HomeMy WebLinkAboutLand Use Case.CU.1420 Red Butte Dr.A65-951 �1 L0 (4k & ,-Dv
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Aspen/Pitkin Community ,� — cj 5-
Development Department
130 South Galena Street
Aspen, Colorado 81611
(303) 920-5090
City Land Use Application Fees:
00113-63850-041
Deposit
-63855-042
Flat Fee
-63860-043
HPC
-63875-046
Zo:ung & Sign Perrrdt
- NMO 11
Use Tax
County Land Use Application Fees:
00113-63800-033
Deposit
-63805••034
Flat Fee
-63820-037
Zoning
-63825-038
Board of Adjustment
Referral Fees:
00113-63810-035
County Engincer
00115-63340-163
City Engineer
00123-63340-190
Housing
00125-63340-205
Enviromental Health
Sales:
00113-63830-039 County Code
-69000-145 Copy Fees _ Y _—
Other
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Case No: _' I
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 5 9 95 PARCEL ID AND CASE NO.
DATE COMPLETE: 64 2. 2735-013-02-007 A65-95
STAFF MEMBER: KJ
PROJECT NAME: BELLOCK/MORRISON FAR REVIEW
Project Address: 1420 RED BUTTE DRIVE ASPEN
Legal Address: LOT 6, RED BUTTE SUBDIVISION
APPLICANT: CHUCK BELLOCK
Applicant Address: 1400 28TH ST., #100 BOULDER, CO 442-2299
REPRESENTATIVE: STAN MATHIS
Representative Address/Phone:
----------------------------
----------------------------
FEES: PLANNING $ 425
ENGINEER $
HOUSING $
ENV. HEALTH $
TOTAL $ 425
Aspen, CO 81611
--------------------------------
--------------------------------
# APPS RECEIVED 9
# PLATS RECEIVED 9
�Jt�
TYPE OF APPLICATION: STAFF APPROVAL:
ing Date Z1 PUBLIC
1 STEP:
HEARING: YES
XX
2 STEP:
_NO/
(
VESTED
RIGHTS: YES
NO
CC Meeting Date
DRC Meeting Date
-------------------
-------------------
REFERRALS:
City Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir.Hlth.
Zoning
PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
Parks Dept.
Bldg Inspector
Fire Marshal
Holy Cross
Mtn. Bell
ACSD
Energy Center
School District
Rocky Mtn NatGas
CDOT
Clean Air Board
Open Space Board
Other
Other
DATE REFERRED: INITIALS: DUE:
------------------------------------------ - --
FINAL ROUTING: DATE ROUTED:---. Z'5- INITIA
City Atty City Engineer Zoning Env. Health
Housing Open Space Other:
FILE STATUS AND LOCATION:
J / 75L1 B - 7 7 0 P-3, :8�� 7 / 9 4 09 :2'4A PC 1 01 REC
SILVIA DAVIT- PITI-:IN COUNTY CLERK & RECORDE0. CA
\ 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 BELLOCK
Resolution No. 93-ko
DOC
y7 c"
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
recorded deed restriction for the accessory dwelling unit must
be forwarded to the Planning Office.
377521 B-- 7 7 0 F'-3,7�
Resolution
Page 2
121' 7/94. 09:c4A PG c E
3. The acc.-!;sor_y dwelling unit shall be clearly identified as a
separ.at_,:. 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
Off icer �Ji;A I.1 make the final determination that the unit meets
the rn i.n i ini,nii size requirement of 300 sq. ft. net liveable as
def,i.ifiod, in the Housing Authority Guidelines. The accessory
dwelling unit cannot be less than 300 sq.ft.
5. As r•e(,()rniiuirided by the City Engineer, the applicant shall
comply ai.lti the following conditions:
a. Thr, applicant shall sign and execute a sidewalk, curb,
and qutter agreement with the City Engineer prior to the
i.!;!;1ionce of any building permits.
b. The applicant shall designate parking spaces, the
pede,,;tr.ian walkway space in the public right-of-way,
Fi.sherman's easement, building envelope, and the trash
area on the final development plan, prior to issuance of
iriy building permits. Once this final development plan
1 i.,, approved by the Engineer and Planning Office's it
�l shall be filed with Pitkin County Clerk and Recorder's
0 i.` t.' i. r : e .
C. 'I'ha r.ipplicant shall obtain an encroachment license for
I.tir` i:Brice which encroaches into the public right-of-way
r, r I.ocate the fence onto private property, prior to
i_cs ir,ce of any building permits.
d. Ttle applicant shall consult city engineering (920-5080)
Wr design considerations of development within public
right -of-ways, parks department (920-5120) for vegetation
specie, and shall obtain permits for any work or
devr� I opment, including landscaping, within public rights -
of --ways from city streets department (920-5130).
e. t\ (1-trainage plan prepared by a registered engineer shall
I , 5si.ibmitted to and approved by the City Engineer, prior
to i .,;.;uance of any building permits.
