HomeMy WebLinkAboutLand Use Case.CU.412 N Mill St.39-834lZ � WA. S� 2-.1C,-1�3
Andrews
I
X
f
I
i
CASELOAD SUMMARY SHEET
City of Aspen
No. 3 / — 83
Staff: CQ/PT-r— lomj7e
APPLICANT:�.� .. - 1 Phone:
.. I_
TYPE OF APPLICATION:
I. GMP/SUBDIVISION/PUD (4 step)
1. Conceptual Submission
2. Preliminary Plat
3. Final Plat
II. SUBDIVISION/PUD (4 step)
1. Conceptual Submission
2. Preliminary Plat
3. Final Plat
III.EXCEPTION/EXEMPTION/REZONING (2 step)
IV. SPECIAL REVIEW (1 step)
1. Special Review
2. Use Determination
X 3. Conditional Use
REFERRALS:
Attorney
C Engineering Dept.
Housing
(Fee)
($1,840)
($1,120)
($ 560)
($1,290)
($ 830)
($ 560)
($1,010)
($ 465)
Date Referred: 9a? -- g:j
Sanitation District
Mountain Bell
Parks
Water Holy Cross Electric
City Electric ]7Fire Marshall/Building Dept.
FINAL ROUTING: Date Routed:
✓ Attorney ✓ Engineering
✓ Building Other
School District
Rocky Mtn. Nat.Gas
State Hgwy. Dept.
Fire Chief
Other
DISPOSITION:
CITY
P&Z REVIEW:
i
CITY
COUNCIL REVIEW:
.:
i r
1
�e., !`
�,., , ::. �i�,:a
''� t
s
:•r
CITY P&Z REVIEW:
CITY COUNCIL REVIEW:
Ordinance No.
Ordinance No.
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Colette Penne, Planning Office
RE: Andrews - Conditional Use
DATE: October 4, 1983
At your meeting of September 20, 1983, you indicated that if
this proposal included visual upgrading of the property, the
conversion of a unit to the residential use would be acceptable.
The original memo of the Planning Office on this conditional use
is still our recommendation. We have not seen the renovation
plans, but they will be presented at the meeting for your evaluation.
The City Attorney's Office is adding a performance condition to the
Conditional Use Permit for the exterior upgrading to be part of the
approval.
�.
Y
i P ,
i n � ,. �� c o � 1 I �.�z,• �- ". � � � � ;1.� �.Z-SZ_.__ II--Q V � Q. viz--� c ` ��.
+ --L
I
•
•
Memorandum
To: Aspen Planning & Zoning Commission
From: Robert W. and Jane G. Andrews
Re: Andrews Conditional Use
Date: September 20, 1983
Location: 412 N. Mill Street
Condominium Units B-8 and B-10
Zoning: S/C/I
Applicant's
Request: Conditional Use approval and conditional use permit
for a dwelling unit (accessory to a permitted use)
in the SCI zone.
1) The Planning Office stated "we must be concerned with any proposal
which will affect the ability of legitimate service -commercial and
industrial uses to occupy that space. We believe that the
introduction of residential uses in the few existing S/C/I buildings
will impact the upfront costs for other permitted uses to locate
there. As the Building Department's comments indicate, the fire
separation requirements are considerably increased when a residential
use is introduced. The only existing areas zoned S/C/I are the
Andrews-McFarlin buildings, the area to the north of the Pitkin
County Courthouse, the Post Office parcel, and in the Trueman
project. Essentially, the remaining potential buildout is limited
to the Andrews-McFarlin parcel and the area behind the Courthouse,
with each area able to increase by approximately 25,000 sq. ft.
This much additional buildout would require substantial redevelop-
ment and we are aware of no plans for this magnitude of increase
by any S/C/I property owners. If this application was part of a
proposal for redevelopment and expansion (upgrading) of the
property, it might be less impactive on the zone, certainly in
terms of the reduction of available space. The Building Department
comments point out compatibility problems with surrounding land
uses."
We realized the value of Building B's location, and that we
could build more service/commercial space behind the building
under the code. We also were aware of how much that would cost
so condominiumized the building. Our plan was and still is to
sell some of the spaces so we can recover enough capital to make
it feasible to build more space. Along with the buildout, we
plan to face Building B to match the Trueman property across the
street. In order to do all this, we need to build up a viable
business. Units B-8 and B-10 were vacant for one year even while
we advertised in the Aspen Times classified section every week.
We are asking for a conditional use permitting us to live there so
we can move from a negative to a positive cash flow. Our negative
cash flow is the result of our honoring the S/C/I zoning which
has kept our rents considerably lower than Building A and the S/C/I
zoned buildings across the street. These buildings are renting
space to retail businesses and office use in violation of the
zoning codes. We are not applying for a zoning change, but merely
for a permitted use under the code. We will not take away S/C/I
space as we will live in our business space.
2) We need a dwelling unit adjacent to our rental business in order
to be competitive with Clark's Market which is open from 8:00 am
to 10:00 pm. Clark's rents carpet cleaning equipment which we
plan to be our mainstay while we build up our business.
3) Parking is not a problem for Building B now that Clyde McFarlin
no longer has an auto repair shop there. Only one tenant, Creative
Printers, has deliveries parking at the building and we have
customer parking in front of the building: These spaces are never
all filled. Each tenant has one parking space behind the building
and we will only take one space. We will also only have one bedroom.
Clyde has his own parking for Building A.
4) The Planning Department states, "The 'neighborhood' is not parti-
cularly suited to residential occupancy." There are housing units
above Clark's Market and above the Sanitation Building so we do not
feel our dwelling unit would be unsuitable.
S) The restrictions drafted by Gary Esary define our conditional use
so that no precedent is being set. Our intention is merely to
live there long enough to get our business established, sell some
condominiumized spaces, upgrade Building B and build more S/C/I
space on our property.
6) Units B-8 and B-10 have complied with the 3-hour fire wall
protection.
Ever since we purchased the Andrew/McFarlin buildings in 1976,
we have cooperated with the city government. The city's wishes
regarding our two buildings have changed from time to time, in-
cluding the attempted purchase of the land, tearing down the
buildings, trading equivalent land and buildings and various other
ideas which never materialized. We then decided to split our
partnership with Clyde McFarlin and condominiumize so we could
sell spaces and improve our property.
We earnestly request your approval of a conditional dwelling unit
under the S/C/I zoning code.
