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HomeMy WebLinkAboutLand Use Case.CU.101 E Francis St.A54-93D / C(/, Sparbaro Conditional Use Review f <VAy,�) A54-93 2735-124-21-004 �u� CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 09 22 93 PARCEL ID AND CASE NO. DATE COMPLETE: Z,2735-124-21-004 A54-93 STAFF MEMBER: %y)L _ PROJECT NAME: Sbarbaro Conditional Use Review Project Address: 101 E. Francis Legal Address: Lots H & I, Block 56 APPLICANT: James Sbarbaro Applicant Address: REPRESENTATIVE: David Brown Representative Address/Phone: 300 S. Spring St, Suite 300 Aspen, CO 81611 925-2254 -------------------------------------------------------------- -------------------------------------------------------------- FEES: PLANNING $ # APPS RECEIVED 1 ENGINEER $ # PLATS RECEIVED 1 HOUSING $ ENV. HEALTH $ TOTAL $ 0 TYPE OF APPLICAT ON: STAFF APPROVAL: 1 STEP: X 2 STEP: 1 P&Z Meeting Date PUBLIC HEARING: YE NO VESTED RIGHTS: YES NO CC Meeting Date DRC Meeting Date REFERRALS: ity 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: I a % INITIALS: hD DUE: 16 113 j `t 3 FINAL ROUTING: DATE ROUTED: INITIAL:7?J0' City Atty City Engineer Zoning Env. Health Housing Open Space Other: FILE STATUS AND LOCATION: STRYKER / BROWN A R C H I T E C T S, P C January 4, 1994 Mr. Bill Dreuding and Ms. Mary Lackner Aspen/ Pitkin Planning Department City Hall 130 S. Galena St. Aspen, Colorado 81611 Re: Sbarbaro Residence ADU expansion, 101 W. Francis, Aspen Dear Bill and Mary: My Clients, the Sbarbaros, would like to slightly increase the size of the approved Accessory Dwelling Unit. The increase of 3' x 17'-4 1/2" adds approximately 52.14 FAR Square Feet to the existing approved 375.9 sf "net livable" area. Enclosed are copies of plan details and an Area Calculation Summary for the proposed modification. The additional area appears to remain short of the allowable area (FAR) due to the FAR bonus for the ADU, and well short of the maximum 700 sf allowed for ADU's. I had brief conversations with Kim and Leslie and understand that this minor modification is OK. Should you like to meet to review this or the plans currently in your IN BOX, please call. Sincerely, 4/1 O � _ (i c rw -fi co a -)" t� A z{nn 0 vr�A . TW-j David P. Brown A �%t V111o� 1S Sty r 00 3 0 0 S. S P R I N G S T R E E T, S U I T E 3 0 0 A S P E N C O L O R A D O 8 1 6 1 1 3 0 3• 9 2 5 2 2 5 4 9 2 5• 2 2 5 8 ( F A X) sbarbaro sd area summary Area Calculations st Floor ,nd Floor sub -total heated Garage /Bikes Porch area under Eoverh a>Y Sub -Total ADU (Accessory Dwelling Unit net livable s.f. second floor first floor total st net livable total FAR 5asic FAR ALLOWED FAR Bonus at 50% of ADU TOTAL FAR ALLOWED FAR not used at this time revised 11.18.93 actuall SF FAR sf 1425.8 1351.93 1516.3 4294.03 527 1425.8 1351.93 19.85 2797.58 527 52.5 3377.0E I !3 E45.9 0 375.9 3377.08 3240 187.95 + 2� 0� v21�}. D2 3427.95 + 2co. o'� =�} q'• O7. 50.'L�.e)o�� 87 (Jt,4u,--?-O Page 1 MEMORANDUM TO: Planning and Zoning Commission FROM: Mary Lackner, Planner RE: Sbarbaro Conditional Use for an Attached Accessory Dwelling Unit - Public Hearing DATE: November 16, 1993 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The Planning Office recommends approval of the Sbarbaro Conditional Use for a 320 sq.ft. attached accessory dwelling unit with conditions. APPLICANT: Bonnie K. Sbarbaro. LOCATION: 101 East Francis Street, Lots H and I, Block 56, City and Townsite of Aspen. ZONING: R-6 Medium Density Residential. APPLICANT'S REQUEST: The applicant requests Conditional Use approval to build an accessory dwelling unit within a new residence pursuant to the housing mitigation requirements in Ordinance 1, Series 1990. The site contains an existing single family residence that will be removed to accommodate the new development. The studio accessory dwelling unit will be 320 sq.ft. and will be located on the second level of the structure. Please refer to application information, Exhibit "A". REFERRAL COMMENTS: Comments from the Engineering Department are included as Exhibit "B" and Housing Authority comments are included as Exhibit "C". STAFF COMMENTS: The Commission has the authority to review and approve development applications for conditional uses pursuant to the standards of Section 7-304: 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; and Response: The proposed dwelling unit has the potential to house local employees, which is in compliance with the Aspen Area Community Plan and the underlying 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; and Response: The accessory dwelling unit is compatible with the with character of the surrounding neighborhood, which consists of several neo-victorian homes, the Givin Institute and the Red Brick School. The unit will not be visible as a distinct unit from the exterior of the Sbarbaro residence. 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; and Response: The accessory dwelling unit will be completely contained within the proposed residence. Four parking spaces are provided on -site. No parking is required to be provided for the studio accessory dwelling unit. The principal residence will contain two bedrooms and an unfinished basement. The proposed ADU will have a covered exterior stairway for access. City Engineer, Chuck Roth has indicated that the applicant's proposed driveway does not meet City code requirements. Staff has made driveway compliance a condition of approval. As per past P&Z concerns, a recommended condition of approval requires that the unit be identified on building permit plans as a separate dwelling unit requiring compliance with U.B.C. Chapter 35 for sound attenuation. The applicant has proposed a roof design that will shed snow away from the ADU's exterior stairs. No other significant impacts are anticipated. 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; and Response: All public utilities are adequate and in place throughout the neighborhood and for the proposed residence and ADU. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Response: The applicant is donating the existing residence to the Aspen Winter Club to be used for affordable housing. This residence will be moved to another location for this use. The proposed ADU will satisfy the requirements of Ordinance 1 for a new single family residence. The applicant must file the appropriate deed restrictions for resident occupancy, including a six month minimum lease. Proof of recordation must be forwarded to the Planning Office prior to issuance of any building permits. 2 F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Community Plan and by all other applicable requirements of this chapter. Response: This use complies with the Aspen Area Comprehensive Plan and all other applicable conditional use standards. NOTE: As this accessory dwelling unit is 100% above grade, the main structure is eligible for a floor area bonus per Ordinance 1. STAFF RECOMMENDATION: Planning staff recommends approval of the Sbarbaro Conditional Use for a 320 sq.ft. studio accessory dwelling unit subject to the following conditions: 1. The owner shall submit appropriate deed restrictions to the Aspen/Pitkin County Housing Authority for approval. The accessory dwelling unit shall be deed restricted to resident occupancy with a minimum six month lease. Upon approval by the Housing Authority, the Owner shall record the deed restriction with the Pitkin County Clerk and Recorder's Office. 2. Prior to issuance of any building permits, a copy of the recorded deed restriction for the accessory dwelling unit must be forwarded to the Planning Office. 3. The accessory dwelling unit shall be clearly identified as a separate dwelling unit on building permit plans and shall comply with U.B.C. Chapter 35 sound attenuation requirements. 4. During building permit plan review, the Zoning Enforcement Officer shall make the final determination that the unit meets the minimum size requirement of 300 sq.ft. net liveable as defined in the Housing Authority Guidelines. The accessory dwelling unit cannot be less than 300 sq.ft. 5. The applicant shall revise the driveway to meet the requirements of Section 19-101 of the Code, prior to issuance of a building permit. 6. All material representations made by the 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 a 320 sq.ft. attached accessory dwelling unit for the Sbarbaro residence at 101 E. Francis with the conditions recommended in the Planning Office memo dated November 2, 1993." 3 Exhibits: "A" - Application Information "B" - Engineering referral memo "C" - Housing referral memo EXHIBIT "A" SBARBARO RESIDENCE 101 E. Francis Aspen, Colorado P.� LOCATION MAP v U MOunbtn VNw- r Snore, U qy RE Cce 4,y w� Sn sunnyCt To salt` 06 it Aspen InstMua 6 .i►P (t� QQQ"' s Musk ii T"" Y OI at Hallam i h'F"'•""'T, tie0�1iCo me Sr Lake ° H r H •f°W 1~ y�, 1y� R•d dt Aspen St. Er4 6nwppMr Mbr Rd Q r& A To MaroonA Lake 00 poh Q�,Rtr Francis St .................. .... ......... G-3-4 {. ,P _ • of STRYKER/ B ROWN ARCHITECTS, pc 300 S. Spring Street Aspen, Colorado 81611 925-2254 fax: 925-2258 Ab 1(= � ( -G) (( NORTH FAA SBARBARO RESIDENCE 101 E. Francis, Aspen, lots H+1, block 56 Attachment 4 Review Standards: Accessory Dwelling Unit Conditional Use Permit Application 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; and The Conditional Use, Accessory Dwelling Unit, is consistent with the Aspen Area Comprehensive Plan and the R-6 zone district. This ADU will provide potential resident housing within walking distance to mass transit (reduced auto impacts) and community services, enhancement of the West End pedestrian system, and promote Environmentally Sustainable Davelopment (energy efficient attached dwelling close to services), lifestyle diversity, in a structure designed to be compatible with the Historic resources of the West End. The ADU will provide about 400 sf of net liveable space in an "efficiency" configuration. The unit will comply with Housing Authority guidelines and the requirements of Ordinance 1. The Owner will probably rent the unit to a local resident in exchange for some light caretaking responsibilities. 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 ac— tivities in the immediate vicinity of. the parcel proposed for development; and The Conditional Use, Accessory Dwelling Unit is consistent and compatible with the character of the West End of Aspen, the immediatly adjacent pseudo/quasi-victorian homes, and the adjacent and surrounding uses (RedBrick School, Givin Institute). The ADU will not increase the mass or bulk of the Single Family House and the stairs to the unit is enclosed to reduce negative impacts of winter conditions. The new house will be MORE compatible with the neighborhood character than the existing house. C. The location, size, design and operating characteris—. tics of the proposed conditional• use minimizes adverse effects, including visual impacts, impacts on pedes— trian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and The ADU and principal residence of this structure will minimize visual, circulation, parking, trash and service, and noise impacts on surrounding properties. An off street parking space is to be provided for "storage" of a vehicle, however the location of the residence will allow pedestrian access to town, services, and Main Street bus routes. Trash will be contained within the garage which will be accessed from the side "garage' door by a keypad operator. 