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HomeMy WebLinkAboutLand Use Case.CU.8 Ute Pl.A7-951C17N7Q1C7ff 1 1AND 139E APPLTQ,TIOti FOR-1 1) Project 14ame Golub ADU Conditional -Use 2) 1Pioject location 0008 Ute Place (indicate street address, lot & block ember, legal desmptaron where ' appropriate) 3) Present zonixq R -1 5 arm -4) lot Size 24,307 5) Applicant's Name, Address & Phone # F n g a n e G o l n h Golub & Co 6.95 nT mirh,jgan oink 312 440 8787 Chicago, IL 6061 6) nepre;;enativeIs Name, Address & Phone r Dick Fallin Gideon Kaufma 1280 Ute Ave #10 315 E. Hyman Ave Aspen, CO 81611 Aspen, CO 8 1611 925 -4252 925 -8166 7) 4ype of Application (please check all that apply): u X Conditional Use _ Conceptual. SPA Conceptual Historic Dev_ Special Peview Final SPA Final Historic Dev_ 8040 Ccemilim _ Oxx:; tlal. PUD _ Minor Hic-t Dev_ Stream Margin _ Final PUD _ Historic Demolition Mountain View Plane _ Subdivision Historic Designation (h �ninitm;i�a 2�xt/Map Ameludneat G` Allotment Lat Splitjiot Line - - Q'Q'iS Exemption. — Adj ustment 8) Descripti of EYi -stun Uses - (number and type of existiryj Structures; app za te sq. ft-; mmber of bedrooms; any previous approvals granted to the Ply) Existing single famil)L 5 bedroom, two car garage 9) Description of Development Application To convert an existing bedroom and bath to a 331.45 sq. ft. studio ADU; To alter and add onto the .existing house to create additional space in existing kitchen and• a new office /study. 10) have you attached the following? Response to A tadmmnt 2, Mi nimm &bm-sc Contents Response to Attachment 3, Specific S+biss Contents Response to Attachment 4, Review Standards foc Your Application 1. - ., CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 01/25/95 PARCEL ID AND CASE NO. DATE COMPLETE: 2737 - 182 -65 -002 A7 -95 STAFF MEMBER• PROJECT NAME: GOLUB ADU CONDITIONAL USE Project Address:8 UTE PLACE Legal Address: Z- k 2, 4 C Lace APPLICANT: GOLUB 312 440 -8787 Applicant Address: N MICHIGAN AVE CHICAGO, IL 60611 REPRESENTATIVE: KAUFMAN Representative Address /Phone: E. HYMAN 303 925 -8166 Aspen CO 81611 ---------------------------------- FEES: PLANNING $ 224.00 # APPS RECEIVED 4 ENGINEER $ # PLATS RECEIVED 4 HOUSING $ ENV. HEALTH $ TOTAL $ 224.00 TYPE OF APPLICATION: STAFF APPROVAL:— 1 STEP: X 2 STEP: P &Z Meeting Date 3 � PUBLIC HEARING: YES NO VESTED RIGHTS: 7= NO CC Meeting Date DRC Meeting Date REFERRALS: PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD Energy Center INITIALS: School District Rocky Mtn NatGas CDOT Clean Air Board Open Space Board Other Other DUE: FINAL ROUTING: 00 DATE ROUTED _ City Atty City Engineer _Zoning _Env Housing _ Open Space _ Other: FILE STATUS AND LOCATION: ITIAL: Health City Attorney �. City Engineer Housing Dir. Aspen Water !! City Electric �I c 'I1 21_ Envir.Hlth. Zoning DATE REFERRED: PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD Energy Center INITIALS: School District Rocky Mtn NatGas CDOT Clean Air Board Open Space Board Other Other DUE: FINAL ROUTING: 00 DATE ROUTED _ City Atty City Engineer _Zoning _Env Housing _ Open Space _ Other: FILE STATUS AND LOCATION: ITIAL: Health C .10 ASPEN • PITKIN Dick Fallin 1280 Ute Ave. #10 Aspen, CO. 81611 RE: Golub ADU Application Dear Dick, March 1, 1995 PLANNING & ZONING DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT As you and I had discussed over the phone, the Planning Office has reviewed some critical information pertaining to the 1010 Ute Subdivision which requires us to stop work on processing the Golub application. First, the recorded Subdivision Agreement 'and recorded deeds for the subdivision and individual lots declare specific maximum FARS. The Golub application exceeds the 4,500 square feet established in these documents. Stan Clauson, Leslie Lamont, and S have discussed this in light of our ADU "bonus" FAR allowance. We have made the determination that the ADU bonus incentive cannot override the subdivision's approvals, especially with the knowledge of the discussion that occurred relating to FARS for this development. If Mr. Golub wanted to proceed with an ADU related expansion, he.would first have