Sincerely,
Bob and Jane Andrews
•
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Colette Penne, Planning Office
RE: Andrews - Conditional Use
DATE: September 20, 1983
The Planning Office has reviewed the draft of a conditional
use permit for an accessory dwelling unit in the SCI zone for
Robert W. and Jane Andrews. Nothing in the draft alters our
concern expressed in the original memo from your September 6, 1983
meeting and we continue to recommend denial of the accessory dwelling
unit.
jASPEN*PITKINOEGIONAL BUILOI& DEPARTMENT
M E M O R A N D U M
TO: Colette Penne, Planning Office
FROM: Jim Wilson, Chief Building Official
DATE: August 24, 1983
RE: Andrews Conditional Use
As per my memo of April 14th (attached), Building "B" of the Andrews McFarlin
Condominiums has been approved by this department. The dwelling unit now
being requested for units B-10 and B-12 will not affect the overall fire
life safety of the building, if the current tenants remain; nor will there
be any code problems for future use of adjacent space by tenants of a
"nonhazardous" nature.
"Hazardous" occupancies as defined by Building Code are those industrial uses
similar to auto repair garages, woodworking establishments, dry cleaning plants,
and certain warehouses. Building Code does not prohibit a mixture of
residential and hazardous occupancies in the same building with required fire
separation (walls and/or ceilings) provided. The required fire separation
between residential and hazardous occupancies is "3-hour rated" construction,
requiring multitudinous quantities of block or concrete and steel.
I would like you and the P&Z Board to consider the excessive expense that
would be imposed on a future tenant required to provide such substantial
construction. The S/C/I zone was created to accomodate uses of a "hazardous"
nature. Allowing a residential use in this building will financially restrict
future "hazardous" uses effectively diminishing an already confined zone.
offices: mail address:
110 East Hallam Street 506 East Main Street
Aspen, Colorado 61611 303/925-5973 Aspen, Colorado 81611
0
•
MEMORANDUM
TO: Colette Penne, Planning Office
FROM: Jay Hammond, City Engineering�-
DATE: August 19, 1983
RE: Andrews Conditional Use - Special Review
-------------------------------------------------------------
Having reviewed the above application, and made a site
inspection, the Engineering Department offers the following
comments:
1. We would anticipate no significant engineering impacts
by inclusion of the residential use in this location.
2. Revision of the condominium plat should not be necessary
if the apartment comprises all of units B4 and B6.
JH/co
•
•
CERTIFICATE OF MAILING
I hereby certify that on 19 XJ a true and
correct copy of the Notice of Public Hearing regarding
was deposited into the United States mails, postage prepaid, and addressed
to the following:
222 IJ2&
Martha Eichelberger
• •
PUBLIC NOTICE
RE: Andrews Conditional Use
NOTICE IS HEREBY GIVEN that a public hearing will be
held before the Aspen Planning and Zoning Commission on Tuesday,
September 6, 1983 at a meeting to begin at 5:00 p.m. in the
City Council Chambers of City Hall, 130 S. Galena Street, Aspen
to consider conditional use approval for an accessory dwelling
unit to a permitted use in the SCI zone. For further information,
contact the Planning Office, 130 S. Galena Street, 925-2020, ext. 223.
s/Perry Harvey, Chairman
Aspen Planning and Zoning
Commission
Published in the Aspen Times on August 11, 1983.
City of Aspen account.
•
6
q,!�. (it +�
_L1dY-L_ �&
N
/l7 5
MEMORANDUM
TO: City Attorney
City Engineer
Building Department
PLANNER: Colette Penne
RE: Andrews Conditional Use - Special Review
DATE: August 2, 1983
Attached is a letter of application requesting a dwelling unit
accessory to a permitted use, and repair at the Andrews McFarlin
Condominium Units B-4 and B-6, located at 412 N. Mill Street.
Please review the application and return your comments to the
Planning Office by August 22 so that we may prepare for its
presentation at the P&Z.
Thank you.
•
MEMORANDUM
TO: /City Attorney
City Engineer
Building Department
PLANNER: Colette Penne
RE: Andrews Conditional Use - Special Review
DATE: August 2, 1983
Attached is a letter of app cation requesting welling unit
accessor to 't and repair at the An re McFarlin
Condominium Units B- and B-6, located at 412 N. Mill Street.
Please review the a plication and return your comments to the
Planning Office by ugust 22 so that we may prepare for its
presentation at the P&Z.
Thank you.
RE
g(-m
� , P� � I ,,,,01. r• Jan�.c • s .-..� 5 � •`� l � S� K A ryy�... b� v-'� .:- —f�C
4ar,..+k ,,ems : - r Pr 2- ✓1
01
-
2 -,(4-r'� � � 4 _ ..�- -.�gc (<<s� �i� Can � � r.(1k�� �•C .
HUB � � �.rrs r?� -du
4. w i 1 (cam • VZLkf �-t
s _
•
•
July 20, 1983
City Planning Dept.
130 S. Galena St.
Aspen, CO 81611
Dear Sir:
Per Sec. 24-3. 3 of the Aspen Municipal Code regarding grant of
conditional use in terms of the suitability:
1. The use complies with all requirements imposed by the zoning code.
2. The proposed use is compatible with surrouding land uses and uses
in the area.
3. There will be no structure enlargement or expansion in ground area.
4. There will be no unusal traffic hazards, noise, dust, fumes, odors,
smoke, vapor, vibration, glare or industrial waste disposal problems
attached to the proposed use.
5. Equipment rental because of the flexibility of use and return hours
requires living adjacent to the business.
Sincerely,
W. ndrews
•
•
July 20, 1983
City Planning Dept.
130 S. Galena St.
Aspen, CO 81611
Dear Sir:
Per Sec. 24-3. 3 of the Aspen Municipal Code regarding grant of
conditional use in terms of the suitability:
1. The use complies with all requirements imposed by the zoning code.
2. The proposed use is compatible with surrouding land uses and uses
in the area.
3. There will be no structure enlargement or expansion in ground area.
4. There will be no unusal traffic hazards, noise, dust, fumes, odors,
smoke, vapor, vibration, glare or industrial waste disposal problems
attached to the proposed use.
5. Equipment rental because of the flexibility of use and return hours
requires living adjacent to the business.
Sincerely,
U ' �tl�
W. ndrews
0
July 15, 1983
City Planning Dept.
130 S. Galena St.
Aspen, Colorado 81611
Be:
Application for SCI Conditional use of a dwelling unit
accessory to SCI permitted use of equipment -rental,
storage, and repair at Andrews McFarlin Condominium
Units B-6 and B-4, 412 N. Mill Street
We are applying under Section 24-3. 2 Permitted and Conditional Uses
of the AspenMunici pal Code for: a dwelling unit accessory to a permitted
use, specifically Properties West, a property maintenance company
specializing in carpet and upholstery cleaning rental equipment and materials
related thereto.
