HomeMy WebLinkAboutLand Use Case.706 W Main.A35-96Krabacher - 706 W. Main A35-96
2735-124-45-005 A35-96
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CASEOAD SUMMARY SHEET - CITY 010PEN
DATE RECEIVED:
DATE COMPLETE:
PARCEL ID #
5/7/96
2735-124-45-005
PROJECT NAME:
Krabacher ADU P & Z Conditional Use
Project Address:
706 W. Main, Aspen
APPLICANT:
B. Joseph and Susan Krabacher
Address/Phone:
201 N. Mill St., Ste 201, Aspen
REPRESENTATIVE: same
Address/Phone:
same
FEES: PLANNING
$235
ENGINEER
$0
HOUSING
$0
ENV HEALTH
$0
TOTAL
$235
AMT. RECEIVED $235
REFERRALS:
❑ City Attorney
❑ City Engineer
❑ Zoning
❑ Housing
❑ Environmental Health
❑ Parks
DATE REFERRED:
CASE # A35-96
STAFF: Amy Amidon
# APPS RECEIVED 10
# PLATS RECEIVED 10
TYPE OF APPLICATION:
One Step
❑ Aspen Fire Marshal
❑ City Water
❑ City Electric
❑ Clean Air Board
❑ Open Space Board
❑ Other:
INITIALS:
APPROVAL: Ordinance/Resolution #
Staff Approval
Plat Recorded:
CLOSED/FILED DATE: INITIALS:
ROUTE TO:
❑ CDOT
❑ ACSD
❑ Holy Cross Electric
❑ Rocky Mtn Natural Gas
❑ Aspen School District
❑ Other:
DATE DUE:
Date:
Date:
Book
Page
1) . Project Name
sMrrrr �
USE APP ZCA71M PD0
KrabacheA roposed Residential Addition
2) project- location 706 W. Main Street
Lot Q and West 20 feet Lot R, Block 18, City and Townsite of Aspen
(irxdicate street address,' lot & block n umber, .103a1 dr'* oVt On Ubere
m-xx3 ate)
3) Present Zoning
I
4) rat Size
5,000
s) Applicant's Name, Address & Phone # B. Joseph Krabacher, Susan S. Krabacher .
Z01 North Mill, Suite 201, Aspen, Colorado 81611 (303) 925-6300
6) Representative's Name, Address & Pbone # John Muir, Robert Trown & Associates, Inc.
25 Lower Woodbridge Road, Suite 104 B, Snowmass Village CO 81615 (970) 923-6131
7) Type of Application (please check all that apply).:
X dondi_ti r l Use oonoeptMRl SPA
Special Review Final SPA
8o4o Green1 ne docrnpt ual PUD
Stream Margin Final POD
Mountain View Pl anP Subdivision
Wimy-e—I.-OTM-
Minor Historic Dev.
Y Historic Demolition
Historic c- Desig ati m
Cmdaminimizatim T�mct,/Map AmEsdnerit _ GMZ1S Allotment
rat Spii vrat Line
Adjustmient
8) Description of E i sti rg Uses (number and type of existing- 5 es;
arm�Lnrimarn sq_ ft.; amber of bedrooms; any previous approvals granted to the
prcpertY) -
1699 Square feet - building approved by GnPrjal re-P4- ^nr commarriaj 1z31SZ.'less .
in Office Zone District; See Application for information on previous approvals.
9) Description tti of of Development Application
See Anolication for detailed (iegrrinr4nn
lo) Have you attad-sed the following?
Rise to Attachment 2, Min-i== SZbm i pion 00nt e zts
e to Attachment 3, Specific SubmI-SSian COnt nts
i
� to Attatt 4, Revew Standards for Your Application
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Dave Michaelson, Deputy Director a
RE: Krabacher Conditional Use Review for an.(Accessory Dwelling Unit (ADU) - Public
Hearing
DATE: June 18, 1996
SUMMARY: The applicant is requesting conditional use approval to construct a voluntary ADU within an
proposed residential structure at 706 West Main Street. Staff recommends approval of the conditional use
.with conditions.
APPLICANT: Joseph Krabacher
LOCATION: 706 West Main Street (Lot Q and the west 20 feet of Lot R, Block 18, M, N, O
and P),City and Townsite of Aspen
ZONING: O (Office )
LOT SIZE: 5000 sq. feet
Allowable FAR = 2,960.0 s.f.
Proposed -FAR = 2,883.5 s.f
BACKGROUND: The existing structure is a one-story landmarked miner's cottage that was previously
reviewed and approved by HPC as a conversion to an office. The current proposal would retain and expand
the existing residential uses, and will be reviewed by HPC on June 12, 1996. The proposed addition would
retain the miner's cottage, and include a two-story addition at the rear of the parcel. Staff will provide any
pertinent findings from the HPC hearing to the Commission at the ADU hearing.
