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Land Use Case.CU.800 W Smuggler St.92A-89
8 0 D 6) 5yvwlv S'k 91A -V Choumas Conditional Use Review 2735-121-14-007 92A-89 CI Ul 'A CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 9/21/89 DATE COMPLETE: PARCEL ID AND CASE NO. �27? 70'7 92A-89 STAFF MEMBER: PROJECT NAME: Choumas Residence - 1 ++ Project Address: Legal Address: Lots R & S Block 8 City of Aspen APPLICANT: John Choumas Applicant Address: 4301 Seashore Drive Newport Beach CA 92663 REPRESENTATIVE: Charles Cunniffe & Associates Representative Address/Phone: 520 E. Hyman Ave. Suite 301 Aspen CO 81611 5-5590 PAID: YES NO AMOUNT: $750.00 NO. OF COPIES RECEIVED: 3 TYPE OF APPLICATION: 1 P&Z Meeting Date o I / O 7 CC Meeting Date STEP: 2 STEP: PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: City Attorney Mtn. Bell School District Z City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. DATE REFERRED: d %/� INITIALS:_ FINAL ROUTING: ;i DATE ROUTED. INITIAL: City Atty City Engineer Zoning Env. Health Housing Other: FILE STATUS AND LOCATION: • r� RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THE APPROVAL OF CHOUMAS CONDITIONAL USE REVIEW FOR ACCESSORY DWELLING UNIT Resolution No. 89-0— Whereas, the Aspen Planning and Zoning Commission held a public meeting November 7, 1989; and Whereas, the Choumas Conditional Use Review was included on the agenda; and Whereas, the Planning staff recommended approval of the conditional use for an accessory dwelling unit with conditions. NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission: That it does hereby approve the Choumas Conditional Use review for an accessory dwelling unit at 7th and Smuggler Street, Aspen with the following conditions: 1. Prior to the issuance of a Certificate of Occupancy an approved and recorded copy of the deed restriction for the accessory dwelling unit shall be filed with the Housing Auth. 2. The accessory dwelling unit shall be deed restricted to a 6 month minimum lease requirement. 3. If necessary, the applicant shall provide a 4x4 pedestal easement for phone and cable. 4. The applicant shall join a Special Improvement District if one is formed. APPROVED by the Commission at their regular meeting November 7, 1989. t 0 ATTEST Jai Carney, De uty City Clerk o from Fred Gannett, ity Attorney ASPEN PLANNING AND ZONING COMMTSSIO C. Welton And son, Chairman proved as to content: Amy Marg rum, P ning Director 4V • • On November 7, 1989 the Aspen Planning and Zoning Commission approved the conditional use review of an accessory dwelling unit for the Choumas residence subject to conditions. The property is located at 7th and Smuggler Street, Lots R & S, Block 8. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planner RE: Choumas Conditional Use DATE: November 7, 1989 SUM14ARY: The applicant seeks to construct an accessory dwelling unit attached to a single family residence. An accessory dwelling unit is subject to standards as defined in Section 5-508 of the Land Use Code. Staff recommends approval of the conditional use. APPLICANT: John and Ticia Choumas LOCATION: 7th and Smuggler Street, Lots R & S Block 8, Aspen ZONING: R-6 APPLICANT'S REQUEST: Conditional use approval for an accessory dwelling unit contained within a single family residence. REFERRAL COMMENTS: In an October 23, 1989 memo, Jim Gibbard of the Engineering Department commented that the proposal meets all the Engineering Department requirements. The Engineering Department recommends the donation of a 4x4 pedestal easement. The Department waives the requirement for an additional parking space. The Department recommends the applicant join a Special Improvement District if one is formed. STAFF COMMENTS: Section 7-304 outlines the criteria for conditional use review for an accessory dwelling unit as follows: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located. RESPONSE: The provision of an accessory dwelling unit is in line with the goals of the community to provide more affordable housing. This proposal is also consistent with the residential zoning of R-6. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. r RESPONSE: The surrounding land uses are residential. A single family residence with an accessory dwelling unit is compatible with the character of the neighborhood. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. RESPONSE: The one bedroom accessory unit is contained within the single family home. Visual impacts will be minimized as the accessory unit appears, according to the plans, to be efficiently integrated in to the primary home. The development plan indicates 4 parking spaces on site. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. RESPONSE: There are adequate public facilities in place to service this one bedroom apartment. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. RESPONSE: There will be no increased employee generation because of this accessory dwelling unit. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. RESPONSE: The accessory dwelling unit complies with the standards imposed upon accessory dwelling units pursuant to Section 5-508. The unit is approximately 500 square feet, located on grade, is contained within the primary residence and will be deed restricted to the housing guidelines for a resident occupied unit. RECOMMENDATION: Staff recommends approval of this conditional use with the condition that prior to the issuance of a Certificate of Occupancy the accessory dwelling unit shall be deed restricted to be reviewed and approved by the Housing Authority, and restricted to a 6 month minimum lease requirement. The applicant shall also provide a 4x4 pedestal easement and shall join a Special Improvement District if one is formed. 11/choumas 2 MEMORANDUM TO: City Engineer FROM: Leslie Lamont, Planning Office RE: Choumas Conditional Use Review DATE: October 11, 1989 Attached for your review and comments is an application from John Choumas for Conditional Use approval of an accessory dwelling unit. Please review this application and return your comments no later than October 23, 1989. Thank you. MEMORANDUM TO: Leslie Lamont, Planning Office FROM: Jim Gibbard, Engineering Department �1 DATE: October 23, 1989 RE: Choumas Conditional Use Review --------------------------------------------------------------- --------------------------------------------------------------- Having reviewed the above application and made a site visit, the Engineering Department has the following comments: 1. The submitted application meets all the Engineering Department requirements. 2. It is recommended that applicant join a special improvement district, if one is ever formed. jg/Choumas cc: Bob Gish Chuck Roth • ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 October 11, 1989 Charles Cunniffe & Associates 520 E. Hyman Avenue, Suite 301 Aspen, CO 81611 RE: Choumas Conditional Use Review Dear Charles, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for review by the Aspen Planning and Zoning Commission at a public hearing on Tuesday, November 7, 1989 at a meeting to begin at 4:30 pm. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. Notification to adjacent property owners and posting of a sign on the property are the applicants responsibility. Attached is a Notice to Adjacent Property Owners. If you have any questions, please call Leslie Lamont, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant ti NOTICE TO ADJACENT PROPERTY OWNERS RE: CHOUMAS CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN THAT a public hearing will be held on Tuesday, November 7, 1989 at a meeting to begin at 4:30 P.M. before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, CO to consider an application submitted by Charles Cunniffe on behalf of his