Sincerely,
ane G. Andrews
Robert W. Andrews a)4_�
ASPEN*PITKIN&EGIONAL BUILD*G DEPARTMENT
MEMORANDUM
TO: Gary Esary, Asst. City Attorney
FROM: James,Wilson,., Building Official
DATE: April 14, 1983
RE: Andrews McFarlin Condominiumization
Building "B" of the Andrews McFarlin Condominium map has been
inspected by this department as per the requirements of Section
20-22(e) of the Aspen Municipal Code. It meets the minimum
Fire, Health and Safety requirements for condominiumization,
It has been agreed that prior to the sale of any unit in
Building "A", a similar Fire, Health and Safety must be per-
formed on Building "A".
offices: mail address:
110 East Hallam Street 506 East Main Street
Aspen, Colorado 81611 30,"25-5973 Aspen, Colorado 81611
D_
CONDITIONAL USE PERMIT FOR UNITS B-8 AND B-10 BUILDING B,
ANDREWS/MCFARLIN CONDOMINIUM, AS DESCRIBED IN THE CONDOMINIUM
MAP THEREOF RECORDED IN PLAT BOOK 14 AT PAGES 82-83 AND AS DEFINED
AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR ANDREWS/MCFARLIN
CONDOMINIUM RECORDED IN BOOK 443 AT PAGE 517, ALL OF THE RECORDS
OF PITKIN COUNTY, COLORADO
The Aspen Planning and Zoning Commission, pursuant to Section
24-3.3 of the Aspen Municipal Code and after consideration at
duly -noticed public hearings held at its meetings on September 6
and 20, 1983, does grant to Robert W. and Jane Andrews, as husband
and wife, a conditional use permit to occupy Units B-8 and B-10 of
the Andrews/McFarlin Condominium (as described above) as an acces-
sory dwelling unit according to the following conditions:
1. The permitted use shall be a bona fide for -profit equip-
ment rental, storage and repair business with customary and regu-
lar business hours, such business to be operated soley by Robert
W. and Jane Andrews and their employees.
2. The accessory dwelling unit shall be occupied only by
Robert W. and Jane Andrews and their guests. This conditional use
permit shall expressly not be assignable or transferrable and
shall be personal to Robert W. and Jane Andrews.
3. The permitted use and accessory dwelling unit shall be
in one unified space (being the whole of Units B-8 and B-10) and
shall not be separated by a lockable door.
4. Prior to occupancy of the accessory dwelling unit, Units
B-8 and B-10 will be separated from the remainder of Building B by
a three-hour fire separation wall (according to the Uniform Build-
ing Code) to ensure that the residential occupancy will not put
potential additional financial burdens on future neighboring S/C/I
tenants.
5. The permitted and conditional uses subject to this per-
mit shall not be modified, enlarged or changed in any way without
prior approval of the Planning and Zoning Commission pursuant to
Section 24-3.3(c) of the Municipal Code.
6. By signature below, Robert W. and Jane Andrews, as
record title owners of Building B of the Andrews/McFarlin Condo-
minium, accept the foregoing conditions of this permit and stipu-
late that this document may be placed of record in the office of
the Clerk and Recorder of Pitkin County, Colorado.
THE ASPEN PLANNING AND ZONING
COMMISSION
By
Perry Harvey, Chairman
ACCEPTED BY:
Robert W. Andrews
Jane Andrews
Owners of Building B,
Andrews/McFarlin Condominiums
STATE OF COLORADO
ss.
County of Pitkin )
The foregoing instrument was acknowledged before me this
day of , by Robert W. and Jane
Andrews.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
Address
•
•
MEMORANDUM
TO: ASPEN PLANNING AND ZONING COMMISSION
FROM: Colette Penne, Planning Office
RE: Andrews Conditional Use
DATE: September 6, 1983
Location: 412 N. Mill Street
Condominium Units B-4 and B-6
Zoning: S/C/I
Applicant's
Request: Conditional Use approval and conditional use
permit for a dwelling unit (accessory to a permitted
use) in the SCI zone. The applicant did not
request change in use review (pursuant to Ordinance
#36), but since it is also a one-step review we
will consider it here.
Referral
Comments: The Engineering Department reviewed the application,
made a site inspection and has the following
comments:
"l. We would anticipate no significant
engineering impacts by inclusion of the
residential use in this location.
2. Revision of the condominium plat should
not be necessary if the apartment comprises
all of units B-4 and B-6."
The City Attorney made the following comments:
"l. Property maintenance is not specifically
listed as a permitted use in the zone,
although it is "similar" to other permitted
uses. The Planning and Zoning Commission
will probably elicit facts as to whether
"specializing" in equipment rental is
sufficient to make the described business
a permitted use.
2. There may be a change-in-use/residential
GMP impact here.
3. The conditional use permit should list
the specific conditions of operation of
the equipment rental business (if the
permit is granted, of course) and the
employee housing accessory dwelling
unit probably should be deed -restricted
to employees of the bona fide permitted
use, pursuant to a written permit, with
any change in use subject to further
review pursuant to Section 24-3.3(c).
4. Will cleaning materials create fumes,
vapors, etc.?
5. Do these units have designated customer
parking?"
The Building Department has inspected Building B
and found it to be in compliance with the minimum
fire, health and safety requirements for condo-
miniumization. The dwelling unit now being re-
quested will not affect the overall fire life
safety of the building, if the current tenants
remain; nor will there be any code problems for
the future use of adjacent space by tenants of a
"non -hazardous" nature.
"Hazardous occupancies as defined by Building
Code are those industrial uses similar to
auto repair garages; woodworking establishments,
dry cleaning plants, and certain warehouses.
Building Code does not prohibit a mixture of
residential and hazardous occupancies in the
same building and hazardous occupancies in
the same building with required fire separation
(walls and/or ceilings) provided. The required
fire separation between residential and
hazardous occupancies is "3-hour rated" con-
struction, requiring multitudinous quantities
of block or concrete and steel.
I would like you and the Planning and Zoning
Commission to consider the excessive expense
that would be imposed on a future tenant
required to provide such substantial construction.
The SCI zone was created to accommodate uses
of a hazardous nature. Allowing a residential
use in this building will financially restrict
future hazardous uses, effectively diminishing
an already confined zone."
Planning
Office
Review: The permitted use to which this residence would be
accessory will be a new business called Properties
West. It will be a property maintenance company
specializing in carpet and upholstery cleaning
rental equipment, and related materials. As the
City Attorney's Office points out, property main-
tenance is not listed as a permitted use and
"specializing" in equipment rental may not be
sufficient to make the business a permitted use.
It will be a condition of our review that the
operation of the business in this building is
limited to equipment rental, storage and repair.
The applicant's justification for the dwelling
unit need is that "the flexibility of use and
return hours requires living adjacent to the
business."
The Planning Office is not convinced that such an
equipment rental business requires an around -the -
clock return and rental capability. Since there
is limited S/C/I space available in the City of
Aspen, we must be concerned with any proposal which
will affect the ability of legitimate service -commercial
and industrial uses to occupy that space. We believe
that the introduction of residential uses in the
few existing S/C/I buildings will impact the up-
front costs for other permitted uses to locate
there. As the Building Department's comments
indicate, the fire separation requirements are
considerably increased when a residential use is
introduced.
