SEE ATTACHED LEGAL
OWNERS: $ 2,025.00
MORTGAGEE: $ 50.00
TAX CERT. $ 10.00
AUTHORIZED SIGNATURE
STEWART TITLE OF
ASPEN, INC.
620 E. Hopkins
ASPEN, COLORADO 81611
303 925 -3577
FAX 303 - 925 -1384
" SCHEDULE B - SECTION 1
ORDER NUMBER: 00020571C3
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 INSTRUMENTS) CREATING THE ESTATE OR INTEREST TO BE
INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD, TO WIT:
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1. Evidence satisfactory to Stewart Title Guaranty Company,
furnished by the Office of the Director of Finance, City of
r Aspen, that the real estate transfer tax pursuant to City
Ordinance No. 20 (Series of 1979), has been paid or that
+.. conveyance is exempt from said tax.
r 2. A. Certificate of non - foreign status, duly executed by the
seller(s), pursuant to Section 1445 of the Internal Revenue Code
AND
r B. Satisfactory evidence of the seller(s) Colorado residency
(or incorporation) pursuant to Colorado House Bill 92 -1270.
NOTE: Section 1445 of the Internal Revenue Code requires
witholding of tax from sales proceeds if the transferor (seller)
is a foreign person or entity. Colorado House Bill 92 -1270 may
.. require witholding of tax from sales proceeds if the seller(s)
is not a Colorado resident. Detailed information and Forms are
available from Stewart Title.
3. Release of Deed of Trust dated November 25, 1992, executed by
r Zoe Murphy Compton, to the Public Trustee of Pitkin County, to
secure an indebtedness of $520,000.00, in favor of Pitkin County
Bank & Trust Company, recorded December 8, 1992 in Book 697 at
r Page 8 as Reception No. 351651.
4. Deed from vested owner, vesting fee simple title in
purchaser(s).
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5. Deed of Trust from the Borrower to the Public Trustee for the
r use of the proposed lender to secure the loan.
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SCHEDULE B - SECTION 2
EXCEPTIONS
01
ORDER NUMBER: 00020571C3
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° 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, AND 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 PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE
THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS
COMMITMENT.
6. UNPATENTED MINING CLAIMS; WATER RIGHTS, CLAIMS OR TITLE TO WATER.
7. ANY AND ALL UNPAID TAXES AND ASSESSMENTS AND ANY UNREDEEMED TAX
SALES.
8. THE EFFECT OF IN IN ANY GENERAL OR SPECIFIC WATER
CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER
DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT
AREA.
9. Right of the proprietor of a vein or lode to extract and 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 5.
10. Terms, conditions and obligations of Protective Covenants of Red
_ Butte Subdivision recorded September 23, 1960 in Book 191 at
Page 598 as Reception No. 110276, and Addendum and Amendment
to Protective Covenants recorded June 21, 1979 in Book 371 at
Page 116 as Reception No. 215592, Addendum and Amendment recorded
r' August 15, 1980 in Book 393 at Page 200 as Reception No. 226003,
Addendum and Amendment to Protective Covenants recorded August
15, 1980 in Book 393 at Page 202 as Reception No. 226004, Amendment
.. to Protective Covenants recorded August 18, 1981 in Book 412 at
Page 638 as Reception No. 234935, Amendments to Protective
Covenants recorded October 30, 1981 in Book 416 at Page 695
and Amendment to Protective Covenants recorded February 13, 1986
in Book 505 at Page 360 as Reception No. 275604.
° 11. Utility easements as shown on Plat of said Subdivision.
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Continued on next page
°
CONTINUATION SHEET
SCHEDULE B - SECTION 2
ORDER NUMBER: 00020571C3
�.
12. This policy does not insure title to land comprising the shores
or bottoms of rivers and is subject to any build up or loss of
property along Roaring Fork River, caused by the processes of
accretion and reliction, or caused by man made changes in the
flow of water or in the course of the river bank or river
channel; also subject to the free and unobstructed flow of the
r water of said river.
NOTE: Provided that Stewart Title of Aspen, Inc. records the
documents of conveyance in the proposed transaction the status
of title will be updated from the time of this commitment to the
.. time of said recording. If said update reveals no intervening
liens or other changes in the status of said title Exception No.
