HomeMy WebLinkAboutLand Use Case.CU.1420 Red Butte Dr.A65-95CASELOAD SUMMARY SHEET
City of Aspen
C
DATE RECEIVED: 5 9 95 PARCEL ID AND CASE NO.
DATE COMPLETE: 2735- 013 -02 -007 A65 -95
STAFF MEMBER: KJ
PROJECT NAME: BELLOCK/MORRISON FAR REVIEW (la S
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
Bldg Inspector
Representative Address /Phone:
Housing Dir.
Fire Marshal
Aspen
CO 81611
Holy Cross
Clean Air Board
City Electric
--------------------------------------------------
FEES: PLANNING $ 425 #
APPS RECEIVED
9
ENGINEER $ #
PLATS RECEIVED 9
HOUSING $
Energy Center
Other
ENV. HEALTH $
TOTAL $ 425
�J�A TYPE OF APPLICATION: STAFF AP
ing Date - - �� 2� PUBLIC
1 STEP: XX 2 STEP: _
HEARING: YES
VESTED
RIGHTS: YES
NO
CC Meeting Date PUBLIC
HEARING: YES
NO
VESTED
RIGHTS: YES
NO
DRC Meeting Date
REFERRALS:
City Attorney
Parks Dept.
School District
City Engineer
Bldg Inspector
Rocky Mtn NatGas
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
DATE REFERRED:
FINAL ROUTING:
INITIALS: / , DUE:
DATE ROUTED:
_ City Atty _ City Engineer
Housing _ Open Space
FILE STATUS AND LOCATION:
Zoning _Env. Health
Other:
,I
1-77521 8 -770 P-328 12/27/94 09 :24R PG 1 OF 9. REC DOC
SILVIA DAVIS PITKIN COUNTY CLERK k RECORDER 20.00 y 7 Gk
\ RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
l 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,
REDIBUTTE SUBDIVISION) FOR CHUCK BELLOCK
Resolution No. 93 -/kN
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
y 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 -770 P -3;29 12/27/94 09:24R PG 2 OF 4
Resolution #94-
Page 2
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 , 3hall make the final determination that the unit meets
the m n i.IUUM 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
issl;lttnce 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
1 is approved by the Engineer and Planning Office's it
shall be filed with Pitkin County Clerk and Recorder's
Off ice.
C. The applicant shall obtain an encroachment license for
Uif> Vence which encroaches into the public right -of -way
or relocate the fence onto private property, prior to
_sf�uance 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. ,\ 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 Zon.nq 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
\
permitl.ed u
(,(.side the northern edge of this envelope. This
J shall. pcf!v.�nt any construction debris, soil, rock or
vegetation from impacting the stream bank and river.
s �
377521 B -770 P -330 12/27/94 09:24A PG 3 OF 4
Resolution #94 -_
l 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
\ adversely affect the river.
J 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.
l
f Resolution #94 - _
Page 4
Attest:
AJ
J Carney,
Deputy City Jerk
VA
Zoning o ission:
AV,
^a ,
377521 N -770 P -331 12/27/94 09:24F', OF 4
A
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.
I IAY U, I n J75
ASPEN NEIGHBORHOOD CHARACTER
DESIGN COMMITTEE
C/O ASPEN /PITKIN PLANNING OFFICE
CITY OF ASPEN
130 SOUTH GALENA STREET
ASPEN,COLORADO 81611
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 FROM
28,000 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 MIX 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 MIN 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 WELL
VEGETATED ESPECIALLY ALONG THE RIVER.
THANK YOU FOR YOUR CONSIDERATION IN THIS MATTER.
CI
MAY 8, 1995
ASPEN NEIGHBORHOOD CHARACTER
DESIGN COMMITTEE
C/O ASPEN /PITKIN PLANNING OFFICE
CITY OF ASPEN
130 SOUTH GALENA STREET
ASPEN,COLORADO 81611
ATTN: KIM JOHNSON
RE. BELLOCK /MORRISON RESIDENCE - LOT 6, RED BUTTE SUBSIVISION
1420 RED BUTTE DRIVE, ASPEN, COLORADO
DEAR COMMITTEE 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 COMMITTEE'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 SIMILAR IN SCALE AND MASS 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 FORM
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 ITEMS a, b, & d
ARE FOLLOWED.
7) [a, b,l THESE GUIDELINES ARE FOLLOWED IN THE PROPOSED STRUCTURE.
8) THIS STRUCTURE DOES NOT AFFECT SOLAR ACCESS TO ADJACENT SITES.
BUILDING MATERIALS
9) [a, b, c, d, el ALL OF THESE GUIDELINES ARE FOLLOWED IN THE PROPOSED
STRUCTURE.