The only existing areas zoned S/C/I are the Andrews-
McFarlin buildings, the area to the north of the
Pitkin County Courthouse, the Post Office parcel,
and in the Trueman project. Essentially, the
remaining potential buildout is limited to the
Andrews-McFarlin parcel and the area behind the
Courthouse, with each area able to increase by
approximately 25,000 sq. ft. This much additional
buildout would require substantial redevelopment
and we are aware of no plans for this magnitude of
increase by any S/C/I property owners.
There is additional interest in use of S/C/I space
for accessory residential uses. We have had
several conversations with other individuals
considering the conversion of such space from
commercial to residential use. These units can be
an inexpensive alternative to conventional res-
idential units. We feel this tradeoff is detri-
mental to the S/C/I zone. The Change in Use
provisions of Ordinance 36 (Series of 1983) allow
a GMP exemption when there are negligible growth
impacts. Generally, a change from a commercial
use to a residential use requires the provision of
less services. In this case, the limited amount
of S/C/I space available should caution you to
seriously consider the advisability of converting
any of it to residential purposes.
In terms of the Conditional Use criteria of Section
24-3.3 of the Municipal Code, the use in the S/C/I
zone would be operated within an enclosed structure,
there will be no noxious implications of a residential
use as outlined in Section 24-3.3(d)(2) and any
outdoor storage, equipment or refuse areas would
have to be concealed from view of public rights -
of -way.
In considering the suitability of the conditional
use, the commission shall determine:
"(b)(1) Whether the proposed use otherwise
complies with all requirements imposed
by the Zoning Code,
(2) Whether the proposed use is consistent
with the objectives and purposes of this
Zoning Code and the applicable zoning
district, and
(3) If the proposed use is designed to be
compatible with surrounding land uses
and uses in the area."
Criteria (1) presents no problems, however, (2)
and (3) raise some questions. Residences in the
S/C/I zone are conditional uses rather than
permitted uses, so that close scrutiny is given to
a proposal to locate living units in this zone.
As discussed earlier, there is very limited avail-
ability of space for permitted S/C/I uses. If
this application was part of a proposal for redevelop-
ment and expansion (upgrading) of the property, it
might be less impactive on the zone, certainly in
terms of the reduction of available space. The
Building Department comments point out compatibility
problems with surrounding land uses.
The objective of the S/C/I zone is first and
foremost to provide space for limited commercial
and industrial purposes. In a letter from Robert
W. Andrews and Clyde McFarlin dated January 27,
1982 to the City of Aspen, an application was made
for condominiumization of this property. The
•
•
Planning
Office
Recommenda-
tions:
intent of the owners was "to provide an opportunity
for service commercial businesses to locate in
Aspen on a more permanent basis."
The question of available parking raised by the
City Attorney presents yet another problem. In
the condominiumization file, the applicant indicated
available space to park 33 cars. It appears,
however, that only 500 or less than this number
are currently on -site. This living unit would
require the provision of one parking space per
bedroom.
The City Attorney also suggested, and we feel the
point is well taken, that if you were to grant a
conditional use permit for this dwelling unit as
being accessory to a permitted use, the unit
should be deed -restricted to employees of the bona
fide permitted use. Any expansion of the dwelling
unit would be further subject to "change in use"
review as well as Section 24-3.3(c) for expansion
of a conditional use.
To summarize these points, we enumerate the
following:
1. Future S/C/I tenants will be subject to
excessive construction expense in order
to locate next to a residential use.
2. The "need" for the dwelling unit to be
located adjacent to the business is not
demonstrated.
3. There is limited available S/C/I space
in the City and limited expansion potential,
and converting this space to residential
uses will limit the possibilities for
S/C/I uses to locate in Aspen.
4. The current parking configuration appears
to be constrained and the provision of
parking for this use will reduce that
available for existing S/C/I uses.
5. The "neighborhood" is not particularly
suited to residential occupancy.
6. There is sure to be added pressure for
conversion of S/C/I space to residential
space and the limited supply does not
support such conversion.
The Planning Office recommends that you deny the
conditional use request for an accessory dwelling
unit in the Andrews building in the S/C/I zone.
We further caution the applicant that the property
maintenance business must be limited to equipment
rental, storage and repair or it may not be a
permitted use.
- 4 -
July 20, 1983
i
� t
Robert Andrews
P.U. Box 3766
Aspen, Colorado 81612
ite: . Andrews/11cParlin Conuominiuij
Lear Mr, Andrews:
This is to confirn the substance of our, mecting last week on your
plans to occupy a unit of the referenced condominium.
You inriicated that your plans were to open a carpet -cleaning}
equipment rental franchi-se in the unit and then apply for oerrnis-
nion to occupy the remainder of the unit as an accessory ewellin;.
As you know, the SCI zone lists equipment rental as .a permitted
use and an accessory dwelliiia unit as e. conditional use. my
advice to you Far, that if the carpet -cleaning cauipnent rental
franchise was and continues to be a bona fide use of t:ie unit, you
could so occupy the unit by right for that• usa and t:,en apply to
the Planning and Zoning Corimission for a conditional use per:.,it
for the accessory dwellinu. You indicated that you would make
such nn application.
I must caution you again tfiut a conditional use permit for an
accessory dwelling unit in the SCI zone is not a foregone conclu-
sion. The Planning U=fice has, as I explained, consistently
attempted to reserve the dwindling, SCI zone for pure SCI uses.
Next, you asked for r,ie opinion on the ability of the Building
Department to issue an im:sediate building permit for tho remodel
of the unit to acco:;i:-,ociate the per::itted u e, p•onriing condition al
use review. At that point, 1 reached Jim Nilsen on a conferenc,�
call and indicat, d my opinion that a permit could be issues: immied-
iately for a remodel consistent with tze permittnci use. Nownver,
if the i)-,mediate perr.iit application nad f.aci,liti�s consistent with
the conditional use but inconsistent with the per:-nitted use (bed-
rooms, full bath and ki.tc.'-ien, etc.), then tho i.orl;�it mould either
be belt; until the v&Z passed on the conditional use application or
be split into two parts anri processcj an. two consecutive separate
buildings permit applications.
4 ..
Letter to nobcrt Andrews
July 20, 190
Rage Two
You indicated that you and your contractor -.,ould be meeting with
Kr. :tiilgon to discuss your building permit application in light Of
this opinion.
Please call me if this letter is not an accurate representation of
our I'Leeting.
Very truly yours,
Gary S. Esary.