to process (on behalf of, and with the express consent of the subdivision /homeowner's association) an amendment to the approved subdivision and subdivision agreement. This would be a two step process to be heard before the Planning and Zoning Commission and City Council. Another concern focuses on the bonus FAR requested for the ADU. I made a site visit with Cindy Christensen of the Housing Office and Zoning Officer Bill Drueding. We do not believe that the location of the proposed ADU meets the intent of granting FAR bonus for units which are substantially above- grade. It will lack meaningful light and ventilation at it will be tucked under a fairly large deck and faces the boulder wall opposite the structure. Had the. unit been proposed for the area of new construction on the main level of the residence, staff believes the unit would certainly meet the intent of the bonus provision. The two remaining issues relate to your FAR calculation and potential impact to your neighbor.. Bill Drueding has pointed out to me that the removal of 61.88 square feet of deck cannot be "swapped" for the equal amount of new internal FAR. He has maintained this interpretation for years and would like to discuss this if you have questions. I received a letter concern from Susan Welsch, which is attached for your reference. She has informed me that the driveway shown on your site plan is a shared 130 SOUTH GALENA STREET. • ASPEN, COLORADO 81611 • PHONE 303.920.5090 FAx 303.920.5197 PMSa �nmrclNO +ar DIRECT FAx LINE: 303.920.5439 driveway for both properties which is covered by an access easement substantially on the Welsch's parcel. Her concern about increased parking activity from the ADU may impact her ability to use the driveway or her garage. She also voiced concern that heavy equipment needed for the boulder wall work may damage the snow - melt driveway. After you have a chance to discuss this situation with your client, I would appreciate hearing from you as to how you wish to proceed. If you need to discuss various processing options I will be glad to meet with you. attachment SUSAN FLEET WELSCH 10 Ute Place Aspen, Colorado 81611 R E C (303) 920 -2003 Fax: (303) 920 -2066 February 27, 1995 F FB ?, Ms. Kim Johnson Oc�, ! �s Aspen / Pitkin Planning Office '9� F�O,o'lir,. 130 S. Galena St. A F M �FNp Aspen, CO 81611 �PITKIN Dear Ms. Johnson: As per your request I am putting in writing my concerns about the Public Notice I received last week regarding Eugene Golub's application for approval of "an approximate 330 square foot Accessory Dwelling Unit located at 0008 Ute Place." As President and head of the Architectural Control Committee for 1010 Ute Subdivision I have a concern with the legality of how this Accessory Dwelling Unit will affect the Protective Covenants (CC &RS) governing the 1010 Ute Subdivision. In Article VI covering "Restrictions on Lots" (in the Covenants, Conditions and Restrictions recorded on June 19, 1987, Paragraph 9, F.A.R. Restrictions), it states, "in no event shall the FAR for the Subdivision (all seventeen (17) lots) exceed 68,900 sq. ft. as currently defined by City of Aspen Code on FAR calculation as of June 1, 1987." If the City allows the FAR to be increased because of the 50% bonus given for an Accessory Dwelling Unit, the 68,900 sq. ft. limitation would be exceeded. However, "these covenants may be amended by a vote of seventy -five (75 %) percent of the votes entitled to be cast by the members of the Association, said vote to be cast at a meeting of the members duly held, provided a properly certified copy of the resolution of amendment be placed on record in Pitkin County..." (Art. XII, Paragraph 3). In addition, my husband and I share a common driveway with Mr. Golub and have a concern about losing guest parking to an employee vehicle(s). Every home in the subdivision has been required to provide parking for guests or service vehicles. Another concern which I have as President is that the roads and driveways in our subdivision are private. Thus, all snow removal and maintenance costs are shared by the homeowners. In conclusion, I feel the Architectural Control Committee at 