ARCHITECTURAL FEATURES
10) [a, b, c, d, el ALL OF THESE GUIDELINES ARE FOLLOWED.
11) 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 CIRCULAR DRIVE IS PROVIDED.
SERVICE AREAS
14) SERVICE AREAS WILL BE SCREENED.
IMPACT ON HISTORIC BUILDINGS
15 & 16) THESE GUIDELINES ARE FOLLOWED.
APPLICANT:
ADDRESS:
ZONE DISTRICT:
LOT SIZE (SQUARE FEEL
EXISTING FAR:
ALLOWABLE FAR:
PROPOSED FAR:
EXISTING NET LEASABLE (commercal):
PROPOSED NET LEASABLE (commercaq:
EXISTING % OF SITE COVE.RACE:
PRCPCSED % OF SITE COVERAGE:
EXISTING % OPEN SPACE (Commercal):
PROPOSED o OF OPEN SPACE (Commer.):
EXISTING MAXIMUM HE:GHT:
PROPOSED MAXIMUM HEIGHT:
PROPOSED 'a OF DEMCLITICN:
EXISTING NUMEER OF BEDROOMS:
PRCFOSEJ NUMBER OF BEDROOMS:
EXISTING ON -SIT E PARKING SPACES:
ON -SITE PARKING SPACES REQUIRED:
S ETB ACK S
ST,4N M� �o� e l9lk �rGl- {.00�II:
I 4-'Lo auri T(, DID (qrin,
9-15 MWOM D�U�,17Y
35
6
'BLyr :lad y:.-�. :,��
5 4,4 bl)
EXISTING: ALLOWABLE: PROPOSED:
Front: Front Front:
Rear. Rear: Rear.
Side: Side: 10 Side:
Combined Front/Rear. Combined FrVRr. Ir_A Combined Front/Rear:
EXISTING NONCONFORMITIES/
ENCROACHMENTS:
VARIATIONS REO IFSTrD lalioitle for I zndmarks Only ahzraater comnafibilitV findina must be made by HPCI
FAR:
Minimum Distance Between Bu
SETBACKS: Front:
Parking Spaces:
Rear:
Open Space (Commerdal):
Side:
Height (Cottage Infill Only):
Combined FrtlRr.
Site Coverage (Cottage Infill Only):
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C
ASPEN /PITS IN
CONalUNITY DEVELOPMENT DEPARTMENT
City of Aspen Development Application Fee Policy
The City of Aspen pursuant to Ordinance 68 (Series of 1994), has established a
fee structure for the processing of land use applications. A flat fee or deposit is
collected for land use applications based on the type of application submitted.
Referral fees for other City departments reviewing the application will also be
collected when necessary. One check including the deposit for Plafming l a
anning d
referral agency fees must be submitted with each land use application,
payable to the AspentPitkin Planning Office. Applications will not be accepted
for processing without the required application fee.
min mal 2nd predl abe amoun- of tim Approvals
to pro ess. The fee take a
is
refundable.
A deposit it collected by planning when mgre extensive staff review is required,
as hours are likely to vary substantially from one application to another. Actugl
staff time spent will be charged against thr deposit. After the depu!,it ilah bCCll
expended, the applicant will be billed monthly based on actual staff hours.
Yurrent billings roust be pxid within 30 days or processing of the application will
be suspended. If ar appl ►cant has previously failed to pay application fees ?.S
required, no new or additional applications will be accepted for processing until
Lhe uutsttlnding fees are pail. Ill Ilu case will Building Periniu be lssuedl 'ailtil all
the o eet an ' np from the de After action
posit will be refunded to u n
applicant.
Applicatl on . whit h ic-quirc a dcuosit mint iticlude an &Ll i qlc iy ftli �aYj<<;
Oevglo_s�tr, t iii -ati ees The Agreement establishes the applicant as beir;
responsible for payment of all costs associated with processing the applica or..
The Agreement must be signed by the party responsible for paymf—lt R, -d
submitted with the application ir order for it to be accepted.
The compute fee schedule for land use applications is listed an the rever=e sl.°
:I_i
ASPEN /PITKIN
CE3M14 IMTY DEVELOPMUNI'T DEPARTMENT
CITY OF ASPEN (hereinafter CITY) and :1'(' L' j bF -1
(hereinafter APPLICANT) AGREE AS FOLLOWS:
APPLICANT has submitted to CITY an application for
5AR -�,&1
( horeinafter, THE PROJECT).
2 APPLICANT understands and agrees that City of Aspen Ordinance
No. 68 (Series of 1994? establishes a fee .ctrt:cnire for Planning applications and
the payment of all processing fees is a condition precedent to a determination of
application completepess.