Assistant City Attorney
GSE/oc
Enc.
cc: Colette Penne
jim Wilson
1i �I
C� �3
CONDITIONAL USE PERMIT FOR UNITS B-8 AND B-10 BUILDING B,
ANDREWS/MCFARLIN CONDOMINIUM, AS DESCRIBED IN THE CONDOMINIUM
MAP THEREOF RECORDED IN PLAT GOOK 14 AT PAGES 82-83 AND AS DEFINED
AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR ANDREWS/MCFARLIN
CONDOMINIUM RECORDED IN BOOK 443 AT PAGE 517, ALL OF THE RECORDS
OF PITKIN COUNTY, COLORA DO
The Aspen Planning and Zoning Commission, pursuant to Section
24-3.3 of the Aspen Municipal Code and after consideration at
duly -noticed public hearings held at its meetings on September 6
and 20, 1983, does grant to Robert W. and Jane Andrews, as husband
and wife, a conditional use permit to occupy Units B-8 and B-10 of
the Andrew s/McFarlin Condominium (as described above) as an acces-
sory dwelling unit according to the following conditions:
1. The permitted use shall*be a bona fide for -profit equip-
ment rental, storage and repair business with customary and regu-
lar business hours, such business to be operated soley by Robert
W. and Jane Andrews and their employees.
2. The accessory dwelling unit shall be occupied only by
Robert V7. ana Jane Andrews and their guests. This conditional use
permit shall expressly not be assignable or transferrable and
shall be personal to Robert W. and Jane Andrews.
,3. The permitted use and accessory dwelling unit shall be
in one unified space (being the whole of Units B-8 and B-10) and
shall not be separated by a lockable door.
4. Prior to occupancy of the accessory dwelling unit, Units
B-8 and B-10 will be separated from the remainder of Building B by
a three-hour fire separation wall (according to the Uniform Build-
ing Code) to ensure that the residential occupancy will not put
potential additional financial burdens on future neighboring S/C/I
tenants.
5. The permitted and conditional uses subject to this per-
mit shall not be modified, enlarged or changed in any way without
prior approval of the Planning and Zoning Commission pursuant to
Section 24-3.3(c) of the Municipal Code.
6. By signature below, Robert W. and Jane Andrews, as
record title owners of Building B of the Andrews/McFarlin Condo-
minium, accept the foregoing conditions of this permit and stipu-
late that this document may be placed of record in the office of
the Clerk and Recorder of Pitkin County, Colorado.
THE ASPEN PLANNING AND ZONING
COMMISSION
By
Perry Harvey, Chairman
ACCEPTED BY:
Robert W. Andrews
Jane Andrews
Owners of Building B,
Andrews/McFarlin Condominiums
STATE OF COLORADO
ss.
County of Pitkin )
The foregoing instrument was acknowledged before me this
day of , by Robert W. and Jane
Andrews.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
Address
2
S]C U= i'rs TITLE -INSURANCE CONIPAINYof Dallas_
Commitment
for Title Insurance
USLIFE TITLE INSURANCE COMPANY of Dallas, 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 subject to 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 amornt of the policy or policies committed
for have been inserted in Schedule A hereof by the Company, either at the time of 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 (6) 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 coyntersigned by an authorized officer or agent.
Schedule A
1. Effective date July 19, 1976 at
2. Policy or policies to be issued: 8 ; 00 A. M.
A. ALTA Owner's Policy Proposed Insured:
Case No. 76-07-23
Amount $ 325,000.00
CLYDE L. MC FARLIN and ROBERT W. ANDREWS
Aspen Title Co.
Inquiries directed to 925-4444
Premium s 730.75
5.00 tax cert.
B. ALTA Loan Policy Proposed Insured: Amount $ Premium s
C. Amount S Premium 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: WILLIAM R. SHAW, subject to Lease Agreement recorded
July 31, 1968 in Book 235 at Page 703. (Please see Requirements hereunder)
4. The land referred to in this commitment is described as follows:
Please see Exhibit "A" attached.
Schedule B—Section 1 Requirements
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit:
Please see Exhibit "B" attached.
(OVER)
Formerly DALLAS TITLE AND GUARANTY COMPANY
TO1L4 IOS (CO) 5.`117741_ y'._
Sb
Schedule 8—Section 2 Exception s• Street Address of Property Mr
The policy or policies to be issued will contain exceptions to the following unless tme are disposed of to the satisfdctrnn 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 theretofore or hereafter furnished, imposed by law and not shown by the
public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent
to the effective date hereof but prior to the date the proposed insured acquiries of record for value the estate or interest or mortgage
thereon covered by this Commitment.
Exceptions numbe
are hereby omitted.
Please see Exhibit "C" attached.
Conditions and Stipulations
1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting
the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to
disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from
any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured
shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance,
adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment
shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the
definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking
in good faith (a) to comply with the requirements hereof. or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create
the estate of interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule
A for the policy or policies committed for and such liability is subject to the insuring provisions, exclusion from coverage, and the Conditions
and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference
and are made a part of this Commitment except as expressly modified herein.
4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or
interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and
conditions and stipulations of this commitment.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by
ED
CO an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown
in Schedule A as "Effective D ta." USLIFE TITLE INSURANCE AMPANY of Dallas
:eaidenr
Artest: Senior vice -President• Secretory b lroasurer
Aur orrzed Signature J�
Z
EXHIBIT "A" ATTACHED AND MADE A PART HEREOF #76-07-23
LEGAL DESCRIPTION
i
A tract of land within the Northwest one -quarter of the
Southwest one -quarter of Section 7, Township 10 South, Range 84
West of the 6th P. M., described as follows:
Beginning at the Southeast corner of the Northwest one -quarter of
the Southwest one -quarter of said Section 7;
thence North 89° 32' West along the South line of the Northwest one -quarter
of the Southwest one -quarter of said Section 7 a distance of 184.4 feet;
thence North 53° 35' West 255 feet to THE TRUE POINT OF BEGINNING;
thence South 33° 28' West 108 feet along the Northerly line of a tract
of land described as "Tract B" in deed recorded in Book 276 at Page 604;
thence North 56° 32' West 120 feet along the Northerly line of a tract
of land described as "Tract B" in deed recorded in Book 276 at Page 604;
thence North 27' 21' East 197 feet more or less along the Easterly line
of a tract of land described in deed recorded in Book 180 at Page 345
to the Westerly bank of the Roaring Fork River;
thence Southerly and Southeasterly along said Westerly bank of river
165 feet more or less;
thence South 33° 28' West 12 feet more or less, to The Point of Beginning.
Pitkin County, Colorado.
EXHIBIT "B" ATTACHED AND MADE A PART HEREOF #76-07-23
REQUIREMENTS (continued)
(c) Good and sufficient estate proceedings, approved by the Company,
disposing of the interest of William R. Shaw and disposing of the
interests of the successors in interest of William R. Shaw.
(d) Release of subject property from the lien of the Colorado Inheritance
Tax.
(e) Evidence satisfactory to the Company of payment of Federal Estate
Taxes, if the value of the estate is sufficient, which may have become
due by reason of the death of William R. Shaw. .
(f) Good and sufficient deed or deeds by the successors in interest
of William R. Shaw, vesting fee simple title in Jack W. Jenkins.