1010 Ute Subdivision should be consulted before any approval by the City is given. Sincerely, Susan Fleet Welsch MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, Engineering Department e-,P Date: February 21, 1995 Re: Golub Conditional Use Review for an Accessory Dwelling Unit (ADU) (0008 Ute Place, Lot 2, Ten Ten Ute Subdivision) Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Site Drainage - One of the considerations of a development application for conditional use is that there are adequate public facilities to service the use. One public facility that is inadequate is the City street storm drainage system. The new development plan must provide for no more than historic flows to leave the site. Any increase to historic storm run -off must be maintained on site. 2. Sidewalk, Curb and Gutter - The site is located on a private street (Ute Place) off of Ute Avenue. Sidewalk, curb and gutter are already in place in the public right -of -way adjacent to the subdivision. M95.57 FEB 27 '95 03:24PM ASPEN W01J5INC OFC P. TO: Kim Johnson, Planning Office FROM: Cindy Christensen, Housing office DATE: February 27, 1995 RE. Golub Conditional Use Review for an Accessory Dwelling unit Parcel ID No. 2737 - 182 -65 -002 The Housing office recommends approval. with some concern for the requested accessory dwelling_ The fs;!7.e of the accessory unit falls within the guidelines of the code: Accessory dwelling units shall contain not less than three hundred (300) square feet of allowable floor area and not more than seven hundred (700) square feet of allowable floor area. The unit shall be deed restricted, meeting the housing authedtys guidelines far resident nmupied units and shall be limited to rental periods of not less than six (8) months in duration. owners of the principal residence shall have the right to place a qualined employee or employees of his or her choosing in the accessory dwelling unit. The applicant states that the proposed accessory dwelling unit is to consist of approximately 331 square feet of living area, and is to be located within the single family residence. The plans show that accessory dwelling unit will have a private entrance, but there is some concern as to the natural light for this unit as the windows sit directly under the deck. The kitchen must also be built to the following specifications: Kitchen - For Amessory Dwelling Units and Caretaker Dwelling Units, a minimum of a two-burner stove with oven, standard sink, and a S-arbic foot refrigerator plus freezer. Before the applicant can receive building permit approval, the applicant must provide to the Housing office a signed and recorded Deed Restriction, which can be obtained from the Housing office. The Housing Office must have the recorded book and page number prior to building permit approval. \wo3?d \cef*=L \90lwb.adu Golub ADU Conditional Use Golub Residence 0008 Ute Place Lot 2 Ten Ten Ute Subdivision City of Aspen, Colorado January 25, 1995 The applicant, Eugene Golub, the owner of an existing split level single family residence desires to add a new office /study to the rear of his house and to connect this new space to his existing second floor Master Bedroom area and to the existing Kitchen/Living a half -level below. The concepts for this proposal have had preliminary review approval from the City Zoning Enforcement officer and from the Housing director, with certain conditions. 1. Zoning: Bill Drueding and Dick Fallin confirmed the zoning regulations that are in effect for the Ten Ten Ute Subdivision, and confirmed the FAR. calculation methods. 