6. The ;Lori i.wj Enforcement Officer shall ensure that erosion
fencinq and geogrids are in place prior to any earthmoving
activit:ie,;, Erosion fencing and geogrids shall be erected
immediai-.ni.y adjacent to the construction envelope during all
phase!, f)i construction. No construction equipment is
)uil,side the northern edge of this envelope. This
/J shal_I. any construction debris, soil, rock or
vegetal, .r,ii from impacting the stream bank and river.
GF
77�`1 P-77� 1-31Y
Resolution #94-_
Page 3
94 9 :24A PIG 35 0 %F
7. No existing vegetation, other than turf, shall be removed
between the building envelope and the river.
8. A fisherni,An'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 F'()rk 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 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--
Page 4
Attest: sq an Zoning Co ission:
/ ZT
Jak Carney
Deputy city lerk
377521 B-770 P-331 12/27/94 , OF 4
t 0 0
MEMORANDUM
TO: Overlay Zone District Sub -Committee
FROM: Amy Amidon, Historic Preservation Officer
Mary Lackner, Planner
RE: Bellock/Morrison - Red Butte Drive
DATE: June 27, 1995
-------------------------------------------------------------------
-------------------------------------------------------------------
SUMMARY: This project is located in the Red Butte Subdivision
which is not located with a specific neighborhood area, but it is
subject to the general guidelines of the "Neighborhood Character
Guidelines".
Compliance with the Committee's findings is advisory, as the lot
area is 35,485 sq.ft. The proposed F.A.R. (5,230 sq.ft.) is 95%
of the allowable.
APPLICANT: Chuck Bellock, represented by Stan Mathis.
LOCATION: Lot 6, Red Butte Subdivision.
STAFF COMMENTS: Please refer to the application for the complete
representation of the proposal. Planning staff finds that some
aspects of the project are not in compliance with the general
neighborhood guidelines.
Mass and Scale
1. All buildings should help establish a sense of human scale
that is inviting to pedestrians.
2. New buildings should appear to be similar in scale to those
in the established neighborhood, or to the scale that is
desired for the neighborhood.
Response: The traditional character of the Red Butte Subdivision
is 1960's suburban ranch style, split level, and two story
residences. The proposed structure is proposed with a maximum
height of 27 feet. Building components are designed to be in
proportion to the scale of the structure and do not appear
monumental. To reduce the perceived scale and mass of the
building, the garage should be separated into its own detached
structure.
The existing neighborhood residences are setback from the main road
100 to 150 feet. The proposed residence will be 78 feet from the
road, which presents a significant difference from the existing
built environment. Staff would not want the house to be located
any closer to the river because of the river impacts that could
result. Since the house requires a closer encroachment to the
street than the traditional nature of the subdivision, this is an
indication that the proposed residence is out of scale with the
existing neighborhood.
Garages
12. Minimize the visual impact of garages.
Response: The garage doors have been oriented to the side yard and
therefore not highly visible from the street. As mentioned in Mass
and Scale above, staff recommends that the garage be separated into
its own building.
Driveways
13. Minimize the visual appearance of driveways and parking
surfaces.
Response: The proposed circular driveway in the front of the
residence and the access drive to the garage create significant
paved and parking surfaces. Staff believes these hard surfaces are
excessive and can be reduced if the garage was put into a separate
structure and the driveway redesigned.
RECOMMENDATION: Staff recommends that the project be revised as
described. In it's current form, the residence has some
inconsistencies with the "Neighborhood Character Guidelines" and
should be revised as requested.
ASPEN NEIGHBORHOOD CHARACTER
DESIGN C011MITTEE
C/O ASPEN/P ITK I N PLANNING OFFICE
CITY OF ASPEN
130 SOUTH GALENA STREET
ASPEN,COLORADO 61611
RE: BELLOCK/MORRISON RESIDENCE - LOT 6, RED BUTTE SUBDIVISION OR
1420 RED BUTTE DRIVE, ASPEN, COLORADO
COMMITTEE MEMBERS;
THE FOLLOWING IS A DESCRIPITION OF THE EXISTING NEIGHBORHOOD
CHARACTER IN WHICH THE PROPOSED RESIDENCE IS TO BE LOCATED.