(g) Deed from Jack W. Jenkins vesting fee simple title in Clyde L.
McFarlin and Robert W. Andrews.
(h) Release by the Public Trustee of Pitkin County, Colorado of Deed of
Trust from Jack W. Jenkins for the use of The Bank of Aspen, to secure
$44,000.00, dated December 6, 1973 and recorded December 11, 1973
in Book 282 at Page 187, Reception No. 164155.
NOTE: Conditional Assignment of Rents recorded December 11, 1973
in Book 282 at Page 185, given in connection with above Deed of Trust.
(i) Release or termination of security interest under the Uniform Commercial
Code affecting the subject property, notice of which is given by
Financing Statement from Jack W. Jenkins, debtor to The Bank of Aspen,
secured party, filed December 17, 1973 as Filing No. 2542.
(j) Disposition of any interest of The Bank of Aspen as evidenced by
Conditional Assignment of Rents recorded December 11, 1973 in
Book 282 at Page 183.
NOTE: We find no Deed of Trust of record in connection with above
Assignment of Rents.
(k) Release or termination of security interest under the Uniform Commercial
Cole affecting the subject property, notice of which is given by
Financing Statement from Jack W. Jenkins and Eleanor A. Jenkins, debtors
to The Bank of Aspen, secured party, filed July 22, 1968 as
Filing No. 532.
EXHIBIT "C" ATTACHED TO AND MADE A PART HEREOF #76-07-23
EXCEPTIONS (continued)
6. Taxes due and payable: for the year 1975 in the amount of $406.74,
delinquent + $5.08 interest. (These figures good thru July 31, 1976)
7. Reservations and exceptions as contained in*United States Patent
recorded June 8, 1888 in Book 55 at Page 2 as follows: 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.
8. Terms, conditions, obligations and right.of first refusal and option
as set forth in Lease Agreement between Wm. R. Shaw and Jack W. Jenkins
recorded July 31, 1968 in Book 235 at Page 703.
NOTE: Above exception will be deleted in Policy to be issued hereunder
upon recordation of instruments called for under Schedule B - Section 1-
Requirements.
9. Terms, conditions and obligations of an unrecorded lease between
Jack 14. Jenkins, lessor and Eugene G. Barabe, lessee, and the Assignment
thereof, as evidenced by instrument recorded December 13, 1974 in
Book 294 at Page 478.•
10.All existing easements, licenses, rights, or rights of way for pipe lines,
pole and wire lines, roads, ditches, or otherwise, upon, along, over, or
across subject property as set forth in deed recorded February 23, 1961 in
Book 193 at Page 278.
ll.Any tax, assessments, fees or charges by reason of the inclusion of the
subject property in Aspen Fire Protection District, Aspen Metropolitan
Sanitation District and Aspen Valley Hospital District.
I
i
II
I
I
I
I
9 I 9
9
O
J
9
N
_
"D Lo
z
J
J
o
�
10
I
BUI>,DIN6 TO BE
�
I
BJiLDI G
B •
_1K
TWO Si
N467At,
FRAME t)ti ,PiNo
I
0. 25'
�NliyG
G G E
WALL
W l l0.5p
STEP U
/
/
-011
SITE
PAN
�
SCALE I"
= 20'
ON
•
O
N
Z
Ld
N
1.`
w
w
Q
Z
CD
U
LL
Z
U
w
<
o
c
Z
ti
N
o
O
O
J
O
z
C.)
a_
Q
m
tIJ�QL
Z Y >
� C X
O
W
_U
LL
LL
O
W
z
w
0
p
J
�a
J
o
3:
W
J
LU
0
xO
0
2
ZZ
Z
W
W
Na-
Q
a
41
24),- 10
EXISTING
5TAIR5
XWN
UNIT B--7
0
UNIT 5-9
UNIT 8-11
EX15T, STAI R5
DOWN
-7, 1(0" O.G.
SIMP50N U210 'Z STORAGE AREAIs
J015T (-(ANGER ^ 51MP50N UZ10
Ala=' PLYWOOD J0 6T HANGER
VSL., �05T (O' 3` WiNO0W5 NEW 4' � (o' WINDOW -
I AI NOON TO RU/AIN TO BE REMOVED
1'0,G,
4' 0'
tj qN ' - 2" 5" 63
L�L1
N Ru 1 � � �� 0
\6� �� v 9/0' SNEETQOGK
Lo
UNIT B - S �--� — NEW Z'), 4" 6 1(0" 0, G.
SET IN EX15T, METAL
= J` (Z) MARVIN 4533 STUD WALL (4' 0"O.C.)
0
CAL FOR ENG(N6ER5 IN5PECTION AVNINC? WINI,OINS Z°,I(o" O.G.
TO DETERMINE L.DOR XNFI6URATTNw
FLOOR FRAMING MU5T BE CHEGKEC) z
o FOR ADEQUACY IN SUPPORTING NEW------�
WALJL XAP5
5TO RAGE AE30Va -HATCHED AREA
3'- Z"
i z - o"
AXIS?, SINK �
'01 LET
(5T(NC-; BAT4R00
BE REMOVED
FLOOR PLAN
SCALE 1/4" = I' - 0"
�Tr✓EL GIRDER ABOVE
FUTURE WOOD DECK
(-Z'- 0" x a'- 0" 5EE
A p SHEET
J
C�
9
0
UNIT 8-10 --_—��
W 0
T ,
M
W�Yyvv\
`EXI57ING PARTITION WALL
UNIT 8-IZ
•
is •
NOTES"
0
N
SECTION A
SCALE I = I - 0
I . TOTAL GLAZING AREAS - FOR UNITS 85 - IO
(Z) 'Y- (o' = 4E5 P0-
(4
I) 5'-C�"�31,0"--W,133
(1) Lo'), (a'- lb" : 4-0, OZ ft2
(0b.15 Z
2, ALLOWABLE (2LA55 AREA
(,14)(Z9.05)(3115)= IZ9,Z(a
3, ALL ELECTRICAL. i MECHANICAL 5Y OWNER
4, V6RIFY ALL DIM EN5/ON5 IN FIELD
5. GON5TRUCTION SHALL CONFORM TO ALL
A PPL.I G.48 LE X06.5.
co
•
V
0
Z
'
L0
Lli
CV
W
W
a
Z
0
LL
Z
C5
W
o
Z
v
J
0
O
0
z
V
LJ
Q
cQ d
QW=w
00U�
W
0
LL
L
0
Ld
W
0
U)
W
_J p
Ma
J
o
3r.
W
J
W
0
a�
�0
O -
0
Zw
zLd
acorn
Q
d Q
UNIT 6-6
I"x la" G�EARHEART
REOW000 DEGKINb
E::SLIDING GLA55 DOOR AND
vCAZI N G 5Y OWNE R
5EE CALCULAT10N5
AT RIGHT.