2. Wig Dave Tolan and Dick Fallin met at the site and confirmed that the proposed ADU would be acceptable to the Housing office. In order to achieve the applicants house addition, more FAR. is required. Under the present Housing guidelines, bonus F.A.R. up to 250 square feet is available under certain conditions which, in this proposal, would allow 4750 square feet as a potential maximum F.A.R. Under this application, the owner proposes a method that would allow his addition with a bonus of approximately 166 sq. ft. The following tabulation shows what we are requesting: The applicant proposes the following methods to achieve enough additional F.A.R. to allow his proposed construction: 1. Existing unused F.A.R. for the house = 99.17 sq. ft. 2. By removal of the rear decks, gain = 61.88 sq. ft. 3. Convert one existing lower level bedroom and bath to a new studio Accessory Dwelling Unit: Proposed ADU area = 331.45 sq. ft. with the above grade 50% bonus, gain 165.72 sq. ft. I Total of new additional F.A.R. = 326.77 sq. ft. Proposed F.A.R. = 325.03 sq. ft. Page Two The applicant can successfully convert this existing space into an ADU by altering the existing bath to allow a new 6 -foot Kitchen unit, by revising the existing exterior door and windows to meet the light and ventilation code requirements, by changing the drywall to provide a one -hour separation; by providing a new walkway access from the existing driveway through the back yard, and by dedicating one parking space that exists to the ADU. Golub ADU Conditional Use Review Standards Response January 25, 1995 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;" The applicant believes this proposal is consistent with all of the requirements of this review standard and that it meets the intent of the R- 15 Zone District. B. 'The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development:" The applicant believes this proposal is consistent and compatible with the character of the immediate vicinity in that the existing zoning allows single - family, multi - family and affordable housing along the Ute Avenue corridor. 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; The applicant believes the proposal meets the requirements of this standard in that the ADU will exist within and as a part of the existing house so there are no additional visual impacts created by this unit; the resultant constructed addition to the house occurs at the rear of the house and since this lies at the subdivision entrance, there will be minimum impacts on surrounding properties; no new parking or circulation will be required as a result of this proposal and the Ute Avenue bike path allows and encourages pedestrian activity; a new trash receptacle will be provided; service deliveries can be made easily from the existing driveway and new walkway; due to the residential character of the proposal there will be no noise, vibrations and odor impacts on the surrounding properties. 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 medial services, hospital and medical services, drainage systems and schools;" The applicant believes all of the conditions exist that satisfy this review standard. E. 'The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use;" This standard does not apply. 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." The applicant believes this proposal complies fully with this review standard. J \f 533 PAGE643 l� EXHIBIT "B" SITE DATA TABULATION Lot Size Improvement Envelope Lot No. Acres Square Feet Area Square Feet Lot 1 0.69 30,073 8,264 Lot 2 0.55 24,307 8,098 Lot 3 0.34 15,188 8,037 Lot 4 0.33 14,806 7,887 Lot 5 0.47 20,650 7,542 Lot 6 0.65 28,599 7,274 Lot 7 0.34 15,102 6,762 Lot 8 0.47 20,733 5,755 Lot 9 0.23 10,058 3,406 Lot 10 0.23 10,320 3,697 Lot 11 0.18 7,988 4,697 Lot 12 0.18 7,918 4,149 Lot 13 0.16 7,365 4,310 Lot 14 0.21 9,196 6,051 Lot 15 0.24 10,732 8,115 Lot 16 0.24 10,663 4,415 Lot 17 -R 0.45 20,005 5,969 Outparcel A 1.58 68,954 N/A Total Subdivision 7.54 332,657 104,428 Note 1) Minimum FAR per Lots 1 through 16 shall be 3,000 sq. ft.; 2) Minimum FAR for Lot 17 -R shall be 1,000 sq. ft.; and 3) Maximum FAR for each Lot, including Lot 17 -R, to be set in the deed of conveyance to each Lot owner; provided, however, the total FAR for Ten Ten Ute Subdivision cannot exceed 68,900 sq. ft. as currently calculated by the City of Aspen Code in effect June 1, 1987. BooK 539 PAGE644 EXHIBIT "C" PARK DEDICATION FEE PROPOSED DEVELOPMENT: Lot 1 4 BR Lot 2 4 BR Lot 3 4 BR Lot 4 4 BR Lot 5 4 BR Lot 6 4 BR Lot 7 4 BR Lot 8 4 BR Lot 9 4 BR Lot 10 4 BR Lot 11 4 BR Lot 12 4 BR Lot 13 4 BR Lot 14 4 BR Lot 15 4 BR Lot 16 4 BR Lot 17 -R N/A TOTAL 64 BR * Includes one (1) three- bedroom employee unit