3. APPLICANT and CITY agree that because of the size riarur . or
scope of the proposed project, it is riot possible at this tinge to ascertain the full
extent of the costs involved in processing dre application, APPLICAN I' and
CITY further agree t it is in the interest of the parties to allow APPLICANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed to APPLICANT on a monthly basis, APPLICANT unrecs he will be
benefited by retaining greater cash liquidity and will make additional payments
upon notification by the CITY whcr they src necessary as costs are incurred.
CITY agrees it will be benefited through the greater certainty of r;: overing its full
costs to process APPLICANT'S application.
4. CITY and APPLICANT futtlier agree that it is impracticable for
CITY staff to eorrplete processing or present sufficient information to the
Plawiit, Commission andior Uty Council to enable the Planning Commission
and /or City Council to make ld,ally re quired findings for project approval, unless
current billings are. paid in full prior to decision.
- L�Jl CJN',TPl T i_i�.
5. Therefore, APPLICANT agrees that in consideration of the CsTY's
waiver of its right to collect full fees prior to a determination of applic doti"
completeness, APPLICANT shall pay an initial deposit in the amount of S
which is for — hours of Planning staff time, and if actual recorded costs exceed
the initial deposit, APPLICANT shall pay additional monthly billings to CI'T'Y to
reimburse the CITY for the processing of the application mentioned above,
including post approval review. Such periodic payments shall be made within 30
days of the billing Gate. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing.
CITY OF ASPEN
S lausbrs
Community Development Director
Malting Address:
1400 00
2
Date:__aq /l t
May S, 1995
City of Aspen
130 S. Calena
Aspen, Colorado
Re: Lot 6, Red Butte Subdivision
7o Whom it may Concern:
1• � _' d0 _ia� c
i, Chuck Bellock, authorize Stan Mathis to represent nee in land use matters for ,ha abcre
referenced property.
Sincerely,
Chuck Bellock
96wpd6k1;6608��pn
i
A
ORDER NUMBER: 0002057108
SCHEDULE A
1. EFFECTIVE DATE: April 08, 1994 AT 8:00 A.M.
2. POLICY OR POLICIES TO BE ISSUED:
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.
AMOUNT OF INSURANCE
$
S
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 SI ATURE
STEWART TITLE OF
ASPEN, INC.
620 E. Hopkins
ASPEN, COLORADO
303 925 -3577
FAX 303 - 925 -.384
81611
SCHEDULE B - SECTION 1
ORDER NUMBER: 00020571CS
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 CONSIDERATIO14 FOR THE ESTATE OR INTEREST TO BE INSURED.
ITEM: (B) PROPER INSTP.UMENT(S) CREATING THE ESTATE OR INTEREST TO BE
INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD, TO WIT:
1. Evidence satisfactory to Stewart Title Guaranty Company,
furnished by the Office of the Director of Finance, City of
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.
2. A. Certificate of non - foreign status, duly executed by the
seller(s), pursuant to Section. 1445 of the Internal Revenue Code
AND Colorado residency (or
9.Satisfactary evidence of the seller(s)
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 residant. Detailed information and Forrs are
available from Stewart Title.
3. Release of Deed of Trast dated November 25, 1992, executed by
Zoe Murphy Compton, to the Public Trustee of Pitkin County, to
secure an indebtedness of $550,000.00, in favor of Pitkin County
Bank & Trust Company, recorded December 8, 1992 in Book 697 at
Page 8 as Reception No. 351651.
4. Release of Deed of Trust dated December 5, 198e, executed 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 March 22, 1989
in Book 588 at Page 35 as Reception No. 309894 and re- recorded
May 24, 1989 in Book 593 at Page 202 as Reception. No. 311768.
NOTE: The beneficial interest under said Deed of Trust was
assigned of record to The Prudential Home Mortgage Company, Inc.
by Thatcher Bank Federal Savings Bank recorded January 9, 2989
in Book 583 at Pag: 94 as Reception No. 307675 and re- recorded
March 31, 1989 in 3ook 588 at Page 947 as Reception No. 310140.
5. Dead from vested caner, vesting fee simple title in
purchaser(s).
Continued on next page
CONTINUATION SHEET
SCHE'OULE B - SECTION 1
ORDZR NO: 000205'?iC8
6. Deed of Trust fr r.. the vorra «er to the Public Trustee for the
use of the proposau lender to secure the loan.