THE NEIGHBORHOOD IS ZONED R-15. THE MAJORITY OF THE STRUCTURES ARE
SINGLE FAMILY RESIDENCES, A FEW HAVING A.D.U.S. THE RESIDENCES ARE
FOR THE MOST PART LOCATED ON LOTS THAT RANGE IN SIZE FR0H
23,000 S.F. TO 35,000 S.F. THE FLOOR AREA OF THESE RESIDENCES VARY
FROM APPROXIMATELY 3,000 S.F. TO 5,500 S.F. THERE IS A 111Y OF
ARCHITECTURAL STYLES ALONG RED BUTTE DRIVE. HOWEVER, MOST
STRUCTURES HAVE PITCHED ROOFS AND ARE RANCH STYLE AND SPLIT LEVEL
WITH A FEW 2 STOREY RESIDENCES. THE RESIDENCES ON THE EAST SIDE OF
RED BUTTE DRIVE ARE SITED AS CLOSE TO THE ROARING FORK RIVER AS
POSSIBLE, THEREBY CREATING LARGE FRONT YARDS. HOUSES ON THE WEST
SIDE APPEAR TO BE AT THE 1`11N FRONT YARD SET BACK OF 25 FT.
MATERIAL USE INCLUDES STUCCO, STONE, WOOD SIDING, METAL ROOFING,
ASPHALT SHINGLES, ETC. FINIALLY, MOST SITES ARE FLAT AND WELLVEGETATED ESPECIALLY ALONG THE RIVER.
THANK YOU FOR YOUR CONSIDERATION IN THIS MATTER.
BEST REG D
CHUCK BELLOCK
11AY 8, 1995
ASPEN NEIGHBORHOOD CHARACTER
DESIGN COMMITTEE
C/0 ASPENIP ITK I N PLANNING OFFICE
CITY OF ASPEN
130 SOUTH GALENA STREET
ASPEN, COLORADO 61611
ATTN: KIM JOHNSON
RE. BELL OCKIMORRISON RESIDENCE - LOT 6, RED BUTTE SUBSIVISION
1420 RED BUTTE DRIVE, ASPEN, COLORADO
DEAR C01111ITTEE MEMBERS,
THE APPLICANT, CHUCK. BELLOCK, IS REQUESTING AN APPROVAL FOR A
SINGLE FAMILY RESIDENCE THAT HAS AN AFFORDABLE DWELLING UNIT FOR A
TOTAL OF 5,230 S.F.
THE LOT IS APPROXIMATELY 35,485 S.F. OF WHICH APPROXIMATELY 2,982
S.F. IS UNDER WATER RESULTING IN A NET LOT AREA OF 32,503 S.F. FOR
THE PURPOSES OF FLOOR AREA CALCULATIONS. THIS SIZE LOT IN THIS
ZONED AREA (R-15) ALLOWS A STRUCTURE OF 5,500 S.F.
SINCE THE LOT IS GREATER THAN 9,000 S.F. THE DESIGN CONNITTEE'S
REVIEW IS ADVISORY.
THE SITE IS OUTSIDE OF THE BOUNDRY OF ANY OF THE FIVE RESIDENTIAL
NEIGHBORHOODS AS SHOWN ON THE ATTACHED VICINITY MAP. THE
COMMITTEE REVIEW STANDARDS WILL BE BASED ON THE GENERAL GUIDE-
LINES FOR ALL CORE AREA NEIGHBORHOODS. THEREFORE, THE DISCUSSION
THAT FOLLOWS, RESPONDS TO CHAPTER 1 OF THE ASPEN NEIGHBORHOOD
CHARACTER DESIGN GUIDELINES.
MASS & SCALE
1) THE SCALE AND PROPORTION OF THE VARIOUS BUILDING COMPONENTS
ARE SMALL IN SCALE TO THE OVERALL MASS OF THE BUILDING. ALL
BUILDING COMPONENTS BEGIN AND END WITHIN ANY ONE FLOOR LEVEL.
THE OVER HANGS AND RECESSED SPACES ARE NOT TO LARGE SO AS TO
CREATE A MONUMENTAL SCALE.
2) THIS STRUCTURE IS SIMLAR IN SCALE AND h1ASS OF THOSE IN THE
NEIGHBORHOOD.
3} THE STREET ELEVATION OF THIS STRUCTURE DOES APPEAR TO BE IN
SCALE WITH THOSE SEEN TRADITIONALLY AND THE ARCHITECTURAL
FEATURES ARE IN SCALE.
4) THE ELEVATIONS INDICATE NO GRAND ENTRY
BULIDING FORII
5) [a, b ,c,l ALL OF THESE GUIDELINES ARE FOLLOWED IN THE PROPOSED
STRUCTURE.