exempt from - park dedication fee requirements. The December 1986 purchase price of $1,775,000.00 for the whole parcel indicates the fair market value of the Property. Fee calculated as follows: $ 1,775,000.00 = $ 110,937.50 x .01 = $ 1,109.38 16 Total Fee: 16 Lots x 4 BR x $ 1,109.38 = $ 71,000.32 �J PUBLIC NOTICE RE: GOLUB CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 7, 1995 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd Floor Meeting Room, City Hall, 130 S. Galena, Aspen to consider an application submitted by Eugene Golub, Aspen, CO, requesting approval of a Conditional Use Review for an approximately 330 square foot Accessory Dwelling Unit attached to an existing single family residence. The property is located at 0008 Ute Place; Lot 2, 1010 Ute Subdivision. For further information, contact Kim Johnson at the Aspen /Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920 -5100. s/Bruce Kerr Chairman Planning and Zoning Commission 21H sv✓ J w fi 4 ■a.o i u ' J ri� r � r S > Too ❑rnnnkr,-V � I� �F - P N1 ■ vw 0 w n _J 2 070 U7L �L U' 05 i Z 0 E WQ]fY, q a p as J m Nz / o co w a 0 E, a O O o m ' — City of Aspen Pre - Application Conference Summary Project Owner's Name Phone Type of Application Description of the pr The applicant has becA requested to reports: Land Use Code Section ng I X10 P lanner Date to the following items and provide the fol Continents 'file review is: P84Zs� Pu y " Deposit for the Application Review: Referral agency flat f s: IOTA L DGPOSI'1' (Additional hours are billed at a rate of 163 /hr.) To Apply Submit the Following Informal ion: I. Proof of ownership. 2. Signed fee agrecmenl. 3. Applicant's name, address al;d telephone number in a letter signed by the applicant which atso stales the name, address and telephone number of the representative. A. 31-111lary I deposit for review of the application —q— 5. copies of the ccunplete application packet and maps. 6. letter explaining the rcqucsl (existing conditions and pro ,wsed uses), including street address and legal description of the property. 7. An 8 1/2" by 11" vicinity map locating the parcel within tile City of A s and physical 8. Site plan shall include property boundaries, lot size, p r opo p Y features (drainageways, streams, rivers, etc.) 9. i0. These items need to be submitted if circled: List of adjacent prgpe t own s within 300 feet of the subject property with addresses. Site photos. 4 �,5 Proof of legs acces to the parcel. d. Historic Preservation Comnmssion review /approval. Referral Aseocies I January 25,1995 IGm Johnson Planning Office City of Aspen 130 S. Galena Aspen, CO 81611 Dear 10m, As the owner or lot 2 Ten Ten Ute Subdivision, Aspen, Colorado, 1 am authorizing the following people to represent me in maMm berore the Planning and Zoning ConWsston regarding the proposed Aaxssoly Dwelling Unit in the above referenced residence Gideon Kaufman Attorney at Law 315 E. Hyrr= Avenub Aspen, CO 81611 925.8106 Eu Golub Carlyle Building 1040 Lakeshore Drive Chicago, IL 130611 312 -440 -9787 Dick Fallin Baker Fallin Associates, Inc, 1280 Ute Avenue Aspen, CO 81611 925 -4252 TOTAL P.02 TAN -24 -1995 013:58 312 440 0809 P.02 JAH -24 -1995 10; IIW -24 -1995 L10 f-F.'LiI 6ULUH & LUI'IPHNY 09:41 FI 91�R FpLLIN ASMC. I TO 130 9252639 """'�13124400©0951e P.02 P.02 I January 25,1995 IGm Johnson Planning Office City of Aspen 130 S. Galena Aspen, CO 81611 Dear 10m, As the owner or lot 2 Ten Ten Ute Subdivision, Aspen, Colorado, 1 am authorizing the following people to represent me in maMm berore the Planning and Zoning ConWsston regarding the proposed Aaxssoly Dwelling Unit in the above referenced residence Gideon Kaufman Attorney at Law 315 E. Hyrr= Avenub Aspen, CO 81611 925.8106 Eu Golub Carlyle Building 1040 Lakeshore Drive Chicago, IL 130611 312 -440 -9787 Dick Fallin Baker Fallin Associates, Inc, 1280 Ute Avenue Aspen, CO 81611 925 -4252 TOTAL P.02 TAN -24 -1995 013:58 312 440 0809 P.02 11 I I I I III k I I I 1 1 II I L..: It II i, t 1111 1111 1 L Jc ! I'.1J3 Lowycrs Too Insurance Cgrporation 001= MaWgv.rtar. COMMITME 1K WT FFpp�nnE INSURANCE I Effective pat SCHEDULE A e JULY 1 , 1987 at 8 -00 