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; and There are existing utility services to a home on this site. The existing home is to be replaced with a new slightly larger home (3 bedrooms plus ADU new vs. existing 2 bedrooms). There are adequate public and municipal services to service this expansion. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and The existing home is being donated to a local non-profit (WinterClub) to be used for local affordable housing, and replaced with a new larger home including an ADU which together will more than meet the incremental generation of employee housing created by the expansion of the existing residence. (3 bedrooms plus ADU new vs. existing 2 bedrooms). F. The proposed conditional use complies with all addi— tional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable require— ments -of this chapter. The Conditional Use Accessory Dwelling Unit complies with all additional standards imposed by the Aspen Area Comprehensive Plan and other requirements of the Zoning code. 1 � A4,Pt-rat.-r hhlr4oL," P'rNUr 4v r epmHO -" p%vj51., wP• 4;71b►Nv [-A 4 TP-IM/ Gv�N�� Tp-M mr4paw 1WM po"K Tl-ox 9.1493 P// fir— Cato Building Elevatioi NORTH ELEVATION AZ. SOUTH ELEVATION -T, D. n, �JU� ' Y6 -vu MI tv' f'dl NT � MA�` IIIIVIII�Ii�ill!� SOUTH EAS Iti Iti 'j•, D• t�vY 1�� � l0 To ft, - - ✓il, 11p' o� T IJillI ! u I � I 111 i liil it 11 - I I IIII -; d• ��I�M�1N7 'I I I I III I IIII II i II\___ o�-rtrcN T 1TT SOUTH EAST ELEVATION 1.. I 7, V ld Ia EAST ELEVATION V�w�7 H'L• - P f � f7 pWt5L we SjVjr40 We, rAi�;PC+r TAXN61v 6444^N — Y !-/4 HCIF?4 — TF-+M =v" HIvH CGvAP-r-, R pvywe Pr'N>rV jo� i"qjo I I I W t IW/"+W / ro- - -ww WEST ELEVATION —1 �- r72+N PUEBLO CARDIOLOGY ASSOCIATES, P.C. CARDIOVASCULAR DISEASES Christlon Stlernholm, M.D., F.A.C.C. Jack A, Boerne►, M,D., F.A,C.C, James A. Sbarbaro, M.D., F.A.C.C. Jahn M. Stacnler, M.D., F.A.C.C, Stephen D. MacKcnow, M.D. 459 west 17th 1925 E, Orman, Suite A640 Pueblo, CO 81 OW Pueblo, CO 81004 (719) 644.3M3 (71G) .W-15dd September 21, 1993 Mr. David Brown c/o Stryker/Brown Architects Aspen, Colorado Dear Mr. Brown: This note is by way of formal confirmation of the fact that you are my representative for the purpose of placing an accessory dwelling unit in my new home in Aspen. Thank you very much. sincerely, t Jarneo ..A. '1Sbarbaro, M.D., F.A.C.C. /bkb o'clock ._A Recorded at ------�--- Reception No. Recorder RECORDING REQUESTED BY: WHEN RECORDED RM- RN TO: L. AN FHONY GREENBERG, AS TRUSTEE OF THE 1983 EDI TH G RFENBERG TRUST, a Califomia Inter Vivos Trust, as Granter(s), for TEN DOLLARS ($10.00) and otter good and valuable consideration, in hand paid, hereby sells and conveys to BONNIE K. SBARBARO, as Grantee(s), whose address is 329 Carlile Avenue, Pueblo, Colorado SAX9, the following real property in the County of Pitkin, State of Colorado; to wit: LOTS H AND I, BLOCK 56, crrY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN, STATE OF COLOMDO. with all its appurtenances and warrants title to the same SUBJECT TO AND EXCEPTING: 1. Taxes for the year 1993 due and payable in 1994 and all subsequent years not yet due or payable. 2. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 49 at Page 299 and Book 59 at Page 255 providing ac follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". Signed this day of April, 1993- L ./Ah1hoifTe&1 erg, as Trustee of the 1983 Edith Greenberg Trust, a California Inter Vivos Trust STATE OF CALIFORNIA ) -, i L`' ) SS. COUNTY O ��� �� 2 The foregoing General Warranty DoW was acknowledged before me this ^' day of April, 1993 by L. Anthony Greenberg, as Trustee of the 1983 Edith Greenberg Trust, a California Inter Vivos Trust. Witness my hand and official seal. My commission expires: �FA%�4 Notary Public O—AL i[µ HARRIET STARK tnjh\re\greenberg.gwd i "Dr 10i Mr am. era Aga & 04 EXHIBIT "B" MEMORANDUM To: Mary Lackner, Planning Office From: Chuck Roth, City Engineer C V---- Date: October 14, 1993 Re: Sbarbaro Conditional Use Review for Accessory Dwelling Unit Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Parking - The applicant has provided an on -site parking space for the accessory dwelling unit, therefore parking is not an issue. 2. Driveway - The driveway as shown does not meet the Code requirements of Section 19-101. The maximum width of a curb cut for a lot with 60'-0" frontage is 10'-0". The applicant is referred to that Code section for other curb cut design data, such as distance from corner and distance from adjacent driveway. 3. Development in the Public Right-of-way - Given the continuous problems of unapproved work and development in public rights -of -way, we advise the applicant as follows: The applicant shall consult city engineering (920-5080) for design considerations of development within public rights -of -way, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from city streets department (920-5130). The Pedestrian Walkway and Bikeway System Plan is the approved guideline for development in the public right-of-way between the private property line and the curb or edge of pavement. Approval of building permit plans does not constitute approval of design or work in the public right-of-way. cc: Bob Gish, Public Works Director M93.237 \D EXHIBIT "C" MEMORANDUM TO: Mary Lackner, Planning Office FROM: Cindy Christensen, Housing Office DATE: October 26, 1993 RE: SBARBARO CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT Parcel ID No. After reviewing the above -referenced application, the Housing Office approves the proposed attached accessory dwelling unit pursuant to Chapter 24, Section 5-510, of the City of Aspen Municipal 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 authority'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 employee or employees of his or her choosing in the accessory dwelling unit. Per the applicant's calculations, the accessory dwelling unit is to be 400 square feet, contain a bathroom, a kitchen, and have a private entrance, which meets the minimum Housing Office Guidelines. The floor area requirement is for net liveable square feet as defined by the Housing Office below: Net Liveable Square Footage is calculated on interior living area and is measured interior wall to interior wall, including all interior partitions including, but not limited to, habitable basements and Interior storage areas, closets and laundry area. Exclusions include, but are not limited to, uninhabitable basements, mechanical areas, exterior storage, stairwells, garages (either attached or detached), patios, decks and porches. The exact net liveable square footage will have to be calculated for the deed restriction. Prior to building permit approval, a signed and recorded Deed Restriction must be completed. This process could take from three to four days. The Housing Office must have the recorded book and page number prior to building permit approval. A copy of this form can be obtained from the Housing Office. \word\referral\sbarb.ref B,egress, sill+Z0 align sill heights b> Ceiling + 8' a carpet all rooms on second floor align sill heights EXERCISE ROOM 11 4'-0 W V-4' A 6.9 3/4' -21 4' C-41 50 x 6-8 sliding OP v r/s — — x x c handrails 1 �10 p'_ Hall t 106 -3' tz-11 1� "•9 1/2' °� r landing Privacy Lock DeadBolt, loc both sides es oo 6p ;- y X — — — — — — — — — — — N T-2 3/4' 7-5' Accessory BA7 Dwelling Unit I r/s —�— a 1 hour walls, Floor + Accoustical Batts in Walls g $ and Floor �sd 7 Kitchenette >7 I P- -��------------- V5 2-4 x 6-8 24' TB An Egress B K: sill+4'-6' sill + 7.6' q DN BATH 3 N I g ceiling smoke detector on ceiling in hall 1/0 gyp.bd. on 2x4 typ. x rn E do tv 2-6 x 6-8 Vaulted Ceiring, carnet this en re floor. tvo. MASTER B 1PROOM / A sill+2'-6' A& STRYKER/ BROWN Architects, PC 300 South Spring Street As en Colorado 925.2�54 fax: 925.2258 THORACIC PARK / Sbarbaro. Residence 101 E. Francis Aspen, Colorado �+ Surface mount Med.Cab& typ. R �, Io,2�o•93 sinks A sill+z-r N REVISED 19-�93'' v 3-31 4'-2 3/4' ; x n f °° uu SECOND FLOOR Shelves ecessed Soap Niches a PLAN Soap Dish 4-2' A 1 3-7 3/4' 6-7 1/2' sill+2-2' zo A 241th 24'th +IV m m +36' ;n--T-Tx� tl'i =-- ii�� Li Is --4- Al n4 X4 A CTF12 PUBLIC NOTICE RE: SBARBARO CONDITIONAL USE REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, November 2, 1993, at a meeting to begin at 4:30 pm before the Aspen Planning and Zoning Commission in the Second Floor Meeting Room, City Hall, 130 S. Galena Street, Aspen, Colorado, to consider an application submitted by James and Bonnie Sbarbaro, 101 E. Francis Street, Aspen requesting Conditional Use Review approval for a 400 square foot accessory dwelling unit to be located in the new residence at 101 East Francis Street. The property is more specifically described as Lots H and I, Block 56, City and Townsite of Aspen. For further information, contact Mary Lackner at the Aspen Pitkin Planning Office, 130 S. Galena St., Aspen, CO. 920- 5106. sf Bruce Kerr, Chairman Planning and Zoning Commission S TRYKER/ B ROWN A R C H I T E C T S, PC MEMO ............................................................................................................................................................ TO: Planning and Zoning Commission Mary Lackner, Aspen /Pitkin Planning Department FROM: D AVID BROWN DATE: November 1, 1993 RE: AFFIDAVIT OF PUBLIC NOTICING Sbarbaro Residence Accessory Dwelling Unit Conditional Use Review I have sent notice to neighbors and posted the site with a notice of the public meeting for the Sbarbaro Conditional Use Review per the "Attachment 5, Public Hearing Notice Requirements" issued by the Planning Department. 