UNIT 3-10
DECK PLAN
SCALE 1/4" = I' - 0"
f
NOTE 'ALL RAh INCH FRAMING TO BE
GONHEART 9EDW00P
(Z) 2"y- 10'
4"ic 4' PO5T
( 7YP ) -.
P05T ��
I
v
0
9
o
N
I
lo" t 0" 9.5.
POS T
C (Z) 10,
4' 0" 4' 0'
D
0
O`
4",, 4' P05T
NOTE VERIFY ALA PIMEN5ION5
IN FIELO,
, "J
3/4"41T rRU
BOLTS
N
N
N
3/4" � THRU
BOLT5 ---
Z"x0„
SECTION C
SCALE I" I' - 0" =
SECTION B
SCALE I" = I' - 0"
'/P THRU BOLTS
•
O't 10" R.5 , BEAM
V' x 0" R 5. P05T
(TREATED)
5(MP50N EPB 00
Fr5T BASE
0" 50NOTU5E
(Z) �4 DOWELS
N
o.;
7
SELL FODTI NG
SECTION A
SCALE I" = 1' - 0"
GENERAL NOTES:
A. Design Criterion
1. Liveload: 75 psf. (PECK,
2. STOPAGE _ 125 P6-F
B. Concrete
1. Concrete has been designed in accordance with
the American Concrete Institute Building Code
(ACI 318-77).
2. Concrete shall have a minimum 28 day
compressive strength; Fc'= 3,000 psi.
C. Reinforcing Steel
1. Reinforcing steel shall be new Bille+. Steel,
ASTM A615 grade 40, Fy= 40 ksi.
D. Footings
1. Assumed maximum bearing pressure = 2,500 psf.
2. Engineer shall be notified upon excavation of
site to inspect and verify bearing material.
3. Foundation components shall bear directly on
undisturbed soil.
E. Timber
1. Framing lumber shall be Douglas Fir -Larch #1,
with minimum allowable stress as follows:
(a) Fb= 1,500 psi.
(b) Fv= 95 psi.
(c) FG= 1,250 psi.
(d) E = 1.8xlObpsi.
2. Design, fabrication and construction shall
conform to the National Design Specification
For Wood Construction, 1977, as recommended by
the National Forest Products Association.
GLAZING AREA CALCULATIONS 9OR ENTIRE 5Xb.
Existing Glazing
South Elevation Area (ft' )
(3) 72"x36" Windows 54.0
(1) 56"x54" Windows 21.0
(1) 36"x24" Windows 6.0
81.0
West Elevation
(1)
18"x24"
Door Window
3.0
(1)
54"x56"
Window
21.0
(1)
72"x36"
Window
18.0
(16)
18"xl4"
Garage Door Windows
28.0
North Elevation
(1)
36"x24"
Window
(3)
72"x36"
Window
(1)
45"x45"
Window
(1)
68"x4O"
Window
TOTAL
(Subtract South Facing Glass)
ADJUSTED TOTAL
Total Floor Area of Building
r &ACK METAi • Building Orientation:
)l NG
West 7.S° of South (Magnetic)
5X15T►NG (Z) Z"x 12" •Total Glazing Area Allowed:
VERIFY IN FIELD) South: Unrestricted
Remaining Elevations:
54)'40bA65501VO,G, 125 x 5660.8
Net Glazing Area Available:
707.6 - 162.8
70.0
6.0
54.0
14.0
18.9
92.9
243.9 ft2
162.9
5660.8 ft�
707.6
r,d5 ft2
Ok10 Note: 1. All glazing on south face shall be clear
and untreated.
2. All glazing shall be double insulating
glass.
0)
OD
V
N
Z
'
LO
N
oft
LLJ
5
Q)
NCf)
1.`
W
LL.)
a
Z
U
0
U_
Z
U
W
<
0
Cn
N
O
Z
C\jO
_I
O
U
w
O
Z
V
LLj
U)
M
m
OC U
LLJ
QCr2W
Q 0 0 X
W
U_
LL
LL
W
U
W
0
CO
W
Cr
J O
-I p
g a
_1
0
L�
J
WO
��
XO
O -
02
ZZ
Z
W
w
cv a-
Q
V Q
C&E 19 1104 9-e0 MC934"
BOOK PAGE
IU
I•
NORTH
SCALE 1" = 20'
OA515 OF bEAKINGS THE 13EARI1 IG, A5 TAKEN FROM
U.5.C. e G.5. TRJANGULATION 5TAT10N "ASPEN" QUAD 39fI0(o3
57ATION 1001 TO "ASPEN ^ZIMUTH MARK', OF 505'22'CB'E
Was USEID AS I3A515 OF I3E-,RINGS FCR THI5 SURVEY.
(DATUM PLANE: U.5.0 E G.5. MONUMENT 5.W COPTiER OF
IHE f ITKIN COUNTY COURTHOU5E, aEVATION = 7'10o, dO.
DRAWING INDEX
514EET ONE: FKOrE ZT7 e F-BUILDING LOCATION, R.IC-m-0F
WAY i UTILITY LOCATION, VICINITY MAF CF-RTIFICA-TES. 1
51-IEET TWO: UNIT DESCRIPTION, 51ZE, 4 Ffft>)&NATIONS, 1
LIM17EP i GENE"L COMMON ELEMENTS. CL.C.E., G.C.E.). l
1
EXISTING ZONING �
�G.5.1. COMMERCIAL, SERVICE, INt7U5TRIA1-. 1
h
-k'
r
nor Z
1114 1 I
-
o �� ANDREWS
io
JMcFARLIN
J CONDOMINIUM
z yG .
0'
.,\ 9 y-
�o?t\ r t.
'J El
o ck
NORTH r
I-A',E ^ _
ASPEN
ANllxENvs
y �"Cr
1
••
SIC FI*vRLIXO
ti /
�y
►s
by /0/1 ^ r,
S
ere_
••
• •
• •
CLERK & RECORDER'S CERTIFICATE
1H15 CGf`MMINIUM MAP OF ANtURI✓W5 McFilRLlh CONDOMINIUM WA5 ACCEPTED FOR FILING IN THE OFFICE
OF THE CLEPK AMID RECORDER OF TI1F COUNTY ClF PITKIN, STATE OF COLOPA(. XDO, AT. .......... 0CLOCK.....M.,
THI5...... ... ...IDAY OF ... ............................ IQ82, AND WAO OULY FILED IN LSCL'DK __._... _ AT PACE................_...,
P-ECEPTION NUMB£FZ .......... ............... .... - -....._...