client, John Choumas, requesting approval of a Conditional Use Review for an Accessory Dwelling Unit. The applicant proposes to construct a 3 bedroom single-family residence with an attached 500 square foot, 1 bedroom accessory dwelling unit. The property is Lots R & S, Block 8, City of Aspen which is located at the corner of 7th and Smuggler Streets. For further information, please contact the Aspen/Pitkin Planning Office, 130 South Galena Street, Aspen, (303) 920-5090. s/C. Welton Anderson, Chairman Aspen Planning and Zoning Commission 0 CITY OF ASPEN WAPPLICATION CONFERENCE SUMMARY PROJECT: n J i` I APPLICANT'S REPRESENTATIVE: REPRESENTATIVE'S PHONE: OWNER'S NAME: Y I'� ',( i Y) C i09__1Y XV4 1. Type of Application: 2. Describe action/type of development being requested: �ll ? 1) (� V - < <�) ✓l c� .p : � (I ,.1 � (� 1, ,, ��' � n ��i'i-i=j—� �fiY>�� >Co (k' '\ - (-, , (`i ( C',<':z6"2 1 (k) -- ( ,, ,,i" 1.11-,r,A 1 1", "r rP', �I' 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments (1 %� r, 0 (' �� ��„ cal — �i��' ('(�I �y�, �„ r� ' 4'01; J} 4. Review is:<J`(P&Z Only) (CC Only) (P&Z then to CC) 5. Public Hearing: (YES)_D (NO) 6. Number of copies of the application to be submitted: 7. What fee was applicant requested to submit: -/= 8. Anticipated date of submission:( 0, �= 9. COMMENTS/UNIQUE CONCERNS: frm.pre_app ATrAau �rrr I MD USE APPLICATION FORM 1) Project Name Choumas esidence W 2) Project location 7th Street -& Smuggler Street, Lots R & S Block_8, City of Aspen ( indicate street address, lot & block rn=bear, legal d iption w}�. ' appropriate) 3) Present Zoning 4) lot Size _ 5) Applicant's Name, Address & phone # John & Ticia Choumas 4301 Seashore Drive, Newport Beach, CA 6,012 92663 (714)650-0428 6) Representative's Name, Address & Phone # Charles Cu nn i f f e & Assoc. 520 E. Hyman Ave., Suite 301, Aspen, CO (303)925-5590 7) X Type of Application (please check all that apply): corx9itional Use . Special Review 8040 Grcenline Conoeptual SPA Concepbial Historic Dev. Final SPA Final Historic pev. Conoqpttial PUD Minor historic Dev. Stream Margin Final PUD ` Historic Demolition Mountain view Plane subdivision Historic Designation bondominiumizatlon' `iti'xt,/Map Awxdient Q12S Allotment rot ACC split/rot t Line�ticn. 8) Description of EK sting Uses • (r=ber and type of existing ng structurr,es; aPP=Oc mate sq. ft. ; rxmber of bedrooms'; any previous appr+avals granted to the property). vacant lot 9) Description of Development Application Construct a 3 Bedroom residence plus a•2 car garage with an attached 1 Bedroom accessory dwelling unit 10) Have you attached the following7. Resp0nse to Attachment 2, Minimum Su} m i cc1en contents X Response to Attadirm n 3, Specific Submission pion Contents X Response to Attachment- 4, Review Standards for Your Application s August 28, 1989 TO WHOM IT MAY CONCERN: As the Owners of Lots R & S, Block 8, City of Aspen, we authorize Charles Cunniffe & Assoc., 520 E. Hyman, Aspen, Colorado, (303)925-5590, to.represent our interests in the conditional use review for an accessary dwelling unit. Sincerely, Patricia Choumas John Choumas 4301 Seashore Drive Newport Beach, CA 92663 (714)650-0428 r. i CHARLES CUNNIFFE &ASSOCIATE ,. RCHITECTS 520 EASTHYMAN, SUITE 301, ASPEN, CO.81612 303/925-5590 CHARLES L. CUNNIFFE, A.I.A. PI L< CHOUMAS RESIDENCE. CHARLES CUNNIFFE &ASSOCIAJARCHITECTS 520 EAST HYMAN, SUITE 301, ASPEN, C0.81612 303/925-5590 CHARLES L. CUNNIFFE, A.I.A. DATE: September 11, 1989 RE: Conditional Use Review Approval Choumas Residence To Whom It May Concern: We submit for your conditional use review a proposed accessory dwelling unit. This project is to be located at the northwest corner of Smuggler and Seventh on Lots R and S, Block 8, City and Township of Aspen. It consists of a three bedroom, three bath principal residence and a one bedroom, one bath resident property manager