300 S OUT -I SPRING STREET, SUITE 300, ASPEN, COLORADo 81611 303.925.22,94 925.2258 (FAX) Vincent J. Higens President PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, 3RD FLOOR ASPEN, COLORADO 81611 303-925-1766 : 303-925-6527 FAX 300' OWNER'S LIST Christina Davis Vice President Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado, hereby certifies the following list is a current list of property owner's within three hundred feet of Lots H & I, Block 56, City and Townsite of Aspen, as obtained from the most current Pitkin County Assessors Tax Rolls, and updated to October 01, 1993. NAMES AND ADDRESSES TAX SCHEDULE NUMBER -------------------------------------------------------------------------- PLEASE REFER TO LIST ATTACHED HERETO AND MADE A PART HEREOF AUTHORIZED SIGNA E Attachment 5 Public Hearing Notice Requirements There are three' forms of notice required by the Aspen Land Use Regulations, these being notice by publication in the newspaper, notice by posting of the property and notice by mail to surrounding landowners. You can determine whether your application requires notice, and the type of notice it requires, from Table 1, which is attached to this summary. Following is a summary of the notice requirements, including identifying who is responsible for completing the notice. 1. Publication Publication of notice in a paper of general circulation in the City of Aspen is to be done at least 15 days prior to the hearing. The legal notice will be written by the Planning office Administrative Assistant and we will place the notice in the paper within the appropriate deadline. 2. Posting Posting of a sign in a conspicuous place on the property is to be done 10 days prior. to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the. Planning office, to fill it in correctly and to bring proof (preferably a photograph) to the hearing that posting took place. 3. Mailing Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Planning office, to mail it according to the following standards, and to bring proof to the hearing (in the form of a signed affidavit) that the mailing took place. Standards for notice shall be as follows: a. Any federal agency, state, county or municipal government service district or .quasi governmental agency that owns property within 300 feet of the subject property must be mailed notice 15 days prior to the hearing. b. All other landowners within 300 feet of the subject property must be mailed notice 10 days prior to the hearing, unless notice is given by hand delivery, in which case it must be sent 5 days prior to the hearing. C. Subdivision applications only also require notice by registered mail to all surface owners, mineral owners and lessees of mineral owners of the subject property. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty days prior to the date of public hearing. JULIE WYCKOFF bniT K, WYCKOFF CARLEY 134 WEST HOPKINS AVENUE ASPEN CO 81611 KLL COMPANY P.O. BOX 3129 ASPEN CO 81612 MARIA SEGALL 101 E. HALLAM STREET ASPEN CO 81611 PAUL A. FABRY 1127 BOURBON STREET NEW ORLEANS LA 70116 REGENTS OF THE UNIVERSITY OF COLO. GIVEN INSTITUTE OF PATHOLOGY 100 E. FRANCIS STREET ASPEN CO 81611 RICHARD B. JOHNSON MONTAE IMBT 6820 BRADBURY DALLAS TX 75230 STEVEN E. TISCH PATRICIA K. TISCH 14454 SUNSET BLVD. PACIFIC PALISADE CA 90272 THOMAS E. CONGDON NOEL R. CONGDON 1010 DENVER BUILDING DENVER CO 80203 WALTER P. PAEPCKE C/O HOLLAND & HART 600 E. MAIN STREET ASPEN CO 81611 WILLIAM R. MANCLARK DARLEEN J. MANCLARK 313 E. BAY FRONT BALBOA ISLAND CA 92662 LOTS K, L, M & N, BLOCK 56 LOT A, W 4.86' LOT B, BLOCK 65 LOTS A & W/2 LOT B, BLOCK 56 METES AND BOUNDS LOT D, E 22' LOT C, W 7' LOT E, BLOCK 65 LOTS 0, P, Q, R & S, BLOCK 56 LOTS R & S, BLOCK 48 LOTS K & W1/2 LOT L, BLOCK 55 E1/2 LOT L, ALL LOT M, BLOCK 55 ASPEN SCHOOL DISinICT RE-1 BUSINESS OFFICE 0235 HIGH SCHOOL ROAD ASPEN CO 81611 ASPEN SCHOOL DISTRICT RE-1 BUSINESS OFFICE 0235 HIGH SCHOOL ROAD ASPEN CO 81611 CLARENCE 0. QUAM, AS TRUSTEE HILDUR ANDERSON, AS SUCCESSOR TRUSTEE P.O. BOX 554 ASPEN CO 81612 DONALD PAUL KRUMM P.O. BOX 874 ASPEN CO 81612 ELIZABETH H. PAEPCKE C/O HOLLAND & HART 600 E. MAIN STREET ASPEN CO 81611 F. GEORGE ROBINSON P.O. BOX 5243 DENVER CO 80217 GEORGE A. VICENZI P.O. BOX 2238 ASPEN CO 81612 JAMES V. REDD LOUIS N. SCHOLNIK 1901 NW 62ND STREET, #415 FORT LAUDERDALE FL 33309 JERALD M. BARNETT 1000 N. STATION STREET UNIT 514 PORT ARANSAS TX 78373 JUDITH ANN BILLINGS P.O. BOX 12315 ASPEN CO 81612 L,j1S A - I, K - S, BLOCK 57 LOTS A - I, K - S, BLOCK 64 E1/2 LOT B, ALL OF LOTS C, D & E, BLOCK 56 LOTS B & C, BLOCK 65 LOTS A - I, BLOCK 55 LOTS Q, R & S, BLOCK 49 LOTS F, G, H & I, BLOCK 49 LOTS F & G, BLOCK 56 LOTS N, 0 & P, PART OF LOT M BLOCK 55 UNIT L, WYCKOFF CARLEY November 10, 1993 Mr. David Brown Stryker Brown Architects 300 South Spring Street, Suite 300 Aspen, Colorado 81611 Dear David, ASPEN • PITKIN PLANNING & ZONING DEPARTMENT I misspoke to you last Tuesday. I had indicated to you that staff would consider accepting payment -in -lieu then refunding the money if and when an accessory dwelling unit was approved. That is not a practice this Department is going to start. Applicants are advised to make a decision, money or dwelling unit, and proceed. There are administrative costs with refunding- money and liability concerns when permits are issued before final approvals. I understand that, based upon my advise, your client has just paid the cash -in -lieu and an excavation/foundation permit has been issued., If the ADU is approved at the November 16, 1993 P&Z meeting, we will refund the cash -in -lieu after we have determined that the check has cleared. If the ADU is approved there will be an additional park dedication fee for 'that, unit, I suggest we deduct that from the money that will be refunded. Finally, Bill Drueding still, needs revised plans that incorporate the ADU. Until he signs -off on those plans no other permits will be issued. I am sorry for this confusion. As a staff we have finally determined that accepting and refunding payments -in -lieu is not a policy we will consider at this time. Sincerely, Leslie Lamont, Senior Planner cc: Diane Moore, City Planning Director Bill Drueding, Zoning Officer 130 SOUTH GALENA STREET • ASPEN, COLORADO 81611 • PHONE 303.920.5090 • FAx 303.920.5197 Printed w wydea war MESSAGE DISPLAY TO Mary Lackner CC Diane Moore From: John Worcester Postmark: Nov 02,93 10:49 AM Status: Previously read Subject: Sbarbaro Conditional Use Review ------------------------------------------------------------------------------ Message: In reading the P&Z material I noticed that the residence is owned by Bonnie but the authorization for representation is signed by James Sbarbaro. Has she consented to this? HC,v 04 93 07 07 Ah-� r-� � � ice' �L 0► . � M.d11'�'� 1164 9 - O"M !151A Seyteuttr U. 3.9'!3 0/0 stxfAor am* ,, t*lc c ITV • 4 � '� i vear xr. Brown: ,Mix note iG bY � of for tt�i� of than ��c� that YOU�p1'/s�@ACAL vet t*x oo a ofeze d"*121SQ Uat Iu Wi dew 3 vttwik YOU VeZY �►sCh. �1 _ ; '3 D�qr M.D. i *.A-C��• A*b �• ri ram•, ';j S TRYKER/ B ROWN ARC H I T E C T S, PC SBARBARO RESIDENCE,101 E. Francis, Aspen lots H+I, block 56 Accessory Dwelling Unit Conditional Use Permit Application ............................................................................................................................................................ TO: Leslie Lamont, Aspen Pitkin Planning Department FROM: David Brown, AIA DATE: 9.20.93 ............................................................................................................................................................ Please find plans (attachment 3) attached for the Sbarbaro Residence which includes a proposed Accessory Dwelling Unit. Also attached are Attachement 1 (1. application form), Attachements 2 (1. Applicant's address and authorization of agency for representative; 2. Address and legal description, above; 3. Copy of Ownership Deed 4. Vicinity map 5. Written description of the proposal and how it complies with the review standard, i.e.: Attachment 4 The net usable area for the proposed unit is 400 sf. The unit is below grade and no additional bonus FAR is being applied for. Please let me know if you need additional information, the scheduled date for P+Z review, and when the Posting Notice is ready for pickup. 300 SOUTH SPRING STREET SUITE 300, ASPEN, COLORADO 81611 303.925.22,94 925.2258 (FAX) 7 / ,-), C), / �; CITY OF ASPEN / PRE -APPLICATION gONFERENCE SUMMARY `� PROJECT: <i C,7 / APPLICANT'S REPRESENTATIVE: REPRESENTATIVE'S PHONE: S OWNER'S NAME: SUMMARY C 1. Type of Application: l7 �1c1,1 L-A�y�,0 7--�L 2. Describe action/type of development being request d:_ , ��� - � -0sz Ct-� 1, ,� /� �V A n 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments 4. 5. 6. 7. 8. 9. Review (P&Z Onl ) (CC Only) (P&Z then to CC) Public Hearing: (YES) (NO) Number of copies of the application to be submitted: What fee was applicant requested to submit: `,�,� i Anticipated date of submission: COMMENTS/UNIQUE CONCERNS: frm.pre app U N c 0 To a /s.aft To Maroon Lake A Ct �r Aapen InetAuts ¢ C S Music Tom 9 Q Tent OIUd NAY SBARBARO RESIDENCE 101 E. Francis Aspen, Colorado LOCATION MAP H.,Ilam T Lake n t b `peek Hunbr � V S �-�Vlne Sf g � 9 � Rip St Smuppbr Mtn Rd Aspen m � Pk � STRYKER/ B ROWN ARCHITECTS, pc 300 S. Spring Street Aspen, Colorado 81611 925-2254 fax: 925-2258 Q__^ Q— aq, a,nelyn �� 7_d EXERCISE A„ROOM< � I fA.04aQara 1 ei�. S-0aEE f6aG m+�o,a nm y 0 o Ir1 q*bd m 294" b Ja 9 R Gy Aoote.�. Ilan Hall "•"'" A, Lock 6 and CM ade. / w.em c. / S m t•„Wme ntw. nom, Nc ® MASTER BROOM s - -/ - R — — -- — — 1'23W lS / / Accessory Dwelling Unit o / v �o , t.'w4FW Wel. Y 1 00, 4 ♦e� / �Y'4 rtare. am „muaxtlBma'n Me6Cab. tp. ptchenette—� IHis* / CIOSee / sinks e < .� . t/Bi 1 0.1 J/ i IT � C' N, - ------- - - - - -- IHer Zl1B. I 1'O.eq SOWDd z? A '64? .glitz sa, K .N T r a d—.d awn am Ep�.aB .I Nth .ON .3C e mtno BATH 3 MASTER BATH s mimo NORTH STRYKER/ BROWN Architects, PC 300 South Spring Street Aspen, Colorado 925.2254 fax: 925.2258 THORACIC PARK Sbarbaro. Residence 101 E. Francis Aspen, Colorado to, Z(O. 93 REVISED 18:14.93- 11 SECOND FLOOR PLAN Al m4 SEP-21-1993 16:11 FROM PUEBLO CARDIOLOGY ASSOC TO r.UZ PUEBLO CARDIOLOGY AWOCIATESo P.G. CARDIOVASCULAR DISEASE$ Christian Stternhokr, M.D., F.A.C.C. Jack A. Boarner, M.D., F,A,C.C. Jdrr*s A. Sbarbaro, M.D., F.A.C.C. John M. StacNer, M D., F.A.C.C. Stephen 0, MacKarrow, M.D. 459 West 17th 1926 E. Orman, Suite A640 Pueblo, CO 81003 Pueblo, CO 81004 (719) 644.3663 (719) W.15" September 21, 1993 Mr. David Brown c/o Stryker/Brown Architects Aspen, Colorado Dear Mr. Brown: This note is by way of formal confirmation of the fact that you are my representative for the purpose of placing an accessory dwelling unit in my new home in Aspen. Thank you very much. Sincerely, Jarre3 A. ', barbaro, M.D., F.A.C.C. /bkb F—d— -db E.— W" C. ..WWI. P.0 P. =10 TT d SO 71 TypdIa,anp Unfinished Basement W I ff 7bd Seww Coaft Rim I Pwwd C-98 Will$ .d Ir 10 'W� Type, M� I ws ADU Bath Accessory DU Bath Accessory G—p b— Dwelling unit 4 7'T b— pp. , 1 Kitchenette Mechanical Bedroom jj4 + 2,V ft, OH 30M STRYKER/ BROWN Architects, PC 300 South Spring Street Aspen Colorado U2254 925.2258 THORACIC PARK S� arbaro Residence 1011 E. Francis Aspen, Colorado 1 9.493 1116" = V-0" Accessory Uwelling nit Pasement lan 1.2B t— W 4'KF JMb+awao¢ ti N �KQ s — 7r— — — --- Ar I I .I"�►ww Mal /•' I I I'(4 fT 1? Ya')F--TV `-7r�� 1 ae,t Nfa ,. �iN•Ir I PATIO I °'""r'. — LIVING I� I I I >4 10/O• r wM i / rar _ „ - ��-�Jr, \ .