REQUEST: The applicant is requesting conditional use approval for a voluntary below -grade ADU. The
ADU is completely voluntary as theproposed addition will not result in a 50% demolition of the existing
structure. The ADU is ac e sem a descending staircase off of the alley, and is approximately 622
square feet. The application is attached as Exhibit A, referral comments from the Housing Office as
Exhibit B, and bluelines of the proposed floor plan and elevations are attached as Exhibit C.
REFERRAL COMMENTS: Please see the memo from The Housing Office (See Exhibit B), which
approves the proposed ADU. Comments from Engineering have not been received, however the project
will be reviewed by the Development Review Committee on June 13, 1996. Any pertinent comments from
Engineering will be presented at the hearing.
STAFF COMMENTS:
Conditional Use Review - Pursuant to Section 24-7-304, the criteria for a conditional use review are 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 purposed to be
located,
RESPONSE: A fundamental goal of the Aspen Area Community Plan is to "Create housing opportunities
for 60% of the workforce to live up -valley of the Aspen Village Trailer Park". A short-term goal with the
Housing Action Plan was to develop "650 new affordable housing units, including employee -occupied
ADUs to achieve the identified current unmet need to sustain a critical mass of residents".
The ADUs, as depicted, exceeds the minimum net livable requirement of 300 square feet. The units must
comply with the Housing Guidelines and shall be deed restricted as a resident occupied unit for working
residents of Pitkin County.
The property is zoned O (Office), which extends on both sides of Main Street from North 7th Street to
Monarch. The purpose of the O zone is to provide for the establishment of office and associated
commercial uses in such a way as to preserve the visual scale and character of former residential areas that
are now adjacent to commercial and business areas, and commercial uses along Main Street and other high
volume thoroughfares. Staff notes that although no implied in the above statement, detached residential
dwelling units and multi -family units are a permitted use in the O 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;
RESPONSE: The O zone is a relatively dense multi -use zone district, which is appropriate for the
development of ADUs. Access to the ADU is off of the alley at the rear of the proposed renovation. In
staff's opinion, the proposed ADU does not represent an incompatible use, and the location in the vicinity of
the downtown core is consistent with long-term policies of community revitalization.
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 ADU is accessed from a descending stairwell, and does not share any interior access to
the primary residence. The stairwell is covered to protect from shedding snow. The unit includes a 30 sq.
ft. lightwell on the west side of the building, which exceeds UBC requirements for size (required = 25 sq.
ft.). The unit is 622 square feet in size, which exceeds the minimum requirement by 322 sq. ft.
The applicant is requesting a waiver of the one parking space required for an ADU. Staff is in support of
the waiver due to the close proximity of available transit (stop at 6th and Main) and the walking distance to
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the downtown core, but would suggest that the deed restriction include a requirement that tenants of the
ADU must store any vehicle off -site, and not on -street.
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: No additional infrastructure is required for the ADU above and beyond what is in place for
the existing neighborhood.
E. The applicant commits to supply affordable housing to meet the incremental need for increased
employees generated by the conditional use;
RESPONSE: The ADU must be deed restricted for resident occupancy. If the unit is rented, it must be
used to house a qualified working resident of Pitkin County.
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 proposed ADU is voluntary, and is not required by Ordinance 1.
STAFF RECOMMENDATION: Staff recommends approval of the proposed ADU with the following
conditions:
Prior to the issuance of any building permits, the applicant shall comply with the following:
/:11
IC
The owner shall submit the appropriate deed restrictions to the Aspen/Pitkin County
Housing Office for approval. Upon approval of the deed restrictions by the Housing
Office, the applicant shall record the deed restrictions with the Pitkin County Clerk and
Recorders Office with proof of recordation to the Planning Department. The deed
restriction shall state that the accessory unit meet the housing guidelines for such units,
meets the definition of Resident Occupied Unit, and if rented, shall be rented for periods of
six months or longer.
Kitchen plans shall be verified by the
specifications for kitchens in ADUs.
Housing Office to ensure compliance with
2. The ADU shall be clearly identified as a separate dwelling unit on building permit plans and shall
comply with U.B.C. sound transmission guidelines.
Prior to issuance of a Certificate of Occupancy, the Planning Department shall inspect the units to
ensure compliance with the conditions of approval.
All new surface utility needs and pedestals must be installed on -site.
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5. The applicant shall consult the City Engineer for design considerations of development within
public rights -of -way, and the Parks Department for vegetation species, and shall obtain permits for
any work or development, including landscaping, within public rights -of -way from the City Streets
Department.