SITE DESIGN
6) THE PRIMARY ENTRANCE IS ORIENTED TO THE STREET AND ITE11S a, b, & d
ARE FOLLOWED.
7) [a, b,1 THESE GUIDELINES ARE FOLLOWED IN THE PROPOSED STRUCTURE.
0) THIS STRUCTURE DOES NOT AFFECT SOLAR ACCESS TO ADJACENT SITES.
BUILDING MATERIALS
9) [a, b, c, d, e] ALL OF THESE GUIDELINES ARE FOLLOWED IN THE PROPOSED
STRUCTURE.
ARCHITECTURAL FEATURES
10) [a, b, c, d, e] ALL OF THESE GUIDELINES ARE FOLLOWED.
1 1) THERE ARE NO SOLAR COLLECTORS OR SKYLIGHTS.
GARAGES
12) THE IMPACT OF GARAGE MINIMIZED BY ORIENTING THE DOORS AWAY
FROM THE STREET AND INTERGRATING IT INTO THE MASS OF THE HOUSE.
DRIVEWAYS
13) ABOUT 50% OF THE EXISTING DRIVEWAY IS BEING REUSED AND A LAND-
SCAPED AREA AT THE C I RCULAR DR I VE I S PROV I DED.
SERVICE AREAS
14) SERVICE AREAS WILL BE SCREENED.
IMPACT ON HISTORIC BUILDINGS
15 & 16) THESE GUIDELINES ARE FOLLOWED.
APPLICANT:�JT/ac�l
ADDRESS: (�� �.ciTl �C/ ��� �i S"t. INN
ZONE DISTRICT: �r✓ �LMI(�M Ca���7`�
LOT SIZE (SQUARE FE=7: �✓5 —T 5 -�
EXIST ING FAR:
ALLOWABLE FAR: 550 0 5 r
PRCPCSEO FAR: �J 2?,D - ; ,� -i CoV�4•�� ��1'Z!' �S
EXISTING NET LEASABLE (commercial):
PROPOSED NET LEASABLE (commercial):
EJCISTING o OF SITE COVERAGE:
PSCPCSED o CF SITE COVERAGE: IV5 v o
EXISTING o OF OPEN SPACE (Commercial):
PROPOSED o OF OPEN SPACE (Commer.):
EXISTING MAXIMUM HEIGHT: __ ?LSide.: 2514o HIP I-r 300i A" g1dc-
P9CPOSED MAXIMUM HEIGHT: _P7=1_Bldc.: 2- V -� �,o kl ftj f,r Accesscry Bldg:
PROPOSED a OF DEMCLITICN: a6TI oe' Roo 5re, WILL DEW ,
E<1STING NUMBER OF BEDROOMS:
P9CPOSED NUMEER OF BEDROOMS: ILL)
EXISTING ON -SIT E PARKING SPACES:
ON-S ii � PARKING SPACES REQUIRED:
SETBACKS
EXISTING:
ALLOWABLE:
PROPOSED:
I
Front:
Front:
Front:��—.
Rear:
Rear.
t
I
Rear:
Side:
Side:
_IO
Side:
3 '�
Combined FrcnVRear.
Combined Frt/Rr:
I �'h
Combined Front/Rear-
EXISTING NONC ONFORMITIESJ
ENCROACHMENTS:
VARIATIONS R C UPSTr-O tPligible for i andmarks Only: character rim fibility finding must be made by HPCI:
FAR: Minimum Distance Between Buildings:
SETBACKS: Front: Parking Spaces:
Rear: Open Space (Commercial):
Side: Height (Cottage Infill Only):
Combined FrtJRr: Site Coverage (Cottage Infill Only):
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ASPENTITE IN
COIVLMUNITY DEVELOPMENT DEPARTMENT
Cite of Aspen Development Application Fee Policy
The City of Aspen Pursuant to Ordinance 0 (Series of 1994), has established a
fee sttUcture for the processing of land use applications. A flat fea or deposit is
collected for land use applications based on the type of application submitted.
R-ferral fees for other City departments reviewing the application %611 al€o be
collected wher, necessary. One check including the deposit for Planning and
referral agency fees must be submitted with each land use application, made
Fa,yable to the A.spcnlPi'tkin Pianninp, Office. Applications will not be acceptedcprocessing waho�at the regained application. fee.
A flat fee is collected by Planning for Staff ,approvals which normally take a
minim2l and pred;ctable amount of staff time to process. The fee is ncr
refundable.
A deposit i5 Collected by Planning when more extensive staff, review is required,
as hours are likel�' ro var substantially from one application to another. Actual
stuff time spent will be clurgrcl against the :leposit. After the dopo'nic ilas UtCAU
expended, t}e applicant will be billed monthly. baud on acraal staff hours.