`�."-•rya w w"aTr %oi . PORCH .ye.µ •ra aW.eOn.+,,arar t— DINING 1— I�:loa Fm eFI� aFt- i a rr I. aw I WOW Ij I O — I tJT.,f �,Y ,t• I •�, 71 I v I ll-aErr�v,tr I I 42 I�iud Laundry I HalldW a- �«rs u...E.. SUN ROO fl, !li I�!,,..� ,.�., KITCHEN 00 SITTING Fm,D, GARAGE bench ti aamFr. pEr-a.r,... Y, I � Tyr I rv. WwM � � • I � Bikes 11 I II 'c . 7 � f� f ems+ r Jn,rwe� /lr �, io•c ;j u v � v "rlrTvnwr r r�er. wr► 'I w.r�.r��r I , I --ro =iii rr+rr w ,..rJ. — E•t r�i E.—� rj Iw" Y' I Ari V - ` _� 1 ` \ /ODr-per `cam i I I 100 31 I PATIO _ I I —,DINING Lx y I/ � Etb�w�bE I I SUN ROO sJ KITCHEN 00 SITTING � I I . q ,C j VI bl 61I"ry Ir ru.YY MrI �� � I i �..,... NORTH UP • Mwe w r Tq.I - = �10-0 16 ���. 00e�E i - Loq` ►- '-- -_ - -_ - h rTl-- -12"fv �q'v — - - - sr^w r ci;W T P. S R As 7 �H'v .q e WO SIbINv /- &I NW i AtiPI-fi1.-r hr�INv1,�y /-771z, vi%,::r-r r-,,*-rrvr cvt 4miH0 -V i ��v�'i., w�• ��biNv I x 4 TP-IM _=-= WINt�aw TI'iN� � t�otc TIW►� COYEMO 0 - M. F=Tmrm "M No M as . , . NMI Ulm WIN 1 WIM iu�i���ii ---------_L----------- i---------- --,------------------------.�. NORTH ELEVATION Building Elevation A2sl I I I I II 1- 1------------L,------------�- SOUTH ELEVATION MI r - rvl t`'T I tom% lul SOUTH EAS] N tt � :..�r�,G.�.•.• All II' ■ ms s _;: ��� i�[Ili�;liigii = =loll©Ilollollallol � _ u - I - - �.d• P�P�YM1iNT �i I ^� iiii.n.ii •. III � I I II I IIII II 1��= I I I IIII II I I I II I IIII II I�I� r -rr-r —W11Nap av-r✓'Nn Fvv(,pAn SOUTH EAST ELEVATION Ell m Mmm� PA 0 bag I I o, ew I Iuo, � I I� I i �k-�w �vl�7ti i iI I�J = — — — — —� — — — — --- Tll i EAST ELEVATION F:H PA H 1c; H &Lww FZNl V.0 � Aw. i t iti . �P►Nvy c Y _--- 1 �- Zwr►� L1LJI - ----• W I H Pcw wC i t WEST ELEVATION t�o"tx-q 1�svNv, . f�,-- RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING CONDITIONAL USE APPROVAL FOR AN ATTACHED ACCESSORY DWELLING UNIT WITHIN A SINGLE FAMILY RESIDENCE AT 101 EAST FRANCIS STREET (BLOCK 56, LOTS H AND I, CITY AND TOWNSITE OF ASPEN) FOR BONNIE SBARBARO Resolution No. 93-a& WHEREAS, pursuant to Section 24-5-510 of the Aspen Land Use Regulations accessory dwelling units may be approved by the Planning and Zoning Commission as conditional uses in conformance with the requirements of this Section; and WHEREAS, the Planning Office received an application from Bonnie Sbarbaro, represented by David Brown, for a Conditional Use review for an approximately 320 sq.ft. accessory dwelling unit within the second floor of the proposed single family residence; and WHEREAS, the new single family residence is replacing an existing residence on the parcel and the accessory dwelling unit is being provided as affordable housing mitigation as required by Ordinance 1, Series 1990; and WHEREAS, the proposed unit is 100% above grade, therefore the site is eligible for an FAR bonus pursuant to Section 24-3-101; and WHEREAS, a public hearing was conducted on November 16, 1993 at a regular meeting of the Aspen Planning and Zoning Commission in which the Commission considered the applicant's request and voted 5-0 for approval with conditions. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Sbarbaro Conditional Use for an approximately 320 sq.ft. net livable accessory dwelling unit is approved, subject to the following conditions: 1. The owner shall submit appropriate deed restrictions to the Aspen/Pitkin County Housing Authority for approval. The accessory dwelling unit shall be deed restricted to resident occupancy with a minimum six month lease. Upon approval by the Housing Authority, the Owner shall record the deed restriction with the Pitkin County Clerk and Recorder's Office. 2. Prior to the issuance of any building permits, 4 copy of the recorded deed restriction for the accessory dwelling unit must be forwarded to the Planning Office. 3. The accessory dwelling unit shall be clearly identified as a separate dwelling unit on the building permit plans and shall comply with with U.B.C. Chapter 35 sound attenuation requirements. Resolution #93-_ Page 2 4. During building permit plan review, the Zoning Enforcement Officer shall make the final determination that the unit meets the minimum size requirement of 300 net livable square feet as defined in the Housing Authority Guidelines. The accessory dwelling unit cannot be less than 300 sq.ft. 5. The applicant shall revise the driveway to meet the requirements of Section 19-101 of the Aspen Code, prior to issuance of a building permit. 6. All material representations made by the 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. APPROVED by the Commission at its regular meeting on November 16, 1993. Attest: Planning and Zoning mmission: co i 6y-- Jan;Carney, W. Bruce Kerr, DePiuty City C1 rk Chair SEP-21-1993 16:11 FROM PUEBLO CARDIOLOGY ASSOC TO 13039252255 P.03 L. BILL OI' 871I.S ANTHONY GR,EENBERG, AS TRUSTEE OF THE 1983 EDITH GREENBERG TRUST, a California Inter Vivos Trust, for TEN DOLLARS ($10.00) and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged and confessed, has bargained and sold and by these presents does transfer, grant, convey, and ar:Fign to Bonnie R. Sbarbaro, her heirs, representatives, successors and assigns, the following goads and chattels to wit. - AS PER THE INVFNTORY T.TSTP.n CN EXHTRIT "A" ATTACHED HERETO Said goodr, and chhattelg are located in Aspen, Colorado, at 101 West Francis Street. The undersigned does covenant with Bonnie X. Sarbaro to warrant and defend the sale of said goods and chattels against all persons whomsoever. Signed this day of April., 1993. L. y reenberg, as Trustee of the L1983 Edith Greenberg Trust, a California Inter Vivoe Trust ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 FAX# (303) 920-5197 September 29, 1993 David Brown Stryker/brown Architects 300 South Spring St., Suite 300 Aspen, CO 81611 Re: Sbarbaro Conditional Use Review Case A54-93 Dear David, The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for review at a public hearing by the Aspen Planning and Zoning Commission on Tuesday, November 2, 1993 at a meeting to begin at 4:30 p.m. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to mailing notice to property owners within 300' and to post the subject property with a sign. Please submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the hearing. If you have any questions, please call Mary Lackner the planner assigned to your case. Sincerely, Debbie DuBord Office Manager ASPENTITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5197 MEMORANDUM TO: City Engineer Housing Director FROM: Mary Lackner, Planning Office RE: Sbarbaro Conditional Use Review for an Accessory Dwelling Unit DATE: September 29, 1993 Attached for your review and comments is an application submitted by James Sbarbaro requesting Conditional Use Review approval for an Accessory Dwelling Unit. Please return your comments to me no later than October 13, 1993. Thank you. o'clock _•M. Rccorded at -- Reception No. RECORDING REQUESTED BY: WHEN RECORDED R1 TURN TO* Recorder or,�jRAI._WA—R& �N--DD L. AN 1HC1I`'2' GREcNBEk.G, AS TRUSTECfO � � D�LLARS93 �lO 00) and other TRUST, a California Inter `Jig cs Trust, as Crantcr�s), goodand vsluahle consideration, in hand paid, herebv sells and conveys to BONNIE K. SBARBARO, as Grantee('), whose address is 329 Carlile Avenue, Pueblo, Colorado iilt�'U4, the following real propeily in the County of Pitkin, State of Colorado; to wit: LOTS H AND I, BLOCK 56, CITY ,AND TOWNSITE OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO, with all its appurtenances and warrants title 10 the same SUBJECT TO AND EXCEFTING: 1. Taxes for the year 1993 due and payable in 1994 and all subsequent years not yet due or payable. 2. Reservations and exceptions as set forth in the Deed from the City of Aspen rccordcd in Book 49 at page 298 and Bc+ok 59 at Page 255 providing az follows: "That no He shall be hereby acquired to any mire of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". tI - Signed this -� day of April, 1993. L �Attthotiy'�ieen �gg-,ass Trustee of the 1983 Edith Greenberg Trust, a California Inter Yivos Trust STATE OF CALIFORNIA ) COUNTY The foregoing General W ar-anty Deal was acknowledged before me this Y day of April, 1993 by L. Anthony Greenberg, as Trustee of the 1983 Edith Greenberg Trust, a California Inter Yivos Trust. Witness my hand and official seal. My commission expires: Notary Public m ��',re ��.reenberg•�wd HARRIET STARK � r� #`MMY P MIXtA II, lOS At MJM W-fArr *b coon►. W'. ow. t 04 Record and Return tos Chase Manhattan personal 1900 Corporate Blvd., NW, Boca Raton, FL 33431 Title Order f PCT-7418C5 t.nan f 314163-2 Financial Services, Inc. Suite 1.10 _.. __ trpeep A.bo" This un* rw rvcrx inp vxwi DEED OF TRUST THIS DEED OF TRUST ("Security Irstrument") is trade oa APRIL 15 1443 ,asnongthe grantor, BCN'aIE K. $BARBARO ("Borrcrver'), the Public Trustee of PITXIN County ("Trustee"), and the bencfiriary, CHASE MANVATTAN PFPSOivAL FINANCIAL SERVICES, INC- , which is organized and existing under the Saws of Aolaware , and whose address is 201 North Mill Street, Suite 103, ASPPN, CO 821;11 ("%.eider'). Borrower owes Lendcr the principal gum of FIVE HUNDRED FIF:Y THOUSAND AND N01100 Dollars (U.S. S 550, 000.00 ). This debt is evidenced by Borrower's note dated the same date at, duns Security instrument ('Note'), which providt'c for monthly payments, with the full debt, if not paid earlier, due and payable on MAY 1, 2008 . This Security Instrument secures to Lender: (a) the repayiuetit of 01e debt eAdcuced by Uw Note, tYi:h interest, lurid all renewals, extensions and mod, cations of the tho pAyinent of all other sums, with interest, advanceA irndf-r parngrnph 7 to Protect the security of this Security Instrument; and (c) the perforwante of Borrower's covenants and agreerirnts under this Sectuity Instrument Bed the Note. For this purpose, Borrower, in consideration of the debt and the trust herein eteated, irrevocably grants and conveys to Trustee, in trus!, r ith power of sale, the following described property located in PITKIN County, Colorado: LOTS H AND 1, RLOCK 56, CT7Y VTI TOWNSITE OF APSF.N, COUNTY OF PITKZN, STATE OF COLORADO. which has the address of 1,01 WEST FRANCIAS 57FtEET tstrwI Colorado 81611 ("Property Address"); MP Cod*) ASPEN TOGETT•iER VV-1TH all the improvements now or hereafter erected on the property, and a' encementt, appurtenances, and fixtures now or berrafter a past of the property. AH replacements acid additioms shall also be wyered by this Security Itastr=ent. AL of the foregoing is referred to in this Security Instrument as the 'Property." BORROWS,R COVENAN75 that Borrower is;awfOy seised of ;bc cgate ht,reby conveyrd and has the ri&bt io grant and convev the P operty and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend gencfsVy the Ede to the Property agaima :ill claitus and demands, suhject to any ofrecord. THIS SFCURiTY INSTFU:utEiN'T combines uniform cov-nannts for artional tee and non -uniform cr,,_r,sts s�1tn limm-ited vane;ions by jtuisr'ic,,ion to eor_stitute a uniform security instrument covering real property. O�ORAC?