6. Prior to the issuance of any building permits, a tree removal and mitigation plan shall be submitted
for review and approval by the Parks Department. Tree removal permits shall be required for the
removal or relocation of any tree greater than 6" caliper.
7. All material representations made bythe applicant in the application and during public meetings
with the Planning and Zoning Commission shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
RECOMMENDED MOTION: "I move to approve the conditional use for an ADU located at 706 West
Main Street, as outlined in the Planning Office Memo dated June 18, 1996".
Exhibits:
"A" - Application Packet
"B" - Referral Comments
"C"- Plans and Elevations
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TUN 12 '96 01:1GR1 AS* )USING OF1 • P.1
Exhibit B
MEMORANDUM
TO: Dave Michaelson, Community Development Dept.
FROM: Cindy Christensen, Housing Office
DATE: June 12, 1996
RE: KRABACHER REVIEW FOR AN ACCESSORY DWELLING UNIT
Parcel ID No. 2735-124-45-095
ISSUE: The applicant is asking for approval to construct a voluntary accessory dwelling
unit, to be located in the basement of a single-family residence.
BACKGROUND: According to the plans, the unit is to be approximately 622 square feet,
which is over the minimum and under the maximum.
RECOMMENDATION: Staff recommends approval of the accessory dwelling unit as
long as the following conditions are met:
1. If approved, the applicant would have to file a deed restriction with the Pitldn
County Clerk and Recorders Office. This document can be obtained from the
Housing Office,
2. The kitchen would have to comply with the definition stated in the Aspen/Pitidn
County Housing Guidelines.
lreCerrallkrabaeher.aeu
Le%cicfd
k.tty ul Aspen
• Pre -Application Cunfcrer ununary
�—� Planner a e
Project I ap �i - t i. S�t (/I i
Applicant ii Reprewtuative
Reptesenladve's Phone
Owner's Nance �1tr,Ql,,a mil„
Tylx: of Applicalitn)
Description of the (trt)ject devc t.)!ri II be_ req
llte' applicant has been requested it, resimnd to Ille foilowing items and provide the following
riporls:
u1W Use Code Reckon Colnrllculs
�t o (G� G
Q a 1 LJ <_
t
Referral. Agencies Tile rev '&Z onl ((:C onlq) (P&'L and CC)
IM v 1'ubii NO)
t)rlrosrt fort IcApplication tcview: Z�
Ilefel-nd agency Iltnl FL":
i
(Addilitxml Itaurc are t al a rate of 03 Air.)
i
To Apply Subtnil the 1-olloisiug Infurnwtl:nt:
1 I'rtx/f of nwncrship.
1. Applicant's Hanle. address :'Ill Ieielthone numbu in a Idler sipul by the Ipplicalli
which also stales 1bc 11ann•, "Iddress anti Ickyrhr)nc number of the rcpresc imOve.
A, Tnlal tlC11OSit fnr revieIV of Ille appl'tcatitrn S i_
5. LC cupics of the c('111lele al)piicalion Imckct ann 11111)Z,
G. Smmnary ICIICr exlrininitli; tilt: requcsl (CXisting t:olndititrt►s and prulmed uses), including
strecl address and legal dcscripliun of file pto1wrly.
7. An 8 1/2" by l I" vicimly nnap locating Zile parcel within, tile Cily of Aspen.
S. Site plan shall include lrrol)Crly buuntlaries, lul size, ltropusetl access, atNJ 1>tny,sical
features (diainageway, slreatns, rivers, e(c.)
9.
'these ilcrns aced to be submitted if circled:
n. List of adjacent prolwrty uwrncrs within 3OU feet of the subject property with addresses.
11. Site l4lott)s.
r Proof of legal accesN Ito tilt: parcel.
d. Historic Preservation C:ommissiun review/approval.
� I1:
0 0 Exhibit A
V. Conditional Use Accessory Dwelling Unit - LUC Sgr. 26 60 040
The scaled plans included in this Application include a sketch
plan of the site showing existing and proposed features which are
relevant to the review of the conditional use application. In
addition, proposed and elevations and floor plans are included.
THE CONDITIONAL USE IS CONSISTENT WITH THE PURPOSES, GOALS,
AND 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 proposed conditional use is for an accessory
dwelling unit. The AACP has encouraged employee housing, and
Ordinance No. 1, Series of 1990, gives the Applicant the option to
construct an accessory dwelling unit, which is a conditional use in
the Office (0) Zone District. This furthers the goals of the AACP.
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.
RESPONSE: The accessory dwelling unit has been carefully
designed and planned to be consistent and compatible with the
parcel. The access for the ADU is from the alley and the ADU is
located below grade. It is a generously sized studio (622 sq. ft.)
and its access is located away from snow -shedding roofs, under the
proposed rear porch.