Yurrent billings must be paid within 30 days or processing of the app►►:nation will
be suspended, rf ar: applicant has prevlous.y failed pa; appiica ion fees as
required, no new cr addiCzenal applications will be accepted for processing Until
liar ou6Lhri ling rout are, pdi:l. Ill Itu cast. will Building PeriItils bc: isSUCd "3'16l all
costs associated with case processing have been paid. After the final aVion cn
the project, any r .mahung balance from the deposit will be renird.ed to tri_
applicant.
Applications which :Ccuircd lriust iaClUdr an 7CCI-i�f-C- �-=—`;�` '•- i�t
Dey ,loLirr� .nt Ao;lic,ation The Agreement establishes the applicant as bein-
responsible for pavm.nt of all costs associated with processing the anplic8t?Ot.
The Agreement must be signed by the party responsible for payrr e4:t and
submitted with the appIication is order for it to be accepted.
The complete fee schedule for land use applications is listed on the rep e a e s;d z .
_:.; : I_r_�j:il;
•
ASPENTITKIN
CONZITUTVITY DEVE 1CIMEN T DEPARTMENT
T
Ayreme t dr ayme f City of -Aspen Devil n menc
CITY OF ASPEN (hereinafter CITY) and � 'X)--) % ,'ln�jl�
(hereinafter APPL CANT) AGREE AS FOLLOWS:
APPLICANT has submitted to CITY an application. fur
�&) _
(11treinafter, THE PROJECT).
2. APPLTC��I�« understands and agrees that ""ity of Asper. Q:gina:ice
No. 68 rS Ties of 190,41 esmblisp,s a ft-- .ctt't!ctun for Planzting applications and
th payment of all processing fees is a condition p reccaent to a determination of
arplication completeness.
3. APPYil. IC ANT and CITY" agree that because of the size; ,-ja. ; cr
s rope of the proposed project, it is riot possible at rhis time m ascertain the ful'
extent of the ^osts involved in proccs:.ing the appji,�ation. APPL.ICAN'!' $rd
CITY further agree :rat it is in the interest of the patties to allow APPLICAN A'
to make payment of an initial deposit and to thercafter ver.mit additional cos:; Co
be billed to APPLICANT on a monthly basis. APPLICANT ucrecs 11c w; l be
benefited by retaining greater casts liquidity and wall mak:p additiona; payme7Es
nil- on tiotirieat:on by the CITY whin tll;,y Oro ne-essary as costs are incurred.
CITY agrees it will be benefited through the ozeateI certainty or r;�;:overing it.-S fun
costs Lo proces, APPLICANT'S application.
4. CITY and APPLICANT fuxtlier agree that it is ;n 1pl�acticablw for
CITY staff to complete processing or present suffncieru informatirn to the
Pia►z�iits Commissionatldior Clty Council to enable the Flaanirg Conn ss:oil
anal/or sty Coµ :il to ntakjC legally required findings for pr eject approval,, unie5s
current billings are paid, in ffi,l' prior to decision.
B���i�n_. -C1i TPii�=�Iul'
I'1H - - - 1 ^ . j _ j , . is _I i F . 11_1-'
to
5. Therefore, APPLICANT agrees that in ecnsideration of the C$TY's
waiver of its right to collect, full fees prior to a determinat;on of applic tion
completeness, APPLICANT shall pay an initial deposit in the amount of $
which is for hogs of Planning staff time, and if actual recorded costs exceed
the initial. deposit, APPLICANT shall pay additional monthly billings to CITY to
reimburse the CITY for the processing of the application mentioned above,
including post apprcval mview. Such periodic payments shall be made within 30
days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing.
CITY OF ASPEN
Byz
3SILa-lup sbrn-�
Community Development Director
0�
/- 0
By:
Date:._��/1�
Mailing Address:
—_—
May 8, 1995
Clty of Aspen
130 S. Calena
Aspen, Colorado
Re, Lot E, Red Butte Subdivision
To Whom it may Concern:
I, Chuck Bellock, authorize Stan Mathis to rspresen, ma I^ land use rr<�ttars for �h� a��tie
referenced property.
n
Sincerely,
Chuck Bellock
fiG+Mpd 6k t ;�3608a•pn
It
• SCHEDULE A •
f ORDER NUMBER: 00020571CS
1. EFFECTIVE DATE: April 08, 1994 AT 8:00 A.M.
2. POLICY OR POLICIES TO BE ISSUED: AMOUNT OF INSURANCE
A. ALTA OWNER'S POLICY $
PROPOSED INSURED: CHUCK BELLOCK AND
MADELEINE MORRISON
B. ALTA LOAN POLICY $
PROPOSED INSURED: NORWEST
MORTGAGE, INC., IT'S SUCCESSORS
AND/OR ASSIGNS AS THEIR INTEREST
MAY APPEAR
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.