7. improvement Surv� -v of the subject property, completed in the
last six months approved by Stewart Title of Aspen, Inc., this
survey is to be �: in the files of Steuart Title of Aspen,
Inc. and Stewart Ti -tle of Aspen, Inc, reserves the right to add
further requirements and/or exceptions to this corimitment upon
receipt of said survey.
8. Indemnity and Af_icavit as to Debts, Liens and Leases, du'lY
executed by the sealer and approved by Stewart Title of Aspen,
Inc.
t
..
SCHEDULE B - SECTION 2
EXCEPTIONS
ORDER NUMBER: 00020571C8
THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE
FOLLOWING UNLESS THE S:A-ME 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 CLA -MS 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
INSFECTZ02r 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 HEREr'.FTER FURNISHED, IMPOSED BY LAW AND NOT
SHOWN BY THE PUBLIC RECORDS.
5. DEECTS, LIENS, ENCLTMBP.ANCES, 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. ?^IPATENTED MINING CLAIMS; WATER RIGHTS, CLAIMS OR TITLE TO WATER.
7,
A N AND ALL UNPAID TAXES AND ASSESSMENTS AND ANY UNRnD$EMED TAY
SALES.
8. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER
CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER
DISTRICT OR NCLUS�TON IN ANY WATER SERVICE OR STREET IMPROVEMENT
AREA.
9. Right of the proprietor of a vein or lode to extract and ~emove
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 S.
10. Terms, conditions and obligations of Protective Covenants of Rad
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
August 15, 1530 in Book 393 at Page 200 as Reception No. 226003,
Addendum and Amendment to Protective Covenants recorded August
. , 1980 in Book 393 at Page 202 as Reception No. 226004, ?,mendment
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 sr on Plat of said Subdivision.
Continued on next page
CONTINUATION SHEET
SCHFt%U B - SECTION 2
ORDER MWER: 000__ ^05' 'Cs
12. This policy does not insure title to land comprising, the shores
or bottoms of ri'rers and is subject to ary build 'up or loss of
property along Roaring For.: River, caused by the processes of
accretion and reliction, ar - -used by man made changes in the
flow of water or in the courae of the river bank or river
channel; also sur:j > ct to the free and unobstructed flow of the
water of said river.
13. Any loss or damage due to violation Of 100' setback from 1C0
year Floodplain as shown on H::gh Country Engineer 4 na, Inc.
survey dated Deccnber 1, as File No. 93107.07..
NOTE: Prov.,':sd that stewart Title of Aspen, Inc. r_2cords the
documents of cony °eyance in the proposed transaction the s *.atus
Of title will " updated from the time of tM:is coMmitment to the
time of said race -ding. If said Up'uate reveals no intervening
liens or other changes in the status of said title vxc:�pticn Yc,.
5 herein will be deleted; if said update reveals intervening
liens or changes in the status of said title appropriate
actions) will be 'taken to disclose or eliminate said charge
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 199:? form Policy :,acket setting forth said
terms, conditions and exclusions, wil'_ be made available upon
request.
I
J
City of Aspen
Pre - Application Conference Summary
raj
Project &C/, Applican s to
Representalive'
Owner's Name
I'hone
1' anncr ate
'I'ype of Application
Description of pile pr
has yctrr rcques(ed to respond to the following item's and provide the following
Land Use Code Sccliorr Comments
Referral Agencies
1
The review is: (P &Z unit') (CC nl) (P &Z and CC)
�f MJV1 Re
Public Ilearing: (yes) (no) � S gjC( A )
Fri
I)cposil fur the Applicaliuri 1 eview:
Referral agelicy Ilat fees:
TOTALVEPOSIT
(Additional hours are (irl ei al a rate u1G3/ rr•)
To Apply Submit the holluwhrg hrfornudi:nr:
I.
2.
1.
C ����q I✓1 5.
p �J G.
8.
9.
IU.
Proof of ownership.
Signed fe e agreement.
Applicant's name, address tm:d lelephune number in a letter signal by the applicanl
Which also slides the mum, address and Icle phone number of the represerrhdive.
Tulal deposit for review of Ihc. application $ Z5 •f q Z5
copies of the cvrnplctc application packet anilinaps.
tiirnuirary leller explaining file request (existing cunditiuns and prupused uses), including
street address and legal description of the pnoperly.
An 8 1/2" by I I" vicinily map pocaling the parcel within the City of Aspen.
Site plan shall include property boundaries, J sire, prupused access, and physical
features (drainageways, streams, rivers, etc.)
'These items need to be submitted if circled:
a List of adjacent property owners within 70U feel of lire subject pruperly with addresses.
Site pholos.
c. Proof of legal access it) the parcel.
d. Ilisloric Preservation Commission review /approval.
Vim `.•" rn+- �
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1
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