The Applicants are requesting waiver or variation of the
requirement for one parking space for the ADU. The ADU is
completely voluntary as the Applicants are not required to provide
an ADU since the proposed addition will not result in a 500
14
reconstruction of the existing structure, and there is no
demolition of the existing structure. The Property is located on
Main Street and there is a bus stop on the corner of 6th and Main,
one house away. Further, there are a variety of transportation
options available to and from Main Street throughout the Roaring
Fork Valley. Providing an additional parking space may actually
encourage more use of the automobile, which is inconsistent with
the transportation objectives of the City of Aspen. Furthermore,
the site cannot accommodate an additional parking space. Overall,
the residential addition with the ADU is much more preferable than
the office building which has been approved and vested for this
Property, and if the parking space is not waived, the Applicants
likely will not build the ADU.
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,
VIBRATION AND ODOR ON SURROUNDING PROPERTIES
RESPONSE: As illustrated by the plans, the ADU has minimal
visual impact and virtually no impact on parking, trash, service
delivery, noise, vibrations or odor since it is incorporated within
a proposed single family residence.
THERE ARE ADEQUATE 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: The Property is located within the City of Aspen
and will be served by City water, sewer, and septic. Police and
fire protection are available as well as emergency medical
15
services, hospital and medical services, and schools. Drainage
will be designed by an engineer to minimize adverse effects on
historical flows.
THE APPLICANT COMMITS TO SUPPLY AFFORDABLE HOUSING TO MEET THE
INCREMENTAL NEED FOR INCREASED EMPLOYEES GENEP.ATED BY THE
CONDITIONAL USE
RESPONSE: This standard is not applicable. In any event, the
Applicant would be supplying affordable housing in the form of the
proposed ADU.
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 ADU is in compliance with the AACP and all
other applicable requirements, except as noted above.
The Applicant requests, upon final approval pursuant to the
City of Aspen Land Use Code, that the Applicant's rights be vested.
krabacher\docs\application.2
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EXHIBIT 7
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�l COMMUNITY DEVELOPMENT AGENDA
DECEMBER 6, 1996
8:30 SHARP
1. Thank you Jim! (Cindy & Stan)
2. Please keep your emergency phone numbers current! (Cindy & Stan)
3. Congratulations Bob! (Stan)
4. Holiday Party Update (Sharon)
5. Quarterly Meeting with Suzanne Konchan 8:45 a.m.
6. It's time to use Eudora ! (Deb)
7. City Petty Cash (Deb)
8. GMQS Buckets (Mary)
9. Large format Xerox machine update (Suzanne)
10. Hiring Update (Stan)
11. Dept. Policy for Holiday office gifts (Stan & Cindy)
12. Department and Section meeting updates.
13. Wreath/food drive/other good causes.
14. Tom update
15. Permit Software update (Deb)
16. Meals on Wheels (Suzanne & Tom)
UPCOMING MEETINGS
Aspen P & Z- 12/10
Aspen Meadows Trustee Townhomes (AA)
Farish Conditional Use for ADU/Hallam ESA (KJ)
Commercial Lodge (CL) Text Amendment (SW)
Tasche Conditional Use for "ADU (BN)
Citv Council-12/9
Aspen Mountain PUD (SC)
Open Space Text Amendment (Isis) lst Reading (AA)
Historic Landmark Lot Split Text Amendment 2nd Reading (AA)
Reso. State Rehabilitation Tax Credit (AA)
Winnerman Extension of Vested Rights (KJ)
County Planning & Zoning 12/10
Crystal/Redstone Scenic Overlay (RM)
1996 GMZS NOn-Metro Residential Allocations (tentative)
-Hall
-Burke
Heller/Moss 1041 & Lot Line Adjustment (RM)
HPC - 12/ 11
17 Queen Street - Lot Split
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HPC (continued)
214 E. Bleeker, Conceptual (cont. From 10/23)
Larry Fredrik - slides
Shoaf Referral
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LAW O FFICES OF
B. JOSEPH KRABACHER
and Associates P.C.
Jerome Professional Building
201 N. MILL STREET, SUITE 201
ASPEN, COLORADO 81611-3206
B. Joseph Krabacher"
Moscow Office
Curtis B. Sanders`
9 Krasnoproletarskaya
Michael G. Topalov^
Suite No. 3
Nickolai V. Prokhorov^
Tel: (970) 925-6300
103330 MOSCOW
Igor B. Porohkin ^
Fax: (970) 925-1181
RUSSIA
' Admitted in US only
email(Intemet address:
^Admitted in Russia only
brabarber@igcapc.org
DISCLOSURE OF OWNERSHIP
The undersigned, constituting an attorney licensed to practice
in the State of Colorado, hereby files this Disclosure of Ownership
of the following described property:
706 West Main Street, Aspen, Colorado 81611, also known
as Lot Q and the west 20 feet of Lot R, Block 18, City
and Townsite of Aspen, Pitkin County, Colorado
1. The names of all owners of the property are: B. Joseph
Krabacher and Susan S. Krabacher.