(,1—Sinp�e Fsm;'ry- Fann4a M8f,/"rW1d4 Mae UNTrOtIM INSMU3,F£h'T Form 30M SBARBARO RESIDENCE 101 E. Francis, Aspen, lots H+I, block 56 Attachment 4 Review Standards: Accessory Dwelling Unit Conditional Use Permit Application 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; and The Conditional Use, Accessory Dwelling Unit, is consistent with the Aspen Area Comprehensive Plan and the R-6 zone district. This ADU will provide potential resident housing within walking distance to mass transit (reduced auto impacts) and community services, enhancement of the West End pedestrian system, and promote Environmentally Sustainable Development (energy efficient attached dwelling close to services), lifestyle diversity, in a structure designed to be compatible with the Historic resources of the West End. The ADU will provide about 400 sf of net liveable space in an "efficiency" configuration. The unit will comply with Housing Authority guidelines and the requirements of Ordinance 1. The Owner will probably rent the unit to a local resident in exchange for some light caretaking responsibilities. 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 ac— tivities in the immediate vicinity of. the parcel proposed for development; and The Conditional Use, Accessory Dwelling Unit is consistent and compatible with the character of the West End of Aspen, the immediatly adjacent pseudo/quasi-victorian homes, and the adjacent and surrounding uses (RedBrick School, Givin Institute). The ADU will not increase the mass or bulk of the Single Family House and the stairs to the unit is enclosed to reduce negative impacts of winter conditions. The new house will be MORE compatible with the neighborhood character than the existing house. C. The location, size, design and operating characteris— tics of the proposed conditional• use minimizes adverse effects, including visual impacts, impacts on pedes— trian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and The ADU and principal residence of this structure will minimize visual, circulation, parking, trash and service, and noise impacts on surrounding properties. An off street parking space is to be provided for "storage" of a vehicle, however the location of the residence will allow pedestrian access to town, services, and Main Street bus routes. Trash will be contained within the garage which will be accessed from the side "garage" door by a keypad operator. 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; and There are existing utility services to a home on this site. The existing home is to be replaced with a new slightly larger home (3 bedrooms plus ADU new vs. existing 2 bedrooms). There are adequate public and municipal services to service this expansion. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and The existing home is being donated to a local non-profit (WinterClub) to be used for local affordable housing, and replaced with a new larger home including an ADU which together will more than meet the incremental generation of employee housing created by the expansion of the existing residence. (3 bedrooms plus ADU new vs. existing 2 bedrooms). F. The proposed conditional use complies with all addi— tional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable require— ments -of this chapter. The Conditional Use Accessory Dwelling Unit complies with all additional standards imposer Aspen Area Comprehensive Plan and other requirements of the Zoning code. UNIFORM COVENANT: RG'rrt*wer anc L.enc1rr �•nd L v. rVt- rmtnt and I�Ee Cha tSU1 )'*'et shalt Ns v,npxlr f s++- v, hen due the f hr+nras of ar- • • 1. payment of Principal and Interest; preps. on the debt'videnmt by the Note and any s•,ayment and )ate charg--c due under the Note. r, Botrcwcr than pay to Lender on the day 2, funds for Taxes and Insurance. S t to applicable law or to a aritten waiver by I attain monthi7 puvments are due under the `tote, until the Note is paidbi'tvf�, alCasehold Faynnents or ground tens on tht Froopcetyw`u�Y (cl )tacit priority over this Security In%irurnent as alien on thy. property: ( ) , mot a insurance premiums, if aP.r^, and (f) ha•d or property insurance premiums; (d) yearly flood insurr+nct prerrium-t, if cry, (e} )earl)' >?�B any •u+r+a peyeble t'Y pt,rrcwer to I.erdcc, in accordance, a^:,h tee n rovoimcncoSeciB kn�atd 1'undsein nnof �amouncrno ttn*sc ed the rnuimurn premiums. These items are called'lrscrow items.' Lender n.aY, yunt under the federal amount a lender for a federa-lty related m foe to time, may require C i 26or Bo q (erRE.SP�. acco 4 e-nother law that appbccslto the FIce undsc c 5n3 procedurm Act of 1974 as ar may, a froth t m teeter amount, If av, L.endei may, at any tins, collect and hole FundF in an arnr,unt no: to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of nrrrent data and reasonabie ectimste.� of expenditures of future Escrow Items Or othcrwtce nn accordance with applicable law.aff, or ent; (includingLender, if The Funds shall vtOr ist any Fcdetal Home Loan Bank.cLendcr haL appl%, the Fu as v paythel;arrow I em.e Lcnder may not Lender is sach an institution) thargc Borrower fOr holding and applying the runds, Vlntisih' anah"Ag the esa(-' acrnunt or verifying the Escrow Items unites bender pays Borrower interest on the Funds and applicable la%v pe.rcpn rti.end9^1 m> -d w Inid•rgin orrectooni he this may uunlessire o applicable Iaw one-time thargc for an tnceperdent rear catate' tax 1CpO be provides otherwise. Unless an ageemay Borrowc, ent is made or Applicable 12w requires 4c �xrncrestaws pa h t Under the -'I l be aid on the Funds. Lender any interest or ea;ttittgs on the Funds Borrower and Lender may age-. slTa11 give to rorrcmvor, t athouadeA The An annual eapledged as addict u -f, sh�ity jo 811 itman deed by trL Sccvcit7 I,ut�ucuent. iCr which each debit to the Funds was m a' iicable law•, Lender shall O=Ount to Borrvwcr for the rxcecs If the Funds held by Lender exceed the amot+n e p�rriiteci to De held by r`F Funds in accordance with the requirements of applicable laK'- :f the amount of the Funds held by Lcnder at arty dyne is not sufficient to pay the Escrow Items when due, Lender rn c u the6definency in no more than %utwelve monthly payments, at Lcnder s sole discretion ��3ry to make up the der)ciency..Bor-TOwer &} a,1 p Upon payment in full of g1 slims secured by this Securin Instrument Lender shall promptly refund to Borrower arty Funds held b}' Lender. If, under pazagreph 21, LendC] alsail acquzn: cr oc}1 the Prettily, Lender, prior to the avgttisition or sate Of the Property, shall apply any Funds held by lender at the time of acquisition or sale z;s a edit agauict the sums secured by this SecuJity Instrument 3. Application of Payments, l.;nitxs applicable ;aw provides otherwise, all payments received tryLrndcr under paragraphs I and 2 shall be epplied: first, to ar►y prepayment charges due under the Note, send, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due ander the Note. �, CLrttRes; agcrsarients, charges. fines and impositions attnbutable to the Property which may attain Liens. Borrower sltali pay zz1 taxes,all pay priority e,.er this Security Instrument, and leasehold paytrrents or ground tirrn d'u rtif any, ? to the prrsor. oered p rnem` Borroutcash lI provided in paragraph 2, or if no; pair in that manner, —Borrower shall. pay promptly furnish to Lender al; noti:Gs of arnoun'e to be paid under this paragraph. If Borrower makes th^-sc payments direntY, Borrower shall promptly furnish to I.ender receipts tnidcrcing the payments- Borrower shall promptly discharge. am• ucn which ls�s priori:)• a+� chic Security Iristn mettz u+nit^ts BorroV'cr. (a) agtcec in writ'rig to the payment Of the obligation secu.rcd by the lien i1r a na they acceptable to Lender; (b) corntests in good faith the lien by, or defends against he lien; or (cj secures from enforcement of the lien in, legal proc:cdings which. in the Lenders opinion operate t", prevent the enforcement of t The hnider of the Gen an agreement satisfactory to Lrndcr subordinating the lien to this Security Instrument. If Under determines that any part of the Property' is subject to a lien w?uch may attain prio,�ty cn'er this Secunty Instrumert, Vender may tivc norrowcr a notice idcntit ing the lien. Borrower shall satisfy the lien or take, ore or, ore of the actions ?ct forth a''rn' iri;hin l� days of the giving of notice. S. Hazard or Property Insuranct. Borrower small keep the i.^tpmvcments now costing or hereafter -eaed on the Property insured tti;tsi:� list tc..m 'x=cr,dcd cmerage" and arty other hwurdt, including flnM,4 or floodine. for which Lender against iOsa Dy Flfe, hszptcls Included requires insurance, This insurance shall be mxintaincd in the amounts utd for the periais that Lender rcquires. 'I?re insurSttGe tamer providing the insurance shall be chosen by Borrcrxer v jeci to Lender's approval Which shall not be unrcuonabh• withheld. If Sormwer Will to maintuirt coverage drsrn'hed ahrn'e, Lender m.,,)-, at Lender's option, obtain coverage to protect Lenders nghts in the PtOperty in accordance with paragraph 7. • , lat:sc. Lender shall have the r ht All insurance policies and renewals Shall be a�c`it4bie to Lender and shall include a s.andard mortgage $ to hold the policies 9,1d renewals. If Lender :cgviMf,, Borrower shall rrrornpth give to Lender all receipts of paid premiums and renewal Bor r)sc rarvrs shall give prompt notice it) the :nsurvrnce usnic: turd Le notices. In the event of lcider. LenCtr may make proof of loss if not made promptly by Borrower. Unless Lender and Bortowcr othnrvite_ apee in writing. inntrance proceeds shall bc• applied to restoration or repair of the Property darneged, if the. restoration or r4rt'7air it econ.ornica]?}• fpasihle and Lender's security is not lessened. If the restoration or repair is not econorrictQf frssible or Lender's security would lee let tered. the insurance proceeds shall be applied to the Burns secured by this Security Instrument, whether or not then due, wits any excem paid to Borrower. If B<•rrowcr abAntions the Propert}, car dote not ati�.