HomeMy WebLinkAboutLand Use Case.CU.8 Ute Pl.A7-95GOLUB CONDITIONAL USE
2737-182-65-002 A7-95
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1) . Project tL1me Golub ADU Conditional- Use
2) lroj cct Location 0008 U t e Place
Lot 2, Ten Ten Ute Subdivision, City of Aspen, Co.
( indicate street address, lot & block rxmb(-r, legal descdprtion where'
appropriate)
3) Present 7"iirr3 R -1 S P T T n .4) Lot Size 24,307
5) Applicant's Name, Address & Phone F i i 8 P n P G n 1>, h
Golub & Co
(Y29 i Mirbigarl 312 440 8787
Chicago, IL 60611
6) Pepresentative's Name, Address & Phone = Dick F a l l i n Gideon Kaufman -
1280 Ute Ave#10 315 E. Hyman Ave
Aspen, CO 81611 Aspen, CO 81611
925-4252 925-8166
71 7ype of Application (please check all that apply): ,
x Oorr3.itional Use Conn al SPA Historic De,; -
special Review
8040 Greenline
Stream Margin
Y,oLmt a- n Vie:. Plane
(%nc3cm i n i tmi i nation
Lot Splitj'ljat Line
Adj usbDent
Final SPA.
donoeptual PUD
Final FM
Subdivision
Text,/Map lit
Final Historic Dev-
Minor historic Dev_
Historic De=lition
Historic Designation
GM,2S ALlotment
Q, EM21pt-on.
. •• •I's •• • • L• •
Existing single family 5 bedroom, two car garage
9) Description of Dzvelcpment 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 an(* -a new office/study.
10) Have you attached the followixrr-
Ronne to Attachment 2, Minimum SlAm iscion Contents
Response to Attac mant 3, Specific i�—ion Oontesits-
Respoc1 to Attacmmeat 4, naviev Standards for Your Application
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:KJ
PROJECT NAME:GOLUB ADU CONDITIONAL USE
Project Address:8 UTE PLACE
Legal Address: lct ?, Gu jl�&,u —
APPLICANT:EUGENE GOLUB 312 440-8787
Applicant Address:625 N. MICHIGAN AVE CHICAGO, IL 60611
REPRESENTATIVE:GIDEON KAUFMAN
Representative Address/Phone:315 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 PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
CC Meeting Date
DRC Meeting Date
REFERRALS:
City Attorney
City Engineer =
Housing Dir.
Aspen Water _
City Electric _
Envir.Hlth. _
Zoning _
PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
Parks Dept.
Bldg Inspector
Fire Marshal
Holy Cross
Mtn. Bell
ACSD
Energy Center
School District
Rocky Mtn NatGas
CDOT
Clean Air Board
Open Space Board
Other
Other
DATE REFERRED: INITIALS: DUE:
FINAL ROUTING: �r (`, DATE ROUTED: - rINITIAL:IjUU
City Atty City Engineer Zoning Env. Health
Housing Open Space Other:
FILE STATUS AND LOCATION:
•
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Dick Fallin
1280 Ute Ave. #10
Aspen, CO. 81611
RE: Golub ADU Application
Dear Dick,
ASPEN • PITKIN
PLANNING & ZONING DEPARTMENT
COMMUNITY DEVELOPMENT DEPARTMENT
March 1, 1995
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 I 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 -of 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
Pmtedon rrrydni paper DIRECT FAx LINE: 303.920.5439
• 6
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. -
Sincerely,
Kim J on
Planner
attachment
SUSAN FLEET WELSCH
10 Ute Place
Aspen, Colorado 81611
(303) 920-2003 Fax: (303) 920-2066
February 27, 1995
Ms. Kim Johnson
Aspen/Pitkin Planning Office
130 S. Galena St.
Aspen, CO 81611
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
•
44
MEMORANDUM
To: Kim Johnson, Planning Office
From: Chuck Roth, Engineering Department e
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 27 195 03:24PM ASPEN HOUSING OFC P.1
i
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 _ Thn si sP of the accessory unit falls
within the guidelines of the Code:
Accessory dwelling units shall contain not less than three hundred (3130) 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 autharity's guidelines for resident occupied units and shall
be limited to rental periods of not less than six (6) months in duration. Owners of the principal
residence shall have the right to place a qualified employes 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 - 1=or Accessnry Dwelling Units and Caretaker Dwelling UnXs, a minimum of a two -burner
stove with oven, standard sink, and a 6-cubic 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 off_i.ca.
The Housing Office must have the recorded book and page numbers
prior to building permit approval.
\—ZdN—f C—Q 1\901up. adu
0 r
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. Zonina: Bill Drueding and Dick Fallin confirmed the zoning regulations
that are in effect for the Ten Ten Ute Subdivision, and confirmed the
F.A.R. calculation methods.