2. The property is subject to a mortgage or deed of trust in
favor of Chase Manhattan Bank, 201 N. Mill Street, Suite 103, Aspen
CO 81611 in the approximate amount of $360,000.
3. All other easements, contracts, and agreements affecting
the property are as disclosed on the Lawyer's Title Insurance
Corporation Policy No. 85-01-097598 attached hereto and
incorporated herein by this reference.
Dated: May 1996 B. JOSEPH KRABACHE ASSOCIATES P.C.
By: -
B. Jo Krabacher
201 North Mill, Suite 201
Aspen, Colorado 81611
Telephone: (303) 925-6300
krabacher\docs\disclosure.2
EXCLUSIONS FROM COVERAGE .
-he following matters are expressly excluded f, �e coverage of this policy:
1. (,1 Goverr mental police power.
(b) Any law, ordinance or governmental regulation relating to environmental protection.
(c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating
or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of
which the land is or was a part.
(d) The effect of any violation of the matters excluded under (a), (b), or (c) above, unless notice of a defect, lien or encumbrance resulting
from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens, liens or
other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge:
provided, however, that without limitation, such records shall not be construed to include records in any of the offices of federal, state or
local environmental protection, zoning, building, health or public safety authorities.
Z Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects. liens, encumbrances, adverse claims, or other matters (a► created, suffered, assumed or agreed to by the insured claimant; (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy and not disclosed_ in writing by the insured claimant to the Company prior to
the date sucn insured claimant became an Insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or
created subsequent to Date of Policy; or (a) resulting in loss or damage which would not have been sustained if the insured claimant had
paid value for the estate or interest insured by this policy.
CONDITIONS AND STIPULATIONS
Definition of Terms
Icl The Company shall have the right its own cost to Institute and
The following terms when used in this policy mean:
without undue delay prosecute any action or proceeding or to do any
(a) "insured": the Insured named in Schedule A. and, subject to any
other act which in its opinion may be necessary or desirable to
;hts or defenses the Company may have had against the named
establisn the title to the estate or interest as insured, and the Company
sured, those who succeed to the interest of such insured by operation
may take any appropriate action under the terms of this policy,
law as distinguished from purchase including, but not limited to,
whether or not It shall be liable thereunder, and snail not thereby
sirs, distributees, devisees, survivors. personal representatives, next
concede liability or wawa any provision of this policy.
kin, or corporate or fiduciary successors.
_- (d) Whenever the Company, shall have brought any action or
(b) "insured claimant'". an insured claiming loss or damage
interposed a defense as required or permitted by the provision of this
3reunder. .,�. _policy, the Company may pursue any such litigation to final
ic) '"knowledge": actual knowledge, not constructive knowledge or
determination by a court of competent jurisdiction and expressly
mice which may be imputed to an insured by reason of any public
reserves the right, in its sole discretion, to appeal from any adverse
cords.-.;!S�--, judgment or order.
(d) "land": the land described, specifically or by reference in
fe► In all cases where this policy permits or requires the Company to
A. and improvements affixed thereto which by law
.j'y, prosecute or provide for the defense of any action or proceeding, the
dude any
al property; provided, however, the term "land" does not include any
al property;
insured hereunder shall secure to the Company the right to so
'operty beyond the Tines of the area specifically described or referred
prosecute or provide defense in such action or proceeding, and all
in Schedule A, nor any right. title. interest, estate or easement in
' appeals therein, and permit the Company to use. at its option, the
Jutting streets, roads. avenues. alleys, lanes, ways or waterways, but
name of such insured for such purpose. Whenever requested by the
othing herein shall modify or limit the extent to wnich a right of
Company, such insured snail give the Company all reasonable aid in
::cess to and from the land is insured by this policy.
.., any such action or proceeding, in effecting settlement, securing
(e) "mortgage": mortgage, deed or trust, trust deed, or other =.
x
d'-cievitience, obtaining witnesses. or prosecuting or defending such action
for
acurity instrument.
2 ;or proceeding, and the Company shall reimburse such insured any
(f) 'public records" those records which by law impart constructivw,
5 v;-A -expense so incurred.
otice of matters relating to said land.