A.M. 7 PoIIcY or DolrpeS to bit Issued (a) 0 ALTA r4es%*n iTII Ti tle B- 19pe17.70 i Rev. 10.17.841 d ALTA Residential Tide Insurance Insurance Pb 10. �1978 Praposed insured;�WENE COLUB Proposed Insured: 1970 4 1 1ev. 10-17 -708 Rev. 10-17.841 101 UTE CORPORATION, a Colorado Corporation lei Proposed Insured Case No Amount s 435.004 04 with a premium of $121.62 Amount 6 500, 0`_ with a premium of $50.00 Amount s Tine to the fee simple de or reterrod to In this Commitment is at the etfeotive data hereof vested t estate or interest In the land 1010 UTE CORPORATION, a Colorado Corporation he land reterred to in this Commitment Is desorib9d as rollovm LOT �? TEN TEN UTE SUBDIVISION, as shown on the recorded Plat in Plat Book 19 at Page 80 -81. COUNTT OF PITKIN, STATE OF COLORADO: 60T E. Hopilit►9 WMM1788 'tom• �olDtadB 81811 thereof recorded June 19, 1987 Commitment No. SClteduk A—Page 1 'ten NO 91- 88I3CN. JS I-p880e01,4 or Agent noyASl N .. . This commitment is invalie unless the Insuring Provisions ant Sehed• ulos A and 8 are atteelmd. JAN -24- 1995 0858 312 440 0109 P.03 II ill .'I I'1!'. Ili - ill I IIIIII Id1 1II: ;i 1.1911'If II III [.A1.71, "al'. {_! II.k14 0 -.j ,w,ers '/1111) Illaurallinci, eltlon IV 400 1 NAI1ff11NNfAfA y �•�' Rfcnmorlq VFeiniA . SCHEDULE 6 — Section 1 Requirements The loelowrng are the reaurremants to be Complied with: Item 1a) Payment lc er Ior the aCCount of the grantors In be insured. or morlgasOfS of the full consideration for the estate ar iMereat Item Wit. 1 . D * D eed from erinsfrom llslcreatingtheestateOrInt eresttobeins uredmustbe erlecutedanddulyfiledforrecord, title in w 1010 Ute Corporation, a Colorado %ene Golub. Corporation vesting g fee si A 2 • Partial Release, releasing the lien of the, Deed of Trust from 1010 Ute Corporation, a Colorado Corporation co the Public Trustee of the County of Pitkin for the use of s Fredric A. Benedict, F'abianne Benedict, Patricia E. Maddalone, Fred C. Larkin, Lucetta H. Larkin, Peter ED secure C• Boylan and August J. Burkart dated $ recorded December 30, 1986 December 31, 1986 in Book 526 at Page 997. 3. Evidence satisfactory that the Real 6staee Transf ordinance No. 20 (series of 1979) has bee r Tax as established by n paid oe exempted, 4 . Deed of Trust from : Eugene Golub [o the Public Trustee of the County of Pitkin for the use of 1010 Ute Cur p oration a co secure : $162,500.00 Colorado Corporation T" 'r cmmm? I rnnhl is inv.'rlrcl Irnlns9 1'. Insuring Pm Wjnnn a1x1 SClxrd• u1r.g A rind 3 ere oltaehefi. F" No 91 99 B. 11 fns.I.oae oaol,4 Schedule B•Soelion 1_P22e 1•Commitment No.--------- norelM., .n n .'.l I VP, ui:rG 1 11111 1111111 UJI11 11111 111 iJ1 V� �211_;i P.ut SCHEDULIi a— s. [rlen 2 Exceptions The polity or policies to be issued will contain exceptians to the following unless the same are disposed of to the satisfaction of the Company, T. Rights or claims of parties in possession not shown by the public records. 2. Fosemeats, or claims of easements, not shown by the public records_ 3. Discrepancies, conflicts in boundary lines, shortage in area, enwaachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the Public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, he. posed by low and not shown by the public records. S. 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 Io the dote the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commihnent. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service, or for any other special tasting district, 7. Right of way for ditches and canals constructed by the authority of the United States as reserved in United States Patent recorded in Book 175 at Page 299. 8. Terms, conditions, provisions, obligations, easements and restrictions as contained in Covenants, Conditions and Restrictions for Ten Ten Ute Subdivision recorded June 19. 1987 in Book 539 at Page 672. 9. Terms, conditions, provisions and obligations as contained in the By -Laws of Ten Ten Ute Homeowners Association, and of the Articles of Incorporation for Ten Ten Ute Homeowners' Association, not of record, a copy of said documents contained in the files of the company. 