apartment. In accordance with Ordinance 47, City of Aspen, Section 5-510 (A), this unit is not subject to minimum lot area requirements and as a one (1) bedroom unit, no parking is required. The accessory dwelling unit must have a livable area of 300 square feet and be located within the principal residence. It is to be a resident - occupied unit, rented for a six-month minimum period. The proposed project has not only met standards set by the Aspen Area Comprehensive Plan, it exceeds these standards in some instances. This site would be allowed a maximum site coverage of forty percent (40%), our design has only thirty percent (30%) coverage. Although four (4) parking spaces are provided, only three (3) parking spaces are required for this design. At 500 square feet, the unit is small, but exceeds the 300 square foot minimum. The covered porch, along with its Victorian massing, and vertical fenestration, enhance its compatibility with the West End's Victorian architecture; while, the clean, simple detailing will identify this as a modern home, not a Victorian imitation. The accessory dwelling has been part of the project's design from the start. This is evident by its location, incorporated in the main form of the residence, not tacked on in the rear as an after thought. With tall cottonwoods lining the streets that abut the site, the property has shaded deep woods feeling. We have located the home with smaller setbacks from Smuggler and Seventh Streets in order to preserve a 32" diameter tree along the west property line and enhance the feeling of a home in the woods. There is close to thirty (30) feet from property line to pavement edge, and with the tall trees and a running ditch along each street, the pedestrians experience will change little on this corner. By approving this employee unit, life would be brought back to this West End neighborhood, instead of another lifeless vacation home occupying the site. CHARLES CUNNIFFE &ASSOCIAOARCHITECTS 520 EAST HYMAN, SUITE 301, ASPEN, C0.81G12 303/925-5590 CHARLES L. CUNNIFFE, A.I.A. The West End location will have water, sewer, and other city services within a close proximity of the project. The city has recently agreed to improve the alley of Block 8. This should provide more than adequate access for emergency service for the project. To our knowledge, this project complies with all standards set by the Aspen Area Comprehensive Plan. We believe this will be a fine residence and the accessory dwelling unit will be a welcome addition to a city starving for employee housing. c:\wp5\work\6914con.use IPSPEN TITLE CORPORA11,10 NORMAN E. LARKINS TELEPHONE: PRESIDENT THE ASPEN PROFESSIONAL BUILDING, SUITE 102 ASPEN 600 EAST HOPKINS AVENUE (3031 920-4050 Lynn M . Dyc i o ASPEN. COLORADO 81611 BASALT MANAGER (303(927.4741 DENVER DIRECT 1303)595-8463 TELECOPIER Order No . A89-036 (3031920-4052 ADJACENT OWNERSHIP CERTIFICATE ASPEN TITLE CORPORATION, a corporattion organized and existing under and by virtue of the laws of the State of Colorado, HEREBY CERTIFIES CIIARLES CUNNIFFE & ASSOCIATES, ARCHITECTS That it has made a careful and diligent search of the records in the office of the Clerk and Recorder for Pitkin County, Colorado, and has determined that those persons, firms or entities set forth on the Exhibit "A" attached hereto and by this reference incorporated herein and made a part hereof, reflect the apparent owners of lots, tracts, parcels and condominium units lying within 300 feet of the following described real property situate, lying and being in the County of Pitkin, State of Colorado, to -wit: Lots R and S Block 8 City & Zbwnsite of Aspen This Certificate has been prepared for the use and benefit of the above named applicant and the City or Town of Aspen in the County of Pitkin, State of Colorado. THE LIABILITY OF THE COMPANY HEREUNDER IS EXPRESSLY LIMITED TO THE AMOUNT OF THE FEE