�--
-
4. Notice of Loss —Limitation of Action
'. Continuation of Insurance after Conveyance of Title
In addition to the no yes required under paragraph 3(b) of these
The Coverage of this policy shall continue in force as of Date of Policy
Conditions and Stipulat )ns, a statement in writing of any loss or
i favor of an insured so long as such Insured retains an estate or
damage for which it is c:aimed the Company is liable under this policy
iterest in the land, or holds an indebtedness secured by a purchase
shall be furnished to the Company within 90 days after such loss or
-)oney mortgage given by a purchaser from such insured, or so long as
damage shall have been determined and no right of action shall accrue
uch Insured snail have liability by reason of covenants of warranty
to an insured claimant until 30 days after such statement shall have
lade by such insured in any transfer or conveyance of such estate or
been furnished. Failure to furnish such statement of loss or damage
merest; provided, however, this policy snail not continue in force in
snail terminate any liability of the Company under this policy as to such
3vor of any purchaser from such insured of either said estate or
loss or damage.
tterest or the Indebtedness secured by a purchase money mortgage
wen to such insured.
1. Defense and Prosecution of Actions —Notice of Claim to be
liven by an Insured Claimant
(a) The Company, at its own cost and without undue delay, shall
,rovide for the defense of an insured in all litigation consisting of
!ctions or proceedings commenced against such Insured or a detense
nterposed against an Insured in an action to enforce a contract for a
;ale of the estate or Interest In said land, to the extent that such
Itfgation Is founded upon an alleged defect, lien, encumbrance, or
)ther matter insured against by this policy.
(b) The Insured shall notify the Company promptly in writing (i) in
-ase any action or proceeding Is begun or defense is Interposed as set
;orth in (a) above, (ii) In case knowledge shall come to an insured
iereunder of any claim of title or interest which is adverse to the title
o the estate or interest, as insured, and which might cause loss or
Jamage for wnich the Company may be liable by virtue of this policy, or
till If title to the estate or interest. as Insured, is rejected as
3nmarketable. If such prompt notice shall not be given to the Company,
nen as to such Insured all liability of the Company shall cease and
.erminate in regard to the matter or matters for wnich such prompt
iotice Is requirea: provided, however, that failure tr 'ifv shall In no
--se ore4udlce the rights of anv such Insured under ; policy unless
fn,lnrP anti then only to the
5. Options to Pay or Otherwise Settle Claims
The Company shall have the option to pay or otherwise settle for or in
the name of an insured claimant any claim insured against or to
terminate all liability and obligations of the Company hereunder by
paying or tendering payment of the amount of insurance under this
policy together with any costs, attorneys fees and expenses incurred
up to the time of such payment or tender of payment, by the Insured
claimant and authorized by the Company.
6. Determination and Payment of Loss
(a) The liability of the Company under this policy shall in no case
exceed the least of:
(i) the actual loss of the insured claimant: or
(ii) the amount of insurance stated in Schedule A.
(b) The Company will pay, in addition to any loss insured against by
this policy, all costs imposed upon an insured In litigation carried on by
the Company for such Insured, and all costs, attorneys fees and
expenses In litigation carried on by such Insured with the written
authorization of the Comr--v
(c) When liability has i definitely fixed in accordance with the
conditions of this policy, t.._ loss or damage snail be payable within 3C
days thereafter
LwyersZit�e
Insurance Crporation
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
SC:�ULL' B-CWNM' S'
CASE NLT.NS=-'R DATE OF ?OL:C`7 ?OL:Cy NL':�'.. rR
?CT-2703 12/02/88 ;a 2:26 P.M. 85-01-097598
DOS NOT �ISiJi'�' P,GAI:15'r LCSS OR DAMA= BY REASON OF T: FOLLChv IG
1. Rights or clams of parties in possession not sresnm by the public records.
2. Easemmmts , or claims of easements, not sl^.om by t`'-e public records.
3. Discrepant; es , conflicts in bo1-^' lines, sl=rta e in area, e^croac:^ne.^- :s , and ar_•y,
facts wbic.': a correct sur'7e�y and inspecticn of the premises would disclose and
are not si^.cwm by the public records.
4. Any lien, or right to a lien, fcr services, labor, or material heretofore or heretc-
after 1.-4shed, L=csed by law and not sown 'ry the public records.
5. U^ ate_ited �.ti.^.g claiTs , reservations or ev�ticrs in pate::ts or i^. Acts aL �'�.or
i.^. the issuance thereof; water rights, clam or title to water.
6. Taxes fcr the year 1988 not yet clue or payable.
Reser ratio .. - i^
s and etf=s as CCr.ta.ed in united States Bdte.*:t
1897 i^_ Book 139 at v.age 216.