2. Housing: 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 applicant's house addition, more F.A.R. 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.
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.
0 0
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,
• 0
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.
�r
E� 539 P %F643
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.
mov 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
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
Z i v✓
City of Aspen
Pre -Application Conference Summary
� 2/0
Planner Date
Project
Applican
Representative s rnum-
Owner's Name
Type of Applicatirnl
Description of the pr
The applicant has
reports:
Land Use Code Sect ion
Referral Agencies
ment
ng reques
d to the following items and provide the following
Connnents
'The review is: P8
Pu
CO
Deposit for the Application Review: O %
Referral agency flat f s:
.I'OTA 1, D la'US I'I'
(Additional hours are billed at a rate of l63/hr.)
To Apply SuUulif file hollowing lufurmaliau:
I. proof of ownership.
2. Signed fce agreement.
d
3. Applicant's name, address 11:telephnum
one ber in a letter signed by the applicant
which also states the name, address and telhone number of the representative.
4, I deposit for review of the application �+�__•
5. copies of the cc,mplete application packet and maps.
6. 191mary letter explaining the request (existing conditions and proposed uses), including
street address and legal description of the property.
of Aspen.
7. An 8 1 /2" by 1 1,, vicinity map locating the parcel wit hi��ro osed yacce s, and physical
l
8. Site plan shall include property boundaries, of size, p I
features (drainageways, streams, rivers, etc.)
9.
10.
These items need to be submitted if circled:
List of adjacent prof t vwil s within 300 feet of the subject property with addresses.
b. Site photos. S
es to the parc
Proof of legaacc I
d. Historic Preservation Commission review/approval.
JNta- 4-1' 95 W:00 F kUl'l I-ALILUB l,. LLQ'IPHNY I u 1JW9252639 P.02
J 1 24 -19�G 09--41 FF LIN FSMC. M 01312144OW09510 P.02
January 2.5, 1995
Kim Johnson
Planning Office
City of Aspen
130 S. Galena
Aspen, CO 81611
Dear Kim,
As the owner of Lot 2 Ten Ten Ute Subdivision, Aspen, Cap orado, I am
authorizing the following People to represent me in matters before the Planning
and Zoning Conrnnlsalon regarding the proposed Amessory Dwelling Unit in the
above referenced residence,
Gideon Kauftnan Dick Fallin
Attorney at Law Baku t~allin Associates, Inc.
315 E. Hyman Avenu;b 1280 Ute Avenue
Aspen, CO 81611 ` Aspen, CO 81611
925-8166 825-4252
Sirtc:ery,
Eug Golub
Carlyle Building
1040 Lakeshore Drive
Chicago, IL 6D611
312-440-8787
TOl"r-L P.02
AN-24-1995 08:58 312 440 OB09 P.02
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COMMITMENT Ppa TIT1-E INSURANCE
t Effective Dille SCHEDULE A
Ji1LY 1 , 1987 at 8;00 A.M.
7 Prlicy Of polfCreS to be issued
(a)
`M`ALtA Owi,@r-S8-1970{Hev. 10.17.70 ai
0 ALTA Residential Tide Insurance 4". 10-17-84)
P'opoaed insured: Fbliry-19rs
' I,�F.NB COLUB
(b) ALtA Loan Policy. 1970 inev. Ta 17-7t) & Rev. 10-17-841
Proposed Insured: 101 UTE CORPORATION, a Colorado
Corporation
fcl
Proposed insured
Case No. PCT-880-87 / -p._
Amounts 435 000.00
with a premium of $5 12'1.62
Amount s fi 50 .00
with a pretnium of $50.00
Amount $
tree to the
fee simple
de"crrbed or referred to in this Commitment is at the olfective estate a interest In the land
date hereof veste
d in:
1010 UTE CORPORATION, a Colorado Corporation
0
he land referred 10 in this Commitntem is desaribt4 as rollovm
LOT `? ,
TEN TEN UTE SUBDIVISION,
as shown on the recorded plat thereof recorded June 19, 1987
in Plat Book 19 at Page 80-81.
COUNTY OF PITKIN,
STATE OF COLORA00.
PfWn t " rift, Inc.
6M E. Hopkins (303)925-1768
at- A' , . 81611
o ricer or Agent
35. 1 OE8-owl /4
�D!/JAfsl at ..
Commitment No.
Schedule A —Pao, T
This cpmrhitment is invalitt unfess
the Insuring ProrMons and Sched-
Wes A and 8 are attached.