$
20.00
FORM DEL.1-4
$
50.00
FORM 110.7
$
25.00
FORM 100
$
50.00
FORM 8.1
$
50.00
FORM 100.30
$
151.90
AUTHO IZED SIG -NATURE
STEWART TITLE OF
ASPEN, INC.
620 E. Hopkins
ASPEN, COLORADO 81611
303 925-3577
FAX 303-925--.384
•
SCHEDULE B - SECTION 1
ORDER NU14BER: 0002457,1CS
REQUIREMENTS
THE FOLLOWING .L.RE THE�{r UIREMEfiTS `; 0 BE Co I La ED WITH:
ITEM (A) PAYMENT TO OR FOR THE ACC01JNT of I'HE GRANTORS OR Mi CRTGAGORS
OF THE: FULL CONSIDERATION FUR TN: ESTATE OR INTEREST TO BE INSURED.
I-&ZK (B) PROPER INSTRUMENT(5) CREATING THE ESTATE OR INTEREST TO SE
INSURED MUST BE EXErU'iEL AND DULY FILED FOR RECORD, TO WIT:
1. Evidence satisfactory to Stewart Title Guaranty Company,
furnished by the Office of the Di.:ectcr of Finance, City of
Aspen, that the real estate transfer tax pursuant to City
Ordinance No. 20 (Saries of 1979) , has been paid or that^
conveyance is exempt from said tax.
2. A. Certificate of non -foreign status, duly executed by the
seller(s), pursuant to Section 1445 of the Internal Revenue Code
AND
B.Satisfactory evidence of the seller(s) Colorado residency (or
incorporation) pursuant Lc Colorado house Bill 92-1270.
NOTE: Section 144 , of the InteY nal Revenue Code re.juires
witholding of tax from sales proceeds if the transferor (seder)
is a foreign person or entity. Colorado House Bill 92-1270 may
require witholding of tax from sales proceeds if the seller(5)
is not a Colorado res id;ant , Detailed information and Forms are
available from Stewart Title.
3. Release of Deed of Trust dates'. November 25, 1992, executed by
Zoe Murphy Compton, to the Pu.,lic Trustee of Pitkin County, to
secure an indebtadness of $520, 000. 00, in favor of Pitkin county
Bank & Trust Company, recorded December 8, 1992 in Book 697 at
Page 8 as Reception r4o. 351651.
4. Release of need or Trust dated December 5, 1938, exec1.:ted by Zoe
Murphy Compton, to the Public Trustee of Pitkin County, to
secure an indebtedness of $260,000.00, in favor of Thatcher Bank
Federal. Savings Bank, recorded December 9, 1988 in Book 520 at
Page 397 as Reception No. 306738 and re --recorded Marc.'i 22, 1-989
in Hook 588 at Pace 353 as ,deception No. 309894 and re-_�•eccrded
May 24, 1989 in Book 593 at Page 202 as Reception No. 311763.
NOTE: The beneficial inzerest under said Dead of Trust was
assigned of record to The Prudential Home Mortgage Company, Inc.
by Thatcher Bank Federal Savings Bank recorded January 9, 1989
in Book 583 at Paq! 94 as Reception No. 307675 and re -recorded
March 31, 1989 in 3ook 598 at Page 947 as Reception No. 310140.
5. Deed from vested <-,rner, vesting fee simple title in
purchaser(s).
Continued on next page
i
T - C i ! I I i_I :.l -1 j _ 1 _ (•'j 'i` !_I .� ! F_� !'•! J i_i �.i f i �J
•
CONTINUATION SHEET
SCHEDULE B - SEC':'I0N
ORDER NO: 000205?1C8
6. Deed of Trust from the Borrower to the Public Trustee fo; thL,
use of the proposes: lender to secure the loan..
7. Improvement Survey of the subject property, conpl.eted in the
last six months approved by Stewart Title of Aspen, I:nc., this
vurvay is to be retained in the files of Stewart Title of Aspen,
Inc. and Stewart Title of Aspen, Inc. reserves the right to add
further requirements and/or exceptions to this commitment upon
receipt of said survey.