8. Terms, cw.c{ticrs, obl'_gatiors midrest:=ctions as set fort.': ^. Aspe^. City Cc��-:c'_l
OrdL--arse -No. 60 (Series of 1976) desigat� ^ a Histcric Dist:'_c'c rercr^.ed '1'e= '^ter
9, 1976 -;n Book 321 at Page 51.
9. Deed of Tn st f r = . B . J0S-=1 K AEACH-7-M
to the Public Txn stee of Pit.' ^. Ca-ntY
for the use of SUN SAVT**iCS AND LOA'�T ASSOCTATTON, :T I S SUC 1---SS0 S AND OR
ASSIGNS
to sec" -,re $220,000.00
dated DEC-1-4-S.. M 02, 1986
rotorded : DECK? 02, 1988 -_,,I BOCK 579 AT ?AC- 953
receptic: no. 3C6554
10. Deed of Trust from . B. JOSS? %TAEAC=P
to the ?1blic T:—' stee of CO'.L^_tV
fcr the ':Se Of AM TCAN C,'r,,.Tj7 C'JR�PA==ON, A 2.EAWARE CCRDORATION
to secure $20,000.00
dated DE ' 01, 1988
recur ?.mod MCrMSBE 02 , 1988 :.21 BOOK579 AT PACE 959
recemticr. ^.o. 306555
N� : ABOVE' DEM OF TFL'ST ?S-?ECCRL'S DEC ' ? 13 , 1988 '_'I °ACK 580 AT ?ACE 759 ,
REC=- --CN NO. 306850
?v.C�TI0.5 NU;vfA�.L...� 1, 2, 3 & 4 ARE ? Ctx-T=.
CONDITIONS AND STIPULATIONS —CONTINUED
7. Limitation of Liability
No claim snail arise or be maintainable under this policy (a) if the
Company, after naving received notice of an alleged defect. lien or
encumbrance insured against hereunder. by litigation or otherwise.
removes such detect. !ien or encumbrance or establishes the title. as
insured, within a reasonable time after receipt of such notice: (b) in the
event of litigation until there has been a final determination by a court of
competent jurisdiction, and disposition of all appeals therefrom, adverse
to the title. as insured, as provided in paragraph 3 hereof: or(c)for liability
voluntaniv assumed by an insured in settling any claim or suit without
prior written consent of the Company.
B. Reduction of Liability
All payments under this policy, except payments made for costs.
attorneys fees and expenses, shall reduce the amount of the insurance
pro tanto. No payment shall be made without producing this policy for
endorsement of such payment unless the policy be lost or destroyed. In
which case proof of such loss or destruction shall be furnished to the
satisfaction of the Company.
11. Subrogation Upon Payment or Settlement
Whenever the Company shall have settled a claim under thispolicv,
right of subrogatton shall vest in the Cumpany unaffected by any act of
insured claimant. The Company shall be subrogated to and be entitlea
ail rights and remedies which sucn insured claimant would have rE
against any person or property in respect to such claim had this policy
been issued, and if requested by the Company, such insured ciaima
shall transfer to the Company all rights and remedies against any pers-
or property necessary in order to perfect such right of subrogation ar
shall permit the Company to use the name of such insured claimant in ar
transaction or litigation involving such rights or remedies. If the payme
does not cover the loss of such insured claimant, the Company shall
subrogated to such rights and remedies in the proportion which sa
payment bears to the amount of said loss. If loss should result from ar
act of such insured claimant, such act shall not void this policy, but :-
Company, in that event, shall be required to pay only that part of 3-
losses insured against hereunder which shall exceed the amount, if ar
lost to the Company be reason of the impairment of the right
subrogation.
9. Liability Noncumulative
It is expressly understood that the amount of insurance under this
policy shall be reduced by any amount the Company may pay under any
policy insuring either (a) a mortgage shown or referred to in Schedule B
12. Liability Limited to this Policy
hereof which is a lien onthe estateor interest covered by this policy, crib)
;' This instrument together with all endorsements and other instrumer,
a mortgage hereafter executed by an insured wnich is a charge or lien on
*my,attached hereto by the Company �s the enure policy and contrr
the estate or merest described or referred to in Schedule A. and ilia
borween the insured and the Company.
amount so paid shall be deemed a payment under this policy. The
,. Any claim of loss or damage, whether or not based on negligence.