+er +vithin 3rJ days a notice from Lender thgt the insurance carrier has offered to settle a claim, then Lender may collect the insurance ptocecce%. Lender may use the pi-mveds to repair or restore the Property or to pay sums sccurcC t*y t1+ss Se-ctinry Instrument, wliethet• or trot then due. The 30-d3y perlod will begin when the notice is given. Unless Lender and Borrower otnerwrsr sgr'r.0 in 47i:ing, arty application of proceeds to principal shall not extend or postix�ne the due date of the monthly payments referred to in para�y. aphs i and 2 or change the amount t•f :he rpa "entc Tf under rarAgraph 21 the Property is acquired by Lander, Borrower's right to any insurance policies and proceeds rveti!ii:tg from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sur:s rwc,:ttd :rr this Security Instrurrer,t immediately prior to the s:quisition. 6. ocrupanc'y, Preservation, Malaterranee and Protectlon e the Properlyt Borrower'F Loan Application; i..taseboids. Borrower shall omupy, establish, and use the Property as Bo-rc Nv^rs pr'in^ipal residence witrun stMy days after the execution of this Security Instrument and shall continue to occupy the Froperry as Borrower's principal residence for ar lean o*tc year after the date of occupancy, unless Lender otherwise agrees in %Tiling, which consent !QinL not bP at,reasonabiy u•itlthe_ld, Or t nie4 extenuating ciircumstancts e st which are beyond Bonowceek Control. Borrower 4hall r.ot ee4tro,•, dafrrage or Lrnp^%if the property, alloo, the Property to deteriorate. or rornrrut wane on the Property. Borrower shall be in default if any lodeitute action or proceeding, whether civil. or criminal, is begun that in Lenders guod faith Judgment could result in forfeiture of the Property- or othtririse materi" impair the lien created by this Sectrity Irvtrumrnt or Lender's security interest, Borrower may cure such a default and rei=fitt, as prrnided in paragraph 18, by Musing the action or proceeding to be dismissed with a ruling that, in Lenders good fait! determination, predud" forfeiture of the liorrcver's interest in the Frop_tty or other material impairment of the hen created by this Scztrity Instrument or Lender's scanty inter" -St. Borrower AhOU glso be In default if Bon oer, during the loan application process, gave materially fa-tse or inaca:rste Jt.'o,•rna4ion or txatennents to Lendet (Car failed to provide Under with ay,7 material information) in rnnncc<;on —ith the loan t►idenac'. by the Not*, including, but not limited to, reprcwentv.tions cornetrnin¢ Borrower's occupancy of the Prvperty as a prittcipe: realdsnce. IS this Security IrwTu rient Lit on a Ieiumhold, Borrower shall comply srth a' provisions of the lease. If Borrower acquires fee title to the Property, the leasehold tend the fee title Al:ail not rncge ultlesc Larder W the merger in writing. 7. Protection of Lendees RIOU in lltz Property. if Bonawn r fails to pMorn the ctiwenanu and agrecntents contuuirtcd m Instrument, or there is a legal procr, etii.^ng that may sigruriimritly atTtet I"e•nders rights in the Propez:y (such as a ptoceeding n probate, for condemnation or forfeiture o: to o nfOr<tt laws Or ttgu)etions), then Linder may do and pay for whatever is nct:M%f the value of the Property and Lendf-r s rim !� in the PmT�errp T enucr'sr rtRmnc rnsrf inciudr irnying Any sumt seturrA by r_ lie, pdoriry over this Security Irst.rurncnt, epp- ing in u-nim payfng reasonable atto-reys' fees and entering on Lie Property to n, Although I.endet may take action under this. parttg'raph 7, lxndtr do-1 not have to do so. Arc,,, ?•nounts disbursed by Ltndler untie-, this patjgt�ph I shall bcmme nddit+ona] d0w c` llorrawer scarred by this Se- UnitBs tiorru-cr and L.endcr ague to other terms of Pr m: n*. the-, amounts +haU burr irttt�est fmm the crate of dtsbur. , Late aad shall be pa,•rable, with i.'ltereet, upon notice from Fender co Borrower r-questsng payment. S Mortgage Insurance. If IA! riri?r required mortgage insurance as a ct•,edition of malcng the 1�mtn se-cwcd by tr?s Se: P--)rrower 1hal] pay 'he I+ieminRTr. re,�uirh to moir-v:n the mo•-igagr insurance in efrerc. Tf, for gray resru,n, t}ae rn•�rr�®gr 1 r_oT7-.ender lapscr or 0-41:te4 10 be ',n efte(-,, Bc--rrrycr shall pa}' tire prrmi.a-ns requu•ed to cU:a n coverage cllCct, Ttoln 8rt aiternau ma+ttgebc -t r - -- -: Born-wct shall pay to Lender cad" moral': a &. M dual ro one tw'ci�fth of t*e +carp mvrtg c++.' rM tncntt seta Ic<c r ive in lieu of tr ortga the _n%.A.-ance covetage laps:d or carte " be ir. effort. Lend+rr will accept, use and retain tD p"=)'> insurance. Lots repeat payments may nger be required, tit the option of Ltndcr, if : age insurance cc+verage (in the amount and ft the parlour that I cnJ� t t equ;r aj prrYideo b+• art insurer aryprc" ed by t--nrke+ again beeor�t tilab'e and u obtained Bo ro° cr shall pay the premiums required to maintain mo>7g jncuranet in effect, or to provide a 1011 rmr%'e, until tl a requirement for mortgage insurance a-ndc in accordance with any mitten agreement between Borrower and Lender or applicable law 9. Inspection, Lender or its agent may marks rrstonable entries upon and intpectiors of the: operry. Lender shall gi, a Aorrrrwer notice at the time of or prior to an inspecuan r�n cifling reasonable music for the in.tpecxion. r C1RfrndAmagCA, direct or contequentis 14. Condtntnation, The proceeds of any award ol..i^ eor.ncaion with am condemnation or other taking of any pact of the Propen}' of for conveyancc jr, of condemnation, are hereby amigrted t, nd shall be paid to Lender. In the rvcnt v[ a total taking of the praperty, the preteedt trail'x Lapp ied In the turns secured by tl'j< Instrumcrit, whether or not :c-vrity t;^.cn due, with arty ert_-am paid to &grower. In the es-ent of s per+_ial taking of the Prcpem to which the fati- mtt:kcf value of the Property immediately bcforc the taking is equal to . r greater than the aerount of the sums secured by this Security Tnsttu-rr^nt irnmcdiatety before the taking, unlesS Borrow-cr and I_.endcT otheratiac agree jr, writing. the Gums scared b}' this Secutti v' Irsttumcnt sha'.t be i doted by. the am.ohn Hof the M� the following fraction' (m a} the total amount of the sum! ceCurcd irnrncQtat0Y bcforc the tdkin�.. . u.1,.0 t, proceeds multiplied fair market value of the Property immcdiateh bcforc the taking. Any balance shall be paid to Borrower. In the evem of a p nial taking of the Property in which the fait market value of the I'tnnerry irrrne•3iatety bcforc the taking is lea than the smnurt of t`le zumt tenured immediate)}- before the taking, unless Borrvv.ct a -id l..rn3cr othcrwi�e nttrtt in `s'ritinS or uniets applieahle lttw otherwise nrovidrs, the proceeds shall be applied to the )Stotts secured by this Security Instrument whetter or not the )turns are then due. If the Property is abnndoncd by Borrm*cr, or if. after notice by Lender to $orrower that the condemnor offers to rnak_ an tv and Or settle a claim for damages .Borrower fails to re pord to Ltndcr N%4,hin 30 days after the date the notice is given, Lender is aulhori2ed to collect and apply the proceeds, at its option, cilher tut rettor3tion Or rep of the Property of 10 the sums secured hY this Security In, whether or not then due. Unlace Lender and Borrmc'cr otherwise seree iz writing, 3nv application of proce t to principal ehzlt not tend or pnr.tpone the due ate of the rrtnntlsly piyuic,tts rofcrrcd to in paragrnpha 1 and 2 c>r change` the amount of Ttleh payments. It. Bormwtr Not Released; gnrbcatvrtte By Lender Not a Waiver. Bztcntion of the time for payment or m,,dificstion of amortization of the sums secured by this Security instrumcnt g.sr+ted by Lender to any .tuececa+r in interest of Bor,ow•er shall not operate to release thc, liability of the original Borower or Borrower's iucmly. .ors in interest Lender shall not be required to commence proceedings against any tucccmor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this 5ccvrity Instrument try reason of any demand made Try the or•gina: $orrnwcr act Borr0lver s su:eeeterc jr. irrtrtrst. Any forbcazancc'n Lender incrasing any right or remedy shall not be a waiver of or ptccludc the ercrcisc of arty right or remedy. 12. Successors and ArsoxnP Bonrrt:; Jo:11t # i J Serest Uxbilitr, Cp Ag"et- Tao ro-•ronan!e and ngrec-nente of thJf 4:vrity Instrument shall bind and benefit the successors and !t«igns of Lender and Borrower, Subject to the previsions of paragrapy 17. Florrou•cr's covenants and agrecmcnts shall be joint at;d t-vcra:. Ar}• P.orrcnvcr who crr ;iyrts this Security lnstrvmert but doe not execute the `Tote- (a) it co-signing this Security Instrument onh• to mortgage, grant and corwty that )30 Owens intcrtst in the Property under the tens of this Sthcrih Instrument: (b) is not personally obligated to pat, the Sums s.curcd by this S'c,rity Instnumcn,; :end (c) ngtees that Lender oral zm• tither I3unower may agree to extend, modih•, forbear or make any accommodations •with regstd to the tarns of this Security' Instrurnert nr the'Note witt,out that Borrower's consent. 13. Loan Chorges. If the ltv+n Secured av tltic Security Im:fnimant is csshiec, to a tau• which sttt maximum loan charFcs and that law is finally interpreted so that the interest or oth^_r. )onr. -harget conected or to be roliccted in connexion with the loan etcced the permitted limits, then: (a) any such loan ehatgc shall bC redumd bry the amount ncccc+s;'y' to reduce the charge to the permitted Iimit: and (b) any sums ahead} collected from Borrower which excecded permitted limits will, be refunded to Borrawcr. Lender may shoats to make this r^.fund by reducing the principal owed under the Note or by making a d;rcr, payment to Borrower. If a refund r:duces pnn�ipal, the reduction %U be treated as a partial prtpayruc.It without any prepayment cl+arge under The. ote. 14. Noticm Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or ry mailing it by first clatS mail unless appliost4c law rcquirca use of another method. no notico shalt bo dimctod to tho Property Acidree, or any other oddrcaa Sorvw•cr designates by notice to Leader. Any notice to Lender Shall be gi to iyy first class mail to Lender's sddrect stated herein or any other address Ltndcr designates by notice to Borrower. Arr; notice provided for in this Security Instrument shall be deemed to haae been giv:r. to BorTowcr or Lender when given as provided in this taragraph. 15. Governing Law, Sever•abilits. T?n s Seen^• In.rrnm-nt shall be governed by federal law and the lttw- of the junsdi,_tion ir, which the Prcperh, is located. in the event that any prrmsior, nr dl4use of Lhis Security Instrumcni or the Note corficts with appiiatRbit lv, such conflict ment or the Note which cqn be given effect tvithoui the confaning prmisiom To :his end shall no, affect other prtnisivrts of this Security Instru the previsions of this Soeurity Ire-ttvntort and the Noto are de'eie.^ad to be sc-vcrabic. 16. 