PAID FOR THIS CERTIFICATE PLUS $250.00 DATE: Sept. 1, 1989 ASPEN TITLE CORPORATION a Colorado corporation (SEAL) AFFILIA IED OFFICES EAGLE COUNTY: GRANO COUNTYt SUMMIT COUNTY. FAGLF. COIN T I' Ti I LE CON FORA 11I IN TIIF. TITLE COMPAN)', INC. SUSIMIT COUNT,- ARSTRAC F COMPAN11' THE VAIL PROFESSIONAL BUILDING, SUITE 100 FRASER VALLEY CENTER FRASER 106 NORTH RIDGE STREET 953 SOUTH FRONTAGE ROAD WEST POST OFFICE BOX 415 POST OFFICE BOX 510 VAIL. COLORADO 81657 WINTER PARK COLORADO 80482 BRECKENRIDGE. COLORADO 60AN 13031476 6423 1303) 726.8077 13031453�6120 t EXHIBIT "A" U.S. Forest Service 806 West Hallam Aspen, CO 81612 Marquessee, Charles B & Helga P.O. Box 10610 Aspen, CO 81612 Schumacher, John Jr & Marianne H P.O. Box 3528 Aspen, CO 81612 Pullen, Robert W & Anne W 701 North Post Oak Road #120 Houston, TX 77024 Titus, Jack A 2817 Maple Ave Dallas, TX 75201 Zachariasen, Fredrik & Nancy W 2235 Village Heights Road Pasadena, CA 91107 Iselin, Elli Daggs, James 707 North Street Aspen, CO 81611 Klein, Herbert S & Marsha 201 North Mill #203 Aspen, CO 81611 Fleisher, David 730 West Smuggler Aspen, CO 81611 Porter House Stake 155 Gilpin Street Denver, CO 80218 Brooks, Laurene B Sheridan, Susan B 155 Gilpin Street Denver, CO 80218 Ochsman, Sharon L 735 West Smuggler Aspen, CO 81611 • J continued Albert, Gary & Kathleen 725 West Smuggler Aspen, CO 81611 Miller, Ann F 715 West Smuggler Aspen, CO 81611 Grover, Marcia Sherman Williams 4519 Lone Pine Lane La Calada, CA 91011 First Baptist Church 726 West Francis Aspen, CO 81611 Beatty, John R & Robyn M P.O. Box 207 Aspen, CO 81612 Semple, Lorenzo Jr & Joyce M c/o Robert Ross 2200 N Central Road Fort Lee, NJ 07024 Hibberd, Lucy Reed 2222 East Tennessee Street Denver, CO 80209 Stirling A Colgate Trust c/o Stirling A Colgate 422 Estanto Los Alamos, NM 84544 Dorenus, John 608 East Hyman Aspen, CO 81611 Fleisher, Belton & Elizabeth 75 East Dodridge Columbus, OH 43202 Galluccio, Vincent P.O. Box 8065 Aspen, CO 81612 Brody, Charles W 4555 Stella Drive Atlanta, GA 30327 f continued Digiglia, Le Ray & John William P.O. Box 4305 Aspen, CO 81612 Savannah Limited Partnership 1300 North 17th Street #1100 Rosslyn, VA 22209 Form 1756 Commitment Face Page COMMITMENT FOR TITLE INSURANCE ISSUED BY First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE COMPANY, herein called the Company, for valuable consideration, hereby commits tc, 1 . ,� its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured nar ed 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 amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent indorsement. This Commitment ispreliminary to the issuance of such policy or policies of title insurance and all liability and obli- gations hereunder shall cease and terminate six (6) months after the effective date hereof or when he policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." `�lLE INSU.��11, �p R P 0 ,P f •' W SEPTEMBER 24, 3 d 1968 �[IFUR�� First American Title Insurance Company BY PRESIDENT ATTEST j(/ �M-+ �. . SECRETARY BY COUNTERSIGNED Norman E. Larkins Form 1756-A Commitment, Schedule A Charles Cunniffe 8 Assoc. Attn: Kevin MCLOUd 520 East Hyman Street Aspen, CO 81611 SCHEDULE A Customer Reference No. Choumas 1. Effective Date: C ommitment No: September 14, 1989 at 7:00 A.M. 400527-C SS/cl 2. Policy or Policies to be issued: (a) ❑ ALTA Owner"s Policy Proposed Insured: (b) ❑ ALTA Loan Policy Proposed Insured: (c) ❑ TO BE DETERMINED H $ Amount 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: PATRICIA G. CHOUMAS and JOHN JAMES CHOUMAS In joint tenancy 4. The land referred to in this commitment is LEGAL DESCRIPTION SET FORTH ON SHEET ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF. Owner's Premium: $ Lender's Premium: $ Add'I Charges: $ Tax Certificate: $ TOTAL CHARGES: $ CC's to: Charles Cunniffe 8 Assoc. ATC • order No. 400527-C Plat I.D. # SCHEDULE A (continued) Covering the Land in the State of Colorado, County of Pitkin, Described as follows: Lots R & S Block 8 CITY AND TOWNSITE OF ASPEN Form 1756 - 81 Commitment, Schedule B-1 SCHEDULE B - Section 1 No. Requirements 400527-C The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: 1. Deed from Patricia G. Choumas and John James Choumas to a buyer to be determined. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288 - CRA 39-14-102. 2. Evidence satisfactory to the Company or its duly authorized agent either (a) that the "real estate transfer tax" imposed by Ordinance No. 20, (Series of 1979), and by Ordinance No. 14, (Series of 1989) of the City of Aspen, Colorado has been paid, and that the lien imposed by Paragraph 9 thereof has been fully satisfied, or (b) that a Certificate of Exemption has been issued pursuant to Section 7 thereof. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. Form 1 756 - B2 (Modified 1 /84) Commitment, Schedule B-2 Order No. 400527-C Colorado SCHEDULE B - Section 2 Exceptions The policy or policies to be issued will contain exceptions tot he following unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, rights, interests, or claims which are not shown by the public records but which could ascer- tained by an inspection of said land or by making inquiry of persons in possession thereof. 2. Easements or claims of easement which are not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and any other facts which a correct survey would disclose, and which are not shown by public records. 4. Any water rights or claims or title to water in, on or under the land. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 7. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 8. Utility easement as reserved in instrument recorded December 11, 1986, in Book 525 at Page 34, said easement being more fully described in said instrument. 9. Any and all unredeemed tax sales. NOTE: Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception will not appear on the policies to be issued hereunder. Exceptions number are hereby omitted. Porrrt No. 1755 Commitment, Conditions and Stiriti ns COMMITMENT Conditions and Stipulations t. 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 frorn liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Companv 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. 1'-10' 0 10 20 LOT a TY tONUMENT LUE CA ALLEY BLOCK 8 -*-� MANHOLE O 92 q4 q o , 2e� ►4 „ _ S 75009 1 1 "E 6. 12 Y. C. x�R -IN7„ 0 IZ" �G 92 / ovIr7ZN CAn J '�" , uTl L►TI E�lc a14 ��• o / O O o o °' 0 o f 210.42 w O L0 G v r- t OT R / � OJT S 3 AREA 6PI2 f/- S F ' — N 750 09' 1 1 °W 60.12 S 750 09 1 I wE 345. 59 BASIS OF BEARINGS ro 9175 EDGE OF PAVEMENT tro �. cnZ, CITY MONUMENT I 15170 9� i SMUGGLER STREET LEGEND AND NOTES FOUND SURVEY MONUMENT AS DESCRIBED 6� 2' CONTOURS BASED A T.B.M. OF 100 AS SHOWN DECIDUOUS TREE APPROX. TRUNK SIZE INDICATED FOUND CITY MONUMENT FOR THE SOUTHEAST CORNER OF BLOCK 8 DISREGARDED - LAWYERS TITLE INSURANCE CORPORATION CONiITMENT FOR TITLE INSURANCE CASE NO. PCT-2623, .DATED 09/01/88 WAS USED ,TN THE PREPARATION OF THIS SURVEY. '"� �h NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTfON BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE -runty rrr-m vr-ARq PROM THE DATE OF THE CERTIFICATION SHOWN HEREON. V CITY MONUMENT 3Z" DITCH, CONTOU S NOT SHOWN 0 • 3Z10 y rLnJ I T 1 r7 Z _.d T FT1 Fri CITY MONUMENT =47 I'll iI �*--eoe000 CERTIFICATION I, JOHN M. HOWORTH, HEREBY CERTIFY THAT THIS PLAT IS PLOTTED FROM FIELD NOTES OF A SURVEY MADE UNDER MY SUPERVISIOC DURING JL) `( 14 , 1989. SIGNED: j N M. HOWQ TH P.L.S. 25947 T.B.M. 100 TOPOGRAPH I S"URVEY O a ,,• LOT R Il S BL' '�K F. . .