S. Indemnity and Affidavit as to Debts, Liens and Leases, duly
executed by the seller and approved by Stewart Title of Aspen,
Inc.
r
SCHEDULE B - SECTION 2
EXCEPTioNs
ORDER NUMBER: 0002057;C8
THE POLICY OR POLICIES TO BE 13-SUED WILL CONTAIN EXCEPTIONS TO 'THE
NCLLOWING UNLESS THE ME ARE DISPOSE-0 OF TO THE SAT-SFACTION OF
THE COMPANY:
1. RIGHTS OR CLAIMS OF rPARTIES I'd POSSESS.O*i NOT SI?4 TiV BY THE
PUBLIC RECORDS.
2. EASEMENTS, OR CLAIMS OF EASEMENTS, 2:0T SHOWN BY THE PUBLIC:
RECORDS.
3. DISCREPANCIES, C^N1'L1CTS IN BOUNDARY LINES, SHORTAGE 1N AREA,
ENCROACIiMENTS, Ai'D ANY FACT'S WHICH A CORRw4T SURVEY AND
INSPECTION OF TH:� : RrMSSES WOULD DISC',USE AND WHICH ARE1:•OT
SHOWN, BY THE PUBLIC RECORDS.
4. ANY LIEN, OR RIGHT ':u A LIEN, FOR SERVICES, LABOR OR Mr�`^ERIAL
HERETOFORE OR HERFr.FTER FURNISHED, ?HPGSED BY LAW ;-,ND NOT
SHOWN BY THE PUBLIC RECORDS.
5. DEFECTS, LIENS, ENC-tTBRANCES, ADVERSE CLAIMS OR OTHER MATTERS,
LF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECOXADS OR
ATTACHING SUBSEQUENT ILO THE: EFFECTIVE DATE HEREOF BUT PRIOR
TO THE DATE PROPOS =D INSURED ACQUIRES OF RECORD FOR VALUE
THE ESTATE OR !NTEP EST OR MORTGAGE THEREON COVERED BY THTIS
COMMITMENT.
6. UNPATENTED MINI JG CLAI*'iS,` WATER RIGHTS, CLAIMS OR TITLE 'x'c. 'SAT: R.
7. A11Y AND ALL UNPA'10 TAXES ANv ASSESSMENTS AND ANY U,NREDrEM D TAX
SALES.
8. THE, Ex ,,, Or J_ A;-SION,S IN ANY GENERAL OR SPECIFIC WATER
CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER
DISTRICT OR INCLUSION IiJ ANY WATER SERVICE OR STRErT ?'MPRJvEMv_NT
AREA.
9. right of the proprietor of a vein or lode to extract and
his ore theraf=c:, 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 Rr-
Butte Subdivisi,;;n recorded September 23, 1960 in Bank 191 at
Page 598 as Reception No. 110276, and Addendum and Amendment -
to Protect.;.ve Covenants recorded June 21, 1979 in Book 371 at
Page 116 as Reception No. 215592 , Addendum and Amendment _� ec:orded
August 15, 1950 in Book, 393 at Page 200 as Reception No. 2?60C3,
Addendum and Amendment to Protective Covenants recorded August
15, 1980 in Book 393 at Page 202 as Reception No. 226004, Anendment
to Protective Covenants recorded August 18, 1981 in Book 412 wt.
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, 1936
in Book 505 at Page 360 as Reception No. 275604.
11. T:tility easea7�nts as sthown on Plat of said Subdivision.
Continued on next page
CONTINUATION SHEET
• SCHEDULE B - SECTION 2
ORDER NUMBER: 00020571C8
12. This policy does not insure title tc land comprising the shores
or bottoms of rivers and is subject to a^y build :gyp or loss of
property along r<oaring For- River, caused by the processes of
accretion and reli ction, or caused by man :,fade changes in the
flow of water or in the courpe of the river bank or river
channel; also subject to the free and unobstructed flow of the
water of said river.
13. Any Joss or damage due to violation of 100f setback frcm 100
year Floddplain as shown on ii6 Country Engineering, Inc.
survey dated December 1, 1-9S�3 as File No. 93107.01.
NOTE: Provided that Stewart Title of Aspen, Inc. records the
documents of conveyance in the proposed transaction the Sta;:us
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 i.i the status of said title Exception Yo.
5 herain will be deleted; if said update reveals intervening
liens or changes in the status of said title appropriate
action(a) 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
form. Copies of the 1992 form Policy Jacket, setting forth said
terms, conditions and exclusions, will be made avaiiable upon
request.
e
City o(' Aspen
C'rc-Application Conference Sunuluary
Applicant41 ve
Representative s I'hone
Owner's Name
Type of Application
Description of the Imijecililcvciopillcnl beii �,rcc cste
Tlle�applicant has
.rkuorls:
AQ�;iSI•o9 �� / �
Rail Date
reyucsle(I to respond to the following items and provide the following
Lund Use Code Sccl ion Cotunlculs
Referrnl Agencies
The review is: (P&Z only) (CC nnl�) (P&Z and CC)
Public tic l learin es n(,,o)�d�mlyl , Regie�I r b g (y ) 4er S�te[aM
Deposit fur Ilse Application Review:
Rclerral agency tat fees.