8ot•ro t'er's Copy. Borrower shall be given one conforTn:d copy of the Note and of this Security Ims- en', 17. Transfer of the Prope'rt•9 or a Zenefkittl Interest in Borrower. If all or any part of the Property or any interest in it is sold o: transferred (or if a beneficial interest in i~^rrower it sold or transferred and Borrrwcr is not a natura; person) without Lenders prior written consent, Lender may. at its option, rega:rc irnmerlate payment in full of all) turns secured by this Security Instrument. H(mevcr, this option shall not be cxerciwd by Lender if march,: is prohibited b}' federal law as of the date of :his S=Iity Instrument. If Ltndcr exercises this option, Lender shaa eve.. Borrower notj,-: of acceleration. The notice shall prz�%•ide a period of not less than 30 days fro-n the dzte the notice is &4ivcred of mailed within which must rov all sums secvfed by this Stxur,'ty Instrument. If Do;TQwCr f3:1s to pay these sums prior to the expiration of Shia period, Lender 7jay itt,,oke any remedies permitted by this Security Instrumcnt without further notice or demand on Borrower. 38. Borraw•er's Right to Reinstate. If Borrower meets c+;rtain conditi�ns, Borrower shall have the right to have enforcement of thin 5ecurrty lnstrvment discontinued at any time poor to the earlier of: (a) 5 dart (or such other period ac applicable Iaty may specify for rcme4alement) bcforc salt of the Propem• p•r'suart to any pawcr Of sale cOntsined in this Serurity Insrumcnt, or (b) entry of a judgmcm enforcing this Secanty Instrument. Those renditions are that Borr7wer. (a) pays Ltndcr all sums which then would be due under this Security Instrument and tho Not* as if no 3ccolorntirn hod (5) cures any default of any other covenants or agrecmcnts; (c) pare all incurrrd in enforcing this Sev:vrity I^_strurrcnt, irdudin.g, but riot )i.-cited to, reasonable attorneys' fees, and (d) fakes such action as Lender may reasonably requirr to assure that the Iron of this Stc�urity Instrument, Lenders rights in the Pryperty and Borrvweex obligation to pay the sums secured by this Security Instrument shall tontvwt unchanged. Upon reinstatement by Borrower, this Sc=rity Instrument and the obligations Secured hereby shall remain fully effective as if no acceleration '+,ad occurred. However, this right to reinstate shall not apply in the east of acceleration under paragraph 17. 14. Sale or Note; Change of Loan Ser-ricer. T`na N<,,e or 2. partial interest in t'tc No.e (together with this Security Instn.rment) may be sold ono or rr,oro timCA without prior notice t,) Durr aver. A . 1e mar result in a change in tht entity (kao-n as il,t "I..ven Svrvicer') that coliecis monthly payments due under the Mote and this Secun-v Instrument. The also may be one or mere changer of the Loam Scrvimr unrelated to a sale of the Note. If there is a change of the 1,4an Sem"Cer,Torrt*r✓er w 1 be &en written notice of the cltangc''n accofdajicc wit4 paragraph 14 above And applicable law. The notice will state toe name and addraac of the new Loan Servicer and the address to which pnsTnenrc chnidri be made. The notice will also conts;n any other inform3t"loft required by apfilicsblc law•. 20, Harardous Substances. Borrcnver shall not catzse or permit t c pres"ce, use, disposal, storage, or rcle�le of any Ha7,ardous Subranccs on or in the 1 roperty. Borrower shall not do, nor allow anyone else to do, anything afccting the Properly tha, is in violation of any PTvitpnrw^ntal Lai-. The preced;ng hvo "nthtt-r+,•, Olall not apply to the. prescncc, ueG, or storagc on the I'rUp'rty of small yuamitius of Hezardoas Substances that are generally rex'oV-izcd to be appaopr•iate to ttorrmt; r"id^_ntial Lees and to mains^_trance of the Property. Bo Tower shall promptly give I.ertdcr written notice of troy trlvestigation, clairn, demand, lawsuit or other ay.ion by air), g(n•err.mental or regulatory agency or private party involving the Propcm. end anyHazardcxts Sutstance o; 'Ez mironmental IAw or which Porrower'tas actual knowledge. If D. n wcr Icarns, or is. notiii»d by am• gr+vrrt1 tCnta: or regulatory authority, that arr,/ removal or other remcdiation of any Hs:arctous Substance affecting the Prot)Cr v it necttUry, Bor:ow!r shall proms tty take a!t necessary remedisl actions in accordance with Environmental Law. At, used in this paragraph j, S b5tarces' are thnte tubt!stnce_c r'el`iznr,! P4 tr+azc ear hwtordout tubrancce tn• Envronmental Law and the following xvbstancr,.: S"Oline, kcrom--ne, otht, am,mahlc rr toxic pCtrolcum products, toxic pe5tindec and herbicde,,, volatile sniventt, mater'als containing asbestos or formaidcM-idc, and r,�dinac'tive matcrWc. As used in this paragraph 20, "Environmental Law" means federal last"; And laws of the jurisdiction %+t; e the Fr,-,per+y iS lot i^_d !hat relate to health, safcry or environmental protection Form 3006 9190 (prtgo 3 of 4 pages) h0N-L'N1F0ftM C;DU , E.vAN 1 orrowcr and Lender further ccn,enan-, are? a as follows: 21. Acceleration; Rermcdies. Lender s-Wl give nn;ice ?n flor'ro-Arr prier tv accc)cration folitoviag liorrouer% - any co►euant or agr•eement'.n this: Security irstrurnettt (b.a not prior to acveleratlon ruder paraynph 17 eniecc applicab.- t,rmides, otherwise). The notice shall specs`;: (a) the �rtfault; (b) the actioii required to cure the default; (c) x date, not less than 30 days from the date the notice is given to ifarxm►er, by which the default trust be cutrd; and (d) that failure to cure the drfay.lt on or before the date specified in the notice may result In steceler•xtion of the sums secured by this Secui ity Instrument And %,tte of the rroptrty. 'ire notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceetling the non-existence of a default or any other defense of Borr(:,,er to accdermion and sale. If the default is not cured on or bcrore th;, date specified In the notice, Lender at. Its option msy require ir,.rrtediate payment in roll or ail earns secured by this Security lnstrttmerit aithout further demand and may invoke 0- powtr of sale and any other rtmedies ptmaltied by applicable tat+. Lender shall `ore entitled to collect all expenses incurred to pursuing the rcmcdtcs provided In this paragraph 21, including, but not litnlied to, reasonable attorney-i' fees and cost-s of title evidence. If i meter invokes the power of sale, Lender dull gliv written notice to Trustee of the occurrence of an event of default and of lender's electlorr, to cause the Property to be sold. L.ertcier shall mail it copy of the notice to Borrower as ptuvi&d Iu paragraph 14. Trusw shall retard a copy of the notice in the county in which the Property is located. Trustee shall ptthlish a notice of 9Hie for the time and in the manner pro-6ded by applicable lan ,and shall mail copies of the notice of sale in the manner prescribed b► applicable taw to Borrower and to the other persons prescribed by applicable law. Atler the time r`,quirtd by applicable law, Trustee, r3;hout demand on Rorror;*vr, shall sell the Property at public auction to the highest bidder for zash at the time and pirate triad under the terms desiirnated in the notice of sale in one or more parcels and in any order Trustee determine%. Trustee may postpone stile of any parse: of the Propet?r by public announcement at the time and place or any previously scheduled sale. Lender or its designee rutty purchase the Property at may sale. Trustee shall deliver to the purchaser T ru ee's terlifle.Rte describing the Property And the time the ptrchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie etidenae of the truth of ttte statements made therein. 'trustee shall apply the proceeds or the sale in the following order. (A) to all expenses of the sale, Including, but not Iim,ted to, rcasonable Trustee's and utcorc .-%' fees; (b) to ail cams set-ruredi by this Security Instrument and (c) any excess to the person or persons legally entitled to It. 22. Release. Upon pay-mcnt cl all sa.tus secured by t%is Sccu. ity Instrument, Lender shall request that Tnsstee release this sveLaity Iastrurrtc'M and sbali produce for Trtretee, duly caneclled, all notes rvirl,rrrsno debts secured by this Security Instrument. Trustee shall rclease this Sccur;ty instrument w'rthca! furth:r i;lquiry or Liability. Borrower shall pay any recordation costs and the statutory Trustee's fccs. :J. N't,iver of IIomtstead. Borrower wr2ivte all riZbt of homestead esempoott in the Property. 24. Rider's to this Security lastrumenL If one. or mote riders are executed by Borro-over and recorded together with this Security Instrument, the covenants and a$ cements of each such rider shall be incorporated into and shall amend and supplement Ilk CVVCrAAnts duel ag C%u;:nts of d.is Sccurky Irifrt:m ant .15 if the rider;c) -erfi a part of this Srcttrity instrument. [Check applicable box(es)j E1 1�—t L._.1 Other(s) [specify] Adjustable Rate Rider Graduated i'aymcut Rider Balloon Rider Condominium Rider 1-4 Family Rider Cj Planned Unit Development Kiev Biweekly Payment Rider C j Ratc improvement Rider Second Home Rider BY SIG.NL'�lG BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(;) executed by Borrower and recorded with it. Witnesses: (SEAL) -Borrower 9,O r S*i.-urtry Nurnbar _ \ =,ate C✓ _ - ��iii<:.�.�5.�!'�-,.r� JArf S A- SBARBARp ----�— (SEAL) •borrower SoCitt Setvrity Number % � � U() �lipD( Sociai Security Number Social Securtty Number (Spa-rr f3 Cw TTis Un-0 For ACWVoWredp rt w1; .-- (SEAL) Borrower _.. (SEAL) -Borrower STATE OF COLORADO, County ss: The foregoing instrument was c m acknomedged t+eforo this 1 5 r- h day of APRIL 1993 , by BONNIE K. SBARBARO AND, .1A-Mi:S A. SBAKBARO Witness my hand and official seal. M commission expires: �frauryiiiblie-- / Form 3006 9/90 (page 4 of 4 pages) align A heights - BR2 ;� "' ceair►g, � ` carpet al moms on second floor 10 -1 "/)'/ amension to centerline 5Z - NOTE: VERIFY ALL WINDOW ROUGH OPENINGS WITH MANUFACTURER. Dimensions on plans may be nominal sizes. �40 arnoko detector on ►� ■-�-���� fit, -drip . t� � • • IN �t�reees:�:� r.� see �:. �:� rw ► iee..:� sa ,. •.. .. 4 ' ' • • �' it�t�l�e�t�1�1:'� �..1.1�.I:ere•:erisr.•:ist:•:rrisrii:•:eiy:•:errsirei:� : ..closet. . 00 ttPAP - .• a / i Aer t'♦yt� 'tom ■ closet 311 VIA MASTER BATH � �� ' .��,. •. • • •.�; •.. •...... • ..... •.i.......�.�t�t�t�1��l.� �t:1�1��t�:t�.l�tt����l�!•L1St�Stt�t!....5��1��t�t�st�l�t��t�.!•t.!•t�tstt/.t � �tl�■1�/■lia ��tf�Ltst�ts! rit►.!_l.�1 _ �'�� • U I W- � Z fvv4":l l 1117 -.:.4 P'•`.� - ._. -�GAad �i.;u1^�,.a$aat�v1a� .