� I TY ANC �3J TE 'OF ASPEN. ASPEN . a ° P I TK I N COUNTY :.Ol.r-,IAAL(-.. l ...n «: DATED: 7/89 PREPARED BY ,Aspen Survey Engineers, Inc ' 210 S. GALENA ST. P.O. BOX 2506 ASPEN, COLORADO 81612 - (303) 925-3816 JUki NU. IVIDIO ARCHITECTURAL ABBREVIATIONS AFF ABOVE FINISHE D FI ()OR ACOUS ACOUSTICAL ADD ADDENDA, ADDENDUM ADJ ADJACENT AGGR AGGREGATE ALT ALTERNATE ALUM ALUMINUM APPD APPROVED APPROX APPROXIMATE ARCH ARCHITECTURAL) ASAP AS SOON AS POSSIBIf_ BBR BASEBOARD RADIATION BM BEAM BRG BEARING BFF BELOW FINISHED FLOOR BET BETWEEN BLK BLOCK BSMT BASEMENT BTU BRITISH THERMAI.- UNITS BD BOARD BS BOTH SIDES BO BOTTOM OF BLDG BUILDING CAB CABINET CL CENTERLINE CLG CEILING CER CERAMIC CLR CLEAR CLO CLOSET CLD CLOTHES DRYER CLW CLOTHES WASHER COL COLUMN CONC CONCRETE CJ CONSTRUCTION JOINT CONT CONTINUOUS COORD COORDINATE CTR COUNTER C/S COUNTER SINK CF CUBIC FEET DP DAMPROOFING DEPT DEPARTMENT DTL DETAIL O,DIA DIAMETER DIM DIMENSION DW DISHWASHER DN DOWN DR DRAIN DWG DRAWING w.0. EW EACH WAY LT LIGHT SECT 1 SECTION ELEC ELECTRICAL MFG MANUFACTURER SEW SEWER EC ELECTRICAL CONTRACTOR MATL MATERIAL SHT SHEET EL ELEVATION MO MASONRY OPENING SVF SHEET VINYL FLOORING ENGR ENGINEER MTL METAL SHLV SHELV(ES)(ING) EQ EQUAL MAX MAXIMUM SIM SIMILAR EXG EXISTING MECH MECHANICAL SL SLIDING EJ EXPANSION JOINT MC MECHANICAL CONTRACTOR. STC SOUNT-TRANSMISSION CLASS EXP EXPOSED MED MEDIC(INE)(AL) SPEC: SPECIFICATION EXT EXTERIOR MIN MINIMUM SQ SQUARE FO FACE OF RISC MISCELLANEOUS SF SQUARE FEET FIN FINISH NOM NOMINAL SS STAINLESS STEEL FP FIREPROOF NIC NOT IN CONTRACT STD STANDARD FPL FIREPLACE NA NOT APPLICABLE STL STEEL FIXT FIXTURE NTS NOT TO SCALE STRUCT STRUCTURAL FL FLOUR OC ON CENTERS SUB SUBSTITUTE FD FLOOR DRAIN OPG OPENING SUPPL SUPPLEMENT FT FOOT, FEET OPP OPPOSITE S4S SURFACED 4 SIDES FTG FOOTING ORN ORNAMENTAL SUSP SUSPENDED) FDN FOUNDATION OPH OPPOSITE HAND TEL TELEPHONE FURN FURNISH OD OUTSIDE DIAMETER TV TELEVISION GAL GALLON PTN PARTITION TEMP TEMPERED GA GAUGE d PENNY (NAILS, ETC.) THK THICK GALV GALVINIZED PERF PERFORATE(D) TLT TOILET GC GENERAL CONTRACTOR PLAIT PLASTER TPH TOILET PAPER HOLDER GL GLASS, GLAZED PLAS PLASTIC T&G TONGUE AND GROOVE GR GRADE PL PLATE T&B TOP AND BOTTOM GYP GYPSUM PLEX Pt EXIGLOSS TO TOP OF GWB GYPSUM WALLBOARD PLMB PLUMBING T TREAD HDW HARDWARE PLY PLYWOOD TYP TYPICAL HD HFAI) PROJ PROJECT UG UNDERGROUND HVAC HEATING, VENTILATING, PROP PROPERTY UNGL UNGLAZED AND AIR CONDITIONING UT QUARRY TILE UNFIN UNFINISHED HORIZ HORIZONTAL QTY QUANTITY U.O.N. UNLESS OTHERWISE NOTED HP HORSE POWER R RADIUS UBC UNIFORM BUILDING CODE HWH HOT WATLR HEATFR RD ROOF DRAIN V I F VERIFY IN FIELD HT HEIGHT RM ROOM VERT VERTICAL INCL INCLUDE(D)('ING) RS ROUGH SAWN VAT VINYL ASBESTOS TILE INFO INFORMATION RCB RESILIENT COVE BASE V0+ VOLT INSP INSPECTOR, INSPECTION RW RETAINING WALL WET ( WALL HYDRANT ID INSIDE DIAMETER REF REFER WC WATER CLOSET INSUL INSULATION REFR REFRIGERATOR WP WATERPROOF INT INTERIOR REINF REINFOHCE(D) WT WEIGHT JT JOINT REBAR REINFORCING BAR(S) WWF' WELDED WIRE FABRIC JCT JUNCTION RESIL RESILIENT WDW WINDOW KWH KILOWATT HOUR READ REQUIRED W/ WITH LAB LABORATORY R RISER W/O WITHOUT TAM LAMINATE (I)) NO ROUGH OPENING WD WOOD LRV LAVATORY SAN 5ANITANY WKLi WORKINU ARCHITECTURAL SYMBOLS SYMBOL LEGEND 30- �P.7 SPOT ELEVATION TEST BORING TOP OF ELEVATION NEW CONTOUR _ EXISTING CONTOUR CENTER LINE HIDDEN LINE SETBACK LINE BREAK LINE PROPERTY LINE DETAIL NO. SHEET NO. BUILDING SECTION SHEET NO. WALL SECTION SHEET NO. ROOM NAME ROOM NO. WINDOW TYPE DOOR TYPE INTERIOR ELEVATION EXTERIOR ELEVATIONS SHEET NO. REVISIONS NOTES NEW WALLS EXISTING WALLS PLAN & SECTION MATERIAL INDICATIONS EARTH = = - COMPACTED FILL POROUS FILL UNDISTURBED SOIL CONCRETE METAL INSULATION J' CAST GROUT, MORTAR CONCRETE BLOCK BRICK STONE GLASS STEEL BATT �RM GYP. BOARD CARPET CERAMIC TILE STONE r ACOUSTICAL TILE ELEVATION MATERIAL INDICATIONS PLASTER/STUCCO BRICK TILE SHINGLES GLASS WOOD � V FINISH ROUGH `~ BLOCKING GLU- LAM PLYWOOD � _F;Twr, SMUGGLER STREET ASPEN, COLORADO 81611 CHAR S CUNNIFFE &ASSOCIATES/ARCHITECTS P.O. BOX 