PITKIN COUNTY CLERIL i RECORD E1Z
CONDOMINIUM
OWNER'S CERTIFICATE
CLY(DE L. McFA.RL)N AND PATRICA R. McFARL)N AND KOSE-UANE A T W ANMEW5 AND NDREW5, A5 OWNE25, IN
FEE. SIMPLE., OF THE FOLLOWING DE5CR113ED REt11. PROPERTY;
A TRACT OF LAND WITHIN THE NORTHWEST ONE -QUARTER OF THE 50UTHWE5T CNE-QUARTER OF
SECTION 7, TOWNSHIP 10 50U-(H, KMC7E 84 WE5T OF THE & TH PRINCIPAL MERIDIAN, (DESCRIB-
ED A5 FOLLOW5, 5EGINNING AT THE SCXJTHEAST CORNER OF THE NORTHWEST CNE-QUARTER OF -
THE 5OU-THWF_5T ONE: -QUARTER OF -)AID 5ECTION 7, THENCE N bT-52' W ALONG THE SOUTH LINT=
OF THE NORTHWEST ONE-QUAK-TEF OF THE `SOUTHWEST C ilf -QUARTER OF SAID SECTION 7
A IDIf�TANCE OF 184.4 FEET, 7HE7CE N 53"351 W Z55 FEET 70 THE TRUE POINT Cr P�F_GINNIN6,
THENCE, S 33' 28' W )O8 FEET ALONG THE NORTHERLY LINE OF A TRACT OF LAND C"ESCRI15ED A5
TRACT B" IN DEED RECORDED IN b0OK, Z70 A7 PAGE 004; THENCE N 56' 32' W I70.50 fE.ET;
THE!`ICE N 2049' 22"E I(<o.20 FEET; THENCE: 5 5&' 3Z' E -1.50 FEET, THENCE H 27' 2)' E 33.92
rEffT; FHEIJCE N 27*21'E 293-I FEET MORE OP-' LESS TO THE CENTERLINE OF -NE ROARING FORK RIVER,
THENCE SOUTH ANO SOUTH EASTERLY ir-ZS FEET MORE OR LESS ALONG SAID CENTERLINE, THENCE
DEPARTING SAID CENTERLINE S 33` 28' W 18 FEET TO THE POINT OF BEGINNING.
HEREDY CERTIFY THAT THIS MAP OF ANPREWS McFARLIN CONDOMINIUM HAS PEEN PREPARE0 FLlPjUANT TO THE
THE PUKF70f;E5 OTATED IN THE: CONDOMINIUM IDECL-ARATION FOR ANDREWS Mc5ARLIN CONMMINIUM DATED AND
PCECOKDED IN THE RECORI75 OF PITKIN COUNTY, COLORADO, (DATE ;E3CL'�IC'____....... ;PACE_._........._..__•
C.LYrJE L. NItrARLIN
_... _ ........
PATRICA, R. McFAKLIN
ROBERT W ANDRIEW
�fw>= ,ANIDREWs
STATE OF COLORA O )
COUNTY OF PITKIN ) 5 5.
THE FOREGOING OWNERS CERTIFICATE WAD ACKNOWLEI&ED BEFORE ME THI5 -........DAY OF .. . 1982
DY CLYDE L. McFARLIN, PATRICA K. MCFAKLIN, KO5ER.T W. ANIPREW5 AND JANE ANDREWS. W17NE55 MY HANDS
ANP OFFICIAL SEAL. MY COMM1551ON EXP)RES ................
NOTARY PUBLIC
SURVEYORS CERTIFICATE
I, JANIE5 F RESEZ, A REGSTEKEID LA vi) 5URVEY0R, HFR05Y CERTIFY THAT THIS MAP REPRE5ENT5 AN ACTUAL
FIELD SURVEY PERFORMED UNDER MY DIRECTION AND SUPERVISION IN IDECEMDER, 1901, OF THE PROPERTY
A5 5HOWN HEREON, AN17 THAT THE -TWC STORY METAL If5UILDIN6, THE TWO OTOKY MASONRY BUILDING, AND
THE ONE. STORY WCOD FRPME DUILDING WERE FOUND TO DE LOCATED ENTIRELY WITHIN ThE 170UNP/11R-( LINES
OF SAI1-7 REAL PROPERTY, A9 SFKJ'WN NEREOH. THE LOCATION AIyD QIMEN510N5 OF THE BOUNDARY L)NE:S,
f5UILDINCb, IMPROYEMENT9, EASEMENT.-), RIGHT5-0E-WAY IN EVIDEIyCE: OR KNOWN TO ME, ANP ENCRQY CHMENT5
5Y OR ON THESE. PREMl�E5 ARE ACCURATI=LY SHOWN ON THI5 MAP, AND THE MAP ACCURATELY ^Nr) 5UP-)VTAN7IALLY
DEPICTS THE LOCATION AND THE 110RIZONTAL ANO VERTICAL MEASUREMffNT5 OF ThE P5UILDINC5, THE CONDOMINIUM
UNITS THEREIN, THE UNIT DESIGNATIONS THEREOI= UNDER. THE INSTRUCTION5 PROVIDED ME DY THE OWNER,
rNE DIMEN2)ION5 OF 5/AI[) LNIT5, AND THE ELEVATIONS OF THE FL0OIZ5 AND CEILINE75,
J^ME5 F RE3ER , L 5. 9184
EXECUTED TH15.-.....PAY OF ae2
CITY OF ASPEN CONDOMINIUM APPROVAL
THI5 CONDOMINIUM M^P OF /WDREWS McFfYZLIN CONDOMINIUM WA5 APPKOVE0 15Y THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, . THI5 DAY OF._..._ .. . ................... 1982
HERMP t l ED1=L , MAYOR Ki�Tt tCYN KOCI I , CITY CLEt�..
CITY ENGINEER'S CONDOMINIUM APPRO'\AL
.H15 CONDOMINIUM MAP OF MPREWS MCF^KLIN WA5 APPROVED 5Y THE. CITY E.NC:,INEEr" OF
THE CITY OF ASPEN, COLORADO TH)S _.. - TEA-( OF...... ... )982 ,
... ............ . ..........
CITY ENGINEEK
PLANNING & ZONING COMMISSION APPROVAL
THI5 CONDOMINIUM MAP OF ANPREW5 McFf^RLIN CONDOMINIUM WA5 APPRO✓ED 13Y THE CITY OF ASPEN
• PLANNING AND ZONING COMM15510N THIS_ .......... hAY GF ... ... ..... ,......... ... I�I82
...... ......... ....... ................
Ci-iP�IRMP�(
NOTICE Acc.ordmq to Color adu i.lw
shbueacseh ddeutpeocnt. aInnynode, teect t nmtahyisasnuyryaecty nwyn utbo—
Commened mo(,- than tn years I'_ a
tnshee 1da,te of th, a Ilo.- s,
ho"w.,
ny nereon
Alpine Surveys
Post Office Box 1730
Aspen, Colorado 81611
303 925 2688
Surveyed 12 >1 F,�; E!1'- Revisions
Drafted ' I 82 O.K.
Title CONDOMINIUM M/V'
SHEET ONE OF TWO
I
Job No (f)I 12D 7
Client Me-1=/WLIN