Company shall have the option to apply to the payment of any such
„ vWdd arises out of the status of the title to the estate or interest cover
mortgages any amount that otherwise would be payable hereundertothe
hemby or any action asserting such claim, shall be restricted to
insured owner of the estate or interest covered by this policy and the
ptdtrrsions and conditions and stivuiations of this policy.
amount so paid shall be deemed a payment under this policy to said
Noamendment of or endorsement to this policy can be made excep:
insured owner.
writing endorsed hereon or attached hereto signed by either
President, a Vice President, the Secretary, an Assistant Secretarv,
10. Apportionment
If the land described in Schedule A consists of two or more parcels
which are not used as a single site. and a loss is established affecting one
or more of said parcels out not all, the loss snail be computed and settled
on a pro rata basis as if the amount of insurance under this policy was
divided pro rata as to the vatue on Date of Policy of each separate parcel to
the whole, exclusive of any improvements made subsequent to Date of
Policy, unless a liability or value has otherwise been agreed upon as to
each such parcel by the Company and the insured at the time of the
issuance of this policy and shown by an express statement herein or by an
endorsement attached hereto.
validating officer or authorized signatory of the Company.
- 13. Notices. Where Sent
All notices required to be given the Company and any statement
writing required to be furnished the Company snail include the number
this policy and shall be addressed to its Corporate Headquarters, 86-
West Broad Street, Richmond. Virginia, mailing address: P.O. Box 275E
Richmond, Virginia 23261.
Lawyers Title Insurance Corporation
National Headquarters — Richmond, Virginia
0
A WORD OF T ANKS...
As we make your policy a part of our permanent records. we want to express our
appreciation of this evidence of `our faith in Lawyers Title Insurance Corporation
There is no recurring premium
This policy provides valuable title protection and we suggest you keep it in a safe
place where it will be readily available for future reference.
If you have any questions about the protection provided by this policy contact the
office that issued your policy or you may write to:
Consumer Affairs Department
Jawy+ers�itle Insurance Corporation
P 0 Box 27567
Richmond. Virginia 23261
aw111"yers�itle
insurance Crporation
POLICY OF TITLE INSURANCE
•
EXHIBIT 3
•
B. JOSEPH KRABACHER
SUSAN S. KRABACHER
706 WEST MAIN STREET
ASPEN, COLORADO 81611
Aspen/Pitkin Planning Office
City Hall
130 South Galena, Third Floor
Aspen, Colorado 81611
Re: Authorization for Representation
Ladies and Gentlemen:
This letter will constitute the authorization for B. Joseph
Krabacher, 201 North Mill, Suite 201, Aspen, Colorado 81611 and
Robert Trown & Associates, Inc., 25 Lower Woodbridge, Suite 104 B,
Snowmass Village CO 81615 to represent B. Joseph Krabacher and
Susan Scott Krabacher, with respect to a Land Use Application for
sianificant historic development and conditional use approval and
all matters related thereto.
Very my Yo s,
B. Joseph K abacher
Susan Scott Krabacher
krabacher\1trs\p1anning.4
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EXHIBIT 4
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EYHIBIT 5
L!aalw ers itle
y
Insurance Corporation
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
Policy Numoer
85-01-097598
SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF
THE CONDITIONS AND STIPULATIONS HEREOF, LAWYERS TITLE INSURANCE CORPORATION. a Virginia corporation
herein called the Company, insures, as of Date of Policy shown in Schedule A. against loss or damage. not exceeding the
amount of insurance stated in Schedule A. and costs, attorneys' fees and expenses which the Company may become
obligated to pay hereunder, sustained or incurred by the insured by reason of:
1 . Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land: or
4. Unmarketability of such title. _
IN WITNESS WHEREOF the Company has caused this policy to be signed and sealed, to be valid when Schedule A is
countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws.
LwylersTide Insur 'nce Corporation
By:
Njed—C.
�
President
Attest: V, i.
Secretary.
BASEMENT A.D.U. PLAN
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-
SEC. ION I eFCrION �EC�bN
KRABACHER RESIDENCE
Planninv & Zoning Floor Area Calculations
ALLOWABLE BUILDING AREA FOR EXISTING 5,000 S.F. LOT
Base allowable for lot sizes
3,000-6,000 s.f.: 2,400 s.f.
Allowable increases 28 s.f. of floor area for each 100
s.f. of lot area over 3,000 s.f.
(5,(00 minus 3,000 divided by
100 times 28): 560 s.f.
Total allowable area: 2,960 s.L
PROPOSED BUILDING AREA
Existing residence: 1,717.25 s.f
New construction: Fi. or: 274.20 s.f.
Second floor: 806.80 s.f.
Excess garage area 420.25 s.f. proposed garage area
minus 250 s.f. allowable _ 170.25
s.f. counted at .5 FAR: 85.13 s.f.
Total proposed area: 2JW8 40 s.f.
PROPOSED BASEMENT A.D.U. BUILDING AREA -
First floor: 72.00 s.f.
Basemem 622.50 s.f.
Total proposed area: 694.50
< i
SITE/ROOF PLAN
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BUILDING SECTION
SECOND FLOOR PLAN -q FIRST FLOOR PLAN
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