3534, ASPEN, COLORADO 81612 TELEPHONE 303/925-5590 CODE INFORMATION MA�J Ho L I_ Q: REVISION BUILDING CODE: U.B.C., 1988 EDITION WITH AMENDMENTS LEGAL, DESCRIPTION: LOT R & LOT S BLOCK 8 CITY OF ASPEN, COLORADO r ZONE: R-6 MAX. HEIGHT: 25 FT. (@ MED. PT. OF PITCHED ROOF) TOTAL M:IN. FRONT & REAR YARD: 30 FT. FRONT & REAR YARDS COMBINED (10 FT. MIN. EACH) CORNER LOT: SIDE STREET SETBACK 2/3 OF MIN. FRONT YARD (6.67 FT.) MIN. SIDE YARD: TOTAL OF BOTH SIDE YARDS NOT TO EXCEED 14.61 (5 FT. MIN. EACH) F.A.R. CALCULATIONS LOT SIZE: 6,012 SQ. FT. SEE SURVEY BY ASPEN SURVEY ENGINEERS, INC. HOUSE SIZE: - MAX. F.A.R. ALLOWED: 3,240 SQ. FT. ACTUAL F.A.R..: BASEMENT AREA COUNTED: 119.00 SQ. FT. (LIGHT WELLS = UNDER 10% OF PERIMETER " WALL AREA - EXEMPT SQ. FT.) 1ST FLOOR: 1,405.71 SQ. FT. 2ND FLOOR: 1,649.89 SQ. FT. LOFT: 62.60 SO. FT. TOTAL NEW AREA: 3,237.20 SQ. FT. GARAGE (EXEMPT SQ. FT.) ( 500.00 SQ. FT.) SITE COVERAGE ALLOWABLE SITE COVERAGE: 40% OF TOTAL SITE SQ. FT. SITE SIZE: 6,012.00 SQ. FT. X .40 ALLOWABLE SITE COVERAGE: 2,404.80 SQ. FT. (PORCHES ARE UNDER 15% OF ALLOWED SITE COVERAGE AND ARE EXEMPT) ALLOWABLE PORCHES: 360.72 SQ. FT. .ACTUAL :PORCHES: 260.05 SQ. FT. (EXEMPT) PROPOSED SITE COVERAGE: 1,823.80 SQ. FT. 0 I 5 715° 09' 11 5- tiles `In � �Te►u k J A G RF C-,/�T�. wa L-IG1 y x!� ItaFuc-k �'�.bER� 1 F 41 t' SMUGGLER STRE�T I �O SITE: PLAN SCALE. 110'-0" r W W N 1 z W W N -TVA No 0MR, 0 5 Id Iry 20 25 I o� oTc : s I'i� PLAN Prz.E- PAR-�a wrTH ItJFOR-MATI��N P�6�N1-�D oN P `�UR�E1' d � P.s � nl, r' ITK I1,L r-0L 4 41ry G ca Lc ZAPO, pRF- r'A.0r) �� 1,0P-s/5' $IJGIN FLS . v�- ©r A5{'or• " Jv5 r40. 1915cc CD ON V `r' L!'1 W Un L. f V O` i \ u M W 1 W �. W Lu W �V L N 8 O U. o ti u Z z W W � V U-) W O m � u CL Z � r W Op � H W �o W NQ � Wo J Q 0 0 �Z � �a � N A a DRAWING S PL-AI-� JOB NO 8'� 14 GATE SHEET NO A1.1 ' SHEET OF REVISION 7 ;�;,5 eon sIN J r� 0 I 4. ZI � 011 � Ohl I M I ENTRY LEVEL FLOOR PLAN SCALE: 1 /4'= 1-0' V N oo IS �19; V � I in >r br.. REVISION 1 DRAWING E-�-rxz r DEL p4cr,f� JOB NO 5914- DATE G 4 Q LOFT PLAN SCALE. 1 /4"= 1'—O" -J�4' •4'I 0 i OL 31 2 411 U \ 300 ro' 12` -'4" 9 OHO O��-M 303 ul N y ---— —'' �,, I' 3 •' a — 2 O 2 - , a � kIT'�-H� N V■ - ►� I I � � 304 ^ram U sHl P` OIL ti �ho�Efz N / o- PI 'rwr7 � N { LOFT L4 r MJK 45 o ,. z - \ 4, i ICI 51/?" IO 1 - 2�1 051. 95110 I C4 r OI O 23 - S �\ - I - 3 � r7E%GK R.o.---R,o. R•o. 4' . �►" a1,-or, t040 UPPER LEVEL FLOOR PLAN., SCAT E- 1 /4 1'-0" 14 t� REVISION W ui IA V H F- LL U. Z V W V DRAWING un-tK ICI, r- JOB NO. Q� 14- DATE SHEET NO A2.3 SHEET OF REVISION b r L 11/f rtGG 1q„CJtTI�I ' EAST ELEVATION SCAI-E Y /4" = V— O" V LU H H ui ------------- - - --------------- - -- tI U t-P E-W- Lt-E;Vr- L W LL LL Z z V W ..I 1.©V�f LICE L►��lli L � - GrAIZ-�°�Gr� 91.�.r5 V -ry pL,o-ram -ram wr-rL L Imo./ I hJla jZppr--� — - 1='�t'1�•Y I-��EL !✓L. �+- A. SHEET OF SOUTH ELEVATION SCALE 1 /4" = l'— O" Lir'P IZ- Lw- i — -tE�L. = locos WE%'c.')",T • ELEVATION SCALE 1/ 4" = 1'- O" NORTH ELEVATION SCALE 1 /4' = 1'- O" i REVISION V W I— V W LIUIN4 1=-G�M - it Oe,' - l0i W UL LL z V H �W.J 105, - bn �NT2�r t<IvI,JG Lov t�R L�/I�I.. G o-R 6l�� 5L413 Q` U1 T L11 o� 0 rn w z i LLJ J Fw- N �O co 8 0 J 0 V w CL 'a= rn Lfl O m b DRAWING No2TF� �" v.r1=5Y'" t✓L�Va-r'lot�s LLe�t�-L-fi 114" _ 1' -0" JOB NO DATE SHEET OF REVISION Gr�12AlrE liL.Ab 9 41- -- UI'I'5--FL I- � F�L. = 1o51 , loll Low = Iz LI-NlF-L. BUILDING SECTION SCALE: 1 /4"= 1'-0" 1 BUILDING SECTION SCALE: 1 /4'= 1'-0" H V H LU P-:L. 10'I g h W U. E H T"' I : *-Yr-- L Z V I&A W _J DRAWING �UI��tN� �EGTI�r'1`� JOB NO. �°I 1-4' DAT E SHEET NO A3.3 SHEET OF F VISION u_ L �owG� l 51.A E BUILDING SECTION SCALE: 1 /4"= V-O" -r o . PI-A"1 !- L PI--s�'TE .g114'-41' _ Lour BUILDING SECTION SCALE: 1 /4"= 1'-0" L.I�lII.1C� I��M Fa�4-rRY Lr=vV-. i W w 00 ui0 W N°a � CIO Q �o �z � �w A a BUILDING SECTION SCALE: 1 /4"= 1'-0"