5 herein will be deleted; if said update reveals intervening
liens or changes in the status of said title appropriate
action(s) will be taken to disclose or eliminate said change
.. prior to the recording of said documents.
NOTE: Policies issued hereunder will be subject to the terms,
conditions, and exclusions set forth in the ALTA 1992 Policy
r form. Copies of the 1992 form Policy Jacket, setting forth said
terms, conditions and exclusions, will be made available upon
request.
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SCHEDULE A
++ PROPERTY DESCRIPTION
^ ORDER NO: 00020571C3
Lot 6, Block 1, RED BUTTE SUBDIVISION
EXCEPT
Beginning at the Southwest Corner of Lot 5, Block 1, RED BUTTE
SUBDIVISION, Aspen, Colorado, a 7/8 inch pipe, thence North 81
., degrees 24 minutes 00 seconds East 198.46 feet, along the South
line of Lot 5 to a witness corner monumented with a 7/8 inch pipe,
thence South 74 degrees 22 minutes 00 seconds East 6.59 feet to a
single fence post, thence South 68 degrees 26 minutes 31 seconds
West 6.60 feet to the Easterly end of a split rail fence in place;
., thence South 75 degrees 53 minutes 25 seconds West 197.56 feet
along the split rail fence line to the Easterly edge of Red Butte
Drive, thence on a curve to the right with a radius of 1389.33
feet a distance of 23.20 feet (chord bears North 11 degrees 59
minutes 56 seconds West 23.20 feet) to the Point of Beginning.
.. County of Pitkin, State of Colorado
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SPECIFIC SUBMISSION REQUIREMENTS:
CONDITIONAL USE APPLICATION
Site Plan
Proposed Elevations
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Review Standards
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Conditional Use Application
Site Plan:
See Exhibit A.
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Conditional Use Application
„. Proposed Elevations•
See Exhibit B.
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Conditional Use Application
Review Standards:
This project will replace one existing single - family residence with one new single - family residence
with one attached accessory dwelling unit (A.D.U.).
Each of the specific standards are addressed below:
A. The existing use and that of the surrounding area is low density residential and that use will
not change. An Accessory Dwelling Unit is proposed and that is consistent with the goals and
objectives of the Aspen Area Comprehensive Plan and with Ordinance t of the Aspen City Council.
^. B. The residential nature of this project is in keeping with the low- density housing already
existing in the neighborhood. Other residences nearby already have added A.D.U.'s. The addition of
another working resident into the neighborhood would further enhance the social mix of the City.
.. C. Since this project would replace an existing residence with a new residence, no additional
adverse impacts of any nature would be anticipated. The design and construction will be consistent
*� with the guidelines and regulations of the Aspen Municipal Code and the Aspen Housing Authority.
D. Again, no further impacts to municipal services would be anticipated with the new
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residence.
E. This proposal would supply one additional unit of affordable housing to the City of Aspen.
F. The proposal will comply with the standards set forward in the Aspen Area Comprehensive
Plan.
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SPECIFIC SUBMISSION REQUIREMENTS:
STREAM MARGIN REVIEW
Site Plan
Proposed Construction Techniques
Review Standards
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Stream Margin Review
Site Plan:
See Exhibit A.
Stream Margin Review
r Proposed Construction Techniques
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The new single - family residence will not be constructed in the floodplain nor will the lowest floor
be constructed less than two feet above base flood elevation which has been identified as 7719.5
r feet at this location. Therefore, no special construction practices will be required.
.. Since the regrading of the site will extend to the lowest elevation allowed by code, certain site
preparation precautions will be taken to insure no debris or sediment inadvertantly enters the
floodplain or Roaring Fork River. This will be done by installing erosion fencing and geogrids at the
boundary of the 100 -year floodplain and prohibiting any sitework of any kind beyond that boundary.
r The project will be conducted in two phases. First, demolition of the existing structure, then
regrading of the site and construction of the new residence. Erosion control measures will be used
throughout the demolition and construction.