�.,:. — �g�yF,'""�ii' - _ — -��+�- y _ �.:1 CODE SUMMARY JURISDICTION: Aspen BUILDING CODE: 88 UBC Occupancy R-3 Type of Construction V ENERGY CODE: 1986 Model Energy Code This structure complies with the 1986 M.E.P. Minimum "R" Values for this structure: Walls: R-24 (R-19+ Reflectix R-5) Roof: R-35 (R-30+ Reflectix R-5) Exterior Glazing: R-2 Source of energy: Gas powered hydronic baseboard ZONING: SITE AREA: FAR: Front and Rear Setback. - Min. Front and Rear Combined Setback: Side Setbacks: Minimum Sideyard: Maximum Height: Maximum Site Coverage: R-6 6000 SF Allowed 3240 SF 10' minimum 30' 5'each, 15' combined 6'-8" on Garmish (2/3 of front) 6.66' 25' 40% (2400 so Area Calculations revised 10.11.93 actual SF FAR 8f 1st Floor 1425.8 1425.8 2nd Floor 1251.2 1240 Basement 1516.3 23.5 sub -total heated 2677 2677 Garage / Bikes 527 527 Porch area under overhangs >3' 99 36 0 ItoW FAR 3240 GENERAL NOTES: 1 These drawings and plans com rise part of the CD's see the Project Manual for other parts. The contract documents consist of the agreement, the drawings, and the specifications, which are cooperative and continuous. Work indicated or reasonably implied in any one of the documents shall be supplied as though fully covered in all. Any discrepancy between the parts should be reported to the Architect immediately. 2 Do not scale the drawings, dimensions govern. Large scale details govern over small scale details. 3 General contractor is responsible for coordination of the various trades. 4 Contractor is responsible for checking all contract documents,and field conditions for accuracy and compatibility and for confirming that the work is buildable as shown before proceeding with construction. If there are any questions regarding these or other coordination questions, the Contractor is responsible for obtaining a clarification from the Architect before proceeding with the work in question or any related work 5 IyRical means similar for all conditions, unless otherwise noted. 6 Details are usually keyed only once (on the plans or elevations when they first occur) and ate typical for similar conditions throughout unless otherwise noted. 7. Provide blocking in partitions as required for all millwork and accessory items attached to walils. 8 The Contractor shall submit all proposed substitutions to the Architect in writing with sufficient information, samples and difference in cost. Substitutions must be approved in writing before they may be used. If the Contractor; the Owner or the Owners' representative substitute a material, revise a construction detail, method of attachment or in any way alter the work so that it does not conform with these documents without the Architect's written approval, such action will relieve the Architect of any responsibility of liability as to the aesthetic effect, subsequent failure, property damage, personal liability, errors and/or omissions. 9. The presence of the Architect on the job site does not imply concurrence or approval of the work The Contractor shall call specific items to the attention of the Architect if he wishes to obtain Architect's review. 10. The Contractor shall be responsible for obtaining all required permits. 11. Mechanical, plumbing, fire protection, and electrical subcontractors shall provide design/build services, in accordance with the criteria of these documents, for their respective speciality and are responsible for obtaining permits for their work 12 Heating is Gas fired. 13. Smoke Detectors shall be provided on a Design / Build basis by the Electrical Sub -Contractor under permit to be obtained separately. 14. Provide samples of all finishes, hardware to Architect and Owner for approval. 15. Electrical outlets above counter shall be +40" to bottom of cover plate tight to top of backsplash, all cover plates and receptacles SHALL BE W H 1 T E and GFC1 in kitchen. WINDOW SCHEDULE NOTES: 1. All glass is insulated Low-E 2. Units A-K are to be Ea le, or approved equal. Units L are I in -ford Bros., Ca trot, Ea le or wL 3. All glass is tern pored safer lass on doors and within 18' of doors and floor. 4. All operating units to receive removable insect screens. 5. Refer to elevations form ullion patterns. G All units standard white dad. 7. Pre 'me interior of windows white- 8. Provide while hardware and bronzesaeem 9. Provide shop drawing of Deaorell panes ADD ALTERNATES: 1. S tem 1 and System 2 shades on all bedroom, bath, accessoty dwelling unit, south facing units. 2 Garage Door fiberglass in lieu of insulated metal MARK SIZE width x height) TYPE 1 NOTES Al 2-0 x 4-0 Double Hun A's on second floor 2 units at Tub are tempered glass, top half with 2 Colonial MDL A2 2,0 x 4-0 Double Hun A's on second floor to half with 2 Colonial MDL B 3-0 x 5-0 Double Hun egress, top half with 2 Colonial MDL Cl 1-0 x 2-0 Fixed Colonial MDL auxilla C2 2-0 x 2-0 Fixed Colonial MDL a_uxillary w/ 1 vertical mullion centered C2b 2-0x 1.4 Fixed Colonial MDL must fit garage door panel, verify w/ majestic door and hans @ Rudd C3 3-0 x 2-0 Fixed Colonial MDL auxiliary w/ 2 vertical mullions C4 4-0 x 2-0 Fixed Colonial MDL auxiliary w/ 3 vertical mullions C5 5-0 x 2-0 Fixed Colonial MDL auxiliary w/ 4 vertical mullions ictu re, master bed room D 4-0 X 5-0 Fixed D2 5-0 X 4-0 Fixed picture, pair in dining room E 1-0 x 4-6 FixedPicture" F 4-0 x 2-0 (awning size) Fixed Colonial MDL east wall living room: w/ 3 vertical mullions G not rued H 1-0 x 6-8 Fixed 3 lite sidelile EDES34 not mad K 124 x 3-0 Double Hun interior window to bathroom 13 L 3.0 x b-0 Double Hung aluminum frame, basement egnme DOOR SCHEDULE NOTES: 1. All glass is tem red safety Elam on doors and _within 18' of doors and floor. 2. Exterior doors Eagle, Interior Doors Masonite Colonist 3. Provide slidin screen Eor two sliding doors ADD ALTERNATE& 1. System 2 shades on the Patio Sliders. 2. Garage Door Fibe lass in lieu of insulated metal. DOOR ISIZE width x height) TYPE NOTES ENTRY Schlage Plymouth 1li160 bfthi brass EAGLE ES68 if leas than $200 variance from ES60 lock and_deadbolt PATIO SLIDERS w/ screen key to match all doors Garage Man Doors one: 3-0 X 6-8 (at h), one 3-6 x 6-8 (west side) EAGLE metal insulated, ED60, &pand Garage Door, front I& wide x 8' high ated metal, smooth texture surface, flat panels Ma'esI ti5, provide catalogue and cut sheets for approval Side En to Stair 3-0 x 6-8EAGLE metal insulated, ED60, 6-panel, 2 lass to Bedroom 3/Aocroso Dwelling lock and deadbolt Interior Doomper plan Schlage Flair 605 bright brass Masonite Colonist 6 panel (including closet doom) privacy locks in bed and bathrooms one door in master bath has louvr�sinted -INDEX STRYKER/ BROWN AO-1 INDEX, GENERAL NOTES, MAP, Architects, PC ZONING SUMMARY, WINDOW SCHEDULE 300 South Spring Street Aspen Colorado A1.1 SITE PLAN 9ff 2�54 A1.2l3BASEMENT PLAN fa-X:925.2258 A1.3 FIRST FLOOR PLAN A1.4 SECOND FLOOR PLAN A1.5 ROOF PLAN A2.1 BUILDING ELEVATIONS A2.2 BUILDING ELEVATION, PERSPECTIVES A2.3 PERSPECTIVES A3.1 BUILDING SECTION THORACIC PARK A4.1 DETAILS A4.2 DETAILS Sbarbaro A4.3 DETAILS Residence E1.2 BASEMENT ELECTRICAL PLAN E1.3 FIRST FLOOR ELECTRICAL PLAN 101 E. Francis Aspen, Colorado E1.3 SECOND FLOOR ELECTRICAL PLAN E1.4 ROOF ELECTRICAL PLAN LOCATION MAP I� 4 9.1.493 1/4" =1'-0" sOWa Index, Notes g '° Zoning Info Map q MU* a S i T" 4 Hallam .41 l3oR Coates ' � ar ' wi zy'; �► vr++r 8 Aspen I "d 13-101/4 Egress Well: landscape timber retain. walls 3' wood guardrail on ret. wall _alch119ni- cch — -----Tpr�.g�.• --- T.O. perimeter and UP Egress Well 6 � Up • • middle shied grade g T.O. gravel T.O. gravel ' . Egress Well '—T.O. gravel sills + 24', Pair OH 3060: 'L' sills + 24', Pair DH 3060: 'L' `Boiler Vent through i n sidewall 4' from window I I+ 2' rigid insulation on waterproofing min. Vent below rim joist. Bedroom i / on 8' conc. wall, typical. Concrete Walls per Structural Porch above---> Sub Slab Vent System: I i 4' perforated drain tile 8' oc both ways I i wrap in filter blanket 1� 91'-0• set in gravel below slab Top of Slab exhaust with PVC riser to exterior__ --- caulk and seal tight Y-6' 0'-4' 4'-1112' — • UP 14RO7.71' -- — -- • •I 12T®10' Typical Interior I c /Wall:112• _- Closet ® gyp bd. on 2x4 0 16'oc ( _ -Handrails:+36',1 112' of diameter, 1 112' clear 7 —-- to wall, extend 6' beyond last risers, 1 — - — Typical. Foundation walls ---- ---- -- • � 96'•1 3/4' ° Landing Unfinished Basement Sealed Concrete Floor Painted Concrete Walls No Gyp.Bd Ceiling, no Accoustic Batts in ceiling Coordinate final size of • Mechanical closet with ° Mechanical ' subcontractor and Architect Garage above Rough in for future plumbing fixtures N N a Rough in openings for future windows cover with pressure treated plywood and y -- bituthane, 6' insulation in cavities \ i sills + 24', Pair DH 3060: 'L' sills + 24', Pair DH 3060: 'L' ..°••... ..... .......— ---- ...... ---- --- °. Cn N o, %'Mechanical C1 hr. enclosure ;D. Setback Line STRYKER/ BROWN Architects, PC 300 South Spring Street As en Colorado 925.2�54 fax: 925.2258 THORACIC PARK Sbarbaro Residence 101 E. Francis Aspen, Colorado REVISED 10.28.93 1 / 4" =1'-0" Basement Plan Al m2B A3.1 Roof below - --- 21'-6' , B, egress, sill+2'-6' vlalign sill heights LO Zo BR2 EXERCISE Ceiling + 8' p ROOM Z carpet all rooms N iv on second floor Q dimension to centerline 4'-41/2' 0'- 6'-13/4' 4'-41/2' 7'-81/4' 3' 1/4' 5-0 x 6-8 sliding smoke detector on ceiling in hall `C' s' e 9,4 �! _ y 112' 9YP bd. on 2x4 typ.Zn ?� N x X + "'TT NOTE: VERIFY ALL WINDOW ROUGH OPENINGS WITH MANUFACTURER. Dimensions on plans may be nominal sizes. ��_:ee:�a��:wr_:�:e:�yex rerree �:� rw:� ►:rrrrewa;�eeeee:�:�:ee ■handrails►► x 106'-3* carpet landing Privacy ,. 4.4A�1AAyN:�a�r�:rw;�rex+x•:r���ticrwxt:�:w�:��rery :r41►w N�floor, �1 :\ rreer�sew:r.��.l. l�.i' Vaulted Ceiling, 0 • , �..'carpet CY Ln c BATI 2 CYiD 'v Accessory i w d" Dwelling Unit !�T' 3.E y r,, aD •.��' '� 0 1 hour walls, Floor � m HIS NOTE: 1 - 3.10' x „ set closet doors equal e � a Accoustical Batts in Walls / � Q I closet distance from ridge N t > and Floor d / `a .� G Carpet ' 8' ceiling / beam Qo�A+� Surface mount P CDy, ti Med.Cabs. typ. M' `Y c i 'S / �o. Carpet Wood or <� < Kitchenette-- �x vnyf o I fr•31 ' p�`� x� x ' Verify sinks 4 i l — i boo �°`' Her 83'-3 1 /2' _4'-2 3/4' pathco 3 C10Set a X / Cn - N ceding ® ,/ 8' ceiling d, __— Vinyl Floor ——————— — —---- —=—- l ti Ilk, aI, fir out interior wall 2.6 Shelves Recessed Wood or 9', flush 2-4 x 6-8 24' TB + i — - f/S— — — 5 shelves' Soap Niches VI ry W n TP 1' deep Soap Dish verity K: ill+ -6' '-01/ +23'• Egress B 73/4 5'-71/2' � " N sill +2'6' �N 15 T e 10 x x , /'m ,r � K: siN+4'-6' 4' cantilevered soap shelf+ 4' MA S TE R BATH 10'-91/4' 4'-1-3/4'_ 6'-43/4' 23_71/4' - 8'ceiling 14'-11' Al sill+2-2' Al sill+2'-2' NORTH �4 STRYKER/ BROWN Architects, PC 300 South Spring Street Asppen Colorado 925.2�54 fax: 925.2258 THORACIC PARK Sbarbam Residence- 101 E. Francis Aspen, Colorado REVISED 10.28.93 1 /4" =1'-0" SECOND FLOOR PLAN Al A SOUTH ELEVATION II LMIN'Ell 'tL Im ---------- wo SOUTH EAST ELEVATION Al��qLT �1W-iLC-C7 i u 4 1? It -I �' � 111 II .•�, i'i'ijYi'n , U 0 .� ATTIC, ve-Ir FIN I:>f4 69AM STRYKER/ BROWN Architects, PC 300 South Spring Street Asgen Colorado 92 54 fax: 925.2258 THORACIC PARK Sbarbaro Residence 101 E. Francis Aspen, Colorado 1028.93 1/8#1 = ll-O" Building Elevations EAST ELEVATION NORTH ELEVATION AZ.1