JRN-24-1995 08:56 312 440 0809 P.03
II111 .'•I I'1 I'- III III 1111111 Id l III; l (111'1111 III 1,A1,;'I,''-. I..i'1 1'.0.1
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SCHEDULE B---Section 1
Requirements
Trlr+. }ott0,y,r,y art the reQutremanes to be camptred with:
Item (of Pryment to or for the account of the graws tit be insured. or mortgagors of the lull consideration for the estate or interest
llem {b) Proper Instrumentlsl riesling the estate or interest to be
I wit. insured must to executedend duly tiled for r
�• Deed from 1010 Ute Corporation ecord.
title in p%eue Golub. a Colorado Corporation vesting
$ fee simple
z• Partial Release, releasing the lien of the,
Deed of Trust from : 1010 Ute Corporation, a Colorado Corporation
to the Public Trustee of the County of Pitkin
for the use of Fredric A. Benedict, Fabienne Benedict Maddalone, Fred C. Larkin, Lucetta M. Larkin,cPeter
to secure C. Boylan and August J. Surkart
dated = $1,375,Oo0.00
recorded December 30, 1986
December 31. 1986 in Book 526 at Page 997.
3.insatisfactory that
Ordinance No. 20 (series of the Real Estate Transfer Tax as
1979) has been paid or exemptedestablished by
4. Deed of Trust from : Eugene Golub
to the Public Trustee of the County of Pitkin
for the use of i010 Ute Corporation s
to secure : $162,500.00 Colorado Corporation
Th,g cnrnr►rtt,nr`nt r5 invahtl trrttns3
111—Z A :,,,d 13 -ry ;tttr�[hecl.
ro— No % ti8 M if
o3g. 1.08 8 Owl'd
u
Schedule B•Saction t-pago t-Commitment No.
JAN-24-1995 08:58
312 440 0809
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AICMMOrv0. VrRGIM1A
SCHEDULE a —Section Z
Exceptions
The policy or policies to be issued will contain exceptions to the following unless the some are disposed of to
the satisfaction of the company:
1. Rights or claims of parties in possession not shown by the public records.
2. Fosemertts, or claims of easements, not shown by the public records_
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and ony 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, im-
Posed by low and not shown by the public records.
S. Defects, liens, encumbrances, adverse claims or other hatters, if any, created, first appearing in
the public retards or attaching subsequent to the effective dote hereof but prior to the dote the
proposed insured acquires of record for valve the estate or interest or mortgage thereo
by this Commitment. n covered
6. Taxes due and payable; and any tax, special assessment, charge or lien
imposed for water or sewer service, or for any other special taxing
district.
7. Right of way for ditches and canals constructed by the outbority 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 .Tune 19, 1987 in Book 539 at Page 672.
9• Terms, conditions, provisions and obligations as contained in the By -Laws
of Ten Ten Ute Iomeowne-rs 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 hatters as disclosed on the recorded
Plat of the subject property recorded June l9, 1987 in Plat Book 19 at
Page 80-81.
ll. Terms, conditions, provisions and obligations as contained in P.U.D. and
Subdivision Agroewent for Ten Ten Ute Subdivision, recorded June 19, 19g7
in Book 539 at Page 629.
Exceptions numbered _ore hereby omitted, ,
The Owner's policy to be issued, if any, &hail contain the following items in addition to the ones set forth above;
(1) The Deed of Trust, if any, required under Schedule B_Seetron 1, (tern (6).
(2) Unputented mining civimsr reservations or exceptions claim! thereof; water rightin patents or in Acts authorizing iisvonce
s• m! or title to water_
(3) Any and all unpaid loxes, assessments and unredeemed tax soles_
Schedule B_Section 4--Page 1—No.
'arm 91 •gg 8= RoekY MI.
335.1•08$-0504
TOTAL P.05
JAN-24-1995 08:59 312 440 0B09 P•05
04/03/95 12:19
WELSCII RESIDENCE
Q 001
$`303 920 2066
•
•
SUSAN FLEET WELSCH
10 Ute Place
Aspen, Colorado 81611
(970) 920-2003 Fax: (970) 920-2066
April 3, 1995
Ms. Kim 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 I 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,
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
• • • 0
PUBLIC NOTICE
RE: GOLUB CONDITIONAL USE REVIEW FOR AN ACCESSORY DWIELLING UNIT
NOTICE IS HEREBY GIVEN that a public hearing willi be (held on
Tuesday, March 7, 1995 at a meeting to begin at 4:30 14m betare the
Aspen Planning & Zoning Commission, 2nd Floor Meetin§ Rohm, City
Hall, 130 S. Galena, Aspen to consider an application!submitted by
Eugene Golub, Aspen, CO, requesting approval of a Cond'itiQ�naI Use
Review for an approximately 330 square foot Accessory Owell nq Unit
attached to an existing single family residence. The!pro erty is
located at 0008 Ute Place; Lot 2, 1010 Ute Subdiv!isioi. For
further information, contact Kim Johnson at the Aspe�/Pitkin
Planning Office, 130 S. Galena St., Aspen, CO 920-5100.
s/Bruce Kerr Chairman I
Planning and Zoning commission
City of Aspen P a Z
130 S Galena4 ,
• Aspen CO 81611 j
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