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Stream Margin Review
Review Standards:
This project will demolish one existing single - family residence and replace it with one new single -
r, family residence with one attached accessory dwelling unit (A.D.U.). The existing and proposed
building site is above both the high water line and the 100 -year floodplain, however it is located
within 100 feet of both. Although the site will be regraded, no area below the 100 -year floodplain
i boundary will be disturbed.
i Each of the specific standards are addressed below.
.. 1. No development is proposed for any location within the Special Flood Area as identified by
FEMA. Therefore, no part of this project will increase base flood elevation in any way.
2. The popular Rio Grande Trail already exists on the opposite bank of the river from the
property. No public trails designated by the Aspen Area Comprehensive Plan are designated for
this property.
.+ 3. This project will not alter any of the vegetation along the river or in the floodplain. This
_ will maintain the existing riparian habitat.
4. The proposed project will not remove any of the vegetation nor effect slope grade changes
that will produce erosion and sedimentation of the streambank.
5. In order to prevent any sediment or debris or any erosion to occur as a result of
construction, erosion fencing and geogrids will be used at the 100 -year floodplain boundary. No
regarding will be done during the demolition phase of the project, and erosion control measures will
be used throughout the construction.
r 6. No alteration of the river course will result from this project.
7. Since no part of the project will occur within the floodplain no guarantee is necessary.
.. 8. No work will occur within the 100 year floodplain and no federal or state permits be
needed.
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Exhibit B:
Proposed Elevations
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ADDENDUM:
List of Adjacent Property Owners
r Photographs
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DL,- U1 •:-3 1b: UU 11 II,. llk "!VIII i I I ILL HIIHHHHHHHHH �.•+A
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PITRIN COUNTY TITLE, INC.
601 E. HOPKINS, 3RD FLOOR Christina Davis
Vincent J. Higens ASPEN, COLORADO 81611
President 303 - 925 -1766 : 303 - 925 -6527 FAX Vice President
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300' OWNER'S STATEMENT
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Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the
is a current list
State of Colorado, hereby certifies the
following list
Block It Red Butte
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of property owner's within 300 feet of
from the most
Lot 61
current Pitkin County Assessors Tax
Subdivision, as obtained
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Rolls and updated to November 01, 1993.
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BRIEF LEGAL DESCRIPTION
NAMES AND ADDRESSES
------------------- -------------------
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LOT 5, BLOCK 1, RED BUTTE
MARTIN KELLER
FLORENCE E. KELLER
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13880 WIDE ACRES ROAD
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GOLDEN, CO 80401
LOT 4, BLOCK 1, RED BUTTE
DONALD E. LEFTON
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C/0 CONTINENTAL COMPANIES
3250 MARY STREET
MIAMI, FL 33133
LOT 7, BLOCK 1, RED BUTTE
'
TRANSIERRA CORPORATION
525 UNIVERSITY AVENUE
PALO ALTO, CA 94301
LOT 8, BLOCK 1, RED BUTTE
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CHARLES E. WORTH
ANN G. WORTH
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P.O. BOIL 930
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ASPEN, CO 81612
COURTNEY & KAREN LORD 50%
LOT 10, BLOCK 21 RED BUTTE
RALPH E. HEYMAN 50%
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3031 0 STREET N.W.
WASHINGTON, DC 20007
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JACQUELYN R. WYNNE
C/0 COCHRAN PARTS MEREDITH
P.O. BOX 35688
"* DALLAS, TX 15235
'* SHIRLEY G. CLEVELAND
1445 RED BUTTE DRIVE
ASPEN, CO 81611
TIMOTHY J. FORTIER
LISA A. FORTIER
THOMAS L. PALADINO
465 N. MILL STREET
SUITE 15
ASPEN, CO 81611
.Y.
MARJORIE B. STEIN 62.92%
STEIN & ZULFER, TRUSTEES 37.08%
P.O. BOX 1047
N CO 81612
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LOT 11 -A, QUILLEN SUBDIVISION
LOT 12-A, QUILLEN SUBDIVISION
LOT 12 -8, QUILLEN SUBDIVISION
METES AND BOUNDS
ASPE ,
AUTHORIZE SIGNATUR
Addendum:
Photo ara his.
A: Looking East at house from street.
B: Looking East at storage shed from pumphouse.
C: Looking South along river (top of bank).
D: Looking North from back comer of lot.