10. Easements, rights of way and other matters as disclosed on the recorded Plat of the subject property recorded June 19, Page 80 -81. J987 in Plat Book 19 at 11. Terms, conditions, provisions and obligations as contained in P.V.A. and Subdivision Agreement for Ten Ten Ute Subdivision, recorded June 19, 1987 in Back 539 at Page 629. Exceptions numberacl _a re hereby oraitled, The Owners policy to be issued, if any, shall contain the following items in addition to the on sat forth above: (1) The Deed of Trust. H any, required under Schedule n— Section 1, hem (b). (1) U-potented mining cloims reservations or exceptions in patents or in Acts authorizing issuance thereof water rights, claims or title to Water- (3) Any and all unpaid loxes, assessments and unredeemed fox sales. am 21.15B I flaekr M,, Schedule B— Section 2 —Page 1—No. - 736. 1 .pma_[JN r,,p4 TOTRL P.05 JAN -24 -1995 08159 312 440 9899 P•05 04/03/95 12:19 $303 920 2066 WELSCH RESIDENCE X1001 00 NPR p 3 1995 SUSAN FLEET WELSCH 10 Ute Place Aspen, Colorado 81611 Eh ±(�' (970) 920 -2003 Fax: (970) 920 -2066 April 3, 1995 Ms. Rim Johnson, Planner 130 South Galena Street Aspen, CO 81611 Dear Ms. Johnson: Nick McGrath faxed me a copy of your letter to him dated March 31, 1995 regarding the City's position on Accessory Dwelling Units (ADU) where there are Covenants, Conditions, and Restrictions (CC &RS) governing the affected subdivision. As you know the 1010 Ute Place subdivision has CC &RS governing our subdivision. At this time neither the Architectural Control Committee nor the Board of Directors has reviewed or approved the given proposal of Mr. Golub's plans for a proposed ADU. We will notify you when his ADU proposal has been approved or disapproved. Thank you for clearing up the ADU review process. Sincerely, ...i .3. 4)4L� Susan F. Welsch president of 1010 Ute Place Subdivision and Head of the Architectural Control Committee Nick McGrath FAX Delivery March 31, 1995 RE: 1010 Ute, Addition of an Accessory Dwelling Unit Dear Nick, At the request of Gideon Kaufman, I am writing to explain how the Community Development office will review a proposed accessory dwelling unit (ADU) when there is a homeowner's association active in the affected subdivision. If we are aware of such an association who's covenants may govern design, size or use of a home, we require proof within the Planning application that the association has reviewed and approved a given proposal. If the association does not approve an owner's project, Planning will not consider the application complete. A complete ADU application will be processed through the conditional use public hearing process. If the Commission finds that an ADU proposal in the 1010 Ute Subdivision meets all of the applicable review criteria, it will be treated like all other residential lots in the City. Thus, the ADU will be approved and the principal structure may receive additional floor area as allowed by the code. I hope this clears up any confusion for the ADU review process. If you have any other questions, please call me at 920- 5100. Sincerely, Kim Johnson Planner cc: Gideon Kaufman N.. RE: GOLUB CONDITIONAL USE PUBLIC ACCESSORY DG NOTICE IS HERER,Y GIVEN that a public hearing will Tuesday, March 7, 1995 at a meeting to begin at 4:30 1 Aspen Planning 6 Zoning Commission, 2nd Floor Meetin Hall, 130 S. Galena, Aspen to consider an application Eugene Golub,, Aspen, CO, requesting approval of a Con Review for an approximately 330 square foot Accessory [ attached to an existing single family residence. The located at 0008 Ute Place; Lot 2, 1010 Ute Subdiv, further information, contact Kim Johnson at the I Planning office, 130 S. Galena St., Aspen, CO 920 -511 s /Bruce Rerr- Chairman Planning and Zoning Commission :LLING UNIT be 1held on n before the Robm, City submitted by itiQ'nal Use rellIng Unit pro erty is sl0 t . For sp7/Pitkin 0 . -- ------- ƒ > 3 \/ }/ � 27 3: \ � } 7 5,j +4 ® - S 0 m: \G( oww LO ^ cn » _ ce c) ( �. | m � §(1)� 4k(_0 2 / {/ \\� \J/ z2 &S \\}( LLj 3<3+ i p ;G a) E 0 a%£o C \ }\/ tq ~ S \( \S ° mc \%( oar � © « % ®; 2 / {/ \\� \J/ z2 &S \\}( LLj 3<3+ i p ;G a) E 0 a%£o C \ }\/ tq ~ S \( \S ° mc \%( oar