TOTA1,1)ETO,SIT _
(Additional hours are 611W al a talc of ITO/lir.)
To Apply Submit the Following hlfor1111111all:
I.
2.
__f,U mar 1Y) 5.
v G.
&-A
8.
9.
lo.
Proof of uwncrship.
Signer) fee agrecnlcnl.
Apphcanl's imme, address al:d tcicphunc number in a letter signed by the applicant
Which also dales the naluc, :►ddress and (Cie ►holle Iiumber of file leplesclllative.
'total deposit for rcvicNv of Ihc. application q Z5 .f q z6
copies of the cv,,wictc application packet aiidnaps.
Zeller explaininE, the request (existing cundilions and pruposed uses), including
street address ;old Icgal description of the properly.
An 8 1/2" by I I" vicinity niap locating the parcel within the City ul' Aspen.
Site plan shall include properly boundaries, tut sine, propused access, and physical
features (drainageways, slrcams, rivers, c(c.)
,I,llcse dents need to be submitted if circled:
a, List of acliacent pruperly owners within 300 feet of [lie subject property with addresses.
i� Site photos.
C. Proof of legal access lu the parcel.
d. historic Preservation Commission review/approval.
ASPEN / PITKIN PLANNING OFFICE
130 S.GALENA •
ASPEN, CO 81611
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Mr. Chuck Bellock
1400 28th St., #100.
Boulder, CO 80303
RE: 1420 Red Butte Dr.
Dear Mr. Bellock:
77
JukP117'.
COMMUNITY DEVELOPMENT DEPARTMENT
Please let this letter serve as follow-up to your recent inquiry regarding the "vesting" of
your property located in Aspen. After much discussion with both the Zoning
Administrator and the City Attorney's office, it was discovered that this same request was
put forth by you last fall. -At that time (and still to this day) it was determined that the
originalStream Margin Review (SMR) and Conditional Use approvals for an attached
Accessory Dwelling Unit (ADU) never included the vesting request. As a result, the
approvals are only vested for a time period of 18 months, meaning that the project is
"immune" from any changes in city requirements during that timeframe. Even assuming
an amendment to the development• order from the Community Development Director's
approval of the Stream Margin Exemption in June, 1995, the vesting is no.longer valid.
Because a building permit was not issued within the 18 month -period, and because the
city council has since made modifications to both the Stream Margin Review process and
the accessory dwelling unit (ADU) standards, it is unjikely that your project, as approved,
will conform with zoning review at the. time you apply for a building permit. Therefore,
in the final analysis; staff does not believe that you would be'able to proceed with your
project without a re-evaluation of Stream Margin Review and Conditional Use approval.
Because it is unclear from the drawings in the files as to what was approved, Staff
recommends that you (or your representative) schedule a pre -application meeting with a
staff planner to review your proposed drawings. If it can be determined that the.
"approved plans" still can meet the new requirements for both Stream Margin Review
and Conditional Use Review, you "might" be able to proceed into the building permit
process without further review by the Planning and Zoning Commission.
However, you should also be advised that since your previous approvals, the City has
passed an ordinance which establishes standards for residential design (Ord. 30). Before
a building permit can be issued, a staff review of,the architecture of the residence is
required for compliance with Ordinance 30. A brief review of the elevations in the
original case file indicate that the design will not comply with the Ord. 30 requirements:
130 SOUTH GALENA STREET • ASPEN, COLORADO 81611-1975 - PHONE 970.920.5090 • FAx 970.920.5439
Printed on Reeyded Paper
In summary, it appears that the site is subject to all new existing ordinances which apply
to Stream Margin Review, Conditional Use, and Residential Design Standards before a
building permit can be issued. We recommend that you meet with a staff planner to
evaluate your project against today's ordinances to determine the level of review
necessary in order to issue a permit. If you have any questions regarding this matter,
please feel free to contact me at (970) 920-5100. I can assist you in scheduling a meeting
with a planner at your convenience.
Sincerely,
Julie Ann Woods, A.I.C.P.
Attachments: Residential Design Guidelines
Sec. 26.68.040 Stream Margin Review
Sec. 26.40.090 Accessory Dwelling Units (ADU's)
cc: David Hoefer, Asst. City Attorney
Sara Thomas, Zoning Administrator
Stan Clauson, Community Development Director
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